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A BILL TO BE ENTITLED
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AN ACT
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relating to nonsubstantive additions to, revisions of, and |
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corrections in enacted codes, to the nonsubstantive codification or |
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disposition of various laws omitted from enacted codes, and to |
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conforming codifications enacted by the 84th Legislature to other |
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Acts of that legislature. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. GENERAL PROVISIONS |
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SECTION 1.001. This Act is enacted as part of the state's |
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continuing statutory revision program under Chapter 323, |
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Government Code. This Act is a revision for purposes of Section 43, |
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Article III, Texas Constitution, and has the purposes of: |
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(1) codifying without substantive change or providing |
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for other appropriate disposition of various statutes that were |
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omitted from enacted codes; |
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(2) conforming codifications enacted by the 84th |
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Legislature to other Acts of that legislature that amended the laws |
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codified or added new law to subject matter codified; |
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(3) revising without substantive change provisions in |
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enacted codes; |
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(4) making necessary corrections to enacted codes; and |
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(5) renumbering or otherwise redesignating titles, |
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chapters, and sections of codes that duplicate title, chapter, or |
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section designations. |
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SECTION 1.002. (a) The repeal of a statute by this Act does |
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not affect an amendment, revision, or reenactment of the statute by |
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the 85th Legislature, Regular Session, 2017. The amendment, |
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revision, or reenactment is preserved and given effect as part of |
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the code provision that revised the statute so amended, revised, or |
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reenacted. |
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(b) If any provision of this Act conflicts with a statute |
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enacted by the 85th Legislature, Regular Session, 2017, the statute |
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controls. |
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SECTION 1.003. (a) A transition or saving provision of a |
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law codified by this Act applies to the codified law to the same |
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extent as it applied to the original law. |
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(b) The repeal of a transition or saving provision by this |
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Act does not affect the application of the provision to the codified |
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law. |
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(c) In this section, "transition provision" includes any |
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temporary provision providing for a special situation in the |
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transition period between the existing law and the establishment or |
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implementation of the new law. |
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SECTION 1.004. (a) The repeal of a law, including a |
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validating law, by this Act does not remove, void, or otherwise |
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affect in any manner a validation under the repealed law. The |
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validation is preserved and continues to have the same effect that |
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it would have if the law were not repealed. |
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(b) Subsection (a) of this section does not diminish the |
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saving provisions prescribed by Section 311.031, Government Code. |
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ARTICLE 2. CHANGES RELATING TO AGRICULTURE CODE |
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SECTION 2.001. The heading to Chapter 47, Agriculture Code, |
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is amended to conform to Section 2, Chapter 965 (H.B. 1903), Acts of |
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the 83rd Legislature, Regular Session, 2013, to read as follows: |
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CHAPTER 47. TEXAS [OYSTER AND] SHRIMP MARKETING ASSISTANCE PROGRAM |
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SECTION 2.002. The heading to Subchapter B, Chapter 47, |
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Agriculture Code, is repealed to conform to Section 2, Chapter 965 |
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(H.B. 1903), Acts of the 83rd Legislature, Regular Session, 2013. |
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SECTION 2.003. Section 47.051, Agriculture Code, is amended |
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to conform to Section 2, Chapter 965 (H.B. 1903), Acts of the 83rd |
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Legislature, Regular Session, 2013, to read as follows: |
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Sec. 47.051. DEFINITIONS. In this chapter [subchapter]: |
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(1) "Advisory committee" means the shrimp advisory |
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committee. |
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(2) "Coastal waters" means all the salt water of the |
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state, including the portion of the Gulf of Mexico that is within |
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the jurisdiction of the state. |
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(3) "Program" means the Texas shrimp marketing |
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assistance program. |
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(4) "Shrimp marketing account" means the account in |
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the general revenue fund established under Section 77.002(b), Parks |
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and Wildlife Code. |
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(5) "Texas-produced shrimp" means wild-caught shrimp |
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commercially harvested from coastal waters by a shrimp boat |
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licensed by the Parks and Wildlife Department. |
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SECTION 2.004. Section 47.053(a), Agriculture Code, is |
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amended to conform to Section 2, Chapter 965 (H.B. 1903), Acts of |
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the 83rd Legislature, Regular Session, 2013, to read as follows: |
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(a) The commissioner shall appoint a shrimp advisory |
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committee to assist the commissioner in implementing the program |
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established under this chapter [subchapter] and in the expenditure |
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of funds appropriated for the purpose of this chapter [subchapter]. |
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SECTION 2.005. Section 50D.021(e), Agriculture Code, is |
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amended to read as follows: |
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(e) Subject to Section 50D.026, the research committee is |
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subject to Chapters 551 and 2001, Government Code. |
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ARTICLE 3. CHANGES RELATING TO BUSINESS & COMMERCE CODE |
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SECTION 3.001. Section 17.46(b), Business & Commerce Code, |
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as amended by Chapters 1023 (H.B. 1265) and 1080 (H.B. 2573), Acts |
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of the 84th Legislature, Regular Session, 2015, is reenacted and |
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amended to read as follows: |
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(b) Except as provided in Subsection (d) of this section, |
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the term "false, misleading, or deceptive acts or practices" |
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includes, but is not limited to, the following acts: |
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(1) passing off goods or services as those of another; |
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(2) causing confusion or misunderstanding as to the |
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source, sponsorship, approval, or certification of goods or |
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services; |
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(3) causing confusion or misunderstanding as to |
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affiliation, connection, or association with, or certification by, |
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another; |
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(4) using deceptive representations or designations |
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of geographic origin in connection with goods or services; |
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(5) representing that goods or services have |
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sponsorship, approval, characteristics, ingredients, uses, |
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benefits, or quantities which they do not have or that a person has |
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a sponsorship, approval, status, affiliation, or connection which |
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the person does not; |
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(6) representing that goods are original or new if |
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they are deteriorated, reconditioned, reclaimed, used, or |
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secondhand; |
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(7) representing that goods or services are of a |
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particular standard, quality, or grade, or that goods are of a |
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particular style or model, if they are of another; |
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(8) disparaging the goods, services, or business of |
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another by false or misleading representation of facts; |
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(9) advertising goods or services with intent not to |
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sell them as advertised; |
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(10) advertising goods or services with intent not to |
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supply a reasonable expectable public demand, unless the |
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advertisements disclosed a limitation of quantity; |
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(11) making false or misleading statements of fact |
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concerning the reasons for, existence of, or amount of price |
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reductions; |
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(12) representing that an agreement confers or |
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involves rights, remedies, or obligations which it does not have or |
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involve, or which are prohibited by law; |
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(13) knowingly making false or misleading statements |
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of fact concerning the need for parts, replacement, or repair |
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service; |
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(14) misrepresenting the authority of a salesman, |
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representative or agent to negotiate the final terms of a consumer |
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transaction; |
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(15) basing a charge for the repair of any item in |
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whole or in part on a guaranty or warranty instead of on the value of |
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the actual repairs made or work to be performed on the item without |
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stating separately the charges for the work and the charge for the |
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warranty or guaranty, if any; |
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(16) disconnecting, turning back, or resetting the |
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odometer of any motor vehicle so as to reduce the number of miles |
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indicated on the odometer gauge; |
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(17) advertising of any sale by fraudulently |
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representing that a person is going out of business; |
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(18) advertising, selling, or distributing a card |
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which purports to be a prescription drug identification card issued |
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under Section 4151.152, Insurance Code, in accordance with rules |
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adopted by the commissioner of insurance, which offers a discount |
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on the purchase of health care goods or services from a third party |
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provider, and which is not evidence of insurance coverage, unless: |
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(A) the discount is authorized under an agreement |
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between the seller of the card and the provider of those goods and |
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services or the discount or card is offered to members of the |
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seller; |
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(B) the seller does not represent that the card |
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provides insurance coverage of any kind; and |
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(C) the discount is not false, misleading, or |
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deceptive; |
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(19) using or employing a chain referral sales plan in |
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connection with the sale or offer to sell of goods, merchandise, or |
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anything of value, which uses the sales technique, plan, |
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arrangement, or agreement in which the buyer or prospective buyer |
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is offered the opportunity to purchase merchandise or goods and in |
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connection with the purchase receives the seller's promise or |
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representation that the buyer shall have the right to receive |
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compensation or consideration in any form for furnishing to the |
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seller the names of other prospective buyers if receipt of the |
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compensation or consideration is contingent upon the occurrence of |
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an event subsequent to the time the buyer purchases the merchandise |
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or goods; |
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(20) representing that a guaranty or warranty confers |
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or involves rights or remedies which it does not have or involve, |
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provided, however, that nothing in this subchapter shall be |
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construed to expand the implied warranty of merchantability as |
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defined in Sections 2.314 through 2.318 and Sections 2A.212 through |
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2A.216 to involve obligations in excess of those which are |
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appropriate to the goods; |
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(21) promoting a pyramid promotional scheme, as |
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defined by Section 17.461; |
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(22) representing that work or services have been |
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performed on, or parts replaced in, goods when the work or services |
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were not performed or the parts replaced; |
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(23) filing suit founded upon a written contractual |
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obligation of and signed by the defendant to pay money arising out |
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of or based on a consumer transaction for goods, services, loans, or |
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extensions of credit intended primarily for personal, family, |
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household, or agricultural use in any county other than in the |
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county in which the defendant resides at the time of the |
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commencement of the action or in the county in which the defendant |
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in fact signed the contract; provided, however, that a violation of |
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this subsection shall not occur where it is shown by the person |
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filing such suit that the person neither knew or had reason to know |
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that the county in which such suit was filed was neither the county |
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in which the defendant resides at the commencement of the suit nor |
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the county in which the defendant in fact signed the contract; |
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(24) failing to disclose information concerning goods |
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or services which was known at the time of the transaction if such |
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failure to disclose such information was intended to induce the |
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consumer into a transaction into which the consumer would not have |
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entered had the information been disclosed; |
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(25) using the term "corporation," "incorporated," or |
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an abbreviation of either of those terms in the name of a business |
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entity that is not incorporated under the laws of this state or |
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another jurisdiction; |
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(26) selling, offering to sell, or illegally promoting |
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an annuity contract under Chapter 22, Acts of the 57th Legislature, |
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3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil |
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Statutes), with the intent that the annuity contract will be the |
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subject of a salary reduction agreement, as defined by that Act, if |
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the annuity contract is not an eligible qualified investment under |
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that Act or is not registered with the Teacher Retirement System of |
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Texas as required by Section 8A of that Act; |
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(27) taking advantage of a disaster declared by the |
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governor under Chapter 418, Government Code, by: |
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(A) selling or leasing fuel, food, medicine, or |
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another necessity at an exorbitant or excessive price; or |
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(B) demanding an exorbitant or excessive price in |
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connection with the sale or lease of fuel, food, medicine, or |
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another necessity; |
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(28) using the translation into a foreign language of |
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a title or other word, including "attorney," "lawyer," "licensed," |
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"notary," and "notary public," in any written or electronic |
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material, including an advertisement, a business card, a |
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letterhead, stationery, a website, or an online video, in reference |
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to a person who is not an attorney in order to imply that the person |
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is authorized to practice law in the United States; |
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(29) [(28)] delivering or distributing a solicitation |
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in connection with a good or service that: |
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(A) represents that the solicitation is sent on |
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behalf of a governmental entity when it is not; or |
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(B) resembles a governmental notice or form that |
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represents or implies that a criminal penalty may be imposed if the |
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recipient does not remit payment for the good or service; |
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(30) [(29)] delivering or distributing a solicitation |
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in connection with a good or service that resembles a check or other |
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negotiable instrument or invoice, unless the portion of the |
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solicitation that resembles a check or other negotiable instrument |
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or invoice includes the following notice, clearly and conspicuously |
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printed in at least 18-point type: |
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"SPECIMEN-NON-NEGOTIABLE"; |
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(31) [(30)] in the production, sale, distribution, or |
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promotion of a synthetic substance that produces and is intended to |
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produce an effect when consumed or ingested similar to, or in excess |
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of, the effect of a controlled substance or controlled substance |
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analogue, as those terms are defined by Section 481.002, Health and |
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Safety Code: |
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(A) making a deceptive representation or |
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designation about the synthetic substance; or |
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(B) causing confusion or misunderstanding as to |
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the effects the synthetic substance causes when consumed or |
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ingested; or |
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(32) [(31)] a licensed public insurance adjuster |
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directly or indirectly soliciting employment, as defined by Section |
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38.01, Penal Code, for an attorney, or a licensed public insurance |
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adjuster entering into a contract with an insured for the primary |
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purpose of referring the insured to an attorney without the intent |
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to actually perform the services customarily provided by a licensed |
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public insurance adjuster, provided that this subdivision may not |
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be construed to prohibit a licensed public insurance adjuster from |
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recommending a particular attorney to an insured. |
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ARTICLE 4. CHANGES RELATING TO CIVIL PRACTICE AND REMEDIES CODE |
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SECTION 4.001. Section 91A.001, Civil Practice and Remedies |
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Code, is amended to conform to changes made by Chapter 838 (S.B. |
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202), Acts of the 84th Legislature, Regular Session, 2015, to read |
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as follows: |
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Sec. 91A.001. DEFINITIONS. In this chapter: |
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(1) "Audiologist" means an individual licensed to |
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practice audiology by the Texas Department of Licensing and |
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Regulation [State Board of Examiners of Speech-Language Pathology
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and Audiology]. |
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(2) "Speech-language pathologist" means an individual |
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licensed to practice speech-language pathology by the Texas |
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Department of Licensing and Regulation [State Board of Examiners
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for Speech-Language Pathology and Audiology]. |
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ARTICLE 5. CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE |
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SECTION 5.001. Articles 17.033(c) and (d), Code of Criminal |
|
Procedure, are amended to correct a reference to read as follows: |
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(c) On the filing of an application by the attorney |
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representing the state, a magistrate may postpone the release of a |
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person under Subsection (a)[, (a-1),] or (b) for not more than 72 |
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hours after the person's arrest. An application filed under this |
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subsection must state the reason a magistrate has not determined |
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whether probable cause exists to believe that the person committed |
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the offense for which the person was arrested. |
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(d) The time limits imposed by Subsections (a)[, (a-1),] and |
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(b) do not apply to a person arrested without a warrant who is taken |
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to a hospital, clinic, or other medical facility before being taken |
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before a magistrate under Article 15.17. For a person described by |
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this subsection, the time limits imposed by Subsections (a)[,
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(a-1),] and (b) begin to run at the time, as documented in the |
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records of the hospital, clinic, or other medical facility, that a |
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physician or other medical professional releases the person from |
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the hospital, clinic, or other medical facility. |
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SECTION 5.002. Article 45.0216(f), Code of Criminal |
|
Procedure, is amended to correct a reference to read as follows: |
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(f) The court shall order the conviction, together with all |
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complaints, verdicts, sentences, and prosecutorial and law |
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enforcement records, and any other documents relating to the |
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offense, expunged from the person's record if the court finds that: |
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(1) for a person applying for the expunction of a |
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conviction for an offense described by Section 8.07(a)(4) or (5), |
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Penal Code, the person was not convicted of any other offense |
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described by Section 8.07(a)(4) or (5), Penal Code, while the |
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person was a child; and |
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(2) for a person applying for the expunction of a |
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conviction for an offense described by Section 43.261, Penal Code, |
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the person was not found to have engaged in conduct indicating a |
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need for supervision described by Section 51.03(b)(6) |
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[51.03(b)(7)], Family Code, while the person was a child. |
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SECTION 5.003. Article 56.021(d), Code of Criminal |
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Procedure, as added by Chapter 1032 (H.B. 1447), Acts of the 84th |
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Legislature, Regular Session, 2015, is repealed as duplicative of |
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Article 56.021(d), Code of Criminal Procedure, as added by Chapter |
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1153 (S.B. 630), Acts of the 84th Legislature, Regular Session, |
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2015. |
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ARTICLE 6. CHANGES RELATING TO EDUCATION CODE |
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SECTION 6.001. Section 25.007(b), Education Code, as |
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amended by Chapters 746 (H.B. 1804), 822 (H.B. 3748), and 1206 (S.B. |
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1494), Acts of the 84th Legislature, Regular Session, 2015, is |
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reenacted and amended to read as follows: |
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(b) In recognition of the challenges faced by students who |
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are homeless or in substitute care, the agency shall assist the |
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transition of students who are homeless or in substitute care from |
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one school to another by: |
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(1) ensuring that school records for a student who is |
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homeless or in substitute care are transferred to the student's new |
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school not later than the 10th working day after the date the |
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student begins enrollment at the school; |
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(2) developing systems to ease transition of a student |
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who is homeless or in substitute care during the first two weeks of |
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enrollment at a new school; |
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(3) developing procedures for awarding credit, |
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including partial credit if appropriate, for course work, including |
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electives, completed by a student who is homeless or in substitute |
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care while enrolled at another school; |
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(4) promoting practices that facilitate access by a |
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student who is homeless or in substitute care to extracurricular |
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programs, summer programs, credit transfer services, electronic |
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courses provided under Chapter 30A, and after-school tutoring |
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programs at nominal or no cost; |
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(5) establishing procedures to lessen the adverse |
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impact of the movement of a student who is homeless or in substitute |
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care to a new school; |
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(6) entering into a memorandum of understanding with |
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the Department of Family and Protective Services regarding the |
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exchange of information as appropriate to facilitate the transition |
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of students in substitute care from one school to another; |
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(7) encouraging school districts and open-enrollment |
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charter schools to provide services for a student who is homeless or |
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in substitute care in transition when applying for admission to |
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postsecondary study and when seeking sources of funding for |
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postsecondary study; |
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(8) requiring school districts, campuses, and |
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open-enrollment charter schools to accept a referral for special |
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education services made for a student who is homeless or in |
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substitute care by a school previously attended by the student; |
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(9) requiring school districts, campuses, and |
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open-enrollment charter schools to provide notice to the child's |
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educational decision-maker and caseworker regarding events that |
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may significantly impact the education of a child, including: |
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(A) requests or referrals for an evaluation under |
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Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or |
|
special education under Section 29.003; |
|
(B) admission, review, and dismissal committee |
|
meetings; |
|
(C) manifestation determination reviews required |
|
by Section 37.004(b); |
|
(D) any disciplinary actions under Chapter 37 for |
|
which parental notice is required; |
|
(E) citations issued for Class C misdemeanor |
|
offenses on school property or at school-sponsored activities; |
|
(F) reports of restraint and seclusion required |
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by Section 37.0021; and |
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(G) use of corporal punishment as provided by |
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Section 37.0011; |
|
(10) developing procedures for allowing a student who |
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is homeless or in substitute care who was previously enrolled in a |
|
course required for graduation the opportunity, to the extent |
|
practicable, to complete the course, at no cost to the student, |
|
before the beginning of the next school year; |
|
(11) ensuring that a student who is homeless or in |
|
substitute care who is not likely to receive a high school diploma |
|
before the fifth school year following the student's enrollment in |
|
grade nine, as determined by the district, has the student's course |
|
credit accrual and personal graduation plan reviewed; |
|
(12) ensuring that a student in substitute care who is |
|
in grade 11 or 12 be provided information regarding tuition and fee |
|
exemptions under Section 54.366 for dual-credit or other courses |
|
provided by a public institution of higher education for which a |
|
high school student may earn joint high school and college credit; |
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[and] |
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(13) designating at least one agency employee to act |
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as a liaison officer regarding educational issues related to |
|
students in the conservatorship of the Department of Family and |
|
Protective Services; and |
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(14) [(13)] providing other assistance as identified |
|
by the agency. |
|
SECTION 6.002. Section 26.002, Education Code, is amended |
|
to correct a reference to read as follows: |
|
Sec. 26.002. DEFINITION. In this chapter, "parent" |
|
includes a person standing in parental relation. The term does not |
|
include a person as to whom the parent-child relationship has been |
|
terminated or a person not entitled to possession of or access to a |
|
child under a court order. Except as provided by federal law, all |
|
rights of a parent under Title 2 of this code and all educational |
|
rights under Section 151.001(a)(10) [151.003(a)(10)], Family Code, |
|
shall be exercised by a student who is 18 years of age or older or |
|
whose disabilities of minority have been removed for general |
|
purposes under Chapter 31, Family Code, unless the student has been |
|
determined to be incompetent or the student's rights have been |
|
otherwise restricted by a court order. |
|
SECTION 6.003. Section 38.158(b), Education Code, is |
|
amended to conform to changes made by Chapter 838 (S.B. 202), Acts |
|
of the 84th Legislature, Regular Session, 2015, to read as follows: |
|
(b) The Texas Department of Licensing and Regulation [State
|
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Health Services Advisory Board of Athletic Trainers] shall approve |
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for athletic trainers training courses in the subject matter of |
|
concussions and shall maintain an updated list of individuals and |
|
organizations authorized by the board to provide the training. |
|
SECTION 6.004. Sections 61.806(c) and (d), Education Code, |
|
as amended by Chapter 443 (S.B. 715), Acts of the 83rd Legislature, |
|
Regular Session, 2013, are repealed to conform to the repeal of |
|
Subchapter Q, Chapter 61, Education Code, by Chapter 1155 (S.B. |
|
215), Acts of the 83rd Legislature, Regular Session, 2013. |
|
SECTION 6.005. Section 61.833(a), Education Code, is |
|
amended to read as follows: |
|
(a) In this section:[,] |
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(1) "Lower-division [lower-division] institution of |
|
higher education" means a public junior college, public state |
|
college, or public technical institute.[; and] |
|
(2) "Reverse [reverse] transfer data sharing |
|
platform" means: |
|
(A) the National Student Clearinghouse; or |
|
(B) a similar national electronic data sharing |
|
and exchange platform operated by an agent of the institution that |
|
meets nationally accepted standards, conventions, and practices. |
|
SECTION 6.006. Section 130.008(g), Education Code, as added |
|
by Chapter 1177 (S.B. 1004), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 130.008(g-1), Education |
|
Code, and amended to conform to the repeal of Section 130.008(f), |
|
Education Code, by Chapter 90 (H.B. 505), Acts of the 84th |
|
Legislature, Regular Session, 2015, to read as follows: |
|
(g-1) [(g)] A public junior college with a service area |
|
located wholly or partly in a county with a population of more than |
|
three million shall enter into an agreement with each school |
|
district located wholly or partly in a county with a population of |
|
more than three million to offer one or more courses as provided by |
|
this section. A student enrolled in a school district to which this |
|
subsection applies may enroll in a course at any junior college that |
|
has entered into an agreement with the district to offer the course |
|
under this subsection. [Subsection (f) does not apply to a student
|
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who seeks to enroll in a course under this subsection.] |
|
SECTION 6.007. The heading to Chapter 143, Education Code, |
|
is repealed to conform to the repeal and redesignation of the |
|
provisions of that chapter by Chapter 1155 (S.B. 215), Acts of the |
|
83rd Legislature, Regular Session, 2013. |
|
ARTICLE 7. CHANGES RELATING TO FAMILY CODE |
|
SECTION 7.001. Subtitle E, Title 2, Family Code, as added by |
|
Chapters 612 (S.B. 822) and 1165 (S.B. 813), Acts of the 84th |
|
Legislature, Regular Session, 2015, is reenacted and amended to |
|
read as follows: |
|
SUBTITLE E. GENERAL PROVISIONS |
|
CHAPTER 47. GENERAL PROVISIONS |
|
Sec. 47.001. APPLICABILITY OF DEFINITIONS. (a) Except as |
|
provided by Subsection (b), the definitions in Chapter 101 apply to |
|
terms used in this title. |
|
(b) If a term defined in this title has a meaning different |
|
from the meaning provided by Chapter 101, the meaning provided by |
|
this title prevails. |
|
Sec. 47.002. APPLICABILITY OF LAWS RELATING TO ATTORNEYS AD |
|
LITEM, GUARDIANS AD LITEM, AND AMICUS ATTORNEYS. Chapter 107 |
|
applies to the appointment of an attorney ad litem, guardian ad |
|
litem, or amicus attorney under this title. |
|
Sec. 47.003 [47.001]. USE OF DIGITIZED SIGNATURE. (a) A |
|
digitized signature on an original petition or application under |
|
this title or any other pleading or order in a proceeding under this |
|
title satisfies the requirements for and imposes the duties of |
|
signatories to pleadings, motions, and other papers identified |
|
under Rule 13, Texas Rules of Civil Procedure. |
|
(b) A digitized signature under this section may be applied |
|
only by, and must remain under the sole control of, the person whose |
|
signature is represented. |
|
[(c)
In this section, "digitized signature" has the meaning
|
|
assigned by Section 101.0096.] |
|
SECTION 7.002. Section 51.03(b), Family Code, as amended by |
|
Chapters 935 (H.B. 2398), 944 (S.B. 206), and 1273 (S.B. 825), Acts |
|
of the 84th Legislature, Regular Session, 2015, is reenacted and |
|
amended to read as follows: |
|
(b) Conduct indicating a need for supervision is: |
|
(1) subject to Subsection (f), conduct, other than a |
|
traffic offense, that violates: |
|
(A) the penal laws of this state of the grade of |
|
misdemeanor that are punishable by fine only; or |
|
(B) the penal ordinances of any political |
|
subdivision of this state; |
|
(2) the voluntary absence of a child from the child's |
|
home without the consent of the child's parent or guardian for a |
|
substantial length of time or without intent to return; |
|
(3) conduct prohibited by city ordinance or by state |
|
law involving the inhalation of the fumes or vapors of paint and |
|
other protective coatings or glue and other adhesives and the |
|
volatile chemicals itemized in Section 485.001, Health and Safety |
|
Code; |
|
(4) an act that violates a school district's |
|
previously communicated written standards of student conduct for |
|
which the child has been expelled under Section 37.007(c), |
|
Education Code; |
|
(5) [(6)] notwithstanding Subsection (a)(1), conduct |
|
described by Section 43.02(a) or (b), Penal Code; or |
|
(6) [(7)] notwithstanding Subsection (a)(1), conduct |
|
that violates Section 43.261, Penal Code. |
|
SECTION 7.003. Section 51.13(e), Family Code, is amended to |
|
correct a reference to read as follows: |
|
(e) A finding that a child engaged in conduct indicating a |
|
need for supervision as described by Section 51.03(b)(6) |
|
[51.03(b)(7)] is a conviction only for the purposes of Sections |
|
43.261(c) and (d), Penal Code. |
|
SECTION 7.004. Section 54.0404(a), Family Code, is amended |
|
to correct a reference to read as follows: |
|
(a) If a child is found to have engaged in conduct |
|
indicating a need for supervision described by Section 51.03(b)(6) |
|
[51.03(b)(7)], the juvenile court may enter an order requiring the |
|
child to attend and successfully complete an educational program |
|
described by Section 37.218, Education Code, or another equivalent |
|
educational program. |
|
SECTION 7.005. Section 58.003(c-3), Family Code, is amended |
|
to correct a reference to read as follows: |
|
(c-3) Notwithstanding Subsections (a) and (c) and subject |
|
to Subsection (b), a juvenile court, on the court's own motion and |
|
without a hearing, shall order the sealing of records concerning a |
|
child found to have engaged in conduct indicating a need for |
|
supervision described by Section 51.03(b)(5) [51.03(b)(6)] or |
|
taken into custody to determine whether the child engaged in |
|
conduct indicating a need for supervision described by Section |
|
51.03(b)(5) [51.03(b)(6)]. This subsection applies only to |
|
records related to conduct indicating a need for supervision |
|
described by Section 51.03(b)(5) [51.03(b)(6)]. |
|
SECTION 7.006. Section 261.3023, Family Code, as amended by |
|
Chapters 1056 (H.B. 2053) and 1202 (S.B. 1406), Acts of the 84th |
|
Legislature, Regular Session, 2015, is reenacted and amended to |
|
read as follows: |
|
Sec. 261.3023. LAW ENFORCEMENT RESPONSE TO CHILD SAFETY |
|
CHECK ALERT. If a law enforcement officer encounters a child or |
|
other person [, including a child,] listed on the Texas Crime |
|
Information Center's child safety check alert list, the law |
|
enforcement officer shall follow the procedures described by |
|
Article 2.272, Code of Criminal Procedure. |
|
SECTION 7.007. Section 261.3024(a), Family Code, as amended |
|
by Chapters 1056 (H.B. 2053) and 1202 (S.B. 1406), Acts of the 84th |
|
Legislature, Regular Session, 2015, is reenacted to read as |
|
follows: |
|
(a) A law enforcement officer who locates a child listed on |
|
the Texas Crime Information Center's child safety check alert list |
|
shall report that the child has been located in the manner |
|
prescribed by Article 2.272, Code of Criminal Procedure. |
|
SECTION 7.008. Section 262.353(d), Family Code, as amended |
|
by Chapters 837 (S.B. 200) and 946 (S.B. 277), Acts of the 84th |
|
Legislature, Regular Session, 2015, is repealed to conform to the |
|
repeal of Section 262.353, Family Code, by Chapter 432 (S.B. 1889), |
|
Acts of the 84th Legislature, Regular Session, 2015. |
|
SECTION 7.009. (a) Section 263.306(a-1), Family Code, is |
|
amended to conform to the amendment of Section 263.306(a), Family |
|
Code, by Chapter 697 (H.B. 825), Acts of the 84th Legislature, |
|
Regular Session, 2015, to read as follows: |
|
(a-1) At each permanency hearing before a final order is |
|
rendered, the court shall: |
|
(1) identify all persons and parties present at the |
|
hearing; |
|
(2) review the efforts of the department or other |
|
agency in: |
|
(A) locating and requesting service of citation |
|
on all persons entitled to service of citation under Section |
|
102.009; and |
|
(B) obtaining the assistance of a parent in |
|
providing information necessary to locate an absent parent, alleged |
|
father, or relative of the child; |
|
(3) ask all parties present whether the child or the |
|
child's family has a Native American heritage and identify any |
|
Native American tribe with which the child may be associated; |
|
(4) review the extent of the parties' compliance with |
|
temporary orders and the service plan and the extent to which |
|
progress has been made toward alleviating or mitigating the causes |
|
necessitating the placement of the child in foster care; |
|
(5) [(4)] review the permanency progress report to |
|
determine: |
|
(A) the safety and well-being of the child and |
|
whether the child's needs, including any medical or special needs, |
|
are being adequately addressed; |
|
(B) the continuing necessity and appropriateness |
|
of the placement of the child, including with respect to a child who |
|
has been placed outside of this state, whether the placement |
|
continues to be in the best interest of the child; |
|
(C) the appropriateness of the primary and |
|
alternative permanency goals for the child developed in accordance |
|
with department rule and whether the department has made reasonable |
|
efforts to finalize the permanency plan, including the concurrent |
|
permanency goals, in effect for the child; |
|
(D) whether the child has been provided the |
|
opportunity, in a developmentally appropriate manner, to express |
|
the child's opinion on any medical care provided; |
|
(E) for a child receiving psychotropic |
|
medication, whether the child: |
|
(i) has been provided appropriate |
|
nonpharmacological interventions, therapies, or strategies to meet |
|
the child's needs; or |
|
(ii) has been seen by the prescribing |
|
physician, physician assistant, or advanced practice nurse at least |
|
once every 90 days; |
|
(F) whether an education decision-maker for the |
|
child has been identified, the child's education needs and goals |
|
have been identified and addressed, and there have been major |
|
changes in the child's school performance or there have been |
|
serious disciplinary events; |
|
(G) for a child 14 years of age or older, whether |
|
services that are needed to assist the child in transitioning from |
|
substitute care to independent living are available in the child's |
|
community; and |
|
(H) for a child whose permanency goal is another |
|
planned permanent living arrangement: |
|
(i) the desired permanency outcome for the |
|
child, by asking the child; and |
|
(ii) whether, as of the date of the hearing, |
|
another planned permanent living arrangement is the best permanency |
|
plan for the child and, if so, provide compelling reasons why it |
|
continues to not be in the best interest of the child to: |
|
(a) return home; |
|
(b) be placed for adoption; |
|
(c) be placed with a legal guardian; |
|
or |
|
(d) be placed with a fit and willing |
|
relative; |
|
(6) [(5)] determine whether to return the child to the |
|
child's parents if the child's parents are willing and able to |
|
provide the child with a safe environment and the return of the |
|
child is in the child's best interest; |
|
(7) [(6)] estimate a likely date by which the child |
|
may be returned to and safely maintained in the child's home, placed |
|
for adoption, or placed in permanent managing conservatorship; and |
|
(8) [(7)] announce in open court the dismissal date |
|
and the date of any upcoming hearings. |
|
(b) Section 263.306(c), Family Code, is amended to conform |
|
to the amendment of Section 263.306, Family Code, by Chapter 944 |
|
(S.B. 206), Acts of the 84th Legislature, Regular Session, 2015, to |
|
read as follows: |
|
(c) In addition to the requirements of Subsection (a-1) |
|
[(a)], at each permanency hearing before a final order is rendered |
|
the court shall review the department's efforts to ensure that the |
|
child has regular, ongoing opportunities to engage in |
|
age-appropriate normalcy activities, including activities not |
|
listed in the child's service plan. |
|
(c) Section 263.306(a), Family Code, is repealed to conform |
|
to the repeal of Section 263.306(a), Family Code, by Chapter 944 |
|
(S.B. 206), Acts of the 84th Legislature, Regular Session, 2015. |
|
SECTION 7.010. Section 264.017, Family Code, as added by |
|
Chapter 713 (H.B. 1217), Acts of the 84th Legislature, Regular |
|
Session, 2015, is repealed as duplicative of Section 264.017, |
|
Family Code, as added by Chapter 944 (S.B. 206), Acts of the 84th |
|
Legislature, Regular Session, 2015. |
|
SECTION 7.011. Section 264.304(c), Family Code, as amended |
|
by Chapter 935 (H.B. 2398), Acts of the 84th Legislature, Regular |
|
Session, 2015, is repealed to conform to the repeal of Section |
|
264.304, Family Code, by Chapter 944 (S.B. 206), Acts of the 84th |
|
Legislature, Regular Session, 2015. |
|
ARTICLE 8. CHANGES RELATING TO GOVERNMENT CODE |
|
PART A. GENERAL CHANGES |
|
SECTION 8.001. Section 126.001(b), Government Code, as |
|
transferred and redesignated from Section 169A.001, Health and |
|
Safety Code, by Chapters 604 (S.B. 536) and 1236 (S.B. 1296), Acts |
|
of the 84th Legislature, Regular Session, 2015, and as amended by |
|
Chapters 604 (S.B. 536), 770 (H.B. 2299), and 1279 (S.B. 1902), Acts |
|
of the 84th Legislature, Regular Session, 2015, is reenacted and |
|
amended to read as follows: |
|
(b) If a defendant successfully completes a commercially |
|
sexually exploited persons court program, regardless of whether the |
|
defendant was convicted of the offense for which the defendant |
|
entered the program or whether the court deferred further |
|
proceedings without entering an adjudication of guilt, after notice |
|
to the state and a hearing on whether the defendant is otherwise |
|
entitled to the petition, including whether the required time has |
|
elapsed, and whether issuance of the order is in the best interest |
|
of justice, the court shall enter an order of nondisclosure of |
|
criminal history record information under Subchapter E-1, Chapter |
|
411, as if the defendant had received a discharge and dismissal |
|
under Article 42A.111, Code of Criminal Procedure, with respect to |
|
all records and files related to the defendant's arrest for the |
|
offense for which the defendant entered the program. |
|
SECTION 8.002. Section 126.002(a), Government Code, as |
|
transferred and redesignated from Section 169A.002, Health and |
|
Safety Code, by Chapters 604 (S.B. 536) and 1236 (S.B. 1296), Acts |
|
of the 84th Legislature, Regular Session, 2015, and as amended by |
|
Chapters 604 (S.B. 536) and 1273 (S.B. 825), Acts of the 84th |
|
Legislature, Regular Session, 2015, is reenacted to read as |
|
follows: |
|
(a) The commissioners court of a county or governing body of |
|
a municipality may establish a commercially sexually exploited |
|
persons court program for defendants charged with an offense under |
|
Section 43.02(a), Penal Code. |
|
SECTION 8.003. Section 402.035(c), Government Code, as |
|
amended by Chapters 146 (H.B. 188), 332 (H.B. 10), and 734 (H.B. |
|
1549), Acts of the 84th Legislature, Regular Session, 2015, is |
|
reenacted and amended to read as follows: |
|
(c) The task force is composed of the following: |
|
(1) the governor or the governor's designee; |
|
(2) the attorney general or the attorney general's |
|
designee; |
|
(3) the executive commissioner of the Health and Human |
|
Services Commission or the executive commissioner's designee; |
|
(4) the commissioner of the Department of Family and |
|
Protective Services or the commissioner's designee; |
|
(5) the commissioner of the Department of State Health |
|
Services or the commissioner's designee; |
|
(6) the public safety director of the Department of |
|
Public Safety or the director's designee; |
|
(7) one representative from each of the following |
|
state agencies, appointed by the chief administrative officer of |
|
the respective agency: |
|
(A) the Texas Workforce Commission; |
|
(B) the Texas Department of Criminal Justice; |
|
(C) the Texas Juvenile Justice Department; |
|
(D) the Texas Education Agency; |
|
(E) [(D)] the Texas Alcoholic Beverage |
|
Commission; |
|
(F) the Texas Parks and Wildlife Department; and |
|
(G) the Supreme Court of Texas Permanent Judicial |
|
Commission for Children, Youth and Families; and |
|
(8) as appointed by the attorney general: |
|
(A) a chief public defender employed by a public |
|
defender's office, as defined by Article 26.044(a), Code of |
|
Criminal Procedure, or an attorney designated by the chief public |
|
defender; |
|
(B) an attorney representing the state; |
|
(C) a representative of: |
|
(i) a hotel and motel association; |
|
(ii) a district and county attorneys |
|
association; |
|
(iii) a state police association; and |
|
(iv) a statewide medical association; |
|
(D) representatives of sheriff's departments; |
|
(E) representatives of local law enforcement |
|
agencies affected by human trafficking; and |
|
(F) representatives of nongovernmental entities |
|
making comprehensive efforts to combat human trafficking by: |
|
(i) identifying human trafficking victims; |
|
(ii) providing legal or other services to |
|
human trafficking victims; |
|
(iii) participating in community outreach |
|
or public awareness efforts regarding human trafficking; |
|
(iv) providing or developing training |
|
regarding the prevention of human trafficking; or |
|
(v) engaging in other activities designed |
|
to prevent human trafficking. |
|
SECTION 8.004. Section 402.035(d), Government Code, as |
|
amended by Chapters 146 (H.B. 188) and 332 (H.B. 10), Acts of the |
|
84th Legislature, Regular Session, 2015, is reenacted and amended |
|
to read as follows: |
|
(d) The task force shall: |
|
(1) collaborate, as needed to fulfill the duties of |
|
the task force, with: |
|
(A) United States attorneys' offices [Attorneys'
|
|
Offices] for all of the federal districts of Texas; and |
|
(B) special agents or customs and border |
|
protection officers and border patrol agents of: |
|
(i) the Federal Bureau of Investigation; |
|
(ii) the United States Drug Enforcement |
|
Administration; |
|
(iii) the Bureau of Alcohol, Tobacco, |
|
Firearms and Explosives; |
|
(iv) United States Immigration and Customs |
|
Enforcement; or |
|
(v) the United States Department of |
|
Homeland Security; |
|
(2) collect, organize, and periodically publish |
|
statistical data on the nature and extent of human trafficking in |
|
this state, including data described by Subdivisions (4)(A), (B), |
|
(C), (D), and (E); |
|
