|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to nonsubstantive additions to and corrections in enacted |
|
codes, to the nonsubstantive codification or disposition of various |
|
laws omitted from enacted codes, and to conforming codifications |
|
enacted by the 81st Legislature to other Acts of that legislature. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
ARTICLE 1. GENERAL PROVISIONS |
|
SECTION 1.001. This Act is enacted as part of the state's |
|
continuing statutory revision program under Chapter 323, |
|
Government Code. This Act is a revision for purposes of Section 43, |
|
Article III, Texas Constitution, and has the purposes of: |
|
(1) codifying without substantive change or providing |
|
for other appropriate disposition of various statutes that were |
|
omitted from enacted codes; |
|
(2) conforming codifications enacted by the 81st |
|
Legislature to other Acts of that legislature that amended the laws |
|
codified or added new law to subject matter codified; |
|
(3) making necessary corrections to enacted |
|
codifications; and |
|
(4) renumbering or otherwise redesignating titles, |
|
chapters, and sections of codes that duplicate title, chapter, or |
|
section designations. |
|
SECTION 1.002. (a) The repeal of a statute by this Act does |
|
not affect an amendment, revision, or reenactment of the statute by |
|
the 82nd Legislature, Regular Session, 2011. The amendment, |
|
revision, or reenactment is preserved and given effect as part of |
|
the code provision that revised the statute so amended, revised, or |
|
reenacted. |
|
(b) If any provision of this Act conflicts with a statute |
|
enacted by the 82nd Legislature, Regular Session, 2011, the statute |
|
controls. |
|
SECTION 1.003. (a) A transition or saving provision of a |
|
law codified by this Act applies to the codified law to the same |
|
extent as it applied to the original law. |
|
(b) The repeal of a transition or saving provision by this |
|
Act does not affect the application of the provision to the codified |
|
law. |
|
(c) In this section, "transition provision" includes any |
|
temporary provision providing for a special situation in the |
|
transition period between the existing law and the establishment or |
|
implementation of the new law. |
|
ARTICLE 2. CHANGES RELATING TO AGRICULTURE CODE |
|
SECTION 2.001. Section 16.005(b), Agriculture Code, as |
|
amended by Chapters 1295 (H.B. 2318) and 1312 (H.B. 2582), Acts of |
|
the 81st Legislature, Regular Session, 2009, is reenacted to read |
|
as follows: |
|
(b) For each fiscal year, the office may not impose fees on a |
|
producer for more than 18 million gallons of fuel ethanol, |
|
biodiesel, or renewable diesel or MMBtu of renewable methane |
|
produced at any one registered plant. |
|
SECTION 2.002. Section 16.006(c), Agriculture Code, as |
|
amended by Chapters 1295 (H.B. 2318) and 1312 (H.B. 2582), Acts of |
|
the 81st Legislature, Regular Session, 2009, is reenacted to read |
|
as follows: |
|
(c) For each fiscal year a producer may not receive grants |
|
for more than 18 million gallons of fuel ethanol, biodiesel, or |
|
renewable diesel or MMBtu of renewable methane produced at any one |
|
registered plant. |
|
SECTION 2.003. The heading to Section 58.057, Agriculture |
|
Code, is repealed to conform to the repeal of Sections 58.057(a), |
|
(c), and (e), Agriculture Code, by Chapter 506 (S.B. 1016), Acts of |
|
the 81st Legislature, Regular Session, 2009, and the transfer of |
|
Sections 58.057(b) and (d), Agriculture Code, to Section 58.032, |
|
Agriculture Code, by Chapter 506 (S.B. 1016), Acts of the 81st |
|
Legislature, Regular Session, 2009. |
|
SECTION 2.004. Section 203.052(c), Agriculture Code, as |
|
amended by Chapters 200 (H.B. 3442) and 983 (S.B. 1828), Acts of the |
|
78th Legislature, Regular Session, 2003, is reenacted to read as |
|
follows: |
|
(c) At the hearing, representatives of a district and any |
|
other person may appear and present testimony including information |
|
and suggestions for any changes in the proposed plan. The board |
|
shall: |
|
(1) enter any written comments received on the |
|
proposed plan into the record of the hearing; and |
|
(2) consider all written comments and testimony before |
|
taking final action on the proposed plan. |
|
SECTION 2.005. Section 302.002, Agriculture Code, is |
|
amended to conform to Chapters 816 (S.B. 279) and 1245 (S.B. 1700), |
|
Acts of the 78th Legislature, Regular Session, 2003, to read as |
|
follows: |
|
Sec. 302.002. DEFINITIONS [DEFINITION]. In this chapter: |
|
(1) "Commission" means the Texas Commission of |
|
Licensing and Regulation. |
|
(2) "Department" means the Texas Department of |
|
Licensing and Regulation. |
|
(3) "Weather[, "weather] modification and control" |
|
means changing or controlling, or attempting to change or control, |
|
by artificial methods the natural development of atmospheric cloud |
|
forms or precipitation forms that occur in the troposphere. |
|
ARTICLE 3. CHANGES RELATING TO ALCOHOLIC BEVERAGE CODE |
|
SECTION 3.001. Section 48.03, Alcoholic Beverage Code, is |
|
amended to correct a reference to read as follows: |
|
Sec. 48.03. ELIGIBILITY FOR PERMIT. The commission or |
|
administrator may issue a passenger train beverage permit to any |
|
corporation organized under the Business Organizations Code or |
|
former Title 112, Revised Statutes, or under the Rail Passenger |
|
Service Act of 1970, as amended (45 U.S.C.A. Section 501 et seq.), |
|
operating a commercial passenger train service in or through the |
|
state. Application and payment of the fee shall be made directly to |
|
the commission. |
|
ARTICLE 4. CHANGES RELATING TO BUSINESS & COMMERCE CODE |
|
SECTION 4.001. Sections 35.60 and 35.63, Business & |
|
Commerce Code, are repealed to conform to the repeal of Chapter 35, |
|
Business & Commerce Code, by Chapter 885 (H.B. 2278), Acts of the |
|
80th Legislature, Regular Session, 2007. |
|
ARTICLE 5. CHANGES RELATING TO CIVIL PRACTICE AND REMEDIES CODE |
|
SECTION 5.001. Section 64.072(d), Civil Practice and |
|
Remedies Code, is amended to correct references to read as follows: |
|
(d) A court may not extend a corporate receivership for more |
|
than five years beyond the original three years, except that the |
|
court may extend for any additional period the receivership of a |
|
corporation organized [and existing] under former Article |
|
3.05(A)(2), Texas Miscellaneous Corporation Laws Act (Article |
|
1302-3.05, Vernon's Texas Civil Statutes), Section 2.006, Business |
|
Organizations Code, before September 1, 2009, or a railroad |
|
corporation organized under the Business Organizations Code or |
|
former Title 112, Revised Statutes. |
|
SECTION 5.002. Section 125.061(3), Civil Practice and |
|
Remedies Code, is amended to correct a reference to read as follows: |
|
(3) "Gang activity" means the following types of |
|
conduct: |
|
(A) organized criminal activity as described by |
|
Section 71.02, Penal Code; |
|
(B) terroristic threat as described by Section |
|
22.07, Penal Code; |
|
(C) coercing, soliciting, or inducing gang |
|
membership as described by Section 71.022(a) or (a-1) [22.015], |
|
Penal Code; |
|
(D) criminal trespass as described by Section |
|
30.05, Penal Code; |
|
(E) disorderly conduct as described by Section |
|
42.01, Penal Code; |
|
(F) criminal mischief as described by Section |
|
28.03, Penal Code, that causes a pecuniary loss of $500 or more; |
|
(G) a graffiti offense in violation of Section |
|
28.08, Penal Code, that: |
|
(i) causes a pecuniary loss of $500 or more; |
|
or |
|
(ii) occurs at a school, an institution of |
|
higher education, a place of worship or human cemetery, a public |
|
monument, or a community center that provides medical, social, or |
|
educational programs; |
|
(H) a weapons offense in violation of Chapter 46, |
|
Penal Code; or |
|
(I) unlawful possession of a substance or other |
|
item in violation of Chapter 481, Health and Safety Code. |
|
ARTICLE 6. CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE |
|
SECTION 6.001. Article 2.27, Code of Criminal Procedure, as |
|
amended by Chapters 867 (S.B. 669) and 1210 (S.B. 1074), Acts of the |
|
78th Legislature, Regular Session, 2003, is reenacted and amended |
|
to read as follows: |
|
Art. 2.27. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE. |
|
(a) On receipt of a report that is assigned the highest priority in |
|
accordance with rules adopted by the Department of Family and |
|
Protective [and Regulatory] Services under Section 261.301(d), |
|
Family Code, and that alleges an immediate risk of physical or |
|
sexual abuse of a child that could result in the death of or serious |
|
harm to the child by a person responsible for the care, custody, or |
|
welfare of the child, a peace officer from the appropriate local law |
|
enforcement agency shall investigate the report jointly with the |
|
department or with the agency responsible for conducting an |
|
investigation under Subchapter E, Chapter 261, Family Code. As soon |
|
as possible after being notified by the department of the report, |
|
but not later than 24 hours after being notified, the peace officer |
|
shall accompany the department investigator in initially |
|
responding to the report. |
|
(b) On receipt of a report of abuse or neglect or other |
|
complaint of a resident of a nursing home, convalescent home, or |
|
other related institution under Section 242.126(c)(1), Health and |
|
Safety Code, the appropriate local law enforcement agency shall |
|
investigate the report as required by Section 242.135, Health and |
|
Safety Code. |
|
SECTION 6.002. Section 1, Article 55.02, Code of Criminal |
|
Procedure, is amended to correct a reference to read as follows: |
|
Sec. 1. At the request of the defendant and after notice to |
|
the state, the trial court presiding over the case in which the |
|
defendant was acquitted, if the trial court is a district court, or |
|
a district court in the county in which the trial court is located |
|
shall enter an order of expunction for a person entitled to |
|
expunction under Article 55.01(a)(1)(A) [article 55.01(a)(1)(a)] |
|
not later than the 30th day after the date of the acquittal. Upon |
|
acquittal, the trial court shall advise the defendant of the right |
|
to expunction. The defendant shall provide to the district court |
|
all of the information required in a petition for expunction under |
|
Section 2(b). The attorney for the defendant in the case in which |
|
the defendant was acquitted, if the defendant was represented by |
|
counsel, or the attorney for the state, if the defendant was not |
|
represented by counsel, shall prepare the order for the court's |
|
signature. |
|
SECTION 6.003. Article 59.01(2), Code of Criminal |
|
Procedure, as amended by Chapters 153 (S.B. 2225), 1130 (H.B. |
|
2086), and 1357 (S.B. 554), Acts of the 81st Legislature, Regular |
|
Session, 2009, is reenacted and amended to read as follows: |
|
(2) "Contraband" means property of any nature, |
|
including real, personal, tangible, or intangible, that is: |
|
(A) used in the commission of: |
|
(i) any first or second degree felony under |
|
the Penal Code; |
|
(ii) any felony under Section 15.031(b), |
|
20.05, 21.11, 38.04, Subchapter B of Chapter 43, or Chapter 29, 30, |
|
31, 32, 33, 33A, or 35, Penal Code; |
|
(iii) any felony under The Securities Act |
|
(Article 581-1 et seq., Vernon's Texas Civil Statutes); or |
|
(iv) any offense under Chapter 49, Penal |
|
Code, that is punishable as a felony of the third degree or state |
|
jail felony, if the defendant has been previously convicted three |
|
times of an offense under that chapter; |
|
(B) used or intended to be used in the commission |
|
of: |
|
(i) any felony under Chapter 481, Health |
|
and Safety Code (Texas Controlled Substances Act); |
|
(ii) any felony under Chapter 483, Health |
|
and Safety Code; |
|
(iii) a felony under Chapter 153, Finance |
|
Code; |
|
(iv) any felony under Chapter 34, Penal |
|
Code; |
|
(v) a Class A misdemeanor under Subchapter |
|
B, Chapter 365, Health and Safety Code, if the defendant has been |
|
previously convicted twice of an offense under that subchapter; |
|
(vi) any felony under Chapter 152, Finance |
|
Code; |
|
(vii) any felony under Chapter 32, Human |
|
Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that |
|
involves the state Medicaid program; |
|
(viii) a Class B misdemeanor under Chapter |
|
522, Business & Commerce Code; |
|
(ix) a Class A misdemeanor under Section |
|
306.051, Business & Commerce Code; [or] |
|
(x) any offense under Section 42.10, Penal |
|
Code; |
|
(xi) [(x)] any offense under Section |
|
46.06(a)(1) or 46.14, Penal Code; or |
|
(xii) [(x)] any offense under Chapter 71, |
|
Penal Code; |
|
(C) the proceeds gained from the commission of a |
|
felony listed in Paragraph (A) or (B) of this subdivision, a |
|
misdemeanor listed in Paragraph (B)(viii), (x), (xi), or (xii) |
|
[(B)(viii) or (x)] of this subdivision, or a crime of violence; |
|
(D) acquired with proceeds gained from the |
|
commission of a felony listed in Paragraph (A) or (B) of this |
|
subdivision, a misdemeanor listed in Paragraph (B)(viii), (x), |
|
(xi), or (xii) [(B)(viii) or (x)] of this subdivision, or a crime of |
|
violence; or |
|
(E) used to facilitate or intended to be used to |
|
facilitate the commission of a felony under Section 15.031 or |
|
43.25, Penal Code. |
|
SECTION 6.004. Article 59.011, Code of Criminal Procedure, |
|
as added by Chapters 153 (S.B. 2225), 1130 (H.B. 2086), and 1357 |
|
(S.B. 554), Acts of the 81st Legislature, Regular Session, 2009, is |
|
reenacted and amended to read as follows: |
|
Art. 59.011. ELECTION OF FORFEITURE PROCEEDING. If |
|
property described by Article 59.01(2)(B)(x), (xi), or (xii) is |
|
subject to forfeiture under this chapter and Article 18.18, the |
|
attorney representing the state may proceed under either this |
|
chapter or that article. |
|
SECTION 6.005. Article 62.051(c), Code of Criminal |
|
Procedure, as amended by Chapters 661 (H.B. 2153) and 755 (S.B. |
|
689), Acts of the 81st Legislature, Regular Session, 2009, is |
|
reenacted and amended to read as follows: |
|
(c) The registration form shall require: |
|
(1) the person's full name, date of birth, sex, race, |
|
height, weight, eye color, hair color, social security number, |
|
driver's license number, and shoe size; |
|
(1-a) [, and] the address at which the person resides |
|
or intends to reside or, if the person does not reside or intend to |
|
reside at a physical address, a detailed description of each |
|
geographical location at which the person resides or intends to |
|
reside; |
|
(1-b) [and] each alias used by the person and any home, |
|
work, or cellular telephone number of the person; |
|
(2) a recent color photograph or, if possible, an |
|
electronic digital image of the person and a complete set of the |
|
person's fingerprints; |
|
(3) the type of offense the person was convicted of, |
|
the age of the victim, the date of conviction, and the punishment |
|
received; |
|
(4) an indication as to whether the person is |
|
discharged, paroled, or released on juvenile probation, community |
|
supervision, or mandatory supervision; |
|
(5) an indication of each license, as defined by |
|
Article 62.005(g), that is held or sought by the person; |
|
(6) an indication as to whether the person is or will |
|
be employed, carrying on a vocation, or a student at a particular |
|
public or private institution of higher education in this state or |
|
another state, and the name and address of that institution; |
|
(7) the identification of any online identifier |
|
established or used by the person; and |
|
(8) any other information required by the department. |
|
SECTION 6.006. Article 102.0045(d), Code of Criminal |
|
Procedure, is amended to correct a reference to read as follows: |
|
(d) Fees deposited in the jury service fund under this |
|
article [section] are exempt from the application of Section |
|
403.095, Government Code. |
|
SECTION 6.007. Article 102.0185(c), Code of Criminal |
|
Procedure, is amended to correct a reference to read as follows: |
|
(c) Costs imposed under this article are collected in the |
|
[same] manner provided by Subchapter B, Chapter 133, Local |
|
Government Code [as other costs collected under Article 102.075]. |
|
SECTION 6.008. Articles 102.056(c) and (d), Code of |
|
Criminal Procedure, are amended to correct references to read as |
|
follows: |
|
(c) Notwithstanding any other provision of this article |
|
[section], the criminal justice division shall allocate to a local |
|
unit of government or combination of local units of government |
|
located in an impacted region occurring as the result of the |
|
establishment of a significant new naval military facility an |
|
amount that exceeds by 10 percent the amount it would otherwise |
|
receive under this article [section]. |
|
(d) In this article, [section] "significant new naval |
|
military facility" and "impacted region" have the meanings assigned |
|
by Section 4, Article 1, National Defense Impacted Region |
|
Assistance Act of 1985. |
|
ARTICLE 7. CHANGES RELATING TO EDUCATION CODE |
|
SECTION 7.001. Section 12.013(b), Education Code, is |
|
amended to correct a reference to read as follows: |
|
(b) A home-rule school district is subject to: |
|
(1) a provision of this title establishing a criminal |
|
offense; |
|
(2) a provision of this title relating to limitations |
|
on liability; and |
|
(3) a prohibition, restriction, or requirement, as |
|
applicable, imposed by this title or a rule adopted under this |
|
title, relating to: |
|
(A) the Public Education Information Management |
|
System (PEIMS) to the extent necessary to monitor compliance with |
|
this subchapter as determined by the commissioner; |
|
(B) educator certification under Chapter 21 and |
|
educator rights under Sections 21.407, 21.408, and 22.001; |
|
(C) criminal history records under Subchapter C, |
|
Chapter 22; |
|
(D) student admissions under Section 25.001; |
|
(E) school attendance under Sections 25.085, |
|
25.086, and 25.087; |
|
(F) inter-district or inter-county transfers of |
|
students under Subchapter B, Chapter 25; |
|
(G) elementary class size limits under Section |
|
25.112, in the case of any campus in the district that fails to |
|
satisfy any standard under Section 39.054(e) [39.054(d)]; |
|
(H) high school graduation under Section 28.025; |
|
(I) special education programs under Subchapter |
|
A, Chapter 29; |
|
(J) bilingual education under Subchapter B, |
|
Chapter 29; |
|
(K) prekindergarten programs under Subchapter E, |
|
Chapter 29; |
|
(L) safety provisions relating to the |
|
transportation of students under Sections 34.002, 34.003, 34.004, |
|
and 34.008; |
|
(M) computation and distribution of state aid |
|
under Chapters 31, 42, and 43; |
|
(N) extracurricular activities under Section |
|
33.081; |
|
(O) health and safety under Chapter 38; |
|
(P) public school accountability under |
|
Subchapters B, C, D, E, and J, Chapter 39; |
|
(Q) equalized wealth under Chapter 41; |
|
(R) a bond or other obligation or tax rate under |
|
Chapters 42, 43, and 45; and |
|
(S) purchasing under Chapter 44. |
|
SECTION 7.002. Section 12.119(c), Education Code, is |
|
amended to correct a reference to read as follows: |
|
(c) On request, the State Board of Education shall provide |
|
the information required by this section and Section 12.111(a)(8) |
|
[12.111(8)] to a member of the public. The board may charge a |
|
reasonable fee to cover the board's cost in providing the |
|
information. |
|
SECTION 7.003. Section 21.4551(c), Education Code, is |
|
amended to correct a reference to read as follows: |
|
(c) The commissioner by rule shall require a teacher to |
|
attend a reading academy if the teacher provides instruction in |
|
reading, mathematics, science, or social studies to students at the |
|
sixth, seventh, or eighth grade level at a campus that fails to |
|
satisfy any standard under Section 39.054(e) [39.054(d)] on the |
|
basis of student performance on the reading assessment instrument |
|
administered under Section 39.023(a) to students in any grade level |
|
at the campus. |
|
SECTION 7.004. Section 21.705, Education Code, as amended |
|
by Chapters 1262 (H.B. 709) and 1328 (H.B. 3646), Acts of the 81st |
|
Legislature, Regular Session, 2009, is reenacted to read as |
|
follows: |
|
Sec. 21.705. AWARD PAYMENTS. A school district must use at |
|
least 60 percent of grant funds awarded to the district under this |
|
subchapter to directly award classroom teachers and principals who |
|
effectively improve student achievement as determined by |
|
meaningful, objective measures. The remaining funds must be used |
|
only to: |
|
(1) provide teacher induction and mentoring support, |
|
including stipends to effective mentors or teacher coaches; |
|
(2) provide stipends to classroom teachers who are |
|
certified in a subject that is designated by the commissioner as |
|
commonly experiencing a critical shortage of teachers; |
|
(3) provide stipends to classroom teachers who are |
|
certified under Subchapter B in the main subject area in which they |
|
teach; |
|
(4) provide stipends to recruit and retain classroom |
|
teachers and principals with proven records of success for |
|
improving student performance who are assigned to campuses at which |
|
the district has experienced difficulty assigning or retaining |
|
teachers; |
|
(5) provide stipends to classroom teachers who hold |
|
advanced certification from an organization that certifies at least |
|
2,500 teachers in the United States each year based on the teachers' |
|
satisfaction, through study, expert evaluation, self-assessment, |
|
and peer review, of high and rigorous standards for accomplished |
|
teaching; |
|
(6) provide awards to other campus employees who |
|
demonstrate excellence; |
|
(7) implement the components of a Teacher Advancement |
|
Program (TAP), including: |
|
(A) an instructionally focused accountability |
|
system; and |
|
(B) the adjustment of teaching schedules to |
|
permit ongoing applied professional growth; or |
|
(8) provide funding for previously developed |
|
incentive programs. |
|
SECTION 7.005. Section 25.087(b), Education Code, as |
|
amended by Chapters 517 (S.B. 1134) and 595 (H.B. 192), Acts of the |
|
81st Legislature, Regular Session, 2009, is reenacted and amended |
|
to read as follows: |
|
(b) A school district shall excuse a student from attending |
|
school for: |
|
(1) the following purposes, including travel for those |
|
purposes: |
|
(A) observing religious holy days; |
|
(B) attending a required court appearance; |
|
(C) appearing at a governmental office to |
|
complete paperwork required in connection with the student's |
|
application for United States citizenship; [or] |
|
(D) taking part in a United States naturalization |
|
oath ceremony; or |
|
(E) [(C)] serving as an election clerk; or |
|
(2) a temporary absence resulting from health care |
|
professionals if that student commences classes or returns to |
|
school on the same day of the appointment. |
|
SECTION 7.006. Section 28.0211(k), Education Code, is |
|
amended to correct a reference to read as follows: |
|
(k) The commissioner shall adopt rules as necessary to |
|
implement this section, including rules concerning when school |
|
districts shall administer assessment instruments required under |
|
this section and which administration of the assessment instruments |
|
will be used for purposes of Section 39.054 [39.051]. |
|
SECTION 7.007. Section 29.202(a), Education Code, is |
|
amended to correct a reference to read as follows: |
|
(a) A student is eligible to receive a public education |
|
grant or to attend another public school in the district in which |
|
the student resides under this subchapter if the student is |
|
assigned to attend a public school campus: |
|
(1) at which 50 percent or more of the students did not |
|
perform satisfactorily on an assessment instrument administered |
|
under Section 39.023(a) or (c) in any two of the preceding three |
|
years; or |
|
(2) that, at any time in the preceding three years, |
|
failed to satisfy any standard under Section 39.054(e) [39.054(d)]. |
|
SECTION 7.008. Section 30A.002(b), Education Code, as |
|
amended by Chapters 850 (S.B. 2248) and 1328 (H.B. 3646), Acts of |
|
the 81st Legislature, Regular Session, 2009, is reenacted and |
|
amended to read as follows: |
|
(b) A student is eligible to enroll full-time in courses |
|
provided through the state virtual school network only if the |
|
student: |
|
(1) [the student] was enrolled in a public school in |
|
this state in the preceding school year; or |
|
(2) [(3) the student] has been placed in substitute |
|
care in this state, regardless of whether the student was enrolled |
|
in a public school in this state in the preceding school year. |
|
SECTION 7.009. Section 32.261(b), Education Code, is |
|
amended to correct a reference to read as follows: |
|
(b) To the extent possible considering other statutory |
|
requirements, the commissioner and agency shall encourage the use |
|
of textbook funds and technology allotment funds under Section |
|
32.005 [31.021(b)(2)] in a manner that facilitates the development |
|
and use of the portal. |
|
SECTION 7.010. The heading to Section 39.106, Education |
|
Code, is amended to read as follows: |
|
Sec. 39.106. CAMPUS INTERVENTION TEAM DUTIES. |
|
SECTION 7.011. The heading to Section 39.113, Education |
|
Code, is amended to read as follows: |
|
Sec. 39.113. CAMPUS INTERVENTION TEAM MEMBERS. |
|
SECTION 7.012. Section 41.124(c), Education Code, is |
|
amended to correct a reference to read as follows: |
|
(c) A school district that receives tuition for a student |
|
from a school district with a wealth per student that exceeds the |
|
equalized wealth level may not claim attendance for that student |
|
for purposes of Chapters 42 and 46 and the technology allotment |
|
under Section 32.005 [31.021(b)(2)]. |
|
SECTION 7.013. Section 45.261(d), Education Code, is |
|
amended to correct a reference to read as follows: |
|
(d) If a school district fails to comply with the |
|
commissioner's order under Subsection (c), the commissioner may |
|
impose any sanction on the district authorized to be imposed on a |
|
district under Subchapter E [G], Chapter 39, including appointment |
|
of a board of managers or annexation to another district, |
|
regardless of the district's accreditation status or the duration |
|
of a particular accreditation status. |
|
SECTION 7.014. Section 54.211, Education Code, as amended |
|
by Chapters 45 (S.B. 43) and 1372 (S.B. 939), Acts of the 81st |
|
Legislature, Regular Session, 2009, is reenacted and amended to |
|
read as follows: |
|
Sec. 54.211. EXEMPTIONS FOR STUDENTS UNDER CONSERVATORSHIP |
|
OF DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES. (a) A student is |
|
exempt from the payment of tuition and fees authorized in this |
|
chapter, including tuition and fees charged by an institution of |
|
higher education for a dual credit course or other course for which |
|
a high school student may earn joint high school and college credit, |
|
if the student: |
|
(1) was under the conservatorship of the Department of |
|
Family and Protective Services: |
|
(A) on the day preceding the student's 18th |
|
birthday; |
|
(B) on or after the day of the student's 14th |
|
birthday, if the student was also eligible for adoption on or after |
|
that day; |
|
(C) on the day the student graduated from high |
|
school or received the equivalent of a high school diploma; |
|
(D) on the day preceding: |
|
(i) the date the student is adopted, if that |
|
date is on or after September 1, 2009; or |
|
(ii) the date permanent managing |
|
conservatorship of the student is awarded to a person other than the |
|
student's parent, if that date is on or after September 1, 2009; or |
|
(E) [(D)] during an academic term in which the |
|
student was enrolled in a dual credit course or other course for |
|
which a high school student may earn joint high school and college |
|
credit; and |
|
(2) enrolls in an institution of higher education as |
|
an undergraduate student or in a dual credit course or other course |
|
for which a high school student may earn joint high school and |
|
college credit not later than the student's 25th birthday. |
|
(b) The Texas Education Agency and the Texas Higher |
|
Education Coordinating Board shall develop outreach programs to |
|
ensure that students in the conservatorship of the Department of |
|
Family and Protective Services and in grades 9-12 are aware of the |
|
availability of the exemption from the payment of tuition and fees |
|
provided by this section. |
|
SECTION 7.015. Section 56.302(a), Education Code, is |
|
amended to read as follows: |
|
(a) Except as provided under Section 56.310(c), the student |
|
financial assistance program authorized by this subchapter is known |
|
as the Toward EXcellence [EXellence], Access, & Success (TEXAS) |
|
grant program, and an individual grant awarded under this |
|
subchapter is known as a TEXAS grant. |
|
SECTION 7.016. Section 61.083, Education Code, is repealed |
|
to conform to the repeal of Sections 61.083(b), (c), and (d), |
|
Education Code, by Section 13(4), Chapter 823 (H.B. 2448), Acts of |
|
the 74th Legislature, Regular Session, 1995. |
|
SECTION 7.017. Section 132.053(a), Education Code, is |
|
amended to correct a reference to read as follows: |
|
(a) The commission may establish rules that waive, alter, |
|
suspend, or replace any of the following provisions governing small |
|
career schools and colleges: |
|
(1) the fee schedule authorized under Section 132.201, |
|
provided that fees under a fee schedule established by rule may not |
|
be less than the reasonable administrative cost for regulation or |
|
more than the amount that a small career school or college would |
|
otherwise pay if it were not classified as a small career school or |
|
college; |
|
(2) participation in the career school or college |
|
tuition trust account required by Section 132.2415; |
|
(3) the refund policy provisions of Section 132.061; |
|
(4) the examination of a school or college for |
|
compliance under Section 132.056(f); |
|
(5) the reporting requirements of Section |
|
132.055(b)(15) [132.055(o)]; and |
|
(6) the term for which a certificate of approval is |
|
issued under Section 132.056(b), provided that a rule adopted under |
|
this section may not provide for a term that exceeds three years or |
|
is less than one year. |
|
SECTION 7.018. (a) Section 142.001(3), Education Code, as |
|
amended by Chapters 1250 (H.B. 58) and 1335 (S.B. 44), Acts of the |
|
81st Legislature, Regular Session, 2009, is reenacted and amended |
|
to read as follows: |
|
(3) "Eligible institution" means: |
|
(A) an institution of higher education[, as
|
|
defined by Section 61.003]; or |
|
(B) a private or independent institution of |
|
higher education[, as defined by Section 61.003]. |
|
(b) Section 142.001(3-a), Education Code, as added by |
|
Chapter 1335 (S.B. 44), Acts of the 81st Legislature, Regular |
|
Session, 2009, is amended to conform to Chapter 1250 (H.B. 58), Acts |
|
of the 81st Legislature, Regular Session, 2009, to read as follows: |
|
(3-a) "Institution of higher education," [and] |
|
"medical and dental unit," and "private or independent institution |
|
of higher education" have the meanings assigned by Section 61.003. |
|
ARTICLE 8. CHANGES RELATING TO ESTATES CODE |
|
SECTION 8.001. Section 52.001(a), Estates Code, as |
|
effective January 1, 2014, is amended to conform to Section 2, |
|
Chapter 602 (H.B. 585), Acts of the 81st Legislature, Regular |
|
Session, 2009, to read as follows: |
|
(a) The county clerk shall maintain a record book titled |
|
"Judge's Probate Docket" and shall record in the book: |
|
(1) the name of each person with respect to whom, or |
|
with respect to whose estate, proceedings are commenced or sought |
|
to be commenced; |
|
(2) the name of each executor, administrator, or |
|
applicant for letters testamentary or of administration; |
|
(3) the date each original application for probate |
|
proceedings is filed; |
|
(4) a notation [minute] of each order, judgment, |
|
decree, and proceeding that occurs in each estate, including the |
|
date it occurs; and |
|
(5) the docket number of each estate as assigned under |
|
Subsection (b). |
|
SECTION 8.002. Section 55.251, Estates Code, as effective |
|
January 1, 2014, is amended to more closely conform to the source |
|
law from which it was derived to read as follows: |
|
Sec. 55.251. REVISION AND CORRECTION OF ORDER OR JUDGMENT |
|
IN PROBATE PROCEEDING. (a) An interested person may, by a bill of |
|
review filed in the court in which the probate proceedings were |
|
held, have an order or judgment rendered by the court revised and |
|
corrected on a showing of error in the order or judgment, as |
|
applicable. |
|
(b) A bill of review to revise and correct an order or |
|
judgment may not be filed more than two years after the date of the |
|
order or judgment, as applicable. |
|
SECTION 8.003. Section 55.252, Estates Code, as effective |
|
January 1, 2014, is amended to more closely conform to the source |
|
law from which it was derived to read as follows: |
|
Sec. 55.252. INJUNCTION. A process or action under a court |
|
order or judgment subject to a bill of review filed under Section |
|
55.251 may be stayed only by writ of injunction. |
|
SECTION 8.004. Section 113.051(a), Estates Code, as |
|
effective January 1, 2014, is amended to conform to Section 2, |
|
Chapter 929 (H.B. 3075), Acts of the 81st Legislature, Regular |
|
Session, 2009, to read as follows: |
|
(a) A contract of deposit that contains provisions |
|
substantially the same as in the form provided by Section 113.052 |
|
establishes the type of account selected by a party. This chapter |
|
governs an account selected under the form[, other than a
|
|
single-party account without a P.O.D. designation]. |
|
SECTION 8.005. Section 113.052, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 2, Chapter 929 |
|
(H.B. 3075), Acts of the 81st Legislature, Regular Session, 2009, |
|
to read as follows: |
|
Sec. 113.052. FORM. A financial institution may use the |
|
following form to establish the type of account selected by a party: |
|
UNIFORM SINGLE-PARTY OR MULTIPLE-PARTY ACCOUNT SELECTION |
|
FORM NOTICE: The type of account you select may determine how |
|
property passes on your death. Your will may not control the |
|
disposition of funds held in some of the following accounts. You |
|
may choose to designate one or more convenience signers on an |
|
account, even if the account is not a convenience account. A |
|
designated convenience signer may make transactions on your behalf |
|
during your lifetime, but does not own the account during your |
|
lifetime. The designated convenience signer owns the account on |
|
your death only if the convenience signer is also designated as a |
|
P.O.D. payee or trust account beneficiary. |
|
Select one of the following accounts by placing your initials |
|
next to the account selected: |
|
___ (1) SINGLE-PARTY ACCOUNT WITHOUT "P.O.D." (PAYABLE ON |
|
DEATH) DESIGNATION. The party to the account owns the account. On |
|
the death of the party, ownership of the account passes as a part of |
|
the party's estate under the party's will or by intestacy. |
|
Enter the name of the party: |
|
________________________________________________________________ |
|
Enter the name(s) of the convenience signer(s), if you want |
|
one or more convenience signers on this account: |
|
________________________________________________________________ |
|
________________________________________________________________ |
|
___ (2) SINGLE-PARTY ACCOUNT WITH "P.O.D." (PAYABLE ON |
|
DEATH) DESIGNATION. The party to the account owns the account. On |
|
the death of the party, ownership of the account passes to the |
|
P.O.D. beneficiaries of the account. The account is not a part of |
|
the party's estate. |
|
Enter the name of the party: |
|
________________________________________________________________ |
|
Enter the name or names of the P.O.D. beneficiaries: |
|
________________________________________________________________ |
|
________________________________________________________________ |
|
Enter the name(s) of the convenience signer(s), if you want |
|
one or more convenience signers on this account: |
|
________________________________________________________________ |
|
________________________________________________________________ |
|
___ (3) MULTIPLE-PARTY ACCOUNT WITHOUT RIGHT OF |
|
SURVIVORSHIP. The parties to the account own the account in |
|
proportion to the parties' net contributions to the account. The |
|
financial institution may pay any sum in the account to a party at |
|
any time. On the death of a party, the party's ownership of the |
|
account passes as a part of the party's estate under the party's |
|
will or by intestacy. |
|
Enter the names of the parties: |
|
________________________________________________________________ |
|
________________________________________________________________ |
|
________________________________________________________________ |
|
Enter the name(s) of the convenience signer(s), if you want |
|
one or more convenience signers on this account: |
|
________________________________________________________________ |
|
________________________________________________________________ |
|
___ (4) MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP. |
|
The parties to the account own the account in proportion to the |
|
parties' net contributions to the account. The financial |
|
institution may pay any sum in the account to a party at any time. |
|
On the death of a party, the party's ownership of the account passes |
|
to the surviving parties. |
|
Enter the names of the parties: |
|
________________________________________________________________ |
|
________________________________________________________________ |
|
Enter the name(s) of the convenience signer(s), if you want |
|
one or more convenience signers on this account: |
|
________________________________________________________________ |
|
________________________________________________________________ |
|
___ (5) MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP |
|
AND P.O.D. (PAYABLE ON DEATH) DESIGNATION. The parties to the |
|
account own the account in proportion to the parties' net |
|
contributions to the account. The financial institution may pay |
|
any sum in the account to a party at any time. On the death of the |
|
last surviving party, the ownership of the account passes to the |
|
P.O.D. beneficiaries. |
|
Enter the names of the parties: |
|
________________________________________________________________ |
|
________________________________________________________________ |
|
Enter the name or names of the P.O.D. beneficiaries: |
|
________________________________________________________________ |
|
________________________________________________________________ |
|
Enter the name(s) of the convenience signer(s), if you want |
|
one or more convenience signers on this account: |
|
________________________________________________________________ |
|
________________________________________________________________ |
|
___ (6) CONVENIENCE ACCOUNT. The parties to the account own |
|
the account. One or more convenience signers to the account may |
|
make account transactions for a party. A convenience signer does |
|
not own the account. On the death of the last surviving party, |
|
ownership of the account passes as a part of the last surviving |
|
party's estate under the last surviving party's will or by |
|
intestacy. The financial institution may pay funds in the account |
|
to a convenience signer before the financial institution receives |
|
notice of the death of the last surviving party. The payment to a |
|
convenience signer does not affect the parties' ownership of the |
|
account. |
|
Enter the names of the parties: |
|
________________________________________________________________ |
|
________________________________________________________________ |
|
Enter the name(s) [names] of the convenience signer(s) |
|
[signers]: |
|
________________________________________________________________ |
|
________________________________________________________________ |
|
___ (7) TRUST ACCOUNT. The parties named as trustees to the |
|
account own the account in proportion to the parties' net |
|
contributions to the account. A trustee may withdraw funds from the |
|
account. A beneficiary may not withdraw funds from the account |
|
before all trustees are deceased. On the death of the last |
|
surviving trustee, the ownership of the account passes to the |
|
beneficiary. The trust account is not a part of a trustee's estate |
|
and does not pass under the trustee's will or by intestacy, unless |
|
the trustee survives all of the beneficiaries and all other |
|
trustees. |
|
Enter the name or names of the trustees: |
|
________________________________________________________________ |
|
________________________________________________________________ |
|
Enter the name or names of the beneficiaries: |
|
________________________________________________________________ |
|
________________________________________________________________ |
|
Enter the name(s) of the convenience signer(s), if you want |
|
one or more convenience signers on this account: |
|
________________________________________________________________ |
|
________________________________________________________________ |
|
SECTION 8.006. (a) Subchapter C, Chapter 113, Estates |
|
Code, as effective January 1, 2014, is amended to conform to Section |
|
1, Chapter 929 (H.B. 3075), Acts of the 81st Legislature, Regular |
|
Session, 2009, by adding Section 113.106 to read as follows: |
|
Sec. 113.106. OWNERSHIP AND OPERATION OF OTHER ACCOUNT WITH |
|
CONVENIENCE SIGNER. (a) An account established by one or more |
|
parties at a financial institution that is not designated as a |
|
