By: West S.B. No. 1303
(King of Zavala)
A BILL TO BE ENTITLED
AN ACT
relating to nonsubstantive additions to and corrections in enacted
codes, to the nonsubstantive codification or disposition of various
laws omitted from enacted codes, and to conforming codifications
enacted by the 81st Legislature to other Acts of that legislature.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. GENERAL PROVISIONS
SECTION 1.001. This Act is enacted as part of the state's
continuing statutory revision program under Chapter 323,
Government Code. This Act is a revision for purposes of Section 43,
Article III, Texas Constitution, and has the purposes of:
(1) codifying without substantive change or providing
for other appropriate disposition of various statutes that were
omitted from enacted codes;
(2) conforming codifications enacted by the 81st
Legislature to other Acts of that legislature that amended the laws
codified or added new law to subject matter codified;
(3) making necessary corrections to enacted
codifications; and
(4) renumbering or otherwise redesignating titles,
chapters, and sections of codes that duplicate title, chapter, or
section designations.
SECTION 1.002. (a) The repeal of a statute by this Act does
not affect an amendment, revision, or reenactment of the statute by
the 82nd Legislature, Regular Session, 2011. The amendment,
revision, or reenactment is preserved and given effect as part of
the code provision that revised the statute so amended, revised, or
reenacted.
(b) If any provision of this Act conflicts with a statute
enacted by the 82nd Legislature, Regular Session, 2011, the statute
controls.
SECTION 1.003. (a) A transition or saving provision of a
law codified by this Act applies to the codified law to the same
extent as it applied to the original law.
(b) The repeal of a transition or saving provision by this
Act does not affect the application of the provision to the codified
law.
(c) In this section, "transition provision" includes any
temporary provision providing for a special situation in the
transition period between the existing law and the establishment or
implementation of the new law.
ARTICLE 2. CHANGES RELATING TO AGRICULTURE CODE
SECTION 2.001. Section 16.005(b), Agriculture Code, as
amended by Chapters 1295 (H.B. 2318) and 1312 (H.B. 2582), Acts of
the 81st Legislature, Regular Session, 2009, is reenacted to read
as follows:
(b) For each fiscal year, the office may not impose fees on a
producer for more than 18 million gallons of fuel ethanol,
biodiesel, or renewable diesel or MMBtu of renewable methane
produced at any one registered plant.
SECTION 2.002. Section 16.006(c), Agriculture Code, as
amended by Chapters 1295 (H.B. 2318) and 1312 (H.B. 2582), Acts of
the 81st Legislature, Regular Session, 2009, is reenacted to read
as follows:
(c) For each fiscal year a producer may not receive grants
for more than 18 million gallons of fuel ethanol, biodiesel, or
renewable diesel or MMBtu of renewable methane produced at any one
registered plant.
SECTION 2.003. The heading to Section 58.057, Agriculture
Code, is repealed to conform to the repeal of Sections 58.057(a),
(c), and (e), Agriculture Code, by Chapter 506 (S.B. 1016), Acts of
the 81st Legislature, Regular Session, 2009, and the transfer of
Sections 58.057(b) and (d), Agriculture Code, to Section 58.032,
Agriculture Code, by Chapter 506 (S.B. 1016), Acts of the 81st
Legislature, Regular Session, 2009.
SECTION 2.004. Section 203.052(c), Agriculture Code, as
amended by Chapters 200 (H.B. 3442) and 983 (S.B. 1828), Acts of the
78th Legislature, Regular Session, 2003, is reenacted to read as
follows:
(c) At the hearing, representatives of a district and any
other person may appear and present testimony including information
and suggestions for any changes in the proposed plan. The board
shall:
(1) enter any written comments received on the
proposed plan into the record of the hearing; and
(2) consider all written comments and testimony before
taking final action on the proposed plan.
SECTION 2.005. Section 302.002, Agriculture Code, is
amended to conform to Chapters 816 (S.B. 279) and 1245 (S.B. 1700),
Acts of the 78th Legislature, Regular Session, 2003, to read as
follows:
Sec. 302.002. DEFINITIONS [DEFINITION]. In this chapter:
(1) "Commission" means the Texas Commission of
Licensing and Regulation.
(2) "Department" means the Texas Department of
Licensing and Regulation.
(3) "Weather[, "weather] modification and control"
means changing or controlling, or attempting to change or control,
by artificial methods the natural development of atmospheric cloud
forms or precipitation forms that occur in the troposphere.
ARTICLE 3. CHANGES RELATING TO ALCOHOLIC BEVERAGE CODE
SECTION 3.001. Section 48.03, Alcoholic Beverage Code, is
amended to correct a reference to read as follows:
Sec. 48.03. ELIGIBILITY FOR PERMIT. The commission or
administrator may issue a passenger train beverage permit to any
corporation organized under the Business Organizations Code or
former Title 112, Revised Statutes, or under the Rail Passenger
Service Act of 1970, as amended (45 U.S.C.A. Section 501 et seq.),
operating a commercial passenger train service in or through the
state. Application and payment of the fee shall be made directly to
the commission.
ARTICLE 4. CHANGES RELATING TO BUSINESS & COMMERCE CODE
SECTION 4.001. Sections 35.60 and 35.63, Business &
Commerce Code, are repealed to conform to the repeal of Chapter 35,
Business & Commerce Code, by Chapter 885 (H.B. 2278), Acts of the
80th Legislature, Regular Session, 2007.
ARTICLE 5. CHANGES RELATING TO CIVIL PRACTICE AND REMEDIES CODE
SECTION 5.001. Section 64.072(d), Civil Practice and
Remedies Code, is amended to correct references to read as follows:
(d) A court may not extend a corporate receivership for more
than five years beyond the original three years, except that the
court may extend for any additional period the receivership of a
corporation organized [and existing] under former Article
3.05(A)(2), Texas Miscellaneous Corporation Laws Act (Article
1302-3.05, Vernon's Texas Civil Statutes), Section 2.006, Business
Organizations Code, before September 1, 2009, or a railroad
corporation organized under the Business Organizations Code or
former Title 112, Revised Statutes.
SECTION 5.002. Section 125.061(3), Civil Practice and
Remedies Code, is amended to correct a reference to read as follows:
(3) "Gang activity" means the following types of
conduct:
(A) organized criminal activity as described by
Section 71.02, Penal Code;
(B) terroristic threat as described by Section
22.07, Penal Code;
(C) coercing, soliciting, or inducing gang
membership as described by Section 71.022(a) or (a-1) [22.015],
Penal Code;
(D) criminal trespass as described by Section
30.05, Penal Code;
(E) disorderly conduct as described by Section
42.01, Penal Code;
(F) criminal mischief as described by Section
28.03, Penal Code, that causes a pecuniary loss of $500 or more;
(G) a graffiti offense in violation of Section
28.08, Penal Code, that:
(i) causes a pecuniary loss of $500 or more;
or
(ii) occurs at a school, an institution of
higher education, a place of worship or human cemetery, a public
monument, or a community center that provides medical, social, or
educational programs;
(H) a weapons offense in violation of Chapter 46,
Penal Code; or
(I) unlawful possession of a substance or other
item in violation of Chapter 481, Health and Safety Code.
ARTICLE 6. CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE
SECTION 6.001. Article 2.27, Code of Criminal Procedure, as
amended by Chapters 867 (S.B. 669) and 1210 (S.B. 1074), Acts of the
78th Legislature, Regular Session, 2003, is reenacted and amended
to read as follows:
Art. 2.27. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE.
(a) On receipt of a report that is assigned the highest priority in
accordance with rules adopted by the Department of Family and
Protective [and Regulatory] Services under Section 261.301(d),
Family Code, and that alleges an immediate risk of physical or
sexual abuse of a child that could result in the death of or serious
harm to the child by a person responsible for the care, custody, or
welfare of the child, a peace officer from the appropriate local law
enforcement agency shall investigate the report jointly with the
department or with the agency responsible for conducting an
investigation under Subchapter E, Chapter 261, Family Code. As soon
as possible after being notified by the department of the report,
but not later than 24 hours after being notified, the peace officer
shall accompany the department investigator in initially
responding to the report.
(b) On receipt of a report of abuse or neglect or other
complaint of a resident of a nursing home, convalescent home, or
other related institution under Section 242.126(c)(1), Health and
Safety Code, the appropriate local law enforcement agency shall
investigate the report as required by Section 242.135, Health and
Safety Code.
SECTION 6.002. Section 1, Article 55.02, Code of Criminal
Procedure, is amended to correct a reference to read as follows:
Sec. 1. At the request of the defendant and after notice to
the state, the trial court presiding over the case in which the
defendant was acquitted, if the trial court is a district court, or
a district court in the county in which the trial court is located
shall enter an order of expunction for a person entitled to
expunction under Article 55.01(a)(1)(A) [article 55.01(a)(1)(a)]
not later than the 30th day after the date of the acquittal. Upon
acquittal, the trial court shall advise the defendant of the right
to expunction. The defendant shall provide to the district court
all of the information required in a petition for expunction under
Section 2(b). The attorney for the defendant in the case in which
the defendant was acquitted, if the defendant was represented by
counsel, or the attorney for the state, if the defendant was not
represented by counsel, shall prepare the order for the court's
signature.
SECTION 6.003. Article 59.01(2), Code of Criminal
Procedure, as amended by Chapters 153 (S.B. 2225), 1130 (H.B.
2086), and 1357 (S.B. 554), Acts of the 81st Legislature, Regular
Session, 2009, is reenacted and amended to read as follows:
(2) "Contraband" means property of any nature,
including real, personal, tangible, or intangible, that is:
(A) used in the commission of:
(i) any first or second degree felony under
the Penal Code;
(ii) any felony under Section 15.031(b),
20.05, 21.11, 38.04, Subchapter B of Chapter 43, or Chapter 29, 30,
31, 32, 33, 33A, or 35, Penal Code;
(iii) any felony under The Securities Act
(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
(iv) any offense under Chapter 49, Penal
Code, that is punishable as a felony of the third degree or state
jail felony, if the defendant has been previously convicted three
times of an offense under that chapter;
(B) used or intended to be used in the commission
of:
(i) any felony under Chapter 481, Health
and Safety Code (Texas Controlled Substances Act);
(ii) any felony under Chapter 483, Health
and Safety Code;
(iii) a felony under Chapter 153, Finance
Code;
(iv) any felony under Chapter 34, Penal
Code;
(v) a Class A misdemeanor under Subchapter
B, Chapter 365, Health and Safety Code, if the defendant has been
previously convicted twice of an offense under that subchapter;
(vi) any felony under Chapter 152, Finance
Code;
(vii) any felony under Chapter 32, Human
Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
involves the state Medicaid program;
(viii) a Class B misdemeanor under Chapter
522, Business & Commerce Code;
(ix) a Class A misdemeanor under Section
306.051, Business & Commerce Code; [or]
(x) any offense under Section 42.10, Penal
Code;
(xi) [(x)] any offense under Section
46.06(a)(1) or 46.14, Penal Code; or
(xii) [(x)] any offense under Chapter 71,
Penal Code;
(C) the proceeds gained from the commission of a
felony listed in Paragraph (A) or (B) of this subdivision, a
misdemeanor listed in Paragraph (B)(viii), (x), (xi), or (xii)
[(B)(viii) or (x)] of this subdivision, or a crime of violence;
(D) acquired with proceeds gained from the
commission of a felony listed in Paragraph (A) or (B) of this
subdivision, a misdemeanor listed in Paragraph (B)(viii), (x),
(xi), or (xii) [(B)(viii) or (x)] of this subdivision, or a crime of
violence; or
(E) used to facilitate or intended to be used to
facilitate the commission of a felony under Section 15.031 or
43.25, Penal Code.
SECTION 6.004. Article 59.011, Code of Criminal Procedure,
as added by Chapters 153 (S.B. 2225), 1130 (H.B. 2086), and 1357
(S.B. 554), Acts of the 81st Legislature, Regular Session, 2009, is
reenacted and amended to read as follows:
Art. 59.011. ELECTION OF FORFEITURE PROCEEDING. If
property described by Article 59.01(2)(B)(x), (xi), or (xii) is
subject to forfeiture under this chapter and Article 18.18, the
attorney representing the state may proceed under either this
chapter or that article.
SECTION 6.005. Article 62.051(c), Code of Criminal
Procedure, as amended by Chapters 661 (H.B. 2153) and 755 (S.B.
689), Acts of the 81st Legislature, Regular Session, 2009, is
reenacted and amended to read as follows:
(c) The registration form shall require:
(1) the person's full name, date of birth, sex, race,
height, weight, eye color, hair color, social security number,
driver's license number, and shoe size;
(1-a) [, and] the address at which the person resides
or intends to reside or, if the person does not reside or intend to
reside at a physical address, a detailed description of each
geographical location at which the person resides or intends to
reside;
(1-b) [and] each alias used by the person and any home,
work, or cellular telephone number of the person;
(2) a recent color photograph or, if possible, an
electronic digital image of the person and a complete set of the
person's fingerprints;
(3) the type of offense the person was convicted of,
the age of the victim, the date of conviction, and the punishment
received;
(4) an indication as to whether the person is
discharged, paroled, or released on juvenile probation, community
supervision, or mandatory supervision;
(5) an indication of each license, as defined by
Article 62.005(g), that is held or sought by the person;
(6) an indication as to whether the person is or will
be employed, carrying on a vocation, or a student at a particular
public or private institution of higher education in this state or
another state, and the name and address of that institution;
(7) the identification of any online identifier
established or used by the person; and
(8) any other information required by the department.
SECTION 6.006. Article 102.0045(d), Code of Criminal
Procedure, is amended to correct a reference to read as follows:
(d) Fees deposited in the jury service fund under this
article [section] are exempt from the application of Section
403.095, Government Code.
SECTION 6.007. Article 102.0185(c), Code of Criminal
Procedure, is amended to correct a reference to read as follows:
(c) Costs imposed under this article are collected in the
[same] manner provided by Subchapter B, Chapter 133, Local
Government Code [as other costs collected under Article 102.075].
SECTION 6.008. Articles 102.056(c) and (d), Code of
Criminal Procedure, are amended to correct references to read as
follows:
(c) Notwithstanding any other provision of this article
[section], the criminal justice division shall allocate to a local
unit of government or combination of local units of government
located in an impacted region occurring as the result of the
establishment of a significant new naval military facility an
amount that exceeds by 10 percent the amount it would otherwise
receive under this article [section].
(d) In this article, [section] "significant new naval
military facility" and "impacted region" have the meanings assigned
by Section 4, Article 1, National Defense Impacted Region
Assistance Act of 1985.
ARTICLE 7. CHANGES RELATING TO EDUCATION CODE
SECTION 7.001. Section 12.013(b), Education Code, is
amended to correct a reference to read as follows:
(b) A home-rule school district is subject to:
(1) a provision of this title establishing a criminal
offense;
(2) a provision of this title relating to limitations
on liability; and
(3) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) educator certification under Chapter 21 and
educator rights under Sections 21.407, 21.408, and 22.001;
(C) criminal history records under Subchapter C,
Chapter 22;
(D) student admissions under Section 25.001;
(E) school attendance under Sections 25.085,
25.086, and 25.087;
(F) inter-district or inter-county transfers of
students under Subchapter B, Chapter 25;
(G) elementary class size limits under Section
25.112, in the case of any campus in the district that fails to
satisfy any standard under Section 39.054(e) [39.054(d)];
(H) high school graduation under Section 28.025;
(I) special education programs under Subchapter
A, Chapter 29;
(J) bilingual education under Subchapter B,
Chapter 29;
(K) prekindergarten programs under Subchapter E,
Chapter 29;
(L) safety provisions relating to the
transportation of students under Sections 34.002, 34.003, 34.004,
and 34.008;
(M) computation and distribution of state aid
under Chapters 31, 42, and 43;
(N) extracurricular activities under Section
33.081;
(O) health and safety under Chapter 38;
(P) public school accountability under
Subchapters B, C, D, E, and J, Chapter 39;
(Q) equalized wealth under Chapter 41;
(R) a bond or other obligation or tax rate under
Chapters 42, 43, and 45; and
(S) purchasing under Chapter 44.
SECTION 7.002. Section 12.119(c), Education Code, is
amended to correct a reference to read as follows:
(c) On request, the State Board of Education shall provide
the information required by this section and Section 12.111(a)(8)
[12.111(8)] to a member of the public. The board may charge a
reasonable fee to cover the board's cost in providing the
information.
SECTION 7.003. Section 21.4551(c), Education Code, is
amended to correct a reference to read as follows:
(c) The commissioner by rule shall require a teacher to
attend a reading academy if the teacher provides instruction in
reading, mathematics, science, or social studies to students at the
sixth, seventh, or eighth grade level at a campus that fails to
satisfy any standard under Section 39.054(e) [39.054(d)] on the
basis of student performance on the reading assessment instrument
administered under Section 39.023(a) to students in any grade level
at the campus.
SECTION 7.004. Section 21.705, Education Code, as amended
by Chapters 1262 (H.B. 709) and 1328 (H.B. 3646), Acts of the 81st
Legislature, Regular Session, 2009, is reenacted to read as
follows:
Sec. 21.705. AWARD PAYMENTS. A school district must use at
least 60 percent of grant funds awarded to the district under this
subchapter to directly award classroom teachers and principals who
effectively improve student achievement as determined by
meaningful, objective measures. The remaining funds must be used
only to:
(1) provide teacher induction and mentoring support,
including stipends to effective mentors or teacher coaches;
(2) provide stipends to classroom teachers who are
certified in a subject that is designated by the commissioner as
commonly experiencing a critical shortage of teachers;
(3) provide stipends to classroom teachers who are
certified under Subchapter B in the main subject area in which they
teach;
(4) provide stipends to recruit and retain classroom
teachers and principals with proven records of success for
improving student performance who are assigned to campuses at which
the district has experienced difficulty assigning or retaining
teachers;
(5) provide stipends to classroom teachers who hold
advanced certification from an organization that certifies at least
2,500 teachers in the United States each year based on the teachers'
satisfaction, through study, expert evaluation, self-assessment,
and peer review, of high and rigorous standards for accomplished
teaching;
(6) provide awards to other campus employees who
demonstrate excellence;
(7) implement the components of a Teacher Advancement
Program (TAP), including:
(A) an instructionally focused accountability
system; and
(B) the adjustment of teaching schedules to
permit ongoing applied professional growth; or
(8) provide funding for previously developed
incentive programs.
SECTION 7.005. Section 25.087(b), Education Code, as
amended by Chapters 517 (S.B. 1134) and 595 (H.B. 192), Acts of the
81st Legislature, Regular Session, 2009, is reenacted and amended
to read as follows:
(b) A school district shall excuse a student from attending
school for:
(1) the following purposes, including travel for those
purposes:
(A) observing religious holy days;
(B) attending a required court appearance;
(C) appearing at a governmental office to
complete paperwork required in connection with the student's
application for United States citizenship; [or]
(D) taking part in a United States naturalization
oath ceremony; or
(E) [(C)] serving as an election clerk; or
(2) a temporary absence resulting from health care
professionals if that student commences classes or returns to
school on the same day of the appointment.
SECTION 7.006. Section 28.0211(k), Education Code, is
amended to correct a reference to read as follows:
(k) The commissioner shall adopt rules as necessary to
implement this section, including rules concerning when school
districts shall administer assessment instruments required under
this section and which administration of the assessment instruments
will be used for purposes of Section 39.054 [39.051].
SECTION 7.007. Section 29.202(a), Education Code, is
amended to correct a reference to read as follows:
(a) A student is eligible to receive a public education
grant or to attend another public school in the district in which
the student resides under this subchapter if the student is
assigned to attend a public school campus:
(1) at which 50 percent or more of the students did not
perform satisfactorily on an assessment instrument administered
under Section 39.023(a) or (c) in any two of the preceding three
years; or
(2) that, at any time in the preceding three years,
failed to satisfy any standard under Section 39.054(e) [39.054(d)].
SECTION 7.008. Section 30A.002(b), Education Code, as
amended by Chapters 850 (S.B. 2248) and 1328 (H.B. 3646), Acts of
the 81st Legislature, Regular Session, 2009, is reenacted and
amended to read as follows:
(b) A student is eligible to enroll full-time in courses
provided through the state virtual school network only if the
student:
(1) [the student] was enrolled in a public school in
this state in the preceding school year; or
(2) [(3) the student] has been placed in substitute
care in this state, regardless of whether the student was enrolled
in a public school in this state in the preceding school year.
SECTION 7.009. Section 32.261(b), Education Code, is
amended to correct a reference to read as follows:
(b) To the extent possible considering other statutory
requirements, the commissioner and agency shall encourage the use
of textbook funds and technology allotment funds under Section
32.005 [31.021(b)(2)] in a manner that facilitates the development
and use of the portal.
SECTION 7.010. The heading to Section 39.106, Education
Code, is amended to read as follows:
Sec. 39.106. CAMPUS INTERVENTION TEAM DUTIES.
SECTION 7.011. The heading to Section 39.113, Education
Code, is amended to read as follows:
Sec. 39.113. CAMPUS INTERVENTION TEAM MEMBERS.
SECTION 7.012. Section 41.124(c), Education Code, is
amended to correct a reference to read as follows:
(c) A school district that receives tuition for a student
from a school district with a wealth per student that exceeds the
equalized wealth level may not claim attendance for that student
for purposes of Chapters 42 and 46 and the technology allotment
under Section 32.005 [31.021(b)(2)].
SECTION 7.013. Section 45.261(d), Education Code, is
amended to correct a reference to read as follows:
(d) If a school district fails to comply with the
commissioner's order under Subsection (c), the commissioner may
impose any sanction on the district authorized to be imposed on a
district under Subchapter E [G], Chapter 39, including appointment
of a board of managers or annexation to another district,
regardless of the district's accreditation status or the duration
of a particular accreditation status.
SECTION 7.014. Section 54.211, Education Code, as amended
by Chapters 45 (S.B. 43) and 1372 (S.B. 939), Acts of the 81st
Legislature, Regular Session, 2009, is reenacted and amended to
read as follows:
Sec. 54.211. EXEMPTIONS FOR STUDENTS UNDER CONSERVATORSHIP
OF DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES. (a) A student is
exempt from the payment of tuition and fees authorized in this
chapter, including tuition and fees charged by an institution of
higher education for a dual credit course or other course for which
a high school student may earn joint high school and college credit,
if the student:
(1) was under the conservatorship of the Department of
Family and Protective Services:
(A) on the day preceding the student's 18th
birthday;
(B) on or after the day of the student's 14th
birthday, if the student was also eligible for adoption on or after
that day;
(C) on the day the student graduated from high
school or received the equivalent of a high school diploma;
(D) on the day preceding:
(i) the date the student is adopted, if that
date is on or after September 1, 2009; or
(ii) the date permanent managing
conservatorship of the student is awarded to a person other than the
student's parent, if that date is on or after September 1, 2009; or
(E) [(D)] during an academic term in which the
student was enrolled in a dual credit course or other course for
which a high school student may earn joint high school and college
credit; and
(2) enrolls in an institution of higher education as
an undergraduate student or in a dual credit course or other course
for which a high school student may earn joint high school and
college credit not later than the student's 25th birthday.
(b) The Texas Education Agency and the Texas Higher
Education Coordinating Board shall develop outreach programs to
ensure that students in the conservatorship of the Department of
Family and Protective Services and in grades 9-12 are aware of the
availability of the exemption from the payment of tuition and fees
provided by this section.
SECTION 7.015. Section 56.302(a), Education Code, is
amended to read as follows:
(a) Except as provided under Section 56.310(c), the student
financial assistance program authorized by this subchapter is known
as the Toward EXcellence [EXellence], Access, & Success (TEXAS)
grant program, and an individual grant awarded under this
subchapter is known as a TEXAS grant.
SECTION 7.016. Section 61.083, Education Code, is repealed
to conform to the repeal of Sections 61.083(b), (c), and (d),
Education Code, by Section 13(4), Chapter 823 (H.B. 2448), Acts of
the 74th Legislature, Regular Session, 1995.
SECTION 7.017. Section 132.053(a), Education Code, is
amended to correct a reference to read as follows:
(a) The commission may establish rules that waive, alter,
suspend, or replace any of the following provisions governing small
career schools and colleges:
(1) the fee schedule authorized under Section 132.201,
provided that fees under a fee schedule established by rule may not
be less than the reasonable administrative cost for regulation or
more than the amount that a small career school or college would
otherwise pay if it were not classified as a small career school or
college;
(2) participation in the career school or college
tuition trust account required by Section 132.2415;
(3) the refund policy provisions of Section 132.061;
(4) the examination of a school or college for
compliance under Section 132.056(f);
(5) the reporting requirements of Section
132.055(b)(15) [132.055(o)]; and
(6) the term for which a certificate of approval is
issued under Section 132.056(b), provided that a rule adopted under
this section may not provide for a term that exceeds three years or
is less than one year.
SECTION 7.018. (a) Section 142.001(3), Education Code, as
amended by Chapters 1250 (H.B. 58) and 1335 (S.B. 44), Acts of the
81st Legislature, Regular Session, 2009, is reenacted and amended
to read as follows:
(3) "Eligible institution" means:
(A) an institution of higher education[, as
defined by Section 61.003]; or
(B) a private or independent institution of
higher education[, as defined by Section 61.003].
(b) Section 142.001(3-a), Education Code, as added by
Chapter 1335 (S.B. 44), Acts of the 81st Legislature, Regular
Session, 2009, is amended to conform to Chapter 1250 (H.B. 58), Acts
of the 81st Legislature, Regular Session, 2009, to read as follows:
(3-a) "Institution of higher education," [and]
"medical and dental unit," and "private or independent institution
of higher education" have the meanings assigned by Section 61.003.
ARTICLE 8. CHANGES RELATING TO ESTATES CODE
SECTION 8.001. Section 52.001(a), Estates Code, as
effective January 1, 2014, is amended to conform to Section 2,
Chapter 602 (H.B. 585), Acts of the 81st Legislature, Regular
Session, 2009, to read as follows:
(a) The county clerk shall maintain a record book titled
"Judge's Probate Docket" and shall record in the book:
(1) the name of each person with respect to whom, or
with respect to whose estate, proceedings are commenced or sought
to be commenced;
(2) the name of each executor, administrator, or
applicant for letters testamentary or of administration;
(3) the date each original application for probate
proceedings is filed;
(4) a notation [minute] of each order, judgment,
decree, and proceeding that occurs in each estate, including the
date it occurs; and
(5) the docket number of each estate as assigned under
Subsection (b).
SECTION 8.002. Section 55.251, Estates Code, as effective
January 1, 2014, is amended to more closely conform to the source
law from which it was derived to read as follows:
Sec. 55.251. REVISION AND CORRECTION OF ORDER OR JUDGMENT
IN PROBATE PROCEEDING. (a) An interested person may, by a bill of
review filed in the court in which the probate proceedings were
held, have an order or judgment rendered by the court revised and
corrected on a showing of error in the order or judgment, as
applicable.
(b) A bill of review to revise and correct an order or
judgment may not be filed more than two years after the date of the
order or judgment, as applicable.
SECTION 8.003. Section 55.252, Estates Code, as effective
January 1, 2014, is amended to more closely conform to the source
law from which it was derived to read as follows:
Sec. 55.252. INJUNCTION. A process or action under a court
order or judgment subject to a bill of review filed under Section
55.251 may be stayed only by writ of injunction.
SECTION 8.004. Section 113.051(a), Estates Code, as
effective January 1, 2014, is amended to conform to Section 2,
Chapter 929 (H.B. 3075), Acts of the 81st Legislature, Regular
Session, 2009, to read as follows:
(a) A contract of deposit that contains provisions
substantially the same as in the form provided by Section 113.052
establishes the type of account selected by a party. This chapter
governs an account selected under the form[, other than a
single-party account without a P.O.D. designation].
SECTION 8.005. Section 113.052, Estates Code, as effective
January 1, 2014, is amended to conform to Section 2, Chapter 929
(H.B. 3075), Acts of the 81st Legislature, Regular Session, 2009,
to read as follows:
Sec. 113.052. FORM. A financial institution may use the
following form to establish the type of account selected by a party:
UNIFORM SINGLE-PARTY OR MULTIPLE-PARTY ACCOUNT SELECTION
FORM NOTICE: The type of account you select may determine how
property passes on your death. Your will may not control the
disposition of funds held in some of the following accounts. You
may choose to designate one or more convenience signers on an
account, even if the account is not a convenience account. A
designated convenience signer may make transactions on your behalf
during your lifetime, but does not own the account during your
lifetime. The designated convenience signer owns the account on
your death only if the convenience signer is also designated as a
P.O.D. payee or trust account beneficiary.
Select one of the following accounts by placing your initials
next to the account selected:
___ (1) SINGLE-PARTY ACCOUNT WITHOUT "P.O.D." (PAYABLE ON
DEATH) DESIGNATION. The party to the account owns the account. On
the death of the party, ownership of the account passes as a part of
the party's estate under the party's will or by intestacy.
Enter the name of the party:
________________________________________________________________
Enter the name(s) of the convenience signer(s), if you want
one or more convenience signers on this account:
________________________________________________________________
________________________________________________________________
___ (2) SINGLE-PARTY ACCOUNT WITH "P.O.D." (PAYABLE ON
DEATH) DESIGNATION. The party to the account owns the account. On
the death of the party, ownership of the account passes to the
P.O.D. beneficiaries of the account. The account is not a part of
the party's estate.
Enter the name of the party:
________________________________________________________________
Enter the name or names of the P.O.D. beneficiaries:
________________________________________________________________
________________________________________________________________
Enter the name(s) of the convenience signer(s), if you want
one or more convenience signers on this account:
________________________________________________________________
________________________________________________________________
___ (3) MULTIPLE-PARTY ACCOUNT WITHOUT RIGHT OF
SURVIVORSHIP. The parties to the account own the account in
proportion to the parties' net contributions to the account. The
financial institution may pay any sum in the account to a party at
any time. On the death of a party, the party's ownership of the
account passes as a part of the party's estate under the party's
will or by intestacy.
Enter the names of the parties:
________________________________________________________________
________________________________________________________________
________________________________________________________________
Enter the name(s) of the convenience signer(s), if you want
one or more convenience signers on this account:
________________________________________________________________
________________________________________________________________
___ (4) MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP.
The parties to the account own the account in proportion to the
parties' net contributions to the account. The financial
institution may pay any sum in the account to a party at any time.
On the death of a party, the party's ownership of the account passes
to the surviving parties.
Enter the names of the parties:
________________________________________________________________
________________________________________________________________
Enter the name(s) of the convenience signer(s), if you want
one or more convenience signers on this account:
________________________________________________________________
________________________________________________________________
___ (5) MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP
AND P.O.D. (PAYABLE ON DEATH) DESIGNATION. The parties to the
account own the account in proportion to the parties' net
contributions to the account. The financial institution may pay
any sum in the account to a party at any time. On the death of the
last surviving party, the ownership of the account passes to the
P.O.D. beneficiaries.
Enter the names of the parties:
________________________________________________________________
________________________________________________________________
Enter the name or names of the P.O.D. beneficiaries:
________________________________________________________________
________________________________________________________________
Enter the name(s) of the convenience signer(s), if you want
one or more convenience signers on this account:
________________________________________________________________
________________________________________________________________
___ (6) CONVENIENCE ACCOUNT. The parties to the account own
the account. One or more convenience signers to the account may
make account transactions for a party. A convenience signer does
not own the account. On the death of the last surviving party,
ownership of the account passes as a part of the last surviving
party's estate under the last surviving party's will or by
intestacy. The financial institution may pay funds in the account
to a convenience signer before the financial institution receives
notice of the death of the last surviving party. The payment to a
convenience signer does not affect the parties' ownership of the
account.
Enter the names of the parties:
________________________________________________________________
________________________________________________________________
Enter the name(s) [names] of the convenience signer(s)
[signers]:
________________________________________________________________
________________________________________________________________
___ (7) TRUST ACCOUNT. The parties named as trustees to the
account own the account in proportion to the parties' net
contributions to the account. A trustee may withdraw funds from the
account. A beneficiary may not withdraw funds from the account
before all trustees are deceased. On the death of the last
surviving trustee, the ownership of the account passes to the
beneficiary. The trust account is not a part of a trustee's estate
and does not pass under the trustee's will or by intestacy, unless
the trustee survives all of the beneficiaries and all other
trustees.