(3) solicit cooperation and assistance from state and |
|
local governmental agencies, political subdivisions of the state, |
|
nongovernmental organizations, and other persons, as appropriate, |
|
for the purpose of collecting and organizing statistical data under |
|
Subdivision (2); |
|
(4) ensure that each state or local governmental |
|
agency and political subdivision of the state and each state or |
|
local law enforcement agency, district attorney, or county attorney |
|
that assists in the prevention of human trafficking collects |
|
statistical data related to human trafficking, including, as |
|
appropriate: |
|
(A) the number of investigations concerning, |
|
arrests and prosecutions for, and convictions of: |
|
(i) the offense of trafficking of persons; |
|
(ii) the offense of forgery or an offense |
|
under Chapter 43, Penal Code, if the offense was committed as part |
|
of a criminal episode involving the trafficking of persons; and |
|
(iii) an offense punishable under Section |
|
43.02(c)(3), Penal Code, regardless of whether the offense was |
|
committed as part of a criminal episode involving the trafficking |
|
of persons; |
|
(B) demographic information on persons who are |
|
convicted of offenses described by Paragraph (A) and persons who |
|
are the victims of those offenses; |
|
(C) geographic routes by which human trafficking |
|
victims are trafficked, including routes by which victims are |
|
trafficked across this state's international border, and |
|
geographic patterns in human trafficking, including the country or |
|
state of origin and the country or state of destination; |
|
(D) means of transportation and methods used by |
|
persons who engage in trafficking to transport their victims; and |
|
(E) social and economic factors that create a |
|
demand for the labor or services that victims of human trafficking |
|
are forced to provide; |
|
(5) work with the Texas Commission on Law Enforcement |
|
to develop and conduct training for law enforcement personnel, |
|
victim service providers, and medical service providers to identify |
|
victims of human trafficking; |
|
(6) work with the Texas Education Agency, the |
|
Department of Family and Protective Services, and the Health and |
|
Human Services Commission to: |
|
(A) develop a list of key indicators that a |
|
person is a victim of human trafficking; |
|
(B) develop a standardized curriculum for |
|
training doctors, nurses, emergency medical services personnel, |
|
teachers, school counselors, school administrators, and personnel |
|
from the Department of Family and Protective Services and the |
|
Health and Human Services Commission to identify and assist victims |
|
of human trafficking; |
|
(C) train doctors, nurses, emergency medical |
|
services personnel, teachers, school counselors, school |
|
administrators, and personnel from the Department of Family and |
|
Protective Services and the Health and Human Services Commission to |
|
identify and assist victims of human trafficking; |
|
(D) develop and conduct training for personnel |
|
from the Department of Family and Protective Services and the |
|
Health and Human Services Commission on methods for identifying |
|
children in foster care who may be at risk of becoming victims of |
|
human trafficking; and |
|
(E) develop a process for referring identified |
|
human trafficking victims and individuals at risk of becoming |
|
victims to appropriate entities for services; |
|
(7) on the request of a judge of a county court, county |
|
court at law, or district court or a county attorney, district |
|
attorney, or criminal district attorney, assist and train the judge |
|
or the judge's staff or the attorney or the attorney's staff in the |
|
recognition and prevention of human trafficking; |
|
(8) examine training protocols related to human |
|
trafficking issues, as developed and implemented by federal, state, |
|
and local law enforcement agencies; |
|
(9) collaborate with state and local governmental |
|
agencies, political subdivisions of the state, and nongovernmental |
|
organizations to implement a media awareness campaign in |
|
communities affected by human trafficking; |
|
(10) develop recommendations on how to strengthen |
|
state and local efforts to prevent human trafficking, protect and |
|
assist human trafficking victims, curb markets and other economic |
|
avenues that facilitate human trafficking and investigate and |
|
prosecute human trafficking offenders; |
|
(11) examine the extent to which human trafficking is |
|
associated with the operation of sexually oriented businesses, as |
|
defined by Section 243.002, Local Government Code, and the |
|
workplace or public health concerns that are created by the |
|
association of human trafficking and the operation of sexually |
|
oriented businesses; [and] |
|
(12) develop recommendations for addressing the |
|
demand for forced labor or services or sexual conduct involving |
|
victims of human trafficking, including recommendations for |
|
increased penalties for individuals who engage or attempt to engage |
|
in prostitution with victims younger than 18 years of age; and |
|
(13) [(12)] identify and report to the governor and |
|
legislature on laws, licensure requirements, or other regulations |
|
that can be passed at the state and local level to curb trafficking |
|
using the Internet and in sexually oriented businesses. |
|
SECTION 8.005. Section 411.122(d), Government Code, is |
|
amended to conform to changes made by Chapter 838 (S.B. 202), Acts |
|
of the 84th Legislature, Regular Session, 2015, 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; |
|
(B) [(C) Midwifery Board;
|
|
[(D)
Texas State Perfusionist Advisory
|
|
Committee;
|
|
[(E)] Texas State Board of Examiners of |
|
Professional Counselors; and |
|
(C) [(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 8.006. Section 434.017(a), Government Code, as |
|
amended by Chapters 160 (H.B. 1584) and 821 (H.B. 3710), Acts of the |
|
84th Legislature, Regular Session, 2015, 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; |
|
(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); |
|
(5) money deposited to the credit of the fund under |
|
Section 502.1746, Transportation Code; |
|
(6) money deposited to the credit of the fund under |
|
Section 521.010, Transportation Code; [and] |
|
(7) money deposited to the credit of the fund under |
|
Section 12.007, Parks and Wildlife Code; and |
|
(8) [(7)] money deposited to the credit of the fund |
|
under Section 411.1741. |
|
SECTION 8.007. Section 437.355(a), Government Code, as |
|
amended by Chapters 144 (H.B. 115) and 760 (H.B. 2108), Acts of the |
|
84th Legislature, Regular Session, 2015, is reenacted to read as |
|
follows: |
|
(a) The governor or adjutant general, if delegated the |
|
authority, may adopt policies and regulations relating to awarding: |
|
(1) the Texas Purple Heart Medal, which shall be |
|
awarded to a service member who: |
|
(A) after September 11, 2001: |
|
(i) was inducted into federal service from |
|
the Texas National Guard; and |
|
(ii) meets the criteria for an award of the |
|
federal Purple Heart Medal; or |
|
(B) was wounded or killed at Fort Hood on |
|
November 5, 2009; |
|
(2) the Texas Superior Service Medal, which shall be |
|
awarded to: |
|
(A) a service member of the Texas military forces |
|
who has: |
|
(i) completed 30 or more years of honorable |
|
state service or a combination of state and federal service; and |
|
(ii) continually demonstrated superior |
|
performance and service while assigned to key leadership positions |
|
demanding responsibility; or |
|
(B) a civilian who has contributed significant |
|
service to the Texas military forces; |
|
(3) the Lone Star Distinguished Service Medal, which |
|
shall be awarded to a member of the military forces of this state, |
|
another state, or the United States for exceptionally outstanding |
|
achievement or service to this state in performance of a duty of |
|
great responsibility while serving with the Texas military forces |
|
for whom the department receives a letter of recommendation for |
|
award of the Lone Star Distinguished Service Medal that: |
|
(A) gives an account of the exceptional |
|
achievement or service; and |
|
(B) includes facts and photographs, and extracts |
|
from official documents to support and amplify the facts; |
|
(4) the Texas Outstanding Service Medal, which shall |
|
be awarded to a service member of the military forces of this state, |
|
another state, or the United States who has performed service in a |
|
superior and clearly outstanding manner; |
|
(5) the Texas Humanitarian Service Medal, which shall |
|
be awarded to a service member who: |
|
(A) does not meet the criteria for an award of the |
|
federal Humanitarian Service Medal; |
|
(B) is a member of the Texas military forces; and |
|
(C) while serving on state active duty or active |
|
duty under state authority in accordance with Title 32, United |
|
States Code, participates satisfactorily in defense support to a |
|
mission under civilian authority to protect life or property during |
|
or soon after a natural disaster or civil unrest in the state; |
|
(6) the Texas Homeland Defense Service Medal, which |
|
shall be awarded to a service member of the Texas military forces |
|
who served: |
|
(A) on or after September 11, 2001; |
|
(B) on state active duty or active duty under |
|
state authority in accordance with Title 32, United States Code; |
|
and |
|
(C) satisfactorily in defense support to a |
|
mission in the state under civilian authority; |
|
(7) the Federal Service Medal, which shall be awarded |
|
to a service member who was inducted into federal service from the |
|
Texas military forces between June 15, 1940, and January 1, 1946, or |
|
after June 1, 1950, if the service was for more than 90 days; |
|
(8) the Texas Combat Service Ribbon, which shall be |
|
awarded to a service member of the Texas National Guard who served, |
|
after September 11, 2001, in a hostile fire zone as designated by |
|
the United States secretary of defense; |
|
(9) the Texas Faithful Service Medal, which shall be |
|
awarded to a member of the Texas military forces who has completed |
|
five years of honorable service during which the service member has |
|
shown fidelity to duty, efficient service, and great loyalty to |
|
this state; |
|
(10) the Texas Medal of Merit, which shall be awarded |
|
to a member of the military forces of this state, another state, or |
|
the United States who performs outstanding service or attains |
|
extraordinary achievement in behalf of the state or United States; |
|
(11) the Texas State Guard Service Medal, which shall |
|
be awarded to a service member who completes three consecutive |
|
years of honorable service in the Texas State Guard during which the |
|
service member has shown fidelity to duty, efficient service, and |
|
great loyalty to this state; |
|
(12) the Texas Desert Shield/Desert Storm Campaign |
|
Medal, which shall be awarded to a service member who was inducted |
|
into federal service from the Texas National Guard after August 1, |
|
1990, in support of Operation Desert Shield or Operation Desert |
|
Storm, without regard to the place that the service member was |
|
deployed while serving on active federal military duty; |
|
(13) the Texas Iraqi Campaign Medal, which shall be |
|
awarded to a service member who was inducted into federal service |
|
from the Texas National Guard, without regard to the place that the |
|
service member was deployed while serving on active federal |
|
military duty, after: |
|
(A) March 19, 2003, in support of Operation Iraqi |
|
Freedom; or |
|
(B) August 31, 2010, in support of Operation New |
|
Dawn; |
|
(14) the Texas Afghanistan Campaign Medal, which shall |
|
be awarded to a service member who was inducted into federal service |
|
from the Texas National Guard after October 6, 2001, in support of |
|
Operation Enduring Freedom, without regard to the place that the |
|
service member was deployed while serving on active federal |
|
military duty; and |
|
(15) the Cold War Medal, which, subject to Subsection |
|
(c), shall be awarded to a member of the military forces of this |
|
state or the United States who: |
|
(A) served between September 2, 1945, and |
|
December 26, 1991; and |
|
(B) was a resident of this state at the time the |
|
service member entered military service. |
|
SECTION 8.008. Section 511.009(a), Government Code, as |
|
amended by Chapters 281 (H.B. 875), 648 (H.B. 549), and 688 (H.B. |
|
634), Acts of the 84th Legislature, Regular Session, 2015, is |
|
reenacted and amended 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; |
|
(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; [and] |
|
(20) adopt reasonable rules and procedures |
|
establishing minimum standards for prisoner visitation that |
|
provide each prisoner at a county jail with a minimum of two |
|
in-person, noncontact visitation periods per week of at least 20 |
|
minutes duration each; |
|
(21) [(20)] require the sheriff of each county to: |
|
(A) investigate and verify the veteran status of |
|
each prisoner by using data made available from the Veterans |
|
Reentry Search Service (VRSS) operated by the United States |
|
Department of Veterans Affairs or a similar service; and |
|
(B) use the data described by Paragraph (A) to |
|
assist prisoners who are veterans in applying for federal benefits |
|
or compensation for which the prisoners may be eligible under a |
|
program administered by the United States Department of Veterans |
|
Affairs; and |
|
(22) [(20)] adopt reasonable rules and procedures |
|
regarding visitation of a prisoner at a county jail by a guardian, |
|
as defined by Section 1002.012, Estates Code, that: |
|
(A) allow visitation by a guardian to the same |
|
extent as the prisoner's next of kin, including placing the |
|
guardian on the prisoner's approved visitors list on the guardian's |
|
request and providing the guardian access to the prisoner during a |
|
facility's standard visitation hours if the prisoner is otherwise |
|
eligible to receive visitors; and |
|
(B) require the guardian to provide the sheriff |
|
with letters of guardianship issued as provided by Section |
|
1106.001, Estates Code, before being allowed to visit the prisoner. |
|
SECTION 8.009. Section 531.012(a), Government Code, as |
|
amended by Chapters 837 (S.B. 200) and 946 (S.B. 277), Acts of the |
|
84th Legislature, Regular Session, 2015, is reenacted to read as |
|
follows: |
|
(a) The executive commissioner shall establish and maintain |
|
advisory committees to consider issues and solicit public input |
|
across all major areas of the health and human services system which |
|
may be from various geographic areas across the state, which may be |
|
done either in person or through teleconferencing centers, |
|
including relating to the following issues: |
|
(1) Medicaid and other social services programs; |
|
(2) managed care under Medicaid and the child health |
|
plan program; |
|
(3) health care quality initiatives; |
|
(4) aging; |
|
(5) persons with disabilities, including persons with |
|
autism; |
|
(6) rehabilitation, including for persons with brain |
|
injuries; |
|
(7) children; |
|
(8) public health; |
|
(9) behavioral health; |
|
(10) regulatory matters; |
|
(11) protective services; and |
|
(12) prevention efforts. |
|
SECTION 8.010. Section 531.02112(c), Government Code, as |
|
amended by Chapter 1203 (S.B. 1455), Acts of the 84th Legislature, |
|
Regular Session, 2015, is repealed to conform to the repeal of |
|
Section 531.02112, Government Code, by Chapter 837 (S.B. 200), Acts |
|
of the 84th Legislature, Regular Session, 2015. |
|
SECTION 8.011. Section 531.0736(g), Government Code, as |
|
added by Chapter 946 (S.B. 277), Acts of the 84th Legislature, |
|
Regular Session, 2015, is repealed as duplicative of Section |
|
531.0736(g), Government Code, as added by Chapter 837 (S.B. 200), |
|
Acts of the 84th Legislature, Regular Session, 2015. |
|
SECTION 8.012. Section 531.102(p), Government Code, as |
|
added by Chapter 837 (S.B. 200), Acts of the 84th Legislature, |
|
Regular Session, 2015, is repealed as duplicative of Section |
|
531.102(v), Government Code. |
|
SECTION 8.013. Section 533.00251(c), Government Code, as |
|
effective September 1, 2021, is amended to conform to Chapters 837 |
|
(S.B. 200) and 946 (S.B. 277), Acts of the 84th Legislature, Regular |
|
Session, 2015, to read as follows: |
|
(c) Subject to Section 533.0025 and notwithstanding any |
|
other law, the commission[, in consultation with the advisory
|
|
committee,] shall provide benefits under Medicaid to recipients who |
|
reside in nursing facilities through the STAR + PLUS Medicaid |
|
managed care program. In implementing this subsection, the |
|
commission shall ensure: |
|
(1) that a nursing facility is paid not later than the |
|
10th day after the date the facility submits a clean claim; |
|
(2) the appropriate utilization of services |
|
consistent with criteria established by the commission; |
|
(3) a reduction in the incidence of potentially |
|
preventable events and unnecessary institutionalizations; |
|
(4) that a managed care organization providing |
|
services under the managed care program provides discharge |
|
planning, transitional care, and other education programs to |
|
physicians and hospitals regarding all available long-term care |
|
settings; |
|
(5) that a managed care organization providing |
|
services under the managed care program: |
|
(A) assists in collecting applied income from |
|
recipients; and |
|
(B) provides payment incentives to nursing |
|
facility providers that reward reductions in preventable acute care |
|
costs and encourage transformative efforts in the delivery of |
|
nursing facility services, including efforts to promote a |
|
resident-centered care culture through facility design and |
|
services provided; |
|
(6) the establishment of a portal that is in |
|
compliance with state and federal regulations, including standard |
|
coding requirements, through which nursing facility providers |
|
participating in the STAR + PLUS Medicaid managed care program may |
|
submit claims to any participating managed care organization; |
|
(7) that rules and procedures relating to the |
|
certification and decertification of nursing facility beds under |
|
Medicaid are not affected; |
|
(8) that a managed care organization providing |
|
services under the managed care program, to the greatest extent |
|
possible, offers nursing facility providers access to: |
|
(A) acute care professionals; and |
|
(B) telemedicine, when feasible and in |
|
accordance with state law, including rules adopted by the Texas |
|
Medical Board; and |
|
(9) that the commission approves the staff rate |
|
enhancement methodology for the staff rate enhancement paid to a |
|
nursing facility that qualifies for the enhancement under the |
|
managed care program. |
|
SECTION 8.014. Section 2165.007(b), Government Code, as |
|
amended by Chapters 247 (S.B. 836) and 932 (H.B. 2206), Acts of the |
|
84th Legislature, Regular Session, 2015, is reenacted to read as |
|
follows: |
|
(b) Notwithstanding any other law, the commission shall |
|
provide facilities management services in relation to all state |
|
agency facilities in Travis County or a county adjacent to Travis |
|
County. The commission's duty does not apply to: |
|
(1) a facility owned or operated by an institution of |
|
higher education; |
|
(2) military facilities; |
|
(3) facilities owned or operated by the Texas |
|
Department of Criminal Justice; |
|
(4) facilities owned or operated by the Texas Juvenile |
|
Justice Department; |
|
(5) facilities owned or operated by the Texas |
|
Department of Transportation; |
|
(6) the Capitol, including the Capitol Extension, the |
|
General Land Office building, the Bob Bullock Texas State History |
|
Museum, any museum located on the Capitol grounds, the Governor's |
|
Mansion, and any property maintained by the Texas Historical |
|
Commission under Sections 442.0072 and 442.0073; |
|
(7) a facility determined by the commission to be |
|
completely residential; |
|
(8) a regional or field office of a state agency; |
|
(9) a facility located within or on state park |
|
property; |
|
(10) the property known as the Finance Commission |
|
Building described by deed recorded in Volume 5080, Page 1099, of |
|
the Deed Records of Travis County, Texas; |
|
(11) the property known as the Credit Union Department |
|
Building described by deed recorded in Volume 6126, Page 27, of the |
|
Deed Records of Travis County, Texas; or |
|
(12) the property known as the Texas State Cemetery |
|
described as 17.376 acres located at 801 Comal, Lot 5, Division B, |
|
City of Austin, Travis County, Texas. |
|
SECTION 8.015. Section 2256.008(a), Government Code, as |
|
amended by Chapters 222 (H.B. 1148) and 1248 (H.B. 870), Acts of the |
|
84th Legislature, Regular Session, 2015, is reenacted and amended |
|
to read as follows: |
|
(a) Except as provided by Subsections (a-1), (b), [and] (e), |
|
and (f), the treasurer, the chief financial officer if the |
|
treasurer is not the chief financial officer, and the investment |
|
officer of a local government shall: |
|
(1) attend at least one training session from an |
|
independent source approved by the governing body of the local |
|
government or a designated investment committee advising the |
|
investment officer as provided for in the investment policy of the |
|
local government and containing at least 10 hours of instruction |
|
relating to the treasurer's or officer's responsibilities under |
|
this subchapter within 12 months after taking office or assuming |
|
duties; and |
|
(2) [except as provided by Subsections (b), (e), and
|
|
(f),] attend an investment training session not less than once in a |
|
two-year period that begins on the first day of that local |
|
government's fiscal year and consists of the two consecutive fiscal |
|
years after that date, and receive not less than 10 hours of |
|
instruction relating to investment responsibilities under this |
|
subchapter from an independent source approved by the governing |
|
body of the local government or a designated investment committee |
|
advising the investment officer as provided for in the investment |
|
policy of the local government. |
|
SECTION 8.016. Section 2306.6725(a), Government Code, as |
|
amended by Chapters 954 (S.B. 1316) and 1111 (H.B. 3311), Acts of |
|
the 84th Legislature, Regular Session, 2015, is reenacted to read |
|
as follows: |
|
(a) In allocating low income housing tax credits, the |
|
department shall score each application using a point system based |
|
on criteria adopted by the department that are consistent with the |
|
department's housing goals, including criteria addressing the |
|
ability of the proposed project to: |
|
(1) provide quality social support services to |
|
residents; |
|
(2) demonstrate community and neighborhood support as |
|
defined by the qualified allocation plan; |
|
(3) consistent with sound underwriting practices and |
|
when economically feasible, serve individuals and families of |
|
extremely low income by leveraging private and state and federal |
|
resources, including federal HOPE VI grants received through the |
|
United States Department of Housing and Urban Development; |
|
(4) serve traditionally underserved areas; |
|
(5) demonstrate support from local political |
|
subdivisions based on the subdivisions' commitment of development |
|
funding; |
|
(6) rehabilitate or perform an adaptive reuse of a |
|
certified historic structure, as defined by Section 171.901(1), Tax |
|
Code, as part of the development; |
|
(7) remain affordable to qualified tenants for an |
|
extended, economically feasible period; and |
|
(8) comply with the accessibility standards that are |
|
required under Section 504, Rehabilitation Act of 1973 (29 U.S.C. |
|
Section 794), and specified under 24 C.F.R. Part 8, Subpart C. |
|
PART B. UPDATE OF COURT FEES AND COSTS |
|
SECTION 8.101. Section 101.021, Government Code, is amended |
|
to conform to Chapter 1182 (S.B. 1139), Acts of the 84th |
|
Legislature, Regular Session, 2015, to read as follows: |
|
Sec. 101.021. SUPREME COURT FEES AND COSTS: GOVERNMENT |
|
CODE. The clerk of the supreme court shall collect fees and costs |
|
as follows: |
|
(1) application for petition for review (Sec. 51.005, |
|
Government Code) . . . $50; |
|
(2) additional fee if application for petition for |
|
review is granted (Sec. 51.005, Government Code) . . . $75; |
|
(3) motion for leave to file petition for writ of |
|
mandamus, prohibition, injunction, and other similar proceedings |
|
originating in the supreme court (Sec. 51.005, Government Code) |
|
. . . $50; |
|
(4) additional fee if a motion under Subdivision (3) |
|
is granted (Sec. 51.005, Government Code) . . . $75; |
|
(5) certified question from a federal court of appeals |
|
to the supreme court (Sec. 51.005, Government Code) . . . $75; |
|
(6) case appealed to the supreme court from the |
|
district court by direct appeal (Sec. 51.005, Government Code) |
|
. . . $100; |
|
(7) any other proceeding filed in the supreme court |
|
(Sec. 51.005, Government Code) . . . $75; |
|
(8) administering an oath and giving a sealed |
|
certificate of the oath (Sec. 51.005, Government Code) . . . $5; |
|
(9) making certain copies, including certificate and |
|
seal (Sec. 51.005, Government Code) . . . $5, or $0.50 per page if |
|
more than 10 pages; |
|
(10) any official service performed by the clerk for |
|
which a fee is not otherwise provided (Sec. 51.005, Government |
|
Code) . . . reasonable amount set by order or rule of supreme court; |
|
(10-a) supreme court support account filing fee (Sec. |
|
51.0051, Government Code) . . . amount set by the supreme court, |
|
not to exceed $50; |
|
(11) issuance of attorney's license or certificate |
|
(Sec. 51.006, Government Code) . . . $10; |
|
(12) additional filing fee to fund civil legal |
|
services for the indigent (Sec. 51.941, Government Code) . . . $25; |
|
and |
|
(13) statewide electronic filing system fund fee (Sec. |
|
51.851, Government Code) . . . $30 [$20]. |
|
SECTION 8.102. Section 101.041, Government Code, is amended |
|
to conform to Chapter 1182 (S.B. 1139), Acts of the 84th |
|
Legislature, Regular Session, 2015, to read as follows: |
|
Sec. 101.041. COURT OF APPEALS FEES AND COSTS: GOVERNMENT |
|
CODE. The clerk of a court of appeals shall collect fees and costs |
|
as follows: |
|
(1) for cases appealed to and filed in the court of |
|
appeals from the district and county courts within its court of |
|
appeals district (Sec. 51.207, Government Code) . . . $100; |
|
(2) motion for leave to file petition for writ of |
|
mandamus, prohibition, injunction, and other similar proceedings |
|
originating in the court of appeals (Sec. 51.207, Government Code) |
|
. . . $50; |
|
(3) additional fee if the motion under Subdivision (2) |
|
is granted (Sec. 51.207, Government Code) . . . $75; |
|
(4) motion to file or to extend time to file record on |
|
appeal from district or county court (Sec. 51.207, Government Code) |
|
. . . $10; |
|
(5) administering an oath and giving a sealed |
|
certificate of oath (Sec. 51.207, Government Code) . . . $5; |
|
(6) certified copy of papers of record in court |
|
offices, including certificate and seal (Sec. 51.207, Government |
|
Code) . . . $5, or $1 per page if more than five pages; |
|
(7) comparing any document with the original filed in |
|
the offices of the court for purposes of certification (Sec. |
|
51.207, Government Code) . . . $5, or $1 per page if more than five |
|
pages; |
|
(8) any official service performed by the clerk for |
|
which a fee is not otherwise provided (Sec. 51.207, Government |
|
Code) . . . a reasonable fee set by the order or rule of the supreme |
|
court; |
|
(8-a) supreme court support account filing fee (Sec. |
|
51.208, Government Code) . . . amount set by the supreme court, not |
|
to exceed $50; |
|
(9) additional filing fee to fund civil legal services |
|
for the indigent (Sec. 51.941, Government Code) . . . $25; and |
|
(10) statewide electronic filing system fund fee (Sec. |
|
51.851, Government Code) . . . $30 [$20]. |
|
SECTION 8.103. (a) Section 101.0611, Government Code, as |
|
amended by Section 1.03, Chapter 927 (H.B. 1513), Acts of the 83rd |
|
Legislature, Regular Session, 2013, is amended to conform to |
|
Chapters 654 (H.B. 2182) and 1182 (S.B. 1139), Acts of the 84th |
|
Legislature, Regular Session, 2015, and is further 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) . . . $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; |
|
(E-3) Eighth Court of Appeals District (Sec. |
|
22.2091, 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; |
|
(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; |
|
(D) to fund the preservation of court records |
|
(Sec. 51.708, Government Code) . . . not more than $10; |
|
(E) to fund the construction, renovation, or |
|
improvement of Rockwall County court facilities, if authorized by |
|
the county commissioners court (Sec. 51.709, Government Code) . . . |
|
not more than $15; [and] |
|
(F) to fund the construction, renovation, or |
|
improvement of Travis County court facilities, if authorized by the |
|
county commissioners court (Sec. 51.710, Government Code) . . . not |
|
more than $15; |
|
(G) to fund the construction, renovation, or |
|
improvement of Hidalgo County court facilities, if authorized by |
|
the county commissioners court (Sec. 51.711, Government Code) . . . |
|
not more than $20; and |
|
(H) to fund the construction, renovation, or |
|
improvement of Cameron County court facilities, if authorized by |
|
the county commissioners court (Sec. 51.711, Government Code) . . . |
|
not more than $20; |
|
(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 $10; |
|
(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) . . . not to exceed |
|
$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; |
|
and |
|
(E) related to a matter filed in a statutory |
|
county court (Sec. 51.319, Government Code) . . . the same fees |
|
allowed the district clerk for those services in the district |
|
court; |
|
(17) jury fee (Sec. 51.604, Government Code) . . . $40 |
|
[$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 appointed |
|
under Subchapter B, Chapter 54A, Government Code, a court cost to |
|
preserve the record, in the absence of a court reporter, by any |
|
means approved by the associate judge (Sec. 54A.110, Government |
|
Code) . . . as assessed by the referring court or associate judge; |
|
and |
|
(20) statewide electronic filing system fund fee (Sec. |
|
51.851, Government Code) . . . $30 [$20]. |
|
(b) Section 101.0611, Government Code, as amended by |
|
Section 2.03, Chapter 927 (H.B. 1513), Acts of the 83rd |
|
Legislature, Regular Session, 2013, effective September 1, 2019, is |
|
amended to conform to Chapters 654 (H.B. 2182) and 1182 (S.B. 1139), |
|
Acts of the 84th Legislature, Regular Session, 2015, and is further |
|
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) . . . $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; |
|
(E-3) Eighth Court of Appeals District (Sec. |
|
22.2091, 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; |
|
(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; |
|
(D) to fund the preservation of court records |
|
(Sec. 51.708, Government Code) . . . not more than $10; |
|
(E) to fund the construction, renovation, or |
|
improvement of Rockwall County court facilities, if authorized by |
|
the county commissioners court (Sec. 51.709, Government Code) . . . |
|
not more than $15; [and] |
|
(F) to fund the construction, renovation, or |
|
improvement of Travis County court facilities, if authorized by the |
|
county commissioners court (Sec. 51.710, Government Code) . . . not |
|
more than $15; |
|
(G) to fund the construction, renovation, or |
|
improvement of Hidalgo County court facilities, if authorized by |
|
the county commissioners court (Sec. 51.711, Government Code) . . . |
|
not more than $20; and |
|
(H) to fund the construction, renovation, or |
|
improvement of Cameron County court facilities, if authorized by |
|
the county commissioners court (Sec. 51.711, Government Code) . . . |
|
not more than $20; |
|
(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) . . . not to exceed |
|
$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; |
|
and |
|
(E) related to a matter filed in a statutory |
|
county court (Sec. 51.319, Government Code) . . . the same fees |
|
allowed the district clerk for those services in the district |
|
court; |
|
(17) jury fee (Sec. 51.604, Government Code) . . . $40 |
|
[$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 appointed |
|
under Subchapter B, Chapter 54A, Government Code, a court cost to |
|
preserve the record, in the absence of a court reporter, by any |
|
means approved by the associate judge (Sec. 54A.110, Government |
|
Code) . . . as assessed by the referring court or associate judge; |
|
and |
|
(20) statewide electronic filing system fund fee (Sec. |
|
51.851, Government Code) . . . $30 [$20]. |
|
(c) Section 101.061192, Government Code, is repealed. |
|
SECTION 8.104. Section 101.0616, Government Code, is |
|
amended to conform to Chapter 1031 (H.B. 1438), Acts of the 84th |
|
Legislature, Regular Session, 2015, to read as follows: |
|
Sec. 101.0616. DISTRICT COURT FEES AND COSTS: ESTATES |
|
CODE. The clerk of a district court shall collect fees and costs |
|
under the Estates Code as follows: |
|
(1) security deposit on filing, by any person other |
|
than the personal representative of an estate, an application, |
|
complaint, or opposition in relation to the estate, if required by |
|
the clerk (Sec. 53.052, Estates Code) . . . probable cost of the |
|
proceeding; |
|
(2) [fee on filing an application, complaint,
|
|
petition, or other paper in a guardianship proceeding, which
|
|
includes a deposit for payment to an attorney ad litem (Sec.
|
|
1052.051, Estates Code) .
.
. cost of filing and payment of
|
|
attorney ad litem;
|
|
[(3)] security deposit on filing, by any person other |
|
than the guardian, attorney ad litem, or guardian ad litem, an |
|
application, complaint, or opposition in relation to a guardianship |
|
matter, if required by the clerk (Sec. 1053.052, Estates Code) |
|
. . . probable cost of the guardianship proceeding; |
|
(3) [(4)] nonrefundable fee to cover the cost of |
|
administering Subchapter G, Chapter 1104, Estates Code (Sec. |
|
1104.303, Estates Code) . . . $40; and |
|
(4) [(5)] costs for attorney ad litem appointed to |
|
pursue the restoration of a ward's capacity or modification of the |
|
ward's guardianship (Sec. 1202.102, Estates Code) . . . reasonable |
|
compensation. |
|
SECTION 8.105. (a) Section 101.0811, Government Code, is |
|
amended to conform to Chapters 654 (H.B. 2182) and 1182 (S.B. 1139), |
|
Acts of the 84th Legislature, Regular Session, 2015, 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) . . . $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; |
|
(E-3) Eighth Court of Appeals District (Sec. |
|
22.2091, 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 the 1st Multicounty Court at Law (Sec. |
|
25.2702, Government Code) . . . $25; |
|
(6) jury fee (Sec. 51.604, Government Code) . . . $40 |
|
[$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; |
|
(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; |
|
(D) to fund the preservation of court records |
|
(Sec. 51.708, Government Code) . . . not more than $10; |
|
(E) to fund the construction, renovation, or |
|
improvement of Rockwall County court facilities, if authorized by |
|
the county commissioners court (Sec. 51.709, Government Code) . . . |
|
not more than $15; [and] |
|
(F) to fund the construction, renovation, or |
|
improvement of Travis County court facilities, if authorized by the |
|
county commissioners court (Sec. 51.710, Government Code) . . . not |
|
more than $15; |
|
(G) to fund the construction, renovation, or |
|
improvement of Hidalgo County court facilities, if authorized by |
|
the county commissioners court (Sec. 51.711, Government Code) . . . |
|
not more than $20; and |
|
(H) to fund the construction, renovation, or |
|
improvement of Cameron County court facilities, if authorized by |
|
the county commissioners court (Sec. 51.711, Government Code) . . . |
|
not more than $20; |
|
(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 Nos. 3, 4, 5, 6, |
|
7, 8, 9, 10, 11, 12, 13, 14, and 15 (Sec. 25.0172, Government Code) |
|
. . . taxed in the same manner as the fee is taxed in district |
|
court; |
|
(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 Harris County (Sec. 25.1032, Government |
|
Code) . . . taxed in the same manner as the fee is taxed in civil |
|
cases in the district courts; and |
|
(D) 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) 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; |
|
(10) 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; |
|
(11) at a hearing held by an associate judge appointed |
|
under Subchapter B, Chapter 54A, Government Code, a court cost to |
|
preserve the record, in the absence of a court reporter, by any |
|
means approved by the associate judge (Sec. 54A.110, Government |
|
Code) . . . as assessed by the referring court or associate judge; |
|
and |
|
(12) statewide electronic filing system fund fee (Sec. |
|
51.851, Government Code) . . . $30 [$20]. |
|
(b) Section 101.081191, Government Code, is repealed. |
|
SECTION 8.106. Section 101.0814, Government Code, is |
|
amended to conform to Chapter 654 (H.B. 2182), Acts of the 84th |
|
Legislature, Regular Session, 2015, to read as follows: |
|
Sec. 101.0814. STATUTORY COUNTY COURT FEES AND COSTS: |
|
LOCAL GOVERNMENT CODE. The clerk of a statutory county court shall |
|
collect fees and costs under the Local Government Code as follows: |
|
(1) additional filing fee to fund contingency fund for |
|
liability insurance, if authorized by the county commissioners |
|
court (Sec. 82.003, Local Government Code) . . . not to exceed $5; |
|
(2) civil court actions (Sec. 118.052, Local |
|
Government Code): |
|
(A) filing of original action (Secs. 118.052 and |
|
118.053, Local Government Code): |
|
(i) garnishment after judgment (Sec. |
|
118.052, Local Government Code) . . . $15; and |
|
(ii) all others (Sec. 118.052, Local |
|
Government Code) . . . $40; |
|
(B) filing of action other than original (Secs. |
|
118.052 and 118.054, Local Government Code) . . . $30; and |
|
(C) services rendered after judgment in original |
|
action (Secs. 118.052 and 118.0545, Local Government Code): |
|
(i) abstract of judgment (Sec. 118.052, |
|
Local Government Code) . . . $5; and |
|
(ii) execution, order of sale, writ, or |
|
other process (Sec. 118.052, Local Government Code) . . . $5; |
|
(3) probate court actions (Sec. 118.052, Local |
|
Government Code): |
|
(A) probate original action (Secs. 118.052 and |
|
118.055, Local Government Code): |
|
(i) probate of a will with independent |
|
executor, administration with will attached, administration of an |
|
estate, guardianship or receivership of an estate, or muniment of |
|
title (Sec. 118.052, Local Government Code) . . . $40; |
|
(ii) community survivors (Sec. 118.052, |
|
Local Government Code) . . . $40; |
|
(iii) small estates (Sec. 118.052, Local |
|
Government Code) . . . $40; |
|
(iv) declarations of heirship (Sec. |
|
118.052, Local Government Code) . . . $40; |
|
(v) mental health or chemical dependency |
|
services (Sec. 118.052, Local Government Code) . . . $40; and |
|
(vi) additional, special fee (Secs. 118.052 |
|
and 118.064, Local Government Code) . . . $5; |
|
(B) services in pending probate action (Secs. |
|
118.052 and 118.056, Local Government Code): |
|
(i) filing an inventory and appraisement |
|
(Secs. 118.052 and 118.056(d), Local Government Code) . . . $25; |
|
(ii) approving and recording bond (Sec. |
|
118.052, Local Government Code) . . . $3; |
|
(iii) administering oath (Sec. 118.052, |
|
Local Government Code) . . . $2; |
|
(iv) filing annual or final account of |
|
estate (Sec. 118.052, Local Government Code) . . . $25; |
|
(v) filing application for sale of real or |
|
personal property (Sec. 118.052, Local Government Code) . . . $25; |
|
(vi) filing annual or final report of |
|
guardian of a person (Sec. 118.052, Local Government Code) . . . |
|
$10; and |
|
(vii) filing a document not listed under |
|
this paragraph after the filing of an order approving the inventory |
|
and appraisement or after the 120th day after the date of the |
|
initial filing of the action, whichever occurs first (Secs. 118.052 |
|
and 191.007, Local Government Code), if more than 25 pages . . . |
|
$25; |
|
(C) adverse probate action (Secs. 118.052 and |
|
118.057, Local Government Code) . . . $40; |
|
(D) claim against estate (Secs. 118.052 and |
|
118.058, Local Government Code) . . . $10 [$2]; |
|
(E) supplemental court-initiated guardianship |
|
fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20; |
|
and |
|
(F) supplemental public probate administrator |
|
fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10; |
|
(4) other fees (Sec. 118.052, Local Government Code): |
|
(A) issuing document (Secs. 118.052 and 118.059, |
|
Local Government Code): |
|
(i) original document and one copy (Sec. |
|
118.052, Local Government Code) . . . $4; and |
|
(ii) each additional set of an original and |
|
one copy (Sec. 118.052, Local Government Code) . . . $4; |
|
(B) certified papers (Secs. 118.052 and 118.060, |
|
Local Government Code): |
|
(i) for the clerk's certificate (Sec. |
|
118.052, Local Government Code) . . . $5; and |
|
(ii) a fee per page or part of a page (Sec. |
|
118.052, Local Government Code) . . . $1; |
|
(C) noncertified papers, for each page or part of |
|
a page (Secs. 118.052 and 118.0605, Local Government Code) . . . |
|
$1; |
|
(D) letters testamentary, letter of |
|
guardianship, letter of administration, or abstract of judgment |
|
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; |
|
(E) safekeeping of wills (Secs. 118.052 and |
|
118.062, Local Government Code) . . . $5; |
|
(F) mail service of process (Secs. 118.052 and |
|
118.063, Local Government Code) . . . same as sheriff; and |
|
(G) records management and preservation fee |
|
(Secs. 118.052, 118.0546, and 118.0645, Local Government Code) |
|
. . . $5; |
|
(5) additional filing fee for filing any civil action |
|
or proceeding requiring a filing fee, including an appeal, and on |
|
the filing of any counterclaim, cross-action, intervention, |
|
interpleader, or third-party action requiring a filing fee, to fund |
|
civil legal services for the indigent (Sec. 133.153, Local |
|
Government Code) . . . $10; |
|
(6) on the filing of a civil suit, an additional filing |
|
fee to be used for court-related purposes for the support of the |
|
judiciary (Sec. 133.154, Local Government Code) . . . $42; |
|
(7) additional filing fee to fund the courthouse |
|
security fund, if authorized by the county commissioners court |
|
(Sec. 291.008, Local Government Code) . . . not to exceed $5; |
|
(8) additional filing fee for filing documents not |
|
subject to certain filing fees to fund the courthouse security |
|
fund, if authorized by the county commissioners court (Sec. |
|
291.008, Local Government Code) . . . $1; |
|
(9) additional filing fee to fund the courthouse |
|
security fund in Webb County, if authorized by the county |
|
commissioners court (Sec. 291.009, Local Government Code) . . . not |
|
to exceed $20; and |
|
(10) court cost in civil cases other than suits for |
|
delinquent taxes to fund the county law library fund, if authorized |
|
by the county commissioners court (Sec. 323.023, Local Government |
|
Code) . . . not to exceed $35. |
|
SECTION 8.107. Section 101.0815, Government Code, is |
|
amended to conform to Chapter 1031 (H.B. 1438), Acts of the 84th |
|
Legislature, Regular Session, 2015, to read as follows: |
|
Sec. 101.0815. STATUTORY COUNTY COURT FEES AND COSTS: |
|
ESTATES CODE. The clerk of a statutory county court shall collect |
|
fees and costs under the Estates Code as follows: |
|
(1) fee for deposit of a will with the county clerk |
|
during testator's lifetime (Sec. 252.001, Estates Code) . . . $5; |
|
(2) security deposit on filing, by any person other |
|
than the personal representative of an estate, an application, |
|
complaint, or opposition in relation to the estate, if required by |
|
the clerk (Sec. 53.052, Estates Code) . . . probable cost of the |
|
proceeding; |
|
(3) [fee on filing an application, complaint,
|
|
petition, or other paper in a guardianship proceeding, which
|
|
includes a deposit for payment to an attorney ad litem (Sec.
|
|
1052.051, Estates Code) .
.
. cost of filing and payment of
|
|
attorney ad litem;
|
|
[(4)] security deposit on filing, by any person other |
|
than the guardian, attorney ad litem, or guardian ad litem, an |
|
application, complaint, or opposition in relation to a guardianship |
|
matter, if required by the clerk (Sec. 1053.052, Estates Code) |
|
. . . probable cost of the guardianship proceeding; |
|
(4) [(5)] nonrefundable fee to cover the cost of |
|
administering Subchapter G, Chapter 1104, Estates Code (Sec. |
|
1104.303, Estates Code) . . . $40; and |
|
(5) [(6)] costs for attorney ad litem appointed to |
|
pursue the restoration of a ward's capacity or modification of the |
|
ward's guardianship (Sec. 1202.102, Estates Code) . . . reasonable |
|
compensation. |
|
SECTION 8.108. (a) Section 101.1011, Government Code, is |
|
amended to conform to Chapters 654 (H.B. 2182) and 1182 (S.B. 1139), |
|
Acts of the 84th Legislature, Regular Session, 2015, and is further |
|
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) . . . $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; |
|
(E-3) Eighth Court of Appeals District (Sec. |
|
22.2091, 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; |
|
(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; |
|
(D) to fund the construction, renovation, or |
|
improvement of Rockwall County court facilities, if authorized by |
|
the county commissioners court (Sec. 51.709, Government Code) . . . |
|
not more than $15; [and] |
|
(E) to fund the construction, renovation, or |
|
improvement of Travis County court facilities, if authorized by the |
|
county commissioners court (Sec. 51.710, Government Code) . . . not |
|
more than $15; and |
|
(F) to fund the construction, renovation, or |
|
improvement of Hidalgo County court facilities, if authorized by |
|
the county commissioners court (Sec. 51.711, Government Code) . . . |
|
not more than $20; |
|
(3) jury fee for civil case (Sec. 51.604, Government |
|
Code) . . . $40 [$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. 54A.211, Government Code) . . . actual cost; |
|
(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; and |
|
(6) statewide electronic filing system fund fee (Sec. |
|
51.851, Government Code) . . . $30 [$20]. |
|
(b) Section 101.10119, Government Code, is repealed. |
|
SECTION 8.109. Section 101.1013, Government Code, is |
|
amended to conform to Chapter 654 (H.B. 2182), Acts of the 84th |
|
Legislature, Regular Session, 2015, to read as follows: |
|
Sec. 101.1013. STATUTORY PROBATE COURT FEES AND COSTS: |
|
LOCAL GOVERNMENT CODE. The clerk of a statutory probate court shall |
|
collect fees and costs under the Local Government Code as follows: |
|
(1) additional filing fee for filing any civil action |
|
or proceeding requiring a filing fee, including an appeal, and on |
|
the filing of any counterclaim, cross-action, intervention, |
|
interpleader, or third-party action requiring a filing fee to fund |
|
civil legal services for the indigent (Sec. 133.153, Local |
|
Government Code) . . . $10; |
|
(2) additional filing fee to fund contingency fund for |
|
liability insurance, if authorized by the county commissioners |
|
court (Sec. 82.003, Local Government Code) . . . not to exceed $5; |
|
(3) probate court actions (Sec. 118.052, Local |
|
Government Code): |
|
(A) probate original action (Secs. 118.052 and |
|
118.055, Local Government Code): |
|
(i) probate of a will with independent |
|
executor, administration with will attached, administration of an |
|
estate, guardianship or receivership of an estate, or muniment of |
|
title (Sec. 118.052, Local Government Code) . . . $40; |
|
(ii) community survivors (Sec. 118.052, |
|
Local Government Code) . . . $40; |
|
(iii) small estates (Sec. 118.052, Local |
|
Government Code) . . . $40; |
|
(iv) declarations of heirship (Sec. |
|
118.052, Local Government Code) . . . $40; |
|
(v) mental health or chemical dependency |
|
services (Sec. 118.052, Local Government Code) . . . $40; and |
|
(vi) additional, special fee (Secs. 118.052 |
|
and 118.064, Local Government Code) . . . $5; |
|
(B) services in pending probate action (Secs. |
|
118.052 and 118.056, Local Government Code): |
|
(i) filing an inventory and appraisement |
|
(Secs. 118.052 and 118.056(d), Local Government Code) . . . $25; |
|
(ii) approving and recording bond (Sec. |
|
118.052, Local Government Code) . . . $3; |
|
(iii) administering oath (Sec. 118.052, |
|
Local Government Code) . . . $2; |
|
(iv) filing annual or final account of |
|
estate (Sec. 118.052, Local Government Code). . . $25; |
|
(v) filing application for sale of real or |
|
personal property (Sec. 118.052, Local Government Code) . . . $25; |
|
(vi) filing annual or final report of |
|
guardian of a person (Sec. 118.052, Local Government Code) . . . |
|
$10; and |
|
(vii) filing a document not listed under |
|
this paragraph after the filing of an order approving the inventory |
|
and appraisement or after the 120th day after the date of the |
|
initial filing of the action, whichever occurs first (Secs. 118.052 |
|
and 191.007, Local Government Code), if more than 25 pages . . . |
|
$25; |
|
(C) adverse probate action (Secs. 118.052 and |
|
118.057, Local Government Code) . . . $40; |
|
(D) claim against estate (Secs. 118.052 and |
|
118.058, Local Government Code) . . . $10 [$2]; |
|
(E) supplemental court-initiated guardianship |
|
fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20; |
|
and |
|
(F) supplemental public probate administrator |
|
fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10; |
|
(4) other fees (Sec. 118.052, Local Government Code): |
|
(A) issuing document (Secs. 118.052 and 118.059, |
|
Local Government Code): |
|
(i) original document and one copy (Sec. |
|
118.052, Local Government Code) . . . $4; and |
|
(ii) each additional set of an original and |
|
one copy (Sec. 118.052, Local Government Code) . . . $4; |
|
(B) certified papers (Secs. 118.052 and 118.060, |
|
Local Government Code): |
|
(i) for the clerk's certificate (Sec. |
|
118.052, Local Government Code) . . . $5; and |
|
(ii) a fee per page or part of a page (Sec. |
|
118.052, Local Government Code) . . . $1; |
|
(C) noncertified papers, for each page or part of |
|
a page (Secs. 118.052 and 118.0605, Local Government Code) . . . |
|
$1; |
|
(D) letters testamentary, letter of |
|
guardianship, letter of administration, or abstract of judgment |
|
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; |
|
(E) safekeeping of wills (Secs. 118.052 and |
|
118.062, Local Government Code) . . . $5; |
|
(F) mail service of process (Secs. 118.052 and |
|
118.063, Local Government Code) . . . same as sheriff; and |
|
(G) records management and preservation fee |
|
(Secs. 118.052 and 118.0645, Local Government Code) . . . $5; and |
|
(5) court cost in civil cases other than suits for |
|
delinquent taxes to fund the county law library fund, if authorized |
|
by the county commissioners court (Sec. 323.023, Local Government |
|
Code) . . . not to exceed $35. |
|
SECTION 8.110. Section 101.1014, Government Code, is |
|
amended to conform to Chapter 1031 (H.B. 1438), Acts of the 84th |
|
Legislature, Regular Session, 2015, to read as follows: |
|
Sec. 101.1014. STATUTORY PROBATE COURT FEES AND COSTS: |
|
ESTATES CODE. The clerk of a statutory probate court shall collect |
|
fees and costs under the Estates Code as follows: |
|
(1) fee for deposit of a will with the county clerk |
|
during testator's lifetime (Sec. 252.001, Estates Code) . . . $5; |
|
(2) security deposit on filing, by any person other |
|
than the personal representative of an estate, an application, |
|
complaint, or opposition in relation to the estate, if required by |
|
the clerk (Sec. 53.052, Estates Code) . . . probable cost of the |
|
proceeding; |
|
(3) [fee on filing an application, complaint,
|
|
petition, or other paper in a guardianship proceeding, which
|
|
includes a deposit for payment to an attorney ad litem (Sec.
|
|
1052.051, Estates Code) .
.
. cost of filing and payment of
|
|
attorney ad litem;
|
|
[(4)] security deposit on filing, by any person other |
|
than the guardian, attorney ad litem, or guardian ad litem, an |
|
application, complaint, or opposition in relation to a guardianship |
|
matter, if required by the clerk (Sec. 1053.052, Estates Code) |
|
. . . probable cost of the guardianship proceeding; |
|
(4) [(5)] nonrefundable fee to cover the cost of |
|
administering Subchapter G, Chapter 1104, Estates Code (Sec. |
|
1104.303, Estates Code) . . . $40; and |
|
(5) [(6)] costs for attorney ad litem appointed to |
|
pursue the restoration of a ward's capacity or modification of the |
|
ward's guardianship (Sec. 1202.102, Estates Code) . . . reasonable |
|
compensation. |
|
SECTION 8.111. Section 101.121, Government Code, is amended |
|
to conform to Chapter 763 (S.B. 1035), Acts of the 83rd Legislature, |
|
Regular Session, 2013, to read as follows: |
|
Sec. 101.121. COUNTY COURT FEES AND COSTS: ALCOHOLIC |
|
BEVERAGE CODE. The clerk of a county court shall collect a fee of |
|
$25 [$5] under Section 61.31, Alcoholic Beverage Code, for hearing |
|
on application for a license to manufacture, distribute, store, or |
|
sell beer. |
|
SECTION 8.112. Section 101.1212, Government Code, is |
|
amended to conform to Chapters 654 (H.B. 2182) and 1182 (S.B. 1139), |
|
Acts of the 84th Legislature, Regular Session, 2015, 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) . . . $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; |
|
(E-3) Eighth Court of Appeals District (Sec. |
|
22.2091, 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) . . . |
|
$40 [$22]; |
|
(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; |
|
(4) a filing fee to fund the preservation of court |
|
records (Sec. 51.708, Government Code) . . . not more than $10; and |
|
(5) a statewide electronic filing system fund fee |
|
(Sec. 51.851, Government Code) . . . $30 [$20]. |
|
SECTION 8.113. Section 101.1214, Government Code, is |
|
amended to conform to Chapter 654 (H.B. 2182), Acts of the 84th |
|
Legislature, Regular Session, 2015, to read as follows: |
|
Sec. 101.1214. COUNTY COURT FEES AND COSTS: LOCAL |
|
GOVERNMENT CODE. The clerk of a county court shall collect the |
|
following fees and costs under the Local Government Code: |
|
(1) additional filing fee to fund contingency fund for |
|
liability insurance, if authorized by the county commissioners |
|
court (Sec. 82.003, Local Government Code) . . . not to exceed $5; |
|
(2) civil court actions (Sec. 118.052, Local |
|
Government Code): |
|
(A) filing of original action (Secs. 118.052 and |
|
118.053, Local Government Code): |
|
(i) garnishment after judgment (Sec. |
|
118.052, Local Government Code) . . . $15; and |
|
(ii) all others (Sec. 118.052, Local |
|
Government Code) . . . $40; |
|
(B) filing of action other than original (Secs. |
|
118.052 and 118.054, Local Government Code) . . . $30; and |
|
(C) services rendered after judgment in original |
|
action (Secs. 118.052 and 118.0545, Local Government Code): |
|
(i) abstract of judgment (Sec. 118.052, |
|
Local Government Code) . . . $5; and |
|
(ii) execution, order of sale, writ, or |
|
other process (Sec. 118.052, Local Government Code) . . . $5; |
|
(3) probate court actions (Sec. 118.052, Local |
|
Government Code): |
|
(A) probate original action (Secs. 118.052 and |
|
118.055, Local Government Code): |
|
(i) probate of a will with independent |
|
executor, administration with will attached, administration of an |
|
estate, guardianship or receivership of an estate, or muniment of |
|
title (Sec. 118.052, Local Government Code) . . . $40; |
|
(ii) community survivors (Sec. 118.052, |
|
Local Government Code) . . . $40; |
|
(iii) small estates (Sec. 118.052, Local |
|
Government Code) . . . $40; |
|
(iv) declarations of heirship (Sec. |
|
118.052, Local Government Code) . . . $40; |
|
(v) mental health or chemical dependency |
|
services (Sec. 118.052, Local Government Code) . . . $40; and |
|
(vi) additional, special fee (Secs. 118.052 |
|
and 118.064, Local Government Code) . . . $5; |
|
(B) services in pending probate action (Secs. |
|
118.052 and 118.056, Local Government Code): |
|
(i) filing an inventory and appraisement |
|
(Secs. 118.052 and 118.056(d), Local Government Code) . . . $25; |
|
(ii) approving and recording bond (Sec. |
|
118.052, Local Government Code) . . . $3; |
|
(iii) administering oath (Sec. 118.052, |
|
Local Government Code) . . . $2; |
|
(iv) filing annual or final account of |
|
estate (Sec. 118.052, Local Government Code) . . . $25; |
|
(v) filing application for sale of real or |
|
personal property (Sec. 118.052, Local Government Code) . . . $25; |
|
(vi) filing annual or final report of |
|
guardian of a person (Sec. 118.052, Local Government Code) . . . |
|
$10; and |
|
(vii) filing a document not listed under |
|
this paragraph after the filing of an order approving the inventory |
|
and appraisement or after the 120th day after the date of the |
|
initial filing of the action, whichever occurs first (Secs. 118.052 |
|
and 191.007, Local Government Code), if more than 25 pages . . . |
|
$25; |
|
(C) adverse probate action (Secs. 118.052 and |
|
118.057, Local Government Code) . . . $40; |
|
(D) claim against estate (Secs. 118.052 and |
|
118.058, Local Government Code) . . . $10 [$2]; |
|
(E) supplemental court-initiated guardianship |
|
fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20; |
|
and |
|
(F) supplemental public probate administrator |
|
fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10; |
|
(4) other fees (Sec. 118.052, Local Government Code): |
|
(A) issuing document (Secs. 118.052 and 118.059, |
|
Local Government Code): |
|
(i) original document and one copy (Sec. |
|
118.052, Local Government Code) . . . $4; and |
|
(ii) each additional set of an original and |
|
one copy (Sec. 118.052, Local Government Code) . . . $4; |
|
(B) certified papers (Secs. 118.052 and 118.060, |
|
Local Government Code): |
|
(i) for the clerk's certificate (Sec. |
|
118.052, Local Government Code) . . . $5; and |
|
(ii) a fee per page or part of a page (Sec. |
|
118.052, Local Government Code) . . . $1; |
|
(C) noncertified papers, for each page or part of |
|
a page (Secs. 118.052 and 118.0605, Local Government Code) . . . |
|
$1; |
|
(D) letters testamentary, letter of |
|
guardianship, letter of administration, or abstract of judgment |
|
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; |
|
(E) safekeeping of wills (Secs. 118.052 and |
|
118.062, Local Government Code) . . . $5; |
|
(F) mail service of process (Secs. 118.052 and |
|
118.063, Local Government Code) . . . same as sheriff; and |
|
(G) records management and preservation fee |
|
(Secs. 118.052, 118.0546, and 118.0645, Local Government Code) |
|
. . . $5; |
|
(5) deposit on filing petition requesting permission |
|
to create a municipal civic center authority (Sec. 281.013, Local |
|
Government Code) . . . $200; |
|
(6) additional filing fee to fund the courthouse |
|
security fund, if authorized by the county commissioners court |
|
(Sec. 291.008, Local Government Code) . . . not to exceed $5; |
|
(7) additional filing fee for filing documents not |
|
subject to certain filing fees to fund the courthouse security |
|
fund, if authorized by the county commissioners court (Sec. |
|
291.008, Local Government Code) . . . $1; |
|
(8) additional filing fee to fund the courthouse |
|
security fund in Webb County, if authorized by the county |
|
commissioners court (Sec. 291.009, Local Government Code) . . . not |
|
to exceed $20; |
|
(9) court cost in civil cases other than suits for |
|
delinquent taxes to fund the county law library fund, if authorized |
|
by the county commissioners court (Sec. 323.023, Local Government |
|
Code) . . . not to exceed $35; |
|
(10) additional filing fee for filing any civil action |
|
or proceeding requiring a filing fee, including an appeal, and on |
|
the filing of any counterclaim, cross-action, intervention, |
|
interpleader, or third-party action requiring a filing fee, to fund |
|
civil legal services for the indigent (Sec. 133.153, Local |
|
Government Code) . . . $10; and |
|
(11) on the filing of a civil suit an additional filing |
|
fee to be used for court-related purposes for the support of the |
|
judiciary (Sec. 133.154, Local Government Code) . . . $42. |
|
SECTION 8.114. Section 101.1215, Government Code, is |
|
amended to conform to Chapter 1031 (H.B. 1438), Acts of the 84th |
|
Legislature, Regular Session, 2015, to read as follows: |
|
Sec. 101.1215. COUNTY COURT FEES AND COSTS: ESTATES CODE. |
|
The clerk of a county court shall collect the following fees and |
|
costs under the Estates Code: |
|
(1) fee for deposit of a will with the county clerk |
|
during testator's lifetime (Sec. 252.001, Estates Code) . . . $5; |
|
(2) security deposit on filing, by any person other |
|
than the personal representative of an estate, an application, |
|
complaint, or opposition in relation to the estate, if required by |
|
the clerk (Sec. 53.052, Estates Code) . . . probable cost of the |
|
proceeding; |
|
(3) [fee on filing an application, complaint,
|
|
petition, or other paper in a guardianship proceeding, which
|
|
includes a deposit for payment to an attorney ad litem (Sec.
|
|
1052.051, Estates Code) .
