H.B. No. 3485
AN ACT
relating to certain county, municipal, district, and other
governmental functions, procedures, powers, duties, and services,
including certain criminal procedures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 15.08, Code of Criminal Procedure, is
amended to read as follows:
Art. 15.08. WARRANT MAY BE FORWARDED [TELEGRAPHED]. A
warrant of arrest may be forwarded by a method that ensures the
transmission of a duplicate of the original warrant, including
secure facsimile transmission or other secure electronic means
[telegraph from any telegraph office to another in this State]. If
issued by any magistrate named in Article 15.06, the peace officer
receiving the same shall execute it without delay. If it be issued
by any other magistrate than is named in Article 15.06, the peace
officer receiving the same shall proceed with it to the nearest
magistrate of the peace officer's [his] county, who shall endorse
thereon, in substance, these words:
"Let this warrant be executed in the county of ...........",
which endorsement shall be dated and signed officially by the
magistrate making the same.
SECTION 2. Article 15.09, Code of Criminal Procedure, is
amended to read as follows:
Art. 15.09. COMPLAINT MAY BE FORWARDED [BY TELEGRAPH]. A
complaint in accordance with Article 15.05, may be forwarded
[telegraphed], as provided by [in the preceding] Article 15.08, to
any magistrate in the State; and the magistrate who receives the
same shall forthwith issue a warrant for the arrest of the accused;
and the accused, when arrested, shall be dealt with as provided in
this Chapter in similar cases.
SECTION 3. Article 15.19(a), Code of Criminal Procedure, is
amended to read as follows:
(a) If the arrested person fails or refuses to give bail, as
provided in Article 15.18, the arrested person shall be committed
to the jail of the county where the person was arrested; and the
magistrate committing the arrested person shall immediately
provide notice to the sheriff of the county in which the offense is
alleged to have been committed regarding:
(1) the arrest and commitment, which notice may be
given by [telegraph,] mail[,] or other written means or by secure
facsimile transmission or other secure electronic means; and
(2) whether the person was also arrested under a
warrant issued under Section 508.251, Government Code.
SECTION 4. Article 20.011(a), Code of Criminal Procedure,
is amended to read as follows:
(a) Only the following persons may be present in a grand
jury room while the grand jury is conducting proceedings:
(1) grand jurors;
(2) bailiffs;
(3) the attorney representing the state;
(4) witnesses while being examined or when necessary
to assist the attorney representing the state in examining other
witnesses or presenting evidence to the grand jury;
(5) interpreters, if necessary; [and]
(6) a stenographer or person operating an electronic
recording device, as provided by Article 20.012; and
(7) a person operating a video teleconferencing system
for use under Article 20.151.
SECTION 5. Article 20.02(b), Code of Criminal Procedure, is
amended to read as follows:
(b) A grand juror, bailiff, interpreter, stenographer or
person operating an electronic recording device, [or] person
preparing a typewritten transcription of a stenographic or
electronic recording, or person operating a video teleconferencing
system for use under Article 20.151 who discloses anything
transpiring before the grand jury, regardless of whether the thing
transpiring is recorded, in the course of the official duties of the
grand jury, is [shall be] liable to a fine as for contempt of the
court, not exceeding $500 [five hundred dollars], imprisonment not
exceeding 30 [thirty] days, or both the [such] fine and
imprisonment.
SECTION 6. Chapter 20, Code of Criminal Procedure, is
amended by adding Article 20.151 to read as follows:
Art. 20.151. CERTAIN TESTIMONY BY VIDEO TELECONFERENCING.
(a) With the consent of the foreman of the grand jury and the
attorney representing the state, a peace officer summoned to
testify before the grand jury may testify through the use of a
closed circuit video teleconferencing system that provides an
encrypted, simultaneous, compressed full motion video and
interactive communication of image and sound between the peace
officer, the attorney representing the state, and the grand jury.
(b) In addition to being administered the oath described by
Article 20.16(a), before being interrogated, a peace officer
testifying through the use of a closed circuit video
teleconferencing system under this article shall affirm that:
(1) no person other than a person in the grand jury
room is capable of hearing the peace officer's testimony; and
(2) the peace officer's testimony is not being
recorded or otherwise preserved by any person at the location from
which the peace officer is testifying.
(c) Testimony received from a peace officer under this
article shall be recorded and preserved.
SECTION 7. Article 27.18, Code of Criminal Procedure, is
amended by amending Subsection (c) and adding Subsection (c-1) to
read as follows:
(c) A recording of the communication shall be made and
preserved until all appellate proceedings have been disposed of. A
court reporter or court recorder is not required to take a
transcription of a plea taken under this article.
(c-1) The defendant may obtain a copy of a [the] recording
made under Subsection (c) on payment of a reasonable amount to cover
the costs of reproduction or, if the defendant is indigent, the
court shall provide a copy to the defendant without charging a cost
for the copy. The loss or destruction of or failure to make a video
recording of a plea entered under this article is not alone
sufficient grounds for a defendant to withdraw the defendant's plea
or to request the court to set aside a conviction or sentence based
on the plea.
SECTION 8. Article 38.073, Code of Criminal Procedure, is
amended to read as follows:
Art. 38.073. TESTIMONY OF INMATE WITNESSES. In a
proceeding in the prosecution of a criminal offense in which an
inmate in the custody of the Texas Department of Criminal Justice is
required to testify as a witness, any deposition or testimony of the
inmate witness may be conducted by a video teleconferencing system
in the manner described by Article 27.18 [electronic means, in the
same manner as permitted in civil cases under Section 30.012, Civil
Practice and Remedies Code].
SECTION 9. Article 49.01, Code of Criminal Procedure, is
amended to read as follows:
Art. 49.01. DEFINITIONS. In this chapter [article]:
(1) "Autopsy" means a post mortem examination of the
body of a person, including an external examination of the body
[X-rays] and an examination of the internal organs [and structures
after dissection], to determine the cause and manner of death or the
nature of any pathological changes that may have contributed to the
death or to obtain information or material for evidentiary or
identification purposes. The forensic pathologist or physician
performing the autopsy may limit the individuals in attendance at
the examination and may vary the extent of the examination. The
examination may include:
(A) radiographs;
(B) a microscopic examination;
(C) retention of an organ part or whole organ;
(D) an anthropologic examination;
(E) a dental examination;
(F) any other procedure considered necessary by
the examining forensic pathologist or physician; or
(G) at the discretion of the medical examiner,
the medical examiner's designee, or the justice of the peace, as
appropriate, an in-person examination of the scene of death or
injury or an examination of the scene through reports or
photographs related to the injury or death.
(1-a) "Forensic pathologist" means a physician who is
board certified in anatomic and forensic pathology by the American
Board of Pathology.
(2) "Inquest" means an investigation into the cause
and circumstances of the death of a person, and a determination,
made with or without a formal court hearing, as to whether the death
was caused by an unlawful act or omission. The term includes each
level of investigation, from rudimentary information gathering to a
complete autopsy examination and formal hearing.
(3) "Inquest hearing" means a formal court hearing
held to determine whether the death of a person was caused by an
unlawful act or omission and, if the death was caused by an unlawful
act or omission, to obtain evidence to form the basis of a criminal
prosecution.
(4) "Institution" means any place where health care
services are rendered, including a hospital, clinic, health
facility, nursing home, extended-care facility, out-patient
facility, foster-care facility, and retirement home.
(5) "Physician" means a practicing doctor of medicine
or doctor of osteopathic medicine who is licensed by the Texas
[State Board of] Medical Board [Examiners] under Subtitle B, Title
3, Occupations Code.
SECTION 10. Section 1, Article 49.25, Code of Criminal
Procedure, is amended to read as follows:
Sec. 1. OFFICE AUTHORIZED. Subject to the provisions of
this Article [Act], the Commissioners Court of any county having a
population of more than one million [and not having a reputable
medical school as defined in Articles 4501 and 4503, Revised Civil
Statutes of Texas,] shall establish and maintain the office of
medical examiner, and the Commissioners Court of any county may
establish and provide for the maintenance of the office of medical
examiner. Population shall be according to the last preceding
federal census.
SECTION 11. Subsection (b), Section 1-a, Article 49.25,
Code of Criminal Procedure, is amended to read as follows:
(b) There may be only one chief medical examiner in a
medical examiners district, although the chief medical examiner
[he] may employ, within the district, necessary staff personnel,
including deputy medical examiners. When a county becomes a part of
a medical examiners district, the effect is the same within the
county as if the office of medical examiner had been established in
that county alone. A [The] district medical examiner has all the
powers and duties within the district that a medical examiner who
serves in a single county has within that county.
SECTION 12. Section 2, Article 49.25, Code of Criminal
Procedure, is amended to read as follows:
Sec. 2. APPOINTMENTS AND QUALIFICATIONS. (a) The
commissioners court shall appoint the chief medical examiner, who
serves [shall serve] at the pleasure of the commissioners court.
The chief medical examiner must be:
(1) board certified in anatomic and forensic pathology
by the American Board of Pathology; and
(2) [No person shall be appointed medical examiner
unless he is] a physician licensed by the Texas [State Board of]
Medical Board [Examiners. To the greatest extent possible, the
medical examiner shall be appointed from persons having training
and experience in pathology, toxicology, histology and other
medico-legal sciences].
(b) The chief medical examiner shall devote the [so much of
his] time and energy [as is] necessary to perform [in the
performance of] the duties conferred by this Article.
SECTION 13. Section 3, Article 49.25, Code of Criminal
Procedure, is amended to read as follows:
Sec. 3. ASSISTANTS. (a) The chief medical examiner may,
subject to the approval of the commissioners court, employ the
[such] deputy medical examiners, medical, dental, or anthropologic
consultants, scientific experts, trained technicians, officers,
and employees [as may be] necessary to properly perform [the proper
performance of] the duties imposed by this Article on [upon] the
chief medical examiner.
(b) A deputy medical examiner must:
(1) be board certified in anatomic and forensic
pathology; or
(2) have satisfactorily completed accredited
residency and fellowship training programs in anatomic and forensic
pathology and, not later than the third anniversary of the date the
training programs were completed, obtain board certification in
anatomic and forensic pathology.
SECTION 14. Section 4, Article 49.25, Code of Criminal
Procedure, is amended to read as follows:
Sec. 4. SALARIES. The commissioners court shall establish
and pay the salaries and compensations of the chief medical
examiner and the chief medical examiner's [his] staff.
SECTION 15. Section 6, Article 49.25, Code of Criminal
Procedure, is amended to read as follows:
Sec. 6. DEATH INVESTIGATIONS. (a) A chief [Any] medical
examiner, or the chief medical examiner's [his] duly authorized
deputy medical examiner, shall [be authorized, and it shall be his
duty, to] hold inquests with or without a jury in the [within his]
county in which the office is established[,] in the following
cases:
(1) [1.] When a person dies [shall die] within
twenty-four hours after the person is:
(A) admitted [admission] to a hospital or
institution;
(B) confined [or] in prison or in jail; or
(C) placed in law enforcement custody;
(2) [2.] When any person:
(A) is killed;
(B) [or] from any cause dies an unnatural death,
except under sentence of the law;
(C) [or] dies in the absence of one or more good
witnesses; or
(D) dies as a result of medical treatment or
therapy;
(3) [3.] When the body or a body part of a person is
found and[,] the cause or circumstances of death are unknown[, and:
[(A) the person is identified; or
[(B) the person is unidentified];
(4) [4.] When the circumstances of the death of any
person [are such as to] lead to suspicion that the person died [he
came to his death] by unlawful means;
(5) [5.] When any person commits suicide, or the
circumstances of the person's [his] death [are such as to] lead to
suspicion that the person [he] committed suicide;
(6) [6.] When a person dies who has not [without
having] been attended during the preceding year by a duly licensed
and practicing physician[, and the local health officer or
registrar required to report the cause of death under Section
193.005, Health and Safety Code, does not know the cause of death.
When the local health officer or registrar of vital statistics
whose duty it is to certify the cause of death does not know the
cause of death, he shall so notify the medical examiner of the
county in which the death occurred and request an inquest];
(7) [7.] When the person is a child [who is] younger
than six years of age and the death is reported under Chapter 264,
Family Code; [and]
(8) When an unidentified person dies; and
(9) [8.] When a person dies who has been attended
immediately preceding the person's [his] death by a duly licensed
and practicing physician or physicians[,] and the [such] physician
or physicians [are not certain as to the cause of death and] are
unable to certify to a reasonable degree of medical probability
[with certainty] the cause of death as required by Section 193.005
[193.004], Health and Safety Code.
(a-1) If a physician is unable to certify the cause of death
to a reasonable degree of medical probability, [In case of such
uncertainty] the attending physician or physicians, or the
superintendent or general manager of the hospital or institution in
which the deceased [shall have] died, shall [so] report the
inability to the medical examiner of the county in which the death
occurred[,] and request an inquest.
(a-2) If a medical examiner determines after performing an
inquest that the death is due to natural causes and the deceased
person was attended by a physician at the time of death or during
the preceding year, the medical examiner may waive the medical
examiner's authority to further investigate the case. If the
medical examiner waives the authority to further investigate the
case, the attending physician shall certify the cause of death.
(b) The inquests authorized and required by this Article
shall be held by the chief medical examiner of the county in which
the death occurred.
(c) In making such investigations and holding such
inquests, the chief medical examiner or an authorized deputy
medical examiner may administer oaths and take affidavits. In the
absence of next of kin or legal representatives of the deceased, the
chief medical examiner or authorized deputy medical examiner shall
take charge of the body and all property found with it.
