84R29764 MTB-D
By: West S.B. No. 1296
(Giddings)
Substitute the following for S.B. No. 1296: No.
A BILL TO BE ENTITLED
AN ACT
relating to nonsubstantive additions to and corrections in enacted
codes, to the nonsubstantive codification or disposition of various
laws omitted from enacted codes, and to conforming codifications
enacted by the 83rd Legislature to other Acts of that legislature.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. GENERAL PROVISIONS
SECTION 1.001. This Act is enacted as part of the state's
continuing statutory revision program under Chapter 323,
Government Code. This Act is a revision for purposes of Section 43,
Article III, Texas Constitution, and has the purposes of:
(1) codifying without substantive change or providing
for other appropriate disposition of various statutes that were
omitted from enacted codes;
(2) conforming codifications enacted by the 83rd
Legislature to other Acts of that legislature that amended the laws
codified or added new law to subject matter codified;
(3) making necessary corrections to enacted
codifications; and
(4) renumbering or otherwise redesignating titles,
chapters, and sections of codes that duplicate title, chapter, or
section designations.
SECTION 1.002. (a) The repeal of a statute by this Act does
not affect an amendment, revision, or reenactment of the statute by
the 84th Legislature, Regular Session, 2015. The amendment,
revision, or reenactment is preserved and given effect as part of
the code provision that revised the statute so amended, revised, or
reenacted.
(b) If any provision of this Act conflicts with a statute
enacted by the 84th Legislature, Regular Session, 2015, the statute
controls.
SECTION 1.003. (a) A transition or saving provision of a
law codified by this Act applies to the codified law to the same
extent as it applied to the original law.
(b) The repeal of a transition or saving provision by this
Act does not affect the application of the provision to the codified
law.
(c) In this section, "transition provision" includes any
temporary provision providing for a special situation in the
transition period between the existing law and the establishment or
implementation of the new law.
SECTION 1.004. (a) The repeal of a law, including a
validating law, by this Act does not remove, void, or otherwise
affect in any manner a validation under the repealed law. The
validation is preserved and continues to have the same effect that
it would have if the law were not repealed.
(b) Subsection (a) of this section does not diminish the
saving provisions prescribed by Section 311.031, Government Code.
ARTICLE 2. CHANGES RELATING TO ALCOHOLIC BEVERAGE CODE
SECTION 2.001. Section 11.72, Alcoholic Beverage Code, as
amended by Chapters 451 (S.B. 828) and 1190 (S.B. 1090), Acts of the
83rd Legislature, Regular Session, 2013, is reenacted and amended
to read as follows:
Sec. 11.72. DISCIPLINE FOR ACTIONS OF AGENT. The
commission or administrator may suspend or revoke the permit of a
person who is represented by the holder of an agent's permit under
Section 15.01, 35.01 [or a manufacturer's agent's permit as
described by Section 36.01], or 36.01 or otherwise discipline the
person based on an act or omission of the holder of the agent's [or
manufacturer's agent's] permit only if an individual employed by
the person in a supervisory position:
(1) was directly involved in the act or omission of the
holder of the agent's [or manufacturer's agent's] permit;
(2) had notice or knowledge of the act or omission; or
(3) failed to take reasonable steps to prevent the act
or omission.
SECTION 2.002. Section 14.01(a), Alcoholic Beverage Code,
as amended by Chapters 106 (S.B. 905), 195 (S.B. 642), and 1171
(S.B. 652), Acts of the 83rd Legislature, Regular Session, 2013, is
reenacted and amended to read as follows:
(a) The holder of a distiller's and rectifier's permit may:
(1) manufacture distilled spirits;
(2) rectify, purify, and refine distilled spirits and
wines;
(3) mix wines, distilled spirits, or other liquors;
(4) bottle, label, and package the permit holder's
finished products;
(5) sell the finished products in this state to
holders of wholesaler's permits and to qualified persons outside
the state;
(6) purchase distilled spirits, to be used only for
manufacturing or rectification purposes, from holders of
nonresident seller's permits or distiller's and rectifier's
permits;
(7) dispense free distilled spirits for consumption on
the permitted premises under Section 14.04; [and]
(8) sell bulk alcohol produced by the permit holder to
holders of industrial permits in this state; and
(9) [(8)] if located in a wet area, sell distilled
spirits to ultimate consumers under Section 14.04 or 14.05.
ARTICLE 3. CHANGES RELATING TO CIVIL PRACTICE AND REMEDIES CODE
SECTION 3.001. Section 51.014(a), Civil Practice and
Remedies Code, as amended by Chapters 44 (H.B. 200) and 1042 (H.B.
2935), Acts of the 83rd Legislature, Regular Session, 2013, is
reenacted and amended to read as follows:
(a) A person may appeal from an interlocutory order of a
district court, county court at law, statutory probate court, or
county court that:
(1) appoints a receiver or trustee;
(2) overrules a motion to vacate an order that
appoints a receiver or trustee;
(3) certifies or refuses to certify a class in a suit
brought under Rule 42 of the Texas Rules of Civil Procedure;
(4) grants or refuses a temporary injunction or grants
or overrules a motion to dissolve a temporary injunction as
provided by Chapter 65;
(5) denies a motion for summary judgment that is based
on an assertion of immunity by an individual who is an officer or
employee of the state or a political subdivision of the state;
(6) denies a motion for summary judgment that is based
in whole or in part upon a claim against or defense by a member of
the electronic or print media, acting in such capacity, or a person
whose communication appears in or is published by the electronic or
print media, arising under the free speech or free press clause of
the First Amendment to the United States Constitution, or Article
I, Section 8, of the Texas Constitution, or Chapter 73;
(7) grants or denies the special appearance of a
defendant under Rule 120a, Texas Rules of Civil Procedure, except
in a suit brought under the Family Code;
(8) grants or denies a plea to the jurisdiction by a
governmental unit as that term is defined in Section 101.001;
(9) denies all or part of the relief sought by a motion
under Section 74.351(b), except that an appeal may not be taken from
an order granting an extension under Section 74.351;
(10) grants relief sought by a motion under Section
74.351(l);
(11) denies a motion to dismiss filed under Section
90.007; [or]
(12) denies a motion to dismiss filed under Section
27.003; or
(13) [(12)] denies a motion for summary judgment filed
by an electric utility regarding liability in a suit subject to
Section 75.0022.
SECTION 3.002. Section 51.014(b), Civil Practice and
Remedies Code, as amended by Chapters 916 (H.B. 1366) and 1042 (H.B.
2935), Acts of the 83rd Legislature, Regular Session, 2013, is
reenacted to read as follows:
(b) An interlocutory appeal under Subsection (a), other
than an appeal under Subsection (a)(4) or in a suit brought under
the Family Code, stays the commencement of a trial in the trial
court pending resolution of the appeal. An interlocutory appeal
under Subsection (a)(3), (5), (8), or (12) also stays all other
proceedings in the trial court pending resolution of that appeal.
ARTICLE 4. CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE
SECTION 4.001. Articles 39.14(f) and (g), Code of Criminal
Procedure, are amended to correct references to read as follows:
(f) The attorney representing the defendant, or an
investigator, expert, consulting legal counsel, or agent for the
attorney representing the defendant, may allow a defendant,
witness, or prospective witness to view the information provided
under this article, but may not allow that person to have copies of
the information provided, other than a copy of the witness's own
statement. Before allowing that person to view a document or the
witness statement of another under this subsection, the person
possessing the information shall redact the address, telephone
number, driver's license number, social security number, date of
birth, and any bank account or other identifying numbers contained
in the document or witness statement. For purposes of this article
[section], the defendant may not be the agent for the attorney
representing the defendant.
(g) Nothing in this article [section] shall be interpreted
to limit an attorney's ability to communicate regarding his or her
case within the Texas Disciplinary Rules of Professional Conduct,
except for the communication of information identifying any victim
or witness, including name, except as provided in Subsections (e)
and (f), address, telephone number, driver's license number, social
security number, date of birth, and bank account information or any
information that by reference would make it possible to identify a
victim or a witness. Nothing in this subsection shall prohibit the
disclosure of identifying information to an administrative, law
enforcement, regulatory, or licensing agency for the purposes of
making a good faith complaint.
SECTION 4.002. Article 56.02(a), Code of Criminal
Procedure, as amended by Chapters 651 (H.B. 899) and 1345 (S.B.
1192), Acts of the 83rd Legislature, Regular Session, 2013, is
reenacted and amended to read as follows:
(a) A victim, guardian of a victim, or close relative of a
deceased victim is entitled to the following rights within the
criminal justice system:
(1) the right to receive from law enforcement agencies
adequate protection from harm and threats of harm arising from
cooperation with prosecution efforts;
(2) the right to have the magistrate take the safety of
the victim or his family into consideration as an element in fixing
the amount of bail for the accused;
(3) the right, if requested, to be informed:
(A) by the attorney representing the state of
relevant court proceedings, including appellate proceedings, and
to be informed if those proceedings have been canceled or
rescheduled prior to the event; and
(B) by an appellate court of decisions of the
court, after the decisions are entered but before the decisions are
made public;
(4) the right to be informed, when requested, by a
peace officer concerning the defendant's right to bail and the
procedures in criminal investigations and by the district
attorney's office concerning the general procedures in the criminal
justice system, including general procedures in guilty plea
negotiations and arrangements, restitution, and the appeals and
parole process;
(5) the right to provide pertinent information to a
probation department conducting a presentencing investigation
concerning the impact of the offense on the victim and his family by
testimony, written statement, or any other manner prior to any
sentencing of the offender;
(6) the right to receive information regarding
compensation to victims of crime as provided by Subchapter B,
including information related to the costs that may be compensated
under that subchapter and the amount of compensation, eligibility
for compensation, and procedures for application for compensation
under that subchapter, the payment for a medical examination under
Article 56.06 for a victim of a sexual assault, and when requested,
to referral to available social service agencies that may offer
additional assistance;
(7) the right to be informed, upon request, of parole
procedures, to participate in the parole process, to be notified,
if requested, of parole proceedings concerning a defendant in the
victim's case, to provide to the Board of Pardons and Paroles for
inclusion in the defendant's file information to be considered by
the board prior to the parole of any defendant convicted of any
crime subject to this subchapter, and to be notified, if requested,
of the defendant's release;
(8) the right to be provided with a waiting area,
separate or secure from other witnesses, including the offender and
relatives of the offender, before testifying in any proceeding
concerning the offender; if a separate waiting area is not
available, other safeguards should be taken to minimize the
victim's contact with the offender and the offender's relatives and
witnesses, before and during court proceedings;
(9) the right to prompt return of any property of the
victim that is held by a law enforcement agency or the attorney for
the state as evidence when the property is no longer required for
that purpose;
(10) the right to have the attorney for the state
notify the employer of the victim, if requested, of the necessity of
the victim's cooperation and testimony in a proceeding that may
necessitate the absence of the victim from work for good cause;
(11) the right to request victim-offender mediation
coordinated by the victim services division of the Texas Department
of Criminal Justice;
(12) the right to be informed of the uses of a victim
impact statement and the statement's purpose in the criminal
justice system, to complete the victim impact statement, and to
have the victim impact statement considered:
(A) by the attorney representing the state and
the judge before sentencing or before a plea bargain agreement is
accepted; and
(B) by the Board of Pardons and Paroles before an
inmate is released on parole;
(13) for a victim of an assault or sexual assault who
is younger than 17 years of age or whose case involves family
violence, as defined by Section 71.004, Family Code, the right to
have the court consider the impact on the victim of a continuance
requested by the defendant; if requested by the attorney
representing the state or by counsel for the defendant, the court
shall state on the record the reason for granting or denying the
continuance; and
(14) [(16)] if the offense is a capital felony, the
right to:
(A) receive by mail from the court a written
explanation of defense-initiated victim outreach if the court has
authorized expenditures for a defense-initiated victim outreach
specialist;
(B) not be contacted by the victim outreach
specialist unless the victim, guardian, or relative has consented
to the contact by providing a written notice to the court; and
(C) designate a victim service provider to
receive all communications from a victim outreach specialist acting
on behalf of any person.
SECTION 4.003. Article 56.02(c), Code of Criminal
Procedure, as amended by Chapters 651 (H.B. 899) and 1345 (S.B.
1192), Acts of the 83rd Legislature, Regular Session, 2013, is
reenacted to read as follows:
(c) The office of the attorney representing the state, and
the sheriff, police, and other law enforcement agencies shall
ensure to the extent practicable that a victim, guardian of a
victim, or close relative of a deceased victim is afforded the
rights granted by this article and Article 56.021 and, on request,
an explanation of those rights.
SECTION 4.004. Article 59.01(2), Code of Criminal
Procedure, as amended by Chapters 427 (S.B. 529) and 1357 (S.B.
1451), Acts of the 83rd Legislature, Regular Session, 2013, is
reenacted and amended to read as follows:
(2) "Contraband" means property of any nature,
including real, personal, tangible, or intangible, that is:
(A) used in the commission of:
(i) any first or second degree felony under
the Penal Code;
(ii) any felony under Section 15.031(b),
20.05, 21.11, 38.04, or Chapter 43, 20A, 29, 30, 31, 32, 33, 33A, or
35, Penal Code;
(iii) any felony under The Securities Act
(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
(iv) any offense under Chapter 49, Penal
Code, that is punishable as a felony of the third degree or state
jail felony, if the defendant has been previously convicted three
times of an offense under that chapter;
(B) used or intended to be used in the commission
of:
(i) any felony under Chapter 481, Health
and Safety Code (Texas Controlled Substances Act);
(ii) any felony under Chapter 483, Health
and Safety Code;
(iii) a felony under Chapter 151, Finance
Code;
(iv) any felony under Chapter 34, Penal
Code;
(v) a Class A misdemeanor under Subchapter
B, Chapter 365, Health and Safety Code, if the defendant has been
previously convicted twice of an offense under that subchapter;
(vi) any felony under Chapter 32, Human
Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
involves the state Medicaid program;
(vii) a Class B misdemeanor under Chapter
522, Business & Commerce Code;
(viii) a Class A misdemeanor under Section
306.051, Business & Commerce Code;
(ix) any offense under Section 42.10, Penal
Code;
(x) any offense under Section 46.06(a)(1)
or 46.14, Penal Code;
(xi) any offense under Chapter 71, Penal
Code;
(xii) any offense under Section 20.05,
Penal Code; or
(xiii) [(xiv)] an offense under Section
326.002, Business & Commerce Code;
(C) the proceeds gained from the commission of a
felony listed in Paragraph (A) or (B) of this subdivision, a
misdemeanor listed in Paragraph (B)(vii), (ix), (x), or (xi) of
this subdivision, or a crime of violence;
(D) acquired with proceeds gained from the
commission of a felony listed in Paragraph (A) or (B) of this
subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x),
or (xi) of this subdivision, or a crime of violence;
(E) used to facilitate or intended to be used to
facilitate the commission of a felony under Section 15.031 or
43.25, Penal Code; or
(F) used to facilitate or intended to be used to
facilitate the commission of a felony under Section 20A.02 or
Chapter 43, Penal Code.
ARTICLE 5. CHANGES RELATING TO EDUCATION CODE
SECTION 5.001. (a) Section 7.111(a), Education Code, as
amended by Chapters 339 (H.B. 2058) and 1217 (S.B. 1536), Acts of
the 83rd Legislature, Regular Session, 2013, is reenacted to read
as follows:
(a) The board shall provide for the administration of high
school equivalency examinations.
(b) Section 7.111(a-1), Education Code, is amended to
conform to the amendment of Section 7.111(a), Education Code, by
Chapter 1217 (S.B. 1536), Acts of the 83rd Legislature, Regular
Session, 2013, to read as follows:
(a-1) A person who does not have a high school diploma may
take the examination in accordance with rules adopted by the board
if the person is:
(1) over 17 years of age;
(2) 16 years of age or older and:
(A) is enrolled in a Job Corps training program
under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801
et seq.), and its subsequent amendments;
(B) a public agency providing supervision of the
person or having custody of the person under a court order
recommends that the person take the examination; or
(C) is enrolled in the Texas Military
Department's [adjutant general's department's] Seaborne ChalleNGe
Corps; or
(3) required to take the examination under a court
order.
SECTION 5.002. Section 25.007(b), Education Code, as
amended by Chapters 688 (H.B. 2619) and 1354 (S.B. 1404), Acts of
the 83rd Legislature, Regular Session, 2013, is reenacted and
amended to read as follows:
(b) In recognition of the challenges faced by students in
substitute care, the agency shall assist the transition of
substitute care students from one school to another by:
(1) ensuring that school records for a student in
substitute care are transferred to the student's new school not
later than the 10th working day after the date the student begins
enrollment at the school;
(2) developing systems to ease transition of a student
in substitute care during the first two weeks of enrollment at a new
school;
(3) developing procedures for awarding credit,
including partial credit if appropriate, for course work, including
electives, completed by a student in substitute care while enrolled
at another school;
(4) promoting practices that facilitate access by a
student in substitute care to extracurricular programs, summer
programs, credit transfer services, electronic courses provided
under Chapter 30A, and after-school tutoring programs at nominal or
no cost;
(5) establishing procedures to lessen the adverse
impact of the movement of a student in substitute care to a new
school;
(6) entering into a memorandum of understanding with
the Department of Family and Protective Services regarding the
exchange of information as appropriate to facilitate the transition
of students in substitute care from one school to another;
(7) encouraging school districts and open-enrollment
charter schools to provide services for a student in substitute
care in transition when applying for admission to postsecondary
study and when seeking sources of funding for postsecondary study;
(8) requiring school districts, campuses, and
open-enrollment charter schools to accept a referral for special
education services made for a student in substitute care by a school
previously attended by the student;
(9) requiring school districts to provide notice to
the child's educational decision-maker and caseworker regarding
events that may significantly impact the education of a child,
including:
(A) requests or referrals for an evaluation under
Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or
special education under Section 29.003;
(B) admission, review, and dismissal committee
meetings;
(C) manifestation determination reviews required
by Section 37.004(b);
(D) any disciplinary actions under Chapter 37 for
which parental notice is required;
(E) citations issued for Class C misdemeanor
offenses on school property or at school-sponsored activities;
(F) reports of restraint and seclusion required
by Section 37.0021; and
(G) use of corporal punishment as provided by
Section 37.0011; [and]
(10) developing procedures for allowing a student in
substitute care who was previously enrolled in a course required
for graduation the opportunity, to the extent practicable, to
complete the course, at no cost to the student, before the beginning
of the next school year;
(11) ensuring that a student in substitute care who is
not likely to receive a high school diploma before the fifth school
year following the student's enrollment in grade nine, as
determined by the district, has the student's course credit accrual
and personal graduation plan reviewed; [and]
(12) ensuring that a student in substitute care who is
in grade 11 or 12 be provided information regarding tuition and fee
exemptions under Section 54.366 for dual-credit or other courses
provided by a public institution of higher education for which a
high school student may earn joint high school and college credit;
and
(13) [(10)] providing other assistance as identified
by the agency.
SECTION 5.003. Section 39.0302(a), Education Code, is
amended to correct a reference to read as follows:
(a) During an agency investigation or audit of a school
district under Section 39.0301(e) or (f), an accreditation
investigation under Section 39.057(a)(8) or (14) [(13)], or an
investigation by the State Board for Educator Certification of an
educator for an alleged violation of an assessment instrument
security procedure established under Section 39.0301(a), the
commissioner may issue a subpoena to compel the attendance of a
relevant witness or the production, for inspection or copying, of
relevant evidence that is located in this state.
SECTION 5.004. Section 39.057(a), Education Code, as
amended by Chapters 211 (H.B. 5) and 509 (S.B. 123), Acts of the
83rd Legislature, Regular Session, 2013, is reenacted and amended
to read as follows:
(a) The commissioner may authorize special accreditation
investigations to be conducted:
(1) when excessive numbers of absences of students
eligible to be tested on state assessment instruments are
determined;
(2) when excessive numbers of allowable exemptions
from the required state assessment instruments are determined;
(3) in response to complaints submitted to the agency
with respect to alleged violations of civil rights or other
requirements imposed on the state by federal law or court order;
(4) in response to established compliance reviews of
the district's financial accounting practices and state and federal
program requirements;
(5) when extraordinary numbers of student placements
in disciplinary alternative education programs, other than
placements under Sections 37.006 and 37.007, are determined;
(6) in response to an allegation involving a conflict
between members of the board of trustees or between the board and
the district administration if it appears that the conflict
involves a violation of a role or duty of the board members or the
administration clearly defined by this code;
(7) when excessive numbers of students in special
education programs under Subchapter A, Chapter 29, are assessed
through assessment instruments developed or adopted under Section
39.023(b);
(8) in response to an allegation regarding or an
analysis using a statistical method result indicating a possible
violation of an assessment instrument security procedure
established under Section 39.0301, including for the purpose of
investigating or auditing a school district under that section;
(9) when a significant pattern of decreased academic
performance has developed as a result of the promotion in the
preceding two school years of students who did not perform
satisfactorily as determined by the commissioner under Section
39.0241(a) on assessment instruments administered under Section
39.023(a), (c), or (l);
(10) when excessive numbers of students eligible to
enroll fail to complete an Algebra II course or any other advanced
course as determined by the commissioner;
(11) when resource allocation practices as evaluated
under Section 39.0821 indicate a potential for significant
improvement in resource allocation;
(12) when a disproportionate number of students of a
particular demographic group is graduating with a particular
endorsement under Section 28.025(c-1);
(13) when an excessive number of students is
graduating with a particular endorsement under Section
28.025(c-1);
(14) [(13)] in response to a complaint submitted to
the agency with respect to alleged inaccurate data that is reported
through the Public Education Information Management System (PEIMS)
or through other reports required by state or federal law or rule or
court order and that is used by the agency to make a determination
relating to public school accountability, including accreditation,
under this chapter; or
(15) [(14)] as the commissioner otherwise determines
necessary.
SECTION 5.0045. Section 54.5191(a), Education Code, is
amended to read as follows:
(a) The board of regents of the University of North Texas
System may charge each student enrolled at the University of North
Texas an intercollegiate athletics fee in an amount not to exceed
$10 per semester credit hour for each semester or summer session
unless the amount is increased as provided by Subsection (g).
SECTION 5.0046. Section 54.5381(a), Education Code, is
amended to read as follows:
(a) The board of regents of the Texas State University
System may impose an intercollegiate athletics fee on each student
enrolled at a component institution of the Texas State University
System, other than Texas State University, in an amount not to
exceed:
(1) $8.75 per semester credit hour for each regular
semester unless increased as provided by Subsection (d); and
(2) $4.50 per semester credit hour for each summer
session unless increased as provided by Subsection (d).
SECTION 5.005. Section 58.001(a), Education Code, as
amended by Chapter 65 (S.B. 120), Acts of the 83rd Legislature,
Regular Session, 2013, is repealed to conform to the repeal of
Section 58.001, Education Code, by Chapter 1155 (S.B. 215), Acts of
the 83rd Legislature, Regular Session, 2013.
SECTION 5.006. (a) Section 61.0662, Education Code, as
redesignated from Section 61.051(h), Education Code, and
transferred and amended by Chapter 1155 (S.B. 215), Acts of the 83rd
Legislature, Regular Session, 2013, is reenacted to incorporate
amendments to Section 61.051(h), Education Code, made by Chapter
507 (S.B. 67), Acts of the 83rd Legislature, Regular Session, 2013,
and amended to read as follows:
Sec. 61.0662. INFORMATION ON RESEARCH CONDUCTED BY
INSTITUTIONS. (a) The board shall maintain an inventory of all
institutional and programmatic research activities being conducted
by the various institutions of higher education, whether
state-financed or not.
(b) Once a year, on dates prescribed by the board, each
institution of higher education shall report to the board all
research conducted at that institution during the preceding year.
Each institution's report must include the amounts spent by the
institution on human embryonic stem cell research and adult stem
cell research during the year covered by the report and the source
of the funding for that research.
(c) All reports required by this section shall be made
subject to the limitations imposed by security regulations
governing defense contracts for research.
(d) Not later than January 1 of each year, the board shall
submit to the legislature information regarding human stem cell
research obtained by the board from reports required by this
section [subsection].
(b) Section 61.051(h), Education Code, as amended by
Chapter 507 (S.B. 67), Acts of the 83rd Legislature, Regular
Session, 2013, is repealed.
SECTION 5.007. Section 61.051(i), Education Code, as
amended by Chapter 1312 (S.B. 59), Acts of the 83rd Legislature,
Regular Session, 2013, is repealed to conform to the repeal of that
subsection by Chapter 1155 (S.B. 215), Acts of the 83rd
Legislature, Regular Session, 2013.
SECTION 5.008. Section 73.115(g), Education Code, as added
by Chapter 1366 (S.B. 1604), Acts of the 83rd Legislature, Regular
Session, 2013, is repealed as duplicative of Section 73.115(g),
Education Code, as added by Chapter 1346 (S.B. 1195), Acts of the
83rd Legislature, Regular Session, 2013.
ARTICLE 6. CHANGES RELATING TO ELECTION CODE
SECTION 6.001. Section 143.003(b), Election Code, is
repealed as executed.
SECTION 6.002. Section 171.024(b), Election Code, as
amended by Chapters 1054 (H.B. 3102) and 1262 (H.B. 630), Acts of
the 83rd Legislature, Regular Session, 2013, is reenacted and
amended to read as follows:
(b) [The state executive committee shall adopt rules
regarding how many members of the county executive committee
constitute a quorum for the purpose of filling a vacancy.] A
majority of the committee's membership must participate in filling
a vacancy in the office of county chair. To be elected, a person
must receive a favorable vote of a majority of the members voting.
ARTICLE 7. CHANGES RELATING TO FAMILY CODE
SECTION 7.001. Section 31.006, Family Code, is amended to
correct a reference to read as follows:
Sec. 31.006. EFFECT OF GENERAL REMOVAL. Except for
specific constitutional and statutory age requirements, a minor
whose disabilities are removed for general purposes has the
capacity of an adult, including the capacity to contract. Except as
provided by federal law, all educational rights accorded to the
parent of a student, including the right to make education
decisions under Section 151.001(a)(10) [151.003(a)(10)], transfer
to the minor whose disabilities are removed for general purposes.
SECTION 7.002. Section 58.00711, Family Code, as amended by
Chapters 1257 (H.B. 528) and 1319 (S.B. 394), Acts of the 83rd
Legislature, Regular Session, 2013, is reenacted and amended to
read as follows:
Sec. 58.00711. RECORDS RELATING TO CHILDREN CHARGED WITH,
[OR] CONVICTED OF, OR RECEIVING DEFERRED DISPOSITION FOR FINE-ONLY
MISDEMEANORS. (a) This section applies only to a misdemeanor
offense punishable by fine only, other than a traffic offense.
(b) Except as provided by Article 45.0217(b), Code of
Criminal Procedure, all records and files and information stored by
electronic means or otherwise, from which a record or file could be
generated, relating to a child who is charged with, is convicted of,
is found not guilty of, had a charge dismissed for, [or who has
received a dismissal after deferral of disposition for] or is
granted deferred disposition for an offense described by Subsection
(a) are confidential and may not be disclosed to the public.
SECTION 7.003. Section 58.204(b), Family Code, as amended
by Chapters 871 (H.B. 694) and 1299 (H.B. 2862), Acts of the 83rd
Legislature, Regular Session, 2013, is reenacted and amended to
read as follows:
(b) On certification of records in a case under Section
58.203, the department may permit access to the information in the
juvenile justice information system relating to the case of an
individual only:
(1) by a criminal justice agency for a criminal
justice purpose, as those terms are defined by Section 411.082,
Government Code;
(2) for research purposes, by the Texas Juvenile
Justice Department;
(3) by the person who is the subject of the records on
an order from the juvenile court granting the petition filed by or
on behalf of the person who is the subject of the records;
(4) with the permission of the juvenile court at the
request of the person who is the subject of the records; [or]
(5) with the permission of the juvenile court, by a
party to a civil suit if the person who is the subject of the records
has put facts relating to the person's records at issue in the suit;
or
(6) [(3)] with the written permission of the
individual, by military personnel, including a recruiter, of this
state or the United States if the individual is an applicant for
enlistment in the armed forces.
