Texas 2011 - 82nd Regular

Texas Senate Bill SB1303 Compare Versions

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1	1	By: West S.B. No. 1303
2	2	(King of Zavala)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to nonsubstantive additions to and corrections in enacted
8	8	codes, to the nonsubstantive codification or disposition of various
9	9	laws omitted from enacted codes, and to conforming codifications
10	10	enacted by the 81st Legislature to other Acts of that legislature.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	ARTICLE 1. GENERAL PROVISIONS
13	13	SECTION 1.001. This Act is enacted as part of the state's
14	14	continuing statutory revision program under Chapter 323,
15	15	Government Code. This Act is a revision for purposes of Section 43,
16	16	Article III, Texas Constitution, and has the purposes of:
17	17	(1) codifying without substantive change or providing
18	18	for other appropriate disposition of various statutes that were
19	19	omitted from enacted codes;
20	20	(2) conforming codifications enacted by the 81st
21	21	Legislature to other Acts of that legislature that amended the laws
22	22	codified or added new law to subject matter codified;
23	23	(3) making necessary corrections to enacted
24	24	codifications; and
25	25	(4) renumbering or otherwise redesignating titles,
26	26	chapters, and sections of codes that duplicate title, chapter, or
27	27	section designations.
28	28	SECTION 1.002. (a) The repeal of a statute by this Act does
29	29	not affect an amendment, revision, or reenactment of the statute by
30	30	the 82nd Legislature, Regular Session, 2011. The amendment,
31	31	revision, or reenactment is preserved and given effect as part of
32	32	the code provision that revised the statute so amended, revised, or
33	33	reenacted.
34	34	(b) If any provision of this Act conflicts with a statute
35	35	enacted by the 82nd Legislature, Regular Session, 2011, the statute
36	36	controls.
37	37	SECTION 1.003. (a) A transition or saving provision of a
38	38	law codified by this Act applies to the codified law to the same
39	39	extent as it applied to the original law.
40	40	(b) The repeal of a transition or saving provision by this
41	41	Act does not affect the application of the provision to the codified
42	42	law.
43	43	(c) In this section, "transition provision" includes any
44	44	temporary provision providing for a special situation in the
45	45	transition period between the existing law and the establishment or
46	46	implementation of the new law.
47	47	ARTICLE 2. CHANGES RELATING TO AGRICULTURE CODE
48	48	SECTION 2.001. Section 16.005(b), Agriculture Code, as
49	49	amended by Chapters 1295 (H.B. 2318) and 1312 (H.B. 2582), Acts of
50	50	the 81st Legislature, Regular Session, 2009, is reenacted to read
51	51	as follows:
52	52	(b) For each fiscal year, the office may not impose fees on a
53	53	producer for more than 18 million gallons of fuel ethanol,
54	54	biodiesel, or renewable diesel or MMBtu of renewable methane
55	55	produced at any one registered plant.
56	56	SECTION 2.002. Section 16.006(c), Agriculture Code, as
57	57	amended by Chapters 1295 (H.B. 2318) and 1312 (H.B. 2582), Acts of
58	58	the 81st Legislature, Regular Session, 2009, is reenacted to read
59	59	as follows:
60	60	(c) For each fiscal year a producer may not receive grants
61	61	for more than 18 million gallons of fuel ethanol, biodiesel, or
62	62	renewable diesel or MMBtu of renewable methane produced at any one
63	63	registered plant.
64	64	SECTION 2.003. The heading to Section 58.057, Agriculture
65	65	Code, is repealed to conform to the repeal of Sections 58.057(a),
66	66	(c), and (e), Agriculture Code, by Chapter 506 (S.B. 1016), Acts of
67	67	the 81st Legislature, Regular Session, 2009, and the transfer of
68	68	Sections 58.057(b) and (d), Agriculture Code, to Section 58.032,
69	69	Agriculture Code, by Chapter 506 (S.B. 1016), Acts of the 81st
70	70	Legislature, Regular Session, 2009.
71	71	SECTION 2.004. Section 203.052(c), Agriculture Code, as
72	72	amended by Chapters 200 (H.B. 3442) and 983 (S.B. 1828), Acts of the
73	73	78th Legislature, Regular Session, 2003, is reenacted to read as
74	74	follows:
75	75	(c) At the hearing, representatives of a district and any
76	76	other person may appear and present testimony including information
77	77	and suggestions for any changes in the proposed plan. The board
78	78	shall:
79	79	(1) enter any written comments received on the
80	80	proposed plan into the record of the hearing; and
81	81	(2) consider all written comments and testimony before
82	82	taking final action on the proposed plan.
83	83	SECTION 2.005. Section 302.002, Agriculture Code, is
84	84	amended to conform to Chapters 816 (S.B. 279) and 1245 (S.B. 1700),
85	85	Acts of the 78th Legislature, Regular Session, 2003, to read as
86	86	follows:
87	87	Sec. 302.002. DEFINITIONS [DEFINITION]. In this chapter:
88	88	(1) "Commission" means the Texas Commission of
89	89	Licensing and Regulation.
90	90	(2) "Department" means the Texas Department of
91	91	Licensing and Regulation.
92	92	(3) "Weather[, "weather] modification and control"
93	93	means changing or controlling, or attempting to change or control,
94	94	by artificial methods the natural development of atmospheric cloud
95	95	forms or precipitation forms that occur in the troposphere.
96	96	ARTICLE 3. CHANGES RELATING TO ALCOHOLIC BEVERAGE CODE
97	97	SECTION 3.001. Section 48.03, Alcoholic Beverage Code, is
98	98	amended to correct a reference to read as follows:
99	99	Sec. 48.03. ELIGIBILITY FOR PERMIT. The commission or
100	100	administrator may issue a passenger train beverage permit to any
101	101	corporation organized under the Business Organizations Code or
102	102	former Title 112, Revised Statutes, or under the Rail Passenger
103	103	Service Act of 1970, as amended (45 U.S.C.A. Section 501 et seq.),
104	104	operating a commercial passenger train service in or through the
105	105	state. Application and payment of the fee shall be made directly to
106	106	the commission.
107	107	ARTICLE 4. CHANGES RELATING TO BUSINESS & COMMERCE CODE
108	108	SECTION 4.001. Sections 35.60 and 35.63, Business &
109	109	Commerce Code, are repealed to conform to the repeal of Chapter 35,
110	110	Business & Commerce Code, by Chapter 885 (H.B. 2278), Acts of the
111	111	80th Legislature, Regular Session, 2007.
112	112	ARTICLE 5. CHANGES RELATING TO CIVIL PRACTICE AND REMEDIES CODE
113	113	SECTION 5.001. Section 64.072(d), Civil Practice and
114	114	Remedies Code, is amended to correct references to read as follows:
115	115	(d) A court may not extend a corporate receivership for more
116	116	than five years beyond the original three years, except that the
117	117	court may extend for any additional period the receivership of a
118	118	corporation organized [and existing] under former Article
119	119	3.05(A)(2), Texas Miscellaneous Corporation Laws Act (Article
120	120	1302-3.05, Vernon's Texas Civil Statutes), Section 2.006, Business
121	121	Organizations Code, before September 1, 2009, or a railroad
122	122	corporation organized under the Business Organizations Code or
123	123	former Title 112, Revised Statutes.
124	124	SECTION 5.002. Section 125.061(3), Civil Practice and
125	125	Remedies Code, is amended to correct a reference to read as follows:
126	126	(3) "Gang activity" means the following types of
127	127	conduct:
128	128	(A) organized criminal activity as described by
129	129	Section 71.02, Penal Code;
130	130	(B) terroristic threat as described by Section
131	131	22.07, Penal Code;
132	132	(C) coercing, soliciting, or inducing gang
133	133	membership as described by Section 71.022(a) or (a-1) [22.015],
134	134	Penal Code;
135	135	(D) criminal trespass as described by Section
136	136	30.05, Penal Code;
137	137	(E) disorderly conduct as described by Section
138	138	42.01, Penal Code;
139	139	(F) criminal mischief as described by Section
140	140	28.03, Penal Code, that causes a pecuniary loss of $500 or more;
141	141	(G) a graffiti offense in violation of Section
142	142	28.08, Penal Code, that:
143	143	(i) causes a pecuniary loss of $500 or more;
144	144	or
145	145	(ii) occurs at a school, an institution of
146	146	higher education, a place of worship or human cemetery, a public
147	147	monument, or a community center that provides medical, social, or
148	148	educational programs;
149	149	(H) a weapons offense in violation of Chapter 46,
150	150	Penal Code; or
151	151	(I) unlawful possession of a substance or other
152	152	item in violation of Chapter 481, Health and Safety Code.
153	153	ARTICLE 6. CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE
154	154	SECTION 6.001. Article 2.27, Code of Criminal Procedure, as
155	155	amended by Chapters 867 (S.B. 669) and 1210 (S.B. 1074), Acts of the
156	156	78th Legislature, Regular Session, 2003, is reenacted and amended
157	157	to read as follows:
158	158	Art. 2.27. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE.
159	159	(a) On receipt of a report that is assigned the highest priority in
160	160	accordance with rules adopted by the Department of Family and
161	161	Protective [and Regulatory] Services under Section 261.301(d),
162	162	Family Code, and that alleges an immediate risk of physical or
163	163	sexual abuse of a child that could result in the death of or serious
164	164	harm to the child by a person responsible for the care, custody, or
165	165	welfare of the child, a peace officer from the appropriate local law
166	166	enforcement agency shall investigate the report jointly with the
167	167	department or with the agency responsible for conducting an
168	168	investigation under Subchapter E, Chapter 261, Family Code. As soon
169	169	as possible after being notified by the department of the report,
170	170	but not later than 24 hours after being notified, the peace officer
171	171	shall accompany the department investigator in initially
172	172	responding to the report.
173	173	(b) On receipt of a report of abuse or neglect or other
174	174	complaint of a resident of a nursing home, convalescent home, or
175	175	other related institution under Section 242.126(c)(1), Health and
176	176	Safety Code, the appropriate local law enforcement agency shall
177	177	investigate the report as required by Section 242.135, Health and
178	178	Safety Code.
179	179	SECTION 6.002. Section 1, Article 55.02, Code of Criminal
180	180	Procedure, is amended to correct a reference to read as follows:
181	181	Sec. 1. At the request of the defendant and after notice to
182	182	the state, the trial court presiding over the case in which the
183	183	defendant was acquitted, if the trial court is a district court, or
184	184	a district court in the county in which the trial court is located
185	185	shall enter an order of expunction for a person entitled to
186	186	expunction under Article 55.01(a)(1)(A) [article 55.01(a)(1)(a)]
187	187	not later than the 30th day after the date of the acquittal. Upon
188	188	acquittal, the trial court shall advise the defendant of the right
189	189	to expunction. The defendant shall provide to the district court
190	190	all of the information required in a petition for expunction under
191	191	Section 2(b). The attorney for the defendant in the case in which
192	192	the defendant was acquitted, if the defendant was represented by
193	193	counsel, or the attorney for the state, if the defendant was not
194	194	represented by counsel, shall prepare the order for the court's
195	195	signature.
196	196	SECTION 6.003. Article 59.01(2), Code of Criminal
197	197	Procedure, as amended by Chapters 153 (S.B. 2225), 1130 (H.B.
198	198	2086), and 1357 (S.B. 554), Acts of the 81st Legislature, Regular
199	199	Session, 2009, is reenacted and amended to read as follows:
200	200	(2) "Contraband" means property of any nature,
201	201	including real, personal, tangible, or intangible, that is:
202	202	(A) used in the commission of:
203	203	(i) any first or second degree felony under
204	204	the Penal Code;
205	205	(ii) any felony under Section 15.031(b),
206	206	20.05, 21.11, 38.04, Subchapter B of Chapter 43, or Chapter 29, 30,
207	207	31, 32, 33, 33A, or 35, Penal Code;
208	208	(iii) any felony under The Securities Act
209	209	(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
210	210	(iv) any offense under Chapter 49, Penal
211	211	Code, that is punishable as a felony of the third degree or state
212	212	jail felony, if the defendant has been previously convicted three
213	213	times of an offense under that chapter;
214	214	(B) used or intended to be used in the commission
215	215	of:
216	216	(i) any felony under Chapter 481, Health
217	217	and Safety Code (Texas Controlled Substances Act);
218	218	(ii) any felony under Chapter 483, Health
219	219	and Safety Code;
220	220	(iii) a felony under Chapter 153, Finance
221	221	Code;
222	222	(iv) any felony under Chapter 34, Penal
223	223	Code;
224	224	(v) a Class A misdemeanor under Subchapter
225	225	B, Chapter 365, Health and Safety Code, if the defendant has been
226	226	previously convicted twice of an offense under that subchapter;
227	227	(vi) any felony under Chapter 152, Finance
228	228	Code;
229	229	(vii) any felony under Chapter 32, Human
230	230	Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
231	231	involves the state Medicaid program;
232	232	(viii) a Class B misdemeanor under Chapter
233	233	522, Business & Commerce Code;
234	234	(ix) a Class A misdemeanor under Section
235	235	306.051, Business & Commerce Code; [or]
236	236	(x) any offense under Section 42.10, Penal
237	237	Code;
238	238	(xi) [(x)] any offense under Section
239	239	46.06(a)(1) or 46.14, Penal Code; or
240	240	(xii) [(x)] any offense under Chapter 71,
241	241	Penal Code;
242	242	(C) the proceeds gained from the commission of a
243	243	felony listed in Paragraph (A) or (B) of this subdivision, a
244	244	misdemeanor listed in Paragraph (B)(viii), (x), (xi), or (xii)
245	245	[(B)(viii) or (x)] of this subdivision, or a crime of violence;
246	246	(D) acquired with proceeds gained from the
247	247	commission of a felony listed in Paragraph (A) or (B) of this
248	248	subdivision, a misdemeanor listed in Paragraph (B)(viii), (x),
249	249	(xi), or (xii) [(B)(viii) or (x)] of this subdivision, or a crime of
250	250	violence; or
251	251	(E) used to facilitate or intended to be used to
252	252	facilitate the commission of a felony under Section 15.031 or
253	253	43.25, Penal Code.
254	254	SECTION 6.004. Article 59.011, Code of Criminal Procedure,
255	255	as added by Chapters 153 (S.B. 2225), 1130 (H.B. 2086), and 1357
256	256	(S.B. 554), Acts of the 81st Legislature, Regular Session, 2009, is
257	257	reenacted and amended to read as follows:
258	258	Art. 59.011. ELECTION OF FORFEITURE PROCEEDING. If
259	259	property described by Article 59.01(2)(B)(x), (xi), or (xii) is
260	260	subject to forfeiture under this chapter and Article 18.18, the
261	261	attorney representing the state may proceed under either this
262	262	chapter or that article.
263	263	SECTION 6.005. Article 62.051(c), Code of Criminal
264	264	Procedure, as amended by Chapters 661 (H.B. 2153) and 755 (S.B.
265	265	689), Acts of the 81st Legislature, Regular Session, 2009, is
266	266	reenacted and amended to read as follows:
267	267	(c) The registration form shall require:
268	268	(1) the person's full name, date of birth, sex, race,
269	269	height, weight, eye color, hair color, social security number,
270	270	driver's license number, and shoe size;
271	271	(1-a) [, and] the address at which the person resides
272	272	or intends to reside or, if the person does not reside or intend to
273	273	reside at a physical address, a detailed description of each
274	274	geographical location at which the person resides or intends to
275	275	reside;
276	276	(1-b) [and] each alias used by the person and any home,
277	277	work, or cellular telephone number of the person;
278	278	(2) a recent color photograph or, if possible, an
279	279	electronic digital image of the person and a complete set of the
280	280	person's fingerprints;
281	281	(3) the type of offense the person was convicted of,
282	282	the age of the victim, the date of conviction, and the punishment
283	283	received;
284	284	(4) an indication as to whether the person is
285	285	discharged, paroled, or released on juvenile probation, community
286	286	supervision, or mandatory supervision;
287	287	(5) an indication of each license, as defined by
288	288	Article 62.005(g), that is held or sought by the person;
289	289	(6) an indication as to whether the person is or will
290	290	be employed, carrying on a vocation, or a student at a particular
291	291	public or private institution of higher education in this state or
292	292	another state, and the name and address of that institution;
293	293	(7) the identification of any online identifier
294	294	established or used by the person; and
295	295	(8) any other information required by the department.
296	296	SECTION 6.006. Article 102.0045(d), Code of Criminal
297	297	Procedure, is amended to correct a reference to read as follows:
298	298	(d) Fees deposited in the jury service fund under this
299	299	article [section] are exempt from the application of Section
300	300	403.095, Government Code.
301	301	SECTION 6.007. Article 102.0185(c), Code of Criminal
302	302	Procedure, is amended to correct a reference to read as follows:
303	303	(c) Costs imposed under this article are collected in the
304	304	[same] manner provided by Subchapter B, Chapter 133, Local
305	305	Government Code [as other costs collected under Article 102.075].
306	306	SECTION 6.008. Articles 102.056(c) and (d), Code of
307	307	Criminal Procedure, are amended to correct references to read as
308	308	follows:
309	309	(c) Notwithstanding any other provision of this article
310	310	[section], the criminal justice division shall allocate to a local
311	311	unit of government or combination of local units of government
312	312	located in an impacted region occurring as the result of the
313	313	establishment of a significant new naval military facility an
314	314	amount that exceeds by 10 percent the amount it would otherwise
315	315	receive under this article [section].
316	316	(d) In this article, [section] "significant new naval
317	317	military facility" and "impacted region" have the meanings assigned
318	318	by Section 4, Article 1, National Defense Impacted Region
319	319	Assistance Act of 1985.
320	320	ARTICLE 7. CHANGES RELATING TO EDUCATION CODE
321	321	SECTION 7.001. Section 12.013(b), Education Code, is
322	322	amended to correct a reference to read as follows:
323	323	(b) A home-rule school district is subject to:
324	324	(1) a provision of this title establishing a criminal
325	325	offense;
326	326	(2) a provision of this title relating to limitations
327	327	on liability; and
328	328	(3) a prohibition, restriction, or requirement, as
329	329	applicable, imposed by this title or a rule adopted under this
330	330	title, relating to:
331	331	(A) the Public Education Information Management
332	332	System (PEIMS) to the extent necessary to monitor compliance with
333	333	this subchapter as determined by the commissioner;
334	334	(B) educator certification under Chapter 21 and
335	335	educator rights under Sections 21.407, 21.408, and 22.001;
336	336	(C) criminal history records under Subchapter C,
337	337	Chapter 22;
338	338	(D) student admissions under Section 25.001;
339	339	(E) school attendance under Sections 25.085,
340	340	25.086, and 25.087;
341	341	(F) inter-district or inter-county transfers of
342	342	students under Subchapter B, Chapter 25;
343	343	(G) elementary class size limits under Section
344	344	25.112, in the case of any campus in the district that fails to
345	345	satisfy any standard under Section 39.054(e) [39.054(d)];
346	346	(H) high school graduation under Section 28.025;
347	347	(I) special education programs under Subchapter
348	348	A, Chapter 29;
349	349	(J) bilingual education under Subchapter B,
350	350	Chapter 29;
351	351	(K) prekindergarten programs under Subchapter E,
352	352	Chapter 29;
353	353	(L) safety provisions relating to the
354	354	transportation of students under Sections 34.002, 34.003, 34.004,
355	355	and 34.008;
356	356	(M) computation and distribution of state aid
357	357	under Chapters 31, 42, and 43;
358	358	(N) extracurricular activities under Section
359	359	33.081;
360	360	(O) health and safety under Chapter 38;
361	361	(P) public school accountability under
362	362	Subchapters B, C, D, E, and J, Chapter 39;
363	363	(Q) equalized wealth under Chapter 41;
364	364	(R) a bond or other obligation or tax rate under
365	365	Chapters 42, 43, and 45; and
366	366	(S) purchasing under Chapter 44.
367	367	SECTION 7.002. Section 12.119(c), Education Code, is
368	368	amended to correct a reference to read as follows:
369	369	(c) On request, the State Board of Education shall provide
370	370	the information required by this section and Section 12.111(a)(8)
371	371	[12.111(8)] to a member of the public. The board may charge a
372	372	reasonable fee to cover the board's cost in providing the
373	373	information.
374	374	SECTION 7.003. Section 21.4551(c), Education Code, is
375	375	amended to correct a reference to read as follows:
376	376	(c) The commissioner by rule shall require a teacher to
377	377	attend a reading academy if the teacher provides instruction in
378	378	reading, mathematics, science, or social studies to students at the
379	379	sixth, seventh, or eighth grade level at a campus that fails to
380	380	satisfy any standard under Section 39.054(e) [39.054(d)] on the
381	381	basis of student performance on the reading assessment instrument
382	382	administered under Section 39.023(a) to students in any grade level
383	383	at the campus.
384	384	SECTION 7.004. Section 21.705, Education Code, as amended
385	385	by Chapters 1262 (H.B. 709) and 1328 (H.B. 3646), Acts of the 81st
386	386	Legislature, Regular Session, 2009, is reenacted to read as
387	387	follows:
388	388	Sec. 21.705. AWARD PAYMENTS. A school district must use at
389	389	least 60 percent of grant funds awarded to the district under this
390	390	subchapter to directly award classroom teachers and principals who
391	391	effectively improve student achievement as determined by
392	392	meaningful, objective measures. The remaining funds must be used
393	393	only to:
394	394	(1) provide teacher induction and mentoring support,
395	395	including stipends to effective mentors or teacher coaches;
396	396	(2) provide stipends to classroom teachers who are
397	397	certified in a subject that is designated by the commissioner as
398	398	commonly experiencing a critical shortage of teachers;
399	399	(3) provide stipends to classroom teachers who are
400	400	certified under Subchapter B in the main subject area in which they
401	401	teach;
402	402	(4) provide stipends to recruit and retain classroom
403	403	teachers and principals with proven records of success for
404	404	improving student performance who are assigned to campuses at which
405	405	the district has experienced difficulty assigning or retaining
406	406	teachers;
407	407	(5) provide stipends to classroom teachers who hold
408	408	advanced certification from an organization that certifies at least
409	409	2,500 teachers in the United States each year based on the teachers'
410	410	satisfaction, through study, expert evaluation, self-assessment,
411	411	and peer review, of high and rigorous standards for accomplished
412	412	teaching;
413	413	(6) provide awards to other campus employees who
414	414	demonstrate excellence;
415	415	(7) implement the components of a Teacher Advancement
416	416	Program (TAP), including:
417	417	(A) an instructionally focused accountability
418	418	system; and
419	419	(B) the adjustment of teaching schedules to
420	420	permit ongoing applied professional growth; or
421	421	(8) provide funding for previously developed
422	422	incentive programs.
423	423	SECTION 7.005. Section 25.087(b), Education Code, as
424	424	amended by Chapters 517 (S.B. 1134) and 595 (H.B. 192), Acts of the
425	425	81st Legislature, Regular Session, 2009, is reenacted and amended
426	426	to read as follows:
427	427	(b) A school district shall excuse a student from attending
428	428	school for:
429	429	(1) the following purposes, including travel for those
430	430	purposes:
431	431	(A) observing religious holy days;
432	432	(B) attending a required court appearance;
433	433	(C) appearing at a governmental office to
434	434	complete paperwork required in connection with the student's
435	435	application for United States citizenship; [or]
436	436	(D) taking part in a United States naturalization
437	437	oath ceremony; or
438	438	(E) [(C)] serving as an election clerk; or
439	439	(2) a temporary absence resulting from health care
440	440	professionals if that student commences classes or returns to
441	441	school on the same day of the appointment.
442	442	SECTION 7.006. Section 28.0211(k), Education Code, is
443	443	amended to correct a reference to read as follows:
444	444	(k) The commissioner shall adopt rules as necessary to
445	445	implement this section, including rules concerning when school
446	446	districts shall administer assessment instruments required under
447	447	this section and which administration of the assessment instruments
448	448	will be used for purposes of Section 39.054 [39.051].
449	449	SECTION 7.007. Section 29.202(a), Education Code, is
450	450	amended to correct a reference to read as follows:
451	451	(a) A student is eligible to receive a public education
452	452	grant or to attend another public school in the district in which
453	453	the student resides under this subchapter if the student is
454	454	assigned to attend a public school campus:
455	455	(1) at which 50 percent or more of the students did not
456	456	perform satisfactorily on an assessment instrument administered
457	457	under Section 39.023(a) or (c) in any two of the preceding three
458	458	years; or
459	459	(2) that, at any time in the preceding three years,
460	460	failed to satisfy any standard under Section 39.054(e) [39.054(d)].
461	461	SECTION 7.008. Section 30A.002(b), Education Code, as
462	462	amended by Chapters 850 (S.B. 2248) and 1328 (H.B. 3646), Acts of
463	463	the 81st Legislature, Regular Session, 2009, is reenacted and
464	464	amended to read as follows:
465	465	(b) A student is eligible to enroll full-time in courses
466	466	provided through the state virtual school network only if the
467	467	student:
468	468	(1) [the student] was enrolled in a public school in
469	469	this state in the preceding school year; or
470	470	(2) [(3) the student] has been placed in substitute
471	471	care in this state, regardless of whether the student was enrolled
472	472	in a public school in this state in the preceding school year.
473	473	SECTION 7.009. Section 32.261(b), Education Code, is
474	474	amended to correct a reference to read as follows:
475	475	(b) To the extent possible considering other statutory
476	476	requirements, the commissioner and agency shall encourage the use
477	477	of textbook funds and technology allotment funds under Section
478	478	32.005 [31.021(b)(2)] in a manner that facilitates the development
479	479	and use of the portal.
480	480	SECTION 7.010. The heading to Section 39.106, Education
481	481	Code, is amended to read as follows:
482	482	Sec. 39.106. CAMPUS INTERVENTION TEAM DUTIES.
483	483	SECTION 7.011. The heading to Section 39.113, Education
484	484	Code, is amended to read as follows:
485	485	Sec. 39.113. CAMPUS INTERVENTION TEAM MEMBERS.
486	486	SECTION 7.012. Section 41.124(c), Education Code, is
487	487	amended to correct a reference to read as follows:
488	488	(c) A school district that receives tuition for a student
489	489	from a school district with a wealth per student that exceeds the
490	490	equalized wealth level may not claim attendance for that student
491	491	for purposes of Chapters 42 and 46 and the technology allotment
492	492	under Section 32.005 [31.021(b)(2)].
493	493	SECTION 7.013. Section 45.261(d), Education Code, is
494	494	amended to correct a reference to read as follows:
495	495	(d) If a school district fails to comply with the
496	496	commissioner's order under Subsection (c), the commissioner may
497	497	impose any sanction on the district authorized to be imposed on a
498	498	district under Subchapter E [G], Chapter 39, including appointment
499	499	of a board of managers or annexation to another district,
500	500	regardless of the district's accreditation status or the duration
501	501	of a particular accreditation status.
502	502	SECTION 7.014. Section 54.211, Education Code, as amended
503	503	by Chapters 45 (S.B. 43) and 1372 (S.B. 939), Acts of the 81st
504	504	Legislature, Regular Session, 2009, is reenacted and amended to
505	505	read as follows:
506	506	Sec. 54.211. EXEMPTIONS FOR STUDENTS UNDER CONSERVATORSHIP
507	507	OF DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES. (a) A student is
508	508	exempt from the payment of tuition and fees authorized in this
509	509	chapter, including tuition and fees charged by an institution of
510	510	higher education for a dual credit course or other course for which
511	511	a high school student may earn joint high school and college credit,
512	512	if the student:
513	513	(1) was under the conservatorship of the Department of
514	514	Family and Protective Services:
515	515	(A) on the day preceding the student's 18th
516	516	birthday;
517	517	(B) on or after the day of the student's 14th
518	518	birthday, if the student was also eligible for adoption on or after
519	519	that day;
520	520	(C) on the day the student graduated from high
521	521	school or received the equivalent of a high school diploma;
522	522	(D) on the day preceding:
523	523	(i) the date the student is adopted, if that
524	524	date is on or after September 1, 2009; or
525	525	(ii) the date permanent managing
526	526	conservatorship of the student is awarded to a person other than the
527	527	student's parent, if that date is on or after September 1, 2009; or
528	528	(E) [(D)] during an academic term in which the
529	529	student was enrolled in a dual credit course or other course for
530	530	which a high school student may earn joint high school and college
531	531	credit; and
532	532	(2) enrolls in an institution of higher education as
533	533	an undergraduate student or in a dual credit course or other course
534	534	for which a high school student may earn joint high school and
535	535	college credit not later than the student's 25th birthday.
536	536	(b) The Texas Education Agency and the Texas Higher
537	537	Education Coordinating Board shall develop outreach programs to
538	538	ensure that students in the conservatorship of the Department of
539	539	Family and Protective Services and in grades 9-12 are aware of the
540	540	availability of the exemption from the payment of tuition and fees
541	541	provided by this section.
542	542	SECTION 7.015. Section 56.302(a), Education Code, is
543	543	amended to read as follows:
544	544	(a) Except as provided under Section 56.310(c), the student
545	545	financial assistance program authorized by this subchapter is known
546	546	as the Toward EXcellence [EXellence], Access, & Success (TEXAS)
547	547	grant program, and an individual grant awarded under this
548	548	subchapter is known as a TEXAS grant.
549	549	SECTION 7.016. Section 61.083, Education Code, is repealed
550	550	to conform to the repeal of Sections 61.083(b), (c), and (d),
551	551	Education Code, by Section 13(4), Chapter 823 (H.B. 2448), Acts of
552	552	the 74th Legislature, Regular Session, 1995.
553	553	SECTION 7.017. Section 132.053(a), Education Code, is
554	554	amended to correct a reference to read as follows:
555	555	(a) The commission may establish rules that waive, alter,
556	556	suspend, or replace any of the following provisions governing small
557	557	career schools and colleges:
558	558	(1) the fee schedule authorized under Section 132.201,
559	559	provided that fees under a fee schedule established by rule may not
560	560	be less than the reasonable administrative cost for regulation or
561	561	more than the amount that a small career school or college would
562	562	otherwise pay if it were not classified as a small career school or
563	563	college;
564	564	(2) participation in the career school or college
565	565	tuition trust account required by Section 132.2415;
566	566	(3) the refund policy provisions of Section 132.061;
567	567	(4) the examination of a school or college for
568	568	compliance under Section 132.056(f);
569	569	(5) the reporting requirements of Section
570	570	132.055(b)(15) [132.055(o)]; and
571	571	(6) the term for which a certificate of approval is
572	572	issued under Section 132.056(b), provided that a rule adopted under
573	573	this section may not provide for a term that exceeds three years or
574	574	is less than one year.
575	575	SECTION 7.018. (a) Section 142.001(3), Education Code, as
576	576	amended by Chapters 1250 (H.B. 58) and 1335 (S.B. 44), Acts of the
577	577	81st Legislature, Regular Session, 2009, is reenacted and amended
578	578	to read as follows:
579	579	(3) "Eligible institution" means:
580	580	(A) an institution of higher education[, as
581	581	defined by Section 61.003]; or
582	582	(B) a private or independent institution of
583	583	higher education[, as defined by Section 61.003].
584	584	(b) Section 142.001(3-a), Education Code, as added by
585	585	Chapter 1335 (S.B. 44), Acts of the 81st Legislature, Regular
586	586	Session, 2009, is amended to conform to Chapter 1250 (H.B. 58), Acts
587	587	of the 81st Legislature, Regular Session, 2009, to read as follows:
588	588	(3-a) "Institution of higher education," [and]
589	589	"medical and dental unit," and "private or independent institution
590	590	of higher education" have the meanings assigned by Section 61.003.
591	591	ARTICLE 8. CHANGES RELATING TO ESTATES CODE
592	592	SECTION 8.001. Section 52.001(a), Estates Code, as
593	593	effective January 1, 2014, is amended to conform to Section 2,
594	594	Chapter 602 (H.B. 585), Acts of the 81st Legislature, Regular
595	595	Session, 2009, to read as follows:
596	596	(a) The county clerk shall maintain a record book titled
597	597	"Judge's Probate Docket" and shall record in the book:
598	598	(1) the name of each person with respect to whom, or
599	599	with respect to whose estate, proceedings are commenced or sought
600	600	to be commenced;
601	601	(2) the name of each executor, administrator, or
602	602	applicant for letters testamentary or of administration;
603	603	(3) the date each original application for probate
604	604	proceedings is filed;
605	605	(4) a notation [minute] of each order, judgment,
606	606	decree, and proceeding that occurs in each estate, including the
607	607	date it occurs; and
608	608	(5) the docket number of each estate as assigned under
609	609	Subsection (b).
610	610	SECTION 8.002. Section 55.251, Estates Code, as effective
611	611	January 1, 2014, is amended to more closely conform to the source
612	612	law from which it was derived to read as follows:
613	613	Sec. 55.251. REVISION AND CORRECTION OF ORDER OR JUDGMENT
614	614	IN PROBATE PROCEEDING. (a) An interested person may, by a bill of
615	615	review filed in the court in which the probate proceedings were
616	616	held, have an order or judgment rendered by the court revised and
617	617	corrected on a showing of error in the order or judgment, as
618	618	applicable.
619	619	(b) A bill of review to revise and correct an order or
620	620	judgment may not be filed more than two years after the date of the
621	621	order or judgment, as applicable.
622	622	SECTION 8.003. Section 55.252, Estates Code, as effective
623	623	January 1, 2014, is amended to more closely conform to the source
624	624	law from which it was derived to read as follows:
625	625	Sec. 55.252. INJUNCTION. A process or action under a court
626	626	order or judgment subject to a bill of review filed under Section
627	627	55.251 may be stayed only by writ of injunction.
628	628	SECTION 8.004. Section 113.051(a), Estates Code, as
629	629	effective January 1, 2014, is amended to conform to Section 2,
630	630	Chapter 929 (H.B. 3075), Acts of the 81st Legislature, Regular
631	631	Session, 2009, to read as follows:
632	632	(a) A contract of deposit that contains provisions
633	633	substantially the same as in the form provided by Section 113.052
634	634	establishes the type of account selected by a party. This chapter
635	635	governs an account selected under the form[, other than a
636	636	single-party account without a P.O.D. designation].
637	637	SECTION 8.005. Section 113.052, Estates Code, as effective
638	638	January 1, 2014, is amended to conform to Section 2, Chapter 929
639	639	(H.B. 3075), Acts of the 81st Legislature, Regular Session, 2009,
640	640	to read as follows:
641	641	Sec. 113.052. FORM. A financial institution may use the
642	642	following form to establish the type of account selected by a party:
643	643	UNIFORM SINGLE-PARTY OR MULTIPLE-PARTY ACCOUNT SELECTION
644	644	FORM NOTICE: The type of account you select may determine how
645	645	property passes on your death. Your will may not control the
646	646	disposition of funds held in some of the following accounts. You
647	647	may choose to designate one or more convenience signers on an
648	648	account, even if the account is not a convenience account. A
649	649	designated convenience signer may make transactions on your behalf
650	650	during your lifetime, but does not own the account during your
651	651	lifetime. The designated convenience signer owns the account on
652	652	your death only if the convenience signer is also designated as a
653	653	P.O.D. payee or trust account beneficiary.
654	654	Select one of the following accounts by placing your initials
655	655	next to the account selected:
656	656	___ (1) SINGLE-PARTY ACCOUNT WITHOUT "P.O.D." (PAYABLE ON
657	657	DEATH) DESIGNATION. The party to the account owns the account. On
658	658	the death of the party, ownership of the account passes as a part of
659	659	the party's estate under the party's will or by intestacy.
660	660	Enter the name of the party:
661	661	________________________________________________________________
662	662	Enter the name(s) of the convenience signer(s), if you want
663	663	one or more convenience signers on this account:
664	664	________________________________________________________________
665	665	________________________________________________________________
666	666	___ (2) SINGLE-PARTY ACCOUNT WITH "P.O.D." (PAYABLE ON
667	667	DEATH) DESIGNATION. The party to the account owns the account. On
668	668	the death of the party, ownership of the account passes to the
669	669	P.O.D. beneficiaries of the account. The account is not a part of
670	670	the party's estate.
671	671	Enter the name of the party:
672	672	________________________________________________________________
673	673	Enter the name or names of the P.O.D. beneficiaries:
674	674	________________________________________________________________
675	675	________________________________________________________________
676	676	Enter the name(s) of the convenience signer(s), if you want
677	677	one or more convenience signers on this account:
678	678	________________________________________________________________
679	679	________________________________________________________________
680	680	___ (3) MULTIPLE-PARTY ACCOUNT WITHOUT RIGHT OF
681	681	SURVIVORSHIP. The parties to the account own the account in
682	682	proportion to the parties' net contributions to the account. The
683	683	financial institution may pay any sum in the account to a party at
684	684	any time. On the death of a party, the party's ownership of the
685	685	account passes as a part of the party's estate under the party's
686	686	will or by intestacy.
687	687	Enter the names of the parties:
688	688	________________________________________________________________
689	689	________________________________________________________________
690	690	________________________________________________________________
691	691	Enter the name(s) of the convenience signer(s), if you want
692	692	one or more convenience signers on this account:
693	693	________________________________________________________________
694	694	________________________________________________________________
695	695	___ (4) MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP.
696	696	The parties to the account own the account in proportion to the
697	697	parties' net contributions to the account. The financial
698	698	institution may pay any sum in the account to a party at any time.
699	699	On the death of a party, the party's ownership of the account passes
700	700	to the surviving parties.
701	701	Enter the names of the parties:
702	702	________________________________________________________________
703	703	________________________________________________________________
704	704	Enter the name(s) of the convenience signer(s), if you want
705	705	one or more convenience signers on this account:
706	706	________________________________________________________________
707	707	________________________________________________________________
708	708	___ (5) MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP
709	709	AND P.O.D. (PAYABLE ON DEATH) DESIGNATION. The parties to the
710	710	account own the account in proportion to the parties' net
711	711	contributions to the account. The financial institution may pay
712	712	any sum in the account to a party at any time. On the death of the
713	713	last surviving party, the ownership of the account passes to the
714	714	P.O.D. beneficiaries.
715	715	Enter the names of the parties:
716	716	________________________________________________________________
717	717	________________________________________________________________
718	718	Enter the name or names of the P.O.D. beneficiaries:
719	719	________________________________________________________________
720	720	________________________________________________________________
721	721	Enter the name(s) of the convenience signer(s), if you want
722	722	one or more convenience signers on this account:
723	723	________________________________________________________________
724	724	________________________________________________________________
725	725	___ (6) CONVENIENCE ACCOUNT. The parties to the account own
726	726	the account. One or more convenience signers to the account may
727	727	make account transactions for a party. A convenience signer does
728	728	not own the account. On the death of the last surviving party,
729	729	ownership of the account passes as a part of the last surviving
730	730	party's estate under the last surviving party's will or by
731	731	intestacy. The financial institution may pay funds in the account
732	732	to a convenience signer before the financial institution receives
733	733	notice of the death of the last surviving party. The payment to a
734	734	convenience signer does not affect the parties' ownership of the
735	735	account.
736	736	Enter the names of the parties:
737	737	________________________________________________________________
738	738	________________________________________________________________
739	739	Enter the name(s) [names] of the convenience signer(s)
740	740	[signers]:
741	741	________________________________________________________________
742	742	________________________________________________________________
743	743	___ (7) TRUST ACCOUNT. The parties named as trustees to the
744	744	account own the account in proportion to the parties' net
745	745	contributions to the account. A trustee may withdraw funds from the
746	746	account. A beneficiary may not withdraw funds from the account
747	747	before all trustees are deceased. On the death of the last
748	748	surviving trustee, the ownership of the account passes to the
749	749	beneficiary. The trust account is not a part of a trustee's estate
750	750	and does not pass under the trustee's will or by intestacy, unless
751	751	the trustee survives all of the beneficiaries and all other
752	752	trustees.
753	753	Enter the name or names of the trustees:
754	754	________________________________________________________________
755	755	________________________________________________________________
756	756	Enter the name or names of the beneficiaries:
757	757	________________________________________________________________
758	758	________________________________________________________________
759	759	Enter the name(s) of the convenience signer(s), if you want
760	760	one or more convenience signers on this account:
761	761	________________________________________________________________
762	762	________________________________________________________________
763	763	SECTION 8.006. (a) Subchapter C, Chapter 113, Estates
764	764	Code, as effective January 1, 2014, is amended to conform to Section
765	765	1, Chapter 929 (H.B. 3075), Acts of the 81st Legislature, Regular
766	766	Session, 2009, by adding Section 113.106 to read as follows:
767	767	Sec. 113.106. OWNERSHIP AND OPERATION OF OTHER ACCOUNT WITH
768	768	CONVENIENCE SIGNER. (a) An account established by one or more
769	769	parties at a financial institution that is not designated as a
770	770	convenience account, but is instead designated as a single-party
771	771	account or another type of multiple-party account, may provide that
772	772	the sums on deposit may be paid or delivered to the parties or to one
773	773	or more convenience signers "for the convenience of the parties."
774	774	(b) Except as provided by Section 113.1541:
775	775	(1) the provisions of Sections 113.105, 113.206, and
776	776	113.208 apply to an account described by Subsection (a), including
777	777	provisions relating to the ownership of the account during the
778	778	lifetimes and on the deaths of the parties and provisions relating
779	779	to the powers and duties of the financial institution at which the
780	780	account is established; and
781	781	(2) any other law relating to a convenience signer
782	782	applies to a convenience signer designated as provided by this
783	783	section to the extent the law applies to a convenience signer on a
784	784	convenience account.
785	785	(b) Subchapter D, Chapter 113, Estates Code, as effective
786	786	January 1, 2014, is amended to conform to Section 1, Chapter 929
787	787	(H.B. 3075), Acts of the 81st Legislature, Regular Session, 2009,
788	788	by adding Section 113.1541 to read as follows:
789	789	Sec. 113.1541. OWNERSHIP OF OTHER ACCOUNT WITH CONVENIENCE
790	790	SIGNER ON DEATH OF LAST SURVIVING PARTY. On the death of the last
791	791	surviving party to an account that has a convenience signer
792	792	designated as provided by Section 113.106, the convenience signer
793	793	does not have a right of survivorship in the account and the estate
794	794	of the last surviving party owns the account unless the convenience
795	795	signer is also designated as a P.O.D. payee or as a beneficiary.
796	796	(c) Section 438B, Texas Probate Code, is repealed.