(d) A medical examiner may subpoena medical records, law
enforcement records, or other types of records required to perform
the duties imposed under this section.
SECTION 16. Section 6a, Article 49.25, Code of Criminal
Procedure, is amended to read as follows:
Sec. 6a. ORGAN TRANSPLANT DONORS; NOTICE; INQUESTS.
(a) When death occurs to an individual designated a prospective
organ donor for transplantation by a licensed physician under
circumstances requiring the chief medical examiner of the county in
which death occurred, or the chief medical examiner's authorized
deputy medical examiner, to hold an inquest, the chief medical
examiner, or a member of the chief medical examiner's [his] staff,
shall [will] be [so] notified by the administrative head of the
facility in which the prospective donor is located [transplantation
is to be performed].
(b) When notified pursuant to Subsection (a) of this
Section, the chief medical examiner or the chief medical examiner's
deputy medical examiner shall perform an inquest on the deceased
prospective organ donor.
(c) Subject to the procedures and requirements established
by Section 693.002, Health and Safety Code, a medical examiner may:
(1) determine before or after the medical examiner
examines the body of the deceased that the release of organs or
tissues for transplant purposes will likely hinder the
determination of the cause or manner of death or compromise an
evidentiary aspect of the examination; and
(2) based on the determination, prohibit or limit the
extent of the organ or tissue removal.
SECTION 17. Section 7(b), Article 49.25, Code of Criminal
Procedure, is amended to read as follows:
(b) A person investigating the [a] death of an unidentified
person [described by Subdivision 3(B) of Section 6(a)] shall report
the death to the missing children and missing persons information
clearinghouse of the Department of Public Safety and the national
crime information center not later than the 10th working day after
the date the investigation began.
SECTION 18. Section 8, Article 49.25, Code of Criminal
Procedure, is amended to read as follows:
Sec. 8. REMOVAL OF BODIES. When any death under
circumstances set out in Section 6 of this Article occurs [shall
have occurred], the body shall not be disturbed or removed from the
position in which it is found by any person without authorization
from the chief medical examiner or an authorized deputy medical
examiner, except for the purpose of preserving the [such] body from
loss or destruction or maintaining the flow of traffic on a highway,
railroad, or airport.
SECTION 19. Section 9, Article 49.25, Code of Criminal
Procedure, is amended to read as follows:
Sec. 9. AUTOPSY. (a) If the cause of death is [shall be]
determined beyond a reasonable doubt as a result of the
investigation, the medical examiner shall prepare [file] a report
on the investigation [thereof] setting forth specifically the cause
of death and file the report with the district attorney or criminal
district attorney, or in a county in which there is no district
attorney or criminal district attorney with the county attorney, of
the county in which the death occurred.
(b) If in the opinion of the medical examiner an autopsy is
necessary to determine the cause or manner of death, to better
determine any pathological or injurious process present, or to
obtain evidence for a potential legal proceeding or for
identification purposes, or if the autopsy [such] is requested by
the district attorney or criminal district attorney, or county
attorney where there is no district attorney or criminal district
attorney, the autopsy shall be [immediately] performed by the chief
medical examiner or a duly authorized deputy medical examiner. In
[those] cases where a complete autopsy is considered [deemed]
unnecessary by the medical examiner to ascertain the cause of
death, the medical examiner may perform a limited autopsy or
external inspection of the body that may include [involving the]
taking [of] blood samples or any other samples of body fluids,
tissues, or organs[, in order] to ascertain the cause of death or
whether a crime has been committed.
(c) If [In] the identity [case] of a body of a human being
[whose identity] is unknown, the medical examiner may authorize the
[such] investigative and laboratory tests and processes [as are]
required to determine the [its] identity and [as well as] the cause
of death.
(d) The extent of an autopsy is solely at the discretion of
the medical examiner.
(e) A medical examiner is not required to notify or seek any
approval from a deceased person's next of kin to perform an autopsy
or any other type of examination related to an autopsy.
(f) On [In performing an autopsy the medical examiner or
authorized deputy may use the facilities of any city or county
hospital within the county or such other facilities as are made
available. Upon] completion of the autopsy, the medical examiner
shall prepare [file] a report setting forth the findings in detail
and file the report with the office of the district attorney or
criminal district attorney of the county, or if there is no district
attorney or criminal district attorney, with the county attorney of
the county.
(g) [(b)] A medical examination on an unidentified person
shall include the following information to enable a timely and
accurate identification of the person:
(1) all available fingerprints and palm prints;
(2) dental charts and radiographs (X-rays) of the
person's teeth;
(3) [frontal and lateral] facial photographs with
scale indicated;
(4) notation [and photographs, with scale indicated,]
of a significant scar, mark, tattoo, or item of clothing or other
personal effect found with or near the body;
(5) notation of any identified antemortem medical
conditions; and
(6) notation of observations pertinent to the
estimation of time of death[; and
[(7) precise documentation of the location of burial
of the remains].
(h) [(c)] A medical examination on an unidentified person
may include the following information to enable a timely and
accurate identification of the person:
(1) full body radiographs (X-rays); and
(2) [hair] specimens from the body for DNA
characterization and comparison [with roots].
(i) A medical examiner performing an autopsy of a deceased
person may retain an organ or part of an organ if the medical
examiner determines that retaining the organ or organ part is
necessary for further examination and testing. After completing
the examination or testing on the organ or organ part, the medical
examiner shall:
(1) retain the organ or organ part as required by law
or by published professional or accreditation standards;
(2) dispose of the organ or organ part as a hazardous
biological specimen; or
(3) release the organ or organ part to the funeral
establishment or crematory under Subsection (m)(2).
(j) A medical examiner may not be required to perform an
autopsy on a person whose death resulted from a highly infectious
disease or a chemical or radiological agent that presents a hazard
to the medical examiner, the medical examiner's staff, or the
public.
(k) Except as provided by Subsection (l), a medical examiner
may not perform an autopsy on a deceased person if the medical
examiner receives before the performance of the autopsy a notarized
affidavit signed by the person before the person's death that
states the person's objection for religious reasons to the
performance of an autopsy on the person after the person's death.
(l) A medical examiner may perform an autopsy on a deceased
person following receipt of a notarized affidavit under Subsection
(k) if the chief medical examiner determines a compelling public
necessity exists to perform the autopsy on the deceased person
despite the objection.
(m) If the medical examiner performs the autopsy despite
receipt of a notarized affidavit under Subsection (k), the medical
examiner shall:
(1) use the least invasive means possible in the
performance of the autopsy; and
(2) notwithstanding Subsection (i), release to the
funeral establishment or crematory any organ or organ part retained
by the medical examiner, except as required by law or by published
professional or accreditation standards.
(n) In this section, "compelling public necessity" means:
(1) a criminal homicide investigation in which the
deceased person is the victim;
(2) an immediate and substantial threat to public
health;
(3) the death of a child under 12 years of age for
which the cause of death is not apparent and neglect or a threat to
public health was suspected;
(4) the cause or manner of death of the deceased person
is not apparent after a diligent investigation by the medical
examiner; or
(5) the autopsy is required by law.
SECTION 20. Section 10, Article 49.25, Code of Criminal
Procedure, is amended to read as follows:
Sec. 10. DISINTERMENTS AND CREMATIONS. (a) The [When a
body upon which an inquest ought to have been held has been
interred, the] medical examiner may cause a body that has been
interred and on which an inquest should have been held [it] to be
disinterred for the purpose of holding the [such] inquest.
(b) A [Before any] body on[, upon] which an inquest is
authorized by [the provisions of] this Article may not[, can] be
[lawfully] cremated unless[,] an examination is [autopsy shall be]
performed on the body [thereon] as provided in this Article[,] or a
certificate that the examination [no autopsy] was not necessary is
[shall be] furnished by the medical examiner.
(c) Before a [any] dead body may [can] be [lawfully]
cremated, the owner or operator of the crematory shall demand and be
furnished with a certificate, signed by the medical examiner of the
county in which the death occurred stating [showing] that:
(1) an examination [autopsy] was performed on the
[said] body; or
(2) an examination on the body [that no autopsy
thereon] was not necessary.
(d) The [It shall be the duty of the] medical examiner shall
[to] determine whether or not, from all the circumstances
surrounding the death, an examination [autopsy] is necessary prior
to issuing a certificate under [the provisions of] this section.
(e) The owner or operator of a crematory requesting
authorization to cremate a body shall provide the medical examiner
with a legible and properly completed death certificate.
(f) A medical examiner is not required to perform an
examination [No autopsy shall be required by the medical examiner]
as a prerequisite to cremation if the [in case] death was [is]
caused by [the] pestilential or highly infectious diseases [of
Asiatic cholera, bubonic plague, typhus fever, or smallpox].
(g) All certificates furnished to the owner or operator of a
crematory by any medical examiner, under the terms of this Article,
shall be preserved by the [such] owner or operator until the second
anniversary of [such crematory for a period of two years from] the
date of the body's cremation [of said body].
(h) A medical examiner is not required to perform an autopsy
on the body of a deceased person whose death was caused by a
communicable disease during a public health disaster.
SECTION 21. Section 10a, Article 49.25, Code of Criminal
Procedure, is amended to read as follows:
Sec. 10a. WAITING PERIOD BETWEEN DEATH AND CREMATION.
(a) The body of a deceased person shall not be cremated within 48
hours after the time of death as indicated on the regular death
certificate, unless:
(1) the death certificate indicates death was caused
by [the] pestilential or highly infectious diseases; [of Asiatic
cholera, bubonic plague, typhus fever, or smallpox,] or
(2) [unless] the time requirement is waived in writing
by the county medical examiner or, in counties without [not having]
a county medical examiner, a justice of the peace.
(b) In a public health disaster, the commissioner of state
[public] health services may designate other communicable diseases
for which cremation within 48 hours of the time of death is
authorized.
SECTION 22. Section 11, Article 49.25, Code of Criminal
Procedure, is amended to read as follows:
Sec. 11. RECORDS. (a) The medical examiner shall:
(1) keep full and complete records properly indexed
that include[, giving] the name if known of every person whose death
is investigated, the place where the body was found, the date, and
the cause and manner of death;[,] and
(2) [shall] issue a death certificate.
(b) The full report and detailed findings of the autopsy, if
any, shall be a part of the record.
(c) [Copies of all records shall promptly be delivered to
the proper district, county, or criminal district attorney in any
case where further investigation is advisable.] The records are
subject to required public disclosure in accordance with Chapter
552, Government Code, except that a photograph or x-ray of a body
taken during a medical examiner investigation [an autopsy] is
excepted from required public disclosure in accordance with Chapter
552, Government Code, but is subject to disclosure:
(1) under a subpoena or authority of other law; or
(2) if the photograph or x-ray is of the body of a
person who died while in the custody of law enforcement.
SECTION 23. Section 12, Article 49.25, Code of Criminal
Procedure, is amended to read as follows:
Sec. 12. TRANSFER OF DUTIES OF JUSTICE OF PEACE. When the
commissioners court of any county establishes [shall establish] the
office of medical examiner, all powers and duties of justices of the
peace in the [such] county relating to the investigation of deaths
and inquests [shall] vest in the office of the medical examiner.
Any subsequent General Law pertaining to the duties of justices of
the peace in death investigations and inquests [shall] apply to the
medical examiner in the county [such counties as] to the extent not
inconsistent with this Article, and all laws or parts of laws
otherwise in conflict with this Article [herewith] are [hereby]
declared [to be] inapplicable to this Article.
SECTION 24. Subsection (a), Section 14, Article 49.25, Code
of Criminal Procedure, is amended to read as follows:
(a) A person commits an offense if the person knowingly
violates this article or knowingly provides false information to a
medical examiner in the performance by the medical examiner of an
investigation under this article.
SECTION 25. Article 49.25, Code of Criminal Procedure, is
amended by adding Sections 13A and 13B to read as follows:
Sec. 13A. FEES. A medical examiner may charge reasonable
fees for services provided by the medical examiner's office under
this Article, including cremation approvals, court testimonies,
consultations, and depositions.
Sec. 13B. EDUCATION AND RESEARCH. (a) A medical examiner
may use for educational or teaching purposes photographs taken
during a death investigation.
(b) A medical examiner's office may engage in educational
and research activities that do not interfere with the performance
of the duties imposed on the office under this Article.
SECTION 26. Section 61.0572, Education Code, is amended by
adding Subsection (f) to read as follows:
(f) Approval of the board is not required for buildings or
other facilities financed by a public improvement district under
Subchapter A, Chapter 372, Local Government Code.
SECTION 27. Section 61.058, Education Code, is amended by
adding Subsection (c) to read as follows:
(c) This section does not apply to construction, repair, or
rehabilitation of buildings or other facilities financed by a
public improvement district under Subchapter A, Chapter 372, Local
Government Code.
SECTION 28. Section 31.037, Election Code, is amended to
read as follows:
Sec. 31.037. SUSPENSION OR TERMINATION OF EMPLOYMENT. The
employment of the county elections administrator may be suspended,
with or without pay, or terminated at any time for good and
sufficient cause on the four-fifths vote of the county election
commission and approval of that action by a majority vote of the
commissioners court.
