Texas 2009 - 81st Regular

Texas House Bill HB3545 Compare Versions

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1	1	81R721 CAS-D
2	2	By: Leibowitz H.B. No. 3545
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to nonsubstantive additions to and corrections in enacted
8	8	codes, to the nonsubstantive codification or disposition of various
9	9	laws omitted from enacted codes, to conforming codifications
10	10	enacted by the 80th Legislature to other Acts of that legislature,
11	11	and to the repeal of certain unconstitutional laws.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	ARTICLE 1. GENERAL PROVISIONS
14	14	SECTION 1.001. This Act is enacted as part of the state's
15	15	continuing statutory revision program under Chapter 323,
16	16	Government Code. This Act is a revision for purposes of Section 43,
17	17	Article III, Texas Constitution, and has the purposes of:
18	18	(1) codifying without substantive change or providing
19	19	for other appropriate disposition of various statutes that were
20	20	omitted from enacted codes;
21	21	(2) conforming codifications enacted by the 80th
22	22	Legislature to other Acts of that legislature that amended the laws
23	23	codified or added new law to subject matter codified;
24	24	(3) making necessary corrections to enacted
25	25	codifications;
26	26	(4) repealing various civil statutes appellate courts
27	27	have held to be unconstitutional; and
28	28	(5) renumbering titles, chapters, and sections of
29	29	codes that duplicate title, chapter, or section numbers.
30	30	SECTION 1.002. (a) The repeal of a statute by this Act does
31	31	not affect an amendment, revision, or reenactment of the statute by
32	32	the 81st Legislature, Regular Session, 2009. The amendment,
33	33	revision, or reenactment is preserved and given effect as part of
34	34	the code provision that revised the statute so amended, revised, or
35	35	reenacted.
36	36	(b) If any provision of this Act conflicts with a statute
37	37	enacted by the 81st Legislature, Regular Session, 2009, the statute
38	38	controls.
39	39	SECTION 1.003. (a) A transition or saving provision of a
40	40	law codified by this Act applies to the codified law to the same
41	41	extent as it applied to the original law.
42	42	(b) The repeal of a transition or saving provision by this
43	43	Act does not affect the application of the provision to the codified
44	44	law.
45	45	(c) In this section, "transition provision" includes any
46	46	temporary provision providing for a special situation in the
47	47	transition period between the existing law and the establishment or
48	48	implementation of the new law.
49	49	ARTICLE 2. CHANGES RELATING TO AGRICULTURE CODE
50	50	SECTION 2.001. Section 2.003(a), Agriculture Code, is
51	51	amended to correct an error in punctuation to read as follows:
52	52	(a) The agricultural policy of this state must consider and
53	53	address:
54	54	(1) water availability issues, including planning for
55	55	water supplies and drought preparedness and response, by ensuring
56	56	that a high priority is assigned to the agricultural use of water;
57	57	(2) transportation issues, by ensuring an efficient
58	58	and well-maintained farm-to-market road system and intermodal
59	59	transportation to provide adequate transportation for agricultural
60	60	products at competitive rates;
61	61	(3) state regulatory issues, by ensuring the
62	62	efficiency and profitability of agricultural enterprises while at
63	63	the same time protecting the health, safety, and welfare of
64	64	agricultural workers and citizens of this state; [.]
65	65	(4) state tax policy, by encouraging tax policy that
66	66	promotes the agriculture industry, including production and
67	67	processing;
68	68	(5) the availability of capital, including state loans
69	69	or grants authorized by Section 52-a, Article III, Texas
70	70	Constitution, by facilitating access to capital through loans and
71	71	grants authorized by the Texas Constitution for agricultural
72	72	producers who have established or intend to establish agricultural
73	73	operations in Texas;
74	74	(6) the promotion of Texas agricultural products, by
75	75	promoting the orderly and efficient marketing of agricultural
76	76	commodities and enhancing and expanding sales of Texas raw and
77	77	processed agricultural products in local, domestic, and foreign
78	78	markets;
79	79	(7) eradication, control, or exclusion of:
80	80	(A) injurious pests and diseases that affect
81	81	crops and livestock; and
82	82	(B) noxious plant and brush species;
83	83	(8) research and education efforts, including
84	84	financial risk management, consumer education, and education in the
85	85	public schools, by encouraging promotional and educational
86	86	programs involving all segments of agriculture and maintaining a
87	87	solid foundation of stable and long-term support for food and
88	88	agricultural research while improving accountability and gathering
89	89	public input concerning research;
90	90	(9) promotion of efficient utilization of soil and
91	91	water resources, by encouraging efforts to sustain the long-term
92	92	productivity of landowners by conserving and protecting the basic
93	93	resources of agriculture, including soil, water, and air, while
94	94	working within federal mandates relating to natural resources;
95	95	(10) rural economic and infrastructure development,
96	96	by enhancing, protecting, and encouraging the production of food
97	97	and other agricultural products;
98	98	(11) protection of property rights and the right to
99	99	farm, by promoting and protecting agricultural activities that are
100	100	established before nonagricultural activities located near the
101	101	agricultural activities and are reasonable and consistent with good
102	102	agricultural practices;
103	103	(12) preservation of farmland, ranchland, timberland,
104	104	and other land devoted to agricultural purposes, by encouraging the
105	105	development and improvement of the land for the production of food
106	106	and other agricultural products consistent with the philosophy of a
107	107	private property rights state;
108	108	(13) food safety, by continuing to support production
109	109	of the safest food in the world with regulations based on sound
110	110	scientific evidence;
111	111	(14) efforts to participate in the formulation of
112	112	federal programs and policies, by actively addressing the
113	113	development of federal policy that affects this state;
114	114	(15) promotion of rural fire service, by seeking
115	115	opportunities to improve the sustainability and effectiveness of
116	116	rural fire service for the protection of the general public and
117	117	natural resources; and
118	118	(16) promotion of value-added agricultural
119	119	enterprises, by promoting efforts to increase the value of Texas
120	120	agricultural products through processing, management practices, or
121	121	other procedures that add consumer benefits to agricultural goods.
122	122	SECTION 2.002. Section 58.039, Agriculture Code, as added
123	123	by Section 1, Article 2, Chapter 32 (H.B. 49), Acts of the 70th
124	124	Legislature, 2nd Called Session, 1987, and Section 58.039,
125	125	Agriculture Code, as added by Section 1, Chapter 1247 (H.B. 1111),
126	126	Acts of the 71st Legislature, Regular Session, 1989, are reenacted
127	127	and amended to consolidate the two versions of Section 58.039 and to
128	128	correct a typographical error to read as follows:
129	129	Sec. 58.039. REVIEW BOARD. (a) The bond review board is
130	130	composed of:
131	131	(1) the governor;
132	132	(2) the lieutenant governor;
133	133	(3) the speaker of the house of representatives; and
134	134	(4) the comptroller of public accounts.
135	135	(b) The governor is chairman of the review board.
136	136	(c) Bonds may not be issued under this chapter, and proceeds
137	137	of bonds under this chapter may not be used to finance a program
138	138	unless the issuance or [of] program, as applicable, has been
139	139	reviewed and approved by the review board.
140	140	(d) The review board may adopt rules governing application
141	141	for review, the review process, and reporting requirements.
142	142	(e) A member of the review board may not be held liable for
143	143	damages resulting from the performance of the members' functions
144	144	under this chapter.
145	145	SECTION 2.003. Section 143.021(a), Agriculture Code, is
146	146	amended to correct a typographical error to read as follows:
147	147	(a) In accordance with this section, the freeholders of a
148	148	county or an area within a county may petition the commissioners
149	149	[commissions] court to conduct an election for the purpose of
150	150	determining if horses, mules, jacks, jennets, donkeys, hogs, sheep,
151	151	or goats are to be permitted to run at large in the county or area.
152	152	ARTICLE 3. CHANGES RELATING TO ALCOHOLIC BEVERAGE CODE
153	153	SECTION 3.001. Section 16.06, Alcoholic Beverage Code, is
154	154	amended to add a heading to read as follows:
155	155	Sec. 16.06. PARTICIPATION IN CERTAIN OFF-PREMISES WINE
156	156	EVALUATION ACTIVITIES. (a) For the purpose of participating in an
157	157	organized wine tasting, wine evaluation, wine competition, or
158	158	literary review, the holder of a winery permit may deliver wine
159	159	produced and manufactured by the holder to locations that are not
160	160	licensed under this code for the purpose of submitting the wine to
161	161	an evaluation at an organized wine tasting competition attended
162	162	primarily by unlicensed persons or by a wine reviewer whose reviews
163	163	are published if:
164	164	(1) no charge of any kind is made for the wine,
165	165	delivery, or attendance at the event; and
166	166	(2) the commission consents in writing to the
167	167	delivery.
168	168	(b) In connection with events authorized by Subsection (a)
169	169	of this section, the holder of the winery permit may dispense wine
170	170	to individuals attending the event and discuss with them the
171	171	manufacture and characteristics of the wine.
172	172	ARTICLE 4. CHANGES RELATING TO BUSINESS & COMMERCE CODE
173	173	SECTION 4.001. (a) Title 4, Business & Commerce Code, is
174	174	amended to recodify Section 35.521, Business & Commerce Code, as
175	175	added by Section 1, Chapter 498 (S.B. 324), Acts of the 80th
176	176	Legislature, Regular Session, 2007, by adding Chapter 56 to read as
177	177	follows:
178	178	CHAPTER 56. AGREEMENT FOR PAYMENT OF CONSTRUCTION SUBCONTRACTOR
179	179	SUBCHAPTER A. GENERAL PROVISIONS
180	180	Sec. 56.001. DEFINITIONS. In this chapter:
181	181	(1) "Contingent payee" means a party to a contract
182	182	with a contingent payment clause, other than an architect or
183	183	engineer, whose receipt of payment is conditioned on the contingent
184	184	payor's receipt of payment from another person.
185	185	(2) "Contingent payment clause" means a provision in a
186	186	contract for construction management, or for the construction of
187	187	improvements to real property or the furnishing of materials for
188	188	the construction, that provides that the contingent payor's receipt
189	189	of payment from another is a condition precedent to the obligation
190	190	of the contingent payor to make payment to the contingent payee for
191	191	work performed or materials furnished.
192	192	(3) "Contingent payor" means a party to a contract
193	193	with a contingent payment clause that conditions payment by the
194	194	party on the receipt of payment from another person.
195	195	(4) "Improvement" includes new construction,
196	196	remodeling, or repair.
197	197	(5) "Obligor" means the person obligated to make
198	198	payment to the contingent payor for an improvement.
199	199	(6) "Primary obligor" means the owner of the real
200	200	property to be improved or repaired under the contract, or the
201	201	contracting authority if the contract is for a public project. A
202	202	primary obligor may be an obligor.
203	203	Sec. 56.002. INAPPLICABILITY OF CHAPTER TO CERTAIN
204	204	CONTRACTS. This chapter does not apply to a contract that is solely
205	205	for:
206	206	(1) design services;
207	207	(2) the construction or maintenance of a road,
208	208	highway, street, bridge, utility, water supply project, water
209	209	plant, wastewater plant, water and wastewater distribution or
210	210	conveyance facility, wharf, dock, airport runway or taxiway,
211	211	drainage project, or related type of project associated with civil
212	212	engineering construction; or
213	213	(3) improvements to or the construction of a structure
214	214	that is a:
215	215	(A) detached single-family residence;
216	216	(B) duplex;
217	217	(C) triplex; or
218	218	(D) quadruplex.
219	219	Sec. 56.003. EFFECT OF CHAPTER ON TIMING OF PAYMENT
220	220	PROVISIONS. This chapter does not affect a provision that affects
221	221	the timing of a payment in a contract for construction management or
222	222	for the construction of improvements to real property if the
223	223	payment is to be made within a reasonable period.
224	224	Sec. 56.004. WAIVER OF CHAPTER PROHIBITED. A person may not
225	225	waive this chapter by contract or other means. A purported waiver
226	226	of this chapter is void.
227	227	[Sections 56.005-56.050 reserved for expansion]
228	228	SUBCHAPTER B. CONTINGENT PAYMENT CLAUSE
229	229	Sec. 56.051. ENFORCEMENT OF CLAUSE PROHIBITED TO EXTENT
230	230	CERTAIN CONTRACTUAL OBLIGATIONS NOT MET. A contingent payor or its
231	231	surety may not enforce a contingent payment clause to the extent
232	232	that the obligor's nonpayment to the contingent payor is the result
233	233	of the contractual obligations of the contingent payor not being
234	234	met, unless the nonpayment is the result of the contingent payee's
235	235	failure to meet the contingent payee's contractual requirements.
236	236	Sec. 56.052. ENFORCEMENT OF CLAUSE PROHIBITED FOLLOWING
237	237	NOTICE FROM CONTINGENT PAYEE. (a) Except as provided by Subsection
238	238	(d), a contingent payor or its surety may not enforce a contingent
239	239	payment clause as to work performed or materials delivered after
240	240	the contingent payor receives written notice from the contingent
241	241	payee objecting to the further enforceability of the contingent
242	242	payment clause as provided by this chapter and the notice becomes
243	243	effective as provided by Subsection (b). The contingent payee may
244	244	send written notice only after the 45th day after the date the
245	245	contingent payee submits a written request for payment to the
246	246	contingent payor that is in a form substantially in accordance with
247	247	the contingent payee's contract requirements for the contents of a
248	248	regular progress payment request or an invoice.
249	249	(b) For purposes of Subsection (a), the written notice
250	250	becomes effective on the latest of:
251	251	(1) the 10th day after the date the contingent payor
252	252	receives the notice;
253	253	(2) the eighth day after the date interest begins to
254	254	accrue against the obligor under:
255	255	(A) Section 28.004, Property Code, under a
256	256	contract for a private project governed by Chapter 28, Property
257	257	Code; or
258	258	(B) 31 U.S.C. Section 3903(a)(6), under a
259	259	contract for a public project governed by 40 U.S.C. Section 3131; or
260	260	(3) the 11th day after the date interest begins to
261	261	accrue against the obligor under Section 2251.025, Government Code,
262	262	under a contract for a public project governed by Chapter 2251,
263	263	Government Code.
264	264	(c) A notice given by a contingent payee under Subsection
265	265	(a) does not prevent enforcement of a contingent payment clause if:
266	266	(1) the obligor has a dispute under Chapter 28,
267	267	Property Code, Chapter 2251, Government Code, or 31 U.S.C. Chapter
268	268	39 as a result of the contingent payee's failure to meet the
269	269	contingent payee's contractual requirements; and
270	270	(2) the contingent payor gives notice in writing to
271	271	the contingent payee that the written notice given under Subsection
272	272	(a) does not prevent enforcement of the contingent payment clause
273	273	under this subsection and the contingent payee receives the notice
274	274	under this subdivision not later than the later of:
275	275	(A) the fifth day before the date the written
276	276	notice from the contingent payee under Subsection (a) becomes
277	277	effective under Subsection (b); or
278	278	(B) the fifth day after the date the contingent
279	279	payor receives the written notice from the contingent payee under
280	280	Subsection (a).
281	281	(d) A written notice given by a contingent payee under
282	282	Subsection (a) does not prevent the enforcement of a contingent
283	283	payment clause to the extent that the funds are not collectible as a
284	284	result of a primary obligor's successful assertion of a defense of
285	285	sovereign immunity, if the contingent payor has exhausted all of
286	286	its rights and remedies under its contract with the primary obligor
287	287	and under Chapter 2251, Government Code. This subsection does not:
288	288	(1) create or validate a defense of sovereign
289	289	immunity; or
290	290	(2) extend to a primary obligor a defense or right that
291	291	did not exist before September 1, 2007.
292	292	(e) On receipt of payment by the contingent payee of the
293	293	unpaid indebtedness giving rise to the written notice provided by
294	294	the contingent payee under Subsection (a), the contingent payment
295	295	clause is reinstated as to work performed or materials furnished
296	296	after the receipt of the payment, subject to the provisions of this
297	297	chapter.
298	298	Sec. 56.053. ENFORCEMENT OF CLAUSE PROHIBITED IF EXISTENCE
299	299	OF SHAM RELATIONSHIP. A contingent payor or its surety may not
300	300	enforce a contingent payment clause if the contingent payor is in a
301	301	sham relationship with the obligor, as described by the sham
302	302	relationships in Section 53.026, Property Code.
303	303	Sec. 56.054. ENFORCEMENT OF CLAUSE PROHIBITED IF
304	304	UNCONSCIONABLE. (a) A contingent payor or its surety may not
305	305	enforce a contingent payment clause if the enforcement would be
306	306	unconscionable. The party asserting that a contingent payment
307	307	clause is unconscionable has the burden of proving that the clause
308	308	is unconscionable.
309	309	(b) The enforcement of a contingent payment clause is not
310	310	unconscionable if the contingent payor:
311	311	(1) proves that the contingent payor has exercised
312	312	diligence in ascertaining and communicating in writing to the
313	313	contingent payee, before the contract in which the contingent
314	314	payment clause has been asserted becomes enforceable against the
315	315	contingent payee, the financial viability of the primary obligor
316	316	and the existence of adequate financial arrangements to pay for the
317	317	improvements; and
318	318	(2) has done the following:
319	319	(A) made reasonable efforts to collect the amount
320	320	owed to the contingent payor; or
321	321	(B) made or offered to make, at a reasonable
322	322	time, an assignment by the contingent payor to the contingent payee
323	323	of a cause of action against the obligor for the amounts owed to the
324	324	contingent payee by the contingent payor and offered reasonable
325	325	cooperation to the contingent payee's collection efforts, if the
326	326	assigned cause of action is not subject to defenses caused by the
327	327	contingent payor's action or failure to act.
328	328	(c) A cause of action brought on an assignment made under
329	329	Subsection (b)(2)(B) is enforceable by a contingent payee against
330	330	an obligor or a primary obligor.
331	331	(d) A contingent payor is considered to have exercised
332	332	diligence for purposes of Subsection (b)(1) under a contract for a
333	333	private project governed by Chapter 53, Property Code, if the
334	334	contingent payee receives in writing from the contingent payor:
335	335	(1) the name, address, and business telephone number
336	336	of the primary obligor;
337	337	(2) a description, legally sufficient for
338	338	identification, of the property on which the improvements are being
339	339	constructed;
340	340	(3) the name and address of the surety on any payment
341	341	bond provided under Subchapter I, Chapter 53, Property Code, to
342	342	which any notice of claim should be sent;
343	343	(4) if a loan has been obtained for the construction of
344	344	improvements:
345	345	(A) a statement, furnished by the primary obligor
346	346	and supported by reasonable and credible evidence from all
347	347	applicable lenders, of the amount of the loan;
348	348	(B) a summary of the terms of the loan;
349	349	(C) a statement of whether there is foreseeable
350	350	default of the primary obligor; and
351	351	(D) the name, address, and business telephone
352	352	number of the borrowers and lenders; and
353	353	(5) a statement, furnished by the primary obligor and
354	354	supported by reasonable and credible evidence from all applicable
355	355	banks or other depository institutions, of the amount, source, and
356	356	location of funds available to pay the balance of the contract
357	357	amount if there is no loan or the loan is not sufficient to pay for
358	358	all of the construction of the improvements.
359	359	(e) A contingent payor is considered to have exercised
360	360	diligence for purposes of Subsection (b)(1) under a contract for a
361	361	public project governed by Chapter 2253, Government Code, if the
362	362	contingent payee receives in writing from the contingent payor:
363	363	(1) the name, address, and primary business telephone
364	364	number of the primary obligor;
365	365	(2) the name and address of the surety on the payment
366	366	bond provided to the primary obligor to which any notice of claim
367	367	should be sent; and
368	368	(3) a statement from the primary obligor that funds
369	369	are available and have been authorized for the full contract amount
370	370	for the construction of the improvements.
371	371	(f) A contingent payor is considered to have exercised
372	372	diligence for purposes of Subsection (b)(1) under a contract for a
373	373	public project governed by 40 U.S.C. Section 3131 if the contingent
374	374	payee receives in writing from the contingent payor:
375	375	(1) the name, address, and primary business telephone
376	376	number of the primary obligor;
377	377	(2) the name and address of the surety on the payment
378	378	bond provided to the primary obligor; and
379	379	(3) the name of the contracting officer, if known at
380	380	the time of the execution of the contract.
381	381	(g) A primary obligor shall furnish the information
382	382	described by Subsection (d) or (e), as applicable, to the
383	383	contingent payor not later than the 30th day after the date the
384	384	primary obligor receives a written request for the information. If
385	385	the primary obligor fails to provide the information under the
386	386	written request, the contingent payor, the contingent payee, and
387	387	their sureties are relieved of the obligation to initiate or
388	388	continue performance of the construction contracts of the
389	389	contingent payor and contingent payee.
390	390	Sec. 56.055. USE OF CLAUSE TO INVALIDATE ENFORCEABILITY OR
391	391	PERFECTION OF MECHANIC'S LIEN PROHIBITED. A contingent payment
392	392	clause may not be used as a basis for invalidation of the
393	393	enforceability or perfection of a mechanic's lien under Chapter 53,
394	394	Property Code.
395	395	Sec. 56.056. ASSERTION OF CLAUSE AS AFFIRMATIVE DEFENSE.
396	396	The assertion of a contingent payment clause is an affirmative
397	397	defense to a civil action for payment under a contract.
398	398	Sec. 56.057. ALLOCATION OF RISK PERMITTED. An obligor or a
399	399	primary obligor may not prohibit a contingent payor from allocating
400	400	risk by means of a contingent payment clause.
401	401	(b) Section 35.521, Business & Commerce Code, as added by
402	402	Section 1, Chapter 498 (S.B. 324), Acts of the 80th Legislature,
403	403	Regular Session, 2007, is repealed.
404	404	SECTION 4.002. (a) Sections 102.001 through 102.005,
405	405	Business & Commerce Code, are designated as Subchapter A, Chapter
406	406	102, Business & Commerce Code, and a heading for Subchapter A is
407	407	added to conform to Section 1, Chapter 1206 (H.B. 1751), Acts of the
408	408	80th Legislature, Regular Session, 2007, to read as follows:
409	409	SUBCHAPTER A. RESTRICTION ON OWNERS, OPERATORS, MANAGERS, OR
410	410	EMPLOYEES OF SEXUALLY ORIENTED BUSINESSES
411	411	(b) Section 1, Chapter 1206 (H.B. 1751), Acts of the 80th
412	412	Legislature, Regular Session, 2007, which designated former
413	413	Sections 47.001 through 47.004, Business & Commerce Code, as
414	414	Subchapter A, Chapter 47, Business & Commerce Code, and added a
415	415	heading for Subchapter A, is repealed.
416	416	SECTION 4.003. (a) Section 102.001, Business & Commerce
417	417	Code, is amended to conform to Section 2, Chapter 1206 (H.B. 1751),
418	418	Acts of the 80th Legislature, Regular Session, 2007, to read as
419	419	follows:
420	420	Sec. 102.001. DEFINITIONS. In this subchapter [chapter]:
421	421	(1) "Sex offender" means a person who has been
422	422	convicted of or placed on deferred adjudication for an offense for
423	423	which a person is subject to registration under Chapter 62, Code of
424	424	Criminal Procedure.
425	425	(2) "Sexually oriented business" has the meaning
426	426	assigned by Section 243.002, Local Government Code.
427	427	(b) Section 2, Chapter 1206 (H.B. 1751), Acts of the 80th
428	428	Legislature, Regular Session, 2007, which amended former Section
429	429	47.001, Business & Commerce Code, is repealed.
430	430	SECTION 4.004. Subchapter B, Chapter 47, Business &
431	431	Commerce Code, as added by Section 3, Chapter 1206 (H.B. 1751), Acts
432	432	of the 80th Legislature, Regular Session, 2007, is redesignated as
433	433	Subchapter B, Chapter 102, Business & Commerce Code, and the
434	434	sections in that redesignated subchapter, Sections 47.051, 47.052,
435	435	47.053, 47.054, 47.055, 47.0551, and 47.056, are redesignated as
436	436	Sections 102.051, 102.052, 102.053, 102.054, 102.055, 102.0551,
437	437	and 102.056, respectively.
438	438	SECTION 4.005. (a) Title 6, Business & Commerce Code, is
439	439	amended to recodify Section 35.63, Business & Commerce Code, as
440	440	added by Section 1, Chapter 307 (H.B. 1871), Acts of the 80th
441	441	Legislature, Regular Session, 2007, by adding Chapter 204 to read
442	442	as follows:
443	443	CHAPTER 204. SALE OF PLASTIC BULK MERCHANDISE CONTAINER
444	444	Sec. 204.001. DEFINITIONS. In this chapter:
445	445	(1) "Plastic bulk merchandise container" means a
446	446	plastic crate or shell used by a product producer, distributor, or
447	447	retailer for the bulk transportation or storage of retail
448	448	containers of milk, eggs, or bottled beverage products.
449	449	(2) "Proof of ownership" includes a bill of sale or
450	450	other evidence showing that an item has been sold to the person
451	451	possessing the item.
452	452	Sec. 204.002. REQUIREMENTS APPLICABLE TO SALE OF PLASTIC
453	453	BULK MERCHANDISE CONTAINER. (a) A person who is in the business of
454	454	recycling, shredding, or destroying plastic bulk merchandise
455	455	containers, before purchasing five or more plastic bulk merchandise
456	456	containers from the same person, shall:
457	457	(1) obtain from that person:
458	458	(A) proof of ownership for the containers; and
459	459	(B) a record that contains:
460	460	(i) the name, address, and telephone number
461	461	of the person or the person's authorized representative;
462	462	(ii) the name and address of the buyer of
463	463	the containers or any consignee of the containers;
464	464	(iii) a description of the containers,
465	465	including the number of the containers to be sold; and
466	466	(iv) the date of the transaction; and
467	467	(2) verify the identity of the individual selling the
468	468	containers or representing the seller from a driver's license or
469	469	other government-issued identification card that includes the
470	470	individual's photograph, and record the verification.
471	471	(b) A person shall retain a record obtained or made under
472	472	this chapter until the first anniversary of the later of the date
473	473	the containers are purchased or delivered.
474	474	(c) A person who violates Subsection (a) or (b) is liable to
475	475	this state for a civil penalty of $10,000 for each violation.
476	476	Sec. 204.003. USE OF ARTIFICE TO AVOID APPLICABILITY OF
477	477	CHAPTER PROHIBITED. (a) A person who is in the business of
478	478	recycling, shredding, or destroying plastic bulk merchandise
479	479	containers may not use an artifice to avoid the application of
480	480	Section 204.002, including documenting purchases from the same
481	481	person on the same day as multiple transactions.
482	482	(b) A person who violates this section is liable to this
483	483	state for a civil penalty of $30,000 for each violation.
484	484	Sec. 204.004. ENFORCEMENT OF CIVIL PENALTY. The attorney
485	485	general or appropriate prosecuting attorney may sue to collect a
486	486	civil penalty under this chapter.
487	487	(b) Section 35.63, Business & Commerce Code, as added by
488	488	Section 1, Chapter 307 (H.B. 1871), Acts of the 80th Legislature,
489	489	Regular Session, 2007, is repealed.
490	490	SECTION 4.006. (a) Section 304.002(10), Business &
491	491	Commerce Code, is amended to conform to Section 1, Chapter 206 (H.B.
492	492	143), Acts of the 80th Legislature, Regular Session, 2007, to read
493	493	as follows:
494	494	(10) "Telephone call" means a call or other
495	495	transmission made to or received at a telephone number, including:
496	496	(A) a call made by an automated telephone dialing
497	497	system;
498	498	(B) a transmission to a facsimile recording
499	499	device; and
500	500	(C) a call or other transmission, including a
501	501	transmission of a text or graphic message or of an image, to a
502	502	mobile telephone number serviced by a provider of commercial mobile
503	503	service, as defined by Section 332(d), Communications Act of 1934
504	504	(47 U.S.C. Section 151 et seq.), as amended, Federal Communications
505	505	Commission rules, or the Omnibus Budget Reconciliation Act of 1993
506	506	(Pub. L. No. 103-66), as amended, except that the term does not
507	507	include a transmission made to a mobile telephone number as part of
508	508	an ad-based telephone service, in connection with which the
509	509	telephone service customer has agreed with the service provider to
510	510	receive the transmission.
511	511	(b) Section 1, Chapter 206 (H.B. 143), Acts of the 80th
512	512	Legislature, Regular Session, 2007, which amended former Section
513	513	44.002(9), Business & Commerce Code, is repealed.
514	514	SECTION 4.007. (a) Subchapter B, Chapter 304, Business &
515	515	Commerce Code, is amended to conform to Section 2, Chapter 206 (H.B.
516	516	143), Acts of the 80th Legislature, Regular Session, 2007, by
517	517	adding Section 304.063 to read as follows:
518	518	Sec. 304.063. ONLINE NOTICE. The commission shall include
519	519	on its Internet website a notice explaining the application of the
520	520	Texas no-call list to a call or other transmission, including a
521	521	transmission of a text or graphic message or of an image, to a
522	522	mobile telephone number.
523	523	(b) Section 2, Chapter 206 (H.B. 143), Acts of the 80th
524	524	Legislature, Regular Session, 2007, which added Subsection (c) to
525	525	former Section 44.103, Business & Commerce Code, is repealed.
526	526	SECTION 4.008. (a) Subtitle A, Title 10, Business &
527	527	Commerce Code, is amended to recodify Subchapter L, Chapter 35,
528	528	Business & Commerce Code, as added by Section 1, Chapter 822 (H.B.
529	529	73), Acts of the 80th Legislature, Regular Session, 2007, by adding
530	530	Chapter 306 to read as follows:
531	531	CHAPTER 306. PROTECTION OF CONSUMER TELEPHONE RECORDS
532	532	SUBCHAPTER A. GENERAL PROVISIONS
533	533	Sec. 306.001. DEFINITIONS. In this chapter:
534	534	(1) "Caller identification record" means a record
535	535	that:
536	536	(A) is delivered electronically to the recipient
537	537	of a telephone call simultaneously with the reception of the call;
538	538	and
539	539	(B) indicates the telephone number from which the
540	540	telephone call was made or other similar information regarding the
541	541	call.
542	542	(2) "Telephone company" means a provider of commercial
543	543	telephone services, or a provider that bills for those services,
544	544	regardless of the technology used to provide that service,
545	545	including landline, radio, wireless, microwave, satellite, Voice
546	546	over Internet Protocol (VoIP), or other cable, broadband, or
547	547	digital technology.
548	548	(3) "Telephone record" means a written, electronic, or
549	549	oral record, other than a caller identification record collected
550	550	and retained by or on behalf of a customer, created by a telephone
551	551	company about a customer, that includes:
552	552	(A) the telephone number:
553	553	(i) dialed by a customer; or
554	554	(ii) of an incoming call made to a customer;
555	555	(B) the time a call was made to or by a customer;
556	556	(C) the duration of a call made to or by a
557	557	customer; or
558	558	(D) the location from which a call was initiated
559	559	or at which a call was received by a customer.
560	560	Sec. 306.002. NONAPPLICABILITY TO LAW ENFORCEMENT
561	561	AGENCIES. This chapter does not prohibit any lawfully authorized
562	562	investigative, protective, or intelligence activity of a law
563	563	enforcement agency of the United States, a state, or a political
564	564	subdivision of a state or of an intelligence agency of the United
565	565	States.
566	566	Sec. 306.003. CONSTRUCTION OF CHAPTER. This chapter does
567	567	not apply to expand the obligations or duties of a telephone company
568	568	under federal or other state law to protect telephone records.
569	569	Sec. 306.004. CONSISTENCY WITH FEDERAL LAW. This chapter
570	570	may not be construed in a manner that is inconsistent with 18 U.S.C.
571	571	Section 1038, 47 U.S.C. Section 222, or any other applicable
572	572	federal law or rule.
573	573	[Sections 306.005-306.050 reserved for expansion]
574	574	SUBCHAPTER B. PROHIBITED CONDUCT OR ACTIVITY
575	575	Sec. 306.051. UNAUTHORIZED OR FRAUDULENT PROCUREMENT,
576	576	SALE, OR RECEIPT OF TELEPHONE RECORDS. (a) A person commits an
577	577	offense if the person:
578	578	(1) obtains, attempts to obtain, or conspires with
579	579	another to obtain a telephone record of a resident of this state
580	580	without the authorization of the resident to whom the record
581	581	pertains by:
582	582	(A) making a statement the person knows to be
583	583	false to an agent of a telephone company;
584	584	(B) making a statement the person knows to be
585	585	false to a telephone company;
586	586	(C) fraudulently accessing the record through
587	587	the telephone company's Internet website; or
588	588	(D) providing to a telephone company a document
589	589	that the person knows:
590	590	(i) is fraudulent;
591	591	(ii) has been lost or stolen;
592	592	(iii) has been obtained by fraud; or
593	593	(iv) contains a false, fictitious, or
594	594	fraudulent statement or representation;
595	595	(2) asks another person to obtain a telephone record
596	596	of a resident of this state knowing that the record will be obtained
597	597	in a manner prohibited by this section;
598	598	(3) sells, transfers, or attempts to sell or transfer
599	599	a telephone record of a resident of this state without
600	600	authorization of the resident to whom the record pertains; or
601	601	(4) offers to obtain or offers to sell a telephone
602	602	record that has been or will be obtained without authorization from
603	603	the resident to whom the record pertains.
604	604	(b) An offense under this section is a Class A misdemeanor,
605	605	except that a fine shall not exceed $20,000.
606	606	(c) In addition to the penalties provided by Subsection (b),
607	607	a person convicted of an offense under this section may be required
608	608	to forfeit personal property used or intended to be used in
609	609	violation of this section.
610	610	(d) In addition to the penalties provided by Subsections (b)
611	611	and (c), a person convicted of an offense under this section shall
612	612	be ordered to pay to a resident whose telephone record was obtained
613	613	in a manner prohibited by this section an amount equal to the sum
614	614	of:
615	615	(1) the greater of the resident's financial loss, if
616	616	proof of the loss is submitted to the satisfaction of the court, or
617	617	$1,000; and
618	618	(2) the amount of any financial gain received by the
619	619	person as the direct result of the offense.
620	620	(e) An offense under this section may be prosecuted in:
621	621	(1) the county in which the customer whose telephone
622	622	record is the subject of the prosecution resided at the time of the
623	623	offense; or
624	624	(2) any county in which any part of the offense took
625	625	place regardless of whether the defendant was ever present in the
626	626	county.
627	627	(f) If venue lies in more than one county under Subsection
628	628	(e), a defendant may be prosecuted in only one county for the same
629	629	conduct.
630	630	(g) If conduct constituting an offense under this section
631	631	also constitutes an offense under another section of this code or of
632	632	any other law, including the Penal Code, the actor may be prosecuted
633	633	under either section or under both sections.
634	634	(h) This section does not create a private right of action.
635	635	Sec. 306.052. EXCEPTIONS. Section 306.051 does not apply
636	636	to:
637	637	(1) a person who acted pursuant to a valid court order,
638	638	warrant, subpoena, or civil investigative demand;
639	639	(2) a telephone company that disclosed a telephone
640	640	record:
641	641	(A) the disclosure of which is otherwise
642	642	authorized by law;
643	643	(B) reasonably believing the disclosure was
644	644	necessary to:
645	645	(i) provide service to a customer;
646	646	(ii) protect an individual from fraudulent,
647	647	abusive, or unlawful use of a telephone record or telephone
648	648	service; or
649	649	(iii) protect the rights or property of the
650	650	company;
651	651	(C) to the National Center for Missing and
652	652	Exploited Children in connection with a report submitted under 42
653	653	U.S.C. Section 13032;
654	654	(D) for purposes of testing the company's
655	655	security procedures or systems for maintaining the confidentiality
656	656	of customer information;
657	657	(E) to a governmental entity, if the company
658	658	reasonably believed that an emergency involving danger of death or
659	659	serious physical injury to a person justified disclosure of the
660	660	information;
661	661	(F) in connection with the sale or transfer of
662	662	all or part of the company's business, the purchase or acquisition
663	663	of all or part of another company's business, or the migration of a
664	664	customer from one telephone company to another telephone company;
665	665	(G) necessarily incident to the rendition of the
666	666	service, to initiate, render, bill, and collect the customer's
667	667	charges, or to protect the customer of those services and other
668	668	carriers from fraudulent, abusive, or unlawful use of, or
669	669	subscription to, such services; or
670	670	(H) while acting reasonably and in good faith,
671	671	notwithstanding a later determination that the action was not
672	672	authorized; or
673	673	(3) a person or a telephone company that acted in
674	674	connection with the official duties of a 9-1-1 governmental entity
675	675	or a public agency solely for purposes of delivering or assisting in
676	676	the delivery of 9-1-1 emergency services and other emergency
677	677	services.
678	678	Sec. 306.053. DECEPTIVE TRADE PRACTICE; ENFORCEMENT. A
679	679	violation of this chapter is a false, misleading, or deceptive act
680	680	or practice under Section 17.46 and is subject to action only by the
681	681	consumer protection division of the attorney general's office as
682	682	provided by Section 17.46(a).
683	683	(b) Subchapter L, Chapter 35, Business & Commerce Code, as
684	684	added by Section 1, Chapter 822 (H.B. 73), Acts of the 80th
685	685	Legislature, Regular Session, 2007, is repealed.
686	686	SECTION 4.009. (a) Section 501.051, Business & Commerce
687	687	Code, is amended to conform to Section 1, Chapter 93 (H.B. 863),
688	688	Acts of the 80th Legislature, Regular Session, 2007, to read as
689	689	follows:
690	690	Sec. 501.051. INAPPLICABILITY OF SUBCHAPTER. This
691	691	subchapter does not apply to:
692	692	(1) a person who is required to maintain and
693	693	disseminate a privacy policy under:
694	694	(A) the Gramm-Leach-Bliley Act (15 U.S.C.
695	695	Sections 6801 to 6809);
696	696	(B) the Family Educational Rights and Privacy Act
697	697	of 1974 (20 U.S.C. Section 1232g); or
698	698	(C) the Health Insurance Portability and
699	699	Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.);
700	700	(2) a covered entity under rules adopted by the
701	701	commissioner of insurance relating to insurance consumer health
702	702	information privacy or insurance consumer financial information
703	703	privacy;
704	704	(3) a governmental body, as defined by Section
705	705	552.003, Government Code, other than a municipally owned utility;
706	706	[or]
707	707	(4) a person with respect to a loan transaction, if the
708	708	person is not engaged in the business of making loans; or
709	709	(5) a person subject to Section 901.457, Occupations
710	710	Code.
711	711	(b) Section 1, Chapter 93, Acts of the 80th Legislature,
712	712	Regular Session, 2007, which amended former Section 35.581(c),
713	713	Business & Commerce Code, as added by Chapter 198 (H.B. 1130), Acts
714	714	of the 79th Legislature, Regular Session, 2005, is repealed.
715	715	SECTION 4.010. (a) Subtitle A, Title 11, Business &
716	716	Commerce Code, is amended to recodify Section 35.64, Business &
717	717	Commerce Code, as added by Section 1, Chapter 916 (H.B. 3093), Acts
718	718	of the 80th Legislature, Regular Session, 2007, by adding Chapter
719	719	505 to read as follows:
720	720	CHAPTER 505. USE OF ZIP CODE TO VERIFY CUSTOMER'S IDENTITY
721	721	Sec. 505.001. DEFINITIONS. In this chapter:
722	722	(1) "Credit card" means a card or device issued under
723	723	an agreement by which the issuer gives to a cardholder the right to
724	724	obtain credit from the issuer or another person.
725	725	(2) "Credit card issuer" means a lender, including a
726	726	financial institution, or a merchant that receives applications and
727	727	issues credit cards to individuals.
728	728	Sec. 505.002. USE OF ZIP CODE TO VERIFY IDENTITY IN CREDIT
729	729	CARD TRANSACTION. (a) A business may require a customer who
730	730	purchases a good or service from the business using a credit card to
731	731	provide the customer's zip code to verify the customer's identity as
732	732	provided by Subsection (b).
733	733	(b) A business that obtains a customer's zip code under
734	734	Subsection (a) may electronically verify with the credit card
735	735	issuer that the zip code matches any zip code that the credit card
736	736	issuer has on file for the credit card.
737	737	Sec. 505.003. RETENTION OF ZIP CODE PROHIBITED. A business
738	738	that obtains a customer's zip code under Section 505.002 may not
739	739	retain the zip code in any form after the purchase of the good or
740	740	service has been completed.
741	741	(b) Section 35.64, Business & Commerce Code, as added by
742	742	Section 1, Chapter 916 (H.B. 3093), Acts of the 80th Legislature,
743	743	Regular Session, 2007, is repealed.
744	744	SECTION 4.011. (a) Sections 523.001 and 523.002, Business &
745	745	Commerce Code, are designated as Subchapter A, Chapter 523,
746	746	Business & Commerce Code, to conform to Section 1, Chapter 1044
747	747	(H.B. 2002), Acts of the 80th Legislature, Regular Session, 2007,
748	748	and a heading for Subchapter A is added to read as follows:
749	749	SUBCHAPTER A. EXTENSIONS OF CREDIT AND VERIFICATION
750	750	OF IDENTITY
751	751	(b) Section 523.003, Business & Commerce Code, is
752	752	designated as Subchapter B, Chapter 523, Business & Commerce Code,
753	753	and renumbered as Section 523.051, Business & Commerce Code, and a
754	754	heading for Subchapter B is added to read as follows:
755	755	SUBCHAPTER B. DUTIES OF FINANCIAL INSTITUTIONS AND
756	756	OF VERIFICATION ENTITIES
757	757	(c) Section 35.595, Business & Commerce Code, as added by
758	758	Section 1, Chapter 1044 (H.B. 2002), Acts of the 80th Legislature,
759	759	Regular Session, 2007, is transferred to Subchapter B, Chapter 523,
760	760	Business & Commerce Code, as designated by Subsection (b) of this
761	761	section, and is renumbered as Section 523.052, Business & Commerce
762	762	Code.
763	763	SECTION 4.012. (a) Title 12, Business & Commerce Code, is
764	764	amended to recodify Section 35.43, Business & Commerce Code, as
765	765	added by Section 1, Chapter 123 (S.B. 1389), Acts of the 80th
766	766	Legislature, Regular Session, 2007, by adding Chapter 605 to read
767	767	as follows:
768	768	CHAPTER 605. CONSUMER REBATE RESPONSE AND GRACE PERIOD FOR
769	769	CORRECTIONS
770	770	Sec. 605.001. DEFINITIONS. In this chapter:
771	771	(1) "Consumer" means a person who obtains a product or
772	772	service that is to be used primarily for personal, business,
773	773	family, or household purposes.
774	774	(2) "Consumer rebate" means an offer to a consumer of
775	775	cash, credit, or credit toward future purchases that is made in
776	776	connection with a sale of a good or service to the consumer, is in an
777	777	amount of $10 or more, and requires the consumer to mail or
778	778	electronically submit a rebate request after the sale is completed.
779	779	The term does not include:
780	780	(A) any promotion or incentive that is offered by
781	781	a manufacturer to another company or organization that is not the
782	782	consumer to help promote or place the product or service;
783	783	(B) a rebate that is redeemed at the time of
784	784	purchase;
785	785	(C) any discount, cash, credit, or credit toward
786	786	a future purchase that is automatically provided to a consumer
787	787	without the need to submit a request for redemption;
788	788	(D) a rebate that is applied to a bill that the
789	789	consumer becomes obligated to pay after the date the purchase is
790	790	made;
791	791	(E) any refund that may be given to a consumer in
792	792	accordance with a manufacturer or retailer's return, guarantee,
793	793	adjustment, or warranty policies; or
794	794	(F) any manufacturer or retailer's frequent
795	795	shopper customer reward program.
796	796	(3) "Properly completed" means that the consumer
797	797	submitted the required information and documentation in the manner
798	798	and by the deadline specified in the rebate offer and otherwise
799	799	satisfied the terms and conditions of the rebate offer.
800	800	Sec. 605.002. REBATE RESPONSE PERIOD; GRACE PERIOD FOR
801	801	CORRECTIONS. (a) Except as provided by Subsection (b), a person,
802	802	including a manufacturer or retailer, who offers a rebate shall
803	803	mail the amount of the rebate to the consumer or electronically pay
804	804	the consumer the amount of the rebate within the time period
805	805	promised in the rebate information provided to the consumer or, if
806	806	silent, not later than the 30th day after the date the person
807	807	receives a properly completed rebate request.
808	808	(b) If a consumer rebate offer is contingent on the consumer
809	809	continuing to purchase a service for a minimum length of time, the
810	810	time period in Subsection (a) begins on the later of:
811	811	(1) the date the consumer submits the rebate request;
812	812	or
813	813	(2) the expiration date of the service period.
814	814	(c) If the person offering the rebate receives a rebate
815	815	request that is timely submitted but not properly completed, the
816	816	person shall:
817	817	(1) process the rebate in the manner provided by
818	818	Subsection (a) as if the rebate request were properly completed; or
819	819	(2) notify the consumer, not later than the date
820	820	specified by Subsection (a), of the reasons that the rebate request
821	821	is not properly completed and the consumer's right to correct the
822	822	deficiency within 30 days after the date of the notification.
823	823	(d) The notification under Subsection (c)(2) must be by
824	824	mail, except that notification may be by e-mail if the consumer has
825	825	agreed to be notified by e-mail.
826	826	(e) If the consumer corrects the deficiency stated in the
827	827	notification under Subsection (c)(2) before the 31st day after the
828	828	postmark date of the person's mailed notification to the consumer
829	829	or the date the e-mail is received, if applicable, the person shall
830	830	process the rebate in the manner provided by Subsection (a) for a
831	831	properly completed request.
832	832	(f) This section does not impose any obligation on a person
833	833	to pay a rebate to any consumer who is not eligible under the terms
834	834	and conditions of the rebate offer or has not satisfied all of the
835	835	terms and conditions of the rebate offer, if the person offering the
836	836	rebate has complied with Subsections (c) and (d).
837	837	(g) A person offering a rebate has the right to reject a
838	838	rebate request from a consumer who the person determines:
839	839	(1) is attempting to commit fraud;
840	840	(2) has already received the offered rebate; or
841	841	(3) is submitting proof of purchase that is not
842	842	legitimate.
843	843	(h) A person making a determination under Subsection (g)
844	844	shall notify the consumer within the time period provided by
845	845	Subsection (c) that the person is considering rejecting, or has
846	846	rejected, the rebate request and shall instruct the consumer of any
847	847	actions that the consumer may take to cure the deficiency.
848	848	(i) If the person offering a rebate erroneously rejects a
849	849	properly completed rebate request, the person shall pay the
850	850	consumer as soon as practicable, but not later than 30 days, after
851	851	the date the person learns of the error.
852	852	Sec. 605.003. USE OF INDEPENDENT ENTITY TO PROCESS REBATE.
853	853	For the purposes of this chapter, if a person who offers a rebate
854	854	uses an independent entity to process the rebate, an act of the
855	855	entity is considered to be an act of the person and receipt of a
856	856	rebate request by the entity is considered receipt of the request by
857	857	the person.
858	858	Sec. 605.004. DECEPTIVE TRADE PRACTICE. (a) A violation of
859	859	this chapter is a deceptive trade practice in addition to the
860	860	practices described by Subchapter E, Chapter 17, and is actionable
861	861	by a consumer under that subchapter. Claims related to more than
862	862	one consumer may not be joined in a single action brought for an
863	863	alleged violation of this chapter, unless all parties agree.
864	864	(b) A violation of this chapter is subject to an action by
865	865	the office of the attorney general as provided by Section 17.46(a).
866	866	Sec. 605.005. CERTIFICATION AS CLASS ACTION PROHIBITED. A
867	867	court may not certify an action brought under this chapter as a
868	868	class action.
869	869	(b) Section 35.43, Business & Commerce Code, as added by
870	870	Section 1, Chapter 123 (S.B. 1389), Acts of the 80th Legislature,
871	871	Regular Session, 2007, is repealed.
872	872	SECTION 4.013. Section 681.154, Business & Commerce Code,
873	873	is amended to conform to the addition of Section 4e, Chapter 55
874	874	(S.B. 110), Acts of the 40th Legislature, 1st Called Session, 1927,
875	875	by Chapter 2 (H.B. 542), Acts of the 80th Legislature, Regular
876	876	Session, 2007, to read as follows:
877	877	Sec. 681.154. PORT FREEPORT [BRAZOS RIVER HARBOR NAVIGATION
878	878	DISTRICT] OR DESIGNEE. Port Freeport [The Brazos River Harbor
879	879	Navigation District of Brazoria County], or a corporation organized
880	880	under the laws of this state and designated by Port Freeport [the
881	881	Brazos River Harbor Navigation District of Brazoria County], may
882	882	apply for and accept a grant of authority to establish, operate, and
883	883	maintain:
884	884	(1) a foreign trade zone adjacent to a port of entry in
885	885	Port Freeport [the Brazos River Harbor Navigation District of
886	886	Brazoria County]; and
887	887	(2) other subzones.
888	888	SECTION 4.014. (a) The Business & Commerce Code is amended
889	889	to recodify Section 35.64, Business & Commerce Code, as added by
890	890	Section 1, Chapter 182 (S.B. 277), Acts of the 80th Legislature,
891	891	Regular Session, 2007, and Subchapter L, Chapter 35, Business &
892	892	Commerce Code, as added by Section 1, Chapter 130 (H.B. 85), Acts of
893	893	the 80th Legislature, Regular Session, 2007, by adding Title 16 to
894	894	read as follows:
895	895	TITLE 16. ADVERTISING AND MARKETING
896	896	SUBTITLE A. ADVERTISEMENTS
897	897	CHAPTER 721. USE OF NAMES OR PICTURES IN ADVERTISEMENTS
898	898	Sec. 721.001. DEFINITIONS. In this chapter:
899	899	(1) "Heir" means a surviving grandparent, parent,
900	900	sibling, child, or grandchild of a deceased individual.
901	901	(2) "Personal representative" means an executor,
902	902	independent executor, administrator, independent administrator, or
903	903	temporary administrator, together with their successors.
904	904	Sec. 721.002. CERTAIN USES OF NAME OR PICTURE OF MEMBER OF
905	905	ARMED FORCES PROHIBITED. (a) A person commits an offense if the
906	906	person uses, in an advertisement for a commercial purpose, the name
907	907	of an individual who is an active duty or former member of the
908	908	United States armed forces, who is a member or former member of a
909	909	reserve component of the United States armed forces, or who is a
910	910	member or former member of the state military forces, as defined by
911	911	Section 431.001, Government Code, or a picture of the individual in
912	912	uniform in which the individual is clearly identifiable, without
913	913	obtaining the consent of:
914	914	(1) the individual, if the individual is living; or
915	915	(2) the individual's surviving spouse or personal
916	916	representative or a majority of the individual's adult heirs, if
917	917	the individual is deceased.
918	918	(b) An offense under this section is a Class A misdemeanor.
919	919	Sec. 721.003. INAPPLICABILITY OF CHAPTER TO MEDIA REPORT.
920	920	This chapter does not apply to a member of the print or broadcast
921	921	media who uses a name or picture of an individual in a report of news
922	922	to the public or an advertisement for that report.
923	923	[Chapters 722-760 reserved for expansion]
924	924	SUBTITLE B. MARKETING PRACTICES
925	925	CHAPTER 761. CREDIT CARD MARKETING AT POSTSECONDARY EDUCATIONAL
926	926	INSTITUTIONS
927	927	SUBCHAPTER A. GENERAL PROVISIONS
928	928	Sec. 761.001. DEFINITIONS. In this chapter:
929	929	(1) "Campus credit card marketing activity":
930	930	(A) means any activity:
931	931	(i) conducted by an agent or employee of a
932	932	credit card issuer on the campus of a postsecondary educational
933	933	institution; and
934	934	(ii) designed to encourage and enable
935	935	students to apply for a credit card; and
936	936	(B) includes the act of placing on the campus a
937	937	display or poster together with a form that can be returned to the
938	938	credit card issuer as a credit card application, even if an employee
939	939	or agent of the credit card issuer is not present at the display.
940	940	(2) "Credit card" means a card or device issued under
941	941	an agreement by which the issuer gives to a cardholder the right to
942	942	obtain credit from the issuer or another person.
943	943	(3) "Credit card issuer" means a lender, including a
944	944	financial institution, or a merchant that receives applications and
945	945	issues credit cards to individuals.
946	946	(4) "Governing board" means the body charged with
947	947	policy direction of any postsecondary educational institution,
948	948	including a board of directors, a board of regents, a board of
949	949	trustees, and an independent school district board that is charged
950	950	with policy direction of a public junior college.
951	951	(5) "Postsecondary educational institution" means:
952	952	(A) an institution of higher education as defined
953	953	by Section 61.003, Education Code;
954	954	(B) a private or independent institution of
955	955	higher education as defined by Section 61.003, Education Code; or
956	956	(C) a private postsecondary educational
957	957	institution as defined by Section 61.302, Education Code.
958	958	[Sections 761.002-761.050 reserved for expansion]
959	959	SUBCHAPTER B. PROHIBITED CONDUCT
960	960	Sec. 761.051. CAMPUS CREDIT CARD MARKETING ACTIVITY OUTSIDE
961	961	DESIGNATED LOCATION OR TIME PROHIBITED. (a) A credit card issuer
962	962	may not engage in campus credit card marketing activities:
963	963	(1) outside of a campus location designated by the
964	964	governing board of the postsecondary educational institution for
965	965	that purpose in accordance with Subsection (b); or
966	966	(2) at a time other than a time designated by the
967	967	governing board in accordance with Subsection (b).
968	968	(b) The governing board of a postsecondary educational
969	969	institution may designate:
970	970	(1) one or more locations on campus where a credit card
971	971	issuer may engage in campus credit card marketing activities; and
972	972	(2) one or more times during which a credit card issuer
973	973	may engage in campus credit card marketing activities.
974	974	Sec. 761.052. RESTRICTION ON GIFTS OR INCENTIVES FOR
975	975	COMPLETING CREDIT CARD APPLICATION. A credit card issuer may not
976	976	offer a gift or other incentive in exchange for the completion of a
977	977	credit card application as part of a campus credit card marketing
978	978	activity unless the credit card issuer, at the time the credit card
979	979	issuer provides a credit card application to an individual,
980	980	provides financial educational material developed under Section
981	981	761.101 to the individual.
982	982	[Sections 761.053-761.100 reserved for expansion]
983	983	SUBCHAPTER C. EDUCATIONAL MATERIAL AND SESSIONS
984	984	Sec. 761.101. CREDIT CARD ISSUER TO DEVELOP FINANCIAL
985	985	EDUCATIONAL MATERIAL. A credit card issuer who conducts campus
986	986	credit card marketing activities shall develop financial
987	987	educational material in consultation with or subject to approval by
988	988	the postsecondary educational institution. The financial
989	989	educational material must include a clear and practical explanation
990	990	of:
991	991	(1) effective money management skills, including how
992	992	to develop and maintain a budget;
993	993	(2) key financial terms and phrases related to credit
994	994	cards and personal debt management;
995	995	(3) credit educational materials and programs offered
996	996	by the credit card issuer that are available to student cardholders
997	997	after they have opened an account;
998	998	(4) resources to assist students in understanding
999	999	credit reports and credit scores and the consequences of
1000	1000	irresponsible credit card use; and
1001	1001	(5) the importance of responsible credit practices,
1002	1002	including timely paying the minimum amount due each month and
1003	1003	reducing costs by paying as much of the balance as possible.
1004	1004	Sec. 761.102. CREDIT CARD ISSUER TO PROVIDE FINANCIAL
1005	1005	EDUCATIONAL MATERIAL. A credit card issuer that conducts campus
1006	1006	credit card marketing activities shall:
1007	1007	(1) during the time that the credit card issuer
1008	1008	conducts the credit card marketing activity on the campus, make
1009	1009	available to students, on the campus, financial educational
1010	1010	material developed under Section 761.101;
1011	1011	(2) make financial educational material similar to
1012	1012	material developed under Section 761.101 available on the Internet;
1013	1013	and
1014	1014	(3) provide to a student to whom a credit card is
1015	1015	issued, at the time the credit card is provided to the student,
1016	1016	financial educational material developed under Section 761.101.
1017	1017	Sec. 761.103. CREDIT CARD AND DEBT EDUCATION AT NEW STUDENT
1018	1018	ORIENTATION. The governing board of a postsecondary educational
1019	1019	institution that has designated a location for campus credit card
1020	1020	marketing activities under Section 761.051(b) shall also adopt a
1021	1021	policy requiring a credit card and debt education and counseling
1022	1022	session to be included in any orientation program for new students.
1023	1023	The postsecondary educational institution may use existing
1024	1024	educational materials prepared by nonprofit entities for purposes
1025	1025	of the credit card and debt education and counseling session.
1026	1026	[Sections 761.104-761.150 reserved for expansion]
1027	1027	SUBCHAPTER D. ENFORCEMENT PROVISIONS
1028	1028	Sec. 761.151. CIVIL PENALTY. A person who intentionally
1029	1029	violates this chapter is liable to the state for a civil penalty in
1030	1030	an amount not to exceed $2,500 for each violation. The attorney
1031	1031	general or the prosecuting attorney in the county in which the
1032	1032	violation occurs may bring suit to recover the civil penalty
1033	1033	imposed under this section.
1034	1034	(b) Section 35.64, Business & Commerce Code, as added by
1035	1035	Section 1, Chapter 182 (S.B. 277), Acts of the 80th Legislature,
1036	1036	Regular Session, 2007, is repealed.
1037	1037	(c) Subchapter L, Chapter 35, Business & Commerce Code, as
1038	1038	added by Section 1, Chapter 130 (H.B. 85), Acts of the 80th
1039	1039	Legislature, Regular Session, 2007, is repealed.
1040	1040	ARTICLE 5. CHANGES RELATING TO CIVIL PRACTICE AND REMEDIES CODE
1041	1041	SECTION 5.001. Section 15.0181(b), Civil Practice and
1042	1042	Remedies Code, is amended to correct a cross-reference to read as
1043	1043	follows:
1044	1044	(b) This section applies only to suits brought under the
1045	1045	Jones Act (46 U.S.C. Section 30104 [688]).
1046	1046	SECTION 5.002. Section 64.091, Civil Practice and Remedies
1047	1047	Code, is reenacted and amended to read as follows:
1048	1048	Sec. 64.091. RECEIVER FOR MINERAL INTERESTS OWNED BY
1049	1049	NONRESIDENT OR ABSENTEE. (a) The purpose of this section is to
1050	1050	encourage the exploration and development of mineral resources.
1051	1051	(b) In the following actions, a district court may appoint a
1052	1052	receiver for the mineral interest or leasehold interest under a
1053	1053	mineral lease owned by a nonresident or absent defendant:
1054	1054	(1) an action that is brought by a person claiming or
1055	1055	owning an undivided mineral interest in land in this state or an
1056	1056	undivided leasehold interest under a mineral lease of land in this
1057	1057	state and that has one or more defendants who have, claim, or own an
1058	1058	undivided mineral interest in the same property; or
1059	1059	(2) an action that is brought by a person claiming or
1060	1060	owning an undivided leasehold interest under a mineral lease of
1061	1061	land in this state and that has one or more defendants who have,
1062	1062	claim, or own an undivided leasehold interest under a mineral lease
1063	1063	of the same property.
1064	1064	(b-1) [(b)] The defendant for whom the receiver is sought
1065	1065	must:
1066	1066	(1) be a person whose residence or identity is unknown
1067	1067	or a nonresident; and
1068	1068	(2) have not paid taxes on the interest or rendered it
1069	1069	for taxes during the five-year period immediately preceding the
1070	1070	filing of the action.
1071	1071	(c) The plaintiff in the action must allege by verified
1072	1072	petition and prove that he:
1073	1073	(1) has made a diligent but unsuccessful effort to
1074	1074	locate the defendant; and
1075	1075	(2) will suffer substantial damage or injury unless
1076	1076	the receiver is appointed.
1077	1077	(d) In an action under Subsection (b)(1):
1078	1078	(1) the plaintiff, in the verified petition, must name
1079	1079	the last known owner or the last record owner of the interest as
1080	1080	defendant;
1081	1081	(2) the plaintiff must serve notice on the defendant
1082	1082	by publication as provided by the Texas Rules of Civil Procedure;
1083	1083	(3) the court may appoint as receiver the county judge
1084	1084	and his successors, the county clerk and his successors, or any
1085	1085	other resident of the county in which the land is located;
1086	1086	(4) notwithstanding the Texas Rules of Civil
1087	1087	Procedure, the applicant is not required to post bond; and
1088	1088	(5) the receiver is not required to post bond.
1089	1089	(e) A receivership created under this subchapter continues
1090	1090	as long as the defendant or his heirs, assigns, or personal
1091	1091	representatives fail to appear in court in person or by agent or
1092	1092	attorney to claim the defendant's interest.
1093	1093	(f) As ordered by the court, the receiver shall immediately:
1094	1094	(1) execute and deliver to a lessee or successive
1095	1095	lessees mineral leases on the outstanding undivided mineral
1096	1096	interests;
1097	1097	(2) execute and deliver to a lessee or successive
1098	1098	lessees an assignment of the outstanding undivided leasehold
1099	1099	interest; and
1100	1100	(3) enter into a unitization agreement authorized by
1101	1101	the Railroad Commission of Texas.
1102	1102	(g) A lease executed by a receiver under this section may
1103	1103	authorize the lessee to pool and unitize land subject to the lease
1104	1104	with adjacent land into a unit not to exceed 160 acres for an oil
1105	1105	well or 640 acres for a gas well plus 10 percent tolerance or into a
1106	1106	unit that substantially conforms to a larger unit prescribed or
1107	1107	permitted by governmental rule.
1108	1108	(h) Money consideration paid for the execution of a lease,
1109	1109	assignment, or unitization agreement by the receiver must be paid
1110	1110	to the clerk of the court in which the case is pending before the
1111	1111	receiver executes the instrument. The court shall apply the money
1112	1112	to the costs accruing in the case and retain any balance for the use
1113	1113	and benefit of the nonresident or person of unknown residence who
1114	1114	owns the mineral or leasehold interest. Payments made at a later
1115	1115	time under the lease, assignment, or unitization agreement shall be
1116	1116	paid into the registry of the court and impounded for the use and
1117	1117	benefit of the owner of the mineral or leasehold interest.
1118	1118	(i) This section is cumulative of other laws relating to
1119	1119	removal of a cloud from title or appointment of a receiver.
1120	1120	(j) In this section:
1121	1121	(1) "Mineral lease" includes any lease of oil, gas, or
1122	1122	other minerals that contains provisions necessary or incident to
1123	1123	the orderly exploration, development, and recovery of oil, gas, or
1124	1124	other minerals.
1125	1125	(2) "Leasehold interest" includes ownership created
1126	1126	under a mineral lease or carved out of a leasehold estate granted
1127	1127	under a mineral lease, including production payments, overriding
1128	1128	royalty interests, and working interests.
1129	1129	(3) "Lessee" includes an assignee under an assignment
1130	1130	of a mineral lease.
1131	1131	(k) To the extent that Subsection (d)(2) conflicts with the
1132	1132	Texas Rules of Civil Procedure, Subsection (d)(2) controls.
1133	1133	Notwithstanding Section 22.004, Government Code, the supreme court
1134	1134	may not amend or adopt rules in conflict with Subsection (d)(2).
1135	1135	SECTION 5.003. Section 103.051(a), Civil Practice and
1136	1136	Remedies Code, as amended by Chapters 1190 (H.B. 814) and 1388 (S.B.
1137	1137	1719), Acts of the 80th Legislature, Regular Session, 2007, is
1138	1138	reenacted and amended to read as follows:
1139	1139	(a) To apply for compensation under this subchapter, the
1140	1140	claimant must file with the comptroller's judiciary section:
1141	1141	(1) an application for compensation provided for that
1142	1142	purpose by the comptroller;
1143	1143	(2) a verified copy of the pardon or court order
1144	1144	justifying the application for compensation; [and]
1145	1145	(3) a statement provided by the Texas Department of
1146	1146	Criminal Justice verifying the length of incarceration; and
1147	1147	(4) [(5)] if the claimant is applying for compensation
1148	1148	under Section 103.052(a)(2), a certified copy of each child support
1149	1149	order under which child support payments became due during the time
1150	1150	the claimant served in prison and copies of the official child
1151	1151	support payment records described by Section 234.009, Family Code,
1152	1152	for that period.
1153	1153	SECTION 5.004. Section 125.0015(a), Civil Practice and
1154	1154	Remedies Code, as amended by Chapters 593 (H.B. 8) and 1399 (H.B.
1155	1155	2644), Acts of the 80th Legislature, Regular Session, 2007, is
1156	1156	reenacted and amended to read as follows:
1157	1157	(a) A person who maintains a place to which persons
1158	1158	habitually go for the following purposes and who knowingly
1159	1159	tolerates the activity and furthermore fails to make reasonable
1160	1160	attempts to abate the activity maintains a common nuisance:
1161	1161	(1) discharge of a firearm in a public place as
1162	1162	prohibited by the Penal Code;
1163	1163	(2) reckless discharge of a firearm as prohibited by
1164	1164	the Penal Code;
1165	1165	(3) engaging in organized criminal activity as a
1166	1166	member of a combination as prohibited by the Penal Code;
1167	1167	(4) delivery, possession, manufacture, or use of a
1168	1168	controlled substance in violation of Chapter 481, Health and Safety
1169	1169	Code;
1170	1170	(5) gambling, gambling promotion, or communicating
1171	1171	gambling information as prohibited by the Penal Code;
1172	1172	(6) prostitution, promotion of prostitution, or
1173	1173	aggravated promotion of prostitution as prohibited by the Penal
1174	1174	Code;
1175	1175	(7) compelling prostitution as prohibited by the Penal
1176	1176	Code;
1177	1177	(8) commercial manufacture, commercial distribution,
1178	1178	or commercial exhibition of obscene material as prohibited by the
1179	1179	Penal Code;
1180	1180	(9) aggravated assault as described by Section 22.02,
1181	1181	Penal Code;
1182	1182	(10) sexual assault as described by Section 22.011,
1183	1183	Penal Code;
1184	1184	(11) aggravated sexual assault as described by Section
1185	1185	22.021, Penal Code;
1186	1186	(12) robbery as described by Section 29.02, Penal
1187	1187	Code;
1188	1188	(13) aggravated robbery as described by Section 29.03,
1189	1189	Penal Code;
1190	1190	(14) unlawfully carrying a weapon as described by
1191	1191	Section 46.02, Penal Code;
1192	1192	(15) murder as described by Section 19.02, Penal Code;
1193	1193	(16) capital murder as described by Section 19.03,
1194	1194	Penal Code; [or]
1195	1195	(17) continuous sexual abuse of young child or
1196	1196	children as described by Section 21.02, Penal Code; or
1197	1197	(18) [(17)] massage therapy or other massage services
1198	1198	in violation of Chapter 455, Occupations Code.
1199	1199	SECTION 5.005. Section 155.001, Civil Practice and Remedies
1200	1200	Code, is amended to add a heading to read as follows:
1201	1201	Sec. 155.001. SETTLEMENT WEEKS REQUIRED. In every county
1202	1202	with a population of 150,000 or greater there shall be a settlement
1203	1203	week during law week and judicial conference week each year or
1204	1204	during any other two weeks as the administrative judge of each
1205	1205	judicial district may designate. During these weeks the district
1206	1206	courts, constitutional and statutory county courts, and the family
1207	1207	law courts will facilitate the voluntary settlement of civil and
1208	1208	family law cases.
1209	1209	SECTION 5.006. Section 155.002, Civil Practice and Remedies
1210	1210	Code, is amended to add a heading to read as follows:
1211	1211	Sec. 155.002. SETTLEMENT WEEK COMMITTEE. The
1212	1212	administrative judge of each judicial district shall appoint a
1213	1213	committee of attorneys and lay persons to effectuate each
1214	1214	settlement week. The committee may include the director of any
1215	1215	established mediation or alternative dispute resolution center in
1216	1216	the county and the chairperson of the local bar association's
1217	1217	committee on alternative dispute resolution.
1218	1218	SECTION 5.007. Section 155.003, Civil Practice and Remedies
1219	1219	Code, is amended to add a heading and correct a reference to read as
1220	1220	follows:
1221	1221	Sec. 155.003. ATTORNEY TO SERVE AS MEDIATOR. Any attorney
1222	1222	currently licensed in the state may serve as mediator during the
1223	1223	settlement weeks under such terms and conditions and with such
1224	1224	training as may be determined by the administrative judge of the
1225	1225	judicial district. Any such attorney so appointed by the court must
1226	1226	meet the qualifications and will be governed by the rules of conduct
1227	1227	set forth in Sections 154.052 and 154.053 [of this code]. Any
1228	1228	attorney so requested by the administrative judge of the judicial
1229	1229	district shall serve as a mediator during the settlement weeks.
1230	1230	SECTION 5.008. Section 155.004, Civil Practice and Remedies
1231	1231	Code, is amended to add a heading and correct a reference to read as
1232	1232	follows:
1233	1233	Sec. 155.004. APPLICATION OF CERTAIN ALTERNATE DISPUTE
1234	1234	RESOLUTION PROCEDURES. The provisions of Sections 154.021 through
1235	1235	154.023, 154.053, 154.054, and 154.071 through 154.073 [of this
1236	1236	code] shall apply to parties and mediators participating in
1237	1237	settlement weeks held under this chapter.
1238	1238	SECTION 5.009. Section 155.005, Civil Practice and Remedies
1239	1239	Code, is amended to add a heading to read as follows:
1240	1240	Sec. 155.005. AUTHORITY OF COURT. Each court participating
1241	1241	in settlement weeks under this chapter shall have the authority to
1242	1242	make orders needed, consistent with existing law, to implement
1243	1243	settlement weeks and ensure any party's good faith participation.
1244	1244	SECTION 5.010. Section 155.006, Civil Practice and Remedies
1245	1245	Code, is amended to add a heading to read as follows:
1246	1246	Sec. 155.006. FUNDING; COOPERATION WITH OTHER
1247	1247	ORGANIZATIONS. The administrative judge may use any available
1248	1248	funding from funds regularly used for court administration to carry
1249	1249	out the purpose and intent of this chapter. The administrative
1250	1250	judge shall cooperate with the director of any established
1251	1251	mediation or alternative dispute resolution center, the local bar,
1252	1252	and other organizations to encourage participation and to develop
1253	1253	public awareness of settlement weeks.
1254	1254	ARTICLE 6. CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE
1255	1255	SECTION 6.001. Article 12.01, Code of Criminal Procedure,
1256	1256	as amended by Chapters 285 (H.B. 716), 593 (H.B. 8), 640 (H.B. 887),
1257	1257	and 841 (H.B. 959), Acts of the 80th Legislature, Regular Session,
1258	1258	2007, is reenacted and amended to read as follows:
1259	1259	Art. 12.01. FELONIES. Except as provided in Article 12.03,
1260	1260	felony indictments may be presented within these limits, and not
1261	1261	afterward:
1262	1262	(1) no limitation:
1263	1263	(A) murder and manslaughter;
1264	1264	(B) sexual assault under Section 22.011(a)(2),
1265	1265	Penal Code, or aggravated sexual assault under Section
1266	1266	22.021(a)(1)(B), Penal Code;
1267	1267	(C) sexual assault, if during the investigation
1268	1268	of the offense biological matter is collected and subjected to
1269	1269	forensic DNA testing and the testing results show that the matter
1270	1270	does not match the victim or any other person whose identity is
1271	1271	readily ascertained;
1272	1272	(D) continuous sexual abuse of young child or
1273	1273	children under Section 21.02, Penal Code;
1274	1274	(E) indecency with a child under Section 21.11,
1275	1275	Penal Code; or
1276	1276	(F) an offense involving leaving the scene of an
1277	1277	accident under Section 550.021, Transportation Code, if the
1278	1278	accident resulted in the death of a person;
1279	1279	(2) ten years from the date of the commission of the
1280	1280	offense:
1281	1281	(A) theft of any estate, real, personal or mixed,
1282	1282	by an executor, administrator, guardian or trustee, with intent to
1283	1283	defraud any creditor, heir, legatee, ward, distributee,
1284	1284	beneficiary or settlor of a trust interested in such estate;
1285	1285	(B) theft by a public servant of government
1286	1286	property over which he exercises control in his official capacity;
1287	1287	(C) forgery or the uttering, using or passing of
1288	1288	forged instruments;
1289	1289	(D) injury to an elderly or disabled individual
1290	1290	punishable as a felony of the first degree under Section 22.04,
1291	1291	Penal Code;
1292	1292	(E) sexual assault, except as provided by
1293	1293	Subdivision (1) [or (5)]; or
1294	1294	(F) arson;
1295	1295	(3) seven years from the date of the commission of the
1296	1296	offense:
1297	1297	(A) misapplication of fiduciary property or
1298	1298	property of a financial institution;
1299	1299	(B) securing execution of document by deception;
1300	1300	(C) a violation under Sections 162.403(22)-(39),
1301	1301	Tax Code;
1302	1302	(D) false statement to obtain property or credit
1303	1303	under Section 32.32, Penal Code;
1304	1304	(E) money laundering;
1305	1305	(F) [(D)] credit card or debit card abuse under
1306	1306	Section 32.31, Penal Code; or
1307	1307	(G) [(F)] fraudulent use or possession of
1308	1308	identifying information under Section 32.51, Penal Code;
1309	1309	(4) five years from the date of the commission of the
1310	1310	offense:
1311	1311	(A) theft or robbery;
1312	1312	(B) except as provided by Subdivision (5),
1313	1313	kidnapping or burglary;
1314	1314	(C) injury to an elderly or disabled individual
1315	1315	that is not punishable as a felony of the first degree under Section
1316	1316	22.04, Penal Code;
1317	1317	(D) abandoning or endangering a child; or
1318	1318	(E) insurance fraud;
1319	1319	(5) if the investigation of the offense shows that the
1320	1320	victim is younger than 17 years of age at the time the offense is
1321	1321	committed, 20 years from the 18th birthday of the victim of one of
1322	1322	the following offenses:
1323	1323	(A) sexual performance by a child under Section
1324	1324	43.25, Penal Code;
1325	1325	(B) aggravated kidnapping under Section
1326	1326	20.04(a)(4), Penal Code, if the defendant committed the offense
1327	1327	with the intent to violate or abuse the victim sexually; or
1328	1328	(C) burglary under Section 30.02, Penal Code, if
1329	1329	the offense is punishable under Subsection (d) of that section and
1330	1330	the defendant committed the offense with the intent to commit an
1331	1331	offense described by Subdivision (1)(B) or (D) of this article or
1332	1332	Paragraph (B) of this subdivision; [or]
1333	1333	(6) [(5)] ten years from the 18th birthday of the
1334	1334	victim of the offense:
1335	1335	[(A) indecency with a child under Section
1336	1336	21.11(a)(1) or (2), Penal Code;
1337	1337	[(B) except as provided by Subdivision (1),
1338	1338	sexual assault under Section 22.011(a)(2), Penal Code, or
1339	1339	aggravated sexual assault under Section 22.021(a)(1)(B), Penal
1340	1340	Code; or
1341	1341	[(C)] injury to a child under Section 22.04,
1342	1342	Penal Code; or
1343	1343	(7) [(6)] three years from the date of the commission
1344	1344	of the offense: all other felonies.
1345	1345	SECTION 6.002. Article 15.27(c), Code of Criminal
1346	1346	Procedure, as amended by Chapters 492 (S.B. 230) and 1240 (H.B.
1347	1347	2427), Acts of the 80th Legislature, Regular Session, 2007, is
1348	1348	reenacted to read as follows:
1349	1349	(c) A parole, probation, or community supervision office,
1350	1350	including a community supervision and corrections department, a
1351	1351	juvenile probation department, the paroles division of the Texas
1352	1352	Department of Criminal Justice, and the Texas Youth Commission,
1353	1353	having jurisdiction over a student described by Subsection (a),
1354	1354	(b), or (e) who transfers from a school or is subsequently removed
1355	1355	from a school and later returned to a school or school district
1356	1356	other than the one the student was enrolled in when the arrest,
1357	1357	referral to a juvenile court, conviction, or adjudication occurred
1358	1358	shall within 24 hours of learning of the student's transfer or
1359	1359	reenrollment notify the superintendent or a person designated by
1360	1360	the superintendent of the school district to which the student
1361	1361	transfers or is returned or, in the case of a private school, the
1362	1362	principal or a school employee designated by the principal of the
1363	1363	school to which the student transfers or is returned of the arrest
1364	1364	or referral in a manner similar to that provided for by Subsection
1365	1365	(a) or (e)(1), or of the conviction or delinquent adjudication in a
1366	1366	manner similar to that provided for by Subsection (b) or (e)(2).
1367	1367	The superintendent of the school district to which the student
1368	1368	transfers or is returned or, in the case of a private school, the
1369	1369	principal of the school to which the student transfers or is
1370	1370	returned shall, within 24 hours of receiving notification under
1371	1371	this subsection, notify all instructional and support personnel who
1372	1372	have regular contact with the student.
1373	1373	SECTION 6.003. Section 3g(a), Article 42.12, Code of
1374	1374	Criminal Procedure, as amended by Chapters 405 (S.B. 877) and 593
1375	1375	(H.B. 8), Acts of the 80th Legislature, Regular Session, 2007, is
1376	1376	reenacted and amended to read as follows:
1377	1377	(a) The provisions of Section 3 of this article do not
1378	1378	apply:
1379	1379	(1) to a defendant adjudged guilty of an offense
1380	1380	under:
1381	1381	(A) Section 19.02, Penal Code (Murder);
1382	1382	(B) Section 19.03, Penal Code (Capital murder);
1383	1383	(C) Section 21.11(a)(1), Penal Code (Indecency
1384	1384	with a child);
1385	1385	(D) Section 20.04, Penal Code (Aggravated
1386	1386	kidnapping);
1387	1387	(E) Section 22.021, Penal Code (Aggravated
1388	1388	sexual assault);
1389	1389	(F) Section 29.03, Penal Code (Aggravated
1390	1390	robbery);
1391	1391	(G) Chapter 481, Health and Safety Code, for
1392	1392	which punishment is increased under:
1393	1393	(i) Section 481.140, Health and Safety
1394	1394	Code; or
1395	1395	(ii) Section 481.134(c), (d), (e), or (f),
1396	1396	Health and Safety Code, if it is shown that the defendant has been
1397	1397	previously convicted of an offense for which punishment was
1398	1398	increased under any of those subsections;
1399	1399	(H) Section 22.011, Penal Code (Sexual assault);
1400	1400	[or]
1401	1401	(I) Section 22.04(a)(1), Penal Code (Injury to a
1402	1402	child, elderly individual, or disabled individual), if the offense
1403	1403	is punishable as a felony of the first degree and the victim of the
1404	1404	offense is a child; or
1405	1405	(J) [(I)] Section 43.25, Penal Code (Sexual
1406	1406	performance by a child); or
1407	1407	(2) to a defendant when it is shown that a deadly
1408	1408	weapon as defined in Section 1.07, Penal Code, was used or exhibited
1409	1409	during the commission of a felony offense or during immediate
1410	1410	flight therefrom, and that the defendant used or exhibited the
1411	1411	deadly weapon or was a party to the offense and knew that a deadly
1412	1412	weapon would be used or exhibited. On an affirmative finding under
1413	1413	this subdivision, the trial court shall enter the finding in the
1414	1414	judgment of the court. On an affirmative finding that the deadly
1415	1415	weapon was a firearm, the court shall enter that finding in its
1416	1416	judgment.
1417	1417	SECTION 6.004. Section 4(d), Article 42.12, Code of
1418	1418	Criminal Procedure, as amended by Chapters 593 (H.B. 8) and 1205
1419	1419	(H.B. 1678), Acts of the 80th Legislature, Regular Session, 2007,
1420	1420	is reenacted and amended to read as follows:
1421	1421	(d) A defendant is not eligible for community supervision
1422	1422	under this section if the defendant:
1423	1423	(1) is sentenced to a term of imprisonment that
1424	1424	exceeds 10 years;
1425	1425	(2) is convicted of a state jail felony for which
1426	1426	suspension of the imposition of the sentence occurs automatically
1427	1427	under Section 15(a);
1428	1428	(3) does not file a sworn motion under Subsection (e)
1429	1429	of this section or for whom the jury does not enter in the verdict a
1430	1430	finding that the information contained in the motion is true;
1431	1431	(4) is convicted of an offense for which punishment is
1432	1432	increased under Section 481.134(c), (d), (e), or (f), Health and
1433	1433	Safety Code, if it is shown that the defendant has been previously
1434	1434	convicted of an offense for which punishment was increased under
1435	1435	any one of those subsections;
1436	1436	(5) is convicted of an offense listed in Section
1437	1437	3g(a)(1)(C), (E), or (H), if the victim of the offense was younger
1438	1438	than 14 years of age at the time the offense was committed;
1439	1439	(6) is convicted of an offense listed in Section
1440	1440	3g(a)(1)(D), if the victim of the offense was younger than 14 years
1441	1441	of age at the time the offense was committed and the actor committed
1442	1442	the offense with the intent to violate or abuse the victim sexually;
1443	1443	[or]
1444	1444	(7) is convicted of an offense listed in Section
1445	1445	3g(a)(1)(J); or
1446	1446	(8) [3g(a)(1)(I)] is adjudged guilty of an offense
1447	1447	under Section 19.02, Penal Code.
1448	1448	SECTION 6.005. Section 22(a), Article 42.12, Code of
1449	1449	Criminal Procedure, is amended to correct a reference to read as
1450	1450	follows:
1451	1451	(a) If after a hearing under Section 21 of this article a
1452	1452	judge continues or modifies community supervision after
1453	1453	determining that the defendant violated a condition of community
1454	1454	supervision, the judge may impose any other conditions the judge
1455	1455	determines are appropriate, including:
1456	1456	(1) a requirement that the defendant perform community
1457	1457	service for a number of hours specified by the court under Section
1458	1458	16 of this article, or an increase in the number of hours that the
1459	1459	defendant has previously been required to perform under those
1460	1460	sections in an amount not to exceed double the number of hours
1461	1461	permitted by Section 16;
1462	1462	(2) an increase in the period of community
1463	1463	supervision, in the manner described by Subsection (c) [(b)] of
1464	1464	this section;
1465	1465	(3) an increase in the defendant's fine, in the manner
1466	1466	described by Subsection (d) of this section; or
1467	1467	(4) the placement of the defendant in a substance
1468	1468	abuse felony punishment program operated under Section 493.009,
1469	1469	Government Code, if:
1470	1470	(A) the defendant is convicted of a felony other
1471	1471	than:
1472	1472	(i) a felony under Section 21.11, 22.011,
1473	1473	or 22.021, Penal Code; or
1474	1474	(ii) criminal attempt of a felony under
1475	1475	Section 21.11, 22.011, or 22.021, Penal Code; and
1476	1476	(B) the judge makes an affirmative finding that:
1477	1477	(i) drug or alcohol abuse significantly
1478	1478	contributed to the commission of the crime or violation of
1479	1479	community supervision; and
1480	1480	(ii) the defendant is a suitable candidate
1481	1481	for treatment, as determined by the suitability criteria
1482	1482	established by the Texas Board of Criminal Justice under Section
1483	1483	493.009(b), Government Code.
1484	1484	SECTION 6.006. Article 59.01(2), Code of Criminal
1485	1485	Procedure, as amended by Chapters 127 (S.B. 1614), 822 (H.B. 73),
1486	1486	and 885 (H.B. 2278), Acts of the 80th Legislature, Regular Session,
1487	1487	2007, is reenacted and is amended to correct a reference to read as
1488	1488	follows:
1489	1489	(2) "Contraband" means property of any nature,
1490	1490	including real, personal, tangible, or intangible, that is:
1491	1491	(A) used in the commission of:
1492	1492	(i) any first or second degree felony under
1493	1493	the Penal Code;
1494	1494	(ii) any felony under Section 15.031(b),
1495	1495	20.05, 21.11, 38.04, Subchapter B of Chapter 43, or Chapter 29, 30,
1496	1496	31, 32, 33, 33A, or 35, Penal Code;
1497	1497	(iii) any felony under The Securities Act
1498	1498	(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
1499	1499	(iv) any offense under Chapter 49, Penal
1500	1500	Code, that is punishable as a felony of the third degree or state
1501	1501	jail felony, if the defendant has been previously convicted three
1502	1502	times of an offense under that chapter;
1503	1503	(B) used or intended to be used in the commission
1504	1504	of:
1505	1505	(i) any felony under Chapter 481, Health
1506	1506	and Safety Code (Texas Controlled Substances Act);
1507	1507	(ii) any felony under Chapter 483, Health
1508	1508	and Safety Code;
1509	1509	(iii) a felony under Chapter 153, Finance
1510	1510	Code;
1511	1511	(iv) any felony under Chapter 34, Penal
1512	1512	Code;
1513	1513	(v) a Class A misdemeanor under Subchapter
1514	1514	B, Chapter 365, Health and Safety Code, if the defendant has been
1515	1515	previously convicted twice of an offense under that subchapter;
1516	1516	(vi) any felony under Chapter 152, Finance
1517	1517	Code;
1518	1518	(vii) any felony under Chapter 32, Human
1519	1519	Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
1520	1520	involves the state Medicaid program;
1521	1521	(viii) a Class B misdemeanor under Chapter
1522	1522	522, Business & Commerce Code; or
1523	1523	(ix) a Class A misdemeanor under Section
1524	1524	306.051 [35.153], Business & Commerce Code;
1525	1525	(C) the proceeds gained from the commission of a
1526	1526	felony listed in Paragraph (A) or (B) of this subdivision, a
1527	1527	misdemeanor listed in Paragraph (B)(viii) of this subdivision, or a
1528	1528	crime of violence;
1529	1529	(D) acquired with proceeds gained from the
1530	1530	commission of a felony listed in Paragraph (A) or (B) of this
1531	1531	subdivision, a misdemeanor listed in Paragraph (B)(viii) of this
1532	1532	subdivision, or a crime of violence; or
1533	1533	(E) used to facilitate or intended to be used to
1534	1534	facilitate the commission of a felony under Section 15.031 or
1535	1535	43.25, Penal Code.
1536	1536	SECTION 6.007. Article 61.06(c), Code of Criminal
1537	1537	Procedure, as amended by Chapters 258 (S.B. 111), 263 (S.B. 103),
1538	1538	and 1308 (S.B. 1909), Acts of the 80th Legislature, Regular
1539	1539	Session, 2007, is reenacted to read as follows:
1540	1540	(c) In determining whether information is required to be
1541	1541	removed from an intelligence database under Subsection (b), the
1542	1542	three-year period does not include any period during which the
1543	1543	individual who is the subject of the information is:
1544	1544	(1) confined in a correctional facility operated by or
1545	1545	under contract with the Texas Department of Criminal Justice;
1546	1546	(2) committed to a secure correctional facility
1547	1547	operated by or under contract with the Texas Youth Commission, as
1548	1548	defined by Section 51.02, Family Code; or
1549	1549	(3) confined in a county jail or confined in or
1550	1550	committed to a facility operated by a juvenile board in lieu of
1551	1551	being confined in a correctional facility operated by or under
1552	1552	contract with the Texas Department of Criminal Justice or being
1553	1553	committed to a secure correctional facility operated by or under
1554	1554	contract with the Texas Youth Commission.
1555	1555	SECTION 6.008. Article 102.011(a), Code of Criminal
1556	1556	Procedure, as amended by Sections 20 and 21, Chapter 1263 (H.B.
1557	1557	3060), Acts of the 80th Legislature, Regular Session, 2007, is
1558	1558	reenacted to read as follows:
1559	1559	(a) A defendant convicted of a felony or a misdemeanor shall
1560	1560	pay the following fees for services performed in the case by a peace
1561	1561	officer:
1562	1562	(1) $5 for issuing a written notice to appear in court
1563	1563	following the defendant's violation of a traffic law, municipal
1564	1564	ordinance, or penal law of this state, or for making an arrest
1565	1565	without a warrant;
1566	1566	(2) $50 for executing or processing an issued arrest
1567	1567	warrant, capias, or capias pro fine with the fee imposed for the
1568	1568	services of:
1569	1569	(A) the law enforcement agency that executed the
1570	1570	arrest warrant or capias, if the agency requests of the court, not
1571	1571	later than the 15th day after the date of the execution of the
1572	1572	arrest warrant or capias, the imposition of the fee on conviction;
1573	1573	or
1574	1574	(B) the law enforcement agency that processed the
1575	1575	arrest warrant or capias, if:
1576	1576	(i) the arrest warrant or capias was not
1577	1577	executed; or
1578	1578	(ii) the executing law enforcement agency
1579	1579	failed to request the fee within the period required by Paragraph
1580	1580	(A) of this subdivision;
1581	1581	(3) $5 for summoning a witness;
1582	1582	(4) $35 for serving a writ not otherwise listed in this
1583	1583	article;
1584	1584	(5) $10 for taking and approving a bond and, if
1585	1585	necessary, returning the bond to the courthouse;
1586	1586	(6) $5 for commitment or release;
1587	1587	(7) $5 for summoning a jury, if a jury is summoned;
1588	1588	and
1589	1589	(8) $8 for each day's attendance of a prisoner in a
1590	1590	habeas corpus case if the prisoner has been remanded to custody or
1591	1591	held to bail.
1592	1592	ARTICLE 7. CHANGES RELATING TO EDUCATION CODE
1593	1593	SECTION 7.001. Section 21.511, Education Code, is amended
1594	1594	to add a heading to read as follows:
1595	1595	Sec. 21.511. RULES. The commissioner shall adopt rules to
1596	1596	implement this subchapter.
1597	1597	SECTION 7.002. (a) Section 25.087(c), Education Code, as
1598	1598	added by Chapter 660 (H.B. 1187), Acts of the 80th Legislature,
1599	1599	Regular Session, 2007, is amended to read as follows:
1600	1600	(c) A school district may excuse a student in grades 6
1601	1601	through 12 for the purpose of sounding "Taps" at a military honors
1602	1602	funeral held in this state for a deceased veteran. [A student
1603	1603	whose absence is excused under this subsection may not be penalized
1604	1604	for that absence and shall be counted as if the student attended
1605	1605	school for purposes of calculating the average daily attendance of
1606	1606	students in the school district. A student whose absence is
1607	1607	excused under this subsection shall be allowed a reasonable time to
1608	1608	make up school work missed on those days. If the student
1609	1609	satisfactorily completes the school work, the day of absence shall
1610	1610	be counted as a day of compulsory attendance.]
1611	1611	(b) Section 25.087(c), Education Code, as added by Chapter
1612	1612	479 (H.B. 2455), Acts of the 80th Legislature, Regular Session,
1613	1613	2007, is relettered as Subsection (d) and amended to read as
1614	1614	follows:
1615	1615	(d) [(c)] A student whose absence is excused under
1616	1616	Subsection (b) or (c) may not be penalized for that absence and
1617	1617	shall be counted as if the student attended school for purposes of
1618	1618	calculating the average daily attendance of students in the school
1619	1619	district. A student whose absence is excused under Subsection (b)
1620	1620	or (c) shall be allowed a reasonable time to make up school work
1621	1621	missed on those days. If the student satisfactorily completes the
1622	1622	school work, the day of absence shall be counted as a day of
1623	1623	compulsory attendance.
1624	1624	SECTION 7.003. Section 25.0951(a), Education Code, as
1625	1625	amended by Chapters 908 (H.B. 2884) and 984 (S.B. 1161), Acts of the
1626	1626	80th Legislature, Regular Session, 2007, is reenacted to read as
1627	1627	follows:
1628	1628	(a) If a student fails to attend school without excuse on 10
1629	1629	or more days or parts of days within a six-month period in the same
1630	1630	school year, a school district shall within 10 school days of the
1631	1631	student's 10th absence:
1632	1632	(1) file a complaint against the student or the
1633	1633	student's parent or both in a county, justice, or municipal court
1634	1634	for an offense under Section 25.093 or 25.094, as appropriate, or
1635	1635	refer the student to a juvenile court in a county with a population
1636	1636	of less than 100,000 for conduct that violates Section 25.094; or
1637	1637	(2) refer the student to a juvenile court for conduct
1638	1638	indicating a need for supervision under Section 51.03(b)(2), Family
1639	1639	Code.
1640	1640	SECTION 7.004. (a) Section 33.085, Education Code, is
1641	1641	transferred to Subchapter A, Chapter 38, Education Code, and
1642	1642	redesignated as Section 38.024, Education Code.
1643	1643	(b) The heading to Section 38.024, Education Code, as
1644	1644	redesignated from Section 33.085, Education Code, by Subsection (a)
1645	1645	of this section, is amended to read as follows:
1646	1646	Sec. 38.024 [33.085]. INSURANCE AGAINST STUDENT INJURIES
1647	1647	[FOR CERTAIN SCHOOL ACTIVITIES].
1648	1648	SECTION 7.005. Section 37.203(a), Education Code, as
1649	1649	amended by Chapters 258 (S.B. 11) and 263 (S.B. 103), Acts of the
1650	1650	80th Legislature, Regular Session, 2007, is reenacted to read as
1651	1651	follows:
1652	1652	(a) The center is advised by a board of directors composed
1653	1653	of:
1654	1654	(1) the attorney general, or the attorney general's
1655	1655	designee;
1656	1656	(2) the commissioner, or the commissioner's designee;
1657	1657	(3) the executive director of the Texas Juvenile
1658	1658	Probation Commission, or the executive director's designee;
1659	1659	(4) the executive commissioner of the Texas Youth
1660	1660	Commission, or the executive commissioner's designee;
1661	1661	(5) the commissioner of the Department of State Health
1662	1662	Services, or the commissioner's designee;
1663	1663	(6) the commissioner of higher education, or the
1664	1664	commissioner's designee; and
1665	1665	(7) the following members appointed by the governor
1666	1666	with the advice and consent of the senate:
1667	1667	(A) a juvenile court judge;
1668	1668	(B) a member of a school district's board of
1669	1669	trustees;
1670	1670	(C) an administrator of a public primary school;
1671	1671	(D) an administrator of a public secondary
1672	1672	school;
1673	1673	(E) a member of the state parent-teacher
1674	1674	association;
1675	1675	(F) a teacher from a public primary or secondary
1676	1676	school;
1677	1677	(G) a public school superintendent who is a
1678	1678	member of the Texas Association of School Administrators;
1679	1679	(H) a school district police officer or a peace
1680	1680	officer whose primary duty consists of working in a public school;
1681	1681	and
1682	1682	(I) two members of the public.