convenience account, but is instead designated as a single-party |
|
account or another type of multiple-party account, may provide that |
|
the sums on deposit may be paid or delivered to the parties or to one |
|
or more convenience signers "for the convenience of the parties." |
|
(b) Except as provided by Section 113.1541: |
|
(1) the provisions of Sections 113.105, 113.206, and |
|
113.208 apply to an account described by Subsection (a), including |
|
provisions relating to the ownership of the account during the |
|
lifetimes and on the deaths of the parties and provisions relating |
|
to the powers and duties of the financial institution at which the |
|
account is established; and |
|
(2) any other law relating to a convenience signer |
|
applies to a convenience signer designated as provided by this |
|
section to the extent the law applies to a convenience signer on a |
|
convenience account. |
|
(b) Subchapter D, Chapter 113, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 1, Chapter 929 |
|
(H.B. 3075), Acts of the 81st Legislature, Regular Session, 2009, |
|
by adding Section 113.1541 to read as follows: |
|
Sec. 113.1541. OWNERSHIP OF OTHER ACCOUNT WITH CONVENIENCE |
|
SIGNER ON DEATH OF LAST SURVIVING PARTY. On the death of the last |
|
surviving party to an account that has a convenience signer |
|
designated as provided by Section 113.106, the convenience signer |
|
does not have a right of survivorship in the account and the estate |
|
of the last surviving party owns the account unless the convenience |
|
signer is also designated as a P.O.D. payee or as a beneficiary. |
|
(c) Section 438B, Texas Probate Code, is repealed. |
|
SECTION 8.007. Section 202.102, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 4, Chapter 602 |
|
(H.B. 585), Acts of the 81st Legislature, Regular Session, 2009, to |
|
read as follows: |
|
Sec. 202.102. TRANSFER OF RECORDS. The clerk of the court |
|
from which a proceeding to declare heirship is transferred under |
|
Section 202.101 shall, on entry of the order under that section, |
|
send to the clerk of the court named in the order a certified |
|
transcript of all pleadings, [docket] entries in the judge's |
|
probate docket, and orders of the court in the proceeding. The |
|
clerk of the court to which the proceeding is transferred shall: |
|
(1) file the transcript; |
|
(2) record the transcript in the judge's probate |
|
docket [minutes] of that [the] court; and |
|
(3) docket the proceeding. |
|
SECTION 8.008. Section 202.151, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 5, Chapter 602 |
|
(H.B. 585), Acts of the 81st Legislature, Regular Session, 2009, to |
|
read as follows: |
|
Sec. 202.151. WRITTEN EVIDENCE IN PROCEEDING TO DECLARE |
|
HEIRSHIP. The court may require that all or any part of the |
|
evidence admitted in a proceeding to declare heirship be: |
|
(1) reduced to writing and subscribed and sworn to by |
|
the witnesses, respectively; and |
|
(2) filed in the proceeding and recorded in the judge's |
|
probate docket [minutes of the court]. |
|
SECTION 8.009. (a) Chapter 254, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 1, Chapter 414 |
|
(H.B. 1969), Acts of the 81st Legislature, Regular Session, 2009, |
|
by adding Section 254.005 to read as follows: |
|
Sec. 254.005. FORFEITURE CLAUSE. A provision in a will that |
|
would cause a forfeiture of a devise or void a devise or provision |
|
in favor of a person for bringing any court action, including |
|
contesting a will, is unenforceable if: |
|
(1) probable cause exists for bringing the action; and |
|
(2) the action was brought and maintained in good |
|
faith. |
|
(b) Section 64, Texas Probate Code, is repealed. |
|
SECTION 8.010. Section 256.052(a), Estates Code, as |
|
effective January 1, 2014, is amended to conform to Section 1, |
|
Chapter 633 (H.B. 1460), Acts of the 81st Legislature, Regular |
|
Session, 2009, to read as follows: |
|
(a) An application for the probate of a written will must |
|
state and aver the following to the extent each is known to the |
|
applicant or can, with reasonable diligence, be ascertained by the |
|
applicant: |
|
(1) each applicant's name and domicile; |
|
(2) the testator's name, domicile, and, if known, age, |
|
on the date of the testator's death; |
|
(3) the fact, time, and place of the testator's death; |
|
(4) facts showing that the court with which the |
|
application is filed has venue; |
|
(5) that the testator owned property, including a |
|
statement generally describing the property and the property's |
|
probable value; |
|
(6) the date of the will; |
|
(7) the name and residence of: |
|
(A) any executor named in the will or, if no |
|
executor is named, of the person to whom the applicant desires that |
|
letters be issued; and |
|
(B) each subscribing witness to the will, if any; |
|
(8) whether one or more children born to or adopted by |
|
the testator after the testator executed the will survived the |
|
testator and, if so, the name of each of those children; |
|
(9) whether a marriage of the testator was ever |
|
dissolved after the will was made, whether by divorce, annulment, |
|
or a declaration that the marriage was void, [divorced] and, if so, |
|
when and from whom; |
|
(10) whether the state, a governmental agency of the |
|
state, or a charitable organization is named in the will as a |
|
devisee; and |
|
(11) that the executor named in the will, the |
|
applicant, or another person to whom the applicant desires that |
|
letters be issued is not disqualified by law from accepting the |
|
letters. |
|
SECTION 8.011. Section 257.051(a), Estates Code, as |
|
effective January 1, 2014, is amended to conform to Section 1, |
|
Chapter 634 (H.B. 1461), Acts of the 81st Legislature, Regular |
|
Session, 2009, to read as follows: |
|
(a) An application for the probate of a will as a muniment of |
|
title must state and aver the following to the extent each is known |
|
to the applicant or can, with reasonable diligence, be ascertained |
|
by the applicant: |
|
(1) each applicant's name and domicile; |
|
(2) the testator's name, domicile, and, if known, age, |
|
on the date of the testator's death; |
|
(3) the fact, time, and place of the testator's death; |
|
(4) facts showing that the court with which the |
|
application is filed has venue; |
|
(5) that the testator owned property, including a |
|
statement generally describing the property and the property's |
|
probable value; |
|
(6) the date of the will; |
|
(7) the name and residence of: |
|
(A) any executor named in the will; and |
|
(B) each subscribing witness to the will, if any; |
|
(8) whether one or more children born to or adopted by |
|
the testator after the testator executed the will survived the |
|
testator and, if so, the name of each of those children; |
|
(9) that the testator's estate does not owe an unpaid |
|
debt, other than any debt secured by a lien on real estate; |
|
(10) whether a marriage of the testator was ever |
|
dissolved after the will was made, whether by divorce, annulment, |
|
or a declaration that the marriage was void, [divorced] and, if so, |
|
when and from whom; and |
|
(11) whether the state, a governmental agency of the |
|
state, or a charitable organization is named in the will as a |
|
devisee. |
|
SECTION 8.012. Section 305.055, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 8, Chapter 602 |
|
(H.B. 585), Acts of the 81st Legislature, Regular Session, 2009, to |
|
read as follows: |
|
Sec. 305.055. FILING AND RECORDING OF OATH. An oath shall |
|
be: |
|
(1) filed with the clerk of the court granting the |
|
letters testamentary or of administration, as applicable; and |
|
(2) recorded in the judge's probate docket [minutes of
|
|
that court]. |
|
SECTION 8.013. Section 305.251(a), Estates Code, as |
|
effective January 1, 2014, is amended to more closely conform to the |
|
source law from which it was derived to read as follows: |
|
(a) A personal representative may be required to give a new |
|
bond if: |
|
(1) a surety on a bond dies, removes beyond the limits |
|
[moves out] of this state, or becomes insolvent; |
|
(2) in the court's opinion: |
|
(A) the sureties on a bond are insufficient; or |
|
(B) a bond is defective; |
|
(3) the amount of a bond is insufficient; |
|
(4) a surety on a bond petitions the court to be |
|
discharged from future liability on the bond; or |
|
(5) a bond and the record of the bond have been lost or |
|
destroyed. |
|
SECTION 8.014. Section 309.051(b), Estates Code, as |
|
effective January 1, 2014, is amended to more closely conform to the |
|
source law from which it was derived to read as follows: |
|
(b) The personal representative shall: |
|
(1) set out in the inventory the representative's |
|
appraisement of the fair market value on the date of the decedent's |
|
death of each item in the inventory; or |
|
(2) if the court has appointed one or more appraisers |
|
for the estate [under Subchapter A]: |
|
(A) determine the fair market value of each item |
|
in the inventory with the assistance of the appraiser or |
|
appraisers; and |
|
(B) set out that appraisement in the inventory. |
|
SECTION 8.015. Section 355.102(g), Estates Code, as |
|
effective January 1, 2014, is amended to conform to Section 25.151, |
|
Chapter 87 (S.B. 1969), Acts of the 81st Legislature, Regular |
|
Session, 2009, to read as follows: |
|
(g) Class 6 claims are composed of claims for the cost of |
|
confinement established by the [institutional division of the] |
|
Texas Department of Criminal Justice under Section 501.017, |
|
Government Code. |
|
SECTION 8.016. Section 357.002(b), Estates Code, as |
|
effective January 1, 2014, is amended to more closely conform to the |
|
source law from which it was derived to read as follows: |
|
(b) If the court finds that granting an application filed |
|
under Subsection (a) is in the interest of the estate, the court |
|
shall grant the application and issue an order that: |
|
(1) describes the property to be rented; and |
|
(2) states whether the property will be rented at |
|
public auction or privately, whether for cash or on credit, and if |
|
on credit, the extent of the credit and the period for which the |
|
property may be rented. |
|
SECTION 8.017. Section 358.152(d), Estates Code, as |
|
effective January 1, 2014, is amended to conform to Section 9, |
|
Chapter 602 (H.B. 585), Acts of the 81st Legislature, Regular |
|
Session, 2009, to read as follows: |
|
(d) The agreement may not be recorded in the judge's probate |
|
docket [minutes]. |
|
SECTION 8.018. Section 362.009, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 10, Chapter 602 |
|
(H.B. 585), Acts of the 81st Legislature, Regular Session, 2009, to |
|
read as follows: |
|
Sec. 362.009. MONEY DUE TO ESTATE PENDING FINAL DISCHARGE. |
|
Money or another thing of value that becomes due to the estate while |
|
an account for final settlement is pending may be paid, delivered, |
|
or tendered to the personal representative until the order of final |
|
discharge of the representative is entered in the judge's probate |
|
docket [minutes of the court]. The representative shall issue a |
|
receipt for the money or other thing of value to the obligor or |
|
payor. On issuance of the receipt, the obligor or payor is |
|
discharged of the obligation for all purposes. |
|
SECTION 8.019. Sections 501.004(a) and (b), Estates Code, |
|
as effective January 1, 2014, are amended to conform to Section 6, |
|
Chapter 602 (H.B. 585), Acts of the 81st Legislature, Regular |
|
Session, 2009, to read as follows: |
|
(a) If a foreign will submitted for ancillary probate in |
|
this state has been admitted to probate or otherwise established in |
|
the jurisdiction in which the testator was domiciled at the time of |
|
the testator's death, it is the ministerial duty of the court clerk |
|
to record the will and the evidence of the will's probate or other |
|
establishment in the judge's probate docket [minutes of the court]. |
|
(b) If a foreign will submitted for ancillary probate in |
|
this state has been admitted to probate or otherwise established in |
|
a jurisdiction other than the jurisdiction in which the testator |
|
was domiciled at the time of the testator's death, and a contest |
|
against the ancillary probate is not filed as authorized by Chapter |
|
504, the court clerk shall record the will and the evidence of the |
|
will's probate or other establishment in the judge's probate docket |
|
[minutes of the court]. |
|
SECTION 8.020. Section 504.051, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 7, Chapter 602 |
|
(H.B. 585), Acts of the 81st Legislature, Regular Session, 2009, to |
|
read as follows: |
|
Sec. 504.051. NOTICE OF WILL CONTEST IN FOREIGN |
|
JURISDICTION. Verified notice that a proceeding to contest a will |
|
probated or established in a foreign jurisdiction has been |
|
commenced in that jurisdiction may be filed and recorded in the |
|
judge's probate docket [minutes] of the court in this state in which |
|
the foreign will was probated, or in the deed records of any county |
|
of this state in which the foreign will was recorded, within the |
|
time limits for the contest of a foreign will in this state. |
|
SECTION 8.021. Section 551.006(b), Estates Code, as |
|
effective January 1, 2014, is amended to conform to Section 11, |
|
Chapter 602 (H.B. 585), Acts of the 81st Legislature, Regular |
|
Session, 2009, to read as follows: |
|
(b) The court clerk shall record the comptroller's receipt |
|
in the judge's probate docket [minutes of the court]. |
|
SECTION 8.022. Section 22.023, Estates Code, as effective |
|
January 1, 2014, is repealed to conform to Section 19(2), Chapter |
|
602 (H.B. 585), Acts of the 81st Legislature, Regular Session, |
|
2009. |
|
SECTION 8.023. Section 53.105, Estates Code, as effective |
|
January 1, 2014, is repealed to conform to Section 3, Chapter 602 |
|
(H.B. 585), Acts of the 81st Legislature, Regular Session, 2009. |
|
SECTION 8.024. It is the intent of the legislature that, |
|
with respect to any provision of the Texas Probate Code that is |
|
transferred by Chapter 680 (H.B. 2502), Acts of the 81st |
|
Legislature, Regular Session, 2009, to the Estates Code and |
|
redesignated as a provision of that code effective January 1, 2014, |
|
the transferred provision include all amendments to that provision |
|
enacted by the 81st, 82nd, and 83rd Legislatures and any |
|
reenactments of the provision by those legislatures. |
|
SECTION 8.025. (a) This section applies in addition to the |
|
saving provisions specified by Sections 311.031(c) and (d), |
|
Government Code (Code Construction Act). |
|
(b) The repeal of a statute by Chapter 680 (H.B. 2502), Acts |
|
of the 81st Legislature, Regular Session, 2009, does not affect an |
|
amendment, revision, or reenactment of the statute by the 82nd or |
|
83rd Legislature. The amendment, revision, or reenactment made by |
|
the 82nd or 83rd Legislature is preserved and given effect as part |
|
of the code provision that revised the statute so amended, revised, |
|
or reenacted. |
|
(c) If any provision of Title 1 or Subtitle B, C, D, E, F, G, |
|
H, J, K, or L, Title 2, Estates Code, as enacted by Chapter 680 (H.B. |
|
2502), Acts of the 81st Legislature, Regular Session, 2009, |
|
effective January 1, 2014, conflicts with a statute enacted by the |
|
82nd or 83rd Legislature, the statute controls. |
|
SECTION 8.026. (a) Except as otherwise provided by this |
|
section, this article takes effect January 1, 2014. |
|
(b) Sections 8.024 and 8.025 take effect September 1, 2011. |
|
ARTICLE 9. CHANGES RELATING TO FAMILY CODE |
|
SECTION 9.001. Section 154.062(c), Family Code, as amended |
|
by Chapters 767 (S.B. 865), 834 (S.B. 1820), and 1118 (H.B. 1151), |
|
Acts of the 81st Legislature, Regular Session, 2009, is reenacted |
|
and amended to read as follows: |
|
(c) Resources do not include: |
|
(1) return of principal or capital; |
|
(2) accounts receivable; |
|
(3) benefits paid in accordance with the Temporary |
|
Assistance for Needy Families program or another federal public |
|
assistance program [programs]; or |
|
(4) payments for foster care of a child. |
|
SECTION 9.002. Section 263.502(c), Family Code, as amended |
|
by Chapters 108 (H.B. 1629) and 1372 (S.B. 939), Acts of the 81st |
|
Legislature, Regular Session, 2009, is reenacted and amended to |
|
read as follows: |
|
(c) The placement review report must identify the |
|
department's permanency goal for the child and must: |
|
(1) evaluate whether the child's current placement is |
|
appropriate for meeting the child's needs; |
|
(2) evaluate whether efforts have been made to ensure |
|
placement of the child in the least restrictive environment |
|
consistent with the best interest and special needs of the child if |
|
the child is placed in institutional care; |
|
(3) contain a transition plan for a child who is at |
|
least 16 years of age that identifies the services and specific |
|
tasks that are needed to assist the child in making the transition |
|
from substitute care to adult living and describes the services |
|
that are being provided through the Transitional Living Services |
|
Program operated by the department; |
|
(4) evaluate whether the child's current educational |
|
placement is appropriate for meeting the child's academic needs; |
|
(5) identify other plans or services that are needed |
|
to meet the child's special needs or circumstances; |
|
(6) describe the efforts of the department or |
|
authorized agency to place the child for adoption if parental |
|
rights to the child have been terminated and the child is eligible |
|
for adoption, including efforts to provide adoption promotion and |
|
support services as defined by 42 U.S.C. Section 629a and other |
|
efforts consistent with the federal Adoption and Safe Families Act |
|
of 1997 (Pub. L. No. 105-89); [and] |
|
(7) for a child for whom the department has been named |
|
managing conservator in a final order that does not include |
|
termination of parental rights, describe the efforts of the |
|
department to find a permanent placement for the child, including |
|
efforts to: |
|
(A) work with the caregiver with whom the child |
|
is placed to determine whether that caregiver is willing to become a |
|
permanent placement for the child; |
|
(B) locate a relative or other suitable |
|
individual to serve as permanent managing conservator of the child; |
|
and |
|
(C) evaluate any change in a parent's |
|
circumstances to determine whether: |
|
(i) the child can be returned to the parent; |
|
or |
|
(ii) parental rights should be terminated; |
|
and |
|
(8) [(7)] with respect to a child committed to the |
|
Texas Youth Commission or released under supervision by the Texas |
|
Youth Commission: |
|
(A) evaluate whether the child's needs for |
|
treatment and education are being met; |
|
(B) describe, using information provided by the |
|
Texas Youth Commission, the child's progress in any rehabilitation |
|
program administered by the Texas Youth Commission; and |
|
(C) recommend other plans or services to meet the |
|
child's needs. |
|
SECTION 9.003. Section 263.503, Family Code, as amended by |
|
Chapters 108 (H.B. 1629) and 1372 (S.B. 939), Acts of the 81st |
|
Legislature, Regular Session, 2009, is reenacted and amended to |
|
read as follows: |
|
Sec. 263.503. PLACEMENT REVIEW HEARINGS; PROCEDURE. |
|
(a) At each placement review hearing, the court shall determine |
|
whether: |
|
(1) the child's current placement is necessary, safe, |
|
and appropriate for meeting the child's needs, including with |
|
respect to a child placed outside of the state, whether the |
|
placement continues to be appropriate and in the best interest of |
|
the child; |
|
(2) efforts have been made to ensure placement of the |
|
child in the least restrictive environment consistent with the best |
|
interest and special needs of the child if the child is placed in |
|
institutional care; |
|
(3) the services that are needed to assist a child who |
|
is at least 16 years of age in making the transition from substitute |
|
care to independent living are available in the community; |
|
(4) other plans or services are needed to meet the |
|
child's special needs or circumstances; |
|
(5) the department or authorized agency has exercised |
|
due diligence in attempting to place the child for adoption if |
|
parental rights to the child have been terminated and the child is |
|
eligible for adoption; |
|
(6) for a child for whom the department has been named |
|
managing conservator in a final order that does not include |
|
termination of parental rights, a permanent placement, including |
|
appointing a relative as permanent managing conservator or |
|
returning the child to a parent, is appropriate for the child; |
|
(7) for a child whose permanency goal is another |
|
planned, permanent living arrangement, the department has: |
|
(A) documented a compelling reason why adoption, |
|
permanent managing conservatorship with a relative or other |
|
suitable individual, or returning the child to a parent is not in |
|
the child's best interest; and |
|
(B) identified a family or other caring adult who |
|
has made a permanent commitment to the child; [and] |
|
(8) the department or authorized agency has made |
|
reasonable efforts to finalize the permanency plan that is in |
|
effect for the child; and |
|
(9) [(7)] if the child is committed to the Texas Youth |
|
Commission or released under supervision by the Texas Youth |
|
Commission, the child's needs for treatment, rehabilitation, and |
|
education are being met. |
|
(b) For a child for whom the department has been named |
|
managing conservator in a final order that does not include |
|
termination of parental rights, the court may order the department |
|
to provide services to a parent for not more than six months after |
|
the date of the placement review hearing if: |
|
(1) the child has not been placed with a relative or |
|
other individual, including a foster parent, who is seeking |
|
permanent managing conservatorship of the child; and |
|
(2) the court determines that further efforts at |
|
reunification with a parent are: |
|
(A) in the best interest of the child; and |
|
(B) likely to result in the child's safe return |
|
to the child's parent. |
|
ARTICLE 10. CHANGES RELATING TO FINANCE CODE |
|
SECTION 10.001. Section 157.012, Finance Code, as added by |
|
Chapters 1104 (H.B. 10) and 1147 (H.B. 2779), Acts of the 81st |
|
Legislature, Regular Session, 2009, is reenacted to read as |
|
follows: |
|
Sec. 157.012. LICENSE REQUIRED FOR CERTAIN EMPLOYEES OF |
|
MORTGAGE BANKERS. (a) In this section, "Nationwide Mortgage |
|
Licensing System and Registry" and "residential mortgage loan |
|
originator" have the meanings assigned by Section 180.002. |
|
(b) An employee of a mortgage banker may not act in the |
|
capacity of a residential mortgage loan originator unless the |
|
employee: |
|
(1) is licensed under this chapter and enrolled with |
|
the Nationwide Mortgage Licensing System and Registry as required |
|
by Section 180.052; and |
|
(2) complies with other applicable requirements of |
|
Chapter 180 and rules adopted by the finance commission under that |
|
chapter. |
|
(c) The finance commission may adopt rules under this |
|
chapter as required to carry out the intentions of the federal |
|
Secure and Fair Enforcement for Mortgage Licensing Act of 2008 |
|
(Pub. L. No. 110-289). |
|
(d) To be eligible to be licensed as a residential mortgage |
|
loan originator, an employee of a mortgage banker, in addition to |
|
the requirements of Subsection (b), must: |
|
(1) satisfy the commissioner as to the employee's good |
|
moral character, including the employee's honesty, |
|
trustworthiness, and integrity; |
|
(2) not be in violation of this chapter or a rule |
|
adopted under this chapter; and |
|
(3) provide the commissioner with satisfactory |
|
evidence that the employee meets the qualifications provided by |
|
Chapter 180. |
|
SECTION 10.002. Section 348.208(b), Finance Code, as |
|
amended by Chapters 36 (S.B. 778) and 149 (S.B. 1966), Acts of the |
|
81st Legislature, Regular Session, 2009, is reenacted and amended |
|
to read as follows: |
|
(b) A retail installment contract may include as a separate |
|
charge an amount for: |
|
(1) motor vehicle property damage or bodily injury |
|
liability insurance; |
|
(2) mechanical breakdown insurance; |
|
(3) participation in a motor vehicle theft protection |
|
plan; |
|
(4) insurance to reimburse the retail buyer for the |
|
amount computed by subtracting the proceeds of the buyer's basic |
|
collision policy on the motor vehicle from the amount owed on the |
|
vehicle if the vehicle has been rendered a total loss; |
|
(5) a warranty or service contract relating to the |
|
motor vehicle; [or] |
|
(6) an identity recovery service contract defined by |
|
Section 1306.003, Occupations Code; or |
|
(7) [(6)] a debt cancellation agreement if the |
|
agreement is included as a term of a retail installment contract |
|
under Section 348.124. |
|
ARTICLE 11. CHANGES RELATING TO GOVERNMENT CODE |
|
PART A. GENERAL CHANGES |
|
SECTION 11.001. Section 76.011(b), Government Code, is |
|
amended to correct a reference to read as follows: |
|
(b) The department may use money deposited in the special |
|
fund of the county treasury for the department under Article |
|
103.004(d) [103.004(b)], Code of Criminal Procedure, only for the |
|
same purposes for which state aid may be used under this chapter. |
|
SECTION 11.002. Section 316.002(a), Government Code, is |
|
amended to correct a reference to read as follows: |
|
(a) Before the Legislative Budget Board submits the budget |
|
as prescribed by Section 322.008(c) [322.008(b)], the board shall |
|
establish: |
|
(1) the estimated rate of growth of the state's economy |
|
from the current biennium to the next biennium; |
|
(2) the level of appropriations for the current |
|
biennium from state tax revenues not dedicated by the constitution; |
|
and |
|
(3) the amount of state tax revenues not dedicated by |
|
the constitution that could be appropriated for the next biennium |
|
within the limit established by the estimated rate of growth of the |
|
state's economy. |
|
SECTION 11.003. Section 403.302(d), Government Code, as |
|
amended by Chapters 1186 (H.B. 3676) and 1328 (H.B. 3646), Acts of |
|
the 81st Legislature, Regular Session, 2009, is reenacted to read |
|
as follows: |
|
(d) For the purposes of this section, "taxable value" means |
|
the market value of all taxable property less: |
|
(1) the total dollar amount of any residence homestead |
|
exemptions lawfully granted under Section 11.13(b) or (c), Tax |
|
Code, in the year that is the subject of the study for each school |
|
district; |
|
(2) one-half of the total dollar amount of any |
|
residence homestead exemptions granted under Section 11.13(n), Tax |
|
Code, in the year that is the subject of the study for each school |
|
district; |
|
(3) the total dollar amount of any exemptions granted |
|
before May 31, 1993, within a reinvestment zone under agreements |
|
authorized by Chapter 312, Tax Code; |
|
(4) subject to Subsection (e), the total dollar amount |
|
of any captured appraised value of property that: |
|
(A) is within a reinvestment zone created on or |
|
before May 31, 1999, or is proposed to be included within the |
|
boundaries of a reinvestment zone as the boundaries of the zone and |
|
the proposed portion of tax increment paid into the tax increment |
|
fund by a school district are described in a written notification |
|
provided by the municipality or the board of directors of the zone |
|
to the governing bodies of the other taxing units in the manner |
|
provided by Section 311.003(e), Tax Code, before May 31, 1999, and |
|
within the boundaries of the zone as those boundaries existed on |
|
September 1, 1999, including subsequent improvements to the |
|
property regardless of when made; |
|
(B) generates taxes paid into a tax increment |
|
fund created under Chapter 311, Tax Code, under a reinvestment zone |
|
financing plan approved under Section 311.011(d), Tax Code, on or |
|
before September 1, 1999; and |
|
(C) is eligible for tax increment financing under |
|
Chapter 311, Tax Code; |
|
(5) the total dollar amount of any captured appraised |
|
value of property that: |
|
(A) is within a reinvestment zone: |
|
(i) created on or before December 31, 2008, |
|
by a municipality with a population of less than 18,000; and |
|
(ii) the project plan for which includes |
|
the alteration, remodeling, repair, or reconstruction of a |
|
structure that is included on the National Register of Historic |
|
Places and requires that a portion of the tax increment of the zone |
|
be used for the improvement or construction of related facilities |
|
or for affordable housing; |
|
(B) generates school district taxes that are paid |
|
into a tax increment fund created under Chapter 311, Tax Code; and |
|
(C) is eligible for tax increment financing under |
|
Chapter 311, Tax Code; |
|
(6) the total dollar amount of any exemptions granted |
|
under Section 11.251 or 11.253, Tax Code; |
|
(7) the difference between the comptroller's estimate |
|
of the market value and the productivity value of land that |
|
qualifies for appraisal on the basis of its productive capacity, |
|
except that the productivity value estimated by the comptroller may |
|
not exceed the fair market value of the land; |
|
(8) the portion of the appraised value of residence |
|
homesteads of individuals who receive a tax limitation under |
|
Section 11.26, Tax Code, on which school district taxes are not |
|
imposed in the year that is the subject of the study, calculated as |
|
if the residence homesteads were appraised at the full value |
|
required by law; |
|
(9) a portion of the market value of property not |
|
otherwise fully taxable by the district at market value because of: |
|
(A) action required by statute or the |
|
constitution of this state that, if the tax rate adopted by the |
|
district is applied to it, produces an amount equal to the |
|
difference between the tax that the district would have imposed on |
|
the property if the property were fully taxable at market value and |
|
the tax that the district is actually authorized to impose on the |
|
property, if this subsection does not otherwise require that |
|
portion to be deducted; or |
|
(B) action taken by the district under Subchapter |
|
B or C, Chapter 313, Tax Code, before the expiration of the |
|
subchapter; |
|
(10) the market value of all tangible personal |
|
property, other than manufactured homes, owned by a family or |
|
individual and not held or used for the production of income; |
|
(11) the appraised value of property the collection of |
|
delinquent taxes on which is deferred under Section 33.06, Tax |
|
Code; |
|
(12) the portion of the appraised value of property |
|
the collection of delinquent taxes on which is deferred under |
|
Section 33.065, Tax Code; and |
|
(13) the amount by which the market value of a |
|
residence homestead to which Section 23.23, Tax Code, applies |
|
exceeds the appraised value of that property as calculated under |
|
that section. |
|
SECTION 11.004. Section 403.302(m), Government Code, as |
|
added by Chapter 1186 (H.B. 3676), Acts of the 81st Legislature, |
|
Regular Session, 2009, is amended to conform to Section 80, Chapter |
|
1328 (H.B. 3646), Acts of the 81st Legislature, Regular Session, |
|
2009, to read as follows: |
|
(m) Subsection (d)(9) [(d)(10)] does not apply to property |
|
that was the subject of an application under Subchapter B or C, |
|
Chapter 313, Tax Code, made after May 1, 2009, that the comptroller |
|
recommended should be disapproved. |
|
SECTION 11.005. Section 411.081(i), Government Code, as |
|
amended by Chapters 183 (H.B. 1830), 780 (S.B. 1056), 816 (S.B. |
|
1599), and 1027 (H.B. 4343), Acts of the 81st Legislature, Regular |
|
Session, 2009, is reenacted and amended to read as follows: |
|
(i) A criminal justice agency may disclose criminal history |
|
record information that is the subject of an order of nondisclosure |
|
under Subsection (d) to the following noncriminal justice agencies |
|
or entities only: |
|
(1) the State Board for Educator Certification; |
|
(2) a school district, charter school, private school, |
|
regional education service center, commercial transportation |
|
company, or education shared service arrangement; |
|
(3) the Texas Medical Board; |
|
(4) the Texas School for the Blind and Visually |
|
Impaired; |
|
(5) the Board of Law Examiners; |
|
(6) the State Bar of Texas; |
|
(7) a district court regarding a petition for name |
|
change under Subchapter B, Chapter 45, Family Code; |
|
(8) the Texas School for the Deaf; |
|
(9) the Department of Family and Protective Services; |
|
(10) the Texas Youth Commission; |
|
(11) the Department of Assistive and Rehabilitative |
|
Services; |
|
(12) the Department of State Health Services, a local |
|
mental health service, a local mental retardation authority, or a |
|
community center providing services to persons with mental illness |
|
or retardation; |
|
(13) the Texas Private Security Board; |
|
(14) a municipal or volunteer fire department; |
|
(15) the Texas Board of Nursing; |
|
(16) a safe house providing shelter to children in |
|
harmful situations; |
|
(17) a public or nonprofit hospital or hospital |
|
district; |
|
(18) the Texas Juvenile Probation Commission; |
|
(19) the securities commissioner, the banking |
|
commissioner, the savings and mortgage lending commissioner, or the |
|
credit union commissioner; |
|
(20) the Texas State Board of Public Accountancy; |
|
(21) the Texas Department of Licensing and Regulation; |
|
(22) the Health and Human Services Commission; |
|
(23) the Department of Aging and Disability Services; |
|
(24) the Texas Education Agency; [and] |
|
(25) the Guardianship Certification Board; [and] |
|
(26) a county clerk's office in relation to a |
|
proceeding for the appointment of a guardian under Chapter XIII, |
|
Texas Probate Code; |
|
(27) [(25)] the Department of Information Resources |
|
but only regarding an employee, applicant for employment, |
|
contractor, subcontractor, intern, or volunteer who provides |
|
network security services under Chapter 2059 to: |
|
(A) the Department of Information Resources; or |
|
(B) a contractor or subcontractor of the |
|
Department of Information Resources; |
|
(28) [(25)] the Court Reporters Certification Board; |
|
and |
|
(29) [(25)] the Texas Department of Insurance. |
|
SECTION 11.006. Section 411.122(d), Government Code, as |
|
amended by Chapters 213 (S.B. 1005), 450 (H.B. 2447), and 933 |
|
(H.B. 3097), Acts of the 81st Legislature, Regular Session, 2009, |
|
is reenacted to read as follows: |
|
(d) The following state agencies are subject to this |
|
section: |
|
(1) Texas Appraiser Licensing and Certification |
|
Board; |
|
(2) Texas Board of Architectural Examiners; |
|
(3) Texas Board of Chiropractic Examiners; |
|
(4) State Board of Dental Examiners; |
|
(5) Texas Board of Professional Engineers; |
|
(6) Texas Funeral Service Commission; |
|
(7) Texas Board of Professional Geoscientists; |
|
(8) Department of State Health Services, except as |
|
provided by Section 411.110, and agencies attached to the |
|
department, including: |
|
(A) Texas State Board of Examiners of Dietitians; |
|
(B) Texas State Board of Examiners of Marriage |
|
and Family Therapists; |
|
(C) Midwifery Board; |
|
(D) Texas State Perfusionist Advisory Committee; |
|
(E) Texas State Board of Examiners of |
|
Professional Counselors; |
|
(F) Texas State Board of Social Worker Examiners; |
|
(G) State Board of Examiners for Speech-Language |
|
Pathology and Audiology; |
|
(H) Advisory Board of Athletic Trainers; |
|
(I) State Committee of Examiners in the Fitting |
|
and Dispensing of Hearing Instruments; |
|
(J) Texas Board of Licensure for Professional |
|
Medical Physicists; and |
|
(K) Texas Board of Orthotics and Prosthetics; |
|
(9) Texas Board of Professional Land Surveying; |
|
(10) Texas Department of Licensing and Regulation, |
|
except as provided by Section 411.093; |
|
(11) Texas Commission on Environmental Quality; |
|
(12) Texas Board of Occupational Therapy Examiners; |
|
(13) Texas Optometry Board; |
|
(14) Texas State Board of Pharmacy; |
|
(15) Texas Board of Physical Therapy Examiners; |
|
(16) Texas State Board of Plumbing Examiners; |
|
(17) Texas State Board of Podiatric Medical Examiners; |
|
(18) Texas State Board of Examiners of Psychologists; |
|
(19) Texas Real Estate Commission; |
|
(20) Texas Department of Transportation; |
|
(21) State Board of Veterinary Medical Examiners; |
|
(22) Texas Department of Housing and Community |
|
Affairs; |
|
(23) secretary of state; |
|
(24) state fire marshal; |
|
(25) Texas Education Agency; |
|
(26) Department of Agriculture; and |
|
(27) Texas Department of Motor Vehicles. |
|
SECTION 11.007. Section 411.190(d-1), Government Code, as |
|
added by Sections 5.11 and 11.15, Chapter 1146 (H.B. 2730), Acts of |
|
the 81st Legislature, Regular Session, 2009, is reenacted to read |
|
as follows: |
|
(d-1) The department shall ensure that an applicant may |
|
renew certification under Subsection (d) from any county in this |
|
state by using an online format to complete the required retraining |
|
courses if: |
|
(1) the applicant is renewing certification for the |
|
first time; or |
|
(2) the applicant completed the required retraining |
|
courses in person the previous time the applicant renewed |
|
certification. |
|
SECTION 11.008. Section 418.016, Government Code, as |
|
amended by Chapters 990 (H.B. 3851) and 1280 (H.B. 1831), Acts of |
|
the 81st Legislature, Regular Session, 2009, is reenacted and |
|
amended to read as follows: |
|
Sec. 418.016. SUSPENSION OF CERTAIN LAWS AND RULES. |
|
(a) The governor may suspend the provisions of any regulatory |
|
statute prescribing the procedures for conduct of state business or |
|
the orders or rules of a state agency if strict compliance with the |
|
provisions, orders, or rules would in any way prevent, hinder, or |
|
delay necessary action in coping with a disaster. |
|
(b) Upon declaration of a state of disaster, enforcement of |
|
the regulation of on-premise outdoor signs under Subchapter A, |
|
Chapter 216, Local Government Code, by a municipality that is |
|
located in a county within, or that is located in a county adjacent |
|
to a county within, the disaster area specified by the declaration |
|
is suspended to allow licensed or admitted insurance carriers or |
|
licensed agents acting on behalf of insurance carriers to erect |
|
temporary claims service signage for not more than 30 days or until |
|
the end of the declaration of disaster, whichever is earlier. |
|
(c) A temporary claims service sign shall not: |
|
(1) be larger than forty square feet in size; [and] |
|
(2) be more than five feet in height; and |
|
(3) be placed in the right of way. |
|
(d) [(4)] At the end of the 30 days or the end of the |
|
declaration of disaster, whichever is earlier, the insurance |
|
carrier or its licensed agents must remove the temporary claims |
|
service signage that was erected. |
|
(e) [(b)] On request of a political subdivision, the |
|
governor may waive or suspend a deadline imposed by a statute or the |
|
orders or rules of a state agency on the political subdivision, |
|
including a deadline relating to a budget or ad valorem tax, if the |
|
waiver or suspension is reasonably necessary to cope with a |
|
disaster. |
|
SECTION 11.009. Section 418.042(a), Government Code, as |
|
amended by Chapters 365 (H.B. 1326) and 1280 (H.B. 1831), Acts of |
|
the 81st Legislature, Regular Session, 2009, is reenacted and |
|
amended to read as follows: |
|
(a) The division shall prepare and keep current a |
|
comprehensive state emergency management plan. The plan may |
|
include: |
|
(1) provisions for prevention and minimization of |
|
injury and damage caused by disaster; |
|
(2) provisions for prompt and effective response to |
|
disaster; |
|
(3) provisions for emergency relief; |
|
(4) provisions for energy emergencies; |
|
(5) identification of areas particularly vulnerable |
|
to disasters; |
|
(6) recommendations for zoning, building |
|
restrictions, and other land-use controls, safety measures for |
|
securing mobile homes or other nonpermanent or semipermanent |
|
structures, and other preventive and preparedness measures |
|
designed to eliminate or reduce disasters or their impact; |
|
(7) provisions for assistance to local officials in |
|
designing local emergency management plans; |
|
(8) authorization and procedures for the erection or |
|
other construction of temporary works designed to protect against |
|
or mitigate danger, damage, or loss from flood, fire, or other |
|
disaster; |
|
(9) preparation and distribution to the appropriate |
|
state and local officials of state catalogs of federal, state, and |
|
private assistance programs; |
|
(10) organization of manpower and channels of |
|
assistance; |
|
(11) coordination of federal, state, and local |
|
emergency management activities; |
|
(12) coordination of the state emergency management |
|
plan with the emergency management plans of the federal government; |
|
(13) coordination of federal and state energy |
|
emergency plans; |
|
(14) provisions for providing information to local |
|
officials on activation of the Emergency Alert System established |
|
under 47 C.F.R. Part 11; |
|
(15) a database of public facilities that may be used |
|
under Section 418.017 to shelter individuals during a disaster, |
|
including air-conditioned facilities for shelter during an extreme |
|
heat disaster and fortified structures for shelter during a wind |
|
disaster; [and] |
|
(16) provisions for quickly replenishing the food |
|
supplies of area food banks or food pantries following a disaster; |
|
and |
|
(17) [(16)] other necessary matters relating to |
|
disasters. |
|
SECTION 11.010. Section 418.043, Government Code, as |
|
amended by Chapters 1280 (H.B. 1831) and 1408 (H.B. 4409), Acts of |
|
the 81st Legislature, Regular Session, 2009, is reenacted and |