SECTION 29. Section 61.001(f), Government Code, is amended
to read as follows:
(f) A reimbursement for expenses under this section is not a
property right of a person who reports for jury service for purposes
of Chapters 72 and 74, Property Code. If a check, instrument, or
other method of payment authorized under Section 113.048, Local
Government Code, [instrument] representing a reimbursement under
this section is not presented for payment or redeemed before the
90th day after it is issued:
(1) the instrument or other method of payment is
considered forfeited and is void; and
(2) the money represented by the instrument or other
method of payment may be placed or retained in the county's jury
fund, the county's general fund, or any other fund in which county
funds can be legally placed, at the discretion of the commissioners
court.
SECTION 30. Section 61.003, Government Code, is amended by
adding Subsection (e) to read as follows:
(e) Notwithstanding Subsection (a), a county that has
adopted a system or method of payment authorized by Section
113.048, Local Government Code, may provide a person who reports
for jury service in the county an opportunity to donate all, or a
specific part designated by the juror, of the juror's daily
reimbursement by completing a self-executing application on a form
prescribed by the commissioners court.
SECTION 31. Subchapter B, Chapter 281, Health and Safety
Code, is amended by adding Section 281.0282 to read as follows:
Sec. 281.0282. DALLAS COUNTY HOSPITAL DISTRICT; EMPLOYMENT
OF HEALTH CARE PROVIDERS AND PHYSICIANS. (a) The board of the
Dallas County Hospital District may appoint, contract for, or
employ physicians, dentists, and other health care providers as the
board considers necessary for the efficient operation of the
district.
(b) The term of an employment contract entered into under
this section may not exceed four years.
(c) This section may not be construed as authorizing the
board of the Dallas County Hospital District to supervise or
control the practice of medicine, as prohibited by Subtitle B,
Title 3, Occupations Code.
(d) The authority granted to the board of the Dallas County
Hospital District under Subsection (a) to employ physicians shall
apply only as necessary for the district to fulfill the district's
statutory mandate to provide medical care for the indigent and
needy residents of the district as provided by Section 281.046.
(e) The Dallas County Hospital District shall establish a
committee consisting of at least five actively practicing
physicians who provide care in the district. The committee shall
approve existing policies or adopt new policies, if no policies
exist, to ensure that a physician who is employed by the district is
exercising the physician's independent medical judgment in
providing care to patients.
(f) The chair of the committee must be a member of the
executive committee of the Dallas County Hospital District's
medical staff.
(g) The policies adopted or approved by the committee shall
include policies relating to credentialing, quality assurance,
utilization review, peer review, medical decision-making,
governance of the committee, and due process.
(h) Each member of a committee shall provide biennially to
the chief medical officer of the Dallas County Hospital District a
signed, verified statement indicating that the committee member:
(1) is licensed by the Texas Medical Board;
(2) will exercise independent medical judgment in all
committee matters, including matters relating to credentialing,
quality assurance, utilization review, peer review, medical
decision-making, and due process;
(3) will exercise the committee member's best efforts
to ensure compliance with the Dallas County Hospital District's
policies that are adopted or established by the committee; and
(4) will report immediately to the Texas Medical Board
any action or event that the committee member reasonably and in good
faith believes constitutes a compromise of the independent medical
judgment of a physician in caring for a patient.
(i) The committee shall adopt rules requiring the
disclosure of financial conflicts of interest by a committee
member.
(j) For all matters relating to the practice of medicine,
each physician employed by the board shall ultimately report to the
chief medical officer of the Dallas County Hospital District.
SECTION 32. Chapter 311, Health and Safety Code, is amended
by adding Subchapter E to read as follows:
SUBCHAPTER E. EMPLOYMENT OF PHYSICIANS BY CERTAIN HOSPITALS
Sec. 311.061. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to a hospital located in a county with a population of
50,000 or less and operated by a governmental entity.
Sec. 311.062. EMPLOYMENT OF PHYSICIAN PERMITTED. (a) A
hospital may employ a physician and retain all or part of the
professional income generated by the physician for medical services
provided at the hospital if the hospital:
(1) is certified by the Texas Medical Board under
Section 162.001(d), Occupations Code;
(2) satisfies the requirements of Subchapter A,
Chapter 162, Occupations Code, including Texas Medical Board rules;
and
(3) satisfies the requirements of this subchapter.
(b) A hospital subject to this subchapter may continue to
employ any physicians employed by the hospital on or before the date
of release of a federal decennial census that shows the county's
population exceeds 50,000. The hospital may not employ a new
physician after that date.
(c) The requirements of this subchapter and Subchapter A,
Chapter 162, Occupations Code, may not be voided or waived by
contract.
Sec. 311.063. HOSPITAL POLICIES. (a) A hospital shall
adopt, maintain, and enforce policies to ensure that a physician
employed under this subchapter whose professional income is
retained under Section 311.062 exercises independent medical
judgment when providing care to patients at the hospital.
(b) The policies adopted under this section must include
policies relating to:
(1) credentialing and privileges;
(2) quality assurance;
(3) utilization review;
(4) peer review;
(5) medical decision-making; and
(6) due process.
(c) The policies adopted under this section, including any
amendments to the policies, must be approved by the hospital
governing board after input from the medical staff as appropriate.
(d) The policies adopted under this section must include the
implementation of a complaint mechanism for processing and
resolving complaints regarding interference or attempted
interference with the physician's independent medical judgment.
The policies must address the manner in which the public can access
board complaint procedures.
(e) The policies of the hospital must be drafted and
interpreted in a manner that reserves to physicians, including
physicians employed and physicians not employed by the hospital,
the sole authority to engage in the practice of medicine.
Sec. 311.064. CREDENTIALING AND PRIVILEGES. (a) A
physician employed by a hospital under this subchapter is subject
to the same standards and procedures regarding credentialing, peer
review, quality of care, and privileges as a physician not employed
by the hospital.
(b) A hospital shall give equal consideration regarding the
issuance of credentials and privileges to physicians employed by
the hospital and physicians not employed by the hospital.
Sec. 311.065. OTHER HOSPITAL-PHYSICIAN RELATIONSHIPS.
This subchapter may not be construed as altering, voiding, or
prohibiting any relationship between a hospital and a physician,
including a contract or arrangement with an approved nonprofit
health corporation that is certified under Section 162.001(b),
Occupations Code, and that holds a certificate of authority issued
under Chapter 844, Insurance Code.
Sec. 311.066. MEDICAL STAFF BYLAWS. The medical staff
bylaws of a hospital may not discriminate against or favor a
physician based solely on the physician's employment status with
the hospital, including emergency call or charity care obligations.
Sec. 311.067. FAIR PROCESS; PEER REVIEW. (a) Termination
of a physician's employment by a hospital is subject to a fair
review process.
(b) A hospital that employs physicians shall provide peer
review and quality assurance through a multi-hospital peer review
agreement, an external independent peer review organization, or an
internal peer review process approved by the hospital governing
board with appropriate input from the medical staff.
Sec. 311.068. REFERRAL OF PATIENTS. (a) In this section,
"referral" means referral for admissions, diagnostic tests and
procedures, surgeries, or other health care services.
(b) An employment agreement entered into between a
physician and a hospital under this subchapter:
(1) must state that the hospital may not set goals
regarding referrals; and
(2) may not set, as a condition of employment, the
volume or number of referrals that must be made.
Sec. 311.069. NONRETALIATION REQUIREMENTS. (a) A hospital
may not terminate, retaliate against, or otherwise penalize a
person who reports in good faith to the hospital or the Texas
Medical Board a violation or attempted violation of this
subchapter, Subchapter A, Chapter 162, Occupations Code, or Texas
Medical Board rules.
(b) A hospital may not prohibit, restrict, or discourage a
physician from communicating with the hospital or advocating for a
patient regarding medically appropriate health care.
(c) A physician who makes a report under this section:
(1) is immune from civil liability for a report made in
good faith; and
(2) may not be disciplined by the Texas Medical Board
for any corporate practice of medicine violation related to the
reported action, event, or policy.
Sec. 311.070. LIABILITY. (a) In this section:
(1) "Governmental unit" has the meaning assigned by
Section 101.001, Civil Practice and Remedies Code.
(2) "Governmental hospital" means a hospital that is
owned or operated by a governmental unit.
(3) "Health care liability claim" has the meaning
assigned by Section 74.001, Civil Practice and Remedies Code.
(b) Chapters 101 and 108, Civil Practice and Remedies Code,
do not apply in an action in which final judgment is rendered in a
health care liability claim against a physician employed under this
subchapter by a governmental hospital.
(c) A physician's civil liability is limited to a maximum
amount of $250,000 for each single occurrence of bodily injury or
death in an action in which final judgment is rendered in a health
care liability claim against a physician employed under this
subchapter by a governmental hospital.
(d) A governmental hospital shall maintain professional
liability insurance or a plan of self-insurance covering each
physician employed by the hospital in the amount of $250,000 for
each single occurrence of bodily injury or death.
SECTION 33. Section 694.002, Health and Safety Code, is
amended by adding Subsections (c) and (d) to read as follows:
(c) If a county discovers cash in the possession of a
deceased pauper, the county shall place the money in a trust
account. A person having a claim to the money in the trust account
must exercise the right to collect the money not later than the
first anniversary of the date the money is placed in the trust
account.
(d) A county may create a fund to be used by the county to
pay the costs incurred in disposing of the bodies of deceased
paupers. If money placed in a trust account under Subsection (c) is
not claimed by the first anniversary of the date the money is placed
in the trust account, the county may transfer the money to the fund
created under this subsection.
SECTION 34. Section 716.101, Health and Safety Code, is
amended to read as follows:
Sec. 716.101. UNIDENTIFIED HUMAN REMAINS. (a) Except as
provided by Subsection (b), a [A] crematory establishment may not
accept for cremation unidentified human remains.
(b) Notwithstanding any other provision of this chapter, a
crematory establishment may accept for cremation unidentified
human remains from a county on the order of:
(1) the county commissioners court; or
(2) a court located in the county.
SECTION 35. Subchapter C, Chapter 113, Local Government
Code, is amended by adding Section 113.048 to read as follows:
Sec. 113.048. DISBURSEMENT OF MONEY FOR JURY SERVICE. (a)
Notwithstanding any other provision of this subchapter or other law
to the contrary, a county treasurer may disburse to a person who
reports for jury service and discharges the person's duty the daily
amount of reimbursement for jury service expenses set by the
commissioners court under Section 61.001, Government Code, by:
(1) using an electronic funds transfer system in
accordance with Chapter 156;
(2) using a cash dispensing machine;
(3) issuing a debit card or a stored value card; or
(4) using any other method that the county treasurer
and the commissioners court determine is secure, accurate, and
cost-effective and that is convenient for persons who report for
jury service.
(b) A system or method of payment adopted by a county
treasurer under Subsection (a) may be implemented only if it is
approved by the commissioners court and administered in accordance
with the procedures established by the county auditor or by the
chief financial officer of a county that does not have a county
auditor.
(c) A system or method of payment authorized by this section
may be used in lieu of or in addition to the issuance of warrants or
checks authorized under this subchapter.
SECTION 36. Sections 155.002(a) and (b), Local Government
Code, are amended to read as follows:
(a) A request for a payroll deduction must:
(1) be in writing;
(2) be submitted to the county auditor unless the
deduction is processed through an automated payroll system
maintained by the county; and
(3) state the amount to be deducted and the entity to
which the amount is to be transferred.
(b) A request remains in effect until:
(1) the county auditor receives a written notice of
revocation signed by the employee; or
(2) the deduction is revoked by the employee through
an automated payroll system maintained by the county.
SECTION 37. Subchapter Z, Chapter 157, Local Government
Code, is amended by adding Section 157.9031 to read as follows:
Sec. 157.9031. AUTHORITY TO REQUIRE REIMBURSEMENT FOR
CERTAIN COVERAGE. A commissioners court of a self-insuring county
or an intergovernmental pool operating under Chapter 119 may,
pursuant to policies concerning the provision of coverage adopted
by the commissioners court or the pool's governing body, require
reimbursement for the provision of punitive damage coverage from a
person to whom the intergovernmental pool provides coverage.
SECTION 38. Section 250.003(a), Local Government Code, is
amended to read as follows:
(a) An individual who is an employee of the owner of real
property for which a citation for a violation of a county or
municipal rule or ordinance is issued, or of a company that manages
the property on behalf of the property owner, is not personally
liable for criminal or civil penalties resulting from the violation
if, not later than five calendar days after the date the citation is
issued, the individual provides the property owner's name, current
street address, and telephone number to the enforcement official
who issues the citation or the official's superior.
SECTION 39. Section 250.004, Local Government Code, is
amended to read as follows:
Sec. 250.004. AGENT FOR SERVICE; NOTICE OF CITATION.
(a) The [If the property owner's street address is not in this
state, the] employee of the owner or management company to whom a
citation described by Section 250.003 is issued is considered the
owner's agent for accepting service of the citation for the
violation of the county or municipal rule or ordinance. Service of
the citation on the agent has the same legal effect as service on
the owner for the purpose of fines against the owner or the
property, including a warrant or capias.
(b) The county or municipality issuing the citation shall
mail notice of the citation to the property owner at the address
most recently provided to the county or municipality by the
property owner or by the employee of the owner or management company
under Section 250.003(a). This subsection does not require a
county or municipality to mail notice using a service that provides
delivery confirmation.
SECTION 40. Section 262.003(a), Local Government Code, is
amended to read as follows:
(a) Any law that requires a county to follow a competitive
bidding procedure in making a purchase requiring the expenditure of
$50,000 [$25,000] or less does not apply to the purchase of an item
available for purchase from only one supplier.