797	797	SECTION 8.007. Section 202.102, Estates Code, as effective
798	798	January 1, 2014, is amended to conform to Section 4, Chapter 602
799	799	(H.B. 585), Acts of the 81st Legislature, Regular Session, 2009, to
800	800	read as follows:
801	801	Sec. 202.102. TRANSFER OF RECORDS. The clerk of the court
802	802	from which a proceeding to declare heirship is transferred under
803	803	Section 202.101 shall, on entry of the order under that section,
804	804	send to the clerk of the court named in the order a certified
805	805	transcript of all pleadings, [docket] entries in the judge's
806	806	probate docket, and orders of the court in the proceeding. The
807	807	clerk of the court to which the proceeding is transferred shall:
808	808	(1) file the transcript;
809	809	(2) record the transcript in the judge's probate
810	810	docket [minutes] of that [the] court; and
811	811	(3) docket the proceeding.
812	812	SECTION 8.008. Section 202.151, Estates Code, as effective
813	813	January 1, 2014, is amended to conform to Section 5, Chapter 602
814	814	(H.B. 585), Acts of the 81st Legislature, Regular Session, 2009, to
815	815	read as follows:
816	816	Sec. 202.151. WRITTEN EVIDENCE IN PROCEEDING TO DECLARE
817	817	HEIRSHIP. The court may require that all or any part of the
818	818	evidence admitted in a proceeding to declare heirship be:
819	819	(1) reduced to writing and subscribed and sworn to by
820	820	the witnesses, respectively; and
821	821	(2) filed in the proceeding and recorded in the judge's
822	822	probate docket [minutes of the court].
823	823	SECTION 8.009. (a) Chapter 254, Estates Code, as effective
824	824	January 1, 2014, is amended to conform to Section 1, Chapter 414
825	825	(H.B. 1969), Acts of the 81st Legislature, Regular Session, 2009,
826	826	by adding Section 254.005 to read as follows:
827	827	Sec. 254.005. FORFEITURE CLAUSE. A provision in a will that
828	828	would cause a forfeiture of a devise or void a devise or provision
829	829	in favor of a person for bringing any court action, including
830	830	contesting a will, is unenforceable if:
831	831	(1) probable cause exists for bringing the action; and
832	832	(2) the action was brought and maintained in good
833	833	faith.
834	834	(b) Section 64, Texas Probate Code, is repealed.
835	835	SECTION 8.010. Section 256.052(a), Estates Code, as
836	836	effective January 1, 2014, is amended to conform to Section 1,
837	837	Chapter 633 (H.B. 1460), Acts of the 81st Legislature, Regular
838	838	Session, 2009, to read as follows:
839	839	(a) An application for the probate of a written will must
840	840	state and aver the following to the extent each is known to the
841	841	applicant or can, with reasonable diligence, be ascertained by the
842	842	applicant:
843	843	(1) each applicant's name and domicile;
844	844	(2) the testator's name, domicile, and, if known, age,
845	845	on the date of the testator's death;
846	846	(3) the fact, time, and place of the testator's death;
847	847	(4) facts showing that the court with which the
848	848	application is filed has venue;
849	849	(5) that the testator owned property, including a
850	850	statement generally describing the property and the property's
851	851	probable value;
852	852	(6) the date of the will;
853	853	(7) the name and residence of:
854	854	(A) any executor named in the will or, if no
855	855	executor is named, of the person to whom the applicant desires that
856	856	letters be issued; and
857	857	(B) each subscribing witness to the will, if any;
858	858	(8) whether one or more children born to or adopted by
859	859	the testator after the testator executed the will survived the
860	860	testator and, if so, the name of each of those children;
861	861	(9) whether a marriage of the testator was ever
862	862	dissolved after the will was made, whether by divorce, annulment,
863	863	or a declaration that the marriage was void, [divorced] and, if so,
864	864	when and from whom;
865	865	(10) whether the state, a governmental agency of the
866	866	state, or a charitable organization is named in the will as a
867	867	devisee; and
868	868	(11) that the executor named in the will, the
869	869	applicant, or another person to whom the applicant desires that
870	870	letters be issued is not disqualified by law from accepting the
871	871	letters.
872	872	SECTION 8.011. Section 257.051(a), Estates Code, as
873	873	effective January 1, 2014, is amended to conform to Section 1,
874	874	Chapter 634 (H.B. 1461), Acts of the 81st Legislature, Regular
875	875	Session, 2009, to read as follows:
876	876	(a) An application for the probate of a will as a muniment of
877	877	title must state and aver the following to the extent each is known
878	878	to the applicant or can, with reasonable diligence, be ascertained
879	879	by the applicant:
880	880	(1) each applicant's name and domicile;
881	881	(2) the testator's name, domicile, and, if known, age,
882	882	on the date of the testator's death;
883	883	(3) the fact, time, and place of the testator's death;
884	884	(4) facts showing that the court with which the
885	885	application is filed has venue;
886	886	(5) that the testator owned property, including a
887	887	statement generally describing the property and the property's
888	888	probable value;
889	889	(6) the date of the will;
890	890	(7) the name and residence of:
891	891	(A) any executor named in the will; and
892	892	(B) each subscribing witness to the will, if any;
893	893	(8) whether one or more children born to or adopted by
894	894	the testator after the testator executed the will survived the
895	895	testator and, if so, the name of each of those children;
896	896	(9) that the testator's estate does not owe an unpaid
897	897	debt, other than any debt secured by a lien on real estate;
898	898	(10) whether a marriage of the testator was ever
899	899	dissolved after the will was made, whether by divorce, annulment,
900	900	or a declaration that the marriage was void, [divorced] and, if so,
901	901	when and from whom; and
902	902	(11) whether the state, a governmental agency of the
903	903	state, or a charitable organization is named in the will as a
904	904	devisee.
905	905	SECTION 8.012. Section 305.055, Estates Code, as effective
906	906	January 1, 2014, is amended to conform to Section 8, Chapter 602
907	907	(H.B. 585), Acts of the 81st Legislature, Regular Session, 2009, to
908	908	read as follows:
909	909	Sec. 305.055. FILING AND RECORDING OF OATH. An oath shall
910	910	be:
911	911	(1) filed with the clerk of the court granting the
912	912	letters testamentary or of administration, as applicable; and
913	913	(2) recorded in the judge's probate docket [minutes of
914	914	that court].
915	915	SECTION 8.013. Section 305.251(a), Estates Code, as
916	916	effective January 1, 2014, is amended to more closely conform to the
917	917	source law from which it was derived to read as follows:
918	918	(a) A personal representative may be required to give a new
919	919	bond if:
920	920	(1) a surety on a bond dies, removes beyond the limits
921	921	[moves out] of this state, or becomes insolvent;
922	922	(2) in the court's opinion:
923	923	(A) the sureties on a bond are insufficient; or
924	924	(B) a bond is defective;
925	925	(3) the amount of a bond is insufficient;
926	926	(4) a surety on a bond petitions the court to be
927	927	discharged from future liability on the bond; or
928	928	(5) a bond and the record of the bond have been lost or
929	929	destroyed.
930	930	SECTION 8.014. Section 309.051(b), Estates Code, as
931	931	effective January 1, 2014, is amended to more closely conform to the
932	932	source law from which it was derived to read as follows:
933	933	(b) The personal representative shall:
934	934	(1) set out in the inventory the representative's
935	935	appraisement of the fair market value on the date of the decedent's
936	936	death of each item in the inventory; or
937	937	(2) if the court has appointed one or more appraisers
938	938	for the estate [under Subchapter A]:
939	939	(A) determine the fair market value of each item
940	940	in the inventory with the assistance of the appraiser or
941	941	appraisers; and
942	942	(B) set out that appraisement in the inventory.
943	943	SECTION 8.015. Section 355.102(g), Estates Code, as
944	944	effective January 1, 2014, is amended to conform to Section 25.151,
945	945	Chapter 87 (S.B. 1969), Acts of the 81st Legislature, Regular
946	946	Session, 2009, to read as follows:
947	947	(g) Class 6 claims are composed of claims for the cost of
948	948	confinement established by the [institutional division of the]
949	949	Texas Department of Criminal Justice under Section 501.017,
950	950	Government Code.
951	951	SECTION 8.016. Section 357.002(b), Estates Code, as
952	952	effective January 1, 2014, is amended to more closely conform to the
953	953	source law from which it was derived to read as follows:
954	954	(b) If the court finds that granting an application filed
955	955	under Subsection (a) is in the interest of the estate, the court
956	956	shall grant the application and issue an order that:
957	957	(1) describes the property to be rented; and
958	958	(2) states whether the property will be rented at
959	959	public auction or privately, whether for cash or on credit, and if
960	960	on credit, the extent of the credit and the period for which the
961	961	property may be rented.
962	962	SECTION 8.017. Section 358.152(d), Estates Code, as
963	963	effective January 1, 2014, is amended to conform to Section 9,
964	964	Chapter 602 (H.B. 585), Acts of the 81st Legislature, Regular
965	965	Session, 2009, to read as follows:
966	966	(d) The agreement may not be recorded in the judge's probate
967	967	docket [minutes].
968	968	SECTION 8.018. Section 362.009, Estates Code, as effective
969	969	January 1, 2014, is amended to conform to Section 10, Chapter 602
970	970	(H.B. 585), Acts of the 81st Legislature, Regular Session, 2009, to
971	971	read as follows:
972	972	Sec. 362.009. MONEY DUE TO ESTATE PENDING FINAL DISCHARGE.
973	973	Money or another thing of value that becomes due to the estate while
974	974	an account for final settlement is pending may be paid, delivered,
975	975	or tendered to the personal representative until the order of final
976	976	discharge of the representative is entered in the judge's probate
977	977	docket [minutes of the court]. The representative shall issue a
978	978	receipt for the money or other thing of value to the obligor or
979	979	payor. On issuance of the receipt, the obligor or payor is
980	980	discharged of the obligation for all purposes.
981	981	SECTION 8.019. Sections 501.004(a) and (b), Estates Code,
982	982	as effective January 1, 2014, are amended to conform to Section 6,
983	983	Chapter 602 (H.B. 585), Acts of the 81st Legislature, Regular
984	984	Session, 2009, to read as follows:
985	985	(a) If a foreign will submitted for ancillary probate in
986	986	this state has been admitted to probate or otherwise established in
987	987	the jurisdiction in which the testator was domiciled at the time of
988	988	the testator's death, it is the ministerial duty of the court clerk
989	989	to record the will and the evidence of the will's probate or other
990	990	establishment in the judge's probate docket [minutes of the court].
991	991	(b) If a foreign will submitted for ancillary probate in
992	992	this state has been admitted to probate or otherwise established in
993	993	a jurisdiction other than the jurisdiction in which the testator
994	994	was domiciled at the time of the testator's death, and a contest
995	995	against the ancillary probate is not filed as authorized by Chapter
996	996	504, the court clerk shall record the will and the evidence of the
997	997	will's probate or other establishment in the judge's probate docket
998	998	[minutes of the court].
999	999	SECTION 8.020. Section 504.051, Estates Code, as effective
1000	1000	January 1, 2014, is amended to conform to Section 7, Chapter 602
1001	1001	(H.B. 585), Acts of the 81st Legislature, Regular Session, 2009, to
1002	1002	read as follows:
1003	1003	Sec. 504.051. NOTICE OF WILL CONTEST IN FOREIGN
1004	1004	JURISDICTION. Verified notice that a proceeding to contest a will
1005	1005	probated or established in a foreign jurisdiction has been
1006	1006	commenced in that jurisdiction may be filed and recorded in the
1007	1007	judge's probate docket [minutes] of the court in this state in which
1008	1008	the foreign will was probated, or in the deed records of any county
1009	1009	of this state in which the foreign will was recorded, within the
1010	1010	time limits for the contest of a foreign will in this state.
1011	1011	SECTION 8.021. Section 551.006(b), Estates Code, as
1012	1012	effective January 1, 2014, is amended to conform to Section 11,
1013	1013	Chapter 602 (H.B. 585), Acts of the 81st Legislature, Regular
1014	1014	Session, 2009, to read as follows:
1015	1015	(b) The court clerk shall record the comptroller's receipt
1016	1016	in the judge's probate docket [minutes of the court].
1017	1017	SECTION 8.022. Section 22.023, Estates Code, as effective
1018	1018	January 1, 2014, is repealed to conform to Section 19(2), Chapter
1019	1019	602 (H.B. 585), Acts of the 81st Legislature, Regular Session,
1020	1020	2009.
1021	1021	SECTION 8.023. Section 53.105, Estates Code, as effective
1022	1022	January 1, 2014, is repealed to conform to Section 3, Chapter 602
1023	1023	(H.B. 585), Acts of the 81st Legislature, Regular Session, 2009.
1024	1024	SECTION 8.024. It is the intent of the legislature that,
1025	1025	with respect to any provision of the Texas Probate Code that is
1026	1026	transferred by Chapter 680 (H.B. 2502), Acts of the 81st
1027	1027	Legislature, Regular Session, 2009, to the Estates Code and
1028	1028	redesignated as a provision of that code effective January 1, 2014,
1029	1029	the transferred provision include all amendments to that provision
1030	1030	enacted by the 81st, 82nd, and 83rd Legislatures and any
1031	1031	reenactments of the provision by those legislatures.
1032	1032	SECTION 8.025. (a) This section applies in addition to the
1033	1033	saving provisions specified by Sections 311.031(c) and (d),
1034	1034	Government Code (Code Construction Act).
1035	1035	(b) The repeal of a statute by Chapter 680 (H.B. 2502), Acts
1036	1036	of the 81st Legislature, Regular Session, 2009, does not affect an
1037	1037	amendment, revision, or reenactment of the statute by the 82nd or
1038	1038	83rd Legislature. The amendment, revision, or reenactment made by
1039	1039	the 82nd or 83rd Legislature is preserved and given effect as part
1040	1040	of the code provision that revised the statute so amended, revised,
1041	1041	or reenacted.
1042	1042	(c) If any provision of Title 1 or Subtitle B, C, D, E, F, G,
1043	1043	H, J, K, or L, Title 2, Estates Code, as enacted by Chapter 680 (H.B.
1044	1044	2502), Acts of the 81st Legislature, Regular Session, 2009,
1045	1045	effective January 1, 2014, conflicts with a statute enacted by the
1046	1046	82nd or 83rd Legislature, the statute controls.
1047	1047	SECTION 8.026. (a) Except as otherwise provided by this
1048	1048	section, this article takes effect January 1, 2014.
1049	1049	(b) Sections 8.024 and 8.025 take effect September 1, 2011.
1050	1050	ARTICLE 9. CHANGES RELATING TO FAMILY CODE
1051	1051	SECTION 9.001. Section 154.062(c), Family Code, as amended
1052	1052	by Chapters 767 (S.B. 865), 834 (S.B. 1820), and 1118 (H.B. 1151),
1053	1053	Acts of the 81st Legislature, Regular Session, 2009, is reenacted
1054	1054	and amended to read as follows:
1055	1055	(c) Resources do not include:
1056	1056	(1) return of principal or capital;
1057	1057	(2) accounts receivable;
1058	1058	(3) benefits paid in accordance with the Temporary
1059	1059	Assistance for Needy Families program or another federal public
1060	1060	assistance program [programs]; or
1061	1061	(4) payments for foster care of a child.
1062	1062	SECTION 9.002. Section 263.502(c), Family Code, as amended
1063	1063	by Chapters 108 (H.B. 1629) and 1372 (S.B. 939), Acts of the 81st
1064	1064	Legislature, Regular Session, 2009, is reenacted and amended to
1065	1065	read as follows:
1066	1066	(c) The placement review report must identify the
1067	1067	department's permanency goal for the child and must:
1068	1068	(1) evaluate whether the child's current placement is
1069	1069	appropriate for meeting the child's needs;
1070	1070	(2) evaluate whether efforts have been made to ensure
1071	1071	placement of the child in the least restrictive environment
1072	1072	consistent with the best interest and special needs of the child if
1073	1073	the child is placed in institutional care;
1074	1074	(3) contain a transition plan for a child who is at
1075	1075	least 16 years of age that identifies the services and specific
1076	1076	tasks that are needed to assist the child in making the transition
1077	1077	from substitute care to adult living and describes the services
1078	1078	that are being provided through the Transitional Living Services
1079	1079	Program operated by the department;
1080	1080	(4) evaluate whether the child's current educational
1081	1081	placement is appropriate for meeting the child's academic needs;
1082	1082	(5) identify other plans or services that are needed
1083	1083	to meet the child's special needs or circumstances;
1084	1084	(6) describe the efforts of the department or
1085	1085	authorized agency to place the child for adoption if parental
1086	1086	rights to the child have been terminated and the child is eligible
1087	1087	for adoption, including efforts to provide adoption promotion and
1088	1088	support services as defined by 42 U.S.C. Section 629a and other
1089	1089	efforts consistent with the federal Adoption and Safe Families Act
1090	1090	of 1997 (Pub. L. No. 105-89); [and]
1091	1091	(7) for a child for whom the department has been named
1092	1092	managing conservator in a final order that does not include
1093	1093	termination of parental rights, describe the efforts of the
1094	1094	department to find a permanent placement for the child, including
1095	1095	efforts to:
1096	1096	(A) work with the caregiver with whom the child
1097	1097	is placed to determine whether that caregiver is willing to become a
1098	1098	permanent placement for the child;
1099	1099	(B) locate a relative or other suitable
1100	1100	individual to serve as permanent managing conservator of the child;
1101	1101	and
1102	1102	(C) evaluate any change in a parent's
1103	1103	circumstances to determine whether:
1104	1104	(i) the child can be returned to the parent;
1105	1105	or
1106	1106	(ii) parental rights should be terminated;
1107	1107	and
1108	1108	(8) [(7)] with respect to a child committed to the
1109	1109	Texas Youth Commission or released under supervision by the Texas
1110	1110	Youth Commission:
1111	1111	(A) evaluate whether the child's needs for
1112	1112	treatment and education are being met;
1113	1113	(B) describe, using information provided by the
1114	1114	Texas Youth Commission, the child's progress in any rehabilitation
1115	1115	program administered by the Texas Youth Commission; and
1116	1116	(C) recommend other plans or services to meet the
1117	1117	child's needs.
1118	1118	SECTION 9.003. Section 263.503, Family Code, as amended by
1119	1119	Chapters 108 (H.B. 1629) and 1372 (S.B. 939), Acts of the 81st
1120	1120	Legislature, Regular Session, 2009, is reenacted and amended to
1121	1121	read as follows:
1122	1122	Sec. 263.503. PLACEMENT REVIEW HEARINGS; PROCEDURE.
1123	1123	(a) At each placement review hearing, the court shall determine
1124	1124	whether:
1125	1125	(1) the child's current placement is necessary, safe,
1126	1126	and appropriate for meeting the child's needs, including with
1127	1127	respect to a child placed outside of the state, whether the
1128	1128	placement continues to be appropriate and in the best interest of
1129	1129	the child;
1130	1130	(2) efforts have been made to ensure placement of the
1131	1131	child in the least restrictive environment consistent with the best
1132	1132	interest and special needs of the child if the child is placed in
1133	1133	institutional care;
1134	1134	(3) the services that are needed to assist a child who
1135	1135	is at least 16 years of age in making the transition from substitute
1136	1136	care to independent living are available in the community;
1137	1137	(4) other plans or services are needed to meet the
1138	1138	child's special needs or circumstances;
1139	1139	(5) the department or authorized agency has exercised
1140	1140	due diligence in attempting to place the child for adoption if
1141	1141	parental rights to the child have been terminated and the child is
1142	1142	eligible for adoption;
1143	1143	(6) for a child for whom the department has been named
1144	1144	managing conservator in a final order that does not include
1145	1145	termination of parental rights, a permanent placement, including
1146	1146	appointing a relative as permanent managing conservator or
1147	1147	returning the child to a parent, is appropriate for the child;
1148	1148	(7) for a child whose permanency goal is another
1149	1149	planned, permanent living arrangement, the department has:
1150	1150	(A) documented a compelling reason why adoption,
1151	1151	permanent managing conservatorship with a relative or other
1152	1152	suitable individual, or returning the child to a parent is not in
1153	1153	the child's best interest; and
1154	1154	(B) identified a family or other caring adult who
1155	1155	has made a permanent commitment to the child; [and]
1156	1156	(8) the department or authorized agency has made
1157	1157	reasonable efforts to finalize the permanency plan that is in
1158	1158	effect for the child; and
1159	1159	(9) [(7)] if the child is committed to the Texas Youth
1160	1160	Commission or released under supervision by the Texas Youth
1161	1161	Commission, the child's needs for treatment, rehabilitation, and
1162	1162	education are being met.
1163	1163	(b) For a child for whom the department has been named
1164	1164	managing conservator in a final order that does not include
1165	1165	termination of parental rights, the court may order the department
1166	1166	to provide services to a parent for not more than six months after
1167	1167	the date of the placement review hearing if:
1168	1168	(1) the child has not been placed with a relative or
1169	1169	other individual, including a foster parent, who is seeking
1170	1170	permanent managing conservatorship of the child; and
1171	1171	(2) the court determines that further efforts at
1172	1172	reunification with a parent are:
1173	1173	(A) in the best interest of the child; and
1174	1174	(B) likely to result in the child's safe return
1175	1175	to the child's parent.
1176	1176	ARTICLE 10. CHANGES RELATING TO FINANCE CODE
1177	1177	SECTION 10.001. Section 157.012, Finance Code, as added by
1178	1178	Chapters 1104 (H.B. 10) and 1147 (H.B. 2779), Acts of the 81st
1179	1179	Legislature, Regular Session, 2009, is reenacted to read as
1180	1180	follows:
1181	1181	Sec. 157.012. LICENSE REQUIRED FOR CERTAIN EMPLOYEES OF
1182	1182	MORTGAGE BANKERS. (a) In this section, "Nationwide Mortgage
1183	1183	Licensing System and Registry" and "residential mortgage loan
1184	1184	originator" have the meanings assigned by Section 180.002.
1185	1185	(b) An employee of a mortgage banker may not act in the
1186	1186	capacity of a residential mortgage loan originator unless the
1187	1187	employee:
1188	1188	(1) is licensed under this chapter and enrolled with
1189	1189	the Nationwide Mortgage Licensing System and Registry as required
1190	1190	by Section 180.052; and
1191	1191	(2) complies with other applicable requirements of
1192	1192	Chapter 180 and rules adopted by the finance commission under that
1193	1193	chapter.
1194	1194	(c) The finance commission may adopt rules under this
1195	1195	chapter as required to carry out the intentions of the federal
1196	1196	Secure and Fair Enforcement for Mortgage Licensing Act of 2008
1197	1197	(Pub. L. No. 110-289).
1198	1198	(d) To be eligible to be licensed as a residential mortgage
1199	1199	loan originator, an employee of a mortgage banker, in addition to
1200	1200	the requirements of Subsection (b), must:
1201	1201	(1) satisfy the commissioner as to the employee's good
1202	1202	moral character, including the employee's honesty,
1203	1203	trustworthiness, and integrity;
1204	1204	(2) not be in violation of this chapter or a rule
1205	1205	adopted under this chapter; and
1206	1206	(3) provide the commissioner with satisfactory
1207	1207	evidence that the employee meets the qualifications provided by
1208	1208	Chapter 180.
1209	1209	SECTION 10.002. Section 348.208(b), Finance Code, as
1210	1210	amended by Chapters 36 (S.B. 778) and 149 (S.B. 1966), Acts of the
1211	1211	81st Legislature, Regular Session, 2009, is reenacted and amended
1212	1212	to read as follows:
1213	1213	(b) A retail installment contract may include as a separate
1214	1214	charge an amount for:
1215	1215	(1) motor vehicle property damage or bodily injury
1216	1216	liability insurance;
1217	1217	(2) mechanical breakdown insurance;
1218	1218	(3) participation in a motor vehicle theft protection
1219	1219	plan;
1220	1220	(4) insurance to reimburse the retail buyer for the
1221	1221	amount computed by subtracting the proceeds of the buyer's basic
1222	1222	collision policy on the motor vehicle from the amount owed on the
1223	1223	vehicle if the vehicle has been rendered a total loss;
1224	1224	(5) a warranty or service contract relating to the
1225	1225	motor vehicle; [or]
1226	1226	(6) an identity recovery service contract defined by
1227	1227	Section 1306.003, Occupations Code; or
1228	1228	(7) [(6)] a debt cancellation agreement if the
1229	1229	agreement is included as a term of a retail installment contract
1230	1230	under Section 348.124.
1231	1231	ARTICLE 11. CHANGES RELATING TO GOVERNMENT CODE
1232	1232	PART A. GENERAL CHANGES
1233	1233	SECTION 11.001. Section 76.011(b), Government Code, is
1234	1234	amended to correct a reference to read as follows:
1235	1235	(b) The department may use money deposited in the special
1236	1236	fund of the county treasury for the department under Article
1237	1237	103.004(d) [103.004(b)], Code of Criminal Procedure, only for the
1238	1238	same purposes for which state aid may be used under this chapter.
1239	1239	SECTION 11.002. Section 316.002(a), Government Code, is
1240	1240	amended to correct a reference to read as follows:
1241	1241	(a) Before the Legislative Budget Board submits the budget
1242	1242	as prescribed by Section 322.008(c) [322.008(b)], the board shall
1243	1243	establish:
1244	1244	(1) the estimated rate of growth of the state's economy
1245	1245	from the current biennium to the next biennium;
1246	1246	(2) the level of appropriations for the current
1247	1247	biennium from state tax revenues not dedicated by the constitution;
1248	1248	and
1249	1249	(3) the amount of state tax revenues not dedicated by
1250	1250	the constitution that could be appropriated for the next biennium
1251	1251	within the limit established by the estimated rate of growth of the
1252	1252	state's economy.
1253	1253	SECTION 11.003. Section 403.302(d), Government Code, as
1254	1254	amended by Chapters 1186 (H.B. 3676) and 1328 (H.B. 3646), Acts of
1255	1255	the 81st Legislature, Regular Session, 2009, is reenacted to read
1256	1256	as follows:
1257	1257	(d) For the purposes of this section, "taxable value" means
1258	1258	the market value of all taxable property less:
1259	1259	(1) the total dollar amount of any residence homestead
1260	1260	exemptions lawfully granted under Section 11.13(b) or (c), Tax
1261	1261	Code, in the year that is the subject of the study for each school
1262	1262	district;
1263	1263	(2) one-half of the total dollar amount of any
1264	1264	residence homestead exemptions granted under Section 11.13(n), Tax
1265	1265	Code, in the year that is the subject of the study for each school
1266	1266	district;
1267	1267	(3) the total dollar amount of any exemptions granted
1268	1268	before May 31, 1993, within a reinvestment zone under agreements
1269	1269	authorized by Chapter 312, Tax Code;
1270	1270	(4) subject to Subsection (e), the total dollar amount
1271	1271	of any captured appraised value of property that:
1272	1272	(A) is within a reinvestment zone created on or
1273	1273	before May 31, 1999, or is proposed to be included within the
1274	1274	boundaries of a reinvestment zone as the boundaries of the zone and
1275	1275	the proposed portion of tax increment paid into the tax increment
1276	1276	fund by a school district are described in a written notification
1277	1277	provided by the municipality or the board of directors of the zone
1278	1278	to the governing bodies of the other taxing units in the manner
1279	1279	provided by Section 311.003(e), Tax Code, before May 31, 1999, and
1280	1280	within the boundaries of the zone as those boundaries existed on
1281	1281	September 1, 1999, including subsequent improvements to the
1282	1282	property regardless of when made;
1283	1283	(B) generates taxes paid into a tax increment
1284	1284	fund created under Chapter 311, Tax Code, under a reinvestment zone
1285	1285	financing plan approved under Section 311.011(d), Tax Code, on or
1286	1286	before September 1, 1999; and
1287	1287	(C) is eligible for tax increment financing under
1288	1288	Chapter 311, Tax Code;
1289	1289	(5) the total dollar amount of any captured appraised
1290	1290	value of property that:
1291	1291	(A) is within a reinvestment zone:
1292	1292	(i) created on or before December 31, 2008,
1293	1293	by a municipality with a population of less than 18,000; and
1294	1294	(ii) the project plan for which includes
1295	1295	the alteration, remodeling, repair, or reconstruction of a
1296	1296	structure that is included on the National Register of Historic
1297	1297	Places and requires that a portion of the tax increment of the zone
1298	1298	be used for the improvement or construction of related facilities
1299	1299	or for affordable housing;
1300	1300	(B) generates school district taxes that are paid
1301	1301	into a tax increment fund created under Chapter 311, Tax Code; and
1302	1302	(C) is eligible for tax increment financing under
1303	1303	Chapter 311, Tax Code;
1304	1304	(6) the total dollar amount of any exemptions granted
1305	1305	under Section 11.251 or 11.253, Tax Code;
1306	1306	(7) the difference between the comptroller's estimate
1307	1307	of the market value and the productivity value of land that
1308	1308	qualifies for appraisal on the basis of its productive capacity,
1309	1309	except that the productivity value estimated by the comptroller may
1310	1310	not exceed the fair market value of the land;
1311	1311	(8) the portion of the appraised value of residence
1312	1312	homesteads of individuals who receive a tax limitation under
1313	1313	Section 11.26, Tax Code, on which school district taxes are not
1314	1314	imposed in the year that is the subject of the study, calculated as
1315	1315	if the residence homesteads were appraised at the full value
1316	1316	required by law;
1317	1317	(9) a portion of the market value of property not
1318	1318	otherwise fully taxable by the district at market value because of:
1319	1319	(A) action required by statute or the
1320	1320	constitution of this state that, if the tax rate adopted by the
1321	1321	district is applied to it, produces an amount equal to the
1322	1322	difference between the tax that the district would have imposed on
1323	1323	the property if the property were fully taxable at market value and
1324	1324	the tax that the district is actually authorized to impose on the
1325	1325	property, if this subsection does not otherwise require that
1326	1326	portion to be deducted; or
1327	1327	(B) action taken by the district under Subchapter
1328	1328	B or C, Chapter 313, Tax Code, before the expiration of the
1329	1329	subchapter;
1330	1330	(10) the market value of all tangible personal
1331	1331	property, other than manufactured homes, owned by a family or
1332	1332	individual and not held or used for the production of income;
1333	1333	(11) the appraised value of property the collection of
1334	1334	delinquent taxes on which is deferred under Section 33.06, Tax
1335	1335	Code;
1336	1336	(12) the portion of the appraised value of property
1337	1337	the collection of delinquent taxes on which is deferred under
1338	1338	Section 33.065, Tax Code; and
1339	1339	(13) the amount by which the market value of a
1340	1340	residence homestead to which Section 23.23, Tax Code, applies
1341	1341	exceeds the appraised value of that property as calculated under
1342	1342	that section.
1343	1343	SECTION 11.004. Section 403.302(m), Government Code, as
1344	1344	added by Chapter 1186 (H.B. 3676), Acts of the 81st Legislature,
1345	1345	Regular Session, 2009, is amended to conform to Section 80, Chapter
1346	1346	1328 (H.B. 3646), Acts of the 81st Legislature, Regular Session,
1347	1347	2009, to read as follows:
1348	1348	(m) Subsection (d)(9) [(d)(10)] does not apply to property
1349	1349	that was the subject of an application under Subchapter B or C,
1350	1350	Chapter 313, Tax Code, made after May 1, 2009, that the comptroller
1351	1351	recommended should be disapproved.
1352	1352	SECTION 11.005. Section 411.081(i), Government Code, as
1353	1353	amended by Chapters 183 (H.B. 1830), 780 (S.B. 1056), 816 (S.B.
1354	1354	1599), and 1027 (H.B. 4343), Acts of the 81st Legislature, Regular
1355	1355	Session, 2009, is reenacted and amended to read as follows:
1356	1356	(i) A criminal justice agency may disclose criminal history
1357	1357	record information that is the subject of an order of nondisclosure
1358	1358	under Subsection (d) to the following noncriminal justice agencies
1359	1359	or entities only:
1360	1360	(1) the State Board for Educator Certification;
1361	1361	(2) a school district, charter school, private school,
1362	1362	regional education service center, commercial transportation
1363	1363	company, or education shared service arrangement;
1364	1364	(3) the Texas Medical Board;
1365	1365	(4) the Texas School for the Blind and Visually
1366	1366	Impaired;
1367	1367	(5) the Board of Law Examiners;
1368	1368	(6) the State Bar of Texas;
1369	1369	(7) a district court regarding a petition for name
1370	1370	change under Subchapter B, Chapter 45, Family Code;
1371	1371	(8) the Texas School for the Deaf;
1372	1372	(9) the Department of Family and Protective Services;
1373	1373	(10) the Texas Youth Commission;
1374	1374	(11) the Department of Assistive and Rehabilitative
1375	1375	Services;
1376	1376	(12) the Department of State Health Services, a local
1377	1377	mental health service, a local mental retardation authority, or a
1378	1378	community center providing services to persons with mental illness
1379	1379	or retardation;
1380	1380	(13) the Texas Private Security Board;
1381	1381	(14) a municipal or volunteer fire department;
1382	1382	(15) the Texas Board of Nursing;
1383	1383	(16) a safe house providing shelter to children in
1384	1384	harmful situations;
1385	1385	(17) a public or nonprofit hospital or hospital
1386	1386	district;
1387	1387	(18) the Texas Juvenile Probation Commission;
1388	1388	(19) the securities commissioner, the banking
1389	1389	commissioner, the savings and mortgage lending commissioner, or the
1390	1390	credit union commissioner;
1391	1391	(20) the Texas State Board of Public Accountancy;
1392	1392	(21) the Texas Department of Licensing and Regulation;
1393	1393	(22) the Health and Human Services Commission;
1394	1394	(23) the Department of Aging and Disability Services;
1395	1395	(24) the Texas Education Agency; [and]
1396	1396	(25) the Guardianship Certification Board; [and]
1397	1397	(26) a county clerk's office in relation to a
1398	1398	proceeding for the appointment of a guardian under Chapter XIII,
1399	1399	Texas Probate Code;
1400	1400	(27) [(25)] the Department of Information Resources
1401	1401	but only regarding an employee, applicant for employment,
1402	1402	contractor, subcontractor, intern, or volunteer who provides
1403	1403	network security services under Chapter 2059 to:
1404	1404	(A) the Department of Information Resources; or
1405	1405	(B) a contractor or subcontractor of the
1406	1406	Department of Information Resources;
1407	1407	(28) [(25)] the Court Reporters Certification Board;
1408	1408	and
1409	1409	(29) [(25)] the Texas Department of Insurance.
1410	1410	SECTION 11.006. Section 411.122(d), Government Code, as
1411	1411	amended by Chapters 213 (S.B. 1005), 450 (H.B. 2447), and 933
1412	1412	(H.B. 3097), Acts of the 81st Legislature, Regular Session, 2009,
1413	1413	is reenacted to read as follows:
1414	1414	(d) The following state agencies are subject to this
1415	1415	section:
1416	1416	(1) Texas Appraiser Licensing and Certification
1417	1417	Board;
1418	1418	(2) Texas Board of Architectural Examiners;
1419	1419	(3) Texas Board of Chiropractic Examiners;
1420	1420	(4) State Board of Dental Examiners;
1421	1421	(5) Texas Board of Professional Engineers;
1422	1422	(6) Texas Funeral Service Commission;
1423	1423	(7) Texas Board of Professional Geoscientists;
1424	1424	(8) Department of State Health Services, except as
1425	1425	provided by Section 411.110, and agencies attached to the
1426	1426	department, including:
1427	1427	(A) Texas State Board of Examiners of Dietitians;
1428	1428	(B) Texas State Board of Examiners of Marriage
1429	1429	and Family Therapists;
1430	1430	(C) Midwifery Board;
1431	1431	(D) Texas State Perfusionist Advisory Committee;
1432	1432	(E) Texas State Board of Examiners of
1433	1433	Professional Counselors;
1434	1434	(F) Texas State Board of Social Worker Examiners;
1435	1435	(G) State Board of Examiners for Speech-Language
1436	1436	Pathology and Audiology;
1437	1437	(H) Advisory Board of Athletic Trainers;
1438	1438	(I) State Committee of Examiners in the Fitting
1439	1439	and Dispensing of Hearing Instruments;
1440	1440	(J) Texas Board of Licensure for Professional
1441	1441	Medical Physicists; and
1442	1442	(K) Texas Board of Orthotics and Prosthetics;
1443	1443	(9) Texas Board of Professional Land Surveying;
1444	1444	(10) Texas Department of Licensing and Regulation,
1445	1445	except as provided by Section 411.093;
1446	1446	(11) Texas Commission on Environmental Quality;
1447	1447	(12) Texas Board of Occupational Therapy Examiners;
1448	1448	(13) Texas Optometry Board;
1449	1449	(14) Texas State Board of Pharmacy;
1450	1450	(15) Texas Board of Physical Therapy Examiners;
1451	1451	(16) Texas State Board of Plumbing Examiners;
1452	1452	(17) Texas State Board of Podiatric Medical Examiners;
1453	1453	(18) Texas State Board of Examiners of Psychologists;
1454	1454	(19) Texas Real Estate Commission;
1455	1455	(20) Texas Department of Transportation;
1456	1456	(21) State Board of Veterinary Medical Examiners;
1457	1457	(22) Texas Department of Housing and Community
1458	1458	Affairs;
1459	1459	(23) secretary of state;
1460	1460	(24) state fire marshal;
1461	1461	(25) Texas Education Agency;
1462	1462	(26) Department of Agriculture; and
1463	1463	(27) Texas Department of Motor Vehicles.
1464	1464	SECTION 11.007. Section 411.190(d-1), Government Code, as
1465	1465	added by Sections 5.11 and 11.15, Chapter 1146 (H.B. 2730), Acts of
1466	1466	the 81st Legislature, Regular Session, 2009, is reenacted to read
1467	1467	as follows:
1468	1468	(d-1) The department shall ensure that an applicant may
1469	1469	renew certification under Subsection (d) from any county in this
1470	1470	state by using an online format to complete the required retraining
1471	1471	courses if:
1472	1472	(1) the applicant is renewing certification for the
1473	1473	first time; or
1474	1474	(2) the applicant completed the required retraining
1475	1475	courses in person the previous time the applicant renewed
1476	1476	certification.
1477	1477	SECTION 11.008. Section 418.016, Government Code, as
1478	1478	amended by Chapters 990 (H.B. 3851) and 1280 (H.B. 1831), Acts of
1479	1479	the 81st Legislature, Regular Session, 2009, is reenacted and
1480	1480	amended to read as follows:
1481	1481	Sec. 418.016. SUSPENSION OF CERTAIN LAWS AND RULES.
1482	1482	(a) The governor may suspend the provisions of any regulatory
1483	1483	statute prescribing the procedures for conduct of state business or
1484	1484	the orders or rules of a state agency if strict compliance with the
1485	1485	provisions, orders, or rules would in any way prevent, hinder, or
1486	1486	delay necessary action in coping with a disaster.
1487	1487	(b) Upon declaration of a state of disaster, enforcement of
1488	1488	the regulation of on-premise outdoor signs under Subchapter A,
1489	1489	Chapter 216, Local Government Code, by a municipality that is
1490	1490	located in a county within, or that is located in a county adjacent
1491	1491	to a county within, the disaster area specified by the declaration
1492	1492	is suspended to allow licensed or admitted insurance carriers or
1493	1493	licensed agents acting on behalf of insurance carriers to erect
1494	1494	temporary claims service signage for not more than 30 days or until
1495	1495	the end of the declaration of disaster, whichever is earlier.
1496	1496	(c) A temporary claims service sign shall not:
1497	1497	(1) be larger than forty square feet in size; [and]
1498	1498	(2) be more than five feet in height; and
1499	1499	(3) be placed in the right of way.
1500	1500	(d) [(4)] At the end of the 30 days or the end of the
1501	1501	declaration of disaster, whichever is earlier, the insurance
1502	1502	carrier or its licensed agents must remove the temporary claims
1503	1503	service signage that was erected.
1504	1504	(e) [(b)] On request of a political subdivision, the
1505	1505	governor may waive or suspend a deadline imposed by a statute or the
1506	1506	orders or rules of a state agency on the political subdivision,
1507	1507	including a deadline relating to a budget or ad valorem tax, if the
1508	1508	waiver or suspension is reasonably necessary to cope with a
1509	1509	disaster.
1510	1510	SECTION 11.009. Section 418.042(a), Government Code, as
1511	1511	amended by Chapters 365 (H.B. 1326) and 1280 (H.B. 1831), Acts of
1512	1512	the 81st Legislature, Regular Session, 2009, is reenacted and
1513	1513	amended to read as follows:
1514	1514	(a) The division shall prepare and keep current a
1515	1515	comprehensive state emergency management plan. The plan may
1516	1516	include:
1517	1517	(1) provisions for prevention and minimization of
1518	1518	injury and damage caused by disaster;
1519	1519	(2) provisions for prompt and effective response to
1520	1520	disaster;
1521	1521	(3) provisions for emergency relief;
1522	1522	(4) provisions for energy emergencies;
1523	1523	(5) identification of areas particularly vulnerable
1524	1524	to disasters;
1525	1525	(6) recommendations for zoning, building
1526	1526	restrictions, and other land-use controls, safety measures for
1527	1527	securing mobile homes or other nonpermanent or semipermanent
1528	1528	structures, and other preventive and preparedness measures
1529	1529	designed to eliminate or reduce disasters or their impact;
1530	1530	(7) provisions for assistance to local officials in
1531	1531	designing local emergency management plans;
1532	1532	(8) authorization and procedures for the erection or
1533	1533	other construction of temporary works designed to protect against
1534	1534	or mitigate danger, damage, or loss from flood, fire, or other
1535	1535	disaster;
1536	1536	(9) preparation and distribution to the appropriate
1537	1537	state and local officials of state catalogs of federal, state, and
1538	1538	private assistance programs;
1539	1539	(10) organization of manpower and channels of
1540	1540	assistance;
1541	1541	(11) coordination of federal, state, and local
1542	1542	emergency management activities;
1543	1543	(12) coordination of the state emergency management
1544	1544	plan with the emergency management plans of the federal government;
1545	1545	(13) coordination of federal and state energy
1546	1546	emergency plans;
1547	1547	(14) provisions for providing information to local
1548	1548	officials on activation of the Emergency Alert System established
1549	1549	under 47 C.F.R. Part 11;
1550	1550	(15) a database of public facilities that may be used
1551	1551	under Section 418.017 to shelter individuals during a disaster,
1552	1552	including air-conditioned facilities for shelter during an extreme
1553	1553	heat disaster and fortified structures for shelter during a wind
1554	1554	disaster; [and]
1555	1555	(16) provisions for quickly replenishing the food
1556	1556	supplies of area food banks or food pantries following a disaster;
1557	1557	and
1558	1558	(17) [(16)] other necessary matters relating to
1559	1559	disasters.
