Texas 2013 - 83rd Regular

Texas House Bill HB3862 Compare Versions

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1	1	83R7116 PEP-D
2	2	By: Harper-Brown H.B. No. 3862
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 82nd 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 82nd
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 83rd Legislature, Regular Session, 2013. 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 83rd Legislature, Regular Session, 2013, 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 CIVIL PRACTICE AND REMEDIES CODE
48	48	SECTION 2.001. The heading to Chapter 83, Civil Practice
49	49	and Remedies Code, is amended to read as follows:
50	50	CHAPTER 83. USE OF FORCE OR DEADLY FORCE [IN DEFENSE OF PERSON]
51	51	ARTICLE 3. CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE
52	52	SECTION 3.001. Article 2.122(a), Code of Criminal
53	53	Procedure, as amended by Chapters 1223 (S.B. 530) and 1319 (S.B.
54	54	150), Acts of the 82nd Legislature, Regular Session, 2011, is
55	55	reenacted and amended to read as follows:
56	56	(a) The following named criminal investigators of the
57	57	United States shall not be deemed peace officers, but shall have the
58	58	powers of arrest, search, and seizure under the laws of this state
59	59	as to felony offenses only:
60	60	(1) Special Agents of the Federal Bureau of
61	61	Investigation;
62	62	(2) Special Agents of the Secret Service;
63	63	(3) Special Agents of the United States Immigration
64	64	and Customs Enforcement;
65	65	(4) Special Agents of the Bureau of Alcohol, Tobacco,
66	66	Firearms and Explosives;
67	67	(5) Special Agents of the United States Drug
68	68	Enforcement Administration;
69	69	(6) Inspectors of the United States Postal Inspection
70	70	Service;
71	71	(7) Special Agents of the Criminal Investigation
72	72	Division of the Internal Revenue Service;
73	73	(8) Civilian Special Agents of the United States Naval
74	74	Criminal Investigative Service;
75	75	(9) Marshals and Deputy Marshals of the United States
76	76	Marshals Service;
77	77	(10) Special Agents of the United States Department of
78	78	State, Bureau of Diplomatic Security;
79	79	(11) Special Agents of the Treasury Inspector General
80	80	for Tax Administration; [and]
81	81	(12) Special Agents of the Office of Inspector General
82	82	of the United States Social Security Administration; and
83	83	(13) [(12)] Special Agents of the Office of Inspector
84	84	General of the United States Department of Veterans Affairs.
85	85	SECTION 3.002. The heading to Chapter 7A, Code of Criminal
86	86	Procedure, is amended to read as follows:
87	87	CHAPTER 7A. PROTECTIVE ORDER FOR CERTAIN VICTIMS OF TRAFFICKING,
88	88	[OR] SEXUAL ASSAULT, OR STALKING
89	89	SECTION 3.003. Article 12.01, Code of Criminal Procedure,
90	90	as amended by Chapters 1 (S.B. 24), 122 (H.B. 3000), 222 (H.B. 253),
91	91	and 620 (S.B. 688), Acts of the 82nd Legislature, Regular Session,
92	92	2011, is reenacted and amended to read as follows:
93	93	Art. 12.01. FELONIES. Except as provided in Article 12.03,
94	94	felony indictments may be presented within these limits, and not
95	95	afterward:
96	96	(1) no limitation:
97	97	(A) murder and manslaughter;
98	98	(B) sexual assault under Section 22.011(a)(2),
99	99	Penal Code, or aggravated sexual assault under Section
100	100	22.021(a)(1)(B), Penal Code;
101	101	(C) sexual assault, if during the investigation
102	102	of the offense biological matter is collected and subjected to
103	103	forensic DNA testing and the testing results show that the matter
104	104	does not match the victim or any other person whose identity is
105	105	readily ascertained;
106	106	(D) continuous sexual abuse of young child or
107	107	children under Section 21.02, Penal Code;
108	108	(E) indecency with a child under Section 21.11,
109	109	Penal Code;
110	110	(F) an offense involving leaving the scene of an
111	111	accident under Section 550.021, Transportation Code, if the
112	112	accident resulted in the death of a person; [or]
113	113	(G) trafficking of persons under Section
114	114	20A.02(a)(7) or (8), Penal Code; or
115	115	(H) [(G)] continuous trafficking of persons
116	116	under Section 20A.03, Penal Code;
117	117	(2) ten years from the date of the commission of the
118	118	offense:
119	119	(A) theft of any estate, real, personal or mixed,
120	120	by an executor, administrator, guardian or trustee, with intent to
121	121	defraud any creditor, heir, legatee, ward, distributee,
122	122	beneficiary or settlor of a trust interested in such estate;
123	123	(B) theft by a public servant of government
124	124	property over which he exercises control in his official capacity;
125	125	(C) forgery or the uttering, using or passing of
126	126	forged instruments;
127	127	(D) injury to an elderly or disabled individual
128	128	punishable as a felony of the first degree under Section 22.04,
129	129	Penal Code;
130	130	(E) sexual assault, except as provided by
131	131	Subdivision (1);
132	132	(F) arson;
133	133	(G) trafficking of persons under Section
134	134	20A.02(a)(1), (2), (3), or (4), Penal Code; or
135	135	(H) compelling prostitution under Section
136	136	43.05(a)(1), Penal Code;
137	137	(3) seven years from the date of the commission of the
138	138	offense:
139	139	(A) misapplication of fiduciary property or
140	140	property of a financial institution;
141	141	(B) securing execution of document by deception;
142	142	(C) a felony violation under Chapter 162, Tax
143	143	Code;
144	144	(D) false statement to obtain property or credit
145	145	under Section 32.32, Penal Code;
146	146	(E) money laundering;
147	147	(F) credit card or debit card abuse under Section
148	148	32.31, Penal Code;
149	149	(G) fraudulent use or possession of identifying
150	150	information under Section 32.51, Penal Code; [or]
151	151	(H) Medicaid fraud under Section 35A.02, Penal
152	152	Code; or
153	153	(I) [(H)] bigamy under Section 25.01, Penal
154	154	Code, except as provided by Subdivision (6);
155	155	(4) five years from the date of the commission of the
156	156	offense:
157	157	(A) theft or robbery;
158	158	(B) except as provided by Subdivision (5),
159	159	kidnapping or burglary;
160	160	(C) injury to an elderly or disabled individual
161	161	that is not punishable as a felony of the first degree under Section
162	162	22.04, Penal Code;
163	163	(D) abandoning or endangering a child; or
164	164	(E) insurance fraud;
165	165	(5) if the investigation of the offense shows that the
166	166	victim is younger than 17 years of age at the time the offense is
167	167	committed, 20 years from the 18th birthday of the victim of one of
168	168	the following offenses:
169	169	(A) sexual performance by a child under Section
170	170	43.25, Penal Code;
171	171	(B) aggravated kidnapping under Section
172	172	20.04(a)(4), Penal Code, if the defendant committed the offense
173	173	with the intent to violate or abuse the victim sexually; or
174	174	(C) burglary under Section 30.02, Penal Code, if
175	175	the offense is punishable under Subsection (d) of that section and
176	176	the defendant committed the offense with the intent to commit an
177	177	offense described by Subdivision (1)(B) or (D) of this article or
178	178	Paragraph (B) of this subdivision;
179	179	(6) ten years from the 18th birthday of the victim of
180	180	the offense:
181	181	(A) trafficking of persons under Section
182	182	20A.02(a)(5) or (6), Penal Code;
183	183	(B) injury to a child under Section 22.04, Penal
184	184	Code; [or]
185	185	(C) compelling prostitution under Section
186	186	43.05(a)(2), Penal Code; or
187	187	(D) [(B)] bigamy under Section 25.01, Penal
188	188	Code, if the investigation of the offense shows that the person,
189	189	other than the legal spouse of the defendant, whom the defendant
190	190	marries or purports to marry or with whom the defendant lives under
191	191	the appearance of being married is younger than 18 years of age at
192	192	the time the offense is committed; or
193	193	(7) three years from the date of the commission of the
194	194	offense: all other felonies.
195	195	SECTION 3.004. Article 13.12, Code of Criminal Procedure,
196	196	as amended by Chapters 1 (S.B. 24) and 223 (H.B. 260), Acts of the
197	197	82nd Legislature, Regular Session, 2011, is reenacted to read as
198	198	follows:
199	199	Art. 13.12. TRAFFICKING OF PERSONS, FALSE IMPRISONMENT,
200	200	KIDNAPPING, AND SMUGGLING OF PERSONS. Venue for trafficking of
201	201	persons, false imprisonment, kidnapping, and smuggling of persons
202	202	is in:
203	203	(1) the county in which the offense was committed; or
204	204	(2) any county through, into, or out of which the
205	205	person trafficked, falsely imprisoned, kidnapped, or transported
206	206	may have been taken.
207	207	SECTION 3.005. Article 20.151(c), Code of Criminal
208	208	Procedure, as added by Chapters 1031 (H.B. 2847) and 1341 (S.B.
209	209	1233), Acts of the 82nd Legislature, Regular Session, 2011, is
210	210	reenacted and amended to read as follows:
211	211	(c) Testimony received from a peace officer under this
212	212	article shall be recorded in the same manner as other testimony
213	213	taken before the grand jury and shall be preserved.
214	214	SECTION 3.006. Article 38.31(g)(2), Code of Criminal
215	215	Procedure, is amended to correct a reference to read as follows:
216	216	(2) "Qualified interpreter" means an interpreter for
217	217	the deaf who holds a current legal certificate issued by the
218	218	National Registry of Interpreters for the Deaf or a current court
219	219	interpreter certificate issued by the Board for Evaluation of
220	220	Interpreters at the Department of Assistive and [or] Rehabilitative
221	221	Services.
222	222	SECTION 3.007. Section 21(e), Article 42.12, Code of
223	223	Criminal Procedure, is amended to correct a reference to read as
224	224	follows:
225	225	(e) A court retains jurisdiction to hold a hearing under
226	226	Subsection (b-2) [(b)] and to revoke, continue, or modify community
227	227	supervision, regardless of whether the period of community
228	228	supervision imposed on the defendant has expired, if before the
229	229	expiration the attorney representing the state files a motion to
230	230	revoke, continue, or modify community supervision and a capias is
231	231	issued for the arrest of the defendant.
232	232	SECTION 3.008. Section 24, Article 42.12, Code of Criminal
233	233	Procedure, is amended to correct a reference to read as follows:
234	234	Sec. 24. DUE DILIGENCE DEFENSE. For the purposes of a
235	235	hearing under Section 5(b) or 21(b-2) [21(b)], it is an affirmative
236	236	defense to revocation for an alleged failure to report to a
237	237	supervision officer as directed or to remain within a specified
238	238	place that a supervision officer, peace officer, or other officer
239	239	with the power of arrest under a warrant issued by a judge for that
240	240	alleged violation failed to contact or attempt to contact the
241	241	defendant in person at the defendant's last known residence address
242	242	or last known employment address, as reflected in the files of the
243	243	department serving the county in which the order of community
244	244	supervision was entered.
245	245	SECTION 3.009. Article 45.0511(p), Code of Criminal
246	246	Procedure, is amended to correct a reference to read as follows:
247	247	(p) The court shall advise a defendant charged with a
248	248	misdemeanor under Section 472.022, Transportation Code, Subtitle
249	249	C, Title 7, Transportation Code, or Section 729.001(a)(3),
250	250	Transportation Code, committed while operating a motor vehicle of
251	251	the defendant's right under this article to successfully complete a
252	252	driving safety course or, if the offense was committed while
253	253	operating a motorcycle, a motorcycle operator training course. The
254	254	right to complete a course does not apply to a defendant charged
255	255	with:
256	256	(1) a violation of Section 545.066, 550.022, or
257	257	550.023, Transportation Code;
258	258	(2) a serious traffic violation; or
259	259	(3) an offense to which Section 542.404 [or
260	260	729.004(b)], Transportation Code, applies.
261	261	SECTION 3.010. (a) The heading to Article 46B.0095, Code of
262	262	Criminal Procedure, as amended by Chapters 718 (H.B. 748) and 822
263	263	(H.B. 2725), Acts of the 82nd Legislature, Regular Session, 2011,
264	264	is reenacted to read as follows:
265	265	Art. 46B.0095. MAXIMUM PERIOD OF COMMITMENT OR OUTPATIENT
266	266	TREATMENT PROGRAM PARTICIPATION DETERMINED BY MAXIMUM TERM FOR
267	267	OFFENSE.
268	268	(b) Article 46B.0095(a), Code of Criminal Procedure, as
269	269	amended by Chapters 718 (H.B. 748) and 822 (H.B. 2725), Acts of the
270	270	82nd Legislature, Regular Session, 2011, is reenacted to read as
271	271	follows:
272	272	(a) A defendant may not, under Subchapter D or E or any other
273	273	provision of this chapter, be committed to a mental hospital or
274	274	other inpatient or residential facility, ordered to participate in
275	275	an outpatient treatment program, or subjected to both inpatient and
276	276	outpatient treatment for a cumulative period that exceeds the
277	277	maximum term provided by law for the offense for which the defendant
278	278	was to be tried, except that if the defendant is charged with a
279	279	misdemeanor and has been ordered only to participate in an
280	280	outpatient treatment program under Subchapter D or E, the maximum
281	281	period of restoration is two years.
282	282	(c) Article 46B.0095(b), Code of Criminal Procedure, as
283	283	amended by Chapters 718 (H.B. 748) and 822 (H.B. 2725), Acts of the
284	284	82nd Legislature, Regular Session, 2011, is reenacted to read as
285	285	follows:
286	286	(b) On expiration of the maximum restoration period under
287	287	Subsection (a), the mental hospital or other inpatient or
288	288	residential facility or outpatient treatment program provider
289	289	identified in the most recent order of commitment or order of
290	290	outpatient treatment program participation under this chapter
291	291	shall assess the defendant to determine if civil proceedings under
292	292	Subtitle C or D, Title 7, Health and Safety Code, are
293	293	appropriate. The defendant may be confined for an additional
294	294	period in a mental hospital or other inpatient or residential
295	295	facility or ordered to participate for an additional period in an
296	296	outpatient treatment program, as appropriate, only pursuant to
297	297	civil proceedings conducted under Subtitle C or D, Title 7, Health
298	298	and Safety Code, by a court with probate jurisdiction.
299	299	(d) Article 46B.0095(c), Code of Criminal Procedure, as
300	300	added by Chapters 718 (H.B. 748) and 822 (H.B. 2725), Acts of the
301	301	82nd Legislature, Regular Session, 2011, is reenacted to read as
302	302	follows:
303	303	(c) The cumulative period described by Subsection (a):
304	304	(1) begins on the date the initial order of commitment
305	305	or initial order for outpatient treatment program participation is
306	306	entered under this chapter; and
307	307	(2) in addition to any inpatient or outpatient
308	308	treatment periods described by Subsection (a), includes any time
309	309	that, following the entry of an order described by Subdivision (1),
310	310	the defendant is confined in a correctional facility, as defined by
311	311	Section 1.07, Penal Code, or is otherwise in the custody of the
312	312	sheriff during or while awaiting, as applicable:
313	313	(A) the defendant's transfer to a mental hospital
314	314	or other inpatient or residential facility;
315	315	(B) the defendant's release on bail to
316	316	participate in an outpatient treatment program; or
317	317	(C) a criminal trial following any temporary
318	318	restoration of the defendant's competency to stand trial.
319	319	SECTION 3.011. Article 56.39(a), Code of Criminal
320	320	Procedure, is amended to update a reference to read as follows:
321	321	(a) An order for a mental or physical examination or an
322	322	autopsy as provided by Article 56.38(c)(2) [56.38(c)(3)] may be
323	323	made for good cause shown on notice to the individual to be examined
324	324	and to all persons who have appeared.
325	325	SECTION 3.012. Article 102.017(d-1), Code of Criminal
326	326	Procedure, as amended by Chapters 664 (S.B. 1521) and 1031 (H.B.
327	327	2847), Acts of the 82nd Legislature, Regular Session, 2011, is
328	328	reenacted and amended to read as follows:
329	329	(d-1) For purposes of this article, the term "security
330	330	personnel, services, and items" includes:
331	331	(1) the purchase or repair of X-ray machines and
332	332	conveying systems;
333	333	(2) handheld metal detectors;
334	334	(3) walkthrough metal detectors;
335	335	(4) identification cards and systems;
336	336	(5) electronic locking and surveillance equipment;
337	337	(6) video teleconferencing systems;
338	338	(7) bailiffs, deputy sheriffs, deputy constables, or
339	339	contract security personnel during times when they are providing
340	340	appropriate security services;
341	341	(8) signage;
342	342	(9) confiscated weapon inventory and tracking
343	343	systems;
344	344	(10) locks, chains, alarms, or similar security
345	345	devices;
346	346	(11) the purchase or repair of bullet-proof glass;
347	347	(12) continuing education on security issues for court
348	348	personnel and security personnel; and
349	349	(13) [(12)] warrant officers and related equipment.
350	350	ARTICLE 4. CHANGES RELATING TO EDUCATION CODE
351	351	SECTION 4.001. Section 21.044, Education Code, as amended
352	352	by Chapters 635 (S.B. 866) and 926 (S.B. 1620), Acts of the 82nd
353	353	Legislature, Regular Session, 2011, is reenacted and amended to
354	354	read as follows:
355	355	Sec. 21.044. EDUCATOR PREPARATION. (a) The board shall
356	356	propose rules establishing the training requirements a person must
357	357	accomplish to obtain a certificate, enter an internship, or enter
358	358	an induction-year program. The board shall specify the minimum
359	359	academic qualifications required for a certificate.
360	360	(b) Any minimum academic qualifications for a certificate
361	361	specified under Subsection (a) that require a person to possess a
362	362	bachelor's degree must also require that the person receive, as
363	363	part of the curriculum for that degree, instruction in detection
364	364	and education of students with dyslexia. This subsection does not
365	365	apply to a person who obtains a certificate through an alternative
366	366	certification program adopted under Section 21.049.
367	367	(c) The instruction under Subsection (b) must:
368	368	(1) be developed by a panel of experts in the diagnosis
369	369	and treatment of dyslexia who are:
370	370	(A) employed by institutions of higher
371	371	education; and
372	372	(B) approved by the board; and
373	373	(2) include information on:
374	374	(A) characteristics of dyslexia;
375	375	(B) identification of dyslexia; and
376	376	(C) effective, multisensory strategies for
377	377	teaching students with dyslexia.
378	378	(d) [(b)] In proposing rules under this section, the board
379	379	shall specify that to obtain a certificate to teach an "applied STEM
380	380	course," as that term is defined by Section 28.027, at a secondary
381	381	school, a person must:
382	382	(1) pass the certification test administered by the
383	383	recognized national or international business and industry group
384	384	that created the curriculum the applied STEM course is based on; and
385	385	(2) have at a minimum:
386	386	(A) an associate degree from an accredited
387	387	institution of higher education; and
388	388	(B) three years of work experience in an
389	389	occupation for which the applied STEM course is intended to prepare
390	390	the student.
391	391	SECTION 4.002. Section 25.001(e), Education Code, is
392	392	amended to correct a reference to read as follows:
393	393	(e) A school district may request that the commissioner
394	394	waive the requirement that the district admit a foreign exchange
395	395	student who meets the conditions of Subsection (b)(6) [(b)(5)].
396	396	The commissioner shall respond to a district's request not later
397	397	than the 60th day after the date of receipt of the request. The
398	398	commissioner shall grant the request and issue a waiver effective
399	399	for a period not to exceed three years if the commissioner
400	400	determines that admission of a foreign exchange student would:
401	401	(1) create a financial or staffing hardship for the
402	402	district;
403	403	(2) diminish the district's ability to provide high
404	404	quality educational services for the district's domestic students;
405	405	or
406	406	(3) require domestic students to compete with foreign
407	407	exchange students for educational resources.
408	408	SECTION 4.003. Section 28.0212(g), Education Code, as added
409	409	by Chapter 763 (H.B. 3485), Acts of the 80th Legislature, Regular
410	410	Session, 2007, is repealed as duplicative of Section 28.0212(e),
411	411	Education Code, as added by Chapter 1058 (H.B. 2237), Acts of the
412	412	80th Legislature, Regular Session, 2007.
413	413	SECTION 4.004. The heading to Section 30A.054, Education
414	414	Code, is amended to read as follows:
415	415	Sec. 30A.054. STUDENT PERFORMANCE INFORMATION [REPORTS].
416	416	SECTION 4.005. Section 39.0233(a), Education Code, is
417	417	amended to correct a reference to read as follows:
418	418	(a) The agency, in coordination with the Texas Higher
419	419	Education Coordinating Board, shall adopt a series of questions to
420	420	be included in an end-of-course assessment instrument administered
421	421	under Section 39.023(c) to be used for purposes of Section 51.3062.
422	422	The questions adopted under this subsection must be developed in a
423	423	manner consistent with any college readiness standards adopted
424	424	under Sections 39.233 [39.113] and 51.3062.
425	425	SECTION 4.006. Section 39.0302(a), Education Code, is
426	426	amended to correct a reference to read as follows:
427	427	(a) During an agency investigation or audit of a school
428	428	district under Section 39.0301(e) or (f), an accreditation
429	429	investigation under Section 39.057(a)(8) [39.075(a)(8)], or an
430	430	investigation by the State Board for Educator Certification of an
431	431	educator for an alleged violation of an assessment instrument
432	432	security procedure established under Section 39.0301(a), the
433	433	commissioner may issue a subpoena to compel the attendance of a
434	434	relevant witness or the production, for inspection or copying, of
435	435	relevant evidence that is located in this state.
436	436	SECTION 4.007. The heading to Section 51.403, Education
437	437	Code, is amended to read as follows:
438	438	Sec. 51.403. ECONOMIC JUSTIFICATION FOR COURSES; REPORTS OF
439	439	STUDENT ENROLLMENT AND ACADEMIC PERFORMANCE.
440	440	SECTION 4.008. Section 51.803(a), Education Code, is
441	441	amended to correct a reference to read as follows:
442	442	(a) Subject to Subsection (a-1), each general academic
443	443	teaching institution shall admit an applicant for admission to the
444	444	institution as an undergraduate student if the applicant graduated
445	445	with a grade point average in the top 10 percent of the student's
446	446	high school graduating class in one of the two school years
447	447	preceding the academic year for which the applicant is applying for
448	448	admission and:
449	449	(1) the applicant graduated from a public or private
450	450	high school in this state accredited by a generally recognized
451	451	accrediting organization or from a high school operated by the
452	452	United States Department of Defense;
453	453	(2) the applicant:
454	454	(A) successfully completed:
455	455	(i) at a public high school, the curriculum
456	456	requirements established under Section 28.025 for the recommended
457	457	or advanced high school program; or
458	458	(ii) at a high school to which Section
459	459	28.025 does not apply, a curriculum that is equivalent in content
460	460	and rigor to the recommended or advanced high school program; or
461	461	(B) satisfied ACT's College Readiness Benchmarks
462	462	on the ACT assessment applicable to the applicant or earned on the
463	463	SAT assessment a score of at least 1,500 out of 2,400 or the
464	464	equivalent; and
465	465	(3) if the applicant graduated from a high school
466	466	operated by the United States Department of Defense, the applicant
467	467	is a Texas resident under Section 54.052 or is entitled to pay
468	468	tuition fees at the rate provided for Texas residents under Section
469	469	54.241(d) [54.058(d)] for the term or semester to which admitted.
470	470	SECTION 4.009. Section 54.341(b-2), Education Code, which
471	471	was redesignated from Section 54.203(b-2), Education Code, by
472	472	Chapter 359 (S.B. 32), Acts of the 82nd Legislature, Regular
473	473	Session, 2011, is repealed to conform to the repeal of Section
474	474	54.203(b-2), Education Code, by Chapter 404 (S.B. 639), Acts of the
475	475	82nd Legislature, Regular Session, 2011.
476	476	SECTION 4.010. (a) Sections 54.353 and 54.3531, Education
477	477	Code, which were added by Section 17, Chapter 359 (S.B. 32), Acts of
478	478	the 82nd Legislature, Regular Session, 2011, as a nonsubstantive
479	479	redesignation of the two versions of Section 54.208, Education
480	480	Code, as amended by Chapters 1285 (H.B. 2013) and 1299 (H.B. 2347),
481	481	Acts of the 81st Legislature, Regular Session, 2009, are reenacted
482	482	to conform to the reenactment of Section 54.208, Education Code,
483	483	and the addition of Section 54.2081, Education Code, by Chapter 959
484	484	(H.B. 1163), Acts of the 82nd Legislature, Regular Session, 2011,
485	485	to read as follows:
486	486	Sec. 54.353. FIREFIGHTERS ENROLLED IN FIRE SCIENCE COURSES.
487	487	(a) The governing board of an institution of higher education shall
488	488	exempt from the payment of tuition and laboratory fees any student
489	489	enrolled in one or more courses offered as part of a fire science
490	490	curriculum who:
491	491	(1) is employed as a firefighter by a political
492	492	subdivision of this state; or
493	493	(2) is currently, and has been for at least one year,
494	494	an active member of an organized volunteer fire department in this
495	495	state, as defined by the fire fighters' pension commissioner, who
496	496	holds:
497	497	(A) an Accredited Advanced level of
498	498	certification, or an equivalent successor certification, under the
499	499	State Firemen's and Fire Marshals' Association of Texas volunteer
500	500	certification program; or
501	501	(B) Phase V (Firefighter II) certification, or an
502	502	equivalent successor certification, under the Texas Commission on
503	503	Fire Protection's voluntary certification program under Section
504	504	419.071, Government Code.
505	505	(b) An exemption provided under this section does not apply
506	506	to deposits that may be required in the nature of security for the
507	507	return or proper care of property loaned for the use of students.
508	508	(c) Notwithstanding Subsection (a), a student who for a
509	509	semester or term at an institution of higher education receives an
510	510	exemption under this section may continue to receive the exemption
511	511	for a subsequent semester or term at any institution only if the
512	512	student makes satisfactory academic progress toward a degree or
513	513	certificate at that institution as determined by the institution
514	514	for purposes of financial aid.
515	515	(d) Notwithstanding Subsection (a), the exemption provided
516	516	under this section does not apply to any amount of additional
517	517	tuition the institution elects to charge a resident undergraduate
518	518	student under Section 54.014(a) or (f).
519	519	(e) Notwithstanding Subsection (a), the exemption provided
520	520	under this section does not apply to any amount of tuition the
521	521	institution charges a graduate student in excess of the amount of
522	522	tuition charged to similarly situated graduate students because the
523	523	student has a number of semester credit hours of doctoral work in
524	524	excess of the applicable number provided by Section 61.059(l)(1) or
525	525	(2).
526	526	(f) The Texas Higher Education Coordinating Board shall
527	527	adopt:
528	528	(1) rules governing the granting or denial of an
529	529	exemption under this section, including rules relating to the
530	530	determination of a student's eligibility for an exemption; and
531	531	(2) a uniform listing of degree programs covered by
532	532	the exemption under this section.
533	533	Sec. 54.3531. PEACE OFFICERS ENROLLED IN CERTAIN COURSES.
534	534	(a) The governing board of an institution of higher education
535	535	shall exempt from the payment of tuition and laboratory fees
536	536	charged by the institution for a criminal justice or law
537	537	enforcement course or courses an undergraduate student who:
538	538	(1) is employed as a peace officer by this state or by
539	539	a political subdivision of this state;
540	540	(2) is enrolled in a criminal justice or law
541	541	enforcement-related degree program at the institution;
542	542	(3) is making satisfactory academic progress toward
543	543	the student's degree as determined by the institution; and
544	544	(4) applies for the exemption at least one week before
545	545	the last date of the institution's regular registration period for
546	546	the applicable semester or other term.
547	547	(b) Notwithstanding Subsection (a), a student may not
548	548	receive an exemption under this section for any course if the
549	549	student has previously attempted a number of semester credit hours
550	550	for courses taken at any institution of higher education while
551	551	classified as a resident student for tuition purposes in excess of
552	552	the maximum number of those hours specified by Section 61.0595(a)
553	553	as eligible for funding under the formulas established under
554	554	Section 61.059.
555	555	(c) Notwithstanding Subsection (a), the governing board of
556	556	an institution of higher education may not provide exemptions under
557	557	this section to students enrolled in a specific class in a number
558	558	that exceeds 20 percent of the maximum student enrollment
559	559	designated by the institution for that class.
560	560	(d) An exemption provided under this section does not apply
561	561	to deposits that may be required in the nature of security for the
562	562	return or proper care of property loaned for the use of students.
563	563	(e) The Texas Higher Education Coordinating Board shall
564	564	adopt:
565	565	(1) rules governing the granting or denial of an
566	566	exemption under this section, including rules relating to the
567	567	determination of a student's eligibility for an exemption; and
568	568	(2) a uniform listing of degree programs covered by
569	569	the exemption under this section.
570	570	(f) If the legislature does not specifically appropriate
571	571	funds to an institution of higher education in an amount sufficient
572	572	to pay the institution's costs in complying with this section for a
573	573	semester, the governing board of the institution of higher
574	574	education shall report to the Senate Finance Committee and the
575	575	House Appropriations Committee the cost to the institution of
576	576	complying with this section for that semester.
577	577	(b) Sections 54.208 and 54.2081, Education Code, are
578	578	repealed.
579	579	SECTION 4.011. Section 61.0815(c), Education Code, as
580	580	amended by Chapter 990 (H.B. 1781), Acts of the 82nd Legislature,
581	581	Regular Session, 2011, is repealed to conform to the repeal of
582	582	Section 61.0815, Education Code, by Chapter 1049 (S.B. 5), Acts of
583	583	the 82nd Legislature, Regular Session, 2011.
584	584	SECTION 4.012. Section 88.216(a), Education Code, is
585	585	amended to correct references to read as follows:
586	586	(a) The Agriculture and Wildlife Research and Management
587	587	Advisory Committee is an advisory committee of the Texas
588	588	Agricultural Experiment Station and is composed of:
589	589	(1) one representative of the Texas Agricultural
590	590	Experiment Station, appointed by the director of the Texas
591	591	Agricultural Experiment Station;
592	592	(2) one representative of the Texas AgriLife
593	593	[Agricultural] Extension Service, appointed by the director of the
594	594	Texas AgriLife [Agricultural] Extension Service;
595	595	(3) one representative of Texas Tech University,
596	596	appointed by the dean of the College of Agriculture of Texas Tech
597	597	University;
598	598	(4) one representative of The University of Texas at
599	599	Austin, appointed by the vice president for research of The
600	600	University of Texas System;
601	601	(5) one representative of the Department of
602	602	Agriculture, appointed by the commissioner of agriculture;
603	603	(6) one representative of the Parks and Wildlife
604	604	Department, appointed by the director of the department;
605	605	(7) one representative of the Texas Water Development
606	606	Board, appointed by the executive administrator [director] of the
607	607	board;
608	608	(8) one representative of county government,
609	609	appointed by the governor;
610	610	(9) one representative of the general public,
611	611	appointed by the governor;
612	612	(10) one representative of the agribusiness industry,
613	613	appointed by the governor;
614	614	(11) one representative of environmental interests,
615	615	appointed by the governor;
616	616	(12) one representative of wildlife interests,
617	617	appointed by the governor; and
618	618	(13) one representative of the Texas rice industry,
619	619	appointed by the governor.
620	620	SECTION 4.013. Section 130.0012(h), Education Code, is
621	621	amended to correct a typographical error to read as follows:
622	622	(h) Each public junior college offering a baccalaureate
623	623	degree program under this section shall prepare a biennial report
624	624	on the operation and effectiveness of the junior college's
625	625	baccalaureate degree programs and shall deliver a copy of the
626	626	report to the coordinating board in the form and at the time
627	627	determined by the coordinating board.[.]
628	628	ARTICLE 5. CHANGES RELATING TO ELECTION CODE
629	629	SECTION 5.001. Section 13.031(d), Election Code, as amended
630	630	by Chapters 1002 (H.B. 2194) and 1164 (H.B. 2817), Acts of the 82nd
631	631	Legislature, Regular Session, 2011, is reenacted and amended to
632	632	read as follows:
633	633	(d) To be eligible for appointment as a volunteer deputy
634	634	registrar, a person must:
635	635	(1) be 18 years of age or older;
636	636	(2) not have been finally convicted of a felony or, if
637	637	so convicted, must have:
638	638	(A) fully discharged the person's sentence,
639	639	including any term of incarceration, parole, or supervision, or
640	640	completed a period of probation ordered by any court; or
641	641	(B) been pardoned or otherwise released from the
642	642	resulting disability to vote; [and]
643	643	(3) meet the requirements to be a qualified voter
644	644	under Section 11.002 except that the person is not required to be a
645	645	registered voter; and
646	646	(4) [(3)] not have been finally convicted of an
647	647	offense under Section 32.51, Penal Code.
648	648	SECTION 5.002. Section 15.022(a), Election Code, as amended
649	649	by Chapters 123 (S.B. 14) and 1002 (H.B. 2194), Acts of the 82nd
650	650	Legislature, Regular Session, 2011, is reenacted to read as
651	651	follows:
652	652	(a) The registrar shall make the appropriate corrections in
653	653	the registration records, including, if necessary, deleting a
654	654	voter's name from the suspense list:
655	655	(1) after receipt of a notice of a change in
656	656	registration information under Section 15.021;
657	657	(2) after receipt of a voter's reply to a notice of
658	658	investigation given under Section 16.033;
659	659	(3) after receipt of any affidavits executed under
660	660	Section 63.006, following an election;
661	661	(4) after receipt of a voter's statement of residence
662	662	executed under Section 63.0011;
663	663	(5) before the effective date of the abolishment of a
664	664	county election precinct or a change in its boundary;
665	665	(6) after receipt of United States Postal Service
666	666	information indicating an address reclassification;
667	667	(7) after receipt of a voter's response under Section
668	668	15.053; or
669	669	(8) after receipt of a registration application or
670	670	change of address under Chapter 20.
671	671	SECTION 5.003. Section 16.001(d), Election Code, as added
672	672	by Chapter 650 (S.B. 1046), Acts of the 82nd Legislature, Regular
673	673	Session, 2011, is repealed as duplicative of Sections 16.001(d) and
674	674	18.068, Election Code, as added by Chapter 683 (H.B. 174), Acts of
675	675	the 82nd Legislature, Regular Session, 2011.
676	676	SECTION 5.004. Section 16.031(b), Election Code, as amended
677	677	by Chapters 650 (S.B. 1046) and 683 (H.B. 174), Acts of the 82nd
678	678	Legislature, Regular Session, 2011, is reenacted to read as
679	679	follows:
680	680	(b) The registrar shall cancel a voter's registration
681	681	immediately if the registrar:
682	682	(1) determines from information received under
683	683	Section 16.001(c) that the voter is deceased;
684	684	(2) has personal knowledge that the voter is deceased;
685	685	(3) receives from a person related within the second
686	686	degree by consanguinity or affinity, as determined under Chapter
687	687	573, Government Code, to the voter a sworn statement by that person
688	688	indicating that the voter is deceased; or
689	689	(4) receives notice from the secretary of state under
690	690	Section 18.068 that the voter is deceased.
691	691	SECTION 5.005. The heading to Section 19.001, Election
692	692	Code, is amended to read as follows:
693	693	Sec. 19.001. STATEMENT OF REGISTRATIONS SUBMITTED TO
694	694	SECRETARY OF STATE [COMPTROLLER].
695	695	SECTION 5.006. Section 66.0241, Election Code, as amended
696	696	by Chapters 123 (S.B. 14) and 1002 (H.B. 2194), Acts of the 82nd
697	697	Legislature, Regular Session, 2011, is reenacted to read as
698	698	follows:
699	699	Sec. 66.0241. CONTENTS OF ENVELOPE NO. 4. Envelope no. 4
700	700	must contain:
701	701	(1) the precinct list of registered voters;
702	702	(2) the registration correction list;
703	703	(3) any statements of residence executed under Section
704	704	63.0011; and
705	705	(4) any affidavits executed under Section 63.006 or
706	706	63.011.
707	707	ARTICLE 6. CHANGES RELATING TO ESTATES CODE
708	708	SECTION 6.001. Sections 21.001(b) and (c), Estates Code, as
709	709	effective January 1, 2014, are amended to conform to Section 2.54,
710	710	Chapter 1338 (S.B. 1198), Acts of the 82nd Legislature, Regular
711	711	Session, 2011, to read as follows:
712	712	(b) Consistent with the objectives of the statutory
713	713	revision program, the purpose of this code, except Subtitle
714	714	[Subtitles] X [and Y], Title 2, and Subtitles Y and Z, Title 3, is to
715	715	make the law encompassed by this code, except Subtitle [Subtitles]
716	716	X [and Y], Title 2, and Subtitles Y and Z, Title 3, more accessible
717	717	and understandable by:
718	718	(1) rearranging the statutes into a more logical
719	719	order;
720	720	(2) employing a format and numbering system designed
721	721	to facilitate citation of the law and to accommodate future
722	722	expansion of the law;
723	723	(3) eliminating repealed, duplicative,
724	724	unconstitutional, expired, executed, and other ineffective
725	725	provisions; and
726	726	(4) restating the law in modern American English to
727	727	the greatest extent possible.
728	728	(c) The provisions of Subtitle [Subtitles] X [and Y], Title
729	729	2, and Subtitles Y and Z, Title 3, are transferred from the Texas
730	730	Probate Code and redesignated as part of this code, but are not
731	731	revised as part of the state's continuing statutory revision
732	732	program.
733	733	SECTION 6.002. Section 21.002(b), Estates Code, as
734	734	effective January 1, 2014, is amended to conform to Section 2.54,
735	735	Chapter 1338 (S.B. 1198), Acts of the 82nd Legislature, Regular
736	736	Session, 2011, to read as follows:
737	737	(b) Chapter 311, Government Code (Code Construction Act),
738	738	does not apply to the construction of a provision of Subtitle X [or
739	739	Y], Title 2, or Subtitle Y or Z, Title 3.
740	740	SECTION 6.003. Section 21.003(b), Estates Code, as
741	741	effective January 1, 2014, is amended to conform to Section 2.54,
742	742	Chapter 1338 (S.B. 1198), Acts of the 82nd Legislature, Regular
743	743	Session, 2011, to read as follows:
744	744	(b) A reference in Subtitle X [or Y], Title 2, or Subtitle Y
745	745	or Z, Title 3, to a chapter, a part, a subpart, a section, or any
746	746	portion of a section "of this code" is a reference to the chapter,
747	747	part, subpart, section, or portion of a section as redesignated in
748	748	the Estates Code, except that:
749	749	(1) a reference in Subtitle X [or Y], Title 2, or
750	750	Subtitle Y or Z, Title 3, to Chapter I is a reference to Chapter I,
751	751	Estates Code, and to the revision of sections derived from Chapter
752	752	I, Texas Probate Code, and any reenactments and amendments to those
753	753	sections; and
754	754	(2) a reference in Subtitle X [or Y], Title 2, or
755	755	Subtitle Y or Z, Title 3, to a chapter, part, subpart, section, or
756	756	portion of a section that does not exist in the Estates Code is a
757	757	reference to the revision or redesignation of the corresponding
758	758	chapter, part, subpart, section, or portion of a section of the
759	759	Texas Probate Code and any reenactments or amendments.
760	760	SECTION 6.004. Section 21.005, Estates Code, as effective
761	761	January 1, 2014, is amended to conform to Section 2.54, Chapter 1338
762	762	(S.B. 1198), Acts of the 82nd Legislature, Regular Session, 2011,
763	763	to read as follows:
764	764	Sec. 21.005. APPLICABILITY OF CERTAIN LAWS.
765	765	Notwithstanding Section 21.002(b) of this code and Section 311.002,
766	766	Government Code:
767	767	(1) Section 311.032(c), Government Code, applies to
768	768	Subtitle [Subtitles] X [and Y], Title 2, and Subtitles Y and Z,
769	769	Title 3; and
770	770	(2) Sections 311.005(4) and 311.012(b) and (c),
771	771	Government Code, apply to Subtitle [Subtitles] X [and Y], Title 2,
772	772	and Subtitles Y and Z, Title 3.
773	773	SECTION 6.005. Section 22.001(b), Estates Code, as
774	774	effective January 1, 2014, is amended to conform to Sections 1.02
775	775	and 3.02(c), Chapter 823 (H.B. 2759), Acts of the 82nd Legislature,
776	776	Regular Session, 2011, to read as follows:
777	777	(b) If Title 3 [Chapter XIII] provides a definition for a
778	778	term that is different from the definition provided by this
779	779	chapter, the definition for the term provided by Title 3 [Chapter
780	780	XIII] applies in that title [chapter].
781	781	SECTION 6.006. Section 22.017, Estates Code, as effective
782	782	January 1, 2014, is amended to conform to Section 2.54, Chapter 1338
783	783	(S.B. 1198), Acts of the 82nd Legislature, Regular Session, 2011,
784	784	to read as follows:
785	785	Sec. 22.017. INDEPENDENT EXECUTOR. "Independent executor"
786	786	means the personal representative of an estate under independent
787	787	administration as provided by Chapter 401 and Section 402.001
788	788	[Section 145]. The term includes an independent administrator.
789	789	SECTION 6.007. Section 32.005(b), Estates Code, as
790	790	effective January 1, 2014, is amended to conform to Section 2.54,
791	791	Chapter 1338 (S.B. 1198), Acts of the 82nd Legislature, Regular
792	792	Session, 2011, to read as follows:
793	793	(b) This section shall be construed in conjunction and in
794	794	harmony with Chapter 401 and Section 402.001 [Section 145] and all
795	795	other sections of this title relating to independent executors, but
796	796	may not be construed to expand the court's control over an
797	797	independent executor.
798	798	SECTION 6.008. Subtitle A, Title 2, Estates Code, as
799	799	effective January 1, 2014, is amended by adding Chapter 34, and a
800	800	heading is added to that chapter to read as follows:
801	801	CHAPTER 34. MATTERS RELATING TO CERTAIN OTHER TYPES OF PROCEEDINGS
802	802	SECTION 6.009. Notwithstanding the transfer of Sections 5B
803	803	and 5C, Texas Probate Code, to the Estates Code and redesignation as
804	804	Sections 5B and 5C of that code effective January 1, 2014, by
805	805	Section 2, Chapter 680 (H.B. 2502), Acts of the 81st Legislature,
806	806	Regular Session, 2009, Sections 5B and 5C, Texas Probate Code, are
807	807	transferred to Chapter 34, Estates Code, as added by this Act,
808	808	redesignated as Sections 34.001 and 34.002, Estates Code, and
809	809	amended to read as follows:
810	810	Sec. 34.001 [5B]. TRANSFER TO STATUTORY PROBATE COURT OF
811	811	PROCEEDING RELATED TO PROBATE PROCEEDING. (a) A judge of a
812	812	statutory probate court, on the motion of a party to the action or
813	813	on the motion of a person interested in an estate, may transfer to
814	814	the judge's court from a district, county, or statutory court a
815	815	cause of action related to a probate proceeding pending in the
816	816	statutory probate court or a cause of action in which a personal
817	817	representative of an estate pending in the statutory probate court
818	818	is a party and may consolidate the transferred cause of action with
819	819	the other proceedings in the statutory probate court relating to
820	820	that estate.
821	821	(b) Notwithstanding any other provision of this subtitle,
822	822	Title 1, Subtitle X, Title 2, Chapter 51, 52, 53, 54, 55, or 151, or
823	823	Section 351.001, 351.002, 351.053, 351.352, 351.353, 351.354, or
824	824	351.355 [chapter], the proper venue for an action by or against a
825	825	personal representative for personal injury, death, or property
826	826	damages is determined under Section 15.007, Civil Practice and
827	827	Remedies Code.
828	828	Sec. 34.002 [5C]. ACTIONS TO COLLECT DELINQUENT PROPERTY
829	829	TAXES. (a) This section applies only to a decedent's estate that:
830	830	(1) is being administered in a pending probate
831	831	proceeding;
832	832	(2) owns or claims an interest in property against
833	833	which a taxing unit has imposed ad valorem taxes that are
834	834	delinquent; and
835	835	(3) is not being administered as an independent
836	836	administration under Chapter 401 and Section 402.001 [Section 145
837	837	of this code].
838	838	(b) Notwithstanding any provision of this code to the
839	839	contrary, if the probate proceedings are pending in a foreign
840	840	jurisdiction or in a county other than the county in which the taxes
841	841	were imposed, a suit to foreclose the lien securing payment of the
842	842	taxes or to enforce personal liability for the taxes must be brought
843	843	under Section 33.41, Tax Code, in a court of competent jurisdiction
844	844	in the county in which the taxes were imposed.
845	845	(c) If the probate proceedings have been pending for four
846	846	years or less in the county in which the taxes were imposed, the
847	847	taxing unit may present a claim for the delinquent taxes against the
848	848	estate to the personal representative of the estate in the probate
849	849	proceedings.
850	850	(d) If the taxing unit presents a claim against the estate
851	851	under Subsection (c) [of this section]:
852	852	(1) the claim of the taxing unit is subject to each
853	853	applicable provision in Subchapter A, Chapter 124, Subchapter B,
854	854	Chapter 308, Subchapter F, Chapter 351, and Chapters 355 and 356
855	855	[Parts 4 and 5, Chapter VIII, of this code] that relates to a claim
856	856	or the enforcement of a claim in a probate proceeding; and
857	857	(2) the taxing unit may not bring a suit in any other
858	858	court to foreclose the lien securing payment of the taxes or to
859	859	enforce personal liability for the delinquent taxes before the
860	860	first day after the fourth anniversary of the date the application
861	861	for the probate proceeding was filed.