SECTION 7.004. Section 264.121(a-1), Family Code, as
amended by Chapters 168 (S.B. 1589) and 342 (H.B. 2111), Acts of the
83rd Legislature, Regular Session, 2013, is reenacted and amended
to read as follows:
(a-1) The department shall require a foster care provider to
provide or assist youth who are age 14 or older in obtaining
experiential life-skills training to improve their transition to
independent living. Experiential life-skills training must be
tailored to a youth's skills and abilities and must include
training in practical activities that include grocery shopping,
meal preparation and cooking, [and] performing basic household
tasks, and, when appropriate, using public transportation.
SECTION 7.005. Section 264.121(f), Family Code, as amended
by Chapters 168 (S.B. 1589) and 342 (H.B. 2111), Acts of the 83rd
Legislature, Regular Session, 2013, is reenacted and amended to
read as follows:
(f) The department shall require a person with whom the
department contracts for transitional living services for foster
youth to provide or assist youth in obtaining:
(1) housing services;
(2) job training and employment services;
(3) college preparation services;
(4) services that will assist youth in obtaining a
general education development certificate;
(5) services that will assist youth in developing
skills in food preparation;
(6) nutrition education that promotes healthy food
choices; [and]
(7) [(5)] a savings or checking account if the youth
is at least 18 years of age and has a source of income; and
(8) [(7)] any other appropriate transitional living
service identified by the department.
ARTICLE 8. CHANGES RELATING TO FINANCE CODE
SECTION 8.001. Section 348.005, Finance Code, as amended by
Chapters 355 (H.B. 2462), 1135 (H.B. 2741), and 1287 (H.B. 2202),
Acts of the 83rd Legislature, Regular Session, 2013, is reenacted
and amended to read as follows:
Sec. 348.005. ITEMIZED CHARGE. An amount in a retail
installment contract is an itemized charge if the amount is not
included in the cash price and is the amount of:
(1) fees for registration, certificate of title, and
license and any additional registration fees charged by a deputy as
authorized by rules adopted under Section 520.0071 [520.008],
Transportation Code;
(2) any taxes;
(3) fees or charges prescribed by law and connected
with the sale or inspection of the motor vehicle; and
(4) charges authorized for insurance, service
contracts, warranties, automobile club memberships, or a debt
cancellation agreement by Subchapter C.
ARTICLE 9. CHANGES RELATING TO GOVERNMENT CODE
PART A. GENERAL CHANGES
SECTION 9.001. Section 411.081(d), Government Code, is
amended to correct an error in punctuation to read as follows:
(d) Notwithstanding any other provision of this subchapter,
if a person is placed on deferred adjudication community
supervision under Section 5, Article 42.12, Code of Criminal
Procedure, subsequently receives a discharge and dismissal under
Section 5(c), Article 42.12, and satisfies the requirements of
Subsection (e), the person may petition the court that placed the
defendant on deferred adjudication for an order of nondisclosure
under this subsection. Except as provided by Subsection (e), a
person may petition the court for an order of nondisclosure
regardless of whether the person has been previously placed on
deferred adjudication community supervision for another offense.
After notice to the state, an opportunity for a hearing, and a
determination that the person is entitled to file the petition and
issuance of the order is in the best interest of justice, the court
shall issue an order prohibiting criminal justice agencies from
disclosing to the public criminal history record information
related to the offense giving rise to the deferred adjudication. A
criminal justice agency may disclose criminal history record
information that is the subject of the order only to other criminal
justice agencies[,] for criminal justice or regulatory licensing
purposes, an agency or entity listed in Subsection (i), or the
person who is the subject of the order. A person may petition the
court that placed the person on deferred adjudication for an order
of nondisclosure only on or after:
(1) the discharge and dismissal, if the offense for
which the person was placed on deferred adjudication was a
misdemeanor other than a misdemeanor described by Subdivision (2);
(2) the second anniversary of the discharge and
dismissal, if the offense for which the person was placed on
deferred adjudication was a misdemeanor under Chapter 20, 21, 22,
25, 42, or 46, Penal Code; or
(3) the fifth anniversary of the discharge and
dismissal, if the offense for which the person was placed on
deferred adjudication was a felony.
SECTION 9.002. Section 411.081(i), Government Code, as
amended by Chapters 42 (S.B. 966), 266 (H.B. 729), and 583 (S.B.
869), Acts of the 83rd Legislature, Regular Session, 2013, is
reenacted and amended to read as follows:
(i) A criminal justice agency may disclose criminal history
record information that is the subject of an order of nondisclosure
under Subsection (d) to the following noncriminal justice agencies
or entities only:
(1) the State Board for Educator Certification;
(2) a school district, charter school, private school,
regional education service center, commercial transportation
company, or education shared service arrangement;
(3) the Texas Medical Board;
(4) the Texas School for the Blind and Visually
Impaired;
(5) the Board of Law Examiners;
(6) the State Bar of Texas;
(7) a district court regarding a petition for name
change under Subchapter B, Chapter 45, Family Code;
(8) the Texas School for the Deaf;
(9) the Department of Family and Protective Services;
(10) the Texas Juvenile Justice Department;
(11) the Department of Assistive and Rehabilitative
Services;
(12) the Department of State Health Services, a local
mental health service, a local mental retardation authority, or a
community center providing services to persons with mental illness
or retardation;
(13) the Texas Private Security Board;
(14) a municipal or volunteer fire department;
(15) the Texas Board of Nursing;
(16) a safe house providing shelter to children in
harmful situations;
(17) a public or nonprofit hospital or hospital
district, or a facility as defined by Section 250.001, Health and
Safety Code;
(18) the securities commissioner, the banking
commissioner, the savings and mortgage lending commissioner, the
consumer credit commissioner, or the credit union commissioner;
(19) the Texas State Board of Public Accountancy;
(20) the Texas Department of Licensing and Regulation;
(21) the Health and Human Services Commission;
(22) the Department of Aging and Disability Services;
(23) the Texas Education Agency;
(24) the Judicial Branch Certification Commission;
(25) a county clerk's office in relation to a
proceeding for the appointment of a guardian under Title 3, Estates
[Chapter XIII, Texas Probate] Code;
(26) the Department of Information Resources but only
regarding an employee, applicant for employment, contractor,
subcontractor, intern, or volunteer who provides network security
services under Chapter 2059 to:
(A) the Department of Information Resources; or
(B) a contractor or subcontractor of the
Department of Information Resources;
(27) the Texas Department of Insurance;
(28) the Teacher Retirement System of Texas; and
(29) [(30)] the Texas State Board of Pharmacy.
SECTION 9.003. Section 411.179(a), Government Code, as
amended by Chapters 396 (S.B. 164) and 1302 (H.B. 3142), Acts of the
83rd Legislature, Regular Session, 2013, is reenacted and amended
to read as follows:
(a) The department by rule shall adopt the form of the
license. A license must include:
(1) a number assigned to the license holder by the
department;
(2) a statement of the period for which the license is
effective;
(3) a color photograph of the license holder;
(4) the license holder's full name, date of birth, hair
and eye color, height, weight, and signature;
(5) the license holder's residence address or, as
provided by Subsection (d), the street address of the courthouse in
which the license holder or license holder's spouse serves as a
federal judge or the license holder serves as a state judge;
(6) the number of a driver's license or an
identification certificate issued to the license holder by the
department; and
(7) [(8)] the designation "VETERAN" if required under
Subsection (e).
SECTION 9.004. Section 411.185(a), Government Code, as
amended by Chapters 156 (S.B. 864) and 1387 (H.B. 48), Acts of the
83rd Legislature, Regular Session, 2013, is reenacted to read as
follows:
(a) To renew a license, a license holder must, on or before
the date the license expires, submit to the department by mail or,
in accordance with the procedure adopted under Subsection (f), on
the Internet:
(1) a renewal application on a form provided by the
department;
(2) payment of a nonrefundable renewal fee as set by
the department; and
(3) the informational form described by Subsection (c)
signed or electronically acknowledged by the applicant.
SECTION 9.005. Section 411.188(a), Government Code, as
amended by Chapters 156 (S.B. 864) and 1302 (H.B. 3142), Acts of the
83rd Legislature, Regular Session, 2013, is amended to conform to
Chapter 1387 (H.B. 48), Acts of the 83rd Legislature, Regular
Session, 2013, to read as follows:
(a) The director by rule shall establish minimum standards
for handgun proficiency and shall develop a course to teach handgun
proficiency and examinations to measure handgun proficiency. The
course to teach handgun proficiency is required for each person who
seeks to obtain [or renew] a license and must contain training
sessions divided into two parts. One part of the course must be
classroom instruction and the other part must be range instruction
and an actual demonstration by the applicant of the applicant's
ability to safely and proficiently use a handgun. An applicant must
be able to demonstrate, at a minimum, the degree of proficiency that
is required to effectively operate a handgun of .32 caliber or
above. The department shall distribute the standards, course
requirements, and examinations on request to any qualified handgun
instructor.
SECTION 9.006. Section 411.188(j), Government Code, as
amended by Chapter 156 (S.B. 864), Acts of the 83rd Legislature,
Regular Session, 2013, is repealed to conform to the repeal of
Section 411.188(j), Government Code, by Chapter 1387 (H.B. 48),
Acts of the 83rd Legislature, Regular Session, 2013.
SECTION 9.007. Section 411.199(e), Government Code, as
amended by Chapter 1302 (H.B. 3142), Acts of the 83rd Legislature,
Regular Session, 2013, is repealed to conform to the repeal of
Section 411.199(e), Government Code, by Chapter 1387 (H.B. 48),
Acts of the 83rd Legislature, Regular Session, 2013.
SECTION 9.008. Section 552.1175(a), Government Code, as
amended by Chapters 937 (H.B. 1632) and 1033 (H.B. 2733), Acts of
the 83rd Legislature, Regular Session, 2013, is reenacted and
amended to read as follows:
(a) This section applies only to:
(1) peace officers as defined by Article 2.12, Code of
Criminal Procedure;
(2) county jailers as defined by Section 1701.001,
Occupations Code;
(3) current or former employees of the Texas
Department of Criminal Justice or of the predecessor in function of
the department or any division of the department;
(4) commissioned security officers as defined by
Section 1702.002, Occupations Code;
(5) employees of a district attorney, criminal
district attorney, or county or municipal attorney whose
jurisdiction includes any criminal law or child protective services
matters;
(6) officers and employees of a community supervision
and corrections department established under Chapter 76 who perform
a duty described by Section 76.004(b);
(7) criminal investigators of the United States as
described by Article 2.122(a), Code of Criminal Procedure;
(8) police officers and inspectors of the United
States Federal Protective Service;
(9) current and former employees of the office of the
attorney general who are or were assigned to a division of that
office the duties of which involve law enforcement; [and]
(10) juvenile probation and detention officers
certified by the Texas Juvenile Justice Department, or the
predecessors in function of the department, under Title 12, Human
Resources Code;
(11) employees of a juvenile justice program or
facility, as those terms are defined by Section 261.405, Family
Code; [and]
(12) current or former employees of the Texas Juvenile
Justice Department or the predecessors in function of the
department; and
(13) [(10)] federal judges and state judges as defined
by Section 13.0021, Election Code.
SECTION 9.009. Section 772.0061(a)(2), Government Code, as
amended by Chapters 747 (S.B. 462) and 1167 (S.B. 484), Acts of the
83rd Legislature, Regular Session, 2013, is reenacted and amended
to conform to changes made by Chapter 747 (S.B. 462), Acts of the
83rd Legislature, Regular Session, 2013, and Section 21.001 of this
Act to read as follows:
(2) "Specialty court" means:
(A) a prostitution prevention program
established under Chapter 126 or former law [Chapter 169A, Health
and Safety Code];
(B) a family drug court program established under
Chapter 122 or former law;
(C) [(B)] a drug court program established under
Chapter 123 or former law;
(D) [(C)] a veterans court program established
under Chapter 124 or former law; and
(E) [(D)] a mental health court program
established under Chapter 125 or former law.
SECTION 9.010. Section 2262.101, Government Code, as
amended by Chapters 676 (H.B. 1965) and 1227 (S.B. 1681), Acts of
the 83rd Legislature, Regular Session, 2013, is reenacted and
amended to read as follows:
Sec. 2262.101. CREATION; DUTIES. (a) The Contract
Advisory Team is created to assist state agencies in improving
contract management practices by:
(1) reviewing and making recommendations on the
solicitation documents and contract documents for contracts of
state agencies that have a value of at least $10 million;
(2) reviewing any findings or recommendations made by
the state auditor, including those made under Section 2262.052(b),
regarding a state agency's compliance with the contract management
guide;
(3) providing recommendations to the comptroller
regarding:
(A) the development of the contract management
guide; and
(B) the training under Section 2262.053;
(4) providing recommendations and assistance to state
agency personnel throughout the contract management process;
(5) coordinating and consulting with the quality
assurance team established under Section 2054.158 on all contracts
relating to a major information resources project; [and]
(6) [(4)] developing and recommending policies and
procedures to improve state agency contract management practices;
(7) [(5)] developing and recommending procedures to
improve state agency contracting practices by including
consideration for best value; and
(8) [(6)] creating and periodically performing a risk
assessment to determine the appropriate level of management and
oversight of contracts by state agencies.
(b) The risk assessment created and performed [reviewed]
under Subsection (a)(8) [(a)(6)] must include[, but is not limited
to] the following criteria:
(1) the amount of appropriations to the agency;
(2) total contract value as a percentage of
appropriations to the agency; or
(3) the impact of the functions and duties of the state
agency on the health, safety, and well-being of residents
[citizens].
(c) The comptroller shall oversee the activities of the
team, including ensuring that the team carries out its duties under
Subsections [Subsection] (a)(5) and (a)(7).
(d) A state agency shall:
(1) comply with a recommendation made under Subsection
(a)(1); or
(2) submit a written explanation regarding why the
recommendation is not applicable to the contract under review.
(e) The team may review documents under Subsection (a)(1)
only for compliance with contract management and best practices
principles and may not make a recommendation regarding the purpose
or subject of the contract.
(f) The team may develop an expedited process for reviewing
solicitations under Subsection (a)(1) for contracts:
(1) that the team identifies as posing a low risk of
loss to the state; or
(2) for which templates will be used more than once by
a state agency.
SECTION 9.011. Sections 2306.5621(a)(10), (11), (12),
(13), (14), and (15), Government Code, as added by Chapter 405 (S.B.
286), Acts of the 83rd Legislature, Regular Session, 2013, are
repealed as duplicative of Sections 2306.5621(a)(11), (12), (13),
(14), (15), and (16), Government Code, as added by Chapter 1219
(S.B. 1553), Acts of the 83rd Legislature, Regular Session, 2013.
SECTION 9.012. Section 2306.6719(e), Government Code, as
added by Chapter 556 (S.B. 659), Acts of the 83rd Legislature,
Regular Session, 2013, is repealed as duplicative of Section
2306.6719(e), Government Code, as added by Chapter 1079 (H.B.
3361), Acts of the 83rd Legislature, Regular Session, 2013.
PART B. UPDATE OF COURT FEES AND COSTS
SECTION 9.101. Section 51.709, Government Code, as added by
Chapter 1246 (S.B. 1891), Acts of the 83rd Legislature, Regular
Session, 2013, is redesignated as Section 51.710, Government Code.
SECTION 9.102. (a) Section 101.021, Government Code, is
amended to read as follows:
Sec. 101.021. SUPREME COURT FEES AND COSTS: GOVERNMENT
CODE. The clerk of the supreme court shall collect fees and costs
as follows:
(1) application for petition for review (Sec. 51.005,
Government Code) . . . $50;
(2) additional fee if application for petition for
review is granted (Sec. 51.005, Government Code) . . . $75;
(3) motion for leave to file petition for writ of
mandamus, prohibition, injunction, and other similar proceedings
originating in the supreme court (Sec. 51.005, Government Code)
. . . $50;
(4) additional fee if a motion under Subdivision (3)
is granted (Sec. 51.005, Government Code) . . . $75;
(5) certified question from a federal court of appeals
to the supreme court (Sec. 51.005, Government Code) . . . $75;
(6) case appealed to the supreme court from the
district court by direct appeal (Sec. 51.005, Government Code)
. . . $100;
(7) any other proceeding filed in the supreme court
(Sec. 51.005, Government Code) . . . $75;
(8) administering an oath and giving a sealed
certificate of the oath (Sec. 51.005, Government Code) . . . $5;
(9) making certain copies, including certificate and
seal (Sec. 51.005, Government Code) . . . $5, or $0.50 per page if
more than 10 pages;
(10) any official service performed by the clerk for
which a fee is not otherwise provided (Sec. 51.005, Government
Code) . . . reasonable amount set by order or rule of supreme court;
(10-a) supreme court support account filing fee (Sec.
51.0051, Government Code) . . . amount set by the supreme court,
not to exceed $50;
(11) issuance of attorney's license or certificate
(Sec. 51.006, Government Code) . . . $10; [and]
(12) additional filing fee to fund civil legal
services for the indigent (Sec. 51.941, Government Code) . . . $25;
and
(13) statewide electronic filing system fund fee (Sec.
51.851, Government Code) . . . $20.
(b) Section 101.0211, Government Code, is repealed.
SECTION 9.103. (a) Section 101.041, Government Code, is
amended to read as follows:
Sec. 101.041. COURT OF APPEALS FEES AND COSTS: GOVERNMENT
CODE. The clerk of a court of appeals shall collect fees and costs
as follows:
(1) for cases appealed to and filed in the court of
appeals from the district and county courts within its court of
appeals district (Sec. 51.207, Government Code) . . . $100;
(2) motion for leave to file petition for writ of
mandamus, prohibition, injunction, and other similar proceedings
originating in the court of appeals (Sec. 51.207, Government Code)
. . . $50;
(3) additional fee if the motion under Subdivision (2)
is granted (Sec. 51.207, Government Code) . . . $75;
(4) motion to file or to extend time to file record on
appeal from district or county court (Sec. 51.207, Government Code)
. . . $10;
(5) administering an oath and giving a sealed
certificate of oath (Sec. 51.207, Government Code) . . . $5;
(6) certified copy of papers of record in court
offices, including certificate and seal (Sec. 51.207, Government
Code) . . . $5, or $1 per page if more than five pages;
(7) comparing any document with the original filed in
the offices of the court for purposes of certification (Sec.
51.207, Government Code) . . . $5, or $1 per page if more than five
pages;
(8) any official service performed by the clerk for
which a fee is not otherwise provided (Sec. 51.207, Government
Code) . . . a reasonable fee set by the order or rule of the supreme
court;
(8-a) supreme court support account filing fee (Sec.
51.208, Government Code) . . . amount set by the supreme court, not
to exceed $50; [and]
(9) additional filing fee to fund civil legal services
for the indigent (Sec. 51.941, Government Code) . . . $25; and
(10) statewide electronic filing system fund fee (Sec.
51.851, Government Code) . . . $20.
(b) Section 101.0411, Government Code, is repealed.
SECTION 9.104. (a) Section 101.0611, Government Code, as
amended by Section 1.03, Chapter 927 (H.B. 1513), Acts of the 83rd
Legislature, Regular Session, 2013, is amended to read as follows:
Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT
CODE. The clerk of a district court shall collect fees and costs
under the Government Code as follows:
(1) appellate judicial system filing fees for:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . $5;
(C) Third Court of Appeals District (Sec.
22.2041, Government Code) . . . $5;
(D) Fourth Court of Appeals District (Sec.
22.2051, Government Code) . . . not more than $5;
(E) Fifth Court of Appeals District (Sec.
22.2061, Government Code) . . . not more than $5;
(E-1) Sixth Court of Appeals District (Sec.
22.2071, Government Code) . . . $5;
(E-2) Seventh Court of Appeals District (Sec.
22.2081, Government Code) . . . $5;
(E-3) Eighth Court of Appeals District (Sec.
22.2091, Government Code) . . . $5;
(F) Ninth Court of Appeals District (Sec.
22.2101, Government Code) . . . $5;
(G) Eleventh Court of Appeals District (Sec.
22.2121, Government Code) . . . $5;
(G-1) Twelfth Court of Appeals District (Sec.
22.2131, Government Code) . . . $5; and
(H) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5;
(2) when administering a case for the Rockwall County
Court at Law (Sec. 25.2012, Government Code) . . . civil fees and
court costs as if the case had been filed in district court;
(3) additional filing fees:
(A) for each suit filed for insurance contingency
fund, if authorized by the county commissioners court (Sec. 51.302,
Government Code) . . . not to exceed $5;
(B) to fund the improvement of Dallas County
civil court facilities, if authorized by the county commissioners
court (Sec. 51.705, Government Code) . . . not more than $15;
(B-1) to fund the improvement of Bexar County
court facilities, if authorized by the county commissioners court
(Sec. 51.706, Government Code) . . . not more than $15;
(C) to fund the improvement of Hays County court
facilities, if authorized by the county commissioners court (Sec.
51.707, Government Code) . . . not more than $15; [and]
(D) to fund the preservation of court records
(Sec. 51.708, Government Code) . . . not more than $10;
(E) to fund the construction, renovation, or
improvement of Rockwall County court facilities, if authorized by
the county commissioners court (Sec. 51.709, Government Code) . . .
not more than $15; and
(F) to fund the construction, renovation, or
improvement of Travis County court facilities, if authorized by the
county commissioners court (Sec. 51.710, Government Code) . . . not
more than $15;
(4) for filing a suit, including an appeal from an
inferior court:
(A) for a suit with 10 or fewer plaintiffs (Sec.
51.317, Government Code) . . . $50;
(B) for a suit with at least 11 but not more than
25 plaintiffs (Sec. 51.317, Government Code) . . . $75;
(C) for a suit with at least 26 but not more than
100 plaintiffs (Sec. 51.317, Government Code) . . . $100;
(D) for a suit with at least 101 but not more than
500 plaintiffs (Sec. 51.317, Government Code) . . . $125;
(E) for a suit with at least 501 but not more than
1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or
(F) for a suit with more than 1,000 plaintiffs
(Sec. 51.317, Government Code) . . . $200;
(5) for filing a cross-action, counterclaim,
intervention, contempt action, motion for new trial, or third-party
petition (Sec. 51.317, Government Code) . . . $15;
(6) for issuing a citation or other writ or process not
otherwise provided for, including one copy, when requested at the
time a suit or action is filed (Sec. 51.317, Government Code) . . .
$8;
(7) for records management and preservation (Sec.
51.317, Government Code) . . . $10;
(7-a) for district court records archiving, if adopted
by the county commissioners court (Sec. 51.317(b)(5), Government
Code) . . . not more than $10;
(8) for issuing a subpoena, including one copy (Sec.
51.318, Government Code) . . . $8;
(9) for issuing a citation, commission for deposition,
writ of execution, order of sale, writ of execution and order of
sale, writ of injunction, writ of garnishment, writ of attachment,
or writ of sequestration not provided for in Section 51.317, or any
other writ or process not otherwise provided for, including one
copy if required by law (Sec. 51.318, Government Code) . . . $8;
(10) for searching files or records to locate a cause
when the docket number is not provided (Sec. 51.318, Government
Code) . . . $5;
(11) for searching files or records to ascertain the
existence of an instrument or record in the district clerk's office
(Sec. 51.318, Government Code) . . . $5;
(12) for abstracting a judgment (Sec. 51.318,
Government Code) . . . $8;
(13) for approving a bond (Sec. 51.318, Government
Code) . . . $4;
(14) for a certified copy of a record, judgment,
order, pleading, or paper on file or of record in the district
clerk's office, including certificate and seal, for each page or
part of a page (Sec. 51.318, Government Code) . . . not to exceed
$1;
(15) for a noncertified copy, for each page or part of
a page (Sec. 51.318, Government Code) . . . not to exceed $1;
(16) fee for performing a service:
(A) related to the matter of the estate of a
deceased person (Sec. 51.319, Government Code) . . . the same fee
allowed the county clerk for those services;
(B) related to the matter of a minor (Sec.
51.319, Government Code) . . . the same fee allowed the county
clerk for the service;
(C) of serving process by certified or registered
mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or
constable is authorized to charge for the service under Section
118.131, Local Government Code; and
(D) prescribed or authorized by law but for which
no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee;
(17) jury fee (Sec. 51.604, Government Code) . . .
$30;
(18) additional filing fee for family protection on
filing a suit for dissolution of a marriage under Chapter 6, Family
Code (Sec. 51.961, Government Code) . . . not to exceed $15; [and]
(19) at a hearing held by an associate judge appointed
under Subchapter B, Chapter 54A, Government Code, a court cost to
preserve the record, in the absence of a court reporter, by any
means approved by the associate judge (Sec. 54A.110, Government
Code) . . . as assessed by the referring court or associate judge;
and
(20) statewide electronic filing system fund fee (Sec.
51.851, Government Code) . . . $20.
(b) Section 101.0611, Government Code, as amended by
Section 2.03, Chapter 927 (H.B. 1513), Acts of the 83rd
Legislature, Regular Session, 2013, effective September 1, 2019, is
amended to read as follows:
Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT
CODE. The clerk of a district court shall collect fees and costs
under the Government Code as follows:
(1) appellate judicial system filing fees for:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . $5;
(C) Third Court of Appeals District (Sec.
22.2041, Government Code) . . . $5;
(D) Fourth Court of Appeals District (Sec.
22.2051, Government Code) . . . not more than $5;
(E) Fifth Court of Appeals District (Sec.
22.2061, Government Code) . . . not more than $5;
(E-1) Sixth Court of Appeals District (Sec.
22.2071, Government Code) . . . $5;
(E-2) Seventh Court of Appeals District (Sec.
22.2081, Government Code) . . . $5;
(E-3) Eighth Court of Appeals District (Sec.
22.2091, Government Code) . . . $5;
(F) Ninth Court of Appeals District (Sec.
22.2101, Government Code) . . . $5;
(G) Eleventh Court of Appeals District (Sec.
22.2121, Government Code) . . . $5;
(G-1) Twelfth Court of Appeals District (Sec.
22.2131, Government Code) . . . $5; and
(H) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5;
(2) when administering a case for the Rockwall County
Court at Law (Sec. 25.2012, Government Code) . . . civil fees and
court costs as if the case had been filed in district court;
(3) additional filing fees:
(A) for each suit filed for insurance contingency
fund, if authorized by the county commissioners court (Sec. 51.302,
Government Code) . . . not to exceed $5;
(B) to fund the improvement of Dallas County
civil court facilities, if authorized by the county commissioners
court (Sec. 51.705, Government Code) . . . not more than $15;
(B-1) to fund the improvement of Bexar County
court facilities, if authorized by the county commissioners court
(Sec. 51.706, Government Code) . . . not more than $15;
(C) to fund the improvement of Hays County court
facilities, if authorized by the county commissioners court (Sec.
51.707, Government Code) . . . not more than $15; [and]
(D) to fund the preservation of court records
(Sec. 51.708, Government Code) . . . not more than $10;
(E) to fund the construction, renovation, or
improvement of Rockwall County court facilities, if authorized by
the county commissioners court (Sec. 51.709, Government Code) . . .
not more than $15; and
(F) to fund the construction, renovation, or
improvement of Travis County court facilities, if authorized by the
county commissioners court (Sec. 51.710, Government Code) . . . not
more than $15;
(4) for filing a suit, including an appeal from an
inferior court:
(A) for a suit with 10 or fewer plaintiffs (Sec.