|
amended to read as follows: |
|
Sec. 418.043. OTHER POWERS AND DUTIES. The division shall: |
|
(1) determine requirements of the state and its |
|
political subdivisions for food, clothing, and other necessities in |
|
event of a disaster; |
|
(2) procure and position supplies, medicines, |
|
materials, and equipment; |
|
(3) adopt standards and requirements for local and |
|
interjurisdictional emergency management plans; |
|
(4) periodically review local and interjurisdictional |
|
emergency management plans; |
|
(5) coordinate deployment of mobile support units; |
|
(6) establish and operate training programs and |
|
programs of public information or assist political subdivisions and |
|
emergency management agencies to establish and operate the |
|
programs; |
|
(7) make surveys of public and private industries, |
|
resources, and facilities in the state that are necessary to carry |
|
out the purposes of this chapter; |
|
(8) plan and make arrangements for the availability |
|
and use of any private facilities, services, and property and |
|
provide for payment for use under terms and conditions agreed on if |
|
the facilities are used and payment is necessary; |
|
(9) establish a register of persons with types of |
|
training and skills important in disaster mitigation, |
|
preparedness, response, and recovery; |
|
(10) establish a register of mobile and construction |
|
equipment and temporary housing available for use in a disaster; |
|
(11) assist political subdivisions in developing |
|
plans for the humane evacuation, transport, and temporary |
|
sheltering of service animals and household pets in a disaster; |
|
(12) prepare, for issuance by the governor, executive |
|
orders and regulations necessary or appropriate in coping with |
|
disasters; |
|
(13) cooperate with the federal government and any |
|
public or private agency or entity in achieving any purpose of this |
|
chapter and in implementing programs for disaster mitigation, |
|
preparation, response, and recovery; |
|
(14) develop a plan to raise public awareness and |
|
expand the capability of the information and referral network under |
|
Section 531.0312; |
|
(15) improve the integration of volunteer groups, |
|
including faith-based organizations, into emergency management |
|
plans; |
|
(16) cooperate with the Federal Emergency Management |
|
Agency to create uniform guidelines for acceptable home repairs |
|
following disasters and promote public awareness of the guidelines; |
|
(17) cooperate with state agencies to: |
|
(A) encourage the public to participate in |
|
volunteer emergency response teams and organizations that respond |
|
to disasters; and |
|
(B) provide information on those programs in |
|
state disaster preparedness and educational materials and on |
|
Internet websites; |
|
(18) establish a liability awareness program for |
|
volunteers, including medical professionals; [and] |
|
(19) define "individuals with special needs" in the |
|
context of a disaster; and |
|
(20) [(15)] do other things necessary, incidental, or |
|
appropriate for the implementation of this chapter. |
|
SECTION 11.011. Section 434.017(a), Government Code, as |
|
amended by Chapters 840 (S.B. 1940) and 1385 (S.B. 1655), Acts of |
|
the 81st Legislature, Regular Session, 2009, is reenacted and |
|
amended to read as follows: |
|
(a) The fund for veterans' assistance is a special fund in |
|
the state treasury outside the general revenue fund. The fund is |
|
composed of: |
|
(1) money transferred to the fund at the direction of |
|
the legislature; |
|
(2) gifts and grants contributed to the fund; |
|
(3) the earnings of the fund; [and] |
|
(4) money transferred to the fund from proceeds of the |
|
lottery game operated under Section 466.027 or transferred to the |
|
fund under Section 466.408(b); and |
|
(5) [(2)] money deposited to the credit of the fund |
|
under Section 502.1746, Transportation Code. |
|
SECTION 11.012. Section 511.009(a), Government Code, as |
|
amended by Chapters 977 (H.B. 3654) and 1215 (S.B. 1009), Acts of |
|
the 81st Legislature, Regular Session, 2009, is reenacted to read |
|
as follows: |
|
(a) The commission shall: |
|
(1) adopt reasonable rules and procedures |
|
establishing minimum standards for the construction, equipment, |
|
maintenance, and operation of county jails; |
|
(2) adopt reasonable rules and procedures |
|
establishing minimum standards for the custody, care, and treatment |
|
of prisoners; |
|
(3) adopt reasonable rules establishing minimum |
|
standards for the number of jail supervisory personnel and for |
|
programs and services to meet the needs of prisoners; |
|
(4) adopt reasonable rules and procedures |
|
establishing minimum requirements for programs of rehabilitation, |
|
education, and recreation in county jails; |
|
(5) revise, amend, or change rules and procedures if |
|
necessary; |
|
(6) provide to local government officials |
|
consultation on and technical assistance for county jails; |
|
(7) review and comment on plans for the construction |
|
and major modification or renovation of county jails; |
|
(8) require that the sheriff and commissioners of each |
|
county submit to the commission, on a form prescribed by the |
|
commission, an annual report on the conditions in each county jail |
|
within their jurisdiction, including all information necessary to |
|
determine compliance with state law, commission orders, and the |
|
rules adopted under this chapter; |
|
(9) review the reports submitted under Subdivision (8) |
|
and require commission employees to inspect county jails regularly |
|
to ensure compliance with state law, commission orders, and rules |
|
and procedures adopted under this chapter; |
|
(10) adopt a classification system to assist sheriffs |
|
and judges in determining which defendants are low-risk and |
|
consequently suitable participants in a county jail work release |
|
program under Article 42.034, Code of Criminal Procedure; |
|
(11) adopt rules relating to requirements for |
|
segregation of classes of inmates and to capacities for county |
|
jails; |
|
(12) require that the chief jailer of each municipal |
|
lockup submit to the commission, on a form prescribed by the |
|
commission, an annual report of persons under 17 years of age |
|
securely detained in the lockup, including all information |
|
necessary to determine compliance with state law concerning secure |
|
confinement of children in municipal lockups; |
|
(13) at least annually determine whether each county |
|
jail is in compliance with the rules and procedures adopted under |
|
this chapter; |
|
(14) require that the sheriff and commissioners court |
|
of each county submit to the commission, on a form prescribed by the |
|
commission, an annual report of persons under 17 years of age |
|
securely detained in the county jail, including all information |
|
necessary to determine compliance with state law concerning secure |
|
confinement of children in county jails; |
|
(15) schedule announced and unannounced inspections |
|
of jails under the commission's jurisdiction using the risk |
|
assessment plan established under Section 511.0085 to guide the |
|
inspections process; |
|
(16) adopt a policy for gathering and distributing to |
|
jails under the commission's jurisdiction information regarding: |
|
(A) common issues concerning jail |
|
administration; |
|
(B) examples of successful strategies for |
|
maintaining compliance with state law and the rules, standards, and |
|
procedures of the commission; and |
|
(C) solutions to operational challenges for |
|
jails; |
|
(17) report to the Texas Correctional Office on |
|
Offenders with Medical or Mental Impairments on a jail's compliance |
|
with Article 16.22, Code of Criminal Procedure; |
|
(18) adopt reasonable rules and procedures |
|
establishing minimum requirements for jails to: |
|
(A) determine if a prisoner is pregnant; and |
|
(B) ensure that the jail's health services plan |
|
addresses medical and mental health care, including nutritional |
|
requirements, and any special housing or work assignment needs for |
|
persons who are confined in the jail and are known or determined to |
|
be pregnant; and |
|
(19) provide guidelines to sheriffs regarding |
|
contracts between a sheriff and another entity for the provision of |
|
food services to or the operation of a commissary in a jail under |
|
the commission's jurisdiction, including specific provisions |
|
regarding conflicts of interest and avoiding the appearance of |
|
impropriety. |
|
SECTION 11.013. Section 552.149(d), Government Code, as |
|
added by Chapters 555 (S.B. 1813) and ll53 (H.B. 2941), Acts of the |
|
81st Legislature, Regular Session, 2009, and renumbered from |
|
Section 552.148(d), Government Code, by Chapter 87 (S.B. 1969), |
|
Acts of the 81st Legislature, Regular Session, 2009, is reenacted |
|
to read as follows: |
|
(d) Notwithstanding Subsection (a) or Section 403.304, so |
|
as to assist a school district in the preparation of a protest filed |
|
or to be filed under Section 403.303, the school district or an |
|
agent of the school district may, on request, obtain from the |
|
comptroller or the appraisal district any information, including |
|
confidential information, obtained by the comptroller or the |
|
appraisal district that relates to the appraisal of property |
|
involved in the comptroller's finding that is being protested. |
|
Confidential information obtained by a school district or an agent |
|
of the school district under this subsection: |
|
(1) remains confidential in the possession of the |
|
school district or agent; and |
|
(2) may not be disclosed to a person who is not |
|
authorized to receive or inspect the information. |
|
SECTION 11.014. Section 814.102, Government Code, is |
|
amended to correct a reference to read as follows: |
|
Sec. 814.102. ELIGIBILITY OF ELECTED MEMBERS FOR SERVICE |
|
RETIREMENT. Except as provided by rule adopted under Section |
|
813.304(d) or Section 803.202(a)(2) [803.202(2)], a member who has |
|
service credit in the elected class of membership, is eligible to |
|
retire and receive a service retirement annuity if the member: |
|
(1) is at least 60 years old and has 8 years of service |
|
credit in that class; or |
|
(2) is at least 50 years old and has 12 years of |
|
service credit in that class. |
|
SECTION 11.015. Section 824.602(a), Government Code, as |
|
amended by Chapters 674 (S.B. 132) and 1359 (S.B. 1691), Acts of the |
|
79th Legislature, Regular Session, 2005, is reenacted to read as |
|
follows: |
|
(a) Subject to Section 825.506, the retirement system may |
|
not, under Section 824.601, withhold a monthly benefit payment if |
|
the retiree is employed in a Texas public educational institution: |
|
(1) as a substitute only with pay not more than the |
|
daily rate of substitute pay established by the employer and, if the |
|
retiree is a disability retiree, the employment has not exceeded a |
|
total of 90 days in the school year; |
|
(2) in a position, other than as a substitute, on no |
|
more than a one-half time basis for the month; |
|
(3) in one or more positions on as much as a full-time |
|
basis, if the work occurs in not more than six months of a school |
|
year that begins after the retiree's effective date of retirement; |
|
(4) in a position, other than as a substitute, on no |
|
more than a one-half time basis for no more than 90 days in the |
|
school year, if the retiree is a disability retiree; |
|
(5) in a position as a classroom teacher on as much as |
|
a full-time basis, if the retiree has retired under Section |
|
824.202(a) or (a-1), is certified under Subchapter B, Chapter 21, |
|
Education Code, to teach the subjects assigned, is teaching in an |
|
acute shortage area as determined by the board of trustees of a |
|
school district as provided by Subsection (m), and has been |
|
separated from service with all public schools for at least 12 |
|
months; |
|
(6) in a position as a principal, including as an |
|
assistant principal, on as much as a full-time basis, if the retiree |
|
has retired under Section 824.202(a) or (a-1) without reduction for |
|
retirement at an early age, is certified under Subchapter B, |
|
Chapter 21, Education Code, to serve as a principal, and has been |
|
separated from service with all public schools for at least 12 |
|
months; |
|
(7) as a bus driver for a school district on as much as |
|
a full-time basis, if the retiree has retired under Section |
|
824.202(a) or (a-1), and the retiree's primary employment is as a |
|
bus driver; or |
|
(8) as a faculty member, during the period beginning |
|
with the 2005 fall semester and ending on the last day of the 2015 |
|
spring semester, in an undergraduate professional nursing program |
|
or graduate professional nursing program, as defined by Section |
|
54.221, Education Code, and if the retiree has been separated from |
|
service with all public schools for at least 12 months. |
|
SECTION 11.016. Section 1403.002(a), Government Code, is |
|
amended to correct a reference to read as follows: |
|
(a) As provided by Section 49-l [49-1], Article III, Texas |
|
Constitution, the authority shall, in accordance with requests from |
|
the office of the governor: |
|
(1) issue general obligation bonds and notes in an |
|
aggregate amount not to exceed $175 million, as authorized by the |
|
office of the governor under Subsection (b); and |
|
(2) as directed by the Texas Department of |
|
Transportation, distribute the proceeds from the sale of the bonds |
|
and notes to counties to provide financial assistance for colonia |
|
access roadway projects to serve border colonias. |
|
SECTION 11.017. Section 2054.352(a), Government Code, as |
|
amended by Chapters 213 (S.B. 1005) and 450 (H.B. 2447), Acts of the |
|
81st Legislature, Regular Session, 2009, is reenacted to read as |
|
follows: |
|
(a) The following licensing entities shall participate in |
|
the system established under Section 2054.353: |
|
(1) Texas Board of Chiropractic Examiners; |
|
(2) Court Reporters Certification Board; |
|
(3) State Board of Dental Examiners; |
|
(4) Texas Funeral Service Commission; |
|
(5) Texas Board of Professional Land Surveying; |
|
(6) Texas Medical Board; |
|
(7) Texas Board of Nursing; |
|
(8) Texas Optometry Board; |
|
(9) Department of Agriculture, for licenses issued |
|
under Chapter 1951, Occupations Code; |
|
(10) Texas State Board of Pharmacy; |
|
(11) Executive Council of Physical Therapy and |
|
Occupational Therapy Examiners; |
|
(12) Texas State Board of Plumbing Examiners; |
|
(13) Texas State Board of Podiatric Medical Examiners; |
|
(14) Texas State Board of Examiners of Psychologists; |
|
(15) State Board of Veterinary Medical Examiners; |
|
(16) Texas Real Estate Commission; |
|
(17) Texas Appraiser Licensing and Certification |
|
Board; |
|
(18) Texas Department of Licensing and Regulation; |
|
(19) Texas State Board of Public Accountancy; |
|
(20) State Board for Educator Certification; |
|
(21) Texas Board of Professional Engineers; |
|
(22) Department of State Health Services; |
|
(23) Texas Board of Architectural Examiners; |
|
(24) Texas Racing Commission; |
|
(25) Commission on Law Enforcement Officer Standards |
|
and Education; and |
|
(26) Texas Private Security Board. |
|
SECTION 11.018. Section 2113.011(e), Government Code, is |
|
amended to correct a reference to read as follows: |
|
(e) This section does not prohibit the use of appropriated |
|
money for publicity functions authorized under Chapter 204, |
|
Transportation Code [Chapter 193, Acts of the 56th Legislature,
|
|
Regular Session, 1959 (Article 6144e, Vernon's Texas Civil
|
|
Statutes)]. |
|
PART B. UPDATE OF COURT FEES AND COSTS |
|
SECTION 11.101. (a) Section 101.0611, Government Code, is |
|
amended to read as follows: |
|
Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT |
|
CODE. The clerk of a district court shall collect fees and costs |
|
under the Government Code as follows: |
|
(1) appellate judicial system filing fees for: |
|
(A) First or Fourteenth Court of Appeals District |
|
(Sec. 22.2021, Government Code) . . . not more than $5; |
|
(B) Second Court of Appeals District |
|
(Sec. 22.2031, Government Code) . . . not more than $5; |
|
(C) Third Court of Appeals District |
|
(Sec. 22.2041, Government Code) . . . $5; |
|
(D) Fourth Court of Appeals District |
|
(Sec. 22.2051, Government Code) . . . not more than $5; |
|
(E) Fifth Court of Appeals District |
|
(Sec. 22.2061, Government Code) . . . not more than $5; |
|
(E-1) Sixth Court of Appeals District (Sec. |
|
22.2071, Government Code) . . . $5; |
|
(E-2) Seventh Court of Appeals District (Sec. |
|
22.2081, Government Code) . . . $5; |
|
(F) Ninth Court of Appeals District |
|
(Sec. 22.2101, Government Code) . . . $5; |
|
(G) Eleventh Court of Appeals District |
|
(Sec. 22.2121, Government Code) . . . $5; |
|
(G-1) Twelfth Court of Appeals District (Sec. |
|
22.2131, Government Code) . . . $5; and |
|
(H) Thirteenth Court of Appeals District |
|
(Sec. 22.2141, Government Code) . . . not more than $5; |
|
(2) when administering a case for the Rockwall County |
|
Court at Law (Sec. 25.2012, Government Code) . . . civil fees and |
|
court costs as if the case had been filed in district court; |
|
(3) additional filing fees: |
|
(A) for each suit filed for insurance contingency |
|
fund, if authorized by the county commissioners court (Sec. 51.302, |
|
Government Code) . . . not to exceed $5; |
|
(B) to fund the improvement of Dallas County |
|
civil court facilities, if authorized by the county commissioners |
|
court (Sec. 51.705, Government Code) . . . not more than $15; |
|
(B-1) to fund the improvement of Bexar County |
|
court facilities, if authorized by the county commissioners court |
|
(Sec. 51.706, Government Code) . . . not more than $15; [and] |
|
(C) to fund the improvement of Hays County court |
|
facilities, if authorized by the county commissioners court |
|
(Sec. 51.707, Government Code) . . . not more than $15; and |
|
(D) to fund the preservation of court records |
|
(Sec. 51.708, Government Code) . . . not more than $10; |
|
(4) for filing a suit, including an appeal from an |
|
inferior court: |
|
(A) for a suit with 10 or fewer plaintiffs |
|
(Sec. 51.317, Government Code) . . . $50; |
|
(B) for a suit with at least 11 but not more than |
|
25 plaintiffs (Sec. 51.317, Government Code) . . . $75; |
|
(C) for a suit with at least 26 but not more than |
|
100 plaintiffs (Sec. 51.317, Government Code) . . . $100; |
|
(D) for a suit with at least 101 but not more than |
|
500 plaintiffs (Sec. 51.317, Government Code) . . . $125; |
|
(E) for a suit with at least 501 but not more than |
|
1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or |
|
(F) for a suit with more than 1,000 plaintiffs |
|
(Sec. 51.317, Government Code) . . . $200; |
|
(5) for filing a cross-action, counterclaim, |
|
intervention, contempt action, motion for new trial, or third-party |
|
petition (Sec. 51.317, Government Code) . . . $15; |
|
(6) for issuing a citation or other writ or process not |
|
otherwise provided for, including one copy, when requested at the |
|
time a suit or action is filed (Sec. 51.317, Government Code) . . . |
|
$8; |
|
(7) for records management and preservation |
|
(Sec. 51.317, Government Code) . . . $10; |
|
(7-a) for district court records archiving, if adopted |
|
by the county commissioners court (Sec. 51.317(b)(5), Government |
|
Code) . . . not more than $5; |
|
(8) for issuing a subpoena, including one copy |
|
(Sec. 51.318, Government Code) . . . $8; |
|
(9) for issuing a citation, commission for deposition, |
|
writ of execution, order of sale, writ of execution and order of |
|
sale, writ of injunction, writ of garnishment, writ of attachment, |
|
or writ of sequestration not provided for in Section 51.317, or any |
|
other writ or process not otherwise provided for, including one |
|
copy if required by law (Sec. 51.318, Government Code) . . . $8; |
|
(10) for searching files or records to locate a cause |
|
when the docket number is not provided (Sec. 51.318, Government |
|
Code) . . . $5; |
|
(11) for searching files or records to ascertain the |
|
existence of an instrument or record in the district clerk's office |
|
(Sec. 51.318, Government Code) . . . $5; |
|
(12) for abstracting a judgment (Sec. 51.318, |
|
Government Code) . . . $8; |
|
(13) for approving a bond (Sec. 51.318, Government |
|
Code) . . . $4; |
|
(14) for a certified copy of a record, judgment, |
|
order, pleading, or paper on file or of record in the district |
|
clerk's office, including certificate and seal, for each page or |
|
part of a page (Sec. 51.318, Government Code) . . . $1; |
|
(15) for a noncertified copy, for each page or part of |
|
a page (Sec. 51.318, Government Code) . . . not to exceed $1; |
|
(16) fee for performing a service: |
|
(A) related to the matter of the estate of a |
|
deceased person (Sec. 51.319, Government Code) . . . the same fee |
|
allowed the county clerk for those services; |
|
(B) related to the matter of a minor |
|
(Sec. 51.319, Government Code) . . . the same fee allowed the |
|
county clerk for the service; |
|
(C) of serving process by certified or registered |
|
mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or |
|
constable is authorized to charge for the service under Section |
|
118.131, Local Government Code; and |
|
(D) prescribed or authorized by law but for which |
|
no fee is set (Sec. 51.319, Government Code) . . . a reasonable |
|
fee; |
|
(17) jury fee (Sec. 51.604, Government Code) . . . |
|
$30; |
|
(18) additional filing fee for family protection on |
|
filing a suit for dissolution of a marriage under Chapter 6, Family |
|
Code (Sec. 51.961, Government Code) . . . not to exceed $15; |
|
(19) at a hearing held by an associate judge in Dallas |
|
County, a court cost to preserve the record, in the absence of a |
|
court reporter, by other means (Sec. 54.509, Government Code) . . . |
|
as assessed by the referring court or associate judge; and |
|
(20) at a hearing held by an associate judge in Duval |
|
County, a court cost to preserve the record (Sec. 54.1151, |
|
Government Code) . . . as imposed by the referring court or |
|
associate judge. |
|
(b) Sections 101.06111, 101.06113, 101.06114, 101.06115, |
|
101.06116, and 101.06117, Government Code, are repealed. |
|
SECTION 11.102. (a) Section 101.0811, Government Code, is |
|
amended to conform to Chapters 1072 (H.B. 4741) and 1103 (H.B. |
|
4833), Acts of the 81st Legislature, Regular Session, 2009, and is |
|
further amended to read as follows: |
|
Sec. 101.0811. STATUTORY COUNTY COURT FEES AND |
|
COSTS: GOVERNMENT CODE. The clerk of a statutory county court |
|
shall collect fees and costs under the Government Code as follows: |
|
(1) appellate judicial system filing fees: |
|
(A) First or Fourteenth Court of Appeals District |
|
(Sec. 22.2021, Government Code) . . . not more than $5; |
|
(B) Second Court of Appeals District |
|
(Sec. 22.2031, Government Code) . . . not more than $5; |
|
(C) Third Court of Appeals District |
|
(Sec. 22.2041, Government Code) . . . $5; |
|
(D) Fourth Court of Appeals District |
|
(Sec. 22.2051, Government Code) . . . not more than $5; |
|
(E) Fifth Court of Appeals District |
|
(Sec. 22.2061, Government Code) . . . not more than $5; |
|
(E-1) Sixth Court of Appeals District (Sec. |
|
22.2071, Government Code) . . . $5; |
|
(E-2) Seventh Court of Appeals District (Sec. |
|
22.2081, Government Code) . . . $5; |
|
(F) Ninth Court of Appeals District |
|
(Sec. 22.2101, Government Code) . . . $5; |
|
(G) Eleventh Court of Appeals District |
|
(Sec. 22.2121, Government Code) . . . $5; |
|
(G-1) Twelfth Court of Appeals District (Sec. |
|
22.2131, Government Code) . . . $5; and |
|
(H) Thirteenth Court of Appeals District |
|
(Sec. 22.2141, Government Code) . . . not more than $5; |
|
(2) an official court reporter fee, County Court at |
|
Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . . $3; |
|
(3) in Brazoria County, in matters of concurrent |
|
jurisdiction with the district court, fees (Sec. 25.0222, |
|
Government Code) . . . as prescribed by law for district judges |
|
according to the nature of the matter; |
|
(4) a court reporter fee when testimony is taken in a |
|
county court at law in McLennan County (Sec. 25.1572, Government |
|
Code) . . . $3; |
|
(5) a stenographer fee, if a record or part of a record |
|
is made: |
|
(A) in a county court at law in Hidalgo County |
|
(Sec. 25.1102, Government Code) . . . $20; and |
|
(B) in a county court at law in Nolan County |
|
(Sec. 25.1792, Government Code) . . . $25; |
|
(6) jury fee (Sec. 51.604, Government Code) . . . $22; |
|
(7) an additional filing fee: |
|
(A) for each civil case filed to be used for |
|
court-related purposes for the support of the judiciary |
|
(Sec. 51.702, Government Code) . . . $40; |
|
(B) to fund the improvement of Dallas County |
|
civil court facilities, if authorized by the county commissioners |
|
court (Sec. 51.705, Government Code) . . . not more than $15; |
|
(B-1) to fund the improvement of Bexar County |
|
court facilities, if authorized by the county commissioners court |
|
(Sec. 51.706, Government Code) . . . not more than $15; [and] |
|
(C) to fund the improvement of Hays County court |
|
facilities, if authorized by the county commissioners court |
|
(Sec. 51.707, Government Code) . . . not more than $15; and |
|
(D) to fund the preservation of court records |
|
(Sec. 51.708, Government Code) . . . not more than $10; |
|
(8) the official court reporter's fee taxed as costs in |
|
civil actions in a statutory county court: |
|
(A) in Bexar County Courts at Law[:
|
|
[(i)] Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, [and] |
|
12, 13, 14, and 15 (Sec. 25.0172, Government Code) . . . taxed in |
|
the same manner as the fee is taxed in district court; [and
|
|
[(ii)
No. 2 (Sec.
25.0172, Government Code)
|
|
.
.
. $3;] |
|
(B) in Galveston County (Sec. 25.0862, |
|
Government Code) . . . taxed in the same manner as the fee is taxed |
|
in civil cases in the district courts; and |
|
(C) in Parker County (Sec. 25.1862, Government |
|
Code) . . . taxed in the same manner as the fee is taxed in civil |
|
cases in the district courts; |
|
(9) a stenographer's fee as costs in each civil, |
|
criminal, and probate case in which a record is made by the official |
|
court reporter in a statutory county court in Nolan County |
|
(Sec. 25.1792, Government Code) . . . $25; |
|
(10) in Nueces County, in matters of concurrent |
|
jurisdiction with the district court, with certain exceptions, fees |
|
(Sec. 25.1802, Government Code) . . . equal to those in district |
|
court cases; and |
|
(11) a fee not otherwise listed in this subchapter |
|
that is required to be collected under Section 25.0008, Government |
|
Code, in a county other than Brazos, Cameron, Ellis, Guadalupe, |
|
Harris, Henderson, Liberty, Moore, Nolan, Panola, Parker, Starr, |
|
Victoria, and Williamson . . . as prescribed by law relating to |
|
county judges' fees. |
|
(b) Sections 101.08111, 101.08112, 101.08113, 101.08114, |
|
and 101.08115, Government Code, are repealed. |
|
SECTION 11.103. Section 101.0812, Government Code, is |
|
amended to conform to Chapter 334 (H.B. 890), Acts of the 81st |
|
Legislature, Regular Session, 2009, to read as follows: |
|
Sec. 101.0812. STATUTORY COUNTY COURT FEES AND |
|
COSTS: HEALTH AND SAFETY CODE. The clerk of a statutory county |
|
court shall collect fees and costs under the Health and Safety Code |
|
as follows: |
|
(1) for filing an application for registration of |
|
death (Sec. 193.007, Health and Safety Code) . . . $1; |
|
(2) fee for judge's services on an application for |
|
court-ordered mental health services (Sec. 574.031, Health and |
|
Safety Code) . . . not to exceed $50; |
|
(3) fee for prosecutor's services on an application |
|
for court-ordered mental health services (Sec. 574.031, Health and |
|
Safety Code) . . . not to exceed $50; |
|
(4) for a hearing or proceeding under the Texas Mental |
|
Health Code (Subtitle C, Title 7, Health and Safety Code) as costs |
|
(Secs. 571.017 and 571.018, Health and Safety Code) . . . |
|
reasonable compensation to the following persons appointed under |
|
the Texas Mental Health Code: |
|
(A) attorneys; |
|
(B) physicians; |
|
(C) language interpreters; |
|
(D) sign interpreters; and |
|
(E) associate judges [masters]; |
|
(5) for a hearing or proceeding under the Texas Mental |
|
Health Code (Subtitle C, Title 7, Health and Safety Code) as costs |
|
(Sec. 571.018, Health and Safety Code): |
|
(A) attorney's fees; |
|
(B) physician examination fees; |
|
(C) expense of transportation to a mental health |
|
facility or to a federal agency not to exceed $50 if transporting |
|
within the same county and not to exceed the reasonable cost of |
|
transportation if transporting between counties; |
|
(D) costs and salary supplements authorized |
|
under Section 574.031, Health and Safety Code; and |
|
(E) prosecutors' fees authorized under Section |
|
574.031, Health and Safety Code; |
|
(6) expenses of transporting certain patients from the |
|
county of treatment to a hearing in the county in which the |
|
proceedings originated (Sec. 574.008, Health and Safety Code) |
|
. . . actual expenses unless certain arrangements are made to hold |
|
the hearing in the county in which the patient is receiving |
|
services; |
|
(7) expenses for expert witness testimony for an |
|
indigent patient (Sec. 574.010, Health and Safety Code) . . . if |
|
authorized by the court as reimbursement to the attorney ad litem, |
|
court-approved expenses; |
|
(8) fee for judge's services for holding a hearing on |
|
an application for court-ordered mental health services |
|
(Sec. 574.031, Health and Safety Code) . . . as assessed by the |
|
judge, not to exceed $50; |
|
(9) expenses to reimburse judge for holding a hearing |
|
in a hospital or location other than the county courthouse |
|
(Sec. 574.031, Health and Safety Code) . . . reasonable and |
|
necessary expenses as certified; and |
|
(10) fee for services of a prosecuting attorney, |
|
including costs incurred for preparation of documents related to a |
|
hearing on an application for court-ordered mental health services |
|
(Sec. 574.031, Health and Safety Code) . . . as assessed by the |
|
judge, not to exceed $50. |
|
SECTION 11.104. The heading to Section 101.0817, Government |
|
Code, as effective April 1, 2011, is amended to read as follows: |
|
Sec. 101.0817. STATUTORY COUNTY COURT FEES AND |
|
COSTS: TRANSPORTATION CODE [UNDER OTHER LAWS]. |
|
SECTION 11.105. (a) Section 101.1011, Government Code, is |
|
amended to read as follows: |
|
Sec. 101.1011. STATUTORY PROBATE COURT FEES AND |
|
COSTS: GOVERNMENT CODE. The clerk of a statutory probate court |
|
shall collect fees and costs under the Government Code as follows: |
|
(1) appellate judicial system filing fees: |
|
(A) First or Fourteenth Court of Appeals District |
|
(Sec. 22.2021, Government Code) . . . not more than $5; |
|
(B) Second Court of Appeals District |
|
(Sec. 22.2031, Government Code) . . . not more than $5; |
|
(C) Third Court of Appeals District |
|
(Sec. 22.2041, Government Code) . . . $5; |
|
(D) Fourth Court of Appeals District |
|
(Sec. 22.2051, Government Code) . . . not more than $5; |
|
(E) Fifth Court of Appeals District |
|
(Sec. 22.2061, Government Code) . . . not more than $5; |
|
(E-1) Sixth Court of Appeals District (Sec. |
|
22.2071, Government Code) . . . $5; |
|
(E-2) Seventh Court of Appeals District (Sec. |
|
22.2081, Government Code) . . . $5; |
|
(F) Ninth Court of Appeals District |
|
(Sec. 22.2101, Government Code) . . . $5; |
|
(G) Eleventh Court of Appeals District |
|
(Sec. 22.2121, Government Code) . . . $5; |
|
(G-1) Twelfth Court of Appeals District (Sec. |
|
22.2131, Government Code) . . . $5; and |
|
(H) Thirteenth Court of Appeals District |
|
(Sec. 22.2141, Government Code) . . . not more than $5; |
|
(2) additional filing fees as follows: |
|
(A) for certain cases to be used for |
|
court-related purposes for support of the judiciary (Sec. 51.704, |
|
Government Code) . . . $40; |
|
(B) to fund the improvement of Dallas County |
|
civil court facilities, if authorized by the county commissioners |
|
court (Sec. 51.705, Government Code) . . . not more than $15; |
|
(B-1) to fund the improvement of Bexar County |
|
court facilities, if authorized by the county commissioners court |
|
(Sec. 51.706, Government Code) . . . not more than $15; and |
|
(C) to fund the improvement of Hays County court |
|
facilities, if authorized by the county commissioners court |
|
(Sec. 51.707, Government Code) . . . not more than $15; |
|
(3) jury fee for civil case (Sec. 51.604, Government |
|
Code) . . . $22; |
|
(4) the expense of preserving the record as a court |
|
cost, if imposed on a party by the referring court or associate |
|
judge (Sec. 54.612, Government Code) . . . actual cost; and |
|
(5) a fee not otherwise listed in this subchapter that |
|
is required to be collected under Section 25.0029, Government Code |
|
(Sec. 25.0029, Government Code) . . . as prescribed by law relating |
|
to county judges' fees. |
|
(b) Sections 101.10111, 101.10112, 101.10113, and |
|
101.10114, Government Code, are repealed. |
|
SECTION 11.106. Section 101.1012, Government Code, is |
|
amended to conform to Chapter 334 (H.B. 890), Acts of the 81st |
|
Legislature, Regular Session, 2009, to read as follows: |
|
Sec. 101.1012. STATUTORY PROBATE COURT FEES AND COSTS: |
|
HEALTH AND SAFETY CODE. The clerk of a statutory probate court |
|
shall collect fees and costs under the Health and Safety Code as |
|
follows: |
|
(1) for filing an application for registration of |
|
death (Sec. 193.007, Health and Safety Code) . . . $1; |
|
(2) fee for judge's services on an application for |
|
court-ordered mental health services (Sec. 574.031, Health and |
|
Safety Code) . . . not to exceed $50; |
|
(3) fee for prosecutor's services on an application |
|
for court-ordered mental health services (Sec. 574.031, Health and |
|
Safety Code) . . . not to exceed $50; |
|
(4) for a hearing or proceeding under the Texas Mental |
|
Health Code (Subtitle C, Title 7, Health and Safety Code) as costs |
|
(Secs. 571.017 and 571.018, Health and Safety Code) . . . |
|
reasonable compensation to the following persons appointed under |
|
the Texas Mental Health Code: |
|
(A) attorneys; |
|
(B) physicians; |
|
(C) language interpreters; |
|
(D) sign interpreters; and |
|
(E) associate judges [masters]; |
|
(5) for a hearing or proceeding under the Texas Mental |
|
Health Code (Subtitle C, Title 7, Health and Safety Code) as costs |
|
(Sec. 571.018, Health and Safety Code): |
|
(A) attorney's fees; |
|
(B) physician examination fees; |
|
(C) expense of transportation to a mental health |
|
facility or to a federal agency not to exceed $50 if transporting |
|
within the same county and not to exceed the reasonable cost of |
|
transportation if transporting between counties; |
|
(D) costs and salary supplements authorized |
|
under Section 574.031, Health and Safety Code; and |
|
(E) prosecutors' fees authorized under Section |
|
574.031, Health and Safety Code; |
|
(6) expenses of transporting certain patients from the |
|
county of treatment to a hearing in the county in which the |
|
proceedings originated (Sec. 574.008, Health and Safety Code) |
|
. . . actual expenses unless certain arrangements are made to hold |
|
the hearing in the county in which the patient is receiving |
|
services; |
|
(7) expenses for expert witness testimony for an |
|
indigent patient (Sec. 574.010, Health and Safety Code) . . . if |
|
authorized by the court as reimbursement to the attorney ad litem, |
|
court-approved expenses; |
|
(8) fee for judge's services for holding a hearing on |
|
an application for court-ordered mental health services |
|
(Sec. 574.031, Health and Safety Code) . . . as assessed by the |
|
judge, not to exceed $50; |
|
(9) expenses to reimburse judge for holding a hearing |
|
in a hospital or location other than the county courthouse |
|
(Sec. 574.031, Health and Safety Code) . . . reasonable and |
|
necessary expenses as certified; and |
|
(10) fee for services of a prosecuting attorney, |
|
including costs incurred for preparation of documents related to a |
|
hearing on an application for court-ordered mental health services |
|
(Sec. 574.031, Health and Safety Code) . . . as assessed by the |
|
judge, not to exceed $50. |
|
SECTION 11.107. (a) Section 101.1212, Government Code, is |
|
amended to read as follows: |
|
Sec. 101.1212. COUNTY COURT FEES AND COSTS: GOVERNMENT |
|
CODE. The clerk of a county court shall collect the following fees |
|
and costs under the Government Code: |
|
(1) appellate judicial system filing fees: |
|
(A) First or Fourteenth Court of Appeals District |
|
(Sec. 22.2021, Government Code) . . . not more than $5; |
|
(B) Second Court of Appeals District |
|
(Sec. 22.2031, Government Code) . . . not more than $5; |
|
(C) Third Court of Appeals District |
|
(Sec. 22.2041, Government Code) . . . $5; |
|
(D) Fourth Court of Appeals District |
|
(Sec. 22.2051, Government Code) . . . not more than $5; |
|
(E) Fifth Court of Appeals District |
|
(Sec. 22.2061, Government Code) . . . not more than $5; |
|
(E-1) Sixth Court of Appeals District |
|
(Sec. 22.2071, Government Code) . . . $5; |
|
(E-2) Seventh Court of Appeals District |
|
(Sec. 22.2081, Government Code) . . . $5; |
|
(F) Ninth Court of Appeals District |
|
(Sec. 22.2101, Government Code) . . . $5; |
|
(G) Eleventh Court of Appeals District |
|
(Sec. 22.2121, Government Code) . . . $5; |
|
(G-1) Twelfth Court of Appeals District |
|
(Sec. 22.2131, Government Code) . . . $5; and |
|
(H) Thirteenth Court of Appeals District |
|
(Sec. 22.2141, Government Code) . . . not more than $5; |
|
(2) a jury fee (Sec. 51.604, Government Code) . . . |
|
$22; [and] |
|
(3) a filing fee in each civil case filed to be used |
|
for court-related purposes for the support of the judiciary |
|
(Sec. 51.703, Government Code) . . . $40; and |
|
(4) a filing fee to fund the preservation of court |
|
records (Sec. 51.708, Government Code) . . . not more than $10. |
|
(b) Sections 101.12121, 101.12122, 101.12123, and |
|
101.12124, Government Code, are repealed. |
|
SECTION 11.108. Section 101.1213, Government Code, is |
|
amended to conform to Chapter 334 (H.B. 890), Acts of the 81st |
|
Legislature, Regular Session, 2009, to read as follows: |
|
Sec. 101.1213. COUNTY COURT FEES AND COSTS: HEALTH AND |
|
SAFETY CODE. The clerk of a county court shall collect the |
|
following fees and costs under the Health and Safety Code: |
|
(1) for filing an application for registration of |
|
death (Sec. 193.007, Health and Safety Code) . . . $1; |
|
(2) fee for judge's services on an application for |
|
court-ordered mental health services (Sec. 574.031, Health and |
|
Safety Code) . . . not to exceed $50; |
|
(3) fee for prosecutor's services on an application |
|
for court-ordered mental health services (Sec. 574.031, Health and |
|
Safety Code) . . . not to exceed $50; |
|
(4) for a hearing or proceeding under the Texas Mental |
|
Health Code (Subtitle C, Title 7, Health and Safety Code) as costs |
|
(Secs. 571.017 and 571.018, Health and Safety Code) . . . |
|
reasonable compensation to the following persons appointed under |
|
the Texas Mental Health Code: |
|
(A) attorneys; |
|
(B) physicians; |
|
(C) language interpreters; |
|
(D) sign interpreters; and |
|
(E) associate judges [masters]; |
|
(5) for a hearing or proceeding under the Texas Mental |
|
Health Code (Subtitle C, Title 7, Health and Safety Code) as costs |
|
(Sec. 571.018, Health and Safety Code): |
|
(A) attorney's fees; |
|
(B) physician examination fees; |
|
(C) expense of transportation to a mental health |
|
facility or to a federal agency not to exceed $50 if transporting |
|
within the same county and not to exceed the reasonable cost of |
|
transportation if transporting between counties; |
|
(D) costs and salary supplements authorized |
|
under Section 574.031, Health and Safety Code; and |
|
(E) prosecutors' fees authorized under Section |
|
574.031, Health and Safety Code; |
|
(6) expenses of transporting certain patients from the |
|
county of treatment to a hearing in the county in which the |
|
proceedings originated (Sec. 574.008, Health and Safety Code) |
|
. . . actual expenses unless certain arrangements are made to hold |
|
the hearing in the county in which the patient is receiving |
|
services; |
|
(7) expenses for expert witness testimony for an |
|
indigent patient (Sec. 574.010, Health and Safety Code) . . . if |
|
authorized by the court as reimbursement to the attorney ad litem, |
|
court-approved expenses; |
|
(8) fee for judge's services for holding a hearing on |
|
an application for court-ordered mental health services |
|
(Sec. 574.031, Health and Safety Code) . . . as assessed by the |
|
judge, not to exceed $50; |
|
(9) expenses to reimburse judge for holding a hearing |
|
in a hospital or location other than the county courthouse |
|
(Sec. 574.031, Health and Safety Code) . . . reasonable and |
|
necessary expenses as certified; and |
|
(10) fee for services of a prosecuting attorney, |
|
including costs incurred for preparation of documents related to a |
|
hearing on an application for court-ordered mental health services |
|
(Sec. 574.031, Health and Safety Code) . . . as assessed by the |
|
judge, not to exceed $50. |
|
SECTION 11.109. Subchapter G, Chapter 101, Government Code, |
|
is amended by amending Section 101.1216 and adding Section 101.1217 |
|
to read as follows: |
|
Sec. 101.1216. COUNTY COURT FEES AND COSTS: TRANSPORTATION |
|
CODE [UNDER OTHER LAWS]. The clerk of a county court shall collect |
|
a [the following fees and costs:
|
|
[(1)] fee of $10 under Section 112.059, Transportation |
|
Code, for a county attorney in a suit regarding a railroad company's |
|
failure to keep a roadbed and right-of-way in proper condition. |
|
Sec. 101.1217. COUNTY COURT FEES AND COSTS UNDER OTHER |
|
LAWS. The clerk of a county court shall collect an [(Art. 6327,
|
|
Vernon's Texas Civil Statutes) .