SECTION 41. Section 262.023(a), Local Government Code, is
amended to read as follows:
(a) Before a county may purchase one or more items under a
contract that will require an expenditure exceeding $50,000
[$25,000], the commissioners court of the county must:
(1) comply with the competitive bidding or competitive
proposal procedures prescribed by this subchapter;
(2) use the reverse auction procedure, as defined by
Section 2155.062(d), Government Code, for purchasing; or
(3) comply with a method described by Subchapter H,
Chapter 271.
SECTION 42. Section 270.007(f), Local Government Code, is
amended to read as follows:
(f) Except as provided by Subsection (b), [upon request of
any person,] a county may [shall] sell or license software under
this section for a price negotiated between the county and the
person, including another governmental entity [, not to exceed the
developmental cost to the county. Developmental cost shall only
include costs incurred under a contract to procure the software or
direct employee costs incurred to develop the software. This
subsection does not apply to any county software that protects
county computer systems from unauthorized use or access].
SECTION 43. Section 271.024, Local Government Code, is
amended to read as follows:
Sec. 271.024. COMPETITIVE BIDDING PROCEDURE APPLICABLE TO
CONTRACT. The bidding of [If a governmental entity is required by
statute to award] a contract awarded by a governmental entity for
the construction, repair, or renovation of a structure, road,
highway, or other improvement or addition to real property [on the
basis of competitive bids, and if the contract requires the
expenditure of more than $25,000 from the funds of the entity, the
bidding on the contract] must be accomplished in the manner
provided by this subchapter if:
(1) a statute requires the governmental entity to
award the contract on the basis of competitive bids; and
(2) the contract requires the expenditure of more
than:
(A) $25,000 from the funds of a governmental
entity other than a county; or
(B) $50,000 from the funds of a county.
SECTION 44. Section 363.156(b), Local Government Code, is
amended to read as follows:
(b) To the extent competitive bidding procedures in Title 8
apply, the board may not enter purchasing contracts that involve
spending more than $50,000 [$25,000] unless the board complies
with:
(1) Subchapter C, Chapter 262, if the district was
created by a county; or
(2) Chapter 252, if the district was created by a
municipality.
SECTION 45. Subchapter A, Chapter 372, Local Government
Code, is amended to read as follows:
SUBCHAPTER A. PUBLIC IMPROVEMENT DISTRICTS
Sec. 372.001. SHORT TITLE. This subchapter may be cited as
the Public Improvement District Assessment Act.
Sec. 372.0015. DEFINITIONS [DEFINITION]. In this
subchapter:
(1) "Authorized instrumentality" means a public
facility corporation created by the governing body of a
municipality or county under Chapter 303 or a local government
corporation created by the governing body of a municipality or
county under Subchapter D, Chapter 431, Transportation Code.
(2) "Extraterritorial[, "extraterritorial]
jurisdiction" means extraterritorial jurisdiction of a
municipality as determined under Chapter 42.
(3) "Public improvement district" or "district" means
an area defined by the governing body of a municipality or county
that:
(A) consists of one or more contiguous or
noncontiguous tracts of land; and
(B) will be specially benefited as determined by
the municipality or county by any or all of the public improvements
or services.
(4) "Qualified costs" means the costs and expenses
incurred in establishing, administering, managing, and operating a
public improvement district, including:
(A) costs and expenses of or related to the
construction of an improvement project;
(B) financing of an improvement project by a
municipality, county, or authorized instrumentality, including the
debt service requirements owed or to be owed under installment
purchase or reimbursement contracts, temporary notes, time
warrants, revenue bonds, special assessment bonds, or certificates
of obligation, including reserve funds and capitalized interest;
(C) costs and expenses of or related to the
negotiation, development, and execution of the obligations
described by Paragraph (B);
(D) costs and expenses of or related to credit
and interest rate management agreements entered into under Chapter
1371, Government Code;
(E) costs of attorneys and other professional
advisors, including consultants; and
(F) costs related to the administrative
oversight of public improvements, services, and operations of the
public improvement district.
(5) "Revenue bonds" means bonds, notes, or other
securities issued by a municipality, county, or authorized
instrumentality that are payable from and secured by liens on all or
part, or a combination of, the revenue derived from installment
payments of special assessments plus any other revenues, donations,
grants, or income described by Section 372.026(e).
(6) "Special assessment bonds" means bonds, notes, or
other securities issued by a municipality, county, or authorized
instrumentality that are payable solely from and secured by special
assessments levied by the governing body of the municipality or
county in a public improvement district.
(7) "Special district" means a political subdivision
of this state with a limited geographic area created by local law or
under general law for a special purpose.
Sec. 372.002. EXERCISE OF POWERS. (a) A public
improvement district is not a separate body politic or corporate
from the municipality or county that created the district.
(b) Subject to Section 372.010(c), powers [Powers] granted
under this subchapter in an area comprising a public improvement
district may be exercised by a municipality or county on and after
the date [in which] the governing body of the municipality or county
[initiates or] receives a petition requesting the establishment of
a public improvement district that complies[. A petition must
comply] with the requirements of Section 372.005.
(c) The powers granted under this subchapter may be
exercised by the governing body of any other political subdivision
if the law creating or governing the political subdivision grants
the political subdivision authority described by this subchapter.
The governing body of the political subdivision has the same powers
and is subject to the same limitations as are applicable to the
governing body of a municipality or a county under this subchapter
unless and except as modified by the law creating or governing the
political subdivision.
Sec. 372.003. AUTHORIZED IMPROVEMENTS AND SERVICES.
(a) If the governing body of a municipality or county finds that it
promotes the interests of the municipality or county, the governing
body may create one or more public improvement districts under this
subchapter and undertake one or more [an] improvement projects
[project] that confer [confers] a special benefit on the property
located in the public improvement district [a definable part of the
municipality or county or the municipality's extraterritorial
jurisdiction]. A project may be undertaken within or outside the
district in the municipality or county or in the municipality's
extraterritorial jurisdiction if the project benefits the
district.
(b) A public improvement project may include:
(1) landscaping;
(2) erection of fountains, distinctive lighting, and
signs;
(3) acquiring, constructing, improving, repairing,
widening, narrowing, closing, or rerouting of sidewalks or of
streets, roads, highways, bridges, culverts, water retention
walls, [any other roadways,] or related [their] rights-of-way owned
by or to be conveyed to the municipality, the county, the federal
government, or another political subdivision or entity exercising
powers granted under this subchapter;
(4) construction or improvement of pedestrian malls;
(5) acquisition and installation of pieces of art;
(6) acquisition, construction, or improvement of
[libraries;
[(7) acquisition, construction, or improvement of]
off-street parking facilities;
(7) [(8)] acquisition, construction, or improvement[,
or rerouting] of mass transportation facilities, including light
rail mass transit, streetcar, or similar systems, and related
vehicle parking facilities;
(8) [(9)] acquisition, construction, or improvement
of water, wastewater, or drainage facilities or improvements;
(9) [(10)] the establishment or improvement of parks,
playgrounds, lakes, and open spaces, including paths, trails, boat
docks, and wharves;
(10) acquisition, construction, or improvement of
other public projects that are determined by the municipality or
county to promote the interests of the municipality or county and to
be of a special benefit to the public improvement district,
including:
(A) community centers, recreation centers, and
recreation facilities;
(B) libraries;
(C) facilities for police, sheriffs, or
firefighters;
(D) municipal or county administration centers;
and
(E) other governmental buildings for the
provision of governmental services;
(11) acquisition, construction, or improvement of
other public projects, facilities, or services required by a
development agreement, interlocal agreement, zoning regulation, or
permit issued by a municipality or county having jurisdiction in
the public improvement district;
(12) acquisition, construction, maintenance, or
improvement of buildings and other facilities commonly used for
teaching, research, or the preservation of knowledge by an
institution of higher education as defined by Section 372.0045 or
for auxiliary purposes of the institution, including
administration, student services and housing, athletics,
performing arts, and alumni support;
(13) [(11) projects similar to those listed in
Subdivisions (1)-(10);
[(12)] acquisition, by purchase or otherwise, of real
property in connection with an authorized improvement; and
(14) [(13)] special supplemental services for
improvement and promotion of the district, including services
relating to:
(A) advertising;
(B) [,] promotion;
(C) [,] health and sanitation;
(D) [,] water and wastewater;
(E) enhanced fire protection, police, sheriff,
and other[,] public safety and[,] security;
(F) [,] business recruitment;
(G) [,] development;
(H) [,] recreation;[,] and
(I) cultural enhancement[; and
[(14) payment of expenses incurred in the
establishment, administration, and operation of the district].
(b-1) The legislature finds that a purpose described by
Subsection (b)(12), including an auxiliary purpose, is an
authorized economic development purpose of a county or municipality
under Section 52-a, Article III, Texas Constitution.
(c) A public improvement project may include or may be
limited to the provision of all or any part of the services
described by Subsection (b)(14) [(b)(13)].
(d) A municipality that exercises powers under this
subchapter may establish a public improvement district in the
corporate limits or the extraterritorial jurisdiction of the
municipality. A county or other political subdivision that
exercises powers under this subchapter may establish a public
improvement district in the county or the area of the political
subdivision, including in the corporate limits or the
extraterritorial jurisdiction of a municipality unless within 30
days after the date notice is provided to the municipality of an [a
county's] action to approve [such] a public improvement district,
the [a home rule] municipality objects to the district's [its]
establishment within the municipality's corporate limits or
extraterritorial jurisdiction.
Sec. 372.004. COMBINED IMPROVEMENTS. A public [An]
improvement project may consist of an improvement on more than one
street or of more than one type of improvement. An improvement [A]
project described by this section may be included in one proceeding
and financed as one improvement project.
Sec. 372.0045. AUTHORIZED HIGHER EDUCATION FACILITIES;
LEASE TO INSTITUTION OF HIGHER EDUCATION. (a) In this section,
"institution of higher education" has the meaning assigned by
Section 61.003, Education Code.
(b) The governing body of a municipality or county that
establishes a public improvement district to finance a public
improvement project described by Section 372.003(b)(12) may enter
into a memorandum of understanding with an institution of higher
education that provides educational services in the municipality or
county under which the municipality or county leases the public
improvement project to the institution, at a nominal rate, for use
by the institution in providing teaching, research, public service,
or auxiliary enterprise activities to students of the institution.
(c) A memorandum of understanding entered into by a
municipality or county under this section must include adequate
controls to ensure that the lease of the public improvement project
promotes the municipality's or county's interests and provides a
public benefit to the area served by the district.
Sec. 372.005. PETITION. (a) A petition for the
establishment of a public improvement district must state:
(1) the general nature of the proposed improvements
[improvement];
(2) the estimated qualified costs [cost] of the
improvements [improvement];
(3) the boundaries of the proposed [assessment]
district;
(4) the proposed method of assessment, which may
specify included or excluded classes of assessable property;
(5) [the proposed apportionment of cost between the
public improvement district and the municipality or county as a
whole;
[(6)] whether the management of the district is to be
by:
(A) the municipality;
(B) the [or] county;
(C) an authorized instrumentality;
(D) [,] the private sector;[,] or
(E) a partnership between the private sector and
one of the entities described by Paragraphs (A)-(C) [municipality
or county and the private sector];
(6) [(7)] that the persons signing the petition
request or concur with the establishment of the district; and
(7) [(8)] that an advisory body may be established or
an authorized instrumentality may be incorporated to develop and
recommend an improvement plan to the governing body of the
municipality or county.
(b) The petition is sufficient if signed by:
(1) owners of taxable real property representing more
than 50 percent of the appraised value of taxable real property
liable for assessment under the proposal, as determined by the
current roll of the appraisal district in which the property is
located; and
(2) record owners of real property liable for
assessment under the proposal who:
(A) constitute more than 50 percent of all record
owners of property that is liable for assessment under the
proposal; or
(B) own taxable real property that constitutes
more than 50 percent of the area of all taxable real property that
is liable for assessment under the proposal.
(c) A [The] petition filed with the municipality may be
filed with the municipal secretary or other officer performing the
functions of the municipal secretary. A petition filed with the
county may be filed with the county clerk or other officer
designated by the commissioners court. A petition filed with any
other political subdivision exercising powers under this
subchapter may be filed with the political subdivision's governing
body.
Sec. 372.006. FINDINGS. (a) If a petition that complies
with this subchapter is filed, the governing body of the
municipality or county may make findings by resolution as to:
(1) the advisability of the proposed improvements;
(2) the [improvement, its] estimated qualified costs
of the proposed improvements; and
(3) [cost,] the method of assessment[, and the
apportionment of cost between the proposed improvement district and
the municipality or county as a whole].
(b) The governing body's findings under this section are
conclusive.
Sec. 372.007. FEASIBILITY REPORT. (a) Before holding the
hearing required by Section 372.009, the governing body of the
municipality may use the services of municipal employees, the
governing body of the county may use the services of county
employees, or the governing body of the municipality or county may
employ consultants to prepare a report to determine whether
improvements [an improvement] should be made as proposed by
petition or otherwise or whether improvements [the improvement]
should be made in combination with other improvements authorized
under this subchapter. The governing body may also require that a
preliminary estimate of the qualified costs [cost] of improvements
[the improvement] or a combination of improvements be made.
