Bill Text: TX HR232 | 2011 | 82nd Legislature 1st Special | Enrolled
Bill Title: Suspending limitations on conference committee jurisdiction, S.B. No. 1.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-06-29 - Reported enrolled [HR232 Detail]
Download: Texas-2011-HR232-Enrolled.html
| H.R. No. 232 | ||
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| BE IT RESOLVED by the House of Representatives of the State of | ||
| Texas, 82nd Legislature, 1st Called Session, 2011, That House Rule | ||
| 13, Section 9(a), be suspended in part as provided by House Rule 13, | ||
| Section 9(f), to enable the conference committee appointed to | ||
| resolve the differences on Senate Bill 1 (certain state fiscal | ||
| matters; providing penalties) to consider and take action on the | ||
| following matters: | ||
| (1) House Rule 13, Section 9(a)(1), is suspended to permit | ||
| the committee to change text which is not in disagreement in | ||
| proposed Section 4.02 of the bill, in added Section 111.0041(c), | ||
| Tax Code, to read as follows: | ||
| Contemporaneous records and supporting documentation appropriate | ||
| to the tax or fee may include, for example, invoices, vouchers, | ||
| checks, shipping records, contracts, or other equivalent records, | ||
| such as electronically stored images of such documents, reflecting | ||
| legal relationships and taxes collected and paid. | ||
| Explanation: The change is necessary to provide clear | ||
| examples of what types of records or documentation appropriate to a | ||
| tax or fee may be used to verify certain claims. | ||
| (2) House Rule 13, Section 9(a)(2), is suspended to permit | ||
| the committee to omit text which is not in disagreement, Article 5 | ||
| of the senate engrossment of Senate Bill No. 1 and the corresponding | ||
| article of the bill as the bill was amended by the house of | ||
| representatives, relating to unclaimed property, that reads: | ||
| ARTICLE 5. UNCLAIMED PROPERTY | ||
| SECTION 5.01. Subsection (a), Section 72.101, Property | ||
| Code, is amended to read as follows: | ||
| (a) Except as provided by this section and Sections 72.1015, | ||
| 72.1016, 72.1017, and 72.102, personal property is presumed | ||
| abandoned if, for longer than three years: | ||
| (1) the existence and location of the owner of the | ||
| property is unknown to the holder of the property; and | ||
| (2) according to the knowledge and records of the | ||
| holder of the property, a claim to the property has not been | ||
| asserted or an act of ownership of the property has not been | ||
| exercised. | ||
| SECTION 5.02. Subchapter B, Chapter 72, Property Code, is | ||
| amended by adding Section 72.1017 to read as follows: | ||
| Sec. 72.1017. UTILITY DEPOSITS. (a) In this section: | ||
| (1) "Utility" has the meaning assigned by Section | ||
| 183.001, Utilities Code. | ||
| (2) "Utility deposit" is a refundable money deposit a | ||
| utility requires a user of the utility service to pay as a condition | ||
| of initiating the service. | ||
| (b) Notwithstanding Section 73.102, a utility deposit is | ||
| presumed abandoned on the latest of: | ||
| (1) the first anniversary of the date a refund check | ||
| for the utility deposit was payable to the owner of the deposit; | ||
| (2) the first anniversary of the date the utility last | ||
| received documented communication from the owner of the utility | ||
| deposit; or | ||
| (3) the first anniversary of the date the utility | ||
| issued a refund check for the deposit payable to the owner of the | ||
| deposit if, according to the knowledge and records of the utility or | ||
| payor of the check, during that period, a claim to the check has not | ||
| been asserted or an act of ownership by the payee has not been | ||
| exercised. | ||
| SECTION 5.03. Subsection (c), Section 72.102, Property | ||
| Code, is amended to read as follows: | ||
| (c) A money order to which Subsection (a) applies is | ||
| presumed to be abandoned on the latest of: | ||
| (1) the third [ |
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| which the money order was issued; | ||
| (2) the third [ |
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| which the issuer of the money order last received from the owner of | ||
| the money order communication concerning the money order; or | ||
| (3) the third [ |
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| last writing, on file with the issuer, that indicates the owner's | ||
| interest in the money order. | ||
| SECTION 5.04. Section 72.103, Property Code, is amended to | ||
| read as follows: | ||
| Sec. 72.103. PRESERVATION OF PROPERTY. Notwithstanding any | ||
| other provision of this title except a provision of this section or | ||
| Section 72.1016 relating to a money order or a stored value card, a | ||
| holder of abandoned property shall preserve the property and may | ||
| not at any time, by any procedure, including a deduction for | ||
| service, maintenance, or other charge, transfer or convert to the | ||
| profits or assets of the holder or otherwise reduce the value of the | ||
| property. For purposes of this section, value is determined as of | ||
| the date of the last transaction or contact concerning the | ||
| property, except that in the case of a money order, value is | ||
| determined as of the date the property is presumed abandoned under | ||
| Section 72.102(c). If a holder imposes service, maintenance, or | ||
| other charges on a money order prior to the time of presumed | ||
| abandonment, such charges may not exceed the amount of $1 [ |
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| per month for each month the money order remains uncashed prior to | ||
| the month in which the money order is presumed abandoned. | ||
| SECTION 5.05. Section 73.101, Property Code, is amended by | ||
| amending Subsection (a) and adding Subsection (c) to read as | ||
| follows: | ||
| (a) An account or safe deposit box is presumed abandoned if: | ||
| (1) except as provided by Subsection (c), the account | ||
| or safe deposit box has been inactive for at least five years as | ||
| determined under Subsection (b); | ||
| (2) the location of the depositor of the account or | ||
| owner of the safe deposit box is unknown to the depository; and | ||
| (3) the amount of the account or the contents of the | ||
| box have not been delivered to the comptroller in accordance with | ||
| Chapter 74. | ||
| (c) If the account is a checking or savings account or is a | ||
| matured certificate of deposit, the account is presumed abandoned | ||
| if the account has been inactive for at least three years as | ||
| determined under Subsection (b)(1). | ||
| SECTION 5.06. Subsection (a), Section 74.101, Property | ||
| Code, is amended to read as follows: | ||
| (a) Each holder who on March 1 [ |
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| is presumed abandoned under Chapter 72, 73, or 75 of this code or | ||
| under Chapter 154, Finance Code, shall file a report of that | ||
| property on or before the following July [ |
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| comptroller may require the report to be in a particular format, | ||
| including a format that can be read by a computer. | ||
| SECTION 5.07. Subsection (a), Section 74.1011, Property | ||
| Code, is amended to read as follows: | ||
| (a) Except as provided by Subsection (b), a holder who on | ||
| March 1 [ |
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| presumed abandoned under Chapter 72, 73, or 75 of this code or | ||
| Chapter 154, Finance Code, shall, on or before the following May | ||
| [ |
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| written notice stating that: | ||
| (1) the holder is holding the property; and | ||
| (2) the holder may be required to deliver the property | ||
| to the comptroller on or before July [ |
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| not claimed. | ||
| SECTION 5.08. Subsections (a) and (c), Section 74.301, | ||
| Property Code, are amended to read as follows: | ||
| (a) Except as provided by Subsection (c), each holder who on | ||
| March 1 [ |
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| Chapter 72, 73, or 75 shall deliver the property to the comptroller | ||
| on or before the following July [ |
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| report required to be filed under Section 74.101. | ||
| (c) If the property subject to delivery under Subsection (a) | ||
| is the contents of a safe deposit box, the comptroller may instruct | ||
| a holder to deliver the property on a specified date before July | ||
| [ |
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| SECTION 5.09. Subsection (e), Section 74.601, Property | ||
| Code, is amended to read as follows: | ||
| (e) The comptroller on receipt or from time to time may | ||
| [ |
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| mutual funds, received under this chapter or any other statute | ||
| requiring the delivery of unclaimed property to the comptroller and | ||
| use the proceeds to buy, exchange, invest, or reinvest in | ||
| marketable securities. When making or selling the investments, the | ||
| comptroller shall exercise the judgment and care of a prudent | ||
| person. | ||
| SECTION 5.10. Section 74.708, Property Code, is amended to | ||
| read as follows: | ||
| Sec. 74.708. PROPERTY HELD IN TRUST. A holder who on March | ||
| 1 [ |
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| holds the property in trust for the benefit of the state on behalf | ||
| of the missing owner and is liable to the state for the full value of | ||
| the property, plus any accrued interest and penalty. A holder is | ||
| not required by this section to segregate or establish trust | ||
| accounts for the property provided the property is timely delivered | ||
| to the comptroller in accordance with Section 74.301. | ||