Enter the name or names of the trustees:
________________________________________________________________
________________________________________________________________
Enter the name or names of the beneficiaries:
________________________________________________________________
________________________________________________________________
Enter the name(s) of the convenience signer(s), if you want
one or more convenience signers on this account:
________________________________________________________________
________________________________________________________________
SECTION 8.006. (a) Subchapter C, Chapter 113, Estates
Code, as effective January 1, 2014, is amended to conform to Section
1, Chapter 929 (H.B. 3075), Acts of the 81st Legislature, Regular
Session, 2009, by adding Section 113.106 to read as follows:
Sec. 113.106. OWNERSHIP AND OPERATION OF OTHER ACCOUNT WITH
CONVENIENCE SIGNER. (a) An account established by one or more
parties at a financial institution that is not designated as a
convenience account, but is instead designated as a single-party
account or another type of multiple-party account, may provide that
the sums on deposit may be paid or delivered to the parties or to one
or more convenience signers "for the convenience of the parties."
(b) Except as provided by Section 113.1541:
(1) the provisions of Sections 113.105, 113.206, and
113.208 apply to an account described by Subsection (a), including
provisions relating to the ownership of the account during the
lifetimes and on the deaths of the parties and provisions relating
to the powers and duties of the financial institution at which the
account is established; and
(2) any other law relating to a convenience signer
applies to a convenience signer designated as provided by this
section to the extent the law applies to a convenience signer on a
convenience account.
(b) Subchapter D, Chapter 113, Estates Code, as effective
January 1, 2014, is amended to conform to Section 1, Chapter 929
(H.B. 3075), Acts of the 81st Legislature, Regular Session, 2009,
by adding Section 113.1541 to read as follows:
Sec. 113.1541. OWNERSHIP OF OTHER ACCOUNT WITH CONVENIENCE
SIGNER ON DEATH OF LAST SURVIVING PARTY. On the death of the last
surviving party to an account that has a convenience signer
designated as provided by Section 113.106, the convenience signer
does not have a right of survivorship in the account and the estate
of the last surviving party owns the account unless the convenience
signer is also designated as a P.O.D. payee or as a beneficiary.
(c) Section 438B, Texas Probate Code, is repealed.
SECTION 8.007. Section 202.102, Estates Code, as effective
January 1, 2014, is amended to conform to Section 4, Chapter 602
(H.B. 585), Acts of the 81st Legislature, Regular Session, 2009, to
read as follows:
Sec. 202.102. TRANSFER OF RECORDS. The clerk of the court
from which a proceeding to declare heirship is transferred under
Section 202.101 shall, on entry of the order under that section,
send to the clerk of the court named in the order a certified
transcript of all pleadings, [docket] entries in the judge's
probate docket, and orders of the court in the proceeding. The
clerk of the court to which the proceeding is transferred shall:
(1) file the transcript;
(2) record the transcript in the judge's probate
docket [minutes] of that [the] court; and
(3) docket the proceeding.
SECTION 8.008. Section 202.151, Estates Code, as effective
January 1, 2014, is amended to conform to Section 5, Chapter 602
(H.B. 585), Acts of the 81st Legislature, Regular Session, 2009, to
read as follows:
Sec. 202.151. WRITTEN EVIDENCE IN PROCEEDING TO DECLARE
HEIRSHIP. The court may require that all or any part of the
evidence admitted in a proceeding to declare heirship be:
(1) reduced to writing and subscribed and sworn to by
the witnesses, respectively; and
(2) filed in the proceeding and recorded in the judge's
probate docket [minutes of the court].
SECTION 8.009. (a) Chapter 254, Estates Code, as effective
January 1, 2014, is amended to conform to Section 1, Chapter 414
(H.B. 1969), Acts of the 81st Legislature, Regular Session, 2009,
by adding Section 254.005 to read as follows:
Sec. 254.005. FORFEITURE CLAUSE. A provision in a will that
would cause a forfeiture of a devise or void a devise or provision
in favor of a person for bringing any court action, including
contesting a will, is unenforceable if:
(1) probable cause exists for bringing the action; and
(2) the action was brought and maintained in good
faith.
(b) Section 64, Texas Probate Code, is repealed.
SECTION 8.010. Section 256.052(a), Estates Code, as
effective January 1, 2014, is amended to conform to Section 1,
Chapter 633 (H.B. 1460), Acts of the 81st Legislature, Regular
Session, 2009, to read as follows:
(a) An application for the probate of a written will must
state and aver the following to the extent each is known to the
applicant or can, with reasonable diligence, be ascertained by the
applicant:
(1) each applicant's name and domicile;
(2) the testator's name, domicile, and, if known, age,
on the date of the testator's death;
(3) the fact, time, and place of the testator's death;
(4) facts showing that the court with which the
application is filed has venue;
(5) that the testator owned property, including a
statement generally describing the property and the property's
probable value;
(6) the date of the will;
(7) the name and residence of:
(A) any executor named in the will or, if no
executor is named, of the person to whom the applicant desires that
letters be issued; and
(B) each subscribing witness to the will, if any;
(8) whether one or more children born to or adopted by
the testator after the testator executed the will survived the
testator and, if so, the name of each of those children;
(9) whether a marriage of the testator was ever
dissolved after the will was made, whether by divorce, annulment,
or a declaration that the marriage was void, [divorced] and, if so,
when and from whom;
(10) whether the state, a governmental agency of the
state, or a charitable organization is named in the will as a
devisee; and
(11) that the executor named in the will, the
applicant, or another person to whom the applicant desires that
letters be issued is not disqualified by law from accepting the
letters.
SECTION 8.011. Section 257.051(a), Estates Code, as
effective January 1, 2014, is amended to conform to Section 1,
Chapter 634 (H.B. 1461), Acts of the 81st Legislature, Regular
Session, 2009, to read as follows:
(a) An application for the probate of a will as a muniment of
title must state and aver the following to the extent each is known
to the applicant or can, with reasonable diligence, be ascertained
by the applicant:
(1) each applicant's name and domicile;
(2) the testator's name, domicile, and, if known, age,
on the date of the testator's death;
(3) the fact, time, and place of the testator's death;
(4) facts showing that the court with which the
application is filed has venue;
(5) that the testator owned property, including a
statement generally describing the property and the property's
probable value;
(6) the date of the will;
(7) the name and residence of:
(A) any executor named in the will; and
(B) each subscribing witness to the will, if any;
(8) whether one or more children born to or adopted by
the testator after the testator executed the will survived the
testator and, if so, the name of each of those children;
(9) that the testator's estate does not owe an unpaid
debt, other than any debt secured by a lien on real estate;
(10) whether a marriage of the testator was ever
dissolved after the will was made, whether by divorce, annulment,
or a declaration that the marriage was void, [divorced] and, if so,
when and from whom; and
(11) whether the state, a governmental agency of the
state, or a charitable organization is named in the will as a
devisee.
SECTION 8.012. Section 305.055, Estates Code, as effective
January 1, 2014, is amended to conform to Section 8, Chapter 602
(H.B. 585), Acts of the 81st Legislature, Regular Session, 2009, to
read as follows:
Sec. 305.055. FILING AND RECORDING OF OATH. An oath shall
be:
(1) filed with the clerk of the court granting the
letters testamentary or of administration, as applicable; and
(2) recorded in the judge's probate docket [minutes of
that court].
SECTION 8.013. Section 305.251(a), Estates Code, as
effective January 1, 2014, is amended to more closely conform to the
source law from which it was derived to read as follows:
(a) A personal representative may be required to give a new
bond if:
(1) a surety on a bond dies, removes beyond the limits
[moves out] of this state, or becomes insolvent;
(2) in the court's opinion:
(A) the sureties on a bond are insufficient; or
(B) a bond is defective;
(3) the amount of a bond is insufficient;
(4) a surety on a bond petitions the court to be
discharged from future liability on the bond; or
(5) a bond and the record of the bond have been lost or
destroyed.
SECTION 8.014. Section 309.051(b), Estates Code, as
effective January 1, 2014, is amended to more closely conform to the
source law from which it was derived to read as follows:
(b) The personal representative shall:
(1) set out in the inventory the representative's
appraisement of the fair market value on the date of the decedent's
death of each item in the inventory; or
(2) if the court has appointed one or more appraisers
for the estate [under Subchapter A]:
(A) determine the fair market value of each item
in the inventory with the assistance of the appraiser or
appraisers; and
(B) set out that appraisement in the inventory.
SECTION 8.015. Section 355.102(g), Estates Code, as
effective January 1, 2014, is amended to conform to Section 25.151,
Chapter 87 (S.B. 1969), Acts of the 81st Legislature, Regular
Session, 2009, to read as follows:
(g) Class 6 claims are composed of claims for the cost of
confinement established by the [institutional division of the]
Texas Department of Criminal Justice under Section 501.017,
Government Code.
SECTION 8.016. Section 357.002(b), Estates Code, as
effective January 1, 2014, is amended to more closely conform to the
source law from which it was derived to read as follows:
(b) If the court finds that granting an application filed
under Subsection (a) is in the interest of the estate, the court
shall grant the application and issue an order that:
(1) describes the property to be rented; and
(2) states whether the property will be rented at
public auction or privately, whether for cash or on credit, and if
on credit, the extent of the credit and the period for which the
property may be rented.
SECTION 8.017. Section 358.152(d), Estates Code, as
effective January 1, 2014, is amended to conform to Section 9,
Chapter 602 (H.B. 585), Acts of the 81st Legislature, Regular
Session, 2009, to read as follows:
(d) The agreement may not be recorded in the judge's probate
docket [minutes].
SECTION 8.018. Section 362.009, Estates Code, as effective
January 1, 2014, is amended to conform to Section 10, Chapter 602
(H.B. 585), Acts of the 81st Legislature, Regular Session, 2009, to
read as follows:
Sec. 362.009. MONEY DUE TO ESTATE PENDING FINAL DISCHARGE.
Money or another thing of value that becomes due to the estate while
an account for final settlement is pending may be paid, delivered,
or tendered to the personal representative until the order of final
discharge of the representative is entered in the judge's probate
docket [minutes of the court]. The representative shall issue a
receipt for the money or other thing of value to the obligor or
payor. On issuance of the receipt, the obligor or payor is
discharged of the obligation for all purposes.
SECTION 8.019. Sections 501.004(a) and (b), Estates Code,
as effective January 1, 2014, are amended to conform to Section 6,
Chapter 602 (H.B. 585), Acts of the 81st Legislature, Regular
Session, 2009, to read as follows:
(a) If a foreign will submitted for ancillary probate in
this state has been admitted to probate or otherwise established in
the jurisdiction in which the testator was domiciled at the time of
the testator's death, it is the ministerial duty of the court clerk
to record the will and the evidence of the will's probate or other
establishment in the judge's probate docket [minutes of the court].
(b) If a foreign will submitted for ancillary probate in
this state has been admitted to probate or otherwise established in
a jurisdiction other than the jurisdiction in which the testator
was domiciled at the time of the testator's death, and a contest
against the ancillary probate is not filed as authorized by Chapter
504, the court clerk shall record the will and the evidence of the
will's probate or other establishment in the judge's probate docket
[minutes of the court].
SECTION 8.020. Section 504.051, Estates Code, as effective
January 1, 2014, is amended to conform to Section 7, Chapter 602
(H.B. 585), Acts of the 81st Legislature, Regular Session, 2009, to
read as follows:
Sec. 504.051. NOTICE OF WILL CONTEST IN FOREIGN
JURISDICTION. Verified notice that a proceeding to contest a will
probated or established in a foreign jurisdiction has been
commenced in that jurisdiction may be filed and recorded in the
judge's probate docket [minutes] of the court in this state in which
the foreign will was probated, or in the deed records of any county
of this state in which the foreign will was recorded, within the
time limits for the contest of a foreign will in this state.
SECTION 8.021. Section 551.006(b), Estates Code, as
effective January 1, 2014, is amended to conform to Section 11,
Chapter 602 (H.B. 585), Acts of the 81st Legislature, Regular
Session, 2009, to read as follows:
(b) The court clerk shall record the comptroller's receipt
in the judge's probate docket [minutes of the court].
SECTION 8.022. Section 22.023, Estates Code, as effective
January 1, 2014, is repealed to conform to Section 19(2), Chapter
602 (H.B. 585), Acts of the 81st Legislature, Regular Session,
2009.
SECTION 8.023. Section 53.105, Estates Code, as effective
January 1, 2014, is repealed to conform to Section 3, Chapter 602
(H.B. 585), Acts of the 81st Legislature, Regular Session, 2009.
SECTION 8.024. It is the intent of the legislature that,
with respect to any provision of the Texas Probate Code that is
transferred by Chapter 680 (H.B. 2502), Acts of the 81st
Legislature, Regular Session, 2009, to the Estates Code and
redesignated as a provision of that code effective January 1, 2014,
the transferred provision include all amendments to that provision
enacted by the 81st, 82nd, and 83rd Legislatures and any
reenactments of the provision by those legislatures.
SECTION 8.025. (a) This section applies in addition to the
saving provisions specified by Sections 311.031(c) and (d),
Government Code (Code Construction Act).
(b) The repeal of a statute by Chapter 680 (H.B. 2502), Acts
of the 81st Legislature, Regular Session, 2009, does not affect an
amendment, revision, or reenactment of the statute by the 82nd or
83rd Legislature. The amendment, revision, or reenactment made by
the 82nd or 83rd Legislature is preserved and given effect as part
of the code provision that revised the statute so amended, revised,
or reenacted.
(c) If any provision of Title 1 or Subtitle B, C, D, E, F, G,
H, J, K, or L, Title 2, Estates Code, as enacted by Chapter 680 (H.B.
2502), Acts of the 81st Legislature, Regular Session, 2009,
effective January 1, 2014, conflicts with a statute enacted by the
82nd or 83rd Legislature, the statute controls.
SECTION 8.026. (a) Except as otherwise provided by this
section, this article takes effect January 1, 2014.
(b) Sections 8.024 and 8.025 take effect September 1, 2011.
ARTICLE 9. CHANGES RELATING TO FAMILY CODE
SECTION 9.001. Section 154.062(c), Family Code, as amended
by Chapters 767 (S.B. 865), 834 (S.B. 1820), and 1118 (H.B. 1151),
Acts of the 81st Legislature, Regular Session, 2009, is reenacted
and amended to read as follows:
(c) Resources do not include:
(1) return of principal or capital;
(2) accounts receivable;
(3) benefits paid in accordance with the Temporary
Assistance for Needy Families program or another federal public
assistance program [programs]; or
(4) payments for foster care of a child.
SECTION 9.002. Section 263.502(c), Family Code, as amended
by Chapters 108 (H.B. 1629) and 1372 (S.B. 939), Acts of the 81st
Legislature, Regular Session, 2009, is reenacted and amended to
read as follows:
(c) The placement review report must identify the
department's permanency goal for the child and must:
(1) evaluate whether the child's current placement is
appropriate for meeting the child's needs;
(2) evaluate whether efforts have been made to ensure
placement of the child in the least restrictive environment
consistent with the best interest and special needs of the child if
the child is placed in institutional care;
(3) contain a transition plan for a child who is at
least 16 years of age that identifies the services and specific
tasks that are needed to assist the child in making the transition
from substitute care to adult living and describes the services
that are being provided through the Transitional Living Services
Program operated by the department;
(4) evaluate whether the child's current educational
placement is appropriate for meeting the child's academic needs;
(5) identify other plans or services that are needed
to meet the child's special needs or circumstances;
(6) describe the efforts of the department or
authorized agency to place the child for adoption if parental
rights to the child have been terminated and the child is eligible
for adoption, including efforts to provide adoption promotion and
support services as defined by 42 U.S.C. Section 629a and other
efforts consistent with the federal Adoption and Safe Families Act
of 1997 (Pub. L. No. 105-89); [and]
(7) for a child for whom the department has been named
managing conservator in a final order that does not include
termination of parental rights, describe the efforts of the
department to find a permanent placement for the child, including
efforts to:
(A) work with the caregiver with whom the child
is placed to determine whether that caregiver is willing to become a
permanent placement for the child;
(B) locate a relative or other suitable
individual to serve as permanent managing conservator of the child;
and
(C) evaluate any change in a parent's
circumstances to determine whether:
(i) the child can be returned to the parent;
or
(ii) parental rights should be terminated;
and
(8) [(7)] with respect to a child committed to the
Texas Youth Commission or released under supervision by the Texas
Youth Commission:
(A) evaluate whether the child's needs for
treatment and education are being met;
(B) describe, using information provided by the
Texas Youth Commission, the child's progress in any rehabilitation
program administered by the Texas Youth Commission; and
(C) recommend other plans or services to meet the
child's needs.
SECTION 9.003. Section 263.503, Family Code, as amended by
Chapters 108 (H.B. 1629) and 1372 (S.B. 939), Acts of the 81st
Legislature, Regular Session, 2009, is reenacted and amended to
read as follows:
Sec. 263.503. PLACEMENT REVIEW HEARINGS; PROCEDURE.
(a) At each placement review hearing, the court shall determine
whether:
(1) the child's current placement is necessary, safe,
and appropriate for meeting the child's needs, including with
respect to a child placed outside of the state, whether the
placement continues to be appropriate and in the best interest of
the child;
(2) efforts have been made to ensure placement of the
child in the least restrictive environment consistent with the best
interest and special needs of the child if the child is placed in
institutional care;
(3) the services that are needed to assist a child who
is at least 16 years of age in making the transition from substitute
care to independent living are available in the community;
(4) other plans or services are needed to meet the
child's special needs or circumstances;
(5) the department or authorized agency has exercised
due diligence in attempting to place the child for adoption if
parental rights to the child have been terminated and the child is
eligible for adoption;
(6) for a child for whom the department has been named
managing conservator in a final order that does not include
termination of parental rights, a permanent placement, including
appointing a relative as permanent managing conservator or
returning the child to a parent, is appropriate for the child;
(7) for a child whose permanency goal is another
planned, permanent living arrangement, the department has:
(A) documented a compelling reason why adoption,
permanent managing conservatorship with a relative or other
suitable individual, or returning the child to a parent is not in
the child's best interest; and
(B) identified a family or other caring adult who
has made a permanent commitment to the child; [and]
(8) the department or authorized agency has made
reasonable efforts to finalize the permanency plan that is in
effect for the child; and
(9) [(7)] if the child is committed to the Texas Youth
Commission or released under supervision by the Texas Youth
Commission, the child's needs for treatment, rehabilitation, and
education are being met.
(b) For a child for whom the department has been named
managing conservator in a final order that does not include
termination of parental rights, the court may order the department
to provide services to a parent for not more than six months after
the date of the placement review hearing if:
(1) the child has not been placed with a relative or
other individual, including a foster parent, who is seeking
permanent managing conservatorship of the child; and
(2) the court determines that further efforts at
reunification with a parent are:
(A) in the best interest of the child; and
(B) likely to result in the child's safe return
to the child's parent.
ARTICLE 10. CHANGES RELATING TO FINANCE CODE
SECTION 10.001. Section 157.012, Finance Code, as added by
Chapters 1104 (H.B. 10) and 1147 (H.B. 2779), Acts of the 81st
Legislature, Regular Session, 2009, is reenacted to read as
follows:
Sec. 157.012. LICENSE REQUIRED FOR CERTAIN EMPLOYEES OF
MORTGAGE BANKERS. (a) In this section, "Nationwide Mortgage
Licensing System and Registry" and "residential mortgage loan
originator" have the meanings assigned by Section 180.002.
(b) An employee of a mortgage banker may not act in the
capacity of a residential mortgage loan originator unless the
employee:
(1) is licensed under this chapter and enrolled with
the Nationwide Mortgage Licensing System and Registry as required
by Section 180.052; and
(2) complies with other applicable requirements of
Chapter 180 and rules adopted by the finance commission under that
chapter.
(c) The finance commission may adopt rules under this
chapter as required to carry out the intentions of the federal
Secure and Fair Enforcement for Mortgage Licensing Act of 2008
(Pub. L. No. 110-289).
(d) To be eligible to be licensed as a residential mortgage
loan originator, an employee of a mortgage banker, in addition to
the requirements of Subsection (b), must:
(1) satisfy the commissioner as to the employee's good
moral character, including the employee's honesty,
trustworthiness, and integrity;
(2) not be in violation of this chapter or a rule
adopted under this chapter; and
(3) provide the commissioner with satisfactory
evidence that the employee meets the qualifications provided by
Chapter 180.
SECTION 10.002. Section 348.208(b), Finance Code, as
amended by Chapters 36 (S.B. 778) and 149 (S.B. 1966), Acts of the
81st Legislature, Regular Session, 2009, is reenacted and amended
to read as follows:
(b) A retail installment contract may include as a separate
charge an amount for:
(1) motor vehicle property damage or bodily injury
liability insurance;
(2) mechanical breakdown insurance;
(3) participation in a motor vehicle theft protection
plan;
(4) insurance to reimburse the retail buyer for the
amount computed by subtracting the proceeds of the buyer's basic
collision policy on the motor vehicle from the amount owed on the
vehicle if the vehicle has been rendered a total loss;
(5) a warranty or service contract relating to the
motor vehicle; [or]
(6) an identity recovery service contract defined by
Section 1306.003, Occupations Code; or
(7) [(6)] a debt cancellation agreement if the
agreement is included as a term of a retail installment contract
under Section 348.124.
ARTICLE 11. CHANGES RELATING TO GOVERNMENT CODE
PART A. GENERAL CHANGES
SECTION 11.001. Section 76.011(b), Government Code, is
amended to correct a reference to read as follows:
(b) The department may use money deposited in the special
fund of the county treasury for the department under Article
103.004(d) [103.004(b)], Code of Criminal Procedure, only for the
same purposes for which state aid may be used under this chapter.
SECTION 11.002. Section 316.002(a), Government Code, is
amended to correct a reference to read as follows:
(a) Before the Legislative Budget Board submits the budget
as prescribed by Section 322.008(c) [322.008(b)], the board shall
establish:
(1) the estimated rate of growth of the state's economy
from the current biennium to the next biennium;
(2) the level of appropriations for the current
biennium from state tax revenues not dedicated by the constitution;
and
(3) the amount of state tax revenues not dedicated by
the constitution that could be appropriated for the next biennium
within the limit established by the estimated rate of growth of the
state's economy.
SECTION 11.003. Section 403.302(d), Government Code, as
amended by Chapters 1186 (H.B. 3676) and 1328 (H.B. 3646), Acts of
the 81st Legislature, Regular Session, 2009, is reenacted to read
as follows:
(d) For the purposes of this section, "taxable value" means
the market value of all taxable property less:
(1) the total dollar amount of any residence homestead
exemptions lawfully granted under Section 11.13(b) or (c), Tax
Code, in the year that is the subject of the study for each school
district;
(2) one-half of the total dollar amount of any
residence homestead exemptions granted under Section 11.13(n), Tax
Code, in the year that is the subject of the study for each school
district;
(3) the total dollar amount of any exemptions granted
before May 31, 1993, within a reinvestment zone under agreements
authorized by Chapter 312, Tax Code;
(4) subject to Subsection (e), the total dollar amount
of any captured appraised value of property that:
(A) is within a reinvestment zone created on or
before May 31, 1999, or is proposed to be included within the
boundaries of a reinvestment zone as the boundaries of the zone and
the proposed portion of tax increment paid into the tax increment
fund by a school district are described in a written notification
provided by the municipality or the board of directors of the zone
to the governing bodies of the other taxing units in the manner
provided by Section 311.003(e), Tax Code, before May 31, 1999, and
within the boundaries of the zone as those boundaries existed on
September 1, 1999, including subsequent improvements to the
property regardless of when made;
(B) generates taxes paid into a tax increment
fund created under Chapter 311, Tax Code, under a reinvestment zone
financing plan approved under Section 311.011(d), Tax Code, on or
before September 1, 1999; and
(C) is eligible for tax increment financing under
Chapter 311, Tax Code;
(5) the total dollar amount of any captured appraised
value of property that:
(A) is within a reinvestment zone:
(i) created on or before December 31, 2008,
by a municipality with a population of less than 18,000; and
(ii) the project plan for which includes
the alteration, remodeling, repair, or reconstruction of a
structure that is included on the National Register of Historic
Places and requires that a portion of the tax increment of the zone
be used for the improvement or construction of related facilities
or for affordable housing;
(B) generates school district taxes that are paid
into a tax increment fund created under Chapter 311, Tax Code; and
(C) is eligible for tax increment financing under
Chapter 311, Tax Code;
(6) the total dollar amount of any exemptions granted
under Section 11.251 or 11.253, Tax Code;
(7) the difference between the comptroller's estimate
of the market value and the productivity value of land that
qualifies for appraisal on the basis of its productive capacity,
except that the productivity value estimated by the comptroller may
not exceed the fair market value of the land;
(8) the portion of the appraised value of residence
homesteads of individuals who receive a tax limitation under
Section 11.26, Tax Code, on which school district taxes are not
imposed in the year that is the subject of the study, calculated as
if the residence homesteads were appraised at the full value
required by law;
(9) a portion of the market value of property not
otherwise fully taxable by the district at market value because of:
(A) action required by statute or the
constitution of this state that, if the tax rate adopted by the
district is applied to it, produces an amount equal to the
difference between the tax that the district would have imposed on
the property if the property were fully taxable at market value and
the tax that the district is actually authorized to impose on the
property, if this subsection does not otherwise require that
portion to be deducted; or
(B) action taken by the district under Subchapter
B or C, Chapter 313, Tax Code, before the expiration of the
subchapter;
(10) the market value of all tangible personal
property, other than manufactured homes, owned by a family or
individual and not held or used for the production of income;
(11) the appraised value of property the collection of
delinquent taxes on which is deferred under Section 33.06, Tax
Code;
(12) the portion of the appraised value of property
the collection of delinquent taxes on which is deferred under
Section 33.065, Tax Code; and
(13) the amount by which the market value of a
residence homestead to which Section 23.23, Tax Code, applies
exceeds the appraised value of that property as calculated under
that section.
SECTION 11.004. Section 403.302(m), Government Code, as
added by Chapter 1186 (H.B. 3676), Acts of the 81st Legislature,
Regular Session, 2009, is amended to conform to Section 80, Chapter
1328 (H.B. 3646), Acts of the 81st Legislature, Regular Session,
2009, to read as follows:
(m) Subsection (d)(9) [(d)(10)] does not apply to property
that was the subject of an application under Subchapter B or C,
Chapter 313, Tax Code, made after May 1, 2009, that the comptroller
recommended should be disapproved.
SECTION 11.005. Section 411.081(i), Government Code, as
amended by Chapters 183 (H.B. 1830), 780 (S.B. 1056), 816 (S.B.
1599), and 1027 (H.B. 4343), Acts of the 81st Legislature, Regular
Session, 2009, is reenacted and amended to read as follows:
(i) A criminal justice agency may disclose criminal history
record information that is the subject of an order of nondisclosure
under Subsection (d) to the following noncriminal justice agencies
or entities only:
(1) the State Board for Educator Certification;
(2) a school district, charter school, private school,
regional education service center, commercial transportation
company, or education shared service arrangement;
(3) the Texas Medical Board;
(4) the Texas School for the Blind and Visually
Impaired;
(5) the Board of Law Examiners;
(6) the State Bar of Texas;
(7) a district court regarding a petition for name
change under Subchapter B, Chapter 45, Family Code;
(8) the Texas School for the Deaf;
(9) the Department of Family and Protective Services;
(10) the Texas Youth Commission;
(11) the Department of Assistive and Rehabilitative
Services;
(12) the Department of State Health Services, a local
mental health service, a local mental retardation authority, or a
community center providing services to persons with mental illness
or retardation;
(13) the Texas Private Security Board;
(14) a municipal or volunteer fire department;
(15) the Texas Board of Nursing;
(16) a safe house providing shelter to children in
harmful situations;
(17) a public or nonprofit hospital or hospital
district;
(18) the Texas Juvenile Probation Commission;
(19) the securities commissioner, the banking
commissioner, the savings and mortgage lending commissioner, or the
credit union commissioner;
(20) the Texas State Board of Public Accountancy;
(21) the Texas Department of Licensing and Regulation;
(22) the Health and Human Services Commission;
(23) the Department of Aging and Disability Services;
(24) the Texas Education Agency; [and]
(25) the Guardianship Certification Board; [and]
(26) a county clerk's office in relation to a
proceeding for the appointment of a guardian under Chapter XIII,
Texas Probate Code;
(27) [(25)] the Department of Information Resources
but only regarding an employee, applicant for employment,
contractor, subcontractor, intern, or volunteer who provides
network security services under Chapter 2059 to:
(A) the Department of Information Resources; or
(B) a contractor or subcontractor of the
Department of Information Resources;
(28) [(25)] the Court Reporters Certification Board;
and
(29) [(25)] the Texas Department of Insurance.
SECTION 11.006. Section 411.122(d), Government Code, as
amended by Chapters 213 (S.B. 1005), 450 (H.B. 2447), and 933
(H.B. 3097), Acts of the 81st Legislature, Regular Session, 2009,
is reenacted to read as follows:
(d) The following state agencies are subject to this
section:
(1) Texas Appraiser Licensing and Certification
Board;
(2) Texas Board of Architectural Examiners;
(3) Texas Board of Chiropractic Examiners;
(4) State Board of Dental Examiners;
(5) Texas Board of Professional Engineers;
(6) Texas Funeral Service Commission;
(7) Texas Board of Professional Geoscientists;
(8) Department of State Health Services, except as
provided by Section 411.110, and agencies attached to the
department, including:
(A) Texas State Board of Examiners of Dietitians;
(B) Texas State Board of Examiners of Marriage
and Family Therapists;
(C) Midwifery Board;
(D) Texas State Perfusionist Advisory Committee;
(E) Texas State Board of Examiners of
Professional Counselors;
(F) Texas State Board of Social Worker Examiners;
(G) State Board of Examiners for Speech-Language
Pathology and Audiology;
(H) Advisory Board of Athletic Trainers;
(I) State Committee of Examiners in the Fitting
and Dispensing of Hearing Instruments;
(J) Texas Board of Licensure for Professional
Medical Physicists; and
(K) Texas Board of Orthotics and Prosthetics;
(9) Texas Board of Professional Land Surveying;
(10) Texas Department of Licensing and Regulation,
except as provided by Section 411.093;
(11) Texas Commission on Environmental Quality;
(12) Texas Board of Occupational Therapy Examiners;
(13) Texas Optometry Board;
(14) Texas State Board of Pharmacy;
(15) Texas Board of Physical Therapy Examiners;
(16) Texas State Board of Plumbing Examiners;
(17) Texas State Board of Podiatric Medical Examiners;
(18) Texas State Board of Examiners of Psychologists;
(19) Texas Real Estate Commission;
(20) Texas Department of Transportation;
(21) State Board of Veterinary Medical Examiners;
(22) Texas Department of Housing and Community
Affairs;
(23) secretary of state;
(24) state fire marshal;
(25) Texas Education Agency;
(26) Department of Agriculture; and
(27) Texas Department of Motor Vehicles.
SECTION 11.007. Section 411.190(d-1), Government Code, as
added by Sections 5.11 and 11.15, Chapter 1146 (H.B. 2730), Acts of
the 81st Legislature, Regular Session, 2009, is reenacted to read
as follows:
(d-1) The department shall ensure that an applicant may
renew certification under Subsection (d) from any county in this
state by using an online format to complete the required retraining
courses if:
(1) the applicant is renewing certification for the
first time; or
(2) the applicant completed the required retraining
courses in person the previous time the applicant renewed
certification.
SECTION 11.008. Section 418.016, Government Code, as
amended by Chapters 990 (H.B. 3851) and 1280 (H.B. 1831), Acts of
the 81st Legislature, Regular Session, 2009, is reenacted and
amended to read as follows:
Sec. 418.016. SUSPENSION OF CERTAIN LAWS AND RULES.
(a) The governor may suspend the provisions of any regulatory
statute prescribing the procedures for conduct of state business or
the orders or rules of a state agency if strict compliance with the
provisions, orders, or rules would in any way prevent, hinder, or
delay necessary action in coping with a disaster.
(b) Upon declaration of a state of disaster, enforcement of
the regulation of on-premise outdoor signs under Subchapter A,
Chapter 216, Local Government Code, by a municipality that is
located in a county within, or that is located in a county adjacent
to a county within, the disaster area specified by the declaration
is suspended to allow licensed or admitted insurance carriers or
licensed agents acting on behalf of insurance carriers to erect
temporary claims service signage for not more than 30 days or until
the end of the declaration of disaster, whichever is earlier.
(c) A temporary claims service sign shall not:
(1) be larger than forty square feet in size; [and]
(2) be more than five feet in height; and
(3) be placed in the right of way.
(d) [(4)] At the end of the 30 days or the end of the
declaration of disaster, whichever is earlier, the insurance
carrier or its licensed agents must remove the temporary claims
service signage that was erected.