51.317, Government Code) . . . $50;
(B) for a suit with at least 11 but not more than
25 plaintiffs (Sec. 51.317, Government Code) . . . $75;
(C) for a suit with at least 26 but not more than
100 plaintiffs (Sec. 51.317, Government Code) . . . $100;
(D) for a suit with at least 101 but not more than
500 plaintiffs (Sec. 51.317, Government Code) . . . $125;
(E) for a suit with at least 501 but not more than
1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or
(F) for a suit with more than 1,000 plaintiffs
(Sec. 51.317, Government Code) . . . $200;
(5) for filing a cross-action, counterclaim,
intervention, contempt action, motion for new trial, or third-party
petition (Sec. 51.317, Government Code) . . . $15;
(6) for issuing a citation or other writ or process not
otherwise provided for, including one copy, when requested at the
time a suit or action is filed (Sec. 51.317, Government Code) . . .
$8;
(7) for records management and preservation (Sec.
51.317, Government Code) . . . $10;
(7-a) for district court records archiving, if adopted
by the county commissioners court (Sec. 51.317(b)(5), Government
Code) . . . not more than $5;
(8) for issuing a subpoena, including one copy (Sec.
51.318, Government Code) . . . $8;
(9) for issuing a citation, commission for deposition,
writ of execution, order of sale, writ of execution and order of
sale, writ of injunction, writ of garnishment, writ of attachment,
or writ of sequestration not provided for in Section 51.317, or any
other writ or process not otherwise provided for, including one
copy if required by law (Sec. 51.318, Government Code) . . . $8;
(10) for searching files or records to locate a cause
when the docket number is not provided (Sec. 51.318, Government
Code) . . . $5;
(11) for searching files or records to ascertain the
existence of an instrument or record in the district clerk's office
(Sec. 51.318, Government Code) . . . $5;
(12) for abstracting a judgment (Sec. 51.318,
Government Code) . . . $8;
(13) for approving a bond (Sec. 51.318, Government
Code) . . . $4;
(14) for a certified copy of a record, judgment,
order, pleading, or paper on file or of record in the district
clerk's office, including certificate and seal, for each page or
part of a page (Sec. 51.318, Government Code) . . . not to exceed
$1;
(15) for a noncertified copy, for each page or part of
a page (Sec. 51.318, Government Code) . . . not to exceed $1;
(16) fee for performing a service:
(A) related to the matter of the estate of a
deceased person (Sec. 51.319, Government Code) . . . the same fee
allowed the county clerk for those services;
(B) related to the matter of a minor (Sec.
51.319, Government Code) . . . the same fee allowed the county
clerk for the service;
(C) of serving process by certified or registered
mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or
constable is authorized to charge for the service under Section
118.131, Local Government Code; and
(D) prescribed or authorized by law but for which
no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee;
(17) jury fee (Sec. 51.604, Government Code) . . .
$30;
(18) additional filing fee for family protection on
filing a suit for dissolution of a marriage under Chapter 6, Family
Code (Sec. 51.961, Government Code) . . . not to exceed $15; [and]
(19) at a hearing held by an associate judge appointed
under Subchapter B, Chapter 54A, Government Code, a court cost to
preserve the record, in the absence of a court reporter, by any
means approved by the associate judge (Sec. 54A.110, Government
Code) . . . as assessed by the referring court or associate judge;
and
(20) statewide electronic filing system fund fee (Sec.
51.851, Government Code) . . . $20.
(c) Sections 101.06118, 101.061191, and 101.06120,
Government Code, are repealed.
SECTION 9.105. Section 101.0616, Government Code, is
amended to conform to Chapter 680 (H.B. 2502), Acts of the 81st
Legislature, Regular Session, 2009, and Chapter 982 (H.B. 2080),
Acts of the 83rd Legislature, Regular Session, 2013, and is further
amended to read as follows:
Sec. 101.0616. DISTRICT COURT FEES AND COSTS: ESTATES
[TEXAS PROBATE] CODE. The clerk of a district court shall collect
fees and costs under the Estates [Texas Probate] Code as follows:
(1) security deposit on filing, by any person other
than the personal representative of an estate, an application,
complaint, or opposition in relation to the estate, if required by
the clerk (Sec. 53.052, Estates Code) [(Sec. 12, Texas Probate
Code)] . . . probable cost of the proceeding;
(2) fee on filing an application, complaint, petition,
or other paper in a guardianship proceeding, which includes a
deposit for payment to an attorney ad litem (Sec. 1052.051, Estates
Code) . . . cost of filing and payment of attorney ad litem;
(3) security deposit on filing, by any person other
than the guardian, attorney ad litem, or guardian ad litem, an
application, complaint, or opposition in relation to a guardianship
matter, if required by the clerk (Sec. 1053.052, Estates Code)
[(Sec. 622, Texas Probate Code)] . . . probable cost of the
guardianship proceeding; [and]
(4) nonrefundable fee to cover the cost of
administering Subchapter G, Chapter 1104, Estates Code (Sec.
1104.303, Estates Code) . . . $40; and
(5) [(3)] costs for attorney ad litem appointed to
pursue the restoration of a ward's capacity or modification of the
ward's guardianship (Sec. 1202.102, Estates Code) [(Secs. 694C and
694L, Texas Probate Code)] . . . reasonable compensation.
SECTION 9.106. (a) Section 101.0811, Government Code, is
amended to read as follows:
Sec. 101.0811. STATUTORY COUNTY COURT FEES AND COSTS:
GOVERNMENT CODE. The clerk of a statutory county court shall
collect fees and costs under the Government Code as follows:
(1) appellate judicial system filing fees:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . $5;
(C) Third Court of Appeals District (Sec.
22.2041, Government Code) . . . $5;
(D) Fourth Court of Appeals District (Sec.
22.2051, Government Code) . . . not more than $5;
(E) Fifth Court of Appeals District (Sec.
22.2061, Government Code) . . . not more than $5;
(E-1) Sixth Court of Appeals District (Sec.
22.2071, Government Code) . . . $5;
(E-2) Seventh Court of Appeals District (Sec.
22.2081, Government Code) . . . $5;
(E-3) Eighth Court of Appeals District (Sec.
22.2091, Government Code) . . . $5;
(F) Ninth Court of Appeals District (Sec.
22.2101, Government Code) . . . $5;
(G) Eleventh Court of Appeals District (Sec.
22.2121, Government Code) . . . $5;
(G-1) Twelfth Court of Appeals District (Sec.
22.2131, Government Code) . . . $5; and
(H) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5;
(2) an official court reporter fee, County Court at
Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . . $3;
(3) in Brazoria County, in matters of concurrent
jurisdiction with the district court, fees (Sec. 25.0222,
Government Code) . . . as prescribed by law for district judges
according to the nature of the matter;
(4) a court reporter fee when testimony is taken in a
county court at law in McLennan County (Sec. 25.1572, Government
Code) . . . $3;
(5) a stenographer fee, if a record or part of a record
is made:
(A) in a county court at law in Hidalgo County
(Sec. 25.1102, Government Code) . . . $20; and
(B) in the 1st Multicounty Court at Law (Sec.
25.2702, Government Code) . . . $25 [in a county court at law in
Nolan County (Sec. 25.1792, Government Code) . . . $25];
(6) jury fee (Sec. 51.604, Government Code) . . . $22;
(7) an additional filing fee:
(A) for each civil case filed to be used for
court-related purposes for the support of the judiciary (Sec.
51.702, Government Code) . . . $40;
(B) to fund the improvement of Dallas County
civil court facilities, if authorized by the county commissioners
court (Sec. 51.705, Government Code) . . . not more than $15;
(B-1) to fund the improvement of Bexar County
court facilities, if authorized by the county commissioners court
(Sec. 51.706, Government Code) . . . not more than $15;
(C) to fund the improvement of Hays County court
facilities, if authorized by the county commissioners court (Sec.
51.707, Government Code) . . . not more than $15; [and]
(D) to fund the preservation of court records
(Sec. 51.708, Government Code) . . . not more than $10;
(E) to fund the construction, renovation, or
improvement of Rockwall County court facilities, if authorized by
the county commissioners court (Sec. 51.709, Government Code) . . .
not more than $15; and
(F) to fund the construction, renovation, or
improvement of Travis County court facilities, if authorized by the
county commissioners court (Sec. 51.710, Government Code) . . . not
more than $15;
(8) the official court reporter's fee taxed as costs in
civil actions in a statutory county court:
(A) in Bexar County Courts at Law Nos. 3, 4, 5, 6,
7, 8, 9, 10, 11, 12, 13, 14, and 15 (Sec. 25.0172, Government Code)
. . . taxed in the same manner as the fee is taxed in district
court;
(B) in Galveston County (Sec. 25.0862,
Government Code) . . . taxed in the same manner as the fee is taxed
in civil cases in the district courts; and
(C) in Parker County (Sec. 25.1862, Government
Code) . . . taxed in the same manner as the fee is taxed in civil
cases in the district courts;
(9) [a stenographer's fee as costs in each civil,
criminal, and probate case in which a record is made by the official
court reporter in a statutory county court in Nolan County (Sec.
25.1792, Government Code) . . . $25;
[(10)] in Nueces County, in matters of concurrent
jurisdiction with the district court, with certain exceptions, fees
(Sec. 25.1802, Government Code) . . . equal to those in district
court cases;
(10) [(11)] a fee not otherwise listed in this
subchapter that is required to be collected under Section 25.0008,
Government Code, in a county other than Brazos, Cameron, Ellis,
Guadalupe, Harris, Henderson, Liberty, Moore, Nolan, Panola,
Parker, Starr, Victoria, and Williamson . . . as prescribed by law
relating to county judges' fees; [and]
(11) [(12)] at a hearing held by an associate judge
appointed under Subchapter B, Chapter 54A, Government Code, a court
cost to preserve the record, in the absence of a court reporter, by
any means approved by the associate judge (Sec. 54A.110, Government
Code) . . . as assessed by the referring court or associate judge;
and
(12) statewide electronic filing system fund fee (Sec.
51.851, Government Code) . . . $20.
(b) The following are repealed:
(1) Section 101.08117, Government Code, as added by
Chapter 1059 (H.B. 3153), Acts of the 83rd Legislature, Regular
Session, 2013;
(2) Section 101.08117, Government Code, as added by
Chapter 1290 (H.B. 2302), Acts of the 83rd Legislature, Regular
Session, 2013;
(3) Section 101.08119, Government Code, as added by
Chapter 1238 (S.B. 1827), Acts of the 83rd Legislature, Regular
Session, 2013; and
(4) Section 101.08119, Government Code, as added by
Chapter 1246 (S.B. 1891), Acts of the 83rd Legislature, Regular
Session, 2013.
SECTION 9.107. (a) Section 101.0814, Government Code, is
amended to read as follows:
Sec. 101.0814. STATUTORY COUNTY COURT FEES AND COSTS:
LOCAL GOVERNMENT CODE. The clerk of a statutory county court shall
collect fees and costs under the Local Government Code as follows:
(1) additional filing fee to fund contingency fund for
liability insurance, if authorized by the county commissioners
court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
(2) civil court actions (Sec. 118.052, Local
Government Code):
(A) filing of original action (Secs. 118.052 and
118.053, Local Government Code):
(i) garnishment after judgment (Sec.
118.052, Local Government Code) . . . $15; and
(ii) all others (Sec. 118.052, Local
Government Code) . . . $40;
(B) filing of action other than original (Secs.
118.052 and 118.054, Local Government Code) . . . $30; and
(C) services rendered after judgment in original
action (Secs. 118.052 and 118.0545, Local Government Code):
(i) abstract of judgment (Sec. 118.052,
Local Government Code) . . . $5; and
(ii) execution, order of sale, writ, or
other process (Sec. 118.052, Local Government Code) . . . $5;
(3) probate court actions (Sec. 118.052, Local
Government Code):
(A) probate original action (Secs. 118.052 and
118.055, Local Government Code):
(i) probate of a will with independent
executor, administration with will attached, administration of an
estate, guardianship or receivership of an estate, or muniment of
title (Sec. 118.052, Local Government Code) . . . $40;
(ii) community survivors (Sec. 118.052,
Local Government Code) . . . $40;
(iii) small estates (Sec. 118.052, Local
Government Code) . . . $40;
(iv) declarations of heirship (Sec.
118.052, Local Government Code) . . . $40;
(v) mental health or chemical dependency
services (Sec. 118.052, Local Government Code) . . . $40; and
(vi) additional, special fee (Secs. 118.052
and 118.064, Local Government Code) . . . $5;
(B) services in pending probate action (Secs.
118.052 and 118.056, Local Government Code):
(i) filing an inventory and appraisement
(Secs. 118.052 and 118.056(d), Local Government Code) . . . $25;
(ii) approving and recording bond (Sec.
118.052, Local Government Code) . . . $3;
(iii) administering oath (Sec. 118.052,
Local Government Code) . . . $2;
(iv) filing annual or final account of
estate (Sec. 118.052, Local Government Code) . . . $25;
(v) filing application for sale of real or
personal property (Sec. 118.052, Local Government Code) . . . $25;
(vi) filing annual or final report of
guardian of a person (Sec. 118.052, Local Government Code) . . .
$10; and
(vii) filing a document not listed under
this paragraph after the filing of an order approving the inventory
and appraisement or after the 120th day after the date of the
initial filing of the action, whichever occurs first (Secs. 118.052
and 191.007, Local Government Code), if more than 25 pages . . .
$25;
(C) adverse probate action (Secs. 118.052 and
118.057, Local Government Code) . . . $40;
(D) claim against estate (Secs. 118.052 and
118.058, Local Government Code) . . . $2; [and]
(E) supplemental court-initiated guardianship
fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20;
and
(F) supplemental public probate administrator
fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10;
(4) other fees (Sec. 118.052, Local Government Code):
(A) issuing document (Secs. 118.052 and 118.059,
Local Government Code):
(i) original document and one copy (Sec.
118.052, Local Government Code) . . . $4; and
(ii) each additional set of an original and
one copy (Sec. 118.052, Local Government Code) . . . $4;
(B) certified papers (Secs. 118.052 and 118.060,
Local Government Code):
(i) for the clerk's certificate (Sec.
118.052, Local Government Code) . . . $5; and
(ii) a fee per page or part of a page (Sec.
118.052, Local Government Code) . . . $1;
(C) noncertified papers, for each page or part of
a page (Secs. 118.052 and 118.0605, Local Government Code) . . .
$1;
(D) letters testamentary, letter of
guardianship, letter of administration, or abstract of judgment
(Secs. 118.052 and 118.061, Local Government Code) . . . $2;
(E) safekeeping of wills (Secs. 118.052 and
118.062, Local Government Code) . . . $5;
(F) mail service of process (Secs. 118.052 and
118.063, Local Government Code) . . . same as sheriff; and
(G) records management and preservation fee
(Secs. 118.052, 118.0546, and 118.0645, Local Government Code)
. . . $5;
(5) additional filing fee for filing any civil action
or proceeding requiring a filing fee, including an appeal, and on
the filing of any counterclaim, cross-action, intervention,
interpleader, or third-party action requiring a filing fee, to fund
civil legal services for the indigent (Sec. 133.153, Local
Government Code) . . . $10;
(6) on the filing of a civil suit, an additional filing
fee to be used for court-related purposes for the support of the
judiciary (Sec. 133.154, Local Government Code) . . . $42;
(7) additional filing fee to fund the courthouse
security fund, if authorized by the county commissioners court
(Sec. 291.008, Local Government Code) . . . not to exceed $5;
(8) additional filing fee for filing documents not
subject to certain filing fees to fund the courthouse security
fund, if authorized by the county commissioners court (Sec.
291.008, Local Government Code) . . . $1;
(9) additional filing fee to fund the courthouse
security fund in Webb County, if authorized by the county
commissioners court (Sec. 291.009, Local Government Code) . . . not
to exceed $20; and
(10) court cost in civil cases other than suits for
delinquent taxes to fund the county law library fund, if authorized
by the county commissioners court (Sec. 323.023, Local Government
Code) . . . not to exceed $35.
(b) Section 101.08145, Government Code, is repealed.
SECTION 9.108. Section 101.0815, Government Code, is
amended to conform to Chapter 680 (H.B. 2502), Acts of the 81st
Legislature, Regular Session, 2009, and Chapter 982 (H.B. 2080),
Acts of the 83rd Legislature, Regular Session, 2013, and is further
amended to read as follows:
Sec. 101.0815. STATUTORY COUNTY COURT FEES AND COSTS:
ESTATES [TEXAS PROBATE] CODE. The clerk of a statutory county court
shall collect fees and costs under the Estates [Texas Probate] Code
as follows:
(1) fee for deposit of a will with the county clerk
during testator's lifetime (Sec. 252.001, Estates Code) [(Sec. 71,
Texas Probate Code)] . . . $5;
(2) security deposit on filing, by any person other
than the personal representative of an estate, an application,
complaint, or opposition in relation to the estate, if required by
the clerk (Sec. 53.052, Estates Code) [(Sec. 12, Texas Probate
Code)] . . . probable cost of the proceeding;
(3) fee on filing an application, complaint, petition,
or other paper in a guardianship proceeding, which includes a
deposit for payment to an attorney ad litem (Sec. 1052.051, Estates
Code) . . . cost of filing and payment of attorney ad litem;
(4) security deposit on filing, by any person other
than the guardian, attorney ad litem, or guardian ad litem, an
application, complaint, or opposition in relation to a guardianship
matter, if required by the clerk (Sec. 1053.052, Estates Code)
[(Sec. 622, Texas Probate Code)] . . . probable cost of the
guardianship proceeding; [and]
(5) nonrefundable fee to cover the cost of
administering Subchapter G, Chapter 1104, Estates Code (Sec.
1104.303, Estates Code) . . . $40; and
(6) [(4)] costs for attorney ad litem appointed to
pursue the restoration of a ward's capacity or modification of the
ward's guardianship (Sec. 1202.102, Estates Code) [(Secs. 694C and
694L, Texas Probate Code)] . . . reasonable compensation.
SECTION 9.109. (a) Section 101.1011, Government Code, is
amended to read as follows:
Sec. 101.1011. STATUTORY PROBATE COURT FEES AND COSTS:
GOVERNMENT CODE. The clerk of a statutory probate court shall
collect fees and costs under the Government Code as follows:
(1) appellate judicial system filing fees:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . $5;
(C) Third Court of Appeals District (Sec.
22.2041, Government Code) . . . $5;
(D) Fourth Court of Appeals District (Sec.
22.2051, Government Code) . . . not more than $5;
(E) Fifth Court of Appeals District (Sec.
22.2061, Government Code) . . . not more than $5;
(E-1) Sixth Court of Appeals District (Sec.
22.2071, Government Code) . . . $5;
(E-2) Seventh Court of Appeals District (Sec.
22.2081, Government Code) . . . $5;
(E-3) Eighth Court of Appeals District (Sec.
22.2091, Government Code) . . . $5;
(F) Ninth Court of Appeals District (Sec.
22.2101, Government Code) . . . $5;
(G) Eleventh Court of Appeals District (Sec.
22.2121, Government Code) . . . $5;
(G-1) Twelfth Court of Appeals District (Sec.
22.2131, Government Code) . . . $5; and
(H) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5;
(2) additional filing fees as follows:
(A) for certain cases to be used for
court-related purposes for support of the judiciary (Sec. 51.704,
Government Code) . . . $40;
(B) to fund the improvement of Dallas County
civil court facilities, if authorized by the county commissioners
court (Sec. 51.705, Government Code) . . . not more than $15;
(B-1) to fund the improvement of Bexar County
court facilities, if authorized by the county commissioners court
(Sec. 51.706, Government Code) . . . not more than $15; [and]
(C) to fund the improvement of Hays County court
facilities, if authorized by the county commissioners court (Sec.
51.707, Government Code) . . . not more than $15;
(D) to fund the construction, renovation, or
improvement of Rockwall County court facilities, if authorized by
the county commissioners court (Sec. 51.709, Government Code) . . .
not more than $15; and
(E) to fund the construction, renovation, or
improvement of Travis County court facilities, if authorized by the
county commissioners court (Sec. 51.710, Government Code) . . . not
more than $15;
(3) jury fee for civil case (Sec. 51.604, Government
Code) . . . $22;
(4) the expense of preserving the record as a court
cost, if imposed on a party by the referring court or associate
judge (Sec. 54A.211, Government Code) . . . actual cost; [and]
(5) a fee not otherwise listed in this subchapter that
is required to be collected under Section 25.0029, Government Code
(Sec. 25.0029, Government Code) . . . as prescribed by law relating
to county judges' fees; and
(6) statewide electronic filing system fund fee (Sec.
51.851, Government Code) . . . $20.
(b) The following are repealed:
(1) Section 101.10116, Government Code;
(2) Section 101.10118, Government Code, as added by
Chapter 1238 (S.B. 1827), Acts of the 83rd Legislature, Regular
Session, 2013; and
(3) Section 101.10118, Government Code, as added by
Chapter 1246 (S.B. 1891), Acts of the 83rd Legislature, Regular
Session, 2013.
SECTION 9.110. (a) Section 101.1013, Government Code, is
amended to read as follows:
Sec. 101.1013. STATUTORY PROBATE COURT FEES AND COSTS:
LOCAL GOVERNMENT CODE. The clerk of a statutory probate court shall
collect fees and costs under the Local Government Code as follows:
(1) additional filing fee for filing any civil action
or proceeding requiring a filing fee, including an appeal, and on
the filing of any counterclaim, cross-action, intervention,
interpleader, or third-party action requiring a filing fee to fund
civil legal services for the indigent (Sec. 133.153, Local
Government Code) . . . $10;
(2) additional filing fee to fund contingency fund for
liability insurance, if authorized by the county commissioners
court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
(3) probate court actions (Sec. 118.052, Local
Government Code):
(A) probate original action (Secs. 118.052 and
118.055, Local Government Code):
(i) probate of a will with independent
executor, administration with will attached, administration of an
estate, guardianship or receivership of an estate, or muniment of
title (Sec. 118.052, Local Government Code) . . . $40;
(ii) community survivors (Sec. 118.052,
Local Government Code) . . . $40;
(iii) small estates (Sec. 118.052, Local
Government Code) . . . $40;
(iv) declarations of heirship (Sec.
118.052, Local Government Code) . . . $40;
(v) mental health or chemical dependency
services (Sec. 118.052, Local Government Code) . . . $40; and
(vi) additional, special fee (Secs. 118.052
and 118.064, Local Government Code) . . . $5;
(B) services in pending probate action (Secs.
118.052 and 118.056, Local Government Code):
(i) filing an inventory and appraisement
(Secs. 118.052 and 118.056(d), Local Government Code) . . . $25;
(ii) approving and recording bond (Sec.
118.052, Local Government Code) . . . $3;
(iii) administering oath (Sec. 118.052,
Local Government Code) . . . $2;
(iv) filing annual or final account of
estate (Sec. 118.052, Local Government Code). . . $25;
(v) filing application for sale of real or
personal property (Sec. 118.052, Local Government Code) . . . $25;
(vi) filing annual or final report of
guardian of a person (Sec. 118.052, Local Government Code) . . .
$10; and
(vii) filing a document not listed under
this paragraph after the filing of an order approving the inventory
and appraisement or after the 120th day after the date of the
initial filing of the action, whichever occurs first (Secs. 118.052
and 191.007, Local Government Code), if more than 25 pages . . .
$25;
(C) adverse probate action (Secs. 118.052 and
118.057, Local Government Code) . . . $40;
(D) claim against estate (Secs. 118.052 and
118.058, Local Government Code) . . . $2; [and]
(E) supplemental court-initiated guardianship
fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20;
and
(F) supplemental public probate administrator
fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10;
(4) other fees (Sec. 118.052, Local Government Code):
(A) issuing document (Secs. 118.052 and 118.059,
Local Government Code):
(i) original document and one copy (Sec.
118.052, Local Government Code) . . . $4; and
(ii) each additional set of an original and
one copy (Sec. 118.052, Local Government Code) . . . $4;
(B) certified papers (Secs. 118.052 and 118.060,
Local Government Code):
(i) for the clerk's certificate (Sec.
118.052, Local Government Code) . . . $5; and
(ii) a fee per page or part of a page (Sec.
118.052, Local Government Code) . . . $1;
(C) noncertified papers, for each page or part of
a page (Secs. 118.052 and 118.0605, Local Government Code) . . .
$1;
(D) letters testamentary, letter of
guardianship, letter of administration, or abstract of judgment
(Secs. 118.052 and 118.061, Local Government Code) . . . $2;
(E) safekeeping of wills (Secs. 118.052 and
118.062, Local Government Code) . . . $5;
(F) mail service of process (Secs. 118.052 and
118.063, Local Government Code) . . . same as sheriff; and
(G) records management and preservation fee
(Secs. 118.052 and 118.0645, Local Government Code) . . . $5; and
(5) court cost in civil cases other than suits for
delinquent taxes to fund the county law library fund, if authorized
by the county commissioners court (Sec. 323.023, Local Government
Code) . . . not to exceed $35.
(b) Section 101.103, Government Code, is repealed.
SECTION 9.111. Section 101.1014, Government Code, is
amended to conform to Chapter 680 (H.B. 2502), Acts of the 81st
Legislature, Regular Session, 2009, and Chapter 982 (H.B. 2080),
Acts of the 83rd Legislature, Regular Session, 2013, and is further
amended to read as follows:
Sec. 101.1014. STATUTORY PROBATE COURT FEES AND COSTS:
ESTATES [TEXAS PROBATE] CODE. The clerk of a statutory probate
court shall collect fees and costs under the Estates [Texas
Probate] Code as follows:
(1) fee for deposit of a will with the county clerk
during testator's lifetime (Sec. 252.001, Estates Code) [(Sec. 71,
Texas Probate Code)] . . . $5;
(2) security deposit on filing, by any person other
than the personal representative of an estate, an application,
complaint, or opposition in relation to the estate, if required by
the clerk (Sec. 53.052, Estates Code) [(Sec. 12, Texas Probate
Code)] . . . probable cost of the proceeding;
(3) fee on filing an application, complaint, petition,
or other paper in a guardianship proceeding, which includes a
deposit for payment to an attorney ad litem (Sec. 1052.051, Estates
Code) . . . cost of filing and payment of attorney ad litem;
(4) security deposit on filing, by any person other
than the guardian, attorney ad litem, or guardian ad litem, an
application, complaint, or opposition in relation to a guardianship
matter, if required by the clerk (Sec. 1053.052, Estates Code)
[(Sec. 622, Texas Probate Code)] . . . probable cost of the
guardianship proceeding; [and]
(5) nonrefundable fee to cover the cost of
administering Subchapter G, Chapter 1104, Estates Code (Sec.
1104.303, Estates Code) . . . $40; and
(6) [(4)] costs for attorney ad litem appointed to
pursue the restoration of a ward's capacity or modification of the
ward's guardianship (Sec. 1202.102, Estates Code) [(Secs. 694C and
694L, Texas Probate Code)] . . . reasonable compensation.
SECTION 9.112. (a) Section 101.1212, Government Code, is
amended to read as follows:
Sec. 101.1212. COUNTY COURT FEES AND COSTS: GOVERNMENT
CODE. The clerk of a county court shall collect the following fees
and costs under the Government Code:
(1) appellate judicial system filing fees:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . $5;
(C) Third Court of Appeals District (Sec.
22.2041, Government Code) . . . $5;
(D) Fourth Court of Appeals District (Sec.
22.2051, Government Code) . . . not more than $5;
(E) Fifth Court of Appeals District (Sec.
22.2061, Government Code) . . . not more than $5;
(E-1) Sixth Court of Appeals District (Sec.
22.2071, Government Code) . . . $5;
(E-2) Seventh Court of Appeals District (Sec.
22.2081, Government Code) . . . $5;
(E-3) Eighth Court of Appeals District (Sec.