| SECTION 5.11. (a) Except as provided by Subsection (b) or | ||
| (c) of this section, this article takes effect on the 91st day after | ||
| the last day of the legislative session. | ||
| (b) Except as provided by Subsection (c) of this section, | ||
| Subsection (a), Section 74.101, Subsection (a), Section 74.1011, | ||
| Subsections (a) and (c), Section 74.301, and Section 74.708, | ||
| Property Code, as amended by this article, take effect January 1, | ||
| 2013. | ||
| (c) If H.B. No. 257, Acts of the 82nd Legislature, Regular | ||
| Session, 2011, becomes law, this article has no effect. | ||
| SECTION 5.12. A charge imposed on a money order under | ||
| Section 72.103, Property Code, by a holder before the effective | ||
| date of this article is governed by the law applicable to the charge | ||
| immediately before the effective date of this article, and the | ||
| holder may retain the charge. | ||
| Explanation: The article is omitted as unnecessary because | ||
| its provisions were largely duplicative of those of House Bill No. | ||
| 257, Acts of the 82nd Legislature, Regular Session, 2011, as | ||
| effective September 1, 2011, and January 1, 2013. | ||
| (3) House Rule 13, Section 9(a)(3), is suspended to permit | ||
| the committee to add text on a matter which is not in disagreement | ||
| in proposed Sections 5.01 and 5.02 of the bill to read as follows: | ||
| SECTION 5.01. Subsection (b), Section 72.1017, Property | ||
| Code, as effective September 1, 2011, is amended to read as follows: | ||
| (b) Notwithstanding Section 73.102, a utility deposit is | ||
| presumed abandoned on the latest of: | ||
| (1) the first anniversary of [ |
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| date a refund check for the utility deposit was payable to the owner | ||
| of the deposit; | ||
| (2) the first anniversary of [ |
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| date the utility last received documented communication from the | ||
| owner of the utility deposit; or | ||
| (3) the first anniversary of [ |
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| date the utility issued a refund check for the deposit payable to | ||
| the owner of the deposit if, according to the knowledge and records | ||
| of the utility or payor of the check, during that period, a claim to | ||
| the check has not been asserted or an act of ownership by the payee | ||
| has not been exercised. | ||
| SECTION 5.02. This article takes effect on the 91st day | ||
| after the last day of the legislative session. | ||
| Explanation: The change is necessary to provide for a | ||
| presumption of abandonment of certain utility deposits after one | ||
| year. | ||
| (4) House Rule 13, Section 9(a)(4), is suspended to permit | ||
| the committee in proposed Section 7.01 of the bill to add text on a | ||
| matter not included in either the house or the senate version of the | ||
| bill to read as follows: | ||
| SECTION 7.01. Section 51.008, Government Code, as effective | ||
| September 1, 2011, is amended by amending Subsection (c) and adding | ||
| Subsection (d) to read as follows: | ||
| (c) The Office of Court Administration of the Texas Judicial | ||
| System may collect the fees recommended by the process server | ||
| review board and approved by the supreme court. Fees collected | ||
| under this section shall be sent to the comptroller for deposit to | ||
| the credit of the general revenue fund [ |
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| (d) Fees collected under this section may be appropriated to | ||
| the Office of Court Administration of the Texas Judicial System for | ||
| the support of regulatory programs for process servers, guardians, | ||
| and court reporters. | ||
| Explanation: The changes are necessary to clarify the | ||
| purposes for which certain deposited fees may be appropriated. | ||
| (5) House Rule 13, Section 9(a)(2), is suspended to permit | ||
| the committee to omit text which is not in disagreement, Section | ||
| 8.01 of the senate engrossment of Senate Bill No. 1 and the | ||
| corresponding section of the bill as the bill was amended by the | ||
| house of representatives, relating to petroleum industry | ||
| regulation, that reads: | ||
| SECTION 8.01. Section 26.3574, Water Code, is amended by | ||
| amending Subsection (b) and adding Subsection (b-1) to read as | ||
| follows: | ||
| (b) A fee is imposed on the delivery of a petroleum product | ||
| on withdrawal from bulk of that product as provided by this | ||
| subsection. Each operator of a bulk facility on withdrawal from | ||
| bulk of a petroleum product shall collect from the person who orders | ||
| the withdrawal a fee in an amount determined as follows: | ||
| (1) not more than $3.125 [ |
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| into a cargo tank having a capacity of less than 2,500 gallons [ |
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| (2) not more than $6.25 [ |
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| a cargo tank having a capacity of 2,500 gallons or more but less | ||
| than 5,000 gallons [ |
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| (3) not more than $9.37 [ |
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| into a cargo tank having a capacity of 5,000 gallons or more but | ||
| less than 8,000 gallons [ |
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| (4) not more than $12.50 [ |
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| into a cargo tank having a capacity of 8,000 gallons or more but | ||
| less than 10,000 gallons [ |
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| (5) not more than $6.25 [ |
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| 5,000 gallons or any part thereof delivered into a cargo tank having | ||
| a capacity of 10,000 gallons or more [ |
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| (b-1) The commission by rule shall set the amount of the fee | ||
| in Subsection (b) in an amount not to exceed the amount necessary to | ||
| cover the agency's costs of administering this subchapter, as | ||
| indicated by the amount appropriated by the legislature from the | ||
| petroleum storage tank remediation account for that purpose. | ||
| Explanation: The text is omitted as unnecessary because it | ||
| largely duplicates provisions of Section 4.19, House Bill No. 2694, | ||
| Acts of the 82nd Legislature, Regular Session, 2011, as effective | ||
| September 1, 2011. | ||
| (6) House Rule 13, Section 9(a)(1), is suspended to permit | ||
| the committee to alter text which is not in disagreement in proposed | ||
| Section 15.05 of the bill to read as follows: | ||
| SECTION 15.05. Subsection (d), Section 19.002, Election | ||
| Code, as effective September 1, 2011, is amended to read as follows: | ||
| (d) The secretary of state [ |
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| payment under Subsection (b) [ |
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| year in which the payment [ |
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| substantial compliance with Section 15.083, 16.032, or 18.065 or | ||
| with rules implementing the registration service program. | ||
| Explanation: The change is necessary to conform the bill to | ||
| changes in law made by House Bill No. 2817, Acts of the 82nd | ||
| Legislature, Regular Session, 2011, as effective September 1, 2011. | ||
| (7) House Rule 13, Section 9(a)(2), is suspended to permit | ||
| the committee to omit text which is not in disagreement, text of | ||
| Article 24 of the senate engrossment of Senate Bill No. 1 and the | ||
| corresponding article of the bill as the bill was amended by the | ||
| house of representatives, relating to leasing certain state | ||
| facilities, that reads: | ||
| ARTICLE 24. FISCAL MATTERS REGARDING LEASING CERTAIN STATE | ||
| FACILITIES | ||
| SECTION 24.01. The heading to Section 2165.2035, Government | ||
| Code, is amended to read as follows: | ||
| Sec. 2165.2035. LEASE OF SPACE IN STATE-OWNED PARKING LOTS | ||
| AND GARAGES; USE AFTER HOURS. | ||
| SECTION 24.02. Subchapter E, Chapter 2165, Government Code, | ||
| is amended by adding Sections 2165.204, 2165.2045, and 2165.2046 to | ||
| read as follows: | ||
| Sec. 2165.204. LEASE OF SPACE IN STATE-OWNED PARKING LOTS | ||
| AND GARAGES; EXCESS INDIVIDUAL PARKING SPACES. (a) The commission | ||
| may lease to a private individual an individual parking space in a | ||
| state-owned parking lot or garage located in the city of Austin that | ||
| the commission determines is not needed to accommodate the regular | ||
| parking requirements of state employees who work near the lot or | ||
| garage and visitors to nearby state government offices. | ||
| (b) Money received from a lease under this section shall be | ||
| deposited to the credit of the general revenue fund. | ||
| (c) In leasing a parking space under Subsection (a), the | ||
| commission must ensure that the lease does not restrict uses for | ||
| parking lots and garages developed under Section 2165.2035, | ||
| including special event parking related to institutions of higher | ||
| education. | ||
| (d) In leasing or renewing a lease for a parking space under | ||
| Subsection (a), the commission shall give preference to an | ||
| individual who is currently leasing or previously leased the | ||
| parking space. | ||
| Sec. 2165.2045. LEASE OF SPACE IN STATE-OWNED PARKING LOTS | ||
| AND GARAGES; EXCESS BLOCKS OF PARKING SPACE. (a) The commission | ||
| may lease to an institution of higher education or a local | ||
| government all or a significant block of a state-owned parking lot | ||
| or garage located in the city of Austin that the commission | ||
| determines is not needed to accommodate the regular parking | ||
| requirements of state employees who work near the lot or garage and | ||