(b) For the purpose of determining the feasibility and
desirability of a public [an] improvement district, the governing
body may take other preliminary steps before the hearing required
by Section 372.009 and[,] before establishing a public improvement
district[, or before entering into a contract].
Sec. 372.008. ADVISORY BODY. (a) The [After receiving a
petition that complies with Section 372.005, the] governing body of
the municipality or county, on the governing body's own initiative
or after receiving a petition that complies with Section 372.005,
may appoint an advisory body with the responsibility of developing
and recommending an improvement plan to the governing body.
(b) The composition of an [the] advisory body, if
established, must include:
(1) owners of taxable real property representing more
than 50 percent of the appraised value of taxable real property
liable for assessment under the proposal, as determined by the
current roll of the appraisal district in which the property is
located; and
(2) record owners of real property liable for
assessment under the proposal who:
(A) constitute more than 50 percent of all record
owners of property that is liable for assessment under the
proposal; or
(B) own taxable real property that constitutes
more than 50 percent of the area of all taxable real property that
is liable for assessment under the proposal.
(c) The members of the advisory body serve at the will of the
governing body of the municipality or county creating the public
improvement district and may be removed at any time.
Sec. 372.009. HEARING. (a) A public improvement district
may be established and improvements provided by the district may be
financed under this subchapter only after the governing body of the
municipality or county holds a public hearing on the advisability
of the improvements [improvement].
(b) The hearing may be adjourned from time to time until the
governing body makes findings by resolution as to:
(1) the advisability of each [the] improvement;
(2) the nature of each [the] improvement;
(3) the estimated qualified costs [cost] of each [the]
improvement;
(4) the boundaries of the [public improvement]
district; and
(5) the method of assessment[; and
[(6) the apportionment of costs between the district
and the municipality or county as a whole].
(c) Notice of the hearing must be given in a newspaper of
general circulation in the municipality or county. If any part of
the public improvement district is to be located in the
municipality's extraterritorial jurisdiction or if any part of the
improvements is to be undertaken in the municipality's
extraterritorial jurisdiction, the notice must also be filed with
the municipal secretary or other officer performing the duties of
the municipal secretary and published [given] in a newspaper of
general circulation in the part of the extraterritorial
jurisdiction in which the district is to be located or in which the
improvements are to be undertaken. The final publication of notice
must be made before the 15th day before the date of the hearing. The
notice must state:
(1) the time and place of the hearing;
(2) the general nature of the proposed improvements
[improvement];
(3) the estimated qualified costs [cost] of the
proposed improvements [improvement];
(4) the boundaries of the proposed public improvement
[assessment] district; and
(5) the proposed method of assessment[; and
[(6) the proposed apportionment of cost between the
improvement district and the municipality or county as a whole].
(d) Written notice containing the information required by
Subsection (c) must be mailed before the 15th day before the date of
the hearing. The notice must be addressed to "Property Owner" and
mailed to the current address of the owner, as reflected on tax
rolls, of property subject to assessment under the proposed public
improvement district.
Sec. 372.010. IMPROVEMENT ORDER. (a) During the six-month
period after the date of the final adjournment of the hearing under
Section 372.009, the governing body of the municipality or county
may authorize the creation of a public [an] improvement district
subject to Section 372.012 if, by majority vote of all members of
the governing body, the governing body adopts [members adopt] a
resolution authorizing the district in accordance with its finding
as to the advisability of the improvements [improvement].
(b) An authorization takes effect when it has been published
one time in a newspaper of general circulation in the municipality
or county. If any part of the [improvement] district is located in
the municipality's extraterritorial jurisdiction or if any part of
the improvements is to be undertaken in the municipality's
extraterritorial jurisdiction, the authorization does not take
effect until the notice is also given one time in a newspaper of
general circulation in the part of the extraterritorial
jurisdiction in which the district is located or in which the
improvements are to be undertaken.
(c) Actual construction of improvements [an improvement]
may not begin, and acquisition of existing improvements may not
occur, until after the 20th day after the date the authorization
takes effect and may not begin if during that 20-day period written
protests signed by at least two-thirds of the owners of record of
property within the [improvement] district or by the owners of
record of property comprising at least two-thirds of the total area
of the district are filed with the municipal [or county] secretary
or other officer performing the duties of the municipal [or county]
secretary or the county clerk or other officer designated by the
commissioners court. A person whose name appears on a protest may
withdraw the name from the protest at any time before the governing
body of the municipality or county convenes to determine the
sufficiency of the protest.
(d) Before the levy of assessments under Section 372.017,
the property owners in the district who signed the original
petition may petition the governing body to amend the resolution
creating the district adopted under Subsection (a) to amend the
estimated qualified costs of the improvements, including adding or
deleting improvement projects. The governing body shall provide
notice of the owners' petition and hold a public hearing as provided
by Section 372.009 to make findings, by amended resolution, of the
nature and estimated qualified costs of each improvement. A county
or other entity that proposes to amend a resolution under this
subsection in the corporate boundaries or extraterritorial
jurisdiction of a municipality shall provide notice to the
municipality on or before the 30th day before the date the entity
amends the resolution.
Sec. 372.011. DISSOLUTION. (a) A public hearing may be
[called and] held after giving notice in the same manner as a
hearing under Section 372.009 for the purpose of dissolving a
district if a petition requesting dissolution is filed and the
petition contains the signatures of at least enough property owners
in the district to make a petition sufficient under Section
372.005(b). If the district is dissolved, the district nonetheless
shall remain in effect for the purpose of meeting obligations of
indebtedness for improvements.
(b) A district may be dissolved at the discretion of the
governing body without a petition only if no assessments have been
levied on property in the district or if assessments previously
levied have been paid in full and the district has no other
outstanding obligations. A dissolution under this subsection may
not occur until after the governing body holds a hearing and gives
notice in the manner required by Section 372.009.
Sec. 372.012. AREA OF DISTRICT. The area of a public
improvement district to be assessed according to the findings of
the governing body of the municipality or county establishing the
boundaries may include contiguous and noncontiguous tracts of land
and may be less than the area described in the proposed boundaries
stated by the notice under Section 372.009. The area to be assessed
may not include property not described by the notice as being within
the proposed boundaries of the district unless a hearing is held to
include the property and notice for the hearing is given in the same
manner as notice under Section 372.009.
Sec. 372.013. SERVICE PLAN. (a) The advisory body shall
prepare an ongoing service plan and present the plan to the
governing body of the municipality or county for review and
approval. The governing body may assign responsibility for the
plan to the employees of the governing body or an authorized
instrumentality or to another entity instead [in the absence] of an
advisory body.
(b) The plan must cover a period of at least five years and
must also define the annual indebtedness and the projected
qualified costs for improvements.
(c) The plan shall be reviewed and updated annually for the
purpose of determining the annual budget for improvements. As part
of the annual update, a revised assessment roll must be prepared to
reflect any division of parcels and any reallocation of assessments
based on the division.
Sec. 372.014. ASSESSMENT PLAN; PAYMENT BY EXEMPT
JURISDICTIONS. (a) An assessment plan must be included in the
annual service plan prepared under Section 372.013.
(b) The municipality or county is responsible for payment of
assessments against exempt municipal or county property in the
district if any assessments are levied. Payment of assessments by
other exempt jurisdictions must be established by contract.
(c) The assessment plan may require the district to be
divided into development phases and, subject to Sections 372.016
and 372.017, may levy assessments periodically in separate
development phases or may stagger the collection of assessments,
with different development phases in the district assigned
different payment and collection dates. The development phases and
staggered collection dates may be coordinated with the installation
of the improvements or with the maturity dates of installation
purchase or reimbursement contract obligations or with temporary
notes, time warrants, or bonds [An assessment paid by the
municipality or county under this subsection is considered to have
been paid by special assessment for the purposes of Subsection
(a)].
Sec. 372.015. DETERMINATION OF ASSESSMENT. (a) The
governing body of the municipality or county shall apportion the
qualified costs [cost] of an improvement to be assessed against
property in a public [an] improvement district. The apportionment
shall be made on the basis of special benefits accruing to the
property because of the improvement.
(b) The qualified costs [Cost] of an improvement may be
assessed:
(1) equally per front foot or square foot;
(2) according to the value of the property as
determined by the governing body, with or without regard to
improvements on the property; or
(3) in any other manner that results in imposing equal
shares of the qualified costs [cost] on property similarly
benefitted.
(c) The governing body may establish by ordinance or order:
(1) reasonable classifications and formulas for the
apportionment of the qualified costs [cost] between the
municipality or county and the area to be assessed; and
(2) the methods of assessing the special benefits for
various classes of improvements.
(d) The amount of assessment for each property owner may be:
(1) adjusted following the annual review of the
service plan; and
(2) reallocated, but not increased, if an assessed
parcel has been divided.
(e) Notice of any reallocation of assessments shall be given
to the property owner of the divided parcel.
(f) The findings, determinations, and assessments made by
the governing body under this section are conclusive.
Sec. 372.016. ASSESSMENT ROLL. (a) The [After the total
cost of an improvement is determined, the governing body of the]
municipality or county shall prepare a proposed assessment roll
based on the estimated qualified costs of the improvements. The
roll must state the assessment against each parcel of land in the
district and[, as determined by] the method of assessment [chosen
by the municipality or county under this subchapter].
(b) The [governing body shall file the] proposed assessment
roll must be filed with the municipal secretary or other officer
performing the functions of the municipal secretary or in a
district formed by a county, the county tax assessor-collector.
The proposed assessment roll is subject to public inspection. When
the assessment roll is filed, the appropriate designated officer
described by this subsection shall [The governing body shall
require the municipal secretary or other officer or county tax
assessor-collector to] publish notice of the governing body's
intention to consider the proposed assessments at a public hearing.
The notice must be published in a newspaper of general circulation
in the municipality or county before the 10th day before the date of
the hearing. If any part of the public improvement district is
located in the municipality's extraterritorial jurisdiction or if
any part of the improvements is to be undertaken in the
municipality's extraterritorial jurisdiction, the notice must also
be published, before the 10th day before the date of the hearing, in
a newspaper of general circulation in the part of the
extraterritorial jurisdiction in which the district is located or
in which the improvements are to be undertaken. The notice must
state:
(1) the date, time, and place of the hearing;
(2) the general nature of the improvements
[improvement];
(3) the qualified costs [cost] of the improvements
[improvement];
(4) the boundaries of the [assessment] district; and
(5) that written or oral objections will be considered
at the hearing.
(c) When the assessment roll is filed under Subsection (b),
the appropriate designated [municipal secretary or other] officer
shall mail to the owners of property liable for assessment a notice
of the hearing. The notice must contain the information required by
Subsection (b) and the appropriate designated [secretary or other]
officer shall mail the notice to the last known address of the
property owner. The failure of a property owner to receive notice
does not invalidate the proceeding.
Sec. 372.017. LEVY OF ASSESSMENTS [ASSESSMENT]. (a) At or
on the adjournment of the hearing referred to by Section 372.016 on
proposed assessments, the governing body of the municipality or
county must hear and pass on any objection to a proposed assessment.
The governing body may:
(1) amend a proposed assessment on any parcel; and
(2) initially or by amendment, provide for reductions
of the amount of the annual assessment installments if and to the
extent other revenues of the municipality or county of any of the
types described by Section 372.026(e) are pledged or become
available to pay all or part of installment purchase or
reimbursement contract obligations or temporary notes, time
warrants, revenue bonds, special assessment bonds, or certificates
of obligation that are payable in whole or in part from the
assessment installments.
(b) After all objections have been heard and the governing
body has passed on the objections, the governing body by ordinance
or order shall levy the assessment in the amount required to pay
qualified costs as a special assessment on the property. The
governing body by ordinance or order shall specify the method of
payment of the assessment. The governing body may provide that
assessments be paid in periodic installments. The installments may
be in equal or different annual amounts, but must be in amounts each
year necessary to meet annual qualified costs. The installments
[for improvements and] must continue for a period and be in amounts
necessary to retire any [the] indebtedness or obligation to pay or
reimburse for the qualified costs, including the proper
administration of the district [on the improvements]. The
obligation to pay installments may be conditioned on the occurrence
of a future event or condition if the first periodic installment
payment of the assessment occurs on a date not later than the fifth
anniversary of the date the assessment was levied.
(c) The governing body may:
(1) levy multiple assessments on property in the
district to finance all or part of public improvements and must
comply with Section 372.016 for each assessment;
(2) execute and deliver installment purchase or
reimbursement contracts or temporary notes or time warrants or
issue revenue bonds, special assessment bonds, or certificates of
obligation to pay the qualified costs or to refund previously
executed installment purchase or reimbursement contracts or
temporary notes or time warrants; and
(3) secure the obligations described by Subdivision
(2) by pledging one or more of the assessments levied under this
subchapter.
Sec. 372.018. INTEREST ON ASSESSMENT; LIEN. (a) An
assessment bears interest at the rate and for the period specified
by the governing body of the municipality or county, but may not
exceed a rate that is [one-half of] one percent higher than the
actual interest rate paid on any installment purchase or
reimbursement contract obligation or temporary note or time warrant
[the public debt] used to finance or to evidence an obligation to
pay for the improvement. If revenue bonds, special assessment
bonds, or certificates of obligation are issued to pay or refund any
of the obligations described by this subsection, the annual
interest rate is adjusted to a rate not to exceed one percent higher
than the actual rate paid on the bonds or certificates, if the rate
is lower than the rate on the obligations. Interest on the
assessment between the effective date of the ordinance or order
levying the assessment and the date the first installment is
payable shall be added to the first installment. The interest on
any delinquent installment shall be added to each subsequent
installment until all delinquent installments are paid. The added
interest payable on an installment purchase or reimbursement
contract or a temporary note, time warrant, or bond under this
subsection may be used by a municipality or county to pay qualified
costs of improvements or the costs of administration of the
district, including the enforcement of assessments or the payment
or prepayment of obligations.