1560	1560	SECTION 11.010. Section 418.043, Government Code, as
1561	1561	amended by Chapters 1280 (H.B. 1831) and 1408 (H.B. 4409), Acts of
1562	1562	the 81st Legislature, Regular Session, 2009, is reenacted and
1563	1563	amended to read as follows:
1564	1564	Sec. 418.043. OTHER POWERS AND DUTIES. The division shall:
1565	1565	(1) determine requirements of the state and its
1566	1566	political subdivisions for food, clothing, and other necessities in
1567	1567	event of a disaster;
1568	1568	(2) procure and position supplies, medicines,
1569	1569	materials, and equipment;
1570	1570	(3) adopt standards and requirements for local and
1571	1571	interjurisdictional emergency management plans;
1572	1572	(4) periodically review local and interjurisdictional
1573	1573	emergency management plans;
1574	1574	(5) coordinate deployment of mobile support units;
1575	1575	(6) establish and operate training programs and
1576	1576	programs of public information or assist political subdivisions and
1577	1577	emergency management agencies to establish and operate the
1578	1578	programs;
1579	1579	(7) make surveys of public and private industries,
1580	1580	resources, and facilities in the state that are necessary to carry
1581	1581	out the purposes of this chapter;
1582	1582	(8) plan and make arrangements for the availability
1583	1583	and use of any private facilities, services, and property and
1584	1584	provide for payment for use under terms and conditions agreed on if
1585	1585	the facilities are used and payment is necessary;
1586	1586	(9) establish a register of persons with types of
1587	1587	training and skills important in disaster mitigation,
1588	1588	preparedness, response, and recovery;
1589	1589	(10) establish a register of mobile and construction
1590	1590	equipment and temporary housing available for use in a disaster;
1591	1591	(11) assist political subdivisions in developing
1592	1592	plans for the humane evacuation, transport, and temporary
1593	1593	sheltering of service animals and household pets in a disaster;
1594	1594	(12) prepare, for issuance by the governor, executive
1595	1595	orders and regulations necessary or appropriate in coping with
1596	1596	disasters;
1597	1597	(13) cooperate with the federal government and any
1598	1598	public or private agency or entity in achieving any purpose of this
1599	1599	chapter and in implementing programs for disaster mitigation,
1600	1600	preparation, response, and recovery;
1601	1601	(14) develop a plan to raise public awareness and
1602	1602	expand the capability of the information and referral network under
1603	1603	Section 531.0312;
1604	1604	(15) improve the integration of volunteer groups,
1605	1605	including faith-based organizations, into emergency management
1606	1606	plans;
1607	1607	(16) cooperate with the Federal Emergency Management
1608	1608	Agency to create uniform guidelines for acceptable home repairs
1609	1609	following disasters and promote public awareness of the guidelines;
1610	1610	(17) cooperate with state agencies to:
1611	1611	(A) encourage the public to participate in
1612	1612	volunteer emergency response teams and organizations that respond
1613	1613	to disasters; and
1614	1614	(B) provide information on those programs in
1615	1615	state disaster preparedness and educational materials and on
1616	1616	Internet websites;
1617	1617	(18) establish a liability awareness program for
1618	1618	volunteers, including medical professionals; [and]
1619	1619	(19) define "individuals with special needs" in the
1620	1620	context of a disaster; and
1621	1621	(20) [(15)] do other things necessary, incidental, or
1622	1622	appropriate for the implementation of this chapter.
1623	1623	SECTION 11.011. Section 434.017(a), Government Code, as
1624	1624	amended by Chapters 840 (S.B. 1940) and 1385 (S.B. 1655), Acts of
1625	1625	the 81st Legislature, Regular Session, 2009, is reenacted and
1626	1626	amended to read as follows:
1627	1627	(a) The fund for veterans' assistance is a special fund in
1628	1628	the state treasury outside the general revenue fund. The fund is
1629	1629	composed of:
1630	1630	(1) money transferred to the fund at the direction of
1631	1631	the legislature;
1632	1632	(2) gifts and grants contributed to the fund;
1633	1633	(3) the earnings of the fund; [and]
1634	1634	(4) money transferred to the fund from proceeds of the
1635	1635	lottery game operated under Section 466.027 or transferred to the
1636	1636	fund under Section 466.408(b); and
1637	1637	(5) [(2)] money deposited to the credit of the fund
1638	1638	under Section 502.1746, Transportation Code.
1639	1639	SECTION 11.012. Section 511.009(a), Government Code, as
1640	1640	amended by Chapters 977 (H.B. 3654) and 1215 (S.B. 1009), Acts of
1641	1641	the 81st Legislature, Regular Session, 2009, is reenacted to read
1642	1642	as follows:
1643	1643	(a) The commission shall:
1644	1644	(1) adopt reasonable rules and procedures
1645	1645	establishing minimum standards for the construction, equipment,
1646	1646	maintenance, and operation of county jails;
1647	1647	(2) adopt reasonable rules and procedures
1648	1648	establishing minimum standards for the custody, care, and treatment
1649	1649	of prisoners;
1650	1650	(3) adopt reasonable rules establishing minimum
1651	1651	standards for the number of jail supervisory personnel and for
1652	1652	programs and services to meet the needs of prisoners;
1653	1653	(4) adopt reasonable rules and procedures
1654	1654	establishing minimum requirements for programs of rehabilitation,
1655	1655	education, and recreation in county jails;
1656	1656	(5) revise, amend, or change rules and procedures if
1657	1657	necessary;
1658	1658	(6) provide to local government officials
1659	1659	consultation on and technical assistance for county jails;
1660	1660	(7) review and comment on plans for the construction
1661	1661	and major modification or renovation of county jails;
1662	1662	(8) require that the sheriff and commissioners of each
1663	1663	county submit to the commission, on a form prescribed by the
1664	1664	commission, an annual report on the conditions in each county jail
1665	1665	within their jurisdiction, including all information necessary to
1666	1666	determine compliance with state law, commission orders, and the
1667	1667	rules adopted under this chapter;
1668	1668	(9) review the reports submitted under Subdivision (8)
1669	1669	and require commission employees to inspect county jails regularly
1670	1670	to ensure compliance with state law, commission orders, and rules
1671	1671	and procedures adopted under this chapter;
1672	1672	(10) adopt a classification system to assist sheriffs
1673	1673	and judges in determining which defendants are low-risk and
1674	1674	consequently suitable participants in a county jail work release
1675	1675	program under Article 42.034, Code of Criminal Procedure;
1676	1676	(11) adopt rules relating to requirements for
1677	1677	segregation of classes of inmates and to capacities for county
1678	1678	jails;
1679	1679	(12) require that the chief jailer of each municipal
1680	1680	lockup submit to the commission, on a form prescribed by the
1681	1681	commission, an annual report of persons under 17 years of age
1682	1682	securely detained in the lockup, including all information
1683	1683	necessary to determine compliance with state law concerning secure
1684	1684	confinement of children in municipal lockups;
1685	1685	(13) at least annually determine whether each county
1686	1686	jail is in compliance with the rules and procedures adopted under
1687	1687	this chapter;
1688	1688	(14) require that the sheriff and commissioners court
1689	1689	of each county submit to the commission, on a form prescribed by the
1690	1690	commission, an annual report of persons under 17 years of age
1691	1691	securely detained in the county jail, including all information
1692	1692	necessary to determine compliance with state law concerning secure
1693	1693	confinement of children in county jails;
1694	1694	(15) schedule announced and unannounced inspections
1695	1695	of jails under the commission's jurisdiction using the risk
1696	1696	assessment plan established under Section 511.0085 to guide the
1697	1697	inspections process;
1698	1698	(16) adopt a policy for gathering and distributing to
1699	1699	jails under the commission's jurisdiction information regarding:
1700	1700	(A) common issues concerning jail
1701	1701	administration;
1702	1702	(B) examples of successful strategies for
1703	1703	maintaining compliance with state law and the rules, standards, and
1704	1704	procedures of the commission; and
1705	1705	(C) solutions to operational challenges for
1706	1706	jails;
1707	1707	(17) report to the Texas Correctional Office on
1708	1708	Offenders with Medical or Mental Impairments on a jail's compliance
1709	1709	with Article 16.22, Code of Criminal Procedure;
1710	1710	(18) adopt reasonable rules and procedures
1711	1711	establishing minimum requirements for jails to:
1712	1712	(A) determine if a prisoner is pregnant; and
1713	1713	(B) ensure that the jail's health services plan
1714	1714	addresses medical and mental health care, including nutritional
1715	1715	requirements, and any special housing or work assignment needs for
1716	1716	persons who are confined in the jail and are known or determined to
1717	1717	be pregnant; and
1718	1718	(19) provide guidelines to sheriffs regarding
1719	1719	contracts between a sheriff and another entity for the provision of
1720	1720	food services to or the operation of a commissary in a jail under
1721	1721	the commission's jurisdiction, including specific provisions
1722	1722	regarding conflicts of interest and avoiding the appearance of
1723	1723	impropriety.
1724	1724	SECTION 11.013. Section 552.149(d), Government Code, as
1725	1725	added by Chapters 555 (S.B. 1813) and ll53 (H.B. 2941), Acts of the
1726	1726	81st Legislature, Regular Session, 2009, and renumbered from
1727	1727	Section 552.148(d), Government Code, by Chapter 87 (S.B. 1969),
1728	1728	Acts of the 81st Legislature, Regular Session, 2009, is reenacted
1729	1729	to read as follows:
1730	1730	(d) Notwithstanding Subsection (a) or Section 403.304, so
1731	1731	as to assist a school district in the preparation of a protest filed
1732	1732	or to be filed under Section 403.303, the school district or an
1733	1733	agent of the school district may, on request, obtain from the
1734	1734	comptroller or the appraisal district any information, including
1735	1735	confidential information, obtained by the comptroller or the
1736	1736	appraisal district that relates to the appraisal of property
1737	1737	involved in the comptroller's finding that is being protested.
1738	1738	Confidential information obtained by a school district or an agent
1739	1739	of the school district under this subsection:
1740	1740	(1) remains confidential in the possession of the
1741	1741	school district or agent; and
1742	1742	(2) may not be disclosed to a person who is not
1743	1743	authorized to receive or inspect the information.
1744	1744	SECTION 11.014. Section 814.102, Government Code, is
1745	1745	amended to correct a reference to read as follows:
1746	1746	Sec. 814.102. ELIGIBILITY OF ELECTED MEMBERS FOR SERVICE
1747	1747	RETIREMENT. Except as provided by rule adopted under Section
1748	1748	813.304(d) or Section 803.202(a)(2) [803.202(2)], a member who has
1749	1749	service credit in the elected class of membership, is eligible to
1750	1750	retire and receive a service retirement annuity if the member:
1751	1751	(1) is at least 60 years old and has 8 years of service
1752	1752	credit in that class; or
1753	1753	(2) is at least 50 years old and has 12 years of
1754	1754	service credit in that class.
1755	1755	SECTION 11.015. Section 824.602(a), Government Code, as
1756	1756	amended by Chapters 674 (S.B. 132) and 1359 (S.B. 1691), Acts of the
1757	1757	79th Legislature, Regular Session, 2005, is reenacted to read as
1758	1758	follows:
1759	1759	(a) Subject to Section 825.506, the retirement system may
1760	1760	not, under Section 824.601, withhold a monthly benefit payment if
1761	1761	the retiree is employed in a Texas public educational institution:
1762	1762	(1) as a substitute only with pay not more than the
1763	1763	daily rate of substitute pay established by the employer and, if the
1764	1764	retiree is a disability retiree, the employment has not exceeded a
1765	1765	total of 90 days in the school year;
1766	1766	(2) in a position, other than as a substitute, on no
1767	1767	more than a one-half time basis for the month;
1768	1768	(3) in one or more positions on as much as a full-time
1769	1769	basis, if the work occurs in not more than six months of a school
1770	1770	year that begins after the retiree's effective date of retirement;
1771	1771	(4) in a position, other than as a substitute, on no
1772	1772	more than a one-half time basis for no more than 90 days in the
1773	1773	school year, if the retiree is a disability retiree;
1774	1774	(5) in a position as a classroom teacher on as much as
1775	1775	a full-time basis, if the retiree has retired under Section
1776	1776	824.202(a) or (a-1), is certified under Subchapter B, Chapter 21,
1777	1777	Education Code, to teach the subjects assigned, is teaching in an
1778	1778	acute shortage area as determined by the board of trustees of a
1779	1779	school district as provided by Subsection (m), and has been
1780	1780	separated from service with all public schools for at least 12
1781	1781	months;
1782	1782	(6) in a position as a principal, including as an
1783	1783	assistant principal, on as much as a full-time basis, if the retiree
1784	1784	has retired under Section 824.202(a) or (a-1) without reduction for
1785	1785	retirement at an early age, is certified under Subchapter B,
1786	1786	Chapter 21, Education Code, to serve as a principal, and has been
1787	1787	separated from service with all public schools for at least 12
1788	1788	months;
1789	1789	(7) as a bus driver for a school district on as much as
1790	1790	a full-time basis, if the retiree has retired under Section
1791	1791	824.202(a) or (a-1), and the retiree's primary employment is as a
1792	1792	bus driver; or
1793	1793	(8) as a faculty member, during the period beginning
1794	1794	with the 2005 fall semester and ending on the last day of the 2015
1795	1795	spring semester, in an undergraduate professional nursing program
1796	1796	or graduate professional nursing program, as defined by Section
1797	1797	54.221, Education Code, and if the retiree has been separated from
1798	1798	service with all public schools for at least 12 months.
1799	1799	SECTION 11.016. Section 1403.002(a), Government Code, is
1800	1800	amended to correct a reference to read as follows:
1801	1801	(a) As provided by Section 49-l [49-1], Article III, Texas
1802	1802	Constitution, the authority shall, in accordance with requests from
1803	1803	the office of the governor:
1804	1804	(1) issue general obligation bonds and notes in an
1805	1805	aggregate amount not to exceed $175 million, as authorized by the
1806	1806	office of the governor under Subsection (b); and
1807	1807	(2) as directed by the Texas Department of
1808	1808	Transportation, distribute the proceeds from the sale of the bonds
1809	1809	and notes to counties to provide financial assistance for colonia
1810	1810	access roadway projects to serve border colonias.
1811	1811	SECTION 11.017. Section 2054.352(a), Government Code, as
1812	1812	amended by Chapters 213 (S.B. 1005) and 450 (H.B. 2447), Acts of the
1813	1813	81st Legislature, Regular Session, 2009, is reenacted to read as
1814	1814	follows:
1815	1815	(a) The following licensing entities shall participate in
1816	1816	the system established under Section 2054.353:
1817	1817	(1) Texas Board of Chiropractic Examiners;
1818	1818	(2) Court Reporters Certification Board;
1819	1819	(3) State Board of Dental Examiners;
1820	1820	(4) Texas Funeral Service Commission;
1821	1821	(5) Texas Board of Professional Land Surveying;
1822	1822	(6) Texas Medical Board;
1823	1823	(7) Texas Board of Nursing;
1824	1824	(8) Texas Optometry Board;
1825	1825	(9) Department of Agriculture, for licenses issued
1826	1826	under Chapter 1951, Occupations Code;
1827	1827	(10) Texas State Board of Pharmacy;
1828	1828	(11) Executive Council of Physical Therapy and
1829	1829	Occupational Therapy Examiners;
1830	1830	(12) Texas State Board of Plumbing Examiners;
1831	1831	(13) Texas State Board of Podiatric Medical Examiners;
1832	1832	(14) Texas State Board of Examiners of Psychologists;
1833	1833	(15) State Board of Veterinary Medical Examiners;
1834	1834	(16) Texas Real Estate Commission;
1835	1835	(17) Texas Appraiser Licensing and Certification
1836	1836	Board;
1837	1837	(18) Texas Department of Licensing and Regulation;
1838	1838	(19) Texas State Board of Public Accountancy;
1839	1839	(20) State Board for Educator Certification;
1840	1840	(21) Texas Board of Professional Engineers;
1841	1841	(22) Department of State Health Services;
1842	1842	(23) Texas Board of Architectural Examiners;
1843	1843	(24) Texas Racing Commission;
1844	1844	(25) Commission on Law Enforcement Officer Standards
1845	1845	and Education; and
1846	1846	(26) Texas Private Security Board.
1847	1847	SECTION 11.018. Section 2113.011(e), Government Code, is
1848	1848	amended to correct a reference to read as follows:
1849	1849	(e) This section does not prohibit the use of appropriated
1850	1850	money for publicity functions authorized under Chapter 204,
1851	1851	Transportation Code [Chapter 193, Acts of the 56th Legislature,
1852	1852	Regular Session, 1959 (Article 6144e, Vernon's Texas Civil
1853	1853	Statutes)].
1854	1854	PART B. UPDATE OF COURT FEES AND COSTS
1855	1855	SECTION 11.101. (a) Section 101.0611, Government Code, is
1856	1856	amended to read as follows:
1857	1857	Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT
1858	1858	CODE. The clerk of a district court shall collect fees and costs
1859	1859	under the Government Code as follows:
1860	1860	(1) appellate judicial system filing fees for:
1861	1861	(A) First or Fourteenth Court of Appeals District
1862	1862	(Sec. 22.2021, Government Code) . . . not more than $5;
1863	1863	(B) Second Court of Appeals District
1864	1864	(Sec. 22.2031, Government Code) . . . not more than $5;
1865	1865	(C) Third Court of Appeals District
1866	1866	(Sec. 22.2041, Government Code) . . . $5;
1867	1867	(D) Fourth Court of Appeals District
1868	1868	(Sec. 22.2051, Government Code) . . . not more than $5;
1869	1869	(E) Fifth Court of Appeals District
1870	1870	(Sec. 22.2061, Government Code) . . . not more than $5;
1871	1871	(E-1) Sixth Court of Appeals District (Sec.
1872	1872	22.2071, Government Code) . . . $5;
1873	1873	(E-2) Seventh Court of Appeals District (Sec.
1874	1874	22.2081, Government Code) . . . $5;
1875	1875	(F) Ninth Court of Appeals District
1876	1876	(Sec. 22.2101, Government Code) . . . $5;
1877	1877	(G) Eleventh Court of Appeals District
1878	1878	(Sec. 22.2121, Government Code) . . . $5;
1879	1879	(G-1) Twelfth Court of Appeals District (Sec.
1880	1880	22.2131, Government Code) . . . $5; and
1881	1881	(H) Thirteenth Court of Appeals District
1882	1882	(Sec. 22.2141, Government Code) . . . not more than $5;
1883	1883	(2) when administering a case for the Rockwall County
1884	1884	Court at Law (Sec. 25.2012, Government Code) . . . civil fees and
1885	1885	court costs as if the case had been filed in district court;
1886	1886	(3) additional filing fees:
1887	1887	(A) for each suit filed for insurance contingency
1888	1888	fund, if authorized by the county commissioners court (Sec. 51.302,
1889	1889	Government Code) . . . not to exceed $5;
1890	1890	(B) to fund the improvement of Dallas County
1891	1891	civil court facilities, if authorized by the county commissioners
1892	1892	court (Sec. 51.705, Government Code) . . . not more than $15;
1893	1893	(B-1) to fund the improvement of Bexar County
1894	1894	court facilities, if authorized by the county commissioners court
1895	1895	(Sec. 51.706, Government Code) . . . not more than $15; [and]
1896	1896	(C) to fund the improvement of Hays County court
1897	1897	facilities, if authorized by the county commissioners court
1898	1898	(Sec. 51.707, Government Code) . . . not more than $15; and
1899	1899	(D) to fund the preservation of court records
1900	1900	(Sec. 51.708, Government Code) . . . not more than $10;
1901	1901	(4) for filing a suit, including an appeal from an
1902	1902	inferior court:
1903	1903	(A) for a suit with 10 or fewer plaintiffs
1904	1904	(Sec. 51.317, Government Code) . . . $50;
1905	1905	(B) for a suit with at least 11 but not more than
1906	1906	25 plaintiffs (Sec. 51.317, Government Code) . . . $75;
1907	1907	(C) for a suit with at least 26 but not more than
1908	1908	100 plaintiffs (Sec. 51.317, Government Code) . . . $100;
1909	1909	(D) for a suit with at least 101 but not more than
1910	1910	500 plaintiffs (Sec. 51.317, Government Code) . . . $125;
1911	1911	(E) for a suit with at least 501 but not more than
1912	1912	1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or
1913	1913	(F) for a suit with more than 1,000 plaintiffs
1914	1914	(Sec. 51.317, Government Code) . . . $200;
1915	1915	(5) for filing a cross-action, counterclaim,
1916	1916	intervention, contempt action, motion for new trial, or third-party
1917	1917	petition (Sec. 51.317, Government Code) . . . $15;
1918	1918	(6) for issuing a citation or other writ or process not
1919	1919	otherwise provided for, including one copy, when requested at the
1920	1920	time a suit or action is filed (Sec. 51.317, Government Code) . . .
1921	1921	$8;
1922	1922	(7) for records management and preservation
1923	1923	(Sec. 51.317, Government Code) . . . $10;
1924	1924	(7-a) for district court records archiving, if adopted
1925	1925	by the county commissioners court (Sec. 51.317(b)(5), Government
1926	1926	Code) . . . not more than $5;
1927	1927	(8) for issuing a subpoena, including one copy
1928	1928	(Sec. 51.318, Government Code) . . . $8;
1929	1929	(9) for issuing a citation, commission for deposition,
1930	1930	writ of execution, order of sale, writ of execution and order of
1931	1931	sale, writ of injunction, writ of garnishment, writ of attachment,
1932	1932	or writ of sequestration not provided for in Section 51.317, or any
1933	1933	other writ or process not otherwise provided for, including one
1934	1934	copy if required by law (Sec. 51.318, Government Code) . . . $8;
1935	1935	(10) for searching files or records to locate a cause
1936	1936	when the docket number is not provided (Sec. 51.318, Government
1937	1937	Code) . . . $5;
1938	1938	(11) for searching files or records to ascertain the
1939	1939	existence of an instrument or record in the district clerk's office
1940	1940	(Sec. 51.318, Government Code) . . . $5;
1941	1941	(12) for abstracting a judgment (Sec. 51.318,
1942	1942	Government Code) . . . $8;
1943	1943	(13) for approving a bond (Sec. 51.318, Government
1944	1944	Code) . . . $4;
1945	1945	(14) for a certified copy of a record, judgment,
1946	1946	order, pleading, or paper on file or of record in the district
1947	1947	clerk's office, including certificate and seal, for each page or
1948	1948	part of a page (Sec. 51.318, Government Code) . . . $1;
1949	1949	(15) for a noncertified copy, for each page or part of
1950	1950	a page (Sec. 51.318, Government Code) . . . not to exceed $1;
1951	1951	(16) fee for performing a service:
1952	1952	(A) related to the matter of the estate of a
1953	1953	deceased person (Sec. 51.319, Government Code) . . . the same fee
1954	1954	allowed the county clerk for those services;
1955	1955	(B) related to the matter of a minor
1956	1956	(Sec. 51.319, Government Code) . . . the same fee allowed the
1957	1957	county clerk for the service;
1958	1958	(C) of serving process by certified or registered
1959	1959	mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or
1960	1960	constable is authorized to charge for the service under Section
1961	1961	118.131, Local Government Code; and
1962	1962	(D) prescribed or authorized by law but for which
1963	1963	no fee is set (Sec. 51.319, Government Code) . . . a reasonable
1964	1964	fee;
1965	1965	(17) jury fee (Sec. 51.604, Government Code) . . .
1966	1966	$30;
1967	1967	(18) additional filing fee for family protection on
1968	1968	filing a suit for dissolution of a marriage under Chapter 6, Family
1969	1969	Code (Sec. 51.961, Government Code) . . . not to exceed $15;
1970	1970	(19) at a hearing held by an associate judge in Dallas
1971	1971	County, a court cost to preserve the record, in the absence of a
1972	1972	court reporter, by other means (Sec. 54.509, Government Code) . . .
1973	1973	as assessed by the referring court or associate judge; and
1974	1974	(20) at a hearing held by an associate judge in Duval
1975	1975	County, a court cost to preserve the record (Sec. 54.1151,
1976	1976	Government Code) . . . as imposed by the referring court or
1977	1977	associate judge.
1978	1978	(b) Sections 101.06111, 101.06113, 101.06114, 101.06115,
1979	1979	101.06116, and 101.06117, Government Code, are repealed.
1980	1980	SECTION 11.102. (a) Section 101.0811, Government Code, is
1981	1981	amended to conform to Chapters 1072 (H.B. 4741) and 1103 (H.B.
1982	1982	4833), Acts of the 81st Legislature, Regular Session, 2009, and is
1983	1983	further amended to read as follows:
1984	1984	Sec. 101.0811. STATUTORY COUNTY COURT FEES AND
1985	1985	COSTS: GOVERNMENT CODE. The clerk of a statutory county court
1986	1986	shall collect fees and costs under the Government Code as follows:
1987	1987	(1) appellate judicial system filing fees:
1988	1988	(A) First or Fourteenth Court of Appeals District
1989	1989	(Sec. 22.2021, Government Code) . . . not more than $5;
1990	1990	(B) Second Court of Appeals District
1991	1991	(Sec. 22.2031, Government Code) . . . not more than $5;
1992	1992	(C) Third Court of Appeals District
1993	1993	(Sec. 22.2041, Government Code) . . . $5;
1994	1994	(D) Fourth Court of Appeals District
1995	1995	(Sec. 22.2051, Government Code) . . . not more than $5;
1996	1996	(E) Fifth Court of Appeals District
1997	1997	(Sec. 22.2061, Government Code) . . . not more than $5;
1998	1998	(E-1) Sixth Court of Appeals District (Sec.
1999	1999	22.2071, Government Code) . . . $5;
2000	2000	(E-2) Seventh Court of Appeals District (Sec.
2001	2001	22.2081, Government Code) . . . $5;
2002	2002	(F) Ninth Court of Appeals District
2003	2003	(Sec. 22.2101, Government Code) . . . $5;
2004	2004	(G) Eleventh Court of Appeals District
2005	2005	(Sec. 22.2121, Government Code) . . . $5;
2006	2006	(G-1) Twelfth Court of Appeals District (Sec.
2007	2007	22.2131, Government Code) . . . $5; and
2008	2008	(H) Thirteenth Court of Appeals District
2009	2009	(Sec. 22.2141, Government Code) . . . not more than $5;
2010	2010	(2) an official court reporter fee, County Court at
2011	2011	Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . . $3;
2012	2012	(3) in Brazoria County, in matters of concurrent
2013	2013	jurisdiction with the district court, fees (Sec. 25.0222,
2014	2014	Government Code) . . . as prescribed by law for district judges
2015	2015	according to the nature of the matter;
2016	2016	(4) a court reporter fee when testimony is taken in a
2017	2017	county court at law in McLennan County (Sec. 25.1572, Government
2018	2018	Code) . . . $3;
2019	2019	(5) a stenographer fee, if a record or part of a record
2020	2020	is made:
2021	2021	(A) in a county court at law in Hidalgo County
2022	2022	(Sec. 25.1102, Government Code) . . . $20; and
2023	2023	(B) in a county court at law in Nolan County
2024	2024	(Sec. 25.1792, Government Code) . . . $25;
2025	2025	(6) jury fee (Sec. 51.604, Government Code) . . . $22;
2026	2026	(7) an additional filing fee:
2027	2027	(A) for each civil case filed to be used for
2028	2028	court-related purposes for the support of the judiciary
2029	2029	(Sec. 51.702, Government Code) . . . $40;
2030	2030	(B) to fund the improvement of Dallas County
2031	2031	civil court facilities, if authorized by the county commissioners
2032	2032	court (Sec. 51.705, Government Code) . . . not more than $15;
2033	2033	(B-1) to fund the improvement of Bexar County
2034	2034	court facilities, if authorized by the county commissioners court
2035	2035	(Sec. 51.706, Government Code) . . . not more than $15; [and]
2036	2036	(C) to fund the improvement of Hays County court
2037	2037	facilities, if authorized by the county commissioners court
2038	2038	(Sec. 51.707, Government Code) . . . not more than $15; and
2039	2039	(D) to fund the preservation of court records
2040	2040	(Sec. 51.708, Government Code) . . . not more than $10;
2041	2041	(8) the official court reporter's fee taxed as costs in
2042	2042	civil actions in a statutory county court:
2043	2043	(A) in Bexar County Courts at Law[:
2044	2044	[(i)] Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, [and]
2045	2045	12, 13, 14, and 15 (Sec. 25.0172, Government Code) . . . taxed in
2046	2046	the same manner as the fee is taxed in district court; [and
2047	2047	[(ii) No. 2 (Sec. 25.0172, Government Code)
2048	2048	. . . $3;]
2049	2049	(B) in Galveston County (Sec. 25.0862,
2050	2050	Government Code) . . . taxed in the same manner as the fee is taxed
2051	2051	in civil cases in the district courts; and
2052	2052	(C) in Parker County (Sec. 25.1862, Government
2053	2053	Code) . . . taxed in the same manner as the fee is taxed in civil
2054	2054	cases in the district courts;
2055	2055	(9) a stenographer's fee as costs in each civil,
2056	2056	criminal, and probate case in which a record is made by the official
2057	2057	court reporter in a statutory county court in Nolan County
2058	2058	(Sec. 25.1792, Government Code) . . . $25;
2059	2059	(10) in Nueces County, in matters of concurrent
2060	2060	jurisdiction with the district court, with certain exceptions, fees
2061	2061	(Sec. 25.1802, Government Code) . . . equal to those in district
2062	2062	court cases; and
2063	2063	(11) a fee not otherwise listed in this subchapter
2064	2064	that is required to be collected under Section 25.0008, Government
2065	2065	Code, in a county other than Brazos, Cameron, Ellis, Guadalupe,
2066	2066	Harris, Henderson, Liberty, Moore, Nolan, Panola, Parker, Starr,
2067	2067	Victoria, and Williamson . . . as prescribed by law relating to
2068	2068	county judges' fees.
2069	2069	(b) Sections 101.08111, 101.08112, 101.08113, 101.08114,
2070	2070	and 101.08115, Government Code, are repealed.
2071	2071	SECTION 11.103. Section 101.0812, Government Code, is
2072	2072	amended to conform to Chapter 334 (H.B. 890), Acts of the 81st
2073	2073	Legislature, Regular Session, 2009, to read as follows:
2074	2074	Sec. 101.0812. STATUTORY COUNTY COURT FEES AND
2075	2075	COSTS: HEALTH AND SAFETY CODE. The clerk of a statutory county
2076	2076	court shall collect fees and costs under the Health and Safety Code
2077	2077	as follows:
2078	2078	(1) for filing an application for registration of
2079	2079	death (Sec. 193.007, Health and Safety Code) . . . $1;
2080	2080	(2) fee for judge's services on an application for
2081	2081	court-ordered mental health services (Sec. 574.031, Health and
2082	2082	Safety Code) . . . not to exceed $50;
2083	2083	(3) fee for prosecutor's services on an application
2084	2084	for court-ordered mental health services (Sec. 574.031, Health and
2085	2085	Safety Code) . . . not to exceed $50;
2086	2086	(4) for a hearing or proceeding under the Texas Mental
2087	2087	Health Code (Subtitle C, Title 7, Health and Safety Code) as costs
2088	2088	(Secs. 571.017 and 571.018, Health and Safety Code) . . .
2089	2089	reasonable compensation to the following persons appointed under
2090	2090	the Texas Mental Health Code:
2091	2091	(A) attorneys;
2092	2092	(B) physicians;
2093	2093	(C) language interpreters;
2094	2094	(D) sign interpreters; and
2095	2095	(E) associate judges [masters];
2096	2096	(5) for a hearing or proceeding under the Texas Mental
2097	2097	Health Code (Subtitle C, Title 7, Health and Safety Code) as costs
2098	2098	(Sec. 571.018, Health and Safety Code):
2099	2099	(A) attorney's fees;
2100	2100	(B) physician examination fees;
2101	2101	(C) expense of transportation to a mental health
2102	2102	facility or to a federal agency not to exceed $50 if transporting
2103	2103	within the same county and not to exceed the reasonable cost of
2104	2104	transportation if transporting between counties;
2105	2105	(D) costs and salary supplements authorized
2106	2106	under Section 574.031, Health and Safety Code; and
2107	2107	(E) prosecutors' fees authorized under Section
2108	2108	574.031, Health and Safety Code;
2109	2109	(6) expenses of transporting certain patients from the
2110	2110	county of treatment to a hearing in the county in which the
2111	2111	proceedings originated (Sec. 574.008, Health and Safety Code)
2112	2112	. . . actual expenses unless certain arrangements are made to hold
2113	2113	the hearing in the county in which the patient is receiving
2114	2114	services;
2115	2115	(7) expenses for expert witness testimony for an
2116	2116	indigent patient (Sec. 574.010, Health and Safety Code) . . . if
2117	2117	authorized by the court as reimbursement to the attorney ad litem,
2118	2118	court-approved expenses;
2119	2119	(8) fee for judge's services for holding a hearing on
2120	2120	an application for court-ordered mental health services
2121	2121	(Sec. 574.031, Health and Safety Code) . . . as assessed by the
2122	2122	judge, not to exceed $50;
2123	2123	(9) expenses to reimburse judge for holding a hearing
2124	2124	in a hospital or location other than the county courthouse
2125	2125	(Sec. 574.031, Health and Safety Code) . . . reasonable and
2126	2126	necessary expenses as certified; and
2127	2127	(10) fee for services of a prosecuting attorney,
2128	2128	including costs incurred for preparation of documents related to a
2129	2129	hearing on an application for court-ordered mental health services
2130	2130	(Sec. 574.031, Health and Safety Code) . . . as assessed by the
2131	2131	judge, not to exceed $50.
2132	2132	SECTION 11.104. The heading to Section 101.0817, Government
2133	2133	Code, as effective April 1, 2011, is amended to read as follows:
2134	2134	Sec. 101.0817. STATUTORY COUNTY COURT FEES AND
2135	2135	COSTS: TRANSPORTATION CODE [UNDER OTHER LAWS].
2136	2136	SECTION 11.105. (a) Section 101.1011, Government Code, is
2137	2137	amended to read as follows:
2138	2138	Sec. 101.1011. STATUTORY PROBATE COURT FEES AND
2139	2139	COSTS: GOVERNMENT CODE. The clerk of a statutory probate court
2140	2140	shall collect fees and costs under the Government Code as follows:
2141	2141	(1) appellate judicial system filing fees:
2142	2142	(A) First or Fourteenth Court of Appeals District
2143	2143	(Sec. 22.2021, Government Code) . . . not more than $5;
2144	2144	(B) Second Court of Appeals District
2145	2145	(Sec. 22.2031, Government Code) . . . not more than $5;
2146	2146	(C) Third Court of Appeals District
2147	2147	(Sec. 22.2041, Government Code) . . . $5;
2148	2148	(D) Fourth Court of Appeals District
2149	2149	(Sec. 22.2051, Government Code) . . . not more than $5;
2150	2150	(E) Fifth Court of Appeals District
2151	2151	(Sec. 22.2061, Government Code) . . . not more than $5;
2152	2152	(E-1) Sixth Court of Appeals District (Sec.
2153	2153	22.2071, Government Code) . . . $5;
2154	2154	(E-2) Seventh Court of Appeals District (Sec.
2155	2155	22.2081, Government Code) . . . $5;
2156	2156	(F) Ninth Court of Appeals District
2157	2157	(Sec. 22.2101, Government Code) . . . $5;
2158	2158	(G) Eleventh Court of Appeals District
2159	2159	(Sec. 22.2121, Government Code) . . . $5;
2160	2160	(G-1) Twelfth Court of Appeals District (Sec.
2161	2161	22.2131, Government Code) . . . $5; and
2162	2162	(H) Thirteenth Court of Appeals District
2163	2163	(Sec. 22.2141, Government Code) . . . not more than $5;
2164	2164	(2) additional filing fees as follows:
2165	2165	(A) for certain cases to be used for
2166	2166	court-related purposes for support of the judiciary (Sec. 51.704,
2167	2167	Government Code) . . . $40;
2168	2168	(B) to fund the improvement of Dallas County
2169	2169	civil court facilities, if authorized by the county commissioners
2170	2170	court (Sec. 51.705, Government Code) . . . not more than $15;
2171	2171	(B-1) to fund the improvement of Bexar County
2172	2172	court facilities, if authorized by the county commissioners court
2173	2173	(Sec. 51.706, Government Code) . . . not more than $15; and
2174	2174	(C) to fund the improvement of Hays County court
2175	2175	facilities, if authorized by the county commissioners court
2176	2176	(Sec. 51.707, Government Code) . . . not more than $15;
2177	2177	(3) jury fee for civil case (Sec. 51.604, Government
2178	2178	Code) . . . $22;
2179	2179	(4) the expense of preserving the record as a court
2180	2180	cost, if imposed on a party by the referring court or associate
2181	2181	judge (Sec. 54.612, Government Code) . . . actual cost; and
2182	2182	(5) a fee not otherwise listed in this subchapter that
2183	2183	is required to be collected under Section 25.0029, Government Code
2184	2184	(Sec. 25.0029, Government Code) . . . as prescribed by law relating
2185	2185	to county judges' fees.
2186	2186	(b) Sections 101.10111, 101.10112, 101.10113, and
2187	2187	101.10114, Government Code, are repealed.
2188	2188	SECTION 11.106. Section 101.1012, Government Code, is
2189	2189	amended to conform to Chapter 334 (H.B. 890), Acts of the 81st
2190	2190	Legislature, Regular Session, 2009, to read as follows:
2191	2191	Sec. 101.1012. STATUTORY PROBATE COURT FEES AND COSTS:
2192	2192	HEALTH AND SAFETY CODE. The clerk of a statutory probate court
2193	2193	shall collect fees and costs under the Health and Safety Code as
2194	2194	follows:
2195	2195	(1) for filing an application for registration of
2196	2196	death (Sec. 193.007, Health and Safety Code) . . . $1;
2197	2197	(2) fee for judge's services on an application for
2198	2198	court-ordered mental health services (Sec. 574.031, Health and
2199	2199	Safety Code) . . . not to exceed $50;
2200	2200	(3) fee for prosecutor's services on an application
2201	2201	for court-ordered mental health services (Sec. 574.031, Health and
2202	2202	Safety Code) . . . not to exceed $50;
2203	2203	(4) for a hearing or proceeding under the Texas Mental
2204	2204	Health Code (Subtitle C, Title 7, Health and Safety Code) as costs
2205	2205	(Secs. 571.017 and 571.018, Health and Safety Code) . . .
2206	2206	reasonable compensation to the following persons appointed under
2207	2207	the Texas Mental Health Code:
2208	2208	(A) attorneys;
2209	2209	(B) physicians;
2210	2210	(C) language interpreters;
2211	2211	(D) sign interpreters; and
2212	2212	(E) associate judges [masters];
2213	2213	(5) for a hearing or proceeding under the Texas Mental
2214	2214	Health Code (Subtitle C, Title 7, Health and Safety Code) as costs
2215	2215	(Sec. 571.018, Health and Safety Code):
2216	2216	(A) attorney's fees;
2217	2217	(B) physician examination fees;
2218	2218	(C) expense of transportation to a mental health
2219	2219	facility or to a federal agency not to exceed $50 if transporting
2220	2220	within the same county and not to exceed the reasonable cost of
2221	2221	transportation if transporting between counties;
2222	2222	(D) costs and salary supplements authorized
2223	2223	under Section 574.031, Health and Safety Code; and
2224	2224	(E) prosecutors' fees authorized under Section
2225	2225	574.031, Health and Safety Code;
2226	2226	(6) expenses of transporting certain patients from the
2227	2227	county of treatment to a hearing in the county in which the
2228	2228	proceedings originated (Sec. 574.008, Health and Safety Code)
2229	2229	. . . actual expenses unless certain arrangements are made to hold
2230	2230	the hearing in the county in which the patient is receiving
2231	2231	services;
2232	2232	(7) expenses for expert witness testimony for an
2233	2233	indigent patient (Sec. 574.010, Health and Safety Code) . . . if
2234	2234	authorized by the court as reimbursement to the attorney ad litem,
2235	2235	court-approved expenses;
2236	2236	(8) fee for judge's services for holding a hearing on
2237	2237	an application for court-ordered mental health services
2238	2238	(Sec. 574.031, Health and Safety Code) . . . as assessed by the
2239	2239	judge, not to exceed $50;
2240	2240	(9) expenses to reimburse judge for holding a hearing
2241	2241	in a hospital or location other than the county courthouse
2242	2242	(Sec. 574.031, Health and Safety Code) . . . reasonable and
2243	2243	necessary expenses as certified; and
2244	2244	(10) fee for services of a prosecuting attorney,
2245	2245	including costs incurred for preparation of documents related to a
2246	2246	hearing on an application for court-ordered mental health services
2247	2247	(Sec. 574.031, Health and Safety Code) . . . as assessed by the
2248	2248	judge, not to exceed $50.
2249	2249	SECTION 11.107. (a) Section 101.1212, Government Code, is
2250	2250	amended to read as follows:
2251	2251	Sec. 101.1212. COUNTY COURT FEES AND COSTS: GOVERNMENT
2252	2252	CODE. The clerk of a county court shall collect the following fees
2253	2253	and costs under the Government Code:
2254	2254	(1) appellate judicial system filing fees:
2255	2255	(A) First or Fourteenth Court of Appeals District
2256	2256	(Sec. 22.2021, Government Code) . . . not more than $5;
2257	2257	(B) Second Court of Appeals District
2258	2258	(Sec. 22.2031, Government Code) . . . not more than $5;
2259	2259	(C) Third Court of Appeals District
2260	2260	(Sec. 22.2041, Government Code) . . . $5;
2261	2261	(D) Fourth Court of Appeals District
2262	2262	(Sec. 22.2051, Government Code) . . . not more than $5;
2263	2263	(E) Fifth Court of Appeals District
2264	2264	(Sec. 22.2061, Government Code) . . . not more than $5;
2265	2265	(E-1) Sixth Court of Appeals District
2266	2266	(Sec. 22.2071, Government Code) . . . $5;
2267	2267	(E-2) Seventh Court of Appeals District
2268	2268	(Sec. 22.2081, Government Code) . . . $5;
2269	2269	(F) Ninth Court of Appeals District
2270	2270	(Sec. 22.2101, Government Code) . . . $5;
2271	2271	(G) Eleventh Court of Appeals District
2272	2272	(Sec. 22.2121, Government Code) . . . $5;
2273	2273	(G-1) Twelfth Court of Appeals District
2274	2274	(Sec. 22.2131, Government Code) . . . $5; and
2275	2275	(H) Thirteenth Court of Appeals District
2276	2276	(Sec. 22.2141, Government Code) . . . not more than $5;
2277	2277	(2) a jury fee (Sec. 51.604, Government Code) . . .