22.2091, Government Code) . . . $5;
(F) Ninth Court of Appeals District (Sec.
22.2101, Government Code) . . . $5;
(G) Eleventh Court of Appeals District (Sec.
22.2121, Government Code) . . . $5;
(G-1) Twelfth Court of Appeals District (Sec.
22.2131, Government Code) . . . $5; and
(H) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5;
(2) a jury fee (Sec. 51.604, Government Code) . . .
$22;
(3) a filing fee in each civil case filed to be used
for court-related purposes for the support of the judiciary (Sec.
51.703, Government Code) . . . $40; [and]
(4) a filing fee to fund the preservation of court
records (Sec. 51.708, Government Code) . . . not more than $10; and
(5) a statewide electronic filing system fund fee
(Sec. 51.851, Government Code) . . . $20.
(b) Section 101.12126, Government Code, is repealed.
SECTION 9.113. (a) Section 101.1214, Government Code, is
amended to read as follows:
Sec. 101.1214. COUNTY COURT FEES AND COSTS: LOCAL
GOVERNMENT CODE. The clerk of a county court shall collect the
following fees and costs under the Local Government Code:
(1) additional filing fee to fund contingency fund for
liability insurance, if authorized by the county commissioners
court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
(2) civil court actions (Sec. 118.052, Local
Government Code):
(A) filing of original action (Secs. 118.052 and
118.053, Local Government Code):
(i) garnishment after judgment (Sec.
118.052, Local Government Code) . . . $15; and
(ii) all others (Sec. 118.052, Local
Government Code) . . . $40;
(B) filing of action other than original (Secs.
118.052 and 118.054, Local Government Code) . . . $30; and
(C) services rendered after judgment in original
action (Secs. 118.052 and 118.0545, Local Government Code):
(i) abstract of judgment (Sec. 118.052,
Local Government Code) . . . $5; and
(ii) execution, order of sale, writ, or
other process (Sec. 118.052, Local Government Code) . . . $5;
(3) probate court actions (Sec. 118.052, Local
Government Code):
(A) probate original action (Secs. 118.052 and
118.055, Local Government Code):
(i) probate of a will with independent
executor, administration with will attached, administration of an
estate, guardianship or receivership of an estate, or muniment of
title (Sec. 118.052, Local Government Code) . . . $40;
(ii) community survivors (Sec. 118.052,
Local Government Code) . . . $40;
(iii) small estates (Sec. 118.052, Local
Government Code) . . . $40;
(iv) declarations of heirship (Sec.
118.052, Local Government Code) . . . $40;
(v) mental health or chemical dependency
services (Sec. 118.052, Local Government Code) . . . $40; and
(vi) additional, special fee (Secs. 118.052
and 118.064, Local Government Code) . . . $5;
(B) services in pending probate action (Secs.
118.052 and 118.056, Local Government Code):
(i) filing an inventory and appraisement
(Secs. 118.052 and 118.056(d), Local Government Code) . . . $25;
(ii) approving and recording bond (Sec.
118.052, Local Government Code) . . . $3;
(iii) administering oath (Sec. 118.052,
Local Government Code) . . . $2;
(iv) filing annual or final account of
estate (Sec. 118.052, Local Government Code) . . . $25;
(v) filing application for sale of real or
personal property (Sec. 118.052, Local Government Code) . . . $25;
(vi) filing annual or final report of
guardian of a person (Sec. 118.052, Local Government Code) . . .
$10; and
(vii) filing a document not listed under
this paragraph after the filing of an order approving the inventory
and appraisement or after the 120th day after the date of the
initial filing of the action, whichever occurs first (Secs. 118.052
and 191.007, Local Government Code), if more than 25 pages . . .
$25;
(C) adverse probate action (Secs. 118.052 and
118.057, Local Government Code) . . . $40;
(D) claim against estate (Secs. 118.052 and
118.058, Local Government Code) . . . $2; [and]
(E) supplemental court-initiated guardianship
fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20;
and
(F) supplemental public probate administrator
fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10;
(4) other fees (Sec. 118.052, Local Government Code):
(A) issuing document (Secs. 118.052 and 118.059,
Local Government Code):
(i) original document and one copy (Sec.
118.052, Local Government Code) . . . $4; and
(ii) each additional set of an original and
one copy (Sec. 118.052, Local Government Code) . . . $4;
(B) certified papers (Secs. 118.052 and 118.060,
Local Government Code):
(i) for the clerk's certificate (Sec.
118.052, Local Government Code) . . . $5; and
(ii) a fee per page or part of a page (Sec.
118.052, Local Government Code) . . . $1;
(C) noncertified papers, for each page or part of
a page (Secs. 118.052 and 118.0605, Local Government Code) . . .
$1;
(D) letters testamentary, letter of
guardianship, letter of administration, or abstract of judgment
(Secs. 118.052 and 118.061, Local Government Code) . . . $2;
(E) safekeeping of wills (Secs. 118.052 and
118.062, Local Government Code) . . . $5;
(F) mail service of process (Secs. 118.052 and
118.063, Local Government Code) . . . same as sheriff; and
(G) records management and preservation fee
(Secs. 118.052, 118.0546, and 118.0645, Local Government Code)
. . . $5;
(5) deposit on filing petition requesting permission
to create a municipal civic center authority (Sec. 281.013, Local
Government Code) . . . $200;
(6) additional filing fee to fund the courthouse
security fund, if authorized by the county commissioners court
(Sec. 291.008, Local Government Code) . . . not to exceed $5;
(7) additional filing fee for filing documents not
subject to certain filing fees to fund the courthouse security
fund, if authorized by the county commissioners court (Sec.
291.008, Local Government Code) . . . $1;
(8) additional filing fee to fund the courthouse
security fund in Webb County, if authorized by the county
commissioners court (Sec. 291.009, Local Government Code) . . . not
to exceed $20;
(9) court cost in civil cases other than suits for
delinquent taxes to fund the county law library fund, if authorized
by the county commissioners court (Sec. 323.023, Local Government
Code) . . . not to exceed $35;
(10) additional filing fee for filing any civil action
or proceeding requiring a filing fee, including an appeal, and on
the filing of any counterclaim, cross-action, intervention,
interpleader, or third-party action requiring a filing fee, to fund
civil legal services for the indigent (Sec. 133.153, Local
Government Code) . . . $10; and
(11) on the filing of a civil suit an additional filing
fee to be used for court-related purposes for the support of the
judiciary (Sec. 133.154, Local Government Code) . . . $42.
(b) Section 101.12145, Government Code, is repealed.
SECTION 9.114. Section 101.1215, Government Code, is
amended to conform to Chapter 680 (H.B. 2502), Acts of the 81st
Legislature, Regular Session, 2009, and Chapter 982 (H.B. 2080),
Acts of the 83rd Legislature, Regular Session, 2013, and is further
amended to read as follows:
Sec. 101.1215. COUNTY COURT FEES AND COSTS: ESTATES [TEXAS
PROBATE] CODE. The clerk of a county court shall collect the
following fees and costs under the Estates [Texas Probate] Code:
(1) fee for deposit of a will with the county clerk
during testator's lifetime (Sec. 252.001, Estates Code) [(Sec. 71,
Texas Probate Code)] . . . $5;
(2) security deposit on filing, by any person other
than the personal representative of an estate, an application,
complaint, or opposition in relation to the estate, if required by
the clerk (Sec. 53.052, Estates Code) [(Sec. 12, Texas Probate
Code)] . . . probable cost of the proceeding;
(3) fee on filing an application, complaint, petition,
or other paper in a guardianship proceeding, which includes a
deposit for payment to an attorney ad litem (Sec. 1052.051, Estates
Code) . . . cost of filing and payment of attorney ad litem;
(4) security deposit on filing, by any person other
than the guardian, attorney ad litem, or guardian ad litem, an
application, complaint, or opposition in relation to a guardianship
matter, if required by the clerk (Sec. 1053.052, Estates Code)
[(Sec. 622, Texas Probate Code)] . . . probable cost of the
guardianship proceeding; [and]
(5) nonrefundable fee to cover the cost of
administering Subchapter G, Chapter 1104, Estates Code (Sec.
1104.303, Estates Code) . . . $40; and
(6) [(4)] costs for attorney ad litem appointed to
pursue the restoration of a ward's capacity or modification of the
ward's guardianship (Sec. 1202.102, Estates Code) [(Secs. 694C and
694L, Texas Probate Code)] . . . reasonable compensation.
SECTION 9.115. (a) Section 101.141, Government Code, is
amended to read as follows:
Sec. 101.141. JUSTICE COURT AND SMALL CLAIMS COURT FEES AND
COSTS COLLECTED BY CLERK. (a) A clerk of a justice court shall
collect fees and costs under the Civil Practice and Remedies Code as
follows:
(1) additional court cost in certain civil cases to
establish and maintain an alternative dispute resolution system, if
authorized by the commissioners court (Sec. 152.005, Civil Practice
and Remedies Code) . . . not to exceed $5;
(2) court fees and costs, if ordered by the court, for
a suit filed by an inmate in which an affidavit or unsworn
declaration of inability to pay costs is filed by the inmate (Sec.
14.006, Civil Practice and Remedies Code) . . . the lesser of:
(A) 20 percent of the preceding six months'
deposits to the inmate's trust account administered by the Texas
Department of Criminal Justice under Section 501.014, Government
Code; or
(B) the total amount of court fees and costs;
(3) monthly payment for remaining court fees and costs
after the initial payment for a suit in which an affidavit or
unsworn declaration of inability to pay costs is filed by the inmate
(Sec. 14.006, Civil Practice and Remedies Code) . . . the lesser
of:
(A) 10 percent of that month's deposit to the
inmate's trust account administered by the Texas Department of
Criminal Justice under Section 501.014, Government Code; or
(B) the total amount of court fees and costs that
remain unpaid; and
(4) the following costs not otherwise charged to the
inmate under Section 14.006, Civil Practice and Remedies Code, if
the inmate has previously filed an action dismissed as malicious or
frivolous (Sec. 14.007, Civil Practice and Remedies Code):
(A) expenses of service of process;
(B) postage; and
(C) transportation, housing, or medical care
incurred in connection with the appearance of the inmate in the
court for any proceeding.
(b) A clerk of a justice court shall collect fees and costs
under other laws as follows:
(1) the cost of a special program that a court may
order a child to attend after a finding that the child committed an
offense, if ordered by the court (Art. 45.057, Code of Criminal
Procedure) . . . costs of the program not to exceed $100;
(2) additional filing fees:
(A) to fund Dallas County civil court facilities
(Sec. 51.705, Government Code) . . . not more than $15;
(B) for filing any civil action or proceeding
requiring a filing fee, including an appeal, and on the filing of
any counterclaim, cross-action, intervention, interpleader, or
third-party action requiring a filing fee, to fund civil legal
services for the indigent (Sec. 133.153, Local Government Code)
. . . $6; [and]
(C) to fund the improvement of Hays County court
facilities, if authorized by the county commissioners court (Sec.
51.707, Government Code) . . . not more than $15; and
(D) to fund the construction, renovation, or
improvement of Rockwall County court facilities, if authorized by
the county commissioners court (Sec. 51.709, Government Code) . . .
not more than $15;
(3) for filing a suit in Comal County (Sec. 152.0522,
Human Resources Code) . . . $1.50; [and]
(4) fee for hearing on probable cause for removal of a
vehicle and placement in a storage facility if assessed by the court
(Sec. 2308.457, Occupations Code) . . . $20; and
(5) statewide electronic filing system fund fee (Sec.
51.851, Government Code) . . . $10.
(b) Sections 101.1411 and 101.142, Government Code, are
repealed.
SECTION 9.116. (a) Section 102.0615, Government Code, is
amended to read as follows:
Sec. 102.0615. ADDITIONAL COURT COSTS ON CONVICTION IN
STATUTORY COUNTY COURT: GOVERNMENT CODE. The clerk of a statutory
county court shall collect fees and costs under the Government Code
as follows:
(1) [from a defendant] a court cost on conviction
(Sec. 51.851, Government Code) . . . $5; and
(2) a stenographer fee, if a record or part of a record
is made in the 1st Multicounty Court at Law (Sec. 25.2702,
Government Code) . . . $25 [of $5 under Section 51.851, Government
Code].
(b) Section 102.0619, Government Code, is repealed.
SECTION 9.117. (a) Section 103.021, Government Code, is
amended to read as follows:
Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant,
or a party to a civil suit, as applicable, shall pay the following
fees and costs under the Code of Criminal Procedure if ordered by
the court or otherwise required:
(1) a personal bond fee (Art. 17.42, Code of Criminal
Procedure) . . . the greater of $20 or three percent of the amount
of the bail fixed for the accused;
(2) cost of electronic monitoring as a condition of
release on personal bond (Art. 17.43, Code of Criminal Procedure)
. . . actual cost;
(3) a fee for verification of and monitoring of motor
vehicle ignition interlock (Art. 17.441, Code of Criminal
Procedure) . . . not to exceed $10;
(3-a) costs associated with operating a global
positioning monitoring system as a condition of release on bond
(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
subject to a determination of indigency;
(3-b) costs associated with providing a defendant's
victim with an electronic receptor device as a condition of the
defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
Procedure) . . . actual costs, subject to a determination of
indigency;
(4) repayment of reward paid by a crime stoppers
organization on conviction of a felony (Art. 37.073, Code of
Criminal Procedure) . . . amount ordered;
(5) reimbursement to general revenue fund for payments
made to victim of an offense as condition of community supervision
(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for
a misdemeanor offense or $100 for a felony offense;
(6) payment to a crime stoppers organization as
condition of community supervision (Art. 42.12, Code of Criminal
Procedure) . . . not to exceed $50;
(7) children's advocacy center fee (Art. 42.12, Code
of Criminal Procedure) . . . not to exceed $50;
(8) family violence center fee (Art. 42.12, Code of
Criminal Procedure) . . . $100;
(9) community supervision fee (Art. 42.12, Code of
Criminal Procedure) . . . not less than $25 or more than $60 per
month;
(10) additional community supervision fee for certain
offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per
month;
(11) for certain financially able sex offenders as a
condition of community supervision, the costs of treatment,
specialized supervision, or rehabilitation (Art. 42.12, Code of
Criminal Procedure) . . . all or part of the reasonable and
necessary costs of the treatment, supervision, or rehabilitation as
determined by the judge;
(12) fee for failure to appear for trial in a justice
or municipal court if a jury trial is not waived (Art. 45.026, Code
of Criminal Procedure) . . . costs incurred for impaneling the
jury;
(13) costs of certain testing, assessments, or
programs during a deferral period (Art. 45.051, Code of Criminal
Procedure) . . . amount ordered;
(14) special expense on dismissal of certain
misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
. . . not to exceed amount of fine assessed;
(15) an additional fee:
(A) for a copy of the defendant's driving record
to be requested from the Department of Public Safety by the judge
(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
to the sum of the fee established by Section 521.048,
Transportation Code, and the state electronic Internet portal fee;
(B) as an administrative fee for requesting a
driving safety course or a course under the motorcycle operator
training and safety program for certain traffic offenses to cover
the cost of administering the article (Art. 45.0511(f)(1), Code of
Criminal Procedure) . . . not to exceed $10; or
(C) for requesting a driving safety course or a
course under the motorcycle operator training and safety program
before the final disposition of the case (Art. 45.0511(f)(2), Code
of Criminal Procedure) . . . not to exceed the maximum amount of the
fine for the offense committed by the defendant;
(16) a request fee for teen court program (Art.
45.052, Code of Criminal Procedure) . . . $20, if the court
ordering the fee is located in the Texas-Louisiana border region,
but otherwise not to exceed $10;
(17) a fee to cover costs of required duties of teen
court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
court ordering the fee is located in the Texas-Louisiana border
region, but otherwise $10;
(18) a mileage fee for officer performing certain
services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
mile;
(19) certified mailing of notice of hearing date (Art.
102.006, Code of Criminal Procedure) . . . $1, plus postage;
(20) certified mailing of certified copies of an order
of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
plus postage;
(20-a) a fee to defray the cost of notifying state
agencies of orders of expungement (Art. 45.0216, Code of Criminal
Procedure) . . . $30 per application;
(20-b) a fee to defray the cost of notifying state
agencies of orders of expunction (Art. 45.055, Code of Criminal
Procedure) . . . $30 per application;
(21) sight orders:
(A) if the face amount of the check or sight order
does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
. . . not to exceed $10;
(B) if the face amount of the check or sight order
is greater than $10 but does not exceed $100 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $15;
(C) if the face amount of the check or sight order
is greater than $100 but does not exceed $300 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $30;
(D) if the face amount of the check or sight order
is greater than $300 but does not exceed $500 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $50; and
(E) if the face amount of the check or sight order
is greater than $500 (Art. 102.007, Code of Criminal Procedure)
. . . not to exceed $75;
(22) fees for a pretrial intervention program:
(A) a supervision fee (Art. 102.012(a), Code of
Criminal Procedure) . . . $60 a month plus expenses; and
(B) a district attorney, criminal district
attorney, or county attorney administrative fee (Art. 102.0121,
Code of Criminal Procedure) . . . not to exceed $500;
(23) parking fee violations for child safety fund in
municipalities with populations:
(A) greater than 850,000 (Art. 102.014, Code of
Criminal Procedure) . . . not less than $2 and not to exceed $5; and
(B) less than 850,000 (Art. 102.014, Code of
Criminal Procedure) . . . not to exceed $5;
(24) an administrative fee for collection of fines,
fees, restitution, or other costs (Art. 102.072, Code of Criminal
Procedure) . . . not to exceed $2 for each transaction; [and]
(25) a collection fee, if authorized by the
commissioners court of a county or the governing body of a
municipality, for certain debts and accounts receivable, including
unpaid fines, fees, court costs, forfeited bonds, and restitution
ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
percent of an amount more than 60 days past due; and
(26) a cost on conviction for the truancy prevention
and diversion fund (Art. 102.015, Code of Criminal Procedure) . . .
$2.
(b) Section 103.034, Government Code, is repealed.
SECTION 9.118. Section 103.0213, Government Code, as
amended by Chapter 1291 (H.B. 2305), Acts of the 83rd Legislature,
Regular Session, 2013, is amended to read as follows:
Sec. 103.0213. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
CIVIL CASES: TRANSPORTATION CODE. An accused or defendant, or a
party to a civil suit, as applicable, shall pay the following fees
and costs under the Transportation Code if ordered by the court or
otherwise required:
(1) administrative fee on dismissal of charge of
driving with an expired motor vehicle registration (Sec. 502.407,
Transportation Code) . . . not to exceed $20;
(2) administrative fee on dismissal of charge of
driving with an expired driver's license (Sec. 521.026,
Transportation Code) . . . not to exceed $20;
(2-a) administrative fee on remediation of charge of
operation of a vehicle without a registration insignia (Sec.
502.473, Transportation Code) . . . not to exceed $10;
(3) administrative fee for failure to appear for a
complaint or citation on certain offenses (Sec. 706.006,
Transportation Code) . . . $30 for each violation; and
(4) administrative fee for failure to pay or satisfy
certain judgments (Sec. 706.006, Transportation Code) . . . $30.
SECTION 9.119. (a) Section 103.027(a), Government Code, is
amended to read as follows:
(a) Fees and costs shall be paid or collected under the
Government Code as follows:
(1) filing a certified copy of a judicial finding of
fact and conclusion of law if charged by the secretary of state
(Sec. 51.905, Government Code) . . . $15;
(2) cost paid by each surety posting the bail bond for
an offense other than a misdemeanor punishable by fine only under
Chapter 17, Code of Criminal Procedure, for the assistant
prosecutor supplement fund and the fair defense account (Sec.
41.258, Government Code) . . . $15, provided the cost does not
exceed $30 for all bail bonds posted at that time for an individual
and the cost is not required on the posting of a personal or cash
bond;
(3) to participate in a court proceeding in this
state, a nonresident attorney fee (Sec. 82.0361, Government Code)
. . . $250 except as waived or reduced under supreme court rules for
representing an indigent person; [and]
(4) on a party's appeal of a final decision in a
contested case, the cost of preparing the original or a certified
copy of the record of the agency proceeding, if required by the
agency's rule, as a court cost (Sec. 2001.177, Government Code)
. . . as assessed by the court, all or part of the cost of
preparation;
(5) a program fee for a drug court program (Sec.
123.004, Government Code) . . . not to exceed $1,000;
(6) an alcohol or controlled substance testing,
counseling, and treatment fee (Sec. 123.004, Government Code) . . .
the amount necessary to cover the costs of testing, counseling, and
treatment;
(7) a reasonable program fee for a veterans court
program (Sec. 124.005, Government Code) . . . not to exceed $1,000;
(8) a testing, counseling, and treatment fee for
testing, counseling, or treatment performed or provided under a
veterans court program (Sec. 124.005, Government Code) . . . the
amount necessary to cover the costs of testing, counseling, or
treatment; and
(9) a nonrefundable program fee for a prostitution
prevention program (Sec. 126.006, Government Code) . . . a
reasonable amount not to exceed $1,000, which must include a
counseling and services fee in an amount necessary to cover the
costs of counseling and services provided by the program, a victim
services fee in an amount equal to 10 percent of the total fee, and a
law enforcement training fee in an amount equal to five percent of
the total fee.
(b) The following are repealed:
(1) Section 103.0271, Government Code; and
(2) Section 103.0292, Government Code, as added by
Chapter 1167 (S.B. 484), Acts of the 83rd Legislature, Regular
Session, 2013.
ARTICLE 10. CHANGES RELATING TO HEALTH AND SAFETY CODE
SECTION 10.001. Section 711.052(a), Health and Safety Code,
as amended by Chapters 123 (S.B. 661) and 220 (H.B. 52), Acts of the
83rd Legislature, Regular Session, 2013, is reenacted and amended
to read as follows:
(a) A person who is an individual, firm, association,
corporation, or municipality, or an officer, agent, or employee of
an individual, firm, association, corporation, or municipality,
commits an offense if the person:
(1) engages in a business for cemetery purposes in
this state other than through a corporation organized for that
purpose, if a corporation is required by law;
(2) fails or refuses to keep records of interment as
required by Sections 711.003 and 711.004;
(3) sells, offers to sell, or advertises for sale a
plot or the exclusive right of sepulture in a plot for purposes of
speculation or investment;
(4) represents through advertising or printed
material that a retail department will be established for the
resale of the plots of plot purchasers, that specific improvements
will be made in the cemetery, or that specific merchandise or
services will be furnished to a plot owner, unless adequate funds or
reserves are created by the cemetery organization for the
represented purpose;
(5) makes more than one interment in a plot in a
cemetery operated by a cemetery organization other than as provided
by Section 711.0395; [or]
(6) removes remains from a plot in a cemetery operated
by a cemetery organization without complying with Section 711.004;
(7) [(5)] offers or receives monetary inducement to
solicit business for a cemetery broker;
(8) [(6)] fails or refuses to keep records of sales or
resales or to collect and remit fees as required by Section
711.0381; or
(9) [(7)] fails or refuses to register as a cemetery
broker as required by Subchapter C-1.
SECTION 10.002. Section 754.016(c), Health and Safety Code,
as amended by Chapters 538 (S.B. 540) and 558 (S.B. 673), Acts of
the 83rd Legislature, Regular Session, 2013, is reenacted to read
as follows:
(c) The executive director shall issue a certificate of
compliance to the owner.
SECTION 10.003. Section 754.023(k), Health and Safety Code,
as amended by Chapter 538 (S.B. 540), Acts of the 83rd Legislature,
Regular Session, 2013, is repealed to conform to the repeal of
Section 754.023, Health and Safety Code, by Chapter 558 (S.B. 673),
Acts of the 83rd Legislature, Regular Session, 2013.
SECTION 10.004. Section 773.0571, Health and Safety Code,
as amended by Chapters 1089 (H.B. 3556) and 1311 (S.B. 8), Acts of
the 83rd Legislature, Regular Session, 2013, is reenacted and
amended to read as follows:
Sec. 773.0571. REQUIREMENTS FOR PROVIDER LICENSE. The
department shall issue to an emergency medical services provider
applicant a license that is valid for two years if the department is
satisfied that:
(1) the applicant has adequate staff to meet the
staffing standards prescribed by this chapter and the rules adopted
under this chapter;
(2) each emergency medical services vehicle is
adequately constructed, equipped, maintained, and operated to
render basic or advanced life support services safely and
efficiently;
(3) the applicant offers safe and efficient services
for emergency prehospital care and transportation of patients;
(4) the applicant:
(A) possesses sufficient professional experience
and qualifications to provide emergency medical services; and
(B) has not been excluded from participation in
the state Medicaid program;
(5) the applicant holds a letter of approval issued
under Section 773.0573 by the governing body of the municipality or
the commissioners court of the county in which the applicant is
located and is applying to provide emergency medical services, as
applicable; [and]
(6) the applicant employs a medical director; and
(7) [(6)] the applicant complies with the rules
adopted under this chapter.
ARTICLE 11. CHANGES RELATING TO INSURANCE CODE
SECTION 11.001. Section 401.156, Insurance Code, as amended
by Chapters 489 (S.B. 1665) and 1286 (H.B. 2163), Acts of the 83rd
Legislature, Regular Session, 2013, is reenacted and amended to
read as follows:
Sec. 401.156. DEPOSIT AND USE OF ASSESSMENT AND FEE.
(a) The department shall deposit any assessments or fees collected
under this subchapter relating to the examination of insurers and
other regulated entities by the financial examinations division or
actuarial division, as those terms are defined by Section 401.251,
to the credit of an account with the Texas Treasury Safekeeping
Trust Company to be used exclusively to pay examination costs, as
defined by Section 401.251, to reimburse administrative support
costs for the Texas Department of Insurance operating account, and
to reimburse premium tax credits for examination costs and
examination overhead assessments[, reimbursement of the Texas
Department of Insurance operating account for administrative
support costs, and reimbursement of premium tax credits for
examination costs and examination overhead assessments].
(b) [(a-1)] Money deposited under Subsection (a)
accumulates and may be disbursed to the department in a manner
consistent with that subsection and Subchapter F.
(c) Revenue that is not related to the examination of
insurers or other regulated entities by the financial examinations
division or actuarial division shall be deposited to the credit of
the Texas Department of Insurance operating account.
(d) To the extent that another provision of law conflicts
with this section or a provision of this section, this section or
the provision of this section controls.
(e) The department may transfer funds between the account
described by Subsection (a) and the Texas Department of Insurance
operating account as necessary to ensure that funds are deposited
to the correct account and used for the correct purposes. This
subsection does not authorize a disbursement or transfer of funds
in a manner that is inconsistent with the purposes of Subchapter F
and this section.
SECTION 11.002. Section 981.215(a), Insurance Code, as
amended by Chapters 595 (S.B. 951) and 920 (H.B. 1405), Acts of the
83rd Legislature, Regular Session, 2013, is reenacted and amended
to read as follows:
(a) A surplus lines agent shall maintain a complete record
of each surplus lines contract obtained by the agent, including any
of the following, if applicable:
(1) a copy of the daily report;
(2) the amount of the insurance and risks insured
against;
(3) a brief general description of the property
insured and the location of that property;
(4) the gross premium charged;
(5) the return premium paid;
(6) the rate of premium charged on the different items
of property;
(7) the contract terms, including the effective date;
(8) the insured's name and post office address;
(9) the insurer's name and home office address;
(10) the amount collected from the insured;
(11) an agreement under Section 225.006(c); [and]
(12) [(11)] evidence establishing that the insured
qualified as an exempt commercial purchaser and that the surplus
lines agent complied with the requirements of Section 981.004(c) if
a diligent effort to obtain insurance in the admitted market was not
made pursuant to Section 981.004(a)(1); and
(13) [(12)] any other information required by the
department.