| visitors to nearby state government offices. | ||
| (b) Money received from a lease under this section shall be | ||
| deposited to the credit of the general revenue fund. | ||
| (c) In leasing all or a block of a state-owned parking lot or | ||
| garage under Subsection (a), the commission must ensure that the | ||
| lease does not restrict uses for parking lots and garages developed | ||
| under Section 2165.2035, including special event parking related to | ||
| institutions of higher education. | ||
| (d) In leasing or renewing a lease for all or a block of a | ||
| state-owned parking lot or garage under Subsection (a), the | ||
| commission shall give preference to an entity that is currently | ||
| leasing or previously leased the lot or garage or a block of the lot | ||
| or garage. | ||
| Sec. 2165.2046. REPORTS ON PARKING PROGRAMS. On or before | ||
| October 1 of each even-numbered year, the commission shall submit a | ||
| report to the Legislative Budget Board describing the effectiveness | ||
| of parking programs developed by the commission under this | ||
| subchapter. The report must, at a minimum, include: | ||
| (1) the yearly revenue generated by the programs; | ||
| (2) the yearly administrative and enforcement costs of | ||
| each program; | ||
| (3) yearly usage statistics for each program; and | ||
| (4) initiatives and suggestions by the commission to: | ||
| (A) modify administration of the programs; and | ||
| (B) increase revenue generated by the programs. | ||
| Explanation: The text is omitted as unnecessary because it | ||
| largely duplicates or is in conflict with provisions of Senate Bill | ||
| No. 1068, Acts of the 82nd Legislature, Regular Session, 2011, as | ||
| effective June 17, 2011. | ||
| (8) House Rule 13, Section 9(a)(2), is suspended to permit | ||
| the committee to omit text which is not in disagreement, Sections | ||
| 26.02, 26.03, 26.06, and 26.08 of the senate engrossment of Senate | ||
| Bill No. 1 and the corresponding sections of the bill as the bill | ||
| was amended by the house of representatives, relating to the review | ||
| by the attorney general of invoices related to legal services | ||
| provided to state agencies, that reads: | ||
| SECTION 26.02. The heading to Section 402.0212, Government | ||
| Code, is amended to read as follows: | ||
| Sec. 402.0212. PROVISION OF LEGAL SERVICES--OUTSIDE | ||
| COUNSEL; FEES. | ||
| SECTION 26.03. Section 402.0212, Government Code, is | ||
| amended by amending Subsections (b) and (c) and adding Subsections | ||
| (d), (e), and (f) to read as follows: | ||
| (b) An invoice submitted to a state agency under a contract | ||
| for legal services as described by Subsection (a) must be reviewed | ||
| by the attorney general to determine whether the invoice is | ||
| eligible for payment. | ||
| (c) An attorney or law firm must pay an administrative fee | ||
| to the attorney general for the review described in Subsection (b) | ||
| when entering into a contract to provide legal services to a state | ||
| agency. | ||
| (d) For purposes of this section, the functions of a hearing | ||
| examiner, administrative law judge, or other quasi-judicial | ||
| officer are not considered legal services. | ||
| (e) [ |
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| Authority division of the Texas Department of Transportation. | ||
| (f) The attorney general may adopt rules as necessary to | ||
| implement and administer this section. | ||
| SECTION 26.06. The fee prescribed by Section 402.0212, | ||
| Government Code, as amended by this article, applies only to | ||
| invoices for legal services submitted to the office of the attorney | ||
| general for review on or after the effective date of this article. | ||
| SECTION 26.08. The changes in law made by this article apply | ||
| only to a contract for legal services between a state agency and a | ||
| private attorney or law firm entered into on or after the effective | ||
| date of this article. A contract for legal services between a state | ||
| agency and a private attorney or law firm entered into before the | ||
| effective date of this article is governed by the law in effect at | ||
| the time the contract was entered into, and the former law is | ||
| continued in effect for that purpose. | ||
| Explanation: The text is omitted as unnecessary because it | ||
| largely duplicates or is in conflict with provisions of Senate Bill | ||
| No. 367, Acts of the 82nd Legislature, Regular Session, 2011, as | ||
| effective June 17, 2011. | ||
| (9) House Rule 13, Section 9(a)(2), is suspended to permit | ||
| the committee to omit text which is not in disagreement, Sections | ||
| 26.04 and 26.07 of the senate engrossment of Senate Bill No. 1 and | ||
| the corresponding sections of the bill as the bill was amended by | ||
| the house of representatives, relating to the review by the | ||
| attorney general of invoices related to legal services provided to | ||
| state agencies, that reads: | ||
| SECTION 26.04. Section 371.051, Transportation Code, is | ||
| amended to read as follows: | ||
| Sec. 371.051. ATTORNEY GENERAL REVIEW AND EXAMINATION FEE. | ||
| (a) A toll project entity may not enter into a comprehensive | ||
| development agreement unless the attorney general reviews the | ||
| proposed agreement and determines that it is legally sufficient. | ||
| (b) A toll project entity shall pay a nonrefundable | ||
| examination fee to the attorney general on submitting a proposed | ||
| comprehensive development agreement for review. At the time the | ||
| examination fee is paid, the toll project entity shall also submit | ||
| for review a complete transcript of proceedings related to the | ||
| comprehensive development agreement. | ||
| (c) If the toll project entity submits multiple proposed | ||
| comprehensive development agreements relating to the same toll | ||
| project for review, the entity shall pay the examination fee under | ||
| Subsection (b) for each proposed comprehensive development | ||
| agreement. | ||
| (d) The attorney general shall provide a legal sufficiency | ||
| determination not later than the 60th business day after the date | ||
| the examination fee and transcript of the proceedings required | ||
| under Subsection (b) are received. If the attorney general cannot | ||
| provide a legal sufficiency determination within the | ||
| 60-business-day period, the attorney general shall notify the toll | ||
| project entity in writing of the reason for the delay and may extend | ||
| the review period for not more than 30 business days. | ||
| (e) After the attorney general issues a legal sufficiency | ||
| determination, a toll project entity may supplement the transcript | ||
| of proceedings or amend the comprehensive development agreement to | ||
| facilitate a redetermination by the attorney general of the prior | ||
| legal sufficiency determination issued under this section. | ||
| (f) The toll project entity may collect or seek | ||
| reimbursement of the examination fee under Subsection (b) from the | ||
| private participant. | ||
| (g) The attorney general by rule shall set the examination | ||
| fee required under Subsection (b) in a reasonable amount and may | ||
| adopt other rules as necessary to implement this section. The fee | ||
| may not be set in an amount that is determined by a percentage of the | ||
| cost of the toll project. The amount of the fee may not exceed | ||
| reasonable attorney's fees charged for similar legal services in | ||
| the private sector. | ||
| SECTION 26.07. The fee prescribed by Section 371.051, | ||
| Transportation Code, as amended by this article, applies only to a | ||
| comprehensive development agreement submitted to the office of the | ||
| attorney general on or after the effective date of this article. | ||
| Explanation: The text is omitted as unnecessary because it | ||
| largely duplicates or is in conflict with provisions of Senate Bill | ||
| No. 731, Acts of the 82nd Legislature, Regular Session, 2011, as | ||
| effective June 17, 2011. | ||
| (10) House Rule 13, Section 9(a)(4), is suspended to permit | ||
| the committee in proposed Sections 23.01-23.04 of the bill to add | ||
| text on a matter which is not included in either the house or senate | ||
| version of the bill to read as follows: | ||
| SECTION 23.01. Section 572.054, Government Code, is amended | ||
| by adding Subsection (g-1) to read as follows: | ||
| (g-1) For purposes of this section, the Department of | ||
| Information Resources is a regulatory agency. | ||
| SECTION 23.02. Section 2054.005, Government Code, is | ||
| amended to read as follows: | ||
| Sec. 2054.005. SUNSET PROVISION. (a) The Department of | ||
| Information Resources is subject to Chapter 325 (Texas Sunset | ||
| Act). Unless continued in existence as provided by that chapter, | ||
| the department is abolished and this chapter expires September 1, | ||
| 2013 [ |
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| (b) The review of the Department of Information Resources by | ||
| the Sunset Advisory Commission in preparation for the work of the | ||
| 83rd Legislature, Regular Session, is not limited to the | ||
| appropriateness of recommendations made by the commission to the | ||
| 82nd Legislature. In the commission's report to the 83rd | ||
| Legislature, the commission may include any recommendations it | ||
| considers appropriate. | ||
| SECTION 23.03. Subchapter C, Chapter 2054, Government Code, | ||
| is amended by adding Section 2054.064 to read as follows: | ||
| Sec. 2054.064. BOARD APPROVAL OF CONTRACTS. The board by | ||
| rule shall establish approval requirements for all contracts, | ||
| including a monetary threshold above which board approval is | ||
| required before the contract may be executed. | ||
| SECTION 23.04. Subsection (b), Section 2054.376, | ||