(b) An assessment or reassessment, with interest, the
expense of collection, and reasonable attorney's fees, if incurred,
is a first and prior lien against the property assessed, superior to
all other liens and claims except liens or claims for [state,]
county, special [school] district, or municipality ad valorem
taxes, and is a personal liability of and charge against the owners
of the property regardless of whether the owners are named. The
lien is effective from the date of the ordinance or order levying
the assessment until the assessment is paid in full and may be
enforced by the governing body in the same manner that an ad valorem
tax lien against real property may be enforced by the governing
body. On the sale of assessed property, any installment or portion
of an assessment that is or will be payable for the property during
the year of the sale shall be prorated between the buyer and the
seller in the same manner as ad valorem taxes are prorated between a
buyer and seller. Delinquent installments of the assessment shall
incur interest, penalties, and [attorney's] fees in the same manner
as delinquent ad valorem taxes.
(c) A district assessment on property under this subchapter
runs with the land. Any portion of an assessment payment obligation
that is not yet due is not eliminated by the foreclosure of an ad
valorem tax lien. Any purchaser of property at a foreclosure sale
under an ad valorem tax lien takes the property subject to any
assessment payment obligation that is not yet due and to the terms
of payment under the applicable assessment ordinance or order.
(d) The owner of assessed property may pay at any time on any
parcel or lot the entire assessment, with interest that:
(1) has accrued on the assessment; and
(2) will accrue on the assessment until the next
scheduled prepayment or redemption date on the installment purchase
or reimbursement contract or temporary note, time warrant, revenue
bond, special assessment bond, or certificate of obligation that
secured the assessment[, on any lot or parcel].
Sec. 372.019. SUPPLEMENTAL ASSESSMENTS. After notice and a
hearing, the governing body of the municipality or county may make
supplemental assessments to correct omissions or mistakes in the
assessment relating to the qualified costs [total cost] of the
improvement. Notice must be given and the hearing held under this
section in the same manner as required by Sections 372.016 and
372.017.
Sec. 372.020. REASSESSMENT. The governing body of the
municipality or county may make a reassessment or new assessment of
a parcel of land if:
(1) a court [of competent jurisdiction] sets aside an
assessment against the parcel;
(2) the governing body determines that the original
assessment is excessive; or
(3) on the written advice of counsel, the governing
body determines that the original assessment is invalid.
Sec. 372.021. SPECIAL IMPROVEMENT DISTRICT FUND. (a) A
municipality or county that intends to create a public improvement
district may by ordinance or order establish a special improvement
district fund in the municipal or county treasury or in a bank
designated by the municipality or county to serve as a depository
bank for the district's funds.
(b) The municipality or county annually may levy a tax to
support the fund established under this section.
(c) The fund may be used to:
(1) pay the qualified costs of improvements [planning,
administration, and an improvement authorized by this subchapter];
(2) prepare preliminary plans, studies, and
engineering reports to determine the feasibility of improvements
[an improvement]; and
(3) if ordered by the governing body of the
municipality or county, pay the initial qualified costs of
improvements [cost of the improvement] until installment purchase
contracts or reimbursement contracts are entered into or temporary
notes or[,] time warrants are issued or revenue bonds, special
assessment bonds, or certificates of obligation are[, or
improvement bonds have been] issued and sold.
(d) The fund is not required to be budgeted for expenditure
during any year, but the amount of the fund must be stated in the
municipality's or county's annual budget. The amount of the fund
must be based on an annual service plan that describes the public
improvements for the fiscal year.
[(e) A grant-in-aid or contribution made to the
municipality or county for the planning and preparation of plans
for an improvement authorized under this subchapter may be credited
to the special improvement district fund.]
Sec. 372.022. SEPARATE FUNDS. (a) A separate public
improvement district fund shall be created in the municipal or
county treasury or in a designated depository bank as provided by
Section 372.021 for each district.
(b) The following revenues shall be deposited to the fund:
(1) special assessments;
(2) money, if any, contributed by the municipality or
county to pay qualified costs;
(3) proceeds [Proceeds] from the sale of revenue
bonds, if payable in part from special assessments;
(4) proceeds from the sale of special assessment bonds
or certificates of obligation;[, temporary notes, and time
warrants,] and
(5) any other sums appropriated to the fund by the
governing body of the municipality or county for the district
[shall be credited to the fund].
(c) The fund may be used solely to pay:
(1) qualified costs of improvement;
(2) amounts due on an installment purchase contract or
reimbursement amounts owed under a reimbursement contract,
temporary note, or time warrant; or
(3) any revenue bonds, special assessment bonds, or
certificates of obligation that are payable in whole or in part from
special assessments levied under this subchapter [incurred in
making an improvement].
(d) When an improvement is completed and all of the
obligations are paid in full, the balance on deposit in the special
improvement district fund that was derived from special
assessments, if any, [of the part of the assessment that is for
improvements] shall be transferred to a [the] fund established for
the retirement of bonds that are payable in whole or in part from
assessments.
Sec. 372.023. PAYMENT OF QUALIFIED COSTS. (a) The
qualified costs [cost] of an improvement made under this subchapter
may [must] be paid by a method or by a combination of methods
described by [in accordance with] this section and Section 372.024.
(b) The [A cost payable by the] municipality or county [as a
whole] may, on its own or under an installment purchase,
reimbursement, or other contract with a third party:
(1) erect, acquire, construct, improve, repair,
establish, install, or equip improvements; and
(2) pay all or part of the qualified costs of the
improvements [be paid] from:
(A) general funds or other revenues available for
that [the] purpose;
(B) special assessments; or
(C) the issuance and sale of general obligation
bonds, certificates of obligation, revenue bonds, or special
assessment bonds [other available general funds].
(c) The municipality or county may enter into and execute an
installment purchase or reimbursement contract with or may deliver
a nonnegotiable but transferable temporary note or time warrant to
a third party under which:
(1) the third party agrees to:
(A) erect, acquire, construct, improve, repair,
establish, install, or equip public improvements; and
(B) dedicate or sell the improvements to the
municipality, county, or authorized instrumentality; and
(2) the municipality, county, or authorized
instrumentality agrees to pay or reimburse the third party for the
qualified costs by paying accumulated amounts due under the
installment purchase or reimbursement contract, temporary note, or
time warrant from any and all of the sources described by Subsection
(b)(2) [A cost payable from a special assessment that has been paid
in full shall be paid from that assessment].
(d) Subject to Section 372.018, an installment purchase or
reimbursement contract, temporary note, or time warrant may bear
interest at a rate and for a period determined by the governing body
of the municipality or county [A cost payable from a special
assessment that is to be paid in installments and a cost payable by
the municipality or county as a whole but not payable from available
general funds or other available general improvement funds shall be
paid by the issuance and sale of revenue or general obligation
bonds].
(e) An installment purchase or reimbursement contract,
temporary note, or time warrant that is payable from installments
of assessments is subject to prepayment and redemption at any time
from the proceeds of prepayment of assessments made by a property
owner under Section 372.018(d) [While an improvement is in
progress, the governing body of the municipality or county may
issue temporary notes or time warrants to pay for the costs of the
improvement and, on completion of the improvement, issue revenue or
general obligation bonds.
[(f) The cost of more than one improvement may be paid from a
single issue and sale of bonds without other consolidation
proceedings before the bond issue.
[(g) The costs of any improvement include all costs incurred
in connection with the issuance of bonds under Section 372.024 and
may be included in the assessments against the property in the
improvement district as provided by this subchapter].
Sec. 372.024. GENERAL OBLIGATION BONDS, [AND] REVENUE AND
SPECIAL ASSESSMENT BONDS, CERTIFICATES OF OBLIGATION, AND BONDS
ISSUED BY AUTHORIZED INSTRUMENTALITY. (a) The governing body of a
municipality or county may issue:
(1) general [General] obligation bonds [issued to pay
costs under Section 372.023(d) must be issued] under [the
provisions of] Subtitles A and C, Title 9, Government Code;
(2) revenue bonds or special assessment bonds in one
or more series; and
(3) certificates of obligation under Subchapter C,
Chapter 271.
(b) A bond or obligation described by Subsection (a) may be
issued to:
(1) pay qualified costs under Section 372.023(b),
including the costs of issuing bonds; and
(2) pay or refund obligations executed or issued under
Section 372.023(c).
(c) Certificates of obligation may be payable from and
secured by installment payments of special assessments levied under
this subchapter.
(d) The governing body of the municipality or county or the
authorized instrumentality may include any term or provision
consistent with this subchapter in a revenue bond or a special
assessment bond issued under this section.
(e) The governing body of a municipality or county may
incorporate an authorized instrumentality to act on its behalf to
issue revenue bonds or special assessment bonds under this section.
The governing body may enter into agreements and contracts with the
authorized instrumentality to transfer pledged revenues, funds,
and special assessments to or for the account of the authorized
instrumentality at the times and as required by the terms of the
resolution authorizing the issuance of the revenue bonds or special
assessment bonds. Any bonds issued by an authorized
instrumentality must be approved by the governing body of the
municipality or county before issuance and delivery to the
purchaser.
(f) To the extent consistent with this subchapter, an
authorized instrumentality shall issue revenue bonds or special
assessment bonds under:
(1) Chapter 303, if the authorized instrumentality is
a public facility corporation; or
(2) Subchapter D, Chapter 431, Transportation Code, if
the authorized instrumentality is a local government corporation
[Revenue bonds issued to pay costs under that subsection may be
issued from time to time in one or more series and are to be payable
from and secured by liens on all or part of the revenue derived from
improvements authorized under this subchapter, including revenue
derived from installment payments of special assessments].
Sec. 372.0241. SPECIAL ASSESSMENT PUBLIC IMPROVEMENT
DISTRICT MANAGEMENT POLICY. (a) The governing body of a
municipality or county may develop, adopt, and amend a special
assessment public improvement district management policy.
(b) The policy may establish the general requirements and
standards for and the preconditions to:
(1) the creation of a public improvement district
under this subchapter;
(2) the execution and issuance of installment purchase
or reimbursement contracts or temporary notes or time warrants; and
(3) the issuance of any bonds or certificates of
obligation payable in whole or in part from special assessments.
(c) If a management policy is adopted, compliance with the
terms of the policy, including any amendments to the policy, is
required for:
(1) the execution of any installment purchase or
reimbursement contracts or temporary notes or time warrants;
(2) the issuance of any revenue bonds or special
assessment bonds by the municipality or county or by an authorized
instrumentality; and
(3) the issuance of any certificates of obligation by
a municipality or county.
Sec. 372.025. TERMS AND CONDITIONS OF BONDS. (a) Revenue
bonds and special assessment bonds issued under Section 372.024
must be authorized by:
(1) ordinance, if issued by a municipality;
(2) order, if issued by a county; and
(3) resolution, if issued by an authorized
instrumentality.
(b) Revenue bonds and special assessment bonds may be issued
to mature serially or in any other manner but must mature not later
than 40 years after their date. A provision may be made for the
subsequent issuance of additional parity bonds or subordinate lien
bonds secured in whole or in part by any assessments or any other
revenues authorized by this subchapter under terms and conditions
specified in the ordinance, [or] order, or resolution authorizing
the issuance of the bonds.
(c) Revenue bonds, special assessment bonds, and
certificates of obligation may be subject to redemption before
maturity at the option of the issuer and at the times and in the
manner provided by the ordinance, order, or resolution authorizing
the issuance. Revenue bonds and certificates of obligation that
are secured in part by a pledge of special assessments and all
special assessment bonds are subject to mandatory redemption at
least semiannually from funds provided by assessed parties, if any,
as prepayment of installments of special assessments under Section
372.018(d).
(d) Revenue bonds and special assessment bonds shall be
executed in the manner and by the persons required by the ordinance,
order, or resolution authorizing the issuance.
(e) Revenue bonds and special assessment [(b) The] bonds
[shall be executed and the bonds] and any interest coupons
appertaining to the bonds [them] are negotiable instruments within
the meaning and for all purposes of the Uniform Commercial Code
(Section 1.101 et seq., Business & Commerce Code).
(f) The ordinance, [or] order, or resolution authorizing
the issuance of the revenue bonds or special assessment bonds must
specify:
(1) whether the bonds may be registered [are issued
registrable] as to principal alone or as to both principal and
interest;
(2) whether the bonds are redeemable before maturity;
(3) the form, denomination, and manner of issuance;
(4) the terms, conditions, and other details applying
to the bonds including the price, terms, and interest rates on the
bonds; and
(5) the manner of sale of the bonds.
(g) [(c)] The ordinance, [or] order, or resolution
authorizing the issuance of the bonds may specify that the proceeds
from the sale of the bonds:
(1) be used to pay interest on the bonds during and
after the period of acquisition or construction of an improvement
financed through the sale of the bonds;
(2) be used for creating a reserve fund for payment of
the principal of and interest on the bonds and for creating other
funds; [and]
(3) be used for the payment of any other qualified
costs as determined by the governing body of the municipality or
county or by the authorized instrumentality; and
(4) may be placed in time deposit or invested, until
needed.