.
. cost of filing and payment of
|
|
attorney ad litem;
|
|
[(4)] security deposit on filing, by any person other |
|
than the guardian, attorney ad litem, or guardian ad litem, an |
|
application, complaint, or opposition in relation to a guardianship |
|
matter, if required by the clerk (Sec. 1053.052, Estates Code) |
|
. . . probable cost of the guardianship proceeding; |
|
(4) [(5)] nonrefundable fee to cover the cost of |
|
administering Subchapter G, Chapter 1104, Estates Code (Sec. |
|
1104.303, Estates Code) . . . $40; and |
|
(5) [(6)] costs for attorney ad litem appointed to |
|
pursue the restoration of a ward's capacity or modification of the |
|
ward's guardianship (Sec. 1202.102, Estates Code) . . . reasonable |
|
compensation. |
|
SECTION 8.115. Section 102.041, Government Code, is amended |
|
to conform to Chapter 654 (H.B. 2182), Acts of the 84th Legislature, |
|
Regular Session, 2015, to read as follows: |
|
Sec. 102.041. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
DISTRICT COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a district |
|
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) . . . $40 [$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 felony offense (Art. 102.017, |
|
Code of Criminal Procedure) . . . $5; |
|
(6) a security fee on a misdemeanor offense (Art. |
|
102.017, Code of Criminal Procedure) . . . $3; and |
|
(7) a juvenile delinquency prevention and graffiti |
|
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . . |
|
$50. |
|
SECTION 8.116. Section 102.061, Government Code, is amended |
|
to conform to Chapter 654 (H.B. 2182), Acts of the 84th Legislature, |
|
Regular Session, 2015, 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) . . . $40 [$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; |
|
(7) a juvenile case manager fee (Art. 102.0174, Code |
|
of Criminal Procedure) . . . not to exceed $5 if the court employs a |
|
juvenile case manager; and |
|
(8) a civil justice fee (Art. 102.022, Code of |
|
Criminal Procedure) . . . $0.10. |
|
SECTION 8.117. Section 102.081, Government Code, is amended |
|
to conform to Chapter 654 (H.B. 2182), Acts of the 84th Legislature, |
|
Regular Session, 2015, 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) . . . $40 [$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; |
|
(7) a juvenile case manager fee (Art. 102.0174, Code |
|
of Criminal Procedure) . . . not to exceed $5 if the court employs a |
|
juvenile case manager; and |
|
(8) a civil justice fee (Art. 102.022, Code of |
|
Criminal Procedure) . . . $0.10. |
|
SECTION 8.118. Section 103.021, Government Code, is amended |
|
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. 42A.301(17) [Chapter 42A], 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. 42A.301(20) [Chapter
|
|
42A], Code of Criminal Procedure) . . . not to exceed $50; |
|
(7) children's advocacy center fee (Art. 42A.455 |
|
[Chapter 42A], Code of Criminal Procedure) . . . not to exceed $50; |
|
(8) family violence center fee (Art. 42A.504(b) |
|
[Chapter 42A], Code of Criminal Procedure) . . . $100; |
|
(9) community supervision fee (Art. 42A.652(a) |
|
[Chapter 42A], Code of Criminal Procedure) . . . not less than $25 |
|
or more than $60 per month; |
|
(10) additional community supervision fee for certain |
|
offenses (Art. 42A.653(a) [Chapter 42A], 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. 42A.452 [Chapter
|
|
42A], 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 state electronic Internet portal 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; |
|
(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; |
|
(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; and |
|
(26) a cost on conviction for the truancy prevention |
|
and diversion fund (Art. 102.015, Code of Criminal Procedure) . . . |
|
$2. |
|
SECTION 8.119. Section 103.0211, Government Code, is |
|
amended to read as follows: |
|
Sec. 103.0211. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
|
CIVIL CASES: GOVERNMENT CODE. An accused or defendant, or a party |
|
to a civil suit, as applicable, shall pay the following fees and |
|
costs under the Government Code if ordered by the court or otherwise |
|
required: |
|
(1) a court reporter fee when testimony is taken: |
|
(A) in a criminal court in Dallas County (Sec. |
|
25.0593, Government Code) . . . $3; |
|
(B) in a county criminal court of appeals in |
|
Dallas County (Sec. 25.0594, Government Code) . . . $3; |
|
(C) in a county court at law in McLennan County |
|
(Sec. 25.1572, Government Code) . . . $3; and |
|
(D) in a county criminal court in Tarrant County |
|
(Sec. 25.2223, Government Code) . . . $3; |
|
(2) a court reporter service fee if the courts have |
|
official court reporters (Sec. 51.601, Government Code) . . . $15 |
|
or, in specified counties, $30; |
|
(3) a speedy trial rights waiver motion filing fee in |
|
El Paso County (Sec. 54.745, Government Code) . . . $100; |
|
(4) the costs of a criminal magistrate if the court |
|
determines that the nonprevailing party is able to defray the |
|
costs: |
|
(A) in Bexar County (Sec. 54.913, Government |
|
Code) . . . magistrate's fees; |
|
(B) in Dallas County (Sec. 54.313, Government |
|
Code) . . . magistrate's fees; |
|
(C) in Lubbock County (Sec. 54.883, Government |
|
Code) . . . magistrate's fees; |
|
(D) in Tarrant County (Sec. 54.663, Government |
|
Code) . . . magistrate's fees; and |
|
(E) in Travis County (Sec. 54.983, Government |
|
Code) . . . magistrate's fees; |
|
(5) an administrative fee for participation in certain |
|
community supervision programs (Sec. 76.015, Government Code) |
|
. . . not less than $25 and not more than $60 per month; and |
|
(6) fee paid on filing a petition for an order of |
|
nondisclosure of criminal history record information in certain |
|
cases (Secs. 411.072 and 411.0745 [Subchapter E-1, Chapter 411], |
|
Government Code) . . . $28. |
|
SECTION 8.120. Section 103.0213, Government Code, is |
|
amended to conform to Chapter 752 (H.B. 1888), Acts of the 84th |
|
Legislature, Regular Session, 2015, to read as follows: |
|
Sec. 103.0213. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
|
CIVIL CASES: TRANSPORTATION CODE. An accused or defendant, or a |
|
party to a civil suit, as applicable, shall pay the following fees |
|
and costs under the Transportation Code if ordered by the court or |
|
otherwise required: |
|
(1) administrative fee on dismissal of charge of |
|
driving with an expired motor vehicle registration (Sec. 502.407, |
|
Transportation Code) . . . not to exceed $20; |
|
(2) administrative fee on dismissal of charge of |
|
driving with an expired driver's license (Sec. 521.026, |
|
Transportation Code) . . . not to exceed $20; |
|
(2-a) administrative fee on remediation of charge of |
|
operation of a vehicle without a registration insignia (Sec. |
|
502.473, Transportation Code) . . . not to exceed $10; |
|
(3) administrative fee on remediation of charge of |
|
operating a vehicle without complying with inspection requirements |
|
as certified (Sec. 548.605, Transportation Code) . . . not to |
|
exceed $20; |
|
(4) administrative fee for failure to appear for a |
|
complaint or citation on certain offenses (Sec. 706.006, |
|
Transportation Code) . . . $30 for each violation; [and] |
|
(5) administrative fee for failure to pay or satisfy |
|
certain judgments (Sec. 706.006, Transportation Code) . . . $30; |
|
and |
|
(6) administrative fee on dismissal of charge of |
|
driving a commercial motor vehicle without a commercial driver's |
|
license or commercial learner's permit (Sec. 522.011, |
|
Transportation Code) . . . not to exceed $10. |
|
SECTION 8.121. (a) Section 103.026, Government Code, is |
|
amended 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 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 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; and |
|
(8) a court cost paid by a party to a truancy case, if |
|
ordered by a truancy court (Sec. 65.107, Family Code) . . . $50. |
|
(b) Section 103.035, Government Code, is repealed. |
|
SECTION 8.122. (a) Section 103.027(a), Government Code, |
|
is amended to conform to Chapter 654 (H.B. 2182), Acts of the 84th |
|
Legislature, Regular Session, 2015, and further amended to read as |
|
follows: |
|
(a) 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 (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) a program fee for a drug court program (Sec. |
|
123.004, Government Code) . . . not to exceed $1,000; |
|
(6) an alcohol or controlled substance testing, |
|
counseling, and treatment fee (Sec. 123.004, Government Code) . . . |
|
the amount necessary to cover the costs of testing, counseling, and |
|
treatment; |
|
(7) a reasonable program fee for a veterans treatment |
|
court program (Sec. 124.005, Government Code) . . . not to exceed |
|
$1,000; |
|
(8) a testing, counseling, and treatment fee for |
|
testing, counseling, or treatment performed or provided under a |
|
veterans treatment court program (Sec. 124.005, Government Code) |
|
. . . the amount necessary to cover the costs of testing, |
|
counseling, or treatment; [and] |
|
(9) a nonrefundable program fee for a commercially |
|
sexually exploited persons court [prostitution prevention] program |
|
(Sec. 126.006, Government Code) . . . a reasonable amount not to |
|
exceed $1,000, which must include a counseling and services fee in |
|
an amount necessary to cover the costs of counseling and services |
|
provided by the program, a victim services fee in an amount equal to |
|
10 percent of the total fee, and a law enforcement training fee in |
|
an amount equal to five percent of the total fee; and |
|
(10) a district court records archive fee for the |
|
filing of a suit, including an appeal from an inferior court, or a |
|
cross-action, counterclaim, intervention, contempt action, motion |
|
for new trial, or third-party petition, in any court in the county |
|
for which the district clerk accepts filings, if authorized by the |
|
county commissioners court (Sec. 51.305, Government Code) . . . not |
|
more than $10. |
|
(b) Effective September 1, 2019, Section 103.027(a), |
|
Government Code, is amended to conform to Chapter 654 (H.B. 2182), |
|
Acts of the 84th Legislature, Regular Session, 2015, and further |
|
amended to read as follows: |
|
(a) 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 (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) a program fee for a drug court program (Sec. |
|
123.004, Government Code) . . . not to exceed $1,000; |
|
(6) an alcohol or controlled substance testing, |
|
counseling, and treatment fee (Sec. 123.004, Government Code) . . . |
|
the amount necessary to cover the costs of testing, counseling, and |
|
treatment; |
|
(7) a reasonable program fee for a veterans treatment |
|
court program (Sec. 124.005, Government Code) . . . not to exceed |
|
$1,000; |
|
(8) a testing, counseling, and treatment fee for |
|
testing, counseling, or treatment performed or provided under a |
|
veterans treatment court program (Sec. 124.005, Government Code) |
|
. . . the amount necessary to cover the costs of testing, |
|
counseling, or treatment; [and] |
|
(9) a nonrefundable program fee for a commercially |
|
sexually exploited persons court [prostitution prevention] program |
|
(Sec. 126.006, Government Code) . . . a reasonable amount not to |
|
exceed $1,000, which must include a counseling and services fee in |
|
an amount necessary to cover the costs of counseling and services |
|
provided by the program, a victim services fee in an amount equal to |
|
10 percent of the total fee, and a law enforcement training fee in |
|
an amount equal to five percent of the total fee; and |
|
(10) a district court records archive fee for the |
|
filing of a suit, including an appeal from an inferior court, or a |
|
cross-action, counterclaim, intervention, contempt action, motion |
|
for new trial, or third-party petition, in any court in the county |
|
for which the district clerk accepts filings, if authorized by the |
|
county commissioners court (Sec. 51.305, Government Code) . . . not |
|
more than $5. |
|
(c) The following are repealed: |
|
(1) Section 103.0271, Government Code; and |
|
(2) Section 103.0292, Government Code, as added by |
|
Chapter 1167 (S.B. 484), Acts of the 83rd Legislature, Regular |
|
Session, 2013. |
|
ARTICLE 9. CHANGES RELATING TO HEALTH AND SAFETY CODE |
|
SECTION 9.001. Section 81.046(c), Health and Safety Code, |
|
as amended by Chapters 789 (H.B. 2646) and 1278 (S.B. 1574), Acts of |
|
the 84th Legislature, Regular Session, 2015, is reenacted and |
|
amended to read as follows: |
|
(c) Medical or epidemiological information, including |
|
information linking a person who is exposed to a person with a |
|
communicable disease, may be released: |
|
(1) for statistical purposes if released in a manner |
|
that prevents the identification of any person; |
|
(2) with the consent of each person identified in the |
|
information; |
|
(3) to medical personnel treating the individual, |
|
appropriate state agencies in this state or another state, a health |
|
authority or local health department in this state or another |
|
state, or federal, county, or district courts to comply with this |
|
chapter and related rules relating to the control and treatment of |
|
communicable diseases and health conditions or under another state |
|
or federal law that expressly authorizes the disclosure of this |
|
information; |
|
(4) to appropriate federal agencies, such as the |
|
Centers for Disease Control and Prevention [of the United States
|
|
Public Health Service], but the information must be limited to the |
|
name, address, sex, race, and occupation of the patient, the date of |
|
disease onset, the probable source of infection, and other |
|
requested information relating to the case or suspected case of a |
|
communicable disease or health condition; |
|
(5) to medical personnel to the extent necessary in a |
|
medical emergency to protect the health or life of the person |
|
identified in the information; [or] |
|
(6) to a designated infection control officer; |
|
(7) [(6)] to governmental entities that provide first |
|
responders who may respond to a situation involving a potential |
|
communicable disease of concern and need the information to |
|
properly respond to the situation; or |
|
(8) [(7)] to a local health department or health |
|
authority for a designated monitoring period based on the potential |
|
risk for developing symptoms of a communicable disease of concern. |
|
SECTION 9.002. Section 242.403(a), Health and Safety Code, |
|
is amended to conform to changes made by Chapter 838 (S.B. 202), |
|
Acts of the 84th Legislature, Regular Session, 2015, to read as |
|
follows: |
|
(a) The executive commissioner shall adopt standards to |
|
implement Sections 242.401 and 242.402. Those standards must, at a |
|
minimum, address: |
|
(1) admission of residents; |
|
(2) care of residents younger than 18 years of age; |
|
(3) an initial assessment and comprehensive plan of |
|
care for residents; |
|
(4) transfer or discharge of residents; |
|
(5) clinical records; |
|
(6) infection control at the institution; |
|
(7) rehabilitative services; |
|
(8) food services; |
|
(9) nutrition services provided by a director of food |
|
services who is licensed by the Texas Department of Licensing and |
|
Regulation under Chapter 701, Occupations Code, [State Board of
|
|
Examiners of Dietitians] or, if not so licensed, who is in scheduled |
|
consultation with a person who is so licensed as frequently and for |
|
such time as the executive commissioner shall determine necessary |
|
to assure each resident a diet that meets the daily nutritional and |
|
special dietary needs of each resident; |
|
(10) social services and activities; |
|
(11) prevention of pressure sores; |
|
(12) bladder and bowel retraining programs for |
|
residents; |
|
(13) prevention of complications from nasogastric or |
|
gastrotomy tube feedings; |
|
(14) relocation of residents within an institution; |
|
(15) postmortem procedures; and |
|
(16) appropriate use of chemical and physical |
|
restraints. |
|
SECTION 9.003. Section 401.015(a), Health and Safety Code, |
|
is amended to conform to changes made by Chapter 838 (S.B. 202), |
|
Acts of the 84th Legislature, Regular Session, 2015, to read as |
|
follows: |
|
(a) The radiation advisory board is composed of the |
|
following 18 members appointed by the governor: |
|
(1) one representative from industry who is trained in |
|
nuclear physics, science, or nuclear engineering; |
|
(2) one representative from labor; |
|
(3) one representative from agriculture; |
|
(4) one representative from the insurance industry; |
|
(5) one individual who is engaged in the use and |
|
application of nuclear physics in medicine and is certified by the |
|
American Board of Radiology or licensed by the Texas Medical Board |
|
under Chapter 602, Occupations Code [of Licensure for Professional
|
|
Medical Physicists]; |
|
(6) one hospital administrator; |
|
(7) one individual licensed by the Texas Medical Board |
|
who specializes in nuclear medicine; |
|
(8) one individual licensed by the Texas Medical Board |
|
who specializes in pathology; |
|
(9) one individual licensed by the Texas Medical Board |
|
who specializes in radiology; |
|
(10) one representative from the nuclear utility |
|
industry; |
|
(11) one representative from the radioactive waste |
|
industry; |
|
(12) one representative from the petroleum industry; |
|
(13) one health physicist certified by the American |
|
Board of Health Physics; |
|
(14) one individual licensed by the State Board of |
|
Dental Examiners; |
|
(15) one representative from the uranium mining |
|
industry; and |
|
(16) three representatives of the public. |
|
SECTION 9.004. Section 532.0131(d), Health and Safety Code, |
|
is amended to correct a typographical error to read as follows: |
|
(d) The executive commissioner of the Health and Human |
|
Services Commission shall appoint as members of the work group: |
|
(1) a representative of the department; |
|
(2) a representative of the Texas Department of |
|
Criminal Justice; |
|
(3) a representative of the Texas Juvenile Justice |
|
Department; |
|
(4) a representative of the Texas Correctional Office |
|
on Offenders with Medical or Mental Impairments; |
|
(5) a representative of the Sheriffs' [Sheriff's] |
|
Association of Texas; |
|
(6) a superintendent of a state hospital with a |
|
maximum security forensic unit; |
|
(7) a representative of a local mental health |
|
authority; |
|
(8) a representative of the protection and advocacy |
|
system of this state established in accordance with 42 U.S.C. |
|
Section 15043, appointed by the administrative head of that system; |
|
and |
|
(9) additional members as needed to comply with the |
|
number of members selected by the commissioner, who must be |
|
recognized experts in forensic patients or persons who represent |
|
the interests of forensic patients, and who may be advocates, |
|
family members, psychiatrists, psychologists, social workers, |
|
psychiatric nurses, or representatives of hospitals licensed under |
|
Chapter 241 or 577. |
|
ARTICLE 10. CHANGES RELATING TO INSURANCE CODE |
|
SECTION 10.001. Section 544.552, Insurance Code, as amended |
|
by Chapters 592 (S.B. 188) and 1137 (S.B. 189), Acts of the 84th |
|
Legislature, Regular Session, 2015, is reenacted and amended to |
|
read as follows: |
|
Sec. 544.552. APPLICABILITY. This subchapter applies only |
|
to: |
|
(1) a standard fire, homeowners, or farm and ranch |
|
owners insurance policy, including such policies written by: |
|
(A) [(1)] a farm mutual insurance company; |
|
(B) [(2)] a county mutual insurance company; |
|
(C) [(3)] a Lloyd's plan; and |
|
(D) [(4)] a reciprocal or interinsurance |
|
exchange; or |
|
(2) a personal automobile insurance policy, including |
|
a policy written by a county mutual insurance company. |
|
SECTION 10.002. Sections 1451.001(3), (7), (8), and (20), |
|
Insurance Code, are amended to conform to Chapter 838 (S.B. 202), |
|
Acts of the 84th Legislature, Regular Session, 2015, to read as |
|
follows: |
|
(3) "Audiologist" means an individual licensed to |
|
practice audiology by the Texas Department of Licensing and |
|
Regulation [State Board of Examiners for Speech-Language Pathology
|
|
and Audiology]. |
|
(7) "Dietitian" means an individual licensed by the |
|
Texas Department of Licensing and Regulation under Chapter 701, |
|
Occupations Code [State Board of Examiners of Dietitians]. |
|
(8) "Hearing instrument fitter and dispenser" means an |
|
individual licensed by the Texas Department of Licensing and |
|
Regulation under Chapter 402, Occupations Code [State Committee of
|
|
Examiners in the Fitting and Dispensing of Hearing Instruments]. |
|
(20) "Speech-language pathologist" means an |
|
individual licensed to practice speech-language pathology by the |
|
Texas Department of Licensing and Regulation [State Board of
|
|
Examiners for Speech-Language Pathology and Audiology]. |
|
SECTION 10.003. Section 2210.251(f), Insurance Code, as |
|
amended by Chapters 188 (S.B. 498) and 1073 (H.B. 2439), Acts of |
|
the 84th Legislature, Regular Session, 2015, is reenacted to read |
|
as follows: |
|
(f) Notwithstanding any other provision of this subchapter, |
|
insurance coverage for a residential structure may be issued or |
|
renewed through the association subject to the inspection |
|
requirements imposed under Section 2210.258, if applicable. |
|
SECTION 10.004. Section 2210.2581, Insurance Code, as |
|
amended by Chapter 615 (S.B. 900), Acts of the 84th Legislature, |
|
Regular Session, 2015, is repealed to conform to the repeal of |
|
Section 2210.2581, Insurance Code, by Chapter 188 (S.B. 498), Acts |
|
of the 84th Legislature, Regular Session, 2015. |
|
ARTICLE 11. CHANGES RELATING TO LABOR CODE |
|
SECTION 11.001. Sections 23.003(a) and (b), Labor Code, as |
|
added by Chapter 195 (S.B. 805), Acts of the 84th Legislature, |
|
Regular Session, 2015, are repealed as duplicative of Sections |
|
23.003(a) and (b), Labor Code, as added by Chapter 816 (H.B. 3547), |
|
Acts of the 84th Legislature, Regular Session, 2015. |
|
ARTICLE 12. CHANGES RELATING TO LOCAL GOVERNMENT CODE |
|
SECTION 12.001. Section 234.132, Local Government Code, as |
|
amended by Chapters 623 (S.B. 1210) and 1170 (S.B. 866), Acts of the |
|
84th Legislature, Regular Session, 2015, is reenacted and amended |
|
to read as follows: |
|
Sec. 234.132. APPLICABILITY. This subchapter applies only |
|
to: |
|
(1) a county that has a population of less than 25,000, |
|
is adjacent to the Gulf of Mexico, and is within 50 miles of an |
|
international border; |
|
(2) a county that has a population of four million or |
|
more; |
|
(3) a county that is adjacent to the Gulf of Mexico and |
|
to a county that has a population of four million or more; [and] |
|
(4) a county located on the Texas-Mexico border that |
|
has a population of less than 300,000 and contains a municipality |
|
with a population of 200,000 or more; and |
|
(5) [(3)] a county that has a population of 550,000 or |
|
more and is adjacent to a county described by Subdivision (2). |
|
SECTION 12.002. Section 250.007, Local Government Code, is |
|
amended to correct an error to read as follows: |
|
Sec. 250.007. REGULATION OF RENTAL OR LEASING OF HOUSING |
|
ACCOMMODATIONS. (a) Except as provided by this section, a |
|
municipality or county may not adopt or enforce an ordinance or |
|
regulation that prohibits an owner, lessee, sublessee, assignee, |
|
managing agent, or other person having the right to lease, |
|
sublease, or rent a housing accommodation from refusing to lease or |
|
rent the housing accommodation to a person because the person's |
|
lawful source of income to pay rent includes funding from a federal |
|
housing assistance program. |
|
(b) This section does not affect an ordinance or regulation |
|
that prohibits the refusal to lease or rent a housing accommodation |
|
to a military veteran because of the veteran's lawful source of |
|
income to pay rent. |
|
(c) This section does not affect any authority of a |
|
municipality or county or decree to create or implement an |
|
incentive, contract commitment, density bonus, or other voluntary |
|
program designed to encourage the acceptance of a housing voucher |
|
directly or indirectly funded by the federal government, including |
|
a federal housing choice voucher. |
|
ARTICLE 13. CHANGES RELATING TO NATURAL RESOURCES CODE |
|
SECTION 13.001. Section 81.067(c), Natural Resources Code, |
|
is amended to conform to the repeal of Section 81.112, Natural |
|
Resources Code, by Chapter 470 (S.B. 757), Acts of the 84th |
|
Legislature, Regular Session, 2015, to read as follows: |
|
(c) The fund consists of: |
|
(1) proceeds from bonds and other financial security |
|
required by this chapter and benefits under well-specific plugging |
|
insurance policies described by Section 91.104(c) that are paid to |
|
the state as contingent beneficiary of the policies, subject to the |
|
refund provisions of Section 91.1091, if applicable; |
|
(2) private contributions, including contributions |
|
made under Section 89.084; |
|
(3) expenses collected under Section 89.083; |
|
(4) fees imposed under Section 85.2021; |
|
(5) costs recovered under Section 91.457 or 91.459; |
|
(6) proceeds collected under Sections 89.085 and |
|
91.115; |
|
(7) interest earned on the funds deposited in the |
|
fund; |
|
(8) oil and gas waste hauler permit application fees |
|
collected under Section 29.015, Water Code; |
|
(9) costs recovered under Section 91.113(f); |
|
(10) hazardous oil and gas waste generation fees |
|
collected under Section 91.605; |
|
(11) oil-field cleanup regulatory fees on oil |
|
collected under Section 81.116; |
|
(12) oil-field cleanup regulatory fees on gas |
|
collected under Section 81.117; |
|
(13) fees for a reissued certificate collected under |
|
Section 91.707; |
|
(14) fees collected under Section 91.1013; |
|
(15) fees collected under Section 89.088; |
|
(16) fees collected under Section 91.142; |
|
(17) fees collected under Section 91.654; |
|
(18) costs recovered under Sections 91.656 and 91.657; |
|
(19) fees collected under Section 81.0521; |
|
(20) fees collected under Sections 89.024 and 89.026; |
|
(21) legislative appropriations; |
|
(22) any surcharges collected under Section 81.070; |
|
(23) fees collected under Section 91.0115; |
|
(24) [money deposited to the credit of the fund under
|
|
Section 81.112;
|
|
[(25)] fees collected under Subchapter E, Chapter 121, |
|
Utilities Code; and |
|
(25) [(26)] fees collected under Section 27.0321, |
|
Water Code. |
|
SECTION 13.002. Section 81.112, Natural Resources Code, as |
|
amended by Chapter 448 (H.B. 7), Acts of the 84th Legislature, |
|
Regular Session, 2015, is repealed to conform to the repeal of |
|
Section 81.112, Natural Resources Code, by Chapter 470 (S.B. 757), |
|
Acts of the 84th Legislature, Regular Session, 2015. |
|
ARTICLE 14. CHANGES RELATING TO OCCUPATIONS CODE |
|
SECTION 14.001. Section 55.004, Occupations Code, as |
|
amended by Chapters 586 (H.B. 3742) and 1193 (S.B. 1307), Acts of |
|
the 84th Legislature, Regular Session, 2015, is reenacted to read |
|
as follows: |
|
Sec. 55.004. ALTERNATIVE LICENSING FOR MILITARY SERVICE |
|
MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES. (a) A state |
|
agency that issues a license shall adopt rules for the issuance of |
|
the license to an applicant who is a military service member, |
|
military veteran, or military spouse and: |
|
(1) holds a current license issued by another |
|
jurisdiction that has licensing requirements that are |
|
substantially equivalent to the requirements for the license in |
|
this state; or |
|
(2) within the five years preceding the application |
|
date held the license in this state. |
|
(b) The executive director of a state agency may waive any |
|
prerequisite to obtaining a license for an applicant described by |
|
Subsection (a) after reviewing the applicant's credentials. |
|
(c) In addition to the rules adopted under Subsection (a), a |
|
state agency that issues a license may adopt rules that would |
|
establish alternate methods for a military service member, military |
|
veteran, or military spouse to demonstrate competency to meet the |
|
requirements for obtaining the license. |
|
SECTION 14.002. Section 1802.002(a), Occupations Code, as |
|
amended by Chapters 777 (H.B. 2481) and 1230 (S.B. 1982), Acts of |
|
the 84th Legislature, Regular Session, 2015, is reenacted to read |
|
as follows: |
|
(a) This chapter does not apply to: |
|
(1) a sale conducted by order of a United States court |
|
under Title 11, United States Code; |
|
(2) a sale conducted by an employee of the United |
|
States, this state, or a political subdivision of this state in the |
|
course and scope of employment; |
|
(3) a sale conducted by a charitable, religious, or |
|
civic organization, including an organization having a tax exempt |
|
status under Section 501(c), Internal Revenue Code of 1986, or |
|
organized as a nonprofit entity, if the person organizing, |
|
arranging, or conducting the auction receives no compensation; |
|
(4) a foreclosure sale of real property personally |
|
conducted by a trustee under a deed of trust; |
|
(5) a foreclosure sale of personal property personally |
|
conducted by: |
|
(A) a person who holds a security interest in the |
|
property, including a mortgage; or |
|
(B) an employee or agent of a person described by |
|
Paragraph (A) acting in the course and scope of employment, if: |
|
(i) the employee or agent is not otherwise |
|
engaged in the auction business; and |
|
(ii) all property for sale in the auction is |
|
subject to a security agreement; |
|
(6) a sale conducted by sealed bid without the option |
|
of increasing or decreasing the amount of a bid; |
|
(7) an auction conducted only for student training |
|
purposes as part of a course of study approved by the department; |
|
(8) an auction conducted by a posted stockyard or |
|
market agency as defined by the federal Packers and Stockyards Act |
|
(7 U.S.C. Section 181 et seq.), as amended; |
|
(9) an auction of livestock conducted by a nonprofit |
|
livestock trade association chartered in this state, if the auction |
|
involves only the sale of livestock owned by members of the trade |
|
association; |
|
(10) an auction conducted by a charitable or nonprofit |
|
organization chartered in this state, if the auction: |
|
(A) is part of a fair that is organized under |
|
state, county, or municipal authority; and |
|
(B) involves only the sale of property owned by |
|
the organization's members; |
|
(11) a sale or auction conducted by an auctioneer |
|
while the auctioneer is physically located outside of this state; |
|
(12) a sale of motor vehicles at auction by a person |
|
licensed under Chapter 2301 or 2302; |
|
(13) a sale of motor vehicles at auction by a person |
|
who holds a wholesale motor vehicle auction general distinguishing |
|
number or an independent motor vehicle general distinguishing |
|
number issued by the Texas Department of Motor Vehicles; or |
|
(14) an auction of property through the Internet. |
|
SECTION 14.003. Section 1802.051(d), Occupations Code, as |
|
added by Chapter 1230 (S.B. 1982), Acts of the 84th Legislature, |
|
Regular Session, 2015, is repealed as duplicative of Section |
|
1802.051(d), Occupations Code, as added by Chapter 777 (H.B. 2481), |
|
Acts of the 84th Legislature, Regular Session, 2015. |
|
ARTICLE 15. CHANGES RELATING TO PENAL CODE |
|
SECTION 15.001. Section 31.18(b), Penal Code, is amended to |
|
correct a reference to read as follows: |
|
(b) A person commits an offense if the person: |
|
(1) knowingly or intentionally conducts, promotes, or |
|
facilitates an activity in which the person receives, possesses, |
|
conceals, stores, barters, sells, abandons, or disposes of: |
|
(A) stolen cargo; or |
|
(B) cargo explicitly represented to the person as |
|
being stolen cargo; or |
|
(2) is employed as a driver lawfully contracted to |
|
transport a specific cargo by vehicle from a known point of origin |
|
to a known point of destination and, with the intent to conduct, |
|
promote, or facilitate an activity described by Subdivision (1) |
|
[Subsection (b)(1)], knowingly or intentionally: |
|
(A) fails to deliver the entire cargo to the |
|
known point of destination as contracted; or |
|
(B) causes the seal to be broken on the vehicle or |
|
on an intermodal container containing any part of the cargo. |
|
SECTION 15.002. Section 46.01(11), Penal Code, is repealed |
|
to conform to Chapter 960 (H.B. 1862), Acts of the 83rd Legislature, |
|
Regular Session, 2013. |
|
SECTION 15.003. Section 46.03(f), Penal Code, as amended by |
|
Chapters 437 (H.B. 910) and 1001 (H.B. 554), Acts of the 84th |
|
Legislature, Regular Session, 2015, is reenacted to read as |
|
follows: |
|
(f) Except as provided by Subsection (e-1), it is not a |
|
defense to prosecution under this section that the actor possessed |
|
a handgun and was licensed to carry a handgun under Subchapter H, |
|
Chapter 411, Government Code. |
|
SECTION 15.004. Section 46.035(g), Penal Code, as amended |
|
by Chapters 437 (H.B. 910) and 438 (S.B. 11), Acts of the 84th |
|
Legislature, Regular Session, 2015, is reenacted and amended to |
|
read as follows: |
|
(g) An offense under this section [(a-1), (a-2), (a-3),] is |
|
a Class A misdemeanor, unless the offense is committed under |
|
Subsection (b)(1) or (b)(3), in which event the offense is a felony |
|
of the third degree. |
|
SECTION 15.005. Sections 46.035(h) and (j), Penal Code, as |
|
amended by Chapters 437 (H.B. 910) and 438 (S.B. 11), Acts of the |
|
84th Legislature, Regular Session, 2015, are reenacted to read as |
|
follows: |
|
(h) It is a defense to prosecution under Subsection (a), |
|
(a-1), (a-2), or (a-3) that the actor, at the time of the commission |
|
of the offense, displayed the handgun under circumstances in which |
|
the actor would have been justified in the use of force or deadly |
|
force under Chapter 9. |
|
(j) Subsections (a), (a-1), (a-2), (a-3), and (b)(1) do not |
|
apply to a historical reenactment performed in compliance with the |
|
rules of the Texas Alcoholic Beverage Commission. |
|
ARTICLE 16. CHANGES RELATING TO PROPERTY CODE |
|
SECTION 16.001. Section 209.00592(a-1), Property Code, as |
|
added by Chapter 248 (S.B. 862), Acts of the 84th Legislature, |
|
Regular Session, 2015, is repealed as duplicative of Section |
|
209.00592(a-1), Property Code, as added by Chapter 1183 (S.B. |
|
1168), Acts of the 84th Legislature, Regular Session, 2015. |
|
ARTICLE 17. CHANGES RELATING TO TAX CODE |
|
SECTION 17.001. Section 151.310(a), Tax Code, is amended to |
|
correct an error to read as follows: |
|
(a) A taxable item sold, leased, or rented to, or stored, |
|
used, or consumed by, any of the following organizations is |
|
exempted from the taxes imposed by this chapter: |
|
(1) an organization created for religious, |
|
educational, or charitable purposes if no part of the net earnings |
|
of the organization benefits a private shareholder or individual |
|
and the items purchased, leased, or rented are related to the |
|
purpose of the organization; |
|
(2) an organization qualifying for an exemption from |
|
federal income taxes under Section 501(c)(3), (4), (8), (10), or |
|
(19), Internal Revenue Code, if [of] the item sold, leased, rented, |
|
stored, used, or consumed relates to the purpose of the exempted |
|
organization and the item is not used for the personal benefit of a |
|
private stockholder or individual; |
|
(3) a nonprofit organization engaged exclusively in |
|
providing athletic competition among persons under 19 years old if |
|
no financial benefit goes to an individual or shareholder; |
|
(4) a company, department, or association organized |
|
for the purpose of answering fire alarms and extinguishing fires or |
|
for the purpose of answering fire alarms, extinguishing fires, and |
|
providing emergency medical services, the members of which receive |
|
no compensation or only nominal compensation for their services |
|
rendered, if the taxable item is used exclusively by the company, |
|
department, or association; or |
|
(5) a chamber of commerce or a convention and tourist |
|
promotional agency representing at least one Texas city or county |
|
if the chamber of commerce or the agency is not organized for profit |
|
and no part of its net earnings inures to a private shareholder or |
|
other individual. |
|
SECTION 17.002. The heading to Section 313.009, Tax Code, |
|
as redesignated by Chapter 1236 (S.B. 1296), Acts of the 84th |
|
Legislature, Regular Session, 2015, is amended to correct an error |
|
in enrolling House Bill 2712, Acts of the 84th Legislature, Regular |
|
Session, 2015, to read as follows: |
|
Sec. 313.009. CERTAIN ENTITIES INELIGIBLE [ELIGIBLE]. |
|
SECTION 17.003. Section 351.101(a), Tax Code, as amended by |
|
Chapters 666 (H.B. 3772) and 979 (H.B. 3615), Acts of the 84th |
|
Legislature, Regular Session, 2015, 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, flag football, and rodeos, 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 75,000 but |
|
not more than 95,000 and is located in a county that has a |
|
population of less than 200,000 but more than 160,000; |
|
(iii) has a population of at least 36,000 |
|
but not more than 39,000 and is located in a county that has a |
|
population of 100,000 or less that is not adjacent to a county with |
|
a population of more than two million; |
|
(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 70,000 but |
|
less than 90,000 and no part of which is located in a county with a |
|
population greater than 150,000; |
|
(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; |
|
(vii) has a population of at least 25,000 |
|
but not more than 26,000 and is located in a county that has a |
|
population of 90,000 or less; |
|
(viii) [(ix)] is located in a county that |
|
has a population of not more than 300,000 and in which a component |
|
university of the University of Houston System is located; or |
|
(ix) [(x)] has a population of at least |
|
40,000 and the San Marcos River flows through the municipality; 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; |
|
(8) for a municipality with a population of at least |
|
70,000 but less than 90,000, 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) signage directing the public to sights and |
|
attractions that are visited frequently by hotel guests in the |
|
municipality; |
|
(10) the construction, improvement, enlarging, |
|
equipping, repairing, operation, and maintenance of a coliseum or |
|
multiuse facility, if the municipality: |
|
(A) has a population of at least 90,000 but less |
|
than 120,000; and |
|
(B) is located in two counties, at least one of |
|
which contains the headwaters of the San Gabriel River; and |
|
(11) for a municipality with a population of more than |
|
175,000 but less than 225,000 that is located in two counties, each |
|
of which has a population of less than 200,000, the construction, |
|
improvement, enlarging, equipping, repairing, operation, and |
|
maintenance of a coliseum or multiuse facility and related |
|
infrastructure or a venue, as defined by Section 334.001(4), Local |
|
Government Code, that is related to the promotion of tourism. |
|
ARTICLE 18. CHANGES RELATING TO TRANSPORTATION CODE |
|
SECTION 18.001. Section 504.202(e-1), Transportation Code, |
|
as amended by Chapters 708 (H.B. 1128) and 716 (H.B. 1273), Acts of |
|
the 84th Legislature, Regular Session, 2015, is reenacted to read |
|
as follows: |
|
(e-1) Other than license plates issued under Subsection |
|
(h), license plates issued under this section may include, on |
|
request: |
|
(1) the emblem of the veteran's branch of service; or |
|
(2) one emblem from another license plate to which the |
|
person is entitled under Section 504.308, 504.311, 504.312, |
|
504.313, 504.3135, 504.314, 504.315, 504.316, 504.318, 504.319, or |
|
504.320. |
|
SECTION 18.002. The heading to Section 504.502, |
|
Transportation Code, is amended to conform to the transfer of the |
|
offense by Chapter 1296 (H.B. 2357), Acts of the 82nd Legislature, |
|
Regular Session, 2011, to read as follows: |
|
Sec. 504.502. CERTAIN EXHIBITION VEHICLES[; OFFENSE]. |
|
SECTION 18.003. Section 644.101(b), Transportation Code, |
|
as amended by Chapters 278 (H.B. 716) and 1130 (S.B. 58), Acts of |
|
the 84th Legislature, Regular Session, 2015, is reenacted and |
|
amended to read as follows: |
|
(b) A police officer of any of the following municipalities |
|
is eligible to apply for certification under this section: |
|
(1) a municipality with a population of 50,000 or |
|
more; |
|
(2) a municipality with a population of 25,000 or more |
|
any part of which is located in a county with a population of |
|
500,000 or more; |
|
(3) a municipality with a population of less than |
|
25,000: |
|
(A) any part of which is located in a county with |
|
a population of 3.3 million; and |
|
(B) that contains or is adjacent to an |
|
international port; |
|
(4) a municipality with a population of at least |
|
34,000 that is located in a county that borders two or more states; |
|
(5) a municipality any part of which is located in a |
|
county bordering the United Mexican States; |
|
(6) a municipality with a population of less than |
|
5,000 that is located: |
|
(A) adjacent to a bay connected to the Gulf of |
|
Mexico; and |
|
(B) in a county adjacent to a county with a |
|
population greater than 3.3 million; |
|
(7) a municipality that is located: |
|
(A) within 25 miles of an international port; and |
|
(B) in a county that does not contain a highway |
|
that is part of the national system of interstate and defense |
|
highways and is adjacent to a county with a population greater than |
|
3.3 million; |
|
(8) a municipality with a population of less than |
|
8,500 that: |
|
(A) is the county seat; and |
|
(B) contains a highway that is part of the |
|
national system of interstate and defense highways; [or] |
|
(9) a municipality located in a county with a |
|
population between 60,000 and 66,000 adjacent to a bay connected to |
|
the Gulf of Mexico; or |
|
(10) [(9)] a municipality with a population of more |
|
than 40,000 and less than 50,000 that is located in a county with a |
|
population of more than 285,000 and less than 300,000 that borders |
|
the Gulf of Mexico. |
|
ARTICLE 19. CHANGES RELATING TO WATER CODE |
|
SECTION 19.001. Section 16.053(e), Water Code, as amended |
|
by Chapters 756 (H.B. 2031), 990 (H.B. 30), and 1180 (S.B. 1101), |
|
Acts of the 84th Legislature, Regular Session, 2015, is reenacted |
|
and amended to read as follows: |
|
(e) Each regional water planning group shall submit to the |
|
development board a regional water plan that: |
|
(1) is consistent with the guidance principles for the |
|
state water plan adopted by the development board under Section |
|
16.051(d); |
|
(2) provides information based on data provided or |
|
approved by the development board in a format consistent with the |
|
guidelines provided by the development board under Subsection (d); |
|
(2-a) is consistent with the desired future conditions |
|
adopted under Section 36.108 for the relevant aquifers located in |
|
the regional water planning area as of the date the board most |
|
recently adopted a state water plan under Section 16.051 or, at the |
|
option of the regional water planning group, established subsequent |
|
to the adoption of the most recent plan; provided, however, that if |
|
no groundwater conservation district exists within the area of the |
|
regional water planning group, the regional water planning group |
|
shall determine the supply of groundwater for regional planning |
|
purposes; the Texas Water Development Board shall review and |
|
approve, prior to inclusion in the regional water plan, that the |
|
groundwater supply for the regional planning group without a |
|
groundwater conservation district in its area is physically |
|
compatible, using the board's groundwater availability models, |
|
with the desired future conditions adopted under Section 36.108 for |
|
the relevant aquifers in the groundwater management area that are |
|
regulated by groundwater conservation districts; |
|
(3) identifies: |
|
(A) each source of water supply in the regional |
|
water planning area, including information supplied by the |
|
executive administrator on the amount of modeled available |
|
groundwater in accordance with the guidelines provided by the |
|
development board under Subsections (d) and (f); |
|
(B) factors specific to each source of water |
|
supply to be considered in determining whether to initiate a |
|
drought response; |
|
(C) actions to be taken as part of the response; |
|
and |
|
(D) existing major water infrastructure |
|
facilities that may be used for interconnections in the event of an |
|
emergency shortage of water; |
|
(4) has specific provisions for water management |
|
strategies to be used during a drought of record; |
|
(5) includes but is not limited to consideration of |
|
the following: |
|
(A) any existing water or drought planning |
|
efforts addressing all or a portion of the region and potential |
|
impacts on public health, safety, or welfare in this state; |
|
(B) approved groundwater conservation district |
|
management plans and other plans submitted under Section 16.054; |
|
(C) all potentially feasible water management |
|
strategies, including but not limited to improved conservation, |
|
reuse, and management of existing water supplies, conjunctive use, |
|
acquisition of available existing water supplies, and development |
|
of new water supplies; |
|
(D) protection of existing water rights in the |
|
region; |
|
(E) opportunities for and the benefits of |
|
developing regional water supply facilities or providing regional |
|
management of water supply facilities; |
|
(F) appropriate provision for environmental |
|
water needs and for the effect of upstream development on the bays, |
|
estuaries, and arms of the Gulf of Mexico and the effect of plans on |
|
navigation; |
|
(G) provisions in Section 11.085(k)(1) if |
|
interbasin transfers are contemplated; |
|
(H) voluntary transfer of water within the region |
|
using, but not limited to, regional water banks, sales, leases, |
|
options, subordination agreements, and financing agreements; |
|
(I) emergency transfer of water under Section |
|
11.139, including information on the part of each permit, certified |
|
filing, or certificate of adjudication for nonmunicipal use in the |
|
region that may be transferred without causing unreasonable damage |
|
to the property of the nonmunicipal water rights holder; and |
|
(J) opportunities for and the benefits of |
|
developing large-scale desalination facilities for: |
|
(i) marine seawater that serve local or |
|
regional entities; and |
|
(ii) [(J) opportunities for and the
|
|
benefits of developing large-scale desalination facilities for] |
|
seawater or brackish groundwater that serve local or regional |
|
brackish groundwater production zones identified and designated |
|
under Section 16.060(b)(5); |
|
(6) identifies river and stream segments of unique |
|
ecological value and sites of unique value for the construction of |
|
reservoirs that the regional water planning group recommends for |
|
protection under Section 16.051; |
|
(7) assesses the impact of the plan on unique river and |
|
stream segments identified in Subdivision (6) if the regional water |
|
planning group or the legislature determines that a site of unique |
|
ecological value exists; |
|
(8) describes the impact of proposed water projects on |
|
water quality; and |
|
(9) includes information on: |
|
(A) projected water use and conservation in the |
|
regional water planning area; and |
|
(B) the implementation of state and regional |
|
water plan projects, including water conservation strategies, |
|
necessary to meet the state's projected water demands. |
|
SECTION 19.002. Section 16.060, Water Code, as amended by |
|
Chapter 990 (H.B. 30), Acts of the 84th Legislature, Regular |
|
Session, 2015, and repealed by Chapter 756 (H.B. 2031), Acts of the |
|
84th Legislature, Regular Session, 2015, is reenacted to read as |
|
follows: |
|
Sec. 16.060. DESALINATION STUDIES AND RESEARCH. (a) The |
|
board shall undertake or participate in research, feasibility and |
|
facility planning studies, investigations, and surveys as it |
|
considers necessary to further the development of cost-effective |
|
water supplies from seawater or brackish groundwater desalination |
|
in the state. |
|
(b) The board shall prepare a biennial progress report on |
|
the implementation of seawater or brackish groundwater |
|
desalination activities in the state and shall submit it to the |
|
governor, lieutenant governor, and speaker of the house of |
|
representatives not later than December 1 of each even-numbered |
|
year. The report shall include: |
|
(1) results of the board's studies and activities |
|
relative to seawater or brackish groundwater desalination during |
|
the preceding biennium; |
|
(2) identification and evaluation of research, |
|
regulatory, technical, and financial impediments to the |
|
implementation of seawater or brackish groundwater desalination |
|
projects; |
|
(3) evaluation of the role the state should play in |
|
furthering the development of large-scale seawater or brackish |
|
groundwater desalination projects in the state; |
|
(4) the anticipated appropriation from general |
|
revenues necessary to continue investigating water desalination |
|
activities in the state during the next biennium; and |
|
(5) identification and designation of local or |
|
regional brackish groundwater production zones in areas of the |
|
state with moderate to high availability and productivity of |
|
brackish groundwater that can be used to reduce the use of fresh |