| Government Code, is amended to read as follows: | ||
| (b) This subchapter does not apply to: | ||
| (1) the Department of Public Safety's use for criminal | ||
| justice or homeland security purposes of a federal database or | ||
| network; | ||
| (2) a Texas equivalent of a database or network | ||
| described by Subdivision (1) that is managed by the Department of | ||
| Public Safety; | ||
| (3) the uniform statewide accounting system, as that | ||
| term is used in Subchapter C, Chapter 2101; | ||
| (4) the state treasury cash and treasury management | ||
| system; [ |
||
| (5) a database or network managed by the comptroller | ||
| to: | ||
| (A) collect and process multiple types of taxes | ||
| imposed by the state; or | ||
| (B) manage or administer fiscal, financial, | ||
| revenue, and expenditure activities of the state under Chapter 403 | ||
| and Chapter 404; or | ||
| (6) a database or network managed by the Department of | ||
| Agriculture. | ||
| Explanation: The change is necessary to provide for Sunset | ||
| Advisory Commission review of and for functions and activities of | ||
| the Department of Information Resources and to provide for the | ||
| applicability of restrictions on certain activities by former | ||
| employees of the Department of Information Resources. | ||
| (11) House Rule 13, Section 9(a)(4), is suspended to permit | ||
| the committee in proposed Section 23.06 of the bill to add text on a | ||
| matter which is not included in either the house or senate version | ||
| of the bill to read as follows: | ||
| SECTION 23.06. Subsections (b) and (d), Section 2157.068, | ||
| Government Code, are amended to read as follows: | ||
| (b) The department shall negotiate with vendors [ |
||
|
|
||
| commodity items. The department may consider strategic sourcing | ||
| and other methodologies to select the vendor offering the best | ||
| value on [ |
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|
|
||
|
|
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| license agreement between a vendor and the department under this | ||
| section may not be less favorable to the state than the terms of | ||
| similar license agreements between the vendor and retail | ||
| distributors. | ||
| Explanation: The change is necessary to provide authority | ||
| for negotiations for the best value in commodity purchases. | ||
| (12) House Rule 13, Section 9(a)(1), is suspended to permit | ||
| the committee to alter text which is not in disagreement in proposed | ||
| Section 26.01 of the bill to read as follows: | ||
| SECTION 26.01. Subsection (c), Section 434.017, Government | ||
| Code, is amended to read as follows: | ||
| (c) Money in the fund may only be appropriated to the Texas | ||
| Veterans Commission. Money appropriated under this subsection | ||
| shall be used to: | ||
| (1) make grants to address veterans' needs; [ |
||
| (2) administer the fund; and | ||
| (3) analyze and investigate data received from the | ||
| federal Public Assistance Reporting Information System (PARIS) | ||
| that is administered by the Administration for Children and | ||
| Families of the United States Department of Health and Human | ||
| Services. | ||
| Explanation: The change is necessary to conform the text to | ||
| the change in law made by Senate Bill No. 1739, Acts of the 82nd | ||
| Legislature, Regular Session, 2011, as effective June 17, 2011. | ||
| (13) House Rule 13, Section 9(a)(4), is suspended to permit | ||
| the committee in proposed Section 34.06 of the bill to add text on a | ||
| matter which is not included in either the house or senate version | ||
| of the bill to read as follows: | ||
| SECTION 34.06. It is the intent of the legislature that the | ||
| Legislative Budget Board place information on its Internet website | ||
| that provides additional program detail for items of appropriation | ||
| in the General Appropriations Act. The Legislative Budget Board | ||
| shall include as additional program detail the specific programs | ||
| funded, the source of that funding, and the related statutory | ||
| authorization. | ||
| Explanation: The change is necessary to provide for greater | ||
| access to information regarding the state budget. | ||
| (14) House Rule 13, Section 9(a)(3), is suspended to permit | ||
| the committee to add text on a matter which is not in disagreement | ||
| in proposed Section 35.02 of the bill by adding Section 314.002(d), | ||
| Labor Code, to read as follows: | ||
| (d) The commission, for the purposes of this section, may | ||
| use: | ||
| (1) money appropriated to the commission; and | ||
| (2) money that is transferred to the commission from | ||
| trusteed programs within the office of the governor, including: | ||
| (A) appropriated money from the Texas Enterprise | ||
| Fund; | ||
| (B) available federal funds; and | ||
| (C) money from other appropriate, statutorily | ||
| authorized funding sources. | ||
| Explanation: The change is necessary to clarify funding | ||
| matters for purposes of the Texas Back to Work Program. | ||
| (15) House Rule 13, Section 9(a)(4), is suspended to permit | ||
| the committee in proposed Section 41.01 of the bill to add text on a | ||
| matter which is not included in either the house or the senate | ||
| version of the bill by adding amended Subsections (b), (c), and (e), | ||
| Article 103.0033, Code of Criminal Procedure, to read as follows: | ||
| (b) This article applies only to: | ||
| (1) a [ |
||
| greater; [ |
||
| (2) a [ |
||
| 100,000 or greater. | ||
| (c) Unless granted a waiver under Subsection (h), each | ||
| county and municipality shall develop and implement a program that | ||
| complies with the prioritized implementation schedule under | ||
| Subsection (h). [ |
||
|
|
||
|
|
||
| and justice courts. | ||
| (e) Not later than June 1 of each year, the office shall | ||
| identify those counties and municipalities that: | ||
| (1) have not implemented a program; and | ||
| (2) are able [ |
||
| April 1 of the following year. | ||
| Explanation: The change is necessary to change the | ||
| population of counties to which the Office of Court | ||
| Administration's collection improvement program applies. | ||
| (16) House Rule 13, Section 9(a)(1), is suspended to permit | ||
| the committee to alter text which is not in disagreement in proposed | ||
| Section 43.03 of the bill, added Section 2306.2585(c), Government | ||
| Code, to read as follows: | ||
| (c) The department may use any available revenue, including | ||
| legislative appropriations, appropriation transfers from the | ||
| trusteed programs within the office of the governor, including | ||
| authorized appropriations from the Texas Enterprise Fund, | ||
| available federal funds, and any other statutorily authorized and | ||
| appropriate funding sources transferred from the trusteed programs | ||
| within the office of the governor, for the purposes of this section. | ||
| The department shall solicit and accept gifts and grants for the | ||
| purposes of this section. The department shall use gifts and grants | ||
| received for the purposes of this section before using any other | ||
| revenue. | ||
| Explanation: The change is necessary to clarify the funding | ||
| sources available for purposes of the homeless housing and services | ||
| program. | ||
| (17) House Rule 13, Section 9(a)(2), is suspended to permit | ||
| the committee to omit text which is not in disagreement, Article 57 | ||
| of the senate engrossment of Senate Bill No. 1 and the corresponding | ||
| article of the bill as the bill was amended by the house of | ||
| representatives, relating to the place of business of a retailer | ||
| for sales tax purposes, that reads: | ||
| ARTICLE 57. PLACE OF BUSINESS OF A RETAILER FOR SALES TAX PURPOSES | ||
| SECTION 57.01. Subdivision (3), Subsection (a), Section | ||
| 321.002, Tax Code, is amended to read as follows: | ||
| (3) "Place of business of the retailer" means an | ||
| established outlet, office, or location operated by the retailer or | ||
| the retailer's agent or employee for the purpose of receiving | ||
| orders for taxable items and includes any location at which three or | ||
| more orders are received by the retailer during a calendar year. A | ||
| warehouse, storage yard, or manufacturing plant is not a "place of | ||
| business of the retailer" unless at least three orders are received | ||
| by the retailer during the calendar year at the warehouse, storage | ||
| yard, or manufacturing plant. An outlet, office, facility, or any | ||
| location that contracts with a retail or commercial business | ||
| [ |
||
| for that business invoices, purchase orders, [ |
||
| or other equivalent records onto which sales tax is added, | ||
| including an office operated for the purpose of buying and selling | ||
| taxable goods to be used or consumed by the retail or commercial | ||
| business, is not a "place of business of the retailer" if the | ||
| comptroller determines that the outlet, office, facility, or | ||
| location functions or exists to avoid the tax imposed by this | ||
| chapter or to rebate a portion of the tax imposed by this chapter to | ||
| the contracting business. Notwithstanding any other provision of | ||
| this subdivision, a kiosk is not a "place of business of the | ||
| retailer." In this subdivision, "kiosk" means a small stand-alone | ||
| area or structure that: | ||
| (A) is used solely to display merchandise or to | ||
| submit orders for taxable items from a data entry device, or both; | ||
| (B) is located entirely within a location that is | ||
| a place of business of another retailer, such as a department store | ||
| or shopping mall; and | ||
| (C) at which taxable items are not available for | ||
| immediate delivery to a customer. | ||
| SECTION 57.02. (a) Except as provided by Subsection (b) of | ||
| this section, this article takes effect October 1, 2011. | ||