.
. $10; and
|
|
[(2)] appeal bond in the amount of $100 from a |
|
petitioner or taxpayer in a water control and preservation district |
|
under Article [(Art.] 7818, Vernon's Texas Civil Statutes[) .
.
.
|
|
$100]. |
|
SECTION 11.110. Section 102.021, Government Code, as |
|
amended by Chapters 902 (H.B. 666) and 1209 (S.B. 727), Acts of the |
|
81st Legislature, Regular Session, 2009, is reenacted to read as |
|
follows: |
|
Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL |
|
PROCEDURE. A person convicted of an offense shall pay the following |
|
under the Code of Criminal Procedure, in addition to all other |
|
costs: |
|
(1) court cost on conviction of any offense, other |
|
than a conviction of an offense relating to a pedestrian or the |
|
parking of a motor vehicle (Art. 102.0045, Code of Criminal |
|
Procedure) . . . $4; |
|
(2) a fee for services of prosecutor (Art. 102.008, |
|
Code of Criminal Procedure) . . . $25; |
|
(3) fees for services of peace officer: |
|
(A) issuing a written notice to appear in court |
|
for certain violations (Art. 102.011, Code of Criminal Procedure) |
|
. . . $5; |
|
(B) executing or processing an issued arrest |
|
warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal |
|
Procedure) . . . $50; |
|
(C) summoning a witness (Art. 102.011, Code of |
|
Criminal Procedure) . . . $5; |
|
(D) serving a writ not otherwise listed |
|
(Art. 102.011, Code of Criminal Procedure) . . . $35; |
|
(E) taking and approving a bond and, if |
|
necessary, returning the bond to courthouse (Art. 102.011, Code of |
|
Criminal Procedure) . . . $10; |
|
(F) commitment or release (Art. 102.011, Code of |
|
Criminal Procedure) . . . $5; |
|
(G) summoning a jury (Art. 102.011, Code of |
|
Criminal Procedure) . . . $5; |
|
(H) attendance of a prisoner in habeas corpus |
|
case if prisoner has been remanded to custody or held to bail |
|
(Art. 102.011, Code of Criminal Procedure) . . . $8 each day; |
|
(I) mileage for certain services performed |
|
(Art. 102.011, Code of Criminal Procedure) . . . $0.29 per mile; |
|
and |
|
(J) services of a sheriff or constable who serves |
|
process and attends examining trial in certain cases (Art. 102.011, |
|
Code of Criminal Procedure) . . . not to exceed $5; |
|
(4) services of a peace officer in conveying a witness |
|
outside the county (Art. 102.011, Code of Criminal Procedure) . . . |
|
$10 per day or part of a day, plus actual necessary travel expenses; |
|
(5) overtime of peace officer for time spent |
|
testifying in the trial or traveling to or from testifying in the |
|
trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost; |
|
(6) court costs on an offense relating to rules of the |
|
road, when offense occurs within a school crossing zone |
|
(Art. 102.014, Code of Criminal Procedure) . . . $25; |
|
(7) court costs on an offense of passing a school bus |
|
(Art. 102.014, Code of Criminal Procedure) . . . $25; |
|
(8) court costs on an offense of truancy or |
|
contributing to truancy (Art. 102.014, Code of Criminal Procedure) |
|
. . . $20; |
|
(9) cost for visual recording of intoxication arrest |
|
before conviction (Art. 102.018, Code of Criminal Procedure) . . . |
|
$15; |
|
(10) cost of certain evaluations (Art. 102.018, Code |
|
of Criminal Procedure) . . . actual cost; |
|
(11) additional costs attendant to certain |
|
intoxication convictions under Chapter 49, Penal Code, for |
|
emergency medical services, trauma facilities, and trauma care |
|
systems (Art. 102.0185, Code of Criminal Procedure) . . . $100; |
|
(12) additional costs attendant to certain child |
|
sexual assault and related convictions, for child abuse prevention |
|
programs (Art. 102.0186, Code of Criminal Procedure) . . . $100; |
|
(13) court cost for DNA testing for certain felonies |
|
(Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250; |
|
(14) court cost for DNA testing for the offense of |
|
public lewdness or indecent exposure (Art. 102.020(a)(2), Code of |
|
Criminal Procedure) . . . $50; |
|
(15) court cost for DNA testing for certain felonies |
|
(Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34; |
|
(16) if required by the court, a restitution fee for |
|
costs incurred in collecting restitution installments and for the |
|
compensation to victims of crime fund (Art. 42.037, Code of |
|
Criminal Procedure) . . . $12; |
|
(17) if directed by the justice of the peace or |
|
municipal court judge hearing the case, court costs on conviction |
|
in a criminal action (Art. 45.041, Code of Criminal Procedure) |
|
. . . part or all of the costs as directed by the judge; and |
|
(18) costs attendant to convictions under Chapter 49, |
|
Penal Code, and under Chapter 481, Health and Safety Code, to help |
|
fund drug court programs established under Chapter 469, Health and |
|
Safety Code (Art. 102.0178, Code of Criminal Procedure) . . . $60. |
|
SECTION 11.111. Section 102.061, Government Code, as |
|
amended by Chapters 87 (S.B. 1969), 1172 (H.B. 3389), and 1183 (H.B. |
|
3637), Acts of the 81st Legislature, Regular Session, 2009, is |
|
reenacted and amended to read as follows: |
|
Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of |
|
a statutory county court shall collect fees and costs under the Code |
|
of Criminal Procedure on conviction of a defendant as follows: |
|
(1) a jury fee (Art. 102.004, Code of Criminal |
|
Procedure) . . . $20; |
|
(2) a fee for services of the clerk of the court |
|
(Art. 102.005, Code of Criminal Procedure) . . . $40; |
|
(3) a records management and preservation services fee |
|
(Art. 102.005, Code of Criminal Procedure) . . . $25; |
|
(4) a county and district court technology fee |
|
(Art. 102.0169, Code of Criminal Procedure) . . . $4; |
|
(5) a security fee on a misdemeanor offense |
|
(Art. 102.017, Code of Criminal Procedure) . . . $3; |
|
(6) a juvenile delinquency prevention and graffiti |
|
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . . |
|
$50; [and] |
|
(7) a juvenile case manager fee (Art. 102.0174, Code |
|
of Criminal Procedure) . . . not to exceed $5; and |
|
(8) [(7)] a civil justice fee (Art. 102.022, Code of |
|
Criminal Procedure) . . . $0.10. |
|
SECTION 11.112. Section 102.081, Government Code, as |
|
amended by Chapters 87 (S.B. 1969), 1172 (H.B. 3389), and 1183 (H.B. |
|
3637), Acts of the 81st Legislature, Regular Session, 2009, is |
|
reenacted and amended to read as follows: |
|
Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county |
|
court shall collect fees and costs under the Code of Criminal |
|
Procedure on conviction of a defendant as follows: |
|
(1) a jury fee (Art. 102.004, Code of Criminal |
|
Procedure) . . . $20; |
|
(2) a fee for clerk of the court services |
|
(Art. 102.005, Code of Criminal Procedure) . . . $40; |
|
(3) a records management and preservation services fee |
|
(Art. 102.005, Code of Criminal Procedure) . . . $25; |
|
(4) a county and district court technology fee |
|
(Art. 102.0169, Code of Criminal Procedure) . . . $4; |
|
(5) a security fee on a misdemeanor offense |
|
(Art. 102.017, Code of Criminal Procedure) . . . $3; |
|
(6) a juvenile delinquency prevention and graffiti |
|
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . . |
|
$50; [and] |
|
(7) a juvenile case manager fee (Art. 102.0174, Code |
|
of Criminal Procedure) . . . not to exceed $5; and |
|
(8) [(7)] a civil justice fee (Art. 102.022, Code of |
|
Criminal Procedure) . . . $0.10. |
|
SECTION 11.113. Section 103.021, Government Code, is |
|
amended to conform to Chapter 1276 (H.B. 1506), Acts of the 81st |
|
Legislature, Regular Session, 2009, to read as follows: |
|
Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
|
CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant, |
|
or a party to a civil suit, as applicable, shall pay the following |
|
fees and costs under the Code of Criminal Procedure if ordered by |
|
the court or otherwise required: |
|
(1) a personal bond fee (Art. 17.42, Code of Criminal |
|
Procedure) . . . the greater of $20 or three percent of the amount |
|
of the bail fixed for the accused; |
|
(2) cost of electronic monitoring as a condition of |
|
release on personal bond (Art. 17.43, Code of Criminal Procedure) |
|
. . . actual cost; |
|
(3) a fee for verification of and monitoring of motor |
|
vehicle ignition interlock (Art. 17.441, Code of Criminal |
|
Procedure) . . . not to exceed $10; |
|
(3-a) costs associated with operating a global |
|
positioning monitoring system as a condition of release on bond |
|
(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs, |
|
subject to a determination of indigency; |
|
(3-b) costs associated with providing a defendant's |
|
victim with an electronic receptor device as a condition of the |
|
defendant's release on bond (Art. 17.49(b)(3), Code of Criminal |
|
Procedure) . . . actual costs, subject to a determination of |
|
indigency; |
|
(4) repayment of reward paid by a crime stoppers |
|
organization on conviction of a felony (Art. 37.073, Code of |
|
Criminal Procedure) . . . amount ordered; |
|
(5) reimbursement to general revenue fund for payments |
|
made to victim of an offense as condition of community supervision |
|
(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for |
|
a misdemeanor offense or $100 for a felony offense; |
|
(6) payment to a crime stoppers organization as |
|
condition of community supervision (Art. 42.12, Code of Criminal |
|
Procedure) . . . not to exceed $50; |
|
(7) children's advocacy center fee (Art. 42.12, Code |
|
of Criminal Procedure) . . . not to exceed $50; |
|
(8) family violence center fee (Art. 42.12, Code of |
|
Criminal Procedure) . . . $100; |
|
(9) community supervision fee (Art. 42.12, Code of |
|
Criminal Procedure) . . . not less than $25 or more than $60 per |
|
month; |
|
(10) additional community supervision fee for certain |
|
offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per |
|
month; |
|
(11) for certain financially able sex offenders as a |
|
condition of community supervision, the costs of treatment, |
|
specialized supervision, or rehabilitation (Art. 42.12, Code of |
|
Criminal Procedure) . . . all or part of the reasonable and |
|
necessary costs of the treatment, supervision, or rehabilitation as |
|
determined by the judge; |
|
(12) fee for failure to appear for trial in a justice |
|
or municipal court if a jury trial is not waived (Art. 45.026, Code |
|
of Criminal Procedure) . . . costs incurred for impaneling the |
|
jury; |
|
(13) costs of certain testing, assessments, or |
|
programs during a deferral period (Art. 45.051, Code of Criminal |
|
Procedure) . . . amount ordered; |
|
(14) special expense on dismissal of certain |
|
misdemeanor complaints (Art. 45.051, Code of Criminal Procedure) |
|
. . . not to exceed amount of fine assessed; |
|
(15) an additional fee: |
|
(A) for a copy of the defendant's driving record |
|
to be requested from the Department of Public Safety by the judge |
|
(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal |
|
to the sum of the fee established by Section 521.048, |
|
Transportation Code, and the TexasOnline fee; |
|
(B) as an administrative fee for requesting a |
|
driving safety course or a course under the motorcycle operator |
|
training and safety program for certain traffic offenses to cover |
|
the cost of administering the article (Art. 45.0511(f)(1), Code of |
|
Criminal Procedure) . . . not to exceed $10; or |
|
(C) for requesting a driving safety course or a |
|
course under the motorcycle operator training and safety program |
|
before the final disposition of the case (Art. 45.0511(f)(2), Code |
|
of Criminal Procedure) . . . not to exceed the maximum amount of the |
|
fine for the offense committed by the defendant; |
|
(16) a request fee for teen court program (Art. |
|
45.052, Code of Criminal Procedure) . . . $20, if the court |
|
ordering the fee is located in the Texas-Louisiana border region, |
|
but otherwise not to exceed $10; |
|
(17) a fee to cover costs of required duties of teen |
|
court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the |
|
court ordering the fee is located in the Texas-Louisiana border |
|
region, but otherwise $10; |
|
(18) a mileage fee for officer performing certain |
|
services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per |
|
mile; |
|
(19) certified mailing of notice of hearing date (Art. |
|
102.006, Code of Criminal Procedure) . . . $1, plus postage; |
|
(20) certified mailing of certified copies of an order |
|
of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2, |
|
plus postage; |
|
(20-a) a fee to defray the cost of notifying state |
|
agencies of orders of expungement (Art. 45.0216, Code of Criminal |
|
Procedure) . . . $30 per application; |
|
(20-b) a fee to defray the cost of notifying state |
|
agencies of orders of expunction (Art. 45.055, Code of Criminal |
|
Procedure) . . . $30 per application; |
|
(21) sight orders: |
|
(A) if the face amount of the check or sight order |
|
does not exceed $10 (Art. 102.007, Code of Criminal Procedure) |
|
. . . not to exceed $10; |
|
(B) if the face amount of the check or sight order |
|
is greater than $10 but does not exceed $100 (Art. 102.007, Code of |
|
Criminal Procedure) . . . not to exceed $15; |
|
(C) if the face amount of the check or sight order |
|
is greater than $100 but does not exceed $300 (Art. 102.007, Code of |
|
Criminal Procedure) . . . not to exceed $30; |
|
(D) if the face amount of the check or sight order |
|
is greater than $300 but does not exceed $500 (Art. 102.007, Code of |
|
Criminal Procedure) . . . not to exceed $50; and |
|
(E) if the face amount of the check or sight order |
|
is greater than $500 (Art. 102.007, Code of Criminal Procedure) |
|
. . . not to exceed $75; |
|
(22) fees for a pretrial intervention program: |
|
(A) a supervision fee (Art. 102.012(a), Code of |
|
Criminal Procedure) . . . $60 a month plus expenses; and |
|
(B) a district attorney, criminal district |
|
attorney, or county attorney administrative fee (Art. 102.0121, |
|
Code of Criminal Procedure) . . . not to exceed $500; |
|
(23) parking fee violations for child safety fund in |
|
municipalities with populations: |
|
(A) greater than 850,000 (Art. 102.014, Code of |
|
Criminal Procedure) . . . not less than $2 and not to exceed $5; and |
|
(B) less than 850,000 (Art. 102.014, Code of |
|
Criminal Procedure) . . . not to exceed $5; |
|
(24) an administrative fee for collection of fines, |
|
fees, restitution, or other costs (Art. 102.072, Code of Criminal |
|
Procedure) . . . not to exceed $2 for each transaction; and |
|
(25) a collection fee, if authorized by the |
|
commissioners court of a county or the governing body of a |
|
municipality, for certain debts and accounts receivable, including |
|
unpaid fines, fees, court costs, forfeited bonds, and restitution |
|
ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30 |
|
percent of an amount more than 60 days past due. |
|
SECTION 11.114. Section 103.026, Government Code, is |
|
amended to conform to Chapters 767 (S.B. 865) and 1035 (H.B. 4424), |
|
Acts of the 81st Legislature, Regular Session, 2009, to read as |
|
follows: |
|
Sec. 103.026. MISCELLANEOUS FEES AND COSTS: FAMILY CODE. |
|
Fees and costs shall be paid or collected under the Family Code as |
|
follows: |
|
(1) costs of determining and sending information |
|
concerning the identity of the court with continuing, exclusive |
|
jurisdiction if charged by the bureau of vital statistics (Sec. |
|
108.006, Family Code) . . . reasonable fee; |
|
(2) initial operations fee paid to the domestic |
|
relations office on each filing of an original [a] suit affecting |
|
the parent-child relationship, motion for modification, or motion |
|
for enforcement, if authorized by the administering entity (Sec. |
|
203.005, Family Code) . . . not to exceed $15; |
|
(3) initial child support service fee paid to the |
|
domestic relations office in certain counties on the filing of an |
|
original [a] suit affecting the parent-child relationship, if |
|
authorized by the administering entity (Sec. 203.005, Family Code) |
|
. . . not to exceed $36; |
|
(4) service fee for services of a domestic relations |
|
office, if authorized by the administering entity (Sec. 203.005, |
|
Family Code) . . . not to exceed $3 per month; |
|
(5) fee to reimburse a domestic relations office for a |
|
fee paid for filing an administrative writ of withholding (Secs. |
|
158.503 and 203.005, Family Code) . . . the amount of the fee paid; |
|
(6) fee from a Title IV-D agency for each item of |
|
process to each individual on whom service is required, including |
|
service by certified or registered mail (Sec. 231.202, Family Code) |
|
. . . the amount that a sheriff or constable may charge for serving |
|
process under Section 118.131, Local Government Code; and |
|
(7) a fee for mailing an order vacating or staying an |
|
order suspending a license to the appropriate licensing authority |
|
(Sec. 232.013, Family Code) . . . $5 for each order mailed. |
|
SECTION 11.115. Section 103.027, Government Code, is |
|
amended to read as follows: |
|
Sec. 103.027. MISCELLANEOUS FEES AND COSTS: GOVERNMENT |
|
CODE. Fees and costs shall be paid or collected under the |
|
Government Code as follows: |
|
(1) filing a certified copy of a judicial finding of |
|
fact and conclusion of law if charged by the secretary of state |
|
(Sec. 51.905, Government Code) . . . $15; |
|
(2) cost paid by each surety posting the bail bond for |
|
an offense other than a misdemeanor punishable by fine only under |
|
Chapter 17, Code of Criminal Procedure, for the assistant |
|
prosecutor supplement fund and the fair defense account |
|
(Sec. 41.258, Government Code) . . . $15, provided the cost does |
|
not exceed $30 for all bail bonds posted at that time for an |
|
individual and the cost is not required on the posting of a personal |
|
or cash bond; |
|
(3) to participate in a court proceeding in this |
|
state, a nonresident attorney fee [for civil legal services to the
|
|
indigent] (Sec. 82.0361, Government Code) . . . $250 except as |
|
waived or reduced under supreme court rules for representing an |
|
indigent person; |
|
(4) on a party's appeal of a final decision in a |
|
contested case, the cost of preparing the original or a certified |
|
copy of the record of the agency proceeding, if required by the |
|
agency's rule, as a court cost (Sec. 2001.177, Government Code) |
|
. . . as assessed by the court, all or part of the cost of |
|
preparation; |
|
(5) compensation to a referee in juvenile court in |
|
Wichita County taxed as costs if the judge determines the parties |
|
are able to pay the costs (Sec. 54.403, Government Code) . . . as |
|
determined by the judge; and |
|
(6) the expense of preserving the record as a court |
|
cost in Brazos County if imposed on a party by the referring court |
|
or magistrate (Sec. 54.1111, Government Code) . . . actual cost. |
|
SECTION 11.116. Section 103.029, Government Code, is |
|
amended to conform to Chapter 840 (S.B. 1940), Acts of the 81st |
|
Legislature, Regular Session, 2009, to read as follows: |
|
Sec. 103.029. MISCELLANEOUS FEES AND COSTS: HEALTH AND |
|
SAFETY CODE. Fees and costs shall be paid or collected under the |
|
Health and Safety Code as follows: |
|
(1) a program fee for a drug court program established |
|
under Section 469.002, Health and Safety Code (Sec. 469.004, Health |
|
and Safety Code) . . . not to exceed $1,000; [and] |
|
(2) an alcohol or controlled substance testing, |
|
counseling, and treatment fee (Sec. 469.004, Health and Safety |
|
Code) . . . the amount necessary to cover the costs of testing, |
|
counseling, and treatment; |
|
(3) a reasonable program fee for a veterans court |
|
program (Sec. 617.006, Health and Safety Code) . . . not to exceed |
|
$1,000; and |
|
(4) a testing, counseling, and treatment fee for |
|
testing, counseling, or treatment performed or provided under a |
|
veterans court program (Sec. 617.006, Health and Safety Code) . . . |
|
the amount necessary to cover the costs of testing, counseling, or |
|
treatment. |
|
SECTION 11.117. Section 103.030, Government Code, is |
|
amended to read as follows: |
|
Sec. 103.030. MISCELLANEOUS FEES AND COSTS: LOCAL |
|
GOVERNMENT CODE. Fees and costs shall be paid or collected under |
|
the Local Government Code as follows: |
|
(1) services by the offices of the sheriff and |
|
constables (Sec. 118.131, Local Government Code) . . . amount set |
|
by county commissioners court; |
|
(2) a filing fee or recording fee for each page of a |
|
legal paper presented for filing or recording that fails to meet |
|
certain requirements regarding paper size, weight, substance, |
|
headings, legibility, the presence of typed or printed names under |
|
each signature, and number and size of riders or attachments |
|
(Sec. 191.007, Local Government Code) . . . twice the regular |
|
filing fee or recording fee provided by statute for that page, |
|
rider, or attachment; |
|
(3) a processing fee as authorized by the |
|
commissioners court for the payment by credit card of a fee, court |
|
cost, or other charge processed by a county or precinct officer |
|
(Secs. 132.002 and 132.003, Local Government Code) . . . an amount |
|
reasonably related to the expense incurred by the county or |
|
precinct officer but not to exceed five percent of the amount of the |
|
fee, court cost, or other charge being paid; |
|
(4) a processing fee as authorized by the governing |
|
body of the municipality for the payment by credit card of a fee, |
|
court cost, or other charge processed by a municipal official |
|
(Secs. 132.002 and 132.003, Local Government Code) . . . an amount |
|
reasonably related to the expense incurred by the municipal |
|
official but not to exceed five percent of the amount of the fee, |
|
court cost, or other charge being paid; |
|
(5) a handling fee, if authorized by the commissioners |
|
court under Section 132.002, Local Government Code, for |
|
electronically processing the payment of a fee, fine, court cost, |
|
or other charge (Secs. 132.002 and 132.003, Local Government Code): |
|
(A) charged at a flat rate that does not exceed $5 |
|
for each payment transaction; or |
|
(B) charged at a rate reasonably related to the |
|
expense incurred in processing a payment and that does not exceed |
|
five percent of the amount of the fee, court cost, or other charge |
|
being paid; and |
|
(6) a fee, if authorized by the commissioners court, |
|
collected by a county or precinct officer on behalf of the county |
|
from a person making payment by credit card of a fee, court cost, or |
|
other charge (Sec. 132.003, Local Government Code) . . . an amount |
|
equal to the amount of any transaction fee charged to the county by |
|
a vendor providing services in connection with payments made by |
|
credit card. |
|
ARTICLE 12. CHANGES RELATING TO HEALTH AND SAFETY CODE |
|
SECTION 12.001. Section 146.009, Health and Safety Code, is |
|
repealed to conform to the repeal of Section 146.009, Health and |
|
Safety Code, by Chapter 1528 (S.B. 932), Acts of the 76th |
|
Legislature, Regular Session, 1999. |
|
SECTION 12.002. Section 251.012, Health and Safety Code, as |
|
amended by Chapters 839 (S.B. 1932) and 1280 (H.B. 1831), Acts of |
|
the 81st Legislature, Regular Session, 2009, is reenacted to read |
|
as follows: |
|
Sec. 251.012. EXEMPTIONS FROM LICENSING REQUIREMENT. The |
|
following facilities are not required to be licensed under this |
|
chapter: |
|
(1) a home and community support services agency |
|
licensed under Chapter 142 with a home dialysis designation; |
|
(2) a hospital licensed under Chapter 241 that |
|
provides dialysis only to: |
|
(A) individuals receiving inpatient services |
|
from the hospital; or |
|
(B) individuals receiving outpatient services |
|
due to a disaster declared by the governor or a federal disaster |
|
declared by the president of the United States occurring in this |
|
state or another state during the term of the disaster declaration; |
|
or |
|
(3) the office of a physician unless the office is used |
|
primarily as an end stage renal disease facility. |
|
SECTION 12.003. Sections 314.003(a) and (d), Health and |
|
Safety Code, are amended to conform to Section 17.01(25), Chapter |
|
76 (S.B. 959), Acts of the 74th Legislature, Regular Session, 1995, |
|
to read as follows: |
|
(a) The attorney general, at any time after an application |
|
is filed under Section 314.002(b) [313.002(b)], may require by |
|
civil investigative demand the attendance and testimony of |
|
witnesses and the production of documents in Travis County or the |
|
county in which the applicants are located for the purpose of |
|
investigating whether the cooperative agreement satisfies the |
|
standards set forth in Section 314.002 [313.002]. All nonpublic |
|
documents produced and testimony given to the attorney general are |
|
subject to the prohibitions on disclosure and use of Section |
|
15.10(i), Business & Commerce Code. The attorney general may seek |
|
an order from the district court compelling compliance with a civil |
|
investigative demand issued under this section. |
|
(d) In any action brought under Subsection (b), the |
|
applicants for a certificate bear the burden of establishing by |
|
clear and convincing evidence that in accordance with Sections |
|
314.002(e) [313.002(e)] and (f), the likely benefits resulting from |
|
the cooperative agreement outweigh any disadvantages attributable |
|
to a reduction in competition that may result from the agreement. |
|
In assessing disadvantages attributable to a reduction in |
|
competition likely to result from the agreement, the court may draw |
|
upon the determinations of federal and Texas courts concerning |
|
unreasonable restraint of trade under 15 U.S.C. Sections 1 and 2, |
|
and Chapter 15, Business & Commerce Code. |
|
SECTION 12.004. Section 382.209(c), Health and Safety Code, |
|
is amended to correct references to read as follows: |
|
(c) The rules adopted under Subsection (a) must provide |
|
procedures for ensuring that a program implemented under authority |
|
of that subsection does not apply to a vehicle that is: |
|
(1) registered under Section 504.501 or 504.502 |
|
[502.274 or 502.275], Transportation Code; and |
|
(2) not regularly used for transportation during the |
|
normal course of daily activities. |
|
SECTION 12.005. Section 382.213(c), Health and Safety Code, |
|
is amended to correct references to read as follows: |
|
(c) A vehicle identified by a local advisory panel as an |
|
existing or future collectible vehicle under Section 382.211 may be |
|
sold to an individual if the vehicle: |
|
(1) is repaired and brought into compliance; |
|
(2) is removed from the state; |
|
(3) is removed from an affected county; or |
|
(4) is stored for future restoration and cannot be |
|
registered in an affected county except under Section 504.501 or |
|
504.502 [502.274 or 502.275], Transportation Code. |
|
SECTION 12.006. Section 386.252(a), Health and Safety Code, |
|
as amended by Chapters 1125 (H.B. 1796) and 1232 (S.B. 1759), Acts |
|
of the 81st Legislature, Regular Session, 2009, is reenacted and |
|
amended to read as follows: |
|
(a) Money in the fund may be used only to implement and |
|
administer programs established under the plan and shall be |
|
allocated as follows: |
|
(1) for the diesel emissions reduction incentive |
|
program, 87.5 percent of the money in the fund, of which: |
|
(A) not more than four percent may be used for the |
|
clean school bus program; |
|
(B) not more than 10 percent may be used for |
|
on-road diesel purchase or lease incentives; [and] |
|
(C) a specified amount may be used for the new |
|
technology implementation grant program, from which a defined |
|
amount may be set aside for electricity storage projects related to |
|
renewable energy; and |
|
(D) five percent shall be used for the clean |
|
fleet program; |
|
(2) for the new technology research and development |
|
program, nine percent of the money in the fund, of which: |
|
(A) up to $200,000 is allocated for a health |
|
effects study; |
|
(B) $500,000 is to be deposited in the state |
|
treasury to the credit of the clean air account created under |
|
Section 382.0622 to supplement funding for air quality planning |
|
activities in affected counties; |
|
(C) not less than 20 percent is to be allocated |
|
each year to support research related to air quality as provided by |
|
Section 387.010; and |
|
(D) the balance is allocated each year to the |
|
commission to be used to: |
|
(i) implement and administer the new |
|
technology research and development program for the purpose of |
|
identifying, testing, and evaluating new emissions-reducing |
|
technologies with potential for commercialization in this state and |
|
to facilitate their certification or verification; and |
|
(ii) contract with the Energy Systems |
|
Laboratory at the Texas Engineering Experiment Station for $216,000 |
|
annually for the development and annual computation of creditable |
|
statewide emissions reductions obtained through wind and other |
|
renewable energy resources for the state implementation plan; and |
|
(3) two percent is allocated to the commission and 1.5 |
|
percent is allocated to the laboratory for administrative costs |
|
incurred by the commission and the laboratory. |
|
SECTION 12.007. Section 481.074(o), Health and Safety Code, |
|
as amended by Chapters 349 (S.B. 1188) and 1345 (S.B. 410), Acts of |
|
the 79th Legislature, Regular Session, 2005, is reenacted to read |
|
as follows: |
|
(o) A pharmacist may dispense a Schedule II controlled |
|
substance pursuant to a facsimile copy of an official prescription |
|
completed in the manner required by Section 481.075 and transmitted |
|
by the practitioner or the practitioner's agent to the pharmacy if: |
|
(1) the prescription is written for: |
|
(A) a Schedule II narcotic or nonnarcotic |
|
substance for a patient in a long-term care facility (LTCF), and the |
|
practitioner notes on the prescription "LTCF patient"; |
|
(B) a Schedule II narcotic product to be |
|
compounded for the direct administration to a patient by |
|
parenteral, intravenous, intramuscular, subcutaneous, or |
|
intraspinal infusion; or |
|
(C) a Schedule II narcotic substance for a |
|
patient with a medical diagnosis documenting a terminal illness or |
|
a patient enrolled in a hospice care program certified or paid for |
|
by Medicare under Title XVIII, Social Security Act (42 U.S.C. |
|
Section 1395 et seq.), as amended, by Medicaid, or by a hospice |
|
program that is licensed under Chapter 142, and the practitioner or |
|
the practitioner's agent notes on the prescription "terminally ill" |
|
or "hospice patient"; and |
|
(2) after transmitting the prescription, the |
|
prescribing practitioner or the practitioner's agent: |
|
(A) writes across the face of the official |
|
prescription "VOID--sent by fax to (name and telephone number of |
|
receiving pharmacy)"; and |
|
(B) files the official prescription in the |
|
patient's medical records instead of delivering it to the patient. |
|
SECTION 12.008. Section 711.0515, Health and Safety Code, |
|
as added by Chapters 263 (H.B. 1468) and 914 (H.B. 2927), Acts of |
|
the 81st Legislature, Regular Session, 2009, is reenacted to read |
|
as follows: |
|
Sec. 711.0515. ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTIVE |
|
RELIEF. In addition to bringing an action under Section 711.051, |
|
the attorney general at the request of the Texas Funeral Service |
|
Commission may bring an action for injunctive relief to enforce |
|
this chapter or a rule or order adopted by the commission under this |
|
chapter. |
|
ARTICLE 13. CHANGES RELATING TO HUMAN RESOURCES CODE |
|
SECTION 13.001. Section 48.401, Human Resources Code, as |
|
amended by Chapters 284 (S.B. 643) and 763 (S.B. 806), Acts of the |
|
81st Legislature, Regular Session, 2009, is reenacted and amended |
|
to read as follows: |
|
Sec. 48.401. DEFINITIONS. In this subchapter: |
|
(1) "Agency" means: |
|
(A) an entity licensed under Chapter 142, Health |
|
and Safety Code; |
|
(B) a person exempt from licensing under Section |
|
142.003(a)(19), Health and Safety Code; |
|
(C) a facility licensed under Chapter 252, Health |
|
and Safety Code; or |
|
(D) an entity investigated by the department |
|
under Subchapter F or under Section 261.404, Family Code. |
|
(2) "Commissioner" means the commissioner of the |
|
Department of Family and Protective Services. |
|
(3) "Employee" means a person who: |
|
(A) works for an agency; |
|
(B) provides personal care services, active |
|
treatment, or any other personal services to an individual |
|
receiving agency services or to an individual who is a child for |
|
whom an investigation is authorized under Section 261.404, Family |
|
Code; and |
|
(C) is not licensed by the state to perform the |
|
services the person performs for the agency. |
|
(4) "Employee misconduct registry" means the employee |
|
misconduct registry established under Chapter 253, Health and |
|
Safety Code. |
|
(5) "Reportable conduct" includes: |
|
(A) abuse or neglect that causes or may cause |
|
death or harm to an individual receiving agency services; |
|
(B) sexual abuse of an individual receiving |
|
agency services; |
|
(C) financial exploitation of an individual |
|
receiving agency services in an amount of $25 or more; and |
|
(D) emotional, verbal, or psychological abuse |
|
that causes harm to an individual receiving agency services. |
|
ARTICLE 14. CHANGES RELATING TO INSURANCE CODE |
|
SECTION 14.001. Section 1506.155(a-1), Insurance Code, as |
|
amended by Chapters 533 (S.B. 1403) and 550 (S.B. 1771), Acts of the |
|
81st Legislature, Regular Session, 2009, is reenacted to read as |
|
follows: |
|
(a-1) Except as provided by Section 1506.056, pool coverage |
|
for an individual eligible pursuant to Section 1506.153(b) or (c) |
|
excludes charges or expenses incurred before the first anniversary |
|
of the effective date of coverage with regard to any condition for |
|
which: |
|
(1) the existence of symptoms would cause an |
|
ordinarily prudent person to seek diagnosis, care, or treatment |
|
within the six-month period preceding the effective date of |
|
coverage; or |
|
(2) medical advice, care, or treatment was recommended |
|
or received during the six-month period preceding the effective |
|
date of coverage. |
|
SECTION 14.002. Section 1601.101(c), Insurance Code, is |
|
amended to more closely conform to the source law from which the |
|
section was derived to read as follows: |
|
(c) An individual is eligible to participate in the uniform |
|
program as provided by Subsection (a) if the individual: |
|
(1) receives compensation for services performed for |
|
the system; |
|
(2) is employed at least 20 hours a week [only]; and |
|
(3) is not permitted to be a member of the Teacher |
|
Retirement System of Texas because the individual is solely |
|
employed by the system in a position that as a condition of |
|
employment requires the individual to be enrolled as a student in |
|
the system in graduate-level courses. |
|
ARTICLE 15. CHANGES RELATING TO LABOR CODE |
|
SECTION 15.001. Section 407A.357(b), Labor Code, as amended |
|
by Chapter 265 (H.B. 7), Acts of the 79th Legislature, Regular |
|
Session, 2005, is repealed to conform to the repeal of Section |
|
407A.357, Labor Code, by Chapter 1055 (H.B. 1353), Acts of the 79th |
|
Legislature, Regular Session, 2005. |
|
ARTICLE 16. CHANGES RELATING TO LOCAL GOVERNMENT CODE |
|
SECTION 16.001. The heading to Section 84.008, Local |
|
Government Code, is amended to conform to Chapter 541 (H.B. 2083), |
|
Acts of the 75th Legislature, Regular Session, 1997, to read as |
|
follows: |
|
Sec. 84.008. JOINT EMPLOYMENT OF COUNTY AUDITOR [IN
|
|
COUNTIES WITH POPULATION OF LESS THAN 25,000]. |
|
SECTION 16.002. Section 146.003(d), Local Government Code, |
|
is amended to correct a typographical error to read as follows: |
|
(d) This chapter does not authorize an agreement regarding |
|
pension or pension-related matters governed by Chapter 358, Acts of |
|
the 48th Legislature, Regular Session, 1943 (Article 6243g, |
|
Vernon's Texas Civil Statutes [Statues]), or a successor statute. |
|
SECTION 16.003. Section 155.021, Local Government Code, is |
|
amended to correct a reference to read as follows: |
|
Sec. 155.021. DEDUCTIONS ENUMERATED. The county treasurer |
|
or, if another officer is specified by law, that other officer shall |
|
make the deductions from, or take other similar actions with regard |
|
to, the compensation of county employees as required: |
|
(1) for employee contributions for coverage under the |
|
federal social security program in accordance with Chapter 606, |
|
Government Code; |
|
(2) for the purchase of annuities or for contributions |
|
to investments for employees in accordance with Chapter 22, Acts of |
|
the 57th Legislature, 3rd Called Session, 1962 (Article 6228a-5, |
|
Vernon's Texas Civil Statutes); |
|
(3) for the purchase of United States savings bonds |
|
for employees in accordance with Chapter 608 [606], Government |
|
Code; |
|
(4) for employee participation in a deferred |