|
groundwater and that: |
|
(A) are separated by hydrogeologic barriers |
|
sufficient to prevent significant impacts to water availability or |
|
water quality in any area of the same or other aquifers, |
|
subdivisions of aquifers, or geologic strata that have an average |
|
total dissolved solids level of 1,000 milligrams per liter or less |
|
at the time of designation of the zones; and |
|
(B) are not located in: |
|
(i) an area of the Edwards Aquifer subject |
|
to the jurisdiction of the Edwards Aquifer Authority; |
|
(ii) the boundaries of the: |
|
(a) Barton Springs-Edwards Aquifer |
|
Conservation District; |
|
(b) Harris-Galveston Subsidence |
|
District; or |
|
(c) Fort Bend Subsidence District; |
|
(iii) an aquifer, subdivision of an |
|
aquifer, or geologic stratum that: |
|
(a) has an average total dissolved |
|
solids level of more than 1,000 milligrams per liter; and |
|
(b) is serving as a significant source |
|
of water supply for municipal, domestic, or agricultural purposes |
|
at the time of designation of the zones; or |
|
(iv) an area of a geologic stratum that is |
|
designated or used for wastewater injection through the use of |
|
injection wells or disposal wells permitted under Chapter 27. |
|
(c) The board shall actively pursue federal sources of |
|
funding for desalination projects in the state. |
|
(d) The board shall work together with groundwater |
|
conservation districts and stakeholders and shall consider the |
|
Brackish Groundwater Manual for Texas Regional Water Planning |
|
Groups, and any updates to the manual, and other relevant |
|
scientific data or findings when identifying and designating |
|
brackish groundwater production zones under Subsection (b)(5). |
|
(e) In designating a brackish groundwater production zone |
|
under this section, the board shall: |
|
(1) determine the amount of brackish groundwater that |
|
the zone is capable of producing over a 30-year period and a 50-year |
|
period without causing a significant impact to water availability |
|
or water quality as described by Subsection (b)(5)(A); and |
|
(2) include in the designation description: |
|
(A) the amounts of brackish groundwater that the |
|
zone is capable of producing during the periods described by |
|
Subdivision (1); and |
|
(B) recommendations regarding reasonable |
|
monitoring to observe the effects of brackish groundwater |
|
production within the zone. |
|
SECTION 19.003. Section 36.001(31), Water Code, as added by |
|
Chapter 415 (H.B. 2767), Acts of the 84th Legislature, Regular |
|
Session, 2015, is repealed as duplicative of Section 36.001(31), |
|
Water Code, as added by Chapter 308 (S.B. 854), Acts of the 84th |
|
Legislature, Regular Session, 2015. |
|
ARTICLE 20. CHANGES RELATING TO THE DISPOSITION OF CERTAIN |
|
CIVIL STATUTES |
|
SECTION 20.001. (a) Section 86.17, Education Code, is |
|
repealed to conform to Chapter 570 (H.B. 1323), Acts of the 62nd |
|
Legislature, Regular Session, 1971. |
|
(b) Section 1, Chapter 570 (H.B. 1323), Acts of the 62nd |
|
Legislature, Regular Session, 1971, is repealed as executed. |
|
SECTION 20.002. (a) The Health and Safety Code is amended |
|
to codify the Texas Environmental, Health, and Safety Audit |
|
Privilege Act (Article 4447cc, Vernon's Texas Civil Statutes) by |
|
adding Title 13 to read as follows: |
|
TITLE 13. ENVIRONMENTAL, HEALTH, AND SAFETY AUDIT PRIVILEGE ACT |
|
CHAPTER 1101. ENVIRONMENTAL, HEALTH, AND SAFETY AUDIT PRIVILEGE |
|
ACT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1101.001. SHORT TITLE. This chapter may be cited as |
|
the Texas Environmental, Health, and Safety Audit Privilege Act. |
|
(Acts 74th Leg., R.S., Ch. 219, Sec. 1.) |
|
Sec. 1101.002. PURPOSE; CIRCUMVENTION BY RULE PROHIBITED. |
|
(a) The purpose of this chapter is to encourage voluntary |
|
compliance with environmental and occupational health and safety |
|
laws. |
|
(b) A regulatory agency may not adopt a rule or impose a |
|
condition that circumvents the purpose of this chapter. (Acts 74th |
|
Leg., R.S., Ch. 219, Secs. 2, 11.) |
|
Sec. 1101.003. DEFINITIONS. (a) In this chapter: |
|
(1) "Acquisition closing date" means the date on which |
|
ownership of, or a direct or indirect majority interest in the |
|
ownership of, a regulated facility or operation is acquired in an |
|
asset purchase, equity purchase, merger, or similar transaction. |
|
(2) "Audit report" means an audit report described by |
|
Section 1101.051. |
|
(3) "Environmental or health and safety audit" or |
|
"audit" means a systematic voluntary evaluation, review, or |
|
assessment of compliance with environmental or health and safety |
|
laws or with any permit issued under an environmental or health and |
|
safety law conducted by an owner or operator, an employee of an |
|
owner or operator, a person, including an employee or independent |
|
contractor of the person, that is considering the acquisition of a |
|
regulated facility or operation, or an independent contractor of: |
|
(A) a regulated facility or operation; or |
|
(B) an activity at a regulated facility or |
|
operation. |
|
(4) "Environmental or health and safety law" means: |
|
(A) a federal or state environmental or |
|
occupational health and safety law; or |
|
(B) a rule, regulation, or regional or local law |
|
adopted in conjunction with a law described by Paragraph (A). |
|
(5) "Owner or operator" means a person who owns or |
|
operates a regulated facility or operation. |
|
(6) "Penalty" means an administrative, civil, or |
|
criminal sanction imposed by the state to punish a person for a |
|
violation of a statute or rule. The term does not include a |
|
technical or remedial provision ordered by a regulatory authority. |
|
(7) "Regulated facility or operation" means a facility |
|
or operation that is regulated under an environmental or health and |
|
safety law. |
|
(b) A person acts intentionally for purposes of this chapter |
|
if the person acts intentionally within the meaning of Section |
|
6.03, Penal Code. |
|
(c) For purposes of this chapter, a person acts knowingly, |
|
or with knowledge, with respect to the nature of the person's |
|
conduct when the person is aware of the person's physical acts. A |
|
person acts knowingly, or with knowledge, with respect to the |
|
result of the person's conduct when the person is aware that the |
|
conduct will cause the result. |
|
(d) A person acts recklessly or is reckless for purposes of |
|
this chapter if the person acts recklessly or is reckless within the |
|
meaning of Section 6.03, Penal Code. |
|
(e) To fully implement the privilege established by this |
|
chapter, the term "environmental or health and safety law" shall be |
|
construed broadly. (Acts 74th Leg., R.S., Ch. 219, Sec. 3.) |
|
Sec. 1101.004. APPLICABILITY. The privilege established |
|
by this chapter applies to environmental or health and safety |
|
audits that are conducted on or after May 23, 1995. (Acts 74th |
|
Leg., R.S., Ch. 219, Sec. 12.) |
|
Sec. 1101.005. RELATIONSHIP TO OTHER RECOGNIZED |
|
PRIVILEGES. This chapter does not limit, waive, or abrogate the |
|
scope or nature of any statutory or common law privilege, including |
|
the work product doctrine and the attorney-client privilege. (Acts |
|
74th Leg., R.S., Ch. 219, Sec. 13.) |
|
SUBCHAPTER B. GENERAL AUDIT PROVISIONS |
|
Sec. 1101.051. AUDIT REPORT. (a) An audit report is a |
|
report that includes each document and communication, other than |
|
those described by Section 1101.102, produced from an environmental |
|
or health and safety audit. |
|
(b) General components that may be contained in a completed |
|
audit report include: |
|
(1) a report prepared by an auditor, monitor, or |
|
similar person, which may include: |
|
(A) a description of the scope of the audit; |
|
(B) the information gained in the audit and |
|
findings, conclusions, and recommendations; and |
|
(C) exhibits and appendices; |
|
(2) memoranda and documents analyzing all or a portion |
|
of the materials described by Subdivision (1) or discussing |
|
implementation issues; and |
|
(3) an implementation plan or tracking system to |
|
correct past noncompliance, improve current compliance, or prevent |
|
future noncompliance. |
|
(c) The types of exhibits and appendices that may be |
|
contained in an audit report include supporting information that is |
|
collected or developed for the primary purpose of and in the course |
|
of an environmental or health and safety audit, including: |
|
(1) interviews with current or former employees; |
|
(2) field notes and records of observations; |
|
(3) findings, opinions, suggestions, conclusions, |
|
guidance, notes, drafts, and memoranda; |
|
(4) legal analyses; |
|
(5) drawings; |
|
(6) photographs; |
|
(7) laboratory analyses and other analytical data; |
|
(8) computer-generated or electronically recorded |
|
information; |
|
(9) maps, charts, graphs, and surveys; and |
|
(10) other communications associated with an |
|
environmental or health and safety audit. |
|
(d) To facilitate identification, each document in an audit |
|
report should be labeled "COMPLIANCE REPORT: PRIVILEGED DOCUMENT" |
|
or labeled with words of similar import. Failure to label a |
|
document under this section does not constitute a waiver of the |
|
privilege established by this chapter or create a presumption that |
|
the privilege does or does not apply. (Acts 74th Leg., R.S., Ch. |
|
219, Secs. 4(a), (b), (c), (d).) |
|
Sec. 1101.052. PERIOD FOR COMPLETION OF AUDIT. (a) Unless |
|
an extension is approved by the governmental entity with regulatory |
|
authority over the regulated facility or operation based on |
|
reasonable grounds, an environmental or health and safety audit |
|
must be completed within a reasonable time not to exceed six months |
|
after: |
|
(1) the date the audit is initiated; or |
|
(2) the acquisition closing date, if the person |
|
continues the audit under Section 1101.053. |
|
(b) Subsection (a)(1) does not apply to an environmental or |
|
health and safety audit conducted before the acquisition closing |
|
date by a person that is considering the acquisition of the |
|
regulated facility or operation. (Acts 74th Leg., R.S., Ch. 219, |
|
Secs. 4(e), (f).) |
|
Sec. 1101.053. CONTINUATION OF AUDIT BEGUN BEFORE |
|
ACQUISITION CLOSING DATE. A person that begins an environmental or |
|
health and safety audit before becoming the owner of a regulated |
|
facility or operation may continue the audit after the acquisition |
|
closing date if the person gives notice under Section 1101.155. |
|
(Acts 74th Leg., R.S., Ch. 219, Sec. 4(d-1).) |
|
SUBCHAPTER C. PRIVILEGE |
|
Sec. 1101.101. SCOPE OF PRIVILEGE. (a) An audit report is |
|
privileged as provided by this section. |
|
(b) Except as provided by Sections 1101.102, 1101.103, and |
|
1101.104, any part of an audit report is privileged and is not |
|
admissible as evidence or subject to discovery in: |
|
(1) a civil action, whether legal or equitable; or |
|
(2) an administrative proceeding. |
|
(c) A person, when called or subpoenaed as a witness, may |
|
not be compelled to testify or produce a document related to an |
|
environmental or health and safety audit if: |
|
(1) the testimony or document discloses any item |
|
listed in Section 1101.051 that was made as part of the preparation |
|
of an audit report and that is addressed in a privileged part of an |
|
audit report; and |
|
(2) the person is: |
|
(A) a person who conducted any portion of the |
|
audit but did not personally observe the physical events; |
|
(B) a person to whom the audit results are |
|
disclosed under Section 1101.103(b); or |
|
(C) a custodian of the audit results. |
|
(d) A person who conducts or participates in the preparation |
|
of an environmental or health and safety audit and who has actually |
|
observed physical events of violation may testify about those |
|
events but may not be compelled to testify about or produce |
|
documents related to the preparation of or any privileged part of an |
|
environmental or health and safety audit or any item listed in |
|
Section 1101.051. |
|
(e) An employee of a state agency may not request, review, |
|
or otherwise use an audit report during an agency inspection of a |
|
regulated facility or operation or an activity of a regulated |
|
facility or operation. |
|
(f) A party asserting the privilege created by this section |
|
has the burden of establishing the applicability of the privilege. |
|
(Acts 74th Leg., R.S., Ch. 219, Sec. 5.) |
|
Sec. 1101.102. NONPRIVILEGED MATERIALS. (a) The privilege |
|
established by Section 1101.101 does not apply to: |
|
(1) a document, communication, datum, or report or |
|
other information required by a regulatory agency to be collected, |
|
developed, maintained, or reported under a federal or state |
|
environmental or health and safety law; |
|
(2) information obtained by observation, sampling, or |
|
monitoring by a regulatory agency; or |
|
(3) information obtained from a source not involved in |
|
the preparation of the audit report. |
|
(b) This section does not limit the right of a person to |
|
agree to conduct and disclose an audit report. (Acts 74th Leg., |
|
R.S., Ch. 219, Sec. 8.) |
|
Sec. 1101.103. EXCEPTION: WAIVER. (a) The privilege |
|
established by Section 1101.101 does not apply to the extent the |
|
privilege is expressly waived by the owner or operator who prepared |
|
the audit report or caused the report to be prepared. |
|
(b) Disclosure of an audit report or any information |
|
generated by an environmental or health and safety audit does not |
|
waive the privilege established by Section 1101.101 if the |
|
disclosure: |
|
(1) is made to address or correct a matter raised by |
|
the audit and is made only to: |
|
(A) a person employed by the owner or operator, |
|
including a temporary or contract employee; |
|
(B) a legal representative of the owner or |
|
operator; |
|
(C) an officer or director of the regulated |
|
facility or operation or a partner of the owner or operator; |
|
(D) an independent contractor of the owner or |
|
operator; |
|
(E) a person considering the acquisition of the |
|
regulated facility or operation that is the subject of the audit; or |
|
(F) an employee, temporary employee, contract |
|
employee, legal representative, officer, director, partner, or |
|
independent contractor of a person described by Paragraph (E); |
|
(2) is made under the terms of a confidentiality |
|
agreement between the person for whom the audit report was prepared |
|
or the owner or operator of the audited facility or operation and: |
|
(A) a partner or potential partner of the owner |
|
or operator of the facility or operation; |
|
(B) a transferee or potential transferee of the |
|
facility or operation; |
|
(C) a lender or potential lender for the facility |
|
or operation; |
|
(D) a governmental official of a state; or |
|
(E) a person engaged in the business of insuring, |
|
underwriting, or indemnifying the facility or operation; or |
|
(3) is made under a claim of confidentiality to a |
|
governmental official or agency by the person for whom the audit |
|
report was prepared or by the owner or operator. |
|
(c) A party to a confidentiality agreement described by |
|
Subsection (b)(2) who violates that agreement is liable for damages |
|
caused by the disclosure and for any other penalties stipulated in |
|
the confidentiality agreement. |
|
(d) Information that is disclosed under Subsection (b)(3) |
|
is confidential and is not subject to disclosure under Chapter 552, |
|
Government Code. A public entity, public employee, or public |
|
official who discloses information in violation of this subsection |
|
is subject to any penalty provided by Chapter 552, Government Code. |
|
It is an affirmative defense to the clerical dissemination of a |
|
privileged audit report that the report was not clearly labeled |
|
"COMPLIANCE REPORT: PRIVILEGED DOCUMENT" or labeled with words of |
|
similar import. The lack of labeling may not be raised as a defense |
|
if the entity, employee, or official knew or had reason to know that |
|
the document was a privileged audit report. |
|
(e) This section may not be construed to circumvent the |
|
protections provided by federal or state law for individuals who |
|
disclose information to law enforcement authorities. (Acts 74th |
|
Leg., R.S., Ch. 219, Sec. 6.) |
|
Sec. 1101.104. EXCEPTION: DISCLOSURE REQUIRED BY COURT OR |
|
ADMINISTRATIVE HEARINGS OFFICIAL. (a) A court or administrative |
|
hearings official with competent jurisdiction may require |
|
disclosure of a portion of an audit report in a civil or |
|
administrative proceeding if the court or administrative hearings |
|
official determines, after an in camera review consistent with the |
|
appropriate rules of procedure, that: |
|
(1) the privilege is asserted for a fraudulent |
|
purpose; |
|
(2) the portion of the audit report is not subject to |
|
the privilege by application of Section 1101.102; or |
|
(3) the portion of the audit report shows evidence of |
|
noncompliance with an environmental or health and safety law and |
|
appropriate efforts to achieve compliance with the law were not |
|
promptly initiated and pursued with reasonable diligence after |
|
discovery of noncompliance. |
|
(b) A party seeking disclosure under this section has the |
|
burden of proving that Subsection (a)(1), (2), or (3) applies. |
|
(c) Notwithstanding Chapter 2001, Government Code, a |
|
decision of an administrative hearings official under Subsection |
|
(a)(1), (2), or (3) of this section is directly appealable to a |
|
court of competent jurisdiction without disclosure of the audit |
|
report to any person unless so ordered by the court. |
|
(d) A person claiming the privilege is subject to sanctions |
|
as provided by Rule 215 of the Texas Rules of Civil Procedure or to a |
|
fine not to exceed $10,000 if the court finds, consistent with |
|
fundamental due process, that the person intentionally or knowingly |
|
claimed the privilege for information that, by application of |
|
Section 1101.102, is not subject to the privilege. |
|
(e) A determination of a court under this section is subject |
|
to interlocutory appeal to an appropriate appellate court. (Acts |
|
74th Leg., R.S., Ch. 219, Sec. 7.) |
|
Sec. 1101.105. REVIEW OF PRIVILEGED DOCUMENTS BY |
|
GOVERNMENTAL AUTHORITY. (a) If an audit report is obtained, |
|
reviewed, or used in a criminal proceeding, the administrative or |
|
civil evidentiary privilege established by Section 1101.101 is not |
|
waived or eliminated for any other purpose. |
|
(b) Notwithstanding the privilege established by Section |
|
1101.101, a regulatory agency may review information that is |
|
required to be available under a specific state or federal law, but |
|
that review does not waive or eliminate the administrative or civil |
|
evidentiary privilege if applicable. |
|
(c) If information is required to be available to the public |
|
by operation of a specific state or federal law, the governmental |
|
authority shall notify the person claiming the privilege of the |
|
potential for public disclosure before obtaining the information |
|
under Subsection (a) or (b). |
|
(d) If privileged information is disclosed under Subsection |
|
(b) or (c), on the motion of a party, a court or the appropriate |
|
administrative official shall suppress evidence offered in any |
|
civil or administrative proceeding that arises or is derived from |
|
review, disclosure, or use of information obtained under this |
|
section unless the review, disclosure, or use is authorized under |
|
Section 1101.102. A party having received information under |
|
Subsection (b) or (c) has the burden of proving that the evidence |
|
offered did not arise and was not derived from the review of |
|
privileged information. (Acts 74th Leg., R.S., Ch. 219, Sec. 9.) |
|
SUBCHAPTER D. VOLUNTARY DISCLOSURE; IMMUNITY |
|
Sec. 1101.151. IMMUNITY FOR VIOLATION VOLUNTARILY |
|
DISCLOSED. Except as otherwise provided by this subchapter, a |
|
person who makes a voluntary disclosure of a violation of an |
|
environmental or health and safety law is immune from an |
|
administrative or civil penalty for the violation disclosed. (Acts |
|
74th Leg., R.S., Ch. 219, Sec. 10(a).) |
|
Sec. 1101.152. NATURE OF VOLUNTARY DISCLOSURE. (a) A |
|
disclosure is voluntary for purposes of this subchapter only if: |
|
(1) the disclosure was made: |
|
(A) promptly after knowledge of the information |
|
disclosed is obtained by the person making the disclosure; or |
|
(B) not later than the 45th day after the |
|
acquisition closing date, if the violation was discovered during an |
|
audit conducted before the acquisition closing date by a person |
|
considering the acquisition of the regulated facility or operation; |
|
(2) the disclosure was made in writing by certified |
|
mail to an agency that has regulatory authority with regard to the |
|
violation disclosed; |
|
(3) an investigation of the violation was not |
|
initiated or the violation was not independently detected by an |
|
agency with enforcement jurisdiction before the disclosure was made |
|
using certified mail; |
|
(4) the disclosure arises out of a voluntary |
|
environmental or health and safety audit; |
|
(5) the person making the disclosure initiates an |
|
appropriate effort to achieve compliance, pursues that effort with |
|
due diligence, and corrects the noncompliance within a reasonable |
|
time; |
|
(6) the person making the disclosure cooperates with |
|
the appropriate agency in connection with an investigation of the |
|
issues identified in the disclosure; and |
|
(7) the violation did not result in: |
|
(A) injury or imminent and substantial risk of |
|
serious injury to one or more persons at the site; or |
|
(B) off-site substantial actual harm or imminent |
|
and substantial risk of harm to persons, property, or the |
|
environment. |
|
(b) For a disclosure described by Subsection (a)(1)(B), the |
|
person making the disclosure must certify in the disclosure that |
|
before the acquisition closing date: |
|
(1) the person was not responsible for the |
|
environmental, health, or safety compliance at the regulated |
|
facility or operation that is subject to the disclosure; |
|
(2) the person did not have the largest ownership |
|
share of the seller; |
|
(3) the seller did not have the largest ownership |
|
share of the person; and |
|
(4) the person and the seller did not have a common |
|
corporate parent or a common majority interest owner. |
|
(c) A disclosure is not voluntary for purposes of this |
|
subchapter if the disclosure is a report to a regulatory agency |
|
required solely by a specific condition of an enforcement order or |
|
decree. (Acts 74th Leg., R.S., Ch. 219, Secs. 10(b), (b-1), (c).) |
|
Sec. 1101.153. BURDEN OF PROOF WITH RESPECT TO VOLUNTARY |
|
DISCLOSURE. (a) In a civil or administrative enforcement action |
|
brought against a person for a violation for which the person claims |
|
to have made a voluntary disclosure, the person claiming the |
|
immunity created by this subchapter has the burden of establishing |
|
a prima facie case that the disclosure was voluntary. |
|
(b) After the person claiming the immunity establishes a |
|
prima facie case of voluntary disclosure, other than a case in which |
|
immunity does not apply under Section 1101.157, the enforcement |
|
authority has the burden of rebutting the presumption by a |
|
preponderance of the evidence. (Acts 74th Leg., R.S., Ch. 219, Sec. |
|
10(f).) |
|
Sec. 1101.154. NOTICE REQUIREMENT. (a) This section does |
|
not apply to an environmental or health and safety audit conducted |
|
before the acquisition closing date by a person considering the |
|
acquisition of the regulated facility or operation that is the |
|
subject of the audit. |
|
(b) To receive immunity under this subchapter, a facility |
|
conducting an environmental or health and safety audit under this |
|
chapter must provide notice to an appropriate regulatory agency of |
|
the fact that it is planning to begin the audit. |
|
(c) The notice must specify: |
|
(1) the facility or portion of the facility to be |
|
audited; |
|
(2) the anticipated time the audit will begin; and |
|
(3) the general scope of the audit. |
|
(d) The notice may provide notification of more than one |
|
scheduled environmental or health and safety audit at a time. (Acts |
|
74th Leg., R.S., Ch. 219, Sec. 10(g).) |
|
Sec. 1101.155. NOTICE REQUIREMENT FOR CERTAIN AUDITS BEGUN |
|
BEFORE ACQUISITION CLOSING DATE. (a) A person that begins an |
|
environmental or health and safety audit before becoming the owner |
|
of the regulated facility or operation that is the subject of the |
|
audit may continue the audit after the acquisition closing date if, |
|
not later than the 45th day after the acquisition closing date, the |
|
person provides notice to an appropriate regulatory agency of the |
|
fact that the person intends to continue an ongoing audit. |
|
(b) The notice must specify: |
|
(1) the facility or portion of the facility being |
|
audited; |
|
(2) the date the audit began; and |
|
(3) the general scope of the audit. |
|
(c) The person must certify in the notice that before the |
|
acquisition closing date: |
|
(1) the person was not responsible for the scope of the |
|
environmental, health, or safety compliance being audited at the |
|
regulated facility or operation; |
|
(2) the person did not have the largest ownership |
|
share of the seller; |
|
(3) the seller did not have the largest ownership |
|
share of the person; and |
|
(4) the person and the seller did not have a common |
|
corporate parent or a common majority interest owner. (Acts 74th |
|
Leg., R.S., Ch. 219, Sec. 10(g-1).) |
|
Sec. 1101.156. IDENTIFICATION OF VIOLATION IN COMPLIANCE |
|
HISTORY REPORT. A violation that has been voluntarily disclosed |
|
and to which immunity applies under this subchapter must be |
|
identified in a compliance history report as being voluntarily |
|
disclosed. (Acts 74th Leg., R.S., Ch. 219, Sec. 10(i).) |
|
Sec. 1101.157. EXCEPTION TO IMMUNITY: CERTAIN VIOLATIONS |
|
AND OFFENSES; IMPOSITION OF PENALTY; MITIGATING FACTORS. (a) The |
|
immunity established by this subchapter does not apply and an |
|
administrative or civil penalty may be imposed under applicable law |
|
if: |
|
(1) the person who made the disclosure intentionally |
|
or knowingly committed or was responsible within the meaning of |
|
Section 7.02, Penal Code, for the commission of the disclosed |
|
violation; |
|
(2) the person who made the disclosure recklessly |
|
committed or was responsible within the meaning of Section 7.02, |
|
Penal Code, for the commission of the disclosed violation and the |
|
violation resulted in substantial injury to one or more persons at |
|
the site or off-site harm to persons, property, or the environment; |
|
(3) the offense was committed intentionally or |
|
knowingly by a member of the person's management or an agent of the |
|
person and the person's policies or lack of prevention systems |
|
contributed materially to the occurrence of the violation; |
|
(4) the offense was committed recklessly by a member |
|
of the person's management or an agent of the person, the person's |
|
policies or lack of prevention systems contributed materially to |
|
the occurrence of the violation, and the violation resulted in |
|
substantial injury to one or more persons at the site or off-site |
|
harm to persons, property, or the environment; or |
|
(5) the violation has resulted in a substantial |
|
economic benefit that gives the violator a clear advantage over its |
|
business competitors. |
|
(b) A penalty that is imposed under Subsection (a) should, |
|
to the extent appropriate, be mitigated by factors such as: |
|
(1) the voluntariness of the disclosure; |
|
(2) efforts by the disclosing party to conduct |
|
environmental or health and safety audits; |
|
(3) remediation; |
|
(4) cooperation with government officials |
|
investigating the disclosed violation; |
|
(5) the period of ownership of the regulated facility |
|
or operation; or |
|
(6) other relevant considerations. (Acts 74th Leg., |
|
R.S., Ch. 219, Secs. 10(d), (e).) |
|
Sec. 1101.158. EXCEPTION TO IMMUNITY: VIOLATIONS THAT |
|
CONSTITUTE PATTERN OF DISREGARD OF ENVIRONMENTAL OR HEALTH AND |
|
SAFETY LAWS. (a) The immunity established by this subchapter does |
|
not apply if a court or administrative law judge finds that the |
|
person claiming the immunity has, after May 23, 1995, repeatedly or |
|
continuously committed significant violations and not attempted to |
|
bring the facility or operation into compliance, so as to |
|
constitute a pattern of disregard of environmental or health and |
|
safety laws. |
|
(b) For violations committed by a person to be considered a |
|
"pattern" under Subsection (a), the person must have committed a |
|
series of violations that were due to separate and distinct events |
|
occurring within a three-year period at the same facility or |
|
operation. (Acts 74th Leg., R.S., Ch. 219, Sec. 10(h).) |
|
(b) The Texas Environmental, Health, and Safety Audit |
|
Privilege Act (Article 4447cc, Vernon's Texas Civil Statutes) is |
|
repealed. |
|
(c) Section 552.125, Government Code, is amended to read as |
|
follows: |
|
Sec. 552.125. EXCEPTION: CERTAIN AUDITS. Any documents or |
|
information privileged under Chapter 1101, Health and Safety Code, |
|
[the Texas Environmental, Health, and Safety Audit Privilege Act] |
|
are excepted from the requirements of Section 552.021. |
|
(d) Section 5.125(a), Water Code, is amended to read as |
|
follows: |
|
(a) In this section, "environmental compliance assessment" |
|
means an environmental compliance audit, pollution prevention |
|
assessment, or environmental management system audit performed by a |
|
small business. The term does not include an audit conducted under |
|
Chapter 1101, Health and Safety Code [the Texas Environmental,
|
|
Health, and Safety Audit Privilege Act (Article 4447cc, Vernon's
|
|
Texas Civil Statutes)]. |
|
SECTION 20.003. Section 2, Chapter 7 (S.B. 80), Acts of the |
|
69th Legislature, Regular Session, 1985 (Article 6819a-55, |
|
Vernon's Texas Civil Statutes), is repealed as executed. |
|
SECTION 20.004. (a) Subtitle C, Title 10, Local Government |
|
Code, is amended to codify the Cultural Education Facilities |
|
Finance Corporation Act (Article 1528m, Vernon's Texas Civil |
|
Statutes) by adding Chapter 337 to read as follows: |
|
CHAPTER 337. CULTURAL EDUCATION FACILITIES FINANCE CORPORATION |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 337.001. SHORT TITLE. This chapter may be cited as the |
|
Cultural Education Facilities Finance Corporation Act. (Acts 69th |
|
Leg., R.S., Ch. 635, Sec. 1.) |
|
Sec. 337.002. LEGISLATIVE FINDINGS. The legislature finds |
|
that: |
|
(1) the health, education, and general welfare of the |
|
people of this state require the development of new and expanded |
|
cultural and community facilities for the purpose of: |
|
(A) exhibition and promotion of and education |
|
about: |
|
(i) performing, dramatic, visual, and |
|
literary arts; |
|
(ii) culture and history of races, ethnic |
|
groups, and national heritage groups; and |
|
(iii) history, natural history, and |
|
science; |
|
(B) promotion of and education about health and |
|
physical fitness, public health and safety, conservation and |
|
preservation of the environment or natural resources, child care, |
|
adoption, children's services, substance abuse counseling, family |
|
counseling, and care of persons who are elderly or have |
|
disabilities; |
|
(C) administration of the provision and granting |
|
of charitable services and grants in accomplishment of the purposes |
|
described by Paragraph (B); |
|
(D) promotion of and education about activities |
|
devoted to general cultural improvement, including scouting |
|
programs and programs by which agencies seek to provide facilities |
|
for retreats in urban or rural settings; |
|
(E) support of agencies devoted to the |
|
eradication, elimination, or amelioration of one or more diseases |
|
or afflictions affecting health or improving the condition of |
|
individuals or groups within a community; and |
|
(F) provision of public health and safety and |
|
charitable services to communities in times of catastrophe or |
|
disaster; |
|
(2) the existence, development, and expansion of |
|
cultural facilities are essential to the continuing education, |
|
health, general welfare, and comfort of the citizens of this state; |
|
(3) the means and measures authorized and the |
|
assistance provided by this chapter are in the public interest and |
|
serve a public purpose in promoting the health, education, and |
|
general welfare of the people of this state by securing and |
|
maintaining cultural facilities and the resulting advancement of |
|
culture and civilization; |
|
(4) qualified cultural organizations in this state |
|
have invested substantial funds in useful and beneficial cultural |
|
facilities and have experienced difficulty in undertaking |
|
additional projects because of: |
|
(A) the partial inadequacy of their own funds or |
|
of funds potentially available from local subscription sources; and |
|
(B) limitations of local financial institutions |
|
in providing necessary financing for these facilities; |
|
(5) qualified nonprofit corporations in this state |
|
have invested substantial funds in useful and beneficial cultural |
|
facilities and have experienced difficulty in undertaking |
|
additional projects because of: |
|
(A) the inadequacy of their own funds or of funds |
|
potentially available from local subscription sources; and |
|
(B) limitations of local financial institutions |
|
in providing necessary financing for these facilities; and |
|
(6) the enactment of this chapter will: |
|
(A) secure for present and future generations the |
|
benefits and nurturance derived from these cultural facilities; and |
|
(B) enhance the public health and welfare of |
|
communities receiving the benefit of the cultural facilities. |
|
(Acts 69th Leg., R.S., Ch. 635, Sec. 2(a).) |
|
Sec. 337.003. CONSTRUCTION. (a) This chapter shall be |
|
liberally construed to carry out the intention of the legislature. |
|
(b) If this chapter conflicts with a provision of another |
|
law, this chapter prevails. |
|
(c) It is the intent of the legislature that a corporation |
|
authorized under this chapter is a public corporation, constituted |
|
authority, and instrumentality authorized to issue bonds on behalf |
|
of the municipality or county on behalf of which the corporation is |
|
created, all within the meaning of Section 103, Internal Revenue |
|
Code of 1986, and the regulations adopted and rulings issued under |
|
that section, and this chapter shall be construed accordingly. |
|
(Acts 69th Leg., R.S., Ch. 635, Secs. 2(b), 5(a), (b) (part).) |
|
Sec. 337.004. DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of a |
|
corporation. |
|
(2) "Bond" means a bond, note, interim certificate, or |
|
other evidence of indebtedness of a corporation issued under this |
|
chapter. |
|
(3) "Corporation" means a cultural education |
|
facilities finance corporation created under this chapter. |
|
(4) "Cost," as applied to a cultural facility, means |
|
the cost of the cultural facility, including: |
|
(A) the cost of the acquisition of land or a |
|
right-of-way, an option to purchase land, an easement, a leasehold |
|
estate in land, or another interest in land related to the cultural |
|
facility; |
|
(B) the cost of acquisition, construction, |
|
repair, renovation, remodeling, or improvement of a building or |
|
structure to be used as or in conjunction with the cultural |
|
facility; |
|
(C) the cost of site preparation, including the |
|
cost of demolishing or removing a building or structure the removal |
|
of which is necessary or incident to providing the cultural |
|
facility; |
|
(D) the cost of architectural, engineering, |
|
legal, and related services; the cost of the preparation of a plan, |
|
specification, study, survey, or estimate of cost and revenue; and |
|
other expenses necessary or incident to planning, providing, or |
|
determining the feasibility and practicability of the cultural |
|
facility; |
|
(E) the cost of machinery, equipment, |
|
furnishings, and facilities necessary or incident to the equipping |
|
of the cultural facility so that the cultural facility may be placed |
|
in operation; |
|
(F) the cost of finance charges, interest, |
|
marketing, and start-up of the cultural facility before and during |
|
construction and for not more than two years after completion of |
|
construction; |
|
(G) costs paid or incurred in connection with the |
|
financing of the cultural facility, including out-of-pocket |
|
expenses; bond insurance; a letter of credit, standby bond |
|
purchase agreement, or liquidity facility; financing, legal, |
|
accounting, financial advisory, and appraisal fees; expenses and |
|
disbursements; a policy of title insurance; printing, engraving, |
|
and reproduction services; and the initial or acceptance fee of a |
|
trustee, paying agent, remarketing agent, tender agent, or indexing |
|
agent; and |
|
(H) direct and indirect costs of the corporation |
|
incurred in connection with providing the cultural facility, |
|
including reasonable sums to reimburse the corporation for time |
|
spent by the corporation's agents or employees in providing and |
|
financing the cultural facility. |
|
(5) "Cultural facility" means any capital expenditure |
|
by a user. The term includes: |
|
(A) real property or an interest in real |
|
property, including buildings and improvements, or equipment, |
|
furnishings, or other personal property that: |
|
(i) is found by the board to be necessary or |
|
convenient to finance, refinance, acquire, construct, enlarge, |
|
remodel, renovate, improve, furnish, or equip for cultural |
|
education or community benefit; |
|
(ii) is made available for use by the |
|
general public, the user, or a community group; and |
|
(iii) is used for a purpose described by |
|
Section 337.002(1); |
|
(B) a facility in which any of the following |
|
entities engage in any activity in which the entity is permitted to |
|
engage: |
|
(i) a nonprofit corporation exempt from the |
|
franchise tax under Section 171.063, Tax Code; |
|
(ii) an organization described in Section |
|
11.18, Tax Code; or |
|
(iii) an organization described in Section |
|
501(c)(3), Internal Revenue Code of 1986; and |
|
(C) facilities incidental, subordinate, or |
|
related to or appropriate in connection with property described by |
|
Paragraph (A) or (B), regardless of the date of construction or |
|
acquisition. |
|
(6) "Furnishings" include works of art, books, |
|
artifacts, scientific instruments, stage sets, musical scores, |
|
collections, and other property necessary or useful for the |
|
purposes of the cultural facility. |
|
(7) "User" means a nonprofit corporation exempt from |
|
the franchise tax under Section 171.063, Tax Code, an organization |
|
described in Section 11.18, Tax Code, or an organization described |
|
in Section 501(c)(3), Internal Revenue Code of 1986, that will own, |
|
use, operate, or develop a cultural facility after the financing, |
|
acquisition, or construction of the cultural facility. (Acts 69th |
|
Leg., R.S., Ch. 635, Secs. 3(1), (2), (3), (4), (5), (8), (9).) |
|
Sec. 337.005. ADOPTION OF ALTERNATE PROCEDURE. If a |
|
procedure under this chapter is held by a court to be |
|
unconstitutional, a corporation by resolution may provide an |
|
alternate procedure conforming to the constitution. (Acts 69th |
|
Leg., R.S., Ch. 635, Sec. 5(b) (part).) |
|
SUBCHAPTER B. CREATION AND OPERATION OF CORPORATION |
|
Sec. 337.011. AUTHORITY TO CREATE. (a) A municipality or |
|
county may create a nonmember, nonstock, public, cultural |
|
educational facilities finance corporation for the sole purpose of |
|
acquiring, constructing, providing, improving, financing, and |
|
refinancing cultural facilities for the public purposes stated in |
|
this chapter. |
|
(b) The municipality or county shall create and organize the |
|
corporation in the same manner as a health facilities development |
|
corporation is created and organized under Chapter 221, Health and |
|
Safety Code. (Acts 69th Leg., R.S., Ch. 635, Secs. 4(a), (b) |
|
(part).) |
|
Sec. 337.012. GENERAL POWERS. (a) A corporation has the |
|
same powers, authority, and rights: |
|
(1) with respect to cultural facilities and health |
|
facilities that a health facilities development corporation has |
|
with respect to health facilities under Chapter 221, Health and |
|
Safety Code; and |
|
(2) with respect to educational facilities, housing |
|
facilities, and other facilities incidental, subordinate, or |
|
related to those facilities that a nonprofit corporation created |
|
under Section 53.35(b), Education Code, or an authority created |
|
under Section 53.11, Education Code, has under Chapter 53, |
|
Education Code. |
|
(b) Except as provided by this chapter, a corporation has |
|
the same rights and powers as a corporation organized under the |
|
former Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., |
|
Vernon's Texas Civil Statutes) or formed under the Texas Nonprofit |
|
Corporation Law, as described by Section 1.008(d), Business |
|
Organizations Code. |
|
(c) The powers of a corporation under Subsection (a) include |
|
the power to: |
|
(1) acquire, purchase, lease, mortgage, and convey |
|
property with respect to a facility; |
|
(2) borrow money by issuing bonds, notes, and other |
|
obligations; |
|
(3) lend money for the corporation's corporate |
|
purposes; |
|
(4) invest and reinvest the corporation's funds; and |
|
(5) secure the corporation's bonds, notes, and |
|
obligations by mortgaging, pledging, assigning, or otherwise |
|
encumbering the corporation's property or assets. |
|
(d) Except as otherwise provided by this chapter, any bonds, |
|
notes, or other obligations authorized under Subsection (c) must be |
|
issued in accordance with Chapter 1201, Government Code. (Acts |
|
69th Leg., R.S., Ch. 635, Secs. 4(b) (part), (c), 5(c).) |
|
Sec. 337.013. SCOPE OF AUTHORITY. (a) Notwithstanding any |
|
provision of Chapter 221, Health and Safety Code, or Chapter 53, |
|
Education Code, a corporation may exercise: |
|
(1) the authority of the corporation inside or outside |
|
the limits of: |
|
(A) the municipality that created the |
|
corporation if the municipality is located in a county with a |
|
population of more than 300,000; or |
|
(B) the county that created the corporation if |
|
the county has a population of more than 300,000; and |
|
(2) the powers of the corporation on behalf of a user |
|
outside of this state if the user also conducts lawful activities in |
|
this state. |
|
(b) A corporation may exercise the authority of the |
|
corporation without the consent or other action of any person that |
|
would otherwise be required under Chapter 221, Health and Safety |
|
Code, or Chapter 53, Education Code, unless the articles of |
|
incorporation or bylaws of the corporation provide differently. |
|
(Acts 69th Leg., R.S., Ch. 635, Secs. 4(d) (part), (e).) |
|
Sec. 337.014. LIMITATION ON AUTHORITY. The authority of a |
|
corporation may not preempt the police powers of any sponsoring |
|
entity or any other laws regulating or empowering sponsoring |
|
entities to regulate the activities of the corporation. (Acts 69th |
|
Leg., R.S., Ch. 635, Sec. 4(d) (part).) |
|
Sec. 337.015. LIMITATION ON CORPORATE PURPOSES. (a) A |
|
municipality or county that creates a corporation may limit the |
|
corporation's purposes in the proceedings directing the creation of |
|
the corporation by prohibiting the corporation from financing |
|
particular types of cultural facilities, including a cultural |
|
facility to be used for a purpose specified in the proceedings. |
|
(b) As a condition of providing financing, a corporation may |
|
restrict a person receiving financing from using a cultural |
|
facility for a particular purpose. |
|
(c) A restriction imposed by a municipality or county on a |
|
corporation may be enforced by the governing body of the sponsoring |
|
entity by injunction or mandamus. |
|
(d) A violation of a restriction by a corporation may not |
|
impair the validity of an obligation incurred by the corporation. |
|
(Acts 69th Leg., R.S., Ch. 635, Sec. 4A.) |
|
(b) The Cultural Education Facilities Finance Corporation |
|
Act (Article 1528m, Vernon's Texas Civil Statutes) is repealed. |
|
ARTICLE 21. NONSUBSTANTIVE REVISION OF SUBCHAPTER E, CHAPTER 39, |
|
AND SECTION 39.152, EDUCATION CODE: PROVISIONS RELATING TO PUBLIC |
|
SCHOOL ACCOUNTABILITY INTERVENTIONS AND SANCTIONS |
|
SECTION 21.001. Subtitle H, Title 2, Education Code, is |
|
amended by adding Chapter 39A to read as follows: |
|
CHAPTER 39A. ACCOUNTABILITY INTERVENTIONS AND SANCTIONS |
|
SUBCHAPTER A. INTERVENTIONS AND SANCTIONS FOR SCHOOL DISTRICTS |
|
Sec. 39A.001. GROUNDS FOR COMMISSIONER ACTION. The |
|
commissioner shall take any of the actions authorized by this |
|
subchapter to the extent the commissioner determines necessary if: |
|
(1) a school district does not satisfy: |
|
(A) the accreditation criteria under Section |
|
39.052; |
|
(B) the academic performance standards under |
|
Section 39.053 or 39.054; or |
|
(C) any financial accountability standard as |
|
determined by commissioner rule; or |
|
(2) the commissioner considers the action to be |
|
appropriate on the basis of a special accreditation investigation |
|
under Section 39.057. (Ed. Code, Sec. 39.102(a) (part).) |
|
Sec. 39A.002. AUTHORIZED COMMISSIONER ACTIONS. If a school |
|
district is subject to commissioner action under Section 39A.001, |
|
the commissioner may: |
|
(1) issue public notice of the deficiency to the board |
|
of trustees of the district; |
|
(2) order a hearing to be conducted by the board of |
|
trustees of the district to notify the public of: |
|
(A) the insufficient performance; |
|
(B) the improvements in performance expected by |
|
the agency; and |
|
(C) the interventions and sanctions that may be |
|
imposed under this subchapter if the performance does not improve; |
|
(3) order the preparation of a student achievement |
|
improvement plan that addresses each academic achievement |
|
indicator under Section 39.053(c) for which the district's |
|
performance is insufficient, the submission of the plan to the |
|
commissioner for approval, and the implementation of the plan; |
|
(4) order a hearing to be held before the commissioner |
|
or the commissioner's designee at which the president of the board |
|
of trustees of the district and the district's superintendent shall |
|
appear and explain the district's low performance, lack of |
|
improvement, and plans for improvement; |
|
(5) arrange a monitoring review of the district; |
|
(6) appoint an agency monitor to participate in and |
|
report to the agency on the activities of the board of trustees of |
|
the district or superintendent; |
|
(7) appoint a conservator to oversee the operations of |
|
the district; or |
|
(8) appoint a management team to direct the operations |
|
of the district in areas of insufficient performance or require the |
|
district to obtain certain services under a contract with another |
|
person. (Ed. Code, Sec. 39.102(a) (part).) |
|
Sec. 39A.003. POWERS AND DUTIES OF CONSERVATOR OR |
|
MANAGEMENT TEAM. (a) The commissioner shall clearly define the |
|
powers and duties of a conservator or management team appointed to |
|
oversee the operations of a school district. |
|
(b) At least every 90 days, the commissioner shall review |
|
the need for the conservator or management team and shall remove the |
|
conservator or management team unless the commissioner determines |
|
that continued appointment is necessary for effective governance of |
|
the school district or delivery of instructional services. |
|
(c) A conservator or management team, if directed by the |
|
commissioner, shall prepare a plan for the implementation of the |
|
appointment of a board of managers under Section 39A.004 or the |
|
revocation of accreditation under Section 39A.005. The conservator |
|
or management team: |
|
(1) may direct an action to be taken by the principal |
|
of a campus, the superintendent of the school district, or the board |
|
of trustees of the district; |
|
(2) may approve or disapprove any action of the |
|
principal of a campus, the superintendent of the district, or the |
|
board of trustees of the district; |
|
(3) may not take any action concerning a district |
|
election, including ordering or canceling an election or altering |
|
the date of or the polling places for an election; |
|
(4) may not change the number of or method of selecting |
|
the board of trustees; |
|
(5) may not set a tax rate for the district; and |
|
(6) may not adopt a budget for the district that |
|
provides for spending a different amount, exclusive of required |
|
debt service, from that previously adopted by the board of |
|
trustees. (Ed. Code, Sec. 39.111.) |
|
Sec. 39A.004. APPOINTMENT OF BOARD OF MANAGERS. The |
|
commissioner may appoint a board of managers to exercise the powers |
|
and duties of a school district's board of trustees if the district |
|
is subject to commissioner action under Section 39A.001 and: |
|
(1) has a current accreditation status of |
|
accredited-warned or accredited-probation; |
|
(2) fails to satisfy any standard under Section |
|
39.054(e); or |
|
(3) fails to satisfy financial accountability |
|
standards as determined by commissioner rule. (Ed. Code, Sec. |
|
39.102(a) (part).) |
|
Sec. 39A.005. REVOCATION OF SCHOOL DISTRICT ACCREDITATION. |
|
(a) This section applies to a school district if the district is |
|
subject to commissioner action under Section 39A.001, and for two |
|
consecutive school years, including the current school year, the |
|
district has: |
|
(1) received an accreditation status of |
|
accredited-warned or accredited-probation; |