| (b) If H.B. No. 590, Acts of the 82nd Legislature, Regular | ||
| Session, 2011, becomes law, this article has no effect. | ||
| Explanation: The text is omitted as unnecessary because it | ||
| largely duplicates Section 1, House Bill No. 590, Acts of the 82nd | ||
| Legislature, Regular Session, 2011, as effective September 1, 2011. | ||
| (18) House Rule 13, Section 9(a)(2), is suspended to permit | ||
| the committee to omit text which is not in disagreement, Article 58 | ||
| of the senate engrossment of Senate Bill No. 1 and the corresponding | ||
| article of the bill as the bill was amended by the house of | ||
| representatives, relating to farm and ranch lands conservation, | ||
| that reads: | ||
| ARTICLE 58. TEXAS FARM AND RANCH LANDS CONSERVATION PROGRAM | ||
| SECTION 58.01. Subsection (b), Section 183.059, Natural | ||
| Resources Code, is amended to read as follows: | ||
| (b) To receive a grant from the fund under this subchapter, | ||
| an applicant who is qualified to be an easement holder under this | ||
| subchapter must submit an application to the council. The | ||
| application must: | ||
| (1) set out the parties' clear conservation goals | ||
| consistent with the program; | ||
| (2) include a site-specific estimate-of-value | ||
| appraisal by a licensed appraiser qualified to determine the market | ||
| value of the easement; and | ||
| (3) [ |
||
|
|
||
|
|
||
|
|
||
|
|
||
| [ |
||
| the landowner and the applicant indicating intent to sell an | ||
| agricultural conservation easement and containing the terms of the | ||
| contract for the sale of the easement. | ||
| SECTION 58.02. If S.B. No. 1044, Acts of the 82nd | ||
| Legislature, Regular Session, 2011, becomes law, this article has | ||
| no effect. | ||
| Explanation: The text is omitted as unnecessary because it | ||
| largely duplicates provisions of Section 3, Senate Bill No. 1044, | ||
| Acts of the 82nd Legislature, Regular Session, 2011, as effective | ||
| June 17, 2011. | ||
| (19) House Rule 13, Section 9(a)(2), is suspended to permit | ||
| the committee to omit text which is not in disagreement, Section | ||
| 60.02 of the senate engrossment of Senate Bill No. 1 and the | ||
| corresponding section of the bill as the bill was amended by the | ||
| house of representatives, that reads: | ||
| SECTION 60.02. Subsection (a), Section 811.012, Government | ||
| Code, as effective September 1, 2011, is amended to read as follows: | ||
| (a) Not later than June 1 of every fifth [ |
||
| retirement system shall provide to the comptroller, for the purpose | ||
| of assisting the comptroller in the identification of persons | ||
| entitled to unclaimed property reported to the comptroller, the | ||
| name, address, social security number, and date of birth of each | ||
| member, retiree, and beneficiary from the retirement system's | ||
| records. | ||
| Explanation: The text is omitted as unnecessary because it | ||
| duplicates the substance of Section 4, Senate Bill No. 1664, Acts of | ||
| the 82nd Legislature, Regular Session, 2011, as effective September | ||
| 1, 2011. | ||
| (20) House Rule 13, Section 9(a)(4), is suspended to permit | ||
| the committee in proposed Section 61.02 of the bill to add text on a | ||
| matter which is not included in either the house or senate version | ||
| of the bill to read as follows: | ||
| SECTION 61.02. Subchapter A, Chapter 30A, Education Code, | ||
| is amended by adding Section 30A.007 to read as follows: | ||
| Sec. 30A.007. LOCAL POLICY ON ELECTRONIC COURSES. (a) A | ||
| school district or open-enrollment charter school shall adopt a | ||
| policy that provides district or school students with the | ||
| opportunity to enroll in electronic courses provided through the | ||
| state virtual school network. The policy must be consistent with | ||
| the requirements imposed by Section 26.0031. | ||
| (b) For purposes of a policy adopted under Subsection (a), | ||
| the determination of whether or not an electronic course will meet | ||
| the needs of a student with a disability shall be made by the | ||
| student's admission, review, and dismissal committee in a manner | ||
| consistent with state and federal law, including the Individuals | ||
| with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) | ||
| and Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section | ||
| 794). | ||
| Explanation: The change is necessary to provide for | ||
| consistent policies for student enrollment through the state | ||
| virtual school network. | ||
| (21) House Rule 13, Section 9(a)(4), is suspended to permit | ||
| the committee in proposed Section 61.03 of the bill to add text on a | ||
| matter which is not included in either the house or senate version | ||
| of the bill to read as follows: | ||
| SECTION 61.03. Subchapter C, Chapter 30A, Education Code, | ||
| is amended by adding Section 30A.1021 to read as follows: | ||
| Sec. 30A.1021. PUBLIC ACCESS TO USER COMMENTS REGARDING | ||
| ELECTRONIC COURSES. (a) The administering authority shall | ||
| provide students who have completed or withdrawn from electronic | ||
| courses offered through the virtual school network and their | ||
| parents with a mechanism for providing comments regarding the | ||
| courses. | ||
| (b) The mechanism required by Subsection (a) must include a | ||
| quantitative rating system and a list of verbal descriptors that a | ||
| student or parent may select as appropriate. | ||
| (c) The administering authority shall provide public access | ||
| to the comments submitted by students and parents under this | ||
| section. The comments must be in a format that permits a person to | ||
| sort the comments by teacher, electronic course, and provider | ||
| school district or school. | ||
| Explanation: The change is necessary to gather and | ||
| disseminate information on students' and parents' experiences with | ||
| the state virtual school network. | ||
| (22) House Rule 13, Section 9(a)(4), is suspended to permit | ||
| the committee in proposed Section 61.04 of the bill to add text on a | ||
| matter which is not included in either the house or senate version | ||
| of the bill to read as follows: | ||
| SECTION 61.04. Section 30A.104, Education Code, is amended | ||
| to read as follows: | ||
| Sec. 30A.104. COURSE ELIGIBILITY IN GENERAL. (a) A course | ||
| offered through the state virtual school network must: | ||
| (1) be in a specific subject that is part of the | ||
| required curriculum under Section 28.002(a); | ||
| (2) be aligned with the essential knowledge and skills | ||
| identified under Section 28.002(c) for a grade level at or above | ||
| grade level three; and | ||
| (3) be the equivalent in instructional rigor and scope | ||
| to a course that is provided in a traditional classroom setting | ||
| during: | ||
| (A) a semester of 90 instructional days; and | ||
| (B) a school day that meets the minimum length of | ||
| a school day required under Section 25.082. | ||
| (b) If the essential knowledge and skills with which an | ||
| approved course is aligned in accordance with Subsection (a)(2) are | ||
| modified, the provider school district or school must be provided | ||
| the same time period to revise the course to achieve alignment with | ||
| the modified essential knowledge and skills as is provided for the | ||
| modification of a course provided in a traditional classroom | ||
| setting. | ||
| Explanation: The change is necessary for the administration | ||
| of changes in essential knowledge and skills applicable to an | ||
| approved state virtual school network course. | ||
| (23) House Rule 13, Section 9(a)(4), is suspended to permit | ||
| the committee in proposed Sections 61.07, 61.08, and 61.09 of the | ||
| bill to add text on a matter which is not included in either the | ||
| house or senate version of the bill to read as follows: | ||
| SECTION 61.07. Subchapter D, Chapter 30A, Education Code, | ||
| is amended by adding Section 30A.153 to read as follows: | ||
| Sec. 30A.153. FOUNDATION SCHOOL PROGRAM FUNDING. (a) A | ||
| school district or open-enrollment charter school in which a | ||
| student is enrolled is entitled to funding under Chapter 42 for the | ||
| student's enrollment in an electronic course offered through the | ||
| state virtual school network in the same manner that the district or | ||
| school is entitled to funding for the student's enrollment in | ||
| courses provided in a traditional classroom setting, provided that | ||
| the student successfully completes the electronic course. | ||
| (b) The commissioner, after considering comments from | ||
| school district and open-enrollment charter school | ||
| representatives, shall adopt a standard agreement that governs | ||
| payment of funds and other matters relating to a student's | ||
| enrollment in an electronic course offered through the state | ||
| virtual school network. The agreement may not require a school | ||
| district or open-enrollment charter school to pay the provider the | ||
| full amount until the student has successfully completed the | ||
| electronic course. | ||
| (c) A school district or open-enrollment charter school | ||
| shall use the standard agreement adopted under Subsection (b) | ||
| unless: | ||
| (1) the district or school requests from the | ||
| commissioner permission to modify the standard agreement; and | ||
| (2) the commissioner authorizes the modification. | ||
| (d) The commissioner shall adopt rules necessary to | ||
| implement this section, including rules regarding attendance | ||
| accounting. | ||
| SECTION 61.08. Subsection (a), Section 42.302, Education | ||
| Code, is amended to read as follows: | ||
| (a) Each school district is guaranteed a specified amount | ||
| per weighted student in state and local funds for each cent of tax | ||
| effort over that required for the district's local fund assignment | ||