2278	2278	$22; [and]
2279	2279	(3) a filing fee in each civil case filed to be used
2280	2280	for court-related purposes for the support of the judiciary
2281	2281	(Sec. 51.703, Government Code) . . . $40; and
2282	2282	(4) a filing fee to fund the preservation of court
2283	2283	records (Sec. 51.708, Government Code) . . . not more than $10.
2284	2284	(b) Sections 101.12121, 101.12122, 101.12123, and
2285	2285	101.12124, Government Code, are repealed.
2286	2286	SECTION 11.108. Section 101.1213, Government Code, is
2287	2287	amended to conform to Chapter 334 (H.B. 890), Acts of the 81st
2288	2288	Legislature, Regular Session, 2009, to read as follows:
2289	2289	Sec. 101.1213. COUNTY COURT FEES AND COSTS: HEALTH AND
2290	2290	SAFETY CODE. The clerk of a county court shall collect the
2291	2291	following fees and costs under the Health and Safety Code:
2292	2292	(1) for filing an application for registration of
2293	2293	death (Sec. 193.007, Health and Safety Code) . . . $1;
2294	2294	(2) fee for judge's services on an application for
2295	2295	court-ordered mental health services (Sec. 574.031, Health and
2296	2296	Safety Code) . . . not to exceed $50;
2297	2297	(3) fee for prosecutor's services on an application
2298	2298	for court-ordered mental health services (Sec. 574.031, Health and
2299	2299	Safety Code) . . . not to exceed $50;
2300	2300	(4) for a hearing or proceeding under the Texas Mental
2301	2301	Health Code (Subtitle C, Title 7, Health and Safety Code) as costs
2302	2302	(Secs. 571.017 and 571.018, Health and Safety Code) . . .
2303	2303	reasonable compensation to the following persons appointed under
2304	2304	the Texas Mental Health Code:
2305	2305	(A) attorneys;
2306	2306	(B) physicians;
2307	2307	(C) language interpreters;
2308	2308	(D) sign interpreters; and
2309	2309	(E) associate judges [masters];
2310	2310	(5) for a hearing or proceeding under the Texas Mental
2311	2311	Health Code (Subtitle C, Title 7, Health and Safety Code) as costs
2312	2312	(Sec. 571.018, Health and Safety Code):
2313	2313	(A) attorney's fees;
2314	2314	(B) physician examination fees;
2315	2315	(C) expense of transportation to a mental health
2316	2316	facility or to a federal agency not to exceed $50 if transporting
2317	2317	within the same county and not to exceed the reasonable cost of
2318	2318	transportation if transporting between counties;
2319	2319	(D) costs and salary supplements authorized
2320	2320	under Section 574.031, Health and Safety Code; and
2321	2321	(E) prosecutors' fees authorized under Section
2322	2322	574.031, Health and Safety Code;
2323	2323	(6) expenses of transporting certain patients from the
2324	2324	county of treatment to a hearing in the county in which the
2325	2325	proceedings originated (Sec. 574.008, Health and Safety Code)
2326	2326	. . . actual expenses unless certain arrangements are made to hold
2327	2327	the hearing in the county in which the patient is receiving
2328	2328	services;
2329	2329	(7) expenses for expert witness testimony for an
2330	2330	indigent patient (Sec. 574.010, Health and Safety Code) . . . if
2331	2331	authorized by the court as reimbursement to the attorney ad litem,
2332	2332	court-approved expenses;
2333	2333	(8) fee for judge's services for holding a hearing on
2334	2334	an application for court-ordered mental health services
2335	2335	(Sec. 574.031, Health and Safety Code) . . . as assessed by the
2336	2336	judge, not to exceed $50;
2337	2337	(9) expenses to reimburse judge for holding a hearing
2338	2338	in a hospital or location other than the county courthouse
2339	2339	(Sec. 574.031, Health and Safety Code) . . . reasonable and
2340	2340	necessary expenses as certified; and
2341	2341	(10) fee for services of a prosecuting attorney,
2342	2342	including costs incurred for preparation of documents related to a
2343	2343	hearing on an application for court-ordered mental health services
2344	2344	(Sec. 574.031, Health and Safety Code) . . . as assessed by the
2345	2345	judge, not to exceed $50.
2346	2346	SECTION 11.109. Subchapter G, Chapter 101, Government Code,
2347	2347	is amended by amending Section 101.1216 and adding Section 101.1217
2348	2348	to read as follows:
2349	2349	Sec. 101.1216. COUNTY COURT FEES AND COSTS: TRANSPORTATION
2350	2350	CODE [UNDER OTHER LAWS]. The clerk of a county court shall collect
2351	2351	a [the following fees and costs:
2352	2352	[(1)] fee of $10 under Section 112.059, Transportation
2353	2353	Code, for a county attorney in a suit regarding a railroad company's
2354	2354	failure to keep a roadbed and right-of-way in proper condition.
2355	2355	Sec. 101.1217. COUNTY COURT FEES AND COSTS UNDER OTHER
2356	2356	LAWS. The clerk of a county court shall collect an [(Art. 6327,
2357	2357	Vernon's Texas Civil Statutes) . . . $10; and
2358	2358	[(2)] appeal bond in the amount of $100 from a
2359	2359	petitioner or taxpayer in a water control and preservation district
2360	2360	under Article [(Art.] 7818, Vernon's Texas Civil Statutes[) . . .
2361	2361	$100].
2362	2362	SECTION 11.110. Section 102.021, Government Code, as
2363	2363	amended by Chapters 902 (H.B. 666) and 1209 (S.B. 727), Acts of the
2364	2364	81st Legislature, Regular Session, 2009, is reenacted to read as
2365	2365	follows:
2366	2366	Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
2367	2367	PROCEDURE. A person convicted of an offense shall pay the following
2368	2368	under the Code of Criminal Procedure, in addition to all other
2369	2369	costs:
2370	2370	(1) court cost on conviction of any offense, other
2371	2371	than a conviction of an offense relating to a pedestrian or the
2372	2372	parking of a motor vehicle (Art. 102.0045, Code of Criminal
2373	2373	Procedure) . . . $4;
2374	2374	(2) a fee for services of prosecutor (Art. 102.008,
2375	2375	Code of Criminal Procedure) . . . $25;
2376	2376	(3) fees for services of peace officer:
2377	2377	(A) issuing a written notice to appear in court
2378	2378	for certain violations (Art. 102.011, Code of Criminal Procedure)
2379	2379	. . . $5;
2380	2380	(B) executing or processing an issued arrest
2381	2381	warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal
2382	2382	Procedure) . . . $50;
2383	2383	(C) summoning a witness (Art. 102.011, Code of
2384	2384	Criminal Procedure) . . . $5;
2385	2385	(D) serving a writ not otherwise listed
2386	2386	(Art. 102.011, Code of Criminal Procedure) . . . $35;
2387	2387	(E) taking and approving a bond and, if
2388	2388	necessary, returning the bond to courthouse (Art. 102.011, Code of
2389	2389	Criminal Procedure) . . . $10;
2390	2390	(F) commitment or release (Art. 102.011, Code of
2391	2391	Criminal Procedure) . . . $5;
2392	2392	(G) summoning a jury (Art. 102.011, Code of
2393	2393	Criminal Procedure) . . . $5;
2394	2394	(H) attendance of a prisoner in habeas corpus
2395	2395	case if prisoner has been remanded to custody or held to bail
2396	2396	(Art. 102.011, Code of Criminal Procedure) . . . $8 each day;
2397	2397	(I) mileage for certain services performed
2398	2398	(Art. 102.011, Code of Criminal Procedure) . . . $0.29 per mile;
2399	2399	and
2400	2400	(J) services of a sheriff or constable who serves
2401	2401	process and attends examining trial in certain cases (Art. 102.011,
2402	2402	Code of Criminal Procedure) . . . not to exceed $5;
2403	2403	(4) services of a peace officer in conveying a witness
2404	2404	outside the county (Art. 102.011, Code of Criminal Procedure) . . .
2405	2405	$10 per day or part of a day, plus actual necessary travel expenses;
2406	2406	(5) overtime of peace officer for time spent
2407	2407	testifying in the trial or traveling to or from testifying in the
2408	2408	trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
2409	2409	(6) court costs on an offense relating to rules of the
2410	2410	road, when offense occurs within a school crossing zone
2411	2411	(Art. 102.014, Code of Criminal Procedure) . . . $25;
2412	2412	(7) court costs on an offense of passing a school bus
2413	2413	(Art. 102.014, Code of Criminal Procedure) . . . $25;
2414	2414	(8) court costs on an offense of truancy or
2415	2415	contributing to truancy (Art. 102.014, Code of Criminal Procedure)
2416	2416	. . . $20;
2417	2417	(9) cost for visual recording of intoxication arrest
2418	2418	before conviction (Art. 102.018, Code of Criminal Procedure) . . .
2419	2419	$15;
2420	2420	(10) cost of certain evaluations (Art. 102.018, Code
2421	2421	of Criminal Procedure) . . . actual cost;
2422	2422	(11) additional costs attendant to certain
2423	2423	intoxication convictions under Chapter 49, Penal Code, for
2424	2424	emergency medical services, trauma facilities, and trauma care
2425	2425	systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
2426	2426	(12) additional costs attendant to certain child
2427	2427	sexual assault and related convictions, for child abuse prevention
2428	2428	programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
2429	2429	(13) court cost for DNA testing for certain felonies
2430	2430	(Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250;
2431	2431	(14) court cost for DNA testing for the offense of
2432	2432	public lewdness or indecent exposure (Art. 102.020(a)(2), Code of
2433	2433	Criminal Procedure) . . . $50;
2434	2434	(15) court cost for DNA testing for certain felonies
2435	2435	(Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34;
2436	2436	(16) if required by the court, a restitution fee for
2437	2437	costs incurred in collecting restitution installments and for the
2438	2438	compensation to victims of crime fund (Art. 42.037, Code of
2439	2439	Criminal Procedure) . . . $12;
2440	2440	(17) if directed by the justice of the peace or
2441	2441	municipal court judge hearing the case, court costs on conviction
2442	2442	in a criminal action (Art. 45.041, Code of Criminal Procedure)
2443	2443	. . . part or all of the costs as directed by the judge; and
2444	2444	(18) costs attendant to convictions under Chapter 49,
2445	2445	Penal Code, and under Chapter 481, Health and Safety Code, to help
2446	2446	fund drug court programs established under Chapter 469, Health and
2447	2447	Safety Code (Art. 102.0178, Code of Criminal Procedure) . . . $60.
2448	2448	SECTION 11.111. Section 102.061, Government Code, as
2449	2449	amended by Chapters 87 (S.B. 1969), 1172 (H.B. 3389), and 1183 (H.B.
2450	2450	3637), Acts of the 81st Legislature, Regular Session, 2009, is
2451	2451	reenacted and amended to read as follows:
2452	2452	Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN
2453	2453	STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of
2454	2454	a statutory county court shall collect fees and costs under the Code
2455	2455	of Criminal Procedure on conviction of a defendant as follows:
2456	2456	(1) a jury fee (Art. 102.004, Code of Criminal
2457	2457	Procedure) . . . $20;
2458	2458	(2) a fee for services of the clerk of the court
2459	2459	(Art. 102.005, Code of Criminal Procedure) . . . $40;
2460	2460	(3) a records management and preservation services fee
2461	2461	(Art. 102.005, Code of Criminal Procedure) . . . $25;
2462	2462	(4) a county and district court technology fee
2463	2463	(Art. 102.0169, Code of Criminal Procedure) . . . $4;
2464	2464	(5) a security fee on a misdemeanor offense
2465	2465	(Art. 102.017, Code of Criminal Procedure) . . . $3;
2466	2466	(6) a juvenile delinquency prevention and graffiti
2467	2467	eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
2468	2468	$50; [and]
2469	2469	(7) a juvenile case manager fee (Art. 102.0174, Code
2470	2470	of Criminal Procedure) . . . not to exceed $5; and
2471	2471	(8) [(7)] a civil justice fee (Art. 102.022, Code of
2472	2472	Criminal Procedure) . . . $0.10.
2473	2473	SECTION 11.112. Section 102.081, Government Code, as
2474	2474	amended by Chapters 87 (S.B. 1969), 1172 (H.B. 3389), and 1183 (H.B.
2475	2475	3637), Acts of the 81st Legislature, Regular Session, 2009, is
2476	2476	reenacted and amended to read as follows:
2477	2477	Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN
2478	2478	COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county
2479	2479	court shall collect fees and costs under the Code of Criminal
2480	2480	Procedure on conviction of a defendant as follows:
2481	2481	(1) a jury fee (Art. 102.004, Code of Criminal
2482	2482	Procedure) . . . $20;
2483	2483	(2) a fee for clerk of the court services
2484	2484	(Art. 102.005, Code of Criminal Procedure) . . . $40;
2485	2485	(3) a records management and preservation services fee
2486	2486	(Art. 102.005, Code of Criminal Procedure) . . . $25;
2487	2487	(4) a county and district court technology fee
2488	2488	(Art. 102.0169, Code of Criminal Procedure) . . . $4;
2489	2489	(5) a security fee on a misdemeanor offense
2490	2490	(Art. 102.017, Code of Criminal Procedure) . . . $3;
2491	2491	(6) a juvenile delinquency prevention and graffiti
2492	2492	eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
2493	2493	$50; [and]
2494	2494	(7) a juvenile case manager fee (Art. 102.0174, Code
2495	2495	of Criminal Procedure) . . . not to exceed $5; and
2496	2496	(8) [(7)] a civil justice fee (Art. 102.022, Code of
2497	2497	Criminal Procedure) . . . $0.10.
2498	2498	SECTION 11.113. Section 103.021, Government Code, is
2499	2499	amended to conform to Chapter 1276 (H.B. 1506), Acts of the 81st
2500	2500	Legislature, Regular Session, 2009, to read as follows:
2501	2501	Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
2502	2502	CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant,
2503	2503	or a party to a civil suit, as applicable, shall pay the following
2504	2504	fees and costs under the Code of Criminal Procedure if ordered by
2505	2505	the court or otherwise required:
2506	2506	(1) a personal bond fee (Art. 17.42, Code of Criminal
2507	2507	Procedure) . . . the greater of $20 or three percent of the amount
2508	2508	of the bail fixed for the accused;
2509	2509	(2) cost of electronic monitoring as a condition of
2510	2510	release on personal bond (Art. 17.43, Code of Criminal Procedure)
2511	2511	. . . actual cost;
2512	2512	(3) a fee for verification of and monitoring of motor
2513	2513	vehicle ignition interlock (Art. 17.441, Code of Criminal
2514	2514	Procedure) . . . not to exceed $10;
2515	2515	(3-a) costs associated with operating a global
2516	2516	positioning monitoring system as a condition of release on bond
2517	2517	(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
2518	2518	subject to a determination of indigency;
2519	2519	(3-b) costs associated with providing a defendant's
2520	2520	victim with an electronic receptor device as a condition of the
2521	2521	defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
2522	2522	Procedure) . . . actual costs, subject to a determination of
2523	2523	indigency;
2524	2524	(4) repayment of reward paid by a crime stoppers
2525	2525	organization on conviction of a felony (Art. 37.073, Code of
2526	2526	Criminal Procedure) . . . amount ordered;
2527	2527	(5) reimbursement to general revenue fund for payments
2528	2528	made to victim of an offense as condition of community supervision
2529	2529	(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for
2530	2530	a misdemeanor offense or $100 for a felony offense;
2531	2531	(6) payment to a crime stoppers organization as
2532	2532	condition of community supervision (Art. 42.12, Code of Criminal
2533	2533	Procedure) . . . not to exceed $50;
2534	2534	(7) children's advocacy center fee (Art. 42.12, Code
2535	2535	of Criminal Procedure) . . . not to exceed $50;
2536	2536	(8) family violence center fee (Art. 42.12, Code of
2537	2537	Criminal Procedure) . . . $100;
2538	2538	(9) community supervision fee (Art. 42.12, Code of
2539	2539	Criminal Procedure) . . . not less than $25 or more than $60 per
2540	2540	month;
2541	2541	(10) additional community supervision fee for certain
2542	2542	offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per
2543	2543	month;
2544	2544	(11) for certain financially able sex offenders as a
2545	2545	condition of community supervision, the costs of treatment,
2546	2546	specialized supervision, or rehabilitation (Art. 42.12, Code of
2547	2547	Criminal Procedure) . . . all or part of the reasonable and
2548	2548	necessary costs of the treatment, supervision, or rehabilitation as
2549	2549	determined by the judge;
2550	2550	(12) fee for failure to appear for trial in a justice
2551	2551	or municipal court if a jury trial is not waived (Art. 45.026, Code
2552	2552	of Criminal Procedure) . . . costs incurred for impaneling the
2553	2553	jury;
2554	2554	(13) costs of certain testing, assessments, or
2555	2555	programs during a deferral period (Art. 45.051, Code of Criminal
2556	2556	Procedure) . . . amount ordered;
2557	2557	(14) special expense on dismissal of certain
2558	2558	misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
2559	2559	. . . not to exceed amount of fine assessed;
2560	2560	(15) an additional fee:
2561	2561	(A) for a copy of the defendant's driving record
2562	2562	to be requested from the Department of Public Safety by the judge
2563	2563	(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
2564	2564	to the sum of the fee established by Section 521.048,
2565	2565	Transportation Code, and the TexasOnline fee;
2566	2566	(B) as an administrative fee for requesting a
2567	2567	driving safety course or a course under the motorcycle operator
2568	2568	training and safety program for certain traffic offenses to cover
2569	2569	the cost of administering the article (Art. 45.0511(f)(1), Code of
2570	2570	Criminal Procedure) . . . not to exceed $10; or
2571	2571	(C) for requesting a driving safety course or a
2572	2572	course under the motorcycle operator training and safety program
2573	2573	before the final disposition of the case (Art. 45.0511(f)(2), Code
2574	2574	of Criminal Procedure) . . . not to exceed the maximum amount of the
2575	2575	fine for the offense committed by the defendant;
2576	2576	(16) a request fee for teen court program (Art.
2577	2577	45.052, Code of Criminal Procedure) . . . $20, if the court
2578	2578	ordering the fee is located in the Texas-Louisiana border region,
2579	2579	but otherwise not to exceed $10;
2580	2580	(17) a fee to cover costs of required duties of teen
2581	2581	court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
2582	2582	court ordering the fee is located in the Texas-Louisiana border
2583	2583	region, but otherwise $10;
2584	2584	(18) a mileage fee for officer performing certain
2585	2585	services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
2586	2586	mile;
2587	2587	(19) certified mailing of notice of hearing date (Art.
2588	2588	102.006, Code of Criminal Procedure) . . . $1, plus postage;
2589	2589	(20) certified mailing of certified copies of an order
2590	2590	of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
2591	2591	plus postage;
2592	2592	(20-a) a fee to defray the cost of notifying state
2593	2593	agencies of orders of expungement (Art. 45.0216, Code of Criminal
2594	2594	Procedure) . . . $30 per application;
2595	2595	(20-b) a fee to defray the cost of notifying state
2596	2596	agencies of orders of expunction (Art. 45.055, Code of Criminal
2597	2597	Procedure) . . . $30 per application;
2598	2598	(21) sight orders:
2599	2599	(A) if the face amount of the check or sight order
2600	2600	does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
2601	2601	. . . not to exceed $10;
2602	2602	(B) if the face amount of the check or sight order
2603	2603	is greater than $10 but does not exceed $100 (Art. 102.007, Code of
2604	2604	Criminal Procedure) . . . not to exceed $15;
2605	2605	(C) if the face amount of the check or sight order
2606	2606	is greater than $100 but does not exceed $300 (Art. 102.007, Code of
2607	2607	Criminal Procedure) . . . not to exceed $30;
2608	2608	(D) if the face amount of the check or sight order
2609	2609	is greater than $300 but does not exceed $500 (Art. 102.007, Code of
2610	2610	Criminal Procedure) . . . not to exceed $50; and
2611	2611	(E) if the face amount of the check or sight order
2612	2612	is greater than $500 (Art. 102.007, Code of Criminal Procedure)
2613	2613	. . . not to exceed $75;
2614	2614	(22) fees for a pretrial intervention program:
2615	2615	(A) a supervision fee (Art. 102.012(a), Code of
2616	2616	Criminal Procedure) . . . $60 a month plus expenses; and
2617	2617	(B) a district attorney, criminal district
2618	2618	attorney, or county attorney administrative fee (Art. 102.0121,
2619	2619	Code of Criminal Procedure) . . . not to exceed $500;
2620	2620	(23) parking fee violations for child safety fund in
2621	2621	municipalities with populations:
2622	2622	(A) greater than 850,000 (Art. 102.014, Code of
2623	2623	Criminal Procedure) . . . not less than $2 and not to exceed $5; and
2624	2624	(B) less than 850,000 (Art. 102.014, Code of
2625	2625	Criminal Procedure) . . . not to exceed $5;
2626	2626	(24) an administrative fee for collection of fines,
2627	2627	fees, restitution, or other costs (Art. 102.072, Code of Criminal
2628	2628	Procedure) . . . not to exceed $2 for each transaction; and
2629	2629	(25) a collection fee, if authorized by the
2630	2630	commissioners court of a county or the governing body of a
2631	2631	municipality, for certain debts and accounts receivable, including
2632	2632	unpaid fines, fees, court costs, forfeited bonds, and restitution
2633	2633	ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
2634	2634	percent of an amount more than 60 days past due.
2635	2635	SECTION 11.114. Section 103.026, Government Code, is
2636	2636	amended to conform to Chapters 767 (S.B. 865) and 1035 (H.B. 4424),
2637	2637	Acts of the 81st Legislature, Regular Session, 2009, to read as
2638	2638	follows:
2639	2639	Sec. 103.026. MISCELLANEOUS FEES AND COSTS: FAMILY CODE.
2640	2640	Fees and costs shall be paid or collected under the Family Code as
2641	2641	follows:
2642	2642	(1) costs of determining and sending information
2643	2643	concerning the identity of the court with continuing, exclusive
2644	2644	jurisdiction if charged by the bureau of vital statistics (Sec.
2645	2645	108.006, Family Code) . . . reasonable fee;
2646	2646	(2) initial operations fee paid to the domestic
2647	2647	relations office on each filing of an original [a] suit affecting
2648	2648	the parent-child relationship, motion for modification, or motion
2649	2649	for enforcement, if authorized by the administering entity (Sec.
2650	2650	203.005, Family Code) . . . not to exceed $15;
2651	2651	(3) initial child support service fee paid to the
2652	2652	domestic relations office in certain counties on the filing of an
2653	2653	original [a] suit affecting the parent-child relationship, if
2654	2654	authorized by the administering entity (Sec. 203.005, Family Code)
2655	2655	. . . not to exceed $36;
2656	2656	(4) service fee for services of a domestic relations
2657	2657	office, if authorized by the administering entity (Sec. 203.005,
2658	2658	Family Code) . . . not to exceed $3 per month;
2659	2659	(5) fee to reimburse a domestic relations office for a
2660	2660	fee paid for filing an administrative writ of withholding (Secs.
2661	2661	158.503 and 203.005, Family Code) . . . the amount of the fee paid;
2662	2662	(6) fee from a Title IV-D agency for each item of
2663	2663	process to each individual on whom service is required, including
2664	2664	service by certified or registered mail (Sec. 231.202, Family Code)
2665	2665	. . . the amount that a sheriff or constable may charge for serving
2666	2666	process under Section 118.131, Local Government Code; and
2667	2667	(7) a fee for mailing an order vacating or staying an
2668	2668	order suspending a license to the appropriate licensing authority
2669	2669	(Sec. 232.013, Family Code) . . . $5 for each order mailed.
2670	2670	SECTION 11.115. Section 103.027, Government Code, is
2671	2671	amended to read as follows:
2672	2672	Sec. 103.027. MISCELLANEOUS FEES AND COSTS: GOVERNMENT
2673	2673	CODE. Fees and costs shall be paid or collected under the
2674	2674	Government Code as follows:
2675	2675	(1) filing a certified copy of a judicial finding of
2676	2676	fact and conclusion of law if charged by the secretary of state
2677	2677	(Sec. 51.905, Government Code) . . . $15;
2678	2678	(2) cost paid by each surety posting the bail bond for
2679	2679	an offense other than a misdemeanor punishable by fine only under
2680	2680	Chapter 17, Code of Criminal Procedure, for the assistant
2681	2681	prosecutor supplement fund and the fair defense account
2682	2682	(Sec. 41.258, Government Code) . . . $15, provided the cost does
2683	2683	not exceed $30 for all bail bonds posted at that time for an
2684	2684	individual and the cost is not required on the posting of a personal
2685	2685	or cash bond;
2686	2686	(3) to participate in a court proceeding in this
2687	2687	state, a nonresident attorney fee [for civil legal services to the
2688	2688	indigent] (Sec. 82.0361, Government Code) . . . $250 except as
2689	2689	waived or reduced under supreme court rules for representing an
2690	2690	indigent person;
2691	2691	(4) on a party's appeal of a final decision in a
2692	2692	contested case, the cost of preparing the original or a certified
2693	2693	copy of the record of the agency proceeding, if required by the
2694	2694	agency's rule, as a court cost (Sec. 2001.177, Government Code)
2695	2695	. . . as assessed by the court, all or part of the cost of
2696	2696	preparation;
2697	2697	(5) compensation to a referee in juvenile court in
2698	2698	Wichita County taxed as costs if the judge determines the parties
2699	2699	are able to pay the costs (Sec. 54.403, Government Code) . . . as
2700	2700	determined by the judge; and
2701	2701	(6) the expense of preserving the record as a court
2702	2702	cost in Brazos County if imposed on a party by the referring court
2703	2703	or magistrate (Sec. 54.1111, Government Code) . . . actual cost.
2704	2704	SECTION 11.116. Section 103.029, Government Code, is
2705	2705	amended to conform to Chapter 840 (S.B. 1940), Acts of the 81st
2706	2706	Legislature, Regular Session, 2009, to read as follows:
2707	2707	Sec. 103.029. MISCELLANEOUS FEES AND COSTS: HEALTH AND
2708	2708	SAFETY CODE. Fees and costs shall be paid or collected under the
2709	2709	Health and Safety Code as follows:
2710	2710	(1) a program fee for a drug court program established
2711	2711	under Section 469.002, Health and Safety Code (Sec. 469.004, Health
2712	2712	and Safety Code) . . . not to exceed $1,000; [and]
2713	2713	(2) an alcohol or controlled substance testing,
2714	2714	counseling, and treatment fee (Sec. 469.004, Health and Safety
2715	2715	Code) . . . the amount necessary to cover the costs of testing,
2716	2716	counseling, and treatment;
2717	2717	(3) a reasonable program fee for a veterans court
2718	2718	program (Sec. 617.006, Health and Safety Code) . . . not to exceed
2719	2719	$1,000; and
2720	2720	(4) a testing, counseling, and treatment fee for
2721	2721	testing, counseling, or treatment performed or provided under a
2722	2722	veterans court program (Sec. 617.006, Health and Safety Code) . . .
2723	2723	the amount necessary to cover the costs of testing, counseling, or
2724	2724	treatment.
2725	2725	SECTION 11.117. Section 103.030, Government Code, is
2726	2726	amended to read as follows:
2727	2727	Sec. 103.030. MISCELLANEOUS FEES AND COSTS: LOCAL
2728	2728	GOVERNMENT CODE. Fees and costs shall be paid or collected under
2729	2729	the Local Government Code as follows:
2730	2730	(1) services by the offices of the sheriff and
2731	2731	constables (Sec. 118.131, Local Government Code) . . . amount set
2732	2732	by county commissioners court;
2733	2733	(2) a filing fee or recording fee for each page of a
2734	2734	legal paper presented for filing or recording that fails to meet
2735	2735	certain requirements regarding paper size, weight, substance,
2736	2736	headings, legibility, the presence of typed or printed names under
2737	2737	each signature, and number and size of riders or attachments
2738	2738	(Sec. 191.007, Local Government Code) . . . twice the regular
2739	2739	filing fee or recording fee provided by statute for that page,
2740	2740	rider, or attachment;
2741	2741	(3) a processing fee as authorized by the
2742	2742	commissioners court for the payment by credit card of a fee, court
2743	2743	cost, or other charge processed by a county or precinct officer
2744	2744	(Secs. 132.002 and 132.003, Local Government Code) . . . an amount
2745	2745	reasonably related to the expense incurred by the county or
2746	2746	precinct officer but not to exceed five percent of the amount of the
2747	2747	fee, court cost, or other charge being paid;
2748	2748	(4) a processing fee as authorized by the governing
2749	2749	body of the municipality for the payment by credit card of a fee,
2750	2750	court cost, or other charge processed by a municipal official
2751	2751	(Secs. 132.002 and 132.003, Local Government Code) . . . an amount
2752	2752	reasonably related to the expense incurred by the municipal
2753	2753	official but not to exceed five percent of the amount of the fee,
2754	2754	court cost, or other charge being paid;
2755	2755	(5) a handling fee, if authorized by the commissioners
2756	2756	court under Section 132.002, Local Government Code, for
2757	2757	electronically processing the payment of a fee, fine, court cost,
2758	2758	or other charge (Secs. 132.002 and 132.003, Local Government Code):
2759	2759	(A) charged at a flat rate that does not exceed $5
2760	2760	for each payment transaction; or
2761	2761	(B) charged at a rate reasonably related to the
2762	2762	expense incurred in processing a payment and that does not exceed
2763	2763	five percent of the amount of the fee, court cost, or other charge
2764	2764	being paid; and
2765	2765	(6) a fee, if authorized by the commissioners court,
2766	2766	collected by a county or precinct officer on behalf of the county
2767	2767	from a person making payment by credit card of a fee, court cost, or
2768	2768	other charge (Sec. 132.003, Local Government Code) . . . an amount
2769	2769	equal to the amount of any transaction fee charged to the county by
2770	2770	a vendor providing services in connection with payments made by
2771	2771	credit card.
2772	2772	ARTICLE 12. CHANGES RELATING TO HEALTH AND SAFETY CODE
2773	2773	SECTION 12.001. Section 146.009, Health and Safety Code, is
2774	2774	repealed to conform to the repeal of Section 146.009, Health and
2775	2775	Safety Code, by Chapter 1528 (S.B. 932), Acts of the 76th
2776	2776	Legislature, Regular Session, 1999.
2777	2777	SECTION 12.002. Section 251.012, Health and Safety Code, as
2778	2778	amended by Chapters 839 (S.B. 1932) and 1280 (H.B. 1831), Acts of
2779	2779	the 81st Legislature, Regular Session, 2009, is reenacted to read
2780	2780	as follows:
2781	2781	Sec. 251.012. EXEMPTIONS FROM LICENSING REQUIREMENT. The
2782	2782	following facilities are not required to be licensed under this
2783	2783	chapter:
2784	2784	(1) a home and community support services agency
2785	2785	licensed under Chapter 142 with a home dialysis designation;
2786	2786	(2) a hospital licensed under Chapter 241 that
2787	2787	provides dialysis only to:
2788	2788	(A) individuals receiving inpatient services
2789	2789	from the hospital; or
2790	2790	(B) individuals receiving outpatient services
2791	2791	due to a disaster declared by the governor or a federal disaster
2792	2792	declared by the president of the United States occurring in this
2793	2793	state or another state during the term of the disaster declaration;
2794	2794	or
2795	2795	(3) the office of a physician unless the office is used
2796	2796	primarily as an end stage renal disease facility.
2797	2797	SECTION 12.003. Sections 314.003(a) and (d), Health and
2798	2798	Safety Code, are amended to conform to Section 17.01(25), Chapter
2799	2799	76 (S.B. 959), Acts of the 74th Legislature, Regular Session, 1995,
2800	2800	to read as follows:
2801	2801	(a) The attorney general, at any time after an application
2802	2802	is filed under Section 314.002(b) [313.002(b)], may require by
2803	2803	civil investigative demand the attendance and testimony of
2804	2804	witnesses and the production of documents in Travis County or the
2805	2805	county in which the applicants are located for the purpose of
2806	2806	investigating whether the cooperative agreement satisfies the
2807	2807	standards set forth in Section 314.002 [313.002]. All nonpublic
2808	2808	documents produced and testimony given to the attorney general are
2809	2809	subject to the prohibitions on disclosure and use of Section
2810	2810	15.10(i), Business & Commerce Code. The attorney general may seek
2811	2811	an order from the district court compelling compliance with a civil
2812	2812	investigative demand issued under this section.
2813	2813	(d) In any action brought under Subsection (b), the
2814	2814	applicants for a certificate bear the burden of establishing by
2815	2815	clear and convincing evidence that in accordance with Sections
2816	2816	314.002(e) [313.002(e)] and (f), the likely benefits resulting from
2817	2817	the cooperative agreement outweigh any disadvantages attributable
2818	2818	to a reduction in competition that may result from the agreement.
2819	2819	In assessing disadvantages attributable to a reduction in
2820	2820	competition likely to result from the agreement, the court may draw
2821	2821	upon the determinations of federal and Texas courts concerning
2822	2822	unreasonable restraint of trade under 15 U.S.C. Sections 1 and 2,
2823	2823	and Chapter 15, Business & Commerce Code.
2824	2824	SECTION 12.004. Section 382.209(c), Health and Safety Code,
2825	2825	is amended to correct references to read as follows:
2826	2826	(c) The rules adopted under Subsection (a) must provide
2827	2827	procedures for ensuring that a program implemented under authority
2828	2828	of that subsection does not apply to a vehicle that is:
2829	2829	(1) registered under Section 504.501 or 504.502
2830	2830	[502.274 or 502.275], Transportation Code; and
2831	2831	(2) not regularly used for transportation during the
2832	2832	normal course of daily activities.
2833	2833	SECTION 12.005. Section 382.213(c), Health and Safety Code,
2834	2834	is amended to correct references to read as follows:
2835	2835	(c) A vehicle identified by a local advisory panel as an
2836	2836	existing or future collectible vehicle under Section 382.211 may be
2837	2837	sold to an individual if the vehicle:
2838	2838	(1) is repaired and brought into compliance;
2839	2839	(2) is removed from the state;
2840	2840	(3) is removed from an affected county; or
2841	2841	(4) is stored for future restoration and cannot be
2842	2842	registered in an affected county except under Section 504.501 or
2843	2843	504.502 [502.274 or 502.275], Transportation Code.
2844	2844	SECTION 12.006. Section 386.252(a), Health and Safety Code,
2845	2845	as amended by Chapters 1125 (H.B. 1796) and 1232 (S.B. 1759), Acts
2846	2846	of the 81st Legislature, Regular Session, 2009, is reenacted and
2847	2847	amended to read as follows:
2848	2848	(a) Money in the fund may be used only to implement and
2849	2849	administer programs established under the plan and shall be
2850	2850	allocated as follows:
2851	2851	(1) for the diesel emissions reduction incentive
2852	2852	program, 87.5 percent of the money in the fund, of which:
2853	2853	(A) not more than four percent may be used for the
2854	2854	clean school bus program;
2855	2855	(B) not more than 10 percent may be used for
2856	2856	on-road diesel purchase or lease incentives; [and]
2857	2857	(C) a specified amount may be used for the new
2858	2858	technology implementation grant program, from which a defined
2859	2859	amount may be set aside for electricity storage projects related to
2860	2860	renewable energy; and
2861	2861	(D) five percent shall be used for the clean
2862	2862	fleet program;
2863	2863	(2) for the new technology research and development
2864	2864	program, nine percent of the money in the fund, of which:
2865	2865	(A) up to $200,000 is allocated for a health
2866	2866	effects study;
2867	2867	(B) $500,000 is to be deposited in the state
2868	2868	treasury to the credit of the clean air account created under
2869	2869	Section 382.0622 to supplement funding for air quality planning
2870	2870	activities in affected counties;
2871	2871	(C) not less than 20 percent is to be allocated
2872	2872	each year to support research related to air quality as provided by
2873	2873	Section 387.010; and
2874	2874	(D) the balance is allocated each year to the
2875	2875	commission to be used to:
2876	2876	(i) implement and administer the new
2877	2877	technology research and development program for the purpose of
2878	2878	identifying, testing, and evaluating new emissions-reducing
2879	2879	technologies with potential for commercialization in this state and
2880	2880	to facilitate their certification or verification; and
2881	2881	(ii) contract with the Energy Systems
2882	2882	Laboratory at the Texas Engineering Experiment Station for $216,000
2883	2883	annually for the development and annual computation of creditable
2884	2884	statewide emissions reductions obtained through wind and other
2885	2885	renewable energy resources for the state implementation plan; and
2886	2886	(3) two percent is allocated to the commission and 1.5
2887	2887	percent is allocated to the laboratory for administrative costs
2888	2888	incurred by the commission and the laboratory.
2889	2889	SECTION 12.007. Section 481.074(o), Health and Safety Code,
2890	2890	as amended by Chapters 349 (S.B. 1188) and 1345 (S.B. 410), Acts of
2891	2891	the 79th Legislature, Regular Session, 2005, is reenacted to read
2892	2892	as follows:
2893	2893	(o) A pharmacist may dispense a Schedule II controlled
2894	2894	substance pursuant to a facsimile copy of an official prescription
2895	2895	completed in the manner required by Section 481.075 and transmitted
2896	2896	by the practitioner or the practitioner's agent to the pharmacy if:
2897	2897	(1) the prescription is written for:
2898	2898	(A) a Schedule II narcotic or nonnarcotic
2899	2899	substance for a patient in a long-term care facility (LTCF), and the
2900	2900	practitioner notes on the prescription "LTCF patient";
2901	2901	(B) a Schedule II narcotic product to be
2902	2902	compounded for the direct administration to a patient by
2903	2903	parenteral, intravenous, intramuscular, subcutaneous, or
2904	2904	intraspinal infusion; or
2905	2905	(C) a Schedule II narcotic substance for a
2906	2906	patient with a medical diagnosis documenting a terminal illness or
2907	2907	a patient enrolled in a hospice care program certified or paid for
2908	2908	by Medicare under Title XVIII, Social Security Act (42 U.S.C.
2909	2909	Section 1395 et seq.), as amended, by Medicaid, or by a hospice
2910	2910	program that is licensed under Chapter 142, and the practitioner or
2911	2911	the practitioner's agent notes on the prescription "terminally ill"
2912	2912	or "hospice patient"; and
2913	2913	(2) after transmitting the prescription, the
2914	2914	prescribing practitioner or the practitioner's agent:
2915	2915	(A) writes across the face of the official
2916	2916	prescription "VOID--sent by fax to (name and telephone number of
2917	2917	receiving pharmacy)"; and
2918	2918	(B) files the official prescription in the
2919	2919	patient's medical records instead of delivering it to the patient.
2920	2920	SECTION 12.008. Section 711.0515, Health and Safety Code,
2921	2921	as added by Chapters 263 (H.B. 1468) and 914 (H.B. 2927), Acts of
2922	2922	the 81st Legislature, Regular Session, 2009, is reenacted to read
2923	2923	as follows:
2924	2924	Sec. 711.0515. ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTIVE
2925	2925	RELIEF. In addition to bringing an action under Section 711.051,
2926	2926	the attorney general at the request of the Texas Funeral Service
2927	2927	Commission may bring an action for injunctive relief to enforce
2928	2928	this chapter or a rule or order adopted by the commission under this
2929	2929	chapter.
2930	2930	ARTICLE 13. CHANGES RELATING TO HUMAN RESOURCES CODE
2931	2931	SECTION 13.001. Section 48.401, Human Resources Code, as
2932	2932	amended by Chapters 284 (S.B. 643) and 763 (S.B. 806), Acts of the
2933	2933	81st Legislature, Regular Session, 2009, is reenacted and amended
2934	2934	to read as follows:
2935	2935	Sec. 48.401. DEFINITIONS. In this subchapter:
2936	2936	(1) "Agency" means:
2937	2937	(A) an entity licensed under Chapter 142, Health
2938	2938	and Safety Code;
2939	2939	(B) a person exempt from licensing under Section
2940	2940	142.003(a)(19), Health and Safety Code;
2941	2941	(C) a facility licensed under Chapter 252, Health
2942	2942	and Safety Code; or
2943	2943	(D) an entity investigated by the department
2944	2944	under Subchapter F or under Section 261.404, Family Code.
2945	2945	(2) "Commissioner" means the commissioner of the
2946	2946	Department of Family and Protective Services.
2947	2947	(3) "Employee" means a person who:
2948	2948	(A) works for an agency;
2949	2949	(B) provides personal care services, active
2950	2950	treatment, or any other personal services to an individual
2951	2951	receiving agency services or to an individual who is a child for
2952	2952	whom an investigation is authorized under Section 261.404, Family
2953	2953	Code; and
2954	2954	(C) is not licensed by the state to perform the
2955	2955	services the person performs for the agency.
2956	2956	(4) "Employee misconduct registry" means the employee
2957	2957	misconduct registry established under Chapter 253, Health and
2958	2958	Safety Code.
2959	2959	(5) "Reportable conduct" includes:
2960	2960	(A) abuse or neglect that causes or may cause
2961	2961	death or harm to an individual receiving agency services;
2962	2962	(B) sexual abuse of an individual receiving
2963	2963	agency services;
2964	2964	(C) financial exploitation of an individual
2965	2965	receiving agency services in an amount of $25 or more; and
2966	2966	(D) emotional, verbal, or psychological abuse
2967	2967	that causes harm to an individual receiving agency services.
2968	2968	ARTICLE 14. CHANGES RELATING TO INSURANCE CODE
2969	2969	SECTION 14.001. Section 1506.155(a-1), Insurance Code, as
2970	2970	amended by Chapters 533 (S.B. 1403) and 550 (S.B. 1771), Acts of the
2971	2971	81st Legislature, Regular Session, 2009, is reenacted to read as
2972	2972	follows:
2973	2973	(a-1) Except as provided by Section 1506.056, pool coverage
2974	2974	for an individual eligible pursuant to Section 1506.153(b) or (c)
2975	2975	excludes charges or expenses incurred before the first anniversary
2976	2976	of the effective date of coverage with regard to any condition for
2977	2977	which:
2978	2978	(1) the existence of symptoms would cause an
2979	2979	ordinarily prudent person to seek diagnosis, care, or treatment
2980	2980	within the six-month period preceding the effective date of
2981	2981	coverage; or
2982	2982	(2) medical advice, care, or treatment was recommended
2983	2983	or received during the six-month period preceding the effective
2984	2984	date of coverage.
2985	2985	SECTION 14.002. Section 1601.101(c), Insurance Code, is
2986	2986	amended to more closely conform to the source law from which the
2987	2987	section was derived to read as follows:
2988	2988	(c) An individual is eligible to participate in the uniform
2989	2989	program as provided by Subsection (a) if the individual:
2990	2990	(1) receives compensation for services performed for
2991	2991	the system;
2992	2992	(2) is employed at least 20 hours a week [only]; and
2993	2993	(3) is not permitted to be a member of the Teacher
2994	2994	Retirement System of Texas because the individual is solely
2995	2995	employed by the system in a position that as a condition of
2996	2996	employment requires the individual to be enrolled as a student in
2997	2997	the system in graduate-level courses.
2998	2998	ARTICLE 15. CHANGES RELATING TO LABOR CODE
2999	2999	SECTION 15.001. Section 407A.357(b), Labor Code, as amended
3000	3000	by Chapter 265 (H.B. 7), Acts of the 79th Legislature, Regular
3001	3001	Session, 2005, is repealed to conform to the repeal of Section
3002	3002	407A.357, Labor Code, by Chapter 1055 (H.B. 1353), Acts of the 79th
3003	3003	Legislature, Regular Session, 2005.
3004	3004	ARTICLE 16. CHANGES RELATING TO LOCAL GOVERNMENT CODE
3005	3005	SECTION 16.001. The heading to Section 84.008, Local
3006	3006	Government Code, is amended to conform to Chapter 541 (H.B. 2083),
3007	3007	Acts of the 75th Legislature, Regular Session, 1997, to read as
3008	3008	follows:
3009	3009	Sec. 84.008. JOINT EMPLOYMENT OF COUNTY AUDITOR [IN
3010	3010	COUNTIES WITH POPULATION OF LESS THAN 25,000].
3011	3011	SECTION 16.002. Section 146.003(d), Local Government Code,
3012	3012	is amended to correct a typographical error to read as follows:
3013	3013	(d) This chapter does not authorize an agreement regarding
3014	3014	pension or pension-related matters governed by Chapter 358, Acts of
3015	3015	the 48th Legislature, Regular Session, 1943 (Article 6243g,
3016	3016	Vernon's Texas Civil Statutes [Statues]), or a successor statute.
3017	3017	SECTION 16.003. Section 155.021, Local Government Code, is
3018	3018	amended to correct a reference to read as follows:
3019	3019	Sec. 155.021. DEDUCTIONS ENUMERATED. The county treasurer
3020	3020	or, if another officer is specified by law, that other officer shall
3021	3021	make the deductions from, or take other similar actions with regard
3022	3022	to, the compensation of county employees as required:
3023	3023	(1) for employee contributions for coverage under the
3024	3024	federal social security program in accordance with Chapter 606,
3025	3025	Government Code;
3026	3026	(2) for the purchase of annuities or for contributions
3027	3027	to investments for employees in accordance with Chapter 22, Acts of
3028	3028	the 57th Legislature, 3rd Called Session, 1962 (Article 6228a-5,
3029	3029	Vernon's Texas Civil Statutes);
3030	3030	(3) for the purchase of United States savings bonds
3031	3031	for employees in accordance with Chapter 608 [606], Government
3032	3032	Code;
3033	3033	(4) for employee participation in a deferred
3034	3034	compensation plan in accordance with Chapter 609, Government Code;
3035	3035	or
3036	3036	(5) for employee contributions to a retirement system
3037	3037	in accordance with Section 845.403, Government Code.
3038	3038	SECTION 16.004. Sections 214.003(b) and (d), Local
3039	3039	Government Code, are amended to correct references to read as
3040	3040	follows:
3041	3041	(b) Except as provided by Subsection (c), the court may
3042	3042	appoint as a receiver for the property a nonprofit organization
3043	3043	with a demonstrated record of rehabilitating properties if the
3044	3044	court finds that:
3045	3045	(1) the structures on the property are in violation of
3046	3046	the standards set forth in Section 214.001(b) and an ordinance
3047	3047	described by Subsection (a);
3048	3048	(2) notice of violation was given to the record owner
3049	3049	of the property; and
3050	3050	(3) a public hearing as required by Section 214.001(b)
3051	3051	[214.001(d)] has been conducted.
3052	3052	(d) For the purposes of this section, if the record owner
3053	3053	does not appear at the hearing required by Section 214.001(b)
3054	3054	[214.001(d)], the hearing shall be conducted as if the owner had
3055	3055	personally appeared.
3056	3056	SECTION 16.005. Section 271.182, Local Government Code, as
3057	3057	amended by Chapters 135 (S.B. 1047) and 725 (S.B. 229), Acts of the
3058	3058	81st Legislature, Regular Session, 2009, is reenacted and amended
3059	3059	to read as follows:
3060	3060	Sec. 271.182. APPLICABILITY. (a) This subchapter applies
3061	3061	to a local governmental entity with a population of more than
3062	3062	100,000 within its geographic boundaries or service area.
3063	3063	(b) [(c)] This subchapter applies to a municipally owned
3064	3064	combined electric, water, and wastewater utility situated in an
3065	3065	economically distressed area and located within 30 miles of the
3066	3066	Lower Texas Gulf Coast. For this subchapter, "combined" means that
3067	3067	the utilities are managed and controlled by one board whose members
3068	3068	are appointed by the governing body of the municipality and that the
3069	3069	financing of capital improvements is secured from the revenues of
3070	3070	all three utilities.
3071	3071	SECTION 16.006. Section 552.053(e), Local Government Code,
3072	3072	as added by Chapters 278 (S.B. 874) and 539 (S.B. 1522), Acts of the
3073	3073	81st Legislature, Regular Session, 2009, is reenacted and amended
3074	3074	to read as follows:
3075	3075	(e) The following property is exempt from drainage charges
3076	3076	under Section 552.047 and all ordinances, resolutions, and rules
3077	3077	adopted under this subchapter:
3078	3078	(1) property owned by a county in which a municipality
3079	3079	described by Section 552.044(8)(A) is located; and
3080	3080	(2) property owned by a school district located wholly
3081	3081	or partly in a municipality described by Section 552.044(8)(A).
3082	3082	ARTICLE 17. CHANGES RELATING TO NATURAL RESOURCES CODE
3083	3083	SECTION 17.001. Section 40.251(g), Natural Resources Code,
3084	3084	is amended to conform to the repeal of Section 40.053, Natural
3085	3085	Resources Code, by Chapter 146 (S.B. 619), Acts of the 78th
3086	3086	Legislature, Regular Session, 2003, to read as follows:
3087	3087	(g) It is a defense to prosecution for a criminal offense
3088	3088	under Subchapter C, D, or E of this chapter that the conduct
3089	3089	complained of was committed pursuant to response or cleanup
3090	3090	operations and was authorized by the national contingency plan [or
3091	3091	the state coastal discharge contingency plan], by a discharge
3092	3092	response plan required under this chapter, or by an authorized
3093	3093	federal or state official.
3094	3094	SECTION 17.002. Section 81.01015, Natural Resources Code,
3095	3095	as effective April 1, 2011, is repealed to conform to Section 4(38),
3096	3096	Chapter 614 (H.B. 874), Acts of the 81st Legislature, Regular
3097	3097	Session, 2009.
3098	3098	SECTION 17.003. Section 117.012(n), Natural Resources
3099	3099	Code, is amended to correct a reference to read as follows:
3100	3100	(n) In this subsection, "telecommunications service" and
3101	3101	"information service" have the meanings assigned by 47 U.S.C.
3102	3102	Section 153. Notwithstanding Subsection (a), this title does not
3103	3103	grant the commission jurisdiction or right-of-way management
3104	3104	authority over a provider of telecommunications service or
3105	3105	information service. A provider of telecommunications service or
3106	3106	information service shall comply with all applicable safety
3107	3107	standards, including those provided by Subchapter H [G], Chapter
3108	3108	756, Health and Safety Code.
3109	3109	ARTICLE 18. CHANGES RELATING TO OCCUPATIONS CODE
3110	3110	SECTION 18.001. Section 303.005(h), Occupations Code, as
3111	3111	amended by Section 18 and repealed by Section 21(6), Chapter 803
3112	3112	(S.B. 993), Acts of the 80th Legislature, Regular Session, 2007, is
3113	3113	reenacted to read as follows:
3114	3114	(h) A person may not suspend or terminate the employment of,
3115	3115	or otherwise discipline or discriminate against, a nurse who in
3116	3116	good faith requests a peer review determination under this section
3117	3117	or a person who advises a nurse of the nurse's right to request a
3118	3118	determination or of the procedures for requesting a determination.
3119	3119	A violation of this subsection is subject to Section 301.413.
3120	3120	SECTION 18.002. Section 1301.002(5), Occupations Code, as
3121	3121	amended by Chapters 804 (S.B. 1410) and 1380 (S.B. 1354), Acts of
3122	3122	the 81st Legislature, Regular Session, 2009, is reenacted to read
3123	3123	as follows:
3124	3124	(5) "Master plumber" means a person licensed under
3125	3125	this chapter who:
3126	3126	(A) is skilled in the design, planning, and
3127	3127	superintending of plumbing and in the practical installation,
3128	3128	repair, and servicing of plumbing;
3129	3129	(B) has worked as a journeyman plumber:
3130	3130	(i) for at least four years; or
3131	3131	(ii) for at least one year and has
3132	3132	successfully completed a training program approved by the United
3133	3133	States Department of Labor Office of Apprenticeship or another
3134	3134	nationally recognized apprentice training program accepted by the
3135	3135	board;
3136	3136	(C) performs or supervises plumbing work;
3137	3137	(D) has passed the required examination; and
3138	3138	(E) has fulfilled the other requirements of the
3139	3139	board.
3140	3140	SECTION 18.003. Section 1301.002(10), Occupations Code, as
3141	3141	amended by Chapters 804 (S.B. 1410) and 1380 (S.B. 1354), Acts of
3142	3142	the 81st Legislature, Regular Session, 2009, is reenacted and
3143	3143	amended to read as follows:
3144	3144	(10) "Tradesman plumber-limited license holder" means
3145	3145	a person who:
3146	3146	(A) has completed at least 4,000 hours working
3147	3147	under the direct supervision of a journeyman or master plumber as a
3148	3148	plumber's apprentice;
3149	3149	(B) has passed the required examination; [and]
3150	3150	(C) constructs and installs plumbing for
3151	3151	one-family or two-family dwellings under the supervision of a
3152	3152	responsible master plumber; and
3153	3153	(D) has fulfilled the other requirements of the
3154	3154	board.
3155	3155	SECTION 18.004. Section 1802.253(a), Occupations Code, as
3156	3156	amended by Chapters 816 (S.B. 279) and 1215 (S.B. 1147), Acts of the
3157	3157	78th Legislature, Regular Session, 2003, is reenacted to read as
3158	3158	follows:
3159	3159	(a) Before denying an application for a license, the
3160	3160	commission shall:
3161	3161	(1) set the matter for a hearing to be conducted by the
3162	3162	State Office of Administrative Hearings; and
3163	3163	(2) before the hearing date, notify the applicant in
3164	3164	writing of:
3165	3165	(A) the charges alleged or the question to be
3166	3166	determined at the hearing; and
3167	3167	(B) the date and location of the hearing.
3168	3168	SECTION 18.005. Section 2308.256(a), Occupations Code, as
3169	3169	amended by Chapter 1310 (H.B. 2571), Acts of the 81st Legislature,
3170	3170	Regular Session, 2009, is repealed to conform to the repeal of
3171	3171	Section 2308.256, Occupations Code, by Chapter 757 (S.B. 702), Acts
3172	3172	of the 81st Legislature, Regular Session, 2009.
3173	3173	SECTION 18.006. Section 2308.453, Occupations Code, as
3174	3174	amended by Chapters 845 (S.B. 2153) and 1310 (H.B. 2571), Acts of
3175	3175	the 81st Legislature, Regular Session, 2009, is reenacted to read
3176	3176	as follows:
3177	3177	Sec. 2308.453. JURISDICTION. A hearing under this chapter
3178	3178	shall be in the justice court having jurisdiction in:
3179	3179	(1) the precinct from which the motor vehicle was
3180	3180	towed; or
3181	3181	(2) for booted vehicles, the precinct in which the
3182	3182	parking facility is located.
3183	3183	SECTION 18.007. Section 2308.455, Occupations Code, as
3184	3184	amended by Chapters 845 (S.B. 2153) and 1310 (H.B. 2571), Acts of
3185	3185	the 81st Legislature, Regular Session, 2009, is reenacted to read
3186	3186	as follows:
3187	3187	Sec. 2308.455. CONTENTS OF NOTICE. The notice under
3188	3188	Section 2308.454 must include:
3189	3189	(1) a statement of:
3190	3190	(A) the person's right to submit a request within
3191	3191	14 days for a court hearing to determine whether probable cause
3192	3192	existed to remove, or install a boot on, the vehicle;
3193	3193	(B) the information that a request for a hearing
3194	3194	must contain; and
3195	3195	(C) any filing fee for the hearing;
3196	3196	(2) the name, address, and telephone number of the
3197	3197	towing company that removed the vehicle or the booting company that
3198	3198	booted the vehicle;
3199	3199	(3) the name, address, and telephone number of the
3200	3200	vehicle storage facility in which the vehicle was placed;
3201	3201	(4) the name, street address including city, state,
3202	3202	and zip code, and telephone number of the person, parking facility
3203	3203	owner, or law enforcement agency that authorized the removal of the
3204	3204	vehicle; and
3205	3205	(5) the name, address, and telephone number of the
3206	3206	justice court having jurisdiction in the precinct in which the
3207	3207	parking facility is located.
3208	3208	SECTION 18.008. Section 2308.456(a), Occupations Code, as
3209	3209	amended by Chapters 845 (S.B. 2153) and 1310 (H.B. 2571), Acts of
3210	3210	the 81st Legislature, Regular Session, 2009, is reenacted to read
3211	3211	as follows:
3212	3212	(a) Except as provided by Subsections (c) and (c-1), a
3213	3213	person entitled to a hearing under this chapter must deliver a
3214	3214	written request for the hearing to the court before the 14th day
3215	3215	after the date the vehicle was removed and placed in the vehicle
3216	3216	storage facility or booted, excluding Saturdays, Sundays, and legal
3217	3217	holidays.
3218	3218	ARTICLE 19. CHANGES RELATING TO PARKS AND WILDLIFE CODE
3219	3219	SECTION 19.001. Section 12.302, Parks and Wildlife Code, is
3220	3220	amended to correct a reference to read as follows:
3221	3221	Sec. 12.302. VALUE OF FISH, SHELLFISH, REPTILE, AMPHIBIAN,
3222	3222	BIRD, OR ANIMAL. For purposes of this subchapter and for
3223	3223	determining damages under Section 7.109 [Subsection (b), Section
3224	3224	26.124], Water Code, the commission shall adopt rules to establish
3225	3225	guidelines for determining the value of injured or destroyed fish,
3226	3226	shellfish, reptiles, amphibians, birds, and animals.
3227	3227	SECTION 19.002. Sections 62.013(b) and (c), Parks and
3228	3228	Wildlife Code, as amended by Chapters 989 (H.B. 1959) and 1156 (H.B.
3229	3229	3144), Acts of the 79th Legislature, Regular Session, 2005, are
3230	3230	reenacted to read as follows:
3231	3231	(b) A person who violates Section 62.003, 62.004, 62.005,
3232	3232	62.0065, 62.011(c), or 350.001 or a rule adopted under Section
3233	3233	62.0065 commits an offense that is a Class A Parks and Wildlife Code
3234	3234	misdemeanor, unless it is shown at the trial of the defendant for a
3235	3235	violation of that section or rule, as appropriate, that the
3236	3236	defendant has been convicted one or more times before the trial date
3237	3237	of a violation of that section or rule, as appropriate, in which
3238	3238	case the offense is a Parks and Wildlife Code state jail felony.
3239	3239	(c) In addition to the punishments provided in Subsections
3240	3240	(a) and (b), a person who violates Section 62.003, 62.004, 62.005,
3241	3241	62.0065, 62.011(c), or 350.001 or a rule adopted under Section
3242	3242	62.0065 is punishable by the revocation or suspension under Section
3243	3243	12.5015 of hunting and fishing licenses and permits.
3244	3244	ARTICLE 20. CHANGES RELATING TO PENAL CODE
3245	3245	SECTION 20.001. Section 30.05(h), Penal Code, is amended to
3246	3246	correct references to read as follows:
3247	3247	(h) At the punishment stage of a trial in which the attorney
3248	3248	representing the state seeks the increase in punishment provided by
3249	3249	Subsection (d)(3)(A)(iii) [(d)(1)(C)], the defendant may raise the
3250	3250	issue as to whether the defendant entered or remained on or in a
3251	3251	critical infrastructure facility as part of a peaceful or lawful
3252	3252	assembly, including an attempt to exercise rights guaranteed by
3253	3253	state or federal labor laws. If the defendant proves the issue in
3254	3254	the affirmative by a preponderance of the evidence, the increase in
3255	3255	punishment provided by Subsection (d)(3)(A)(iii) [(d)(1)(C)] does
3256	3256	not apply.
3257	3257	SECTION 20.002. Section 46.11(c)(1), Penal Code, is amended
3258	3258	to read as follows:
3259	3259	(1) "Premises" has the meaning ["Institution of higher
3260	3260	education" and "premises" have the meanings] assigned by Section
3261	3261	481.134, Health and Safety Code.
3262	3262	SECTION 20.003. Section 71.02(a), Penal Code, as amended by
3263	3263	Chapters 153 (S.B. 2225), 1130 (H.B. 2086), and 1357 (S.B. 554),
3264	3264	Acts of the 81st Legislature, Regular Session, 2009, is reenacted
3265	3265	and amended to read as follows:
3266	3266	(a) A person commits an offense if, with the intent to
3267	3267	establish, maintain, or participate in a combination or in the
3268	3268	profits of a combination or as a member of a criminal street gang,
3269	3269	the person commits or conspires to commit one or more of the
3270	3270	following:
3271	3271	(1) murder, capital murder, arson, aggravated
3272	3272	robbery, robbery, burglary, theft, aggravated kidnapping,
3273	3273	kidnapping, aggravated assault, aggravated sexual assault, sexual
3274	3274	assault, forgery, deadly conduct, assault punishable as a Class A
3275	3275	misdemeanor, burglary of a motor vehicle, or unauthorized use of a
3276	3276	motor vehicle;
3277	3277	(2) any gambling offense punishable as a Class A
3278	3278	misdemeanor;
3279	3279	(3) promotion of prostitution, aggravated promotion
3280	3280	of prostitution, or compelling prostitution;
3281	3281	(4) unlawful manufacture, transportation, repair, or
3282	3282	sale of firearms or prohibited weapons;
3283	3283	(5) unlawful manufacture, delivery, dispensation, or
3284	3284	distribution of a controlled substance or dangerous drug, or
3285	3285	unlawful possession of a controlled substance or dangerous drug
3286	3286	through forgery, fraud, misrepresentation, or deception;
3287	3287	(6) any unlawful wholesale promotion or possession of
3288	3288	any obscene material or obscene device with the intent to wholesale
3289	3289	promote the same;
3290	3290	(7) any offense under Subchapter B, Chapter 43,
3291	3291	depicting or involving conduct by or directed toward a child
3292	3292	younger than 18 years of age;
3293	3293	(8) any felony offense under Chapter 32;
3294	3294	(9) any offense under Chapter 36;
3295	3295	(10) any offense under Chapter 34 or 35;
3296	3296	(11) any offense under Section 37.11(a);
3297	3297	(12) any offense under Chapter 20A;
3298	3298	(13) any offense under Section 37.10; [or]
3299	3299	(14) any offense under Section 38.06, 38.07, 38.09, or
3300	3300	38.11;
3301	3301	(15) [(14)] any offense under Section 42.10; or
3302	3302	(16) [(14)] any offense under Section 46.06(a)(1) or
3303	3303	46.14.
3304	3304	ARTICLE 21. CHANGES RELATING TO PROPERTY CODE
3305	3305	SECTION 21.001. Sections 92.009(a) and (j), Property Code,
3306	3306	are amended to conform to the amendments made by Section 1, Chapter
3307	3307	869 (S.B. 1334), Acts of the 74th Legislature, Regular Session,
3308	3308	1995, to read as follows:
3309	3309	(a) If a landlord has locked a tenant out of leased premises
3310	3310	in violation of Section 92.0081 [92.008], the tenant may recover
3311	3311	possession of the premises as provided by this section.
3312	3312	(j) This section does not affect a tenant's right to pursue
3313	3313	a separate cause of action under Section 92.0081 [92.008].
3314	3314	SECTION 21.002. Sections 116.005(d) and (e), Property Code,
3315	3315	are amended to conform to the amendments made by Section 25, Chapter
3316	3316	148 (H.B. 1190), Acts of the 79th Legislature, Regular Session,
3317	3317	2005, to read as follows:
3318	3318	(d) If Subsection (c)(4), (5) [(c)(5)], (6), or (7)[, or
3319	3319	(8)] applies to a trustee and there is more than one trustee, a
3320	3320	cotrustee to whom the provision does not apply may make the
3321	3321	adjustment unless the exercise of the power by the remaining
3322	3322	trustee or trustees is not permitted by the terms of the trust.
3323	3323	(e) A trustee may release the entire power conferred by
3324	3324	Subsection (a) or may release only the power to adjust from income
3325	3325	to principal or the power to adjust from principal to income if the
3326	3326	trustee is uncertain about whether possessing or exercising the
3327	3327	power will cause a result described in Subsections (c)(1)-(5)
3328	3328	[Subsection (c)(1)-(6)] or Subsection (c)(7) [(c)(8)] or if the
3329	3329	trustee determines that possessing or exercising the power will or
3330	3330	may deprive the trust of a tax benefit or impose a tax burden not
3331	3331	described in Subsection (c). The release may be permanent or for a
3332	3332	specified period, including a period measured by the life of an
3333	3333	individual.
3334	3334	SECTION 21.003. Section 123.005, Property Code, as amended
3335	3335	by Chapters 133 (S.B. 918) and 1351 (S.B. 408), Acts of the 81st
3336	3336	Legislature, Regular Session, 2009, is reenacted and amended to
3337	3337	read as follows:
3338	3338	Sec. 123.005. BREACH OF FIDUCIARY DUTY: VENUE. Venue in a
3339	3339	proceeding brought by the attorney general alleging breach of a
3340	3340	fiduciary duty by a charitable entity or a fiduciary or managerial
3341	3341	agent of a charitable trust shall be a court of competent
3342	3342	jurisdiction in Travis County or in the county where the defendant
3343	3343	resides or has its principal office. To the extent of a conflict
3344	3344	between this section [subsection] and any provision of the Texas
3345	3345	Probate Code providing for venue of a proceeding brought with
3346	3346	respect to a charitable trust created by a will that has been
3347	3347	admitted to probate, this section [subsection] controls.
3348	3348	ARTICLE 22. CHANGES RELATING TO SPECIAL DISTRICT LOCAL LAWS CODE
3349	3349	SECTION 22.001. Section 1016.053, Special District Local
3350	3350	Laws Code, is amended to more closely reflect the source law from
3351	3351	which that section was derived and to conform to Election Code
3352	3352	requirements to read as follows:
3353	3353	Sec. 1016.053. BALLOT PETITION. A person who wants to have
3354	3354	the person's name printed on the ballot as a candidate for director
3355	3355	must file with the board secretary a petition requesting that
3356	3356	action. The petition must be:
3357	3357	(1) signed by at least 10 registered taxpaying voters;
3358	3358	and
3359	3359	(2) filed by the deadline imposed by Section 144.005,
3360	3360	Election Code [at least 25 days before the date of the election].
3361	3361	SECTION 22.002. (a) Subchapter B, Chapter 1056, Special
3362	3362	District Local Laws Code, as effective April 1, 2011, is amended to
3363	3363	conform to Section 1, Chapter 1410 (H.B. 4730), Acts of the 81st
3364	3364	Legislature, Regular Session, 2009, by adding Section 1056.0515 to
3365	3365	read as follows:
3366	3366	Sec. 1056.0515. QUALIFICATIONS FOR OFFICE. (a) To be
3367	3367	qualified to serve as a manager, a person must be:
3368	3368	(1) a resident of the district; and
3369	3369	(2) a registered voter.
3370	3370	(b) A district employee may not serve as a manager.
3371	3371	(b) Section 1056.054, Special District Local Laws Code, as
3372	3372	effective April 1, 2011, is amended to conform to Section 1, Chapter
3373	3373	1410 (H.B. 4730), Acts of the 81st Legislature, Regular Session,
3374	3374	2009, to read as follows:
3375	3375	Sec. 1056.054. OFFICERS. (a) The board shall select from
3376	3376	among the managers a chair and a vice chair [presiding officer, who
3377	3377	shall preside over the board].
3378	3378	(b) The board shall appoint a secretary, who need not be a
3379	3379	manager [A presiding officer pro tem shall preside in the absence of
3380	3380	the presiding officer].
3381	3381	(c) Each officer of the board serves a one-year term [The
3382	3382	district administrator or any manager may be appointed secretary].
3383	3383	(d) The board shall fill a vacancy in a board office for the
3384	3384	remainder of the unexpired term.
3385	3385	(c) Section 1056.057, Special District Local Laws Code, as
3386	3386	effective April 1, 2011, is amended to conform to Section 1, Chapter
3387	3387	1410 (H.B. 4730), Acts of the 81st Legislature, Regular Session,
3388	3388	2009, to read as follows:
3389	3389	Sec. 1056.057. RECORDS OF PROCEEDINGS. [(a)] The board
3390	3390	shall require the secretary to keep suitable records of all
3391	3391	proceedings of each board meeting in accordance with Subchapter B,
3392	3392	Chapter 551, Government Code.
3393	3393	[(b) After each meeting:
3394	3394	[(1) the manager presiding at the meeting shall read
3395	3395	and sign the record; and
3396	3396	[(2) the secretary shall attest the record.]
3397	3397	(d) Section 1056.058, Special District Local Laws Code, as
3398	3398	effective April 1, 2011, is amended to conform to Section 1, Chapter
3399	3399	1410 (H.B. 4730), Acts of the 81st Legislature, Regular Session,
3400	3400	2009, by adding Subsection (e) to read as follows:
3401	3401	(e) The board may pay for the bond with district money.
3402	3402	(e) Section 1056.064, Special District Local Laws Code, as
3403	3403	effective April 1, 2011, is repealed to conform to Section 1,
3404	3404	Chapter 1410 (H.B. 4730), Acts of the 81st Legislature, Regular
3405	3405	Session, 2009.
3406	3406	(f) Section 1, Chapter 1410 (H.B. 4730), Acts of the 81st
3407	3407	Legislature, Regular Session, 2009, is repealed.
3408	3408	SECTION 22.003. (a) Subchapter B, Chapter 1056, Special
3409	3409	District Local Laws Code, as effective April 1, 2011, is amended to
3410	3410	conform to Section 2, Chapter 1410 (H.B. 4730), Acts of the 81st
3411	3411	Legislature, Regular Session, 2009, by adding Section 1056.0625 to
3412	3412	read as follows:
3413	3413	Sec. 1056.0625. EMPLOYMENT OF PHYSICIANS AND OTHER HEALTH
3414	3414	CARE PROVIDERS. (a) The board may employ physicians or other
3415	3415	health care providers as the board considers necessary for the
3416	3416	efficient operation of the district.
3417	3417	(b) The board shall adopt and maintain policies to ensure
3418	3418	that a physician employed under this section exercises independent
3419	3419	medical judgment when providing care to patients at the hospital
3420	3420	operated by the district. The policies adopted under this
3421	3421	subsection must include policies relating to:
3422	3422	(1) credentialing;
3423	3423	(2) quality assurance;
3424	3424	(3) utilization review;
3425	3425	(4) peer review;
3426	3426	(5) medical decision-making; and
3427	3427	(6) due process.
3428	3428	(c) A physician employed by the district under this section
3429	3429	is subject to the same standards and procedures regarding
3430	3430	credentialing, peer review, quality of care, and privileges as a
3431	3431	physician not employed by the district.
3432	3432	(d) The district shall give equal consideration regarding
3433	3433	the issuance of credentials and privileges to physicians employed
3434	3434	by the hospital and physicians not employed by the district.
3435	3435	(e) A physician employed by the district shall retain
3436	3436	independent medical judgment in providing care to patients at the
3437	3437	hospital operated by the district and may not be penalized for
3438	3438	reasonably advocating for patient care.
3439	3439	(f) This section may not be construed as altering, voiding,
3440	3440	or prohibiting any relationship between a hospital and a physician,
3441	3441	including a contract or arrangement with an approved nonprofit
3442	3442	health corporation that is certified under Section 162.001(b),
3443	3443	Occupations Code, and that holds a certificate of authority issued
3444	3444	under Chapter 844, Insurance Code.
3445	3445	(g) A contract to employ a physician under this section may
3446	3446	not include a covenant not to compete on termination of the
3447	3447	contract.
3448	3448	(h) This section may not be construed to authorize the board
3449	3449	to supervise or control the practice of medicine, as prohibited by
3450	3450	Subtitle B, Title 3, Occupations Code.
3451	3451	(b) Section 2, Chapter 1410 (H.B. 4730), Acts of the 81st
3452	3452	Legislature, Regular Session, 2009, is repealed.
3453	3453	SECTION 22.004. (a) Section 1056.201, Special District
3454	3454	Local Laws Code, as effective April 1, 2011, is amended to conform
3455	3455	to Section 3, Chapter 1410 (H.B. 4730), Acts of the 81st
3456	3456	Legislature, Regular Session, 2009, to read as follows:
3457	3457	Sec. 1056.201. GENERAL OBLIGATION BONDS. The board may
3458	3458	issue and sell general obligation bonds [as district obligations]
3459	3459	for any purpose relating to:
3460	3460	(1) the purchase, construction, acquisition, repair,
3461	3461	or renovation of buildings or improvements; and
3462	3462	(2) equipping buildings and improvements for hospital
3463	3463	purposes.
3464	3464	(b) The heading to Section 1056.202, Special District Local
3465	3465	Laws Code, as effective April 1, 2011, is amended to conform to
3466	3466	Section 3, Chapter 1410 (H.B. 4730), Acts of the 81st Legislature,
3467	3467	Regular Session, 2009, to read as follows:
3468	3468	Sec. 1056.202. TAX TO PAY GENERAL OBLIGATION BONDS.
3469	3469	(c) Section 1056.203, Special District Local Laws Code, as
3470	3470	effective April 1, 2011, is amended to conform to Section 3, Chapter
3471	3471	1410 (H.B. 4730), Acts of the 81st Legislature, Regular Session,
3472	3472	2009, to read as follows:
3473	3473	Sec. 1056.203. GENERAL OBLIGATION BOND ELECTION. (a) The
3474	3474	district may issue general obligation bonds only if the bonds are
3475	3475	authorized by a majority of the district voters voting at an
3476	3476	election held for that purpose [in accordance with the provisions
3477	3477	of Chapter 1251, Government Code, relating to county bonds].
3478	3478	(b) The board, in ordering the election, shall provide for
3479	3479	clerks as in county elections and shall specify:
3480	3480	(1) the date of the election;
3481	3481	(2) the location of the polling places;
3482	3482	(3) the presiding and alternate election judges for
3483	3483	each polling place;
3484	3484	(4) the amount of the bonds to be authorized; and
3485	3485	(5) the maximum maturity of the bonds.
3486	3486	(c) The board shall give notice of the bond election in the
3487	3487	manner provided by Section 1251.003, Government Code.
3488	3488	(d) Chapter 41, Election Code, does not apply to an election
3489	3489	held under this section.
3490	3490	(e) The board shall declare the results of [call] the
3491	3491	election.
3492	3492	(d) Subchapter E, Chapter 1056, Special District Local Laws
3493	3493	Code, as effective April 1, 2011, is amended to conform to Section
3494	3494	3, Chapter 1410 (H.B. 4730), Acts of the 81st Legislature, Regular
3495	3495	Session, 2009, by adding Section 1056.2035 to read as follows:
3496	3496	Sec. 1056.2035. REVENUE BONDS. (a) The board may issue
3497	3497	revenue bonds to:
3498	3498	(1) purchase, construct, acquire, repair, renovate,
3499	3499	or equip buildings or improvements for hospital purposes; or
3500	3500	(2) acquire sites to be used for hospital purposes.
3501	3501	(b) The bonds must be payable from and secured by a pledge of
3502	3502	all or part of the revenue derived from the operation of the
3503	3503	district's hospitals.
3504	3504	(c) The bonds may be additionally secured by a mortgage or
3505	3505	deed of trust lien on all or part of district property.
3506	3506	(d) The bonds must be issued in the manner and in accordance
3507	3507	with the procedures and requirements prescribed by Sections
3508	3508	264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, Health
3509	3509	and Safety Code, for issuance of revenue bonds by county hospital
3510	3510	authorities.
3511	3511	(e) Section 3, Chapter 1410 (H.B. 4730), Acts of the 81st
3512	3512	Legislature, Regular Session, 2009, is repealed.
3513	3513	SECTION 22.005. (a) Subchapter E, Chapter 1056, Special
3514	3514	District Local Laws Code, as effective April 1, 2011, is amended to
3515	3515	conform to Section 4, Chapter 1410 (H.B. 4730), Acts of the 81st
3516	3516	Legislature, Regular Session, 2009, by adding Sections 1056.206 and
3517	3517	1056.207 to read as follows:
3518	3518	Sec. 1056.206. ADDITIONAL MEANS OF SECURING REPAYMENT OF
3519	3519	BONDS. In addition to the authority to issue general obligation
3520	3520	bonds and revenue bonds under this subchapter, the board may
3521	3521	provide for the security and payment of district bonds from a pledge
3522	3522	of a combination of ad valorem taxes as authorized by Section
3523	3523	1056.202 and revenue and other sources authorized by Section
3524	3524	1056.2035.
3525	3525	Sec. 1056.207. USE OF BOND PROCEEDS. The district may use
3526	3526	the proceeds of bonds issued under this subchapter to pay:
3527	3527	(1) any expense the board determines is reasonable and
3528	3528	necessary to issue, sell, and deliver the bonds;
3529	3529	(2) interest payments on the bonds during a period of
3530	3530	acquisition or construction of a project or facility to be provided
3531	3531	through the bonds, not to exceed five years;
3532	3532	(3) costs related to the operation and maintenance of
3533	3533	a project or facility to be provided through the bonds:
3534	3534	(A) during an estimated period of acquisition or
3535	3535	construction, not to exceed five years; and
3536	3536	(B) for one year after the project or facility is
3537	3537	acquired or constructed;
3538	3538	(4) costs related to the financing of the bond funds,
3539	3539	including debt service reserve and contingency funds;
3540	3540	(5) costs related to the bond issuance;
3541	3541	(6) costs related to the acquisition of land or
3542	3542	interests in land for a project or facility to be provided through
3543	3543	the bonds; and
3544	3544	(7) costs of construction of a project or facility to
3545	3545	be provided through the bonds, including the payment of related
3546	3546	professional services and expenses.
3547	3547	(b) Section 4, Chapter 1410 (H.B. 4730), Acts of the 81st
3548	3548	Legislature, Regular Session, 2009, is repealed.
3549	3549	SECTION 22.006. (a) Chapter 1056, Special District Local
3550	3550	Laws Code, as effective April 1, 2011, is amended to conform to
3551	3551	Section 5, Chapter 1410 (H.B. 4730), Acts of the 81st Legislature,
3552	3552	Regular Session, 2009, by adding Subchapter G to read as follows:
3553	3553	SUBCHAPTER G. DISSOLUTION
3554	3554	Sec. 1056.301. DISSOLUTION; ELECTION. (a) The district
3555	3555	may be dissolved only on approval of a majority of the voters of the
3556	3556	district voting in an election held for that purpose.
3557	3557	(b) The board may order an election on the question of
3558	3558	dissolving the district and disposing of the district's assets and
3559	3559	obligations.
3560	3560	(c) The board shall order an election if the board receives
3561	3561	a petition requesting an election that is signed by at least 15
3562	3562	percent of the registered district voters.
3563	3563	(d) The order calling the election must state:
3564	3564	(1) the nature of the election, including the
3565	3565	proposition to appear on the ballot;
3566	3566	(2) the date of the election;
3567	3567	(3) the hours during which the polls will be open; and
3568	3568	(4) the location of the polling places.
3569	3569	(e) Section 41.001(a), Election Code, does not apply to an
3570	3570	election ordered under this section.
3571	3571	Sec. 1056.302. NOTICE OF ELECTION. (a) The board shall
3572	3572	give notice of an election under this subchapter by publishing once
3573	3573	a week for two consecutive weeks a substantial copy of the election
3574	3574	order in a newspaper with general circulation in the district.
3575	3575	(b) The first publication of the notice must appear not
3576	3576	later than the 35th day before the date of the election.
3577	3577	Sec. 1056.303. BALLOT. The ballot for an election under
3578	3578	this subchapter must be printed to permit voting for or against the
3579	3579	proposition: "The dissolution of the Martin County Hospital
3580	3580	District."
3581	3581	Sec. 1056.304. ELECTION RESULTS. (a) If a majority of the
3582	3582	votes in an election under this subchapter favor dissolution, the
3583	3583	board shall find that the district is dissolved.
3584	3584	(b) If a majority of the votes in the election do not favor
3585	3585	dissolution, the board shall continue to administer the district
3586	3586	and another election on the question of dissolution may not be held
3587	3587	before the first anniversary of the date of the most recent election
3588	3588	on the question of dissolution.
3589	3589	Sec. 1056.305. TRANSFER OR ADMINISTRATION OF ASSETS.
3590	3590	(a) If a majority of the votes in the election held under this
3591	3591	subchapter favor dissolution, the board shall:
3592	3592	(1) transfer the land, buildings, improvements,
3593	3593	equipment, and other assets that belong to the district to Martin
3594	3594	County or another governmental entity in Martin County; or
3595	3595	(2) administer the property, assets, and debts until
3596	3596	all money has been disposed of and all district debts have been paid
3597	3597	or settled.
3598	3598	(b) If the district makes the transfer under Subsection
3599	3599	(a)(1), the county or entity assumes all debts and obligations of
3600	3600	the district at the time of the transfer, and the district is
3601	3601	dissolved.
3602	3602	(c) If Subsection (a)(1) does not apply and the board
3603	3603	administers the property, assets, and debts of the district under
3604	3604	Subsection (a)(2), the district is dissolved when all money has
3605	3605	been disposed of and all district debts have been paid or settled.
3606	3606	Sec. 1056.306. IMPOSITION OF TAX AND RETURN OF SURPLUS
3607	3607	TAXES. (a) After the board finds that the district is dissolved,
3608	3608	the board shall:
3609	3609	(1) determine the debt owed by the district; and
3610	3610	(2) impose on the property included in the district's
3611	3611	tax rolls a tax that is in proportion of the debt to the property
3612	3612	value.
3613	3613	(b) On the payment of all outstanding debts and obligations
3614	3614	of the district, the board shall order the secretary to return to
3615	3615	each district taxpayer the taxpayer's pro rata share of all unused
3616	3616	tax money.
3617	3617	(c) A taxpayer may request that the taxpayer's share of
3618	3618	surplus tax money be credited to the taxpayer's county taxes. If a
3619	3619	taxpayer requests the credit, the board shall direct the secretary
3620	3620	to transmit the money to the county tax assessor-collector.
3621	3621	Sec. 1056.307. REPORT; DISSOLUTION ORDER. (a) After the
3622	3622	district has paid all its debts and has disposed of all its money
3623	3623	and other assets as prescribed by this subchapter, the board shall
3624	3624	file a written report with the Commissioners Court of Martin County
3625	3625	summarizing the board's actions in dissolving the district.
3626	3626	(b) Not later than the 10th day after the date the
3627	3627	Commissioners Court of Martin County receives the report and
3628	3628	determines that the requirements of this subchapter have been
3629	3629	fulfilled, the commissioners court shall enter an order dissolving
3630	3630	the district and releasing the board from any further duty or
3631	3631	obligation.
3632	3632	(b) Section 5, Chapter 1410 (H.B. 4730), Acts of the 81st
3633	3633	Legislature, Regular Session, 2009, is repealed.
3634	3634	SECTION 22.007. (a) Subchapter C, Chapter 1063, Special
3635	3635	District Local Laws Code, as effective April 1, 2011, is amended to
3636	3636	conform to Section 1, Chapter 1402 (H.B. 1517), Acts of the 81st
3637	3637	Legislature, Regular Session, 2009, by adding Section 1063.1175 to
3638	3638	read as follows:
3639	3639	Sec. 1063.1175. ADDITIONAL POWERS RELATED TO INDIGENT
3640	3640	HEALTH CARE. In addition to the powers otherwise provided by this
3641	3641	chapter, the district may exercise any power granted to a county or
3642	3642	a public hospital by Sections 61.035, 61.057, 61.058, and 61.059,
3643	3643	Health and Safety Code, as those sections existed on September 30,
3644	3644	2009, including the power to require a person to comply with a
3645	3645	corresponding duty.
3646	3646	(b) Section 1, Chapter 1402 (H.B. 1517), Acts of the 81st
3647	3647	Legislature, Regular Session, 2009, is repealed.
3648	3648	SECTION 22.008. (a) Subchapter E, Chapter 1067, Special
3649	3649	District Local Laws Code, as effective April 1, 2011, is amended to
3650	3650	conform to Section 1, Chapter 641 (H.B. 1686), Acts of the 81st
3651	3651	Legislature, Regular Session, 2009, by adding Sections 1067.209 and
3652	3652	1067.210 to read as follows:
3653	3653	Sec. 1067.209. ADDITIONAL MEANS OF SECURING REPAYMENT OF
3654	3654	BONDS. In addition to the authority to issue general obligation
3655	3655	bonds and revenue bonds under this subchapter, the board may
3656	3656	provide for the security and payment of district bonds from a pledge
3657	3657	of a combination of ad valorem taxes as authorized by Section
3658	3658	1067.202 and revenue and other sources authorized by Section
3659	3659	1067.206.
3660	3660	Sec. 1067.210. USE OF BOND PROCEEDS. The district may use
3661	3661	the proceeds of bonds issued under this subchapter to pay:
3662	3662	(1) any expense the board determines is reasonable and
3663	3663	necessary to issue, sell, and deliver the bonds;
3664	3664	(2) interest payments on the bonds during a period of
3665	3665	acquisition or construction of a project or facility to be provided
3666	3666	through the bonds, not to exceed five years;
3667	3667	(3) costs related to the operation and maintenance of
3668	3668	a project or facility to be provided through the bonds:
3669	3669	(A) during an estimated period of acquisition or
3670	3670	construction, not to exceed five years; and
3671	3671	(B) for one year after the project or facility is
3672	3672	acquired or constructed;
3673	3673	(4) costs related to the financing of the bond funds,
3674	3674	including debt service reserve and contingency funds;
3675	3675	(5) costs related to the bond issuance;
3676	3676	(6) costs related to the acquisition of land or
3677	3677	interests in land for a project or facility to be provided through
3678	3678	the bonds; and
3679	3679	(7) costs of construction of a project or facility to
3680	3680	be provided through the bonds, including the payment of related
3681	3681	professional services and expenses.
3682	3682	(b) Section 1, Chapter 641 (H.B. 1686), Acts of the 81st
3683	3683	Legislature, Regular Session, 2009, is repealed.
3684	3684	SECTION 22.009. (a) Section 1067.157(a), Special District
3685	3685	Local Laws Code, as effective April 1, 2011, is amended to conform
3686	3686	to Section 2, Chapter 641 (H.B. 1686), Acts of the 81st Legislature,
3687	3687	Regular Session, 2009, to read as follows:
3688	3688	(a) The board may borrow money at a rate not to exceed the
3689	3689	maximum annual percentage rate allowed by law for district
3690	3690	obligations at the time the loan is made [if the board declares
3691	3691	that:
3692	3692	[(1) money is not available to meet authorized
3693	3693	obligations of the district; and
3694	3694	[(2) an emergency exists].
3695	3695	(b) Section 2, Chapter 641 (H.B. 1686), Acts of the 81st
3696	3696	Legislature, Regular Session, 2009, is repealed.
3697	3697	SECTION 22.010. Section 1067.157(d), Special District
3698	3698	Local Laws Code, as effective April 1, 2011, is repealed to conform
3699	3699	to Section 3, Chapter 641 (H.B. 1686), Acts of the 81st Legislature,
3700	3700	Regular Session, 2009.
3701	3701	SECTION 22.011. (a) Chapter 1073, Special District Local
3702	3702	Laws Code, as effective April 1, 2011, is amended to conform to
3703	3703	Article 2, Chapter 876 (S.B. 2517), Acts of the 81st Legislature,
3704	3704	Regular Session, 2009, by adding Subchapter H to read as follows:
3705	3705	SUBCHAPTER H. DISSOLUTION OF NORTH RUNNELS COUNTY HOSPITAL
3706	3706	DISTRICT ON CREATION OF RUNNELS COUNTY HOSPITAL DISTRICT
3707	3707	Sec. 1073.351. DISSOLUTION; ELECTION. (a) The board may
3708	3708	order an election on the question of the dissolution of the
3709	3709	district, creation of the Runnels County Hospital District,
3710	3710	transfer of the district's assets and obligations to the Runnels
3711	3711	County Hospital District, and assumption of the district's
3712	3712	outstanding debts by the Runnels County Hospital District.
3713	3713	(b) The board shall order the election if:
3714	3714	(1) the board receives a petition requesting an
3715	3715	election that is signed by at least 50 of the district's registered
3716	3716	voters; or
3717	3717	(2) the board receives notice that the board of
3718	3718	directors of the Ballinger Memorial Hospital District intends to
3719	3719	order an election to dissolve the Ballinger Memorial Hospital
3720	3720	District and create the Runnels County Hospital District under
3721	3721	Subchapter D-1, Chapter 1004.
3722	3722	(c) If the board intends to hold an election under this
3723	3723	subchapter, the board shall notify the board of directors of the
3724	3724	Ballinger Memorial Hospital District and the Runnels County
3725	3725	Commissioners Court of that intention.
3726	3726	(d) The election held under this subchapter shall be held on
3727	3727	the same date as the election to dissolve the Ballinger Memorial
3728	3728	Hospital District and create the Runnels County Hospital District
3729	3729	under Subchapter D-1, Chapter 1004, and the election in the portion
3730	3730	of the county not included in a hospital district to create the
3731	3731	Runnels County Hospital District. The board shall coordinate with
3732	3732	the board of directors of the Ballinger Memorial Hospital District
3733	3733	and the Commissioners Court of Runnels County in setting the
3734	3734	election date under this section.
3735	3735	(e) The order calling the election must state:
3736	3736	(1) the nature of the election, including the
3737	3737	proposition that is to appear on the ballot;
3738	3738	(2) the date of the election;
3739	3739	(3) the hours during which the polls will be open; and
3740	3740	(4) the location of the polling places.
3741	3741	(f) Section 41.001, Election Code, does not apply to an
3742	3742	election ordered under this section.
3743	3743	Sec. 1073.352. NOTICE OF ELECTION. (a) The board shall
3744	3744	give notice of an election under this subchapter by publishing a
3745	3745	substantial copy of the election order in a newspaper with general
3746	3746	circulation in the district once a week for two consecutive weeks.
3747	3747	(b) The first publication must appear not later than the
3748	3748	35th day before the date set for the election.
3749	3749	Sec. 1073.353. BALLOT. The ballot for an election under
3750	3750	this subchapter must be printed to permit voting for or against the
3751	3751	proposition: "The dissolution of the North Runnels County Hospital
3752	3752	District and the creation of the Runnels County Hospital District,
3753	3753	providing for the imposition of an ad valorem tax at a rate not to
3754	3754	exceed ____ cents (insert any rate not to exceed 75 cents) on each
3755	3755	$100 valuation of taxable property in Runnels County, and providing
3756	3756	for the transfer to and assumption by the Runnels County Hospital
3757	3757	District of all outstanding bonds and other obligations issued for
3758	3758	hospital purposes by the North Runnels County Hospital District,
3759	3759	Runnels County, and any part of a municipality located in Runnels
3760	3760	County, and the transfer of the existing North Runnels County
3761	3761	Hospital District's assets to the Runnels County Hospital
3762	3762	District."
3763	3763	Sec. 1073.354. ELECTION RESULTS. (a) The board shall find
3764	3764	that the district is dissolved if:
3765	3765	(1) a majority of the votes in an election under this
3766	3766	section favor dissolution of the district and creation of the
3767	3767	Runnels County Hospital District;
3768	3768	(2) a majority of the votes in an election held on the
3769	3769	same date under Subchapter D-1, Chapter 1004, favor dissolution of
3770	3770	the Ballinger Memorial Hospital District and creation of the
3771	3771	Runnels County Hospital District; and
3772	3772	(3) a cumulative majority of the votes in all three
3773	3773	elections held on the question of creating the Runnels County
3774	3774	Hospital District favor creation of the district.
3775	3775	(b) If a majority of the votes in either election under
3776	3776	Subsection (a)(1) or (2) do not favor dissolution of the district
3777	3777	and creation of the Runnels County Hospital District, or if a
3778	3778	cumulative majority of the votes in all three elections held on the
3779	3779	question of creating the Runnels County Hospital District do not
3780	3780	favor creation of the district, the board shall continue to
3781	3781	administer the district, and another election on the question of
3782	3782	dissolution under this section may not be held before the first
3783	3783	anniversary of the date of the most recent election under this
3784	3784	section to dissolve the district.
3785	3785	Sec. 1073.355. TRANSFER OR ADMINISTRATION OF ASSETS.
3786	3786	(a) If a majority of the votes in both elections under
3787	3787	Sections 1073.354(a)(1) and (2) favor dissolution of the district
3788	3788	and creation of the Runnels County Hospital District, and a
3789	3789	cumulative majority of the votes in all three elections held on the
3790	3790	question of creating the Runnels County Hospital District favor
3791	3791	creation of the district, the board shall transfer the land,
3792	3792	buildings, improvements, equipment, and other assets belonging to
3793	3793	the district to the Runnels County Hospital District.
3794	3794	(b) On the date the district makes the transfer under
3795	3795	Subsection (a), the Runnels County Hospital District assumes all
3796	3796	debts and obligations of the district at the time of the transfer.
3797	3797	The district is dissolved at the time of the transfer and the board
3798	3798	is released from any further duty or obligation.
3799	3799	Sec. 1073.356. REFERENCE IN OTHER LAW. On the dissolution
3800	3800	of the North Runnels County Hospital District and the approval of
3801	3801	the creation of the Runnels County Hospital District, a reference
3802	3802	in any law to the North Runnels County Hospital District means the
3803	3803	Runnels County Hospital District.
3804	3804	Sec. 1073.357. EXPIRATION. If the dissolution of the North
3805	3805	Runnels County Hospital District and creation of the Runnels County
3806	3806	Hospital District are not approved at an election held not later
3807	3807	than June 19, 2014, this subchapter expires.
3808	3808	(b) Article 2, Chapter 876 (S.B. 2517), Acts of the 81st
3809	3809	Legislature, Regular Session, 2009, is repealed.
3810	3810	SECTION 22.012. (a) Section 1083.051, Special District
3811	3811	Local Laws Code, as effective April 1, 2011, is amended to conform
3812	3812	to Section 1, Chapter 570 (S.B. 2093), Acts of the 81st Legislature,
3813	3813	Regular Session, 2009, to read as follows:
3814	3814	Sec. 1083.051. BOARD ELECTION; TERM. (a) The district is
3815	3815	governed by a board of five directors elected as follows:
3816	3816	(1) two directors are elected from each commissioners
3817	3817	precinct included in the district; and
3818	3818	(2) one director is elected from the district at large
3819	3819	[from single-member voting precincts].
3820	3820	(b) Unless four-year terms are established under Section
3821	3821	285.081, Health and Safety Code:
3822	3822	(1) directors serve staggered two-year terms; and
3823	3823	(2) a directors' election shall be held each year on
3824	3824	the May uniform election date prescribed by Section 41.001,
3825	3825	Election Code, to elect the appropriate number of directors [on the
3826	3826	date that the election of public school trustees is held].
3827	3827	(b) Section 1083.052, Special District Local Laws Code, as
3828	3828	effective April 1, 2011, is amended to conform to Section 1,
3829	3829	Chapter 570 (S.B. 2093), Acts of the 81st Legislature, Regular
3830	3830	Session, 2009, to read as follows:
3831	3831	Sec. 1083.052. NOTICE OF ELECTION. Notice [At least 10 days
3832	3832	before the date] of a directors' election[, notice of the election]
3833	3833	shall be published [one time] in a newspaper of general circulation
3834	3834	in Wheeler County in accordance with Section 4.003, Election Code.
3835	3835	(c) Section 1083.053, Special District Local Laws Code, as
3836	3836	effective April 1, 2011, is amended to conform to Section 1,
3837	3837	Chapter 570 (S.B. 2093), Acts of the 81st Legislature, Regular
3838	3838	Session, 2009, to read as follows:
3839	3839	Sec. 1083.053. BALLOT APPLICATION [PETITION]. A person
3840	3840	seeking to have the person's name printed on the ballot as a
3841	3841	candidate for director must file an application in accordance with
3842	3842	Chapter 144, Election Code, with the board secretary [a petition
3843	3843	requesting that action]. [The petition must be:
3844	3844	[(1) signed by not fewer than five registered voters
3845	3845	who reside in the voting precinct the candidate seeks to represent;
3846	3846	and
3847	3847	[(2) filed at least 25 days before the date of the
3848	3848	election.]
3849	3849	(d) Section 1083.054, Special District Local Laws Code, as
3850	3850	effective April 1, 2011, is amended to conform to Section 1,
3851	3851	Chapter 570 (S.B. 2093), Acts of the 81st Legislature, Regular
3852	3852	Session, 2009, to read as follows:
3853	3853	Sec. 1083.054. QUALIFICATIONS FOR OFFICE. (a) A person may
3854	3854	not be elected or appointed as a director unless the person is:
3855	3855	(1) [is] a resident of the district [voting precinct
3856	3856	the person is elected or appointed to represent];
3857	3857	(2) a registered voter [owns property in the district
3858	3858	subject to taxation]; and
3859	3859	(3) [is] more than 18 years of age at the time of
3860	3860	election or appointment.
3861	3861	(b) A person who is elected from a commissioners precinct or
3862	3862	who is appointed to fill a vacancy for a commissioners precinct must
3863	3863	be a resident of that precinct.
3864	3864	(c) A district employee may not serve as a director.
3865	3865	(e) Section 1, Chapter 570 (S.B. 2093), Acts of the 81st
3866	3866	Legislature, Regular Session, 2009, is repealed.
3867	3867	SECTION 22.013. (a) Section 1083.152, Special District
3868	3868	Local Laws Code, as effective April 1, 2011, is amended to conform
3869	3869	to Section 2, Chapter 570 (S.B. 2093), Acts of the 81st Legislature,
3870	3870	Regular Session, 2009, to read as follows:
3871	3871	Sec. 1083.152. FISCAL YEAR. (a) The district operates on
3872	3872	a fiscal year established by the board [that begins on October 1 and
3873	3873	ends on September 30].
3874	3874	(b) The fiscal year may not be changed:
3875	3875	(1) if revenue bonds are outstanding; or
3876	3876	(2) more than once in a 24-month period.
3877	3877	(b) Section 2, Chapter 570, (S.B. 2093) Acts of the 81st
3878	3878	Legislature, Regular Session, 2009, is repealed.
3879	3879	SECTION 22.014. (a) Subchapter E, Chapter 1083, Special
3880	3880	District Local Laws Code, as effective April 1, 2011, is amended to
3881	3881	conform to Section 3, Chapter 570 (S.B. 2093), Acts of the 81st
3882	3882	Legislature, Regular Session, 2009, by adding Section 1083.2045 to
3883	3883	read as follows:
3884	3884	Sec. 1083.2045. REVENUE BONDS. (a) The board may issue
3885	3885	revenue bonds to:
3886	3886	(1) purchase, construct, acquire, repair, renovate,
3887	3887	or equip buildings or improvements for hospital system purposes; or
3888	3888	(2) acquire sites to be used for hospital system
3889	3889	purposes.
3890	3890	(b) The bonds must be payable from and secured by a pledge of
3891	3891	all or part of the revenue derived from the operation of the
3892	3892	district's hospitals.
3893	3893	(c) The bonds may be additionally secured by a mortgage or
3894	3894	deed of trust lien on all or part of the district property.
3895	3895	(d) The bonds must be issued in the manner and in accordance
3896	3896	with the procedures and requirements prescribed by Sections
3897	3897	264.042, 264.043, and 264.046-264.049, Health and Safety Code, for
3898	3898	issuance of revenue bonds by a county hospital authority.
3899	3899	(b) Subchapter E, Chapter 1083, Special District Local Laws
3900	3900	Code, as effective April 1, 2011, is amended to conform to Section
3901	3901	3, Chapter 570 (S.B. 2093), Acts of the 81st Legislature, Regular
3902	3902	Session, 2009, by adding Sections 1083.207 and 1083.208 to read as
3903	3903	follows:
3904	3904	Sec. 1083.207. ADDITIONAL MEANS OF SECURING REPAYMENT OF
3905	3905	BONDS. (a) In addition to the authority to issue general
3906	3906	obligation bonds and revenue bonds under this subchapter, the board
3907	3907	may provide for the security and payment of district bonds from a
3908	3908	pledge of a combination of ad valorem taxes as authorized by Section
3909	3909	1083.202 and revenue and other sources as authorized by Section
3910	3910	1083.2045.
3911	3911	(b) Bonds, other than refunding bonds, that the board
3912	3912	proposes to secure wholly or partly by an ad valorem tax must be
3913	3913	approved at an election held in the district in accordance with
3914	3914	Section 1083.203.
3915	3915	Sec. 1083.208. USE OF BOND PROCEEDS. The district may use
3916	3916	the proceeds of bonds issued under this subchapter to pay:
3917	3917	(1) any expense the board determines is reasonable and
3918	3918	necessary to issue, sell, and deliver the bonds;
3919	3919	(2) interest payments on the bonds during a period of
3920	3920	acquisition or construction of a project or facility to be provided
3921	3921	through the bonds, not to exceed five years;
3922	3922	(3) costs related to the operation and maintenance of
3923	3923	a project or facility to be provided through the bonds:
3924	3924	(A) during an estimated period of acquisition or
3925	3925	construction, not to exceed five years; and
3926	3926	(B) for one year after the project or facility is
3927	3927	acquired or constructed;
3928	3928	(4) costs related to the financing of the bond funds,
3929	3929	including debt service reserve and contingency funds;
3930	3930	(5) costs related to the bond issuance;
3931	3931	(6) costs related to the acquisition of land or
3932	3932	interests in land for a project or facility to be provided through
3933	3933	the bonds; and
3934	3934	(7) costs of construction of a project or facility to
3935	3935	be provided through the bonds, including the payment of related
3936	3936	professional services and expenses.
3937	3937	(c) Section 3, Chapter 570 (S.B. 2093), Acts of the 81st
3938	3938	Legislature, Regular Session, 2009, is repealed.
3939	3939	SECTION 22.015. (a) Chapter 1083, Special District Local
3940	3940	Laws Code, as effective April 1, 2011, is amended to conform to
3941	3941	Section 4, Chapter 570 (S.B. 2093), Acts of the 81st Legislature,
3942	3942	Regular Session, 2009, by adding Subchapter G to read as follows:
3943	3943	SUBCHAPTER G. DISSOLUTION
3944	3944	Sec. 1083.301. DISSOLUTION; ELECTION. (a) The district
3945	3945	may be dissolved only if the dissolution is approved by a majority
3946	3946	of the registered voters of the district voting in an election held
3947	3947	for that purpose.
3948	3948	(b) The board may order an election on the question of
3949	3949	dissolving the district and disposing of the district's assets and
3950	3950	obligations.
3951	3951	(c) The board shall order an election if the board receives
3952	3952	a petition requesting an election that is signed by a number of
3953	3953	registered voters of the district equal to at least 15 percent of
3954	3954	the registered voters in the district.
3955	3955	(d) Section 41.001, Election Code, does not apply to an
3956	3956	election ordered under this subchapter.
3957	3957	(e) The order calling an election under this subchapter must
3958	3958	state:
3959	3959	(1) the nature of the election, including the
3960	3960	proposition that is to appear on the ballot;
3961	3961	(2) the date of the election;
3962	3962	(3) the hours during which the polls will be open; and
3963	3963	(4) the location of the polling places.
3964	3964	Sec. 1083.302. NOTICE OF ELECTION. (a) The board shall
3965	3965	give notice of the election by publishing a substantial copy of the
3966	3966	election order in a newspaper with general circulation in the
3967	3967	district once a week for two consecutive weeks.
3968	3968	(b) The first publication must appear not later than the
3969	3969	35th day before the date set for the election.
3970	3970	Sec. 1083.303. BALLOT. The ballot for the election must be
3971	3971	printed to permit voting for or against the proposition: "The
3972	3972	dissolution of the North Wheeler County Hospital District."
3973	3973	Sec. 1083.304. ELECTION RESULTS. (a) If a majority of the
3974	3974	votes in the election favor dissolution, the board shall find that
3975	3975	the district is dissolved.
3976	3976	(b) If a majority of the votes in the election do not favor
3977	3977	dissolution, the board shall continue to administer the district,
3978	3978	and another election on the question of dissolution may not be held
3979	3979	before the first anniversary of the most recent election to
3980	3980	dissolve the district.
3981	3981	Sec. 1083.305. TRANSFER OR ADMINISTRATION OF ASSETS.
3982	3982	(a) If a majority of the votes in the election favor dissolution,
3983	3983	the board shall:
3984	3984	(1) transfer the land, buildings, improvements,
3985	3985	equipment, and other assets that belong to the district to Wheeler
3986	3986	County or another governmental entity in Wheeler County; or
3987	3987	(2) administer the property, assets, and debts until
3988	3988	all money has been disposed of and all district debts have been paid
3989	3989	or settled.
3990	3990	(b) If the district transfers the land, buildings,
3991	3991	improvements, equipment, and other assets to Wheeler County or
3992	3992	another governmental entity, the county or entity assumes all debts
3993	3993	and obligations of the district at the time of the transfer, and the
3994	3994	district is dissolved.
3995	3995	(c) If the district does not transfer the land, buildings,
3996	3996	improvements, equipment, and other assets to Wheeler County or
3997	3997	another governmental entity, the board shall administer the
3998	3998	property, assets, and debts of the district until all funds have
3999	3999	been disposed of and all district debts have been paid or settled,
4000	4000	at which time the district is dissolved.
4001	4001	Sec. 1083.306. IMPOSITION OF TAX AND RETURN OF SURPLUS
4002	4002	TAXES. (a) After the board finds that the district is dissolved,
4003	4003	the board shall:
4004	4004	(1) determine any debt owed by the district; and
4005	4005	(2) impose on the property included in the district's
4006	4006	tax rolls a tax that is in proportion of the debt to the property
4007	4007	value.
4008	4008	(b) When all outstanding debts and obligations of the
4009	4009	district are paid, the board shall order the secretary to return to
4010	4010	each district taxpayer the taxpayer's pro rata share of all unused
4011	4011	tax money.
4012	4012	(c) A taxpayer may request that the taxpayer's share of
4013	4013	surplus tax money be credited to the taxpayer's county taxes. If a
4014	4014	taxpayer requests the credit, the board shall direct the secretary
4015	4015	to transmit the money to the county tax assessor-collector.
4016	4016	Sec. 1083.307. REPORT; DISSOLUTION ORDER. (a) After the
4017	4017	district has paid all its debts and has disposed of all its assets
4018	4018	and money as prescribed by this subchapter, the board shall file a
4019	4019	written report with the Commissioners Court of Wheeler County
4020	4020	summarizing the board's actions in dissolving the district.
4021	4021	(b) Not later than the 10th day after the date it receives
4022	4022	the report and determines that the requirements of this section
4023	4023	have been fulfilled, the Commissioners Court of Wheeler County
4024	4024	shall enter an order dissolving the district and releasing the
4025	4025	board from any further duty or obligation.
4026	4026	(b) Section 4, Chapter 570 (S.B. 2093), Acts of the 81st
4027	4027	Legislature, Regular Session, 2009, is repealed.
4028	4028	SECTION 22.016. (a) Subchapter D, Chapter 1088, Special
4029	4029	District Local Laws Code, as effective April 1, 2011, is amended to
4030	4030	conform to Section 1, Chapter 921 (H.B. 2994), Acts of the 81st
4031	4031	Legislature, Regular Session, 2009, by adding Section 1088.161 to
4032	4032	read as follows:
4033	4033	Sec. 1088.161. AUTHORITY TO BORROW MONEY; SECURITY.
4034	4034	(a) The board may borrow money at a rate not to exceed the maximum
4035	4035	annual percentage rate allowed by law for district obligations at
4036	4036	the time the loan is made.
4037	4037	(b) To secure a loan, the board may pledge:
4038	4038	(1) district revenue that is not pledged to pay the
4039	4039	district's bonded indebtedness;
4040	4040	(2) a district tax to be imposed by the district during
4041	4041	the 12-month period following the date of the pledge that is not
4042	4042	pledged to pay the principal of or interest on district bonds; or
4043	4043	(3) a district bond that has been authorized but not
4044	4044	sold.
4045	4045	(c) A loan for which taxes or bonds are pledged must mature
4046	4046	not later than the first anniversary of the date the loan is made. A
4047	4047	loan for which district revenue is pledged must mature not later
4048	4048	than the fifth anniversary of the date the loan is made.
4049	4049	(b) Section 1, Chapter 921 (H.B. 2994), Acts of the 81st
4050	4050	Legislature, Regular Session, 2009, is repealed.
4051	4051	SECTION 22.017. (a) Subchapter E, Chapter 1088, Special
4052	4052	District Local Laws Code, as effective April 1, 2011, is amended to
4053	4053	conform to Section 2, Chapter 921 (H.B. 2994), Acts of the 81st
4054	4054	Legislature, Regular Session, 2009, by adding Sections 1088.208 and
4055	4055	1088.209 to read as follows:
4056	4056	Sec. 1088.208. ADDITIONAL MEANS OF SECURING REPAYMENT OF
4057	4057	BONDS. In addition to the authority to issue general obligation
4058	4058	bonds and revenue bonds under this subchapter, the board may
4059	4059	provide for the security and payment of district bonds from a pledge
4060	4060	of a combination of ad valorem taxes as authorized by Section
4061	4061	1088.202 and revenue and other sources as authorized by Section
4062	4062	1088.206.
4063	4063	Sec. 1088.209. USE OF BOND PROCEEDS. The district may use
4064	4064	the proceeds of bonds issued under this subchapter to pay:
4065	4065	(1) any expense the board determines is reasonable and
4066	4066	necessary to issue, sell, and deliver the bonds;
4067	4067	(2) interest payments on the bonds during a period of
4068	4068	acquisition or construction of a project or facility to be provided
4069	4069	through the bonds, not to exceed five years;
4070	4070	(3) costs related to the operation and maintenance of
4071	4071	a project or facility to be provided through the bonds:
4072	4072	(A) during an estimated period of acquisition or
4073	4073	construction, not to exceed five years; and
4074	4074	(B) for one year after the project or facility is
4075	4075	acquired or constructed;
4076	4076	(4) costs related to the financing of the bond funds,
4077	4077	including debt service reserve and contingency funds;
4078	4078	(5) costs related to the bond issuance;
4079	4079	(6) costs related to the acquisition of land or
4080	4080	interests in land for a project or facility to be provided through
4081	4081	the bonds; and
4082	4082	(7) costs of construction of a project or facility to
4083	4083	be provided through the bonds, including the payment of related
4084	4084	professional services and expenses.
4085	4085	(b) Section 2, Chapter 921 (H.B. 2994), Acts of the 81st
4086	4086	Legislature, Regular Session, 2009, is repealed.
4087	4087	SECTION 22.018. Section 3854.151, Special District Local
4088	4088	Laws Code, as effective April 1, 2011, is amended to correct a
4089	4089	reference to read as follows:
4090	4090	Sec. 3854.151. GENERAL POWERS. The district has:
4091	4091	(1) all the rights, powers, and privileges conferred
4092	4092	by the general law of this state applicable to districts created
4093	4093	under:
4094	4094	(A) Chapter 375, Local Government Code;
4095	4095	(B) Chapter 172, Transportation Code, or Chapter
4096	4096	623, Acts of the 67th Legislature, Regular Session, 1981 (former
4097	4097	Article 6550c, Vernon's Texas Civil Statutes);
4098	4098	(C) Chapter 441, Transportation Code; and
4099	4099	(D) Chapter 54, Water Code;
4100	4100	(2) the rights, powers, and privileges granted to
4101	4101	districts by:
4102	4102	(A) Subchapters E and M, Chapter 60, Water Code;
4103	4103	and
4104	4104	(B) Section 61.116, Water Code; and
4105	4105	(3) all the powers granted to municipal management
4106	4106	districts under Sections 375.092 and 375.111, Local Government
4107	4107	Code, to provide any services or for any project the district is
4108	4108	authorized to acquire, construct, or improve under this chapter.
4109	4109	SECTION 22.019. (a) Subchapter C, Chapter 8272, Special
4110	4110	District Local Laws Code, as effective April 1, 2011, is amended to
4111	4111	conform to Section 1, Chapter 590 (S.B. 2482), Acts of the 81st
4112	4112	Legislature, Regular Session, 2009, by adding Section 8272.105 to
4113	4113	read as follows:
4114	4114	Sec. 8272.105. BONDS FOR RECREATIONAL FACILITIES. Section
4115	4115	49.4645(f), Water Code, does not apply to the district.
4116	4116	(b) Section 1, Chapter 590 (S.B. 2483), Acts of the 81st
4117	4117	Legislature, Regular Session, 2009, is repealed.
4118	4118	SECTION 22.020. (a) Section 8282.253(a), Special District
4119	4119	Local Laws Code, as effective April 1, 2011, is amended to conform
4120	4120	to Section 1, Chapter 582 (S.B. 2462), Acts of the 81st Legislature,
4121	4121	Regular Session, 2009, to read as follows:
4122	4122	(a) To pay all or part of the costs of an improvement project
4123	4123	or service under Section 8282.154, the board may issue bonds in one
4124	4124	or more series payable from and secured by ad valorem taxes,
4125	4125	assessments, impact fees, revenues, payments pursuant to an
4126	4126	agreement made under Section 311.010(b), Tax Code, dedicating
4127	4127	revenue from a tax increment fund, grants, gifts, contracts, or
4128	4128	leases or any combination of those sources of money.
4129	4129	(b) Section 8282.253, Special District Local Laws Code, as
4130	4130	effective April 1, 2011, is amended to conform to Section 1, Chapter
4131	4131	582 (S.B. 2462), Acts of the 81st Legislature, Regular Session,
4132	4132	2009, by adding Subsection (d) to read as follows:
4133	4133	(d) Sections 49.181 and 49.182, Water Code, do not apply to:
4134	4134	(1) bonds issued by the district and payable from:
4135	4135	(A) assessments imposed by the district under
4136	4136	Section 8282.154 that are paid in full on the first conveyance of
4137	4137	land after imposition of the assessment; or
4138	4138	(B) payments pursuant to an agreement made under
4139	4139	Section 311.010(b), Tax Code, dedicating revenue from a tax
4140	4140	increment fund; or
4141	4141	(2) a project that is financed by an issuance of bonds
4142	4142	described by Subdivision (1).
4143	4143	(c) Section 1, Chapter 582 (S.B. 2462), Acts of the 81st
4144	4144	Legislature, Regular Session, 2009, is repealed.
4145	4145	SECTION 22.021. (a) Section 8826.053, Special District
4146	4146	Local Laws Code, as effective April 1, 2011, is amended to conform
4147	4147	to Section 1, Chapter 1088 (H.B. 4785), Acts of the 81st
4148	4148	Legislature, Regular Session, 2009, to read as follows:
4149	4149	Sec. 8826.053. ELECTION DATE. On the uniform election date
4150	4150	[first Tuesday after the first Monday] in May [November] of each
4151	4151	even-numbered year, the appropriate number of directors shall be
4152	4152	elected.
4153	4153	(b) Section 8826.151, Special District Local Laws Code, as
4154	4154	effective April 1, 2011, is amended to conform to Section 2, Chapter
4155	4155	1088 (H.B. 4785), Acts of the 81st Legislature, Regular Session,
4156	4156	2009, to read as follows:
4157	4157	Sec. 8826.151. FEES. Unless exempt under this chapter or
4158	4158	Chapter 36, Water Code, the board may establish by schedule and
4159	4159	impose:
4160	4160	(1) a production fee based on the amount of
4161	4161	groundwater authorized by permit to be withdrawn from a well or the
4162	4162	amount of groundwater actually withdrawn from a well in an amount
4163	4163	not to exceed 17 cents per thousand gallons [under Section 36.205,
4164	4164	Water Code];
4165	4165	(2) an export fee for groundwater transferred out of
4166	4166	the district in an amount not to exceed 150 percent of the maximum
4167	4167	wholesale water rate charged by the City of Houston; and
4168	4168	(3) other fees as authorized by Chapter 36, Water
4169	4169	Code.
4170	4170	(c) Sections 1 and 2, Chapter 1088 (H.B. 4785), Acts of the
4171	4171	81st Legislature, Regular Session, 2009, are repealed.
4172	4172	SECTION 22.022. Section 8829.102(a), Special District
4173	4173	Local Laws Code, is amended to more closely conform to the source
4174	4174	law from which the section was derived to read as follows:
4175	4175	(a) In recognition of the need for uniform regional
4176	4176	monitoring and regulation of common, scientifically recognized
4177	4177	groundwater sources, and within designated management areas, the
4178	4178	district shall establish rules that:
4179	4179	(1) require the permitting of each water well that is:
4180	4180	(A) not exempted [exempt] from permitting by
4181	4181	Chapter 36, Water Code; and
4182	4182	(B) capable of producing more than 25,000 gallons
4183	4183	each day;
4184	4184	(2) provide for the prevention of waste, as defined by
4185	4185	Section 36.001, Water Code;
4186	4186	(3) provide for timely capping or plugging of
4187	4187	abandoned wells; and
4188	4188	(4) require reports to be filed with the district on
4189	4189	each new, nonexempt water well.
4190	4190	SECTION 22.023. Subchapter A, Chapter 8831, Special
4191	4191	District Local Laws Code, is amended to more closely conform to the
4192	4192	source law from which that subchapter was derived by adding Section
4193	4193	8831.005 to read as follows:
4194	4194	Sec. 8831.005. CONFLICTS OF LAW. The following provisions
4195	4195	prevail over a conflicting or inconsistent provision of this
4196	4196	chapter:
4197	4197	(1) Sections 36.1071-36.108, Water Code;
4198	4198	(2) Sections 36.159-36.161, Water Code; and
4199	4199	(3) Subchapter I, Chapter 36, Water Code.
4200	4200	SECTION 22.024. Subchapter A, Chapter 8836, Special
4201	4201	District Local Laws Code, is amended to more closely conform to the
4202	4202	source law from which that subchapter was derived by adding Section
4203	4203	8836.006 to read as follows:
4204	4204	Sec. 8836.006. CONFLICTS OF LAW. The following provisions
4205	4205	prevail over a conflicting or inconsistent provision of this
4206	4206	chapter:
4207	4207	(1) Sections 36.1071-36.108, Water Code;
4208	4208	(2) Sections 36.159-36.161, Water Code; and
4209	4209	(3) Subchapter I, Chapter 36, Water Code.
4210	4210	SECTION 22.025. Subchapter A, Chapter 8849, Special
4211	4211	District Local Laws Code, is amended to more closely conform to the
4212	4212	source law from which that subchapter was derived by adding Section
4213	4213	8849.005 to read as follows:
4214	4214	Sec. 8849.005. CONFLICTS OF LAW. The following provisions
4215	4215	prevail over a conflicting or inconsistent provision of this
4216	4216	chapter:
4217	4217	(1) Sections 36.1071-36.1073, Water Code;
4218	4218	(2) Sections 36.159-36.161, Water Code; and
4219	4219	(3) Subchapter I, Chapter 36, Water Code.
4220	4220	SECTION 22.026. Section 8844.004, Special District Local
4221	4221	Laws Code, as effective April 1, 2011, is amended to correct a
4222	4222	reference to read as follows:
4223	4223	Sec. 8844.004. DISTRICT TERRITORY. The district is
4224	4224	composed of the territory located in Gillespie County, unless the
4225	4225	district's territory has been modified under:
4226	4226	(1) Subchapter B [this subchapter]; or
4227	4227	(2) other law.
4228	4228	ARTICLE 23. CHANGES RELATING TO TAX CODE
4229	4229	SECTION 23.001. Section 11.18(d), Tax Code, as reenacted
4230	4230	and amended by Chapters 1246 (S.B. 2442) and 1314 (H.B. 2628), Acts
4231	4231	of the 81st Legislature, Regular Session, 2009, is reenacted and
4232	4232	amended to read as follows:
4233	4233	(d) A charitable organization must be organized exclusively
4234	4234	to perform religious, charitable, scientific, literary, or
4235	4235	educational purposes and, except as permitted by Subsections (h)
4236	4236	and (l), engage exclusively in performing one or more of the
4237	4237	following charitable functions:
4238	4238	(1) providing medical care without regard to the
4239	4239	beneficiaries' ability to pay, which in the case of a nonprofit
4240	4240	hospital or hospital system means providing charity care and
4241	4241	community benefits in accordance with Section 11.1801;
4242	4242	(2) providing support or relief to orphans,
4243	4243	delinquent, dependent, or handicapped children in need of
4244	4244	residential care, abused or battered spouses or children in need of
4245	4245	temporary shelter, the impoverished, or victims of natural disaster
4246	4246	without regard to the beneficiaries' ability to pay;
4247	4247	(3) providing support without regard to the
4248	4248	beneficiaries' ability to pay to:
4249	4249	(A) elderly persons, including the provision of:
4250	4250	(i) recreational or social activities; and
4251	4251	(ii) facilities designed to address the
4252	4252	special needs of elderly persons; or
4253	4253	(B) the handicapped, including training and
4254	4254	employment:
4255	4255	(i) in the production of commodities; or
4256	4256	(ii) in the provision of services under 41
4257	4257	U.S.C. Sections 46-48c;
4258	4258	(4) preserving a historical landmark or site;
4259	4259	(5) promoting or operating a museum, zoo, library,
4260	4260	theater of the dramatic or performing arts, or symphony orchestra
4261	4261	or choir;
4262	4262	(6) promoting or providing humane treatment of
4263	4263	animals;
4264	4264	(7) acquiring, storing, transporting, selling, or
4265	4265	distributing water for public use;
4266	4266	(8) answering fire alarms and extinguishing fires with
4267	4267	no compensation or only nominal compensation to the members of the
4268	4268	organization;
4269	4269	(9) promoting the athletic development of boys or
4270	4270	girls under the age of 18 years;
4271	4271	(10) preserving or conserving wildlife;
4272	4272	(11) promoting educational development through loans
4273	4273	or scholarships to students;
4274	4274	(12) providing halfway house services pursuant to a
4275	4275	certification as a halfway house by the parole division of the Texas
4276	4276	Department of Criminal Justice;
4277	4277	(13) providing permanent housing and related social,
4278	4278	health care, and educational facilities for persons who are 62
4279	4279	years of age or older without regard to the residents' ability to
4280	4280	pay;
4281	4281	(14) promoting or operating an art gallery, museum, or
4282	4282	collection, in a permanent location or on tour, that is open to the
4283	4283	public;
4284	4284	(15) providing for the organized solicitation and
4285	4285	collection for distributions through gifts, grants, and agreements
4286	4286	to nonprofit charitable, education, religious, and youth
4287	4287	organizations that provide direct human, health, and welfare
4288	4288	services;
4289	4289	(16) performing biomedical or scientific research or
4290	4290	biomedical or scientific education for the benefit of the public;
4291	4291	(17) operating a television station that produces or
4292	4292	broadcasts educational, cultural, or other public interest
4293	4293	programming and that receives grants from the Corporation for
4294	4294	Public Broadcasting under 47 U.S.C. Section 396, as amended;
4295	4295	(18) providing housing for low-income and
4296	4296	moderate-income families, for unmarried individuals 62 years of age
4297	4297	or older, for handicapped individuals, and for families displaced
4298	4298	by urban renewal, through the use of trust assets that are
4299	4299	irrevocably and, pursuant to a contract entered into before
4300	4300	December 31, 1972, contractually dedicated on the sale or
4301	4301	disposition of the housing to a charitable organization that
4302	4302	performs charitable functions described by Subdivision (9);
4303	4303	(19) providing housing and related services to persons
4304	4304	who are 62 years of age or older in a retirement community, if the
4305	4305	retirement community provides independent living services,
4306	4306	assisted living services, and nursing services to its residents on
4307	4307	a single campus:
4308	4308	(A) without regard to the residents' ability to
4309	4309	pay; or
4310	4310	(B) in which at least four percent of the
4311	4311	retirement community's combined net resident revenue is provided in
4312	4312	charitable care to its residents;
4313	4313	(20) providing housing on a cooperative basis to
4314	4314	students of an institution of higher education if:
4315	4315	(A) the organization is exempt from federal
4316	4316	income taxation under Section 501(a), Internal Revenue Code of
4317	4317	1986, as amended, by being listed as an exempt entity under Section
4318	4318	501(c)(3) of that code;
4319	4319	(B) membership in the organization is open to all
4320	4320	students enrolled in the institution and is not limited to those
4321	4321	chosen by current members of the organization;
4322	4322	(C) the organization is governed by its members;
4323	4323	and
4324	4324	(D) the members of the organization share the
4325	4325	responsibility for managing the housing;
4326	4326	(21) acquiring, holding, and transferring unimproved
4327	4327	real property under an urban land bank demonstration program
4328	4328	established under Chapter 379C, Local Government Code, as or on
4329	4329	behalf of a land bank;
4330	4330	(22) acquiring, holding, and transferring unimproved
4331	4331	real property under an urban land bank program established under
4332	4332	Chapter 379E, Local Government Code, as or on behalf of a land bank;
4333	4333	[or]
4334	4334	(23) providing housing and related services to
4335	4335	individuals who:
4336	4336	(A) are unaccompanied and homeless and have a
4337	4337	disabling condition; and
4338	4338	(B) have been continuously homeless for a year or
4339	4339	more or have had at least four episodes of homelessness in the
4340	4340	preceding three years; or
4341	4341	(24) [(23)] operating a radio station that broadcasts
4342	4342	educational, cultural, or other public interest programming,
4343	4343	including classical music, and that in the preceding five years has
4344	4344	received or been selected to receive one or more grants from the
4345	4345	Corporation for Public Broadcasting under 47 U.S.C. Section 396, as
4346	4346	amended.
4347	4347	SECTION 23.002. Section 26.08(p), Tax Code, as added by
4348	4348	Chapters 1240 (S.B. 2274) and 1328 (H.B. 3646), Acts of the 81st
4349	4349	Legislature, Regular Session, 2009, is reenacted to read as
4350	4350	follows:
4351	4351	(p) Notwithstanding Subsections (i), (n), and (o), if for
4352	4352	the preceding tax year a school district adopted a maintenance and
4353	4353	operations tax rate that was less than the district's effective
4354	4354	maintenance and operations tax rate for that preceding tax year,
4355	4355	the rollback tax rate of the district for the current tax year is
4356	4356	calculated as if the district adopted a maintenance and operations
4357	4357	tax rate for the preceding tax year that was equal to the district's
4358	4358	effective maintenance and operations tax rate for that preceding
4359	4359	tax year.
