By: Darby (Senate Sponsor - Seliger) H.B. No. 1435
(In the Senate - Received from the House April 29, 2013;
April 30, 2013, read first time and referred to Committee on
Jurisprudence; May 16, 2013, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 0;
May 16, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 1435 By: Garcia
A BILL TO BE ENTITLED
AN ACT
relating to certain notices, reports, and descriptions provided by
or filed with court and county clerks.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 46C.003, Code of Criminal Procedure, is
amended to read as follows:
Art. 46C.003. VICTIM NOTIFICATION OF RELEASE. If the court
issues an order that requires the release of an acquitted person on
discharge or on a regimen of outpatient care, the clerk of the court
issuing the order, using the information provided on any victim
impact statement received by the court under Article 56.03 or other
information made available to the court, shall notify the victim or
the victim's guardian or close relative of the release.
Notwithstanding Article 56.03(f), the clerk of the court may
inspect a victim impact statement for the purpose of notification
under this article. On request, a victim assistance coordinator may
provide the clerk of the court with information or other assistance
necessary for the clerk to comply with this article.
SECTION 2. Section 58.110(c), Family Code, is amended to
read as follows:
(c) The clerk of the court exercising jurisdiction over a
juvenile offender's case shall report the disposition of the case
to the department. [A clerk of the court who violates this
subsection commits an offense. An offense under this subsection is
a Class C misdemeanor.]
SECTION 3. Section 85.042(a-1), Family Code, is amended to
read as follows:
(a-1) This subsection applies only if the respondent, at the
time of issuance of an original or modified protective order under
this subtitle, is a member of the state military forces or is
serving in the armed forces of the United States in an active-duty
status and the applicant or the applicant's attorney provides to
the clerk of the court the mailing address of the staff judge
advocate or provost marshal, as applicable. In addition to
complying with Subsection (a), the clerk of the court shall also
provide a copy of the protective order and the information
described by that subsection to the staff judge advocate at Joint
Force Headquarters or the provost marshal of the military
installation to which the respondent is assigned with the intent
that the commanding officer will be notified, as applicable.
SECTION 4. Section 402.010, Government Code, is amended by
amending Subsections (a) and (c) and adding Subsection (a-1) to
read as follows:
(a) In an action in which a party to the litigation files a
petition, motion, or other pleading challenging the
constitutionality of a statute of this state, the party shall file
the form required by Subsection (a-1). The court shall, if the
attorney general is not a party to or counsel involved in the
litigation, serve notice of the constitutional challenge
[question] and a copy of the petition, motion, or other pleading
that raises the challenge on the attorney general either by
certified or registered mail or electronically to an e-mail address
designated by the attorney general for the purposes of this
section[. Notice under this section must identify the statute in
question, state the basis for the challenge, and specify the
petition, motion, or other pleading that raises the challenge].
(a-1) The Office of Court Administration of the Texas
Judicial System shall adopt the form that a party challenging the
constitutionality of a statute of this state must file with the
court in which the action is pending indicating which pleading
should be served on the attorney general in accordance with this
section.
(c) A party's failure to file as required by Subsection (a)
or a court's failure to [file or] serve notice as required by
Subsection (a) does not deprive the court of jurisdiction or
forfeit an otherwise timely filed claim or defense based on the
challenge to the constitutionality of a statute of this state.
SECTION 5. Sections 363.064(b) and (c), Health and Safety
Code, are amended to read as follows:
(b) If the boundaries of a municipal solid waste unit that
is no longer operating are known to be wholly on an identifiable
tract, the council of governments for the area in which the former
landfill unit is located shall notify the owner of land that
overlays the former landfill unit of the former use of the land and
shall notify the county clerk of the county or counties in which the
former landfill unit is located of the former use. The notice to the
county clerk must include:
(1) a description of the exact boundaries of the
former landfill unit or, if the exact boundaries are not known, the
best approximation of each unit's boundaries;
(2) a legal description of the parcel or parcels of
land in which the former landfill unit is located;
(3) notice of the former landfill unit's former use;
and
(4) notice of the restrictions on the land imposed by
this subchapter. [The notice requirements of this subsection do not
apply if the exact boundaries of a former landfill unit are not
known.]
(c) The county clerk shall record the descriptions and
notices submitted by a council of governments under Subsection (b).
The county clerk may prescribe the method of arranging and indexing
the descriptions and notices [on the deed records of land formerly
used as a municipal solid waste landfill a description of the exact
boundaries of the former landfill unit, or, if the exact boundaries
are not known, the best approximation of each unit's boundaries,
together with a legal description of the parcel or parcels of land
in which the former landfill unit is located, notice of its former
use, and notice of the restrictions on the development or lease of
the land imposed by this subchapter]. The county clerk shall make
the descriptions and notices [records] available for public
inspection.
SECTION 6. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 7. The changes in law made by this Act apply only to
a notice, report, description, petition, motion, or other pleading
provided or filed on or after the effective date of this Act.
SECTION 8. This Act takes effect September 1, 2013.
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