|
compensation plan in accordance with Chapter 609, Government Code; |
|
or |
|
(5) for employee contributions to a retirement system |
|
in accordance with Section 845.403, Government Code. |
|
SECTION 16.004. Sections 214.003(b) and (d), Local |
|
Government Code, are amended to correct references to read as |
|
follows: |
|
(b) Except as provided by Subsection (c), the court may |
|
appoint as a receiver for the property a nonprofit organization |
|
with a demonstrated record of rehabilitating properties if the |
|
court finds that: |
|
(1) the structures on the property are in violation of |
|
the standards set forth in Section 214.001(b) and an ordinance |
|
described by Subsection (a); |
|
(2) notice of violation was given to the record owner |
|
of the property; and |
|
(3) a public hearing as required by Section 214.001(b) |
|
[214.001(d)] has been conducted. |
|
(d) For the purposes of this section, if the record owner |
|
does not appear at the hearing required by Section 214.001(b) |
|
[214.001(d)], the hearing shall be conducted as if the owner had |
|
personally appeared. |
|
SECTION 16.005. Section 271.182, Local Government Code, as |
|
amended by Chapters 135 (S.B. 1047) and 725 (S.B. 229), Acts of the |
|
81st Legislature, Regular Session, 2009, is reenacted and amended |
|
to read as follows: |
|
Sec. 271.182. APPLICABILITY. (a) This subchapter applies |
|
to a local governmental entity with a population of more than |
|
100,000 within its geographic boundaries or service area. |
|
(b) [(c)] This subchapter applies to a municipally owned |
|
combined electric, water, and wastewater utility situated in an |
|
economically distressed area and located within 30 miles of the |
|
Lower Texas Gulf Coast. For this subchapter, "combined" means that |
|
the utilities are managed and controlled by one board whose members |
|
are appointed by the governing body of the municipality and that the |
|
financing of capital improvements is secured from the revenues of |
|
all three utilities. |
|
SECTION 16.006. Section 552.053(e), Local Government Code, |
|
as added by Chapters 278 (S.B. 874) and 539 (S.B. 1522), Acts of the |
|
81st Legislature, Regular Session, 2009, is reenacted and amended |
|
to read as follows: |
|
(e) The following property is exempt from drainage charges |
|
under Section 552.047 and all ordinances, resolutions, and rules |
|
adopted under this subchapter: |
|
(1) property owned by a county in which a municipality |
|
described by Section 552.044(8)(A) is located; and |
|
(2) property owned by a school district located wholly |
|
or partly in a municipality described by Section 552.044(8)(A). |
|
ARTICLE 17. CHANGES RELATING TO NATURAL RESOURCES CODE |
|
SECTION 17.001. Section 40.251(g), Natural Resources Code, |
|
is amended to conform to the repeal of Section 40.053, Natural |
|
Resources Code, by Chapter 146 (S.B. 619), Acts of the 78th |
|
Legislature, Regular Session, 2003, to read as follows: |
|
(g) It is a defense to prosecution for a criminal offense |
|
under Subchapter C, D, or E of this chapter that the conduct |
|
complained of was committed pursuant to response or cleanup |
|
operations and was authorized by the national contingency plan [or
|
|
the state coastal discharge contingency plan], by a discharge |
|
response plan required under this chapter, or by an authorized |
|
federal or state official. |
|
SECTION 17.002. Section 81.01015, Natural Resources Code, |
|
as effective April 1, 2011, is repealed to conform to Section 4(38), |
|
Chapter 614 (H.B. 874), Acts of the 81st Legislature, Regular |
|
Session, 2009. |
|
SECTION 17.003. Section 117.012(n), Natural Resources |
|
Code, is amended to correct a reference to read as follows: |
|
(n) In this subsection, "telecommunications service" and |
|
"information service" have the meanings assigned by 47 U.S.C. |
|
Section 153. Notwithstanding Subsection (a), this title does not |
|
grant the commission jurisdiction or right-of-way management |
|
authority over a provider of telecommunications service or |
|
information service. A provider of telecommunications service or |
|
information service shall comply with all applicable safety |
|
standards, including those provided by Subchapter H [G], Chapter |
|
756, Health and Safety Code. |
|
ARTICLE 18. CHANGES RELATING TO OCCUPATIONS CODE |
|
SECTION 18.001. Section 303.005(h), Occupations Code, as |
|
amended by Section 18 and repealed by Section 21(6), Chapter 803 |
|
(S.B. 993), Acts of the 80th Legislature, Regular Session, 2007, is |
|
reenacted to read as follows: |
|
(h) A person may not suspend or terminate the employment of, |
|
or otherwise discipline or discriminate against, a nurse who in |
|
good faith requests a peer review determination under this section |
|
or a person who advises a nurse of the nurse's right to request a |
|
determination or of the procedures for requesting a determination. |
|
A violation of this subsection is subject to Section 301.413. |
|
SECTION 18.002. Section 1301.002(5), Occupations Code, as |
|
amended by Chapters 804 (S.B. 1410) and 1380 (S.B. 1354), Acts of |
|
the 81st Legislature, Regular Session, 2009, is reenacted to read |
|
as follows: |
|
(5) "Master plumber" means a person licensed under |
|
this chapter who: |
|
(A) is skilled in the design, planning, and |
|
superintending of plumbing and in the practical installation, |
|
repair, and servicing of plumbing; |
|
(B) has worked as a journeyman plumber: |
|
(i) for at least four years; or |
|
(ii) for at least one year and has |
|
successfully completed a training program approved by the United |
|
States Department of Labor Office of Apprenticeship or another |
|
nationally recognized apprentice training program accepted by the |
|
board; |
|
(C) performs or supervises plumbing work; |
|
(D) has passed the required examination; and |
|
(E) has fulfilled the other requirements of the |
|
board. |
|
SECTION 18.003. Section 1301.002(10), Occupations Code, as |
|
amended by Chapters 804 (S.B. 1410) and 1380 (S.B. 1354), Acts of |
|
the 81st Legislature, Regular Session, 2009, is reenacted and |
|
amended to read as follows: |
|
(10) "Tradesman plumber-limited license holder" means |
|
a person who: |
|
(A) has completed at least 4,000 hours working |
|
under the direct supervision of a journeyman or master plumber as a |
|
plumber's apprentice; |
|
(B) has passed the required examination; [and] |
|
(C) constructs and installs plumbing for |
|
one-family or two-family dwellings under the supervision of a |
|
responsible master plumber; and |
|
(D) has fulfilled the other requirements of the |
|
board. |
|
SECTION 18.004. Section 1802.253(a), Occupations Code, as |
|
amended by Chapters 816 (S.B. 279) and 1215 (S.B. 1147), Acts of the |
|
78th Legislature, Regular Session, 2003, is reenacted to read as |
|
follows: |
|
(a) Before denying an application for a license, the |
|
commission shall: |
|
(1) set the matter for a hearing to be conducted by the |
|
State Office of Administrative Hearings; and |
|
(2) before the hearing date, notify the applicant in |
|
writing of: |
|
(A) the charges alleged or the question to be |
|
determined at the hearing; and |
|
(B) the date and location of the hearing. |
|
SECTION 18.005. Section 2308.256(a), Occupations Code, as |
|
amended by Chapter 1310 (H.B. 2571), Acts of the 81st Legislature, |
|
Regular Session, 2009, is repealed to conform to the repeal of |
|
Section 2308.256, Occupations Code, by Chapter 757 (S.B. 702), Acts |
|
of the 81st Legislature, Regular Session, 2009. |
|
SECTION 18.006. Section 2308.453, Occupations Code, as |
|
amended by Chapters 845 (S.B. 2153) and 1310 (H.B. 2571), Acts of |
|
the 81st Legislature, Regular Session, 2009, is reenacted to read |
|
as follows: |
|
Sec. 2308.453. JURISDICTION. A hearing under this chapter |
|
shall be in the justice court having jurisdiction in: |
|
(1) the precinct from which the motor vehicle was |
|
towed; or |
|
(2) for booted vehicles, the precinct in which the |
|
parking facility is located. |
|
SECTION 18.007. Section 2308.455, Occupations Code, as |
|
amended by Chapters 845 (S.B. 2153) and 1310 (H.B. 2571), Acts of |
|
the 81st Legislature, Regular Session, 2009, is reenacted to read |
|
as follows: |
|
Sec. 2308.455. CONTENTS OF NOTICE. The notice under |
|
Section 2308.454 must include: |
|
(1) a statement of: |
|
(A) the person's right to submit a request within |
|
14 days for a court hearing to determine whether probable cause |
|
existed to remove, or install a boot on, the vehicle; |
|
(B) the information that a request for a hearing |
|
must contain; and |
|
(C) any filing fee for the hearing; |
|
(2) the name, address, and telephone number of the |
|
towing company that removed the vehicle or the booting company that |
|
booted the vehicle; |
|
(3) the name, address, and telephone number of the |
|
vehicle storage facility in which the vehicle was placed; |
|
(4) the name, street address including city, state, |
|
and zip code, and telephone number of the person, parking facility |
|
owner, or law enforcement agency that authorized the removal of the |
|
vehicle; and |
|
(5) the name, address, and telephone number of the |
|
justice court having jurisdiction in the precinct in which the |
|
parking facility is located. |
|
SECTION 18.008. Section 2308.456(a), Occupations Code, as |
|
amended by Chapters 845 (S.B. 2153) and 1310 (H.B. 2571), Acts of |
|
the 81st Legislature, Regular Session, 2009, is reenacted to read |
|
as follows: |
|
(a) Except as provided by Subsections (c) and (c-1), a |
|
person entitled to a hearing under this chapter must deliver a |
|
written request for the hearing to the court before the 14th day |
|
after the date the vehicle was removed and placed in the vehicle |
|
storage facility or booted, excluding Saturdays, Sundays, and legal |
|
holidays. |
|
ARTICLE 19. CHANGES RELATING TO PARKS AND WILDLIFE CODE |
|
SECTION 19.001. Section 12.302, Parks and Wildlife Code, is |
|
amended to correct a reference to read as follows: |
|
Sec. 12.302. VALUE OF FISH, SHELLFISH, REPTILE, AMPHIBIAN, |
|
BIRD, OR ANIMAL. For purposes of this subchapter and for |
|
determining damages under Section 7.109 [Subsection (b), Section
|
|
26.124], Water Code, the commission shall adopt rules to establish |
|
guidelines for determining the value of injured or destroyed fish, |
|
shellfish, reptiles, amphibians, birds, and animals. |
|
SECTION 19.002. Sections 62.013(b) and (c), Parks and |
|
Wildlife Code, as amended by Chapters 989 (H.B. 1959) and 1156 (H.B. |
|
3144), Acts of the 79th Legislature, Regular Session, 2005, are |
|
reenacted to read as follows: |
|
(b) A person who violates Section 62.003, 62.004, 62.005, |
|
62.0065, 62.011(c), or 350.001 or a rule adopted under Section |
|
62.0065 commits an offense that is a Class A Parks and Wildlife Code |
|
misdemeanor, unless it is shown at the trial of the defendant for a |
|
violation of that section or rule, as appropriate, that the |
|
defendant has been convicted one or more times before the trial date |
|
of a violation of that section or rule, as appropriate, in which |
|
case the offense is a Parks and Wildlife Code state jail felony. |
|
(c) In addition to the punishments provided in Subsections |
|
(a) and (b), a person who violates Section 62.003, 62.004, 62.005, |
|
62.0065, 62.011(c), or 350.001 or a rule adopted under Section |
|
62.0065 is punishable by the revocation or suspension under Section |
|
12.5015 of hunting and fishing licenses and permits. |
|
ARTICLE 20. CHANGES RELATING TO PENAL CODE |
|
SECTION 20.001. Section 30.05(h), Penal Code, is amended to |
|
correct references to read as follows: |
|
(h) At the punishment stage of a trial in which the attorney |
|
representing the state seeks the increase in punishment provided by |
|
Subsection (d)(3)(A)(iii) [(d)(1)(C)], the defendant may raise the |
|
issue as to whether the defendant entered or remained on or in a |
|
critical infrastructure facility as part of a peaceful or lawful |
|
assembly, including an attempt to exercise rights guaranteed by |
|
state or federal labor laws. If the defendant proves the issue in |
|
the affirmative by a preponderance of the evidence, the increase in |
|
punishment provided by Subsection (d)(3)(A)(iii) [(d)(1)(C)] does |
|
not apply. |
|
SECTION 20.002. Section 46.11(c)(1), Penal Code, is amended |
|
to read as follows: |
|
(1) "Premises" has the meaning ["Institution of higher
|
|
education" and "premises" have the meanings] assigned by Section |
|
481.134, Health and Safety Code. |
|
SECTION 20.003. Section 71.02(a), Penal Code, as amended by |
|
Chapters 153 (S.B. 2225), 1130 (H.B. 2086), and 1357 (S.B. 554), |
|
Acts of the 81st Legislature, Regular Session, 2009, is reenacted |
|
and amended to read as follows: |
|
(a) A person commits an offense if, with the intent to |
|
establish, maintain, or participate in a combination or in the |
|
profits of a combination or as a member of a criminal street gang, |
|
the person commits or conspires to commit one or more of the |
|
following: |
|
(1) murder, capital murder, arson, aggravated |
|
robbery, robbery, burglary, theft, aggravated kidnapping, |
|
kidnapping, aggravated assault, aggravated sexual assault, sexual |
|
assault, forgery, deadly conduct, assault punishable as a Class A |
|
misdemeanor, burglary of a motor vehicle, or unauthorized use of a |
|
motor vehicle; |
|
(2) any gambling offense punishable as a Class A |
|
misdemeanor; |
|
(3) promotion of prostitution, aggravated promotion |
|
of prostitution, or compelling prostitution; |
|
(4) unlawful manufacture, transportation, repair, or |
|
sale of firearms or prohibited weapons; |
|
(5) unlawful manufacture, delivery, dispensation, or |
|
distribution of a controlled substance or dangerous drug, or |
|
unlawful possession of a controlled substance or dangerous drug |
|
through forgery, fraud, misrepresentation, or deception; |
|
(6) any unlawful wholesale promotion or possession of |
|
any obscene material or obscene device with the intent to wholesale |
|
promote the same; |
|
(7) any offense under Subchapter B, Chapter 43, |
|
depicting or involving conduct by or directed toward a child |
|
younger than 18 years of age; |
|
(8) any felony offense under Chapter 32; |
|
(9) any offense under Chapter 36; |
|
(10) any offense under Chapter 34 or 35; |
|
(11) any offense under Section 37.11(a); |
|
(12) any offense under Chapter 20A; |
|
(13) any offense under Section 37.10; [or] |
|
(14) any offense under Section 38.06, 38.07, 38.09, or |
|
38.11; |
|
(15) [(14)] any offense under Section 42.10; or |
|
(16) [(14)] any offense under Section 46.06(a)(1) or |
|
46.14. |
|
ARTICLE 21. CHANGES RELATING TO PROPERTY CODE |
|
SECTION 21.001. Sections 92.009(a) and (j), Property Code, |
|
are amended to conform to the amendments made by Section 1, Chapter |
|
869 (S.B. 1334), Acts of the 74th Legislature, Regular Session, |
|
1995, to read as follows: |
|
(a) If a landlord has locked a tenant out of leased premises |
|
in violation of Section 92.0081 [92.008], the tenant may recover |
|
possession of the premises as provided by this section. |
|
(j) This section does not affect a tenant's right to pursue |
|
a separate cause of action under Section 92.0081 [92.008]. |
|
SECTION 21.002. Sections 116.005(d) and (e), Property Code, |
|
are amended to conform to the amendments made by Section 25, Chapter |
|
148 (H.B. 1190), Acts of the 79th Legislature, Regular Session, |
|
2005, to read as follows: |
|
(d) If Subsection (c)(4), (5) [(c)(5)], (6), or (7)[, or
|
|
(8)] applies to a trustee and there is more than one trustee, a |
|
cotrustee to whom the provision does not apply may make the |
|
adjustment unless the exercise of the power by the remaining |
|
trustee or trustees is not permitted by the terms of the trust. |
|
(e) A trustee may release the entire power conferred by |
|
Subsection (a) or may release only the power to adjust from income |
|
to principal or the power to adjust from principal to income if the |
|
trustee is uncertain about whether possessing or exercising the |
|
power will cause a result described in Subsections (c)(1)-(5) |
|
[Subsection (c)(1)-(6)] or Subsection (c)(7) [(c)(8)] or if the |
|
trustee determines that possessing or exercising the power will or |
|
may deprive the trust of a tax benefit or impose a tax burden not |
|
described in Subsection (c). The release may be permanent or for a |
|
specified period, including a period measured by the life of an |
|
individual. |
|
SECTION 21.003. Section 123.005, Property Code, as amended |
|
by Chapters 133 (S.B. 918) and 1351 (S.B. 408), Acts of the 81st |
|
Legislature, Regular Session, 2009, is reenacted and amended to |
|
read as follows: |
|
Sec. 123.005. BREACH OF FIDUCIARY DUTY: VENUE. Venue in a |
|
proceeding brought by the attorney general alleging breach of a |
|
fiduciary duty by a charitable entity or a fiduciary or managerial |
|
agent of a charitable trust shall be a court of competent |
|
jurisdiction in Travis County or in the county where the defendant |
|
resides or has its principal office. To the extent of a conflict |
|
between this section [subsection] and any provision of the Texas |
|
Probate Code providing for venue of a proceeding brought with |
|
respect to a charitable trust created by a will that has been |
|
admitted to probate, this section [subsection] controls. |
|
ARTICLE 22. CHANGES RELATING TO SPECIAL DISTRICT LOCAL LAWS CODE |
|
SECTION 22.001. Section 1016.053, Special District Local |
|
Laws Code, is amended to more closely reflect the source law from |
|
which that section was derived and to conform to Election Code |
|
requirements to read as follows: |
|
Sec. 1016.053. BALLOT PETITION. A person who wants to have |
|
the person's name printed on the ballot as a candidate for director |
|
must file with the board secretary a petition requesting that |
|
action. The petition must be: |
|
(1) signed by at least 10 registered taxpaying voters; |
|
and |
|
(2) filed by the deadline imposed by Section 144.005, |
|
Election Code [at least 25 days before the date of the election]. |
|
SECTION 22.002. (a) Subchapter B, Chapter 1056, Special |
|
District Local Laws Code, as effective April 1, 2011, is amended to |
|
conform to Section 1, Chapter 1410 (H.B. 4730), Acts of the 81st |
|
Legislature, Regular Session, 2009, by adding Section 1056.0515 to |
|
read as follows: |
|
Sec. 1056.0515. QUALIFICATIONS FOR OFFICE. (a) To be |
|
qualified to serve as a manager, a person must be: |
|
(1) a resident of the district; and |
|
(2) a registered voter. |
|
(b) A district employee may not serve as a manager. |
|
(b) Section 1056.054, Special District Local Laws Code, as |
|
effective April 1, 2011, is amended to conform to Section 1, Chapter |
|
1410 (H.B. 4730), Acts of the 81st Legislature, Regular Session, |
|
2009, to read as follows: |
|
Sec. 1056.054. OFFICERS. (a) The board shall select from |
|
among the managers a chair and a vice chair [presiding officer, who
|
|
shall preside over the board]. |
|
(b) The board shall appoint a secretary, who need not be a |
|
manager [A presiding officer pro tem shall preside in the absence of
|
|
the presiding officer]. |
|
(c) Each officer of the board serves a one-year term [The
|
|
district administrator or any manager may be appointed secretary]. |
|
(d) The board shall fill a vacancy in a board office for the |
|
remainder of the unexpired term. |
|
(c) Section 1056.057, Special District Local Laws Code, as |
|
effective April 1, 2011, is amended to conform to Section 1, Chapter |
|
1410 (H.B. 4730), Acts of the 81st Legislature, Regular Session, |
|
2009, to read as follows: |
|
Sec. 1056.057. RECORDS OF PROCEEDINGS. [(a)] The board |
|
shall require the secretary to keep suitable records of all |
|
proceedings of each board meeting in accordance with Subchapter B, |
|
Chapter 551, Government Code. |
|
[(b) After each meeting:
|
|
[(1)
the manager presiding at the meeting shall read
|
|
and sign the record; and
|
|
[(2) the secretary shall attest the record.] |
|
(d) Section 1056.058, Special District Local Laws Code, as |
|
effective April 1, 2011, is amended to conform to Section 1, Chapter |
|
1410 (H.B. 4730), Acts of the 81st Legislature, Regular Session, |
|
2009, by adding Subsection (e) to read as follows: |
|
(e) The board may pay for the bond with district money. |
|
(e) Section 1056.064, Special District Local Laws Code, as |
|
effective April 1, 2011, is repealed to conform to Section 1, |
|
Chapter 1410 (H.B. 4730), Acts of the 81st Legislature, Regular |
|
Session, 2009. |
|
(f) Section 1, Chapter 1410 (H.B. 4730), Acts of the 81st |
|
Legislature, Regular Session, 2009, is repealed. |
|
SECTION 22.003. (a) Subchapter B, Chapter 1056, Special |
|
District Local Laws Code, as effective April 1, 2011, is amended to |
|
conform to Section 2, Chapter 1410 (H.B. 4730), Acts of the 81st |
|
Legislature, Regular Session, 2009, by adding Section 1056.0625 to |
|
read as follows: |
|
Sec. 1056.0625. EMPLOYMENT OF PHYSICIANS AND OTHER HEALTH |
|
CARE PROVIDERS. (a) The board may employ physicians or other |
|
health care providers as the board considers necessary for the |
|
efficient operation of the district. |
|
(b) The board shall adopt and maintain policies to ensure |
|
that a physician employed under this section exercises independent |
|
medical judgment when providing care to patients at the hospital |
|
operated by the district. The policies adopted under this |
|
subsection must include policies relating to: |
|
(1) credentialing; |
|
(2) quality assurance; |
|
(3) utilization review; |
|
(4) peer review; |
|
(5) medical decision-making; and |
|
(6) due process. |
|
(c) A physician employed by the district under this section |
|
is subject to the same standards and procedures regarding |
|
credentialing, peer review, quality of care, and privileges as a |
|
physician not employed by the district. |
|
(d) The district shall give equal consideration regarding |
|
the issuance of credentials and privileges to physicians employed |
|
by the hospital and physicians not employed by the district. |
|
(e) A physician employed by the district shall retain |
|
independent medical judgment in providing care to patients at the |
|
hospital operated by the district and may not be penalized for |
|
reasonably advocating for patient care. |
|
(f) This section may not be construed as altering, voiding, |
|
or prohibiting any relationship between a hospital and a physician, |
|
including a contract or arrangement with an approved nonprofit |
|
health corporation that is certified under Section 162.001(b), |
|
Occupations Code, and that holds a certificate of authority issued |
|
under Chapter 844, Insurance Code. |
|
(g) A contract to employ a physician under this section may |
|
not include a covenant not to compete on termination of the |
|
contract. |
|
(h) This section may not be construed to authorize the board |
|
to supervise or control the practice of medicine, as prohibited by |
|
Subtitle B, Title 3, Occupations Code. |
|
(b) Section 2, Chapter 1410 (H.B. 4730), Acts of the 81st |
|
Legislature, Regular Session, 2009, is repealed. |
|
SECTION 22.004. (a) Section 1056.201, Special District |
|
Local Laws Code, as effective April 1, 2011, is amended to conform |
|
to Section 3, Chapter 1410 (H.B. 4730), Acts of the 81st |
|
Legislature, Regular Session, 2009, to read as follows: |
|
Sec. 1056.201. GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds [as district obligations] |
|
for any purpose relating to: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings or improvements; and |
|
(2) equipping buildings and improvements for hospital |
|
purposes. |
|
(b) The heading to Section 1056.202, Special District Local |
|
Laws Code, as effective April 1, 2011, is amended to conform to |
|
Section 3, Chapter 1410 (H.B. 4730), Acts of the 81st Legislature, |
|
Regular Session, 2009, to read as follows: |
|
Sec. 1056.202. TAX TO PAY GENERAL OBLIGATION BONDS. |
|
(c) Section 1056.203, Special District Local Laws Code, as |
|
effective April 1, 2011, is amended to conform to Section 3, Chapter |
|
1410 (H.B. 4730), Acts of the 81st Legislature, Regular Session, |
|
2009, to read as follows: |
|
Sec. 1056.203. GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose [in accordance with the provisions
|
|
of Chapter 1251, Government Code, relating to county bonds]. |
|
(b) The board, in ordering the election, shall provide for |
|
clerks as in county elections and shall specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the presiding and alternate election judges for |
|
each polling place; |
|
(4) the amount of the bonds to be authorized; and |
|
(5) the maximum maturity of the bonds. |
|
(c) The board shall give notice of the bond election in the |
|
manner provided by Section 1251.003, Government Code. |
|
(d) Chapter 41, Election Code, does not apply to an election |
|
held under this section. |
|
(e) The board shall declare the results of [call] the |
|
election. |
|
(d) Subchapter E, Chapter 1056, Special District Local Laws |
|
Code, as effective April 1, 2011, is amended to conform to Section |
|
3, Chapter 1410 (H.B. 4730), Acts of the 81st Legislature, Regular |
|
Session, 2009, by adding Section 1056.2035 to read as follows: |
|
Sec. 1056.2035. REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, renovate, |
|
or equip buildings or improvements for hospital purposes; or |
|
(2) acquire sites to be used for hospital purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospitals. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner and in accordance |
|
with the procedures and requirements prescribed by Sections |
|
264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, Health |
|
and Safety Code, for issuance of revenue bonds by county hospital |
|
authorities. |
|
(e) Section 3, Chapter 1410 (H.B. 4730), Acts of the 81st |
|
Legislature, Regular Session, 2009, is repealed. |
|
SECTION 22.005. (a) Subchapter E, Chapter 1056, Special |
|
District Local Laws Code, as effective April 1, 2011, is amended to |
|
conform to Section 4, Chapter 1410 (H.B. 4730), Acts of the 81st |
|
Legislature, Regular Session, 2009, by adding Sections 1056.206 and |
|
1056.207 to read as follows: |
|
Sec. 1056.206. ADDITIONAL MEANS OF SECURING REPAYMENT OF |
|
BONDS. In addition to the authority to issue general obligation |
|
bonds and revenue bonds under this subchapter, the board may |
|
provide for the security and payment of district bonds from a pledge |
|
of a combination of ad valorem taxes as authorized by Section |
|
1056.202 and revenue and other sources authorized by Section |
|
1056.2035. |
|
Sec. 1056.207. USE OF BOND PROCEEDS. The district may use |
|
the proceeds of bonds issued under this subchapter to pay: |
|
(1) any expense the board determines is reasonable and |
|
necessary to issue, sell, and deliver the bonds; |
|
(2) interest payments on the bonds during a period of |
|
acquisition or construction of a project or facility to be provided |
|
through the bonds, not to exceed five years; |
|
(3) costs related to the operation and maintenance of |
|
a project or facility to be provided through the bonds: |
|
(A) during an estimated period of acquisition or |
|
construction, not to exceed five years; and |
|
(B) for one year after the project or facility is |
|
acquired or constructed; |
|
(4) costs related to the financing of the bond funds, |
|
including debt service reserve and contingency funds; |
|
(5) costs related to the bond issuance; |
|
(6) costs related to the acquisition of land or |
|
interests in land for a project or facility to be provided through |
|
the bonds; and |
|
(7) costs of construction of a project or facility to |
|
be provided through the bonds, including the payment of related |
|
professional services and expenses. |
|
(b) Section 4, Chapter 1410 (H.B. 4730), Acts of the 81st |
|
Legislature, Regular Session, 2009, is repealed. |
|
SECTION 22.006. (a) Chapter 1056, Special District Local |
|
Laws Code, as effective April 1, 2011, is amended to conform to |
|
Section 5, Chapter 1410 (H.B. 4730), Acts of the 81st Legislature, |
|
Regular Session, 2009, by adding Subchapter G to read as follows: |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec. 1056.301. DISSOLUTION; ELECTION. (a) The district |
|
may be dissolved only on approval of a majority of the voters of the |
|
district voting in an election held for that purpose. |
|
(b) The board may order an election on the question of |
|
dissolving the district and disposing of the district's assets and |
|
obligations. |
|
(c) The board shall order an election if the board receives |
|
a petition requesting an election that is signed by at least 15 |
|
percent of the registered district voters. |
|
(d) The order calling the election must state: |
|
(1) the nature of the election, including the |
|
proposition to appear on the ballot; |
|
(2) the date of the election; |
|
(3) the hours during which the polls will be open; and |
|
(4) the location of the polling places. |
|
(e) Section 41.001(a), Election Code, does not apply to an |
|
election ordered under this section. |
|
Sec. 1056.302. NOTICE OF ELECTION. (a) The board shall |
|
give notice of an election under this subchapter by publishing once |
|
a week for two consecutive weeks a substantial copy of the election |
|
order in a newspaper with general circulation in the district. |
|
(b) The first publication of the notice must appear not |
|
later than the 35th day before the date of the election. |
|
Sec. 1056.303. BALLOT. The ballot for an election under |
|
this subchapter must be printed to permit voting for or against the |
|
proposition: "The dissolution of the Martin County Hospital |
|
District." |
|
Sec. 1056.304. ELECTION RESULTS. (a) If a majority of the |
|
votes in an election under this subchapter favor dissolution, the |
|
board shall find that the district is dissolved. |
|
(b) If a majority of the votes in the election do not favor |
|
dissolution, the board shall continue to administer the district |
|
and another election on the question of dissolution may not be held |
|
before the first anniversary of the date of the most recent election |
|
on the question of dissolution. |
|
Sec. 1056.305. TRANSFER OR ADMINISTRATION OF ASSETS. |
|
(a) If a majority of the votes in the election held under this |
|
subchapter favor dissolution, the board shall: |
|
(1) transfer the land, buildings, improvements, |
|
equipment, and other assets that belong to the district to Martin |
|
County or another governmental entity in Martin County; or |
|
(2) administer the property, assets, and debts until |
|
all money has been disposed of and all district debts have been paid |
|
or settled. |
|
(b) If the district makes the transfer under Subsection |
|
(a)(1), the county or entity assumes all debts and obligations of |
|
the district at the time of the transfer, and the district is |
|
dissolved. |
|
(c) If Subsection (a)(1) does not apply and the board |
|
administers the property, assets, and debts of the district under |
|
Subsection (a)(2), the district is dissolved when all money has |
|
been disposed of and all district debts have been paid or settled. |
|
Sec. 1056.306. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
TAXES. (a) After the board finds that the district is dissolved, |
|
the board shall: |
|
(1) determine the debt owed by the district; and |
|
(2) impose on the property included in the district's |
|
tax rolls a tax that is in proportion of the debt to the property |
|
value. |
|
(b) On the payment of all outstanding debts and obligations |
|
of the district, the board shall order the secretary to return to |
|
each district taxpayer the taxpayer's pro rata share of all unused |
|
tax money. |
|
(c) A taxpayer may request that the taxpayer's share of |
|
surplus tax money be credited to the taxpayer's county taxes. If a |
|
taxpayer requests the credit, the board shall direct the secretary |
|
to transmit the money to the county tax assessor-collector. |
|
Sec. 1056.307. REPORT; DISSOLUTION ORDER. (a) After the |
|
district has paid all its debts and has disposed of all its money |
|
and other assets as prescribed by this subchapter, the board shall |
|
file a written report with the Commissioners Court of Martin County |
|
summarizing the board's actions in dissolving the district. |
|
(b) Not later than the 10th day after the date the |
|
Commissioners Court of Martin County receives the report and |
|
determines that the requirements of this subchapter have been |
|
fulfilled, the commissioners court shall enter an order dissolving |
|
the district and releasing the board from any further duty or |
|
obligation. |
|
(b) Section 5, Chapter 1410 (H.B. 4730), Acts of the 81st |
|
Legislature, Regular Session, 2009, is repealed. |
|
SECTION 22.007. (a) Subchapter C, Chapter 1063, Special |
|
District Local Laws Code, as effective April 1, 2011, is amended to |
|
conform to Section 1, Chapter 1402 (H.B. 1517), Acts of the 81st |
|
Legislature, Regular Session, 2009, by adding Section 1063.1175 to |
|
read as follows: |
|
Sec. 1063.1175. ADDITIONAL POWERS RELATED TO INDIGENT |
|
HEALTH CARE. In addition to the powers otherwise provided by this |
|
chapter, the district may exercise any power granted to a county or |
|
a public hospital by Sections 61.035, 61.057, 61.058, and 61.059, |
|
Health and Safety Code, as those sections existed on September 30, |
|
2009, including the power to require a person to comply with a |
|
corresponding duty. |
|
(b) Section 1, Chapter 1402 (H.B. 1517), Acts of the 81st |
|
Legislature, Regular Session, 2009, is repealed. |
|
SECTION 22.008. (a) Subchapter E, Chapter 1067, Special |
|
District Local Laws Code, as effective April 1, 2011, is amended to |
|
conform to Section 1, Chapter 641 (H.B. 1686), Acts of the 81st |
|
Legislature, Regular Session, 2009, by adding Sections 1067.209 and |
|
1067.210 to read as follows: |
|
Sec. 1067.209. ADDITIONAL MEANS OF SECURING REPAYMENT OF |
|
BONDS. In addition to the authority to issue general obligation |
|
bonds and revenue bonds under this subchapter, the board may |
|
provide for the security and payment of district bonds from a pledge |
|
of a combination of ad valorem taxes as authorized by Section |
|
1067.202 and revenue and other sources authorized by Section |
|
1067.206. |
|
Sec. 1067.210. USE OF BOND PROCEEDS. The district may use |
|
the proceeds of bonds issued under this subchapter to pay: |
|
(1) any expense the board determines is reasonable and |
|
necessary to issue, sell, and deliver the bonds; |
|
(2) interest payments on the bonds during a period of |
|
acquisition or construction of a project or facility to be provided |
|
through the bonds, not to exceed five years; |
|
(3) costs related to the operation and maintenance of |
|
a project or facility to be provided through the bonds: |
|
(A) during an estimated period of acquisition or |
|
construction, not to exceed five years; and |
|
(B) for one year after the project or facility is |
|
acquired or constructed; |
|
(4) costs related to the financing of the bond funds, |
|
including debt service reserve and contingency funds; |
|
(5) costs related to the bond issuance; |
|
(6) costs related to the acquisition of land or |
|
interests in land for a project or facility to be provided through |
|
the bonds; and |
|
(7) costs of construction of a project or facility to |
|
be provided through the bonds, including the payment of related |
|
professional services and expenses. |
|
(b) Section 1, Chapter 641 (H.B. 1686), Acts of the 81st |
|
Legislature, Regular Session, 2009, is repealed. |
|
SECTION 22.009. (a) Section 1067.157(a), Special District |
|
Local Laws Code, as effective April 1, 2011, is amended to conform |
|
to Section 2, Chapter 641 (H.B. 1686), Acts of the 81st Legislature, |
|
Regular Session, 2009, to read as follows: |
|
(a) The board may borrow money at a rate not to exceed the |
|
maximum annual percentage rate allowed by law for district |
|
obligations at the time the loan is made [if the board declares
|
|
that:
|
|
[(1)
money is not available to meet authorized
|
|
obligations of the district; and
|
|
[(2) an emergency exists]. |
|
(b) Section 2, Chapter 641 (H.B. 1686), Acts of the 81st |
|
Legislature, Regular Session, 2009, is repealed. |
|
SECTION 22.010. Section 1067.157(d), Special District |
|
Local Laws Code, as effective April 1, 2011, is repealed to conform |
|
to Section 3, Chapter 641 (H.B. 1686), Acts of the 81st Legislature, |
|
Regular Session, 2009. |
|
SECTION 22.011. (a) Chapter 1073, Special District Local |
|
Laws Code, as effective April 1, 2011, is amended to conform to |
|
Article 2, Chapter 876 (S.B. 2517), Acts of the 81st Legislature, |
|
Regular Session, 2009, by adding Subchapter H to read as follows: |
|
SUBCHAPTER H. DISSOLUTION OF NORTH RUNNELS COUNTY HOSPITAL |
|
DISTRICT ON CREATION OF RUNNELS COUNTY HOSPITAL DISTRICT |
|
Sec. 1073.351. DISSOLUTION; ELECTION. (a) The board may |
|
order an election on the question of the dissolution of the |
|
district, creation of the Runnels County Hospital District, |