(e) [(b)] On request of a political subdivision, the
governor may waive or suspend a deadline imposed by a statute or the
orders or rules of a state agency on the political subdivision,
including a deadline relating to a budget or ad valorem tax, if the
waiver or suspension is reasonably necessary to cope with a
disaster.
SECTION 11.009. Section 418.042(a), Government Code, as
amended by Chapters 365 (H.B. 1326) and 1280 (H.B. 1831), Acts of
the 81st Legislature, Regular Session, 2009, is reenacted and
amended to read as follows:
(a) The division shall prepare and keep current a
comprehensive state emergency management plan. The plan may
include:
(1) provisions for prevention and minimization of
injury and damage caused by disaster;
(2) provisions for prompt and effective response to
disaster;
(3) provisions for emergency relief;
(4) provisions for energy emergencies;
(5) identification of areas particularly vulnerable
to disasters;
(6) recommendations for zoning, building
restrictions, and other land-use controls, safety measures for
securing mobile homes or other nonpermanent or semipermanent
structures, and other preventive and preparedness measures
designed to eliminate or reduce disasters or their impact;
(7) provisions for assistance to local officials in
designing local emergency management plans;
(8) authorization and procedures for the erection or
other construction of temporary works designed to protect against
or mitigate danger, damage, or loss from flood, fire, or other
disaster;
(9) preparation and distribution to the appropriate
state and local officials of state catalogs of federal, state, and
private assistance programs;
(10) organization of manpower and channels of
assistance;
(11) coordination of federal, state, and local
emergency management activities;
(12) coordination of the state emergency management
plan with the emergency management plans of the federal government;
(13) coordination of federal and state energy
emergency plans;
(14) provisions for providing information to local
officials on activation of the Emergency Alert System established
under 47 C.F.R. Part 11;
(15) a database of public facilities that may be used
under Section 418.017 to shelter individuals during a disaster,
including air-conditioned facilities for shelter during an extreme
heat disaster and fortified structures for shelter during a wind
disaster; [and]
(16) provisions for quickly replenishing the food
supplies of area food banks or food pantries following a disaster;
and
(17) [(16)] other necessary matters relating to
disasters.
SECTION 11.010. Section 418.043, Government Code, as
amended by Chapters 1280 (H.B. 1831) and 1408 (H.B. 4409), Acts of
the 81st Legislature, Regular Session, 2009, is reenacted and
amended to read as follows:
Sec. 418.043. OTHER POWERS AND DUTIES. The division shall:
(1) determine requirements of the state and its
political subdivisions for food, clothing, and other necessities in
event of a disaster;
(2) procure and position supplies, medicines,
materials, and equipment;
(3) adopt standards and requirements for local and
interjurisdictional emergency management plans;
(4) periodically review local and interjurisdictional
emergency management plans;
(5) coordinate deployment of mobile support units;
(6) establish and operate training programs and
programs of public information or assist political subdivisions and
emergency management agencies to establish and operate the
programs;
(7) make surveys of public and private industries,
resources, and facilities in the state that are necessary to carry
out the purposes of this chapter;
(8) plan and make arrangements for the availability
and use of any private facilities, services, and property and
provide for payment for use under terms and conditions agreed on if
the facilities are used and payment is necessary;
(9) establish a register of persons with types of
training and skills important in disaster mitigation,
preparedness, response, and recovery;
(10) establish a register of mobile and construction
equipment and temporary housing available for use in a disaster;
(11) assist political subdivisions in developing
plans for the humane evacuation, transport, and temporary
sheltering of service animals and household pets in a disaster;
(12) prepare, for issuance by the governor, executive
orders and regulations necessary or appropriate in coping with
disasters;
(13) cooperate with the federal government and any
public or private agency or entity in achieving any purpose of this
chapter and in implementing programs for disaster mitigation,
preparation, response, and recovery;
(14) develop a plan to raise public awareness and
expand the capability of the information and referral network under
Section 531.0312;
(15) improve the integration of volunteer groups,
including faith-based organizations, into emergency management
plans;
(16) cooperate with the Federal Emergency Management
Agency to create uniform guidelines for acceptable home repairs
following disasters and promote public awareness of the guidelines;
(17) cooperate with state agencies to:
(A) encourage the public to participate in
volunteer emergency response teams and organizations that respond
to disasters; and
(B) provide information on those programs in
state disaster preparedness and educational materials and on
Internet websites;
(18) establish a liability awareness program for
volunteers, including medical professionals; [and]
(19) define "individuals with special needs" in the
context of a disaster; and
(20) [(15)] do other things necessary, incidental, or
appropriate for the implementation of this chapter.
SECTION 11.011. Section 434.017(a), Government Code, as
amended by Chapters 840 (S.B. 1940) and 1385 (S.B. 1655), Acts of
the 81st Legislature, Regular Session, 2009, is reenacted and
amended to read as follows:
(a) The fund for veterans' assistance is a special fund in
the state treasury outside the general revenue fund. The fund is
composed of:
(1) money transferred to the fund at the direction of
the legislature;
(2) gifts and grants contributed to the fund;
(3) the earnings of the fund; [and]
(4) money transferred to the fund from proceeds of the
lottery game operated under Section 466.027 or transferred to the
fund under Section 466.408(b); and
(5) [(2)] money deposited to the credit of the fund
under Section 502.1746, Transportation Code.
SECTION 11.012. Section 511.009(a), Government Code, as
amended by Chapters 977 (H.B. 3654) and 1215 (S.B. 1009), Acts of
the 81st Legislature, Regular Session, 2009, is reenacted to read
as follows:
(a) The commission shall:
(1) adopt reasonable rules and procedures
establishing minimum standards for the construction, equipment,
maintenance, and operation of county jails;
(2) adopt reasonable rules and procedures
establishing minimum standards for the custody, care, and treatment
of prisoners;
(3) adopt reasonable rules establishing minimum
standards for the number of jail supervisory personnel and for
programs and services to meet the needs of prisoners;
(4) adopt reasonable rules and procedures
establishing minimum requirements for programs of rehabilitation,
education, and recreation in county jails;
(5) revise, amend, or change rules and procedures if
necessary;
(6) provide to local government officials
consultation on and technical assistance for county jails;
(7) review and comment on plans for the construction
and major modification or renovation of county jails;
(8) require that the sheriff and commissioners of each
county submit to the commission, on a form prescribed by the
commission, an annual report on the conditions in each county jail
within their jurisdiction, including all information necessary to
determine compliance with state law, commission orders, and the
rules adopted under this chapter;
(9) review the reports submitted under Subdivision (8)
and require commission employees to inspect county jails regularly
to ensure compliance with state law, commission orders, and rules
and procedures adopted under this chapter;
(10) adopt a classification system to assist sheriffs
and judges in determining which defendants are low-risk and
consequently suitable participants in a county jail work release
program under Article 42.034, Code of Criminal Procedure;
(11) adopt rules relating to requirements for
segregation of classes of inmates and to capacities for county
jails;
(12) require that the chief jailer of each municipal
lockup submit to the commission, on a form prescribed by the
commission, an annual report of persons under 17 years of age
securely detained in the lockup, including all information
necessary to determine compliance with state law concerning secure
confinement of children in municipal lockups;
(13) at least annually determine whether each county
jail is in compliance with the rules and procedures adopted under
this chapter;
(14) require that the sheriff and commissioners court
of each county submit to the commission, on a form prescribed by the
commission, an annual report of persons under 17 years of age
securely detained in the county jail, including all information
necessary to determine compliance with state law concerning secure
confinement of children in county jails;
(15) schedule announced and unannounced inspections
of jails under the commission's jurisdiction using the risk
assessment plan established under Section 511.0085 to guide the
inspections process;
(16) adopt a policy for gathering and distributing to
jails under the commission's jurisdiction information regarding:
(A) common issues concerning jail
administration;
(B) examples of successful strategies for
maintaining compliance with state law and the rules, standards, and
procedures of the commission; and
(C) solutions to operational challenges for
jails;
(17) report to the Texas Correctional Office on
Offenders with Medical or Mental Impairments on a jail's compliance
with Article 16.22, Code of Criminal Procedure;
(18) adopt reasonable rules and procedures
establishing minimum requirements for jails to:
(A) determine if a prisoner is pregnant; and
(B) ensure that the jail's health services plan
addresses medical and mental health care, including nutritional
requirements, and any special housing or work assignment needs for
persons who are confined in the jail and are known or determined to
be pregnant; and
(19) provide guidelines to sheriffs regarding
contracts between a sheriff and another entity for the provision of
food services to or the operation of a commissary in a jail under
the commission's jurisdiction, including specific provisions
regarding conflicts of interest and avoiding the appearance of
impropriety.
SECTION 11.013. Section 552.149(d), Government Code, as
added by Chapters 555 (S.B. 1813) and ll53 (H.B. 2941), Acts of the
81st Legislature, Regular Session, 2009, and renumbered from
Section 552.148(d), Government Code, by Chapter 87 (S.B. 1969),
Acts of the 81st Legislature, Regular Session, 2009, is reenacted
to read as follows:
(d) Notwithstanding Subsection (a) or Section 403.304, so
as to assist a school district in the preparation of a protest filed
or to be filed under Section 403.303, the school district or an
agent of the school district may, on request, obtain from the
comptroller or the appraisal district any information, including
confidential information, obtained by the comptroller or the
appraisal district that relates to the appraisal of property
involved in the comptroller's finding that is being protested.
Confidential information obtained by a school district or an agent
of the school district under this subsection:
(1) remains confidential in the possession of the
school district or agent; and
(2) may not be disclosed to a person who is not
authorized to receive or inspect the information.
SECTION 11.014. Section 814.102, Government Code, is
amended to correct a reference to read as follows:
Sec. 814.102. ELIGIBILITY OF ELECTED MEMBERS FOR SERVICE
RETIREMENT. Except as provided by rule adopted under Section
813.304(d) or Section 803.202(a)(2) [803.202(2)], a member who has
service credit in the elected class of membership, is eligible to
retire and receive a service retirement annuity if the member:
(1) is at least 60 years old and has 8 years of service
credit in that class; or
(2) is at least 50 years old and has 12 years of
service credit in that class.
SECTION 11.015. Section 824.602(a), Government Code, as
amended by Chapters 674 (S.B. 132) and 1359 (S.B. 1691), Acts of the
79th Legislature, Regular Session, 2005, is reenacted to read as
follows:
(a) Subject to Section 825.506, the retirement system may
not, under Section 824.601, withhold a monthly benefit payment if
the retiree is employed in a Texas public educational institution:
(1) as a substitute only with pay not more than the
daily rate of substitute pay established by the employer and, if the
retiree is a disability retiree, the employment has not exceeded a
total of 90 days in the school year;
(2) in a position, other than as a substitute, on no
more than a one-half time basis for the month;
(3) in one or more positions on as much as a full-time
basis, if the work occurs in not more than six months of a school
year that begins after the retiree's effective date of retirement;
(4) in a position, other than as a substitute, on no
more than a one-half time basis for no more than 90 days in the
school year, if the retiree is a disability retiree;
(5) in a position as a classroom teacher on as much as
a full-time basis, if the retiree has retired under Section
824.202(a) or (a-1), is certified under Subchapter B, Chapter 21,
Education Code, to teach the subjects assigned, is teaching in an
acute shortage area as determined by the board of trustees of a
school district as provided by Subsection (m), and has been
separated from service with all public schools for at least 12
months;
(6) in a position as a principal, including as an
assistant principal, on as much as a full-time basis, if the retiree
has retired under Section 824.202(a) or (a-1) without reduction for
retirement at an early age, is certified under Subchapter B,
Chapter 21, Education Code, to serve as a principal, and has been
separated from service with all public schools for at least 12
months;
(7) as a bus driver for a school district on as much as
a full-time basis, if the retiree has retired under Section
824.202(a) or (a-1), and the retiree's primary employment is as a
bus driver; or
(8) as a faculty member, during the period beginning
with the 2005 fall semester and ending on the last day of the 2015
spring semester, in an undergraduate professional nursing program
or graduate professional nursing program, as defined by Section
54.221, Education Code, and if the retiree has been separated from
service with all public schools for at least 12 months.
SECTION 11.016. Section 1403.002(a), Government Code, is
amended to correct a reference to read as follows:
(a) As provided by Section 49-l [49-1], Article III, Texas
Constitution, the authority shall, in accordance with requests from
the office of the governor:
(1) issue general obligation bonds and notes in an
aggregate amount not to exceed $175 million, as authorized by the
office of the governor under Subsection (b); and
(2) as directed by the Texas Department of
Transportation, distribute the proceeds from the sale of the bonds
and notes to counties to provide financial assistance for colonia
access roadway projects to serve border colonias.
SECTION 11.017. Section 2054.352(a), Government Code, as
amended by Chapters 213 (S.B. 1005) and 450 (H.B. 2447), Acts of the
81st Legislature, Regular Session, 2009, is reenacted to read as
follows:
(a) The following licensing entities shall participate in
the system established under Section 2054.353:
(1) Texas Board of Chiropractic Examiners;
(2) Court Reporters Certification Board;
(3) State Board of Dental Examiners;
(4) Texas Funeral Service Commission;
(5) Texas Board of Professional Land Surveying;
(6) Texas Medical Board;
(7) Texas Board of Nursing;
(8) Texas Optometry Board;
(9) Department of Agriculture, for licenses issued
under Chapter 1951, Occupations Code;
(10) Texas State Board of Pharmacy;
(11) Executive Council of Physical Therapy and
Occupational Therapy Examiners;
(12) Texas State Board of Plumbing Examiners;
(13) Texas State Board of Podiatric Medical Examiners;
(14) Texas State Board of Examiners of Psychologists;
(15) State Board of Veterinary Medical Examiners;
(16) Texas Real Estate Commission;
(17) Texas Appraiser Licensing and Certification
Board;
(18) Texas Department of Licensing and Regulation;
(19) Texas State Board of Public Accountancy;
(20) State Board for Educator Certification;
(21) Texas Board of Professional Engineers;
(22) Department of State Health Services;
(23) Texas Board of Architectural Examiners;
(24) Texas Racing Commission;
(25) Commission on Law Enforcement Officer Standards
and Education; and
(26) Texas Private Security Board.
SECTION 11.018. Section 2113.011(e), Government Code, is
amended to correct a reference to read as follows:
(e) This section does not prohibit the use of appropriated
money for publicity functions authorized under Chapter 204,
Transportation Code [Chapter 193, Acts of the 56th Legislature,
Regular Session, 1959 (Article 6144e, Vernon's Texas Civil
Statutes)].
PART B. UPDATE OF COURT FEES AND COSTS
SECTION 11.101. (a) Section 101.0611, Government Code, is
amended to read as follows:
Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT
CODE. The clerk of a district court shall collect fees and costs
under the Government Code as follows:
(1) appellate judicial system filing fees for:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District
(Sec. 22.2031, Government Code) . . . not more than $5;
(C) Third Court of Appeals District
(Sec. 22.2041, Government Code) . . . $5;
(D) Fourth Court of Appeals District
(Sec. 22.2051, Government Code) . . . not more than $5;
(E) Fifth Court of Appeals District
(Sec. 22.2061, Government Code) . . . not more than $5;
(E-1) Sixth Court of Appeals District (Sec.
22.2071, Government Code) . . . $5;
(E-2) Seventh Court of Appeals District (Sec.
22.2081, Government Code) . . . $5;
(F) Ninth Court of Appeals District
(Sec. 22.2101, Government Code) . . . $5;
(G) Eleventh Court of Appeals District
(Sec. 22.2121, Government Code) . . . $5;
(G-1) Twelfth Court of Appeals District (Sec.
22.2131, Government Code) . . . $5; and
(H) Thirteenth Court of Appeals District
(Sec. 22.2141, Government Code) . . . not more than $5;
(2) when administering a case for the Rockwall County
Court at Law (Sec. 25.2012, Government Code) . . . civil fees and
court costs as if the case had been filed in district court;
(3) additional filing fees:
(A) for each suit filed for insurance contingency
fund, if authorized by the county commissioners court (Sec. 51.302,
Government Code) . . . not to exceed $5;
(B) to fund the improvement of Dallas County
civil court facilities, if authorized by the county commissioners
court (Sec. 51.705, Government Code) . . . not more than $15;
(B-1) to fund the improvement of Bexar County
court facilities, if authorized by the county commissioners court
(Sec. 51.706, Government Code) . . . not more than $15; [and]
(C) to fund the improvement of Hays County court
facilities, if authorized by the county commissioners court
(Sec. 51.707, Government Code) . . . not more than $15; and
(D) to fund the preservation of court records
(Sec. 51.708, Government Code) . . . not more than $10;
(4) for filing a suit, including an appeal from an
inferior court:
(A) for a suit with 10 or fewer plaintiffs
(Sec. 51.317, Government Code) . . . $50;
(B) for a suit with at least 11 but not more than
25 plaintiffs (Sec. 51.317, Government Code) . . . $75;
(C) for a suit with at least 26 but not more than
100 plaintiffs (Sec. 51.317, Government Code) . . . $100;
(D) for a suit with at least 101 but not more than
500 plaintiffs (Sec. 51.317, Government Code) . . . $125;
(E) for a suit with at least 501 but not more than
1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or
(F) for a suit with more than 1,000 plaintiffs
(Sec. 51.317, Government Code) . . . $200;
(5) for filing a cross-action, counterclaim,
intervention, contempt action, motion for new trial, or third-party
petition (Sec. 51.317, Government Code) . . . $15;
(6) for issuing a citation or other writ or process not
otherwise provided for, including one copy, when requested at the
time a suit or action is filed (Sec. 51.317, Government Code) . . .
$8;
(7) for records management and preservation
(Sec. 51.317, Government Code) . . . $10;
(7-a) for district court records archiving, if adopted
by the county commissioners court (Sec. 51.317(b)(5), Government
Code) . . . not more than $5;
(8) for issuing a subpoena, including one copy
(Sec. 51.318, Government Code) . . . $8;
(9) for issuing a citation, commission for deposition,
writ of execution, order of sale, writ of execution and order of
sale, writ of injunction, writ of garnishment, writ of attachment,
or writ of sequestration not provided for in Section 51.317, or any
other writ or process not otherwise provided for, including one
copy if required by law (Sec. 51.318, Government Code) . . . $8;
(10) for searching files or records to locate a cause
when the docket number is not provided (Sec. 51.318, Government
Code) . . . $5;
(11) for searching files or records to ascertain the
existence of an instrument or record in the district clerk's office
(Sec. 51.318, Government Code) . . . $5;
(12) for abstracting a judgment (Sec. 51.318,
Government Code) . . . $8;
(13) for approving a bond (Sec. 51.318, Government
Code) . . . $4;
(14) for a certified copy of a record, judgment,
order, pleading, or paper on file or of record in the district
clerk's office, including certificate and seal, for each page or
part of a page (Sec. 51.318, Government Code) . . . $1;
(15) for a noncertified copy, for each page or part of
a page (Sec. 51.318, Government Code) . . . not to exceed $1;
(16) fee for performing a service:
(A) related to the matter of the estate of a
deceased person (Sec. 51.319, Government Code) . . . the same fee
allowed the county clerk for those services;
(B) related to the matter of a minor
(Sec. 51.319, Government Code) . . . the same fee allowed the
county clerk for the service;
(C) of serving process by certified or registered
mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or
constable is authorized to charge for the service under Section
118.131, Local Government Code; and
(D) prescribed or authorized by law but for which
no fee is set (Sec. 51.319, Government Code) . . . a reasonable
fee;
(17) jury fee (Sec. 51.604, Government Code) . . .
$30;
(18) additional filing fee for family protection on
filing a suit for dissolution of a marriage under Chapter 6, Family
Code (Sec. 51.961, Government Code) . . . not to exceed $15;
(19) at a hearing held by an associate judge in Dallas
County, a court cost to preserve the record, in the absence of a
court reporter, by other means (Sec. 54.509, Government Code) . . .
as assessed by the referring court or associate judge; and
(20) at a hearing held by an associate judge in Duval
County, a court cost to preserve the record (Sec. 54.1151,
Government Code) . . . as imposed by the referring court or
associate judge.
(b) Sections 101.06111, 101.06113, 101.06114, 101.06115,
101.06116, and 101.06117, Government Code, are repealed.
SECTION 11.102. (a) Section 101.0811, Government Code, is
amended to conform to Chapters 1072 (H.B. 4741) and 1103 (H.B.
4833), Acts of the 81st Legislature, Regular Session, 2009, and is
further amended to read as follows:
Sec. 101.0811. STATUTORY COUNTY COURT FEES AND
COSTS: GOVERNMENT CODE. The clerk of a statutory county court
shall collect fees and costs under the Government Code as follows:
(1) appellate judicial system filing fees:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District
(Sec. 22.2031, Government Code) . . . not more than $5;
(C) Third Court of Appeals District
(Sec. 22.2041, Government Code) . . . $5;
(D) Fourth Court of Appeals District
(Sec. 22.2051, Government Code) . . . not more than $5;
(E) Fifth Court of Appeals District
(Sec. 22.2061, Government Code) . . . not more than $5;
(E-1) Sixth Court of Appeals District (Sec.
22.2071, Government Code) . . . $5;
(E-2) Seventh Court of Appeals District (Sec.
22.2081, Government Code) . . . $5;
(F) Ninth Court of Appeals District
(Sec. 22.2101, Government Code) . . . $5;
(G) Eleventh Court of Appeals District
(Sec. 22.2121, Government Code) . . . $5;
(G-1) Twelfth Court of Appeals District (Sec.
22.2131, Government Code) . . . $5; and
(H) Thirteenth Court of Appeals District
(Sec. 22.2141, Government Code) . . . not more than $5;
(2) an official court reporter fee, County Court at
Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . . $3;
(3) in Brazoria County, in matters of concurrent
jurisdiction with the district court, fees (Sec. 25.0222,
Government Code) . . . as prescribed by law for district judges
according to the nature of the matter;
(4) a court reporter fee when testimony is taken in a
county court at law in McLennan County (Sec. 25.1572, Government
Code) . . . $3;
(5) a stenographer fee, if a record or part of a record
is made:
(A) in a county court at law in Hidalgo County
(Sec. 25.1102, Government Code) . . . $20; and
(B) in a county court at law in Nolan County
(Sec. 25.1792, Government Code) . . . $25;
(6) jury fee (Sec. 51.604, Government Code) . . . $22;
(7) an additional filing fee:
(A) for each civil case filed to be used for
court-related purposes for the support of the judiciary
(Sec. 51.702, Government Code) . . . $40;
(B) to fund the improvement of Dallas County
civil court facilities, if authorized by the county commissioners
court (Sec. 51.705, Government Code) . . . not more than $15;
(B-1) to fund the improvement of Bexar County
court facilities, if authorized by the county commissioners court
(Sec. 51.706, Government Code) . . . not more than $15; [and]
(C) to fund the improvement of Hays County court
facilities, if authorized by the county commissioners court
(Sec. 51.707, Government Code) . . . not more than $15; and
(D) to fund the preservation of court records
(Sec. 51.708, Government Code) . . . not more than $10;
(8) the official court reporter's fee taxed as costs in
civil actions in a statutory county court:
(A) in Bexar County Courts at Law[:
[(i)] Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, [and]
12, 13, 14, and 15 (Sec. 25.0172, Government Code) . . . taxed in
the same manner as the fee is taxed in district court; [and
[(ii) No. 2 (Sec. 25.0172, Government Code)
. . . $3;]
(B) in Galveston County (Sec. 25.0862,
Government Code) . . . taxed in the same manner as the fee is taxed
in civil cases in the district courts; and
(C) in Parker County (Sec. 25.1862, Government
Code) . . . taxed in the same manner as the fee is taxed in civil
cases in the district courts;
(9) a stenographer's fee as costs in each civil,
criminal, and probate case in which a record is made by the official
court reporter in a statutory county court in Nolan County
(Sec. 25.1792, Government Code) . . . $25;
(10) in Nueces County, in matters of concurrent
jurisdiction with the district court, with certain exceptions, fees
(Sec. 25.1802, Government Code) . . . equal to those in district
court cases; and
(11) a fee not otherwise listed in this subchapter
that is required to be collected under Section 25.0008, Government
Code, in a county other than Brazos, Cameron, Ellis, Guadalupe,
Harris, Henderson, Liberty, Moore, Nolan, Panola, Parker, Starr,
Victoria, and Williamson . . . as prescribed by law relating to
county judges' fees.
(b) Sections 101.08111, 101.08112, 101.08113, 101.08114,
and 101.08115, Government Code, are repealed.
SECTION 11.103. Section 101.0812, Government Code, is
amended to conform to Chapter 334 (H.B. 890), Acts of the 81st
Legislature, Regular Session, 2009, to read as follows:
Sec. 101.0812. STATUTORY COUNTY COURT FEES AND
COSTS: HEALTH AND SAFETY CODE. The clerk of a statutory county
court shall collect fees and costs under the Health and Safety Code
as follows:
(1) for filing an application for registration of
death (Sec. 193.007, Health and Safety Code) . . . $1;
(2) fee for judge's services on an application for
court-ordered mental health services (Sec. 574.031, Health and
Safety Code) . . . not to exceed $50;
(3) fee for prosecutor's services on an application
for court-ordered mental health services (Sec. 574.031, Health and
Safety Code) . . . not to exceed $50;
(4) for a hearing or proceeding under the Texas Mental
Health Code (Subtitle C, Title 7, Health and Safety Code) as costs
(Secs. 571.017 and 571.018, Health and Safety Code) . . .
reasonable compensation to the following persons appointed under
the Texas Mental Health Code:
(A) attorneys;
(B) physicians;
(C) language interpreters;
(D) sign interpreters; and
(E) associate judges [masters];
(5) for a hearing or proceeding under the Texas Mental
Health Code (Subtitle C, Title 7, Health and Safety Code) as costs
(Sec. 571.018, Health and Safety Code):
(A) attorney's fees;
(B) physician examination fees;
(C) expense of transportation to a mental health
facility or to a federal agency not to exceed $50 if transporting
within the same county and not to exceed the reasonable cost of
transportation if transporting between counties;
(D) costs and salary supplements authorized
under Section 574.031, Health and Safety Code; and
(E) prosecutors' fees authorized under Section
574.031, Health and Safety Code;
(6) expenses of transporting certain patients from the
county of treatment to a hearing in the county in which the
proceedings originated (Sec. 574.008, Health and Safety Code)
. . . actual expenses unless certain arrangements are made to hold
the hearing in the county in which the patient is receiving
services;
(7) expenses for expert witness testimony for an
indigent patient (Sec. 574.010, Health and Safety Code) . . . if
authorized by the court as reimbursement to the attorney ad litem,
court-approved expenses;
(8) fee for judge's services for holding a hearing on
an application for court-ordered mental health services
(Sec. 574.031, Health and Safety Code) . . . as assessed by the
judge, not to exceed $50;
(9) expenses to reimburse judge for holding a hearing
in a hospital or location other than the county courthouse
(Sec. 574.031, Health and Safety Code) . . . reasonable and
necessary expenses as certified; and
(10) fee for services of a prosecuting attorney,
including costs incurred for preparation of documents related to a
hearing on an application for court-ordered mental health services
(Sec. 574.031, Health and Safety Code) . . . as assessed by the
judge, not to exceed $50.
SECTION 11.104. The heading to Section 101.0817, Government
Code, as effective April 1, 2011, is amended to read as follows:
Sec. 101.0817. STATUTORY COUNTY COURT FEES AND
COSTS: TRANSPORTATION CODE [UNDER OTHER LAWS].
SECTION 11.105. (a) Section 101.1011, Government Code, is
amended to read as follows:
Sec. 101.1011. STATUTORY PROBATE COURT FEES AND
COSTS: GOVERNMENT CODE. The clerk of a statutory probate court
shall collect fees and costs under the Government Code as follows:
(1) appellate judicial system filing fees:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District
(Sec. 22.2031, Government Code) . . . not more than $5;
(C) Third Court of Appeals District
(Sec. 22.2041, Government Code) . . . $5;
(D) Fourth Court of Appeals District
(Sec. 22.2051, Government Code) . . . not more than $5;
(E) Fifth Court of Appeals District
(Sec. 22.2061, Government Code) . . . not more than $5;
(E-1) Sixth Court of Appeals District (Sec.
22.2071, Government Code) . . . $5;
(E-2) Seventh Court of Appeals District (Sec.
22.2081, Government Code) . . . $5;
(F) Ninth Court of Appeals District
(Sec. 22.2101, Government Code) . . . $5;
(G) Eleventh Court of Appeals District
(Sec. 22.2121, Government Code) . . . $5;
(G-1) Twelfth Court of Appeals District (Sec.
22.2131, Government Code) . . . $5; and
(H) Thirteenth Court of Appeals District
(Sec. 22.2141, Government Code) . . . not more than $5;
(2) additional filing fees as follows:
(A) for certain cases to be used for
court-related purposes for support of the judiciary (Sec. 51.704,
Government Code) . . . $40;
(B) to fund the improvement of Dallas County
civil court facilities, if authorized by the county commissioners
court (Sec. 51.705, Government Code) . . . not more than $15;
(B-1) to fund the improvement of Bexar County
court facilities, if authorized by the county commissioners court
(Sec. 51.706, Government Code) . . . not more than $15; and
(C) to fund the improvement of Hays County court
facilities, if authorized by the county commissioners court
(Sec. 51.707, Government Code) . . . not more than $15;
(3) jury fee for civil case (Sec. 51.604, Government
Code) . . . $22;
(4) the expense of preserving the record as a court
cost, if imposed on a party by the referring court or associate
judge (Sec. 54.612, Government Code) . . . actual cost; and
(5) a fee not otherwise listed in this subchapter that
is required to be collected under Section 25.0029, Government Code
(Sec. 25.0029, Government Code) . . . as prescribed by law relating
to county judges' fees.
(b) Sections 101.10111, 101.10112, 101.10113, and
101.10114, Government Code, are repealed.
SECTION 11.106. Section 101.1012, Government Code, is
amended to conform to Chapter 334 (H.B. 890), Acts of the 81st
Legislature, Regular Session, 2009, to read as follows:
Sec. 101.1012. STATUTORY PROBATE COURT FEES AND COSTS:
HEALTH AND SAFETY CODE. The clerk of a statutory probate court
shall collect fees and costs under the Health and Safety Code as
follows:
(1) for filing an application for registration of
death (Sec. 193.007, Health and Safety Code) . . . $1;
(2) fee for judge's services on an application for
court-ordered mental health services (Sec. 574.031, Health and
Safety Code) . . . not to exceed $50;
(3) fee for prosecutor's services on an application
for court-ordered mental health services (Sec. 574.031, Health and
Safety Code) . . . not to exceed $50;
(4) for a hearing or proceeding under the Texas Mental
Health Code (Subtitle C, Title 7, Health and Safety Code) as costs
(Secs. 571.017 and 571.018, Health and Safety Code) . . .
reasonable compensation to the following persons appointed under
the Texas Mental Health Code:
(A) attorneys;
(B) physicians;
(C) language interpreters;
(D) sign interpreters; and
(E) associate judges [masters];
(5) for a hearing or proceeding under the Texas Mental
Health Code (Subtitle C, Title 7, Health and Safety Code) as costs
(Sec. 571.018, Health and Safety Code):
(A) attorney's fees;
(B) physician examination fees;
(C) expense of transportation to a mental health
facility or to a federal agency not to exceed $50 if transporting
within the same county and not to exceed the reasonable cost of
transportation if transporting between counties;
(D) costs and salary supplements authorized
under Section 574.031, Health and Safety Code; and
(E) prosecutors' fees authorized under Section
574.031, Health and Safety Code;
(6) expenses of transporting certain patients from the
county of treatment to a hearing in the county in which the
proceedings originated (Sec. 574.008, Health and Safety Code)
. . . actual expenses unless certain arrangements are made to hold
the hearing in the county in which the patient is receiving
services;
(7) expenses for expert witness testimony for an
indigent patient (Sec. 574.010, Health and Safety Code) . . . if
authorized by the court as reimbursement to the attorney ad litem,
court-approved expenses;
(8) fee for judge's services for holding a hearing on
an application for court-ordered mental health services
(Sec. 574.031, Health and Safety Code) . . . as assessed by the
judge, not to exceed $50;
(9) expenses to reimburse judge for holding a hearing
in a hospital or location other than the county courthouse
(Sec. 574.031, Health and Safety Code) . . . reasonable and
necessary expenses as certified; and
(10) fee for services of a prosecuting attorney,
including costs incurred for preparation of documents related to a
hearing on an application for court-ordered mental health services
(Sec. 574.031, Health and Safety Code) . . . as assessed by the
judge, not to exceed $50.
SECTION 11.107. (a) Section 101.1212, Government Code, is
amended to read as follows:
Sec. 101.1212. COUNTY COURT FEES AND COSTS: GOVERNMENT
CODE. The clerk of a county court shall collect the following fees
and costs under the Government Code:
(1) appellate judicial system filing fees:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District
(Sec. 22.2031, Government Code) . . . not more than $5;
(C) Third Court of Appeals District
(Sec. 22.2041, Government Code) . . . $5;
(D) Fourth Court of Appeals District
(Sec. 22.2051, Government Code) . . . not more than $5;
(E) Fifth Court of Appeals District
(Sec. 22.2061, Government Code) . . . not more than $5;
(E-1) Sixth Court of Appeals District
(Sec. 22.2071, Government Code) . . . $5;
(E-2) Seventh Court of Appeals District
(Sec. 22.2081, Government Code) . . . $5;
(F) Ninth Court of Appeals District
(Sec. 22.2101, Government Code) . . . $5;
(G) Eleventh Court of Appeals District
(Sec. 22.2121, Government Code) . . . $5;
(G-1) Twelfth Court of Appeals District
(Sec. 22.2131, Government Code) . . . $5; and
(H) Thirteenth Court of Appeals District
(Sec. 22.2141, Government Code) . . . not more than $5;
(2) a jury fee (Sec. 51.604, Government Code) . . .
$22; [and]
(3) a filing fee in each civil case filed to be used
for court-related purposes for the support of the judiciary
(Sec. 51.703, Government Code) . . . $40; and
(4) a filing fee to fund the preservation of court
records (Sec. 51.708, Government Code) . . . not more than $10.
(b) Sections 101.12121, 101.12122, 101.12123, and
101.12124, Government Code, are repealed.
SECTION 11.108. Section 101.1213, Government Code, is
amended to conform to Chapter 334 (H.B. 890), Acts of the 81st
Legislature, Regular Session, 2009, to read as follows:
Sec. 101.1213. COUNTY COURT FEES AND COSTS: HEALTH AND
SAFETY CODE. The clerk of a county court shall collect the
following fees and costs under the Health and Safety Code:
(1) for filing an application for registration of
death (Sec. 193.007, Health and Safety Code) . . . $1;
(2) fee for judge's services on an application for
court-ordered mental health services (Sec. 574.031, Health and
Safety Code) . . . not to exceed $50;
(3) fee for prosecutor's services on an application
for court-ordered mental health services (Sec. 574.031, Health and
Safety Code) . . . not to exceed $50;
(4) for a hearing or proceeding under the Texas Mental
Health Code (Subtitle C, Title 7, Health and Safety Code) as costs
(Secs. 571.017 and 571.018, Health and Safety Code) . . .
reasonable compensation to the following persons appointed under
the Texas Mental Health Code:
(A) attorneys;
(B) physicians;
(C) language interpreters;
(D) sign interpreters; and
(E) associate judges [masters];
(5) for a hearing or proceeding under the Texas Mental
Health Code (Subtitle C, Title 7, Health and Safety Code) as costs
(Sec. 571.018, Health and Safety Code):
(A) attorney's fees;
(B) physician examination fees;
(C) expense of transportation to a mental health
facility or to a federal agency not to exceed $50 if transporting
within the same county and not to exceed the reasonable cost of
transportation if transporting between counties;
(D) costs and salary supplements authorized
under Section 574.031, Health and Safety Code; and
(E) prosecutors' fees authorized under Section
574.031, Health and Safety Code;
(6) expenses of transporting certain patients from the
county of treatment to a hearing in the county in which the
proceedings originated (Sec. 574.008, Health and Safety Code)
. . . actual expenses unless certain arrangements are made to hold
the hearing in the county in which the patient is receiving
services;
(7) expenses for expert witness testimony for an
indigent patient (Sec. 574.010, Health and Safety Code) . . . if
authorized by the court as reimbursement to the attorney ad litem,
court-approved expenses;
(8) fee for judge's services for holding a hearing on
an application for court-ordered mental health services
(Sec. 574.031, Health and Safety Code) . . . as assessed by the
judge, not to exceed $50;
(9) expenses to reimburse judge for holding a hearing
in a hospital or location other than the county courthouse
(Sec. 574.031, Health and Safety Code) . . . reasonable and
necessary expenses as certified; and
(10) fee for services of a prosecuting attorney,
including costs incurred for preparation of documents related to a
hearing on an application for court-ordered mental health services
(Sec. 574.031, Health and Safety Code) . . . as assessed by the
judge, not to exceed $50.
SECTION 11.109. Subchapter G, Chapter 101, Government Code,
is amended by amending Section 101.1216 and adding Section 101.1217
to read as follows:
Sec. 101.1216. COUNTY COURT FEES AND COSTS: TRANSPORTATION
CODE [UNDER OTHER LAWS]. The clerk of a county court shall collect
a [the following fees and costs:
[(1)] fee of $10 under Section 112.059, Transportation
Code, for a county attorney in a suit regarding a railroad company's
failure to keep a roadbed and right-of-way in proper condition.
Sec. 101.1217. COUNTY COURT FEES AND COSTS UNDER OTHER
LAWS. The clerk of a county court shall collect an [(Art. 6327,
Vernon's Texas Civil Statutes) . . . $10; and
[(2)] appeal bond in the amount of $100 from a
petitioner or taxpayer in a water control and preservation district
under Article [(Art.] 7818, Vernon's Texas Civil Statutes[) . . .
$100].
SECTION 11.110. Section 102.021, Government Code, as
amended by Chapters 902 (H.B. 666) and 1209 (S.B. 727), Acts of the
81st Legislature, Regular Session, 2009, is reenacted to read as
follows:
Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
PROCEDURE. A person convicted of an offense shall pay the following
under the Code of Criminal Procedure, in addition to all other
costs:
(1) court cost on conviction of any offense, other
than a conviction of an offense relating to a pedestrian or the
parking of a motor vehicle (Art. 102.0045, Code of Criminal
Procedure) . . . $4;
(2) a fee for services of prosecutor (Art. 102.008,
Code of Criminal Procedure) . . . $25;
(3) fees for services of peace officer:
(A) issuing a written notice to appear in court
for certain violations (Art. 102.011, Code of Criminal Procedure)
. . . $5;
(B) executing or processing an issued arrest
warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal
Procedure) . . . $50;
(C) summoning a witness (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(D) serving a writ not otherwise listed
(Art. 102.011, Code of Criminal Procedure) . . . $35;
(E) taking and approving a bond and, if
necessary, returning the bond to courthouse (Art. 102.011, Code of
Criminal Procedure) . . . $10;
(F) commitment or release (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(G) summoning a jury (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(H) attendance of a prisoner in habeas corpus
case if prisoner has been remanded to custody or held to bail
(Art. 102.011, Code of Criminal Procedure) . . . $8 each day;
(I) mileage for certain services performed
(Art. 102.011, Code of Criminal Procedure) . . . $0.29 per mile;
and
(J) services of a sheriff or constable who serves
process and attends examining trial in certain cases (Art. 102.011,
Code of Criminal Procedure) . . . not to exceed $5;
(4) services of a peace officer in conveying a witness
outside the county (Art. 102.011, Code of Criminal Procedure) . . .
$10 per day or part of a day, plus actual necessary travel expenses;
(5) overtime of peace officer for time spent
testifying in the trial or traveling to or from testifying in the
trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
(6) court costs on an offense relating to rules of the
road, when offense occurs within a school crossing zone
(Art. 102.014, Code of Criminal Procedure) . . . $25;
(7) court costs on an offense of passing a school bus
(Art. 102.014, Code of Criminal Procedure) . . . $25;
(8) court costs on an offense of truancy or
contributing to truancy (Art. 102.014, Code of Criminal Procedure)
. . . $20;
(9) cost for visual recording of intoxication arrest
before conviction (Art. 102.018, Code of Criminal Procedure) . . .
$15;
(10) cost of certain evaluations (Art. 102.018, Code
of Criminal Procedure) . . . actual cost;
(11) additional costs attendant to certain
intoxication convictions under Chapter 49, Penal Code, for
emergency medical services, trauma facilities, and trauma care
systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
(12) additional costs attendant to certain child
sexual assault and related convictions, for child abuse prevention
programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
(13) court cost for DNA testing for certain felonies
(Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250;
(14) court cost for DNA testing for the offense of
public lewdness or indecent exposure (Art. 102.020(a)(2), Code of
Criminal Procedure) . . . $50;
(15) court cost for DNA testing for certain felonies
(Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34;
(16) if required by the court, a restitution fee for
costs incurred in collecting restitution installments and for the
compensation to victims of crime fund (Art. 42.037, Code of
Criminal Procedure) . . . $12;
(17) if directed by the justice of the peace or
municipal court judge hearing the case, court costs on conviction
in a criminal action (Art. 45.041, Code of Criminal Procedure)
. . . part or all of the costs as directed by the judge; and
(18) costs attendant to convictions under Chapter 49,
Penal Code, and under Chapter 481, Health and Safety Code, to help
fund drug court programs established under Chapter 469, Health and
Safety Code (Art. 102.0178, Code of Criminal Procedure) . . . $60.
SECTION 11.111. Section 102.061, Government Code, as
amended by Chapters 87 (S.B. 1969), 1172 (H.B. 3389), and 1183 (H.B.
3637), Acts of the 81st Legislature, Regular Session, 2009, is
reenacted and amended to read as follows:
Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN
STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of
a statutory county court shall collect fees and costs under the Code
of Criminal Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for services of the clerk of the court
(Art. 102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $25;
(4) a county and district court technology fee
(Art. 102.0169, Code of Criminal Procedure) . . . $4;
(5) a security fee on a misdemeanor offense
(Art. 102.017, Code of Criminal Procedure) . . . $3;
(6) a juvenile delinquency prevention and graffiti
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
$50; [and]
(7) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . not to exceed $5; and
(8) [(7)] a civil justice fee (Art. 102.022, Code of
Criminal Procedure) . . . $0.10.
SECTION 11.112. Section 102.081, Government Code, as
amended by Chapters 87 (S.B. 1969), 1172 (H.B. 3389), and 1183 (H.B.
3637), Acts of the 81st Legislature, Regular Session, 2009, is
reenacted and amended to read as follows:
Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN
COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county
court shall collect fees and costs under the Code of Criminal
Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for clerk of the court services
(Art. 102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $25;
(4) a county and district court technology fee
(Art. 102.0169, Code of Criminal Procedure) . . . $4;
(5) a security fee on a misdemeanor offense
(Art. 102.017, Code of Criminal Procedure) . . . $3;
(6) a juvenile delinquency prevention and graffiti
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
$50; [and]
(7) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . not to exceed $5; and
(8) [(7)] a civil justice fee (Art. 102.022, Code of
Criminal Procedure) . . . $0.10.
SECTION 11.113. Section 103.021, Government Code, is
amended to conform to Chapter 1276 (H.B. 1506), Acts of the 81st
Legislature, Regular Session, 2009, to read as follows:
Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant,
or a party to a civil suit, as applicable, shall pay the following
fees and costs under the Code of Criminal Procedure if ordered by
the court or otherwise required:
(1) a personal bond fee (Art. 17.42, Code of Criminal
Procedure) . . . the greater of $20 or three percent of the amount
of the bail fixed for the accused;
(2) cost of electronic monitoring as a condition of
release on personal bond (Art. 17.43, Code of Criminal Procedure)
. . . actual cost;
(3) a fee for verification of and monitoring of motor
vehicle ignition interlock (Art. 17.441, Code of Criminal
Procedure) . . . not to exceed $10;
(3-a) costs associated with operating a global
positioning monitoring system as a condition of release on bond
(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
subject to a determination of indigency;
(3-b) costs associated with providing a defendant's
victim with an electronic receptor device as a condition of the
defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
Procedure) . . . actual costs, subject to a determination of
indigency;
(4) repayment of reward paid by a crime stoppers
organization on conviction of a felony (Art. 37.073, Code of
Criminal Procedure) . . . amount ordered;
(5) reimbursement to general revenue fund for payments
made to victim of an offense as condition of community supervision
(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for
a misdemeanor offense or $100 for a felony offense;
(6) payment to a crime stoppers organization as
condition of community supervision (Art. 42.12, Code of Criminal
Procedure) . . . not to exceed $50;
(7) children's advocacy center fee (Art. 42.12, Code
of Criminal Procedure) . . . not to exceed $50;
(8) family violence center fee (Art. 42.12, Code of
Criminal Procedure) . . . $100;
(9) community supervision fee (Art. 42.12, Code of
Criminal Procedure) . . . not less than $25 or more than $60 per
month;
(10) additional community supervision fee for certain
offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per
month;
(11) for certain financially able sex offenders as a
condition of community supervision, the costs of treatment,
specialized supervision, or rehabilitation (Art. 42.12, Code of
Criminal Procedure) . . . all or part of the reasonable and
necessary costs of the treatment, supervision, or rehabilitation as
determined by the judge;
(12) fee for failure to appear for trial in a justice
or municipal court if a jury trial is not waived (Art. 45.026, Code
of Criminal Procedure) . . . costs incurred for impaneling the
jury;
(13) costs of certain testing, assessments, or
programs during a deferral period (Art. 45.051, Code of Criminal
Procedure) . . . amount ordered;
(14) special expense on dismissal of certain
misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
. . . not to exceed amount of fine assessed;
(15) an additional fee:
(A) for a copy of the defendant's driving record
to be requested from the Department of Public Safety by the judge
(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
to the sum of the fee established by Section 521.048,
Transportation Code, and the TexasOnline fee;
(B) as an administrative fee for requesting a
driving safety course or a course under the motorcycle operator
training and safety program for certain traffic offenses to cover
the cost of administering the article (Art. 45.0511(f)(1), Code of
Criminal Procedure) . . . not to exceed $10; or
(C) for requesting a driving safety course or a
course under the motorcycle operator training and safety program
before the final disposition of the case (Art. 45.0511(f)(2), Code
of Criminal Procedure) . . . not to exceed the maximum amount of the
fine for the offense committed by the defendant;
(16) a request fee for teen court program (Art.
45.052, Code of Criminal Procedure) . . . $20, if the court
ordering the fee is located in the Texas-Louisiana border region,
but otherwise not to exceed $10;
(17) a fee to cover costs of required duties of teen
court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
court ordering the fee is located in the Texas-Louisiana border
region, but otherwise $10;
(18) a mileage fee for officer performing certain
services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
mile;
(19) certified mailing of notice of hearing date (Art.
102.006, Code of Criminal Procedure) . . . $1, plus postage;
(20) certified mailing of certified copies of an order
of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
plus postage;
(20-a) a fee to defray the cost of notifying state
agencies of orders of expungement (Art. 45.0216, Code of Criminal
Procedure) . . . $30 per application;
(20-b) a fee to defray the cost of notifying state
agencies of orders of expunction (Art. 45.055, Code of Criminal
Procedure) . . . $30 per application;
(21) sight orders:
(A) if the face amount of the check or sight order
does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
. . . not to exceed $10;
(B) if the face amount of the check or sight order
is greater than $10 but does not exceed $100 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $15;
(C) if the face amount of the check or sight order
is greater than $100 but does not exceed $300 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $30;
(D) if the face amount of the check or sight order
is greater than $300 but does not exceed $500 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $50; and
(E) if the face amount of the check or sight order
is greater than $500 (Art. 102.007, Code of Criminal Procedure)
. . . not to exceed $75;
(22) fees for a pretrial intervention program:
(A) a supervision fee (Art. 102.012(a), Code of
Criminal Procedure) . . . $60 a month plus expenses; and
(B) a district attorney, criminal district
attorney, or county attorney administrative fee (Art. 102.0121,
Code of Criminal Procedure) . . . not to exceed $500;
(23) parking fee violations for child safety fund in
municipalities with populations:
(A) greater than 850,000 (Art. 102.014, Code of
Criminal Procedure) . . . not less than $2 and not to exceed $5; and
(B) less than 850,000 (Art. 102.014, Code of
Criminal Procedure) . . . not to exceed $5;
(24) an administrative fee for collection of fines,
fees, restitution, or other costs (Art. 102.072, Code of Criminal
Procedure) . . . not to exceed $2 for each transaction; and
(25) a collection fee, if authorized by the
commissioners court of a county or the governing body of a
municipality, for certain debts and accounts receivable, including
unpaid fines, fees, court costs, forfeited bonds, and restitution
ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
percent of an amount more than 60 days past due.
SECTION 11.114. Section 103.026, Government Code, is
amended to conform to Chapters 767 (S.B. 865) and 1035 (H.B. 4424),
Acts of the 81st Legislature, Regular Session, 2009, to read as
follows:
Sec. 103.026. MISCELLANEOUS FEES AND COSTS: FAMILY CODE.
Fees and costs shall be paid or collected under the Family Code as
follows:
(1) costs of determining and sending information
concerning the identity of the court with continuing, exclusive
jurisdiction if charged by the bureau of vital statistics (Sec.
108.006, Family Code) . . . reasonable fee;
(2) initial operations fee paid to the domestic
relations office on each filing of an original [a] suit affecting
the parent-child relationship, motion for modification, or motion
for enforcement, if authorized by the administering entity (Sec.
203.005, Family Code) . . . not to exceed $15;
(3) initial child support service fee paid to the
domestic relations office in certain counties on the filing of an
original [a] suit affecting the parent-child relationship, if
authorized by the administering entity (Sec. 203.005, Family Code)
. . . not to exceed $36;
(4) service fee for services of a domestic relations
office, if authorized by the administering entity (Sec. 203.005,
Family Code) . . . not to exceed $3 per month;
(5) fee to reimburse a domestic relations office for a
fee paid for filing an administrative writ of withholding (Secs.
158.503 and 203.005, Family Code) . . . the amount of the fee paid;
(6) fee from a Title IV-D agency for each item of
process to each individual on whom service is required, including
service by certified or registered mail (Sec. 231.202, Family Code)
. . . the amount that a sheriff or constable may charge for serving
process under Section 118.131, Local Government Code; and
(7) a fee for mailing an order vacating or staying an
order suspending a license to the appropriate licensing authority
(Sec. 232.013, Family Code) . . . $5 for each order mailed.
SECTION 11.115. Section 103.027, Government Code, is
amended to read as follows:
Sec. 103.027. MISCELLANEOUS FEES AND COSTS: GOVERNMENT
CODE. Fees and costs shall be paid or collected under the
Government Code as follows:
(1) filing a certified copy of a judicial finding of
fact and conclusion of law if charged by the secretary of state
(Sec. 51.905, Government Code) . . . $15;
(2) cost paid by each surety posting the bail bond for
an offense other than a misdemeanor punishable by fine only under
Chapter 17, Code of Criminal Procedure, for the assistant
prosecutor supplement fund and the fair defense account
(Sec. 41.258, Government Code) . . . $15, provided the cost does
not exceed $30 for all bail bonds posted at that time for an
individual and the cost is not required on the posting of a personal
or cash bond;
(3) to participate in a court proceeding in this
state, a nonresident attorney fee [for civil legal services to the
indigent] (Sec. 82.0361, Government Code) . . . $250 except as
waived or reduced under supreme court rules for representing an
indigent person;
(4) on a party's appeal of a final decision in a
contested case, the cost of preparing the original or a certified
copy of the record of the agency proceeding, if required by the
agency's rule, as a court cost (Sec. 2001.177, Government Code)
. . . as assessed by the court, all or part of the cost of
preparation;
(5) compensation to a referee in juvenile court in
Wichita County taxed as costs if the judge determines the parties
are able to pay the costs (Sec. 54.403, Government Code) . . . as
determined by the judge; and
(6) the expense of preserving the record as a court
cost in Brazos County if imposed on a party by the referring court
or magistrate (Sec. 54.1111, Government Code) . . . actual cost.
SECTION 11.116. Section 103.029, Government Code, is
amended to conform to Chapter 840 (S.B. 1940), Acts of the 81st
Legislature, Regular Session, 2009, to read as follows:
Sec. 103.029. MISCELLANEOUS FEES AND COSTS: HEALTH AND
SAFETY CODE. Fees and costs shall be paid or collected under the
Health and Safety Code as follows:
(1) a program fee for a drug court program established
under Section 469.002, Health and Safety Code (Sec. 469.004, Health
and Safety Code) . . . not to exceed $1,000; [and]
(2) an alcohol or controlled substance testing,
counseling, and treatment fee (Sec. 469.004, Health and Safety
Code) . . . the amount necessary to cover the costs of testing,
counseling, and treatment;
(3) a reasonable program fee for a veterans court
program (Sec. 617.006, Health and Safety Code) . . . not to exceed
$1,000; and
(4) a testing, counseling, and treatment fee for
testing, counseling, or treatment performed or provided under a
veterans court program (Sec. 617.006, Health and Safety Code) . . .
the amount necessary to cover the costs of testing, counseling, or
treatment.
SECTION 11.117. Section 103.030, Government Code, is
amended to read as follows:
Sec. 103.030. MISCELLANEOUS FEES AND COSTS: LOCAL
GOVERNMENT CODE. Fees and costs shall be paid or collected under
the Local Government Code as follows:
(1) services by the offices of the sheriff and
constables (Sec. 118.131, Local Government Code) . . . amount set
by county commissioners court;
(2) a filing fee or recording fee for each page of a
legal paper presented for filing or recording that fails to meet
certain requirements regarding paper size, weight, substance,
headings, legibility, the presence of typed or printed names under
each signature, and number and size of riders or attachments
(Sec. 191.007, Local Government Code) . . . twice the regular
filing fee or recording fee provided by statute for that page,
rider, or attachment;
(3) a processing fee as authorized by the
commissioners court for the payment by credit card of a fee, court
cost, or other charge processed by a county or precinct officer
(Secs. 132.002 and 132.003, Local Government Code) . . . an amount
reasonably related to the expense incurred by the county or
precinct officer but not to exceed five percent of the amount of the
fee, court cost, or other charge being paid;
(4) a processing fee as authorized by the governing
body of the municipality for the payment by credit card of a fee,
court cost, or other charge processed by a municipal official
(Secs. 132.002 and 132.003, Local Government Code) . . . an amount
reasonably related to the expense incurred by the municipal
official but not to exceed five percent of the amount of the fee,
court cost, or other charge being paid;
(5) a handling fee, if authorized by the commissioners
court under Section 132.002, Local Government Code, for
electronically processing the payment of a fee, fine, court cost,
or other charge (Secs. 132.002 and 132.003, Local Government Code):
(A) charged at a flat rate that does not exceed $5
for each payment transaction; or
(B) charged at a rate reasonably related to the
expense incurred in processing a payment and that does not exceed
five percent of the amount of the fee, court cost, or other charge
being paid; and
(6) a fee, if authorized by the commissioners court,
collected by a county or precinct officer on behalf of the county
from a person making payment by credit card of a fee, court cost, or
other charge (Sec. 132.003, Local Government Code) . . . an amount
equal to the amount of any transaction fee charged to the county by
a vendor providing services in connection with payments made by
credit card.
ARTICLE 12. CHANGES RELATING TO HEALTH AND SAFETY CODE
SECTION 12.001. Section 146.009, Health and Safety Code, is
repealed to conform to the repeal of Section 146.009, Health and
Safety Code, by Chapter 1528 (S.B. 932), Acts of the 76th
Legislature, Regular Session, 1999.
SECTION 12.002. Section 251.012, Health and Safety Code, as
amended by Chapters 839 (S.B. 1932) and 1280 (H.B. 1831), Acts of
the 81st Legislature, Regular Session, 2009, is reenacted to read
as follows:
Sec. 251.012. EXEMPTIONS FROM LICENSING REQUIREMENT. The
following facilities are not required to be licensed under this
chapter:
(1) a home and community support services agency
licensed under Chapter 142 with a home dialysis designation;
(2) a hospital licensed under Chapter 241 that
provides dialysis only to:
(A) individuals receiving inpatient services
from the hospital; or
(B) individuals receiving outpatient services
due to a disaster declared by the governor or a federal disaster
declared by the president of the United States occurring in this
state or another state during the term of the disaster declaration;
or
(3) the office of a physician unless the office is used
primarily as an end stage renal disease facility.
SECTION 12.003. Sections 314.003(a) and (d), Health and
Safety Code, are amended to conform to Section 17.01(25), Chapter
76 (S.B. 959), Acts of the 74th Legislature, Regular Session, 1995,
to read as follows:
(a) The attorney general, at any time after an application
is filed under Section 314.002(b) [313.002(b)], may require by
civil investigative demand the attendance and testimony of
witnesses and the production of documents in Travis County or the
county in which the applicants are located for the purpose of
investigating whether the cooperative agreement satisfies the
standards set forth in Section 314.002 [313.002]. All nonpublic
documents produced and testimony given to the attorney general are
subject to the prohibitions on disclosure and use of Section
15.10(i), Business & Commerce Code. The attorney general may seek
an order from the district court compelling compliance with a civil
investigative demand issued under this section.
(d) In any action brought under Subsection (b), the
applicants for a certificate bear the burden of establishing by
clear and convincing evidence that in accordance with Sections
314.002(e) [313.002(e)] and (f), the likely benefits resulting from
the cooperative agreement outweigh any disadvantages attributable
to a reduction in competition that may result from the agreement.
In assessing disadvantages attributable to a reduction in
competition likely to result from the agreement, the court may draw
upon the determinations of federal and Texas courts concerning
unreasonable restraint of trade under 15 U.S.C. Sections 1 and 2,
and Chapter 15, Business & Commerce Code.
SECTION 12.004. Section 382.209(c), Health and Safety Code,
is amended to correct references to read as follows:
(c) The rules adopted under Subsection (a) must provide
procedures for ensuring that a program implemented under authority
of that subsection does not apply to a vehicle that is:
(1) registered under Section 504.501 or 504.502
[502.274 or 502.275], Transportation Code; and
(2) not regularly used for transportation during the
normal course of daily activities.
SECTION 12.005. Section 382.213(c), Health and Safety Code,
is amended to correct references to read as follows:
(c) A vehicle identified by a local advisory panel as an
existing or future collectible vehicle under Section 382.211 may be
sold to an individual if the vehicle:
(1) is repaired and brought into compliance;
(2) is removed from the state;
(3) is removed from an affected county; or
(4) is stored for future restoration and cannot be
registered in an affected county except under Section 504.501 or
504.502 [502.274 or 502.275], Transportation Code.
SECTION 12.006. Section 386.252(a), Health and Safety Code,
as amended by Chapters 1125 (H.B. 1796) and 1232 (S.B. 1759), Acts
of the 81st Legislature, Regular Session, 2009, is reenacted and
amended to read as follows:
(a) Money in the fund may be used only to implement and
administer programs established under the plan and shall be
allocated as follows:
(1) for the diesel emissions reduction incentive
program, 87.5 percent of the money in the fund, of which:
(A) not more than four percent may be used for the
clean school bus program;
(B) not more than 10 percent may be used for
on-road diesel purchase or lease incentives; [and]
(C) a specified amount may be used for the new
technology implementation grant program, from which a defined
amount may be set aside for electricity storage projects related to
renewable energy; and
(D) five percent shall be used for the clean
fleet program;
(2) for the new technology research and development
program, nine percent of the money in the fund, of which:
(A) up to $200,000 is allocated for a health
effects study;
(B) $500,000 is to be deposited in the state
treasury to the credit of the clean air account created under
Section 382.0622 to supplement funding for air quality planning
activities in affected counties;
(C) not less than 20 percent is to be allocated
each year to support research related to air quality as provided by
Section 387.010; and
(D) the balance is allocated each year to the
commission to be used to:
(i) implement and administer the new
technology research and development program for the purpose of
identifying, testing, and evaluating new emissions-reducing
technologies with potential for commercialization in this state and
to facilitate their certification or verification; and
(ii) contract with the Energy Systems
Laboratory at the Texas Engineering Experiment Station for $216,000
annually for the development and annual computation of creditable
statewide emissions reductions obtained through wind and other
renewable energy resources for the state implementation plan; and
(3) two percent is allocated to the commission and 1.5
percent is allocated to the laboratory for administrative costs
incurred by the commission and the laboratory.
SECTION 12.007. Section 481.074(o), Health and Safety Code,
as amended by Chapters 349 (S.B. 1188) and 1345 (S.B. 410), Acts of
the 79th Legislature, Regular Session, 2005, is reenacted to read
as follows:
(o) A pharmacist may dispense a Schedule II controlled
substance pursuant to a facsimile copy of an official prescription
completed in the manner required by Section 481.075 and transmitted
by the practitioner or the practitioner's agent to the pharmacy if:
(1) the prescription is written for:
(A) a Schedule II narcotic or nonnarcotic
substance for a patient in a long-term care facility (LTCF), and the
practitioner notes on the prescription "LTCF patient";
(B) a Schedule II narcotic product to be
compounded for the direct administration to a patient by
parenteral, intravenous, intramuscular, subcutaneous, or
intraspinal infusion; or
(C) a Schedule II narcotic substance for a
patient with a medical diagnosis documenting a terminal illness or
a patient enrolled in a hospice care program certified or paid for
by Medicare under Title XVIII, Social Security Act (42 U.S.C.
Section 1395 et seq.), as amended, by Medicaid, or by a hospice
program that is licensed under Chapter 142, and the practitioner or
the practitioner's agent notes on the prescription "terminally ill"
or "hospice patient"; and
(2) after transmitting the prescription, the
prescribing practitioner or the practitioner's agent:
(A) writes across the face of the official
prescription "VOID--sent by fax to (name and telephone number of
receiving pharmacy)"; and
(B) files the official prescription in the
patient's medical records instead of delivering it to the patient.
SECTION 12.008. Section 711.0515, Health and Safety Code,
as added by Chapters 263 (H.B. 1468) and 914 (H.B. 2927), Acts of
the 81st Legislature, Regular Session, 2009, is reenacted to read
as follows:
Sec. 711.0515. ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTIVE
RELIEF. In addition to bringing an action under Section 711.051,
the attorney general at the request of the Texas Funeral Service
Commission may bring an action for injunctive relief to enforce
this chapter or a rule or order adopted by the commission under this
chapter.
ARTICLE 13. CHANGES RELATING TO HUMAN RESOURCES CODE
SECTION 13.001. Section 48.401, Human Resources Code, as
amended by Chapters 284 (S.B. 643) and 763 (S.B. 806), Acts of the
81st Legislature, Regular Session, 2009, is reenacted and amended
to read as follows:
Sec. 48.401. DEFINITIONS. In this subchapter:
(1) "Agency" means:
(A) an entity licensed under Chapter 142, Health
and Safety Code;
(B) a person exempt from licensing under Section
142.003(a)(19), Health and Safety Code;
(C) a facility licensed under Chapter 252, Health
and Safety Code; or
(D) an entity investigated by the department
under Subchapter F or under Section 261.404, Family Code.
(2) "Commissioner" means the commissioner of the
Department of Family and Protective Services.
(3) "Employee" means a person who:
(A) works for an agency;
(B) provides personal care services, active
treatment, or any other personal services to an individual
receiving agency services or to an individual who is a child for
whom an investigation is authorized under Section 261.404, Family
Code; and
(C) is not licensed by the state to perform the
services the person performs for the agency.
(4) "Employee misconduct registry" means the employee
misconduct registry established under Chapter 253, Health and
Safety Code.
(5) "Reportable conduct" includes:
(A) abuse or neglect that causes or may cause
death or harm to an individual receiving agency services;
(B) sexual abuse of an individual receiving
agency services;
(C) financial exploitation of an individual
receiving agency services in an amount of $25 or more; and
(D) emotional, verbal, or psychological abuse
that causes harm to an individual receiving agency services.
ARTICLE 14. CHANGES RELATING TO INSURANCE CODE
SECTION 14.001. Section 1506.155(a-1), Insurance Code, as
amended by Chapters 533 (S.B. 1403) and 550 (S.B. 1771), Acts of the
81st Legislature, Regular Session, 2009, is reenacted to read as
follows:
(a-1) Except as provided by Section 1506.056, pool coverage
for an individual eligible pursuant to Section 1506.153(b) or (c)
excludes charges or expenses incurred before the first anniversary
of the effective date of coverage with regard to any condition for
which:
(1) the existence of symptoms would cause an
ordinarily prudent person to seek diagnosis, care, or treatment
within the six-month period preceding the effective date of
coverage; or
(2) medical advice, care, or treatment was recommended
or received during the six-month period preceding the effective
date of coverage.
SECTION 14.002. Section 1601.101(c), Insurance Code, is
amended to more closely conform to the source law from which the
section was derived to read as follows:
(c) An individual is eligible to participate in the uniform
program as provided by Subsection (a) if the individual:
(1) receives compensation for services performed for
the system;
(2) is employed at least 20 hours a week [only]; and
(3) is not permitted to be a member of the Teacher
Retirement System of Texas because the individual is solely
employed by the system in a position that as a condition of
employment requires the individual to be enrolled as a student in
the system in graduate-level courses.
ARTICLE 15. CHANGES RELATING TO LABOR CODE
SECTION 15.001. Section 407A.357(b), Labor Code, as amended
by Chapter 265 (H.B. 7), Acts of the 79th Legislature, Regular
Session, 2005, is repealed to conform to the repeal of Section
407A.357, Labor Code, by Chapter 1055 (H.B. 1353), Acts of the 79th
Legislature, Regular Session, 2005.
ARTICLE 16. CHANGES RELATING TO LOCAL GOVERNMENT CODE
SECTION 16.001. The heading to Section 84.008, Local
Government Code, is amended to conform to Chapter 541 (H.B. 2083),
Acts of the 75th Legislature, Regular Session, 1997, to read as
follows:
Sec. 84.008. JOINT EMPLOYMENT OF COUNTY AUDITOR [IN
COUNTIES WITH POPULATION OF LESS THAN 25,000].
SECTION 16.002. Section 146.003(d), Local Government Code,
is amended to correct a typographical error to read as follows:
(d) This chapter does not authorize an agreement regarding
pension or pension-related matters governed by Chapter 358, Acts of
the 48th Legislature, Regular Session, 1943 (Article 6243g,
Vernon's Texas Civil Statutes [Statues]), or a successor statute.
SECTION 16.003. Section 155.021, Local Government Code, is
amended to correct a reference to read as follows:
Sec. 155.021. DEDUCTIONS ENUMERATED. The county treasurer
or, if another officer is specified by law, that other officer shall
make the deductions from, or take other similar actions with regard
to, the compensation of county employees as required:
(1) for employee contributions for coverage under the
federal social security program in accordance with Chapter 606,
Government Code;
(2) for the purchase of annuities or for contributions
to investments for employees in accordance with Chapter 22, Acts of
the 57th Legislature, 3rd Called Session, 1962 (Article 6228a-5,
Vernon's Texas Civil Statutes);
(3) for the purchase of United States savings bonds
for employees in accordance with Chapter 608 [606], Government
Code;
(4) for employee participation in a deferred
compensation plan in accordance with Chapter 609, Government Code;
or
(5) for employee contributions to a retirement system
in accordance with Section 845.403, Government Code.
SECTION 16.004. Sections 214.003(b) and (d), Local
Government Code, are amended to correct references to read as
follows:
(b) Except as provided by Subsection (c), the court may
appoint as a receiver for the property a nonprofit organization
with a demonstrated record of rehabilitating properties if the
court finds that:
(1) the structures on the property are in violation of
the standards set forth in Section 214.001(b) and an ordinance
described by Subsection (a);
(2) notice of violation was given to the record owner
of the property; and
(3) a public hearing as required by Section 214.001(b)
[214.001(d)] has been conducted.
(d) For the purposes of this section, if the record owner
does not appear at the hearing required by Section 214.001(b)
[214.001(d)], the hearing shall be conducted as if the owner had
personally appeared.
SECTION 16.005. Section 271.182, Local Government Code, as
amended by Chapters 135 (S.B. 1047) and 725 (S.B. 229), Acts of the
81st Legislature, Regular Session, 2009, is reenacted and amended
to read as follows:
Sec. 271.182. APPLICABILITY. (a) This subchapter applies
to a local governmental entity with a population of more than
100,000 within its geographic boundaries or service area.
(b) [(c)] This subchapter applies to a municipally owned
combined electric, water, and wastewater utility situated in an
economically distressed area and located within 30 miles of the
Lower Texas Gulf Coast. For this subchapter, "combined" means that
the utilities are managed and controlled by one board whose members
are appointed by the governing body of the municipality and that the
financing of capital improvements is secured from the revenues of
all three utilities.
SECTION 16.006. Section 552.053(e), Local Government Code,
as added by Chapters 278 (S.B. 874) and 539 (S.B. 1522), Acts of the
81st Legislature, Regular Session, 2009, is reenacted and amended
to read as follows:
(e) The following property is exempt from drainage charges
under Section 552.047 and all ordinances, resolutions, and rules
adopted under this subchapter:
(1) property owned by a county in which a municipality
described by Section 552.044(8)(A) is located; and
(2) property owned by a school district located wholly
or partly in a municipality described by Section 552.044(8)(A).
ARTICLE 17. CHANGES RELATING TO NATURAL RESOURCES CODE
SECTION 17.001. Section 40.251(g), Natural Resources Code,
is amended to conform to the repeal of Section 40.053, Natural
Resources Code, by Chapter 146 (S.B. 619), Acts of the 78th
Legislature, Regular Session, 2003, to read as follows:
(g) It is a defense to prosecution for a criminal offense
under Subchapter C, D, or E of this chapter that the conduct
complained of was committed pursuant to response or cleanup
operations and was authorized by the national contingency plan [or
the state coastal discharge contingency plan], by a discharge
response plan required under this chapter, or by an authorized
federal or state official.
SECTION 17.002. Section 81.01015, Natural Resources Code,
as effective April 1, 2011, is repealed to conform to Section 4(38),
Chapter 614 (H.B. 874), Acts of the 81st Legislature, Regular
Session, 2009.
SECTION 17.003. Section 117.012(n), Natural Resources
Code, is amended to correct a reference to read as follows:
(n) In this subsection, "telecommunications service" and
"information service" have the meanings assigned by 47 U.S.C.
Section 153. Notwithstanding Subsection (a), this title does not
grant the commission jurisdiction or right-of-way management
authority over a provider of telecommunications service or
information service. A provider of telecommunications service or
information service shall comply with all applicable safety
standards, including those provided by Subchapter H [G], Chapter
756, Health and Safety Code.
ARTICLE 18. CHANGES RELATING TO OCCUPATIONS CODE
SECTION 18.001. Section 303.005(h), Occupations Code, as
amended by Section 18 and repealed by Section 21(6), Chapter 803
(S.B. 993), Acts of the 80th Legislature, Regular Session, 2007, is
reenacted to read as follows:
(h) A person may not suspend or terminate the employment of,
or otherwise discipline or discriminate against, a nurse who in
good faith requests a peer review determination under this section
or a person who advises a nurse of the nurse's right to request a
determination or of the procedures for requesting a determination.
A violation of this subsection is subject to Section 301.413.
SECTION 18.002. Section 1301.002(5), Occupations Code, as
amended by Chapters 804 (S.B. 1410) and 1380 (S.B. 1354), Acts of
the 81st Legislature, Regular Session, 2009, is reenacted to read
as follows:
(5) "Master plumber" means a person licensed under
this chapter who:
(A) is skilled in the design, planning, and
superintending of plumbing and in the practical installation,
repair, and servicing of plumbing;
(B) has worked as a journeyman plumber:
(i) for at least four years; or
(ii) for at least one year and has
successfully completed a training program approved by the United
States Department of Labor Office of Apprenticeship or another
nationally recognized apprentice training program accepted by the
board;
(C) performs or supervises plumbing work;
(D) has passed the required examination; and
(E) has fulfilled the other requirements of the
board.
SECTION 18.003. Section 1301.002(10), Occupations Code, as
amended by Chapters 804 (S.B. 1410) and 1380 (S.B. 1354), Acts of
the 81st Legislature, Regular Session, 2009, is reenacted and
amended to read as follows:
(10) "Tradesman plumber-limited license holder" means
a person who:
(A) has completed at least 4,000 hours working
under the direct supervision of a journeyman or master plumber as a
plumber's apprentice;
(B) has passed the required examination; [and]
(C) constructs and installs plumbing for
one-family or two-family dwellings under the supervision of a
responsible master plumber; and
(D) has fulfilled the other requirements of the
board.
SECTION 18.004. Section 1802.253(a), Occupations Code, as
amended by Chapters 816 (S.B. 279) and 1215 (S.B. 1147), Acts of the
78th Legislature, Regular Session, 2003, is reenacted to read as
follows:
(a) Before denying an application for a license, the
commission shall:
(1) set the matter for a hearing to be conducted by the
State Office of Administrative Hearings; and
(2) before the hearing date, notify the applicant in
writing of:
(A) the charges alleged or the question to be
determined at the hearing; and
(B) the date and location of the hearing.
SECTION 18.005. Section 2308.256(a), Occupations Code, as
amended by Chapter 1310 (H.B. 2571), Acts of the 81st Legislature,
Regular Session, 2009, is repealed to conform to the repeal of
Section 2308.256, Occupations Code, by Chapter 757 (S.B. 702), Acts
of the 81st Legislature, Regular Session, 2009.
SECTION 18.006. Section 2308.453, Occupations Code, as
amended by Chapters 845 (S.B. 2153) and 1310 (H.B. 2571), Acts of
the 81st Legislature, Regular Session, 2009, is reenacted to read
as follows:
Sec. 2308.453. JURISDICTION. A hearing under this chapter
shall be in the justice court having jurisdiction in:
(1) the precinct from which the motor vehicle was
towed; or
(2) for booted vehicles, the precinct in which the
parking facility is located.
SECTION 18.007. Section 2308.455, Occupations Code, as
amended by Chapters 845 (S.B. 2153) and 1310 (H.B. 2571), Acts of
the 81st Legislature, Regular Session, 2009, is reenacted to read
as follows:
Sec. 2308.455. CONTENTS OF NOTICE. The notice under
Section 2308.454 must include:
(1) a statement of:
(A) the person's right to submit a request within
14 days for a court hearing to determine whether probable cause
existed to remove, or install a boot on, the vehicle;
(B) the information that a request for a hearing
must contain; and
(C) any filing fee for the hearing;
(2) the name, address, and telephone number of the
towing company that removed the vehicle or the booting company that
booted the vehicle;
(3) the name, address, and telephone number of the
vehicle storage facility in which the vehicle was placed;
(4) the name, street address including city, state,
and zip code, and telephone number of the person, parking facility
owner, or law enforcement agency that authorized the removal of the
vehicle; and
(5) the name, address, and telephone number of the
justice court having jurisdiction in the precinct in which the
parking facility is located.
SECTION 18.008. Section 2308.456(a), Occupations Code, as
amended by Chapters 845 (S.B. 2153) and 1310 (H.B. 2571), Acts of
the 81st Legislature, Regular Session, 2009, is reenacted to read
as follows:
(a) Except as provided by Subsections (c) and (c-1), a
person entitled to a hearing under this chapter must deliver a
written request for the hearing to the court before the 14th day
after the date the vehicle was removed and placed in the vehicle
storage facility or booted, excluding Saturdays, Sundays, and legal
holidays.
ARTICLE 19. CHANGES RELATING TO PARKS AND WILDLIFE CODE
SECTION 19.001. Section 12.302, Parks and Wildlife Code, is
amended to correct a reference to read as follows:
Sec. 12.302. VALUE OF FISH, SHELLFISH, REPTILE, AMPHIBIAN,
BIRD, OR ANIMAL. For purposes of this subchapter and for
determining damages under Section 7.109 [Subsection (b), Section
26.124], Water Code, the commission shall adopt rules to establish
guidelines for determining the value of injured or destroyed fish,
shellfish, reptiles, amphibians, birds, and animals.
SECTION 19.002. Sections 62.013(b) and (c), Parks and
Wildlife Code, as amended by Chapters 989 (H.B. 1959) and 1156 (H.B.
3144), Acts of the 79th Legislature, Regular Session, 2005, are
reenacted to read as follows:
(b) A person who violates Section 62.003, 62.004, 62.005,
62.0065, 62.011(c), or 350.001 or a rule adopted under Section
62.0065 commits an offense that is a Class A Parks and Wildlife Code
misdemeanor, unless it is shown at the trial of the defendant for a
violation of that section or rule, as appropriate, that the
defendant has been convicted one or more times before the trial date
of a violation of that section or rule, as appropriate, in which
case the offense is a Parks and Wildlife Code state jail felony.
(c) In addition to the punishments provided in Subsections
(a) and (b), a person who violates Section 62.003, 62.004, 62.005,
62.0065, 62.011(c), or 350.001 or a rule adopted under Section
62.0065 is punishable by the revocation or suspension under Section
12.5015 of hunting and fishing licenses and permits.
ARTICLE 20. CHANGES RELATING TO PENAL CODE
SECTION 20.001. Section 30.05(h), Penal Code, is amended to
correct references to read as follows:
(h) At the punishment stage of a trial in which the attorney
representing the state seeks the increase in punishment provided by
Subsection (d)(3)(A)(iii) [(d)(1)(C)], the defendant may raise the
issue as to whether the defendant entered or remained on or in a
critical infrastructure facility as part of a peaceful or lawful
assembly, including an attempt to exercise rights guaranteed by
state or federal labor laws. If the defendant proves the issue in
the affirmative by a preponderance of the evidence, the increase in
punishment provided by Subsection (d)(3)(A)(iii) [(d)(1)(C)] does
not apply.
SECTION 20.002. Section 46.11(c)(1), Penal Code, is amended
to read as follows:
(1) "Premises" has the meaning ["Institution of higher
education" and "premises" have the meanings] assigned by Section
481.134, Health and Safety Code.
SECTION 20.003. Section 71.02(a), Penal Code, as amended by
Chapters 153 (S.B. 2225), 1130 (H.B. 2086), and 1357 (S.B. 554),
Acts of the 81st Legislature, Regular Session, 2009, is reenacted
and amended to read as follows:
(a) A person commits an offense if, with the intent to
establish, maintain, or participate in a combination or in the
profits of a combination or as a member of a criminal street gang,
the person commits or conspires to commit one or more of the
following:
(1) murder, capital murder, arson, aggravated
robbery, robbery, burglary, theft, aggravated kidnapping,
kidnapping, aggravated assault, aggravated sexual assault, sexual
assault, forgery, deadly conduct, assault punishable as a Class A
misdemeanor, burglary of a motor vehicle, or unauthorized use of a
motor vehicle;
(2) any gambling offense punishable as a Class A
misdemeanor;
(3) promotion of prostitution, aggravated promotion
of prostitution, or compelling prostitution;
(4) unlawful manufacture, transportation, repair, or
sale of firearms or prohibited weapons;
(5) unlawful manufacture, delivery, dispensation, or
distribution of a controlled substance or dangerous drug, or
unlawful possession of a controlled substance or dangerous drug
through forgery, fraud, misrepresentation, or deception;
(6) any unlawful wholesale promotion or possession of
any obscene material or obscene device with the intent to wholesale
promote the same;
(7) any offense under Subchapter B, Chapter 43,
depicting or involving conduct by or directed toward a child
younger than 18 years of age;
(8) any felony offense under Chapter 32;
(9) any offense under Chapter 36;
(10) any offense under Chapter 34 or 35;
(11) any offense under Section 37.11(a);
(12) any offense under Chapter 20A;
(13) any offense under Section 37.10; [or]
(14) any offense under Section 38.06, 38.07, 38.09, or
38.11;
(15) [(14)] any offense under Section 42.10; or
(16) [(14)] any offense under Section 46.06(a)(1) or
46.14.
ARTICLE 21. CHANGES RELATING TO PROPERTY CODE
SECTION 21.001. Sections 92.009(a) and (j), Property Code,
are amended to conform to the amendments made by Section 1, Chapter
869 (S.B. 1334), Acts of the 74th Legislature, Regular Session,
1995, to read as follows:
(a) If a landlord has locked a tenant out of leased premises
in violation of Section 92.0081 [92.008], the tenant may recover
possession of the premises as provided by this section.
(j) This section does not affect a tenant's right to pursue
a separate cause of action under Section 92.0081 [92.008].
SECTION 21.002. Sections 116.005(d) and (e), Property Code,
are amended to conform to the amendments made by Section 25, Chapter
148 (H.B. 1190), Acts of the 79th Legislature, Regular Session,
2005, to read as follows:
(d) If Subsection (c)(4), (5) [(c)(5)], (6), or (7)[, or
(8)] applies to a trustee and there is more than one trustee, a
cotrustee to whom the provision does not apply may make the
adjustment unless the exercise of the power by the remaining
trustee or trustees is not permitted by the terms of the trust.
(e) A trustee may release the entire power conferred by
Subsection (a) or may release only the power to adjust from income
to principal or the power to adjust from principal to income if the
trustee is uncertain about whether possessing or exercising the
power will cause a result described in Subsections (c)(1)-(5)
[Subsection (c)(1)-(6)] or Subsection (c)(7) [(c)(8)] or if the
trustee determines that possessing or exercising the power will or
may deprive the trust of a tax benefit or impose a tax burden not
described in Subsection (c). The release may be permanent or for a
specified period, including a period measured by the life of an
individual.
SECTION 21.003. Section 123.005, Property Code, as amended
by Chapters 133 (S.B. 918) and 1351 (S.B. 408), Acts of the 81st
Legislature, Regular Session, 2009, is reenacted and amended to
read as follows:
Sec. 123.005. BREACH OF FIDUCIARY DUTY: VENUE. Venue in a
proceeding brought by the attorney general alleging breach of a
fiduciary duty by a charitable entity or a fiduciary or managerial
agent of a charitable trust shall be a court of competent
jurisdiction in Travis County or in the county where the defendant
resides or has its principal office. To the extent of a conflict
between this section [subsection] and any provision of the Texas
Probate Code providing for venue of a proceeding brought with
respect to a charitable trust created by a will that has been
admitted to probate, this section [subsection] controls.
ARTICLE 22. CHANGES RELATING TO SPECIAL DISTRICT LOCAL LAWS CODE
SECTION 22.001. Section 1016.053, Special District Local
Laws Code, is amended to more closely reflect the source law from
which that section was derived and to conform to Election Code
requirements to read as follows:
Sec. 1016.053. BALLOT PETITION. A person who wants to have
the person's name printed on the ballot as a candidate for director
must file with the board secretary a petition requesting that
action. The petition must be:
(1) signed by at least 10 registered taxpaying voters;
and
(2) filed by the deadline imposed by Section 144.005,
Election Code [at least 25 days before the date of the election].
SECTION 22.002. (a) Subchapter B, Chapter 1056, Special
District Local Laws Code, as effective April 1, 2011, is amended to
conform to Section 1, Chapter 1410 (H.B. 4730), Acts of the 81st
Legislature, Regular Session, 2009, by adding Section 1056.0515 to
read as follows:
Sec. 1056.0515. QUALIFICATIONS FOR OFFICE. (a) To be
qualified to serve as a manager, a person must be:
(1) a resident of the district; and
(2) a registered voter.
(b) A district employee may not serve as a manager.
(b) Section 1056.054, Special District Local Laws Code, as
effective April 1, 2011, is amended to conform to Section 1, Chapter
1410 (H.B. 4730), Acts of the 81st Legislature, Regular Session,
2009, to read as follows:
Sec. 1056.054. OFFICERS. (a) The board shall select from
among the managers a chair and a vice chair [presiding officer, who
shall preside over the board].
(b) The board shall appoint a secretary, who need not be a
manager [A presiding officer pro tem shall preside in the absence of
the presiding officer].
(c) Each officer of the board serves a one-year term [The
district administrator or any manager may be appointed secretary].
(d) The board shall fill a vacancy in a board office for the
remainder of the unexpired term.
(c) Section 1056.057, Special District Local Laws Code, as
effective April 1, 2011, is amended to conform to Section 1, Chapter
1410 (H.B. 4730), Acts of the 81st Legislature, Regular Session,
2009, to read as follows:
Sec. 1056.057. RECORDS OF PROCEEDINGS. [(a)] The board
shall require the secretary to keep suitable records of all
proceedings of each board meeting in accordance with Subchapter B,
Chapter 551, Government Code.
[(b) After each meeting:
[(1) the manager presiding at the meeting shall read
and sign the record; and
[(2) the secretary shall attest the record.]
(d) Section 1056.058, Special District Local Laws Code, as
effective April 1, 2011, is amended to conform to Section 1, Chapter
1410 (H.B. 4730), Acts of the 81st Legislature, Regular Session,
2009, by adding Subsection (e) to read as follows:
(e) The board may pay for the bond with district money.
(e) Section 1056.064, Special District Local Laws Code, as
effective April 1, 2011, is repealed to conform to Section 1,
Chapter 1410 (H.B. 4730), Acts of the 81st Legislature, Regular
Session, 2009.
(f) Section 1, Chapter 1410 (H.B. 4730), Acts of the 81st
Legislature, Regular Session, 2009, is repealed.
SECTION 22.003. (a) Subchapter B, Chapter 1056, Special
District Local Laws Code, as effective April 1, 2011, is amended to
conform to Section 2, Chapter 1410 (H.B. 4730), Acts of the 81st
Legislature, Regular Session, 2009, by adding Section 1056.0625 to
read as follows:
Sec. 1056.0625. EMPLOYMENT OF PHYSICIANS AND OTHER HEALTH
CARE PROVIDERS. (a) The board may employ physicians or other
health care providers as the board considers necessary for the
efficient operation of the district.
(b) The board shall adopt and maintain policies to ensure
that a physician employed under this section exercises independent
medical judgment when providing care to patients at the hospital
operated by the district. The policies adopted under this
subsection must include policies relating to:
(1) credentialing;
(2) quality assurance;
(3) utilization review;
(4) peer review;
(5) medical decision-making; and
(6) due process.
(c) A physician employed by the district under this section
is subject to the same standards and procedures regarding
credentialing, peer review, quality of care, and privileges as a
physician not employed by the district.
(d) The district shall give equal consideration regarding
the issuance of credentials and privileges to physicians employed
by the hospital and physicians not employed by the district.
(e) A physician employed by the district shall retain
independent medical judgment in providing care to patients at the
hospital operated by the district and may not be penalized for
reasonably advocating for patient care.
(f) This section may not be construed as altering, voiding,
or prohibiting any relationship between a hospital and a physician,
including a contract or arrangement with an approved nonprofit
health corporation that is certified under Section 162.001(b),
Occupations Code, and that holds a certificate of authority issued
under Chapter 844, Insurance Code.
(g) A contract to employ a physician under this section may
not include a covenant not to compete on termination of the
contract.
(h) This section may not be construed to authorize the board
to supervise or control the practice of medicine, as prohibited by
Subtitle B, Title 3, Occupations Code.
(b) Section 2, Chapter 1410 (H.B. 4730), Acts of the 81st
Legislature, Regular Session, 2009, is repealed.
SECTION 22.004. (a) Section 1056.201, Special District
Local Laws Code, as effective April 1, 2011, is amended to conform
to Section 3, Chapter 1410 (H.B. 4730), Acts of the 81st
Legislature, Regular Session, 2009, to read as follows:
Sec. 1056.201. GENERAL OBLIGATION BONDS. The board may
issue and sell general obligation bonds [as district obligations]
for any purpose relating to:
(1) the purchase, construction, acquisition, repair,
or renovation of buildings or improvements; and
(2) equipping buildings and improvements for hospital
purposes.
(b) The heading to Section 1056.202, Special District Local
Laws Code, as effective April 1, 2011, is amended to conform to
Section 3, Chapter 1410 (H.B. 4730), Acts of the 81st Legislature,
Regular Session, 2009, to read as follows:
Sec. 1056.202. TAX TO PAY GENERAL OBLIGATION BONDS.
(c) Section 1056.203, Special District Local Laws Code, as
effective April 1, 2011, is amended to conform to Section 3, Chapter
1410 (H.B. 4730), Acts of the 81st Legislature, Regular Session,
2009, to read as follows:
Sec. 1056.203. GENERAL OBLIGATION BOND ELECTION. (a) The
district may issue general obligation bonds only if the bonds are
authorized by a majority of the district voters voting at an
election held for that purpose [in accordance with the provisions
of Chapter 1251, Government Code, relating to county bonds].
(b) The board, in ordering the election, shall provide for
clerks as in county elections and shall specify:
(1) the date of the election;
(2) the location of the polling places;
(3) the presiding and alternate election judges for
each polling place;
(4) the amount of the bonds to be authorized; and
(5) the maximum maturity of the bonds.
(c) The board shall give notice of the bond election in the
manner provided by Section 1251.003, Government Code.
(d) Chapter 41, Election Code, does not apply to an election
held under this section.
(e) The board shall declare the results of [call] the
election.
(d) Subchapter E, Chapter 1056, Special District Local Laws
Code, as effective April 1, 2011, is amended to conform to Section
3, Chapter 1410 (H.B. 4730), Acts of the 81st Legislature, Regular
Session, 2009, by adding Section 1056.2035 to read as follows:
Sec. 1056.2035. REVENUE BONDS. (a) The board may issue
revenue bonds to:
(1) purchase, construct, acquire, repair, renovate,
or equip buildings or improvements for hospital purposes; or
(2) acquire sites to be used for hospital purposes.
(b) The bonds must be payable from and secured by a pledge of
all or part of the revenue derived from the operation of the
district's hospitals.
(c) The bonds may be additionally secured by a mortgage or
deed of trust lien on all or part of district property.
(d) The bonds must be issued in the manner and in accordance
with the procedures and requirements prescribed by Sections
264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, Health
and Safety Code, for issuance of revenue bonds by county hospital
authorities.
(e) Section 3, Chapter 1410 (H.B. 4730), Acts of the 81st
Legislature, Regular Session, 2009, is repealed.
SECTION 22.005. (a) Subchapter E, Chapter 1056, Special
District Local Laws Code, as effective April 1, 2011, is amended to
conform to Section 4, Chapter 1410 (H.B. 4730), Acts of the 81st
Legislature, Regular Session, 2009, by adding Sections 1056.206 and
1056.207 to read as follows:
Sec. 1056.206. ADDITIONAL MEANS OF SECURING REPAYMENT OF
BONDS. In addition to the authority to issue general obligation
bonds and revenue bonds under this subchapter, the board may
provide for the security and payment of district bonds from a pledge
of a combination of ad valorem taxes as authorized by Section
1056.202 and revenue and other sources authorized by Section
1056.2035.
Sec. 1056.207. USE OF BOND PROCEEDS. The district may use
the proceeds of bonds issued under this subchapter to pay:
(1) any expense the board determines is reasonable and
necessary to issue, sell, and deliver the bonds;
(2) interest payments on the bonds during a period of
acquisition or construction of a project or facility to be provided
through the bonds, not to exceed five years;
(3) costs related to the operation and maintenance of
a project or facility to be provided through the bonds:
(A) during an estimated period of acquisition or
construction, not to exceed five years; and
(B) for one year after the project or facility is
acquired or constructed;
(4) costs related to the financing of the bond funds,
including debt service reserve and contingency funds;
(5) costs related to the bond issuance;
(6) costs related to the acquisition of land or
interests in land for a project or facility to be provided through
the bonds; and
(7) costs of construction of a project or facility to
be provided through the bonds, including the payment of related
professional services and expenses.
(b) Section 4, Chapter 1410 (H.B. 4730), Acts of the 81st
Legislature, Regular Session, 2009, is repealed.
SECTION 22.006. (a) Chapter 1056, Special District Local
Laws Code, as effective April 1, 2011, is amended to conform to
Section 5, Chapter 1410 (H.B. 4730), Acts of the 81st Legislature,
Regular Session, 2009, by adding Subchapter G to read as follows:
SUBCHAPTER G. DISSOLUTION
Sec. 1056.301. DISSOLUTION; ELECTION. (a) The district
may be dissolved only on approval of a majority of the voters of the
district voting in an election held for that purpose.
(b) The board may order an election on the question of
dissolving the district and disposing of the district's assets and
obligations.
(c) The board shall order an election if the board receives
a petition requesting an election that is signed by at least 15
percent of the registered district voters.
(d) The order calling the election must state:
(1) the nature of the election, including the
proposition to appear on the ballot;
(2) the date of the election;
(3) the hours during which the polls will be open; and
(4) the location of the polling places.
(e) Section 41.001(a), Election Code, does not apply to an
election ordered under this section.
Sec. 1056.302. NOTICE OF ELECTION. (a) The board shall
give notice of an election under this subchapter by publishing once
a week for two consecutive weeks a substantial copy of the election
order in a newspaper with general circulation in the district.
(b) The first publication of the notice must appear not
later than the 35th day before the date of the election.
Sec. 1056.303. BALLOT. The ballot for an election under
this subchapter must be printed to permit voting for or against the
proposition: "The dissolution of the Martin County Hospital
District."
Sec. 1056.304. ELECTION RESULTS. (a) If a majority of the
votes in an election under this subchapter favor dissolution, the
board shall find that the district is dissolved.
(b) If a majority of the votes in the election do not favor
dissolution, the board shall continue to administer the district
and another election on the question of dissolution may not be held
before the first anniversary of the date of the most recent election
on the question of dissolution.
Sec. 1056.305. TRANSFER OR ADMINISTRATION OF ASSETS.
(a) If a majority of the votes in the election held under this
subchapter favor dissolution, the board shall:
(1) transfer the land, buildings, improvements,
equipment, and other assets that belong to the district to Martin
County or another governmental entity in Martin County; or
(2) administer the property, assets, and debts until
all money has been disposed of and all district debts have been paid
or settled.
(b) If the district makes the transfer under Subsection
(a)(1), the county or entity assumes all debts and obligations of
the district at the time of the transfer, and the district is
dissolved.
(c) If Subsection (a)(1) does not apply and the board
administers the property, assets, and debts of the district under
Subsection (a)(2), the district is dissolved when all money has
been disposed of and all district debts have been paid or settled.
Sec. 1056.306. IMPOSITION OF TAX AND RETURN OF SURPLUS
TAXES. (a) After the board finds that the district is dissolved,
the board shall:
(1) determine the debt owed by the district; and
(2) impose on the property included in the district's
tax rolls a tax that is in proportion of the debt to the property
value.
(b) On the payment of all outstanding debts and obligations
of the district, the board shall order the secretary to return to
each district taxpayer the taxpayer's pro rata share of all unused
tax money.
(c) A taxpayer may request that the taxpayer's share of
surplus tax money be credited to the taxpayer's county taxes. If a
taxpayer requests the credit, the board shall direct the secretary
to transmit the money to the county tax assessor-collector.
Sec. 1056.307. REPORT; DISSOLUTION ORDER. (a) After the
district has paid all its debts and has disposed of all its money
and other assets as prescribed by this subchapter, the board shall
file a written report with the Commissioners Court of Martin County
summarizing the board's actions in dissolving the district.
(b) Not later than the 10th day after the date the
Commissioners Court of Martin County receives the report and
determines that the requirements of this subchapter have been
fulfilled, the commissioners court shall enter an order dissolving
the district and releasing the board from any further duty or
obligation.
(b) Section 5, Chapter 1410 (H.B. 4730), Acts of the 81st
Legislature, Regular Session, 2009, is repealed.
SECTION 22.007. (a) Subchapter C, Chapter 1063, Special
District Local Laws Code, as effective April 1, 2011, is amended to
conform to Section 1, Chapter 1402 (H.B. 1517), Acts of the 81st
Legislature, Regular Session, 2009, by adding Section 1063.1175 to
read as follows:
Sec. 1063.1175. ADDITIONAL POWERS RELATED TO INDIGENT
HEALTH CARE. In addition to the powers otherwise provided by this
chapter, the district may exercise any power granted to a county or
a public hospital by Sections 61.035, 61.057, 61.058, and 61.059,
Health and Safety Code, as those sections existed on September 30,
2009, including the power to require a person to comply with a
corresponding duty.
(b) Section 1, Chapter 1402 (H.B. 1517), Acts of the 81st
Legislature, Regular Session, 2009, is repealed.
SECTION 22.008. (a) Subchapter E, Chapter 1067, Special
District Local Laws Code, as effective April 1, 2011, is amended to
conform to Section 1, Chapter 641 (H.B. 1686), Acts of the 81st
Legislature, Regular Session, 2009, by adding Sections 1067.209 and
1067.210 to read as follows:
Sec. 1067.209. ADDITIONAL MEANS OF SECURING REPAYMENT OF
BONDS. In addition to the authority to issue general obligation
bonds and revenue bonds under this subchapter, the board may
provide for the security and payment of district bonds from a pledge
of a combination of ad valorem taxes as authorized by Section
1067.202 and revenue and other sources authorized by Section
1067.206.
Sec. 1067.210. USE OF BOND PROCEEDS. The district may use
the proceeds of bonds issued under this subchapter to pay:
(1) any expense the board determines is reasonable and
necessary to issue, sell, and deliver the bonds;
(2) interest payments on the bonds during a period of
acquisition or construction of a project or facility to be provided
through the bonds, not to exceed five years;
(3) costs related to the operation and maintenance of
a project or facility to be provided through the bonds:
(A) during an estimated period of acquisition or
construction, not to exceed five years; and
(B) for one year after the project or facility is
acquired or constructed;
(4) costs related to the financing of the bond funds,
including debt service reserve and contingency funds;
(5) costs related to the bond issuance;
(6) costs related to the acquisition of land or
interests in land for a project or facility to be provided through
the bonds; and
(7) costs of construction of a project or facility to
be provided through the bonds, including the payment of related
professional services and expenses.
(b) Section 1, Chapter 641 (H.B. 1686), Acts of the 81st
Legislature, Regular Session, 2009, is repealed.
SECTION 22.009. (a) Section 1067.157(a), Special District
Local Laws Code, as effective April 1, 2011, is amended to conform
to Section 2, Chapter 641 (H.B. 1686), Acts of the 81st Legislature,
Regular Session, 2009, to read as follows:
(a) The board may borrow money at a rate not to exceed the
maximum annual percentage rate allowed by law for district
obligations at the time the loan is made [if the board declares
that:
[(1) money is not available to meet authorized
obligations of the district; and
[(2) an emergency exists].
(b) Section 2, Chapter 641 (H.B. 1686), Acts of the 81st
Legislature, Regular Session, 2009, is repealed.
SECTION 22.010. Section 1067.157(d), Special District
Local Laws Code, as effective April 1, 2011, is repealed to conform
to Section 3, Chapter 641 (H.B. 1686), Acts of the 81st Legislature,
Regular Session, 2009.
SECTION 22.011. (a) Chapter 1073, Special District Local
Laws Code, as effective April 1, 2011, is amended to conform to
Article 2, Chapter 876 (S.B. 2517), Acts of the 81st Legislature,
Regular Session, 2009, by adding Subchapter H to read as follows:
SUBCHAPTER H. DISSOLUTION OF NORTH RUNNELS COUNTY HOSPITAL
DISTRICT ON CREATION OF RUNNELS COUNTY HOSPITAL DISTRICT
Sec. 1073.351. DISSOLUTION; ELECTION. (a) The board may
order an election on the question of the dissolution of the
district, creation of the Runnels County Hospital District,
transfer of the district's assets and obligations to the Runnels
County Hospital District, and assumption of the district's
outstanding debts by the Runnels County Hospital District.
(b) The board shall order the election if:
(1) the board receives a petition requesting an
election that is signed by at least 50 of the district's registered
voters; or
(2) the board receives notice that the board of
directors of the Ballinger Memorial Hospital District intends to
order an election to dissolve the Ballinger Memorial Hospital
District and create the Runnels County Hospital District under
Subchapter D-1, Chapter 1004.
(c) If the board intends to hold an election under this
subchapter, the board shall notify the board of directors of the
Ballinger Memorial Hospital District and the Runnels County
Commissioners Court of that intention.
(d) The election held under this subchapter shall be held on
the same date as the election to dissolve the Ballinger Memorial
Hospital District and create the Runnels County Hospital District
under Subchapter D-1, Chapter 1004, and the election in the portion
of the county not included in a hospital district to create the
Runnels County Hospital District. The board shall coordinate with
the board of directors of the Ballinger Memorial Hospital District
and the Commissioners Court of Runnels County in setting the
election date under this section.
(e) The order calling the election must state:
(1) the nature of the election, including the
proposition that is to appear on the ballot;
(2) the date of the election;
(3) the hours during which the polls will be open; and
(4) the location of the polling places.
(f) Section 41.001, Election Code, does not apply to an
election ordered under this section.
Sec. 1073.352. NOTICE OF ELECTION. (a) The board shall
give notice of an election under this subchapter by publishing a
substantial copy of the election order in a newspaper with general
circulation in the district once a week for two consecutive weeks.
(b) The first publication must appear not later than the
35th day before the date set for the election.
Sec. 1073.353. BALLOT. The ballot for an election under
this subchapter must be printed to permit voting for or against the
proposition: "The dissolution of the North Runnels County Hospital
District and the creation of the Runnels County Hospital District,
providing for the imposition of an ad valorem tax at a rate not to
exceed ____ cents (insert any rate not to exceed 75 cents) on each
$100 valuation of taxable property in Runnels County, and providing
for the transfer to and assumption by the Runnels County Hospital
District of all outstanding bonds and other obligations issued for
hospital purposes by the North Runnels County Hospital District,
Runnels County, and any part of a municipality located in Runnels
County, and the transfer of the existing North Runnels County
Hospital District's assets to the Runnels County Hospital
District."
Sec. 1073.354. ELECTION RESULTS. (a) The board shall find
that the district is dissolved if:
(1) a majority of the votes in an election under this
section favor dissolution of the district and creation of the
Runnels County Hospital District;
(2) a majority of the votes in an election held on the
same date under Subchapter D-1, Chapter 1004, favor dissolution of
the Ballinger Memorial Hospital District and creation of the
Runnels County Hospital District; and
(3) a cumulative majority of the votes in all three
elections held on the question of creating the Runnels County
Hospital District favor creation of the district.
(b) If a majority of the votes in either election under
Subsection (a)(1) or (2) do not favor dissolution of the district
and creation of the Runnels County Hospital District, or if a
cumulative majority of the votes in all three elections held on the
question of creating the Runnels County Hospital District do not
favor creation of the district, the board shall continue to
administer the district, and another election on the question of
dissolution under this section may not be held before the first
anniversary of the date of the most recent election under this
section to dissolve the district.
Sec. 1073.355. TRANSFER OR ADMINISTRATION OF ASSETS.
(a) If a majority of the votes in both elections under
Sections 1073.354(a)(1) and (2) favor dissolution of the district
and creation of the Runnels County Hospital District, and a
cumulative majority of the votes in all three elections held on the
question of creating the Runnels County Hospital District favor
creation of the district, the board shall transfer the land,
buildings, improvements, equipment, and other assets belonging to
the district to the Runnels County Hospital District.
(b) On the date the district makes the transfer under
Subsection (a), the Runnels County Hospital District assumes all
debts and obligations of the district at the time of the transfer.
The district is dissolved at the time of the transfer and the board
is released from any further duty or obligation.
Sec. 1073.356. REFERENCE IN OTHER LAW. On the dissolution
of the North Runnels County Hospital District and the approval of
the creation of the Runnels County Hospital District, a reference
in any law to the North Runnels County Hospital District means the
Runnels County Hospital District.
Sec. 1073.357. EXPIRATION. If the dissolution of the North
Runnels County Hospital District and creation of the Runnels County
Hospital District are not approved at an election held not later
than June 19, 2014, this subchapter expires.
(b) Article 2, Chapter 876 (S.B. 2517), Acts of the 81st
Legislature, Regular Session, 2009, is repealed.
SECTION 22.012. (a) Section 1083.051, Special District
Local Laws Code, as effective April 1, 2011, is amended to conform
to Section 1, Chapter 570 (S.B. 2093), Acts of the 81st Legislature,
Regular Session, 2009, to read as follows:
Sec. 1083.051. BOARD ELECTION; TERM. (a) The district is
governed by a board of five directors elected as follows:
(1) two directors are elected from each commissioners
precinct included in the district; and
(2) one director is elected from the district at large
[from single-member voting precincts].
(b) Unless four-year terms are established under Section
285.081, Health and Safety Code:
(1) directors serve staggered two-year terms; and
(2) a directors' election shall be held each year on
the May uniform election date prescribed by Section 41.001,
Election Code, to elect the appropriate number of directors [on the
date that the election of public school trustees is held].
(b) Section 1083.052, Special District Local Laws Code, as
effective April 1, 2011, is amended to conform to Section 1,
Chapter 570 (S.B. 2093), Acts of the 81st Legislature, Regular
Session, 2009, to read as follows:
Sec. 1083.052. NOTICE OF ELECTION. Notice [At least 10 days
before the date] of a directors' election[, notice of the election]
shall be published [one time] in a newspaper of general circulation
in Wheeler County in accordance with Section 4.003, Election Code.
(c) Section 1083.053, Special District Local Laws Code, as
effective April 1, 2011, is amended to conform to Section 1,
Chapter 570 (S.B. 2093), Acts of the 81st Legislature, Regular
Session, 2009, to read as follows:
Sec. 1083.053. BALLOT APPLICATION [PETITION]. A person
seeking to have the person's name printed on the ballot as a
candidate for director must file an application in accordance with
Chapter 144, Election Code, with the board secretary [a petition
requesting that action]. [The petition must be:
[(1) signed by not fewer than five registered voters
who reside in the voting precinct the candidate seeks to represent;
and
[(2) filed at least 25 days before the date of the
election.]
(d) Section 1083.054, Special District Local Laws Code, as
effective April 1, 2011, is amended to conform to Section 1,
Chapter 570 (S.B. 2093), Acts of the 81st Legislature, Regular
Session, 2009, to read as follows:
Sec. 1083.054. QUALIFICATIONS FOR OFFICE. (a) A person may
not be elected or appointed as a director unless the person is:
(1) [is] a resident of the district [voting precinct
the person is elected or appointed to represent];
(2) a registered voter [owns property in the district
subject to taxation]; and
(3) [is] more than 18 years of age at the time of
election or appointment.
(b) A person who is elected from a commissioners precinct or
who is appointed to fill a vacancy for a commissioners precinct must
be a resident of that precinct.
(c) A district employee may not serve as a director.
(e) Section 1, Chapter 570 (S.B. 2093), Acts of the 81st
Legislature, Regular Session, 2009, is repealed.
SECTION 22.013. (a) Section 1083.152, Special District
Local Laws Code, as effective April 1, 2011, is amended to conform
to Section 2, Chapter 570 (S.B. 2093), Acts of the 81st Legislature,
Regular Session, 2009, to read as follows:
Sec. 1083.152. FISCAL YEAR. (a) The district operates on
a fiscal year established by the board [that begins on October 1 and
ends on September 30].
(b) The fiscal year may not be changed:
(1) if revenue bonds are outstanding; or
(2) more than once in a 24-month period.
(b) Section 2, Chapter 570, (S.B. 2093) Acts of the 81st
Legislature, Regular Session, 2009, is repealed.
SECTION 22.014. (a) Subchapter E, Chapter 1083, Special
District Local Laws Code, as effective April 1, 2011, is amended to
conform to Section 3, Chapter 570 (S.B. 2093), Acts of the 81st
Legislature, Regular Session, 2009, by adding Section 1083.2045 to
read as follows:
Sec. 1083.2045. REVENUE BONDS. (a) The board may issue
revenue bonds to:
(1) purchase, construct, acquire, repair, renovate,
or equip buildings or improvements for hospital system purposes; or
(2) acquire sites to be used for hospital system
purposes.
(b) The bonds must be payable from and secured by a pledge of
all or part of the revenue derived from the operation of the
district's hospitals.
(c) The bonds may be additionally secured by a mortgage or
deed of trust lien on all or part of the district property.
(d) The bonds must be issued in the manner and in accordance
with the procedures and requirements prescribed by Sections
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for
issuance of revenue bonds by a county hospital authority.
(b) Subchapter E, Chapter 1083, Special District Local Laws
Code, as effective April 1, 2011, is amended to conform to Section
3, Chapter 570 (S.B. 2093), Acts of the 81st Legislature, Regular
Session, 2009, by adding Sections 1083.207 and 1083.208 to read as
follows:
Sec. 1083.207. ADDITIONAL MEANS OF SECURING REPAYMENT OF
BONDS. (a) In addition to the authority to issue general
obligation bonds and revenue bonds under this subchapter, the board
may provide for the security and payment of district bonds from a
pledge of a combination of ad valorem taxes as authorized by Section
1083.202 and revenue and other sources as authorized by Section
1083.2045.
(b) Bonds, other than refunding bonds, that the board
proposes to secure wholly or partly by an ad valorem tax must be
approved at an election held in the district in accordance with
Section 1083.203.
Sec. 1083.208. USE OF BOND PROCEEDS. The district may use
the proceeds of bonds issued under this subchapter to pay:
(1) any expense the board determines is reasonable and
necessary to issue, sell, and deliver the bonds;
(2) interest payments on the bonds during a period of
acquisition or construction of a project or facility to be provided
through the bonds, not to exceed five years;
(3) costs related to the operation and maintenance of
a project or facility to be provided through the bonds:
(A) during an estimated period of acquisition or
construction, not to exceed five years; and
(B) for one year after the project or facility is
acquired or constructed;
(4) costs related to the financing of the bond funds,
including debt service reserve and contingency funds;
(5) costs related to the bond issuance;
(6) costs related to the acquisition of land or
interests in land for a project or facility to be provided through
the bonds; and
(7) costs of construction of a project or facility to
be provided through the bonds, including the payment of related
professional services and expenses.
(c) Section 3, Chapter 570 (S.B. 2093), Acts of the 81st
Legislature, Regular Session, 2009, is repealed.
SECTION 22.015. (a) Chapter 1083, Special District Local
Laws Code, as effective April 1, 2011, is amended to conform to
Section 4, Chapter 570 (S.B. 2093), Acts of the 81st Legislature,
Regular Session, 2009, by adding Subchapter G to read as follows:
SUBCHAPTER G. DISSOLUTION
Sec. 1083.301. DISSOLUTION; ELECTION. (a) The district
may be dissolved only if the dissolution is approved by a majority
of the registered voters of the district voting in an election held
for that purpose.
(b) The board may order an election on the question of
dissolving the district and disposing of the district's assets and
obligations.
(c) The board shall order an election if the board receives
a petition requesting an election that is signed by a number of
registered voters of the district equal to at least 15 percent of
the registered voters in the district.
(d) Section 41.001, Election Code, does not apply to an
election ordered under this subchapter.
(e) The order calling an election under this subchapter must
state:
(1) the nature of the election, including the
proposition that is to appear on the ballot;
(2) the date of the election;
(3) the hours during which the polls will be open; and
(4) the location of the polling places.
Sec. 1083.302. NOTICE OF ELECTION. (a) The board shall
give notice of the election by publishing a substantial copy of the
election order in a newspaper with general circulation in the
district once a week for two consecutive weeks.
(b) The first publication must appear not later than the
35th day before the date set for the election.
Sec. 1083.303. BALLOT. The ballot for the election must be
printed to permit voting for or against the proposition: "The
dissolution of the North Wheeler County Hospital District."
Sec. 1083.304. ELECTION RESULTS. (a) If a majority of the
votes in the election favor dissolution, the board shall find that
the district is dissolved.
(b) If a majority of the votes in the election do not favor
dissolution, the board shall continue to administer the district,
and another election on the question of dissolution may not be held
before the first anniversary of the most recent election to
dissolve the district.
Sec. 1083.305. TRANSFER OR ADMINISTRATION OF ASSETS.
(a) If a majority of the votes in the election favor dissolution,
the board shall:
(1) transfer the land, buildings, improvements,
equipment, and other assets that belong to the district to Wheeler
County or another governmental entity in Wheeler County; or
(2) administer the property, assets, and debts until
all money has been disposed of and all district debts have been paid
or settled.
(b) If the district transfers the land, buildings,
improvements, equipment, and other assets to Wheeler County or
another governmental entity, the county or entity assumes all debts
and obligations of the district at the time of the transfer, and the
district is dissolved.
(c) If the district does not transfer the land, buildings,
improvements, equipment, and other assets to Wheeler County or
another governmental entity, the board shall administer the
property, assets, and debts of the district until all funds have
been disposed of and all district debts have been paid or settled,
at which time the district is dissolved.
Sec. 1083.306. IMPOSITION OF TAX AND RETURN OF SURPLUS
TAXES. (a) After the board finds that the district is dissolved,
the board shall:
(1) determine any debt owed by the district; and
(2) impose on the property included in the district's
tax rolls a tax that is in proportion of the debt to the property
value.
(b) When all outstanding debts and obligations of the
district are paid, the board shall order the secretary to return to
each district taxpayer the taxpayer's pro rata share of all unused
tax money.
(c) A taxpayer may request that the taxpayer's share of
surplus tax money be credited to the taxpayer's county taxes. If a
taxpayer requests the credit, the board shall direct the secretary
to transmit the money to the county tax assessor-collector.
Sec. 1083.307. REPORT; DISSOLUTION ORDER. (a) After the
district has paid all its debts and has disposed of all its assets
and money as prescribed by this subchapter, the board shall file a
written report with the Commissioners Court of Wheeler County
summarizing the board's actions in dissolving the district.
(b) Not later than the 10th day after the date it receives
the report and determines that the requirements of this section
have been fulfilled, the Commissioners Court of Wheeler County
shall enter an order dissolving the district and releasing the
board from any further duty or obligation.
(b) Section 4, Chapter 570 (S.B. 2093), Acts of the 81st
Legislature, Regular Session, 2009, is repealed.
SECTION 22.016. (a) Subchapter D, Chapter 1088, Special
District Local Laws Code, as effective April 1, 2011, is amended to
conform to Section 1, Chapter 921 (H.B. 2994), Acts of the 81st
Legislature, Regular Session, 2009, by adding Section 1088.161 to
read as follows:
Sec. 1088.161. AUTHORITY TO BORROW MONEY; SECURITY.
(a) The board may borrow money at a rate not to exceed the maximum
annual percentage rate allowed by law for district obligations at
the time the loan is made.
(b) To secure a loan, the board may pledge:
(1) district revenue that is not pledged to pay the
district's bonded indebtedness;
(2) a district tax to be imposed by the district during
the 12-month period following the date of the pledge that is not
pledged to pay the principal of or interest on district bonds; or
(3) a district bond that has been authorized but not
sold.
(c) A loan for which taxes or bonds are pledged must mature
not later than the first anniversary of the date the loan is made. A
loan for which district revenue is pledged must mature not later
than the fifth anniversary of the date the loan is made.
(b) Section 1, Chapter 921 (H.B. 2994), Acts of the 81st
Legislature, Regular Session, 2009, is repealed.
SECTION 22.017. (a) Subchapter E, Chapter 1088, Special
District Local Laws Code, as effective April 1, 2011, is amended to
conform to Section 2, Chapter 921 (H.B. 2994), Acts of the 81st
Legislature, Regular Session, 2009, by adding Sections 1088.208 and
1088.209 to read as follows:
Sec. 1088.208. ADDITIONAL MEANS OF SECURING REPAYMENT OF
BONDS. In addition to the authority to issue general obligation
bonds and revenue bonds under this subchapter, the board may
provide for the security and payment of district bonds from a pledge
of a combination of ad valorem taxes as authorized by Section
1088.202 and revenue and other sources as authorized by Section
1088.206.
Sec. 1088.209. USE OF BOND PROCEEDS. The district may use
the proceeds of bonds issued under this subchapter to pay:
(1) any expense the board determines is reasonable and
necessary to issue, sell, and deliver the bonds;
(2) interest payments on the bonds during a period of
acquisition or construction of a project or facility to be provided
through the bonds, not to exceed five years;
(3) costs related to the operation and maintenance of
a project or facility to be provided through the bonds:
(A) during an estimated period of acquisition or
construction, not to exceed five years; and
(B) for one year after the project or facility is
acquired or constructed;
(4) costs related to the financing of the bond funds,
including debt service reserve and contingency funds;
(5) costs related to the bond issuance;
(6) costs related to the acquisition of land or
interests in land for a project or facility to be provided through
the bonds; and
(7) costs of construction of a project or facility to
be provided through the bonds, including the payment of related
professional services and expenses.
(b) Section 2, Chapter 921 (H.B. 2994), Acts of the 81st
Legislature, Regular Session, 2009, is repealed.
SECTION 22.018. Section 3854.151, Special District Local
Laws Code, as effective April 1, 2011, is amended to correct a
reference to read as follows:
Sec. 3854.151. GENERAL POWERS. The district has:
(1) all the rights, powers, and privileges conferred
by the general law of this state applicable to districts created
under:
(A) Chapter 375, Local Government Code;
(B) Chapter 172, Transportation Code, or Chapter
623, Acts of the 67th Legislature, Regular Session, 1981 (former
Article 6550c, Vernon's Texas Civil Statutes);
(C) Chapter 441, Transportation Code; and
(D) Chapter 54, Water Code;
(2) the rights, powers, and privileges granted to
districts by:
(A) Subchapters E and M, Chapter 60, Water Code;
and
(B) Section 61.116, Water Code; and
(3) all the powers granted to municipal management
districts under Sections 375.092 and 375.111, Local Government
Code, to provide any services or for any project the district is
authorized to acquire, construct, or improve under this chapter.
SECTION 22.019. (a) Subchapter C, Chapter 8272, Special
District Local Laws Code, as effective April 1, 2011, is amended to
conform to Section 1, Chapter 590 (S.B. 2482), Acts of the 81st
Legislature, Regular Session, 2009, by adding Section 8272.105 to
read as follows:
Sec. 8272.105. BONDS FOR RECREATIONAL FACILITIES. Section
49.4645(f), Water Code, does not apply to the district.
(b) Section 1, Chapter 590 (S.B. 2483), Acts of the 81st
Legislature, Regular Session, 2009, is repealed.
SECTION 22.020. (a) Section 8282.253(a), Special District
Local Laws Code, as effective April 1, 2011, is amended to conform
to Section 1, Chapter 582 (S.B. 2462), Acts of the 81st Legislature,
Regular Session, 2009, to read as follows:
(a) To pay all or part of the costs of an improvement project
or service under Section 8282.154, the board may issue bonds in one
or more series payable from and secured by ad valorem taxes,
assessments, impact fees, revenues, payments pursuant to an
agreement made under Section 311.010(b), Tax Code, dedicating
revenue from a tax increment fund, grants, gifts, contracts, or
leases or any combination of those sources of money.
(b) Section 8282.253, Special District Local Laws Code, as
effective April 1, 2011, is amended to conform to Section 1, Chapter
582 (S.B. 2462), Acts of the 81st Legislature, Regular Session,
2009, by adding Subsection (d) to read as follows:
(d) Sections 49.181 and 49.182, Water Code, do not apply to:
(1) bonds issued by the district and payable from:
(A) assessments imposed by the district under
Section 8282.154 that are paid in full on the first conveyance of
land after imposition of the assessment; or
(B) payments pursuant to an agreement made under
Section 311.010(b), Tax Code, dedicating revenue from a tax
increment fund; or
(2) a project that is financed by an issuance of bonds
described by Subdivision (1).
(c) Section 1, Chapter 582 (S.B. 2462), Acts of the 81st
Legislature, Regular Session, 2009, is repealed.
SECTION 22.021. (a) Section 8826.053, Special District
Local Laws Code, as effective April 1, 2011, is amended to conform
to Section 1, Chapter 1088 (H.B. 4785), Acts of the 81st
Legislature, Regular Session, 2009, to read as follows:
Sec. 8826.053. ELECTION DATE. On the uniform election date
[first Tuesday after the first Monday] in May [November] of each
even-numbered year, the appropriate number of directors shall be
elected.
(b) Section 8826.151, Special District Local Laws Code, as
effective April 1, 2011, is amended to conform to Section 2, Chapter
1088 (H.B. 4785), Acts of the 81st Legislature, Regular Session,
2009, to read as follows:
Sec. 8826.151. FEES. Unless exempt under this chapter or
Chapter 36, Water Code, the board may establish by schedule and
impose:
(1) a production fee based on the amount of
groundwater authorized by permit to be withdrawn from a well or the
amount of groundwater actually withdrawn from a well in an amount
not to exceed 17 cents per thousand gallons [under Section 36.205,
Water Code];
(2) an export fee for groundwater transferred out of
the district in an amount not to exceed 150 percent of the maximum
wholesale water rate charged by the City of Houston; and
(3) other fees as authorized by Chapter 36, Water
Code.
(c) Sections 1 and 2, Chapter 1088 (H.B. 4785), Acts of the
81st Legislature, Regular Session, 2009, are repealed.
SECTION 22.022. Section 8829.102(a), Special District
Local Laws Code, is amended to more closely conform to the source
law from which the section was derived to read as follows:
(a) In recognition of the need for uniform regional
monitoring and regulation of common, scientifically recognized
groundwater sources, and within designated management areas, the
district shall establish rules that:
(1) require the permitting of each water well that is:
(A) not exempted [exempt] from permitting by
Chapter 36, Water Code; and
(B) capable of producing more than 25,000 gallons
each day;
(2) provide for the prevention of waste, as defined by
Section 36.001, Water Code;
(3) provide for timely capping or plugging of
abandoned wells; and
(4) require reports to be filed with the district on
each new, nonexempt water well.
SECTION 22.023. Subchapter A, Chapter 8831, Special
District Local Laws Code, is amended to more closely conform to the
source law from which that subchapter was derived by adding Section
8831.005 to read as follows:
Sec. 8831.005. CONFLICTS OF LAW. The following provisions
prevail over a conflicting or inconsistent provision of this
chapter:
(1) Sections 36.1071-36.108, Water Code;
(2) Sections 36.159-36.161, Water Code; and
(3) Subchapter I, Chapter 36, Water Code.
SECTION 22.024. Subchapter A, Chapter 8836, Special
District Local Laws Code, is amended to more closely conform to the
source law from which that subchapter was derived by adding Section
8836.006 to read as follows:
Sec. 8836.006. CONFLICTS OF LAW. The following provisions
prevail over a conflicting or inconsistent provision of this
chapter:
(1) Sections 36.1071-36.108, Water Code;
(2) Sections 36.159-36.161, Water Code; and
(3) Subchapter I, Chapter 36, Water Code.
SECTION 22.025. Subchapter A, Chapter 8849, Special
District Local Laws Code, is amended to more closely conform to the
source law from which that subchapter was derived by adding Section
8849.005 to read as follows:
Sec. 8849.005. CONFLICTS OF LAW. The following provisions
prevail over a conflicting or inconsistent provision of this
chapter:
(1) Sections 36.1071-36.1073, Water Code;
(2) Sections 36.159-36.161, Water Code; and
(3) Subchapter I, Chapter 36, Water Code.
SECTION 22.026. Section 8844.004, Special District Local
Laws Code, as effective April 1, 2011, is amended to correct a
reference to read as follows:
Sec. 8844.004. DISTRICT TERRITORY. The district is
composed of the territory located in Gillespie County, unless the
district's territory has been modified under:
(1) Subchapter B [this subchapter]; or
(2) other law.
ARTICLE 23. CHANGES RELATING TO TAX CODE
SECTION 23.001. Section 11.18(d), Tax Code, as reenacted
and amended by Chapters 1246 (S.B. 2442) and 1314 (H.B. 2628), Acts
of the 81st Legislature, Regular Session, 2009, is reenacted and
amended to read as follows:
(d) A charitable organization must be organized exclusively
to perform religious, charitable, scientific, literary, or
educational purposes and, except as permitted by Subsections (h)
and (l), engage exclusively in performing one or more of the
following charitable functions:
(1) providing medical care without regard to the
beneficiaries' ability to pay, which in the case of a nonprofit
hospital or hospital system means providing charity care and
community benefits in accordance with Section 11.1801;
(2) providing support or relief to orphans,
delinquent, dependent, or handicapped children in need of
residential care, abused or battered spouses or children in need of
temporary shelter, the impoverished, or victims of natural disaster
without regard to the beneficiaries' ability to pay;
(3) providing support without regard to the
beneficiaries' ability to pay to:
(A) elderly persons, including the provision of:
(i) recreational or social activities; and
(ii) facilities designed to address the
special needs of elderly persons; or
(B) the handicapped, including training and
employment:
(i) in the production of commodities; or
(ii) in the provision of services under 41
U.S.C. Sections 46-48c;
(4) preserving a historical landmark or site;
(5) promoting or operating a museum, zoo, library,
theater of the dramatic or performing arts, or symphony orchestra
or choir;
(6) promoting or providing humane treatment of
animals;
(7) acquiring, storing, transporting, selling, or
distributing water for public use;
(8) answering fire alarms and extinguishing fires with
no compensation or only nominal compensation to the members of the
organization;
(9) promoting the athletic development of boys or
girls under the age of 18 years;
(10) preserving or conserving wildlife;
(11) promoting educational development through loans
or scholarships to students;
(12) providing halfway house services pursuant to a
certification as a halfway house by the parole division of the Texas
Department of Criminal Justice;
(13) providing permanent housing and related social,
health care, and educational facilities for persons who are 62
years of age or older without regard to the residents' ability to
pay;
(14) promoting or operating an art gallery, museum, or
collection, in a permanent location or on tour, that is open to the
public;
(15) providing for the organized solicitation and
collection for distributions through gifts, grants, and agreements
to nonprofit charitable, education, religious, and youth
organizations that provide direct human, health, and welfare
services;
(16) performing biomedical or scientific research or
biomedical or scientific education for the benefit of the public;
(17) operating a television station that produces or
broadcasts educational, cultural, or other public interest
programming and that receives grants from the Corporation for
Public Broadcasting under 47 U.S.C. Section 396, as amended;
(18) providing housing for low-income and
moderate-income families, for unmarried individuals 62 years of age
or older, for handicapped individuals, and for families displaced
by urban renewal, through the use of trust assets that are
irrevocably and, pursuant to a contract entered into before
December 31, 1972, contractually dedicated on the sale or
disposition of the housing to a charitable organization that
performs charitable functions described by Subdivision (9);
(19) providing housing and related services to persons
who are 62 years of age or older in a retirement community, if the
retirement community provides independent living services,
assisted living services, and nursing services to its residents on
a single campus:
(A) without regard to the residents' ability to
pay; or
(B) in which at least four percent of the
retirement community's combined net resident revenue is provided in
charitable care to its residents;
(20) providing housing on a cooperative basis to
students of an institution of higher education if:
(A) the organization is exempt from federal
income taxation under Section 501(a), Internal Revenue Code of
1986, as amended, by being listed as an exempt entity under Section
501(c)(3) of that code;
(B) membership in the organization is open to all
students enrolled in the institution and is not limited to those
chosen by current members of the organization;
(C) the organization is governed by its members;
and
(D) the members of the organization share the
responsibility for managing the housing;
(21) acquiring, holding, and transferring unimproved
real property under an urban land bank demonstration program
established under Chapter 379C, Local Government Code, as or on
behalf of a land bank;
(22) acquiring, holding, and transferring unimproved
real property under an urban land bank program established under
Chapter 379E, Local Government Code, as or on behalf of a land bank;
[or]
(23) providing housing and related services to
individuals who:
(A) are unaccompanied and homeless and have a
disabling condition; and
(B) have been continuously homeless for a year or
more or have had at least four episodes of homelessness in the
preceding three years; or
(24) [(23)] operating a radio station that broadcasts
educational, cultural, or other public interest programming,
including classical music, and that in the preceding five years has
received or been selected to receive one or more grants from the
Corporation for Public Broadcasting under 47 U.S.C. Section 396, as
amended.
SECTION 23.002. Section 26.08(p), Tax Code, as added by
Chapters 1240 (S.B. 2274) and 1328 (H.B. 3646), Acts of the 81st
Legislature, Regular Session, 2009, is reenacted to read as
follows:
(p) Notwithstanding Subsections (i), (n), and (o), if for
the preceding tax year a school district adopted a maintenance and
operations tax rate that was less than the district's effective
maintenance and operations tax rate for that preceding tax year,
the rollback tax rate of the district for the current tax year is
calculated as if the district adopted a maintenance and operations
tax rate for the preceding tax year that was equal to the district's
effective maintenance and operations tax rate for that preceding
tax year.
SECTION 23.003. Section 151.316(a), Tax Code, as amended by
Chapters 1162 (H.B. 3144) and 1373 (S.B. 958), Acts of the 81st
Legislature, Regular Session, 2009, is reenacted to read as
follows:
(a) The following items are exempted from the taxes imposed
by this chapter:
(1) horses, mules, and work animals;
(2) animal life the products of which ordinarily
constitute food for human consumption;
(3) feed for farm and ranch animals;
(4) feed for animals that are held for sale in the
regular course of business;
(5) seeds and annual plants the products of which:
(A) ordinarily constitute food for human
consumption;
(B) are to be sold in the regular course of
business; or
(C) are used to produce feed for animals exempted
by this section;
(6) fertilizers, fungicides, insecticides,
herbicides, defoliants, and desiccants exclusively used or
employed on a farm or ranch in the production of:
(A) food for human consumption;
(B) feed for animal life; or
(C) other agricultural products to be sold in the
regular course of business;
(7) machinery and equipment exclusively used or
employed on a farm or ranch in the building or maintaining of roads
or water facilities or in the production of:
(A) food for human consumption;
(B) grass;
(C) feed for animal life; or
(D) other agricultural products to be sold in the
regular course of business;
(8) machinery and equipment exclusively used in, and
pollution control equipment required as a result of, the
processing, packing, or marketing of agricultural products by an
original producer at a location operated by the original producer
for processing, packing, or marketing the producer's own products
if:
(A) 50 percent or more of the products processed,
packed, or marketed at or from the location are produced by the
original producer and not purchased or acquired from others; and
(B) the producer does not process, pack, or
market for consideration any agricultural products that belong to
other persons in an amount greater than five percent of the total
agricultural products processed, packed, or marketed by the
producer;
(9) ice exclusively used by commercial fishing boats
in the storing of aquatic species including but not limited to
shrimp, other crustaceans, finfish, mollusks, and other similar
creatures;
(10) tangible personal property, including a tire,
sold or used to be installed as a component part of a motor vehicle,
machinery, or other equipment exclusively used or employed on a
farm or ranch in the building or maintaining of roads or water
facilities or in the production of:
(A) food for human consumption;
(B) grass;
(C) feed for animal life; or
(D) other agricultural products to be sold in the
regular course of business;
(11) machinery and equipment exclusively used in an
agricultural aircraft operation, as defined by 14 C.F.R. Section
137.3; and
(12) tangible personal property incorporated into a
structure that is used for the disposal of poultry carcasses in
accordance with Section 26.303, Water Code.
SECTION 23.004. Section 351.101(a), Tax Code, as amended by
Chapters 402 (H.B. 1789), 1220 (S.B. 1247), and 1322 (H.B. 3098),
Acts of the 81st Legislature, Regular Session, 2009, is reenacted
and amended to read as follows:
(a) Revenue from the municipal hotel occupancy tax may be
used only to promote tourism and the convention and hotel industry,
and that use is limited to the following:
(1) the acquisition of sites for and the construction,
improvement, enlarging, equipping, repairing, operation, and
maintenance of convention center facilities or visitor information
centers, or both;
(2) the furnishing of facilities, personnel, and
materials for the registration of convention delegates or
registrants;
(3) advertising and conducting solicitations and
promotional programs to attract tourists and convention delegates
or registrants to the municipality or its vicinity;
(4) the encouragement, promotion, improvement, and
application of the arts, including instrumental and vocal music,
dance, drama, folk art, creative writing, architecture, design and
allied fields, painting, sculpture, photography, graphic and craft
arts, motion pictures, radio, television, tape and sound recording,
and other arts related to the presentation, performance, execution,
and exhibition of these major art forms;
(5) historical restoration and preservation projects
or activities or advertising and conducting solicitations and
promotional programs to encourage tourists and convention
delegates to visit preserved historic sites or museums:
(A) at or in the immediate vicinity of convention
center facilities or visitor information centers; or
(B) located elsewhere in the municipality or its
vicinity that would be frequented by tourists and convention
delegates;
(6) for a municipality located in a county with a
population of one million or less, expenses, including promotion
expenses, directly related to a sporting event in which the
majority of participants are tourists who substantially increase
economic activity at hotels and motels within the municipality or
its vicinity;
(7) subject to Section 351.1076, the promotion of
tourism by the enhancement and upgrading of existing sports
facilities or fields, including facilities or fields for baseball,
softball, soccer, and flag football, if:
(A) the municipality owns the facilities or
fields;
(B) the municipality:
(i) has a population of 80,000 or more and
is located in a county that has a population of 350,000 or less;
(ii) has a population of at least 65,000 but
not more than 70,000 and is located in a county that has a
population of 155,000 or less;
(iii) has a population of at least 34,000
but not more than 36,000 and is located in a county that has a
population of 90,000 or less;
(iv) has a population of at least 13,000 but
less than 39,000 and is located in a county that has a population of
at least 200,000;
(v) has a population of at least 65,000 but
less than 80,000 and no part of which is located in a county with a
population greater than 150,000; or
(vi) is located in a county that:
(a) is adjacent to the Texas-Mexico
border;
(b) has a population of at least
500,000; and
(c) does not have a municipality with
a population greater than 500,000; and
(C) the sports facilities and fields have been
used, in the preceding calendar year, a combined total of more than
10 times for district, state, regional, or national sports
tournaments; [and]
(8) for a municipality with a population of at least
65,000 but less than 80,000, no part of which is located in a county
with a population greater than 150,000, the construction,
improvement, enlarging, equipping, repairing, operation, and
maintenance of a coliseum or multiuse facility;
(9) [(8)] signage directing the public to sights and
attractions that are visited frequently by hotel guests in the
municipality; and
(10) [(8)] the construction of a recreational venue in
the immediate vicinity of area hotels, if:
(A) the municipality:
(i) is a general-law municipality;
(ii) has a population of not more than 900;
and
(iii) does not impose an ad valorem tax;
(B) not more than $100,000 of municipal hotel
occupancy tax revenue is used for the construction of the
recreational venue;
(C) a majority of the hotels in the municipality
request the municipality to construct the recreational venue;
(D) the recreational venue will be used primarily
by hotel guests; and
(E) the municipality will pay for maintenance of
the recreational venue from the municipality's general fund.
ARTICLE 24. CHANGES RELATING TO TRANSPORTATION CODE
PART A. GENERAL CHANGES
SECTION 24.001. Section 91.004(c), Transportation Code, as
amended by Chapters 16 (H.B. 2434) and 85 (S.B. 1540), Acts of the
81st Legislature, Regular Session, 2009, is reenacted and amended
to read as follows:
(c) Subsection (b) does not apply to money appropriated or
allocated:
(1) to a transit authority described by Chapter 451, a
transportation authority described by Chapter 452 or 460, or a
transit department described by Chapter 453; or
(2) for use by:
(A) a port authority or navigation district
created or operating under Section 52, Article III, or Section 59,
Article XVI, Texas Constitution; or
(B) a district created under:
(i) Chapter 171;
(ii) Chapter 172 of this code or Chapter
623, Acts of the 67th Legislature, Regular Session, 1981 (former
Article 6550c, Vernon's Texas Civil Statutes);
(iii) Chapter 173 of this code or former
Article 6550c-1, Revised Statutes; or
(iv) Chapter 174 of this code or former
Article 6550c-3, Revised Statutes.
SECTION 24.002. Section 171.256(a), Transportation Code,
is amended to correct a reference to read as follows:
(a) Section 173.256(d) [8(d), Article 6550c-1, Revised
Statutes], relating to the limit on payments made by a local
government, does not apply to a district to which Section 171.053
applies.
SECTION 24.003. (a) Section 173.052, Transportation Code,
as effective April 1, 2011, is amended to conform to Section 1,
Chapter 749 (S.B. 581), Acts of the 81st Legislature, Regular
Session, 2009, to read as follows:
Sec. 173.052. ADDITION OF POLITICAL SUBDIVISION OR OTHER
PUBLIC ENTITY TO DISTRICT. The following political subdivisions
and other public entities may become a part of a district with the
approval of the governing body of the political subdivision or
public entity:
(1) a county located adjacent to the county in which a
creating municipality is located; [and]
(2) a municipality with a population of more than
18,000 located in a county described by Subdivision (1); and
(3) a public entity located in a county that has become
part of the district.
(b) Section 1, Chapter 749 (S.B. 581), Acts of the 81st
Legislature, Regular Session, 2009, which amended Subsection (c),
Section 2, Article 6550c-1, Revised Statutes, is repealed.
SECTION 24.004. (a) Section 173.102(a), Transportation
Code, as effective April 1, 2011, is amended to conform to Section
2, Chapter 749 (S.B. 581), Acts of the 81st Legislature, Regular
Session, 2009, to read as follows:
(a) The board is composed of:
(1) two public directors appointed by the commission;
(2) one elected member of the governing body of each
political subdivision that has become a part of the district under
Subchapter B;
(3) one elected director appointed by the regional
planning organization of which a creating municipality is a part;
(4) one director appointed by each creating
municipality to represent the business community of the
municipality;
(5) one director appointed by each authority created
under Chapter 451 that serves a creating municipality;
(6) one director appointed by each county in which a
creating municipality is located to represent transportation
providers that provide service to rural areas in the county; [and]
(7) one member appointed by each public entity that
has become a part of the district under Section 173.052; and
(8) one director appointed by all other directors to
represent all municipalities in the district that do not otherwise
have representation on the board who is an elected official of one
of those municipalities.
(b) Subchapter D, Chapter 173, Transportation Code, as
effective April 1, 2011, is amended to conform to Section 2, Chapter
749 (S.B. 581), Acts of the 81st Legislature, Regular Session,
2009, by adding Section 173.161 to read as follows:
Sec. 173.161. CHANGING NAME OF DISTRICT. The board shall
adopt a name for the district and may by resolution change the name
of the district.
(c) Section 2, Chapter 749 (S.B. 581), Acts of the 81st
Legislature, Regular Session, 2009, which amended Section 3,
Article 6550c-1, Revised Statutes, by amending Subsection (b) and
adding Subsection (i), is repealed.
SECTION 24.005. (a) Section 173.201, Transportation Code,
as effective April 1, 2011, is amended to conform to Section 3,
Chapter 749 (S.B. 581), Acts of the 81st Legislature, Regular
Session, 2009, to read as follows:
Sec. 173.201. GENERAL AUTHORITY OVER COMMUTER RAIL
FACILITIES. A district may acquire, construct, develop, own,
operate, and maintain intermodal and commuter rail facilities, or
intercity or other types of passenger rail services, inside, or
connect political subdivisions in, the district.
(b) Section 3, Chapter 749 (S.B. 581), Acts of the 81st
Legislature, Regular Session, 2009, which amended Subsection (e),
Section 4, Article 6550c-1, Revised Statutes, is repealed.
SECTION 24.006. Section 501.035(b), Transportation Code,
is amended to correct a reference to read as follows:
(b) In this section, "former military vehicle" has the
meaning assigned by Section 504.502(i) [502.275(o)].
SECTION 24.007. Section 502.1715(c), Transportation Code,
as amended by Chapters 892 (S.B. 1670) and 1108 (H.B. 2337), Acts of
the 79th Legislature, Regular Session, 2005, is reenacted to read
as follows:
(c) Fees collected under this section shall be deposited to
the credit of the state highway fund. Subject to appropriation, the
money may be used by the Department of Public Safety, the Texas
Department of Insurance, the Department of Information Resources,
and the department to carry out Subchapter N, Chapter 601.
SECTION 24.008. Section 521.054(a), Transportation Code,
as amended by Chapters 316 (H.B. 598) and 1146 (H.B. 2730), Acts of
the 81st Legislature, Regular Session, 2009, is reenacted to read
as follows:
(a) This section applies to a person who:
(1) after applying for or being issued a license or
certificate moves to a new residence address;
(2) has used the procedure under Section 521.121(c)
and whose status as a federal judge, a state judge, or the spouse of
a federal or state judge becomes inapplicable; or
(3) changes the person's name by marriage or
otherwise.
SECTION 24.009. Section 521.121(a), Transportation Code,
as amended by Chapters 316 (H.B. 598) and 1146 (H.B. 2730), Acts of
the 81st Legislature, Regular Session, 2009, is reenacted to read
as follows:
(a) The driver's license must include:
(1) a distinguishing number assigned by the department
to the license holder;
(2) a color photograph of the entire face of the
holder;
(3) the full name and date of birth of the holder;
(4) a brief description of the holder; and
(5) the license holder's residence address or, for a
license holder using the procedure under Subsection (c), the street
address of the courthouse in which the license holder or license
holder's spouse serves as a federal judge or state judge.
SECTION 24.010. Section 521.121(d), Transportation Code,
as added by Chapter 1146 (H.B. 2730), Acts of the 81st Legislature,
Regular Session, 2009, is repealed as duplicative of Section
521.121(c), Transportation Code, as added by Chapter 316 (H.B.
598), Acts of the 81st Legislature, Regular Session, 2009.
SECTION 24.011. Section 521.142(c), Transportation Code,
as amended by Chapters 316 (H.B. 598) and 1146 (H.B. 2730), Acts of
the 81st Legislature, Regular Session, 2009, is reenacted to read
as follows:
(c) The application must state:
(1) the sex of the applicant;
(2) the residence address of the applicant, or if the
applicant is a federal judge, a state judge, or the spouse of a
federal or state judge using the procedure developed under Section
521.121(c), the street address of the courthouse in which the
applicant or the applicant's spouse serves as a federal judge or a
state judge;
(3) whether the applicant has been licensed to drive a
motor vehicle before;
(4) if previously licensed, when and by what state or
country;
(5) whether that license has been suspended or revoked
or a license application denied;
(6) the date and reason for the suspension,
revocation, or denial;
(7) whether the applicant is a citizen of the United
States; and
(8) the county of residence of the applicant.
SECTION 24.012. Section 548.052, Transportation Code, is
amended to correct a reference to read as follows:
Sec. 548.052. VEHICLES NOT SUBJECT TO INSPECTION. This
chapter does not apply to:
(1) a trailer, semitrailer, pole trailer, or mobile
home moving under or bearing a current factory-delivery license
plate or current in-transit license plate;
(2) a vehicle moving under or bearing a paper dealer
in-transit tag, machinery license, disaster license, parade
license, prorate tab, one-trip permit, antique license, temporary
24-hour permit, or permit license;
(3) a trailer, semitrailer, pole trailer, or mobile
home having an actual gross weight or registered gross weight of
4,500 pounds or less;
(4) farm machinery, road-building equipment, a farm
trailer, or a vehicle required to display a slow-moving-vehicle
emblem under Section 547.703;
(5) a former military vehicle, as defined by Section
504.502 [502.275];
(6) a vehicle qualified for a tax exemption under
Section 152.092, Tax Code; or
(7) a vehicle for which a certificate of title has been
issued but that is not required to be registered.
SECTION 24.013. Section 548.508, Transportation Code, is
amended to correct a reference to read as follows:
Sec. 548.508. DISPOSITION OF FEES. Except as provided by
Sections [382.037 and] 382.0622 and 382.202, Health and Safety
Code, and Section 548.5055, each fee collected by the department
under this subchapter shall be deposited to the credit of the Texas
mobility fund.
SECTION 24.014. Section 551.301, Transportation Code, as
amended by Chapters 281 (H.B. 2702) and 1242 (H.B. 1596), Acts of
the 79th Legislature, Regular Session, 2005, and Chapter 722 (S.B.
129), Acts of the 81st Legislature, Regular Session, 2009, is
reenacted to read as follows:
Sec. 551.301. DEFINITION. In this subchapter,
"neighborhood electric vehicle" means a vehicle that can attain a
maximum speed of 35 miles per hour on a paved level surface and
otherwise complies with Federal Motor Vehicle Safety Standard 500
(49 C.F.R. Section 571.500).
SECTION 24.015. Section 551.351, Transportation Code, is
amended to conform to Chapters 281 (H.B. 2702) and 1242 (H.B. 1596),
Acts of the 79th Legislature, Regular Session, 2005, to read as
follows:
Sec. 551.351. DEFINITIONS [DEFINITION]. In this
subchapter:
(1) "Motor-assisted scooter":
(A)[, "motor-assisted scooter"] means a
self-propelled device with:
(i) [(1)] at least two wheels in contact
with the ground during operation;
(ii) [(2)] a braking system capable of
stopping the device under typical operating conditions;
(iii) [(3)] a gas or electric motor not
exceeding 40 cubic centimeters;
(iv) [(4)] a deck designed to allow a
person to stand or sit while operating the device; and
(v) [(5)] the ability to be propelled by
human power alone; and
(B) does not include a pocket bike or a
minimotorbike.
(2) "Pocket bike or minimotorbike" means a
self-propelled vehicle that is equipped with an electric motor or
internal combustion engine having a piston displacement of less
than 50 cubic centimeters, is designed to propel itself with not
more than two wheels in contact with the ground, has a seat or
saddle for the use of the operator, is not designed for use on a
highway, and is ineligible for a certificate of title under Chapter
501. The term does not include:
(A) a moped or motorcycle;
(B) an electric bicycle or motor-driven cycle, as
defined by Section 541.201;
(C) a motorized mobility device, as defined by
Section 542.009;
(D) an electric personal assistive mobility
device, as defined by Section 551.201; or
(E) a neighborhood electric vehicle, as defined
by Section 551.301.
SECTION 24.016. Section 601.052(c)(1), Transportation
Code, is amended to correct a reference to read as follows:
(1) "Former military vehicle" has the meaning assigned
by Section 504.502(i) [502.275(o)].
SECTION 24.017. Section 681.008(b), Transportation Code,
as amended by Chapters 115 (H.B. 2020) and 319 (H.B. 618), Acts of
the 81st Legislature, Regular Session, 2009, is reenacted to read
as follows:
(b) A vehicle on which license plates described by
Subsection (a)(2) or issued under Section 504.202, Section
504.315(c), (d), (e), (f), or (g), or Section 504.316 are displayed
is exempt from the payment of a parking fee collected through a
parking meter charged by a governmental authority other than a
branch of the federal government, when being operated by or for the
transportation of:
(1) the person who registered the vehicle under
Section 504.202(a), Section 504.315(c), (d), (e), (f), or (g), or
Section 504.316;
(2) a person described in Section 504.202(b) if the
vehicle is registered under that subsection; or
(3) the owner or operator of a vehicle displaying
license plates described by Subsection (a)(2).
SECTION 24.018. Section 707.017, Transportation Code, as
amended by Chapters 266 (H.B. 2530), 542 (S.B. 1617), and 933 (H.B.
3097), Acts of the 81st Legislature, Regular Session, 2009, is
reenacted to read as follows:
Sec. 707.017. ENFORCEMENT. (a) If the owner of a motor
vehicle is delinquent in the payment of a civil penalty imposed
under this chapter, the county assessor-collector or the Texas
Department of Motor Vehicles may refuse to register a motor vehicle
alleged to have been involved in the violation.
(b) This section does not apply to the registration of a
motor vehicle under Section 501.0234.
PART B. CODIFICATION OF CERTAIN RAILROAD PROVISIONS IN
TRANSPORTATION CODE
SECTION 24.101. Title 5, Transportation Code, is amended to
codify Chapter 11 (S.B. 56), General Laws, Acts of the 39th
Legislature, Regular Session, 1925 (Articles 6559a, 6559b, 6559c,
6559d, 6559e, and 6559f, Vernon's Texas Civil Statutes); Chapter
232 (S.B. 839), Acts of the 67th Legislature, Regular Session, 1981
(Article 6419a, Vernon's Texas Civil Statutes); Chapter 214 (S.B.
1102), Acts of the 71st Legislature, Regular Session, 1989 (Article
6492a, Vernon's Texas Civil Statutes); Chapter 350 (S.B. 1101),
Acts of the 71st Legislature, Regular Session, 1989 (Article 6419c,
Vernon's Texas Civil Statutes); Section 1, Chapter 101 (S.B. 169),
Acts of the 40th Legislature, Regular Session, 1927 (Article 6541a,
Vernon's Texas Civil Statutes); Section 1, Chapter 209 (H.B. 95),
Acts of the 45th Legislature, Regular Session, 1937 (Article 6541b,
Vernon's Texas Civil Statutes); and Section 1, Chapter 256 (H.B.
12), Acts of the 40th Legislature, Regular Session, 1927 (Article
6550a1, Vernon's Texas Civil Statutes), by adding Subtitle Z to
read as follows:
SUBTITLE Z. MISCELLANEOUS PROVISIONS
CHAPTER 191. STRUCTURES AND MATERIALS NEAR RAILROAD OR RAILWAY
Sec. 191.001. HEIGHT OF STRUCTURES OVER TRACKS. (a) In
this section, "structure" includes a bridge, viaduct, overheadway,
footbridge, or wire.
(b) The bottom of the lowest sill, girder, or crossbeam or
the lowest downward projection of a structure built by the state, a
county or municipality, or a railroad company or other corporation,
firm, partnership, or individual over the tracks of a railway or
railroad shall be placed at least 22 feet above the top of the rails
of the tracks.
(c) A roof projection built from a loading platform along a
railroad main track, siding track, spur, or switch shall be at least
22 feet above the rails of the track.
Sec. 191.002. DISTANCE OF STRUCTURES AND MATERIALS FROM
TRACKS. (a) A loading platform, house, fence, or other structure
built, and lumber, wood, or other material placed, along a railroad
in this state, either on or near the right-of-way of a main line or
on or near a spur, switch, or siding of the railroad, shall be built
or placed so that the nearest edge of the platform, the wall of the
building, or the material is at least 8-1/2 feet from the center of
the main line, spur, switch, or siding.
(b) The edge of a roof projection from a loading platform
along a railroad main track, siding track, spur, or switch shall be
at least 8-1/2 feet horizontally from the center of the track.
Sec. 191.003. EXCEPTION. Sections 191.001 and 191.002 do
not apply to:
(1) a structure that had been built or was in the
course of construction on June 18, 1925, or for the building of
which material had been purchased on that date as provided by a
prior contract or plan; or
(2) material that had been placed on June 18, 1925, or
purchased for placing on that date as provided by a prior contract
or plan.
Sec. 191.004. RULES. The department shall adopt rules in
accordance with this chapter.
Sec. 191.005. WAIVER OF PROVISION. (a) On filing of an
application and after notice to the attorney general, the
department, for good cause shown, may by order permit a railroad
company or other corporation, firm, partnership, or individual or a
county or municipality to deviate from a provision of this chapter
in accordance with the order.
(b) An action in accordance with an order issued under this
section is not considered to violate this chapter.
Sec. 191.006. CIVIL PENALTY. (a) The attorney general
shall immediately bring an action against a railroad company or
other corporation, firm, partnership, or individual who violates
this chapter to collect a civil penalty in an amount of not less
than $100 or more than $1,000 for each violation. Each day that a
violation continues is a separate violation.
(b) The attorney general may bring a single action for
multiple violations by the same corporation, firm, partnership, or
individual.
CHAPTER 192. ENGINEER'S OPERATOR PERMIT AND TRAIN OPERATOR PERMIT
Sec. 192.001. ISSUANCE OF PERMIT. (a) A railroad company
shall issue an engineer's operator permit to each person whom the
company employs to operate or permits to operate a railroad
locomotive in this state.
(b) A railroad company shall issue a train operator permit
to each person:
(1) whom the company employs to operate or permits to
operate a train in this state; and
(2) who has not been issued an engineer's operator
permit.
Sec. 192.002. PERMIT REQUIRED. (a) A person operating a
railroad locomotive in this state shall have in the person's
immediate possession an engineer's operator permit issued under
this chapter.
(b) A person operating a train in this state, other than a
person issued a permit under Section 192.001(a), shall have in the
person's immediate possession a train operator permit issued under
this chapter.
Sec. 192.003. FORM OF PERMIT. A permit issued under this
chapter must include the permit holder's name, address, physical
description, photograph, and date of birth.
Sec. 192.004. PROOF OF IDENTIFICATION. If a peace officer
requires a person to show proof of identification in connection
with the person's operation of a railroad locomotive or train, the
person:
(1) shall display the person's permit issued under
this chapter; and
(2) may not be required to display a driver's license
issued under Chapter 521 or commercial driver's license issued
under Chapter 522.
Sec. 192.005. RECORD OF ACCIDENT OR VIOLATION. If a person
operating a railroad locomotive or train is involved in an accident
with another train or a motor vehicle or is arrested for violation
of a law relating to the person's operation of a railroad locomotive
or train:
(1) the number of or other identifying information on
the person's driver's license or commercial driver's license may not
be included in any report of the accident or violation; and
(2) the person's involvement in the accident or
violation may not be recorded in the person's individual driving
record maintained by the Department of Public Safety.
CHAPTER 193. HAZARDOUS MATERIALS
Sec. 193.001. HAZARDOUS MATERIALS; PACKING AND
TRANSPORTATION. (a) Except as provided by Subsection (b), the
department by rule may adopt any requirement that:
(1) relates to the safe packing or transportation of
hazardous materials; and
(2) is consistent with Chapter 51, Title 49, United
States Code, or regulations adopted under that law.
(b) The department may not adopt a requirement for the
transportation of hazardous materials by vessel or by aircraft.
(c) The department may adopt any administrative rules
necessary to implement this section.
Sec. 193.002. HAZARDOUS MATERIALS; REPORTS. (a) In this
section, "hazardous material" means any substance the
transportation of which by railroad is included within the coverage
of rail car placarding requirements of regulations adopted by the
United States Department of Transportation and published in Title
49, Code of Federal Regulations.
(b) A railroad company that transports hazardous materials
in or through this state shall file with the department a copy of
each hazardous materials incident report that the company files
with the United States Department of Transportation under 49 C.F.R.
Section 171.16. The copy must be filed not later than the 15th day
after the date the incident that forms the basis of the report is
discovered.
(c) Not later than April 1 of each year, a railroad company
that transports hazardous materials in or through the state shall
provide to the department:
(1) a map depicting the location of each railroad main
line and branch line that the company owns, leases, or operates in
the state;
(2) a map delineating the geographical limits of the
company operating divisions or districts and identifying the
principal operating officer for the company in each operating
division or district;
(3) a primary and secondary telephone number for the
company dispatcher responsible for train operations in each
operating division or district;
(4) a list of each type of hazardous material by hazard
class and the quantity of the material transported over each
railroad line owned, leased, or operated by the company during the
preceding year; and
(5) the name and address of the company employee in
charge of training persons to handle an incident related to
hazardous materials.
(d) For the purposes of Subsection (c)(4), "hazard class"
means any one of the following, as defined by 49 C.F.R. Part 173,
or, with respect to hazardous waste, listed as a substance subject
to 40 C.F.R. Part 262:
(1) radioactive material;
(2) explosives, Class A;
(3) explosives, Class B;
(4) poison A;
(5) poison B;
(6) flammable gas;
(7) nonflammable gas;
(8) flammable liquid;
(9) oxidizer;
(10) flammable solid;
(11) corrosive material;
(12) combustible liquid;
(13) etiologic agent;
(14) other regulated material (ORM); or
(15) hazardous waste.
(e) If a substance fits the definition of more than one
hazard class, the substance must be classified in accordance with
the sequence stated in 49 C.F.R. Section 173.2a.
(f) The department shall compile information submitted to
the department under this section for distribution to local
emergency management agencies located in jurisdictions containing
reported railroad operations.
(g) At least once each year the Texas Division of Emergency
Management shall distribute the information compiled by the
department to the appropriate officials for inclusion in local
emergency management plans established under Subchapter E, Chapter
418, Government Code.
CHAPTER 194. PROVISION OF UTILITIES BY CERTAIN RAILWAY
CORPORATIONS
Sec. 194.001. EXTENSION OF UTILITY LINES. (a) This
section applies only to a corporation organized under the laws of
this state that is authorized to:
(1) construct, acquire, and operate electric or other
lines of railway in and between municipalities in this state; and
(2) acquire, hold, and operate other public utilities
in and adjacent to the municipalities in or through which the
corporation operates.
(b) A corporation described by Subsection (a) may extend its
electric light, power, or gas lines to supply light, power, or gas,
as appropriate, to the public residing beyond the territory
adjacent to the municipalities in or through which the corporation
operates.
(c) For the purpose of extending a line described by
Subsection (b), the corporation has the same rights and powers of
extension held by a public service corporation engaged in the
supply and sale of electric light, power, or gas as provided by law.
(d) The authority granted under this section does not
expressly or impliedly repeal any antitrust law of this state.
Sec. 194.002. DISTRIBUTION OF GAS OR ELECTRICITY FOLLOWING
ABANDONMENT OF STREET RAILWAY. (a) This section applies only to a
private corporation that on April 26, 1937, was authorized by its
charter and the statutes of this state to operate street and
interurban railways and had the power to distribute and sell gas or
electricity to the public.
(b) During the unexpired period of its corporate charter, a
corporation that abandons or discontinues or has abandoned or
discontinued the operation of its railways or motor buses
substituted for the railways may continue to distribute and sell
electricity or gas as authorized by its corporate charter and
statutes in the same manner as if the abandonment or
discontinuation had not occurred.
[Chapters 195-198 reserved for expansion]
CHAPTER 199. MISCELLANEOUS PROVISIONS
Sec. 199.001. AERIAL OR OTHER TRAMWAY TO MINE. (a) This
section applies only to a person, firm, corporation, limited
partnership, joint stock association, or other association that
owns, constructs, operates, or manages an aerial or other tramway
in this state between a mine, smelter, or railway.
(b) An entity described by Subsection (a) may hold and
acquire by purchase or condemnation right-of-way. In the exercise
of this right, the entity:
(1) is considered to be a common carrier;
(2) is subject to the jurisdiction and control of the
department; and
(3) may exercise the power of eminent domain under
which the entity may enter and condemn land, right-of-way,
easements, or property of any person or corporation necessary for
the construction, maintenance, or operation of the entity's aerial
or other tramway.
(c) The power of eminent domain under Subsection (b) is
exercised in the manner provided by law for the condemnation of land
and acquisition of right-of-way by a railroad company.
SECTION 24.102. The following provisions are repealed:
(1) Chapter 232 (S.B. 839), Acts of the 67th
Legislature, Regular Session, 1981 (Article 6419a, Vernon's Texas
Civil Statutes);
(2) Chapter 350 (S.B. 1101), Acts of the 71st
Legislature, Regular Session, 1989 (Article 6419c, Vernon's Texas
Civil Statutes);
(3) Chapter 214 (S.B. 1102), Acts of the 71st
Legislature, Regular Session, 1989 (Article 6492a, Vernon's Texas
Civil Statutes);
(4) Section 1, Chapter 101 (S.B. 169), Acts of the 40th
Legislature, Regular Session, 1927 (Article 6541a, Vernon's Texas
Civil Statutes);
(5) Section 1, Chapter 209 (H.B. 95), Acts of the 45th
Legislature, Regular Session, 1937 (Article 6541b, Vernon's Texas
Civil Statutes);
(6) Chapter 337 (S.B. 193), Acts of the 45th
Legislature, Regular Session, 1937 (Article 6548a, Vernon's Texas
Civil Statutes);
(7) Section 1, Chapter 256 (H.B. 12), Acts of the 40th
Legislature, Regular Session, 1927 (Article 6550a1, Vernon's Texas
Civil Statutes); and
(8) Chapter 11 (S.B. 56), General Laws, Acts of the
39th Legislature, Regular Session, 1925 (Articles 6559a, 6559b,
6559c, 6559d, 6559e, and 6559f, Vernon's Texas Civil Statutes).
ARTICLE 25. CHANGES RELATING TO UTILITIES CODE
SECTION 25.001. Section 15.024(c), Utilities Code, as
amended by Chapters 1212 (S.B. 560) and 1579 (S.B. 86), Acts of the
76th Legislature, Regular Session, 1999, is reenacted to read as
follows:
(c) A penalty may not be assessed under this section if the
person against whom the penalty may be assessed remedies the
violation before the 31st day after the date the person receives the
notice under Subsection (b). A person who claims to have remedied
an alleged violation has the burden of proving to the commission
that the alleged violation was remedied and was accidental or
inadvertent. This subsection does not apply to a violation of
Chapter 17, 55, or 64.
SECTION 25.002. Section 121.201(d), Utilities Code, is
amended to correct a reference to read as follows:
(d) In this subsection, "telecommunications service" and
"information service" have the meanings assigned by 47 U.S.C.
Section 153. Notwithstanding Subsection (a), this title does not
grant the railroad commission jurisdiction or right-of-way
management authority over a provider of telecommunications service
or information service. A provider of telecommunications service
or information service shall comply with all applicable safety
standards, including those provided by Subchapter H [G], Chapter
756, Health and Safety Code.
ARTICLE 26. CHANGES RELATING TO WATER CODE
SECTION 26.001. Section 11.128, Water Code, is amended to
correct a reference to read as follows:
Sec. 11.128. PAYMENT OF FEE. If the applicant is not
exempted from payment of the filing fee under Section 12.112 of this
code, he shall pay the filing fee prescribed by Section 5.701(c)
[12.111(b) of this code] at the time he files the application. The
commission shall not record, file, or consider the application
until the executive director certifies to the commission that the
fee is paid.
SECTION 26.002. Section 11.143(h), Water Code, is amended
to correct a reference to read as follows:
(h) The applicant shall pay the filing fee prescribed by
Section 5.701(c) [12.111(b) of this code] at the time he files the
application.
SECTION 26.003. Section 26.129, Water Code, is amended to
correct a reference to read as follows:
Sec. 26.129. DUTY OF PARKS AND WILDLIFE DEPARTMENT. The
Parks and Wildlife Department and its authorized employees shall
enforce the provisions of this chapter to the extent that any
violation affects aquatic life and wildlife as provided in Section
7.109 [26.124(b) of this code].
SECTION 26.004. Section 26.264(a), Water Code, is amended
to conform to the repeal of Section 40.053, Natural Resources Code,
by Chapter 146 (S.B. 619), Acts of the 78th Legislature, Regular
Session, 2003, to read as follows:
(a) Except as provided in Chapter 40, Natural Resources
Code, the commission shall be the state's lead agency in spill
response, shall conduct spill response for the state, and shall
otherwise administer this subchapter. The commission shall conduct
spill response and cleanup for spills and discharges of hazardous
substances other than oil in or threatening coastal waters
[according to the applicable provisions of the state coastal
discharge contingency plan promulgated by the commission under
Section 40.053, Natural Resources Code]. The commission shall
cooperate with other agencies, departments, and subdivisions of
this state and of the United States in implementing this
subchapter. In the event of a discharge or spill and after
reasonable effort to obtain entry rights from each property owner
involved, if any, the executive director may enter affected
property to carry out necessary spill response actions.
SECTION 26.005. Section 26.264(k), Water Code, is amended
to correct a reference to read as follows:
(k) In the event that a discharge or spill presents or
threatens to present an occurrence of disaster proportions, the
governor shall utilize the authority granted him under Chapter 418,
Government Code, [the Texas Disaster Act of 1975 (Article 6889-7,
Vernon's Texas Civil Statutes)] to make available and bring to bear
all resources of the state to prevent or lessen the impact of such a
disaster.
SECTION 26.006. Section 49.103(g), Water Code, is amended
to correct a reference to read as follows:
(g) A district may, if required under this section to change
the terms of office of directors to four-year terms or to change the
date on which the district holds a director election, extend the
terms of office of directors serving the district on the effective
date of Chapter 1070 (S.B. 1865) [H.B. No. 2236], Acts of the 75th
Legislature, Regular Session, 1997, to continue the terms until the
next appropriate election date in an even-numbered year. A
district that is required under this section to change the terms of
office of directors to staggered terms may require directors of the
district to draw lots to achieve staggered terms.
SECTION 26.007. Section 60.4035(a), Water Code, as amended
by Chapters 415 (H.B. 1972) and 1191 (H.B. 3785), Acts of the 81st
Legislature, Regular Session, 2009, is reenacted to read as
follows:
(a) Notwithstanding the competitive bidding requirements
and proposal procedures of this subchapter and Subchapter O and the
requirements of Sections 60.408(a), (b), (c), (d), and (e), the
executive director of a district or an officer of a district
authorized in writing by the port commission may make emergency
purchases or contracts or emergency amendments to existing purchase
orders or contracts in an amount that exceeds the amount authorized
under Section 60.403(a) for routine purchases or contracts if
necessary:
(1) to preserve or protect the public health and
safety of the residents of the district;
(2) to preserve the property of the district in the
case of a public calamity;
(3) to repair unforeseen damage to the property of the
district; or
(4) to respond to security directives issued by:
(A) the federal Department of Homeland Security,
including the Transportation Security Administration;
(B) the United States Coast Guard;
(C) the federal Department of Transportation,
including the Maritime Administration; or
(D) another federal or state agency responsible
for domestic security.
SECTION 26.008. Section 60.404(a), Water Code, as amended
by Chapters 415 (H.B. 1972) and 1191 (H.B. 3785), Acts of the 81st
Legislature, Regular Session, 2009, is reenacted to read as
follows:
(a) If the materials, supplies, machinery, equipment, or
other items to be purchased or contracted for are valued at an
amount greater than the amount authorized under Section 60.403(a)
for routine purchases or contracts, notice shall be published as
provided by this section.
SECTION 26.009. Section 60.406(a), Water Code, as amended
by Chapters 415 (H.B. 1972) and 1191 (H.B. 3785), Acts of the 81st
Legislature, Regular Session, 2009, is reenacted to read as
follows:
(a) Except as otherwise provided by Section 60.4035 or
60.412, before a district or port authority may purchase one or more
items under a contract that will require an expenditure of more than
the amount authorized under Section 60.403(a) for routine purchases
or contracts, the port commission of that district or port
authority must comply with the competitive bidding requirements or
proposal procedures provided by this subchapter or Subchapter O.
All bids must be sealed.
SECTION 26.010. Section 60.414, Water Code, is amended to
correct a reference to read as follows:
Sec. 60.414. APPLICATION OF OTHER LAW. If a district or
port authority is subject to the requirements of Subchapter B,
Chapter 271, Local Government Code [Chapter 770, Acts of the 66th
Legislature, Regular Session, 1979 (Article 2368a.3, Vernon's
Texas Civil Statutes)], those requirements are in addition to the
requirements of this subchapter.
ARTICLE 27. REDESIGNATIONS
SECTION 27.001. The following provisions of enacted codes
are redesignated to eliminate duplicate citations or to relocate
misplaced provisions:
(1) Subsection (a-1), Section 125.045, Civil Practice
and Remedies Code, as added by Chapters 258 (S.B. 11), 849 (H.B.
1121), and 990 (S.B. 1288), Acts of the 80th Legislature, Regular
Session, 2007, is redesignated as Subsection (a-2), Section
125.045, Civil Practice and Remedies Code.
(2) Section 9, Article 42.01, Code of Criminal
Procedure, as added by Chapter 1400 (H.B. 221), Acts of the 81st
Legislature, Regular Session, 2009, is redesignated as Section 10,
Article 42.01, Code of Criminal Procedure.
(3) Section 13E, Article 42.12, Code of Criminal
Procedure, as added by Chapter 755 (S.B. 689), Acts of the 81st
Legislature, Regular Session, 2009, is redesignated as Section 13G,
Article 42.12, Code of Criminal Procedure.
(4) Subdivision (11), Article 62.001, Code of Criminal
Procedure, as added by Chapter 755 (S.B. 689), Acts of the 81st
Legislature, Regular Session, 2009, is redesignated as Subdivision
(12), Article 62.001, Code of Criminal Procedure.
(5) Subsection (d), Section 28.002, Education Code, as
added by Chapter 895 (H.B. 3), Acts of the 81st Legislature, Regular
Session, 2009, is redesignated as Subsection (c-2), Section 28.002,
Education Code.
(6) Section 39.205, Education Code, as added by
Chapter 393 (H.B. 1705), Acts of the 81st Legislature, Regular
Session, 2009, is transferred to Subchapter D, Chapter 39,
Education Code, and redesignated as Section 39.086, Education Code.
(7) Section 51.969, Education Code, as added by
Chapter 889 (H.B. 2426), Acts of the 80th Legislature, Regular
Session, 2007, is redesignated as Section 51.976, Education Code.
(8) Subchapter O, Chapter 61, Education Code, as added
by Chapter 609 (S.B. 487), Acts of the 73rd Legislature, Regular
Session, 1993, is redesignated as Subchapter P, Chapter 61,
Education Code.
(9) Subchapter P, Chapter 61, Education Code, as added
by Chapter 682 (H.B. 1261), Acts of the 73rd Legislature, Regular
Session, 1993, and redesignated and amended by Chapter 260 (S.B.
1), Acts of the 74th Legislature, Regular Session, 1995, is
redesignated as Subchapter Q, Chapter 61, Education Code.
(10) Subchapter Q, Chapter 61, Education Code, as
added by Chapter 265 (H.B. 2978), Acts of the 80th Legislature,
Regular Session, 2007, is redesignated as Subchapter P-1, Chapter
61, Education Code.
(11) Section 15.4024, Finance Code, as added by
Chapter 695 (H.B. 2735), Acts of the 81st Legislature, Regular
Session, 2009, is redesignated as Section 15.4025, Finance Code.
(12) Subdivision (1-a), Section 348.001, Finance
Code, as added by Chapter 149 (S.B. 1966), Acts of the 81st
Legislature, Regular Session, 2009, is redesignated as Subdivision
(1-b), Section 348.001, Finance Code.
(13) Subsection (c), Section 348.501, Finance Code, as
added by Chapter 676 (H.B. 2438), Acts of the 81st Legislature,
Regular Session, 2009, is redesignated as Subsection (d), Section
348.501, Finance Code.
(14) Subsection (m), Section 403.302, Government
Code, as added by Chapter 288 (H.B. 8), Acts of the 81st
Legislature, Regular Session, 2009, is redesignated as Subsection
(m-1), Section 403.302, Government Code.
(15) Section 411.052, Government Code, as added by
Chapter 1179 (H.B. 3594), Acts of the 81st Legislature, Regular
Session, 2009, is redesignated as Section 411.053, Government Code.
(16) Section 418.050, Government Code, as added by
Chapter 1146 (H.B. 2730), Acts of the 81st Legislature, Regular
Session, 2009, is redesignated as Section 418.0501, Government
Code.
(17) Section 419.908, Government Code, as added by
Chapter 994 (H.B. 3866), Acts of the 81st Legislature, Regular
Session, 2009, is redesignated as Section 419.909, Government Code.
(18) Section 501.091, Government Code, as added by
Chapter 1389 (S.B. 1847), Acts of the 81st Legislature, Regular
Session, 2009, is redesignated as Section 501.101, Government Code.
(19) Section 501.091, Government Code, as added by
Chapter 180 (H.B. 1736), Acts of the 81st Legislature, Regular
Session, 2009, is redesignated as Section 501.102, Government Code.
(20) Section 552.151, Government Code, as added by
Chapter 283 (S.B. 1068), Acts of the 81st Legislature, Regular
Session, 2009, is redesignated as Section 552.152, Government Code.
(21) Section 811.010, Government Code, as added by
Chapter 232 (S.B. 1589), Acts of the 81st Legislature, Regular
Session, 2009, is redesignated as Section 811.012, Government Code.
(22) Section 2305.201, Government Code, is
transferred to Subchapter B, Chapter 403, Government Code, and
redesignated as Section 403.028, Government Code.
(23) Section 2306.6736, Government Code, as added by
Chapter 1423 (S.B. 1717), Acts of the 81st Legislature, Regular
Session, 2009, is redesignated as Section 2306.6738, Government
Code.
(24) Section 33.017, Health and Safety Code, as added
by Chapter 179 (H.B. 1672), Acts of the 81st Legislature, Regular
Session, 2009, is redesignated as Section 33.018, Health and Safety
Code.
(25) Chapter 115, Health and Safety Code, as added by
Chapter 733 (S.B. 395), Acts of the 81st Legislature, Regular
Session, 2009, is redesignated as Chapter 116, Health and Safety
Code, and Sections 115.001, 115.002, 115.003, 115.004, 115.005,
115.006, 115.007, 115.008, 115.009, 115.010, 115.011, and 115.012,
Health and Safety Code, as added by that Act, are redesignated as
Sections 116.001, 116.002, 116.003, 116.004, 116.005, 116.006,
116.007, 116.008, 116.009, 116.010, 116.011, and 116.012, Health
and Safety Code, respectively.
(26) Subchapter J, Chapter 242, Health and Safety
Code, is redesignated as Subchapter H-2, Chapter 242, Health and
Safety Code.
(27) Subsection (a-1), Section 250.003, Health and
Safety Code, as added by Chapter 436 (H.B. 2191), Acts of the 81st
Legislature, Regular Session, 2009, is redesignated as Subsection
(a-2), Section 250.003, Health and Safety Code.
(28) Chapter 254, Health and Safety Code, as added by
Chapter 1106 (H.B. 216), Acts of the 81st Legislature, Regular
Session, 2009, is redesignated as Chapter 260, Health and Safety
Code, and Sections 254.001, 254.002, 254.003, 254.004, 254.005,
254.006, 254.007, 254.008, 254.009, 254.010, and 254.011, Health
and Safety Code, as added by that Act, are redesignated as Sections
260.001, 260.002, 260.003, 260.004, 260.005, 260.006, 260.007,
260.008, 260.009, 260.010, and 260.011, Health and Safety Code,
respectively.
(29) Sections 382.501 and 382.502, Health and Safety
Code, as added as part of Subchapter J, Chapter 382, Health and
Safety Code, by Section 29, Chapter 1125 (H.B. 1796), Acts of the
81st Legislature, Regular Session, 2009, are redesignated as
Sections 382.451 and 382.452, Health and Safety Code, respectively.
(30) Chapter 391, Health and Safety Code, as added by
Chapter 1232 (S.B. 1759), Acts of the 81st Legislature, Regular
Session, 2009, is redesignated as Chapter 392, Health and Safety
Code, and Sections 391.001, 391.002, 391.003, 391.004, 391.005,
391.006, 391.007, and 391.008, Health and Safety Code, as added by
that Act, are redesignated as Sections 392.001, 392.002, 392.003,
392.004, 392.005, 392.006, 392.007, and 392.008, Health and Safety
Code, respectively.
(31) Subchapter I, Chapter 775, Health and Safety
Code, as added by Chapter 537 (S.B. 1485), Acts of the 81st
Legislature, Regular Session, 2009, is redesignated as Subchapter
J, Chapter 775, Health and Safety Code.
(32) Section 32.0424, Human Resources Code, as added
by Chapter 832 (S.B. 1804), Acts of the 81st Legislature, Regular
Session, 2009, is redesignated as Section 32.0425, Human Resources
Code.
(33) Section 32.060, Human Resources Code, as added by
Chapter 204 (H.B. 4), Acts of the 78th Legislature, Regular
Session, 2003, is redesignated as Section 32.062, Human Resources
Code.
(34) Subdivision (20), Section 42.002, Human
Resources Code, as added by Chapter 46 (S.B. 95), Acts of the 81st
Legislature, Regular Session, 2009, is redesignated as Subdivision
(22), Section 42.002, Human Resources Code.
(35) Section 161.076, Human Resources Code, as added
by Chapter 269 (S.B. 37), Acts of the 81st Legislature, Regular
Session, 2009, is redesignated as Section 161.078, Human Resources
Code.
(36) Section 161.076, Human Resources Code, as added
by Chapter 726 (S.B. 271), Acts of the 81st Legislature, Regular
Session, 2009, is redesignated as Section 161.079, Human Resources
Code.
(37) Section 161.077, Human Resources Code, as added
by Chapter 904 (H.B. 748), Acts of the 81st Legislature, Regular
Session, 2009, is redesignated as Section 161.080, Human Resources
Code.
(38) Section 161.077, Human Resources Code, as added
by Chapter 759 (S.B. 705), Acts of the 81st Legislature, Regular
Session, 2009, is redesignated as Section 161.081, Human Resources
Code.
(39) Subchapter F, Chapter 161, Human Resources Code,
as added by Chapter 95 (H.B. 703), Acts of the 81st Legislature,
Regular Session, 2009, is redesignated as Subchapter I, Chapter
161, Human Resources Code, and Sections 161.151, 161.152, and
161.153, Human Resources Code, as added by that Act, are
redesignated as Sections 161.351, 161.352, and 161.353, Human
Resources Code, respectively.
(40) Section 561.106, Insurance Code, is redesignated
as Section 562.106, Insurance Code.
(41) Subchapter D, Chapter 4004, Insurance Code, as
added by Chapter 326 (H.B. 739), Acts of the 81st Legislature,
Regular Session, 2009, is redesignated as Subchapter F, Chapter
4004, Insurance Code, and Sections 4004.151, 4004.152, 4004.153,
4004.154, and 4004.155, Insurance Code, as added by that Act, are
redesignated as Sections 4004.251, 4004.252, 4004.253, 4004.254,
and 4004.255, Insurance Code, respectively.
(42) Section 302.016, Labor Code, as added by Chapter
460 (H.B. 2580), Acts of the 81st Legislature, Regular Session,
2009, is redesignated as Section 302.017, Labor Code.
(43) Subsection (n), Section 232.029, Local
Government Code, as added by Chapter 546 (S.B. 1676), Acts of the
81st Legislature, Regular Session, 2009, is redesignated as
Subsection (p), Section 232.029, Local Government Code.
(44) Chapter 120, Natural Resources Code, as added by
Chapter 224 (S.B. 1387), Acts of the 81st Legislature, Regular
Session, 2009, is redesignated as Chapter 121, Natural Resources
Code, and Sections 120.001, 120.002, 120.003, and 120.004, Natural
Resources Code, as added by that Act, are redesignated as Sections
121.001, 121.002, 121.003, and 121.004, Natural Resources Code,
respectively.
(45) Chapter 167, Occupations Code, as added by
Chapter 775 (S.B. 911), Acts of the 81st Legislature, Regular
Session, 2009, is redesignated as Chapter 168, Occupations Code,
and Sections 167.001, 167.002, 167.051, 167.052, 167.053, 167.101,
167.102, 167.151, 167.152, 167.201, and 167.202, Occupations Code,
as added by that Act, are redesignated as Sections 168.001,
168.002, 168.051, 168.052, 168.053, 168.101, 168.102, 168.151,
168.152, 168.201, and 168.202, Occupations Code, respectively.
(46) Subsections (e) and (f), Section 1301.551,
Occupations Code, as added by Chapter 804 (S.B. 1410), Acts of the
81st Legislature, Regular Session, 2009, are redesignated as
Subsections (i) and (j), Section 1301.551, Occupations Code,
respectively.
(47) Section 1701.258, Occupations Code, as added by
Chapter 794 (S.B. 1237), Acts of the 81st Legislature, Regular
Session, 2009, is redesignated as Section 1701.259, Occupations
Code.
(48) Subsection (h), Section 1701.402, Occupations
Code, as added by Chapter 1002 (H.B. 4009), Acts of the 81st
Legislature, Regular Session, 2009, is redesignated as Subsection
(j), Section 1701.402, Occupations Code.
(49) Section 2308.257, Occupations Code, as added by
Chapter 757 (S.B. 702), Acts of the 81st Legislature, Regular
Session, 2009, is redesignated as Section 2308.2555, Occupations
Code.
(50) Subsection (c), Section 2308.451, Occupations
Code, as added by Chapter 1310 (H.B. 2571), Acts of the 81st
Legislature, Regular Session, 2009, is redesignated as Subsection
(c-1), Section 2308.451, Occupations Code.
(51) Subsection (c), Section 2308.454, Occupations
Code, as added by Chapter 1310 (H.B. 2571), Acts of the 81st
Legislature, Regular Session, 2009, is redesignated as Subsection
(e), Section 2308.454, Occupations Code.
(52) Section 113.029, Property Code, as added by
Chapter 754 (S.B. 666), Acts of the 81st Legislature, Regular
Session, 2009, is redesignated as Section 113.030, Property Code.
(53) Chapter 1072, Special District Local Laws Code,
as added by Chapter 1139 (H.B. 2619), Acts of the 81st Legislature,
Regular Session, 2009, is redesignated as Chapter 1118, Special
District Local Laws Code, and Sections 1072.001, 1072.002,
1072.003, 1072.004, 1072.005, 1072.006, 1072.051, 1072.052,
1072.053, 1072.054, 1072.055, 1072.056, 1072.057, 1072.058,
1072.059, 1072.060, 1072.061, 1072.062, 1072.063, 1072.064,
1072.101, 1072.102, 1072.103, 1072.104, 1072.105, 1072.106,
1072.107, 1072.108, 1072.109, 1072.110, 1072.111, 1072.112,
1072.113, 1072.114, 1072.115, 1072.116, 1072.151, 1072.152,
1072.153, 1072.154, 1072.155, 1072.156, 1072.201, 1072.202,
1072.203, 1072.204, 1072.205, 1072.206, 1072.207, 1072.208,
1072.251, 1072.252, and 1072.253, Special District Local Laws Code,
as added by that Act, are redesignated as Sections 1118.001,
1118.002, 1118.003, 1118.004, 1118.005, 1118.006, 1118.051,
1118.052, 1118.053, 1118.054, 1118.055, 1118.056, 1118.057,
1118.058, 1118.059, 1118.060, 1118.061, 1118.062, 1118.063,
1118.064, 1118.101, 1118.102, 1118.103, 1118.104, 1118.105,
1118.106, 1118.107, 1118.108, 1118.109, 1118.110, 1118.111,
1118.112, 1118.113, 1118.114, 1118.115, 1118.116, 1118.151,
1118.152, 1118.153, 1118.154, 1118.155, 1118.156, 1118.201,
1118.202, 1118.203, 1118.204, 1118.205, 1118.206, 1118.207,
1118.208, 1118.251, 1118.252, and 1118.253, Special District Local
Laws Code, respectively.
(54) Section 8828.053, Special District Local Laws
Code, as added by Section 1.04, Chapter 1139 (H.B. 2619), Acts of
the 81st Legislature, Regular Session, 2009, is redesignated as
Section 8288.053, Special District Local Laws Code.
(55) Subsection (p), Section 11.18, Tax Code, as added
by Chapter 1246 (S.B. 2442), Acts of the 81st Legislature, Regular
Session, 2009, is redesignated as Subsection (q), Section 11.18,
Tax Code.
(56) Subsection (c), Section 23.01, Tax Code, as added
by Chapter 1405 (H.B. 3613), Acts of the 81st Legislature, Regular
Session, 2009, is redesignated as Subsection (d), Section 23.01,
Tax Code.
(57) Subsection (c), Section 23.01, Tax Code, as added
by Chapter 1211 (S.B. 771), Acts of the 81st Legislature, Regular
Session, 2009, is redesignated as Subsection (e), Section 23.01,
Tax Code.
(58) Section 171.1016, Tax Code, is transferred to
Subchapter C, Chapter 171, Tax Code.
(59) Section 225.059, Transportation Code, as added by
Chapter 546 (H.B. 1136), Acts of the 79th Legislature, Regular
Session, 2005, is redesignated as Section 225.0741, Transportation
Code.
(60) Subdivision (1-a), Section 502.001,
Transportation Code, as added by Chapter 1173 (H.B. 3433), Acts of
the 81st Legislature, Regular Session, 2009, is redesignated as
Subdivision (1-b), Section 502.001, Transportation Code.
(61) Section 504.660, Transportation Code, as added by
Chapter 397 (H.B. 1749), Acts of the 81st Legislature, Regular
Session, 2009, is redesignated as Section 504.659, Transportation
Code.
(62) Section 521.060, Transportation Code, as added by
Section 13.02, Chapter 1146 (H.B. 2730), Acts of the 81st
Legislature, Regular Session, 2009, is redesignated as Section
521.061, Transportation Code.
(63) Section 521.060, Transportation Code, as added by
Section 6.07, Chapter 1146 (H.B. 2730), Acts of the 81st
Legislature, Regular Session, 2009, is redesignated as Section
521.062, Transportation Code.
(64) Section 551.304, Transportation Code, is
transferred to Subchapter E, Chapter 551, Transportation Code, and
redesignated as Section 551.353, Transportation Code.
(65) Subsection (f), Section 681.003, Transportation
Code, as added by Chapter 531 (S.B. 1367), Acts of the 81st
Legislature, Regular Session, 2009, is redesignated as Subsection
(g), Section 681.003, Transportation Code.
(66) Subsection (h), Section 27.051, Water Code, as
added by Chapter 966 (S.B. 2), Acts of the 77th Legislature, Regular
Session, 2001, is redesignated as Subsection (i), Section 27.051,
Water Code.
SECTION 27.002. The following changes are made to conform
the provisions amended to the redesignating changes made by Section
27.001 of this Act:
(1) Subdivision (2), Subsection (f), Article 38.43,
Code of Criminal Procedure, is amended to read as follows:
(2) In a county with a population less than 100,000,
the attorney representing the state, clerk, or other officer in
possession of any evidence to which this subsection applies shall
ensure the preservation of the evidence by promptly delivering the
evidence to the Department of Public Safety for storage in
accordance with Section 411.053 [411.052], Government Code, and
department rules.
(2) Subdivision (14), Subsection (b), Section 7.021,
Education Code, is amended to read as follows:
(14) The agency shall cooperate with the Texas Higher
Education Coordinating Board in connection with the Texas
partnership and scholarship program under Subchapter Q [P], Chapter
61.
(3) Subdivision (39), Subsection (b), Section 7.055,
Education Code, is amended to read as follows:
(39) The commissioner shall cooperate with the Texas
Higher Education Coordinating Board in connection with the Texas
partnership and scholarship program under Subchapter Q [P], Chapter
61.
(4) Subsection (c), Section 116.005, Health and Safety
Code, as redesignated from Subsection (c), Section 115.005, Health
and Safety Code, by Section 27.001 of this Act, is amended to read
as follows:
(c) A vacancy on the council shall be filled for the
remainder of the unexpired term in the same manner as provided by
Section 116.003(a) [115.003(a)].
(5) Section 247.004, Health and Safety Code, is
amended to read as follows:
Sec. 247.004. EXEMPTIONS. This chapter does not apply to:
(1) a boarding home facility as defined by Section
260.001 [254.001];
(2) an establishment conducted by or for the adherents
of the Church of Christ, Scientist, for the purpose of providing
facilities for the care or treatment of the sick who depend
exclusively on prayer or spiritual means for healing without the
use of any drug or material remedy if the establishment complies
with local safety, sanitary, and quarantine ordinances and
regulations;
(3) a facility conducted by or for the adherents of a
qualified religious society classified as a tax-exempt
organization under an Internal Revenue Service group exemption
ruling for the purpose of providing personal care services without
charge solely for the society's professed members or ministers in
retirement, if the facility complies with local safety, sanitation,
and quarantine ordinances and regulations; or
(4) a facility that provides personal care services
only to persons enrolled in a program that is funded in whole or in
part by the department and that is monitored by the department or
its designated local mental retardation authority in accordance
with standards set by the department.
(6) Section 260.003, Health and Safety Code, as
redesignated from Section 254.003, Health and Safety Code, by
Section 27.001 of this Act, is amended to read as follows:
Sec. 260.003 [254.003]. MODEL STANDARDS. The executive
commissioner shall develop and publish in the Texas Register model
standards for the operation of a boarding home facility relating
to:
(1) the construction or remodeling of a boarding home
facility, including plumbing, heating, lighting, ventilation, and
other housing conditions, to ensure the residents' health, safety,
comfort, and protection from fire hazard;
(2) sanitary and related conditions in a boarding home
facility and its surroundings, including insect and rodent control,
water supply, sewage disposal, food handling, and general hygiene
to ensure the residents' health, safety, and comfort;
(3) the reporting and investigation of injuries,
incidents, and unusual accidents and the establishment of other
policies and procedures necessary to ensure resident health and
safety;
(4) assistance with self-administering medication;
(5) requirements for in-service education of the
facility's staff;
(6) criminal history record checks; and
(7) assessment and periodic monitoring to ensure that
a resident:
(A) does not require the boarding home facility
to provide personal care, nursing, or other services not listed in
Section 260.001(2) [254.001(2)]; and
(B) is capable of self-administering medication
or is aware of what the resident's medications look like and knows
when the medications should be taken but requires assistance with
self-administering medication.
(7) Section 260.004, Health and Safety Code, as
redesignated from Section 254.004, Health and Safety Code, by
Section 27.001 of this Act, is amended to read as follows:
Sec. 260.004 [254.004]. LOCAL REGULATION. A county or
municipality may require a person to obtain a permit from the county
or municipality to operate a boarding home facility within the
county's or municipality's jurisdiction. A county or municipality
may adopt the standards developed by the executive commissioner
under Section 260.003 [254.003] and require a boarding home
facility that holds a permit issued by the county or municipality to
comply with the adopted standards.
(8) Section 260.005, Health and Safety Code, as
redesignated from Section 254.005, Health and Safety Code, by
Section 27.001 of this Act, is amended to read as follows:
Sec. 260.005 [254.005]. PERMIT PROCEDURES; FEES; FINES.
(a) A county or municipality that requires a person to obtain a
boarding home facility permit as authorized by Section 260.004
[254.004] may establish procedures for the submission of a boarding
home facility permit application and for the issuance, denial,
renewal, suspension, and revocation of the permit.
(b) A county or municipality that requires a person to
obtain a boarding home facility permit as authorized under Section
260.004 [254.004] may set reasonable fees for issuance of the
permit, renewal of the permit, and inspections and may impose fines
for noncompliance with the county or municipal boarding home
facility regulations. The fees collected and fines imposed by the
county or municipality must be used to administer the county or
municipal permitting program or for other purposes directly related
to providing boarding home facility or other assisted living
services to elderly persons and persons with disabilities.
(c) A person required to obtain a boarding home facility
permit from a county or municipality as authorized under Section
260.004 [254.004] shall pay any fees required or fines imposed by
the county or municipality.
(9) Subsection (a), Section 260.010, Health and Safety
Code, as redesignated from Subsection (a), Section 254.010, Health
and Safety Code, by Section 27.001 of this Act, is amended to read
as follows:
(a) Not later than September 30 of each year following the
establishment of a county or municipal permitting requirement under
this chapter, each county or municipality that requires a person to
obtain a boarding home facility permit under Section 260.004
[254.004] shall submit to the commission a report. The report must
include:
(1) the total number of:
(A) boarding home facilities permitted during
the preceding state fiscal year;
(B) boarding home facility applications denied
permitting, including a summary of cause for denial; and
(C) boarding home facility permits active on
August 31 of the preceding state fiscal year;
(2) the total number of residents reported housed in
each boarding home facility reported;
(3) the total number of inspections conducted at each
boarding home facility by the county or municipality that requires
the permit; and
(4) the total number of permits revoked or suspended
as a result of an inspection described by Subdivision (3) and a
summary of the outcome for the residents displaced by revocation or
suspension of a permit.
(10) Subsection (a), Section 614.021, Health and
Safety Code, is amended to read as follows:
(a) In this section, "wrongfully imprisoned person" has the
meaning assigned by Section 501.102 [501.091], Government Code.
(11) Subsection (n), Section 32.021, Human Resources
Code, is amended to read as follows:
(n) An assessment of monetary penalties under this section
is subject to arbitration under Subchapter H-2 [J], Chapter 242,
Health and Safety Code.
(12) Subsection (a), Section 142.006, Human Resources
Code, is amended to read as follows:
(a) A juvenile probation officer may carry a firearm in the
course of the officer's official duties if:
(1) the juvenile probation officer possesses a
certificate of firearms proficiency issued by the Commission on Law
Enforcement Officer Standards and Education under Section 1701.259
[1701.258], Occupations Code;
(2) the chief juvenile probation officer of the
juvenile probation department that employs the juvenile probation
officer authorizes the juvenile probation officer to carry a
firearm in the course of the officer's official duties; and
(3) the juvenile probation officer has been employed
for at least one year by the juvenile probation department
described by Subdivision (2).
(13) Section 4004.254, Insurance Code, as
redesignated from Section 4004.154, Insurance Code, by Section
27.001 of this Act, is amended to read as follows:
Sec. 4004.254 [4004.154]. PROGRAM CERTIFICATION
REQUIREMENTS. (a) Subchapter C, including the authorization to
contract with an independent contractor under Section 4004.104,
applies to programs used to satisfy the requirements of Sections
4004.252 [4004.152] and 4004.253 [4004.153]. For the purpose of
administering this subchapter, professional training courses shall
be considered to be continuing education courses under Subchapter
C.
(b) The commissioner by rule shall adopt criteria for the
programs used to satisfy the requirements of Sections 4004.252
[4004.152] and 4004.253 [4004.153] that are designed to ensure that
an agent has knowledge, understanding, and professional competence
concerning a Medicare-related product. The rules adopted under
this subsection may incorporate by reference any requirements
established by the Centers for Medicare and Medicaid Services or
any other appropriate federal agency.
(14) Section 168.152, Occupations Code, as
redesignated from Section 167.152, Occupations Code, by Section
27.001 of this Act, is amended to read as follows:
Sec. 168.152 [167.152]. REQUIREMENTS FOR RENEWAL.
(a) The owner or operator of a pain management clinic may apply to
renew a certificate issued to the clinic under this chapter by:
(1) submitting a renewal application to the board on
the form prescribed by the board before the expiration of the grace
period under Section 168.151 [167.151]; and
(2) complying with any other requirements adopted by
board rule.
(b) If a certificate is not renewed before the expiration of
the grace period under Section 168.151 [167.151], the pain
management clinic must reapply for an original certificate to
operate the clinic.
(15) Subsection (b), Section 1118.054, Special
District Local Laws Code, as redesignated from Subsection (b),
Section 1072.054, Special District Local Laws Code, by Section
27.001 of this Act, is amended to read as follows:
(b) The appointed director must have the qualifications
required by Section 1118.052 [1072.052].
(16) Subsection (b), Section 27.045, Water Code, is
amended to read as follows:
(b) Fees collected by the railroad commission under this
section shall be deposited to the credit of the anthropogenic
carbon dioxide storage trust fund established under Section 121.003
[120.003], Natural Resources Code.
SECTION 27.003. If the number, letter, or other designation
assigned by Section 27.001 of this Act conflicts with a designation
assigned by another Act of the 82nd Legislature:
(1) the other Act controls, and the change made by
Section 27.001 of this Act has no effect; and
(2) any change made by Section 27.002 of this Act to
conform to that change made by Section 27.001 of this Act has no
effect.
ARTICLE 28. EFFECTIVE DATE
SECTION 28.001. This Act takes effect September 1, 2011.