|
(2) failed to satisfy any standard under Section |
|
39.054(e); or |
|
(3) failed to satisfy financial accountability |
|
standards as determined by commissioner rule. |
|
(b) The commissioner may revoke the accreditation of a |
|
school district subject to this section and: |
|
(1) order closure of the district and annex the |
|
district to one or more adjoining districts under Section 13.054; |
|
or |
|
(2) in the case of a home-rule school district or |
|
open-enrollment charter school, order closure of all programs |
|
operated under the district's or school's charter. (Ed. Code, Sec. |
|
39.102(a) (part).) |
|
Sec. 39A.006. BOARD OF MANAGERS FOR SCHOOL DISTRICT MANAGED |
|
BY CONSERVATOR OR MANAGEMENT TEAM. (a) This section applies |
|
regardless of whether a school district has satisfied the |
|
accreditation criteria. |
|
(b) If for two consecutive school years, including the |
|
current school year, a school district has had a conservator or |
|
management team assigned, the commissioner may appoint a board of |
|
managers to exercise the powers and duties of the board of trustees |
|
of the district. |
|
(c) The majority of a board of managers appointed under this |
|
section must be residents of the school district. (Ed. Code, Sec. |
|
39.102(b).) |
|
Sec. 39A.007. INTERVENTION TO IMPROVE HIGH SCHOOL |
|
COMPLETION RATE. (a) This section applies to a school district if |
|
the district is subject to commissioner action under Section |
|
39A.001 and the district has failed to satisfy any standard under |
|
Section 39.054(e) because of the district's dropout rates. |
|
(b) The commissioner may impose against a school district |
|
subject to this section sanctions designed to improve high school |
|
completion rates, including: |
|
(1) ordering the development of a dropout prevention |
|
plan for approval by the commissioner; |
|
(2) restructuring the district or appropriate school |
|
campuses to improve identification of and service to students who |
|
are at risk of dropping out of school, as defined by Section 29.081; |
|
(3) ordering lower student-to-counselor ratios on |
|
school campuses with high dropout rates; and |
|
(4) ordering the use of any other intervention |
|
strategy effective in reducing dropout rates, including mentor |
|
programs and flexible class scheduling. (Ed. Code, Sec. 39.102(a) |
|
(part).) |
|
SUBCHAPTER B. CAMPUS INTERVENTION TEAM; TARGETED IMPROVEMENT PLAN |
|
Sec. 39A.051. ACTIONS BASED ON CAMPUS PERFORMANCE. (a) If |
|
the performance of a campus is below any standard under Section |
|
39.054(e), the commissioner shall: |
|
(1) take actions, to the extent the commissioner |
|
determines necessary, as provided by this chapter; and |
|
(2) assign a campus intervention team. |
|
(b) For a campus described by Subsection (a), the |
|
commissioner, to the extent the commissioner determines necessary, |
|
may: |
|
(1) order a hearing to be held before the commissioner |
|
or the commissioner's designee at which the president of the board |
|
of trustees of the school district, the district superintendent, |
|
and the campus principal shall appear and explain the campus's low |
|
performance, lack of improvement, and plans for improvement; or |
|
(2) establish a school community partnership team |
|
composed of members of the campus-level planning and |
|
decision-making committee established under Section 11.251 and |
|
additional community representatives as determined appropriate by |
|
the commissioner. (Ed. Code, Secs. 39.103(a), (b), 39.106(a) |
|
(part).) |
|
Sec. 39A.052. CAMPUS INTERVENTION TEAM MEMBERS. A campus |
|
intervention team assigned by the commissioner under Section |
|
39A.051 may include teachers, principals, other educational |
|
professionals, and superintendents recognized for excellence in |
|
their roles and appointed by the commissioner to serve as members of |
|
a team. (Ed. Code, Sec. 39.113.) |
|
Sec. 39A.053. ON-SITE NEEDS ASSESSMENT. (a) A campus |
|
intervention team shall: |
|
(1) conduct, with the involvement and advice of the |
|
school community partnership team, if applicable: |
|
(A) if the commissioner determines necessary, a |
|
comprehensive on-site needs assessment, using the procedures |
|
provided by Subsection (c); or |
|
(B) a targeted on-site needs assessment relevant |
|
to an area of insufficient performance of the campus as provided by |
|
Subsection (d); and |
|
(2) recommend appropriate actions as provided by |
|
Section 39A.054. |
|
(b) An on-site needs assessment required by Subsection (a) |
|
must determine the factors resulting in the campus's low |
|
performance and lack of progress, including the contributing |
|
education-related factors. |
|
(c) In conducting a comprehensive on-site needs assessment, |
|
the campus intervention team shall use each of the following |
|
guidelines and procedures: |
|
(1) an assessment of the staff to determine: |
|
(A) the percentage of certified teachers who are |
|
teaching in their field; |
|
(B) the percentage of teachers who are certified; |
|
(C) the number of teachers with more than three |
|
years of experience; and |
|
(D) the rate of teacher retention; |
|
(2) a determination of compliance with the appropriate |
|
class-size rules and the number of class-size waivers received; |
|
(3) an assessment of the quality, quantity, and |
|
appropriateness of instructional materials, including the |
|
availability of technology-based instructional materials; |
|
(4) a report on the parental involvement strategies |
|
and the effectiveness of the strategies; |
|
(5) an assessment of the extent and quality of the |
|
mentoring program provided for: |
|
(A) new teachers on the campus; and |
|
(B) experienced teachers on the campus who have |
|
less than two years of teaching experience in the subject or grade |
|
level to which the teacher is assigned; |
|
(6) an assessment of the type and quality of the |
|
professional development provided to the staff; |
|
(7) a demographic analysis of the student population, |
|
including student demographics, at-risk populations, and special |
|
education percentages; |
|
(8) a report of disciplinary incidents and school |
|
safety information; |
|
(9) financial and accounting practices; |
|
(10) an assessment of the appropriateness of the |
|
curriculum and teaching strategies; |
|
(11) a comparison of the findings from Subdivisions |
|
(1) through (10) to other campuses serving the same grade levels in |
|
the school district or to other campuses in the campus's comparison |
|
group if there are no other campuses in the district serving the |
|
same grade levels as the campus; and |
|
(12) any other research-based data or information |
|
obtained from a data collection process that would assist the |
|
campus intervention team in: |
|
(A) recommending an action under Section |
|
39A.054; and |
|
(B) executing a targeted improvement plan under |
|
Section 39A.059. |
|
(d) In conducting a targeted on-site needs assessment, the |
|
campus intervention team shall use the appropriate guidelines and |
|
procedures described by Subsection (c) relevant to each area of |
|
insufficient performance. (Ed. Code, Secs. 39.106(a) (part), (b).) |
|
Sec. 39A.054. CAMPUS INTERVENTION TEAM RECOMMENDATIONS. On |
|
completing the on-site needs assessment required under Section |
|
39A.053, the campus intervention team shall, with the involvement |
|
and advice of the school community partnership team, if applicable, |
|
recommend actions relating to any area of insufficient performance, |
|
including: |
|
(1) reallocation of resources; |
|
(2) technical assistance; |
|
(3) changes in school procedures or operations; |
|
(4) staff development for instructional and |
|
administrative staff; |
|
(5) intervention for individual administrators or |
|
teachers; |
|
(6) waivers from state statutes or rules; |
|
(7) teacher recruitment or retention strategies and |
|
incentives provided by the school district to attract and retain |
|
teachers with the characteristics included in Sections |
|
39A.053(c)(1)(A)-(C); or |
|
(8) other actions the campus intervention team |
|
considers appropriate. (Ed. Code, Sec. 39.106(c).) |
|
Sec. 39A.055. TARGETED IMPROVEMENT PLAN. In addition to |
|
the campus intervention team duties under Sections 39A.053 and |
|
39A.054 relating to the on-site needs assessment, the campus |
|
intervention team shall: |
|
(1) assist the campus in developing a targeted |
|
improvement plan; |
|
(2) conduct a public meeting at the campus with the |
|
campus principal, the members of the campus-level planning and |
|
decision-making committee established under Section 11.251, |
|
parents of students attending the campus, and community members |
|
residing in the school district to review the campus performance |
|
rating and solicit input for the development of the targeted |
|
improvement plan; |
|
(3) assist the campus in submitting the targeted |
|
improvement plan to the board of trustees of the district for |
|
approval and presenting the plan in a public hearing as provided by |
|
Section 39A.057; and |
|
(4) assist the commissioner in monitoring the progress |
|
of the campus in executing the targeted improvement plan. (Ed. |
|
Code, Sec. 39.106(a) (part).) |
|
Sec. 39A.056. NOTICE OF PUBLIC MEETING FOR DEVELOPMENT OF |
|
TARGETED IMPROVEMENT PLAN. (a) The campus intervention team must: |
|
(1) provide written notice of the public meeting |
|
required by Section 39A.055(2) to the parents of students attending |
|
the campus; and |
|
(2) post notice of the meeting on the campus's Internet |
|
website. |
|
(b) The notice required by this section must include the |
|
date, time, and place of the meeting. (Ed. Code, Sec. 39.106(a-1).) |
|
Sec. 39A.057. HEARING FOR TARGETED IMPROVEMENT PLAN. (a) |
|
After a targeted improvement plan or an updated targeted |
|
improvement plan is submitted to the board of trustees of the school |
|
district, the board shall conduct a hearing to: |
|
(1) notify the public of: |
|
(A) the insufficient performance of the campus; |
|
(B) the improvements in performance expected by |
|
the agency; and |
|
(C) the intervention measures or sanctions that |
|
may be imposed under this chapter if the performance does not |
|
improve within a designated period; and |
|
(2) solicit public comment on the targeted improvement |
|
plan or updated targeted improvement plan. |
|
(b) The board of trustees of the school district must post |
|
the targeted improvement plan on the district's Internet website |
|
before the hearing. |
|
(c) The board of trustees of the school district may conduct |
|
one hearing relating to one or more campuses subject to a targeted |
|
improvement plan or an updated targeted improvement plan. (Ed. |
|
Code, Sec. 39.106(e-1) (part).) |
|
Sec. 39A.058. SUBMISSION OF TARGETED IMPROVEMENT PLAN TO |
|
COMMISSIONER. The board of trustees of the school district shall |
|
submit the targeted improvement plan or updated targeted |
|
improvement plan to the commissioner for approval. The campus |
|
intervention team shall assist the campus in submitting the |
|
targeted improvement plan to the commissioner. (Ed. Code, Secs. |
|
39.106(d), (e-1) (part).) |
|
Sec. 39A.059. EXECUTING TARGETED IMPROVEMENT PLAN. In |
|
executing the targeted improvement plan, the campus intervention |
|
team shall, if appropriate: |
|
(1) assist the campus in implementing research-based |
|
practices for curriculum development and classroom instruction, |
|
including bilingual education and special education programs, and |
|
financial management; |
|
(2) provide research-based technical assistance, |
|
including data analysis, academic deficiency identification, |
|
intervention implementation, and budget analysis, to strengthen |
|
and improve the instructional programs at the campus; and |
|
(3) require the school district to develop a teacher |
|
recruitment and retention plan to address the qualifications and |
|
retention of the teachers at the campus. (Ed. Code, Sec. |
|
39.106(d-3).) |
|
Sec. 39A.060. CAMPUS INTERVENTION TEAM CONTINUING DUTIES. |
|
For each year a campus is assigned an unacceptable performance |
|
rating, the campus intervention team shall: |
|
(1) continue to work with the campus until: |
|
(A) the campus satisfies all performance |
|
standards under Section 39.054(e) for a two-year period; or |
|
(B) the campus satisfies all performance |
|
standards under Section 39.054(e) for a one-year period and the |
|
commissioner determines that the campus is operating and will |
|
continue to operate in a manner that improves student achievement; |
|
(2) assist in updating the targeted improvement plan |
|
to identify and analyze areas of growth and areas that require |
|
improvement; and |
|
(3) submit each updated targeted improvement plan |
|
described by Subdivision (2) to the board of trustees of the school |
|
district. (Ed. Code, Sec. 39.106(e).) |
|
Sec. 39A.061. SATISFACTION OF CERTAIN REQUIREMENTS RELATED |
|
TO CAMPUS PLANNING AND SITE-BASED DECISION-MAKING. (a) The |
|
commissioner may authorize a school community partnership team |
|
established under Section 39A.051 to supersede the authority of and |
|
satisfy the requirements of establishing and maintaining a |
|
campus-level planning and decision-making committee under |
|
Subchapter F, Chapter 11. |
|
(b) The commissioner may authorize a targeted improvement |
|
plan or an updated targeted improvement plan to supersede the |
|
provisions of and satisfy the requirements of developing, |
|
reviewing, and revising a campus improvement plan under Subchapter |
|
F, Chapter 11. (Ed. Code, Secs. 39.106(d-1), (d-2).) |
|
Sec. 39A.062. SUBMISSION OF CAMPUS IMPROVEMENT PLAN IN |
|
CERTAIN CIRCUMSTANCES. (a) This section applies if the |
|
performance of a campus satisfies performance standards under |
|
Section 39.054(e) for the current school year but would not satisfy |
|
performance standards under Section 39.054(e) if the standards to |
|
be used for the following school year were applied to the current |
|
school year. |
|
(b) On the request of the commissioner, the campus-level |
|
planning and decision-making committee established under Section |
|
11.251 shall revise and submit to the commissioner the portions of |
|
the campus improvement plan developed under Section 11.253 that are |
|
relevant to those areas for which the campus would not satisfy |
|
performance standards. The revised portions of the improvement |
|
plan must be submitted in an electronic format. (Ed. Code, Sec. |
|
39.105(a).) |
|
Sec. 39A.063. COMPLIANCE THROUGH INTERVENTION UNDER |
|
FEDERAL ACCOUNTABILITY. Notwithstanding the provisions of this |
|
chapter, if the commissioner determines that a campus subject to |
|
interventions or sanctions under this chapter has implemented |
|
substantially similar intervention measures under federal |
|
accountability requirements, the commissioner may accept the |
|
substantially similar intervention measures as measures in |
|
compliance with this chapter. (Ed. Code, Sec. 39.103(c).) |
|
SUBCHAPTER C. CAMPUS TURNAROUND PLAN |
|
Sec. 39A.101. ORDER FOR PREPARATION OF CAMPUS TURNAROUND |
|
PLAN. (a) If a campus has been identified as unacceptable for two |
|
consecutive school years, the commissioner shall order the campus |
|
to prepare and submit a campus turnaround plan. |
|
(b) The commissioner shall by rule establish procedures |
|
governing the time and manner in which the campus must submit the |
|
campus turnaround plan. |
|
(c) A campus intervention team shall assist the campus in: |
|
(1) developing an updated targeted improvement plan, |
|
including a campus turnaround plan to be implemented by the campus; |
|
(2) submitting the updated targeted improvement plan |
|
to the board of trustees of the school district for approval and |
|
presenting the plan in a public hearing as provided by Section |
|
39A.057; |
|
(3) obtaining approval of the updated plan from the |
|
commissioner; and |
|
(4) executing the updated plan on approval by the |
|
commissioner. |
|
(d) The updated targeted improvement plan submitted to the |
|
board of trustees of a school district under Subsection (c) must |
|
include all plans and details that are required to execute the |
|
campus turnaround plan without any additional action or approval by |
|
the board of trustees. (Ed. Code, Secs. 39.107(a), (a-1), (b-3).) |
|
Sec. 39A.102. IMPLEMENTATION OF UPDATED TARGETED |
|
IMPROVEMENT PLAN. (a) A campus subject to Section 39A.101 shall |
|
implement the updated targeted improvement plan as approved by the |
|
commissioner. |
|
(b) The commissioner may appoint a monitor, conservator, |
|
management team, or board of managers to the school district to |
|
ensure and oversee district-level support to low-performing |
|
campuses and the implementation of the updated targeted improvement |
|
plan. |
|
(c) In making appointments under Subsection (b), the |
|
commissioner shall consider individuals who have demonstrated |
|
success in managing campuses with student populations similar to |
|
the campus at which the individual appointed will serve. (Ed. Code, |
|
Sec. 39.107(c).) |
|
Sec. 39A.103. NOTICE OF CAMPUS TURNAROUND PLAN. Before a |
|
campus turnaround plan is prepared and submitted for approval to |
|
the board of trustees of the school district, the district, in |
|
consultation with the campus intervention team, shall: |
|
(1) provide notice to parents, the community, and |
|
stakeholders that the campus has received an unacceptable |
|
performance rating for two consecutive years and will be required |
|
to submit a campus turnaround plan; and |
|
(2) request assistance from parents, the community, |
|
and stakeholders in developing the campus turnaround plan. (Ed. |
|
Code, Sec. 39.107(a-2).) |
|
Sec. 39A.104. PREPARATION OF CAMPUS TURNAROUND PLAN. (a) |
|
The school district, in consultation with the campus intervention |
|
team, shall prepare the campus turnaround plan and allow parents, |
|
the community, and stakeholders an opportunity to review the plan |
|
before it is submitted for approval to the board of trustees of the |
|
district. |
|
(b) The campus turnaround plan must assist the campus in |
|
implementing procedures to satisfy all performance standards |
|
required under Section 39.054(e). (Ed. Code, Sec. 39.107(b) |
|
(part).) |
|
Sec. 39A.105. CONTENTS OF CAMPUS TURNAROUND PLAN. A campus |
|
turnaround plan must include: |
|
(1) details on the method for restructuring, |
|
reforming, or reconstituting the campus; |
|
(2) a detailed description of the academic programs to |
|
be offered at the campus, including: |
|
(A) instructional methods; |
|
(B) length of school day and school year; |
|
(C) academic credit and promotion criteria; and |
|
(D) programs to serve special student |
|
populations; |
|
(3) if a district charter is to be granted for the |
|
campus under Section 12.0522: |
|
(A) the term of the charter; and |
|
(B) information on the implementation of the |
|
charter; |
|
(4) written comments from: |
|
(A) the campus-level committee established under |
|
Section 11.251, if applicable; |
|
(B) parents; and |
|
(C) teachers at the campus; and |
|
(5) a detailed description of the budget, staffing, |
|
and financial resources required to implement the plan, including |
|
any supplemental resources to be provided by the school district or |
|
other identified sources. (Ed. Code, Secs. 39.107(b) (part), |
|
(b-1).) |
|
Sec. 39A.106. DATE CAMPUS TURNAROUND PLAN TAKES EFFECT. A |
|
campus turnaround plan must take effect not later than the school |
|
year following the third consecutive school year that the campus |
|
has received an unacceptable performance rating. (Ed. Code, Sec. |
|
39.107(b-4).) |
|
Sec. 39A.107. COMMISSIONER APPROVAL OF CAMPUS TURNAROUND |
|
PLAN. (a) The commissioner may approve a campus turnaround plan |
|
only if the commissioner determines that the campus will satisfy |
|
all student performance standards required under Section 39.054(e) |
|
not later than the second year the campus receives a performance |
|
rating following the implementation of the campus turnaround plan. |
|
(b) Section 12.0522(b) does not apply to a district charter |
|
approved by the commissioner under this subchapter. A district |
|
charter approved under this subchapter may be renewed or continue |
|
in effect after the campus is no longer subject to an order under |
|
Section 39A.101. |
|
(c) If the commissioner does not approve a campus turnaround |
|
plan, the commissioner shall order: |
|
(1) appointment of a board of managers to govern the |
|
school district as provided by Section 39A.202; |
|
(2) alternative management of the campus; or |
|
(3) closure of the campus. (Ed. Code, Secs. |
|
39.107(b-8), (d).) |
|
Sec. 39A.108. IMPLEMENTATION OF CAMPUS TURNAROUND PLAN. |
|
Following approval of a campus turnaround plan by the commissioner, |
|
the school district, in consultation with the campus intervention |
|
team, may take any actions needed to prepare for the implementation |
|
of the plan. (Ed. Code, Sec. 39.107(b-5).) |
|
Sec. 39A.109. ASSISTANCE AND PARTNERSHIPS ALLOWED. A |
|
school district may: |
|
(1) request that a regional education service center |
|
provide assistance in the development and implementation of a |
|
campus turnaround plan; or |
|
(2) partner with an institution of higher education to |
|
develop and implement a campus turnaround plan. (Ed. Code, Sec. |
|
39.107(b-2).) |
|
Sec. 39A.110. CHANGE IN CAMPUS PERFORMANCE RATING. (a) If a |
|
campus for which a campus turnaround plan has been ordered under |
|
Section 39A.101 receives an acceptable performance rating for the |
|
school year following the order, the board of trustees of the school |
|
district may: |
|
(1) implement the campus turnaround plan; |
|
(2) implement a modified version of the campus |
|
turnaround plan; or |
|
(3) withdraw the campus turnaround plan. |
|
(b) A school district required to implement a campus |
|
turnaround plan may modify the plan if the campus receives an |
|
acceptable performance rating for two consecutive school years |
|
following implementation of the plan. (Ed. Code, Secs. |
|
39.107(b-6), (b-7).) |
|
Sec. 39A.111. CONTINUED UNACCEPTABLE PERFORMANCE RATING. |
|
If a campus is considered to have an unacceptable performance |
|
rating for three consecutive school years after the campus is |
|
ordered to submit a campus turnaround plan under Section 39A.101, |
|
the commissioner, subject to Section 39A.112, shall order: |
|
(1) appointment of a board of managers to govern the |
|
school district as provided by Section 39A.202; or |
|
(2) closure of the campus. (Ed. Code, Sec. 39.107(e).) |
|
Sec. 39A.112. PARENT PETITION FOR ACTION. (a) For purposes |
|
of this section, "parent" has the meaning assigned by Section |
|
12.051, and the signature of only one parent of a student is |
|
required. |
|
(b) If the commissioner is presented, in the time and manner |
|
specified by commissioner rule, with a written petition signed by |
|
the parents of a majority of the students enrolled at a campus to |
|
which Section 39A.111 applies, specifying an action authorized |
|
under that section that the parents request the commissioner to |
|
order, the commissioner shall, except as otherwise authorized by |
|
this section, order the specific action requested. |
|
(c) If the board of trustees of the school district in which |
|
the campus is located presents to the commissioner, in the time and |
|
manner specified by commissioner rule, a written request that the |
|
commissioner order specific action authorized under Section |
|
39A.111 other than the specific action requested in the parents' |
|
petition and a written explanation of the basis for the board's |
|
request, the commissioner may order the action requested by the |
|
board of trustees. (Ed. Code, Secs. 39.107(e-2), (e-3).) |
|
Sec. 39A.113. REPURPOSING OF CLOSED CAMPUS. (a) If the |
|
commissioner orders the closure of a campus under this subchapter, |
|
that campus may be repurposed to serve students at that campus |
|
location only if the commissioner: |
|
(1) finds that the repurposed campus: |
|
(A) offers a distinctly different academic |
|
program; and |
|
(B) serves a majority of grade levels not served |
|
at the original campus; and |
|
(2) approves a new campus identification number for |
|
the repurposed campus. |
|
(b) The majority of students assigned to a campus that has |
|
been closed and repurposed may not have attended that campus in the |
|
previous school year. |
|
(c) Any student assigned to a campus that has been closed |
|
must be allowed to transfer to any other campus in the school |
|
district that serves that student's grade level and on request must |
|
be provided transportation to the other campus. |
|
(d) The commissioner may grant an exemption allowing |
|
students assigned to a closed campus to attend the repurposed |
|
campus if there is no other campus in the school district at which |
|
the students may enroll. (Ed. Code, Sec. 39.107(e-1).) |
|
Sec. 39A.114. TARGETED TECHNICAL ASSISTANCE AUTHORIZED IN |
|
CERTAIN CIRCUMSTANCES. If the commissioner determines that the |
|
basis for the unacceptable performance of a campus for more than two |
|
consecutive school years is limited to a specific condition that |
|
may be remedied with targeted technical assistance, the |
|
commissioner may require the school district to contract for the |
|
appropriate technical assistance. (Ed. Code, Sec. 39.107(i).) |
|
Sec. 39A.115. RULES. The commissioner may adopt rules |
|
necessary to implement this subchapter. (Ed. Code, Sec. |
|
39.107(q).) |
|
SUBCHAPTER D. ALTERNATIVE MANAGEMENT |
|
Sec. 39A.151. SOLICITATION OF PROPOSALS FOR ALTERNATIVE |
|
MANAGEMENT. (a) If the commissioner orders alternative management |
|
of a campus under Section 39A.107, the commissioner shall solicit |
|
proposals from qualified nonprofit entities to assume management of |
|
the campus or appoint a school district as provided by Subsection |
|
(b). The commissioner may solicit proposals from qualified |
|
for-profit entities if a nonprofit entity has not responded to the |
|
commissioner's request for proposals. |
|
(b) The commissioner may appoint a school district to assume |
|
management of the campus if the district: |
|
(1) is not the district in which the campus is located; |
|
and |
|
(2) is located within the boundaries of the same |
|
regional education service center as the campus. |
|
(c) If a school district is appointed under Subsection (b), |
|
the district shall assume management of the campus in the same |
|
manner as a qualified entity or in accordance with commissioner |
|
rule. |
|
(d) The commissioner may annually solicit proposals under |
|
this section for the alternative management of a campus. The |
|
commissioner shall notify a qualified entity that has been approved |
|
as a provider under this section. (Ed. Code, Secs. 39.107(h), (j) |
|
(part).) |
|
Sec. 39A.152. QUALIFICATIONS OF MANAGING ENTITY. (a) To |
|
qualify for consideration as a managing entity under this |
|
subchapter, the entity must submit a proposal that provides |
|
information relating to the entity's management and leadership team |
|
that will participate in management of the campus under |
|
consideration, including information relating to individuals who |
|
have: |
|
(1) documented success in whole school interventions |
|
that increased the educational and performance levels of students |
|
in campuses considered to have an unacceptable performance rating; |
|
(2) a proven record of effectiveness with programs |
|
assisting low-performing students; |
|
(3) a proven ability to apply research-based school |
|
intervention strategies; |
|
(4) a proven record of financial ability to perform |
|
under the management contract; and |
|
(5) any other experience or qualifications the |
|
commissioner determines necessary. |
|
(b) In selecting a managing entity under this subchapter, |
|
the commissioner shall give preference to a qualified entity that: |
|
(1) meets any qualifications under this section; and |
|
(2) has documented success in educating students from |
|
similar demographic groups and with similar educational needs as |
|
the students who attend the campus to be operated by the managing |
|
entity. (Ed. Code, Secs. 39.107(k), (l).) |
|
Sec. 39A.153. CONTRACT WITH MANAGING ENTITY. (a) If the |
|
commissioner has ordered alternative management of a campus, the |
|
school district shall execute a contract with an approved provider |
|
to serve as a managing entity for the campus. The term of the |
|
contract may not exceed five years with an option to renew the |
|
contract. The district must execute the contract and relinquish |
|
control of the campus before January 1 of the school year. |
|
(b) The management contract must include: |
|
(1) a provision describing the school district's |
|
responsibilities in supporting the operation of the campus; and |
|
(2) provisions approved by the commissioner requiring |
|
the managing entity to demonstrate improvement in campus |
|
performance, including negotiated performance measures. |
|
(c) Performance measures included in a management contract |
|
as required by Subsection (b) must be consistent with the |
|
priorities of Chapter 39 and this chapter. |
|
(d) The management contract must be approved by the |
|
commissioner before the contract is executed. As appropriate, the |
|
commissioner may require the school district, as a term of the |
|
contract, to support the campus in the same manner as the district |
|
was required to support the campus before the execution of the |
|
contract. (Ed. Code, Secs. 39.107(g-1) (part), (j) (part), (m), |
|
(n) (part).) |
|
Sec. 39A.154. EXTENSION OF MANAGEMENT CONTRACT. The |
|
commissioner may require a school district to extend the term of a |
|
management contract with a managing entity if the commissioner |
|
determines that extending the contract on expiration of the initial |
|
term is in the best interest of the students attending the campus. |
|
The terms of the contract must be approved by the commissioner. |
|
(Ed. Code, Sec. 39.107(g-1) (part).) |
|
Sec. 39A.155. EVALUATION OF MANAGING ENTITY. (a) The |
|
commissioner shall evaluate a managing entity's performance on the |
|
first and second anniversaries of the date of the management |
|
contract. |
|
(b) If the evaluation fails to demonstrate improvement as |
|
negotiated under the management contract by the first anniversary |
|
of the date of the contract, the school district may: |
|
(1) terminate the contract, with the commissioner's |
|
consent, for nonperformance or breach of contract; and |
|
(2) select another provider from an approved list |
|
provided by the commissioner. |
|
(c) If the evaluation fails to demonstrate significant |
|
improvement, as determined by the commissioner, by the second |
|
anniversary of the date of the management contract, the school |
|
district shall: |
|
(1) terminate the contract; and |
|
(2) select another provider from an approved list |
|
provided by the commissioner or resume operation of the campus if |
|
approved by the commissioner. |
|
(d) If the commissioner approves the school district's |
|
resumed operation of the campus as provided by Subsection (c), the |
|
commissioner shall assign a technical assistance team to assist the |
|
campus. (Ed. Code, Sec. 39.107(n) (part).) |
|
Sec. 39A.156. CANCELLATION OF MANAGEMENT CONTRACT. If a |
|
campus receives an unacceptable performance rating for two |
|
consecutive school years after a managing entity assumes management |
|
of the campus, the commissioner shall cancel the contract with the |
|
managing entity. (Ed. Code, Sec. 39.107(g-1) (part).) |
|
Sec. 39A.157. RETURN OF MANAGEMENT TO SCHOOL DISTRICT. |
|
Subject to Section 39A.111, at the end of a management contract term |
|
or on the cancellation of a management contract under Section |
|
39A.156, the board of trustees of the school district shall resume |
|
management of the campus. (Ed. Code, Sec. 39.107(g-2).) |
|
Sec. 39A.158. CONTINUED APPLICABILITY OF ACCOUNTABILITY |
|
PROVISIONS. Each campus operated by a managing entity under this |
|
subchapter is subject to this chapter and Chapter 39 in the same |
|
manner as any other campus in the school district. (Ed. Code, Sec. |
|
39.107(p).) |
|
Sec. 39A.159. FUNDING OF CAMPUS OPERATED BY MANAGING |
|
ENTITY. Notwithstanding any other provision of this code, the |
|
funding for a campus operated by a managing entity may not be less |
|
than the funding of the other campuses in the school district on a |
|
per student basis so that the managing entity receives at least the |
|
same funding the campus would otherwise have received. (Ed. Code, |
|
Sec. 39.107(o).) |
|
Sec. 39A.160. OPEN MEETINGS AND PUBLIC INFORMATION. With |
|
respect to the management of a campus by a managing entity: |
|
(1) a managing entity is considered to be a |
|
governmental body for purposes of Chapters 551 and 552, Government |
|
Code; and |
|
(2) any requirement in Chapter 551 or 552, Government |
|
Code, that applies to a school district or the board of trustees of |
|
a district applies to a managing entity. (Ed. Code, Sec. |
|
39.107(r).) |
|
Sec. 39A.161. RULES. The commissioner may adopt rules |
|
necessary to implement this subchapter. (Ed. Code, Sec. |
|
39.107(q).) |
|
SUBCHAPTER E. BOARD OF MANAGERS |
|
Sec. 39A.201. GENERAL POWERS AND DUTIES OF BOARD OF |
|
MANAGERS. (a) A board of managers may exercise all of the powers |
|
and duties assigned to a board of trustees of a school district by |
|
law, rule, or regulation. |
|
(b) A board of managers appointed by the commissioner under |
|
Subchapter C is required to take appropriate actions to resolve the |
|
conditions that caused a campus to be subject to an order under |
|
Section 39A.101, including amending the school district's budget, |
|
reassigning staff, or relocating academic programs. The |
|
commissioner may adopt rules necessary to implement this |
|
subsection. (Ed. Code, Secs. 39.107(e-4), (q), 39.112(a) (part).) |
|
Sec. 39A.202. BOARD OF MANAGERS OF SCHOOL DISTRICT. (a) If |
|
the commissioner appoints a board of managers to govern a school |
|
district: |
|
(1) the powers of the board of trustees of the district |
|
are suspended for the period of the appointment; and |
|
(2) the commissioner shall appoint a district |
|
superintendent. |
|
(b) Notwithstanding any other provision of this code, a |
|
board of managers appointed to govern a school district may amend |
|
the budget of the district. |
|
(c) This chapter applies to a school district governed by a |
|
board of managers in the same manner that this chapter applies to |
|
any other district. (Ed. Code, Secs. 39.112(a) (part), (b).) |
|
Sec. 39A.203. BOARD OF MANAGERS OF CAMPUS. (a) If the |
|
commissioner appoints a board of managers to govern a campus: |
|
(1) the powers of the board of trustees of the school |
|
district in relation to the campus are suspended for the period of |
|
the appointment; and |
|
(2) the commissioner shall appoint a campus principal. |
|
(b) Notwithstanding any other provision of this code, a |
|
board of managers appointed to govern a campus may submit to the |
|
commissioner for approval amendments to the budget of the school |
|
district for the benefit of the campus. If the commissioner |
|
approves the amendments, the board of trustees of the district |
|
shall adopt the amendments. (Ed. Code, Sec. 39.112(c).) |
|
Sec. 39A.204. COMPOSITION OF BOARD OF MANAGERS. A board of |
|
managers appointed by the commissioner must, if possible, include |
|
community leaders, business representatives who have expertise in |
|
leadership, and individuals who have knowledge or expertise in the |
|
field of education. (Ed. Code, Sec. 39.112(d-1).) |
|
Sec. 39A.205. TRAINING OF BOARD OF MANAGERS. The |
|
commissioner must provide each individual appointed to a board of |
|
managers with training in effective leadership strategies. (Ed. |
|
Code, Sec. 39.112(d-2).) |
|
Sec. 39A.206. COMPENSATION. (a) The commissioner may |
|
authorize payment of a board of managers appointed under Subchapter |
|
C from agency funds. The commissioner may adopt rules necessary to |
|
implement this subsection. |
|
(b) A conservator or a member of a management team appointed |
|
to serve on a board of managers may continue to be compensated as |
|
determined by the commissioner. (Ed. Code, Secs. 39.107(e-5), (q), |
|
39.112(d).) |
|
Sec. 39A.207. REPLACEMENT OF MEMBER OF BOARD OF MANAGERS. |
|
The commissioner may at any time replace a member of a board of |
|
managers appointed under Subchapter C. The commissioner may adopt |
|
rules necessary to implement this section. (Ed. Code, Secs. |
|
39.107(e-6), (q).) |
|
Sec. 39A.208. EXPIRATION OF APPOINTMENT. (a) A board of |
|
managers shall, during the period of the appointment, order the |
|
election of members of the board of trustees of the school district |
|
in accordance with applicable provisions of law. Except as |
|
provided by Subsection (b), the members of the board of trustees do |
|
not assume any powers or duties after the election until the |
|
appointment of the board of managers expires. |
|
(b) Except as otherwise provided by Subsection (c), not |
|
later than the second anniversary of the date the board of managers |
|
of a school district was appointed, the commissioner shall notify |
|
the board of managers and the board of trustees of the date on which |
|
the appointment of the board of managers will expire. Following |
|
each of the last three years of the period of the appointment, |
|
one-third of the members of the board of managers shall be replaced |
|
by the number of members of the board of trustees of the district |
|
who were elected at an election ordered under Subsection (a) that |
|
constitutes, as closely as possible, one-third of the membership of |
|
the board of trustees. |
|
(c) If, before the second anniversary of the date the board |
|
of managers of a school district was appointed, the commissioner |
|
determines, after receiving local feedback, that insufficient |
|
progress has been made toward improving the academic or financial |
|
performance of the district, the commissioner may extend the |
|
authority of the board of managers for a period of up to two |
|
additional years. |
|
(d) On the expiration of the appointment of the board of |
|
managers, the board of trustees assumes all of the powers and duties |
|
assigned to a board of trustees by law, rule, or regulation. |
|
(e) Following the expiration of the period of appointment of |
|
a board of managers for a school district, the commissioner shall |
|
provide training in effective leadership strategies to the board of |
|
trustees of the district. (Ed. Code, Secs. 39.112(e), as amended |
|
Acts 84th Leg., R.S., Chs. 1046, 1104, (f), (g).) |
|
Sec. 39A.209. REMOVAL OF BOARD OF MANAGERS. (a) |
|
Notwithstanding Section 39A.208, the commissioner may remove a |
|
board of managers appointed to govern a school district under |
|
Subchapter C only if the campus that was the basis for the |
|
appointment of the board of managers receives an acceptable |
|
performance rating for two consecutive school years. |
|
(b) If a campus that was the basis for the appointment of a |
|
board of managers receives an unacceptable performance rating for |
|
two additional consecutive years following the appointment of the |
|
board of managers, the commissioner may remove the board of |
|
managers and, in consultation with the local community, may appoint |
|
a new board of managers to govern the school district. |
|
(c) Following the removal of a board of managers under |
|
Subsection (a) or (b), or at the request of a managing entity |
|
appointed under Section 39A.107 to oversee the implementation of |
|
alternative management, the commissioner may appoint a conservator |
|
or monitor for the school district to ensure district-level support |
|
for low-performing campuses and to oversee the implementation of |
|
the updated targeted improvement plan. |
|
(d) The commissioner may adopt rules necessary to implement |
|
this section. (Ed. Code, Secs. 39.107(f), (g), (q).) |
|
SUBCHAPTER F. INTERVENTIONS AND SANCTIONS FOR OPEN-ENROLLMENT |
|
CHARTER SCHOOLS |
|
Sec. 39A.251. APPLICABILITY OF INTERVENTIONS AND SANCTIONS |
|
TO OPEN-ENROLLMENT CHARTER SCHOOL. Interventions and sanctions |
|
authorized under this chapter for a school district or campus apply |
|
in the same manner to an open-enrollment charter school. (Ed. Code, |
|
Sec. 39.104(a).) |
|
Sec. 39A.252. RULES. (a) The commissioner shall adopt |
|
rules to implement procedures to impose intervention or sanction |
|
provisions under this chapter as those provisions relate to an |
|
open-enrollment charter school. |
|
(b) In adopting rules under this section, the commissioner |
|
shall require that the charter of an open-enrollment charter school |
|
be automatically: |
|
(1) revoked if the charter school is ordered closed |
|
under this chapter; or |
|
(2) modified to remove authorization for an individual |
|
campus if the campus is ordered closed under this chapter. (Ed. |
|
Code, Secs. 39.104(b), (c).) |
|
Sec. 39A.253. HEARING NOT REQUIRED. If interventions or |
|
sanctions are imposed on an open-enrollment charter school under |
|
the procedures provided by this chapter, the school is not entitled |
|
to an additional hearing relating to the modification, placement on |
|
probation, revocation, or denial of renewal of a charter as |
|
provided by Subchapter D, Chapter 12. (Ed. Code, Sec. 39.104(d).) |
|
Sec. 39A.254. CAMPUS IMPROVEMENT PLAN FOR OPEN-ENROLLMENT |
|
CHARTER SCHOOL. (a) This section applies to an open-enrollment |
|
charter school campus that satisfies performance standards under |
|
Section 39.054(e) for the current school year but would not satisfy |
|
performance standards under Section 39.054(e) if the standards to |
|
be used for the following school year were applied to the current |
|
school year. |
|
(b) If this section applies to a campus, the campus shall: |
|
(1) establish a campus-level planning and |
|
decision-making committee as provided by Sections 11.251(b)-(e), |
|
to the extent practicable; and |
|
(2) develop a campus improvement plan as provided by |
|
Section 11.253. |
|
(c) On the request of the commissioner, the campus shall |
|
submit to the commissioner the portions of the campus improvement |
|
plan that are relevant to those areas for which the campus would not |
|
satisfy performance standards. The portions of the improvement |
|
plan must be submitted in an electronic format. (Ed. Code, Secs. |
|
39.105(a) (part), (b).) |
|
Sec. 39A.255. CAMPUS TURNAROUND PLAN FOR OPEN-ENROLLMENT |
|
CHARTER SCHOOL. (a) The commissioner shall adopt rules governing |
|
the procedures for an open-enrollment charter school campus that is |
|
subject to an order issued under Section 39A.101. The commissioner |
|
may adopt other rules necessary to implement this section. |
|
(b) The campus turnaround plan of an open-enrollment |
|
charter school must include a revision of the school's charter in |
|
accordance with Section 12.114. |
|
(c) Nothing in this section or the following provisions of |
|
this chapter may be construed to modify any provision of Subchapter |
|
D, Chapter 12, relating to the expiration, nonrenewal, revocation, |
|
or modification of the governance of an open-enrollment charter |
|
school: |
|
(1) Subchapter C; |
|
(2) Subchapter D; |
|
(3) Section 39A.201(b); |
|
(4) Section 39A.206(a); |
|
(5) Section 39A.207; and |
|
(6) Section 39A.209. |
|
(d) The governing board of the open-enrollment charter |
|
school shall perform the duties of a board of trustees of a school |
|
district under this chapter. (Ed. Code, Secs. 39.107(b-9), (q).) |
|
Sec. 39A.256. APPOINTMENT OF BOARD OF MANAGERS FOR |
|
OPEN-ENROLLMENT CHARTER SCHOOL. (a) A board of managers appointed |
|
for an open-enrollment charter school or a campus of an |
|
open-enrollment charter school under this chapter or Chapter 12 has |
|
the powers and duties prescribed by Section 39A.201(b), if |
|
applicable, and Sections 39A.201(a), 39A.202, 39A.203, and |
|
39A.206(b). |
|
(b) Except as otherwise provided by this subsection, the |
|
board of managers for an open-enrollment charter school or a campus |
|
of an open-enrollment charter school may not serve for a period that |
|
exceeds the period authorized by law for a board of managers |
|
appointed for a school district. A board of managers appointed to |
|
wind up the affairs of a former open-enrollment charter school or |
|
campus serves until dissolved by the commissioner. (Ed. Code, |
|
Secs. 39.1121(a), (c).) |
|
Sec. 39A.257. SUPERINTENDENT FOR OPEN-ENROLLMENT CHARTER |
|
SCHOOL. If the commissioner appoints a board of managers for an |
|
open-enrollment charter school or a campus of an open-enrollment |
|
charter school, the commissioner may also appoint a superintendent. |
|
(Ed. Code, Sec. 39.1121(b).) |
|
Sec. 39A.258. REMOVAL BY COMMISSIONER. Any person |
|
appointed to serve on the board of managers for an open-enrollment |
|
charter school or a campus of an open-enrollment charter school or |
|
as superintendent serves at the discretion of the commissioner and |
|
may be replaced by the commissioner at any time. (Ed. Code, Sec. |
|
39.1121(e).) |
|
Sec. 39A.259. COMPENSATION OF BOARD OF MANAGERS AND |
|
SUPERINTENDENT. (a) The commissioner may authorize compensation |
|
for a member of a board of managers for an open-enrollment charter |
|
school or a campus of an open-enrollment charter school or a |
|
superintendent appointed by the commissioner. |
|
(b) The commissioner shall establish the terms of |
|
compensation provided under Subsection (a). |
|
(c) The commissioner shall use funds received by or due to |
|
the former charter holder under Section 12.106 or funds returned to |
|
the state from liquidation of state property held by a former |
|
charter holder for compensation of a member of a board of managers |
|
for an open-enrollment charter school or a campus of an |
|
open-enrollment charter school or a superintendent. |
|
(d) If funds described by Subsection (c) are not available |
|
or the commissioner determines that the circumstances require, the |
|
commissioner may use available agency funds, provided that the use |
|
of the available funds for that purpose is not prohibited by other |
|
law. |
|
(e) To the extent this section conflicts with Section |
|
39A.206(a), this section prevails. (Ed. Code, Sec. 39.1122.) |
|
Sec. 39A.260. IMMUNITY; REPRESENTATION BY ATTORNEY |
|
GENERAL. Any person appointed by the commissioner to serve on the |
|
board of managers for an open-enrollment charter school or a campus |
|
of an open-enrollment charter school or as superintendent acts on |
|
behalf of the commissioner and is entitled to: |
|
(1) sovereign immunity; and |
|
(2) representation by the attorney general for any act |
|
or omission taken while acting in the person's official capacity. |
|
(Ed. Code, Sec. 39.1121(d).) |
|
SUBCHAPTER G. CHALLENGE OF INTERVENTION OR SANCTION |
|
Sec. 39A.301. REVIEW OF SANCTIONS BY STATE OFFICE OF |
|
ADMINISTRATIVE HEARINGS. (a) A school district or open-enrollment |
|
charter school that intends to challenge a decision by the |
|
commissioner under this chapter to close the district or a district |
|
campus or the charter school or to pursue alternative management of |
|
a district campus or the charter school must appeal the decision |
|
under this section. |
|
(b) A challenge to a decision under this section is under |
|
the substantial evidence rule as provided by Subchapter G, Chapter |
|
2001, Government Code. The commissioner shall adopt procedural |
|
rules for a challenge under this section. |
|
(c) Notwithstanding other law: |
|
(1) the State Office of Administrative Hearings shall |
|
conduct an expedited review of a challenge under this section; |
|
(2) the administrative law judge shall issue a final |
|
order not later than the 30th day after the date on which the |
|
hearing is finally closed; |
|
(3) the decision of the administrative law judge is |
|
final and may not be appealed; and |
|
(4) the decision of the administrative law judge may |
|
set an effective date for an action under this section. (Ed. Code, |
|
Sec. 39.152.) |
|
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS |
|
Sec. 39A.901. ANNUAL REVIEW. (a) The commissioner shall |
|
annually review the performance of a school district or campus |
|
subject to this chapter to determine the appropriate actions to be |
|
implemented under this chapter. |
|
(b) The commissioner must review at least annually the |
|
performance of a school district for which the accreditation status |
|
or performance rating has been lowered due to insufficient student |
|
performance and may not raise the accreditation status or |
|
performance rating until the district has demonstrated improved |
|
student performance. |
|
(c) If the review conducted under this section reveals a |
|
lack of improvement, the commissioner shall increase the level of |
|
state intervention and sanction unless the commissioner finds good |
|
cause for maintaining the current status. (Ed. Code, Sec. 39.108.) |
|
Sec. 39A.902. ACQUISITION OF PROFESSIONAL SERVICES. In |
|
addition to other interventions and sanctions authorized under this |
|
chapter, the commissioner may order a school district or campus to |
|
acquire professional services at the expense of the district or |
|
campus to address the applicable financial, assessment, data |
|
quality, program, performance, or governance deficiency. The |
|
commissioner's order may require the district or campus to: |
|
(1) select or be assigned an external auditor, data |
|
quality expert, professional authorized to monitor district |
|
assessment instrument administration, or curriculum or program |
|
expert; or |
|
(2) provide for or participate in the appropriate |
|
training of district staff or board of trustees members in the case |
|
of a district, or campus staff, in the case of a campus. (Ed. Code, |
|