1683	1683	SECTION 7.006. Effective September 1, 2010, Section
1684	1684	42.302(a-1), Education Code, as amended by Chapters 19 (H.B. 5) and
1685	1685	1191 (H.B. 828), Acts of the 80th Legislature, Regular Session,
1686	1686	2007, is reenacted to read as follows:
1687	1687	(a-1) In this section, "wealth per student" has the meaning
1688	1688	assigned by Section 41.001. For purposes of Subsection (a), the
1689	1689	dollar amount guaranteed level of state and local funds per
1690	1690	weighted student per cent of tax effort ("GL") for a school district
1691	1691	is:
1692	1692	(1) the amount of district tax revenue per weighted
1693	1693	student per cent of tax effort available to a district at the 88th
1694	1694	percentile in wealth per student, as determined by the commissioner
1695	1695	in cooperation with the Legislative Budget Board, for the
1696	1696	district's maintenance and operations tax effort equal to or less
1697	1697	than the rate equal to the product of the state compression
1698	1698	percentage, as determined under Section 42.2516, multiplied by the
1699	1699	maintenance and operations tax rate adopted by the district for the
1700	1700	2005 tax year;
1701	1701	(2) the greater of the amount of district tax revenue
1702	1702	per weighted student per cent of tax effort that would be available
1703	1703	to the Austin Independent School District, as determined by the
1704	1704	commissioner in cooperation with the Legislative Budget Board, if
1705	1705	the reduction of the limitation on tax increases as provided by
1706	1706	Section 11.26(a-1), (a-2), or (a-3), Tax Code, did not apply, or the
1707	1707	amount of district tax revenue per weighted student per cent of tax
1708	1708	effort used for purposes of this subdivision in the preceding
1709	1709	school year, for the first six cents by which the district's
1710	1710	maintenance and operations tax rate exceeds the rate equal to the
1711	1711	product of the state compression percentage, as determined under
1712	1712	Section 42.2516, multiplied by the maintenance and operations tax
1713	1713	rate adopted by the district for the 2005 tax year; and
1714	1714	(3) $31.95, for the district's maintenance and
1715	1715	operations tax effort that exceeds the amount of tax effort
1716	1716	described by Subdivision (2).
1717	1717	SECTION 7.007. Section 46.061, Education Code, is amended
1718	1718	to add a heading to read as follows:
1719	1719	Sec. 46.061. STATE ASSISTANCE FOR REFINANCING. (a) The
1720	1720	commissioner by rule may provide for the payment of state
1721	1721	assistance under this chapter to refinance school district debt. A
1722	1722	refinancing may not increase the cost to the state of providing the
1723	1723	assistance.
1724	1724	(b) The commissioner may allocate state assistance provided
1725	1725	for a refinancing to Subchapter A, Subchapter B, or both, as
1726	1726	appropriate.
1727	1727	SECTION 7.008. Section 51.807, Education Code, as amended
1728	1728	by Chapters 941 (H.B. 3826) and 1369 (H.B. 3851), Acts of the 80th
1729	1729	Legislature, Regular Session, 2007, is reenacted to read as
1730	1730	follows:
1731	1731	Sec. 51.807. RULEMAKING. (a) To ensure a uniform standard
1732	1732	for admissions under this subchapter, the Texas Higher Education
1733	1733	Coordinating Board shall adopt rules establishing a standard method
1734	1734	for computing a student's high school grade point average. The
1735	1735	method established under this subsection:
1736	1736	(1) must:
1737	1737	(A) be based on a four-point scale; and
1738	1738	(B) assign additional weight for each honors
1739	1739	course, advanced placement course, international baccalaureate
1740	1740	course, or dual credit course completed by the student as the board
1741	1741	considers appropriate, taking into consideration the academic
1742	1742	rigor of each course completed by the student; and
1743	1743	(2) may result in a student having a grade point
1744	1744	average higher than 4.0 on a four-point scale as a result of the
1745	1745	assignment of additional weight for one or more courses completed
1746	1746	by a student under Subdivision (1)(B).
1747	1747	(b) The Texas Higher Education Coordinating Board, after
1748	1748	consulting with the Texas Education Agency, by rule shall establish
1749	1749	standards for determining for purposes of this subchapter:
1750	1750	(1) whether a private high school is accredited by a
1751	1751	generally recognized accrediting organization; and
1752	1752	(2) whether a person completed a high school
1753	1753	curriculum that is equivalent in content and rigor to the
1754	1754	curriculum requirements established under Section 28.025 for the
1755	1755	recommended or advanced high school program.
1756	1756	(c) The board may adopt other rules relating to the
1757	1757	operation of admissions programs under this subchapter, including
1758	1758	rules relating to the identification of eligible students.
1759	1759	(d) The standard method established under Subsection (a)
1760	1760	for computing a student's high school grade point average applies
1761	1761	to computing the grade point average of a student applying as a
1762	1762	first-time freshman for admission to a general academic teaching
1763	1763	institution beginning with admissions for the 2009 fall semester.
1764	1764	This subsection expires January 1, 2010.
1765	1765	SECTION 7.009. Section 54.204(b), Education Code, as
1766	1766	amended by Chapters 214 (H.B. 741) and 1318 (S.B. 1233), Acts of the
1767	1767	80th Legislature, Regular Session, 2007, is reenacted to read as
1768	1768	follows:
1769	1769	(b) The governing board of each institution of higher
1770	1770	education shall exempt from the payment of all dues, fees, and
1771	1771	charges any person whose parent is an eligible firefighter or law
1772	1772	enforcement officer who has suffered an injury, resulting in death
1773	1773	or disability, sustained in the line of duty according to the
1774	1774	regulations and criteria then in effect governing the department or
1775	1775	agency in which the eligible firefighter or law enforcement officer
1776	1776	volunteered or was employed. The exemption does not apply to
1777	1777	general deposits or to fees or charges for lodging, board, or
1778	1778	clothing.
1779	1779	SECTION 7.010. Section 54.765(a), Education Code, is
1780	1780	amended to correct a cross-reference to read as follows:
1781	1781	(a) Except as provided by Subsection (h) [(e)], the
1782	1782	comptroller is the custodian of the assets of the fund.
1783	1783	SECTION 7.011. Section 61.9758(a), Education Code, as added
1784	1784	by Chapters 889 (H.B. 2426) and 936 (H.B. 3443), Acts of the 80th
1785	1785	Legislature, Regular Session, 2007, is reenacted to read as
1786	1786	follows:
1787	1787	(a) Each hospital-based nursing education partnership that
1788	1788	receives a grant under this subchapter shall submit to the board
1789	1789	narrative and financial reports that include information
1790	1790	concerning the extent to which during the reporting period the
1791	1791	partnership has complied with accountability standards established
1792	1792	by the board.
1793	1793	ARTICLE 8. CHANGES RELATING TO ELECTION CODE
1794	1794	SECTION 8.001. Section 18.005(a), Election Code, as amended
1795	1795	by Chapters 594 (H.B. 41) and 1295 (S.B. 74), Acts of the 80th
1796	1796	Legislature, Regular Session, 2007, is reenacted and amended to
1797	1797	read as follows:
1798	1798	(a) Each original and supplemental list of registered
1799	1799	voters must:
1800	1800	(1) contain the voter's name, [residence address or
1801	1801	substitute post office box address, if required by Section
1802	1802	18.0051,] date of birth, and registration number as provided by the
1803	1803	statewide computerized voter registration list;
1804	1804	(2) contain the voter's residence address, except as
1805	1805	provided by Subsections (b) and (c) or Section 18.0051;
1806	1806	(3) be arranged alphabetically by voter name; and
1807	1807	(4) contain the notation required by Section 15.111.
1808	1808	ARTICLE 9. CHANGES RELATING TO FAMILY CODE
1809	1809	SECTION 9.001. Section 154.062(e), Family Code, as added by
1810	1810	Chapters 363 (S.B. 303) and 620 (H.B. 448), Acts of the 80th
1811	1811	Legislature, Regular Session, 2007, is reenacted to read as
1812	1812	follows:
1813	1813	(e) In calculating the amount of the deduction for health
1814	1814	care coverage for a child under Subsection (d)(5), if the obligor
1815	1815	has other minor dependents covered under the same health insurance
1816	1816	plan, the court shall divide the total cost to the obligor for the
1817	1817	insurance by the total number of minor dependents, including the
1818	1818	child, covered under the plan.
1819	1819	SECTION 9.002. Section 154.183(b), Family Code, as amended
1820	1820	by Chapters 363 (S.B. 303) and 620 (H.B. 448), Acts of the 80th
1821	1821	Legislature, Regular Session, 2007, is reenacted and amended to
1822	1822	read as follows:
1823	1823	(b) If the court finds and states in the child support order
1824	1824	that the obligee will maintain health insurance coverage for the
1825	1825	child at the obligee's expense, the court shall increase the amount
1826	1826	of child support to be paid by the obligor in an amount not
1827	1827	exceeding the actual cost to the obligee for maintaining health
1828	1828	insurance coverage, as provided under Section 154.182(b-1). [In
1829	1829	calculating the total expense to the obligee for maintaining health
1830	1830	insurance for the child under this subsection, if the obligee has
1831	1831	other minor dependents covered under the same health insurance
1832	1832	plan, the court shall divide the total expense to the obligee for
1833	1833	the insurance by the total number of minor dependents, including
1834	1834	the child, covered under the plan.]
1835	1835	ARTICLE 10. CHANGES RELATING TO FINANCE CODE
1836	1836	SECTION 10.001. Sections 11.309(a) and (b), Finance Code,
1837	1837	are amended to correct references to read as follows:
1838	1838	(a) In this section, "check verification entity" and
1839	1839	"financial institution" have the meanings assigned by Section
1840	1840	523.052 [35.595], Business & Commerce Code.
1841	1841	(b) The finance commission shall adopt rules:
1842	1842	(1) requiring a check verification entity to register
1843	1843	with the banking commissioner:
1844	1844	(A) at the intervals the finance commission
1845	1845	determines, but not less frequently than annually; and
1846	1846	(B) by providing to the banking commissioner the
1847	1847	information that the finance commission determines is necessary to
1848	1848	enable a financial institution or a check verification entity to
1849	1849	comply with the requirements of Section 523.052 [35.595], Business &
1850	1850	Commerce Code;
1851	1851	(2) authorizing the banking commissioner to charge a
1852	1852	check verification entity a reasonable annual fee, not to exceed
1853	1853	$100, to register with the commissioner; and
1854	1854	(3) requiring the banking commissioner to establish an
1855	1855	electronic notification system, through secure e-mail or another
1856	1856	secure system, to be used by a financial institution to notify check
1857	1857	verification entities as required by Section 523.052 [35.595],
1858	1858	Business & Commerce Code.
1859	1859	SECTION 10.002. Section 31.105, Finance Code, as amended by
1860	1860	Chapters 110 (H.B. 2007) and 237 (H.B. 1962), Acts of the 80th
1861	1861	Legislature, Regular Session, 2007, is reenacted to read as
1862	1862	follows:
1863	1863	Sec. 31.105. EXAMINATION REQUIRED. (a) The banking
1864	1864	commissioner shall examine each state bank annually, or on another
1865	1865	periodic basis as may be required by rule or policy, or as the
1866	1866	commissioner considers necessary to:
1867	1867	(1) safeguard the interests of depositors, creditors,
1868	1868	and shareholders; and
1869	1869	(2) efficiently enforce applicable law.
1870	1870	(b) The banking commissioner may:
1871	1871	(1) accept an examination of a state bank by a federal
1872	1872	or other governmental agency instead of an examination under this
1873	1873	section; or
1874	1874	(2) conduct an examination of a state bank jointly
1875	1875	with a federal or other governmental agency.
1876	1876	(c) The banking commissioner may administer oaths and
1877	1877	examine persons under oath on any subject that the commissioner
1878	1878	considers pertinent to the financial condition or the safety and
1879	1879	soundness of the activities of a state bank.
1880	1880	(d) Disclosure of information to the banking commissioner
1881	1881	pursuant to an examination request does not constitute a waiver of
1882	1882	or otherwise affect or diminish an evidentiary privilege to which
1883	1883	the information is otherwise subject. A report of an examination
1884	1884	under this section is confidential and may be disclosed only under
1885	1885	the circumstances provided by this subtitle.
1886	1886	SECTION 10.003. Section 32.004(c), Finance Code, as amended
1887	1887	by Chapters 237 (H.B. 1962) and 735 (H.B. 2754), Acts of the 80th
1888	1888	Legislature, Regular Session, 2007, is reenacted to read as
1889	1889	follows:
1890	1890	(c) Rules adopted under this subtitle may specify the
1891	1891	confidential or nonconfidential character of information obtained
1892	1892	or prepared by the department under this chapter. Except as
1893	1893	provided by Subchapter D, Chapter 31, or in rules regarding
1894	1894	confidential information, the business plan of the applicant and
1895	1895	the financial statement of a proposed officer or director are
1896	1896	confidential and not subject to public disclosure.
1897	1897	SECTION 10.004. Section 156.204(a), Finance Code, is
1898	1898	amended to conform to Section 6, Chapter 905 (H.B. 2783), Acts of
1899	1899	the 80th Legislature, Regular Session, 2007, and further amended to
1900	1900	conform to changes in terminology made by Chapter 703 (S.B. 414),
1901	1901	Acts of the 77th Legislature, Regular Session, 2001, and the
1902	1902	enactment of Title 13, Insurance Code, to read as follows:
1903	1903	(a) To be eligible to be licensed as a mortgage broker as an
1904	1904	individual, the individual must:
1905	1905	(1) be at least 18 years of age;
1906	1906	(2) be a citizen of the United States or a lawfully
1907	1907	admitted alien;
1908	1908	(3) maintain a physical office in this state and
1909	1909	designate that office in the application;
1910	1910	(4) provide the commissioner with satisfactory
1911	1911	evidence that the applicant satisfies one of the following:
1912	1912	(A) the individual [person] has received a
1913	1913	bachelor's degree in an area relating to finance, banking, or
1914	1914	business administration from an accredited college or university
1915	1915	and has 18 months of experience in the mortgage or lending field as
1916	1916	evidenced by documentary proof of full-time employment as a
1917	1917	mortgage broker or licensed loan officer with a mortgage broker or
1918	1918	an individual [a person] exempt under Section 156.202;
1919	1919	(B) the individual [person] is licensed in this
1920	1920	state as:
1921	1921	(i) an active real estate broker under
1922	1922	Chapter 1101, Occupations Code;
1923	1923	(ii) an active attorney; or
1924	1924	(iii) a general property and casualty
1925	1925	insurance agent under Chapter 4051, Insurance Code, [local
1926	1926	recording agent or insurance solicitor] or an agent for a legal
1927	1927	reserve life insurance company under Subtitle B, Title 13 [Chapter
1928	1928	21], Insurance Code, or holds an equivalent license under Subtitle
1929	1929	B, Title 13 [Chapter 21], Insurance Code; or
1930	1930	(C) the individual [person] has three years of
1931	1931	experience in the mortgage lending field as evidenced by
1932	1932	documentary proof of full-time employment as a licensed loan
1933	1933	officer with a mortgage broker or an individual [a person] exempt
1934	1934	under Section 156.202;
1935	1935	(5) provide the commissioner with satisfactory
1936	1936	evidence of:
1937	1937	(A) having passed an examination, offered by a
1938	1938	testing service or company approved by the finance commission, that
1939	1939	demonstrates knowledge of:
1940	1940	(i) the mortgage industry; and
1941	1941	(ii) the role and responsibilities of a
1942	1942	mortgage broker; and
1943	1943	(B) compliance with the financial requirements
1944	1944	of this chapter;
1945	1945	(6) not have been convicted of a criminal offense that
1946	1946	the commissioner determines directly relates to the occupation of a
1947	1947	mortgage broker as provided by Chapter 53, Occupations Code;
1948	1948	(7) satisfy the commissioner as to the individual's
1949	1949	good moral character, including the individual's honesty,
1950	1950	trustworthiness, and integrity;
1951	1951	(8) not be in violation of this chapter, a rule adopted
1952	1952	under this chapter, or any order previously issued to the
1953	1953	individual by the commissioner; and
1954	1954	(9) provide the commissioner with satisfactory
1955	1955	evidence that:
1956	1956	(A) if the individual [person] has not been
1957	1957	previously licensed as a mortgage broker or a loan officer under
1958	1958	this subchapter, the individual [person] has completed 90 classroom
1959	1959	hours of education courses approved by the commissioner under this
1960	1960	section; or
1961	1961	(B) if the individual [person] has not been
1962	1962	previously licensed as a mortgage broker under this subchapter but
1963	1963	has been licensed as a loan officer under this subchapter, the
1964	1964	individual [person] has successfully completed an additional 30
1965	1965	classroom hours of education courses approved by the commissioner
1966	1966	under this section.
1967	1967	ARTICLE 11. CHANGES RELATING TO GOVERNMENT CODE
1968	1968	PART A. GENERAL CHANGES
1969	1969	SECTION 11.001. Section 61.003(a), Government Code, as
1970	1970	amended by Chapters 661 (H.B. 1204) and 1378 (S.B. 560), Acts of the
1971	1971	80th Legislature, Regular Session, 2007, and Section 61.003(a-1),
1972	1972	Government Code, as added by Chapters 661 (H.B. 1204) and 1378 (S.B.
1973	1973	560), Acts of the 80th Legislature, Regular Session, 2007, are
1974	1974	reenacted to read as follows:
1975	1975	(a) Each person who reports for jury service shall be
1976	1976	personally provided a form letter that when signed by the person
1977	1977	directs the county treasurer to donate all, or a specific amount
1978	1978	designated by the person, of the person's daily reimbursement under
1979	1979	this chapter to:
1980	1980	(1) the compensation to victims of crime fund under
1981	1981	Subchapter B, Chapter 56, Code of Criminal Procedure;
1982	1982	(2) the child welfare board of the county appointed
1983	1983	under Section 264.005, Family Code;
1984	1984	(3) any program selected by the commissioners court
1985	1985	that is operated by a public or private nonprofit organization and
1986	1986	that provides shelter and services to victims of family violence;
1987	1987	or
1988	1988	(4) any other program approved by the commissioners
1989	1989	court of the county, including a program established under Article
1990	1990	56.04(f), Code of Criminal Procedure, that offers psychological
1991	1991	counseling to jurors in criminal cases involving graphic evidence
1992	1992	or testimony.
1993	1993	(a-1) The form letter provided under Subsection (a) must
1994	1994	include a blank in which a person may enter the amount of the daily
1995	1995	reimbursement the person wishes to donate.
1996	1996	SECTION 11.002. Section 411.042(b), Government Code, as
1997	1997	amended by Chapters 70 (H.B. 76), 1306 (S.B. 839), and 1372 (S.B.
1998	1998	9), Acts of the 80th Legislature, Regular Session, 2007, is
1999	1999	reenacted and amended to read as follows:
2000	2000	(b) The bureau of identification and records shall:
2001	2001	(1) procure and file for record photographs, pictures,
2002	2002	descriptions, fingerprints, measurements, and other pertinent
2003	2003	information of all persons arrested for or charged with a criminal
2004	2004	offense or convicted of a criminal offense, regardless of whether
2005	2005	the conviction is probated;
2006	2006	(2) collect information concerning the number and
2007	2007	nature of offenses reported or known to have been committed in the
2008	2008	state and the legal steps taken in connection with the offenses, and
2009	2009	other information useful in the study of crime and the
2010	2010	administration of justice, including information that enables the
2011	2011	bureau to create a statistical breakdown of offenses in which
2012	2012	family violence was involved and a statistical breakdown of
2013	2013	offenses under Sections 22.011 and 22.021, Penal Code;
2014	2014	(3) make ballistic tests of bullets and firearms and
2015	2015	chemical analyses of bloodstains, cloth, materials, and other
2016	2016	substances for law enforcement officers of the state;
2017	2017	(4) cooperate with identification and crime records
2018	2018	bureaus in other states and the United States Department of
2019	2019	Justice;
2020	2020	(5) maintain a list of all previous background checks
2021	2021	for applicants for any position regulated under Chapter 1702,
2022	2022	Occupations Code, who have undergone a criminal history background
2023	2023	check under Section 411.119, if the check indicates a Class B
2024	2024	misdemeanor or equivalent offense or a greater offense;
2025	2025	(6) collect information concerning the number and
2026	2026	nature of protective orders and all other pertinent information
2027	2027	about all persons on active protective orders. Information in the
2028	2028	law enforcement information system relating to an active protective
2029	2029	order shall include:
2030	2030	(A) the name, sex, race, date of birth, personal
2031	2031	descriptors, address, and county of residence of the person to whom
2032	2032	the order is directed;
2033	2033	(B) any known identifying number of the person to
2034	2034	whom the order is directed, including the person's social security
2035	2035	number or driver's license number;
2036	2036	(C) the name and county of residence of the
2037	2037	person protected by the order;
2038	2038	(D) the residence address and place of employment
2039	2039	or business of the person protected by the order, unless that
2040	2040	information is excluded from the order under Section 85.007, Family
2041	2041	Code;
2042	2042	(E) the child-care facility or school where a
2043	2043	child protected by the order normally resides or which the child
2044	2044	normally attends, unless that information is excluded from the
2045	2045	order under Section 85.007, Family Code;
2046	2046	(F) the relationship or former relationship
2047	2047	between the person who is protected by the order and the person to
2048	2048	whom the order is directed; and
2049	2049	(G) the date the order expires; [and]
2050	2050	(7) grant access to criminal history record
2051	2051	information in the manner authorized under Subchapter F; and
2052	2052	(8) [(7)] collect and disseminate information
2053	2053	regarding offenders with mental impairments in compliance with
2054	2054	Chapter 614, Health and Safety Code.
2055	2055	SECTION 11.003. Section 411.042(g), Government Code, as
2056	2056	amended by Chapters 70 (H.B. 76) and 1372 (S.B. 9), Acts of the 80th
2057	2057	Legislature, Regular Session, 2007, is reenacted and amended to
2058	2058	read as follows:
2059	2059	(g) The department may adopt reasonable rules under this
2060	2060	section relating to:
2061	2061	(1) law enforcement information systems maintained by
2062	2062	the department;
2063	2063	(2) the collection, maintenance, and correction of
2064	2064	records;
2065	2065	(3) reports of criminal history information submitted
2066	2066	to the department;
2067	2067	(4) active protective orders issued under Title 4,
2068	2068	Family Code, and reporting procedures that ensure that information
2069	2069	relating to the issuance of an active protective order and to the
2070	2070	dismissal of an active protective order is reported to the local law
2071	2071	enforcement agency at the time of the order's issuance or dismissal
2072	2072	and entered by the local law enforcement agency in the state's law
2073	2073	enforcement information system; [and]
2074	2074	(5) the collection of information described by
2075	2075	Subsection (h); and
2076	2076	(6) [(5)] a system for providing criminal history
2077	2077	record information through the criminal history clearinghouse
2078	2078	under Section 411.0845.
2079	2079	SECTION 11.004. Sections 420.008(b) and (c), Government
2080	2080	Code, are amended to correct references to read as follows:
2081	2081	(b) The fund consists of fees collected under:
2082	2082	(1) Section 19(e), Article 42.12, Code of Criminal
2083	2083	Procedure;
2084	2084	(2) Section 508.189, Government Code; and
2085	2085	(3) Subchapter B, Chapter 102 [47], Business &
2086	2086	Commerce Code, and deposited under Section 102.054 [47.054].
2087	2087	(c) The legislature may appropriate money deposited to the
2088	2088	credit of the fund only to:
2089	2089	(1) the attorney general, for:
2090	2090	(A) sexual violence awareness and prevention
2091	2091	campaigns;
2092	2092	(B) grants to faith-based groups, independent
2093	2093	school districts, and community action organizations for programs
2094	2094	for the prevention of sexual assault and programs for victims of
2095	2095	human trafficking;
2096	2096	(C) grants for equipment for sexual assault nurse
2097	2097	examiner programs, to support the preceptorship of future sexual
2098	2098	assault nurse examiners, and for the continuing education of sexual
2099	2099	assault nurse examiners;
2100	2100	(D) grants to increase the level of sexual
2101	2101	assault services in this state;
2102	2102	(E) grants to support victim assistance
2103	2103	coordinators;
2104	2104	(F) grants to support technology in rape crisis
2105	2105	centers;
2106	2106	(G) grants to and contracts with a statewide
2107	2107	nonprofit organization exempt from federal income taxation under
2108	2108	Section 501(c)(3), Internal Revenue Code of 1986, having as a
2109	2109	primary purpose ending sexual violence in this state, for programs
2110	2110	for the prevention of sexual violence, outreach programs, and
2111	2111	technical assistance to and support of youth and rape crisis
2112	2112	centers working to prevent sexual violence; and
2113	2113	(H) grants to regional nonprofit providers of
2114	2114	civil legal services to provide legal assistance for sexual assault
2115	2115	victims;
2116	2116	(2) the Department of State Health Services, to
2117	2117	measure the prevalence of sexual assault in this state and for
2118	2118	grants to support programs assisting victims of human trafficking;
2119	2119	(3) the Institute on Domestic Violence and Sexual
2120	2120	Assault at The University of Texas at Austin, to conduct research on
2121	2121	all aspects of sexual assault and domestic violence;
2122	2122	(4) Texas State University, for training and technical
2123	2123	assistance to independent school districts for campus safety;
2124	2124	(5) the office of the governor, for grants to support
2125	2125	sexual assault and human trafficking prosecution projects;
2126	2126	(6) the Department of Public Safety, to support sexual
2127	2127	assault training for commissioned officers;
2128	2128	(7) the comptroller's judiciary section, for
2129	2129	increasing the capacity of the sex offender civil commitment
2130	2130	program;
2131	2131	(8) the Texas Department of Criminal Justice:
2132	2132	(A) for pilot projects for monitoring sex
2133	2133	offenders on parole; and
2134	2134	(B) for increasing the number of adult
2135	2135	incarcerated sex offenders receiving treatment;
2136	2136	(9) the Texas Youth Commission, for increasing the
2137	2137	number of incarcerated juvenile sex offenders receiving treatment;
2138	2138	(10) the comptroller, for the administration of the
2139	2139	fee imposed on sexually oriented businesses under Section 102.052
2140	2140	[47.052], Business & Commerce Code; and
2141	2141	(11) the supreme court, to be transferred to the Texas
2142	2142	Equal Access to Justice Foundation, or a similar entity, to provide
2143	2143	victim-related legal services to sexual assault victims, including
2144	2144	legal assistance with protective orders, relocation-related
2145	2145	matters, victim compensation, and actions to secure privacy
2146	2146	protections available to victims under law.
2147	2147	SECTION 11.005. Section 431.134(a), Government Code, as
2148	2148	amended by Chapters 740 (H.B. 2896), 741 (H.B. 2897), and 1080 (H.B.
2149	2149	2895), Acts of the 80th Legislature, Regular Session, 2007, is
2150	2150	reenacted and amended to read as follows:
2151	2151	(a) The adjutant general may adopt rules and regulations
2152	2152	relating to the:
2153	2153	(1) Texas Faithful Service Medal, which shall be
2154	2154	awarded to a member of the state military forces who has completed
2155	2155	five years of honorable service during which the person has shown
2156	2156	fidelity to duty, efficient service, and great loyalty to the
2157	2157	state;
2158	2158	(2) Federal Service Medal, which shall be awarded to a
2159	2159	person who was inducted into federal service from the state
2160	2160	military forces between June 15, 1940, and January 1, 1946, or after
2161	2161	June 1, 1950, if the service was for more than 90 days;
2162	2162	(3) Texas Medal of Merit, which may be presented to a
2163	2163	member of the military forces of this state, another state, or the
2164	2164	United States who performs outstanding service or attains
2165	2165	extraordinary achievement in behalf of the state or United States;
2166	2166	(4) Texas Outstanding Service Medal, which may be
2167	2167	presented to a member of the military forces of this state, another
2168	2168	state, or the United States who has performed service in a superior
2169	2169	and clearly outstanding manner;
2170	2170	(5) Texas State Guard Service Medal, which shall be
2171	2171	awarded to a person who completes three consecutive years of
2172	2172	honorable service in the Texas State Guard during which the person
2173	2173	has shown fidelity to duty, efficient service, and great loyalty to
2174	2174	the state;
2175	2175	(6) Texas Desert Shield/Desert Storm Campaign Medal,
2176	2176	which shall be awarded to a person who was inducted into federal
2177	2177	service from the Texas National Guard after August 1, 1990, in
2178	2178	support of Operation Desert Shield or Operation Desert Storm,
2179	2179	without regard to the place that the person was deployed while
2180	2180	serving on active federal military duty;
2181	2181	(7) Texas Humanitarian Service Medal, which shall be
2182	2182	awarded to a person who:
2183	2183	(A) does not meet the criteria for an award of the
2184	2184	federal Humanitarian Service Medal;
2185	2185	(B) is a member of the state military forces; and
2186	2186	(C) while serving on state active duty or active
2187	2187	duty under state authority in accordance with Title 32 of the United
2188	2188	States Code, participates satisfactorily in defense support to a
2189	2189	mission under civilian authority to protect life or property during
2190	2190	or soon after a natural disaster or civil unrest in the state;
2191	2191	(8) Texas Cavalry Medal, which shall be awarded to a
2192	2192	person who:
2193	2193	(A) served on or after September 11, 2001, in the
2194	2194	124th Cavalry, Texas Army National Guard; and
2195	2195	(B) served in a hostile fire zone as designated
2196	2196	by the United States secretary of defense;
2197	2197	(9) Texas Combat Service Ribbon, which shall be
2198	2198	awarded to a member of the Texas National Guard who served, after
2199	2199	September 11, 2001, in a hostile fire zone as designated by the
2200	2200	United States secretary of defense;
2201	2201	(10) Texas Purple Heart Medal, which shall be awarded
2202	2202	to a person who, after September 11, 2001:
2203	2203	(A) was inducted into federal service from the
2204	2204	Texas National Guard; and
2205	2205	(B) meets the criteria for an award of the
2206	2206	federal Purple Heart Medal; [and]
2207	2207	(11) Texas Superior Service Medal, which shall be
2208	2208	awarded to:
2209	2209	(A) a member of the state military forces who
2210	2210	has:
2211	2211	(i) completed 30 or more years of honorable
2212	2212	state service or a combination of state and federal service; and
2213	2213	(ii) continually demonstrated superior
2214	2214	performance and service while assigned to key leadership positions
2215	2215	demanding responsibility; or
2216	2216	(B) a civilian who has contributed significant
2217	2217	service to the state military forces; and
2218	2218	(12) [(11)] Texas Homeland Defense Service Medal,
2219	2219	which shall be awarded to a member of the state military forces who
2220	2220	served:
2221	2221	(A) on or after September 11, 2001;
2222	2222	(B) on state active duty or active duty under
2223	2223	state authority in accordance with Title 32 of the United States
2224	2224	Code; and
2225	2225	(C) satisfactorily in defense support to a
2226	2226	mission in the state under civilian authority.
2227	2227	SECTION 11.006. Sections 465.0082 and 465.018(b),
2228	2228	Government Code, are repealed to conform to the repeal of Chapter
2229	2229	465, Government Code, by Chapter 609 (H.B. 387), Acts of the 80th
2230	2230	Legislature, Regular Session, 2007.
2231	2231	SECTION 11.007. Section 487.051(a), Government Code, as
2232	2232	amended by Chapters 560 (S.B. 1440) and 1241 (H.B. 2542), Acts of
2233	2233	the 80th Legislature, Regular Session, 2007, is reenacted and
2234	2234	amended to read as follows:
2235	2235	(a) The office shall:
2236	2236	(1) assist rural communities in the key areas of
2237	2237	economic development, community development, rural health, and
2238	2238	rural housing;
2239	2239	(2) serve as a clearinghouse for information and
2240	2240	resources on all state and federal programs affecting rural
2241	2241	communities;
2242	2242	(3) in consultation with rural community leaders,
2243	2243	locally elected officials, state elected and appointed officials,
2244	2244	academic and industry experts, and the interagency work group
2245	2245	created under this chapter, identify and prioritize policy issues
2246	2246	and concerns affecting rural communities in the state;
2247	2247	(4) make recommendations to the legislature to address
2248	2248	the concerns affecting rural communities identified under
2249	2249	Subdivision (3);
2250	2250	(5) monitor developments that have a substantial
2251	2251	effect on rural Texas communities, especially actions of state
2252	2252	government, and compile an annual report describing and evaluating
2253	2253	the condition of rural communities;
2254	2254	(6) administer the federal community development
2255	2255	block grant nonentitlement program;
2256	2256	(7) administer programs supporting rural health care
2257	2257	as provided by this chapter;
2258	2258	(8) perform research to determine the most beneficial
2259	2259	and cost-effective ways to improve the welfare of rural
2260	2260	communities;
2261	2261	(9) ensure that the office qualifies as the state's
2262	2262	office of rural health for the purpose of receiving grants from the
2263	2263	Office of Rural Health Policy of the United States Department of
2264	2264	Health and Human Services under 42 U.S.C. Section 254r;
2265	2265	(10) manage the state's Medicare rural hospital
2266	2266	flexibility program under 42 U.S.C. Section 1395i-4;
2267	2267	(11) seek state and federal money available for
2268	2268	economic development in rural areas for programs under this
2269	2269	chapter; [and]
2270	2270	(12) in conjunction with the Department of
2271	2271	Agriculture, regularly cross-train office employees with employees
2272	2272	of the Department of Agriculture regarding the programs
2273	2273	administered and services provided by each agency to rural
2274	2274	communities; and
2275	2275	(13) [(11)] work with interested persons to assist
2276	2276	volunteer fire departments and emergency services districts in
2277	2277	rural areas.
2278	2278	SECTION 11.008. Section 508.145(d), Government Code, is
2279	2279	amended to correct a reference to read as follows:
2280	2280	(d) An inmate serving a sentence for an offense described by
2281	2281	Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H), [or] (I), or (J),
2282	2282	Article 42.12, Code of Criminal Procedure, or for an offense for
2283	2283	which the judgment contains an affirmative finding under Section
2284	2284	3g(a)(2) of that article, is not eligible for release on parole
2285	2285	until the inmate's actual calendar time served, without
2286	2286	consideration of good conduct time, equals one-half of the sentence
2287	2287	or 30 calendar years, whichever is less, but in no event is the
2288	2288	inmate eligible for release on parole in less than two calendar
2289	2289	years.
2290	2290	SECTION 11.009. Section 531.0055(m), Government Code, is
2291	2291	amended to correct references to read as follows:
2292	2292	(m) The executive commissioner shall establish standards
2293	2293	for the use of electronic signatures in accordance with the Uniform
2294	2294	Electronic Transactions Act (Chapter 322 [43], Business & Commerce
2295	2295	Code), with respect to any transaction, as defined by Section
2296	2296	322.002 [43.002], Business & Commerce Code, in connection with the
2297	2297	administration of health and human services programs.
2298	2298	SECTION 11.010. Section 531.089, Government Code, as added
2299	2299	by Chapter 1008 (H.B. 867), Acts of the 79th Legislature, Regular
2300	2300	Session, 2005, and as renumbered by Chapter 921 (H.B. 3167), Acts of
2301	2301	the 80th Legislature, Regular Session, 2007, is transferred to
2302	2302	Subchapter B, Chapter 531, Government Code.
2303	2303	SECTION 11.011. The heading to Section 551.0726, Government
2304	2304	Code, is amended to read as follows:
2305	2305	Sec. 551.0726. TEXAS FACILITIES [BUILDING AND
2306	2306	PROCUREMENT] COMMISSION: DELIBERATION REGARDING CONTRACT BEING
2307	2307	NEGOTIATED; CLOSED MEETING.
2308	2308	SECTION 11.012. Sections 551.0812 and 572.003(c)(20),
2309	2309	Government Code, are repealed to conform to the abolition of the
2310	2310	State Banking Board by Chapter 914 (H.B. 1543), Acts of the 74th
2311	2311	Legislature, Regular Session, 1995.
2312	2312	SECTION 11.013. The heading to Section 551.121, Government
2313	2313	Code, as amended by Chapters 538 (S.B. 1046) and 778 (H.B. 3827),
2314	2314	Acts of the 80th Legislature, Regular Session, 2007, is reenacted
2315	2315	to read as follows:
2316	2316	Sec. 551.121. GOVERNING BOARD OF INSTITUTION OF HIGHER
2317	2317	EDUCATION; BOARD FOR LEASE OF UNIVERSITY LANDS; TEXAS HIGHER
2318	2318	EDUCATION COORDINATING BOARD: SPECIAL MEETING FOR IMMEDIATE
2319	2319	ACTION.
2320	2320	SECTION 11.014. Section 551.121(c), Government Code, as
2321	2321	amended by Chapters 538 (S.B. 1046) and 778 (H.B. 3827), Acts of the
2322	2322	80th Legislature, Regular Session, 2007, is reenacted to read as
2323	2323	follows:
2324	2324	(c) A meeting held by telephone conference call authorized
2325	2325	by this section may be held only if:
2326	2326	(1) the meeting is a special called meeting and
2327	2327	immediate action is required; and
2328	2328	(2) the convening at one location of a quorum of the
2329	2329	governing board, the Board for Lease of University Lands, or the
2330	2330	Texas Higher Education Coordinating Board, as applicable, is
2331	2331	difficult or impossible.
2332	2332	SECTION 11.015. Section 1371.152, Government Code, is
2333	2333	amended to correct references to read as follows:
2334	2334	Sec. 1371.152. EXEMPTIONS. This subchapter does not apply
2335	2335	to:
2336	2336	(1) an issuer who has more than $3 billion in
2337	2337	outstanding obligations as of September 1, 2007, or to a nonprofit
2338	2338	corporation investing funds on behalf of such an issuer;
2339	2339	(2) a person acting as a financial adviser with
2340	2340	respect to an issuance of public securities by an issuer created
2341	2341	under Chapter 8503, Special District Local Laws Code [222, Water
2342	2342	Code], delivered before January 1, 2010, under a contract that was
2343	2343	in effect on September 1, 2007, and that has not been modified since
2344	2344	that date;
2345	2345	(3) an employee of an issuer providing advice to the
2346	2346	issuer or to another issuer;
2347	2347	(4) a state agency:
2348	2348	(A) created by Section 49-b, Article III, Texas
2349	2349	Constitution; or
2350	2350	(B) the head of which is an officer in the
2351	2351	executive department under Section 1, Article IV, Texas
2352	2352	Constitution; or
2353	2353	(5) a corporation created under Chapter 505, Local
2354	2354	Government Code [Section 4B, Development Corporation Act of 1979
2355	2355	(Article 5190.6, Vernon's Texas Civil Statutes)], by a municipality
2356	2356	located in a county bordering the Rio Grande River.
2357	2357	SECTION 11.016. Section 1372.0222, Government Code, as
2358	2358	amended by Chapters 455 (H.B. 618), 544 (S.B. 1185), and 1108 (H.B.
2359	2359	3552), Acts of the 80th Legislature, Regular Session, 2007, is
2360	2360	reenacted to read as follows:
2361	2361	Sec. 1372.0222. DEDICATION OF PORTION OF STATE CEILING FOR
2362	2362	FIRE FIGHTER, LAW ENFORCEMENT OR SECURITY OFFICER, AND EMERGENCY
2363	2363	MEDICAL SERVICES PERSONNEL HOME LOAN PROGRAM. Until August 7, out
2364	2364	of that portion of the state ceiling that is available exclusively
2365	2365	for reservations by the Texas State Affordable Housing Corporation
2366	2366	under Section 1372.0223, 45.5 percent shall be allotted each year
2367	2367	and made available to the corporation for the purpose of issuing
2368	2368	qualified mortgage bonds in connection with the fire fighter, law
2369	2369	enforcement or security officer, and emergency medical services
2370	2370	personnel home loan program established under Section 2306.5621.
2371	2371	SECTION 11.017. Section 1372.031, Government Code, as
2372	2372	amended by Chapters 991 (S.B. 1332) and 1108 (H.B. 3552), Acts of
2373	2373	the 80th Legislature, Regular Session, 2007, is reenacted to read
2374	2374	as follows:
2375	2375	Sec. 1372.031. PRIORITIES FOR RESERVATIONS AMONG CERTAIN
2376	2376	ISSUERS. (a) Except as provided by Subsection (b) and subject to
2377	2377	Sections 1372.0321, 1372.0231, and 1372.035(c), if, on or before
2378	2378	October 20, more than one issuer in a category described by Section
2379	2379	1372.022(a)(2), (3), (4), or (6) applies for a reservation of the
2380	2380	state ceiling for the next program year, the board shall grant
2381	2381	reservations in that category in the order determined by the board
2382	2382	by lot.
2383	2383	(b) Until August 1 of the program year, within the category
2384	2384	described by Section 1372.022(a)(6), the board shall grant priority
2385	2385	to the Texas Economic Development Bank for projects that the Texas
2386	2386	Economic Development and Tourism Office determines meet the
2387	2387	governor's criteria for funding from the Texas Enterprise Fund.
2388	2388	Notwithstanding the priority, the Texas Economic Development Bank
2389	2389	may not receive an amount greater than one-sixth of the portion of
2390	2390	the state ceiling available under Section 1372.022(a)(6) on January
2391	2391	1 of the program year.
2392	2392	(c) In selecting projects for reservations of the state
2393	2393	ceiling for a program year under Subsection (b), among those
2394	2394	projects the Texas Economic Development and Tourism Office
2395	2395	determines meet the governor's criteria for funding from the Texas
2396	2396	Enterprise Fund the office shall give priority to obtaining
2397	2397	reservations for those projects located or to be located in an
2398	2398	economically depressed or blighted area, as defined by Section
2399	2399	2306.004, or in an enterprise zone designated under Chapter 2303.
2400	2400	(d) This section and Section 1372.063 do not give a priority
2401	2401	to any project described by Subsection (b) for the purpose of
2402	2402	selecting projects for reservations under Section 1372.022(b).
2403	2403	(e) The Texas Economic Development Bank is subject to
2404	2404	Section 1201.027(d).
2405	2405	SECTION 11.018. Section 2054.055(b), Government Code, as
2406	2406	amended by Chapters 394 (S.B. 757), 691 (H.B. 1788), and 1208 (H.B.
2407	2407	1789), Acts of the 80th Legislature, Regular Session, 2007, is
2408	2408	reenacted and amended to read as follows:
2409	2409	(b) The report must:
2410	2410	(1) assess the progress made toward meeting the goals
2411	2411	and objectives of the state strategic plan for information
2412	2412	resources management;
2413	2413	(2) describe major accomplishments of the state or a
2414	2414	specific state agency in information resources management;
2415	2415	(3) describe major problems in information resources
2416	2416	management confronting the state or a specific state agency;
2417	2417	(4) provide a summary of the total expenditures for
2418	2418	information resources and information resources technologies by
2419	2419	the state;
2420	2420	(5) make recommendations for improving the
2421	2421	effectiveness and cost-efficiency of the state's use of information
2422	2422	resources;
2423	2423	(6) describe the status, progress, benefits, and
2424	2424	efficiency gains of the TexasOnline project, including any
2425	2425	significant issues regarding contract performance;
2426	2426	(7) provide a financial summary of the TexasOnline
2427	2427	project, including project costs and revenues;
2428	2428	(8) provide a summary of the amount and use of
2429	2429	Internet-based training conducted by each state agency and
2430	2430	institution of higher education; [and]
2431	2431	(9) provide a summary of agency and statewide results
2432	2432	in providing access to electronic and information resources to
2433	2433	individuals with disabilities as required by Subchapter M; and
2434	2434	(10) [(7)] assess the progress made toward
2435	2435	accomplishing the goals of the plan for a state telecommunications
2436	2436	network and developing a system of telecommunications services as
2437	2437	provided by Subchapter H.
2438	2438	SECTION 11.019. Section 2054.092(b), Government Code, as
2439	2439	amended by Chapters 394 (S.B. 757) and 691 (H.B. 1788), Acts of the
2440	2440	80th Legislature, Regular Session, 2007, is reenacted and amended
2441	2441	to read as follows:
2442	2442	(b) The plan must:
2443	2443	(1) provide a strategic direction for information
2444	2444	resources management in state government for the five fiscal years
2445	2445	following adoption of the plan;
2446	2446	(2) outline a state information architecture that
2447	2447	contains a logically consistent set of principles, policies, and
2448	2448	standards to guide the engineering of state government's
2449	2449	information technology systems and infrastructure in a way that
2450	2450	ensures compatibility and alignment with state government's needs;
2451	2451	(3) designate and report on critical electronic
2452	2452	government projects to be directed by the department, including a
2453	2453	project for electronic purchasing;
2454	2454	(4) provide information about best practices to assist
2455	2455	state agencies in adopting effective information management
2456	2456	methods, including the design, deployment, and management of
2457	2457	information resources projects, cost-benefit analyses, and staff
2458	2458	reengineering methods to take full advantage of technological
2459	2459	advancements;
2460	2460	(5) provide long-range policy guidelines for
2461	2461	information resources in state government, including the
2462	2462	implementation of national, international, and department
2463	2463	standards for information resources technologies;
2464	2464	(6) identify major issues faced by state agencies
2465	2465	related to the acquisition of computer hardware, computer software,
2466	2466	and information resources technology services and develop a
2467	2467	statewide approach to address the issues, including:
2468	2468	(A) developing performance measures for
2469	2469	purchasing and contracting; and
2470	2470	(B) identifying opportunities to reuse computer
2471	2471	software code purchased with public funds; [and]
2472	2472	(7) identify priorities for:
2473	2473	(A) the implementation of information resources
2474	2474	technologies according to the relative economic and social impact
2475	2475	on the state; and
2476	2476	(B) return on investment and cost-benefit
2477	2477	analysis strategies; and
2478	2478	(8) [(9)] provide information about best practices to
2479	2479	assist state agencies in adopting methods for design, deployment,
2480	2480	and management of telecommunications services.
2481	2481	SECTION 11.020. Section 2054.096(a), Government Code, as
2482	2482	amended by Chapter 645 (H.B. 921), Acts of the 80th Legislature,
2483	2483	Regular Session, 2007, is repealed to conform to the repeal of
2484	2484	Section 2054.096, Government Code, by Chapter 691 (H.B. 1788), Acts
2485	2485	of the 80th Legislature, Regular Session, 2007, a later enactment.
2486	2486	SECTION 11.021. Sections 2054.304(b) and (c), Government
2487	2487	Code, as amended by Chapters 937 (H.B. 3560) and 1081 (H.B. 2918),
2488	2488	Acts of the 80th Legislature, Regular Session, 2007, are reenacted
2489	2489	to read as follows:
2490	2490	(b) Except as provided by Subsection (c), the state agency
2491	2491	must file the project plan with the quality assurance team and the
2492	2492	department before the agency:
2493	2493	(1) spends more than 10 percent of allocated funds for
2494	2494	the project or major contract; or
2495	2495	(2) first issues a vendor solicitation for the project
2496	2496	or contract.
2497	2497	(c) Unless the project plan has been filed under this
2498	2498	section:
2499	2499	(1) a vendor solicitation may not be issued for the
2500	2500	project or major contract; and
2501	2501	(2) the agency may not post a vendor solicitation for
2502	2502	the project or contract in the state business daily under Section
2503	2503	2155.083.
2504	2504	SECTION 11.022. Section 2155.068(d), Government Code, as
2505	2505	amended by Chapters 262 (S.B. 12) and 939 (H.B. 3693), Acts of the
2506	2506	80th Legislature, Regular Session, 2007, is reenacted to read as
2507	2507	follows:
2508	2508	(d) As part of the standards and specifications program, the
2509	2509	commission shall:
2510	2510	(1) review contracts for opportunities to recycle
2511	2511	waste produced at state buildings;
2512	2512	(2) develop and update a list of equipment and
2513	2513	appliances that meet the energy efficiency standards provided by
2514	2514	Section 2158.301; and
2515	2515	(3) assist state agencies in selecting products under
2516	2516	Section 2158.301, as appropriate.
2517	2517	SECTION 11.023. Section 2264.001(1), Government Code, as
2518	2518	added by Chapter 853 (H.B. 1196), Acts of the 80th Legislature,
2519	2519	Regular Session, 2007, is amended to correct a reference to read as
2520	2520	follows:
2521	2521	(1) "Economic development corporation" means a
2522	2522	development corporation organized under Subtitle C1, Title 12,
2523	2523	Local Government Code [the Development Corporation Act of 1979
2524	2524	(Article 5190.6, Vernon's Texas Civil Statutes)].
2525	2525	SECTION 11.024. Section 2306.1076(b), Government Code, as
2526	2526	added by Chapters 1029 (H.B. 1637) and 1341 (S.B. 1908), Acts of the
2527	2527	80th Legislature, Regular Session, 2007, is reenacted to read as
2528	2528	follows:
2529	2529	(b) In addition to funds set aside for the program under
2530	2530	Section 1372.023, the department may solicit and accept funding for
2531	2531	the program from gifts and grants for the purposes of this section.
2532	2532	SECTION 11.025. Sections 2306.553(a) and (b), Government
2533	2533	Code, as amended by Chapters 455 (H.B. 618), 544 (S.B. 1185), and
2534	2534	1108 (H.B. 3552), Acts of the 80th Legislature, Regular Session,
2535	2535	2007, are reenacted to read as follows:
2536	2536	(a) The public purpose of the corporation is to perform
2537	2537	activities and services that the corporation's board of directors
2538	2538	determines will promote the public health, safety, and welfare
2539	2539	through the provision of adequate, safe, and sanitary housing
2540	2540	primarily for individuals and families of low, very low, and
2541	2541	extremely low income and for persons who are eligible for loans
2542	2542	under the home loan programs provided by Sections 2306.562 and
2543	2543	2306.5621. The activities and services shall include engaging in
2544	2544	mortgage banking activities and lending transactions and
2545	2545	acquiring, holding, selling, or leasing real or personal property.
2546	2546	(b) The corporation's primary public purpose is to
2547	2547	facilitate the provision of housing by issuing qualified 501(c)(3)
2548	2548	bonds and qualified residential rental project bonds and by making
2549	2549	affordable loans to individuals and families of low, very low, and
2550	2550	extremely low income and to persons who are eligible for loans under
2551	2551	the home loan programs provided by Sections 2306.562 and
2552	2552	2306.5621. The corporation may make first lien, single family
2553	2553	purchase money mortgage loans for single family homes only to
2554	2554	individuals and families of low, very low, and extremely low income
2555	2555	if the individual's or family's household income is not more than
2556	2556	the greater of 60 percent of the median income for the state, as
2557	2557	defined by the United States Department of Housing and Urban
2558	2558	Development, or 60 percent of the area median family income,
2559	2559	adjusted for family size, as defined by that department. The
2560	2560	corporation may make loans for multifamily developments if:
2561	2561	(1) at least 40 percent of the units in a multifamily
2562	2562	development are affordable to individuals and families with incomes
2563	2563	at or below 60 percent of the median family income, adjusted for
2564	2564	family size; or
2565	2565	(2) at least 20 percent of the units in a multifamily
2566	2566	development are affordable to individuals and families with incomes
2567	2567	at or below 50 percent of the median family income, adjusted for
2568	2568	family size.
2569	2569	PART B. UPDATE OF COURT FEES
2570	2570	SECTION 11.101. (a) Section 101.021, Government Code, is
2571	2571	amended to read as follows:
2572	2572	Sec. 101.021. SUPREME COURT FEES AND COSTS: GOVERNMENT
2573	2573	CODE. The clerk of the supreme court shall collect fees and costs
2574	2574	as follows:
2575	2575	(1) application for writ of error (Sec. 51.005,
2576	2576	Government Code) . . . $50;
2577	2577	(2) additional fee if application for writ of error is
2578	2578	granted (Sec. 51.005, Government Code) . . . $75;
2579	2579	(3) motion for leave to file petition for writ of
2580	2580	mandamus, prohibition, injunction, and other similar proceedings
2581	2581	originating in the supreme court (Sec. 51.005, Government Code)
2582	2582	. . . $50;
2583	2583	(4) additional fee if a motion under Subdivision (3)
2584	2584	is granted (Sec. 51.005, Government Code) . . . $75;
2585	2585	(5) certified question from a court of appeals to the
2586	2586	supreme court (Sec. 51.005, Government Code) . . . $75;
2587	2587	(6) case appealed to the supreme court from the
2588	2588	district court by direct appeal (Sec. 51.005, Government Code)
2589	2589	. . . $100;
2590	2590	(7) any other proceeding filed in the supreme court
2591	2591	(Sec. 51.005, Government Code) . . . $75;
2592	2592	(8) administering an oath and giving a sealed
2593	2593	certificate of the oath (Sec. 51.005, Government Code) . . . $5;
2594	2594	(9) making certain copies, including certificate and
2595	2595	seal (Sec. 51.005, Government Code) . . . $5, or $0.50 per page if
2596	2596	more than 10 pages;
2597	2597	(10) any official service performed by the clerk for
2598	2598	which a fee is not otherwise provided (Sec. 51.005, Government
2599	2599	Code) . . . reasonable amount set by order or rule of supreme court;
2600	2600	(10-a) supreme court support account filing fee (Sec.
2601	2601	51.0051, Government Code) . . . amount set by the supreme court,
2602	2602	not to exceed $50;
2603	2603	(11) issuance of attorney's license or certificate
2604	2604	(Sec. 51.006, Government Code) . . . $10; and
2605	2605	(12) additional filing fee to fund civil legal
2606	2606	services for the indigent (Sec. 51.941, Government Code) . . . $25.
2607	2607	(b) Section 101.022, Government Code, is repealed.
2608	2608	SECTION 11.102. (a) Section 101.041, Government Code, is
2609	2609	amended to read as follows:
2610	2610	Sec. 101.041. COURT OF APPEALS FEES AND COSTS: GOVERNMENT
2611	2611	CODE. The clerk of a court of appeals shall collect fees and costs
2612	2612	as follows:
2613	2613	(1) for cases appealed to and filed in the court of
2614	2614	appeals from the district and county courts within its court of
2615	2615	appeals district (Sec. 51.207, Government Code) . . . $100;
2616	2616	(2) motion for leave to file petition for writ of
2617	2617	mandamus, prohibition, injunction, and other similar proceedings
2618	2618	originating in the court of appeals (Sec. 51.207, Government Code)
2619	2619	. . . $50;
2620	2620	(3) additional fee if the motion under Subdivision (2)
2621	2621	is granted (Sec. 51.207, Government Code) . . . $75;
2622	2622	(4) motion to file or to extend time to file record on
2623	2623	appeal from district or county court (Sec. 51.207, Government Code)
2624	2624	. . . $10;
2625	2625	(5) administering an oath and giving a sealed
2626	2626	certificate of oath (Sec. 51.207, Government Code) . . . $5;
2627	2627	(6) certified copy of papers of record in court
2628	2628	offices, including certificate and seal (Sec. 51.207, Government
2629	2629	Code) . . . $5, or $1 per page if more than five pages;
2630	2630	(7) comparing any document with the original filed in
2631	2631	the offices of the court for purposes of certification (Sec.
2632	2632	51.207, Government Code) . . . $5, or $1 per page if more than five
2633	2633	pages;
2634	2634	(8) any official service performed by the clerk for
2635	2635	which a fee is not otherwise provided (Sec. 51.207, Government
2636	2636	Code) . . . a reasonable fee set by the order or rule of the supreme
2637	2637	court;
2638	2638	(8-a) supreme court support account filing fee (Sec.
2639	2639	51.208, Government Code) . . . amount set by the supreme court, not
2640	2640	to exceed $50; and
2641	2641	(9) additional filing fee to fund civil legal services
2642	2642	for the indigent (Sec. 51.941, Government Code) . . . $25.
2643	2643	(b) Section 101.042, Government Code, is repealed.
2644	2644	SECTION 11.103. (a) Section 101.0611, Government Code, is
2645	2645	amended to conform to the amendments made to Section 101.061,
2646	2646	Government Code, by Chapters 637 (H.B. 764) and 1342 (S.B. 1951),
2647	2647	Acts of the 80th Legislature, Regular Session, 2007, and to conform
2648	2648	to Chapter 26 (S.B. 325), Acts of the 80th Legislature, Regular
2649	2649	Session, 2007, and is further amended to read as follows:
2650	2650	Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT
2651	2651	CODE. The clerk of a district court shall collect fees and costs
2652	2652	under the Government Code as follows:
2653	2653	(1) appellate judicial system filing fees for:
2654	2654	(A) First or Fourteenth Court of Appeals District
2655	2655	(Sec. 22.2021, Government Code) . . . not more than $5;
2656	2656	(B) Second Court of Appeals District (Sec.
2657	2657	22.2031, Government Code) . . . not more than $5;
2658	2658	(C) Third Court of Appeals District (Sec.
2659	2659	22.2041, Government Code) . . . $5;
2660	2660	(D) Fourth Court of Appeals District (Sec.
2661	2661	22.2051, Government Code) . . . not more than $5;
2662	2662	(E) Fifth Court of Appeals District (Sec.
2663	2663	22.2061, Government Code) . . . not more than $5;
2664	2664	(F) Ninth Court of Appeals District (Sec.
2665	2665	22.2101, Government Code) . . . $5;
2666	2666	(G) Eleventh Court of Appeals District (Sec.
2667	2667	22.2121, Government Code) . . . $5; and
2668	2668	(H) [(G)] Thirteenth Court of Appeals District
2669	2669	(Sec. 22.2141, Government Code) . . . not more than $5;
2670	2670	(2) when administering a case for the Rockwall County
2671	2671	Court at Law (Sec. 25.2012, Government Code) . . . civil fees and
2672	2672	court costs as if the case had been filed in district court;
2673	2673	(3) additional filing fees:
2674	2674	(A) for each suit filed for insurance contingency
2675	2675	fund, if authorized by the county commissioners court (Sec. 51.302,
2676	2676	Government Code) . . . not to exceed $5; [and]
2677	2677	(B) to fund the improvement of Dallas County
2678	2678	civil court facilities, if authorized by the county commissioners
2679	2679	court (Sec. 51.705, Government Code) . . . not more than $15; and
2680	2680	(C) to fund the improvement of Hays County court
2681	2681	facilities, if authorized by the county commissioners court (Sec.
2682	2682	51.707, Government Code) . . . not more than $15;
2683	2683	(4) for filing a suit, including an appeal from an
2684	2684	inferior court:
2685	2685	(A) for a suit with 10 or fewer plaintiffs (Sec.
2686	2686	51.317, Government Code) . . . $50;
2687	2687	(B) for a suit with at least 11 but not more than
2688	2688	25 plaintiffs (Sec. 51.317, Government Code) . . . $75;
2689	2689	(C) for a suit with at least 26 but not more than
2690	2690	100 plaintiffs (Sec. 51.317, Government Code) . . . $100;
2691	2691	(D) for a suit with at least 101 but not more than
2692	2692	500 plaintiffs (Sec. 51.317, Government Code) . . . $125;
2693	2693	(E) for a suit with at least 501 but not more than
2694	2694	1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or
2695	2695	(F) for a suit with more than 1,000 plaintiffs
2696	2696	(Sec. 51.317, Government Code) . . . $200;
2697	2697	(5) for filing a cross-action, counterclaim,
2698	2698	intervention, contempt action, motion for new trial, or third-party
2699	2699	petition (Sec. 51.317, Government Code) . . . $15;
2700	2700	(6) for issuing a citation or other writ or process not
2701	2701	otherwise provided for, including one copy, when requested at the
2702	2702	time a suit or action is filed (Sec. 51.317, Government Code) . . .
2703	2703	$8;
2704	2704	(7) for records management and preservation (Sec.
2705	2705	51.317, Government Code) . . . $10;
2706	2706	(8) for issuing a subpoena, including one copy (Sec.
2707	2707	51.318, Government Code) . . . $8;
2708	2708	(9) for issuing a citation, commission for deposition,
2709	2709	writ of execution, order of sale, writ of execution and order of
2710	2710	sale, writ of injunction, writ of garnishment, writ of attachment,
2711	2711	or writ of sequestration not provided for in Section 51.317, or any
2712	2712	other writ or process not otherwise provided for, including one
2713	2713	copy if required by law (Sec. 51.318, Government Code) . . . $8;
2714	2714	(10) for searching files or records to locate a cause
2715	2715	when the docket number is not provided (Sec. 51.318, Government
2716	2716	Code) . . . $5;
2717	2717	(11) for searching files or records to ascertain the
2718	2718	existence of an instrument or record in the district clerk's office
2719	2719	(Sec. 51.318, Government Code) . . . $5;
2720	2720	(12) for abstracting a judgment (Sec. 51.318,
2721	2721	Government Code) . . . $8;
2722	2722	(13) for approving a bond (Sec. 51.318, Government
2723	2723	Code) . . . $4;
2724	2724	(14) for a certified copy of a record, judgment,
2725	2725	order, pleading, or paper on file or of record in the district
2726	2726	clerk's office, including certificate and seal, for each page or
2727	2727	part of a page (Sec. 51.318, Government Code) . . . $1;
2728	2728	(15) for a noncertified copy, for each page or part of
2729	2729	a page (Sec. 51.318, Government Code) . . . not to exceed $1;
2730	2730	(16) fee for performing a service:
2731	2731	(A) related to the matter of the estate of a
2732	2732	deceased person (Sec. 51.319, Government Code) . . . the same fee
2733	2733	allowed the county clerk for those services;
2734	2734	(B) related to the matter of a minor (Sec.
2735	2735	51.319, Government Code) . . . the same fee allowed the county
2736	2736	clerk for the service;
2737	2737	(C) of serving process by certified or registered
2738	2738	mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or
2739	2739	constable is authorized to charge for the service under Section
2740	2740	118.131, Local Government Code; and
2741	2741	(D) prescribed or authorized by law but for which
2742	2742	no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee;
2743	2743	(17) jury fee (Sec. 51.604, Government Code) . . .
2744	2744	$30;
2745	2745	(18) additional filing fee for family protection on
2746	2746	filing a suit for dissolution of a marriage under Chapter 6, Family
2747	2747	Code[, if authorized by the county commissioners court] (Sec.
2748	2748	51.961, Government Code) . . . not to exceed $15 [$30];
2749	2749	(19) at a hearing held by an associate judge in Dallas
2750	2750	County, a court cost to preserve the record, in the absence of a
2751	2751	court reporter, by other means (Sec. 54.509, Government Code) . . .
2752	2752	as assessed by the referring court or associate judge; and
2753	2753	(20) at a hearing held by an associate judge in Duval
2754	2754	County, a court cost to preserve the record (Sec. 54.1151,
2755	2755	Government Code) . . . as imposed by the referring court or
2756	2756	associate judge.
2757	2757	(b) Section 101.061, Government Code, as amended by
2758	2758	Chapters 637 (H.B. 764) and 1342 (S.B. 1951), Acts of the 80th
2759	2759	Legislature, Regular Session, 2007, is repealed. Section 101.061,
2760	2760	Government Code, as amended by Chapter 921 (H.B. 3167), Acts of the
2761	2761	80th Legislature, Regular Session, 2007, to reorganize and renumber
2762	2762	that section, continues in effect.
2763	2763	SECTION 11.104. (a) Section 101.0615, Government Code, is
2764	2764	amended to conform to the amendments made to Section 101.062,
2765	2765	Government Code, by Chapter 1301 (S.B. 600), Acts of the 80th
2766	2766	Legislature, Regular Session, 2007, to read as follows:
2767	2767	Sec. 101.0615. DISTRICT COURT FEES AND COSTS: LOCAL
2768	2768	GOVERNMENT CODE. The clerk of a district court shall collect fees
2769	2769	and costs under the Local Government Code as follows:
2770	2770	(1) additional filing fees:
2771	2771	(A) for each civil suit filed, for court-related
2772	2772	purposes for the support of the judiciary and for civil legal
2773	2773	services to an indigent:
2774	2774	(i) for family law cases and proceedings as
2775	2775	defined by Section 25.0002, Government Code (Sec. 133.151, Local
2776	2776	Government Code) . . . $45; or
2777	2777	(ii) for any case other than a case
2778	2778	described by Subparagraph (i) (Sec. 133.151, Local Government Code)
2779	2779	. . . $50; and
2780	2780	(B) on the filing of any civil action or
2781	2781	proceeding requiring a filing fee, including an appeal, and on the
2782	2782	filing of any counterclaim, cross-action, intervention,
2783	2783	interpleader, or third-party action requiring a filing fee, to fund
2784	2784	civil legal services for the indigent:
2785	2785	(i) for family law cases and proceedings as
2786	2786	defined by Section 25.0002, Government Code (Sec. 133.152, Local
2787	2787	Government Code) . . . $5; or
2788	2788	(ii) for any case other than a case
2789	2789	described by Subparagraph (i) (Sec. 133.152, Local Government Code)
2790	2790	. . . $10;
2791	2791	(2) additional filing fee to fund the courthouse
2792	2792	security fund, if authorized by the county commissioners court
2793	2793	(Sec. 291.008, Local Government Code) . . . not to exceed $5;
2794	2794	(3) additional filing fee for filing documents not
2795	2795	subject to certain filing fees to fund the courthouse security
2796	2796	fund, if authorized by the county commissioners court (Sec.
2797	2797	291.008, Local Government Code) . . . $1;
2798	2798	(4) additional filing fee to fund the courthouse
2799	2799	security fund in Webb County, if authorized by the county
2800	2800	commissioners court (Sec. 291.009, Local Government Code) . . . not
2801	2801	to exceed $20;
2802	2802	(5) court cost in civil cases other than suits for
2803	2803	delinquent taxes to fund the county law library fund, if authorized
2804	2804	by the county commissioners court (Sec. 323.023, Local Government
2805	2805	Code) . . . not to exceed $35; and
2806	2806	(6) on the filing of a civil suit, an additional filing
2807	2807	fee to be used for court-related purposes for the support of the
2808	2808	judiciary (Sec. 133.154, Local Government Code) . . . $42 [$37].
2809	2809	(b) Section 101.062, Government Code, is repealed.
2810	2810	SECTION 11.105. Section 101.0616, Government Code, is
2811	2811	amended to conform to Chapter 614 (H.B. 417), Acts of the 80th
2812	2812	Legislature, Regular Session, 2007, to read as follows:
2813	2813	Sec. 101.0616. DISTRICT COURT FEES AND COSTS: TEXAS
2814	2814	PROBATE CODE. The clerk of a district court shall collect fees and
2815	2815	costs under the Texas Probate Code as follows:
2816	2816	(1) security deposit on filing, by any person other
2817	2817	than the personal representative of an estate, an application,
2818	2818	complaint, or opposition in relation to the estate, if required by
2819	2819	the clerk (Sec. 12, Texas Probate Code) . . . probable cost of the
2820	2820	proceeding; [and]
2821	2821	(2) security deposit on filing, by any person other
2822	2822	than the guardian, attorney ad litem, or guardian ad litem, an
2823	2823	application, complaint, or opposition in relation to a guardianship
2824	2824	matter, if required by the clerk (Sec. 622, Texas Probate Code)
2825	2825	. . . probable cost of the guardianship proceeding; and
2826	2826	(3) costs for attorney ad litem appointed to pursue
2827	2827	the restoration of a ward's capacity or modification of the ward's
2828	2828	guardianship (Secs. 694C and 694L, Texas Probate Code) . . .
2829	2829	reasonable compensation.
2830	2830	SECTION 11.106. (a) Section 101.0811, Government Code, is
2831	2831	amended to conform to the amendments made to Section 101.081,
2832	2832	Government Code, by Chapters 1301 (S.B. 600) and 1342 (S.B. 1951),
2833	2833	Acts of the 80th Legislature, Regular Session, 2007, and to conform
2834	2834	to Chapter 26 (S.B. 325), Acts of the 80th Legislature, Regular
2835	2835	Session, 2007, to read as follows:
2836	2836	Sec. 101.0811. STATUTORY COUNTY COURT FEES AND COSTS:
2837	2837	GOVERNMENT CODE. The clerk of a statutory county court shall
2838	2838	collect fees and costs under the Government Code as follows:
2839	2839	(1) appellate judicial system filing fees:
2840	2840	(A) First or Fourteenth Court of Appeals District
2841	2841	(Sec. 22.2021, Government Code) . . . not more than $5;
2842	2842	(B) Second Court of Appeals District (Sec.
2843	2843	22.2031, Government Code) . . . not more than $5;
2844	2844	(C) Third Court of Appeals District (Sec.
2845	2845	22.2041, Government Code) . . . $5;
2846	2846	(D) Fourth Court of Appeals District (Sec.
2847	2847	22.2051, Government Code) . . . not more than $5;
2848	2848	(E) Fifth Court of Appeals District (Sec.
2849	2849	22.2061, Government Code) . . . not more than $5;
2850	2850	(F) Ninth Court of Appeals District (Sec.
2851	2851	22.2101, Government Code) . . . $5;
2852	2852	(G) Eleventh Court of Appeals District (Sec.
2853	2853	22.2121, Government Code) . . . $5; and
2854	2854	(H) [(G)] Thirteenth Court of Appeals District
2855	2855	(Sec. 22.2141, Government Code) . . . not more than $5;
2856	2856	(2) an official court reporter fee, County Court at
2857	2857	Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . . $3;
2858	2858	(3) in Brazoria County, in matters of concurrent
2859	2859	jurisdiction with the district court, fees (Sec. 25.0222,
2860	2860	Government Code) . . . as prescribed by law for district judges
2861	2861	according to the nature of the matter;
2862	2862	(4) a court reporter fee when testimony is taken in a
2863	2863	county court at law in McLennan County (Sec. 25.1572, Government
2864	2864	Code) . . . $3;
2865	2865	(5) a stenographer fee, if a record or part of a record
2866	2866	is made:
2867	2867	(A) in a county court at law in Hidalgo County
2868	2868	(Sec. 25.1102, Government Code) . . . $20; and
2869	2869	(B) in a county court at law in Nolan County (Sec.
2870	2870	25.1792, Government Code) . . . $25;
2871	2871	(6) jury fee (Sec. 51.604, Government Code) . . . $22;
2872	2872	(7) an additional filing fee:
2873	2873	(A) for each civil case filed to be used for
2874	2874	court-related purposes for the support of the judiciary [, if
2875	2875	authorized by the county commissioners court] (Sec. 51.702,
2876	2876	Government Code) . . . $40; [and]
2877	2877	(B) to fund the improvement of Dallas County
2878	2878	civil court facilities, if authorized by the county commissioners
2879	2879	court (Sec. 51.705, Government Code) . . . not more than $15; and
2880	2880	(C) to fund the improvement of Hays County court
2881	2881	facilities, if authorized by the county commissioners court (Sec.
2882	2882	51.707, Government Code) . . . not more than $15;
2883	2883	(8) the official court reporter's fee taxed as costs in
2884	2884	civil actions in a statutory county court:
2885	2885	(A) in Bexar County Courts at Law:
2886	2886	(i) Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12
2887	2887	(Sec. 25.0172, Government Code) . . . taxed in the same manner as
2888	2888	the fee is taxed in district court; and
2889	2889	(ii) No. 2 (Sec. 25.0172, Government Code)
2890	2890	. . . $3;
2891	2891	(B) in Galveston County (Sec. 25.0862,
2892	2892	Government Code) . . . taxed in the same manner as the fee is taxed
2893	2893	in civil cases in the district courts; and
2894	2894	(C) in Parker County (Sec. 25.1862, Government
2895	2895	Code) . . . taxed in the same manner as the fee is taxed in civil
2896	2896	cases in the district courts;
2897	2897	(9) a stenographer's fee as costs in each civil,
2898	2898	criminal, and probate case in which a record is made by the official
2899	2899	court reporter in a statutory county court in Nolan County (Sec.
2900	2900	25.1792, Government Code) . . . $25;
2901	2901	(10) in Nueces County, in matters of concurrent
2902	2902	jurisdiction with the district court, with certain exceptions, fees
2903	2903	(Sec. 25.1802, Government Code) . . . equal to those in district
2904	2904	court cases; and
2905	2905	(11) a fee not otherwise listed in this subchapter
2906	2906	that is required to be collected under Section 25.0008, Government
2907	2907	Code, in a county other than Brazos, Cameron, Ellis, Guadalupe,
2908	2908	Harris, Henderson, Liberty, Moore, Nolan, Panola, Parker, Starr,
2909	2909	Victoria, and Williamson . . . as prescribed by law relating to
2910	2910	county judges' fees.
2911	2911	(b) Section 101.0814, Government Code, is amended to
2912	2912	conform to the amendments made to Section 101.081, Government Code,
2913	2913	by Chapter 399 (S.B. 819), Acts of the 80th Legislature, Regular
2914	2914	Session, 2007, and to conform to the amendments made to Section
2915	2915	101.083, Government Code, by Chapter 1301 (S.B. 600), Acts of the
2916	2916	80th Legislature, Regular Session, 2007, and is further amended to
2917	2917	read as follows:
2918	2918	Sec. 101.0814. STATUTORY COUNTY COURT FEES AND COSTS: LOCAL
2919	2919	GOVERNMENT CODE. The clerk of a statutory county court shall
2920	2920	collect fees and costs under the Local Government Code as follows:
2921	2921	(1) additional filing fee to fund contingency fund for
2922	2922	liability insurance, if authorized by the county commissioners
2923	2923	court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
2924	2924	(2) civil court actions (Sec. 118.052, Local
2925	2925	Government Code):
2926	2926	(A) filing of original action (Secs. 118.052 and
2927	2927	118.053, Local Government Code):
2928	2928	(i) garnishment after judgment (Sec.
2929	2929	118.052, Local Government Code) . . . $15; and
2930	2930	(ii) all others (Sec. 118.052, Local
2931	2931	Government Code) . . . $40;
2932	2932	(B) filing of action other than original (Secs.
2933	2933	118.052 and 118.054, Local Government Code) . . . $30; and
2934	2934	(C) services rendered after judgment in original
2935	2935	action (Secs. 118.052 and 118.0545, Local Government Code):
2936	2936	(i) abstract of judgment (Sec. 118.052,
2937	2937	Local Government Code) . . . $5; and
2938	2938	(ii) execution, order of sale, writ, or
2939	2939	other process (Sec. 118.052, Local Government Code) . . . $5;
2940	2940	(3) probate court actions (Sec. 118.052, Local
2941	2941	Government Code):
2942	2942	(A) probate original action (Secs. 118.052 and
2943	2943	118.055, Local Government Code):
2944	2944	(i) probate of a will with independent
2945	2945	executor, administration with will attached, administration of an
2946	2946	estate, guardianship or receivership of an estate, or muniment of
2947	2947	title (Sec. 118.052, Local Government Code) . . . $40;
2948	2948	(ii) community survivors (Sec. 118.052,
2949	2949	Local Government Code) . . . $40;
2950	2950	(iii) small estates (Sec. 118.052, Local
2951	2951	Government Code) . . . $40;
2952	2952	(iv) declarations of heirship (Sec.
2953	2953	118.052, Local Government Code) . . . $40;
2954	2954	(v) mental health or chemical dependency
2955	2955	services (Sec. 118.052, Local Government Code) . . . $40; and
2956	2956	(vi) additional, special fee (Secs. 118.052
2957	2957	and 118.064, Local Government Code) . . . $5;
2958	2958	(B) services in pending probate action (Secs.
2959	2959	118.052 and 118.056, Local Government Code):
2960	2960	(i) filing an inventory and appraisement
2961	2961	(Secs. [after the 120th day after the date of the initial filing of
2962	2962	the action (Sec.] 118.052 and 118.056(d), Local Government Code)
2963	2963	. . . $25;
2964	2964	(ii) approving and recording bond (Sec.
2965	2965	118.052, Local Government Code) . . . $3;
2966	2966	(iii) administering oath (Sec. 118.052,
2967	2967	Local Government Code) . . . $2;
2968	2968	(iv) filing annual or final account of
2969	2969	estate (Sec. 118.052, Local Government Code) . . . $25;
2970	2970	(v) filing application for sale of real or
2971	2971	personal property (Sec. 118.052, Local Government Code) . . . $25;
2972	2972	(vi) filing annual or final report of
2973	2973	guardian of a person (Sec. 118.052, Local Government Code) . . .
2974	2974	$10; and
2975	2975	(vii) filing a document not listed under
2976	2976	this paragraph after the filing of an order approving the inventory
2977	2977	and appraisement or after the 120th day after the date of the
2978	2978	initial filing of the action, whichever occurs first (Secs. 118.052
2979	2979	and 191.007, Local Government Code), if more than 25 pages . . .
2980	2980	$25;
2981	2981	(C) adverse probate action (Secs. 118.052 and
2982	2982	118.057, Local Government Code) . . . $40; [and]
2983	2983	(D) claim against estate (Secs. 118.052 and
2984	2984	118.058, Local Government Code) . . . $2; and
2985	2985	(E) supplemental court-initiated guardianship
2986	2986	fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20;
2987	2987	(4) other fees (Sec. 118.052, Local Government Code):
2988	2988	(A) issuing document (Secs. 118.052 and 118.059,
2989	2989	Local Government Code):
2990	2990	(i) original document and one copy (Sec.
2991	2991	118.052, Local Government Code) . . . $4; and
2992	2992	(ii) each additional set of an original and
2993	2993	one copy (Sec. 118.052, Local Government Code) . . . $4;
2994	2994	(B) certified papers (Secs. 118.052 and 118.060,
2995	2995	Local Government Code):
2996	2996	(i) for the clerk's certificate (Sec.
2997	2997	118.052, Local Government Code) . . . $5; and
2998	2998	(ii) a fee per page or part of a page (Sec.
2999	2999	118.052, Local Government Code) . . . $1;
3000	3000	(C) noncertified papers, for each page or part of
3001	3001	a page (Secs. 118.052 and 118.0605, Local Government Code) . . .
3002	3002	$1;
3003	3003	(D) letters testamentary, letter of
3004	3004	guardianship, letter of administration, or abstract of judgment
3005	3005	(Secs. 118.052 and 118.061, Local Government Code) . . . $2;
3006	3006	(E) safekeeping of wills (Secs. 118.052 and
3007	3007	118.062, Local Government Code) . . . $5;
3008	3008	(F) mail service of process (Secs. 118.052 and
3009	3009	118.063, Local Government Code) . . . same as sheriff; and
3010	3010	(G) records management and preservation fee
3011	3011	(Secs. 118.052, 118.0546, and 118.0645, Local Government Code)
3012	3012	. . . $5;
3013	3013	(5) additional filing fee for filing any civil action
3014	3014	or proceeding requiring a filing fee, including an appeal, and on
3015	3015	the filing of any counterclaim, cross-action, intervention,
3016	3016	interpleader, or third-party action requiring a filing fee, to fund
3017	3017	civil legal services for the indigent (Sec. 133.153, Local
3018	3018	Government Code) . . . $5;
3019	3019	(6) on the filing of a civil suit, an additional filing
3020	3020	fee to be used for court-related purposes for the support of the
3021	3021	judiciary (Sec. 133.154, Local Government Code) . . . $42 [$37];
3022	3022	(7) additional filing fee to fund the courthouse
3023	3023	security fund, if authorized by the county commissioners court
3024	3024	(Sec. 291.008, Local Government Code) . . . not to exceed $5;
3025	3025	(8) additional filing fee for filing documents not
3026	3026	subject to certain filing fees to fund the courthouse security
3027	3027	fund, if authorized by the county commissioners court (Sec.
3028	3028	291.008, Local Government Code) . . . $1;
3029	3029	(9) additional filing fee to fund the courthouse
3030	3030	security fund in Webb County, if authorized by the county
3031	3031	commissioners court (Sec. 291.009, Local Government Code) . . . not
3032	3032	to exceed $20; and
3033	3033	(10) court cost in civil cases other than suits for
3034	3034	delinquent taxes to fund the county law library fund, if authorized
3035	3035	by the county commissioners court (Sec. 323.023, Local Government
3036	3036	Code) . . . not to exceed $35.
3037	3037	(c) Section 101.0815, Government Code, is amended to
3038	3038	conform to the amendments made to Section 101.081, Government Code,
3039	3039	by Chapter 275 (H.B. 290), Acts of the 80th Legislature, Regular
3040	3040	Session, 2007, and to conform to Chapter 614 (H.B. 417), Acts of the
3041	3041	80th Legislature, Regular Session, 2007, to read as follows:
3042	3042	Sec. 101.0815. STATUTORY COUNTY COURT FEES AND COSTS: TEXAS
3043	3043	PROBATE CODE. The clerk of a statutory county court shall collect
3044	3044	fees and costs under the Texas Probate Code as follows:
3045	3045	(1) fee for deposit of a will with the county clerk
3046	3046	during testator's lifetime (Sec. 71, Texas Probate Code) . . . $5
3047	3047	[$3];
3048	3048	(2) security deposit on filing, by any person other
3049	3049	than the personal representative of an estate, an application,
3050	3050	complaint, or opposition in relation to the estate, if required by
3051	3051	the clerk (Sec. 12, Texas Probate Code) . . . probable cost of the
3052	3052	proceeding; [and]
3053	3053	(3) security deposit on filing, by any person other
3054	3054	than the guardian, attorney ad litem, or guardian ad litem, an
3055	3055	application, complaint, or opposition in relation to a guardianship
3056	3056	matter, if required by the clerk (Sec. 622, Texas Probate Code)
3057	3057	. . . probable cost of the guardianship proceeding; and
3058	3058	(4) costs for attorney ad litem appointed to pursue
3059	3059	the restoration of a ward's capacity or modification of the ward's
3060	3060	guardianship (Secs. 694C and 694L, Texas Probate Code) . . .
3061	3061	reasonable compensation.
3062	3062	(d) Section 101.081, Government Code, as amended by
3063	3063	Chapters 275 (H.B. 290), 399 (S.B. 819), 1301 (S.B. 600), and 1342
3064	3064	(S.B. 1951), Acts of the 80th Legislature, Regular Session, 2007,
3065	3065	is repealed. Section 101.081, Government Code, as amended by
3066	3066	Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
3067	3067	Session, 2007, to reorganize and renumber that section, continues
3068	3068	in effect.
3069	3069	(e) Sections 101.0818 and 101.083, Government Code, are
3070	3070	repealed.
3071	3071	SECTION 11.107. (a) Section 101.1011, Government Code, is
3072	3072	amended to conform to the amendments made to Section 101.101,
3073	3073	Government Code, by Chapters 718 (H.B. 2359) and 1342 (S.B. 1951),
3074	3074	Acts of the 80th Legislature, Regular Session, 2007, and to conform
3075	3075	to Chapter 26 (S.B. 325), Acts of the 80th Legislature, Regular
3076	3076	Session, 2007, to read as follows:
3077	3077	Sec. 101.1011. STATUTORY PROBATE COURT FEES AND
3078	3078	COSTS: GOVERNMENT CODE. The clerk of a statutory probate court
3079	3079	shall collect fees and costs under the Government Code as follows:
3080	3080	(1) appellate judicial system filing fees:
3081	3081	(A) First or Fourteenth Court of Appeals District
3082	3082	(Sec. 22.2021, Government Code) . . . not more than $5;
3083	3083	(B) Second Court of Appeals District (Sec.
3084	3084	22.2031, Government Code) . . . not more than $5;
3085	3085	(C) Third Court of Appeals District (Sec.
3086	3086	22.2041, Government Code) . . . $5;
3087	3087	(D) Fourth Court of Appeals District (Sec.
3088	3088	22.2051, Government Code) . . . not more than $5;
3089	3089	(E) Fifth Court of Appeals District (Sec.
3090	3090	22.2061, Government Code) . . . not more than $5;
3091	3091	(F) Ninth Court of Appeals District (Sec.
3092	3092	22.2101, Government Code) . . . $5;
3093	3093	(G) Eleventh Court of Appeals District (Sec.
3094	3094	22.2121, Government Code) . . . $5; and
3095	3095	(H) [(G)] Thirteenth Court of Appeals District
3096	3096	(Sec. 22.2141, Government Code) . . . not more than $5;
3097	3097	(2) additional filing fees as follows:
3098	3098	(A) for certain cases to be used for
3099	3099	court-related purposes for support of the judiciary [, if
3100	3100	authorized by the county commissioners court] (Sec. 51.704,
3101	3101	Government Code) . . . $40; [and]
3102	3102	(B) to fund the improvement of Dallas County
3103	3103	civil court facilities, if authorized by the county commissioners
3104	3104	court (Sec. 51.705, Government Code) . . . not more than $15; and
3105	3105	(C) to fund the improvement of Hays County court
3106	3106	facilities, if authorized by the county commissioners court (Sec.
3107	3107	51.707, Government Code) . . . not more than $15;
3108	3108	(3) jury fee for civil case (Sec. 51.604, Government
3109	3109	Code) . . . $22;
3110	3110	(4) the expense of preserving the record as a court
3111	3111	cost, if imposed on a party by the referring court or associate
3112	3112	judge (Sec. 54.612, Government Code) . . . actual cost; and
3113	3113	(5) a fee not otherwise listed in this subchapter that
3114	3114	is required to be collected under Section 25.0029, Government Code
3115	3115	(Sec. 25.0029, Government Code) . . . as prescribed by law relating
3116	3116	to county judges' fees.
3117	3117	(b) Section 101.1013, Government Code, is amended to
3118	3118	conform to the amendments made to Section 101.101, Government Code,
3119	3119	by Chapter 399 (S.B. 819), Acts of the 80th Legislature, Regular
3120	3120	Session, 2007, and is further amended to read as follows:
3121	3121	Sec. 101.1013. STATUTORY PROBATE COURT FEES AND
3122	3122	COSTS: LOCAL GOVERNMENT CODE. The clerk of a statutory probate
3123	3123	court shall collect fees and costs under the Local Government Code
3124	3124	as follows:
3125	3125	(1) additional filing fee for filing any civil action
3126	3126	or proceeding requiring a filing fee, including an appeal, and on
3127	3127	the filing of any counterclaim, cross-action, intervention,
3128	3128	interpleader, or third-party action requiring a filing fee to fund
3129	3129	civil legal services for the indigent (Sec. 133.153, Local
3130	3130	Government Code). . . $5;
3131	3131	(2) additional filing fee to fund contingency fund for
3132	3132	liability insurance, if authorized by the county commissioners
3133	3133	court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
3134	3134	(3) probate court actions (Sec. 118.052, Local
3135	3135	Government Code):
3136	3136	(A) probate original action (Secs. 118.052 and
3137	3137	118.055, Local Government Code):
3138	3138	(i) probate of a will with independent
3139	3139	executor, administration with will attached, administration of an
3140	3140	estate, guardianship or receivership of an estate, or muniment of
3141	3141	title (Sec. 118.052, Local Government Code) . . . $40;
3142	3142	(ii) community survivors (Sec. 118.052,
3143	3143	Local Government Code) . . . $40;
3144	3144	(iii) small estates (Sec. 118.052, Local
3145	3145	Government Code) . . . $40;
3146	3146	(iv) declarations of heirship (Sec.
3147	3147	118.052, Local Government Code) . . . $40;
3148	3148	(v) mental health or chemical dependency
3149	3149	services (Sec. 118.052, Local Government Code) . . . $40; and
3150	3150	(vi) additional, special fee (Secs. 118.052
3151	3151	and 118.064, Local Government Code) . . . $5;
3152	3152	(B) services in pending probate action (Secs.
3153	3153	118.052 and 118.056, Local Government Code):
3154	3154	(i) filing an inventory and appraisement
3155	3155	(Secs. [after the 120th day after the date of the initial filing of
3156	3156	the action (Sec.] 118.052 and 118.056(d), Local Government Code)
3157	3157	. . . $25;
3158	3158	(ii) approving and recording bond (Sec.
3159	3159	118.052, Local Government Code) . . . $3;
3160	3160	(iii) administering oath (Sec. 118.052,
3161	3161	Local Government Code) . . . $2;
3162	3162	(iv) filing annual or final account of
3163	3163	estate (Sec. 118.052, Local Government Code). . . $25;
3164	3164	(v) filing application for sale of real or
3165	3165	personal property (Sec. 118.052, Local Government Code) . . . $25;
3166	3166	(vi) filing annual or final report of
3167	3167	guardian of a person (Sec. 118.052, Local Government Code) . . .
3168	3168	$10; and
3169	3169	(vii) filing a document not listed under
3170	3170	this paragraph after the filing of an order approving the inventory
3171	3171	and appraisement or after the 120th day after the date of the
3172	3172	initial filing of the action, whichever occurs first (Secs. 118.052
3173	3173	and 191.007, Local Government Code), if more than 25 pages . . .
3174	3174	$25;
3175	3175	(C) adverse probate action (Secs. 118.052 and
3176	3176	118.057, Local Government Code) . . . $40; [and]
3177	3177	(D) claim against estate (Secs. 118.052 and
3178	3178	118.058, Local Government Code) . . . $2; and
3179	3179	(E) supplemental court-initiated guardianship
3180	3180	fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20;
3181	3181	(4) other fees (Sec. 118.052, Local Government Code):
3182	3182	(A) issuing document (Secs. 118.052 and 118.059,
3183	3183	Local Government Code):
3184	3184	(i) original document and one copy (Sec.
3185	3185	118.052, Local Government Code) . . . $4; and
3186	3186	(ii) each additional set of an original and
3187	3187	one copy (Sec. 118.052, Local Government Code) . . . $4;
3188	3188	(B) certified papers (Secs. 118.052 and 118.060,
3189	3189	Local Government Code):
3190	3190	(i) for the clerk's certificate (Sec.
3191	3191	118.052, Local Government Code) . . . $5; and
3192	3192	(ii) a fee per page or part of a page (Sec.
3193	3193	118.052, Local Government Code) . . . $1;
3194	3194	(C) noncertified papers, for each page or part of
3195	3195	a page (Secs. 118.052 and 118.0605, Local Government Code) . . .
3196	3196	$1;
3197	3197	(D) letters testamentary, letter of
3198	3198	guardianship, letter of administration, or abstract of judgment
3199	3199	(Secs. 118.052 and 118.061, Local Government Code) . . . $2;
3200	3200	(E) safekeeping of wills (Secs. 118.052 and
3201	3201	118.062, Local Government Code) . . . $5;
3202	3202	(F) mail service of process (Secs. 118.052 and
3203	3203	118.063, Local Government Code) . . . same as sheriff; and
3204	3204	(G) records management and preservation fee
3205	3205	(Secs. 118.052 and 118.0645, Local Government Code) . . . $5; and
3206	3206	(5) court cost in civil cases other than suits for
3207	3207	delinquent taxes to fund the county law library fund, if authorized
3208	3208	by the county commissioners court (Sec. 323.023, Local Government
3209	3209	Code) . . . not to exceed $35.
3210	3210	(c) Section 101.1014, Government Code, is amended to
3211	3211	conform to the amendments made to Section 101.101, Government Code,
3212	3212	by Chapter 275 (H.B. 290), Acts of the 80th Legislature, Regular
3213	3213	Session, 2007, and to conform to Chapter 614 (H.B. 417), Acts of the
3214	3214	80th Legislature, Regular Session, 2007, to read as follows:
3215	3215	Sec. 101.1014. STATUTORY PROBATE COURT FEES AND
3216	3216	COSTS: TEXAS PROBATE CODE. The clerk of a statutory probate court
3217	3217	shall collect fees and costs under the Texas Probate Code as
3218	3218	follows:
3219	3219	(1) fee for deposit of a will with the county clerk
3220	3220	during testator's lifetime (Sec. 71, Texas Probate Code) . . . $5
3221	3221	[$3];
3222	3222	(2) security deposit on filing, by any person other
3223	3223	than the personal representative of an estate, an application,
3224	3224	complaint, or opposition in relation to the estate, if required by
3225	3225	the clerk (Sec. 12, Texas Probate Code) . . . probable cost of the
3226	3226	proceeding; [and]
3227	3227	(3) security deposit on filing, by any person other
3228	3228	than the guardian, attorney ad litem, or guardian ad litem, an
3229	3229	application, complaint, or opposition in relation to a guardianship
3230	3230	matter, if required by the clerk (Sec. 622, Texas Probate Code)
3231	3231	. . . probable cost of the guardianship proceeding; and
3232	3232	(4) costs for attorney ad litem appointed to pursue
3233	3233	the restoration of a ward's capacity or modification of the ward's
3234	3234	guardianship (Secs. 694C and 694L, Texas Probate Code) . . .
3235	3235	reasonable compensation.
3236	3236	(d) Section 101.101, Government Code, as amended by
3237	3237	Chapters 275 (H.B. 290), 399 (S.B. 819), 718 (H.B. 2359), and 1342
3238	3238	(S.B. 1951), Acts of the 80th Legislature, Regular Session, 2007,
3239	3239	is repealed. Section 101.101, Government Code, as amended by
3240	3240	Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
3241	3241	Session, 2007, to reorganize and renumber that section, continues
3242	3242	in effect.
3243	3243	(e) Section 101.1016, Government Code, is repealed.
3244	3244	SECTION 11.108. Section 101.1212, Government Code, is
3245	3245	amended to conform to Chapter 26 (S.B. 325), Acts of the 80th
3246	3246	Legislature, Regular Session, 2007, to read as follows:
3247	3247	Sec. 101.1212. COUNTY COURT FEES AND COSTS: GOVERNMENT
3248	3248	CODE. The clerk of a county court shall collect the following fees
3249	3249	and costs under the Government Code:
3250	3250	(1) appellate judicial system filing fees:
3251	3251	(A) First or Fourteenth Court of Appeals District
3252	3252	(Sec. 22.2021, Government Code) . . . not more than $5;
3253	3253	(B) Second Court of Appeals District (Sec.
3254	3254	22.2031, Government Code) . . . not more than $5;
3255	3255	(C) Third Court of Appeals District (Sec.
3256	3256	22.2041, Government Code) . . . $5;
3257	3257	(D) Fourth Court of Appeals District (Sec.
3258	3258	22.2051, Government Code) . . . not more than $5;
3259	3259	(E) Fifth Court of Appeals District (Sec.
3260	3260	22.2061, Government Code) . . . not more than $5;
3261	3261	(F) Ninth Court of Appeals District (Sec.
3262	3262	22.2101, Government Code) . . . $5;
3263	3263	(G) Eleventh Court of Appeals District (Sec.
3264	3264	22.2121, Government Code) . . . $5; and
3265	3265	(H) [(G)] Thirteenth Court of Appeals District
3266	3266	(Sec. 22.2141, Government Code) . . . not more than $5;
3267	3267	(2) a jury fee (Sec. 51.604, Government Code) . . .
3268	3268	$22; and
3269	3269	(3) a filing fee in each civil case filed to be used
3270	3270	for court-related purposes for the support of the judiciary (Sec.
3271	3271	51.703, Government Code) . . . $40.
3272	3272	SECTION 11.109. (a) Section 101.1214, Government Code, is
3273	3273	amended to conform to the amendments made to Section 101.121,
3274	3274	Government Code, by Chapter 399 (S.B. 819), Acts of the 80th
3275	3275	Legislature, Regular Session, 2007, and to conform to the
3276	3276	amendments made to Section 101.123, Government Code, by Chapter
3277	3277	1301 (S.B. 600), Acts of the 80th Legislature, Regular Session,
3278	3278	2007, and is further amended to read as follows:
3279	3279	Sec. 101.1214. COUNTY COURT FEES AND COSTS: LOCAL
3280	3280	GOVERNMENT CODE. The clerk of a county court shall collect the
3281	3281	following fees and costs under the Local Government Code:
3282	3282	(1) additional filing fee to fund contingency fund for
3283	3283	liability insurance, if authorized by the county commissioners
3284	3284	court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
3285	3285	(2) civil court actions (Sec. 118.052, Local
3286	3286	Government Code):
3287	3287	(A) filing of original action (Secs. 118.052 and
3288	3288	118.053, Local Government Code):
3289	3289	(i) garnishment after judgment (Sec.
3290	3290	118.052, Local Government Code) . . . $15; and
3291	3291	(ii) all others (Sec. 118.052, Local
3292	3292	Government Code) . . . $40;
3293	3293	(B) filing of action other than original (Secs.
3294	3294	118.052 and 118.054, Local Government Code) . . . $30; and
3295	3295	(C) services rendered after judgment in original
3296	3296	action (Secs. 118.052 and 118.0545, Local Government Code):
3297	3297	(i) abstract of judgment (Sec. 118.052,
3298	3298	Local Government Code) . . . $5; and
3299	3299	(ii) execution, order of sale, writ, or
3300	3300	other process (Sec. 118.052, Local Government Code) . . . $5;
3301	3301	(3) probate court actions (Sec. 118.052, Local
3302	3302	Government Code):
3303	3303	(A) probate original action (Secs. 118.052 and
3304	3304	118.055, Local Government Code):
3305	3305	(i) probate of a will with independent
3306	3306	executor, administration with will attached, administration of an
3307	3307	estate, guardianship or receivership of an estate, or muniment of
3308	3308	title (Sec. 118.052, Local Government Code) . . . $40;
3309	3309	(ii) community survivors (Sec. 118.052,
3310	3310	Local Government Code) . . . $40;
3311	3311	(iii) small estates (Sec. 118.052, Local
3312	3312	Government Code) . . . $40;
3313	3313	(iv) declarations of heirship (Sec.
3314	3314	118.052, Local Government Code) . . . $40;
3315	3315	(v) mental health or chemical dependency
3316	3316	services (Sec. 118.052, Local Government Code) . . . $40; and
3317	3317	(vi) additional, special fee (Secs. 118.052
3318	3318	and 118.064, Local Government Code) . . . $5;
3319	3319	(B) services in pending probate action (Secs.
3320	3320	118.052 and 118.056, Local Government Code):
3321	3321	(i) filing an inventory and appraisement
3322	3322	(Secs. [after the 120th day after the date of the initial filing of
3323	3323	the action (Sec.] 118.052 and 118.056(d), Local Government Code)
3324	3324	. . . $25;
3325	3325	(ii) approving and recording bond (Sec.
3326	3326	118.052, Local Government Code) . . . $3;
3327	3327	(iii) administering oath (Sec. 118.052,
3328	3328	Local Government Code) . . . $2;
3329	3329	(iv) filing annual or final account of
3330	3330	estate (Sec. 118.052, Local Government Code) . . . $25;
3331	3331	(v) filing application for sale of real or
3332	3332	personal property (Sec. 118.052, Local Government Code) . . . $25;
3333	3333	(vi) filing annual or final report of
3334	3334	guardian of a person (Sec. 118.052, Local Government Code) . . .
3335	3335	$10; and
3336	3336	(vii) filing a document not listed under
3337	3337	this paragraph after the filing of an order approving the inventory
3338	3338	and appraisement or after the 120th day after the date of the
3339	3339	initial filing of the action, whichever occurs first (Secs. 118.052
3340	3340	and 191.007, Local Government Code), if more than 25 pages . . .
3341	3341	$25;
3342	3342	(C) adverse probate action (Secs. 118.052 and
3343	3343	118.057, Local Government Code) . . . $40; [and]
3344	3344	(D) claim against estate (Secs. 118.052 and
3345	3345	118.058, Local Government Code) . . . $2; and
3346	3346	(E) supplemental court-initiated guardianship
3347	3347	fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20;
3348	3348	(4) other fees (Sec. 118.052, Local Government Code):
3349	3349	(A) issuing document (Secs. 118.052 and 118.059,
3350	3350	Local Government Code):
3351	3351	(i) original document and one copy (Sec.
3352	3352	118.052, Local Government Code) . . . $4; and
3353	3353	(ii) each additional set of an original and
3354	3354	one copy (Sec. 118.052, Local Government Code) . . . $4;
3355	3355	(B) certified papers (Secs. 118.052 and 118.060,
3356	3356	Local Government Code):
3357	3357	(i) for the clerk's certificate (Sec.
3358	3358	118.052, Local Government Code) . . . $5; and
3359	3359	(ii) a fee per page or part of a page (Sec.
3360	3360	118.052, Local Government Code) . . . $1;
3361	3361	(C) noncertified papers, for each page or part of
3362	3362	a page (Secs. 118.052 and 118.0605, Local Government Code) . . .
3363	3363	$1;
3364	3364	(D) letters testamentary, letter of
3365	3365	guardianship, letter of administration, or abstract of judgment
3366	3366	(Secs. 118.052 and 118.061, Local Government Code) . . . $2;
3367	3367	(E) safekeeping of wills (Secs. 118.052 and
3368	3368	118.062, Local Government Code) . . . $5;
3369	3369	(F) mail service of process (Secs. 118.052 and
3370	3370	118.063, Local Government Code) . . . same as sheriff; and
3371	3371	(G) records management and preservation fee
3372	3372	(Secs. 118.052, 118.0546, and 118.0645, Local Government Code)
3373	3373	. . . $5;
3374	3374	(5) deposit on filing petition requesting permission
3375	3375	to create a municipal civic center authority (Sec. 281.013, Local
3376	3376	Government Code) . . . $200;
3377	3377	(6) additional filing fee to fund the courthouse
3378	3378	security fund, if authorized by the county commissioners court
3379	3379	(Sec. 291.008, Local Government Code) . . . not to exceed $5;
3380	3380	(7) additional filing fee for filing documents not
3381	3381	subject to certain filing fees to fund the courthouse security
3382	3382	fund, if authorized by the county commissioners court (Sec.
3383	3383	291.008, Local Government Code) . . . $1;
3384	3384	(8) additional filing fee to fund the courthouse
3385	3385	security fund in Webb County, if authorized by the county
3386	3386	commissioners court (Sec. 291.009, Local Government Code) . . . not
3387	3387	to exceed $20;
3388	3388	(9) court cost in civil cases other than suits for
3389	3389	delinquent taxes to fund the county law library fund, if authorized
3390	3390	by the county commissioners court (Sec. 323.023, Local Government
3391	3391	Code) . . . not to exceed $35;
3392	3392	(10) additional filing fee for filing any civil action
3393	3393	or proceeding requiring a filing fee, including an appeal, and on
3394	3394	the filing of any counterclaim, cross-action, intervention,
3395	3395	interpleader, or third-party action requiring a filing fee, to fund
3396	3396	civil legal services for the indigent (Sec. 133.153, Local
3397	3397	Government Code) . . . $5; and
3398	3398	(11) on the filing of a civil suit an additional filing
3399	3399	fee to be used for court-related purposes for the support of the
3400	3400	judiciary (Sec. 133.154, Local Government Code) . . . $42 [$37].
3401	3401	(b) Section 101.1215, Government Code, is amended to
3402	3402	conform to the amendments made to Section 101.121, Government Code,
3403	3403	by Chapter 275 (H.B. 290), Acts of the 80th Legislature, Regular
3404	3404	Session, 2007, and to conform to Chapter 614 (H.B. 417), Acts of the
3405	3405	80th Legislature, Regular Session, 2007, to read as follows:
3406	3406	Sec. 101.1215. COUNTY COURT FEES AND COSTS: TEXAS PROBATE
3407	3407	CODE. The clerk of a county court shall collect the following fees
3408	3408	and costs under the Texas Probate Code:
3409	3409	(1) fee for deposit of a will with the county clerk
3410	3410	during testator's lifetime (Sec. 71, Texas Probate Code) . . . $5
3411	3411	[$3];
3412	3412	(2) security deposit on filing, by any person other
3413	3413	than the personal representative of an estate, an application,
3414	3414	complaint, or opposition in relation to the estate, if required by
3415	3415	the clerk (Sec. 12, Texas Probate Code) . . . probable cost of the
3416	3416	proceeding; [and]
3417	3417	(3) security deposit on filing, by any person other
3418	3418	than the guardian, attorney ad litem, or guardian ad litem, an
3419	3419	application, complaint, or opposition in relation to a guardianship
3420	3420	matter, if required by the clerk (Sec. 622, Texas Probate Code)
3421	3421	. . . probable cost of the guardianship proceeding; and
3422	3422	(4) costs for attorney ad litem appointed to pursue
3423	3423	the restoration of a ward's capacity or modification of the ward's
3424	3424	guardianship (Secs. 694C and 694L, Texas Probate Code) . . .
3425	3425	reasonable compensation.
3426	3426	(c) Section 101.121, Government Code, as amended by
3427	3427	Chapters 275 (H.B. 290) and 399 (S.B. 819), Acts of the 80th
3428	3428	Legislature, Regular Session, 2007, is repealed. Section 101.121,
3429	3429	Government Code, as amended by Chapter 921 (H.B. 3167), Acts of the
3430	3430	80th Legislature, Regular Session, 2007, to reorganize and renumber
3431	3431	that section, continues in effect.
3432	3432	(d) Sections 101.1217 and 101.123, Government Code, are
3433	3433	repealed.
3434	3434	SECTION 11.110. (a) Section 101.141(b), Government Code,
3435	3435	as amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,
3436	3436	Regular Session, 2007, is amended to conform to the amendments made
3437	3437	to Section 101.141(a), Government Code, by Chapters 1046 (H.B.
3438	3438	2094) and 1342 (S.B. 1951), Acts of the 80th Legislature, Regular
3439	3439	Session, 2007, to read as follows:
3440	3440	(b) A clerk of a justice court shall collect fees and costs
3441	3441	under other laws as follows:
3442	3442	(1) the cost of a special program that a court may
3443	3443	order a child to attend after a finding that the child committed an
3444	3444	offense, if ordered by the court (Art. 45.057, Code of Criminal
3445	3445	Procedure) . . . costs of the program not to exceed $100;
3446	3446	(2) additional filing fees:
3447	3447	(A) to fund Dallas County civil court facilities
3448	3448	(Sec. 51.705, Government Code) . . . not more than $15; [and]
3449	3449	(B) for filing any civil action or proceeding
3450	3450	requiring a filing fee, including an appeal, and on the filing of
3451	3451	any counterclaim, cross-action, intervention, interpleader, or
3452	3452	third-party action requiring a filing fee, to fund civil legal
3453	3453	services for the indigent (Sec. 133.153, Local Government Code)
3454	3454	. . . $2; and
3455	3455	(C) to fund the improvement of Hays County court
3456	3456	facilities, if authorized by the county commissioners court (Sec.
3457	3457	51.707, Government Code) . . . not more than $15;
3458	3458	(3) for filing a suit in Comal County (Sec. 152.0522,
3459	3459	Human Resources Code) . . . $1.50; and
3460	3460	(4) fee for hearing on probable cause for removal of a
3461	3461	vehicle and placement in a storage facility if assessed by the court
3462	3462	(Sec. 2308.457, Occupations [685.008, Transportation] Code) . . .
3463	3463	$20.
3464	3464	(b) Section 101.151(a), Government Code, is amended to
3465	3465	conform to the amendments made to Section 101.141(b), Government
3466	3466	Code, by Chapter 552 (S.B. 1412), Acts of the 80th Legislature,
3467	3467	Regular Session, 2007, to read as follows:
3468	3468	(a) A justice of the peace shall collect the following fees
3469	3469	under the Local Government Code:
3470	3470	(1) services rendered before judgment (Secs. 118.121
3471	3471	and 118.122, Local Government Code):
3472	3472	(A) justice court (Sec. 118.121, Local
3473	3473	Government Code) . . . $25 [$15]; and
3474	3474	(B) small claims court (Sec. 118.121, Local
3475	3475	Government Code) . . . $25 [$10]; and
3476	3476	(2) services rendered after judgment (Secs. 118.121
3477	3477	and 118.123, Local Government Code):
3478	3478	(A) transcript (Sec. 118.121, Local Government
3479	3479	Code) . . . $10;
3480	3480	(B) abstract of judgment (Sec. 118.121, Local
3481	3481	Government Code) . . . $5;
3482	3482	(C) execution, order of sale, writ of
3483	3483	restitution, or other writ or process (Sec. 118.121, Local
3484	3484	Government Code) . . . $5 per page;
3485	3485	(D) certified copy of court papers (Secs. 118.121
3486	3486	and 118.1235, Local Government Code) . . . $2 for first page; $0.25
3487	3487	for each additional page; and
3488	3488	(E) issuing other document (no return required)
3489	3489	(Sec. 118.121, Local Government Code) . . . $1 for first page;
3490	3490	$0.25 for each additional page.
3491	3491	(c) Section 101.141, Government Code, as amended by
3492	3492	Chapters 552 (S.B. 1412), 1046 (H.B. 2094), and 1342 (S.B. 1951),
3493	3493	Acts of the 80th Legislature, Regular Session, 2007, is repealed.
3494	3494	Section 101.141, Government Code, as amended by Chapter 921 (H.B.
3495	3495	3167), Acts of the 80th Legislature, Regular Session, 2007, to
3496	3496	reorganize and renumber that section, continues in effect as
3497	3497	amended by this section.
3498	3498	SECTION 11.111. (a) Section 102.021, Government Code, is
3499	3499	amended to conform to Chapter 1263 (H.B. 3060), Acts of the 80th
3500	3500	Legislature, Regular Session, 2007, and is further amended to read
3501	3501	as follows:
3502	3502	Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
3503	3503	PROCEDURE. A person convicted of an offense shall pay the following
3504	3504	under the Code of Criminal Procedure, in addition to all other
3505	3505	costs:
3506	3506	(1) court cost on conviction of any offense, other
3507	3507	than a conviction of an offense relating to a pedestrian or the
3508	3508	parking of a motor vehicle (Art. 102.0045, Code of Criminal
3509	3509	Procedure) . . . $4;
3510	3510	(2) a fee for services of prosecutor (Art. 102.008,
3511	3511	Code of Criminal Procedure) . . . $25;
3512	3512	(3) fees for services of peace officer:
3513	3513	(A) issuing a written notice to appear in court
3514	3514	for certain violations (Art. 102.011, Code of Criminal Procedure)
3515	3515	. . . $5;
3516	3516	(B) executing or processing an issued arrest
3517	3517	warrant, [or] capias, or capias pro fine (Art. 102.011, Code of
3518	3518	Criminal Procedure) . . . $50;
3519	3519	(C) summoning a witness (Art. 102.011, Code of
3520	3520	Criminal Procedure) . . . $5;
3521	3521	(D) serving a writ not otherwise listed (Art.
3522	3522	102.011, Code of Criminal Procedure) . . . $35;
3523	3523	(E) taking and approving a bond and, if
3524	3524	necessary, returning the bond to courthouse (Art. 102.011, Code of
3525	3525	Criminal Procedure) . . . $10;
3526	3526	(F) commitment or release (Art. 102.011, Code of
3527	3527	Criminal Procedure) . . . $5;
3528	3528	(G) summoning a jury (Art. 102.011, Code of
3529	3529	Criminal Procedure) . . . $5;
3530	3530	(H) attendance of a prisoner in habeas corpus
3531	3531	case if prisoner has been remanded to custody or held to bail (Art.
3532	3532	102.011, Code of Criminal Procedure) . . . $8 each day;
3533	3533	(I) mileage for certain services performed (Art.
3534	3534	102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
3535	3535	(J) services of a sheriff or constable who serves
3536	3536	process and attends examining trial in certain cases (Art. 102.011,
3537	3537	Code of Criminal Procedure) . . . not to exceed $5;
3538	3538	(4) services of a peace officer in conveying a witness
3539	3539	outside the county (Art. 102.011, Code of Criminal Procedure) . . .
3540	3540	$10 per day or part of a day, plus actual necessary travel expenses;
3541	3541	(5) overtime of peace officer for time spent
3542	3542	testifying in the trial or traveling to or from testifying in the
3543	3543	trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
3544	3544	(6) court costs on an offense relating to rules of the
3545	3545	road, when offense occurs within a school crossing zone (Art.
3546	3546	102.014, Code of Criminal Procedure) . . . $25;
3547	3547	(7) court costs on an offense of passing a school bus
3548	3548	(Art. 102.014, Code of Criminal Procedure) . . . $25;
3549	3549	(8) court costs on an offense of truancy or
3550	3550	contributing to truancy (Art. 102.014, Code of Criminal Procedure)
3551	3551	. . . $20;
3552	3552	(9) cost for visual recording of intoxication arrest
3553	3553	before conviction (Art. 102.018, Code of Criminal Procedure) . . .
3554	3554	$15;
3555	3555	(10) cost of certain evaluations (Art. 102.018, Code
3556	3556	of Criminal Procedure) . . . actual cost;
3557	3557	(11) additional costs attendant to certain
3558	3558	intoxication convictions under Chapter 49, Penal Code, for
3559	3559	emergency medical services, trauma facilities, and trauma care
3560	3560	systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
3561	3561	(12) additional costs attendant to certain child
3562	3562	sexual assault and related convictions, for child abuse prevention
3563	3563	programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
3564	3564	(13) cost for DNA testing for certain felonies (Art.
3565	3565	102.020, Code of Criminal Procedure) . . . $250;
3566	3566	(14) court cost on an offense of public lewdness or
3567	3567	indecent exposure (Art. 102.020, Code of Criminal Procedure) . . .
3568	3568	$50;
3569	3569	(15) if required by the court, a restitution fee for
3570	3570	costs incurred in collecting restitution installments and for the
3571	3571	compensation to victims of crime fund (Art. 42.037, Code of
3572	3572	Criminal Procedure) . . . $12; [and]
3573	3573	(16) if directed by the justice of the peace or
3574	3574	municipal court judge hearing the case, court costs on conviction
3575	3575	in a criminal action (Art. 45.041, Code of Criminal Procedure)
3576	3576	. . . part or all of the costs as directed by the judge; and
3577	3577	(17) costs attendant to convictions under Chapter 49,
3578	3578	Penal Code, and under Chapter 481, Health and Safety Code, to help
3579	3579	fund drug court programs established under Chapter 469, Health and
3580	3580	Safety Code (Art. 102.0178, Code of Criminal Procedure) . . . $50.
3581	3581	(b) Section 102.0215, Government Code, is repealed.
3582	3582	SECTION 11.112. (a) Section 102.0212, Government Code, is
3583	3583	amended to conform to the amendments made to Section 102.022,
3584	3584	Government Code, by Chapter 1301 (S.B. 600), Acts of the 80th
3585	3585	Legislature, Regular Session, 2007, and is further amended to read
3586	3586	as follows:
3587	3587	Sec. 102.0212. COURT COSTS ON CONVICTION: LOCAL GOVERNMENT
3588	3588	CODE. A person convicted of an offense shall pay the following
3589	3589	under the Local Government Code, in addition to all other costs:
3590	3590	(1) court costs on conviction of a felony (Sec.
3591	3591	133.102, Local Government Code) . . . $133;
3592	3592	(2) court costs on conviction of a Class A or Class B
3593	3593	misdemeanor (Sec. 133.102, Local Government Code) . . . $83;
3594	3594	(3) court costs on conviction of a nonjailable
3595	3595	misdemeanor offense, including a criminal violation of a municipal
3596	3596	ordinance, other than a conviction of an offense relating to a
3597	3597	pedestrian or the parking of a motor vehicle (Sec. 133.102, Local
3598	3598	Government Code) . . . $40;
3599	3599	(4) a time payment fee if convicted of a felony or
3600	3600	misdemeanor for paying any part of a fine, court costs, or
3601	3601	restitution on or after the 31st day after the date on which a
3602	3602	judgment is entered assessing the fine, court costs, or restitution
3603	3603	(Sec. 133.103, Local Government Code) . . . $25; [and]
3604	3604	(5) a cost on conviction of any offense, other than an
3605	3605	offense relating to a pedestrian or the parking of a motor vehicle
3606	3606	(Sec. 133.105, Local Government Code) . . . $6; and
3607	3607	(6) a cost on conviction of any offense, other than an
3608	3608	offense relating to a pedestrian or the parking of a motor vehicle
3609	3609	(Sec. 133.107, Local Government Code) . . . $2 [$4].
3610	3610	(b) Sections 102.022 and 102.023, Government Code, are
3611	3611	repealed.
3612	3612	SECTION 11.113. (a) Section 102.041, Government Code, as
3613	3613	amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,
3614	3614	Regular Session, 2007, is amended to conform to the amendments made
3615	3615	by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular
3616	3616	Session, 2007, to Section 102.041, Government Code, to read as
3617	3617	follows:
3618	3618	Sec. 102.041. ADDITIONAL COURT COSTS ON CONVICTION IN
3619	3619	DISTRICT COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a district
3620	3620	court shall collect fees and costs under the Code of Criminal
3621	3621	Procedure on conviction of a defendant as follows:
3622	3622	(1) a jury fee (Art. 102.004, Code of Criminal
3623	3623	Procedure) . . . $20;
3624	3624	(2) a fee for clerk of the court services (Art.
3625	3625	102.005, Code of Criminal Procedure) . . . $40;
3626	3626	(3) a records management and preservation services fee
3627	3627	(Art. 102.005, Code of Criminal Procedure) . . . $25;
3628	3628	(4) a security fee on a felony offense (Art. 102.017,
3629	3629	Code of Criminal Procedure) . . . $5;
3630	3630	(5) a security fee on a misdemeanor offense (Art.
3631	3631	102.017, Code of Criminal Procedure) . . . $3; and
3632	3632	(6) a juvenile delinquency prevention and graffiti
3633	3633	eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
3634	3634	$50 [$5].
3635	3635	(b) Section 102.041, Government Code, as amended by Chapter
3636	3636	1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
3637	3637	2007, is repealed. Section 102.041, Government Code, as amended by
3638	3638	Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
3639	3639	Session, 2007, to reorganize and renumber that section, continues
3640	3640	in effect as further amended by this section.
3641	3641	SECTION 11.114. (a) Section 102.061, Government Code, as
3642	3642	reenacted and amended by Chapter 921 (H.B. 3167), Acts of the 80th
3643	3643	Legislature, Regular Session, 2007, is amended to conform to the
3644	3644	amendments made to Section 102.061, Government Code, by Chapter
3645	3645	1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
3646	3646	2007, to read as follows:
3647	3647	Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN
3648	3648	STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
3649	3649	statutory county court shall collect fees and costs under the Code
3650	3650	of Criminal Procedure on conviction of a defendant as follows:
3651	3651	(1) a jury fee (Art. 102.004, Code of Criminal
3652	3652	Procedure) . . . $20;
3653	3653	(2) a fee for services of the clerk of the court (Art.
3654	3654	102.005, Code of Criminal Procedure) . . . $40;
3655	3655	(3) a records management and preservation services fee
3656	3656	(Art. 102.005, Code of Criminal Procedure) . . . $25;
3657	3657	(4) a security fee on a misdemeanor offense (Art.
3658	3658	102.017, Code of Criminal Procedure) . . . $3;
3659	3659	(5) a juvenile delinquency prevention and graffiti
3660	3660	eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
3661	3661	$50 [$5]; and
3662	3662	(6) a juvenile case manager fee (Art. 102.0174, Code
3663	3663	of Criminal Procedure) . . . not to exceed $5.
3664	3664	(b) Section 102.061, Government Code, as amended by Chapter
3665	3665	1053, Acts of the 80th Legislature, Regular Session, 2007, is
3666	3666	repealed. Section 102.061, Government Code, as reenacted and
3667	3667	amended by Chapter 921, Acts of the 80th Legislature, Regular
3668	3668	Session, 2007, to reorganize and renumber that section, continues
3669	3669	in effect as further amended by this section.
3670	3670	SECTION 11.115. (a) Section 102.081, Government Code, as
3671	3671	amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,
3672	3672	Regular Session, 2007, is amended to conform to the amendments made
3673	3673	to Section 102.081, Government Code, by Chapter 1053 (H.B. 2151),
3674	3674	Acts of the 80th Legislature, Regular Session, 2007, to read as
3675	3675	follows:
3676	3676	Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN
3677	3677	COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county
3678	3678	court shall collect fees and costs under the Code of Criminal
3679	3679	Procedure on conviction of a defendant as follows:
3680	3680	(1) a jury fee (Art. 102.004, Code of Criminal
3681	3681	Procedure) . . . $20;
3682	3682	(2) a fee for clerk of the court services (Art.
3683	3683	102.005, Code of Criminal Procedure) . . . $40;
3684	3684	(3) a records management and preservation services fee
3685	3685	(Art. 102.005, Code of Criminal Procedure) . . . $25;
3686	3686	(4) a security fee on a misdemeanor offense (Art.
3687	3687	102.017, Code of Criminal Procedure) . . . $3;
3688	3688	(5) a juvenile delinquency prevention and graffiti
3689	3689	eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
3690	3690	$50 [$5]; and
3691	3691	(6) a juvenile case manager fee (Art. 102.0174, Code
3692	3692	of Criminal Procedure) . . . not to exceed $5.
3693	3693	(b) Section 102.081, Government Code, as amended by Chapter
3694	3694	1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
3695	3695	2007, is repealed. Section 102.081, Government Code, as amended by
3696	3696	Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
3697	3697	Session, 2007, to reorganize and renumber that section, continues
3698	3698	in effect as further amended by this section.
3699	3699	SECTION 11.116. (a) Section 103.021, Government Code, as
3700	3700	amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,
3701	3701	Regular Session, 2007, is amended to conform to the amendments made
3702	3702	to Section 103.021, Government Code, by Chapter 1226 (H.B. 2385),
3703	3703	Acts of the 80th Legislature, Regular Session, 2007, and to conform
3704	3704	to Chapters 805 (S.B. 1083) and 910 (H.B. 2949), Acts of the 80th
3705	3705	Legislature, Regular Session, 2007, and is further amended to read
3706	3706	as follows:
3707	3707	Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
3708	3708	CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant,
3709	3709	or a party to a civil suit, as applicable, shall pay the following
3710	3710	fees and costs under the Code of Criminal Procedure if ordered by
3711	3711	the court or otherwise required:
3712	3712	(1) a personal bond fee (Art. 17.42, Code of Criminal
3713	3713	Procedure) . . . the greater of $20 or three percent of the amount
3714	3714	of the bail fixed for the accused;
3715	3715	(2) cost of electronic monitoring as a condition of
3716	3716	release on personal bond (Art. 17.43, Code of Criminal Procedure)
3717	3717	. . . actual cost;
3718	3718	(3) a fee for verification of and monitoring of motor
3719	3719	vehicle ignition interlock (Art. 17.441, Code of Criminal
3720	3720	Procedure) . . . not to exceed $10;
3721	3721	(4) repayment of reward paid by a crime stoppers
3722	3722	organization on conviction of a felony (Art. 37.073, Code of
3723	3723	Criminal Procedure) . . . amount ordered;
3724	3724	(5) reimbursement to general revenue fund for payments
3725	3725	made to victim of an offense as condition of community supervision
3726	3726	(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for
3727	3727	a misdemeanor offense or $100 for a felony offense;
3728	3728	(6) payment to a crime stoppers organization as
3729	3729	condition of community supervision (Art. 42.12, Code of Criminal
3730	3730	Procedure) . . . not to exceed $50;
3731	3731	(7) children's advocacy center fee (Art. 42.12, Code
3732	3732	of Criminal Procedure) . . . not to exceed $50;
3733	3733	(8) family violence shelter center fee (Art. 42.12,
3734	3734	Code of Criminal Procedure) . . . not to exceed $100;
3735	3735	(9) community supervision fee (Art. 42.12, Code of
3736	3736	Criminal Procedure) . . . not less than $25 or more than $60 per
3737	3737	month;
3738	3738	(10) additional community supervision fee for certain
3739	3739	offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per
3740	3740	month;
3741	3741	(11) for certain financially able sex offenders as a
3742	3742	condition of community supervision, the costs of treatment,
3743	3743	specialized supervision, or rehabilitation (Art. 42.12, Code of
3744	3744	Criminal Procedure) . . . all or part of the reasonable and
3745	3745	necessary costs of the treatment, supervision, or rehabilitation as
3746	3746	determined by the judge;
3747	3747	(12) fee for failure to appear for trial in a justice
3748	3748	or municipal court if a jury trial is not waived (Art. 45.026, Code
3749	3749	of Criminal Procedure) . . . costs incurred for impaneling the
3750	3750	jury;
3751	3751	(13) costs of certain testing, assessments, or
3752	3752	programs during a deferral period (Art. 45.051, Code of Criminal
3753	3753	Procedure) . . . amount ordered;
3754	3754	(14) special expense on dismissal of certain
3755	3755	misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
3756	3756	. . . not to exceed amount of fine assessed;
3757	3757	(15) an additional fee:
3758	3758	(A) for a copy of the defendant's driving record
3759	3759	to be requested from the Department of Public Safety by the judge
3760	3760	(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
3761	3761	to sum of fee established by Section 521.048, Transportation Code,
3762	3762	and the TexasOnline fee [$10];
3763	3763	(B) as an administrative fee for requesting a
3764	3764	driving safety course or a course under the motorcycle operator
3765	3765	training and safety program for certain traffic offenses to cover
3766	3766	the cost of administering the article (Art. 45.0511(f)(1), Code of
3767	3767	Criminal Procedure) . . . not to exceed $10; or
3768	3768	(C) for requesting a driving safety course or a
3769	3769	course under the motorcycle operator training and safety program
3770	3770	before the final disposition of the case (Art. 45.0511(f)(2), Code
3771	3771	of Criminal Procedure) . . . not to exceed the maximum amount of the
3772	3772	fine for the offense committed by the defendant;
3773	3773	(16) a request fee for teen court program (Art.
3774	3774	45.052, Code of Criminal Procedure) . . . $20, if the court
3775	3775	ordering the fee is located in the Texas-Louisiana border region,
3776	3776	but otherwise not to exceed $10;
3777	3777	(17) a fee to cover costs of required duties of teen
3778	3778	court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
3779	3779	court ordering the fee is located in the Texas-Louisiana border
3780	3780	region, but otherwise $10;
3781	3781	(18) a mileage fee for officer performing certain
3782	3782	services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
3783	3783	mile;
3784	3784	(19) certified mailing of notice of hearing date (Art.
3785	3785	102.006, Code of Criminal Procedure) . . . $1, plus postage;
3786	3786	(20) certified mailing of certified copies of an order
3787	3787	of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
3788	3788	plus postage;
3789	3789	(20-a) a fee to defray the cost of notifying state
3790	3790	agencies of orders of expungement (Art. 45.0216, Code of Criminal
3791	3791	Procedure) . . . $30 per application;
3792	3792	(20-b) a fee to defray the cost of notifying state
3793	3793	agencies of orders of expunction (Art. 45.055, Code of Criminal
3794	3794	Procedure) . . . $30 per application;
3795	3795	(21) sight orders:
3796	3796	(A) if the face amount of the check or sight order
3797	3797	does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
3798	3798	. . . not to exceed $10;
3799	3799	(B) if the face amount of the check or sight order
3800	3800	is greater than $10 but does not exceed $100 (Art. 102.007, Code of
3801	3801	Criminal Procedure) . . . not to exceed $15;
3802	3802	(C) if the face amount of the check or sight order
3803	3803	is greater than $100 but does not exceed $300 (Art. 102.007, Code of
3804	3804	Criminal Procedure) . . . not to exceed $30;
3805	3805	(D) if the face amount of the check or sight order
3806	3806	is greater than $300 but does not exceed $500 (Art. 102.007, Code of
3807	3807	Criminal Procedure) . . . not to exceed $50; and
3808	3808	(E) if the face amount of the check or sight order
3809	3809	is greater than $500 (Art. 102.007, Code of Criminal Procedure)
3810	3810	. . . not to exceed $75;
3811	3811	(22) fees for a pretrial intervention program:
3812	3812	(A) a supervision fee (Art. 102.012(a)
3813	3813	[102.012], Code of Criminal Procedure) . . . [not to exceed] $60 a
3814	3814	month plus expenses; and
3815	3815	(B) a district attorney, criminal district
3816	3816	attorney, or county attorney administrative fee (Art. 102.0121,
3817	3817	Code of Criminal Procedure) . . . not to exceed $500;
3818	3818	(23) parking fee violations for child safety fund in
3819	3819	municipalities with populations:
3820	3820	(A) greater than 850,000 (Art. 102.014, Code of
3821	3821	Criminal Procedure) . . . not less than $2 and not to exceed $5; and
3822	3822	(B) less than 850,000 (Art. 102.014, Code of
3823	3823	Criminal Procedure) . . . not to exceed $5;
3824	3824	(24) an administrative fee for collection of fines,
3825	3825	fees, restitution, or other costs (Art. 102.072, Code of Criminal
3826	3826	Procedure) . . . not to exceed $2 for each transaction; and
3827	3827	(25) a collection fee, if authorized by the
3828	3828	commissioners court of a county or the governing body of a
3829	3829	municipality, for certain debts and accounts receivable, including
3830	3830	unpaid fines, fees, court costs, forfeited bonds, and restitution
3831	3831	ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
3832	3832	percent of an amount more than 60 days past due.
3833	3833	(b) Section 103.021, Government Code, as amended by Chapter
3834	3834	1226 (H.B. 2385), Acts of the 80th Legislature, Regular Session,
3835	3835	2007, is repealed. Section 103.021, Government Code, as amended by
3836	3836	Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
3837	3837	Session, 2007, to reorganize and renumber that section, continues
3838	3838	in effect as further amended by this section.
3839	3839	SECTION 11.117. Section 103.0212, Government Code, is
3840	3840	amended to conform to Chapters 910 (H.B. 2949) and 1053 (H.B. 2151),
3841	3841	Acts of the 80th Legislature, Regular Session, 2007, and is further
3842	3842	amended to read as follows:
3843	3843	Sec. 103.0212. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
3844	3844	CIVIL CASES: FAMILY CODE. An accused or defendant, or a party to a
3845	3845	civil suit, as applicable, shall pay the following fees and costs
3846	3846	under the Family Code if ordered by the court or otherwise required:
3847	3847	(1) in family matters:
3848	3848	(A) issuing writ of withholding (Sec. 8.262,
3849	3849	Family Code) . . . $15;
3850	3850	(B) filing copy of writ of withholding to
3851	3851	subsequent employer (Sec. 8.267, Family Code) . . . $15;
3852	3852	(C) issuing and delivering modified writ of
3853	3853	withholding or notice of termination (Sec. 8.302, Family Code)
3854	3854	. . . $15;
3855	3855	(D) issuing and delivering notice of termination
3856	3856	of withholding (Sec. 8.303, Family Code) . . . $15;
3857	3857	(E) issuance of change of name certificate (Sec.
3858	3858	45.106, Family Code) . . . $10;
3859	3859	(F) protective order fee (Sec. 81.003, Family
3860	3860	Code) . . . $16;
3861	3861	(G) filing suit requesting adoption of child
3862	3862	(Sec. 108.006, Family Code) . . . $15;
3863	3863	(H) filing fees for suits affecting parent-child
3864	3864	relationship (Sec. 110.002, Family Code):
3865	3865	(i) suit or motion for modification (Sec.
3866	3866	110.002, Family Code) . . . $15;
3867	3867	(ii) motion for enforcement (Sec. 110.002,
3868	3868	Family Code) . . . $15;
3869	3869	(iii) notice of application for judicial
3870	3870	writ of withholding (Sec. 110.002, Family Code) . . . $15;
3871	3871	(iv) motion to transfer (Sec. 110.002,
3872	3872	Family Code) . . . $15;
3873	3873	(v) petition for license suspension (Sec.
3874	3874	110.002, Family Code) . . . $15;
3875	3875	(vi) motion to revoke a stay of license
3876	3876	suspension (Sec. 110.002, Family Code) . . . $15; and
3877	3877	(vii) motion for contempt (Sec. 110.002,
3878	3878	Family Code) . . . $15;
3879	3879	(I) order or writ of income withholding to be
3880	3880	delivered to employer (Sec. 110.004, Family Code) . . . not to
3881	3881	exceed $15;
3882	3882	(J) filing fee for transferred case (Sec.
3883	3883	110.005, Family Code) . . . $45;
3884	3884	(K) filing a writ of withholding (Sec. 158.319,
3885	3885	Family Code) . . . $15;
3886	3886	(L) filing a request for modified writ of
3887	3887	withholding or notice of termination (Sec. 158.403, Family Code)
3888	3888	. . . not to exceed $15;
3889	3889	(M) filing an administrative writ to employer
3890	3890	(Sec. 158.503, Family Code) . . . not to exceed $15; and
3891	3891	(N) genetic testing fees in relation to a child
3892	3892	born to a gestational mother (Sec. 160.762, Family Code) . . . as
3893	3893	assessed by the court; and
3894	3894	(2) in juvenile court:
3895	3895	(A) fee schedule for deferred prosecution
3896	3896	services (Sec. 53.03, Family Code) . . . maximum fee of $15 a month;
3897	3897	(B) a request fee for a teen court program
3898	3898	[administration fee] (Sec. 54.032, Family Code) . . . $20, if the
3899	3899	court ordering the fee is located in the Texas-Louisiana border
3900	3900	region, but otherwise not to exceed $10;
3901	3901	(C) court costs for juvenile probation diversion
3902	3902	fund (Sec. 54.0411, Family Code) . . . $20;
3903	3903	(D) a juvenile delinquency prevention fee (Sec.
3904	3904	54.0461, Family Code) . . . $50 [$5]; [and]
3905	3905	(E) a court fee for child's probationary period
3906	3906	(Sec. 54.061, Family Code) . . . not to exceed $15 a month; and
3907	3907	(F) a fee to cover costs of required duties of
3908	3908	teen court (Sec. 54.032, Family Code) . . . $20, if the court
3909	3909	ordering the fee is located in the Texas-Louisiana border region,
3910	3910	but otherwise not to exceed $10.
3911	3911	SECTION 11.118. Section 103.0213, Government Code, is
3912	3912	amended to conform to Chapter 1027 (H.B. 1623), Acts of the 80th
3913	3913	Legislature, Regular Session, 2007, to read as follows:
3914	3914	Sec. 103.0213. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
3915	3915	CIVIL CASES: TRANSPORTATION CODE. An accused or defendant, or a
3916	3916	party to a civil suit, as applicable, shall pay the following fees
3917	3917	and costs under the Transportation Code if ordered by the court or
3918	3918	otherwise required:
3919	3919	(1) administrative fee on dismissal of charge of
3920	3920	driving with an expired motor vehicle registration (Sec. 502.407,
3921	3921	Transportation Code) . . . not to exceed $20 [$10];
3922	3922	(2) administrative fee on dismissal of charge of
3923	3923	driving with an expired driver's license (Sec. 521.026,
3924	3924	Transportation Code) . . . not to exceed $20 [$10];
3925	3925	(3) administrative fee on remediation of charge of
3926	3926	driving with an expired inspection certificate (Sec. 548.605,
3927	3927	Transportation Code) . . . not to exceed $20 [$10];
3928	3928	(4) administrative fee for failure to appear for a
3929	3929	complaint or citation on certain offenses (Sec. 706.006,
3930	3930	Transportation Code) . . . $30 for each violation; and
3931	3931	(5) administrative fee for failure to pay or satisfy
3932	3932	certain judgments (Sec. 706.006, Transportation Code) . . . $30.
3933	3933	SECTION 11.119. (a) Section 103.027, Government Code, is
3934	3934	amended to conform to the amendments made to Section 103.022,
3935	3935	Government Code, by Chapter 36 (S.B. 844), Acts of the 80th
3936	3936	Legislature, Regular Session, 2007, to read as follows:
3937	3937	Sec. 103.027. MISCELLANEOUS FEES AND COSTS: GOVERNMENT
3938	3938	CODE. Fees and costs shall be paid or collected under the
3939	3939	Government Code as follows:
3940	3940	(1) filing a certified copy of a judicial finding of
3941	3941	fact and conclusion of law if charged by the secretary of state
3942	3942	(Sec. 51.905, Government Code) . . . $15;
3943	3943	(2) cost paid by each surety posting the bail bond for
3944	3944	an offense other than a misdemeanor punishable by fine only under
3945	3945	Chapter 17, Code of Criminal Procedure, for the assistant [felony]
3946	3946	prosecutor supplement fund and the fair defense account (Sec.
3947	3947	41.258, Government Code) . . . $15, provided the cost does not
3948	3948	exceed $30 for all bail bonds posted at that time for an individual
3949	3949	and the cost is not required on the posting of a personal or cash
3950	3950	bond;
3951	3951	(3) to participate in a court proceeding in this
3952	3952	state, a nonresident attorney fee for civil legal services to the
3953	3953	indigent (Sec. 82.0361, Government Code) . . . $250 except as
3954	3954	waived or reduced under supreme court rules for representing an
3955	3955	indigent person;
3956	3956	(4) on a party's appeal of a final decision in a
3957	3957	contested case, the cost of preparing the original or a certified
3958	3958	copy of the record of the agency proceeding, if required by the
3959	3959	agency's rule, as a court cost (Sec. 2001.177, Government Code)
3960	3960	. . . as assessed by the court, all or part of the cost of
3961	3961	preparation;
3962	3962	(5) compensation to a referee in juvenile court in
3963	3963	Wichita County taxed as costs if the judge determines the parties
3964	3964	are able to pay the costs (Sec. 54.403, Government Code) . . . as
3965	3965	determined by the judge; and
3966	3966	(6) the expense of preserving the record as a court
3967	3967	cost in Brazos County if imposed on a party by the referring court
3968	3968	or magistrate (Sec. 54.1111, Government Code) . . . actual cost.
3969	3969	(b) Section 103.022, Government Code, as amended by Chapter
3970	3970	36 (S.B. 844), Acts of the 80th Legislature, Regular Session, 2007,
3971	3971	is repealed. Section 103.022, Government Code, as reenacted and
3972	3972	amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,
3973	3973	Regular Session, 2007, to reorganize and renumber that section,
3974	3974	continues in effect.
3975	3975	SECTION 11.120. Section 103.029, Government Code, is
3976	3976	amended to conform to the amendments made by Chapter 625 (H.B. 530),
3977	3977	Acts of the 80th Legislature, Regular Session, 2007, to read as
3978	3978	follows:
3979	3979	Sec. 103.029. MISCELLANEOUS FEES AND COSTS: HEALTH AND
3980	3980	SAFETY CODE. Fees and costs shall be paid or collected under the
3981	3981	Health and Safety Code as follows:
3982	3982	(1) a program fee for a drug court program established
3983	3983	under Section 469.002, Health and Safety Code (Sec. 469.004, Health
3984	3984	and Safety Code) . . . not to exceed $1,000; and
3985	3985	(2) an alcohol or controlled substance [a urinalysis]
3986	3986	testing, [and] counseling, and treatment fee (Sec. 469.004, Health
3987	3987	and Safety Code) . . . the amount necessary to cover the costs of
3988	3988	testing, [and] counseling, and treatment.
3989	3989	ARTICLE 12. CHANGES RELATING TO HEALTH AND SAFETY CODE
3990	3990	SECTION 12.001. Section 12.0112(b), Health and Safety Code,
3991	3991	as amended by Chapters 42 (H.B. 1064) and 1061 (H.B. 2285), Acts of
3992	3992	the 80th Legislature, Regular Session, 2007, is reenacted to read
3993	3993	as follows:
3994	3994	(b) This section does not apply to:
3995	3995	(1) a license issued for a youth camp under Chapter
3996	3996	141;
3997	3997	(2) a food manager certificate issued under Subchapter
3998	3998	G, Chapter 438; or
3999	3999	(3) a license or registration under Chapter 401.
4000	4000	SECTION 12.002. Section 102.003, Health and Safety Code, as
4001	4001	amended by Section 4, Chapter 266 (H.B. 14), and Section 3.02,
4002	4002	Chapter 928 (H.B. 3249), Acts of the 80th Legislature, Regular
4003	4003	Session, 2007, is reenacted to read as follows:
4004	4004	Sec. 102.003. SUNSET PROVISION. The Cancer Prevention and
4005	4005	Research Institute of Texas is subject to Chapter 325, Government
4006	4006	Code (Texas Sunset Act). Unless continued in existence as provided
4007	4007	by that chapter, the institute is abolished and this chapter
4008	4008	expires September 1, 2021.
4009	4009	SECTION 12.003. Section 182.101, Health and Safety Code, is
4010	4010	amended to add a heading to read as follows:
4011	4011	Sec. 182.101. GENERAL POWERS AND DUTIES. The corporation
4012	4012	may:
4013	4013	(1) establish statewide health information exchange
4014	4014	capabilities, including capabilities for electronic laboratory
4015	4015	results, diagnostic studies, and medication history delivery, and,
4016	4016	where applicable, promote definitions and standards for electronic
4017	4017	interactions statewide;
4018	4018	(2) seek funding to:
4019	4019	(A) implement, promote, and facilitate the
4020	4020	voluntary exchange of secure electronic health information between
4021	4021	and among individuals and entities that are providing or paying for
4022	4022	health care services or procedures; and
4023	4023	(B) create incentives to implement, promote, and
4024	4024	facilitate the voluntary exchange of secure electronic health
4025	4025	information between and among individuals and entities that are
4026	4026	providing or paying for health care services or procedures;
4027	4027	(3) establish statewide health information exchange
4028	4028	capabilities for streamlining health care administrative functions
4029	4029	including:
4030	4030	(A) communicating point of care services,
4031	4031	including laboratory results, diagnostic imaging, and prescription
4032	4032	histories;
4033	4033	(B) communicating patient identification and
4034	4034	emergency room required information in conformity with state and
4035	4035	federal privacy laws;
4036	4036	(C) real-time communication of enrollee status
4037	4037	in relation to health plan coverage, including enrollee
4038	4038	cost-sharing responsibilities; and
4039	4039	(D) current census and status of health plan
4040	4040	contracted providers;
4041	4041	(4) support regional health information exchange
4042	4042	initiatives by:
4043	4043	(A) identifying data and messaging standards for
4044	4044	health information exchange;
4045	4045	(B) administering programs providing financial
4046	4046	incentives, including grants and loans for the creation and support
4047	4047	of regional health information networks, subject to available
4048	4048	funds;
4049	4049	(C) providing technical expertise where
4050	4050	appropriate;
4051	4051	(D) sharing intellectual property developed
4052	4052	under Section 182.105;
4053	4053	(E) waiving the corporation's fees associated
4054	4054	with intellectual property, data, expertise, and other services or
4055	4055	materials provided to regional health information exchanges
4056	4056	operated on a nonprofit basis; and
4057	4057	(F) applying operational and technical standards
4058	4058	developed by the corporation to existing health information
4059	4059	exchanges only on a voluntary basis, except for standards related
4060	4060	to ensuring effective privacy and security of individually
4061	4061	identifiable health information;
4062	4062	(5) identify standards for streamlining health care
4063	4063	administrative functions across payors and providers, including
4064	4064	electronic patient registration, communication of enrollment in
4065	4065	health plans, and information at the point of care regarding
4066	4066	services covered by health plans; and
4067	4067	(6) support the secure, electronic exchange of health
4068	4068	information through other strategies identified by the board.
4069	4069	SECTION 12.004. Section 343.002(1), Health and Safety Code,
4070	4070	is amended to conform cross-references to read as follows:
4071	4071	(1) "Abate" means to eliminate or remedy:
4072	4072	(A) by removal, repair, rehabilitation, or
4073	4073	demolition;
4074	4074	(B) in the case of a nuisance under Section
4075	4075	343.011(c)(1), (9) [(8)], or (10) [(9)], by prohibition or control
4076	4076	of access; and
4077	4077	(C) in the case of a nuisance under Section
4078	4078	343.011(c)(12) [343.011(c)(11)], by removal, remediation, storage,
4079	4079	transportation, disposal, or other means of waste management
4080	4080	authorized by Chapter 361.
4081	4081	SECTION 12.005. Section 343.011(c), Health and Safety Code,
4082	4082	as amended by Chapters 388 (S.B. 680) and 1366 (H.B. 3581), Acts of
4083	4083	the 80th Legislature, Regular Session, 2007, is reenacted and
4084	4084	amended to read as follows:
4085	4085	(c) A public nuisance is:
4086	4086	(1) keeping, storing, or accumulating refuse on
4087	4087	premises in a neighborhood unless the refuse is entirely contained
4088	4088	in a closed receptacle;
4089	4089	(2) keeping, storing, or accumulating rubbish,
4090	4090	including newspapers, abandoned vehicles, refrigerators, stoves,
4091	4091	furniture, tires, and cans, on premises in a neighborhood or within
4092	4092	300 feet of a public street for 10 days or more, unless the rubbish
4093	4093	or object is completely enclosed in a building or is not visible
4094	4094	from a public street;
4095	4095	(3) maintaining premises in a manner that creates an
4096	4096	unsanitary condition likely to attract or harbor mosquitoes,
4097	4097	rodents, vermin, or disease-carrying pests;
4098	4098	(4) allowing weeds to grow on premises in a
4099	4099	neighborhood if the weeds are located within 300 feet of another
4100	4100	residence or commercial establishment;
4101	4101	(5) maintaining a building in a manner that is
4102	4102	structurally unsafe or constitutes a hazard to safety, health, or
4103	4103	public welfare because of inadequate maintenance, unsanitary
4104	4104	conditions, dilapidation, obsolescence, disaster, damage, or
4105	4105	abandonment or because it constitutes a fire hazard;
4106	4106	(6) maintaining on abandoned and unoccupied property
4107	4107	in a neighborhood a swimming pool that is not protected with:
4108	4108	(A) a fence that is at least four feet high and
4109	4109	that has a latched and locked gate; and
4110	4110	(B) a cover over the entire swimming pool that
4111	4111	cannot be removed by a child;
4112	4112	(7) maintaining on any property in a neighborhood in a
4113	4113	county with a population of more than 1.1 million a swimming pool
4114	4114	that is not protected with:
4115	4115	(A) a fence that is at least four feet high and
4116	4116	that has a latched gate that cannot be opened by a child; or
4117	4117	(B) a cover over the entire swimming pool that
4118	4118	cannot be removed by a child;
4119	4119	(8) maintaining a flea market in a manner that
4120	4120	constitutes a fire hazard;
4121	4121	(9) discarding refuse or creating a hazardous visual
4122	4122	obstruction on:
4123	4123	(A) county-owned land; or
4124	4124	(B) land or easements owned or held by a special
4125	4125	district that has the commissioners court of the county as its
4126	4126	governing body;
4127	4127	(10) discarding refuse on the smaller of:
4128	4128	(A) the area that spans 20 feet on each side of a
4129	4129	utility line; or
4130	4130	(B) the actual span of the utility easement;
4131	4131	(11) filling or blocking a drainage easement, failing
4132	4132	to maintain a drainage easement, maintaining a drainage easement in
4133	4133	a manner that allows the easement to be clogged with debris,
4134	4134	sediment, or vegetation, or violating an agreement with the county
4135	4135	to improve or maintain a drainage easement; or
4136	4136	(12) [(11)] discarding refuse on property that is not
4137	4137	authorized for that activity.
4138	4138	SECTION 12.006. Section 343.021, Health and Safety Code, as
4139	4139	amended by Chapters 388 (S.B. 680) and 1366 (H.B. 3581), Acts of the
4140	4140	80th Legislature, Regular Session, 2007, is reenacted and amended
4141	4141	to read as follows:
4142	4142	Sec. 343.021. AUTHORITY TO ABATE NUISANCE. If a county
4143	4143	adopts abatement procedures that are consistent with the general
4144	4144	purpose of this chapter and that conform to this chapter, the county
4145	4145	may abate a nuisance under this chapter:
4146	4146	(1) by demolition or removal;
4147	4147	(2) in the case of a nuisance under Section
4148	4148	343.011(c)(1), (9), or (10), by prohibiting or controlling access
4149	4149	to the premises;
4150	4150	(3) in the case of a nuisance under Section
4151	4151	343.011(c)(6), by:
4152	4152	(A) prohibiting or controlling access to the
4153	4153	premises and installing a cover that cannot be opened by a child
4154	4154	over the entire swimming pool; or
4155	4155	(B) draining and filling the swimming pool; or
4156	4156	(4) in the case of a nuisance under Section
4157	4157	343.011(c)(12) [343.011(c)(11)], by removal, remediation, storage,
4158	4158	transportation, disposal, or other means of waste management
4159	4159	authorized under Chapter 361.
4160	4160	SECTION 12.007. Section 343.022(a), Health and Safety Code,
4161	4161	as amended by Chapters 388 (S.B. 680) and 1366 (H.B. 3581), Acts of
4162	4162	the 80th Legislature, Regular Session, 2007, is reenacted and
4163	4163	amended to read as follows:
4164	4164	(a) The abatement procedures adopted by the commissioners
4165	4165	court must be administered by a regularly salaried, full-time
4166	4166	county employee. A person authorized by the person administering
4167	4167	the abatement program may administer:
4168	4168	(1) the prohibition or control of access to the
4169	4169	premises to prevent a violation of Section 343.011(c)(1), (6), (9),
4170	4170	or (10);
4171	4171	(2) the removal or demolition of the nuisance; and
4172	4172	(3) the abatement of a nuisance described by Section
4173	4173	343.011(c)(12) [343.011(c)(11)].
4174	4174	SECTION 12.008. Section 361.035(c), Health and Safety Code,
4175	4175	is amended to conform to Section 38, Chapter 333 (H.B. 3231), Acts
4176	4176	of the 75th Legislature, Regular Session, 1997, to read as follows:
4177	4177	(c) A penalty collected under Subchapter C or D, Chapter 7,
4178	4178	Water Code, for the late filing of a report required by this section
4179	4179	shall be deposited to the credit of the hazardous and solid waste
4180	4180	remediation fee account [fund].
4181	4181	SECTION 12.009. Sections 361.133(g) and (h), Health and
4182	4182	Safety Code, are amended to conform to Section 38, Chapter 333 (H.B.
4183	4183	3231), Acts of the 75th Legislature, Regular Session, 1997, to read
4184	4184	as follows:
4185	4185	(g) Notwithstanding Subsection (c), the executive director
4186	4186	may use money in the account [fund], including interest credited
4187	4187	under Subsection (b)(4), for expenses concerning a cleanup or
4188	4188	removal of a spill, release, or potential threat of release of a
4189	4189	hazardous substance if the site is eligible for listing under
4190	4190	Subchapter F, proposed for listing under Subchapter F, or listed
4191	4191	under the state registry before September 1, 1989, and:
4192	4192	(1) immediate action is appropriate to protect human
4193	4193	health or the environment and there is a substantial likelihood
4194	4194	that the cleanup or removal will prevent the site from needing to be
4195	4195	listed under Subchapter F; or
4196	4196	(2) a cleanup or removal:
4197	4197	(A) can be completed without extensive
4198	4198	investigation and planning; and
4199	4199	(B) will achieve a significant cost reduction for
4200	4200	the site.
4201	4201	(h) If the commission collects a fee that is deposited in a
4202	4202	dedicated fund established for the purpose of cleaning up a
4203	4203	facility, tank, or site described by this subsection, the
4204	4204	commission may not use money in the hazardous and solid waste
4205	4205	remediation fee account [fund] to clean up a:
4206	4206	(1) waste tire recycling facility;
4207	4207	(2) municipal solid waste facility;
4208	4208	(3) petroleum storage tank; or
4209	4209	(4) used oil collection and recycling site that
4210	4210	received used oil after August 31, 1995.
4211	4211	SECTION 12.010. Section 361.753(b), Health and Safety Code,
4212	4212	is amended to conform to Section 38, Chapter 333 (H.B. 3231), Acts
4213	4213	of the 75th Legislature, Regular Session, 1997, to read as follows:
4214	4214	(b) The commission may charge an application fee in an
4215	4215	amount not to exceed the cost of reviewing the application. The
4216	4216	commission shall deposit a fee collected under this subsection to
4217	4217	the credit of the hazardous and solid waste remediation fee account
4218	4218	[fund].
4219	4219	SECTION 12.011. Section 366.016, Health and Safety Code, is
4220	4220	amended to correct a reference to read as follows:
4221	4221	Sec. 366.016. EMERGENCY ORDERS. The commission or
4222	4222	authorized agent may issue an emergency order concerning an on-site
4223	4223	sewage disposal system under Section 5.513 [5.517], Water Code.
4224	4224	SECTION 12.012. Section 386.109, Health and Safety Code, as
4225	4225	amended by Chapters 262 (S.B. 12) and 1165 (H.B. 160), Acts of the
4226	4226	80th Legislature, Regular Session, 2007, is reenacted to read as
4227	4227	follows:
4228	4228	Sec. 386.109. ELIGIBLE INFRASTRUCTURE PROJECTS. (a) The
4229	4229	commission may consider for funding under Section 386.108:
4230	4230	(1) the purchase and installation at a site of
4231	4231	equipment that is designed primarily to dispense qualifying fuel,
4232	4232	other than standard gasoline or diesel, or the purchase of on-site
4233	4233	mobile fueling equipment;
4234	4234	(2) infrastructure projects, including auxiliary
4235	4235	power units, designed to dispense electricity to:
4236	4236	(A) motor vehicles;
4237	4237	(B) on-road and non-road diesels; and
4238	4238	(C) marine vessels;
4239	4239	(3) a project that involves a technology that allows a
4240	4240	vehicle to replace with electric power, while the vehicle is
4241	4241	parked, the power normally supplied by the vehicle's internal
4242	4242	combustion engine; and
4243	4243	(4) a project to reduce air pollution and engine
4244	4244	idling by relieving congestion through rail relocation or
4245	4245	improvement at a rail intersection that is located in a
4246	4246	nonattainment or near nonattainment area.
4247	4247	(b) The commission may provide funding to other state
4248	4248	agencies to implement projects under Subsection (a)(3), including
4249	4249	funding for the lease, purchase, or installation of idle reduction
4250	4250	technologies and facilities at rest areas and other public
4251	4251	facilities on major highway transportation routes located in areas
4252	4252	eligible for funding or for marine vessels operating on water
4253	4253	routes eligible for funding. Funding under this subsection may
4254	4254	include reasonable operational costs determined by the commission
4255	4255	to be needed for the initial start-up and proper operation of the
4256	4256	idle reduction technologies. The state agency leasing, owning, or
4257	4257	operating the idle reduction facility constructed with funds
4258	4258	provided under this subsection may, but is not required to, charge
4259	4259	reasonable fees for the provision of idle reduction services
4260	4260	provided that those fees are used to directly offset the cost of
4261	4261	providing the services.
4262	4262	(c) In evaluating a request for funding of an eligible
4263	4263	infrastructure project, the commission shall encourage the use of a
4264	4264	technology that allows a vehicle to replace with electric power,
4265	4265	while the vehicle is parked, the power normally supplied by the
4266	4266	vehicle's internal combustion engine at the state's ports and
4267	4267	border crossings in affected areas.
4268	4268	SECTION 12.013. Section 388.003(b-2), Health and Safety
4269	4269	Code, as added by Chapters 262 (S.B. 12) and 939 (H.B. 3693), Acts
4270	4270	of the 80th Legislature, Regular Session, 2007, is reenacted to
4271	4271	read as follows:
4272	4272	(b-2) The State Energy Conservation Office by rule shall
4273	4273	establish a procedure for persons who have an interest in the
4274	4274	adoption of energy codes under Subsection (b-1) to have an
4275	4275	opportunity to comment on the codes under consideration. The
4276	4276	office shall consider persons who have an interest in adoption of
4277	4277	those codes to include:
4278	4278	(1) commercial and residential builders, architects,
4279	4279	and engineers;
4280	4280	(2) municipal, county, and other local government
4281	4281	authorities; and
4282	4282	(3) environmental groups.
4283	4283	SECTION 12.014. Section 388.005, Health and Safety Code, as
4284	4284	amended by Chapters 262 (S.B. 12) and 939 (H.B. 3693), Acts of the
4285	4285	80th Legislature, Regular Session, 2007, is reenacted and amended
4286	4286	to read as follows:
4287	4287	Sec. 388.005. ENERGY EFFICIENCY PROGRAMS IN INSTITUTIONS OF
4288	4288	HIGHER EDUCATION[, STATE AGENCIES,] AND CERTAIN GOVERNMENTAL
4289	4289	ENTITIES. (a) In this section:
4290	4290	(1) "Institution of higher education" includes an
4291	4291	institution of higher education as defined by Section 61.003,
4292	4292	Education Code, and a private institution of higher education that
4293	4293	receives funding from the state.
4294	4294	(2) "Political subdivision" means:
4295	4295	(A) an affected county; or
4296	4296	(B) any political subdivision in a nonattainment
4297	4297	area or in an affected county other than:
4298	4298	(i) a school district; or
4299	4299	(ii) a district as defined by Section
4300	4300	36.001 or 49.001, Water Code, that had a total annual electricity
4301	4301	expense of less than $200,000 in the previous fiscal year of the
4302	4302	district.
4303	4303	(3) "State agency" means a department, commission,
4304	4304	board, office, council, or other agency in the executive branch of
4305	4305	state government that is created by the constitution or a statute of
4306	4306	this state and has authority not limited to a geographical portion
4307	4307	of the state.
4308	4308	(b) Each political subdivision, institution of higher
4309	4309	education, or state agency shall implement all energy efficiency
4310	4310	measures that meet the standards established for a contract for
4311	4311	energy conservation measures under Section 302.004(b), Local
4312	4312	Government Code, in order to reduce electricity consumption by the
4313	4313	existing facilities of the entity.
4314	4314	(c) Each political subdivision, institution of higher
4315	4315	education, or state agency shall establish a goal to reduce the
4316	4316	electric consumption by the entity by five percent each state
4317	4317	fiscal year for six years, beginning September 1, 2007.
4318	4318	(d) A political subdivision, institution of higher
4319	4319	education, or state agency that does not attain the goals under
4320	4320	Subsection (c) must include in the report required by Subsection
4321	4321	(e) justification that the entity has already implemented all
4322	4322	available measures. An entity that submits a report under this
4323	4323	subsection indicating it has already implemented all available
4324	4324	measures is exempt from the annual reporting requirement of
4325	4325	Subsection (e) if a subsequent report would indicate no change in
4326	4326	status. An entity may be required to provide notice that it is
4327	4327	exempt to the State Energy Conservation Office.
4328	4328	(e) A political subdivision, institution of higher
4329	4329	education, or state agency annually shall report to the State
4330	4330	Energy Conservation Office, on forms provided by that office,
4331	4331	regarding the entity's efforts and progress under this
4332	4332	section. The State Energy Conservation Office shall provide
4333	4333	assistance and information to the entity to help the entity meet the
4334	4334	goals set under this section.
4335	4335	(f) This section does not apply to a state agency or an
4336	4336	institution of higher education that the State Energy Conservation
4337	4337	Office determines that, before September 1, 2007, adopted a plan
4338	4338	for conserving energy under which the agency or institution
4339	4339	established a percentage goal for reducing the consumption of
4340	4340	electricity. The exemption provided by this section applies only
4341	4341	while the agency or institution has an energy conservation plan in
4342	4342	effect and only if the agency or institution submits reports on the
4343	4343	conservation plan each calendar quarter to the governor, the
4344	4344	Legislative Budget Board, and the State Energy Conservation Office.
4345	4345	SECTION 12.015. Sections 401.301(c) and (d), Health and
4346	4346	Safety Code, as amended by Chapters 1061 (H.B. 2285) and 1332 (S.B.
4347	4347	1604), Acts of the 80th Legislature, Regular Session, 2007, are
4348	4348	reenacted to read as follows:
4349	4349	(c) The commission and department may collect a fee, in
4350	4350	addition to the license and registration fee, of not less than 20
4351	4351	percent of the amount of the license and registration fee nor more
4352	4352	than $10,000 from each licensee or registrant who fails to pay the
4353	4353	fees authorized by this section.
4354	4354	(d) The commission and department may require that each
4355	4355	person who holds a specific license issued by the agency pay to the
4356	4356	agency an additional five percent of the appropriate fee set under
4357	4357	Subsection (b). Fees collected under this subsection shall be
4358	4358	deposited to the credit of the perpetual care account. The fees are
4359	4359	not refundable.
4360	4360	SECTION 12.016. Section 401.301(f), Health and Safety Code,
4361	4361	as added by Chapter 1332 (S.B. 1604), Acts of the 80th Legislature,
4362	4362	Regular Session, 2007, is relettered as Section 401.301(g), Health
4363	4363	and Safety Code.
4364	4364	SECTION 12.017. Section 427.001, Health and Safety Code, is
4365	4365	amended to add a heading and to update state agency names and
4366	4366	authority to read as follows:
4367	4367	Sec. 427.001. DEFINITIONS. In this chapter:
4368	4368	(1) ["Board" means the Texas Board of Health.
4369	4369	[(2)] "Commission" means the Texas [Natural Resource
4370	4370	Conservation] Commission on Environmental Quality.
4371	4371	(2) [(3)] "Department" means the [Texas] Department
4372	4372	of State Health Services.
4373	4373	(3) [(4)] "Federal superfund site" means a site
4374	4374	defined by the federal Comprehensive Environmental Response,
4375	4375	Compensation, and Liability Act of 1980 (42 U.S.C. Section 9601 et
4376	4376	seq.), as amended.
4377	4377	(4) [(5)] "Immediately surrounding area" means an
4378	4378	area determined by the commission to have been significantly
4379	4379	exposed to one or more pollutants from the identified site.
4380	4380	(5) [(6)] "Institute" means the Texas Environmental
4381	4381	Health Institute.
4382	4382	SECTION 12.018. Section 427.004, Health and Safety Code, is
4383	4383	amended to update state agency names and authority to read as
4384	4384	follows:
4385	4385	Sec. 427.004. PROGRAMS. The commission and the department
4386	4386	may establish at the institute any programs necessary to carry out
4387	4387	the institute's established purposes under this chapter. The
4388	4388	commission and the executive commissioner of the Health and Human
4389	4389	Services Commission [board] may contract with public or private
4390	4390	entities to carry out the institute's purposes.
4391	4391	SECTION 12.019. Section 614.0032(a), Health and Safety
4392	4392	Code, as amended by Section 44, Chapter 1308 (S.B. 909), Acts of the
4393	4393	80th Legislature, Regular Session, 2007, and by Section 2, Chapter
4394	4394	617 (H.B. 431), Acts of the 80th Legislature, Regular Session,
4395	4395	2007, is reenacted to read as follows:
4396	4396	(a) The office shall:
4397	4397	(1) perform duties imposed on the office by Section
4398	4398	508.146, Government Code; and
4399	4399	(2) periodically identify state jail felony
4400	4400	defendants suitable for release under Section 15(i), Article 42.12,
4401	4401	Code of Criminal Procedure, and perform other duties imposed on the
4402	4402	office by that section.
4403	4403	ARTICLE 13. CHANGES RELATING TO HUMAN RESOURCES CODE
4404	4404	SECTION 13.001. Chapter 52, Human Resources Code, is
4405	4405	redesignated as Chapter 52 of Subtitle E, Title 2, Human Resources
4406	4406	Code, as added by Chapter 867 (H.B. 1334), Acts of the 67th
4407	4407	Legislature, Regular Session, 1981, and is amended to add a heading
4408	4408	to read as follows:
4409	4409	CHAPTER 52. INFORMATION RELATING TO SCHOOL AGE PREGNANCY
4410	4410	SECTION 13.002. Subtitle E, Title 2, Human Resources Code,
4411	4411	as added by Chapter 776 (S.B. 623), Acts of the 67th Legislature,
4412	4412	Regular Session, 1981, is repealed to conform to Section 6(b)(4),
4413	4413	Chapter 388 (H.B. 3155), Acts of the 76th Legislature, Regular
4414	4414	Session, 1999.
4415	4415	SECTION 13.003. Section 63.001, Human Resources Code, is
4416	4416	amended to add a heading to read as follows:
4417	4417	Sec. 63.001. DEFINITIONS. In this chapter:
4418	4418	(1) "Juvenile" means a person from the age of 10 to 18
4419	4419	years who has been found to have engaged in delinquent conduct by a
4420	4420	court of competent jurisdiction.
4421	4421	(2) "Facility" means a residential facility for the
4422	4422	placement of juveniles for periods up to one year in length.
4423	4423	SECTION 13.004. Section 63.002, Human Resources Code, is
4424	4424	amended to add a heading to read as follows:
4425	4425	Sec. 63.002. AUTHORITY TO OPERATE FACILITY. A county or a
4426	4426	combination of counties may, and they are hereby authorized to,
4427	4427	elect to own, establish, operate, and staff a long-term residential
4428	4428	facility for the detention of juvenile offenders.
4429	4429	SECTION 13.005. Section 63.003, Human Resources Code, is
4430	4430	amended to correct a reference and is further amended to add a
4431	4431	heading to read as follows:
4432	4432	Sec. 63.003. GOVERNMENTAL NATURE OF FACILITY. The facility
4433	4433	is an agency of the state, a governmental unit, and a unit of local
4434	4434	government as defined and specified by Chapters 101 and 102, Civil
4435	4435	Practice and Remedies Code, and a local government as defined by
4436	4436	Section 791.003, Government Code [Section 3, The Interlocal
4437	4437	Cooperation Act (Article 4413(32c), Vernon's Texas Civil
4438	4438	Statutes)].
4439	4439	SECTION 13.006. Section 63.004, Human Resources Code, is
4440	4440	amended to add a heading to read as follows:
4441	4441	Sec. 63.004. BOARD OF TRUSTEES: SINGLE COUNTY FACILITY.
4442	4442	The facility shall be governed by a board of trustees. The board of
4443	4443	trustees for a facility created by a single county may be the
4444	4444	commissioners court of the forming county, or the commissioners
4445	4445	court may appoint from the qualified voters of the region to be
4446	4446	served a board of trustees consisting of no less than five nor more
4447	4447	than nine persons. If the board of trustees is appointed from the
4448	4448	qualified voters of the region to be served, the terms of the
4449	4449	members thereof shall be staggered by appointing not less than
4450	4450	one-third nor more than one-half of the members for one year, or
4451	4451	until their successors are appointed, and by appointing the
4452	4452	remaining members for two years, or until their successors are
4453	4453	appointed. Thereafter, all appointments shall be made for a
4454	4454	two-year period, or until their successors are appointed.
4455	4455	Appointments made to fill unexpired terms shall be for the period of
4456	4456	the unexpired term, or until a successor is appointed.
4457	4457	SECTION 13.007. Section 63.005, Human Resources Code, is
4458	4458	amended to add a heading to read as follows:
4459	4459	Sec. 63.005. BOARD OF TRUSTEES: COMBINATION OF COUNTIES
4460	4460	FACILITY. A facility created by a combination of counties shall be
4461	4461	governed by a board of trustees. Such board of trustees shall
4462	4462	consist of not less than five nor more than nine members selected
4463	4463	from the commissioners court of such counties, or such
4464	4464	commissioners court may jointly appoint a board of trustees from
4465	4465	among the qualified voters of the region to be served in the manner
4466	4466	described above.
4467	4467	SECTION 13.008. Section 63.006, Human Resources Code, is
4468	4468	amended to add a heading to read as follows:
4469	4469	Sec. 63.006. BOARD MEETINGS. The board of trustees shall
4470	4470	make rules to govern the holding of regular and special meetings.
4471	4471	All meetings of the board of trustees shall be open to the public to
4472	4472	the extent required by and in accordance with the general law of
4473	4473	this state requiring meetings of governmental bodies to be open to
4474	4474	the public. Should the board of trustees discuss any juvenile
4475	4475	either in residence in the facility, being transferred to the
4476	4476	facility, or who has formerly been a resident of the facility, such
4477	4477	discussion shall be conducted in closed session, and such
4478	4478	discussion, or any record thereof, shall not be open to the public.
4479	4479	SECTION 13.009. Section 63.007, Human Resources Code, is
4480	4480	amended to add a heading to read as follows:
4481	4481	Sec. 63.007. QUORUM. A majority of the membership of the
4482	4482	board of trustees shall constitute a quorum for the transaction of
4483	4483	business.
4484	4484	SECTION 13.010. Section 63.008, Human Resources Code, is
4485	4485	amended to add a heading to read as follows:
4486	4486	Sec. 63.008. FACILITY ADMINISTRATION. The board of
4487	4487	trustees is responsible for the administration of the facility.
4488	4488	SECTION 13.011. Section 63.009, Human Resources Code, is
4489	4489	amended to add a heading to read as follows:
4490	4490	Sec. 63.009. BOARD POLICIES. The board of trustees shall
4491	4491	develop policies consistent with the rules, regulations, and
4492	4492	standards of the Texas Juvenile Probation Commission.
4493	4493	SECTION 13.012. Section 63.010, Human Resources Code, is
4494	4494	amended to add a heading to read as follows:
4495	4495	Sec. 63.010. STANDARDIZED PERSONNEL QUALIFICATIONS. The
4496	4496	board of trustees shall standardize qualifications for personnel
4497	4497	positions in the community center consistent with those established
4498	4498	by the Texas Juvenile Probation Commission.
4499	4499	SECTION 13.013. Section 63.011, Human Resources Code, is
4500	4500	amended to add a heading to read as follows:
4501	4501	Sec. 63.011. ADVISORY COMMITTEES. The board of trustees
4502	4502	may appoint advisory committees to advise the board on matters
4503	4503	relating to the administration of the facility. No such committee
4504	4504	shall consist of less than five members, and the appointment of such
4505	4505	committees shall not relieve the board of trustees of final
4506	4506	responsibility and accountability as provided in this chapter.
4507	4507	SECTION 13.014. Section 63.012, Human Resources Code, is
4508	4508	amended to add a heading to read as follows:
4509	4509	Sec. 63.012. FACILITY EXECUTIVE DIRECTOR: APPOINTMENT.
4510	4510	The board of trustees shall appoint an executive director for the
4511	4511	facility.
4512	4512	SECTION 13.015. Section 63.013, Human Resources Code, is
4513	4513	amended to add a heading to read as follows:
4514	4514	Sec. 63.013. FACILITY EXECUTIVE DIRECTOR: DELEGATED
4515	4515	POWERS. The executive director shall have the powers delegated by
4516	4516	and be subject to the policy direction of the board of trustees.
4517	4517	SECTION 13.016. Section 63.014, Human Resources Code, is
4518	4518	amended by amending the heading to read as follows:
4519	4519	Sec. 63.014. FACILITY PERSONNEL. The board of trustees or
4520	4520	the director may employ and train personnel for the administration
4521	4521	of the various programs and services of the facility. The employee
4522	4522	shall be provided the appropriate rights, privileges, and benefits
4523	4523	available to the employees of the governing bodies that establish
4524	4524	the facility. The board of trustees is authorized to provide
4525	4525	workers' compensation benefits in the manner provided by Chapter
4526	4526	504, Labor Code.
4527	4527	SECTION 13.017. Section 63.015, Human Resources Code, is
4528	4528	amended to add a heading to read as follows:
4529	4529	Sec. 63.015. COUNTY CONTRIBUTIONS. Each county
4530	4530	participating in the creation of the facility may contribute lands,
4531	4531	buildings, personnel, and funds for the administration of the
4532	4532	various programs and services of the facility.
4533	4533	SECTION 13.018. Section 63.016, Human Resources Code, is
4534	4534	amended to add a heading to read as follows:
4535	4535	Sec. 63.016. GIFTS, GRANTS, AND DONATIONS. The board of
4536	4536	trustees of the facility may accept gifts, grants, and donations of
4537	4537	money, personal property, and real property for use in the
4538	4538	administration of its programs and services.
4539	4539	SECTION 13.019. Section 63.017, Human Resources Code, is
4540	4540	amended to add a heading to read as follows:
4541	4541	Sec. 63.017. SINGLE COUNTY FACILITY: ACQUISITION OF REAL
4542	4542	PROPERTY; RULES FOR ADMISSION; RATES CHARGED. (a) In the
4543	4543	instance of a facility formed by a single county, the commissioners
4544	4544	court of the creating county may acquire, through gift, purchase,
4545	4545	condemnation, or any other method, real property for the purpose of
4546	4546	locating a facility on such property. Such property may be acquired
4547	4547	outside of the boundaries of the creating county if, in the opinion
4548	4548	of the commissioners court of the forming county, there will exist a
4549	4549	demand for the services to be provided by the facility in the county
4550	4550	in which the facility is to be located in addition to any need which
4551	4551	may already exist within the boundaries of the creating county.
4552	4552	(b) The board of trustees for a facility created by a single
4553	4553	county shall establish rules and regulations for the admission of
4554	4554	juveniles into the facility from other than the forming county.
4555	4555	Such rules may allow that the forming county shall have priority in
4556	4556	the placement of its juveniles into the facility. The board may
4557	4557	establish a rate of charges to be paid by the county of origin of the
4558	4558	juvenile being placed into the facility, and such rates may be
4559	4559	reduced for those juveniles being admitted from the county which
4560	4560	created the facility.
4561	4561	SECTION 13.020. Section 63.018, Human Resources Code, is
4562	4562	amended to add a heading to read as follows:
4563	4563	Sec. 63.018. COMBINATION OF COUNTIES FACILITY: ACQUISITION
4564	4564	OF REAL PROPERTY; RULES FOR ADMISSION; RATES CHARGED. (a) In the
4565	4565	instance of a facility being created by two or more counties, the
4566	4566	commissioners courts of the forming counties may acquire, by gift,
4567	4567	purchase, condemnation, or other means, real property for the
4568	4568	purpose of locating the facility on such property. The method of
4569	4569	acquisition and the amount of cost sharing between those counties
4570	4570	shall be negotiated among the forming counties and reduced to
4571	4571	contract. Such property to be acquired shall be situated within the
4572	4572	boundaries of any one of the creating counties.
4573	4573	(b) The board of trustees for a facility created by an
4574	4574	organizational component of two or more counties shall establish
4575	4575	rules and regulations for the admission of juveniles who are
4576	4576	residents of other than the creating counties. The board may
4577	4577	establish a rate of charges to be paid by the county of origin of the
4578	4578	juvenile being placed into the facility, and those rates may be
4579	4579	reduced for juveniles being admitted from a county that was part of
4580	4580	the organizational component that created the facility.
4581	4581	SECTION 13.021. Section 63.019, Human Resources Code, is
4582	4582	amended to add a heading to read as follows:
4583	4583	Sec. 63.019. RULES REGULATING ADMINISTRATION OF SERVICES.
4584	4584	The board of trustees may make rules consistent with those
4585	4585	promulgated by the Texas Juvenile Probation Commission and the
4586	4586	policies, principles, and standards provided in this Act to
4587	4587	regulate the administration of services by the facility to the
4588	4588	juveniles placed into the facility.
4589	4589	SECTION 13.022. Section 63.020, Human Resources Code, is
4590	4590	amended to add a heading to read as follows:
4591	4591	Sec. 63.020. MINIMUM SERVICES TO BE PROVIDED. The board of
4592	4592	trustees will provide at least the following services to a juvenile
4593	4593	who is placed into the facility:
4594	4594	(1) Education. Upon admission into the facility, the
4595	4595	juvenile will be tested to determine his educational level, and a
4596	4596	program of instruction consistent with the juvenile's educational
4597	4597	level shall be developed to educate the juvenile. Education shall
4598	4598	be given to each juvenile admitted in the facility consistent with
4599	4599	the standards set forth by the Texas Juvenile Probation Commission.
4600	4600	(2) Counseling. Upon admission into the facility, the
4601	4601	juvenile shall be examined by a trained psychologist or
4602	4602	psychiatrist to determine if the juvenile would benefit from a
4603	4603	program of counseling. At the completion of such examination, the
4604	4604	findings of the psychologist or psychiatrist shall be forwarded to
4605	4605	the director in the form of a recommendation that counseling be
4606	4606	given to the juvenile, along with a program of counseling to be
4607	4607	adhered to by the staff of the facility.
4608	4608	SECTION 13.023. Section 63.021, Human Resources Code, is
4609	4609	amended to add a heading to read as follows:
4610	4610	Sec. 63.021. LIST OF SERVICES. The board of trustees of the
4611	4611	facility shall devise a list of services that it will offer to each
4612	4612	juvenile who is placed into the facility for the use by the court in
4613	4613	making its determination as to whether the juvenile would benefit
4614	4614	by admission into the facility.
4615	4615	SECTION 13.024. Section 63.022, Human Resources Code, is
4616	4616	amended to add a heading to read as follows:
4617	4617	Sec. 63.022. FACILITY RESEARCH AND RECRUITMENT AND TRAINING
4618	4618	OF PERSONNEL; CONTRACTS AUTHORIZED. The facility may engage in
4619	4619	research and in recruitment and training of personnel in support of
4620	4620	its programs and services and may make contracts for those
4621	4621	purposes.
4622	4622	SECTION 13.025. Section 63.023, Human Resources Code, is
4623	4623	amended to add a heading to read as follows:
4624	4624	Sec. 63.023. FEES FOR SERVICES. The board of trustees for
4625	4625	the facility may charge reasonable fees to cover costs for services
4626	4626	provided, except where prohibited by other service contracts or by
4627	4627	law.
4628	4628	SECTION 13.026. Section 63.024, Human Resources Code, is
4629	4629	amended to add a heading to read as follows:
4630	4630	Sec. 63.024. PAYMENT OF FEES BY COUNTY. In collecting fees
4631	4631	for the treatment rendered juveniles, the director will bill
4632	4632	directly that county in which the juvenile resided prior to his
4633	4633	admission to the facility. The county that receives such a bill
4634	4634	from the director must pay that bill within 45 days of its receipt.
4635	4635	SECTION 13.027. Section 63.025, Human Resources Code, is
4636	4636	amended to add a heading to read as follows:
4637	4637	Sec. 63.025. ADMISSION OF AND PAYMENT FOR SERVICES PROVIDED
4638	4638	TO JUVENILES RESIDING IN ANOTHER COUNTY. The board of trustees may
4639	4639	provide that juveniles who reside outside the boundaries of a
4640	4640	county that participated in the formation of the facility may be
4641	4641	admitted to the facility. However, the charges to the county of
4642	4642	residence of the juvenile may be billed at a rate higher than that
4643	4643	charged to a county that participated in the formation of the
4644	4644	facility.
4645	4645	SECTION 13.028. Section 63.026, Human Resources Code, is
4646	4646	amended to add a heading to read as follows:
4647	4647	Sec. 63.026. COURT-ORDERED ADMISSION. A juvenile may be
4648	4648	admitted upon the order of a court of competent jurisdiction that
4649	4649	finds that the juvenile has engaged in delinquent conduct and is in
4650	4650	need of supervision or is experiencing a dysfunctional home
4651	4651	environment and will benefit from placement in the facility.
4652	4652	SECTION 13.029. Section 63.027, Human Resources Code, is
4653	4653	amended to add a heading to read as follows:
4654	4654	Sec. 63.027. LIMITATION ON PERIOD FOR JUVENILE'S
4655	4655	RESIDENCE. The court will include in its order the length of time
4656	4656	that the juvenile will reside in the facility, which will not exceed
4657	4657	a period of one year. At the conclusion of the one-year period, the
4658	4658	court will make a determination as to whether the juvenile will
4659	4659	benefit from further residence within the facility. The court may
4660	4660	then order the juvenile to be placed into the facility for
4661	4661	additional time not to exceed one year.
4662	4662	SECTION 13.030. Section 63.028, Human Resources Code, is
4663	4663	amended to add a heading to read as follows:
4664	4664	Sec. 63.028. MODIFICATION OF COURT ORDER. The court may
4665	4665	modify any order by which a juvenile is placed in the facility upon
4666	4666	recommendation of the director of the facility.
4667	4667	SECTION 13.031. Section 152.1611(a), Human Resources Code,
4668	4668	as amended by Chapters 583 (S.B. 1796) and 956 (H.B. 4040), Acts of
4669	4669	the 80th Legislature, Regular Session, 2007, is reenacted to read
4670	4670	as follows:
4671	4671	(a) The McLennan County Juvenile Board is composed of the
4672	4672	county judge, the county court at law judges, and the district
4673	4673	judges in McLennan County.
4674	4674	ARTICLE 14. CHANGES RELATING TO INSURANCE CODE
4675	4675	SECTION 14.001. (a) Section 228.001, Insurance Code, is
4676	4676	amended to conform to the amendment of Article 4.51, Insurance
4677	4677	Code, by Section 1, Chapter 303 (H.B. 1741), Acts of the 80th
4678	4678	Legislature, Regular Session, 2007, by adding Subdivisions (5-a),
4679	4679	(7-a), and (7-b) to read as follows:
4680	4680	(5-a) "Low-income community" has the meaning assigned
4681	4681	by Section 45D(e), Internal Revenue Code of 1986.
4682	4682	(7-a) "Program One" means the program for allocation
4683	4683	and investment of certified capital under this chapter before
4684	4684	January 1, 2007.
4685	4685	(7-b) "Program Two" means the program for allocation
4686	4686	and investment of certified capital under this chapter on or after
4687	4687	January 1, 2007.
4688	4688	(b) Section 1, Chapter 303 (H.B. 1741), Acts of the 80th
4689	4689	Legislature, Regular Session, 2007, which amended former Article
4690	4690	4.51, Insurance Code, by adding Subdivisions (16), (17), and (18),
4691	4691	is repealed.
4692	4692	SECTION 14.002. (a) Section 228.153(b), Insurance Code, is
4693	4693	amended to conform to the amendment of Article 4.56(b), Insurance
4694	4694	Code, by Section 3, Chapter 303 (H.B. 1741), Acts of the 80th
4695	4695	Legislature, Regular Session, 2007, to read as follows:
4696	4696	(b) A certified capital company must place at least 30
4697	4697	percent of the amount of qualified investments required by
4698	4698	Sections 228.151(a) and (b) in a strategic investment or low-income
4699	4699	community business.
4700	4700	(b) Section 3, Chapter 303 (H.B. 1741), Acts of the 80th
4701	4701	Legislature, Regular Session, 2007, which amended former Article
4702	4702	4.56(b), Insurance Code, is repealed.
4703	4703	SECTION 14.003. (a) Section 228.203, Insurance Code, is
4704	4704	amended to conform to the amendment of Article 4.57, Insurance
4705	4705	Code, by Section 4, Chapter 303 (H.B. 1741), Acts of the 80th
4706	4706	Legislature, Regular Session, 2007, to read as follows:
4707	4707	Sec. 228.203. EVALUATION OF BUSINESS BY COMPTROLLER. (a) A
4708	4708	certified capital company may, before making an investment in a
4709	4709	business, request a written opinion from the comptroller as to
4710	4710	whether the business in which the company proposes to invest is a
4711	4711	qualified business, an early stage business, or a strategic
4712	4712	investment or low-income community business.
4713	4713	(b) Not later than the 15th business day after the date of
4714	4714	the receipt of a request under Subsection (a), the comptroller
4715	4715	shall:
4716	4716	(1) determine whether the business meets the
4717	4717	definition of a qualified business, an early stage business, or a
4718	4718	strategic investment or low-income community business, as
4719	4719	applicable, and notify the certified capital company of the
4720	4720	determination and provide an explanation of the determination; or
4721	4721	(2) notify the company that an additional 15 days will
4722	4722	be needed to review the request and make the determination.
4723	4723	(c) If the comptroller fails to notify the certified capital
4724	4724	company with respect to the proposed investment within the period
4725	4725	specified by Subsection (b), the business in which the company
4726	4726	proposes to invest is considered to be a qualified business, an
4727	4727	early stage business, or a strategic investment or low-income
4728	4728	community business, as appropriate.
4729	4729	(b) Section 4, Chapter 303 (H.B. 1741), Acts of the 80th
4730	4730	Legislature, Regular Session, 2007, which amended former Article
4731	4731	4.57, Insurance Code, is repealed.
4732	4732	SECTION 14.004. (a) Section 228.251, Insurance Code, is
4733	4733	amended to conform to the amendment of Article 4.65, Insurance
4734	4734	Code, by Section 5, Chapter 303 (H.B. 1741), Acts of the 80th
4735	4735	Legislature, Regular Session, 2007, by amending Subsection (b) and
4736	4736	adding Subsection (c) to read as follows:
4737	4737	(b) With respect to credits earned as a result of
4738	4738	investments made under Program One, beginning [Beginning] with the
4739	4739	tax report due March 1, 2009, for the 2008 tax year, a certified
4740	4740	investor may take up to 25 percent of the vested premium tax credit
4741	4741	in any taxable year of the certified investor. The credit may not
4742	4742	be applied to estimated payments due in 2008.
4743	4743	(c) With respect to credits earned as a result of
4744	4744	investments made under Program Two, beginning with the tax report
4745	4745	due March 1, 2013, for the 2012 tax year, a certified investor may
4746	4746	take up to 25 percent of the vested premium tax credit in any
4747	4747	taxable year of the certified investor. The credit may not be
4748	4748	applied to estimated payments due in 2012.
4749	4749	(b) Section 5, Chapter 303 (H.B. 1741), Acts of the 80th
4750	4750	Legislature, Regular Session, 2007, which amended former Article
4751	4751	4.65, Insurance Code, by amending Subsection (a) and adding
4752	4752	Subsections (a-1) and (a-2), is repealed.
4753	4753	SECTION 14.005. (a) Section 228.253(b), Insurance Code, is
4754	4754	amended to conform to the amendment of Article 4.66(a), Insurance
4755	4755	Code, by Section 6, Chapter 303 (H.B. 1741), Acts of the 80th
4756	4756	Legislature, Regular Session, 2007, to read as follows:
4757	4757	(b) The certified capital company must have filed the claim
4758	4758	with the comptroller on the date on which the comptroller accepted
4759	4759	premium tax credit allocation claims on behalf of certified
4760	4760	investors with respect to Program One or Program Two, as
4761	4761	applicable, under the comptroller's rules.
4762	4762	(b) Section 6, Chapter 303 (H.B. 1741), Acts of the 80th
4763	4763	Legislature, Regular Session, 2007, which amended former Article
4764	4764	4.66(a), Insurance Code, is repealed.
4765	4765	SECTION 14.006. (a) Section 228.254, Insurance Code, is
4766	4766	amended to conform to the amendment of Article 4.67, Insurance
4767	4767	Code, by Section 7, Chapter 303 (H.B. 1741), Acts of the 80th
4768	4768	Legislature, Regular Session, 2007, to read as follows:
4769	4769	Sec. 228.254. TOTAL LIMIT ON PREMIUM TAX CREDITS. (a) The
4770	4770	total amount of certified capital for which premium tax credits may
4771	4771	be allowed under this chapter for all years in which premium tax
4772	4772	credits are allowed is:
4773	4773	(1) $200 million for Program One; and
4774	4774	(2) $200 million for Program Two.
4775	4775	(b) The total amount of certified capital for which premium
4776	4776	tax credits may be allowed for all certified investors under this
4777	4777	chapter may not exceed the amount that would entitle all certified
4778	4778	investors in certified capital companies to take total credits of
4779	4779	$50 million in a year with respect to Program One and $50 million in
4780	4780	a year with respect to Program Two.
4781	4781	(c) A certified capital company and the company's
4782	4782	affiliates may not file premium tax credit allocation claims with
4783	4783	respect to Program One or Program Two, as applicable, in excess of
4784	4784	the maximum amount of certified capital for which premium tax
4785	4785	credits may be allowed for that program as provided by this section.
4786	4786	(b) Section 7, Chapter 303 (H.B. 1741), Acts of the 80th
4787	4787	Legislature, Regular Session, 2007, which amended former Article
4788	4788	4.67, Insurance Code, is repealed.
4789	4789	SECTION 14.007. (a) Section 228.255, Insurance Code, is
4790	4790	amended to conform to the amendment of Article 4.68, Insurance
4791	4791	Code, by Section 8, Chapter 303 (H.B. 1741), Acts of the 80th
4792	4792	Legislature, Regular Session, 2007, to read as follows:
4793	4793	Sec. 228.255. ALLOCATION OF PREMIUM TAX CREDIT. (a) If the
4794	4794	total premium tax credits claimed by all certified investors with
4795	4795	respect to Program One or Program Two, as applicable, exceeds the
4796	4796	total limits on premium tax credits established for that program by
4797	4797	Section 228.254(a), the comptroller shall allocate the total amount
4798	4798	of premium tax credits allowed under this chapter to certified
4799	4799	investors in certified capital companies on a pro rata basis in
4800	4800	accordance with this section.
4801	4801	(b) The pro rata allocation for each certified investor
4802	4802	shall be the product of:
4803	4803	(1) a fraction, the numerator of which is the amount of
4804	4804	the premium tax credit allocation claim filed on behalf of the
4805	4805	investor with respect to Program One or Program Two, as applicable,
4806	4806	and the denominator of which is the total amount of all premium tax
4807	4807	credit allocation claims filed on behalf of all certified investors
4808	4808	with respect to that program; and
4809	4809	(2) the total amount of certified capital for which
4810	4810	premium tax credits may be allowed with respect to that program
4811	4811	under this chapter.
4812	4812	(c) The maximum amount of certified capital for which
4813	4813	premium tax credit allocation may be allowed on behalf of a single
4814	4814	certified investor and the investor's affiliates with respect to
4815	4815	Program One or Program Two, as applicable, whether by one or more
4816	4816	certified capital companies, may not exceed the greater of:
4817	4817	(1) $10 million; or
4818	4818	(2) 15 percent of the maximum aggregate amount
4819	4819	available with respect to that program under Section 228.254(a).
4820	4820	(b) Section 8, Chapter 303 (H.B. 1741), Acts of the 80th
4821	4821	Legislature, Regular Session, 2007, which amended former Articles
4822	4822	4.68(a), (b), (c), and (e), Insurance Code, is repealed.
4823	4823	SECTION 14.008. Section 2, Chapter 303 (H.B. 1741), Acts of
4824	4824	the 80th Legislature, Regular Session, 2007, which amended former
4825	4825	Article 4.52, Insurance Code, is repealed as a temporary executed
4826	4826	provision.
4827	4827	SECTION 14.009. Section 252.003, Insurance Code, as amended
4828	4828	by Chapters 730 (H.B. 2636) and 932 (H.B. 3315), Acts of the 80th
4829	4829	Legislature, Regular Session, 2007, is reenacted to read as
4830	4830	follows:
4831	4831	Sec. 252.003. PREMIUMS SUBJECT TO TAXATION. An insurer
4832	4832	shall pay maintenance taxes under this chapter on the correctly
4833	4833	reported gross premiums from writing insurance in this state
4834	4834	against loss or damage by:
4835	4835	(1) bombardment;
4836	4836	(2) civil war or commotion;
4837	4837	(3) cyclone;
4838	4838	(4) earthquake;
4839	4839	(5) excess or deficiency of moisture;
4840	4840	(6) explosion as defined by Section 2002.006(b);
4841	4841	(7) fire;
4842	4842	(8) flood;
4843	4843	(9) frost and freeze;
4844	4844	(10) hail, including loss by hail on farm crops;
4845	4845	(11) insurrection;
4846	4846	(12) invasion;
4847	4847	(13) lightning;
4848	4848	(14) military or usurped power;
4849	4849	(15) an order of a civil authority made to prevent the
4850	4850	spread of a conflagration, epidemic, or catastrophe;
4851	4851	(16) rain;
4852	4852	(17) riot;
4853	4853	(18) the rising of the waters of the ocean or its
4854	4854	tributaries;
4855	4855	(19) smoke or smudge;
4856	4856	(20) strike or lockout;
4857	4857	(21) tornado;
4858	4858	(22) vandalism or malicious mischief;
4859	4859	(23) volcanic eruption;
4860	4860	(24) water or other fluid or substance resulting from
4861	4861	the breakage or leakage of sprinklers, pumps, or other apparatus
4862	4862	erected for extinguishing fires, water pipes, or other conduits or
4863	4863	containers;
4864	4864	(25) weather or climatic conditions;
4865	4865	(26) windstorm;
4866	4866	(27) an event covered under a home warranty insurance
4867	4867	policy; or
4868	4868	(28) an event covered under an inland marine insurance
4869	4869	policy.
4870	4870	SECTION 14.010. Section 551.004, Insurance Code, as added
4871	4871	by Section 11.018(c), Chapter 728 (H.B. 2018), Acts of the 79th
4872	4872	Legislature, Regular Session, 2005, is repealed as substantively
4873	4873	duplicative of Section 551.005, Insurance Code.
4874	4874	SECTION 14.011. Section 885.351, Insurance Code, as amended
4875	4875	by Chapters 548 (S.B. 1263) and 730 (H.B. 2636), Acts of the 80th
4876	4876	Legislature, Regular Session, 2007, is reenacted to read as
4877	4877	follows:
4878	4878	Sec. 885.351. AGENTS. (a) A fraternal benefit society may
4879	4879	appoint an agent licensed by the department under Subchapter B,
4880	4880	Chapter 4054, to sell benefits listed under Section 885.301(a) to
4881	4881	society members.
4882	4882	(b) Except as provided by Section 885.352, a person may not
4883	4883	solicit or procure benefit contracts for a fraternal benefit
4884	4884	society unless the person is licensed as a general life, accident,
4885	4885	and health agent or a life agent under Subchapter B, Chapter 4054.
4886	4886	(c) The licensing and regulation of agents for fraternal
4887	4887	benefit societies is subject to Title 13 and other laws regulating
4888	4888	those agents.
4889	4889	SECTION 14.012. Section 981.203(a), Insurance Code, as
4890	4890	amended by Section 2.09, Chapter 548 (S.B. 1263), Acts of the 80th
4891	4891	Legislature, Regular Session, 2007, and Section 2E.132, Chapter 730
4892	4892	(H.B. 2636), Acts of the 80th Legislature, Regular Session, 2007,
4893	4893	is reenacted to read as follows:
4894	4894	(a) The department may issue a surplus lines license to an
4895	4895	applicant who the department determines complies with Subsection
4896	4896	(b) and is:
4897	4897	(1) an individual who:
4898	4898	(A) has passed an examination under Chapter 4002
4899	4899	and department rules; and
4900	4900	(B) holds a current license as:
4901	4901	(i) a general property and casualty agent
4902	4902	authorized under Subchapter B, Chapter 4051; or
4903	4903	(ii) a managing general agent; or
4904	4904	(2) a corporation, limited liability company, or
4905	4905	partnership that:
4906	4906	(A) has at least one officer or director or at
4907	4907	least one active partner who has passed the required surplus lines
4908	4908	license examination;
4909	4909	(B) holds a current license as:
4910	4910	(i) a general property and casualty agent
4911	4911	authorized under Subchapter B, Chapter 4051; or
4912	4912	(ii) a managing general agent; and
4913	4913	(C) conducts insurance activities under this
4914	4914	chapter only through an individual licensed under this section.
4915	4915	SECTION 14.013. Section 1506.152(e), Insurance Code, is
4916	4916	amended to correct a reference to read as follows:
4917	4917	(e) Notwithstanding Sections 1506.153(a)(1)-(6)
4918	4918	[1506.153(1)-(6)], an individual who is certified as eligible for
4919	4919	trade adjustment assistance or for pension benefit guaranty
4920	4920	corporation assistance, as provided by the Trade Adjustment
4921	4921	Assistance Reform Act of 2002 (Pub. L. No. 107-210), and who has at
4922	4922	least three months of prior health benefit plan coverage, as
4923	4923	described by Section 1506.155(d), is not required to exhaust any
4924	4924	benefits from the continuation of coverage under Title X,
4925	4925	Consolidated Omnibus Budget Reconciliation Act of 1985 (29 U.S.C.
4926	4926	Section 1161 et seq.), as amended (COBRA), or state continuation
4927	4927	benefits to be eligible for coverage from the pool.
4928	4928	SECTION 14.014. Section 1506.153, Insurance Code, as
4929	4929	amended by Chapters 808 (S.B. 1254), 881 (H.B. 1977), and 1070 (H.B.
4930	4930	2548), Acts of the 80th Legislature, Regular Session, 2007, is
4931	4931	reenacted and amended to read as follows:
4932	4932	Sec. 1506.153. INELIGIBILITY FOR COVERAGE. (a)
4933	4933	Notwithstanding Section 1506.152 [Section 1506.152(a)-(c)], an
4934	4934	individual is not eligible for coverage from the pool if:
4935	4935	(1) on the date pool coverage is to take effect, the
4936	4936	individual has health benefit plan coverage from a health benefit
4937	4937	plan issuer or health benefit arrangement in effect, except as
4938	4938	provided by Section 1506.152(a)(3)(E);
4939	4939	(2) at the time the individual applies to the pool,
4940	4940	except as provided in Subsection (b), the individual is eligible
4941	4941	for other health care benefits, including an offer of benefits from
4942	4942	the continuation of coverage under Title X, Consolidated Omnibus
4943	4943	Budget Reconciliation Act of 1985 (29 U.S.C. Section 1161 et seq.),
4944	4944	as amended (COBRA), other than:
4945	4945	(A) coverage, including COBRA or other
4946	4946	continuation coverage or conversion coverage, maintained for any
4947	4947	preexisting condition waiting period under a pool policy or during
4948	4948	any preexisting condition waiting period or other waiting period of
4949	4949	the other coverage;
4950	4950	(B) employer group coverage conditioned by a
4951	4951	limitation of the kind described by Section 1506.152(a)(3)(A) or
4952	4952	(C); or
4953	4953	(C) individual coverage conditioned by a
4954	4954	limitation described by Section 1506.152(a)(3)(C) or (D);
4955	4955	(3) within 12 months before the date the individual
4956	4956	applies to the pool, the individual terminated coverage in the
4957	4957	pool, unless the individual:
4958	4958	(A) demonstrates a good faith reason for the
4959	4959	termination; or
4960	4960	(B) is a federally defined eligible individual;
4961	4961	(4) the individual is confined in a county jail or
4962	4962	imprisoned in a state or federal prison;
4963	4963	(5) any of the individual's premiums are paid for or
4964	4964	reimbursed under a government-sponsored program or by a government
4965	4965	agency or health care provider;
4966	4966	(6) the individual's prior coverage with the pool was
4967	4967	terminated:
4968	4968	(A) during the 12-month period preceding the date
4969	4969	of application for nonpayment of premiums; or
4970	4970	(B) for fraud; or
4971	4971	(7) the individual is eligible for health benefit plan
4972	4972	coverage provided in connection with a policy, plan, or program
4973	4973	paid for or sponsored by an employer, even though the employer
4974	4974	coverage is declined. This subdivision does not apply to an
4975	4975	individual who is a part-time employee eligible to participate in
4976	4976	an employer plan that provides health benefit coverage:
4977	4977	(A) that is more limited or restricted than
4978	4978	coverage with the pool; and
4979	4979	(B) for which there is no employer contribution
4980	4980	to the premium, either directly or indirectly.
4981	4981	(b) An individual eligible for benefits from the
4982	4982	continuation of coverage under Title X, Consolidated Omnibus Budget
4983	4983	Reconciliation Act of 1985 (29 U.S.C. Section 1161 et seq.), as
4984	4984	amended (COBRA), who did not elect continuation of coverage during
4985	4985	the election period, or whose elected continuation of coverage
4986	4986	lapsed or was cancelled without reinstatement, is eligible for pool
4987	4987	coverage. Eligibility under this subsection is subject to a
4988	4988	180-day exclusion of coverage under Section 1506.155(a-1).
4989	4989	SECTION 14.015. Section 1506.159(a), Insurance Code, is
4990	4990	amended to correct a reference to read as follows:
4991	4991	(a) A health benefit plan issuer, agent, third-party
4992	4992	administrator, or other person authorized or licensed under this
4993	4993	code may not arrange or assist in, or attempt to arrange or assist
4994	4994	in, the application for coverage from or placement in the pool of an
4995	4995	individual who is not eligible under Section 1506.153(a)(7)
4996	4996	[1506.153(7)] for coverage from the pool for the purpose of
4997	4997	separating the person from health benefit plan coverage offered or
4998	4998	provided in connection with employment that would be available to
4999	4999	the person as an employee or a dependent of an employee.
5000	5000	SECTION 14.016. Subchapter A, Chapter 1550, Insurance Code,
5001	5001	is repealed to conform to the repeal of Article 21.49-15, Insurance
5002	5002	Code, by Section 2(1), Chapter 700 (H.B. 2015), Acts of the 80th
5003	5003	Legislature, Regular Session, 2007.
5004	5004	SECTION 14.017. (a) The heading of Section 1601.308,
5005	5005	Insurance Code, is amended to more closely reflect the source law
5006	5006	from which that section was derived to read as follows:
5007	5007	Sec. 1601.308. EXPENSES[; PAYMENT BY EMPLOYEES].
5008	5008	(b) Section 1601.308(c), Insurance Code, is amended to more
5009	5009	closely reflect the source law from which that section was derived
5010	5010	to read as follows:
5011	5011	(c) Employees may not be required to [shall] pay [the
5012	5012	expenses of an advisory committee established under this
5013	5013	subchapter] from [:
5014	5014	[(1)] the amount of employer contributions due the
5015	5015	employees or from[; or
5016	5016	[(2)] the amount of additional contributions due for
5017	5017	selected coverages under this chapter the expenses of an advisory
5018	5018	committee established under this subchapter.
5019	5019	SECTION 14.018. (a) Section 6002.002, Insurance Code, is
5020	5020	amended to conform to the amendment of Section 2(8), and the
5021	5021	addition of Section 2(17), Article 5.43-2, Insurance Code, by
5022	5022	Section 1, Chapter 1051 (H.B. 2118), Acts of the 80th Legislature,
5023	5023	Regular Session, 2007, by amending Subdivision (9) and adding
5024	5024	Subdivision (12-a) to read as follows:
5025	5025	(9) "Monitoring" means the receipt of fire alarm and
5026	5026	supervisory signals [and the retransmission] or communication of
5027	5027	those signals to a fire service communications center in this state
5028	5028	or serving property in this state.
5029	5029	(12-a) "Residential fire alarm technician" means a
5030	5030	licensed individual who is designated by a registered firm to
5031	5031	install, service, inspect, and certify residential single-family
5032	5032	or two-family fire alarm or detection systems.
5033	5033	(b) Section 6002.003, Insurance Code, is amended to conform
5034	5034	to the addition of Sections 3(d) and (e), Article 5.43-2, Insurance
5035	5035	Code, by Section 2, Chapter 1051 (H.B. 2118), Acts of the 80th
5036	5036	Legislature, Regular Session, 2007, by adding Subsections (f) and
5037	5037	(g) to read as follows:
5038	5038	(f) A political subdivision may not require a registered
5039	5039	firm, a license holder, or an employee of a registered firm to
5040	5040	maintain a business location or residency within that political
5041	5041	subdivision to engage in a business or perform any activity
5042	5042	authorized under this chapter.
5043	5043	(g) A municipality or county may by ordinance require a
5044	5044	registered firm to make a telephone call to a monitored property
5045	5045	before the firm notifies the municipality or county of an alarm
5046	5046	signal received by the firm from a fire detection device.
5047	5047	(c) Section 6002.004(b), Insurance Code, is amended to
5048	5048	conform to the amendment of Section 7(b), Article 5.43-2, Insurance
5049	5049	Code, by Section 8, Chapter 1051 (H.B. 2118), Acts of the 80th
5050	5050	Legislature, Regular Session, 2007, to read as follows:
5051	5051	(b) Except as provided by Subsection (c), a political
5052	5052	subdivision may not offer [residential] alarm system sales,
5053	5053	service, installation, or monitoring unless the political
5054	5054	subdivision has been providing monitoring services [to residences]
5055	5055	within the boundaries of the political subdivision as of September
5056	5056	1, 1999. Any fee charged by the political subdivision under this
5057	5057	subsection may not exceed the cost of the monitoring.
5058	5058	(d) Section 6002.054(a), Insurance Code, is amended to
5059	5059	conform to the addition of Section 5(c-1), Article 5.43-2,
5060	5060	Insurance Code, by Section 3, Chapter 1051 (H.B. 2118), Acts of the
5061	5061	80th Legislature, Regular Session, 2007, to read as follows:
5062	5062	(a) The commissioner shall set the fee for:
5063	5063	(1) an initial registration certificate in an amount
5064	5064	not to exceed $500;
5065	5065	(2) the renewal of a registration certificate for each
5066	5066	year in an amount not to exceed $500;
5067	5067	(3) the renewal of a registration certificate for an
5068	5068	individual or organization engaged in the business of planning,
5069	5069	certifying, leasing, selling, servicing, installing, monitoring,
5070	5070	or maintaining exclusively single station devices in an amount not
5071	5071	to exceed $250 annually;
5072	5072	(4) an initial branch office registration certificate
5073	5073	in an amount not to exceed $150;
5074	5074	(5) the renewal of a branch office registration
5075	5075	certificate for each year in an amount not to exceed $150;
5076	5076	(6) an initial or renewal training school approval in
5077	5077	an amount not to exceed $500 annually;
5078	5078	(7) an initial or renewal of a training school
5079	5079	instructor approval in an amount not to exceed $50 annually;
5080	5080	(8) an initial license in an amount not to exceed $120,
5081	5081	except as provided by Subdivision (10); [and]
5082	5082	(9) the renewal of a license for each year in an amount
5083	5083	not to exceed $100, except as provided by Subdivision (10); and
5084	5084	(10) an initial fee and a renewal fee for a residential
5085	5085	fire alarm technician license in an amount not to exceed $50.
5086	5086	(e) Section 6002.154, Insurance Code, is amended to conform
5087	5087	to the addition of Sections 5(c-1) and 7(f), Article 5.43-2,
5088	5088	Insurance Code, by Sections 3 and 8, Chapter 1051 (H.B. 2118), Acts
5089	5089	of the 80th Legislature, Regular Session, 2007, by amending
5090	5090	Subsection (b) and adding Subsection (d-1) to read as follows:
5091	5091	(b) A fire alarm technician, residential fire alarm
5092	5092	technician, residential fire alarm superintendent, or fire alarm
5093	5093	planning superintendent must hold a license issued by the
5094	5094	department, conditioned on the successful completion of a written
5095	5095	license examination.
5096	5096	(d-1) A residential fire alarm technician may only provide
5097	5097	direct on-site supervision to an employee of a registered firm for
5098	5098	work performed under this chapter in a single-family or two-family
5099	5099	dwelling.
5100	5100	(f) Section 6002.155, Insurance Code, is amended to conform
5101	5101	to the amendment of Section 3(b), Article 5.43-2, Insurance Code,
5102	5102	by Section 2, Chapter 1051 (H.B. 2118), Acts of the 80th
5103	5103	Legislature, Regular Session, 2007, to read as follows:
5104	5104	Sec. 6002.155. ACTIVITIES NOT REGULATED BY CHAPTER. The
5105	5105	licensing provisions of this chapter do not apply to:
5106	5106	(1) an individual or organization in the business of
5107	5107	building construction that installs electrical wiring and devices
5108	5108	that may include, in part, the installation of a fire alarm or
5109	5109	detection system if:
5110	5110	(A) the individual or organization is a party to
5111	5111	a contract that provides that:
5112	5112	(i) the installation will be performed
5113	5113	under the direct supervision of and certified by a licensed
5114	5114	employee or agent of a firm registered to install and certify such
5115	5115	an alarm or detection device; and
5116	5116	(ii) the registered firm assumes full
5117	5117	responsibility for the installation of the alarm or detection
5118	5118	device; and
5119	5119	(B) the individual or organization does not plan,
5120	5120	certify, lease, sell, service, or maintain fire alarms or detection
5121	5121	devices or systems;
5122	5122	(2) an individual or organization that:
5123	5123	(A) owns and installs a fire detection or fire
5124	5124	alarm device on the individual's or organization's own property; or
5125	5125	(B) if the individual or organization does not
5126	5126	charge for the device or its installation, installs the device for
5127	5127	the protection of the individual's or organization's personal
5128	5128	property located on another's property and does not install the
5129	5129	device as a normal business practice on the property of another;
5130	5130	(3) an individual who holds a license or other
5131	5131	authority issued by a municipality to practice as an electrician
5132	5132	and who installs fire or smoke detection and alarm devices only in a
5133	5133	single family or multifamily residence if:
5134	5134	(A) the devices installed are:
5135	5135	(i) single station detectors; or
5136	5136	(ii) multiple station detectors capable of
5137	5137	being connected in a manner that actuation of one detector causes
5138	5138	all integral or separate alarms to operate if the detectors are not
5139	5139	connected to a control panel or to an outside alarm, do not transmit
5140	5140	a signal off the premises, and do not use more than 120 volts; and
5141	5141	(B) all installations comply with the adopted
5142	5142	edition of [Household Fire Warning Equipment,] National Fire
5143	5143	Protection Association Standard No. 72 [74];
5144	5144	(4) an individual or organization that:
5145	5145	(A) sells fire detection or fire alarm devices
5146	5146	exclusively over-the-counter or by mail order; and
5147	5147	(B) does not plan, certify, install, service, or
5148	5148	maintain the devices;
5149	5149	(5) a law enforcement agency or fire department or a
5150	5150	law enforcement officer or firefighter acting in an official
5151	5151	capacity that responds to a fire alarm or detection device;
5152	5152	(6) an engineer licensed under Chapter 1001,
5153	5153	Occupations Code, acting solely in the engineer's professional
5154	5154	capacity;
5155	5155	(7) an individual or organization that provides and
5156	5156	installs at no charge to the property owners or residents a
5157	5157	battery-powered smoke detector in a single-family or two-family
5158	5158	residence if:
5159	5159	(A) the smoke detector bears a label of listing
5160	5160	or approval by a testing laboratory approved by the department;
5161	5161	(B) the installation complies with the adopted
5162	5162	edition of National Fire Protection Association Standard No. 72
5163	5163	[74];
5164	5164	(C) the installers are knowledgeable in fire
5165	5165	protection and the proper use of smoke detectors; and
5166	5166	(D) the detector is a single station installation
5167	5167	and not a part of or connected to any other detection device or
5168	5168	system;
5169	5169	(8) an [a regular] employee of a registered firm who is
5170	5170	under the direct on-site supervision of a license holder;
5171	5171	(9) a building owner, the owner's managing agent, or an
5172	5172	employee of the owner or agent who installs battery-operated single
5173	5173	station smoke detectors or monitor fire alarm or fire detection
5174	5174	devices or systems in the owner's building, and in which the
5175	5175	monitoring:
5176	5176	(A) is performed at the owner's property at no
5177	5177	charge to the occupants of the building;
5178	5178	(B) complies with applicable standards of the
5179	5179	National Fire Protection Association as may be adopted by rule
5180	5180	under this chapter; and
5181	5181	(C) uses equipment approved by a testing
5182	5182	laboratory approved by the department for fire alarm monitoring;
5183	5183	(10) an individual employed by a registered firm that
5184	5184	sells and installs a smoke or heat detector in a single-family or
5185	5185	two-family residence if:
5186	5186	(A) the detector bears a label of listing or
5187	5187	approval by a testing laboratory approved by the department;
5188	5188	(B) the installation complies with the adopted
5189	5189	edition of National Fire Protection Association Standard No. 72
5190	5190	[74];
5191	5191	(C) the installers are knowledgeable in fire
5192	5192	protection and the proper use and placement of detectors; and
5193	5193	(D) the detector is a single station installation
5194	5194	and not a part of or connected to any other detection device or
5195	5195	system; or
5196	5196	(11) an individual or organization licensed to install
5197	5197	or service burglar alarms under Chapter 1702, Occupations Code,
5198	5198	that provides and installs in a single-family or two-family
5199	5199	residence a combination keypad that includes a panic button to
5200	5200	initiate a fire alarm signal if the fire alarm signal:
5201	5201	(A) is monitored by a fire alarm firm registered
5202	5202	under this chapter; and
5203	5203	(B) is not initiated by a fire or smoke detection
5204	5204	device.
5205	5205	(g) Section 6002.154, Insurance Code, is amended to conform
5206	5206	to the addition of Section 5D(a-2), Article 5.43-2, Insurance Code,
5207	5207	by Section 5, Chapter 1051 (H.B. 2118), Acts of the 80th
5208	5208	Legislature, Regular Session, 2007, by adding Subsection (d-2) to
5209	5209	read as follows:
5210	5210	(d-2) An applicant for a residential fire alarm technician
5211	5211	license must provide with the required license application evidence
5212	5212	of the applicant's successful completion of the required
5213	5213	instruction from a training school approved by the state fire
5214	5214	marshal in accordance with Section 6002.158.
5215	5215	(h) Section 6002.158(e), Insurance Code, is amended to
5216	5216	conform to the amendment of Section 5D(d), Article 5.43-2,
5217	5217	Insurance Code, by Section 5, Chapter 1051 (H.B. 2118), Acts of the
5218	5218	80th Legislature, Regular Session, 2007, to read as follows:
5219	5219	(e) The curriculum for [a fire alarm technician course or] a
5220	5220	residential fire alarm technician [superintendent] course must
5221	5221	consist of at least eight [16] hours of [classroom] instruction on
5222	5222	installing, servicing, and maintaining single-family and
5223	5223	two-family residential fire alarm systems as defined by National
5224	5224	Fire Protection Standard No. 72 [for each license category].
5225	5225	(i) Subchapter B, Chapter 6002, Insurance Code, is amended
5226	5226	to conform to the addition of Section 6A(c), Article 5.43-2,
5227	5227	Insurance Code, by Section 7, Chapter 1051 (H.B. 2118), Acts of the
5228	5228	80th Legislature, Regular Session, 2007, by adding Section
5229	5229	6002.0531 to read as follows:
5230	5230	Sec. 6002.0531. RULES REQUIRING FINANCIAL RESPONSIBILITY.
5231	5231	The commissioner may not adopt a rule to administer this chapter
5232	5232	that requires a person who holds a license under this chapter to
5233	5233	obtain additional certification that imposes a financial
5234	5234	responsibility on the license holder.
5235	5235	(j) Subchapter B, Chapter 6002, Insurance Code, is amended
5236	5236	to conform to the addition of Section 5G, Article 5.43-2, Insurance
5237	5237	Code, by Section 6, Chapter 1051 (H.B. 2118), Acts of the 80th
5238	5238	Legislature, Regular Session, 2007, by adding Section 6002.056 to
5239	5239	read as follows:
5240	5240	Sec. 6002.056. DEPARTMENT RECORDS. Records maintained by
5241	5241	the department under this chapter on the home address, home
5242	5242	telephone number, driver's license number, or social security
5243	5243	number of an applicant or a license or registration holder are
5244	5244	confidential and are not subject to mandatory disclosure under
5245	5245	Chapter 552, Government Code.
5246	5246	(k) Section 6002.252, Insurance Code, is amended to conform
5247	5247	to the amendment of Section 9(d), Article 5.43-2, Insurance Code,
5248	5248	by Section 9, Chapter 1051 (H.B. 2118), Acts of the 80th
5249	5249	Legislature, Regular Session, 2007, to read as follows:
5250	5250	Sec. 6002.252. REQUIRED PURCHASE AND INSTALLATION
5251	5251	INFORMATION. A fire detection or fire alarm device may not be sold
5252	5252	or installed in this state unless the device is accompanied by
5253	5253	printed information that:
5254	5254	(1) is supplied to the owner by the supplier or
5255	5255	installing contractor; and
5256	5256	(2) concerns:
5257	5257	(A) instructions describing the installation,
5258	5258	operation, testing, and proper maintenance of the device;
5259	5259	(B) information to aid in establishing an
5260	5260	emergency evacuation plan for the protected premises; [and]
5261	5261	(C) the telephone number and location, including
5262	5262	notification procedures, of the nearest fire department; and
5263	5263	(D) information that will aid in reducing the
5264	5264	number of false alarms.
5265	5265	(l) Section 6002.253, Insurance Code, is amended to conform
5266	5266	to the amendment of Section 9(e), Article 5.43-2, Insurance Code,
5267	5267	by Section 9, Chapter 1051 (H.B. 2118), Acts of the 80th
5268	5268	Legislature, Regular Session, 2007, to read as follows:
5269	5269	Sec. 6002.253. TRAINING AND SUPERVISION OF CERTAIN EXEMPT
5270	5270	EMPLOYEES. Each registered firm that employs an individual who is
5271	5271	exempt from the licensing requirements of this chapter under
5272	5272	Section 6002.155(10) shall appropriately train and supervise the
5273	5273	individual to ensure that:
5274	5274	(1) each installation complies with the adopted
5275	5275	provisions of National Fire Protection Association Standard No. 72
5276	5276	[74] or other adopted standards;
5277	5277	(2) each smoke or heat detector installed or sold
5278	5278	carries a label or listing of approval by a testing laboratory
5279	5279	approved by the department; and
5280	5280	(3) the individual is knowledgeable in fire protection
5281	5281	and the proper use and placement of detectors.
5282	5282	(m) Sections 1, 2, 3, 4, 5, 7, 8, and 9, Chapter 1051 (H.B.
5283	5283	2118), Acts of the 80th Legislature, Regular Session, 2007, which
5284	5284	amended Sections 2, 3, 5, 5B, 5D, 6A, 7, and 9, Article 5.43-2,
5285	5285	Insurance Code, respectively, are repealed.
5286	5286	(n) Section 5G, Article 5.43-2, Insurance Code, as added by
5287	5287	Section 6, Chapter 1051 (H.B. 2118), Acts of the 80th Legislature,
5288	5288	Regular Session, 2007, is repealed.
5289	5289	ARTICLE 15. CHANGES RELATING TO LOCAL GOVERNMENT CODE
5290	5290	SECTION 15.001. Section 87.032, Local Government Code, is
5291	5291	amended to conform more closely to the source law from which the
5292	5292	section was derived to read as follows:
5293	5293	Sec. 87.032. APPEAL; SUSPENSION. If the officer appeals
5294	5294	the judgment, the appeal supersedes the order of removal unless the
5295	5295	court that renders the judgment finds that it is in the public
5296	5296	interest to suspend the officer pending the appeal. If the court
5297	5297	finds that the public interest requires suspension, the court shall
5298	5298	suspend the officer as provided by this chapter [subchapter].
5299	5299	SECTION 15.002. Section 111.033, Local Government Code, as
5300	5300	amended by Chapters 563 (S.B. 1510) and 924 (H.B. 3195), Acts of the
5301	5301	80th Legislature, Regular Session, 2007, is reenacted to read as
5302	5302	follows:
5303	5303	Sec. 111.033. ANNUAL BUDGET REQUIRED. (a) Within 30 days
5304	5304	before the first day of each fiscal year or on or immediately after
5305	5305	that first day, the county auditor shall prepare a budget to cover
5306	5306	the proposed expenditures of the county government for that fiscal
5307	5307	year.
5308	5308	(b) A proposed budget that will require raising more revenue
5309	5309	from property taxes than in the previous year must contain a cover
5310	5310	page with the following statement in 18-point or larger
5311	5311	type: "This budget will raise more total property taxes than last
5312	5312	year's budget by (insert total dollar amount of increase and
5313	5313	percentage increase), and of that amount (insert amount computed by
5314	5314	multiplying the proposed tax rate by the value of new property added
5315	5315	to the roll) is tax revenue to be raised from new property added to
5316	5316	the tax roll this year."
5317	5317	SECTION 15.003. Section 142.155, Local Government Code, is
5318	5318	amended to add appropriate subsection lettering to read as follows:
5319	5319	Sec. 142.155. RECOGNITION OF EMERGENCY MEDICAL SERVICES
5320	5320	PERSONNEL ASSOCIATION. (a) The governing body of a municipality
5321	5321	may recognize an association that submits a petition signed by a
5322	5322	majority of the emergency medical services personnel in the
5323	5323	municipality, excluding the head of the emergency medical services
5324	5324	department and any person who is exempt under Subsection (b), as the
5325	5325	sole and exclusive bargaining agent for all of the covered
5326	5326	emergency medical services personnel until recognition of the
5327	5327	association is withdrawn by a majority of the covered emergency
5328	5328	medical services personnel.
5329	5329	(b) For purposes of Subsection (a), exempt employees are
5330	5330	assistant department heads in the rank or classification
5331	5331	immediately below that of the department head and any other
5332	5332	employees who are designated as exempt or whose job titles are
5333	5333	designated as exempt by the mutual agreement of the recognized
5334	5334	association and the public employer.
5335	5335	SECTION 15.004. Section 152.032(d), Local Government Code,
5336	5336	as amended by Chapters 401 (S.B. 833), 430 (S.B. 1630), and 1260
5337	5337	(H.B. 2917), Acts of the 80th Legislature, Regular Session, 2007,
5338	5338	is reenacted and amended to read as follows:
5339	5339	(d) The amount of the compensation and allowances of a
5340	5340	county auditor in a county subject to this subsection may be set in
5341	5341	an amount that exceeds the limit established by [in] Subsection (a)
5342	5342	if the compensation and allowances are approved by the
5343	5343	commissioners court of the county. This subsection applies only
5344	5344	to:
5345	5345	(1) a county with a population of more than 77,000 and
5346	5346	less than 80,000;
5347	5347	(2) a county with a population of 500,000 or more,
5348	5348	excluding a county subject to Subsection (b);
5349	5349	(3) a county with a population of more than 1,000 and
5350	5350	less than 21,000 that borders the Gulf of Mexico; and
5351	5351	(4) a county that borders a county subject to
5352	5352	Subsection (b) and that has a population of more [greater] than
5353	5353	50,000 and less than 85,000.
5354	5354	SECTION 15.005. Section 176.006(e), Local Government Code,
5355	5355	as set out, but not amended, by Section 6, Chapter 226 (H.B. 1491),
5356	5356	Acts of the 80th Legislature, Regular Session, 2007, is repealed to
5357	5357	conform to the repeal of that subsection by Section 9, Chapter 226
5358	5358	(H.B. 1491), Acts of the 80th Legislature, Regular Session, 2007.
5359	5359	SECTION 15.006. Sections 191.007(c) and (h), Local
5360	5360	Government Code, are amended to correct a cross-reference to read
5361	5361	as follows:
5362	5362	(c) Except as provided by Section 11.008(c) [11.008(b)],
5363	5363	Property Code, a clearly identifying heading, similar to the
5364	5364	headings on most commercially supplied printed forms, must be
5365	5365	placed at the top of the first page to identify the type or kind of
5366	5366	legal paper.
5367	5367	(h) The filing fee or recording fee for each page of a legal
5368	5368	paper that is presented for filing or recording to a county clerk
5369	5369	and fails to meet one or more of the requirements prescribed by
5370	5370	Subsections (b) through (g) is equal to twice the regular filing fee
5371	5371	or recording fee provided by statute for that page. However, the
5372	5372	failure of a page to meet the following requirements does not result
5373	5373	in a fee increase under this subsection:
5374	5374	(1) the requirement prescribed by Subsection (b)(3)
5375	5375	relating to type size; and
5376	5376	(2) provided that the legal paper complies with
5377	5377	Section 11.008(c) [11.008(b)], Property Code, the requirement
5378	5378	prescribed by Subsection (c) that a legal paper have a clearly
5379	5379	identifying heading.
5380	5380	SECTION 15.007. Section 334.008(a), Local Government Code,
5381	5381	as added by Chapters 658 (H.B. 1166) and 869 (H.B. 1524), Acts of
5382	5382	the 80th Legislature, Regular Session, 2007, is reenacted to read
5383	5383	as follows:
5384	5384	(a) A county that contains no incorporated territory of a
5385	5385	municipality may provide for the planning, acquisition,
5386	5386	establishment, development, construction, or renovation of a
5387	5387	county parks and recreation system as a venue project under this
5388	5388	chapter if the county:
5389	5389	(1) is located on an international border and has a
5390	5390	population of less than 15,000; or
5391	5391	(2) has a population of less than 2,000.
5392	5392	SECTION 15.008. Sections 373A.052(a) and (b), Local
5393	5393	Government Code, as amended by Chapters 1034 (H.B. 1742) and 1175
5394	5394	(H.B. 470), Acts of the 80th Legislature, Regular Session, 2007,
5395	5395	are reenacted to read as follows:
5396	5396	(a) To be designated as a district within a municipality
5397	5397	described by Section 373A.003(a) under this subchapter, an area
5398	5398	must be composed of census tracts forming a spatially compact area
5399	5399	contiguous to a central business district and with:
5400	5400	(1) fewer than 25,000 residents;
5401	5401	(2) fewer than 8,000 households;
5402	5402	(3) a number of owner-occupied households that does
5403	5403	not exceed 50 percent of the total households in the area;
5404	5404	(4) housing stock at least 55 percent of which was
5405	5405	built at least 45 years ago;
5406	5406	(5) an unemployment rate that is greater than 10
5407	5407	percent;
5408	5408	(6) an overall poverty rate that is at least two
5409	5409	times the poverty rate for the entire municipality; and
5410	5410	(7) in each census tract within the area, a median
5411	5411	family income that is less than 60 percent of the median family
5412	5412	income for the entire municipality.
5413	5413	(b) To be designated as a district within a municipality
5414	5414	described by Section 373A.003(b) under this subchapter, an area
5415	5415	must be composed of census tracts forming a spatially compact area
5416	5416	contiguous to a central business district and with:
5417	5417	(1) fewer than 75,000 residents;
5418	5418	(2) a median family income that is less than $30,000
5419	5419	according to the last decennial census; and
5420	5420	(3) an overall poverty rate that is at least two times
5421	5421	the poverty rate for the entire municipality.
5422	5422	SECTION 15.009. Subchapter C, Chapter 372, Local Government
5423	5423	Code, is transferred to Subtitle B, Title 12, Local Government
5424	5424	Code, redesignated as Chapter 382, Local Government Code, and
5425	5425	amended to read as follows:
5426	5426	CHAPTER 382. [SUBCHAPTER C.] IMPROVEMENT PROJECTS IN CERTAIN
5427	5427	COUNTIES
5428	5428	SUBCHAPTER A. GENERAL PROVISIONS
5429	5429	Sec. 382.001 [372.101]. DEFINITIONS. (a) In this chapter
5430	5430	[subchapter]:
5431	5431	(1) "Board" means the board of directors of a
5432	5432	district.
5433	5433	(2) "District" means a public improvement district
5434	5434	created by a county under this chapter [subchapter].
5435	5435	(3) "Hotel" has the meaning assigned by Section
5436	5436	156.001, Tax Code, and includes a timeshare, overnight lodging
5437	5437	unit, or condominium during the time the timeshare, overnight
5438	5438	lodging unit, or condominium is rented by a person who is not the
5439	5439	owner of the timeshare, overnight lodging unit, or condominium.
5440	5440	(4) "Municipality" means the municipality in whose
5441	5441	extraterritorial jurisdiction the improvement project is to be
5442	5442	located.
5443	5443	Sec. 382.002 [372.1011]. APPLICABILITY. This chapter
5444	5444	[subchapter] applies only to:
5445	5445	(1) a county with a population of 825,000 or more,
5446	5446	other than a county that:
5447	5447	(A) borders on the Gulf of Mexico or a bay or
5448	5448	inlet of the gulf; or
5449	5449	(B) has two municipalities located wholly or
5450	5450	partly in its boundaries each having a population of 300,000 or
5451	5451	more; or
5452	5452	(2) a county with a population of 70,000 or more that
5453	5453	is adjacent to a county described by Subdivision (1) in which a
5454	5454	municipality with a population of 35,000 or more is primarily
5455	5455	situated and includes all or a part of the extraterritorial
5456	5456	jurisdiction of a municipality with a population of 1.1 million or
5457	5457	more.
5458	5458	Sec. 382.003 [372.102]. NATURE OF DISTRICT; PURPOSE. (a) A
5459	5459	district is created under Section 52, Article III, and Section 59,
5460	5460	Article XVI, Texas Constitution.
5461	5461	(b) By enacting this chapter [subchapter], the legislature
5462	5462	has created a program for economic development as provided in
5463	5463	Section 52-a, Article III, Texas Constitution. A county may engage
5464	5464	in economic development projects as provided by this chapter
5465	5465	[subchapter], and, on a determination of the commissioners court of
5466	5466	the county to create a district, may delegate the authority to
5467	5467	oversee and manage the economic development project to an appointed
5468	5468	board of directors. In appointing a board, the commissioners court
5469	5469	delegates its authority to serve a public use and benefit.
5470	5470	Sec. 382.004 [372.103]. COUNTY MAY ESTABLISH DISTRICT. A
5471	5471	county may create a public improvement district under this chapter
5472	5472	[subchapter] if the county determines it is in the county's best
5473	5473	interest. A district [created under this subchapter] is a
5474	5474	political subdivision of this state.
5475	5475	Sec. 382.005 [372.104]. APPLICABILITY; CONFLICT OF LAWS.
5476	5476	This chapter [subchapter] controls to the extent of a conflict
5477	5477	between this chapter [subchapter] and Subchapter A, Chapter 372.
5478	5478	Sec. 382.006 [372.105]. ESTABLISHMENT OF ECONOMIC
5479	5479	DEVELOPMENT PROJECTS; OPTIONAL CREATION OF PUBLIC IMPROVEMENT
5480	5480	DISTRICT. (a) The commissioners court of a county may on receipt of
5481	5481	a petition satisfying the requirements of Section 372.005,
5482	5482	establish by order an economic development project in a designated
5483	5483	portion of the county, or, if the county determines it is in the
5484	5484	best interests of the county, create a district by order only in an
5485	5485	area located in the extraterritorial jurisdiction of a municipality
5486	5486	in that county. If the county is a county described by Section
5487	5487	382.002(2) [372.1011(2)], the petition described by this
5488	5488	subsection must also be approved by a resolution adopted by the
5489	5489	municipality with a population of 1.1 million or more.
5490	5490	(b) For a county described by Section 382.002(2)
5491	5491	[372.1011(2)], a district may only be created in an area containing
5492	5492	at least 2,000 contiguous acres of land that is located wholly or
5493	5493	partly in the extraterritorial jurisdiction of a municipality with
5494	5494	a population of 1.1 million or more.
5495	5495	(c) The order must:
5496	5496	(1) describe the territory in which the economic
5497	5497	development project is to be located or the boundaries of a
5498	5498	district;
5499	5499	(2) specifically authorize the district to exercise
5500	5500	the powers of this chapter [subchapter] if the county has
5501	5501	determined that creating a district is in the county's best
5502	5502	interests; and
5503	5503	(3) state whether the petition requests improvements
5504	5504	to be financed and paid for with taxes authorized by this chapter
5505	5505	[subchapter] instead of or in addition to assessments.
5506	5506	[Sections 382.007-382.050 reserved for expansion]
5507	5507	SUBCHAPTER B. BOARD OF DIRECTORS
5508	5508	Sec. 382.051 [372.106]. GOVERNING BODY; TERMS. If a county
5509	5509	elects to delegate the authority granted under this chapter
5510	5510	[subchapter], it shall appoint a board of seven directors to serve
5511	5511	staggered two-year terms, with three or four directors' terms
5512	5512	expiring June 1 of each year to manage the economic development
5513	5513	project or, at the option of the county, govern the district.
5514	5514	Sec. 382.052 [372.107]. ELIGIBILITY. (a) To be eligible to
5515	5515	serve as a director, a person must be at least 18 years old.
5516	5516	(b) If the population of the district is more than 1,000, to
5517	5517	be eligible to serve as a director, a person must be at least 18
5518	5518	years old, reside in the district, and meet the qualifications of
5519	5519	Section 375.063.
5520	5520	Sec. 382.053 [372.108]. VACANCIES; QUORUM. (a) A board
5521	5521	vacancy is filled in the same manner as the original appointment.
5522	5522	(b) A vacant board position is not counted for the purposes
5523	5523	of establishing a quorum of the board.
5524	5524	Sec. 382.054 [372.109]. CONFLICTS OF INTEREST. Chapter 171
5525	5525	governs conflicts of interest for directors.
5526	5526	Sec. 382.055 [372.110]. COMPENSATION. (a) For purposes of
5527	5527	this section, "performs the duties of a director" means substantial
5528	5528	performance of the management of the district's business, including
5529	5529	participation in board and committee meetings and other activities
5530	5530	involving the substantive deliberation of district business and in
5531	5531	pertinent educational programs, but does not include routine or
5532	5532	ministerial activities such as the execution of documents or
5533	5533	self-preparation for meetings.
5534	5534	(b) A county is authorized to compensate the directors when
5535	5535	they perform the duties of a director. The county shall compensate
5536	5536	a director not more than $50 a day for each day that the director
5537	5537	performs the duties of a director.
5538	5538	Sec. 382.056 [372.111]. OATH AND BOND; OFFICER ELECTIONS. As
5539	5539	soon as practicable, a board member shall give the bond and take the
5540	5540	oath of office in accordance with Section 375.067, and the board
5541	5541	shall elect officers in accordance with Section 375.068.
5542	5542	[Sections 382.057-382.100 reserved for expansion]
5543	5543	SUBCHAPTER C. POWERS AND DUTIES
5544	5544	Sec. 382.101 [372.113]. COUNTY'S GENERAL POWERS AND DUTIES.
5545	5545	(a) A county operating under this chapter [subchapter] has the
5546	5546	powers and duties of:
5547	5547	(1) a county development district under Chapter 383,
5548	5548	except for Section 383.066;
5549	5549	(2) a road district created by a county under Section
5550	5550	52, Article III, Texas Constitution; and
5551	5551	(3) a municipality or county under Chapter 380 or 381,
5552	5552	or under Section 372.003(b)(9).
5553	5553	(b) A county is authorized to manage an economic development
5554	5554	project in a designated portion of the county, or to create a
5555	5555	district and to delegate to a board the county's powers and duties
5556	5556	as provided by this chapter [subchapter].
5557	5557	(c) A county may not delegate to a district the powers and
5558	5558	duties of a road district or the power to provide water, wastewater,
5559	5559	or drainage facilities under this section unless both the
5560	5560	municipality and county consent by resolution.
5561	5561	Sec. 382.102 [372.114]. DEVELOPMENT AGREEMENTS. A county may
5562	5562	enter into a development agreement with an owner of land in the
5563	5563	territory designated for an economic development project, or a
5564	5564	district may enter into a development agreement, for a term not to
5565	5565	exceed 30 years on any terms and conditions the county or the board
5566	5566	considers advisable. The parties may amend the agreement.
5567	5567	Sec. 382.103 [372.115]. ECONOMIC DEVELOPMENT AGREEMENT;
5568	5568	ELECTION; TAXES. (a) A county may enter into an agreement, only on
5569	5569	terms and conditions the commissioners court and a board consider
5570	5570	advisable, to make a grant or loan of public money to promote state
5571	5571	or local economic development and to stimulate business and
5572	5572	commercial activity in the territory where the economic development
5573	5573	project is located, or in the district, including a grant or loan to
5574	5574	induce the construction of a tourist destination or attraction in
5575	5575	accordance with Chapter 380 or 381.
5576	5576	(b) If authorized by the county, a district [created by the
5577	5577	county] may order an election to be held in the district to approve
5578	5578	a grant or loan agreement. The grant or loan may be payable over a
5579	5579	term of years and be enforceable on the district under the terms of
5580	5580	the agreement and the conditions of the election, which may,
5581	5581	subject to the requirements of Section 382.153(c) [372.127(c)],
5582	5582	include the irrevocable obligation to impose an ad valorem tax,
5583	5583	sales and use tax, or hotel occupancy tax for a term not to exceed 30
5584	5584	years. If authorized at the election, the board may contract to pay
5585	5585	the taxes to the recipient of the grant or loan in accordance with
5586	5586	the agreement.
5587	5587	(c) If the property owners petitioning a county to create a
5588	5588	district under Section 382.006 [372.105] propose that the district
5589	5589	be created only to provide economic development grants or loans and
5590	5590	road improvements and not to impose assessments, and the county
5591	5591	determines that the creation of the district is in the best
5592	5592	interests of the county, the district is not required to prepare a
5593	5593	feasibility report, a service plan or assessment plan, or an
5594	5594	assessment roll as required by Subchapter A, Chapter 372 [this
5595	5595	chapter].
5596	5596	Sec. 382.104 [372.116]. CONTRACTS; GENERAL. (a) A district
5597	5597	may contract with any person, including the municipality or county,
5598	5598	on the terms and conditions and for a period of time the board
5599	5599	determines, to:
5600	5600	(1) accomplish any district purpose, including a
5601	5601	contract to pay, repay, or reimburse from tax proceeds or another
5602	5602	specified source of money any costs, including reasonable interest,
5603	5603	incurred by a person on the county's or the district's behalf,
5604	5604	including all or part of the costs of an improvement project; and
5605	5605	(2) receive, administer, and perform the county's or
5606	5606	the district's duties and obligations under a gift, grant, loan,
5607	5607	conveyance, or other financial assistance arrangement relating to
5608	5608	the investigation, planning, analysis, study, design, acquisition,
5609	5609	construction, improvement, completion, implementation, or
5610	5610	operation by the district or another person of an improvement
5611	5611	project or proposed improvement project.
5612	5612	(b) A state agency, municipality, county, other political
5613	5613	subdivision, corporation, or other person may contract with the
5614	5614	county or district to carry out the purposes of this chapter
5615	5615	[subchapter].
5616	5616	Sec. 382.105 [372.117]. PROCUREMENT CONTRACTS. A district
5617	5617	may contract for materials, supplies, and construction:
5618	5618	(1) in accordance with the laws applicable to
5619	5619	counties; or
5620	5620	(2) in the same manner that a local government
5621	5621	corporation created pursuant to Chapter 431, Transportation Code,
5622	5622	is authorized to contract.
5623	5623	Sec. 382.106 [372.118]. RULES; ENFORCEMENT. A county may
5624	5624	authorize the board to adopt rules:
5625	5625	(1) to administer and operate the district;
5626	5626	(2) for the use, enjoyment, availability, protection,
5627	5627	security, and maintenance of district property, including
5628	5628	facilities; or
5629	5629	(3) to provide for public safety and security in the
5630	5630	district.
5631	5631	Sec. 382.107 [372.119]. FEES. A county may authorize a board
5632	5632	to establish, revise, repeal, enforce, collect, and apply the
5633	5633	proceeds from user fees or charges for the enjoyment, sale, rental,
5634	5634	or other use of its facilities or other property, or for services or
5635	5635	improvement projects.
5636	5636	Sec. 382.108 [372.120]. RULES; REGULATION OF ROADS AND OTHER
5637	5637	PUBLIC AREAS. (a) A county may authorize a board to adopt rules to
5638	5638	regulate the private use of public roadways, open spaces, parks,
5639	5639	sidewalks, and similar public areas in the district, if the use is
5640	5640	for a public purpose.
5641	5641	(b) A rule, order, ordinance, or regulation of a county or
5642	5642	municipality that conflicts with a rule adopted under this section
5643	5643	controls to the extent of any conflict.
5644	5644	(c) A rule adopted under this section may provide for the
5645	5645	safe and orderly use of public roadways, open spaces, parks,
5646	5646	sidewalks, and similar public areas in the area of the district or
5647	5647	economic development project.
5648	5648	Sec. 382.109 [372.121]. ROAD PROJECTS. (a) To the extent
5649	5649	authorized by Section 52, Article III, Texas Constitution, the
5650	5650	county may delegate to the district the authority to construct,
5651	5651	acquire, improve, maintain, or operate macadamized, graveled, or
5652	5652	paved roads or turnpikes, or improvements in aid of those roads or
5653	5653	turnpikes, inside the territory targeted by the county for an
5654	5654	economic development project, or the district.
5655	5655	(b) A road project must meet all applicable construction
5656	5656	standards, zoning and subdivision requirements, and regulatory
5657	5657	ordinances of each municipality in whose corporate limits or
5658	5658	extraterritorial jurisdiction the district is located. If the
5659	5659	district is located outside the extraterritorial jurisdiction of a
5660	5660	municipality, a road project must meet all applicable construction
5661	5661	standards, zoning and subdivision requirements, and regulatory
5662	5662	ordinances of each county in which the district is located.
5663	5663	Sec. 382.110 [372.122]. UTILITIES. (a) This chapter
5664	5664	[subchapter] does not grant the board any right-of-way management
5665	5665	authority over public utilities.
5666	5666	(b) To the extent the construction, maintenance, or
5667	5667	operation of a project under this chapter [subchapter] requires the
5668	5668	relocation or extension of a public utility facility, the district
5669	5669	shall reimburse the public utility for all costs associated with
5670	5670	the relocation, removal, extension, or other adjustment of the
5671	5671	facility.
5672	5672	Sec. 382.111 [372.123]. SERVICE PLAN REQUIRED. The
5673	5673	commissioners court of the county that created the district may
5674	5674	require a district to prepare an annual service plan, in the manner
5675	5675	provided for by Section 372.013, that meets the approval of the
5676	5676	commissioners court.
5677	5677	Sec. 382.112 [372.124]. NO EMINENT DOMAIN. A district may not
5678	5678	exercise the power of eminent domain.
5679	5679	[Sections 382.113-382.150 reserved for expansion]
5680	5680	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; TAXES
5681	5681	Sec. 382.151 [372.125]. NO TAX ABATEMENTS. A county may not
5682	5682	grant a tax abatement or enter into a tax abatement agreement for a
5683	5683	district [created under this subchapter].
5684	5684	Sec. 382.152 [372.126]. BONDS; NOTES. (a) A district may not
5685	5685	issue bonds unless approved by the commissioners court of the
5686	5686	county that created the district. Bonds may not be issued unless
5687	5687	approved by a majority of the voters of the district voting in an
5688	5688	election held for that purpose. A bond election under this
5689	5689	subsection does not affect prior bond issuances and is not required
5690	5690	for refunding bond issuances.
5691	5691	(b) A district may not issue a negotiable promissory note or
5692	5692	notes unless approved by the commissioners court of the county that
5693	5693	created the district.
5694	5694	(c) If the commissioners court grants approval under this
5695	5695	section, bonds, notes, and other district obligations may be
5696	5696	secured by district revenue or any type of district taxes or
5697	5697	assessments, or any combination of taxes and revenue pledged to the
5698	5698	payment of bonds.
5699	5699	Sec. 382.153 [372.127]. AUTHORITY TO IMPOSE ASSESSMENTS AND
5700	5700	AD VALOREM, SALES AND USE, AND HOTEL OCCUPANCY TAXES; ELECTION. (a)
5701	5701	A county or a district [created under this subchapter] may
5702	5702	accomplish its purposes and pay the cost of services and
5703	5703	improvements by imposing:
5704	5704	(1) an assessment;
5705	5705	(2) an ad valorem tax;
5706	5706	(3) a sales and use tax; or
5707	5707	(4) a hotel occupancy tax.
5708	5708	(b) A district may impose an ad valorem tax, hotel occupancy
5709	5709	tax, or sales and use tax to accomplish the economic development
5710	5710	purposes prescribed by Section 52a, Article III, Texas
5711	5711	Constitution, if the tax is approved by:
5712	5712	(1) the commissioners court of the county that created
5713	5713	the district; and
5714	5714	(2) a majority of the voters of the district voting at
5715	5715	an election held for that purpose.
5716	5716	(c) A county must adopt an order providing whether a
5717	5717	district has the authority to impose a hotel occupancy tax, sales
5718	5718	and use tax, or ad valorem tax, and must provide the rate at which
5719	5719	the district may impose the tax. A tax rate approved by the
5720	5720	commissioners court and pledged to secure bonds, notes, grant
5721	5721	agreements, or development agreements may not be reduced until the
5722	5722	obligations of those instruments have been satisfied.
5723	5723	Sec. 382.154 [372.128]. USE OF REVENUE FROM TAXES. A tax
5724	5724	authorized by a county to be imposed under this chapter
5725	5725	[subchapter] may be used to accomplish any improvement project or
5726	5726	road project, or to provide any service authorized by this chapter
5727	5727	or Chapter 372, 380, 381, or 383.
5728	5728	Sec. 382.155 [372.129]. HOTEL OCCUPANCY TAX. (a) A county may
5729	5729	authorize a district to impose a hotel occupancy tax on a person who
5730	5730	pays for the use or possession of or for the right to the use or
5731	5731	possession of a room that is ordinarily used for sleeping in a hotel
5732	5732	in the district.
5733	5733	(b) If authorized by a county, a district shall impose a
5734	5734	hotel occupancy tax as provided by Chapter 383, Local Government
5735	5735	Code, and Section 352.107, Tax Code, except that a hotel occupancy
5736	5736	tax:
5737	5737	(1) may be used for any purpose authorized in this
5738	5738	chapter [subchapter]; and
5739	5739	(2) is authorized by the county to be imposed by the
5740	5740	district.
5741	5741	(c) The hotel occupancy tax rate is the greater of nine
5742	5742	percent or the rate imposed by the municipality.
5743	5743	(d) A hotel occupancy tax may not be imposed on the
5744	5744	occupants of a hotel unless the owner of the hotel agrees to the
5745	5745	imposition of the hotel occupancy taxes under this chapter
5746	5746	[subchapter]. After the owner agrees, the agreement may not be
5747	5747	revoked by the owner of the hotel or any subsequent owner of the
5748	5748	hotel. After an agreement under this section, the district may
5749	5749	impose hotel occupancy taxes as provided by this chapter
5750	5750	[subchapter].
5751	5751	Sec. 382.156 [372.130]. SALES AND USE TAX. (a) A
5752	5752	commissioners court may authorize a district to impose a sales and
5753	5753	use tax in increments of one-eighth of one percent up to a rate of
5754	5754	two percent.
5755	5755	(b) Except as otherwise provided in this chapter
5756	5756	[subchapter], a sales and use tax must be imposed in accordance with
5757	5757	Chapter 383, Local Government Code, or Chapter 323, Tax Code.
5758	5758	(c) The ballot for a sales tax election shall be printed to
5759	5759	provide for voting for or against the proposition: "A sales and use
5760	5760	tax at a rate not to exceed ____ [insert percentage rate] in the
5761	5761	____ [insert name of district]" or "The adoption of a ____ [insert
5762	5762	percentage rate] sales and use tax in the ____ [insert name of
5763	5763	district]."
5764	5764	(d) A tax authorized at an election held under this section
5765	5765	may be imposed at a rate less than or equal to the rate printed in
5766	5766	the ballot proposition.
5767	5767	Sec. 382.157 [372.131]. AD VALOREM TAX. A commissioners court
5768	5768	may authorize a district to impose an ad valorem tax on property in
5769	5769	the district in accordance with Chapter 257, Transportation Code.
5770	5770	Sec. 382.158 [372.132]. BORROWING. The commissioners court
5771	5771	may authorize a district to borrow money for any district purpose,
5772	5772	including for a development agreement that authorizes the district
5773	5773	to borrow money.
5774	5774	Sec. 382.159 [372.133]. REPAYMENT OF COSTS. The
5775	5775	commissioners court may authorize a district, by a lease,
5776	5776	lease-purchase agreement, installment purchase contract, or other
5777	5777	agreement, or by the imposition or assessment of a tax, user fee,
5778	5778	concession, rental, or other revenue or resource of the district,
5779	5779	to provide for or secure the payment or repayment of:
5780	5780	(1) the costs and expenses of the establishment,
5781	5781	administration, and operation of the district;
5782	5782	(2) the district's costs or share of costs of an
5783	5783	improvement project; or
5784	5784	(3) the district's contractual obligations or
5785	5785	indebtedness.
5786	5786	[Sections 382.160-382.200 reserved for expansion]
5787	5787	SUBCHAPTER E. ANNEXATION BY MUNICIPALITY; TAXES
5788	5788	Sec. 382.201 [372.134]. LIABILITIES; ASSUMPTION OF ASSETS
5789	5789	AFTER COMPLETE ANNEXATION BY MUNICIPALITY. (a) If the municipality
5790	5790	annexes the entire territory of a district, the municipality shall
5791	5791	assume the district's assets, but is not liable for the district's
5792	5792	debt or other obligations.
5793	5793	(b) If the county has authorized a district [created under
5794	5794	this subchapter] to have debt or other obligations, the district
5795	5795	remains in existence after the territory is annexed by the
5796	5796	municipality for the purpose of collecting any taxes or assessments
5797	5797	authorized by the county and imposed by the district before
5798	5798	annexation. Taxes or assessments collected after annexation must
5799	5799	be used by the district solely for the purpose of satisfying any
5800	5800	preexisting county-authorized district debt or other obligation.
5801	5801	After the debt or other obligations have been discharged, or two
5802	5802	years have expired since the date of the annexation, the district is
5803	5803	dissolved and any outstanding debt or obligations are extinguished.
5804	5804	Sec. 382.202 [372.135]. AUTHORITY TO IMPOSE TAXES OF
5805	5805	ASSESSMENTS AFTER PARTIAL OR COMPLETE ANNEXATION. (a) After a
5806	5806	district has been annexed by a municipality wholly or partly for
5807	5807	general purposes, the county may not authorize the district to
5808	5808	impose an ad valorem tax, hotel occupancy tax, or sales and use tax,
5809	5809	or collect an assessment in the area that the municipality overlaps
5810	5810	the district, except as provided by Subsection (b) or Section
5811	5811	382.201(b) [372.134(b)].
5812	5812	(b) A district may continue to impose a tax in an area that
5813	5813	the municipality annexes for limited purposes and in which the
5814	5814	municipality does not impose taxes. If the municipality annexes an
5815	5815	area for limited purposes and imposes some of the taxes which the
5816	5816	district is imposing but not all of them, the district may continue
5817	5817	to impose taxes only to the extent that the level of taxation of the
5818	5818	municipality and the district combined, calculating the hotel tax,
5819	5819	the sales tax, and the ad valorem tax independently, is equal to or
5820	5820	less than the tax level of the municipality as to fully annexed
5821	5821	areas.
5822	5822	(c) The legislature intends that the level of taxation of
5823	5823	areas where the district and the municipality overlap do not exceed
5824	5824	the level of taxation of fully annexed areas.
5825	5825	SECTION 15.010. Section 387.003(b-1), Local Government
5826	5826	Code, is amended to correct references to read as follows:
5827	5827	(b-1) If the proposed district includes any territory of a
5828	5828	municipality, the commissioners court shall send notice by
5829	5829	certified mail to the governing body of the municipality of the
5830	5830	commissioners court's intent to create the district. If the
5831	5831	municipality has created a development corporation under Chapter
5832	5832	504 or 505 [Section 4A or 4B, Development Corporation Act of 1979
5833	5833	(Article 5190.6, Vernon's Texas Civil Statutes)], the
5834	5834	commissioners court shall also send the notice to the board of
5835	5835	directors of the corporation. The commissioners court must send
5836	5836	the notice not later than the 60th day before the date the
5837	5837	commissioners court orders the election. The governing body of the
5838	5838	municipality may exclude the territory of the municipality from the
5839	5839	proposed district by sending notice by certified mail to the
5840	5840	commissioners court of the governing body's desire to exclude the
5841	5841	municipal territory from the district. The governing body must
5842	5842	send the notice not later than the 45th day after the date the
5843	5843	governing body receives notice from the commissioners court under
5844	5844	this subsection. The territory of a municipality that is excluded
5845	5845	under this subsection may subsequently be included in the district
5846	5846	in an election held under Subsection (f) with the consent of the
5847	5847	municipality.
5848	5848	SECTION 15.011. (a) Section 501.007, Local Government
5849	5849	Code, is amended to conform to Section 3, Chapter 1102 (H.B. 3440),
5850	5850	Acts of the 80th Legislature, Regular Session, 2007, by adding
5851	5851	Subsection (c) to read as follows:
5852	5852	(c) The grants, loans, expenditures, and tax exemptions
5853	5853	authorized by this subtitle in connection with a project and
5854	5854	authorized by a corporation in accordance with this subtitle
5855	5855	constitute the making of loans or grants of public money or
5856	5856	constitute other actions authorized by Section 52-a, Article III,
5857	5857	Texas Constitution.
5858	5858	(b) Section 3, Chapter 1102 (H.B. 3440), Acts of the 80th
5859	5859	Legislature, Regular Session, 2007, which amended former Section
5860	5860	32, Development Corporation Act of 1979 (Article 5190.6, Vernon's
5861	5861	Texas Civil Statutes), is repealed.
5862	5862	SECTION 15.012. (a) Section 501.101, Local Government
5863	5863	Code, is amended to conform to Section 1, Chapter 1102 (H.B. 3440),
5864	5864	Acts of the 80th Legislature, Regular Session, 2007, to read as
5865	5865	follows:
5866	5866	Sec. 501.101. PROJECTS RELATED TO CREATION OR RETENTION OF
5867	5867	PRIMARY JOBS. In this subtitle, "project" includes the land,
5868	5868	buildings, equipment, facilities, expenditures, targeted
5869	5869	infrastructure, and improvements that are:
5870	5870	(1) for the creation or retention of primary jobs; and
5871	5871	(2) found by the board of directors to be required or
5872	5872	suitable for the development, retention, or expansion of:
5873	5873	(A) manufacturing and industrial facilities;
5874	5874	(B) research and development facilities;
5875	5875	(C) military facilities, including closed or
5876	5876	realigned military bases;
5877	5877	(D) transportation facilities, including
5878	5878	airports, hangars, airport maintenance and repair facilities, air
5879	5879	cargo facilities, related infrastructure located on or adjacent to
5880	5880	an airport facility, ports, mass commuting facilities, and parking
5881	5881	facilities;
5882	5882	(E) sewage or solid waste disposal facilities;
5883	5883	(F) recycling facilities;
5884	5884	(G) air or water pollution control facilities;
5885	5885	(H) facilities for furnishing water to the
5886	5886	public;
5887	5887	(I) distribution centers;
5888	5888	(J) small warehouse facilities capable of
5889	5889	serving as decentralized storage and distribution centers;
5890	5890	(K) primary job training facilities for use by
5891	5891	institutions of higher education; or
5892	5892	(L) regional or national corporate headquarters
5893	5893	facilities.
5894	5894	(b) Section 1, Chapter 1102 (H.B. 3440), Acts of the 80th
5895	5895	Legislature, Regular Session, 2007, which amended former Section
5896	5896	2(11), Development Corporation Act of 1979 (Article 5190.6,
5897	5897	Vernon's Texas Civil Statutes), is repealed.
5898	5898	SECTION 15.013. (a) The heading to Subchapter B, Chapter
5899	5899	502, Local Government Code, is amended to conform to Section 1,
5900	5900	Chapter 119 (S.B. 1089), Acts of the 80th Legislature, Regular
5901	5901	Session, 2007, to read as follows:
5902	5902	SUBCHAPTER B. CORPORATE POWERS AND LIMITATIONS [FINANCIAL
5903	5903	PROVISIONS]
5904	5904	(b) Subchapter B, Chapter 502, Local Government Code, is
5905	5905	amended to codify Section 38A, Development Corporation Act of 1979
5906	5906	(Article 5190.6, Vernon's Texas Civil Statutes), as added by
5907	5907	Section 1, Chapter 119 (S.B. 1089), Acts of the 80th Legislature,
5908	5908	Regular Session, 2007, by adding Section 502.052 to read as
5909	5909	follows:
5910	5910	Sec. 502.052. USE OF TAX REVENUE FOR MASS TRANSIT-RELATED
5911	5911	FACILITIES. A corporation may, as authorized by the corporation's
5912	5912	board of directors, spend tax revenue received under this subtitle
5913	5913	for the development, improvement, expansion, or maintenance of
5914	5914	facilities relating to the operation of commuter rail, light rail,
5915	5915	or motor buses.
5916	5916	(c) Section 38A, Development Corporation Act of 1979
5917	5917	(Article 5190.6, Vernon's Texas Civil Statutes), as added by
5918	5918	Section 1, Chapter 119 (S.B. 1089), Acts of the 80th Legislature,
5919	5919	Regular Session, 2007, is repealed.
5920	5920	SECTION 15.014. (a) Subchapter D, Chapter 505, Local
5921	5921	Government Code, is amended to conform to Section 2, Chapter 1102
5922	5922	(H.B. 3440), Acts of the 80th Legislature, Regular Session, 2007,
5923	5923	by adding Section 505.1561 to read as follows:
5924	5924	Sec. 505.1561. PROJECTS RELATED TO AIRPORT FACILITIES IN
5925	5925	CERTAIN MUNICIPALITIES. For purposes of this chapter, "project"
5926	5926	includes land, buildings, equipment, facilities, and improvements
5927	5927	found by the board of directors to be required or suitable for the
5928	5928	development or expansion of airport facilities, including hangars,
5929	5929	airport maintenance and repair facilities, air cargo facilities,
5930	5930	and related infrastructure located on or adjacent to an airport
5931	5931	facility, if the project is undertaken by a Type B corporation
5932	5932	authorized to be created by a municipality:
5933	5933	(1) that enters into a development agreement with an
5934	5934	entity in which the entity acquires a leasehold or other possessory
5935	5935	interest from the corporation and is authorized to sublease the
5936	5936	entity's interest for other projects authorized by Sections 505.151
5937	5937	through 505.156; and
5938	5938	(2) the governing body of which has authorized the
5939	5939	development agreement by adopting a resolution at a meeting called
5940	5940	as authorized by law.
5941	5941	(b) Section 2, Chapter 1102, Acts of the 80th Legislature,
5942	5942	Regular Session, 2007, which amended former Section 4B(a)(2),
5943	5943	Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas
5944	5944	Civil Statutes), is repealed.
5945	5945	SECTION 15.015. (a) Section 505.159, Local Government
5946	5946	Code, is amended to conform to Section 2, Chapter 1426 (S.B. 1523),
5947	5947	Acts of the 80th Legislature, Regular Session, 2007, to read as
5948	5948	follows:
5949	5949	Sec. 505.159. HEARING REQUIRED TO UNDERTAKE PROJECT. (a)
5950	5950	Except as provided by Subsection (b), a [A] Type B corporation shall
5951	5951	hold at least one public hearing on a proposed project before
5952	5952	spending money to undertake the project.
5953	5953	(b) A Type B corporation the creation of which was
5954	5954	authorized by a municipality with a population of less than 20,000
5955	5955	is not required to hold a public hearing under this section if the
5956	5956	proposed project is defined by Subchapter C, Chapter 501.
5957	5957	(b) Section 2, Chapter 1426 (S.B. 1523), Acts of the 80th
5958	5958	Legislature, Regular Session, 2007, which amended former Section
5959	5959	4B(n), Development Corporation Act of 1979 (Article 5190.6,
5960	5960	Vernon's Texas Civil Statutes), is repealed.
5961	5961	SECTION 15.016. (a) Subchapter F, Chapter 505, Local
5962	5962	Government Code, is amended to codify Section 4B(e-2), Development
5963	5963	Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil
5964	5964	Statutes), as added by Section 1, Chapter 1426 (S.B. 1523), Acts of
5965	5965	the 80th Legislature, Regular Session, 2007, by adding Sections
5966	5966	505.2565 and 505.2575 to read as follows:
5967	5967	Sec. 505.2565. LIMITATION ON DURATION OF TAX. (a) At an
5968	5968	election held under Section 505.251, the authorizing municipality
5969	5969	may also allow the voters to vote on a ballot proposition to limit
5970	5970	the period for imposition of a sales and use tax.
5971	5971	(b) An authorizing municipality that has imposed a tax for a
5972	5972	limited time under this section may extend the period of the tax's
5973	5973	imposition or reimpose the tax only if the extension or
5974	5974	reimposition is approved by a majority of the voters of the
5975	5975	municipality voting at an election held for that purpose in the same
5976	5976	manner as an election held under Section 504.257.
5977	5977	Sec. 505.2575. LIMITED SALES AND USE TAX FOR SPECIFIC
5978	5978	PROJECT. (a) At an election held under Section 505.251, the
5979	5979	authorizing municipality may also allow the voters to vote on a
5980	5980	ballot proposition to limit the use of the sales and use tax to a
5981	5981	specific project.
5982	5982	(b) A Type B corporation created to perform a specific
5983	5983	project as provided by this section may retain its corporate
5984	5984	existence and perform any other project approved by the voters of
5985	5985	the authorizing municipality at an election held for that purpose
5986	5986	in the same manner as Section 504.260 provides for an election held
5987	5987	under Section 504.251. Before spending money to undertake a
5988	5988	project, a Type B corporation shall hold a public hearing as
5989	5989	otherwise provided by this chapter.
5990	5990	(b) Section 4B(e-2), Development Corporation Act of 1979
5991	5991	(Article 5190.6, Vernon's Texas Civil Statutes), as added by
5992	5992	Section 1, Chapter 1426 (S.B. 1523), Acts of the 80th Legislature,
5993	5993	Regular Session, 2007, is repealed.
5994	5994	SECTION 15.017. Section 615.022, Local Government Code, is
5995	5995	amended to add a heading to read as follows:
5996	5996	Sec. 615.022. TRANSPORTATION EXPENSES OF CERTAIN COUNTIES
5997	5997	FOR SENIOR CITIZENS. The commissioners court of a county with a
5998	5998	population of 2.4 million or more may pay out of the county general
5999	5999	funds costs and expenses for the transportation of senior citizens
6000	6000	for civic, community, educational, and recreational activities
6001	6001	within and outside the county.
6002	6002	ARTICLE 16. CHANGES RELATING TO NATURAL RESOURCES CODE
6003	6003	SECTION 16.001. Section 31.0672(a), Natural Resources
6004	6004	Code, is amended to correct a reference to read as follows:
6005	6005	(a) The division may directly sell to a political
6006	6006	subdivision or a development corporation organized under Subtitle
6007	6007	C1, Title 12, Local Government Code, [the Development Corporation
6008	6008	Act of 1979 (Article 5190.6, Vernon's Texas Civil Statutes)] any
6009	6009	real property owned by the state that the legislature has
6010	6010	authorized or the governor has approved for sale under Subchapter E
6011	6011	if the commissioner determines the sale is in the best interest of
6012	6012	the state.
6013	6013	SECTION 16.002. Section 201.014, Natural Resources Code, as
6014	6014	amended by Chapters 993 (S.B. 1524) and 1107 (H.B. 3502), Acts of
6015	6015	the 80th Legislature, Regular Session, 2007, is reenacted and
6016	6016	amended to read as follows:
6017	6017	Sec. 201.014. PENALTIES. A person who violates Section
6018	6018	201.011 is guilty of a Class A misdemeanor, unless the person has
6019	6019	previously been convicted of violating that section [Section
6020	6020	201.011], in which case the person is guilty of a state jail felony.
6021	6021	SECTION 16.003. Section 201.041, Natural Resources Code, as
6022	6022	amended by Chapters 993 (S.B. 1524) and 1107 (H.B. 3502), Acts of
6023	6023	the 80th Legislature, Regular Session, 2007, is reenacted to read
6024	6024	as follows:
6025	6025	Sec. 201.041. VANDALISM. (a) A person may not, without
6026	6026	express, prior, written permission of the owner, knowingly:
6027	6027	(1) break, break off, crack, carve upon, write, burn,
6028	6028	or otherwise mark upon, remove, or in any manner destroy, deface,
6029	6029	mar, or harm the surfaces of any cave or any natural material in a
6030	6030	cave, including speleothems;
6031	6031	(2) deface, mar, or harm in any manner the natural
6032	6032	condition of any cave; or
6033	6033	(3) break, force, tamper with, or otherwise disturb a
6034	6034	lock, gate, door, or other obstruction designed to control or
6035	6035	prevent access to any cave, even though entrance to the cave may not
6036	6036	be gained.
6037	6037	(b) A person who violates a provision of this section is
6038	6038	guilty of a state jail felony, unless the person has previously been
6039	6039	convicted of violating this section, in which case the person is
6040	6040	guilty of a felony of the third degree.
6041	6041	ARTICLE 17. CHANGES RELATING TO OCCUPATIONS CODE
6042	6042	SECTION 17.001. Section 503.058, Occupations Code, is
6043	6043	repealed.
6044	6044	SECTION 17.002. Section 1305.003(a), Occupations Code, as
6045	6045	amended by Chapters 418 (S.B. 1222) and 649 (H.B. 1029), Acts of the
6046	6046	80th Legislature, Regular Session, 2007, is reenacted and amended
6047	6047	to read as follows:
6048	6048	(a) This chapter does not apply to:
6049	6049	(1) the installation of electrical equipment in a
6050	6050	ship, watercraft other than a floating building, railway rolling
6051	6051	stock, aircraft, motor vehicle, or recreational vehicle;
6052	6052	(2) the installation of electrical equipment
6053	6053	underground in a mine and in self-propelled mobile surface mining
6054	6054	machinery and its attendant electrical trailing cable;
6055	6055	(3) the installation of electrical equipment for
6056	6056	generation, transformation, transmission, or distribution of power
6057	6057	used exclusively to operate railway rolling stock or exclusively
6058	6058	for signaling and communications purposes;
6059	6059	(4) the installation, maintenance, alteration, or
6060	6060	repair of communications equipment provided by a
6061	6061	telecommunications provider;
6062	6062	(5) the installation, maintenance, alteration, or
6063	6063	repair of electrical equipment under the exclusive control of an
6064	6064	electric utility, power generation company as defined by Sections
6065	6065	31.002(1) and (10), Utilities Code, electric cooperative, or
6066	6066	municipally owned utility and used for communications or metering,
6067	6067	or for the generation, control, transformation, transmission, and
6068	6068	distribution of electrical energy, and located:
6069	6069	(A) in a building used exclusively by a utility
6070	6070	or power generation company for those purposes;
6071	6071	(B) outdoors on property owned or leased by the
6072	6072	utility or power generation company;
6073	6073	(C) on public highways, streets, roads, or other
6074	6074	public rights-of-way; or
6075	6075	(D) outdoors by established rights in vaults or
6076	6076	on private property;
6077	6077	(6) work not specifically regulated by a municipal
6078	6078	ordinance that is performed in or on a dwelling by a person who owns
6079	6079	and resides in the dwelling;
6080	6080	(7) work involved in the manufacture of electrical
6081	6081	equipment that includes the on-site and off-site manufacturing,
6082	6082	commissioning, testing, calibrating, coordinating,
6083	6083	troubleshooting, or evaluating of electrical equipment, the
6084	6084	repairing or retrofitting of electrical equipment with components
6085	6085	of the same ampacity, and the maintenance and servicing of
6086	6086	electrical equipment within the equipment's enclosure that is
6087	6087	performed by an authorized employee or authorized representative of
6088	6088	an electrical equipment manufacturer and limited to the type of
6089	6089	products manufactured by the manufacturer;
6090	6090	(8) electrical work if:
6091	6091	(A) the work is performed by a person who does not
6092	6092	engage in electrical work for the public;
6093	6093	(B) the work is performed by a person regularly
6094	6094	employed as a maintenance person or maintenance electrician for a
6095	6095	business; and
6096	6096	(C) the electrical work does not involve the
6097	6097	installation of electrical equipment during new construction as
6098	6098	defined by rules adopted under Chapter 151, Tax Code;
6099	6099	(9) the installation, maintenance, alteration, or
6100	6100	repair of electrical equipment or associated wiring under the
6101	6101	exclusive control of a gas utility and used for communications or
6102	6102	metering or for the control, transmission, or distribution of
6103	6103	natural gas;
6104	6104	(10) thoroughfare lighting, traffic signals,
6105	6105	intelligent transportation systems, and telecommunications
6106	6106	controlled by a governmental entity;
6107	6107	(11) electrical connections supplying heating,
6108	6108	ventilation, and cooling and refrigeration equipment, including
6109	6109	any required disconnect exclusively for the equipment, if the
6110	6110	service is performed by a licensed air conditioning and
6111	6111	refrigeration contractor under Chapter 1302;
6112	6112	(12) the design, installation, erection, repair, or
6113	6113	alteration of Class 1, Class 2, or Class 3 remote control,
6114	6114	signaling, or power-limited circuits, fire alarm circuits, optical
6115	6115	fiber cables, or communications circuits, including raceways, as
6116	6116	defined by the National Electrical Code;
6117	6117	(13) landscape irrigation installers, as necessary to
6118	6118	perform the installation and maintenance of irrigation control
6119	6119	systems, and landscapers, as necessary to perform the installation
6120	6120	and maintenance of low-voltage exterior lighting and holiday
6121	6121	lighting excluding any required power source;
6122	6122	(14) electrical work performed at a business that
6123	6123	operates:
6124	6124	(A) a chemical plant, petrochemical plant,
6125	6125	refinery, natural gas plant, natural gas treating plant, pipeline,
6126	6126	or oil and gas exploration and production operation by a person who
6127	6127	works solely for and is employed by that business; or
6128	6128	(B) a chemical plant, petrochemical plant
6129	6129	refinery, natural gas plant, or natural gas treatment plant by a
6130	6130	person who under a contract of at least 12 months' duration performs
6131	6131	electrical work for that plant and:
6132	6132	(i) the electrical work is not performed
6133	6133	during new construction as defined by rules adopted under Chapter
6134	6134	151, Tax Code; or
6135	6135	(ii) the person is not working for a
6136	6136	contractor that has a principal place of business in another state
6137	6137	or territory of the United States or a foreign country;
6138	6138	(15) the installation, maintenance, alteration, or
6139	6139	repair of elevators, escalators, or related equipment, excluding
6140	6140	any required power source, regulated under Chapter 754, Health and
6141	6141	Safety Code;
6142	6142	(16) the installation, maintenance, alteration, or
6143	6143	repair of equipment or network facilities provided or utilized by a
6144	6144	cable operator, as that term is defined by 47 U.S.C. Section 522, as
6145	6145	amended;
6146	6146	(17) the location, design, construction, extension,
6147	6147	maintenance, and installation of on-site sewage disposal systems in
6148	6148	accordance with Chapter 366, Health and Safety Code, or an on-site
6149	6149	sewage facility installer licensed under Chapter 37, Water Code;
6150	6150	(18) electrical work performed on a building,
6151	6151	structure, or equipment in agricultural use as defined by Section
6152	6152	11.002, Water Code, other than the processing of an agricultural
6153	6153	commodity;
6154	6154	(19) the installation, maintenance, alteration, or
6155	6155	repair of well pumps and equipment in accordance with Chapter 1902;
6156	6156	(20) electrical work required for the construction and
6157	6157	assembly of HUD-code manufactured housing or modular housing and
6158	6158	building units, other than the installation of service entrance
6159	6159	conductors, that is performed by a licensed manufacturer or
6160	6160	installer under Chapter 1201 or 1202, as applicable, if work
6161	6161	performed is within the scope of the license as defined by
6162	6162	applicable statutes and administrative rules; [and]
6163	6163	(21) work performed by a plumber who holds a license or
6164	6164	endorsement or is registered under Chapter 1301 that is necessary
6165	6165	to install, service, maintain, repair, or replace any type of
6166	6166	plumbing fixture or appliance, as described by Section 1301.002(7),
6167	6167	including a water heater, food disposer, garbage disposal, water
6168	6168	softener, dishwashing machine, and clothes washing machine on
6169	6169	existing electrical circuits only; and
6170	6170	(22) [. (21)] the maintenance or repair of a
6171	6171	residential appliance by a residential appliance dealer or
6172	6172	manufacturer or a person authorized by a residential appliance
6173	6173	dealer or manufacturer using only components of the same type and
6174	6174	ampacity as the original components.
6175	6175	SECTION 17.003. Section 1702.323(c), Occupations Code, as
6176	6176	amended by Chapters 663 (H.B. 1241) and 906 (H.B. 2833), Acts of the
6177	6177	80th Legislature, Regular Session, 2007, and Section
6178	6178	1702.323(c-1), Occupations Code, as added by Chapter 663 (H.B.
6179	6179	1241), Acts of the 80th Legislature, Regular Session, 2007, are
6180	6180	reenacted to read as follows:
6181	6181	(c) The security department of a private business may not
6182	6182	hire or employ an individual to perform a duty described by Section
6183	6183	1702.222 if the individual has been convicted of a crime that would
6184	6184	otherwise preclude the individual from being registered under this
6185	6185	chapter. The private business shall maintain the individual's
6186	6186	criminal history record on file at the business and shall make the
6187	6187	record available for inspection by the Department of Public Safety.
6188	6188	(c-1) Although the security department of a private
6189	6189	business that hires or employs an individual as a private security
6190	6190	officer to possess a firearm in the course and scope of the
6191	6191	individual's duties is required to apply for a security officer
6192	6192	commission for the individual under this chapter, the security
6193	6193	department of a private business is not required to apply to the
6194	6194	board for any license under this chapter.
6195	6195	SECTION 17.004. Section 1951.254(f), Occupations Code, as
6196	6196	amended by Chapters 885 (H.B. 2278) and 890 (H.B. 2458), Acts of the
6197	6197	80th Legislature, Regular Session, 2007, is reenacted to read as
6198	6198	follows:
6199	6199	(f) The information sheet must include:
6200	6200	(1) the names and telephone numbers of the department
6201	6201	and the Department of State Health Services;
6202	6202	(2) the telephone number of any pesticide hotline
6203	6203	established by a state or federal agency or by a state university;
6204	6204	(3) a statement of a consumer's rights under Chapter
6205	6205	601, Business & Commerce Code, to cancel a home solicitation
6206	6206	transaction; and
6207	6207	(4) information concerning the availability of any
6208	6208	pretreatment inspection service that may be provided by the
6209	6209	department under Section 1951.210.
6210	6210	ARTICLE 18. CHANGES RELATING TO PARKS AND WILDLIFE CODE
6211	6211	SECTION 18.001. Section 12.117, Parks and Wildlife Code, is
6212	6212	amended to add a heading to read as follows:
6213	6213	Sec. 12.117. JUSTICE COURT TO PROVIDE AFFIDAVITS CERTIFYING
6214	6214	CERTAIN CONVICTIONS AND OTHER INFORMATION. (a) If a person is
6215	6215	convicted in a justice court for violating a provision of this code
6216	6216	or a proclamation or regulation adopted under this code that
6217	6217	provides enhanced penalties for subsequent convictions, the court
6218	6218	on request shall submit to the department an affidavit certifying
6219	6219	the conviction. Along with such affidavit the court shall also
6220	6220	compile and send to the department the defendant's driver's license
6221	6221	number and copies of any photograph, picture, description, or
6222	6222	measurement of the defendant made by any law enforcement agency in
6223	6223	connection with the offense.
6224	6224	(b) A certified copy of such affidavit and documents
6225	6225	pursuant to Subsection (a) of this section is admissible as
6226	6226	evidence in a criminal proceeding to prove that a particular person
6227	6227	was convicted of the offense to which the documents pertain if the
6228	6228	court finds that 15 days before trial, the party against whom the
6229	6229	evidence is offered was provided a copy of the document offered as
6230	6230	evidence.
6231	6231	ARTICLE 19. CHANGES RELATING TO PENAL CODE
6232	6232	SECTION 19.001. Section 25.07(a), Penal Code, as amended by
6233	6233	Chapters 66 (S.B. 584) and 1113 (H.B. 3692), Acts of the 80th
6234	6234	Legislature, Regular Session, 2007, is reenacted to read as
6235	6235	follows:
6236	6236	(a) A person commits an offense if, in violation of a
6237	6237	condition of bond set in a family violence case and related to the
6238	6238	safety of the victim or the safety of the community, an order issued
6239	6239	under Article 17.292, Code of Criminal Procedure, an order issued
6240	6240	under Section 6.504, Family Code, Chapter 83, Family Code, if the
6241	6241	temporary ex parte order has been served on the person, or Chapter
6242	6242	85, Family Code, or an order issued by another jurisdiction as
6243	6243	provided by Chapter 88, Family Code, the person knowingly or
6244	6244	intentionally:
6245	6245	(1) commits family violence or an act in furtherance
6246	6246	of an offense under Section 22.011, 22.021, or 42.072;
6247	6247	(2) communicates:
6248	6248	(A) directly with a protected individual or a
6249	6249	member of the family or household in a threatening or harassing
6250	6250	manner;
6251	6251	(B) a threat through any person to a protected
6252	6252	individual or a member of the family or household; or
6253	6253	(C) in any manner with the protected individual
6254	6254	or a member of the family or household except through the person's
6255	6255	attorney or a person appointed by the court, if the violation is of
6256	6256	an order described by this subsection and the order prohibits any
6257	6257	communication with a protected individual or a member of the family
6258	6258	or household;
6259	6259	(3) goes to or near any of the following places as
6260	6260	specifically described in the order or condition of bond:
6261	6261	(A) the residence or place of employment or
6262	6262	business of a protected individual or a member of the family or
6263	6263	household; or
6264	6264	(B) any child care facility, residence, or school
6265	6265	where a child protected by the order or condition of bond normally
6266	6266	resides or attends; or
6267	6267	(4) possesses a firearm.
6268	6268	SECTION 19.002. Section 32.51(b), Penal Code, as amended by
6269	6269	Chapters 631 (H.B. 649), 1163 (H.B. 126), and 1173 (H.B. 460), Acts
6270	6270	of the 80th Legislature, Regular Session, 2007, is reenacted to
6271	6271	read as follows:
6272	6272	(b) A person commits an offense if the person, with the
6273	6273	intent to harm or defraud another, obtains, possesses, transfers,
6274	6274	or uses an item of:
6275	6275	(1) identifying information of another person without
6276	6276	the other person's consent;
6277	6277	(2) information concerning a deceased natural person,
6278	6278	including a stillborn infant or fetus, that would be identifying
6279	6279	information of that person were that person alive, if the item of
6280	6280	information is obtained, possessed, transferred, or used without
6281	6281	legal authorization; or
6282	6282	(3) identifying information of a child younger than 18
6283	6283	years of age.
6284	6284	SECTION 19.003. Section 39.04(b), Penal Code, as amended by
6285	6285	Chapters 263 (S.B. 103) and 378 (S.B. 563), Acts of the 80th
6286	6286	Legislature, Regular Session, 2007, is reenacted and amended to
6287	6287	read as follows:
6288	6288	(b) An offense under Subsection (a)(1) is a Class A
6289	6289	misdemeanor. An offense under Subsection (a)(2) is a state jail
6290	6290	felony, except that an offense under Subsection (a)(2) is a felony
6291	6291	of the second degree if the offense is committed against:
6292	6292	(1) an [the] individual [is] in the custody of the
6293	6293	Texas Youth Commission; or
6294	6294	(2) a juvenile offender detained in or committed to a
6295	6295	correctional facility the operation of which is financed primarily
6296	6296	with state funds.
6297	6297	SECTION 19.004. Section 46.15(a), Penal Code, as amended by
6298	6298	Chapters 1214 (H.B. 1889) and 1222 (H.B. 2300), Acts of the 80th
6299	6299	Legislature, Regular Session, 2007, is reenacted and amended to
6300	6300	read as follows:
6301	6301	(a) Sections 46.02 and 46.03 do not apply to:
6302	6302	(1) peace officers or special investigators under
6303	6303	Article 2.122, Code of Criminal Procedure, and neither section
6304	6304	prohibits a peace officer or special investigator from carrying a
6305	6305	weapon in this state, including in an establishment in this state
6306	6306	serving the public, regardless of whether the peace officer or
6307	6307	special investigator is engaged in the actual discharge of the
6308	6308	officer's or investigator's duties while carrying the weapon;
6309	6309	(2) parole officers and neither section prohibits an
6310	6310	officer from carrying a weapon in this state if the officer is:
6311	6311	(A) engaged in the actual discharge of the
6312	6312	officer's duties while carrying the weapon; and
6313	6313	(B) in compliance with policies and procedures
6314	6314	adopted by the Texas Department of Criminal Justice regarding the
6315	6315	possession of a weapon by an officer while on duty;
6316	6316	(3) community supervision and corrections department
6317	6317	officers appointed or employed under Section 76.004, Government
6318	6318	Code, and neither section prohibits an officer from carrying a
6319	6319	weapon in this state if the officer is:
6320	6320	(A) engaged in the actual discharge of the
6321	6321	officer's duties while carrying the weapon; and
6322	6322	(B) authorized to carry a weapon under Section
6323	6323	76.0051, Government Code;
6324	6324	(4) a judge or justice of a federal court, the supreme
6325	6325	court, the court of criminal appeals, a court of appeals, a district
6326	6326	court, a criminal district court, a constitutional county court, a
6327	6327	statutory county court, a justice court, or a municipal court who is
6328	6328	licensed to carry a concealed handgun under Subchapter H, Chapter
6329	6329	411, Government Code;
6330	6330	(5) an honorably retired peace officer or federal
6331	6331	criminal investigator who holds a certificate of proficiency issued
6332	6332	under Section 1701.357, Occupations Code, and is carrying a photo
6333	6333	identification that:
6334	6334	(A) verifies that the officer honorably retired
6335	6335	after not less than 15 years of service as a commissioned officer;
6336	6336	and
6337	6337	(B) is issued by a state or local law enforcement
6338	6338	agency;
6339	6339	(6) a district attorney, criminal district attorney,
6340	6340	county attorney, or municipal attorney who is licensed to carry a
6341	6341	concealed handgun under Subchapter H, Chapter 411, Government Code;
6342	6342	[or]
6343	6343	(7) an assistant district attorney, assistant
6344	6344	criminal district attorney, or assistant county attorney who is
6345	6345	licensed to carry a concealed handgun under Subchapter H, Chapter
6346	6346	411, Government Code; or
6347	6347	(8) [(7)] a bailiff designated by an active judicial
6348	6348	officer as defined by Section 411.201, Government Code, who is:
6349	6349	(A) licensed to carry a concealed handgun under
6350	6350	Chapter 411, Government Code; and
6351	6351	(B) engaged in escorting the judicial officer.
6352	6352	SECTION 19.005. Section 46.15(b), Penal Code, as amended by
6353	6353	Chapters 647 (H.B. 964), 693 (H.B. 1815), and 1048 (H.B. 2101), Acts
6354	6354	of the 80th Legislature, Regular Session, 2007, is reenacted to
6355	6355	read as follows:
6356	6356	(b) Section 46.02 does not apply to a person who:
6357	6357	(1) is in the actual discharge of official duties as a
6358	6358	member of the armed forces or state military forces as defined by
6359	6359	Section 431.001, Government Code, or as a guard employed by a penal
6360	6360	institution;
6361	6361	(2) is traveling;
6362	6362	(3) is engaging in lawful hunting, fishing, or other
6363	6363	sporting activity on the immediate premises where the activity is
6364	6364	conducted, or is en route between the premises and the actor's
6365	6365	residence or motor vehicle, if the weapon is a type commonly used in
6366	6366	the activity;
6367	6367	(4) holds a security officer commission issued by the
6368	6368	Texas Private Security Board, if the person:
6369	6369	(A) is engaged in the performance of the person's
6370	6370	duties as an officer commissioned under Chapter 1702, Occupations
6371	6371	Code, or is traveling to or from the person's place of assignment;
6372	6372	and
6373	6373	(B) is either:
6374	6374	(i) wearing the officer's uniform and
6375	6375	carrying the officer's weapon in plain view; or
6376	6376	(ii) acting as a personal protection
6377	6377	officer and carrying the person's security officer commission and
6378	6378	personal protection officer authorization;
6379	6379	(5) is carrying a concealed handgun and a valid
6380	6380	license issued under Subchapter H, Chapter 411, Government Code, to
6381	6381	carry a concealed handgun of the same category as the handgun the
6382	6382	person is carrying;
6383	6383	(6) holds an alcoholic beverage permit or license or
6384	6384	is an employee of a holder of an alcoholic beverage permit or
6385	6385	license if the person is supervising the operation of the permitted
6386	6386	or licensed premises; or
6387	6387	(7) is a student in a law enforcement class engaging in
6388	6388	an activity required as part of the class, if the weapon is a type
6389	6389	commonly used in the activity and the person is:
6390	6390	(A) on the immediate premises where the activity
6391	6391	is conducted; or
6392	6392	(B) en route between those premises and the
6393	6393	person's residence and is carrying the weapon unloaded.
6394	6394	ARTICLE 20. CHANGES RELATING TO PROPERTY CODE
6395	6395	SECTION 20.001. Section 5.008(b), Property Code, as amended
6396	6396	by Chapters 448 (H.B. 271), 1051 (H.B. 2118), and 1256 (H.B. 2819),
6397	6397	Acts of the 80th Legislature, Regular Session, 2007, is reenacted
6398	6398	and amended to read as follows:
6399	6399	(b) The notice must be executed and must, at a minimum, read
6400	6400	substantially similar to the following:
6401	6401	SELLER'S DISCLOSURE NOTICE
6402	6402	CONCERNING THE PROPERTY AT___________________________________
6403	6403	(Street Address and City)
6404	6404	THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE
6405	6405	OF THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED
6406	6406	BY SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS
6407	6407	OR WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS
6408	6408	NOT A WARRANTY OF ANY KIND BY SELLER OR SELLER'S
6409	6409	AGENTS.
6410	6410	Seller __ is __ is not occupying the Property.
6411	6411	If unoccupied, how long since Seller has occupied the Property?
6412	6412	________________________________________________________________
6413	6413	1. The Property has the items checked below:
6414	6414	Write Yes (Y), No (N), or Unknown (U).
6415	6415	__ Range __ Oven __ Microwave __ Range __ Oven __ Microwave
6416	6416	__ Range __ Oven __ Microwave
6417	6417	__ Dishwasher __ Trash Compactor __ Disposal __ Dishwasher __ Trash Compactor __ Disposal
6418	6418	__ Dishwasher __ Trash Compactor __ Disposal
6419	6419	__ Washer/Dryer __ Window __ Rain Gutters __ Washer/Dryer __ Window __ Rain Gutters
6420	6420	__ Washer/Dryer __ Window __ Rain Gutters
6421	6421	Hookups Screens Hookups Screens
6422	6422	Hookups Screens
6423	6423	__ Security __ Fire Detection __ Intercom __ Security __ Fire Detection __ Intercom
6424	6424	__ Security __ Fire Detection __ Intercom
6425	6425	System Equipment System System Equipment System
6426	6426	System Equipment System
6427	6427	__ Smoke Detector __ Smoke Detector
6428	6428	__ Smoke Detector
6429	6429	__ Smoke Detector - __ Smoke Detector -
6430	6430	__ Smoke Detector -
6431	6431	Hearing Impaired Hearing Impaired
6432	6432	Hearing Impaired
6433	6433	__ Carbon Monoxide __ Carbon Monoxide
6434	6434	__ Carbon Monoxide
6435	6435	Alarm Alarm
6436	6436	Alarm
6437	6437	__ Emergency Escape __ Emergency Escape
6438	6438	__ Emergency Escape
6439	6439	Ladder(s) Ladder(s)
6440	6440	Ladder(s)
6441	6441	__ TV Antenna __ Cable TV __ Satellite __ TV Antenna __ Cable TV __ Satellite
6442	6442	__ TV Antenna __ Cable TV __ Satellite
6443	6443	Wiring Dish Wiring Dish
6444	6444	Wiring Dish
6445	6445	__ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust __ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust
6446	6446	__ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust
6447	6447	Fan(s) Fan(s)
6448	6448	Fan(s)
6449	6449	__ Central A/C __ Central Heating __ Wall/Window __ Central A/C __ Central Heating __ Wall/Window
6450	6450	__ Central A/C __ Central Heating __ Wall/Window
6451	6451	Air Air
6452	6452	Air
6453	6453	Conditioning Conditioning
6454	6454	Conditioning
6455	6455	__ Plumbing System __ Septic System __ Public Sewer __ Plumbing System __ Septic System __ Public Sewer
6456	6456	__ Plumbing System __ Septic System __ Public Sewer
6457	6457	System System
6458	6458	System
6459	6459	__ Patio/Decking __ Outdoor Grill __ Fences __ Patio/Decking __ Outdoor Grill __ Fences
6460	6460	__ Patio/Decking __ Outdoor Grill __ Fences
6461	6461	__ Pool __ Sauna __ Spa __ Pool __ Sauna __ Spa
6462	6462	__ Pool __ Sauna __ Spa
6463	6463	__ Hot Tub __ Hot Tub
6464	6464	__ Hot Tub
6465	6465	__ Pool Equipment __ Pool Heater __ Automatic Lawn __ Pool Equipment __ Pool Heater __ Automatic Lawn
6466	6466	__ Pool Equipment __ Pool Heater __ Automatic Lawn
6467	6467	Sprinkler Sprinkler
6468	6468	Sprinkler
6469	6469	System System
6470	6470	System
6471	6471	__ Fireplace(s) & __ Fireplace(s) & __ Fireplace(s) & __ Fireplace(s) &
6472	6472	__ Fireplace(s) & __ Fireplace(s) &
6473	6473	Chimney Chimney Chimney Chimney
6474	6474	Chimney Chimney
6475	6475	(Woodburning) (Mock) (Woodburning) (Mock)
6476	6476	(Woodburning) (Mock)
6477	6477	__ Gas Lines __ Gas Fixtures __ Gas Lines __ Gas Fixtures
6478	6478	__ Gas Lines __ Gas Fixtures
6479	6479	(Nat./LP) (Nat./LP)
6480	6480	(Nat./LP)
6481	6481	Garage: __ Attached __ Not Attached __ Carport Garage: __ Attached __ Not Attached __ Carport
6482	6482	Garage: __ Attached __ Not Attached __ Carport
6483	6483	Garage Door Opener(s): __ Electronic __ Control(s) Garage Door Opener(s): __ Electronic __ Control(s)
6484	6484	Garage Door Opener(s): __ Electronic __ Control(s)
6485	6485	Water Heater: __ Gas __ Electric Water Heater: __ Gas __ Electric
6486	6486	Water Heater: __ Gas __ Electric
6487	6487	Water Supply: __ City __ Well __ MUD __ Co-op Water Supply: __ City __ Well __ MUD __ Co-op
6488	6488	Water Supply: __ City __ Well __ MUD __ Co-op
6489	6489	Roof Type: ________________________________Age: _____(approx)
6490	6490	Are you (Seller) aware of any of the above items that are not in
6491	6491	working condition, that have known defects, or that are in need of
6492	6492	repair? __ Yes __ No __ Unknown.
6493	6493	If yes, then describe. (Attach additional sheets if necessary):
6494	6494	________________________________________________________________
6495	6495	________________________________________________________________
6496	6496	2. Does the property have working smoke detectors installed in
6497	6497	accordance with the smoke detector requirements of Chapter 766,
6498	6498	Health and Safety Code? __Yes __No __Unknown.
6499	6499	If the answer to the question above is no or unknown,
6500	6500	explain. (Attach additional sheets if necessary):
6501	6501	_________________________
6502	6502	________________________________________________________________
6503	6503	________________________________________________________________
6504	6504	3. Are you (Seller) aware of any known defects/malfunctions in any
6505	6505	of the following?
6506	6506	Write Yes (Y) if you are aware, write No (N) if you are not aware.
6507	6507	__ Interior Walls __ Ceilings __ Floors __ Interior Walls __ Ceilings __ Floors
6508	6508	__ Interior Walls __ Ceilings __ Floors
6509	6509	__ Exterior Walls __ Doors __ Windows __ Exterior Walls __ Doors __ Windows
6510	6510	__ Exterior Walls __ Doors __ Windows
6511	6511	__ Roof __ Foundation/ __ Basement __ Roof __ Foundation/ __ Basement
6512	6512	__ Roof __ Foundation/ __ Basement
6513	6513	Slab(s) Slab(s)
6514	6514	Slab(s)
6515	6515	__ Walls/Fences __ Driveways __ Sidewalks __ Walls/Fences __ Driveways __ Sidewalks
6516	6516	__ Walls/Fences __ Driveways __ Sidewalks
6517	6517	__ Plumbing/Sewers/ __ Electrical __ Lighting __ Plumbing/Sewers/ __ Electrical __ Lighting
6518	6518	__ Plumbing/Sewers/ __ Electrical __ Lighting
6519	6519	Septics Systems Fixtures Septics Systems Fixtures
6520	6520	Septics Systems Fixtures
6521	6521	__ Other Structural Components (Describe):____________________
6522	6522	________________________________________________________________
6523	6523	________________________________________________________________
6524	6524	If the answer to any of the above is yes, explain. (Attach
6525	6525	additional sheets if necessary):_____________________________
6526	6526	________________________________________________________________
6527	6527	________________________________________________________________
6528	6528	4. Are you (Seller) aware of any of the following conditions?
6529	6529	Write Yes (Y) if you are aware, write No (N) if you are not aware.
6530	6530	__ Active Termites __ Previous Structural __ Active Termites __ Previous Structural
6531	6531	__ Active Termites __ Previous Structural
6532	6532	(includes or Roof Repair (includes or Roof Repair
6533	6533	(includes or Roof Repair
6534	6534	wood-destroying insects) wood-destroying insects)
6535	6535	wood-destroying insects)
6536	6536	__ Termite or Wood Rot Damage __ Hazardous or Toxic Waste __ Termite or Wood Rot Damage __ Hazardous or Toxic Waste
6537	6537	__ Termite or Wood Rot Damage __ Hazardous or Toxic Waste
6538	6538	Needing Repair Needing Repair
6539	6539	Needing Repair
6540	6540	__ Previous Termite Damage __ Asbestos Components __ Previous Termite Damage __ Asbestos Components
6541	6541	__ Previous Termite Damage __ Asbestos Components
6542	6542	__ Previous Termite __ Urea formaldehyde __ Previous Termite __ Urea formaldehyde
6543	6543	__ Previous Termite __ Urea formaldehyde
6544	6544	Treatment Insulation Treatment Insulation
6545	6545	Treatment Insulation
6546	6546	__ Previous Flooding __ Radon Gas __ Previous Flooding __ Radon Gas
6547	6547	__ Previous Flooding __ Radon Gas
6548	6548	__ Improper Drainage __ Lead Based Paint __ Improper Drainage __ Lead Based Paint
6549	6549	__ Improper Drainage __ Lead Based Paint
6550	6550	__ Water Penetration __ Aluminum Wiring __ Water Penetration __ Aluminum Wiring
6551	6551	__ Water Penetration __ Aluminum Wiring
6552	6552	__ Located in 100-Year __ Previous Fires __ Located in 100-Year __ Previous Fires
6553	6553	__ Located in 100-Year __ Previous Fires
6554	6554	Floodplain Floodplain
6555	6555	Floodplain
6556	6556	__ Present Flood Insurance __ Unplatted Easements __ Present Flood Insurance __ Unplatted Easements
6557	6557	__ Present Flood Insurance __ Unplatted Easements
6558	6558	Coverage Coverage
6559	6559	Coverage
6560	6560	__ Landfill, Settling, Soil __ Subsurface __ Landfill, Settling, Soil __ Subsurface
6561	6561	__ Landfill, Settling, Soil __ Subsurface
6562	6562	Movement, Fault Lines Structure or Pits Movement, Fault Lines Structure or Pits
6563	6563	Movement, Fault Lines Structure or Pits
6564	6564	__ Previous Use of __ Previous Use of
6565	6565	__ Previous Use of
6566	6566	Premises for Premises for
6567	6567	Premises for
6568	6568	Manufacture of Manufacture of
6569	6569	Manufacture of
6570	6570	Methamphetamine Methamphetamine
6571	6571	Methamphetamine
6572	6572	If the answer to any of the above is yes, explain. (Attach
6573	6573	additional sheets if necessary):_____________________________
6574	6574	________________________________________________________________
6575	6575	________________________________________________________________
6576	6576	5. Are you (Seller) aware of any item, equipment, or system in or
6577	6577	on the property that is in need of repair? __ Yes (if you are
6578	6578	aware) __ No (if you are not aware). If yes, explain (attach
6579	6579	additional sheets as necessary)._________________________________
6580	6580	6. Are you (Seller) aware of any of the following?
6581	6581	Write Yes (Y) if you aware, write No (N) if you are not aware.
6582	6582	__ Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time. __ Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time.
6583	6583	__ Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time.
6584	6584	__ Homeowners' Association or maintenance fees or assessments. __ Homeowners' Association or maintenance fees or assessments.
6585	6585	__ Homeowners' Association or maintenance fees or assessments.
6586	6586	__ Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others. __ Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.
6587	6587	__ Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.
6588	6588	__ Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property. __ Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.
6589	6589	__ Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.
6590	6590	__ Any lawsuits directly or indirectly affecting the Property. __ Any lawsuits directly or indirectly affecting the Property.
6591	6591	__ Any lawsuits directly or indirectly affecting the Property.
6592	6592	__ Any condition on the Property which materially affects the physical health or safety of an individual. __ Any condition on the Property which materially affects the physical health or safety of an individual.
6593	6593	__ Any condition on the Property which materially affects the physical health or safety of an individual.
6594	6594	If the answer to any of the above is yes, explain. (Attach
6595	6595	additional sheets if necessary):_____________________________
6596	6596	________________________________________________________________
6597	6597	________________________________________________________________
6598	6598	7 [6]. If the property is located in a coastal area that is seaward
6599	6599	of the Gulf Intracoastal Waterway or within 1,000 feet of the mean
6600	6600	high tide bordering the Gulf of Mexico, the property may be subject
6601	6601	to the Open Beaches Act or the Dune Protection Act (Chapter 61 or
6602	6602	63, Natural Resources Code, respectively) and a beachfront
6603	6603	construction certificate or dune protection permit may be required
6604	6604	for repairs or improvements. Contact the local government with
6605	6605	ordinance authority over construction adjacent to public beaches
6606	6606	for more information.
6607	6607	_______________________________________________________
6608	6608	Date Signature of Seller
6609	6609	The undersigned purchaser hereby acknowledges receipt of the
6610	6610	foregoing notice and acknowledges the property complies with the
6611	6611	smoke detector requirements of Chapter 766, Health and Safety Code,
6612	6612	or, if the property does not comply with the smoke detector
6613	6613	requirements of Chapter 766, the buyer waives the buyer's rights to
6614	6614	have smoke detectors installed in compliance with Chapter 766.
6615	6615	_______________________________________________________
6616	6616	Date Signature of Purchaser
6617	6617	SECTION 20.002. Section 5.014(a), Property Code, is amended
6618	6618	to correct references to read as follows:
6619	6619	(a) A seller of residential real property that is located in
6620	6620	a public improvement district established under Subchapter A,
6621	6621	Chapter 372, Local Government Code, or Chapter 382, Local
6622	6622	Government Code, and that consists of not more than one dwelling
6623	6623	unit located in this state shall give to the purchaser of the
6624	6624	property a written notice that reads substantially similar to the
6625	6625	following:
6626	6626	NOTICE OF OBLIGATION TO PAY PUBLIC IMPROVEMENT DISTRICT ASSESSMENT
6627	6627	TO (municipality or county levying assessment) CONCERNING THE
6628	6628	PROPERTY AT (street address)
6629	6629	As a purchaser of this parcel of real property you are
6630	6630	obligated to pay an assessment to a municipality or county for an
6631	6631	improvement project undertaken by a public improvement district
6632	6632	under Subchapter A, Chapter 372, Local Government Code, or Chapter
6633	6633	382, Local Government Code. The assessment may be due annually or
6634	6634	in periodic installments. More information concerning the amount
6635	6635	of the assessment and the due dates of that assessment may be
6636	6636	obtained from the municipality or county levying the assessment.
6637	6637	The amount of the assessments is subject to change. Your
6638	6638	failure to pay the assessments could result in a lien on and the
6639	6639	foreclosure of your property.
6640	6640	Date: __________________ ________________________________
6641	6641	Signature of Purchaser
6642	6642	SECTION 20.003. Section 12.0011(c), Property Code, is
6643	6643	amended to correct a reference to read as follows:
6644	6644	(c) An original signature may not be required for an
6645	6645	electronic instrument or other document that complies with the
6646	6646	requirements of Chapter 15 of this code, Chapter 195, Local
6647	6647	Government Code, Chapter 322 [43], Business & Commerce Code, or
6648	6648	other applicable law.
6649	6649	SECTION 20.004. Section 204.003, Property Code, as amended
6650	6650	by Chapters 767 (H.B. 3518) and 1367 (H.B. 3674), Acts of the 80th
6651	6651	Legislature, Regular Session, 2007, is reenacted and amended to
6652	6652	read as follows:
6653	6653	Sec. 204.003. APPLICATION OF PROVISIONS OF RESTRICTIVE
6654	6654	COVENANTS IN CERTAIN CIRCUMSTANCES. (a) An express designation in
6655	6655	a document creating restrictions applicable to a residential real
6656	6656	estate subdivision that provides for the extension of, addition to,
6657	6657	or modification of existing restrictions by a designated number of
6658	6658	owners of real property in the subdivision prevails over the
6659	6659	provisions of this chapter.
6660	6660	(b) Notwithstanding Subsection (a), for a residential
6661	6661	subdivision described by Subsection (c), the provisions of this
6662	6662	chapter prevail over an express designation in a document described
6663	6663	by Subsection (a) if:
6664	6664	(1) the designated number of owners of real property
6665	6665	in the subdivision required for approval of an extension of,
6666	6666	addition to, or modification of the document is more than 75
6667	6667	percent; or
6668	6668	(2) the designation prohibits the extension of,
6669	6669	addition to, or modification of an existing restriction for a
6670	6670	certain time period and that time period has not expired.
6671	6671	(c) Subsection (b) applies to a residential subdivision
6672	6672	that is located in a county described by Section 204.002(a)(3)
6673	6673	other than a gated community with private streets.
6674	6674	(d) [(b)] A document creating restrictions that provides
6675	6675	for the extension or renewal of restrictions and does not provide
6676	6676	for modification or amendment of restrictions may be modified under
6677	6677	this chapter, including modifying the provision that provides for
6678	6678	extension or renewal of the restrictions.
6679	6679	ARTICLE 21. CHANGES RELATING TO SPECIAL DISTRICT
6680	6680	LOCAL LAWS
6681	6681	PART A. CHANGES AFFECTING VARIOUS SPECIAL DISTRICTS
6682	6682	SECTION 21.001. Section 1013.054(a), Special District
6683	6683	Local Laws Code, is amended to conform more closely to the source
6684	6684	law from which the section was derived to read as follows:
6685	6685	(a) Each director shall qualify for office by executing
6686	6686	[execute] a good and sufficient bond for $1,000 that is:
6687	6687	(1) payable to the district; and
6688	6688	(2) conditioned on the faithful performance of the
6689	6689	director's duties.
6690	6690	SECTION 21.002. Section 1022.102, Special District Local
6691	6691	Laws Code, is amended to conform more closely to the source law from
6692	6692	which the section was derived to read as follows:
6693	6693	Sec. 1022.102. RESTRICTION ON POLITICAL SUBDIVISION
6694	6694	TAXATION AND DEBT. A political subdivision of this state, other
6695	6695	than the district, may not impose a tax or issue bonds or other
6696	6696	obligations for hospital purposes or to provide medical care in the
6697	6697	district.
6698	6698	SECTION 21.003. Section 1023.301, Special District Local
6699	6699	Laws Code, is amended to conform more closely to the source law from
6700	6700	which the section was derived by adding Subsection (c-1) to read as
6701	6701	follows:
6702	6702	(c-1) The election shall be called not later than the 60th
6703	6703	day after the date the petition is presented to the district.
6704	6704	SECTION 21.004. Section 1025.051, Special District Local
6705	6705	Laws Code, is amended to conform to Section 1, Chapter 792, Acts of
6706	6706	the 80th Legislature, Regular Session, 2007, to read as follows:
6707	6707	Sec. 1025.051. BOARD ELECTION; TERM. The district is
6708	6708	governed by a board of seven directors elected at large by place for
6709	6709	staggered three-year terms. A director's election shall be held
6710	6710	each year on the May uniform election date prescribed by Section
6711	6711	41.001, Election Code. [(a) The board consists of seven directors
6712	6712	elected from the district at large.
6713	6713	[(b) Directors serve staggered two-year terms unless
6714	6714	four-year terms are established under Section 285.081, Health and
6715	6715	Safety Code.]
6716	6716	SECTION 21.005. Section 1025.052, Special District Local
6717	6717	Laws Code, is amended to conform to Section 1, Chapter 792, Acts of
6718	6718	the 80th Legislature, Regular Session, 2007, to read as follows:
6719	6719	Sec. 1025.052. NOTICE OF ELECTION. Notice [At least 30 days
6720	6720	before the date] of an election of directors[, notice of the
6721	6721	election] shall be published one time in a newspaper or newspapers
6722	6722	that individually or collectively have general circulation in the
6723	6723	district in accordance with Section 4.003, Election Code.
6724	6724	SECTION 21.006. Section 1025.053, Special District Local
6725	6725	Laws Code, is amended to conform to Section 1, Chapter 792, Acts of
6726	6726	the 80th Legislature, Regular Session, 2007, to read as follows:
6727	6727	Sec. 1025.053. BALLOT APPLICATION [PETITION]. A person who
6728	6728	wants to have the person's name printed on the ballot as a candidate
6729	6729	for director must file an application with the board secretary in
6730	6730	accordance with Chapter 144, Election Code [a petition requesting
6731	6731	that action. The petition must be:
6732	6732	[(1) signed by at least 10 voters; and
6733	6733	[(2) filed at least 30 days before the date of the
6734	6734	election].
6735	6735	SECTION 21.007. Section 1025.058, Special District Local
6736	6736	Laws Code, is amended to conform to Section 1, Chapter 792, Acts of
6737	6737	the 80th Legislature, Regular Session, 2007, to read as follows:
6738	6738	Sec. 1025.058. QUORUM. Any four [five] directors
6739	6739	constitute a quorum.
6740	6740	SECTION 21.008. Section 1025.059, Special District Local
6741	6741	Laws Code, is amended to conform to Section 1, Chapter 792, Acts of
6742	6742	the 80th Legislature, Regular Session, 2007, to read as follows:
6743	6743	Sec. 1025.059. VOTING REQUIREMENT. A concurrence of four
6744	6744	[five] directors is sufficient in any matter relating to district
6745	6745	business.
6746	6746	SECTION 21.009. (a) Section 1025.060(c), Special District
6747	6747	Local Laws Code, is amended to conform to Section 2, Chapter 792,
6748	6748	Acts of the 80th Legislature, Regular Session, 2007, to read as
6749	6749	follows:
6750	6750	(c) The district administrator serves [and any assistant
6751	6751	administrator serve] at the will of the board and is [are] entitled
6752	6752	to the compensation determined by the board.
6753	6753	(b) Sections 1025.060(b) and (d), Special District Local
6754	6754	Laws Code, are repealed to conform to Section 2, Chapter 792, Acts
6755	6755	of the 80th Legislature, Regular Session, 2007.
6756	6756	SECTION 21.010. Section 1025.110, Special District Local
6757	6757	Laws Code, is amended to conform to Section 5, Chapter 792, Acts of
6758	6758	the 80th Legislature, Regular Session, 2007, to read as follows:
6759	6759	Sec. 1025.110. CONSTRUCTION CONTRACTS. A construction
6760	6760	contract that involves an [the] expenditure of more than the amount
6761	6761	provided by Section 271.024, Local Government Code, may be made
6762	6762	only after competitive bidding as provided by Subchapter B, Chapter
6763	6763	271 [$10,000 may be made only after advertising in the manner
6764	6764	provided by Chapter 252 and Subchapter C, Chapter 262], Local
6765	6765	Government Code.
6766	6766	SECTION 21.011. Section 1025.113, Special District Local
6767	6767	Laws Code, is amended to conform to Section 2, Chapter 792, Acts of
6768	6768	the 80th Legislature, Regular Session, 2007, to read as follows:
6769	6769	Sec. 1025.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
6770	6770	INVESTIGATORY OR OTHER SERVICES. The board may contract with a
6771	6771	political subdivision or governmental agency for the district to
6772	6772	provide investigatory or other services regarding [as to] the
6773	6773	medical, hospital, or welfare needs of district inhabitants.
6774	6774	SECTION 21.012. Subchapter C, Chapter 1025, Special
6775	6775	District Local Laws Code, is amended to conform to Section 3,
6776	6776	Chapter 792, Acts of the 80th Legislature, Regular Session, 2007,
6777	6777	by adding Section 1025.1145 to read as follows:
6778	6778	Sec. 1025.1145. NONPROFIT CORPORATION. (a) The district
6779	6779	may create and sponsor a nonprofit corporation under the Business
6780	6780	Organizations Code and may contribute money to or solicit money for
6781	6781	the corporation.
6782	6782	(b) The corporation may use money contributed by the
6783	6783	district only to provide health care or other services the district
6784	6784	is authorized to provide under this chapter.
6785	6785	(c) The corporation may enter into a joint venture with any
6786	6786	public or private entity or individual to provide health care or
6787	6787	other services the district is authorized to provide under this
6788	6788	chapter.
6789	6789	(d) The corporation may invest the corporation's money in
6790	6790	any manner in which the district may invest the district's money,
6791	6791	including investing money as authorized by Chapter 2256, Government
6792	6792	Code.
6793	6793	(e) The board shall establish controls to ensure that the
6794	6794	corporation uses its money as required by this section.
6795	6795	SECTION 21.013. Chapter 1025, Special District Local Laws
6796	6796	Code, is amended to conform to Section 7, Chapter 792, Acts of the
6797	6797	80th Legislature, Regular Session, 2007, and to correct a
6798	6798	typographical error by adding Subchapter G to read as follows:
6799	6799	SUBCHAPTER G. DISSOLUTION
6800	6800	Sec. 1025.301. DISSOLUTION; ELECTION. (a) The district
6801	6801	may be dissolved only on approval of a majority of the district
6802	6802	voters voting in an election held for that purpose.
6803	6803	(b) The board of directors may order an election on the
6804	6804	question of dissolving the district and disposing of the district's
6805	6805	assets.
6806	6806	(c) The board shall order an election on dissolution if the
6807	6807	board receives a petition requesting an election that is signed by a
6808	6808	number of registered voters of the district equal to at least 20
6809	6809	percent of the registered voters in the district.
6810	6810	(d) An election on dissolution of the district shall be held
6811	6811	not later than the 62nd day after the date the election is ordered.
6812	6812	(e) The order calling the election must state:
6813	6813	(1) the nature of the election, including the
6814	6814	proposition to appear on the ballot;
6815	6815	(2) the date of the election;
6816	6816	(3) the hours during which the polls will be open; and
6817	6817	(4) the location of the polling places.
6818	6818	(f) Section 41.001, Election Code, does not apply to an
6819	6819	election ordered under this section.
6820	6820	Sec. 1025.302. NOTICE OF ELECTION. (a) The board shall
6821	6821	give notice of an election under this subchapter by publishing once
6822	6822	a week for two consecutive weeks a substantial copy of the election
6823	6823	order in a newspaper with general circulation in the district.
6824	6824	(b) The first publication must appear not later than the
6825	6825	35th day before the date set for the election.
6826	6826	Sec. 1025.303. BALLOT. The ballot for an election under
6827	6827	this subchapter shall be printed to permit voting for or against the
6828	6828	proposition: "The dissolution of the Electra County Hospital
6829	6829	District."
6830	6830	Sec. 1025.304. ELECTION RESULTS. (a) If a majority of the
6831	6831	votes in an election under this subchapter favor dissolution, the
6832	6832	board shall order that the district be dissolved.
6833	6833	(b) If a majority of the votes in the election do not favor
6834	6834	dissolution, the board shall continue to administer the district
6835	6835	and another election on the question of dissolution may not be held
6836	6836	before the first anniversary of the date of the most recent election
6837	6837	to dissolve the district.
6838	6838	Sec. 1025.305. TRANSFER OR ADMINISTRATION OF ASSETS. (a)
6839	6839	If a majority of the votes in an election under this subchapter
6840	6840	favor dissolution, the board shall:
6841	6841	(1) transfer to Wichita County or another governmental
6842	6842	entity in Wichita County the land, buildings, improvements,
6843	6843	equipment, and other assets that belong to the district; or
6844	6844	(2) administer the property, assets, and debts until
6845	6845	all money has been disposed of and all district debts have been paid
6846	6846	or settled.
6847	6847	(b) If the board makes the transfer under Subsection (a)(1),
6848	6848	the county or entity assumes all debts and obligations of the
6849	6849	district at the time of the transfer, and the district is dissolved.
6850	6850	(c) If the board does not make the transfer under Subsection
6851	6851	(a)(1), the district is dissolved when all district money is
6852	6852	disposed of and all district debts are paid or settled.
6853	6853	Sec. 1025.306. IMPOSITION OF TAX AND RETURN OF SURPLUS
6854	6854	TAXES. (a) After the board finds that the district is dissolved,
6855	6855	the board shall:
6856	6856	(1) determine the debt owed by the district; and
6857	6857	(2) impose on the property included in the district's
6858	6858	tax rolls a tax that is in proportion of the debt to the property
6859	6859	value.
6860	6860	(b) On the payment of all outstanding debts and obligations
6861	6861	of the district, the board shall order the secretary to return to
6862	6862	each district taxpayer the taxpayer's pro rata share of all unused
6863	6863	tax money. A taxpayer may request that the taxpayer's share of
6864	6864	surplus tax money be credited to the taxpayer's county taxes. If a
6865	6865	taxpayer requests the credit, the board shall direct the secretary
6866	6866	to transmit the funds to the county tax assessor-collector.
6867	6867	Sec. 1025.307. REPORT; DISSOLUTION ORDER. (a) After the
6868	6868	district has paid all its debts and has disposed of all its assets
6869	6869	and money as prescribed by this subchapter, the board shall file a
6870	6870	written report with the Commissioners Court of Wichita County
6871	6871	summarizing the board's actions in dissolving the district.
6872	6872	(b) Not later than the 10th day after the date the
6873	6873	Commissioners Court of Wichita County receives the report and
6874	6874	determines that the requirements of this subchapter have been
6875	6875	fulfilled, the commissioners court shall enter an order dissolving
6876	6876	the district and releasing the board from any further duty or
6877	6877	obligation.
6878	6878	SECTION 21.014. Section 1027.301, Special District Local
6879	6879	Laws Code, is amended to conform more closely to the source law from
6880	6880	which the section was derived by adding Subsection (c-1) to read as
6881	6881	follows:
6882	6882	(c-1) The election shall be called not later than the 60th
6883	6883	day after the date the petition is presented to the district.
6884	6884	SECTION 21.015. Section 1033.053(a), Special District
6885	6885	Local Laws Code, is amended to conform more closely to the source
6886	6886	law from which the section was derived to read as follows:
6887	6887	(a) Each director shall qualify for office by executing
6888	6888	[execute] a good and sufficient commercial bond for $1,000 that is:
6889	6889	(1) payable to the district; and
6890	6890	(2) conditioned on the faithful performance of the
6891	6891	director's duties.
6892	6892	SECTION 21.016. Section 1042.052(a), Special District
6893	6893	Local Laws Code, is amended to conform more closely to the source
6894	6894	law from which the section was derived to read as follows:
6895	6895	(a) Each appointed director shall qualify for office by
6896	6896	executing [execute] a good and sufficient commercial bond for
6897	6897	$1,000 that is:
6898	6898	(1) payable to the district; and
6899	6899	(2) conditioned on the faithful performance of the
6900	6900	director's duties.
6901	6901	SECTION 21.017. Section 1043.301, Special District Local
6902	6902	Laws Code, is amended to conform more closely to the source law from
6903	6903	which the section was derived by adding Subsection (c-1) to read as
6904	6904	follows:
6905	6905	(c-1) The election shall be called not later than the 60th
6906	6906	day after the date the petition is presented to the board.
6907	6907	SECTION 21.018. Section 1049.053(a), Special District
6908	6908	Local Laws Code, is amended to conform more closely to the source
6909	6909	law from which the section was derived to read as follows:
6910	6910	(a) Each director shall qualify for office by executing
6911	6911	[execute] a good and sufficient commercial bond for $1,000 that is:
6912	6912	(1) payable to the district; and
6913	6913	(2) conditioned on the faithful performance of the
6914	6914	director's duties.
6915	6915	SECTION 21.019. Subchapter B, Chapter 1054, Special
6916	6916	District Local Laws Code, is amended to conform to Chapter 115, Acts
6917	6917	of the 80th Legislature, Regular Session, 2007, by adding Section
6918	6918	1054.0565 to read as follows:
6919	6919	Sec. 1054.0565. REMOVAL OF DIRECTOR. (a) It is a ground
6920	6920	for removal from the board that a director:
6921	6921	(1) is absent from more than three-fourths of the
6922	6922	regularly scheduled board meetings that the director is eligible to
6923	6923	attend during a calendar year without an excuse approved by a
6924	6924	majority vote of the board; or
6925	6925	(2) fails to timely pay a federal, state, or local tax,
6926	6926	including an ad valorem tax.
6927	6927	(b) The validity of an action of the board is not affected by
6928	6928	the fact that it is taken when a ground for removal of a director
6929	6929	exists.
6930	6930	(c) If the administrator or manager of the hospital district
6931	6931	has knowledge that a potential ground for removal exists, the
6932	6932	administrator or manager shall notify the president of the board of
6933	6933	the potential ground. The president shall then notify the county
6934	6934	attorney and district attorney that a potential ground for removal
6935	6935	exists and request that the county or district attorney bring an
6936	6936	action in the nature of quo warranto under Chapter 66, Civil
6937	6937	Practice and Remedies Code, as appropriate. If the potential
6938	6938	ground for removal involves the president, the administrator or
6939	6939	manager shall notify the vice president of the board, who shall then
6940	6940	notify the county attorney and district attorney that a potential
6941	6941	ground for removal exists and request an action in the nature of quo
6942	6942	warranto.
6943	6943	SECTION 21.020. Section 1060.054(a), Special District
6944	6944	Local Laws Code, is amended to conform more closely to the source
6945	6945	law from which the section was derived to read as follows:
6946	6946	(a) Each director shall qualify for office by executing
6947	6947	[execute] a good and sufficient commercial bond for $1,000 that is:
6948	6948	(1) payable to the district; and
6949	6949	(2) conditioned on the faithful performance of the
6950	6950	director's duties.
6951	6951	SECTION 21.021. Section 3503.1015, Special District Local
6952	6952	Laws Code, is amended to correct references to read as follows:
6953	6953	Sec. 3503.1015. ADDITIONAL POWERS OF OTHER ENTITIES; BONDS.
6954	6954	The authority may exercise the powers given to:
6955	6955	(1) the governing body of a "unit," as defined by
6956	6956	Section 501.002(17), Local Government Code [2, Development
6957	6957	Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil
6958	6958	Statutes)], and may issue district bonds for a purpose specified by
6959	6959	Subtitle C1, Title 12, Local Government Code [that Act];
6960	6960	(2) an emergency services district under Chapter 775,
6961	6961	Health and Safety Code; or
6962	6962	(3) a rural or urban transit district under Chapter
6963	6963	458, Transportation Code.
6964	6964	SECTION 21.022. Section 3828.101, Special District Local
6965	6965	Laws Code, is amended to correct a reference to read as follows:
6966	6966	Sec. 3828.101. GENERAL POWERS AND DUTIES. The district has
6967	6967	the powers and duties provided by:
6968	6968	(1) the general laws relating to conservation and
6969	6969	reclamation districts created under Section 59, Article XVI, Texas
6970	6970	Constitution, including Chapters 49 and 54, Water Code, except that
6971	6971	the district's bonds and other securities are not subject to the
6972	6972	jurisdiction or supervision of the commission under Chapter 49,
6973	6973	Water Code, or other law;
6974	6974	(2) the general laws relating to road districts and
6975	6975	road utility districts created under Section 52(b), Article III,
6976	6976	Texas Constitution, including Chapter 441, Transportation Code;
6977	6977	(3) Chapter 372 or 382, Local Government Code, in the
6978	6978	same manner as a municipality or a county;
6979	6979	(4) Chapter 375, Local Government Code; and
6980	6980	(5) Chapter 505, Local Government Code.
6981	6981	SECTION 21.023. Section 3828.151, Special District Local
6982	6982	Laws Code, is amended to correct a reference to read as follows:
6983	6983	Sec. 3828.151. GENERAL POWERS REGARDING FINANCIAL
6984	6984	MATTERS. The district may:
6985	6985	(1) impose an ad valorem tax in accordance with
6986	6986	Chapter 375, Local Government Code, on all taxable property in the
6987	6987	district;
6988	6988	(2) impose an assessment or impact fee in the manner
6989	6989	provided for a municipality or county under Chapter 372 or 382,
6990	6990	Local Government Code, on all industrial, commercial, and
6991	6991	residential property in the district;
6992	6992	(3) impose and apply the proceeds from a sales and use
6993	6993	tax, and a hotel occupancy tax, as authorized by this chapter;
6994	6994	(4) impose a rate, fee, or charge for the use of an
6995	6995	improvement project or the consumption of a product resulting from
6996	6996	an improvement project;
6997	6997	(5) borrow money for a district purpose by issuing or
6998	6998	executing bonds, notes, credit agreements, or other obligations of
6999	6999	any kind found by the board to be necessary or appropriate for the
7000	7000	district purpose;
7001	7001	(6) establish, revise, repeal, enforce, collect, and
7002	7002	apply the proceeds from a user fee or charge for the enjoyment,
7003	7003	sale, rental, or other use of a district facility, service,
7004	7004	property, or improvement project;
7005	7005	(7) provide or secure the payment or repayment of the
7006	7006	costs and expenses of the establishment, administration, and
7007	7007	operation of the district and the district's costs or share of the
7008	7008	costs of an improvement project or district contractual obligation
7009	7009	or indebtedness by or through a lease, installment purchase
7010	7010	contract, or other agreement with any person, or the imposition of
7011	7011	taxes, user fees, concessions, rentals, or other revenues or
7012	7012	resources of the district;
7013	7013	(8) establish user charges related to the operation of
7014	7014	various public services, including public water supply services,
7015	7015	for the collection and treatment of wastewater, and for the
7016	7016	operation of storm-water facilities, including the regulation of
7017	7017	storm water for the protection of water quality in the district, and
7018	7018	for the provision of septic tank maintenance services inside and
7019	7019	outside the district;
7020	7020	(9) undertake separately or jointly with other persons
7021	7021	all or part of the cost of an improvement project, including an
7022	7022	improvement project:
7023	7023	(A) for improving, enhancing, and supporting
7024	7024	public safety and security, fire protection and emergency medical
7025	7025	services, and law enforcement in and adjacent to the district; or
7026	7026	(B) that confers a general benefit on the entire
7027	7027	district or a special benefit on a definable part of the district;
7028	7028	and
7029	7029	(10) enter into a tax abatement agreement in
7030	7030	accordance with the general laws of this state authorizing and
7031	7031	applicable to tax abatement agreements by municipalities.
7032	7032	SECTION 21.024. Section 3828.152(a), Special District
7033	7033	Local Laws Code, is amended to correct a reference to read as
7034	7034	follows:
7035	7035	(a) The district may impose an impact fee or assessment,
7036	7036	including an impact fee or assessment on residential property, only
7037	7037	in the manner provided by Chapter 372 or 382, Local Government Code,
7038	7038	for a municipality, county, or public improvement district,
7039	7039	according to the benefit received by the property.
7040	7040	SECTION 21.025. Section 3839.101, Special District Local
7041	7041	Laws Code, is amended to correct references to read as follows:
7042	7042	Sec. 3839.101. INDUSTRIAL DEVELOPMENT CORPORATION POWERS.
7043	7043	The district may exercise the powers given to an industrial
7044	7044	development corporation under Chapter 505, Local Government Code
7045	7045	[Section 4B, Development Corporation Act of 1979 (Article 5190.6,
7046	7046	Vernon's Texas Civil Statutes)], including the power to own,
7047	7047	operate, acquire, construct, lease, improve, or maintain a project
7048	7048	described by that chapter [section].
7049	7049	SECTION 21.026. Section 3840.101, Special District Local
7050	7050	Laws Code, is amended to correct references to read as follows:
7051	7051	Sec. 3840.101. ADDITIONAL POWERS OF DISTRICT. The district
7052	7052	may exercise the powers given to:
7053	7053	(1) an economic development corporation under Chapter
7054	7054	505, Local Government Code [Section 4B, Development Corporation Act
7055	7055	of 1979 (Article 5190.6, Vernon's Texas Civil Statutes)], including
7056	7056	the power to own, operate, acquire, construct, lease, improve, or
7057	7057	maintain a project described by that chapter [section];
7058	7058	(2) a housing finance corporation under Chapter 394,
7059	7059	Local Government Code, to provide housing or residential
7060	7060	development projects in the district; and
7061	7061	(3) a sports facility district under Chapter 325,
7062	7062	Local Government Code.
7063	7063	SECTION 21.027. Section 3842.101, Special District Local
7064	7064	Laws Code, is amended to correct references to read as follows:
7065	7065	Sec. 3842.101. ADDITIONAL POWERS OF DISTRICT. The district
7066	7066	may exercise the powers given to:
7067	7067	(1) a corporation under Chapter 505, Local Government
7068	7068	Code [Section 4B, Development Corporation Act of 1979 (Article
7069	7069	5190.6, Vernon's Texas Civil Statutes)], including the power to
7070	7070	own, operate, acquire, construct, lease, improve, or maintain a
7071	7071	project described by that chapter [section]; and
7072	7072	(2) a housing finance corporation under Chapter 394,
7073	7073	Local Government Code, to provide housing or residential
7074	7074	development projects in the district.
7075	7075	SECTION 21.028. Section 3846.001, Special District Local
7076	7076	Laws Code, is amended to conform to Sections 9 and 11, Chapter 950,
7077	7077	Acts of the 80th Legislature, Regular Session, 2007, and to correct
7078	7078	a reference by adding Subdivisions (1-a), (1-b), and (3) to read as
7079	7079	follows:
7080	7080	(1-a) "Community venue project" or "venue project"
7081	7081	means a venue and related infrastructure that is planned, acquired,
7082	7082	established, developed, constructed, or renovated under this
7083	7083	chapter.
7084	7084	(1-b) "Development zone" means an economic
7085	7085	development zone created by the district under Subchapter F.
7086	7086	(3) "Venue" means a convention center facility or
7087	7087	related improvement such as a convention center, civic center,
7088	7088	civic center building, civic center hotel, auditorium, theater,
7089	7089	opera house, music hall, exhibition hall, rehearsal hall, park,
7090	7090	zoological park, museum, aquarium, or plaza.
7091	7091	SECTION 21.029. The heading to Subchapter D, Chapter 3846,
7092	7092	Special District Local Laws Code, is amended to conform to Chapter
7093	7093	950, Acts of the 80th Legislature, Regular Session, 2007, to read as
7094	7094	follows:
7095	7095	SUBCHAPTER D. SALES AND USE TAX; GENERAL FINANCIAL PROVISIONS
7096	7096	SECTION 21.030. Section 3846.152(b), Special District
7097	7097	Local Laws Code, is amended to conform to Section 3, Chapter 950,
7098	7098	Acts of the 80th Legislature, Regular Session, 2007, to read as
7099	7099	follows:
7100	7100	(b) The board may not call an election to abolish a sales and
7101	7101	use tax or to reduce the rate of the sales and use tax below the
7102	7102	amount pledged to secure payment of any outstanding district debt
7103	7103	or contractual obligation while any district debt or contractual
7104	7104	obligation remains outstanding.
7105	7105	SECTION 21.031. Section 3846.156, Special District Local
7106	7106	Laws Code, is amended to conform to Section 6, Chapter 950, Acts of
7107	7107	the 80th Legislature, Regular Session, 2007, to read as follows:
7108	7108	Sec. 3846.156. ABOLITION OF LOCAL SALES AND USE TAX. (a)
7109	7109	Except as provided by Subsection (b), the [The] board by order may
7110	7110	abolish the local sales and use tax rate without an election.
7111	7111	(b) The board may not abolish the local sales and use tax
7112	7112	while any district debt or contractual obligation remains
7113	7113	outstanding if any sales and use tax revenue is pledged to secure
7114	7114	payment of the outstanding debt or obligation.
7115	7115	SECTION 21.032. Section 3846.158, Special District Local
7116	7116	Laws Code, is amended to conform to Section 5, Chapter 950, Acts of
7117	7117	the 80th Legislature, Regular Session, 2007, to read as follows:
7118	7118	Sec. 3846.158. EFFECTIVE DATE OF SALES AND USE TAX OR TAX
7119	7119	CHANGE. The adoption of a sales and use tax rate or a change in the
7120	7120	sales and use tax rate takes effect after the expiration of the
7121	7121	first complete calendar quarter occurring after the date on which
7122	7122	the comptroller receives a notice of the results of the election.
7123	7123	SECTION 21.033. Subchapter D, Chapter 3846, Special
7124	7124	District Local Laws Code, is amended to conform to Section 2,
7125	7125	Chapter 950, Acts of the 80th Legislature, Regular Session, 2007,
7126	7126	by adding Section 3846.1585 to read as follows:
7127	7127	Sec. 3846.1585. GENERAL AUTHORITY TO IMPOSE TAXES. The
7128	7128	district may impose for any district purpose any tax authorized by
7129	7129	this chapter.
7130	7130	SECTION 21.034. Section 3846.159, Special District Local
7131	7131	Laws Code, is amended to conform to Section 1, Chapter 950, Acts of
7132	7132	the 80th Legislature, Regular Session, 2007, to read as follows:
7133	7133	Sec. 3846.159. AD VALOREM TAX PROHIBITED; EXCEPTION.
7134	7134	Except as provided by Subchapter F, the [The] district may not
7135	7135	impose an ad valorem tax on property in the district.
7136	7136	SECTION 21.035. Section 3846.164(b), Special District
7137	7137	Local Laws Code, is amended to conform to Section 10, Chapter 950,
7138	7138	Acts of the 80th Legislature, Regular Session, 2007, to read as
7139	7139	follows:
7140	7140	(b) In addition to the sources described in Subchapter J,
7141	7141	Chapter 375, Local Government Code, bonds issued by the district
7142	7142	may be secured and made payable, wholly or partly, by a pledge of
7143	7143	all or [any] part of the net proceeds the district receives from:
7144	7144	(1) a specified portion of not more than 75 percent
7145	7145	[one-half] of the maximum sales and use tax amount authorized under
7146	7146	Section 3846.152;
7147	7147	(2) a specified portion of not more than 90 percent of
7148	7148	the maximum sales and use tax imposed by a development zone;
7149	7149	(3) an ad valorem tax imposed by a development zone;
7150	7150	(4) a hotel occupancy tax;
7151	7151	(5) an event admissions tax;
7152	7152	(6) an event parking tax; and
7153	7153	(7) any other district revenue.
7154	7154	SECTION 21.036. Chapter 3846, Special District Local Laws
7155	7155	Code, is amended to conform to Section 9, Chapter 950, Acts of the
7156	7156	80th Legislature, Regular Session, 2007, by adding Subchapter F to
7157	7157	read as follows:
7158	7158	SUBCHAPTER F. ECONOMIC DEVELOPMENT ZONES
7159	7159	Sec. 3846.251. DEFINITIONS. In this subchapter:
7160	7160	(1) "Governing body" means the board of directors of a
7161	7161	development zone.
7162	7162	(2) "Project" means the development or construction of
7163	7163	a building, structure, facility, or other improvement on a parcel
7164	7164	or tract in a development zone, or an expansion, enlargement,
7165	7165	replacement, or relocation of a building, structure, facility, or
7166	7166	other improvement in a development zone. The term includes a
7167	7167	contractual obligation to reimburse a developer for money spent by
7168	7168	the developer in the construction, development, expansion,
7169	7169	enlargement, replacement, or relocation of a building, structure,
7170	7170	facility, or other improvement in a development zone.
7171	7171	Sec. 3846.252. NATURE OF DEVELOPMENT ZONE. A development
7172	7172	zone is a political and corporate body and a political subdivision
7173	7173	of the state, separate from the district.
7174	7174	Sec. 3846.253. DEVELOPMENT ZONES AUTHORIZED. The board, on
7175	7175	its own motion or on receipt of a petition signed by the owners of
7176	7176	all real property in a defined area of the district consisting of 25
7177	7177	or more contiguous acres of land, by resolution may create,
7178	7178	designate, describe, assign a name to, and appoint the governing
7179	7179	body for a development zone in the district to promote development
7180	7180	or redevelopment of the area, if the board finds that the creation
7181	7181	of the zone will further the public purposes of:
7182	7182	(1) the development and diversification of the economy
7183	7183	of the district and the state;
7184	7184	(2) the elimination of unemployment or
7185	7185	underemployment in the district and the state;
7186	7186	(3) the development or expansion of transportation or
7187	7187	commerce in the district and the state; or
7188	7188	(4) the promotion and stimulation of business,
7189	7189	commercial, and economic activity in the district and the state.
7190	7190	Sec. 3846.254. PRELIMINARY FINANCING PLAN REQUIRED. Before
7191	7191	designating a development zone, the board must prepare a
7192	7192	preliminary financing plan for the zone that includes:
7193	7193	(1) estimated project costs, including administrative
7194	7194	expenses;
7195	7195	(2) a description of the kind, number, and location of
7196	7196	all proposed improvement projects in the zone;
7197	7197	(3) the estimated amount of:
7198	7198	(A) bonded indebtedness to be incurred; or
7199	7199	(B) the financial obligation of any other
7200	7200	contractual obligation to be incurred;
7201	7201	(4) a description of the methods of financing and
7202	7202	expected sources of revenue to pay for the costs of proposed
7203	7203	improvement projects; and
7204	7204	(5) the projected duration of the zone.
7205	7205	Sec. 3846.255. RESTRICTION ON DEVELOPMENT ZONE IN
7206	7206	RESIDENTIAL AREA. A development zone may not be created if more
7207	7207	than 10 percent of the property in the proposed zone, other than
7208	7208	property that is publicly owned, is used or planned for use for
7209	7209	residential purposes. For purposes of this section, property is
7210	7210	used for residential purposes if the property is occupied by a house
7211	7211	that has fewer than five living units.
7212	7212	Sec. 3846.256. RESOLUTION REQUIRED. The resolution
7213	7213	designating an area as a development zone must:
7214	7214	(1) describe the boundaries of the zone sufficiently
7215	7215	to identify with reasonable certainty the territory included;
7216	7216	(2) provide an effective date for the creation of the
7217	7217	zone;
7218	7218	(3) provide a date for termination of the zone;
7219	7219	(4) assign a number to the name of the zone, which must
7220	7220	be "East Montgomery County Improvement District Economic
7221	7221	Development Zone No. ___";
7222	7222	(5) adopt a preliminary financing plan for the zone;
7223	7223	(6) provide the number of directors of the governing
7224	7224	body of the zone, which must be at least five; and
7225	7225	(7) appoint the governing body for the zone or
7226	7226	authorize the board to serve ex officio as the governing body of the
7227	7227	zone.
7228	7228	Sec. 3846.257. CONFIRMATION ELECTION REQUIRED. Upon
7229	7229	approval by the board of a resolution designating an area as a
7230	7230	development zone, the district shall call a confirmation election
7231	7231	to confirm the establishment of the zone in the manner prescribed by
7232	7232	Section 49.102, Water Code.
7233	7233	Sec. 3846.258. DEVELOPMENT ZONE GOVERNING BODY. (a) A
7234	7234	member of the governing body who is not a district director shall be
7235	7235	appointed for a term of two years, except that the appointment of
7236	7236	the initial members of the governing body may provide for some terms
7237	7237	to be limited to one year in order to achieve staggered terms of
7238	7238	office. A member who is also a district director shall serve a term
7239	7239	concurrent with the director's term on the district board.
7240	7240	(b) The district by appointment shall fill a vacancy on the
7241	7241	governing body of the zone for the unexpired portion of the term.
7242	7242	(c) A member of a governing body must be at least 18 years of
7243	7243	age, a citizen of the state, and a person described by Section
7244	7244	3846.053(b).
7245	7245	(d) A member of the board of directors of the district may be
7246	7246	appointed to the governing body.
7247	7247	(e) Each member must qualify for office by subscribing to
7248	7248	the constitutional oath of office for public officers and
7249	7249	furnishing a fidelity bond issued by a responsible surety in the
7250	7250	amount of $10,000 in favor of the development zone to secure
7251	7251	faithful performance of the member's duties.
7252	7252	Sec. 3846.259. ORGANIZATIONAL MEETING OF DEVELOPMENT ZONE
7253	7253	GOVERNING BODY; OFFICERS. (a) Following appointment and
7254	7254	qualification, the governing body of the development zone shall
7255	7255	meet and organize by electing a president, a vice president, a
7256	7256	secretary-treasurer, and other officers the governing body
7257	7257	considers appropriate.
7258	7258	(b) If the governing body of the development zone is
7259	7259	composed entirely of directors of the district, each director of
7260	7260	the development zone holds the same office the director holds as a
7261	7261	director of the district.
7262	7262	Sec. 3846.260. DEVELOPMENT ZONE BOUNDARIES. The boundaries
7263	7263	of a development zone may be reduced or enlarged in the manner
7264	7264	provided by this subchapter for creation of a zone, except that the
7265	7265	boundaries may not be reduced to less than 25 contiguous acres. A
7266	7266	confirmation election is not required for an enlargement if:
7267	7267	(1) all landowners of the area proposed to be added
7268	7268	consent to the enlargement and the tax authorization in the zone;
7269	7269	and
7270	7270	(2) the enlarged area does not have any registered
7271	7271	voters who reside in the area.
7272	7272	Sec. 3846.261. PROJECT PLAN AND DEVELOPMENT ZONE FINANCING
7273	7273	PLAN REQUIRED. Subject to approval by resolution of the district
7274	7274	board, the governing body shall prepare and adopt, and may amend, a
7275	7275	project plan and a development zone financing plan for the
7276	7276	development zone.
7277	7277	Sec. 3846.262. FINANCING AND IMPLEMENTATION OF DEVELOPMENT
7278	7278	ZONE PROJECT PLAN. The governing body of a development zone may
7279	7279	exercise, or by order may delegate to the district, any powers and
7280	7280	duties relating to the financing and implementation of the project
7281	7281	plan for the zone, including the power and authority to:
7282	7282	(1) issue bonds or notes in the name of the zone in the
7283	7283	same manner as Chapter 375, Local Government Code, provides for a
7284	7284	municipal management district;
7285	7285	(2) impose an ad valorem tax, assessment, or other
7286	7286	charge in the zone, in the same manner as Chapter 375, Local
7287	7287	Government Code, provides for a municipal management district, and
7288	7288	as authorized by Section 3846.265 if the ad valorem tax has been
7289	7289	approved by the voters in the development zone at an election held
7290	7290	for that purpose; and
7291	7291	(3) impose a sales and use tax, as authorized by
7292	7292	Section 3846.264, if the sales and use tax has been approved by the
7293	7293	voters in the development zone at an election held for that purpose.
7294	7294	Sec. 3846.263. AGREEMENTS TO IMPLEMENT PLANS. (a) The
7295	7295	board and the governing body each may enter into any agreement
7296	7296	considered necessary or convenient to implement a project plan and
7297	7297	development zone financing plan and achieve their purposes.
7298	7298	(b) An agreement may provide for the regulation or
7299	7299	restriction of the use of land by imposing conditions,
7300	7300	restrictions, or covenants that run with the land.
7301	7301	(c) An agreement may provide that a restriction adopted by
7302	7302	the governing body continues in effect after the termination of the
7303	7303	development zone.
7304	7304	(d) The district and the development zone may agree that the
7305	7305	district will provide administration, management, investment,
7306	7306	accounting, and other services for the zone in consideration for an
7307	7307	administrative fee not to exceed five percent of the gross revenue
7308	7308	of the development zone and for the benefits received by the
7309	7309	district through the implementation of the project plan for the
7310	7310	zone. The district may pledge all or part of the proceeds of its
7311	7311	sales and use tax to secure and pay any bonds or other financial
7312	7312	obligations of a development zone on approval of the board subject
7313	7313	to Section 3846.164.
7314	7314	Sec. 3846.264. DEVELOPMENT ZONE SALES AND USE TAX. (a) If
7315	7315	approved at an election by a majority of the voters in the
7316	7316	development zone voting in an election held for that purpose, the
7317	7317	governing body may adopt or repeal a sales and use tax of not more
7318	7318	than two percent less the amount of the sales and use tax approved
7319	7319	by the district voters under Section 3846.151.
7320	7320	(b) An election on the adoption or repeal of the maximum
7321	7321	rate of sales and use tax may be held by the governing body as
7322	7322	provided by Section 3846.152 as applied to a development zone.
7323	7323	(c) An election to adopt the sales and use tax authorized by
7324	7324	this section may be held in conjunction with the confirmation
7325	7325	election described by Section 3846.257.
7326	7326	(d) After adoption at an election, the governing body may
7327	7327	impose any portion of the sales and use tax, in increments of not
7328	7328	less than one-eighth of one percent, for the benefit of the zone, by
7329	7329	order of the governing body.
7330	7330	(e) The sales and use tax is in addition to the limited sales
7331	7331	and use tax authorized and imposed by the district under Section
7332	7332	3846.151.
7333	7333	(f) If a political subdivision, including a municipality,
7334	7334	imposes a sales and use tax in the development zone, the sales and
7335	7335	use tax authorized by this section is reduced as of the date the
7336	7336	development zone authorized the sales and use tax so that the
7337	7337	combined total of all local sales and use taxes imposed in the
7338	7338	development zone does not exceed two percent.
7339	7339	(g) The sales and use tax becomes effective on the first day
7340	7340	of the calendar quarter following the date the comptroller receives
7341	7341	written notice of the imposition of the tax.
7342	7342	Sec. 3846.265. DEVELOPMENT ZONE PROPERTY TAX. (a) If
7343	7343	approved at an election by a majority of the voters in the
7344	7344	development zone voting in an election held for that purpose, the
7345	7345	governing body may authorize a tax on all taxable property in a
7346	7346	development zone created wholly or partly in the boundaries of East
7347	7347	Montgomery County Utility District No. 5, 6, or 7, or Valley Ranch
7348	7348	Municipal Utility District No. 1 at a rate not to exceed 10 cents on
7349	7349	each $100 valuation as determined by the Montgomery County
7350	7350	Appraisal District.
7351	7351	(b) The election may be held in conjunction with the
7352	7352	confirmation election held under Section 3846.257.
7353	7353	SECTION 21.037. Chapter 3846, Special District Local Laws
7354	7354	Code, is amended to conform to Section 11, Chapter 950, Acts of the
7355	7355	80th Legislature, Regular Session, 2007, by adding Subchapter G to
7356	7356	read as follows:
7357	7357	SUBCHAPTER G. COMMUNITY VENUES
7358	7358	Sec. 3846.301. VENUE PROJECTS AUTHORIZED. (a) The
7359	7359	district by resolution may provide for the planning, acquisition,
7360	7360	establishment, development, construction, or renovation of a venue
7361	7361	project.
7362	7362	(b) The resolution must designate each venue project and
7363	7363	each method of financing authorized by this chapter that the
7364	7364	district intends to use to finance a project. A resolution may
7365	7365	designate more than one method of financing.
7366	7366	(c) The district may contract with a public or private
7367	7367	person to plan, acquire, establish, develop, construct, or renovate
7368	7368	a venue project.
7369	7369	Sec. 3846.302. VENUE PROJECT FUND. (a) The district shall
7370	7370	establish by resolution a fund known as the community venue project
7371	7371	fund. The district shall establish separate accounts in the fund
7372	7372	for the various revenue sources.
7373	7373	(b) The district shall deposit into the community venue
7374	7374	project fund:
7375	7375	(1) the proceeds of any tax imposed by the district
7376	7376	under Subchapters H and I;
7377	7377	(2) all revenue from the sale of bonds or other
7378	7378	obligations by the district under this chapter; and
7379	7379	(3) any other money required by law to be deposited in
7380	7380	the fund.
7381	7381	(c) The district may use money in the community venue
7382	7382	project fund to:
7383	7383	(1) reimburse or pay the costs of planning, acquiring,
7384	7384	establishing, developing, constructing, or renovating one or more
7385	7385	venue projects in the district;
7386	7386	(2) pay the principal of, interest on, and other costs
7387	7387	relating to bonds or other obligations issued by the district to
7388	7388	refund bonds, notes, or other obligations;
7389	7389	(3) pay the costs of operating or maintaining one or
7390	7390	more venue projects; or
7391	7391	(4) pay the administrative costs of the district
7392	7392	associated with the operation and administration of one or more
7393	7393	venue projects.
7394	7394	(d) Money deposited into the community venue project fund is
7395	7395	the property of the district.
7396	7396	Sec. 3846.303. BONDS AND OTHER OBLIGATIONS FOR VENUE
7397	7397	PROJECTS. The district may issue bonds, including revenue bonds
7398	7398	and refunding bonds, or other obligations to pay the costs of the
7399	7399	venue project.
7400	7400	SECTION 21.038. Chapter 3846, Special District Local Laws
7401	7401	Code, is amended to conform to Section 12, Chapter 950, Acts of the
7402	7402	80th Legislature, Regular Session, 2007, by adding Subchapter H to
7403	7403	read as follows:
7404	7404	SUBCHAPTER H. EVENT ADMISSIONS TAX
7405	7405	Sec. 3846.351. EVENT ADMISSIONS TAX AUTHORIZED. (a) The
7406	7406	district by order may impose a tax on each ticket sold as admission
7407	7407	to an event held at a venue project in the district for which the
7408	7408	district has issued bonds or undertaken a contractual obligation to
7409	7409	reimburse costs expended to plan, acquire, establish, develop,
7410	7410	construct, or renovate the venue project.
7411	7411	(b) The district may not impose the tax for admission to an
7412	7412	event at a venue that is not a community venue project or for which
7413	7413	the district has not issued bonds or entered into a contractual
7414	7414	obligation to reimburse costs expended to plan, acquire, establish,
7415	7415	develop, construct, or renovate the venue project.
7416	7416	(c) The district may impose the tax only if a venue project
7417	7417	is or will be located in the district.
7418	7418	Sec. 3846.352. EVENT ADMISSIONS TAX RATE. (a) The tax
7419	7419	authorized by this subchapter is imposed at the tax rate on each
7420	7420	ticket sold as admission to an event held at a venue.
7421	7421	(b) The amount of the tax may be imposed at any uniform
7422	7422	percentage not to exceed 10 percent of the price of the ticket sold
7423	7423	as admission to an event held at a venue.
7424	7424	(c) The district by order may increase, repeal, or decrease
7425	7425	the rate of the tax.
7426	7426	Sec. 3846.353. COLLECTION OF EVENT ADMISSIONS TAX. (a) The
7427	7427	district by order may require the owner or lessee of a venue project
7428	7428	in the district to collect a tax imposed under this subchapter for
7429	7429	the benefit of the district.
7430	7430	(b) An owner or lessee required to collect the tax shall add
7431	7431	the tax to the admissions price, and the tax is a part of the
7432	7432	admissions price, a debt owed to the owner or lessee of a venue
7433	7433	project by the person admitted, and recoverable at law in the same
7434	7434	manner as the admissions price.
7435	7435	(c) A person required to collect the tax shall report and
7436	7436	send the taxes to the district as provided by the district.
7437	7437	(d) The district by order may prescribe penalties,
7438	7438	including interest charges, for failure to keep records required by
7439	7439	the district, to report when required, or to pay the tax when due.
7440	7440	The district may bring suit against a person who fails to collect
7441	7441	the tax and to pay it over to the district as required.
7442	7442	(e) The district by order may permit a person who is
7443	7443	required to collect the tax to retain a percentage of the amount
7444	7444	collected and required to be reported as reimbursement to the
7445	7445	person for the costs of collecting the tax. The district may
7446	7446	provide that the person may retain the amount only if the person
7447	7447	pays the tax and files reports as required by the district.
7448	7448	(f) The tax is not an occupation tax imposed on the owner or
7449	7449	lessee of the venue project.
7450	7450	Sec. 3846.354. EFFECTIVE DATE AND ENDING DATE OF EVENT
7451	7451	ADMISSIONS TAX. (a) A tax imposed under this subchapter or a
7452	7452	change in the rate of the tax takes effect on the date prescribed by
7453	7453	the order imposing the tax or changing the rate.
7454	7454	(b) Except as provided by Subsection (c), the district may
7455	7455	impose the tax only if the district issues bonds or enters into a
7456	7456	contractual obligation under Subchapter G.
7457	7457	(c) The district may continue to impose the tax after any
7458	7458	financial obligations have been fulfilled if the tax revenue is
7459	7459	used as authorized by Section 3846.004(e) or 3846.302(c).
7460	7460	SECTION 21.039. Chapter 3846, Special District Local Laws
7461	7461	Code, is amended to conform to Section 13, Chapter 950, Acts of the
7462	7462	80th Legislature, Regular Session, 2007, by adding Subchapter I to
7463	7463	read as follows:
7464	7464	SUBCHAPTER I. EVENT PARKING TAX
7465	7465	Sec. 3846.401. EVENT PARKING TAX AUTHORIZED. (a) The
7466	7466	district by order may impose a tax on each motor vehicle parking in
7467	7467	a parking facility of a community venue project.
7468	7468	(b) The district may impose the tax during any time the
7469	7469	parking facility is being used.
7470	7470	Sec. 3846.402. EVENT PARKING TAX RATE. (a) The district by
7471	7471	order may provide that the tax authorized by this subchapter is
7472	7472	imposed at a flat amount on each parked motor vehicle or is imposed
7473	7473	as a percentage of the amount charged for event parking by the owner
7474	7474	or lessee of the parking facility.
7475	7475	(b) Regardless of the method of imposition, the amount of
7476	7476	the tax may not exceed the amount allowed by Section 334.202(b),
7477	7477	Local Government Code.
7478	7478	(c) The district by order may increase, repeal, or decrease
7479	7479	the rate of the tax.
7480	7480	Sec. 3846.403. COLLECTION OF EVENT PARKING TAX. (a) The
7481	7481	district by order may require the owner or lessee of a parking
7482	7482	facility to collect a tax imposed under this subchapter for the
7483	7483	benefit of the district.
7484	7484	(b) An owner or lessee required to collect the tax shall add
7485	7485	the tax to the parking charge, and the tax is a part of the parking
7486	7486	charge, a debt owed to the parking facility owner or lessee by the
7487	7487	person parking, and recoverable at law in the same manner as the
7488	7488	parking charge.
7489	7489	(c) A person required to collect the tax shall report and
7490	7490	send the taxes to the district as provided by the district.
7491	7491	(d) The district by order may prescribe penalties,
7492	7492	including interest charges, for failure to keep records required by
7493	7493	the district, to report when required, or to pay the tax when due.
7494	7494	The district may bring suit against a person who fails to collect
7495	7495	the tax and to pay it over to the district as required.
7496	7496	(e) The district by order may permit a person who is
7497	7497	required to collect the tax to retain a percentage of the amount
7498	7498	collected and required to be reported as reimbursement to the
7499	7499	person for the costs of collecting the tax. The district may
7500	7500	provide that the person may retain the amount only if the person
7501	7501	pays the tax and files reports as required by the district.
7502	7502	(f) The tax is not an occupation tax imposed on the owner or
7503	7503	lessee of the parking facility.
7504	7504	Sec. 3846.404. EFFECTIVE DATE AND ENDING DATE OF EVENT
7505	7505	PARKING TAX. (a) A tax imposed under this subchapter or a change in
7506	7506	the rate of the tax takes effect on the date prescribed by the order
7507	7507	imposing the tax or changing the rate.
7508	7508	(b) Except as provided by Subsection (c), the district may
7509	7509	impose the tax only if the district issues bonds or enters into
7510	7510	other contractual obligations under Subchapter G.
7511	7511	(c) The district may continue to impose the tax after any
7512	7512	financial obligations have been fulfilled if the tax revenue is
7513	7513	used as authorized by Section 3846.004(e) or 3846.302(c).
7514	7514	SECTION 21.040. Chapter 3846, Special District Local Laws
7515	7515	Code, is amended to conform to Sections 7 and 8, Chapter 950, Acts
7516	7516	of the 80th Legislature, Regular Session, 2007, by adding
7517	7517	Subchapter J to read as follows:
7518	7518	SUBCHAPTER J. HOTEL OCCUPANCY TAX
7519	7519	Sec. 3846.451. DEFINITION. In this subchapter, "hotel" has
7520	7520	the meaning assigned by Section 156.001, Tax Code.
7521	7521	Sec. 3846.452. APPLICABILITY OF CERTAIN TAX CODE
7522	7522	PROVISIONS. (a) Chapter 352, Tax Code, governs a hotel occupancy
7523	7523	tax authorized by this subchapter, including the collection of the
7524	7524	tax.
7525	7525	(b) For purposes of this subchapter, a reference:
7526	7526	(1) in Subchapter B, Chapter 351, Tax Code, to a
7527	7527	municipality is a reference to the district and a reference to the
7528	7528	municipality's officers or governing body is a reference to the
7529	7529	board; and
7530	7530	(2) in Subchapter A or B, Chapter 352, Tax Code, to a
7531	7531	county is a reference to the district and a reference to the
7532	7532	county's officers or governing body is a reference to the board.
7533	7533	Sec. 3846.453. HOTEL OCCUPANCY TAX AUTHORIZED. The board
7534	7534	by order may impose, repeal, increase, or decrease the rate of a tax
7535	7535	on a person who, under a lease, concession, permit, right of access,
7536	7536	license, contract, or agreement, pays for the use or possession or
7537	7537	for the right to the use or possession of a room that:
7538	7538	(1) is in a hotel located wholly or partly in the
7539	7539	district;
7540	7540	(2) costs $2 or more each day; and
7541	7541	(3) is ordinarily used for sleeping.
7542	7542	Sec. 3846.454. LIMITATION ON HOTEL OCCUPANCY TAX RATE. The
7543	7543	tax rate may not exceed the maximum rate allowed under Section
7544	7544	352.003, Tax Code.
7545	7545	Sec. 3846.455. USE OF HOTEL OCCUPANCY TAX. (a) The
7546	7546	district may use the proceeds from a hotel occupancy tax imposed
7547	7547	under this subchapter for any district purpose and for any purpose
7548	7548	described by Section 351.101 or 352.1015, Tax Code, to the extent
7549	7549	the board considers appropriate.
7550	7550	(b) During each interval of three calendar years following
7551	7551	the date on which the tax is initially collected, the board may not
7552	7552	apply an annual average of more than 10 percent of the amount of tax
7553	7553	collected, excluding any interest earnings or investment profits
7554	7554	and after a deduction for the costs of imposing and collecting the
7555	7555	taxes, for the administrative expenses of the district or a
7556	7556	district purpose other than the costs of:
7557	7557	(1) advertising and promoting tourism;
7558	7558	(2) business development and commerce, including the
7559	7559	costs of planning, designing, constructing, acquiring, leasing,
7560	7560	financing, owning, operating, maintaining, managing, improving,
7561	7561	repairing, rehabilitating, or reconstructing improvement projects
7562	7562	for:
7563	7563	(A) conferences, conventions, and exhibitions;
7564	7564	(B) manufacturer, consumer, or trade shows; and
7565	7565	(C) civic, community, or institutional events;
7566	7566	(3) encouraging and promoting the arts, including
7567	7567	instrumental and vocal music, dance, drama, folk art, creative
7568	7568	writing, architecture, design and related fields, painting,
7569	7569	sculpture, photography, graphic arts and crafts, motion pictures,
7570	7570	radio, television, tape and sound recording, and other arts related
7571	7571	to the presentation, performance, execution, and exhibition of
7572	7572	these major art forms;
7573	7573	(4) historical restoration and preservation projects;
7574	7574	and
7575	7575	(5) activities, advertising, solicitations, and
7576	7576	promotional programs to encourage tourists to visit preserved
7577	7577	historic sites or museums.
7578	7578	Sec. 3846.456. EXEMPTION FROM HOTEL OCCUPANCY TAX. This
7579	7579	subchapter does not apply to a hotel located wholly or partly in the
7580	7580	city of Splendora as the boundaries of that city existed on April 1,
7581	7581	2007.
7582	7582	SECTION 21.041. Section 3848.101, Special District Local
7583	7583	Laws Code, is amended to correct references to read as follows:
7584	7584	Sec. 3848.101. DEVELOPMENT CORPORATION AND HOUSING
7585	7585	CORPORATION POWERS OF DISTRICT. The district may exercise the
7586	7586	powers given to:
7587	7587	(1) a corporation under Chapter 505, Local Government
7588	7588	Code [Section 4B, Development Corporation Act of 1979 (Article
7589	7589	5190.6, Vernon's Texas Civil Statutes)], including the power to
7590	7590	own, operate, acquire, construct, lease, improve, and maintain the
7591	7591	projects described by that chapter [section]; and
7592	7592	(2) a housing finance corporation under Chapter 394,
7593	7593	Local Government Code, to provide housing or residential
7594	7594	development projects in the district.
7595	7595	SECTION 21.042. Section 3849.102, Special District Local
7596	7596	Laws Code, is amended to correct references to read as follows:
7597	7597	Sec. 3849.102. EXERCISE OF POWERS OF OTHER GOVERNMENTAL
7598	7598	ENTITIES. The district has the powers of:
7599	7599	(1) a corporation created under Chapter 505, Local
7600	7600	Government Code [Section 4B, Development Corporation Act of 1979
7601	7601	(Article 5190.6, Vernon's Texas Civil Statutes)], including the
7602	7602	power to own, operate, acquire, construct, lease, improve, and
7603	7603	maintain projects described by that chapter [section]; and
7604	7604	(2) a housing finance corporation created under
7605	7605	Chapter 394, Local Government Code.
7606	7606	SECTION 21.043. Section 3850.157, Special District Local
7607	7607	Laws Code, is amended to correct references to read as follows:
7608	7608	Sec. 3850.157. PUBLIC IMPROVEMENT DISTRICT
7609	7609	ASSESSMENTS. An assessment levied in the district for a public
7610	7610	improvement district under Subchapter A, Chapter 372, Local
7611	7611	Government Code, or Chapter 382, Local Government Code, may be used
7612	7612	only under the terms for which the assessment was levied. Money
7613	7613	raised by an assessment in the public improvement district under
7614	7614	that chapter must be used in the public improvement district, and
7615	7615	may not be transferred for use outside the area for which the
7616	7616	assessment was originally levied.
7617	7617	SECTION 21.044. Section 3851.101, Special District Local
7618	7618	Laws Code, is amended to correct references to read as follows:
7619	7619	Sec. 3851.101. GENERAL POWERS AND DUTIES. The district has
7620	7620	the powers and duties provided by:
7621	7621	(1) the general laws relating to conservation and
7622	7622	reclamation districts created under Section 59, Article XVI, Texas
7623	7623	Constitution, including Chapters 49 and 54, Water Code;
7624	7624	(2) the general laws relating to road districts and
7625	7625	road utility districts created under Section 52(b), Article III,
7626	7626	Texas Constitution, including Chapter 441, Transportation Code;
7627	7627	(3) Subchapter A, Chapter 372, Local Government Code,
7628	7628	in the same manner as a municipality or a county; and
7629	7629	(4) Chapters [Chapter] 375 and 505, Local Government
7630	7630	Code[; and
7631	7631	[(5) Section 4B, Development Corporation Act of 1979
7632	7632	(Article 5190.6, Vernon's Texas Civil Statutes)].
7633	7633	SECTION 21.045. Section 3856.101, Special District Local
7634	7634	Laws Code, is amended to correct references to read as follows:
7635	7635	Sec. 3856.101. ADDITIONAL POWERS OF DISTRICT. The district
7636	7636	may exercise the powers given to:
7637	7637	(1) a corporation created under Chapter 505, Local
7638	7638	Government Code [Section 4B, Development Corporation Act of 1979
7639	7639	(Article 5190.6, Vernon's Texas Civil Statutes)], including the
7640	7640	power to own, operate, acquire, construct, lease, improve, and
7641	7641	maintain projects described by that chapter [section];
7642	7642	(2) a housing finance corporation created under
7643	7643	Chapter 394, Local Government Code, to provide housing or
7644	7644	residential development projects in the district;
7645	7645	(3) a road utility district under Chapter 441,
7646	7646	Transportation Code;
7647	7647	(4) a navigation district under Subchapters E and M,
7648	7648	Chapter 60, Water Code; and
7649	7649	(5) a navigation district under Section 61.116, Water
7650	7650	Code.
7651	7651	SECTION 21.046. Section 3859.101, Special District Local
7652	7652	Laws Code, is amended to correct references to read as follows:
7653	7653	Sec. 3859.101. DISTRICT POWERS. The district has:
7654	7654	(1) all powers necessary to accomplish the purposes
7655	7655	for which the district was created;
7656	7656	(2) the rights, powers, privileges, authority, and
7657	7657	functions of a district created under Chapter 375, Local Government
7658	7658	Code;
7659	7659	(3) the powers, duties, and contracting authority
7660	7660	specified by Subchapters H and I, Chapter 49, Water Code;
7661	7661	(4) the powers given to a corporation under Chapter
7662	7662	505, Local Government Code [Section 4B, Development Corporation Act
7663	7663	of 1979 (Article 5190.6, Vernon's Texas Civil Statutes)], including
7664	7664	the power to own, operate, acquire, construct, lease, improve, and
7665	7665	maintain the projects described by that chapter [section]; and
7666	7666	(5) the powers of a housing finance corporation
7667	7667	created under Chapter 394, Local Government Code.
7668	7668	SECTION 21.047. Section 3860.102, Special District Local
7669	7669	Laws Code, is amended to correct references to read as follows:
7670	7670	Sec. 3860.102. DEVELOPMENT CORPORATION AND HOUSING
7671	7671	CORPORATION POWERS OF DISTRICT. The district may exercise the
7672	7672	powers given to:
7673	7673	(1) a corporation under Chapter 505, Local Government
7674	7674	Code [Section 4B, Development Corporation Act of 1979 (Article
7675	7675	5190.6, Vernon's Texas Civil Statutes)], including the power to
7676	7676	own, operate, acquire, construct, lease, improve, and maintain the
7677	7677	projects described by that chapter [section]; and
7678	7678	(2) a housing finance corporation under Chapter 394,
7679	7679	Local Government Code, to provide housing or residential
7680	7680	development projects in the district.
7681	7681	SECTION 21.048. Section 3861.101, Special District Local
7682	7682	Laws Code, is amended to correct a reference to read as follows:
7683	7683	Sec. 3861.101. GENERAL POWERS AND DUTIES. The district has
7684	7684	the powers and duties provided by:
7685	7685	(1) the general laws relating to conservation and
7686	7686	reclamation districts created under Section 59, Article XVI, Texas
7687	7687	Constitution, including Chapters 49 and 54, Water Code, except that
7688	7688	the district's bonds and other securities are not subject to the
7689	7689	jurisdiction or supervision of the Texas Commission on
7690	7690	Environmental Quality under Chapter 49, Water Code, or other law;
7691	7691	(2) the general laws relating to road districts and
7692	7692	road utility districts created under Section 52(b), Article III,
7693	7693	Texas Constitution, including Chapter 441, Transportation Code;
7694	7694	(3) Subchapter A, Chapter 372, Local Government Code,
7695	7695	in the same manner as a municipality or a county; and
7696	7696	(4) Chapters [Chapter] 375 and 505, Local Government
7697	7697	Code[; and
7698	7698	[(5) Section 4B, Development Corporation Act of 1979
7699	7699	(Article 5190.6, Vernon's Texas Civil Statutes)].
7700	7700	SECTION 21.049. The heading to Chapter 5002, Special
7701	7701	District Local Laws Code, is amended to conform to Chapter 2, Acts
7702	7702	of the 80th Legislature, Regular Session, 2007, to read as follows:
7703	7703	CHAPTER 5002. PORT FREEPORT [BRAZOS RIVER HARBOR NAVIGATION
7704	7704	DISTRICT OF BRAZORIA COUNTY]
7705	7705	SECTION 21.050. Section 5002.001, Special District Local
7706	7706	Laws Code, is amended to conform to Chapter 2, Acts of the 80th
7707	7707	Legislature, Regular Session, 2007, to read as follows:
7708	7708	Sec. 5002.001. DEFINITIONS. In this chapter:
7709	7709	(1) "Board" means the port commission [board of
7710	7710	navigation and canal commissioners] of the district.
7711	7711	(2) "Commissioner" means a port commission [board]
7712	7712	member.
7713	7713	(3) "District" means Port Freeport [the Brazos River
7714	7714	Harbor Navigation District of Brazoria County].
7715	7715	SECTION 21.051. The heading to Section 5002.051, Special
7716	7716	District Local Laws Code, is amended to conform to Chapter 2, Acts
7717	7717	of the 80th Legislature, Regular Session, 2007, to read as follows:
7718	7718	Sec. 5002.051. PORT COMMISSION [BOARD OF COMMISSIONERS];
7719	7719	TERM; ELECTION.
7720	7720	SECTION 21.052. The heading to Chapter 5003, Special
7721	7721	District Local Laws Code, is amended to conform to Chapter 379, Acts
7722	7722	of the 80th Legislature, Regular Session, 2007, to read as follows:
7723	7723	CHAPTER 5003. CALHOUN PORT AUTHORITY [COUNTY NAVIGATION DISTRICT]
7724	7724	SECTION 21.053. Sections 5003.001(1) and (3), Special
7725	7725	District Local Laws Code, are amended to conform to Chapter 379,
7726	7726	Acts of the 80th Legislature, Regular Session, 2007, to read as
7727	7727	follows:
7728	7728	(1) "Board" means the board of navigation
7729	7729	commissioners of the port authority [district].
7730	7730	(3) "Port authority [District]" means the Calhoun Port
7731	7731	Authority [County Navigation District].
7732	7732	SECTION 21.054. Section 5003.002, Special District Local
7733	7733	Laws Code, is amended to conform to Chapter 379, Acts of the 80th
7734	7734	Legislature, Regular Session, 2007, to read as follows:
7735	7735	Sec. 5003.002. NATURE AND PURPOSE OF PORT AUTHORITY
7736	7736	[DISTRICT]. The port authority [district] is a navigation
7737	7737	district. To the extent authorized by this chapter, the port
7738	7738	authority [district] is created to:
7739	7739	(1) improve navigation in the port authority
7740	7740	[district]; and
7741	7741	(2) maintain, develop, extend, and improve port
7742	7742	facilities and wharf and dock facilities in the port authority
7743	7743	[district].
7744	7744	SECTION 21.055. Section 5003.003, Special District Local
7745	7745	Laws Code, is amended to conform to Chapter 379, Acts of the 80th
7746	7746	Legislature, Regular Session, 2007, to read as follows:
7747	7747	Sec. 5003.003. LEGISLATIVE FINDINGS. (a) The creation of
7748	7748	the port authority [district] is essential:
7749	7749	(1) to accomplish the purposes of Section 59, Article
7750	7750	XVI, Texas Constitution;
7751	7751	(2) to the general welfare of this state; and
7752	7752	(3) for the development of marine shipping.
7753	7753	(b) All property in the port authority [district] benefits
7754	7754	from the creation of the port authority [district] by the
7755	7755	improvements to be constructed or acquired by the port authority
7756	7756	[district] in carrying out the port authority's [district's]
7757	7757	purposes.
7758	7758	SECTION 21.056. Section 5003.004, Special District Local
7759	7759	Laws Code, is amended to conform to Chapter 379, Acts of the 80th
7760	7760	Legislature, Regular Session, 2007, to read as follows:
7761	7761	Sec. 5003.004. PORT AUTHORITY [DISTRICT] TERRITORY. The
7762	7762	port authority [district] is composed of all the territory of
7763	7763	Calhoun County, including all land and water areas of the county:
7764	7764	(1) except for territory included in the West Side
7765	7765	Calhoun County Navigation District as described in Volume H, pages
7766	7766	568-570, of the minutes of the Commissioners Court of Calhoun
7767	7767	County; and
7768	7768	(2) as that territory may have been modified under:
7769	7769	(A) Section 3 or Section 3a, Chapter 103, Acts of
7770	7770	the 41st Legislature, 1st Called Session, 1929 (Article 8263a,
7771	7771	Vernon's Texas Civil Statutes), before August 30, 1971;
7772	7772	(B) Subchapter H, Chapter 62, Water Code; or
7773	7773	(C) other law.
7774	7774	SECTION 21.057. The heading to Subchapter B, Chapter 5003,
7775	7775	Special District Local Laws Code, is amended to conform to Chapter
7776	7776	379, Acts of the 80th Legislature, Regular Session, 2007, to read as
7777	7777	follows:
7778	7778	SUBCHAPTER B. PORT AUTHORITY [DISTRICT] ADMINISTRATION
7779	7779	SECTION 21.058. Section 5003.051, Special District Local
7780	7780	Laws Code, is amended to conform to Chapter 379, Acts of the 80th
7781	7781	Legislature, Regular Session, 2007, to read as follows:
7782	7782	Sec. 5003.051. BOARD OF NAVIGATION COMMISSIONERS. The port
7783	7783	authority [district] is governed by a board of six commissioners.
7784	7784	SECTION 21.059. Sections 5003.052(a) and (b), Special
7785	7785	District Local Laws Code, are amended to conform to Chapter 379,
7786	7786	Acts of the 80th Legislature, Regular Session, 2007, to read as
7787	7787	follows:
7788	7788	(a) The board shall from time to time divide the port
7789	7789	authority [district] into six navigation commissioner precincts
7790	7790	that are:
7791	7791	(1) compact and contiguous; and
7792	7792	(2) as nearly as practicable, of equal population.
7793	7793	(b) The board shall complete any division of the port
7794	7794	authority [district] into new precincts not later than the 90th day
7795	7795	before the date of the first election of commissioners from those
7796	7796	precincts.
7797	7797	SECTION 21.060. Section 5003.053(a), Special District
7798	7798	Local Laws Code, is amended to conform to Chapter 379, Acts of the
7799	7799	80th Legislature, Regular Session, 2007, to read as follows:
7800	7800	(a) The six commissioners elected at the first election
7801	7801	after a division of the port authority [district] into new
7802	7802	precincts under Section 5003.052 shall draw lots after the election
7803	7803	to select three commissioners to serve two-year terms and three
7804	7804	commissioners to serve four-year terms. Successor commissioners
7805	7805	serve terms as provided by Subsection (b).
7806	7806	SECTION 21.061. Section 5003.055(c), Special District
7807	7807	Local Laws Code, is amended to conform to Chapter 379, Acts of the
7808	7808	80th Legislature, Regular Session, 2007, to read as follows:
7809	7809	(c) The legislature finds that it is in the best interest of
7810	7810	public welfare, general benefit, and the assurance of proper
7811	7811	development of marine shipping that:
7812	7812	(1) the commissioners be representatives of all areas
7813	7813	of the port authority [district]; and
7814	7814	(2) if a commissioner no longer resides in the
7815	7815	precinct from which elected, the commissioner's office is vacant.
7816	7816	SECTION 21.062. Section 5003.101, Special District Local
7817	7817	Laws Code, is amended to conform to Chapter 379, Acts of the 80th
7818	7818	Legislature, Regular Session, 2007, to read as follows:
7819	7819	Sec. 5003.101. GENERAL NAVIGATION DISTRICT POWERS. The
7820	7820	port authority [district] and the board, except as specifically
7821	7821	restricted by this chapter, have the powers of government and may
7822	7822	exercise the rights, powers, duties, privileges, and functions
7823	7823	conferred by Chapter 60, 61, 62, or 63, Water Code, on a navigation
7824	7824	district created under Section 59, Article XVI, Texas Constitution,
7825	7825	that are appropriate to the accomplishment of the purposes stated
7826	7826	in Subchapter A.
7827	7827	SECTION 21.063. Sections 5003.102(a), (b), and (c), Special
7828	7828	District Local Laws Code, are amended to conform to Chapter 379,
7829	7829	Acts of the 80th Legislature, Regular Session, 2007, to read as
7830	7830	follows:
7831	7831	(a) If authorized by a majority vote of the port authority
7832	7832	[district] voters voting at an election held in the manner provided
7833	7833	for a bond election under Subchapter F, Chapter 62, Water Code, the
7834	7834	Commissioners Court of Calhoun County may:
7835	7835	(1) impose maintenance taxes; or
7836	7836	(2) issue tax bonds and impose taxes to pay for the
7837	7837	bonds.
7838	7838	(b) The commissioners court shall impose the tax for:
7839	7839	(1) the maintenance of the port authority [district]
7840	7840	and its property, including facilities; and
7841	7841	(2) the payment of the principal of and interest on all
7842	7842	bonds or other indebtedness issued by the port authority
7843	7843	[district].
7844	7844	(c) The maximum tax rate for both maintenance and
7845	7845	indebtedness purposes may not exceed a total of 15 cents on each
7846	7846	$100 of taxable property in the port authority [district].
7847	7847	SECTION 21.064. Section 5003.103, Special District Local
7848	7848	Laws Code, is amended to conform to Chapter 379, Acts of the 80th
7849	7849	Legislature, Regular Session, 2007, to read as follows:
7850	7850	Sec. 5003.103. CHANGE OF PORT AUTHORITY [DISTRICT] NOT
7851	7851	AUTHORIZED. The board may not by a vote change the port authority
7852	7852	[district] from a navigation district to any other type of district
7853	7853	authorized by general law.
7854	7854	SECTION 21.065. Section 5003.104, Special District Local
7855	7855	Laws Code, is amended to conform to Chapter 379, Acts of the 80th
7856	7856	Legislature, Regular Session, 2007, to read as follows:
7857	7857	Sec. 5003.104. LIMIT ON EMINENT DOMAIN POWER. The port
7858	7858	authority [district] may not exercise the power of eminent domain
7859	7859	outside Calhoun County in an area in another navigation district
7860	7860	without the consent of the other district.
7861	7861	SECTION 21.066. Sections 5003.105(a) and (e), Special
7862	7862	District Local Laws Code, are amended to conform to Chapter 379,
7863	7863	Acts of the 80th Legislature, Regular Session, 2007, to read as
7864	7864	follows:
7865	7865	(a) The board may adopt an order or resolution designating
7866	7866	an area of land in the port authority [district] that fronts on
7867	7867	navigable water in the port authority [district] as an industrial
7868	7868	area or plant site for the aid of navigation. A defined area may
7869	7869	not:
7870	7870	(1) be located in the corporate limits of a
7871	7871	municipality; or
7872	7872	(2) exceed 1,000 yards in depth as measured from the
7873	7873	shoreline.
7874	7874	(e) The legislature finds that the powers granted and
7875	7875	restrictions imposed by this section are necessary:
7876	7876	(1) for the proper exercise by the port authority
7877	7877	[district] of the powers granted by Section 59, Article XVI, Texas
7878	7878	Constitution, and by this chapter; and
7879	7879	(2) to promote and effect the navigation of the inland
7880	7880	and coastal waters of the state.
7881	7881	SECTION 21.067. Section 6603.102, Special District Local
7882	7882	Laws Code, is amended to conform to Chapter 1151, Acts of the 80th
7883	7883	Legislature, Regular Session, 2007, by amending Subsection (g) and
7884	7884	adding Subsection (j) to read as follows:
7885	7885	(g) This section does not apply to[:
7886	7886	[(1)] agricultural activity[; or
7887	7887	[(2) any other activity that does not create an
7888	7888	aggregate impervious area of more than one acre].
7889	7889	(j) The district may adopt rules to exempt from the
7890	7890	requirements of this section a drainage facility or improvement on
7891	7891	or to serve a tract of land in the district if the facility or
7892	7892	improvement does not create an aggregate impervious area of more
7893	7893	than one acre.
7894	7894	SECTION 21.068. The heading to Section 8154.101, Special
7895	7895	District Local Laws Code, is amended to correct a typographical
7896	7896	error to read as follows:
7897	7897	Sec. 8154.101. MUNICIPAL [MUNICIPALITY] UTILITY DISTRICT
7898	7898	POWERS AND DUTIES.
7899	7899	SECTION 21.069. The heading to Chapter 8156, Special
7900	7900	District Local Laws Code, is amended to update the district's name
7901	7901	to read as follows:
7902	7902	CHAPTER 8156. PASEO DEL ESTE MUNICIPAL UTILITY
7903	7903	DISTRICT NO. 11 OF EL PASO COUNTY [EL PASO COUNTY
7904	7904	MUNICIPAL UTILITY DISTRICT NO. 2]
7905	7905	SECTION 21.070. Section 8156.001, Special District Local
7906	7906	Laws Code, is amended to update the district's name to read as
7907	7907	follows:
7908	7908	Sec. 8156.001. DEFINITION. In this chapter, "district"
7909	7909	means Paseo del Este Municipal Utility District No. 11 of El Paso
7910	7910	County [El Paso County Municipal Utility District No. 2].
7911	7911	SECTION 21.071. Section 8248.102, Special District Local
7912	7912	Laws Code, as added by Chapters 1003 and 1142, Acts of the 80th
7913	7913	Legislature, Regular Session, 2007, is reenacted to read as
7914	7914	follows:
7915	7915	Sec. 8248.102. ANNEXATION. The district or any new
7916	7916	district created by the division of the district may not annex the
7917	7917	property of a landowner before obtaining written consent from the
7918	7918	landowner. The annexation of the property must be completed by the
7919	7919	district not later than one year after the district's receipt of the
7920	7920	landowner's written consent. A landowner may revoke the
7921	7921	landowner's consent to annexation before annexation by notifying
7922	7922	the district in writing that the consent is revoked. A landowner's
7923	7923	petition for annexation that meets the requirements of Chapter 49
7924	7924	or 54, Water Code, shall be considered as the landowner's written
7925	7925	consent for the purposes of this section.
7926	7926	SECTION 21.072. Section 8183.001(2), Special District
7927	7927	Local Laws Code, is repealed because the term defined by that
7928	7928	section is not used in the chapter.
7929	7929	SECTION 21.073. Section 8199.152(a), Special District
7930	7930	Local Laws Code, is amended to correct a reference to read as
7931	7931	follows:
7932	7932	(a) If authorized at an election held under Section
7933	7933	8199.151, the district may impose an operation and maintenance tax
7934	7934	on taxable property in the district as provided by Section
7935	7935	[Chapter] 49.107, Water Code.
7936	7936	SECTION 21.074. Section 8206.152(a), Special District
7937	7937	Local Laws Code, is amended to correct a reference to read as
7938	7938	follows:
7939	7939	(a) If authorized at an election held under Section
7940	7940	8206.151, the district may impose an operation and maintenance tax
7941	7941	on taxable property in the district as provided by Section
7942	7942	[Chapter] 49.107, Water Code.
7943	7943	SECTION 21.075. Section 8210.152(a), Special District
7944	7944	Local Laws Code, as added by Chapter 582, Acts of the 80th
7945	7945	Legislature, Regular Session, 2007, is amended to correct a
7946	7946	reference to read as follows:
7947	7947	(a) If authorized at an election held under Section
7948	7948	8210.151, the district may impose an operation and maintenance tax
7949	7949	on taxable property in the district as provided by Section
7950	7950	[Chapter] 49.107, Water Code.
7951	7951	SECTION 21.076. Section 8211.152(a), Special District
7952	7952	Local Laws Code, is amended to correct a reference to read as
7953	7953	follows:
7954	7954	(a) If authorized at an election held under Section
7955	7955	8211.151, the district may impose an operation and maintenance tax
7956	7956	on taxable property in the district as provided by Section
7957	7957	[Chapter] 49.107, Water Code.
7958	7958	SECTION 21.077. Section 8212.152(a), Special District
7959	7959	Local Laws Code, is amended to correct a reference to read as
7960	7960	follows:
7961	7961	(a) If authorized at an election held under Section
7962	7962	8212.151, the district may impose an operation and maintenance tax
7963	7963	on taxable property in the district as provided by Section
7964	7964	[Chapter] 49.107, Water Code.
7965	7965	SECTION 21.078. Section 8216.152(a), Special District
7966	7966	Local Laws Code, is amended to correct a reference to read as
7967	7967	follows:
7968	7968	(a) If authorized at an election held under Section
7969	7969	8216.151, the district may impose an operation and maintenance tax
7970	7970	on taxable property in the district as provided by Section
7971	7971	[Chapter] 49.107, Water Code.
7972	7972	SECTION 21.079. Section 8218.152(a), Special District
7973	7973	Local Laws Code, is amended to correct a reference to read as
7974	7974	follows:
7975	7975	(a) If authorized at an election held under Section
7976	7976	8218.151, the district may impose an operation and maintenance tax
7977	7977	on taxable property in the district as provided by Section
7978	7978	[Chapter] 49.107, Water Code.
7979	7979	SECTION 21.080. Section 8221.152(a), Special District
7980	7980	Local Laws Code, is amended to correct a reference to read as
7981	7981	follows:
7982	7982	(a) If authorized at an election held under Section
7983	7983	8221.151, the district may impose an operation and maintenance tax
7984	7984	on taxable property in the district as provided by Section
7985	7985	[Chapter] 49.107, Water Code.
7986	7986	SECTION 21.081. Section 8222.152(a), Special District
7987	7987	Local Laws Code, is amended to correct a reference to read as
7988	7988	follows:
7989	7989	(a) If authorized at an election held under Section
7990	7990	8222.151, the district may impose an operation and maintenance tax
7991	7991	on taxable property in the district as provided by Section
7992	7992	[Chapter] 49.107, Water Code.
7993	7993	SECTION 21.082. Section 8232.152(a), Special District
7994	7994	Local Laws Code, is amended to correct a reference to read as
7995	7995	follows:
7996	7996	(a) If authorized at an election held under Section
7997	7997	8232.151, the district may impose an operation and maintenance tax
7998	7998	on taxable property in the district as provided by Section
7999	7999	[Chapter] 49.107, Water Code.
8000	8000	SECTION 21.083. Section 8233.152(a), Special District
8001	8001	Local Laws Code, is amended to correct a reference to read as
8002	8002	follows:
8003	8003	(a) If authorized at an election held under Section
8004	8004	8233.151, the district may impose an operation and maintenance tax
8005	8005	on taxable property in the district as provided by Section
8006	8006	[Chapter] 49.107, Water Code.
8007	8007	SECTION 21.084. Section 8241.152(a), Special District
8008	8008	Local Laws Code, is amended to correct a reference to read as
8009	8009	follows:
8010	8010	(a) If authorized at an election held under Section
8011	8011	8241.151, the district may impose an operation and maintenance tax
8012	8012	on taxable property in the district as provided by Section
8013	8013	[Chapter] 49.107, Water Code.
8014	8014	SECTION 21.085. Section 9011.104(b), Special District
8015	8015	Local Laws Code, is amended to conform more closely to the source
8016	8016	law from which the section was derived to read as follows:
8017	8017	(b) The petition must be:
8018	8018	(1) signed by at least 10 residents of the district who
8019	8019	are registered voters; and
8020	8020	(2) presented to the secretary not later than the 11th
8021	8021	day before the date of the election.
8022	8022	SECTION 21.086. Section 27G(f), Chapter 306, Acts of the
8023	8023	49th Legislature, Regular Session, 1945, is amended to correct a
8024	8024	typographical error to read as follows:
8025	8025	(f) On completion of the evaluation, the commission may
8026	8026	issue orders compelling any appropriate and necessary actions by
8027	8027	the District under Chapter 49, Water Code, and the commission's
8028	8028	rules regulating retail public utilities. If the commission finds
8029	8029	that the District is incapable of operating the utility in a manner
8030	8030	that provides adequate water service to current and future
8031	8031	customers, the commission may include, in the final evaluation, a
8032	8032	recommendation that the oversight committee consider the option of
8033	8033	initiating the process of receivership appointment to operate the
8034	8034	utility under Section 13.412 [13.142], Water Code.
8035	8035	PART B. CNP UTILITY DISTRICT
8036	8036	SECTION 21.101. Chapter 9013, Special District Local Laws
8037	8037	Code, is transferred to Subtitle F, Title 6, of that code,
8038	8038	redesignated as Chapter 8270 of that code, and amended to read as
8039	8039	follows:
8040	8040	CHAPTER 8270 [9013]. CNP UTILITY DISTRICT
8041	8041	SUBCHAPTER A. GENERAL PROVISIONS
8042	8042	Sec. 8270.001 [9013.001]. DEFINITIONS. In this chapter:
8043	8043	(1) "Board" means the board of directors of the
8044	8044	district.
8045	8045	(2) "District" means the CNP Utility District.
8046	8046	Sec. 8270.002 [9013.002]. NATURE OF DISTRICT. The district
8047	8047	is a municipal utility district and a conservation and reclamation
8048	8048	district in Harris County created under Section 59, Article XVI,
8049	8049	Texas Constitution.
8050	8050	Sec. 8270.003 [9013.003]. FINDINGS OF BENEFIT AND PUBLIC
8051	8051	PURPOSE. (a) The district is created to serve a public use and
8052	8052	benefit.
8053	8053	(b) All land and other property included in the boundaries
8054	8054	of the district will benefit from the works and projects
8055	8055	accomplished by the district under the powers conferred by Section
8056	8056	59, Article XVI, Texas Constitution.
8057	8057	(c) The creation of the district is essential to accomplish
8058	8058	the purposes of Section 59, Article XVI, Texas Constitution.
8059	8059	(d) The accomplishment of the purposes stated in this
8060	8060	chapter is for the benefit of the people of this state and for the
8061	8061	improvement of their property and industries. The district, in
8062	8062	carrying out the purposes of this chapter, will be performing an
8063	8063	essential public function under the constitution.
8064	8064	Sec. 8270.004. STATE POLICY REGARDING WASTE DISPOSAL. The
8065	8065	district's powers and duties are subject to the state policy of
8066	8066	encouraging the development and use of integrated area-wide waste
8067	8067	collection, treatment, and disposal systems to serve the waste
8068	8068	disposal needs of this state's residents, if integrated systems can
8069	8069	reasonably be provided for an area, so as to avoid the economic
8070	8070	burden on residents and the effect on state water quality caused by
8071	8071	the construction and operation of numerous small waste collection,
8072	8072	treatment, and disposal facilities.
8073	8073	[Sections 8270.005-8270.050 reserved for expansion]
8074	8074	SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATIONS TO DISTRICT
8075	8075	TERRITORY
8076	8076	Sec. 8270.051 [9013.051]. DISTRICT TERRITORY. (a) The
8077	8077	district is composed of the territory described by Section 2,
8078	8078	Chapter 751, Acts of the 61st Legislature, Regular Session, 1969,
8079	8079	as that territory may have been modified under:
8080	8080	(1) Subchapter H, Chapter 54 [Subchapter O, Chapter
8081	8081	51], Water Code;
8082	8082	(2) Subchapter J, Chapter 49, Water Code; [or]
8083	8083	(3) Section 9, Chapter 751, Acts of the 61st
8084	8084	Legislature, Regular Session, 1969; or
8085	8085	(4) other law.
8086	8086	(b) The boundaries and field notes of the district form a
8087	8087	closure. A mistake in the field notes or in copying the field notes
8088	8088	in the legislative process does not affect:
8089	8089	(1) the district's organization, existence, and
8090	8090	validity;
8091	8091	(2) the district's right to issue any type of bond for
8092	8092	a purpose for which the district is created or to pay the principal
8093	8093	of and interest on the bond;
8094	8094	(3) the district's right to impose a tax; or
8095	8095	(4) the legality or operation of the district or the
8096	8096	board.
8097	8097	Sec. 8270.052 [9013.052]. EXPANSION OF DISTRICT. (a) If
8098	8098	land is added to the district under Section 49.301 [or 51.714],
8099	8099	Water Code, the board may require the petitioners:
8100	8100	(1) to assume the petitioners' pro rata share of the
8101	8101	voted but unissued bonds of the district; and
8102	8102	(2) to authorize the board to impose a tax on the
8103	8103	petitioners' property to pay for the bonds after the bonds have been
8104	8104	issued.
8105	8105	(b) If land is annexed in the manner provided by Section
8106	8106	49.302, Water Code, the board may also submit a proposition to the
8107	8107	voters of the area to be annexed on the question of the assumption
8108	8108	by the area to be annexed of its part of the voted but not yet issued
8109	8109	or sold tax or tax-revenue bonds of the district and the imposition
8110	8110	of an ad valorem tax on taxable property within the area to be
8111	8111	annexed along with a tax on the rest of the district for the payment
8112	8112	of the bonds.
8113	8113	(c) If the petitioners consent or if the election results
8114	8114	favorably, the district may issue its voted but unissued tax or
8115	8115	tax-revenue bonds regardless of changes to district boundaries
8116	8116	since the original voting or authorization of the bonds.
8117	8117	[Sections 8270.053-8270.100 reserved for expansion]
8118	8118	SUBCHAPTER C. DISTRICT ADMINISTRATION
8119	8119	Sec. 8270.101 [9013.101]. COMPOSITION OF BOARD. The board
8120	8120	consists of five elected directors.
8121	8121	Sec. 8270.102 [9013.102]. DIRECTOR'S BOND. [(a)] Each
8122	8122	director shall give bond in the amount of $5,000 for the faithful
8123	8123	performance of the director's duties.
8124	8124	[(b) The bond must be:
8125	8125	[(1) approved by the county judge and the board;
8126	8126	[(2) filed in the office of the county clerk of the
8127	8127	county or counties in which the district is located; and
8128	8128	[(3) recorded in a record book kept for that purpose in
8129	8129	the district office.
8130	8130	[Sec. 9013.103. VACANCY. (a) Except as provided by
8131	8131	Subsection (b), a vacancy in the office of director shall be filled
8132	8132	in the manner provided by Section 49.105, Water Code.
8133	8133	[(b) The county judge of the county in which the district is
8134	8134	located shall appoint directors to fill all vacancies on the board
8135	8135	whenever the number of qualified directors is fewer than three.]
8136	8136	Sec. 8270.103 [9013.104]. DISTRICT OFFICE. (a) Except as
8137	8137	provided by this section, the board shall designate, establish, and
8138	8138	maintain a district office as provided by Section 49.062, Water
8139	8139	Code.
8140	8140	(b) The board may establish a second district office outside
8141	8141	the district. If the board establishes a second district office,
8142	8142	the board shall give notice of the location of that office by:
8143	8143	(1) filing a copy of the board resolution that
8144	8144	establishes the location of the office:
8145	8145	(A) with the Texas Commission on Environmental
8146	8146	Quality; and
8147	8147	(B) in the municipal utility [water control and
8148	8148	improvement] district records of each county in which the district
8149	8149	is located; and
8150	8150	(2) publishing notice of the location of the office in
8151	8151	a newspaper of general circulation in each county in which the
8152	8152	district is located.
8153	8153	(c) A district office that is a private residence, office,
8154	8154	or dwelling is a public place for matters relating to district
8155	8155	business.
8156	8156	(d) The board shall provide notice of any change in the
8157	8157	location of the district office outside the district in the manner
8158	8158	required by Subsection (b).
8159	8159	Sec. 8270.104 [9013.105]. ABSENCE OR INACTION OF [OF
8160	8160	PRESIDENT FROM] BOARD PRESIDENT [MEETING]. (a) When the board
8161	8161	president is absent or fails or declines to act, the board vice
8162	8162	president shall perform all duties and exercise all power this
8163	8163	chapter or general law gives the president.
8164	8164	(b) If the board president is absent from a board meeting:
8165	8165	(1) the board vice president may:
8166	8166	(A) sign an order adopted at the meeting; or
8167	8167	(B) implement any other action taken at the
8168	8168	meeting; or
8169	8169	(2) the board may authorize the president to sign the
8170	8170	order or implement the action.
8171	8171	[Sections 8270.105-8270.150 reserved for expansion]
8172	8172	SUBCHAPTER D. POWERS AND DUTIES
8173	8173	Sec. 8270.151 [9013.151]. MUNICIPAL UTILITY [WATER CONTROL
8174	8174	AND IMPROVEMENT] DISTRICT POWERS [AND DUTIES]. The district has
8175	8175	all of the rights, powers, privileges, authority, and functions
8176	8176	conferred and imposed by the general laws of the state relating to
8177	8177	municipal utility [water control and improvement] districts
8178	8178	created under Section 59, Article XVI, Texas Constitution,
8179	8179	including those conferred by Chapters 49 and 54 [51], Water Code.
8180	8180	Sec. 8270.152 [9013.152]. ADDITIONAL POWERS [AND DUTIES].
8181	8181	(a) The district may:
8182	8182	(1) make, purchase, construct, lease, or otherwise
8183	8183	acquire property, works, facilities, existing improvements, or
8184	8184	improvements to be made, constructed, or acquired that are:
8185	8185	(A) inside or outside the district's boundaries;
8186	8186	and
8187	8187	(B) necessary to carry out the powers granted by
8188	8188	this chapter or general law; or
8189	8189	(2) enter into a contract with a person on terms the
8190	8190	board considers desirable, fair, and advantageous for:
8191	8191	(A) the purchase or sale of water;
8192	8192	(B) the transportation, treatment, and disposal
8193	8193	of the domestic, industrial, or communal wastes of the district or
8194	8194	others;
8195	8195	(C) the continuing and orderly development of
8196	8196	land and property in the district through the purchase,
8197	8197	construction, or installation of facilities, works, or
8198	8198	improvements that the district is otherwise authorized to do or
8199	8199	perform so that, to the greatest extent reasonably possible,
8200	8200	considering sound engineering and economic practices, all of the
8201	8201	land and property may ultimately receive the services of the
8202	8202	facilities, works, or improvements; and
8203	8203	(D) the performance of any of the powers granted
8204	8204	by this chapter or general law.
8205	8205	(b) A contract under Subsection (a)(2) may not have a
8206	8206	duration of more than 40 years.
8207	8207	Sec. 8270.153 [9013.153]. EMINENT DOMAIN. The district may
8208	8208	exercise the power of eminent domain only:
8209	8209	(1) in a county in which the district is located; and
8210	8210	(2) when necessary to carry out the purposes for which
8211	8211	the district was created.
8212	8212	Sec. 8270.154 [9013.154]. COST OF RELOCATING OR ALTERING
8213	8213	PROPERTY. (a) In this section, "sole expense" means the actual
8214	8214	cost of relocating, raising, lowering, rerouting, or changing the
8215	8215	grade of or altering the construction of a facility described by
8216	8216	Subsection (b) in providing comparable replacement without
8217	8217	enhancement of the facility, after deducting from that cost the net
8218	8218	salvage value of the old facility.
8219	8219	(b) If the district's exercise of the power of eminent
8220	8220	domain, the power of relocation, or any other power conferred by
8221	8221	this chapter makes necessary relocating, raising, rerouting,
8222	8222	changing the grade, or altering the construction of a highway, a
8223	8223	railroad, an electric transmission line, a telegraph or telephone
8224	8224	property or facility, or a pipeline, the necessary action shall be
8225	8225	accomplished at the sole expense of the district.
8226	8226	Sec. 8270.155 [9013.155]. CONTRACT FOR PURCHASE OF WATER,
8227	8227	SEWER, OR DRAINAGE SERVICES; ELECTION NOT REQUIRED. (a) The
8228	8228	district may enter into a contract with a political subdivision for
8229	8229	water, sewer, or drainage services or any combination of those
8230	8230	services without the necessity of an election by any contracting
8231	8231	party.
8232	8232	(b) The district may pay for an obligation incurred by such
8233	8233	a contract by issuing bonds that, if otherwise necessary, have been
8234	8234	approved by the voters in the manner provided by this chapter.
8235	8235	(c) The district may deliver the district's bonds to any of
8236	8236	the following parties that enters into such a contract with the
8237	8237	district:
8238	8238	(1) the United States;
8239	8239	(2) an agency or instrumentality of the United States;
8240	8240	(3) this state; or
8241	8241	(4) an agency or instrumentality of this state.
8242	8242	Sec. 8270.156 [9013.156]. NOTICE OF ELECTION. The board
8243	8243	president or secretary may give notice of an election.
8244	8244	Sec. 8270.157 [9013.157]. DISTRICT RULES. The district
8245	8245	shall adopt and enforce reasonable and effective rules to secure
8246	8246	and maintain safe, sanitary, and adequate plumbing installations,
8247	8247	connections, and appurtenances as subsidiary parts of the
8248	8248	district's sewerage system to preserve the quality of water within
8249	8249	or controlled by the district.
8250	8250	[Sections 8270.158-8270.200 reserved for expansion]
8251	8251	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
8252	8252	Sec. 8270.201 [9013.201]. TAX METHOD. (a) The board shall
8253	8253	use the ad valorem plan of taxation.
8254	8254	(b) The board is not required to hold a hearing on the
8255	8255	adoption of a plan of taxation.
8256	8256	Sec. 8270.202 [9013.202]. DISTRICT ACCOUNTS. The district
8257	8257	shall keep a complete system of the district's accounts.
8258	8258	Sec. 8270.203 [9013.203]. COPY OF AUDIT REPORT. A copy of
8259	8259	the audit report prepared under Subchapter G, Chapter 49, Water
8260	8260	Code, shall be delivered:
8261	8261	(1) to each director; and
8262	8262	(2) on request to a holder of at least 25 percent of
8263	8263	the outstanding bonds of the district.
8264	8264	Sec. 8270.204 [9013.204]. PAYMENT OF TAX OR ASSESSMENT NOT
8265	8265	REQUIRED. The district is not required to pay a tax or assessment
8266	8266	on:
8267	8267	(1) district property; or
8268	8268	(2) a purchase made by the district.
8269	8269	Sec. 8270.205 [9013.205]. [DIRECTOR AS SHAREHOLDER IN]
8270	8270	DEPOSITORY. (a) The board shall select one or more banks in this
8271	8271	state to act as depository for the district's funds.
8272	8272	(b) To the extent that funds in the depository bank are not
8273	8273	insured by the Federal Deposit Insurance Corporation, the funds
8274	8274	must be secured in the manner provided by law for the security of
8275	8275	county funds.
8276	8276	(c) A director may be a shareholder in a depository of
8277	8277	district funds.
8278	8278	[Sections 8270.206-8270.250 reserved for expansion]
8279	8279	SUBCHAPTER F. BONDS
8280	8280	Sec. 8270.251 [9013.251]. ISSUANCE OF BONDS. (a) The
8281	8281	district may issue bonds payable from taxes or revenue to provide
8282	8282	money for any purpose of this chapter, including the acquisition of
8283	8283	land.
8284	8284	(b) The district must issue bonds in the manner provided by
8285	8285	Chapters 49 and 54 [51], Water Code, except that the district may
8286	8286	issue bonds payable solely from net revenue by resolution or order
8287	8287	of the board without an election.
8288	8288	(c) Bonds issued under this subchapter may be payable from
8289	8289	all or any designated part of the revenue of district property and
8290	8290	facilities or under a specific contract, as provided in the order or
8291	8291	resolution authorizing the issuance of bonds.
8292	8292	Sec. 8270.252 [9013.252]. ADDITIONAL SECURITY. (a) Within
8293	8293	the discretion of the board, bonds issued under this subchapter may
8294	8294	be additionally secured by a deed of trust or mortgage lien on
8295	8295	physical property of the district and franchises, easements, water
8296	8296	rights and appropriation permits, leases, contracts, and all rights
8297	8297	appurtenant to that property, vesting in the trustee the power to:
8298	8298	(1) sell the property for payment of the debt;
8299	8299	(2) operate the property; and
8300	8300	(3) take any other action to secure the bonds.
8301	8301	(b) A purchaser under a sale under the deed of trust or
8302	8302	mortgage lien of the property:
8303	8303	(1) is the absolute owner of the property, facilities,
8304	8304	and rights purchased; and
8305	8305	(2) may maintain and operate the property and
8306	8306	facilities.
8307	8307	Sec. 8270.253 [9013.253]. TRUST INDENTURE. A trust
8308	8308	indenture created under Section 8270.252 [9013.252], regardless of
8309	8309	the existence of a deed of trust or mortgage lien on the property,
8310	8310	may:
8311	8311	(1) provide for the security of the bonds and the
8312	8312	preservation of the trust estate in the manner prescribed by the
8313	8313	board;
8314	8314	(2) provide for amendment or modification of the trust
8315	8315	indenture;
8316	8316	(3) provide for the issuance of bonds to replace lost
8317	8317	or mutilated bonds;
8318	8318	(4) condition the right to spend district money or
8319	8319	sell district property on the approval of a licensed engineer
8320	8320	selected as provided by the trust indenture; and
8321	8321	(5) provide for the investment of district money.
8322	8322	Sec. 8270.254 [9013.254]. ORDER OR RESOLUTION AUTHORIZING
8323	8323	ISSUANCE OF CERTAIN BONDS. (a) In an order or resolution
8324	8324	authorizing the issuance of revenue, tax-revenue, revenue
8325	8325	refunding, or tax-revenue refunding bonds, the board may:
8326	8326	(1) provide for:
8327	8327	(A) the flow of funds; and
8328	8328	(B) the establishment and maintenance of the
8329	8329	interest and sinking fund, reserve fund, or other fund;
8330	8330	(2) make additional covenants with respect to the
8331	8331	bonds and the pledged revenue and the operation and maintenance of
8332	8332	the improvements and facilities the revenue of which is pledged,
8333	8333	which may include provisions for the operation or leasing of all or
8334	8334	part of the improvements and facilities and the use or pledge of
8335	8335	money received from the operation contract or lease as the board
8336	8336	considers appropriate;
8337	8337	(3) prohibit the further issuance of bonds or other
8338	8338	obligations payable from the pledged revenue or reserve the right
8339	8339	to issue additional bonds to be secured by a pledge of and payable
8340	8340	from the revenue on a parity with, or subordinate to, the lien and
8341	8341	pledge in support of the bonds being issued, subject to any
8342	8342	conditions set forth in the order or resolution; and
8343	8343	(4) include any other provision or covenant not
8344	8344	prohibited by the Texas Constitution or this chapter.
8345	8345	(b) The board may adopt and execute any other proceeding or
8346	8346	instrument necessary or convenient in the issuance of the bonds.
8347	8347	Sec. 8270.255. USE OF BOND PROCEEDS DURING CONSTRUCTION.
8348	8348	(a) The district may appropriate or set aside out of the proceeds
8349	8349	from the sale of any bonds issued under this subchapter an amount
8350	8350	for the payment of interest, administrative, and operating expenses
8351	8351	expected to accrue during a period of construction, as may be
8352	8352	provided in the bond orders or resolutions.
8353	8353	(b) For purposes of this section, the period of construction
8354	8354	may not exceed three years.
8355	8355	Sec. 8270.256. REFUNDING BONDS. (a) By order or resolution
8356	8356	adopted by the board, the district may issue revenue refunding
8357	8357	bonds or tax-revenue refunding bonds to refund revenue bonds or
8358	8358	tax-revenue bonds, whether original bonds or refunding bonds,
8359	8359	previously issued by the district.
8360	8360	(b) The comptroller shall register the refunding bonds on
8361	8361	the surrender and cancellation of the bonds to be refunded.
8362	8362	(c) Instead of issuing bonds to be registered on the
8363	8363	surrender and cancellation of the bonds to be refunded, the
8364	8364	district, in the order or resolution authorizing the issuance of
8365	8365	the refunding bonds, may provide for the sale of the refunding bonds
8366	8366	and the deposit of the proceeds in the place or places where the
8367	8367	bonds to be refunded are payable. In that case, the refunding bonds
8368	8368	may be issued if an amount sufficient to pay the principal of and
8369	8369	interest on the bonds to be refunded to their maturity dates, or to
8370	8370	their option dates if according to their terms the bonds have been
8371	8371	called for payment before maturity, has been deposited in the place
8372	8372	or places where the bonds to be refunded are payable, and the
8373	8373	comptroller shall register the refunding bonds without the
8374	8374	surrender and cancellation of the bonds to be refunded.
8375	8375	ARTICLE 22. CHANGES RELATING TO TAX CODE
8376	8376	SECTION 22.001. Section 11.18(d), Tax Code, as amended by
8377	8377	Chapters 1034 (H.B. 1742) and 1341 (S.B. 1908), Acts of the 80th
8378	8378	Legislature, Regular Session, 2007, is reenacted and amended to
8379	8379	read as follows:
8380	8380	(d) A charitable organization must be organized exclusively
8381	8381	to perform religious, charitable, scientific, literary, or
8382	8382	educational purposes and, except as permitted by Subsections (h)
8383	8383	and (l), engage exclusively in performing one or more of the
8384	8384	following charitable functions:
8385	8385	(1) providing medical care without regard to the
8386	8386	beneficiaries' ability to pay, which in the case of a nonprofit
8387	8387	hospital or hospital system means providing charity care and
8388	8388	community benefits in accordance with Section 11.1801;
8389	8389	(2) providing support or relief to orphans,
8390	8390	delinquent, dependent, or handicapped children in need of
8391	8391	residential care, abused or battered spouses or children in need of
8392	8392	temporary shelter, the impoverished, or victims of natural disaster
8393	8393	without regard to the beneficiaries' ability to pay;
8394	8394	(3) providing support to elderly persons, including
8395	8395	the provision of recreational or social activities and facilities
8396	8396	designed to address the special needs of elderly persons, or to the
8397	8397	handicapped, without regard to the beneficiaries' ability to pay;
8398	8398	(4) preserving a historical landmark or site;
8399	8399	(5) promoting or operating a museum, zoo, library,
8400	8400	theater of the dramatic or performing arts, or symphony orchestra
8401	8401	or choir;
8402	8402	(6) promoting or providing humane treatment of
8403	8403	animals;
8404	8404	(7) acquiring, storing, transporting, selling, or
8405	8405	distributing water for public use;
8406	8406	(8) answering fire alarms and extinguishing fires with
8407	8407	no compensation or only nominal compensation to the members of the
8408	8408	organization;
8409	8409	(9) promoting the athletic development of boys or
8410	8410	girls under the age of 18 years;
8411	8411	(10) preserving or conserving wildlife;
8412	8412	(11) promoting educational development through loans
8413	8413	or scholarships to students;
8414	8414	(12) providing halfway house services pursuant to a
8415	8415	certification as a halfway house by the parole [pardons and
8416	8416	paroles] division of the Texas Department of Criminal Justice;
8417	8417	(13) providing permanent housing and related social,
8418	8418	health care, and educational facilities for persons who are 62
8419	8419	years of age or older without regard to the residents' ability to
8420	8420	pay;
8421	8421	(14) promoting or operating an art gallery, museum, or
8422	8422	collection, in a permanent location or on tour, that is open to the
8423	8423	public;
8424	8424	(15) providing for the organized solicitation and
8425	8425	collection for distributions through gifts, grants, and agreements
8426	8426	to nonprofit charitable, education, religious, and youth
8427	8427	organizations that provide direct human, health, and welfare
8428	8428	services;
8429	8429	(16) performing biomedical or scientific research or
8430	8430	biomedical or scientific education for the benefit of the public;
8431	8431	(17) operating a television station that produces or
8432	8432	broadcasts educational, cultural, or other public interest
8433	8433	programming and that receives grants from the Corporation for
8434	8434	Public Broadcasting under 47 U.S.C. Section 396, as amended;
8435	8435	(18) providing housing for low-income and
8436	8436	moderate-income families, for unmarried individuals 62 years of age
8437	8437	or older, for handicapped individuals, and for families displaced
8438	8438	by urban renewal, through the use of trust assets that are
8439	8439	irrevocably and, pursuant to a contract entered into before
8440	8440	December 31, 1972, contractually dedicated on the sale or
8441	8441	disposition of the housing to a charitable organization that
8442	8442	performs charitable functions described by Subdivision (9);
8443	8443	(19) providing housing and related services to persons
8444	8444	who are 62 years of age or older in a retirement community, if the
8445	8445	retirement community provides independent living services,
8446	8446	assisted living services, and nursing services to its residents on
8447	8447	a single campus:
8448	8448	(A) without regard to the residents' ability to
8449	8449	pay; or
8450	8450	(B) in which at least four percent of the
8451	8451	retirement community's combined net resident revenue is provided in
8452	8452	charitable care to its residents;
8453	8453	(20) providing housing on a cooperative basis to
8454	8454	students of an institution of higher education if:
8455	8455	(A) the organization is exempt from federal
8456	8456	income taxation under Section 501(a), Internal Revenue Code of
8457	8457	1986, as amended, by being listed as an exempt entity under Section
8458	8458	501(c)(3) of that code;
8459	8459	(B) membership in the organization is open to all
8460	8460	students enrolled in the institution and is not limited to those
8461	8461	chosen by current members of the organization;
8462	8462	(C) the organization is governed by its members;
8463	8463	and
8464	8464	(D) the members of the organization share the
8465	8465	responsibility for managing the housing;
8466	8466	(21) acquiring, holding, and transferring unimproved
8467	8467	real property under an urban land bank demonstration program
8468	8468	established under Chapter 379C, Local Government Code, as or on
8469	8469	behalf of a land bank; or
8470	8470	(22) acquiring, holding, and transferring unimproved
8471	8471	real property under an urban land bank program established under
8472	8472	Chapter 379E, Local Government Code, as or on behalf of a land bank.
8473	8473	SECTION 22.002. Section 11.18(o), Tax Code, as added by
8474	8474	Chapters 1034 (H.B. 1742) and 1341 (S.B. 1908), Acts of the 80th
8475	8475	Legislature, Regular Session, 2007, is reenacted and amended to
8476	8476	read as follows:
8477	8477	(o) For purposes of Subsection (a)(2), real property
8478	8478	acquired, held, and transferred by an organization that performs
8479	8479	the function described by Subsection (d)(21) or (22) is considered
8480	8480	to be used exclusively by the qualified charitable organization to
8481	8481	perform that function.
8482	8482	SECTION 22.003. Section 25.025(a), Tax Code, as amended by
8483	8483	Chapters 594 (H.B. 41), 621 (H.B. 455), and 851 (H.B. 1141), Acts of
8484	8484	the 80th Legislature, Regular Session, 2007, is reenacted and
8485	8485	amended to read as follows:
8486	8486	(a) This section applies only to:
8487	8487	(1) a current or former peace officer as defined by
8488	8488	Article 2.12, Code of Criminal Procedure;
8489	8489	(2) a county jailer as defined by Section 1701.001,
8490	8490	Occupations Code;
8491	8491	(3) an employee of the Texas Department of Criminal
8492	8492	Justice;
8493	8493	(4) a commissioned security officer as defined by
8494	8494	Section 1702.002, Occupations Code;
8495	8495	(5) a victim of family violence as defined by Section
8496	8496	71.004, Family Code, if as a result of the act of family violence
8497	8497	against the victim, the actor is convicted of a felony or a Class A
8498	8498	misdemeanor; [and]
8499	8499	(6) a federal judge or state judge;
8500	8500	(7) [(6)] a current or former employee of a district
8501	8501	attorney, criminal district attorney, or county or municipal
8502	8502	attorney whose jurisdiction includes any criminal law or child
8503	8503	protective services matters; and
8504	8504	(8) [(6)] an officer or employee of a community
8505	8505	supervision and corrections department established under Chapter
8506	8506	76, Government Code, who performs a duty described by Section
8507	8507	76.004(b) of that code.
8508	8508	SECTION 22.004. Section 25.07(b), Tax Code, as amended by
8509	8509	Chapters 609 (H.B. 387), 885 (H.B. 2278), and 1169 (H.B. 316), Acts
8510	8510	of the 80th Legislature, Regular Session, 2007, is reenacted and
8511	8511	amended to read as follows:
8512	8512	(b) Except as provided by Sections 11.11(b) and (c), a
8513	8513	leasehold or other possessory interest in exempt property may not
8514	8514	be listed if:
8515	8515	(1) the property is permanent university fund land;
8516	8516	(2) the property is county public school fund
8517	8517	agricultural land;
8518	8518	(3) the property is a part of a public transportation
8519	8519	facility owned by a municipality or county and:
8520	8520	(A) is an airport passenger terminal building or
8521	8521	a building used primarily for maintenance of aircraft or other
8522	8522	aircraft services, for aircraft equipment storage, or for air
8523	8523	cargo;
8524	8524	(B) is an airport fueling system facility;
8525	8525	(C) is in a foreign-trade zone:
8526	8526	(i) that has been granted to a joint airport
8527	8527	board under Subchapter C, Chapter 681, Business & Commerce Code;
8528	8528	(ii) the area of which in the portion of the
8529	8529	zone located in the airport operated by the joint airport board does
8530	8530	not exceed 2,500 acres; and
8531	8531	(iii) that is established and operating
8532	8532	pursuant to federal law; or
8533	8533	(D)(i) is in a foreign trade zone established
8534	8534	pursuant to federal law after June 1, 1991, that [which] operates
8535	8535	pursuant to federal law;
8536	8536	(ii) is contiguous to or has access via a
8537	8537	taxiway to an airport located in two counties, one of which has a
8538	8538	population of 500,000 or more according to the federal decennial
8539	8539	census most recently preceding the establishment of the foreign
8540	8540	trade zone; and
8541	8541	(iii) is owned, directly or through a
8542	8542	corporation organized under the Development Corporation Act
8543	8543	(Subtitle C1, Title 12, Local Government Code), by the same
8544	8544	municipality that [which] owns the airport;
8545	8545	(4) the interest is in a part of:
8546	8546	(A) a park, market, fairground, or similar public
8547	8547	facility that is owned by a municipality; or
8548	8548	(B) a convention center, visitor center, sports
8549	8549	facility with permanent seating, concert hall, arena, or stadium
8550	8550	that is owned by a municipality as such leasehold or possessory
8551	8551	interest serves a governmental, municipal, or public purpose or
8552	8552	function when the facility is open to the public, regardless of
8553	8553	whether a fee is charged for admission;
8554	8554	(5) the interest involves only the right to use the
8555	8555	property for grazing or other agricultural purposes; [or]
8556	8556	(6) the property is:
8557	8557	(A) owned by a municipality, a public port, or a
8558	8558	navigation district created or operating under Section 59, Article
8559	8559	XVI, Texas Constitution, or under a statute enacted under Section
8560	8560	59, Article XVI, Texas Constitution; and
8561	8561	(B) used as an aid or facility incidental to or
8562	8562	useful in the operation or development of a port or waterway or in
8563	8563	aid of navigation-related commerce; or
8564	8564	(7) [(8)] the property is part of a rail facility
8565	8565	owned by a rural rail transportation district created or operating
8566	8566	under Chapter 623, Acts of the 67th Legislature, Regular Session,
8567	8567	1981 (Article 6550c, Vernon's Texas Civil Statutes).
8568	8568	SECTION 22.005. Section 26.06(d), Tax Code, as amended by
8569	8569	Chapters 1105 (H.B. 3495) and 1112 (H.B. 3630), Acts of the 80th
8570	8570	Legislature, Regular Session, 2007, is reenacted to read as
8571	8571	follows:
8572	8572	(d) At the public hearings the governing body shall announce
8573	8573	the date, time, and place of the meeting at which it will vote on the
8574	8574	proposed tax rate. After each hearing the governing body shall give
8575	8575	notice of the meeting at which it will vote on the proposed tax rate
8576	8576	and the notice shall be in the same form as prescribed by
8577	8577	Subsections (b) and (c), except that it must state the following:
8578	8578	"NOTICE OF TAX REVENUE INCREASE
8579	8579	"The (name of the taxing unit) conducted public hearings on
8580	8580	(date of first hearing) and (date of second hearing) on a proposal
8581	8581	to increase the total tax revenues of the (name of the taxing unit)
8582	8582	from properties on the tax roll in the preceding year by (percentage
8583	8583	by which proposed tax rate exceeds lower of rollback tax rate or
8584	8584	effective tax rate calculated under this chapter) percent.
8585	8585	"The total tax revenue proposed to be raised last year at last
8586	8586	year's tax rate of (insert tax rate for the preceding year) for each
8587	8587	$100 of taxable value was (insert total amount of taxes imposed in
8588	8588	the preceding year).
8589	8589	"The total tax revenue proposed to be raised this year at the
8590	8590	proposed tax rate of (insert proposed tax rate) for each $100 of
8591	8591	taxable value, excluding tax revenue to be raised from new property
8592	8592	added to the tax roll this year, is (insert amount computed by
8593	8593	multiplying proposed tax rate by the difference between current
8594	8594	total value and new property value).
8595	8595	"The total tax revenue proposed to be raised this year at the
8596	8596	proposed tax rate of (insert proposed tax rate) for each $100 of
8597	8597	taxable value, including tax revenue to be raised from new property
8598	8598	added to the tax roll this year, is (insert amount computed by
8599	8599	multiplying proposed tax rate by current total value).
8600	8600	"The (governing body of the taxing unit) is scheduled to vote
8601	8601	on the tax rate that will result in that tax increase at a public
8602	8602	meeting to be held on (date of meeting) at (location of meeting,
8603	8603	including mailing address) at (time of meeting)."
8604	8604	SECTION 22.006. Section 32.06(a-1), Tax Code, as amended by
8605	8605	Chapters 1220 (H.B. 2138) and 1329 (S.B. 1520), Acts of the 80th
8606	8606	Legislature, Regular Session, 2007, is reenacted and amended to
8607	8607	read as follows:
8608	8608	(a-1) A person may authorize another person to pay the taxes
8609	8609	imposed by a taxing unit on the person's real property by filing
8610	8610	with the collector for the unit:
8611	8611	(1) a sworn document stating:
8612	8612	(A) the authorization;
8613	8613	(B) the name and street address of the transferee
8614	8614	authorized to pay the taxes of the property owner;
8615	8615	(C) a description of the property by street
8616	8616	address, if applicable, and legal description; and
8617	8617	(D) [(4)] notice has been given to the property
8618	8618	owner that if the property owner is [they are] age 65 or disabled,
8619	8619	the property owner [they] may be eligible for a tax deferral under
8620	8620	Section 33.06; and
8621	8621	(2) the information required by Section 351.054,
8622	8622	Finance Code.
8623	8623	SECTION 22.007. Section 32.065(d), Tax Code, as amended by
8624	8624	Chapters 1220 (H.B. 2138) and 1329 (S.B. 1520), Acts of the 80th
8625	8625	Legislature, Regular Session, 2007, is reenacted to read as
8626	8626	follows:
8627	8627	(d) Chapters 342 and 346, Finance Code, and the provisions
8628	8628	of Chapter 343, Finance Code, other than Sections 343.203 and
8629	8629	343.205, do not apply to a transaction covered by this section.
8630	8630	SECTION 22.008. Section 352.002(a), Tax Code, as amended by
8631	8631	Chapters 24 (S.B. 213), 1031 (H.B. 1669), and 1359 (H.B. 1820), Acts
8632	8632	of the 80th Legislature, Regular Session, 2007, is reenacted and
8633	8633	amended to read as follows:
8634	8634	(a) The commissioners courts of the following counties by
8635	8635	the adoption of an order or resolution may impose a tax on a person
8636	8636	who, under a lease, concession, permit, right of access, license,
8637	8637	contract, or agreement, pays for the use or possession or for the
8638	8638	right to the use or possession of a room that is in a hotel, costs $2
8639	8639	or more each day, and is ordinarily used for sleeping:
8640	8640	(1) a county that has a population of more than 3.3
8641	8641	million;
8642	8642	(2) a county that has a population of 90,000 or more,
8643	8643	borders the United Mexican States, and does not have three or more
8644	8644	cities that each have a population of more than 17,500;
8645	8645	(3) a county in which there is no municipality;
8646	8646	(4) a county in which there is located an Indian
8647	8647	reservation under the jurisdiction of the United States government;
8648	8648	(5) a county that has a population of 30,000 or less,
8649	8649	that has no more than one municipality with a population of less
8650	8650	than 2,500, and that borders two counties located wholly in the
8651	8651	Edwards Aquifer Authority established by Chapter 626, Acts of the
8652	8652	73rd Legislature, Regular Session, 1993;
8653	8653	(6) a county that borders the Gulf of Mexico;
8654	8654	(7) a county that has a population of less than 5,000,
8655	8655	that borders the United Mexican States, and in which there is
8656	8656	located a major observatory;
8657	8657	(8) a county that has a population of 12,000 or less
8658	8658	and borders the Toledo Bend Reservoir;
8659	8659	(9) a county that has a population of less than 12,000
8660	8660	and an area of less than 275 square miles;
8661	8661	(10) a county that has a population of 30,000 or less
8662	8662	and borders Possum Kingdom Lake;
8663	8663	(11) a county that borders the United Mexican States
8664	8664	and has a population of more than 300,000 and less than 600,000;
8665	8665	(12) a county that has a population of 35,000 or more
8666	8666	and borders or contains a portion of Lake Fork Reservoir;
8667	8667	(13) a county that borders the United Mexican States
8668	8668	and in which there is located a national recreation area;
8669	8669	(14) a county that borders the United Mexican States
8670	8670	and in which there is located a national park of more than 400,000
8671	8671	acres;
8672	8672	(15) a county that has a population of 28,000 or less,
8673	8673	that has no more than four municipalities, and that is located
8674	8674	wholly in the Edwards Aquifer Authority established by Chapter 626,
8675	8675	Acts of the 73rd Legislature, Regular Session, 1993;
8676	8676	(16) a county that has a population of 25,000 or less,
8677	8677	whose territory is less than 750 square miles, and that has two
8678	8678	incorporated municipalities, each with a population of 800 or less,
8679	8679	located on the Frio River;
8680	8680	(17) a county that has a population of 34,000 or more
8681	8681	and borders Lake Buchanan;
8682	8682	(18) a county that has a population of more than 45,000
8683	8683	and less than 75,000, that borders the United Mexican States, and
8684	8684	that borders or contains a portion of Falcon Lake;
8685	8685	(19) a county with a population of 21,000 or less that
8686	8686	borders the Neches River and in which there is located a national
8687	8687	preserve;
8688	8688	(20) a county that has a population of 22,500 or less
8689	8689	and that borders or contains a portion of Lake Livingston;
8690	8690	(21) a county that has a population of less than 22,000
8691	8691	and in which the birthplace of a president of the United States is
8692	8692	located;
8693	8693	(22) a county that has a population of more than 15,000
8694	8694	but less than 20,000 and borders Lake Buchanan; [and]
8695	8695	(23) a county with a population of less than 10,000
8696	8696	that is bordered by the Sulphur River;
8697	8697	(24) [(22)] a county that has a population of 16,000
8698	8698	or more and borders the entire north shore of Lake Somerville;
8699	8699	(25) [(23)] a county that has a population of 20,000
8700	8700	or less and that is bordered by the Brazos and Navasota Rivers;
8701	8701	(26) [(24)] a county that has a population of more
8702	8702	than 15,000 and less than 25,000 and is located on the Trinity and
8703	8703	Navasota Rivers; [and]
8704	8704	(27) [(25)] a county that has a population of less
8705	8705	than 15,000 and that is bordered by the Trinity and Navasota Rivers;
8706	8706	(28) [(22)] a county that borders or contains a
8707	8707	portion of the Neches River, the Sabine River, and Sabine Lake; and
8708	8708	(29) [(23)] a county that borders Whitney Lake.
8709	8709	SECTION 22.009. Section 352.002(d), Tax Code, as amended by
8710	8710	Chapters 24 (S.B. 213) and 1359 (H.B. 1820), Acts of the 80th
8711	8711	Legislature, Regular Session, 2007, is reenacted and amended to
8712	8712	read as follows:
8713	8713	(d) The tax imposed by a county authorized by Subsection
8714	8714	(a)(4), (6), (8), (9), (10), (11), (12), (17), (19), (20), (21),
8715	8715	[or] (23), or (29) to impose the tax does not apply to a hotel
8716	8716	located in a municipality that imposes a tax under Chapter 351
8717	8717	applicable to the hotel. This subsection does not apply to:
8718	8718	(1) a county authorized by Subsection (a)(6) to impose
8719	8719	the tax that:
8720	8720	(A) has a population of less than 40,000 and
8721	8721	adjoins the most populous county in this state; or
8722	8722	(B) has a population of more than 200,000 and
8723	8723	borders the Neches River; or
8724	8724	(2) a county authorized by Subsection (a)(9) to impose
8725	8725	the tax that has a population of more than 9,000.
8726	8726	SECTION 22.010. Section 352.002(f), Tax Code, as added by
8727	8727	Chapter 749 (H.B. 3132), Acts of the 80th Legislature, Regular
8728	8728	Session, 2007, is relettered as Section 352.002(g), Tax Code.
8729	8729	SECTION 22.011. Section 352.003(h), Tax Code, as added by
8730	8730	Chapter 749 (H.B. 3132), Acts of the 80th Legislature, Regular
8731	8731	Session, 2007, is relettered as Section 352.003(i), Tax Code, and
8732	8732	amended to read as follows:
8733	8733	(i) [(h)] The tax rate in a county authorized to impose the
8734	8734	tax under Section 352.002(g) [352.002(f)] may not exceed two
8735	8735	percent of the price paid for a room in a hotel. This subsection
8736	8736	expires September 1, 2015.
8737	8737	SECTION 22.012. Section 352.003(h), Tax Code, as added by
8738	8738	Chapter 1031 (H.B. 1669), Acts of the 80th Legislature, Regular
8739	8739	Session, 2007, is relettered as Section 352.003(j), Tax Code, and
8740	8740	amended to read as follows:
8741	8741	(j) [(h)] The tax rate in a county authorized to impose the
8742	8742	tax under Section 352.002(a)(24), [352.002(a)(22), (23), (24), or]
8743	8743	(25), (26), or (27) may not exceed two percent of the price paid for
8744	8744	a room in a hotel.
8745	8745	SECTION 22.013. Section 352.003(h), Tax Code, as added by
8746	8746	Chapter 1359 (H.B. 1820), Acts of the 80th Legislature, Regular
8747	8747	Session, 2007, is relettered as Section 352.003(k), Tax Code, and
8748	8748	amended to read as follows:
8749	8749	(k) [(h)] The tax rate in a county authorized to impose the
8750	8750	tax under Section 352.002(a)(28) [352.002(a)(22)] may not exceed
8751	8751	two percent of the price paid for a room in a hotel.
8752	8752	SECTION 22.014. Section 352.1034(a), Tax Code, as added by
8753	8753	Chapter 749 (H.B. 3132), Acts of the 80th Legislature, Regular
8754	8754	Session, 2007, is amended to read as follows:
8755	8755	(a) This section applies only to a county authorized to
8756	8756	impose a tax by Section 352.002(g) [352.002(f)].
8757	8757	SECTION 22.015. Section 352.1034, Tax Code, as added by
8758	8758	Chapter 1359 (H.B. 1820), Acts of the 80th Legislature, Regular
8759	8759	Session, 2007, is renumbered as Section 352.1035, Tax Code, and
8760	8760	amended to read as follows:
8761	8761	Sec. 352.1035 [352.1034]. CERTAIN COUNTIES BORDERING
8762	8762	WHITNEY LAKE. The revenue from a tax imposed under this chapter by
8763	8763	a county authorized to impose the tax by Section 352.002(a)(29)
8764	8764	[352.002(a)(23)] may be used only for the purpose described in
8765	8765	Section 352.101(a)(3) and only in relation to unincorporated areas
8766	8766	of the county.
8767	8767	ARTICLE 23. CHANGES RELATING TO TRANSPORTATION CODE
8768	8768	SECTION 23.001. Section 203.002, Transportation Code, is
8769	8769	amended to remove unnecessary subsection lettering to read as
8770	8770	follows:
8771	8771	Sec. 203.002. MODERN STATE HIGHWAY SYSTEM. [(a)] To
8772	8772	promote public safety, facilitate the movement of traffic, preserve
8773	8773	the public's financial investment in highways, promote the national
8774	8774	defense, and accomplish the purposes of this chapter, the
8775	8775	commission may:
8776	8776	(1) lay out, construct, maintain, and operate a modern
8777	8777	state highway system, with emphasis on the construction of
8778	8778	controlled access highways;
8779	8779	(2) plan for future highways; and
8780	8780	(3) convert where necessary an existing street, road,
8781	8781	or highway into a controlled access highway in accordance with
8782	8782	modern standards of speed and safety.
8783	8783	SECTION 23.002. Section 361.308, Transportation Code, is
8784	8784	transferred to Subchapter A, Chapter 228, Transportation Code, and
8785	8785	redesignated as Section 228.0031, Transportation Code, to read as
8786	8786	follows:
8787	8787	Sec. 228.0031 [361.308]. AGREEMENTS WITH LOCAL GOVERNMENTS.
8788	8788	(a) In this section, "local government" means a:
8789	8789	(1) county, municipality, special district, or other
8790	8790	political subdivision of this state;
8791	8791	(2) local government corporation created under
8792	8792	Subchapter D, Chapter 431; or
8793	8793	(3) combination of two or more entities described by
8794	8794	Subdivision (1) or (2).
8795	8795	(b) A local government may enter into an agreement with the
8796	8796	department or a private entity under which the local government
8797	8797	assists in the financing of the construction, maintenance, and
8798	8798	operation of a turnpike project located in the government's
8799	8799	jurisdiction in return for a percentage of the revenue from the
8800	8800	project.
8801	8801	(c) A local government may use any revenue available for
8802	8802	road purposes, including bond and tax proceeds, to provide
8803	8803	financing under Subsection (b).
8804	8804	(d) An agreement under this section between a local
8805	8805	government and a private entity must be approved by the department.
8806	8806	(e) Revenue received by a local government under an
8807	8807	agreement under this section must be used for transportation
8808	8808	purposes.
8809	8809	SECTION 23.003. Chapter 361, Transportation Code, is
8810	8810	repealed.
8811	8811	SECTION 23.004. Chapter 371, Transportation Code, as added
8812	8812	by Chapters 103 (H.B. 570) and 258 (S.B. 11), Acts of the 80th
8813	8813	Legislature, Regular Session, 2007, is reenacted, redesignated as
8814	8814	Chapter 372, Transportation Code, and amended to read as follows:
8815	8815	CHAPTER 372 [371]. PROVISIONS APPLICABLE TO MORE THAN ONE TYPE OF
8816	8816	TOLL PROJECT
8817	8817	SUBCHAPTER A. GENERAL PROVISIONS
8818	8818	Sec. 372.001 [371.001]. DEFINITIONS. In this chapter:
8819	8819	(1) "Toll project" means a toll project described by
8820	8820	Section 201.001(b), regardless of whether the toll project:
8821	8821	(A) is a part of the state highway system; or
8822	8822	(B) is subject to the jurisdiction of the
8823	8823	department.
8824	8824	(2) "Toll project entity" means an entity authorized
8825	8825	by law to acquire, design, construct, finance, operate, and
8826	8826	maintain a toll project, including:
8827	8827	(A) the department under Chapter 227 or 228;
8828	8828	(B) a regional tollway authority under Chapter
8829	8829	366;
8830	8830	(C) a regional mobility authority under Chapter
8831	8831	370; or
8832	8832	(D) a county under Chapter 284.
8833	8833	SUBCHAPTER B. TOLL PROJECT OPERATION
8834	8834	Sec. 372.051 [371.051]. USE OF MOTOR VEHICLE REGISTRATION
8835	8835	OR LICENSE PLATE INFORMATION. (a) A toll project entity may not
8836	8836	use motor vehicle registration or other information derived from a
8837	8837	license plate on a vehicle using a toll project, including
8838	8838	information obtained by the use of automated enforcement technology
8839	8839	described by Section 228.058, for purposes other than those related
8840	8840	to:
8841	8841	(1) toll collection and toll collection enforcement;
8842	8842	and
8843	8843	(2) law enforcement purposes on request by a law
8844	8844	enforcement agency [, subject to Section 228.058(d)].
8845	8845	(b) If a toll project entity enters into an agreement with
8846	8846	an entity in another state that involves the exchange of motor
8847	8847	vehicle registration or license plate information for toll
8848	8848	collection or toll collection enforcement purposes, the agreement
8849	8849	must provide that the information may not be used for purposes other
8850	8850	than those described in Subsection (a).
8851	8851	Sec. 372.052 [371.001]. VEHICLES USED BY NONPROFIT DISASTER
8852	8852	RELIEF ORGANIZATIONS. [(a) In this section:
8853	8853	[(1) "Toll project" means a toll project described by
8854	8854	Section 201.001(b), regardless of whether the toll project is:
8855	8855	[(A) a part of the state highway system; or
8856	8856	[(B) subject to the jurisdiction of the
8857	8857	department.
8858	8858	[(2) "Toll project entity" means an entity authorized
8859	8859	by law to acquire, design, construct, finance, operate, and
8860	8860	maintain a toll project, including:
8861	8861	[(A) the department under Chapter 227 or 228;
8862	8862	[(B) a regional tollway authority under Chapter
8863	8863	366;
8864	8864	[(C) a regional mobility authority under Chapter
8865	8865	370; or
8866	8866	[(D) a county under Chapter 284.
8867	8867	[(b)] A toll project entity may not require a vehicle
8868	8868	registered under Section 502.203 to pay a toll for the use of a toll
8869	8869	project.
8870	8870	SECTION 23.005. Section 460.302(f), Transportation Code,
8871	8871	is amended to correct a reference to read as follows:
8872	8872	(f) In this section, "dedicated or special-purpose sales
8873	8873	and use tax" means a tax referred to or described by:
8874	8874	(1) Chapter 504 or 505, Local Government Code [Section
8875	8875	4A or 4B, Development Corporation Act of 1979 (Article 5190.6,
8876	8876	Vernon's Texas Civil Statutes)];
8877	8877	(2) Section 379A.081, Local Government Code;
8878	8878	(3) Section 363.055, Local Government Code; or
8879	8879	(4) Section 327.003, Tax Code.
8880	8880	SECTION 23.006. Section 522.051(a), Transportation Code,
8881	8881	as amended by Chapters 37 (H.B. 84) and 1319 (S.B. 1260), Acts of
8882	8882	the 80th Legislature, Regular Session, 2007, is reenacted and
8883	8883	amended to read as follows:
8884	8884	(a) Except as provided by Subsection (f) and Sections
8885	8885	522.013(e), [and] 522.033, and 522.054, an original commercial
8886	8886	driver's license or commercial driver learner's permit expires five
8887	8887	years after the applicant's next birthday.
8888	8888	SECTION 23.007. Section 550.081, Transportation Code, as
8889	8889	amended by Chapters 74 (H.B. 423) and 1407 (S.B. 766), Acts of the
8890	8890	80th Legislature, Regular Session, 2007, is reenacted and amended
8891	8891	to read as follows:
8892	8892	Sec. 550.081. REPORT OF MEDICAL EXAMINER OR JUSTICE OF THE
8893	8893	PEACE. (a) In this section, "department" means the Texas
8894	8894	Department of Transportation.
8895	8895	(b) A medical examiner or justice of the peace acting as
8896	8896	coroner in a county that does not have a medical examiner's office
8897	8897	or that is not part of a medical examiner's district shall submit a
8898	8898	report in writing to the department [Texas Department of
8899	8899	Transportation] of the death of a person that was the result of a
8900	8900	traffic accident to which this chapter applies and that occurred
8901	8901	within the jurisdiction of the medical examiner or justice of the
8902	8902	peace in the preceding calendar quarter.
8903	8903	(c) [(b)] The report must be submitted before the 11th day
8904	8904	of each calendar month and include:
8905	8905	(1) the name of the deceased and a statement as to
8906	8906	whether the deceased was:
8907	8907	(A) the operator of or a passenger in a vehicle
8908	8908	involved in the accident; or
8909	8909	(B) a pedestrian or other nonoccupant of a
8910	8910	vehicle;
8911	8911	(2) the date of the accident and the name of the county
8912	8912	in which the accident occurred;
8913	8913	(3) the name of any laboratory, medical examiner's
8914	8914	office, or other facility that conducted toxicological testing
8915	8915	relative to the deceased; and
8916	8916	(4) the results of any toxicological testing that was
8917	8917	conducted.
8918	8918	(d) [(c)] A report required by this section shall be sent
8919	8919	to:
8920	8920	(1) the crash records bureau of the department at its
8921	8921	headquarters in Austin; or
8922	8922	(2) any other office or bureau of the department that
8923	8923	the department designates.
8924	8924	(e) [(d)] If toxicological test results are not available
8925	8925	to the medical examiner or justice of the peace on the date a report
8926	8926	must be submitted, the medical examiner or justice shall:
8927	8927	(1) submit a report that includes the statement
8928	8928	"toxicological test results unavailable"; and
8929	8929	(2) submit a supplement to the report that contains
8930	8930	the information required by Subsections (c)(3) [(b)(3)] and (4) as
8931	8931	soon as practicable after the toxicological test results become
8932	8932	available.
8933	8933	(f) [(e)] The department shall prepare and when requested
8934	8934	supply to medical examiners' offices and justices of the peace the
8935	8935	forms necessary to make the reports required by this section.
8936	8936	SECTION 23.008. Section 642.001(6), Transportation Code,
8937	8937	is amended to correct a reference to read as follows:
8938	8938	(6) "Tow truck" has the meaning assigned that term by
8939	8939	Section 2308.002, Occupations Code [643.001].
8940	8940	SECTION 23.009. Section 644.101(b), Transportation Code,
8941	8941	as amended by Chapters 508 (S.B. 545), 702 (H.B. 2077), and 1030
8942	8942	(H.B. 1638), Acts of the 80th Legislature, Regular Session, 2007,
8943	8943	is reenacted and amended to read as follows:
8944	8944	(b) A police officer of any of the following municipalities
8945	8945	is eligible to apply for certification under this section:
8946	8946	(1) a municipality with a population of 50,000 or
8947	8947	more;
8948	8948	(2) a municipality with a population of 25,000 or more
8949	8949	any part of which is located in a county with a population of
8950	8950	500,000 or more;
8951	8951	(3) a municipality with a population of less than
8952	8952	25,000:
8953	8953	(A) any part of which is located in a county with
8954	8954	a population of 2.4 million; and
8955	8955	(B) that contains or is adjacent to an
8956	8956	international port;
8957	8957	(4) a municipality with a population of at least
8958	8958	34,000 that is located in a county that borders two or more states;
8959	8959	(5) a municipality any part of which is located in a
8960	8960	county bordering the United Mexican States; or
8961	8961	(6) a municipality with a population of less than
8962	8962	5,000 that is located:
8963	8963	(A) adjacent to a bay connected to the Gulf of
8964	8964	Mexico; and
8965	8965	(B) in a county adjacent to a county with a
8966	8966	population greater than 3.3 million.
8967	8967	ARTICLE 24. CHANGES RELATING TO WATER CODE
8968	8968	SECTION 24.001. Subdivision (15), Section 11.002, Water
8969	8969	Code, as added by Chapter 1352 (H.B. 4), Acts of the 80th
8970	8970	Legislature, Regular Session, 2007, is repealed.
8971	8971	SECTION 24.002. Section 11.152, Water Code, is amended to
8972	8972	add a heading and to correct a cross-reference to read as follows:
8973	8973	Sec. 11.152. ASSESSMENT OF EFFECTS OF PERMITS ON FISH AND
8974	8974	WILDLIFE HABITATS. In its consideration of an application for a
8975	8975	permit to store, take, or divert water in excess of 5,000 acre feet
8976	8976	per year, the commission shall assess the effects, if any, on the
8977	8977	issuance of the permit on fish and wildlife habitats and may require
8978	8978	the applicant to take reasonable actions to mitigate adverse
8979	8979	impacts on such habitat. In determining whether to require an
8980	8980	applicant to mitigate adverse impacts on a habitat, the commission
8981	8981	may consider any net benefit to the habitat produced by the project.
8982	8982	The commission shall offset against any mitigation required by the
8983	8983	U.S. Fish and Wildlife Service pursuant to 33 C.F.R. Parts
8984	8984	[Sections] 320-330 any mitigation authorized by this section.
8985	8985	SECTION 24.003. Section 11.504, Water Code, is amended to
8986	8986	add a heading to read as follows:
8987	8987	Sec. 11.504. APPLICABILITY TO CERTAIN MINING-RELATED
8988	8988	ACTIVITIES. This Act shall not apply to surface mining and
8989	8989	reclamation.
8990	8990	SECTION 24.004. Section 11.505, Water Code, is amended to
8991	8991	add a heading to read as follows:
8992	8992	Sec. 11.505. APPLICABILITY TO STATE REVOLVING LOAN FUND
8993	8993	PROGRAM. This Act shall not apply to the state revolving loan
8994	8994	fund program.
8995	8995	SECTION 24.005. Section 11.506, Water Code, is amended to
8996	8996	add a heading to read as follows:
8997	8997	Sec. 11.506. CONFLICT BETWEEN STATE AND FEDERAL LAW. If
8998	8998	the state definition conflicts with the federal definition in any
8999	8999	manner, the federal definition prevails.
9000	9000	SECTION 24.006. Section 49.271(c), Water Code, as amended
9001	9001	by Chapters 33 (S.B. 657) and 452 (H.B. 576), Acts of the 80th
9002	9002	Legislature, Regular Session, 2007, is reenacted to read as
9003	9003	follows:
9004	9004	(c) The district may adopt minimum criteria for the
9005	9005	qualifications of bidders on its construction contracts and for
9006	9006	sureties issuing payment and performance bonds. For construction
9007	9007	contracts over $50,000, the district shall require a person who
9008	9008	bids to submit a certified or cashier's check on a responsible bank
9009	9009	in the state equal to at least two percent of the total amount of the
9010	9010	bid, or a bid bond of at least two percent of the total amount of the
9011	9011	bid issued by a surety legally authorized to do business in this
9012	9012	state, as a good faith deposit to ensure execution of the contract.
9013	9013	Notwithstanding any criteria adopted under this subsection, for a
9014	9014	contract for more than $250,000, the district must accept a bid bond
9015	9015	in the amount required by the district as a bid deposit if the bid
9016	9016	bond meets the other requirements of this subsection. If the
9017	9017	successful bidder fails or refuses to enter into a proper contract
9018	9018	with the district, or fails or refuses to furnish the payment and
9019	9019	performance bonds required by law, the bidder forfeits the deposit.
9020	9020	The payment, performance, and bid bonding requirements of this
9021	9021	subsection do not apply to a contract for the purchase of equipment,
9022	9022	materials, or machinery not otherwise incorporated into a
9023	9023	construction project.
9024	9024	SECTION 24.007. Section 66.402, Water Code, is amended to
9025	9025	add a heading to read as follows:
9026	9026	Sec. 66.402. ORDER TO DISSOLVE DISTRICT. (a) After
9027	9027	considering the petition and the accompanying evidence, if the
9028	9028	commission finds that the work is completed according to the plan
9029	9029	and the facilities have been conveyed and that all bonds and other
9030	9030	indebtedness have been retired, the commission shall order the
9031	9031	district dissolved.
9032	9032	(b) If the commission finds that the work has not been
9033	9033	completed according to the plan, that all facilities have not been
9034	9034	conveyed, or that all bonds and other indebtedness have not been
9035	9035	retired, the commission shall issue an order that will ensure that
9036	9036	the work is completed by the district, all conveyances are made, and
9037	9037	all debt will be retired, and on compliance with this order shall
9038	9038	issue an order dissolving the district.
9039	9039	ARTICLE 25. CHANGES RELATING TO VARIOUS CODES TO UPDATE
9040	9040	REFERENCES TO OR CONCERNING THE TEXAS DEPARTMENT OF CRIMINAL
9041	9041	JUSTICE
9042	9042	SECTION 25.001. Section 144.127(b), Agriculture Code, is
9043	9043	amended to read as follows:
9044	9044	(b) An offense under this section is a felony punishable by
9045	9045	imprisonment in the Texas Department of Criminal Justice
9046	9046	[Corrections] for not less than 2 years nor more than 12 years.
9047	9047	SECTION 25.002. Section 144.128(b), Agriculture Code, is
9048	9048	amended to read as follows:
9049	9049	(b) An offense under this section is a felony punishable by
9050	9050	imprisonment in the Texas Department of Criminal Justice
9051	9051	[Corrections] for not less than 2 years nor more than 12 years.
9052	9052	SECTION 25.003. Section 147.061(c), Agriculture Code, is
9053	9053	amended to read as follows:
9054	9054	(c) An offense under Subsection (a) [of this section] is a
9055	9055	felony punishable by:
9056	9056	(1) a fine of not less than $500 nor more than $5,000;
9057	9057	(2) imprisonment in the Texas Department of Criminal
9058	9058	Justice [Corrections] for not less than one nor more than two years;
9059	9059	or
9060	9060	(3) both fine and imprisonment under this subsection.
9061	9061	SECTION 25.004. Section 147.064(c), Agriculture Code, is
9062	9062	amended to read as follows:
9063	9063	(c) An offense under Subsection (a) [of this section] is a
9064	9064	felony punishable by imprisonment in the Texas Department of
9065	9065	Criminal Justice [Corrections] for not less than two years nor more
9066	9066	than four years.
9067	9067	SECTION 25.005. Section 149.005(b), Agriculture Code, is
9068	9068	amended to read as follows:
9069	9069	(b) A second or subsequent offense under this chapter is
9070	9070	punishable by imprisonment in the [institutional division of the]
9071	9071	Texas Department of Criminal Justice for not less than two years nor
9072	9072	more than five years.
9073	9073	SECTION 25.006. Section 161.141(d), Agriculture Code, is
9074	9074	amended to read as follows:
9075	9075	(d) A second or subsequent offense under Subsection (c) [of
9076	9076	this section] is a felony punishable by:
9077	9077	(1) imprisonment in the Texas Department of Criminal
9078	9078	Justice [Corrections] for not less than two years nor more than five
9079	9079	years; and
9080	9080	(2) a fine of not more than $10,000.
9081	9081	SECTION 25.007. Section 101.69, Alcoholic Beverage Code, is
9082	9082	amended to read as follows:
9083	9083	Sec. 101.69. FALSE STATEMENT. Except as provided in
9084	9084	Section 103.05(d) [of this code], a person who makes a false
9085	9085	statement or false representation in an application for a permit or
9086	9086	license or in a statement, report, or other instrument to be filed
9087	9087	with the commission and required to be sworn commits an offense
9088	9088	punishable by imprisonment in the Texas Department of Criminal
9089	9089	Justice [penitentiary] for not less than 2 nor more than 10 years.
9090	9090	SECTION 25.008. Section 103.05(d), Alcoholic Beverage
9091	9091	Code, is amended to read as follows:
9092	9092	(d) A peace officer who makes a false report of the property
9093	9093	seized commits a felony punishable by confinement in the Texas
9094	9094	Department of Criminal Justice [penitentiary] for not less than two
9095	9095	years and not more than five years.
9096	9096	SECTION 25.009. Section 206.06(f), Alcoholic Beverage
9097	9097	Code, is amended to read as follows:
9098	9098	(f) A person who violates any provision of this section
9099	9099	commits a felony punishable by imprisonment in the Texas Department
9100	9100	of Criminal Justice [penitentiary] for not less than 2 nor more than
9101	9101	20 years.
9102	9102	SECTION 25.010. Section 15.22(a), Business & Commerce Code,
9103	9103	is amended to read as follows:
9104	9104	(a) Every person, other than a municipal corporation, who
9105	9105	acts in violation of any of the prohibitions in Section 15.05(a) or
9106	9106	(b) [Subsection (a) or (b) of Section 15.05 of this Act] shall be
9107	9107	deemed guilty of a felony and upon conviction shall be punished by
9108	9108	confinement in the Texas Department of Criminal Justice
9109	9109	[Corrections] for a term of not more than three years or by a fine
9110	9110	not to exceed $5,000 or by both.
9111	9111	SECTION 25.011. Section 132.001(a), Civil Practice and
9112	9112	Remedies Code, is amended to read as follows:
9113	9113	(a) Except as provided by Subsection (b), an unsworn
9114	9114	declaration made as provided by this chapter by an inmate in the
9115	9115	Texas Department of Criminal Justice [Corrections] or in a county
9116	9116	jail may be used in lieu of a written sworn declaration,
9117	9117	verification, certification, oath, or affidavit required by
9118	9118	statute or required by a rule, order, or requirement adopted as
9119	9119	provided by law.
9120	9120	SECTION 25.012. Section 132.003, Civil Practice and
9121	9121	Remedies Code, is amended to read as follows:
9122	9122	Sec. 132.003. FORM OF DECLARATION. The form of a
9123	9123	declaration under this chapter must be substantially as follows:
9124	9124	"I, (insert name and inmate identifying number from Texas
9125	9125	Department of Criminal Justice [Corrections] or county jail), being
9126	9126	presently incarcerated in (insert Texas Department of Criminal
9127	9127	Justice [Corrections] unit name or county jail name) in
9128	9128	______________ County, Texas, declare under penalty of perjury that
9129	9129	the foregoing is true and correct. Executed on (date).
9130	9130	(signature)"
9131	9131	SECTION 25.013. Article 24.13, Code of Criminal Procedure,
9132	9132	is amended to read as follows:
9133	9133	Art. 24.13. ATTACHMENT FOR CONVICT WITNESSES. All persons
9134	9134	who have been or may be convicted in this state [State], and who are
9135	9135	confined in an institution operated by the Texas Department of
9136	9136	Criminal Justice [Corrections] or any jail in this state [State],
9137	9137	shall be permitted to testify in person in any court for the state
9138	9138	[State] and the defendant when the presiding judge finds, after
9139	9139	hearing, that the ends of justice require their attendance, and
9140	9140	directs that an attachment issue to accomplish the purpose,
9141	9141	notwithstanding any other provision of this code [Code]. Nothing
9142	9142	in this article [Article] shall be construed as limiting the power
9143	9143	of the courts of this state [State] to issue bench warrants.
9144	9144	SECTION 25.014. Section 4(c), Article 24.29, Code of
9145	9145	Criminal Procedure, is amended to read as follows:
9146	9146	(c) The judge, in lieu of directing the person having
9147	9147	custody of the witness to produce him in the requesting
9148	9148	jurisdiction's court, may direct and require in his order that:
9149	9149	(1) an officer of the requesting jurisdiction come to
9150	9150	the Texas penal institution in which the witness is confined to
9151	9151	accept custody of the witness for physical transfer to the
9152	9152	requesting jurisdiction;
9153	9153	(2) the requesting jurisdiction provide proper
9154	9154	safeguards on his custody while in transit;
9155	9155	(3) the requesting jurisdiction be liable for and pay
9156	9156	all expenses incurred in producing and returning the witness,
9157	9157	including but not limited to food, lodging, clothing, and medical
9158	9158	care; and
9159	9159	(4) the requesting jurisdiction promptly deliver the
9160	9160	witness back to the same or another Texas penal institution as
9161	9161	specified by the Texas Department of Criminal Justice [Corrections]
9162	9162	at the conclusion of his testimony.
9163	9163	SECTION 25.015. Section 2(e)(2), Article 37.071, Code of
9164	9164	Criminal Procedure, is amended to read as follows:
9165	9165	(2) The court shall:
9166	9166	(A) instruct the jury that if the jury answers
9167	9167	that a circumstance or circumstances warrant that a sentence of
9168	9168	life imprisonment without parole rather than a death sentence be
9169	9169	imposed, the court will sentence the defendant to imprisonment in
9170	9170	the [institutional division of the] Texas Department of Criminal
9171	9171	Justice for life without parole; and
9172	9172	(B) charge the jury that a defendant sentenced to
9173	9173	confinement for life without parole under this article is
9174	9174	ineligible for release from the department on parole.
9175	9175	SECTION 25.016. Section 2(g), Article 37.071, Code of
9176	9176	Criminal Procedure, is amended to read as follows:
9177	9177	(g) If the jury returns an affirmative finding on each issue
9178	9178	submitted under Subsection (b) and a negative finding on an issue
9179	9179	submitted under Subsection (e)(1), the court shall sentence the
9180	9180	defendant to death. If the jury returns a negative finding on any
9181	9181	issue submitted under Subsection (b) or an affirmative finding on
9182	9182	an issue submitted under Subsection (e)(1) or is unable to answer
9183	9183	any issue submitted under Subsection (b) or (e), the court shall
9184	9184	sentence the defendant to confinement in the [institutional
9185	9185	division of the] Texas Department of Criminal Justice for life
9186	9186	imprisonment without parole.
9187	9187	SECTION 25.017. Section 3(g), Article 37.0711, Code of
9188	9188	Criminal Procedure, is amended to read as follows:
9189	9189	(g) If the jury returns an affirmative finding on each issue
9190	9190	submitted under Subsection (b) [of this section] and a negative
9191	9191	finding on the issue submitted under Subsection (e) [of this
9192	9192	section], the court shall sentence the defendant to death. If the
9193	9193	jury returns a negative finding on any issue submitted under
9194	9194	Subsection (b) [of this section] or an affirmative finding on the
9195	9195	issue submitted under Subsection (e) [of this section] or is unable
9196	9196	to answer any issue submitted under Subsection (b) or (e) [of this
9197	9197	section], the court shall sentence the defendant to confinement in
9198	9198	the [institutional division of the] Texas Department of Criminal
9199	9199	Justice for life.
9200	9200	SECTION 25.018. Sections 3 and 4, Article 42.03, Code of
9201	9201	Criminal Procedure, are amended to read as follows:
9202	9202	Sec. 3. If a defendant appeals his conviction, is not
9203	9203	released on bail, and is retained in a jail as provided in Section
9204	9204	7, Article 42.09, pending his appeal, the judge of the court in
9205	9205	which the defendant was convicted shall give the defendant credit
9206	9206	on his sentence for the time that the defendant has spent in jail
9207	9207	pending disposition of his appeal. The court shall endorse on both
9208	9208	the commitment and the mandate from the appellate court all credit
9209	9209	given the defendant under this section, and the [institutional
9210	9210	division of the] Texas Department of Criminal Justice shall grant
9211	9211	the credit in computing the defendant's eligibility for parole and
9212	9212	discharge.
9213	9213	Sec. 4. When a defendant who has been sentenced to
9214	9214	imprisonment in the [institutional division of the] Texas
9215	9215	Department of Criminal Justice has spent time in jail pending trial
9216	9216	and sentence or pending appeal, the judge of the sentencing court
9217	9217	shall direct the sheriff to attach to the commitment papers a
9218	9218	statement assessing the defendant's conduct while in jail.
9219	9219	SECTION 25.019. Sections 1(a) and (d), Article 42.031, Code
9220	9220	of Criminal Procedure, are amended to read as follows:
9221	9221	(a) The sheriff of each county may attempt to secure
9222	9222	employment for each defendant sentenced to the county jail work
9223	9223	release program under Article 42.034 [of this code] and each
9224	9224	defendant confined in the county jail awaiting transfer to the
9225	9225	[institutional division of the] Texas Department of Criminal
9226	9226	Justice.
9227	9227	(d) If the sheriff does not find employment for a defendant
9228	9228	who would otherwise be sentenced to imprisonment in the department
9229	9229	[institutional division], the sheriff shall:
9230	9230	(1) transfer the defendant to the sheriff of a county
9231	9231	who agrees to accept the defendant as a participant in the county
9232	9232	jail work release program; or
9233	9233	(2) retain the defendant in the county jail for
9234	9234	employment as soon as possible in a jail work release program.
9235	9235	SECTION 25.020. Section 3(a), Article 42.031, Code of
9236	9236	Criminal Procedure, is amended to read as follows:
9237	9237	(a) The sheriff of each county shall classify each felon
9238	9238	serving a sentence in the county jail work release program for the
9239	9239	purpose of awarding good conduct time credit in the same manner as
9240	9240	inmates of the [institutional division of the] Texas Department of
9241	9241	Criminal Justice are classified under Chapter 498, Government Code,
9242	9242	and shall award good conduct time in the same manner as the director
9243	9243	of the department does in that chapter.
9244	9244	SECTION 25.021. Article 42.037(o), Code of Criminal
9245	9245	Procedure, is amended to read as follows:
9246	9246	(o) The department [pardons and paroles division] may waive
9247	9247	a supervision fee or an administrative fee imposed on an inmate
9248	9248	under Section 508.182, Government Code, during any period in which
9249	9249	the inmate is required to pay restitution under this article.
9250	9250	SECTION 25.022. Article 42.08(b), Code of Criminal
9251	9251	Procedure, is amended to read as follows:
9252	9252	(b) If a defendant is sentenced for an offense committed
9253	9253	while the defendant was an inmate in the [institutional division of
9254	9254	the] Texas Department of Criminal Justice and serving a sentence
9255	9255	for an offense other than a state jail felony and the defendant has
9256	9256	not completed the sentence he was serving at the time of the
9257	9257	offense, the judge shall order the sentence for the subsequent
9258	9258	offense to commence immediately on completion of the sentence for
9259	9259	the original offense.
9260	9260	SECTION 25.023. Sections 1, 2, 3, 4, 5, 6, and 7, Article
9261	9261	42.09, Code of Criminal Procedure, are amended to read as follows:
9262	9262	Sec. 1. Except as provided in Sections 2 and 3, a defendant
9263	9263	shall be delivered to a jail or to the [institutional division of
9264	9264	the] Texas Department of Criminal Justice when his sentence is
9265	9265	pronounced, or his sentence to death is announced, by the court.
9266	9266	The defendant's sentence begins to run on the day it is pronounced,
9267	9267	but with all credits, if any, allowed by Article 42.03.
9268	9268	Sec. 2. If a defendant appeals his conviction and is
9269	9269	released on bail pending disposition of his appeal, when his
9270	9270	conviction is affirmed, the clerk of the trial court, on receipt of
9271	9271	the mandate from the appellate court, shall issue a commitment
9272	9272	against the defendant. The officer executing the commitment shall
9273	9273	endorse thereon the date he takes the defendant into custody and the
9274	9274	defendant's sentence begins to run from the date endorsed on the
9275	9275	commitment. The [institutional division of the] Texas Department
9276	9276	of Criminal Justice shall admit the defendant named in the
9277	9277	commitment on the basis of the commitment.
9278	9278	Sec. 3. If a defendant is convicted of a felony and
9279	9279	sentenced to death, life, or a term of more than ten years in the
9280	9280	[institutional division of the] Texas Department of Criminal
9281	9281	Justice and he gives notice of appeal, he shall be transferred to
9282	9282	the department [institutional division] on a commitment pending a
9283	9283	mandate from the court of appeals or the Court of Criminal Appeals.
9284	9284	Sec. 4. If a defendant is convicted of a felony, is eligible
9285	9285	for release on bail pending appeal under Article [article]
9286	9286	44.04(b), and gives notice of appeal, he shall be transferred to the
9287	9287	[Institutional Division of the] Texas Department of Criminal
9288	9288	Justice on a commitment pending a mandate from the Court of Appeals
9289	9289	or the Court of Criminal Appeals upon request in open court or upon
9290	9290	written request to the sentencing court. Upon a valid transfer to
9291	9291	the department [institutional division] under this section, the
9292	9292	defendant may not thereafter be released on bail pending his
9293	9293	appeal.
9294	9294	Sec. 5. If a defendant is transferred to the [institutional
9295	9295	division of the] Texas Department of Criminal Justice pending
9296	9296	appeal under Section 3 or 4, his sentence shall be computed as if no
9297	9297	appeal had been taken if the appeal is affirmed.
9298	9298	Sec. 6. All defendants who have been transferred to the
9299	9299	[institutional division of the] Texas Department of Criminal
9300	9300	Justice pending the appeal of their convictions under this article
9301	9301	shall be under the control and authority of the department
9302	9302	[institutional division] for all purposes as if no appeal were
9303	9303	pending.
9304	9304	Sec. 7. If a defendant is sentenced to a term of
9305	9305	imprisonment in the [institutional division of the] Texas
9306	9306	Department of Criminal Justice but is not transferred to the
9307	9307	department [institutional division] under Section 3 or 4 [of this
9308	9308	article], the court, before the date on which it would lose
9309	9309	jurisdiction under Section 6(a), Article 42.12, [of this code,]
9310	9310	shall send to the department a document containing a statement of
9311	9311	the date on which the defendant's sentence was pronounced and
9312	9312	credits earned by the defendant under Article 42.03 [of this code]
9313	9313	as of the date of the statement.
9314	9314	SECTION 25.024. Section 8(d), Article 42.09, Code of
9315	9315	Criminal Procedure, is amended to read as follows:
9316	9316	(d) The correctional institutions [institutional] division
9317	9317	of the Texas Department of Criminal Justice shall make documents
9318	9318	received under Subsections (a) and (c) available to the parole
9319	9319	[pardons and paroles] division on the request of the parole
9320	9320	[pardons and paroles] division and shall, on release of a defendant
9321	9321	on parole or to mandatory supervision, immediately provide the
9322	9322	parole [pardons and paroles] division with copies of documents
9323	9323	received under Subsection (a). The parole [pardons and paroles]
9324	9324	division shall provide to the parole officer appointed to supervise
9325	9325	the defendant a comprehensive summary of the information contained
9326	9326	in the documents referenced in this section not later than the 14th
9327	9327	day after the date of the defendant's release. The summary shall
9328	9328	include a current photograph of the defendant and a complete set of
9329	9329	the defendant's fingerprints. Upon written request from the county
9330	9330	sheriff, the photograph and fingerprints shall be filed with the
9331	9331	sheriff of the county to which the parolee is assigned if that
9332	9332	county is not the county from which the parolee was sentenced.
9333	9333	SECTION 25.025. Section 3g(b), Article 42.12, Code of
9334	9334	Criminal Procedure, is amended to read as follows:
9335	9335	(b) If there is an affirmative finding under Subsection
9336	9336	(a)(2) in the trial of a felony of the second degree or higher that
9337	9337	the deadly weapon used or exhibited was a firearm and the defendant
9338	9338	is granted community supervision, the court may order the defendant
9339	9339	confined in the [institutional division of the] Texas Department of
9340	9340	Criminal Justice for not less than 60 and not more than 120 days. At
9341	9341	any time after the defendant has served 60 days in the custody of
9342	9342	the department [institutional division], the sentencing judge, on
9343	9343	his own motion or on motion of the defendant, may order the
9344	9344	defendant released to community supervision. The department
9345	9345	[institutional division] shall release the defendant to community
9346	9346	supervision after he has served 120 days.
9347	9347	SECTION 25.026. Section 5(c), Article 42.12, Code of
9348	9348	Criminal Procedure, is amended to read as follows:
9349	9349	(c) On expiration of a community supervision period imposed
9350	9350	under Subsection (a) [of this section], if the judge has not
9351	9351	proceeded to adjudication of guilt, the judge shall dismiss the
9352	9352	proceedings against the defendant and discharge him. The judge may
9353	9353	dismiss the proceedings and discharge a defendant, other than a
9354	9354	defendant charged with an offense requiring the defendant to
9355	9355	register as a sex offender under Chapter 62, [as added by Chapter
9356	9356	668, Acts of the 75th Legislature, Regular Session, 1997,] prior to
9357	9357	the expiration of the term of community supervision if in the
9358	9358	judge's opinion the best interest of society and the defendant will
9359	9359	be served. The judge may not dismiss the proceedings and discharge
9360	9360	a defendant charged with an offense requiring the defendant to
9361	9361	register under Chapter 62[, as added by Chapter 668, Acts of the
9362	9362	75th Legislature, Regular Session, 1997]. Except as provided by
9363	9363	Section 12.42(g), Penal Code, a dismissal and discharge under this
9364	9364	section may not be deemed a conviction for the purposes of
9365	9365	disqualifications or disabilities imposed by law for conviction of
9366	9366	an offense. For any defendant who receives a dismissal and
9367	9367	discharge under this section:
9368	9368	(1) upon conviction of a subsequent offense, the fact
9369	9369	that the defendant had previously received community supervision
9370	9370	with a deferred adjudication of guilt shall be admissible before
9371	9371	the court or jury to be considered on the issue of penalty;
9372	9372	(2) if the defendant is an applicant for a license or
9373	9373	is a licensee under Chapter 42, Human Resources Code, the [Texas]
9374	9374	Department of Family and Protective [Human] Services may consider
9375	9375	the fact that the defendant previously has received community
9376	9376	supervision with a deferred adjudication of guilt under this
9377	9377	section in issuing, renewing, denying, or revoking a license under
9378	9378	that chapter; and
9379	9379	(3) if the defendant is a person who has applied for
9380	9380	registration to provide mental health or medical services for the
9381	9381	rehabilitation of sex offenders, the [Interagency] Council on Sex
9382	9382	Offender Treatment may consider the fact that the defendant has
9383	9383	received community supervision under this section in issuing,
9384	9384	renewing, denying, or revoking a license or registration issued by
9385	9385	that council.
9386	9386	SECTION 25.027. Sections 6(a) and (b), Article 42.12, Code
9387	9387	of Criminal Procedure, are amended to read as follows:
9388	9388	(a) For the purposes of this section, the jurisdiction of a
9389	9389	court imposing [in which] a sentence requiring imprisonment in the
9390	9390	[institutional division of the] Texas Department of Criminal
9391	9391	Justice for an offense other than a state jail felony continues [is
9392	9392	imposed by the judge of the court shall continue] for 180 days from
9393	9393	the date the execution of the sentence actually begins. Before the
9394	9394	expiration of 180 days from the date the execution of the sentence
9395	9395	actually begins, the judge of the court that imposed such sentence
9396	9396	may on his own motion, on the motion of the attorney representing
9397	9397	the state, or on the written motion of the defendant, suspend
9398	9398	further execution of the sentence and place the defendant on
9399	9399	community supervision under the terms and conditions of this
9400	9400	article, if in the opinion of the judge the defendant would not
9401	9401	benefit from further imprisonment and:
9402	9402	(1) the defendant is otherwise eligible for community
9403	9403	supervision under this article; and
9404	9404	(2) the defendant had never before been incarcerated
9405	9405	in a penitentiary serving a sentence for a felony.
9406	9406	(b) When the defendant or the attorney representing the
9407	9407	state files a written motion requesting suspension by the judge of
9408	9408	further execution of the sentence and placement of the defendant on
9409	9409	community supervision, and when requested to do so by the judge, the
9410	9410	clerk of the court shall request a copy of the defendant's record
9411	9411	while imprisoned from the [institutional division of the] Texas
9412	9412	Department of Criminal Justice or, if the defendant is confined in
9413	9413	county jail, from the sheriff. Upon receipt of such request, the
9414	9414	[institutional division of the] Texas Department of Criminal
9415	9415	Justice or the sheriff shall forward to the judge, as soon as
9416	9416	possible, a full and complete copy of the defendant's record while
9417	9417	imprisoned or confined. When the defendant files a written motion
9418	9418	requesting suspension of further execution of the sentence and
9419	9419	placement on community supervision, he shall immediately deliver or
9420	9420	cause to be delivered a true and correct copy of the motion to the
9421	9421	office of the attorney representing the state.
9422	9422	SECTION 25.028. Sections 8(a) and (b), Article 42.12, Code
9423	9423	of Criminal Procedure, are amended to read as follows:
9424	9424	(a) For the purposes of this section, the jurisdiction of a
9425	9425	court imposing [in which] a sentence requiring imprisonment in the
9426	9426	[institutional division of the] Texas Department of Criminal
9427	9427	Justice for an offense other than a state jail felony continues [is
9428	9428	imposed for conviction of a felony shall continue] for 180 days from
9429	9429	the date on which the convicted person is received into custody by
9430	9430	the department [institutional division]. After the expiration of
9431	9431	75 days but prior to the expiration of 180 days from the date on
9432	9432	which the convicted person is received into custody by the
9433	9433	department [institutional division], the judge of the court that
9434	9434	imposed the sentence may suspend further execution of the sentence
9435	9435	imposed and place the person on community supervision under the
9436	9436	terms and conditions of this article, if in the opinion of the judge
9437	9437	the person would not benefit from further imprisonment. The court
9438	9438	shall clearly indicate in its order recommending the placement of
9439	9439	the person in the state boot camp program that the court is not
9440	9440	retaining jurisdiction over the person for the purposes of Section
9441	9441	6 [of this article]. A court may recommend a person for placement
9442	9442	in the state boot camp program only if:
9443	9443	(1) the person is otherwise eligible for community
9444	9444	supervision under this article;
9445	9445	(2) the person is 17 years of age or older but younger
9446	9446	than 26 years and is physically and mentally capable of
9447	9447	participating in a program that requires strenuous physical
9448	9448	activity; and
9449	9449	(3) the person is not convicted of an offense
9450	9450	punishable as a state jail felony.
9451	9451	(b) On the 76th day after the day on which the convicted
9452	9452	person is received into custody by the department [institutional
9453	9453	division], the department [institutional division] shall send the
9454	9454	convicting court the record of the person's progress, conduct, and
9455	9455	conformity to department [institutional division] rules.
9456	9456	SECTION 25.029. Section 13A(a), Article 42.12, Code of
9457	9457	Criminal Procedure, is amended to read as follows:
9458	9458	(a) A court granting community supervision to a defendant
9459	9459	convicted of an offense for which the court has made an affirmative
9460	9460	finding under Article 42.014 [of this code] shall require as a term
9461	9461	of community supervision that the defendant:
9462	9462	(1) serve a term of not more than one year imprisonment
9463	9463	in the [institutional division of the] Texas Department of Criminal
9464	9464	Justice if the offense is a felony other than an offense under
9465	9465	Section 19.02, Penal Code; or
9466	9466	(2) serve a term of not more than 90 days confinement
9467	9467	in jail if the offense is a misdemeanor.
9468	9468	SECTION 25.030. Section 23(b), Article 42.12, Code of
9469	9469	Criminal Procedure, is amended to read as follows:
9470	9470	(b) No part of the time that the defendant is on community
9471	9471	supervision shall be considered as any part of the time that he
9472	9472	shall be sentenced to serve, except that on revocation, the judge
9473	9473	shall credit to the defendant time served by the defendant as a
9474	9474	condition of community supervision in a substance abuse treatment
9475	9475	facility operated by the Texas Department of Criminal Justice under
9476	9476	Section 493.009, Government Code, or another court-ordered
9477	9477	residential program or facility, but only if the defendant
9478	9478	successfully completes the treatment program in that facility. The
9479	9479	right of the defendant to appeal for a review of the conviction and
9480	9480	punishment, as provided by law, shall be accorded the defendant at
9481	9481	the time he is placed on community supervision. When he is notified
9482	9482	that his community supervision is revoked for violation of the
9483	9483	conditions of community supervision and he is called on to serve a
9484	9484	sentence in a jail or in the [institutional division of the] Texas
9485	9485	Department of Criminal Justice, he may appeal the revocation.
9486	9486	SECTION 25.031. Article X(b), Article 42.19, Code of
9487	9487	Criminal Procedure, is amended to read as follows:
9488	9488	(b) Powers. The director of the Texas Department of
9489	9489	Criminal Justice [Corrections] is authorized and directed to do all
9490	9490	things necessary or incidental to the carrying out of the compact in
9491	9491	every particular.
9492	9492	SECTION 25.032. Articles 43.101(a) and (b), Code of
9493	9493	Criminal Procedure, are amended to read as follows:
9494	9494	(a) A defendant confined in county jail awaiting trial or a
9495	9495	defendant confined in county jail after conviction of a felony or
9496	9496	revocation of community supervision, parole, or mandatory
9497	9497	supervision and awaiting transfer to the [institutional division of
9498	9498	the] Texas Department of Criminal Justice may volunteer to
9499	9499	participate in any work program operated by the sheriff that uses
9500	9500	the labor of convicted defendants.
9501	9501	(b) The sheriff may accept a defendant as a volunteer under
9502	9502	Subsection (a) [of this section] if the defendant is not awaiting
9503	9503	trial for an offense involving violence or is not awaiting transfer
9504	9504	to the [institutional division of the] Texas Department of Criminal
9505	9505	Justice after conviction of a felony involving violence, and if the
9506	9506	sheriff determines that the inmate has not engaged previously in
9507	9507	violent conduct and does not pose a security risk to the general
9508	9508	public if allowed to participate in the work program.
9509	9509	SECTION 25.033. Article 43.14, Code of Criminal Procedure,
9510	9510	is amended to read as follows:
9511	9511	Art. 43.14. EXECUTION OF CONVICT. Whenever the sentence of
9512	9512	death is pronounced against a convict, the sentence shall be
9513	9513	executed at any time after the hour of 6 p.m. on the day set for the
9514	9514	execution, by intravenous injection of a substance or substances in
9515	9515	a lethal quantity sufficient to cause death and until such convict
9516	9516	is dead, such execution procedure to be determined and supervised
9517	9517	by the director [Director] of the correctional institutions
9518	9518	[institutional] division of the Texas Department of Criminal
9519	9519	Justice.
9520	9520	SECTION 25.034. Article 43.18, Code of Criminal Procedure,
9521	9521	is amended to read as follows:
9522	9522	Art. 43.18. EXECUTIONER. The director [Director] of the
9523	9523	Texas Department of Criminal Justice [Corrections,] shall
9524	9524	designate an executioner to carry out the death penalty provided by
9525	9525	law.
9526	9526	SECTION 25.035. Article 43.19, Code of Criminal Procedure,
9527	9527	is amended to read as follows:
9528	9528	Art. 43.19. PLACE OF EXECUTION. The execution shall take
9529	9529	place at a location designated by the Texas Department of Criminal
9530	9530	Justice [Corrections] in a room arranged for that purpose.
9531	9531	SECTION 25.036. Article 44.251(b), Code of Criminal
9532	9532	Procedure, is amended to read as follows:
9533	9533	(b) The court of criminal appeals shall reform a sentence of
9534	9534	death to a sentence of confinement in the [institutional division
9535	9535	of the] Texas Department of Criminal Justice for life without
9536	9536	parole if:
9537	9537	(1) the court finds reversible error that affects the
9538	9538	punishment stage of the trial other than a finding of insufficient
9539	9539	evidence under Subsection (a) [of this article]; and
9540	9540	(2) within 30 days after the date on which the opinion
9541	9541	is handed down, the date the court disposes of a timely request for
9542	9542	rehearing, or the date that the United States Supreme Court
9543	9543	disposes of a timely filed petition for writ of certiorari,
9544	9544	whichever date is later, the prosecuting attorney files a motion
9545	9545	requesting that the sentence be reformed to confinement for life
9546	9546	without parole.
9547	9547	SECTION 25.037. Articles 44.2511(b) and (c), Code of
9548	9548	Criminal Procedure, are amended to read as follows:
9549	9549	(b) The court of criminal appeals shall reform a sentence of
9550	9550	death to a sentence of confinement in the [institutional division
9551	9551	of the] Texas Department of Criminal Justice for life if the court
9552	9552	finds that there is legally insufficient evidence to support an
9553	9553	affirmative answer to an issue submitted to the jury under Section
9554	9554	3(b), Article 37.0711.
9555	9555	(c) The court of criminal appeals shall reform a sentence of
9556	9556	death to a sentence of confinement in the [institutional division
9557	9557	of the] Texas Department of Criminal Justice for life if:
9558	9558	(1) the court finds reversible error that affects the
9559	9559	punishment stage of the trial other than a finding of insufficient
9560	9560	evidence under Subsection (b); and
9561	9561	(2) within 30 days after the date on which the opinion
9562	9562	is handed down, the date the court disposes of a timely request for
9563	9563	rehearing, or the date that the United States Supreme Court
9564	9564	disposes of a timely filed petition for writ of certiorari,
9565	9565	whichever date is later, the prosecuting attorney files a motion
9566	9566	requesting that the sentence be reformed to confinement for life.
9567	9567	SECTION 25.038. Articles 56.03(a), (b), and (h), Code of
9568	9568	Criminal Procedure, are amended to read as follows:
9569	9569	(a) The Texas Crime Victim Clearinghouse, with the
9570	9570	participation of the community justice assistance division of the
9571	9571	Texas Department of Criminal Justice [Texas Adult Probation
9572	9572	Commission] and the Board of Pardons and Paroles, shall develop a
9573	9573	form to be used by law enforcement agencies, prosecutors, and other
9574	9574	participants in the criminal justice system to record the impact of
9575	9575	an offense on a victim of the offense, guardian of a victim, or a
9576	9576	close relative of a deceased victim and to provide the agencies,
9577	9577	prosecutors, and participants with information needed to contact
9578	9578	the victim, guardian, or relative if needed at any stage of a
9579	9579	prosecution of a person charged with the offense. The Texas Crime
9580	9580	Victim Clearinghouse, with the participation of the community
9581	9581	justice assistance division of the Texas Department of Criminal
9582	9582	Justice [Texas Adult Probation Commission] and the Board of Pardons
9583	9583	and Paroles, shall also develop a victims' information booklet that
9584	9584	provides a general explanation of the criminal justice system to
9585	9585	victims of an offense, guardians of victims, and relatives of
9586	9586	deceased victims.
9587	9587	(b) The victim impact statement must be in a form designed
9588	9588	to inform a victim, guardian of a victim, or a close relative of a
9589	9589	deceased victim with a clear statement of rights provided by
9590	9590	Article 56.02 [of this code] and to collect the following
9591	9591	information:
9592	9592	(1) the name of the victim of the offense or, if the
9593	9593	victim has a legal guardian or is deceased, the name of a guardian
9594	9594	or close relative of the victim;
9595	9595	(2) the address and telephone number of the victim,
9596	9596	guardian, or relative through which the victim, guardian of a
9597	9597	victim, or a close relative of a deceased victim, may be contacted;
9598	9598	(3) a statement of economic loss suffered by the
9599	9599	victim, guardian, or relative as a result of the offense;
9600	9600	(4) a statement of any physical or psychological
9601	9601	injury suffered by the victim, guardian, or relative as a result of
9602	9602	the offense, as described by the victim, guardian, relative, or by a
9603	9603	physician or counselor;
9604	9604	(5) a statement of any psychological services
9605	9605	requested as a result of the offense;
9606	9606	(6) a statement of any change in the victim's,
9607	9607	guardian's, or relative's personal welfare or familial relationship
9608	9608	as a result of the offense;
9609	9609	(7) a statement as to whether or not the victim,
9610	9610	guardian, or relative wishes to be notified in the future of any
9611	9611	parole hearing for the defendant and an explanation as to the
9612	9612	procedures by which the victim, guardian, or relative may obtain
9613	9613	information concerning the release of the defendant from the Texas
9614	9614	Department of Criminal Justice [Corrections]; and
9615	9615	(8) any other information, other than facts related to
9616	9616	the commission of the offense, related to the impact of the offense
9617	9617	on the victim, guardian, or relative.
9618	9618	(h) Not later than December 1 of each odd-numbered year, the
9619	9619	Texas Crime Victim Clearinghouse, with the participation of the
9620	9620	community justice assistance division of the Texas Department of
9621	9621	Criminal Justice [Texas Adult Probation Commission] and the Board
9622	9622	of Pardons and Paroles, shall update the victim impact statement
9623	9623	form and any other information provided by the commission to
9624	9624	victims, guardians of victims, and relatives of deceased victims,
9625	9625	if necessary, to reflect changes in law relating to criminal
9626	9626	justice and the rights of victims and guardians and relatives of
9627	9627	victims.
9628	9628	SECTION 25.039. Article 56.04(e), Code of Criminal
9629	9629	Procedure, is amended to read as follows:
9630	9630	(e) The victim assistance coordinator shall send a copy of a
9631	9631	victim impact statement to the court sentencing the defendant. If
9632	9632	the court sentences the defendant to imprisonment in the Texas
9633	9633	Department of Criminal Justice [Corrections], it shall attach the
9634	9634	copy of the victim impact statement to the commitment papers.
9635	9635	SECTION 25.040. Article 56.05(a), Code of Criminal
9636	9636	Procedure, is amended to read as follows:
9637	9637	(a) The Board of Pardons and Paroles, the community justice
9638	9638	assistance division of the Texas Department of Criminal Justice
9639	9639	[Texas Adult Probation Commission], and the Texas Crime Victim
9640	9640	Clearinghouse, designated as the planning body for the purposes of
9641	9641	this article, shall develop a survey plan to maintain statistics on
9642	9642	the numbers and types of persons to whom state and local agencies
9643	9643	provide victim impact statements during each year.
9644	9644	SECTION 25.041. Articles 56.08(a) and (c), Code of Criminal
9645	9645	Procedure, are amended to read as follows:
9646	9646	(a) Not later than the 10th day after the date that an
9647	9647	indictment or information is returned against a defendant for an
9648	9648	offense, the attorney representing the state shall give to each
9649	9649	victim of the offense a written notice containing:
9650	9650	(1) a brief general statement of each procedural stage
9651	9651	in the processing of a criminal case, including bail, plea
9652	9652	bargaining, parole restitution, and appeal;
9653	9653	(2) notification of the rights and procedures under
9654	9654	this chapter;
9655	9655	(3) suggested steps the victim may take if the victim
9656	9656	is subjected to threats or intimidation;
9657	9657	(4) notification of the right to receive information
9658	9658	regarding compensation to victims of crime as provided by
9659	9659	Subchapter B [of this chapter], including information about:
9660	9660	(A) the costs that may be compensated under
9661	9661	Subchapter B [of this chapter], eligibility for compensation, and
9662	9662	procedures for application for compensation under Subchapter B of
9663	9663	this chapter;
9664	9664	(B) the payment for a medical examination for a
9665	9665	victim of a sexual assault under Article 56.06 [of this code]; and
9666	9666	(C) referral to available social service
9667	9667	agencies that may offer additional assistance;
9668	9668	(5) the name, address, and phone number of the local
9669	9669	victim assistance coordinator;
9670	9670	(6) the case number and assigned court for the case;
9671	9671	(7) the right to file a victim impact statement with
9672	9672	the office of the attorney representing the state and the [pardons
9673	9673	and paroles division of the] Texas Department of Criminal Justice;
9674	9674	and
9675	9675	(8) notification of the right of a victim, guardian of
9676	9676	a victim, or close relative of a deceased victim, as defined by
9677	9677	Section 508.117, Government Code, to appear in person before a
9678	9678	member of the Board of Pardons and Paroles as provided by Section
9679	9679	508.153, Government Code.
9680	9680	(c) A victim who receives a notice under Subsection (a) [of
9681	9681	this article] and who chooses to receive other notice under law
9682	9682	about the same case must keep the following persons informed of the
9683	9683	victim's current address and phone number:
9684	9684	(1) the attorney representing the state; and
9685	9685	(2) the [pardons and paroles division of the] Texas
9686	9686	Department of Criminal Justice if after sentencing the defendant is
9687	9687	confined in the department [institutional division].
9688	9688	SECTION 25.042. Articles 56.12(a), (a-1), and (c), Code of
9689	9689	Criminal Procedure, are amended to read as follows:
9690	9690	(a) The Texas Department of Criminal Justice shall
9691	9691	immediately notify the victim of an offense, the victim's guardian,
9692	9692	or the victim's close relative, if the victim is deceased, if the
9693	9693	victim, victim's guardian, or victim's close relative has notified
9694	9694	the department [institutional division] as provided by Subsection
9695	9695	(b) [of this article], whenever the defendant:
9696	9696	(1) escapes from a facility operated by the department
9697	9697	for the imprisonment of individuals convicted of felonies other
9698	9698	than state jail felonies [institutional division]; or
9699	9699	(2) is transferred from the custody of a facility
9700	9700	operated by the department for the imprisonment of individuals
9701	9701	convicted of felonies other than state jail felonies [institutional
9702	9702	division] to the custody of a peace officer under a writ of
9703	9703	attachment or a bench warrant.
9704	9704	(a-1) The Texas Department of Criminal Justice shall
9705	9705	immediately notify a witness who testified against a defendant at
9706	9706	the trial for the offense for which the defendant is incarcerated,
9707	9707	the witness's guardian, or the witness's close relative, if the
9708	9708	witness is deceased, if the witness, witness's guardian, or
9709	9709	witness's close relative has notified the department
9710	9710	[institutional division] as provided by Subsection (b), whenever
9711	9711	the defendant:
9712	9712	(1) escapes from a facility operated by the department
9713	9713	for the imprisonment of individuals convicted of felonies other
9714	9714	than state jail felonies [institutional division]; or
9715	9715	(2) is transferred from the custody of a facility
9716	9716	operated by the department for the imprisonment of individuals
9717	9717	convicted of felonies other than state jail felonies [institutional
9718	9718	division] to the custody of a peace officer under a writ of
9719	9719	attachment or a bench warrant.
9720	9720	(c) In providing notice under Subsection (a)(2) or
9721	9721	(a-1)(2), the department [institutional division] shall include
9722	9722	the name, address, and telephone number of the peace officer
9723	9723	receiving the defendant into custody. On returning the defendant
9724	9724	to the custody of the department [institutional division], the
9725	9725	victim services division of the department [Texas Department of
9726	9726	Criminal Justice] shall notify the victim, witness, guardian, or
9727	9727	close relative, as applicable, of that fact.
9728	9728	SECTION 25.043. Article 59.02(f), Code of Criminal
9729	9729	Procedure, is amended to read as follows:
9730	9730	(f) Any property that is contraband and has been seized by
9731	9731	the [institutional division of the] Texas Department of Criminal
9732	9732	Justice shall be forfeited to the department [institutional
9733	9733	division] under the same rules and conditions as for other
9734	9734	forfeitures.
9735	9735	SECTION 25.044. Article 60.052(c), Code of Criminal
9736	9736	Procedure, is amended to read as follows:
9737	9737	(c) Information in the corrections tracking system relating
9738	9738	to the handling of offenders must include the following information
9739	9739	about each imprisonment, confinement, or execution of an offender:
9740	9740	(1) the date of the imprisonment or confinement;
9741	9741	(2) if the offender was sentenced to death:
9742	9742	(A) the date of execution; and
9743	9743	(B) if the death sentence was commuted, the
9744	9744	sentence to which the sentence of death was commuted and the date of
9745	9745	commutation;
9746	9746	(3) the date the offender was released from
9747	9747	imprisonment or confinement and whether the release was a discharge
9748	9748	or a release on parole or mandatory supervision;
9749	9749	(4) if the offender is released on parole or mandatory
9750	9750	supervision:
9751	9751	(A) the offense for which the offender was
9752	9752	convicted by offense code and incident number;
9753	9753	(B) the date the offender was received by an
9754	9754	office of the parole [Board of Pardons and Paroles] division;
9755	9755	(C) the county in which the offender resides
9756	9756	while under supervision;
9757	9757	(D) any program in which an offender is placed or
9758	9758	has previously been placed and the level of supervision the
9759	9759	offender is placed on while under the jurisdiction of the parole
9760	9760	[Board of Pardons and Paroles] division;
9761	9761	(E) the date a program described by Paragraph (D)
9762	9762	[of this subdivision] begins, the date the program ends, and
9763	9763	whether the program was completed successfully;
9764	9764	(F) the date a level of supervision described by
9765	9765	Paragraph (D) [of this subdivision] begins and the date the level of
9766	9766	supervision ends;
9767	9767	(G) if the offender's release status is revoked,
9768	9768	the reason for the revocation and the date of revocation;
9769	9769	(H) the expiration date of the sentence; and
9770	9770	(I) the date of the offender's release from the
9771	9771	parole [Board of Pardons and Paroles] division or the date on which
9772	9772	the offender is granted clemency; and
9773	9773	(5) if the offender is released under Section 6(a),
9774	9774	Article 42.12, [of this code,] the date of the offender's release.
9775	9775	SECTION 25.045. Article 60.08(e), Code of Criminal
9776	9776	Procedure, is amended to read as follows:
9777	9777	(e) A court that orders the release of an offender under
9778	9778	Section 6(a), Article 42.12, [of this code] at a time when the
9779	9779	offender is under a bench warrant and not physically imprisoned in
9780	9780	the Texas Department of Criminal Justice [institutional division]
9781	9781	shall report the release to the department [institutional division
9782	9782	of the Texas Department of Criminal Justice] not later than the
9783	9783	seventh day after the date of the release.
9784	9784	SECTION 25.046. Article 61.07(c), Code of Criminal
9785	9785	Procedure, is amended to read as follows:
9786	9786	(c) In determining whether information is required to be
9787	9787	removed from an intelligence database under Subsection (b), the
9788	9788	two-year period does not include any period during which the child
9789	9789	who is the subject of the information is:
9790	9790	(1) committed to the Texas Youth Commission for
9791	9791	conduct that violates a penal law of the grade of felony; or
9792	9792	(2) confined in the [institutional division or the
9793	9793	state jail division of the] Texas Department of Criminal Justice.
9794	9794	SECTION 25.047. Article 61.08(d), Code of Criminal
9795	9795	Procedure, is amended to read as follows:
9796	9796	(d) A person who is committed to the Texas Youth Commission
9797	9797	or confined in the [institutional division or the state jail
9798	9798	division of the] Texas Department of Criminal Justice does not
9799	9799	while committed or confined have the right to request review of
9800	9800	criminal information under this article.
9801	9801	SECTION 25.048. Article 62.053(d), Code of Criminal
9802	9802	Procedure, is amended to read as follows:
9803	9803	(d) If a person who has a reportable conviction described by
9804	9804	Article 62.001(5)(H) or (I) is placed under the supervision of the
9805	9805	parole [pardons and paroles] division of the Texas Department of
9806	9806	Criminal Justice or a community supervision and corrections
9807	9807	department under Section 510.017, Government Code [Article 42.11],
9808	9808	the division or community supervision and corrections department
9809	9809	shall conduct the prerelease notification and registration
9810	9810	requirements specified in this article on the date the person is
9811	9811	placed under the supervision of the division or community
9812	9812	supervision and corrections department. If a person who has a
9813	9813	reportable adjudication of delinquent conduct described by Article
9814	9814	62.001(5)(H) or (I) is, as permitted by Section 60.002, Family
9815	9815	Code, placed under the supervision of the Texas Youth Commission, a
9816	9816	public or private vendor operating under contract with the Texas
9817	9817	Youth Commission, a local juvenile probation department, or a
9818	9818	juvenile secure pre-adjudication or post-adjudication facility,
9819	9819	the commission, vendor, probation department, or facility shall
9820	9820	conduct the prerelease notification and registration requirements
9821	9821	specified in this article on the date the person is placed under the
9822	9822	supervision of the commission, vendor, probation department, or
9823	9823	facility.
9824	9824	SECTION 25.049. Section 31.201(b), Education Code, is
9825	9825	amended to read as follows:
9826	9826	(b) The commissioner, as provided by rules adopted by the
9827	9827	State Board of Education, shall make available on request copies of
9828	9828	discontinued textbooks, other than electronic textbooks, for use in
9829	9829	libraries maintained in municipal and county jails, [and]
9830	9830	facilities operated by [of] the [institutional division of the]
9831	9831	Texas Department of Criminal Justice for the imprisonment of
9832	9832	individuals convicted of felonies other than state jail felonies,
9833	9833	and other state agencies.
9834	9834	SECTION 25.050. Section 38.008, Education Code, is amended
9835	9835	to read as follows:
9836	9836	Sec. 38.008. POSTING OF STEROID LAW NOTICE. Each school in
9837	9837	a school district in which there is a grade level of seven or higher
9838	9838	shall post in a conspicuous location in the school gymnasium and
9839	9839	each other place in a building where physical education classes are
9840	9840	conducted the following notice:
9841	9841	Anabolic steroids are for medical use only.
9842	9842	State law prohibits possessing, dispensing,
9843	9843	delivering, or administering an anabolic steroid in
9844	9844	any manner not allowed by state law. State law
9845	9845	provides that body building, muscle enhancement, or
9846	9846	the increase of muscle bulk or strength through the use
9847	9847	of an anabolic steroid or human growth hormone by a
9848	9848	person who is in good health is not a valid medical
9849	9849	purpose. Only a medical doctor may prescribe an
9850	9850	anabolic steroid or human growth hormone for a person.
9851	9851	A violation of state law concerning anabolic steroids
9852	9852	or human growth hormones is a criminal offense
9853	9853	punishable by confinement in jail or imprisonment in
9854	9854	the [institutional division of the] Texas Department
9855	9855	of Criminal Justice.
9856	9856	SECTION 25.051. Section 51.921, Education Code, is amended
9857	9857	to read as follows:
9858	9858	Sec. 51.921. POSTING OF STEROID LAW NOTICE. Each public
9859	9859	institution of higher education shall post in a conspicuous
9860	9860	location in each gymnasium at the institution the following notice:
9861	9861	Anabolic steroids and growth hormones are for
9862	9862	medical use only. State law prohibits the possession,
9863	9863	dispensing, delivery, or administering of an anabolic
9864	9864	steroid or growth hormone in any manner not allowed by
9865	9865	state law. State law provides that body building,
9866	9866	muscle enhancement, or increasing muscle bulk or
9867	9867	strength through the use of an anabolic steroid by a
9868	9868	person who is in good health is not a valid medical
9869	9869	purpose. Only a medical doctor may prescribe an
9870	9870	anabolic steroid or human growth hormone for a person.
9871	9871	A violation of state law concerning anabolic steroids
9872	9872	or human growth hormones is a criminal offense
9873	9873	punishable by confinement in jail or imprisonment in
9874	9874	the Texas Department of Criminal Justice
9875	9875	[Corrections].
9876	9876	SECTION 25.052. Section 52.40(a), Education Code, is
9877	9877	amended to read as follows:
9878	9878	(a) The board may cancel the repayment of a loan received by
9879	9879	a student who earns a doctorate of psychology degree and who, prior
9880	9880	to the date on which repayment of the loan is to commence, is
9881	9881	employed by the Department of Aging and Disability Services, the
9882	9882	Department of State Health Services, or the Health and Human
9883	9883	Services Commission and performs duties formerly performed by
9884	9884	employees of the Texas Department of Human Services or Texas
9885	9885	Department of Mental Health and Mental Retardation, the Texas Youth
9886	9886	Commission, or the [Texas Department of Human Services,] Texas
9887	9887	Department of Criminal Justice [Corrections, or Texas Department of
9888	9888	Mental Health and Mental Retardation prior to the date on which
9889	9889	repayment of the loan is to commence].
9890	9890	SECTION 25.053. Section 61.532(a), Education Code, is
9891	9891	amended to read as follows:
9892	9892	(a) To be eligible to receive repayment assistance, a
9893	9893	physician must apply to the coordinating board and have completed
9894	9894	at least one year of medical practice:
9895	9895	(1) in private practice in an economically depressed
9896	9896	or rural medically underserved area of the state;
9897	9897	(2) for one of the following state agencies:
9898	9898	(A) Texas Department of Health;
9899	9899	(B) Texas Department of Mental Health and Mental
9900	9900	Retardation;
9901	9901	(C) Texas Department of Criminal Justice
9902	9902	[Corrections]; or
9903	9903	(D) Texas Youth Commission; or
9904	9904	(3) for an approved family practice residency training
9905	9905	program established under Subchapter I as a clinical faculty
9906	9906	member and have completed training in an approved family practice
9907	9907	residency training program on or after July 1, 1994.
9908	9908	SECTION 25.054. Section 88.109, Education Code, is amended
9909	9909	to read as follows:
9910	9910	Sec. 88.109. USE OF CERTAIN DEPARTMENT OF CRIMINAL JUSTICE
9911	9911	[CORRECTIONS] LAND FOR REFORESTATION. The several tracts of land
9912	9912	in Cherokee County near Maydelle, consisting of approximately 2,150
9913	9913	acres, owned by the Texas Department of Criminal Justice
9914	9914	[Corrections], is set aside for reforestation purposes to be used
9915	9915	by Texas A&M University to demonstrate reforestation work.
9916	9916	SECTION 25.055. Section 1001.555(d), Education Code, is
9917	9917	amended to read as follows:
9918	9918	(d) An offense under this section is a felony punishable by
9919	9919	imprisonment in the [institutional division of the] Texas
9920	9920	Department of Criminal Justice for a term not to exceed five years.
9921	9921	SECTION 25.056. Section 6.004(a), Family Code, is amended
9922	9922	to read as follows:
9923	9923	(a) The court may grant a divorce in favor of one spouse if
9924	9924	during the marriage the other spouse:
9925	9925	(1) has been convicted of a felony;
9926	9926	(2) has been imprisoned for at least one year in the
9927	9927	Texas Department of Criminal Justice [state penitentiary], a
9928	9928	federal penitentiary, or the penitentiary of another state; and
9929	9929	(3) has not been pardoned.
9930	9930	SECTION 25.057. Section 45.103(b), Family Code, is amended
9931	9931	to read as follows:
9932	9932	(b) A court may order a change of name under this subchapter
9933	9933	for a person with a final felony conviction if, in addition to the
9934	9934	requirements of Subsection (a), the person has:
9935	9935	(1) received a certificate of discharge by the
9936	9936	[pardons and paroles division of the] Texas Department of Criminal
9937	9937	Justice or completed a period of community supervision or juvenile
9938	9938	probation ordered by a court and not less than two years have passed
9939	9939	from the date of the receipt of discharge or completion of community
9940	9940	supervision or juvenile probation; or
9941	9941	(2) been pardoned.
9942	9942	SECTION 25.058. Sections 54.11(a) and (i), Family Code, are
9943	9943	amended to read as follows:
9944	9944	(a) On receipt of a referral under Section 61.079(a), Human
9945	9945	Resources Code, for the transfer to the [institutional division of
9946	9946	the] Texas Department of Criminal Justice of a person committed to
9947	9947	the Texas Youth Commission under Section 54.04(d)(3), 54.04(m), or
9948	9948	54.05(f), or on receipt of a request by the commission under Section
9949	9949	61.081(g), Human Resources Code, for approval of the release under
9950	9950	supervision of a person committed to the commission under Section
9951	9951	54.04(d)(3), 54.04(m), or 54.05(f), the court shall set a time and
9952	9952	place for a hearing on the release of the person.
9953	9953	(i) On conclusion of the hearing on a person who is referred
9954	9954	for transfer under Section 61.079(a), Human Resources Code, the
9955	9955	court may order:
9956	9956	(1) the return of the person to the Texas Youth
9957	9957	Commission; or
9958	9958	(2) the transfer of the person to the custody of the
9959	9959	[institutional division of the] Texas Department of Criminal
9960	9960	Justice for the completion of the person's sentence.
9961	9961	SECTION 25.059. Section 56.01(c), Family Code, is amended
9962	9962	to read as follows:
9963	9963	(c) An appeal may be taken:
9964	9964	(1) except as provided by Subsection (n), by or on
9965	9965	behalf of a child from an order entered under:
9966	9966	(A) Section 54.03 with regard to delinquent
9967	9967	conduct or conduct indicating a need for supervision;
9968	9968	(B) Section 54.04 disposing of the case;
9969	9969	(C) Section 54.05 respecting modification of a
9970	9970	previous juvenile court disposition; or
9971	9971	(D) Chapter 55 by a juvenile court committing a
9972	9972	child to a facility for the mentally ill or mentally retarded; or
9973	9973	(2) by a person from an order entered under Section
9974	9974	54.11(i)(2) transferring the person to the custody of the
9975	9975	[institutional division of the] Texas Department of Criminal
9976	9976	Justice.
9977	9977	SECTION 25.060. Section 57.002(a), Family Code, is amended
9978	9978	to read as follows:
9979	9979	(a) A victim, guardian of a victim, or close relative of a
9980	9980	deceased victim is entitled to the following rights within the
9981	9981	juvenile justice system:
9982	9982	(1) the right to receive from law enforcement agencies
9983	9983	adequate protection from harm and threats of harm arising from
9984	9984	cooperation with prosecution efforts;
9985	9985	(2) the right to have the court or person appointed by
9986	9986	the court take the safety of the victim or the victim's family into
9987	9987	consideration as an element in determining whether the child should
9988	9988	be detained before the child's conduct is adjudicated;
9989	9989	(3) the right, if requested, to be informed of
9990	9990	relevant court proceedings, including appellate proceedings, and
9991	9991	to be informed in a timely manner if those court proceedings have
9992	9992	been canceled or rescheduled;
9993	9993	(4) the right to be informed, when requested, by the
9994	9994	court or a person appointed by the court concerning the procedures
9995	9995	in the juvenile justice system, including general procedures
9996	9996	relating to:
9997	9997	(A) the preliminary investigation and deferred
9998	9998	prosecution of a case; and
9999	9999	(B) the appeal of the case;
10000	10000	(5) the right to provide pertinent information to a
10001	10001	juvenile court conducting a disposition hearing concerning the
10002	10002	impact of the offense on the victim and the victim's family by
10003	10003	testimony, written statement, or any other manner before the court
10004	10004	renders its disposition;
10005	10005	(6) the right to receive information regarding
10006	10006	compensation to victims as provided by Subchapter B, Chapter 56,
10007	10007	Code of Criminal Procedure, including information related to the
10008	10008	costs that may be compensated under that subchapter and the amount
10009	10009	of compensation, eligibility for compensation, and procedures for
10010	10010	application for compensation under that subchapter, the payment of
10011	10011	medical expenses under Section 56.06, Code of Criminal Procedure,
10012	10012	for a victim of a sexual assault, and when requested, to referral to
10013	10013	available social service agencies that may offer additional
10014	10014	assistance;
10015	10015	(7) the right to be informed, upon request, of
10016	10016	procedures for release under supervision or transfer of the person
10017	10017	to the custody of the [pardons and paroles division of the] Texas
10018	10018	Department of Criminal Justice for parole, to participate in the
10019	10019	release or transfer for parole process, to be notified, if
10020	10020	requested, of the person's release, escape, or transfer for parole
10021	10021	proceedings concerning the person, to provide to the Texas Youth
10022	10022	Commission for inclusion in the person's file information to be
10023	10023	considered by the commission before the release under supervision
10024	10024	or transfer for parole of the person, and to be notified, if
10025	10025	requested, of the person's release or transfer for parole;
10026	10026	(8) the right to be provided with a waiting area,
10027	10027	separate or secure from other witnesses, including the child
10028	10028	alleged to have committed the conduct and relatives of the child,
10029	10029	before testifying in any proceeding concerning the child, or, if a
10030	10030	separate waiting area is not available, other safeguards should be
10031	10031	taken to minimize the victim's contact with the child and the
10032	10032	child's relatives and witnesses, before and during court
10033	10033	proceedings;
10034	10034	(9) the right to prompt return of any property of the
10035	10035	victim that is held by a law enforcement agency or the attorney for
10036	10036	the state as evidence when the property is no longer required for
10037	10037	that purpose;
10038	10038	(10) the right to have the attorney for the state
10039	10039	notify the employer of the victim, if requested, of the necessity of
10040	10040	the victim's cooperation and testimony in a proceeding that may
10041	10041	necessitate the absence of the victim from work for good cause;
10042	10042	(11) the right to be present at all public court
10043	10043	proceedings related to the conduct of the child as provided by
10044	10044	Section 54.08, subject to that section; and
10045	10045	(12) any other right appropriate to the victim that a
10046	10046	victim of criminal conduct has under Article 56.02, Code of
10047	10047	Criminal Procedure.
10048	10048	SECTION 25.061. Sections 58.007(a) and (d), Family Code,
10049	10049	are amended to read as follows:
10050	10050	(a) This section applies only to the inspection and
10051	10051	maintenance of a physical record or file concerning a child and the
10052	10052	storage of information, by electronic means or otherwise,
10053	10053	concerning the child from which a physical record or file could be
10054	10054	generated and does not affect the collection, dissemination, or
10055	10055	maintenance of information as provided by Subchapter B. This
10056	10056	section does not apply to a record or file relating to a child that
10057	10057	is:
10058	10058	(1) required or authorized to be maintained under the
10059	10059	laws regulating the operation of motor vehicles in this state;
10060	10060	(2) maintained by a municipal or justice court; or
10061	10061	(3) subject to disclosure under Chapter 62, Code of
10062	10062	Criminal Procedure[, as added by Chapter 668, Acts of the 75th
10063	10063	Legislature, Regular Session, 1997].
10064	10064	(d) The law enforcement files and records of a person who is
10065	10065	transferred from the Texas Youth Commission to the [institutional
10066	10066	division or the pardons and paroles division of the] Texas
10067	10067	Department of Criminal Justice may be transferred to a central
10068	10068	state or federal depository for adult records on or after the date
10069	10069	of transfer.
10070	10070	SECTION 25.062. Section 89.101(b), Finance Code, is amended
10071	10071	to read as follows:
10072	10072	(b) An offense under Subsection (a) is punishable by:
10073	10073	(1) a fine not to exceed $2,500;
10074	10074	(2) imprisonment in the [institutional division of
10075	10075	the] Texas Department of Criminal Justice for not more than two
10076	10076	years; or
10077	10077	(3) both the fine and imprisonment.
10078	10078	SECTION 25.063. Section 22.012(a), Government Code, is
10079	10079	amended to read as follows:
10080	10080	(a) Each attorney representing the state in the prosecution
10081	10081	of felonies and each district court judge shall, as an official
10082	10082	duty, each year complete a course of instruction related to the
10083	10083	diversion of offenders from confinement in the Texas Department of
10084	10084	Criminal Justice [institutional division].
10085	10085	SECTION 25.064. Section 76.003(c), Government Code, is
10086	10086	amended to read as follows:
10087	10087	(c) The community justice council shall appoint a community
10088	10088	justice task force to provide support staff for the development of a
10089	10089	community justice plan. The task force may consist of any number of
10090	10090	members, but should include:
10091	10091	(1) the county or regional director of the Texas
10092	10092	Department of Human Services with responsibility for the area
10093	10093	served by the department;
10094	10094	(2) the chief of police of the most populous
10095	10095	municipality served by the department;
10096	10096	(3) the chief juvenile probation officer of the
10097	10097	juvenile probation office serving the most populous area served by
10098	10098	the department;
10099	10099	(4) the superintendent of the most populous school
10100	10100	district served by the department;
10101	10101	(5) the supervisor of the Department of Public Safety
10102	10102	region closest to the department, or the supervisor's designee;
10103	10103	(6) the county or regional director of the Texas
10104	10104	Department of Mental Health and Mental Retardation with
10105	10105	responsibility for the area served by the department;
10106	10106	(7) a substance abuse treatment professional
10107	10107	appointed by the Council of Governments serving the area served by
10108	10108	the department;
10109	10109	(8) the department director;
10110	10110	(9) the local or regional representative of the parole
10111	10111	[pardons and paroles] division of the Texas Department of Criminal
10112	10112	Justice with responsibility for the area served by the department;
10113	10113	(10) the representative of the Texas Workforce
10114	10114	Commission with responsibility for the area served by the
10115	10115	department;
10116	10116	(11) the representative of the Department of Assistive
10117	10117	and Rehabilitative Services [Texas Rehabilitation Commission] with
10118	10118	responsibility for the area served by the department;
10119	10119	(12) a licensed attorney who practices in the area
10120	10120	served by the department and whose practice consists primarily of
10121	10121	criminal law;
10122	10122	(13) a court administrator, if one serves the area
10123	10123	served by the department;
10124	10124	(14) a representative of a community service
10125	10125	organization that provides adult treatment, educational, or
10126	10126	vocational services to the area served by the department;
10127	10127	(15) a representative of an organization in the area
10128	10128	served by the department that is actively involved in issues
10129	10129	relating to defendants' rights, chosen by the county commissioners
10130	10130	and county judges of the counties served by the department; and
10131	10131	(16) an advocate for rights of victims of crime and
10132	10132	awareness of issues affecting victims.
10133	10133	SECTION 25.065. Section 76.010(a)(2), Government Code, is
10134	10134	amended to read as follows:
10135	10135	(2) "State jail felony facility" means a facility
10136	10136	operated or contracted for by the [state jail division of the] Texas
10137	10137	Department of Criminal Justice under Subchapter A, Chapter 507, for
10138	10138	the confinement of individuals convicted of state jail felonies.
10139	10139	SECTION 25.066. Sections 76.010(c), (e), and (f),
10140	10140	Government Code, are amended to read as follows:
10141	10141	(c) The department may authorize expenditures of funds
10142	10142	provided by the division to the department for the purposes of
10143	10143	providing facilities, equipment, and utilities for community
10144	10144	corrections facilities or state jail felony facilities if:
10145	10145	(1) the community justice council recommends the
10146	10146	expenditures; and
10147	10147	(2) the division, or the correctional institutions
10148	10148	division of the Texas Department of Criminal Justice [state jail
10149	10149	division] in the case of a state jail felony facility, provides
10150	10150	funds for the purpose of assisting in the establishment or
10151	10151	improvement of the facilities.
10152	10152	(e) A department, county, municipality, or a combination
10153	10153	involving more than one of those entities may not use a facility or
10154	10154	real property purchased, acquired, or improved with state funds
10155	10155	unless the division, or the correctional institutions division of
10156	10156	the Texas Department of Criminal Justice [state jail division] in
10157	10157	the case of a state jail felony facility, first approves the use.
10158	10158	(f) The division or the correctional institutions division
10159	10159	of the Texas Department of Criminal Justice [state jail division],
10160	10160	in the case of a state jail felony facility, is entitled to
10161	10161	reimbursement from an entity described by Subsection (e) of all
10162	10162	state funds used by the entity without the [division] approval [as]
10163	10163	required by Subsection (e).
10164	10164	SECTION 25.067. Section 402.024(a), Government Code, is
10165	10165	amended to read as follows:
10166	10166	(a) The attorney general shall defend a state district
10167	10167	attorney in an action in a federal court if:
10168	10168	(1) the district attorney is a defendant because of
10169	10169	the district attorney's office;
10170	10170	(2) the cause of action accrued while the person
10171	10171	filing the action was confined in the [a] Texas Department of
10172	10172	Criminal Justice [Corrections facility];
10173	10173	(3) the district attorney requests the attorney
10174	10174	general's assistance in the defense; and
10175	10175	(4) there is no action pending against the district
10176	10176	attorney in which the attorney general is required to represent the
10177	10177	state.
10178	10178	SECTION 25.068. Section 403.071(f), Government Code, is
10179	10179	amended to read as follows:
10180	10180	(f) A person commits an offense if the person knowingly
10181	10181	makes a false certificate on a claim against the state for the
10182	10182	purpose of authenticating a claim against the state. An offense
10183	10183	under this section is punishable by imprisonment in the
10184	10184	[institutional division of the] Texas Department of Criminal
10185	10185	Justice for not less than two or more than five years.
10186	10186	SECTION 25.069. Section 431.081(b), Government Code, is
10187	10187	amended to read as follows:
10188	10188	(b) A person is exempt from military duty, except in case of
10189	10189	war, insurrection, invasion, or imminent danger of war,
10190	10190	insurrection, or invasion if the person is:
10191	10191	(1) the lieutenant governor;
10192	10192	(2) a member or officer of the legislature;
10193	10193	(3) a judge or clerk of a court of record;
10194	10194	(4) a head of a state agency;
10195	10195	(5) a sheriff, district attorney, county attorney,
10196	10196	county tax assessor-collector, or county commissioner;
10197	10197	(6) a mayor, council member, alderman, or assessor and
10198	10198	collector of a municipality;
10199	10199	(7) an officer or employee of the Texas Department of
10200	10200	Criminal Justice [Corrections], a state hospital or special school,
10201	10201	a public or private hospital, or a nursing home;
10202	10202	(8) a member of a regularly organized and paid fire or
10203	10203	police department in a municipality, except that a person is not
10204	10204	relieved of military duty by joining such a department;
10205	10205	(9) a minister of the gospel exclusively engaged in
10206	10206	that calling; or
10207	10207	(10) a person who conscientiously scruples against
10208	10208	bearing arms.
10209	10209	SECTION 25.070. Section 434.037, Government Code, is
10210	10210	amended to read as follows:
10211	10211	Sec. 434.037. ACCESS TO RECORDS. A state eleemosynary or
10212	10212	penal institution shall give an officer access to its records to
10213	10213	enable the officer to determine the status of a person confined in
10214	10214	the institution relating to a benefit to which the person may be
10215	10215	entitled. Access to records of a penal institution is governed by
10216	10216	rules of the Texas Department of Criminal Justice [Corrections].
10217	10217	SECTION 25.071. Section 551.080, Government Code, is
10218	10218	amended to read as follows:
10219	10219	Sec. 551.080. BOARD OF PARDONS AND PAROLES. This chapter
10220	10220	does not require the Board of Pardons and Paroles to conduct an open
10221	10221	meeting to interview or counsel an inmate of [a facility of the
10222	10222	institutional division of] the Texas Department of Criminal
10223	10223	Justice.
10224	10224	SECTION 25.072. Section 557.001(b), Government Code, is
10225	10225	amended to read as follows:
10226	10226	(b) An offense under this section is a felony punishable by:
10227	10227	(1) a fine not to exceed $20,000;
10228	10228	(2) confinement in the [institutional division of the]
10229	10229	Texas Department of Criminal Justice for a term of not less than one
10230	10230	year or more than 20 years; or
10231	10231	(3) both fine and imprisonment.
10232	10232	SECTION 25.073. Section 557.011(b), Government Code, is
10233	10233	amended to read as follows:
10234	10234	(b) An offense under this section is a felony punishable by
10235	10235	confinement in the [institutional division of the] Texas Department
10236	10236	of Criminal Justice for a term of not less than two years or more
10237	10237	than 20 years.
10238	10238	SECTION 25.074. Section 557.012(b), Government Code, is
10239	10239	amended to read as follows:
10240	10240	(b) An offense under this section is punishable by:
10241	10241	(1) death; or
10242	10242	(2) confinement in the [institutional division of the]
10243	10243	Texas Department of Criminal Justice for:
10244	10244	(A) life; or
10245	10245	(B) a term of not less than two years.
10246	10246	SECTION 25.075. Section 615.003, Government Code, is
10247	10247	amended to read as follows:
10248	10248	Sec. 615.003. APPLICABILITY. This chapter applies only to
10249	10249	eligible survivors of the following individuals:
10250	10250	(1) an individual elected, appointed, or employed as a
10251	10251	peace officer by the state or a political subdivision of the state
10252	10252	under Article 2.12, Code of Criminal Procedure, or other law;
10253	10253	(2) a paid probation officer appointed by the director
10254	10254	of a community supervision and corrections department who has the
10255	10255	duties set out in Section 76.002 and the qualifications set out in
10256	10256	Section 76.005, or who was appointed in accordance with prior law;
10257	10257	(3) a parole officer employed by the [pardons and
10258	10258	paroles division of the] Texas Department of Criminal Justice who
10259	10259	has the duties set out in Section 508.001 and the qualifications set
10260	10260	out in Section 508.113 or in prior law;
10261	10261	(4) a paid jailer;
10262	10262	(5) a member of an organized police reserve or
10263	10263	auxiliary unit who regularly assists peace officers in enforcing
10264	10264	criminal laws;
10265	10265	(6) a member of the class of employees of the
10266	10266	correctional institutions [institutional] division [or the state
10267	10267	jail division of the Texas Department of Criminal Justice] formally
10268	10268	designated as custodial personnel under Section 615.006 by the
10269	10269	Texas Board of Criminal Justice or its predecessor in function;
10270	10270	(7) a jailer or guard of a county jail who is appointed
10271	10271	by the sheriff and who:
10272	10272	(A) performs a security, custodial, or
10273	10273	supervisory function over the admittance, confinement, or
10274	10274	discharge of prisoners; and
10275	10275	(B) is certified by the Commission on Law
10276	10276	Enforcement Officer Standards and Education;
10277	10277	(8) a juvenile correctional employee of the Texas
10278	10278	Youth Commission;
10279	10279	(9) an employee of the Department of Aging and
10280	10280	Disability Services or Department of State Health Services [Texas
10281	10281	Department of Mental Health and Mental Retardation] who:
10282	10282	(A) works at the department's maximum security
10283	10283	unit; or
10284	10284	(B) performs on-site services for the Texas
10285	10285	Department of Criminal Justice;
10286	10286	(10) an individual who is employed by the state or a
10287	10287	political or legal subdivision and is subject to certification by
10288	10288	the Texas Commission on Fire Protection;
10289	10289	(11) an individual employed by the state or a
10290	10290	political or legal subdivision whose principal duties are aircraft
10291	10291	crash and rescue fire fighting;
10292	10292	(12) a member of an organized volunteer fire-fighting
10293	10293	unit that:
10294	10294	(A) renders fire-fighting services without
10295	10295	remuneration; and
10296	10296	(B) conducts a minimum of two drills each month,
10297	10297	each two hours long;
10298	10298	(13) an individual who:
10299	10299	(A) performs emergency medical services or
10300	10300	operates an ambulance;
10301	10301	(B) is employed by a political subdivision of the
10302	10302	state or is an emergency medical services volunteer as defined by
10303	10303	Section 773.003, Health and Safety Code; and
10304	10304	(C) is qualified as an emergency care attendant
10305	10305	or at a higher level of training under Section 773.046, 773.047,
10306	10306	773.048, 773.049, or 773.0495, Health and Safety Code; or
10307	10307	(14) an individual who is employed or formally
10308	10308	designated as a chaplain for:
10309	10309	(A) an organized volunteer fire-fighting unit or
10310	10310	other fire department of this state or of a political subdivision of
10311	10311	this state;
10312	10312	(B) a law enforcement agency of this state or of a
10313	10313	political subdivision of this state; or
10314	10314	(C) the Texas Department of Criminal Justice.
10315	10315	SECTION 25.076. Section 615.121(a), Government Code, is
10316	10316	amended to read as follows:
10317	10317	(a) The state shall pay the following benefits to an
10318	10318	eligible surviving spouse of a peace officer or an employee of the
10319	10319	[institutional division or state jail division of the] Texas
10320	10320	Department of Criminal Justice, as described by Section 615.003(1)
10321	10321	or (6), who was killed in the line of duty and who had not qualified
10322	10322	for an annuity under an employees' retirement plan:
10323	10323	(1) funeral expenses related to the deceased officer
10324	10324	or employee; and
10325	10325	(2) monthly payments that equal the greater of:
10326	10326	(A) the monthly annuity payment the deceased
10327	10327	officer or employee would have received if the officer or employee
10328	10328	had survived, had retired on the last day of the month in which the
10329	10329	officer or employee died, and had been eligible to receive an
10330	10330	annuity under an employees' retirement plan; or
10331	10331	(B) the minimum monthly annuity payment the
10332	10332	deceased officer or employee would have received if the officer or
10333	10333	employee had been employed by the state for 10 years, had been paid
10334	10334	a salary at the lowest amount provided by the General
10335	10335	Appropriations Act for a position of peace officer or employee of
10336	10336	the [institutional division or state jail division of the] Texas
10337	10337	Department of Criminal Justice, as described by Section 615.003(1)
10338	10338	or (6), and had been eligible to retire under the Employees
10339	10339	Retirement System of Texas.
10340	10340	SECTION 25.077. Section 615.122, Government Code, is
10341	10341	amended to read as follows:
10342	10342	Sec. 615.122. PAYMENT TO SURVIVING MINOR CHILDREN. If an
10343	10343	eligible surviving spouse who would be entitled to benefits under
10344	10344	Section 615.121 does not exist but one or more eligible surviving
10345	10345	minor children of the deceased peace officer or employee of the
10346	10346	[institutional division or state jail division of the] Texas
10347	10347	Department of Criminal Justice, as described by Section 615.003(1)
10348	10348	or (6), do exist, the state shall pay to the guardian or other legal
10349	10349	representative of those children the funeral expenses of the
10350	10350	deceased officer or employee.
10351	10351	SECTION 25.078. Section 618.009(b), Government Code, is
10352	10352	amended to read as follows:
10353	10353	(b) An offense under this section is a felony punishable by
10354	10354	imprisonment in the [institutional division of the] Texas
10355	10355	Department of Criminal Justice for any term of not more than seven
10356	10356	years or less than two years.
10357	10357	SECTION 25.079. Section 659.301(5), Government Code, is
10358	10358	amended to read as follows:
10359	10359	(5) "State employee" means an individual who:
10360	10360	(A) is a commissioned law enforcement officer of
10361	10361	the Department of Public Safety, the Texas Facilities [General
10362	10362	Services] Commission, the Texas Alcoholic Beverage Commission, or
10363	10363	the [institutional division of the] Texas Department of Criminal
10364	10364	Justice;
10365	10365	(B) is a commissioned security officer of the
10366	10366	comptroller;
10367	10367	(C) is a law enforcement officer commissioned by
10368	10368	the Parks and Wildlife Commission;
10369	10369	(D) is a commissioned peace officer of an
10370	10370	institution of higher education;
10371	10371	(E) is an employee or official of the Board of
10372	10372	Pardons and Paroles or the parole [pardons and paroles] division of
10373	10373	the Texas Department of Criminal Justice if the employee or
10374	10374	official has routine direct contact with inmates of any penal or
10375	10375	correctional institution or with administratively released
10376	10376	prisoners subject to the board's jurisdiction;
10377	10377	(F) has been certified to the Employees
10378	10378	Retirement System of Texas under Section 815.505 as having begun
10379	10379	employment as a law enforcement officer or custodial officer,
10380	10380	unless the individual has been certified to the system as having
10381	10381	ceased employment as a law enforcement officer or custodial
10382	10382	officer; or
10383	10383	(G) before May 29, 1987, received hazardous duty
10384	10384	pay based on the terms of any state law if the individual holds a
10385	10385	position designated under that law as eligible for the pay.
10386	10386	SECTION 25.080. Section 791.021, Government Code, is
10387	10387	amended to read as follows:
10388	10388	Sec. 791.021. CONTRACTS FOR REGIONAL CORRECTIONAL
10389	10389	FACILITIES. The parties to an interlocal contract may contract
10390	10390	with the [institutional division of the] Texas Department of
10391	10391	Criminal Justice for the construction, operation, and maintenance
10392	10392	of a regional correctional facility if:
10393	10393	(1) title to the land on which the facility is to be
10394	10394	constructed is deeded to the department [institutional division];
10395	10395	and
10396	10396	(2) the parties execute a contract relating to the
10397	10397	payment of costs for housing, maintenance, and rehabilitative
10398	10398	treatment of persons held in jails who cannot otherwise be
10399	10399	transferred under authority of existing statutes to the direct
10400	10400	responsibility of the department [institutional division].
10401	10401	SECTION 25.081. Section 811.001(8), Government Code, is
10402	10402	amended to read as follows:
10403	10403	(8) "Custodial officer" means a member of the
10404	10404	retirement system who is employed by the Board of Pardons and
10405	10405	Paroles or the Texas Department of Criminal Justice as a parole
10406	10406	officer or caseworker or who is employed by the correctional
10407	10407	institutions [institutional] division [or the state jail division]
10408	10408	of the Texas Department of Criminal Justice and certified by the
10409	10409	department as having a normal job assignment that requires frequent
10410	10410	or infrequent regularly planned contact with, and in close
10411	10411	proximity to, inmates or defendants of the correctional
10412	10412	institutions [institutional] division [or inmates or defendants
10413	10413	confined in the state jail division] without the protection of
10414	10414	bars, doors, security screens, or similar devices and includes
10415	10415	assignments normally involving supervision or the potential for
10416	10416	supervision of inmates in inmate housing areas, educational or
10417	10417	recreational facilities, industrial shops, kitchens, laundries,
10418	10418	medical areas, agricultural shops or fields, or in other areas on or
10419	10419	away from property of the department [institutional division or the
10420	10420	state jail division]. The term includes a member who transfers from
10421	10421	the Texas Department of Criminal Justice to the managed health care
10422	10422	unit of The University of Texas Medical Branch or the Texas Tech
10423	10423	University Health Sciences Center pursuant to Section 9.01, Chapter
10424	10424	238, Acts of the 73rd Legislature, 1993, elects at the time of
10425	10425	transfer to retain membership in the retirement system, and is
10426	10426	certified by the managed health care unit or the health sciences
10427	10427	center as having a normal job assignment described by this
10428	10428	subdivision.
10429	10429	SECTION 25.082. Section 811.102(a), Government Code, is
10430	10430	amended to read as follows:
10431	10431	(a) An offense under Section 811.101(a) or 811.101(b) is a
10432	10432	felony punishable by imprisonment in the Texas Department of
10433	10433	Criminal Justice [Corrections] for not less than one nor more than
10434	10434	five years.
10435	10435	SECTION 25.083. Sections 813.506(a) and (b), Government
10436	10436	Code, are amended to read as follows:
10437	10437	(a) The Texas Department of Criminal Justice, the managed
10438	10438	health care unit of The University of Texas Medical Branch, and the
10439	10439	Texas Tech University Health Sciences Center by rule shall adopt
10440	10440	standards for determining eligibility for service credit as a
10441	10441	custodial officer, based on the need to encourage early retirement
10442	10442	of persons whose duties are hazardous and require them to have
10443	10443	routine contact with inmates of or defendants confined in [the
10444	10444	state jail division of] the Texas Department of Criminal Justice on
10445	10445	a regular basis.
10446	10446	(b) To be creditable as custodial officer service, service
10447	10447	performed must be performed as a parole officer or caseworker or
10448	10448	must meet the requirements of the rules adopted under Subsection
10449	10449	(a) and be performed by persons in one of the following job
10450	10450	categories:
10451	10451	(1) all persons classified as Correctional Officer I
10452	10452	through warden, including training officers and special operations
10453	10453	reaction team officers;
10454	10454	(2) all other employees assigned to work on a unit and
10455	10455	whose jobs require routine contact with inmates or defendants
10456	10456	[confined in the state jail division], including but not limited to
10457	10457	farm managers, livestock supervisors, maintenance foremen, shop
10458	10458	foremen, medical assistants, food service supervisors, stewards,
10459	10459	education consultants, commodity specialists, and correctional
10460	10460	counselors;
10461	10461	(3) employees assigned to administrative offices
10462	10462	whose jobs require routine contact with inmates or defendants
10463	10463	[confined in the state jail division] at least 50 percent of the
10464	10464	time, including but not limited to investigators, compliance
10465	10465	monitors, accountants routinely required to audit unit operations,
10466	10466	sociologists, interviewers, classification officers, and
10467	10467	supervising counselors; and
10468	10468	(4) administrative positions whose jobs require
10469	10469	response to emergency situations involving inmates or defendants
10470	10470	[confined in the state jail division], including but except as
10471	10471	specified not limited to the director, deputy directors, assistant
10472	10472	directors, and not more than 25 administrative duty officers.
10473	10473	SECTION 25.084. Section 821.102(a), Government Code, is
10474	10474	amended to read as follows:
10475	10475	(a) An offense under Section 821.101(a) or 821.101(b) is a
10476	10476	felony punishable by imprisonment in the Texas Department of
10477	10477	Criminal Justice [Corrections] for not less than one nor more than
10478	10478	five years.
10479	10479	SECTION 25.085. Section 1232.114(b), Government Code, is
10480	10480	amended to read as follows:
10481	10481	(b) This section does not apply to a minor renovation,
10482	10482	repair, or construction project at a facility operated by [of the
10483	10483	institutional division of] the Texas Department of Criminal Justice
10484	10484	for the imprisonment of individuals convicted of felonies other
10485	10485	than state jail felonies, as defined by the department [division]
10486	10486	in cooperation with the commission. Instead of submitting a
10487	10487	project analysis, the department [division] may substitute the
10488	10488	master plan required to be submitted by Section 1401.121 if the
10489	10489	master plan contains information substantially equivalent to the
10490	10490	information required to be in a project analysis under Sections
10491	10491	2166.151-2166.155.
10492	10492	SECTION 25.086. Section 1401.121(a), Government Code, is
10493	10493	amended to read as follows:
10494	10494	(a) Unless the [institutional division of the] Texas
10495	10495	Department of Criminal Justice has submitted to the Bond Review
10496	10496	Board a master plan for the construction of corrections facilities,
10497	10497	the proceeds of bonds issued under this chapter may not be:
10498	10498	(1) distributed to the department [division]; or
10499	10499	(2) used to finance a project of the correctional
10500	10500	institutions division of the department.
10501	10501	SECTION 25.087. Section 2001.223, Government Code, is
10502	10502	amended to read as follows:
10503	10503	Sec. 2001.223. EXCEPTIONS FROM DECLARATORY JUDGMENT, COURT
10504	10504	ENFORCEMENT, AND CONTESTED CASE PROVISIONS. Section 2001.038 and
10505	10505	Subchapters C through H do not apply to:
10506	10506	(1) except as provided by Section 531.019, the
10507	10507	granting, payment, denial, or withdrawal of financial or medical
10508	10508	assistance or benefits under service programs that were operated by
10509	10509	the former Texas Department of Human Services before September 1,
10510	10510	2003, and are operated on and after that date by the Health and
10511	10511	Human Services Commission or a health and human services agency, as
10512	10512	defined by Section 531.001;
10513	10513	(2) action by the Banking Commissioner or the Finance
10514	10514	Commission of Texas regarding the issuance of a state bank or state
10515	10515	trust company charter for a bank or trust company to assume the
10516	10516	assets and liabilities of a financial institution that the
10517	10517	commissioner considers to be in hazardous condition as defined by
10518	10518	Section 31.002(a) or 181.002(a), Finance Code, as applicable;
10519	10519	(3) a hearing or interview conducted by the Board of
10520	10520	Pardons and Paroles or the [pardons and paroles division of the]
10521	10521	Texas Department of Criminal Justice relating to the grant,
10522	10522	rescission, or revocation of parole or other form of administrative
10523	10523	release; or
10524	10524	(4) the suspension, revocation, or termination of the
10525	10525	certification of a breath analysis operator or technical supervisor
10526	10526	under the rules of the Department of Public Safety.
10527	10527	SECTION 25.088. Section 2166.003(b), Government Code, is
10528	10528	amended to read as follows:
10529	10529	(b) Only Sections 2166.104, 2166.151, 2166.152, 2166.153,
10530	10530	2166.154, 2166.155, 2166.251, 2166.252, and Subchapter H apply to
10531	10531	a construction project undertaken by or for [the institutional
10532	10532	division of] the Texas Department of Criminal Justice for the
10533	10533	imprisonment of individuals convicted of felonies other than state
10534	10534	jail felonies.
10535	10535	SECTION 25.089. Section 2303.402(c), Government Code, is
10536	10536	amended to read as follows:
10537	10537	(c) For the purposes of this section, an economically
10538	10538	disadvantaged individual is an individual who:
10539	10539	(1) was unemployed for at least three months before
10540	10540	obtaining employment with the qualified business;
10541	10541	(2) receives public assistance benefits, including
10542	10542	welfare payments or food stamps, based on need and intended to
10543	10543	alleviate poverty;
10544	10544	(3) is a low-income individual, as defined by Section
10545	10545	101, Workforce Investment Act of 1998 (29 U.S.C. Section 2801(25));
10546	10546	(4) is an individual with a disability, as defined by
10547	10547	29 U.S.C. Section 705(20)(A);
10548	10548	(5) is an inmate, as defined by Section 498.001;
10549	10549	(6) is entering the workplace after being confined in
10550	10550	a facility operated by [the institutional division of the Texas
10551	10551	Department of Criminal Justice] or under contract with the Texas
10552	10552	Department of Criminal Justice for the imprisonment of individuals
10553	10553	convicted of felonies other than state jail felonies;
10554	10554	(7) has been released by the Texas Youth Commission
10555	10555	and is on parole, if state law provides for such a person to be on
10556	10556	parole; or
10557	10557	(8) meets the current low income or moderate income
10558	10558	limits developed under Section 8, United States Housing Act of 1937
10559	10559	(42 U.S.C. Section 1437f et seq.).
10560	10560	SECTION 25.090. Section 2308.312, Government Code, is
10561	10561	amended to read as follows:
10562	10562	Sec. 2308.312. CAREER DEVELOPMENT CENTERS. (a) A board
10563	10563	shall establish career development centers accessible to students,
10564	10564	workers, and persons formerly sentenced to the [institutional
10565	10565	division or state jail division of the] Texas Department of
10566	10566	Criminal Justice throughout the workforce development area. The
10567	10567	board shall establish the centers not later than the 180th day after
10568	10568	the date the board is certified.
10569	10569	(b) Each center shall provide access to information and
10570	10570	services available in the workforce development area, including
10571	10571	employment services, and shall address the individual needs of
10572	10572	students, workers, and persons formerly sentenced to the Texas
10573	10573	Department of Criminal Justice [institutional division or state
10574	10574	jail division].
10575	10575	(c) The services must include:
10576	10576	(1) labor market information, including:
10577	10577	(A) available job openings; and
10578	10578	(B) education and training opportunities in the
10579	10579	local area, in the state, and, as feasible, in the nation;
10580	10580	(2) uniform eligibility requirements and application
10581	10581	procedures for all workforce training and services;
10582	10582	(3) independent assessment of individual needs and the
10583	10583	development of an individual service strategy;
10584	10584	(4) centralized and continuous case management and
10585	10585	counseling;
10586	10586	(5) individual referral for services, including basic
10587	10587	education, classroom skills training, on-the-job training, and
10588	10588	customized training;
10589	10589	(6) support services, including child care
10590	10590	assistance, student loans, and other forms of financial assistance
10591	10591	required to participate in and complete training; and
10592	10592	(7) job training and employment assistance for persons
10593	10593	formerly sentenced to the Texas Department of Criminal Justice
10594	10594	[institutional division or state jail division], provided in
10595	10595	cooperation with Project RIO.
10596	10596	SECTION 25.091. Section 61.003(f), Health and Safety Code,
10597	10597	is amended to read as follows:
10598	10598	(f) For purposes of this chapter, a person who is an inmate
10599	10599	or resident of a state school or institution operated by the Texas
10600	10600	Department of Criminal Justice [Corrections], [Texas] Department
10601	10601	of Aging and Disability Services [Mental Health and Mental
10602	10602	Retardation], Department of State Health Services, Texas Youth
10603	10603	Commission, Texas School for the Blind, Texas School for the Deaf,
10604	10604	or any other state agency or who is an inmate, patient, or resident
10605	10605	of a school or institution operated by a federal agency is not
10606	10606	considered a resident of a hospital district or of any governmental
10607	10607	entity except the state or federal government.
10608	10608	SECTION 25.092. Section 161.012(a), Health and Safety Code,
10609	10609	is amended to read as follows:
10610	10610	(a) A person commits an offense if the person violates
10611	10611	Section 161.011. An offense under this subsection is punishable by
10612	10612	confinement in the Texas Department of Criminal Justice [state
10613	10613	penitentiary] for not more than two years, a fine of not more than
10614	10614	$1,000, or both.
10615	10615	SECTION 25.093. Section 242.003, Health and Safety Code, is
10616	10616	amended to read as follows:
10617	10617	Sec. 242.003. EXEMPTIONS. Except as otherwise provided,
10618	10618	this chapter does not apply to:
10619	10619	(1) a hotel or other similar place that furnishes only
10620	10620	food, lodging, or both, to its guests;
10621	10621	(2) a hospital;
10622	10622	(3) an establishment conducted by or for the adherents
10623	10623	of a well-recognized church or religious denomination for the
10624	10624	purpose of providing facilities for the care or treatment of the
10625	10625	sick who depend exclusively on prayer or spiritual means for
10626	10626	healing, without the use of any drug or material remedy, if the
10627	10627	establishment complies with safety, sanitary, and quarantine laws
10628	10628	and rules;
10629	10629	(4) an establishment that furnishes, in addition to
10630	10630	food, shelter, and laundry, only baths and massages;
10631	10631	(5) an institution operated by a person licensed by
10632	10632	the Texas Board of Chiropractic Examiners;
10633	10633	(6) a facility that:
10634	10634	(A) primarily engages in training, habilitation,
10635	10635	rehabilitation, or education of clients or residents;
10636	10636	(B) is operated under the jurisdiction of a state
10637	10637	or federal agency, including the Department of Assistive and
10638	10638	Rehabilitative Services, Department of Aging and Disability
10639	10639	Services, Department of State Health Services, Health and Human
10640	10640	Services Commission [Texas Rehabilitation Commission, Texas
10641	10641	Department of Mental Health and Mental Retardation, Texas
10642	10642	Department of Human Services, Texas Commission for the Blind, Texas
10643	10643	Commission on Alcohol and Drug Abuse], [institutional division of
10644	10644	the] Texas Department of Criminal Justice, and Department of
10645	10645	Veterans Affairs [the Veteran's Administration]; and
10646	10646	(C) is certified through inspection or
10647	10647	evaluation as meeting the standards established by the state or
10648	10648	federal agency;
10649	10649	(7) a foster care type residential facility that
10650	10650	serves fewer than five persons and operates under rules adopted by
10651	10651	the Texas Department of Human Services or the executive
10652	10652	commissioner of the Health and Human Services Commission, as
10653	10653	applicable; and
10654	10654	(8) a facility licensed under Chapter 252 or exempt
10655	10655	from licensure under Section 252.003.
10656	10656	SECTION 25.094. Section 252.003, Health and Safety Code, is
10657	10657	amended to read as follows:
10658	10658	Sec. 252.003. EXEMPTIONS. Except as otherwise provided by
10659	10659	this chapter, this chapter does not apply to an establishment that:
10660	10660	(1) provides training, habilitation, rehabilitation,
10661	10661	or education to individuals with mental retardation or a related
10662	10662	condition;
10663	10663	(2) is operated under the jurisdiction of a state or
10664	10664	federal agency, including the Department of Assistive and
10665	10665	Rehabilitative Services, Department of Aging and Disability
10666	10666	Services, Department of State Health Services, Health and Human
10667	10667	Services Commission [department, the Texas Rehabilitation
10668	10668	Commission, the Texas Department of Mental Health and Mental
10669	10669	Retardation, the Texas Commission for the Blind, the Texas
10670	10670	Commission on Alcohol and Drug Abuse], [the institutional division
10671	10671	of the] Texas Department of Criminal Justice, and Department of
10672	10672	Veterans Affairs [or the Veterans' Administration];
10673	10673	(3) is certified through inspection or evaluation as
10674	10674	meeting the standards established by the state or federal agency;
10675	10675	and
10676	10676	(4) is conducted by or for the adherents of a
10677	10677	well-recognized church or religious denomination for the purpose of
10678	10678	providing facilities for the care or treatment of the sick who
10679	10679	depend exclusively on prayer or spiritual means for healing,
10680	10680	without the use of any drug or material remedy, if the establishment
10681	10681	complies with safety, sanitary, and quarantine laws and rules.
10682	10682	SECTION 25.095. Sections 481.112(e) and (f), Health and
10683	10683	Safety Code, are amended to read as follows:
10684	10684	(e) An offense under Subsection (a) is punishable by
10685	10685	imprisonment in the [institutional division of the] Texas
10686	10686	Department of Criminal Justice for life or for a term of not more
10687	10687	than 99 years or less than 10 years, and a fine not to exceed
10688	10688	$100,000, if the amount of the controlled substance to which the
10689	10689	offense applies is, by aggregate weight, including adulterants or
10690	10690	dilutants, 200 grams or more but less than 400 grams.
10691	10691	(f) An offense under Subsection (a) is punishable by
10692	10692	imprisonment in the [institutional division of the] Texas
10693	10693	Department of Criminal Justice for life or for a term of not more
10694	10694	than 99 years or less than 15 years, and a fine not to exceed
10695	10695	$250,000, if the amount of the controlled substance to which the
10696	10696	offense applies is, by aggregate weight, including adulterants or
10697	10697	dilutants, 400 grams or more.
10698	10698	SECTION 25.096. Section 481.1121(b), Health and Safety
10699	10699	Code, is amended to read as follows:
10700	10700	(b) An offense under this section is:
10701	10701	(1) a state jail felony if the number of abuse units of
10702	10702	the controlled substance is fewer than 20;
10703	10703	(2) a felony of the second degree if the number of
10704	10704	abuse units of the controlled substance is 20 or more but fewer than
10705	10705	80;
10706	10706	(3) a felony of the first degree if the number of abuse
10707	10707	units of the controlled substance is 80 or more but fewer than
10708	10708	4,000; and
10709	10709	(4) punishable by imprisonment in the [institutional
10710	10710	division of the] Texas Department of Criminal Justice for life or
10711	10711	for a term of not more than 99 years or less than 15 years and a fine
10712	10712	not to exceed $250,000, if the number of abuse units of the
10713	10713	controlled substance is 4,000 or more.
10714	10714	SECTION 25.097. Section 481.113(e), Health and Safety Code,
10715	10715	is amended to read as follows:
10716	10716	(e) An offense under Subsection (a) is punishable by
10717	10717	imprisonment in the [institutional division of the] Texas
10718	10718	Department of Criminal Justice for life or for a term of not more
10719	10719	than 99 years or less than 10 years, and a fine not to exceed
10720	10720	$100,000, if the amount of the controlled substance to which the
10721	10721	offense applies is, by aggregate weight, including adulterants or
10722	10722	dilutants, 400 grams or more.
10723	10723	SECTION 25.098. Section 481.114(e), Health and Safety Code,
10724	10724	is amended to read as follows:
10725	10725	(e) An offense under Subsection (a) is punishable by
10726	10726	imprisonment in the [institutional division of the] Texas
10727	10727	Department of Criminal Justice for life or for a term of not more
10728	10728	than 99 years or less than 10 years, and a fine not to exceed
10729	10729	$100,000, if the amount of the controlled substance to which the
10730	10730	offense applies is, by aggregate weight, including any adulterants
10731	10731	or dilutants, 400 grams or more.
10732	10732	SECTION 25.099. Section 481.115(f), Health and Safety Code,
10733	10733	is amended to read as follows:
10734	10734	(f) An offense under Subsection (a) is punishable by
10735	10735	imprisonment in the [institutional division of the] Texas
10736	10736	Department of Criminal Justice for life or for a term of not more
10737	10737	than 99 years or less than 10 years, and a fine not to exceed
10738	10738	$100,000, if the amount of the controlled substance possessed is,
10739	10739	by aggregate weight, including adulterants or dilutants, 400 grams
10740	10740	or more.
10741	10741	SECTION 25.100. Section 481.1151(b), Health and Safety
10742	10742	Code, is amended to read as follows:
10743	10743	(b) An offense under this section is:
10744	10744	(1) a state jail felony if the number of abuse units of
10745	10745	the controlled substance is fewer than 20;
10746	10746	(2) a felony of the third degree if the number of abuse
10747	10747	units of the controlled substance is 20 or more but fewer than 80;
10748	10748	(3) a felony of the second degree if the number of
10749	10749	abuse units of the controlled substance is 80 or more but fewer than
10750	10750	4,000;
10751	10751	(4) a felony of the first degree if the number of abuse
10752	10752	units of the controlled substance is 4,000 or more but fewer than
10753	10753	8,000; and
10754	10754	(5) punishable by imprisonment in the [institutional
10755	10755	division of the] Texas Department of Criminal Justice for life or
10756	10756	for a term of not more than 99 years or less than 15 years and a fine
10757	10757	not to exceed $250,000, if the number of abuse units of the
10758	10758	controlled substance is 8,000 or more.
10759	10759	SECTION 25.101. Section 481.116(e), Health and Safety Code,
10760	10760	is amended to read as follows:
10761	10761	(e) An offense under Subsection (a) is punishable by
10762	10762	imprisonment in the [institutional division of the] Texas
10763	10763	Department of Criminal Justice for life or for a term of not more
10764	10764	than 99 years or less than five years, and a fine not to exceed
10765	10765	$50,000, if the amount of the controlled substance possessed is, by
10766	10766	aggregate weight, including adulterants or dilutants, 400 grams or
10767	10767	more.
10768	10768	SECTION 25.102. Section 481.117(e), Health and Safety Code,
10769	10769	is amended to read as follows:
10770	10770	(e) An offense under Subsection (a) is punishable by
10771	10771	imprisonment in the [institutional division of the] Texas
10772	10772	Department of Criminal Justice for life or for a term of not more
10773	10773	than 99 years or less than five years, and a fine not to exceed
10774	10774	$50,000, if the amount of the controlled substance possessed is, by
10775	10775	aggregate weight, including adulterants or dilutants, 400 grams or
10776	10776	more.
10777	10777	SECTION 25.103. Section 481.118(e), Health and Safety Code,
10778	10778	is amended to read as follows:
10779	10779	(e) An offense under Subsection (a) is punishable by
10780	10780	imprisonment in the [institutional division of the] Texas
10781	10781	Department of Criminal Justice for life or for a term of not more
10782	10782	than 99 years or less than five years, and a fine not to exceed
10783	10783	$50,000, if the amount of the controlled substance possessed is, by
10784	10784	aggregate weight, including adulterants or dilutants, 400 grams or
10785	10785	more.
10786	10786	SECTION 25.104. Section 481.120(b), Health and Safety Code,
10787	10787	is amended to read as follows:
10788	10788	(b) An offense under Subsection (a) is:
10789	10789	(1) a Class B misdemeanor if the amount of marihuana
10790	10790	delivered is one-fourth ounce or less and the person committing the
10791	10791	offense does not receive remuneration for the marihuana;
10792	10792	(2) a Class A misdemeanor if the amount of marihuana
10793	10793	delivered is one-fourth ounce or less and the person committing the
10794	10794	offense receives remuneration for the marihuana;
10795	10795	(3) a state jail felony if the amount of marihuana
10796	10796	delivered is five pounds or less but more than one-fourth ounce;
10797	10797	(4) a felony of the second degree if the amount of
10798	10798	marihuana delivered is 50 pounds or less but more than five pounds;
10799	10799	(5) a felony of the first degree if the amount of
10800	10800	marihuana delivered is 2,000 pounds or less but more than 50 pounds;
10801	10801	and
10802	10802	(6) punishable by imprisonment in the [institutional
10803	10803	division of the] Texas Department of Criminal Justice for life or
10804	10804	for a term of not more than 99 years or less than 10 years, and a
10805	10805	fine not to exceed $100,000, if the amount of marihuana delivered is
10806	10806	more than 2,000 pounds.
10807	10807	SECTION 25.105. Section 481.121(b), Health and Safety Code,
10808	10808	is amended to read as follows:
10809	10809	(b) An offense under Subsection (a) is:
10810	10810	(1) a Class B misdemeanor if the amount of marihuana
10811	10811	possessed is two ounces or less;
10812	10812	(2) a Class A misdemeanor if the amount of marihuana
10813	10813	possessed is four ounces or less but more than two ounces;
10814	10814	(3) a state jail felony if the amount of marihuana
10815	10815	possessed is five pounds or less but more than four ounces;
10816	10816	(4) a felony of the third degree if the amount of
10817	10817	marihuana possessed is 50 pounds or less but more than 5 pounds;
10818	10818	(5) a felony of the second degree if the amount of
10819	10819	marihuana possessed is 2,000 pounds or less but more than 50 pounds;
10820	10820	and
10821	10821	(6) punishable by imprisonment in the [institutional
10822	10822	division of the] Texas Department of Criminal Justice for life or
10823	10823	for a term of not more than 99 years or less than 5 years, and a fine
10824	10824	not to exceed $50,000, if the amount of marihuana possessed is more
10825	10825	than 2,000 pounds.
10826	10826	SECTION 25.106. Section 481.126(a), Health and Safety Code,
10827	10827	is amended to read as follows:
10828	10828	(a) A person commits an offense if the person:
10829	10829	(1) barters property or expends funds the person knows
10830	10830	are derived from the commission of an offense under this chapter
10831	10831	punishable by imprisonment in the [institutional division of the]
10832	10832	Texas Department of Criminal Justice for life;
10833	10833	(2) barters property or expends funds the person knows
10834	10834	are derived from the commission of an offense under Section
10835	10835	481.121(a) that is punishable under Section 481.121(b)(5);
10836	10836	(3) barters property or finances or invests funds the
10837	10837	person knows or believes are intended to further the commission of
10838	10838	an offense for which the punishment is described by Subdivision
10839	10839	(1); or
10840	10840	(4) barters property or finances or invests funds the
10841	10841	person knows or believes are intended to further the commission of
10842	10842	an offense under Section 481.121(a) that is punishable under
10843	10843	Section 481.121(b)(5).
10844	10844	SECTION 25.107. Section 533.085(a), Health and Safety Code,
10845	10845	is amended to read as follows:
10846	10846	(a) With the written approval of the governor, the
10847	10847	department may contract with[:
10848	10848	[(1)] the [institutional division of the] Texas
10849	10849	Department of Criminal Justice to transfer facilities to that
10850	10850	department or otherwise provide facilities for:
10851	10851	(1) inmates with mental illness or mental retardation
10852	10852	in the custody of that department; or [and]
10853	10853	(2) [the pardons and paroles division of the Texas
10854	10854	Department of Criminal Justice to transfer facilities to that board
10855	10855	or otherwise provide facilities for] persons with mental illness or
10856	10856	mental retardation paroled or released under that department's
10857	10857	[board's] supervision.
10858	10858	SECTION 25.108. Section 574.041(a), Health and Safety Code,
10859	10859	is amended to read as follows:
10860	10860	(a) In an order for temporary or extended mental health
10861	10861	services specifying inpatient care, the court shall commit the
10862	10862	patient to a designated inpatient mental health facility. The
10863	10863	court shall commit the patient to:
10864	10864	(1) a mental health facility deemed suitable by the
10865	10865	local mental health authority for the area;
10866	10866	(2) a private mental hospital under Section 574.042;
10867	10867	(3) a hospital operated by a federal agency under
10868	10868	Section 574.043; or
10869	10869	(4) an inpatient mental health facility of the
10870	10870	[institutional division of the] Texas Department of Criminal
10871	10871	Justice under Section 574.044.
10872	10872	SECTION 25.109. Section 574.044, Health and Safety Code, is
10873	10873	amended to read as follows:
10874	10874	Sec. 574.044. COMMITMENT TO FACILITY OF [THE INSTITUTIONAL
10875	10875	DIVISION OF THE] TEXAS DEPARTMENT OF CRIMINAL JUSTICE. The court
10876	10876	shall commit an inmate patient to an inpatient mental health
10877	10877	facility of the [institutional division of the] Texas Department of
10878	10878	Criminal Justice if the court enters an order requiring temporary
10879	10879	mental health services for the inmate patient under an application
10880	10880	filed by a psychiatrist [for the institutional division] under
10881	10881	Section 501.057, Government Code.
10882	10882	SECTION 25.110. The heading to Section 575.016, Health and
10883	10883	Safety Code, is amended to read as follows:
10884	10884	Sec. 575.016. TRANSFER FROM FACILITY OF [THE INSTITUTIONAL
10885	10885	DIVISION OF THE] TEXAS DEPARTMENT OF CRIMINAL JUSTICE.
10886	10886	SECTION 25.111. Section 575.016(a), Health and Safety Code,
10887	10887	is amended to read as follows:
10888	10888	(a) The [institutional division of the] Texas Department of
10889	10889	Criminal Justice shall transfer a patient committed to an
10890	10890	[institutional division] inpatient mental health facility under
10891	10891	Section 574.044 to a noncorrectional mental health facility on the
10892	10892	day the inmate is released on parole or mandatory supervision.
10893	10893	SECTION 25.112. Sections 614.002(e) and (j), Health and
10894	10894	Safety Code, are amended to read as follows:
10895	10895	(e) The executive head of each of the following agencies,
10896	10896	divisions of agencies, or associations, or that person's designated
10897	10897	representative, shall serve as a member of the committee:
10898	10898	(1) the correctional institutions [institutional]
10899	10899	division of the Texas Department of Criminal Justice;
10900	10900	(2) the Department of State Health Services;
10901	10901	(3) the parole [pardons and paroles] division of the
10902	10902	Texas Department of Criminal Justice;
10903	10903	(4) the community justice assistance division of the
10904	10904	Texas Department of Criminal Justice;
10905	10905	(5) [the state jail division of the Texas Department
10906	10906	of Criminal Justice;
10907	10907	[(6)] the Texas Juvenile Probation Commission;
10908	10908	(6) [(7)] the Texas Youth Commission;
10909	10909	(7) [(8)] the Department of Assistive and
10910	10910	Rehabilitative Services;
10911	10911	(8) [(9)] the Texas Education Agency;
10912	10912	(9) [(10)] the Correctional Managed Health Care
10913	10913	Committee;
10914	10914	(10) [(11)] the Mental Health Association in Texas;
10915	10915	(11) [(12)] the Board of Pardons and Paroles;
10916	10916	(12) [(13)] the Commission on Law Enforcement Officer
10917	10917	Standards and Education;
10918	10918	(13) [(14)] the Texas Council of Community Mental
10919	10919	Health and Mental Retardation Centers;
10920	10920	(14) [(15)] the Commission on Jail Standards;
10921	10921	(15) [(16)] the Texas Council for Developmental
10922	10922	Disabilities;
10923	10923	(16) [(17)] the Texas Association for Retarded
10924	10924	Citizens;
10925	10925	(17) [(18)] the National Alliance for the Mentally Ill
10926	10926	of Texas;
10927	10927	(18) [(19)] the Parent Association for the Retarded of
10928	10928	Texas, Inc.;
10929	10929	(19) [(20)] the Health and Human Services Commission;
10930	10930	and
10931	10931	(20) [(21)] the Department of Aging and Disability
10932	10932	Services.
10933	10933	(j) A representative designated by the executive head of a
10934	10934	state agency must be an officer or employee of the agency when
10935	10935	designated and while serving on the committee[, except the
10936	10936	representative designated by the director of the Criminal Justice
10937	10937	Policy Council must be an employee of that council].
10938	10938	SECTION 25.113. Section 12.002(b), Human Resources Code, is
10939	10939	amended to read as follows:
10940	10940	(b) An offense under this section is a felony punishable by
10941	10941	confinement in the Texas Department of Criminal Justice [state
10942	10942	penitentiary] for a term of not less than two or more than seven
10943	10943	years.
10944	10944	SECTION 25.114. Sections 61.084(b) and (c), Human Resources
10945	10945	Code, are amended to read as follows:
10946	10946	(b) The commission shall discharge without a court hearing a
10947	10947	person committed to it for a determinate sentence under Section
10948	10948	54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
10949	10949	who has not been transferred to the [institutional division of the]
10950	10950	Texas Department of Criminal Justice under a court order on the date
10951	10951	that the time spent by the person in detention in connection with
10952	10952	the committing case plus the time spent at the Texas Youth
10953	10953	Commission under the order of commitment equals the period of the
10954	10954	sentence.
10955	10955	(c) The commission shall transfer to the [institutional
10956	10956	division of the] Texas Department of Criminal Justice a person who
10957	10957	is the subject of an order under Section 54.11(i)(2), Family Code,
10958	10958	transferring the person to the custody of the [institutional
10959	10959	division of the] Texas Department of Criminal Justice for the
10960	10960	completion of the person's sentence.
10961	10961	SECTION 25.115. Section 61.0841(b), Human Resources Code,
10962	10962	is amended to read as follows:
10963	10963	(b) The commission shall provide instruction for parole
10964	10964	officers of the Texas Department of Criminal Justice [pardons and
10965	10965	paroles division] relating to juvenile programs at the commission.
10966	10966	The commission and the department [pardons and paroles division]
10967	10967	shall enter into a memorandum of understanding relating to the
10968	10968	administration of this subsection.
10969	10969	SECTION 25.116. Section 80.003(a), Human Resources Code, is
10970	10970	amended to read as follows:
10971	10971	(a) The department shall provide medical care for a child
10972	10972	born to a woman who, at the time of giving birth, is imprisoned in
10973	10973	the Texas Department of Criminal Justice [Correction] if there is
10974	10974	no other source of payment for the medical care.
10975	10975	SECTION 25.117. Section 81.017(a), Human Resources Code, is
10976	10976	amended to read as follows:
10977	10977	(a) The commission and each of the following agencies shall
10978	10978	adopt a memorandum of understanding to coordinate the delivery of
10979	10979	services to persons who are deaf or hard of hearing and to reduce
10980	10980	duplication of services:
10981	10981	(1) the [Texas] Department of Aging and Disability
10982	10982	[Human] Services;
10983	10983	(2) the [Texas] Department of State Health Services
10984	10984	[Mental Health and Mental Retardation];
10985	10985	(3) the Texas Workforce Commission;
10986	10986	(4) the [Texas Department of] Health and Human
10987	10987	Services Commission;
10988	10988	(5) the Texas Higher Education Coordinating Board;
10989	10989	(6) the Texas Education Agency;
10990	10990	(7) the [Texas] Department of Assistive and
10991	10991	Rehabilitative Services [on Aging];
10992	10992	(8) the Texas School for the Deaf;
10993	10993	(9) [the Texas Rehabilitation Commission;
10994	10994	[(10)] the [institutional division of the] Texas
10995	10995	Department of Criminal Justice; and
10996	10996	(10) [(11)] any other state agency that provides or is
10997	10997	required by law to provide services to persons who are deaf or hard
10998	10998	of hearing.
10999	10999	SECTION 25.118. Section 111.058, Human Resources Code, is
11000	11000	amended to read as follows:
11001	11001	Sec. 111.058. CRIMINAL CONVICTION RECORD INFORMATION.
11002	11002	(a) The commission may obtain criminal conviction record
11003	11003	information from [the pardons and paroles division and
11004	11004	institutional division of] the Texas Department of Criminal Justice
11005	11005	and from the Texas Department of Public Safety if the conviction
11006	11006	records relate to:
11007	11007	(1) an applicant selected for employment with the
11008	11008	commission;
11009	11009	(2) an applicant for rehabilitation services; or
11010	11010	(3) a client of the commission.
11011	11011	(b) The [pardons and paroles division and institutional
11012	11012	division of the] Texas Department of Criminal Justice and the Texas
11013	11013	Department of Public Safety upon request shall supply to the
11014	11014	commission criminal conviction record information relating to
11015	11015	applicants selected for employment with the commission, applicants
11016	11016	for rehabilitation services, or clients of the commission. The
11017	11017	commission shall treat all criminal conviction record information
11018	11018	as privileged and confidential and for commission use only.
11019	11019	SECTION 25.119. Section 122.010, Human Resources Code, is
11020	11020	amended to read as follows:
11021	11021	Sec. 122.010. COOPERATION WITH DEPARTMENT OF CRIMINAL
11022	11022	JUSTICE. The council may cooperate with [the institutional
11023	11023	division of] the Texas Department of Criminal Justice to accomplish
11024	11024	the purposes of this chapter and to contribute to the economy of
11025	11025	state government. The council and the department may enter into
11026	11026	contractual agreements, cooperative working relationships, or
11027	11027	other arrangements necessary for effective coordination and the
11028	11028	realization of the objectives of both entities.
11029	11029	SECTION 25.120. Section 841.704(c), Insurance Code, is
11030	11030	amended to read as follows:
11031	11031	(c) An offense under this section is punishable by
11032	11032	imprisonment in the [institutional division of the] Texas
11033	11033	Department of Criminal Justice for a term of not less than one year.
11034	11034	SECTION 25.121. Section 882.702(b), Insurance Code, is
11035	11035	amended to read as follows:
11036	11036	(b) An offense under this section is punishable by
11037	11037	imprisonment in the [institutional division of the] Texas
11038	11038	Department of Criminal Justice for a term of not more than five
11039	11039	years or less than one year.
11040	11040	SECTION 25.122. Section 883.703(b), Insurance Code, is
11041	11041	amended to read as follows:
11042	11042	(b) An offense under this section is a felony punishable by
11043	11043	confinement in the [institutional division of the] Texas Department
11044	11044	of Criminal Justice for not less than 5 years or more than 10 years.
11045	11045	SECTION 25.123. Section 887.701(b), Insurance Code, is
11046	11046	amended to read as follows:
11047	11047	(b) An offense under this section is punishable by
11048	11048	imprisonment in the [institutional division of the] Texas
11049	11049	Department of Criminal Justice for a term of not more than 10 years
11050	11050	or less than 2 years.
11051	11051	SECTION 25.124. Section 887.702(b), Insurance Code, is
11052	11052	amended to read as follows:
11053	11053	(b) An offense under this section is punishable by
11054	11054	imprisonment in the [institutional division of the] Texas
11055	11055	Department of Criminal Justice for a term of not more than 10 years
11056	11056	or less than 2 years.
11057	11057	SECTION 25.125. Section 887.703(b), Insurance Code, is
11058	11058	amended to read as follows:
11059	11059	(b) An offense under this section is punishable by
11060	11060	imprisonment in the [institutional division of the] Texas
11061	11061	Department of Criminal Justice for a term of not more than 10 years
11062	11062	or less than 2 years.
11063	11063	SECTION 25.126. Section 912.802(c), Insurance Code, is
11064	11064	amended to read as follows:
11065	11065	(c) An offense under this section is punishable by
11066	11066	imprisonment in the [institutional division of the] Texas
11067	11067	Department of Criminal Justice for a term of not more than 10 years
11068	11068	or less than 2 years.
11069	11069	SECTION 25.127. Section 912.803(b), Insurance Code, is
11070	11070	amended to read as follows:
11071	11071	(b) An offense under this section is punishable by
11072	11072	imprisonment in the [institutional division of the] Texas
11073	11073	Department of Criminal Justice for a term of not more than 10 years
11074	11074	or less than 2 years.
11075	11075	SECTION 25.128. Section 912.804(b), Insurance Code, is
11076	11076	amended to read as follows:
11077	11077	(b) An offense under this section is punishable by:
11078	11078	(1) a fine of not more than $500; or
11079	11079	(2) confinement in jail or imprisonment in the
11080	11080	[institutional division of the] Texas Department of Criminal
11081	11081	Justice for a term of not more than two years.
11082	11082	SECTION 25.129. Section 244.006, Local Government Code, is
11083	11083	amended to read as follows:
11084	11084	Sec. 244.006. EXEMPTIONS. This subchapter does not apply
11085	11085	to the operation of a correctional or rehabilitation facility at a
11086	11086	location subject to this subchapter if:
11087	11087	(1) on September 1, 1997, the correctional or
11088	11088	rehabilitation facility was in operation, under construction,
11089	11089	under contract for operation or construction, or planned for
11090	11090	construction at the location on land owned or leased by an agency or
11091	11091	political subdivision of the state and designated for use as a
11092	11092	correctional or rehabilitation facility;
11093	11093	(2) the correctional or rehabilitation facility was in
11094	11094	operation or under construction before the establishment of a
11095	11095	residential area the location of which makes the facility subject
11096	11096	to this subchapter;
11097	11097	(3) the correctional or rehabilitation facility is a
11098	11098	temporary correctional or rehabilitation facility that will be
11099	11099	operated at the location for less than one year;
11100	11100	(4) the correctional or rehabilitation facility is
11101	11101	required to obtain a special use permit or a conditional use permit
11102	11102	from the municipality in which the facility is located before
11103	11103	beginning operation;
11104	11104	(5) the correctional or rehabilitation facility is an
11105	11105	expansion of a facility operated by the correctional institutions
11106	11106	[institutional] division of the Texas Department of Criminal
11107	11107	Justice for the imprisonment of individuals convicted of felonies
11108	11108	other than state jail felonies or by the Texas Youth Commission;
11109	11109	(6) the correctional or rehabilitation facility is a
11110	11110	county jail or a pre-adjudication or post-adjudication juvenile
11111	11111	detention facility operated by a county or county juvenile board;
11112	11112	(7) the facility is:
11113	11113	(A) a juvenile probation office located at, and
11114	11114	operated in conjunction with, a juvenile justice alternative
11115	11115	education center; and
11116	11116	(B) used exclusively by students attending the
11117	11117	juvenile justice alternative education center;
11118	11118	(8) the facility is a public or private institution of
11119	11119	higher education or vocational training to which admission is open
11120	11120	to the general public;
11121	11121	(9) the facility is operated primarily as a treatment
11122	11122	facility for juveniles under contract with the [Texas] Department
11123	11123	of Aging and Disability Services or the Department of State Health
11124	11124	Services [Mental Health and Mental Retardation] or a local mental
11125	11125	health or mental retardation authority;
11126	11126	(10) the facility is operated as a juvenile justice
11127	11127	alternative education program;
11128	11128	(11) the facility:
11129	11129	(A) is not operated primarily as a correctional
11130	11130	or rehabilitation facility; and
11131	11131	(B) only houses persons or children described by
11132	11132	Section 244.001(1)(B) for a purpose related to treatment or
11133	11133	education; or
11134	11134	(12) the facility is a probation or parole office
11135	11135	located in a commercial use area.
11136	11136	SECTION 25.130. Section 331.010(b), Local Government Code,
11137	11137	is amended to read as follows:
11138	11138	(b) The governor and the Texas Board of Criminal Justice
11139	11139	[Corrections] may permit the use of state inmates and defendants
11140	11140	confined in state jail felony facilities [convicts] for the
11141	11141	improvement and maintenance of parks acquired under this chapter
11142	11142	under agreements made by the Parks and Wildlife Department and the
11143	11143	municipality or county.
11144	11144	SECTION 25.131. Section 34.002, Natural Resources Code, is
11145	11145	amended to read as follows:
11146	11146	Sec. 34.002. APPLICATION OF CHAPTER. (a) The provisions of
11147	11147	this chapter apply to:
11148	11148	(1) land owned by the Texas Parks and Wildlife
11149	11149	Department;
11150	11150	(2) land owned by the Texas Department of Criminal
11151	11151	Justice [Corrections].
11152	11152	(b) If title to land subject to the provisions of the
11153	11153	Relinquishment Act is acquired by the Texas Parks and Wildlife
11154	11154	Department or the Texas Department of Criminal Justice
11155	11155	[Corrections], the land is not subject to lease by a board created
11156	11156	under the provisions of this chapter but shall be leased in the
11157	11157	manner provided for the leasing of unsold public school land.
11158	11158	SECTION 25.132. Section 34.011, Natural Resources Code, is
11159	11159	amended to read as follows:
11160	11160	Sec. 34.011. BOARDS FOR LEASE. Boards for lease are
11161	11161	created to lease land owned by the Texas Parks and Wildlife
11162	11162	Department and the Texas Department of Criminal Justice
11163	11163	[Corrections].
11164	11164	SECTION 25.133. Section 85.386, Natural Resources Code, is
11165	11165	amended to read as follows:
11166	11166	Sec. 85.386. FORGING NAMES ON PERMITS AND TENDERS. A
11167	11167	person shall be imprisoned in the Texas Department of Criminal
11168	11168	Justice [penitentiary] for not less than two nor more than five
11169	11169	years if he:
11170	11170	(1) forges the name of an agent, officer, or employee
11171	11171	of the commission to a permit or tender of the commission relating
11172	11172	to oil or gas or any product or by-product of oil or gas;
11173	11173	(2) forges the name of any person to such a tender or
11174	11174	permit; or
11175	11175	(3) knowingly uses a forged instrument to induce
11176	11176	another to handle or transport oil or gas or any product or
11177	11177	by-product of oil or gas.
11178	11178	SECTION 25.134. Section 85.387, Natural Resources Code, is
11179	11179	amended to read as follows:
11180	11180	Sec. 85.387. PROCURING TENDERS AND PERMITS. A person shall
11181	11181	be imprisoned in the Texas Department of Criminal Justice
11182	11182	[penitentiary] for not less than two nor more than five years if he:
11183	11183	(1) knowingly procures or causes an agent, officer, or
11184	11184	employee of the commission to approve or issue a permit or tender of
11185	11185	the commission relating to oil or gas or any product or by-product
11186	11186	of oil or gas that includes a statement or representation that is
11187	11187	false and that materially misrepresents the true facts respecting
11188	11188	the oil or gas or any product or by-product of either; or
11189	11189	(2) procures or causes an agent, officer, or employee
11190	11190	of the commission to issue to him a permit or tender relating to oil
11191	11191	or gas or any product or by-product of either with the intent to
11192	11192	defraud.
11193	11193	SECTION 25.135. Section 88.134(b), Natural Resources Code,
11194	11194	is amended to read as follows:
11195	11195	(b) A person who violates any other provision of this
11196	11196	chapter other than those covered by Subsection (a) [of this
11197	11197	section], a person who fails to comply with any of the other terms
11198	11198	of this chapter, a person who fails to comply with the terms of a
11199	11199	rule or order adopted by the governmental agency under the terms of
11200	11200	this chapter, or a person who violates any of the rules or orders of
11201	11201	the governmental agency adopted under the provisions of this
11202	11202	chapter on conviction is considered guilty of a felony and on
11203	11203	conviction shall be punished by imprisonment in the Texas
11204	11204	Department of Criminal Justice [state penitentiary] for a term of
11205	11205	not less than two nor more than four years.
11206	11206	SECTION 25.136. Section 91.143(b), Natural Resources Code,
11207	11207	is amended to read as follows:
11208	11208	(b) A person commits an offense if the person violates this
11209	11209	section. An offense under this section is a felony punishable by:
11210	11210	(1) imprisonment in the [institutional division of
11211	11211	the] Texas Department of Criminal Justice for a term of not less
11212	11212	than two years or more than five years;
11213	11213	(2) a fine of not more than $10,000; or
11214	11214	(3) both the imprisonment and the fine.
11215	11215	SECTION 25.137. Section 117.053(b), Natural Resources
11216	11216	Code, is amended to read as follows:
11217	11217	(b) An offense under this section is punishable by a fine of
11218	11218	not more than $25,000, confinement in the Texas Department of
11219	11219	Criminal Justice [Corrections] for a term of not more than five
11220	11220	years, or both such fine and imprisonment.
11221	11221	SECTION 25.138. Section 117.054(b), Natural Resources
11222	11222	Code, is amended to read as follows:
11223	11223	(b) An offense under this section is punishable by a fine of
11224	11224	not more than $25,000, confinement in the Texas Department of
11225	11225	Criminal Justice [Corrections] for a term of not more than 15 years,
11226	11226	or both such fine and imprisonment.
11227	11227	SECTION 25.139. Section 161.401, Natural Resources Code, is
11228	11228	amended to read as follows:
11229	11229	Sec. 161.401. PENALTY FOR CERTAIN TRANSACTIONS. Any
11230	11230	person, seller, veteran, or appraiser who knowingly makes, utters,
11231	11231	publishes, passes, or uses any false, fictitious, or forged paper,
11232	11232	document, contract, affidavit, application, assignment, or other
11233	11233	instrument in writing in connection with or pertaining to any
11234	11234	transaction under this chapter is guilty of a felony and on
11235	11235	conviction shall be punished by imprisonment in the Texas
11236	11236	Department of Criminal Justice [state penitentiary] for not less
11237	11237	than two nor more than 10 years, or by a fine of not less than $1,000
11238	11238	nor more than $10,000, or by both.
11239	11239	SECTION 25.140. Section 161.402, Natural Resources Code, is
11240	11240	amended to read as follows:
11241	11241	Sec. 161.402. PENALTY RELATING TO CERTAIN PURCHASES, SALES,
11242	11242	AND RESALES OF LAND. A person who knowingly files a false,
11243	11243	fictitious, or forged paper, document, contract, affidavit,
11244	11244	application, assignment, or other instrument in writing relating to
11245	11245	the purchase, sale, or resale of land under this chapter is guilty
11246	11246	of a felony and on conviction shall be punished by imprisonment in
11247	11247	the Texas Department of Criminal Justice [state penitentiary] for
11248	11248	not less than two nor more than 10 years or by a fine of not less
11249	11249	than $1,000 nor more than $10,000, or by both.
11250	11250	SECTION 25.141. Section 161.403, Natural Resources Code, is
11251	11251	amended to read as follows:
11252	11252	Sec. 161.403. PENALTY FOR DEFRAUDING VETERAN AND STATE. A
11253	11253	person who defrauds a veteran of his rights and benefits under this
11254	11254	chapter by an act of fraud, duress, deceit, coercion, or
11255	11255	misrepresentation or a person who uses the purposes or provisions
11256	11256	of this chapter to defraud the state or any veteran by an act of
11257	11257	fraud, duress, coercion, misrepresentation, or deceit, is guilty of
11258	11258	a felony, and on conviction shall be punished by imprisonment in the
11259	11259	Texas Department of Criminal Justice [state penitentiary] for not
11260	11260	less than two nor more than 10 years or by a fine of not less than
11261	11261	$1,000 nor more than $10,000, or by both.
11262	11262	SECTION 25.142. Section 1701.310(e), Occupations Code, is
11263	11263	amended to read as follows:
11264	11264	(e) A person trained and certified by the Texas Department
11265	11265	of Criminal Justice to serve as a corrections officer in that
11266	11266	agency's correctional institutions [institutional or state jail]
11267	11267	division is not required to complete the training requirements of
11268	11268	this section to be appointed a part-time county jailer.
11269	11269	Examinations under Section 1701.304 and psychological and physical
11270	11270	examinations under Section 1701.306 apply.
11271	11271	SECTION 25.143. Section 12.407(a), Parks and Wildlife Code,
11272	11272	is amended to read as follows:
11273	11273	(a) An individual adjudged guilty of a Parks and Wildlife
11274	11274	Code felony shall be punished by confinement in the [institutional
11275	11275	division of the] Texas Department of Criminal Justice for any term
11276	11276	of not more than 10 years or less than two years.
11277	11277	SECTION 25.144. Section 1.07(a)(27), Penal Code, is
11278	11278	repealed.
11279	11279	SECTION 25.145. Section 12.31(a), Penal Code, is amended to
11280	11280	read as follows:
11281	11281	(a) An individual adjudged guilty of a capital felony in a
11282	11282	case in which the state seeks the death penalty shall be punished by
11283	11283	imprisonment in the Texas Department of Criminal Justice
11284	11284	[institutional division] for life without parole or by death. An
11285	11285	individual adjudged guilty of a capital felony in a case in which
11286	11286	the state does not seek the death penalty shall be punished by
11287	11287	imprisonment in the Texas Department of Criminal Justice
11288	11288	[institutional division] for life without parole.
11289	11289	SECTION 25.146. Section 12.32(a), Penal Code, is amended to
11290	11290	read as follows:
11291	11291	(a) An individual adjudged guilty of a felony of the first
11292	11292	degree shall be punished by imprisonment in the Texas Department of
11293	11293	Criminal Justice [institutional division] for life or for any term
11294	11294	of not more than 99 years or less than 5 years.
11295	11295	SECTION 25.147. Section 12.33(a), Penal Code, is amended to
11296	11296	read as follows:
11297	11297	(a) An individual adjudged guilty of a felony of the second
11298	11298	degree shall be punished by imprisonment in the Texas Department of
11299	11299	Criminal Justice [institutional division] for any term of not more
11300	11300	than 20 years or less than 2 years.
11301	11301	SECTION 25.148. Section 12.34(a), Penal Code, is amended to
11302	11302	read as follows:
11303	11303	(a) An individual adjudged guilty of a felony of the third
11304	11304	degree shall be punished by imprisonment in the Texas Department of
11305	11305	Criminal Justice [institutional division] for any term of not more
11306	11306	than 10 years or less than 2 years.
11307	11307	SECTION 25.149. Section 12.41, Penal Code, is amended to
11308	11308	read as follows:
11309	11309	Sec. 12.41. CLASSIFICATION OF OFFENSES OUTSIDE THIS CODE.
11310	11310	For purposes of this subchapter, any conviction not obtained from a
11311	11311	prosecution under this code shall be classified as follows:
11312	11312	(1) "felony of the third degree" if imprisonment in
11313	11313	the Texas Department of Criminal Justice or another [a]
11314	11314	penitentiary is affixed to the offense as a possible punishment;
11315	11315	(2) "Class B misdemeanor" if the offense is not a
11316	11316	felony and confinement in a jail is affixed to the offense as a
11317	11317	possible punishment;
11318	11318	(3) "Class C misdemeanor" if the offense is punishable
11319	11319	by fine only.
11320	11320	SECTION 25.150. Section 12.42(d), Penal Code, is amended to
11321	11321	read as follows:
11322	11322	(d) Except as provided by Subsection (c)(2), if it is shown
11323	11323	on the trial of a felony offense other than a state jail felony
11324	11324	punishable under Section 12.35(a) that the defendant has previously
11325	11325	been finally convicted of two felony offenses, and the second
11326	11326	previous felony conviction is for an offense that occurred
11327	11327	subsequent to the first previous conviction having become final, on
11328	11328	conviction he shall be punished by imprisonment in the
11329	11329	[institutional division of the] Texas Department of Criminal
11330	11330	Justice for life, or for any term of not more than 99 years or less
11331	11331	than 25 years.
11332	11332	SECTION 25.151. Section 322, Texas Probate Code, is amended
11333	11333	to read as follows:
11334	11334	Sec. 322. CLASSIFICATION OF CLAIMS AGAINST ESTATES OF
11335	11335	DECEDENT. Claims against an estate of a decedent shall be
11336	11336	classified and have priority of payment, as follows:
11337	11337	Class 1. Funeral expenses and expenses of last sickness for
11338	11338	a reasonable amount to be approved by the court, not to exceed a
11339	11339	total of Fifteen Thousand Dollars, with any excess to be classified
11340	11340	and paid as other unsecured claims.
11341	11341	Class 2. Expenses of administration and expenses incurred
11342	11342	in the preservation, safekeeping, and management of the estate,
11343	11343	including fees and expenses awarded under Section 243 of this code,
11344	11344	and unpaid expenses of administration awarded in a guardianship of
11345	11345	the decedent.
11346	11346	Class 3. Secured claims for money under Section 306(a)(1),
11347	11347	including tax liens, so far as the same can be paid out of the
11348	11348	proceeds of the property subject to such mortgage or other lien, and
11349	11349	when more than one mortgage, lien, or security interest shall exist
11350	11350	upon the same property, they shall be paid in order of their
11351	11351	priority.
11352	11352	Class 4. Claims for the principal amount of and accrued
11353	11353	interest on delinquent child support and child support arrearages
11354	11354	that have been confirmed and reduced to money judgment, as
11355	11355	determined under Subchapter F, Chapter 157, Family Code, and claims
11356	11356	for unpaid child support obligations under Section 154.015, Family
11357	11357	Code.
11358	11358	Class 5. Claims for taxes, penalties, and interest due
11359	11359	under Title 2, Tax Code; Chapter 8, Title 132, Revised Statutes;
11360	11360	Section 81.111, Natural Resources Code; the Municipal Sales and Use
11361	11361	Tax Act (Chapter 321, Tax Code); Section 451.404, Transportation
11362	11362	Code; or Subchapter I, Chapter 452, Transportation Code.
11363	11363	Class 6. Claims for the cost of confinement established by
11364	11364	the [institutional division of the] Texas Department of Criminal
11365	11365	Justice under Section 501.017, Government Code.
11366	11366	Class 7. Claims for repayment of medical assistance
11367	11367	payments made by the state under Chapter 32, Human Resources Code,
11368	11368	to or for the benefit of the decedent.
11369	11369	Class 8. All other claims.
11370	11370	SECTION 25.152. Section 11.11(g), Tax Code, is amended to
11371	11371	read as follows:
11372	11372	(g) For purposes of this section, an improvement is owned by
11373	11373	the state and is used for public purposes if it is:
11374	11374	(1) located on land owned by the Texas Department of
11375	11375	Criminal Justice [Corrections];
11376	11376	(2) leased and used by the department; and
11377	11377	(3) subject to a lease-purchase agreement providing
11378	11378	that legal title to the improvement passes to the department at the
11379	11379	end of the lease period.
11380	11380	SECTION 25.153. Section 26.044(d), Tax Code, is amended to
11381	11381	read as follows:
11382	11382	(d) In this section, "state criminal justice mandate" means
11383	11383	the amount spent by the county in the previous 12 months providing
11384	11384	for the maintenance and operation cost of keeping inmates in
11385	11385	county-paid facilities after they have been sentenced to the
11386	11386	[institutional division of the] Texas Department of Criminal
11387	11387	Justice as certified by the county auditor based on information
11388	11388	provided by the county sheriff, minus the amount received from
11389	11389	state revenue for reimbursement of such costs.
11390	11390	SECTION 25.154. Section 154.520(b), Tax Code, is amended to
11391	11391	read as follows:
11392	11392	(b) An offense under this section is a felony punishable by
11393	11393	confinement in the Texas Department of Criminal Justice [state
11394	11394	penitentiary] for not less than 2 years nor more than 20 years.
11395	11395	SECTION 25.155. Section 55.252, Utilities Code, is amended
11396	11396	to read as follows:
11397	11397	Sec. 55.252. 900 SERVICE USED BY PROBATIONERS OR
11398	11398	PAROLEES. (a) This section applies only to a telecommunications
11399	11399	utility that transports or provides an intrastate 900 service that
11400	11400	is:
11401	11401	(1) covered by a contract authorized by Chapter 76 or
11402	11402	508, Government Code; and
11403	11403	(2) used by a defendant under the supervision of a
11404	11404	community supervision and corrections department or the parole
11405	11405	[pardons and paroles] division of the Texas Department of Criminal
11406	11406	Justice to:
11407	11407	(A) pay a fee or cost; or
11408	11408	(B) comply with telephone reporting
11409	11409	requirements.
11410	11410	(b) A telecommunications utility may adjust or authorize
11411	11411	the adjustment of an end-user's bill for 900 service described by
11412	11412	Subsection (a) only with the consent of the contracting community
11413	11413	supervision and corrections department or the contracting parole
11414	11414	[pardons and paroles] division of the Texas Department of Criminal
11415	11415	Justice.
11416	11416	SECTION 25.156. Section 186.032(b), Utilities Code, is
11417	11417	amended to read as follows:
11418	11418	(b) An offense under this section is a misdemeanor
11419	11419	punishable by a fine of not more than $500, by confinement in jail
11420	11420	for not more than 60 days, or by both, unless the person has been
11421	11421	previously convicted of an offense under this section. A second or
11422	11422	subsequent offense is a felony punishable by a fine of not more than
11423	11423	$5,000, by imprisonment in the Texas Department of Criminal Justice
11424	11424	[penitentiary] for not less than two years and not more than five
11425	11425	years, or by both.
11426	11426	ARTICLE 26. REPEAL OF CERTAIN UNCONSTITUTIONAL CIVIL STATUTES
11427	11427	SECTION 26.001. The following acts and articles as compiled
11428	11428	in Vernon's Texas Civil Statutes are repealed as unconstitutional:
11429	11429	(1) Article 118d;
11430	11430	(2) Articles 165a, 165b, 165c, 165d, 165e, 165f, 165g,
11431	11431	165h, 165i, 165j, 165k, 165l, and 165m;
11432	11432	(3) Article 326q;
11433	11433	(4) Article 835d;
11434	11434	(5) Articles 911c and 911e;
11435	11435	(6) Articles 2116a and 2116b;
11436	11436	(7) Article 2615f-2;
11437	11437	(8) Article 3263b;
11438	11438	(9) Articles 4512a-1, 4512a-2, 4512a-3, 4512a-4,
11439	11439	4512a-5, 4512a-6, 4512a-7, 4512a-8, 4512a-9, 4512a-10, 4512a-11,
11440	11440	4512a-12, 4512a-13, 4512a-14, 4512a-15, 4512a-16, 4512a-17, and
11441	11441	4512a-18;
11442	11442	(10) Article 6699b; and
11443	11443	(11) Articles 7294a and 7294b.
11444	11444	ARTICLE 27. RENUMBERING
11445	11445	SECTION 27.001. The following provisions of enacted codes
11446	11446	are renumbered or relettered to eliminate duplicate citations or to
11447	11447	relocate misplaced provisions:
11448	11448	(1) Subsections (e), (f), and (g), Section 201.026,
11449	11449	Agriculture Code, as added by Chapter 1189 (H.B. 3355), Acts of the
11450	11450	77th Legislature, Regular Session, 2001, and Subsections (h), (i),
11451	11451	and (j), Section 201.026, Agriculture Code, are relettered as
11452	11452	Subsections (h), (i), (j), (k), (l), and (m), Section 201.026,
11453	11453	Agriculture Code, respectively.
11454	11454	(2) Subsection (g), Article 45.049, Code of Criminal
11455	11455	Procedure, as added by Chapter 1263 (H.B. 3060), Acts of the 80th
11456	11456	Legislature, Regular Session, 2007, is relettered as Subsection
11457	11457	(i), Article 45.049, Code of Criminal Procedure.
11458	11458	(3) Article 62.0015, Code of Criminal Procedure, as
11459	11459	added by Chapter 685 (H.B. 668), Acts of the 76th Legislature,
11460	11460	Regular Session, 1999, is transferred to Subchapter A, Chapter 63,
11461	11461	Code of Criminal Procedure, and renumbered as Article 63.0015, Code
11462	11462	of Criminal Procedure.
11463	11463	(4) Subsection (f), Section 11.163, Education Code, as
11464	11464	added by Chapter 10 (S.B. 135), Acts of the 80th Legislature,
11465	11465	Regular Session, 2007, is transferred to Section 11.1513, Education
11466	11466	Code, and relettered as Subsection (j), Section 11.1513, Education
11467	11467	Code.
11468	11468	(5) Section 29.095, Education Code, as added by
11469	11469	Chapter 893 (H.B. 2504), Acts of the 80th Legislature, Regular
11470	11470	Session, 2007, is renumbered as Section 29.099, Education Code.
11471	11471	(6) Section 38.019, Education Code, as added by
11472	11472	Chapter 1371 (S.B. 7), Acts of the 80th Legislature, Regular
11473	11473	Session, 2007, is renumbered as Section 38.0181, Education Code.
11474	11474	(7) Section 51.969, Education Code, as added by
11475	11475	Chapter 889 (H.B. 2426), Acts of the 80th Legislature, Regular
11476	11476	Session, 2007, is renumbered as Section 51.971, Education Code.
11477	11477	(8) Section 51.969, Education Code, as added by
11478	11478	Chapters 1352 (H.B. 4) and 1430 (S.B. 3), Acts of the 80th
11479	11479	Legislature, Regular Session, 2007, is renumbered as Section
11480	11480	51.972, Education Code.
11481	11481	(9) Section 54.5395, Education Code, as added by
11482	11482	Chapter 555 (S.B. 1417), Acts of the 80th Legislature, Regular
11483	11483	Session, 2007, is renumbered as Section 54.5398, Education Code.
11484	11484	(10) Section 61.0901, Education Code, as added by
11485	11485	Chapter 507 (S.B. 469), Acts of the 80th Legislature, Regular
11486	11486	Session, 2007, is renumbered as Section 61.0903, Education Code.
11487	11487	(11) Subsection (e), Section 13.002, Election Code, as
11488	11488	added by Chapter 614 (H.B. 417), Acts of the 80th Legislature,
11489	11489	Regular Session, 2007, is relettered as Subsection (g), Section
11490	11490	13.002, Election Code.
11491	11491	(12) Section 61.013, Election Code, as added by
11492	11492	Chapter 697 (H.B. 1921), Acts of the 80th Legislature, Regular
11493	11493	Session, 2007, is renumbered as Section 61.014, Election Code.
11494	11494	(13) Subsection (v), Section 54.04, Family Code, as
11495	11495	added by Chapter 908 (H.B. 2884), Acts of the 80th Legislature,
11496	11496	Regular Session, 2007, is relettered as Subsection (x), Section
11497	11497	54.04, Family Code.
11498	11498	(14) Section 54.0481, Family Code, as added by Chapter
11499	11499	908 (H.B. 2884), Acts of the 80th Legislature, Regular Session,
11500	11500	2007, is renumbered as Section 54.0482, Family Code.
11501	11501	(15) Subsection (g), Section 162.304, Family Code, as
11502	11502	added by Chapter 267 (H.B. 2702), Acts of the 80th Legislature,
11503	11503	Regular Session, 2007, is relettered as Subsection (i), Section
11504	11504	162.304, Family Code.
11505	11505	(16) Section 156.214, Finance Code, as added by
11506	11506	Chapter 905 (H.B. 2783), Acts of the 80th Legislature, Regular
11507	11507	Session, 2007, is renumbered as Section 156.215, Finance Code.
11508	11508	(17) Chapter 351, Finance Code, as added by Chapter
11509	11509	135 (H.B. 1344), Acts of the 80th Legislature, Regular Session,
11510	11510	2007, is renumbered as Chapter 352, Finance Code, and Sections
11511	11511	351.001, 351.002, 351.003, 351.004, 351.005, 351.006, 351.007, and
11512	11512	351.008, Finance Code, as added by that Act, are renumbered as
11513	11513	Sections 352.001, 352.002, 352.003, 352.004, 352.005, 352.006,
11514	11514	352.007, and 352.008, Finance Code, respectively.
11515	11515	(18) Subsection (c), Section 27.031, Government Code,
11516	11516	as added by Chapter 383 (S.B. 618), Acts of the 80th Legislature,
11517	11517	Regular Session, 2007, is relettered as Subsection (d), Section
11518	11518	27.031, Government Code.
11519	11519	(19) Sections 30.3601, 30.3602, 30.3603, and 30.3604,
11520	11520	Government Code, as added by Chapter 235 (H.B. 259), Acts of the
11521	11521	75th Legislature, Regular Session, 1997, are transferred to
11522	11522	Subchapter U, Chapter 30, Government Code, and renumbered as
11523	11523	Sections 30.007801, 30.007802, 30.007803, and 30.007804,
11524	11524	Government Code, respectively.
11525	11525	(20) Section 402.031, Government Code, as added by
11526	11526	Chapter 285 (H.B. 716), Acts of the 80th Legislature, Regular
11527	11527	Session, 2007, is renumbered as Section 402.033, Government Code.
11528	11528	(21) Section 402.031, Government Code, as added by
11529	11529	Chapter 81 (H.B. 1676), Acts of the 80th Legislature, Regular
11530	11530	Session, 2007, is renumbered as Section 402.034, Government Code.
11531	11531	(22) Subsection (h), Section 411.042, Government
11532	11532	Code, as added by Chapter 1372 (S.B. 9), Acts of the 80th
11533	11533	Legislature, Regular Session, 2007, is relettered as Subsection
11534	11534	(j), Section 411.042, Government Code.
11535	11535	(23) Section 411.1406, Government Code, as added by
11536	11536	Chapter 15 (S.B. 505), Acts of the 80th Legislature, Regular
11537	11537	Session, 2007, is renumbered as Section 411.1408, Government Code.
11538	11538	(24) Section 411.1406, Government Code, as added by
11539	11539	Chapter 406 (S.B. 885), Acts of the 80th Legislature, Regular
11540	11540	Session, 2007, is renumbered as Section 411.1409, Government Code.
11541	11541	(25) Subsection (c), Section 411.179, Government
11542	11542	Code, as added by Chapter 594 (H.B. 41), Acts of the 80th
11543	11543	Legislature, Regular Session, 2007, is relettered as Subsection
11544	11544	(d), Section 411.179, Government Code.
11545	11545	(26) Section 418.111, Government Code, as added by
11546	11546	Chapter 338 (S.B. 61), Acts of the 80th Legislature, Regular
11547	11547	Session, 2007, is renumbered as Section 418.1101, Government Code.
11548	11548	(27) Section 418.112, Government Code, as added by
11549	11549	Chapter 338 (S.B. 61), Acts of the 80th Legislature, Regular
11550	11550	Session, 2007, is renumbered as Section 418.1102, Government Code.
11551	11551	(28) Section 431.0291, Government Code, as added by
11552	11552	Chapter 1381 (S.B. 1058), Acts of the 80th Legislature, Regular
11553	11553	Session, 2007, is renumbered as Section 431.0295, Government Code.
11554	11554	(29) Section 434.017, Government Code, as added by
11555	11555	Chapter 364 (S.B. 310), Acts of the 80th Legislature, Regular
11556	11556	Session, 2007, is renumbered as Section 434.018, Government Code.
11557	11557	(30) Section 434.107, Government Code, as added by
11558	11558	Chapter 1381 (S.B. 1058), Acts of the 80th Legislature, Regular
11559	11559	Session, 2007, is renumbered as Section 434.108, Government Code.
11560	11560	(31) Subchapter P, Chapter 487, Government Code, as
11561	11561	added by Chapter 712 (H.B. 2235), Acts of the 80th Legislature,
11562	11562	Regular Session, 2007, is relettered as Subchapter Q, Chapter 487,
11563	11563	Government Code, and Sections 487.701, 487.702, and 487.703,
11564	11564	Government Code, as added by that Act, are renumbered as Sections
11565	11565	487.751, 487.752, and 487.753, Government Code, respectively.
11566	11566	(32) Section 493.026, Government Code, as added by
11567	11567	Chapter 263 (S.B. 103), Acts of the 80th Legislature, Regular
11568	11568	Session, 2007, is renumbered as Section 493.028, Government Code.
11569	11569	(33) Section 495.025, Government Code, as added by
11570	11570	Chapter 100 (S.B. 1580), Acts of the 80th Legislature, Regular
11571	11571	Session, 2007, is renumbered as Section 495.027, Government Code.
11572	11572	(34) Section 501.059, Government Code, as added by
11573	11573	Chapter 1227 (H.B. 2389), Acts of the 80th Legislature, Regular
11574	11574	Session, 2007, is renumbered as Section 501.065, Government Code.
11575	11575	(35) Section 531.019, Government Code, as added by
11576	11576	Chapter 1110 (H.B. 3575), Acts of the 80th Legislature, Regular
11577	11577	Session, 2007, is renumbered as Section 531.0191, Government Code.
11578	11578	(36) Section 531.02413, Government Code, as added by
11579	11579	Chapter 605 (H.B. 321), Acts of the 80th Legislature, Regular
11580	11580	Session, 2007, is renumbered as Section 531.02415, Government Code.
11581	11581	(37) Subchapter M, Chapter 531, Government Code, as
11582	11582	added by Chapter 348 (S.B. 156), Acts of the 80th Legislature,
11583	11583	Regular Session, 2007, is relettered as Subchapter Q, Chapter 531,
11584	11584	Government Code, and Sections 531.451, 531.452, 531.453, 531.454,
11585	11585	531.455, 531.456, 531.457, 531.458, 531.459, and 531.460,
11586	11586	Government Code, as added by that Act, are renumbered as Sections
11587	11587	531.651, 531.652, 531.653, 531.654, 531.655, 531.656, 531.657,
11588	11588	531.658, 531.659, and 531.660, Government Code, respectively.
11589	11589	(38) Section 533.019, Government Code, as added by
11590	11590	Chapter 730 (H.B. 2636), Acts of the 80th Legislature, Regular
11591	11591	Session, 2007, is renumbered as Section 533.020, Government Code.
11592	11592	(39) Section 552.148, Government Code, as added by
11593	11593	Chapter 471 (H.B. 2188), Acts of the 80th Legislature, Regular
11594	11594	Session, 2007, is renumbered as Section 552.149, Government Code.
11595	11595	(40) Subchapter H, Chapter 614, Government Code, as
11596	11596	added by Chapter 1215 (H.B. 1915), Acts of the 80th Legislature,
11597	11597	Regular Session, 2007, is relettered as Subchapter I, Chapter 614,
11598	11598	Government Code.
11599	11599	(41) Subchapter H, Chapter 614, Government Code, as
11600	11600	added by Chapter 1159 (H.B. 12), Acts of the 80th Legislature,
11601	11601	Regular Session, 2007, is relettered as Subchapter J, Chapter 614,
11602	11602	Government Code, and Sections 614.151 and 614.152, Government Code,
11603	11603	as added by that Act, are renumbered as Sections 614.171 and
11604	11604	614.172, Government Code, respectively.
11605	11605	(42) Subchapter H, Chapter 614, Government Code, as
11606	11606	added by Chapter 1248 (H.B. 2667), Acts of the 80th Legislature,
11607	11607	Regular Session, 2007, is relettered as Subchapter K, Chapter 614,
11608	11608	Government Code, and Sections 614.121 and 614.122, Government Code,
11609	11609	as added by that Act, are renumbered as Sections 614.191 and
11610	11610	614.192, Government Code, respectively.
11611	11611	(43) Section 662.053, Government Code, as added by
11612	11612	Chapter 386 (S.B. 640), Acts of the 80th Legislature, Regular
11613	11613	Session, 2007, is renumbered as Section 662.054, Government Code.
11614	11614	(44) Section 662.103, Government Code, as added by
11615	11615	Chapter 651 (H.B. 1045), Acts of the 80th Legislature, Regular
11616	11616	Session, 2007, is renumbered as Section 662.105, Government Code.
11617	11617	(45) Section 2155.452, Government Code, as added by
11618	11618	Chapter 258 (S.B. 11), Acts of the 80th Legislature, Regular
11619	11619	Session, 2007, is renumbered as Section 2155.453, Government Code.
11620	11620	(46) Section 2165.008, Government Code, as added by
11621	11621	Chapter 939 (H.B. 3693), Acts of the 80th Legislature, Regular
11622	11622	Session, 2007, is renumbered as Section 2165.009, Government Code.
11623	11623	(47) Section 2252.904, Government Code, as added by
11624	11624	Chapter 979 (S.B. 924), Acts of the 80th Legislature, Regular
11625	11625	Session, 2007, is renumbered as Section 2252.905, Government Code.
11626	11626	(48) Chapter 2264, Government Code, as added by
11627	11627	Chapter 939 (H.B. 3693), Acts of the 80th Legislature, Regular
11628	11628	Session, 2007, is renumbered as Chapter 2265, Government Code, and
11629	11629	Section 2264.001, Government Code, as added by that Act, is
11630	11630	renumbered as Section 2265.001, Government Code.
11631	11631	(49) Chapter 2264, Government Code, as added by
11632	11632	Chapter 1224 (H.B. 2365), Acts of the 80th Legislature, Regular
11633	11633	Session, 2007, is renumbered as Chapter 2266, Government Code, and
11634	11634	Sections 2264.001, 2264.002, 2264.051, 2264.052, 2264.053,
11635	11635	2264.101, 2264.102, 2264.103, 2264.104, 2264.105, 2264.106, and
11636	11636	2264.107, Government Code, as added by that Act, are renumbered as
11637	11637	Sections 2266.001, 2266.002, 2266.051, 2266.052, 2266.053,
11638	11638	2266.101, 2266.102, 2266.103, 2266.104, 2266.105, 2266.106, and
11639	11639	2266.107, Government Code, respectively.
11640	11640	(50) Sections 109.001, 109.002, 109.003, 109.004,
11641	11641	109.005, 109.006, 109.007, 109.008, 109.009, 109.010, 109.011,
11642	11642	109.012, 109.013, and 109.014, Health and Safety Code, as
11643	11643	renumbered from Sections 113.001, 113.002, 113.003, 113.004,
11644	11644	113.005, 113.006, 113.007, 113.008, 113.009, 113.010, 113.011,
11645	11645	113.012, 113.013, and 113.014, Health and Safety Code,
11646	11646	respectively, by Chapter 921 (H.B. 3167), Acts of the 80th
11647	11647	Legislature, Regular Session, 2007, are designated as Subchapter A,
11648	11648	Chapter 109, Health and Safety Code, to conform to Chapter 645 (H.B.
11649	11649	921), Acts of the 80th Legislature, Regular Session, 2007, and the
11650	11650	heading to Subchapter A, Chapter 113, Health and Safety Code, as
11651	11651	added by that Act, is transferred to Chapter 109, Health and Safety
11652	11652	Code, and redesignated as the heading to Subchapter A, Chapter 109,
11653	11653	Health and Safety Code.
11654	11654	(51) Subchapter B, Chapter 113, Health and Safety
11655	11655	Code, as added by Chapter 645 (H.B. 921), Acts of the 80th
11656	11656	Legislature, Regular Session, 2007, is transferred to Chapter 109,
11657	11657	Health and Safety Code, and redesignated as Subchapter B, Chapter
11658	11658	109, Health and Safety Code, and Sections 113.051, 113.052,
11659	11659	113.053, 113.054, 113.055, 113.056, and 113.057, Health and Safety
11660	11660	Code, as added by that Act, are renumbered as Sections 109.051,
11661	11661	109.052, 109.053, 109.054, 109.055, 109.056, and 109.057, Health
11662	11662	and Safety Code, respectively.
11663	11663	(52) Section 161.0102, Health and Safety Code, as
11664	11664	added by Chapter 258 (S.B. 11), Acts of the 80th Legislature,
11665	11665	Regular Session, 2007, is renumbered as Section 161.0104, Health
11666	11666	and Safety Code.
11667	11667	(53) Section 161.0107, Health and Safety Code, as
11668	11668	added by Chapter 59 (H.B. 1379), Acts of the 80th Legislature,
11669	11669	Regular Session, 2007, is renumbered as Section 161.0109, Health
11670	11670	and Safety Code.
11671	11671	(54) Section 341.0357, Health and Safety Code, as
11672	11672	added by Chapter 861 (H.B. 1391), Acts of the 80th Legislature,
11673	11673	Regular Session, 2007, is renumbered as Section 341.0358, Health
11674	11674	and Safety Code.
11675	11675	(55) Subdivision (7-a), Section 382.003, Health and
11676	11676	Safety Code, as added by Chapter 262 (S.B. 12), Acts of the 80th
11677	11677	Legislature, Regular Session, 2007, is renumbered as Subdivision
11678	11678	(7-b), Section 382.003, Health and Safety Code.
11679	11679	(56) Subsection (f), Section 401.301, Health and
11680	11680	Safety Code, as added by Chapter 1332 (S.B. 1604), Acts of the 80th
11681	11681	Legislature, Regular Session, 2007, is relettered as Subsection
11682	11682	(g), Section 401.301, Health and Safety Code.
11683	11683	(57) Subchapter C, Chapter 32, Human Resources Code,
11684	11684	as added by Chapter 268 (S.B. 10), Acts of the 80th Legislature,
11685	11685	Regular Session, 2007, is relettered as Subchapter E, Chapter 32,
11686	11686	Human Resources Code, and Sections 32.101 and 32.102, Human
11687	11687	Resources Code, as added by that Act, are renumbered as Sections
11688	11688	32.201 and 32.202, Human Resources Code, respectively.
11689	11689	(58) Subchapter C, Chapter 32, Human Resources Code,
11690	11690	as added by Chapter 795 (S.B. 22), Acts of the 80th Legislature,
11691	11691	Regular Session, 2007, is relettered as Subchapter F, Chapter 32,
11692	11692	Human Resources Code, and Sections 32.101, 32.102, 32.103, 32.104,
11693	11693	32.105, 32.106, and 32.107, Human Resources Code, as added by that
11694	11694	Act, are renumbered as Sections 32.251, 32.252, 32.253, 32.254,
11695	11695	32.255, 32.256, and 32.257, Human Resources Code, respectively.
11696	11696	(59) Section 61.0763, Human Resources Code, as added
11697	11697	by Chapter 847 (H.B. 1111), Acts of the 80th Legislature, Regular
11698	11698	Session, 2007, is renumbered as Section 61.0765, Human Resources
11699	11699	Code.
11700	11700	(60) Chapter 228, Insurance Code, as added by Chapter
11701	11701	932 (H.B. 3315), Acts of the 80th Legislature, Regular Session,
11702	11702	2007, is renumbered as Chapter 229, Insurance Code, and Sections
11703	11703	228.001 and 228.002, Insurance Code, as added by that Act, are
11704	11704	renumbered as Sections 229.001 and 229.002, Insurance Code,
11705	11705	respectively.
11706	11706	(61) Subchapter G, Chapter 544, Insurance Code, as
11707	11707	added by Chapter 748 (H.B. 2810), Acts of the 79th Legislature,
11708	11708	Regular Session, 2005, is relettered as Subchapter K, Chapter 544,
11709	11709	Insurance Code, and Sections 544.301, 544.302, and 544.303,
11710	11710	Insurance Code, as added by that Act, are renumbered as Sections
11711	11711	544.501, 544.502, and 544.503, Insurance Code, respectively.
11712	11712	(62) Chapter 1215, Insurance Code, as added by Chapter
11713	11713	1322 (S.B. 1391), Acts of the 80th Legislature, Regular Session,
11714	11714	2007, is renumbered as Chapter 1216, Insurance Code, and Sections
11715	11715	1215.001, 1215.002, 1215.003, and 1215.004, Insurance Code, as
11716	11716	added by that Act, are renumbered as Sections 1216.001, 1216.002,
11717	11717	1216.003, and 1216.004, Insurance Code, respectively.
11718	11718	(63) Section 1570.056, Insurance Code, as added by
11719	11719	Chapter 728 (H.B. 2018), Acts of the 79th Legislature, Regular
11720	11720	Session, 2005, is renumbered as Section 1507.056, Insurance Code.
11721	11721	(64) Section 43.035, Local Government Code, as added
11722	11722	by Chapter 1097 (H.B. 3367), Acts of the 80th Legislature, Regular
11723	11723	Session, 2007, is renumbered as Section 43.036, Local Government
11724	11724	Code.
11725	11725	(65) Chapter 177, Local Government Code, as added by
11726	11726	Chapter 985 (S.B. 1207), Acts of the 80th Legislature, Regular
11727	11727	Session, 2007, is renumbered as Chapter 178, Local Government Code,
11728	11728	and Sections 177.001, 177.051, 177.052, 177.053, 177.054, 177.055,
11729	11729	and 177.056, Local Government Code, as added by that Act, are
11730	11730	renumbered as Sections 178.001, 178.051, 178.052, 178.053,
11731	11731	178.054, 178.055, and 178.056, Local Government Code,
11732	11732	respectively.
11733	11733	(66) Section 401.006, Local Government Code, as added
11734	11734	by Chapter 874 (H.B. 1656), Acts of the 80th Legislature, Regular
11735	11735	Session, 2007, is transferred to Chapter 551, Local Government
11736	11736	Code, and renumbered as Section 551.006, Local Government Code.
11737	11737	(67) Section 401.006, Local Government Code, as added
11738	11738	by Chapters 1352 (H.B. 4) and 1430 (S.B. 3), Acts of the 80th
11739	11739	Legislature, Regular Session, 2007, is transferred to Chapter 551,
11740	11740	Local Government Code, and renumbered as Section 551.007, Local
11741	11741	Government Code.
11742	11742	(68) Section 402.911, Local Government Code, as added
11743	11743	by Chapter 1430 (S.B. 3), Acts of the 80th Legislature, Regular
11744	11744	Session, 2007, is transferred to Subchapter Z, Chapter 552, Local
11745	11745	Government Code, and renumbered as Section 552.911, Local
11746	11746	Government Code.
11747	11747	(69) Section 412.017, Local Government Code, as added
11748	11748	by Chapter 858 (H.B. 1314), Acts of the 80th Legislature, Regular
11749	11749	Session, 2007, is transferred to Subchapter B, Chapter 562, Local
11750	11750	Government Code, and renumbered as Section 562.017, Local
11751	11751	Government Code.
11752	11752	(70) Section 412.017, Local Government Code, as added
11753	11753	by Chapter 1104 (H.B. 3475), Acts of the 80th Legislature, Regular
11754	11754	Session, 2007, is transferred to Subchapter B, Chapter 562, Local
11755	11755	Government Code, and renumbered as Section 562.018, Local
11756	11756	Government Code.
11757	11757	(71) Subchapter P, Chapter 91, Natural Resources Code,
11758	11758	as added by Chapter 210 (H.B. 630), Acts of the 80th Legislature,
11759	11759	Regular Session, 2007, is relettered as Subchapter Q, Chapter 91,
11760	11760	Natural Resources Code, and Sections 91.701, 91.702, 91.703,
11761	11761	91.704, and 91.705, Natural Resources Code, as added by that Act,
11762	11762	are renumbered as Sections 91.751, 91.752, 91.753, 91.754, and
11763	11763	91.755, Natural Resources Code, respectively.
11764	11764	(72) Subsection (k), Section 1101.455, Occupations
11765	11765	Code, as added by Chapter 1411 (S.B. 914), Acts of the 80th
11766	11766	Legislature, Regular Session, 2007, is relettered as Subsection
11767	11767	(l), Section 1101.455, Occupations Code.
11768	11768	(73) Section 1702.286, Occupations Code, as added by
11769	11769	Chapter 1102 (H.B. 2243), Acts of the 79th Legislature, Regular
11770	11770	Session, 2005, is renumbered as Section 1702.2865, Occupations
11771	11771	Code.
11772	11772	(74) Section 2301.361, Occupations Code, as added by
11773	11773	Chapter 1363 (H.B. 2559), Acts of the 80th Legislature, Regular
11774	11774	Session, 2007, is renumbered as Section 2301.362, Occupations Code.
11775	11775	(75) Section 2303.160, Occupations Code, as added by
11776	11776	Chapter 1046 (H.B. 2094), Acts of the 80th Legislature, Regular
11777	11777	Session, 2007, is renumbered as Section 2303.161, Occupations Code.
11778	11778	(76) Section 5.016, Property Code, as added by Chapter
11779	11779	843 (H.B. 1038), Acts of the 80th Legislature, Regular Session,
11780	11780	2007, is renumbered as Section 5.018, Property Code.
11781	11781	(77) Subsection (f), Section 82.051, Property Code, as
11782	11782	added by Chapter 1092 (H.B. 3232), Acts of the 80th Legislature,
11783	11783	Regular Session, 2007, is relettered as Subsection (g), Section
11784	11784	82.051, Property Code.
11785	11785	(78) Chapter 8159, Special District Local Laws Code,
11786	11786	as added by Chapter 920 (H.B. 3166), Acts of the 80th Legislature,
11787	11787	Regular Session, 2007, is renumbered as Chapter 8294, Special
11788	11788	District Local Laws Code, and Sections 8159.001, 8159.002,
11789	11789	8159.003, 8159.004, 8159.051, 8159.101, 8159.102, 8159.103, and
11790	11790	8159.104, Special District Local Laws Code, as added by that Act,
11791	11791	are renumbered as Sections 8294.001, 8294.002, 8294.003, 8294.004,
11792	11792	8294.051, 8294.101, 8294.102, 8294.103, and 8294.104, Special
11793	11793	District Local Laws Code, respectively.
11794	11794	(79) Chapter 8160, Special District Local Laws Code,
11795	11795	as added by Chapter 920 (H.B. 3166), Acts of the 80th Legislature,
11796	11796	Regular Session, 2007, is renumbered as Chapter 8295, Special
11797	11797	District Local Laws Code, and Sections 8160.001, 8160.002,
11798	11798	8160.003, 8160.004, 8160.051, and 8160.101, Special District Local
11799	11799	Laws Code, as added by that Act, are renumbered as Sections
11800	11800	8295.001, 8295.002, 8295.003, 8295.004, 8295.051, and 8295.101,
11801	11801	Special District Local Laws Code, respectively.
11802	11802	(80) Chapter 8163, Special District Local Laws Code,
11803	11803	as added by Chapter 920 (H.B. 3166), Acts of the 80th Legislature,
11804	11804	Regular Session, 2007, is renumbered as Chapter 8296, Special
11805	11805	District Local Laws Code, and Sections 8163.001, 8163.002,
11806	11806	8163.003, 8163.004, 8163.051, and 8163.101, Special District Local
11807	11807	Laws Code, as added by that Act, are renumbered as Sections
11808	11808	8296.001, 8296.002, 8296.003, 8296.004, 8296.051, and 8296.101,
11809	11809	Special District Local Laws Code, respectively.
11810	11810	(81) Chapter 8164, Special District Local Laws Code,
11811	11811	as added by Chapter 920 (H.B. 3166), Acts of the 80th Legislature,
11812	11812	Regular Session, 2007, is renumbered as Chapter 8298, Special
11813	11813	District Local Laws Code, and Sections 8164.001, 8164.002,
11814	11814	8164.003, 8164.004, 8164.051, 8164.052, 8164.053, 8164.054,
11815	11815	8164.055, 8164.101, 8164.102, 8164.103, 8164.104, 8164.105,
11816	11816	8164.106, 8164.107, 8164.151, 8164.152, 8164.153, 8164.154,
11817	11817	8164.155, and 8164.201, Special District Local Laws Code, as added
11818	11818	by that Act, are renumbered as Sections 8298.001, 8298.002,
11819	11819	8298.003, 8298.004, 8298.051, 8298.052, 8298.053, 8298.054,
11820	11820	8298.055, 8298.101, 8298.102, 8298.103, 8298.104, 8298.105,
11821	11821	8298.106, 8298.107, 8298.151, 8298.152, 8298.153, 8298.154,
11822	11822	8298.155, and 8298.201, Special District Local Laws Code,
11823	11823	respectively.
11824	11824	(82) Chapter 8208, Special District Local Laws Code,
11825	11825	as added by Chapter 1314 (S.B. 1069), Acts of the 80th Legislature,
11826	11826	Regular Session, 2007, is renumbered as Chapter 8299, Special
11827	11827	District Local Laws Code, and Sections 8208.001, 8208.002,
11828	11828	8208.003, 8208.004, 8208.051, 8208.052, 8208.053, 8208.054,
11829	11829	8208.055, 8208.056, 8208.101, 8208.102, 8208.103, 8208.151, and
11830	11830	8208.201, Special District Local Laws Code, as added by that Act,
11831	11831	are renumbered as Sections 8299.001, 8299.002, 8299.003, 8299.004,
11832	11832	8299.051, 8299.052, 8299.053, 8299.054, 8299.055, 8299.056,
11833	11833	8299.101, 8299.102, 8299.103, 8299.151, and 8299.201, Special
11834	11834	District Local Laws Code, respectively.
11835	11835	(83) Chapter 8210, Special District Local Laws Code,
11836	11836	as added by Chapter 170 (S.B. 1977), Acts of the 80th Legislature,
11837	11837	Regular Session, 2007, is renumbered as Chapter 8300, Special
11838	11838	District Local Laws Code, and Sections 8210.001, 8210.002,
11839	11839	8210.003, 8210.004, 8210.005, 8210.051, 8210.052, 8210.053,
11840	11840	8210.101, 8210.102, 8210.103, 8210.151, 8210.152, 8210.201, and
11841	11841	8210.202, Special District Local Laws Code, as added by that Act,
11842	11842	are renumbered as Sections 8300.001, 8300.002, 8300.003, 8300.004,
11843	11843	8300.005, 8300.051, 8300.052, 8300.053, 8300.101, 8300.102,
11844	11844	8300.103, 8300.151, 8300.152, 8300.201, and 8300.202, Special
11845	11845	District Local Laws Code, respectively.
11846	11846	(84) Chapter 8269, Special District Local Laws Code,
11847	11847	as added by Chapter 1430 (S.B. 3), Acts of the 80th Legislature,
11848	11848	Regular Session, 2007, is renumbered as Chapter 8301, Special
11849	11849	District Local Laws Code, and Sections 8269.001, 8269.002,
11850	11850	8269.003, 8269.004, 8269.005, 8269.021, 8269.022, 8269.023,
11851	11851	8269.024, 8269.025, 8269.026, 8269.051, 8269.052, 8269.101,
11852	11852	8269.102, 8269.103, 8269.104, 8269.151, 8269.152, 8269.201, and
11853	11853	8269.202, Special District Local Laws Code, as added by that Act,
11854	11854	are renumbered as Sections 8301.001, 8301.002, 8301.003, 8301.004,
11855	11855	8301.005, 8301.021, 8301.022, 8301.023, 8301.024, 8301.025,
11856	11856	8301.026, 8301.051, 8301.052, 8301.101, 8301.102, 8301.103,
11857	11857	8301.104, 8301.151, 8301.152, 8301.201, and 8301.202, Special
11858	11858	District Local Laws Code, respectively.
11859	11859	(85) Chapter 9009, Special District Local Laws Code,
11860	11860	as added by Chapter 920 (H.B. 3166), Acts of the 80th Legislature,
11861	11861	Regular Session, 2007, is renumbered as Chapter 9015, Special
11862	11862	District Local Laws Code, and Sections 9009.001, 9009.002,
11863	11863	9009.003, 9009.004, 9009.051, 9009.052, 9009.101, 9009.102,
11864	11864	9009.103, 9009.104, 9009.105, 9009.106, 9009.107, 9009.108,
11865	11865	9009.109, 9009.151, 9009.152, 9009.153, 9009.154, 9009.155,
11866	11866	9009.156, 9009.157, 9009.158, 9009.201, 9009.202, 9009.203,
11867	11867	9009.204, 9009.205, 9009.251, 9009.252, 9009.253, 9009.254,
11868	11868	9009.255, 9009.301, 9009.302, 9009.303, 9009.351, 9009.352,
11869	11869	9009.353, 9009.354, 9009.355, 9009.356, 9009.357, 9009.358,
11870	11870	9009.359, 9009.360, 9009.361, 9009.362, 9009.363, 9009.364, and
11871	11871	9009.365, Special District Local Laws Code, as added by that Act,
11872	11872	are renumbered as Sections 9015.001, 9015.002, 9015.003, 9015.004,
11873	11873	9015.051, 9015.052, 9015.101, 9015.102, 9015.103, 9015.104,
11874	11874	9015.105, 9015.106, 9015.107, 9015.108, 9015.109, 9015.151,
11875	11875	9015.152, 9015.153, 9015.154, 9015.155, 9015.156, 9015.157,
11876	11876	9015.158, 9015.201, 9015.202, 9015.203, 9015.204, 9015.205,
11877	11877	9015.251, 9015.252, 9015.253, 9015.254, 9015.255, 9015.301,
11878	11878	9015.302, 9015.303, 9015.351, 9015.352, 9015.353, 9015.354,
11879	11879	9015.355, 9015.356, 9015.357, 9015.358, 9015.359, 9015.360,
11880	11880	9015.361, 9015.362, 9015.363, 9015.364, and 9015.365, Special
11881	11881	District Local Laws Code, respectively.
11882	11882	(86) Section 11.253, Tax Code, as added by Chapter 842
11883	11883	(H.B. 1022), Acts of the 80th Legislature, Regular Session, 2007,
11884	11884	is renumbered as Section 11.254, Tax Code.
11885	11885	(87) Subsection (c-1), Section 162.227, Tax Code, as
11886	11886	added by Chapter 911 (H.B. 2982), Acts of the 80th Legislature,
11887	11887	Regular Session, 2007, is relettered as Subsection (c-2), Section
11888	11888	162.227, Tax Code.
11889	11889	(88) Section 313.008, Tax Code, as added by Chapter
11890	11890	1270 (H.B. 3430), Acts of the 80th Legislature, Regular Session,
11891	11891	2007, is renumbered as Section 313.009, Tax Code.
11892	11892	(89) Section 201.617, Transportation Code, as added by
11893	11893	Chapter 474 (H.B. 137), Acts of the 79th Legislature, Regular
11894	11894	Session, 2005, is renumbered as Section 201.620, Transportation
11895	11895	Code.
11896	11896	(90) Section 201.805, Transportation Code, as added by
11897	11897	Chapter 1407 (S.B. 766), Acts of the 80th Legislature, Regular
11898	11898	Session, 2007, is renumbered as Section 201.806, Transportation
11899	11899	Code.
11900	11900	(91) Section 201.907, Transportation Code, as added by
11901	11901	Chapter 1086 (H.B. 1925), Acts of the 79th Legislature, Regular
11902	11902	Session, 2005, is renumbered as Section 201.908, Transportation
11903	11903	Code.
11904	11904	(92) Section 225.044, Transportation Code, as added by
11905	11905	Chapter 1420 (H.B. 2812), Acts of the 77th Legislature, Regular
11906	11906	Session, 2001, is renumbered as Section 225.071, Transportation
11907	11907	Code.
11908	11908	(93) Section 225.059, Transportation Code, as added by
11909	11909	Chapter 546 (H.B. 1136), Acts of the 79th Legislature, Regular
11910	11910	Session, 2005, is renumbered as Section 225.072, Transportation
11911	11911	Code.
11912	11912	(94) Section 225.059, Transportation Code, as added by
11913	11913	Chapter 286 (H.B. 540), Acts of the 79th Legislature, Regular
11914	11914	Session, 2005, is renumbered as Section 225.0591, Transportation
11915	11915	Code.
11916	11916	(95) Subsection (a-1), Section 225.0591,
11917	11917	Transportation Code, as renumbered from Section 225.059,
11918	11918	Transportation Code, by this section, is relettered as Subsection
11919	11919	(a), Section 225.0591, Transportation Code.
11920	11920	(96) Section 225.066, Transportation Code, as added by
11921	11921	Chapter 99 (H.B. 2296), Acts of the 80th Legislature, Regular
11922	11922	Session, 2007, is renumbered as Section 225.073, Transportation
11923	11923	Code.
11924	11924	(97) Section 225.066, Transportation Code, as added by
11925	11925	Chapter 1160 (H.B. 53), Acts of the 80th Legislature, Regular
11926	11926	Session, 2007, is renumbered as Section 225.074, Transportation
11927	11927	Code.
11928	11928	(98) Section 225.069, Transportation Code, as added by
11929	11929	Chapter 1160 (H.B. 53), Acts of the 80th Legislature, Regular
11930	11930	Session, 2007, is renumbered as Section 225.075, Transportation
11931	11931	Code.
11932	11932	(99) Section 225.070, Transportation Code, as added by
11933	11933	Chapter 1160 (H.B. 53), Acts of the 80th Legislature, Regular
11934	11934	Session, 2007, is renumbered as Section 225.076, Transportation
11935	11935	Code.
11936	11936	(100) Subsection (b), Section 391.091, Transportation
11937	11937	Code, as added by Chapter 743 (H.B. 3330), Acts of the 78th
11938	11938	Legislature, Regular Session, 2003, is relettered as Subsection
11939	11939	(b-1), Section 391.091, Transportation Code.
11940	11940	(101) Subsection (c), Section 394.021, Transportation
11941	11941	Code, as added by Chapter 1083 (H.B. 2944), Acts of the 80th
11942	11942	Legislature, Regular Session, 2007, is relettered as Subsection
11943	11943	(b-1), Section 394.021, Transportation Code.
11944	11944	(102) Subsection (c), Section 502.409, Transportation
11945	11945	Code, as added by Chapter 1027 (H.B. 1623), Acts of the 80th
11946	11946	Legislature, Regular Session, 2007, is relettered as Subsection
11947	11947	(d), Section 502.409, Transportation Code.
11948	11948	(103) Subsection (h), Section 504.315, Transportation
11949	11949	Code, as added by Chapter 1166 (H.B. 191), Acts of the 80th
11950	11950	Legislature, Regular Session, 2007, is relettered as Subsection
11951	11951	(i), Section 504.315, Transportation Code.
11952	11952	(104) Subsection (d), Section 521.049, Transportation
11953	11953	Code, as added by Chapter 424 (S.B. 1372), Acts of the 80th
11954	11954	Legislature, Regular Session, 2007, is relettered as Subsection
11955	11955	(f), Section 521.049, Transportation Code.
11956	11956	(105) Subsection (f), Section 521.421, Transportation
11957	11957	Code, as added by Chapter 510 (S.B. 1403), Acts of the 75th
11958	11958	Legislature, Regular Session, 1997, is relettered as Subsection
11959	11959	(j), Section 521.421, Transportation Code.
11960	11960	(106) Subsection (j), Section 522.029, Transportation
11961	11961	Code, as added by Chapter 1319 (S.B. 1260), Acts of the 80th
11962	11962	Legislature, Regular Session, 2007, is relettered as Subsection
11963	11963	(k), Section 522.029, Transportation Code.
11964	11964	(107) Section 522.054, Transportation Code, as added
11965	11965	by Chapter 424 (S.B. 1372), Acts of the 80th Legislature, Regular
11966	11966	Session, 2007, is renumbered as Section 522.0541, Transportation
11967	11967	Code.
11968	11968	(108) Section 545.426, Transportation Code, as added
11969	11969	by Chapter 424 (S.B. 1372), Acts of the 80th Legislature, Regular
11970	11970	Session, 2007, is renumbered as Section 545.427, Transportation
11971	11971	Code.
11972	11972	(109) Section 643.209, Transportation Code, is
11973	11973	transferred to Subchapter E, Chapter 2308, Occupations Code, and
11974	11974	renumbered as Section 2308.209, Occupations Code.
11975	11975	(110) Subsection (i), Section 39.107, Utilities Code,
11976	11976	as added by Chapter 527 (S.B. 831), Acts of the 80th Legislature,
11977	11977	Regular Session, 2007, is relettered as Subsection (j), Section
11978	11978	39.107, Utilities Code.
11979	11979	(111) Section 39.9051, Utilities Code, as added by
11980	11980	Chapter 262 (S.B. 12), Acts of the 80th Legislature, Regular
11981	11981	Session, 2007, is renumbered as Section 39.9053, Utilities Code.
11982	11982	(112) Section 27.023, Water Code, as added by Chapter
11983	11983	901 (H.B. 2654), Acts of the 80th Legislature, Regular Session,
11984	11984	2007, is renumbered as Section 27.025, Water Code.
11985	11985	SECTION 27.002. The following changes are made to conform
11986	11986	the provisions amended to the renumbering and relettering changes
11987	11987	made by Section 27.001 of this Act:
11988	11988	(1) Subsection (j), Section 201.026, Agriculture
11989	11989	Code, as relettered from Subsection (g), Section 201.026,
11990	11990	Agriculture Code, by this article, is amended to read as follows:
11991	11991	(j) [(g)] The Texas Commission on Environmental Quality may
11992	11992	not require a landowner who requests and complies with a water
11993	11993	quality management plan under Subsection (i) [(f)] to record the
11994	11994	burial of animal carcasses in the county deed records or report the
11995	11995	burial to the commission.
11996	11996	(2) Subsection (b), Section 33.052, Election Code, is
11997	11997	amended to read as follows:
11998	11998	(b) For purposes of this section, a watcher is considered to
11999	11999	have served continuously if the watcher leaves the polling place
12000	12000	for the purpose of using a wireless communication device prohibited
12001	12001	from use in the polling place under Section 61.014 [61.013] and the
12002	12002	watcher promptly returns.
12003	12003	(3) Subsection (a), Section 62.0111, Election Code, is
12004	12004	amended to read as follows:
12005	12005	(a) At the discretion of the presiding judge, notice of the
12006	12006	prohibition of the use of certain devices under Section 61.014
12007	12007	[61.013] may be posted at one or more locations in the polling place
12008	12008	where it can be read by persons waiting to vote.
12009	12009	(4) Subsection (a), Section 352.002, Finance Code, as
12010	12010	renumbered from Section 351.002, Finance Code, by this article, is
12011	12011	amended to read as follows:
12012	12012	(a) A person may not, individually or in conjunction or
12013	12013	cooperation with another person, act as a facilitator unless the
12014	12014	person is:
12015	12015	(1) engaged in the business of preparing tax returns,
12016	12016	or employed by a person engaged in the business of preparing tax
12017	12017	returns;
12018	12018	(2) primarily involved in financial services or tax
12019	12019	preparations;
12020	12020	(3) authorized by the Internal Revenue Service as an
12021	12021	e-file provider; and
12022	12022	(4) registered with the commissioner as a facilitator
12023	12023	under Section 352.003 [351.003].
12024	12024	(5) Subsection (a), Section 352.004, Finance Code, as
12025	12025	renumbered from Section 351.004, Finance Code, by this article, is
12026	12026	amended to read as follows:
12027	12027	(a) A facilitator to which Section 352.002 [351.002]
12028	12028	applies shall discuss with and clearly disclose to a borrower,
12029	12029	after the borrower's tax return has been prepared and before the
12030	12030	loan is closed:
12031	12031	(1) the refund anticipation loan fee schedule;
12032	12032	(2) a written statement disclosing:
12033	12033	(A) that a refund anticipation loan is a loan and
12034	12034	is not the borrower's actual income tax refund;
12035	12035	(B) that the taxpayer may file an income tax
12036	12036	return electronically without applying for a refund anticipation
12037	12037	loan;
12038	12038	(C) that the borrower is responsible for
12039	12039	repayment of the loan and related fees if the tax refund is not paid
12040	12040	or is insufficient to repay the loan;
12041	12041	(D) any fee that will be charged if the loan is
12042	12042	not approved;
12043	12043	(E) the average time, as published by the
12044	12044	Internal Revenue Service, within which a taxpayer can expect to
12045	12045	receive a refund for an income tax return filed:
12046	12046	(i) electronically, and the refund is:
12047	12047	(a) deposited directly into the
12048	12048	taxpayer's bank account; or
12049	12049	(b) mailed to the taxpayer; and
12050	12050	(ii) by mail, and the refund is:
12051	12051	(a) deposited directly into the
12052	12052	taxpayer's financial institution account; or
12053	12053	(b) mailed to the taxpayer;
12054	12054	(F) that the Internal Revenue Service does not
12055	12055	guarantee:
12056	12056	(i) payment of the full amount of the
12057	12057	anticipated refund; or
12058	12058	(ii) a specific date on which it will mail a
12059	12059	refund or deposit the refund into a taxpayer's financial
12060	12060	institution account; and
12061	12061	(G) the estimated time within which the proceeds
12062	12062	of the refund anticipation loan will be paid to the borrower if the
12063	12063	loan is approved; and
12064	12064	(3) the following information, specific to the
12065	12065	borrower:
12066	12066	(A) the estimated total fees for the loan; and
12067	12067	(B) the estimated annual percentage rate for the
12068	12068	loan, calculated using the guidelines established under the Truth
12069	12069	in Lending Act (15 U.S.C. Section 1601 et seq.).
12070	12070	(6) Subsection (a), Section 411.179, Government Code,
12071	12071	is amended to read as follows:
12072	12072	(a) The department by rule shall adopt the form of the
12073	12073	license. A license must include:
12074	12074	(1) a number assigned to the license holder by the
12075	12075	department;
12076	12076	(2) a statement of the period for which the license is
12077	12077	effective;
12078	12078	(3) a statement of the category or categories of
12079	12079	handguns the license holder may carry as provided by Subsection
12080	12080	(b);
12081	12081	(4) a color photograph of the license holder;
12082	12082	(5) the license holder's full name, date of birth, hair
12083	12083	and eye color, height, weight, and signature;
12084	12084	(6) the license holder's residence address or, as
12085	12085	provided by Subsection (d) [(c)], the street address of the
12086	12086	courthouse in which the license holder or license holder's spouse
12087	12087	serves as a federal judge or the license holder serves as a state
12088	12088	judge; and
12089	12089	(7) the number of a driver's license or an
12090	12090	identification certificate issued to the license holder by the
12091	12091	department.
12092	12092	(7) Subsection (c), Section 531.654, Government Code,
12093	12093	as renumbered from Section 531.454, Government Code, by this
12094	12094	article, is amended to read as follows:
12095	12095	(c) The application prescribed by the commission must:
12096	12096	(1) require the applicant to provide data on the
12097	12097	number of low-income, first-time mothers residing in the community
12098	12098	in which the applicant proposes to operate or expand a partnership
12099	12099	program and provide a description of existing services available to
12100	12100	those mothers;
12101	12101	(2) describe the ongoing monitoring and evaluation
12102	12102	process to which a grant recipient is subject under Section 531.659
12103	12103	[531.459], including the recipient's obligation to collect and
12104	12104	provide information requested by the commission under Section
12105	12105	531.659(c) [531.459(c)]; and
12106	12106	(3) require the applicant to provide other relevant
12107	12107	information as determined by the commission.
12108	12108	(8) Section 531.655, Government Code, as renumbered
12109	12109	from Section 531.455, Government Code, by this article, is amended
12110	12110	to read as follows:
12111	12111	Sec. 531.655 [531.455]. ADDITIONAL CONSIDERATIONS IN
12112	12112	AWARDING GRANTS. In addition to the factors described by Sections
12113	12113	531.652(b) [531.452(b)] and 531.653 [531.453], in determining
12114	12114	whether to award a grant to an applicant under this subchapter, the
12115	12115	commission shall consider:
12116	12116	(1) the demonstrated need for a partnership program in
12117	12117	the community in which the applicant proposes to operate or expand
12118	12118	the program, which may be determined by considering:
12119	12119	(A) the poverty rate, the crime rate, the number
12120	12120	of births to Medicaid recipients, the rate of poor birth outcomes,
12121	12121	and the incidence of child abuse and neglect during a prescribed
12122	12122	period in the community; and
12123	12123	(B) the need to enhance school readiness in the
12124	12124	community;
12125	12125	(2) the applicant's ability to participate in ongoing
12126	12126	monitoring and performance evaluations under Section 531.659
12127	12127	[531.459], including the applicant's ability to collect and provide
12128	12128	information requested by the commission under Section 531.659(c)
12129	12129	[531.459(c)];
12130	12130	(3) the applicant's ability to adhere to the
12131	12131	partnership program standards adopted under Section 531.656
12132	12132	[531.456];
12133	12133	(4) the applicant's ability to develop broad-based
12134	12134	community support for implementing or expanding a partnership
12135	12135	program, as applicable; and
12136	12136	(5) the applicant's history of developing and
12137	12137	sustaining innovative, high-quality programs that meet the needs of
12138	12138	families and communities.
12139	12139	(9) Subsections (a) and (b), Section 531.659,
12140	12140	Government Code, as renumbered from Section 531.459, Government
12141	12141	Code, by this article, are amended to read as follows:
12142	12142	(a) The commission, with the assistance of the Nurse-Family
12143	12143	Partnership National Service Office, shall:
12144	12144	(1) adopt performance indicators that are designed to
12145	12145	measure a grant recipient's performance with respect to the
12146	12146	partnership program standards adopted by the commission under
12147	12147	Section 531.656 [531.456];
12148	12148	(2) use the performance indicators to continuously
12149	12149	monitor and formally evaluate on an annual basis the performance of
12150	12150	each grant recipient; and
12151	12151	(3) prepare and submit an annual report, not later
12152	12152	than December 1 of each year, to the Senate Health and Human
12153	12153	Services Committee, or its successor, and the House Human Services
12154	12154	Committee, or its successor, regarding the performance of each
12155	12155	grant recipient during the preceding state fiscal year with respect
12156	12156	to providing partnership program services.
12157	12157	(b) The report required under Subsection (a)(3) must
12158	12158	include:
12159	12159	(1) the number of low-income, first-time mothers to
12160	12160	whom each grant recipient provided partnership program services
12161	12161	and, of that number, the number of mothers who established the
12162	12162	paternity of an alleged father as a result of services provided
12163	12163	under the program;
12164	12164	(2) the extent to which each grant recipient made
12165	12165	regular visits to mothers during the period described by Section
12166	12166	531.653(4) [531.453(4)]; and
12167	12167	(3) the extent to which each grant recipient adhered
12168	12168	to the Nurse-Family Partnership National Service Office's program
12169	12169	model, including the extent to which registered nurses:
12170	12170	(A) conducted home visitations comparable in
12171	12171	frequency, duration, and content to those delivered in Nurse-Family
12172	12172	Partnership National Service Office clinical trials; and
12173	12173	(B) assessed the health and well-being of mothers
12174	12174	and children participating in the partnership programs in
12175	12175	accordance with indicators of maternal, child, and family health
12176	12176	defined by the commission in consultation with the Nurse-Family
12177	12177	Partnership National Service Office.
12178	12178	(10) Subsection (d), Section 361.086, Health and
12179	12179	Safety Code, is amended to read as follows:
12180	12180	(d) A separate permit is not required for activities
12181	12181	authorized by a general permit issued under Section 27.025
12182	12182	[27.023], Water Code.
12183	12183	(11) Subsection (a), Section 91.027, Human Resources
12184	12184	Code, is amended to read as follows:
12185	12185	(a) To the extent that funds are available under Sections
12186	12186	521.421(j) [521.421(f), as added by Chapter 510, Acts of the 75th
12187	12187	Legislature, Regular Session, 1997,] and 521.422(b),
12188	12188	Transportation Code, the commission shall operate a Blindness
12189	12189	Education, Screening, and Treatment Program to provide:
12190	12190	(1) blindness prevention education and screening and
12191	12191	treatment to prevent blindness for residents who are not covered
12192	12192	under an adequate health benefit plan; and
12193	12193	(2) transition services to blind disabled individuals
12194	12194	eligible for vocational rehabilitation services under Section
12195	12195	91.052.
12196	12196	(12) Section 1216.003, Insurance Code, as renumbered
12197	12197	from Section 1215.003, Insurance Code, by this article, is amended
12198	12198	to read as follows:
12199	12199	Sec. 1216.003 [1215.003]. EXCEPTION. This chapter does not
12200	12200	apply to:
12201	12201	(1) a plan that provides coverage:
12202	12202	(A) only for a specified disease;
12203	12203	(B) only for accidental death or dismemberment;
12204	12204	(C) for wages or payments in lieu of wages for a
12205	12205	period during which an employee is absent from work because of
12206	12206	sickness or injury;
12207	12207	(D) as a supplement to a liability insurance
12208	12208	policy;
12209	12209	(E) only for dental or vision care;
12210	12210	(F) only for indemnity for hospital confinement;
12211	12211	or
12212	12212	(G) only for health care services provided to an
12213	12213	enrollee while the enrollee is traveling to, visiting, or residing
12214	12214	in a foreign country;
12215	12215	(2) a Medicare supplemental policy as defined by
12216	12216	Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss);
12217	12217	(3) a workers' compensation insurance policy;
12218	12218	(4) medical payment insurance coverage provided under
12219	12219	a motor vehicle insurance policy; or
12220	12220	(5) a long-term care insurance policy, including a
12221	12221	nursing home fixed indemnity policy, unless the commissioner
12222	12222	determines that the policy provides benefit coverage so
12223	12223	comprehensive that the policy is a health benefit plan as described
12224	12224	by Section 1216.002 [1215.002].
12225	12225	(13) Subdivisions (2) and (4), Section 1651.101,
12226	12226	Insurance Code, are amended to read as follows:
12227	12227	(2) "Dollar-for-dollar asset disregard" and "asset
12228	12228	protection" have the meanings assigned by Section 32.251 [32.101],
12229	12229	Human Resources Code.
12230	12230	(4) "Partnership for long-term care program" means the
12231	12231	program established under Subchapter F [C], Chapter 32, Human
12232	12232	Resources Code, and this subchapter.
12233	12233	(14) Subsection (b), Section 178.056, Local
12234	12234	Government Code, as renumbered from Section 177.056, Local
12235	12235	Government Code, by this article, is amended to read as follows:
12236	12236	(b) If the special district is located wholly or partly in
12237	12237	more than one county and if the action of more than one
12238	12238	commissioners court was needed under Section 178.055(b)(2)
12239	12239	[177.055(b)(2)] to remove the director, the commissioners court of
12240	12240	each of those counties must agree on the appointment.
12241	12241	(15) Section 8299.003, Special District Local Laws
12242	12242	Code, as renumbered from Section 8208.003, Special District Local
12243	12243	Laws Code, by this article, is amended to read as follows:
12244	12244	Sec. 8299.003 [8208.003]. CONFIRMATION ELECTION REQUIRED.
12245	12245	If the creation of the district is not confirmed at a confirmation
12246	12246	election held under Section 8299.055 [8208.055] before September 1,
12247	12247	2011:
12248	12248	(1) the district is dissolved September 1, 2011,
12249	12249	except that:
12250	12250	(A) any debts incurred shall be paid;
12251	12251	(B) any assets that remain after the payment of
12252	12252	debts shall be transferred to Fort Bend County; and
12253	12253	(C) the organization of the district shall be
12254	12254	maintained until all debts are paid and remaining assets are
12255	12255	transferred; and
12256	12256	(2) this chapter expires September 1, 2014.
12257	12257	(16) Subsection (b), Section 8299.053, Special
12258	12258	District Local Laws Code, as renumbered from Section 8208.053,
12259	12259	Special District Local Laws Code, by this article, is amended to
12260	12260	read as follows:
12261	12261	(b) Notwithstanding Section 8299.051(b) [8208.051(b)], the
12262	12262	terms of the first three directors named in Subsection (a) expire on
12263	12263	the uniform election date in May 2008, and the terms of the last two
12264	12264	directors named in Subsection (a) expire on the uniform election
12265	12265	date in May 2010.
12266	12266	(17) Section 8299.054, Special District Local Laws
12267	12267	Code, as renumbered from Section 8208.054, Special District Local
12268	12268	Laws Code, by this article, is amended to read as follows:
12269	12269	Sec. 8299.054 [8208.054]. CONSENT OF MUNICIPALITY
12270	12270	REQUIRED. The initial directors may not hold an election under
12271	12271	Section 8299.055 [8208.055] until each municipality in whose
12272	12272	corporate limits or extraterritorial jurisdiction the district is
12273	12273	located has adopted a resolution consenting to the creation of the
12274	12274	district.
12275	12275	(18) Section 8299.056, Special District Local Laws
12276	12276	Code, as renumbered from Section 8208.056, Special District Local
12277	12277	Laws Code, by this article, is amended to read as follows:
12278	12278	Sec. 8299.056 [8208.056]. EXPIRATION. Sections 8299.053
12279	12279	[8208.053], 8299.054 [8208.054], and 8299.055 [8208.055] and this
12280	12280	section expire September 1, 2011.
12281	12281	(19) Section 8299.151, Special District Local Laws
12282	12282	Code, as renumbered from Section 8208.151, Special District Local
12283	12283	Laws Code, by this article, is amended to read as follows:
12284	12284	Sec. 8299.151 [8208.151]. TAX TO REPAY BONDS. The district
12285	12285	may impose a tax to pay the principal of or interest on bonds issued
12286	12286	under Section 8299.201 [8208.201].
12287	12287	(20) Section 8299.201, Special District Local Laws
12288	12288	Code, as renumbered from Section 8208.201, Special District Local
12289	12289	Laws Code, by this article, is amended to read as follows:
12290	12290	Sec. 8299.201 [8208.201]. AUTHORITY TO ISSUE BONDS AND
12291	12291	OTHER OBLIGATIONS. (a) The district may issue bonds or other
12292	12292	obligations as provided by Chapters 49 and 54, Water Code, to
12293	12293	finance the construction, maintenance, or operation of projects
12294	12294	under Sections 8299.101 [8208.101] and 8299.102 [8208.102].
12295	12295	(b) The district may not issue bonds to finance projects
12296	12296	authorized by Section 8299.102 [8208.102] unless the issuance is
12297	12297	approved by a vote of a two-thirds majority of the voters of the
12298	12298	district voting at an election called for that purpose.
12299	12299	(c) Bonds or other obligations issued or incurred to finance
12300	12300	projects authorized by Section 8299.102 [8208.102] may not exceed
12301	12301	one-fourth of the assessed value of the real property in the
12302	12302	district.
12303	12303	(21) Subsection (b), Section 8300.051, Special
12304	12304	District Local Laws Code, as renumbered from Section 8210.051,
12305	12305	Special District Local Laws Code, by this article, is amended to
12306	12306	read as follows:
12307	12307	(b) Except as provided by Section 8300.053 [8210.053],
12308	12308	directors serve staggered four-year terms.
12309	12309	(22) Subsection (a), Section 8300.152, Special
12310	12310	District Local Laws Code, as renumbered from Section 8210.152,
12311	12311	Special District Local Laws Code, by this article, is amended to
12312	12312	read as follows:
12313	12313	(a) If authorized at an election held in accordance with
12314	12314	Section 8300.151 [8210.151], the district may impose an operation
12315	12315	and maintenance tax on taxable property in the district in
12316	12316	accordance with the provisions of Section [Chapter] 49.107, Water
12317	12317	Code.
12318	12318	(23) Section 8301.003, Special District Local Laws
12319	12319	Code, as renumbered from Section 8269.003, Special District Local
12320	12320	Laws Code, by this article, is amended to read as follows:
12321	12321	Sec. 8301.003 [8269.003]. CONFIRMATION ELECTION REQUIRED.
12322	12322	If the creation of the district is not confirmed at a confirmation
12323	12323	election held under Section 8301.023 [8269.023] before September 1,
12324	12324	2012:
12325	12325	(1) the district is dissolved September 1, 2012,
12326	12326	except that:
12327	12327	(A) any debts incurred shall be paid;
12328	12328	(B) any assets that remain after the payment of
12329	12329	debts shall be transferred to Hays County; and
12330	12330	(C) the organization of the district shall be
12331	12331	maintained until all debts are paid and remaining assets are
12332	12332	transferred; and
12333	12333	(2) this chapter expires September 1, 2015.
12334	12334	(24) Subsection (d), Section 8301.021, Special
12335	12335	District Local Laws Code, as renumbered from Section 8269.021,
12336	12336	Special District Local Laws Code, by this article, is amended to
12337	12337	read as follows:
12338	12338	(d) Temporary directors serve until the earlier of:
12339	12339	(1) the date directors are elected under Section
12340	12340	8301.023 [8269.023]; or
12341	12341	(2) the date this chapter expires under Section
12342	12342	8301.003 [8269.003].
12343	12343	(25) Section 8301.024, Special District Local Laws
12344	12344	Code, as renumbered from Section 8269.024, Special District Local
12345	12345	Laws Code, by this article, is amended to read as follows:
12346	12346	Sec. 8301.024 [8269.024]. INITIAL ELECTED DIRECTORS;
12347	12347	TERMS. The directors elected under Section 8301.023 [8269.023]
12348	12348	shall draw lots to determine which two serve until the first
12349	12349	regularly scheduled election of directors under Section 8301.052
12350	12350	[8269.052] and which three shall serve until the second regularly
12351	12351	scheduled election of directors.
12352	12352	(26) Section 8301.025, Special District Local Laws
12353	12353	Code, as renumbered from Section 8269.025, Special District Local
12354	12354	Laws Code, by this article, is amended to read as follows:
12355	12355	Sec. 8301.025 [8269.025]. DATE OF FIRST REGULARLY
12356	12356	SCHEDULED ELECTION OF DIRECTORS. The board by order may postpone
12357	12357	the first election under Section 8301.052 [8269.052] following the
12358	12358	confirmation and initial directors' election held under Section
12359	12359	8301.023 [8269.023] if:
12360	12360	(1) the election would otherwise occur not later than
12361	12361	the 60th day after the date on which the confirmation election is
12362	12362	held; or
12363	12363	(2) the board determines that there is not sufficient
12364	12364	time to comply with the requirements of law and to order the
12365	12365	election.
12366	12366	(27) Subsection (a), Section 8301.151, Special
12367	12367	District Local Laws Code, as renumbered from Section 8269.151,
12368	12368	Special District Local Laws Code, by this article, is amended to
12369	12369	read as follows:
12370	12370	(a) Except as provided by Section 8301.201(b)
12371	12371	[8269.201(b)], the district may issue, without an election, bonds
12372	12372	and other obligations secured by revenue or contract payments from
12373	12373	any source other than ad valorem taxation.
12374	12374	(28) Subsection (a), Section 8301.152, Special
12375	12375	District Local Laws Code, as renumbered from Section 8269.152,
12376	12376	Special District Local Laws Code, by this article, is amended to
12377	12377	read as follows:
12378	12378	(a) If authorized at an election held under Section 8301.151
12379	12379	[8269.151], the district may impose an operation and maintenance
12380	12380	tax on taxable property in the district in accordance with Section
12381	12381	49.107, Water Code.
12382	12382	(29) Subsections (b) and (c), Section 8301.201,
12383	12383	Special District Local Laws Code, as renumbered from Section
12384	12384	8269.201, Special District Local Laws Code, by this article, are
12385	12385	amended to read as follows:
12386	12386	(b) The district may not issue bonds to finance projects
12387	12387	authorized by Section 8301.103 [8269.103] unless the issuance is
12388	12388	approved by a vote of a two-thirds majority of the voters of the
12389	12389	district voting at an election called for that purpose.
12390	12390	(c) Bonds or other obligations issued or incurred to finance
12391	12391	projects authorized by Section 8301.103 [8269.103] may not exceed
12392	12392	one-fourth of the assessed value of the real property in the
12393	12393	district.
12394	12394	(30) Section 9015.051, Special District Local Laws
12395	12395	Code, as renumbered from Section 9009.051, Special District Local
12396	12396	Laws Code, by this article, is amended to read as follows:
12397	12397	Sec. 9015.051 [9009.051]. AUTHORITY TERRITORY. The
12398	12398	authority is composed of the territory that was contained in the
12399	12399	city on January 1, 1981, as that territory may have been modified
12400	12400	under:
12401	12401	(1) Subchapter J, Chapter 49, Water Code;
12402	12402	(2) Section 5, Chapter 12, Acts of the 57th
12403	12403	Legislature, 3rd Called Session, 1962 (Article 8280-270, Vernon's
12404	12404	Texas Civil Statutes);
12405	12405	(3) Section 9015.052 [9009.052]; or
12406	12406	(4) other law.
12407	12407	(31) Subsection (g), Section 9015.052, Special
12408	12408	District Local Laws Code, as renumbered from Section 9009.052,
12409	12409	Special District Local Laws Code, by this article, is amended to
12410	12410	read as follows:
12411	12411	(g) An election held under Subsection (f) shall be held in
12412	12412	the same manner as an election under Section 9015.354 [9009.354]
12413	12413	for the issuance of bonds payable wholly or partly from taxes.
12414	12414	(32) Section 9015.254, Special District Local Laws
12415	12415	Code, as renumbered from Section 9009.254, Special District Local
12416	12416	Laws Code, by this article, is amended to read as follows:
12417	12417	Sec. 9015.254 [9009.254]. JUDICIAL NOTICE OF RULES. A
12418	12418	court shall take judicial notice of a rule adopted under this
12419	12419	subchapter and published as required by Section 9015.253
12420	12420	[9009.253], and the court shall consider the rule to be similar in
12421	12421	nature to a penal ordinance of a municipality.
12422	12422	(33) Subsection (k), Section 22.01, Tax Code, is
12423	12423	amended to read as follows:
12424	12424	(k) Notwithstanding Subsections (a) and (b), an individual
12425	12425	who has been granted or has applied for an exemption from taxation
12426	12426	under Section 11.254 [11.253] for a motor vehicle the individual
12427	12427	owns is not required to render the motor vehicle for taxation.
12428	12428	(34) Subsection (b), Section 521.427, Transportation
12429	12429	Code, is amended to read as follows:
12430	12430	(b) Subsection (a) does not apply to:
12431	12431	(1) the portion of a fee collected under Section
12432	12432	521.421(b) or Section 521.421(f), as added by Chapter 1156, Acts of
12433	12433	the 75th Legislature, Regular Session, 1997, that is required by
12434	12434	Section 662.011 to be deposited to the credit of the motorcycle
12435	12435	education fund account;
12436	12436	(2) a fee collected under Section 521.421(j)
12437	12437	[521.421(f), as added by Chapter 510, Acts of the 75th Legislature,
12438	12438	Regular Session, 1997];
12439	12439	(3) a fee collected under Section 521.421(g); or
12440	12440	(4) a fee collected under Section 521.422(b) or (c).
12441	12441	(35) Subsection (a), Section 522.029, Transportation
12442	12442	Code, is amended to read as follows:
12443	12443	(a) The fee for a commercial driver's license or commercial
12444	12444	driver learner's permit issued by the department is $60, except as
12445	12445	provided by Subsections (f), (h), [and] (j), and (k).
12446	12446	(36) Section 522.055, Transportation Code, is amended
12447	12447	to read as follows:
12448	12448	Sec. 522.055. CLEARANCE NOTICE TO DEPARTMENT. On receipt
12449	12449	of notice from the other state that the grounds for denial of the
12450	12450	renewal of the commercial driver's license based on the license
12451	12451	holder's previous failure to appear or failure to pay a fine and
12452	12452	costs previously reported by that state under Section 522.0541
12453	12453	[522.054] have ceased to exist, the department shall renew the
12454	12454	person's commercial driver's license.
12455	12455	(37) Subsection (a), Section 2308.209, Occupations
12456	12456	Code, as renumbered from Section 643.209, Transportation Code, by
12457	12457	this article, is repealed.
12458	12458	SECTION 27.003. If the number, letter, or designation
12459	12459	assigned by Section 27.001 of this Act conflicts with a number,
12460	12460	letter, or designation assigned by another Act of the 81st
12461	12461	Legislature:
12462	12462	(1) the other Act controls, and the change made by
12463	12463	Section 27.001 of this Act has no effect; and
12464	12464	(2) any change made by Section 27.002 of this Act to
12465	12465	conform to that change made by Section 27.001 of this Act has no
12466	12466	effect.
12467	12467	ARTICLE 28. EFFECTIVE DATE
12468	12468	SECTION 28.001. This Act takes effect September 1, 2009.
12469	12469	COMMITTEE AMENDMENT NO. 1
12470	12470	Amend H.B. No. 3545 as follows:
12471	12471	(1) On page 189, strike lines 7-8 and substitute the
12472	12472	following:
12473	12473	(10) an initial license fee, in an amount not to exceed
12474	12474	$50, and an annual renewal fee, in an amount not to exceed $50, for a
12475	12475	residential fire alarm technician license.
12476	12476	(2) On page 319, strike lines 19-22 and substitute the
12477	12477	following:
12478	12478	SECTION 22.009. Section 352.002(d), Tax Code, as amended by
12479	12479	Chapters 418 (H.B. 3043) and 469 (H.B. 2064), Acts of the 75th
12480	12480	Legislature, Regular Session, 1997, and by Chapters 24 (S.B. 213)
12481	12481	and 1359 (H.B. 1820), Acts of the 80th Legislature, Regular
12482	12482	Session, 2007, is reenacted and amended to consolidate different
12483	12483	versions of Section 352.002(d) and to correct cross-references to
12484	12484	read as follows:
12485	12485	(3) On page 319, line 24, strike "(12)," and substitute
12486	12486	"(14), (15) [(12)],".
12487	12487	(4) On page 320, between lines 11 and 12, insert the
12488	12488	following:
12489	12489	SECTION 22.010A. Section 352.003(d), Tax Code, is amended
12490	12490	to correct a cross-reference to read as follows:
12491	12491	(d) The tax rate in a county authorized to impose the tax
12492	12492	under Section 352.002(a)(14) [352.002(a)(12)] may not exceed three
12493	12493	percent of the price paid for a room in a hotel.
12494	12494	(5) On page 321, between lines 7 and 8, insert the
12495	12495	following:
12496	12496	SECTION 22.013A. Section 352.102(c), Tax Code, is amended
12497	12497	to correct a cross-reference to read as follows:
12498	12498	(c) A county that borders the Republic of Mexico and that is
12499	12499	further described by Section 352.002(a)(14) [352.002(a)(12)] shall
12500	12500	use at least one-third of the revenue collected each fiscal year
12501	12501	from the tax imposed under this chapter for the purposes authorized
12502	12502	by this chapter in unincorporated areas of the county.
12503	12503	(6) On page 321, between lines 22 and 23, insert the
12504	12504	following:
12505	12505	SECTION 22.016. Section 352.108, Tax Code, is amended to
12506	12506	correct a cross-reference to read as follows:
12507	12507	Sec. 352.108. USE OF REVENUE; CERTAIN COUNTIES THAT BORDER
12508	12508	MEXICO AND CONTAIN A NATIONAL RECREATION AREA. A county authorized
12509	12509	to impose a tax under this chapter by Section 352.002(a)(13)
12510	12510	[352.002(a)(12)] may use the revenue from the tax only as follows:
12511	12511	(1) 75 percent of the revenue for the promotion of
12512	12512	tourism; and
12513	12513	(2) notwithstanding Section 352.1015, 25 percent of
12514	12514	the revenue for the general revenue purposes or general
12515	12515	governmental operations of the county.
12516	12516	Solomons
12517	12517
12518	12518	__ Range __ Oven __ Microwave
12519	12519
12520	12520	__ Dishwasher __ Trash Compactor __ Disposal
12521	12521
12522	12522	__ Washer/Dryer __ Window __ Rain Gutters
12523	12523
12524	12524	Hookups Screens
12525	12525
12526	12526	__ Security __ Fire Detection __ Intercom
12527	12527
12528	12528	System Equipment System
12529	12529
12530	12530	__ Smoke Detector
12531	12531
12532	12532	__ Smoke Detector -
12533	12533
12534	12534	Hearing Impaired
12535	12535
12536	12536	__ Carbon Monoxide
12537	12537
12538	12538	Alarm
12539	12539
12540	12540	__ Emergency Escape
12541	12541
12542	12542	Ladder(s)
12543	12543
12544	12544	__ TV Antenna __ Cable TV __ Satellite
12545	12545
12546	12546	Wiring Dish
12547	12547
12548	12548	__ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust
12549	12549
12550	12550	Fan(s)
12551	12551
12552	12552	__ Central A/C __ Central Heating __ Wall/Window
12553	12553
12554	12554	Air
12555	12555
12556	12556	Conditioning
12557	12557
12558	12558	__ Plumbing System __ Septic System __ Public Sewer
12559	12559
12560	12560	System
12561	12561
12562	12562	__ Patio/Decking __ Outdoor Grill __ Fences
12563	12563
12564	12564	__ Pool __ Sauna __ Spa
12565	12565
12566	12566	__ Hot Tub
12567	12567
12568	12568	__ Pool Equipment __ Pool Heater __ Automatic Lawn
12569	12569
12570	12570	Sprinkler
12571	12571
12572	12572	System
12573	12573
12574	12574	__ Fireplace(s) & __ Fireplace(s) &
12575	12575
12576	12576	Chimney Chimney
12577	12577
12578	12578	(Woodburning) (Mock)
12579	12579
12580	12580	__ Gas Lines __ Gas Fixtures
12581	12581
12582	12582	(Nat./LP)
12583	12583
12584	12584	Garage: __ Attached __ Not Attached __ Carport
12585	12585
12586	12586	Garage Door Opener(s): __ Electronic __ Control(s)
12587	12587
12588	12588	Water Heater: __ Gas __ Electric
12589	12589
12590	12590	Water Supply: __ City __ Well __ MUD __ Co-op
12591	12591
12592	12592	__ Interior Walls __ Ceilings __ Floors
12593	12593
12594	12594	__ Exterior Walls __ Doors __ Windows
12595	12595
12596	12596	__ Roof __ Foundation/ __ Basement
12597	12597
12598	12598	Slab(s)
12599	12599
12600	12600	__ Walls/Fences __ Driveways __ Sidewalks
12601	12601
12602	12602	__ Plumbing/Sewers/ __ Electrical __ Lighting
12603	12603
12604	12604	Septics Systems Fixtures
12605	12605
12606	12606	__ Active Termites __ Previous Structural
12607	12607
12608	12608	(includes or Roof Repair
12609	12609
12610	12610	wood-destroying insects)
12611	12611
12612	12612	__ Termite or Wood Rot Damage __ Hazardous or Toxic Waste
12613	12613
12614	12614	Needing Repair
12615	12615
12616	12616	__ Previous Termite Damage __ Asbestos Components
12617	12617
12618	12618	__ Previous Termite __ Urea formaldehyde
12619	12619
12620	12620	Treatment Insulation
12621	12621
12622	12622	__ Previous Flooding __ Radon Gas
12623	12623
12624	12624	__ Improper Drainage __ Lead Based Paint
12625	12625
12626	12626	__ Water Penetration __ Aluminum Wiring
12627	12627
12628	12628	__ Located in 100-Year __ Previous Fires
12629	12629
12630	12630	Floodplain
12631	12631
12632	12632	__ Present Flood Insurance __ Unplatted Easements
12633	12633
12634	12634	Coverage
12635	12635
12636	12636	__ Landfill, Settling, Soil __ Subsurface
12637	12637
12638	12638	Movement, Fault Lines Structure or Pits
12639	12639
12640	12640	__ Previous Use of
12641	12641
12642	12642	Premises for
12643	12643
12644	12644	Manufacture of
12645	12645
12646	12646	Methamphetamine
12647	12647
12648	12648	__ Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time.
12649	12649
12650	12650	__ Homeowners' Association or maintenance fees or assessments.
12651	12651
12652	12652	__ Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.
12653	12653
12654	12654	__ Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.
12655	12655
12656	12656	__ Any lawsuits directly or indirectly affecting the Property.
12657	12657
12658	12658	__ Any condition on the Property which materially affects the physical health or safety of an individual.