Sec. 372.026. PLEDGES. (a) For the payment of [bonds
issued under this subchapter and the payment of] principal,
interest, and any other amounts payable on or with respect to any
bonds issued by a municipality or county under this subchapter
[required or permitted in connection with the bonds], the governing
body of the municipality or county may pledge:
(1) all or part of the income from improvements
financed under this subchapter, including income received in
installment payments from special assessments; and
(2) if the payment is for the payment of revenue bonds,
any other revenue described by Subsection (e) [under Section
372.023].
(b) For the payment of principal, interest, and any other
amounts payable on or with respect to bonds issued by an authorized
instrumentality under this subchapter, the authorized
instrumentality may pledge all or part of the assessments or other
revenues, if any, that are to be transferred and paid to the
authorized instrumentality by the municipality or county under an
agreement entered into between the parties under Section
372.024(e).
(c) Pledged income must be [fixed and collected in amounts]
sufficient, with other pledged resources, if any, to pay principal,
interest, and other expenses related to the bonds, and to the extent
required by the ordinance, [or] order, or resolution authorizing
the bonds, to pay for the operation, maintenance, and other
expenses related to improvements authorized by this subchapter.
(d) Bonds issued by a municipality or county [(c) The
bonds] may also be secured by mortgages or deeds of trust on any
real property related to the facilities authorized under this
subchapter that are owned or are to be acquired by the municipality
or county and by chattel mortgages, liens, or security interests on
any personal property appurtenant to that real property. The
governing body may authorize the execution of trust indentures,
mortgages, deeds of trust, or other forms of encumbrances as
evidence of the security interest of the holders of the bonds in the
related property [indebtedness].
(e) [(d)] The governing body may pledge to the payment of
certificates of obligation issued by the governing body or to the
payment of revenue bonds issued by the governing body or by an
authorized instrumentality all or part of a grant, donation,
revenue, or income received or to be received from the government of
the United States or any other public or private source, whether or
not it is received pursuant to an agreement or otherwise, including
impact fees and incremental ad valorem tax revenues collected by a
municipality or by another taxing unit and municipal sales tax
collected by a municipality from all or part of a tax increment
reinvestment zone created under Chapter 311, Tax Code.
Sec. 372.027. REFUNDING BONDS. (a) Revenue bonds and
special assessment bonds issued under this subchapter and
certificates of obligation payable solely from special assessments
may be refunded or refinanced by the issuance of refunding bonds,
under terms or conditions provided [set forth] in the ordinance,
order, or resolution authorizing the issuance [ordinances or
orders] of the [municipality or county issuing the] bonds. The
provisions of this subchapter applying generally to revenue bonds
and special assessment bonds, including provisions related to the
issuance of those bonds, apply to refunding bonds of like kind
authorized by this section. The refunding bonds may be sold and
delivered in amounts necessary to pay [for] the principal,
interest, and any redemption premium of the bonds [to be refunded],
on the date of the maturity of the bonds [bond] or any redemption
date of the bonds [bond].
(b) Refunding bonds may be issued for exchange with the
bonds they are refunding. The comptroller of public accounts shall
register refunding bonds described by this subsection and deliver
the bonds to holders of bonds being refunded in accordance with the
ordinance, [or] order, or resolution authorizing the issuance of
refunding bonds. The exchange may be made in one delivery or
several installment deliveries.
(c) General obligation bonds and certificates of obligation
issued under this subchapter may be refunded in the manner provided
by law.
Sec. 372.028. APPROVAL AND REGISTRATION. (a) Revenue
bonds and special assessment bonds issued under this subchapter and
a record of the proceedings authorizing their issuance must be
submitted to the attorney general for examination. If revenue
bonds state that they are secured by a pledge of revenue or rentals
from a contract or lease, a copy of the contract or lease and a
description of the proceedings authorizing the contract or lease
must also be submitted to the attorney general.
(b) If the attorney general determines that the bonds were
authorized and the contracts or leases related to the bonds were
made in accordance with the law, the attorney general shall approve
the bonds and the contract or lease. After [On the approval of] the
attorney general approves the bonds and the contract or lease, the
comptroller of public accounts shall register the bonds.
(c) Bonds and contracts or leases approved and registered
under this section are:
(1) valid and binding obligations for all purposes in
accordance with their terms; and
(2) [are] incontestable in any court or other forum.
(d) General obligation bonds and certificates of obligation
issued under this subchapter shall be approved and registered as
provided by law.
Sec. 372.029. AUTHORIZED INVESTMENTS; SECURITY.
(a) Bonds issued under this subchapter are legal and authorized
investments for:
(1) banks, trust companies, and savings and loan
associations;
(2) all insurance companies;
(3) fiduciaries, trustees, and guardians; and
(4) interest funds, sinking funds, and other public
funds of the state or of an agency, subdivision, or instrumentality
of the state, including a county, municipality, school district, or
other district, public agency, or body politic.
(b) Bonds issued under this subchapter may be security for
deposits of public funds of the state or of an agency, subdivision,
or instrumentality of the state, including a county, municipality,
school district, or other district, public agency, or body politic,
to the extent of the market value of the bonds, if accompanied by
any appurtenant [unmatured] interest coupons that have not matured.
Sec. 372.030. SUBCHAPTER NOT EXCLUSIVE. This subchapter is
an alternative to other methods by which a municipality may finance
public improvements under applicable law [by assessing property
owners].
SECTION 46. (a) Section 372.1011, Local Government Code,
is amended to read as follows:
Sec. 372.1011. APPLICABILITY. This subchapter applies only
to:
(1) a county with a population of 1.2 million
[825,000] or more, other than a county that:
(A) borders on the Gulf of Mexico or a bay or
inlet of the gulf; or
(B) has two municipalities located wholly or
partly in its boundaries each having a population of 300,000 or
more; or
(2) a county with a population of 70,000 or more that
is adjacent to a county described by Subdivision (1) in which a
municipality with a population of 35,000 or more is primarily
situated and includes all or a part of the extraterritorial
jurisdiction of a municipality with a population of 1.1 million or
more.
(b) This section takes effect only if the Act of the 81st
Legislature, Regular Session, 2009, relating to nonsubstantive
additions to and corrections in enacted codes does not become law.
If the Act of the 81st Legislature, Regular Session, 2009, relating
to nonsubstantive additions to and corrections in enacted codes
becomes law, this section has no effect.
SECTION 47. Subchapter C, Chapter 372, Local Government
Code, is amended by adding Section 372.1245 to read as follows:
Sec. 372.1245. ANNEXATION OR EXCLUSION OF LAND. (a) A
district may annex or exclude land from the district as provided by
Subchapter J, Chapter 49, Water Code.
(b) Before a district may adopt an order adding or excluding
land, the district must obtain the consent of:
(1) the county that created the district by a
resolution of the county commissioners court; and
(2) a municipality in which the district is located,
or in whose extraterritorial jurisdiction the district is located,
by a resolution adopted by the municipality's governing body.
SECTION 48. Section 372.127(c), Local Government Code, is
amended to read as follows:
(c) A county must adopt an order providing whether a
district has the authority to impose a hotel occupancy tax, sales
and use tax, or ad valorem tax, and must provide the maximum rate at
which the district may impose the tax. [A tax rate approved by the
commissioners court and pledged to secure bonds, notes, grant
agreements, or development agreements may not be reduced until the
obligations of those instruments have been satisfied.]
SECTION 49. (a) Section 382.002, Local Government Code, is
amended to read as follows:
Sec. 382.002. APPLICABILITY. This chapter applies only
to:
(1) a county with a population of 1.2 million
[825,000] or more, other than a county that:
(A) borders on the Gulf of Mexico or a bay or
inlet of the gulf; or
(B) has two municipalities located wholly or
partly in its boundaries each having a population of 300,000 or
more; or
(2) a county with a population of 70,000 or more that
is adjacent to a county described by Subdivision (1) in which a
municipality with a population of 35,000 or more is primarily
situated and includes all or a part of the extraterritorial
jurisdiction of a municipality with a population of 1.1 million or
more.
(b) This section takes effect only if the Act of the 81st
Legislature, Regular Session, 2009, relating to nonsubstantive
additions to and corrections in enacted codes becomes law. If the
Act of the 81st Legislature, Regular Session, 2009, relating to
nonsubstantive additions to and corrections in enacted codes does
not become law, this section has no effect.
SECTION 50. Subchapter C, Chapter 382, Local Government
Code, is amended by adding Section 382.113 to read as follows:
Sec. 382.113. ANNEXATION OR EXCLUSION OF LAND. (a) A
district may annex or exclude land from the district as provided by
Subchapter J, Chapter 49, Water Code.
(b) Before a district may adopt an order adding or excluding
land, the district must obtain the consent of:
(1) the county that created the district by a
resolution of the county commissioners court; and
(2) a municipality in which the district is located,
or in whose extraterritorial jurisdiction the district is located,
by a resolution adopted by the municipality's governing body.
SECTION 51. Section 382.153(c), Local Government Code, is
amended to read as follows:
(c) A county must adopt an order providing whether a
district has the authority to impose a hotel occupancy tax, sales
and use tax, or ad valorem tax, and must provide the maximum rate at
which the district may impose the tax. [A tax rate approved by the
commissioners court and pledged to secure bonds, notes, grant
agreements, or development agreements may not be reduced until the
obligations of those instruments have been satisfied.]
SECTION 52. Section 387.003, Local Government Code, is
amended by amending Subsections (a), (b), (b-1), (c), (e), (f), and
(h) and adding Subsections (a-1), (i), and (j) to read as follows:
(a) The commissioners court of the county may call an
election on the question of creating a county assistance district
under this chapter. More than one county assistance district may be
created in a county, but not more than one county assistance
district may be created in a commissioner's precinct.
(a-1) A district may [to] perform the following functions in
the district:
(1) the construction, maintenance, or improvement of
roads or highways;
(2) the provision of law enforcement and detention
services;
(3) the maintenance or improvement of libraries,
museums, parks, or other recreational facilities;
(4) the provision of services that benefit the public
health or welfare, including the provision of firefighting and fire
prevention services; or
(5) the promotion of economic development and tourism.
(b) The order calling the election must:
(1) define the boundaries of the district to include
any portion of the county in which the combined tax rate of all
local sales and use taxes imposed, including the rate to be imposed
by the district if approved at the election, would not exceed the
maximum combined rate of sales and use taxes imposed by political
subdivisions of this state that is prescribed by Sections 321.101
and 323.101, Tax Code [two percent]; and
(2) call for the election to be held within those
boundaries.
(b-1) If the proposed district includes any territory of a
municipality, the commissioners court shall send notice by
certified mail to the governing body of the municipality of the
commissioners court's intent to create the district. If the
municipality has created a development corporation under Chapter
504 or 505, Local Government Code [Section 4A or 4B, Development
Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil
Statutes)], the commissioners court shall also send the notice to
the board of directors of the corporation. The commissioners court
must send the notice not later than the 60th day before the date the
commissioners court orders the election. The governing body of the
municipality may exclude the territory of the municipality from the
proposed district by sending notice by certified mail to the
commissioners court of the governing body's desire to exclude the
municipal territory from the district. The governing body must
send the notice not later than the 45th day after the date the
governing body receives notice from the commissioners court under
this subsection. The territory of a municipality that is excluded
under this subsection may subsequently be included in:
(1) the district in an election held under Subsection
(f) with the consent of the municipality; or
(2) another district after complying with the
requirements of this subsection and after an election under
Subsection (f).
(c) The ballot at the election must be printed to permit
voting for or against the proposition: "Authorizing the creation
of the ____ County Assistance District No.___ (insert name of
district) and the imposition of a sales and use tax at the rate of
____ [of one] percent (insert [one-eighth, one-fourth,
three-eighths, or one-half, as] appropriate rate) for the purpose
of financing the operations of the district."
(e) If a majority of the votes received at the election are
against the creation of the district, the district is not created
and the county at any time may call one or more elections [another
election] on the question of creating one or more [a] county
assistance districts [district may not be held in the county before
the first anniversary of the most recent election concerning the
creation of a district].
(f) The commissioners court may call an election to be held
in an area of the county that is not located in a district created
under this section to determine whether the area should be included
in the district and whether the district's sales and use tax should
be imposed in the area. An election may not be held in an area in
which the combined tax rate of all local sales and use taxes
imposed, including the rate to be imposed by the district if
approved at the election, would exceed the maximum combined rate of
sales and use taxes imposed by political subdivisions of this state
that is prescribed by Sections 321.101 and 323.101, Tax Code [two
percent].
(h) If more than one election to authorize a local sales and
use tax is held on the same day in the area of a proposed district or
an area proposed to be added to a district and if the resulting
approval by the voters would cause the imposition of a local sales
and use tax in any area to exceed the maximum combined rate of sales
and use taxes of political subdivisions of this state that is
prescribed by Sections 321.101 and 323.101, Tax Code [two percent],
only a tax authorized at an election under this section may be
imposed.
(i) In addition to the authority to include an area in a
district under Subsection (f), the governing body of a district by
order may include an area in the district on receipt of a petition
or petitions signed by the owner or owners of the majority of the
land in the area to be included in the district. If there are no
qualified voters in the area to be included in the district, no
election is required.
(j) The commissioners court by order may exclude an area
from the district if the district has no outstanding bonds payable
wholly or partly from sales and use taxes and the exclusion does not
impair any outstanding district debt or contractual obligation.