Sec. 39.109.) |
|
Sec. 39A.903. COSTS PAID BY SCHOOL DISTRICT. The costs of |
|
providing a monitor, conservator, management team, campus |
|
intervention team, technical assistance team, managing entity, or |
|
service provider under this chapter shall be paid by the school |
|
district. If the district fails or refuses to pay the costs in a |
|
timely manner, the commissioner may: |
|
(1) pay the costs using amounts withheld from any |
|
funds to which the district is otherwise entitled; or |
|
(2) recover the amount of the costs in the manner |
|
provided for recovery of an overallocation of state funds under |
|
Section 42.258. (Ed. Code, Sec. 39.110.) |
|
Sec. 39A.904. IMMUNITY FROM CIVIL LIABILITY. An employee, |
|
volunteer, or contractor acting on behalf of the commissioner under |
|
this chapter, or a member of a board of managers appointed by the |
|
commissioner under this chapter, is immune from civil liability to |
|
the same extent as a professional employee of a school district |
|
under Section 22.051. (Ed. Code, Sec. 39.114.) |
|
Sec. 39A.905. CAMPUS NAME CHANGE PROHIBITED. In |
|
reconstituting, repurposing, or imposing any other intervention or |
|
sanction on a campus under this chapter, the commissioner may not |
|
require that the name of the campus be changed. (Ed. Code, Sec. |
|
39.115.) |
|
Sec. 39A.906. TRANSITIONAL INTERVENTIONS AND SANCTIONS. |
|
(a) For a campus that received an unacceptable performance rating |
|
for the 2013-2014, 2014-2015, and 2015-2016 school years, the |
|
commissioner may apply the interventions and sanctions authorized |
|
by Chapter 39 as that chapter existed on January 1, 2015, to the |
|
campus. |
|
(b) If a campus described by Subsection (a) receives an |
|
unacceptable performance rating for the 2016-2017 and 2017-2018 |
|
school years, the commissioner shall apply the interventions and |
|
sanctions authorized by Section 39A.111 to the campus. |
|
(c) For a campus that received an acceptable performance |
|
rating for the 2013-2014 school year and an unacceptable |
|
performance rating for the 2014-2015 and 2015-2016 school years, |
|
the commissioner shall apply the interventions and sanctions |
|
authorized by Section 39A.101(a) to the campus. |
|
(d) If a campus described by Subsection (c) receives an |
|
unacceptable performance rating for the 2016-2017, 2017-2018, and |
|
2018-2019 school years, the commissioner shall apply the |
|
interventions and sanctions authorized by Section 39A.111 to the |
|
campus. |
|
(e) The commissioner may adopt rules as necessary to |
|
implement this section. |
|
(f) This section expires September 1, 2020. (Ed. Code, Sec. |
|
39.1071.) |
|
Sec. 39A.907. SPECIAL STUDENT RECOVERY PROGRAM. (a) This |
|
section applies only to a school district with a student enrollment |
|
of at least 60,000 that is located in a county on the international |
|
border with a population of 800,000 or more. |
|
(b) The commissioner may require a school district to which |
|
this section applies to operate a special student recovery program |
|
if the commissioner has imposed a sanction under Subchapter A based |
|
on a determination that the district has, for the purpose of |
|
affecting the performance rating under Section 39.054 or former |
|
Section 39.072 or a distinction designation under Section 39.202 or |
|
39.203 of the district or a campus in the district: |
|
(1) assigned a student to a grade level to which the |
|
student would not otherwise be assigned, in violation of local |
|
policy; |
|
(2) retained a student at a grade level at which the |
|
student would not otherwise be retained, in violation of local |
|
policy; |
|
(3) declined to admit to the schools of the district a |
|
student with limited English proficiency who was eligible for |
|
admission; or |
|
(4) encouraged a student who was eligible for |
|
admission to the district to enroll in another district or drop out |
|
of school. |
|
(c) The commissioner shall require a school district to |
|
which this section applies to operate a special student recovery |
|
program if the superintendent or assistant superintendent of the |
|
district or a principal or assistant principal of a campus in the |
|
district is convicted of or receives a grant of deferred |
|
adjudication community supervision for an offense associated with |
|
conduct described by Subsection (b). |
|
(d) A special student recovery program must include: |
|
(1) identification of students affected by conduct |
|
described by Subsection (b), with an emphasis on identifying and |
|
obtaining current addresses for students who dropped out of school |
|
after the conduct; |
|
(2) notification of students identified under |
|
Subdivision (1) of the availability of educational services |
|
provided through the program; |
|
(3) provision of appropriate compensatory, intensive, |
|
and accelerated instructional services for students identified |
|
under Subdivision (1), including services designed to enable |
|
students to obtain high school equivalency certificates under |
|
Section 7.111; and |
|
(4) for students identified under Subdivision (1) who |
|
are at least 21 years of age and under 26 years of age, the offer of |
|
admission to the schools of the school district for the purpose of |
|
completing the requirements for a high school diploma, as |
|
authorized by Section 25.001. |
|
(e) A student who is at least 21 years of age and is admitted |
|
to the schools of the school district under Subsection (d)(4) is |
|
subject to the placement restrictions described by Section |
|
25.001(b-2) if the student has not attended school in the three |
|
preceding school years. |
|
(f) In addition to any other available funds, a school |
|
district may use funds provided to the district under Section |
|
42.152 to pay the costs of the program. Instructional services may |
|
be provided to students identified under Subsection (d)(1) who are |
|
under 26 years of age using funds provided under Section 42.152 or |
|
other Foundation School Program funds, notwithstanding Section |
|
42.003. |
|
(g) This section requires a school district to provide |
|
instructional services only to a student who is a resident of this |
|
state and is eligible for admission to the schools of the district |
|
under Section 25.001, including eligibility described by that |
|
section for students who are under 26 years of age. |
|
(h) The commissioner shall determine the duration of a |
|
special student recovery program, provided that the program must |
|
have a duration of at least two years. Before a program may be |
|
concluded, the school district must conduct a public hearing in the |
|
community served by the district to solicit comments from students, |
|
parents, and other members of the community regarding whether there |
|
is a continuing need for the program. |
|
(i) The commissioner shall adopt rules necessary to |
|
implement this section. |
|
(j) This section expires September 1, 2018. (Ed. Code, Sec. |
|
39.117.) |
|
SECTION 21.002. The following provisions are repealed: |
|
(1) Subchapter E, Chapter 39, Education Code; and |
|
(2) Section 39.152, Education Code. |
|
SECTION 21.003. The following changes are made to conform |
|
the provisions amended to the nonsubstantive revision set out in |
|
Section 21.001 of this Act: |
|
(1) Section 7.028(a), Education Code, is amended to |
|
read as follows: |
|
(a) Except as provided by Section 29.001(5), 29.010(a), or |
|
39.057, the agency may monitor compliance with requirements |
|
applicable to a process or program provided by a school district, |
|
campus, program, or school granted charters under Chapter 12, |
|
including the process described by Subchapter F, Chapter 11, or a |
|
program described by Subchapter B, C, D, E, F, H, or I, Chapter 29, |
|
Subchapter A, Chapter 37, or Section 38.003, and the use of funds |
|
provided for such a program under Subchapter C, Chapter 42, only as |
|
necessary to ensure: |
|
(1) compliance with federal law and regulations; |
|
(2) financial accountability, including compliance |
|
with grant requirements; and |
|
(3) data integrity for purposes of: |
|
(A) the Public Education Information Management |
|
System (PEIMS); and |
|
(B) accountability under Chapters [Chapter] 39 |
|
and 39A. |
|
(2) Section 7.055(b)(32), Education Code, is amended |
|
to read as follows: |
|
(32) The commissioner shall perform duties in |
|
connection with the public school accountability system as |
|
prescribed by Chapters [Chapter] 39 and 39A. |
|
(3) Sections 7.056(e) and (f), Education Code, are |
|
amended to read as follows: |
|
(e) Except as provided by Subsection (f), a school campus or |
|
district may not receive an exemption or waiver under this section |
|
from: |
|
(1) a prohibition on conduct that constitutes a |
|
criminal offense; |
|
(2) a requirement imposed by federal law or rule, |
|
including a requirement for special education or bilingual |
|
education programs; or |
|
(3) a requirement, restriction, or prohibition |
|
relating to: |
|
(A) essential knowledge or skills under Section |
|
28.002 or high school graduation requirements under Section 28.025; |
|
(B) public school accountability as provided by |
|
Subchapters B, C, D, [E,] and J, Chapter 39, and Chapter 39A; |
|
(C) extracurricular activities under Section |
|
33.081 or participation in a University Interscholastic League |
|
area, regional, or state competition under Section 33.0812; |
|
(D) health and safety under Chapter 38; |
|
(E) purchasing under Subchapter B, Chapter 44; |
|
(F) elementary school class size limits, except |
|
as provided by Section 25.112; |
|
(G) removal of a disruptive student from the |
|
classroom under Subchapter A, Chapter 37; |
|
(H) at-risk programs under Subchapter C, Chapter |
|
29; |
|
(I) prekindergarten programs under Subchapter E, |
|
Chapter 29; |
|
(J) educator rights and benefits under |
|
Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter |
|
A, Chapter 22; |
|
(K) special education programs under Subchapter |
|
A, Chapter 29; |
|
(L) bilingual education programs under |
|
Subchapter B, Chapter 29; or |
|
(M) the requirements for the first day of |
|
instruction under Section 25.0811. |
|
(f) A school district or campus that is required to develop |
|
and implement a student achievement improvement plan under |
|
Subchapter A, Chapter 39A, or Section 39A.051 [Section 39.102 or
|
|
39.103] may receive an exemption or waiver under this section from |
|
any law or rule other than: |
|
(1) a prohibition on conduct that constitutes a |
|
criminal offense; |
|
(2) a requirement imposed by federal law or rule; |
|
(3) a requirement, restriction, or prohibition |
|
imposed by state law or rule relating to: |
|
(A) public school accountability as provided by |
|
Subchapters B, C, D, [E,] and J, Chapter 39, and Chapter 39A; or |
|
(B) educator rights and benefits under |
|
Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter |
|
A, Chapter 22; or |
|
(4) selection of instructional materials under |
|
Chapter 31. |
|
(4) Section 7.102(c)(29), Education Code, is amended |
|
to read as follows: |
|
(29) The board shall perform duties in connection with |
|
the public school accountability system as prescribed by Chapters |
|
[Chapter] 39 and 39A. |
|
(5) Section 12.013(b), Education Code, is amended 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); |
|
(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, and Chapter 39A; |
|
(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. |
|
(6) Section 12.016, Education Code, is amended to read |
|
as follows: |
|
Sec. 12.016. CONTENT. Each home-rule school district |
|
charter must: |
|
(1) describe the educational program to be offered; |
|
(2) provide that continuation of the home-rule school |
|
district charter is contingent on: |
|
(A) acceptable student performance on assessment |
|
instruments adopted under Subchapter B, Chapter 39; and |
|
(B) compliance with other applicable |
|
accountability provisions under Chapters [Chapter] 39 and 39A; |
|
(3) specify any basis, in addition to a basis |
|
specified by this subchapter, on which the charter may be placed on |
|
probation or revoked; |
|
(4) describe the governing structure of the district |
|
and campuses; |
|
(5) specify any procedure or requirement, in addition |
|
to those under Chapter 38, that the district will follow to ensure |
|
the health and safety of students and employees; |
|
(6) describe the process by which the district will |
|
adopt an annual budget, including a description of the use of |
|
program-weight funds; |
|
(7) describe the manner in which an annual audit of |
|
financial and programmatic operations of the district is to be |
|
conducted, including the manner in which the district will provide |
|
information necessary for the district to participate in the Public |
|
Education Information Management System (PEIMS) to the extent |
|
required by this subchapter; and |
|
(8) include any other provision the charter commission |
|
considers necessary. |
|
(7) Section 12.056(b), Education Code, is amended to |
|
read as follows: |
|
(b) A campus or program for which a charter is granted under |
|
this subchapter is subject to: |
|
(1) a provision of this title establishing a criminal |
|
offense; and |
|
(2) 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) criminal history records under Subchapter C, |
|
Chapter 22; |
|
(C) high school graduation under Section 28.025; |
|
(D) special education programs under Subchapter |
|
A, Chapter 29; |
|
(E) bilingual education under Subchapter B, |
|
Chapter 29; |
|
(F) prekindergarten programs under Subchapter E, |
|
Chapter 29; |
|
(G) extracurricular activities under Section |
|
33.081; |
|
(H) health and safety under Chapter 38; and |
|
(I) public school accountability under |
|
Subchapters B, C, D, [E,] F, and J, Chapter 39, and Chapter 39A. |
|
(8) Section 12.059, Education Code, is amended to read |
|
as follows: |
|
Sec. 12.059. CONTENT. Each charter granted under this |
|
subchapter must: |
|
(1) describe the educational program to be offered, |
|
which may be a general or specialized program; |
|
(2) provide that continuation of the charter is |
|
contingent on satisfactory student performance under Subchapter B, |
|
Chapter 39, satisfactory financial performance under Subchapter D, |
|
Chapter 39, and compliance with other applicable accountability |
|
provisions under Chapters [Chapter] 39 and 39A; |
|
(3) specify any basis, in addition to a basis |
|
specified by this subchapter, on which the charter may be revoked; |
|
(4) prohibit discrimination in admission on the basis |
|
of national origin, ethnicity, race, religion, or disability; |
|
(5) describe the governing structure of the campus or |
|
program; |
|
(6) specify any procedure or requirement, in addition |
|
to those under Chapter 38, that the campus or program will follow to |
|
ensure the health and safety of students and employees; and |
|
(7) describe the manner in which an annual audit of |
|
financial and programmatic operations of the campus or program is |
|
to be conducted, including the manner in which the campus or program |
|
will provide information necessary for the school district in which |
|
it is located to participate, as required by this code or by |
|
commissioner rule, in the Public Education Information Management |
|
System (PEIMS). |
|
(9) Section 12.102, Education Code, is amended to read |
|
as follows: |
|
Sec. 12.102. AUTHORITY UNDER CHARTER. An open-enrollment |
|
charter school: |
|
(1) shall provide instruction to students at one or |
|
more elementary or secondary grade levels as provided by the |
|
charter; |
|
(2) is governed under the governing structure |
|
described by the charter; |
|
(3) retains authority to operate under the charter to |
|
the extent authorized under Sections 12.1141 and 12.115 and Chapter |
|
39A [Subchapter E, Chapter 39]; and |
|
(4) does not have authority to impose taxes. |
|
(10) Section 12.104(b), Education Code, is amended to |
|
read as follows: |
|
(b) An open-enrollment charter school is subject to: |
|
(1) a provision of this title establishing a criminal |
|
offense; and |
|
(2) 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) criminal history records under Subchapter C, |
|
Chapter 22; |
|
(C) reading instruments and accelerated reading |
|
instruction programs under Section 28.006; |
|
(D) accelerated instruction under Section |
|
28.0211; |
|
(E) high school graduation requirements under |
|
Section 28.025; |
|
(F) special education programs under Subchapter |
|
A, Chapter 29; |
|
(G) bilingual education under Subchapter B, |
|
Chapter 29; |
|
(H) prekindergarten programs under Subchapter E |
|
or E-1, Chapter 29; |
|
(I) extracurricular activities under Section |
|
33.081; |
|
(J) discipline management practices or behavior |
|
management techniques under Section 37.0021; |
|
(K) health and safety under Chapter 38; |
|
(L) public school accountability under |
|
Subchapters B, C, D, [E,] F, G, and J, Chapter 39, and Chapter 39A; |
|
(M) the requirement under Section 21.006 to |
|
report an educator's misconduct; |
|
(N) intensive programs of instruction under |
|
Section 28.0213; and |
|
(O) the right of a school employee to report a |
|
crime, as provided by Section 37.148. |
|
(11) Section 12.111(a), Education Code, is amended to |
|
read as follows: |
|
(a) Each charter granted under this subchapter must: |
|
(1) describe the educational program to be offered, |
|
which must include the required curriculum as provided by Section |
|
28.002; |
|
(2) provide that continuation of the charter is |
|
contingent on the status of the charter as determined under Section |
|
12.1141 or 12.115 or under Chapter 39A [Subchapter E, Chapter 39]; |
|
(3) specify the academic, operational, and financial |
|
performance expectations by which a school operating under the |
|
charter will be evaluated, which must include applicable elements |
|
of the performance frameworks adopted under Section 12.1181; |
|
(4) specify: |
|
(A) any basis, in addition to a basis specified |
|
by this subchapter or Chapter 39A [Subchapter E, Chapter 39], on |
|
which the charter may be revoked, renewal of the charter may be |
|
denied, or the charter may be allowed to expire; and |
|
(B) the standards for evaluation of a school |
|
operating under the charter for purposes of charter renewal, denial |
|
of renewal, expiration, revocation, or other intervention in |
|
accordance with Section 12.1141 or 12.115 or Chapter 39A |
|
[Subchapter E, Chapter 39], as applicable; |
|
(5) prohibit discrimination in admission policy on the |
|
basis of sex, national origin, ethnicity, religion, disability, |
|
academic, artistic, or athletic ability, or the district the child |
|
would otherwise attend in accordance with this code, although the |
|
charter may: |
|
(A) provide for the exclusion of a student who |
|
has a documented history of a criminal offense, a juvenile court |
|
adjudication, or discipline problems under Subchapter A, Chapter |
|
37; and |
|
(B) provide for an admission policy that requires |
|
a student to demonstrate artistic ability if the school specializes |
|
in performing arts; |
|
(6) specify the grade levels to be offered; |
|
(7) describe the governing structure of the program, |
|
including: |
|
(A) the officer positions designated; |
|
(B) the manner in which officers are selected and |
|
removed from office; |
|
(C) the manner in which members of the governing |
|
body of the school are selected and removed from office; |
|
(D) the manner in which vacancies on that |
|
governing body are filled; |
|
(E) the term for which members of that governing |
|
body serve; and |
|
(F) whether the terms are to be staggered; |
|
(8) specify the powers or duties of the governing body |
|
of the school that the governing body may delegate to an officer; |
|
(9) specify the manner in which the school will |
|
distribute to parents information related to the qualifications of |
|
each professional employee of the program, including any |
|
professional or educational degree held by each employee, a |
|
statement of any certification under Subchapter B, Chapter 21, held |
|
by each employee, and any relevant experience of each employee; |
|
(10) describe the process by which the person |
|
providing the program will adopt an annual budget; |
|
(11) describe the manner in which an annual audit of |
|
the financial and programmatic operations of the program is to be |
|
conducted, including the manner in which the person providing the |
|
program will provide information necessary for the school district |
|
in which the program is located to participate, as required by this |
|
code or by commissioner rule, in the Public Education Information |
|
Management System (PEIMS); |
|
(12) describe the facilities to be used; |
|
(13) describe the geographical area served by the |
|
program; |
|
(14) specify any type of enrollment criteria to be |
|
used; |
|
(15) provide information, as determined by the |
|
commissioner, relating to any management company that will provide |
|
management services to a school operating under the charter; and |
|
(16) specify that the governing body of an |
|
open-enrollment charter school accepts and may not delegate |
|
ultimate responsibility for the school, including the school's |
|
academic performance and financial and operational viability, and |
|
is responsible for overseeing any management company providing |
|
management services for the school and for holding the management |
|
company accountable for the school's performance. |
|
(12) Section 12.1141(a), Education Code, is amended to |
|
read as follows: |
|
(a) The commissioner shall develop and by rule adopt a |
|
procedure for renewal, denial of renewal, or expiration of a |
|
charter for an open-enrollment charter school at the end of the term |
|
of the charter. The procedure must include consideration of the |
|
performance under Chapters [Chapter] 39 and 39A of the charter |
|
holder and each campus operating under the charter and must include |
|
three distinct processes, which must be expedited renewal, |
|
discretionary consideration of renewal or denial of renewal, and |
|
expiration. To renew a charter at the end of the term, the charter |
|
holder must submit a petition for renewal to the commissioner in the |
|
time and manner established by commissioner rule. |
|
(13) Section 12.1162(a), Education Code, is amended to |
|
read as follows: |
|
(a) The commissioner shall take any of the actions described |
|
by Subsection (b) or by Section 39A.001, 39A.002, 39A.004, 39A.005, |
|
or 39A.007 [39.102(a)], to the extent the commissioner determines |
|
necessary, if an open-enrollment charter school, as determined by a |
|
report issued under Section 39.058(b): |
|
(1) commits a material violation of the school's |
|
charter; |
|
(2) fails to satisfy generally accepted accounting |
|
standards of fiscal management; or |
|
(3) fails to comply with this subchapter or another |
|
applicable rule or law. |
|
(14) Section 12A.004(a), Education Code, is amended to |
|
read as follows: |
|
(a) A local innovation plan may not provide for the |
|
exemption of a district designated as a district of innovation from |
|
the following provisions of this title: |
|
(1) a state or federal requirement applicable to an |
|
open-enrollment charter school operating under Subchapter D, |
|
Chapter 12; |
|
(2) Subchapters A, C, D, and E, Chapter 11, except that |
|
a district may be exempt from Sections 11.1511(b)(5) and (14) and |
|
Section 11.162; |
|
(3) state curriculum and graduation requirements |
|
adopted under Chapter 28; and |
|
(4) academic and financial accountability and |
|
sanctions under Chapters [Chapter] 39 and 39A. |
|
(15) Section 18.006(a), Education Code, is amended to |
|
read as follows: |
|
(a) The commissioner shall develop and implement a system of |
|
accountability consistent with Chapters [Chapter] 39 and 39A, where |
|
appropriate, to be used in assigning an annual performance rating |
|
to Job Corps diploma programs comparable to the ratings assigned to |
|
school districts under Section 39.054. The commissioner may |
|
develop and implement a system of distinction designations |
|
consistent with Subchapter G, Chapter 39, where appropriate, to be |
|
used in assigning distinction designations to Job Corps diploma |
|
programs comparable to the distinction designations assigned to |
|
campuses under Subchapter G, Chapter 39. |
|
(16) Sections 28.006(e) and (j), Education Code, are |
|
amended to read as follows: |
|
(e) The results of reading instruments administered under |
|
this section may not be used for purposes of appraisals and |
|
incentives under Chapter 21 or accountability under Chapters |
|
[Chapter] 39 and 39A. |
|
(j) No more than 15 percent of the funds certified by the |
|
commissioner under Subsection (i) may be spent on indirect costs. |
|
The commissioner shall evaluate the programs that fail to meet the |
|
standard of performance under Section 39.301(c)(5) and may |
|
implement interventions or sanctions under Chapter 39A [Subchapter
|
|
E, Chapter 39]. The commissioner may audit the expenditures of |
|
funds appropriated for purposes of this section. The use of the |
|
funds appropriated for purposes of this section shall be verified |
|
as part of the district audit under Section 44.008. |
|
(17) Section 28.007(b), Education Code, is amended to |
|
read as follows: |
|
(b) The results of assessment instruments developed under |
|
Subsection (a) may not be used for purposes of appraisals and |
|
incentives under Chapter 21 or accountability under Chapters |
|
[Chapter] 39 and 39A. |
|
(18) Section 29.918(c), Education Code, is amended to |
|
read as follows: |
|
(c) The commissioner shall adopt rules to administer this |
|
section. The commissioner may impose interventions or sanctions |
|
under Subchapter A, Chapter 39A, or Section 39A.251, 39A.252, or |
|
39A.253 [39.102 or 39.104] if a school district or open-enrollment |
|
charter school fails to timely comply with this section. |
|
(19) Section 37.008(c), Education Code, is amended to |
|
read as follows: |
|
(c) An off-campus disciplinary alternative education |
|
program is not subject to a requirement imposed by this title, other |
|
than a limitation on liability, a reporting requirement, or a |
|
requirement imposed by this chapter or by Chapter 39 or 39A. |
|
(20) Sections 37.011(g) and (h), Education Code, are |
|
amended to read as follows: |
|
(g) A juvenile justice alternative education program shall |
|
be subject to a written operating policy developed by the local |
|
juvenile justice board and submitted to the Texas Juvenile Justice |
|
Department for review and comment. A juvenile justice alternative |
|
education program is not subject to a requirement imposed by this |
|
title, other than a reporting requirement or a requirement imposed |
|
by this chapter or by Chapter 39 or 39A. |
|
(h) Academically, the mission of juvenile justice |
|
alternative education programs shall be to enable students to |
|
perform at grade level. For purposes of accountability under |
|
Chapters [Chapter] 39 and 39A, a student enrolled in a juvenile |
|
justice alternative education program is reported as if the student |
|
were enrolled at the student's assigned campus in the student's |
|
regularly assigned education program, including a special |
|
education program. Annually the Texas Juvenile Justice Department, |
|
with the agreement of the commissioner, shall develop and implement |
|
a system of accountability consistent with Chapters [Chapter] 39 |
|
and 39A, where appropriate, to assure that students make progress |
|
toward grade level while attending a juvenile justice alternative |
|
education program. The department shall adopt rules for the |
|
distribution of funds appropriated under this section to juvenile |
|
boards in counties required to establish juvenile justice |
|
alternative education programs. Except as determined by the |
|
commissioner, a student served by a juvenile justice alternative |
|
education program on the basis of an expulsion required under |
|
Section 37.007(a), (d), or (e) is not eligible for Foundation |
|
School Program funding under Chapter 42 or 31 if the juvenile |
|
justice alternative education program receives funding from the |
|
department under this subchapter. |
|
(21) Sections 39.057(d) and (e), Education Code, are |
|
amended to read as follows: |
|
(d) Based on the results of a special accreditation |
|
investigation, the commissioner may: |
|
(1) take appropriate action under Chapter 39A |
|
[Subchapter E]; |
|
(2) lower the school district's accreditation status |
|
or a district's or campus's accountability rating; or |
|
(3) take action under both Subdivisions (1) and (2). |
|
(e) Regardless of whether the commissioner lowers the |
|
school district's accreditation status or a district's or campus's |
|
performance rating under Subsection (d), the commissioner may take |
|
action under Section 39A.002 or 39A.051 [Sections 39.102(a)(1)
|
|
through (8) or Section 39.103] if the commissioner determines that |
|
the action is necessary to improve any area of a district's or |
|
campus's performance, including the district's financial |
|
accounting practices. |
|
(22) Section 39.0823(d), Education Code, is amended to |
|
read as follows: |
|
(d) The agency may require a district or open-enrollment |
|
charter school to submit additional information needed to produce a |
|
financial report under Subsection (a). If a district or school |
|
fails to provide information requested under this subsection or if |
|
the commissioner determines that the information submitted by a |
|
district or school is unreliable, the commissioner may order the |
|
district or school to acquire professional services as provided by |
|
Section 39A.902 [39.109]. |
|
(23) Section 39.0824(b), Education Code, is amended to |
|
read as follows: |
|
(b) The commissioner may impose appropriate sanctions under |
|
Chapter 39A [Subchapter E] against a district or school failing to |
|
submit or implement a corrective action plan required under |
|
Subsection (a). |
|
(24) The heading to Subchapter F, Chapter 39, |
|
Education Code, is amended to read as follows: |
|
SUBCHAPTER F. PROCEDURES FOR CHALLENGE OF ACCOUNTABILITY |
|
DETERMINATION[, INTERVENTION, OR SANCTION] |
|
(25) Section 39.232(b), Education Code, is amended to |
|
read as follows: |
|
(b) A school campus or district is not exempt under this |
|
section from: |
|
(1) a prohibition on conduct that constitutes a |
|
criminal offense; |
|
(2) requirements imposed by federal law or rule, |
|
including requirements for special education or bilingual |
|
education programs; or |
|
(3) a requirement, restriction, or prohibition |
|
relating to: |
|
(A) curriculum essential knowledge and skills |
|
under Section 28.002 or high school graduation requirements under |
|
Section 28.025; |
|
(B) public school accountability as provided by |
|
Subchapters B, C, D, [E,] and J and Chapter 39A; |
|
(C) extracurricular activities under Section |
|
33.081; |
|
(D) health and safety under Chapter 38; |
|
(E) purchasing under Subchapter B, Chapter 44; |
|
(F) elementary school class size limits, except |
|
as provided by Subsection (d) or Section 25.112; |
|
(G) removal of a disruptive student from the |
|
classroom under Subchapter A, Chapter 37; |
|
(H) at risk programs under Subchapter C, Chapter |
|
29; |
|
(I) prekindergarten programs under Subchapter E, |
|
Chapter 29; |
|
(J) rights and benefits of school employees; |
|
(K) special education programs under Subchapter |
|
A, Chapter 29; or |
|
(L) bilingual education programs under |
|
Subchapter B, Chapter 29. |
|
(26) Section 39.306(a), Education Code, is amended to |
|
read as follows: |
|
(a) Each board of trustees shall publish an annual report |
|
describing the educational performance of the district and of each |
|
campus in the district that includes uniform student performance |
|
and descriptive information as determined under rules adopted by |
|
the commissioner. The annual report must also include: |
|
(1) campus performance objectives established under |
|
Section 11.253 and the progress of each campus toward those |
|
objectives, which shall be available to the public; |
|
(2) information indicating the district's |
|
accreditation status and identifying each district campus awarded a |
|
distinction designation under Subchapter G or considered an |
|
unacceptable campus under Chapter 39A [Subchapter E]; |
|
(3) the district's current special education |
|
compliance status with the agency; |
|
(4) a statement of the number, rate, and type of |
|
violent or criminal incidents that occurred on each district |
|
campus, to the extent permitted under the Family Educational Rights |
|
and Privacy Act of 1974 (20 U.S.C. Section 1232g); |
|
(5) information concerning school violence prevention |
|
and violence intervention policies and procedures that the district |
|
is using to protect students; |
|
(6) the findings that result from evaluations |
|
conducted under the Safe and Drug-Free Schools and Communities Act |
|
of 1994 (20 U.S.C. Section 7101 et seq.); and |
|
(7) information received under Section 51.403(e) for |
|
each high school campus in the district, presented in a form |
|
determined by the commissioner. |
|
(27) Section 39.333, Education Code, is amended to |
|
read as follows: |
|
Sec. 39.333. REGIONAL AND DISTRICT LEVEL REPORT. As part of |
|
the comprehensive biennial report under Section 39.332, the agency |
|
shall submit a regional and district level report covering the |
|
preceding two school years and containing: |
|
(1) a summary of school district compliance with the |
|
student/teacher ratios and class-size limitations prescribed by |
|
Sections 25.111 and 25.112, including: |
|
(A) the number of campuses and classes at each |
|
campus granted an exception from Section 25.112; and |
|
(B) for each campus granted an exception from |
|
Section 25.112, a statement of whether the campus has been awarded a |
|
distinction designation under Subchapter G or has been identified |
|
as an unacceptable campus under Chapter 39A [Subchapter E]; |
|
(2) a summary of the exemptions and waivers granted to |
|
campuses and school districts under Section 7.056 or 39.232 and a |
|
review of the effectiveness of each campus or district following |
|
deregulation; |
|
(3) an evaluation of the performance of the system of |
|
regional education service centers based on the indicators adopted |
|
under Section 8.101 and client satisfaction with services provided |
|
under Subchapter B, Chapter 8; |
|
(4) an evaluation of accelerated instruction programs |
|
offered under Section 28.006, including an assessment of the |
|
quality of such programs and the performance of students enrolled |
|
in such programs; and |
|
(5) the number of classes at each campus that are |
|
currently being taught by individuals who are not certified in the |
|
content areas of their respective classes. |
|
(28) Section 39.361, Education Code, is amended to |
|
read as follows: |
|
Sec. 39.361. NOTICE IN STUDENT GRADE REPORT. The first |
|
written notice of a student's performance that a school district |
|
gives during a school year as required by Section 28.022(a)(2) must |
|
include: |
|
(1) a statement of whether the campus at which the |
|
student is enrolled has been awarded a distinction designation |
|
under Subchapter G or has been identified as an unacceptable campus |
|
under Chapter 39A [Subchapter E]; and |
|
(2) an explanation of the significance of the |
|
information provided under Subdivision (1). |
|
(29) Section 44.0011, Education Code, is amended to |
|
read as follows: |
|
Sec. 44.0011. FISCAL YEAR. The fiscal year of a school |
|
district begins on July 1 or September 1 of each year, as determined |
|
by the board of trustees of the district. The commissioner may |
|
adopt rules concerning the submission of information by a district |
|
under Chapter 39, 39A, or 42 based on the fiscal year of the |
|
district. |
|
(30) Section 45.261(d), Education Code, is amended 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 Chapter 39A [Subchapter E, 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. |
|
(31) Section 51.751(b), Education Code, is amended to |
|
read as follows: |
|
(b) The center shall examine the efficiency of the public |
|
school system and the effectiveness of instructional methods and |
|
curricular programs and promote the use of successful methods and |
|
programs. The center shall monitor and evaluate the implementation |
|
of the accountability system under Chapters [Chapter] 39 and 39A |
|
and provide annual progress reports to the governor, Legislative |
|
Budget Board, and commissioner of education. |
|
(32) Section 302.006(c), Labor Code, is amended to |
|
read as follows: |
|
(c) To be eligible to receive a scholarship awarded under |
|
this section, a person must: |
|
(1) be employed in a child-care facility, as defined |
|
by Section 42.002, Human Resources Code; |
|
(2) intend to obtain a credential, certificate, or |
|
degree specified in Subsection (b); |
|
(3) agree to work for at least 18 additional months in |
|
a child-care facility, as defined by Section 42.002, Human |
|
Resources Code, that accepts federal Child Care and Development |
|
Fund subsidies and that, at the time the person begins to fulfill |
|
the work requirement imposed by this subdivision, is located: |
|
(A) within the attendance zone of a public school |
|
campus considered low-performing under Chapter 39A [Subchapter E,
|
|
Chapter 39], Education Code; or |
|
(B) in an economically disadvantaged community, |
|
as determined by the commission; and |
|
(4) satisfy any other requirements adopted by the |
|
commission. |
|
ARTICLE 22. CHANGES RELATING TO THE ESTATES CODE AND CODIFICATION |
|
OF THE TEXAS PROBATE CODE |
|
SECTION 22.001. Section 21.751(4), Business Organizations |
|
Code, is amended to read as follows: |
|
(4) "Shareholder" means a record or beneficial owner |
|
of shares in a close corporation, including: |
|
(A) a person holding a beneficial interest in the |
|
shares under an inter vivos, testamentary, or voting trust; or |
|
(B) the personal representative, as defined by |
|
the Estates [Texas Probate] Code, of a record or beneficial owner. |
|
SECTION 22.002. Section 64.034(b), Civil Practice and |
|
Remedies Code, is amended to read as follows: |
|
(b) A receiver appointed for a missing person under Section |
|
64.001(d) who has on hand an amount of money belonging to the |
|
missing person in excess of the amount needed for current |
|
necessities and expenses may, on order of the court, invest, lend, |
|
or contribute all or a part of the excess amount in the manner |
|
provided by Chapter 1161, Estates [Subpart L, Part 4, Chapter XIII,
|
|
Texas Probate] Code, for investments, loans, or contributions by |
|
guardians. The receiver shall report to the court all transactions |
|
involving the excess amount in the manner that reports are required |
|
of guardians. |
|
SECTION 22.003. Section 64.102(a), Civil Practice and |
|
Remedies Code, is amended to read as follows: |
|
(a) The court shall appoint an attorney ad litem to |
|
represent the interests of a missing person at a proceeding to |
|
appoint a receiver for the missing person under Section 64.001(d). |
|
To be eligible for appointment as an attorney ad litem under this |
|
subsection, a person must be certified in the same manner and to the |
|
same extent as a person who is appointed as an attorney ad litem for |
|
a proposed ward under Section 1054.001, Estates [646, Texas
|
|
Probate] Code. |
|
SECTION 22.004. Section 64.105(c), Civil Practice and |
|
Remedies Code, is amended to read as follows: |
|
(c) For official services rendered, the receiver is |
|
entitled to be compensated in the same manner and amount as is |
|
provided by Title 3, Estates [Chapter XIII, Texas Probate] Code, |
|
for similar services rendered by guardians of estates. |
|
SECTION 22.005. Section 71.012, Civil Practice and Remedies |
|
Code, is amended to read as follows: |
|
Sec. 71.012. QUALIFICATION OF FOREIGN PERSONAL |
|
REPRESENTATIVE. If the executor or administrator of the estate of a |
|
nonresident individual is the plaintiff in an action under this |
|
subchapter, the foreign personal representative of the estate who |
|
has complied with the requirements of Section 95, Texas Probate |
|
Code, for the probate of a foreign will is not required to apply for |
|
ancillary letters testamentary under Section 501.006, Estates |
|
[105, Texas Probate] Code, to bring and prosecute the action. |
|
SECTION 22.006. Section 71.022, Civil Practice and Remedies |
|
Code, is amended to read as follows: |
|
Sec. 71.022. QUALIFICATION OF FOREIGN PERSONAL |
|
REPRESENTATIVE. If the executor or administrator of the estate of a |
|
nonresident individual is the plaintiff in an action under this |
|
subchapter, the foreign personal representative of the estate who |
|
has complied with the requirements of Section 95, Texas Probate |
|
Code, for the probate of a foreign will is not required to apply for |
|
ancillary letters testamentary under Section 501.006, Estates |
|
[105, Texas Probate] Code, to bring and prosecute the action. |
|
SECTION 22.007. Section 102.002(e), Civil Practice and |
|
Remedies Code, is amended to read as follows: |
|
(e) A local government that does not give a bond under |
|
Section 1105.101(b), Estates [702(b), Texas Probate] Code, shall |
|
pay damages awarded against an employee of the local government |
|
arising from a cause of action described by Subsection (c) if the |
|
liability results from the employee's appointment as guardian of |
|
the person or estate of a ward under the Estates [Texas Probate] |
|
Code and the action or omission for which the employee was found |
|
liable was in the course and scope of the person's employment with |
|
the local government. |
|
SECTION 22.008. Section 102.003, Civil Practice and |
|
Remedies Code, is amended to read as follows: |
|
Sec. 102.003. MAXIMUM PAYMENTS. Payments under this |
|
chapter by a local government may not exceed: |
|
(1) $100,000 to any one person or $300,000 for any |
|
single occurrence in the case of personal injury or death; or |
|
(2) $10,000 for a single occurrence of property |
|
damage, unless the local government is liable in the local |
|
government's capacity as guardian under the Estates [Texas Probate] |
|
Code and does not give a bond under Section 1105.101(b), Estates |
|
[702(b), Texas Probate] Code, in which event payments may not |
|
exceed the amount of the actual property damages. |
|
SECTION 22.009. Section 137.001(6), Civil Practice and |
|
Remedies Code, is amended to read as follows: |
|
(6) "Incapacitated" means that, in the opinion of the |
|
court in a guardianship proceeding under Title 3, Estates [Chapter
|
|
XIII, Texas Probate] Code, or in a medication hearing under Section |
|
574.106, Health and Safety Code, a person lacks the ability to |
|
understand the nature and consequences of a proposed treatment, |
|
including the benefits, risks, and alternatives to the proposed |
|
treatment, and lacks the ability to make mental health treatment |
|
decisions because of impairment. |
|
SECTION 22.010. Section 137.009(a), Civil Practice and |
|
Remedies Code, is amended to read as follows: |
|
(a) Mental health treatment instructions contained in a |
|
declaration executed in accordance with this chapter supersede any |
|
contrary or conflicting instructions given by: |
|
(1) a medical [durable] power of attorney under |
|
Subchapter D, Chapter 166, Health and Safety Code [135]; or |
|
(2) a guardian appointed under Title 3, Estates |
|
[Chapter XIII, Texas Probate] Code, after the execution of the |
|
declaration. |
|
SECTION 22.011. Section 139.001(2), Civil Practice and |
|
Remedies Code, is amended to read as follows: |
|
(2) "Incapacitated person" has the meaning assigned by |
|
Section 1002.017, Estates [601, Texas Probate] Code. |
|
SECTION 22.012. Section 16.001(b), Election Code, is |
|
amended to read as follows: |
|
(b) Each month the clerk of each court having probate |
|
jurisdiction shall prepare an abstract of each application for |
|
probate of a will, administration of a decedent's estate, or |
|
determination of heirship, and each affidavit under Chapter 205, |
|
Estates [Section 137, Texas Probate] Code, that is filed in the |
|
month with a court served by the clerk. The clerk shall file each |
|
abstract with the voter registrar and the secretary of state not |
|
later than the 10th day of the month following the month in which |
|
the abstract is prepared. |
|
SECTION 22.013. Section 3.406(b), Family Code, is amended |
|
to read as follows: |
|
(b) On the death of a spouse, a court may, on application for |
|
a claim for reimbursement brought by the surviving spouse, the |
|
personal representative of the estate of the deceased spouse, or |
|
any other person interested in the estate, as defined by Chapter 22, |
|
Estates [Section 3, Texas Probate] Code, impose an equitable lien |
|
on the property of a benefited marital estate to secure a claim for |
|
reimbursement against that property by a contributing marital |
|
estate. |
|
SECTION 22.014. Section 5.002, Family Code, is amended to |
|
read as follows: |
|
Sec. 5.002. SALE OF SEPARATE HOMESTEAD AFTER SPOUSE |
|
JUDICIALLY DECLARED INCAPACITATED. If the homestead is the |
|
separate property of a spouse and the other spouse has been |
|
judicially declared incapacitated by a court exercising original |
|
jurisdiction over guardianship and other matters under Title 3, |
|
Estates [Chapter XIII, Texas Probate] Code, the owner may sell, |
|
convey, or encumber the homestead without the joinder of the other |
|
spouse. |
|
SECTION 22.015. Section 5.003, Family Code, is amended to |
|
read as follows: |
|
Sec. 5.003. SALE OF COMMUNITY HOMESTEAD AFTER SPOUSE |
|
JUDICIALLY DECLARED INCAPACITATED. If the homestead is the |
|
community property of the spouses and one spouse has been |
|
judicially declared incapacitated by a court exercising original |
|
jurisdiction over guardianship and other matters under Title 3, |
|
Estates [Chapter XIII, Texas Probate] Code, the competent spouse |
|
may sell, convey, or encumber the homestead without the joinder of |
|
the other spouse. |
|
SECTION 22.016. Section 6.111, Family Code, is amended to |
|
read as follows: |
|
Sec. 6.111. DEATH OF PARTY TO VOIDABLE MARRIAGE. Except as |
|
provided by Subchapter C, Chapter 123, Estates [Section 47A, Texas
|
|
Probate] Code, a marriage subject to annulment may not be |
|
challenged in a proceeding instituted after the death of either |
|
party to the marriage. |
|
SECTION 22.017. Sections 34.008(a) and (c), Family Code, |
|
are amended to read as follows: |
|
(a) Except as provided by Subsection (b), an authorization |
|
agreement under this chapter terminates if, after the execution of |
|
the authorization agreement, a court enters an order: |
|
(1) affecting the parent-child relationship; |
|
(2) concerning custody, possession, or placement of |
|
the child; |
|
(3) concerning access to or visitation with the child; |
|
or |
|
(4) regarding the appointment of a guardian for the |
|
child under Subchapter B, Chapter 1104, Estates [Section 676, Texas
|
|
Probate] Code. |
|
(c) An authorization agreement under this chapter |
|
terminates on written revocation by a party to the authorization |
|
agreement if the party: |
|
(1) gives each party written notice of the revocation; |
|
(2) files the written revocation with the clerk of the |
|
county in which: |
|
(A) the child resides; |
|
(B) the child resided at the time the |
|
authorization agreement was executed; or |
|
(C) the relative resides; and |
|
(3) files the written revocation with the clerk of |
|
each court: |
|
(A) that has continuing, exclusive jurisdiction |
|
over the child; |
|
(B) in which there is a court order or pending |
|
suit affecting the parent-child relationship concerning the child; |
|
(C) in which there is pending litigation |
|
concerning: |
|
(i) custody, possession, or placement of |
|
the child; or |
|
(ii) access to or visitation with the |
|
child; or |
|
(D) that has entered an order regarding the |
|
appointment of a guardian for the child under Subchapter B, Chapter |
|
1104, Estates [Section 676, Texas Probate] Code. |
|
SECTION 22.018. Sections 154.013(b) and (c), Family Code, |
|
are amended to read as follows: |
|
(b) Notwithstanding any provision of the Estates [Probate] |
|
Code, a child support payment held by the Title IV-D agency, a local |
|
registry, or the state disbursement unit or any uncashed check or |
|
warrant representing a child support payment made before, on, or |
|
after the date of death of the obligee shall be paid proportionately |
|
for the benefit of each surviving child named in the support order |
|
and not to the estate of the obligee. The payment is free of any |
|
creditor's claim against the deceased obligee's estate and may be |
|
disbursed as provided by Subsection (c). |
|
(c) On the death of the obligee, current child support owed |
|
by the obligor for the benefit of the child or any amount described |
|
by Subsection (b) shall be paid to: |
|
(1) a person, other than a parent, who is appointed as |
|
managing conservator of the child; |
|
(2) a person, including the obligor, who has assumed |
|
actual care, control, and possession of the child, if a managing |
|
conservator or guardian of the child has not been appointed; |
|
(3) the county clerk, as provided by Chapter 1355, |
|
Estates [Section 887, Texas Probate] Code, in the name of and for |
|
the account of the child for whom the support is owed; |
|
(4) a guardian of the child appointed under Title 3, |
|
Estates [Chapter XIII, Texas Probate] Code, as provided by that |
|
code; or |
|
(5) the surviving child, if the child is an adult or |
|
has otherwise had the disabilities of minority removed. |
|