|
transfer of the district's assets and obligations to the Runnels |
|
County Hospital District, and assumption of the district's |
|
outstanding debts by the Runnels County Hospital District. |
|
(b) The board shall order the election if: |
|
(1) the board receives a petition requesting an |
|
election that is signed by at least 50 of the district's registered |
|
voters; or |
|
(2) the board receives notice that the board of |
|
directors of the Ballinger Memorial Hospital District intends to |
|
order an election to dissolve the Ballinger Memorial Hospital |
|
District and create the Runnels County Hospital District under |
|
Subchapter D-1, Chapter 1004. |
|
(c) If the board intends to hold an election under this |
|
subchapter, the board shall notify the board of directors of the |
|
Ballinger Memorial Hospital District and the Runnels County |
|
Commissioners Court of that intention. |
|
(d) The election held under this subchapter shall be held on |
|
the same date as the election to dissolve the Ballinger Memorial |
|
Hospital District and create the Runnels County Hospital District |
|
under Subchapter D-1, Chapter 1004, and the election in the portion |
|
of the county not included in a hospital district to create the |
|
Runnels County Hospital District. The board shall coordinate with |
|
the board of directors of the Ballinger Memorial Hospital District |
|
and the Commissioners Court of Runnels County in setting the |
|
election date under this section. |
|
(e) The order calling the election must state: |
|
(1) the nature of the election, including the |
|
proposition that is to appear on the ballot; |
|
(2) the date of the election; |
|
(3) the hours during which the polls will be open; and |
|
(4) the location of the polling places. |
|
(f) Section 41.001, Election Code, does not apply to an |
|
election ordered under this section. |
|
Sec. 1073.352. NOTICE OF ELECTION. (a) The board shall |
|
give notice of an election under this subchapter by publishing a |
|
substantial copy of the election order in a newspaper with general |
|
circulation in the district once a week for two consecutive weeks. |
|
(b) The first publication must appear not later than the |
|
35th day before the date set for the election. |
|
Sec. 1073.353. BALLOT. The ballot for an election under |
|
this subchapter must be printed to permit voting for or against the |
|
proposition: "The dissolution of the North Runnels County Hospital |
|
District and the creation of the Runnels County Hospital District, |
|
providing for the imposition of an ad valorem tax at a rate not to |
|
exceed ____ cents (insert any rate not to exceed 75 cents) on each |
|
$100 valuation of taxable property in Runnels County, and providing |
|
for the transfer to and assumption by the Runnels County Hospital |
|
District of all outstanding bonds and other obligations issued for |
|
hospital purposes by the North Runnels County Hospital District, |
|
Runnels County, and any part of a municipality located in Runnels |
|
County, and the transfer of the existing North Runnels County |
|
Hospital District's assets to the Runnels County Hospital |
|
District." |
|
Sec. 1073.354. ELECTION RESULTS. (a) The board shall find |
|
that the district is dissolved if: |
|
(1) a majority of the votes in an election under this |
|
section favor dissolution of the district and creation of the |
|
Runnels County Hospital District; |
|
(2) a majority of the votes in an election held on the |
|
same date under Subchapter D-1, Chapter 1004, favor dissolution of |
|
the Ballinger Memorial Hospital District and creation of the |
|
Runnels County Hospital District; and |
|
(3) a cumulative majority of the votes in all three |
|
elections held on the question of creating the Runnels County |
|
Hospital District favor creation of the district. |
|
(b) If a majority of the votes in either election under |
|
Subsection (a)(1) or (2) do not favor dissolution of the district |
|
and creation of the Runnels County Hospital District, or if a |
|
cumulative majority of the votes in all three elections held on the |
|
question of creating the Runnels County Hospital District do not |
|
favor creation of the district, the board shall continue to |
|
administer the district, and another election on the question of |
|
dissolution under this section may not be held before the first |
|
anniversary of the date of the most recent election under this |
|
section to dissolve the district. |
|
Sec. 1073.355. TRANSFER OR ADMINISTRATION OF ASSETS. |
|
(a) If a majority of the votes in both elections under |
|
Sections 1073.354(a)(1) and (2) favor dissolution of the district |
|
and creation of the Runnels County Hospital District, and a |
|
cumulative majority of the votes in all three elections held on the |
|
question of creating the Runnels County Hospital District favor |
|
creation of the district, the board shall transfer the land, |
|
buildings, improvements, equipment, and other assets belonging to |
|
the district to the Runnels County Hospital District. |
|
(b) On the date the district makes the transfer under |
|
Subsection (a), the Runnels County Hospital District assumes all |
|
debts and obligations of the district at the time of the transfer. |
|
The district is dissolved at the time of the transfer and the board |
|
is released from any further duty or obligation. |
|
Sec. 1073.356. REFERENCE IN OTHER LAW. On the dissolution |
|
of the North Runnels County Hospital District and the approval of |
|
the creation of the Runnels County Hospital District, a reference |
|
in any law to the North Runnels County Hospital District means the |
|
Runnels County Hospital District. |
|
Sec. 1073.357. EXPIRATION. If the dissolution of the North |
|
Runnels County Hospital District and creation of the Runnels County |
|
Hospital District are not approved at an election held not later |
|
than June 19, 2014, this subchapter expires. |
|
(b) Article 2, Chapter 876 (S.B. 2517), Acts of the 81st |
|
Legislature, Regular Session, 2009, is repealed. |
|
SECTION 22.012. (a) Section 1083.051, Special District |
|
Local Laws Code, as effective April 1, 2011, is amended to conform |
|
to Section 1, Chapter 570 (S.B. 2093), Acts of the 81st Legislature, |
|
Regular Session, 2009, to read as follows: |
|
Sec. 1083.051. BOARD ELECTION; TERM. (a) The district is |
|
governed by a board of five directors elected as follows: |
|
(1) two directors are elected from each commissioners |
|
precinct included in the district; and |
|
(2) one director is elected from the district at large |
|
[from single-member voting precincts]. |
|
(b) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code: |
|
(1) directors serve staggered two-year terms; and |
|
(2) a directors' election shall be held each year on |
|
the May uniform election date prescribed by Section 41.001, |
|
Election Code, to elect the appropriate number of directors [on the
|
|
date that the election of public school trustees is held]. |
|
(b) Section 1083.052, Special District Local Laws Code, as |
|
effective April 1, 2011, is amended to conform to Section 1, |
|
Chapter 570 (S.B. 2093), Acts of the 81st Legislature, Regular |
|
Session, 2009, to read as follows: |
|
Sec. 1083.052. NOTICE OF ELECTION. Notice [At least 10 days
|
|
before the date] of a directors' election[, notice of the election] |
|
shall be published [one time] in a newspaper of general circulation |
|
in Wheeler County in accordance with Section 4.003, Election Code. |
|
(c) Section 1083.053, Special District Local Laws Code, as |
|
effective April 1, 2011, is amended to conform to Section 1, |
|
Chapter 570 (S.B. 2093), Acts of the 81st Legislature, Regular |
|
Session, 2009, to read as follows: |
|
Sec. 1083.053. BALLOT APPLICATION [PETITION]. A person |
|
seeking to have the person's name printed on the ballot as a |
|
candidate for director must file an application in accordance with |
|
Chapter 144, Election Code, with the board secretary [a petition
|
|
requesting that action]. [The petition must be:
|
|
[(1)
signed by not fewer than five registered voters
|
|
who reside in the voting precinct the candidate seeks to represent;
|
|
and
|
|
[(2)
filed at least 25 days before the date of the
|
|
election.] |
|
(d) Section 1083.054, Special District Local Laws Code, as |
|
effective April 1, 2011, is amended to conform to Section 1, |
|
Chapter 570 (S.B. 2093), Acts of the 81st Legislature, Regular |
|
Session, 2009, to read as follows: |
|
Sec. 1083.054. QUALIFICATIONS FOR OFFICE. (a) A person may |
|
not be elected or appointed as a director unless the person is: |
|
(1) [is] a resident of the district [voting precinct
|
|
the person is elected or appointed to represent]; |
|
(2) a registered voter [owns property in the district
|
|
subject to taxation]; and |
|
(3) [is] more than 18 years of age at the time of |
|
election or appointment. |
|
(b) A person who is elected from a commissioners precinct or |
|
who is appointed to fill a vacancy for a commissioners precinct must |
|
be a resident of that precinct. |
|
(c) A district employee may not serve as a director. |
|
(e) Section 1, Chapter 570 (S.B. 2093), Acts of the 81st |
|
Legislature, Regular Session, 2009, is repealed. |
|
SECTION 22.013. (a) Section 1083.152, Special District |
|
Local Laws Code, as effective April 1, 2011, is amended to conform |
|
to Section 2, Chapter 570 (S.B. 2093), Acts of the 81st Legislature, |
|
Regular Session, 2009, to read as follows: |
|
Sec. 1083.152. FISCAL YEAR. (a) The district operates on |
|
a fiscal year established by the board [that begins on October 1 and
|
|
ends on September 30]. |
|
(b) The fiscal year may not be changed: |
|
(1) if revenue bonds are outstanding; or |
|
(2) more than once in a 24-month period. |
|
(b) Section 2, Chapter 570, (S.B. 2093) Acts of the 81st |
|
Legislature, Regular Session, 2009, is repealed. |
|
SECTION 22.014. (a) Subchapter E, Chapter 1083, Special |
|
District Local Laws Code, as effective April 1, 2011, is amended to |
|
conform to Section 3, Chapter 570 (S.B. 2093), Acts of the 81st |
|
Legislature, Regular Session, 2009, by adding Section 1083.2045 to |
|
read as follows: |
|
Sec. 1083.2045. REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, renovate, |
|
or equip buildings or improvements for hospital system purposes; or |
|
(2) acquire sites to be used for hospital system |
|
purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospitals. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of the district property. |
|
(d) The bonds must be issued in the manner and in accordance |
|
with the procedures and requirements prescribed by Sections |
|
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for |
|
issuance of revenue bonds by a county hospital authority. |
|
(b) Subchapter E, Chapter 1083, Special District Local Laws |
|
Code, as effective April 1, 2011, is amended to conform to Section |
|
3, Chapter 570 (S.B. 2093), Acts of the 81st Legislature, Regular |
|
Session, 2009, by adding Sections 1083.207 and 1083.208 to read as |
|
follows: |
|
Sec. 1083.207. ADDITIONAL MEANS OF SECURING REPAYMENT OF |
|
BONDS. (a) In addition to the authority to issue general |
|
obligation bonds and revenue bonds under this subchapter, the board |
|
may provide for the security and payment of district bonds from a |
|
pledge of a combination of ad valorem taxes as authorized by Section |
|
1083.202 and revenue and other sources as authorized by Section |
|
1083.2045. |
|
(b) Bonds, other than refunding bonds, that the board |
|
proposes to secure wholly or partly by an ad valorem tax must be |
|
approved at an election held in the district in accordance with |
|
Section 1083.203. |
|
Sec. 1083.208. USE OF BOND PROCEEDS. The district may use |
|
the proceeds of bonds issued under this subchapter to pay: |
|
(1) any expense the board determines is reasonable and |
|
necessary to issue, sell, and deliver the bonds; |
|
(2) interest payments on the bonds during a period of |
|
acquisition or construction of a project or facility to be provided |
|
through the bonds, not to exceed five years; |
|
(3) costs related to the operation and maintenance of |
|
a project or facility to be provided through the bonds: |
|
(A) during an estimated period of acquisition or |
|
construction, not to exceed five years; and |
|
(B) for one year after the project or facility is |
|
acquired or constructed; |
|
(4) costs related to the financing of the bond funds, |
|
including debt service reserve and contingency funds; |
|
(5) costs related to the bond issuance; |
|
(6) costs related to the acquisition of land or |
|
interests in land for a project or facility to be provided through |
|
the bonds; and |
|
(7) costs of construction of a project or facility to |
|
be provided through the bonds, including the payment of related |
|
professional services and expenses. |
|
(c) Section 3, Chapter 570 (S.B. 2093), Acts of the 81st |
|
Legislature, Regular Session, 2009, is repealed. |
|
SECTION 22.015. (a) Chapter 1083, Special District Local |
|
Laws Code, as effective April 1, 2011, is amended to conform to |
|
Section 4, Chapter 570 (S.B. 2093), Acts of the 81st Legislature, |
|
Regular Session, 2009, by adding Subchapter G to read as follows: |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec. 1083.301. DISSOLUTION; ELECTION. (a) The district |
|
may be dissolved only if the dissolution is approved by a majority |
|
of the registered voters of the district voting in an election held |
|
for that purpose. |
|
(b) The board may order an election on the question of |
|
dissolving the district and disposing of the district's assets and |
|
obligations. |
|
(c) The board shall order an election if the board receives |
|
a petition requesting an election that is signed by a number of |
|
registered voters of the district equal to at least 15 percent of |
|
the registered voters in the district. |
|
(d) Section 41.001, Election Code, does not apply to an |
|
election ordered under this subchapter. |
|
(e) The order calling an election under this subchapter must |
|
state: |
|
(1) the nature of the election, including the |
|
proposition that is to appear on the ballot; |
|
(2) the date of the election; |
|
(3) the hours during which the polls will be open; and |
|
(4) the location of the polling places. |
|
Sec. 1083.302. NOTICE OF ELECTION. (a) The board shall |
|
give notice of the election by publishing a substantial copy of the |
|
election order in a newspaper with general circulation in the |
|
district once a week for two consecutive weeks. |
|
(b) The first publication must appear not later than the |
|
35th day before the date set for the election. |
|
Sec. 1083.303. BALLOT. The ballot for the election must be |
|
printed to permit voting for or against the proposition: "The |
|
dissolution of the North Wheeler County Hospital District." |
|
Sec. 1083.304. ELECTION RESULTS. (a) If a majority of the |
|
votes in the election favor dissolution, the board shall find that |
|
the district is dissolved. |
|
(b) If a majority of the votes in the election do not favor |
|
dissolution, the board shall continue to administer the district, |
|
and another election on the question of dissolution may not be held |
|
before the first anniversary of the most recent election to |
|
dissolve the district. |
|
Sec. 1083.305. TRANSFER OR ADMINISTRATION OF ASSETS. |
|
(a) If a majority of the votes in the election favor dissolution, |
|
the board shall: |
|
(1) transfer the land, buildings, improvements, |
|
equipment, and other assets that belong to the district to Wheeler |
|
County or another governmental entity in Wheeler County; or |
|
(2) administer the property, assets, and debts until |
|
all money has been disposed of and all district debts have been paid |
|
or settled. |
|
(b) If the district transfers the land, buildings, |
|
improvements, equipment, and other assets to Wheeler County or |
|
another governmental entity, the county or entity assumes all debts |
|
and obligations of the district at the time of the transfer, and the |
|
district is dissolved. |
|
(c) If the district does not transfer the land, buildings, |
|
improvements, equipment, and other assets to Wheeler County or |
|
another governmental entity, the board shall administer the |
|
property, assets, and debts of the district until all funds have |
|
been disposed of and all district debts have been paid or settled, |
|
at which time the district is dissolved. |
|
Sec. 1083.306. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
TAXES. (a) After the board finds that the district is dissolved, |
|
the board shall: |
|
(1) determine any debt owed by the district; and |
|
(2) impose on the property included in the district's |
|
tax rolls a tax that is in proportion of the debt to the property |
|
value. |
|
(b) When all outstanding debts and obligations of the |
|
district are paid, the board shall order the secretary to return to |
|
each district taxpayer the taxpayer's pro rata share of all unused |
|
tax money. |
|
(c) A taxpayer may request that the taxpayer's share of |
|
surplus tax money be credited to the taxpayer's county taxes. If a |
|
taxpayer requests the credit, the board shall direct the secretary |
|
to transmit the money to the county tax assessor-collector. |
|
Sec. 1083.307. REPORT; DISSOLUTION ORDER. (a) After the |
|
district has paid all its debts and has disposed of all its assets |
|
and money as prescribed by this subchapter, the board shall file a |
|
written report with the Commissioners Court of Wheeler County |
|
summarizing the board's actions in dissolving the district. |
|
(b) Not later than the 10th day after the date it receives |
|
the report and determines that the requirements of this section |
|
have been fulfilled, the Commissioners Court of Wheeler County |
|
shall enter an order dissolving the district and releasing the |
|
board from any further duty or obligation. |
|
(b) Section 4, Chapter 570 (S.B. 2093), Acts of the 81st |
|
Legislature, Regular Session, 2009, is repealed. |
|
SECTION 22.016. (a) Subchapter D, Chapter 1088, Special |
|
District Local Laws Code, as effective April 1, 2011, is amended to |
|
conform to Section 1, Chapter 921 (H.B. 2994), Acts of the 81st |
|
Legislature, Regular Session, 2009, by adding Section 1088.161 to |
|
read as follows: |
|
Sec. 1088.161. AUTHORITY TO BORROW MONEY; SECURITY. |
|
(a) The board may borrow money at a rate not to exceed the maximum |
|
annual percentage rate allowed by law for district obligations at |
|
the time the loan is made. |
|
(b) To secure a loan, the board may pledge: |
|
(1) district revenue that is not pledged to pay the |
|
district's bonded indebtedness; |
|
(2) a district tax to be imposed by the district during |
|
the 12-month period following the date of the pledge that is not |
|
pledged to pay the principal of or interest on district bonds; or |
|
(3) a district bond that has been authorized but not |
|
sold. |
|
(c) A loan for which taxes or bonds are pledged must mature |
|
not later than the first anniversary of the date the loan is made. A |
|
loan for which district revenue is pledged must mature not later |
|
than the fifth anniversary of the date the loan is made. |
|
(b) Section 1, Chapter 921 (H.B. 2994), Acts of the 81st |
|
Legislature, Regular Session, 2009, is repealed. |
|
SECTION 22.017. (a) Subchapter E, Chapter 1088, Special |
|
District Local Laws Code, as effective April 1, 2011, is amended to |
|
conform to Section 2, Chapter 921 (H.B. 2994), Acts of the 81st |
|
Legislature, Regular Session, 2009, by adding Sections 1088.208 and |
|
1088.209 to read as follows: |
|
Sec. 1088.208. ADDITIONAL MEANS OF SECURING REPAYMENT OF |
|
BONDS. In addition to the authority to issue general obligation |
|
bonds and revenue bonds under this subchapter, the board may |
|
provide for the security and payment of district bonds from a pledge |
|
of a combination of ad valorem taxes as authorized by Section |
|
1088.202 and revenue and other sources as authorized by Section |
|
1088.206. |
|
Sec. 1088.209. USE OF BOND PROCEEDS. The district may use |
|
the proceeds of bonds issued under this subchapter to pay: |
|
(1) any expense the board determines is reasonable and |
|
necessary to issue, sell, and deliver the bonds; |
|
(2) interest payments on the bonds during a period of |
|
acquisition or construction of a project or facility to be provided |
|
through the bonds, not to exceed five years; |
|
(3) costs related to the operation and maintenance of |
|
a project or facility to be provided through the bonds: |
|
(A) during an estimated period of acquisition or |
|
construction, not to exceed five years; and |
|
(B) for one year after the project or facility is |
|
acquired or constructed; |
|
(4) costs related to the financing of the bond funds, |
|
including debt service reserve and contingency funds; |
|
(5) costs related to the bond issuance; |
|
(6) costs related to the acquisition of land or |
|
interests in land for a project or facility to be provided through |
|
the bonds; and |
|
(7) costs of construction of a project or facility to |
|
be provided through the bonds, including the payment of related |
|
professional services and expenses. |
|
(b) Section 2, Chapter 921 (H.B. 2994), Acts of the 81st |
|
Legislature, Regular Session, 2009, is repealed. |
|
SECTION 22.018. Section 3854.151, Special District Local |
|
Laws Code, as effective April 1, 2011, is amended to correct a |
|
reference to read as follows: |
|
Sec. 3854.151. GENERAL POWERS. The district has: |
|
(1) all the rights, powers, and privileges conferred |
|
by the general law of this state applicable to districts created |
|
under: |
|
(A) Chapter 375, Local Government Code; |
|
(B) Chapter 172, Transportation Code, or Chapter |
|
623, Acts of the 67th Legislature, Regular Session, 1981 (former |
|
Article 6550c, Vernon's Texas Civil Statutes); |
|
(C) Chapter 441, Transportation Code; and |
|
(D) Chapter 54, Water Code; |
|
(2) the rights, powers, and privileges granted to |
|
districts by: |
|
(A) Subchapters E and M, Chapter 60, Water Code; |
|
and |
|
(B) Section 61.116, Water Code; and |
|
(3) all the powers granted to municipal management |
|
districts under Sections 375.092 and 375.111, Local Government |
|
Code, to provide any services or for any project the district is |
|
authorized to acquire, construct, or improve under this chapter. |
|
SECTION 22.019. (a) Subchapter C, Chapter 8272, Special |
|
District Local Laws Code, as effective April 1, 2011, is amended to |
|
conform to Section 1, Chapter 590 (S.B. 2482), Acts of the 81st |
|
Legislature, Regular Session, 2009, by adding Section 8272.105 to |
|
read as follows: |
|
Sec. 8272.105. BONDS FOR RECREATIONAL FACILITIES. Section |
|
49.4645(f), Water Code, does not apply to the district. |
|
(b) Section 1, Chapter 590 (S.B. 2483), Acts of the 81st |
|
Legislature, Regular Session, 2009, is repealed. |
|
SECTION 22.020. (a) Section 8282.253(a), Special District |
|
Local Laws Code, as effective April 1, 2011, is amended to conform |
|
to Section 1, Chapter 582 (S.B. 2462), Acts of the 81st Legislature, |
|
Regular Session, 2009, to read as follows: |
|
(a) To pay all or part of the costs of an improvement project |
|
or service under Section 8282.154, the board may issue bonds in one |
|
or more series payable from and secured by ad valorem taxes, |
|
assessments, impact fees, revenues, payments pursuant to an |
|
agreement made under Section 311.010(b), Tax Code, dedicating |
|
revenue from a tax increment fund, grants, gifts, contracts, or |
|
leases or any combination of those sources of money. |
|
(b) Section 8282.253, Special District Local Laws Code, as |
|
effective April 1, 2011, is amended to conform to Section 1, Chapter |
|
582 (S.B. 2462), Acts of the 81st Legislature, Regular Session, |
|
2009, by adding Subsection (d) to read as follows: |
|
(d) Sections 49.181 and 49.182, Water Code, do not apply to: |
|
(1) bonds issued by the district and payable from: |
|
(A) assessments imposed by the district under |
|
Section 8282.154 that are paid in full on the first conveyance of |
|
land after imposition of the assessment; or |
|
(B) payments pursuant to an agreement made under |
|
Section 311.010(b), Tax Code, dedicating revenue from a tax |
|
increment fund; or |
|
(2) a project that is financed by an issuance of bonds |
|
described by Subdivision (1). |
|
(c) Section 1, Chapter 582 (S.B. 2462), Acts of the 81st |
|
Legislature, Regular Session, 2009, is repealed. |
|
SECTION 22.021. (a) Section 8826.053, Special District |
|
Local Laws Code, as effective April 1, 2011, is amended to conform |
|
to Section 1, Chapter 1088 (H.B. 4785), Acts of the 81st |
|
Legislature, Regular Session, 2009, to read as follows: |
|
Sec. 8826.053. ELECTION DATE. On the uniform election date |
|
[first Tuesday after the first Monday] in May [November] of each |
|
even-numbered year, the appropriate number of directors shall be |
|
elected. |
|
(b) Section 8826.151, Special District Local Laws Code, as |
|
effective April 1, 2011, is amended to conform to Section 2, Chapter |
|
1088 (H.B. 4785), Acts of the 81st Legislature, Regular Session, |
|
2009, to read as follows: |
|
Sec. 8826.151. FEES. Unless exempt under this chapter or |
|
Chapter 36, Water Code, the board may establish by schedule and |
|
impose: |
|
(1) a production fee based on the amount of |
|
groundwater authorized by permit to be withdrawn from a well or the |
|
amount of groundwater actually withdrawn from a well in an amount |
|
not to exceed 17 cents per thousand gallons [under Section 36.205,
|
|
Water Code]; |
|
(2) an export fee for groundwater transferred out of |
|
the district in an amount not to exceed 150 percent of the maximum |
|
wholesale water rate charged by the City of Houston; and |
|
(3) other fees as authorized by Chapter 36, Water |
|
Code. |
|
(c) Sections 1 and 2, Chapter 1088 (H.B. 4785), Acts of the |
|
81st Legislature, Regular Session, 2009, are repealed. |
|
SECTION 22.022. Section 8829.102(a), Special District |
|
Local Laws Code, is amended to more closely conform to the source |
|
law from which the section was derived to read as follows: |
|
(a) In recognition of the need for uniform regional |
|
monitoring and regulation of common, scientifically recognized |
|
groundwater sources, and within designated management areas, the |
|
district shall establish rules that: |
|
(1) require the permitting of each water well that is: |
|
(A) not exempted [exempt] from permitting by |
|
Chapter 36, Water Code; and |
|
(B) capable of producing more than 25,000 gallons |
|
each day; |
|
(2) provide for the prevention of waste, as defined by |
|
Section 36.001, Water Code; |
|
(3) provide for timely capping or plugging of |
|
abandoned wells; and |
|
(4) require reports to be filed with the district on |
|
each new, nonexempt water well. |
|
SECTION 22.023. Subchapter A, Chapter 8831, Special |
|
District Local Laws Code, is amended to more closely conform to the |
|
source law from which that subchapter was derived by adding Section |
|
8831.005 to read as follows: |
|
Sec. 8831.005. CONFLICTS OF LAW. The following provisions |
|
prevail over a conflicting or inconsistent provision of this |
|
chapter: |
|
(1) Sections 36.1071-36.108, Water Code; |
|
(2) Sections 36.159-36.161, Water Code; and |
|
(3) Subchapter I, Chapter 36, Water Code. |
|
SECTION 22.024. Subchapter A, Chapter 8836, Special |
|
District Local Laws Code, is amended to more closely conform to the |
|
source law from which that subchapter was derived by adding Section |
|
8836.006 to read as follows: |
|
Sec. 8836.006. CONFLICTS OF LAW. The following provisions |
|
prevail over a conflicting or inconsistent provision of this |
|
chapter: |
|
(1) Sections 36.1071-36.108, Water Code; |
|
(2) Sections 36.159-36.161, Water Code; and |
|
(3) Subchapter I, Chapter 36, Water Code. |
|
SECTION 22.025. Subchapter A, Chapter 8849, Special |
|
District Local Laws Code, is amended to more closely conform to the |
|
source law from which that subchapter was derived by adding Section |
|
8849.005 to read as follows: |
|
Sec. 8849.005. CONFLICTS OF LAW. The following provisions |
|
prevail over a conflicting or inconsistent provision of this |
|
chapter: |
|
(1) Sections 36.1071-36.1073, Water Code; |
|
(2) Sections 36.159-36.161, Water Code; and |
|
(3) Subchapter I, Chapter 36, Water Code. |
|
SECTION 22.026. Section 8844.004, Special District Local |
|
Laws Code, as effective April 1, 2011, is amended to correct a |
|
reference to read as follows: |
|
Sec. 8844.004. DISTRICT TERRITORY. The district is |
|
composed of the territory located in Gillespie County, unless the |
|
district's territory has been modified under: |
|
(1) Subchapter B [this subchapter]; or |
|
(2) other law. |
|
ARTICLE 23. CHANGES RELATING TO TAX CODE |
|
SECTION 23.001. Section 11.18(d), Tax Code, as reenacted |
|
and amended by Chapters 1246 (S.B. 2442) and 1314 (H.B. 2628), Acts |
|
of the 81st Legislature, Regular Session, 2009, is reenacted and |
|
amended to read as follows: |
|
(d) A charitable organization must be organized exclusively |
|
to perform religious, charitable, scientific, literary, or |
|
educational purposes and, except as permitted by Subsections (h) |
|
and (l), engage exclusively in performing one or more of the |
|
following charitable functions: |
|
(1) providing medical care without regard to the |
|
beneficiaries' ability to pay, which in the case of a nonprofit |
|
hospital or hospital system means providing charity care and |
|
community benefits in accordance with Section 11.1801; |
|
(2) providing support or relief to orphans, |
|
delinquent, dependent, or handicapped children in need of |
|
residential care, abused or battered spouses or children in need of |
|
temporary shelter, the impoverished, or victims of natural disaster |
|
without regard to the beneficiaries' ability to pay; |
|
(3) providing support without regard to the |
|
beneficiaries' ability to pay to: |
|
(A) elderly persons, including the provision of: |
|
(i) recreational or social activities; and |
|
(ii) facilities designed to address the |
|
special needs of elderly persons; or |
|
(B) the handicapped, including training and |
|
employment: |
|
(i) in the production of commodities; or |
|
(ii) in the provision of services under 41 |
|
U.S.C. Sections 46-48c; |
|
(4) preserving a historical landmark or site; |
|
(5) promoting or operating a museum, zoo, library, |
|
theater of the dramatic or performing arts, or symphony orchestra |
|
or choir; |
|
(6) promoting or providing humane treatment of |
|
animals; |
|
(7) acquiring, storing, transporting, selling, or |
|
distributing water for public use; |
|
(8) answering fire alarms and extinguishing fires with |
|
no compensation or only nominal compensation to the members of the |
|
organization; |
|
(9) promoting the athletic development of boys or |
|
girls under the age of 18 years; |
|
(10) preserving or conserving wildlife; |
|
(11) promoting educational development through loans |
|
or scholarships to students; |
|
(12) providing halfway house services pursuant to a |
|
certification as a halfway house by the parole division of the Texas |
|
Department of Criminal Justice; |
|
(13) providing permanent housing and related social, |
|
health care, and educational facilities for persons who are 62 |
|
years of age or older without regard to the residents' ability to |
|
pay; |
|
(14) promoting or operating an art gallery, museum, or |
|
collection, in a permanent location or on tour, that is open to the |
|
public; |
|
(15) providing for the organized solicitation and |
|
collection for distributions through gifts, grants, and agreements |
|
to nonprofit charitable, education, religious, and youth |
|
organizations that provide direct human, health, and welfare |
|
services; |
|
(16) performing biomedical or scientific research or |
|
biomedical or scientific education for the benefit of the public; |
|
(17) operating a television station that produces or |
|
broadcasts educational, cultural, or other public interest |
|
programming and that receives grants from the Corporation for |
|
Public Broadcasting under 47 U.S.C. Section 396, as amended; |
|
(18) providing housing for low-income and |
|
moderate-income families, for unmarried individuals 62 years of age |
|
or older, for handicapped individuals, and for families displaced |
|
by urban renewal, through the use of trust assets that are |
|
irrevocably and, pursuant to a contract entered into before |
|
December 31, 1972, contractually dedicated on the sale or |
|
disposition of the housing to a charitable organization that |
|
performs charitable functions described by Subdivision (9); |
|
(19) providing housing and related services to persons |
|
who are 62 years of age or older in a retirement community, if the |
|
retirement community provides independent living services, |
|
assisted living services, and nursing services to its residents on |
|
a single campus: |
|
(A) without regard to the residents' ability to |
|
pay; or |
|
(B) in which at least four percent of the |
|
retirement community's combined net resident revenue is provided in |
|
charitable care to its residents; |
|
(20) providing housing on a cooperative basis to |
|
students of an institution of higher education if: |
|
(A) the organization is exempt from federal |
|
income taxation under Section 501(a), Internal Revenue Code of |
|
1986, as amended, by being listed as an exempt entity under Section |
|
501(c)(3) of that code; |
|
(B) membership in the organization is open to all |
|
students enrolled in the institution and is not limited to those |
|
chosen by current members of the organization; |
|
(C) the organization is governed by its members; |
|
and |
|
(D) the members of the organization share the |
|
responsibility for managing the housing; |
|
(21) acquiring, holding, and transferring unimproved |
|
real property under an urban land bank demonstration program |
|
established under Chapter 379C, Local Government Code, as or on |
|
behalf of a land bank; |
|
(22) acquiring, holding, and transferring unimproved |
|
real property under an urban land bank program established under |
|
Chapter 379E, Local Government Code, as or on behalf of a land bank; |
|
[or] |
|
(23) providing housing and related services to |
|
individuals who: |
|
(A) are unaccompanied and homeless and have a |
|
disabling condition; and |
|
(B) have been continuously homeless for a year or |
|
more or have had at least four episodes of homelessness in the |
|
preceding three years; or |
|
(24) [(23)] operating a radio station that broadcasts |
|
educational, cultural, or other public interest programming, |
|
including classical music, and that in the preceding five years has |
|
received or been selected to receive one or more grants from the |
|
Corporation for Public Broadcasting under 47 U.S.C. Section 396, as |
|
amended. |
|
SECTION 23.002. Section 26.08(p), Tax Code, as added by |
|
Chapters 1240 (S.B. 2274) and 1328 (H.B. 3646), Acts of the 81st |
|
Legislature, Regular Session, 2009, is reenacted to read as |
|
follows: |
|
(p) Notwithstanding Subsections (i), (n), and (o), if for |
|
the preceding tax year a school district adopted a maintenance and |
|
operations tax rate that was less than the district's effective |
|
maintenance and operations tax rate for that preceding tax year, |
|
the rollback tax rate of the district for the current tax year is |
|
calculated as if the district adopted a maintenance and operations |
|
tax rate for the preceding tax year that was equal to the district's |
|
effective maintenance and operations tax rate for that preceding |
|
tax year. |
|
SECTION 23.003. Section 151.316(a), Tax Code, as amended by |
|
Chapters 1162 (H.B. 3144) and 1373 (S.B. 958), Acts of the 81st |
|
Legislature, Regular Session, 2009, is reenacted to read as |
|
follows: |
|
(a) The following items are exempted from the taxes imposed |
|
by this chapter: |
|
(1) horses, mules, and work animals; |
|
(2) animal life the products of which ordinarily |
|
constitute food for human consumption; |
|
(3) feed for farm and ranch animals; |
|
(4) feed for animals that are held for sale in the |
|
regular course of business; |
|
(5) seeds and annual plants the products of which: |
|
(A) ordinarily constitute food for human |
|
consumption; |
|
(B) are to be sold in the regular course of |
|
business; or |
|
(C) are used to produce feed for animals exempted |
|
by this section; |
|
(6) fertilizers, fungicides, insecticides, |
|
herbicides, defoliants, and desiccants exclusively used or |
|
employed on a farm or ranch in the production of: |
|
(A) food for human consumption; |
|
(B) feed for animal life; or |
|
(C) other agricultural products to be sold in the |
|
regular course of business; |
|
(7) machinery and equipment exclusively used or |
|
employed on a farm or ranch in the building or maintaining of roads |
|
or water facilities or in the production of: |
|
(A) food for human consumption; |
|
(B) grass; |
|
(C) feed for animal life; or |
|
(D) other agricultural products to be sold in the |
|
regular course of business; |
|