SECTION 11.003. (a) Section 1355.015(a), Insurance Code,
as amended by Chapters 1070 (H.B. 3276) and 1359 (S.B. 1484), Acts
of the 83rd Legislature, Regular Session, 2013, is reenacted to
read as follows:
(a) At a minimum, a health benefit plan must provide
coverage for screening a child for autism spectrum disorder at the
ages of 18 and 24 months.
(b) Section 1355.015(a-1), Insurance Code, as added by
Chapter 1070 (H.B. 3276), Acts of the 83rd Legislature, Regular
Session, 2013, is reenacted to conform to the changes made to
Section 1355.015(a), Insurance Code, by Chapter 1359 (S.B. 1484),
Acts of the 83rd Legislature, Regular Session, 2013, to read as
follows:
(a-1) At a minimum, a health benefit plan must provide
coverage for treatment of autism spectrum disorder as provided by
this section to an enrollee who is diagnosed with autism spectrum
disorder from the date of diagnosis, only if the diagnosis was in
place prior to the child's 10th birthday.
ARTICLE 12. CHANGES RELATING TO LOCAL GOVERNMENT CODE
SECTION 12.001. Section 54.012, Local Government Code, as
amended by Chapters 135 (S.B. 654) and 1396 (H.B. 1554), Acts of the
83rd Legislature, Regular Session, 2013, is reenacted and amended
to read as follows:
Sec. 54.012. CIVIL ACTION. A municipality may bring a
civil action for the enforcement of an ordinance:
(1) for the preservation of public safety, relating to
the materials or methods used to construct a building or other
structure or improvement, including the foundation, structural
elements, electrical wiring or apparatus, plumbing and fixtures,
entrances, or exits;
(2) relating to the preservation of public health or
to the fire safety of a building or other structure or improvement,
including provisions relating to materials, types of construction
or design, interior configuration, illumination, warning devices,
sprinklers or other fire suppression devices, availability of water
supply for extinguishing fires, or location, design, or width of
entrances or exits;
(3) for zoning that provides for the use of land or
classifies a parcel of land according to the municipality's
district classification scheme;
(4) establishing criteria for land subdivision or
construction of buildings, including provisions relating to street
width and design, lot size, building width or elevation, setback
requirements, or utility service specifications or requirements;
(5) implementing civil penalties under this
subchapter for conduct classified by statute as a Class C
misdemeanor;
(6) relating to dangerously damaged or deteriorated
structures or improvements;
(7) relating to conditions caused by accumulations of
refuse, vegetation, or other matter that creates breeding and
living places for insects and rodents;
(8) relating to the interior configuration, design,
illumination, or visibility of business premises exhibiting for
viewing by customers while on the premises live or mechanically or
electronically displayed entertainment intended to provide sexual
stimulation or sexual gratification;
(9) relating to point source effluent limitations or
the discharge of a pollutant, other than from a non-point source,
into a sewer system, including a sanitary or storm water sewer
system, owned or controlled by the municipality; [or]
(10) relating to floodplain control and
administration, including an ordinance regulating the placement of
a structure, fill, or other materials in a designated floodplain;
(11) [(10)] relating to animal care and control; or
(12) [(11)] relating to water conservation measures,
including watering restrictions.
SECTION 12.002. Section 214.906, Local Government Code, is
repealed to conform to the expiration of Title 16, Property Code, on
September 1, 2009.
SECTION 12.003. The heading to Section 381.004, Local
Government Code, is amended to more accurately reflect the
substance of that section to read as follows:
Sec. 381.004. COMMUNITY AND ECONOMIC DEVELOPMENT PROGRAMS
[IN CERTAIN COUNTIES].
ARTICLE 13. CHANGES RELATING TO NATURAL RESOURCES CODE
SECTION 13.001. Section 61.011(d), Natural Resources Code,
as amended by Chapters 152 (H.B. 2623) and 1086 (H.B. 3459), Acts of
the 83rd Legislature, Regular Session, 2013, is reenacted and
amended to read as follows:
(d) The commissioner shall promulgate rules, consistent
with the policies established in this section, on the following
matters only:
(1) acquisition by local governments or other
appropriate entities or public dedication of access ways sufficient
to provide adequate public ingress and egress to and from the beach
within the area described in Subdivision (6);
(2) protection of the public easement from erosion or
reduction caused by development or other activities on adjacent
land and beach cleanup and maintenance;
(3) local government prohibitions of vehicular
traffic on public beaches, provision of off-beach parking, the use
on a public beach of a golf cart, as defined by Section 502.001,
Transportation Code, for the transportation of a person with a
physical disability, and other minimum measures needed to mitigate
for any adverse effect on public access and dune areas;
(4) imposition of beach access, user, or parking fees
and reasonable exercises of the police power by local governments
with respect to public beaches;
(5) contents and certification of beach access and use
plans and standards for local government review of construction on
land adjacent to and landward of public beaches, including
procedures for expedited review of beach access and use plans under
Section 61.015;
(6) construction on land adjacent to and landward of
public beaches and lying in the area either up to the first public
road generally parallel to the beach or to any closer public road
not parallel to the beach, or to within 1,000 feet of mean high
tide, whichever is greater, that affects or may affect public
access to and use of public beaches;
(7) the temporary suspension under Section 61.0185 of
enforcement of the prohibition against encroachments on and
interferences with the public beach easement and the ability of a
property owner to make repairs to a house while a suspension is in
effect;
(8) the determination of the line of vegetation or
natural line of vegetation;
(9) the factors to be considered in determining
whether a structure, improvement, obstruction, barrier, or hazard
on the public beach:
(A) constitutes an imminent hazard to safety,
health, or public welfare; or
(B) substantially interferes with the free and
unrestricted right of the public to enter or leave the public beach
or traverse any part of the public beach;
(10) the procedures for determining whether a
structure is not insurable property for purposes of Section
2210.004, Insurance Code, because of the factors listed in
Subsection (h) of that section; [and]
(11) the closure of beaches for space flight
activities; and
(12) [(11)] the temporary suspension under Section
61.0171 of the determination of the "line of vegetation" or the
"natural line of vegetation."
ARTICLE 14. CHANGES RELATING TO OCCUPATIONS CODE
SECTION 14.001. The heading to Chapter 55, Occupations
Code, as amended by Chapters 66 (S.B. 162) and 348 (H.B. 2254), Acts
of the 83rd Legislature, Regular Session, 2013, is reenacted to
read as follows:
CHAPTER 55. LICENSING OF MILITARY SERVICE MEMBERS, MILITARY
VETERANS, AND MILITARY SPOUSES
SECTION 14.002. Section 2301.610(d), Occupations Code, as
amended by Chapters 1135 (H.B. 2741) and 1379 (H.B. 1692), Acts of
the 83rd Legislature, Regular Session, 2013, is reenacted and
amended to read as follows:
(d) The department shall maintain a toll-free telephone
number to provide information to a person who requests information
about a condition or defect that was the basis for repurchase or
replacement by an order issued under this chapter
[subchapter]. The department shall maintain an effective method
of providing information to a person who makes a request.
ARTICLE 15. CHANGES RELATING TO SPECIAL DISTRICT LOCAL LAWS CODE
SECTION 15.001. (a) Chapter 1, Special District Local Laws
Code, is amended by adding Section 1.005 to read as follows:
Sec. 1.005. EFFECT OF NONSUBSTANTIVE REVISION ON CERTAIN
EMINENT DOMAIN AUTHORITY. The revision by Chapter 112 (S.B. 1026),
Acts of the 83rd Legislature, Regular Session, 2013, effective
April 1, 2015, of a law regarding eminent domain authority, or any
other nonsubstantive revision in this code of a law regarding
eminent domain authority, does not affect any expiration of an
entity's eminent domain authority that may have occurred under
Section 2206.101, Government Code, on September 1, 2013.
(b) This section takes effect immediately if this Act
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this section takes effect September 1, 2015.
SECTION 15.002. (a) Section 8446.006, Special District
Local Laws Code, as added by Chapter 1250 (S.B. 1910), Acts of the
83rd Legislature, Regular Session, 2013, is amended to conform to
Section 8446.006, Special District Local Laws Code, as added by
Chapter 1309 (H.B. 3954), Acts of the 83rd Legislature, Regular
Session, 2013, to read as follows:
Sec. 8446.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 4, Chapter 1250, and Section 5, Chapter 1309, Acts of the
83rd Legislature, Regular Session, 2013 [of the Act enacting this
chapter].
(b) The boundaries and field notes contained in Section 4,
Chapter 1250, and Section 5, Chapter 1309, Acts of the 83rd
Legislature, Regular Session, 2013, [of the Act enacting this
chapter] form a closure. A mistake made in the field notes or in
copying the field notes in the legislative process does not affect
the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
(b) Section 8446.006, Special District Local Laws Code, as
added by Chapter 1309 (H.B. 3954), Acts of the 83rd Legislature,
Regular Session, 2013, is repealed.
SECTION 15.003. (a) Section 8469.006, Special District
Local Laws Code, as added by Chapter 1244 (S.B. 1877), Acts of the
83rd Legislature, Regular Session, 2013, is amended to conform to
Section 8469.006, Special District Local Laws Code, as added by
Chapter 1308 (H.B. 3914), Acts of the 83rd Legislature, Regular
Session, 2013, to read as follows:
Sec. 8469.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2, Chapter 1244, and Section 6, Chapter 1308, Acts of the
83rd Legislature, Regular Session, 2013 [of the Act enacting this
chapter].
(b) The boundaries and field notes contained in Section 2,
Chapter 1244, and Section 6, Chapter 1308, Acts of the 83rd
Legislature, Regular Session, 2013, [of the Act enacting this
chapter] form a closure. A mistake made in the field notes or in
copying the field notes in the legislative process does not affect
the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
(b) Section 8469.006, Special District Local Laws Code, as
added by Chapter 1308 (H.B. 3914), Acts of the 83rd Legislature,
Regular Session, 2013, is repealed.
SECTION 15.004. (a) Section 8469.106(c), Special District
Local Laws Code, as added by Chapter 1244 (S.B. 1877), Acts of the
83rd Legislature, Regular Session, 2013, is amended to conform to
Section 8469.106(c), Special District Local Laws Code, as added by
Chapter 1308 (H.B. 3914), Acts of the 83rd Legislature, Regular
Session, 2013, to read as follows:
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2, Chapter 1244, and Section
6, Chapter 1308, Acts of the 83rd Legislature, Regular Session,
2013 [of the Act creating this chapter].
(b) Section 8469.106(c), Special District Local Laws Code,
as added by Chapter 1308 (H.B. 3914), Acts of the 83rd Legislature,
Regular Session, 2013, is repealed.
ARTICLE 16. CHANGES RELATING TO TAX CODE
SECTION 16.001. Section 25.025(a), Tax Code, as amended by
Chapters 996 (H.B. 2267) and 1028 (H.B. 2676), Acts of the 83rd
Legislature, Regular Session, 2013, is reenacted and amended to
read as follows:
(a) This section applies only to:
(1) a current or former peace officer as defined by
Article 2.12, Code of Criminal Procedure;
(2) a county jailer as defined by Section 1701.001,
Occupations Code;
(3) an employee of the Texas Department of Criminal
Justice;
(4) a commissioned security officer as defined by
Section 1702.002, Occupations Code;
(5) a victim of family violence as defined by Section
71.004, Family Code, if as a result of the act of family violence
against the victim, the actor is convicted of a felony or a Class A
misdemeanor;
(6) a federal judge, a state judge, or the spouse of a
federal judge or state judge;
(7) a current or former employee of a district
attorney, criminal district attorney, or county or municipal
attorney whose jurisdiction includes any criminal law or child
protective services matters;
(8) an officer or employee of a community supervision
and corrections department established under Chapter 76,
Government Code, who performs a duty described by Section 76.004(b)
of that code;
(9) a criminal investigator of the United States as
described by Article 2.122(a), Code of Criminal Procedure;
(10) a police officer or inspector of the United
States Federal Protective Service;
(11) a current or former United States attorney or
assistant United States attorney and the spouse and child of the
attorney;
(12) a current or former employee of the office of the
attorney general who is or was assigned to a division of that office
the duties of which involve law enforcement; [and]
(13) a medical examiner or person who performs
forensic analysis or testing who is employed by this state or one or
more political subdivisions of this state; and
(14) [(13)] a current or former member of the United
States armed forces who has served in an area that the president of
the United States by executive order designates for purposes of 26
U.S.C. Section 112 as an area in which armed forces of the United
States are or have engaged in combat.
SECTION 16.002. Section 33.49(a), Tax Code, as amended by
Chapters 1259 (H.B. 585) and 1290 (H.B. 2302), Acts of the 83rd
Legislature, Regular Session, 2013, is reenacted to read as
follows:
(a) Except as provided by Subsection (b), a taxing unit is
not liable in a suit to collect taxes for court costs, including any
fees for service of process or electronic filing, an attorney ad
litem, arbitration, or mediation, and may not be required to post
security for costs.
SECTION 16.003. Section 171.052(a), Tax Code, as amended by
Chapters 569 (S.B. 734) and 1232 (H.B. 500), Acts of the 83rd
Legislature, Regular Session, 2013, is reenacted to read as
follows:
(a) Except as provided by Subsection (c), an insurance
organization, title insurance company, or title insurance agent
authorized to engage in insurance business in this state that is
required to pay an annual tax measured by its gross premium receipts
is exempted from the franchise tax. A nonadmitted insurance
organization that is required to pay a gross premium receipts tax
during a tax year is exempted from the franchise tax for that same
tax year. A nonadmitted insurance organization that is subject to
an occupation tax or any other tax that is imposed for the privilege
of doing business in another state or a foreign jurisdiction,
including a tax on gross premium receipts, is exempted from the
franchise tax.
SECTION 16.004. Section 351.101(a), Tax Code, as amended by
Chapters 541 (S.B. 551) and 546 (S.B. 585), Acts of the 83rd
Legislature, Regular Session, 2013, is reenacted and amended to
read as follows:
(a) Revenue from the municipal hotel occupancy tax may be
used only to promote tourism and the convention and hotel industry,
and that use is limited to the following:
(1) the acquisition of sites for and the construction,
improvement, enlarging, equipping, repairing, operation, and
maintenance of convention center facilities or visitor information
centers, or both;
(2) the furnishing of facilities, personnel, and
materials for the registration of convention delegates or
registrants;
(3) advertising and conducting solicitations and
promotional programs to attract tourists and convention delegates
or registrants to the municipality or its vicinity;
(4) the encouragement, promotion, improvement, and
application of the arts, including instrumental and vocal music,
dance, drama, folk art, creative writing, architecture, design and
allied fields, painting, sculpture, photography, graphic and craft
arts, motion pictures, radio, television, tape and sound recording,
and other arts related to the presentation, performance, execution,
and exhibition of these major art forms;
(5) historical restoration and preservation projects
or activities or advertising and conducting solicitations and
promotional programs to encourage tourists and convention
delegates to visit preserved historic sites or museums:
(A) at or in the immediate vicinity of convention
center facilities or visitor information centers; or
(B) located elsewhere in the municipality or its
vicinity that would be frequented by tourists and convention
delegates;
(6) for a municipality located in a county with a
population of one million or less, expenses, including promotion
expenses, directly related to a sporting event in which the
majority of participants are tourists who substantially increase
economic activity at hotels and motels within the municipality or
its vicinity;
(7) subject to Section 351.1076, the promotion of
tourism by the enhancement and upgrading of existing sports
facilities or fields, including facilities or fields for baseball,
softball, soccer, and flag football, if:
(A) the municipality owns the facilities or
fields;
(B) the municipality:
(i) has a population of 80,000 or more and
is located in a county that has a population of 350,000 or less;
(ii) has a population of at least 75,000 but
not more than 95,000 and is located in a county that has a
population of less than 200,000 but more than 160,000;
(iii) has a population of at least 36,000
but not more than 39,000 and is located in a county that has a
population of 100,000 or less that is not adjacent to a county with
a population of more than two million;
(iv) has a population of at least 13,000 but
less than 39,000 and is located in a county that has a population of
at least 200,000;
(v) has a population of at least 70,000 but
less than 90,000 and no part of which is located in a county with a
population greater than 150,000;
(vi) is located in a county that:
(a) is adjacent to the Texas-Mexico
border;
(b) has a population of at least
500,000; and
(c) does not have a municipality with
a population greater than 500,000;
(vii) has a population of at least 25,000
but not more than 26,000 and is located in a county that has a
population of 90,000 or less; [or]
(viii) has a population of at least 7,500
and is located in a county that borders the Pecos River and that has
a population of not more than 15,000; or
(ix) [(viii)] is located in a county that
has a population of not more than 300,000 and in which a component
university of the University of Houston System is located; and
(C) the sports facilities and fields have been
used, in the preceding calendar year, a combined total of more than
10 times for district, state, regional, or national sports
tournaments;
(8) for a municipality with a population of at least
70,000 but less than 90,000, no part of which is located in a county
with a population greater than 150,000, the construction,
improvement, enlarging, equipping, repairing, operation, and
maintenance of a coliseum or multiuse facility;
(9) signage directing the public to sights and
attractions that are visited frequently by hotel guests in the
municipality;
(10) the construction of a recreational venue in the
immediate vicinity of area hotels, if:
(A) the municipality:
(i) is a general-law municipality;
(ii) has a population of not more than 900;
and
(iii) does not impose an ad valorem tax;
(B) not more than $100,000 of municipal hotel
occupancy tax revenue is used for the construction of the
recreational venue;
(C) a majority of the hotels in the municipality
request the municipality to construct the recreational venue;
(D) the recreational venue will be used primarily
by hotel guests; and
(E) the municipality will pay for maintenance of
the recreational venue from the municipality's general fund;
(11) the construction, improvement, enlarging,
equipping, repairing, operation, and maintenance of a coliseum or
multiuse facility, if the municipality:
(A) has a population of at least 90,000 but less
than 120,000; and
(B) is located in two counties, at least one of
which contains the headwaters of the San Gabriel River; and
(12) for a municipality with a population of more than
175,000 but less than 225,000 that is located in two counties, each
of which has a population of less than 200,000, the construction,
improvement, enlarging, equipping, repairing, operation, and
maintenance of a coliseum or multiuse facility and related
infrastructure or a venue, as defined by Section 334.001(4), Local
Government Code, that is related to the promotion of tourism.
ARTICLE 17. CHANGES RELATING TO TRANSPORTATION CODE
SECTION 17.001. Section 222.108(d), Transportation Code,
as amended by Chapter 1182 (S.B. 971), Acts of the 83rd Legislature,
Regular Session, 2013, and repealed by Chapter 114 (S.B. 1110),
Acts of the 83rd Legislature, Regular Session, 2013, is reenacted
to give effect to the amendment by Chapter 1182 to read as follows:
(d) In this section, "transportation project" includes:
(1) transportation projects described by Section
370.003; and
(2) port security, transportation, or facility
projects described by Section 55.001(5).
SECTION 17.002. Section 222.110(e), Transportation Code,
as amended by Chapters 114 (S.B. 1110) and 1134 (H.B. 2300), Acts of
the 83rd Legislature, Regular Session, 2013, is reenacted and
amended to read as follows:
(e) The sales and use taxes to be deposited into the tax
increment account under this section may be disbursed from the
account only to:
(1) pay for projects authorized under Section 222.104
or 222.108; and
(2) notwithstanding Sections 321.506 and 323.505, Tax
Code, satisfy claims of holders of tax increment bonds, notes, or
other obligations issued or incurred for projects authorized under
Section 222.104, [or] 222.1071, or 222.108.
SECTION 17.003. Section 251.018, Transportation Code, as
added by Chapter 1134 (H.B. 2300), Acts of the 83rd Legislature,
Regular Session, 2013, is repealed as duplicative of Section
251.019, Transportation Code, as added by Chapter 1372 (S.B. 1747),
Acts of the 83rd Legislature, Regular Session, 2013.
SECTION 17.004. Section 460.406(c), Transportation Code,
is amended to correct a reference to read as follows:
(c) The board of directors may authorize the negotiation of
a contract without competitive sealed bids or proposals if:
(1) the aggregate amount involved in the contract is
$50,000 or less;
(2) the contract is for construction for which not
more than one bid or proposal is received;
(3) the contract is for services or property for which
there is only one source or for which it is otherwise impracticable
to obtain competition;
(4) the contract is to respond to an emergency for
which the public exigency does not permit the delay incident to the
competitive process;
(5) the contract is for personal or professional
services or services for which competitive bidding is precluded by
law;
(6) the contract, without regard to form and which may
include bonds, notes, loan agreements, or other obligations, is for
the purpose of borrowing money or is a part of a transaction
relating to the borrowing of money, including:
(A) a credit support agreement, such as a line or
letter of credit or other debt guaranty;
(B) a bond, note, debt sale or purchase, trustee,
paying agent, remarketing agent, indexing agent, or similar
agreement;
(C) an agreement with a securities dealer,
broker, or underwriter; and
(D) any other contract or agreement considered by
the board of directors to be appropriate or necessary in support of
the authority's financing activities;
(7) the contract is for work that is performed and paid
for by the day as the work progresses;
(8) the contract is for the lease or purchase of an
interest in land;
(9) the contract is for the purchase of personal
property sold:
(A) at an auction by a state licensed auctioneer;
(B) at a going out of business sale held in
compliance with Subchapter F, Chapter 17, Business & Commerce Code;
or
(C) by a political subdivision of this state, a
state agency, or an entity of the federal government;
(10) the contract is for services performed by blind
or severely disabled persons;
(11) the contract is for the purchase of electricity;
(12) the contract is one for an authority project and
awarded for alternate project delivery using the procedures under
Subchapters E, F, G, and I, Chapter 2269 [2267], Government Code[,
as added by Chapter 1129 (H.B. 628), Acts of the 82nd Legislature,
Regular Session, 2011]; or
(13) the contract is for fare enforcement officer
services under Section 460.1092.
SECTION 17.005. Section 502.402(a), Transportation Code,
as amended by Chapters 1273 (H.B. 1198) and 1277 (H.B. 1573), Acts
of the 83rd Legislature, Regular Session, 2013, is reenacted to
read as follows:
(a) This section applies only to:
(1) a county that:
(A) borders the United Mexican States; and
(B) has a population of more than 250,000; and
(2) a county that has a population of more than 1.5
million that is coterminous with a regional mobility authority.
SECTION 17.006. Section 521.044(a), Transportation Code,
as amended by Chapters 1012 (H.B. 2512) and 1105 (H.B. 3787), Acts
of the 83rd Legislature, Regular Session, 2013, is reenacted and
amended to read as follows:
(a) Information provided on a driver's license application
that relates to the applicant's social security number may be used
only by the department or disclosed only to:
(1) the child support enforcement division of the
attorney general's office;
(2) another state entity responsible for enforcing the
payment of child support;
(3) the United States Selective Service System as
provided by Section 521.147;
(4) the unclaimed property division of the
comptroller's office; [or]
(5) the Health and Human Services Commission; or
(6) [(5)] the secretary of state for the purposes of
voter registration or the administration of elections.
SECTION 17.007. Section 541.201(1), Transportation Code,
as amended by Chapters 17 (S.B. 223), 254 (H.B. 567), 275 (H.B.
802), and 630 (S.B. 1917), Acts of the 83rd Legislature, Regular
Session, 2013, is reenacted and amended to read as follows:
(1) "Authorized emergency vehicle" means:
(A) a fire department or police vehicle;
(B) a public or private ambulance operated by a
person who has been issued a license by the Department of State
Health Services;
(C) an emergency medical services vehicle:
(i) authorized under an emergency medical
services provider license issued by the Department of State Health
Services under Chapter 773, Health and Safety Code; and
(ii) operating under a contract with an
emergency services district that requires the emergency medical
services provider to respond to emergency calls with the vehicle;
(D) a municipal department or public service
corporation emergency vehicle that has been designated or
authorized by the governing body of a municipality;
(E) [(D)] a county-owned or county-leased
emergency management vehicle that has been designated or authorized
by the commissioners court;
(F) a vehicle that has been designated by the
department under Section 546.0065;
(G) [(E)] a private vehicle of a volunteer
firefighter or a certified emergency medical services employee or
volunteer when responding to a fire alarm or medical emergency;
(H) [(F)] an industrial emergency response
vehicle, including an industrial ambulance, when responding to an
emergency, but only if the vehicle is operated in compliance with
criteria in effect September 1, 1989, and established by the
predecessor of the Texas Industrial Emergency Services Board of the
State Firemen's and Fire Marshals' Association of Texas;
(I) [(G)] a vehicle of a blood bank or tissue
bank, accredited or approved under the laws of this state or the
United States, when making emergency deliveries of blood, drugs,
medicines, or organs;
(J) [(H)] a vehicle used for law enforcement
purposes that is owned or leased by a federal governmental entity;
or
(K) [(H)] a private vehicle of an employee or
volunteer of a county emergency management division in a county
with a population of more than 46,500 and less than 48,000 that is
designated as an authorized emergency vehicle by the commissioners
court of that county.
SECTION 17.008. Section 681.008(b), Transportation Code,
as amended by Chapters 223 (H.B. 120), 309 (H.B. 1514), and 1010
(H.B. 2485), Acts of the 83rd Legislature, Regular Session, 2013,
is reenacted and amended to read as follows:
(b) A vehicle on which license plates described by
Subsection (a)(2) or issued under Section 504.202, [Section]
504.310, 504.315, [or] 504.316, or 504.319 are displayed is exempt
from the payment of a parking fee collected through a parking meter
charged by a governmental authority other than a branch of the
federal government, when being operated by or for the
transportation of:
(1) the person who registered the vehicle under
Section 504.202(a), [Section] 504.310, 504.315, [or] 504.316, or
504.319;
(2) a person described in Section 504.202(b) if the
vehicle is registered under that subsection; or
(3) the owner or operator of a vehicle displaying
license plates described by Subsection (a)(2).
ARTICLE 18. CHANGES RELATING TO WATER CODE
SECTION 18.001. Section 13.1871(s), Water Code, as added by
Chapter 171 (S.B. 567), Acts of the 83rd Legislature, Regular
Session, 2013, is repealed as duplicative of Section 13.1871(s),
Water Code, as added by Chapter 170 (H.B. 1600), Acts of the 83rd
Legislature, Regular Session, 2013.
ARTICLE 19. CHANGES RELATING TO THE DISPOSITION OF CERTAIN CIVIL
STATUTES
SECTION 19.001. (a) Subtitle D, Title 13, Occupations Code,
is amended to codify Chapter 528 (S.B. 155), Acts of the 76th
Legislature, Regular Session, 1999 (Article 178d-1, Vernon's Texas
Civil Statutes), by adding Chapter 2158 to read as follows:
CHAPTER 2158. SPECIAL EVENT PARKING CHARGE LIMITATION
Sec. 2158.001. DEFINITIONS. In this chapter:
(1) "Institution of higher education" and "private or
independent institution of higher education" have the meanings
assigned by Section 61.003, Education Code.
(2) "Parking facility," "parking facility owner," and
"vehicle" have the meanings assigned by Section 2308.002,
Occupations Code.
(3) "Special event" includes a sporting event,
convention, concert, exhibit, parade, or political rally.
Sec. 2158.002. LIMITATION OF PARKING CHARGE IN CONNECTION
WITH SPECIAL EVENT. (a) A parking facility owner may not charge
for parking a vehicle in the parking facility in connection with a
special event an amount that is more than two times the amount
computed using the rate that is normally charged for parking a
vehicle in the facility on that day of the week and at that time.
(b) This section does not apply to an institution of higher
education or a private or independent institution of higher
education.
Sec. 2158.003. CRIMINAL OFFENSE. (a) A person commits an
offense if the person violates Section 2158.002(a).
(b) An offense under this section is a Class C misdemeanor.
(c) It is a defense to prosecution under this section that
the parking facility owner posted a conspicuous sign at least two
feet wide and two feet high at the entrance to the parking facility
stating:
(1) in print at least six inches in height, the rate
that is normally charged for parking a vehicle in the facility; and
(2) in print at least six inches in height, the rate
that is charged for parking a vehicle in the facility in connection
with a special event.