SECTION 22.019. Sections 154.015(a) and (e), Family Code, |
|
are amended to read as follows: |
|
(a) In this section, "estate" has the meaning assigned by |
|
Chapter 22, Estates [Section 3, Texas Probate] Code. |
|
(e) The obligee has a claim, on behalf of the child, against |
|
the deceased obligor's estate for the unpaid child support |
|
obligation determined under Subsection (c). The obligee may |
|
present the claim in the manner provided by the Estates [Texas
|
|
Probate] Code. |
|
SECTION 22.020. Sections 263.603(a) and (b), Family Code, |
|
are amended to read as follows: |
|
(a) Notwithstanding Section 263.6021, if the court believes |
|
that a young adult may be incapacitated as defined by Section |
|
1002.017(2), Estates [601(14)(B), Texas Probate] Code, the court |
|
may extend its jurisdiction on its own motion without the young |
|
adult's consent to allow the department to refer the young adult to |
|
the Department of Aging and Disability Services for guardianship |
|
services as required by Section 48.209, Human Resources Code. |
|
(b) The extended jurisdiction of the court under this |
|
section terminates on the earliest of the date: |
|
(1) the Department of Aging and Disability Services |
|
determines a guardianship is not appropriate under Chapter 161, |
|
Human Resources Code; |
|
(2) a court with probate jurisdiction denies the |
|
application to appoint a guardian; or |
|
(3) a guardian is appointed and qualifies under the |
|
Estates [Texas Probate] Code. |
|
SECTION 22.021. Sections 21.009(2) and (4), Government |
|
Code, are amended to read as follows: |
|
(2) "Statutory county court" means a county court |
|
created by the legislature under Article V, Section 1, of the Texas |
|
Constitution, including county courts at law, county criminal |
|
courts, county criminal courts of appeals, and county civil courts |
|
at law, but does not include statutory probate courts as defined by |
|
Chapter 22, Estates [Section 3, Texas Probate] Code. |
|
(4) "Statutory probate court" has the meaning assigned |
|
by Chapter 22, Estates [Section 3, Texas Probate] Code. |
|
SECTION 22.022. Section 25.0003(f), Government Code, is |
|
amended to read as follows: |
|
(f) A statutory county court does not have the jurisdiction |
|
of a statutory probate court granted statutory probate courts by |
|
the Estates [Texas Probate] Code. |
|
SECTION 22.023. Section 25.0021(b), Government Code, is |
|
amended to read as follows: |
|
(b) A statutory probate court as that term is defined in |
|
Section 22.007(c), Estates [3(ii), Texas Probate] Code, has: |
|
(1) the general jurisdiction of a probate court as |
|
provided by the Estates [Texas Probate] Code; and |
|
(2) the jurisdiction provided by law for a county |
|
court to hear and determine actions, cases, matters, or proceedings |
|
instituted under: |
|
(A) Section 166.046, 192.027, 193.007, 552.015, |
|
552.019, 711.004, or 714.003, Health and Safety Code; |
|
(B) Chapter 462, Health and Safety Code; or |
|
(C) Subtitle C or D, Title 7, Health and Safety |
|
Code. |
|
SECTION 22.024. Sections 25.0022(a) and (i), Government |
|
Code, are amended to read as follows: |
|
(a) "Statutory probate court" has the meaning assigned by |
|
Chapter 22, Estates [Section 3, Texas Probate] Code. |
|
(i) A judge assigned under this section has the |
|
jurisdiction, powers, and duties given by Sections 32.001, 32.002, |
|
32.003, 32.005, 32.006, 32.007, 34.001, 1022.001, 1022.002, |
|
1022.003, 1022.005, 1022.006, and 1022.007, Estates [4A, 4C, 4D,
|
|
4F, 4G, 4H, 5B, 605, 607A, 607B, 607D, 607E, and 608, Texas Probate] |
|
Code, to statutory probate court judges by general law. |
|
SECTION 22.025. Section 25.00222(b), Government Code, is |
|
amended to read as follows: |
|
(b) If the judge of a statutory probate court that has |
|
jurisdiction over a cause of action appertaining to or incident to |
|
an estate pending in the statutory probate court determines that |
|
the court no longer has jurisdiction over the cause of action, the |
|
judge may transfer that cause of action to: |
|
(1) a district court, county court, statutory county |
|
court, or justice court located in the same county that has |
|
jurisdiction over the cause of action that is transferred; or |
|
(2) the court from which the cause of action was |
|
transferred to the statutory probate court under Section 34.001 |
|
[5B] or 1022.007, Estates [608, Texas Probate] Code. |
|
SECTION 22.026. Section 25.0202(a), Government Code, is |
|
amended to read as follows: |
|
(a) In addition to the jurisdiction provided by Section |
|
25.0003 and other law, a county court at law in Bosque County has |
|
concurrent jurisdiction with the district court in: |
|
(1) family law cases and proceedings; |
|
(2) civil cases in which the matter in controversy |
|
exceeds $500 but does not exceed $200,000, excluding interest, |
|
court costs, and attorney's fees; and |
|
(3) contested probate matters under Section 32.003, |
|
Estates [4D, Texas Probate] Code. |
|
SECTION 22.027. Section 25.1132(c), Government Code, is |
|
amended to read as follows: |
|
(c) A county court at law in Hood County has concurrent |
|
jurisdiction with the district court in: |
|
(1) civil cases in which the matter in controversy |
|
exceeds $500 but does not exceed $250,000, excluding interest; |
|
(2) family law cases and related proceedings; |
|
(3) contested probate matters under Section |
|
32.003(a), Estates [4D(a), Texas Probate] Code; and |
|
(4) contested matters in guardianship proceedings |
|
under Section 1022.003(a), Estates [607B(a), Texas Probate] Code. |
|
SECTION 22.028. Section 25.1863(b), Government Code, is |
|
amended to read as follows: |
|
(b) A county court at law has concurrent jurisdiction with |
|
the district court over contested probate |
|
matters. Notwithstanding the requirement in Section 32.003(a), |
|
Estates [4D(a), Texas Probate] Code, that the judge of the |
|
constitutional county court transfer a contested probate |
|
proceeding to the district court, the judge of the constitutional |
|
county court shall transfer the proceeding under that section to |
|
either a county court at law in Parker County or a district court in |
|
Parker County. A county court at law has the jurisdiction, powers, |
|
and duties that a district court has under Section 32.003(a), |
|
Estates [4D(a), Texas Probate] Code, for the transferred |
|
proceeding, and the county clerk acts as clerk for the |
|
proceeding. The contested proceeding may be transferred between a |
|
county court at law in Parker County and a district court in Parker |
|
County as provided by local rules of administration. |
|
SECTION 22.029. Sections 25.2452(a) and (d), Government |
|
Code, are amended to read as follows: |
|
(a) In addition to the jurisdiction provided by Section |
|
25.0003 and other law, including the general jurisdiction provided |
|
for a county court at law by the Estates [Texas Probate] Code, a |
|
county court at law in Wichita County has concurrent jurisdiction |
|
with the county court in: |
|
(1) appeals from municipal courts of record in Wichita |
|
County as provided by Subchapter H [D], Chapter 30; |
|
(2) misdemeanor cases; and |
|
(3) probate and mental health matters. |
|
(d) A county court at law does not have jurisdiction of: |
|
(1) a case under: |
|
(A) the Alcoholic Beverage Code; |
|
(B) the Election Code; or |
|
(C) the Tax Code; |
|
(2) a matter over which the district court has |
|
exclusive jurisdiction; or |
|
(3) a civil case, other than a case under the Family |
|
Code or the Estates [Texas Probate] Code, in which the amount in |
|
controversy is: |
|
(A) less than the maximum amount in controversy |
|
allowed the justice court in Wichita County; or |
|
(B) more than $200,000, exclusive of punitive or |
|
exemplary damages, penalties, interest, costs, and attorney's |
|
fees. |
|
SECTION 22.030. Section 54A.201, Government Code, is |
|
amended to read as follows: |
|
Sec. 54A.201. DEFINITION. In this subchapter, "statutory |
|
probate court" has the meaning assigned by Chapter 22, Estates |
|
[Section 3, Texas Probate] Code. |
|
SECTION 22.031. Sections 155.001(2), (3), (5), and (7), |
|
Government Code, are amended to read as follows: |
|
(2) "Corporate fiduciary" has the meaning assigned by |
|
Chapter 1002, Estates [Section 601, Texas Probate] Code. |
|
(3) "Guardian" has the meaning assigned by Chapter |
|
1002, Estates [Section 601, Texas Probate] Code. |
|
(5) "Incapacitated person" has the meaning assigned by |
|
Chapter 1002, Estates [Section 601, Texas Probate] Code. |
|
(7) "Ward" has the meaning assigned by Chapter 1002, |
|
Estates [Section 601, Texas Probate] Code. |
|
SECTION 22.032. Section 155.104, Government Code, is |
|
amended to read as follows: |
|
Sec. 155.104. INFORMATION FROM PRIVATE PROFESSIONAL |
|
GUARDIANS. In addition to the information submitted under Section |
|
1104.306, Estates [697(e), Texas Probate] Code, the director may |
|
require a private professional guardian or a person who represents |
|
or plans to represent the interests of a ward as a guardian on |
|
behalf of the private professional guardian to submit information |
|
considered necessary to monitor the person's compliance with the |
|
applicable standards adopted under Section 155.101 or with the |
|
certification requirements of Section 155.102. |
|
SECTION 22.033. Section 155.105(c), Government Code, is |
|
amended to read as follows: |
|
(c) A private professional guardian shall submit with the |
|
report required under Subsection (b) a copy of the guardian's |
|
application for a certificate of registration required by Section |
|
1104.302, Estates [697(a), Texas Probate] Code. |
|
SECTION 22.034. Section 411.052(a), Government Code, is |
|
amended to read as follows: |
|
(a) In this section, "federal prohibited person |
|
information" means information that identifies an individual as: |
|
(1) a person ordered by a court to receive inpatient |
|
mental health services under Chapter 574, Health and Safety Code; |
|
(2) a person acquitted in a criminal case by reason of |
|
insanity or lack of mental responsibility, regardless of whether |
|
the person is ordered by a court to receive inpatient treatment or |
|
residential care under Chapter 46C, Code of Criminal Procedure; |
|
(3) a person determined to have mental retardation and |
|
committed by a court for long-term placement in a residential care |
|
facility under Chapter 593, Health and Safety Code; |
|
(4) an incapacitated adult individual for whom a court |
|
has appointed a guardian of the individual under Title 3, Estates |
|
[Chapter XIII, Probate] Code, based on the determination that the |
|
person lacks the mental capacity to manage the person's affairs; or |
|
(5) a person determined to be incompetent to stand |
|
trial under Chapter 46B, Code of Criminal Procedure. |
|
SECTION 22.035. Section 411.0521(a), Government Code, is |
|
amended to read as follows: |
|
(a) The clerk of the court shall prepare and forward to the |
|
department the information described by Subsection (b) not later |
|
than the 30th day after the date the court: |
|
(1) orders a person to receive inpatient mental health |
|
services under Chapter 574, Health and Safety Code; |
|
(2) acquits a person in a criminal case by reason of |
|
insanity or lack of mental responsibility, regardless of whether |
|
the person is ordered to receive inpatient treatment or residential |
|
care under Chapter 46C, Code of Criminal Procedure; |
|
(3) commits a person determined to have mental |
|
retardation for long-term placement in a residential care facility |
|
under Chapter 593, Health and Safety Code; |
|
(4) appoints a guardian of the incapacitated adult |
|
individual under Title 3, Estates [Chapter XIII, Probate] Code, |
|
based on the determination that the person lacks the mental |
|
capacity to manage the person's affairs; |
|
(5) determines a person is incompetent to stand trial |
|
under Chapter 46B, Code of Criminal Procedure; or |
|
(6) finds a person is entitled to relief from |
|
disabilities under Section 574.088, Health and Safety Code. |
|
SECTION 22.036. Section 411.114(a)(1)(E), Government Code, |
|
is amended to read as follows: |
|
(E) "Ward" has the meaning assigned by Chapter |
|
1002, Estates [Section 601, Texas Probate] Code. |
|
SECTION 22.037. Section 411.1386(d), Government Code, is |
|
amended to read as follows: |
|
(d) The criminal history record information obtained under |
|
Subsection (a-4) is for the exclusive use of the court or |
|
guardianship certification program of the Judicial Branch |
|
Certification Commission, as appropriate, and is privileged and |
|
confidential. The information may not be released or otherwise |
|
disclosed to any person or agency except on court order, with the |
|
consent of the person being investigated, or as authorized by |
|
Subsection (a-6) or Section 1104.404, Estates [698(a-6), Texas
|
|
Probate] Code. The county clerk or guardianship certification |
|
program of the Judicial Branch Certification Commission may destroy |
|
the criminal history record information after the information is |
|
used for the purposes authorized by this section. |
|
SECTION 22.038. Section 420.0735(b), Government Code, is |
|
amended to read as follows: |
|
(b) For purposes of Subsection (a)(1), a written consent |
|
signed by an incapacitated person, as that term is defined by |
|
Chapter 1002, Estates [Section 601, Texas Probate] Code, is |
|
effective regardless of whether the incapacitated person's |
|
guardian, guardian ad litem, or other legal agent signs the |
|
release. If the incapacitated person is unable to provide a |
|
signature and the guardian, guardian ad litem, or other legal agent |
|
is unavailable to sign the release, then the investigating law |
|
enforcement officer may sign the release. |
|
SECTION 22.039. Section 501.014(b), Government Code, is |
|
amended to read as follows: |
|
(b) If an inmate with money in an account established under |
|
Subsection (a) dies while confined in a facility operated by or |
|
under contract with the department, the department shall attempt to |
|
give notice of the account to a beneficiary or known relative of the |
|
deceased inmate. On the presentation of a notarized claim to the |
|
department for the money by a person entitled to the notice, the |
|
department may pay any amount not exceeding $2,500 of the deceased |
|
inmate's money held by the department to the claimant. A claim for |
|
money in excess of $2,500 must be made under Chapter 205, Estates |
|
[Section 137, Probate] Code, or another law, as applicable. The |
|
department is not liable for making a payment or failing to make a |
|
payment under this subsection. |
|
SECTION 22.040. Section 552.140(c), Government Code, is |
|
amended to read as follows: |
|
(c) On request and the presentation of proper |
|
identification, the following persons may inspect the military |
|
discharge record or obtain from the governmental body free of |
|
charge a copy or certified copy of the record: |
|
(1) the veteran who is the subject of the record; |
|
(2) the legal guardian of the veteran; |
|
(3) the spouse or a child or parent of the veteran or, |
|
if there is no living spouse, child, or parent, the nearest living |
|
relative of the veteran; |
|
(4) the personal representative of the estate of the |
|
veteran; |
|
(5) the person named by the veteran, or by a person |
|
described by Subdivision (2), (3), or (4), in an appropriate power |
|
of attorney executed in accordance with Subchapters A and B, |
|
Chapter 752, Estates [Section 490, Chapter XII, Texas Probate] |
|
Code; |
|
(6) another governmental body; or |
|
(7) an authorized representative of the funeral home |
|
that assists with the burial of the veteran. |
|
SECTION 22.041. Section 825.508(b), Government Code, is |
|
amended to read as follows: |
|
(b) The system must honor a power of attorney executed in |
|
accordance with Subchapters A and B, Chapter 752, Estates [XII,
|
|
Section 490, Texas Probate] Code. |
|
SECTION 22.042. Section 841.008(c), Government Code, is |
|
amended to read as follows: |
|
(c) If requested by the person entitled to the benefit or |
|
the guardian, attorney in fact, or trustee of the person, the |
|
director may, if the director determines that it is in the best |
|
interest of the person entitled to the benefit, make payments |
|
directly to the trustee of: |
|
(1) a trust described by Subchapter B, Chapter 1301, |
|
Estates [Section 867, Texas Probate] Code, that has been created |
|
for the management of guardianship funds for the benefit of the |
|
person; or |
|
(2) a trust described by 42 U.S.C. Section |
|
1396p(d)(4)(A), (B), or (C) that has been established to qualify |
|
the person for benefits or other assistance under a state or federal |
|
program or to supplement the benefits or other assistance provided |
|
under the program. |
|
SECTION 22.043. Sections 844.408(a), (b), and (c), |
|
Government Code, are amended to read as follows: |
|
(a) In this section "heirs" has the meaning assigned by |
|
Chapter 22, Estates [Section 3, Texas Probate] Code, except that |
|
the term excludes any person who has filed a proper disclaimer or |
|
renunciation with the retirement system. |
|
(b) If the administrator of a deceased member's estate would |
|
be entitled to a refund or an annuity because of the death of the |
|
member, the heirs of the deceased member may apply for and receive |
|
the benefit if: |
|
(1) no petition for the appointment of a personal |
|
representative of the member is pending or has been granted; |
|
(2) 30 days have elapsed since the date of death of the |
|
member; |
|
(3) the value of the entire assets of the member's |
|
probate estate, excluding homestead and exempt property, does not |
|
exceed $50,000; and |
|
(4) on file with the retirement system is a certified |
|
copy of a small estates affidavit that has been approved and filed |
|
in accordance with Chapter 205, Estates [Section 137, Texas
|
|
Probate] Code, or an original affidavit described by Subsection |
|
(c). |
|
(c) If no affidavit has been filed with the clerk of the |
|
court having jurisdiction and venue as provided by Chapter 205, |
|
Estates [Section 137, Texas Probate] Code, the retirement system |
|
may accept instead an affidavit sworn to by two disinterested |
|
witnesses and by those heirs who have legal capacity and, if the |
|
facts warrant, by the natural guardian or next of kin of any minor |
|
or incompetent who is also an heir. The affidavit must include the |
|
names and addresses of the heirs and witnesses, establish the facts |
|
listed in Subsection (b), include a list of the assets and |
|
liabilities of the estate, show the facts that constitute the basis |
|
for the right of the heirs to receive the estate, and show the |
|
fractional interests of the heirs in the estate as a result of those |
|
facts. |
|
SECTION 22.044. Sections 854.106(a), (b), and (d), |
|
Government Code, are amended to read as follows: |
|
(a) If a surviving spouse, or the executor or administrator |
|
of a member's estate, would be entitled to make an election under |
|
Section 854.105 because of the death of the member, the heirs of the |
|
deceased member may make that election if: |
|
(1) no surviving spouse exists; |
|
(2) no petition for the appointment of a personal |
|
representative of the member is pending or has been granted; |
|
(3) 30 days have elapsed since the death of the member; |
|
(4) the value of the entire assets of the member's |
|
estate, excluding homestead and exempt property, does not exceed |
|
$50,000; |
|
(5) there are not more than three heirs; and |
|
(6) on file with the retirement system is a certified |
|
copy of a small estates affidavit that has been approved and filed |
|
in accordance with Chapter 205, Estates [Section 137, Texas
|
|
Probate] Code, or an original affidavit as described by Subsection |
|
(b). |
|
(b) If no affidavit has been filed with the clerk of the |
|
court having jurisdiction and venue as provided by Chapter 205, |
|
Estates [Section 137 of the Texas Probate] Code, the retirement |
|
system may accept instead an affidavit sworn to by two |
|
disinterested witnesses, by the heirs who have legal capacity, and, |
|
if the facts warrant, by the natural guardian or next of kin of any |
|
minor or incompetent who is also an heir. The affidavit shall |
|
include the names and addresses of the heirs and witnesses, |
|
establish the facts listed in Subsection (a), include a list of the |
|
assets and liabilities of the estate, show the facts that |
|
constitute the basis for the right of the heirs to receive the |
|
estate, and show the fractional interests of the heirs in the estate |
|
as a result of those facts. |
|
(d) In this section, "heirs" has the meaning assigned by |
|
Chapter 22, Estates [Section 3, Texas Probate] Code, except that |
|
the term excludes any persons who have filed with the retirement |
|
system a proper disclaimer or renunciation. |
|
SECTION 22.045. Section 313.003(a), Health and Safety Code, |
|
is amended to read as follows: |
|
(a) This chapter does not apply to: |
|
(1) a decision to withhold or withdraw life-sustaining |
|
treatment from qualified terminal or irreversible patients under |
|
Subchapter B, Chapter 166; |
|
(2) a health care decision made under a medical power |
|
of attorney under Subchapter D, Chapter 166, or under Subtitle P, |
|
Title 2, Estates [Chapter XII, Texas Probate] Code; |
|
(3) consent to medical treatment of minors under |
|
Chapter 32, Family Code; |
|
(4) consent for emergency care under Chapter 773; |
|
(5) hospital patient transfers under Chapter 241; or |
|
(6) a patient's legal guardian who has the authority to |
|
make a decision regarding the patient's medical treatment. |
|
SECTION 22.046. Section 313.004(f), Health and Safety Code, |
|
is amended to read as follows: |
|
(f) A person who is an available adult surrogate, as |
|
described by Subsection (a), may consent to medical treatment on |
|
behalf of a patient who is an adult inmate of a county or municipal |
|
jail only for a period that expires on the earlier of the 120th day |
|
after the date the person agrees to act as an adult surrogate for |
|
the patient or the date the inmate is released from jail. At the |
|
conclusion of the period, a successor surrogate may not be |
|
appointed and only the patient or the patient's appointed guardian |
|
of the person, if the patient is a ward under Title 3, Estates |
|
[Chapter XIII, Texas Probate] Code, may consent to medical |
|
treatment. |
|
SECTION 22.047. Section 576.002(b), Health and Safety Code, |
|
is amended to read as follows: |
|
(b) There is a rebuttable presumption that a person is |
|
mentally competent unless a judicial finding to the contrary is |
|
made under the Estates [Texas Probate] Code. |
|
SECTION 22.048. Section 1104.004, Insurance Code, is |
|
amended to read as follows: |
|
Sec. 1104.004. WRITTEN APPROVAL BY ADULT REQUIRED. An |
|
application or agreement made by a minor under this subchapter must |
|
be signed or approved in writing by: |
|
(1) a parent, grandparent, or adult sibling of the |
|
minor; or |
|
(2) if the minor does not have a parent, grandparent, |
|
or adult sibling, an adult eligible under the Estates [Texas
|
|
Probate] Code to be appointed guardian of the estate of the minor. |
|
SECTION 22.049. Section 1551.004(a), Insurance Code, is |
|
amended to read as follows: |
|
(a) In this chapter, "dependent" with respect to an |
|
individual eligible to participate in the group benefits program |
|
means the individual's: |
|
(1) spouse; |
|
(2) unmarried child younger than 26 years of age; |
|
(3) child of any age who the board of trustees |
|
determines lives with or has the child's care provided by the |
|
individual on a regular basis if the child is mentally or |
|
physically incapacitated to the extent that the child is dependent |
|
on the individual for care or support, as determined by the board of |
|
trustees; |
|
(4) child of any age who is unmarried, for purposes of |
|
health benefit coverage under this chapter, on expiration of the |
|
child's continuation coverage under the Consolidated Omnibus |
|
Budget Reconciliation Act of 1985 (Pub. L. No. 99-272) and its |
|
subsequent amendments; and |
|
(5) ward, as that term is defined by Chapter 1002, |
|
Estates [Section 601, Texas Probate] Code, who is 26 years of age or |
|
younger. |
|
SECTION 22.050. Sections 117.053(b) and (c), Local |
|
Government Code, are amended to read as follows: |
|
(b) Except as provided by Subsection (a), a clerk may not |
|
draw a check on special account funds held by a depository except to |
|
pay a person entitled to the funds. The payment must be made under |
|
an order of the court of proper jurisdiction in which the funds were |
|
deposited except that an appeal bond shall be paid without a written |
|
order of the court on receipt of mandate or dismissal and funds |
|
deposited under Chapter 1355, Estates [Section 887, Texas Probate] |
|
Code, may be paid without a written order of the court. The clerk |
|
shall place on the check the style and number of the proceeding in |
|
which the money was deposited with the clerk. |
|
(c) The clerk shall transfer any registry funds into a |
|
separate account when directed to by a written order of a court of |
|
proper jurisdiction or when the clerk is required to under Chapter |
|
1355, Estates [Section 887, Texas Probate] Code. The clerk shall |
|
transfer the funds into a separate account in: |
|
(1) interest-bearing deposits in a financial |
|
institution doing business in this state that is insured by the |
|
Federal Deposit Insurance Corporation; |
|
(2) United States treasury bills; |
|
(3) an eligible interlocal investment pool that meets |
|
the requirements of Sections 2256.016, 2256.017, and 2256.019, |
|
Government Code; or |
|
(4) a no-load money market mutual fund, if the fund: |
|
(A) is regulated by the Securities and Exchange |
|
Commission; |
|
(B) has a dollar weighted average stated maturity |
|
of 90 days or fewer; and |
|
(C) includes in its investment objectives the |
|
maintenance of a stable net asset value of $1 for each share. |
|
SECTION 22.051. Section 117.125(b), Local Government Code, |
|
is amended to read as follows: |
|
(b) A clerk shall transfer all money deposited in a registry |
|
fund under Chapter 1355, Estates [Section 887, Texas Probate] Code, |
|
into a separate account. |
|
SECTION 22.052. Section 159.005(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) Consent for the release of confidential information |
|
must be in writing and signed by: |
|
(1) the patient; |
|
(2) a parent or legal guardian of the patient if the |
|
patient is a minor; |
|
(3) a legal guardian of the patient if the patient has |
|
been adjudicated incapacitated to manage the patient's personal |
|
affairs; |
|
(4) an attorney ad litem appointed for the patient, as |
|
authorized by: |
|
(A) Subtitle C, Title 7, Health and Safety Code; |
|
(B) Subtitle D, Title 7, Health and Safety Code; |
|
(C) Title 3, Estates [Chapter XIII, Texas
|
|
Probate] Code; or |
|
(D) Chapter 107, Family Code; or |
|
(5) a personal representative of the patient if the |
|
patient is deceased. |
|
SECTION 22.053. Section 201.405(b), Occupations Code, is |
|
amended to read as follows: |
|
(b) Consent for the release of confidential information |
|
must be in writing and signed by: |
|
(1) the patient; |
|
(2) a parent or legal guardian if the patient is a |
|
minor; |
|
(3) a legal guardian if the patient has been |
|
adjudicated incompetent to manage the patient's personal affairs; |
|
(4) an attorney ad litem appointed for the patient, as |
|
authorized by: |
|
(A) Subtitle B, Title 6, Health and Safety Code; |
|
(B) Subtitle C, D, or E, Title 7, Health and |
|
Safety Code; |
|
(C) Title 3, Estates [Chapter XIII, Texas
|
|
Probate] Code; |
|
(D) Chapter 107, Family Code; or |
|
(E) another applicable provision; or |
|
(5) a personal representative if the patient is |
|
deceased. |
|
SECTION 22.054. Section 202.406(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) Consent for the release of information made |
|
confidential under this subchapter must be made in writing and |
|
signed by: |
|
(1) the patient; |
|
(2) the patient's parent or legal guardian if the |
|
patient is a minor; |
|
(3) a legal guardian if the patient has been |
|
adjudicated incompetent to manage the patient's personal affairs; |
|
(4) an attorney ad litem appointed for the patient, as |
|
authorized by: |
|
(A) Subtitle B, Title 6, Health and Safety Code; |
|
(B) Subtitle C, D, or E, Title 7, Health and |
|
Safety Code; |
|
(C) Title 3, Estates [Chapter XIII, Texas
|
|
Probate] Code; |
|
(D) Chapter 107, Family Code; or |
|
(E) another applicable law; or |
|
(5) the patient's personal representative if the |
|
patient is deceased. |
|
SECTION 22.055. Section 1703.351(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) The department may take action authorized under |
|
Subsection (b) against an applicant or license holder who: |
|
(1) wilfully violates this chapter or a rule adopted |
|
under this chapter; |
|
(2) violates Section 1703.306(a); |
|
(3) wilfully aids or abets another to violate this |
|
chapter or a rule adopted under this chapter; |
|
(4) allows the person's license issued under this |
|
chapter to be used by an unlicensed person in violation of this |
|
chapter; |
|
(5) makes a material misstatement in an application |
|
for the issuance or renewal of a license; |
|
(6) makes a wilful misrepresentation or false promise |
|
or causes the printing of a false or misleading advertisement to |
|
directly or indirectly obtain business or trainees; |
|
(7) fails to inform a subject to be examined: |
|
(A) of the nature of the examination; and |
|
(B) that the subject's participation in the |
|
examination is voluntary; |
|
(8) fails to inform the subject of an examination of |
|
the examination results on request; |
|
(9) violates Section 51.151, Family Code; |
|
(10) wilfully makes a false report concerning an |
|
examination for polygraph examination purposes; |
|
(11) fails to provide within a reasonable time |
|
information requested by the department as the result of a formal |
|
complaint to the department alleging a violation of this chapter; |
|
(12) demonstrates unworthiness or incompetency to act |
|
as a polygraph examiner; |
|
(13) is convicted of an offense that directly relates |
|
to the duties and responsibilities of a polygraph examiner; or |
|
(14) is found to be incapacitated as provided by the |
|
Estates [Probate] Code. |
|
SECTION 22.056. Section 25.10(a), Penal Code, is amended to |
|
read as follows: |
|
(a) In this section: |
|
(1) "Possessory right" means the right of a guardian |
|
of the person to have physical possession of a ward and to establish |
|
the ward's legal domicile, as provided by Section 1151.051(c)(1), |
|
Estates [767(1), Texas Probate] Code. |
|
(2) "Ward" has the meaning assigned by Chapter 1002, |
|
Estates [Section 601, Texas Probate] Code. |
|
SECTION 22.057. Section 32.45(a)(1), Penal Code, is amended |
|
to read as follows: |
|
(1) "Fiduciary" includes: |
|
(A) a trustee, guardian, administrator, |
|
executor, conservator, and receiver; |
|
(B) an attorney in fact or agent appointed under |
|
a durable power of attorney as provided by Subtitle P, Title 2, |
|
Estates [Chapter XII, Texas Probate] Code; |
|
(C) any other person acting in a fiduciary |
|
capacity, but not a commercial bailee unless the commercial bailee |
|
is a party in a motor fuel sales agreement with a distributor or |
|
supplier, as those terms are defined by Section 162.001, Tax Code; |
|
and |
|
(D) an officer, manager, employee, or agent |
|
carrying on fiduciary functions on behalf of a fiduciary. |
|
SECTION 22.058. Section 26.005(b), Property Code, is |
|
amended to read as follows: |
|
(b) The interests of the deceased individual's children and |
|
grandchildren are divided among them and exercisable on a per |
|
stirpes basis in the manner provided by Section 201.101, Estates |
|
[43, Texas Probate] Code, according to the number of the deceased |
|
individual's children represented. If there is more than one child |
|
of a deceased child of the deceased individual, the share of a child |
|
of a deceased child may only be exercised by a majority of the |
|
children of the deceased child. |
|
SECTION 22.059. Section 74.501(d), Property Code, is |
|
amended to read as follows: |
|
(d) On receipt of a claim form and all necessary |
|
documentation and as may be appropriate under the circumstances, |
|
the comptroller may approve the claim of: |
|
(1) the reported owner of the property; |
|
(2) if the reported owner died testate: |
|
(A) the appropriate legal beneficiaries of the |
|
owner as provided by the last will and testament of the owner that |
|
has been accepted into probate or filed as a muniment of title; or |
|
(B) the executor of the owner's last will and |
|
testament who holds current letters testamentary; |
|
(3) if the reported owner died intestate: |
|
(A) the legal heirs of the owner as provided by |
|
Sections 201.001 and 201.002, Estates [Section 38, Texas Probate] |
|
Code; or |
|
(B) the court-appointed administrator of the |
|
owner's estate; |
|
(4) the legal heirs of the reported owner as |
|
established by an affidavit of heirship order signed by a judge of |
|
the county probate court or by a county judge; |
|
(5) if the reported owner is a minor child or an adult |
|
who has been adjudged incompetent by a court of law, the parent or |
|
legal guardian of the child or adult; |
|
(6) if the reported owner is a corporation: |
|
(A) the president or chair of the board of |
|
directors of the corporation, on behalf of the corporation; or |
|
(B) any person who has legal authority to act on |
|
behalf of the corporation; |
|
(7) if the reported owner is a corporation that has |
|
been dissolved or liquidated: |
|
(A) the sole surviving shareholder of the |
|
corporation, if there is only one surviving shareholder; |
|
(B) the surviving shareholders of the |
|
corporation in proportion to their ownership of the corporation, if |
|
there is more than one surviving shareholder; |
|
(C) the corporation's bankruptcy trustee; or |
|
(D) the court-ordered receiver for the |
|
corporation; or |
|
(8) any other person that is entitled to receive the |
|
unclaimed property under other law or comptroller policy. |
|
SECTION 22.060. Section 115.001(d), Property Code, is |
|
amended to read as follows: |
|
(d) The jurisdiction of the district court is exclusive |
|
except for jurisdiction conferred by law on: |
|
(1) a statutory probate court; |
|
(2) a court that creates a trust under Subchapter B, |
|
Chapter 1301, Estates [Section 867, Texas Probate] Code; |
|
(3) a court that creates a trust under Section |
|
142.005; |
|
(4) a justice court under Chapter 27, Government Code; |
|
or |
|
(5) [a small claims court under Chapter 28, Government
|
|
Code; or
|
|
[(6)] a county court at law. |
|
SECTION 22.061. Section 123.003(a), Property Code, is |
|
amended to read as follows: |
|
(a) Any party initiating a proceeding involving a |
|
charitable trust shall give notice of the proceeding to the |
|
attorney general by sending to the attorney general, by registered |
|
or certified mail, a true copy of the petition or other instrument |
|
initiating the proceeding involving a charitable trust within 30 |
|
days of the filing of such petition or other instrument, but no less |
|
than 25 days prior to a hearing in such a proceeding. This |
|
subsection does not apply to a proceeding that is initiated by an |
|
application that exclusively seeks the admission of a will to |
|
probate, regardless of whether the application seeks the |
|
appointment of a personal representative, if the application: |
|
(1) is uncontested; and |
|
(2) is not subject to Subchapter C, Chapter 256, |
|
Estates [Section 83, Texas Probate] Code. |
|
SECTION 22.062. Section 123.005, Property Code, is amended |
|
to read as follows: |
|
Sec. 123.005. BREACH OF FIDUCIARY DUTY: VENUE; |
|
JURISDICTION. (a) 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 subsection and any provision of |
|
the Estates [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 subsection controls. |
|
(b) A statutory probate court of Travis County has |
|
concurrent jurisdiction with any other court on which jurisdiction |
|
is conferred by Section 32.001, Estates [4A, Texas Probate] Code, |
|
in a proceeding brought by the attorney general alleging breach of a |
|
fiduciary duty with respect to a charitable trust created by a will |
|
that has been admitted to probate. |
|
SECTION 22.063. Section 27(a), Chapter 88 (H.B. 1573), Acts |
|
of the 77th Legislature, Regular Session, 2001 (Article 6243h, |
|
Vernon's Texas Civil Statutes), is amended to read as follows: |
|
(a) A person eligible for payment of a pension or other |
|
benefits administered by the pension system may direct the pension |
|
system to treat as the authorized representative of the person |
|
concerning the disposition of the pension or other benefits an |
|
attorney-in-fact under a power of attorney that the pension system |
|
determines complies with Subchapters A and B, Chapter 752, Estates |
|
[Section 490, Texas Probate] Code. |
|
SECTION 22.064. Section 6.13, Chapter 824 (S.B. 817), Acts |
|
of the 73rd Legislature, Regular Session, 1993 (Article 6243o, |
|
Vernon's Texas Civil Statutes), is amended to read as follows: |
|
Sec. 6.13. GUARDIANSHIP. Any benefit payable under this |
|
article to a dependent child as defined by Section 1.02(7)(B) of |
|
this Act may be paid only to a guardian who is appointed in |
|
accordance with Title 3, Estates [Chapter XIII, Texas Probate] |
|
Code. Any benefit payable under this article to a dependent child |
|
as defined by Section 1.02(7)(A) of this Act may, at the board's |
|
discretion, be: |
|
(1) paid to a guardian appointed in accordance with |
|
Title 3, Estates [Chapter XIII, Texas Probate] Code; or |
|
(2) accrued by the fund and paid directly to the |
|
dependent child on the child's 18th birthday. |
|
ARTICLE 23. CONFORMING CHANGES RELATING TO NONSUBSTANTIVE REVISION |
|
OF CERTAIN LAWS CONCERNING COMMUNITY SUPERVISION |
|
SECTION 23.001. Article 42.0199, Code of Criminal |
|
Procedure, is amended to conform to Chapter 770 (H.B. 2299), Acts of |
|
the 84th Legislature, Regular Session, 2015, to read as follows: |
|
Art. 42.0199. FINDING REGARDING DILIGENT PARTICIPATION |
|
CREDIT. If a person is convicted of a state jail felony, the judge |
|
shall make a finding and enter the finding in the judgment of the |
|
case regarding whether the person is presumptively entitled to |
|
diligent participation credit in accordance with [Section 15(h),] |
|
Article 42A.559 [42.12]. |
|
SECTION 23.002. Section 5, Article 42.03, Code of Criminal |
|
Procedure, is amended to conform to Chapter 770 (H.B. 2299), Acts of |
|
the 84th Legislature, Regular Session, 2015, to read as follows: |
|
Sec. 5. Except as otherwise provided by [Section 5(a-1),] |
|
Article 42A.106(b) [42.12], the court after pronouncing the |
|
sentence shall inform the defendant of the defendant's right to |
|
petition the court for an order of nondisclosure of criminal |
|
history record information under Subchapter E-1, Chapter 411, |
|
Government Code, unless the defendant is ineligible to pursue that |
|
right because of the requirements that apply to obtaining the order |
|
in the defendant's circumstances, such as: |
|
(1) the nature of the offense for which the defendant |
|
is convicted; or |
|
(2) the defendant's criminal history. |
|
SECTION 23.003. Sections 411.072(a) and (b), Government |
|
Code, are amended to conform to Chapter 770 (H.B. 2299), Acts of the |
|
84th Legislature, Regular Session, 2015, to read as follows: |
|
(a) This section applies only to a person who: |
|
(1) was placed on deferred adjudication community |
|
supervision under Subchapter C [Section 5], Chapter 42A [Article
|
|
42.12], Code of Criminal Procedure, for a misdemeanor other than a |
|
misdemeanor: |
|
(A) under Chapter 20, 21, 22, 25, 42, 43, 46, or |
|
71, Penal Code; or |
|
(B) with respect to which an affirmative finding |
|
under [Section 5(k),] Article 42A.105(f) [42.12], Code of Criminal |
|
Procedure, was filed in the papers of the case; and |
|
(2) has never been previously convicted of or placed |
|
on deferred adjudication community supervision for another offense |
|
other than an offense under the Transportation Code that is |
|
punishable by fine only. |
|
(b) Notwithstanding any other provision of this subchapter |
|
or Subchapter F, if a person described by Subsection (a) receives a |
|
discharge and dismissal under [Section 5(c),] Article 42A.111 |
|
[42.12], Code of Criminal Procedure, and satisfies the requirements |
|
of Section 411.074, the court that placed the person on deferred |
|
adjudication community supervision shall issue an order of |
|
nondisclosure of criminal history record information under this |
|
subchapter prohibiting criminal justice agencies from disclosing |
|
to the public criminal history record information related to the |
|
offense giving rise to the deferred adjudication community |
|
supervision. The court shall determine whether the person |
|
satisfies the requirements of Section 411.074, and if the court |
|
makes a finding that the requirements of that section are |
|
satisfied, the court shall issue the order of nondisclosure of |
|
criminal history record information: |
|
(1) at the time the court discharges and dismisses the |
|
proceedings against the person, if the discharge and dismissal |
|
occurs on or after the 180th day after the date the court placed the |
|
person on deferred adjudication community supervision; or |
|
(2) as soon as practicable on or after the 180th day |
|
after the date the court placed the person on deferred adjudication |
|
community supervision, if the discharge and dismissal occurred |
|
before that date. |
|
SECTION 23.004. Section 411.0725(a), Government Code, is |
|
amended to conform to Chapter 770 (H.B. 2299), Acts of the 84th |
|
Legislature, Regular Session, 2015, to read as follows: |
|
(a) This section applies only to a person placed on deferred |
|
adjudication community supervision under Subchapter C [Section 5], |
|
Chapter 42A [Article 42.12], Code of Criminal Procedure, who is not |
|
eligible to receive an order of nondisclosure of criminal history |
|
record information under Section 411.072. |
|
SECTION 23.005. Section 411.0728(a), Government Code, is |
|
amended to conform to Chapter 770 (H.B. 2299), Acts of the 84th |
|
Legislature, Regular Session, 2015, to read as follows: |
|
(a) This section applies only to a person who on conviction |
|
for an offense under Section 43.02, Penal Code, is placed on |
|
community supervision under Chapter 42A [Article 42.12], Code of |
|
Criminal Procedure, and with respect to whom the conviction is |
|
subsequently set aside by the court under Article 42A.701 [Section
|
|
20(a)] of that code [article]. |
|
SECTION 23.006. Section 411.073(a), Government Code, is |
|
amended to conform to Chapter 770 (H.B. 2299), Acts of the 84th |
|
Legislature, Regular Session, 2015, to read as follows: |
|
(a) This section applies only to a person placed on |
|
community supervision under Chapter 42A [Article 42.12], Code of |
|
Criminal Procedure: |
|
(1) following a conviction of a misdemeanor other than |
|
a misdemeanor under Section 106.041, Alcoholic Beverage Code, |
|
Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or Chapter 71, |
|
Penal Code; and |
|
(2) under a provision of Chapter 42A [Article 42.12], |
|
Code of Criminal Procedure, other than Subchapter C [Section 5], |
|
including: |
|
(A) a provision that requires the person to serve |
|
a term of confinement as a condition of community supervision; or |
|
(B) another provision that authorizes placing a |
|
person on community supervision after the person has served part of |
|
a term of confinement imposed for the offense. |
|
SECTION 23.007. Section 411.1471(f), Government Code, is |
|
amended to conform to Chapter 770 (H.B. 2299), Acts of the 84th |
|
Legislature, Regular Session, 2015, to read as follows: |
|
(f) A defendant who provides a DNA sample under this section |
|
is not required to provide a DNA sample under Section 411.148 of |
|
this code or under [Section 11(j),] Article 42A.352 [42.12], Code |
|
of Criminal Procedure, unless the attorney representing the state |
|
in the prosecution of the felony offense that makes Section 411.148 |
|
or Article 42A.352 [11(j)] applicable to the defendant establishes |
|
to the satisfaction of the director that the interests of justice or |
|
public safety require that the defendant provide additional |
|
samples. |
|
SECTION 23.008. Section 411.1882(a), Government Code, is |
|
amended to conform to Chapter 770 (H.B. 2299), Acts of the 84th |
|
Legislature, Regular Session, 2015, to read as follows: |
|
(a) A person who is serving in this state as a judge or |
|
justice of a federal court, as an active judicial officer as defined |
|
by Section 411.201, as a district attorney, assistant district |
|
attorney, criminal district attorney, assistant criminal district |
|
attorney, county attorney, or assistant county attorney, as a |
|
supervision officer as defined by [Section 2,] Article 42A.001 |
|
[42.12], Code of Criminal Procedure, or as a juvenile probation |
|
officer may establish handgun proficiency for the purposes of this |
|
subchapter by obtaining from a handgun proficiency instructor |
|
approved by the Texas Commission on Law Enforcement for purposes of |
|
Section 1702.1675, Occupations Code, a sworn statement that |
|
indicates that the person, during the 12-month period preceding the |
|
date of the person's application to the department, demonstrated to |
|
the instructor proficiency in the use of handguns. |
|
SECTION 23.009. Section 411.1953, Government Code, is |
|
amended to conform to Chapter 770 (H.B. 2299), Acts of the 84th |
|
Legislature, Regular Session, 2015, to read as follows: |
|
Sec. 411.1953. REDUCTION OF FEES FOR COMMUNITY SUPERVISION |
|
AND CORRECTIONS DEPARTMENT OFFICERS AND JUVENILE PROBATION |
|
OFFICERS. Notwithstanding any other provision of this subchapter, |
|
an applicant who is serving in this state as a supervision officer, |
|
as defined by [Section 2,] Article 42A.001 [42.12], Code of |
|
Criminal Procedure, or as a juvenile probation officer shall pay a |
|
fee of $25 for the issuance of an original or renewed license under |
|
this subchapter. |
|
SECTION 23.010. Section 49.09(h), Penal Code, as amended by |
|
Section 2.84, Chapter 770 (H.B. 2299), and Section 2, Chapter 1067 |
|
(H.B. 2246), Acts of the 84th Legislature, Regular Session, 2015, |
|
is reenacted to conform to Section 1.01, Chapter 770 (H.B. 2299), |
|
Acts of the 84th Legislature, Regular Session, 2015, to read as |
|
follows: |
|
(h) This subsection applies only to a person convicted of a |
|
second or subsequent offense relating to the operating of a motor |
|
vehicle while intoxicated committed within five years of the date |
|
on which the most recent preceding offense was committed. The court |
|
shall enter an order that requires the defendant to have a device |
|
installed, on each motor vehicle owned or operated by the |
|
defendant, that uses a deep-lung breath analysis mechanism to make |
|
impractical the operation of the motor vehicle if ethyl alcohol is |
|
detected in the breath of the operator, and that requires that |
|
before the first anniversary of the ending date of the period of |
|
license suspension under Section 521.344, Transportation Code, the |
|
defendant not operate any motor vehicle that is not equipped with |
|
that device. The court shall require the defendant to obtain the |
|
device at the defendant's own cost on or before that ending date, |
|
require the defendant to provide evidence to the court on or before |
|
that ending date that the device has been installed on each |
|
appropriate vehicle, and order the device to remain installed on |
|
each vehicle until the first anniversary of that ending date. If |
|
the court determines the offender is unable to pay for the device, |
|
the court may impose a reasonable payment schedule not to extend |
|
beyond the first anniversary of the date of installation. The |
|
Department of Public Safety shall approve devices for use under |
|
this subsection. Section 521.247, Transportation Code, applies to |
|
the approval of a device under this subsection and the consequences |
|
of that approval. Failure to comply with an order entered under |
|
this subsection is punishable by contempt. For the purpose of |
|
enforcing this subsection, the court that enters an order under |
|
this subsection retains jurisdiction over the defendant until the |
|
date on which the device is no longer required to remain installed. |
|
To the extent of a conflict between this subsection and Subchapter |
|
I, Chapter 42A, Code of Criminal Procedure, this subsection |
|
controls. |
|
SECTION 23.011. Section 92.025(b), Property Code, is |
|
amended to conform to Chapter 770 (H.B. 2299), Acts of the 84th |
|
Legislature, Regular Session, 2015, to read as follows: |
|
(b) This section does not preclude a cause of action for |
|
negligence in leasing of a dwelling by a landlord or a landlord's |
|
manager or agent to a tenant, if: |
|
(1) the tenant: |
|
(A) was convicted of an offense listed in |
|
[Section 3g,] Article 42A.054 [42.12], Code of Criminal Procedure; |
|
or |
|
(B) has a reportable conviction or adjudication, |
|
as defined by Article 62.001, Code of Criminal Procedure; and |
|
(2) the person against whom the action is filed knew or |
|
should have known of the conviction or adjudication. |
|
SECTION 23.012. (a) Article 42A.105, Code of Criminal |
|
Procedure, is amended to conform to Chapter 1279 (S.B. 1902), Acts |
|
of the 84th Legislature, Regular Session, 2015, by adding |
|
Subsection (f) to read as follows: |
|
(f) If a judge places on deferred adjudication community |
|
supervision a defendant charged with a misdemeanor other than a |
|
misdemeanor under Chapter 20, 21, 22, 25, 42, 43, 46, or 71, Penal |
|
Code, the judge shall make an affirmative finding of fact and file a |
|
statement of that affirmative finding with the papers in the case if |
|
the judge determines that it is not in the best interest of justice |
|
that the defendant receive an automatic order of nondisclosure |
|
under Section 411.072, Government Code. |
|
(b) Article 42A.106(b), Code of Criminal Procedure, is |
|
amended to conform to Chapter 1279 (S.B. 1902), Acts of the 84th |
|
Legislature, Regular Session, 2015, to read as follows: |
|
(b) Before placing a defendant on deferred adjudication |
|
community supervision, the court shall inform the defendant of the |
|
defendant's right to receive or petition the court for an order of |
|
nondisclosure of criminal history record information under |
|
Subchapter E-1, Chapter 411 [Section 411.081], Government Code, as |
|
applicable, unless the defendant is ineligible for an order [to
|
|
pursue that right] because of: |
|
(1) the nature of the offense for which the defendant |
|
is placed on deferred adjudication community supervision; or |
|
(2) the defendant's criminal history. |
|
(c) Article 42A.111(e), Code of Criminal Procedure, is |
|
amended to conform to Chapter 1279 (S.B. 1902), Acts of the 84th |
|
Legislature, Regular Session, 2015, to read as follows: |
|
(e) A judge who dismisses the proceedings against a |
|
defendant and discharges the defendant under this article: |
|
(1) shall [:
|
|
[(1)] provide the defendant with a copy of the order of |
|
dismissal and discharge; and |
|
(2) if the judge determines that the defendant is or |
|
may become eligible for an order of nondisclosure of criminal |
|
history record information under Subchapter E-1, Chapter 411, |
|
Government Code, shall, as applicable: |
|
(A) grant an order of nondisclosure of criminal |
|
history record information to the defendant; |
|
(B) inform the defendant of the defendant's |
|
eligibility to receive an order of nondisclosure of criminal |
|
history record information without a petition and the earliest date |
|
on which the defendant is eligible to receive the order; or |
|
(C) [,] inform the defendant of the defendant's |
|
eligibility to petition the court for an order of nondisclosure of |
|
criminal history record information [under Section 411.081,
|
|
Government Code,] and the earliest date the defendant is eligible |
|
to file the petition for the order [of nondisclosure]. |
|
(d) Section 16, Chapter 1279 (S.B. 1902), Acts of the 84th |
|
Legislature, Regular Session, 2015, which amended Section 5, |
|
Article 42.12, Code of Criminal Procedure, is repealed. |
|
SECTION 23.013. (a) Article 42A.301, Code of Criminal |
|
Procedure, is amended to conform to Section 2, Chapter 106 (H.B. |
|
3633), Acts of the 84th Legislature, Regular Session, 2015, to read |
|
as follows: |
|
Art. 42A.301. BASIC DISCRETIONARY CONDITIONS. The judge of |
|
the court having jurisdiction of the case shall determine the |
|
conditions of community supervision. The judge may impose any |
|
reasonable condition that is designed to protect or restore the |
|
community, protect or restore the victim, or punish, rehabilitate, |
|
or reform the defendant. Conditions of community supervision may |
|
include conditions requiring the defendant to: |
|
(1) commit no offense against the laws of this state or |
|
of any other state or of the United States; |
|
(2) avoid injurious or vicious habits; |
|
(3) avoid persons or places of disreputable or harmful |
|
character, including any person, other than a family member of the |
|
defendant, who is an active member of a criminal street gang; |
|
(4) report to the supervision officer as directed by |
|
the judge or supervision officer and obey all rules and regulations |
|
of the community supervision and corrections department; |
|
(5) permit the supervision officer to visit the |
|
defendant at the defendant's home or elsewhere; |
|
(6) work faithfully at suitable employment to the |
|
extent possible; |
|
(7) remain within a specified place; |
|
(8) pay in one or more amounts: |
|
(A) the defendant's fine, if one is assessed; and |
|
(B) all court costs, regardless of whether a fine |
|
is assessed; |
|
(9) support the defendant's dependents; |
|
(10) participate, for a period specified by the judge, |
|
in any community-based program, including a community service |
|
project under Article 42A.304; |
|
(11) if the judge determines that the defendant has |
|
financial resources that enable the defendant to offset in part or |
|
in whole the costs of the legal services provided to the defendant |
|
in accordance with Article 1.051(c) or (d), including any expenses |
|
and costs, reimburse the county in which the prosecution was |
|
instituted for the costs of the legal services in an amount that the |
|
judge finds the defendant is able to pay, except that the defendant |
|
may not be ordered to pay an amount that exceeds [as follows]: |
|
(A) the actual costs, including any expenses and |
|
costs, paid by the county for the legal services provided by an |
|
appointed attorney [if counsel was appointed, an amount for
|
|
compensation paid to appointed counsel for defending the defendant
|
|
in the case]; or |
|
(B) if the defendant was represented by a public |
|
defender's office, the actual [an] amount, including any expenses |
|
and costs, that would have otherwise been paid to an appointed |
|
attorney had the county not had a public defender's office; |
|
(12) if under custodial supervision in a community |
|
corrections facility: |
|
(A) remain under that supervision; |
|
(B) obey all rules and regulations of the |
|
facility; and |
|
(C) pay a percentage of the defendant's income |
|
to: |
|
(i) the facility for room and board; and |
|
(ii) the defendant's dependents for their |
|
support during the period of custodial supervision; |
|
(13) submit to testing for alcohol or controlled |
|
substances; |
|
(14) attend counseling sessions for substance abusers |
|
or participate in substance abuse treatment services in a program |
|
or facility approved or licensed by the Department of State Health |
|
Services; |
|
(15) with the consent of the victim of a misdemeanor |
|
offense or of any offense under Title 7, Penal Code, participate in |
|
victim-defendant mediation; |
|
(16) submit to electronic monitoring; |
|
(17) reimburse the compensation to victims of crime |
|
fund for any amounts paid from that fund to or on behalf of a victim, |
|
as defined by Article 56.32, of the offense or if no reimbursement |
|
is required, make one payment to the compensation to victims of |
|
crime fund in an amount not to exceed $50 if the offense is a |
|
misdemeanor or not to exceed $100 if the offense is a felony; |
|
(18) reimburse a law enforcement agency for the |
|
analysis, storage, or disposal of raw materials, controlled |
|
substances, chemical precursors, drug paraphernalia, or other |
|
materials seized in connection with the offense; |
|
(19) pay all or part of the reasonable and necessary |
|
costs incurred by the victim for psychological counseling made |
|
necessary by the offense or for counseling and education relating |
|
to acquired immune deficiency syndrome or human immunodeficiency |
|
virus made necessary by the offense; |
|
(20) make one payment in an amount not to exceed $50 to |
|
a crime stoppers organization, as defined by Section 414.001, |
|
Government Code, and as certified by the Texas Crime Stoppers |
|
Council; |
|
(21) submit a DNA sample to the Department of Public |
|
Safety under Subchapter G, Chapter 411, Government Code, for the |
|
purpose of creating a DNA record of the defendant; |
|
(22) in any manner required by the judge, provide in |
|
the county in which the offense was committed public notice of the |
|
offense for which the defendant was placed on community |
|
supervision; and |
|
(23) reimburse the county in which the prosecution was |
|
instituted for compensation paid to any interpreter in the case. |
|
(b) Article 42A.651, Code of Criminal Procedure, is amended |
|
to conform to Section 2, Chapter 106 (H.B. 3633), Acts of the 84th |
|
Legislature, Regular Session, 2015, by amending Subsection (a) and |
|
adding Subsection (c) to read as follows: |
|
(a) A judge may not order a defendant to make a payment as a |
|
term or condition of community supervision, except for: |
|
(1) the payment of fines, court costs, or restitution |
|
to the victim; [or] |
|
(2) reimbursement of a county as described by Article |
|
42A.301(11); or |
|
(3) a payment ordered as a condition that relates |
|
personally to the rehabilitation of the defendant or that is |
|
otherwise expressly authorized by law. |
|
(c) A judge may not impose a condition of community |
|
supervision requiring a defendant to reimburse a county for the |
|
costs of legal services as described by Article 42A.301(11) if the |
|
defendant has already satisfied that obligation under Article |
|
26.05(g). |
|
(c) Article 42A.655, Code of Criminal Procedure, is amended |
|
to conform to Section 2, Chapter 106 (H.B. 3633), Acts of the 84th |
|
Legislature, Regular Session, 2015, to read as follows: |
|
Art. 42A.655. ABILITY TO PAY. The court shall consider the |
|
defendant's ability to pay before [in] ordering the defendant to |
|
make any payments under this chapter. |
|
(d) Section 2, Chapter 106 (H.B. 3633), Acts of the 84th |
|
Legislature, Regular Session, 2015, which amended Sections 11(a) |
|
and (b), Article 42.12, Code of Criminal Procedure, is repealed. |
|
SECTION 23.014. (a) Article 42A.751(i), Code of Criminal |
|
Procedure, is amended to conform to Section 3, Chapter 106 (H.B. |
|
3633), Acts of the 84th Legislature, Regular Session, 2015, to read |
|
as follows: |
|
(i) In a revocation hearing at which it is alleged only that |
|
the defendant violated the conditions of community supervision by |
|
failing to pay [compensation paid to appointed counsel,] community |
|
supervision fees[,] or court costs or by failing to pay the costs of |
|
legal services as described by Article 42A.301(11), the state must |
|
prove by a preponderance of the evidence that the defendant was able |
|
to pay and did not pay as ordered by the judge. |
|
(b) Section 3, Chapter 106 (H.B. 3633), Acts of the 84th |
|
Legislature, Regular Session, 2015, which amended Section 21(c), |
|
Article 42.12, Code of Criminal Procedure, is repealed. |
|
SECTION 23.015. (a) Article 42A.304, Code of Criminal |
|
Procedure, is amended to conform to Section 1, Chapter 1002 (H.B. |
|
583), Acts of the 84th Legislature, Regular Session, 2015, by |
|
amending Subsection (f) and adding Subsection (g) to read as |
|
follows: |
|
(f) Instead of requiring the defendant to work a specified |
|
number of hours at one or more community service projects under |
|
Subsection (a), the [The] judge may order a defendant to make a |
|
specified donation to: |
|
(1) a nonprofit food bank or food pantry in the |
|
community in which the defendant resides; |
|
(2) a charitable organization engaged primarily in |
|
performing charitable functions for veterans in the community in |
|
which the defendant resides; or |
|
(3) in a county with a population of less than 50,000, |
|
another nonprofit organization that: |
|
(A) is exempt from taxation under Section 501(a) |
|
of the Internal Revenue Code of 1986 because it is listed in Section |
|
501(c)(3) of that code; and |
|
(B) provides services or assistance to needy |
|
individuals and families in the community in which the defendant |
|
resides [instead of requiring the defendant to work a specified
|
|
number of hours at one or more community service projects under
|
|
Subsection (a)]. |
|
(g) In this article: |
|
(1) "Charitable organization" has the meaning |
|
assigned by Section 2252.906, Government Code. |
|
(2) "Veteran" has the meaning assigned by Section |
|
434.022, Government Code. |
|
(b) Section 1, Chapter 1002 (H.B. 583), Acts of the 84th |
|
Legislature, Regular Session, 2015, which amended Section 16, |
|
Article 42.12, Code of Criminal Procedure, is repealed. |
|
SECTION 23.016. (a) Article 42A.403(a), Code of Criminal |
|
Procedure, is amended to conform to Chapter 838 (S.B. 202), Acts of |
|
the 84th Legislature, Regular Session, 2015, to read as follows: |
|
(a) A judge who places on community supervision a defendant |
|
convicted of an offense under Sections 49.04-49.08, Penal Code, |
|
shall require as a condition of community supervision that the |
|
defendant attend and successfully complete, before the 181st day |
|
after the date community supervision is granted, an educational |
|
program designed to rehabilitate persons who have driven while |
|
intoxicated that is jointly approved by: |
|
(1) the Texas Department of Licensing and Regulation |
|
[State Health Services]; |
|
(2) the Department of Public Safety; |
|
(3) the traffic safety section of the traffic |
|
operations division of the Texas Department of Transportation; and |
|
(4) the community justice assistance division of the |
|
Texas Department of Criminal Justice. |
|
(b) Article 42A.403, Code of Criminal Procedure, is amended |
|
to conform to Chapter 851 (S.B. 1070), Acts of the 84th Legislature, |
|
Regular Session, 2015, by adding Subsection (d-1) and amending |
|
Subsection (e) to read as follows: |
|
(d-1) The judge shall waive the educational program |
|
requirement if the defendant successfully completes equivalent |
|
education at a residential treatment facility under Article |
|
42A.4045. |
|
(e) The judge shall set out in the judgment, as applicable: |
|
(1) the finding of good cause for waiver; or |
|
(2) the finding that the defendant has successfully |
|
completed equivalent education as provided by Article 42A.4045 [in
|
|
the judgment]. |
|
(c) Article 42A.404(a), Code of Criminal Procedure, is |
|
amended to conform to Chapter 838 (S.B. 202), Acts of the 84th |
|
Legislature, Regular Session, 2015, to read as follows: |
|
(a) The judge shall require a defendant who is punished |
|
under Section 49.09, Penal Code, to attend and successfully |
|
complete as a condition of community supervision an educational |
|
program for repeat offenders that is approved by the Texas |
|
Department of Licensing and Regulation [State Health Services]. |
|
(d) Article 42A.404, Code of Criminal Procedure, is amended |
|
to conform to Chapter 851 (S.B. 1070), Acts of the 84th Legislature, |
|
Regular Session, 2015, by amending Subsections (b) and (c) and |
|
adding Subsection (b-1) to read as follows: |
|
(b) The judge may waive the educational program requirement |
|
[only] if the defendant by a motion in writing shows good cause. In |
|
determining good cause, the judge may consider: |
|
(1) the defendant's school and work schedule; |
|
(2) the defendant's health; |
|
(3) the distance that the defendant must travel to |
|
attend an educational program; and |
|
(4) whether the defendant resides out of state or does |
|
not have access to transportation. |
|
(b-1) The judge shall waive the educational program |
|
requirement if the defendant successfully completes equivalent |
|
education at a residential treatment facility under Article |
|
42A.4045. |
|
(c) The judge shall set out in the judgment, as applicable: |
|
(1) the finding of good cause for waiver; or |
|
(2) the finding that the defendant has successfully |
|
completed equivalent education as provided by Article 42A.4045 [in
|
|
the judgment]. |
|
(e) Subchapter I, Chapter 42A, Code of Criminal Procedure, |
|
is amended to conform to Chapter 851 (S.B. 1070), Acts of the 84th |
|
Legislature, Regular Session, 2015, by adding Article 42A.4045 to |
|
read as follows: |
|
Art. 42A.4045. ALTERNATIVE TO EDUCATIONAL PROGRAM: |
|
SUBSTANCE ABUSE TREATMENT FACILITY. (a) A judge shall waive the |
|
educational requirement under Article 42A.403 or 42A.404 for a |
|
defendant who is required to receive treatment as a resident of a |
|
substance abuse treatment facility as a condition of community |
|
supervision if the defendant successfully completes equivalent |
|
education while the defendant is confined to the residential |
|
treatment facility. |
|
(b) The Department of State Health Services shall approve |
|
equivalent education provided at substance abuse treatment |
|
facilities. |
|
(c) The executive commissioner of the Health and Human |
|
Services Commission shall adopt rules to implement this article. |
|
(d) For purposes of this article, a substance abuse |
|
treatment facility includes: |
|
(1) a substance abuse felony punishment facility |
|
operated by the Texas Department of Criminal Justice under Section |
|
493.009, Government Code; |
|
(2) a community corrections facility, as defined by |
|
Section 509.001, Government Code; or |
|
(3) a chemical dependency treatment facility licensed |
|
under Chapter 464, Health and Safety Code. |
|
(f) Article 42A.405, Code of Criminal Procedure, is amended |
|
to conform to Chapter 838 (S.B. 202), Acts of the 84th Legislature, |
|
Regular Session, 2015, to read as follows: |
|
Art. 42A.405. RULES FOR AND ADMINISTRATION OF EDUCATIONAL |
|
PROGRAMS. (a) The Texas Department of Licensing and Regulation |
|
[Health and Human Services Commission] shall adopt rules for the |
|
educational program under Article 42A.404. |
|
(b) The Texas Department of Licensing and Regulation [State
|
|
Health Services] shall: |
|
(1) publish the jointly approved rules for the |
|
educational program under Article 42A.403; and |
|
(2) monitor, coordinate, and provide training to |
|
persons providing the educational programs under this subchapter. |
|
(c) The Texas Department of Licensing and Regulation [State
|
|
Health Services] is responsible for the administration of the |
|
certification of approved educational programs. |
|
(d) The Texas Department of Licensing and Regulation [State
|
|
Health Services] may charge a nonrefundable application fee for the |
|
initial certification of approval or for a renewal of the |
|
certification. |
|
(g) Article 42A.406, Code of Criminal Procedure, is amended |
|
to conform to Chapter 851 (S.B. 1070), Acts of the 84th Legislature, |
|
Regular Session, 2015, by amending Subsection (a) and adding |
|
Subsection (b-1) to read as follows: |
|
(a) If a defendant is required as a condition of community |
|
supervision to attend an educational program under Article 42A.403 |
|
or 42A.404, or if the court waives the educational program |
|
requirement under Article 42A.403 or the defendant successfully |
|
completes equivalent education under Article 42A.4045, the court |
|
clerk shall immediately report that fact to the Department of |
|
Public Safety, on a form prescribed by the department, for |
|
inclusion in the defendant's driving record. If the court grants an |
|
extension of time in which the defendant may complete the |
|
educational program under Article 42A.403, the court clerk shall |
|
immediately report that fact to the Department of Public Safety on a |
|
form prescribed by the department. The clerk's report under this |
|
subsection must include the beginning date of the defendant's |
|
community supervision. |
|
(b-1) Upon release from a residential treatment facility at |
|
which the person successfully completed equivalent education under |
|
Article 42A.4045, at the request of the court clerk, the director of |
|
the residential treatment facility shall give notice to the |
|
Department of Public Safety for inclusion in the person's driving |
|
record. |
|
(h) The following provisions are repealed: |
|
(1) Section 1, Chapter 851 (S.B. 1070), Acts of the |
|
84th Legislature, Regular Session, 2015, which amended Subsections |
|
(h) and (j) and added Subsection (o), Section 13, Article 42.12, |
|
Code of Criminal Procedure; and |
|
(2) Section 1.224, Chapter 838 (S.B. 202), Acts of the |
|
84th Legislature, Regular Session, 2015, which amended Subsections |
|
(h) and (j), Section 13, Article 42.12, Code of Criminal Procedure. |
|
SECTION 23.017. (a) Article 42A.407, Code of Criminal |
|
Procedure, is amended to conform to Section 1, Chapter 1067 (H.B. |
|
2246), Acts of the 84th Legislature, Regular Session, 2015, by |
|
adding Subsection (g) to read as follows: |
|
(g) Notwithstanding any other provision of this subchapter, |
|
a defendant whose license is suspended for an offense under |
|
Sections 49.04-49.08, Penal Code, may operate a motor vehicle |
|
during the period of suspension if the defendant: |
|
(1) obtains and uses an ignition interlock device as |
|
provided by Article 42A.408 for the entire period of the |
|
suspension; and |
|
(2) applies for and receives an occupational driver's |
|
license with an ignition interlock designation under Section |
|
521.2465, Transportation Code. |
|
(b) Section 1, Chapter 1067 (H.B. 2246), Acts of the 84th |
|
Legislature, Regular Session, 2015, which added Section 13(o), |
|
Article 42.12, Code of Criminal Procedure, is repealed. |
|
SECTION 23.018. (a) Article 42A.454, Code of Criminal |
|
Procedure, is amended to conform to Section 1, Chapter 684 (H.B. |
|
372), Acts of the 84th Legislature, Regular Session, 2015, to read |
|
as follows: |
|
Art. 42A.454. CERTAIN INTERNET ACTIVITY PROHIBITED. (a) |
|
This article applies only to a defendant who is required to register |
|
as a sex offender under Chapter 62, by court order or otherwise, |
|
and: |
|
(1) is convicted of or receives a grant of deferred |
|
adjudication community supervision for a violation of Section |
|
21.11, 22.011(a)(2), 22.021(a)(1)(B), 33.021, or 43.25, Penal |
|
Code; |
|
(2) used the Internet or any other type of electronic |
|
device used for Internet access to commit the offense or engage in |
|
the conduct for which the person is required to register under |
|
Chapter 62; or |
|
(3) is assigned a numeric risk level of two or three |
|
based on an assessment conducted under Article 62.007. |
|
(b) If the court grants community supervision to a defendant |
|
described by Subsection (a), the court as a condition of community |
|
supervision shall: |
|
(1) prohibit the defendant from using the Internet to: |
|
(A) [(1)] access material that is obscene, as |
|
defined by Section 43.21, Penal Code; |
|
(B) [(2)] access a commercial social networking |
|
site, as defined by Article 62.0061(f); |
|
(C) [(3)] communicate with any individual |
|
concerning sexual relations with an individual who is younger than |
|
17 years of age; or |
|
(D) [(4)] communicate with another individual |
|
the defendant knows is younger than 17 years of age; and |
|
(2) to ensure the defendant's compliance with |
|
Subdivision (1), require the defendant to submit to regular |
|
inspection or monitoring of each electronic device used by the |
|
defendant to access the Internet. |
|
(c) The court may modify at any time the condition described |
|
by Subsection (b)(1)(D) [(b)(4)] if: |
|
(1) the condition interferes with the defendant's |
|
ability to attend school or become or remain employed and |
|
consequently constitutes an undue hardship for the defendant; or |
|
(2) the defendant is the parent or guardian of an |
|
individual who is younger than 17 years of age and the defendant is |
|
not otherwise prohibited from communicating with that individual. |
|
(b) Section 1, Chapter 684 (H.B. 372), Acts of the 84th |
|
Legislature, Regular Session, 2015, which amended Section 13G, |
|
Article 42.12, Code of Criminal Procedure, is repealed. |
|
SECTION 23.019. (a) Subchapter K, Chapter 42A, Code of |
|
Criminal Procedure, is amended to conform to Section 3, Chapter |
|
1004 (H.B. 642), Acts of the 84th Legislature, Regular Session, |
|
2015, by adding Article 42A.514 to read as follows: |
|
Art. 42A.514. COMMUNITY SUPERVISION FOR CERTAIN ALCOHOL OR |
|
DRUG RELATED OFFENSES. (a) If a judge grants community supervision |
|
to a defendant younger than 18 years of age convicted of an |
|
alcohol-related offense under Section 106.02, 106.025, 106.04, |
|
106.041, 106.05, or 106.07, Alcoholic Beverage Code, or Section |
|
49.02, Penal Code, or an offense involving possession of a |
|
controlled substance or marihuana under Section 481.115, 481.1151, |
|
481.116, 481.1161, 481.117, 481.118, or 481.121, Health and Safety |
|
Code, the judge may require the defendant as a condition of |
|
community supervision to attend, as appropriate: |
|
(1) an alcohol awareness program approved under |
|
Section 106.115, Alcoholic Beverage Code; or |
|
(2) a drug education program that is designed to |
|
educate persons on the dangers of drug abuse and is approved by the |
|
Department of State Health Services in accordance with Section |
|
521.374, Transportation Code. |
|
(b) If a judge requires a defendant as a condition of |
|
community supervision to attend an alcohol awareness program or |
|
drug education program described by Subsection (a), unless the |
|
judge determines that the defendant is indigent and unable to pay |
|
the cost, the judge shall require the defendant to pay the cost of |
|
attending the program. The judge may allow the defendant to pay the |
|
cost of attending the program in installments during the term of |
|
community supervision. |
|
(b) Section 3, Chapter 1004 (H.B. 642), Acts of the 84th |
|
Legislature, Regular Session, 2015, which added Section 11(n), |
|
Article 42.12, Code of Criminal Procedure, is repealed. |
|
SECTION 23.020. (a) Article 42A.559, Code of Criminal |
|
Procedure, is amended to conform to Section 2, Chapter 225 (H.B. |
|
1546), Acts of the 84th Legislature, Regular Session, 2015, by |
|
amending Subsections (b), (e), and (f) and adding Subsections (g) |
|
and (h) to read as follows: |
|
(b) A defendant confined in a state jail felony facility |
|
does not earn good conduct time for time served in the facility but |
|
may be awarded diligent participation credit in accordance with |
|
Subsection (f) or (g). |
|
(e) For a defendant who has participated in an educational, |
|
vocational, treatment, or work program while confined in a state |
|
jail felony facility, [not later than the 30th day before the date
|
|
on which the defendant will have served 80 percent of the
|
|
defendant's sentence,] the Texas Department of Criminal Justice |
|
shall record [report to the sentencing court] the number of days |
|
during which the defendant diligently participated in any |
|
educational, vocational, treatment, or work program. [The
|
|
contents of a report submitted under this subsection are not
|
|
subject to challenge by a defendant.] |
|
(f) For a defendant with a judgment that contains a finding |
|
under Article 42.0199 that the defendant is presumptively entitled |
|
to diligent participation credit and who has not been the subject of |
|
disciplinary action while confined in the state jail felony |
|
facility, the department shall [A judge, based on the report
|
|
received under Subsection (e), may] credit against any time the [a] |
|
defendant is required to serve in a state jail felony facility |
|
additional time for each day the defendant actually served in the |
|
facility while diligently participating in an educational, |
|
vocational, treatment, or work program. |
|
(g) For a defendant with a judgment that contains a finding |
|
under Article 42.0199 that the defendant is not presumptively |
|
entitled to diligent participation credit or who has been the |
|
subject of disciplinary action while confined in the state jail |
|
felony facility, the department shall, not later than the 30th day |
|
before the date on which the defendant will have served 80 percent |
|
of the defendant's sentence, report to the sentencing court the |
|
record of the number of days under Subsection (e). The contents of a |
|
report submitted under this subsection are not subject to challenge |
|
by a defendant. A judge, based on the report, may credit against any |
|
time a defendant is required to serve in a state jail felony |
|
facility additional time for each day the defendant actually served |
|
in the facility while diligently participating in an educational, |
|
vocational, treatment, or work program. |
|
(h) A time credit under Subsection (f) or (g) [this
|
|
subsection] may not exceed one-fifth of the amount of time the |
|
defendant is originally required to serve in the facility. A |
|
defendant may not be awarded a time credit under Subsection (f) or |
|
(g) [this subsection] for any period during which the defendant is |
|
subject to disciplinary status [action]. A time credit under |
|
Subsection (f) or (g) [this subsection] is a privilege and not a |
|
right. |
|
(b) Section 2, Chapter 225 (H.B. 1546), Acts of the 84th |
|
Legislature, Regular Session, 2015, which amended Section 15(h), |
|
Article 42.12, Code of Criminal Procedure, is repealed. |
|
SECTION 23.021. (a) Article 42A.751(e), Code of Criminal |
|
Procedure, is amended to conform to Section 1, Chapter 687 (H.B. |
|
518), Acts of the 84th Legislature, Regular Session, 2015, to read |
|
as follows: |
|
(e) A judge may revoke without a hearing the community |
|
supervision of a defendant who is imprisoned in a penal institution |
|
if the defendant in writing before a court of record or a notary |
|
public in the jurisdiction where the defendant is imprisoned: |
|
(1) waives the defendant's right to a hearing and to |
|
counsel; |
|
(2) affirms that the defendant has nothing to say as to |
|
why sentence should not be pronounced against the defendant; and |
|
(3) requests the judge to revoke community supervision |
|
and to pronounce sentence. |
|
(b) Section 1, Chapter 687 (H.B. 518), Acts of the 84th |
|
Legislature, Regular Session, 2015, which amended Section 21(b-2), |
|
Article 42.12, Code of Criminal Procedure, is repealed. |
|
ARTICLE 24. REDESIGNATIONS |
|
SECTION 24.001. The following provisions of enacted codes |
|
are redesignated to eliminate duplicate citations: |
|
(1) Section 251.725, Alcoholic Beverage Code, as added |
|
by Chapter 241 (S.B. 680), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 251.726, Alcoholic |
|
Beverage Code. |
|
(2) Chapter 506, Business & Commerce Code, as added by |
|
Chapter 794 (H.B. 2739), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Chapter 507, Business & Commerce |
|
Code, and Section 506.001, Business & Commerce Code, as added by |
|
that Act, is redesignated as Section 507.001, Business & Commerce |
|
Code. |
|
(3) Article 2.139, Code of Criminal Procedure, as |
|
added by Chapter 1124 (H.B. 3791), Acts of the 84th Legislature, |
|
Regular Session, 2015, is redesignated as Article 2.1396, Code of |
|
Criminal Procedure. |
|
(4) Subdivision (5), Section 2, Article 38.01, Code of |
|
Criminal Procedure, as added by Chapter 1276 (S.B. 1287), Acts of |
|
the 84th Legislature, Regular Session, 2015, is redesignated as |
|
Subdivision (6), Section 2, Article 38.01, Code of Criminal |
|
Procedure. |
|
(5) Section 21.0487, Education Code, as added by |
|
Chapter 755 (H.B. 2014), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 21.0488, Education Code. |
|
(6) Subchapter E, Chapter 107, Family Code, as added |
|
by Chapter 571 (H.B. 3003), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Subchapter G, Chapter 107, Family |
|
Code, and Sections 107.061, 107.062, 107.063, 107.064, 107.065, |
|
107.066, 107.067, 107.068, 107.069, 107.070, 107.071, and 107.072, |
|
Family Code, as added by that Act, are redesignated as Sections |
|
107.251, 107.252, 107.253, 107.254, 107.255, 107.256, 107.257, |
|
107.258, 107.259, 107.260, 107.261, and 107.262, Family Code, |
|
respectively. |
|
(7) Subchapter F, Chapter 107, Family Code, as added |
|
by Chapter 571 (H.B. 3003), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Subchapter H, Chapter 107, Family |
|
Code, and Sections 107.101, 107.102, 107.103, 107.104, 107.105, |
|
107.106, 107.107, and 107.108, Family Code, as added by that Act, |
|
are redesignated as Sections 107.301, 107.302, 107.303, 107.304, |
|
107.305, 107.306, 107.307, and 107.308, Family Code, respectively. |
|
(8) Section 262.011, Family Code, as added by Chapter |
|
455 (H.B. 331), Acts of the 84th Legislature, Regular Session, |
|
2015, is redesignated as Section 262.012, Family Code. |
|
(9) Subchapter C, Chapter 265, Family Code, as added |
|
by Chapter 1257 (H.B. 2630), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Subchapter D, Chapter 265, Family |
|
Code, and Sections 265.101, 265.102, 265.103, 265.104, and 265.105, |
|
Family Code, as added by that Act, are redesignated as Sections |
|
265.151, 265.152, 265.153, 265.154, and 265.155, Family Code, |
|
respectively. |
|
(10) Chapter 36, Government Code, as added by Chapter |
|
935 (H.B. 2398), Acts of the 84th Legislature, Regular Session, |
|
2015, is redesignated as Chapter 38, Government Code, and Sections |
|
36.001, 36.002, and 36.003, Government Code, as added by that Act, |
|
are redesignated as Sections 38.001, 38.002, and 38.003, Government |
|
Code, respectively. |
|
(11) Section 402.038, Government Code, as added by |
|
Chapter 105 (H.B. 3327), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 402.039, Government Code. |
|
(12) Section 411.0208, Government Code, as added by |
|
Chapter 1221 (S.B. 1853), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 411.02095, Government |
|
Code. |
|
(13) Section 442.030, Government Code, as added by |
|
Chapter 445 (H.B. 3868), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 442.031, Government Code. |
|
(14) Section 442.030, Government Code, as added by |
|
Chapter 556 (H.B. 2332), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 442.032, Government Code. |
|
(15) Section 501.068, Government Code, as added by |
|
Chapter 406 (H.B. 2189), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 501.069, Government Code. |
|
(16) Section 531.00553, Government Code, as added by |
|
Chapter 1209 (S.B. 1540), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 531.00554, Government |
|
Code. |
|
(17) Subsection (q), Section 531.102, Government |
|
Code, as added by Chapter 945 (S.B. 207), Acts of the 84th |
|
Legislature, Regular Session, 2015, is redesignated as Subsection |
|
(x), Section 531.102, Government Code. |
|
(18) Section 533.0061, Government Code, as added by |
|
Chapter 837 (S.B. 200), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 533.0065, Government |
|
Code. |
|
(19) Section 656.002, Government Code, as added by |
|
Chapter 111 (S.B. 389), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 656.003, Government Code. |
|
(20) Section 662.061, Government Code, as added by |
|
Chapter 272 (H.B. 369), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 662.063, Government Code. |
|
(21) Section 662.061, Government Code, as added by |
|
Chapter 503 (H.B. 194), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 662.064, Government Code. |
|
(22) Section 662.155, Government Code, as added by |
|
Chapter 686 (H.B. 504), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 662.156, Government Code. |
|
(23) Section 2054.134, Government Code, as added by |
|
Chapter 965 (S.B. 1877), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 2054.135, Government |
|
Code. |
|
(24) Subsection (d-1), Section 2306.185, Government |
|
Code, as added by Chapter 817 (H.B. 3576), Acts of the 84th |
|
Legislature, Regular Session, 2015, is redesignated as Subsection |
|
(d-5), Section 2306.185, Government Code. |
|
(25) Subsection (g), Section 81.046, Health and Safety |
|
Code, as added by Chapter 789 (H.B. 2646), Acts of the 84th |
|
Legislature, Regular Session, 2015, is redesignated as Subsection |
|
(h), Section 81.046, Health and Safety Code. |
|
(26) Section 105.009, Health and Safety Code, as added |
|
by Chapter 1088 (H.B. 2696), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 105.010, Health and |
|
Safety Code. |
|
(27) Chapter 118, Health and Safety Code, as added by |
|
Chapter 1123 (H.B. 3781), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Chapter 119, Health and Safety |
|
Code, and Sections 118.001, 118.051, 118.052, 118.053, 118.054, |
|
118.055, 118.056, 118.101, 118.102, 118.103, 118.104, 118.105, |
|
118.106, and 118.107, Health and Safety Code, as added by that Act, |
|
are redesignated as Sections 119.001, 119.051, 119.052, 119.053, |
|
119.054, 119.055, 119.056, 119.101, 119.102, 119.103, 119.104, |
|
119.105, 119.106, and 119.107, Health and Safety Code, |
|
respectively. |
|
(28) Subsection (d), Section 712.0444, Health and |
|
Safety Code, as added by Chapter 19 (S.B. 656), Acts of the 84th |
|
Legislature, Regular Session, 2015, is redesignated as Subsection |
|
(e), Section 712.0444, Health and Safety Code. |
|
(29) Section 161.088, Human Resources Code, as added |
|
by Chapters 826 (H.B. 4001) and 1200 (S.B. 1385), Acts of the 84th |
|
Legislature, Regular Session, 2015, is redesignated as Section |
|
161.089, Human Resources Code. |
|
(30) Section 55.009, Occupations Code, as added by |
|
Chapter 1193 (S.B. 1307), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 55.010, Occupations Code. |
|
(31) Subsection (l), Section 1701.253, Occupations |
|
Code, as added by Chapter 642 (S.B. 1987), Acts of the 84th |
|
Legislature, Regular Session, 2015, is redesignated as Subsection |
|
(m), Section 1701.253, Occupations Code. |
|
(32) Sections 1701.261 and 1701.262, Occupations |
|
Code, as added by Chapter 725 (H.B. 1338), Acts of the 84th |
|
Legislature, Regular Session, 2015, are redesignated as Sections |
|
1701.264 and 1701.265, Occupations Code, respectively. |
|
(33) Section 1701.262, Occupations Code, as added by |
|
Chapter 1056 (H.B. 2053), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 1701.266, Occupations |
|
Code. |
|
(34) Subchapter M, Chapter 11, Parks and Wildlife |
|
Code, as added by Chapter 1181 (S.B. 1132), Acts of the 84th |
|
Legislature, Regular Session, 2015, is redesignated as Subchapter |
|
N, Chapter 11, Parks and Wildlife Code, and Section 11.351, Parks |
|
and Wildlife Code, as added by that Act, is redesignated as Section |
|
11.401, Parks and Wildlife Code. |
|
(35) Section 21.16, Penal Code, as added by Chapter |
|
676 (H.B. 207), Acts of the 84th Legislature, Regular Session, |
|
2015, is redesignated as Section 21.17, Penal Code. |
|
(36) Section 225.102, Transportation Code, as added by |
|
Chapter 16 (S.B. 489), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 225.110, Transportation |
|
Code. |
|
(37) Section 225.102, Transportation Code, as added by |
|
Chapter 276 (H.B. 598), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 225.111, Transportation |
|
Code. |
|
(38) Section 225.102, Transportation Code, as added by |
|
Chapter 316 (H.B. 1187), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 225.112, Transportation |
|
Code. |
|
(39) Section 225.102, Transportation Code, as added by |
|
Chapter 714 (H.B. 1237), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 225.113, Transportation |
|
Code. |
|
(40) Section 225.102, Transportation Code, as added by |
|
Chapter 1233 (S.B. 2041), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 225.114, Transportation |
|
Code. |
|
(41) Section 225.103, Transportation Code, as added by |
|
Chapter 296 (H.B. 2181), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 225.115, Transportation |
|
Code. |
|
(42) Section 225.103, Transportation Code, as added by |
|
Chapter 349 (H.B. 1044), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 225.116, Transportation |
|
Code. |
|
(43) Section 225.103, Transportation Code, as added by |
|
Chapter 458 (H.B. 481), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 225.117, Transportation |
|
Code. |
|
(44) Section 225.103, Transportation Code, as added by |
|
Chapter 1233 (S.B. 2041), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 225.118, Transportation |
|
Code. |
|
(45) Section 225.105, Transportation Code, as added by |
|
Chapter 13 (S.B. 227), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 225.119, Transportation |
|
Code. |
|
(46) Section 225.105, Transportation Code, as added by |
|
Chapter 271 (H.B. 219), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 225.120, Transportation |
|
Code. |
|
(47) Section 225.106, Transportation Code, as added by |
|
Chapter 35 (S.B. 288), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 225.108, Transportation |
|
Code. |
|
(48) Section 225.106, Transportation Code, as added by |
|
Chapter 506 (H.B. 663), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 225.121, Transportation |
|
Code. |
|
(49) Section 225.106, Transportation Code, as added by |
|
Chapter 566 (H.B. 2540), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 225.122, Transportation |
|
Code. |
|
(50) Section 502.004, Transportation Code, as added by |
|
Chapter 67 (S.B. 449), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 502.005, Transportation |
|
Code. |
|
(51) Subsections (j) and (k), Section 504.315, |
|
Transportation Code, as added by Chapter 34 (S.B. 193), Acts of the |
|
84th Legislature, Regular Session, 2015, are redesignated as |
|
Subsections (n) and (o), Section 504.315, Transportation Code, |
|
respectively. |
|
(52) Subsection (j), Section 504.315, Transportation |
|
Code, as added by Chapter 716 (H.B. 1273), Acts of the 84th |
|
Legislature, Regular Session, 2015, is redesignated as Subsection |
|
(p), Section 504.315, Transportation Code. |
|
(53) Section 504.320, Transportation Code, as added by |
|
Chapter 335 (H.B. 127), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 504.321, Transportation |
|
Code. |
|
(54) Section 504.320, Transportation Code, as added by |
|
Chapter 1012 (H.B. 923), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 504.322, Transportation |
|
Code. |
|
(55) Section 504.649, Transportation Code, as added by |
|
Chapter 942 (H.B. 4099), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 504.666, Transportation |
|
Code. |
|
(56) Section 504.665, Transportation Code, as added by |
|
Chapter 41 (S.B. 742), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 504.667, Transportation |
|
Code. |
|
(57) Section 504.665, Transportation Code, as added by |
|
Chapter 454 (H.B. 315), Acts of the 84th Legislature, Regular |
|
Session, 2015, is redesignated as Section 504.668, Transportation |
|
Code. |
|
SECTION 24.002. The following changes are made to conform |
|
the provisions amended to the redesignating changes made by Section |
|
24.001 of this Act and to correct cross-references: |
|
(1) Section 251.72, Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
Sec. 251.72. CHANGE OF STATUS. Except as provided in |
|
Sections 251.725, 251.726, 251.73, and 251.80, an authorized voting |
|
unit that has exercised or may exercise the right of local option |
|
retains the status adopted, whether absolute prohibition or |
|
legalization of the sale of alcoholic beverages of one or more of |
|
the various types and alcoholic contents on which an issue may be |
|
submitted under the terms of Section 501.035, Election Code, until |
|
that status is changed by a subsequent local option election in the |
|
same authorized voting unit. |
|
(2) Subsections (a) and (d), Section 107.256, Family |
|
Code, as redesignated from Subsections (a) and (d), Section |
|
107.066, Family Code, by Section 24.001 of this Act, are amended to |
|
read as follows: |
|
(a) An office described by Section 107.254 [107.064] or |
|
107.255 [107.065] may be a governmental entity or a nonprofit |
|
corporation operating under a written agreement with a governmental |
|
entity, other than an individual judge or court. |
|
(d) In creating an office of child representation or office |
|
of parent representation under this section, the commissioners |
|
court shall specify or the commissioners courts shall jointly |
|
specify, as applicable: |
|
(1) the duties of the office; |
|
(2) the types of cases to which the office may be |
|
appointed under this chapter and the courts in which an attorney |
|
employed by the office may be required to appear; |
|
(3) if the office is a nonprofit corporation, the term |
|
during which the contract designating the office is effective and |
|
how that contract may be renewed on expiration of the term; and |
|
(4) if an oversight board is established under Section |
|
107.262 [107.072] for the office, the powers and duties that have |
|
been delegated to the oversight board. |
|
(3) Subsection (a), Section 107.305, Family Code, as |
|
redesignated from Subsection (a), Section 107.105, Family Code, by |
|
Section 24.001 of this Act, is amended to read as follows: |
|
(a) Unless a program uses a review committee appointed under |
|
Section 107.306 [107.106], a program under this subchapter must be |
|
directed by a person who: |
|
(1) is a member of the State Bar of Texas; |
|
(2) has practiced law for at least three years; and |
|
(3) has substantial experience in the practice of |
|
child welfare law. |
|
(4) Subsection (b), Section 107.306, Family Code, as |
|
redesignated from Subsection (b), Section 107.106, Family Code, by |
|
Section 24.001 of this Act, is amended to read as follows: |
|
(b) Each member of the committee: |
|
(1) must meet the requirements described by Section |
|
107.305(a) [107.105(a)] for the program director; |
|
(2) may not be employed as a prosecutor; and |
|
(3) may not be included on or apply for inclusion on |
|
the public appointment list. |
|
(5) Subsection (b), Section 261.3025, Family Code, is |
|
amended to read as follows: |
|
(b) The report must include the following information for |
|
the preceding calendar year: |
|
(1) the number of law enforcement officers who |
|
completed the training program established under Section 1701.266 |
|
[1701.262], Occupations Code; |
|
(2) the number of children who have been placed on the |
|
child safety check alert list and the number of those children who |
|
have been located; and |
|
(3) the number of families who have been placed on the |
|
child safety check alert list and the number of those families who |
|
have been located. |
|
(6) Subsection (d), Section 264.201, Family Code, is |
|
amended to read as follows: |
|
(d) The services may include in-home programs, parenting |
|
skills training, youth coping skills, and individual and family |
|
counseling. If the department requires or a court orders parenting |
|
skills training services through a parenting education program, the |
|
program must be an evidence-based or promising practice parenting |
|
education program described by Section 265.151 [265.101] that is |
|
provided in the community in which the family resides, if |
|
available. |
|
(7) Subsection (a-1), Section 265.004, Family Code, is |
|
amended to read as follows: |
|
(a-1) The department shall ensure that not less than 75 |
|
percent of the money appropriated for parenting education programs |
|
under Subsection (a) funds evidence-based programs described by |
|
Section 265.151(b) [265.101(b)] and that the remainder of that |
|
money funds promising practice programs described by Section |
|
265.151(c) [265.101(c)]. |
|
(8) Subsection (a), Section 38.003, Government Code, |
|
as redesignated from Subsection (a), Section 36.003, Government |
|
Code, by Section 24.001 of this Act, is amended to read as follows: |
|
(a) The judge of a county, justice, or municipal court, in |
|
accordance with Section 38.002 [36.002], may award money from a |
|
judicial donation trust fund established under Section 38.001 |
|
[36.001] to eligible children or families who appear before the |
|
court for a truancy or curfew violation or in another misdemeanor |
|
offense proceeding before the court. |
|
(9) Subsection (b), Section 656.023, Government Code, |
|
is amended to read as follows: |
|
(b) A form prescribed by the commission under Subsection (a) |
|
must include a space for a state agency to list a military |
|
occupational specialty code as provided by Section 656.003 |
|
[656.002]. |
|
(10) Subsection (e), Section 2306.185, Government |
|
Code, as amended by Chapters 643 (S.B. 1989) and 817 (H.B. 3576), |
|
Acts of the 84th Legislature, Regular Session, 2015, is reenacted |
|
and amended to read as follows: |
|
(e) Subsections (c), (d), (d-1), (d-2), (d-3), [and] (d-4), |
|
and (d-5) and Section 2306.269 apply only to multifamily rental |
|
housing developments to which the department is providing one or |
|
more of the following forms of assistance: |
|
(1) a loan or grant in an amount greater than 33 |
|
percent of the market value of the development on the date the |
|
recipient completed the construction of the development; |
|
(2) a loan guarantee for a loan in an amount greater |
|
than 33 percent of the market value of the development on the date |
|
the recipient took legal title to the development; or |
|
(3) a low income housing tax credit. |
|
(11) Section 81.032, Local Government Code, is amended |
|
to read as follows: |
|
Sec. 81.032. ACCEPTANCE OF DONATIONS AND BEQUESTS. The |
|
commissioners court may accept a gift, grant, donation, bequest, or |
|
devise of money or other property on behalf of the county, including |
|
a donation under Chapter 38 [36], Government Code, for the purpose |
|
of performing a function conferred by law on the county or a county |
|
officer. |
|
(12) Subsection (m), Section 1701.402, Occupations |
|
Code, is amended to read as follows: |
|
(m) As a requirement for an intermediate or advanced |
|
proficiency certificate issued by the commission on or after |
|
January 1, 2016, an officer must complete an education and training |
|
program on the Texas Crime Information Center's child safety check |
|
alert list established by the commission under Section 1701.266 |
|
[1701.262]. |
|
(13) Subsection (a-1), Section 504.009, |
|
Transportation Code, is amended to read as follows: |
|
(a-1) On request, the Texas Military Department, as defined |
|
by Section 437.001, Government Code, shall issue a souvenir version |
|
of the specialty license plate described by Section 504.322 |
|
[504.320]. |
|
ARTICLE 25. EFFECTIVE DATE |
|
SECTION 25.001. This Act takes effect September 1, 2017. |