| up to the maximum level specified in this subchapter. The amount | ||
| of state support, subject only to the maximum amount under Section | ||
| 42.303, is determined by the formula: | ||
| GYA = (GL X WADA X DTR X 100) - LR | ||
| where: | ||
| "GYA" is the guaranteed yield amount of state funds to be | ||
| allocated to the district; | ||
| "GL" is the dollar amount guaranteed level of state and local | ||
| funds per weighted student per cent of tax effort, which is an | ||
| amount described by Subsection (a-1) or a greater amount for any | ||
| year provided by appropriation; | ||
| "WADA" is the number of students in weighted average daily | ||
| attendance, which is calculated by dividing the sum of the school | ||
| district's allotments under Subchapters B and C, less any allotment | ||
| to the district for transportation, any allotment under Section | ||
| 42.158[ |
||
| Section 42.102, by the basic allotment for the applicable year; | ||
| "DTR" is the district enrichment tax rate of the school | ||
| district, which is determined by subtracting the amounts specified | ||
| by Subsection (b) from the total amount of maintenance and | ||
| operations taxes collected by the school district for the | ||
| applicable school year and dividing the difference by the quotient | ||
| of the district's taxable value of property as determined under | ||
| Subchapter M, Chapter 403, Government Code, or, if applicable, | ||
| under Section 42.2521, divided by 100; and | ||
| "LR" is the local revenue, which is determined by multiplying | ||
| "DTR" by the quotient of the district's taxable value of property as | ||
| determined under Subchapter M, Chapter 403, Government Code, or, if | ||
| applicable, under Section 42.2521, divided by 100. | ||
| SECTION 61.09. Section 42.159, Education Code, is repealed. | ||
| Explanation: The changes are necessary to clarify issues | ||
| regarding funding for students enrolled in electronic courses | ||
| offered through the state virtual school network. | ||
| (24) House Rule 13, Section 9(a)(4), is suspended to permit | ||
| the committee in proposed Article 66A of the bill to add text on a | ||
| matter which is not included in either the house or senate version | ||
| of the bill to read as follows: | ||
| ARTICLE 66A. GUARDIANSHIP MATTERS AND PROCEEDINGS: AMENDMENTS TO | ||
| ESTATES CODE | ||
| SECTION 66A.01. Subpart B, Part 2, Subtitle Y, Title 3, | ||
| Estates Code, as effective January 1, 2014, is amended by adding | ||
| Section 619 to read as follows: | ||
| Sec. 619. REVIEW OF TRANSFERRED GUARDIANSHIP. Not later | ||
| than the 90th day after the date the transfer of the guardianship | ||
| takes effect under Section 616, the court to which the guardianship | ||
| was transferred shall hold a hearing to consider modifying the | ||
| rights, duties, and powers of the guardian or any other provisions | ||
| of the transferred guardianship. | ||
| SECTION 66A.02. Section 1253.051, Estates Code, as | ||
| effective January 1, 2014, is amended to read as follows: | ||
| Sec. 1253.051. APPLICATION FOR RECEIPT AND ACCEPTANCE OF | ||
| FOREIGN GUARDIANSHIP. A guardian appointed by a foreign court to | ||
| represent an incapacitated person who is residing in this state or | ||
| intends to move to this state may file an application with a court | ||
| in which the ward resides or intends to reside to have the | ||
| guardianship transferred to the court. The application must have | ||
| attached a certified copy of all papers of the guardianship filed | ||
| and recorded in the foreign court. | ||
| SECTION 66A.03. Section 1253.053, Estates Code, as | ||
| effective January 1, 2014, is amended by amending Subsection (a) | ||
| and adding Subsection (f) to read as follows: | ||
| (a) The [ |
||
|
|
||
| (1) consider an application for receipt and acceptance | ||
| of a foreign guardianship under this subchapter; and | ||
| (2) consider modifying the administrative procedures | ||
| or requirements of the proposed transferred guardianship in | ||
| accordance with local and state law. | ||
| (f) At the time of granting an application for receipt and | ||
| acceptance of a foreign guardianship, the court may also modify the | ||
| administrative procedures or requirements of the transferred | ||
| guardianship in accordance with local and state law. | ||
| SECTION 66A.04. Subsection (b), Section 1253.102, Estates | ||
| Code, as effective January 1, 2014, is amended to read as follows: | ||
| (b) In making a determination under Subsection (a), the | ||
| court may consider: | ||
| (1) the interests of justice; | ||
| (2) the best interests of the ward or proposed ward; | ||
| [ |
||
| (3) the convenience of the parties; and | ||
| (4) the preference of the ward or proposed ward, if the | ||
| ward or proposed ward is 12 years of age or older. | ||
| SECTION 66A.05. Chapter 1253, Estates Code, as effective | ||
| January 1, 2014, is amended by adding Subchapter D to read as | ||
| follows: | ||
| SUBCHAPTER D. DETERMINATION OF MOST APPROPRIATE FORUM FOR CERTAIN | ||
| GUARDIANSHIP PROCEEDINGS | ||
| Sec. 1253.151. DETERMINATION OF ACQUISITION OF | ||
| JURISDICTION IN THIS STATE DUE TO UNJUSTIFIABLE CONDUCT. If at any | ||
| time a court of this state determines that it acquired jurisdiction | ||
| of a proceeding for the appointment of a guardian of the person or | ||
| estate, or both, of a ward or proposed ward because of unjustifiable | ||
| conduct, the court may: | ||
| (1) decline to exercise jurisdiction; | ||
| (2) exercise jurisdiction for the limited purpose of | ||
| fashioning an appropriate remedy to ensure the health, safety, and | ||
| welfare of the ward or proposed ward or the protection of the ward's | ||
| or proposed ward's property or prevent a repetition of the | ||
| unjustifiable conduct, including staying the proceeding until a | ||
| petition for the appointment of a guardian or issuance of a | ||
| protective order is filed in a court of another state having | ||
| jurisdiction; or | ||
| (3) continue to exercise jurisdiction after | ||
| considering: | ||
| (A) the extent to which the ward or proposed ward | ||
| and all persons required to be notified of the proceedings have | ||
| acquiesced in the exercise of the court's jurisdiction; | ||
| (B) whether the court of this state is a more | ||
| appropriate forum than the court of any other state after | ||
| considering the factors described by Section 1253.102(b); and | ||
| (C) whether the court of any other state would | ||
| have jurisdiction under the factual circumstances of the matter. | ||
| Sec. 1253.152. ASSESSMENT OF EXPENSES AGAINST PARTY. (a) | ||
| If a court of this state determines that it acquired jurisdiction of | ||
| a proceeding for the appointment of a guardian of the person or | ||
| estate, or both, of a ward or proposed ward because a party seeking | ||
| to invoke the court's jurisdiction engaged in unjustifiable | ||
| conduct, the court may assess against that party necessary and | ||
| reasonable expenses, including attorney's fees, investigative | ||
| fees, court costs, communication expenses, witness fees and | ||
| expenses, and travel expenses. | ||
| (b) The court may not assess fees, costs, or expenses of any | ||
| kind against this state or a governmental subdivision, agency, or | ||
| instrumentality of this state unless authorized by other law. | ||
| SECTION 66A.06. The following are repealed: | ||
| (1) Section 1253.054, Estates Code, as effective | ||
| January 1, 2014; | ||
| (2) the changes in law made by Sections 66.05 and 66.06 | ||
| of this Act to Sections 892 and 894, Texas Probate Code; and | ||
| (3) Section 895, Texas Probate Code, as added by | ||
| Section 66.07 of this Act. | ||
| SECTION 66A.07. This article takes effect January 1, 2014. | ||
| Explanation: The change is necessary to conform the | ||
| provisions of the Estates Code, as effective January 1, 2014, to the | ||
| changes in law to be made by proposed Article 66 of the bill to the | ||
| Texas Probate Code. | ||
| (25) House Rule 13, Section 9(a)(4), is suspended to permit | ||
| the committee in proposed Article 71 of the bill to add text on a | ||
| matter which is not included in either the house or senate version | ||
| of the bill to read as follows: | ||
| ARTICLE 71. CHRONIC HEALTH CONDITIONS SERVICES MEDICAID WAIVER | ||
| PROGRAM | ||
| SECTION 71.01. Subchapter B, Chapter 531, Government Code, | ||
| is amended by adding Section 531.0226 to read as follows: | ||
| Sec. 531.0226. CHRONIC HEALTH CONDITIONS SERVICES MEDICAID | ||
| WAIVER PROGRAM. (a) If feasible and cost-effective, the commission | ||
| may apply for a waiver from the federal Centers for Medicare and | ||
| Medicaid Services or another appropriate federal agency to more | ||
| efficiently leverage the use of state and local funds in order to | ||
| maximize the receipt of federal Medicaid matching funds by | ||
| providing benefits under the Medicaid program to individuals who: | ||
| (1) meet established income and other eligibility | ||
| criteria; and | ||
| (2) are eligible to receive services through the | ||
| county for chronic health conditions. | ||
| (b) In establishing the waiver program under this section, | ||
| the commission shall: | ||
| (1) ensure that the state is a prudent purchaser of the | ||
| health care services that are needed for the individuals described | ||
| by Subsection (a); | ||
| (2) solicit broad-based input from interested | ||
| persons; | ||
| (3) ensure that the benefits received by an individual | ||
| through the county are not reduced once the individual is enrolled | ||
| in the waiver program; and | ||
| (4) employ the use of intergovernmental transfers and | ||
| other procedures to maximize the receipt of federal Medicaid | ||
| matching funds. | ||
| Explanation: The change is necessary to provide for prudent | ||