862	862	(e) To foreclose the lien securing payment of the delinquent
863	863	taxes, the taxing unit must bring a suit under Section 33.41, Tax
864	864	Code, in a court of competent jurisdiction for the county in which
865	865	the taxes were imposed if:
866	866	(1) the probate proceedings have been pending in that
867	867	county for more than four years; and
868	868	(2) the taxing unit did not present a delinquent tax
869	869	claim under Subsection (c) [of this section] against the estate in
870	870	the probate proceeding.
871	871	(f) In a suit brought under Subsection (e) [of this
872	872	section], the taxing unit:
873	873	(1) shall make the personal representative of the
874	874	decedent's estate a party to the suit; and
875	875	(2) may not seek to enforce personal liability for the
876	876	taxes against the estate of the decedent.
877	877	SECTION 6.010. Section 152.001(b), Estates Code, as
878	878	effective January 1, 2014, is amended to conform to Section 2.54,
879	879	Chapter 1338 (S.B. 1198), Acts of the 82nd Legislature, Regular
880	880	Session, 2011, to read as follows:
881	881	(b) An applicant may file an application under this section
882	882	only if:
883	883	(1) an application or affidavit has not been filed and
884	884	is not pending under Section [145,] 256.052, 256.054, or 301.052 or
885	885	Chapter 205 or 401; and
886	886	(2) the applicant needs to:
887	887	(A) obtain funds for the payment of the
888	888	decedent's funeral and burial expenses; or
889	889	(B) gain access to accommodations rented by the
890	890	decedent that contain the decedent's personal property and the
891	891	applicant has been denied access to those accommodations.
892	892	SECTION 6.011. Section 152.102(b), Estates Code, as
893	893	effective January 1, 2014, is amended to conform to Section 2,
894	894	Chapter 707 (H.B. 549), Acts of the 82nd Legislature, Regular
895	895	Session, 2011, to read as follows:
896	896	(b) Subsection (a) applies:
897	897	(1) without regard to whether the decedent died
898	898	intestate or testate; [and]
899	899	(2) regardless of whether the surviving spouse is
900	900	designated by the decedent's will as the executor of the decedent's
901	901	estate; and
902	902	(3) subject to the prohibition described by Section
903	903	711.002(l), Health and Safety Code.
904	904	SECTION 6.012. Section 351.351, Estates Code, as effective
905	905	January 1, 2014, is amended to conform to Section 2.54, Chapter 1338
906	906	(S.B. 1198), Acts of the 82nd Legislature, Regular Session, 2011,
907	907	to read as follows:
908	908	Sec. 351.351. APPLICABILITY. This subchapter does not
909	909	apply to:
910	910	(1) the appointment of an independent executor or
911	911	administrator under Section 401.002 or 401.003(a) [145(c), (d), or
912	912	(e)]; or
913	913	(2) the appointment of a successor independent
914	914	executor under Section 404.005 [154A].
915	915	SECTION 6.013. Section 352.004, Estates Code, as effective
916	916	January 1, 2014, is amended to conform to Section 2.54, Chapter 1338
917	917	(S.B. 1198), Acts of the 82nd Legislature, Regular Session, 2011,
918	918	to read as follows:
919	919	Sec. 352.004. DENIAL OF COMPENSATION. The court may, on
920	920	application of an interested person or on the court's own motion,
921	921	wholly or partly deny a commission allowed by this subchapter if:
922	922	(1) the court finds that the executor or administrator
923	923	has not taken care of and managed estate property prudently; or
924	924	(2) the executor or administrator has been removed
925	925	under Section 404.003 [149C] or Subchapter B, Chapter 361.
926	926	SECTION 6.014. Section 1002.015, Estates Code, as effective
927	927	January 1, 2014, is amended to conform to Section 1, Chapter 1085
928	928	(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,
929	929	to read as follows:
930	930	Sec. 1002.015. [GUARDIANSHIP MATTER;] GUARDIANSHIP
931	931	PROCEEDING[; PROCEEDINGS IN GUARDIANSHIP; PROCEEDINGS FOR
932	932	GUARDIANSHIP]. The term [terms "guardianship matter,"]
933	933	"guardianship proceeding" means [proceeding," "proceedings in
934	934	guardianship," and "proceedings for guardianship" are synonymous
935	935	and include] a matter or proceeding related [relating] to a
936	936	guardianship or any other matter covered [addressed] by this title,
937	937	including:
938	938	(1) the appointment of a guardian of a minor or other
939	939	incapacitated person, including an incapacitated adult for whom
940	940	another court obtained continuing, exclusive jurisdiction in a suit
941	941	affecting the parent-child relationship when the person was a
942	942	child;
943	943	(2) an application, petition, or motion regarding
944	944	guardianship or an alternative to guardianship under this title;
945	945	(3) a mental health action; and
946	946	(4) an application, petition, or motion regarding a
947	947	trust created under Chapter 1301.
948	948	SECTION 6.015. (a) Subtitle B, Title 3, Estates Code, as
949	949	effective January 1, 2014, is amended to conform to Sections 2-7,
950	950	Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular
951	951	Session, 2011, and Sections 66.01-66.04, Chapter 4 (S.B. 1), Acts
952	952	of the 82nd Legislature, 1st Called Session, 2011, by adding
953	953	Chapters 1021, 1022, and 1023 to read as follows:
954	954	CHAPTER 1021. GENERAL PROVISIONS
955	955	Sec. 1021.001. MATTERS RELATED TO GUARDIANSHIP PROCEEDING.
956	956	(a) For purposes of this code, in a county in which there is no
957	957	statutory probate court, a matter related to a guardianship
958	958	proceeding includes:
959	959	(1) the granting of letters of guardianship;
960	960	(2) the settling of an account of a guardian and all
961	961	other matters relating to the settlement, partition, or
962	962	distribution of a ward's estate;
963	963	(3) a claim brought by or against a guardianship
964	964	estate;
965	965	(4) an action for trial of title to real property that
966	966	is guardianship estate property, including the enforcement of a
967	967	lien against the property;
968	968	(5) an action for trial of the right of property that
969	969	is guardianship estate property;
970	970	(6) after a guardianship of the estate of a ward is
971	971	required to be settled as provided by Section 1204.001:
972	972	(A) an action brought by or on behalf of the
973	973	former ward against a former guardian of the ward for alleged
974	974	misconduct arising from the performance of the person's duties as
975	975	guardian;
976	976	(B) an action calling on the surety of a guardian
977	977	or former guardian to perform in place of the guardian or former
978	978	guardian, which may include the award of a judgment against the
979	979	guardian or former guardian in favor of the surety;
980	980	(C) an action against a former guardian of the
981	981	former ward that is brought by a surety that is called on to perform
982	982	in place of the former guardian;
983	983	(D) a claim for the payment of compensation,
984	984	expenses, and court costs, and any other matter authorized under
985	985	Chapter 1155 and Subpart H, Part 2, Subtitle Z; and
986	986	(E) a matter related to an authorization made or
987	987	duty performed by a guardian under Chapter 1204; and
988	988	(7) the appointment of a trustee for a trust created
989	989	under Section 1301.053 or 1301.054, the settling of an account of
990	990	the trustee, and all other matters relating to the trust.
991	991	(b) For purposes of this code, in a county in which there is
992	992	a statutory probate court, a matter related to a guardianship
993	993	proceeding includes:
994	994	(1) all matters and actions described in Subsection
995	995	(a);
996	996	(2) a suit, action, or application filed against or on
997	997	behalf of a guardianship or a trustee of a trust created under
998	998	Section 1301.053 or 1301.054; and
999	999	(3) a cause of action in which a guardian in a
1000	1000	guardianship pending in the statutory probate court is a party.
1001	1001	CHAPTER 1022. JURISDICTION
1002	1002	Sec. 1022.001. GENERAL PROBATE COURT JURISDICTION IN
1003	1003	GUARDIANSHIP PROCEEDINGS; APPEALS. (a) All guardianship
1004	1004	proceedings must be filed and heard in a court exercising original
1005	1005	probate jurisdiction. The court exercising original probate
1006	1006	jurisdiction also has jurisdiction of all matters related to the
1007	1007	guardianship proceeding as specified in Section 1021.001 for that
1008	1008	type of court.
1009	1009	(b) A probate court may exercise pendent and ancillary
1010	1010	jurisdiction as necessary to promote judicial efficiency and
1011	1011	economy.
1012	1012	(c) A final order issued by a probate court is appealable to
1013	1013	the court of appeals.
1014	1014	Sec. 1022.002. ORIGINAL JURISDICTION FOR GUARDIANSHIP
1015	1015	PROCEEDINGS. (a) In a county in which there is no statutory
1016	1016	probate court or county court at law exercising original probate
1017	1017	jurisdiction, the county court has original jurisdiction of
1018	1018	guardianship proceedings.
1019	1019	(b) In a county in which there is no statutory probate
1020	1020	court, but in which there is a county court at law exercising
1021	1021	original probate jurisdiction, the county court at law exercising
1022	1022	original probate jurisdiction and the county court have concurrent
1023	1023	original jurisdiction of guardianship proceedings, unless
1024	1024	otherwise provided by law. The judge of a county court may hear
1025	1025	guardianship proceedings while sitting for the judge of any other
1026	1026	county court.
1027	1027	(c) In a county in which there is a statutory probate court,
1028	1028	the statutory probate court has original jurisdiction of
1029	1029	guardianship proceedings.
1030	1030	Sec. 1022.003. JURISDICTION OF CONTESTED GUARDIANSHIP
1031	1031	PROCEEDING IN COUNTY WITH NO STATUTORY PROBATE COURT OR COUNTY
1032	1032	COURT AT LAW. (a) In a county in which there is no statutory
1033	1033	probate court or county court at law exercising original probate
1034	1034	jurisdiction, when a matter in a guardianship proceeding is
1035	1035	contested, the judge of the county court may, on the judge's own
1036	1036	motion, or shall, on the motion of any party to the proceeding,
1037	1037	according to the motion:
1038	1038	(1) request the assignment of a statutory probate
1039	1039	court judge to hear the contested matter, as provided by Section
1040	1040	25.0022, Government Code; or
1041	1041	(2) transfer the contested matter to the district
1042	1042	court, which may then hear the contested matter as if originally
1043	1043	filed in the district court.
1044	1044	(b) If a party to a guardianship proceeding files a motion
1045	1045	for the assignment of a statutory probate court judge to hear a
1046	1046	contested matter in the proceeding before the judge of the county
1047	1047	court transfers the contested matter to a district court under this
1048	1048	section, the county judge shall grant the motion for the assignment
1049	1049	of a statutory probate court judge and may not transfer the matter
1050	1050	to the district court unless the party withdraws the motion.
1051	1051	(c) If a judge of a county court requests the assignment of a
1052	1052	statutory probate court judge to hear a contested matter in a
1053	1053	guardianship proceeding on the judge's own motion or on the motion
1054	1054	of a party to the proceeding as provided by this section, the judge
1055	1055	may request that the statutory probate court judge be assigned to
1056	1056	the entire proceeding on the judge's own motion or on the motion of
1057	1057	a party.
1058	1058	(d) A party to a guardianship proceeding may file a motion
1059	1059	for the assignment of a statutory probate court judge under this
1060	1060	section before a matter in the proceeding becomes contested, and
1061	1061	the motion is given effect as a motion for assignment of a statutory
1062	1062	probate court judge under Subsection (a) if the matter later
1063	1063	becomes contested.
1064	1064	(e) Notwithstanding any other law, a transfer of a contested
1065	1065	matter in a guardianship proceeding to a district court under any
1066	1066	authority other than the authority provided by this section:
1067	1067	(1) is disregarded for purposes of this section; and
1068	1068	(2) does not defeat the right of a party to the
1069	1069	proceeding to have the matter assigned to a statutory probate court
1070	1070	judge in accordance with this section.
1071	1071	(f) A statutory probate court judge assigned to a contested
1072	1072	matter in a guardianship proceeding or to the entire proceeding
1073	1073	under this section has the jurisdiction and authority granted to a
1074	1074	statutory probate court by this code. A statutory probate court
1075	1075	judge assigned to hear only the contested matter in a guardianship
1076	1076	proceeding shall, on resolution of the matter, including any appeal
1077	1077	of the matter, return the matter to the county court for further
1078	1078	proceedings not inconsistent with the orders of the statutory
1079	1079	probate court or court of appeals, as applicable. A statutory
1080	1080	probate court judge assigned to the entire guardianship proceeding
1081	1081	as provided by Subsection (c) shall, on resolution of the contested
1082	1082	matter in the proceeding, including any appeal of the matter,
1083	1083	return the entire proceeding to the county court for further
1084	1084	proceedings not inconsistent with the orders of the statutory
1085	1085	probate court or court of appeals, as applicable.
1086	1086	(g) A district court to which a contested matter in a
1087	1087	guardianship proceeding is transferred under this section has the
1088	1088	jurisdiction and authority granted to a statutory probate court by
1089	1089	this code. On resolution of a contested matter transferred to the
1090	1090	district court under this section, including any appeal of the
1091	1091	matter, the district court shall return the matter to the county
1092	1092	court for further proceedings not inconsistent with the orders of
1093	1093	the district court or court of appeals, as applicable.
1094	1094	(h) If only the contested matter in a guardianship
1095	1095	proceeding is assigned to a statutory probate court judge under
1096	1096	this section, or if the contested matter in a guardianship
1097	1097	proceeding is transferred to a district court under this section,
1098	1098	the county court shall continue to exercise jurisdiction over the
1099	1099	management of the guardianship, other than a contested matter,
1100	1100	until final disposition of the contested matter is made in
1101	1101	accordance with this section. Any matter related to a guardianship
1102	1102	proceeding in which a contested matter is transferred to a district
1103	1103	court may be brought in the district court. The district court in
1104	1104	which a matter related to the proceeding is filed may, on the
1105	1105	court's own motion or on the motion of any party, find that the
1106	1106	matter is not a contested matter and transfer the matter to the
1107	1107	county court with jurisdiction of the management of the
1108	1108	guardianship.
1109	1109	(i) If a contested matter in a guardianship proceeding is
1110	1110	transferred to a district court under this section, the district
1111	1111	court has jurisdiction of any contested matter in the proceeding
1112	1112	that is subsequently filed, and the county court shall transfer
1113	1113	those contested matters to the district court. If a statutory
1114	1114	probate court judge is assigned under this section to hear a
1115	1115	contested matter in a guardianship proceeding, the statutory
1116	1116	probate court judge shall be assigned to hear any contested matter
1117	1117	in the proceeding that is subsequently filed.
1118	1118	(j) The clerk of a district court to which a contested
1119	1119	matter in a guardianship proceeding is transferred under this
1120	1120	section may perform in relation to the transferred matter any
1121	1121	function a county clerk may perform with respect to that type of
1122	1122	matter.
1123	1123	Sec. 1022.004. JURISDICTION OF CONTESTED GUARDIANSHIP
1124	1124	PROCEEDING IN COUNTY WITH NO STATUTORY PROBATE COURT. (a) In a
1125	1125	county in which there is no statutory probate court, but in which
1126	1126	there is a county court at law exercising original probate
1127	1127	jurisdiction, when a matter in a guardianship proceeding is
1128	1128	contested, the judge of the county court may, on the judge's own
1129	1129	motion, or shall, on the motion of any party to the proceeding,
1130	1130	transfer the contested matter to the county court at law. In
1131	1131	addition, the judge of the county court, on the judge's own motion
1132	1132	or on the motion of a party to the proceeding, may transfer the
1133	1133	entire proceeding to the county court at law.
1134	1134	(b) A county court at law to which a proceeding is
1135	1135	transferred under this section may hear the proceeding as if
1136	1136	originally filed in that court. If only a contested matter in the
1137	1137	proceeding is transferred, on the resolution of the matter, the
1138	1138	matter shall be returned to the county court for further
1139	1139	proceedings not inconsistent with the orders of the county court at
1140	1140	law.
1141	1141	Sec. 1022.005. EXCLUSIVE JURISDICTION OF GUARDIANSHIP
1142	1142	PROCEEDING IN COUNTY WITH STATUTORY PROBATE COURT. (a) In a county
1143	1143	in which there is a statutory probate court, the statutory probate
1144	1144	court has exclusive jurisdiction of all guardianship proceedings,
1145	1145	regardless of whether contested or uncontested.
1146	1146	(b) A cause of action related to a guardianship proceeding
1147	1147	of which the statutory probate court has exclusive jurisdiction as
1148	1148	provided by Subsection (a) must be brought in the statutory probate
1149	1149	court unless the jurisdiction of the statutory probate court is
1150	1150	concurrent with the jurisdiction of a district court as provided by
1151	1151	Section 1022.006 or with the jurisdiction of any other court.
1152	1152	Sec. 1022.006. CONCURRENT JURISDICTION WITH DISTRICT
1153	1153	COURT. A statutory probate court has concurrent jurisdiction with
1154	1154	the district court in:
1155	1155	(1) a personal injury, survival, or wrongful death
1156	1156	action by or against a person in the person's capacity as a
1157	1157	guardian; and
1158	1158	(2) an action involving a guardian in which each other
1159	1159	party aligned with the guardian is not an interested person in the
1160	1160	guardianship.
1161	1161	Sec. 1022.007. TRANSFER OF PROCEEDING BY STATUTORY PROBATE
1162	1162	COURT. (a) A judge of a statutory probate court, on the motion of a
1163	1163	party to the action or of a person interested in the guardianship,
1164	1164	may:
1165	1165	(1) transfer to the judge's court from a district,
1166	1166	county, or statutory court a cause of action that is a matter
1167	1167	related to a guardianship proceeding pending in the statutory
1168	1168	probate court, including a cause of action that is a matter related
1169	1169	to a guardianship proceeding pending in the statutory probate court
1170	1170	and in which the guardian, ward, or proposed ward in the pending
1171	1171	guardianship proceeding is a party; and
1172	1172	(2) consolidate the transferred cause of action with
1173	1173	the guardianship proceeding to which it relates and any other
1174	1174	proceedings in the statutory probate court that are related to the
1175	1175	guardianship proceeding.
1176	1176	(b) Notwithstanding any other provision of this title, the
1177	1177	proper venue for an action by or against a guardian, ward, or
1178	1178	proposed ward for personal injury, death, or property damages is
1179	1179	determined under Section 15.007, Civil Practice and Remedies Code.
1180	1180	Sec. 1022.008. TRANSFER OF CONTESTED GUARDIANSHIP OF THE
1181	1181	PERSON OF A MINOR. (a) If an interested person contests an
1182	1182	application for the appointment of a guardian of the person of a
1183	1183	minor or an interested person seeks the removal of a guardian of the
1184	1184	person of a minor, the judge, on the judge's own motion, may
1185	1185	transfer all matters related to the guardianship proceeding to a
1186	1186	court of competent jurisdiction in which a suit affecting the
1187	1187	parent-child relationship under the Family Code is pending.
1188	1188	CHAPTER 1023. VENUE
1189	1189	Sec. 1023.002. CONCURRENT VENUE AND TRANSFER FOR WANT OF
1190	1190	VENUE. (a) If two or more courts have concurrent venue of a
1191	1191	guardianship proceeding, the court in which an application for a
1192	1192	guardianship proceeding is initially filed has and retains
1193	1193	jurisdiction of the proceeding. A proceeding is considered
1194	1194	commenced by the filing of an application alleging facts sufficient
1195	1195	to confer venue, and the proceeding initially legally commenced
1196	1196	extends to all of the property of the guardianship estate.
1197	1197	Sec. 1023.003. APPLICATION FOR TRANSFER OF GUARDIANSHIP TO
1198	1198	ANOTHER COUNTY. When a guardian or any other person desires to
1199	1199	transfer the transaction of the business of the guardianship from
1200	1200	one county to another, the person shall file a written application
1201	1201	in the court in which the guardianship is pending stating the reason
1202	1202	for the transfer.
1203	1203	Sec. 1023.004. NOTICE. (a) On filing an application to
1204	1204	transfer a guardianship to another county, the sureties on the bond
1205	1205	of the guardian shall be cited by personal service to appear and
1206	1206	show cause why the application should not be granted.
1207	1207	Sec. 1023.005. COURT ACTION. (a) On hearing an application
1208	1208	under Section 1023.003, if good cause is not shown to deny the
1209	1209	application and it appears that transfer of the guardianship is in
1210	1210	the best interests of the ward, the court shall enter an order
1211	1211	authorizing the transfer on payment on behalf of the estate of all
1212	1212	accrued costs.
1213	1213	(b) In an order entered under Subsection (a), the court
1214	1214	shall require the guardian, not later than the 20th day after the
1215	1215	date the order is entered, to:
1216	1216	(1) give a new bond payable to the judge of the court
1217	1217	to which the guardianship is transferred; or
1218	1218	(2) file a rider to an existing bond noting the court
1219	1219	to which the guardianship is transferred.
1220	1220	Sec. 1023.006. TRANSFER OF RECORD. When an order of
1221	1221	transfer is made under Section 1023.005, the clerk shall record any
1222	1222	unrecorded papers of the guardianship required to be recorded. On
1223	1223	payment of the clerk's fee, the clerk shall transmit to the county
1224	1224	clerk of the county to which the guardianship was ordered
1225	1225	transferred:
1226	1226	(1) the case file of the guardianship proceedings; and
1227	1227	(2) a certified copy of the index of the guardianship
1228	1228	records.
1229	1229	Sec. 1023.007. TRANSFER EFFECTIVE. The order transferring
1230	1230	a guardianship does not take effect until:
1231	1231	(1) the case file and a certified copy of the index
1232	1232	required by Section 1023.006 are filed in the office of the county
1233	1233	clerk of the county to which the guardianship was ordered
1234	1234	transferred; and
1235	1235	(2) a certificate under the clerk's official seal and
1236	1236	reporting the filing of the case file and a certified copy of the
1237	1237	index is filed in the court ordering the transfer by the county
1238	1238	clerk of the county to which the guardianship was ordered
1239	1239	transferred.
1240	1240	Sec. 1023.008. CONTINUATION OF GUARDIANSHIP. When a
1241	1241	guardianship is transferred from one county to another in
1242	1242	accordance with this chapter, the guardianship proceeds in the
1243	1243	court to which it was transferred as if it had been originally
1244	1244	commenced in that court. It is not necessary to record in the
1245	1245	receiving court any of the papers in the case that were recorded in
1246	1246	the court from which the case was transferred.
1247	1247	Sec. 1023.009. NEW GUARDIAN APPOINTED ON TRANSFER. If it
1248	1248	appears to the court that transfer of the guardianship is in the
1249	1249	best interests of the ward, but that because of the transfer it is
1250	1250	not in the best interests of the ward for the guardian of the estate
1251	1251	to continue to serve in that capacity, the court may in its order of
1252	1252	transfer revoke the letters of guardianship and appoint a new
1253	1253	guardian, and the former guardian shall account for and deliver the
1254	1254	estate as provided by this title in a case in which a guardian
1255	1255	resigns.
1256	1256	Sec. 1023.010. REVIEW OF TRANSFERRED GUARDIANSHIP. Not
1257	1257	later than the 90th day after the date the transfer of the
1258	1258	guardianship takes effect under Section 1023.007, the court to
1259	1259	which the guardianship was transferred shall hold a hearing to
1260	1260	consider modifying the rights, duties, and powers of the guardian
1261	1261	or any other provisions of the transferred guardianship.
1262	1262	(b) Subsections (b) and (c), Section 609, Texas Probate
1263	1263	Code, are transferred to Chapter 1022, Estates Code, as added by
1264	1264	Subsection (a) of this section, and redesignated as Subsections (b)
1265	1265	and (c), Section 1022.008, Estates Code.
1266	1266	(c) Section 610, Texas Probate Code, is transferred to
1267	1267	Chapter 1023, Estates Code, as added by Subsection (a) of this
1268	1268	section, and redesignated as Section 1023.001, Estates Code.
1269	1269	(d) Subsections (b), (c), and (d), Section 611, Texas
1270	1270	Probate Code, are transferred to Chapter 1023, Estates Code, as
1271	1271	added by Subsection (a) of this section, and redesignated as
1272	1272	Subsections (b), (c), and (d), Section 1023.002, Estates Code.
1273	1273	(e) Subsection (b), Section 613, Texas Probate Code, is
1274	1274	transferred to Chapter 1023, Estates Code, as added by Subsection
1275	1275	(a) of this section, and redesignated as Subsection (b), Section
1276	1276	1023.004, Estates Code.
1277	1277	SECTION 6.016. Section 1051.001, Estates Code, as effective
1278	1278	January 1, 2014, is amended to conform to Section 13, Chapter 1085
1279	1279	(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,
1280	1280	to read as follows:
1281	1281	Sec. 1051.001. ISSUANCE OF NOTICE OR PROCESS IN GENERAL.
1282	1282	(a) Except as provided by Subsection (b), a person is not required
1283	1283	to be cited or otherwise given notice in a guardianship proceeding
1284	1284	[matter] except in a situation in which this title expressly
1285	1285	provides for citation or the giving of notice.
1286	1286	(b) If this title does not expressly provide for citation or
1287	1287	the issuance or return of notice in a guardianship proceeding
1288	1288	[matter], the court may require that notice be given. A court that
1289	1289	requires that notice be given shall prescribe the form and manner of
1290	1290	service of the notice and the return of service.
1291	1291	(c) Unless a court order is required by this title, the
1292	1292	county clerk without a court order shall issue:
1293	1293	(1) necessary citations, writs, and other process in a
1294	1294	guardianship proceeding [matter]; and
1295	1295	(2) all notices not required to be issued by a
1296	1296	guardian.
1297	1297	SECTION 6.017. Section 1051.102, Estates Code, as effective
1298	1298	January 1, 2014, is amended to conform to Section 6, Chapter 599
1299	1299	(S.B. 220), Acts of the 82nd Legislature, Regular Session, 2011, by
1300	1300	adding Subsection (d) to read as follows:
1301	1301	(d) The citation must contain a clear and conspicuous
1302	1302	statement informing those interested persons of the right provided
1303	1303	under Section 1051.252 to be notified of any or all motions,
1304	1304	applications, or pleadings relating to the application for the
1305	1305	guardianship or any subsequent guardianship proceeding involving
1306	1306	the ward after the guardianship is created, if any.
1307	1307	SECTION 6.018. Section 1051.103, Estates Code, as effective
1308	1308	January 1, 2014, is amended to conform to Section 6, Chapter 599
1309	1309	(S.B. 220), Acts of the 82nd Legislature, Regular Session, 2011, to
1310	1310	read as follows:
1311	1311	Sec. 1051.103. SERVICE OF CITATION FOR APPLICATION FOR
1312	1312	GUARDIANSHIP. (a) The sheriff or other officer shall personally
1313	1313	serve citation to appear and answer an application for guardianship
1314	1314	on:
1315	1315	(1) a proposed ward who is 12 years of age or older;
1316	1316	(2) the proposed ward's parents, if the whereabouts of
1317	1317	the parents are known or can be reasonably ascertained;
1318	1318	(3) any court-appointed conservator or person having
1319	1319	control of the care and welfare of the proposed ward;
1320	1320	(4) the proposed ward's spouse, if the whereabouts of
1321	1321	the spouse are known or can be reasonably ascertained; and
1322	1322	(5) the person named in the application to be
1323	1323	appointed guardian, if that person is not the applicant.
1324	1324	(b) A citation served as provided by Subsection (a) must
1325	1325	contain the statement regarding the right under Section 1051.252
1326	1326	that is required in the citation issued under Section 1051.102.
1327	1327	SECTION 6.019. Section 1051.104(a), Estates Code, as
1328	1328	effective January 1, 2014, is amended to conform to Section 6,
1329	1329	Chapter 599 (S.B. 220), Acts of the 82nd Legislature, Regular
1330	1330	Session, 2011, to read as follows:
1331	1331	(a) The person filing an application for guardianship shall
1332	1332	mail a copy of the application and a notice containing the
1333	1333	information required in the citation issued under Section 1051.102
1334	1334	by registered or certified mail, return receipt requested, or by
1335	1335	any other form of mail that provides proof of delivery, to the
1336	1336	following persons, if their whereabouts are known or can be
1337	1337	reasonably ascertained:
1338	1338	(1) each adult child of the proposed ward;
1339	1339	(2) each adult sibling of the proposed ward;
1340	1340	(3) the administrator of a nursing home facility or
1341	1341	similar facility in which the proposed ward resides;
1342	1342	(4) the operator of a residential facility in which
1343	1343	the proposed ward resides;
1344	1344	(5) a person whom the applicant knows to hold a power
1345	1345	of attorney signed by the proposed ward;
1346	1346	(6) a person designated to serve as guardian of the
1347	1347	proposed ward by a written declaration under Subchapter E, Chapter
1348	1348	1104, if the applicant knows of the existence of the declaration;
1349	1349	(7) a person designated to serve as guardian of the
1350	1350	proposed ward in the probated will of the last surviving parent of
1351	1351	the proposed ward;
1352	1352	(8) a person designated to serve as guardian of the
1353	1353	proposed ward by a written declaration of the proposed ward's last
1354	1354	surviving parent, if the declarant is deceased and the applicant
1355	1355	knows of the existence of the declaration; and
1356	1356	(9) each person named as another relative within the
1357	1357	third degree by consanguinity [next of kin] in the application as
1358	1358	required by Section 1101.001(b)(11) or (13) if the proposed ward's
1359	1359	spouse and each of the proposed ward's parents, adult siblings, and
1360	1360	adult children are deceased or there is no spouse, parent, adult
1361	1361	sibling, or adult child.
1362	1362	SECTION 6.020. Section 1051.152(a), Estates Code, as
1363	1363	effective January 1, 2014, is amended to conform to Section 13,
1364	1364	Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular
1365	1365	Session, 2011, to read as follows:
1366	1366	(a) A citation or notice in a guardianship proceeding
1367	1367	[matter] that is required to be served by posting and is issued in
1368	1368	conformity with this title, and the service of and return of the
1369	1369	citation or notice, is valid if:
1370	1370	(1) a sheriff or constable posts a copy of the citation
1371	1371	or notice at the location or locations prescribed by this title; and
1372	1372	(2) the posting occurs on a day preceding the return
1373	1373	day of service specified in the citation or notice that provides
1374	1374	sufficient time for the period the citation or notice must be posted
1375	1375	to expire before the specified return day.
1376	1376	SECTION 6.021. The heading to Section 1051.253, Estates
1377	1377	Code, as effective January 1, 2014, is amended to conform to Chapter
1378	1378	1085 (S.B. 1196), Acts of the 82nd Legislature, Regular Session,
1379	1379	2011, to read as follows:
1380	1380	Sec. 1051.253. SERVICE OF NOTICE OF INTENTION TO
1381	1381	TAKE DEPOSITIONS IN CERTAIN PROCEEDINGS [MATTERS].
1382	1382	SECTION 6.022. Section 1052.051(a), Estates Code, as
1383	1383	effective January 1, 2014, is amended to conform to Section 8,
1384	1384	Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular
1385	1385	Session, 2011, to read as follows:
1386	1386	(a) An application for a guardianship proceeding or a [,]
1387	1387	complaint, petition, or other paper permitted or required by law to
1388	1388	be filed with a court in a guardianship proceeding [matter] must be
1389	1389	filed with the county clerk of the appropriate county.
1390	1390	SECTION 6.023. Section 1053.051, Estates Code, as effective
1391	1391	January 1, 2014, is amended to conform to Section 9, Chapter 1085
1392	1392	(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,
1393	1393	to read as follows:
1394	1394	Sec. 1053.051. APPLICABILITY OF CERTAIN LAWS. A law
1395	1395	regulating costs in ordinary civil cases applies to a guardianship
1396	1396	proceeding [matter] unless otherwise expressly provided by this
1397	1397	title.
1398	1398	SECTION 6.024. Section 1053.052(a), Estates Code, as
1399	1399	effective January 1, 2014, is amended to conform to Section 9,
1400	1400	Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular
1401	1401	Session, 2011, to read as follows:
1402	1402	(a) The clerk may require a person who files an application,
1403	1403	complaint, or opposition relating to a guardianship proceeding
1404	1404	[matter], other than a guardian, attorney ad litem, or guardian ad
1405	1405	litem, to provide security for the probable costs of the
1406	1406	[guardianship] proceeding before filing the application,
1407	1407	complaint, or opposition.
1408	1408	SECTION 6.025. The heading to Subchapter C, Chapter 1053,
1409	1409	Estates Code, as effective January 1, 2014, is amended to conform to
1410	1410	Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular
1411	1411	Session, 2011, to read as follows:
1412	1412	SUBCHAPTER C. PROCEDURES FOR GUARDIANSHIP PROCEEDINGS [MATTERS]
1413	1413	SECTION 6.026. Section 1053.101, Estates Code, as effective
1414	1414	January 1, 2014, is amended to conform to Section 10, Chapter 1085
1415	1415	(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,
1416	1416	to read as follows:
1417	1417	Sec. 1053.101. CALLING OF DOCKETS. The judge in whose court
1418	1418	a guardianship proceeding is pending, as determined by the judge,
1419	1419	shall:
1420	1420	(1) call guardianship proceedings [matters] in the
1421	1421	proceedings' [matters'] regular order on both the guardianship and
1422	1422	claim dockets; and
1423	1423	(2) issue necessary orders.
1424	1424	SECTION 6.027. Section 1053.102, Estates Code, as effective
1425	1425	January 1, 2014, is amended to conform to Section 11, Chapter 1085
1426	1426	(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,
1427	1427	to read as follows:
1428	1428	Sec. 1053.102. SETTING OF CERTAIN HEARINGS BY CLERK. (a)
1429	1429	If a judge is unable to designate the time and place for hearing a
1430	1430	guardianship proceeding [matter] pending in the judge's court
1431	1431	because the judge is absent from the county seat or is on vacation,
1432	1432	disqualified, ill, or deceased, the county clerk of the county in
1433	1433	which the proceeding [matter] is pending may:
1434	1434	(1) designate the time and place for hearing;
1435	1435	(2) enter the setting on the judge's docket; and
1436	1436	(3) certify on the docket the reason that the judge is
1437	1437	not acting to set the hearing.
1438	1438	(b) If, after the perfection of the service of notices and
1439	1439	citations required by law concerning the time and place of hearing,
1440	1440	a qualified judge is not present for a hearing set under Subsection
1441	1441	(a), the hearing is automatically continued from day to day until a
1442	1442	qualified judge is present to hear and make a determination in the
1443	1443	proceeding [determine the matter].
1444	1444	SECTION 6.028. Section 1053.103, Estates Code, as effective
1445	1445	January 1, 2014, is amended to conform to Section 16, Chapter 1085
1446	1446	(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,
1447	1447	to read as follows:
1448	1448	Sec. 1053.103. RENDERING OF DECISIONS, ORDERS, DECREES, AND
1449	1449	JUDGMENTS. The court shall render a decision, order, decree, or
1450	1450	judgment in a guardianship proceeding [matter] in open court,
1451	1451	except as otherwise expressly provided.
1452	1452	SECTION 6.029. Section 1054.002, Estates Code, as effective
1453	1453	January 1, 2014, is amended to conform to Section 15, Chapter 1085
1454	1454	(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,
1455	1455	to read as follows:
1456	1456	Sec. 1054.002. TERM OF APPOINTMENT. (a) Unless the court
1457	1457	determines that the continued appointment of an attorney ad litem
1458	1458	appointed under Section 1054.001 is in the ward's best interests,
1459	1459	the attorney's term of appointment expires, without a court order,
1460	1460	on the date the court:
1461	1461	(1) appoints a guardian in accordance with Subchapter
1462	1462	D, Chapter 1101;
1463	1463	(2) appoints a successor guardian; or
1464	1464	(3) [(2)] denies the application for appointment of a
1465	1465	guardian.
1466	1466	(b) The term of appointment of an attorney ad litem
1467	1467	appointed under Section 1054.001 continues after the court appoints
1468	1468	a temporary guardian under Chapter 1251 unless a court order
1469	1469	provides for the termination or expiration of the attorney ad
1470	1470	litem's appointment.
1471	1471	SECTION 6.030. Subchapter A, Chapter 1054, Estates Code, as
1472	1472	effective January 1, 2014, is amended to conform to Section 7,
1473	1473	Chapter 599 (S.B. 220), and Chapter 1085 (S.B. 1196), Acts of the
1474	1474	82nd Legislature, Regular Session, 2011, by adding Section 1054.006
1475	1475	to read as follows:
1476	1476	Sec. 1054.006. REPRESENTATION OF WARD OR PROPOSED WARD BY
1477	1477	ATTORNEY. (a) The following persons may at any time retain an
1478	1478	attorney who holds a certificate required by Subchapter E to
1479	1479	represent the person's interests in a guardianship proceeding
1480	1480	instead of having those interests represented by an attorney ad
1481	1481	litem appointed under Section 1054.001 or another provision of this
1482	1482	title:
1483	1483	(1) a ward who retains the power to enter into a
1484	1484	contract under the terms of the guardianship, subject to Section
1485	1485	1202.103; and
1486	1486	(2) a proposed ward for purposes of a proceeding for
1487	1487	the appointment of a guardian as long as the proposed ward has
1488	1488	capacity to contract.
1489	1489	(b) If the court finds that the ward or the proposed ward has
1490	1490	capacity to contract, the court may remove an attorney ad litem
1491	1491	appointed under Section 1054.001 or any other provision of this
1492	1492	title that requires the court to appoint an attorney ad litem to
1493	1493	represent the interests of a ward or proposed ward and appoint a
1494	1494	ward or a proposed ward's retained counsel.
1495	1495	SECTION 6.031. Section 1055.002, Estates Code, as effective
1496	1496	January 1, 2014, is amended to conform to Section 14, Chapter 1085
1497	1497	(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,
1498	1498	to read as follows:
1499	1499	Sec. 1055.002. DEFECT IN PLEADING. A court may not
1500	1500	invalidate a pleading in a guardianship proceeding [matter], or an
1501	1501	order based on the pleading, on the basis of a defect of form or
1502	1502	substance in the pleading unless a timely objection has been made
1503	1503	against the defect and the defect has been called to the attention
1504	1504	of the court in which the proceeding was or is pending.
1505	1505	SECTION 6.032. Subchapter B, Chapter 1055, Estates Code, as
1506	1506	effective January 1, 2014, is amended to conform to Section 17 and
1507	1507	other provisions of Chapter 1085 (S.B. 1196), Acts of the 82nd
1508	1508	Legislature, Regular Session, 2011, by adding Section 1055.053 to
1509	1509	read as follows:
1510	1510	Sec. 1055.053. LOCATION OF HEARING. (a) Except as provided
1511	1511	by Subsection (b), the judge may hold a hearing on a guardianship
1512	1512	proceeding involving an adult ward or adult proposed ward at any
1513	1513	suitable location in the county in which the guardianship
1514	1514	proceeding is pending. The hearing should be held in a physical
1515	1515	setting that is not likely to have a harmful effect on the ward or
1516	1516	proposed ward.
1517	1517	(b) On the request of the adult proposed ward, the adult
1518	1518	ward, or the attorney of the proposed ward or ward, the hearing may
1519	1519	not be held under the authority of this section at a place other
1520	1520	than the courthouse.
1521	1521	SECTION 6.033. The heading to Section 1056.001, Estates
1522	1522	Code, as effective January 1, 2014, is amended to conform to Chapter
1523	1523	1085 (S.B. 1196), Acts of the 82nd Legislature, Regular Session,
1524	1524	2011, to read as follows:
1525	1525	Sec. 1056.001. EXECUTIONS IN GUARDIANSHIP PROCEEDINGS
1526	1526	[MATTERS].
1527	1527	SECTION 6.034. Sections 1056.001(a) and (b), Estates Code,
1528	1528	as effective January 1, 2014, are amended to conform to Section 18,
1529	1529	Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular
1530	1530	Session, 2011, to read as follows:
1531	1531	(a) An execution in a guardianship proceeding [matter] must
1532	1532	be:
1533	1533	(1) directed "to any sheriff or any constable within
1534	1534	the State of Texas";
1535	1535	(2) attested and signed by the clerk officially under
1536	1536	court seal; and
1537	1537	(3) made returnable in 60 days.
1538	1538	(b) A proceeding under an execution in a guardianship
1539	1539	proceeding [matter] is governed, to the extent applicable, by the
1540	1540	laws regulating a proceeding under an execution issued by a
1541	1541	district court.
1542	1542	SECTION 6.035. Section 1101.001(b), Estates Code, as
1543	1543	effective January 1, 2014, is amended to conform to Section 9,
1544	1544	Chapter 599 (S.B. 220), Acts of the 82nd Legislature, Regular
1545	1545	Session, 2011, to read as follows:
1546	1546	(b) The application must be sworn to by the applicant and
1547	1547	state:
1548	1548	(1) the proposed ward's name, sex, date of birth, and
1549	1549	address;
1550	1550	(2) the name, relationship, and address of the person
1551	1551	the applicant seeks to have appointed as guardian;
1552	1552	(3) whether guardianship of the person or estate, or
1553	1553	both, is sought;
1554	1554	(4) the nature and degree of the alleged incapacity,
1555	1555	the specific areas of protection and assistance requested, and the
1556	1556	limitation or termination of rights requested to be included in the
1557	1557	court's order of appointment, including a termination of:
1558	1558	(A) the right of a proposed ward who is 18 years
1559	1559	of age or older to vote in a public election; and
1560	1560	(B) the proposed ward's eligibility to hold or
1561	1561	obtain a license to operate a motor vehicle under Chapter 521,
1562	1562	Transportation Code;
1563	1563	(5) the facts requiring the appointment of a guardian;
1564	1564	(6) the interest of the applicant in the appointment
1565	1565	of a guardian;
1566	1566	(7) the nature and description of any kind of
1567	1567	guardianship existing for the proposed ward in any other state;
1568	1568	(8) the name and address of any person or institution
1569	1569	having the care and custody of the proposed ward;
1570	1570	(9) the approximate value and description of the
1571	1571	proposed ward's property, including any compensation, pension,
1572	1572	insurance, or allowance to which the proposed ward may be entitled;
1573	1573	(10) the name and address of any person whom the
1574	1574	applicant knows to hold a power of attorney signed by the proposed
1575	1575	ward and a description of the type of power of attorney;
1576	1576	(11) for a proposed ward who is a minor, the following
1577	1577	information if known by the applicant:
1578	1578	(A) the name of each of the proposed ward's
1579	1579	parents and either the parent's address or that the parent is
1580	1580	deceased;
1581	1581	(B) the name and age of each of the proposed
1582	1582	ward's siblings, if any, and either the sibling's address or that
1583	1583	the sibling is deceased; and
1584	1584	(C) if each of the proposed ward's parents and
1585	1585	adult siblings are deceased, the names and addresses of the
1586	1586	proposed ward's other living relatives who are related to the
1587	1587	proposed ward within the third degree by consanguinity and [next of
1588	1588	kin] who are adults;
1589	1589	(12) for a proposed ward who is a minor, whether the
1590	1590	minor was the subject of a legal or conservatorship proceeding in
1591	1591	the preceding two years and, if so:
1592	1592	(A) the court involved;
1593	1593	(B) the nature of the proceeding; and
1594	1594	(C) any final disposition of the proceeding;
1595	1595	(13) for a proposed ward who is an adult, the following
1596	1596	information if known by the applicant:
1597	1597	(A) the name of the proposed ward's spouse, if
1598	1598	any, and either the spouse's address or that the spouse is deceased;
1599	1599	(B) the name of each of the proposed ward's
1600	1600	parents and either the parent's address or that the parent is
1601	1601	deceased;
1602	1602	(C) the name and age of each of the proposed
1603	1603	ward's siblings, if any, and either the sibling's address or that
1604	1604	the sibling is deceased;
1605	1605	(D) the name and age of each of the proposed
1606	1606	ward's children, if any, and either the child's address or that the
1607	1607	child is deceased; and
1608	1608	(E) if there is no living spouse, parent, adult
1609	1609	sibling, or adult child of the proposed ward, the names and
1610	1610	addresses of the proposed ward's other living relatives who are
1611	1611	related to the proposed ward within the third degree by
1612	1612	consanguinity and [next of kin] who are adults;
1613	1613	(14) facts showing that the court has venue of the
1614	1614	proceeding; and
1615	1615	(15) if applicable, that the person whom the applicant
1616	1616	seeks to have appointed as a guardian is a private professional
1617	1617	guardian who is certified under Subchapter C, Chapter 111,
1618	1618	Government Code, and has complied with the requirements of
1619	1619	Subchapter G, Chapter 1104.
1620	1620	SECTION 6.036. Section 1101.104, Estates Code, as effective
1621	1621	January 1, 2014, is amended to conform to Section 22, Chapter 1085
1622	1622	(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,
1623	1623	to read as follows:
1624	1624	Sec. 1101.104. EXAMINATIONS AND DOCUMENTATION REGARDING
1625	1625	MENTAL RETARDATION. If mental retardation is the basis of the
1626	1626	proposed ward's alleged incapacity, the court may not grant an
1627	1627	application to create a guardianship for the proposed ward unless
1628	1628	the applicant presents to the court a written letter or certificate
1629	1629	that:
1630	1630	(1) [a written letter or certificate that:
1631	1631	[(A)] complies with Sections 1101.103(a) and
1632	1632	(b); [and
1633	1633	[(B) states that the physician has made a
1634	1634	determination of mental retardation in accordance with Section
1635	1635	593.005, Health and Safety Code;] or
1636	1636	(2) shows that [both]:
1637	1637	(A) [written documentation showing that,] not
1638	1638	earlier than 24 months before the hearing date, the proposed ward
1639	1639	has been examined by a physician or psychologist licensed in this
1640	1640	state or certified by the Department of Aging and Disability
1641	1641	Services to perform the examination, in accordance with rules of
1642	1642	the executive commissioner of the Health and Human Services
1643	1643	Commission governing examinations of that kind; and
1644	1644	(B) the physician's or psychologist's written
1645	1645	findings and recommendations to the court include[, including] a
1646	1646	statement as to whether the physician or psychologist has made a
1647	1647	determination of mental retardation in accordance with Section
1648	1648	593.005, Health and Safety Code.