(b) Chapter 528 (S.B. 155), Acts of the 76th Legislature,
Regular Session, 1999 (Article 178d-1, Vernon's Texas Civil
Statutes), is repealed.
SECTION 19.002. Chapter 294 (S.B. 281), Acts of the 69th
Legislature, Regular Session, 1985 (Article 326k-90, Vernon's
Texas Civil Statutes), is repealed as executed.
SECTION 19.003. Chapter 496 (S.B. 102), Acts of the 47th
Legislature, Regular Session, 1941 (Article 695d, Vernon's Texas
Civil Statutes), is repealed as executed.
SECTION 19.004. (a) Title 4, Water Code, is amended to
codify Chapter 702 (S.B. 1358), Acts of the 68th Legislature,
Regular Session, 1983 (Article 717r, Vernon's Texas Civil
Statutes), by adding Chapter 51A to read as follows:
CHAPTER 51A. METROPOLITAN WATER CONTROL AND IMPROVEMENT DISTRICTS
AND SUBDISTRICTS
Sec. 51A.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of a
district.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "District" means a conservation and reclamation
district that:
(A) is created by general or special law pursuant
to Section 59, Article XVI, Texas Constitution;
(B) is governed by Chapter 51 to the extent the
provisions of that chapter are not inconsistent with the provisions
of any special law creating the district; and
(C) contains at least 10,000 acres after all
exclusions of land have occurred.
(4) "Refunding bond" means a refunding bond issued by
a district.
(5) "Residential neighborhood" means an area that, as
it develops, will consist of detached single-family residences on
not less than 79 percent of the net residential acreage of the area
and will consist of condominiums or multifamily rental units with a
density greater than 15 units per net residential acre on not more
than 10 percent of the net residential acreage of the area.
Notwithstanding the foregoing, "residential neighborhood" means an
area that, as it develops, will consist of detached single-family
residences on not less than 87-1/2 percent of the net residential
acreage of the area if the preliminary engineering report adopted
by the board before the authorization of bonds stipulates that
approximately 87-1/2 percent of the net residential acreage will
consist of single-family residences; provided, however, that on the
full utilization of all facilities constructed with the proceeds of
the bonds authorized, the definition of "residential neighborhood"
stated in the first sentence of this subdivision applies. A
variance of as much as three percent from the percentages set forth
above is permissible during development if the percentages are met
on completion of development.
(6) "Subdistrict" means a conservation and
reclamation district created pursuant to Section 59, Article XVI,
Texas Constitution, and this chapter to provide fresh water supply
and distribution, sanitary sewage collection and treatment, and
storm sewer and drainage facilities and services to residential
neighborhoods.
(7) "Subdistrict board" means the board of directors
of a subdistrict.
Sec. 51A.002. REFUNDING BONDS. (a) A district may issue
bonds to refund all or part of its outstanding bonds, notes, or
other obligations, including matured but unpaid interest. Except
as otherwise provided by this section, Section 51.438 applies to
refunding bonds issued under this section.
(b) Refunding bonds may be payable from:
(1) the same source as the bonds, notes, or other
obligations being refunded;
(2) the source described by Subdivision (1) and
additional sources; or
(3) sources other than the source described by
Subdivision (1).
(c) A district must publish notice of intent to issue
refunding bonds at least once a week for two consecutive weeks in a
newspaper of general circulation within the district and at least
15 days before the date of the meeting of the board at which it is
proposed to issue the bonds. Before the issuance of the bonds, if a
petition signed by not less than 10 percent of the registered voters
of the district is filed with the district calling for a referendum
on the refunding bond issue, the board shall, at its next meeting,
order an election to be held within the district to determine
whether the bonds shall be issued. The election shall be held in
the manner prescribed by Chapter 1251, Government Code, for the
issuance of municipal bonds.
Sec. 51A.003. CREATION OF SUBDISTRICTS. (a) The
commission may create subdistricts over designated territory
within the boundaries of a district as provided by this section.
(b) A petition that contains the substance of the
requirements of Sections 51.013 and 51.014 must be filed with the
commission.
(c) The commission shall have notice of the hearing on the
petition given in the manner required by Section 51.018.
(d) The hearing must be conducted in the manner provided by
Section 51.020, and the commission shall grant or refuse the
petition in the manner provided by Section 51.021. An appeal from
the decision of the commission must be made in the manner provided
by Sections 51.022 through 51.025. The commission shall appoint
five directors to serve as the subdistrict board, each of whom must
meet the qualifications provided by Section 51.072.
(e) Not later than the 60th day after the date on which a
petition for the creation of a subdistrict is granted by the
commission, the subdistrict board shall adopt an order calling
elections within the boundaries of the subdistrict in the manner
provided by Subchapter D, Chapter 49, to:
(1) confirm the creation of the subdistrict in the
manner provided by Section 49.102;
(2) authorize the issuance of bonds by the subdistrict
or by the district on behalf of the subdistrict to be repaid by ad
valorem taxes, revenue, or ad valorem taxes and revenue derived by
the subdistrict;
(3) authorize a tax within the boundaries of the
subdistrict to make payments under a contract with the district to
support refunding bonds of the district in accordance with the
exclusions procedure provided by Section 51A.005;
(4) authorize a maintenance tax within the boundaries
of the subdistrict in the manner provided by Section 49.107; and
(5) elect a permanent board of directors for the
subdistrict in the manner provided by Subchapter D, Chapter 49, and
Section 51.075.
(f) A subdistrict:
(1) may sue and be sued in its own name;
(2) until excluded from the boundaries of the district
in accordance with Section 51A.005, has concurrent jurisdiction
with the district that is in the territory within the boundaries of
the subdistrict; and
(3) may exercise the rights and powers of the district
within the boundaries of the subdistrict.
(g) The ad valorem plan of taxation applies to each
subdistrict, and a hearing for exclusions of land from a
subdistrict is not necessary before an election under Subsection
(e) is held.
(h) A subdistrict may be dissolved in the same manner as a
district.
(i) A subdistrict is governed by Chapter 51 and all other
general laws of this state to the extent those laws are not
inconsistent with this chapter.
Sec. 51A.004. SUBDISTRICT BONDS. (a) Before adopting an
order calling elections under Section 51A.003(e), the engineer for
a subdistrict shall present a report to the subdistrict board that
conforms to Section 51.410 with regard to the bonds to be issued by
the subdistrict or by the district on behalf of the subdistrict.
(b) After the engineer's report is filed and approved, the
subdistrict board shall order an election within the boundaries of
the subdistrict to authorize the issuance of bonds by the
subdistrict or by the district on behalf of the subdistrict in
accordance with this chapter and Sections 49.106 and 51.411.
(c) Bonds authorized at an election within the subdistrict
may only be repaid from ad valorem taxes imposed on all taxable
property within the boundaries of the subdistrict or income,
increment, and revenue derived from the ownership or operation of
any part of the assets of the subdistrict or any combination of
those sources. The district is not liable for the repayment of
those bonds except as provided by this subsection.
(d) A subdistrict may issue refunding bonds as provided by
Section 51A.002.
(e) Bonds issued by a subdistrict or by the district on
behalf of the subdistrict are investment securities under Chapter
2257, Government Code, are public securities under Chapter 1201,
Government Code, and are subject to the general laws of this state
relating to bonds of a water control and improvement district to the
extent that those general laws are not inconsistent with this
chapter.
Sec. 51A.005. EXCLUSION OF TERRITORY WITHIN SUBDISTRICT.
(a) A subdistrict board shall call an election within the
subdistrict to coincide with the confirmation election under
Section 51A.003(e) at which a proposition shall be submitted to the
voters to authorize the subdistrict to enter into a contract with
the district under which the subdistrict would impose an unlimited
ad valorem tax on all taxable property within the subdistrict to
repay to the district a portion of the district's total outstanding
indebtedness. That portion would be calculated by multiplying the
total outstanding indebtedness of the district on the date of the
first payment under the proposed contract by a percentage equal to
the proportion of the total taxable property within the district
borne by the total taxable property within the subdistrict, as of
the date of the preceding tax roll.
(b) The ballots in the election under Subsection (a) shall
be printed to provide for voting for or against the following
proposition: "The execution of a contract and the imposition of
taxes to pay for the contract." A copy of the proposed contract
shall be available at the office of the district for inspection
before the election. The election shall otherwise be conducted in
conformity with the provisions of Chapter 51 relating to elections
to approve a tax-supported contract with the United States.
(c) If the proposition is approved at the election under
Subsection (a), the board of the district shall, on receipt of a
petition that conforms substantially to Section 49.305 and
describes the territory within the subdistrict, conduct a hearing
not later than the 30th day after the date of receipt of the
petition on the exclusion of the subdistrict from the boundaries of
the district.
(d) If the subdistrict board establishes at the hearing that
the subdistrict has been created, has authorized the issuance of
bonds by the subdistrict or by the district on behalf of the
subdistrict, has authorized the tax-supported contract payment,
and has elected a permanent board of directors, the board of the
district shall, at the conclusion of the hearing, enter an order
approving the contract supported by a tax within the subdistrict
and excluding all land within the subdistrict from the boundaries
of the district contingent only on the completion of the refunding
bond issue.
(e) Refunding bonds may be issued by a district to implement
the exclusion of land within a subdistrict under any terms that are
considered advisable by the board of the district and are only
subject to the interest rate limitations imposed by the
constitution and laws of this state. If refunding bonds are not
issued by a district on or before the 30th day after the date of the
hearing at which the subdistrict establishes all items in
Subsection (d), all property within the subdistrict is considered
excluded from the boundaries of the district on the expiration of
the 30th day after the date of the hearing.
(f) Any subdistrict located within a service area as defined
by a United States Environmental Protection Agency grant used by a
district to expand its wastewater treatment plant shall obtain
wastewater treatment services to the extent of capacity provided
with the United States Environmental Protection Agency grant
proceeds from the wastewater treatment plant constructed with the
prior proceeds of the United States Environmental Protection Agency
grant in accordance with the terms of a contract approved by the
governing bodies of the subdistrict and the district.
(g) To reduce the cost of services to its residents and
taxpayers, the subdistrict shall use the employees, consultants,
staff, and services of the district and reimburse the district for
all costs of furnishing those services. The services may be
terminated for good cause. The subdistrict and the district shall
submit to arbitration any dispute between the subdistrict and the
district.
Sec. 51A.006. WATER AND SEWER RATES. A district shall
establish rates for all services to subdistricts after the
exclusion of the subdistricts from the boundaries of the district.
The rates may not exceed 150 percent of the rates for similar
services for residents of the district.
Sec. 51A.007. ELECTION DATES. An election authorized by
this chapter may be held on any day of the year other than a general
election date and is not limited to the uniform election dates
established by Section 41.001(a), Election Code.
Sec. 51A.008. PUBLIC PURPOSE. This chapter facilitates and
advances the conservation and reclamation of the natural resources
of this state by permitting certain water control and improvement
districts to extend fresh water supply and distribution facilities,
storm water and flood control facilities, and sanitary sewage
collection and treatment facilities into areas that have previously
not received such facilities. The reclamation of land for
development and use as residential neighborhoods will be
implemented and the health, welfare, and safety of residents of
those neighborhoods will be additionally protected.
Sec. 51A.009. CONSTRUCTION. The powers granted by this
chapter to districts shall be broadly interpreted and liberally
construed to effect the legislative intent and the purposes of this
chapter and not as a limitation of powers.
(b) Chapter 702 (S.B. 1358), Acts of the 68th Legislature,
Regular Session, 1983 (Article 717r, Vernon's Texas Civil
Statutes), is repealed.
SECTION 19.005. (a) Chapter 49, Water Code, is amended to
codify Chapter 707 (H.B. 993), Acts of the 69th Legislature,
Regular Session, 1985 (Article 973c, Vernon's Texas Civil
Statutes), by adding Subchapter J-1 to read as follows:
SUBCHAPTER J-1. EXCLUSION OF URBAN PROPERTY FROM CERTAIN WATER
DISTRICTS
Sec. 49.3181. DEFINITIONS. As used in this subchapter:
(1) "District" means any district or authority created
under Sections 52(b)(1) and (2), Article III, or Section 59,
Article XVI, Texas Constitution, the principal purpose of which is,
or that is principally engaged in, supplying water for the
irrigation of agricultural lands.
(2) "Urban property" means land that:
(A) has been subdivided into town lots, town lots
and blocks, or small parcels of the same general nature as town lots
or town lots and blocks and is designed, intended, or suitable for
residential or other nonagricultural purposes, as distinguished
from farm acreage, and includes streets, alleys, parkways, parks,
and railroad property and rights-of-way within that subdivided
land; and
(B) is in a subdivision:
(i) that is within the corporate limits or
extraterritorial jurisdiction of a municipality that has
subdivision approval jurisdiction under Chapter 212, Local
Government Code; and
(ii) for which a plat or map has been filed
and recorded in the office of the county clerk of the county in
which the subdivision or any part of the subdivision is located.
Sec. 49.3182. CONDITIONS FOR EXCLUSION OF URBAN PROPERTY.
Urban property that is located in a district may be excluded from
the district as provided by this subchapter only after the
following have been paid to the district:
(1) all taxes, assessments, and other charges of the
district accrued on the property to be excluded, together with all
interest and penalties accrued on those taxes, assessments, and
charges;
(2) the proportionate part of the outstanding bonded
indebtedness or indebtedness in connection with a loan from an
agency of the United States for which the property proposed to be
excluded is liable, as determined under this subchapter; and
(3) agreement on a reasonable determined amount to be
paid by the municipality or other supplier of potable water to
compensate the district for loss of revenue occasioned by the
exclusion.
Sec. 49.3183. APPLICATION FOR EXCLUSION. (a) The owner or
owners of urban property in a district and subject to taxation by
the district, and on which all amounts due the district under
Section 49.3182(1) have been paid, may file a written and sworn
application with the district to exclude that property from the
district.
(b) The application must:
(1) include a sworn acknowledgment by the owner or
owners of the property;
(2) describe the property to be excluded by
identifying the lot or block number of the subdivision and the name
or designation of the subdivision as shown on the recorded plat of
the subdivision, or by some other method of identification; and
(3) state that the property is used or intended to be
used for the purposes for which it was subdivided and is not used or
intended to be used, wholly or partly, for agricultural purposes.
(c) A copy of the recorded map or plat of the subdivision
must accompany the application and must clearly delineate the part
of the subdivision, if less than the whole, to be excluded from the
district.
(d) The applicant must also provide the district with
evidence satisfactory to, or required by, the board of the
applicant's:
(1) ownership of the property proposed to be excluded;
and
(2) right to have the property excluded from the
district.
Sec. 49.3184. CONSIDERATION OF APPLICATION. (a) As soon
as practicable after an application is filed, the board shall
consider the application and inquire into all the facts relating to
the application that the board considers necessary for determining
whether a public hearing on the application should be held.
(b) After consideration and investigation, the board shall
adopt an order approving further consideration of the application
if the board finds that:
(1) all amounts due the district under Section
49.3182(1) up to the date of the filing of the application have been
paid;
(2) the property described in the application:
(A) is owned by the applicant;
(B) is urban property and is not used or intended
to be used for agricultural purposes; and
(C) will require a source of treated potable
water from the municipality in which the subdivision is located;
and
(3) the exclusion of the property will not cut off the
district or its facilities from ready and convenient access to
other land remaining in the district for irrigation or other
district purposes.
(c) If the board is unable to make any one of the findings
under Subsection (b), it shall adopt a resolution rejecting the
application.
(d) A resolution of the board rejecting an application is
final and not subject to review by any other body, tribunal, or
authority.
Sec. 49.3185. DETERMINATION OF PROPORTIONATE AMOUNT OF
INDEBTEDNESS. (a) If the board approves further consideration of
an application, the board shall determine the proportionate amount
of the bonded or contractual indebtedness for which the property to
be excluded is liable as provided by this section.
(b) If the district has outstanding bonded indebtedness,
the board shall obtain from the chief appraiser a certified copy of
the appraised value of all the property to be excluded for the five
years preceding the year in which the application is filed, as shown
by the tax rolls of the district, and the appraised value of all
taxable property in the district according to the most recent tax
rolls of the district. The part of the district's total outstanding
bonded indebtedness to be paid by the applicant as a condition
precedent to the exclusion of the property is that proportion of the
indebtedness, including unpaid interest computed to the date of the
order, that the appraised value of the property to be excluded bears
to the appraised value of all taxable property in the district
according to the most recent tax rolls.
(c) If the district has contractual or other indebtedness
being repaid on the benefit tax basis, the board shall obtain from
the appropriate records the manner in which the tax is assessed, and
from those records the district shall calculate the part of the
total outstanding indebtedness of the district remaining to be paid
that is attributable to the property to be excluded.
(d) The order of the board approving further consideration
of the application must also state the amounts required to be paid
under Section 49.3182 as a condition of the exclusion of the
property.
Sec. 49.3186. DEADLINE FOR PAYMENT OF AMOUNTS DUE. The
order of the board approving further consideration of the
application has no force or effect and no further proceeding may be
held on the application unless the applicant deposits with the
district the amounts due under Section 49.3182 not later than:
(1) the 20th day after the date on which the order was
adopted; or
(2) the expiration of a period not to exceed 30 days
after the date on which the order was adopted as ordered by the
board.
Sec. 49.3187. NOTICE AND HEARING. (a) If the deposit is
made within the time provided by Section 49.3186, the board shall
order a public hearing to be held on the application at the regular
office of the district not less than 15 or more than 30 days after
the date of the hearing order.
(b) The board shall have notice of the hearing posted in a
conspicuous place in the office of the district and at the
courthouse of the county in which the property proposed to be
excluded is situated.
Sec. 49.3188. RESOLUTION EXCLUDING URBAN PROPERTY OR
REJECTING APPLICATION; EFFECTS OF EXCLUSION. (a) If, as a result
of a hearing ordered under Section 49.3187, the board finds that the
owners of a majority in acreage of the urban property do not desire
irrigation of that property or that the urban property is not used
or intended to be used for agricultural purposes, the board shall
adopt a resolution setting forth those findings and excluding the
urban property or the part of the urban property as to which the
findings are made.
(b) If any canals, ditches, pipelines, pumps, or other
facilities of the district are located on land excluded under the
resolution, the exclusion does not affect or interfere with any
district rights to maintain and continue operation of the
facilities as located to service land remaining in the district.
(c) A copy of the resolution excluding urban property from
the district certified to and acknowledged by the secretary of the
board must be recorded by the district in the deed records of the
county in which the excluded property is located as evidence of the
exclusion.
(d) On the passage of the resolution:
(1) the property excluded does not constitute a part
of the district; and
(2) the owner of the excluded property:
(A) has no further liability to the district or
for any bonded or other indebtedness of the district; and
(B) is not subject to further taxation by the
district.
(e) If the board determines from the hearing that for any
reason the application should not be granted, the board shall adopt
a resolution rejecting the application, and the deposit made by the
applicant is subject to withdrawal by the applicant or on the
board's order.
Sec. 49.3189. CONVERSION OF WATER RIGHTS. After a district
excludes land from the district's territory under this subchapter,
the municipality or other municipal supplier that proposes to serve
the land with a potable water supply may petition the district to
convert the proportionate water rights previously allocated for the
land from irrigation use rights to municipal use rights for the use
and benefit of the municipality or other municipal supplier. The
district shall compute the proportionate water rights available and
shall initiate administrative proceedings to convert the
irrigation use rights to municipal use rights. Before the district
is obligated to initiate the administrative proceedings, the
municipality or other municipal supplier must deposit with the
district the amount that the district estimates the district will
incur as reasonable expenses and attorney's fees in those
proceedings. On approval of the conversion by the commission, the
district shall deliver the water to the municipality or other
municipal supplier in the manner those entities may agree to under
this code.
(b) Chapter 707 (H.B. 993), Acts of the 69th Legislature,
Regular Session, 1985 (Article 973c, Vernon's Texas Civil
Statutes), is repealed.
SECTION 19.006. Article 974d-45, Revised Statutes, is
repealed as executed.
SECTION 19.007. (a) Chapter 199, Transportation Code, is
amended to codify Chapter 181 (H.B. 871), Acts of the 69th
Legislature, Regular Session, 1985 (Article 1182k, Vernon's Texas
Civil Statutes), by adding Section 199.002 to read as follows:
Sec. 199.002. RAILROAD FUNCTIONS AS PUBLIC AND GOVERNMENTAL
FUNCTIONS. (a) In this section:
(1) "Railroad" means an enterprise created and
operated to carry passengers, freight, or both on a fixed track.
The term includes all real estate and interests in real estate,
equipment, machinery, materials, structures, buildings, stations,
facilities, and other improvements that are necessary to, or for
the benefit of, the enterprise.
(2) "Municipality" means a home-rule municipality.
(b) The planning, acquisition, establishment, development,
construction, enlarging, improvement, maintenance, equipping,
operation, regulation, protection, policing, leasing, and
alienation of a railroad or railroad facility by a municipality or
other public agency, separately or jointly exercised:
(1) are declared to be public and governmental
functions that are exercised for a public purpose and matters of
public necessity; and
(2) in the case of a municipality, are declared to be
municipal functions and purposes as well as public and
governmental.
(c) All land and other property and privileges acquired and
used by or on behalf of a municipality or other public agency for
railroad purposes:
(1) are declared to be acquired for public and
governmental purposes and as a matter of public necessity; and
(2) in the case of a municipality, are declared to be
acquired for a municipal purpose.
(d) This section does not confer or convey governmental
immunity or any other limitation of liability to any entity that is
not a governmental entity, governmental authority, or public
agency, or a subdivision of a governmental entity, governmental
authority, or public agency.
(b) Chapter 181 (H.B. 871), Acts of the 69th Legislature,
Regular Session, 1985 (Article 1182k, Vernon's Texas Civil
Statutes), is repealed.
SECTION 19.008. Chapter 4 (S.B. 455), page 689, General
Laws, Acts of the 46th Legislature, Regular Session, 1939 (Article
2603c1, Vernon's Texas Civil Statutes), is repealed as executed.
SECTION 19.009. Chapter 404 (H.B. 768), Acts of the 47th
Legislature, Regular Session, 1941 (Article 2603c2, Vernon's Texas
Civil Statutes), is repealed as executed.
SECTION 19.010. Section 2, Chapter 3 (S.B. 2), Acts of the
62nd Legislature, Regular Session, 1971 (Article 2619b, Vernon's
Texas Civil Statutes), is repealed as no longer necessary because
Pan American University was transferred to The University of Texas
System and renamed by Chapter 181 (S.B. 47), Acts of the 71st
Legislature, Regular Session, 1989.
SECTION 19.011. Chapter 357 (S.B. 319), Acts of the 64th
Legislature, Regular Session, 1975 (Article 4413(32e), Vernon's
Texas Civil Statutes), is repealed as executed.
SECTION 19.012. Chapter 672 (H.B. 1880), Acts of the 65th
Legislature, Regular Session, 1977 (Article 4413(42a), Vernon's
Texas Civil Statutes), is repealed as executed.
SECTION 19.013. Article 2, Chapter 4 (S.B. 3), Acts of the
72nd Legislature, 1st Called Session, 1991 (Article 4413(56a),
Vernon's Texas Civil Statutes), is repealed as executed.
SECTION 19.014. Chapter 685 (H.B. 235), Acts of the 60th
Legislature, Regular Session, 1967 (Article 4413d-3, Vernon's
Texas Civil Statutes), is repealed because a portion was revised in
1975 as Section 12.010, Parks and Wildlife Code, and the remainder
is obsolete.
SECTION 19.015. (a) Subchapter B, Chapter 531, Government
Code, is amended to codify Section 26, Chapter 1027 (H.B. 18), Acts
of the 71st Legislature, Regular Session, 1989 (Article 4438g,
Vernon's Texas Civil Statutes), by adding Section 531.02193 to read
as follows:
Sec. 531.02193. CERTAIN CONDITIONS ON MEDICAID
REIMBURSEMENT OF RURAL HEALTH CLINICS PROHIBITED. The commission
may not impose any condition on the reimbursement of a rural health
clinic under the Medicaid program if the condition is more
stringent than the conditions imposed by the Rural Health Clinic
Services Act of 1977 (Pub. L. No. 95-210) or the laws of this state
regulating the practice of medicine, pharmacy, or professional
nursing.
(b) Section 26, Chapter 1027 (H.B. 18), Acts of the 71st
Legislature, Regular Session, 1989 (Article 4438g, Vernon's Texas
Civil Statutes), is repealed.
SECTION 19.016. Article 5311b, Revised Statutes, is
repealed as executed.
SECTION 19.017. Chapter 128 (S.B. 108), Acts of the 53rd
Legislature, Regular Session, 1953 (Article 5382b-1, Vernon's
Texas Civil Statutes), is repealed as executed.
SECTION 19.018. Chapter 399 (S.B. 238), Acts of the 57th
Legislature, Regular Session, 1961 (Article 5421c-9, Vernon's
Texas Civil Statutes), is repealed as executed.
SECTION 19.019. The following provisions are repealed as
executed:
(1) Chapter 37 (H.B. 12), Acts of the 43rd
Legislature, 3rd Called Session, 1934 (Article 5421f, Vernon's
Texas Civil Statutes); and
(2) Section 1, Chapter 191 (H.B. 56), Acts of the 47th
Legislature, Regular Session, 1941 (Article 5421f-1, Vernon's
Texas Civil Statutes).
SECTION 19.020. Chapter 280 (S.B. 374), Acts of the 54th
Legislature, Regular Session, 1955 (Article 5421o, Vernon's Texas
Civil Statutes), is repealed as executed.
SECTION 19.021. (a) Sections 11(b), (c), and (d), Chapter
141, Acts of the 66th Legislature, Regular Session, 1979 (Article
5920-11, Vernon's Texas Civil Statutes), are repealed as executed.
(b) The headings to Sections 6, 11, and 21, Chapter 141,
Acts of the 66th Legislature, Regular Session, 1979 (Article
5920-11, Vernon's Texas Civil Statutes), are repealed as
unnecessary.
SECTION 19.022. Chapter 292 (H.B. 685), Acts of the 54th
Legislature, Regular Session, 1955 (Article 6070f, Vernon's Texas
Civil Statutes), is repealed as executed.
SECTION 19.023. Chapter 466 (H.B. 1910), Acts of the 71st
Legislature, Regular Session, 1989 (Article 6701j-2, Vernon's
Texas Civil Statutes), is repealed because it was revised in 2003 as
Section 1001.106, Education Code.
SECTION 19.024. (a) Subchapter Z, Chapter 2175,
Government Code, is amended to codify Article 9023d, Revised
Statutes, by adding Section 2175.907 to read as follows:
Sec. 2175.907. DISPOSAL OF COMPUTER EQUIPMENT BY CHARITABLE
ORGANIZATION. (a) In this section:
(1) "Computer equipment" includes computers,
telecommunications devices and systems, automated information
systems, and peripheral devices and hardware that are necessary to
the efficient installation and operation of that equipment, but
does not include computer software.
(2) "Charitable organization" has the meaning
assigned by Section 84.003, Civil Practice and Remedies Code.
(b) Except as provided by Subsections (c) and (d), a
charitable organization that expends funds received from the state,
whether by appropriation, grant, or otherwise, to purchase computer
equipment may not dispose of or discard the equipment before the
fourth anniversary of the date the organization purchased the
equipment.
(c) This section does not prohibit:
(1) the sale or trade of computer equipment; or
(2) the disposal of equipment that is not operational.
(d) A charitable organization may dispose of computer
equipment purchased with state funds within the four-year period
after the date of purchase by donating the equipment to another
charitable organization.
(e) This section applies only to computer equipment that a
charitable organization purchases for at least $500.
(f) The comptroller shall adopt rules to implement this
section.
(b) Article 9023d, Revised Statutes, is repealed.
ARTICLE 20. CHANGES RELATING TO THE ESTATES CODE AND
CODIFICATION OF THE TEXAS PROBATE CODE
SECTION 20.001. Section 15.007, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 15.007. CONFLICT WITH CERTAIN PROVISIONS.
Notwithstanding Sections 15.004, 15.005, and 15.031, to the extent
that venue under this chapter for a suit by or against an executor,
administrator, or guardian as such, for personal injury, death, or
property damage conflicts with venue provisions under the Estates
[Texas Probate] Code, this chapter controls.
SECTION 20.002. Section 21.001(b), Estates Code, is amended
to read as follows:
(b) Consistent with the objectives of the statutory
revision program, the purpose of this code[, except Subtitle X,
Title 2, and Subtitles Y and Z, Title 3,] is to make the law
encompassed by this code[, except Subtitle X, Title 2, and
Subtitles Y and Z, Title 3,] more accessible and understandable by:
(1) rearranging the statutes into a more logical
order;
(2) employing a format and numbering system designed
to facilitate citation of the law and to accommodate future
expansion of the law;
(3) eliminating repealed, duplicative,
unconstitutional, expired, executed, and other ineffective
provisions; and
(4) restating the law in modern American English to
the greatest extent possible.
SECTION 20.003. Section 21.002, Estates Code, is amended to
read as follows:
Sec. 21.002. CONSTRUCTION. [(a)] Except as provided by
[this section,] Section 22.027[,] or [Section] 1002.023, Chapter
311, Government Code (Code Construction Act), applies to the
construction of a provision of this code.
[(b) Chapter 311, Government Code (Code Construction Act),
does not apply to the construction of a provision of Subtitle X,
Title 2, or Subtitle Y or Z, Title 3.]
SECTION 20.004. Section 21.003, Estates Code, is amended to
read as follows:
Sec. 21.003. STATUTORY REFERENCES. [(a)] A reference in a
law other than in this code to a statute or a part of a statute
revised by[, or redesignated as part of,] this code is considered to
be a reference to the part of this code that revises that statute or
part of that statute [or contains the redesignated statute or part
of the statute, as applicable].
[(b) A reference in Subtitle X, Title 2, or Subtitle Y or Z,
Title 3, to a chapter, a part, a subpart, a section, or any portion
of a section "of this code" is a reference to the chapter, part,
subpart, section, or portion of a section as redesignated in the
Estates Code, except that:
[(1) a reference in Subtitle X, Title 2, or Subtitle Y
or Z, Title 3, to Chapter I is a reference to Chapter I, Estates
Code, and to the revision of sections derived from Chapter I, Texas
Probate Code, and any reenactments and amendments to those
sections; and
[(2) a reference in Subtitle X, Title 2, or Subtitle Y
or Z, Title 3, to a chapter, part, subpart, section, or portion of a
section that does not exist in the Estates Code is a reference to
the revision or redesignation of the corresponding chapter, part,
subpart, section, or portion of a section of the Texas Probate Code
and any reenactments or amendments.]
SECTION 20.005. Section 21.005, Estates Code, is amended to
read as follows:
Sec. 21.005. APPLICABILITY OF CERTAIN LAWS.
[(a) Notwithstanding Section 21.002(b) of this code and Section
311.002, Government Code:
[(1) Section 311.032(c), Government Code, applies to
Subtitle X, Title 2, and Subtitles Y and Z, Title 3; and
[(2) Sections 311.005(4) and 311.012(b) and (c),
Government Code, apply to Subtitle X, Title 2, and Subtitles Y and
Z, Title 3.
[(b)] Chapter 132, Civil Practice and Remedies Code, does
not apply to Subchapter C, Chapter 251.
SECTION 20.006. Section 34.001(b), Estates Code, is amended
to read as follows:
(b) Notwithstanding any other provision of this subtitle,
Title 1, [Subtitle X, Title 2,] Chapter 51, 52, 53, 54, 55, or 151,
or Section 351.001, 351.002, 351.053, 351.352, 351.353, 351.354, or
351.355, the proper venue for an action by or against a personal
representative for personal injury, death, or property damages is
determined under Section 15.007, Civil Practice and Remedies Code.
SECTION 20.007. Section 1021.001(a), Estates Code, is
amended to read as follows:
(a) For purposes of this code, in a county in which there is
no statutory probate court, a matter related to a guardianship
proceeding includes:
(1) the granting of letters of guardianship;
(2) the settling of an account of a guardian and all
other matters relating to the settlement, partition, or
distribution of a ward's estate;
(3) a claim brought by or against a guardianship
estate;
(4) an action for trial of title to real property that
is guardianship estate property, including the enforcement of a
lien against the property;
(5) an action for trial of the right of property that
is guardianship estate property;
(6) after a guardianship of the estate of a ward is
required to be settled as provided by Section 1204.001:
(A) an action brought by or on behalf of the
former ward against a former guardian of the ward for alleged
misconduct arising from the performance of the person's duties as
guardian;
(B) an action calling on the surety of a guardian
or former guardian to perform in place of the guardian or former
guardian, which may include the award of a judgment against the
guardian or former guardian in favor of the surety;
(C) an action against a former guardian of the
former ward that is brought by a surety that is called on to perform
in place of the former guardian;
(D) a claim for the payment of compensation,
expenses, and court costs, and any other matter authorized under
Chapter 1155 [and Subpart H, Part 2, Subtitle Z]; and
(E) a matter related to an authorization made or
duty performed by a guardian under Chapter 1204; and
(7) the appointment of a trustee for a trust created
under Section 1301.053 or 1301.054, the settling of an account of
the trustee, and all other matters relating to the trust.
SECTION 20.008. Sections 34.306(a), (b), and (c), Finance
Code, are amended to read as follows:
(a) Subject to Subchapter B, Chapter 111, and Chapters 112
and 113, Estates [Chapter XI, Probate] Code, a bank may accept and
administer a deposit account:
(1) that is opened with the bank by one or more persons
expressly as a trustee for one or more other named persons; and
(2) for which further notice of the existence and
terms of a trust is not given in writing to the bank.
(b) For a deposit account that is opened with a bank by one
or more persons expressly as a trustee for one or more other named
persons under or purporting to be under a written trust agreement,
the trustee may provide the bank with a certificate of trust to
evidence the trust relationship. The certificate must be an
affidavit of the trustee and must include the effective date of the
trust, the name of the trustee, the name of or method for choosing
successor trustees, the name and address of each beneficiary, the
authority granted to the trustee, the disposition of the account on
the death of the trustee or the survivor of two or more trustees,
other information required by the bank, and an indemnification of
the bank. The bank may accept and administer the account, subject
to Subchapter B, Chapter 111, and Chapters 112 and 113, Estates
[Chapter XI, Probate] Code, in accordance with the certificate of
trust without requiring a copy of the trust agreement. The bank is
not liable for administering the account as provided by the
certificate of trust, even if the certificate of trust is contrary
to the terms of the trust agreement, unless the bank has actual
knowledge of the terms of the trust agreement.
(c) On the death of the trustee or of the survivor of two or
more trustees, the bank may pay all or part of the withdrawal value
of the account with interest as provided by the certificate of
trust. If the trustee did not deliver a certificate of trust, the
bank's right to treat the account as owned by a trustee ceases on
the death of the trustee. On the death of the trustee or of the
survivor of two or more trustees, the bank, unless the certificate
of trust provides otherwise, shall pay the withdrawal value of the
account with interest in equal shares to the persons who survived
the trustee, are named as beneficiaries in the certificate of
trust, and can be located by the bank from its own records. If there
is not a certificate of trust, payment of the withdrawal value and
interest shall be made as provided by Subchapter B, Chapter 111, and
Chapters 112 and 113, Estates [Chapter XI, Probate] Code. Any
payment made under this section for all or part of the withdrawal
value and interest discharges any liability of the bank to the
extent of the payment. The bank may pay all or part of the
withdrawal value and interest in the manner provided by this
section, regardless of whether it has knowledge of a competing
claim, unless the bank receives actual knowledge that payment has
been restrained by court order.
SECTION 20.009. Section 34.307(c), Finance Code, is amended
to read as follows:
(c) A bank may not exercise its right of set-off under this
section against an account unless the account is due the depositor
in the same capacity as the defaulted credit obligation. A trust
account for which a depositor is trustee, including a trustee under
a certificate of trust delivered under Section 34.306(b), is not
subject to the right of set-off under this section unless the trust
relationship is solely evidenced by the account card as provided by
Subchapter B, Chapter 111, and Chapters 112 and 113, Estates
[Chapter XI, Probate] Code.
SECTION 20.010. Section 59.105, Finance Code, is amended to
read as follows:
Sec. 59.105. EFFECT OF SUBCHAPTER ON OTHER LAW. This
subchapter does not affect Chapter 151, Estates [Sections 36B-36F,
Texas Probate] Code, or another statute of this state governing
safe deposit boxes.
SECTION 20.011. Section 95.011, Finance Code, is amended to
read as follows:
Sec. 95.011. APPLICABILITY OF ESTATES [PROBATE] CODE. The
applicable provisions of Subchapter B, Chapter 111, and Chapters
112 and 113, Estates [Chapter XI, Texas Probate] Code, govern
deposit accounts held in a savings bank.
SECTION 20.012. Section 123.207, Finance Code, is amended
to read as follows:
Sec. 123.207. FIDUCIARY POWERS. A credit union may:
(1) act, under court order or appointment, as
guardian, receiver, trustee, executor, or administrator without
giving bond;
(2) receive an investment from a person acting as a
guardian, receiver, trustee, executor, or administrator under the
Estates [Texas Probate] Code or Subtitle B, Title 9, Property Code;
(3) act as depository for money paid to a court or
constituting the estate of a deceased person, a minor, or an
incompetent;
(4) accept, execute, and administer a trust as
trustee;
(5) accept funds or money for deposit by a fiduciary,
trustee, receiver, guardian, executor, or administrator; or
(6) act as custodian or trustee of a pension or
profit-sharing plan, including an individual retirement account or
a pension fund of a self-employed individual or of the sponsor of a
credit union.
SECTION 20.013. Section 125.001, Finance Code, is amended
to read as follows:
Sec. 125.001. DEFINITION. In this chapter, "multiple-party
account" has the meaning assigned by Section 113.004, Estates [436,
Texas Probate] Code, except that the term includes an account in
which one or more of the parties is an organization, association,
corporation, or partnership.
SECTION 20.014. Section 125.308(a), Finance Code, is
amended to read as follows:
(a) The death of a trustee does not affect the ownership or
disposition of a trust account unless:
(1) the trust agreement provides otherwise; or
(2) there is not a surviving trustee, and:
(A) the account is a trust account subject to
Subchapter B, Chapter 111, and Chapters 112 and 113, Estates
[Chapter XI, Texas Probate] Code; or
(B) written evidence of the terms of the trust
does not exist.
SECTION 20.015. Section 125.504(a), Finance Code, is
amended to read as follows:
(a) Except as otherwise provided by this section, Sections
125.505 through 125.507, Chapter 151, Estates [Sections 36B through
36F, Texas Probate] Code, or other law, a credit union may not
relocate a safe deposit box rented for a term of six months or
longer if the box rental is not delinquent or may not open the box to
relocate its contents to another location, unless:
(1) the lessee is present when the box is opened or
relocated; or
(2) the lessee has given the credit union written
authorization to relocate the box or to open the box for purposes of
relocation.
SECTION 20.016. Section 182.020(b), Finance Code, is
amended to read as follows:
(b) A foreign corporation or other entity chartered or
domiciled in another jurisdiction as a trust company or depository
institution with trust powers may act as a trustee in this state
only as provided by Subchapter A, Chapter 505, Estates [Section
105A, Texas Probate] Code.
SECTION 20.017. Section 187.002(b), Finance Code, is
amended to read as follows:
(b) Notwithstanding Subsection (a), a trust institution
that does not maintain a principal office, branch, or trust office
in this state may act as a fiduciary in this state to the extent
permitted by Subchapter A, Chapter 505, Estates [Section 105A,
Probate] Code.
SECTION 20.018. Section 187.201(a), Finance Code, is
amended to read as follows:
(a) An out-of-state trust institution may establish a
representative trust office as permitted by this subchapter to:
(1) solicit, but not accept, fiduciary appointments;
(2) act as a fiduciary in this state to the extent
permitted for a foreign corporate fiduciary by Subchapter A,
Chapter 505, Estates [Section 105A, Probate] Code;
(3) perform ministerial duties with respect to
existing clients and accounts of the trust institution;
(4) engage in an activity permitted by Section
182.021; and
(5) to the extent the office is not acting as a
fiduciary:
(A) receive for safekeeping personal property of
every description;
(B) act as assignee, bailee, conservator,
custodian, escrow agent, registrar, receiver, or transfer agent;
and
(C) act as financial advisor, investment advisor
or manager, agent, or attorney-in-fact in any agreed capacity.
SECTION 20.019. Section 274.113(a), Finance Code, is
amended to read as follows:
(a) An action under this subchapter for a fiduciary account
resulting from a decedent's estate or guardianship must be brought
in the county provided for by the Estates [Texas Probate] Code with
respect to the probate of a will, issuance of letters testamentary
or of administration, administration of a decedent's estate,
appointment of a guardian, and administration of a guardianship.
SECTION 20.020. Section 74.098(b), Government Code, is
amended to read as follows:
(b) The court may appoint an attorney included on the list
whose name does not appear first on the list or an attorney not
included on the list if the appointment of that attorney as attorney
ad litem is:
(1) required on a complex matter because the attorney
possesses relevant specialized education, training, certification,
or skill;
(2) made pursuant to the Family Code, Health and
Safety Code, Human Resources Code, Texas Trust Code (Subtitle B,
Title 9, Property Code), or Estates [Texas Probate] Code; or
(3) agreed on by the parties and approved by the court.
SECTION 20.021. Section 118.056, Local Government Code, as
amended by Chapter 66 (H.B. 1136), Acts of the 76th Legislature,
Regular Session, 1999, is amended by amending Subsection (d), as
added by Chapter 399 (H.B. 819), Acts of the 80th Legislature,
Regular Session, 2007, to read as follows:
(d) The fee for filing an inventory and appraisement under
Section 118.052(2)(B)(i) applies only if the instrument is filed
after the 90th day after the date the personal representative has
qualified to serve or, if the court grants an extension under
Section 309.051, Estates [250, Texas Probate] Code, after the date
of the extended deadline specified by the court.
SECTION 20.022. Section 118.067(a), Local Government Code,
is amended to read as follows:
(a) The "supplemental court-initiated guardianship fee"
under Section 118.052(2)(E) is for the support of the judiciary in
guardianships initiated under Chapter 1102, Estates [Section 683,
Texas Probate] Code. Fees collected under Section 118.052(2)(E)
shall be deposited in a court-initiated guardianship fund in the
county treasury and may be used only to supplement, rather than
supplant, other available county funds used to:
(1) pay the compensation of a guardian ad litem
appointed by a court under Section 1102.001, Estates [683, Texas
Probate] Code;
(2) pay the compensation of an attorney ad litem
appointed by a court to represent a proposed ward in a guardianship
proceeding initiated under Chapter 1102, Estates [Section 683,
Texas Probate] Code; and
(3) fund local guardianship programs that provide
guardians for indigent incapacitated persons who do not have family
members suitable and willing to serve as guardians.
SECTION 20.023. The following are repealed:
(1) Section 21.001(c), Estates Code;
(2) the heading to Subchapter E, Chapter 255, Estates
Code;
(3) Subtitle X, Title 2, Estates Code; and
(4) Subtitles Y and Z, Title 3, Estates Code.
ARTICLE 21. REDESIGNATIONS
SECTION 21.001. The following provisions of enacted codes
are redesignated to eliminate duplicate citations or to relocate
misplaced provisions:
(1) Subdivision (26), Section 1.04, Alcoholic
Beverage Code, as added by Chapter 1190 (S.B. 1090), Acts of the
83rd Legislature, Regular Session, 2013, is redesignated as
Subdivision (28), Section 1.04, Alcoholic Beverage Code.
(2) Section 14.05, Alcoholic Beverage Code, as added
by Chapter 195 (S.B. 642), Acts of the 83rd Legislature, Regular
Session, 2013, is redesignated as Section 14.06, Alcoholic Beverage
Code.
(3) Section 105.081, Alcoholic Beverage Code, as added
by Chapter 535 (S.B. 518), Acts of the 83rd Legislature, Regular
Session, 2013, is redesignated as Section 105.082, Alcoholic
Beverage Code.
(4) Chapter 109, Business & Commerce Code, as added by
Chapter 1013 (H.B. 2539), Acts of the 83rd Legislature, Regular
Session, 2013, is redesignated as Chapter 110, Business & Commerce
Code, and Sections 109.001, 109.002, and 109.003, Business &
Commerce Code, as added by that Act, are redesignated as Sections
110.001, 110.002, and 110.003, Business & Commerce Code,
respectively.
(5) Chapter 140, Civil Practice and Remedies Code, as
added by Chapter 1066 (H.B. 3241), Acts of the 83rd Legislature,
Regular Session, 2013, is redesignated as Chapter 140A, Civil
Practice and Remedies Code, and Sections 140.001, 140.002, 140.003,
140.004, 140.005, 140.006, 140.007, 140.008, 140.009, 140.010,
140.011, 140.012, and 140.013, Civil Practice and Remedies Code, as
added by that Act, are redesignated as Sections 140A.001, 140A.002,
140A.003, 140A.004, 140A.005, 140A.006, 140A.007, 140A.008,
140A.009, 140A.010, 140A.011, 140A.012, and 140A.013, Civil
Practice and Remedies Code, respectively.
(6) Subsection (a-1), Article 63.009, Code of Criminal
Procedure, as added by Chapter 571 (S.B. 742), Acts of the 83rd
Legislature, Regular Session, 2013, is redesignated as Subsection
(a-3), Article 63.009, Code of Criminal Procedure.
(7) Section 7.064, Education Code, as added by Chapter
1282 (H.B. 2012), Acts of the 83rd Legislature, Regular Session,
2013, is redesignated as Section 7.065, Education Code.
(8) Subsection (e), Section 21.044, Education Code, as
added by Chapter 1282 (H.B. 2012), Acts of the 83rd Legislature,
Regular Session, 2013, is redesignated as Subsection (g), Section
21.044, Education Code.
(9) Subsection (d), Section 21.054, Education Code, as
added by Chapter 1306 (H.B. 3793), Acts of the 83rd Legislature,
Regular Session, 2013, is redesignated as Subsection (g), Section
21.054, Education Code.
(10) Section 39.038, Education Code, as added by
Chapter 1279 (H.B. 1675), Acts of the 83rd Legislature, Regular
Session, 2013, is redesignated as Section 39.040, Education Code.
(11) Section 39.0545, Education Code, as added by
Chapter 167 (S.B. 1538), Acts of the 83rd Legislature, Regular
Session, 2013, is redesignated as Section 39.0548, Education Code.
(12) Section 39.084, Education Code, as added by
Chapter 895 (H.B. 3), Acts of the 81st Legislature, Regular
Session, 2009, is transferred to Subchapter A, Chapter 44,
Education Code, and redesignated as Section 44.0051, Education
Code.
(13) Subsection (d), Section 51.406, Education Code,
as added by Chapter 1312 (S.B. 59), Acts of the 83rd Legislature,
Regular Session, 2013, is redesignated as Subsection (e), Section
51.406, Education Code.
(14) Section 56.009, Education Code, as added by
Chapter 1155 (S.B. 215), Acts of the 83rd Legislature, Regular
Session, 2013, is redesignated as Section 56.0091, Education Code.
(15) Subchapter II, Chapter 61, Education Code, as
added by Chapter 983 (H.B. 2099), Acts of the 83rd Legislature,
Regular Session, 2013, is redesignated as Subchapter JJ, Chapter
61, Education Code.
(16) Subchapter II, Chapter 61, Education Code, as
added by Chapter 1229 (S.B. 1720), Acts of the 83rd Legislature,
Regular Session, 2013, is redesignated as Subchapter KK, Chapter
61, Education Code.
(17) Section 54.04011, Family Code, as added by
Chapter 186 (S.B. 92), Acts of the 83rd Legislature, Regular
Session, 2013, is redesignated as Section 54.04012, Family Code.
(18) Subsection (g), Section 264.121, Family Code, as
added by Chapter 342 (H.B. 2111), Acts of the 83rd Legislature,
Regular Session, 2013, is redesignated as Subsection (h), Section
264.121, Family Code.
(19) Section 264.124, Family Code, as added by Chapter
444 (S.B. 769), Acts of the 83rd Legislature, Regular Session,
2013, is redesignated as Section 264.125, Family Code.
(20) Section 72.031, Government Code, as added by
Chapter 1249 (S.B. 1908), Acts of the 83rd Legislature, Regular
Session, 2013, is redesignated as Section 72.032, Government Code.
(21) Subtitle K, Title 2, Government Code, as added by
Chapter 42 (S.B. 966), Acts of the 83rd Legislature, Regular
Session, 2013, is redesignated as Subtitle L, Title 2, Government
Code.
(22) Subsection (e), Section 411.185, Government
Code, as added by Chapter 665 (H.B. 1349), Acts of the 83rd
Legislature, Regular Session, 2013, is redesignated as Subsection
(g), Section 411.185, Government Code.
(23) Section 442.028, Government Code, as added by
Chapter 376 (H.B. 3211), Acts of the 83rd Legislature, Regular
Session, 2013, is redesignated as Section 442.029, Government Code.
(24) Section 501.023, Government Code, as added by
Chapter 261 (H.B. 634), Acts of the 83rd Legislature, Regular
Session, 2013, is redesignated as Section 501.024, Government Code.
(25) Subsection (e), Section 508.281, Government
Code, as added by Chapter 1154 (S.B. 213), Acts of the 83rd
Legislature, Regular Session, 2013, is redesignated as Subsection
(f), Section 508.281, Government Code.
(26) Subdivision (7), Section 551.001, Government
Code, as added by Chapter 685 (H.B. 2414), Acts of the 83rd
Legislature, Regular Session, 2013, is redesignated as Subdivision
(8), Section 551.001, Government Code.
(27) Section 662.056, Government Code, as added by
Chapter 51 (H.B. 419), Acts of the 83rd Legislature, Regular
Session, 2013, is redesignated as Section 662.057, Government Code.
(28) Section 791.035, Government Code, as added by
Chapter 1211 (S.B. 1411), Acts of the 83rd Legislature, Regular
Session, 2013, is redesignated as Section 791.036, Government Code.
(29) Subchapter O, Chapter 2054, Government Code, as
added by Chapter 32 (S.B. 1102), Acts of the 83rd Legislature,
Regular Session, 2013, is redesignated as Subchapter N-1, Chapter
2054, Government Code, and Sections 2054.551, 2054.552, 2054.553,
and 2054.554, Government Code, as added by that Act, are
redesignated as Sections 2054.511, 2054.512, 2054.513, and
2054.514, Government Code, respectively.
(30) Section 2267.005, Government Code, as added by
Chapters 713 (H.B. 3436) and 1339 (S.B. 894), Acts of the 83rd
Legislature, Regular Session, 2013, is redesignated as Section
2267.007, Government Code.
(31) Chapter 169A, Health and Safety Code, is
transferred to Subtitle K, Title 2, Government Code, as added by
Chapter 747 (S.B. 462), Acts of the 83rd Legislature, Regular
Session, 2013, and redesignated as Chapter 126, Government Code,
and Sections 169A.001, 169A.002, 169A.0025, 169A.003, 169A.004,
169A.005, 169A.0055, and 169A.006, Health and Safety Code, are
redesignated as Sections 126.001, 126.002, 126.003, 126.004,
126.005, 126.006, 126.007, and 126.008, Government Code,
respectively.
(32) Subchapter H, Chapter 241, Health and Safety
Code, as added by Chapter 917 (H.B. 1376), Acts of the 83rd
Legislature, Regular Session, 2013, is redesignated as Subchapter
I, Chapter 241, Health and Safety Code, and Sections 241.181,
241.182, 241.183, and 241.184, Health and Safety Code, as added by
that Act, are redesignated as Sections 241.201, 241.202, 241.203,
and 241.204, Health and Safety Code, respectively.
(33) Subsection (g), Section 573.001, Health and
Safety Code, as added by Chapter 776 (S.B. 1189), Acts of the 83rd
Legislature, Regular Session, 2013, is redesignated as Subsection
(h), Section 573.001, Health and Safety Code.
(34) Section 1001.078, Health and Safety Code, as
added by Chapters 1147 (S.B. 126) and 1143 (S.B. 58), Acts of the
83rd Legislature, Regular Session, 2013, is redesignated as Section
1001.084, Health and Safety Code.
(35) Subchapter H, Chapter 1001, Health and Safety
Code, as added by Chapter 352 (H.B. 2392), Acts of the 83rd
Legislature, Regular Session, 2013, is redesignated as Subchapter
I, Chapter 1001, Health and Safety Code, and Sections 1001.201,
1001.202, 1001.203, and 1001.204, Health and Safety Code, as added
by that Act, are redesignated as Sections 1001.221, 1001.222,
1001.223, and 1001.224, Health and Safety Code, respectively.
(36) Section 152.0016, Human Resources Code, as added
by Chapter 186 (S.B. 92), Acts of the 83rd Legislature, Regular
Session, 2013, is redesignated as Section 152.0017, Human Resources
Code.
(37) Subsection (f), Section 1355.015, Insurance
Code, as added by Chapter 1359 (S.B. 1484), Acts of the 83rd
Legislature, Regular Session, 2013, is redesignated as Subsection
(g), Section 1355.015, Insurance Code.
(38) Subchapter F, Chapter 1369, Insurance Code, as
added by Chapter 1328 (S.B. 644), Acts of the 83rd Legislature,
Regular Session, 2013, is redesignated as Subchapter G, Chapter
1369, Insurance Code, and Sections 1369.251, 1369.252, 1369.253,
1369.254, 1369.255, and 1369.256, Insurance Code, as added by that
Act, are redesignated as Sections 1369.301, 1369.302, 1369.303,
1369.304, 1369.305, and 1369.306, Insurance Code, respectively.
(39) Subsection (a-1), Section 204.022, Labor Code, as
added by Chapter 888 (H.B. 916), Acts of the 83rd Legislature,
Regular Session, 2013, is redesignated as Subsection (a-2), Section
204.022, Labor Code.
(40) Section 379C.014, Local Government Code, as added
by Chapter 1085 (H.B. 3447), Acts of the 83rd Legislature, Regular
Session, 2013, is redesignated as Section 379C.015, Local
Government Code.
(41) Chapter 385, Local Government Code, as added by
Chapter 1204 (H.B. 3647), Acts of the 77th Legislature, Regular
Session, 2001, is transferred to Subtitle C, Title 4, Special
District Local Laws Code, and redesignated as Chapter 3875, Special
District Local Laws Code, and Sections 385.001, 385.002, 385.003,
385.004, 385.005, 385.006, 385.031, 385.032, 385.033, 385.034,
385.035, 385.036, 385.037, 385.038, 385.039, 385.040, 385.071,
385.072, 385.073, 385.074, 385.075, 385.076, 385.077, 385.078,
385.079, 385.080, 385.111, 385.112, 385.113, 385.114, 385.115,
385.131, 385.132, and 385.133, Local Government Code, as added by
that Act, are redesignated as Sections 3875.001, 3875.002,
3875.003, 3875.004, 3875.005, 3875.006, 3875.031, 3875.032,
3875.033, 3875.034, 3875.035, 3875.036, 3875.037, 3875.038,
3875.039, 3875.040, 3875.071, 3875.072, 3875.073, 3875.074,
3875.075, 3875.076, 3875.077, 3875.078, 3875.079, 3875.080,
3875.111, 3875.112, 3875.113, 3875.114, 3875.115, 3875.131,
3875.132, and 3875.133, Special District Local Laws Code,
respectively.
(42) Section 501.163, Local Government Code, as added
by Chapter 1295 (H.B. 2473), Acts of the 83rd Legislature, Regular
Session, 2013, is redesignated as Section 501.164, Local Government
Code.
(43) Section 55.005, Occupations Code, as added by
Chapter 348 (H.B. 2254), Acts of the 83rd Legislature, Regular
Session, 2013, is redesignated as Section 55.008, Occupations Code.
(44) Section 11.132, Tax Code, as added by Chapter 138
(S.B. 163), Acts of the 83rd Legislature, Regular Session, 2013, is
redesignated as Section 11.133, Tax Code.
(45) Subsection (b), Section 33.04, Tax Code, as added
by Chapter 935 (H.B. 1597), Acts of the 83rd Legislature, Regular
Session, 2013, is redesignated as Subsection (b-1), Section 33.04,
Tax Code.
(46) Sections 171.651 and 171.652, Tax Code, as added
by Chapter 1109 (H.B. 469), Acts of the 81st Legislature, Regular
Session, 2009, and transferred, redesignated, and amended by
Chapter 1003 (H.B. 2446), Acts of the 83rd Legislature, Regular
Session, 2013, are redesignated as Sections 171.601 and 171.602,
Tax Code, respectively.
(47) Section 313.010, Tax Code, as added by Chapter
1274 (H.B. 1223), Acts of the 83rd Legislature, Regular Session,
2013, is redesignated as Section 313.009, Tax Code.
(48) Section 225.091, Transportation Code, as added by
Chapter 14 (S.B. 139), Acts of the 83rd Legislature, Regular
Session, 2013, is redesignated as Section 225.093, Transportation
Code.
(49) Section 225.091, Transportation Code, as added by
Chapter 725 (H.B. 3946), Acts of the 83rd Legislature, Regular
Session, 2013, is redesignated as Section 225.094, Transportation
Code.
(50) Section 225.091, Transportation Code, as added by
Chapter 177 (H.B. 1238), Acts of the 83rd Legislature, Regular
Session, 2013, is redesignated as Section 225.096, Transportation
Code.
(51) Section 225.091, Transportation Code, as added by
Chapter 281 (H.B. 938), Acts of the 83rd Legislature, Regular
Session, 2013, is redesignated as Section 225.097, Transportation
Code.
(52) Section 225.091, Transportation Code, as added by
Chapter 248 (H.B. 442), Acts of the 83rd Legislature, Regular
Session, 2013, is redesignated as Section 225.098, Transportation
Code.
(53) Section 225.091, Transportation Code, as added by
Chapter 233 (H.B. 250), Acts of the 83rd Legislature, Regular
Session, 2013, is redesignated as Section 225.099, Transportation
Code.
(54) Section 225.092, Transportation Code, as added by
Chapter 1110 (H.B. 3831), Acts of the 83rd Legislature, Regular
Session, 2013, is redesignated as Section 225.100, Transportation
Code.
(55) Section 225.092, Transportation Code, as added by
Chapter 999 (H.B. 2356), Acts of the 83rd Legislature, Regular
Session, 2013, is redesignated as Section 225.101, Transportation
Code.
(56) Section 504.663, Transportation Code, as added by
Chapter 1102 (H.B. 3677), Acts of the 83rd Legislature, Regular
Session, 2013, is redesignated as Section 504.664, Transportation
Code.
(57) Section 504.946, Transportation Code, as added by
Chapter 809 (S.B. 1757), Acts of the 83rd Legislature, Regular
Session, 2013, is redesignated as Section 504.9465, Transportation
Code.
(58) Section 521.008, Transportation Code, as added by
Chapter 1233 (S.B. 1729), Acts of the 83rd Legislature, Regular
Session, 2013, is redesignated as Section 521.009, Transportation
Code.
(59) Section 521.008, Transportation Code, as added by
Chapter 868 (H.B. 633), Acts of the 83rd Legislature, Regular
Session, 2013, is redesignated as Section 521.010, Transportation
Code.
(60) Subsection (l), Section 521.126, Transportation
Code, as added by Chapter 67 (S.B. 166), Acts of the 83rd
Legislature, Regular Session, 2013, is redesignated as Subsection
(m), Section 521.126, Transportation Code.
(61) Subchapter Q, Chapter 623, Transportation Code,
as added by Chapter 635 (H.B. 474), Acts of the 83rd Legislature,
Regular Session, 2013, is redesignated as Subchapter S, Chapter
623, Transportation Code, and Sections 623.320, 623.321, 623.322,
623.323, 623.324, 623.325, 623.326, 623.327, and 623.328,
Transportation Code, as added by that Act, are redesignated as
Sections 623.361, 623.362, 623.363, 623.364, 623.365, 623.366,
623.367, 623.368, and 623.369, Transportation Code, respectively.
(62) Subsection (m), Section 49.351, Water Code, as
added by Chapter 991 (H.B. 2152), Acts of the 83rd Legislature,
Regular Session, 2013, is redesignated as Subsection (n), Section
49.351, Water Code.
SECTION 21.002. The following changes are made to conform
the provisions amended to the redesignating changes made by Section
21.001 of this Act and to correct cross-references:
(1) Subdivision (5), Section 140A.001, Civil Practice
and Remedies Code, as redesignated from Subdivision (5), Section
140.001, Civil Practice and Remedies Code, by Section 21.001 of
this Act, is amended to read as follows:
(5) "Racketeering" means an act described by Section
140A.002 [140.002].
(2) Subsection (a), Section 140A.010, Civil Practice
and Remedies Code, as redesignated from Subsection (a), Section
140.010, Civil Practice and Remedies Code, by Section 21.001 of
this Act, is amended to read as follows:
(a) A district attorney, criminal district attorney, or
county attorney with felony criminal jurisdiction that receives
notice under Section 140A.009 [140.009] may notify the attorney
general of a related pending criminal investigation or prosecution.
(3) Section 140A.011, Civil Practice and Remedies
Code, as redesignated from Section 140.011, Civil Practice and
Remedies Code, by Section 21.001 of this Act, is amended to read as
follows:
Sec. 140A.011 [140.011]. ABATEMENT OF SUIT. If the
district attorney, criminal district attorney, or county attorney
with felony criminal jurisdiction determines that a suit brought
under this chapter would interfere with an ongoing criminal
investigation or prosecution after notifying the attorney general
of the investigation or prosecution under Section 140A.010
[140.010], the district attorney, criminal district attorney, or
county attorney with felony criminal jurisdiction may request, in
writing, that the attorney general abate the suit. On receipt of
this request, the attorney general shall abate the suit.
(4) Subsection (b), Section 61.5391, Education Code,
is amended to read as follows:
(b) Money in the account may not be appropriated for any
purpose except:
(1) to provide loan repayment assistance to eligible
physicians under this subchapter; or
(2) to provide loan repayment assistance under
Subchapter JJ [II] if reallocated under Section 61.9826.
(5) Subsection (b), Section 54.0326, Family Code, is
amended to read as follows:
(b) A juvenile court may defer adjudication proceedings
under Section 54.03 until the child's 18th birthday and require a
child to participate in a program established under Section
152.0017 [152.0016], Human Resources Code, if the child:
(1) is alleged to have engaged in delinquent conduct
or conduct indicating a need for supervision and may be a victim of
conduct that constitutes an offense under Section 20A.02, Penal
Code; and
(2) presents to the court an oral or written request to
participate in the program.
(6) Subsection (b), Section 54.04012, Family Code, as
redesignated from Subsection (b), Section 54.04011, Family Code, by
Section 21.001 of this Act, is amended to read as follows:
(b) A juvenile court may require a child adjudicated to have
engaged in delinquent conduct or conduct indicating a need for
supervision and who is believed to be a victim of conduct that
constitutes an offense under Section 20A.02, Penal Code, to
participate in a program established under Section 152.0017
[152.0016], Human Resources Code.
(7) Subsection (c-7), Section 58.003, Family Code, is
amended to read as follows:
(c-7) Notwithstanding Subsections (a) and (c) and subject
to Subsection (b), a juvenile court may order the sealing of records
concerning a child found to have engaged in delinquent conduct or
conduct indicating a need for supervision or taken into custody to
determine whether the child engaged in delinquent conduct or
conduct indicating a need for supervision if the child successfully
completed a trafficked persons program under Section 152.0017
[152.0016], Human Resources Code. The court may:
(1) order the sealing of the records immediately and
without a hearing; or
(2) hold a hearing to determine whether to seal the
records.
(8) Subsection (c), Section 126.005, Government Code,
as redesignated from Subsection (c), Section 169A.004, Health and
Safety Code, by Section 21.001 of this Act, is amended to read as
follows:
(c) A legislative committee may require a county that does
not establish a prostitution prevention program under this chapter
due to a lack of sufficient funding, as provided by Section
126.007(c) [169A.0055(c)], to provide the committee with any
documentation in the county's possession that concerns federal or
state funding received by the county.
(9) Subsection (d-1), Section 403.302, Government
Code, is amended to read as follows:
(d-1) For purposes of Subsection (d), a residence homestead
that receives an exemption under Section 11.131 or 11.133 [11.132],
Tax Code, in the year that is the subject of the study is not
considered to be taxable property.
(10) Subsections (b) and (c), Section 411.1408,
Government Code, are amended to read as follows:
(b) The commission is entitled to obtain from the department
criminal history record information maintained by the department
that relates to a person who is an applicant for or the holder of a
certificate, registration, or license issued by the commission or
otherwise under Subtitle L [K], Title 2.
(c) Criminal history record information obtained by the
commission under Subsection (b):
(1) may be used by the commission for any purpose
related to the issuance, denial, suspension, revocation, or renewal
of a certificate, registration, or license issued by the commission
or otherwise under Subtitle L [K], Title 2;
(2) may not be released or disclosed to any person
except:
(A) on court order;
(B) with the consent of the person who is the
subject of the information; or
(C) as authorized by Section 411.1386(a-6) of
this code or Section 1104.404, Estates [698(a-6), Texas Probate]
Code, if applicable; and
(3) shall be destroyed by the commission after the
information is used for the authorized purposes.
(11) Subsection (a), Section 434.017, Government
Code, is amended to read as follows:
(a) The fund for veterans' assistance is a special fund in
the state treasury outside the general revenue fund. The fund is
composed of:
(1) money transferred to the fund at the direction of
the legislature;
(2) gifts and grants contributed to the fund;
(3) the earnings of the fund;
(4) money transferred to the fund from proceeds of the
lottery game operated under Section 466.027 or transferred to the
fund under Section 466.408(b);
(5) money deposited to the credit of the fund under
Section 502.1746, Transportation Code; and
(6) money deposited to the credit of the fund under
Section 521.010 [521.008], Transportation Code.
(12) Section 241.202, Health and Safety Code, as
redesignated from Section 241.182, Health and Safety Code, by
Section 21.001 of this Act, is amended to read as follows:
Sec. 241.202 [241.182]. ADVERTISING. A facility described
by Section 241.201 [241.181] may not advertise or hold itself out as
a medical office, facility, or provider other than an emergency
room if the facility charges for its services the usual and
customary rate charged for the same service by a hospital emergency
room in the same region of the state or located in a region of the
state with comparable rates for emergency health care services.
(13) Section 241.203, Health and Safety Code, as
redesignated from Section 241.183, Health and Safety Code, by
Section 21.001 of this Act, is amended to read as follows:
Sec. 241.203 [241.183]. POSTED NOTICE. Subject to Section
241.006, the department shall adopt rules for a notice to be posted
in a conspicuous place in the facility described by Section 241.201
[241.181] that notifies prospective patients that the facility is
an emergency room and charges rates comparable to a hospital
emergency room.
(14) Section 1369.303, Insurance Code, as
redesignated from Section 1369.253, Insurance Code, by Section
21.001 of this Act, is amended to read as follows:
Sec. 1369.303 [1369.253]. EXCEPTION. This subchapter does
not apply to:
(1) a health benefit plan that provides coverage:
(A) only for a specified disease or for another
single benefit;
(B) only for accidental death or dismemberment;
(C) for wages or payments in lieu of wages for a
period during which an employee is absent from work because of
sickness or injury;
(D) as a supplement to a liability insurance
policy;
(E) for credit insurance;
(F) only for dental or vision care;
(G) only for hospital expenses; or
(H) only for indemnity for hospital confinement;
(2) a Medicare supplemental policy as defined by
Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss);
(3) medical payment insurance coverage provided under
a motor vehicle insurance policy;
(4) a long-term care insurance policy, including a
nursing home fixed indemnity policy, unless the commissioner
determines that the policy provides benefit coverage so
comprehensive that the policy is a health benefit plan as described
by Section 1369.302 [1369.252];
(5) health and accident coverage provided by a risk
pool created under Chapter 172, Local Government Code; or
(6) a workers' compensation insurance policy.
(15) Subsection (c), Section 1369.304, Insurance
Code, as redesignated from Subsection (c), Section 1369.254,
Insurance Code, by Section 21.001 of this Act, is amended to read as
follows:
(c) In prescribing a form under this section, the
commissioner shall:
(1) develop the form with input from the advisory
committee on uniform prior authorization forms established under
Section 1369.305 [1369.255]; and
(2) take into consideration:
(A) any form for requesting prior authorization
of benefits that is widely used in this state or any form currently
used by the department;
(B) request forms for prior authorization of
benefits established by the federal Centers for Medicare and
Medicaid Services; and
(C) national standards, or draft standards,
pertaining to electronic prior authorization of benefits.
(16) Subsections (a) and (c), Section 1369.305,
Insurance Code, as redesignated from Subsections (a) and (c),
Section 1369.255, Insurance Code, by Section 21.001 of this Act,
are amended to read as follows:
(a) The commissioner shall appoint a committee to advise the
commissioner on the technical, operational, and practical aspects
of developing the single, standard prior authorization form
required under Section 1369.304 [1369.254] for requesting prior
authorization of prescription drug benefits.
(c) The commissioner shall consult the advisory committee
with respect to any rule relating to a subject described by Section
1369.304 [1369.254] or this section before adopting the rule and
may consult the committee as needed with respect to a subsequent
amendment of an adopted rule.
(17) Subsections (a) and (b), Section 120.003, Natural
Resources Code, are amended to read as follows:
(a) An entity that applies to the commission under Section
120.002 for a certification that a project operated by the entity
meets the requirements for a clean energy project is responsible
for conducting a monitoring, measuring, and verification process
that demonstrates that the project complies with the requirements
of Section 171.602(b)(4) [171.652(b)(4)], Tax Code.
(b) The entity shall contract with the bureau for the bureau
to:
(1) design initial protocols and standards for the
process described by Subsection (a);
(2) review the conduct of the process described by
Subsection (a) in order to make any necessary changes in the design
of the protocols and standards;
(3) evaluate the results of the process described by
Subsection (a);
(4) provide an evaluation of the results of the
process described by Subsection (a) to the commission; and
(5) determine whether to transmit to the comptroller
the verification described by Section 171.602(b)(4), Tax
[490.352(b)(4), Government] Code.
(18) Subsection (a), Section 3875.031, Special
District Local Laws Code, as redesignated from Subsection (a),
Section 385.031, Local Government Code, by Section 21.001 of this
Act, is amended to read as follows:
(a) The district has all of the powers and duties provided
by the general law of this state, including:
(1) Subchapter E, Chapter 375, Local Government Code;
(2) the general laws of this state on conservation and
reclamation districts created under Section 59, Article XVI, Texas
Constitution, including Chapters 49 and 54, Water Code; and
(3) the general laws of this state on road districts
and road utility districts created under Section 52(b)(3), Article
III, Texas Constitution, including Chapter 441, Transportation
Code.
(19) Section 3875.033, Special District Local Laws
Code, as redesignated from Section 385.033, Local Government Code,
by Section 21.001 of this Act, is amended to read as follows:
Sec. 3875.033 [385.033]. POWERS RELATED GENERALLY TO
FINANCIAL AND TERRITORIAL MATTERS. The district may:
(1) impose, assess, and apply the proceeds from a
limited sales and use tax as authorized by Section 3875.111
[385.111] for authorized purposes;
(2) borrow money for district purposes;
(3) add or exclude territory in the manner provided by
Subchapter J, Chapter 49, Water Code, as limited by Section 54.016,
Water Code, except that:
(A) for purposes of this subdivision, a reference
in Subchapter J, Chapter 49, Water Code, or Section 54.016, Water
Code, to a tax means an ad valorem tax; and
(B) Section 54.016, Water Code, and Section
42.042, Local Government Code, do not apply to the district's
annexation of land restricted primarily to commercial or business
use;
(4) enter into a contract with any person for the
accomplishment of any district purpose, including a contract for:
(A) the payment, repayment, or reimbursement of
any costs incurred by that person for or on behalf of the district,
including all or part of the costs of any improvement project and
interest on the reimbursed cost; or
(B) the use, occupancy, lease, rental,
operation, maintenance, or management of all or part of a proposed
or existing improvement project;
(5) apply for and contract with any person to receive,
administer, and perform any duty or obligation of the district
under any federal, state, local, or private gift, grant, loan,
conveyance, transfer, bequest, donation, or other financial
assistance arrangement relating to the investigation, planning,
analysis, study, design, acquisition, construction, improvement,
completion, implementation, or operation by the district or others
of a proposed or existing improvement project;
(6) establish, revise, repeal, enforce, collect, and
apply the proceeds from user fees or charges for the enjoyment,
sale, rental, or other use of the district's facilities, services,
properties, or improvement projects;
(7) provide or secure the payment or repayment of the
costs and expenses of the establishment, administration, and
operation of the district and the district's costs or share of the
costs of any improvement project or district contractual obligation
or indebtedness by or through a lease, installment purchase
contract, or other agreement with any person, or the levy and
assessment of taxes, user fees, concessions, rentals, or other
revenues or resources of the district;
(8) undertake separately or jointly with other persons
all or part of the cost of an improvement project, including an
improvement project:
(A) for improving, enhancing, and supporting
public safety and security, fire protection and emergency medical
services, and law enforcement within and adjacent to the district;
or
(B) that confers a general benefit on the entire
district or a special benefit on a definable part of the district;
and
(9) impose, collect, and apply the proceeds from a
hotel occupancy tax as provided by Sections 3875.112 [385.112] and
3875.113 [385.113].
(20) Section 3875.036, Special District Local Laws
Code, as redesignated from Section 385.036, Local Government Code,
by Section 21.001 of this Act, is amended to read as follows:
Sec. 3875.036 [385.036]. ECONOMIC DEVELOPMENT. The
district may exercise the economic development powers and authority
that Chapter 380, Local Government Code, provides to a municipality
with a population of more than 100,000, and Chapter 1509,
Government Code, provides to a municipality.
(21) Section 3875.071, Special District Local Laws
Code, as redesignated from Section 385.071, Local Government Code,
by Section 21.001 of this Act, is amended to read as follows:
Sec. 3875.071 [385.071]. BOARD OF DIRECTORS. Except as
provided by this subchapter, the district is governed by a board of
five directors elected by the voters of the district at large.
Except as provided by Sections 3875.073(b) [385.073(b)] and
3875.074 [385.074], directors serve staggered terms of four years
and until their successors have been elected and have qualified.
(22) Subsection (c), Section 3875.112, Special
District Local Laws Code, as redesignated from Subsection (c),
Section 385.112, Local Government Code, by Section 21.001 of this
Act, is amended to read as follows:
(c) Subchapter A, Chapter 352, Tax Code, governs a hotel
occupancy tax authorized under this section, including the
collection of the tax, except as inconsistent with this section and
Section 3875.113 [385.113], subject to the limitations prescribed
by Sections 352.002(b) and (c), Tax Code.
(23) Subsections (a) and (b), Section 3875.113,
Special District Local Laws Code, as redesignated from Subsections
(a) and (b), Section 385.113, Local Government Code, by Section
21.001 of this Act, are amended to read as follows:
(a) The district shall apply the proceeds from a hotel
occupancy tax imposed under Section 3875.112 [385.112] for any of
the district's purposes and for the purposes described by Section
352.1015, Tax Code, to the extent considered appropriate by the
board.
(b) During each interval of three calendar years following
the date on which a hotel occupancy tax imposed under Section
3875.112 [385.112] is initially collected, the board may not apply
an annual average of more than 10 percent of the amount of tax
collected under that section, excluding any interest earnings or
investment profits and after a deduction for the costs of imposing
and collecting the taxes, for the administrative expenses of the
district or a district purpose other than:
(1) the costs of advertising and promoting tourism; or
(2) the costs of business development and commerce,
including the costs of planning, designing, constructing,
acquiring, leasing, financing, owning, operating, maintaining,
managing, improving, repairing, rehabilitating, or reconstructing
improvement projects for conferences, conventions, and
exhibitions, manufacturer, consumer, or trade shows, and civic,
community, or institutional events.
(24) Subsections (a) and (c), Section 3875.114,
Special District Local Laws Code, as redesignated from Subsections
(a) and (c), Section 385.114, Local Government Code, by Section
21.001 of this Act, are amended to read as follows:
(a) The district may issue bonds in the manner provided by
Subchapter J, Chapter 375, Local Government Code. Sections 375.207
and 375.208, Local Government Code, do not apply to bonds issued
under this section.
(c) In addition to the sources of money described by
Subchapter J, Chapter 375, Local Government Code, the bonds of the
district may be secured and made payable, wholly or partly, by a
pledge of any part of the net proceeds the district receives from
the sales and use tax authorized by Section 3875.111 [385.111] and
the hotel occupancy tax authorized by Section 3875.112 [385.112].
(25) Subsection (c), Section 11.42, Tax Code, is
amended to read as follows:
(c) An exemption authorized by Section 11.13(c) or (d), [or]
11.132, or 11.133 is effective as of January 1 of the tax year in
which the person qualifies for the exemption and applies to the
entire tax year.
(26) Subsection (c), Section 11.43, Tax Code, is
amended to read as follows:
(c) An exemption provided by Section 11.13, 11.131, 11.132,
11.133, 11.17, 11.18, 11.182, 11.1827, 11.183, 11.19, 11.20, 11.21,
11.22, 11.23(h), (j), or (j-1), 11.231, 11.254, 11.271, 11.29,
11.30, 11.31, or 11.315, once allowed, need not be claimed in
subsequent years, and except as otherwise provided by Subsection
(e), the exemption applies to the property until it changes
ownership or the person's qualification for the exemption changes.
However, the chief appraiser may require a person allowed one of the
exemptions in a prior year to file a new application to confirm the
person's current qualification for the exemption by delivering a
written notice that a new application is required, accompanied by
an appropriate application form, to the person previously allowed
the exemption.
(27) Subsection (a), Section 11.431, Tax Code, is
amended to read as follows:
(a) The chief appraiser shall accept and approve or deny an
application for a residence homestead exemption, including an
exemption under Section 11.131 or 11.132 for the residence
homestead of a disabled veteran or the surviving spouse of a
disabled veteran or an exemption under Section 11.133 [11.132] for
the residence homestead of the surviving spouse of a member of the
armed services of the United States who is killed in action, after
the deadline for filing it has passed if it is filed not later than
one year after the delinquency date for the taxes on the homestead.
(28) Subsection (b), Section 26.10, Tax Code, is
amended to read as follows:
(b) If the appraisal roll shows that a residence homestead
exemption under Section 11.13(c) or (d), [or] 11.132, or 11.133
applicable to a property on January 1 of a year terminated during
the year and if the owner of the property qualifies a different
property for one of those residence homestead exemptions during the
same year, the tax due against the former residence homestead is
calculated by:
(1) subtracting:
(A) the amount of the taxes that otherwise would
be imposed on the former residence homestead for the entire year had
the owner qualified for the residence homestead exemption for the
entire year; from
(B) the amount of the taxes that otherwise would
be imposed on the former residence homestead for the entire year had
the owner not qualified for the residence homestead exemption
during the year;
(2) multiplying the remainder determined under
Subdivision (1) by a fraction, the denominator of which is 365 and
the numerator of which is the number of days that elapsed after the
date the exemption terminated; and
(3) adding the product determined under Subdivision
(2) and the amount described by Subdivision (1)(A).
(29) Section 26.112, Tax Code, is amended to read as
follows:
Sec. 26.112. CALCULATION OF TAXES ON RESIDENCE HOMESTEAD OF
CERTAIN PERSONS. (a) Except as provided by Section 26.10(b), if
at any time during a tax year property is owned by an individual who
qualifies for an exemption under Section 11.13(c) or (d) or 11.133
[11.132], the amount of the tax due on the property for the tax year
is calculated as if the individual qualified for the exemption on
January 1 and continued to qualify for the exemption for the
remainder of the tax year.
(b) If an individual qualifies for an exemption under
Section 11.13(c) or (d) or 11.133 [11.132] with respect to the
property after the amount of the tax due on the property is
calculated and the effect of the qualification is to reduce the
amount of the tax due on the property, the assessor for each taxing
unit shall recalculate the amount of the tax due on the property and
correct the tax roll. If the tax bill has been mailed and the tax on
the property has not been paid, the assessor shall mail a corrected
tax bill to the person in whose name the property is listed on the
tax roll or to the person's authorized agent. If the tax on the
property has been paid, the tax collector for the taxing unit shall
refund to the person who paid the tax the amount by which the
payment exceeded the tax due.
(30) Subsection (b), Section 251.151, Transportation
Code, is amended to read as follows:
(b) The commissioners court of a county may by order apply
the county's traffic regulations to a public road in the county that
is owned, operated, and maintained by a special district and
located wholly or partly in the county if the commissioners court
and the board of the district have entered into an interlocal
contract under Section 791.036 [791.035], Government Code.
(31) Section 521.428, Transportation Code, is amended
to read as follows:
Sec. 521.428. COUNTY FEE. A county that provides services
under an agreement described by Section 521.009 [521.008] may
collect an additional fee of up to $5 for each transaction provided
that relates to driver's license and personal identification
certificate services only.
(32) Section 623.362, Transportation Code, as
redesignated from Section 623.321, Transportation Code, by Section
21.001 of this Act, is amended to read as follows:
Sec. 623.362 [623.321]. DEFINITION. In this subchapter,
"authority" means the regional mobility authority authorized to
issue permits under Section 623.363 [623.322].
(33) Subsection (b), Section 623.364, Transportation
Code, as redesignated from Subsection (b), Section 623.323,
Transportation Code, by Section 21.001 of this Act, is amended to
read as follows:
(b) Fees collected under Subsection (a) shall be used only
for the construction and maintenance of the roads described by or
designated under Section 623.363 [623.322] and for the authority's
administrative costs, which may not exceed 15 percent of the fees
collected. The authority shall make payments to the Texas
Department of Transportation to provide funds for the maintenance
of roads and highways subject to this subchapter.
(34) Subsection (a), Section 623.365, Transportation
Code, as redesignated from Subsection (a), Section 623.324,
Transportation Code, by Section 21.001 of this Act, is amended to
read as follows:
(a) A permit issued under this subchapter must include:
(1) the name of the applicant;
(2) the date of issuance;
(3) the signature of the designated agent for the
authority;
(4) a statement of the kind of cargo being
transported, the maximum weight and dimensions of the equipment,
and the kind and weight of each commodity to be transported;
(5) a statement:
(A) that the gross weight of the vehicle for
which a permit is issued may not exceed 125,000 pounds; and
(B) of any other condition on which the permit is
issued;
(6) a statement that the cargo may be transported in
Hidalgo County only over the roads described by or designated under
Section 623.363 [623.322]; and
(7) the location where the cargo was loaded.
ARTICLE 22. EFFECTIVE DATE
SECTION 22.001. Except as otherwise provided by this Act,
this Act takes effect September 1, 2015.