| purchasing of services for chronic health conditions and to | ||
| maximize receipt of federal Medicaid matching funds. | ||
| (26) House Rule 13, Section 9(a)(4), is suspended to permit | ||
| the committee in proposed Article 74 of the bill to add text on a | ||
| matter which is not included in either the house or the senate | ||
| version of the bill to read as follows: | ||
| ARTICLE 74. OPERATION AND ADMINISTRATION OF THE TEXAS DEPARTMENT | ||
| OF HOUSING AND COMMUNITY AFFAIRS | ||
| SECTION 74.01. Section 2306.022, Government Code, is | ||
| amended to read as follows: | ||
| Sec. 2306.022. APPLICATION OF SUNSET ACT. The Texas | ||
| Department of Housing and Community Affairs is subject to Chapter | ||
| 325 (Texas Sunset Act). Unless continued in existence as provided | ||
| by that chapter, the department is abolished and this chapter | ||
| expires September 1, 2013 [ |
||
| SECTION 74.02. Subsections (d-1) and (d-2), Section | ||
| 2306.111, Government Code, are amended to read as follows: | ||
| (d-1) In allocating low income housing tax credit | ||
| commitments under Subchapter DD, the department shall, before | ||
| applying the regional allocation formula prescribed by Section | ||
| 2306.1115, set aside for at-risk developments, as defined by | ||
| Section 2306.6702, not less than the minimum amount of housing tax | ||
| credits required under Section 2306.6714. Funds or credits are not | ||
| required to be allocated according to the regional allocation | ||
| formula under Subsection (d) if: | ||
| (1) the funds or credits are reserved for | ||
| contract-for-deed conversions or for set-asides mandated by state | ||
| or federal law and each contract-for-deed allocation or set-aside | ||
| allocation equals not more than 10 percent of the total allocation | ||
| of funds or credits for the applicable program; | ||
| (2) the funds or credits are allocated by the | ||
| department primarily to serve persons with disabilities; or | ||
| (3) the funds are housing trust funds administered by | ||
| the department under Sections 2306.201-2306.206 that are not | ||
| otherwise required to be set aside under state or federal law and do | ||
| not exceed $3 million for each programmed activity during each | ||
| application cycle. | ||
| (d-2) In allocating low income housing tax credit | ||
| commitments under Subchapter DD, the department shall allocate five | ||
| percent of the housing tax credits in each application cycle to | ||
| developments that receive federal financial assistance through the | ||
| Texas Rural Development Office of the United States Department of | ||
| Agriculture. Any funds allocated to developments under this | ||
| subsection that involve rehabilitation must come from the funds set | ||
| aside for at-risk developments under Section 2306.6714 and any | ||
| additional funds set aside for those developments under Subsection | ||
| (d-1). This subsection does not apply to a development financed | ||
| wholly or partly under Section 538 of the Housing Act of 1949 (42 | ||
| U.S.C. Section 1490p-2) unless the development involves the | ||
| rehabilitation of an existing property that has received and will | ||
| continue to receive as part of the financing of the development | ||
| federal financial assistance provided under Section 515 of the | ||
| Housing Act of 1949 (42 U.S.C. Section 1485). | ||
| SECTION 74.03. Section 2306.67022, Government Code, is | ||
| amended to read as follows: | ||
| Sec. 2306.67022. QUALIFIED ALLOCATION PLAN; MANUAL. At | ||
| least biennially, the [ |
||
| qualified allocation plan and a corresponding manual to provide | ||
| information regarding the administration of and eligibility for the | ||
| low income housing tax credit program. The board may adopt the plan | ||
| and manual annually, as considered appropriate by the board. | ||
| SECTION 74.04. Subsections (b) and (f), Section 2306.6711, | ||
| Government Code, are amended to read as follows: | ||
| (b) Not later than the deadline specified in the qualified | ||
| allocation plan, the board shall issue commitments for available | ||
| housing tax credits based on the application evaluation process | ||
| provided by Section 2306.6710. The board may not allocate to an | ||
| applicant housing tax credits in any unnecessary amount, as | ||
| determined by the department's underwriting policy and by federal | ||
| law, and in any event may not allocate to the applicant housing tax | ||
| credits in an amount greater than $3 [ |
||
| application round or to an individual development more than $2 | ||
| million in a single application round. | ||
| (f) The board may allocate housing tax credits to more than | ||
| one development in a single community, as defined by department | ||
| rule, in the same calendar year only if the developments are or will | ||
| be located more than two [ |
||
| subsection applies only to communities contained within counties | ||
| with populations exceeding one million. | ||
| SECTION 74.05. Subsections (a), (b), and (c), Section | ||
| 2306.6724, Government Code, are amended to read as follows: | ||
| (a) Regardless of whether the board will adopt the plan | ||
| annually or biennially [ |
||
| the department, not later than September 30 of the year preceding | ||
| the year in which the new plan is proposed for use, shall prepare | ||
| and submit to the board for adoption any proposed [ |
||
| allocation plan required by federal law for use by the department in | ||
| setting criteria and priorities for the allocation of tax credits | ||
| under the low income housing tax credit program. | ||
| (b) Regardless of whether the board has adopted the plan | ||
| annually or biennially, the [ |
||
| the governor any proposed [ |
||
| than November 15 of the year preceding the year in which the new | ||
| plan is proposed for use. | ||
| [ |
||
| approve the proposed qualified allocation plan not later than | ||
| December 1. | ||
| SECTION 74.06. Section 1201.104, Occupations Code, is | ||
| amended by amending Subsections (a), (g), and (h) and adding | ||
| Subsections (a-1), (a-2), (a-3), and (a-4) to read as follows: | ||
| (a) Except as provided by Subsection (g) [ |
||
| requirement for a manufacturer's, retailer's, broker's, | ||
| installer's, salvage rebuilder's, or salesperson's license, a | ||
| person who was not licensed or registered with the department or a | ||
| predecessor agency on September 1, 1987, must, not more than 12 | ||
| months before applying for the person's first license under this | ||
| chapter, attend and successfully complete eight [ |
||
| instruction in the law, including instruction in consumer | ||
| protection regulations. | ||
| (a-1) If the applicant is not an individual, the applicant | ||
| must have at least one related person who satisfies the | ||
| requirements of Subsection (a) [ |
||
| applicant is applying for a retailer's license, the related person | ||
| must be a management official who satisfies the requirements of | ||
| Subsections (a) and (a-2) at each retail location operated by the | ||
| applicant. | ||
| (a-2) An applicant for a retailer's license must complete | ||
| four hours of specialized instruction relevant to the sale, | ||
| exchange, and lease-purchase of manufactured homes. The | ||
| instruction under this subsection is in addition to the instruction | ||
| required under Subsection (a). | ||
| (a-3) An applicant for an installer's license must complete | ||
| four hours of specialized instruction relevant to the installation | ||
| of manufactured homes. The instruction under this subsection is in | ||
| addition to the instruction required under Subsection (a). | ||
| (a-4) An applicant for a joint installer-retailer license | ||
| must comply with Subsections (a-2) and (a-3), for a total of eight | ||
| hours of specialized instruction. The instruction under this | ||
| subsection is in addition to the instruction required under | ||
| Subsection (a). | ||
| (g) Subsections [ |
||
| do [ |
||
| (1) for a license for an additional business location; | ||
| or | ||
| (2) to renew or reinstate a license. | ||
| (h) An examination must be a requirement of successful | ||
| completion of any initial required course of instruction under this | ||
| section. The period needed to complete an examination under this | ||
| subsection may not be used to satisfy the minimum education | ||
| requirements under Subsection (a), (a-2), (a-3), or (a-4). | ||
| SECTION 74.07. Section 1201.303, Occupations Code, is | ||
| amended by amending Subsection (b) and adding Subsections (c), (d), | ||
| (e), (f), and (g) to read as follows: | ||
| (b) The department shall establish an installation | ||
| inspection program in which at least 75 [ |
||
| manufactured homes are inspected on a sample basis for compliance | ||
| with the standards and rules adopted and orders issued by the | ||
| director. The program must place priority on inspecting | ||
| multisection homes and homes installed in Wind Zone II counties. | ||
| (c) On or after January 1, 2015, the director by rule shall | ||
| establish a third-party installation inspection program to | ||
| supplement the inspections of the department if the department is | ||
| not able to inspect at least 75 percent of manufactured homes | ||
| installed in each of the calendar years 2012, 2013, and 2014. | ||
| (d) The third-party installation inspection program | ||
| established under Subsection (c) must: | ||
| (1) establish qualifications for third-party | ||
| inspectors to participate in the program; | ||
| (2) require third-party inspectors to register with | ||
| the department before participating in the program; | ||
| (3) establish a biennial registration and renewal | ||
| process for third-party inspectors; | ||
| (4) require the list of registered third-party | ||
| inspectors to be posted on the department's Internet website; | ||
| (5) establish clear processes governing inspection | ||
| fees and payment to third-party inspectors; | ||
| (6) establish the maximum inspection fee that may be | ||
| charged to a consumer; | ||
| (7) require a third-party inspection to occur not | ||
| later than the 14th day after the date of installation of the | ||
| manufactured home; | ||
| (8) establish a process for a retailer or broker to | ||
| contract, as part of the sale of a new or used manufactured home, | ||
| with an independent third-party inspector to inspect the | ||
| installation of the home; | ||
| (9) establish a process for an installer to schedule | ||
| an inspection for each consumer-to-consumer sale where a home is | ||
| reinstalled; | ||
| (10) if a violation is noted in an inspection, require | ||
| the installer to: | ||
| (A) remedy the violations noted; | ||
| (B) have the home reinspected at the installer's | ||
| expense; and | ||
| (C) certify to the department that all violations | ||
| have been corrected; | ||
| (11) require an inspector to report inspection results | ||
| to the retailer, installer, and the department; | ||
| (12) require all persons receiving inspection results | ||
| under Subdivision (11) to maintain a record of the results at least | ||
| until the end of the installation warranty period; | ||
| (13) authorize the department to charge a filing fee | ||
| and an inspection fee for third-party inspections; | ||
| (14) authorize the department to continue to conduct | ||
| no-charge complaint inspections under Section 1201.355 on request, | ||
| but only after an initial installation inspection is completed; | ||
| (15) establish procedures to revoke the registration | ||
| of inspectors who fail to comply with rules adopted under this | ||
| section; and | ||
| (16) require the department to notify the relevant | ||
| state agency if the department revokes an inspector registration | ||
| based on a violation that is relevant to a license issued to the | ||
| applicable person by another state agency. | ||
| (e) Not later than January 1, 2015, the department shall | ||
| submit to the Legislative Budget Board, the Governor's Office of | ||
| Budget, Planning, and Policy, and the standing committee of each | ||
| house of the legislature having primary jurisdiction over housing a | ||
| report concerning whether the department inspected at least 75 | ||
| percent of manufactured homes installed in each of the calendar | ||
| years 2012, 2013, and 2014. | ||
| (f) Not later than December 1, 2015, the director shall | ||
| adopt rules as necessary to implement Subsections (c) and (d) if the | ||
| department did not inspect at least 75 percent of manufactured | ||
| homes installed in each of the calendar years 2012, 2013, and 2014. | ||
| Not later than January 1, 2016, the department shall begin | ||
| registering third-party inspectors under Subsections (c) and (d) if | ||
| the department inspections did not occur as described by this | ||
| subsection. | ||
| (g) If the department is not required to establish a | ||
| third-party installation inspection program as provided by | ||
| Subsection (c), Subsections (c), (d), (e), and (f) and this | ||
| subsection expire September 1, 2016. | ||
| SECTION 74.08. The changes in law made by this article to | ||
| Section 2306.6711, Government Code, apply only to an application | ||
| for low income housing tax credits that is submitted to the Texas | ||
| Department of Housing and Community Affairs during an application | ||
| cycle that begins on or after the effective date of this Act. An | ||
| application that is submitted during an application cycle that | ||
| began before the effective date of this Act is governed by the law | ||
| in effect at the time the application cycle began, and the former | ||
| law is continued in effect for that purpose. | ||
| SECTION 74.09. The change in law made by this article in | ||
| amending Section 1201.104, Occupations Code, applies only to an | ||
| application for a license filed with the executive director of the | ||
| manufactured housing division of the Texas Department of Housing | ||
| and Community Affairs on or after the effective date of this | ||
| article. An application for a license filed before that date is | ||
| governed by the law in effect on the date the application was filed, | ||
| and the former law is continued in effect for that purpose. | ||
| Explanation: The changes are necessary to provide for the | ||
| administration and Sunset Advisory Commission review of the Texas | ||
| Department of Housing and Community Affairs, including the | ||
| department's activities related to certain housing tax credits and | ||
| the regulation of manufactured housing and mobile homes. | ||
| (27) House Rule 13, Section 9(a)(4), is suspended to permit | ||
| the committee in proposed Article 79A of the bill to add text on a | ||
| matter which is not included in either the house or senate version | ||
| of the bill to read as follows: | ||
| ARTICLE 79A. CONFIDENTIALITY OF | ||
| CERTAIN PEACE OFFICER VOUCHERS | ||
| SECTION 79A.01. Subchapter H, Chapter 660, Government Code, | ||
| is amended by adding Section 660.2035 to read as follows: | ||
| Sec. 660.2035. CONFIDENTIALITY OF CERTAIN PEACE OFFICER | ||
| VOUCHERS; QUARTERLY SUMMARIES. (a) A voucher or other expense | ||
| reimbursement form, and any receipt or other document supporting | ||
| that voucher or other expense reimbursement form, that is submitted | ||
| or to be submitted under Section 660.027 is confidential under | ||
| Chapter 552 for a period of 18 months following the date of travel | ||
| if the voucher or other expense reimbursement form is submitted or | ||
| is to be submitted for payment or reimbursement of a travel expense | ||
| incurred by a peace officer while assigned to provide protection | ||
| for an elected official of this state or a member of the elected | ||
| official's family. | ||
| (b) At the expiration of the period provided by Subsection | ||
| (a), the voucher or other expense reimbursement form and any | ||
| supporting documents become subject to disclosure under Chapter 552 | ||
| and are not excepted from public disclosure or confidential under | ||
| that chapter or other law, except that the following provisions of | ||
| that chapter apply to the information in the voucher, reimbursement | ||
| form, or supporting documents: | ||
| (1) Section 552.117; | ||
| (2) Section 552.1175; | ||
| (3) Section 552.119; | ||
| (4) Section 552.136; | ||
| (5) Section 552.137; | ||
| (6) Section 552.147; and | ||
| (7) Section 552.151. | ||
| (c) A state agency that submits vouchers or other expense | ||
| reimbursement forms described by Subsection (a) shall prepare | ||
| quarterly a summary of the amounts paid or reimbursed by the | ||
| comptroller based on those vouchers or other expense reimbursement | ||
| forms. Each summary must: | ||
| (1) list separately for each elected official the | ||
| final travel destinations and the total amounts paid or reimbursed | ||
| in connection with protection provided to each elected official and | ||
| that elected official's family members; and | ||
| (2) itemize the amounts listed under Subdivision (1) | ||
| by the categories of travel, fuel, food, lodging or rent, and other | ||
| operating expenses. | ||
| (d) The itemized amounts under Subsection (c)(2) must equal | ||
| the total amount listed under Subsection (c)(1) for each elected | ||
| official for the applicable quarter. | ||
| (e) A summary prepared under Subsection (c) may not include: | ||
| (1) the number or names of the peace officers or | ||
| elected official's family members identified in the vouchers, | ||
| expense reimbursement forms, or supporting documents; | ||
| (2) the name of any business or vendor identified in | ||
| the vouchers, expense reimbursement forms, or supporting | ||
| documents; or | ||
| (3) the locations in which expenses were incurred, | ||
| other than the city, state, and country in which incurred. | ||
| (f) A summary prepared under Subsection (c) is subject to | ||
| disclosure under Chapter 552, except as otherwise excepted from | ||
| disclosure under that chapter. | ||
| (g) A state agency that receives a request for information | ||
| described by Subsection (a) during the period provided by that | ||
| subsection may withhold that information without the necessity of | ||
| requesting a decision from the attorney general under Subchapter G, | ||
| Chapter 552. The Supreme Court of Texas has original and exclusive | ||
| mandamus jurisdiction over any dispute regarding the construction, | ||
| applicability, or constitutionality of Subsection (a). The supreme | ||
| court may appoint a master to assist in the resolution of any such | ||
| dispute as provided by Rule 171, Texas Rules of Civil Procedure, and | ||
| may adopt additional rules as necessary to govern the procedures | ||
| for the resolution of any such dispute. | ||
| SECTION 79A.02. Section 660.2035, Government Code, as added | ||
| by this article, applies according to its terms in relation to | ||
| travel vouchers or other reimbursement form and any supporting | ||
| documents that pertain to expenses incurred or paid on or after the | ||
| effective date of this article. | ||
| Explanation: The changes are necessary to provide for | ||
| confidentiality and disclosure requirements for vouchers submitted | ||
| for expenses incurred by a peace officer while assigned to provide | ||
| protection for an elected official of this state or a member of the | ||
| elected official's family. | ||
| Pitts | ||
| ______________________________ | ||
| Speaker of the House | ||
| I certify that H.R. No. 232 was adopted by the House on June | ||
| 28, 2011, by the following vote: Yeas 92, Nays 49, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