1649	1649	SECTION 6.037. Section 1103.002, Estates Code, as effective
1650	1650	January 1, 2014, is amended to conform to Section 21, Chapter 1085
1651	1651	(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,
1652	1652	to read as follows:
1653	1653	Sec. 1103.002. APPOINTMENT OF CONSERVATOR AS GUARDIAN
1654	1654	WITHOUT HEARING. (a) Notwithstanding any other law, if the
1655	1655	applicant who files an application under Section 1101.001 or
1656	1656	1103.001 is a person who was appointed conservator of a disabled
1657	1657	child and the proceeding is a guardianship proceeding described by
1658	1658	Section 1002.015(1) in which the proposed ward is the incapacitated
1659	1659	adult with respect to whom another court obtained continuing,
1660	1660	exclusive jurisdiction in a suit affecting the parent-child
1661	1661	relationship when the person was a child [for whom a court obtains
1662	1662	jurisdiction under Section 606(k)], the applicant may present to
1663	1663	the court a written letter or certificate that meets the
1664	1664	requirements of Sections 1101.103(a) and (b).
1665	1665	(b) If, on receipt of the letter or certificate described by
1666	1666	Subsection (a), the court is able to make the findings required by
1667	1667	Section 1101.101, the court, notwithstanding Subchapter C, Chapter
1668	1668	1104, shall:
1669	1669	(1) appoint the conservator as guardian without
1670	1670	conducting a hearing; and
1671	1671	(2) to the extent possible preserve the terms of
1672	1672	possession and access to the ward that applied before the court
1673	1673	obtained jurisdiction of the guardianship proceeding [under
1674	1674	Section 606(k)].
1675	1675	SECTION 6.038. Section 1104.254, Estates Code, as effective
1676	1676	January 1, 2014, is amended to conform to Section 10, Chapter 599
1677	1677	(S.B. 220), Acts of the 82nd Legislature, Regular Session, 2011, to
1678	1678	read as follows:
1679	1679	Sec. 1104.254. EXCEPTION FOR CERTAIN VOLUNTEERS. An
1680	1680	individual volunteering with a guardianship program or with the
1681	1681	Department of Aging and Disability Services is not required to be
1682	1682	certified as provided by Section 1104.251 to provide guardianship
1683	1683	services or other services under Section 161.114, Human Resources
1684	1684	Code, on the program's or the department's behalf.
1685	1685	SECTION 6.039. Section 1104.352, Estates Code, as effective
1686	1686	January 1, 2014, is amended to more closely conform to the source
1687	1687	law from which the section was derived to read as follows:
1688	1688	Sec. 1104.352. UNSUITABILITY. A person may not be
1689	1689	appointed guardian if the person is a person, institution, or
1690	1690	corporation found by the court [finds the person] to be unsuitable.
1691	1691	SECTION 6.040. Section 1151.053(b), Estates Code, as
1692	1692	effective January 1, 2014, is amended to conform to Section 26,
1693	1693	Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular
1694	1694	Session, 2011, to read as follows:
1695	1695	(b) A guardian of a person younger than 18 [16] years of age
1696	1696	may voluntarily admit the ward [an incapacitated person] to a
1697	1697	public or private inpatient psychiatric facility for care and
1698	1698	treatment.
1699	1699	SECTION 6.041. Section 1154.051(a), Estates Code, as
1700	1700	effective January 1, 2014, is amended to conform to Section 23,
1701	1701	Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular
1702	1702	Session, 2011, to read as follows:
1703	1703	(a) Not later than the 30th day after the date the guardian
1704	1704	of the estate qualifies, unless a longer period is granted by the
1705	1705	court, the guardian shall file with the court clerk a single written
1706	1706	instrument that contains a verified, full, and detailed inventory
1707	1707	of all the ward's property that has come into the guardian's
1708	1708	possession or of which the guardian has knowledge. The inventory
1709	1709	must:
1710	1710	(1) include:
1711	1711	(A) all the ward's real property located in this
1712	1712	state; and
1713	1713	(B) all the ward's personal property regardless
1714	1714	of where the property is located; and
1715	1715	(2) specify:
1716	1716	(A) which portion of the property is separate
1717	1717	property and which is community property; and
1718	1718	(B) if the property is owned in common with other
1719	1719	persons, the ward's interest in that property [and the names and
1720	1720	relationship, if known, of the co-owners].
1721	1721	SECTION 6.042. Section 1154.052, Estates Code, as effective
1722	1722	January 1, 2014, is amended to conform to Section 24, Chapter 1085
1723	1723	(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,
1724	1724	to read as follows:
1725	1725	Sec. 1154.052. LIST OF CLAIMS. The guardian of the estate
1726	1726	shall make and attach to the inventory and appraisement required by
1727	1727	Section 1154.051 a complete list of claims due or owing to the ward.
1728	1728	The list of claims must state:
1729	1729	(1) the name and, if known, address of each person
1730	1730	indebted to the ward; and
1731	1731	(2) regarding each claim:
1732	1732	(A) the nature of the debt, whether it is a note,
1733	1733	bill, bond, or other written obligation, or whether it is an account
1734	1734	or verbal contract;
1735	1735	(B) the date the debt was incurred;
1736	1736	(C) the date the debt was or is due;
1737	1737	(D) the amount of the claim, the rate of interest
1738	1738	on the claim, and the period for which the claim bears interest; and
1739	1739	(E) if any portion of the claim is held in common
1740	1740	with others, the interest of the estate in the claim [and the names
1741	1741	and relationships of the other part owners].
1742	1742	SECTION 6.043. Section 1155.101, Estates Code, as effective
1743	1743	January 1, 2014, is amended to conform to Section 19, Chapter 1085
1744	1744	(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,
1745	1745	to read as follows:
1746	1746	Sec. 1155.101. REIMBURSEMENT OF EXPENSES IN GENERAL. A
1747	1747	guardian is entitled to reimbursement from the guardianship estate
1748	1748	for all necessary and reasonable expenses incurred in performing
1749	1749	any duty as a guardian, including reimbursement for the payment of
1750	1750	reasonable attorney's fees necessarily incurred by the guardian in
1751	1751	connection with the management of the estate or any other
1752	1752	[guardianship] matter in the guardianship.
1753	1753	SECTION 6.044. The heading to Section 1155.151, Estates
1754	1754	Code, as effective January 1, 2014, is amended to conform to Chapter
1755	1755	1085 (S.B. 1196), Acts of the 82nd Legislature, Regular Session,
1756	1756	2011, to read as follows:
1757	1757	Sec. 1155.151. COST OF GUARDIANSHIP PROCEEDING [IN
1758	1758	GUARDIANSHIP MATTER].
1759	1759	SECTION 6.045. Section 1155.151(a), Estates Code, as
1760	1760	effective January 1, 2014, is amended to conform to Section 20,
1761	1761	Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular
1762	1762	Session, 2011, and to more closely conform to the source law from
1763	1763	which the section was derived to read as follows:
1764	1764	(a) Except as provided by Subsection (b), in a guardianship
1765	1765	proceeding, the cost of the proceeding [in a guardianship matter],
1766	1766	including the cost of the guardian ad litem or court visitor, shall
1767	1767	be paid out of the guardianship estate, or the cost of the
1768	1768	proceeding shall be paid out of the county treasury if the estate is
1769	1769	insufficient to pay the cost, and the court shall issue the judgment
1770	1770	accordingly.
1771	1771	SECTION 6.046. Section 1155.201(1), Estates Code, as
1772	1772	effective January 1, 2014, is amended to conform to Section 8,
1773	1773	Chapter 599 (S.B. 220), Acts of the 82nd Legislature, Regular
1774	1774	Session, 2011, to read as follows:
1775	1775	(1) "Applied income" means the portion of the earned
1776	1776	and unearned income of a recipient of medical assistance, or if
1777	1777	applicable the recipient and the recipient's spouse, that is paid
1778	1778	under the medical assistance program to an institution or long-term
1779	1779	care facility [a nursing home] in which the recipient resides.
1780	1780	SECTION 6.047. Section 1155.202, Estates Code, as effective
1781	1781	January 1, 2014, is amended to conform to Section 8, Chapter 599
1782	1782	(S.B. 220), Acts of the 82nd Legislature, Regular Session, 2011, to
1783	1783	read as follows:
1784	1784	Sec. 1155.202. COMPENSATION AND COSTS PAYABLE UNDER MEDICAL
1785	1785	ASSISTANCE PROGRAM. (a) Notwithstanding any other provision of
1786	1786	this title and to the extent permitted by federal law, a court that
1787	1787	appoints a guardian for a recipient of medical assistance who has
1788	1788	applied income may order the following to be deducted as an
1789	1789	additional personal needs allowance in the computation of the
1790	1790	recipient's applied income in accordance with Section 32.02451,
1791	1791	Human Resources Code [paid under the medical assistance program]:
1792	1792	(1) compensation to the guardian in an amount not to
1793	1793	exceed $175 per month;
1794	1794	(2) costs directly related to establishing or
1795	1795	terminating the guardianship, not to exceed $1,000 except as
1796	1796	provided by Subsection (b); and
1797	1797	(3) other administrative costs related to the
1798	1798	guardianship, not to exceed $1,000 during any three-year period.
1799	1799	(b) Costs ordered to be deducted [paid] under Subsection
1800	1800	(a)(2) may include compensation and expenses for an attorney ad
1801	1801	litem or guardian ad litem and reasonable attorney's fees for an
1802	1802	attorney representing the guardian. The costs ordered to be paid
1803	1803	may exceed $1,000 if the costs in excess of that amount are
1804	1804	supported by documentation acceptable to the court and the costs
1805	1805	are approved by the court.
1806	1806	(c) A court may not order:
1807	1807	(1) that the deduction for compensation and costs
1808	1808	under Subsection (a) take effect before the later of:
1809	1809	(A) the month in which the court order issued
1810	1810	under that subsection is signed; or
1811	1811	(B) the first month of medical assistance
1812	1812	eligibility for which the recipient is subject to a copayment; or
1813	1813	(2) a deduction for services provided before the
1814	1814	effective date of the deduction as provided by Subdivision (1).
1815	1815	SECTION 6.048. The heading to Chapter 1162, Estates Code,
1816	1816	as effective January 1, 2014, is amended to conform to Section 27,
1817	1817	Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular
1818	1818	Session, 2011, to read as follows:
1819	1819	CHAPTER 1162. TAX-MOTIVATED, [AND] CHARITABLE, [AND] NONPROFIT,
1820	1820	AND OTHER GIFTS
1821	1821	SECTION 6.049. The heading to Subchapter A, Chapter 1162,
1822	1822	Estates Code, as effective January 1, 2014, is amended to conform to
1823	1823	Section 28, Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature,
1824	1824	Regular Session, 2011, to read as follows:
1825	1825	SUBCHAPTER A. CERTAIN [TAX-MOTIVATED] GIFTS AND TRANSFERS
1826	1826	SECTION 6.050. Section 1162.001, Estates Code, as effective
1827	1827	January 1, 2014, is amended to conform to Section 29, Chapter 1085
1828	1828	(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,
1829	1829	to read as follows:
1830	1830	Sec. 1162.001. AUTHORITY TO ESTABLISH ESTATE OR OTHER
1831	1831	TRANSFER PLAN. On application of the guardian of the estate or any
1832	1832	interested person [party], after the posting of notice and hearing,
1833	1833	and on a showing that the ward will probably remain incapacitated
1834	1834	during the ward's lifetime, the court may enter an order that
1835	1835	authorizes the guardian to apply the principal or income of the
1836	1836	ward's estate that is not required for the support of the ward or
1837	1837	the ward's family during the ward's lifetime toward the
1838	1838	establishment of an estate plan for the purpose of minimizing
1839	1839	income, estate, inheritance, or other taxes payable out of the
1840	1840	ward's estate, or to transfer a portion of the ward's estate as
1841	1841	necessary to qualify the ward for government benefits and only to
1842	1842	the extent allowed by applicable state or federal laws, including
1843	1843	rules, regarding those benefits. On the ward's behalf, the court
1844	1844	may authorize the guardian to make gifts or transfers described by
1845	1845	this section, outright or in trust, of the ward's [personal]
1846	1846	property [or real estate] to or for the benefit of:
1847	1847	(1) an organization to which charitable contributions
1848	1848	may be made under the Internal Revenue Code of 1986 and in which it
1849	1849	is shown the ward would reasonably have an interest;
1850	1850	(2) the ward's spouse, descendant, or other person
1851	1851	related to the ward by blood or marriage who is identifiable at the
1852	1852	time of the order;
1853	1853	(3) a devisee under the ward's last validly executed
1854	1854	will, trust, or other beneficial instrument, if the instrument
1855	1855	exists; and
1856	1856	(4) a person serving as guardian of the ward, if the
1857	1857	person is eligible under Subdivision (2) or (3).
1858	1858	SECTION 6.051. Section 1162.002, Estates Code, as effective
1859	1859	January 1, 2014, is amended to conform to Section 29, Chapter 1085
1860	1860	(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,
1861	1861	to read as follows:
1862	1862	Sec. 1162.002. ESTATE OR OTHER TRANSFER PLAN: CONTENTS AND
1863	1863	MODIFICATION. (a) The person making an application to the court
1864	1864	under Section 1162.001 shall:
1865	1865	(1) outline the proposed estate or other transfer
1866	1866	plan; and
1867	1867	(2) state all the benefits that are to be derived from
1868	1868	the [estate] plan.
1869	1869	(b) The application must indicate that the planned
1870	1870	disposition is consistent with the ward's intentions, if the ward's
1871	1871	intentions can be ascertained. If the ward's intentions cannot be
1872	1872	ascertained, the ward will be presumed to favor reduction in the
1873	1873	incidence of the various forms of taxation, the qualification for
1874	1874	government benefits, and the partial distribution of the ward's
1875	1875	estate as provided by Sections 1162.001 and 1162.004.
1876	1876	(c) A subsequent modification of an approved [estate] plan
1877	1877	may be made by similar application to the court.
1878	1878	SECTION 6.052. The heading to Section 1162.003, Estates
1879	1879	Code, as effective January 1, 2014, is amended to conform to Chapter
1880	1880	1085 (S.B. 1196), Acts of the 82nd Legislature, Regular Session,
1881	1881	2011, to read as follows:
1882	1882	Sec. 1162.003. NOTICE OF APPLICATION FOR ESTABLISHMENT OF
1883	1883	ESTATE OR OTHER TRANSFER PLAN.
1884	1884	SECTION 6.053. Section 1203.051, Estates Code, as effective
1885	1885	January 1, 2014, is amended to conform to Section 11, Chapter 599
1886	1886	(S.B. 220), Acts of the 82nd Legislature, Regular Session, 2011, to
1887	1887	read as follows:
1888	1888	Sec. 1203.051. REMOVAL WITHOUT NOTICE; APPOINTMENT OF
1889	1889	GUARDIAN AD LITEM AND ATTORNEY AD LITEM. (a) The court, on the
1890	1890	court's own motion or on the motion of an interested person,
1891	1891	including the ward, and without notice, may remove a guardian
1892	1892	appointed under this title who:
1893	1893	(1) neglects to qualify in the manner and time
1894	1894	required by law;
1895	1895	(2) fails to return, not later than the 30th day after
1896	1896	the date the guardian qualifies, an inventory of the guardianship
1897	1897	estate property and a list of claims that have come to the
1898	1898	guardian's knowledge, unless that deadline is extended by court
1899	1899	order;
1900	1900	(3) if required, fails to give a new bond within the
1901	1901	period prescribed;
1902	1902	(4) is absent from the state for a consecutive period
1903	1903	of three or more months without the court's permission, or removes
1904	1904	from the state;
1905	1905	(5) cannot be served with notices or other processes
1906	1906	because:
1907	1907	(A) the guardian's whereabouts are unknown;
1908	1908	(B) the guardian is eluding service; or
1909	1909	(C) the guardian is a nonresident of this state
1910	1910	who does not have a resident agent to accept service of process in
1911	1911	any guardianship proceeding or other matter relating to the
1912	1912	guardianship;
1913	1913	(6) subject to Section 1203.056(a):
1914	1914	(A) has misapplied, embezzled, or removed from
1915	1915	the state, or is about to misapply, embezzle, or remove from the
1916	1916	state, any of the property entrusted to the guardian's care; or
1917	1917	(B) has engaged in conduct with respect to the
1918	1918	ward that would be considered to be abuse, neglect, or
1919	1919	exploitation, as those terms are defined by Section 48.002, Human
1920	1920	Resources Code, if engaged in with respect to an elderly or disabled
1921	1921	person, as defined by that section [neglected or cruelly treated a
1922	1922	ward]; or
1923	1923	(7) has neglected to educate or maintain the ward as
1924	1924	liberally as the means of the ward and the condition of the ward's
1925	1925	estate permit.
1926	1926	(b) In a proceeding to remove a guardian under Subsection
1927	1927	(a)(6) or (7), the court shall appoint a guardian ad litem as
1928	1928	provided by Subchapter B, Chapter 1054, and an attorney ad litem.
1929	1929	The attorney ad litem has the duties prescribed by Section
1930	1930	1054.004. In the interest of judicial economy, the court may
1931	1931	appoint the same person as guardian ad litem and attorney ad litem
1932	1932	unless a conflict exists between the interests to be represented by
1933	1933	the guardian ad litem and attorney ad litem.
1934	1934	SECTION 6.054. Section 1203.052(a), Estates Code, as
1935	1935	effective January 1, 2014, is amended to conform to Section 11,
1936	1936	Chapter 599 (S.B. 220), Acts of the 82nd Legislature, Regular
1937	1937	Session, 2011, to read as follows:
1938	1938	(a) The court may remove a guardian on the court's own
1939	1939	motion, or on the complaint of an interested person, after the
1940	1940	guardian has been cited by personal service to answer at a time and
1941	1941	place set in the notice, if:
1942	1942	(1) sufficient grounds appear to support a belief that
1943	1943	the guardian has misapplied, embezzled, or removed from the state,
1944	1944	or is about to misapply, embezzle, or remove from the state, any of
1945	1945	the property entrusted to the guardian's care;
1946	1946	(2) the guardian fails to return any account or report
1947	1947	that is required by law to be made;
1948	1948	(3) the guardian fails to obey a proper order of the
1949	1949	court that has jurisdiction with respect to the performance of the
1950	1950	guardian's duties;
1951	1951	(4) the guardian is proved to have been guilty of gross
1952	1952	misconduct or mismanagement in the performance of the guardian's
1953	1953	duties;
1954	1954	(5) the guardian:
1955	1955	(A) becomes incapacitated;
1956	1956	(B) is sentenced to the penitentiary; or
1957	1957	(C) from any other cause, becomes incapable of
1958	1958	properly performing the duties of the guardian's trust;
1959	1959	(6) the guardian has engaged in conduct with respect
1960	1960	to the ward that would be considered to be abuse, neglect, or
1961	1961	exploitation, as those terms are defined by Section 48.002, Human
1962	1962	Resources Code, if engaged in with respect to an elderly or disabled
1963	1963	person, as defined by that section [neglects or cruelly treats the
1964	1964	ward];
1965	1965	(7) the guardian neglects to educate or maintain the
1966	1966	ward as liberally as the means of the ward's estate and the ward's
1967	1967	ability or condition permit;
1968	1968	(8) the guardian interferes with the ward's progress
1969	1969	or participation in programs in the community;
1970	1970	(9) the guardian fails to comply with the requirements
1971	1971	of Subchapter G, Chapter 1104;
1972	1972	(10) the court determines that, because of the
1973	1973	dissolution of the joint guardians' marriage, the termination of
1974	1974	the guardians' joint appointment and the continuation of only one
1975	1975	of the joint guardians as the sole guardian is in the best interest
1976	1976	of the ward; or
1977	1977	(11) the guardian would be ineligible for appointment
1978	1978	as a guardian under Subchapter H, Chapter 1104.
1979	1979	SECTION 6.055. Subchapter B, Chapter 1203, Estates Code, as
1980	1980	effective January 1, 2014, is amended to conform to Section 1,
1981	1981	Chapter 1218 (S.B. 481), Acts of the 82nd Legislature, Regular
1982	1982	Session, 2011, by adding Section 1203.0531 to read as follows:
1983	1983	Sec. 1203.0531. NOTICE OF REMOVAL ORDER. The court clerk
1984	1984	shall issue notice of an order rendered by the court removing a
1985	1985	guardian under Section 1203.051(a)(1), (2), (3), (4), (6), or (7).
1986	1986	The notice must:
1987	1987	(1) state the names of the ward and the removed
1988	1988	guardian;
1989	1989	(2) state the date the court signed the order of
1990	1990	removal;
1991	1991	(3) contain the following statement printed in
1992	1992	12-point bold font:
1993	1993	"If you have been removed from serving as guardian under
1994	1994	Section 1203.051(a)(6)(A) or (B), Estates Code, you have the right
1995	1995	to contest the order of removal by filing an application with the
1996	1996	court for a hearing under Section 1203.056, Estates Code, to
1997	1997	determine whether you should be reinstated as guardian. The
1998	1998	application must be filed not later than the 30th day after the date
1999	1999	the court signed the order of removal.";
2000	2000	(4) contain as an attachment a copy of the order of
2001	2001	removal; and
2002	2002	(5) be personally served on the removed guardian not
2003	2003	later than the seventh day after the date the court signed the order
2004	2004	of removal.
2005	2005	SECTION 6.056. Sections 1203.056(a), (b), and (e), Estates
2006	2006	Code, as effective January 1, 2014, are amended to conform to
2007	2007	Section 11, Chapter 599 (S.B. 220), and Section 2, Chapter 1218
2008	2008	(S.B. 481), Acts of the 82nd Legislature, Regular Session, 2011, to
2009	2009	read as follows:
2010	2010	(a) The court may remove a guardian under Section
2011	2011	1203.051(a)(6)(A) [1203.051(6)(A)] or (B) only on the presentation
2012	2012	of clear and convincing evidence given under oath.
2013	2013	(b) Not later than the 30th [10th] day after the date the
2014	2014	court signs the order of removal, a guardian who is removed under
2015	2015	Section 1203.051(a)(6)(A) [1203.051(6)(A)] or (B) may file an
2016	2016	application with the court for a hearing to determine whether the
2017	2017	guardian should be reinstated.
2018	2018	(e) The court shall hold a hearing on an application for
2019	2019	reinstatement under this section as soon as practicable after the
2020	2020	application is filed, but not later than the 60th day after the date
2021	2021	the court signed the order of removal. If, at the conclusion of the
2022	2022	[a] hearing [under this section], the court is satisfied by a
2023	2023	preponderance of the evidence that the applicant did not engage in
2024	2024	the conduct that directly led to the applicant's removal, the court
2025	2025	shall:
2026	2026	(1) set aside any order appointing a successor
2027	2027	guardian; and
2028	2028	(2) enter an order reinstating the applicant as
2029	2029	guardian of the ward or estate.
2030	2030	SECTION 6.057. The heading to Section 1203.102, Estates
2031	2031	Code, as effective January 1, 2014, is amended to conform to Section
2032	2032	11, Chapter 599 (S.B. 220), Acts of the 82nd Legislature, Regular
2033	2033	Session, 2011, to read as follows:
2034	2034	Sec. 1203.102. APPOINTMENT BECAUSE OF RESIGNATION,
2035	2035	REMOVAL, OR DEATH; HEARING TO SET ASIDE IMMEDIATE APPOINTMENT.
2036	2036	SECTION 6.058. Section 1203.102, Estates Code, as effective
2037	2037	January 1, 2014, is amended to conform to Section 11, Chapter 599
2038	2038	(S.B. 220), Acts of the 82nd Legislature, Regular Session, 2011, by
2039	2039	amending Subsection (b) and adding Subsections (c) and (d) to read
2040	2040	as follows:
2041	2041	(b) The court may appoint a successor guardian under this
2042	2042	section without citation or notice if the court finds that a
2043	2043	necessity exists for the immediate appointment. Subject to an
2044	2044	order of the court, a successor guardian has the rights and powers
2045	2045	of the removed guardian.
2046	2046	(c) The appointment of a successor guardian under
2047	2047	Subsection (b) does not preclude an interested person from filing
2048	2048	an application to be appointed guardian of the ward for whom the
2049	2049	successor guardian was appointed. The court shall hold a hearing on
2050	2050	an application filed under the circumstances described by this
2051	2051	subsection. At the conclusion of the hearing, the court may set
2052	2052	aside the appointment of the successor guardian and appoint the
2053	2053	applicant as the ward's guardian if the applicant is not
2054	2054	disqualified and after considering the requirements of Subchapter B
2055	2055	or C, Chapter 1104, as applicable.
2056	2056	(d) If the court sets aside the appointment of the successor
2057	2057	guardian under this section, the court may require the successor
2058	2058	guardian to prepare and file, under oath, an accounting of the
2059	2059	estate and to detail the disposition the successor has made of the
2060	2060	estate property.
2061	2061	SECTION 6.059. Sections 1204.001(b) and (e), Estates Code,
2062	2062	as effective January 1, 2014, are amended to conform to Section 25,
2063	2063	Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular
2064	2064	Session, 2011, to read as follows:
2065	2065	(b) A guardianship of the estate of a ward shall be settled
2066	2066	when:
2067	2067	(1) the ward dies;
2068	2068	(2) a minor ward becomes an adult by:
2069	2069	(A) becoming 18 years of age;
2070	2070	(B) removal of disabilities of minority
2071	2071	according to the law of this state; or
2072	2072	(C) marriage;
2073	2073	(3) an incapacitated ward is decreed as provided by
2074	2074	law to have been restored to full legal capacity;
2075	2075	(4) the spouse of a married ward has qualified as
2076	2076	survivor in community and the ward does not own separate property;
2077	2077	(5) the ward's estate is exhausted;
2078	2078	(6) the foreseeable income accruing to the ward or to
2079	2079	the ward's estate is so negligible that maintaining the
2080	2080	guardianship in force would be burdensome;
2081	2081	(7) all of the assets of the estate have been placed in
2082	2082	a management trust under Chapter 1301 or have been transferred to a
2083	2083	pooled trust subaccount in accordance with a court order issued as
2084	2084	provided by Chapter 1302, and the court determines that a
2085	2085	guardianship of [for] the ward's estate [ward] is no longer
2086	2086	necessary; or
2087	2087	(8) the court determines for any other reason that a
2088	2088	guardianship for the ward is no longer necessary.
2089	2089	(e) In the settlement of a guardianship of the estate, the
2090	2090	court may appoint an attorney ad litem to represent the ward's
2091	2091	interests and may allow the attorney ad litem reasonable
2092	2092	compensation to be taxed as costs [for services provided by the
2093	2093	attorney out of the ward's estate].
2094	2094	SECTION 6.060. Section 1301.051, Estates Code, as effective
2095	2095	January 1, 2014, is amended to conform to Section 30, Chapter 1085
2096	2096	(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,
2097	2097	to read as follows:
2098	2098	Sec. 1301.051. ELIGIBILITY TO APPLY FOR CREATION OF TRUST.
2099	2099	The following persons may apply for the creation of a trust under
2100	2100	this subchapter:
2101	2101	(1) the guardian of a ward;
2102	2102	(2) an attorney ad litem or guardian ad litem
2103	2103	appointed to represent a ward or the ward's interests;
2104	2104	(3) a person interested in the welfare of an alleged
2105	2105	incapacitated person who does not have a guardian [of the estate];
2106	2106	[or]
2107	2107	(4) an attorney ad litem or guardian ad litem
2108	2108	appointed to represent[:
2109	2109	[(A)] an alleged incapacitated person who does
2110	2110	not have a guardian; or
2111	2111	(5) a person who has only a physical disability
2112	2112	[(B) the interests of a person described by Paragraph (A)].
2113	2113	SECTION 6.061. Section 1301.052(b), Estates Code, as
2114	2114	effective January 1, 2014, is amended to conform a reference to a
2115	2115	redesignation made by Section 6.015(c) of this Act to read as
2116	2116	follows:
2117	2117	(b) If a proceeding for the appointment of a guardian for an
2118	2118	alleged incapacitated person is not pending on the date an
2119	2119	application is filed for the creation of a trust under Section
2120	2120	1301.054 for the person, venue for a proceeding to create a trust
2121	2121	must be determined in the same manner as venue for a proceeding for
2122	2122	the appointment of a guardian is determined under Section 1023.001
2123	2123	[610].
2124	2124	SECTION 6.062. Section 1301.053, Estates Code, as effective
2125	2125	January 1, 2014, is amended to conform to Section 30, Chapter 1085
2126	2126	(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,
2127	2127	to read as follows:
2128	2128	Sec. 1301.053. CREATION OF TRUST [FOR WARD]. (a) On
2129	2129	application by an appropriate person as provided by Section
2130	2130	1301.051 and subject to Section 1301.054(a), if applicable, the
2131	2131	court with jurisdiction over the proceedings [a guardianship] may
2132	2132	enter an order that creates [for the ward's benefit] a trust for the
2133	2133	management of the [guardianship] funds of the person with respect
2134	2134	to whom the application is filed if the court finds that the
2135	2135	creation of the trust is in the person's [ward's] best interests.
2136	2136	(b) The court may [shall] maintain a trust created under
2137	2137	this section under the same cause number as the guardianship
2138	2138	proceeding, if the person for whom the trust is created is a ward or
2139	2139	proposed ward.
2140	2140	SECTION 6.063. Section 1301.054(d), Estates Code, as
2141	2141	effective January 1, 2014, is amended to conform to Section 30,
2142	2142	Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular
2143	2143	Session, 2011, to read as follows:
2144	2144	(d) The court may [shall] maintain a trust created under
2145	2145	this section under the same cause number as the guardianship
2146	2146	proceeding, if the person for whom the trust is created is a ward or
2147	2147	proposed ward [applicable].
2148	2148	SECTION 6.064. Section 1301.056, Estates Code, as effective
2149	2149	January 1, 2014, is amended to conform to Section 30, Chapter 1085
2150	2150	(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,
2151	2151	and to more closely conform to the source law from which the section
2152	2152	was derived to read as follows:
2153	2153	Sec. 1301.056. CONTENTS OF ORDER CREATING TRUST. An order
2154	2154	creating a management trust must:
2155	2155	(1) direct any [a] person or entity holding property
2156	2156	that belongs to the [ward or incapacitated] person[, as
2157	2157	applicable,] for whom the trust is created or to which that [the
2158	2158	ward or incapacitated] person is entitled[,] to deliver all or part
2159	2159	of that property to a person or [the] corporate fiduciary [or other
2160	2160	person] appointed as trustee of the trust; and
2161	2161	(2) include terms and limitations placed on the trust.
2162	2162	SECTION 6.065. Section 1301.057(c), Estates Code, as
2163	2163	effective January 1, 2014, is amended to conform to Section 30,
2164	2164	Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular
2165	2165	Session, 2011, to read as follows:
2166	2166	(c) The court may appoint a person or entity described by
2167	2167	Subsection (d) to serve as trustee of a management trust instead of
2168	2168	appointing a financial institution to serve in that capacity if the
2169	2169	court finds:
2170	2170	(1) that the appointment is in the best interests of
2171	2171	the [ward or incapacitated] person for whom the trust is created;
2172	2172	and
2173	2173	(2) if the value of the trust's principal is more than
2174	2174	$150,000, that the applicant for the creation of the trust, after
2175	2175	the exercise of due diligence, has been unable to find a financial
2176	2176	institution in the geographic area willing to serve as trustee.
2177	2177	SECTION 6.066. Section 1301.101, Estates Code, as effective
2178	2178	January 1, 2014, is amended to conform to Section 31, Chapter 1085
2179	2179	(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,
2180	2180	to read as follows:
2181	2181	Sec. 1301.101. REQUIRED TERMS. (a) Except as provided by
2182	2182	Subsection (c), a management trust must provide that:
2183	2183	(1) the ward, [or] incapacitated person, or person who
2184	2184	has only a physical disability for whom the trust is created is the
2185	2185	sole beneficiary of the trust;
2186	2186	(2) the trustee may disburse an amount of the trust's
2187	2187	principal or income as the trustee determines is necessary to spend
2188	2188	for the health, education, maintenance, or support of the [ward or
2189	2189	incapacitated] person for whom the trust is created;
2190	2190	(3) the trust income that the trustee does not
2191	2191	disburse under Subdivision (2) must be added to the trust
2192	2192	principal;
2193	2193	(4) a trustee that is a corporate fiduciary serves
2194	2194	without giving a bond; and
2195	2195	(5) subject to the court's approval and Subsection
2196	2196	(b), the trustee is entitled to receive reasonable compensation for
2197	2197	services the trustee provides to the [ward or incapacitated] person
2198	2198	for whom the trust is created as the person's trustee.
2199	2199	(b) A trustee's compensation under Subsection (a)(5) must
2200	2200	be:
2201	2201	(1) paid from the management trust's income,
2202	2202	principal, or both; and
2203	2203	(2) determined, paid, reduced, and eliminated in the
2204	2204	same manner as compensation of a guardian [of an estate] under
2205	2205	Subchapter A, Chapter 1155.
2206	2206	(c) The court creating or modifying a management trust may
2207	2207	omit or modify terms required by Subsection (a)(1) or (2) only if
2208	2208	the court determines that the omission or modification:
2209	2209	(1) is necessary and appropriate for the [ward or
2210	2210	incapacitated] person for whom the trust is created to be eligible
2211	2211	to receive public benefits or assistance under a state or federal
2212	2212	program that is not otherwise available to the [ward or
2213	2213	incapacitated] person; and
2214	2214	(2) is in the [ward's or incapacitated person's] best
2215	2215	interests of the person for whom the trust is created.
2216	2216	SECTION 6.067. Section 1301.102(a), Estates Code, as
2217	2217	effective January 1, 2014, is amended to conform to Section 31,
2218	2218	Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular
2219	2219	Session, 2011, to read as follows:
2220	2220	(a) A management trust may provide that the trustee make a
2221	2221	distribution, payment, use, or application of trust funds for the
2222	2222	health, education, maintenance, or support of the [ward or
2223	2223	incapacitated] person for whom the trust is created or of another
2224	2224	person whom the [ward or incapacitated] person for whom the trust is
2225	2225	created is legally obligated to support:
2226	2226	(1) as necessary and without the intervention of:
2227	2227	(A) a guardian or other representative of the
2228	2228	ward; or
2229	2229	(B) a representative of the incapacitated person
2230	2230	or person who has only a physical disability; and
2231	2231	(2) to:
2232	2232	(A) the ward's guardian;
2233	2233	(B) a person who has physical custody of the
2234	2234	[ward or incapacitated] person for whom the trust is created or of
2235	2235	another person whom the [ward or incapacitated] person for whom the
2236	2236	trust is created is legally obligated to support; or
2237	2237	(C) a person providing a good or service to the
2238	2238	[ward or incapacitated] person for whom the trust is created or to
2239	2239	another person whom the [ward or incapacitated] person for whom the
2240	2240	trust is created is legally obligated to support.
2241	2241	SECTION 6.068. Subchapter D, Chapter 1301, Estates Code, as
2242	2242	effective January 1, 2014, is amended to conform to Section 35,
2243	2243	Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular
2244	2244	Session, 2011, by adding Section 1301.1535 to read as follows:
2245	2245	Sec. 1301.1535. INITIAL ACCOUNTING BY CERTAIN TRUSTEES
2246	2246	REQUIRED. (a) This section applies only to a trustee of a
2247	2247	management trust created for a person for whom a guardianship
2248	2248	proceeding is pending on the date the trust is created.
2249	2249	(b) Not later than the 30th day after the date a trustee to
2250	2250	which this section applies receives property into the trust, the
2251	2251	trustee shall file with the court in which the guardianship
2252	2252	proceeding is pending a report describing all property held in the
2253	2253	trust on the date of the report and specifying the value of the
2254	2254	property on that date.
2255	2255	SECTION 6.069. Section 1301.154, Estates Code, as effective
2256	2256	January 1, 2014, is amended to conform to Section 36, Chapter 1085
2257	2257	(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,
2258	2258	by amending Subsection (a) and adding Subsection (d) to read as
2259	2259	follows:
2260	2260	(a) Except as provided by Subsection (d), the [The] trustee
2261	2261	of a management trust shall prepare and file with the court an
2262	2262	annual accounting of transactions in the trust in the same manner
2263	2263	and form that is required of a guardian under this title.
2264	2264	(d) The court may not require a trustee of a trust created
2265	2265	for a person who has only a physical disability to prepare and file
2266	2266	with the court the annual accounting as described by Subsection
2267	2267	(a).
2268	2268	SECTION 6.070. Section 1301.201(b), Estates Code, as
2269	2269	effective January 1, 2014, is amended to conform to Section 33,
2270	2270	Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular
2271	2271	Session, 2011, to read as follows:
2272	2272	(b) The following may not revoke a management trust:
2273	2273	(1) the ward for whom the trust is created or the
2274	2274	guardian of the ward's estate; [or]
2275	2275	(2) the incapacitated person for whom the trust is
2276	2276	created; or
2277	2277	(3) the person who has only a physical disability for
2278	2278	whom the trust is created.
2279	2279	SECTION 6.071. Sections 1301.202(a) and (b), Estates Code,
2280	2280	as effective January 1, 2014, are amended to conform to Section 32,
2281	2281	Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular
2282	2282	Session, 2011, to read as follows:
2283	2283	(a) If the court determines that it is in the best interests
2284	2284	of the [a ward or incapacitated] person for whom a management trust
2285	2285	is created, the court may order the transfer of all property in the
2286	2286	management trust to a pooled trust subaccount established in
2287	2287	accordance with Chapter 1302.
2288	2288	(b) The transfer of property from the management trust to
2289	2289	the pooled trust subaccount shall be treated as a continuation of
2290	2290	the management trust and may not be treated as the establishment of
2291	2291	a new trust for purposes of 42 U.S.C. Section 1396p(d)(4)(A) or (C)
2292	2292	or otherwise for purposes of the management trust beneficiary's
2293	2293	[ward's or incapacitated person's] eligibility for medical
2294	2294	assistance under Chapter 32, Human Resources Code.
2295	2295	SECTION 6.072. Section 1301.203, Estates Code, as effective
2296	2296	January 1, 2014, is amended to conform to Section 34, Chapter 1085
2297	2297	(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,
2298	2298	to read as follows:
2299	2299	Sec. 1301.203. TERMINATION OF TRUST. (a) If the [ward or
2300	2300	incapacitated] person for whom a management trust is created is a
2301	2301	minor, the trust terminates on:
2302	2302	(1) the earlier of:
2303	2303	(A) the [ward's or incapacitated] person's death;
2304	2304	or
2305	2305	(B) the [ward's or incapacitated] person's 18th
2306	2306	birthday; or
2307	2307	(2) the date provided by court order, which may not be
2308	2308	later than the [ward's or incapacitated] person's 25th birthday.
2309	2309	(b) If the [ward or incapacitated] person for whom a
2310	2310	management trust is created is not a minor, the trust terminates
2311	2311	[on]:
2312	2312	(1) according to the terms of the trust;
2313	2313	(2) on the date the court determines that continuing
2314	2314	the trust is no longer in the [ward's or incapacitated] person's
2315	2315	best interests, subject to Section 1301.202(c); or
2316	2316	(3) on [(2)] the [ward's or incapacitated] person's
2317	2317	death.
2318	2318	SECTION 6.073. Section 1301.204, Estates Code, as effective
2319	2319	January 1, 2014, is amended to conform to Section 37, Chapter 1085
2320	2320	(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,
2321	2321	to read as follows:
2322	2322	Sec. 1301.204. DISTRIBUTION OF TRUST PROPERTY. (a) Unless
2323	2323	otherwise provided by the court and except as provided by
2324	2324	Subsection (b), the trustee of a management trust shall:
2325	2325	(1) prepare a final account in the same form and manner
2326	2326	that is required of a guardian under Sections 1204.101 and
2327	2327	1204.102; and
2328	2328	(2) on court approval, distribute the principal or any
2329	2329	undistributed income of the trust to:
2330	2330	(A) the ward or incapacitated person when the
2331	2331	trust terminates on the trust's own terms;
2332	2332	(B) the successor trustee on appointment of a
2333	2333	successor trustee; or
2334	2334	(C) the representative of the deceased ward's or
2335	2335	incapacitated person's estate on the ward's or incapacitated
2336	2336	person's death.
2337	2337	(b) The court may not require a trustee of a trust created
2338	2338	for a person who has only a physical disability to prepare and file
2339	2339	with the court a final account as described by Subsection (a)(1).
2340	2340	The trustee shall distribute the principal and any undistributed
2341	2341	income of the trust in the manner provided by Subsection (a)(2) for
2342	2342	a trust the beneficiary of which is a ward or incapacitated person.
2343	2343	SECTION 6.074. Section 1302.002, Estates Code, as effective
2344	2344	January 1, 2014, is amended to conform to Section 39, Chapter 1085
2345	2345	(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,
2346	2346	to read as follows:
2347	2347	Sec. 1302.002. APPLICATION TO ESTABLISH SUBACCOUNT. The
2348	2348	following persons [A person interested in the welfare of a minor, a
2349	2349	disabled person, or any other incapacitated person] may apply to
2350	2350	the court for the establishment of a subaccount for the benefit of a
2351	2351	[the] minor[, disabled person,] or other incapacitated person, an
2352	2352	alleged incapacitated person, or a disabled person who is not an
2353	2353	incapacitated person:
2354	2354	(1) the guardian of the incapacitated person;
2355	2355	(2) a person who has filed an application for the
2356	2356	appointment of a guardian for the alleged incapacitated person;
2357	2357	(3) an attorney ad litem or guardian ad litem
2358	2358	appointed to represent:
2359	2359	(A) the incapacitated person who is a ward or
2360	2360	that person's interests; or
2361	2361	(B) the alleged incapacitated person who does not
2362	2362	have a guardian; or
2363	2363	(4) the disabled person [as the beneficiary].
2364	2364	SECTION 6.075. The heading to Part 2, Subtitle Y, Title 3,
2365	2365	Estates Code, as effective January 1, 2014, is amended to conform to
2366	2366	Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular
2367	2367	Session, 2011, to read as follows:
2368	2368	PART 2. GUARDIANSHIP PROCEEDINGS [AND MATTERS]
2369	2369	SECTION 6.076. The heading to Subtitle Z, Title 3, Estates
2370	2370	Code, as effective January 1, 2014, is amended to read as follows:
2371	2371	SUBTITLE Z. TEXAS PROBATE CODE: [;] ADDITIONAL GUARDIANSHIP
2372	2372	PROVISIONS
2373	2373	SECTION 6.077. The heading to Part 2, Subtitle Z, Title 3,
2374	2374	Estates Code, as effective January 1, 2014, is amended to conform to
2375	2375	Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular
2376	2376	Session, 2011, to read as follows:
2377	2377	PART 2. GUARDIANSHIP PROCEEDINGS [AND MATTERS]
2378	2378	SECTION 6.078. (a) Sections 3.01(b) and (c), Chapter 823
2379	2379	(H.B. 2759), Acts of the 82nd Legislature, Regular Session, 2011,
2380	2380	which transferred to the Estates Code Sections 605, 606, 607, 608,
2381	2381	609, 610, 611, 612, 613, 614, 615, 616, 617, and 618, Texas Probate
2382	2382	Code, are repealed.
2383	2383	(b) Subtitle Y, Title 2, Estates Code, as effective January
2384	2384	1, 2014, is repealed.
2385	2385	(c) Subparts A and B, Part 2, Subtitle Y, Title 3, Estates
2386	2386	Code, as effective January 1, 2014, are repealed.
2387	2387	SECTION 6.079. This article takes effect January 1, 2014.
2388	2388	ARTICLE 7. CHANGES RELATING TO FAMILY CODE
2389	2389	SECTION 7.001. Section 51.03(b), Family Code, as amended by
2390	2390	Chapters 1150 (H.B. 2015) and 1322 (S.B. 407), Acts of the 82nd
2391	2391	Legislature, Regular Session, 2011, is reenacted and amended to
2392	2392	read as follows:
2393	2393	(b) Conduct indicating a need for supervision is:
2394	2394	(1) subject to Subsection (f), conduct, other than a
2395	2395	traffic offense, that violates:
2396	2396	(A) the penal laws of this state of the grade of
2397	2397	misdemeanor that are punishable by fine only; or
2398	2398	(B) the penal ordinances of any political
2399	2399	subdivision of this state;
2400	2400	(2) the absence of a child on 10 or more days or parts
2401	2401	of days within a six-month period in the same school year or on
2402	2402	three or more days or parts of days within a four-week period from
2403	2403	school;
2404	2404	(3) the voluntary absence of a child from the child's
2405	2405	home without the consent of the child's parent or guardian for a
2406	2406	substantial length of time or without intent to return;
2407	2407	(4) conduct prohibited by city ordinance or by state
2408	2408	law involving the inhalation of the fumes or vapors of paint and
2409	2409	other protective coatings or glue and other adhesives and the
2410	2410	volatile chemicals itemized in Section 485.001, Health and Safety
2411	2411	Code;
2412	2412	(5) an act that violates a school district's
2413	2413	previously communicated written standards of student conduct for
2414	2414	which the child has been expelled under Section 37.007(c),
2415	2415	Education Code;
2416	2416	(6) conduct that violates a reasonable and lawful
2417	2417	order of a court entered under Section 264.305; [or]
2418	2418	(7) notwithstanding Subsection (a)(1), conduct
2419	2419	described by Section 43.02(a)(1) or (2), Penal Code; or
2420	2420	(8) [(7)] conduct that violates Section 43.261, Penal
2421	2421	Code.