(8) machinery and equipment exclusively used in, and |
|
pollution control equipment required as a result of, the |
|
processing, packing, or marketing of agricultural products by an |
|
original producer at a location operated by the original producer |
|
for processing, packing, or marketing the producer's own products |
|
if: |
|
(A) 50 percent or more of the products processed, |
|
packed, or marketed at or from the location are produced by the |
|
original producer and not purchased or acquired from others; and |
|
(B) the producer does not process, pack, or |
|
market for consideration any agricultural products that belong to |
|
other persons in an amount greater than five percent of the total |
|
agricultural products processed, packed, or marketed by the |
|
producer; |
|
(9) ice exclusively used by commercial fishing boats |
|
in the storing of aquatic species including but not limited to |
|
shrimp, other crustaceans, finfish, mollusks, and other similar |
|
creatures; |
|
(10) tangible personal property, including a tire, |
|
sold or used to be installed as a component part of a motor vehicle, |
|
machinery, or other equipment exclusively used or employed on a |
|
farm or ranch in the building or maintaining of roads or water |
|
facilities or in the production of: |
|
(A) food for human consumption; |
|
(B) grass; |
|
(C) feed for animal life; or |
|
(D) other agricultural products to be sold in the |
|
regular course of business; |
|
(11) machinery and equipment exclusively used in an |
|
agricultural aircraft operation, as defined by 14 C.F.R. Section |
|
137.3; and |
|
(12) tangible personal property incorporated into a |
|
structure that is used for the disposal of poultry carcasses in |
|
accordance with Section 26.303, Water Code. |
|
SECTION 23.004. Section 351.101(a), Tax Code, as amended by |
|
Chapters 402 (H.B. 1789), 1220 (S.B. 1247), and 1322 (H.B. 3098), |
|
Acts of the 81st Legislature, Regular Session, 2009, is reenacted |
|
and amended to read as follows: |
|
(a) Revenue from the municipal hotel occupancy tax may be |
|
used only to promote tourism and the convention and hotel industry, |
|
and that use is limited to the following: |
|
(1) the acquisition of sites for and the construction, |
|
improvement, enlarging, equipping, repairing, operation, and |
|
maintenance of convention center facilities or visitor information |
|
centers, or both; |
|
(2) the furnishing of facilities, personnel, and |
|
materials for the registration of convention delegates or |
|
registrants; |
|
(3) advertising and conducting solicitations and |
|
promotional programs to attract tourists and convention delegates |
|
or registrants to the municipality or its vicinity; |
|
(4) the encouragement, promotion, improvement, and |
|
application of the arts, including instrumental and vocal music, |
|
dance, drama, folk art, creative writing, architecture, design and |
|
allied fields, painting, sculpture, photography, graphic and craft |
|
arts, motion pictures, radio, television, tape and sound recording, |
|
and other arts related to the presentation, performance, execution, |
|
and exhibition of these major art forms; |
|
(5) historical restoration and preservation projects |
|
or activities or advertising and conducting solicitations and |
|
promotional programs to encourage tourists and convention |
|
delegates to visit preserved historic sites or museums: |
|
(A) at or in the immediate vicinity of convention |
|
center facilities or visitor information centers; or |
|
(B) located elsewhere in the municipality or its |
|
vicinity that would be frequented by tourists and convention |
|
delegates; |
|
(6) for a municipality located in a county with a |
|
population of one million or less, expenses, including promotion |
|
expenses, directly related to a sporting event in which the |
|
majority of participants are tourists who substantially increase |
|
economic activity at hotels and motels within the municipality or |
|
its vicinity; |
|
(7) subject to Section 351.1076, the promotion of |
|
tourism by the enhancement and upgrading of existing sports |
|
facilities or fields, including facilities or fields for baseball, |
|
softball, soccer, and flag football, if: |
|
(A) the municipality owns the facilities or |
|
fields; |
|
(B) the municipality: |
|
(i) has a population of 80,000 or more and |
|
is located in a county that has a population of 350,000 or less; |
|
(ii) has a population of at least 65,000 but |
|
not more than 70,000 and is located in a county that has a |
|
population of 155,000 or less; |
|
(iii) has a population of at least 34,000 |
|
but not more than 36,000 and is located in a county that has a |
|
population of 90,000 or less; |
|
(iv) has a population of at least 13,000 but |
|
less than 39,000 and is located in a county that has a population of |
|
at least 200,000; |
|
(v) has a population of at least 65,000 but |
|
less than 80,000 and no part of which is located in a county with a |
|
population greater than 150,000; or |
|
(vi) is located in a county that: |
|
(a) is adjacent to the Texas-Mexico |
|
border; |
|
(b) has a population of at least |
|
500,000; and |
|
(c) does not have a municipality with |
|
a population greater than 500,000; and |
|
(C) the sports facilities and fields have been |
|
used, in the preceding calendar year, a combined total of more than |
|
10 times for district, state, regional, or national sports |
|
tournaments; [and] |
|
(8) for a municipality with a population of at least |
|
65,000 but less than 80,000, no part of which is located in a county |
|
with a population greater than 150,000, the construction, |
|
improvement, enlarging, equipping, repairing, operation, and |
|
maintenance of a coliseum or multiuse facility; |
|
(9) [(8)] signage directing the public to sights and |
|
attractions that are visited frequently by hotel guests in the |
|
municipality; and |
|
(10) [(8)] the construction of a recreational venue in |
|
the immediate vicinity of area hotels, if: |
|
(A) the municipality: |
|
(i) is a general-law municipality; |
|
(ii) has a population of not more than 900; |
|
and |
|
(iii) does not impose an ad valorem tax; |
|
(B) not more than $100,000 of municipal hotel |
|
occupancy tax revenue is used for the construction of the |
|
recreational venue; |
|
(C) a majority of the hotels in the municipality |
|
request the municipality to construct the recreational venue; |
|
(D) the recreational venue will be used primarily |
|
by hotel guests; and |
|
(E) the municipality will pay for maintenance of |
|
the recreational venue from the municipality's general fund. |
|
ARTICLE 24. CHANGES RELATING TO TRANSPORTATION CODE |
|
PART A. GENERAL CHANGES |
|
SECTION 24.001. Section 91.004(c), Transportation Code, as |
|
amended by Chapters 16 (H.B. 2434) and 85 (S.B. 1540), Acts of the |
|
81st Legislature, Regular Session, 2009, is reenacted and amended |
|
to read as follows: |
|
(c) Subsection (b) does not apply to money appropriated or |
|
allocated: |
|
(1) to a transit authority described by Chapter 451, a |
|
transportation authority described by Chapter 452 or 460, or a |
|
transit department described by Chapter 453; or |
|
(2) for use by: |
|
(A) a port authority or navigation district |
|
created or operating under Section 52, Article III, or Section 59, |
|
Article XVI, Texas Constitution; or |
|
(B) a district created under: |
|
(i) Chapter 171; |
|
(ii) Chapter 172 of this code or Chapter |
|
623, Acts of the 67th Legislature, Regular Session, 1981 (former |
|
Article 6550c, Vernon's Texas Civil Statutes); |
|
(iii) Chapter 173 of this code or former |
|
Article 6550c-1, Revised Statutes; or |
|
(iv) Chapter 174 of this code or former |
|
Article 6550c-3, Revised Statutes. |
|
SECTION 24.002. Section 171.256(a), Transportation Code, |
|
is amended to correct a reference to read as follows: |
|
(a) Section 173.256(d) [8(d), Article 6550c-1, Revised
|
|
Statutes], relating to the limit on payments made by a local |
|
government, does not apply to a district to which Section 171.053 |
|
applies. |
|
SECTION 24.003. (a) Section 173.052, Transportation Code, |
|
as effective April 1, 2011, is amended to conform to Section 1, |
|
Chapter 749 (S.B. 581), Acts of the 81st Legislature, Regular |
|
Session, 2009, to read as follows: |
|
Sec. 173.052. ADDITION OF POLITICAL SUBDIVISION OR OTHER |
|
PUBLIC ENTITY TO DISTRICT. The following political subdivisions |
|
and other public entities may become a part of a district with the |
|
approval of the governing body of the political subdivision or |
|
public entity: |
|
(1) a county located adjacent to the county in which a |
|
creating municipality is located; [and] |
|
(2) a municipality with a population of more than |
|
18,000 located in a county described by Subdivision (1); and |
|
(3) a public entity located in a county that has become |
|
part of the district. |
|
(b) Section 1, Chapter 749 (S.B. 581), Acts of the 81st |
|
Legislature, Regular Session, 2009, which amended Subsection (c), |
|
Section 2, Article 6550c-1, Revised Statutes, is repealed. |
|
SECTION 24.004. (a) Section 173.102(a), Transportation |
|
Code, as effective April 1, 2011, is amended to conform to Section |
|
2, Chapter 749 (S.B. 581), Acts of the 81st Legislature, Regular |
|
Session, 2009, to read as follows: |
|
(a) The board is composed of: |
|
(1) two public directors appointed by the commission; |
|
(2) one elected member of the governing body of each |
|
political subdivision that has become a part of the district under |
|
Subchapter B; |
|
(3) one elected director appointed by the regional |
|
planning organization of which a creating municipality is a part; |
|
(4) one director appointed by each creating |
|
municipality to represent the business community of the |
|
municipality; |
|
(5) one director appointed by each authority created |
|
under Chapter 451 that serves a creating municipality; |
|
(6) one director appointed by each county in which a |
|
creating municipality is located to represent transportation |
|
providers that provide service to rural areas in the county; [and] |
|
(7) one member appointed by each public entity that |
|
has become a part of the district under Section 173.052; and |
|
(8) one director appointed by all other directors to |
|
represent all municipalities in the district that do not otherwise |
|
have representation on the board who is an elected official of one |
|
of those municipalities. |
|
(b) Subchapter D, Chapter 173, Transportation Code, as |
|
effective April 1, 2011, is amended to conform to Section 2, Chapter |
|
749 (S.B. 581), Acts of the 81st Legislature, Regular Session, |
|
2009, by adding Section 173.161 to read as follows: |
|
Sec. 173.161. CHANGING NAME OF DISTRICT. The board shall |
|
adopt a name for the district and may by resolution change the name |
|
of the district. |
|
(c) Section 2, Chapter 749 (S.B. 581), Acts of the 81st |
|
Legislature, Regular Session, 2009, which amended Section 3, |
|
Article 6550c-1, Revised Statutes, by amending Subsection (b) and |
|
adding Subsection (i), is repealed. |
|
SECTION 24.005. (a) Section 173.201, Transportation Code, |
|
as effective April 1, 2011, is amended to conform to Section 3, |
|
Chapter 749 (S.B. 581), Acts of the 81st Legislature, Regular |
|
Session, 2009, to read as follows: |
|
Sec. 173.201. GENERAL AUTHORITY OVER COMMUTER RAIL |
|
FACILITIES. A district may acquire, construct, develop, own, |
|
operate, and maintain intermodal and commuter rail facilities, or |
|
intercity or other types of passenger rail services, inside, or |
|
connect political subdivisions in, the district. |
|
(b) Section 3, Chapter 749 (S.B. 581), Acts of the 81st |
|
Legislature, Regular Session, 2009, which amended Subsection (e), |
|
Section 4, Article 6550c-1, Revised Statutes, is repealed. |
|
SECTION 24.006. Section 501.035(b), Transportation Code, |
|
is amended to correct a reference to read as follows: |
|
(b) In this section, "former military vehicle" has the |
|
meaning assigned by Section 504.502(i) [502.275(o)]. |
|
SECTION 24.007. Section 502.1715(c), Transportation Code, |
|
as amended by Chapters 892 (S.B. 1670) and 1108 (H.B. 2337), Acts of |
|
the 79th Legislature, Regular Session, 2005, is reenacted to read |
|
as follows: |
|
(c) Fees collected under this section shall be deposited to |
|
the credit of the state highway fund. Subject to appropriation, the |
|
money may be used by the Department of Public Safety, the Texas |
|
Department of Insurance, the Department of Information Resources, |
|
and the department to carry out Subchapter N, Chapter 601. |
|
SECTION 24.008. Section 521.054(a), Transportation Code, |
|
as amended by Chapters 316 (H.B. 598) and 1146 (H.B. 2730), Acts of |
|
the 81st Legislature, Regular Session, 2009, is reenacted to read |
|
as follows: |
|
(a) This section applies to a person who: |
|
(1) after applying for or being issued a license or |
|
certificate moves to a new residence address; |
|
(2) has used the procedure under Section 521.121(c) |
|
and whose status as a federal judge, a state judge, or the spouse of |
|
a federal or state judge becomes inapplicable; or |
|
(3) changes the person's name by marriage or |
|
otherwise. |
|
SECTION 24.009. Section 521.121(a), Transportation Code, |
|
as amended by Chapters 316 (H.B. 598) and 1146 (H.B. 2730), Acts of |
|
the 81st Legislature, Regular Session, 2009, is reenacted to read |
|
as follows: |
|
(a) The driver's license must include: |
|
(1) a distinguishing number assigned by the department |
|
to the license holder; |
|
(2) a color photograph of the entire face of the |
|
holder; |
|
(3) the full name and date of birth of the holder; |
|
(4) a brief description of the holder; and |
|
(5) the license holder's residence address or, for a |
|
license holder using the procedure under Subsection (c), the street |
|
address of the courthouse in which the license holder or license |
|
holder's spouse serves as a federal judge or state judge. |
|
SECTION 24.010. Section 521.121(d), Transportation Code, |
|
as added by Chapter 1146 (H.B. 2730), Acts of the 81st Legislature, |
|
Regular Session, 2009, is repealed as duplicative of Section |
|
521.121(c), Transportation Code, as added by Chapter 316 (H.B. |
|
598), Acts of the 81st Legislature, Regular Session, 2009. |
|
SECTION 24.011. Section 521.142(c), Transportation Code, |
|
as amended by Chapters 316 (H.B. 598) and 1146 (H.B. 2730), Acts of |
|
the 81st Legislature, Regular Session, 2009, is reenacted to read |
|
as follows: |
|
(c) The application must state: |
|
(1) the sex of the applicant; |
|
(2) the residence address of the applicant, or if the |
|
applicant is a federal judge, a state judge, or the spouse of a |
|
federal or state judge using the procedure developed under Section |
|
521.121(c), the street address of the courthouse in which the |
|
applicant or the applicant's spouse serves as a federal judge or a |
|
state judge; |
|
(3) whether the applicant has been licensed to drive a |
|
motor vehicle before; |
|
(4) if previously licensed, when and by what state or |
|
country; |
|
(5) whether that license has been suspended or revoked |
|
or a license application denied; |
|
(6) the date and reason for the suspension, |
|
revocation, or denial; |
|
(7) whether the applicant is a citizen of the United |
|
States; and |
|
(8) the county of residence of the applicant. |
|
SECTION 24.012. Section 548.052, Transportation Code, is |
|
amended to correct a reference to read as follows: |
|
Sec. 548.052. VEHICLES NOT SUBJECT TO INSPECTION. This |
|
chapter does not apply to: |
|
(1) a trailer, semitrailer, pole trailer, or mobile |
|
home moving under or bearing a current factory-delivery license |
|
plate or current in-transit license plate; |
|
(2) a vehicle moving under or bearing a paper dealer |
|
in-transit tag, machinery license, disaster license, parade |
|
license, prorate tab, one-trip permit, antique license, temporary |
|
24-hour permit, or permit license; |
|
(3) a trailer, semitrailer, pole trailer, or mobile |
|
home having an actual gross weight or registered gross weight of |
|
4,500 pounds or less; |
|
(4) farm machinery, road-building equipment, a farm |
|
trailer, or a vehicle required to display a slow-moving-vehicle |
|
emblem under Section 547.703; |
|
(5) a former military vehicle, as defined by Section |
|
504.502 [502.275]; |
|
(6) a vehicle qualified for a tax exemption under |
|
Section 152.092, Tax Code; or |
|
(7) a vehicle for which a certificate of title has been |
|
issued but that is not required to be registered. |
|
SECTION 24.013. Section 548.508, Transportation Code, is |
|
amended to correct a reference to read as follows: |
|
Sec. 548.508. DISPOSITION OF FEES. Except as provided by |
|
Sections [382.037 and] 382.0622 and 382.202, Health and Safety |
|
Code, and Section 548.5055, each fee collected by the department |
|
under this subchapter shall be deposited to the credit of the Texas |
|
mobility fund. |
|
SECTION 24.014. Section 551.301, Transportation Code, as |
|
amended by Chapters 281 (H.B. 2702) and 1242 (H.B. 1596), Acts of |
|
the 79th Legislature, Regular Session, 2005, and Chapter 722 (S.B. |
|
129), Acts of the 81st Legislature, Regular Session, 2009, is |
|
reenacted to read as follows: |
|
Sec. 551.301. DEFINITION. In this subchapter, |
|
"neighborhood electric vehicle" means a vehicle that can attain a |
|
maximum speed of 35 miles per hour on a paved level surface and |
|
otherwise complies with Federal Motor Vehicle Safety Standard 500 |
|
(49 C.F.R. Section 571.500). |
|
SECTION 24.015. Section 551.351, Transportation Code, is |
|
amended to conform to Chapters 281 (H.B. 2702) and 1242 (H.B. 1596), |
|
Acts of the 79th Legislature, Regular Session, 2005, to read as |
|
follows: |
|
Sec. 551.351. DEFINITIONS [DEFINITION]. In this |
|
subchapter: |
|
(1) "Motor-assisted scooter": |
|
(A)[, "motor-assisted scooter"] means a |
|
self-propelled device with: |
|
(i) [(1)] at least two wheels in contact |
|
with the ground during operation; |
|
(ii) [(2)] a braking system capable of |
|
stopping the device under typical operating conditions; |
|
(iii) [(3)] a gas or electric motor not |
|
exceeding 40 cubic centimeters; |
|
(iv) [(4)] a deck designed to allow a |
|
person to stand or sit while operating the device; and |
|
(v) [(5)] the ability to be propelled by |
|
human power alone; and |
|
(B) does not include a pocket bike or a |
|
minimotorbike. |
|
(2) "Pocket bike or minimotorbike" means a |
|
self-propelled vehicle that is equipped with an electric motor or |
|
internal combustion engine having a piston displacement of less |
|
than 50 cubic centimeters, is designed to propel itself with not |
|
more than two wheels in contact with the ground, has a seat or |
|
saddle for the use of the operator, is not designed for use on a |
|
highway, and is ineligible for a certificate of title under Chapter |
|
501. The term does not include: |
|
(A) a moped or motorcycle; |
|
(B) an electric bicycle or motor-driven cycle, as |
|
defined by Section 541.201; |
|
(C) a motorized mobility device, as defined by |
|
Section 542.009; |
|
(D) an electric personal assistive mobility |
|
device, as defined by Section 551.201; or |
|
(E) a neighborhood electric vehicle, as defined |
|
by Section 551.301. |
|
SECTION 24.016. Section 601.052(c)(1), Transportation |
|
Code, is amended to correct a reference to read as follows: |
|
(1) "Former military vehicle" has the meaning assigned |
|
by Section 504.502(i) [502.275(o)]. |
|
SECTION 24.017. Section 681.008(b), Transportation Code, |
|
as amended by Chapters 115 (H.B. 2020) and 319 (H.B. 618), Acts of |
|
the 81st Legislature, Regular Session, 2009, is reenacted to read |
|
as follows: |
|
(b) A vehicle on which license plates described by |
|
Subsection (a)(2) or issued under Section 504.202, Section |
|
504.315(c), (d), (e), (f), or (g), or Section 504.316 are displayed |
|
is exempt from the payment of a parking fee collected through a |
|
parking meter charged by a governmental authority other than a |
|
branch of the federal government, when being operated by or for the |
|
transportation of: |
|
(1) the person who registered the vehicle under |
|
Section 504.202(a), Section 504.315(c), (d), (e), (f), or (g), or |
|
Section 504.316; |
|
(2) a person described in Section 504.202(b) if the |
|
vehicle is registered under that subsection; or |
|
(3) the owner or operator of a vehicle displaying |
|
license plates described by Subsection (a)(2). |
|
SECTION 24.018. Section 707.017, Transportation Code, as |
|
amended by Chapters 266 (H.B. 2530), 542 (S.B. 1617), and 933 (H.B. |
|
3097), Acts of the 81st Legislature, Regular Session, 2009, is |
|
reenacted to read as follows: |
|
Sec. 707.017. ENFORCEMENT. (a) If the owner of a motor |
|
vehicle is delinquent in the payment of a civil penalty imposed |
|
under this chapter, the county assessor-collector or the Texas |
|
Department of Motor Vehicles may refuse to register a motor vehicle |
|
alleged to have been involved in the violation. |
|
(b) This section does not apply to the registration of a |
|
motor vehicle under Section 501.0234. |
|
PART B. CODIFICATION OF CERTAIN RAILROAD PROVISIONS IN |
|
TRANSPORTATION CODE |
|
SECTION 24.101. Title 5, Transportation Code, is amended to |
|
codify Chapter 11 (S.B. 56), General Laws, Acts of the 39th |
|
Legislature, Regular Session, 1925 (Articles 6559a, 6559b, 6559c, |
|
6559d, 6559e, and 6559f, Vernon's Texas Civil Statutes); Chapter |
|
232 (S.B. 839), Acts of the 67th Legislature, Regular Session, 1981 |
|
(Article 6419a, Vernon's Texas Civil Statutes); Chapter 214 (S.B. |
|
1102), Acts of the 71st Legislature, Regular Session, 1989 (Article |
|
6492a, Vernon's Texas Civil Statutes); Chapter 350 (S.B. 1101), |
|
Acts of the 71st Legislature, Regular Session, 1989 (Article 6419c, |
|
Vernon's Texas Civil Statutes); Section 1, Chapter 101 (S.B. 169), |
|
Acts of the 40th Legislature, Regular Session, 1927 (Article 6541a, |
|
Vernon's Texas Civil Statutes); Section 1, Chapter 209 (H.B. 95), |
|
Acts of the 45th Legislature, Regular Session, 1937 (Article 6541b, |
|
Vernon's Texas Civil Statutes); and Section 1, Chapter 256 (H.B. |
|
12), Acts of the 40th Legislature, Regular Session, 1927 (Article |
|
6550a1, Vernon's Texas Civil Statutes), by adding Subtitle Z to |
|
read as follows: |
|
SUBTITLE Z. MISCELLANEOUS PROVISIONS |
|
CHAPTER 191. STRUCTURES AND MATERIALS NEAR RAILROAD OR RAILWAY |
|
Sec. 191.001. HEIGHT OF STRUCTURES OVER TRACKS. (a) In |
|
this section, "structure" includes a bridge, viaduct, overheadway, |
|
footbridge, or wire. |
|
(b) The bottom of the lowest sill, girder, or crossbeam or |
|
the lowest downward projection of a structure built by the state, a |
|
county or municipality, or a railroad company or other corporation, |
|
firm, partnership, or individual over the tracks of a railway or |
|
railroad shall be placed at least 22 feet above the top of the rails |
|
of the tracks. |
|
(c) A roof projection built from a loading platform along a |
|
railroad main track, siding track, spur, or switch shall be at least |
|
22 feet above the rails of the track. |
|
Sec. 191.002. DISTANCE OF STRUCTURES AND MATERIALS FROM |
|
TRACKS. (a) A loading platform, house, fence, or other structure |
|
built, and lumber, wood, or other material placed, along a railroad |
|
in this state, either on or near the right-of-way of a main line or |
|
on or near a spur, switch, or siding of the railroad, shall be built |
|
or placed so that the nearest edge of the platform, the wall of the |
|
building, or the material is at least 8-1/2 feet from the center of |
|
the main line, spur, switch, or siding. |
|
(b) The edge of a roof projection from a loading platform |
|
along a railroad main track, siding track, spur, or switch shall be |
|
at least 8-1/2 feet horizontally from the center of the track. |
|
Sec. 191.003. EXCEPTION. Sections 191.001 and 191.002 do |
|
not apply to: |
|
(1) a structure that had been built or was in the |
|
course of construction on June 18, 1925, or for the building of |
|
which material had been purchased on that date as provided by a |
|
prior contract or plan; or |
|
(2) material that had been placed on June 18, 1925, or |
|
purchased for placing on that date as provided by a prior contract |
|
or plan. |
|
Sec. 191.004. RULES. The department shall adopt rules in |
|
accordance with this chapter. |
|
Sec. 191.005. WAIVER OF PROVISION. (a) On filing of an |
|
application and after notice to the attorney general, the |
|
department, for good cause shown, may by order permit a railroad |
|
company or other corporation, firm, partnership, or individual or a |
|
county or municipality to deviate from a provision of this chapter |
|
in accordance with the order. |
|
(b) An action in accordance with an order issued under this |
|
section is not considered to violate this chapter. |
|
Sec. 191.006. CIVIL PENALTY. (a) The attorney general |
|
shall immediately bring an action against a railroad company or |
|
other corporation, firm, partnership, or individual who violates |
|
this chapter to collect a civil penalty in an amount of not less |
|
than $100 or more than $1,000 for each violation. Each day that a |
|
violation continues is a separate violation. |
|
(b) The attorney general may bring a single action for |
|
multiple violations by the same corporation, firm, partnership, or |
|
individual. |
|
CHAPTER 192. ENGINEER'S OPERATOR PERMIT AND TRAIN OPERATOR PERMIT |
|
Sec. 192.001. ISSUANCE OF PERMIT. (a) A railroad company |
|
shall issue an engineer's operator permit to each person whom the |
|
company employs to operate or permits to operate a railroad |
|
locomotive in this state. |
|
(b) A railroad company shall issue a train operator permit |
|
to each person: |
|
(1) whom the company employs to operate or permits to |
|
operate a train in this state; and |
|
(2) who has not been issued an engineer's operator |
|
permit. |
|
Sec. 192.002. PERMIT REQUIRED. (a) A person operating a |
|
railroad locomotive in this state shall have in the person's |
|
immediate possession an engineer's operator permit issued under |
|
this chapter. |
|
(b) A person operating a train in this state, other than a |
|
person issued a permit under Section 192.001(a), shall have in the |
|
person's immediate possession a train operator permit issued under |
|
this chapter. |
|
Sec. 192.003. FORM OF PERMIT. A permit issued under this |
|
chapter must include the permit holder's name, address, physical |
|
description, photograph, and date of birth. |
|
Sec. 192.004. PROOF OF IDENTIFICATION. If a peace officer |
|
requires a person to show proof of identification in connection |
|
with the person's operation of a railroad locomotive or train, the |
|
person: |
|
(1) shall display the person's permit issued under |
|
this chapter; and |
|
(2) may not be required to display a driver's license |
|
issued under Chapter 521 or commercial driver's license issued |
|
under Chapter 522. |
|
Sec. 192.005. RECORD OF ACCIDENT OR VIOLATION. If a person |
|
operating a railroad locomotive or train is involved in an accident |
|
with another train or a motor vehicle or is arrested for violation |
|
of a law relating to the person's operation of a railroad locomotive |
|
or train: |
|
(1) the number of or other identifying information on |
|
the person's driver's license or commercial driver's license may not |
|
be included in any report of the accident or violation; and |
|
(2) the person's involvement in the accident or |
|
violation may not be recorded in the person's individual driving |
|
record maintained by the Department of Public Safety. |
|
CHAPTER 193. HAZARDOUS MATERIALS |
|
Sec. 193.001. HAZARDOUS MATERIALS; PACKING AND |
|
TRANSPORTATION. (a) Except as provided by Subsection (b), the |
|
department by rule may adopt any requirement that: |
|
(1) relates to the safe packing or transportation of |
|
hazardous materials; and |
|
(2) is consistent with Chapter 51, Title 49, United |
|
States Code, or regulations adopted under that law. |
|
(b) The department may not adopt a requirement for the |
|
transportation of hazardous materials by vessel or by aircraft. |
|
(c) The department may adopt any administrative rules |
|
necessary to implement this section. |
|
Sec. 193.002. HAZARDOUS MATERIALS; REPORTS. (a) In this |
|
section, "hazardous material" means any substance the |
|
transportation of which by railroad is included within the coverage |
|
of rail car placarding requirements of regulations adopted by the |
|
United States Department of Transportation and published in Title |
|
49, Code of Federal Regulations. |
|
(b) A railroad company that transports hazardous materials |
|
in or through this state shall file with the department a copy of |
|
each hazardous materials incident report that the company files |
|
with the United States Department of Transportation under 49 C.F.R. |
|
Section 171.16. The copy must be filed not later than the 15th day |
|
after the date the incident that forms the basis of the report is |
|
discovered. |
|
(c) Not later than April 1 of each year, a railroad company |
|
that transports hazardous materials in or through the state shall |
|
provide to the department: |
|
(1) a map depicting the location of each railroad main |
|
line and branch line that the company owns, leases, or operates in |
|
the state; |
|
(2) a map delineating the geographical limits of the |
|
company operating divisions or districts and identifying the |
|
principal operating officer for the company in each operating |
|
division or district; |
|
(3) a primary and secondary telephone number for the |
|
company dispatcher responsible for train operations in each |
|
operating division or district; |
|
(4) a list of each type of hazardous material by hazard |
|
class and the quantity of the material transported over each |
|
railroad line owned, leased, or operated by the company during the |
|
preceding year; and |
|
(5) the name and address of the company employee in |
|
charge of training persons to handle an incident related to |
|
hazardous materials. |
|
(d) For the purposes of Subsection (c)(4), "hazard class" |
|
means any one of the following, as defined by 49 C.F.R. Part 173, |
|
or, with respect to hazardous waste, listed as a substance subject |
|
to 40 C.F.R. Part 262: |
|
(1) radioactive material; |
|
(2) explosives, Class A; |
|
(3) explosives, Class B; |
|
(4) poison A; |
|
(5) poison B; |
|
(6) flammable gas; |
|
(7) nonflammable gas; |
|
(8) flammable liquid; |
|
(9) oxidizer; |
|
(10) flammable solid; |
|
(11) corrosive material; |
|
(12) combustible liquid; |
|
(13) etiologic agent; |
|
(14) other regulated material (ORM); or |
|
(15) hazardous waste. |
|
(e) If a substance fits the definition of more than one |
|
hazard class, the substance must be classified in accordance with |
|
the sequence stated in 49 C.F.R. Section 173.2a. |
|
(f) The department shall compile information submitted to |
|
the department under this section for distribution to local |
|
emergency management agencies located in jurisdictions containing |
|
reported railroad operations. |
|
(g) At least once each year the Texas Division of Emergency |
|
Management shall distribute the information compiled by the |
|
department to the appropriate officials for inclusion in local |
|
emergency management plans established under Subchapter E, Chapter |
|
418, Government Code. |
|
CHAPTER 194. PROVISION OF UTILITIES BY CERTAIN RAILWAY |
|
CORPORATIONS |
|
Sec. 194.001. EXTENSION OF UTILITY LINES. (a) This |
|
section applies only to a corporation organized under the laws of |
|
this state that is authorized to: |
|
(1) construct, acquire, and operate electric or other |
|
lines of railway in and between municipalities in this state; and |
|
(2) acquire, hold, and operate other public utilities |
|
in and adjacent to the municipalities in or through which the |
|
corporation operates. |
|
(b) A corporation described by Subsection (a) may extend its |
|
electric light, power, or gas lines to supply light, power, or gas, |
|
as appropriate, to the public residing beyond the territory |
|
adjacent to the municipalities in or through which the corporation |
|
operates. |
|
(c) For the purpose of extending a line described by |
|
Subsection (b), the corporation has the same rights and powers of |
|
extension held by a public service corporation engaged in the |
|
supply and sale of electric light, power, or gas as provided by law. |
|
(d) The authority granted under this section does not |
|
expressly or impliedly repeal any antitrust law of this state. |
|
Sec. 194.002. DISTRIBUTION OF GAS OR ELECTRICITY FOLLOWING |
|
ABANDONMENT OF STREET RAILWAY. (a) This section applies only to a |
|
private corporation that on April 26, 1937, was authorized by its |
|
charter and the statutes of this state to operate street and |
|
interurban railways and had the power to distribute and sell gas or |
|
electricity to the public. |
|
(b) During the unexpired period of its corporate charter, a |
|
corporation that abandons or discontinues or has abandoned or |
|
discontinued the operation of its railways or motor buses |
|
substituted for the railways may continue to distribute and sell |
|
electricity or gas as authorized by its corporate charter and |
|
statutes in the same manner as if the abandonment or |
|
discontinuation had not occurred. |
|
[Chapters 195-198 reserved for expansion] |
|
CHAPTER 199. MISCELLANEOUS PROVISIONS |
|
Sec. 199.001. AERIAL OR OTHER TRAMWAY TO MINE. (a) This |
|
section applies only to a person, firm, corporation, limited |
|
partnership, joint stock association, or other association that |
|
owns, constructs, operates, or manages an aerial or other tramway |
|
in this state between a mine, smelter, or railway. |
|
(b) An entity described by Subsection (a) may hold and |
|
acquire by purchase or condemnation right-of-way. In the exercise |
|
of this right, the entity: |
|
(1) is considered to be a common carrier; |
|
(2) is subject to the jurisdiction and control of the |
|
department; and |
|
(3) may exercise the power of eminent domain under |
|
which the entity may enter and condemn land, right-of-way, |
|
easements, or property of any person or corporation necessary for |
|
the construction, maintenance, or operation of the entity's aerial |
|
or other tramway. |
|
(c) The power of eminent domain under Subsection (b) is |
|
exercised in the manner provided by law for the condemnation of land |
|
and acquisition of right-of-way by a railroad company. |
|
SECTION 24.102. The following provisions are repealed: |
|
(1) Chapter 232 (S.B. 839), Acts of the 67th |
|
Legislature, Regular Session, 1981 (Article 6419a, Vernon's Texas |
|
Civil Statutes); |
|
(2) Chapter 350 (S.B. 1101), Acts of the 71st |
|
Legislature, Regular Session, 1989 (Article 6419c, Vernon's Texas |
|
Civil Statutes); |
|
(3) Chapter 214 (S.B. 1102), Acts of the 71st |
|
Legislature, Regular Session, 1989 (Article 6492a, Vernon's Texas |
|
Civil Statutes); |
|
(4) Section 1, Chapter 101 (S.B. 169), Acts of the 40th |
|
Legislature, Regular Session, 1927 (Article 6541a, Vernon's Texas |
|
Civil Statutes); |
|
(5) Section 1, Chapter 209 (H.B. 95), Acts of the 45th |
|
Legislature, Regular Session, 1937 (Article 6541b, Vernon's Texas |
|
Civil Statutes); |
|
(6) Chapter 337 (S.B. 193), Acts of the 45th |
|
Legislature, Regular Session, 1937 (Article 6548a, Vernon's Texas |
|
Civil Statutes); |
|
(7) Section 1, Chapter 256 (H.B. 12), Acts of the 40th |
|
Legislature, Regular Session, 1927 (Article 6550a1, Vernon's Texas |
|
Civil Statutes); and |
|
(8) Chapter 11 (S.B. 56), General Laws, Acts of the |
|
39th Legislature, Regular Session, 1925 (Articles 6559a, 6559b, |
|
6559c, 6559d, 6559e, and 6559f, Vernon's Texas Civil Statutes). |
|
ARTICLE 25. CHANGES RELATING TO UTILITIES CODE |
|
SECTION 25.001. Section 15.024(c), Utilities Code, as |
|
amended by Chapters 1212 (S.B. 560) and 1579 (S.B. 86), Acts of the |
|
76th Legislature, Regular Session, 1999, is reenacted to read as |
|
follows: |
|
(c) A penalty may not be assessed under this section if the |
|
person against whom the penalty may be assessed remedies the |
|
violation before the 31st day after the date the person receives the |
|
notice under Subsection (b). A person who claims to have remedied |
|
an alleged violation has the burden of proving to the commission |
|
that the alleged violation was remedied and was accidental or |
|
inadvertent. This subsection does not apply to a violation of |
|
Chapter 17, 55, or 64. |
|
SECTION 25.002. Section 121.201(d), Utilities Code, is |
|
amended to correct a reference to read as follows: |
|
(d) In this subsection, "telecommunications service" and |
|
"information service" have the meanings assigned by 47 U.S.C. |
|
Section 153. Notwithstanding Subsection (a), this title does not |
|
grant the railroad commission jurisdiction or right-of-way |
|
management authority over a provider of telecommunications service |
|
or information service. A provider of telecommunications service |
|
or information service shall comply with all applicable safety |
|
standards, including those provided by Subchapter H [G], Chapter |
|
756, Health and Safety Code. |
|
ARTICLE 26. CHANGES RELATING TO WATER CODE |
|
SECTION 26.001. Section 11.128, Water Code, is amended to |
|
correct a reference to read as follows: |
|
Sec. 11.128. PAYMENT OF FEE. If the applicant is not |
|
exempted from payment of the filing fee under Section 12.112 of this |
|
code, he shall pay the filing fee prescribed by Section 5.701(c) |
|
[12.111(b) of this code] at the time he files the application. The |
|
commission shall not record, file, or consider the application |
|
until the executive director certifies to the commission that the |
|
fee is paid. |
|
SECTION 26.002. Section 11.143(h), Water Code, is amended |
|
to correct a reference to read as follows: |
|
(h) The applicant shall pay the filing fee prescribed by |
|
Section 5.701(c) [12.111(b) of this code] at the time he files the |
|
application. |
|
SECTION 26.003. Section 26.129, Water Code, is amended to |
|
correct a reference to read as follows: |
|
Sec. 26.129. DUTY OF PARKS AND WILDLIFE DEPARTMENT. The |
|
Parks and Wildlife Department and its authorized employees shall |
|
enforce the provisions of this chapter to the extent that any |
|
violation affects aquatic life and wildlife as provided in Section |
|
7.109 [26.124(b) of this code]. |
|
SECTION 26.004. Section 26.264(a), Water Code, is amended |
|
to conform to the repeal of Section 40.053, Natural Resources Code, |
|
by Chapter 146 (S.B. 619), Acts of the 78th Legislature, Regular |
|
Session, 2003, to read as follows: |
|
(a) Except as provided in Chapter 40, Natural Resources |
|
Code, the commission shall be the state's lead agency in spill |
|
response, shall conduct spill response for the state, and shall |
|
otherwise administer this subchapter. The commission shall conduct |
|
spill response and cleanup for spills and discharges of hazardous |
|
substances other than oil in or threatening coastal waters |
|
[according to the applicable provisions of the state coastal
|
|
discharge contingency plan promulgated by the commission under
|
|
Section 40.053, Natural Resources Code]. The commission shall |
|
cooperate with other agencies, departments, and subdivisions of |
|
this state and of the United States in implementing this |
|
subchapter. In the event of a discharge or spill and after |
|
reasonable effort to obtain entry rights from each property owner |
|
involved, if any, the executive director may enter affected |
|
property to carry out necessary spill response actions. |
|
SECTION 26.005. Section 26.264(k), Water Code, is amended |
|
to correct a reference to read as follows: |
|
(k) In the event that a discharge or spill presents or |
|
threatens to present an occurrence of disaster proportions, the |
|
governor shall utilize the authority granted him under Chapter 418, |
|
Government Code, [the Texas Disaster Act of 1975 (Article 6889-7,
|
|
Vernon's Texas Civil Statutes)] to make available and bring to bear |
|
all resources of the state to prevent or lessen the impact of such a |
|
disaster. |
|
SECTION 26.006. Section 49.103(g), Water Code, is amended |
|
to correct a reference to read as follows: |
|
(g) A district may, if required under this section to change |
|
the terms of office of directors to four-year terms or to change the |
|
date on which the district holds a director election, extend the |
|
terms of office of directors serving the district on the effective |
|
date of Chapter 1070 (S.B. 1865) [H.B. No. 2236], Acts of the 75th |
|
Legislature, Regular Session, 1997, to continue the terms until the |
|
next appropriate election date in an even-numbered year. A |
|
district that is required under this section to change the terms of |
|
office of directors to staggered terms may require directors of the |
|
district to draw lots to achieve staggered terms. |
|
SECTION 26.007. Section 60.4035(a), Water Code, as amended |
|
by Chapters 415 (H.B. 1972) and 1191 (H.B. 3785), Acts of the 81st |
|
Legislature, Regular Session, 2009, is reenacted to read as |
|
follows: |
|
(a) Notwithstanding the competitive bidding requirements |
|
and proposal procedures of this subchapter and Subchapter O and the |
|
requirements of Sections 60.408(a), (b), (c), (d), and (e), the |
|
executive director of a district or an officer of a district |
|
authorized in writing by the port commission may make emergency |
|
purchases or contracts or emergency amendments to existing purchase |
|
orders or contracts in an amount that exceeds the amount authorized |
|
under Section 60.403(a) for routine purchases or contracts if |
|
necessary: |
|
(1) to preserve or protect the public health and |
|
safety of the residents of the district; |
|
(2) to preserve the property of the district in the |
|
case of a public calamity; |
|
(3) to repair unforeseen damage to the property of the |
|
district; or |
|
(4) to respond to security directives issued by: |
|
(A) the federal Department of Homeland Security, |
|
including the Transportation Security Administration; |
|
(B) the United States Coast Guard; |
|
(C) the federal Department of Transportation, |
|
including the Maritime Administration; or |
|
(D) another federal or state agency responsible |
|
for domestic security. |
|
SECTION 26.008. Section 60.404(a), Water Code, as amended |
|
by Chapters 415 (H.B. 1972) and 1191 (H.B. 3785), Acts of the 81st |
|
Legislature, Regular Session, 2009, is reenacted to read as |
|
follows: |
|
(a) If the materials, supplies, machinery, equipment, or |
|
other items to be purchased or contracted for are valued at an |
|
amount greater than the amount authorized under Section 60.403(a) |
|
for routine purchases or contracts, notice shall be published as |
|
provided by this section. |
|
SECTION 26.009. Section 60.406(a), Water Code, as amended |
|
by Chapters 415 (H.B. 1972) and 1191 (H.B. 3785), Acts of the 81st |
|
Legislature, Regular Session, 2009, is reenacted to read as |
|
follows: |
|
(a) Except as otherwise provided by Section 60.4035 or |
|
60.412, before a district or port authority may purchase one or more |
|
items under a contract that will require an expenditure of more than |
|
the amount authorized under Section 60.403(a) for routine purchases |
|
or contracts, the port commission of that district or port |
|
authority must comply with the competitive bidding requirements or |
|
proposal procedures provided by this subchapter or Subchapter O. |
|
All bids must be sealed. |
|
SECTION 26.010. Section 60.414, Water Code, is amended to |
|
correct a reference to read as follows: |
|
Sec. 60.414. APPLICATION OF OTHER LAW. If a district or |
|
port authority is subject to the requirements of Subchapter B, |
|
Chapter 271, Local Government Code [Chapter 770, Acts of the 66th
|
|
Legislature, Regular Session, 1979 (Article 2368a.3, Vernon's
|
|
Texas Civil Statutes)], those requirements are in addition to the |
|
requirements of this subchapter. |
|
ARTICLE 27. REDESIGNATIONS |
|
SECTION 27.001. The following provisions of enacted codes |
|
are redesignated to eliminate duplicate citations or to relocate |
|
misplaced provisions: |
|
(1) Subsection (a-1), Section 125.045, Civil Practice |
|
and Remedies Code, as added by Chapters 258 (S.B. 11), 849 (H.B. |
|
1121), and 990 (S.B. 1288), Acts of the 80th Legislature, Regular |
|
Session, 2007, is redesignated as Subsection (a-2), Section |
|
125.045, Civil Practice and Remedies Code. |
|
(2) Section 9, Article 42.01, Code of Criminal |
|
Procedure, as added by Chapter 1400 (H.B. 221), Acts of the 81st |
|
Legislature, Regular Session, 2009, is redesignated as Section 10, |
|
Article 42.01, Code of Criminal Procedure. |
|
(3) Section 13E, Article 42.12, Code of Criminal |
|
Procedure, as added by Chapter 755 (S.B. 689), Acts of the 81st |
|
Legislature, Regular Session, 2009, is redesignated as Section 13G, |
|
Article 42.12, Code of Criminal Procedure. |
|
(4) Subdivision (11), Article 62.001, Code of Criminal |
|
Procedure, as added by Chapter 755 (S.B. 689), Acts of the 81st |
|
Legislature, Regular Session, 2009, is redesignated as Subdivision |
|
(12), Article 62.001, Code of Criminal Procedure. |
|
(5) Subsection (d), Section 28.002, Education Code, as |
|
added by Chapter 895 (H.B. 3), Acts of the 81st Legislature, Regular |
|
Session, 2009, is redesignated as Subsection (c-2), Section 28.002, |
|
Education Code. |
|
(6) Section 39.205, Education Code, as added by |
|
Chapter 393 (H.B. 1705), Acts of the 81st Legislature, Regular |
|
Session, 2009, is transferred to Subchapter D, Chapter 39, |
|
Education Code, and redesignated as Section 39.086, Education Code. |
|
(7) Section 51.969, Education Code, as added by |
|
Chapter 889 (H.B. 2426), Acts of the 80th Legislature, Regular |
|
Session, 2007, is redesignated as Section 51.976, Education Code. |
|
(8) Subchapter O, Chapter 61, Education Code, as added |
|
by Chapter 609 (S.B. 487), Acts of the 73rd Legislature, Regular |
|
Session, 1993, is redesignated as Subchapter P, Chapter 61, |
|
Education Code. |
|
(9) Subchapter P, Chapter 61, Education Code, as added |
|
by Chapter 682 (H.B. 1261), Acts of the 73rd Legislature, Regular |
|
Session, 1993, and redesignated and amended by Chapter 260 (S.B. |
|
1), Acts of the 74th Legislature, Regular Session, 1995, is |
|
redesignated as Subchapter Q, Chapter 61, Education Code. |
|
(10) Subchapter Q, Chapter 61, Education Code, as |
|
added by Chapter 265 (H.B. 2978), Acts of the 80th Legislature, |
|
Regular Session, 2007, is redesignated as Subchapter P-1, Chapter |
|
61, Education Code. |
|
(11) Section 15.4024, Finance Code, as added by |
|
Chapter 695 (H.B. 2735), Acts of the 81st Legislature, Regular |
|
Session, 2009, is redesignated as Section 15.4025, Finance Code. |
|
(12) Subdivision (1-a), Section 348.001, Finance |
|
Code, as added by Chapter 149 (S.B. 1966), Acts of the 81st |
|
Legislature, Regular Session, 2009, is redesignated as Subdivision |
|
(1-b), Section 348.001, Finance Code. |
|
(13) Subsection (c), Section 348.501, Finance Code, as |
|
added by Chapter 676 (H.B. 2438), Acts of the 81st Legislature, |
|
Regular Session, 2009, is redesignated as Subsection (d), Section |
|
348.501, Finance Code. |
|
(14) Subsection (m), Section 403.302, Government |
|
Code, as added by Chapter 288 (H.B. 8), Acts of the 81st |
|
Legislature, Regular Session, 2009, is redesignated as Subsection |
|
(m-1), Section 403.302, Government Code. |
|
(15) Section 411.052, Government Code, as added by |
|
Chapter 1179 (H.B. 3594), Acts of the 81st Legislature, Regular |
|
Session, 2009, is redesignated as Section 411.053, Government Code. |
|
(16) Section 418.050, Government Code, as added by |
|
Chapter 1146 (H.B. 2730), Acts of the 81st Legislature, Regular |
|
Session, 2009, is redesignated as Section 418.0501, Government |
|
Code. |
|
(17) Section 419.908, Government Code, as added by |
|
Chapter 994 (H.B. 3866), Acts of the 81st Legislature, Regular |
|
Session, 2009, is redesignated as Section 419.909, Government Code. |
|
(18) Section 501.091, Government Code, as added by |
|
Chapter 1389 (S.B. 1847), Acts of the 81st Legislature, Regular |
|
Session, 2009, is redesignated as Section 501.101, Government Code. |
|
(19) Section 501.091, Government Code, as added by |
|
Chapter 180 (H.B. 1736), Acts of the 81st Legislature, Regular |
|
Session, 2009, is redesignated as Section 501.102, Government Code. |
|
(20) Section 552.151, Government Code, as added by |
|
Chapter 283 (S.B. 1068), Acts of the 81st Legislature, Regular |
|
Session, 2009, is redesignated as Section 552.152, Government Code. |
|
(21) Section 811.010, Government Code, as added by |
|
Chapter 232 (S.B. 1589), Acts of the 81st Legislature, Regular |
|
Session, 2009, is redesignated as Section 811.012, Government Code. |
|
(22) Section 2305.201, Government Code, is |
|
transferred to Subchapter B, Chapter 403, Government Code, and |
|
redesignated as Section 403.028, Government Code. |
|
(23) Section 2306.6736, Government Code, as added by |
|
Chapter 1423 (S.B. 1717), Acts of the 81st Legislature, Regular |
|
Session, 2009, is redesignated as Section 2306.6738, Government |
|
Code. |
|
(24) Section 33.017, Health and Safety Code, as added |
|
by Chapter 179 (H.B. 1672), Acts of the 81st Legislature, Regular |
|
Session, 2009, is redesignated as Section 33.018, Health and Safety |
|
Code. |
|
(25) Chapter 115, Health and Safety Code, as added by |
|
Chapter 733 (S.B. 395), Acts of the 81st Legislature, Regular |
|
Session, 2009, is redesignated as Chapter 116, Health and Safety |
|
Code, and Sections 115.001, 115.002, 115.003, 115.004, 115.005, |
|
115.006, 115.007, 115.008, 115.009, 115.010, 115.011, and 115.012, |
|
Health and Safety Code, as added by that Act, are redesignated as |
|
Sections 116.001, 116.002, 116.003, 116.004, 116.005, 116.006, |
|
116.007, 116.008, 116.009, 116.010, 116.011, and 116.012, Health |
|
and Safety Code, respectively. |
|
(26) Subchapter J, Chapter 242, Health and Safety |
|
Code, is redesignated as Subchapter H-2, Chapter 242, Health and |
|
Safety Code. |
|
(27) Subsection (a-1), Section 250.003, Health and |
|
Safety Code, as added by Chapter 436 (H.B. 2191), Acts of the 81st |
|
Legislature, Regular Session, 2009, is redesignated as Subsection |
|
(a-2), Section 250.003, Health and Safety Code. |
|
(28) Chapter 254, Health and Safety Code, as added by |
|
Chapter 1106 (H.B. 216), Acts of the 81st Legislature, Regular |
|
Session, 2009, is redesignated as Chapter 260, Health and Safety |
|
Code, and Sections 254.001, 254.002, 254.003, 254.004, 254.005, |
|
254.006, 254.007, 254.008, 254.009, 254.010, and 254.011, Health |
|
and Safety Code, as added by that Act, are redesignated as Sections |
|
260.001, 260.002, 260.003, 260.004, 260.005, 260.006, 260.007, |
|
260.008, 260.009, 260.010, and 260.011, Health and Safety Code, |
|
respectively. |
|
(29) Sections 382.501 and 382.502, Health and Safety |
|
Code, as added as part of Subchapter J, Chapter 382, Health and |
|
Safety Code, by Section 29, Chapter 1125 (H.B. 1796), Acts of the |
|
81st Legislature, Regular Session, 2009, are redesignated as |
|
Sections 382.451 and 382.452, Health and Safety Code, respectively. |
|
(30) Chapter 391, Health and Safety Code, as added by |
|
Chapter 1232 (S.B. 1759), Acts of the 81st Legislature, Regular |
|
Session, 2009, is redesignated as Chapter 392, Health and Safety |
|
Code, and Sections 391.001, 391.002, 391.003, 391.004, 391.005, |
|
391.006, 391.007, and 391.008, Health and Safety Code, as added by |
|
that Act, are redesignated as Sections 392.001, 392.002, 392.003, |
|
392.004, 392.005, 392.006, 392.007, and 392.008, Health and Safety |
|
Code, respectively. |
|
(31) Subchapter I, Chapter 775, Health and Safety |
|
Code, as added by Chapter 537 (S.B. 1485), Acts of the 81st |
|
Legislature, Regular Session, 2009, is redesignated as Subchapter |
|
J, Chapter 775, Health and Safety Code. |
|
(32) Section 32.0424, Human Resources Code, as added |
|
by Chapter 832 (S.B. 1804), Acts of the 81st Legislature, Regular |
|
Session, 2009, is redesignated as Section 32.0425, Human Resources |
|
Code. |
|
(33) Section 32.060, Human Resources Code, as added by |
|
Chapter 204 (H.B. 4), Acts of the 78th Legislature, Regular |
|
Session, 2003, is redesignated as Section 32.062, Human Resources |
|
Code. |
|
(34) Subdivision (20), Section 42.002, Human |
|
Resources Code, as added by Chapter 46 (S.B. 95), Acts of the 81st |
|
Legislature, Regular Session, 2009, is redesignated as Subdivision |
|
(22), Section 42.002, Human Resources Code. |
|
(35) Section 161.076, Human Resources Code, as added |
|
by Chapter 269 (S.B. 37), Acts of the 81st Legislature, Regular |
|
Session, 2009, is redesignated as Section 161.078, Human Resources |
|
Code. |
|
(36) Section 161.076, Human Resources Code, as added |
|
by Chapter 726 (S.B. 271), Acts of the 81st Legislature, Regular |
|
Session, 2009, is redesignated as Section 161.079, Human Resources |
|
Code. |
|
(37) Section 161.077, Human Resources Code, as added |
|
by Chapter 904 (H.B. 748), Acts of the 81st Legislature, Regular |
|
Session, 2009, is redesignated as Section 161.080, Human Resources |
|
Code. |
|
(38) Section 161.077, Human Resources Code, as added |
|
by Chapter 759 (S.B. 705), Acts of the 81st Legislature, Regular |
|
Session, 2009, is redesignated as Section 161.081, Human Resources |
|
Code. |
|
(39) Subchapter F, Chapter 161, Human Resources Code, |
|
as added by Chapter 95 (H.B. 703), Acts of the 81st Legislature, |
|
Regular Session, 2009, is redesignated as Subchapter I, Chapter |
|
161, Human Resources Code, and Sections 161.151, 161.152, and |
|
161.153, Human Resources Code, as added by that Act, are |
|
redesignated as Sections 161.351, 161.352, and 161.353, Human |
|
Resources Code, respectively. |
|
(40) Section 561.106, Insurance Code, is redesignated |
|
as Section 562.106, Insurance Code. |
|
(41) Subchapter D, Chapter 4004, Insurance Code, as |
|
added by Chapter 326 (H.B. 739), Acts of the 81st Legislature, |
|
Regular Session, 2009, is redesignated as Subchapter F, Chapter |
|
4004, Insurance Code, and Sections 4004.151, 4004.152, 4004.153, |
|
4004.154, and 4004.155, Insurance Code, as added by that Act, are |
|
redesignated as Sections 4004.251, 4004.252, 4004.253, 4004.254, |
|
and 4004.255, Insurance Code, respectively. |
|
(42) Section 302.016, Labor Code, as added by Chapter |
|
460 (H.B. 2580), Acts of the 81st Legislature, Regular Session, |
|
2009, is redesignated as Section 302.017, Labor Code. |
|
(43) Subsection (n), Section 232.029, Local |
|
Government Code, as added by Chapter 546 (S.B. 1676), Acts of the |
|
81st Legislature, Regular Session, 2009, is redesignated as |
|
Subsection (p), Section 232.029, Local Government Code. |
|
(44) Chapter 120, Natural Resources Code, as added by |
|
Chapter 224 (S.B. 1387), Acts of the 81st Legislature, Regular |
|
Session, 2009, is redesignated as Chapter 121, Natural Resources |
|
Code, and Sections 120.001, 120.002, 120.003, and 120.004, Natural |
|
Resources Code, as added by that Act, are redesignated as Sections |
|
121.001, 121.002, 121.003, and 121.004, Natural Resources Code, |
|
respectively. |
|
(45) Chapter 167, Occupations Code, as added by |
|
Chapter 775 (S.B. 911), Acts of the 81st Legislature, Regular |
|
Session, 2009, is redesignated as Chapter 168, Occupations Code, |
|
and Sections 167.001, 167.002, 167.051, 167.052, 167.053, 167.101, |
|
167.102, 167.151, 167.152, 167.201, and 167.202, Occupations Code, |
|
as added by that Act, are redesignated as Sections 168.001, |
|
168.002, 168.051, 168.052, 168.053, 168.101, 168.102, 168.151, |
|
168.152, 168.201, and 168.202, Occupations Code, respectively. |
|
(46) Subsections (e) and (f), Section 1301.551, |
|
Occupations Code, as added by Chapter 804 (S.B. 1410), Acts of the |
|
81st Legislature, Regular Session, 2009, are redesignated as |
|
Subsections (i) and (j), Section 1301.551, Occupations Code, |
|
respectively. |
|
(47) Section 1701.258, Occupations Code, as added by |
|
Chapter 794 (S.B. 1237), Acts of the 81st Legislature, Regular |
|
Session, 2009, is redesignated as Section 1701.259, Occupations |
|
Code. |
|
(48) Subsection (h), Section 1701.402, Occupations |
|
Code, as added by Chapter 1002 (H.B. 4009), Acts of the 81st |
|
Legislature, Regular Session, 2009, is redesignated as Subsection |
|
(j), Section 1701.402, Occupations Code. |
|
(49) Section 2308.257, Occupations Code, as added by |
|
Chapter 757 (S.B. 702), Acts of the 81st Legislature, Regular |
|
Session, 2009, is redesignated as Section 2308.2555, Occupations |
|
Code. |
|
(50) Subsection (c), Section 2308.451, Occupations |
|
Code, as added by Chapter 1310 (H.B. 2571), Acts of the 81st |
|
Legislature, Regular Session, 2009, is redesignated as Subsection |
|
(c-1), Section 2308.451, Occupations Code. |
|
(51) Subsection (c), Section 2308.454, Occupations |
|
Code, as added by Chapter 1310 (H.B. 2571), Acts of the 81st |
|
Legislature, Regular Session, 2009, is redesignated as Subsection |
|
(e), Section 2308.454, Occupations Code. |
|
(52) Section 113.029, Property Code, as added by |
|
Chapter 754 (S.B. 666), Acts of the 81st Legislature, Regular |
|
Session, 2009, is redesignated as Section 113.030, Property Code. |
|
(53) Chapter 1072, Special District Local Laws Code, |
|
as added by Chapter 1139 (H.B. 2619), Acts of the 81st Legislature, |
|
Regular Session, 2009, is redesignated as Chapter 1118, Special |
|
District Local Laws Code, and Sections 1072.001, 1072.002, |
|
1072.003, 1072.004, 1072.005, 1072.006, 1072.051, 1072.052, |
|
1072.053, 1072.054, 1072.055, 1072.056, 1072.057, 1072.058, |
|
1072.059, 1072.060, 1072.061, 1072.062, 1072.063, 1072.064, |
|
1072.101, 1072.102, 1072.103, 1072.104, 1072.105, 1072.106, |
|
1072.107, 1072.108, 1072.109, 1072.110, 1072.111, 1072.112, |
|
1072.113, 1072.114, 1072.115, 1072.116, 1072.151, 1072.152, |
|
1072.153, 1072.154, 1072.155, 1072.156, 1072.201, 1072.202, |
|
1072.203, 1072.204, 1072.205, 1072.206, 1072.207, 1072.208, |
|
1072.251, 1072.252, and 1072.253, Special District Local Laws Code, |
|
as added by that Act, are redesignated as Sections 1118.001, |
|
1118.002, 1118.003, 1118.004, 1118.005, 1118.006, 1118.051, |
|
1118.052, 1118.053, 1118.054, 1118.055, 1118.056, 1118.057, |
|
1118.058, 1118.059, 1118.060, 1118.061, 1118.062, 1118.063, |
|
1118.064, 1118.101, 1118.102, 1118.103, 1118.104, 1118.105, |
|
1118.106, 1118.107, 1118.108, 1118.109, 1118.110, 1118.111, |
|
1118.112, 1118.113, 1118.114, 1118.115, 1118.116, 1118.151, |
|
1118.152, 1118.153, 1118.154, 1118.155, 1118.156, 1118.201, |
|
1118.202, 1118.203, 1118.204, 1118.205, 1118.206, 1118.207, |
|
1118.208, 1118.251, 1118.252, and 1118.253, Special District Local |
|
Laws Code, respectively. |
|
(54) Section 8828.053, Special District Local Laws |
|
Code, as added by Section 1.04, Chapter 1139 (H.B. 2619), Acts of |
|
the 81st Legislature, Regular Session, 2009, is redesignated as |
|
Section 8288.053, Special District Local Laws Code. |
|
(55) Subsection (p), Section 11.18, Tax Code, as added |
|
by Chapter 1246 (S.B. 2442), Acts of the 81st Legislature, Regular |
|
Session, 2009, is redesignated as Subsection (q), Section 11.18, |
|
Tax Code. |
|
(56) Subsection (c), Section 23.01, Tax Code, as added |
|
by Chapter 1405 (H.B. 3613), Acts of the 81st Legislature, Regular |
|
Session, 2009, is redesignated as Subsection (d), Section 23.01, |
|
Tax Code. |
|
(57) Subsection (c), Section 23.01, Tax Code, as added |
|
by Chapter 1211 (S.B. 771), Acts of the 81st Legislature, Regular |
|
Session, 2009, is redesignated as Subsection (e), Section 23.01, |
|
Tax Code. |
|
(58) Section 171.1016, Tax Code, is transferred to |
|
Subchapter C, Chapter 171, Tax Code. |
|
(59) Section 225.059, Transportation Code, as added by |
|
Chapter 546 (H.B. 1136), Acts of the 79th Legislature, Regular |
|
Session, 2005, is redesignated as Section 225.0741, Transportation |
|
Code. |
|
(60) Subdivision (1-a), Section 502.001, |
|
Transportation Code, as added by Chapter 1173 (H.B. 3433), Acts of |
|
the 81st Legislature, Regular Session, 2009, is redesignated as |
|
Subdivision (1-b), Section 502.001, Transportation Code. |
|
(61) Section 504.660, Transportation Code, as added by |
|
Chapter 397 (H.B. 1749), Acts of the 81st Legislature, Regular |
|
Session, 2009, is redesignated as Section 504.659, Transportation |
|
Code. |
|
(62) Section 521.060, Transportation Code, as added by |
|
Section 13.02, Chapter 1146 (H.B. 2730), Acts of the 81st |
|
Legislature, Regular Session, 2009, is redesignated as Section |
|
521.061, Transportation Code. |
|
(63) Section 521.060, Transportation Code, as added by |
|
Section 6.07, Chapter 1146 (H.B. 2730), Acts of the 81st |
|
Legislature, Regular Session, 2009, is redesignated as Section |
|
521.062, Transportation Code. |
|
(64) Section 551.304, Transportation Code, is |
|
transferred to Subchapter E, Chapter 551, Transportation Code, and |
|
redesignated as Section 551.353, Transportation Code. |
|
(65) Subsection (f), Section 681.003, Transportation |
|
Code, as added by Chapter 531 (S.B. 1367), Acts of the 81st |
|
Legislature, Regular Session, 2009, is redesignated as Subsection |
|
(g), Section 681.003, Transportation Code. |
|
(66) Subsection (h), Section 27.051, Water Code, as |
|
added by Chapter 966 (S.B. 2), Acts of the 77th Legislature, Regular |
|
Session, 2001, is redesignated as Subsection (i), Section 27.051, |
|
Water Code. |
|
SECTION 27.002. The following changes are made to conform |
|
the provisions amended to the redesignating changes made by Section |
|
27.001 of this Act: |
|
(1) Subdivision (2), Subsection (f), Article 38.43, |
|
Code of Criminal Procedure, is amended to read as follows: |
|
(2) In a county with a population less than 100,000, |
|
the attorney representing the state, clerk, or other officer in |
|
possession of any evidence to which this subsection applies shall |
|
ensure the preservation of the evidence by promptly delivering the |
|
evidence to the Department of Public Safety for storage in |
|
accordance with Section 411.053 [411.052], Government Code, and |
|
department rules. |
|
(2) Subdivision (14), Subsection (b), Section 7.021, |
|
Education Code, is amended to read as follows: |
|
(14) The agency shall cooperate with the Texas Higher |
|
Education Coordinating Board in connection with the Texas |
|
partnership and scholarship program under Subchapter Q [P], Chapter |
|
61. |
|
(3) Subdivision (39), Subsection (b), Section 7.055, |
|
Education Code, is amended to read as follows: |
|
(39) The commissioner shall cooperate with the Texas |
|
Higher Education Coordinating Board in connection with the Texas |
|
partnership and scholarship program under Subchapter Q [P], Chapter |
|
61. |
|
(4) Subsection (c), Section 116.005, Health and Safety |
|
Code, as redesignated from Subsection (c), Section 115.005, Health |
|
and Safety Code, by Section 27.001 of this Act, is amended to read |
|
as follows: |
|
(c) A vacancy on the council shall be filled for the |
|
remainder of the unexpired term in the same manner as provided by |
|
Section 116.003(a) [115.003(a)]. |
|
(5) Section 247.004, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 247.004. EXEMPTIONS. This chapter does not apply to: |
|
(1) a boarding home facility as defined by Section |
|
260.001 [254.001]; |
|
(2) an establishment conducted by or for the adherents |
|
of the Church of Christ, Scientist, for the purpose of providing |
|
facilities for the care or treatment of the sick who depend |
|
exclusively on prayer or spiritual means for healing without the |
|
use of any drug or material remedy if the establishment complies |
|
with local safety, sanitary, and quarantine ordinances and |
|
regulations; |
|
(3) a facility conducted by or for the adherents of a |
|
qualified religious society classified as a tax-exempt |
|
organization under an Internal Revenue Service group exemption |
|
ruling for the purpose of providing personal care services without |
|
charge solely for the society's professed members or ministers in |
|
retirement, if the facility complies with local safety, sanitation, |
|
and quarantine ordinances and regulations; or |
|
(4) a facility that provides personal care services |
|
only to persons enrolled in a program that is funded in whole or in |
|
part by the department and that is monitored by the department or |
|
its designated local mental retardation authority in accordance |
|
with standards set by the department. |
|
(6) Section 260.003, Health and Safety Code, as |
|
redesignated from Section 254.003, Health and Safety Code, by |
|
Section 27.001 of this Act, is amended to read as follows: |
|
Sec. 260.003 [254.003]. MODEL STANDARDS. The executive |
|
commissioner shall develop and publish in the Texas Register model |
|
standards for the operation of a boarding home facility relating |
|
to: |
|
(1) the construction or remodeling of a boarding home |
|
facility, including plumbing, heating, lighting, ventilation, and |
|
other housing conditions, to ensure the residents' health, safety, |
|
comfort, and protection from fire hazard; |
|
(2) sanitary and related conditions in a boarding home |
|
facility and its surroundings, including insect and rodent control, |
|
water supply, sewage disposal, food handling, and general hygiene |
|
to ensure the residents' health, safety, and comfort; |
|
(3) the reporting and investigation of injuries, |
|
incidents, and unusual accidents and the establishment of other |
|
policies and procedures necessary to ensure resident health and |
|
safety; |
|
(4) assistance with self-administering medication; |
|
(5) requirements for in-service education of the |
|
facility's staff; |
|
(6) criminal history record checks; and |
|
(7) assessment and periodic monitoring to ensure that |
|
a resident: |
|
(A) does not require the boarding home facility |
|
to provide personal care, nursing, or other services not listed in |
|
Section 260.001(2) [254.001(2)]; and |
|
(B) is capable of self-administering medication |
|
or is aware of what the resident's medications look like and knows |
|
when the medications should be taken but requires assistance with |
|
self-administering medication. |
|
(7) Section 260.004, Health and Safety Code, as |
|
redesignated from Section 254.004, Health and Safety Code, by |
|
Section 27.001 of this Act, is amended to read as follows: |
|
Sec. 260.004 [254.004]. LOCAL REGULATION. A county or |
|
municipality may require a person to obtain a permit from the county |
|
or municipality to operate a boarding home facility within the |
|
county's or municipality's jurisdiction. A county or municipality |
|
may adopt the standards developed by the executive commissioner |
|
under Section 260.003 [254.003] and require a boarding home |
|
facility that holds a permit issued by the county or municipality to |
|
comply with the adopted standards. |
|
(8) Section 260.005, Health and Safety Code, as |
|
redesignated from Section 254.005, Health and Safety Code, by |
|
Section 27.001 of this Act, is amended to read as follows: |
|
Sec. 260.005 [254.005]. PERMIT PROCEDURES; FEES; FINES. |
|
(a) A county or municipality that requires a person to obtain a |
|
boarding home facility permit as authorized by Section 260.004 |
|
[254.004] may establish procedures for the submission of a boarding |
|
home facility permit application and for the issuance, denial, |
|
renewal, suspension, and revocation of the permit. |
|
(b) A county or municipality that requires a person to |
|
obtain a boarding home facility permit as authorized under Section |
|
260.004 [254.004] may set reasonable fees for issuance of the |
|
permit, renewal of the permit, and inspections and may impose fines |
|
for noncompliance with the county or municipal boarding home |
|
facility regulations. The fees collected and fines imposed by the |
|
county or municipality must be used to administer the county or |
|
municipal permitting program or for other purposes directly related |
|
to providing boarding home facility or other assisted living |
|
services to elderly persons and persons with disabilities. |
|
(c) A person required to obtain a boarding home facility |
|
permit from a county or municipality as authorized under Section |
|
260.004 [254.004] shall pay any fees required or fines imposed by |
|
the county or municipality. |
|
(9) Subsection (a), Section 260.010, Health and Safety |
|
Code, as redesignated from Subsection (a), Section 254.010, Health |
|
and Safety Code, by Section 27.001 of this Act, is amended to read |
|
as follows: |
|
(a) Not later than September 30 of each year following the |
|
establishment of a county or municipal permitting requirement under |
|
this chapter, each county or municipality that requires a person to |
|
obtain a boarding home facility permit under Section 260.004 |
|
[254.004] shall submit to the commission a report. The report must |
|
include: |
|
(1) the total number of: |
|
(A) boarding home facilities permitted during |
|
the preceding state fiscal year; |
|
(B) boarding home facility applications denied |
|
permitting, including a summary of cause for denial; and |
|
(C) boarding home facility permits active on |
|
August 31 of the preceding state fiscal year; |
|
(2) the total number of residents reported housed in |
|
each boarding home facility reported; |
|
(3) the total number of inspections conducted at each |
|
boarding home facility by the county or municipality that requires |
|
the permit; and |
|
(4) the total number of permits revoked or suspended |
|
as a result of an inspection described by Subdivision (3) and a |
|
summary of the outcome for the residents displaced by revocation or |
|
suspension of a permit. |
|
(10) Subsection (a), Section 614.021, Health and |
|
Safety Code, is amended to read as follows: |
|
(a) In this section, "wrongfully imprisoned person" has the |
|
meaning assigned by Section 501.102 [501.091], Government Code. |
|
(11) Subsection (n), Section 32.021, Human Resources |
|
Code, is amended to read as follows: |
|
(n) An assessment of monetary penalties under this section |
|
is subject to arbitration under Subchapter H-2 [J], Chapter 242, |
|
Health and Safety Code. |
|
(12) Subsection (a), Section 142.006, Human Resources |
|
Code, is amended to read as follows: |
|
(a) A juvenile probation officer may carry a firearm in the |
|
course of the officer's official duties if: |
|
(1) the juvenile probation officer possesses a |
|
certificate of firearms proficiency issued by the Commission on Law |
|
Enforcement Officer Standards and Education under Section 1701.259 |
|
[1701.258], Occupations Code; |
|
(2) the chief juvenile probation officer of the |
|
juvenile probation department that employs the juvenile probation |
|
officer authorizes the juvenile probation officer to carry a |
|
firearm in the course of the officer's official duties; and |
|
(3) the juvenile probation officer has been employed |
|
for at least one year by the juvenile probation department |
|
described by Subdivision (2). |
|
(13) Section 4004.254, Insurance Code, as |
|
redesignated from Section 4004.154, Insurance Code, by Section |
|
27.001 of this Act, is amended to read as follows: |
|
Sec. 4004.254 [4004.154]. PROGRAM CERTIFICATION |
|
REQUIREMENTS. (a) Subchapter C, including the authorization to |
|
contract with an independent contractor under Section 4004.104, |
|
applies to programs used to satisfy the requirements of Sections |
|
4004.252 [4004.152] and 4004.253 [4004.153]. For the purpose of |
|
administering this subchapter, professional training courses shall |
|
be considered to be continuing education courses under Subchapter |
|
C. |
|
(b) The commissioner by rule shall adopt criteria for the |
|
programs used to satisfy the requirements of Sections 4004.252 |
|
[4004.152] and 4004.253 [4004.153] that are designed to ensure that |
|
an agent has knowledge, understanding, and professional competence |
|
concerning a Medicare-related product. The rules adopted under |
|
this subsection may incorporate by reference any requirements |
|
established by the Centers for Medicare and Medicaid Services or |
|
any other appropriate federal agency. |
|
(14) Section 168.152, Occupations Code, as |
|
redesignated from Section 167.152, Occupations Code, by Section |
|
27.001 of this Act, is amended to read as follows: |
|
Sec. 168.152 [167.152]. REQUIREMENTS FOR RENEWAL. |
|
(a) The owner or operator of a pain management clinic may apply to |
|
renew a certificate issued to the clinic under this chapter by: |
|
(1) submitting a renewal application to the board on |
|
the form prescribed by the board before the expiration of the grace |
|
period under Section 168.151 [167.151]; and |
|
(2) complying with any other requirements adopted by |
|
board rule. |
|
(b) If a certificate is not renewed before the expiration of |
|
the grace period under Section 168.151 [167.151], the pain |
|
management clinic must reapply for an original certificate to |
|
operate the clinic. |
|
(15) Subsection (b), Section 1118.054, Special |
|
District Local Laws Code, as redesignated from Subsection (b), |
|
Section 1072.054, Special District Local Laws Code, by Section |
|
27.001 of this Act, is amended to read as follows: |
|
(b) The appointed director must have the qualifications |
|
required by Section 1118.052 [1072.052]. |
|
(16) Subsection (b), Section 27.045, Water Code, is |
|
amended to read as follows: |
|
(b) Fees collected by the railroad commission under this |
|
section shall be deposited to the credit of the anthropogenic |
|
carbon dioxide storage trust fund established under Section 121.003 |
|
[120.003], Natural Resources Code. |
|
SECTION 27.003. If the number, letter, or other designation |
|
assigned by Section 27.001 of this Act conflicts with a designation |
|
assigned by another Act of the 82nd Legislature: |
|
(1) the other Act controls, and the change made by |
|
Section 27.001 of this Act has no effect; and |
|
(2) any change made by Section 27.002 of this Act to |
|
conform to that change made by Section 27.001 of this Act has no |
|
effect. |
|
ARTICLE 28. EFFECTIVE DATE |
|
SECTION 28.001. This Act takes effect September 1, 2011. |