4360	4360	SECTION 23.003. Section 151.316(a), Tax Code, as amended by
4361	4361	Chapters 1162 (H.B. 3144) and 1373 (S.B. 958), Acts of the 81st
4362	4362	Legislature, Regular Session, 2009, is reenacted to read as
4363	4363	follows:
4364	4364	(a) The following items are exempted from the taxes imposed
4365	4365	by this chapter:
4366	4366	(1) horses, mules, and work animals;
4367	4367	(2) animal life the products of which ordinarily
4368	4368	constitute food for human consumption;
4369	4369	(3) feed for farm and ranch animals;
4370	4370	(4) feed for animals that are held for sale in the
4371	4371	regular course of business;
4372	4372	(5) seeds and annual plants the products of which:
4373	4373	(A) ordinarily constitute food for human
4374	4374	consumption;
4375	4375	(B) are to be sold in the regular course of
4376	4376	business; or
4377	4377	(C) are used to produce feed for animals exempted
4378	4378	by this section;
4379	4379	(6) fertilizers, fungicides, insecticides,
4380	4380	herbicides, defoliants, and desiccants exclusively used or
4381	4381	employed on a farm or ranch in the production of:
4382	4382	(A) food for human consumption;
4383	4383	(B) feed for animal life; or
4384	4384	(C) other agricultural products to be sold in the
4385	4385	regular course of business;
4386	4386	(7) machinery and equipment exclusively used or
4387	4387	employed on a farm or ranch in the building or maintaining of roads
4388	4388	or water facilities or in the production of:
4389	4389	(A) food for human consumption;
4390	4390	(B) grass;
4391	4391	(C) feed for animal life; or
4392	4392	(D) other agricultural products to be sold in the
4393	4393	regular course of business;
4394	4394	(8) machinery and equipment exclusively used in, and
4395	4395	pollution control equipment required as a result of, the
4396	4396	processing, packing, or marketing of agricultural products by an
4397	4397	original producer at a location operated by the original producer
4398	4398	for processing, packing, or marketing the producer's own products
4399	4399	if:
4400	4400	(A) 50 percent or more of the products processed,
4401	4401	packed, or marketed at or from the location are produced by the
4402	4402	original producer and not purchased or acquired from others; and
4403	4403	(B) the producer does not process, pack, or
4404	4404	market for consideration any agricultural products that belong to
4405	4405	other persons in an amount greater than five percent of the total
4406	4406	agricultural products processed, packed, or marketed by the
4407	4407	producer;
4408	4408	(9) ice exclusively used by commercial fishing boats
4409	4409	in the storing of aquatic species including but not limited to
4410	4410	shrimp, other crustaceans, finfish, mollusks, and other similar
4411	4411	creatures;
4412	4412	(10) tangible personal property, including a tire,
4413	4413	sold or used to be installed as a component part of a motor vehicle,
4414	4414	machinery, or other equipment exclusively used or employed on a
4415	4415	farm or ranch in the building or maintaining of roads or water
4416	4416	facilities or in the production of:
4417	4417	(A) food for human consumption;
4418	4418	(B) grass;
4419	4419	(C) feed for animal life; or
4420	4420	(D) other agricultural products to be sold in the
4421	4421	regular course of business;
4422	4422	(11) machinery and equipment exclusively used in an
4423	4423	agricultural aircraft operation, as defined by 14 C.F.R. Section
4424	4424	137.3; and
4425	4425	(12) tangible personal property incorporated into a
4426	4426	structure that is used for the disposal of poultry carcasses in
4427	4427	accordance with Section 26.303, Water Code.
4428	4428	SECTION 23.004. Section 351.101(a), Tax Code, as amended by
4429	4429	Chapters 402 (H.B. 1789), 1220 (S.B. 1247), and 1322 (H.B. 3098),
4430	4430	Acts of the 81st Legislature, Regular Session, 2009, is reenacted
4431	4431	and amended to read as follows:
4432	4432	(a) Revenue from the municipal hotel occupancy tax may be
4433	4433	used only to promote tourism and the convention and hotel industry,
4434	4434	and that use is limited to the following:
4435	4435	(1) the acquisition of sites for and the construction,
4436	4436	improvement, enlarging, equipping, repairing, operation, and
4437	4437	maintenance of convention center facilities or visitor information
4438	4438	centers, or both;
4439	4439	(2) the furnishing of facilities, personnel, and
4440	4440	materials for the registration of convention delegates or
4441	4441	registrants;
4442	4442	(3) advertising and conducting solicitations and
4443	4443	promotional programs to attract tourists and convention delegates
4444	4444	or registrants to the municipality or its vicinity;
4445	4445	(4) the encouragement, promotion, improvement, and
4446	4446	application of the arts, including instrumental and vocal music,
4447	4447	dance, drama, folk art, creative writing, architecture, design and
4448	4448	allied fields, painting, sculpture, photography, graphic and craft
4449	4449	arts, motion pictures, radio, television, tape and sound recording,
4450	4450	and other arts related to the presentation, performance, execution,
4451	4451	and exhibition of these major art forms;
4452	4452	(5) historical restoration and preservation projects
4453	4453	or activities or advertising and conducting solicitations and
4454	4454	promotional programs to encourage tourists and convention
4455	4455	delegates to visit preserved historic sites or museums:
4456	4456	(A) at or in the immediate vicinity of convention
4457	4457	center facilities or visitor information centers; or
4458	4458	(B) located elsewhere in the municipality or its
4459	4459	vicinity that would be frequented by tourists and convention
4460	4460	delegates;
4461	4461	(6) for a municipality located in a county with a
4462	4462	population of one million or less, expenses, including promotion
4463	4463	expenses, directly related to a sporting event in which the
4464	4464	majority of participants are tourists who substantially increase
4465	4465	economic activity at hotels and motels within the municipality or
4466	4466	its vicinity;
4467	4467	(7) subject to Section 351.1076, the promotion of
4468	4468	tourism by the enhancement and upgrading of existing sports
4469	4469	facilities or fields, including facilities or fields for baseball,
4470	4470	softball, soccer, and flag football, if:
4471	4471	(A) the municipality owns the facilities or
4472	4472	fields;
4473	4473	(B) the municipality:
4474	4474	(i) has a population of 80,000 or more and
4475	4475	is located in a county that has a population of 350,000 or less;
4476	4476	(ii) has a population of at least 65,000 but
4477	4477	not more than 70,000 and is located in a county that has a
4478	4478	population of 155,000 or less;
4479	4479	(iii) has a population of at least 34,000
4480	4480	but not more than 36,000 and is located in a county that has a
4481	4481	population of 90,000 or less;
4482	4482	(iv) has a population of at least 13,000 but
4483	4483	less than 39,000 and is located in a county that has a population of
4484	4484	at least 200,000;
4485	4485	(v) has a population of at least 65,000 but
4486	4486	less than 80,000 and no part of which is located in a county with a
4487	4487	population greater than 150,000; or
4488	4488	(vi) is located in a county that:
4489	4489	(a) is adjacent to the Texas-Mexico
4490	4490	border;
4491	4491	(b) has a population of at least
4492	4492	500,000; and
4493	4493	(c) does not have a municipality with
4494	4494	a population greater than 500,000; and
4495	4495	(C) the sports facilities and fields have been
4496	4496	used, in the preceding calendar year, a combined total of more than
4497	4497	10 times for district, state, regional, or national sports
4498	4498	tournaments; [and]
4499	4499	(8) for a municipality with a population of at least
4500	4500	65,000 but less than 80,000, no part of which is located in a county
4501	4501	with a population greater than 150,000, the construction,
4502	4502	improvement, enlarging, equipping, repairing, operation, and
4503	4503	maintenance of a coliseum or multiuse facility;
4504	4504	(9) [(8)] signage directing the public to sights and
4505	4505	attractions that are visited frequently by hotel guests in the
4506	4506	municipality; and
4507	4507	(10) [(8)] the construction of a recreational venue in
4508	4508	the immediate vicinity of area hotels, if:
4509	4509	(A) the municipality:
4510	4510	(i) is a general-law municipality;
4511	4511	(ii) has a population of not more than 900;
4512	4512	and
4513	4513	(iii) does not impose an ad valorem tax;
4514	4514	(B) not more than $100,000 of municipal hotel
4515	4515	occupancy tax revenue is used for the construction of the
4516	4516	recreational venue;
4517	4517	(C) a majority of the hotels in the municipality
4518	4518	request the municipality to construct the recreational venue;
4519	4519	(D) the recreational venue will be used primarily
4520	4520	by hotel guests; and
4521	4521	(E) the municipality will pay for maintenance of
4522	4522	the recreational venue from the municipality's general fund.
4523	4523	ARTICLE 24. CHANGES RELATING TO TRANSPORTATION CODE
4524	4524	PART A. GENERAL CHANGES
4525	4525	SECTION 24.001. Section 91.004(c), Transportation Code, as
4526	4526	amended by Chapters 16 (H.B. 2434) and 85 (S.B. 1540), Acts of the
4527	4527	81st Legislature, Regular Session, 2009, is reenacted and amended
4528	4528	to read as follows:
4529	4529	(c) Subsection (b) does not apply to money appropriated or
4530	4530	allocated:
4531	4531	(1) to a transit authority described by Chapter 451, a
4532	4532	transportation authority described by Chapter 452 or 460, or a
4533	4533	transit department described by Chapter 453; or
4534	4534	(2) for use by:
4535	4535	(A) a port authority or navigation district
4536	4536	created or operating under Section 52, Article III, or Section 59,
4537	4537	Article XVI, Texas Constitution; or
4538	4538	(B) a district created under:
4539	4539	(i) Chapter 171;
4540	4540	(ii) Chapter 172 of this code or Chapter
4541	4541	623, Acts of the 67th Legislature, Regular Session, 1981 (former
4542	4542	Article 6550c, Vernon's Texas Civil Statutes);
4543	4543	(iii) Chapter 173 of this code or former
4544	4544	Article 6550c-1, Revised Statutes; or
4545	4545	(iv) Chapter 174 of this code or former
4546	4546	Article 6550c-3, Revised Statutes.
4547	4547	SECTION 24.002. Section 171.256(a), Transportation Code,
4548	4548	is amended to correct a reference to read as follows:
4549	4549	(a) Section 173.256(d) [8(d), Article 6550c-1, Revised
4550	4550	Statutes], relating to the limit on payments made by a local
4551	4551	government, does not apply to a district to which Section 171.053
4552	4552	applies.
4553	4553	SECTION 24.003. (a) Section 173.052, Transportation Code,
4554	4554	as effective April 1, 2011, is amended to conform to Section 1,
4555	4555	Chapter 749 (S.B. 581), Acts of the 81st Legislature, Regular
4556	4556	Session, 2009, to read as follows:
4557	4557	Sec. 173.052. ADDITION OF POLITICAL SUBDIVISION OR OTHER
4558	4558	PUBLIC ENTITY TO DISTRICT. The following political subdivisions
4559	4559	and other public entities may become a part of a district with the
4560	4560	approval of the governing body of the political subdivision or
4561	4561	public entity:
4562	4562	(1) a county located adjacent to the county in which a
4563	4563	creating municipality is located; [and]
4564	4564	(2) a municipality with a population of more than
4565	4565	18,000 located in a county described by Subdivision (1); and
4566	4566	(3) a public entity located in a county that has become
4567	4567	part of the district.
4568	4568	(b) Section 1, Chapter 749 (S.B. 581), Acts of the 81st
4569	4569	Legislature, Regular Session, 2009, which amended Subsection (c),
4570	4570	Section 2, Article 6550c-1, Revised Statutes, is repealed.
4571	4571	SECTION 24.004. (a) Section 173.102(a), Transportation
4572	4572	Code, as effective April 1, 2011, is amended to conform to Section
4573	4573	2, Chapter 749 (S.B. 581), Acts of the 81st Legislature, Regular
4574	4574	Session, 2009, to read as follows:
4575	4575	(a) The board is composed of:
4576	4576	(1) two public directors appointed by the commission;
4577	4577	(2) one elected member of the governing body of each
4578	4578	political subdivision that has become a part of the district under
4579	4579	Subchapter B;
4580	4580	(3) one elected director appointed by the regional
4581	4581	planning organization of which a creating municipality is a part;
4582	4582	(4) one director appointed by each creating
4583	4583	municipality to represent the business community of the
4584	4584	municipality;
4585	4585	(5) one director appointed by each authority created
4586	4586	under Chapter 451 that serves a creating municipality;
4587	4587	(6) one director appointed by each county in which a
4588	4588	creating municipality is located to represent transportation
4589	4589	providers that provide service to rural areas in the county; [and]
4590	4590	(7) one member appointed by each public entity that
4591	4591	has become a part of the district under Section 173.052; and
4592	4592	(8) one director appointed by all other directors to
4593	4593	represent all municipalities in the district that do not otherwise
4594	4594	have representation on the board who is an elected official of one
4595	4595	of those municipalities.
4596	4596	(b) Subchapter D, Chapter 173, Transportation Code, as
4597	4597	effective April 1, 2011, is amended to conform to Section 2, Chapter
4598	4598	749 (S.B. 581), Acts of the 81st Legislature, Regular Session,
4599	4599	2009, by adding Section 173.161 to read as follows:
4600	4600	Sec. 173.161. CHANGING NAME OF DISTRICT. The board shall
4601	4601	adopt a name for the district and may by resolution change the name
4602	4602	of the district.
4603	4603	(c) Section 2, Chapter 749 (S.B. 581), Acts of the 81st
4604	4604	Legislature, Regular Session, 2009, which amended Section 3,
4605	4605	Article 6550c-1, Revised Statutes, by amending Subsection (b) and
4606	4606	adding Subsection (i), is repealed.
4607	4607	SECTION 24.005. (a) Section 173.201, Transportation Code,
4608	4608	as effective April 1, 2011, is amended to conform to Section 3,
4609	4609	Chapter 749 (S.B. 581), Acts of the 81st Legislature, Regular
4610	4610	Session, 2009, to read as follows:
4611	4611	Sec. 173.201. GENERAL AUTHORITY OVER COMMUTER RAIL
4612	4612	FACILITIES. A district may acquire, construct, develop, own,
4613	4613	operate, and maintain intermodal and commuter rail facilities, or
4614	4614	intercity or other types of passenger rail services, inside, or
4615	4615	connect political subdivisions in, the district.
4616	4616	(b) Section 3, Chapter 749 (S.B. 581), Acts of the 81st
4617	4617	Legislature, Regular Session, 2009, which amended Subsection (e),
4618	4618	Section 4, Article 6550c-1, Revised Statutes, is repealed.
4619	4619	SECTION 24.006. Section 501.035(b), Transportation Code,
4620	4620	is amended to correct a reference to read as follows:
4621	4621	(b) In this section, "former military vehicle" has the
4622	4622	meaning assigned by Section 504.502(i) [502.275(o)].
4623	4623	SECTION 24.007. Section 502.1715(c), Transportation Code,
4624	4624	as amended by Chapters 892 (S.B. 1670) and 1108 (H.B. 2337), Acts of
4625	4625	the 79th Legislature, Regular Session, 2005, is reenacted to read
4626	4626	as follows:
4627	4627	(c) Fees collected under this section shall be deposited to
4628	4628	the credit of the state highway fund. Subject to appropriation, the
4629	4629	money may be used by the Department of Public Safety, the Texas
4630	4630	Department of Insurance, the Department of Information Resources,
4631	4631	and the department to carry out Subchapter N, Chapter 601.
4632	4632	SECTION 24.008. Section 521.054(a), Transportation Code,
4633	4633	as amended by Chapters 316 (H.B. 598) and 1146 (H.B. 2730), Acts of
4634	4634	the 81st Legislature, Regular Session, 2009, is reenacted to read
4635	4635	as follows:
4636	4636	(a) This section applies to a person who:
4637	4637	(1) after applying for or being issued a license or
4638	4638	certificate moves to a new residence address;
4639	4639	(2) has used the procedure under Section 521.121(c)
4640	4640	and whose status as a federal judge, a state judge, or the spouse of
4641	4641	a federal or state judge becomes inapplicable; or
4642	4642	(3) changes the person's name by marriage or
4643	4643	otherwise.
4644	4644	SECTION 24.009. Section 521.121(a), Transportation Code,
4645	4645	as amended by Chapters 316 (H.B. 598) and 1146 (H.B. 2730), Acts of
4646	4646	the 81st Legislature, Regular Session, 2009, is reenacted to read
4647	4647	as follows:
4648	4648	(a) The driver's license must include:
4649	4649	(1) a distinguishing number assigned by the department
4650	4650	to the license holder;
4651	4651	(2) a color photograph of the entire face of the
4652	4652	holder;
4653	4653	(3) the full name and date of birth of the holder;
4654	4654	(4) a brief description of the holder; and
4655	4655	(5) the license holder's residence address or, for a
4656	4656	license holder using the procedure under Subsection (c), the street
4657	4657	address of the courthouse in which the license holder or license
4658	4658	holder's spouse serves as a federal judge or state judge.
4659	4659	SECTION 24.010. Section 521.121(d), Transportation Code,
4660	4660	as added by Chapter 1146 (H.B. 2730), Acts of the 81st Legislature,
4661	4661	Regular Session, 2009, is repealed as duplicative of Section
4662	4662	521.121(c), Transportation Code, as added by Chapter 316 (H.B.
4663	4663	598), Acts of the 81st Legislature, Regular Session, 2009.
4664	4664	SECTION 24.011. Section 521.142(c), Transportation Code,
4665	4665	as amended by Chapters 316 (H.B. 598) and 1146 (H.B. 2730), Acts of
4666	4666	the 81st Legislature, Regular Session, 2009, is reenacted to read
4667	4667	as follows:
4668	4668	(c) The application must state:
4669	4669	(1) the sex of the applicant;
4670	4670	(2) the residence address of the applicant, or if the
4671	4671	applicant is a federal judge, a state judge, or the spouse of a
4672	4672	federal or state judge using the procedure developed under Section
4673	4673	521.121(c), the street address of the courthouse in which the
4674	4674	applicant or the applicant's spouse serves as a federal judge or a
4675	4675	state judge;
4676	4676	(3) whether the applicant has been licensed to drive a
4677	4677	motor vehicle before;
4678	4678	(4) if previously licensed, when and by what state or
4679	4679	country;
4680	4680	(5) whether that license has been suspended or revoked
4681	4681	or a license application denied;
4682	4682	(6) the date and reason for the suspension,
4683	4683	revocation, or denial;
4684	4684	(7) whether the applicant is a citizen of the United
4685	4685	States; and
4686	4686	(8) the county of residence of the applicant.
4687	4687	SECTION 24.012. Section 548.052, Transportation Code, is
4688	4688	amended to correct a reference to read as follows:
4689	4689	Sec. 548.052. VEHICLES NOT SUBJECT TO INSPECTION. This
4690	4690	chapter does not apply to:
4691	4691	(1) a trailer, semitrailer, pole trailer, or mobile
4692	4692	home moving under or bearing a current factory-delivery license
4693	4693	plate or current in-transit license plate;
4694	4694	(2) a vehicle moving under or bearing a paper dealer
4695	4695	in-transit tag, machinery license, disaster license, parade
4696	4696	license, prorate tab, one-trip permit, antique license, temporary
4697	4697	24-hour permit, or permit license;
4698	4698	(3) a trailer, semitrailer, pole trailer, or mobile
4699	4699	home having an actual gross weight or registered gross weight of
4700	4700	4,500 pounds or less;
4701	4701	(4) farm machinery, road-building equipment, a farm
4702	4702	trailer, or a vehicle required to display a slow-moving-vehicle
4703	4703	emblem under Section 547.703;
4704	4704	(5) a former military vehicle, as defined by Section
4705	4705	504.502 [502.275];
4706	4706	(6) a vehicle qualified for a tax exemption under
4707	4707	Section 152.092, Tax Code; or
4708	4708	(7) a vehicle for which a certificate of title has been
4709	4709	issued but that is not required to be registered.
4710	4710	SECTION 24.013. Section 548.508, Transportation Code, is
4711	4711	amended to correct a reference to read as follows:
4712	4712	Sec. 548.508. DISPOSITION OF FEES. Except as provided by
4713	4713	Sections [382.037 and] 382.0622 and 382.202, Health and Safety
4714	4714	Code, and Section 548.5055, each fee collected by the department
4715	4715	under this subchapter shall be deposited to the credit of the Texas
4716	4716	mobility fund.
4717	4717	SECTION 24.014. Section 551.301, Transportation Code, as
4718	4718	amended by Chapters 281 (H.B. 2702) and 1242 (H.B. 1596), Acts of
4719	4719	the 79th Legislature, Regular Session, 2005, and Chapter 722 (S.B.
4720	4720	129), Acts of the 81st Legislature, Regular Session, 2009, is
4721	4721	reenacted to read as follows:
4722	4722	Sec. 551.301. DEFINITION. In this subchapter,
4723	4723	"neighborhood electric vehicle" means a vehicle that can attain a
4724	4724	maximum speed of 35 miles per hour on a paved level surface and
4725	4725	otherwise complies with Federal Motor Vehicle Safety Standard 500
4726	4726	(49 C.F.R. Section 571.500).
4727	4727	SECTION 24.015. Section 551.351, Transportation Code, is
4728	4728	amended to conform to Chapters 281 (H.B. 2702) and 1242 (H.B. 1596),
4729	4729	Acts of the 79th Legislature, Regular Session, 2005, to read as
4730	4730	follows:
4731	4731	Sec. 551.351. DEFINITIONS [DEFINITION]. In this
4732	4732	subchapter:
4733	4733	(1) "Motor-assisted scooter":
4734	4734	(A)[, "motor-assisted scooter"] means a
4735	4735	self-propelled device with:
4736	4736	(i) [(1)] at least two wheels in contact
4737	4737	with the ground during operation;
4738	4738	(ii) [(2)] a braking system capable of
4739	4739	stopping the device under typical operating conditions;
4740	4740	(iii) [(3)] a gas or electric motor not
4741	4741	exceeding 40 cubic centimeters;
4742	4742	(iv) [(4)] a deck designed to allow a
4743	4743	person to stand or sit while operating the device; and
4744	4744	(v) [(5)] the ability to be propelled by
4745	4745	human power alone; and
4746	4746	(B) does not include a pocket bike or a
4747	4747	minimotorbike.
4748	4748	(2) "Pocket bike or minimotorbike" means a
4749	4749	self-propelled vehicle that is equipped with an electric motor or
4750	4750	internal combustion engine having a piston displacement of less
4751	4751	than 50 cubic centimeters, is designed to propel itself with not
4752	4752	more than two wheels in contact with the ground, has a seat or
4753	4753	saddle for the use of the operator, is not designed for use on a
4754	4754	highway, and is ineligible for a certificate of title under Chapter
4755	4755	501. The term does not include:
4756	4756	(A) a moped or motorcycle;
4757	4757	(B) an electric bicycle or motor-driven cycle, as
4758	4758	defined by Section 541.201;
4759	4759	(C) a motorized mobility device, as defined by
4760	4760	Section 542.009;
4761	4761	(D) an electric personal assistive mobility
4762	4762	device, as defined by Section 551.201; or
4763	4763	(E) a neighborhood electric vehicle, as defined
4764	4764	by Section 551.301.
4765	4765	SECTION 24.016. Section 601.052(c)(1), Transportation
4766	4766	Code, is amended to correct a reference to read as follows:
4767	4767	(1) "Former military vehicle" has the meaning assigned
4768	4768	by Section 504.502(i) [502.275(o)].
4769	4769	SECTION 24.017. Section 681.008(b), Transportation Code,
4770	4770	as amended by Chapters 115 (H.B. 2020) and 319 (H.B. 618), Acts of
4771	4771	the 81st Legislature, Regular Session, 2009, is reenacted to read
4772	4772	as follows:
4773	4773	(b) A vehicle on which license plates described by
4774	4774	Subsection (a)(2) or issued under Section 504.202, Section
4775	4775	504.315(c), (d), (e), (f), or (g), or Section 504.316 are displayed
4776	4776	is exempt from the payment of a parking fee collected through a
4777	4777	parking meter charged by a governmental authority other than a
4778	4778	branch of the federal government, when being operated by or for the
4779	4779	transportation of:
4780	4780	(1) the person who registered the vehicle under
4781	4781	Section 504.202(a), Section 504.315(c), (d), (e), (f), or (g), or
4782	4782	Section 504.316;
4783	4783	(2) a person described in Section 504.202(b) if the
4784	4784	vehicle is registered under that subsection; or
4785	4785	(3) the owner or operator of a vehicle displaying
4786	4786	license plates described by Subsection (a)(2).
4787	4787	SECTION 24.018. Section 707.017, Transportation Code, as
4788	4788	amended by Chapters 266 (H.B. 2530), 542 (S.B. 1617), and 933 (H.B.
4789	4789	3097), Acts of the 81st Legislature, Regular Session, 2009, is
4790	4790	reenacted to read as follows:
4791	4791	Sec. 707.017. ENFORCEMENT. (a) If the owner of a motor
4792	4792	vehicle is delinquent in the payment of a civil penalty imposed
4793	4793	under this chapter, the county assessor-collector or the Texas
4794	4794	Department of Motor Vehicles may refuse to register a motor vehicle
4795	4795	alleged to have been involved in the violation.
4796	4796	(b) This section does not apply to the registration of a
4797	4797	motor vehicle under Section 501.0234.
4798	4798	PART B. CODIFICATION OF CERTAIN RAILROAD PROVISIONS IN
4799	4799	TRANSPORTATION CODE
4800	4800	SECTION 24.101. Title 5, Transportation Code, is amended to
4801	4801	codify Chapter 11 (S.B. 56), General Laws, Acts of the 39th
4802	4802	Legislature, Regular Session, 1925 (Articles 6559a, 6559b, 6559c,
4803	4803	6559d, 6559e, and 6559f, Vernon's Texas Civil Statutes); Chapter
4804	4804	232 (S.B. 839), Acts of the 67th Legislature, Regular Session, 1981
4805	4805	(Article 6419a, Vernon's Texas Civil Statutes); Chapter 214 (S.B.
4806	4806	1102), Acts of the 71st Legislature, Regular Session, 1989 (Article
4807	4807	6492a, Vernon's Texas Civil Statutes); Chapter 350 (S.B. 1101),
4808	4808	Acts of the 71st Legislature, Regular Session, 1989 (Article 6419c,
4809	4809	Vernon's Texas Civil Statutes); Section 1, Chapter 101 (S.B. 169),
4810	4810	Acts of the 40th Legislature, Regular Session, 1927 (Article 6541a,
4811	4811	Vernon's Texas Civil Statutes); Section 1, Chapter 209 (H.B. 95),
4812	4812	Acts of the 45th Legislature, Regular Session, 1937 (Article 6541b,
4813	4813	Vernon's Texas Civil Statutes); and Section 1, Chapter 256 (H.B.
4814	4814	12), Acts of the 40th Legislature, Regular Session, 1927 (Article
4815	4815	6550a1, Vernon's Texas Civil Statutes), by adding Subtitle Z to
4816	4816	read as follows:
4817	4817	SUBTITLE Z. MISCELLANEOUS PROVISIONS
4818	4818	CHAPTER 191. STRUCTURES AND MATERIALS NEAR RAILROAD OR RAILWAY
4819	4819	Sec. 191.001. HEIGHT OF STRUCTURES OVER TRACKS. (a) In
4820	4820	this section, "structure" includes a bridge, viaduct, overheadway,
4821	4821	footbridge, or wire.
4822	4822	(b) The bottom of the lowest sill, girder, or crossbeam or
4823	4823	the lowest downward projection of a structure built by the state, a
4824	4824	county or municipality, or a railroad company or other corporation,
4825	4825	firm, partnership, or individual over the tracks of a railway or
4826	4826	railroad shall be placed at least 22 feet above the top of the rails
4827	4827	of the tracks.
4828	4828	(c) A roof projection built from a loading platform along a
4829	4829	railroad main track, siding track, spur, or switch shall be at least
4830	4830	22 feet above the rails of the track.
4831	4831	Sec. 191.002. DISTANCE OF STRUCTURES AND MATERIALS FROM
4832	4832	TRACKS. (a) A loading platform, house, fence, or other structure
4833	4833	built, and lumber, wood, or other material placed, along a railroad
4834	4834	in this state, either on or near the right-of-way of a main line or
4835	4835	on or near a spur, switch, or siding of the railroad, shall be built
4836	4836	or placed so that the nearest edge of the platform, the wall of the
4837	4837	building, or the material is at least 8-1/2 feet from the center of
4838	4838	the main line, spur, switch, or siding.
4839	4839	(b) The edge of a roof projection from a loading platform
4840	4840	along a railroad main track, siding track, spur, or switch shall be
4841	4841	at least 8-1/2 feet horizontally from the center of the track.
4842	4842	Sec. 191.003. EXCEPTION. Sections 191.001 and 191.002 do
4843	4843	not apply to:
4844	4844	(1) a structure that had been built or was in the
4845	4845	course of construction on June 18, 1925, or for the building of
4846	4846	which material had been purchased on that date as provided by a
4847	4847	prior contract or plan; or
4848	4848	(2) material that had been placed on June 18, 1925, or
4849	4849	purchased for placing on that date as provided by a prior contract
4850	4850	or plan.
4851	4851	Sec. 191.004. RULES. The department shall adopt rules in
4852	4852	accordance with this chapter.
4853	4853	Sec. 191.005. WAIVER OF PROVISION. (a) On filing of an
4854	4854	application and after notice to the attorney general, the
4855	4855	department, for good cause shown, may by order permit a railroad
4856	4856	company or other corporation, firm, partnership, or individual or a
4857	4857	county or municipality to deviate from a provision of this chapter
4858	4858	in accordance with the order.
4859	4859	(b) An action in accordance with an order issued under this
4860	4860	section is not considered to violate this chapter.
4861	4861	Sec. 191.006. CIVIL PENALTY. (a) The attorney general
4862	4862	shall immediately bring an action against a railroad company or
4863	4863	other corporation, firm, partnership, or individual who violates
4864	4864	this chapter to collect a civil penalty in an amount of not less
4865	4865	than $100 or more than $1,000 for each violation. Each day that a
4866	4866	violation continues is a separate violation.
4867	4867	(b) The attorney general may bring a single action for
4868	4868	multiple violations by the same corporation, firm, partnership, or
4869	4869	individual.
4870	4870	CHAPTER 192. ENGINEER'S OPERATOR PERMIT AND TRAIN OPERATOR PERMIT
4871	4871	Sec. 192.001. ISSUANCE OF PERMIT. (a) A railroad company
4872	4872	shall issue an engineer's operator permit to each person whom the
4873	4873	company employs to operate or permits to operate a railroad
4874	4874	locomotive in this state.
4875	4875	(b) A railroad company shall issue a train operator permit
4876	4876	to each person:
4877	4877	(1) whom the company employs to operate or permits to
4878	4878	operate a train in this state; and
4879	4879	(2) who has not been issued an engineer's operator
4880	4880	permit.
4881	4881	Sec. 192.002. PERMIT REQUIRED. (a) A person operating a
4882	4882	railroad locomotive in this state shall have in the person's
4883	4883	immediate possession an engineer's operator permit issued under
4884	4884	this chapter.
4885	4885	(b) A person operating a train in this state, other than a
4886	4886	person issued a permit under Section 192.001(a), shall have in the
4887	4887	person's immediate possession a train operator permit issued under
4888	4888	this chapter.
4889	4889	Sec. 192.003. FORM OF PERMIT. A permit issued under this
4890	4890	chapter must include the permit holder's name, address, physical
4891	4891	description, photograph, and date of birth.
4892	4892	Sec. 192.004. PROOF OF IDENTIFICATION. If a peace officer
4893	4893	requires a person to show proof of identification in connection
4894	4894	with the person's operation of a railroad locomotive or train, the
4895	4895	person:
4896	4896	(1) shall display the person's permit issued under
4897	4897	this chapter; and
4898	4898	(2) may not be required to display a driver's license
4899	4899	issued under Chapter 521 or commercial driver's license issued
4900	4900	under Chapter 522.
4901	4901	Sec. 192.005. RECORD OF ACCIDENT OR VIOLATION. If a person
4902	4902	operating a railroad locomotive or train is involved in an accident
4903	4903	with another train or a motor vehicle or is arrested for violation
4904	4904	of a law relating to the person's operation of a railroad locomotive
4905	4905	or train:
4906	4906	(1) the number of or other identifying information on
4907	4907	the person's driver's license or commercial driver's license may not
4908	4908	be included in any report of the accident or violation; and
4909	4909	(2) the person's involvement in the accident or
4910	4910	violation may not be recorded in the person's individual driving
4911	4911	record maintained by the Department of Public Safety.
4912	4912	CHAPTER 193. HAZARDOUS MATERIALS
4913	4913	Sec. 193.001. HAZARDOUS MATERIALS; PACKING AND
4914	4914	TRANSPORTATION. (a) Except as provided by Subsection (b), the
4915	4915	department by rule may adopt any requirement that:
4916	4916	(1) relates to the safe packing or transportation of
4917	4917	hazardous materials; and
4918	4918	(2) is consistent with Chapter 51, Title 49, United
4919	4919	States Code, or regulations adopted under that law.
4920	4920	(b) The department may not adopt a requirement for the
4921	4921	transportation of hazardous materials by vessel or by aircraft.
4922	4922	(c) The department may adopt any administrative rules
4923	4923	necessary to implement this section.
4924	4924	Sec. 193.002. HAZARDOUS MATERIALS; REPORTS. (a) In this
4925	4925	section, "hazardous material" means any substance the
4926	4926	transportation of which by railroad is included within the coverage
4927	4927	of rail car placarding requirements of regulations adopted by the
4928	4928	United States Department of Transportation and published in Title
4929	4929	49, Code of Federal Regulations.
4930	4930	(b) A railroad company that transports hazardous materials
4931	4931	in or through this state shall file with the department a copy of
4932	4932	each hazardous materials incident report that the company files
4933	4933	with the United States Department of Transportation under 49 C.F.R.
4934	4934	Section 171.16. The copy must be filed not later than the 15th day
4935	4935	after the date the incident that forms the basis of the report is
4936	4936	discovered.
4937	4937	(c) Not later than April 1 of each year, a railroad company
4938	4938	that transports hazardous materials in or through the state shall
4939	4939	provide to the department:
4940	4940	(1) a map depicting the location of each railroad main
4941	4941	line and branch line that the company owns, leases, or operates in
4942	4942	the state;
4943	4943	(2) a map delineating the geographical limits of the
4944	4944	company operating divisions or districts and identifying the
4945	4945	principal operating officer for the company in each operating
4946	4946	division or district;
4947	4947	(3) a primary and secondary telephone number for the
4948	4948	company dispatcher responsible for train operations in each
4949	4949	operating division or district;
4950	4950	(4) a list of each type of hazardous material by hazard
4951	4951	class and the quantity of the material transported over each
4952	4952	railroad line owned, leased, or operated by the company during the
4953	4953	preceding year; and
4954	4954	(5) the name and address of the company employee in
4955	4955	charge of training persons to handle an incident related to
4956	4956	hazardous materials.
4957	4957	(d) For the purposes of Subsection (c)(4), "hazard class"
4958	4958	means any one of the following, as defined by 49 C.F.R. Part 173,
4959	4959	or, with respect to hazardous waste, listed as a substance subject
4960	4960	to 40 C.F.R. Part 262:
4961	4961	(1) radioactive material;
4962	4962	(2) explosives, Class A;
4963	4963	(3) explosives, Class B;
4964	4964	(4) poison A;
4965	4965	(5) poison B;
4966	4966	(6) flammable gas;
4967	4967	(7) nonflammable gas;
4968	4968	(8) flammable liquid;
4969	4969	(9) oxidizer;
4970	4970	(10) flammable solid;
4971	4971	(11) corrosive material;
4972	4972	(12) combustible liquid;
4973	4973	(13) etiologic agent;
4974	4974	(14) other regulated material (ORM); or
4975	4975	(15) hazardous waste.
4976	4976	(e) If a substance fits the definition of more than one
4977	4977	hazard class, the substance must be classified in accordance with
4978	4978	the sequence stated in 49 C.F.R. Section 173.2a.
4979	4979	(f) The department shall compile information submitted to
4980	4980	the department under this section for distribution to local
4981	4981	emergency management agencies located in jurisdictions containing
4982	4982	reported railroad operations.
4983	4983	(g) At least once each year the Texas Division of Emergency
4984	4984	Management shall distribute the information compiled by the
4985	4985	department to the appropriate officials for inclusion in local
4986	4986	emergency management plans established under Subchapter E, Chapter
4987	4987	418, Government Code.
4988	4988	CHAPTER 194. PROVISION OF UTILITIES BY CERTAIN RAILWAY
4989	4989	CORPORATIONS
4990	4990	Sec. 194.001. EXTENSION OF UTILITY LINES. (a) This
4991	4991	section applies only to a corporation organized under the laws of
4992	4992	this state that is authorized to:
4993	4993	(1) construct, acquire, and operate electric or other
4994	4994	lines of railway in and between municipalities in this state; and
4995	4995	(2) acquire, hold, and operate other public utilities
4996	4996	in and adjacent to the municipalities in or through which the
4997	4997	corporation operates.
4998	4998	(b) A corporation described by Subsection (a) may extend its
4999	4999	electric light, power, or gas lines to supply light, power, or gas,
5000	5000	as appropriate, to the public residing beyond the territory
5001	5001	adjacent to the municipalities in or through which the corporation
5002	5002	operates.
5003	5003	(c) For the purpose of extending a line described by
5004	5004	Subsection (b), the corporation has the same rights and powers of
5005	5005	extension held by a public service corporation engaged in the
5006	5006	supply and sale of electric light, power, or gas as provided by law.
5007	5007	(d) The authority granted under this section does not
5008	5008	expressly or impliedly repeal any antitrust law of this state.
5009	5009	Sec. 194.002. DISTRIBUTION OF GAS OR ELECTRICITY FOLLOWING
5010	5010	ABANDONMENT OF STREET RAILWAY. (a) This section applies only to a
5011	5011	private corporation that on April 26, 1937, was authorized by its
5012	5012	charter and the statutes of this state to operate street and
5013	5013	interurban railways and had the power to distribute and sell gas or
5014	5014	electricity to the public.
5015	5015	(b) During the unexpired period of its corporate charter, a
5016	5016	corporation that abandons or discontinues or has abandoned or
5017	5017	discontinued the operation of its railways or motor buses
5018	5018	substituted for the railways may continue to distribute and sell
5019	5019	electricity or gas as authorized by its corporate charter and
5020	5020	statutes in the same manner as if the abandonment or
5021	5021	discontinuation had not occurred.
5022	5022	[Chapters 195-198 reserved for expansion]
5023	5023	CHAPTER 199. MISCELLANEOUS PROVISIONS
5024	5024	Sec. 199.001. AERIAL OR OTHER TRAMWAY TO MINE. (a) This
5025	5025	section applies only to a person, firm, corporation, limited
5026	5026	partnership, joint stock association, or other association that
5027	5027	owns, constructs, operates, or manages an aerial or other tramway
5028	5028	in this state between a mine, smelter, or railway.
5029	5029	(b) An entity described by Subsection (a) may hold and
5030	5030	acquire by purchase or condemnation right-of-way. In the exercise
5031	5031	of this right, the entity:
5032	5032	(1) is considered to be a common carrier;
5033	5033	(2) is subject to the jurisdiction and control of the
5034	5034	department; and
5035	5035	(3) may exercise the power of eminent domain under
5036	5036	which the entity may enter and condemn land, right-of-way,
5037	5037	easements, or property of any person or corporation necessary for
5038	5038	the construction, maintenance, or operation of the entity's aerial
5039	5039	or other tramway.
5040	5040	(c) The power of eminent domain under Subsection (b) is
5041	5041	exercised in the manner provided by law for the condemnation of land
5042	5042	and acquisition of right-of-way by a railroad company.
5043	5043	SECTION 24.102. The following provisions are repealed:
5044	5044	(1) Chapter 232 (S.B. 839), Acts of the 67th
5045	5045	Legislature, Regular Session, 1981 (Article 6419a, Vernon's Texas
5046	5046	Civil Statutes);
5047	5047	(2) Chapter 350 (S.B. 1101), Acts of the 71st
5048	5048	Legislature, Regular Session, 1989 (Article 6419c, Vernon's Texas
5049	5049	Civil Statutes);
5050	5050	(3) Chapter 214 (S.B. 1102), Acts of the 71st
5051	5051	Legislature, Regular Session, 1989 (Article 6492a, Vernon's Texas
5052	5052	Civil Statutes);
5053	5053	(4) Section 1, Chapter 101 (S.B. 169), Acts of the 40th
5054	5054	Legislature, Regular Session, 1927 (Article 6541a, Vernon's Texas
5055	5055	Civil Statutes);
5056	5056	(5) Section 1, Chapter 209 (H.B. 95), Acts of the 45th
5057	5057	Legislature, Regular Session, 1937 (Article 6541b, Vernon's Texas
5058	5058	Civil Statutes);
5059	5059	(6) Chapter 337 (S.B. 193), Acts of the 45th
5060	5060	Legislature, Regular Session, 1937 (Article 6548a, Vernon's Texas
5061	5061	Civil Statutes);
5062	5062	(7) Section 1, Chapter 256 (H.B. 12), Acts of the 40th
5063	5063	Legislature, Regular Session, 1927 (Article 6550a1, Vernon's Texas
5064	5064	Civil Statutes); and
5065	5065	(8) Chapter 11 (S.B. 56), General Laws, Acts of the
5066	5066	39th Legislature, Regular Session, 1925 (Articles 6559a, 6559b,
5067	5067	6559c, 6559d, 6559e, and 6559f, Vernon's Texas Civil Statutes).
5068	5068	ARTICLE 25. CHANGES RELATING TO UTILITIES CODE
5069	5069	SECTION 25.001. Section 15.024(c), Utilities Code, as
5070	5070	amended by Chapters 1212 (S.B. 560) and 1579 (S.B. 86), Acts of the
5071	5071	76th Legislature, Regular Session, 1999, is reenacted to read as
5072	5072	follows:
5073	5073	(c) A penalty may not be assessed under this section if the
5074	5074	person against whom the penalty may be assessed remedies the
5075	5075	violation before the 31st day after the date the person receives the
5076	5076	notice under Subsection (b). A person who claims to have remedied
5077	5077	an alleged violation has the burden of proving to the commission
5078	5078	that the alleged violation was remedied and was accidental or
5079	5079	inadvertent. This subsection does not apply to a violation of
5080	5080	Chapter 17, 55, or 64.
5081	5081	SECTION 25.002. Section 121.201(d), Utilities Code, is
5082	5082	amended to correct a reference to read as follows:
5083	5083	(d) In this subsection, "telecommunications service" and
5084	5084	"information service" have the meanings assigned by 47 U.S.C.
5085	5085	Section 153. Notwithstanding Subsection (a), this title does not
5086	5086	grant the railroad commission jurisdiction or right-of-way
5087	5087	management authority over a provider of telecommunications service
5088	5088	or information service. A provider of telecommunications service
5089	5089	or information service shall comply with all applicable safety
5090	5090	standards, including those provided by Subchapter H [G], Chapter
5091	5091	756, Health and Safety Code.
5092	5092	ARTICLE 26. CHANGES RELATING TO WATER CODE
5093	5093	SECTION 26.001. Section 11.128, Water Code, is amended to
5094	5094	correct a reference to read as follows:
5095	5095	Sec. 11.128. PAYMENT OF FEE. If the applicant is not
5096	5096	exempted from payment of the filing fee under Section 12.112 of this
5097	5097	code, he shall pay the filing fee prescribed by Section 5.701(c)
5098	5098	[12.111(b) of this code] at the time he files the application. The
5099	5099	commission shall not record, file, or consider the application
5100	5100	until the executive director certifies to the commission that the
5101	5101	fee is paid.
5102	5102	SECTION 26.002. Section 11.143(h), Water Code, is amended
5103	5103	to correct a reference to read as follows:
5104	5104	(h) The applicant shall pay the filing fee prescribed by
5105	5105	Section 5.701(c) [12.111(b) of this code] at the time he files the
5106	5106	application.
5107	5107	SECTION 26.003. Section 26.129, Water Code, is amended to
5108	5108	correct a reference to read as follows:
5109	5109	Sec. 26.129. DUTY OF PARKS AND WILDLIFE DEPARTMENT. The
5110	5110	Parks and Wildlife Department and its authorized employees shall
5111	5111	enforce the provisions of this chapter to the extent that any
5112	5112	violation affects aquatic life and wildlife as provided in Section
5113	5113	7.109 [26.124(b) of this code].
5114	5114	SECTION 26.004. Section 26.264(a), Water Code, is amended
5115	5115	to conform to the repeal of Section 40.053, Natural Resources Code,
5116	5116	by Chapter 146 (S.B. 619), Acts of the 78th Legislature, Regular
5117	5117	Session, 2003, to read as follows:
5118	5118	(a) Except as provided in Chapter 40, Natural Resources
5119	5119	Code, the commission shall be the state's lead agency in spill
5120	5120	response, shall conduct spill response for the state, and shall
5121	5121	otherwise administer this subchapter. The commission shall conduct
5122	5122	spill response and cleanup for spills and discharges of hazardous
5123	5123	substances other than oil in or threatening coastal waters
5124	5124	[according to the applicable provisions of the state coastal
5125	5125	discharge contingency plan promulgated by the commission under
5126	5126	Section 40.053, Natural Resources Code]. The commission shall
5127	5127	cooperate with other agencies, departments, and subdivisions of
5128	5128	this state and of the United States in implementing this
5129	5129	subchapter. In the event of a discharge or spill and after
5130	5130	reasonable effort to obtain entry rights from each property owner
5131	5131	involved, if any, the executive director may enter affected
5132	5132	property to carry out necessary spill response actions.
5133	5133	SECTION 26.005. Section 26.264(k), Water Code, is amended
5134	5134	to correct a reference to read as follows:
5135	5135	(k) In the event that a discharge or spill presents or
5136	5136	threatens to present an occurrence of disaster proportions, the
5137	5137	governor shall utilize the authority granted him under Chapter 418,
5138	5138	Government Code, [the Texas Disaster Act of 1975 (Article 6889-7,
5139	5139	Vernon's Texas Civil Statutes)] to make available and bring to bear
5140	5140	all resources of the state to prevent or lessen the impact of such a
5141	5141	disaster.
5142	5142	SECTION 26.006. Section 49.103(g), Water Code, is amended
5143	5143	to correct a reference to read as follows:
5144	5144	(g) A district may, if required under this section to change
5145	5145	the terms of office of directors to four-year terms or to change the
5146	5146	date on which the district holds a director election, extend the
5147	5147	terms of office of directors serving the district on the effective
5148	5148	date of Chapter 1070 (S.B. 1865) [H.B. No. 2236], Acts of the 75th
5149	5149	Legislature, Regular Session, 1997, to continue the terms until the
5150	5150	next appropriate election date in an even-numbered year. A
5151	5151	district that is required under this section to change the terms of
5152	5152	office of directors to staggered terms may require directors of the
5153	5153	district to draw lots to achieve staggered terms.
5154	5154	SECTION 26.007. Section 60.4035(a), Water Code, as amended
5155	5155	by Chapters 415 (H.B. 1972) and 1191 (H.B. 3785), Acts of the 81st
5156	5156	Legislature, Regular Session, 2009, is reenacted to read as
5157	5157	follows:
5158	5158	(a) Notwithstanding the competitive bidding requirements
5159	5159	and proposal procedures of this subchapter and Subchapter O and the
5160	5160	requirements of Sections 60.408(a), (b), (c), (d), and (e), the
5161	5161	executive director of a district or an officer of a district
5162	5162	authorized in writing by the port commission may make emergency
5163	5163	purchases or contracts or emergency amendments to existing purchase
5164	5164	orders or contracts in an amount that exceeds the amount authorized
5165	5165	under Section 60.403(a) for routine purchases or contracts if
5166	5166	necessary:
5167	5167	(1) to preserve or protect the public health and
5168	5168	safety of the residents of the district;
5169	5169	(2) to preserve the property of the district in the
5170	5170	case of a public calamity;
5171	5171	(3) to repair unforeseen damage to the property of the
5172	5172	district; or
5173	5173	(4) to respond to security directives issued by:
5174	5174	(A) the federal Department of Homeland Security,
5175	5175	including the Transportation Security Administration;
5176	5176	(B) the United States Coast Guard;
5177	5177	(C) the federal Department of Transportation,
5178	5178	including the Maritime Administration; or
5179	5179	(D) another federal or state agency responsible
5180	5180	for domestic security.
5181	5181	SECTION 26.008. Section 60.404(a), Water Code, as amended
5182	5182	by Chapters 415 (H.B. 1972) and 1191 (H.B. 3785), Acts of the 81st
5183	5183	Legislature, Regular Session, 2009, is reenacted to read as
5184	5184	follows:
5185	5185	(a) If the materials, supplies, machinery, equipment, or
5186	5186	other items to be purchased or contracted for are valued at an
5187	5187	amount greater than the amount authorized under Section 60.403(a)
5188	5188	for routine purchases or contracts, notice shall be published as
5189	5189	provided by this section.
5190	5190	SECTION 26.009. Section 60.406(a), Water Code, as amended
5191	5191	by Chapters 415 (H.B. 1972) and 1191 (H.B. 3785), Acts of the 81st
5192	5192	Legislature, Regular Session, 2009, is reenacted to read as
5193	5193	follows:
5194	5194	(a) Except as otherwise provided by Section 60.4035 or
5195	5195	60.412, before a district or port authority may purchase one or more
5196	5196	items under a contract that will require an expenditure of more than
5197	5197	the amount authorized under Section 60.403(a) for routine purchases
5198	5198	or contracts, the port commission of that district or port
5199	5199	authority must comply with the competitive bidding requirements or
5200	5200	proposal procedures provided by this subchapter or Subchapter O.
5201	5201	All bids must be sealed.
5202	5202	SECTION 26.010. Section 60.414, Water Code, is amended to
5203	5203	correct a reference to read as follows:
5204	5204	Sec. 60.414. APPLICATION OF OTHER LAW. If a district or
5205	5205	port authority is subject to the requirements of Subchapter B,
5206	5206	Chapter 271, Local Government Code [Chapter 770, Acts of the 66th
5207	5207	Legislature, Regular Session, 1979 (Article 2368a.3, Vernon's
5208	5208	Texas Civil Statutes)], those requirements are in addition to the
5209	5209	requirements of this subchapter.
5210	5210	ARTICLE 27. REDESIGNATIONS
5211	5211	SECTION 27.001. The following provisions of enacted codes
5212	5212	are redesignated to eliminate duplicate citations or to relocate
5213	5213	misplaced provisions:
5214	5214	(1) Subsection (a-1), Section 125.045, Civil Practice
5215	5215	and Remedies Code, as added by Chapters 258 (S.B. 11), 849 (H.B.
5216	5216	1121), and 990 (S.B. 1288), Acts of the 80th Legislature, Regular
5217	5217	Session, 2007, is redesignated as Subsection (a-2), Section
5218	5218	125.045, Civil Practice and Remedies Code.
5219	5219	(2) Section 9, Article 42.01, Code of Criminal
5220	5220	Procedure, as added by Chapter 1400 (H.B. 221), Acts of the 81st
5221	5221	Legislature, Regular Session, 2009, is redesignated as Section 10,
5222	5222	Article 42.01, Code of Criminal Procedure.
5223	5223	(3) Section 13E, Article 42.12, Code of Criminal
5224	5224	Procedure, as added by Chapter 755 (S.B. 689), Acts of the 81st
5225	5225	Legislature, Regular Session, 2009, is redesignated as Section 13G,
5226	5226	Article 42.12, Code of Criminal Procedure.
5227	5227	(4) Subdivision (11), Article 62.001, Code of Criminal
5228	5228	Procedure, as added by Chapter 755 (S.B. 689), Acts of the 81st
5229	5229	Legislature, Regular Session, 2009, is redesignated as Subdivision
5230	5230	(12), Article 62.001, Code of Criminal Procedure.
5231	5231	(5) Subsection (d), Section 28.002, Education Code, as
5232	5232	added by Chapter 895 (H.B. 3), Acts of the 81st Legislature, Regular
5233	5233	Session, 2009, is redesignated as Subsection (c-2), Section 28.002,
5234	5234	Education Code.
5235	5235	(6) Section 39.205, Education Code, as added by
5236	5236	Chapter 393 (H.B. 1705), Acts of the 81st Legislature, Regular
5237	5237	Session, 2009, is transferred to Subchapter D, Chapter 39,
5238	5238	Education Code, and redesignated as Section 39.086, Education Code.
5239	5239	(7) Section 51.969, Education Code, as added by
5240	5240	Chapter 889 (H.B. 2426), Acts of the 80th Legislature, Regular
5241	5241	Session, 2007, is redesignated as Section 51.976, Education Code.
5242	5242	(8) Subchapter O, Chapter 61, Education Code, as added
5243	5243	by Chapter 609 (S.B. 487), Acts of the 73rd Legislature, Regular
5244	5244	Session, 1993, is redesignated as Subchapter P, Chapter 61,
5245	5245	Education Code.
5246	5246	(9) Subchapter P, Chapter 61, Education Code, as added
5247	5247	by Chapter 682 (H.B. 1261), Acts of the 73rd Legislature, Regular
5248	5248	Session, 1993, and redesignated and amended by Chapter 260 (S.B.
5249	5249	1), Acts of the 74th Legislature, Regular Session, 1995, is
5250	5250	redesignated as Subchapter Q, Chapter 61, Education Code.
5251	5251	(10) Subchapter Q, Chapter 61, Education Code, as
5252	5252	added by Chapter 265 (H.B. 2978), Acts of the 80th Legislature,
5253	5253	Regular Session, 2007, is redesignated as Subchapter P-1, Chapter
5254	5254	61, Education Code.
5255	5255	(11) Section 15.4024, Finance Code, as added by
5256	5256	Chapter 695 (H.B. 2735), Acts of the 81st Legislature, Regular
5257	5257	Session, 2009, is redesignated as Section 15.4025, Finance Code.
5258	5258	(12) Subdivision (1-a), Section 348.001, Finance
5259	5259	Code, as added by Chapter 149 (S.B. 1966), Acts of the 81st
5260	5260	Legislature, Regular Session, 2009, is redesignated as Subdivision
5261	5261	(1-b), Section 348.001, Finance Code.
5262	5262	(13) Subsection (c), Section 348.501, Finance Code, as
5263	5263	added by Chapter 676 (H.B. 2438), Acts of the 81st Legislature,
5264	5264	Regular Session, 2009, is redesignated as Subsection (d), Section
5265	5265	348.501, Finance Code.
5266	5266	(14) Subsection (m), Section 403.302, Government
5267	5267	Code, as added by Chapter 288 (H.B. 8), Acts of the 81st
5268	5268	Legislature, Regular Session, 2009, is redesignated as Subsection
5269	5269	(m-1), Section 403.302, Government Code.
5270	5270	(15) Section 411.052, Government Code, as added by
5271	5271	Chapter 1179 (H.B. 3594), Acts of the 81st Legislature, Regular
5272	5272	Session, 2009, is redesignated as Section 411.053, Government Code.
5273	5273	(16) Section 418.050, Government Code, as added by
5274	5274	Chapter 1146 (H.B. 2730), Acts of the 81st Legislature, Regular
5275	5275	Session, 2009, is redesignated as Section 418.0501, Government
5276	5276	Code.
5277	5277	(17) Section 419.908, Government Code, as added by
5278	5278	Chapter 994 (H.B. 3866), Acts of the 81st Legislature, Regular
5279	5279	Session, 2009, is redesignated as Section 419.909, Government Code.
5280	5280	(18) Section 501.091, Government Code, as added by
5281	5281	Chapter 1389 (S.B. 1847), Acts of the 81st Legislature, Regular
5282	5282	Session, 2009, is redesignated as Section 501.101, Government Code.
5283	5283	(19) Section 501.091, Government Code, as added by
5284	5284	Chapter 180 (H.B. 1736), Acts of the 81st Legislature, Regular
5285	5285	Session, 2009, is redesignated as Section 501.102, Government Code.
5286	5286	(20) Section 552.151, Government Code, as added by
5287	5287	Chapter 283 (S.B. 1068), Acts of the 81st Legislature, Regular
5288	5288	Session, 2009, is redesignated as Section 552.152, Government Code.
5289	5289	(21) Section 811.010, Government Code, as added by
5290	5290	Chapter 232 (S.B. 1589), Acts of the 81st Legislature, Regular
5291	5291	Session, 2009, is redesignated as Section 811.012, Government Code.
5292	5292	(22) Section 2305.201, Government Code, is
5293	5293	transferred to Subchapter B, Chapter 403, Government Code, and
5294	5294	redesignated as Section 403.028, Government Code.
5295	5295	(23) Section 2306.6736, Government Code, as added by
5296	5296	Chapter 1423 (S.B. 1717), Acts of the 81st Legislature, Regular
5297	5297	Session, 2009, is redesignated as Section 2306.6738, Government
5298	5298	Code.
5299	5299	(24) Section 33.017, Health and Safety Code, as added
5300	5300	by Chapter 179 (H.B. 1672), Acts of the 81st Legislature, Regular
5301	5301	Session, 2009, is redesignated as Section 33.018, Health and Safety
5302	5302	Code.
5303	5303	(25) Chapter 115, Health and Safety Code, as added by
5304	5304	Chapter 733 (S.B. 395), Acts of the 81st Legislature, Regular
5305	5305	Session, 2009, is redesignated as Chapter 116, Health and Safety
5306	5306	Code, and Sections 115.001, 115.002, 115.003, 115.004, 115.005,
5307	5307	115.006, 115.007, 115.008, 115.009, 115.010, 115.011, and 115.012,
5308	5308	Health and Safety Code, as added by that Act, are redesignated as
5309	5309	Sections 116.001, 116.002, 116.003, 116.004, 116.005, 116.006,
5310	5310	116.007, 116.008, 116.009, 116.010, 116.011, and 116.012, Health
5311	5311	and Safety Code, respectively.
5312	5312	(26) Subchapter J, Chapter 242, Health and Safety
5313	5313	Code, is redesignated as Subchapter H-2, Chapter 242, Health and
5314	5314	Safety Code.
5315	5315	(27) Subsection (a-1), Section 250.003, Health and
5316	5316	Safety Code, as added by Chapter 436 (H.B. 2191), Acts of the 81st
5317	5317	Legislature, Regular Session, 2009, is redesignated as Subsection
5318	5318	(a-2), Section 250.003, Health and Safety Code.
5319	5319	(28) Chapter 254, Health and Safety Code, as added by
5320	5320	Chapter 1106 (H.B. 216), Acts of the 81st Legislature, Regular
5321	5321	Session, 2009, is redesignated as Chapter 260, Health and Safety
5322	5322	Code, and Sections 254.001, 254.002, 254.003, 254.004, 254.005,
5323	5323	254.006, 254.007, 254.008, 254.009, 254.010, and 254.011, Health
5324	5324	and Safety Code, as added by that Act, are redesignated as Sections
5325	5325	260.001, 260.002, 260.003, 260.004, 260.005, 260.006, 260.007,
5326	5326	260.008, 260.009, 260.010, and 260.011, Health and Safety Code,
5327	5327	respectively.
5328	5328	(29) Sections 382.501 and 382.502, Health and Safety
5329	5329	Code, as added as part of Subchapter J, Chapter 382, Health and
5330	5330	Safety Code, by Section 29, Chapter 1125 (H.B. 1796), Acts of the
5331	5331	81st Legislature, Regular Session, 2009, are redesignated as
5332	5332	Sections 382.451 and 382.452, Health and Safety Code, respectively.
5333	5333	(30) Chapter 391, Health and Safety Code, as added by
5334	5334	Chapter 1232 (S.B. 1759), Acts of the 81st Legislature, Regular
5335	5335	Session, 2009, is redesignated as Chapter 392, Health and Safety
5336	5336	Code, and Sections 391.001, 391.002, 391.003, 391.004, 391.005,
5337	5337	391.006, 391.007, and 391.008, Health and Safety Code, as added by
5338	5338	that Act, are redesignated as Sections 392.001, 392.002, 392.003,
5339	5339	392.004, 392.005, 392.006, 392.007, and 392.008, Health and Safety
5340	5340	Code, respectively.
5341	5341	(31) Subchapter I, Chapter 775, Health and Safety
5342	5342	Code, as added by Chapter 537 (S.B. 1485), Acts of the 81st
5343	5343	Legislature, Regular Session, 2009, is redesignated as Subchapter
5344	5344	J, Chapter 775, Health and Safety Code.
5345	5345	(32) Section 32.0424, Human Resources Code, as added
5346	5346	by Chapter 832 (S.B. 1804), Acts of the 81st Legislature, Regular
5347	5347	Session, 2009, is redesignated as Section 32.0425, Human Resources
5348	5348	Code.
5349	5349	(33) Section 32.060, Human Resources Code, as added by
5350	5350	Chapter 204 (H.B. 4), Acts of the 78th Legislature, Regular
5351	5351	Session, 2003, is redesignated as Section 32.062, Human Resources
5352	5352	Code.
5353	5353	(34) Subdivision (20), Section 42.002, Human
5354	5354	Resources Code, as added by Chapter 46 (S.B. 95), Acts of the 81st
5355	5355	Legislature, Regular Session, 2009, is redesignated as Subdivision
5356	5356	(22), Section 42.002, Human Resources Code.
5357	5357	(35) Section 161.076, Human Resources Code, as added
5358	5358	by Chapter 269 (S.B. 37), Acts of the 81st Legislature, Regular
5359	5359	Session, 2009, is redesignated as Section 161.078, Human Resources
5360	5360	Code.
5361	5361	(36) Section 161.076, Human Resources Code, as added
5362	5362	by Chapter 726 (S.B. 271), Acts of the 81st Legislature, Regular
5363	5363	Session, 2009, is redesignated as Section 161.079, Human Resources
5364	5364	Code.
5365	5365	(37) Section 161.077, Human Resources Code, as added
5366	5366	by Chapter 904 (H.B. 748), Acts of the 81st Legislature, Regular
5367	5367	Session, 2009, is redesignated as Section 161.080, Human Resources
5368	5368	Code.
5369	5369	(38) Section 161.077, Human Resources Code, as added
5370	5370	by Chapter 759 (S.B. 705), Acts of the 81st Legislature, Regular
5371	5371	Session, 2009, is redesignated as Section 161.081, Human Resources
5372	5372	Code.
5373	5373	(39) Subchapter F, Chapter 161, Human Resources Code,
5374	5374	as added by Chapter 95 (H.B. 703), Acts of the 81st Legislature,
5375	5375	Regular Session, 2009, is redesignated as Subchapter I, Chapter
5376	5376	161, Human Resources Code, and Sections 161.151, 161.152, and
5377	5377	161.153, Human Resources Code, as added by that Act, are
5378	5378	redesignated as Sections 161.351, 161.352, and 161.353, Human
5379	5379	Resources Code, respectively.
5380	5380	(40) Section 561.106, Insurance Code, is redesignated
5381	5381	as Section 562.106, Insurance Code.
5382	5382	(41) Subchapter D, Chapter 4004, Insurance Code, as
5383	5383	added by Chapter 326 (H.B. 739), Acts of the 81st Legislature,
5384	5384	Regular Session, 2009, is redesignated as Subchapter F, Chapter
5385	5385	4004, Insurance Code, and Sections 4004.151, 4004.152, 4004.153,
5386	5386	4004.154, and 4004.155, Insurance Code, as added by that Act, are
5387	5387	redesignated as Sections 4004.251, 4004.252, 4004.253, 4004.254,
5388	5388	and 4004.255, Insurance Code, respectively.
5389	5389	(42) Section 302.016, Labor Code, as added by Chapter
5390	5390	460 (H.B. 2580), Acts of the 81st Legislature, Regular Session,
5391	5391	2009, is redesignated as Section 302.017, Labor Code.
5392	5392	(43) Subsection (n), Section 232.029, Local
5393	5393	Government Code, as added by Chapter 546 (S.B. 1676), Acts of the
5394	5394	81st Legislature, Regular Session, 2009, is redesignated as
5395	5395	Subsection (p), Section 232.029, Local Government Code.
5396	5396	(44) Chapter 120, Natural Resources Code, as added by
5397	5397	Chapter 224 (S.B. 1387), Acts of the 81st Legislature, Regular
5398	5398	Session, 2009, is redesignated as Chapter 121, Natural Resources
5399	5399	Code, and Sections 120.001, 120.002, 120.003, and 120.004, Natural
5400	5400	Resources Code, as added by that Act, are redesignated as Sections
5401	5401	121.001, 121.002, 121.003, and 121.004, Natural Resources Code,
5402	5402	respectively.
5403	5403	(45) Chapter 167, Occupations Code, as added by
5404	5404	Chapter 775 (S.B. 911), Acts of the 81st Legislature, Regular
5405	5405	Session, 2009, is redesignated as Chapter 168, Occupations Code,
5406	5406	and Sections 167.001, 167.002, 167.051, 167.052, 167.053, 167.101,
5407	5407	167.102, 167.151, 167.152, 167.201, and 167.202, Occupations Code,
5408	5408	as added by that Act, are redesignated as Sections 168.001,
5409	5409	168.002, 168.051, 168.052, 168.053, 168.101, 168.102, 168.151,
5410	5410	168.152, 168.201, and 168.202, Occupations Code, respectively.
5411	5411	(46) Subsections (e) and (f), Section 1301.551,
5412	5412	Occupations Code, as added by Chapter 804 (S.B. 1410), Acts of the
5413	5413	81st Legislature, Regular Session, 2009, are redesignated as
5414	5414	Subsections (i) and (j), Section 1301.551, Occupations Code,
5415	5415	respectively.
5416	5416	(47) Section 1701.258, Occupations Code, as added by
5417	5417	Chapter 794 (S.B. 1237), Acts of the 81st Legislature, Regular
5418	5418	Session, 2009, is redesignated as Section 1701.259, Occupations
5419	5419	Code.
5420	5420	(48) Subsection (h), Section 1701.402, Occupations
5421	5421	Code, as added by Chapter 1002 (H.B. 4009), Acts of the 81st
5422	5422	Legislature, Regular Session, 2009, is redesignated as Subsection
5423	5423	(j), Section 1701.402, Occupations Code.
5424	5424	(49) Section 2308.257, Occupations Code, as added by
5425	5425	Chapter 757 (S.B. 702), Acts of the 81st Legislature, Regular
5426	5426	Session, 2009, is redesignated as Section 2308.2555, Occupations
5427	5427	Code.
5428	5428	(50) Subsection (c), Section 2308.451, Occupations
5429	5429	Code, as added by Chapter 1310 (H.B. 2571), Acts of the 81st
5430	5430	Legislature, Regular Session, 2009, is redesignated as Subsection
5431	5431	(c-1), Section 2308.451, Occupations Code.
5432	5432	(51) Subsection (c), Section 2308.454, Occupations
5433	5433	Code, as added by Chapter 1310 (H.B. 2571), Acts of the 81st
5434	5434	Legislature, Regular Session, 2009, is redesignated as Subsection
5435	5435	(e), Section 2308.454, Occupations Code.
5436	5436	(52) Section 113.029, Property Code, as added by
5437	5437	Chapter 754 (S.B. 666), Acts of the 81st Legislature, Regular
5438	5438	Session, 2009, is redesignated as Section 113.030, Property Code.
5439	5439	(53) Chapter 1072, Special District Local Laws Code,
5440	5440	as added by Chapter 1139 (H.B. 2619), Acts of the 81st Legislature,
5441	5441	Regular Session, 2009, is redesignated as Chapter 1118, Special
5442	5442	District Local Laws Code, and Sections 1072.001, 1072.002,
5443	5443	1072.003, 1072.004, 1072.005, 1072.006, 1072.051, 1072.052,
5444	5444	1072.053, 1072.054, 1072.055, 1072.056, 1072.057, 1072.058,
5445	5445	1072.059, 1072.060, 1072.061, 1072.062, 1072.063, 1072.064,
5446	5446	1072.101, 1072.102, 1072.103, 1072.104, 1072.105, 1072.106,
5447	5447	1072.107, 1072.108, 1072.109, 1072.110, 1072.111, 1072.112,
5448	5448	1072.113, 1072.114, 1072.115, 1072.116, 1072.151, 1072.152,
5449	5449	1072.153, 1072.154, 1072.155, 1072.156, 1072.201, 1072.202,
5450	5450	1072.203, 1072.204, 1072.205, 1072.206, 1072.207, 1072.208,
5451	5451	1072.251, 1072.252, and 1072.253, Special District Local Laws Code,
5452	5452	as added by that Act, are redesignated as Sections 1118.001,
5453	5453	1118.002, 1118.003, 1118.004, 1118.005, 1118.006, 1118.051,
5454	5454	1118.052, 1118.053, 1118.054, 1118.055, 1118.056, 1118.057,
5455	5455	1118.058, 1118.059, 1118.060, 1118.061, 1118.062, 1118.063,
5456	5456	1118.064, 1118.101, 1118.102, 1118.103, 1118.104, 1118.105,
5457	5457	1118.106, 1118.107, 1118.108, 1118.109, 1118.110, 1118.111,
5458	5458	1118.112, 1118.113, 1118.114, 1118.115, 1118.116, 1118.151,
5459	5459	1118.152, 1118.153, 1118.154, 1118.155, 1118.156, 1118.201,
5460	5460	1118.202, 1118.203, 1118.204, 1118.205, 1118.206, 1118.207,
5461	5461	1118.208, 1118.251, 1118.252, and 1118.253, Special District Local
5462	5462	Laws Code, respectively.
5463	5463	(54) Section 8828.053, Special District Local Laws
5464	5464	Code, as added by Section 1.04, Chapter 1139 (H.B. 2619), Acts of
5465	5465	the 81st Legislature, Regular Session, 2009, is redesignated as
5466	5466	Section 8288.053, Special District Local Laws Code.
5467	5467	(55) Subsection (p), Section 11.18, Tax Code, as added
5468	5468	by Chapter 1246 (S.B. 2442), Acts of the 81st Legislature, Regular
5469	5469	Session, 2009, is redesignated as Subsection (q), Section 11.18,
5470	5470	Tax Code.
5471	5471	(56) Subsection (c), Section 23.01, Tax Code, as added
5472	5472	by Chapter 1405 (H.B. 3613), Acts of the 81st Legislature, Regular
5473	5473	Session, 2009, is redesignated as Subsection (d), Section 23.01,
5474	5474	Tax Code.
5475	5475	(57) Subsection (c), Section 23.01, Tax Code, as added
5476	5476	by Chapter 1211 (S.B. 771), Acts of the 81st Legislature, Regular
5477	5477	Session, 2009, is redesignated as Subsection (e), Section 23.01,
5478	5478	Tax Code.
5479	5479	(58) Section 171.1016, Tax Code, is transferred to
5480	5480	Subchapter C, Chapter 171, Tax Code.
5481	5481	(59) Section 225.059, Transportation Code, as added by
5482	5482	Chapter 546 (H.B. 1136), Acts of the 79th Legislature, Regular
5483	5483	Session, 2005, is redesignated as Section 225.0741, Transportation
5484	5484	Code.
5485	5485	(60) Subdivision (1-a), Section 502.001,
5486	5486	Transportation Code, as added by Chapter 1173 (H.B. 3433), Acts of
5487	5487	the 81st Legislature, Regular Session, 2009, is redesignated as
5488	5488	Subdivision (1-b), Section 502.001, Transportation Code.
5489	5489	(61) Section 504.660, Transportation Code, as added by
5490	5490	Chapter 397 (H.B. 1749), Acts of the 81st Legislature, Regular
5491	5491	Session, 2009, is redesignated as Section 504.659, Transportation
5492	5492	Code.
5493	5493	(62) Section 521.060, Transportation Code, as added by
5494	5494	Section 13.02, Chapter 1146 (H.B. 2730), Acts of the 81st
5495	5495	Legislature, Regular Session, 2009, is redesignated as Section
5496	5496	521.061, Transportation Code.
5497	5497	(63) Section 521.060, Transportation Code, as added by
5498	5498	Section 6.07, Chapter 1146 (H.B. 2730), Acts of the 81st
5499	5499	Legislature, Regular Session, 2009, is redesignated as Section
5500	5500	521.062, Transportation Code.
5501	5501	(64) Section 551.304, Transportation Code, is
5502	5502	transferred to Subchapter E, Chapter 551, Transportation Code, and
5503	5503	redesignated as Section 551.353, Transportation Code.
5504	5504	(65) Subsection (f), Section 681.003, Transportation
5505	5505	Code, as added by Chapter 531 (S.B. 1367), Acts of the 81st
5506	5506	Legislature, Regular Session, 2009, is redesignated as Subsection
5507	5507	(g), Section 681.003, Transportation Code.
5508	5508	(66) Subsection (h), Section 27.051, Water Code, as
5509	5509	added by Chapter 966 (S.B. 2), Acts of the 77th Legislature, Regular
5510	5510	Session, 2001, is redesignated as Subsection (i), Section 27.051,
5511	5511	Water Code.
5512	5512	SECTION 27.002. The following changes are made to conform
5513	5513	the provisions amended to the redesignating changes made by Section
5514	5514	27.001 of this Act:
5515	5515	(1) Subdivision (2), Subsection (f), Article 38.43,
5516	5516	Code of Criminal Procedure, is amended to read as follows:
5517	5517	(2) In a county with a population less than 100,000,
5518	5518	the attorney representing the state, clerk, or other officer in
5519	5519	possession of any evidence to which this subsection applies shall
5520	5520	ensure the preservation of the evidence by promptly delivering the
5521	5521	evidence to the Department of Public Safety for storage in
5522	5522	accordance with Section 411.053 [411.052], Government Code, and
5523	5523	department rules.
5524	5524	(2) Subdivision (14), Subsection (b), Section 7.021,
5525	5525	Education Code, is amended to read as follows:
5526	5526	(14) The agency shall cooperate with the Texas Higher
5527	5527	Education Coordinating Board in connection with the Texas
5528	5528	partnership and scholarship program under Subchapter Q [P], Chapter
5529	5529	61.
5530	5530	(3) Subdivision (39), Subsection (b), Section 7.055,
5531	5531	Education Code, is amended to read as follows:
5532	5532	(39) The commissioner shall cooperate with the Texas
5533	5533	Higher Education Coordinating Board in connection with the Texas
5534	5534	partnership and scholarship program under Subchapter Q [P], Chapter
5535	5535	61.
5536	5536	(4) Subsection (c), Section 116.005, Health and Safety
5537	5537	Code, as redesignated from Subsection (c), Section 115.005, Health
5538	5538	and Safety Code, by Section 27.001 of this Act, is amended to read
5539	5539	as follows:
5540	5540	(c) A vacancy on the council shall be filled for the
5541	5541	remainder of the unexpired term in the same manner as provided by
5542	5542	Section 116.003(a) [115.003(a)].
5543	5543	(5) Section 247.004, Health and Safety Code, is
5544	5544	amended to read as follows:
5545	5545	Sec. 247.004. EXEMPTIONS. This chapter does not apply to:
5546	5546	(1) a boarding home facility as defined by Section
5547	5547	260.001 [254.001];
5548	5548	(2) an establishment conducted by or for the adherents
5549	5549	of the Church of Christ, Scientist, for the purpose of providing
5550	5550	facilities for the care or treatment of the sick who depend
5551	5551	exclusively on prayer or spiritual means for healing without the
5552	5552	use of any drug or material remedy if the establishment complies
5553	5553	with local safety, sanitary, and quarantine ordinances and
5554	5554	regulations;
5555	5555	(3) a facility conducted by or for the adherents of a
5556	5556	qualified religious society classified as a tax-exempt
5557	5557	organization under an Internal Revenue Service group exemption
5558	5558	ruling for the purpose of providing personal care services without
5559	5559	charge solely for the society's professed members or ministers in
5560	5560	retirement, if the facility complies with local safety, sanitation,
5561	5561	and quarantine ordinances and regulations; or
5562	5562	(4) a facility that provides personal care services
5563	5563	only to persons enrolled in a program that is funded in whole or in
5564	5564	part by the department and that is monitored by the department or
5565	5565	its designated local mental retardation authority in accordance
5566	5566	with standards set by the department.
5567	5567	(6) Section 260.003, Health and Safety Code, as
5568	5568	redesignated from Section 254.003, Health and Safety Code, by
5569	5569	Section 27.001 of this Act, is amended to read as follows:
5570	5570	Sec. 260.003 [254.003]. MODEL STANDARDS. The executive
5571	5571	commissioner shall develop and publish in the Texas Register model
5572	5572	standards for the operation of a boarding home facility relating
5573	5573	to:
5574	5574	(1) the construction or remodeling of a boarding home
5575	5575	facility, including plumbing, heating, lighting, ventilation, and
5576	5576	other housing conditions, to ensure the residents' health, safety,
5577	5577	comfort, and protection from fire hazard;
5578	5578	(2) sanitary and related conditions in a boarding home
5579	5579	facility and its surroundings, including insect and rodent control,
5580	5580	water supply, sewage disposal, food handling, and general hygiene
5581	5581	to ensure the residents' health, safety, and comfort;
5582	5582	(3) the reporting and investigation of injuries,
5583	5583	incidents, and unusual accidents and the establishment of other
5584	5584	policies and procedures necessary to ensure resident health and
5585	5585	safety;
5586	5586	(4) assistance with self-administering medication;
5587	5587	(5) requirements for in-service education of the
5588	5588	facility's staff;
5589	5589	(6) criminal history record checks; and
5590	5590	(7) assessment and periodic monitoring to ensure that
5591	5591	a resident:
5592	5592	(A) does not require the boarding home facility
5593	5593	to provide personal care, nursing, or other services not listed in
5594	5594	Section 260.001(2) [254.001(2)]; and
5595	5595	(B) is capable of self-administering medication
5596	5596	or is aware of what the resident's medications look like and knows
5597	5597	when the medications should be taken but requires assistance with
5598	5598	self-administering medication.
5599	5599	(7) Section 260.004, Health and Safety Code, as
5600	5600	redesignated from Section 254.004, Health and Safety Code, by
5601	5601	Section 27.001 of this Act, is amended to read as follows:
5602	5602	Sec. 260.004 [254.004]. LOCAL REGULATION. A county or
5603	5603	municipality may require a person to obtain a permit from the county
5604	5604	or municipality to operate a boarding home facility within the
5605	5605	county's or municipality's jurisdiction. A county or municipality
5606	5606	may adopt the standards developed by the executive commissioner
5607	5607	under Section 260.003 [254.003] and require a boarding home
5608	5608	facility that holds a permit issued by the county or municipality to
5609	5609	comply with the adopted standards.
5610	5610	(8) Section 260.005, Health and Safety Code, as
5611	5611	redesignated from Section 254.005, Health and Safety Code, by
5612	5612	Section 27.001 of this Act, is amended to read as follows:
5613	5613	Sec. 260.005 [254.005]. PERMIT PROCEDURES; FEES; FINES.
5614	5614	(a) A county or municipality that requires a person to obtain a
5615	5615	boarding home facility permit as authorized by Section 260.004
5616	5616	[254.004] may establish procedures for the submission of a boarding
5617	5617	home facility permit application and for the issuance, denial,
5618	5618	renewal, suspension, and revocation of the permit.
5619	5619	(b) A county or municipality that requires a person to
5620	5620	obtain a boarding home facility permit as authorized under Section
5621	5621	260.004 [254.004] may set reasonable fees for issuance of the
5622	5622	permit, renewal of the permit, and inspections and may impose fines
5623	5623	for noncompliance with the county or municipal boarding home
5624	5624	facility regulations. The fees collected and fines imposed by the
5625	5625	county or municipality must be used to administer the county or
5626	5626	municipal permitting program or for other purposes directly related
5627	5627	to providing boarding home facility or other assisted living
5628	5628	services to elderly persons and persons with disabilities.
5629	5629	(c) A person required to obtain a boarding home facility
5630	5630	permit from a county or municipality as authorized under Section
5631	5631	260.004 [254.004] shall pay any fees required or fines imposed by
5632	5632	the county or municipality.
5633	5633	(9) Subsection (a), Section 260.010, Health and Safety
5634	5634	Code, as redesignated from Subsection (a), Section 254.010, Health
5635	5635	and Safety Code, by Section 27.001 of this Act, is amended to read
5636	5636	as follows:
5637	5637	(a) Not later than September 30 of each year following the
5638	5638	establishment of a county or municipal permitting requirement under
5639	5639	this chapter, each county or municipality that requires a person to
5640	5640	obtain a boarding home facility permit under Section 260.004
5641	5641	[254.004] shall submit to the commission a report. The report must
5642	5642	include:
5643	5643	(1) the total number of:
5644	5644	(A) boarding home facilities permitted during
5645	5645	the preceding state fiscal year;
5646	5646	(B) boarding home facility applications denied
5647	5647	permitting, including a summary of cause for denial; and
5648	5648	(C) boarding home facility permits active on
5649	5649	August 31 of the preceding state fiscal year;
5650	5650	(2) the total number of residents reported housed in
5651	5651	each boarding home facility reported;
5652	5652	(3) the total number of inspections conducted at each
5653	5653	boarding home facility by the county or municipality that requires
5654	5654	the permit; and
5655	5655	(4) the total number of permits revoked or suspended
5656	5656	as a result of an inspection described by Subdivision (3) and a
5657	5657	summary of the outcome for the residents displaced by revocation or
5658	5658	suspension of a permit.
5659	5659	(10) Subsection (a), Section 614.021, Health and
5660	5660	Safety Code, is amended to read as follows:
5661	5661	(a) In this section, "wrongfully imprisoned person" has the
5662	5662	meaning assigned by Section 501.102 [501.091], Government Code.
5663	5663	(11) Subsection (n), Section 32.021, Human Resources
5664	5664	Code, is amended to read as follows:
5665	5665	(n) An assessment of monetary penalties under this section
5666	5666	is subject to arbitration under Subchapter H-2 [J], Chapter 242,
5667	5667	Health and Safety Code.
5668	5668	(12) Subsection (a), Section 142.006, Human Resources
5669	5669	Code, is amended to read as follows:
5670	5670	(a) A juvenile probation officer may carry a firearm in the
5671	5671	course of the officer's official duties if:
5672	5672	(1) the juvenile probation officer possesses a
5673	5673	certificate of firearms proficiency issued by the Commission on Law
5674	5674	Enforcement Officer Standards and Education under Section 1701.259
5675	5675	[1701.258], Occupations Code;
5676	5676	(2) the chief juvenile probation officer of the
5677	5677	juvenile probation department that employs the juvenile probation
5678	5678	officer authorizes the juvenile probation officer to carry a
5679	5679	firearm in the course of the officer's official duties; and
5680	5680	(3) the juvenile probation officer has been employed
5681	5681	for at least one year by the juvenile probation department
5682	5682	described by Subdivision (2).
5683	5683	(13) Section 4004.254, Insurance Code, as
5684	5684	redesignated from Section 4004.154, Insurance Code, by Section
5685	5685	27.001 of this Act, is amended to read as follows:
5686	5686	Sec. 4004.254 [4004.154]. PROGRAM CERTIFICATION
5687	5687	REQUIREMENTS. (a) Subchapter C, including the authorization to
5688	5688	contract with an independent contractor under Section 4004.104,
5689	5689	applies to programs used to satisfy the requirements of Sections
5690	5690	4004.252 [4004.152] and 4004.253 [4004.153]. For the purpose of
5691	5691	administering this subchapter, professional training courses shall
5692	5692	be considered to be continuing education courses under Subchapter
5693	5693	C.
5694	5694	(b) The commissioner by rule shall adopt criteria for the
5695	5695	programs used to satisfy the requirements of Sections 4004.252
5696	5696	[4004.152] and 4004.253 [4004.153] that are designed to ensure that
5697	5697	an agent has knowledge, understanding, and professional competence
5698	5698	concerning a Medicare-related product. The rules adopted under
5699	5699	this subsection may incorporate by reference any requirements
5700	5700	established by the Centers for Medicare and Medicaid Services or
5701	5701	any other appropriate federal agency.
5702	5702	(14) Section 168.152, Occupations Code, as
5703	5703	redesignated from Section 167.152, Occupations Code, by Section
5704	5704	27.001 of this Act, is amended to read as follows:
5705	5705	Sec. 168.152 [167.152]. REQUIREMENTS FOR RENEWAL.
5706	5706	(a) The owner or operator of a pain management clinic may apply to
5707	5707	renew a certificate issued to the clinic under this chapter by:
5708	5708	(1) submitting a renewal application to the board on
5709	5709	the form prescribed by the board before the expiration of the grace
5710	5710	period under Section 168.151 [167.151]; and
5711	5711	(2) complying with any other requirements adopted by
5712	5712	board rule.
5713	5713	(b) If a certificate is not renewed before the expiration of
5714	5714	the grace period under Section 168.151 [167.151], the pain
5715	5715	management clinic must reapply for an original certificate to
5716	5716	operate the clinic.
5717	5717	(15) Subsection (b), Section 1118.054, Special
5718	5718	District Local Laws Code, as redesignated from Subsection (b),
5719	5719	Section 1072.054, Special District Local Laws Code, by Section
5720	5720	27.001 of this Act, is amended to read as follows:
5721	5721	(b) The appointed director must have the qualifications
5722	5722	required by Section 1118.052 [1072.052].
5723	5723	(16) Subsection (b), Section 27.045, Water Code, is
5724	5724	amended to read as follows:
5725	5725	(b) Fees collected by the railroad commission under this
5726	5726	section shall be deposited to the credit of the anthropogenic
5727	5727	carbon dioxide storage trust fund established under Section 121.003
5728	5728	[120.003], Natural Resources Code.
5729	5729	SECTION 27.003. If the number, letter, or other designation
5730	5730	assigned by Section 27.001 of this Act conflicts with a designation
5731	5731	assigned by another Act of the 82nd Legislature:
5732	5732	(1) the other Act controls, and the change made by
5733	5733	Section 27.001 of this Act has no effect; and
5734	5734	(2) any change made by Section 27.002 of this Act to
5735	5735	conform to that change made by Section 27.001 of this Act has no
5736	5736	effect.
5737	5737	ARTICLE 28. EFFECTIVE DATE
5738	5738	SECTION 28.001. This Act takes effect September 1, 2011.