2422	2422	SECTION 7.002. Section 54.021(a), Family Code, as amended
2423	2423	by Chapters 148 (H.B. 734) and 1098 (S.B. 1489), Acts of the 82nd
2424	2424	Legislature, Regular Session, 2011, is reenacted to read as
2425	2425	follows:
2426	2426	(a) The juvenile court may waive its exclusive original
2427	2427	jurisdiction and transfer a child to the constitutional county
2428	2428	court, if the county has a population of 1.75 million or more, or to
2429	2429	an appropriate justice or municipal court, with the permission of
2430	2430	the county, justice, or municipal court, for disposition in the
2431	2431	manner provided by Subsection (b) if the child is 12 years of age or
2432	2432	older and is alleged to have engaged in conduct described in Section
2433	2433	51.03(b)(2). A waiver of jurisdiction under this subsection may be
2434	2434	for an individual case or for all cases in which a child is alleged
2435	2435	to have engaged in conduct described in Section 51.03(b)(2). The
2436	2436	waiver of a juvenile court's exclusive original jurisdiction for
2437	2437	all cases in which a child is alleged to have engaged in conduct
2438	2438	described in Section 51.03(b)(2) is effective for a period of one
2439	2439	year.
2440	2440	SECTION 7.003. Section 58.003(d), Family Code, as amended
2441	2441	by Chapters 1150 (H.B. 2015) and 1322 (S.B. 407), Acts of the 82nd
2442	2442	Legislature, Regular Session, 2011, is reenacted and amended to
2443	2443	read as follows:
2444	2444	(d) The court may grant to a child the relief authorized in
2445	2445	Subsection (a), (c-1), [or] (c-3), or (c-5) at any time after final
2446	2446	discharge of the child or after the last official action in the case
2447	2447	if there was no adjudication, subject, if applicable, to Subsection
2448	2448	(e). If the child is referred to the juvenile court for conduct
2449	2449	constituting any offense and at the adjudication hearing the child
2450	2450	is found to be not guilty of each offense alleged, the court shall
2451	2451	immediately and without any additional hearing order the sealing of
2452	2452	all files and records relating to the case.
2453	2453	SECTION 7.004. Section 58.106(a), Family Code, as amended
2454	2454	by Chapters 186 (S.B. 1241), 653 (S.B. 1106), and 1098 (S.B. 1489),
2455	2455	Acts of the 82nd Legislature, Regular Session, 2011, is reenacted
2456	2456	and amended to read as follows:
2457	2457	(a) Except as otherwise provided by this section,
2458	2458	information contained in the juvenile justice information system is
2459	2459	confidential information for the use of the department and may not
2460	2460	be disseminated by the department except:
2461	2461	(1) with the permission of the juvenile offender, to
2462	2462	military personnel of this state or the United States;
2463	2463	(2) to a person or entity to which the department may
2464	2464	grant access to adult criminal history records as provided by
2465	2465	Section 411.083, Government Code;
2466	2466	(3) to a juvenile justice agency;
2467	2467	(4) to the Texas Youth Commission and the Texas
2468	2468	Juvenile Probation Commission for analytical purposes;
2469	2469	(5) to the office of independent ombudsman of the
2470	2470	Texas Youth Commission; and
2471	2471	(6) to a county, justice, or municipal court
2472	2472	exercising jurisdiction over a juvenile, including a court
2473	2473	exercising jurisdiction over a juvenile under Section 54.021.
2474	2474	ARTICLE 8. CHANGES RELATING TO FINANCE CODE
2475	2475	SECTION 8.001. Section 14.2015(a), Finance Code, as amended
2476	2476	by Chapters 1182 (H.B. 3453) and 1302 (H.B. 2594), Acts of the 82nd
2477	2477	Legislature, Regular Session, 2011, is reenacted to read as
2478	2478	follows:
2479	2479	(a) Except as provided by Subsection (b), information or
2480	2480	material obtained or compiled by the commissioner in relation to an
2481	2481	examination or investigation by the commissioner or the
2482	2482	commissioner's representative of a license holder, registrant,
2483	2483	applicant, or other person under Subtitle B or C, Title 4,
2484	2484	Subchapter G of Chapter 393, or Chapter 394 is confidential and may
2485	2485	not be disclosed by the commissioner or an officer or employee of
2486	2486	the Office of Consumer Credit Commissioner, including:
2487	2487	(1) information obtained from a license holder,
2488	2488	registrant, applicant, or other person examined or investigated
2489	2489	under Subtitle B or C, Title 4, Subchapter G of Chapter 393, or
2490	2490	Chapter 394;
2491	2491	(2) work performed by the commissioner or the
2492	2492	commissioner's representative on information obtained from a
2493	2493	license holder, registrant, applicant, or other person for the
2494	2494	purposes of an examination or investigation conducted under
2495	2495	Subtitle B or C, Title 4, Chapter 393 with respect to a credit
2496	2496	access business, or Chapter 394;
2497	2497	(3) a report on an examination or investigation of a
2498	2498	license holder, registrant, applicant, or other person conducted
2499	2499	under Subtitle B or C, Title 4, Chapter 393 with respect to a credit
2500	2500	access business, or Chapter 394; and
2501	2501	(4) any written communications between the license
2502	2502	holder, registrant, applicant, or other person, as applicable, and
2503	2503	the commissioner or the commissioner's representative relating to
2504	2504	or referencing an examination or investigation conducted under
2505	2505	Subtitle B or C, Title 4, Chapter 393 with respect to a credit
2506	2506	access business, or Chapter 394.
2507	2507	SECTION 8.002 Section 348.005, Finance Code, is amended to
2508	2508	correct a reference to read as follows:
2509	2509	Sec. 348.005. ITEMIZED CHARGE. An amount in a retail
2510	2510	installment contract is an itemized charge if the amount is not
2511	2511	included in the cash price and is the amount of:
2512	2512	(1) fees for registration, certificate of title, and
2513	2513	license and any additional registration fees charged by a full
2514	2514	service deputy under Section 520.008 [502.114], Transportation
2515	2515	Code;
2516	2516	(2) any taxes;
2517	2517	(3) fees or charges prescribed by law and connected
2518	2518	with the sale or inspection of the motor vehicle; and
2519	2519	(4) charges authorized for insurance, service
2520	2520	contracts, warranties, or a debt cancellation agreement by
2521	2521	Subchapter C.
2522	2522	SECTION 8.003 Section 353.006, Finance Code, is amended to
2523	2523	correct a reference to read as follows:
2524	2524	Sec. 353.006. ITEMIZED CHARGE. An amount in a retail
2525	2525	installment contract is an itemized charge if the amount is not
2526	2526	included in the cash price and is the amount of:
2527	2527	(1) fees for registration, certificate of title, and
2528	2528	license and any additional registration fees charged by a full
2529	2529	service deputy under Section 520.008 [502.114], Transportation
2530	2530	Code;
2531	2531	(2) any taxes;
2532	2532	(3) fees or charges prescribed by law and connected
2533	2533	with the sale or inspection of the commercial vehicle;
2534	2534	(4) charges authorized for insurance, service
2535	2535	contracts, and warranties by Subchapter C; and
2536	2536	(5) advances or payments authorized under Section
2537	2537	353.402(b) or (c) made by the retail seller to or for the benefit of
2538	2538	the retail buyer.
2539	2539	ARTICLE 9. CHANGES RELATING TO GOVERNMENT CODE
2540	2540	PART A. GENERAL CHANGES
2541	2541	SECTION 9.001. Section 411.091(b), Government Code, is
2542	2542	amended to correct a reference to read as follows:
2543	2543	(b) Criminal history record information obtained by the
2544	2544	commission under Subsection (a) [(a)(1)] may be used only for the
2545	2545	enforcement and administration of the Alcoholic Beverage Code.
2546	2546	SECTION 9.002. Section 411.105, Government Code, is amended
2547	2547	to conform to the repeal of Section 901.412, Occupations Code, by
2548	2548	Chapter 315 (H.B. 2144), Acts of the 80th Legislature, Regular
2549	2549	Session, 2007, to read as follows:
2550	2550	Sec. 411.105. ACCESS TO CRIMINAL HISTORY RECORD
2551	2551	INFORMATION: TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY. The Texas
2552	2552	State Board of Public Accountancy is entitled to obtain from the
2553	2553	department criminal history record information maintained by the
2554	2554	department that relates to a person who is:
2555	2555	(1) an applicant for certification as a certified
2556	2556	public accountant under Chapter 901, Occupations Code; or
2557	2557	(2) an applicant to take the uniform CPA examination
2558	2558	under that Act[; or
2559	2559	[(3) an applicant to register under Section 901.412,
2560	2560	Occupations Code].
2561	2561	SECTION 9.003. Section 411.114(a)(3), Government Code, as
2562	2562	amended by Chapters 598 (S.B. 218), 1056 (S.B. 221), and 1082 (S.B.
2563	2563	1178), Acts of the 82nd Legislature, Regular Session, 2011, is
2564	2564	reenacted and amended to read as follows:
2565	2565	(3) The Department of Family and Protective Services
2566	2566	is entitled to obtain from the department criminal history record
2567	2567	information maintained by the department that relates to a person
2568	2568	who is:
2569	2569	(A) a volunteer or applicant volunteer with a
2570	2570	local affiliate in this state of Big Brothers/Big Sisters of
2571	2571	America;
2572	2572	(B) a volunteer or applicant volunteer with the
2573	2573	"I Have a Dream/Houston" program;
2574	2574	(C) a volunteer or applicant volunteer with an
2575	2575	organization that provides court-appointed special advocates for
2576	2576	abused or neglected children;
2577	2577	(D) a person providing, at the request of the
2578	2578	child's parent, in-home care for a child who is the subject of a
2579	2579	report alleging the child has been abused or neglected;
2580	2580	(E) a volunteer or applicant volunteer with a
2581	2581	Texas chapter of the Make-a-Wish Foundation of America;
2582	2582	(F) a person providing, at the request of the
2583	2583	child's parent, in-home care for a child only if the person gives
2584	2584	written consent to the release and disclosure of the information;
2585	2585	(G) a child who is related to the caretaker, as
2586	2586	determined under Section 42.002, Human Resources Code, and who
2587	2587	resides in or is present in a child-care facility or family home,
2588	2588	other than a child described by Subdivision (2)(C), or any other
2589	2589	person who has unsupervised access to a child in the care of a
2590	2590	child-care facility or family home;
2591	2591	(H) an applicant for a position with the
2592	2592	Department of Family and Protective Services, other than a position
2593	2593	described by Subdivision (2)(D), regardless of the duties of the
2594	2594	position;
2595	2595	(I) a volunteer or applicant volunteer with the
2596	2596	Department of Family and Protective Services, other than a
2597	2597	registered volunteer, regardless of the duties to be performed;
2598	2598	(J) a person providing or applying to provide
2599	2599	in-home, adoptive, or foster care for children to the extent
2600	2600	necessary to comply with Subchapter B, Chapter 162, Family Code;
2601	2601	(K) a Department of Family and Protective
2602	2602	Services employee, other than an employee described by Subdivision
2603	2603	(2)(H), regardless of the duties of the employee's position;
2604	2604	(L) a relative of a child in the care of the
2605	2605	Department of Family and Protective Services, to the extent
2606	2606	necessary to comply with Section 162.007, Family Code;
2607	2607	(M) a person, other than an alleged perpetrator
2608	2608	in a report described in Subdivision (2)(I), living in the
2609	2609	residence in which the alleged victim of the report resides;
2610	2610	(N) a contractor or an employee of a contractor
2611	2611	who delivers services to a ward of the Department of Family and
2612	2612	Protective Services under a contract with the estate of the ward;
2613	2613	(O) a person who seeks unsupervised visits with a
2614	2614	ward of the Department of Family and Protective Services, including
2615	2615	a relative of the ward;
2616	2616	(P) an employee, volunteer, or applicant
2617	2617	volunteer of a children's advocacy center under Subchapter E,
2618	2618	Chapter 264, Family Code, including a member of the governing board
2619	2619	of a center; [or]
2620	2620	(Q) an employee of, an applicant for employment
2621	2621	with, or a volunteer or an applicant volunteer with an entity or
2622	2622	person that contracts with the Department of Family and Protective
2623	2623	Services and has access to confidential information in the
2624	2624	department's records, if the employee, applicant, volunteer, or
2625	2625	applicant volunteer has or will have access to that confidential
2626	2626	information;
2627	2627	(R) [(Q)] an employee of or volunteer at, or an
2628	2628	applicant for employment with or to be a volunteer at, an entity
2629	2629	that provides supervised independent living services to a young
2630	2630	adult receiving extended foster care services from the Department
2631	2631	of Family and Protective Services; or
2632	2632	(S) [(R)] a person 14 years of age or older who
2633	2633	will be regularly or frequently working or staying in a host home
2634	2634	that is providing supervised independent living services to a young
2635	2635	adult receiving extended foster care services from the Department
2636	2636	of Family and Protective Services.
2637	2637	SECTION 9.004. Section 411.135(a), Government Code, is
2638	2638	amended to update a reference to read as follows:
2639	2639	(a) Any person is entitled to obtain from the department:
2640	2640	(1) any information described as public information
2641	2641	under Chapter 62, Code of Criminal Procedure, [as added by Chapter
2642	2642	668, Acts of the 75th Legislature, Regular Session, 1997,]
2643	2643	including, to the extent available, a recent photograph of each
2644	2644	person subject to registration under that chapter; and
2645	2645	(2) criminal history record information maintained by
2646	2646	the department that relates to the conviction of or a grant of
2647	2647	deferred adjudication to a person for any criminal offense,
2648	2648	including arrest information that relates to the conviction or
2649	2649	grant of deferred adjudication.
2650	2650	SECTION 9.005. The heading to Section 413.016, Government
2651	2651	Code, is amended to read as follows:
2652	2652	Sec. 413.016. [REPORT ON] INMATE RELEASE STATISTICS.
2653	2653	SECTION 9.006. Section 419.907(a), Government Code, is
2654	2654	amended to correct a typographical error to read as follows:
2655	2655	(a) To the extent feasible, the commission, the state fire
2656	2656	marshal, and the Texas Forest Service shall colocate office space
2657	2657	outside of Travis County used for related functions performed
2658	2658	[preformed] by the three entities.
2659	2659	SECTION 9.007. Section 432.068(c), Government Code, is
2660	2660	amended to correct references to read as follows:
2661	2661	(c) A person charged with any offense is not liable to be
2662	2662	tried by court-martial or punished under Section 432.015 [432.021]
2663	2663	if the offense was committed more than two years before the date of
2664	2664	receipt of sworn charges and specifications by an officer
2665	2665	exercising summary court-martial jurisdiction over the command, or
2666	2666	before the imposition of punishment under Section 432.015
2667	2667	[432.021].
2668	2668	SECTION 9.008. Section 432.094(c), Government Code, is
2669	2669	amended to correct a reference to read as follows:
2670	2670	(c) The keepers, officers, and wardens of city or county
2671	2671	jails and other jails, penitentiaries, or prisons designated by the
2672	2672	governor or by a person authorized by the governor to act under
2673	2673	Section 432.011 [432.014], shall receive persons ordered into
2674	2674	confinement before trial and persons committed to confinement by a
2675	2675	military court and shall confine them according to law. The keeper,
2676	2676	officer, or warden may not require payment of a fee or charge for
2677	2677	receiving or confining a person.
2678	2678	SECTION 9.009. Section 442.007, Government Code, is amended
2679	2679	to correct a reference to read as follows:
2680	2680	Sec. 442.007. STATE ARCHEOLOGICAL PROGRAM. (a) The
2681	2681	commission, through the state archeologist, shall direct the state
2682	2682	archeological program.
2683	2683	(b) The program must include:
2684	2684	(1) a continuing inventory of nonrenewable
2685	2685	archeological resources;
2686	2686	(2) evaluation of known sites through testing and
2687	2687	excavation;
2688	2688	(3) maintenance of extensive field and laboratory
2689	2689	data, including data on collections of antiquities;
2690	2690	(4) consultation with state agencies and
2691	2691	organizations and local groups concerning archeological and
2692	2692	historical problems; and
2693	2693	(5) publication of the results of the program through
2694	2694	various sources, including a regular series of reports.
2695	2695	(c) The commission may enter into contracts or cooperative
2696	2696	agreements with the federal government, other state agencies, state
2697	2697	or private museums or educational institutions, or qualified
2698	2698	individuals for prehistoric or historic archeological
2699	2699	investigations, surveys, excavations, or restorations in this
2700	2700	state.
2701	2701	(d) The state archeologist has general jurisdiction and
2702	2702	supervision over archeological work, reports, surveys,
2703	2703	excavations, and archeological programs of the commission and of
2704	2704	cooperating state agencies.
2705	2705	(e) The duties of the state archeologist include:
2706	2706	(1) maintaining an inventory of significant historic
2707	2707	or prehistoric sites of archeological or historic interest;
2708	2708	(2) providing public information and education in the
2709	2709	fields of archeology and history;
2710	2710	(3) conducting surveys and excavations with respect to
2711	2711	significant archeological or historic sites in this state;
2712	2712	(4) preparing reports and publications concerning the
2713	2713	work of the office of the state archeologist;
2714	2714	(5) doing cooperative and contract work in prehistoric
2715	2715	and historic archeology with other state agencies, the federal
2716	2716	government, state or private institutions, or individuals;
2717	2717	(6) maintaining and determining the repository of
2718	2718	catalogued collections of artifacts and other materials of
2719	2719	archeological or historic interest; and
2720	2720	(7) preserving the archeological and historical
2721	2721	heritage of this state.
2722	2722	(f) [(e)] The state archeologist shall withhold from
2723	2723	disclosure to the public information relating to the location or
2724	2724	character of archeological or historic resources if the state
2725	2725	archeologist determines that the disclosure of the information may
2726	2726	create a substantial risk of harm, theft, or destruction to the
2727	2727	resources or to the area or place where the resources are located.
2728	2728	SECTION 9.010. Section 499.027(b), Government Code, as
2729	2729	amended by Chapters 1 (S.B. 24) and 122 (H.B. 3000), Acts of the
2730	2730	82nd Legislature, Regular Session, 2011, is reenacted and amended
2731	2731	to read as follows:
2732	2732	(b) An inmate is not eligible under this subchapter to be
2733	2733	considered for release to intensive supervision parole if:
2734	2734	(1) the inmate is awaiting transfer to the
2735	2735	institutional division, or serving a sentence, for an offense for
2736	2736	which the judgment contains an affirmative finding under Section
2737	2737	3g(a)(2), Article 42.12, Code of Criminal Procedure;
2738	2738	(2) the inmate is awaiting transfer to the
2739	2739	institutional division, or serving a sentence, for an offense
2740	2740	listed in one of the following sections of the Penal Code:
2741	2741	(A) Section 19.02 (murder);
2742	2742	(B) Section 19.03 (capital murder);
2743	2743	(C) Section 19.04 (manslaughter);
2744	2744	(D) Section 20.03 (kidnapping);
2745	2745	(E) Section 20.04 (aggravated kidnapping);
2746	2746	(F) Section 21.11 (indecency with a child);
2747	2747	(G) Section 22.011 (sexual assault);
2748	2748	(H) Section 22.02 (aggravated assault);
2749	2749	(I) Section 22.021 (aggravated sexual assault);
2750	2750	(J) Section 22.04 (injury to a child, elderly
2751	2751	individual, or disabled individual);
2752	2752	(K) Section 25.02 (prohibited sexual conduct);
2753	2753	(L) Section 25.08 (sale or purchase of a child);
2754	2754	(M) Section 28.02 (arson);
2755	2755	(N) Section 29.02 (robbery);
2756	2756	(O) Section 29.03 (aggravated robbery);
2757	2757	(P) Section 30.02 (burglary), if the offense is
2758	2758	punished as a first-degree felony under that section;
2759	2759	(Q) Section 43.04 (aggravated promotion of
2760	2760	prostitution);
2761	2761	(R) Section 43.05 (compelling prostitution);
2762	2762	(S) Section 43.24 (sale, distribution, or
2763	2763	display of harmful material to minor);
2764	2764	(T) Section 43.25 (sexual performance by a
2765	2765	child);
2766	2766	(U) Section 46.10 (deadly weapon in penal
2767	2767	institution);
2768	2768	(V) Section 15.01 (criminal attempt), if the
2769	2769	offense attempted is listed in this subsection;
2770	2770	(W) Section 15.02 (criminal conspiracy), if the
2771	2771	offense that is the subject of the conspiracy is listed in this
2772	2772	subsection;
2773	2773	(X) Section 15.03 (criminal solicitation), if
2774	2774	the offense solicited is listed in this subsection;
2775	2775	(Y) Section 21.02 (continuous sexual abuse of
2776	2776	young child or children); [or]
2777	2777	(Z) Section 20A.02 (trafficking of persons); or
2778	2778	(AA) [(Z)] Section 20A.03 (continuous
2779	2779	trafficking of persons); or
2780	2780	(3) the inmate is awaiting transfer to the
2781	2781	institutional division, or serving a sentence, for an offense under
2782	2782	Chapter 481, Health and Safety Code, punishable by a minimum term of
2783	2783	imprisonment or a maximum fine that is greater than the minimum term
2784	2784	of imprisonment or the maximum fine for a first degree felony.
2785	2785	SECTION 9.011. Section 508.149(a), Government Code, as
2786	2786	amended by Chapters 1 (S.B. 24) and 122 (H.B. 3000), Acts of the
2787	2787	82nd Legislature, Regular Session, 2011, is reenacted and amended
2788	2788	to read as follows:
2789	2789	(a) An inmate may not be released to mandatory supervision
2790	2790	if the inmate is serving a sentence for or has been previously
2791	2791	convicted of:
2792	2792	(1) an offense for which the judgment contains an
2793	2793	affirmative finding under Section 3g(a)(2), Article 42.12, Code of
2794	2794	Criminal Procedure;
2795	2795	(2) a first degree felony or a second degree felony
2796	2796	under Section 19.02, Penal Code;
2797	2797	(3) a capital felony under Section 19.03, Penal Code;
2798	2798	(4) a first degree felony or a second degree felony
2799	2799	under Section 20.04, Penal Code;
2800	2800	(5) an offense under Section 21.11, Penal Code;
2801	2801	(6) a felony under Section 22.011, Penal Code;
2802	2802	(7) a first degree felony or a second degree felony
2803	2803	under Section 22.02, Penal Code;
2804	2804	(8) a first degree felony under Section 22.021, Penal
2805	2805	Code;
2806	2806	(9) a first degree felony under Section 22.04, Penal
2807	2807	Code;
2808	2808	(10) a first degree felony under Section 28.02, Penal
2809	2809	Code;
2810	2810	(11) a second degree felony under Section 29.02, Penal
2811	2811	Code;
2812	2812	(12) a first degree felony under Section 29.03, Penal
2813	2813	Code;
2814	2814	(13) a first degree felony under Section 30.02, Penal
2815	2815	Code;
2816	2816	(14) a felony for which the punishment is increased
2817	2817	under Section 481.134 or Section 481.140, Health and Safety Code;
2818	2818	(15) an offense under Section 43.25, Penal Code;
2819	2819	(16) an offense under Section 21.02, Penal Code;
2820	2820	(17) a first degree felony under Section 15.03, Penal
2821	2821	Code;
2822	2822	(18) an offense under Section 43.05, Penal Code; [or]
2823	2823	(19) an offense under Section 20A.02, Penal Code; or
2824	2824	(20) [(18)] an offense under Section 20A.03, Penal
2825	2825	Code.
2826	2826	SECTION 9.012. Section 535.051(b), Government Code, as
2827	2827	amended by Chapters 298 (H.B. 1965) and 1176 (H.B. 3278), Acts of
2828	2828	the 82nd Legislature, Regular Session, 2011, is reenacted and
2829	2829	amended to read as follows:
2830	2830	(b) The chief administrative officer of each of the
2831	2831	following state agencies, in consultation with the governor, shall
2832	2832	designate one employee from the agency to serve as a liaison for
2833	2833	faith- and community-based organizations:
2834	2834	(1) the Texas Department of Rural Affairs;
2835	2835	(2) the Texas Commission on Environmental Quality;
2836	2836	(3) the Texas Department of Criminal Justice;
2837	2837	(4) the Texas Department of Housing and Community
2838	2838	Affairs;
2839	2839	(5) the Texas Juvenile Justice Department [Probation
2840	2840	Commission];
2841	2841	(6) the Texas Veterans Commission;
2842	2842	(7) the Texas Workforce Commission;
2843	2843	(8) [the Texas Youth Commission;
2844	2844	[(10)] the office of the governor;
2845	2845	(9) [(11)] the Department of Public Safety;
2846	2846	(10) [(12)] the Texas Department of Insurance;
2847	2847	(11) [(13)] the Public Utility Commission of Texas;
2848	2848	(12) [(14)] the office of the attorney general;
2849	2849	(13) [(15)] the Department of Agriculture;
2850	2850	(14) [(16)] the office of the comptroller;
2851	2851	(15) [(17)] the Department of Information Resources;
2852	2852	(16) [(18)] the Office of State-Federal Relations;
2853	2853	(17) [(19)] the office of the secretary of state; and
2854	2854	(18) [(20)] other state agencies as determined by the
2855	2855	governor.
2856	2856	SECTION 9.013. Section 551.0415, Government Code, as
2857	2857	amended by Chapters 1007 (H.B. 2313) and 1341 (S.B. 1233), Acts of
2858	2858	the 82nd Legislature, Regular Session, 2011, is reenacted and
2859	2859	amended to read as follows:
2860	2860	Sec. 551.0415. GOVERNING BODY OF MUNICIPALITY OR COUNTY:
2861	2861	REPORTS ABOUT ITEMS OF COMMUNITY INTEREST REGARDING WHICH NO ACTION
2862	2862	WILL BE TAKEN. (a) Notwithstanding Sections 551.041 and 551.042, a
2863	2863	quorum of the governing body of a municipality or county may receive
2864	2864	from [municipal or county] staff of the political subdivision and a
2865	2865	member of the governing body may make a report about items of
2866	2866	community interest during a meeting of the governing body without
2867	2867	having given notice of the subject of the report as required by this
2868	2868	subchapter if no action is taken and, except as provided by Section
2869	2869	551.042, possible action is not discussed regarding the information
2870	2870	provided in the report.
2871	2871	(b) For purposes of Subsection (a), "items of community
2872	2872	interest" includes:
2873	2873	(1) expressions of thanks, congratulations, or
2874	2874	condolence;
2875	2875	(2) information regarding holiday schedules;
2876	2876	(3) an honorary or salutary recognition of a public
2877	2877	official, public employee, or other citizen, except that a
2878	2878	discussion regarding a change in the status of a person's public
2879	2879	office or public employment is not an honorary or salutary
2880	2880	recognition for purposes of this subdivision;
2881	2881	(4) a reminder about an upcoming event organized or
2882	2882	sponsored by the governing body;
2883	2883	(5) information regarding a social, ceremonial, or
2884	2884	community event organized or sponsored by an entity other than the
2885	2885	governing body that was attended or is scheduled to be attended by a
2886	2886	member of the governing body or an official or employee of the
2887	2887	political subdivision [municipality or county]; and
2888	2888	(6) announcements involving an imminent threat to the
2889	2889	public health and safety of people in the political subdivision
2890	2890	[municipality or county] that has arisen after the posting of the
2891	2891	agenda.
2892	2892	SECTION 9.014. The heading to Section 552.274, Government
2893	2893	Code, is amended to read as follows:
2894	2894	Sec. 552.274. REPORT [REPORTS] BY ATTORNEY GENERAL [AND
2895	2895	STATE AGENCIES] ON COST OF COPIES.
2896	2896	SECTION 9.015. Section 814.0096(b), Government Code, as
2897	2897	added by Chapter 280 (H.B. 1608), Acts of the 82nd Legislature,
2898	2898	Regular Session, 2011, is repealed as duplicative of Section
2899	2899	814.0096(b), Government Code, as added by Chapter 1249 (S.B. 1664),
2900	2900	Acts of the 82nd Legislature, Regular Session, 2011.
2901	2901	SECTION 9.016. Section 814.0096(d), Government Code, as
2902	2902	added by Chapters 280 (H.B. 1608) and 1249 (S.B. 1664), Acts of the
2903	2903	82nd Legislature, Regular Session, 2011, is reenacted to read as
2904	2904	follows:
2905	2905	(d) If necessary, the board of trustees and the state
2906	2906	employee charitable campaign policy committee may make the annuity
2907	2907	deduction authorization under Section 814.0095(a) available in
2908	2908	stages to subgroups of the retirement system's annuity recipients
2909	2909	as money becomes available to cover the expenses under Subsection
2910	2910	(b) of this section.
2911	2911	SECTION 9.017. The heading to Subchapter G, Chapter 1473,
2912	2912	Government Code, is amended to conform to changes made to that
2913	2913	subchapter by Chapter 1163 (H.B. 2702), Acts of the 82nd
2914	2914	Legislature, Regular Session, 2011, to read as follows:
2915	2915	SUBCHAPTER G. BONDS FOR WORKHOUSES AND FARMS IN COUNTIES WITH A
2916	2916	POPULATION OF MORE THAN 1.5 MILLION [900,000]
2917	2917	SECTION 9.018. The heading to Subchapter H, Chapter 1473,
2918	2918	Government Code, is amended to conform to changes made to that
2919	2919	subchapter by Chapter 1163 (H.B. 2702), Acts of the 82nd
2920	2920	Legislature, Regular Session, 2011, to read as follows:
2921	2921	SUBCHAPTER H. CERTIFICATES OF INDEBTEDNESS FOR CRIME DETECTION
2922	2922	FACILITIES IN COUNTIES WITH POPULATION OF MORE THAN 1.5 MILLION
2923	2923	[900,000]
2924	2924	SECTION 9.019. Section 2155.150(a), Government Code, is
2925	2925	amended to correct references to read as follows:
2926	2926	(a) The Railroad Commission of Texas is delegated all
2927	2927	purchasing functions relating to purchases under:
2928	2928	(1) Chapter 89, Natural Resources Code; or
2929	2929	(2) Sections 81.067 and 81.068 [91.111 and 91.112],
2930	2930	Natural Resources Code.
2931	2931	SECTION 9.020. Section 2157.0611, Government Code, is
2932	2932	repealed to conform to the repeal of Section 2157.0611 by Chapter
2933	2933	1081 (H.B. 2918), Acts of the 80th Legislature, Regular Session,
2934	2934	2007, and to the other changes made by Chapter 1081 to Subchapter B,
2935	2935	Chapter 2157, Government Code.
2936	2936	PART B. UPDATE OF COURT FEES AND COSTS
2937	2937	SECTION 9.101. (a) Section 101.0611, Government Code, is
2938	2938	amended to conform to Chapter 3 (H.B. 79), Acts of the 82nd
2939	2939	Legislature, 1st Called Session, 2011, and is further amended to
2940	2940	read as follows:
2941	2941	Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT
2942	2942	CODE. The clerk of a district court shall collect fees and costs
2943	2943	under the Government Code as follows:
2944	2944	(1) appellate judicial system filing fees for:
2945	2945	(A) First or Fourteenth Court of Appeals District
2946	2946	(Sec. 22.2021, Government Code) . . . not more than $5;
2947	2947	(B) Second Court of Appeals District (Sec.
2948	2948	22.2031, Government Code) . . . not more than $5;
2949	2949	(C) Third Court of Appeals District (Sec.
2950	2950	22.2041, Government Code) . . . $5;
2951	2951	(D) Fourth Court of Appeals District (Sec.
2952	2952	22.2051, Government Code) . . . not more than $5;
2953	2953	(E) Fifth Court of Appeals District (Sec.
2954	2954	22.2061, Government Code) . . . not more than $5;
2955	2955	(E-1) Sixth Court of Appeals District (Sec.
2956	2956	22.2071, Government Code) . . . $5;
2957	2957	(E-2) Seventh Court of Appeals District (Sec.
2958	2958	22.2081, Government Code) . . . $5;
2959	2959	(E-3) Eighth Court of Appeals District (Sec.
2960	2960	22.2091, Government Code) . . . $5;
2961	2961	(F) Ninth Court of Appeals District (Sec.
2962	2962	22.2101, Government Code) . . . $5;
2963	2963	(G) Eleventh Court of Appeals District (Sec.
2964	2964	22.2121, Government Code) . . . $5;
2965	2965	(G-1) Twelfth Court of Appeals District (Sec.
2966	2966	22.2131, Government Code) . . . $5; and
2967	2967	(H) Thirteenth Court of Appeals District (Sec.
2968	2968	22.2141, Government Code) . . . not more than $5;
2969	2969	(2) when administering a case for the Rockwall County
2970	2970	Court at Law (Sec. 25.2012, Government Code) . . . civil fees and
2971	2971	court costs as if the case had been filed in district court;
2972	2972	(3) additional filing fees:
2973	2973	(A) for each suit filed for insurance contingency
2974	2974	fund, if authorized by the county commissioners court (Sec. 51.302,
2975	2975	Government Code) . . . not to exceed $5;
2976	2976	(B) to fund the improvement of Dallas County
2977	2977	civil court facilities, if authorized by the county commissioners
2978	2978	court (Sec. 51.705, Government Code) . . . not more than $15;
2979	2979	(B-1) to fund the improvement of Bexar County
2980	2980	court facilities, if authorized by the county commissioners court
2981	2981	(Sec. 51.706, Government Code) . . . not more than $15;
2982	2982	(C) to fund the improvement of Hays County court
2983	2983	facilities, if authorized by the county commissioners court (Sec.
2984	2984	51.707, Government Code) . . . not more than $15; and
2985	2985	(D) to fund the preservation of court records
2986	2986	(Sec. 51.708, Government Code) . . . not more than $10;
2987	2987	(4) for filing a suit, including an appeal from an
2988	2988	inferior court:
2989	2989	(A) for a suit with 10 or fewer plaintiffs (Sec.
2990	2990	51.317, Government Code) . . . $50;
2991	2991	(B) for a suit with at least 11 but not more than
2992	2992	25 plaintiffs (Sec. 51.317, Government Code) . . . $75;
2993	2993	(C) for a suit with at least 26 but not more than
2994	2994	100 plaintiffs (Sec. 51.317, Government Code) . . . $100;
2995	2995	(D) for a suit with at least 101 but not more than
2996	2996	500 plaintiffs (Sec. 51.317, Government Code) . . . $125;
2997	2997	(E) for a suit with at least 501 but not more than
2998	2998	1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or
2999	2999	(F) for a suit with more than 1,000 plaintiffs
3000	3000	(Sec. 51.317, Government Code) . . . $200;
3001	3001	(5) for filing a cross-action, counterclaim,
3002	3002	intervention, contempt action, motion for new trial, or third-party
3003	3003	petition (Sec. 51.317, Government Code) . . . $15;
3004	3004	(6) for issuing a citation or other writ or process not
3005	3005	otherwise provided for, including one copy, when requested at the
3006	3006	time a suit or action is filed (Sec. 51.317, Government Code) . . .
3007	3007	$8;
3008	3008	(7) for records management and preservation (Sec.
3009	3009	51.317, Government Code) . . . $10;
3010	3010	(7-a) for district court records archiving, if adopted
3011	3011	by the county commissioners court (Sec. 51.317(b)(5), Government
3012	3012	Code) . . . not more than $5;
3013	3013	(8) for issuing a subpoena, including one copy (Sec.
3014	3014	51.318, Government Code) . . . $8;
3015	3015	(9) for issuing a citation, commission for deposition,
3016	3016	writ of execution, order of sale, writ of execution and order of
3017	3017	sale, writ of injunction, writ of garnishment, writ of attachment,
3018	3018	or writ of sequestration not provided for in Section 51.317, or any
3019	3019	other writ or process not otherwise provided for, including one
3020	3020	copy if required by law (Sec. 51.318, Government Code) . . . $8;
3021	3021	(10) for searching files or records to locate a cause
3022	3022	when the docket number is not provided (Sec. 51.318, Government
3023	3023	Code) . . . $5;
3024	3024	(11) for searching files or records to ascertain the
3025	3025	existence of an instrument or record in the district clerk's office
3026	3026	(Sec. 51.318, Government Code) . . . $5;
3027	3027	(12) for abstracting a judgment (Sec. 51.318,
3028	3028	Government Code) . . . $8;
3029	3029	(13) for approving a bond (Sec. 51.318, Government
3030	3030	Code) . . . $4;
3031	3031	(14) for a certified copy of a record, judgment,
3032	3032	order, pleading, or paper on file or of record in the district
3033	3033	clerk's office, including certificate and seal, for each page or
3034	3034	part of a page (Sec. 51.318, Government Code) . . . not to exceed
3035	3035	$1;
3036	3036	(15) for a noncertified copy, for each page or part of
3037	3037	a page (Sec. 51.318, Government Code) . . . not to exceed $1;
3038	3038	(16) fee for performing a service:
3039	3039	(A) related to the matter of the estate of a
3040	3040	deceased person (Sec. 51.319, Government Code) . . . the same fee
3041	3041	allowed the county clerk for those services;
3042	3042	(B) related to the matter of a minor (Sec.
3043	3043	51.319, Government Code) . . . the same fee allowed the county
3044	3044	clerk for the service;
3045	3045	(C) of serving process by certified or registered
3046	3046	mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or
3047	3047	constable is authorized to charge for the service under Section
3048	3048	118.131, Local Government Code; and
3049	3049	(D) prescribed or authorized by law but for which
3050	3050	no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee;
3051	3051	(17) jury fee (Sec. 51.604, Government Code) . . .
3052	3052	$30;
3053	3053	(18) additional filing fee for family protection on
3054	3054	filing a suit for dissolution of a marriage under Chapter 6, Family
3055	3055	Code (Sec. 51.961, Government Code) . . . not to exceed $15; and
3056	3056	(19) at a hearing held by an associate judge appointed
3057	3057	under Subchapter B, Chapter 54A, Government Code [in Dallas
3058	3058	County], a court cost to preserve the record, in the absence of a
3059	3059	court reporter, by any [other] means approved by the associate
3060	3060	judge (Sec. 54A.110 [54.509], Government Code) . . . as assessed by
3061	3061	the referring court or associate judge[; and
3062	3062	[(20) at a hearing held by an associate judge in Duval
3063	3063	County, a court cost to preserve the record (Sec. 54.1151,
3064	3064	Government Code) . . . as imposed by the referring court or
3065	3065	associate judge].
3066	3066	(b) Section 101.06119, Government Code, is repealed.
3067	3067	SECTION 9.102. (a) Section 101.0811, Government Code, is
3068	3068	amended to conform to Chapter 3 (H.B. 79), Acts of the 82nd
3069	3069	Legislature, 1st Called Session, 2011, and is further amended to
3070	3070	read as follows:
3071	3071	Sec. 101.0811. STATUTORY COUNTY COURT FEES AND COSTS:
3072	3072	GOVERNMENT CODE. The clerk of a statutory county court shall
3073	3073	collect fees and costs under the Government Code as follows:
3074	3074	(1) appellate judicial system filing fees:
3075	3075	(A) First or Fourteenth Court of Appeals District
3076	3076	(Sec. 22.2021, Government Code) . . . not more than $5;
3077	3077	(B) Second Court of Appeals District (Sec.
3078	3078	22.2031, Government Code) . . . not more than $5;
3079	3079	(C) Third Court of Appeals District (Sec.
3080	3080	22.2041, Government Code) . . . $5;
3081	3081	(D) Fourth Court of Appeals District (Sec.
3082	3082	22.2051, Government Code) . . . not more than $5;
3083	3083	(E) Fifth Court of Appeals District (Sec.
3084	3084	22.2061, Government Code) . . . not more than $5;
3085	3085	(E-1) Sixth Court of Appeals District (Sec.
3086	3086	22.2071, Government Code) . . . $5;
3087	3087	(E-2) Seventh Court of Appeals District (Sec.
3088	3088	22.2081, Government Code) . . . $5;
3089	3089	(E-3) Eighth Court of Appeals District (Sec.
3090	3090	22.2091, Government Code) . . . $5;
3091	3091	(F) Ninth Court of Appeals District (Sec.
3092	3092	22.2101, Government Code) . . . $5;
3093	3093	(G) Eleventh Court of Appeals District (Sec.
3094	3094	22.2121, Government Code) . . . $5;
3095	3095	(G-1) Twelfth Court of Appeals District (Sec.
3096	3096	22.2131, Government Code) . . . $5; and
3097	3097	(H) Thirteenth Court of Appeals District (Sec.
3098	3098	22.2141, Government Code) . . . not more than $5;
3099	3099	(2) an official court reporter fee, County Court at
3100	3100	Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . . $3;
3101	3101	(3) in Brazoria County, in matters of concurrent
3102	3102	jurisdiction with the district court, fees (Sec. 25.0222,
3103	3103	Government Code) . . . as prescribed by law for district judges
3104	3104	according to the nature of the matter;
3105	3105	(4) a court reporter fee when testimony is taken in a
3106	3106	county court at law in McLennan County (Sec. 25.1572, Government
3107	3107	Code) . . . $3;
3108	3108	(5) a stenographer fee, if a record or part of a record
3109	3109	is made:
3110	3110	(A) in a county court at law in Hidalgo County
3111	3111	(Sec. 25.1102, Government Code) . . . $20; and
3112	3112	(B) in a county court at law in Nolan County (Sec.
3113	3113	25.1792, Government Code) . . . $25;
3114	3114	(6) jury fee (Sec. 51.604, Government Code) . . . $22;
3115	3115	(7) an additional filing fee:
3116	3116	(A) for each civil case filed to be used for
3117	3117	court-related purposes for the support of the judiciary (Sec.
3118	3118	51.702, Government Code) . . . $40;
3119	3119	(B) to fund the improvement of Dallas County
3120	3120	civil court facilities, if authorized by the county commissioners
3121	3121	court (Sec. 51.705, Government Code) . . . not more than $15;
3122	3122	(B-1) to fund the improvement of Bexar County
3123	3123	court facilities, if authorized by the county commissioners court
3124	3124	(Sec. 51.706, Government Code) . . . not more than $15;
3125	3125	(C) to fund the improvement of Hays County court
3126	3126	facilities, if authorized by the county commissioners court (Sec.
3127	3127	51.707, Government Code) . . . not more than $15; and
3128	3128	(D) to fund the preservation of court records
3129	3129	(Sec. 51.708, Government Code) . . . not more than $10;
3130	3130	(8) the official court reporter's fee taxed as costs in
3131	3131	civil actions in a statutory county court:
3132	3132	(A) in Bexar County Courts at Law Nos. 3, 4, 5,
3133	3133	6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 (Sec. 25.0172, Government
3134	3134	Code) . . . taxed in the same manner as the fee is taxed in district
3135	3135	court;
3136	3136	(B) in Galveston County (Sec. 25.0862,
3137	3137	Government Code) . . . taxed in the same manner as the fee is taxed
3138	3138	in civil cases in the district courts; and
3139	3139	(C) in Parker County (Sec. 25.1862, Government
3140	3140	Code) . . . taxed in the same manner as the fee is taxed in civil
3141	3141	cases in the district courts;
3142	3142	(9) a stenographer's fee as costs in each civil,
3143	3143	criminal, and probate case in which a record is made by the official
3144	3144	court reporter in a statutory county court in Nolan County (Sec.
3145	3145	25.1792, Government Code) . . . $25;
3146	3146	(10) in Nueces County, in matters of concurrent
3147	3147	jurisdiction with the district court, with certain exceptions, fees
3148	3148	(Sec. 25.1802, Government Code) . . . equal to those in district
3149	3149	court cases; [and]
3150	3150	(11) a fee not otherwise listed in this subchapter
3151	3151	that is required to be collected under Section 25.0008, Government
3152	3152	Code, in a county other than Brazos, Cameron, Ellis, Guadalupe,
3153	3153	Harris, Henderson, Liberty, Moore, Nolan, Panola, Parker, Starr,
3154	3154	Victoria, and Williamson . . . as prescribed by law relating to
3155	3155	county judges' fees; and
3156	3156	(12) at a hearing held by an associate judge appointed
3157	3157	under Subchapter B, Chapter 54A, Government Code, a court cost to
3158	3158	preserve the record, in the absence of a court reporter, by any
3159	3159	means approved by the associate judge (Sec. 54A.110, Government
3160	3160	Code) . . . as assessed by the referring court or associate judge.
3161	3161	(b) Section 101.08116, Government Code, is repealed.
3162	3162	SECTION 9.103. (a) Section 101.1011, Government Code, is
3163	3163	amended to conform to Chapter 3 (H.B. 79), Acts of the 82nd
3164	3164	Legislature, 1st Called Session, 2011, and is further amended to
3165	3165	read as follows:
3166	3166	Sec. 101.1011. STATUTORY PROBATE COURT FEES AND COSTS:
3167	3167	GOVERNMENT CODE. The clerk of a statutory probate court shall
3168	3168	collect fees and costs under the Government Code as follows:
3169	3169	(1) appellate judicial system filing fees:
3170	3170	(A) First or Fourteenth Court of Appeals District
3171	3171	(Sec. 22.2021, Government Code) . . . not more than $5;
3172	3172	(B) Second Court of Appeals District (Sec.
3173	3173	22.2031, Government Code) . . . not more than $5;
3174	3174	(C) Third Court of Appeals District (Sec.
3175	3175	22.2041, Government Code) . . . $5;
3176	3176	(D) Fourth Court of Appeals District (Sec.
3177	3177	22.2051, Government Code) . . . not more than $5;
3178	3178	(E) Fifth Court of Appeals District (Sec.
3179	3179	22.2061, Government Code) . . . not more than $5;
3180	3180	(E-1) Sixth Court of Appeals District (Sec.
3181	3181	22.2071, Government Code) . . . $5;
3182	3182	(E-2) Seventh Court of Appeals District (Sec.
3183	3183	22.2081, Government Code) . . . $5;
3184	3184	(E-3) Eighth Court of Appeals District (Sec.
3185	3185	22.2091, Government Code) . . . $5;
3186	3186	(F) Ninth Court of Appeals District (Sec.
3187	3187	22.2101, Government Code) . . . $5;
3188	3188	(G) Eleventh Court of Appeals District (Sec.
3189	3189	22.2121, Government Code) . . . $5;
3190	3190	(G-1) Twelfth Court of Appeals District (Sec.
3191	3191	22.2131, Government Code) . . . $5; and
3192	3192	(H) Thirteenth Court of Appeals District (Sec.
3193	3193	22.2141, Government Code) . . . not more than $5;
3194	3194	(2) additional filing fees as follows:
3195	3195	(A) for certain cases to be used for
3196	3196	court-related purposes for support of the judiciary (Sec. 51.704,
3197	3197	Government Code) . . . $40;
3198	3198	(B) to fund the improvement of Dallas County
3199	3199	civil court facilities, if authorized by the county commissioners
3200	3200	court (Sec. 51.705, Government Code) . . . not more than $15;
3201	3201	(B-1) to fund the improvement of Bexar County
3202	3202	court facilities, if authorized by the county commissioners court
3203	3203	(Sec. 51.706, Government Code) . . . not more than $15; and
3204	3204	(C) to fund the improvement of Hays County court
3205	3205	facilities, if authorized by the county commissioners court (Sec.
3206	3206	51.707, Government Code) . . . not more than $15;
3207	3207	(3) jury fee for civil case (Sec. 51.604, Government
3208	3208	Code) . . . $22;
3209	3209	(4) the expense of preserving the record as a court
3210	3210	cost, if imposed on a party by the referring court or associate
3211	3211	judge (Sec. 54A.211 [54.612], Government Code) . . . actual cost;
3212	3212	and
3213	3213	(5) a fee not otherwise listed in this subchapter that
3214	3214	is required to be collected under Section 25.0029, Government Code
3215	3215	(Sec. 25.0029, Government Code) . . . as prescribed by law relating
3216	3216	to county judges' fees.
3217	3217	(b) Section 101.10115, Government Code, is repealed.
3218	3218	SECTION 9.104. (a) Section 101.1212, Government Code, is
3219	3219	amended to read as follows:
3220	3220	Sec. 101.1212. COUNTY COURT FEES AND COSTS: GOVERNMENT
3221	3221	CODE. The clerk of a county court shall collect the following fees
3222	3222	and costs under the Government Code:
3223	3223	(1) appellate judicial system filing fees:
3224	3224	(A) First or Fourteenth Court of Appeals District
3225	3225	(Sec. 22.2021, Government Code) . . . not more than $5;
3226	3226	(B) Second Court of Appeals District (Sec.
3227	3227	22.2031, Government Code) . . . not more than $5;
3228	3228	(C) Third Court of Appeals District (Sec.
3229	3229	22.2041, Government Code) . . . $5;
3230	3230	(D) Fourth Court of Appeals District (Sec.
3231	3231	22.2051, Government Code) . . . not more than $5;
3232	3232	(E) Fifth Court of Appeals District (Sec.
3233	3233	22.2061, Government Code) . . . not more than $5;
3234	3234	(E-1) Sixth Court of Appeals District (Sec.
3235	3235	22.2071, Government Code) . . . $5;
3236	3236	(E-2) Seventh Court of Appeals District (Sec.
3237	3237	22.2081, Government Code) . . . $5;
3238	3238	(E-3) Eighth Court of Appeals District (Sec.
3239	3239	22.2091, Government Code) . . . $5;
3240	3240	(F) Ninth Court of Appeals District (Sec.
3241	3241	22.2101, Government Code) . . . $5;
3242	3242	(G) Eleventh Court of Appeals District (Sec.
3243	3243	22.2121, Government Code) . . . $5;
3244	3244	(G-1) Twelfth Court of Appeals District (Sec.
3245	3245	22.2131, Government Code) . . . $5; and
3246	3246	(H) Thirteenth Court of Appeals District (Sec.
3247	3247	22.2141, Government Code) . . . not more than $5;
3248	3248	(2) a jury fee (Sec. 51.604, Government Code) . . .
3249	3249	$22;
3250	3250	(3) a filing fee in each civil case filed to be used
3251	3251	for court-related purposes for the support of the judiciary (Sec.
3252	3252	51.703, Government Code) . . . $40; and
3253	3253	(4) a filing fee to fund the preservation of court
3254	3254	records (Sec. 51.708, Government Code) . . . not more than $10.
3255	3255	(b) Section 101.12125, Government Code, is repealed.
3256	3256	SECTION 9.105. Section 103.0211, Government Code, is
3257	3257	amended to conform to Chapter 3 (H.B. 79), Acts of the 82nd
3258	3258	Legislature, 1st Called Session, 2011, and is further amended to
3259	3259	read as follows:
3260	3260	Sec. 103.0211. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
3261	3261	CIVIL CASES: GOVERNMENT CODE. An accused or defendant, or a party
3262	3262	to a civil suit, as applicable, shall pay the following fees and
3263	3263	costs under the Government Code if ordered by the court or otherwise
3264	3264	required:
3265	3265	(1) a court reporter fee when testimony is taken:
3266	3266	(A) in a criminal court in Dallas County (Sec.
3267	3267	25.0593, Government Code) . . . $3;
3268	3268	(B) in a county criminal court of appeals in
3269	3269	Dallas County (Sec. 25.0594, Government Code) . . . $3;
3270	3270	(C) in a county court at law in McLennan County
3271	3271	(Sec. 25.1572, Government Code) . . . $3; and
3272	3272	(D) in a county criminal court in Tarrant County
3273	3273	(Sec. 25.2223, Government Code) . . . $3;
3274	3274	(2) a court reporter service fee if the courts have
3275	3275	official court reporters (Sec. 51.601, Government Code) . . . $15
3276	3276	or, in specified counties, $30;
3277	3277	(3) a speedy trial rights waiver motion filing fee in
3278	3278	El Paso County (Sec. 54.745, Government Code) . . . $100;
3279	3279	(4) [costs for use of magistrate in Brazos County
3280	3280	(Sec. 54.1116, Government Code) . . . not to exceed $50;
3281	3281	[(5)] the costs of a criminal magistrate if the court
3282	3282	determines that the nonprevailing party is able to defray the
3283	3283	costs:
3284	3284	(A) in Bexar County (Sec. 54.913, Government
3285	3285	Code) . . . magistrate's fees;
3286	3286	(B) in Dallas County (Sec. 54.313, Government
3287	3287	Code) . . . magistrate's fees;
3288	3288	(C) in Lubbock County (Sec. 54.883, Government
3289	3289	Code) . . . magistrate's fees;
3290	3290	(D) in Tarrant County (Sec. 54.663, Government
3291	3291	Code) . . . magistrate's fees; and
3292	3292	(E) in Travis County (Sec. 54.983, Government
3293	3293	Code) . . . magistrate's fees; [and
3294	3294	[(F) in Williamson County (Sec. 54.958,
3295	3295	Government Code) . . . expense of the magistrate;]
3296	3296	(5) [(6)] an administrative fee for participation in
3297	3297	certain community supervision programs (Sec. 76.015, Government
3298	3298	Code) . . . not less than $25 and not more than $60 per month; and
3299	3299	(6) [(7)] fee paid on filing a petition for an order of
3300	3300	nondisclosure of criminal history record information in certain
3301	3301	cases (Sec. 411.081, Government Code) . . . $28.
3302	3302	SECTION 9.106. (a) Section 103.0212, Government Code, is
3303	3303	amended to read as follows:
3304	3304	Sec. 103.0212. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
3305	3305	CIVIL CASES: FAMILY CODE. An accused or defendant, or a party to a
3306	3306	civil suit, as applicable, shall pay the following fees and costs
3307	3307	under the Family Code if ordered by the court or otherwise required:
3308	3308	(1) in family matters:
3309	3309	(A) issuing writ of withholding (Sec. 8.262,
3310	3310	Family Code) . . . $15;
3311	3311	(B) filing copy of writ of withholding to
3312	3312	subsequent employer (Sec. 8.267, Family Code) . . . $15;
3313	3313	(C) issuing and delivering modified writ of
3314	3314	withholding or notice of termination (Sec. 8.302, Family Code)
3315	3315	. . . $15;
3316	3316	(D) issuing and delivering notice of termination
3317	3317	of withholding (Sec. 8.303, Family Code) . . . $15;
3318	3318	(E) issuance of change of name certificate (Sec.
3319	3319	45.106, Family Code) . . . $10;
3320	3320	(F) protective order fee (Sec. 81.003, Family
3321	3321	Code) . . . $16;
3322	3322	(G) filing suit requesting adoption of child
3323	3323	(Sec. 108.006, Family Code) . . . $15;
3324	3324	(H) filing fees for suits affecting parent-child
3325	3325	relationship (Sec. 110.002, Family Code):
3326	3326	(i) suit or motion for modification (Sec.
3327	3327	110.002, Family Code) . . . $15;
3328	3328	(ii) motion for enforcement (Sec. 110.002,
3329	3329	Family Code) . . . $15;
3330	3330	(iii) notice of application for judicial
3331	3331	writ of withholding (Sec. 110.002, Family Code) . . . $15;
3332	3332	(iv) motion to transfer (Sec. 110.002,
3333	3333	Family Code) . . . $15;
3334	3334	(v) petition for license suspension (Sec.
3335	3335	110.002, Family Code) . . . $15;
3336	3336	(vi) motion to revoke a stay of license
3337	3337	suspension (Sec. 110.002, Family Code) . . . $15; and
3338	3338	(vii) motion for contempt (Sec. 110.002,
3339	3339	Family Code) . . . $15;
3340	3340	(I) order or writ of income withholding to be
3341	3341	delivered to employer (Sec. 110.004, Family Code) . . . not to
3342	3342	exceed $15;
3343	3343	(J) filing fee for transferred case (Sec.
3344	3344	110.005, Family Code) . . . $45;
3345	3345	(K) filing a writ of withholding (Sec. 158.319,
3346	3346	Family Code) . . . $15;
3347	3347	(L) filing a request for modified writ of
3348	3348	withholding or notice of termination (Sec. 158.403, Family Code)
3349	3349	. . . not to exceed $15;
3350	3350	(M) filing an administrative writ to employer
3351	3351	(Sec. 158.503, Family Code) . . . not to exceed $15; and
3352	3352	(N) genetic testing fees in relation to a child
3353	3353	born to a gestational mother (Sec. 160.762, Family Code) . . . as
3354	3354	assessed by the court; and
3355	3355	(2) in juvenile court:
3356	3356	(A) fee schedule for deferred prosecution
3357	3357	services (Sec. 53.03, Family Code) . . . maximum fee of $15 a month;
3358	3358	(B) a request fee for a teen court program (Sec.
3359	3359	54.032, Family Code) . . . $20, if the court ordering the fee is
3360	3360	located in the Texas-Louisiana border region, but otherwise not to
3361	3361	exceed $10;
3362	3362	(C) court costs for juvenile probation diversion
3363	3363	fund (Sec. 54.0411, Family Code) . . . $20;
3364	3364	(D) a juvenile delinquency prevention fee (Sec.
3365	3365	54.0461, Family Code) . . . $50;
3366	3366	(E) a court fee for child's probationary period
3367	3367	(Sec. 54.061, Family Code) . . . not to exceed $15 a month;
3368	3368	(F) a fee to cover costs of required duties of
3369	3369	teen court (Sec. 54.032, Family Code) . . . $20, if the court
3370	3370	ordering the fee is located in the Texas-Louisiana border region,
3371	3371	but otherwise not to exceed $10;
3372	3372	(G) a fee for DNA testing on commitment to
3373	3373	certain facilities (Sec. 54.0462, Family Code) . . . $50; [and]
3374	3374	(H) a fee for DNA testing after placement on
3375	3375	probation or as otherwise required by law (Sec. 54.0462, Family
3376	3376	Code) . . . $34;
3377	3377	(I) a program fee for a teen dating violence
3378	3378	court program (Sec. 54.0325, Family Code) . . . $10; and
3379	3379	(J) a fee to cover the cost to the court of
3380	3380	administering a teen dating violence court program (Sec. 54.0325,
3381	3381	Family Code) . . . not to exceed $10.
3382	3382	(b) Section 103.0210, Government Code, is repealed.
3383	3383	SECTION 9.107. Section 103.027, Government Code, is amended
3384	3384	to conform to Chapter 3 (H.B. 79), Acts of the 82nd Legislature, 1st
3385	3385	Called Session, 2011, to read as follows:
3386	3386	Sec. 103.027. MISCELLANEOUS FEES AND COSTS: GOVERNMENT
3387	3387	CODE. Fees and costs shall be paid or collected under the
3388	3388	Government Code as follows:
3389	3389	(1) filing a certified copy of a judicial finding of
3390	3390	fact and conclusion of law if charged by the secretary of state
3391	3391	(Sec. 51.905, Government Code) . . . $15;
3392	3392	(2) cost paid by each surety posting the bail bond for
3393	3393	an offense other than a misdemeanor punishable by fine only under
3394	3394	Chapter 17, Code of Criminal Procedure, for the assistant
3395	3395	prosecutor supplement fund and the fair defense account (Sec.
3396	3396	41.258, Government Code) . . . $15, provided the cost does not
3397	3397	exceed $30 for all bail bonds posted at that time for an individual
3398	3398	and the cost is not required on the posting of a personal or cash
3399	3399	bond;
3400	3400	(3) to participate in a court proceeding in this
3401	3401	state, a nonresident attorney fee (Sec. 82.0361, Government Code)
3402	3402	. . . $250 except as waived or reduced under supreme court rules for
3403	3403	representing an indigent person; and
3404	3404	(4) on a party's appeal of a final decision in a
3405	3405	contested case, the cost of preparing the original or a certified
3406	3406	copy of the record of the agency proceeding, if required by the
3407	3407	agency's rule, as a court cost (Sec. 2001.177, Government Code)
3408	3408	. . . as assessed by the court, all or part of the cost of
3409	3409	preparation[;
3410	3410	[(5) compensation to a referee in juvenile court in
3411	3411	Wichita County taxed as costs if the judge determines the parties
3412	3412	are able to pay the costs (Sec. 54.403, Government Code) . . . as
3413	3413	determined by the judge; and
3414	3414	[(6) the expense of preserving the record as a court
3415	3415	cost in Brazos County if imposed on a party by the referring court
3416	3416	or magistrate (Sec. 54.1111, Government Code) . . . actual cost].
3417	3417	SECTION 9.108. (a) Section 103.029, Government Code, is
3418	3418	amended to read as follows:
3419	3419	Sec. 103.029. MISCELLANEOUS FEES AND COSTS: HEALTH AND
3420	3420	SAFETY CODE. Fees and costs shall be paid or collected under the
3421	3421	Health and Safety Code as follows:
3422	3422	(1) a program fee for a drug court program established
3423	3423	under Section 469.002, Health and Safety Code (Sec. 469.004, Health
3424	3424	and Safety Code) . . . not to exceed $1,000;
3425	3425	(2) an alcohol or controlled substance testing,
3426	3426	counseling, and treatment fee (Sec. 469.004, Health and Safety
3427	3427	Code) . . . the amount necessary to cover the costs of testing,
3428	3428	counseling, and treatment;
3429	3429	(3) a reasonable program fee for a veterans court
3430	3430	program (Sec. 617.006, Health and Safety Code) . . . not to exceed
3431	3431	$1,000; [and]
3432	3432	(4) a testing, counseling, and treatment fee for
3433	3433	testing, counseling, or treatment performed or provided under a
3434	3434	veterans court program (Sec. 617.006, Health and Safety Code) . . .
3435	3435	the amount necessary to cover the costs of testing, counseling, or
3436	3436	treatment; and
3437	3437	(5) a program fee for a first offender prostitution
3438	3438	prevention program (Sec. 169.005, Health and Safety Code) . . .
3439	3439	reasonable amount not to exceed $1,000.
3440	3440	(b) Section 103.0291, Government Code, is repealed.
3441	3441	SECTION 9.109. (a) Section 103.033, Government Code, is
3442	3442	amended to conform to Chapter 182 (H.B. 1156), Acts of the 78th
3443	3443	Legislature, Regular Session, 2003, and is further amended to read
3444	3444	as follows:
3445	3445	Sec. 103.033. MISCELLANEOUS FEES AND COSTS: THE
3446	3446	SECURITIES ACT [VERNON'S TEXAS CIVIL STATUTES]. A fee [Fees and
3447	3447	costs] shall be [paid or] collected [under Vernon's Texas Civil
3448	3448	Statutes as follows:
3449	3449	[(1) an appraiser's fee as court costs for determining
3450	3450	the fair value of the shares of the shareholders entitled to payment
3451	3451	for their shares in a real estate investment trust (Sec. 25.20, Art.
3452	3452	6138A, Vernon's Texas Civil Statutes) . . . a reasonable fee; and
3453	3453	[(2) a fee] for the sale of securities under an
3454	3454	offering that has not been registered, if the transaction or
3455	3455	securities are not exempt under Section 35-2, The Securities Act
3456	3456	(Article [(Art.] 581-35-2, Vernon's Texas Civil Statutes), in an
3457	3457	amount[ . . . as] set by the securities commissioner or court, but
3458	3458	not to exceed six times the amount that would have been paid if the
3459	3459	issuer had filed an application to register the securities and paid
3460	3460	the fee prescribed based on the amount of sales made in this state
3461	3461	within the prior three years, plus interest on that amount from the
3462	3462	date of the first sale made in this state until the date the fee is
3463	3463	paid.
3464	3464	(b) Section 103.032, Government Code, is repealed.
3465	3465	ARTICLE 10. CHANGES RELATING TO HEALTH AND SAFETY CODE
3466	3466	SECTION 10.001. The heading to Subchapter A, Chapter 285,
3467	3467	Health and Safety Code, is amended to conform to changes made to
3468	3468	that subchapter by Chapter 1163 (H.B. 2702), Acts of the 82nd
3469	3469	Legislature, Regular Session, 2011, to read as follows:
3470	3470	SUBCHAPTER A. PAYMENT OF HOSPITAL DISTRICT OPERATING EXPENSES IN
3471	3471	CERTAIN POPULOUS COUNTIES [OF AT LEAST 450,000]
3472	3472	SECTION 10.002. The heading to Subchapter B, Chapter 285,
3473	3473	Health and Safety Code, is amended to conform to changes made to
3474	3474	that subchapter by Chapter 1163 (H.B. 2702), Acts of the 82nd
3475	3475	Legislature, Regular Session, 2011, to read as follows:
3476	3476	SUBCHAPTER B. PARKING STATIONS NEAR HOSPITALS IN COUNTIES OF AT
3477	3477	LEAST 1.5 MILLION [900,000]
3478	3478	SECTION 10.003. (a) Section 386.252(a), Health and Safety
3479	3479	Code, as amended by Chapters 589 (S.B. 20) and 892 (S.B. 385), Acts
3480	3480	of the 82nd Legislature, Regular Session, 2011, is reenacted and is
3481	3481	amended to correct a reference to read as follows:
3482	3482	(a) Money in the fund may be used only to implement and
3483	3483	administer programs established under the plan and shall be
3484	3484	allocated as follows:
3485	3485	(1) for the diesel emissions reduction incentive
3486	3486	program, 87.5 percent of the money in the fund, of which:
3487	3487	(A) not more than four percent may be used for the
3488	3488	clean school bus program;
3489	3489	(B) not more than 10 percent may be used for
3490	3490	on-road diesel purchase or lease incentives;
3491	3491	(C) a specified amount may be used for the new
3492	3492	technology implementation grant program, from which a defined
3493	3493	amount may be set aside for electricity storage projects related to
3494	3494	renewable energy;
3495	3495	(D) five percent shall be used for the clean
3496	3496	fleet program;
3497	3497	(E) two percent may be used for the Texas
3498	3498	alternative fueling facilities program;
3499	3499	(F) not less than 16 percent shall be used for the
3500	3500	natural gas vehicle grant program; and
3501	3501	(G) not more than four percent may be used to
3502	3502	provide grants for natural gas fueling stations under Section
3503	3503	394.010;
3504	3504	(2) for the new technology research and development
3505	3505	program, nine percent of the money in the fund, of which:
3506	3506	(A) up to $200,000 is allocated for a health
3507	3507	effects study;
3508	3508	(B) $500,000 is to be deposited in the state
3509	3509	treasury to the credit of the clean air account created under
3510	3510	Section 382.0622 to supplement funding for air quality planning
3511	3511	activities in affected counties;
3512	3512	(C) not less than 20 percent is to be allocated
3513	3513	each year to support research related to air quality as provided by
3514	3514	Section 387.002 [387.010]; and
3515	3515	(D) the balance is allocated each year to the
3516	3516	commission to be used to:
3517	3517	(i) implement and administer the new
3518	3518	technology research and development program for the purpose of
3519	3519	identifying, testing, and evaluating new emissions-reducing
3520	3520	technologies with potential for commercialization in this state and
3521	3521	to facilitate their certification or verification; and
3522	3522	(ii) contract with the Energy Systems
3523	3523	Laboratory at the Texas Engineering Experiment Station for $216,000
3524	3524	annually for the development and annual computation of creditable
3525	3525	statewide emissions reductions obtained through wind and other
3526	3526	renewable energy resources for the state implementation plan; and
3527	3527	(3) two percent is allocated to the commission and 1.5
3528	3528	percent is allocated to the laboratory for administrative costs
3529	3529	incurred by the commission and the laboratory.
3530	3530	(b) Section 386.252(f), Health and Safety Code, as added by
3531	3531	Chapter 589 (S.B. 20), Acts of the 82nd Legislature, Regular
3532	3532	Session, 2011, is repealed as duplicative of Section 386.252(f),
3533	3533	Health and Safety Code, as added by Chapter 892 (S.B. 385), Acts of
3534	3534	the 82nd Legislature, Regular Session, 2011.
3535	3535	(c) Chapter 393, Health and Safety Code, as added by Chapter
3536	3536	589 (S.B. 20), Acts of the 82nd Legislature, Regular Session, 2011,
3537	3537	is repealed as duplicative of Chapter 394, Health and Safety Code,
3538	3538	as added by Chapter 892 (S.B. 385), Acts of the 82nd Legislature,
3539	3539	Regular Session, 2011.
3540	3540	(d) Chapter 394, Health and Safety Code, as added by Chapter
3541	3541	589 (S.B. 20), Acts of the 82nd Legislature, Regular Session, 2011,
3542	3542	is repealed as duplicative of Chapter 393, Health and Safety Code,
3543	3543	as added by Chapter 892 (S.B. 385), Acts of the 82nd Legislature,
3544	3544	Regular Session, 2011.
3545	3545	SECTION 10.004. Section 533.032(g), Health and Safety Code,
3546	3546	as amended by Chapter 1050 (S.B. 71), Acts of the 82nd Legislature,
3547	3547	Regular Session, 2011, and repealed by Chapter 1083 (S.B. 1179),
3548	3548	Acts of the 82nd Legislature, Regular Session, 2011, is reenacted
3549	3549	to read as follows:
3550	3550	(g) The department shall:
3551	3551	(1) attach the report required by Subsection (c) to
3552	3552	the department's legislative appropriations request for each
3553	3553	biennium;
3554	3554	(2) at the time the department presents its
3555	3555	legislative appropriations request, present the report to the:
3556	3556	(A) governor;
3557	3557	(B) governor's budget office;
3558	3558	(C) lieutenant governor;
3559	3559	(D) speaker of the house of representatives;
3560	3560	(E) Legislative Budget Board; and
3561	3561	(F) Health and Human Services Commission; and
3562	3562	(3) update the department's long-range plan biennially
3563	3563	and include the report in the plan.
3564	3564	SECTION 10.005. The heading to Section 691.008, Health and
3565	3565	Safety Code, is amended to read as follows:
3566	3566	Sec. 691.008. FEES; [REPORTS;] AUDITS.
3567	3567	SECTION 10.006. Section 692A.020(i), Health and Safety
3568	3568	Code, is amended to correct a reference to read as follows:
3569	3569	(i) The Department of Public Safety shall remit to the
3570	3570	comptroller the money collected under Sections 521.421(g) and
3571	3571	521.422(c), Transportation Code, as provided by those
3572	3572	subsections. A county assessor-collector shall remit to the
3573	3573	comptroller any money collected under Section 502.405 [502.1745],
3574	3574	Transportation Code, as provided by that section. Money remitted
3575	3575	to the comptroller in accordance with those sections that is
3576	3576	appropriated to the department shall be disbursed to the nonprofit
3577	3577	organization administering the registry under this section under
3578	3578	the terms of the contract between the department and the
3579	3579	organization to pay the costs of:
3580	3580	(1) maintaining, operating, and updating the
3581	3581	Internet-based registry and establishing procedures for an
3582	3582	individual to be added to the registry;
3583	3583	(2) designing and distributing educational materials
3584	3584	for prospective donors as required under this section; and
3585	3585	(3) providing education under this chapter.
3586	3586	SECTION 10.007. Section 711.008(b), Health and Safety Code,
3587	3587	as amended by Chapters 721 (H.B. 788) and 1017 (H.B. 2643), Acts of
3588	3588	the 82nd Legislature, Regular Session, 2011, is reenacted and
3589	3589	amended to read as follows:
3590	3590	(b) Subsection (a) does not apply to:
3591	3591	(1) a cemetery heretofore established and operating;
3592	3592	(2) the establishment and use of a columbarium by an
3593	3593	organized religious society or sect that is exempt from income
3594	3594	taxation under Section 501(a), Internal Revenue Code of 1986, by
3595	3595	being listed under Section 501(c)(3) of that code, as part of or
3596	3596	attached to the principal church building owned by the society or
3597	3597	sect;
3598	3598	(3) the establishment and use of a columbarium by an
3599	3599	organized religious society or sect that is exempt from income
3600	3600	taxation under Section 501(a), Internal Revenue Code of 1986, by
3601	3601	being listed under Section 501(c)(3) of that code, on land that:
3602	3602	(A) is owned by the society or sect; and
3603	3603	(B) is part of the campus on which an existing
3604	3604	principal church building is located;
3605	3605	(4) the establishment and use of a columbarium on the
3606	3606	campus of a private or independent institution of higher education,
3607	3607	as defined by Section 61.003, Education Code, that is wholly or
3608	3608	substantially controlled, managed, owned, or supported by or
3609	3609	otherwise affiliated with an organized religious society or sect
3610	3610	that is exempt from income taxation under Section 501(a), Internal
3611	3611	Revenue Code of 1986, by being listed under Section 501(c)(3) of
3612	3612	that code, if a place of worship is located on the campus;
3613	3613	(5) the establishment and use of a mausoleum that is:
3614	3614	(A) constructed beneath the principal church
3615	3615	building owned by an organized religious society or sect that:
3616	3616	(i) is exempt from income taxation under
3617	3617	Section 501(a), Internal Revenue Code of 1986, by being listed
3618	3618	under Section 501(c)(3) of that code; and
3619	3619	(ii) has recognized religious traditions
3620	3620	and practices of interring the remains of ordained clergy in or
3621	3621	below the principal church building; and
3622	3622	(B) used only for the interment of the remains of
3623	3623	ordained clergy of that organized religious society or sect; [or]
3624	3624	(6) the establishment and operation, if authorized in
3625	3625	accordance with Subsection (h), of a perpetual care cemetery by an
3626	3626	organized religious society or sect that:
3627	3627	(A) is exempt from income taxation under Section
3628	3628	501(a), Internal Revenue Code of 1986, by being listed under
3629	3629	Section 501(c)(3) of that code;
3630	3630	(B) has been in existence for at least five
3631	3631	years;
3632	3632	(C) has at least $500,000 in assets; and
3633	3633	(D) establishes and operates the cemetery on land
3634	3634	that:
3635	3635	(i) is owned by the society or sect;
3636	3636	(ii) together with any other land owned by
3637	3637	the society or sect and adjacent to the land on which the cemetery
3638	3638	is located, is not less than 10 acres; and
3639	3639	(iii) is in a municipality with a
3640	3640	population of at least one million that is located predominantly in
3641	3641	a county that has a total area of less than 1,000 square miles; or
3642	3642	(7) [(6)] the establishment and use of a private
3643	3643	family cemetery by an organization that is exempt from income
3644	3644	taxation under Section 501(a), Internal Revenue Code of 1986, by
3645	3645	being listed under Section 501(c)(3) of that code, on land that is:
3646	3646	(A) owned by the organization; and
3647	3647	(B) located in a county:
3648	3648	(i) with a population of more than 125,000;
3649	3649	and
3650	3650	(ii) that is adjacent to a county that has a
3651	3651	population of more than 1.5 million and in which more than 75
3652	3652	percent of the population lives in a single municipality.
3653	3653	SECTION 10.008. Section 711.009(c), Health and Safety Code,
3654	3654	is amended to correct a typographical error to read as follows:
3655	3655	(c) This section applies only to a cemetery located in a
3656	3656	municipality with a population [popluation] of 40,000 or more or in
3657	3657	a county with a population of 290,000 or more.
3658	3658	SECTION 10.009. The heading to Subchapter C, Chapter 772,
3659	3659	Health and Safety Code, is amended to conform to changes made to
3660	3660	that subchapter by Chapter 1163 (H.B. 2702), Acts of the 82nd
3661	3661	Legislature, Regular Session, 2011, to read as follows:
3662	3662	SUBCHAPTER C. EMERGENCY COMMUNICATION DISTRICTS: COUNTIES WITH
3663	3663	POPULATION OVER 1.5 MILLION [860,000]
3664	3664	SECTION 10.010. The heading to Subchapter E, Chapter 772,
3665	3665	Health and Safety Code, is amended to conform to changes made to
3666	3666	that subchapter by Chapter 1163 (H.B. 2702), Acts of the 82nd
3667	3667	Legislature, Regular Session, 2011, to read as follows:
3668	3668	SUBCHAPTER E. EMERGENCY COMMUNICATION SERVICE: COUNTIES WITH
3669	3669	POPULATION OVER TWO [1.5] MILLION
3670	3670	ARTICLE 11. CHANGES RELATING TO INSURANCE CODE
3671	3671	SECTION 11.001. Section 843.461(b), Insurance Code, is
3672	3672	amended to more closely conform to the source law from which the
3673	3673	section was derived to read as follows:
3674	3674	(b) The commissioner may take an enforcement action listed
3675	3675	in Subsection (a) against a health maintenance organization if the
3676	3676	commissioner finds that the health maintenance organization:
3677	3677	(1) is operating in a manner that is:
3678	3678	(A) significantly contrary to its basic
3679	3679	organizational documents or health care plan; or
3680	3680	(B) contrary to the manner described in and
3681	3681	reasonably inferred from other information submitted under Section
3682	3682	843.078, 843.079, or 843.080;
3683	3683	(2) issues an evidence of coverage or uses a schedule
3684	3684	of charges for health care services that does not comply with the
3685	3685	requirements of Sections 843.346, 1271.001-1271.005, 1271.007,
3686	3686	1271.151, 1271.152, and 1271.156, and Subchapters B, C, E, F, and G,
3687	3687	Chapter 1271;
3688	3688	(3) does not meet the requirements of Section
3689	3689	843.082(1);
3690	3690	(4) provides a health care plan that does not provide
3691	3691	or arrange for basic health care services, provides a limited
3692	3692	health care service plan that does not provide or arrange for the
3693	3693	plan's limited health care services, or provides a single health
3694	3694	care service plan that does not provide or arrange for a single
3695	3695	health care service;
3696	3696	(5) cannot fulfill its obligation to provide:
3697	3697	(A) health care services as required under its
3698	3698	health care plan;
3699	3699	(B) limited health care services as required
3700	3700	under its limited health care service plan; or
3701	3701	(C) a single health care service as required
3702	3702	under its single health care service plan;
3703	3703	(6) is no longer financially responsible and may
3704	3704	reasonably be expected to be unable to meet its obligations to
3705	3705	enrollees or prospective enrollees;
3706	3706	(7) has not implemented the complaint system required
3707	3707	by Section 843.251 in a manner to resolve reasonably valid
3708	3708	complaints;
3709	3709	(8) has advertised or merchandised its services in an
3710	3710	untrue, misrepresentative, misleading, deceptive, or unfair manner
3711	3711	or a person on behalf of the health maintenance organization has
3712	3712	advertised or merchandised the health maintenance organization's
3713	3713	services in an untrue, misrepresentative, misleading, deceptive,
3714	3714	or unfair [untrue] manner;
3715	3715	(9) would be hazardous to its enrollees if it
3716	3716	continued in operation;
3717	3717	(10) has not complied substantially with:
3718	3718	(A) this chapter or a rule adopted under this
3719	3719	chapter; or
3720	3720	(B) Section 1367.053, Subchapter A, Chapter
3721	3721	1452, Subchapter B, Chapter 1507, Chapter 222, 251, or 258, as
3722	3722	applicable to a health maintenance organization, or Chapter 1271 or
3723	3723	1272 or a rule adopted under one of those provisions; or
3724	3724	(11) has not taken corrective action the commissioner
3725	3725	considers necessary to correct a failure to comply with this
3726	3726	chapter, any applicable provision of this code, or any applicable
3727	3727	rule or order of the commissioner not later than the 30th day after
3728	3728	the date of notice of the failure or within any longer period
3729	3729	specified in the notice and determined by the commissioner to be
3730	3730	reasonable.
3731	3731	ARTICLE 12. CHANGES RELATING TO LOCAL GOVERNMENT CODE
3732	3732	SECTION 12.001. Section 106.002, Local Government Code, is
3733	3733	amended to correct a reference to read as follows:
3734	3734	Sec. 106.002. DEPOSITS TO FUND. The following money shall
3735	3735	be deposited in the fund:
3736	3736	(1) court costs collected under Article 102.014, Code
3737	3737	of Criminal Procedure; and
3738	3738	(2) optional motor vehicle registration fees remitted
3739	3739	to the municipality by the county under Section 502.403 [502.173],
3740	3740	Transportation Code.
3741	3741	SECTION 12.002. Section 132.002(a), Local Government Code,
3742	3742	as amended by Chapters 1022 (H.B. 2717) and 1341 (S.B. 1233), Acts
3743	3743	of the 82nd Legislature, Regular Session, 2011, is reenacted and
3744	3744	amended to read as follows:
3745	3745	(a) The commissioners court of a county may authorize a
3746	3746	county or precinct officer who collects fees, fines, court costs,
3747	3747	or other charges on behalf of the county or the state to accept
3748	3748	payment by credit card, [or by] the electronic processing of
3749	3749	checks, or other electronic means of a fee, fine, court costs, or
3750	3750	other charge. The commissioners court may also authorize a county
3751	3751	or precinct officer to collect and retain a fee for processing the
3752	3752	payment by credit card, [or by] the electronic processing of
3753	3753	checks, or other electronic means.
3754	3754	SECTION 12.003. The heading to Subchapter E, Chapter 214,
3755	3755	Local Government Code, is amended to conform to changes made to that
3756	3756	subchapter by Chapter 1163 (H.B. 2702), Acts of the 82nd
3757	3757	Legislature, Regular Session, 2011, to read as follows:
3758	3758	SUBCHAPTER E. COMMERCIAL BUILDING PERMITS IN CERTAIN POPULOUS
3759	3759	MUNICIPALITIES [WITH POPULATION OF MORE THAN 900,000]
3760	3760	SECTION 12.004. Section 232.040(b), Local Government Code,
3761	3761	is amended to correct a reference to read as follows:
3762	3762	(b) Except as provided by Subsection (c), a lot in a
3763	3763	subdivision may not be sold if the lot lacks water and sewer
3764	3764	services as required by this subchapter unless the lot is platted or
3765	3765	replatted as required by this subchapter. A subdivider or agent of a
3766	3766	subdivider may not transfer a lot through an executory contract or
3767	3767	other similar conveyance to evade the requirements of this
3768	3768	subchapter. The prohibition in this subsection includes the sale
3769	3769	of a lot:
3770	3770	(1) by a subdivider who regains possession of a lot
3771	3771	previously exempt under Subsection (c) through the exercise of a
3772	3772	remedy described in Section 5.064 [5.061], Property Code; or
3773	3773	(2) for which it is shown at a proceeding brought in
3774	3774	the district court in which the property is located that the sale of
3775	3775	a lot otherwise exempt under Subsection (c) was made for the purpose
3776	3776	of evading the requirements of this subchapter.
3777	3777	SECTION 12.005. Section 240.048, Local Government Code, is
3778	3778	amended to correct a reference to read as follows:
3779	3779	Sec. 240.048. EXCEPTIONS. This subchapter does not apply
3780	3780	to:
3781	3781	(1) a private water well drilled:
3782	3782	(A) on a parcel of land that:
3783	3783	(i) is 10 acres or more in size; or
3784	3784	(ii) is qualified open-space land, as
3785	3785	defined by Section 23.51, Tax Code;
3786	3786	(B) within the boundaries of a groundwater
3787	3787	conservation district;
3788	3788	(C) within the boundaries of a subsidence
3789	3789	district other than the Harris-Galveston [Coastal] Subsidence
3790	3790	District; or
3791	3791	(D) incident to the exploration, development, or
3792	3792	production of oil, gas, or other minerals; or
3793	3793	(2) a public water system that has been permitted
3794	3794	under rules adopted by the Texas Commission on Environmental
3795	3795	Quality.
3796	3796	SECTION 12.006. Section 351.045, Local Government Code, as
3797	3797	added by Chapters 759 (H.B. 1566), 760 (H.B. 1567), and 975 (H.B.
3798	3798	1568), Acts of the 82nd Legislature, Regular Session, 2011, is
3799	3799	reenacted to read as follows:
3800	3800	Sec. 351.045. EMPLOYMENT OF HEALTH CARE PROVIDERS. (a) The
3801	3801	commissioners court of a county may appoint, contract for, or
3802	3802	employ licensed physicians, dentists, or other health care
3803	3803	providers to provide health care services to inmates in the custody
3804	3804	of the sheriff.
3805	3805	(b) This section may not be construed as authorizing a
3806	3806	commissioners court to supervise or control the practice of
3807	3807	medicine as prohibited by Subtitle B, Title 3, Occupations Code, or
3808	3808	to supervise or control the practice of dentistry as prohibited by
3809	3809	Subtitle D, Title 3, Occupations Code.
3810	3810	ARTICLE 13. CHANGES RELATING TO NATURAL RESOURCES CODE
3811	3811	SECTION 13.001. Section 62.001(e), Natural Resources Code,
3812	3812	is amended to correct references to read as follows:
3813	3813	(e) The provisions of this chapter do not permit any
3814	3814	interference with the right the public has under the provisions of
3815	3815	Subchapter B, [of] Chapter 61, [of this code] to the free and
3816	3816	unrestricted use of, and to ingress and egress to, the area
3817	3817	bordering on the Gulf of Mexico from mean low tide to the line of
3818	3818	vegetation, as that term is defined in [Subsection (2),] Section
3819	3819	61.001 [of this code]. A county, county official, or anyone acting
3820	3820	under the authority of this chapter may not exercise any authority,
3821	3821	contract out a right to exercise authority, or otherwise delegate
3822	3822	authority beyond that specifically granted to it in Sections 61.122
3823	3823	through 61.128 [of this code] over that area notwithstanding any of
3824	3824	the specific provisions of this chapter. The rights established in
3825	3825	Subchapters B and D, [of] Chapter 61, [of this code] are paramount
3826	3826	over the rights or interests that might otherwise be created by the
3827	3827	provisions of this chapter, and nothing in this chapter encroaches
3828	3828	on those rights or upon land, or interests in land, that may
3829	3829	ultimately be held subject to those rights.
3830	3830	SECTION 13.002. Section 62.091(a), Natural Resources Code,
3831	3831	is amended to correct a reference to read as follows:
3832	3832	(a) The following land is under the jurisdiction of the
3833	3833	board:
3834	3834	(1) public beaches owned in fee by the county; and
3835	3835	(2) land used as parks in connection with public
3836	3836	beaches not located inside the boundaries of an incorporated city
3837	3837	and not inside the area bordering on the Gulf of Mexico from the
3838	3838	line of mean low tide to the line of vegetation as that term is
3839	3839	defined in Section 61.001 [61.001(2) of this code].
3840	3840	ARTICLE 14. CHANGES RELATING TO OCCUPATIONS CODE
3841	3841	SECTION 14.001. The heading to Section 203.154, Occupations
3842	3842	Code, is amended to read as follows:
3843	3843	Sec. 203.154. [ANNUAL REPORT;] REPORTS ON MIDWIFERY.
3844	3844	SECTION 14.002. The heading to Section 452.159, Occupations
3845	3845	Code, is amended to read as follows:
3846	3846	Sec. 452.159. BIENNIAL REPORT [ANNUAL REPORTS].
3847	3847	SECTION 14.003. Section 801.353(d-1), Occupations Code, as
3848	3848	added by Chapters 231 (H.B. 413) and 411 (S.B. 811), Acts of the
3849	3849	82nd Legislature, Regular Session, 2011, is reenacted and amended
3850	3850	to read as follows:
3851	3851	(d-1) The privilege provided by this section is waived by
3852	3852	the client or the owner of the animal treated by the veterinarian in
3853	3853	a proceeding to substantiate and collect on a claim for the
3854	3854	provision of or a debt incurred for veterinary services.
3855	3855	SECTION 14.004. Section 1103.403(b), Occupations Code, is
3856	3856	amended to correct an error in punctuation to read as follows:
3857	3857	(b) Not later than the 10th day after the date an appraiser
3858	3858	changes the appraiser's address, e-mail address, or telephone
3859	3859	number, the appraiser shall [:] notify the board of the change and
3860	3860	pay any required fee.
3861	3861	SECTION 14.005. Section 1602.262(a), Occupations Code, as
3862	3862	amended by Chapters 331 (H.B. 2727) and 1241 (S.B. 1170), Acts of
3863	3863	the 82nd Legislature, Regular Session, 2011, is reenacted to read
3864	3864	as follows:
3865	3865	(a) An applicant for a license under this chapter is
3866	3866	entitled to the license if the applicant:
3867	3867	(1) meets the applicable eligibility requirements;
3868	3868	(2) passes the applicable examination;
3869	3869	(3) pays the required fee;
3870	3870	(4) has not committed an act that constitutes a ground
3871	3871	for denial of the license; and
3872	3872	(5) submits an application on a form prescribed by the
3873	3873	department.
3874	3874	ARTICLE 15. CHANGES RELATING TO PARKS AND WILDLIFE CODE
3875	3875	SECTION 15.001. Section 47.001(9), Parks and Wildlife Code,
3876	3876	is amended to correct a reference to read as follows:
3877	3877	(9) "Place of business" means a permanent structure on
3878	3878	land or a motor vehicle required to be registered under Section
3879	3879	502.040 [502.002], Transportation Code, where aquatic products or
3880	3880	orders for aquatic products are received or where aquatic products
3881	3881	are sold or purchased but does not include a boat or any type of
3882	3882	floating device, a public cold storage vault, the portion of a
3883	3883	structure that is used as a residence, or a vehicle from which no
3884	3884	orders are taken or no shipments or deliveries are made other than
3885	3885	to the place of business of a licensee in this state.
3886	3886	ARTICLE 16. CHANGES RELATING TO PENAL CODE
3887	3887	SECTION 16.001. Section 12.42(b), Penal Code, as amended by
3888	3888	Chapters 834 (H.B. 3384) and 1119 (H.B. 3), Acts of the 82nd
3889	3889	Legislature, Regular Session, 2011, is reenacted and amended to
3890	3890	read as follows:
3891	3891	(b) Except as provided by Subsection (c)(2) or (c)(4), as
3892	3892	amended by Chapter 1119 (H.B. 3), Acts of the 82nd Legislature,
3893	3893	Regular Session, 2011, if it is shown on the trial of a felony of the
3894	3894	second degree that the defendant has previously been finally
3895	3895	convicted of a felony other than a state jail felony punishable
3896	3896	under Section 12.35(a), on conviction the defendant shall be
3897	3897	punished for a felony of the first degree.
3898	3898	SECTION 16.002. Section 12.42(d), Penal Code, as amended by
3899	3899	Chapters 834 (H.B. 3384) and 1119 (H.B. 3), Acts of the 82nd
3900	3900	Legislature, Regular Session, 2011, is reenacted and amended to
3901	3901	read as follows:
3902	3902	(d) Except as provided by Subsection (c)(2) or (c)(4), as
3903	3903	amended by Chapter 1119 (H.B. 3), Acts of the 82nd Legislature,
3904	3904	Regular Session, 2011, if it is shown on the trial of a felony
3905	3905	offense other than a state jail felony punishable under Section
3906	3906	12.35(a) that the defendant has previously been finally convicted
3907	3907	of two felony offenses, and the second previous felony conviction
3908	3908	is for an offense that occurred subsequent to the first previous
3909	3909	conviction having become final, on conviction the defendant shall
3910	3910	be punished by imprisonment in the Texas Department of Criminal
3911	3911	Justice for life, or for any term of not more than 99 years or less
3912	3912	than 25 years. A previous conviction for a state jail felony
3913	3913	punishable under Section 12.35(a) may not be used for enhancement
3914	3914	purposes under this subsection.
3915	3915	SECTION 16.003. Section 12.42(f), Penal Code, is amended to
3916	3916	conform to the repeal of Section 12.42(e), Penal Code, by Chapter
3917	3917	834 (H.B. 3384), Acts of the 82nd Legislature, Regular Session,
3918	3918	2011, and to correct a reference to read as follows:
3919	3919	(f) For the purposes of Subsections (a), (b), and (c)(1),
3920	3920	[and (e),] an adjudication by a juvenile court under Section 54.03,
3921	3921	Family Code, that a child engaged in delinquent conduct on or after
3922	3922	January 1, 1996, constituting a felony offense for which the child
3923	3923	is committed to the Texas Juvenile Justice Department [Youth
3924	3924	Commission] under Section 54.04(d)(2), (d)(3), or (m), Family Code,
3925	3925	or Section 54.05(f), Family Code, is a final felony conviction.
3926	3926	SECTION 16.004. Section 37.01(2), Penal Code, is amended to
3927	3927	correct a reference to read as follows:
3928	3928	(2) "Governmental record" means:
3929	3929	(A) anything belonging to, received by, or kept
3930	3930	by government for information, including a court record;
3931	3931	(B) anything required by law to be kept by others
3932	3932	for information of government;
3933	3933	(C) a license, certificate, permit, seal, title,
3934	3934	letter of patent, or similar document issued by government, by
3935	3935	another state, or by the United States;
3936	3936	(D) a standard proof of motor vehicle liability
3937	3937	insurance form described by Section 601.081, Transportation Code, a
3938	3938	certificate of an insurance company described by Section 601.083 of
3939	3939	that code, a document purporting to be such a form or certificate
3940	3940	that is not issued by an insurer authorized to write motor vehicle
3941	3941	liability insurance in this state, an electronic submission in a
3942	3942	form described by Section 502.046(i) [502.153(i)], Transportation
3943	3943	Code, or an evidence of financial responsibility described by
3944	3944	Section 601.053 of that code;
3945	3945	(E) an official ballot or other election record;
3946	3946	or
3947	3947	(F) the written documentation a mobile food unit
3948	3948	is required to obtain under Section 437.0074, Health and Safety
3949	3949	Code.
3950	3950	SECTION 16.005. Section 71.02(a), Penal Code, as amended by
3951	3951	Chapters 68 (S.B. 934) and 223 (H.B. 260), Acts of the 82nd
3952	3952	Legislature, Regular Session, 2011, is reenacted and amended to
3953	3953	read as follows:
3954	3954	(a) A person commits an offense if, with the intent to
3955	3955	establish, maintain, or participate in a combination or in the
3956	3956	profits of a combination or as a member of a criminal street gang,
3957	3957	the person commits or conspires to commit one or more of the
3958	3958	following:
3959	3959	(1) murder, capital murder, arson, aggravated
3960	3960	robbery, robbery, burglary, theft, aggravated kidnapping,
3961	3961	kidnapping, aggravated assault, aggravated sexual assault, sexual
3962	3962	assault, forgery, deadly conduct, assault punishable as a Class A
3963	3963	misdemeanor, burglary of a motor vehicle, or unauthorized use of a
3964	3964	motor vehicle;
3965	3965	(2) any gambling offense punishable as a Class A
3966	3966	misdemeanor;
3967	3967	(3) promotion of prostitution, aggravated promotion
3968	3968	of prostitution, or compelling prostitution;
3969	3969	(4) unlawful manufacture, transportation, repair, or
3970	3970	sale of firearms or prohibited weapons;
3971	3971	(5) unlawful manufacture, delivery, dispensation, or
3972	3972	distribution of a controlled substance or dangerous drug, or
3973	3973	unlawful possession of a controlled substance or dangerous drug
3974	3974	through forgery, fraud, misrepresentation, or deception;
3975	3975	(5-a) causing the unlawful delivery, dispensation, or
3976	3976	distribution of a controlled substance or dangerous drug in
3977	3977	violation of Subtitle B, Title 3, Occupations Code;
3978	3978	(6) any unlawful wholesale promotion or possession of
3979	3979	any obscene material or obscene device with the intent to wholesale
3980	3980	promote the same;
3981	3981	(7) any offense under Subchapter B, Chapter 43,
3982	3982	depicting or involving conduct by or directed toward a child
3983	3983	younger than 18 years of age;
3984	3984	(8) any felony offense under Chapter 32;
3985	3985	(9) any offense under Chapter 36;
3986	3986	(10) any offense under Chapter 34, 35, or 35A;
3987	3987	(11) any offense under Section 37.11(a);
3988	3988	(12) any offense under Chapter 20A;
3989	3989	(13) any offense under Section 37.10;
3990	3990	(14) any offense under Section 38.06, 38.07, 38.09, or
3991	3991	38.11;
3992	3992	(15) any offense under Section 42.10;
3993	3993	(16) any offense under Section 46.06(a)(1) or 46.14;
3994	3994	[or]
3995	3995	(17) any offense under Section 20.05; or
3996	3996	(18) [(17)] any offense classified as a felony under
3997	3997	the Tax Code.
3998	3998	ARTICLE 17. CHANGES RELATING TO PROPERTY CODE
3999	3999	SECTION 17.001. Section 51.002(i), Property Code, as added
4000	4000	by Chapters 252 (H.B. 1127) and 592 (S.B. 101), Acts of the 82nd
4001	4001	Legislature, Regular Session, 2011, is reenacted to read as
4002	4002	follows:
4003	4003	(i) Notice served on a debtor under this section must state
4004	4004	the name and address of the sender of the notice and contain, in
4005	4005	addition to any other statements required under this section, a
4006	4006	statement that is conspicuous, printed in boldface or underlined
4007	4007	type, and substantially similar to the following: "Assert and
4008	4008	protect your rights as a member of the armed forces of the United
4009	4009	States. If you are or your spouse is serving on active military
4010	4010	duty, including active military duty as a member of the Texas
4011	4011	National Guard or the National Guard of another state or as a member
4012	4012	of a reserve component of the armed forces of the United States,
4013	4013	please send written notice of the active duty military service to
4014	4014	the sender of this notice immediately."
4015	4015	SECTION 17.002. (a) Section 209.003(e), Property Code, as
4016	4016	added by Chapters 1142 (H.B. 1821) and 1282 (H.B. 1228), Acts of the
4017	4017	82nd Legislature, Regular Session, 2011, is reenacted to conform to
4018	4018	Section 209.003(e), Property Code, as added by Chapter 1026 (H.B.
4019	4019	2761), Acts of the 82nd Legislature, Regular Session, 2011, and
4020	4020	Section 209.003(e), Property Code, as added by Chapter 1217 (S.B.
4021	4021	472), Acts of the 82nd Legislature, Regular Session, 2011, to read
4022	4022	as follows:
4023	4023	(e) The following provisions of this chapter do not apply to
4024	4024	a property owners' association that is a mixed-use master
4025	4025	association that existed before January 1, 1974, and that does not
4026	4026	have the authority under a dedicatory instrument or other governing
4027	4027	document to impose fines:
4028	4028	(1) Section 209.005(c);
4029	4029	(2) Section 209.0056;
4030	4030	(3) Section 209.0057;
4031	4031	(4) Section 209.0058;
4032	4032	(5) Section 209.00592; and
4033	4033	(6) Section 209.0062.
4034	4034	(b) Section 209.003(e), Property Code, as added by Chapter
4035	4035	1026 (H.B. 2761), Acts of the 82nd Legislature, Regular Session,
4036	4036	2011, and Section 209.003(e), Property Code, as added by Chapter
4037	4037	1217 (S.B. 472), Acts of the 82nd Legislature, Regular Session,
4038	4038	2011, are repealed.
4039	4039	SECTION 17.003. Sections 209.0058, 209.0059, 209.00592,
4040	4040	and 209.00593, Property Code, as added by Chapter 1217 (S.B. 472),
4041	4041	Acts of the 82nd Legislature, Regular Session, 2011, are repealed
4042	4042	as duplicative of Sections 209.0058, 209.0059, 209.00591, and
4043	4043	209.00592, Property Code, as added by Chapter 1026 (H.B. 2761),
4044	4044	Acts of the 82nd Legislature, Regular Session, 2011.
4045	4045	SECTION 17.004. Section 209.0062, Property Code, as added
4046	4046	by Chapter 1142 (H.B. 1821), Acts of the 82nd Legislature, Regular
4047	4047	Session, 2011, is repealed as duplicative of Section 209.0062,
4048	4048	Property Code, as added by Chapter 1282 (H.B. 1228), Acts of the
4049	4049	82nd Legislature, Regular Session, 2011.
4050	4050	ARTICLE 18. CHANGES RELATING TO SPECIAL DISTRICT LOCAL LAWS CODE
4051	4051	PART A. GENERAL CHANGES
4052	4052	SECTION 18.001. Section 1072.021, Special District Local
4053	4053	Laws Code, is amended to add a heading to read as follows:
4054	4054	Sec. 1072.021. ELECTION ON CREATION OF DISTRICT. (a) The
4055	4055	Commissioners Court of Runnels County shall order an election for
4056	4056	the registered voters of Runnels County who do not reside in the
4057	4057	Ballinger Memorial Hospital District or the North Runnels County
4058	4058	Hospital District on the question of creating the Runnels County
4059	4059	Hospital District if the commissioners court receives notice that:
4060	4060	(1) the board of directors of the Ballinger Memorial
4061	4061	Hospital District intends to order an election to dissolve the
4062	4062	Ballinger Memorial Hospital District and create the Runnels County
4063	4063	Hospital District under Subchapter D-1, Chapter 1004; and
4064	4064	(2) the board of directors of the North Runnels County
4065	4065	Hospital District intends to order an election to dissolve the
4066	4066	North Runnels County Hospital District and create the Runnels
4067	4067	County Hospital District under Section 20c, Chapter 206, Acts of
4068	4068	the 61st Legislature, Regular Session, 1969.
4069	4069	(b) The Commissioners Court of Runnels County shall notify
4070	4070	the boards of directors of the Ballinger Memorial Hospital District
4071	4071	and the North Runnels County Hospital District that the
4072	4072	commissioners court intends to hold the election under this
4073	4073	section.
4074	4074	(c) The election held under this section shall be held on
4075	4075	the same date as the elections to dissolve the Ballinger Memorial
4076	4076	Hospital District and the North Runnels County Hospital District
4077	4077	and to create the Runnels County Hospital District. The
4078	4078	Commissioners Court of Runnels County shall coordinate with the
4079	4079	boards of directors of the Ballinger Memorial Hospital District and
4080	4080	the North Runnels County Hospital District in setting the election
4081	4081	date under this section.
4082	4082	(d) The order calling the election under this section must
4083	4083	state:
4084	4084	(1) the nature of the election, including the
4085	4085	proposition that is to appear on the ballot;
4086	4086	(2) the date of the election;
4087	4087	(3) the hours during which the polls will be open; and
4088	4088	(4) the location of the polling places.
4089	4089	(e) Section 41.001, Election Code, does not apply to an
4090	4090	election ordered under this section.
4091	4091	(f) The Commissioners Court of Runnels County shall give
4092	4092	notice of an election under this section by publishing a
4093	4093	substantial copy of the election order in a newspaper with general
4094	4094	circulation in Runnels County once a week for two consecutive
4095	4095	weeks. The first publication must appear not later than the 35th
4096	4096	day before the date set for the election.
4097	4097	(g) The ballot for an election under this section must be
4098	4098	printed to permit voting for or against the proposition: "The
4099	4099	creation of the Runnels County Hospital District, providing for the
4100	4100	imposition of an ad valorem tax at a rate not to exceed ___ cents
4101	4101	(insert any rate not to exceed 75 cents) on each $100 valuation of
4102	4102	taxable property in Runnels County.
4103	4103	(h) The Commissioners Court of Runnels County shall find
4104	4104	that the Runnels County Hospital District is created if:
4105	4105	(1) a majority of the votes in an election held on the
4106	4106	same date under Subchapter D-1, Chapter 1004, favor dissolution of
4107	4107	the Ballinger Memorial Hospital District and creation of the
4108	4108	Runnels County Hospital District;
4109	4109	(2) a majority of the votes in an election held on the
4110	4110	same date under Section 20c, Chapter 206, Acts of the 61st
4111	4111	Legislature, Regular Session, 1969, favor dissolution of the North
4112	4112	Runnels County Hospital District and creation of the Runnels County
4113	4113	Hospital District; and
4114	4114	(3) a cumulative majority of the votes held in the
4115	4115	election called by the commissioners court and in the elections
4116	4116	described by Subdivisions (1) and (2) favor creation of the Runnels
4117	4117	County Hospital District.
4118	4118	SECTION 18.002. (a) Section 1103.052, Special District
4119	4119	Local Laws Code, as effective April 1, 2013, is amended to conform
4120	4120	to Section 1, Chapter 400, Acts of the 82nd Legislature, Regular
4121	4121	Session, 2011, to read as follows:
4122	4122	Sec. 1103.052. NOTICE OF ELECTION. Notice [At least 10 days
4123	4123	before the date] of a directors' election[, notice of the election]
4124	4124	must be published in accordance with Section 4.003, Election Code
4125	4125	[one time in a newspaper of general circulation in Swisher County].
4126	4126	(b) Section 1103.053, Special District Local Laws Code, as
4127	4127	effective April 1, 2013, is amended to conform to Section 1, Chapter
4128	4128	400, Acts of the 82nd Legislature, Regular Session, 2011, to read as
4129	4129	follows:
4130	4130	Sec. 1103.053. BALLOT APPLICATION [PETITION]. A person who
4131	4131	wants to have the person's name printed on the ballot as a candidate
4132	4132	for director must file with the board secretary an application in
4133	4133	accordance with Chapter 144 [a petition requesting that action.
4134	4134	The petition must be:
4135	4135	[(1) signed by not less than 25 registered voters; and
4136	4136	[(2) filed by the deadline imposed by Section
4137	4137	144.005], Election Code.
4138	4138	(c) Section 1103.054(a), Special District Local Laws Code,
4139	4139	as effective April 1, 2013, is amended to conform to Section 1,
4140	4140	Chapter 400, Acts of the 82nd Legislature, Regular Session, 2011,
4141	4141	to read as follows:
4142	4142	(a) A person must at the time of election or appointment as
4143	4143	director:
4144	4144	(1) be a registered voter of the district [own
4145	4145	property subject to taxation in the district]; and
4146	4146	(2) be at least 18 years of age.
4147	4147	(d) Section 1, Chapter 400, Acts of the 82nd Legislature,
4148	4148	Regular Session, 2011, is repealed.
4149	4149	SECTION 18.003. (a) Subchapter D, Chapter 1103, Special
4150	4150	District Local Laws Code, as effective April 1, 2013, is amended to
4151	4151	conform to Section 2, Chapter 400, Acts of the 82nd Legislature,
4152	4152	Regular Session, 2011, by adding Section 1103.156 to read as
4153	4153	follows:
4154	4154	Sec. 1103.156. AUTHORITY TO BORROW MONEY; SECURITY.
4155	4155	(a) The board may borrow money at a rate not to exceed the maximum
4156	4156	annual percentage rate allowed by law for district obligations at
4157	4157	the time the loan is made.
4158	4158	(b) To secure a loan, the board may pledge:
4159	4159	(1) district revenue that is not pledged to pay the
4160	4160	district's bonded indebtedness;
4161	4161	(2) district taxes to be imposed by the district
4162	4162	during the 12-month period following the date of the pledge that are
4163	4163	not pledged to pay the principal of or interest on district bonds;
4164	4164	or
4165	4165	(3) district bonds that have been authorized but not
4166	4166	sold.
4167	4167	(c) A loan for which taxes or bonds are pledged must mature
4168	4168	not later than the first anniversary of the date the loan is made. A
4169	4169	loan for which district revenue is pledged must mature not later
4170	4170	than the fifth anniversary of the date the loan is made.
4171	4171	(b) Subchapter E, Chapter 1103, Special District Local Laws
4172	4172	Code, as effective April 1, 2013, is amended to conform to Section
4173	4173	2, Chapter 400, Acts of the 82nd Legislature, Regular Session,
4174	4174	2011, by adding Sections 1103.2045, 1103.208, and 1103.209 to read
4175	4175	as follows:
4176	4176	Sec. 1103.2045. REVENUE BONDS. (a) The board may issue
4177	4177	revenue bonds to:
4178	4178	(1) purchase, construct, acquire, repair, or renovate
4179	4179	buildings or improvements;
4180	4180	(2) equip buildings or improvements for hospital
4181	4181	purposes; or
4182	4182	(3) acquire real property for hospital purposes.
4183	4183	(b) Revenue bonds must be payable from and secured by a
4184	4184	pledge of all or part of the revenue derived from the operation of
4185	4185	the district's hospital system.
4186	4186	(c) Revenue bonds may be additionally secured by a mortgage
4187	4187	or deed of trust on all or part of district property.
4188	4188	(d) Revenue bonds must be issued in the manner provided by
4189	4189	Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049,
4190	4190	Health and Safety Code, for issuance of revenue bonds by a county
4191	4191	hospital authority.
4192	4192	Sec. 1103.208. ADDITIONAL MEANS OF SECURING REPAYMENT OF
4193	4193	BONDS. In addition to the authority to issue general obligation
4194	4194	bonds and revenue bonds under this chapter, the board may provide
4195	4195	for the security and payment of district bonds from a pledge of a
4196	4196	combination of ad valorem taxes as authorized by Section 1103.202
4197	4197	and revenue and other sources as authorized by Section 1103.2045.
4198	4198	Sec. 1103.209. USE OF BOND PROCEEDS. The district may use
4199	4199	the proceeds of bonds issued under this chapter to pay:
4200	4200	(1) any expense the board determines is reasonable and
4201	4201	necessary to issue, sell, and deliver the bonds;
4202	4202	(2) interest payments on the bonds during a period of
4203	4203	acquisition or construction of a project or facility to be provided
4204	4204	through the bonds, not to exceed five years;
4205	4205	(3) costs related to the operation and maintenance of
4206	4206	a project or facility to be provided through the bonds:
4207	4207	(A) during an estimated period of acquisition or
4208	4208	construction, not to exceed five years; and
4209	4209	(B) for one year after the project or facility is
4210	4210	acquired or constructed;
4211	4211	(4) costs related to the financing of the bond funds,
4212	4212	including debt service reserve and contingency funds;
4213	4213	(5) costs related to the bond issuance;
4214	4214	(6) costs related to the acquisition of land or
4215	4215	interests in land for a project or facility to be provided through
4216	4216	the bonds; and
4217	4217	(7) construction costs of a project or facility to be
4218	4218	provided through the bonds, including the payment of related
4219	4219	professional services and expenses.
4220	4220	(c) Section 2, Chapter 400, Acts of the 82nd Legislature,
4221	4221	Regular Session, 2011, is repealed.
4222	4222	SECTION 18.004. (a) Section 1108.058, Special District
4223	4223	Local Laws Code, as effective April 1, 2013, is amended to conform
4224	4224	to Section 1, Chapter 472, Acts of the 82nd Legislature, Regular
4225	4225	Session, 2011, to read as follows:
4226	4226	Sec. 1108.058. QUORUM; VOTING REQUIREMENT. (a) Any five
4227	4227	[four] directors constitute a quorum.
4228	4228	(b) A concurrence of five [four] directors is sufficient in
4229	4229	any matter relating to district business.
4230	4230	(b) Section 1, Chapter 472, Acts of the 82nd Legislature,
4231	4231	Regular Session, 2011, is repealed.
4232	4232	SECTION 18.005. Section 6905.161(f), Special District
4233	4233	Local Laws Code, is amended to more closely conform to the source
4234	4234	law from which the section was derived to read as follows:
4235	4235	(f) A public agency or political subdivision, including the
4236	4236	City of Beeville, may enter into a contract or agreement with the
4237	4237	district [authority] for a water supply as provided by Section
4238	4238	6905.160.
4239	4239	SECTION 18.006. Section 8813.001(6), Special District
4240	4240	Local Laws Code, is amended to correct a reference to read as
4241	4241	follows:
4242	4242	(6) "Groundwater reduction plan" means a plan adopted
4243	4243	or implemented to supply water, reduce reliance on groundwater,
4244	4244	regulate groundwater pumping and usage, or require and allocate
4245	4245	water usage among persons in order to comply with or exceed
4246	4246	requirements imposed by the Fort Bend Subsidence District or the
4247	4247	Harris-Galveston [Coastal] Subsidence District, as applicable,
4248	4248	including any applicable groundwater reduction requirements.
4249	4249	SECTION 18.007. Section 8813.007(b), Special District
4250	4250	Local Laws Code, is amended to correct references to read as
4251	4251	follows:
4252	4252	(b) This chapter does not prevail over or preempt a
4253	4253	provision of Chapter 36, Water Code, or Chapter 8801 or 8834 of this
4254	4254	code[, or Chapter 1045, Acts of the 71st Legislature, Regular
4255	4255	Session, 1989,] that is being implemented by the Harris-Galveston
4256	4256	[Coastal] Subsidence District or Fort Bend Subsidence District, as
4257	4257	applicable.
4258	4258	SECTION 18.008. Section 8813.008, Special District Local
4259	4259	Laws Code, is amended to correct a reference to read as follows:
4260	4260	Sec. 8813.008. FINDING OF BENEFIT. All the land, property,
4261	4261	and persons included within the boundaries of the authority will be
4262	4262	directly benefited by the works, projects, improvements, and
4263	4263	services to be provided by the authority under powers conferred by
4264	4264	Section 59, Article XVI, Texas Constitution, and this chapter. The
4265	4265	authority is created to serve a public use and benefit. The
4266	4266	creation of the authority will serve to promote the health, safety,
4267	4267	and general welfare of persons within the authority and the general
4268	4268	public. Any fees, user fees, rates, charges, or special
4269	4269	assessments imposed by the authority under this chapter are
4270	4270	necessary to pay for the costs of accomplishing the purposes of the
4271	4271	authority as set forth in Section 59, Article XVI, Texas
4272	4272	Constitution, and this chapter, including:
4273	4273	(1) the reduction of groundwater withdrawals;
4274	4274	(2) the facilitation of compliance with the
4275	4275	requirements of the Fort Bend Subsidence District or the
4276	4276	Harris-Galveston [Coastal] Subsidence District, as applicable; and
4277	4277	(3) the provision of services, facilities, and
4278	4278	systems.
4279	4279	SECTION 18.009. Section 8813.101(a), Special District
4280	4280	Local Laws Code, is amended to correct a reference to read as
4281	4281	follows:
4282	4282	(a) The authority may:
4283	4283	(1) provide for the conservation, preservation,
4284	4284	protection, recharge, and prevention of waste of groundwater, and
4285	4285	for the reduction of groundwater withdrawals as necessary to
4286	4286	develop, implement, or enforce a groundwater reduction plan, in a
4287	4287	manner consistent with the purposes of Section 59, Article XVI,
4288	4288	Texas Constitution, and facilitate compliance with Fort Bend
4289	4289	Subsidence District or Harris-Galveston [Coastal] Subsidence
4290	4290	District, as applicable, rules, orders, regulations, or
4291	4291	requirements;
4292	4292	(2) acquire or develop surface water and groundwater
4293	4293	supplies from sources inside or outside the boundaries of the
4294	4294	authority, conserve, store, transport, treat, purify, distribute,
4295	4295	sell, and deliver water to or among persons inside and outside the
4296	4296	boundaries of the authority, and allocate water among persons
4297	4297	participating in the authority's groundwater reduction plan
4298	4298	whether they are located inside or outside the authority's
4299	4299	boundaries;
4300	4300	(3) enter into contracts with persons inside or
4301	4301	outside the authority on terms and conditions the board considers
4302	4302	desirable, fair, and advantageous for the performance of its
4303	4303	rights, powers, and authority under this chapter;
4304	4304	(4) coordinate water services provided inside,
4305	4305	outside, or into the authority;
4306	4306	(5) provide wholesale and retail water services to any
4307	4307	users or customers within the authority's boundaries without being
4308	4308	required to execute contracts with those users or customers;
4309	4309	(6) adopt policies establishing whether, when, and the
4310	4310	manner in which the authority uses requests for proposals in
4311	4311	obtaining services, including professional services;
4312	4312	(7) determine whether to adopt administrative
4313	4313	policies in addition to those required by Section 49.199, Water
4314	4314	Code; and
4315	4315	(8) administer and enforce this chapter.
4316	4316	SECTION 18.010. Section 8813.103(d), Special District
4317	4317	Local Laws Code, is amended to correct a reference to read as
4318	4318	follows:
4319	4319	(d) For wells located in Harris County or Fort Bend County,
4320	4320	the board shall exempt from the charge under Subsection (b) classes
4321	4321	of wells that are not subject to any groundwater reduction
4322	4322	requirement imposed by the Harris-Galveston [Coastal] Subsidence
4323	4323	District or the Fort Bend Subsidence District, as applicable. If
4324	4324	any of those classes of wells become subject to a groundwater
4325	4325	reduction requirement imposed by the applicable subsidence
4326	4326	district, the authority may impose the charge under Subsection (b)
4327	4327	on those classes. The board by rule may exempt any other classes of
4328	4328	wells from the charge under Subsection (b). The board may not apply
4329	4329	the charge under Subsection (b) to a well:
4330	4330	(1) with a casing diameter of less than five inches
4331	4331	that serves only a single-family dwelling; or
4332	4332	(2) regulated under Chapter 27, Water Code.
4333	4333	SECTION 18.011. Sections 8813.105(e) and (j), Special
4334	4334	District Local Laws Code, are amended to correct references to read
4335	4335	as follows:
4336	4336	(e) Written notice containing the information required by
4337	4337	Subsection (d) shall be mailed by certified mail, return receipt
4338	4338	requested, not later than the 30th day before the date of the
4339	4339	hearing. The notice shall be mailed to each person within the
4340	4340	authority who holds a permit for a well issued by the
4341	4341	Harris-Galveston [Coastal] Subsidence District or Fort Bend
4342	4342	Subsidence District, as applicable, and whose well is subject to a
4343	4343	groundwater reduction requirement imposed by that district. The
4344	4344	Harris-Galveston [Coastal] Subsidence District and Fort Bend
4345	4345	Subsidence District shall provide to the authority a list of
4346	4346	persons who hold such a permit.
4347	4347	(j) The board shall apportion the cost of an improvement
4348	4348	project or services to be assessed against the property in the
4349	4349	authority according to the special benefits that accrue to the
4350	4350	property because of the improvement project or services. The board
4351	4351	may assess the cost only according to the number of gallons of
4352	4352	groundwater pumped from wells within the authority that are subject
4353	4353	to a groundwater reduction requirement imposed by the
4354	4354	Harris-Galveston [Coastal] Subsidence District or Fort Bend
4355	4355	Subsidence District, as applicable. The board may not assess the
4356	4356	cost according to groundwater pumped from:
4357	4357	(1) a well with a casing diameter of less than five
4358	4358	inches that serves only a single-family dwelling; or
4359	4359	(2) a well that is regulated by Chapter 27, Water Code.
4360	4360	SECTION 18.012. Section 8813.111(a), Special District
4361	4361	Local Laws Code, is amended to correct a reference to read as
4362	4362	follows:
4363	4363	(a) The authority may wholly or partly develop, prepare,
4364	4364	revise, adopt, implement, enforce, manage, or participate in a
4365	4365	groundwater reduction plan that is applicable only to the authority
4366	4366	and one or more persons outside the authority. The authority may
4367	4367	require that any groundwater reduction plan that the authority
4368	4368	wholly or partly develops, prepares, revises, adopts, implements,
4369	4369	enforces, or manages or in which the authority participates be the
4370	4370	exclusive groundwater reduction plan that is binding and mandatory
4371	4371	on some or all of the territory, persons, or wells located within
4372	4372	the authority. A groundwater reduction plan may:
4373	4373	(1) specify the measures to be taken to reduce
4374	4374	groundwater withdrawals;
4375	4375	(2) identify alternative sources of water, including
4376	4376	water from the authority, to be provided to those affected;
4377	4377	(3) identify the rates, terms, and conditions under
4378	4378	which alternative sources of water will be provided, which may be
4379	4379	changed from time to time as considered necessary by the authority;
4380	4380	(4) specify the dates and extent to which persons or
4381	4381	districts within the authority's boundaries shall reduce or cease
4382	4382	reliance on groundwater and accept water from alternative sources,
4383	4383	including water from the authority;
4384	4384	(5) include other terms and measures that are
4385	4385	consistent with the powers and duties of the authority;
4386	4386	(6) exceed the minimum requirements imposed by the
4387	4387	Harris-Galveston [Coastal] Subsidence District or Fort Bend
4388	4388	Subsidence District, as applicable, including any applicable
4389	4389	groundwater reduction requirements; and
4390	4390	(7) be amended from time to time at the discretion of
4391	4391	the authority.
4392	4392	SECTION 18.013. Section 8813.112(c), Special District
4393	4393	Local Laws Code, is amended to correct a reference to read as
4394	4394	follows:
4395	4395	(c) The authority by rule may require that the plans and
4396	4396	specifications of water lines to be constructed within the
4397	4397	authority that are designed or intended to serve more than one
4398	4398	district or more than one person owning or holding a well permit
4399	4399	issued by the Harris-Galveston [Coastal] Subsidence District or
4400	4400	Fort Bend Subsidence District, as applicable, be approved by the
4401	4401	authority before the commencement of construction of the water
4402	4402	lines.
4403	4403	SECTION 18.014. Section 8815.001(10), Special District
4404	4404	Local Laws Code, is amended to correct a reference to read as
4405	4405	follows:
4406	4406	(10) "Subsidence district" means the Harris-Galveston
4407	4407	[Coastal] Subsidence District.
4408	4408	SECTION 18.015. Section 8825.109, Special District Local
4409	4409	Laws Code, is amended to correct a reference to read as follows:
4410	4410	Sec. 8825.109. COORDINATION WITH OTHER ENTITIES. The
4411	4411	district may:
4412	4412	(1) coordinate activities with the Central
4413	4413	Carrizo-Wilcox Coordinating Council and appoint a nonvoting
4414	4414	representative to the Central Carrizo-Wilcox Coordinating Council;
4415	4415	and
4416	4416	(2) coordinate activities with the Harris-Galveston
4417	4417	[Coastal] Subsidence District or other groundwater conservation
4418	4418	districts to manage portions of the Gulf Coast Aquifer.
4419	4419	SECTION 18.016. Section 8832.001(3), Special District
4420	4420	Local Laws Code, is amended to correct a typographical error to read
4421	4421	as follows:
4422	4422	(3) "District" means the Mesquite [Mequite]
4423	4423	Groundwater Conservation District.
4424	4424	SECTION 18.017. (a) Section 8851.053, Special District
4425	4425	Local Laws Code, as effective April 1, 2013, is amended to conform
4426	4426	to Section 1, Chapter 199, Acts of the 82nd Legislature, Regular
4427	4427	Session, 2011, to read as follows:
4428	4428	Sec. 8851.053. ELECTION DATE. On the uniform election date
4429	4429	in November [May] of each even-numbered year, the appropriate
4430	4430	number of directors shall be elected.
4431	4431	(b) Section 1, Chapter 199, Acts of the 82nd Legislature,
4432	4432	Regular Session, 2011, is repealed.
4433	4433	SECTION 18.018. (a) Section 8857.053, Special District
4434	4434	Local Laws Code, as effective April 1, 2013, is amended to conform
4435	4435	to Sections 1.01 and 1.02, Chapter 1267, Acts of the 82nd
4436	4436	Legislature, Regular Session, 2011, to read as follows:
4437	4437	Sec. 8857.053. ELECTION DATE. On the uniform election date
4438	4438	in November [May] of each even-numbered year, the appropriate
4439	4439	number of directors shall be elected.
4440	4440	(b) Sections 1.01 and 1.02, Chapter 1267, Acts of the 82nd
4441	4441	Legislature, Regular Session, 2011, are repealed.
4442	4442	SECTION 18.019. (a) Sections 8857.102(b) and (c), Special
4443	4443	District Local Laws Code, as effective April 1, 2013, are amended to
4444	4444	conform to Sections 2.02 and 2.03, Chapter 1267, Acts of the 82nd
4445	4445	Legislature, Regular Session, 2011, to read as follows:
4446	4446	(b) The district may contract with other governmental
4447	4447	entities[, including a river authority in the district,] to perform
4448	4448	district functions.
4449	4449	(c) The district may not contract with a [A] river authority
4450	4450	to [that contracts with the district under Subsection (b) may]
4451	4451	perform district functions except as provided by Chapter 791,
4452	4452	Government Code [the contract].
4453	4453	(b) Sections 2.02 and 2.03, Chapter 1267, Acts of the 82nd
4454	4454	Legislature, Regular Session, 2011, are repealed.
4455	4455	SECTION 18.020. (a) Subchapter C, Chapter 8857, Special
4456	4456	District Local Laws Code, as effective April 1, 2013, is amended to
4457	4457	conform to Section 2.01, Chapter 1267, Acts of the 82nd
4458	4458	Legislature, Regular Session, 2011, by adding Section 8857.103 to
4459	4459	read as follows:
4460	4460	Sec. 8857.103. NO EMINENT DOMAIN POWER. The district may
4461	4461	not exercise the powers granted by Section 36.105, Water Code.
4462	4462	(b) Section 2.01, Chapter 1267, Acts of the 82nd
4463	4463	Legislature, Regular Session, 2011, is repealed.
4464	4464	PART B. AMENDMENTS MADE TO CONFORM TO CHANGES IN ELECTION CODE
4465	4465	SECTION 18.101. The following changes are made to conform
4466	4466	provisions of the Special District Local Laws Code, as effective
4467	4467	April 1, 2013, to Section 41.0052, Election Code, as amended by
4468	4468	Chapters 505 (H.B. 1545) and 1318 (S.B. 100), Acts of the 82nd
4469	4469	Legislature, Regular Session, 2011:
4470	4470	(1) Section 1034.051(b), Special District Local Laws
4471	4471	Code, is amended to read as follows:
4472	4472	(b) Unless four-year terms are established under Section
4473	4473	285.081, Health and Safety Code:
4474	4474	(1) directors serve staggered two-year terms; and
4475	4475	(2) an election shall be held annually on the May
4476	4476	uniform election date, or another date authorized by law, to elect
4477	4477	the appropriate number of directors.
4478	4478	(2) Section 1069.051(b), Special District Local Laws
4479	4479	Code, is amended to read as follows:
4480	4480	(b) Unless four-year terms are established under Section
4481	4481	285.081, Health and Safety Code:
4482	4482	(1) directors serve staggered two-year terms; and
4483	4483	(2) an election shall be held annually on the May
4484	4484	uniform election date, or another date authorized by law, to elect
4485	4485	the appropriate number of directors.
4486	4486	(3) Section 1074.051(c), Special District Local Laws
4487	4487	Code, is amended to read as follows:
4488	4488	(c) A directors' election to elect two directors shall be
4489	4489	held annually on the May uniform election date or another date
4490	4490	authorized by law.
4491	4491	(4) Section 1086.051(c), Special District Local Laws
4492	4492	Code, is amended to read as follows:
4493	4493	(c) A directors' election shall be held annually on the May
4494	4494	uniform election date, or another date authorized by law, to elect
4495	4495	the appropriate number of directors.
4496	4496	(5) Section 1098.051(c), Special District Local Laws
4497	4497	Code, is amended to read as follows:
4498	4498	(c) A directors' election shall be held annually on the May
4499	4499	uniform election date prescribed by Section 41.001, Election Code,
4500	4500	or another date authorized by law.
4501	4501	(6) Section 1099.051(b), Special District Local Laws
4502	4502	Code, is amended to read as follows:
4503	4503	(b) Unless four-year terms are established under Section
4504	4504	285.081, Health and Safety Code:
4505	4505	(1) directors serve staggered two-year terms with the
4506	4506	terms of two or three directors expiring each year as appropriate;
4507	4507	and
4508	4508	(2) a directors' election shall be held annually on the
4509	4509	May uniform election date, or another date authorized by law, to
4510	4510	elect the appropriate number of directors.
4511	4511	(7) Section 1100.051(b), Special District Local Laws
4512	4512	Code, is amended to read as follows:
4513	4513	(b) Unless four-year terms are established under Section
4514	4514	285.081, Health and Safety Code:
4515	4515	(1) directors serve staggered two-year terms; and
4516	4516	(2) an election shall be held annually on the May
4517	4517	uniform election date, or another date authorized by law, to elect
4518	4518	the appropriate number of directors.
4519	4519	(8) Section 1101.051(c), Special District Local Laws
4520	4520	Code, is amended to read as follows:
4521	4521	(c) An election shall be held in each even-numbered year on
4522	4522	the May uniform election date prescribed under Section 41.001,
4523	4523	Election Code, or another date authorized by law, to elect the
4524	4524	appropriate number of directors.
4525	4525	(9) Section 1102.051(b), Special District Local Laws
4526	4526	Code, is amended to read as follows:
4527	4527	(b) Unless four-year terms are established under Section
4528	4528	285.081, Health and Safety Code:
4529	4529	(1) directors serve two-year terms; and
4530	4530	(2) an election shall be held annually on the May
4531	4531	uniform election date prescribed under Section 41.001, Election
4532	4532	Code, or another date authorized by law.
4533	4533	(10) Section 1103.051(c), Special District Local Laws
4534	4534	Code, is amended to read as follows:
4535	4535	(c) An election shall be held annually on the May uniform
4536	4536	election date, or another date authorized by law, [in May of each
4537	4537	year] to elect the appropriate number of directors.
4538	4538	(11) Section 1105.051(b), Special District Local Laws
4539	4539	Code, is amended to read as follows:
4540	4540	(b) Unless four-year terms are established under Section
4541	4541	285.081, Health and Safety Code:
4542	4542	(1) directors serve staggered two-year terms with the
4543	4543	terms of three or four directors expiring each year as appropriate;
4544	4544	and
4545	4545	(2) a directors' election shall be held annually on the
4546	4546	May uniform election date or another date authorized by law.
4547	4547	(12) Section 8838.053, Special District Local Laws
4548	4548	Code, is amended to read as follows:
4549	4549	Sec. 8838.053. ELECTION DATE. Each even-numbered year, on
4550	4550	[On] the uniform election date in May or another date authorized by
4551	4551	law [of each even-numbered year], the appropriate number of
4552	4552	directors shall be elected.
4553	4553	(13) Section 8843.053, Special District Local Laws
4554	4554	Code, is amended to read as follows:
4555	4555	Sec. 8843.053. ELECTION DATE. Each year on [On] the uniform
4556	4556	election date in May or another date authorized by law [of each
4557	4557	year], the appropriate number of directors shall be elected.
4558	4558	(14) Section 8845.053, Special District Local Laws
4559	4559	Code, is amended to read as follows:
4560	4560	Sec. 8845.053. ELECTION DATE. Each even-numbered year, an
4561	4561	election shall be held on the uniform election date in May or
4562	4562	another date authorized by law to elect the appropriate number of
4563	4563	directors.
4564	4564	SECTION 18.102. Section 1102.301(d), Special District
4565	4565	Local Laws Code, as effective April 1, 2013, is repealed to conform
4566	4566	to Section 3.005, Election Code, as amended by Chapter 1318 (S.B.
4567	4567	100), Acts of the 82nd Legislature, Regular Session, 2011.
4568	4568	ARTICLE 19. CHANGES RELATING TO TAX CODE
4569	4569	SECTION 19.001. Section 25.025(a), Tax Code, as amended by
4570	4570	Chapters 348 (H.B. 3307) and 953 (H.B. 1046), Acts of the 82nd
4571	4571	Legislature, Regular Session, 2011, is reenacted and amended to
4572	4572	read as follows:
4573	4573	(a) This section applies only to:
4574	4574	(1) a current or former peace officer as defined by
4575	4575	Article 2.12, Code of Criminal Procedure;
4576	4576	(2) a county jailer as defined by Section 1701.001,
4577	4577	Occupations Code;
4578	4578	(3) an employee of the Texas Department of Criminal
4579	4579	Justice;
4580	4580	(4) a commissioned security officer as defined by
4581	4581	Section 1702.002, Occupations Code;
4582	4582	(5) a victim of family violence as defined by Section
4583	4583	71.004, Family Code, if as a result of the act of family violence
4584	4584	against the victim, the actor is convicted of a felony or a Class A
4585	4585	misdemeanor;
4586	4586	(6) a federal judge, a state judge, or the spouse of a
4587	4587	federal judge or state judge;
4588	4588	(7) a current or former employee of a district
4589	4589	attorney, criminal district attorney, or county or municipal
4590	4590	attorney whose jurisdiction includes any criminal law or child
4591	4591	protective services matters;
4592	4592	(8) an officer or employee of a community supervision
4593	4593	and corrections department established under Chapter 76,
4594	4594	Government Code, who performs a duty described by Section 76.004(b)
4595	4595	of that code;
4596	4596	(9) a criminal investigator of the United States as
4597	4597	described by Article 2.122(a), Code of Criminal Procedure;
4598	4598	(10) a police officer or inspector of the United
4599	4599	States Federal Protective Service; [and]
4600	4600	(11) a current or former United States attorney or
4601	4601	assistant United States attorney and the spouse and child of the
4602	4602	attorney; and
4603	4603	(12) [(11)] a current or former employee of the office
4604	4604	of the attorney general who is or was assigned to a division of that
4605	4605	office the duties of which involve law enforcement.
4606	4606	SECTION 19.002. Sections 25.25(g-1) and (g-2), Tax Code,
4607	4607	are amended to correct references to read as follows:
4608	4608	(g-1) In a suit filed under Subsection (g), if a hearing to
4609	4609	review and determine compliance with Section 25.26 [42.08] is
4610	4610	requested, the movant must mail notice of the hearing by certified
4611	4611	mail, return receipt requested, to the collector for each taxing
4612	4612	unit that imposes taxes on the property not later than the 45th day
4613	4613	before the date of the hearing.
4614	4614	(g-2) Regardless of whether the collector for the taxing
4615	4615	unit receives a notice under Subsection (g-1), a taxing unit that
4616	4616	imposes taxes on the property may intervene in a suit filed under
4617	4617	Subsection (g) and participate in the proceedings for the limited
4618	4618	purpose of determining whether the property owner has complied with
4619	4619	Section 25.26 [42.08]. The taxing unit is entitled to process for
4620	4620	witnesses and evidence and to be heard by the court.
4621	4621	SECTION 19.003. Section 26.012(9), Tax Code, is amended to
4622	4622	clarify a mathematical formula to read as follows:
4623	4623	(9) "Effective maintenance and operations rate" means
4624	4624	a rate expressed in dollars per $100 of taxable value and calculated
4625	4625	according to the following formula:
4626	4626	EFFECTIVE MAINTENANCE AND OPERATIONS RATE = (LAST YEAR'S
4627	4627	LEVY[)] - [(]LAST YEAR'S DEBT LEVY[)] - [(]LAST YEAR'S JUNIOR
4628	4628	COLLEGE LEVY) / (CURRENT TOTAL VALUE - NEW PROPERTY VALUE)
4629	4629	SECTION 19.004. Sections 31.031(b), (c), and (d), Tax Code,
4630	4630	are amended to correct references to read as follows:
4631	4631	(b) If the individual fails to make a payment before the
4632	4632	applicable date provided by Subsection (a-1) [(a)], the unpaid
4633	4633	amount is delinquent and incurs a penalty of six percent and
4634	4634	interest as provided by Section 33.01(c). The penalty provided by
4635	4635	Section 33.01(a) does not apply to the unpaid amount.
4636	4636	(c) An individual may pay more than the amount due for each
4637	4637	installment and the amount in excess of the amount due shall be
4638	4638	credited to the next installment. An individual may not pay less
4639	4639	than the total amount due for each installment unless the collector
4640	4640	provides for the acceptance of partial payments under this section.
4641	4641	If the collector accepts a partial payment, penalties and interest
4642	4642	are incurred only by the amount of each installment that remains
4643	4643	unpaid on the applicable date provided by Subsection (a-1) [(a)].
4644	4644	(d) If the delinquency date for taxes to which this section
4645	4645	applies is postponed to May 1 or a later date, the collector shall
4646	4646	extend each installment deadline provided by Subsection (a-1) [(a)]
4647	4647	by the number of months that the delinquency date was postponed.
4648	4648	SECTION 19.005. Section 42.01, Tax Code, as amended by
4649	4649	Chapters 322 (H.B. 2476), 771 (H.B. 1887), and 793 (H.B. 2220), Acts
4650	4650	of the 82nd Legislature, Regular Session, 2011, is reenacted and
4651	4651	amended to read as follows:
4652	4652	Sec. 42.01. RIGHT OF APPEAL BY PROPERTY OWNER. (a) A
4653	4653	property owner is entitled to appeal:
4654	4654	(1) an order of the appraisal review board
4655	4655	determining:
4656	4656	(A) a protest by the property owner as provided
4657	4657	by Subchapter C of Chapter 41;
4658	4658	(B) a determination of an appraisal review board
4659	4659	on a motion filed under Section 25.25; [or]
4660	4660	(C) a determination of an appraisal review board
4661	4661	that the property owner has forfeited the right to a final
4662	4662	determination of a motion filed under Section 25.25 or of a protest
4663	4663	under Section 41.411 for failing to comply with the prepayment
4664	4664	requirements of Section 25.26 or 41.4115, as applicable; or
4665	4665	(D) [(C)] a determination of an appraisal review
4666	4666	board of eligibility for a refund requested under Section 23.1243;
4667	4667	or
4668	4668	(2) an order of the comptroller issued as provided by
4669	4669	Subchapter B, Chapter 24, apportioning among the counties the
4670	4670	appraised value of railroad rolling stock owned by the property
4671	4671	owner.
4672	4672	(b) A property owner who establishes that the owner did not
4673	4673	forfeit the right to a final determination of a motion or of a
4674	4674	protest in an appeal under Subsection (a)(1)(C) is entitled to a
4675	4675	final determination of the court, as applicable:
4676	4676	(1) of the motion filed under Section 25.25; or
4677	4677	(2) of the protest under Section 41.411 of the failure
4678	4678	of the chief appraiser or appraisal review board to provide or
4679	4679	deliver a notice to which the property owner is entitled, and, if
4680	4680	failure to provide or deliver the notice is established, of a
4681	4681	protest made by the property owner on any other grounds of protest
4682	4682	authorized by this title relating to the property to which the
4683	4683	notice applies.
4684	4684	SECTION 19.006. Section 42.21(b), Tax Code, is amended to
4685	4685	correct a reference to read as follows:
4686	4686	(b) A petition for review brought under Section 42.02 must
4687	4687	be brought against the owner of the property involved in the
4688	4688	appeal. A petition for review brought under Section 42.031 must be
4689	4689	brought against the appraisal district and against the owner of the
4690	4690	property involved in the appeal. A petition for review brought
4691	4691	under [Subdivision (2) of] Section 42.01(a)(2) [42.01] or [under
4692	4692	Section] 42.03 must be brought against the comptroller. Any other
4693	4693	petition for review under this chapter must be brought against the
4694	4694	appraisal district. A petition for review may not be brought
4695	4695	against the appraisal review board. An appraisal district may hire
4696	4696	an attorney that represents the district to represent the appraisal
4697	4697	review board established for the district to file an answer and
4698	4698	obtain a dismissal of a suit filed against the appraisal review
4699	4699	board in violation of this subsection.
4700	4700	SECTION 19.007. Section 152.0412(j), Tax Code, is amended
4701	4701	to correct a reference to read as follows:
4702	4702	(j) The requirements of Section 501.145 [520.031],
4703	4703	Transportation Code, continue to apply to a transferee of a used
4704	4704	motor vehicle who obtains an appraisal under Subsection (d)(2), and
4705	4705	obtaining an appraisal does not modify those requirements.
4706	4706	SECTION 19.008. Section 152.043, Tax Code, is amended to
4707	4707	correct a reference to read as follows:
4708	4708	Sec. 152.043. COLLECTION OF TAX ON MOTOR VEHICLES OPERATED
4709	4709	BY NONRESIDENTS. A person doing business in this state who
4710	4710	registers a motor vehicle under Section 502.091 [502.054],
4711	4711	Transportation Code, shall pay the tax imposed by Section 152.022
4712	4712	of this code to the comptroller on or before the day the motor
4713	4713	vehicle is brought into Texas.
4714	4714	SECTION 19.009. Section 152.082, Tax Code, is amended to
4715	4715	correct a reference to read as follows:
4716	4716	Sec. 152.082. SALE OF MOTOR VEHICLE TO OR USE OF MOTOR
4717	4717	VEHICLE BY PUBLIC AGENCY. The taxes imposed by this chapter do not
4718	4718	apply to the sale of a motor vehicle to or use of a motor vehicle by
4719	4719	a public agency if the motor vehicle is operated with an exempt
4720	4720	license plate issued under Section 502.451 [502.201 or 502.206],
4721	4721	Transportation Code.
4722	4722	SECTION 19.010. Section 152.083(b), Tax Code, is amended to
4723	4723	correct a reference to read as follows:
4724	4724	(b) This exemption applies only if the person purchasing the
4725	4725	motor vehicle to be leased presents the tax assessor-collector a
4726	4726	form prescribed and provided by the comptroller and showing:
4727	4727	(1) the identification of the motor vehicle;
4728	4728	(2) the name and address of the lessor and the lessee;
4729	4729	and
4730	4730	(3) verification by an officer of the public agency to
4731	4731	which the motor vehicle will be leased that the agency will operate
4732	4732	the vehicle with an exempt license plate issued under Section
4733	4733	502.451 [502.201 or 502.206], Transportation Code.
4734	4734	SECTION 19.011. Section 152.087, Tax Code, is amended to
4735	4735	correct a reference to read as follows:
4736	4736	Sec. 152.087. FIRE TRUCKS AND EMERGENCY MEDICAL SERVICES
4737	4737	VEHICLES. The taxes imposed by this chapter do not apply to the
4738	4738	purchase, rental, or use of a fire truck, emergency medical
4739	4739	services vehicle as defined by Section 773.003, Health and Safety
4740	4740	Code, or other motor vehicle used exclusively for fire-fighting
4741	4741	purposes or for emergency medical services when purchased by:
4742	4742	(1) a volunteer fire department;
4743	4743	(2) a nonprofit emergency medical service provider
4744	4744	that receives a federal income tax exemption under Section 501(a),
4745	4745	Internal Revenue Code of 1986, as an organization described by
4746	4746	Section 501(c)(3), Internal Revenue Code of 1986; or
4747	4747	(3) an emergency medical service provider to which
4748	4748	Section 502.456 [502.204], Transportation Code, applies.
4749	4749	SECTION 19.012. Section 351.101(a), Tax Code, is amended to
4750	4750	correct a typographical error to read as follows:
4751	4751	(a) Revenue from the municipal hotel occupancy tax may be
4752	4752	used only to promote tourism and the convention and hotel industry,
4753	4753	and that use is limited to the following:
4754	4754	(1) the acquisition of sites for and the construction,
4755	4755	improvement, enlarging, equipping, repairing, operation, and
4756	4756	maintenance of convention center facilities or visitor information
4757	4757	centers, or both;
4758	4758	(2) the furnishing of facilities, personnel, and
4759	4759	materials for the registration of convention delegates or
4760	4760	registrants;
4761	4761	(3) advertising and conducting solicitations and
4762	4762	promotional programs to attract tourists and convention delegates
4763	4763	or registrants to the municipality or its vicinity;
4764	4764	(4) the encouragement, promotion, improvement, and
4765	4765	application of the arts, including instrumental and vocal music,
4766	4766	dance, drama, folk art, creative writing, architecture, design and
4767	4767	allied fields, painting, sculpture, photography, graphic and craft
4768	4768	arts, motion pictures, radio, television, tape and sound recording,
4769	4769	and other arts related to the presentation, performance, execution,
4770	4770	and exhibition of these major art forms;
4771	4771	(5) historical restoration and preservation projects
4772	4772	or activities or advertising and conducting solicitations and
4773	4773	promotional programs to encourage tourists and convention
4774	4774	delegates to visit preserved historic sites or museums:
4775	4775	(A) at or in the immediate vicinity of convention
4776	4776	center facilities or visitor information centers; or
4777	4777	(B) located elsewhere in the municipality or its
4778	4778	vicinity that would be frequented by tourists and convention
4779	4779	delegates;
4780	4780	(6) for a municipality located in a county with a
4781	4781	population of one million or less, expenses, including promotion
4782	4782	expenses, directly related to a sporting event in which the
4783	4783	majority of participants are tourists who substantially increase
4784	4784	economic activity at hotels and motels within the municipality or
4785	4785	its vicinity;
4786	4786	(7) subject to Section 351.1076, the promotion of
4787	4787	tourism by the enhancement and upgrading of existing sports
4788	4788	facilities or fields, including facilities or fields for baseball,
4789	4789	softball, soccer, and flag football, if:
4790	4790	(A) the municipality owns the facilities or
4791	4791	fields;
4792	4792	(B) the municipality:
4793	4793	(i) has a population of 80,000 or more and
4794	4794	is located in a county that has a population of 350,000 or less;
4795	4795	(ii) has a population of at least 75,000 but
4796	4796	not more than 95,000 and is located in a county that has a
4797	4797	population of less than 200,000 but more than 160,000;
4798	4798	(iii) has a population of at least 36,000
4799	4799	but not more than 39,000 and is located in a county that has a
4800	4800	population of 100,000 or less that is not adjacent to a county with
4801	4801	a population of more than two million;
4802	4802	(iv) has a population of at least 13,000 but
4803	4803	less than 39,000 and is located in a county that has a population of
4804	4804	at least 200,000;
4805	4805	(v) has a population of at least 70,000 but
4806	4806	less than 90,000 and no part of which is located in a county with a
4807	4807	population greater than 150,000;
4808	4808	(vi) is located in a county that:
4809	4809	(a) is adjacent to the Texas-Mexico
4810	4810	border;
4811	4811	(b) has a population of at least
4812	4812	500,000; and
4813	4813	(c) does not have a municipality with
4814	4814	a population greater than 500,000; or
4815	4815	(vii) has a population of at least 25,000
4816	4816	but not more than [that] 26,000 and is located in a county that has a
4817	4817	population of 90,000 or less; and
4818	4818	(C) the sports facilities and fields have been
4819	4819	used, in the preceding calendar year, a combined total of more than
4820	4820	10 times for district, state, regional, or national sports
4821	4821	tournaments;
4822	4822	(8) for a municipality with a population of at least
4823	4823	70,000 but less than 90,000, no part of which is located in a county
4824	4824	with a population greater than 150,000, the construction,
4825	4825	improvement, enlarging, equipping, repairing, operation, and
4826	4826	maintenance of a coliseum or multiuse facility;
4827	4827	(9) signage directing the public to sights and
4828	4828	attractions that are visited frequently by hotel guests in the
4829	4829	municipality;
4830	4830	(10) the construction of a recreational venue in the
4831	4831	immediate vicinity of area hotels, if:
4832	4832	(A) the municipality:
4833	4833	(i) is a general-law municipality;
4834	4834	(ii) has a population of not more than 900;
4835	4835	and
4836	4836	(iii) does not impose an ad valorem tax;
4837	4837	(B) not more than $100,000 of municipal hotel
4838	4838	occupancy tax revenue is used for the construction of the
4839	4839	recreational venue;
4840	4840	(C) a majority of the hotels in the municipality
4841	4841	request the municipality to construct the recreational venue;
4842	4842	(D) the recreational venue will be used primarily
4843	4843	by hotel guests; and
4844	4844	(E) the municipality will pay for maintenance of
4845	4845	the recreational venue from the municipality's general fund;
4846	4846	(11) the construction, improvement, enlarging,
4847	4847	equipping, repairing, operation, and maintenance of a coliseum or
4848	4848	multiuse facility, if the municipality:
4849	4849	(A) has a population of at least 90,000 but less
4850	4850	than 120,000; and
4851	4851	(B) is located in two counties, at least one of
4852	4852	which contains the headwaters of the San Gabriel River; and
4853	4853	(12) for a municipality with a population of more than
4854	4854	175,000 but less than 225,000 that is located in two counties, each
4855	4855	of which has a population of less than 200,000, the construction,
4856	4856	improvement, enlarging, equipping, repairing, operation, and
4857	4857	maintenance of a coliseum or multiuse facility and related
4858	4858	infrastructure or a venue, as defined by Section 334.001(4), Local
4859	4859	Government Code, that is related to the promotion of tourism.
4860	4860	ARTICLE 20. CHANGES RELATING TO TRANSPORTATION CODE
4861	4861	SECTION 20.001. (a) Section 222.107(h), Transportation
4862	4862	Code, as amended by Chapters 475 (H.B. 563) and 1345 (S.B. 1420),
4863	4863	Acts of the 82nd Legislature, Regular Session, 2011, is reenacted
4864	4864	to read as follows:
4865	4865	(h) The commissioners court may:
4866	4866	(1) from taxes collected on property in a zone, pay
4867	4867	into a tax increment account for the zone an amount equal to the tax
4868	4868	increment produced by the county less any amounts allocated under
4869	4869	previous agreements, including agreements under Section 381.004,
4870	4870	Local Government Code, or Chapter 312, Tax Code;
4871	4871	(2) by order or resolution enter into an agreement
4872	4872	with the owner of any real property located in the transportation
4873	4873	reinvestment zone to abate all or a portion of the ad valorem taxes
4874	4874	or to grant other relief from the taxes imposed by the county on the
4875	4875	owner's property in an amount not to exceed the amount calculated
4876	4876	under Subsection (a)(1) for that year;
4877	4877	(3) by order or resolution elect to abate all or a
4878	4878	portion of the ad valorem taxes imposed by the county on all real
4879	4879	property in a zone; or
4880	4880	(4) grant other relief from ad valorem taxes on
4881	4881	property in a zone.
4882	4882	(b) Section 222.107(h-1), Transportation Code, as added by
4883	4883	Chapter 1345 (S.B. 1420), Acts of the 82nd Legislature, Regular
4884	4884	Session, 2011, is reenacted and amended to conform to Section
4885	4885	222.107(h), Transportation Code, as amended by Chapter 475 (H.B.
4886	4886	563), Acts of the 82nd Legislature, Regular Session, 2011, to read
4887	4887	as follows:
4888	4888	(h-1) All abatements or other relief granted by the
4889	4889	commissioners court in a transportation reinvestment zone must be
4890	4890	equal in rate. In any ad valorem tax year, the total amount of the
4891	4891	taxes abated or the total amount of relief granted under this
4892	4892	section may not exceed the amount calculated under Subsection
4893	4893	(a)(1) for that year, less any amounts allocated under previous
4894	4894	agreements, including agreements under Chapter 381 [Section
4895	4895	381.004], Local Government Code, or Chapter 312, Tax Code.
4896	4896	SECTION 20.002. Section 228.055(e), Transportation Code,
4897	4897	is amended to correct a reference to read as follows:
4898	4898	(e) It is an exception to the application of Subsection (a)
4899	4899	or (c) if the registered owner of the vehicle transferred ownership
4900	4900	of the vehicle to another person before the event of nonpayment
4901	4901	under Section 228.054 occurred or before the date the vehicle was
4902	4902	driven or towed through a toll collection facility that results in a
4903	4903	notice issued under Section 228.0545, submitted written notice of
4904	4904	the transfer to the department in accordance with Section 501.147
4905	4905	[520.023], and, before the 30th day after the date the notice of
4906	4906	nonpayment is mailed, provides to the department the name and
4907	4907	address of the person to whom the vehicle was transferred. If the
4908	4908	former owner of the vehicle provides the required information
4909	4909	within the period prescribed, the department may send a notice of
4910	4910	nonpayment to the person to whom ownership of the vehicle was
4911	4911	transferred at the address provided by the former owner by first
4912	4912	class mail before the 30th day after the date of receipt of the
4913	4913	required information from the former owner. The department may
4914	4914	send all subsequent notices of nonpayment associated with the
4915	4915	vehicle to the person to whom ownership of the vehicle was
4916	4916	transferred at the address provided by the former owner or an
4917	4917	alternate address provided by the subsequent owner or derived
4918	4918	through other reliable means. The subsequent owner of the vehicle
4919	4919	for which the proper toll was not paid who is mailed a written
4920	4920	notice of nonpayment under this subsection and fails to pay the
4921	4921	proper toll and administrative fee within the time specified by the
4922	4922	notice of nonpayment commits an offense. The subsequent owner
4923	4923	shall pay a separate toll and administrative fee for each event of
4924	4924	nonpayment under Section 228.054 or 228.0545. Each failure to pay
4925	4925	a toll or administrative fee under this subsection is a separate
4926	4926	offense.
4927	4927	SECTION 20.003. Section 284.0701(e), Transportation Code,
4928	4928	is amended to correct a reference to read as follows:
4929	4929	(e) It is an exception to the application of Subsection (a)
4930	4930	or (c) if the registered owner of the vehicle transferred ownership
4931	4931	of the vehicle to another person before the event of nonpayment
4932	4932	under Section 284.070 occurred, submitted written notice of the
4933	4933	transfer to the Texas Department of Motor Vehicles in accordance
4934	4934	with Section 501.147 [520.023], and before the 30th day after the
4935	4935	date the notice of nonpayment is mailed, provides to the county the
4936	4936	name and address of the person to whom the vehicle was
4937	4937	transferred. If the former owner of the vehicle provides the
4938	4938	required information within the period prescribed, the county may
4939	4939	send a notice of nonpayment to the person to whom ownership of the
4940	4940	vehicle was transferred at the address provided by the former owner
4941	4941	by first-class mail before the 30th day after the date of receipt of
4942	4942	the required information from the former owner. The subsequent
4943	4943	owner of the vehicle for which the proper toll was not paid who is
4944	4944	mailed a written notice of nonpayment under this subsection and
4945	4945	fails to pay the proper toll and administrative cost within the time
4946	4946	specified by the notice of nonpayment commits an offense. The
4947	4947	subsequent owner shall pay a separate toll and administrative cost
4948	4948	for each event of nonpayment under Section 284.070. Each failure
4949	4949	to pay a toll or administrative cost under this subsection is a
4950	4950	separate offense.
4951	4951	SECTION 20.004. Section 370.177(f), Transportation Code,
4952	4952	is amended to correct a reference to read as follows:
4953	4953	(f) It is an exception to the application of Subsection (b)
4954	4954	or (d) that the registered owner of the vehicle transferred
4955	4955	ownership of the vehicle to another person before the event of
4956	4956	nonpayment under Subsection (a) occurred, submitted written notice
4957	4957	of the transfer to the department in accordance with Section
4958	4958	501.147 [520.023], and before the 30th day after the date the notice
4959	4959	of nonpayment is mailed, provides to the authority the name and
4960	4960	address of the person to whom the vehicle was transferred. If the
4961	4961	former owner of the vehicle provides the required information
4962	4962	within the period prescribed, the authority may send a notice of
4963	4963	nonpayment to the person to whom ownership of the vehicle was
4964	4964	transferred at the address provided by the former owner by first
4965	4965	class mail before the 30th day after the date of receipt of the
4966	4966	required information from the former owner. The subsequent owner
4967	4967	of the vehicle for which the proper toll was not paid who is mailed a
4968	4968	written notice of nonpayment under this subsection and fails to pay
4969	4969	the proper toll and administrative fee within the time specified by
4970	4970	the notice of nonpayment commits an offense. The subsequent owner
4971	4971	shall pay a separate toll and administrative fee for each event of
4972	4972	nonpayment under Subsection (a). Each failure to pay a toll or
4973	4973	administrative fee under this subsection is a separate offense.
4974	4974	SECTION 20.005. Section 370.314(b), Transportation Code,
4975	4975	as amended by Chapter 1129 (H.B. 628), Acts of the 82nd Legislature,
4976	4976	Regular Session, 2011, is repealed to conform to the repeal of
4977	4977	Section 370.314, Transportation Code, by Chapter 1345 (S.B. 1420),
4978	4978	Acts of the 82nd Legislature, Regular Session, 2011.
4979	4979	SECTION 20.006. Section 372.052, Transportation Code, is
4980	4980	amended to correct a reference to read as follows:
4981	4981	Sec. 372.052. VEHICLES USED BY NONPROFIT DISASTER RELIEF
4982	4982	ORGANIZATIONS. A toll project entity may not require a vehicle
4983	4983	registered under Section 502.454 [502.203] to pay a toll for the use
4984	4984	of a toll project.
4985	4985	SECTION 20.007. Section 501.0925(j), Transportation Code,
4986	4986	is amended to correct a reference to read as follows:
4987	4987	(j) Section 501.1001(c) applies [Sections 501.092(c), (d),
4988	4988	and (e) apply] to a motor vehicle acquired by an insurance company
4989	4989	as described in Subsection (a), (c), or (f).
4990	4990	SECTION 20.008. Sections 501.1001(c) and (d),
4991	4991	Transportation Code, as redesignated from Sections 501.092(c) and
4992	4992	(d), Transportation Code, by Chapter 1296 (H.B. 2357), Acts of the
4993	4993	82nd Legislature, Regular Session, 2011, are reenacted to
4994	4994	incorporate amendments to Sections 501.092(c) and (d),
4995	4995	Transportation Code, made by Chapters 1136 (H.B. 1422) and 1296
4996	4996	(H.B. 2357), Acts of the 82nd Legislature, Regular Session, 2011,
4997	4997	to read as follows:
4998	4998	(c) An insurance company or other person who acquires
4999	4999	ownership of a motor vehicle other than a nonrepairable or salvage
5000	5000	motor vehicle may voluntarily and on proper application obtain a
5001	5001	salvage vehicle title, salvage record of title, nonrepairable
5002	5002	vehicle title, or nonrepairable record of title for the vehicle.
5003	5003	(d) This subsection applies only to a motor vehicle in this
5004	5004	state that is a self-insured motor vehicle and that is damaged to
5005	5005	the extent it becomes a nonrepairable or salvage motor vehicle. The
5006	5006	owner of a motor vehicle to which this subsection applies shall
5007	5007	submit to the department before the 31st business day after the date
5008	5008	of the damage, in a manner prescribed by the department, a statement
5009	5009	that the motor vehicle was self-insured and damaged. When the owner
5010	5010	submits a report, the owner shall surrender the ownership document
5011	5011	and apply for a nonrepairable vehicle title, nonrepairable record
5012	5012	of title, salvage vehicle title, or salvage record of title.
5013	5013	SECTION 20.009. Section 502.1585(b), Transportation Code,
5014	5014	is amended to correct a reference to read as follows:
5015	5015	(b) Notwithstanding Section 502.044 [502.158], the owner of
5016	5016	a motor vehicle or a trailer may designate an initial or a renewal
5017	5017	registration period for that vehicle so that the registration
5018	5018	period for the vehicle or trailer expires on the same date as the
5019	5019	registration period for another vehicle or trailer previously
5020	5020	registered by that owner.
5021	5021	SECTION 20.010. Section 502.168, Transportation Code, is
5022	5022	amended to correct a reference to read as follows:
5023	5023	Sec. 502.168. FEE: MOTOR BUS. The fee for a registration
5024	5024	year for registration of a motor bus is the fee prescribed by
5025	5025	Section 502.252 [502.161] or 502.253 [502.162], as applicable.
5026	5026	SECTION 20.011. Section 502.405(b), Transportation Code,
5027	5027	as redesignated from Section 502.1745(b), Transportation Code, by
5028	5028	Chapter 1296 (H.B. 2357), Acts of the 82nd Legislature, Regular
5029	5029	Session, 2011, is reenacted to incorporate amendments to Section
5030	5030	502.1745(b), Transportation Code, made by Chapters 554 (H.B. 2904)
5031	5031	and 1296 (H.B. 2357), Acts of the 82nd Legislature, Regular
5032	5032	Session, 2011, to read as follows:
5033	5033	(b) A person may elect to pay an additional fee of $1 for the
5034	5034	registration or renewal of registration of a motor vehicle to pay
5035	5035	the costs of the Glenda Dawson Donate Life-Texas Registry
5036	5036	established under Chapter 692A, Health and Safety Code.
5037	5037	Notwithstanding any other provision of this chapter, all fees
5038	5038	collected under this subsection shall be remitted to the
5039	5039	comptroller, who shall maintain the identity of the source of the
5040	5040	fees.
5041	5041	SECTION 20.012. Section 502.407(b), Transportation Code,
5042	5042	is amended to correct a reference to read as follows:
5043	5043	(b) A justice of the peace or municipal court judge having
5044	5044	jurisdiction of the offense may:
5045	5045	(1) dismiss a charge of driving with an expired motor
5046	5046	vehicle registration if the defendant:
5047	5047	(A) remedies the defect not later than the 20th
5048	5048	working day after the date of the offense or before the defendant's
5049	5049	first court appearance date, whichever is later; and
5050	5050	(B) establishes that the fee prescribed by
5051	5051	Section 502.045 [502.176] has been paid; and
5052	5052	(2) assess an administrative fee not to exceed $20
5053	5053	when the charge is dismissed.
5054	5054	SECTION 20.013. Section 502.410(b), Transportation Code,
5055	5055	is amended to correct references to read as follows:
5056	5056	(b) Subsection (a) does not apply to a statement or
5057	5057	application filed or given under Section 502.060, 502.092, 502.093,
5058	5058	502.094, 502.095, [502.184, 502.352, 502.353, 502.354, 502.355,]
5059	5059	504.201, [504.411, or] 504.508, or 504.515.
5060	5060	SECTION 20.014. Section 502.491, Transportation Code, as
5061	5061	redesignated from Section 502.451, Transportation Code, by Chapter
5062	5062	1296 (H.B. 2357), Acts of the 82nd Legislature, Regular Session,
5063	5063	2011, is reenacted to incorporate amendments to Section 502.451,
5064	5064	Transportation Code, made by Chapters 432 (S.B. 1057) and 1296
5065	5065	(H.B. 2357), Acts of the 82nd Legislature, Regular Session, 2011,
5066	5066	and amended to read as follows:
5067	5067	Sec. 502.491. TRANSFER OF VEHICLE REGISTRATION. (a) On the
5068	5068	sale or transfer of a motor vehicle, the registration insignia
5069	5069	issued for the motor vehicle shall be removed. The registration
5070	5070	period remaining at the time of sale or transfer expires at the time
5071	5071	of sale or transfer.
5072	5072	[(a-1) On the sale of a used motor vehicle by a dealer, the
5073	5073	dealer shall issue to the buyer new registration documents for an
5074	5074	entire registration year.]
5075	5075	(b) On a sale or transfer of a motor vehicle in which neither
5076	5076	party holds a general distinguishing number issued under Chapter
5077	5077	503, the part of the registration period remaining at the time of
5078	5078	the sale or transfer shall continue with the vehicle being sold or
5079	5079	transferred and does not transfer with the license plates or
5080	5080	registration validation insignia. To continue the remainder of the
5081	5081	registration period, the purchaser or transferee must file the
5082	5082	documents required under Section 501.145.
5083	5083	(c) On the sale or transfer of a motor vehicle to a dealer,
5084	5084	as defined by Section 503.001, who holds a general distinguishing
5085	5085	number issued under Chapter 503, the registration period remaining
5086	5086	at the time of the sale or transfer expires at the time of the sale
5087	5087	or transfer. On the sale of a used motor vehicle by a dealer, the
5088	5088	dealer shall issue to the buyer new registration documents for an
5089	5089	entire registration year.
5090	5090	SECTION 20.015. Section 520.006(a-1), Transportation Code,
5091	5091	as added by Chapters 1290 (H.B. 2017) and 1296 (H.B. 2357), Acts of
5092	5092	the 82nd Legislature, Regular Session, 2011, is reenacted to read
5093	5093	as follows:
5094	5094	(a-1) A county assessor-collector collecting fees on behalf
5095	5095	of a county that has been declared as a disaster area for purposes
5096	5096	of Section 501.023 or 502.040 may retain the commission for fees
5097	5097	collected, but shall allocate the fees to the county declared as a
5098	5098	disaster area.
5099	5099	SECTION 20.016. Sections 521.057(a) and (b),
5100	5100	Transportation Code, are amended to update references to read as
5101	5101	follows:
5102	5102	(a) On receipt of a court order issued under Article 42.016,
5103	5103	Code of Criminal Procedure, the department shall ensure that any
5104	5104	driver's license record or personal identification certificate
5105	5105	record maintained by the department for the person includes an
5106	5106	indication that the person is subject to the registration
5107	5107	requirements of Chapter 62, Code of Criminal Procedure[, as added
5108	5108	by Chapter 668, Acts of the 75th Legislature, Regular Session,
5109	5109	1997].
5110	5110	(b) The department shall include the indication required by
5111	5111	Subsection (a) in any driver's license record or personal
5112	5112	identification certificate record maintained by the department for
5113	5113	the person until the expiration of the person's duty to register
5114	5114	under Chapter 62, Code of Criminal Procedure[, as added by Chapter
5115	5115	668, Acts of the 75th Legislature, Regular Session, 1997].
5116	5116	SECTION 20.017. Section 521.082(b), Transportation Code,
5117	5117	is amended to correct a reference to read as follows:
5118	5118	(b) For the purposes of Subsection (a)(3), seating capacity
5119	5119	is computed in accordance with Section 502.253 [502.162], except
5120	5120	that the operator's seat is included in the computation.
5121	5121	SECTION 20.018. Section 521.295(a), Transportation Code,
5122	5122	is amended to correct a reference to read as follows:
5123	5123	(a) If the department suspends a person's license under
5124	5124	Section 521.292 or revokes a person's license under Section 521.294
5125	5125	[or 521.2965], the department shall send a notice of suspension or
5126	5126	revocation by first class mail to the person's address in the
5127	5127	records of the department.
5128	5128	SECTION 20.019. Section 521.3465(a), Transportation Code,
5129	5129	is amended to correct a reference to read as follows:
5130	5130	(a) A license is automatically suspended on final
5131	5131	conviction of the license holder of:
5132	5132	(1) an offense under Section 502.475(a)(4)
5133	5133	[502.409(a)(4)]; or
5134	5134	(2) an offense under Section 548.603(a)(1) that
5135	5135	involves a fictitious safety inspection certificate.
5136	5136	SECTION 20.020. Section 545.353(h-2), Transportation Code,
5137	5137	is amended to update a reference to read as follows:
5138	5138	(h-2) Notwithstanding Section 545.352(b)[, as amended by
5139	5139	Chapters 663 (H.B. 385) and 739 (H.B. 1075), Acts of the 76th
5140	5140	Legislature, Regular Session, 1999], the commission may establish a
5141	5141	speed limit not to exceed 85 miles per hour on a part of the state
5142	5142	highway system if:
5143	5143	(1) that part of the highway system is designed to
5144	5144	accommodate travel at that established speed or a higher speed; and
5145	5145	(2) the commission determines, after an engineering
5146	5146	and traffic investigation, that the established speed limit is
5147	5147	reasonable and safe for that part of the highway system.
5148	5148	SECTION 20.021. Section 545.413(e), Transportation Code,
5149	5149	is amended to correct a reference to read as follows:
5150	5150	(e) It is a defense to prosecution under this section that:
5151	5151	(1) the person possesses a written statement from a
5152	5152	licensed physician stating that for a medical reason the person
5153	5153	should not wear a safety belt;
5154	5154	(2) the person presents to the court, not later than
5155	5155	the 10th day after the date of the offense, a statement from a
5156	5156	licensed physician stating that for a medical reason the person
5157	5157	should not wear a safety belt;
5158	5158	(3) the person is employed by the United States Postal
5159	5159	Service and performing a duty for that agency that requires the
5160	5160	operator to service postal boxes from a vehicle or that requires
5161	5161	frequent entry into and exit from a vehicle;
5162	5162	(4) the person is engaged in the actual delivery of
5163	5163	newspapers from a vehicle or is performing newspaper delivery
5164	5164	duties that require frequent entry into and exit from a vehicle;
5165	5165	(5) the person is employed by a public or private
5166	5166	utility company and is engaged in the reading of meters or
5167	5167	performing a similar duty for that company requiring the operator
5168	5168	to frequently enter into and exit from a vehicle;
5169	5169	(6) the person is operating a commercial vehicle
5170	5170	registered as a farm vehicle under the provisions of Section
5171	5171	502.433 [502.163] that does not have a gross weight, registered
5172	5172	weight, or gross weight rating of 48,000 pounds or more; or
5173	5173	(7) the person is the operator of or a passenger in a
5174	5174	vehicle used exclusively to transport solid waste and performing
5175	5175	duties that require frequent entry into and exit from the vehicle.
5176	5176	SECTION 20.022. Section 547.304(a), Transportation Code,
5177	5177	is amended to correct a reference to read as follows:
5178	5178	(a) A provision of this chapter that requires a vehicle to
5179	5179	be equipped with fixed electric lights does not apply to a farm
5180	5180	trailer or fertilizer trailer registered under Section 502.146
5181	5181	[504.504] or a boat trailer with a gross weight of 3,000 pounds or
5182	5182	less if the trailer is not operated at a time or under a condition
5183	5183	specified by Section 547.302(a).
5184	5184	SECTION 20.023. Section 621.002(a), Transportation Code,
5185	5185	is amended to correct a reference to read as follows:
5186	5186	(a) A copy of the registration receipt issued under Section
5187	5187	502.057 [502.178] for a commercial motor vehicle, truck-tractor,
5188	5188	trailer, or semitrailer shall be:
5189	5189	(1) carried on the vehicle when the vehicle is on a
5190	5190	public highway; and
5191	5191	(2) presented to an officer authorized to enforce this
5192	5192	chapter on request of the officer.
5193	5193	SECTION 20.024. Section 621.102, Transportation Code, as
5194	5194	amended by Chapters 571 (H.B. 3309) and 1345 (S.B. 1420), Acts of
5195	5195	the 82nd Legislature, Regular Session, 2011, is reenacted to read
5196	5196	as follows:
5197	5197	Sec. 621.102. AUTHORITY TO SET MAXIMUM WEIGHTS. (a) The
5198	5198	executive director of the Texas Department of Transportation may
5199	5199	set the maximum single axle weight, tandem axle weight, or gross
5200	5200	weight of a vehicle, or maximum single axle weight, tandem axle
5201	5201	weight, or gross weight of a combination of vehicles and loads, that
5202	5202	may be moved over a state highway or a farm or ranch road if the
5203	5203	executive director finds that heavier maximum weight would rapidly
5204	5204	deteriorate or destroy the road or a bridge or culvert along the
5205	5205	road. A maximum weight set under this subsection may not exceed
5206	5206	the maximum set by statute for that weight.
5207	5207	(b) The executive director of the Texas Department of
5208	5208	Transportation must make the finding under this section on an
5209	5209	engineering and traffic investigation and in making the finding
5210	5210	shall consider the width, condition, and type of pavement
5211	5211	structures and other circumstances on the road.
5212	5212	(c) A maximum weight or load set under this section becomes
5213	5213	effective on a highway or road when appropriate signs giving notice
5214	5214	of the maximum weight or load are erected on the highway or road by
5215	5215	the Texas Department of Transportation.
5216	5216	(d) A vehicle operating under a permit issued under Section
5217	5217	623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192, or
5218	5218	623.212 may operate under the conditions authorized by the permit
5219	5219	over a road for which the executive director of the Texas Department
5220	5220	of Transportation has set a maximum weight under this section.
5221	5221	(e) For the purpose of this section, a farm or ranch road is
5222	5222	a state highway that is shown in the records of the commission to be
5223	5223	a farm-to-market or ranch-to-market road.
5224	5224	(f) This section does not apply to a vehicle delivering
5225	5225	groceries, farm products, or liquefied petroleum gas.
5226	5226	SECTION 20.025. Section 622.074, Transportation Code, is
5227	5227	amended to correct a reference to read as follows:
5228	5228	Sec. 622.074. NONAPPLICABILITY OF SUBCHAPTER. This
5229	5229	subchapter does not apply to:
5230	5230	(1) farm equipment used for a purpose other than
5231	5231	construction;
5232	5232	(2) special mobile equipment owned by a dealer or
5233	5233	distributor;
5234	5234	(3) a vehicle used to propel special mobile equipment
5235	5235	that is registered as a farm vehicle as defined by Section 502.433
5236	5236	[502.163]; or
5237	5237	(4) equipment while being used by a commercial hauler
5238	5238	to transport special mobile equipment under hire of a person who
5239	5239	derives $500 in gross receipts annually from a farming or ranching
5240	5240	enterprise.
5241	5241	SECTION 20.026. Section 622.901, Transportation Code, is
5242	5242	amended to correct a reference to read as follows:
5243	5243	Sec. 622.901. WIDTH EXCEPTIONS. The width limitation
5244	5244	provided by Section 621.201 does not apply to:
5245	5245	(1) highway building or maintenance machinery that is
5246	5246	traveling:
5247	5247	(A) during daylight on a public highway other
5248	5248	than a highway that is part of the national system of interstate and
5249	5249	defense highways; or
5250	5250	(B) for not more than 50 miles on a highway that
5251	5251	is part of the national system of interstate and defense highways;
5252	5252	(2) a vehicle traveling during daylight on a public
5253	5253	highway other than a highway that is part of the national system of
5254	5254	interstate and defense highways or traveling for not more than 50
5255	5255	miles on a highway that is part of the national system of interstate
5256	5256	and defense highways if the vehicle is:
5257	5257	(A) a farm tractor or implement of husbandry; or
5258	5258	(B) a vehicle on which a farm tractor or
5259	5259	implement of husbandry, other than a tractor or implement being
5260	5260	transported from one dealer to another, is being moved by the owner
5261	5261	of the tractor or implement or by an agent or employee of the owner:
5262	5262	(i) to deliver the tractor or implement to a
5263	5263	new owner;
5264	5264	(ii) to transport the tractor or implement
5265	5265	to or from a mechanic for maintenance or repair; or
5266	5266	(iii) in the course of an agricultural
5267	5267	operation;
5268	5268	(3) machinery that is used solely for drilling water
5269	5269	wells, including machinery that is a unit or a unit mounted on a
5270	5270	conventional vehicle or chassis, and that is traveling:
5271	5271	(A) during daylight on a public highway other
5272	5272	than a highway that is part of the national system of interstate and
5273	5273	defense highways; or
5274	5274	(B) for not more than 50 miles on a highway that
5275	5275	is part of the national system of interstate and defense highways;
5276	5276	(4) a vehicle owned or operated by a public, private,
5277	5277	or volunteer fire department;
5278	5278	(5) a vehicle registered under Section 502.431
5279	5279	[502.164]; or
5280	5280	(6) a recreational vehicle to which Section 622.903
5281	5281	applies.
5282	5282	SECTION 20.027. Section 623.144, Transportation Code, is
5283	5283	amended to correct a reference to read as follows:
5284	5284	Sec. 623.144. REGISTRATION OF VEHICLE. A permit under this
5285	5285	subchapter may be issued only if the vehicle is registered under
5286	5286	Chapter 502 for the maximum gross weight applicable to the vehicle
5287	5287	under Section 621.101 or has the distinguishing license plates as
5288	5288	provided by Section 502.146 [504.504] if applicable to the vehicle.
5289	5289	SECTION 20.028. Section 623.149(a), Transportation Code,
5290	5290	is amended to correct a reference to read as follows:
5291	5291	(a) The department may establish criteria to determine
5292	5292	whether oil well servicing, oil well clean out, or oil well drilling
5293	5293	machinery or equipment is subject to registration under Chapter 502
5294	5294	or eligible for the distinguishing license plate provided by
5295	5295	Section 502.146 [504.504].
5296	5296	SECTION 20.029. Section 623.194, Transportation Code, is
5297	5297	amended to correct a reference to read as follows:
5298	5298	Sec. 623.194. REGISTRATION OF VEHICLE. A permit under this
5299	5299	subchapter may be issued only if the vehicle to be moved is
5300	5300	registered under Chapter 502 for the maximum gross weight
5301	5301	applicable to the vehicle under Section 621.101 or has the
5302	5302	distinguishing license plates as provided by Section 502.146
5303	5303	[504.504] if applicable to the vehicle.
5304	5304	SECTION 20.030. Section 623.199(a), Transportation Code,
5305	5305	is amended to correct a reference to read as follows:
5306	5306	(a) The department may establish criteria to determine
5307	5307	whether an unladen lift equipment motor vehicle that because of its
5308	5308	design for use as lift equipment exceeds the maximum weight and
5309	5309	width limitations prescribed by statute is subject to registration
5310	5310	under Chapter 502 or eligible for the distinguishing license plate
5311	5311	provided by Section 502.146 [504.504].
5312	5312	SECTION 20.031. Section 642.003, Transportation Code, is
5313	5313	amended to correct references to read as follows:
5314	5314	Sec. 642.003. NONAPPLICABILITY. Section 642.002 does not
5315	5315	apply to a commercial motor vehicle, road-tractor, or truck-tractor
5316	5316	that is:
5317	5317	(1) registered under Section 502.433 [502.163];
5318	5318	(2) required to be registered under Section 113.131,
5319	5319	Natural Resources Code;
5320	5320	(3) operated in private carriage that is subject to
5321	5321	Title 49, Code of Federal Regulations, Part 390.21 [397.21];
5322	5322	(4) operated under the direct control, supervision, or
5323	5323	authority of a public utility, as recognized by the legislature,
5324	5324	that is otherwise visibly marked; or
5325	5325	(5) transporting timber products in their natural
5326	5326	state from first point of production or harvest to first point of
5327	5327	processing.
5328	5328	SECTION 20.032. Section 648.051(b), Transportation Code,
5329	5329	is amended to correct a reference to read as follows:
5330	5330	(b) This subchapter supersedes that portion of any paired
5331	5331	city, paired state, or similar understanding governing foreign
5332	5332	commercial motor vehicles or motor carriers entered into under
5333	5333	Section 502.091 [502.054] or any other law.
5334	5334	SECTION 20.033. Section 1001.101(2), Transportation Code,
5335	5335	is amended to correct a reference to read as follows:
5336	5336	(2) "License" includes:
5337	5337	(A) a motor carrier registration issued under
5338	5338	Chapter 643;
5339	5339	(B) a motor vehicle dealer, salvage dealer,
5340	5340	manufacturer, distributor, representative, converter, or agent
5341	5341	license issued by the department;
5342	5342	(C) specially designated or specialized license
5343	5343	plates issued under Chapter 504; and
5344	5344	(D) an apportioned registration issued according
5345	5345	to the International Registration Plan under Section 502.091
5346	5346	[502.054].
5347	5347	ARTICLE 21. CHANGES RELATING TO WATER CODE
5348	5348	SECTION 21.001. The heading to Section 5.178, Water Code,
5349	5349	is amended to read as follows:
5350	5350	Sec. 5.178. [ANNUAL REPORTS;] BIENNIAL REPORTS
5351	5351	[APPENDICES].
5352	5352	SECTION 21.002. Section 36.121, Water Code, as amended by
5353	5353	Chapters 1042 (H.B. 3109) and 1163 (H.B. 2702), Acts of the 82nd
5354	5354	Legislature, Regular Session, 2011, is reenacted to read as
5355	5355	follows:
5356	5356	Sec. 36.121. LIMITATION ON RULEMAKING POWER OF DISTRICTS
5357	5357	OVER WELLS IN CERTAIN COUNTIES. Except as provided by Section
5358	5358	36.117, a district that is created under this chapter on or after
5359	5359	September 1, 1991, shall exempt from regulation under this chapter
5360	5360	a well and any water produced or to be produced by a well that is
5361	5361	located in a county that has a population of 14,000 or less if the
5362	5362	water is to be used solely to supply a municipality that has a
5363	5363	population of 121,000 or less and the rights to the water produced
5364	5364	from the well are owned by a political subdivision that is not a
5365	5365	municipality, or by a municipality that has a population of 115,000
5366	5366	or less, and that purchased, owned, or held rights to the water
5367	5367	before the date on which the district was created, regardless of the
5368	5368	date the well is drilled or the water is produced. The district may
5369	5369	not prohibit the political subdivision or municipality from
5370	5370	transporting produced water inside or outside the district's
5371	5371	boundaries.
5372	5372	SECTION 21.003. Section 36.205(e), Water Code, is amended
5373	5373	to correct a reference to read as follows:
5374	5374	(e) Subsection (c) does not apply to the following
5375	5375	districts:
5376	5376	(1) the Edwards Aquifer Authority;
5377	5377	(2) the Fort Bend Subsidence District;
5378	5378	(3) the Harris-Galveston [Coastal] Subsidence
5379	5379	District;
5380	5380	(4) the Barton Springs-Edwards Aquifer Conservation
5381	5381	District; or
5382	5382	(5) any district that collects a property tax and that
5383	5383	was created before September 1, 1999, unless otherwise authorized
5384	5384	by special law.
5385	5385	SECTION 21.004. Section 49.181(h), Water Code, as amended
5386	5386	by Chapters 36 (S.B. 914) and 156 (H.B. 1901), Acts of the 82nd
5387	5387	Legislature, Regular Session, 2011, is reenacted and amended to
5388	5388	read as follows:
5389	5389	(h) This section does not apply to:
5390	5390	(1) a district if:
5391	5391	(A) the district's boundaries include one entire
5392	5392	county;
5393	5393	(B) the district was created by a special Act of
5394	5394	the legislature and:
5395	5395	(i) the district is located entirely within
5396	5396	one county;
5397	5397	(ii) the district is located entirely
5398	5398	within one or more home-rule municipalities;
5399	5399	(iii) the total taxable value of the real
5400	5400	property and improvements to the real property zoned by one or more
5401	5401	home-rule municipalities for residential purposes and located
5402	5402	within the district does not exceed 25 percent of the total taxable
5403	5403	value of all taxable property in the district, as shown by the most
5404	5404	recent certified appraisal tax roll prepared by the appraisal
5405	5405	district for the county; and
5406	5406	(iv) the district was not required by law to
5407	5407	obtain commission approval of its bonds before the effective date
5408	5408	of this section;
5409	5409	(C) the district is a special water authority;
5410	5410	(D) the district is governed by a board of
5411	5411	directors appointed in whole or in part by the governor, a state
5412	5412	agency, or the governing body or chief elected official of a
5413	5413	municipality or county and does not provide, or propose to provide,
5414	5414	water, sewer, drainage, reclamation, or flood control services to
5415	5415	residential retail or commercial customers as its principal
5416	5416	function;
5417	5417	(E) the district on September 1, 2003:
5418	5418	(i) is a municipal utility district that
5419	5419	includes territory in only two counties;
5420	5420	(ii) has outstanding long-term
5421	5421	indebtedness that is rated BBB or better by a nationally recognized
5422	5422	rating agency for municipal securities; and
5423	5423	(iii) has at least 5,000 active water
5424	5424	connections; or
5425	5425	(F) [(6)] the district:
5426	5426	(i) [(A)] is a conservation and reclamation
5427	5427	district created under Section 59, Article XVI, Texas Constitution,
5428	5428	that includes territory in at least three counties; and
5429	5429	(ii) [(B)] has the rights, powers,
5430	5430	privileges, and functions applicable to a river authority under
5431	5431	Chapter 30; or
5432	5432	(2) a public utility agency created under Chapter 572,
5433	5433	Local Government Code, any of the public entities participating in
5434	5434	which are districts if at least one of those districts is a district
5435	5435	described by Subdivision (1)(E).
5436	5436	SECTION 21.005. Section 49.2145(a), Water Code, is amended
5437	5437	to correct a reference to read as follows:
5438	5438	(a) This section applies only to a district located in:
5439	5439	(1) a county included in the Harris-Galveston
5440	5440	[Coastal] Subsidence District; or
5441	5441	(2) a county included in the Fort Bend Subsidence
5442	5442	District.
5443	5443	ARTICLE 22. REDESIGNATIONS
5444	5444	SECTION 22.001. The following provisions of enacted codes
5445	5445	are redesignated to eliminate duplicate citations:
5446	5446	(1) Chapter 21, Business & Commerce Code, as added by
5447	5447	Chapter 1242 (S.B. 1320), Acts of the 82nd Legislature, Regular
5448	5448	Session, 2011, is redesignated as Chapter 21A, Business & Commerce
5449	5449	Code, and Sections 21.001, 21.002, and 21.003, Business & Commerce
5450	5450	Code, as added by that Act, are redesignated as Sections 21A.001,
5451	5451	21A.002, and 21A.003, Business & Commerce Code, respectively.
5452	5452	(2) Chapter 57, Business & Commerce Code, as added by
5453	5453	Chapter 979 (H.B. 1711), Acts of the 82nd Legislature, Regular
5454	5454	Session, 2011, is redesignated as Chapter 58, Business & Commerce
5455	5455	Code, and Sections 57.001, 57.002, 57.003, 57.004, and 57.005,
5456	5456	Business & Commerce Code, as added by that Act, are redesignated as
5457	5457	Sections 58.001, 58.002, 58.003, 58.004, and 58.005, Business &
5458	5458	Commerce Code, respectively.
5459	5459	(3) Chapter 106, Business & Commerce Code, as added by
5460	5460	Chapter 164 (H.B. 2468), Acts of the 82nd Legislature, Regular
5461	5461	Session, 2011, is redesignated as Chapter 107, Business & Commerce
5462	5462	Code, and Sections 106.001, 106.002, 106.003, 106.004, and 106.005,
5463	5463	Business & Commerce Code, as added by that Act, are redesignated as
5464	5464	Sections 107.001, 107.002, 107.003, 107.004, and 107.005, Business &
5465	5465	Commerce Code, respectively.
5466	5466	(4) Chapter 106, Business & Commerce Code, as added by
5467	5467	Chapter 579 (H.B. 3487), Acts of the 82nd Legislature, Regular
5468	5468	Session, 2011, is redesignated as Chapter 108, Business & Commerce
5469	5469	Code, and Sections 106.001, 106.002, 106.003, and 106.004, Business &
5470	5470	Commerce Code, as added by that Act, are redesignated as Sections
5471	5471	108.001, 108.002, 108.003, and 108.004, Business & Commerce Code,
5472	5472	respectively.
5473	5473	(5) Article 6.09, Code of Criminal Procedure, as added
5474	5474	by Chapter 1322 (S.B. 407), Acts of the 82nd Legislature, Regular
5475	5475	Session, 2011, is redesignated as Article 6.10, Code of Criminal
5476	5476	Procedure.
5477	5477	(6) Article 38.46, Code of Criminal Procedure, as
5478	5478	added by Chapter 104 (S.B. 1680), Acts of the 82nd Legislature,
5479	5479	Regular Session, 2011, is redesignated as Article 38.47, Code of
5480	5480	Criminal Procedure.
5481	5481	(7) Article 42.0182, Code of Criminal Procedure, as
5482	5482	added by Chapter 327 (H.B. 2624), Acts of the 82nd Legislature,
5483	5483	Regular Session, 2011, is redesignated as Article 42.0183, Code of
5484	5484	Criminal Procedure.
5485	5485	(8) Subsections (f), (g), and (h), Article 45.056,
5486	5486	Code of Criminal Procedure, as added by Chapter 1055 (S.B. 209),
5487	5487	Acts of the 82nd Legislature, Regular Session, 2011, are
5488	5488	redesignated as Subsections (i), (j), and (k), Article 45.056, Code
5489	5489	of Criminal Procedure, respectively.
5490	5490	(9) Section 51.969, Education Code, as added by
5491	5491	Chapter 889 (H.B. 2426), Acts of the 80th Legislature, Regular
5492	5492	Session, 2007, is redesignated as Section 51.977, Education Code.
5493	5493	(10) Section 51.976, Education Code, as added by
5494	5494	Chapter 703 (H.B. 452), Acts of the 82nd Legislature, Regular
5495	5495	Session, 2011, is redesignated as Section 51.978, Education Code.
5496	5496	(11) Section 56.007, Education Code, as added by
5497	5497	Chapter 415 (S.B. 851), Acts of the 82nd Legislature, Regular
5498	5498	Session, 2011, is redesignated as Section 56.008, Education Code.
5499	5499	(12) Subsection (b-1), Section 61.059, Education
5500	5500	Code, as added by Chapter 1183 (H.B. 3468), Acts of the 82nd
5501	5501	Legislature, Regular Session, 2011, is redesignated as Subsection
5502	5502	(b-2), Section 61.059, Education Code.
5503	5503	(13) Subsection (e), Section 12.006, Election Code, as
5504	5504	added by Chapter 507 (H.B. 1570), Acts of the 82nd Legislature,
5505	5505	Regular Session, 2011, is redesignated as Subsection (f), Section
5506	5506	12.006, Election Code.
5507	5507	(14) Section 18.068, Election Code, as added by
5508	5508	Chapter 1164 (H.B. 2817), Acts of the 82nd Legislature, Regular
5509	5509	Session, 2011, is redesignated as Section 18.069, Election Code.
5510	5510	(15) Subsection (c), Section 41.0052, Election Code,
5511	5511	as added by Chapter 519 (H.B. 2144), Acts of the 82nd Legislature,
5512	5512	Regular Session, 2011, is redesignated as Subsection (e), Section
5513	5513	41.0052, Election Code.
5514	5514	(16) Subsections (c-3) and (c-4), Section 58.003,
5515	5515	Family Code, as added by Chapter 1322 (S.B. 407), Acts of the 82nd
5516	5516	Legislature, Regular Session, 2011, are redesignated as
5517	5517	Subsections (c-5) and (c-6), Section 58.003, Family Code,
5518	5518	respectively.
5519	5519	(17) Section 263.007, Family Code, as added by Chapter
5520	5520	791 (H.B. 2170), Acts of the 82nd Legislature, Regular Session,
5521	5521	2011, is redesignated as Section 263.008, Family Code.
5522	5522	(18) Subsection (f), Section 157.003, Finance Code, as
5523	5523	added by Chapter 588 (S.B. 17), Acts of the 82nd Legislature,
5524	5524	Regular Session, 2011, is redesignated as Subsection (h), Section
5525	5525	157.003, Finance Code.
5526	5526	(19) Subchapter JJ, Chapter 54, Government Code, as
5527	5527	added by Chapter 863 (H.B. 3844), Acts of the 82nd Legislature,
5528	5528	Regular Session, 2011, is redesignated as Subchapter DD, Chapter
5529	5529	54, Government Code, and Sections 54.1951, 54.1952, 54.1953,
5530	5530	54.1954, and 54.1955, Government Code, as added by that Act, are
5531	5531	redesignated as Sections 54.1501, 54.1502, 54.1503, 54.1504, and
5532	5532	54.1505, Government Code, respectively.
5533	5533	(20) Section 411.1146, Government Code, as added by
5534	5534	Chapter 1245 (S.B. 1518), Acts of the 82nd Legislature, Regular
5535	5535	Session, 2011, is redesignated as Section 411.1147, Government
5536	5536	Code.
5537	5537	(21) Subchapter N, Chapter 411, Government Code, as
5538	5538	added by Chapter 1234 (S.B. 694), Acts of the 82nd Legislature,
5539	5539	Regular Session, 2011, is redesignated as Subchapter O, Chapter
5540	5540	411, Government Code.
5541	5541	(22) Section 552.153, Government Code, as added by
5542	5542	Chapter 455 (S.B. 1667), Acts of the 82nd Legislature, Regular
5543	5543	Session, 2011, is redesignated as Section 552.154, Government Code.
5544	5544	(23) Chapter 2267, Government Code, as added by
5545	5545	Chapter 1129 (H.B. 628), Acts of the 82nd Legislature, Regular
5546	5546	Session, 2011, is redesignated as Chapter 2269, Government Code,
5547	5547	and Sections 2267.001, 2267.002, 2267.003, 2267.004, 2267.005,
5548	5548	2267.006, 2267.007, 2267.008, 2267.009, 2267.010, 2267.051,
5549	5549	2267.052, 2267.053, 2267.054, 2267.055, 2267.056, 2267.057,
5550	5550	2267.058, 2267.059, 2267.101, 2267.102, 2267.103, 2267.104,
5551	5551	2267.105, 2267.106, 2267.151, 2267.152, 2267.153, 2267.154,
5552	5552	2267.155, 2267.201, 2267.202, 2267.203, 2267.204, 2267.205,
5553	5553	2267.206, 2267.207, 2267.208, 2267.251, 2267.252, 2267.253,
5554	5554	2267.254, 2267.255, 2267.256, 2267.257, 2267.258, 2267.301,
5555	5555	2267.302, 2267.303, 2267.304, 2267.305, 2267.306, 2267.307,
5556	5556	2267.308, 2267.309, 2267.310, 2267.311, 2267.351, 2267.352,
5557	5557	2267.353, 2267.354, 2267.355, 2267.356, 2267.357, 2267.358,
5558	5558	2267.359, 2267.360, 2267.361, 2267.362, 2267.363, 2267.364,
5559	5559	2267.365, 2267.366, 2267.367, 2267.401, 2267.402, 2267.403,
5560	5560	2267.404, 2267.405, 2267.406, 2267.407, 2267.408, 2267.409,
5561	5561	2267.410, 2267.411, 2267.451, and 2267.452, Government Code, as
5562	5562	added by that Act, are redesignated as Sections 2269.001, 2269.002,
5563	5563	2269.003, 2269.004, 2269.005, 2269.006, 2269.007, 2269.008,
5564	5564	2269.009, 2269.010, 2269.051, 2269.052, 2269.053, 2269.054,
5565	5565	2269.055, 2269.056, 2269.057, 2269.058, 2269.059, 2269.101,
5566	5566	2269.102, 2269.103, 2269.104, 2269.105, 2269.106, 2269.151,
5567	5567	2269.152, 2269.153, 2269.154, 2269.155, 2269.201, 2269.202,
5568	5568	2269.203, 2269.204, 2269.205, 2269.206, 2269.207, 2269.208,
5569	5569	2269.251, 2269.252, 2269.253, 2269.254, 2269.255, 2269.256,
5570	5570	2269.257, 2269.258, 2269.301, 2269.302, 2269.303, 2269.304,
5571	5571	2269.305, 2269.306, 2269.307, 2269.308, 2269.309, 2269.310,
5572	5572	2269.311, 2269.351, 2269.352, 2269.353, 2269.354, 2269.355,
5573	5573	2269.356, 2269.357, 2269.358, 2269.359, 2269.360, 2269.361,
5574	5574	2269.362, 2269.363, 2269.364, 2269.365, 2269.366, 2269.367,
5575	5575	2269.401, 2269.402, 2269.403, 2269.404, 2269.405, 2269.406,
5576	5576	2269.407, 2269.408, 2269.409, 2269.410, 2269.411, 2269.451, and
5577	5577	2269.452, Government Code, respectively.
5578	5578	(24) Section 61.067, Health and Safety Code, as added
5579	5579	by Chapter 1206 (S.B. 304), Acts of the 82nd Legislature, Regular
5580	5580	Session, 2011, is redesignated as Section 61.068, Health and Safety
5581	5581	Code.
5582	5582	(25) Section 241.007, Health and Safety Code, as added
5583	5583	by Chapter 299 (H.B. 1983), Acts of the 82nd Legislature, Regular
5584	5584	Session, 2011, is redesignated as Section 241.008, Health and
5585	5585	Safety Code.
5586	5586	(26) Section 281.0283, Health and Safety Code, as
5587	5587	added by Chapter 524 (H.B. 2351), Acts of the 82nd Legislature,
5588	5588	Regular Session, 2011, is redesignated as Section 281.0284, Health
5589	5589	and Safety Code.
5590	5590	(27) Subchapter E, Chapter 311, Health and Safety
5591	5591	Code, as added by Chapter 55 (S.B. 894), Acts of the 82nd
5592	5592	Legislature, Regular Session, 2011, is redesignated as Subchapter
5593	5593	F, Chapter 311, Health and Safety Code, and Sections 311.061,
5594	5594	311.062, and 311.063, Health and Safety Code, as added by that Act,
5595	5595	are redesignated as Sections 311.081, 311.082, and 311.083, Health
5596	5596	and Safety Code, respectively.
5597	5597	(28) Subsection (a-1), Section 711.002, Health and
5598	5598	Safety Code, as added by Chapter 95 (H.B. 74), Acts of the 82nd
5599	5599	Legislature, Regular Session, 2011, is redesignated as Subsection
5600	5600	(a-2), Section 711.002, Health and Safety Code.
5601	5601	(29) Subdivision (19), Section 773.003, Health and
5602	5602	Safety Code, as added by Chapter 853 (S.B. 1412), Acts of the 72nd
5603	5603	Legislature, Regular Session, 1991, is redesignated as Subdivision
5604	5604	(7-a), Section 773.003, Health and Safety Code.
5605	5605	(30) Subsection (f), Section 42.041, Human Resources
5606	5606	Code, as added by Chapter 343 (H.B. 3051), Acts of the 82nd
5607	5607	Legislature, Regular Session, 2011, is redesignated as Subsection
5608	5608	(g), Section 42.041, Human Resources Code.
5609	5609	(31) Subsections (f) and (g), Section 42.0421, Human
5610	5610	Resources Code, as added by Chapter 882 (S.B. 260), Acts of the 82nd
5611	5611	Legislature, Regular Session, 2011, are redesignated as
5612	5612	Subsections (h) and (i), Section 42.0421, Human Resources Code,
5613	5613	respectively.
5614	5614	(32) Section 42.0443, Human Resources Code, as added
5615	5615	by Chapter 253 (H.B. 1555), Acts of the 75th Legislature, Regular
5616	5616	Session, 1997, is redesignated as Section 42.04425, Human Resources
5617	5617	Code.
5618	5618	(33) Subsection (c), Section 42.021, Local Government
5619	5619	Code, as added by Chapter 215 (H.B. 91), Acts of the 82nd
5620	5620	Legislature, Regular Session, 2011, is redesignated as Subsection
5621	5621	(d), Section 42.021, Local Government Code.
5622	5622	(34) Subsection (c), Section 271.060, Local
5623	5623	Government Code, as added by Chapter 479 (H.B. 679), Acts of the
5624	5624	82nd Legislature, Regular Session, 2011, is redesignated as
5625	5625	Subsection (d), Section 271.060, Local Government Code.
5626	5626	(35) Section 1103.157, Occupations Code, as added by
5627	5627	Chapter 256 (H.B. 1146), Acts of the 82nd Legislature, Regular
5628	5628	Session, 2011, is redesignated as Section 1103.159, Occupations
5629	5629	Code.
5630	5630	(36) Subdivision (17), Section 31.003, Parks and
5631	5631	Wildlife Code, as added by Chapter 720 (H.B. 787), Acts of the 82nd
5632	5632	Legislature, Regular Session, 2011, is redesignated as Subdivision
5633	5633	(18), Section 31.003, Parks and Wildlife Code.
5634	5634	(37) Subsection (a-1), Section 31.121, Parks and
5635	5635	Wildlife Code, as added by Chapter 789 (H.B. 2141), Acts of the 82nd
5636	5636	Legislature, Regular Session, 2011, is redesignated as Subsection
5637	5637	(a-2), Section 31.121, Parks and Wildlife Code.
5638	5638	(38) Subdivision (2), Subsection (c), Section 38.04,
5639	5639	Penal Code, as added by Chapter 391 (S.B. 496), Acts of the 82nd
5640	5640	Legislature, Regular Session, 2011, is redesignated as Subdivision
5641	5641	(3), Subsection (c), Section 38.04, Penal Code.
5642	5642	(39) Chapter 64, Property Code, as added by Chapter
5643	5643	918 (S.B. 1368), Acts of the 82nd Legislature, Regular Session,
5644	5644	2011, is redesignated as Chapter 65, Property Code, and Sections
5645	5645	64.001, 64.002, 64.003, and 64.004, Property Code, as added by that
5646	5646	Act, are redesignated as Sections 65.001, 65.002, 65.003, and
5647	5647	65.004, Property Code, respectively.
5648	5648	(40) Section 202.011, Property Code, as added by
5649	5649	Chapter 1028 (H.B. 2779), Acts of the 82nd Legislature, Regular
5650	5650	Session, 2011, is redesignated as Section 202.012, Property Code.
5651	5651	(41) Subsection (c), Section 23.21, Tax Code, as added
5652	5652	by Chapter 1309 (H.B. 3133), Acts of the 82nd Legislature, Regular
5653	5653	Session, 2011, is redesignated as Subsection (e), Section 23.21,
5654	5654	Tax Code.
5655	5655	(42) Subsection (c), Section 41.47, Tax Code, as added
5656	5656	by Chapter 322 (H.B. 2476), Acts of the 82nd Legislature, Regular
5657	5657	Session, 2011, is redesignated as Subsection (c-1), Section 41.47,
5658	5658	Tax Code.
5659	5659	(43) Subsection (h-1), Section 222.107,
5660	5660	Transportation Code, as added by Chapter 475 (H.B. 563), Acts of the
5661	5661	82nd Legislature, Regular Session, 2011, is redesignated as
5662	5662	Subsection (h-2), Section 222.107, Transportation Code.
5663	5663	(44) Section 223.2012, Transportation Code, as added
5664	5664	by Chapter 459 (S.B. 1719), Acts of the 82nd Legislature, Regular
5665	5665	Session, 2011, is redesignated as Section 223.2013, Transportation
5666	5666	Code.
5667	5667	(45) Section 225.082, Transportation Code, as added by
5668	5668	Chapter 45 (H.B. 1409), Acts of the 82nd Legislature, Regular
5669	5669	Session, 2011, is redesignated as Section 225.085, Transportation
5670	5670	Code.
5671	5671	(46) Section 225.082, Transportation Code, as added by
5672	5672	Chapter 830 (H.B. 3208), Acts of the 82nd Legislature, Regular
5673	5673	Session, 2011, is redesignated as Section 225.086, Transportation
5674	5674	Code.
5675	5675	(47) Section 225.082, Transportation Code, as added by
5676	5676	Chapter 1314 (H.B. 3841), Acts of the 82nd Legislature, Regular
5677	5677	Session, 2011, is redesignated as Section 225.087, Transportation
5678	5678	Code.
5679	5679	(48) Section 225.083, Transportation Code, as added by
5680	5680	Chapter 652 (S.B. 1100), Acts of the 82nd Legislature, Regular
5681	5681	Session, 2011, is redesignated as Section 225.088, Transportation
5682	5682	Code.
5683	5683	(49) Section 225.084, Transportation Code, as added by
5684	5684	Chapter 859 (H.B. 3837), Acts of the 82nd Legislature, Regular
5685	5685	Session, 2011, is redesignated as Section 225.089, Transportation
5686	5686	Code.
5687	5687	(50) Section 225.084, Transportation Code, as added by
5688	5688	Chapter 1117 (S.B. 1925), Acts of the 82nd Legislature, Regular
5689	5689	Session, 2011, is redesignated as Section 225.090, Transportation
5690	5690	Code.
5691	5691	(51) Subsection (a), Section 504.315, Transportation
5692	5692	Code, as added by Chapter 460 (S.B. 1755), Acts of the 82nd
5693	5693	Legislature, Regular Session, 2011, is redesignated as Subsection
5694	5694	(b), Section 504.315, Transportation Code.
5695	5695	(52) Section 504.317, Transportation Code, as added by
5696	5696	Chapter 1281 (H.B. 1178), Acts of the 82nd Legislature, Regular
5697	5697	Session, 2011, is redesignated as Section 504.318, Transportation
5698	5698	Code.
5699	5699	(53) Section 504.660, Transportation Code, as added by
5700	5700	Chapter 397 (H.B. 1749), Acts of the 81st Legislature, Regular
5701	5701	Session, 2009, is redesignated as Section 504.661, Transportation
5702	5702	Code.
5703	5703	(54) Section 56.032, Utilities Code, as added by
5704	5704	Chapter 98 (S.B. 980), Acts of the 82nd Legislature, Regular
5705	5705	Session, 2011, is redesignated as Section 56.033, Utilities Code.
5706	5706	SECTION 22.002. The following changes are made to conform
5707	5707	the provisions amended to the redesignating changes made by Section
5708	5708	22.001 of this Act:
5709	5709	(1) Subsection (b), Section 58.003, Business &
5710	5710	Commerce Code, as redesignated from Subsection (b), Section 57.003,
5711	5711	Business & Commerce Code, by Section 22.001 of this Act, is amended
5712	5712	to read as follows:
5713	5713	(b) A disaster remediation contractor:
5714	5714	(1) may not require a person to make a full or partial
5715	5715	payment under a contract before the contractor begins work;
5716	5716	(2) may not require that the amount of any partial
5717	5717	payment under the contract exceed an amount reasonably
5718	5718	proportionate to the work performed, including any materials
5719	5719	delivered; and
5720	5720	(3) shall include in any contract for disaster
5721	5721	remediation services the following statement in conspicuous,
5722	5722	boldfaced type of at least 10 points in size: "This contract is
5723	5723	subject to Chapter 58 [57], Business & Commerce Code. A contractor
5724	5724	may not require a full or partial payment before the contractor
5725	5725	begins work and may not require partial payments in an amount that
5726	5726	exceeds an amount reasonably proportionate to the work performed,
5727	5727	including any materials delivered."
5728	5728	(2) Section 107.005, Business & Commerce Code, as
5729	5729	redesignated from Section 106.005, Business & Commerce Code, by
5730	5730	Section 22.001 of this Act, is amended to read as follows:
5731	5731	Sec. 107.005 [106.005]. SUIT FOR CIVIL PENALTY. The
5732	5732	attorney general or a county or district attorney may bring an
5733	5733	action to recover a civil penalty imposed under Section 107.004
5734	5734	[106.004].
5735	5735	(3) Section 108.004, Business & Commerce Code, as
5736	5736	redesignated from Section 106.004, Business & Commerce Code, by
5737	5737	Section 22.001 of this Act, is amended to read as follows:
5738	5738	Sec. 108.004 [106.004]. CIVIL PENALTY. The owner or
5739	5739	operator of a commercial lodging establishment or restaurant that
5740	5740	violates Section 108.002 [106.002] is liable for a civil penalty in
5741	5741	an amount not to exceed $200 for each violation.
5742	5742	(4) Subsection (k), Article 45.056, Code of Criminal
5743	5743	Procedure, as redesignated from Subsection (h), Article 45.056,
5744	5744	Code of Criminal Procedure, by Section 22.001 of this Act, is
5745	5745	amended to read as follows:
5746	5746	(k) [(h)] Subsections (i) [(f)] and (j) [(g)] do not apply
5747	5747	to:
5748	5748	(1) a part-time judge; or
5749	5749	(2) a county judge of a county court that has one or
5750	5750	more appointed full-time magistrates under Section 54.1172,
5751	5751	Government Code.
5752	5752	(5) Subsection (a), Section 44.031, Education Code, is
5753	5753	amended to read as follows:
5754	5754	(a) Except as provided by this subchapter, all school
5755	5755	district contracts for the purchase of goods and services, except
5756	5756	contracts for the purchase of produce or vehicle fuel, valued at
5757	5757	$50,000 or more in the aggregate for each 12-month period shall be
5758	5758	made by the method, of the following methods, that provides the best
5759	5759	value for the district:
5760	5760	(1) competitive bidding for services other than
5761	5761	construction services;
5762	5762	(2) competitive sealed proposals for services other
5763	5763	than construction services;
5764	5764	(3) a request for proposals, for services other than
5765	5765	construction services;
5766	5766	(4) an interlocal contract;
5767	5767	(5) a method provided by Chapter 2269 [2267],
5768	5768	Government Code, for construction services;
5769	5769	(6) the reverse auction procedure as defined by
5770	5770	Section 2155.062(d), Government Code; or
5771	5771	(7) the formation of a political subdivision
5772	5772	corporation under Section 304.001, Local Government Code.
5773	5773	(6) Subsection (j), Section 44.901, Education Code, is
5774	5774	amended to read as follows:
5775	5775	(j) Chapter 2269 [2267], Government Code, does not apply to
5776	5776	this section.
5777	5777	(7) Subsection (k), Section 51.927, Education Code, is
5778	5778	amended to read as follows:
5779	5779	(k) Chapter 2269 [2267], Government Code, does not apply to
5780	5780	this section.
5781	5781	(8) Subsection (c-6), Section 58.003, Family Code, as
5782	5782	redesignated from Subsection (c-4), Section 58.003, Family Code, by
5783	5783	Section 22.001 of this Act, is amended to read as follows:
5784	5784	(c-6) [(c-4)] A prosecuting attorney or juvenile probation
5785	5785	department may maintain until a child's 17th birthday a separate
5786	5786	record of the child's name and date of birth and the date on which
5787	5787	the child successfully completed the educational program, if the
5788	5788	child's records are sealed under Subsection (c-5) [(c-3)]. The
5789	5789	prosecuting attorney or juvenile probation department, as
5790	5790	applicable, shall send the record to the court as soon as
5791	5791	practicable after the child's 17th birthday to be added to the
5792	5792	child's other sealed records.
5793	5793	(9) Section 2166.2525, Government Code, is amended to
5794	5794	read as follows:
5795	5795	Sec. 2166.2525. DETERMINATION OF CONTRACTING METHOD. The
5796	5796	method of contracting allowed under this subchapter for design and
5797	5797	construction services is any method provided by Chapter 2269
5798	5798	[2267].
5799	5799	(10) Subsection (k), Section 2166.406, Government
5800	5800	Code, is amended to read as follows:
5801	5801	(k) Chapter 2269 [2267] does not apply to this section.
5802	5802	(11) Subsection (d), Section 2269.254, Government
5803	5803	Code, as redesignated from Subsection (d), Section 2267.254,
5804	5804	Government Code, by Section 22.001 of this Act, is amended to read
5805	5805	as follows:
5806	5806	(d) Not later than the seventh day after the date the
5807	5807	contract is awarded, the governmental entity shall make the
5808	5808	rankings determined under Section 2269.253(g) [2267.253(g)]
5809	5809	public.
5810	5810	(12) Subsection (d), Section 2269.308, Government
5811	5811	Code, as redesignated from Subsection (d), Section 2267.308,
5812	5812	Government Code, by Section 22.001 of this Act, is amended to read
5813	5813	as follows:
5814	5814	(d) Not later than the seventh day after the date the
5815	5815	contract is awarded, the governmental entity shall make the
5816	5816	rankings determined under Section 2269.307(f) [2267.307(f)]
5817	5817	public.
5818	5818	(13) Subsection (d), Section 2269.353, Government
5819	5819	Code, as redesignated from Subsection (d), Section 2267.353,
5820	5820	Government Code, by Section 22.001 of this Act, is amended to read
5821	5821	as follows:
5822	5822	(d) A governmental entity shall make a formal finding on the
5823	5823	criteria described by Subsection (c) before preparing a request for
5824	5824	qualifications under Section 2269.357 [2267.357].
5825	5825	(14) Section 2269.357, Government Code, as
5826	5826	redesignated from Section 2267.357, Government Code, by Section
5827	5827	22.001 of this Act, is amended to read as follows:
5828	5828	Sec. 2269.357 [2267.357]. REQUEST FOR QUALIFICATIONS. (a)
5829	5829	The governmental entity shall prepare a request for qualifications
5830	5830	that includes:
5831	5831	(1) information on the civil works project site;
5832	5832	(2) project scope;
5833	5833	(3) project budget;
5834	5834	(4) project schedule;
5835	5835	(5) criteria for selection under Section 2269.359
5836	5836	[2267.359] and the weighting of the criteria; and
5837	5837	(6) other information that may assist potential
5838	5838	design-build firms in submitting proposals for the project.
5839	5839	(b) The governmental entity shall also prepare a design
5840	5840	criteria package as described by Section 2269.358 [2267.358].
5841	5841	(15) Section 2269.360, Government Code, as
5842	5842	redesignated from Section 2267.360, Government Code, by Section
5843	5843	22.001 of this Act, is amended to read as follows:
5844	5844	Sec. 2269.360 [2267.360]. SELECTION OF DESIGN-BUILD
5845	5845	FIRM. The governmental entity shall select a design-build firm
5846	5846	using a combination of technical and cost proposals as provided by
5847	5847	Section 2269.361 [2267.361].
5848	5848	(16) Subsection (a), Section 2269.361, Government
5849	5849	Code, as redesignated from Subsection (a), Section 2267.361,
5850	5850	Government Code, by Section 22.001 of this Act, is amended to read
5851	5851	as follows:
5852	5852	(a) A governmental entity shall request proposals from
5853	5853	design-build firms identified under Section 2269.359(c)
5854	5854	[2267.359(c)]. A firm must submit a proposal not later than the
5855	5855	180th day after the date the governmental entity makes a public
5856	5856	request for the proposals from the selected firms. The request for
5857	5857	proposals must include:
5858	5858	(1) a design criteria package;
5859	5859	(2) if the project site is identified, a geotechnical
5860	5860	baseline report or other information that provides the design-build
5861	5861	firm minimum geotechnical design parameters to submit a proposal;
5862	5862	(3) detailed instructions for preparing the technical
5863	5863	proposal and the items to be included, including a description of
5864	5864	the form and level of completeness of drawings expected; and
5865	5865	(4) the relative weighting of the technical and price
5866	5866	proposals and the formula by which the proposals will be evaluated
5867	5867	and ranked.
5868	5868	(17) Section 2269.362, Government Code, as
5869	5869	redesignated from Section 2267.362, Government Code, by Section
5870	5870	22.001 of this Act, is amended to read as follows:
5871	5871	Sec. 2269.362 [2267.362]. NEGOTIATION. After selecting
5872	5872	the highest-ranked design-build firm under Section 2269.361
5873	5873	[2267.361], the governmental entity shall first attempt to
5874	5874	negotiate a contract with the selected firm. If the governmental
5875	5875	entity is unable to negotiate a satisfactory contract with the
5876	5876	selected firm, the entity shall, formally and in writing, end all
5877	5877	negotiations with that firm and proceed to negotiate with the next
5878	5878	firm in the order of the selection ranking until a contract is
5879	5879	reached or negotiations with all ranked firms end.
5880	5880	(18) Subsection (c), Section 2269.364, Government
5881	5881	Code, as redesignated from Subsection (c), Section 2267.364,
5882	5882	Government Code, by Section 22.001 of this Act, is amended to read
5883	5883	as follows:
5884	5884	(c) The governmental entity may offer an unsuccessful
5885	5885	design-build firm that submits a response to the entity's request
5886	5886	for additional information under Section 2269.361 [2267.361] a
5887	5887	stipend for preliminary engineering costs associated with the
5888	5888	development of the proposal. The stipend must be one-half of one
5889	5889	percent of the contract amount and must be specified in the initial
5890	5890	request for proposals. If the offer is accepted and paid, the
5891	5891	governmental entity may make use of any work product contained in
5892	5892	the proposal, including the techniques, methods, processes, and
5893	5893	information contained in the proposal. The use by the governmental
5894	5894	entity of any design element contained in an unsuccessful proposal
5895	5895	is at the sole risk and discretion of the entity and does not confer
5896	5896	liability on the recipient of the stipend under this subsection.
5897	5897	(19) Subsection (c), Section 2269.367, Government
5898	5898	Code, as redesignated from Subsection (c), Section 2267.367,
5899	5899	Government Code, by Section 22.001 of this Act, is amended to read
5900	5900	as follows:
5901	5901	(c) If the governmental entity awards a design-build
5902	5902	contract under Section 2269.362 [2267.362], the design-build firm
5903	5903	shall deliver the bonds not later than the 10th day after the date
5904	5904	the design-build firm executes the contract unless the design-build
5905	5905	firm furnishes a bid bond or other financial security acceptable to
5906	5906	the governmental entity to ensure that the design-build firm will
5907	5907	furnish the required performance and payment bonds before the
5908	5908	commencement of construction.
5909	5909	(20) Subsection (a), Section 252.021, Local
5910	5910	Government Code, is amended to read as follows:
5911	5911	(a) Before a municipality may enter into a contract that
5912	5912	requires an expenditure of more than $50,000 from one or more
5913	5913	municipal funds, the municipality must:
5914	5914	(1) comply with the procedure prescribed by this
5915	5915	subchapter and Subchapter C for competitive sealed bidding or
5916	5916	competitive sealed proposals;
5917	5917	(2) use the reverse auction procedure, as defined by
5918	5918	Section 2155.062(d), Government Code, for purchasing; or
5919	5919	(3) comply with a method described by Chapter 2269
5920	5920	[2267], Government Code.
5921	5921	(21) Subsection (d), Section 252.022, Local
5922	5922	Government Code, is amended to read as follows:
5923	5923	(d) This chapter does not apply to an expenditure described
5924	5924	by Section 252.021(a) if the governing body of a municipality
5925	5925	determines that a method described by Chapter 2269 [2267],
5926	5926	Government Code, provides a better value for the municipality with
5927	5927	respect to that expenditure than the procedures described in this
5928	5928	chapter and the municipality adopts and uses a method described in
5929	5929	that chapter [subchapter] with respect to that expenditure.
5930	5930	(22) Subsections (d-1) and (e), Section 252.043, Local
5931	5931	Government Code, are amended to read as follows:
5932	5932	(d-1) A contract for construction of a project described by
5933	5933	Subsection (d) that requires an expenditure of $1.5 million or less
5934	5934	may be awarded using the competitive sealed proposal procedure
5935	5935	prescribed by Subchapter D, Chapter 2269 [2267], Government Code.
5936	5936	(e) If the competitive sealed bidding requirement applies
5937	5937	to the contract for construction of a facility, as that term is
5938	5938	defined by Section 2269.001 [2267.001], Government Code, the
5939	5939	contract must be awarded to the lowest responsible bidder or
5940	5940	awarded under the method described by Chapter 2269 [2267],
5941	5941	Government Code.
5942	5942	(23) Subsections (a) and (b-1), Section 262.023, Local
5943	5943	Government Code, are amended to read as follows:
5944	5944	(a) Before a county may purchase one or more items under a
5945	5945	contract that will require an expenditure exceeding $50,000, the
5946	5946	commissioners court of the county must:
5947	5947	(1) comply with the competitive bidding or competitive
5948	5948	proposal procedures prescribed by this subchapter;
5949	5949	(2) use the reverse auction procedure, as defined by
5950	5950	Section 2155.062(d), Government Code, for purchasing; or
5951	5951	(3) comply with a method described by Chapter 2269
5952	5952	[2267], Government Code.
5953	5953	(b-1) A county that complies with a method described by
5954	5954	Chapter 2269 [2267], Government Code, as provided by Subsection
5955	5955	(a)(3), to enter into a contract for which payment will be made
5956	5956	through anticipation notes authorized by Chapter 1431, Government
5957	5957	Code, may not issue anticipation notes for the payment of that
5958	5958	contract in an amount that exceeds the lesser of:
5959	5959	(1) 20 percent of the county's budget for the fiscal
5960	5960	year in which the county enters into the contract; or
5961	5961	(2) $10 million.
5962	5962	(24) Section 271.054, Local Government Code, is
5963	5963	amended to read as follows:
5964	5964	Sec. 271.054. COMPETITIVE PROCUREMENT REQUIREMENT. Before
5965	5965	the governing body of an issuer may enter into a contract requiring
5966	5966	an expenditure by or imposing an obligation or liability on the
5967	5967	issuer, or on a subdivision of the issuer if the issuer is a county,
5968	5968	of more than $50,000, the governing body must:
5969	5969	(1) submit the proposed contract to competitive
5970	5970	procurement; or
5971	5971	(2) use an alternate method of project delivery
5972	5972	authorized by Chapter 2269 [2267], Government Code.
5973	5973	(25) Section 302.007, Local Government Code, is
5974	5974	amended to read as follows:
5975	5975	Sec. 302.007. EXEMPTION FROM OTHER CONTRACTING LAW.
5976	5976	Chapter 2269 [2267], Government Code, does not apply to this
5977	5977	chapter.
5978	5978	(26) Section 335.077, Local Government Code, is
5979	5979	amended to read as follows:
5980	5980	Sec. 335.077. EXEMPTION FROM CONSTRUCTION CONTRACTING LAW.
5981	5981	Chapter 2269 [2267], Government Code, does not apply to this
5982	5982	chapter.
5983	5983	(27) Subsection (a-4), Section 1956.040, Occupations
5984	5984	Code, is amended to read as follows:
5985	5985	(a-4) A municipality or county may retain 10 percent of the
5986	5986	money collected from a fine for a conviction of an offense under
5987	5987	Subsection (a-1) as a service fee for that collection and the clerk
5988	5988	of the court shall remit the remainder of the fine collected for
5989	5989	conviction of an offense under Subsection (a-1) to the comptroller
5990	5990	in the manner provided for the remission of fees to the comptroller
5991	5991	under Subchapter B, Chapter 133, Local Government Code. The
5992	5992	comptroller shall deposit proceeds received under this subsection
5993	5993	to the credit of an account in the general revenue fund, and those
5994	5994	proceeds may be appropriated only to the department and used to:
5995	5995	(1) finance the department's administration of
5996	5996	Subchapters A, A-1, A-2, and A-3; and
5997	5997	(2) fund grants distributed under the prevention of
5998	5998	scrap metal theft grant program established under Subchapter O [N],
5999	5999	Chapter 411, Government Code.
6000	6000	(28) Subsection (b), Section 24.004, Property Code, is
6001	6001	amended to read as follows:
6002	6002	(b) A justice court does not have jurisdiction in a forcible
6003	6003	entry and detainer or forcible detainer suit and shall dismiss the
6004	6004	suit if the defendant files a sworn statement alleging the suit is
6005	6005	based on a deed executed in violation of Chapter 21A [21], Business &
6006	6006	Commerce Code.
6007	6007	(29) Section 65.002, Property Code, as redesignated
6008	6008	from Section 64.002, Property Code, by Section 22.001 of this Act,
6009	6009	is amended to read as follows:
6010	6010	Sec. 65.002 [64.002]. CONDITIONS FOR AUTHORITY TO ACT AS
6011	6011	AGENT FOR CO-OWNER. A co-owner of residential property may act in
6012	6012	the name of and on behalf of another co-owner, whether known or
6013	6013	unknown, as the co-owner's statutory agent and attorney-in-fact for
6014	6014	the purposes described by Section 65.004 [64.004] if:
6015	6015	(1) the co-owner has occupied the property for more
6016	6016	than five years;
6017	6017	(2) the co-owner has a residence homestead exemption
6018	6018	for the property under Section 11.13, Tax Code;
6019	6019	(3) for the five years preceding the date the
6020	6020	documents required by Section 65.003 [64.003] are filed, the
6021	6021	occupying co-owner has paid all assessed ad valorem taxes without
6022	6022	delinquency and without contribution from the other co-owner; and
6023	6023	(4) the occupying co-owner files the documents
6024	6024	required by Section 65.003 [64.003].
6025	6025	(30) Section 65.003, Property Code, as redesignated
6026	6026	from Section 64.003, Property Code, by Section 22.001 of this Act,
6027	6027	is amended to read as follows:
6028	6028	Sec. 65.003 [64.003]. REQUIRED DOCUMENTATION. The
6029	6029	occupying co-owner may establish the authority to act as an agent
6030	6030	and attorney-in-fact for another co-owner by filing in the office
6031	6031	of the county clerk of the county in which the real property is
6032	6032	located:
6033	6033	(1) an affidavit of the occupying co-owner affirming
6034	6034	the facts described by Sections 65.002(1)-(3) [64.002(1)-(3)];
6035	6035	(2) the affidavits of two additional affiants
6036	6036	personally familiar with the co-owner's occupancy of the real
6037	6037	property corroborating the occupancy during the preceding five
6038	6038	years; and
6039	6039	(3) a certificate of the tax assessor-collector for
6040	6040	the county in which the real property is located affirming that the
6041	6041	co-owner has paid all taxes assessed against the real property for
6042	6042	the preceding five years without delinquency.
6043	6043	(31) Section 1002.110, Special District Local Laws
6044	6044	Code, is amended to read as follows:
6045	6045	Sec. 1002.110. PUBLIC WORKS CONTRACTS. With respect to the
6046	6046	construction of public works, the district has all of the powers and
6047	6047	duties conferred on a municipality under Chapter 2269 [2267],
6048	6048	Government Code, with respect to the construction of a
6049	6049	facility. To the extent of any conflict, this section prevails
6050	6050	over any other law relating to the construction of public works
6051	6051	engaged in by the district.
6052	6052	(32) Subsection (b), Section 1024.105, Special
6053	6053	District Local Laws Code, is amended to read as follows:
6054	6054	(b) The board may act as a governmental entity under Chapter
6055	6055	2269 [2267], Government Code, for purposes of using the procurement
6056	6056	procedures authorized by that chapter. For purposes of this
6057	6057	subsection, notice under Section 2269.052(c) [2267.052(c)],
6058	6058	Government Code, must be provided by the district in the same manner
6059	6059	as provided for a conservation and reclamation district created
6060	6060	under Section 59, Article XVI, Texas Constitution.
6061	6061	(33) Subsection (d-1), Section 366.185,
6062	6062	Transportation Code, is amended to read as follows:
6063	6063	(d-1) The rules adopted under Subsection (d) may not
6064	6064	materially conflict with the design-build procedures provided by
6065	6065	Subchapter H, Chapter 2269 [2267], Government Code, and shall
6066	6066	provide materially similar injunctive and declaratory action
6067	6067	enforcement rights regarding the improper disclosure or use of
6068	6068	unique or nonordinary information as provided in that subchapter.
6069	6069	(34) Section 451.8025, Transportation Code, is
6070	6070	amended to read as follows:
6071	6071	Sec. 451.8025. EXEMPTION FROM OTHER CONTRACTING LAW.
6072	6072	Chapter 2269 [2267], Government Code, does not apply to this
6073	6073	subchapter.
6074	6074	(35) Section 452.1095, Transportation Code, is
6075	6075	amended to read as follows:
6076	6076	Sec. 452.1095. EXEMPTION FROM OTHER CONTRACTING LAW FOR
6077	6077	CERTAIN AUTHORITIES. (a) Chapter 2269 [2267], Government Code,
6078	6078	does not apply to an authority consisting of one subregion governed
6079	6079	by a subregional board created under Subchapter O.
6080	6080	(b) An authority to which this section applies may adopt
6081	6081	design-build procedures that do not materially conflict with
6082	6082	Subchapter H, Chapter 2269 [2267], Government Code.
6083	6083	(36) Subsections (c) and (d), Section 460.406,
6084	6084	Transportation Code, are amended to read as follows:
6085	6085	(c) The board of directors may authorize the negotiation of
6086	6086	a contract without competitive sealed bids or proposals if:
6087	6087	(1) the aggregate amount involved in the contract is
6088	6088	$50,000 or less;
6089	6089	(2) the contract is for construction for which not
6090	6090	more than one bid or proposal is received;
6091	6091	(3) the contract is for services or property for which
6092	6092	there is only one source or for which it is otherwise impracticable
6093	6093	to obtain competition;
6094	6094	(4) the contract is to respond to an emergency for
6095	6095	which the public exigency does not permit the delay incident to the
6096	6096	competitive process;
6097	6097	(5) the contract is for personal or professional
6098	6098	services or services for which competitive bidding is precluded by
6099	6099	law;
6100	6100	(6) the contract, without regard to form and which may
6101	6101	include bonds, notes, loan agreements, or other obligations, is for
6102	6102	the purpose of borrowing money or is a part of a transaction
6103	6103	relating to the borrowing of money, including:
6104	6104	(A) a credit support agreement, such as a line or
6105	6105	letter of credit or other debt guaranty;
6106	6106	(B) a bond, note, debt sale or purchase, trustee,
6107	6107	paying agent, remarketing agent, indexing agent, or similar
6108	6108	agreement;
6109	6109	(C) an agreement with a securities dealer,
6110	6110	broker, or underwriter; and
6111	6111	(D) any other contract or agreement considered by
6112	6112	the board of directors to be appropriate or necessary in support of
6113	6113	the authority's financing activities;
6114	6114	(7) the contract is for work that is performed and paid
6115	6115	for by the day as the work progresses;
6116	6116	(8) the contract is for the purchase of land or a
6117	6117	right-of-way;
6118	6118	(9) the contract is for the purchase of personal
6119	6119	property sold:
6120	6120	(A) at an auction by a state licensed auctioneer;
6121	6121	(B) at a going out of business sale held in
6122	6122	compliance with Subchapter F, Chapter 17, Business & Commerce Code;
6123	6123	or
6124	6124	(C) by a political subdivision of this state, a
6125	6125	state agency, or an entity of the federal government;
6126	6126	(10) the contract is for services performed by blind
6127	6127	or severely disabled persons;
6128	6128	(11) the contract is for the purchase of electricity;
6129	6129	or
6130	6130	(12) the contract is one awarded for alternate project
6131	6131	delivery under Subchapters E, F, and G, Chapter 2269 [2267],
6132	6132	Government Code.
6133	6133	(d) For the purposes of entering into a contract authorized
6134	6134	by Subsection (c)(12), an authority is considered a "governmental
6135	6135	entity" as described by Section 2269.002 [2267.002], Government
6136	6136	Code.
6137	6137	(37) Subsection (d), Section 60.401, Water Code, is
6138	6138	amended to read as follows:
6139	6139	(d) Chapter 2269 [2267], Government Code, does not apply to
6140	6140	this subchapter.
6141	6141	(38) Subsection (c), Section 60.452, Water Code, is
6142	6142	amended to read as follows:
6143	6143	(c) Chapter 2269 [2267], Government Code, does not apply to
6144	6144	this subchapter.
6145	6145	ARTICLE 23. EFFECTIVE DATE
6146	6146	SECTION 23.001. Except as otherwise provided by this Act,
6147	6147	this Act takes effect September 1, 2013.
6148	6148	COMMITTEE AMENDMENT NO. 1
6149	6149	Amend H.B. No. 3862 (introduced version) in SECTION 10.003 of
6150	6150	the bill by striking the language of Subsection (a) of that SECTION
6151	6151	and relettering subsequent subsections of that SECTION
6152	6152	accordingly.
6153	6153	Harper-Brown
6154	6154	COMMITTEE AMENDMENT NO. 2
6155	6155	Amend H.B. No. 3862 (introduced version) by striking SECTION
6156	6156	20.019 (page 191, lines 3-10) and renumbering subsequent sections
6157	6157	of the bill accordingly.
6158	6158	83R19675 PEP-DHarper-Brown