SECTION 53. Section 387.005, Local Government Code, is
amended to read as follows:
Sec. 387.005. GOVERNING BODY. (a) The commissioners
court of the county in which the district is created by order shall
provide that:
(1) the commissioners court is the governing body of
the district; or
(2) the commissioners court shall appoint a governing
body of the district.
(b) A member of the governing body of the district
[commissioners court] is not entitled to compensation for service
[on the governing body of the district] but is entitled to
reimbursement for actual and necessary expenses.
(c) A board of directors appointed by the commissioners
court under this section shall consist of five directors who serve
staggered terms of two years. To be eligible to serve as a
director, a person must be at least 18 years of age and a resident of
the county in which the district is located. The initial directors
shall draw lots to achieve staggered terms, with three of the
directors serving one-year terms and two of the directors serving
two-year terms.
SECTION 54. Section 387.006(a), Local Government Code, is
amended to read as follows:
(a) A district may:
(1) perform any act necessary to the full exercise of
the district's functions;
(2) accept a grant or loan from:
(A) the United States;
(B) an agency or political subdivision of this
state; or
(C) a public or private person;
(3) acquire, sell, lease, convey, or otherwise dispose
of property or an interest in property under terms determined by the
district;
(4) employ necessary personnel; [and]
(5) adopt rules to govern the operation of the
district and its employees and property; and
(6) enter into agreements with municipalities
necessary or convenient to achieve the district's purposes,
including agreements regarding the duration, rate, and allocation
between the district and the municipality of sales and use taxes.
SECTION 55. Section 387.007, Local Government Code, is
amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) A district may not adopt a sales and use tax under this
chapter if the adoption of the tax would result in a combined tax
rate of all local sales and use taxes that would exceed the maximum
combined rate prescribed by Sections 321.101 and 323.101, Tax Code,
[of more than two percent] in any location in the district.
(c) A district may define areas in the district to pay for
improvements, facilities, or services that primarily benefit that
area and do not generally and directly benefit the district as a
whole. The district may impose different rates of sales and use tax
in each defined area, provided that the sales and use tax rate does
not exceed the rate approved at an election held under Section
387.003.
SECTION 56. Section 387.009, Local Government Code, is
amended to read as follows:
Sec. 387.009. TAX RATE. The rate of a tax adopted under
this chapter must be in increments of one-eighth[, one-fourth,
three-eighths, or one-half] of one percent.
SECTION 57. Sections 387.010(a), (b), and (c), Local
Government Code, are amended to read as follows:
(a) A district that has adopted a sales and use tax under
this chapter may, by order and subject to Section 387.007(b):
(1) reduce [, change] the rate of the tax or repeal the
tax without an election, except that the district may not repeal the
sales and use tax or reduce the rate of the sales and use tax below
the amount pledged to secure payment of an outstanding district
debt or contractual obligation;
(2) increase the rate of the sales and use tax, if the
increased rate of the sales and use tax will not exceed the rate
approved at an election held under Section 387.003; or
(3) increase the rate of the sales and use tax to a
rate that exceeds the rate approved at an election held under
Section 387.003 after [if] the increase [change or repeal] is
approved by a majority of the votes received in the district at an
election held for that purpose.
(b) The tax may be changed under Subsection (a) in one or
more increments of one-eighth of one percent [to a maximum of
one-half of one percent].
(c) The ballot for an election to increase [change] the tax
shall be printed to permit voting for or against the proposition:
"The increase [change] of a sales and use tax for the ____ County
Assistance District No. ___ (insert name of district) from the rate
of ____ [of one] percent (insert [one-fourth, three-eighths, or
one-half, as] appropriate rate) to the rate of ____ [of one] percent
(insert [one-fourth, three-eighths, or one-half, as] appropriate
rate)."
SECTION 58. Section 387.012, Local Government Code, is
amended to read as follows:
Sec. 387.012. EFFECTIVE DATE OF TAX. The adoption of the
tax, the increase or reduction [change] of the tax rate, or the
repeal of the tax takes effect on the first day of the first
calendar quarter occurring after the expiration of the first
complete quarter occurring after the date the comptroller receives
a copy of the order of the district's governing body [notice of the
results of the election] adopting, increasing, reducing
[changing], or repealing the tax.
SECTION 59. Section 162.001, Occupations Code, is amended
by amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) The board by rule shall certify a health organization
that:
(1) applies for certification on a form approved by
the board; [and]
(2) presents proof satisfactory to the board that the
organization meets the requirements of Subsection (b), [or] (c), or
(d); and
(3) states that the health organization has consulted
with the organization's medical staff before filing an application
for certification under Subsection (d), if appropriate.
(d) The board shall certify a health organization to employ
physicians licensed by the board if the organization is in
compliance with Subchapter E, Chapter 311, Health and Safety Code,
and this subchapter, including board rules.
SECTION 60. Subchapter A, Chapter 162, Occupations Code, is
amended by adding Sections 162.004 through 162.007 to read as
follows:
Sec. 162.004. EMPLOYER AND EMPLOYEE REQUIREMENTS. The
following requirements apply to an organization certified under
Section 162.001(d) that employs physicians:
(1) the organization shall ensure that each physician
retains independent medical judgment in providing care to patients
at the organization and may not be penalized for reasonably
advocating for patient care;
(2) the organization shall provide a certain portion
of medical services free of charge, or at a reduced fee commensurate
with a patient's ability to pay;
(3) a physician employed by the organization shall
participate in the provision of services under Subdivision (2);
(4) an organization may not include or enforce a
noncompete clause in a physician employment contract or condition
privileges on the continuation or termination of an employment
contract; and
(5) a physician who has privileges at the organization
and is employed by the hospital and a physician who is not employed
by the hospital must be given equal consideration and treatment in
the creation and execution of all medical staff bylaw provisions
regardless of the physician's employer.
Sec. 162.005. FEES; ENFORCEMENT. (a) The board may charge
a reasonable fee as necessary for the certification of an
organization under Section 162.001(d) and for the investigation,
review, and enforcement of the organization's compliance with this
subchapter and Subchapter E, Chapter 311, Health and Safety Code.
(b) The board may adopt and impose fines and administrative
remedies, including the revocation of certification under Section
162.003, for a violation of this subchapter or Subchapter E,
Chapter 311, Health and Safety Code.
Sec. 162.006. BIENNIAL COMPLIANCE STATEMENT. When an
organization applies for certification, and every two years after
that date, an organization seeking certification under Section
162.001(d) shall provide to the board a compliance statement signed
by the organization's chief executive officer attesting that the
organization is in compliance with all requirements for
certification and continued certification, including the
requirements of this subchapter and Subchapter E, Chapter 311,
Health and Safety Code.
Sec. 162.007. DOCUMENTS IN SUPPORT OF CERTIFICATION AND
BIENNIAL COMPLIANCE STATEMENTS. (a) An organization shall submit
to the board at the time application for certification under
Section 162.001(d) is made a copy of the hospital's policies,
bylaws, and medical staff bylaws that demonstrate compliance with
the requirements of this subchapter and Subchapter E, Chapter 311,
Health and Safety Code.
(b) An organization certified under Section 162.001(d)
shall submit to the board as part of the organization's biennial
compliance statement copies of any changes or amendments to the
hospital's bylaws, policies, and medical staff bylaws that were
submitted to the board after the organization's initial approved
application for certification.
SECTION 61. Section 1702.104(b), Occupations Code, is
amended to read as follows:
(b) For purposes of Subsection (a)(1), "obtaining or
furnishing information" includes information obtained or furnished
through the review and analysis of, and the investigation into the
content of, computer-based data not available to the public.
"Obtaining or furnishing information" does not include information
obtained or furnished by an information technology professional who
is an employee of a county and who is:
(1) in the course and scope of employment, installing
or repairing computer equipment belonging to the county or is
examining the cause for required repair; and
(2) not performing any other act that requires a
license under this chapter.
SECTION 62. Chapter 51, Property Code, is amended by adding
Section 51.0022 to read as follows:
Sec. 51.0022. FORECLOSURE DATA COLLECTION. (a) In this
section, "department" means the Texas Department of Housing and
Community Affairs.
(b) A person filing a notice of sale of residential property
under Section 51.002(b) must submit to the county clerk a completed
form that provides the zip code for the property.
(c) On completion of a sale of real property, the trustee or
sheriff shall submit to the county clerk a completed form that
contains information on whether the property is residential and the
zip code of the property.
(d) Not later than the 30th day after the date of receipt of
a form under this section, the county clerk shall transmit the form
to the department.
(e) The board of the department shall prescribe the forms
required under this section. The forms may only request
information on whether the property is residential and the zip code
of the property.
(f) The department shall report the information received
under this section quarterly to the legislature in a format
established by the board of the department by rule.
SECTION 63. Articles 20.011(a) and 20.02(b), Code of
Criminal Procedure, as amended by this Act, and Article 20.151,
Code of Criminal Procedure, as added by this Act, apply only to
testimony before a grand jury that is impaneled on or after the
effective date of this Act.
SECTION 64. Article 27.18, Code of Criminal Procedure, as
amended by this Act, applies to a plea of guilty or nolo contendere
entered on or after the effective date of this Act, regardless of
whether the offense with reference to which the plea is entered is
committed before, on, or after that date.
SECTION 65. Article 38.073, Code of Criminal Procedure, as
amended by this Act, applies only to the testimony of an inmate
witness that is taken on or after the effective date of this Act.
SECTION 66. Notwithstanding Sections 2 and 3, Article
49.25, Code of Criminal Procedure, as amended by this Act, a person
serving as the chief medical examiner or a deputy medical examiner
for a medical examiners district or county in this state on the
effective date of this Act is not required to be board certified in
anatomic and forensic pathology by the American Board of Pathology
to continue to hold that position of chief medical examiner or
deputy medical examiner for that district or county.
SECTION 67. (a) Section 61.001(f), Government Code, as
amended by this Act, applies only to a disbursement for the
reimbursement for jury service expenses on or after the effective
date of this Act.
(b) The changes in law made by Sections 262.003, 262.023,
271.024, and 363.156, Local Government Code, as amended by this
Act, apply only to a purchase made or contract executed on or after
the effective date of this Act. A purchase made or contract
executed before the effective date of this Act is governed by the
law in effect immediately before that date, and the former law is
continued in effect for that purpose.
(c) The board of the Texas Department of Housing and
Community Affairs shall adopt the forms and rules required by
Section 51.0022, Property Code, as added by this Act, not later than
January 1, 2010.
(d) The change in law made by Section 51.0022, Property
Code, as added by this Act, applies only to a notice of sale filed on
or after January 1, 2010. A notice of sale filed before January 1,
2010, is governed by the law in effect immediately before that date,
and the former law is continued in effect for that purpose.
SECTION 68. The change in law made by Sections 250.003 and
250.004, Local Government Code, is effective on or after January 1,
2010.
SECTION 69. All governmental acts and proceedings of a
governmental body of a municipality or county under Subchapter A,
Chapter 372, Local Government Code, as that subchapter existed
before the effective date of this Act, to establish a public
improvement district, designate improvements, levy assessments,
and finance costs of improvements in response to a petition filed
with the governing body that conformed to the requirements of
Section 372.005, Local Government Code, as that section existed
before the effective date of this Act, are validated and confirmed
in all respects.
SECTION 70. (a) The legislature validates and confirms all
governmental acts and proceedings before the effective date of this
Act of a district created under Subchapter C, Chapter 372, Local
Government Code, as that chapter existed before the effective date
of this Act, including acts of the district's board of directors.
(b) Subsection (a) of this section does not apply to a
matter that on the effective date of this Act:
(1) is involved in litigation, if the litigation
ultimately results in the matter being held invalid by a final court
judgment; or
(2) has been held invalid by a final court judgment.
SECTION 71. (a) The sections of this Act amending
Subchapter C, Chapter 372, Local Government Code, as amended by
this Act, take effect only if the Act of the 81st Legislature,
Regular Session, 2009, relating to nonsubstantive additions to and
corrections in enacted codes does not become law. If the Act of the
81st Legislature, Regular Session, 2009, relating to
nonsubstantive additions to and corrections in enacted codes
becomes law, the sections of this Act amending Subchapter C,
Chapter 372, Local Government Code, as amended by this Act, have no
effect.
(b) The sections of this Act amending Chapter 382, Local
Government Code, take effect only if the Act of the 81st
Legislature, Regular Session, 2009, relating to nonsubstantive
additions to and corrections in enacted codes becomes law. If the
Act of the 81st Legislature, Regular Session, 2009, relating to
nonsubstantive additions to and corrections in enacted codes does
not become law, the sections of this Act amending Chapter 382, Local
Government Code, have no effect.
SECTION 72. Section 13, Article 49.25, Code of Criminal
Procedure, is repealed.
SECTION 73. Section 387.010(d), Local Government Code, is
repealed.
SECTION 74. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3485 was passed by the House on May
12, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3485 on May 29, 2009, by the following vote: Yeas 142, Nays 2,
1 present, not voting; and that the House adopted H.C.R. No. 282
authorizing certain corrections in H.B. No. 3485 on June 1, 2009, by
the following vote: Yeas 145, Nays 0, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3485 was passed by the Senate, with
amendments, on May 26, 2009, by the following vote: Yeas 27, Nays
4; and that the Senate adopted H.C.R. No. 282 authorizing certain
corrections in H.B. No. 3485 on June 1, 2009, by the following
vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor