Texas 2017 - 85th Regular

Texas House Bill HB3502 Compare Versions

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Old	New	Differences
1	1	85R4516 MTB-D
2	2	By: Landgraf H.B. No. 3502
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to nonsubstantive additions to, revisions of, and
8	8	corrections in enacted codes, to the nonsubstantive codification or
9	9	disposition of various laws omitted from enacted codes, and to
10	10	conforming codifications enacted by the 84th Legislature to other
11	11	Acts of that legislature.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	ARTICLE 1. GENERAL PROVISIONS
14	14	SECTION 1.001. This Act is enacted as part of the state's
15	15	continuing statutory revision program under Chapter 323,
16	16	Government Code. This Act is a revision for purposes of Section 43,
17	17	Article III, Texas Constitution, and has the purposes of:
18	18	(1) codifying without substantive change or providing
19	19	for other appropriate disposition of various statutes that were
20	20	omitted from enacted codes;
21	21	(2) conforming codifications enacted by the 84th
22	22	Legislature to other Acts of that legislature that amended the laws
23	23	codified or added new law to subject matter codified;
24	24	(3) revising without substantive change provisions in
25	25	enacted codes;
26	26	(4) making necessary corrections to enacted codes; and
27	27	(5) renumbering or otherwise redesignating titles,
28	28	chapters, and sections of codes that duplicate title, chapter, or
29	29	section designations.
30	30	SECTION 1.002. (a) The repeal of a statute by this Act does
31	31	not affect an amendment, revision, or reenactment of the statute by
32	32	the 85th Legislature, Regular Session, 2017. The amendment,
33	33	revision, or reenactment is preserved and given effect as part of
34	34	the code provision that revised the statute so amended, revised, or
35	35	reenacted.
36	36	(b) If any provision of this Act conflicts with a statute
37	37	enacted by the 85th Legislature, Regular Session, 2017, the statute
38	38	controls.
39	39	SECTION 1.003. (a) A transition or saving provision of a
40	40	law codified by this Act applies to the codified law to the same
41	41	extent as it applied to the original law.
42	42	(b) The repeal of a transition or saving provision by this
43	43	Act does not affect the application of the provision to the codified
44	44	law.
45	45	(c) In this section, "transition provision" includes any
46	46	temporary provision providing for a special situation in the
47	47	transition period between the existing law and the establishment or
48	48	implementation of the new law.
49	49	SECTION 1.004. (a) The repeal of a law, including a
50	50	validating law, by this Act does not remove, void, or otherwise
51	51	affect in any manner a validation under the repealed law. The
52	52	validation is preserved and continues to have the same effect that
53	53	it would have if the law were not repealed.
54	54	(b) Subsection (a) of this section does not diminish the
55	55	saving provisions prescribed by Section 311.031, Government Code.
56	56	ARTICLE 2. CHANGES RELATING TO AGRICULTURE CODE
57	57	SECTION 2.001. The heading to Chapter 47, Agriculture Code,
58	58	is amended to conform to Section 2, Chapter 965 (H.B. 1903), Acts of
59	59	the 83rd Legislature, Regular Session, 2013, to read as follows:
60	60	CHAPTER 47. TEXAS [OYSTER AND] SHRIMP MARKETING ASSISTANCE PROGRAM
61	61	SECTION 2.002. The heading to Subchapter B, Chapter 47,
62	62	Agriculture Code, is repealed to conform to Section 2, Chapter 965
63	63	(H.B. 1903), Acts of the 83rd Legislature, Regular Session, 2013.
64	64	SECTION 2.003. Section 47.051, Agriculture Code, is amended
65	65	to conform to Section 2, Chapter 965 (H.B. 1903), Acts of the 83rd
66	66	Legislature, Regular Session, 2013, to read as follows:
67	67	Sec. 47.051. DEFINITIONS. In this chapter [subchapter]:
68	68	(1) "Advisory committee" means the shrimp advisory
69	69	committee.
70	70	(2) "Coastal waters" means all the salt water of the
71	71	state, including the portion of the Gulf of Mexico that is within
72	72	the jurisdiction of the state.
73	73	(3) "Program" means the Texas shrimp marketing
74	74	assistance program.
75	75	(4) "Shrimp marketing account" means the account in
76	76	the general revenue fund established under Section 77.002(b), Parks
77	77	and Wildlife Code.
78	78	(5) "Texas-produced shrimp" means wild-caught shrimp
79	79	commercially harvested from coastal waters by a shrimp boat
80	80	licensed by the Parks and Wildlife Department.
81	81	SECTION 2.004. Section 47.053(a), Agriculture Code, is
82	82	amended to conform to Section 2, Chapter 965 (H.B. 1903), Acts of
83	83	the 83rd Legislature, Regular Session, 2013, to read as follows:
84	84	(a) The commissioner shall appoint a shrimp advisory
85	85	committee to assist the commissioner in implementing the program
86	86	established under this chapter [subchapter] and in the expenditure
87	87	of funds appropriated for the purpose of this chapter [subchapter].
88	88	SECTION 2.005. Section 50D.021(e), Agriculture Code, is
89	89	amended to read as follows:
90	90	(e) Subject to Section 50D.026, the research committee is
91	91	subject to Chapters 551 and 2001, Government Code.
92	92	ARTICLE 3. CHANGES RELATING TO BUSINESS & COMMERCE CODE
93	93	SECTION 3.001. Section 17.46(b), Business & Commerce Code,
94	94	as amended by Chapters 1023 (H.B. 1265) and 1080 (H.B. 2573), Acts
95	95	of the 84th Legislature, Regular Session, 2015, is reenacted and
96	96	amended to read as follows:
97	97	(b) Except as provided in Subsection (d) of this section,
98	98	the term "false, misleading, or deceptive acts or practices"
99	99	includes, but is not limited to, the following acts:
100	100	(1) passing off goods or services as those of another;
101	101	(2) causing confusion or misunderstanding as to the
102	102	source, sponsorship, approval, or certification of goods or
103	103	services;
104	104	(3) causing confusion or misunderstanding as to
105	105	affiliation, connection, or association with, or certification by,
106	106	another;
107	107	(4) using deceptive representations or designations
108	108	of geographic origin in connection with goods or services;
109	109	(5) representing that goods or services have
110	110	sponsorship, approval, characteristics, ingredients, uses,
111	111	benefits, or quantities which they do not have or that a person has
112	112	a sponsorship, approval, status, affiliation, or connection which
113	113	the person does not;
114	114	(6) representing that goods are original or new if
115	115	they are deteriorated, reconditioned, reclaimed, used, or
116	116	secondhand;
117	117	(7) representing that goods or services are of a
118	118	particular standard, quality, or grade, or that goods are of a
119	119	particular style or model, if they are of another;
120	120	(8) disparaging the goods, services, or business of
121	121	another by false or misleading representation of facts;
122	122	(9) advertising goods or services with intent not to
123	123	sell them as advertised;
124	124	(10) advertising goods or services with intent not to
125	125	supply a reasonable expectable public demand, unless the
126	126	advertisements disclosed a limitation of quantity;
127	127	(11) making false or misleading statements of fact
128	128	concerning the reasons for, existence of, or amount of price
129	129	reductions;
130	130	(12) representing that an agreement confers or
131	131	involves rights, remedies, or obligations which it does not have or
132	132	involve, or which are prohibited by law;
133	133	(13) knowingly making false or misleading statements
134	134	of fact concerning the need for parts, replacement, or repair
135	135	service;
136	136	(14) misrepresenting the authority of a salesman,
137	137	representative or agent to negotiate the final terms of a consumer
138	138	transaction;
139	139	(15) basing a charge for the repair of any item in
140	140	whole or in part on a guaranty or warranty instead of on the value of
141	141	the actual repairs made or work to be performed on the item without
142	142	stating separately the charges for the work and the charge for the
143	143	warranty or guaranty, if any;
144	144	(16) disconnecting, turning back, or resetting the
145	145	odometer of any motor vehicle so as to reduce the number of miles
146	146	indicated on the odometer gauge;
147	147	(17) advertising of any sale by fraudulently
148	148	representing that a person is going out of business;
149	149	(18) advertising, selling, or distributing a card
150	150	which purports to be a prescription drug identification card issued
151	151	under Section 4151.152, Insurance Code, in accordance with rules
152	152	adopted by the commissioner of insurance, which offers a discount
153	153	on the purchase of health care goods or services from a third party
154	154	provider, and which is not evidence of insurance coverage, unless:
155	155	(A) the discount is authorized under an agreement
156	156	between the seller of the card and the provider of those goods and
157	157	services or the discount or card is offered to members of the
158	158	seller;
159	159	(B) the seller does not represent that the card
160	160	provides insurance coverage of any kind; and
161	161	(C) the discount is not false, misleading, or
162	162	deceptive;
163	163	(19) using or employing a chain referral sales plan in
164	164	connection with the sale or offer to sell of goods, merchandise, or
165	165	anything of value, which uses the sales technique, plan,
166	166	arrangement, or agreement in which the buyer or prospective buyer
167	167	is offered the opportunity to purchase merchandise or goods and in
168	168	connection with the purchase receives the seller's promise or
169	169	representation that the buyer shall have the right to receive
170	170	compensation or consideration in any form for furnishing to the
171	171	seller the names of other prospective buyers if receipt of the
172	172	compensation or consideration is contingent upon the occurrence of
173	173	an event subsequent to the time the buyer purchases the merchandise
174	174	or goods;
175	175	(20) representing that a guaranty or warranty confers
176	176	or involves rights or remedies which it does not have or involve,
177	177	provided, however, that nothing in this subchapter shall be
178	178	construed to expand the implied warranty of merchantability as
179	179	defined in Sections 2.314 through 2.318 and Sections 2A.212 through
180	180	2A.216 to involve obligations in excess of those which are
181	181	appropriate to the goods;
182	182	(21) promoting a pyramid promotional scheme, as
183	183	defined by Section 17.461;
184	184	(22) representing that work or services have been
185	185	performed on, or parts replaced in, goods when the work or services
186	186	were not performed or the parts replaced;
187	187	(23) filing suit founded upon a written contractual
188	188	obligation of and signed by the defendant to pay money arising out
189	189	of or based on a consumer transaction for goods, services, loans, or
190	190	extensions of credit intended primarily for personal, family,
191	191	household, or agricultural use in any county other than in the
192	192	county in which the defendant resides at the time of the
193	193	commencement of the action or in the county in which the defendant
194	194	in fact signed the contract; provided, however, that a violation of
195	195	this subsection shall not occur where it is shown by the person
196	196	filing such suit that the person neither knew or had reason to know
197	197	that the county in which such suit was filed was neither the county
198	198	in which the defendant resides at the commencement of the suit nor
199	199	the county in which the defendant in fact signed the contract;
200	200	(24) failing to disclose information concerning goods
201	201	or services which was known at the time of the transaction if such
202	202	failure to disclose such information was intended to induce the
203	203	consumer into a transaction into which the consumer would not have
204	204	entered had the information been disclosed;
205	205	(25) using the term "corporation," "incorporated," or
206	206	an abbreviation of either of those terms in the name of a business
207	207	entity that is not incorporated under the laws of this state or
208	208	another jurisdiction;
209	209	(26) selling, offering to sell, or illegally promoting
210	210	an annuity contract under Chapter 22, Acts of the 57th Legislature,
211	211	3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil
212	212	Statutes), with the intent that the annuity contract will be the
213	213	subject of a salary reduction agreement, as defined by that Act, if
214	214	the annuity contract is not an eligible qualified investment under
215	215	that Act or is not registered with the Teacher Retirement System of
216	216	Texas as required by Section 8A of that Act;
217	217	(27) taking advantage of a disaster declared by the
218	218	governor under Chapter 418, Government Code, by:
219	219	(A) selling or leasing fuel, food, medicine, or
220	220	another necessity at an exorbitant or excessive price; or
221	221	(B) demanding an exorbitant or excessive price in
222	222	connection with the sale or lease of fuel, food, medicine, or
223	223	another necessity;
224	224	(28) using the translation into a foreign language of
225	225	a title or other word, including "attorney," "lawyer," "licensed,"
226	226	"notary," and "notary public," in any written or electronic
227	227	material, including an advertisement, a business card, a
228	228	letterhead, stationery, a website, or an online video, in reference
229	229	to a person who is not an attorney in order to imply that the person
230	230	is authorized to practice law in the United States;
231	231	(29) [(28)] delivering or distributing a solicitation
232	232	in connection with a good or service that:
233	233	(A) represents that the solicitation is sent on
234	234	behalf of a governmental entity when it is not; or
235	235	(B) resembles a governmental notice or form that
236	236	represents or implies that a criminal penalty may be imposed if the
237	237	recipient does not remit payment for the good or service;
238	238	(30) [(29)] delivering or distributing a solicitation
239	239	in connection with a good or service that resembles a check or other
240	240	negotiable instrument or invoice, unless the portion of the
241	241	solicitation that resembles a check or other negotiable instrument
242	242	or invoice includes the following notice, clearly and conspicuously
243	243	printed in at least 18-point type:
244	244	"SPECIMEN-NON-NEGOTIABLE";
245	245	(31) [(30)] in the production, sale, distribution, or
246	246	promotion of a synthetic substance that produces and is intended to
247	247	produce an effect when consumed or ingested similar to, or in excess
248	248	of, the effect of a controlled substance or controlled substance
249	249	analogue, as those terms are defined by Section 481.002, Health and
250	250	Safety Code:
251	251	(A) making a deceptive representation or
252	252	designation about the synthetic substance; or
253	253	(B) causing confusion or misunderstanding as to
254	254	the effects the synthetic substance causes when consumed or
255	255	ingested; or
256	256	(32) [(31)] a licensed public insurance adjuster
257	257	directly or indirectly soliciting employment, as defined by Section
258	258	38.01, Penal Code, for an attorney, or a licensed public insurance
259	259	adjuster entering into a contract with an insured for the primary
260	260	purpose of referring the insured to an attorney without the intent
261	261	to actually perform the services customarily provided by a licensed
262	262	public insurance adjuster, provided that this subdivision may not
263	263	be construed to prohibit a licensed public insurance adjuster from
264	264	recommending a particular attorney to an insured.
265	265	ARTICLE 4. CHANGES RELATING TO CIVIL PRACTICE AND REMEDIES CODE
266	266	SECTION 4.001. Section 91A.001, Civil Practice and Remedies
267	267	Code, is amended to conform to changes made by Chapter 838 (S.B.
268	268	202), Acts of the 84th Legislature, Regular Session, 2015, to read
269	269	as follows:
270	270	Sec. 91A.001. DEFINITIONS. In this chapter:
271	271	(1) "Audiologist" means an individual licensed to
272	272	practice audiology by the Texas Department of Licensing and
273	273	Regulation [State Board of Examiners of Speech-Language Pathology
274	274	and Audiology].
275	275	(2) "Speech-language pathologist" means an individual
276	276	licensed to practice speech-language pathology by the Texas
277	277	Department of Licensing and Regulation [State Board of Examiners
278	278	for Speech-Language Pathology and Audiology].
279	279	ARTICLE 5. CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE
280	280	SECTION 5.001. Articles 17.033(c) and (d), Code of Criminal
281	281	Procedure, are amended to correct a reference to read as follows:
282	282	(c) On the filing of an application by the attorney
283	283	representing the state, a magistrate may postpone the release of a
284	284	person under Subsection (a)[, (a-1),] or (b) for not more than 72
285	285	hours after the person's arrest. An application filed under this
286	286	subsection must state the reason a magistrate has not determined
287	287	whether probable cause exists to believe that the person committed
288	288	the offense for which the person was arrested.
289	289	(d) The time limits imposed by Subsections (a)[, (a-1),] and
290	290	(b) do not apply to a person arrested without a warrant who is taken
291	291	to a hospital, clinic, or other medical facility before being taken
292	292	before a magistrate under Article 15.17. For a person described by
293	293	this subsection, the time limits imposed by Subsections (a)[,
294	294	(a-1),] and (b) begin to run at the time, as documented in the
295	295	records of the hospital, clinic, or other medical facility, that a
296	296	physician or other medical professional releases the person from
297	297	the hospital, clinic, or other medical facility.
298	298	SECTION 5.002. Article 45.0216(f), Code of Criminal
299	299	Procedure, is amended to correct a reference to read as follows:
300	300	(f) The court shall order the conviction, together with all
301	301	complaints, verdicts, sentences, and prosecutorial and law
302	302	enforcement records, and any other documents relating to the
303	303	offense, expunged from the person's record if the court finds that:
304	304	(1) for a person applying for the expunction of a
305	305	conviction for an offense described by Section 8.07(a)(4) or (5),
306	306	Penal Code, the person was not convicted of any other offense
307	307	described by Section 8.07(a)(4) or (5), Penal Code, while the
308	308	person was a child; and
309	309	(2) for a person applying for the expunction of a
310	310	conviction for an offense described by Section 43.261, Penal Code,
311	311	the person was not found to have engaged in conduct indicating a
312	312	need for supervision described by Section 51.03(b)(6)
313	313	[51.03(b)(7)], Family Code, while the person was a child.
314	314	SECTION 5.003. Article 56.021(d), Code of Criminal
315	315	Procedure, as added by Chapter 1032 (H.B. 1447), Acts of the 84th
316	316	Legislature, Regular Session, 2015, is repealed as duplicative of
317	317	Article 56.021(d), Code of Criminal Procedure, as added by Chapter
318	318	1153 (S.B. 630), Acts of the 84th Legislature, Regular Session,
319	319	2015.
320	320	ARTICLE 6. CHANGES RELATING TO EDUCATION CODE
321	321	SECTION 6.001. Section 25.007(b), Education Code, as
322	322	amended by Chapters 746 (H.B. 1804), 822 (H.B. 3748), and 1206 (S.B.
323	323	1494), Acts of the 84th Legislature, Regular Session, 2015, is
324	324	reenacted and amended to read as follows:
325	325	(b) In recognition of the challenges faced by students who
326	326	are homeless or in substitute care, the agency shall assist the
327	327	transition of students who are homeless or in substitute care from
328	328	one school to another by:
329	329	(1) ensuring that school records for a student who is
330	330	homeless or in substitute care are transferred to the student's new
331	331	school not later than the 10th working day after the date the
332	332	student begins enrollment at the school;
333	333	(2) developing systems to ease transition of a student
334	334	who is homeless or in substitute care during the first two weeks of
335	335	enrollment at a new school;
336	336	(3) developing procedures for awarding credit,
337	337	including partial credit if appropriate, for course work, including
338	338	electives, completed by a student who is homeless or in substitute
339	339	care while enrolled at another school;
340	340	(4) promoting practices that facilitate access by a
341	341	student who is homeless or in substitute care to extracurricular
342	342	programs, summer programs, credit transfer services, electronic
343	343	courses provided under Chapter 30A, and after-school tutoring
344	344	programs at nominal or no cost;
345	345	(5) establishing procedures to lessen the adverse
346	346	impact of the movement of a student who is homeless or in substitute
347	347	care to a new school;
348	348	(6) entering into a memorandum of understanding with
349	349	the Department of Family and Protective Services regarding the
350	350	exchange of information as appropriate to facilitate the transition
351	351	of students in substitute care from one school to another;
352	352	(7) encouraging school districts and open-enrollment
353	353	charter schools to provide services for a student who is homeless or
354	354	in substitute care in transition when applying for admission to
355	355	postsecondary study and when seeking sources of funding for
356	356	postsecondary study;
357	357	(8) requiring school districts, campuses, and
358	358	open-enrollment charter schools to accept a referral for special
359	359	education services made for a student who is homeless or in
360	360	substitute care by a school previously attended by the student;
361	361	(9) requiring school districts, campuses, and
362	362	open-enrollment charter schools to provide notice to the child's
363	363	educational decision-maker and caseworker regarding events that
364	364	may significantly impact the education of a child, including:
365	365	(A) requests or referrals for an evaluation under
366	366	Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or
367	367	special education under Section 29.003;
368	368	(B) admission, review, and dismissal committee
369	369	meetings;
370	370	(C) manifestation determination reviews required
371	371	by Section 37.004(b);
372	372	(D) any disciplinary actions under Chapter 37 for
373	373	which parental notice is required;
374	374	(E) citations issued for Class C misdemeanor
375	375	offenses on school property or at school-sponsored activities;
376	376	(F) reports of restraint and seclusion required
377	377	by Section 37.0021; and
378	378	(G) use of corporal punishment as provided by
379	379	Section 37.0011;
380	380	(10) developing procedures for allowing a student who
381	381	is homeless or in substitute care who was previously enrolled in a
382	382	course required for graduation the opportunity, to the extent
383	383	practicable, to complete the course, at no cost to the student,
384	384	before the beginning of the next school year;
385	385	(11) ensuring that a student who is homeless or in
386	386	substitute care who is not likely to receive a high school diploma
387	387	before the fifth school year following the student's enrollment in
388	388	grade nine, as determined by the district, has the student's course
389	389	credit accrual and personal graduation plan reviewed;
390	390	(12) ensuring that a student in substitute care who is
391	391	in grade 11 or 12 be provided information regarding tuition and fee
392	392	exemptions under Section 54.366 for dual-credit or other courses
393	393	provided by a public institution of higher education for which a
394	394	high school student may earn joint high school and college credit;
395	395	[and]
396	396	(13) designating at least one agency employee to act
397	397	as a liaison officer regarding educational issues related to
398	398	students in the conservatorship of the Department of Family and
399	399	Protective Services; and
400	400	(14) [(13)] providing other assistance as identified
401	401	by the agency.
402	402	SECTION 6.002. Section 26.002, Education Code, is amended
403	403	to correct a reference to read as follows:
404	404	Sec. 26.002. DEFINITION. In this chapter, "parent"
405	405	includes a person standing in parental relation. The term does not
406	406	include a person as to whom the parent-child relationship has been
407	407	terminated or a person not entitled to possession of or access to a
408	408	child under a court order. Except as provided by federal law, all
409	409	rights of a parent under Title 2 of this code and all educational
410	410	rights under Section 151.001(a)(10) [151.003(a)(10)], Family Code,
411	411	shall be exercised by a student who is 18 years of age or older or
412	412	whose disabilities of minority have been removed for general
413	413	purposes under Chapter 31, Family Code, unless the student has been
414	414	determined to be incompetent or the student's rights have been
415	415	otherwise restricted by a court order.
416	416	SECTION 6.003. Section 38.158(b), Education Code, is
417	417	amended to conform to changes made by Chapter 838 (S.B. 202), Acts
418	418	of the 84th Legislature, Regular Session, 2015, to read as follows:
419	419	(b) The Texas Department of Licensing and Regulation [State
420	420	Health Services Advisory Board of Athletic Trainers] shall approve
421	421	for athletic trainers training courses in the subject matter of
422	422	concussions and shall maintain an updated list of individuals and
423	423	organizations authorized by the board to provide the training.
424	424	SECTION 6.004. Sections 61.806(c) and (d), Education Code,
425	425	as amended by Chapter 443 (S.B. 715), Acts of the 83rd Legislature,
426	426	Regular Session, 2013, are repealed to conform to the repeal of
427	427	Subchapter Q, Chapter 61, Education Code, by Chapter 1155 (S.B.
428	428	215), Acts of the 83rd Legislature, Regular Session, 2013.
429	429	SECTION 6.005. Section 61.833(a), Education Code, is
430	430	amended to read as follows:
431	431	(a) In this section:[,]
432	432	(1) "Lower-division [lower-division] institution of
433	433	higher education" means a public junior college, public state
434	434	college, or public technical institute.[; and]
435	435	(2) "Reverse [reverse] transfer data sharing
436	436	platform" means:
437	437	(A) the National Student Clearinghouse; or
438	438	(B) a similar national electronic data sharing
439	439	and exchange platform operated by an agent of the institution that
440	440	meets nationally accepted standards, conventions, and practices.
441	441	SECTION 6.006. Section 130.008(g), Education Code, as added
442	442	by Chapter 1177 (S.B. 1004), Acts of the 84th Legislature, Regular
443	443	Session, 2015, is redesignated as Section 130.008(g-1), Education
444	444	Code, and amended to conform to the repeal of Section 130.008(f),
445	445	Education Code, by Chapter 90 (H.B. 505), Acts of the 84th
446	446	Legislature, Regular Session, 2015, to read as follows:
447	447	(g-1) [(g)] A public junior college with a service area
448	448	located wholly or partly in a county with a population of more than
449	449	three million shall enter into an agreement with each school
450	450	district located wholly or partly in a county with a population of
451	451	more than three million to offer one or more courses as provided by
452	452	this section. A student enrolled in a school district to which this
453	453	subsection applies may enroll in a course at any junior college that
454	454	has entered into an agreement with the district to offer the course
455	455	under this subsection. [Subsection (f) does not apply to a student
456	456	who seeks to enroll in a course under this subsection.]
457	457	SECTION 6.007. The heading to Chapter 143, Education Code,
458	458	is repealed to conform to the repeal and redesignation of the
459	459	provisions of that chapter by Chapter 1155 (S.B. 215), Acts of the
460	460	83rd Legislature, Regular Session, 2013.
461	461	ARTICLE 7. CHANGES RELATING TO FAMILY CODE
462	462	SECTION 7.001. Subtitle E, Title 2, Family Code, as added by
463	463	Chapters 612 (S.B. 822) and 1165 (S.B. 813), Acts of the 84th
464	464	Legislature, Regular Session, 2015, is reenacted and amended to
465	465	read as follows:
466	466	SUBTITLE E. GENERAL PROVISIONS
467	467	CHAPTER 47. GENERAL PROVISIONS
468	468	Sec. 47.001. APPLICABILITY OF DEFINITIONS. (a) Except as
469	469	provided by Subsection (b), the definitions in Chapter 101 apply to
470	470	terms used in this title.
471	471	(b) If a term defined in this title has a meaning different
472	472	from the meaning provided by Chapter 101, the meaning provided by
473	473	this title prevails.
474	474	Sec. 47.002. APPLICABILITY OF LAWS RELATING TO ATTORNEYS AD
475	475	LITEM, GUARDIANS AD LITEM, AND AMICUS ATTORNEYS. Chapter 107
476	476	applies to the appointment of an attorney ad litem, guardian ad
477	477	litem, or amicus attorney under this title.
478	478	Sec. 47.003 [47.001]. USE OF DIGITIZED SIGNATURE. (a) A
479	479	digitized signature on an original petition or application under
480	480	this title or any other pleading or order in a proceeding under this
481	481	title satisfies the requirements for and imposes the duties of
482	482	signatories to pleadings, motions, and other papers identified
483	483	under Rule 13, Texas Rules of Civil Procedure.
484	484	(b) A digitized signature under this section may be applied
485	485	only by, and must remain under the sole control of, the person whose
486	486	signature is represented.
487	487	[(c) In this section, "digitized signature" has the meaning
488	488	assigned by Section 101.0096.]
489	489	SECTION 7.002. Section 51.03(b), Family Code, as amended by
490	490	Chapters 935 (H.B. 2398), 944 (S.B. 206), and 1273 (S.B. 825), Acts
491	491	of the 84th Legislature, Regular Session, 2015, is reenacted and
492	492	amended to read as follows:
493	493	(b) Conduct indicating a need for supervision is:
494	494	(1) subject to Subsection (f), conduct, other than a
495	495	traffic offense, that violates:
496	496	(A) the penal laws of this state of the grade of
497	497	misdemeanor that are punishable by fine only; or
498	498	(B) the penal ordinances of any political
499	499	subdivision of this state;
500	500	(2) the voluntary absence of a child from the child's
501	501	home without the consent of the child's parent or guardian for a
502	502	substantial length of time or without intent to return;
503	503	(3) conduct prohibited by city ordinance or by state
504	504	law involving the inhalation of the fumes or vapors of paint and
505	505	other protective coatings or glue and other adhesives and the
506	506	volatile chemicals itemized in Section 485.001, Health and Safety
507	507	Code;
508	508	(4) an act that violates a school district's
509	509	previously communicated written standards of student conduct for
510	510	which the child has been expelled under Section 37.007(c),
511	511	Education Code;
512	512	(5) [(6)] notwithstanding Subsection (a)(1), conduct
513	513	described by Section 43.02(a) or (b), Penal Code; or
514	514	(6) [(7)] notwithstanding Subsection (a)(1), conduct
515	515	that violates Section 43.261, Penal Code.
516	516	SECTION 7.003. Section 51.13(e), Family Code, is amended to
517	517	correct a reference to read as follows:
518	518	(e) A finding that a child engaged in conduct indicating a
519	519	need for supervision as described by Section 51.03(b)(6)
520	520	[51.03(b)(7)] is a conviction only for the purposes of Sections
521	521	43.261(c) and (d), Penal Code.
522	522	SECTION 7.004. Section 54.0404(a), Family Code, is amended
523	523	to correct a reference to read as follows:
524	524	(a) If a child is found to have engaged in conduct
525	525	indicating a need for supervision described by Section 51.03(b)(6)
526	526	[51.03(b)(7)], the juvenile court may enter an order requiring the
527	527	child to attend and successfully complete an educational program
528	528	described by Section 37.218, Education Code, or another equivalent
529	529	educational program.
530	530	SECTION 7.005. Section 58.003(c-3), Family Code, is amended
531	531	to correct a reference to read as follows:
532	532	(c-3) Notwithstanding Subsections (a) and (c) and subject
533	533	to Subsection (b), a juvenile court, on the court's own motion and
534	534	without a hearing, shall order the sealing of records concerning a
535	535	child found to have engaged in conduct indicating a need for
536	536	supervision described by Section 51.03(b)(5) [51.03(b)(6)] or
537	537	taken into custody to determine whether the child engaged in
538	538	conduct indicating a need for supervision described by Section
539	539	51.03(b)(5) [51.03(b)(6)]. This subsection applies only to
540	540	records related to conduct indicating a need for supervision
541	541	described by Section 51.03(b)(5) [51.03(b)(6)].
542	542	SECTION 7.006. Section 261.3023, Family Code, as amended by
543	543	Chapters 1056 (H.B. 2053) and 1202 (S.B. 1406), Acts of the 84th
544	544	Legislature, Regular Session, 2015, is reenacted and amended to
545	545	read as follows:
546	546	Sec. 261.3023. LAW ENFORCEMENT RESPONSE TO CHILD SAFETY
547	547	CHECK ALERT. If a law enforcement officer encounters a child or
548	548	other person [, including a child,] listed on the Texas Crime
549	549	Information Center's child safety check alert list, the law
550	550	enforcement officer shall follow the procedures described by
551	551	Article 2.272, Code of Criminal Procedure.
552	552	SECTION 7.007. Section 261.3024(a), Family Code, as amended
553	553	by Chapters 1056 (H.B. 2053) and 1202 (S.B. 1406), Acts of the 84th
554	554	Legislature, Regular Session, 2015, is reenacted to read as
555	555	follows:
556	556	(a) A law enforcement officer who locates a child listed on
557	557	the Texas Crime Information Center's child safety check alert list
558	558	shall report that the child has been located in the manner
559	559	prescribed by Article 2.272, Code of Criminal Procedure.
560	560	SECTION 7.008. Section 262.353(d), Family Code, as amended
561	561	by Chapters 837 (S.B. 200) and 946 (S.B. 277), Acts of the 84th
562	562	Legislature, Regular Session, 2015, is repealed to conform to the
563	563	repeal of Section 262.353, Family Code, by Chapter 432 (S.B. 1889),
564	564	Acts of the 84th Legislature, Regular Session, 2015.
565	565	SECTION 7.009. (a) Section 263.306(a-1), Family Code, is
566	566	amended to conform to the amendment of Section 263.306(a), Family
567	567	Code, by Chapter 697 (H.B. 825), Acts of the 84th Legislature,
568	568	Regular Session, 2015, to read as follows:
569	569	(a-1) At each permanency hearing before a final order is
570	570	rendered, the court shall:
571	571	(1) identify all persons and parties present at the
572	572	hearing;
573	573	(2) review the efforts of the department or other
574	574	agency in:
575	575	(A) locating and requesting service of citation
576	576	on all persons entitled to service of citation under Section
577	577	102.009; and
578	578	(B) obtaining the assistance of a parent in
579	579	providing information necessary to locate an absent parent, alleged
580	580	father, or relative of the child;
581	581	(3) ask all parties present whether the child or the
582	582	child's family has a Native American heritage and identify any
583	583	Native American tribe with which the child may be associated;
584	584	(4) review the extent of the parties' compliance with
585	585	temporary orders and the service plan and the extent to which
586	586	progress has been made toward alleviating or mitigating the causes
587	587	necessitating the placement of the child in foster care;
588	588	(5) [(4)] review the permanency progress report to
589	589	determine:
590	590	(A) the safety and well-being of the child and
591	591	whether the child's needs, including any medical or special needs,
592	592	are being adequately addressed;
593	593	(B) the continuing necessity and appropriateness
594	594	of the placement of the child, including with respect to a child who
595	595	has been placed outside of this state, whether the placement
596	596	continues to be in the best interest of the child;
597	597	(C) the appropriateness of the primary and
598	598	alternative permanency goals for the child developed in accordance
599	599	with department rule and whether the department has made reasonable
600	600	efforts to finalize the permanency plan, including the concurrent
601	601	permanency goals, in effect for the child;
602	602	(D) whether the child has been provided the
603	603	opportunity, in a developmentally appropriate manner, to express
604	604	the child's opinion on any medical care provided;
605	605	(E) for a child receiving psychotropic
606	606	medication, whether the child:
607	607	(i) has been provided appropriate
608	608	nonpharmacological interventions, therapies, or strategies to meet
609	609	the child's needs; or
610	610	(ii) has been seen by the prescribing
611	611	physician, physician assistant, or advanced practice nurse at least
612	612	once every 90 days;
613	613	(F) whether an education decision-maker for the
614	614	child has been identified, the child's education needs and goals
615	615	have been identified and addressed, and there have been major
616	616	changes in the child's school performance or there have been
617	617	serious disciplinary events;
618	618	(G) for a child 14 years of age or older, whether
619	619	services that are needed to assist the child in transitioning from
620	620	substitute care to independent living are available in the child's
621	621	community; and
622	622	(H) for a child whose permanency goal is another
623	623	planned permanent living arrangement:
624	624	(i) the desired permanency outcome for the
625	625	child, by asking the child; and
626	626	(ii) whether, as of the date of the hearing,
627	627	another planned permanent living arrangement is the best permanency
628	628	plan for the child and, if so, provide compelling reasons why it
629	629	continues to not be in the best interest of the child to:
630	630	(a) return home;
631	631	(b) be placed for adoption;
632	632	(c) be placed with a legal guardian;
633	633	or
634	634	(d) be placed with a fit and willing
635	635	relative;
636	636	(6) [(5)] determine whether to return the child to the
637	637	child's parents if the child's parents are willing and able to
638	638	provide the child with a safe environment and the return of the
639	639	child is in the child's best interest;
640	640	(7) [(6)] estimate a likely date by which the child
641	641	may be returned to and safely maintained in the child's home, placed
642	642	for adoption, or placed in permanent managing conservatorship; and
643	643	(8) [(7)] announce in open court the dismissal date
644	644	and the date of any upcoming hearings.
645	645	(b) Section 263.306(c), Family Code, is amended to conform
646	646	to the amendment of Section 263.306, Family Code, by Chapter 944
647	647	(S.B. 206), Acts of the 84th Legislature, Regular Session, 2015, to
648	648	read as follows:
649	649	(c) In addition to the requirements of Subsection (a-1)
650	650	[(a)], at each permanency hearing before a final order is rendered
651	651	the court shall review the department's efforts to ensure that the
652	652	child has regular, ongoing opportunities to engage in
653	653	age-appropriate normalcy activities, including activities not
654	654	listed in the child's service plan.
655	655	(c) Section 263.306(a), Family Code, is repealed to conform
656	656	to the repeal of Section 263.306(a), Family Code, by Chapter 944
657	657	(S.B. 206), Acts of the 84th Legislature, Regular Session, 2015.
658	658	SECTION 7.010. Section 264.017, Family Code, as added by
659	659	Chapter 713 (H.B. 1217), Acts of the 84th Legislature, Regular
660	660	Session, 2015, is repealed as duplicative of Section 264.017,
661	661	Family Code, as added by Chapter 944 (S.B. 206), Acts of the 84th
662	662	Legislature, Regular Session, 2015.
663	663	SECTION 7.011. Section 264.304(c), Family Code, as amended
664	664	by Chapter 935 (H.B. 2398), Acts of the 84th Legislature, Regular
665	665	Session, 2015, is repealed to conform to the repeal of Section
666	666	264.304, Family Code, by Chapter 944 (S.B. 206), Acts of the 84th
667	667	Legislature, Regular Session, 2015.
668	668	ARTICLE 8. CHANGES RELATING TO GOVERNMENT CODE
669	669	PART A. GENERAL CHANGES
670	670	SECTION 8.001. Section 126.001(b), Government Code, as
671	671	transferred and redesignated from Section 169A.001, Health and
672	672	Safety Code, by Chapters 604 (S.B. 536) and 1236 (S.B. 1296), Acts
673	673	of the 84th Legislature, Regular Session, 2015, and as amended by
674	674	Chapters 604 (S.B. 536), 770 (H.B. 2299), and 1279 (S.B. 1902), Acts
675	675	of the 84th Legislature, Regular Session, 2015, is reenacted and
676	676	amended to read as follows:
677	677	(b) If a defendant successfully completes a commercially
678	678	sexually exploited persons court program, regardless of whether the
679	679	defendant was convicted of the offense for which the defendant
680	680	entered the program or whether the court deferred further
681	681	proceedings without entering an adjudication of guilt, after notice
682	682	to the state and a hearing on whether the defendant is otherwise
683	683	entitled to the petition, including whether the required time has
684	684	elapsed, and whether issuance of the order is in the best interest
685	685	of justice, the court shall enter an order of nondisclosure of
686	686	criminal history record information under Subchapter E-1, Chapter
687	687	411, as if the defendant had received a discharge and dismissal
688	688	under Article 42A.111, Code of Criminal Procedure, with respect to
689	689	all records and files related to the defendant's arrest for the
690	690	offense for which the defendant entered the program.
691	691	SECTION 8.002. Section 126.002(a), Government Code, as
692	692	transferred and redesignated from Section 169A.002, Health and
693	693	Safety Code, by Chapters 604 (S.B. 536) and 1236 (S.B. 1296), Acts
694	694	of the 84th Legislature, Regular Session, 2015, and as amended by
695	695	Chapters 604 (S.B. 536) and 1273 (S.B. 825), Acts of the 84th
696	696	Legislature, Regular Session, 2015, is reenacted to read as
697	697	follows:
698	698	(a) The commissioners court of a county or governing body of
699	699	a municipality may establish a commercially sexually exploited
700	700	persons court program for defendants charged with an offense under
701	701	Section 43.02(a), Penal Code.
702	702	SECTION 8.003. Section 402.035(c), Government Code, as
703	703	amended by Chapters 146 (H.B. 188), 332 (H.B. 10), and 734 (H.B.
704	704	1549), Acts of the 84th Legislature, Regular Session, 2015, is
705	705	reenacted and amended to read as follows:
706	706	(c) The task force is composed of the following:
707	707	(1) the governor or the governor's designee;
708	708	(2) the attorney general or the attorney general's
709	709	designee;
710	710	(3) the executive commissioner of the Health and Human
711	711	Services Commission or the executive commissioner's designee;
712	712	(4) the commissioner of the Department of Family and
713	713	Protective Services or the commissioner's designee;
714	714	(5) the commissioner of the Department of State Health
715	715	Services or the commissioner's designee;
716	716	(6) the public safety director of the Department of
717	717	Public Safety or the director's designee;
718	718	(7) one representative from each of the following
719	719	state agencies, appointed by the chief administrative officer of
720	720	the respective agency:
721	721	(A) the Texas Workforce Commission;
722	722	(B) the Texas Department of Criminal Justice;
723	723	(C) the Texas Juvenile Justice Department;
724	724	(D) the Texas Education Agency;
725	725	(E) [(D)] the Texas Alcoholic Beverage
726	726	Commission;
727	727	(F) the Texas Parks and Wildlife Department; and
728	728	(G) the Supreme Court of Texas Permanent Judicial
729	729	Commission for Children, Youth and Families; and
730	730	(8) as appointed by the attorney general:
731	731	(A) a chief public defender employed by a public
732	732	defender's office, as defined by Article 26.044(a), Code of
733	733	Criminal Procedure, or an attorney designated by the chief public
734	734	defender;
735	735	(B) an attorney representing the state;
736	736	(C) a representative of:
737	737	(i) a hotel and motel association;
738	738	(ii) a district and county attorneys
739	739	association;
740	740	(iii) a state police association; and
741	741	(iv) a statewide medical association;
742	742	(D) representatives of sheriff's departments;
743	743	(E) representatives of local law enforcement
744	744	agencies affected by human trafficking; and
745	745	(F) representatives of nongovernmental entities
746	746	making comprehensive efforts to combat human trafficking by:
747	747	(i) identifying human trafficking victims;
748	748	(ii) providing legal or other services to
749	749	human trafficking victims;
750	750	(iii) participating in community outreach
751	751	or public awareness efforts regarding human trafficking;
752	752	(iv) providing or developing training
753	753	regarding the prevention of human trafficking; or
754	754	(v) engaging in other activities designed
755	755	to prevent human trafficking.
756	756	SECTION 8.004. Section 402.035(d), Government Code, as
757	757	amended by Chapters 146 (H.B. 188) and 332 (H.B. 10), Acts of the
758	758	84th Legislature, Regular Session, 2015, is reenacted and amended
759	759	to read as follows:
760	760	(d) The task force shall:
761	761	(1) collaborate, as needed to fulfill the duties of
762	762	the task force, with:
763	763	(A) United States attorneys' offices [Attorneys'
764	764	Offices] for all of the federal districts of Texas; and
765	765	(B) special agents or customs and border
766	766	protection officers and border patrol agents of:
767	767	(i) the Federal Bureau of Investigation;
768	768	(ii) the United States Drug Enforcement
769	769	Administration;
770	770	(iii) the Bureau of Alcohol, Tobacco,
771	771	Firearms and Explosives;
772	772	(iv) United States Immigration and Customs
773	773	Enforcement; or
774	774	(v) the United States Department of
775	775	Homeland Security;
776	776	(2) collect, organize, and periodically publish
777	777	statistical data on the nature and extent of human trafficking in
778	778	this state, including data described by Subdivisions (4)(A), (B),
779	779	(C), (D), and (E);
780	780	(3) solicit cooperation and assistance from state and
781	781	local governmental agencies, political subdivisions of the state,
782	782	nongovernmental organizations, and other persons, as appropriate,
783	783	for the purpose of collecting and organizing statistical data under
784	784	Subdivision (2);
785	785	(4) ensure that each state or local governmental
786	786	agency and political subdivision of the state and each state or
787	787	local law enforcement agency, district attorney, or county attorney
788	788	that assists in the prevention of human trafficking collects
789	789	statistical data related to human trafficking, including, as
790	790	appropriate:
791	791	(A) the number of investigations concerning,
792	792	arrests and prosecutions for, and convictions of:
793	793	(i) the offense of trafficking of persons;
794	794	(ii) the offense of forgery or an offense
795	795	under Chapter 43, Penal Code, if the offense was committed as part
796	796	of a criminal episode involving the trafficking of persons; and
797	797	(iii) an offense punishable under Section
798	798	43.02(c)(3), Penal Code, regardless of whether the offense was
799	799	committed as part of a criminal episode involving the trafficking
800	800	of persons;
801	801	(B) demographic information on persons who are
802	802	convicted of offenses described by Paragraph (A) and persons who
803	803	are the victims of those offenses;
804	804	(C) geographic routes by which human trafficking
805	805	victims are trafficked, including routes by which victims are
806	806	trafficked across this state's international border, and
807	807	geographic patterns in human trafficking, including the country or
808	808	state of origin and the country or state of destination;
809	809	(D) means of transportation and methods used by
810	810	persons who engage in trafficking to transport their victims; and
811	811	(E) social and economic factors that create a
812	812	demand for the labor or services that victims of human trafficking
813	813	are forced to provide;
814	814	(5) work with the Texas Commission on Law Enforcement
815	815	to develop and conduct training for law enforcement personnel,
816	816	victim service providers, and medical service providers to identify
817	817	victims of human trafficking;
818	818	(6) work with the Texas Education Agency, the
819	819	Department of Family and Protective Services, and the Health and
820	820	Human Services Commission to:
821	821	(A) develop a list of key indicators that a
822	822	person is a victim of human trafficking;
823	823	(B) develop a standardized curriculum for
824	824	training doctors, nurses, emergency medical services personnel,
825	825	teachers, school counselors, school administrators, and personnel
826	826	from the Department of Family and Protective Services and the
827	827	Health and Human Services Commission to identify and assist victims
828	828	of human trafficking;
829	829	(C) train doctors, nurses, emergency medical
830	830	services personnel, teachers, school counselors, school
831	831	administrators, and personnel from the Department of Family and
832	832	Protective Services and the Health and Human Services Commission to
833	833	identify and assist victims of human trafficking;
834	834	(D) develop and conduct training for personnel
835	835	from the Department of Family and Protective Services and the
836	836	Health and Human Services Commission on methods for identifying
837	837	children in foster care who may be at risk of becoming victims of
838	838	human trafficking; and
839	839	(E) develop a process for referring identified
840	840	human trafficking victims and individuals at risk of becoming
841	841	victims to appropriate entities for services;
842	842	(7) on the request of a judge of a county court, county
843	843	court at law, or district court or a county attorney, district
844	844	attorney, or criminal district attorney, assist and train the judge
845	845	or the judge's staff or the attorney or the attorney's staff in the
846	846	recognition and prevention of human trafficking;
847	847	(8) examine training protocols related to human
848	848	trafficking issues, as developed and implemented by federal, state,
849	849	and local law enforcement agencies;
850	850	(9) collaborate with state and local governmental
851	851	agencies, political subdivisions of the state, and nongovernmental
852	852	organizations to implement a media awareness campaign in
853	853	communities affected by human trafficking;
854	854	(10) develop recommendations on how to strengthen
855	855	state and local efforts to prevent human trafficking, protect and
856	856	assist human trafficking victims, curb markets and other economic
857	857	avenues that facilitate human trafficking and investigate and
858	858	prosecute human trafficking offenders;
859	859	(11) examine the extent to which human trafficking is
860	860	associated with the operation of sexually oriented businesses, as
861	861	defined by Section 243.002, Local Government Code, and the
862	862	workplace or public health concerns that are created by the
863	863	association of human trafficking and the operation of sexually
864	864	oriented businesses; [and]
865	865	(12) develop recommendations for addressing the
866	866	demand for forced labor or services or sexual conduct involving
867	867	victims of human trafficking, including recommendations for
868	868	increased penalties for individuals who engage or attempt to engage
869	869	in prostitution with victims younger than 18 years of age; and
870	870	(13) [(12)] identify and report to the governor and
871	871	legislature on laws, licensure requirements, or other regulations
872	872	that can be passed at the state and local level to curb trafficking
873	873	using the Internet and in sexually oriented businesses.
874	874	SECTION 8.005. Section 411.122(d), Government Code, is
875	875	amended to conform to changes made by Chapter 838 (S.B. 202), Acts
876	876	of the 84th Legislature, Regular Session, 2015, to read as follows:
877	877	(d) The following state agencies are subject to this
878	878	section:
879	879	(1) Texas Appraiser Licensing and Certification
880	880	Board;
881	881	(2) Texas Board of Architectural Examiners;
882	882	(3) Texas Board of Chiropractic Examiners;
883	883	(4) State Board of Dental Examiners;
884	884	(5) Texas Board of Professional Engineers;
885	885	(6) Texas Funeral Service Commission;
886	886	(7) Texas Board of Professional Geoscientists;
887	887	(8) Department of State Health Services, except as
888	888	provided by Section 411.110, and agencies attached to the
889	889	department, including:
890	890	(A) [Texas State Board of Examiners of
891	891	Dietitians;
892	892	[(B)] Texas State Board of Examiners of Marriage
893	893	and Family Therapists;
894	894	(B) [(C) Midwifery Board;
895	895	[(D) Texas State Perfusionist Advisory
896	896	Committee;
897	897	[(E)] Texas State Board of Examiners of
898	898	Professional Counselors; and
899	899	(C) [(F)] Texas State Board of Social Worker
900	900	Examiners;
901	901	[(G) State Board of Examiners for
902	902	Speech-Language Pathology and Audiology;
903	903	[(H) Advisory Board of Athletic Trainers;
904	904	[(I) State Committee of Examiners in the Fitting
905	905	and Dispensing of Hearing Instruments;
906	906	[(J) Texas Board of Licensure for Professional
907	907	Medical Physicists; and
908	908	[(K) Texas Board of Orthotics and Prosthetics;]
909	909	(9) Texas Board of Professional Land Surveying;
910	910	(10) Texas Department of Licensing and Regulation,
911	911	except as provided by Section 411.093;
912	912	(11) Texas Commission on Environmental Quality;
913	913	(12) Texas Board of Occupational Therapy Examiners;
914	914	(13) Texas Optometry Board;
915	915	(14) Texas State Board of Pharmacy;
916	916	(15) Texas Board of Physical Therapy Examiners;
917	917	(16) Texas State Board of Plumbing Examiners;
918	918	(17) Texas State Board of Podiatric Medical Examiners;
919	919	(18) Texas State Board of Examiners of Psychologists;
920	920	(19) Texas Real Estate Commission;
921	921	(20) Texas Department of Transportation;
922	922	(21) State Board of Veterinary Medical Examiners;
923	923	(22) Texas Department of Housing and Community
924	924	Affairs;
925	925	(23) secretary of state;
926	926	(24) state fire marshal;
927	927	(25) Texas Education Agency;
928	928	(26) Department of Agriculture; and
929	929	(27) Texas Department of Motor Vehicles.
930	930	SECTION 8.006. Section 434.017(a), Government Code, as
931	931	amended by Chapters 160 (H.B. 1584) and 821 (H.B. 3710), Acts of the
932	932	84th Legislature, Regular Session, 2015, is reenacted and amended
933	933	to read as follows:
934	934	(a) The fund for veterans' assistance is a special fund in
935	935	the state treasury outside the general revenue fund. The fund is
936	936	composed of:
937	937	(1) money transferred to the fund at the direction of
938	938	the legislature;
939	939	(2) gifts and grants contributed to the fund;
940	940	(3) the earnings of the fund;
941	941	(4) money transferred to the fund from proceeds of the
942	942	lottery game operated under Section 466.027 or transferred to the
943	943	fund under Section 466.408(b);
944	944	(5) money deposited to the credit of the fund under
945	945	Section 502.1746, Transportation Code;
946	946	(6) money deposited to the credit of the fund under
947	947	Section 521.010, Transportation Code; [and]
948	948	(7) money deposited to the credit of the fund under
949	949	Section 12.007, Parks and Wildlife Code; and
950	950	(8) [(7)] money deposited to the credit of the fund
951	951	under Section 411.1741.
952	952	SECTION 8.007. Section 437.355(a), Government Code, as
953	953	amended by Chapters 144 (H.B. 115) and 760 (H.B. 2108), Acts of the
954	954	84th Legislature, Regular Session, 2015, is reenacted to read as
955	955	follows:
956	956	(a) The governor or adjutant general, if delegated the
957	957	authority, may adopt policies and regulations relating to awarding:
958	958	(1) the Texas Purple Heart Medal, which shall be
959	959	awarded to a service member who:
960	960	(A) after September 11, 2001:
961	961	(i) was inducted into federal service from
962	962	the Texas National Guard; and
963	963	(ii) meets the criteria for an award of the
964	964	federal Purple Heart Medal; or
965	965	(B) was wounded or killed at Fort Hood on
966	966	November 5, 2009;
967	967	(2) the Texas Superior Service Medal, which shall be
968	968	awarded to:
969	969	(A) a service member of the Texas military forces
970	970	who has:
971	971	(i) completed 30 or more years of honorable
972	972	state service or a combination of state and federal service; and
973	973	(ii) continually demonstrated superior
974	974	performance and service while assigned to key leadership positions
975	975	demanding responsibility; or
976	976	(B) a civilian who has contributed significant
977	977	service to the Texas military forces;
978	978	(3) the Lone Star Distinguished Service Medal, which
979	979	shall be awarded to a member of the military forces of this state,
980	980	another state, or the United States for exceptionally outstanding
981	981	achievement or service to this state in performance of a duty of
982	982	great responsibility while serving with the Texas military forces
983	983	for whom the department receives a letter of recommendation for
984	984	award of the Lone Star Distinguished Service Medal that:
985	985	(A) gives an account of the exceptional
986	986	achievement or service; and
987	987	(B) includes facts and photographs, and extracts
988	988	from official documents to support and amplify the facts;
989	989	(4) the Texas Outstanding Service Medal, which shall
990	990	be awarded to a service member of the military forces of this state,
991	991	another state, or the United States who has performed service in a
992	992	superior and clearly outstanding manner;
993	993	(5) the Texas Humanitarian Service Medal, which shall
994	994	be awarded to a service member who:
995	995	(A) does not meet the criteria for an award of the
996	996	federal Humanitarian Service Medal;
997	997	(B) is a member of the Texas military forces; and
998	998	(C) while serving on state active duty or active
999	999	duty under state authority in accordance with Title 32, United
1000	1000	States Code, participates satisfactorily in defense support to a
1001	1001	mission under civilian authority to protect life or property during
1002	1002	or soon after a natural disaster or civil unrest in the state;
1003	1003	(6) the Texas Homeland Defense Service Medal, which
1004	1004	shall be awarded to a service member of the Texas military forces
1005	1005	who served:
1006	1006	(A) on or after September 11, 2001;
1007	1007	(B) on state active duty or active duty under
1008	1008	state authority in accordance with Title 32, United States Code;
1009	1009	and
1010	1010	(C) satisfactorily in defense support to a
1011	1011	mission in the state under civilian authority;
1012	1012	(7) the Federal Service Medal, which shall be awarded
1013	1013	to a service member who was inducted into federal service from the
1014	1014	Texas military forces between June 15, 1940, and January 1, 1946, or
1015	1015	after June 1, 1950, if the service was for more than 90 days;
1016	1016	(8) the Texas Combat Service Ribbon, which shall be
1017	1017	awarded to a service member of the Texas National Guard who served,
1018	1018	after September 11, 2001, in a hostile fire zone as designated by
1019	1019	the United States secretary of defense;
1020	1020	(9) the Texas Faithful Service Medal, which shall be
1021	1021	awarded to a member of the Texas military forces who has completed
1022	1022	five years of honorable service during which the service member has
1023	1023	shown fidelity to duty, efficient service, and great loyalty to
1024	1024	this state;
1025	1025	(10) the Texas Medal of Merit, which shall be awarded
1026	1026	to a member of the military forces of this state, another state, or
1027	1027	the United States who performs outstanding service or attains
1028	1028	extraordinary achievement in behalf of the state or United States;
1029	1029	(11) the Texas State Guard Service Medal, which shall
1030	1030	be awarded to a service member who completes three consecutive
1031	1031	years of honorable service in the Texas State Guard during which the
1032	1032	service member has shown fidelity to duty, efficient service, and
1033	1033	great loyalty to this state;
1034	1034	(12) the Texas Desert Shield/Desert Storm Campaign
1035	1035	Medal, which shall be awarded to a service member who was inducted
1036	1036	into federal service from the Texas National Guard after August 1,
1037	1037	1990, in support of Operation Desert Shield or Operation Desert
1038	1038	Storm, without regard to the place that the service member was
1039	1039	deployed while serving on active federal military duty;
1040	1040	(13) the Texas Iraqi Campaign Medal, which shall be
1041	1041	awarded to a service member who was inducted into federal service
1042	1042	from the Texas National Guard, without regard to the place that the
1043	1043	service member was deployed while serving on active federal
1044	1044	military duty, after:
1045	1045	(A) March 19, 2003, in support of Operation Iraqi
1046	1046	Freedom; or
1047	1047	(B) August 31, 2010, in support of Operation New
1048	1048	Dawn;
1049	1049	(14) the Texas Afghanistan Campaign Medal, which shall
1050	1050	be awarded to a service member who was inducted into federal service
1051	1051	from the Texas National Guard after October 6, 2001, in support of
1052	1052	Operation Enduring Freedom, without regard to the place that the
1053	1053	service member was deployed while serving on active federal
1054	1054	military duty; and
1055	1055	(15) the Cold War Medal, which, subject to Subsection
1056	1056	(c), shall be awarded to a member of the military forces of this
1057	1057	state or the United States who:
1058	1058	(A) served between September 2, 1945, and
1059	1059	December 26, 1991; and
1060	1060	(B) was a resident of this state at the time the
1061	1061	service member entered military service.
1062	1062	SECTION 8.008. Section 511.009(a), Government Code, as
1063	1063	amended by Chapters 281 (H.B. 875), 648 (H.B. 549), and 688 (H.B.
1064	1064	634), Acts of the 84th Legislature, Regular Session, 2015, is
1065	1065	reenacted and amended to read as follows:
1066	1066	(a) The commission shall:
1067	1067	(1) adopt reasonable rules and procedures
1068	1068	establishing minimum standards for the construction, equipment,
1069	1069	maintenance, and operation of county jails;
1070	1070	(2) adopt reasonable rules and procedures
1071	1071	establishing minimum standards for the custody, care, and treatment
1072	1072	of prisoners;
1073	1073	(3) adopt reasonable rules establishing minimum
1074	1074	standards for the number of jail supervisory personnel and for
1075	1075	programs and services to meet the needs of prisoners;
1076	1076	(4) adopt reasonable rules and procedures
1077	1077	establishing minimum requirements for programs of rehabilitation,
1078	1078	education, and recreation in county jails;
1079	1079	(5) revise, amend, or change rules and procedures if
1080	1080	necessary;
1081	1081	(6) provide to local government officials
1082	1082	consultation on and technical assistance for county jails;
1083	1083	(7) review and comment on plans for the construction
1084	1084	and major modification or renovation of county jails;
1085	1085	(8) require that the sheriff and commissioners of each
1086	1086	county submit to the commission, on a form prescribed by the
1087	1087	commission, an annual report on the conditions in each county jail
1088	1088	within their jurisdiction, including all information necessary to
1089	1089	determine compliance with state law, commission orders, and the
1090	1090	rules adopted under this chapter;
1091	1091	(9) review the reports submitted under Subdivision (8)
1092	1092	and require commission employees to inspect county jails regularly
1093	1093	to ensure compliance with state law, commission orders, and rules
1094	1094	and procedures adopted under this chapter;
1095	1095	(10) adopt a classification system to assist sheriffs
1096	1096	and judges in determining which defendants are low-risk and
1097	1097	consequently suitable participants in a county jail work release
1098	1098	program under Article 42.034, Code of Criminal Procedure;
1099	1099	(11) adopt rules relating to requirements for
1100	1100	segregation of classes of inmates and to capacities for county
1101	1101	jails;
1102	1102	(12) require that the chief jailer of each municipal
1103	1103	lockup submit to the commission, on a form prescribed by the
1104	1104	commission, an annual report of persons under 17 years of age
1105	1105	securely detained in the lockup, including all information
1106	1106	necessary to determine compliance with state law concerning secure
1107	1107	confinement of children in municipal lockups;
1108	1108	(13) at least annually determine whether each county
1109	1109	jail is in compliance with the rules and procedures adopted under
1110	1110	this chapter;
1111	1111	(14) require that the sheriff and commissioners court
1112	1112	of each county submit to the commission, on a form prescribed by the
1113	1113	commission, an annual report of persons under 17 years of age
1114	1114	securely detained in the county jail, including all information
1115	1115	necessary to determine compliance with state law concerning secure
1116	1116	confinement of children in county jails;
1117	1117	(15) schedule announced and unannounced inspections
1118	1118	of jails under the commission's jurisdiction using the risk
1119	1119	assessment plan established under Section 511.0085 to guide the
1120	1120	inspections process;
1121	1121	(16) adopt a policy for gathering and distributing to
1122	1122	jails under the commission's jurisdiction information regarding:
1123	1123	(A) common issues concerning jail
1124	1124	administration;
1125	1125	(B) examples of successful strategies for
1126	1126	maintaining compliance with state law and the rules, standards, and
1127	1127	procedures of the commission; and
1128	1128	(C) solutions to operational challenges for
1129	1129	jails;
1130	1130	(17) report to the Texas Correctional Office on
1131	1131	Offenders with Medical or Mental Impairments on a jail's compliance
1132	1132	with Article 16.22, Code of Criminal Procedure;
1133	1133	(18) adopt reasonable rules and procedures
1134	1134	establishing minimum requirements for jails to:
1135	1135	(A) determine if a prisoner is pregnant; and
1136	1136	(B) ensure that the jail's health services plan
1137	1137	addresses medical and mental health care, including nutritional
1138	1138	requirements, and any special housing or work assignment needs for
1139	1139	persons who are confined in the jail and are known or determined to
1140	1140	be pregnant;
1141	1141	(19) provide guidelines to sheriffs regarding
1142	1142	contracts between a sheriff and another entity for the provision of
1143	1143	food services to or the operation of a commissary in a jail under
1144	1144	the commission's jurisdiction, including specific provisions
1145	1145	regarding conflicts of interest and avoiding the appearance of
1146	1146	impropriety; [and]
1147	1147	(20) adopt reasonable rules and procedures
1148	1148	establishing minimum standards for prisoner visitation that
1149	1149	provide each prisoner at a county jail with a minimum of two
1150	1150	in-person, noncontact visitation periods per week of at least 20
1151	1151	minutes duration each;
1152	1152	(21) [(20)] require the sheriff of each county to:
1153	1153	(A) investigate and verify the veteran status of
1154	1154	each prisoner by using data made available from the Veterans
1155	1155	Reentry Search Service (VRSS) operated by the United States
1156	1156	Department of Veterans Affairs or a similar service; and
1157	1157	(B) use the data described by Paragraph (A) to
1158	1158	assist prisoners who are veterans in applying for federal benefits
1159	1159	or compensation for which the prisoners may be eligible under a
1160	1160	program administered by the United States Department of Veterans
1161	1161	Affairs; and
1162	1162	(22) [(20)] adopt reasonable rules and procedures
1163	1163	regarding visitation of a prisoner at a county jail by a guardian,
1164	1164	as defined by Section 1002.012, Estates Code, that:
1165	1165	(A) allow visitation by a guardian to the same
1166	1166	extent as the prisoner's next of kin, including placing the
1167	1167	guardian on the prisoner's approved visitors list on the guardian's
1168	1168	request and providing the guardian access to the prisoner during a
1169	1169	facility's standard visitation hours if the prisoner is otherwise
1170	1170	eligible to receive visitors; and
1171	1171	(B) require the guardian to provide the sheriff
1172	1172	with letters of guardianship issued as provided by Section
1173	1173	1106.001, Estates Code, before being allowed to visit the prisoner.
1174	1174	SECTION 8.009. Section 531.012(a), Government Code, as
1175	1175	amended by Chapters 837 (S.B. 200) and 946 (S.B. 277), Acts of the
1176	1176	84th Legislature, Regular Session, 2015, is reenacted to read as
1177	1177	follows:
1178	1178	(a) The executive commissioner shall establish and maintain
1179	1179	advisory committees to consider issues and solicit public input
1180	1180	across all major areas of the health and human services system which
1181	1181	may be from various geographic areas across the state, which may be
1182	1182	done either in person or through teleconferencing centers,
1183	1183	including relating to the following issues:
1184	1184	(1) Medicaid and other social services programs;
1185	1185	(2) managed care under Medicaid and the child health
1186	1186	plan program;
1187	1187	(3) health care quality initiatives;
1188	1188	(4) aging;
1189	1189	(5) persons with disabilities, including persons with
1190	1190	autism;
1191	1191	(6) rehabilitation, including for persons with brain
1192	1192	injuries;
1193	1193	(7) children;
1194	1194	(8) public health;
1195	1195	(9) behavioral health;
1196	1196	(10) regulatory matters;
1197	1197	(11) protective services; and
1198	1198	(12) prevention efforts.
1199	1199	SECTION 8.010. Section 531.02112(c), Government Code, as
1200	1200	amended by Chapter 1203 (S.B. 1455), Acts of the 84th Legislature,
1201	1201	Regular Session, 2015, is repealed to conform to the repeal of
1202	1202	Section 531.02112, Government Code, by Chapter 837 (S.B. 200), Acts
1203	1203	of the 84th Legislature, Regular Session, 2015.
1204	1204	SECTION 8.011. Section 531.0736(g), Government Code, as
1205	1205	added by Chapter 946 (S.B. 277), Acts of the 84th Legislature,
1206	1206	Regular Session, 2015, is repealed as duplicative of Section
1207	1207	531.0736(g), Government Code, as added by Chapter 837 (S.B. 200),
1208	1208	Acts of the 84th Legislature, Regular Session, 2015.
1209	1209	SECTION 8.012. Section 531.102(p), Government Code, as
1210	1210	added by Chapter 837 (S.B. 200), Acts of the 84th Legislature,
1211	1211	Regular Session, 2015, is repealed as duplicative of Section
1212	1212	531.102(v), Government Code.
1213	1213	SECTION 8.013. Section 533.00251(c), Government Code, as
1214	1214	effective September 1, 2021, is amended to conform to Chapters 837
1215	1215	(S.B. 200) and 946 (S.B. 277), Acts of the 84th Legislature, Regular
1216	1216	Session, 2015, to read as follows:
1217	1217	(c) Subject to Section 533.0025 and notwithstanding any
1218	1218	other law, the commission[, in consultation with the advisory
1219	1219	committee,] shall provide benefits under Medicaid to recipients who
1220	1220	reside in nursing facilities through the STAR + PLUS Medicaid
1221	1221	managed care program. In implementing this subsection, the
1222	1222	commission shall ensure:
1223	1223	(1) that a nursing facility is paid not later than the
1224	1224	10th day after the date the facility submits a clean claim;
1225	1225	(2) the appropriate utilization of services
1226	1226	consistent with criteria established by the commission;
1227	1227	(3) a reduction in the incidence of potentially
1228	1228	preventable events and unnecessary institutionalizations;
1229	1229	(4) that a managed care organization providing
1230	1230	services under the managed care program provides discharge
1231	1231	planning, transitional care, and other education programs to
1232	1232	physicians and hospitals regarding all available long-term care
1233	1233	settings;
1234	1234	(5) that a managed care organization providing
1235	1235	services under the managed care program:
1236	1236	(A) assists in collecting applied income from
1237	1237	recipients; and
1238	1238	(B) provides payment incentives to nursing
1239	1239	facility providers that reward reductions in preventable acute care
1240	1240	costs and encourage transformative efforts in the delivery of
1241	1241	nursing facility services, including efforts to promote a
1242	1242	resident-centered care culture through facility design and
1243	1243	services provided;
1244	1244	(6) the establishment of a portal that is in
1245	1245	compliance with state and federal regulations, including standard
1246	1246	coding requirements, through which nursing facility providers
1247	1247	participating in the STAR + PLUS Medicaid managed care program may
1248	1248	submit claims to any participating managed care organization;
1249	1249	(7) that rules and procedures relating to the
1250	1250	certification and decertification of nursing facility beds under
1251	1251	Medicaid are not affected;
1252	1252	(8) that a managed care organization providing
1253	1253	services under the managed care program, to the greatest extent
1254	1254	possible, offers nursing facility providers access to:
1255	1255	(A) acute care professionals; and
1256	1256	(B) telemedicine, when feasible and in
1257	1257	accordance with state law, including rules adopted by the Texas
1258	1258	Medical Board; and
1259	1259	(9) that the commission approves the staff rate
1260	1260	enhancement methodology for the staff rate enhancement paid to a
1261	1261	nursing facility that qualifies for the enhancement under the
1262	1262	managed care program.
1263	1263	SECTION 8.014. Section 2165.007(b), Government Code, as
1264	1264	amended by Chapters 247 (S.B. 836) and 932 (H.B. 2206), Acts of the
1265	1265	84th Legislature, Regular Session, 2015, is reenacted to read as
1266	1266	follows:
1267	1267	(b) Notwithstanding any other law, the commission shall
1268	1268	provide facilities management services in relation to all state
1269	1269	agency facilities in Travis County or a county adjacent to Travis
1270	1270	County. The commission's duty does not apply to:
1271	1271	(1) a facility owned or operated by an institution of
1272	1272	higher education;
1273	1273	(2) military facilities;
1274	1274	(3) facilities owned or operated by the Texas
1275	1275	Department of Criminal Justice;
1276	1276	(4) facilities owned or operated by the Texas Juvenile
1277	1277	Justice Department;
1278	1278	(5) facilities owned or operated by the Texas
1279	1279	Department of Transportation;
1280	1280	(6) the Capitol, including the Capitol Extension, the
1281	1281	General Land Office building, the Bob Bullock Texas State History
1282	1282	Museum, any museum located on the Capitol grounds, the Governor's
1283	1283	Mansion, and any property maintained by the Texas Historical
1284	1284	Commission under Sections 442.0072 and 442.0073;
1285	1285	(7) a facility determined by the commission to be
1286	1286	completely residential;
1287	1287	(8) a regional or field office of a state agency;
1288	1288	(9) a facility located within or on state park
1289	1289	property;
1290	1290	(10) the property known as the Finance Commission
1291	1291	Building described by deed recorded in Volume 5080, Page 1099, of
1292	1292	the Deed Records of Travis County, Texas;
1293	1293	(11) the property known as the Credit Union Department
1294	1294	Building described by deed recorded in Volume 6126, Page 27, of the
1295	1295	Deed Records of Travis County, Texas; or
1296	1296	(12) the property known as the Texas State Cemetery
1297	1297	described as 17.376 acres located at 801 Comal, Lot 5, Division B,
1298	1298	City of Austin, Travis County, Texas.
1299	1299	SECTION 8.015. Section 2256.008(a), Government Code, as
1300	1300	amended by Chapters 222 (H.B. 1148) and 1248 (H.B. 870), Acts of the
1301	1301	84th Legislature, Regular Session, 2015, is reenacted and amended
1302	1302	to read as follows:
1303	1303	(a) Except as provided by Subsections (a-1), (b), [and] (e),
1304	1304	and (f), the treasurer, the chief financial officer if the
1305	1305	treasurer is not the chief financial officer, and the investment
1306	1306	officer of a local government shall:
1307	1307	(1) attend at least one training session from an
1308	1308	independent source approved by the governing body of the local
1309	1309	government or a designated investment committee advising the
1310	1310	investment officer as provided for in the investment policy of the
1311	1311	local government and containing at least 10 hours of instruction
1312	1312	relating to the treasurer's or officer's responsibilities under
1313	1313	this subchapter within 12 months after taking office or assuming
1314	1314	duties; and
1315	1315	(2) [except as provided by Subsections (b), (e), and
1316	1316	(f),] attend an investment training session not less than once in a
1317	1317	two-year period that begins on the first day of that local
1318	1318	government's fiscal year and consists of the two consecutive fiscal
1319	1319	years after that date, and receive not less than 10 hours of
1320	1320	instruction relating to investment responsibilities under this
1321	1321	subchapter from an independent source approved by the governing
1322	1322	body of the local government or a designated investment committee
1323	1323	advising the investment officer as provided for in the investment
1324	1324	policy of the local government.
1325	1325	SECTION 8.016. Section 2306.6725(a), Government Code, as
1326	1326	amended by Chapters 954 (S.B. 1316) and 1111 (H.B. 3311), Acts of
1327	1327	the 84th Legislature, Regular Session, 2015, is reenacted to read
1328	1328	as follows:
1329	1329	(a) In allocating low income housing tax credits, the
1330	1330	department shall score each application using a point system based
1331	1331	on criteria adopted by the department that are consistent with the
1332	1332	department's housing goals, including criteria addressing the
1333	1333	ability of the proposed project to:
1334	1334	(1) provide quality social support services to
1335	1335	residents;
1336	1336	(2) demonstrate community and neighborhood support as
1337	1337	defined by the qualified allocation plan;
1338	1338	(3) consistent with sound underwriting practices and
1339	1339	when economically feasible, serve individuals and families of
1340	1340	extremely low income by leveraging private and state and federal
1341	1341	resources, including federal HOPE VI grants received through the
1342	1342	United States Department of Housing and Urban Development;
1343	1343	(4) serve traditionally underserved areas;
1344	1344	(5) demonstrate support from local political
1345	1345	subdivisions based on the subdivisions' commitment of development
1346	1346	funding;
1347	1347	(6) rehabilitate or perform an adaptive reuse of a
1348	1348	certified historic structure, as defined by Section 171.901(1), Tax
1349	1349	Code, as part of the development;
1350	1350	(7) remain affordable to qualified tenants for an
1351	1351	extended, economically feasible period; and
1352	1352	(8) comply with the accessibility standards that are
1353	1353	required under Section 504, Rehabilitation Act of 1973 (29 U.S.C.
1354	1354	Section 794), and specified under 24 C.F.R. Part 8, Subpart C.
1355	1355	PART B. UPDATE OF COURT FEES AND COSTS
1356	1356	SECTION 8.101. Section 101.021, Government Code, is amended
1357	1357	to conform to Chapter 1182 (S.B. 1139), Acts of the 84th
1358	1358	Legislature, Regular Session, 2015, to read as follows:
1359	1359	Sec. 101.021. SUPREME COURT FEES AND COSTS: GOVERNMENT
1360	1360	CODE. The clerk of the supreme court shall collect fees and costs
1361	1361	as follows:
1362	1362	(1) application for petition for review (Sec. 51.005,
1363	1363	Government Code) . . . $50;
1364	1364	(2) additional fee if application for petition for
1365	1365	review is granted (Sec. 51.005, Government Code) . . . $75;
1366	1366	(3) motion for leave to file petition for writ of
1367	1367	mandamus, prohibition, injunction, and other similar proceedings
1368	1368	originating in the supreme court (Sec. 51.005, Government Code)
1369	1369	. . . $50;
1370	1370	(4) additional fee if a motion under Subdivision (3)
1371	1371	is granted (Sec. 51.005, Government Code) . . . $75;
1372	1372	(5) certified question from a federal court of appeals
1373	1373	to the supreme court (Sec. 51.005, Government Code) . . . $75;
1374	1374	(6) case appealed to the supreme court from the
1375	1375	district court by direct appeal (Sec. 51.005, Government Code)
1376	1376	. . . $100;
1377	1377	(7) any other proceeding filed in the supreme court
1378	1378	(Sec. 51.005, Government Code) . . . $75;
1379	1379	(8) administering an oath and giving a sealed
1380	1380	certificate of the oath (Sec. 51.005, Government Code) . . . $5;
1381	1381	(9) making certain copies, including certificate and
1382	1382	seal (Sec. 51.005, Government Code) . . . $5, or $0.50 per page if
1383	1383	more than 10 pages;
1384	1384	(10) any official service performed by the clerk for
1385	1385	which a fee is not otherwise provided (Sec. 51.005, Government
1386	1386	Code) . . . reasonable amount set by order or rule of supreme court;
1387	1387	(10-a) supreme court support account filing fee (Sec.
1388	1388	51.0051, Government Code) . . . amount set by the supreme court,
1389	1389	not to exceed $50;
1390	1390	(11) issuance of attorney's license or certificate
1391	1391	(Sec. 51.006, Government Code) . . . $10;
1392	1392	(12) additional filing fee to fund civil legal
1393	1393	services for the indigent (Sec. 51.941, Government Code) . . . $25;
1394	1394	and
1395	1395	(13) statewide electronic filing system fund fee (Sec.
1396	1396	51.851, Government Code) . . . $30 [$20].
1397	1397	SECTION 8.102. Section 101.041, Government Code, is amended
1398	1398	to conform to Chapter 1182 (S.B. 1139), Acts of the 84th
1399	1399	Legislature, Regular Session, 2015, to read as follows:
1400	1400	Sec. 101.041. COURT OF APPEALS FEES AND COSTS: GOVERNMENT
1401	1401	CODE. The clerk of a court of appeals shall collect fees and costs
1402	1402	as follows:
1403	1403	(1) for cases appealed to and filed in the court of
1404	1404	appeals from the district and county courts within its court of
1405	1405	appeals district (Sec. 51.207, Government Code) . . . $100;
1406	1406	(2) motion for leave to file petition for writ of
1407	1407	mandamus, prohibition, injunction, and other similar proceedings
1408	1408	originating in the court of appeals (Sec. 51.207, Government Code)
1409	1409	. . . $50;
1410	1410	(3) additional fee if the motion under Subdivision (2)
1411	1411	is granted (Sec. 51.207, Government Code) . . . $75;
1412	1412	(4) motion to file or to extend time to file record on
1413	1413	appeal from district or county court (Sec. 51.207, Government Code)
1414	1414	. . . $10;
1415	1415	(5) administering an oath and giving a sealed
1416	1416	certificate of oath (Sec. 51.207, Government Code) . . . $5;
1417	1417	(6) certified copy of papers of record in court
1418	1418	offices, including certificate and seal (Sec. 51.207, Government
1419	1419	Code) . . . $5, or $1 per page if more than five pages;
1420	1420	(7) comparing any document with the original filed in
1421	1421	the offices of the court for purposes of certification (Sec.
1422	1422	51.207, Government Code) . . . $5, or $1 per page if more than five
1423	1423	pages;
1424	1424	(8) any official service performed by the clerk for
1425	1425	which a fee is not otherwise provided (Sec. 51.207, Government
1426	1426	Code) . . . a reasonable fee set by the order or rule of the supreme
1427	1427	court;
1428	1428	(8-a) supreme court support account filing fee (Sec.
1429	1429	51.208, Government Code) . . . amount set by the supreme court, not
1430	1430	to exceed $50;
1431	1431	(9) additional filing fee to fund civil legal services
1432	1432	for the indigent (Sec. 51.941, Government Code) . . . $25; and
1433	1433	(10) statewide electronic filing system fund fee (Sec.
1434	1434	51.851, Government Code) . . . $30 [$20].
1435	1435	SECTION 8.103. (a) Section 101.0611, Government Code, as
1436	1436	amended by Section 1.03, Chapter 927 (H.B. 1513), Acts of the 83rd
1437	1437	Legislature, Regular Session, 2013, is amended to conform to
1438	1438	Chapters 654 (H.B. 2182) and 1182 (S.B. 1139), Acts of the 84th
1439	1439	Legislature, Regular Session, 2015, and is further amended to read
1440	1440	as follows:
1441	1441	Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT
1442	1442	CODE. The clerk of a district court shall collect fees and costs
1443	1443	under the Government Code as follows:
1444	1444	(1) appellate judicial system filing fees for:
1445	1445	(A) First or Fourteenth Court of Appeals District
1446	1446	(Sec. 22.2021, Government Code) . . . not more than $5;
1447	1447	(B) Second Court of Appeals District (Sec.
1448	1448	22.2031, Government Code) . . . $5;
1449	1449	(C) Third Court of Appeals District (Sec.
1450	1450	22.2041, Government Code) . . . $5;
1451	1451	(D) Fourth Court of Appeals District (Sec.
1452	1452	22.2051, Government Code) . . . not more than $5;
1453	1453	(E) Fifth Court of Appeals District (Sec.
1454	1454	22.2061, Government Code) . . . not more than $5;
1455	1455	(E-1) Sixth Court of Appeals District (Sec.
1456	1456	22.2071, Government Code) . . . $5;
1457	1457	(E-2) Seventh Court of Appeals District (Sec.
1458	1458	22.2081, Government Code) . . . $5;
1459	1459	(E-3) Eighth Court of Appeals District (Sec.
1460	1460	22.2091, Government Code) . . . $5;
1461	1461	(F) Ninth Court of Appeals District (Sec.
1462	1462	22.2101, Government Code) . . . $5;
1463	1463	(G) Eleventh Court of Appeals District (Sec.
1464	1464	22.2121, Government Code) . . . $5;
1465	1465	(G-1) Twelfth Court of Appeals District (Sec.
1466	1466	22.2131, Government Code) . . . $5; and
1467	1467	(H) Thirteenth Court of Appeals District (Sec.
1468	1468	22.2141, Government Code) . . . not more than $5;
1469	1469	(2) when administering a case for the Rockwall County
1470	1470	Court at Law (Sec. 25.2012, Government Code) . . . civil fees and
1471	1471	court costs as if the case had been filed in district court;
1472	1472	(3) additional filing fees:
1473	1473	(A) for each suit filed for insurance contingency
1474	1474	fund, if authorized by the county commissioners court (Sec. 51.302,
1475	1475	Government Code) . . . not to exceed $5;
1476	1476	(B) to fund the improvement of Dallas County
1477	1477	civil court facilities, if authorized by the county commissioners
1478	1478	court (Sec. 51.705, Government Code) . . . not more than $15;
1479	1479	(B-1) to fund the improvement of Bexar County
1480	1480	court facilities, if authorized by the county commissioners court
1481	1481	(Sec. 51.706, Government Code) . . . not more than $15;
1482	1482	(C) to fund the improvement of Hays County court
1483	1483	facilities, if authorized by the county commissioners court (Sec.
1484	1484	51.707, Government Code) . . . not more than $15;
1485	1485	(D) to fund the preservation of court records
1486	1486	(Sec. 51.708, Government Code) . . . not more than $10;
1487	1487	(E) to fund the construction, renovation, or
1488	1488	improvement of Rockwall County court facilities, if authorized by
1489	1489	the county commissioners court (Sec. 51.709, Government Code) . . .
1490	1490	not more than $15; [and]
1491	1491	(F) to fund the construction, renovation, or
1492	1492	improvement of Travis County court facilities, if authorized by the
1493	1493	county commissioners court (Sec. 51.710, Government Code) . . . not
1494	1494	more than $15;
1495	1495	(G) to fund the construction, renovation, or
1496	1496	improvement of Hidalgo County court facilities, if authorized by
1497	1497	the county commissioners court (Sec. 51.711, Government Code) . . .
1498	1498	not more than $20; and
1499	1499	(H) to fund the construction, renovation, or
1500	1500	improvement of Cameron County court facilities, if authorized by
1501	1501	the county commissioners court (Sec. 51.711, Government Code) . . .
1502	1502	not more than $20;
1503	1503	(4) for filing a suit, including an appeal from an
1504	1504	inferior court:
1505	1505	(A) for a suit with 10 or fewer plaintiffs (Sec.
1506	1506	51.317, Government Code) . . . $50;
1507	1507	(B) for a suit with at least 11 but not more than
1508	1508	25 plaintiffs (Sec. 51.317, Government Code) . . . $75;
1509	1509	(C) for a suit with at least 26 but not more than
1510	1510	100 plaintiffs (Sec. 51.317, Government Code) . . . $100;
1511	1511	(D) for a suit with at least 101 but not more than
1512	1512	500 plaintiffs (Sec. 51.317, Government Code) . . . $125;
1513	1513	(E) for a suit with at least 501 but not more than
1514	1514	1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or
1515	1515	(F) for a suit with more than 1,000 plaintiffs
1516	1516	(Sec. 51.317, Government Code) . . . $200;
1517	1517	(5) for filing a cross-action, counterclaim,
1518	1518	intervention, contempt action, motion for new trial, or third-party
1519	1519	petition (Sec. 51.317, Government Code) . . . $15;
1520	1520	(6) for issuing a citation or other writ or process not
1521	1521	otherwise provided for, including one copy, when requested at the
1522	1522	time a suit or action is filed (Sec. 51.317, Government Code) . . .
1523	1523	$8;
1524	1524	(7) for records management and preservation (Sec.
1525	1525	51.317, Government Code) . . . $10;
1526	1526	(7-a) for district court records archiving, if adopted
1527	1527	by the county commissioners court (Sec. 51.317(b)(5), Government
1528	1528	Code) . . . not more than $10;
1529	1529	(8) for issuing a subpoena, including one copy (Sec.
1530	1530	51.318, Government Code) . . . $8;
1531	1531	(9) for issuing a citation, commission for deposition,
1532	1532	writ of execution, order of sale, writ of execution and order of
1533	1533	sale, writ of injunction, writ of garnishment, writ of attachment,
1534	1534	or writ of sequestration not provided for in Section 51.317, or any
1535	1535	other writ or process not otherwise provided for, including one
1536	1536	copy if required by law (Sec. 51.318, Government Code) . . . $8;
1537	1537	(10) for searching files or records to locate a cause
1538	1538	when the docket number is not provided (Sec. 51.318, Government
1539	1539	Code) . . . $5;
1540	1540	(11) for searching files or records to ascertain the
1541	1541	existence of an instrument or record in the district clerk's office
1542	1542	(Sec. 51.318, Government Code) . . . $5;
1543	1543	(12) for abstracting a judgment (Sec. 51.318,
1544	1544	Government Code) . . . $8;
1545	1545	(13) for approving a bond (Sec. 51.318, Government
1546	1546	Code) . . . $4;
1547	1547	(14) for a certified copy of a record, judgment,
1548	1548	order, pleading, or paper on file or of record in the district
1549	1549	clerk's office, including certificate and seal, for each page or
1550	1550	part of a page (Sec. 51.318, Government Code) . . . not to exceed
1551	1551	$1;
1552	1552	(15) for a noncertified copy, for each page or part of
1553	1553	a page (Sec. 51.318, Government Code) . . . not to exceed $1;
1554	1554	(16) fee for performing a service:
1555	1555	(A) related to the matter of the estate of a
1556	1556	deceased person (Sec. 51.319, Government Code) . . . the same fee
1557	1557	allowed the county clerk for those services;
1558	1558	(B) related to the matter of a minor (Sec.
1559	1559	51.319, Government Code) . . . the same fee allowed the county
1560	1560	clerk for the service;
1561	1561	(C) of serving process by certified or registered
1562	1562	mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or
1563	1563	constable is authorized to charge for the service under Section
1564	1564	118.131, Local Government Code; [and]
1565	1565	(D) prescribed or authorized by law but for which
1566	1566	no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee;
1567	1567	and
1568	1568	(E) related to a matter filed in a statutory
1569	1569	county court (Sec. 51.319, Government Code) . . . the same fees
1570	1570	allowed the district clerk for those services in the district
1571	1571	court;
1572	1572	(17) jury fee (Sec. 51.604, Government Code) . . . $40
1573	1573	[$30];
1574	1574	(18) additional filing fee for family protection on
1575	1575	filing a suit for dissolution of a marriage under Chapter 6, Family
1576	1576	Code (Sec. 51.961, Government Code) . . . not to exceed $15;
1577	1577	(19) at a hearing held by an associate judge appointed
1578	1578	under Subchapter B, Chapter 54A, Government Code, a court cost to
1579	1579	preserve the record, in the absence of a court reporter, by any
1580	1580	means approved by the associate judge (Sec. 54A.110, Government
1581	1581	Code) . . . as assessed by the referring court or associate judge;
1582	1582	and
1583	1583	(20) statewide electronic filing system fund fee (Sec.
1584	1584	51.851, Government Code) . . . $30 [$20].
1585	1585	(b) Section 101.0611, Government Code, as amended by
1586	1586	Section 2.03, Chapter 927 (H.B. 1513), Acts of the 83rd
1587	1587	Legislature, Regular Session, 2013, effective September 1, 2019, is
1588	1588	amended to conform to Chapters 654 (H.B. 2182) and 1182 (S.B. 1139),
1589	1589	Acts of the 84th Legislature, Regular Session, 2015, and is further
1590	1590	amended to read as follows:
1591	1591	Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT
1592	1592	CODE. The clerk of a district court shall collect fees and costs
1593	1593	under the Government Code as follows:
1594	1594	(1) appellate judicial system filing fees for:
1595	1595	(A) First or Fourteenth Court of Appeals District
1596	1596	(Sec. 22.2021, Government Code) . . . not more than $5;
1597	1597	(B) Second Court of Appeals District (Sec.
1598	1598	22.2031, Government Code) . . . $5;
1599	1599	(C) Third Court of Appeals District (Sec.
1600	1600	22.2041, Government Code) . . . $5;
1601	1601	(D) Fourth Court of Appeals District (Sec.
1602	1602	22.2051, Government Code) . . . not more than $5;
1603	1603	(E) Fifth Court of Appeals District (Sec.
1604	1604	22.2061, Government Code) . . . not more than $5;
1605	1605	(E-1) Sixth Court of Appeals District (Sec.
1606	1606	22.2071, Government Code) . . . $5;
1607	1607	(E-2) Seventh Court of Appeals District (Sec.
1608	1608	22.2081, Government Code) . . . $5;
1609	1609	(E-3) Eighth Court of Appeals District (Sec.
1610	1610	22.2091, Government Code) . . . $5;
1611	1611	(F) Ninth Court of Appeals District (Sec.
1612	1612	22.2101, Government Code) . . . $5;
1613	1613	(G) Eleventh Court of Appeals District (Sec.
1614	1614	22.2121, Government Code) . . . $5;
1615	1615	(G-1) Twelfth Court of Appeals District (Sec.
1616	1616	22.2131, Government Code) . . . $5; and
1617	1617	(H) Thirteenth Court of Appeals District (Sec.
1618	1618	22.2141, Government Code) . . . not more than $5;
1619	1619	(2) when administering a case for the Rockwall County
1620	1620	Court at Law (Sec. 25.2012, Government Code) . . . civil fees and
1621	1621	court costs as if the case had been filed in district court;
1622	1622	(3) additional filing fees:
1623	1623	(A) for each suit filed for insurance contingency
1624	1624	fund, if authorized by the county commissioners court (Sec. 51.302,
1625	1625	Government Code) . . . not to exceed $5;
1626	1626	(B) to fund the improvement of Dallas County
1627	1627	civil court facilities, if authorized by the county commissioners
1628	1628	court (Sec. 51.705, Government Code) . . . not more than $15;
1629	1629	(B-1) to fund the improvement of Bexar County
1630	1630	court facilities, if authorized by the county commissioners court
1631	1631	(Sec. 51.706, Government Code) . . . not more than $15;
1632	1632	(C) to fund the improvement of Hays County court
1633	1633	facilities, if authorized by the county commissioners court (Sec.
1634	1634	51.707, Government Code) . . . not more than $15;
1635	1635	(D) to fund the preservation of court records
1636	1636	(Sec. 51.708, Government Code) . . . not more than $10;
1637	1637	(E) to fund the construction, renovation, or
1638	1638	improvement of Rockwall County court facilities, if authorized by
1639	1639	the county commissioners court (Sec. 51.709, Government Code) . . .
1640	1640	not more than $15; [and]
1641	1641	(F) to fund the construction, renovation, or
1642	1642	improvement of Travis County court facilities, if authorized by the
1643	1643	county commissioners court (Sec. 51.710, Government Code) . . . not
1644	1644	more than $15;
1645	1645	(G) to fund the construction, renovation, or
1646	1646	improvement of Hidalgo County court facilities, if authorized by
1647	1647	the county commissioners court (Sec. 51.711, Government Code) . . .
1648	1648	not more than $20; and
1649	1649	(H) to fund the construction, renovation, or
1650	1650	improvement of Cameron County court facilities, if authorized by
1651	1651	the county commissioners court (Sec. 51.711, Government Code) . . .
1652	1652	not more than $20;
1653	1653	(4) for filing a suit, including an appeal from an
1654	1654	inferior court:
1655	1655	(A) for a suit with 10 or fewer plaintiffs (Sec.
1656	1656	51.317, Government Code) . . . $50;
1657	1657	(B) for a suit with at least 11 but not more than
1658	1658	25 plaintiffs (Sec. 51.317, Government Code) . . . $75;
1659	1659	(C) for a suit with at least 26 but not more than
1660	1660	100 plaintiffs (Sec. 51.317, Government Code) . . . $100;
1661	1661	(D) for a suit with at least 101 but not more than
1662	1662	500 plaintiffs (Sec. 51.317, Government Code) . . . $125;
1663	1663	(E) for a suit with at least 501 but not more than
1664	1664	1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or
1665	1665	(F) for a suit with more than 1,000 plaintiffs
1666	1666	(Sec. 51.317, Government Code) . . . $200;
1667	1667	(5) for filing a cross-action, counterclaim,
1668	1668	intervention, contempt action, motion for new trial, or third-party
1669	1669	petition (Sec. 51.317, Government Code) . . . $15;
1670	1670	(6) for issuing a citation or other writ or process not
1671	1671	otherwise provided for, including one copy, when requested at the
1672	1672	time a suit or action is filed (Sec. 51.317, Government Code) . . .
1673	1673	$8;
1674	1674	(7) for records management and preservation (Sec.
1675	1675	51.317, Government Code) . . . $10;
1676	1676	(7-a) for district court records archiving, if adopted
1677	1677	by the county commissioners court (Sec. 51.317(b)(5), Government
1678	1678	Code) . . . not more than $5;
1679	1679	(8) for issuing a subpoena, including one copy (Sec.
1680	1680	51.318, Government Code) . . . $8;
1681	1681	(9) for issuing a citation, commission for deposition,
1682	1682	writ of execution, order of sale, writ of execution and order of
1683	1683	sale, writ of injunction, writ of garnishment, writ of attachment,
1684	1684	or writ of sequestration not provided for in Section 51.317, or any
1685	1685	other writ or process not otherwise provided for, including one
1686	1686	copy if required by law (Sec. 51.318, Government Code) . . . $8;
1687	1687	(10) for searching files or records to locate a cause
1688	1688	when the docket number is not provided (Sec. 51.318, Government
1689	1689	Code) . . . $5;
1690	1690	(11) for searching files or records to ascertain the
1691	1691	existence of an instrument or record in the district clerk's office
1692	1692	(Sec. 51.318, Government Code) . . . $5;
1693	1693	(12) for abstracting a judgment (Sec. 51.318,
1694	1694	Government Code) . . . $8;
1695	1695	(13) for approving a bond (Sec. 51.318, Government
1696	1696	Code) . . . $4;
1697	1697	(14) for a certified copy of a record, judgment,
1698	1698	order, pleading, or paper on file or of record in the district
1699	1699	clerk's office, including certificate and seal, for each page or
1700	1700	part of a page (Sec. 51.318, Government Code) . . . not to exceed
1701	1701	$1;
1702	1702	(15) for a noncertified copy, for each page or part of
1703	1703	a page (Sec. 51.318, Government Code) . . . not to exceed $1;
1704	1704	(16) fee for performing a service:
1705	1705	(A) related to the matter of the estate of a
1706	1706	deceased person (Sec. 51.319, Government Code) . . . the same fee
1707	1707	allowed the county clerk for those services;
1708	1708	(B) related to the matter of a minor (Sec.
1709	1709	51.319, Government Code) . . . the same fee allowed the county
1710	1710	clerk for the service;
1711	1711	(C) of serving process by certified or registered
1712	1712	mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or
1713	1713	constable is authorized to charge for the service under Section
1714	1714	118.131, Local Government Code; [and]
1715	1715	(D) prescribed or authorized by law but for which
1716	1716	no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee;
1717	1717	and
1718	1718	(E) related to a matter filed in a statutory
1719	1719	county court (Sec. 51.319, Government Code) . . . the same fees
1720	1720	allowed the district clerk for those services in the district
1721	1721	court;
1722	1722	(17) jury fee (Sec. 51.604, Government Code) . . . $40
1723	1723	[$30];
1724	1724	(18) additional filing fee for family protection on
1725	1725	filing a suit for dissolution of a marriage under Chapter 6, Family
1726	1726	Code (Sec. 51.961, Government Code) . . . not to exceed $15;
1727	1727	(19) at a hearing held by an associate judge appointed
1728	1728	under Subchapter B, Chapter 54A, Government Code, a court cost to
1729	1729	preserve the record, in the absence of a court reporter, by any
1730	1730	means approved by the associate judge (Sec. 54A.110, Government
1731	1731	Code) . . . as assessed by the referring court or associate judge;
1732	1732	and
1733	1733	(20) statewide electronic filing system fund fee (Sec.
1734	1734	51.851, Government Code) . . . $30 [$20].
1735	1735	(c) Section 101.061192, Government Code, is repealed.
1736	1736	SECTION 8.104. Section 101.0616, Government Code, is
1737	1737	amended to conform to Chapter 1031 (H.B. 1438), Acts of the 84th
1738	1738	Legislature, Regular Session, 2015, to read as follows:
1739	1739	Sec. 101.0616. DISTRICT COURT FEES AND COSTS: ESTATES
1740	1740	CODE. The clerk of a district court shall collect fees and costs
1741	1741	under the Estates Code as follows:
1742	1742	(1) security deposit on filing, by any person other
1743	1743	than the personal representative of an estate, an application,
1744	1744	complaint, or opposition in relation to the estate, if required by
1745	1745	the clerk (Sec. 53.052, Estates Code) . . . probable cost of the
1746	1746	proceeding;
1747	1747	(2) [fee on filing an application, complaint,
1748	1748	petition, or other paper in a guardianship proceeding, which
1749	1749	includes a deposit for payment to an attorney ad litem (Sec.
1750	1750	1052.051, Estates Code) . . . cost of filing and payment of
1751	1751	attorney ad litem;
1752	1752	[(3)] security deposit on filing, by any person other
1753	1753	than the guardian, attorney ad litem, or guardian ad litem, an
1754	1754	application, complaint, or opposition in relation to a guardianship
1755	1755	matter, if required by the clerk (Sec. 1053.052, Estates Code)
1756	1756	. . . probable cost of the guardianship proceeding;
1757	1757	(3) [(4)] nonrefundable fee to cover the cost of
1758	1758	administering Subchapter G, Chapter 1104, Estates Code (Sec.
1759	1759	1104.303, Estates Code) . . . $40; and
1760	1760	(4) [(5)] costs for attorney ad litem appointed to
1761	1761	pursue the restoration of a ward's capacity or modification of the
1762	1762	ward's guardianship (Sec. 1202.102, Estates Code) . . . reasonable
1763	1763	compensation.
1764	1764	SECTION 8.105. (a) Section 101.0811, Government Code, is
1765	1765	amended to conform to Chapters 654 (H.B. 2182) and 1182 (S.B. 1139),
1766	1766	Acts of the 84th Legislature, Regular Session, 2015, and is further
1767	1767	amended to read as follows:
1768	1768	Sec. 101.0811. STATUTORY COUNTY COURT FEES AND COSTS:
1769	1769	GOVERNMENT CODE. The clerk of a statutory county court shall
1770	1770	collect fees and costs under the Government Code as follows:
1771	1771	(1) appellate judicial system filing fees:
1772	1772	(A) First or Fourteenth Court of Appeals District
1773	1773	(Sec. 22.2021, Government Code) . . . not more than $5;
1774	1774	(B) Second Court of Appeals District (Sec.
1775	1775	22.2031, Government Code) . . . $5;
1776	1776	(C) Third Court of Appeals District (Sec.
1777	1777	22.2041, Government Code) . . . $5;
1778	1778	(D) Fourth Court of Appeals District (Sec.
1779	1779	22.2051, Government Code) . . . not more than $5;
1780	1780	(E) Fifth Court of Appeals District (Sec.
1781	1781	22.2061, Government Code) . . . not more than $5;
1782	1782	(E-1) Sixth Court of Appeals District (Sec.
1783	1783	22.2071, Government Code) . . . $5;
1784	1784	(E-2) Seventh Court of Appeals District (Sec.
1785	1785	22.2081, Government Code) . . . $5;
1786	1786	(E-3) Eighth Court of Appeals District (Sec.
1787	1787	22.2091, Government Code) . . . $5;
1788	1788	(F) Ninth Court of Appeals District (Sec.
1789	1789	22.2101, Government Code) . . . $5;
1790	1790	(G) Eleventh Court of Appeals District (Sec.
1791	1791	22.2121, Government Code) . . . $5;
1792	1792	(G-1) Twelfth Court of Appeals District (Sec.
1793	1793	22.2131, Government Code) . . . $5; and
1794	1794	(H) Thirteenth Court of Appeals District (Sec.
1795	1795	22.2141, Government Code) . . . not more than $5;
1796	1796	(2) an official court reporter fee, County Court at
1797	1797	Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . . $3;
1798	1798	(3) in Brazoria County, in matters of concurrent
1799	1799	jurisdiction with the district court, fees (Sec. 25.0222,
1800	1800	Government Code) . . . as prescribed by law for district judges
1801	1801	according to the nature of the matter;
1802	1802	(4) a court reporter fee when testimony is taken in a
1803	1803	county court at law in McLennan County (Sec. 25.1572, Government
1804	1804	Code) . . . $3;
1805	1805	(5) a stenographer fee, if a record or part of a record
1806	1806	is made:
1807	1807	(A) in a county court at law in Hidalgo County
1808	1808	(Sec. 25.1102, Government Code) . . . $20; and
1809	1809	(B) in the 1st Multicounty Court at Law (Sec.
1810	1810	25.2702, Government Code) . . . $25;
1811	1811	(6) jury fee (Sec. 51.604, Government Code) . . . $40
1812	1812	[$22];
1813	1813	(7) an additional filing fee:
1814	1814	(A) for each civil case filed to be used for
1815	1815	court-related purposes for the support of the judiciary (Sec.
1816	1816	51.702, Government Code) . . . $40;
1817	1817	(B) to fund the improvement of Dallas County
1818	1818	civil court facilities, if authorized by the county commissioners
1819	1819	court (Sec. 51.705, Government Code) . . . not more than $15;
1820	1820	(B-1) to fund the improvement of Bexar County
1821	1821	court facilities, if authorized by the county commissioners court
1822	1822	(Sec. 51.706, Government Code) . . . not more than $15;
1823	1823	(C) to fund the improvement of Hays County court
1824	1824	facilities, if authorized by the county commissioners court (Sec.
1825	1825	51.707, Government Code) . . . not more than $15;
1826	1826	(D) to fund the preservation of court records
1827	1827	(Sec. 51.708, Government Code) . . . not more than $10;
1828	1828	(E) to fund the construction, renovation, or
1829	1829	improvement of Rockwall County court facilities, if authorized by
1830	1830	the county commissioners court (Sec. 51.709, Government Code) . . .
1831	1831	not more than $15; [and]
1832	1832	(F) to fund the construction, renovation, or
1833	1833	improvement of Travis County court facilities, if authorized by the
1834	1834	county commissioners court (Sec. 51.710, Government Code) . . . not
1835	1835	more than $15;
1836	1836	(G) to fund the construction, renovation, or
1837	1837	improvement of Hidalgo County court facilities, if authorized by
1838	1838	the county commissioners court (Sec. 51.711, Government Code) . . .
1839	1839	not more than $20; and
1840	1840	(H) to fund the construction, renovation, or
1841	1841	improvement of Cameron County court facilities, if authorized by
1842	1842	the county commissioners court (Sec. 51.711, Government Code) . . .
1843	1843	not more than $20;
1844	1844	(8) the official court reporter's fee taxed as costs in
1845	1845	civil actions in a statutory county court:
1846	1846	(A) in Bexar County Courts at Law Nos. 3, 4, 5, 6,
1847	1847	7, 8, 9, 10, 11, 12, 13, 14, and 15 (Sec. 25.0172, Government Code)
1848	1848	. . . taxed in the same manner as the fee is taxed in district
1849	1849	court;
1850	1850	(B) in Galveston County (Sec. 25.0862,
1851	1851	Government Code) . . . taxed in the same manner as the fee is taxed
1852	1852	in civil cases in the district courts; [and]
1853	1853	(C) in Harris County (Sec. 25.1032, Government
1854	1854	Code) . . . taxed in the same manner as the fee is taxed in civil
1855	1855	cases in the district courts; and
1856	1856	(D) in Parker County (Sec. 25.1862, Government
1857	1857	Code) . . . taxed in the same manner as the fee is taxed in civil
1858	1858	cases in the district courts;
1859	1859	(9) in Nueces County, in matters of concurrent
1860	1860	jurisdiction with the district court, with certain exceptions, fees
1861	1861	(Sec. 25.1802, Government Code) . . . equal to those in district
1862	1862	court cases;
1863	1863	(10) a fee not otherwise listed in this subchapter
1864	1864	that is required to be collected under Section 25.0008, Government
1865	1865	Code, in a county other than Brazos, Cameron, Ellis, Guadalupe,
1866	1866	Harris, Henderson, Liberty, Moore, Nolan, Panola, Parker, Starr,
1867	1867	Victoria, and Williamson . . . as prescribed by law relating to
1868	1868	county judges' fees;
1869	1869	(11) at a hearing held by an associate judge appointed
1870	1870	under Subchapter B, Chapter 54A, Government Code, a court cost to
1871	1871	preserve the record, in the absence of a court reporter, by any
1872	1872	means approved by the associate judge (Sec. 54A.110, Government
1873	1873	Code) . . . as assessed by the referring court or associate judge;
1874	1874	and
1875	1875	(12) statewide electronic filing system fund fee (Sec.
1876	1876	51.851, Government Code) . . . $30 [$20].
1877	1877	(b) Section 101.081191, Government Code, is repealed.
1878	1878	SECTION 8.106. Section 101.0814, Government Code, is
1879	1879	amended to conform to Chapter 654 (H.B. 2182), Acts of the 84th
1880	1880	Legislature, Regular Session, 2015, to read as follows:
1881	1881	Sec. 101.0814. STATUTORY COUNTY COURT FEES AND COSTS:
1882	1882	LOCAL GOVERNMENT CODE. The clerk of a statutory county court shall
1883	1883	collect fees and costs under the Local Government Code as follows:
1884	1884	(1) additional filing fee to fund contingency fund for
1885	1885	liability insurance, if authorized by the county commissioners
1886	1886	court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
1887	1887	(2) civil court actions (Sec. 118.052, Local
1888	1888	Government Code):
1889	1889	(A) filing of original action (Secs. 118.052 and
1890	1890	118.053, Local Government Code):
1891	1891	(i) garnishment after judgment (Sec.
1892	1892	118.052, Local Government Code) . . . $15; and
1893	1893	(ii) all others (Sec. 118.052, Local
1894	1894	Government Code) . . . $40;
1895	1895	(B) filing of action other than original (Secs.
1896	1896	118.052 and 118.054, Local Government Code) . . . $30; and
1897	1897	(C) services rendered after judgment in original
1898	1898	action (Secs. 118.052 and 118.0545, Local Government Code):
1899	1899	(i) abstract of judgment (Sec. 118.052,
1900	1900	Local Government Code) . . . $5; and
1901	1901	(ii) execution, order of sale, writ, or
1902	1902	other process (Sec. 118.052, Local Government Code) . . . $5;
1903	1903	(3) probate court actions (Sec. 118.052, Local
1904	1904	Government Code):
1905	1905	(A) probate original action (Secs. 118.052 and
1906	1906	118.055, Local Government Code):
1907	1907	(i) probate of a will with independent
1908	1908	executor, administration with will attached, administration of an
1909	1909	estate, guardianship or receivership of an estate, or muniment of
1910	1910	title (Sec. 118.052, Local Government Code) . . . $40;
1911	1911	(ii) community survivors (Sec. 118.052,
1912	1912	Local Government Code) . . . $40;
1913	1913	(iii) small estates (Sec. 118.052, Local
1914	1914	Government Code) . . . $40;
1915	1915	(iv) declarations of heirship (Sec.
1916	1916	118.052, Local Government Code) . . . $40;
1917	1917	(v) mental health or chemical dependency
1918	1918	services (Sec. 118.052, Local Government Code) . . . $40; and
1919	1919	(vi) additional, special fee (Secs. 118.052
1920	1920	and 118.064, Local Government Code) . . . $5;
1921	1921	(B) services in pending probate action (Secs.
1922	1922	118.052 and 118.056, Local Government Code):
1923	1923	(i) filing an inventory and appraisement
1924	1924	(Secs. 118.052 and 118.056(d), Local Government Code) . . . $25;
1925	1925	(ii) approving and recording bond (Sec.
1926	1926	118.052, Local Government Code) . . . $3;
1927	1927	(iii) administering oath (Sec. 118.052,
1928	1928	Local Government Code) . . . $2;
1929	1929	(iv) filing annual or final account of
1930	1930	estate (Sec. 118.052, Local Government Code) . . . $25;
1931	1931	(v) filing application for sale of real or
1932	1932	personal property (Sec. 118.052, Local Government Code) . . . $25;
1933	1933	(vi) filing annual or final report of
1934	1934	guardian of a person (Sec. 118.052, Local Government Code) . . .
1935	1935	$10; and
1936	1936	(vii) filing a document not listed under
1937	1937	this paragraph after the filing of an order approving the inventory
1938	1938	and appraisement or after the 120th day after the date of the
1939	1939	initial filing of the action, whichever occurs first (Secs. 118.052
1940	1940	and 191.007, Local Government Code), if more than 25 pages . . .
1941	1941	$25;
1942	1942	(C) adverse probate action (Secs. 118.052 and
1943	1943	118.057, Local Government Code) . . . $40;
1944	1944	(D) claim against estate (Secs. 118.052 and
1945	1945	118.058, Local Government Code) . . . $10 [$2];
1946	1946	(E) supplemental court-initiated guardianship
1947	1947	fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20;
1948	1948	and
1949	1949	(F) supplemental public probate administrator
1950	1950	fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10;
1951	1951	(4) other fees (Sec. 118.052, Local Government Code):
1952	1952	(A) issuing document (Secs. 118.052 and 118.059,
1953	1953	Local Government Code):
1954	1954	(i) original document and one copy (Sec.
1955	1955	118.052, Local Government Code) . . . $4; and
1956	1956	(ii) each additional set of an original and
1957	1957	one copy (Sec. 118.052, Local Government Code) . . . $4;
1958	1958	(B) certified papers (Secs. 118.052 and 118.060,
1959	1959	Local Government Code):
1960	1960	(i) for the clerk's certificate (Sec.
1961	1961	118.052, Local Government Code) . . . $5; and
1962	1962	(ii) a fee per page or part of a page (Sec.
1963	1963	118.052, Local Government Code) . . . $1;
1964	1964	(C) noncertified papers, for each page or part of
1965	1965	a page (Secs. 118.052 and 118.0605, Local Government Code) . . .
1966	1966	$1;
1967	1967	(D) letters testamentary, letter of
1968	1968	guardianship, letter of administration, or abstract of judgment
1969	1969	(Secs. 118.052 and 118.061, Local Government Code) . . . $2;
1970	1970	(E) safekeeping of wills (Secs. 118.052 and
1971	1971	118.062, Local Government Code) . . . $5;
1972	1972	(F) mail service of process (Secs. 118.052 and
1973	1973	118.063, Local Government Code) . . . same as sheriff; and
1974	1974	(G) records management and preservation fee
1975	1975	(Secs. 118.052, 118.0546, and 118.0645, Local Government Code)
1976	1976	. . . $5;
1977	1977	(5) additional filing fee for filing any civil action
1978	1978	or proceeding requiring a filing fee, including an appeal, and on
1979	1979	the filing of any counterclaim, cross-action, intervention,
1980	1980	interpleader, or third-party action requiring a filing fee, to fund
1981	1981	civil legal services for the indigent (Sec. 133.153, Local
1982	1982	Government Code) . . . $10;
1983	1983	(6) on the filing of a civil suit, an additional filing
1984	1984	fee to be used for court-related purposes for the support of the
1985	1985	judiciary (Sec. 133.154, Local Government Code) . . . $42;
1986	1986	(7) additional filing fee to fund the courthouse
1987	1987	security fund, if authorized by the county commissioners court
1988	1988	(Sec. 291.008, Local Government Code) . . . not to exceed $5;
1989	1989	(8) additional filing fee for filing documents not
1990	1990	subject to certain filing fees to fund the courthouse security
1991	1991	fund, if authorized by the county commissioners court (Sec.
1992	1992	291.008, Local Government Code) . . . $1;
1993	1993	(9) additional filing fee to fund the courthouse
1994	1994	security fund in Webb County, if authorized by the county
1995	1995	commissioners court (Sec. 291.009, Local Government Code) . . . not
1996	1996	to exceed $20; and
1997	1997	(10) court cost in civil cases other than suits for
1998	1998	delinquent taxes to fund the county law library fund, if authorized
1999	1999	by the county commissioners court (Sec. 323.023, Local Government
2000	2000	Code) . . . not to exceed $35.
2001	2001	SECTION 8.107. Section 101.0815, Government Code, is
2002	2002	amended to conform to Chapter 1031 (H.B. 1438), Acts of the 84th
2003	2003	Legislature, Regular Session, 2015, to read as follows:
2004	2004	Sec. 101.0815. STATUTORY COUNTY COURT FEES AND COSTS:
2005	2005	ESTATES CODE. The clerk of a statutory county court shall collect
2006	2006	fees and costs under the Estates Code as follows:
2007	2007	(1) fee for deposit of a will with the county clerk
2008	2008	during testator's lifetime (Sec. 252.001, Estates Code) . . . $5;
2009	2009	(2) security deposit on filing, by any person other
2010	2010	than the personal representative of an estate, an application,
2011	2011	complaint, or opposition in relation to the estate, if required by
2012	2012	the clerk (Sec. 53.052, Estates Code) . . . probable cost of the
2013	2013	proceeding;
2014	2014	(3) [fee on filing an application, complaint,
2015	2015	petition, or other paper in a guardianship proceeding, which
2016	2016	includes a deposit for payment to an attorney ad litem (Sec.
2017	2017	1052.051, Estates Code) . . . cost of filing and payment of
2018	2018	attorney ad litem;
2019	2019	[(4)] security deposit on filing, by any person other
2020	2020	than the guardian, attorney ad litem, or guardian ad litem, an
2021	2021	application, complaint, or opposition in relation to a guardianship
2022	2022	matter, if required by the clerk (Sec. 1053.052, Estates Code)
2023	2023	. . . probable cost of the guardianship proceeding;
2024	2024	(4) [(5)] nonrefundable fee to cover the cost of
2025	2025	administering Subchapter G, Chapter 1104, Estates Code (Sec.
2026	2026	1104.303, Estates Code) . . . $40; and
2027	2027	(5) [(6)] costs for attorney ad litem appointed to
2028	2028	pursue the restoration of a ward's capacity or modification of the
2029	2029	ward's guardianship (Sec. 1202.102, Estates Code) . . . reasonable
2030	2030	compensation.
2031	2031	SECTION 8.108. (a) Section 101.1011, Government Code, is
2032	2032	amended to conform to Chapters 654 (H.B. 2182) and 1182 (S.B. 1139),
2033	2033	Acts of the 84th Legislature, Regular Session, 2015, and is further
2034	2034	amended to read as follows:
2035	2035	Sec. 101.1011. STATUTORY PROBATE COURT FEES AND COSTS:
2036	2036	GOVERNMENT CODE. The clerk of a statutory probate court shall
2037	2037	collect fees and costs under the Government Code as follows:
2038	2038	(1) appellate judicial system filing fees:
2039	2039	(A) First or Fourteenth Court of Appeals District
2040	2040	(Sec. 22.2021, Government Code) . . . not more than $5;
2041	2041	(B) Second Court of Appeals District (Sec.
2042	2042	22.2031, Government Code) . . . $5;
2043	2043	(C) Third Court of Appeals District (Sec.
2044	2044	22.2041, Government Code) . . . $5;
2045	2045	(D) Fourth Court of Appeals District (Sec.
2046	2046	22.2051, Government Code) . . . not more than $5;
2047	2047	(E) Fifth Court of Appeals District (Sec.
2048	2048	22.2061, Government Code) . . . not more than $5;
2049	2049	(E-1) Sixth Court of Appeals District (Sec.
2050	2050	22.2071, Government Code) . . . $5;
2051	2051	(E-2) Seventh Court of Appeals District (Sec.
2052	2052	22.2081, Government Code) . . . $5;
2053	2053	(E-3) Eighth Court of Appeals District (Sec.
2054	2054	22.2091, Government Code) . . . $5;
2055	2055	(F) Ninth Court of Appeals District (Sec.
2056	2056	22.2101, Government Code) . . . $5;
2057	2057	(G) Eleventh Court of Appeals District (Sec.
2058	2058	22.2121, Government Code) . . . $5;
2059	2059	(G-1) Twelfth Court of Appeals District (Sec.
2060	2060	22.2131, Government Code) . . . $5; and
2061	2061	(H) Thirteenth Court of Appeals District (Sec.
2062	2062	22.2141, Government Code) . . . not more than $5;
2063	2063	(2) additional filing fees as follows:
2064	2064	(A) for certain cases to be used for
2065	2065	court-related purposes for support of the judiciary (Sec. 51.704,
2066	2066	Government Code) . . . $40;
2067	2067	(B) to fund the improvement of Dallas County
2068	2068	civil court facilities, if authorized by the county commissioners
2069	2069	court (Sec. 51.705, Government Code) . . . not more than $15;
2070	2070	(B-1) to fund the improvement of Bexar County
2071	2071	court facilities, if authorized by the county commissioners court
2072	2072	(Sec. 51.706, Government Code) . . . not more than $15;
2073	2073	(C) to fund the improvement of Hays County court
2074	2074	facilities, if authorized by the county commissioners court (Sec.
2075	2075	51.707, Government Code) . . . not more than $15;
2076	2076	(D) to fund the construction, renovation, or
2077	2077	improvement of Rockwall County court facilities, if authorized by
2078	2078	the county commissioners court (Sec. 51.709, Government Code) . . .
2079	2079	not more than $15; [and]
2080	2080	(E) to fund the construction, renovation, or
2081	2081	improvement of Travis County court facilities, if authorized by the
2082	2082	county commissioners court (Sec. 51.710, Government Code) . . . not
2083	2083	more than $15; and
2084	2084	(F) to fund the construction, renovation, or
2085	2085	improvement of Hidalgo County court facilities, if authorized by
2086	2086	the county commissioners court (Sec. 51.711, Government Code) . . .
2087	2087	not more than $20;
2088	2088	(3) jury fee for civil case (Sec. 51.604, Government
2089	2089	Code) . . . $40 [$22];
2090	2090	(4) the expense of preserving the record as a court
2091	2091	cost, if imposed on a party by the referring court or associate
2092	2092	judge (Sec. 54A.211, Government Code) . . . actual cost;
2093	2093	(5) a fee not otherwise listed in this subchapter that
2094	2094	is required to be collected under Section 25.0029, Government Code
2095	2095	(Sec. 25.0029, Government Code) . . . as prescribed by law relating
2096	2096	to county judges' fees; and
2097	2097	(6) statewide electronic filing system fund fee (Sec.
2098	2098	51.851, Government Code) . . . $30 [$20].
2099	2099	(b) Section 101.10119, Government Code, is repealed.
2100	2100	SECTION 8.109. Section 101.1013, Government Code, is
2101	2101	amended to conform to Chapter 654 (H.B. 2182), Acts of the 84th
2102	2102	Legislature, Regular Session, 2015, to read as follows:
2103	2103	Sec. 101.1013. STATUTORY PROBATE COURT FEES AND COSTS:
2104	2104	LOCAL GOVERNMENT CODE. The clerk of a statutory probate court shall
2105	2105	collect fees and costs under the Local Government Code as follows:
2106	2106	(1) additional filing fee for filing any civil action
2107	2107	or proceeding requiring a filing fee, including an appeal, and on
2108	2108	the filing of any counterclaim, cross-action, intervention,
2109	2109	interpleader, or third-party action requiring a filing fee to fund
2110	2110	civil legal services for the indigent (Sec. 133.153, Local
2111	2111	Government Code) . . . $10;
2112	2112	(2) additional filing fee to fund contingency fund for
2113	2113	liability insurance, if authorized by the county commissioners
2114	2114	court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
2115	2115	(3) probate court actions (Sec. 118.052, Local
2116	2116	Government Code):
2117	2117	(A) probate original action (Secs. 118.052 and
2118	2118	118.055, Local Government Code):
2119	2119	(i) probate of a will with independent
2120	2120	executor, administration with will attached, administration of an
2121	2121	estate, guardianship or receivership of an estate, or muniment of
2122	2122	title (Sec. 118.052, Local Government Code) . . . $40;
2123	2123	(ii) community survivors (Sec. 118.052,
2124	2124	Local Government Code) . . . $40;
2125	2125	(iii) small estates (Sec. 118.052, Local
2126	2126	Government Code) . . . $40;
2127	2127	(iv) declarations of heirship (Sec.
2128	2128	118.052, Local Government Code) . . . $40;
2129	2129	(v) mental health or chemical dependency
2130	2130	services (Sec. 118.052, Local Government Code) . . . $40; and
2131	2131	(vi) additional, special fee (Secs. 118.052
2132	2132	and 118.064, Local Government Code) . . . $5;
2133	2133	(B) services in pending probate action (Secs.
2134	2134	118.052 and 118.056, Local Government Code):
2135	2135	(i) filing an inventory and appraisement
2136	2136	(Secs. 118.052 and 118.056(d), Local Government Code) . . . $25;
2137	2137	(ii) approving and recording bond (Sec.
2138	2138	118.052, Local Government Code) . . . $3;
2139	2139	(iii) administering oath (Sec. 118.052,
2140	2140	Local Government Code) . . . $2;
2141	2141	(iv) filing annual or final account of
2142	2142	estate (Sec. 118.052, Local Government Code). . . $25;
2143	2143	(v) filing application for sale of real or
2144	2144	personal property (Sec. 118.052, Local Government Code) . . . $25;
2145	2145	(vi) filing annual or final report of
2146	2146	guardian of a person (Sec. 118.052, Local Government Code) . . .
2147	2147	$10; and
2148	2148	(vii) filing a document not listed under
2149	2149	this paragraph after the filing of an order approving the inventory
2150	2150	and appraisement or after the 120th day after the date of the
2151	2151	initial filing of the action, whichever occurs first (Secs. 118.052
2152	2152	and 191.007, Local Government Code), if more than 25 pages . . .
2153	2153	$25;
2154	2154	(C) adverse probate action (Secs. 118.052 and
2155	2155	118.057, Local Government Code) . . . $40;
2156	2156	(D) claim against estate (Secs. 118.052 and
2157	2157	118.058, Local Government Code) . . . $10 [$2];
2158	2158	(E) supplemental court-initiated guardianship
2159	2159	fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20;
2160	2160	and
2161	2161	(F) supplemental public probate administrator
2162	2162	fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10;
2163	2163	(4) other fees (Sec. 118.052, Local Government Code):
2164	2164	(A) issuing document (Secs. 118.052 and 118.059,
2165	2165	Local Government Code):
2166	2166	(i) original document and one copy (Sec.
2167	2167	118.052, Local Government Code) . . . $4; and
2168	2168	(ii) each additional set of an original and
2169	2169	one copy (Sec. 118.052, Local Government Code) . . . $4;
2170	2170	(B) certified papers (Secs. 118.052 and 118.060,
2171	2171	Local Government Code):
2172	2172	(i) for the clerk's certificate (Sec.
2173	2173	118.052, Local Government Code) . . . $5; and
2174	2174	(ii) a fee per page or part of a page (Sec.
2175	2175	118.052, Local Government Code) . . . $1;
2176	2176	(C) noncertified papers, for each page or part of
2177	2177	a page (Secs. 118.052 and 118.0605, Local Government Code) . . .
2178	2178	$1;
2179	2179	(D) letters testamentary, letter of
2180	2180	guardianship, letter of administration, or abstract of judgment
2181	2181	(Secs. 118.052 and 118.061, Local Government Code) . . . $2;
2182	2182	(E) safekeeping of wills (Secs. 118.052 and
2183	2183	118.062, Local Government Code) . . . $5;
2184	2184	(F) mail service of process (Secs. 118.052 and
2185	2185	118.063, Local Government Code) . . . same as sheriff; and
2186	2186	(G) records management and preservation fee
2187	2187	(Secs. 118.052 and 118.0645, Local Government Code) . . . $5; and
2188	2188	(5) court cost in civil cases other than suits for
2189	2189	delinquent taxes to fund the county law library fund, if authorized
2190	2190	by the county commissioners court (Sec. 323.023, Local Government
2191	2191	Code) . . . not to exceed $35.
2192	2192	SECTION 8.110. Section 101.1014, Government Code, is
2193	2193	amended to conform to Chapter 1031 (H.B. 1438), Acts of the 84th
2194	2194	Legislature, Regular Session, 2015, to read as follows:
2195	2195	Sec. 101.1014. STATUTORY PROBATE COURT FEES AND COSTS:
2196	2196	ESTATES CODE. The clerk of a statutory probate court shall collect
2197	2197	fees and costs under the Estates Code as follows:
2198	2198	(1) fee for deposit of a will with the county clerk
2199	2199	during testator's lifetime (Sec. 252.001, Estates Code) . . . $5;
2200	2200	(2) security deposit on filing, by any person other
2201	2201	than the personal representative of an estate, an application,
2202	2202	complaint, or opposition in relation to the estate, if required by
2203	2203	the clerk (Sec. 53.052, Estates Code) . . . probable cost of the
2204	2204	proceeding;
2205	2205	(3) [fee on filing an application, complaint,
2206	2206	petition, or other paper in a guardianship proceeding, which
2207	2207	includes a deposit for payment to an attorney ad litem (Sec.
2208	2208	1052.051, Estates Code) . . . cost of filing and payment of
2209	2209	attorney ad litem;
2210	2210	[(4)] security deposit on filing, by any person other
2211	2211	than the guardian, attorney ad litem, or guardian ad litem, an
2212	2212	application, complaint, or opposition in relation to a guardianship
2213	2213	matter, if required by the clerk (Sec. 1053.052, Estates Code)
2214	2214	. . . probable cost of the guardianship proceeding;
2215	2215	(4) [(5)] nonrefundable fee to cover the cost of
2216	2216	administering Subchapter G, Chapter 1104, Estates Code (Sec.
2217	2217	1104.303, Estates Code) . . . $40; and
2218	2218	(5) [(6)] costs for attorney ad litem appointed to
2219	2219	pursue the restoration of a ward's capacity or modification of the
2220	2220	ward's guardianship (Sec. 1202.102, Estates Code) . . . reasonable
2221	2221	compensation.
2222	2222	SECTION 8.111. Section 101.121, Government Code, is amended
2223	2223	to conform to Chapter 763 (S.B. 1035), Acts of the 83rd Legislature,
2224	2224	Regular Session, 2013, to read as follows:
2225	2225	Sec. 101.121. COUNTY COURT FEES AND COSTS: ALCOHOLIC
2226	2226	BEVERAGE CODE. The clerk of a county court shall collect a fee of
2227	2227	$25 [$5] under Section 61.31, Alcoholic Beverage Code, for hearing
2228	2228	on application for a license to manufacture, distribute, store, or
2229	2229	sell beer.
2230	2230	SECTION 8.112. Section 101.1212, Government Code, is
2231	2231	amended to conform to Chapters 654 (H.B. 2182) and 1182 (S.B. 1139),
2232	2232	Acts of the 84th Legislature, Regular Session, 2015, to read as
2233	2233	follows:
2234	2234	Sec. 101.1212. COUNTY COURT FEES AND COSTS: GOVERNMENT
2235	2235	CODE. The clerk of a county court shall collect the following fees
2236	2236	and costs under the Government Code:
2237	2237	(1) appellate judicial system filing fees:
2238	2238	(A) First or Fourteenth Court of Appeals District
2239	2239	(Sec. 22.2021, Government Code) . . . not more than $5;
2240	2240	(B) Second Court of Appeals District (Sec.
2241	2241	22.2031, Government Code) . . . $5;
2242	2242	(C) Third Court of Appeals District (Sec.
2243	2243	22.2041, Government Code) . . . $5;
2244	2244	(D) Fourth Court of Appeals District (Sec.
2245	2245	22.2051, Government Code) . . . not more than $5;
2246	2246	(E) Fifth Court of Appeals District (Sec.
2247	2247	22.2061, Government Code) . . . not more than $5;
2248	2248	(E-1) Sixth Court of Appeals District (Sec.
2249	2249	22.2071, Government Code) . . . $5;
2250	2250	(E-2) Seventh Court of Appeals District (Sec.
2251	2251	22.2081, Government Code) . . . $5;
2252	2252	(E-3) Eighth Court of Appeals District (Sec.
2253	2253	22.2091, Government Code) . . . $5;
2254	2254	(F) Ninth Court of Appeals District (Sec.
2255	2255	22.2101, Government Code) . . . $5;
2256	2256	(G) Eleventh Court of Appeals District (Sec.
2257	2257	22.2121, Government Code) . . . $5;
2258	2258	(G-1) Twelfth Court of Appeals District (Sec.
2259	2259	22.2131, Government Code) . . . $5; and
2260	2260	(H) Thirteenth Court of Appeals District (Sec.
2261	2261	22.2141, Government Code) . . . not more than $5;
2262	2262	(2) a jury fee (Sec. 51.604, Government Code) . . .
2263	2263	$40 [$22];
2264	2264	(3) a filing fee in each civil case filed to be used
2265	2265	for court-related purposes for the support of the judiciary (Sec.
2266	2266	51.703, Government Code) . . . $40;
2267	2267	(4) a filing fee to fund the preservation of court
2268	2268	records (Sec. 51.708, Government Code) . . . not more than $10; and
2269	2269	(5) a statewide electronic filing system fund fee
2270	2270	(Sec. 51.851, Government Code) . . . $30 [$20].
2271	2271	SECTION 8.113. Section 101.1214, Government Code, is
2272	2272	amended to conform to Chapter 654 (H.B. 2182), Acts of the 84th
2273	2273	Legislature, Regular Session, 2015, to read as follows:
2274	2274	Sec. 101.1214. COUNTY COURT FEES AND COSTS: LOCAL
2275	2275	GOVERNMENT CODE. The clerk of a county court shall collect the
2276	2276	following fees and costs under the Local Government Code:
2277	2277	(1) additional filing fee to fund contingency fund for
2278	2278	liability insurance, if authorized by the county commissioners
2279	2279	court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
2280	2280	(2) civil court actions (Sec. 118.052, Local
2281	2281	Government Code):
2282	2282	(A) filing of original action (Secs. 118.052 and
2283	2283	118.053, Local Government Code):
2284	2284	(i) garnishment after judgment (Sec.
2285	2285	118.052, Local Government Code) . . . $15; and
2286	2286	(ii) all others (Sec. 118.052, Local
2287	2287	Government Code) . . . $40;
2288	2288	(B) filing of action other than original (Secs.
2289	2289	118.052 and 118.054, Local Government Code) . . . $30; and
2290	2290	(C) services rendered after judgment in original
2291	2291	action (Secs. 118.052 and 118.0545, Local Government Code):
2292	2292	(i) abstract of judgment (Sec. 118.052,
2293	2293	Local Government Code) . . . $5; and
2294	2294	(ii) execution, order of sale, writ, or
2295	2295	other process (Sec. 118.052, Local Government Code) . . . $5;
2296	2296	(3) probate court actions (Sec. 118.052, Local
2297	2297	Government Code):
2298	2298	(A) probate original action (Secs. 118.052 and
2299	2299	118.055, Local Government Code):
2300	2300	(i) probate of a will with independent
2301	2301	executor, administration with will attached, administration of an
2302	2302	estate, guardianship or receivership of an estate, or muniment of
2303	2303	title (Sec. 118.052, Local Government Code) . . . $40;
2304	2304	(ii) community survivors (Sec. 118.052,
2305	2305	Local Government Code) . . . $40;
2306	2306	(iii) small estates (Sec. 118.052, Local
2307	2307	Government Code) . . . $40;
2308	2308	(iv) declarations of heirship (Sec.
2309	2309	118.052, Local Government Code) . . . $40;
2310	2310	(v) mental health or chemical dependency
2311	2311	services (Sec. 118.052, Local Government Code) . . . $40; and
2312	2312	(vi) additional, special fee (Secs. 118.052
2313	2313	and 118.064, Local Government Code) . . . $5;
2314	2314	(B) services in pending probate action (Secs.
2315	2315	118.052 and 118.056, Local Government Code):
2316	2316	(i) filing an inventory and appraisement
2317	2317	(Secs. 118.052 and 118.056(d), Local Government Code) . . . $25;
2318	2318	(ii) approving and recording bond (Sec.
2319	2319	118.052, Local Government Code) . . . $3;
2320	2320	(iii) administering oath (Sec. 118.052,
2321	2321	Local Government Code) . . . $2;
2322	2322	(iv) filing annual or final account of
2323	2323	estate (Sec. 118.052, Local Government Code) . . . $25;
2324	2324	(v) filing application for sale of real or
2325	2325	personal property (Sec. 118.052, Local Government Code) . . . $25;
2326	2326	(vi) filing annual or final report of
2327	2327	guardian of a person (Sec. 118.052, Local Government Code) . . .
2328	2328	$10; and
2329	2329	(vii) filing a document not listed under
2330	2330	this paragraph after the filing of an order approving the inventory
2331	2331	and appraisement or after the 120th day after the date of the
2332	2332	initial filing of the action, whichever occurs first (Secs. 118.052
2333	2333	and 191.007, Local Government Code), if more than 25 pages . . .
2334	2334	$25;
2335	2335	(C) adverse probate action (Secs. 118.052 and
2336	2336	118.057, Local Government Code) . . . $40;
2337	2337	(D) claim against estate (Secs. 118.052 and
2338	2338	118.058, Local Government Code) . . . $10 [$2];
2339	2339	(E) supplemental court-initiated guardianship
2340	2340	fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20;
2341	2341	and
2342	2342	(F) supplemental public probate administrator
2343	2343	fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10;
2344	2344	(4) other fees (Sec. 118.052, Local Government Code):
2345	2345	(A) issuing document (Secs. 118.052 and 118.059,
2346	2346	Local Government Code):
2347	2347	(i) original document and one copy (Sec.
2348	2348	118.052, Local Government Code) . . . $4; and
2349	2349	(ii) each additional set of an original and
2350	2350	one copy (Sec. 118.052, Local Government Code) . . . $4;
2351	2351	(B) certified papers (Secs. 118.052 and 118.060,
2352	2352	Local Government Code):
2353	2353	(i) for the clerk's certificate (Sec.
2354	2354	118.052, Local Government Code) . . . $5; and
2355	2355	(ii) a fee per page or part of a page (Sec.
2356	2356	118.052, Local Government Code) . . . $1;
2357	2357	(C) noncertified papers, for each page or part of
2358	2358	a page (Secs. 118.052 and 118.0605, Local Government Code) . . .
2359	2359	$1;
2360	2360	(D) letters testamentary, letter of
2361	2361	guardianship, letter of administration, or abstract of judgment
2362	2362	(Secs. 118.052 and 118.061, Local Government Code) . . . $2;
2363	2363	(E) safekeeping of wills (Secs. 118.052 and
2364	2364	118.062, Local Government Code) . . . $5;
2365	2365	(F) mail service of process (Secs. 118.052 and
2366	2366	118.063, Local Government Code) . . . same as sheriff; and
2367	2367	(G) records management and preservation fee
2368	2368	(Secs. 118.052, 118.0546, and 118.0645, Local Government Code)
2369	2369	. . . $5;
2370	2370	(5) deposit on filing petition requesting permission
2371	2371	to create a municipal civic center authority (Sec. 281.013, Local
2372	2372	Government Code) . . . $200;
2373	2373	(6) additional filing fee to fund the courthouse
2374	2374	security fund, if authorized by the county commissioners court
2375	2375	(Sec. 291.008, Local Government Code) . . . not to exceed $5;
2376	2376	(7) additional filing fee for filing documents not
2377	2377	subject to certain filing fees to fund the courthouse security
2378	2378	fund, if authorized by the county commissioners court (Sec.
2379	2379	291.008, Local Government Code) . . . $1;
2380	2380	(8) additional filing fee to fund the courthouse
2381	2381	security fund in Webb County, if authorized by the county
2382	2382	commissioners court (Sec. 291.009, Local Government Code) . . . not
2383	2383	to exceed $20;
2384	2384	(9) court cost in civil cases other than suits for
2385	2385	delinquent taxes to fund the county law library fund, if authorized
2386	2386	by the county commissioners court (Sec. 323.023, Local Government
2387	2387	Code) . . . not to exceed $35;
2388	2388	(10) additional filing fee for filing any civil action
2389	2389	or proceeding requiring a filing fee, including an appeal, and on
2390	2390	the filing of any counterclaim, cross-action, intervention,
2391	2391	interpleader, or third-party action requiring a filing fee, to fund
2392	2392	civil legal services for the indigent (Sec. 133.153, Local
2393	2393	Government Code) . . . $10; and
2394	2394	(11) on the filing of a civil suit an additional filing
2395	2395	fee to be used for court-related purposes for the support of the
2396	2396	judiciary (Sec. 133.154, Local Government Code) . . . $42.
2397	2397	SECTION 8.114. Section 101.1215, Government Code, is
2398	2398	amended to conform to Chapter 1031 (H.B. 1438), Acts of the 84th
2399	2399	Legislature, Regular Session, 2015, to read as follows:
2400	2400	Sec. 101.1215. COUNTY COURT FEES AND COSTS: ESTATES CODE.
2401	2401	The clerk of a county court shall collect the following fees and
2402	2402	costs under the Estates Code:
2403	2403	(1) fee for deposit of a will with the county clerk
2404	2404	during testator's lifetime (Sec. 252.001, Estates Code) . . . $5;
2405	2405	(2) security deposit on filing, by any person other
2406	2406	than the personal representative of an estate, an application,
2407	2407	complaint, or opposition in relation to the estate, if required by
2408	2408	the clerk (Sec. 53.052, Estates Code) . . . probable cost of the
2409	2409	proceeding;
2410	2410	(3) [fee on filing an application, complaint,
2411	2411	petition, or other paper in a guardianship proceeding, which
2412	2412	includes a deposit for payment to an attorney ad litem (Sec.
2413	2413	1052.051, Estates Code) . . . cost of filing and payment of
2414	2414	attorney ad litem;
2415	2415	[(4)] security deposit on filing, by any person other
2416	2416	than the guardian, attorney ad litem, or guardian ad litem, an
2417	2417	application, complaint, or opposition in relation to a guardianship
2418	2418	matter, if required by the clerk (Sec. 1053.052, Estates Code)
2419	2419	. . . probable cost of the guardianship proceeding;
2420	2420	(4) [(5)] nonrefundable fee to cover the cost of
2421	2421	administering Subchapter G, Chapter 1104, Estates Code (Sec.
2422	2422	1104.303, Estates Code) . . . $40; and
2423	2423	(5) [(6)] costs for attorney ad litem appointed to
2424	2424	pursue the restoration of a ward's capacity or modification of the
2425	2425	ward's guardianship (Sec. 1202.102, Estates Code) . . . reasonable
2426	2426	compensation.
2427	2427	SECTION 8.115. Section 102.041, Government Code, is amended
2428	2428	to conform to Chapter 654 (H.B. 2182), Acts of the 84th Legislature,
2429	2429	Regular Session, 2015, to read as follows:
2430	2430	Sec. 102.041. ADDITIONAL COURT COSTS ON CONVICTION IN
2431	2431	DISTRICT COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a district
2432	2432	court shall collect fees and costs under the Code of Criminal
2433	2433	Procedure on conviction of a defendant as follows:
2434	2434	(1) a jury fee (Art. 102.004, Code of Criminal
2435	2435	Procedure) . . . $40 [$20];
2436	2436	(2) a fee for clerk of the court services (Art.
2437	2437	102.005, Code of Criminal Procedure) . . . $40;
2438	2438	(3) a records management and preservation services fee
2439	2439	(Art. 102.005, Code of Criminal Procedure) . . . $25;
2440	2440	(4) a county and district court technology fee (Art.
2441	2441	102.0169, Code of Criminal Procedure) . . . $4;
2442	2442	(5) a security fee on a felony offense (Art. 102.017,
2443	2443	Code of Criminal Procedure) . . . $5;
2444	2444	(6) a security fee on a misdemeanor offense (Art.
2445	2445	102.017, Code of Criminal Procedure) . . . $3; and
2446	2446	(7) a juvenile delinquency prevention and graffiti
2447	2447	eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
2448	2448	$50.
2449	2449	SECTION 8.116. Section 102.061, Government Code, is amended
2450	2450	to conform to Chapter 654 (H.B. 2182), Acts of the 84th Legislature,
2451	2451	Regular Session, 2015, to read as follows:
2452	2452	Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN
2453	2453	STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
2454	2454	statutory county court shall collect fees and costs under the Code
2455	2455	of Criminal Procedure on conviction of a defendant as follows:
2456	2456	(1) a jury fee (Art. 102.004, Code of Criminal
2457	2457	Procedure) . . . $40 [$20];
2458	2458	(2) a fee for services of the clerk of the court (Art.
2459	2459	102.005, Code of Criminal Procedure) . . . $40;
2460	2460	(3) a records management and preservation services fee
2461	2461	(Art. 102.005, Code of Criminal Procedure) . . . $25;
2462	2462	(4) a county and district court technology fee (Art.
2463	2463	102.0169, Code of Criminal Procedure) . . . $4;
2464	2464	(5) a security fee on a misdemeanor offense (Art.
2465	2465	102.017, Code of Criminal Procedure) . . . $3;
2466	2466	(6) a juvenile delinquency prevention and graffiti
2467	2467	eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
2468	2468	$50;
2469	2469	(7) a juvenile case manager fee (Art. 102.0174, Code
2470	2470	of Criminal Procedure) . . . not to exceed $5 if the court employs a
2471	2471	juvenile case manager; and
2472	2472	(8) a civil justice fee (Art. 102.022, Code of
2473	2473	Criminal Procedure) . . . $0.10.
2474	2474	SECTION 8.117. Section 102.081, Government Code, is amended
2475	2475	to conform to Chapter 654 (H.B. 2182), Acts of the 84th Legislature,
2476	2476	Regular Session, 2015, to read as follows:
2477	2477	Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN
2478	2478	COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county
2479	2479	court shall collect fees and costs under the Code of Criminal
2480	2480	Procedure on conviction of a defendant as follows:
2481	2481	(1) a jury fee (Art. 102.004, Code of Criminal
2482	2482	Procedure) . . . $40 [$20];
2483	2483	(2) a fee for clerk of the court services (Art.
2484	2484	102.005, Code of Criminal Procedure) . . . $40;
2485	2485	(3) a records management and preservation services fee
2486	2486	(Art. 102.005, Code of Criminal Procedure) . . . $25;
2487	2487	(4) a county and district court technology fee (Art.
2488	2488	102.0169, Code of Criminal Procedure) . . . $4;
2489	2489	(5) a security fee on a misdemeanor offense (Art.
2490	2490	102.017, Code of Criminal Procedure) . . . $3;
2491	2491	(6) a juvenile delinquency prevention and graffiti
2492	2492	eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
2493	2493	$50;
2494	2494	(7) a juvenile case manager fee (Art. 102.0174, Code
2495	2495	of Criminal Procedure) . . . not to exceed $5 if the court employs a
2496	2496	juvenile case manager; and
2497	2497	(8) a civil justice fee (Art. 102.022, Code of
2498	2498	Criminal Procedure) . . . $0.10.
2499	2499	SECTION 8.118. Section 103.021, Government Code, is amended
2500	2500	to read as follows:
2501	2501	Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
2502	2502	CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant,
2503	2503	or a party to a civil suit, as applicable, shall pay the following
2504	2504	fees and costs under the Code of Criminal Procedure if ordered by
2505	2505	the court or otherwise required:
2506	2506	(1) a personal bond fee (Art. 17.42, Code of Criminal
2507	2507	Procedure) . . . the greater of $20 or three percent of the amount
2508	2508	of the bail fixed for the accused;
2509	2509	(2) cost of electronic monitoring as a condition of
2510	2510	release on personal bond (Art. 17.43, Code of Criminal Procedure)
2511	2511	. . . actual cost;
2512	2512	(3) a fee for verification of and monitoring of motor
2513	2513	vehicle ignition interlock (Art. 17.441, Code of Criminal
2514	2514	Procedure) . . . not to exceed $10;
2515	2515	(3-a) costs associated with operating a global
2516	2516	positioning monitoring system as a condition of release on bond
2517	2517	(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
2518	2518	subject to a determination of indigency;
2519	2519	(3-b) costs associated with providing a defendant's
2520	2520	victim with an electronic receptor device as a condition of the
2521	2521	defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
2522	2522	Procedure) . . . actual costs, subject to a determination of
2523	2523	indigency;
2524	2524	(4) repayment of reward paid by a crime stoppers
2525	2525	organization on conviction of a felony (Art. 37.073, Code of
2526	2526	Criminal Procedure) . . . amount ordered;
2527	2527	(5) reimbursement to general revenue fund for payments
2528	2528	made to victim of an offense as condition of community supervision
2529	2529	(Art. 42A.301(17) [Chapter 42A], Code of Criminal Procedure) . . .
2530	2530	not to exceed $50 for a misdemeanor offense or $100 for a felony
2531	2531	offense;
2532	2532	(6) payment to a crime stoppers organization as
2533	2533	condition of community supervision (Art. 42A.301(20) [Chapter
2534	2534	42A], Code of Criminal Procedure) . . . not to exceed $50;
2535	2535	(7) children's advocacy center fee (Art. 42A.455
2536	2536	[Chapter 42A], Code of Criminal Procedure) . . . not to exceed $50;
2537	2537	(8) family violence center fee (Art. 42A.504(b)
2538	2538	[Chapter 42A], Code of Criminal Procedure) . . . $100;
2539	2539	(9) community supervision fee (Art. 42A.652(a)
2540	2540	[Chapter 42A], Code of Criminal Procedure) . . . not less than $25
2541	2541	or more than $60 per month;
2542	2542	(10) additional community supervision fee for certain
2543	2543	offenses (Art. 42A.653(a) [Chapter 42A], Code of Criminal
2544	2544	Procedure) . . . $5 per month;
2545	2545	(11) for certain financially able sex offenders as a
2546	2546	condition of community supervision, the costs of treatment,
2547	2547	specialized supervision, or rehabilitation (Art. 42A.452 [Chapter
2548	2548	42A], Code of Criminal Procedure) . . . all or part of the
2549	2549	reasonable and necessary costs of the treatment, supervision, or
2550	2550	rehabilitation as determined by the judge;
2551	2551	(12) fee for failure to appear for trial in a justice
2552	2552	or municipal court if a jury trial is not waived (Art. 45.026, Code
2553	2553	of Criminal Procedure) . . . costs incurred for impaneling the
2554	2554	jury;
2555	2555	(13) costs of certain testing, assessments, or
2556	2556	programs during a deferral period (Art. 45.051, Code of Criminal
2557	2557	Procedure) . . . amount ordered;
2558	2558	(14) special expense on dismissal of certain
2559	2559	misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
2560	2560	. . . not to exceed amount of fine assessed;
2561	2561	(15) an additional fee:
2562	2562	(A) for a copy of the defendant's driving record
2563	2563	to be requested from the Department of Public Safety by the judge
2564	2564	(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
2565	2565	to the sum of the fee established by Section 521.048,
2566	2566	Transportation Code, and the state electronic Internet portal fee;
2567	2567	(B) as an administrative fee for requesting a
2568	2568	driving safety course or a course under the motorcycle operator
2569	2569	training and safety program for certain traffic offenses to cover
2570	2570	the cost of administering the article (Art. 45.0511(f)(1), Code of
2571	2571	Criminal Procedure) . . . not to exceed $10; or
2572	2572	(C) for requesting a driving safety course or a
2573	2573	course under the motorcycle operator training and safety program
2574	2574	before the final disposition of the case (Art. 45.0511(f)(2), Code
2575	2575	of Criminal Procedure) . . . not to exceed the maximum amount of the
2576	2576	fine for the offense committed by the defendant;
2577	2577	(16) a request fee for teen court program (Art.
2578	2578	45.052, Code of Criminal Procedure) . . . $20, if the court
2579	2579	ordering the fee is located in the Texas-Louisiana border region,
2580	2580	but otherwise not to exceed $10;
2581	2581	(17) a fee to cover costs of required duties of teen
2582	2582	court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
2583	2583	court ordering the fee is located in the Texas-Louisiana border
2584	2584	region, but otherwise $10;
2585	2585	(18) a mileage fee for officer performing certain
2586	2586	services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
2587	2587	mile;
2588	2588	(19) certified mailing of notice of hearing date (Art.
2589	2589	102.006, Code of Criminal Procedure) . . . $1, plus postage;
2590	2590	(20) certified mailing of certified copies of an order
2591	2591	of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
2592	2592	plus postage;
2593	2593	(20-a) a fee to defray the cost of notifying state
2594	2594	agencies of orders of expungement (Art. 45.0216, Code of Criminal
2595	2595	Procedure) . . . $30 per application;
2596	2596	(21) sight orders:
2597	2597	(A) if the face amount of the check or sight order
2598	2598	does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
2599	2599	. . . not to exceed $10;
2600	2600	(B) if the face amount of the check or sight order
2601	2601	is greater than $10 but does not exceed $100 (Art. 102.007, Code of
2602	2602	Criminal Procedure) . . . not to exceed $15;
2603	2603	(C) if the face amount of the check or sight order
2604	2604	is greater than $100 but does not exceed $300 (Art. 102.007, Code of
2605	2605	Criminal Procedure) . . . not to exceed $30;
2606	2606	(D) if the face amount of the check or sight order
2607	2607	is greater than $300 but does not exceed $500 (Art. 102.007, Code of
2608	2608	Criminal Procedure) . . . not to exceed $50; and
2609	2609	(E) if the face amount of the check or sight order
2610	2610	is greater than $500 (Art. 102.007, Code of Criminal Procedure)
2611	2611	. . . not to exceed $75;
2612	2612	(22) fees for a pretrial intervention program:
2613	2613	(A) a supervision fee (Art. 102.012(a), Code of
2614	2614	Criminal Procedure) . . . $60 a month plus expenses; and
2615	2615	(B) a district attorney, criminal district
2616	2616	attorney, or county attorney administrative fee (Art. 102.0121,
2617	2617	Code of Criminal Procedure) . . . not to exceed $500;
2618	2618	(23) parking fee violations for child safety fund in
2619	2619	municipalities with populations:
2620	2620	(A) greater than 850,000 (Art. 102.014, Code of
2621	2621	Criminal Procedure) . . . not less than $2 and not to exceed $5; and
2622	2622	(B) less than 850,000 (Art. 102.014, Code of
2623	2623	Criminal Procedure) . . . not to exceed $5;
2624	2624	(24) an administrative fee for collection of fines,
2625	2625	fees, restitution, or other costs (Art. 102.072, Code of Criminal
2626	2626	Procedure) . . . not to exceed $2 for each transaction;
2627	2627	(25) a collection fee, if authorized by the
2628	2628	commissioners court of a county or the governing body of a
2629	2629	municipality, for certain debts and accounts receivable, including
2630	2630	unpaid fines, fees, court costs, forfeited bonds, and restitution
2631	2631	ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
2632	2632	percent of an amount more than 60 days past due; and
2633	2633	(26) a cost on conviction for the truancy prevention
2634	2634	and diversion fund (Art. 102.015, Code of Criminal Procedure) . . .
2635	2635	$2.
2636	2636	SECTION 8.119. Section 103.0211, Government Code, is
2637	2637	amended to read as follows:
2638	2638	Sec. 103.0211. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
2639	2639	CIVIL CASES: GOVERNMENT CODE. An accused or defendant, or a party
2640	2640	to a civil suit, as applicable, shall pay the following fees and
2641	2641	costs under the Government Code if ordered by the court or otherwise
2642	2642	required:
2643	2643	(1) a court reporter fee when testimony is taken:
2644	2644	(A) in a criminal court in Dallas County (Sec.
2645	2645	25.0593, Government Code) . . . $3;
2646	2646	(B) in a county criminal court of appeals in
2647	2647	Dallas County (Sec. 25.0594, Government Code) . . . $3;
2648	2648	(C) in a county court at law in McLennan County
2649	2649	(Sec. 25.1572, Government Code) . . . $3; and
2650	2650	(D) in a county criminal court in Tarrant County
2651	2651	(Sec. 25.2223, Government Code) . . . $3;
2652	2652	(2) a court reporter service fee if the courts have
2653	2653	official court reporters (Sec. 51.601, Government Code) . . . $15
2654	2654	or, in specified counties, $30;
2655	2655	(3) a speedy trial rights waiver motion filing fee in
2656	2656	El Paso County (Sec. 54.745, Government Code) . . . $100;
2657	2657	(4) the costs of a criminal magistrate if the court
2658	2658	determines that the nonprevailing party is able to defray the
2659	2659	costs:
2660	2660	(A) in Bexar County (Sec. 54.913, Government
2661	2661	Code) . . . magistrate's fees;
2662	2662	(B) in Dallas County (Sec. 54.313, Government
2663	2663	Code) . . . magistrate's fees;
2664	2664	(C) in Lubbock County (Sec. 54.883, Government
2665	2665	Code) . . . magistrate's fees;
2666	2666	(D) in Tarrant County (Sec. 54.663, Government
2667	2667	Code) . . . magistrate's fees; and
2668	2668	(E) in Travis County (Sec. 54.983, Government
2669	2669	Code) . . . magistrate's fees;
2670	2670	(5) an administrative fee for participation in certain
2671	2671	community supervision programs (Sec. 76.015, Government Code)
2672	2672	. . . not less than $25 and not more than $60 per month; and
2673	2673	(6) fee paid on filing a petition for an order of
2674	2674	nondisclosure of criminal history record information in certain
2675	2675	cases (Secs. 411.072 and 411.0745 [Subchapter E-1, Chapter 411],
2676	2676	Government Code) . . . $28.
2677	2677	SECTION 8.120. Section 103.0213, Government Code, is
2678	2678	amended to conform to Chapter 752 (H.B. 1888), Acts of the 84th
2679	2679	Legislature, Regular Session, 2015, to read as follows:
2680	2680	Sec. 103.0213. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
2681	2681	CIVIL CASES: TRANSPORTATION CODE. An accused or defendant, or a
2682	2682	party to a civil suit, as applicable, shall pay the following fees
2683	2683	and costs under the Transportation Code if ordered by the court or
2684	2684	otherwise required:
2685	2685	(1) administrative fee on dismissal of charge of
2686	2686	driving with an expired motor vehicle registration (Sec. 502.407,
2687	2687	Transportation Code) . . . not to exceed $20;
2688	2688	(2) administrative fee on dismissal of charge of
2689	2689	driving with an expired driver's license (Sec. 521.026,
2690	2690	Transportation Code) . . . not to exceed $20;
2691	2691	(2-a) administrative fee on remediation of charge of
2692	2692	operation of a vehicle without a registration insignia (Sec.
2693	2693	502.473, Transportation Code) . . . not to exceed $10;
2694	2694	(3) administrative fee on remediation of charge of
2695	2695	operating a vehicle without complying with inspection requirements
2696	2696	as certified (Sec. 548.605, Transportation Code) . . . not to
2697	2697	exceed $20;
2698	2698	(4) administrative fee for failure to appear for a
2699	2699	complaint or citation on certain offenses (Sec. 706.006,
2700	2700	Transportation Code) . . . $30 for each violation; [and]
2701	2701	(5) administrative fee for failure to pay or satisfy
2702	2702	certain judgments (Sec. 706.006, Transportation Code) . . . $30;
2703	2703	and
2704	2704	(6) administrative fee on dismissal of charge of
2705	2705	driving a commercial motor vehicle without a commercial driver's
2706	2706	license or commercial learner's permit (Sec. 522.011,
2707	2707	Transportation Code) . . . not to exceed $10.
2708	2708	SECTION 8.121. (a) Section 103.026, Government Code, is
2709	2709	amended to read as follows:
2710	2710	Sec. 103.026. MISCELLANEOUS FEES AND COSTS: FAMILY CODE.
2711	2711	Fees and costs shall be paid or collected under the Family Code as
2712	2712	follows:
2713	2713	(1) costs of determining and sending information
2714	2714	concerning the identity of the court with continuing, exclusive
2715	2715	jurisdiction if charged by the bureau of vital statistics (Sec.
2716	2716	108.006, Family Code) . . . reasonable fee;
2717	2717	(2) initial operations fee paid to the domestic
2718	2718	relations office on each filing of an original suit affecting the
2719	2719	parent-child relationship, motion for modification, or motion for
2720	2720	enforcement, if authorized by the administering entity (Sec.
2721	2721	203.005, Family Code) . . . not to exceed $15;
2722	2722	(3) initial child support service fee paid to the
2723	2723	domestic relations office in certain counties on the filing of an
2724	2724	original suit affecting the parent-child relationship, if
2725	2725	authorized by the administering entity (Sec. 203.005, Family Code)
2726	2726	. . . not to exceed $36;
2727	2727	(4) service fee for services of a domestic relations
2728	2728	office, if authorized by the administering entity (Sec. 203.005,
2729	2729	Family Code) . . . not to exceed $3 per month;
2730	2730	(5) fee to reimburse a domestic relations office for a
2731	2731	fee paid for filing an administrative writ of withholding (Secs.
2732	2732	158.503 and 203.005, Family Code) . . . the amount of the fee paid;
2733	2733	(6) fee from a Title IV-D agency for each item of
2734	2734	process to each individual on whom service is required, including
2735	2735	service by certified or registered mail (Sec. 231.202, Family Code)
2736	2736	. . . the amount that a sheriff or constable may charge for serving
2737	2737	process under Section 118.131, Local Government Code; [and]
2738	2738	(7) a fee for mailing an order vacating or staying an
2739	2739	order suspending a license to the appropriate licensing authority
2740	2740	(Sec. 232.013, Family Code) . . . $5 for each order mailed; and
2741	2741	(8) a court cost paid by a party to a truancy case, if
2742	2742	ordered by a truancy court (Sec. 65.107, Family Code) . . . $50.
2743	2743	(b) Section 103.035, Government Code, is repealed.
2744	2744	SECTION 8.122. (a) Section 103.027(a), Government Code,
2745	2745	is amended to conform to Chapter 654 (H.B. 2182), Acts of the 84th
2746	2746	Legislature, Regular Session, 2015, and further amended to read as
2747	2747	follows:
2748	2748	(a) Fees and costs shall be paid or collected under the
2749	2749	Government Code as follows:
2750	2750	(1) filing a certified copy of a judicial finding of
2751	2751	fact and conclusion of law if charged by the secretary of state
2752	2752	(Sec. 51.905, Government Code) . . . $15;
2753	2753	(2) cost paid by each surety posting the bail bond for
2754	2754	an offense other than a misdemeanor punishable by fine only under
2755	2755	Chapter 17, Code of Criminal Procedure, for the assistant
2756	2756	prosecutor supplement fund and the fair defense account (Sec.
2757	2757	41.258, Government Code) . . . $15, provided the cost does not
2758	2758	exceed $30 for all bail bonds posted at that time for an individual
2759	2759	and the cost is not required on the posting of a personal or cash
2760	2760	bond;
2761	2761	(3) to participate in a court proceeding in this
2762	2762	state, a nonresident attorney fee (Sec. 82.0361, Government Code)
2763	2763	. . . $250 except as waived or reduced under supreme court rules for
2764	2764	representing an indigent person;
2765	2765	(4) on a party's appeal of a final decision in a
2766	2766	contested case, the cost of preparing the original or a certified
2767	2767	copy of the record of the agency proceeding, if required by the
2768	2768	agency's rule, as a court cost (Sec. 2001.177, Government Code)
2769	2769	. . . as assessed by the court, all or part of the cost of
2770	2770	preparation;
2771	2771	(5) a program fee for a drug court program (Sec.
2772	2772	123.004, Government Code) . . . not to exceed $1,000;
2773	2773	(6) an alcohol or controlled substance testing,
2774	2774	counseling, and treatment fee (Sec. 123.004, Government Code) . . .
2775	2775	the amount necessary to cover the costs of testing, counseling, and
2776	2776	treatment;
2777	2777	(7) a reasonable program fee for a veterans treatment
2778	2778	court program (Sec. 124.005, Government Code) . . . not to exceed
2779	2779	$1,000;
2780	2780	(8) a testing, counseling, and treatment fee for
2781	2781	testing, counseling, or treatment performed or provided under a
2782	2782	veterans treatment court program (Sec. 124.005, Government Code)
2783	2783	. . . the amount necessary to cover the costs of testing,
2784	2784	counseling, or treatment; [and]
2785	2785	(9) a nonrefundable program fee for a commercially
2786	2786	sexually exploited persons court [prostitution prevention] program
2787	2787	(Sec. 126.006, Government Code) . . . a reasonable amount not to
2788	2788	exceed $1,000, which must include a counseling and services fee in
2789	2789	an amount necessary to cover the costs of counseling and services
2790	2790	provided by the program, a victim services fee in an amount equal to
2791	2791	10 percent of the total fee, and a law enforcement training fee in
2792	2792	an amount equal to five percent of the total fee; and
2793	2793	(10) a district court records archive fee for the
2794	2794	filing of a suit, including an appeal from an inferior court, or a
2795	2795	cross-action, counterclaim, intervention, contempt action, motion
2796	2796	for new trial, or third-party petition, in any court in the county
2797	2797	for which the district clerk accepts filings, if authorized by the
2798	2798	county commissioners court (Sec. 51.305, Government Code) . . . not
2799	2799	more than $10.
2800	2800	(b) Effective September 1, 2019, Section 103.027(a),
2801	2801	Government Code, is amended to conform to Chapter 654 (H.B. 2182),
2802	2802	Acts of the 84th Legislature, Regular Session, 2015, and further
2803	2803	amended to read as follows:
2804	2804	(a) Fees and costs shall be paid or collected under the
2805	2805	Government Code as follows:
2806	2806	(1) filing a certified copy of a judicial finding of
2807	2807	fact and conclusion of law if charged by the secretary of state
2808	2808	(Sec. 51.905, Government Code) . . . $15;
2809	2809	(2) cost paid by each surety posting the bail bond for
2810	2810	an offense other than a misdemeanor punishable by fine only under
2811	2811	Chapter 17, Code of Criminal Procedure, for the assistant
2812	2812	prosecutor supplement fund and the fair defense account (Sec.
2813	2813	41.258, Government Code) . . . $15, provided the cost does not
2814	2814	exceed $30 for all bail bonds posted at that time for an individual
2815	2815	and the cost is not required on the posting of a personal or cash
2816	2816	bond;
2817	2817	(3) to participate in a court proceeding in this
2818	2818	state, a nonresident attorney fee (Sec. 82.0361, Government Code)
2819	2819	. . . $250 except as waived or reduced under supreme court rules for
2820	2820	representing an indigent person;
2821	2821	(4) on a party's appeal of a final decision in a
2822	2822	contested case, the cost of preparing the original or a certified
2823	2823	copy of the record of the agency proceeding, if required by the
2824	2824	agency's rule, as a court cost (Sec. 2001.177, Government Code)
2825	2825	. . . as assessed by the court, all or part of the cost of
2826	2826	preparation;
2827	2827	(5) a program fee for a drug court program (Sec.
2828	2828	123.004, Government Code) . . . not to exceed $1,000;
2829	2829	(6) an alcohol or controlled substance testing,
2830	2830	counseling, and treatment fee (Sec. 123.004, Government Code) . . .
2831	2831	the amount necessary to cover the costs of testing, counseling, and
2832	2832	treatment;
2833	2833	(7) a reasonable program fee for a veterans treatment
2834	2834	court program (Sec. 124.005, Government Code) . . . not to exceed
2835	2835	$1,000;
2836	2836	(8) a testing, counseling, and treatment fee for
2837	2837	testing, counseling, or treatment performed or provided under a
2838	2838	veterans treatment court program (Sec. 124.005, Government Code)
2839	2839	. . . the amount necessary to cover the costs of testing,
2840	2840	counseling, or treatment; [and]
2841	2841	(9) a nonrefundable program fee for a commercially
2842	2842	sexually exploited persons court [prostitution prevention] program
2843	2843	(Sec. 126.006, Government Code) . . . a reasonable amount not to
2844	2844	exceed $1,000, which must include a counseling and services fee in
2845	2845	an amount necessary to cover the costs of counseling and services
2846	2846	provided by the program, a victim services fee in an amount equal to
2847	2847	10 percent of the total fee, and a law enforcement training fee in
2848	2848	an amount equal to five percent of the total fee; and
2849	2849	(10) a district court records archive fee for the
2850	2850	filing of a suit, including an appeal from an inferior court, or a
2851	2851	cross-action, counterclaim, intervention, contempt action, motion
2852	2852	for new trial, or third-party petition, in any court in the county
2853	2853	for which the district clerk accepts filings, if authorized by the
2854	2854	county commissioners court (Sec. 51.305, Government Code) . . . not
2855	2855	more than $5.
2856	2856	(c) The following are repealed:
2857	2857	(1) Section 103.0271, Government Code; and
2858	2858	(2) Section 103.0292, Government Code, as added by
2859	2859	Chapter 1167 (S.B. 484), Acts of the 83rd Legislature, Regular
2860	2860	Session, 2013.
2861	2861	ARTICLE 9. CHANGES RELATING TO HEALTH AND SAFETY CODE
2862	2862	SECTION 9.001. Section 81.046(c), Health and Safety Code,
2863	2863	as amended by Chapters 789 (H.B. 2646) and 1278 (S.B. 1574), Acts of
2864	2864	the 84th Legislature, Regular Session, 2015, is reenacted and
2865	2865	amended to read as follows:
2866	2866	(c) Medical or epidemiological information, including
2867	2867	information linking a person who is exposed to a person with a
2868	2868	communicable disease, may be released:
2869	2869	(1) for statistical purposes if released in a manner
2870	2870	that prevents the identification of any person;
2871	2871	(2) with the consent of each person identified in the
2872	2872	information;
2873	2873	(3) to medical personnel treating the individual,
2874	2874	appropriate state agencies in this state or another state, a health
2875	2875	authority or local health department in this state or another
2876	2876	state, or federal, county, or district courts to comply with this
2877	2877	chapter and related rules relating to the control and treatment of
2878	2878	communicable diseases and health conditions or under another state
2879	2879	or federal law that expressly authorizes the disclosure of this
2880	2880	information;
2881	2881	(4) to appropriate federal agencies, such as the
2882	2882	Centers for Disease Control and Prevention [of the United States
2883	2883	Public Health Service], but the information must be limited to the
2884	2884	name, address, sex, race, and occupation of the patient, the date of
2885	2885	disease onset, the probable source of infection, and other
2886	2886	requested information relating to the case or suspected case of a
2887	2887	communicable disease or health condition;
2888	2888	(5) to medical personnel to the extent necessary in a
2889	2889	medical emergency to protect the health or life of the person
2890	2890	identified in the information; [or]
2891	2891	(6) to a designated infection control officer;
2892	2892	(7) [(6)] to governmental entities that provide first
2893	2893	responders who may respond to a situation involving a potential
2894	2894	communicable disease of concern and need the information to
2895	2895	properly respond to the situation; or
2896	2896	(8) [(7)] to a local health department or health
2897	2897	authority for a designated monitoring period based on the potential
2898	2898	risk for developing symptoms of a communicable disease of concern.
2899	2899	SECTION 9.002. Section 242.403(a), Health and Safety Code,
2900	2900	is amended to conform to changes made by Chapter 838 (S.B. 202),
2901	2901	Acts of the 84th Legislature, Regular Session, 2015, to read as
2902	2902	follows:
2903	2903	(a) The executive commissioner shall adopt standards to
2904	2904	implement Sections 242.401 and 242.402. Those standards must, at a
2905	2905	minimum, address:
2906	2906	(1) admission of residents;
2907	2907	(2) care of residents younger than 18 years of age;
2908	2908	(3) an initial assessment and comprehensive plan of
2909	2909	care for residents;
2910	2910	(4) transfer or discharge of residents;
2911	2911	(5) clinical records;
2912	2912	(6) infection control at the institution;
2913	2913	(7) rehabilitative services;
2914	2914	(8) food services;
2915	2915	(9) nutrition services provided by a director of food
2916	2916	services who is licensed by the Texas Department of Licensing and
2917	2917	Regulation under Chapter 701, Occupations Code, [State Board of
2918	2918	Examiners of Dietitians] or, if not so licensed, who is in scheduled
2919	2919	consultation with a person who is so licensed as frequently and for
2920	2920	such time as the executive commissioner shall determine necessary
2921	2921	to assure each resident a diet that meets the daily nutritional and
2922	2922	special dietary needs of each resident;
2923	2923	(10) social services and activities;
2924	2924	(11) prevention of pressure sores;
2925	2925	(12) bladder and bowel retraining programs for
2926	2926	residents;
2927	2927	(13) prevention of complications from nasogastric or
2928	2928	gastrotomy tube feedings;
2929	2929	(14) relocation of residents within an institution;
2930	2930	(15) postmortem procedures; and
2931	2931	(16) appropriate use of chemical and physical
2932	2932	restraints.
2933	2933	SECTION 9.003. Section 401.015(a), Health and Safety Code,
2934	2934	is amended to conform to changes made by Chapter 838 (S.B. 202),
2935	2935	Acts of the 84th Legislature, Regular Session, 2015, to read as
2936	2936	follows:
2937	2937	(a) The radiation advisory board is composed of the
2938	2938	following 18 members appointed by the governor:
2939	2939	(1) one representative from industry who is trained in
2940	2940	nuclear physics, science, or nuclear engineering;
2941	2941	(2) one representative from labor;
2942	2942	(3) one representative from agriculture;
2943	2943	(4) one representative from the insurance industry;
2944	2944	(5) one individual who is engaged in the use and
2945	2945	application of nuclear physics in medicine and is certified by the
2946	2946	American Board of Radiology or licensed by the Texas Medical Board
2947	2947	under Chapter 602, Occupations Code [of Licensure for Professional
2948	2948	Medical Physicists];
2949	2949	(6) one hospital administrator;
2950	2950	(7) one individual licensed by the Texas Medical Board
2951	2951	who specializes in nuclear medicine;
2952	2952	(8) one individual licensed by the Texas Medical Board
2953	2953	who specializes in pathology;
2954	2954	(9) one individual licensed by the Texas Medical Board
2955	2955	who specializes in radiology;
2956	2956	(10) one representative from the nuclear utility
2957	2957	industry;
2958	2958	(11) one representative from the radioactive waste
2959	2959	industry;
2960	2960	(12) one representative from the petroleum industry;
2961	2961	(13) one health physicist certified by the American
2962	2962	Board of Health Physics;
2963	2963	(14) one individual licensed by the State Board of
2964	2964	Dental Examiners;
2965	2965	(15) one representative from the uranium mining
2966	2966	industry; and
2967	2967	(16) three representatives of the public.
2968	2968	SECTION 9.004. Section 532.0131(d), Health and Safety Code,
2969	2969	is amended to correct a typographical error to read as follows:
2970	2970	(d) The executive commissioner of the Health and Human
2971	2971	Services Commission shall appoint as members of the work group:
2972	2972	(1) a representative of the department;
2973	2973	(2) a representative of the Texas Department of
2974	2974	Criminal Justice;
2975	2975	(3) a representative of the Texas Juvenile Justice
2976	2976	Department;
2977	2977	(4) a representative of the Texas Correctional Office
2978	2978	on Offenders with Medical or Mental Impairments;
2979	2979	(5) a representative of the Sheriffs' [Sheriff's]
2980	2980	Association of Texas;
2981	2981	(6) a superintendent of a state hospital with a
2982	2982	maximum security forensic unit;
2983	2983	(7) a representative of a local mental health
2984	2984	authority;
2985	2985	(8) a representative of the protection and advocacy
2986	2986	system of this state established in accordance with 42 U.S.C.
2987	2987	Section 15043, appointed by the administrative head of that system;
2988	2988	and
2989	2989	(9) additional members as needed to comply with the
2990	2990	number of members selected by the commissioner, who must be
2991	2991	recognized experts in forensic patients or persons who represent
2992	2992	the interests of forensic patients, and who may be advocates,
2993	2993	family members, psychiatrists, psychologists, social workers,
2994	2994	psychiatric nurses, or representatives of hospitals licensed under
2995	2995	Chapter 241 or 577.
2996	2996	ARTICLE 10. CHANGES RELATING TO INSURANCE CODE
2997	2997	SECTION 10.001. Section 544.552, Insurance Code, as amended
2998	2998	by Chapters 592 (S.B. 188) and 1137 (S.B. 189), Acts of the 84th
2999	2999	Legislature, Regular Session, 2015, is reenacted and amended to
3000	3000	read as follows:
3001	3001	Sec. 544.552. APPLICABILITY. This subchapter applies only
3002	3002	to:
3003	3003	(1) a standard fire, homeowners, or farm and ranch
3004	3004	owners insurance policy, including such policies written by:
3005	3005	(A) [(1)] a farm mutual insurance company;
3006	3006	(B) [(2)] a county mutual insurance company;
3007	3007	(C) [(3)] a Lloyd's plan; and
3008	3008	(D) [(4)] a reciprocal or interinsurance
3009	3009	exchange; or
3010	3010	(2) a personal automobile insurance policy, including
3011	3011	a policy written by a county mutual insurance company.
3012	3012	SECTION 10.002. Sections 1451.001(3), (7), (8), and (20),
3013	3013	Insurance Code, are amended to conform to Chapter 838 (S.B. 202),
3014	3014	Acts of the 84th Legislature, Regular Session, 2015, to read as
3015	3015	follows:
3016	3016	(3) "Audiologist" means an individual licensed to
3017	3017	practice audiology by the Texas Department of Licensing and
3018	3018	Regulation [State Board of Examiners for Speech-Language Pathology
3019	3019	and Audiology].
3020	3020	(7) "Dietitian" means an individual licensed by the
3021	3021	Texas Department of Licensing and Regulation under Chapter 701,
3022	3022	Occupations Code [State Board of Examiners of Dietitians].
3023	3023	(8) "Hearing instrument fitter and dispenser" means an
3024	3024	individual licensed by the Texas Department of Licensing and
3025	3025	Regulation under Chapter 402, Occupations Code [State Committee of
3026	3026	Examiners in the Fitting and Dispensing of Hearing Instruments].
3027	3027	(20) "Speech-language pathologist" means an
3028	3028	individual licensed to practice speech-language pathology by the
3029	3029	Texas Department of Licensing and Regulation [State Board of
3030	3030	Examiners for Speech-Language Pathology and Audiology].
3031	3031	SECTION 10.003. Section 2210.251(f), Insurance Code, as
3032	3032	amended by Chapters 188 (S.B. 498) and 1073 (H.B. 2439), Acts of
3033	3033	the 84th Legislature, Regular Session, 2015, is reenacted to read
3034	3034	as follows:
3035	3035	(f) Notwithstanding any other provision of this subchapter,
3036	3036	insurance coverage for a residential structure may be issued or
3037	3037	renewed through the association subject to the inspection
3038	3038	requirements imposed under Section 2210.258, if applicable.
3039	3039	SECTION 10.004. Section 2210.2581, Insurance Code, as
3040	3040	amended by Chapter 615 (S.B. 900), Acts of the 84th Legislature,
3041	3041	Regular Session, 2015, is repealed to conform to the repeal of
3042	3042	Section 2210.2581, Insurance Code, by Chapter 188 (S.B. 498), Acts
3043	3043	of the 84th Legislature, Regular Session, 2015.
3044	3044	ARTICLE 11. CHANGES RELATING TO LABOR CODE
3045	3045	SECTION 11.001. Sections 23.003(a) and (b), Labor Code, as
3046	3046	added by Chapter 195 (S.B. 805), Acts of the 84th Legislature,
3047	3047	Regular Session, 2015, are repealed as duplicative of Sections
3048	3048	23.003(a) and (b), Labor Code, as added by Chapter 816 (H.B. 3547),
3049	3049	Acts of the 84th Legislature, Regular Session, 2015.
3050	3050	ARTICLE 12. CHANGES RELATING TO LOCAL GOVERNMENT CODE
3051	3051	SECTION 12.001. Section 234.132, Local Government Code, as
3052	3052	amended by Chapters 623 (S.B. 1210) and 1170 (S.B. 866), Acts of the
3053	3053	84th Legislature, Regular Session, 2015, is reenacted and amended
3054	3054	to read as follows:
3055	3055	Sec. 234.132. APPLICABILITY. This subchapter applies only
3056	3056	to:
3057	3057	(1) a county that has a population of less than 25,000,
3058	3058	is adjacent to the Gulf of Mexico, and is within 50 miles of an
3059	3059	international border;
3060	3060	(2) a county that has a population of four million or
3061	3061	more;
3062	3062	(3) a county that is adjacent to the Gulf of Mexico and
3063	3063	to a county that has a population of four million or more; [and]
3064	3064	(4) a county located on the Texas-Mexico border that
3065	3065	has a population of less than 300,000 and contains a municipality
3066	3066	with a population of 200,000 or more; and
3067	3067	(5) [(3)] a county that has a population of 550,000 or
3068	3068	more and is adjacent to a county described by Subdivision (2).
3069	3069	SECTION 12.002. Section 250.007, Local Government Code, is
3070	3070	amended to correct an error to read as follows:
3071	3071	Sec. 250.007. REGULATION OF RENTAL OR LEASING OF HOUSING
3072	3072	ACCOMMODATIONS. (a) Except as provided by this section, a
3073	3073	municipality or county may not adopt or enforce an ordinance or
3074	3074	regulation that prohibits an owner, lessee, sublessee, assignee,
3075	3075	managing agent, or other person having the right to lease,
3076	3076	sublease, or rent a housing accommodation from refusing to lease or
3077	3077	rent the housing accommodation to a person because the person's
3078	3078	lawful source of income to pay rent includes funding from a federal
3079	3079	housing assistance program.
3080	3080	(b) This section does not affect an ordinance or regulation
3081	3081	that prohibits the refusal to lease or rent a housing accommodation
3082	3082	to a military veteran because of the veteran's lawful source of
3083	3083	income to pay rent.
3084	3084	(c) This section does not affect any authority of a
3085	3085	municipality or county or decree to create or implement an
3086	3086	incentive, contract commitment, density bonus, or other voluntary
3087	3087	program designed to encourage the acceptance of a housing voucher
3088	3088	directly or indirectly funded by the federal government, including
3089	3089	a federal housing choice voucher.
3090	3090	ARTICLE 13. CHANGES RELATING TO NATURAL RESOURCES CODE
3091	3091	SECTION 13.001. Section 81.067(c), Natural Resources Code,
3092	3092	is amended to conform to the repeal of Section 81.112, Natural
3093	3093	Resources Code, by Chapter 470 (S.B. 757), Acts of the 84th
3094	3094	Legislature, Regular Session, 2015, to read as follows:
3095	3095	(c) The fund consists of:
3096	3096	(1) proceeds from bonds and other financial security
3097	3097	required by this chapter and benefits under well-specific plugging
3098	3098	insurance policies described by Section 91.104(c) that are paid to
3099	3099	the state as contingent beneficiary of the policies, subject to the
3100	3100	refund provisions of Section 91.1091, if applicable;
3101	3101	(2) private contributions, including contributions
3102	3102	made under Section 89.084;
3103	3103	(3) expenses collected under Section 89.083;
3104	3104	(4) fees imposed under Section 85.2021;
3105	3105	(5) costs recovered under Section 91.457 or 91.459;
3106	3106	(6) proceeds collected under Sections 89.085 and
3107	3107	91.115;
3108	3108	(7) interest earned on the funds deposited in the
3109	3109	fund;
3110	3110	(8) oil and gas waste hauler permit application fees
3111	3111	collected under Section 29.015, Water Code;
3112	3112	(9) costs recovered under Section 91.113(f);
3113	3113	(10) hazardous oil and gas waste generation fees
3114	3114	collected under Section 91.605;
3115	3115	(11) oil-field cleanup regulatory fees on oil
3116	3116	collected under Section 81.116;
3117	3117	(12) oil-field cleanup regulatory fees on gas
3118	3118	collected under Section 81.117;
3119	3119	(13) fees for a reissued certificate collected under
3120	3120	Section 91.707;
3121	3121	(14) fees collected under Section 91.1013;
3122	3122	(15) fees collected under Section 89.088;
3123	3123	(16) fees collected under Section 91.142;
3124	3124	(17) fees collected under Section 91.654;
3125	3125	(18) costs recovered under Sections 91.656 and 91.657;
3126	3126	(19) fees collected under Section 81.0521;
3127	3127	(20) fees collected under Sections 89.024 and 89.026;
3128	3128	(21) legislative appropriations;
3129	3129	(22) any surcharges collected under Section 81.070;
3130	3130	(23) fees collected under Section 91.0115;
3131	3131	(24) [money deposited to the credit of the fund under
3132	3132	Section 81.112;
3133	3133	[(25)] fees collected under Subchapter E, Chapter 121,
3134	3134	Utilities Code; and
3135	3135	(25) [(26)] fees collected under Section 27.0321,
3136	3136	Water Code.
3137	3137	SECTION 13.002. Section 81.112, Natural Resources Code, as
3138	3138	amended by Chapter 448 (H.B. 7), Acts of the 84th Legislature,
3139	3139	Regular Session, 2015, is repealed to conform to the repeal of
3140	3140	Section 81.112, Natural Resources Code, by Chapter 470 (S.B. 757),
3141	3141	Acts of the 84th Legislature, Regular Session, 2015.
3142	3142	ARTICLE 14. CHANGES RELATING TO OCCUPATIONS CODE
3143	3143	SECTION 14.001. Section 55.004, Occupations Code, as
3144	3144	amended by Chapters 586 (H.B. 3742) and 1193 (S.B. 1307), Acts of
3145	3145	the 84th Legislature, Regular Session, 2015, is reenacted to read
3146	3146	as follows:
3147	3147	Sec. 55.004. ALTERNATIVE LICENSING FOR MILITARY SERVICE
3148	3148	MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES. (a) A state
3149	3149	agency that issues a license shall adopt rules for the issuance of
3150	3150	the license to an applicant who is a military service member,
3151	3151	military veteran, or military spouse and:
3152	3152	(1) holds a current license issued by another
3153	3153	jurisdiction that has licensing requirements that are
3154	3154	substantially equivalent to the requirements for the license in
3155	3155	this state; or
3156	3156	(2) within the five years preceding the application
3157	3157	date held the license in this state.
3158	3158	(b) The executive director of a state agency may waive any
3159	3159	prerequisite to obtaining a license for an applicant described by
3160	3160	Subsection (a) after reviewing the applicant's credentials.
3161	3161	(c) In addition to the rules adopted under Subsection (a), a
3162	3162	state agency that issues a license may adopt rules that would
3163	3163	establish alternate methods for a military service member, military
3164	3164	veteran, or military spouse to demonstrate competency to meet the
3165	3165	requirements for obtaining the license.
3166	3166	SECTION 14.002. Section 1802.002(a), Occupations Code, as
3167	3167	amended by Chapters 777 (H.B. 2481) and 1230 (S.B. 1982), Acts of
3168	3168	the 84th Legislature, Regular Session, 2015, is reenacted to read
3169	3169	as follows:
3170	3170	(a) This chapter does not apply to:
3171	3171	(1) a sale conducted by order of a United States court
3172	3172	under Title 11, United States Code;
3173	3173	(2) a sale conducted by an employee of the United
3174	3174	States, this state, or a political subdivision of this state in the
3175	3175	course and scope of employment;
3176	3176	(3) a sale conducted by a charitable, religious, or
3177	3177	civic organization, including an organization having a tax exempt
3178	3178	status under Section 501(c), Internal Revenue Code of 1986, or
3179	3179	organized as a nonprofit entity, if the person organizing,
3180	3180	arranging, or conducting the auction receives no compensation;
3181	3181	(4) a foreclosure sale of real property personally
3182	3182	conducted by a trustee under a deed of trust;
3183	3183	(5) a foreclosure sale of personal property personally
3184	3184	conducted by:
3185	3185	(A) a person who holds a security interest in the
3186	3186	property, including a mortgage; or
3187	3187	(B) an employee or agent of a person described by
3188	3188	Paragraph (A) acting in the course and scope of employment, if:
3189	3189	(i) the employee or agent is not otherwise
3190	3190	engaged in the auction business; and
3191	3191	(ii) all property for sale in the auction is
3192	3192	subject to a security agreement;
3193	3193	(6) a sale conducted by sealed bid without the option
3194	3194	of increasing or decreasing the amount of a bid;
3195	3195	(7) an auction conducted only for student training
3196	3196	purposes as part of a course of study approved by the department;
3197	3197	(8) an auction conducted by a posted stockyard or
3198	3198	market agency as defined by the federal Packers and Stockyards Act
3199	3199	(7 U.S.C. Section 181 et seq.), as amended;
3200	3200	(9) an auction of livestock conducted by a nonprofit
3201	3201	livestock trade association chartered in this state, if the auction
3202	3202	involves only the sale of livestock owned by members of the trade
3203	3203	association;
3204	3204	(10) an auction conducted by a charitable or nonprofit
3205	3205	organization chartered in this state, if the auction:
3206	3206	(A) is part of a fair that is organized under
3207	3207	state, county, or municipal authority; and
3208	3208	(B) involves only the sale of property owned by
3209	3209	the organization's members;
3210	3210	(11) a sale or auction conducted by an auctioneer
3211	3211	while the auctioneer is physically located outside of this state;
3212	3212	(12) a sale of motor vehicles at auction by a person
3213	3213	licensed under Chapter 2301 or 2302;
3214	3214	(13) a sale of motor vehicles at auction by a person
3215	3215	who holds a wholesale motor vehicle auction general distinguishing
3216	3216	number or an independent motor vehicle general distinguishing
3217	3217	number issued by the Texas Department of Motor Vehicles; or
3218	3218	(14) an auction of property through the Internet.
3219	3219	SECTION 14.003. Section 1802.051(d), Occupations Code, as
3220	3220	added by Chapter 1230 (S.B. 1982), Acts of the 84th Legislature,
3221	3221	Regular Session, 2015, is repealed as duplicative of Section
3222	3222	1802.051(d), Occupations Code, as added by Chapter 777 (H.B. 2481),
3223	3223	Acts of the 84th Legislature, Regular Session, 2015.
3224	3224	ARTICLE 15. CHANGES RELATING TO PENAL CODE
3225	3225	SECTION 15.001. Section 31.18(b), Penal Code, is amended to
3226	3226	correct a reference to read as follows:
3227	3227	(b) A person commits an offense if the person:
3228	3228	(1) knowingly or intentionally conducts, promotes, or
3229	3229	facilitates an activity in which the person receives, possesses,
3230	3230	conceals, stores, barters, sells, abandons, or disposes of:
3231	3231	(A) stolen cargo; or
3232	3232	(B) cargo explicitly represented to the person as
3233	3233	being stolen cargo; or
3234	3234	(2) is employed as a driver lawfully contracted to
3235	3235	transport a specific cargo by vehicle from a known point of origin
3236	3236	to a known point of destination and, with the intent to conduct,
3237	3237	promote, or facilitate an activity described by Subdivision (1)
3238	3238	[Subsection (b)(1)], knowingly or intentionally:
3239	3239	(A) fails to deliver the entire cargo to the
3240	3240	known point of destination as contracted; or
3241	3241	(B) causes the seal to be broken on the vehicle or
3242	3242	on an intermodal container containing any part of the cargo.
3243	3243	SECTION 15.002. Section 46.01(11), Penal Code, is repealed
3244	3244	to conform to Chapter 960 (H.B. 1862), Acts of the 83rd Legislature,
3245	3245	Regular Session, 2013.
3246	3246	SECTION 15.003. Section 46.03(f), Penal Code, as amended by
3247	3247	Chapters 437 (H.B. 910) and 1001 (H.B. 554), Acts of the 84th
3248	3248	Legislature, Regular Session, 2015, is reenacted to read as
3249	3249	follows:
3250	3250	(f) Except as provided by Subsection (e-1), it is not a
3251	3251	defense to prosecution under this section that the actor possessed
3252	3252	a handgun and was licensed to carry a handgun under Subchapter H,
3253	3253	Chapter 411, Government Code.
3254	3254	SECTION 15.004. Section 46.035(g), Penal Code, as amended
3255	3255	by Chapters 437 (H.B. 910) and 438 (S.B. 11), Acts of the 84th
3256	3256	Legislature, Regular Session, 2015, is reenacted and amended to
3257	3257	read as follows:
3258	3258	(g) An offense under this section [(a-1), (a-2), (a-3),] is
3259	3259	a Class A misdemeanor, unless the offense is committed under
3260	3260	Subsection (b)(1) or (b)(3), in which event the offense is a felony
3261	3261	of the third degree.
3262	3262	SECTION 15.005. Sections 46.035(h) and (j), Penal Code, as
3263	3263	amended by Chapters 437 (H.B. 910) and 438 (S.B. 11), Acts of the
3264	3264	84th Legislature, Regular Session, 2015, are reenacted to read as
3265	3265	follows:
3266	3266	(h) It is a defense to prosecution under Subsection (a),
3267	3267	(a-1), (a-2), or (a-3) that the actor, at the time of the commission
3268	3268	of the offense, displayed the handgun under circumstances in which
3269	3269	the actor would have been justified in the use of force or deadly
3270	3270	force under Chapter 9.
3271	3271	(j) Subsections (a), (a-1), (a-2), (a-3), and (b)(1) do not
3272	3272	apply to a historical reenactment performed in compliance with the
3273	3273	rules of the Texas Alcoholic Beverage Commission.
3274	3274	ARTICLE 16. CHANGES RELATING TO PROPERTY CODE
3275	3275	SECTION 16.001. Section 209.00592(a-1), Property Code, as
3276	3276	added by Chapter 248 (S.B. 862), Acts of the 84th Legislature,
3277	3277	Regular Session, 2015, is repealed as duplicative of Section
3278	3278	209.00592(a-1), Property Code, as added by Chapter 1183 (S.B.
3279	3279	1168), Acts of the 84th Legislature, Regular Session, 2015.
3280	3280	ARTICLE 17. CHANGES RELATING TO TAX CODE
3281	3281	SECTION 17.001. Section 151.310(a), Tax Code, is amended to
3282	3282	correct an error to read as follows:
3283	3283	(a) A taxable item sold, leased, or rented to, or stored,
3284	3284	used, or consumed by, any of the following organizations is
3285	3285	exempted from the taxes imposed by this chapter:
3286	3286	(1) an organization created for religious,
3287	3287	educational, or charitable purposes if no part of the net earnings
3288	3288	of the organization benefits a private shareholder or individual
3289	3289	and the items purchased, leased, or rented are related to the
3290	3290	purpose of the organization;
3291	3291	(2) an organization qualifying for an exemption from
3292	3292	federal income taxes under Section 501(c)(3), (4), (8), (10), or
3293	3293	(19), Internal Revenue Code, if [of] the item sold, leased, rented,
3294	3294	stored, used, or consumed relates to the purpose of the exempted
3295	3295	organization and the item is not used for the personal benefit of a
3296	3296	private stockholder or individual;
3297	3297	(3) a nonprofit organization engaged exclusively in
3298	3298	providing athletic competition among persons under 19 years old if
3299	3299	no financial benefit goes to an individual or shareholder;
3300	3300	(4) a company, department, or association organized
3301	3301	for the purpose of answering fire alarms and extinguishing fires or
3302	3302	for the purpose of answering fire alarms, extinguishing fires, and
3303	3303	providing emergency medical services, the members of which receive
3304	3304	no compensation or only nominal compensation for their services
3305	3305	rendered, if the taxable item is used exclusively by the company,
3306	3306	department, or association; or
3307	3307	(5) a chamber of commerce or a convention and tourist
3308	3308	promotional agency representing at least one Texas city or county
3309	3309	if the chamber of commerce or the agency is not organized for profit
3310	3310	and no part of its net earnings inures to a private shareholder or
3311	3311	other individual.
3312	3312	SECTION 17.002. The heading to Section 313.009, Tax Code,
3313	3313	as redesignated by Chapter 1236 (S.B. 1296), Acts of the 84th
3314	3314	Legislature, Regular Session, 2015, is amended to correct an error
3315	3315	in enrolling House Bill 2712, Acts of the 84th Legislature, Regular
3316	3316	Session, 2015, to read as follows:
3317	3317	Sec. 313.009. CERTAIN ENTITIES INELIGIBLE [ELIGIBLE].
3318	3318	SECTION 17.003. Section 351.101(a), Tax Code, as amended by
3319	3319	Chapters 666 (H.B. 3772) and 979 (H.B. 3615), Acts of the 84th
3320	3320	Legislature, Regular Session, 2015, is reenacted and amended to
3321	3321	read as follows:
3322	3322	(a) Revenue from the municipal hotel occupancy tax may be
3323	3323	used only to promote tourism and the convention and hotel industry,
3324	3324	and that use is limited to the following:
3325	3325	(1) the acquisition of sites for and the construction,
3326	3326	improvement, enlarging, equipping, repairing, operation, and
3327	3327	maintenance of convention center facilities or visitor information
3328	3328	centers, or both;
3329	3329	(2) the furnishing of facilities, personnel, and
3330	3330	materials for the registration of convention delegates or
3331	3331	registrants;
3332	3332	(3) advertising and conducting solicitations and
3333	3333	promotional programs to attract tourists and convention delegates
3334	3334	or registrants to the municipality or its vicinity;
3335	3335	(4) the encouragement, promotion, improvement, and
3336	3336	application of the arts, including instrumental and vocal music,
3337	3337	dance, drama, folk art, creative writing, architecture, design and
3338	3338	allied fields, painting, sculpture, photography, graphic and craft
3339	3339	arts, motion pictures, radio, television, tape and sound recording,
3340	3340	and other arts related to the presentation, performance, execution,
3341	3341	and exhibition of these major art forms;
3342	3342	(5) historical restoration and preservation projects
3343	3343	or activities or advertising and conducting solicitations and
3344	3344	promotional programs to encourage tourists and convention
3345	3345	delegates to visit preserved historic sites or museums:
3346	3346	(A) at or in the immediate vicinity of convention
3347	3347	center facilities or visitor information centers; or
3348	3348	(B) located elsewhere in the municipality or its
3349	3349	vicinity that would be frequented by tourists and convention
3350	3350	delegates;
3351	3351	(6) for a municipality located in a county with a
3352	3352	population of one million or less, expenses, including promotion
3353	3353	expenses, directly related to a sporting event in which the
3354	3354	majority of participants are tourists who substantially increase
3355	3355	economic activity at hotels and motels within the municipality or
3356	3356	its vicinity;
3357	3357	(7) subject to Section 351.1076, the promotion of
3358	3358	tourism by the enhancement and upgrading of existing sports
3359	3359	facilities or fields, including facilities or fields for baseball,
3360	3360	softball, soccer, flag football, and rodeos, if:
3361	3361	(A) the municipality owns the facilities or
3362	3362	fields;
3363	3363	(B) the municipality:
3364	3364	(i) has a population of 80,000 or more and
3365	3365	is located in a county that has a population of 350,000 or less;
3366	3366	(ii) has a population of at least 75,000 but
3367	3367	not more than 95,000 and is located in a county that has a
3368	3368	population of less than 200,000 but more than 160,000;
3369	3369	(iii) has a population of at least 36,000
3370	3370	but not more than 39,000 and is located in a county that has a
3371	3371	population of 100,000 or less that is not adjacent to a county with
3372	3372	a population of more than two million;
3373	3373	(iv) has a population of at least 13,000 but
3374	3374	less than 39,000 and is located in a county that has a population of
3375	3375	at least 200,000;
3376	3376	(v) has a population of at least 70,000 but
3377	3377	less than 90,000 and no part of which is located in a county with a
3378	3378	population greater than 150,000;
3379	3379	(vi) is located in a county that:
3380	3380	(a) is adjacent to the Texas-Mexico
3381	3381	border;
3382	3382	(b) has a population of at least
3383	3383	500,000; and
3384	3384	(c) does not have a municipality with
3385	3385	a population greater than 500,000;
3386	3386	(vii) has a population of at least 25,000
3387	3387	but not more than 26,000 and is located in a county that has a
3388	3388	population of 90,000 or less;
3389	3389	(viii) [(ix)] is located in a county that
3390	3390	has a population of not more than 300,000 and in which a component
3391	3391	university of the University of Houston System is located; or
3392	3392	(ix) [(x)] has a population of at least
3393	3393	40,000 and the San Marcos River flows through the municipality; and
3394	3394	(C) the sports facilities and fields have been
3395	3395	used, in the preceding calendar year, a combined total of more than
3396	3396	10 times for district, state, regional, or national sports
3397	3397	tournaments;
3398	3398	(8) for a municipality with a population of at least
3399	3399	70,000 but less than 90,000, no part of which is located in a county
3400	3400	with a population greater than 150,000, the construction,
3401	3401	improvement, enlarging, equipping, repairing, operation, and
3402	3402	maintenance of a coliseum or multiuse facility;
3403	3403	(9) signage directing the public to sights and
3404	3404	attractions that are visited frequently by hotel guests in the
3405	3405	municipality;
3406	3406	(10) the construction, improvement, enlarging,
3407	3407	equipping, repairing, operation, and maintenance of a coliseum or
3408	3408	multiuse facility, if the municipality:
3409	3409	(A) has a population of at least 90,000 but less
3410	3410	than 120,000; and
3411	3411	(B) is located in two counties, at least one of
3412	3412	which contains the headwaters of the San Gabriel River; and
3413	3413	(11) for a municipality with a population of more than
3414	3414	175,000 but less than 225,000 that is located in two counties, each
3415	3415	of which has a population of less than 200,000, the construction,
3416	3416	improvement, enlarging, equipping, repairing, operation, and
3417	3417	maintenance of a coliseum or multiuse facility and related
3418	3418	infrastructure or a venue, as defined by Section 334.001(4), Local
3419	3419	Government Code, that is related to the promotion of tourism.
3420	3420	ARTICLE 18. CHANGES RELATING TO TRANSPORTATION CODE
3421	3421	SECTION 18.001. Section 504.202(e-1), Transportation Code,
3422	3422	as amended by Chapters 708 (H.B. 1128) and 716 (H.B. 1273), Acts of
3423	3423	the 84th Legislature, Regular Session, 2015, is reenacted to read
3424	3424	as follows:
3425	3425	(e-1) Other than license plates issued under Subsection
3426	3426	(h), license plates issued under this section may include, on
3427	3427	request:
3428	3428	(1) the emblem of the veteran's branch of service; or
3429	3429	(2) one emblem from another license plate to which the
3430	3430	person is entitled under Section 504.308, 504.311, 504.312,
3431	3431	504.313, 504.3135, 504.314, 504.315, 504.316, 504.318, 504.319, or
3432	3432	504.320.
3433	3433	SECTION 18.002. The heading to Section 504.502,
3434	3434	Transportation Code, is amended to conform to the transfer of the
3435	3435	offense by Chapter 1296 (H.B. 2357), Acts of the 82nd Legislature,
3436	3436	Regular Session, 2011, to read as follows:
3437	3437	Sec. 504.502. CERTAIN EXHIBITION VEHICLES[; OFFENSE].
3438	3438	SECTION 18.003. Section 644.101(b), Transportation Code,
3439	3439	as amended by Chapters 278 (H.B. 716) and 1130 (S.B. 58), Acts of
3440	3440	the 84th Legislature, Regular Session, 2015, is reenacted and
3441	3441	amended to read as follows:
3442	3442	(b) A police officer of any of the following municipalities
3443	3443	is eligible to apply for certification under this section:
3444	3444	(1) a municipality with a population of 50,000 or
3445	3445	more;
3446	3446	(2) a municipality with a population of 25,000 or more
3447	3447	any part of which is located in a county with a population of
3448	3448	500,000 or more;
3449	3449	(3) a municipality with a population of less than
3450	3450	25,000:
3451	3451	(A) any part of which is located in a county with
3452	3452	a population of 3.3 million; and
3453	3453	(B) that contains or is adjacent to an
3454	3454	international port;
3455	3455	(4) a municipality with a population of at least
3456	3456	34,000 that is located in a county that borders two or more states;
3457	3457	(5) a municipality any part of which is located in a
3458	3458	county bordering the United Mexican States;
3459	3459	(6) a municipality with a population of less than
3460	3460	5,000 that is located:
3461	3461	(A) adjacent to a bay connected to the Gulf of
3462	3462	Mexico; and
3463	3463	(B) in a county adjacent to a county with a
3464	3464	population greater than 3.3 million;
3465	3465	(7) a municipality that is located:
3466	3466	(A) within 25 miles of an international port; and
3467	3467	(B) in a county that does not contain a highway
3468	3468	that is part of the national system of interstate and defense
3469	3469	highways and is adjacent to a county with a population greater than
3470	3470	3.3 million;
3471	3471	(8) a municipality with a population of less than
3472	3472	8,500 that:
3473	3473	(A) is the county seat; and
3474	3474	(B) contains a highway that is part of the
3475	3475	national system of interstate and defense highways; [or]
3476	3476	(9) a municipality located in a county with a
3477	3477	population between 60,000 and 66,000 adjacent to a bay connected to
3478	3478	the Gulf of Mexico; or
3479	3479	(10) [(9)] a municipality with a population of more
3480	3480	than 40,000 and less than 50,000 that is located in a county with a
3481	3481	population of more than 285,000 and less than 300,000 that borders
3482	3482	the Gulf of Mexico.
3483	3483	ARTICLE 19. CHANGES RELATING TO WATER CODE
3484	3484	SECTION 19.001. Section 16.053(e), Water Code, as amended
3485	3485	by Chapters 756 (H.B. 2031), 990 (H.B. 30), and 1180 (S.B. 1101),
3486	3486	Acts of the 84th Legislature, Regular Session, 2015, is reenacted
3487	3487	and amended to read as follows:
3488	3488	(e) Each regional water planning group shall submit to the
3489	3489	development board a regional water plan that:
3490	3490	(1) is consistent with the guidance principles for the
3491	3491	state water plan adopted by the development board under Section
3492	3492	16.051(d);
3493	3493	(2) provides information based on data provided or
3494	3494	approved by the development board in a format consistent with the
3495	3495	guidelines provided by the development board under Subsection (d);
3496	3496	(2-a) is consistent with the desired future conditions
3497	3497	adopted under Section 36.108 for the relevant aquifers located in
3498	3498	the regional water planning area as of the date the board most
3499	3499	recently adopted a state water plan under Section 16.051 or, at the
3500	3500	option of the regional water planning group, established subsequent
3501	3501	to the adoption of the most recent plan; provided, however, that if
3502	3502	no groundwater conservation district exists within the area of the
3503	3503	regional water planning group, the regional water planning group
3504	3504	shall determine the supply of groundwater for regional planning
3505	3505	purposes; the Texas Water Development Board shall review and
3506	3506	approve, prior to inclusion in the regional water plan, that the
3507	3507	groundwater supply for the regional planning group without a
3508	3508	groundwater conservation district in its area is physically
3509	3509	compatible, using the board's groundwater availability models,
3510	3510	with the desired future conditions adopted under Section 36.108 for
3511	3511	the relevant aquifers in the groundwater management area that are
3512	3512	regulated by groundwater conservation districts;
3513	3513	(3) identifies:
3514	3514	(A) each source of water supply in the regional
3515	3515	water planning area, including information supplied by the
3516	3516	executive administrator on the amount of modeled available
3517	3517	groundwater in accordance with the guidelines provided by the
3518	3518	development board under Subsections (d) and (f);
3519	3519	(B) factors specific to each source of water
3520	3520	supply to be considered in determining whether to initiate a
3521	3521	drought response;
3522	3522	(C) actions to be taken as part of the response;
3523	3523	and
3524	3524	(D) existing major water infrastructure
3525	3525	facilities that may be used for interconnections in the event of an
3526	3526	emergency shortage of water;
3527	3527	(4) has specific provisions for water management
3528	3528	strategies to be used during a drought of record;
3529	3529	(5) includes but is not limited to consideration of
3530	3530	the following:
3531	3531	(A) any existing water or drought planning
3532	3532	efforts addressing all or a portion of the region and potential
3533	3533	impacts on public health, safety, or welfare in this state;
3534	3534	(B) approved groundwater conservation district
3535	3535	management plans and other plans submitted under Section 16.054;
3536	3536	(C) all potentially feasible water management
3537	3537	strategies, including but not limited to improved conservation,
3538	3538	reuse, and management of existing water supplies, conjunctive use,
3539	3539	acquisition of available existing water supplies, and development
3540	3540	of new water supplies;
3541	3541	(D) protection of existing water rights in the
3542	3542	region;
3543	3543	(E) opportunities for and the benefits of
3544	3544	developing regional water supply facilities or providing regional
3545	3545	management of water supply facilities;
3546	3546	(F) appropriate provision for environmental
3547	3547	water needs and for the effect of upstream development on the bays,
3548	3548	estuaries, and arms of the Gulf of Mexico and the effect of plans on
3549	3549	navigation;
3550	3550	(G) provisions in Section 11.085(k)(1) if
3551	3551	interbasin transfers are contemplated;
3552	3552	(H) voluntary transfer of water within the region
3553	3553	using, but not limited to, regional water banks, sales, leases,
3554	3554	options, subordination agreements, and financing agreements;
3555	3555	(I) emergency transfer of water under Section
3556	3556	11.139, including information on the part of each permit, certified
3557	3557	filing, or certificate of adjudication for nonmunicipal use in the
3558	3558	region that may be transferred without causing unreasonable damage
3559	3559	to the property of the nonmunicipal water rights holder; and
3560	3560	(J) opportunities for and the benefits of
3561	3561	developing large-scale desalination facilities for:
3562	3562	(i) marine seawater that serve local or
3563	3563	regional entities; and
3564	3564	(ii) [(J) opportunities for and the
3565	3565	benefits of developing large-scale desalination facilities for]
3566	3566	seawater or brackish groundwater that serve local or regional
3567	3567	brackish groundwater production zones identified and designated
3568	3568	under Section 16.060(b)(5);
3569	3569	(6) identifies river and stream segments of unique
3570	3570	ecological value and sites of unique value for the construction of
3571	3571	reservoirs that the regional water planning group recommends for
3572	3572	protection under Section 16.051;
3573	3573	(7) assesses the impact of the plan on unique river and
3574	3574	stream segments identified in Subdivision (6) if the regional water
3575	3575	planning group or the legislature determines that a site of unique
3576	3576	ecological value exists;
3577	3577	(8) describes the impact of proposed water projects on
3578	3578	water quality; and
3579	3579	(9) includes information on:
3580	3580	(A) projected water use and conservation in the
3581	3581	regional water planning area; and
3582	3582	(B) the implementation of state and regional
3583	3583	water plan projects, including water conservation strategies,
3584	3584	necessary to meet the state's projected water demands.
3585	3585	SECTION 19.002. Section 16.060, Water Code, as amended by
3586	3586	Chapter 990 (H.B. 30), Acts of the 84th Legislature, Regular
3587	3587	Session, 2015, and repealed by Chapter 756 (H.B. 2031), Acts of the
3588	3588	84th Legislature, Regular Session, 2015, is reenacted to read as
3589	3589	follows:
3590	3590	Sec. 16.060. DESALINATION STUDIES AND RESEARCH. (a) The
3591	3591	board shall undertake or participate in research, feasibility and
3592	3592	facility planning studies, investigations, and surveys as it
3593	3593	considers necessary to further the development of cost-effective
3594	3594	water supplies from seawater or brackish groundwater desalination
3595	3595	in the state.
3596	3596	(b) The board shall prepare a biennial progress report on
3597	3597	the implementation of seawater or brackish groundwater
3598	3598	desalination activities in the state and shall submit it to the
3599	3599	governor, lieutenant governor, and speaker of the house of
3600	3600	representatives not later than December 1 of each even-numbered
3601	3601	year. The report shall include:
3602	3602	(1) results of the board's studies and activities
3603	3603	relative to seawater or brackish groundwater desalination during
3604	3604	the preceding biennium;
3605	3605	(2) identification and evaluation of research,
3606	3606	regulatory, technical, and financial impediments to the
3607	3607	implementation of seawater or brackish groundwater desalination
3608	3608	projects;
3609	3609	(3) evaluation of the role the state should play in
3610	3610	furthering the development of large-scale seawater or brackish
3611	3611	groundwater desalination projects in the state;
3612	3612	(4) the anticipated appropriation from general
3613	3613	revenues necessary to continue investigating water desalination
3614	3614	activities in the state during the next biennium; and
3615	3615	(5) identification and designation of local or
3616	3616	regional brackish groundwater production zones in areas of the
3617	3617	state with moderate to high availability and productivity of
3618	3618	brackish groundwater that can be used to reduce the use of fresh
3619	3619	groundwater and that:
3620	3620	(A) are separated by hydrogeologic barriers
3621	3621	sufficient to prevent significant impacts to water availability or
3622	3622	water quality in any area of the same or other aquifers,
3623	3623	subdivisions of aquifers, or geologic strata that have an average
3624	3624	total dissolved solids level of 1,000 milligrams per liter or less
3625	3625	at the time of designation of the zones; and
3626	3626	(B) are not located in:
3627	3627	(i) an area of the Edwards Aquifer subject
3628	3628	to the jurisdiction of the Edwards Aquifer Authority;
3629	3629	(ii) the boundaries of the:
3630	3630	(a) Barton Springs-Edwards Aquifer
3631	3631	Conservation District;
3632	3632	(b) Harris-Galveston Subsidence
3633	3633	District; or
3634	3634	(c) Fort Bend Subsidence District;
3635	3635	(iii) an aquifer, subdivision of an
3636	3636	aquifer, or geologic stratum that:
3637	3637	(a) has an average total dissolved
3638	3638	solids level of more than 1,000 milligrams per liter; and
3639	3639	(b) is serving as a significant source
3640	3640	of water supply for municipal, domestic, or agricultural purposes
3641	3641	at the time of designation of the zones; or
3642	3642	(iv) an area of a geologic stratum that is
3643	3643	designated or used for wastewater injection through the use of
3644	3644	injection wells or disposal wells permitted under Chapter 27.
3645	3645	(c) The board shall actively pursue federal sources of
3646	3646	funding for desalination projects in the state.
3647	3647	(d) The board shall work together with groundwater
3648	3648	conservation districts and stakeholders and shall consider the
3649	3649	Brackish Groundwater Manual for Texas Regional Water Planning
3650	3650	Groups, and any updates to the manual, and other relevant
3651	3651	scientific data or findings when identifying and designating
3652	3652	brackish groundwater production zones under Subsection (b)(5).
3653	3653	(e) In designating a brackish groundwater production zone
3654	3654	under this section, the board shall:
3655	3655	(1) determine the amount of brackish groundwater that
3656	3656	the zone is capable of producing over a 30-year period and a 50-year
3657	3657	period without causing a significant impact to water availability
3658	3658	or water quality as described by Subsection (b)(5)(A); and
3659	3659	(2) include in the designation description:
3660	3660	(A) the amounts of brackish groundwater that the
3661	3661	zone is capable of producing during the periods described by
3662	3662	Subdivision (1); and
3663	3663	(B) recommendations regarding reasonable
3664	3664	monitoring to observe the effects of brackish groundwater
3665	3665	production within the zone.
3666	3666	SECTION 19.003. Section 36.001(31), Water Code, as added by
3667	3667	Chapter 415 (H.B. 2767), Acts of the 84th Legislature, Regular
3668	3668	Session, 2015, is repealed as duplicative of Section 36.001(31),
3669	3669	Water Code, as added by Chapter 308 (S.B. 854), Acts of the 84th
3670	3670	Legislature, Regular Session, 2015.
3671	3671	ARTICLE 20. CHANGES RELATING TO THE DISPOSITION OF CERTAIN
3672	3672	CIVIL STATUTES
3673	3673	SECTION 20.001. (a) Section 86.17, Education Code, is
3674	3674	repealed to conform to Chapter 570 (H.B. 1323), Acts of the 62nd
3675	3675	Legislature, Regular Session, 1971.
3676	3676	(b) Section 1, Chapter 570 (H.B. 1323), Acts of the 62nd
3677	3677	Legislature, Regular Session, 1971, is repealed as executed.
3678	3678	SECTION 20.002. (a) The Health and Safety Code is amended
3679	3679	to codify the Texas Environmental, Health, and Safety Audit
3680	3680	Privilege Act (Article 4447cc, Vernon's Texas Civil Statutes) by
3681	3681	adding Title 13 to read as follows:
3682	3682	TITLE 13. ENVIRONMENTAL, HEALTH, AND SAFETY AUDIT PRIVILEGE ACT
3683	3683	CHAPTER 1101. ENVIRONMENTAL, HEALTH, AND SAFETY AUDIT PRIVILEGE
3684	3684	ACT
3685	3685	SUBCHAPTER A. GENERAL PROVISIONS
3686	3686	Sec. 1101.001. SHORT TITLE. This chapter may be cited as
3687	3687	the Texas Environmental, Health, and Safety Audit Privilege Act.
3688	3688	(Acts 74th Leg., R.S., Ch. 219, Sec. 1.)
3689	3689	Sec. 1101.002. PURPOSE; CIRCUMVENTION BY RULE PROHIBITED.
3690	3690	(a) The purpose of this chapter is to encourage voluntary
3691	3691	compliance with environmental and occupational health and safety
3692	3692	laws.
3693	3693	(b) A regulatory agency may not adopt a rule or impose a
3694	3694	condition that circumvents the purpose of this chapter. (Acts 74th
3695	3695	Leg., R.S., Ch. 219, Secs. 2, 11.)
3696	3696	Sec. 1101.003. DEFINITIONS. (a) In this chapter:
3697	3697	(1) "Acquisition closing date" means the date on which
3698	3698	ownership of, or a direct or indirect majority interest in the
3699	3699	ownership of, a regulated facility or operation is acquired in an
3700	3700	asset purchase, equity purchase, merger, or similar transaction.
3701	3701	(2) "Audit report" means an audit report described by
3702	3702	Section 1101.051.
3703	3703	(3) "Environmental or health and safety audit" or
3704	3704	"audit" means a systematic voluntary evaluation, review, or
3705	3705	assessment of compliance with environmental or health and safety
3706	3706	laws or with any permit issued under an environmental or health and
3707	3707	safety law conducted by an owner or operator, an employee of an
3708	3708	owner or operator, a person, including an employee or independent
3709	3709	contractor of the person, that is considering the acquisition of a
3710	3710	regulated facility or operation, or an independent contractor of:
3711	3711	(A) a regulated facility or operation; or
3712	3712	(B) an activity at a regulated facility or
3713	3713	operation.
3714	3714	(4) "Environmental or health and safety law" means:
3715	3715	(A) a federal or state environmental or
3716	3716	occupational health and safety law; or
3717	3717	(B) a rule, regulation, or regional or local law
3718	3718	adopted in conjunction with a law described by Paragraph (A).
3719	3719	(5) "Owner or operator" means a person who owns or
3720	3720	operates a regulated facility or operation.
3721	3721	(6) "Penalty" means an administrative, civil, or
3722	3722	criminal sanction imposed by the state to punish a person for a
3723	3723	violation of a statute or rule. The term does not include a
3724	3724	technical or remedial provision ordered by a regulatory authority.
3725	3725	(7) "Regulated facility or operation" means a facility
3726	3726	or operation that is regulated under an environmental or health and
3727	3727	safety law.
3728	3728	(b) A person acts intentionally for purposes of this chapter
3729	3729	if the person acts intentionally within the meaning of Section
3730	3730	6.03, Penal Code.
3731	3731	(c) For purposes of this chapter, a person acts knowingly,
3732	3732	or with knowledge, with respect to the nature of the person's
3733	3733	conduct when the person is aware of the person's physical acts. A
3734	3734	person acts knowingly, or with knowledge, with respect to the
3735	3735	result of the person's conduct when the person is aware that the
3736	3736	conduct will cause the result.
3737	3737	(d) A person acts recklessly or is reckless for purposes of
3738	3738	this chapter if the person acts recklessly or is reckless within the
3739	3739	meaning of Section 6.03, Penal Code.
3740	3740	(e) To fully implement the privilege established by this
3741	3741	chapter, the term "environmental or health and safety law" shall be
3742	3742	construed broadly. (Acts 74th Leg., R.S., Ch. 219, Sec. 3.)
3743	3743	Sec. 1101.004. APPLICABILITY. The privilege established
3744	3744	by this chapter applies to environmental or health and safety
3745	3745	audits that are conducted on or after May 23, 1995. (Acts 74th
3746	3746	Leg., R.S., Ch. 219, Sec. 12.)
3747	3747	Sec. 1101.005. RELATIONSHIP TO OTHER RECOGNIZED
3748	3748	PRIVILEGES. This chapter does not limit, waive, or abrogate the
3749	3749	scope or nature of any statutory or common law privilege, including
3750	3750	the work product doctrine and the attorney-client privilege. (Acts
3751	3751	74th Leg., R.S., Ch. 219, Sec. 13.)
3752	3752	SUBCHAPTER B. GENERAL AUDIT PROVISIONS
3753	3753	Sec. 1101.051. AUDIT REPORT. (a) An audit report is a
3754	3754	report that includes each document and communication, other than
3755	3755	those described by Section 1101.102, produced from an environmental
3756	3756	or health and safety audit.
3757	3757	(b) General components that may be contained in a completed
3758	3758	audit report include:
3759	3759	(1) a report prepared by an auditor, monitor, or
3760	3760	similar person, which may include:
3761	3761	(A) a description of the scope of the audit;
3762	3762	(B) the information gained in the audit and
3763	3763	findings, conclusions, and recommendations; and
3764	3764	(C) exhibits and appendices;
3765	3765	(2) memoranda and documents analyzing all or a portion
3766	3766	of the materials described by Subdivision (1) or discussing
3767	3767	implementation issues; and
3768	3768	(3) an implementation plan or tracking system to
3769	3769	correct past noncompliance, improve current compliance, or prevent
3770	3770	future noncompliance.
3771	3771	(c) The types of exhibits and appendices that may be
3772	3772	contained in an audit report include supporting information that is
3773	3773	collected or developed for the primary purpose of and in the course
3774	3774	of an environmental or health and safety audit, including:
3775	3775	(1) interviews with current or former employees;
3776	3776	(2) field notes and records of observations;
3777	3777	(3) findings, opinions, suggestions, conclusions,
3778	3778	guidance, notes, drafts, and memoranda;
3779	3779	(4) legal analyses;
3780	3780	(5) drawings;
3781	3781	(6) photographs;
3782	3782	(7) laboratory analyses and other analytical data;
3783	3783	(8) computer-generated or electronically recorded
3784	3784	information;
3785	3785	(9) maps, charts, graphs, and surveys; and
3786	3786	(10) other communications associated with an
3787	3787	environmental or health and safety audit.
3788	3788	(d) To facilitate identification, each document in an audit
3789	3789	report should be labeled "COMPLIANCE REPORT: PRIVILEGED DOCUMENT"
3790	3790	or labeled with words of similar import. Failure to label a
3791	3791	document under this section does not constitute a waiver of the
3792	3792	privilege established by this chapter or create a presumption that
3793	3793	the privilege does or does not apply. (Acts 74th Leg., R.S., Ch.
3794	3794	219, Secs. 4(a), (b), (c), (d).)
3795	3795	Sec. 1101.052. PERIOD FOR COMPLETION OF AUDIT. (a) Unless
3796	3796	an extension is approved by the governmental entity with regulatory
3797	3797	authority over the regulated facility or operation based on
3798	3798	reasonable grounds, an environmental or health and safety audit
3799	3799	must be completed within a reasonable time not to exceed six months
3800	3800	after:
3801	3801	(1) the date the audit is initiated; or
3802	3802	(2) the acquisition closing date, if the person
3803	3803	continues the audit under Section 1101.053.
3804	3804	(b) Subsection (a)(1) does not apply to an environmental or
3805	3805	health and safety audit conducted before the acquisition closing
3806	3806	date by a person that is considering the acquisition of the
3807	3807	regulated facility or operation. (Acts 74th Leg., R.S., Ch. 219,
3808	3808	Secs. 4(e), (f).)
3809	3809	Sec. 1101.053. CONTINUATION OF AUDIT BEGUN BEFORE
3810	3810	ACQUISITION CLOSING DATE. A person that begins an environmental or
3811	3811	health and safety audit before becoming the owner of a regulated
3812	3812	facility or operation may continue the audit after the acquisition
3813	3813	closing date if the person gives notice under Section 1101.155.
3814	3814	(Acts 74th Leg., R.S., Ch. 219, Sec. 4(d-1).)
3815	3815	SUBCHAPTER C. PRIVILEGE
3816	3816	Sec. 1101.101. SCOPE OF PRIVILEGE. (a) An audit report is
3817	3817	privileged as provided by this section.
3818	3818	(b) Except as provided by Sections 1101.102, 1101.103, and
3819	3819	1101.104, any part of an audit report is privileged and is not
3820	3820	admissible as evidence or subject to discovery in:
3821	3821	(1) a civil action, whether legal or equitable; or
3822	3822	(2) an administrative proceeding.
3823	3823	(c) A person, when called or subpoenaed as a witness, may
3824	3824	not be compelled to testify or produce a document related to an
3825	3825	environmental or health and safety audit if:
3826	3826	(1) the testimony or document discloses any item
3827	3827	listed in Section 1101.051 that was made as part of the preparation
3828	3828	of an audit report and that is addressed in a privileged part of an
3829	3829	audit report; and
3830	3830	(2) the person is:
3831	3831	(A) a person who conducted any portion of the
3832	3832	audit but did not personally observe the physical events;
3833	3833	(B) a person to whom the audit results are
3834	3834	disclosed under Section 1101.103(b); or
3835	3835	(C) a custodian of the audit results.
3836	3836	(d) A person who conducts or participates in the preparation
3837	3837	of an environmental or health and safety audit and who has actually
3838	3838	observed physical events of violation may testify about those
3839	3839	events but may not be compelled to testify about or produce
3840	3840	documents related to the preparation of or any privileged part of an
3841	3841	environmental or health and safety audit or any item listed in
3842	3842	Section 1101.051.
3843	3843	(e) An employee of a state agency may not request, review,
3844	3844	or otherwise use an audit report during an agency inspection of a
3845	3845	regulated facility or operation or an activity of a regulated
3846	3846	facility or operation.
3847	3847	(f) A party asserting the privilege created by this section
3848	3848	has the burden of establishing the applicability of the privilege.
3849	3849	(Acts 74th Leg., R.S., Ch. 219, Sec. 5.)
3850	3850	Sec. 1101.102. NONPRIVILEGED MATERIALS. (a) The privilege
3851	3851	established by Section 1101.101 does not apply to:
3852	3852	(1) a document, communication, datum, or report or
3853	3853	other information required by a regulatory agency to be collected,
3854	3854	developed, maintained, or reported under a federal or state
3855	3855	environmental or health and safety law;
3856	3856	(2) information obtained by observation, sampling, or
3857	3857	monitoring by a regulatory agency; or
3858	3858	(3) information obtained from a source not involved in
3859	3859	the preparation of the audit report.
3860	3860	(b) This section does not limit the right of a person to
3861	3861	agree to conduct and disclose an audit report. (Acts 74th Leg.,
3862	3862	R.S., Ch. 219, Sec. 8.)
3863	3863	Sec. 1101.103. EXCEPTION: WAIVER. (a) The privilege
3864	3864	established by Section 1101.101 does not apply to the extent the
3865	3865	privilege is expressly waived by the owner or operator who prepared
3866	3866	the audit report or caused the report to be prepared.
3867	3867	(b) Disclosure of an audit report or any information
3868	3868	generated by an environmental or health and safety audit does not
3869	3869	waive the privilege established by Section 1101.101 if the
3870	3870	disclosure:
3871	3871	(1) is made to address or correct a matter raised by
3872	3872	the audit and is made only to:
3873	3873	(A) a person employed by the owner or operator,
3874	3874	including a temporary or contract employee;
3875	3875	(B) a legal representative of the owner or
3876	3876	operator;
3877	3877	(C) an officer or director of the regulated
3878	3878	facility or operation or a partner of the owner or operator;
3879	3879	(D) an independent contractor of the owner or
3880	3880	operator;
3881	3881	(E) a person considering the acquisition of the
3882	3882	regulated facility or operation that is the subject of the audit; or
3883	3883	(F) an employee, temporary employee, contract
3884	3884	employee, legal representative, officer, director, partner, or
3885	3885	independent contractor of a person described by Paragraph (E);
3886	3886	(2) is made under the terms of a confidentiality
3887	3887	agreement between the person for whom the audit report was prepared
3888	3888	or the owner or operator of the audited facility or operation and:
3889	3889	(A) a partner or potential partner of the owner
3890	3890	or operator of the facility or operation;
3891	3891	(B) a transferee or potential transferee of the
3892	3892	facility or operation;
3893	3893	(C) a lender or potential lender for the facility
3894	3894	or operation;
3895	3895	(D) a governmental official of a state; or
3896	3896	(E) a person engaged in the business of insuring,
3897	3897	underwriting, or indemnifying the facility or operation; or
3898	3898	(3) is made under a claim of confidentiality to a
3899	3899	governmental official or agency by the person for whom the audit
3900	3900	report was prepared or by the owner or operator.
3901	3901	(c) A party to a confidentiality agreement described by
3902	3902	Subsection (b)(2) who violates that agreement is liable for damages
3903	3903	caused by the disclosure and for any other penalties stipulated in
3904	3904	the confidentiality agreement.
3905	3905	(d) Information that is disclosed under Subsection (b)(3)
3906	3906	is confidential and is not subject to disclosure under Chapter 552,
3907	3907	Government Code. A public entity, public employee, or public
3908	3908	official who discloses information in violation of this subsection
3909	3909	is subject to any penalty provided by Chapter 552, Government Code.
3910	3910	It is an affirmative defense to the clerical dissemination of a
3911	3911	privileged audit report that the report was not clearly labeled
3912	3912	"COMPLIANCE REPORT: PRIVILEGED DOCUMENT" or labeled with words of
3913	3913	similar import. The lack of labeling may not be raised as a defense
3914	3914	if the entity, employee, or official knew or had reason to know that
3915	3915	the document was a privileged audit report.
3916	3916	(e) This section may not be construed to circumvent the
3917	3917	protections provided by federal or state law for individuals who
3918	3918	disclose information to law enforcement authorities. (Acts 74th
3919	3919	Leg., R.S., Ch. 219, Sec. 6.)
3920	3920	Sec. 1101.104. EXCEPTION: DISCLOSURE REQUIRED BY COURT OR
3921	3921	ADMINISTRATIVE HEARINGS OFFICIAL. (a) A court or administrative
3922	3922	hearings official with competent jurisdiction may require
3923	3923	disclosure of a portion of an audit report in a civil or
3924	3924	administrative proceeding if the court or administrative hearings
3925	3925	official determines, after an in camera review consistent with the
3926	3926	appropriate rules of procedure, that:
3927	3927	(1) the privilege is asserted for a fraudulent
3928	3928	purpose;
3929	3929	(2) the portion of the audit report is not subject to
3930	3930	the privilege by application of Section 1101.102; or
3931	3931	(3) the portion of the audit report shows evidence of
3932	3932	noncompliance with an environmental or health and safety law and
3933	3933	appropriate efforts to achieve compliance with the law were not
3934	3934	promptly initiated and pursued with reasonable diligence after
3935	3935	discovery of noncompliance.
3936	3936	(b) A party seeking disclosure under this section has the
3937	3937	burden of proving that Subsection (a)(1), (2), or (3) applies.
3938	3938	(c) Notwithstanding Chapter 2001, Government Code, a
3939	3939	decision of an administrative hearings official under Subsection
3940	3940	(a)(1), (2), or (3) of this section is directly appealable to a
3941	3941	court of competent jurisdiction without disclosure of the audit
3942	3942	report to any person unless so ordered by the court.
3943	3943	(d) A person claiming the privilege is subject to sanctions
3944	3944	as provided by Rule 215 of the Texas Rules of Civil Procedure or to a
3945	3945	fine not to exceed $10,000 if the court finds, consistent with
3946	3946	fundamental due process, that the person intentionally or knowingly
3947	3947	claimed the privilege for information that, by application of
3948	3948	Section 1101.102, is not subject to the privilege.
3949	3949	(e) A determination of a court under this section is subject
3950	3950	to interlocutory appeal to an appropriate appellate court. (Acts
3951	3951	74th Leg., R.S., Ch. 219, Sec. 7.)
3952	3952	Sec. 1101.105. REVIEW OF PRIVILEGED DOCUMENTS BY
3953	3953	GOVERNMENTAL AUTHORITY. (a) If an audit report is obtained,
3954	3954	reviewed, or used in a criminal proceeding, the administrative or
3955	3955	civil evidentiary privilege established by Section 1101.101 is not
3956	3956	waived or eliminated for any other purpose.
3957	3957	(b) Notwithstanding the privilege established by Section
3958	3958	1101.101, a regulatory agency may review information that is
3959	3959	required to be available under a specific state or federal law, but
3960	3960	that review does not waive or eliminate the administrative or civil
3961	3961	evidentiary privilege if applicable.
3962	3962	(c) If information is required to be available to the public
3963	3963	by operation of a specific state or federal law, the governmental
3964	3964	authority shall notify the person claiming the privilege of the
3965	3965	potential for public disclosure before obtaining the information
3966	3966	under Subsection (a) or (b).
3967	3967	(d) If privileged information is disclosed under Subsection
3968	3968	(b) or (c), on the motion of a party, a court or the appropriate
3969	3969	administrative official shall suppress evidence offered in any
3970	3970	civil or administrative proceeding that arises or is derived from
3971	3971	review, disclosure, or use of information obtained under this
3972	3972	section unless the review, disclosure, or use is authorized under
3973	3973	Section 1101.102. A party having received information under
3974	3974	Subsection (b) or (c) has the burden of proving that the evidence
3975	3975	offered did not arise and was not derived from the review of
3976	3976	privileged information. (Acts 74th Leg., R.S., Ch. 219, Sec. 9.)
3977	3977	SUBCHAPTER D. VOLUNTARY DISCLOSURE; IMMUNITY
3978	3978	Sec. 1101.151. IMMUNITY FOR VIOLATION VOLUNTARILY
3979	3979	DISCLOSED. Except as otherwise provided by this subchapter, a
3980	3980	person who makes a voluntary disclosure of a violation of an
3981	3981	environmental or health and safety law is immune from an
3982	3982	administrative or civil penalty for the violation disclosed. (Acts
3983	3983	74th Leg., R.S., Ch. 219, Sec. 10(a).)
3984	3984	Sec. 1101.152. NATURE OF VOLUNTARY DISCLOSURE. (a) A
3985	3985	disclosure is voluntary for purposes of this subchapter only if:
3986	3986	(1) the disclosure was made:
3987	3987	(A) promptly after knowledge of the information
3988	3988	disclosed is obtained by the person making the disclosure; or
3989	3989	(B) not later than the 45th day after the
3990	3990	acquisition closing date, if the violation was discovered during an
3991	3991	audit conducted before the acquisition closing date by a person
3992	3992	considering the acquisition of the regulated facility or operation;
3993	3993	(2) the disclosure was made in writing by certified
3994	3994	mail to an agency that has regulatory authority with regard to the
3995	3995	violation disclosed;
3996	3996	(3) an investigation of the violation was not
3997	3997	initiated or the violation was not independently detected by an
3998	3998	agency with enforcement jurisdiction before the disclosure was made
3999	3999	using certified mail;
4000	4000	(4) the disclosure arises out of a voluntary
4001	4001	environmental or health and safety audit;
4002	4002	(5) the person making the disclosure initiates an
4003	4003	appropriate effort to achieve compliance, pursues that effort with
4004	4004	due diligence, and corrects the noncompliance within a reasonable
4005	4005	time;
4006	4006	(6) the person making the disclosure cooperates with
4007	4007	the appropriate agency in connection with an investigation of the
4008	4008	issues identified in the disclosure; and
4009	4009	(7) the violation did not result in:
4010	4010	(A) injury or imminent and substantial risk of
4011	4011	serious injury to one or more persons at the site; or
4012	4012	(B) off-site substantial actual harm or imminent
4013	4013	and substantial risk of harm to persons, property, or the
4014	4014	environment.
4015	4015	(b) For a disclosure described by Subsection (a)(1)(B), the
4016	4016	person making the disclosure must certify in the disclosure that
4017	4017	before the acquisition closing date:
4018	4018	(1) the person was not responsible for the
4019	4019	environmental, health, or safety compliance at the regulated
4020	4020	facility or operation that is subject to the disclosure;
4021	4021	(2) the person did not have the largest ownership
4022	4022	share of the seller;
4023	4023	(3) the seller did not have the largest ownership
4024	4024	share of the person; and
4025	4025	(4) the person and the seller did not have a common
4026	4026	corporate parent or a common majority interest owner.
4027	4027	(c) A disclosure is not voluntary for purposes of this
4028	4028	subchapter if the disclosure is a report to a regulatory agency
4029	4029	required solely by a specific condition of an enforcement order or
4030	4030	decree. (Acts 74th Leg., R.S., Ch. 219, Secs. 10(b), (b-1), (c).)
4031	4031	Sec. 1101.153. BURDEN OF PROOF WITH RESPECT TO VOLUNTARY
4032	4032	DISCLOSURE. (a) In a civil or administrative enforcement action
4033	4033	brought against a person for a violation for which the person claims
4034	4034	to have made a voluntary disclosure, the person claiming the
4035	4035	immunity created by this subchapter has the burden of establishing
4036	4036	a prima facie case that the disclosure was voluntary.
4037	4037	(b) After the person claiming the immunity establishes a
4038	4038	prima facie case of voluntary disclosure, other than a case in which
4039	4039	immunity does not apply under Section 1101.157, the enforcement
4040	4040	authority has the burden of rebutting the presumption by a
4041	4041	preponderance of the evidence. (Acts 74th Leg., R.S., Ch. 219, Sec.
4042	4042	10(f).)
4043	4043	Sec. 1101.154. NOTICE REQUIREMENT. (a) This section does
4044	4044	not apply to an environmental or health and safety audit conducted
4045	4045	before the acquisition closing date by a person considering the
4046	4046	acquisition of the regulated facility or operation that is the
4047	4047	subject of the audit.
4048	4048	(b) To receive immunity under this subchapter, a facility
4049	4049	conducting an environmental or health and safety audit under this
4050	4050	chapter must provide notice to an appropriate regulatory agency of
4051	4051	the fact that it is planning to begin the audit.
4052	4052	(c) The notice must specify:
4053	4053	(1) the facility or portion of the facility to be
4054	4054	audited;
4055	4055	(2) the anticipated time the audit will begin; and
4056	4056	(3) the general scope of the audit.
4057	4057	(d) The notice may provide notification of more than one
4058	4058	scheduled environmental or health and safety audit at a time. (Acts
4059	4059	74th Leg., R.S., Ch. 219, Sec. 10(g).)
4060	4060	Sec. 1101.155. NOTICE REQUIREMENT FOR CERTAIN AUDITS BEGUN
4061	4061	BEFORE ACQUISITION CLOSING DATE. (a) A person that begins an
4062	4062	environmental or health and safety audit before becoming the owner
4063	4063	of the regulated facility or operation that is the subject of the
4064	4064	audit may continue the audit after the acquisition closing date if,
4065	4065	not later than the 45th day after the acquisition closing date, the
4066	4066	person provides notice to an appropriate regulatory agency of the
4067	4067	fact that the person intends to continue an ongoing audit.
4068	4068	(b) The notice must specify:
4069	4069	(1) the facility or portion of the facility being
4070	4070	audited;
4071	4071	(2) the date the audit began; and
4072	4072	(3) the general scope of the audit.
4073	4073	(c) The person must certify in the notice that before the
4074	4074	acquisition closing date:
4075	4075	(1) the person was not responsible for the scope of the
4076	4076	environmental, health, or safety compliance being audited at the
4077	4077	regulated facility or operation;
4078	4078	(2) the person did not have the largest ownership
4079	4079	share of the seller;
4080	4080	(3) the seller did not have the largest ownership
4081	4081	share of the person; and
4082	4082	(4) the person and the seller did not have a common
4083	4083	corporate parent or a common majority interest owner. (Acts 74th
4084	4084	Leg., R.S., Ch. 219, Sec. 10(g-1).)
4085	4085	Sec. 1101.156. IDENTIFICATION OF VIOLATION IN COMPLIANCE
4086	4086	HISTORY REPORT. A violation that has been voluntarily disclosed
4087	4087	and to which immunity applies under this subchapter must be
4088	4088	identified in a compliance history report as being voluntarily
4089	4089	disclosed. (Acts 74th Leg., R.S., Ch. 219, Sec. 10(i).)
4090	4090	Sec. 1101.157. EXCEPTION TO IMMUNITY: CERTAIN VIOLATIONS
4091	4091	AND OFFENSES; IMPOSITION OF PENALTY; MITIGATING FACTORS. (a) The
4092	4092	immunity established by this subchapter does not apply and an
4093	4093	administrative or civil penalty may be imposed under applicable law
4094	4094	if:
4095	4095	(1) the person who made the disclosure intentionally
4096	4096	or knowingly committed or was responsible within the meaning of
4097	4097	Section 7.02, Penal Code, for the commission of the disclosed
4098	4098	violation;
4099	4099	(2) the person who made the disclosure recklessly
4100	4100	committed or was responsible within the meaning of Section 7.02,
4101	4101	Penal Code, for the commission of the disclosed violation and the
4102	4102	violation resulted in substantial injury to one or more persons at
4103	4103	the site or off-site harm to persons, property, or the environment;
4104	4104	(3) the offense was committed intentionally or
4105	4105	knowingly by a member of the person's management or an agent of the
4106	4106	person and the person's policies or lack of prevention systems
4107	4107	contributed materially to the occurrence of the violation;
4108	4108	(4) the offense was committed recklessly by a member
4109	4109	of the person's management or an agent of the person, the person's
4110	4110	policies or lack of prevention systems contributed materially to
4111	4111	the occurrence of the violation, and the violation resulted in
4112	4112	substantial injury to one or more persons at the site or off-site
4113	4113	harm to persons, property, or the environment; or
4114	4114	(5) the violation has resulted in a substantial
4115	4115	economic benefit that gives the violator a clear advantage over its
4116	4116	business competitors.
4117	4117	(b) A penalty that is imposed under Subsection (a) should,
4118	4118	to the extent appropriate, be mitigated by factors such as:
4119	4119	(1) the voluntariness of the disclosure;
4120	4120	(2) efforts by the disclosing party to conduct
4121	4121	environmental or health and safety audits;
4122	4122	(3) remediation;
4123	4123	(4) cooperation with government officials
4124	4124	investigating the disclosed violation;
4125	4125	(5) the period of ownership of the regulated facility
4126	4126	or operation; or
4127	4127	(6) other relevant considerations. (Acts 74th Leg.,
4128	4128	R.S., Ch. 219, Secs. 10(d), (e).)
4129	4129	Sec. 1101.158. EXCEPTION TO IMMUNITY: VIOLATIONS THAT
4130	4130	CONSTITUTE PATTERN OF DISREGARD OF ENVIRONMENTAL OR HEALTH AND
4131	4131	SAFETY LAWS. (a) The immunity established by this subchapter does
4132	4132	not apply if a court or administrative law judge finds that the
4133	4133	person claiming the immunity has, after May 23, 1995, repeatedly or
4134	4134	continuously committed significant violations and not attempted to
4135	4135	bring the facility or operation into compliance, so as to
4136	4136	constitute a pattern of disregard of environmental or health and
4137	4137	safety laws.
4138	4138	(b) For violations committed by a person to be considered a
4139	4139	"pattern" under Subsection (a), the person must have committed a
4140	4140	series of violations that were due to separate and distinct events
4141	4141	occurring within a three-year period at the same facility or
4142	4142	operation. (Acts 74th Leg., R.S., Ch. 219, Sec. 10(h).)
4143	4143	(b) The Texas Environmental, Health, and Safety Audit
4144	4144	Privilege Act (Article 4447cc, Vernon's Texas Civil Statutes) is
4145	4145	repealed.
4146	4146	(c) Section 552.125, Government Code, is amended to read as
4147	4147	follows:
4148	4148	Sec. 552.125. EXCEPTION: CERTAIN AUDITS. Any documents or
4149	4149	information privileged under Chapter 1101, Health and Safety Code,
4150	4150	[the Texas Environmental, Health, and Safety Audit Privilege Act]
4151	4151	are excepted from the requirements of Section 552.021.
4152	4152	(d) Section 5.125(a), Water Code, is amended to read as
4153	4153	follows:
4154	4154	(a) In this section, "environmental compliance assessment"
4155	4155	means an environmental compliance audit, pollution prevention
4156	4156	assessment, or environmental management system audit performed by a
4157	4157	small business. The term does not include an audit conducted under
4158	4158	Chapter 1101, Health and Safety Code [the Texas Environmental,
4159	4159	Health, and Safety Audit Privilege Act (Article 4447cc, Vernon's
4160	4160	Texas Civil Statutes)].
4161	4161	SECTION 20.003. Section 2, Chapter 7 (S.B. 80), Acts of the
4162	4162	69th Legislature, Regular Session, 1985 (Article 6819a-55,
4163	4163	Vernon's Texas Civil Statutes), is repealed as executed.
4164	4164	SECTION 20.004. (a) Subtitle C, Title 10, Local Government
4165	4165	Code, is amended to codify the Cultural Education Facilities
4166	4166	Finance Corporation Act (Article 1528m, Vernon's Texas Civil
4167	4167	Statutes) by adding Chapter 337 to read as follows:
4168	4168	CHAPTER 337. CULTURAL EDUCATION FACILITIES FINANCE CORPORATION
4169	4169	SUBCHAPTER A. GENERAL PROVISIONS
4170	4170	Sec. 337.001. SHORT TITLE. This chapter may be cited as the
4171	4171	Cultural Education Facilities Finance Corporation Act. (Acts 69th
4172	4172	Leg., R.S., Ch. 635, Sec. 1.)
4173	4173	Sec. 337.002. LEGISLATIVE FINDINGS. The legislature finds
4174	4174	that:
4175	4175	(1) the health, education, and general welfare of the
4176	4176	people of this state require the development of new and expanded
4177	4177	cultural and community facilities for the purpose of:
4178	4178	(A) exhibition and promotion of and education
4179	4179	about:
4180	4180	(i) performing, dramatic, visual, and
4181	4181	literary arts;
4182	4182	(ii) culture and history of races, ethnic
4183	4183	groups, and national heritage groups; and
4184	4184	(iii) history, natural history, and
4185	4185	science;
4186	4186	(B) promotion of and education about health and
4187	4187	physical fitness, public health and safety, conservation and
4188	4188	preservation of the environment or natural resources, child care,
4189	4189	adoption, children's services, substance abuse counseling, family
4190	4190	counseling, and care of persons who are elderly or have
4191	4191	disabilities;
4192	4192	(C) administration of the provision and granting
4193	4193	of charitable services and grants in accomplishment of the purposes
4194	4194	described by Paragraph (B);
4195	4195	(D) promotion of and education about activities
4196	4196	devoted to general cultural improvement, including scouting
4197	4197	programs and programs by which agencies seek to provide facilities
4198	4198	for retreats in urban or rural settings;
4199	4199	(E) support of agencies devoted to the
4200	4200	eradication, elimination, or amelioration of one or more diseases
4201	4201	or afflictions affecting health or improving the condition of
4202	4202	individuals or groups within a community; and
4203	4203	(F) provision of public health and safety and
4204	4204	charitable services to communities in times of catastrophe or
4205	4205	disaster;
4206	4206	(2) the existence, development, and expansion of
4207	4207	cultural facilities are essential to the continuing education,
4208	4208	health, general welfare, and comfort of the citizens of this state;
4209	4209	(3) the means and measures authorized and the
4210	4210	assistance provided by this chapter are in the public interest and
4211	4211	serve a public purpose in promoting the health, education, and
4212	4212	general welfare of the people of this state by securing and
4213	4213	maintaining cultural facilities and the resulting advancement of
4214	4214	culture and civilization;
4215	4215	(4) qualified cultural organizations in this state
4216	4216	have invested substantial funds in useful and beneficial cultural
4217	4217	facilities and have experienced difficulty in undertaking
4218	4218	additional projects because of:
4219	4219	(A) the partial inadequacy of their own funds or
4220	4220	of funds potentially available from local subscription sources; and
4221	4221	(B) limitations of local financial institutions
4222	4222	in providing necessary financing for these facilities;
4223	4223	(5) qualified nonprofit corporations in this state
4224	4224	have invested substantial funds in useful and beneficial cultural
4225	4225	facilities and have experienced difficulty in undertaking
4226	4226	additional projects because of:
4227	4227	(A) the inadequacy of their own funds or of funds
4228	4228	potentially available from local subscription sources; and
4229	4229	(B) limitations of local financial institutions
4230	4230	in providing necessary financing for these facilities; and
4231	4231	(6) the enactment of this chapter will:
4232	4232	(A) secure for present and future generations the
4233	4233	benefits and nurturance derived from these cultural facilities; and
4234	4234	(B) enhance the public health and welfare of
4235	4235	communities receiving the benefit of the cultural facilities.
4236	4236	(Acts 69th Leg., R.S., Ch. 635, Sec. 2(a).)
4237	4237	Sec. 337.003. CONSTRUCTION. (a) This chapter shall be
4238	4238	liberally construed to carry out the intention of the legislature.
4239	4239	(b) If this chapter conflicts with a provision of another
4240	4240	law, this chapter prevails.
4241	4241	(c) It is the intent of the legislature that a corporation
4242	4242	authorized under this chapter is a public corporation, constituted
4243	4243	authority, and instrumentality authorized to issue bonds on behalf
4244	4244	of the municipality or county on behalf of which the corporation is
4245	4245	created, all within the meaning of Section 103, Internal Revenue
4246	4246	Code of 1986, and the regulations adopted and rulings issued under
4247	4247	that section, and this chapter shall be construed accordingly.
4248	4248	(Acts 69th Leg., R.S., Ch. 635, Secs. 2(b), 5(a), (b) (part).)
4249	4249	Sec. 337.004. DEFINITIONS. In this chapter:
4250	4250	(1) "Board" means the board of directors of a
4251	4251	corporation.
4252	4252	(2) "Bond" means a bond, note, interim certificate, or
4253	4253	other evidence of indebtedness of a corporation issued under this
4254	4254	chapter.
4255	4255	(3) "Corporation" means a cultural education
4256	4256	facilities finance corporation created under this chapter.
4257	4257	(4) "Cost," as applied to a cultural facility, means
4258	4258	the cost of the cultural facility, including:
4259	4259	(A) the cost of the acquisition of land or a
4260	4260	right-of-way, an option to purchase land, an easement, a leasehold
4261	4261	estate in land, or another interest in land related to the cultural
4262	4262	facility;
4263	4263	(B) the cost of acquisition, construction,
4264	4264	repair, renovation, remodeling, or improvement of a building or
4265	4265	structure to be used as or in conjunction with the cultural
4266	4266	facility;
4267	4267	(C) the cost of site preparation, including the
4268	4268	cost of demolishing or removing a building or structure the removal
4269	4269	of which is necessary or incident to providing the cultural
4270	4270	facility;
4271	4271	(D) the cost of architectural, engineering,
4272	4272	legal, and related services; the cost of the preparation of a plan,
4273	4273	specification, study, survey, or estimate of cost and revenue; and
4274	4274	other expenses necessary or incident to planning, providing, or
4275	4275	determining the feasibility and practicability of the cultural
4276	4276	facility;
4277	4277	(E) the cost of machinery, equipment,
4278	4278	furnishings, and facilities necessary or incident to the equipping
4279	4279	of the cultural facility so that the cultural facility may be placed
4280	4280	in operation;
4281	4281	(F) the cost of finance charges, interest,
4282	4282	marketing, and start-up of the cultural facility before and during
4283	4283	construction and for not more than two years after completion of
4284	4284	construction;
4285	4285	(G) costs paid or incurred in connection with the
4286	4286	financing of the cultural facility, including out-of-pocket
4287	4287	expenses; bond insurance; a letter of credit, standby bond
4288	4288	purchase agreement, or liquidity facility; financing, legal,
4289	4289	accounting, financial advisory, and appraisal fees; expenses and
4290	4290	disbursements; a policy of title insurance; printing, engraving,
4291	4291	and reproduction services; and the initial or acceptance fee of a
4292	4292	trustee, paying agent, remarketing agent, tender agent, or indexing
4293	4293	agent; and
4294	4294	(H) direct and indirect costs of the corporation
4295	4295	incurred in connection with providing the cultural facility,
4296	4296	including reasonable sums to reimburse the corporation for time
4297	4297	spent by the corporation's agents or employees in providing and
4298	4298	financing the cultural facility.
4299	4299	(5) "Cultural facility" means any capital expenditure
4300	4300	by a user. The term includes:
4301	4301	(A) real property or an interest in real
4302	4302	property, including buildings and improvements, or equipment,
4303	4303	furnishings, or other personal property that:
4304	4304	(i) is found by the board to be necessary or
4305	4305	convenient to finance, refinance, acquire, construct, enlarge,
4306	4306	remodel, renovate, improve, furnish, or equip for cultural
4307	4307	education or community benefit;
4308	4308	(ii) is made available for use by the
4309	4309	general public, the user, or a community group; and
4310	4310	(iii) is used for a purpose described by
4311	4311	Section 337.002(1);
4312	4312	(B) a facility in which any of the following
4313	4313	entities engage in any activity in which the entity is permitted to
4314	4314	engage:
4315	4315	(i) a nonprofit corporation exempt from the
4316	4316	franchise tax under Section 171.063, Tax Code;
4317	4317	(ii) an organization described in Section
4318	4318	11.18, Tax Code; or
4319	4319	(iii) an organization described in Section
4320	4320	501(c)(3), Internal Revenue Code of 1986; and
4321	4321	(C) facilities incidental, subordinate, or
4322	4322	related to or appropriate in connection with property described by
4323	4323	Paragraph (A) or (B), regardless of the date of construction or
4324	4324	acquisition.
4325	4325	(6) "Furnishings" include works of art, books,
4326	4326	artifacts, scientific instruments, stage sets, musical scores,
4327	4327	collections, and other property necessary or useful for the
4328	4328	purposes of the cultural facility.
4329	4329	(7) "User" means a nonprofit corporation exempt from
4330	4330	the franchise tax under Section 171.063, Tax Code, an organization
4331	4331	described in Section 11.18, Tax Code, or an organization described
4332	4332	in Section 501(c)(3), Internal Revenue Code of 1986, that will own,
4333	4333	use, operate, or develop a cultural facility after the financing,
4334	4334	acquisition, or construction of the cultural facility. (Acts 69th
4335	4335	Leg., R.S., Ch. 635, Secs. 3(1), (2), (3), (4), (5), (8), (9).)
4336	4336	Sec. 337.005. ADOPTION OF ALTERNATE PROCEDURE. If a
4337	4337	procedure under this chapter is held by a court to be
4338	4338	unconstitutional, a corporation by resolution may provide an
4339	4339	alternate procedure conforming to the constitution. (Acts 69th
4340	4340	Leg., R.S., Ch. 635, Sec. 5(b) (part).)
4341	4341	SUBCHAPTER B. CREATION AND OPERATION OF CORPORATION
4342	4342	Sec. 337.011. AUTHORITY TO CREATE. (a) A municipality or
4343	4343	county may create a nonmember, nonstock, public, cultural
4344	4344	educational facilities finance corporation for the sole purpose of
4345	4345	acquiring, constructing, providing, improving, financing, and
4346	4346	refinancing cultural facilities for the public purposes stated in
4347	4347	this chapter.
4348	4348	(b) The municipality or county shall create and organize the
4349	4349	corporation in the same manner as a health facilities development
4350	4350	corporation is created and organized under Chapter 221, Health and
4351	4351	Safety Code. (Acts 69th Leg., R.S., Ch. 635, Secs. 4(a), (b)
4352	4352	(part).)
4353	4353	Sec. 337.012. GENERAL POWERS. (a) A corporation has the
4354	4354	same powers, authority, and rights:
4355	4355	(1) with respect to cultural facilities and health
4356	4356	facilities that a health facilities development corporation has
4357	4357	with respect to health facilities under Chapter 221, Health and
4358	4358	Safety Code; and
4359	4359	(2) with respect to educational facilities, housing
4360	4360	facilities, and other facilities incidental, subordinate, or
4361	4361	related to those facilities that a nonprofit corporation created
4362	4362	under Section 53.35(b), Education Code, or an authority created
4363	4363	under Section 53.11, Education Code, has under Chapter 53,
4364	4364	Education Code.
4365	4365	(b) Except as provided by this chapter, a corporation has
4366	4366	the same rights and powers as a corporation organized under the
4367	4367	former Texas Non-Profit Corporation Act (Article 1396-1.01 et seq.,
4368	4368	Vernon's Texas Civil Statutes) or formed under the Texas Nonprofit
4369	4369	Corporation Law, as described by Section 1.008(d), Business
4370	4370	Organizations Code.
4371	4371	(c) The powers of a corporation under Subsection (a) include
4372	4372	the power to:
4373	4373	(1) acquire, purchase, lease, mortgage, and convey
4374	4374	property with respect to a facility;
4375	4375	(2) borrow money by issuing bonds, notes, and other
4376	4376	obligations;
4377	4377	(3) lend money for the corporation's corporate
4378	4378	purposes;
4379	4379	(4) invest and reinvest the corporation's funds; and
4380	4380	(5) secure the corporation's bonds, notes, and
4381	4381	obligations by mortgaging, pledging, assigning, or otherwise
4382	4382	encumbering the corporation's property or assets.
4383	4383	(d) Except as otherwise provided by this chapter, any bonds,
4384	4384	notes, or other obligations authorized under Subsection (c) must be
4385	4385	issued in accordance with Chapter 1201, Government Code. (Acts
4386	4386	69th Leg., R.S., Ch. 635, Secs. 4(b) (part), (c), 5(c).)
4387	4387	Sec. 337.013. SCOPE OF AUTHORITY. (a) Notwithstanding any
4388	4388	provision of Chapter 221, Health and Safety Code, or Chapter 53,
4389	4389	Education Code, a corporation may exercise:
4390	4390	(1) the authority of the corporation inside or outside
4391	4391	the limits of:
4392	4392	(A) the municipality that created the
4393	4393	corporation if the municipality is located in a county with a
4394	4394	population of more than 300,000; or
4395	4395	(B) the county that created the corporation if
4396	4396	the county has a population of more than 300,000; and
4397	4397	(2) the powers of the corporation on behalf of a user
4398	4398	outside of this state if the user also conducts lawful activities in
4399	4399	this state.
4400	4400	(b) A corporation may exercise the authority of the
4401	4401	corporation without the consent or other action of any person that
4402	4402	would otherwise be required under Chapter 221, Health and Safety
4403	4403	Code, or Chapter 53, Education Code, unless the articles of
4404	4404	incorporation or bylaws of the corporation provide differently.
4405	4405	(Acts 69th Leg., R.S., Ch. 635, Secs. 4(d) (part), (e).)
4406	4406	Sec. 337.014. LIMITATION ON AUTHORITY. The authority of a
4407	4407	corporation may not preempt the police powers of any sponsoring
4408	4408	entity or any other laws regulating or empowering sponsoring
4409	4409	entities to regulate the activities of the corporation. (Acts 69th
4410	4410	Leg., R.S., Ch. 635, Sec. 4(d) (part).)
4411	4411	Sec. 337.015. LIMITATION ON CORPORATE PURPOSES. (a) A
4412	4412	municipality or county that creates a corporation may limit the
4413	4413	corporation's purposes in the proceedings directing the creation of
4414	4414	the corporation by prohibiting the corporation from financing
4415	4415	particular types of cultural facilities, including a cultural
4416	4416	facility to be used for a purpose specified in the proceedings.
4417	4417	(b) As a condition of providing financing, a corporation may
4418	4418	restrict a person receiving financing from using a cultural
4419	4419	facility for a particular purpose.
4420	4420	(c) A restriction imposed by a municipality or county on a
4421	4421	corporation may be enforced by the governing body of the sponsoring
4422	4422	entity by injunction or mandamus.
4423	4423	(d) A violation of a restriction by a corporation may not
4424	4424	impair the validity of an obligation incurred by the corporation.
4425	4425	(Acts 69th Leg., R.S., Ch. 635, Sec. 4A.)
4426	4426	(b) The Cultural Education Facilities Finance Corporation
4427	4427	Act (Article 1528m, Vernon's Texas Civil Statutes) is repealed.
4428	4428	ARTICLE 21. NONSUBSTANTIVE REVISION OF SUBCHAPTER E, CHAPTER 39,
4429	4429	AND SECTION 39.152, EDUCATION CODE: PROVISIONS RELATING TO PUBLIC
4430	4430	SCHOOL ACCOUNTABILITY INTERVENTIONS AND SANCTIONS
4431	4431	SECTION 21.001. Subtitle H, Title 2, Education Code, is
4432	4432	amended by adding Chapter 39A to read as follows:
4433	4433	CHAPTER 39A. ACCOUNTABILITY INTERVENTIONS AND SANCTIONS
4434	4434	SUBCHAPTER A. INTERVENTIONS AND SANCTIONS FOR SCHOOL DISTRICTS
4435	4435	Sec. 39A.001. GROUNDS FOR COMMISSIONER ACTION. The
4436	4436	commissioner shall take any of the actions authorized by this
4437	4437	subchapter to the extent the commissioner determines necessary if:
4438	4438	(1) a school district does not satisfy:
4439	4439	(A) the accreditation criteria under Section
4440	4440	39.052;
4441	4441	(B) the academic performance standards under
4442	4442	Section 39.053 or 39.054; or
4443	4443	(C) any financial accountability standard as
4444	4444	determined by commissioner rule; or
4445	4445	(2) the commissioner considers the action to be
4446	4446	appropriate on the basis of a special accreditation investigation
4447	4447	under Section 39.057. (Ed. Code, Sec. 39.102(a) (part).)
4448	4448	Sec. 39A.002. AUTHORIZED COMMISSIONER ACTIONS. If a school
4449	4449	district is subject to commissioner action under Section 39A.001,
4450	4450	the commissioner may:
4451	4451	(1) issue public notice of the deficiency to the board
4452	4452	of trustees of the district;
4453	4453	(2) order a hearing to be conducted by the board of
4454	4454	trustees of the district to notify the public of:
4455	4455	(A) the insufficient performance;
4456	4456	(B) the improvements in performance expected by
4457	4457	the agency; and
4458	4458	(C) the interventions and sanctions that may be
4459	4459	imposed under this subchapter if the performance does not improve;
4460	4460	(3) order the preparation of a student achievement
4461	4461	improvement plan that addresses each academic achievement
4462	4462	indicator under Section 39.053(c) for which the district's
4463	4463	performance is insufficient, the submission of the plan to the
4464	4464	commissioner for approval, and the implementation of the plan;
4465	4465	(4) order a hearing to be held before the commissioner
4466	4466	or the commissioner's designee at which the president of the board
4467	4467	of trustees of the district and the district's superintendent shall
4468	4468	appear and explain the district's low performance, lack of
4469	4469	improvement, and plans for improvement;
4470	4470	(5) arrange a monitoring review of the district;
4471	4471	(6) appoint an agency monitor to participate in and
4472	4472	report to the agency on the activities of the board of trustees of
4473	4473	the district or superintendent;
4474	4474	(7) appoint a conservator to oversee the operations of
4475	4475	the district; or
4476	4476	(8) appoint a management team to direct the operations
4477	4477	of the district in areas of insufficient performance or require the
4478	4478	district to obtain certain services under a contract with another
4479	4479	person. (Ed. Code, Sec. 39.102(a) (part).)
4480	4480	Sec. 39A.003. POWERS AND DUTIES OF CONSERVATOR OR
4481	4481	MANAGEMENT TEAM. (a) The commissioner shall clearly define the
4482	4482	powers and duties of a conservator or management team appointed to
4483	4483	oversee the operations of a school district.
4484	4484	(b) At least every 90 days, the commissioner shall review
4485	4485	the need for the conservator or management team and shall remove the
4486	4486	conservator or management team unless the commissioner determines
4487	4487	that continued appointment is necessary for effective governance of
4488	4488	the school district or delivery of instructional services.
4489	4489	(c) A conservator or management team, if directed by the
4490	4490	commissioner, shall prepare a plan for the implementation of the
4491	4491	appointment of a board of managers under Section 39A.004 or the
4492	4492	revocation of accreditation under Section 39A.005. The conservator
4493	4493	or management team:
4494	4494	(1) may direct an action to be taken by the principal
4495	4495	of a campus, the superintendent of the school district, or the board
4496	4496	of trustees of the district;
4497	4497	(2) may approve or disapprove any action of the
4498	4498	principal of a campus, the superintendent of the district, or the
4499	4499	board of trustees of the district;
4500	4500	(3) may not take any action concerning a district
4501	4501	election, including ordering or canceling an election or altering
4502	4502	the date of or the polling places for an election;
4503	4503	(4) may not change the number of or method of selecting
4504	4504	the board of trustees;
4505	4505	(5) may not set a tax rate for the district; and
4506	4506	(6) may not adopt a budget for the district that
4507	4507	provides for spending a different amount, exclusive of required
4508	4508	debt service, from that previously adopted by the board of
4509	4509	trustees. (Ed. Code, Sec. 39.111.)
4510	4510	Sec. 39A.004. APPOINTMENT OF BOARD OF MANAGERS. The
4511	4511	commissioner may appoint a board of managers to exercise the powers
4512	4512	and duties of a school district's board of trustees if the district
4513	4513	is subject to commissioner action under Section 39A.001 and:
4514	4514	(1) has a current accreditation status of
4515	4515	accredited-warned or accredited-probation;
4516	4516	(2) fails to satisfy any standard under Section
4517	4517	39.054(e); or
4518	4518	(3) fails to satisfy financial accountability
4519	4519	standards as determined by commissioner rule. (Ed. Code, Sec.
4520	4520	39.102(a) (part).)
4521	4521	Sec. 39A.005. REVOCATION OF SCHOOL DISTRICT ACCREDITATION.
4522	4522	(a) This section applies to a school district if the district is
4523	4523	subject to commissioner action under Section 39A.001, and for two
4524	4524	consecutive school years, including the current school year, the
4525	4525	district has:
4526	4526	(1) received an accreditation status of
4527	4527	accredited-warned or accredited-probation;
4528	4528	(2) failed to satisfy any standard under Section
4529	4529	39.054(e); or
4530	4530	(3) failed to satisfy financial accountability
4531	4531	standards as determined by commissioner rule.
4532	4532	(b) The commissioner may revoke the accreditation of a
4533	4533	school district subject to this section and:
4534	4534	(1) order closure of the district and annex the
4535	4535	district to one or more adjoining districts under Section 13.054;
4536	4536	or
4537	4537	(2) in the case of a home-rule school district or
4538	4538	open-enrollment charter school, order closure of all programs
4539	4539	operated under the district's or school's charter. (Ed. Code, Sec.
4540	4540	39.102(a) (part).)
4541	4541	Sec. 39A.006. BOARD OF MANAGERS FOR SCHOOL DISTRICT MANAGED
4542	4542	BY CONSERVATOR OR MANAGEMENT TEAM. (a) This section applies
4543	4543	regardless of whether a school district has satisfied the
4544	4544	accreditation criteria.
4545	4545	(b) If for two consecutive school years, including the
4546	4546	current school year, a school district has had a conservator or
4547	4547	management team assigned, the commissioner may appoint a board of
4548	4548	managers to exercise the powers and duties of the board of trustees
4549	4549	of the district.
4550	4550	(c) The majority of a board of managers appointed under this
4551	4551	section must be residents of the school district. (Ed. Code, Sec.
4552	4552	39.102(b).)
4553	4553	Sec. 39A.007. INTERVENTION TO IMPROVE HIGH SCHOOL
4554	4554	COMPLETION RATE. (a) This section applies to a school district if
4555	4555	the district is subject to commissioner action under Section
4556	4556	39A.001 and the district has failed to satisfy any standard under
4557	4557	Section 39.054(e) because of the district's dropout rates.
4558	4558	(b) The commissioner may impose against a school district
4559	4559	subject to this section sanctions designed to improve high school
4560	4560	completion rates, including:
4561	4561	(1) ordering the development of a dropout prevention
4562	4562	plan for approval by the commissioner;
4563	4563	(2) restructuring the district or appropriate school
4564	4564	campuses to improve identification of and service to students who
4565	4565	are at risk of dropping out of school, as defined by Section 29.081;
4566	4566	(3) ordering lower student-to-counselor ratios on
4567	4567	school campuses with high dropout rates; and
4568	4568	(4) ordering the use of any other intervention
4569	4569	strategy effective in reducing dropout rates, including mentor
4570	4570	programs and flexible class scheduling. (Ed. Code, Sec. 39.102(a)
4571	4571	(part).)
4572	4572	SUBCHAPTER B. CAMPUS INTERVENTION TEAM; TARGETED IMPROVEMENT PLAN
4573	4573	Sec. 39A.051. ACTIONS BASED ON CAMPUS PERFORMANCE. (a) If
4574	4574	the performance of a campus is below any standard under Section
4575	4575	39.054(e), the commissioner shall:
4576	4576	(1) take actions, to the extent the commissioner
4577	4577	determines necessary, as provided by this chapter; and
4578	4578	(2) assign a campus intervention team.
4579	4579	(b) For a campus described by Subsection (a), the
4580	4580	commissioner, to the extent the commissioner determines necessary,
4581	4581	may:
4582	4582	(1) order a hearing to be held before the commissioner
4583	4583	or the commissioner's designee at which the president of the board
4584	4584	of trustees of the school district, the district superintendent,
4585	4585	and the campus principal shall appear and explain the campus's low
4586	4586	performance, lack of improvement, and plans for improvement; or
4587	4587	(2) establish a school community partnership team
4588	4588	composed of members of the campus-level planning and
4589	4589	decision-making committee established under Section 11.251 and
4590	4590	additional community representatives as determined appropriate by
4591	4591	the commissioner. (Ed. Code, Secs. 39.103(a), (b), 39.106(a)
4592	4592	(part).)
4593	4593	Sec. 39A.052. CAMPUS INTERVENTION TEAM MEMBERS. A campus
4594	4594	intervention team assigned by the commissioner under Section
4595	4595	39A.051 may include teachers, principals, other educational
4596	4596	professionals, and superintendents recognized for excellence in
4597	4597	their roles and appointed by the commissioner to serve as members of
4598	4598	a team. (Ed. Code, Sec. 39.113.)
4599	4599	Sec. 39A.053. ON-SITE NEEDS ASSESSMENT. (a) A campus
4600	4600	intervention team shall:
4601	4601	(1) conduct, with the involvement and advice of the
4602	4602	school community partnership team, if applicable:
4603	4603	(A) if the commissioner determines necessary, a
4604	4604	comprehensive on-site needs assessment, using the procedures
4605	4605	provided by Subsection (c); or
4606	4606	(B) a targeted on-site needs assessment relevant
4607	4607	to an area of insufficient performance of the campus as provided by
4608	4608	Subsection (d); and
4609	4609	(2) recommend appropriate actions as provided by
4610	4610	Section 39A.054.
4611	4611	(b) An on-site needs assessment required by Subsection (a)
4612	4612	must determine the factors resulting in the campus's low
4613	4613	performance and lack of progress, including the contributing
4614	4614	education-related factors.
4615	4615	(c) In conducting a comprehensive on-site needs assessment,
4616	4616	the campus intervention team shall use each of the following
4617	4617	guidelines and procedures:
4618	4618	(1) an assessment of the staff to determine:
4619	4619	(A) the percentage of certified teachers who are
4620	4620	teaching in their field;
4621	4621	(B) the percentage of teachers who are certified;
4622	4622	(C) the number of teachers with more than three
4623	4623	years of experience; and
4624	4624	(D) the rate of teacher retention;
4625	4625	(2) a determination of compliance with the appropriate
4626	4626	class-size rules and the number of class-size waivers received;
4627	4627	(3) an assessment of the quality, quantity, and
4628	4628	appropriateness of instructional materials, including the
4629	4629	availability of technology-based instructional materials;
4630	4630	(4) a report on the parental involvement strategies
4631	4631	and the effectiveness of the strategies;
4632	4632	(5) an assessment of the extent and quality of the
4633	4633	mentoring program provided for:
4634	4634	(A) new teachers on the campus; and
4635	4635	(B) experienced teachers on the campus who have
4636	4636	less than two years of teaching experience in the subject or grade
4637	4637	level to which the teacher is assigned;
4638	4638	(6) an assessment of the type and quality of the
4639	4639	professional development provided to the staff;
4640	4640	(7) a demographic analysis of the student population,
4641	4641	including student demographics, at-risk populations, and special
4642	4642	education percentages;
4643	4643	(8) a report of disciplinary incidents and school
4644	4644	safety information;
4645	4645	(9) financial and accounting practices;
4646	4646	(10) an assessment of the appropriateness of the
4647	4647	curriculum and teaching strategies;
4648	4648	(11) a comparison of the findings from Subdivisions
4649	4649	(1) through (10) to other campuses serving the same grade levels in
4650	4650	the school district or to other campuses in the campus's comparison
4651	4651	group if there are no other campuses in the district serving the
4652	4652	same grade levels as the campus; and
4653	4653	(12) any other research-based data or information
4654	4654	obtained from a data collection process that would assist the
4655	4655	campus intervention team in:
4656	4656	(A) recommending an action under Section
4657	4657	39A.054; and
4658	4658	(B) executing a targeted improvement plan under
4659	4659	Section 39A.059.
4660	4660	(d) In conducting a targeted on-site needs assessment, the
4661	4661	campus intervention team shall use the appropriate guidelines and
4662	4662	procedures described by Subsection (c) relevant to each area of
4663	4663	insufficient performance. (Ed. Code, Secs. 39.106(a) (part), (b).)
4664	4664	Sec. 39A.054. CAMPUS INTERVENTION TEAM RECOMMENDATIONS. On
4665	4665	completing the on-site needs assessment required under Section
4666	4666	39A.053, the campus intervention team shall, with the involvement
4667	4667	and advice of the school community partnership team, if applicable,
4668	4668	recommend actions relating to any area of insufficient performance,
4669	4669	including:
4670	4670	(1) reallocation of resources;
4671	4671	(2) technical assistance;
4672	4672	(3) changes in school procedures or operations;
4673	4673	(4) staff development for instructional and
4674	4674	administrative staff;
4675	4675	(5) intervention for individual administrators or
4676	4676	teachers;
4677	4677	(6) waivers from state statutes or rules;
4678	4678	(7) teacher recruitment or retention strategies and
4679	4679	incentives provided by the school district to attract and retain
4680	4680	teachers with the characteristics included in Sections
4681	4681	39A.053(c)(1)(A)-(C); or
4682	4682	(8) other actions the campus intervention team
4683	4683	considers appropriate. (Ed. Code, Sec. 39.106(c).)
4684	4684	Sec. 39A.055. TARGETED IMPROVEMENT PLAN. In addition to
4685	4685	the campus intervention team duties under Sections 39A.053 and
4686	4686	39A.054 relating to the on-site needs assessment, the campus
4687	4687	intervention team shall:
4688	4688	(1) assist the campus in developing a targeted
4689	4689	improvement plan;
4690	4690	(2) conduct a public meeting at the campus with the
4691	4691	campus principal, the members of the campus-level planning and
4692	4692	decision-making committee established under Section 11.251,
4693	4693	parents of students attending the campus, and community members
4694	4694	residing in the school district to review the campus performance
4695	4695	rating and solicit input for the development of the targeted
4696	4696	improvement plan;
4697	4697	(3) assist the campus in submitting the targeted
4698	4698	improvement plan to the board of trustees of the district for
4699	4699	approval and presenting the plan in a public hearing as provided by
4700	4700	Section 39A.057; and
4701	4701	(4) assist the commissioner in monitoring the progress
4702	4702	of the campus in executing the targeted improvement plan. (Ed.
4703	4703	Code, Sec. 39.106(a) (part).)
4704	4704	Sec. 39A.056. NOTICE OF PUBLIC MEETING FOR DEVELOPMENT OF
4705	4705	TARGETED IMPROVEMENT PLAN. (a) The campus intervention team must:
4706	4706	(1) provide written notice of the public meeting
4707	4707	required by Section 39A.055(2) to the parents of students attending
4708	4708	the campus; and
4709	4709	(2) post notice of the meeting on the campus's Internet
4710	4710	website.
4711	4711	(b) The notice required by this section must include the
4712	4712	date, time, and place of the meeting. (Ed. Code, Sec. 39.106(a-1).)
4713	4713	Sec. 39A.057. HEARING FOR TARGETED IMPROVEMENT PLAN. (a)
4714	4714	After a targeted improvement plan or an updated targeted
4715	4715	improvement plan is submitted to the board of trustees of the school
4716	4716	district, the board shall conduct a hearing to:
4717	4717	(1) notify the public of:
4718	4718	(A) the insufficient performance of the campus;
4719	4719	(B) the improvements in performance expected by
4720	4720	the agency; and
4721	4721	(C) the intervention measures or sanctions that
4722	4722	may be imposed under this chapter if the performance does not
4723	4723	improve within a designated period; and
4724	4724	(2) solicit public comment on the targeted improvement
4725	4725	plan or updated targeted improvement plan.
4726	4726	(b) The board of trustees of the school district must post
4727	4727	the targeted improvement plan on the district's Internet website
4728	4728	before the hearing.
4729	4729	(c) The board of trustees of the school district may conduct
4730	4730	one hearing relating to one or more campuses subject to a targeted
4731	4731	improvement plan or an updated targeted improvement plan. (Ed.
4732	4732	Code, Sec. 39.106(e-1) (part).)
4733	4733	Sec. 39A.058. SUBMISSION OF TARGETED IMPROVEMENT PLAN TO
4734	4734	COMMISSIONER. The board of trustees of the school district shall
4735	4735	submit the targeted improvement plan or updated targeted
4736	4736	improvement plan to the commissioner for approval. The campus
4737	4737	intervention team shall assist the campus in submitting the
4738	4738	targeted improvement plan to the commissioner. (Ed. Code, Secs.
4739	4739	39.106(d), (e-1) (part).)
4740	4740	Sec. 39A.059. EXECUTING TARGETED IMPROVEMENT PLAN. In
4741	4741	executing the targeted improvement plan, the campus intervention
4742	4742	team shall, if appropriate:
4743	4743	(1) assist the campus in implementing research-based
4744	4744	practices for curriculum development and classroom instruction,
4745	4745	including bilingual education and special education programs, and
4746	4746	financial management;
4747	4747	(2) provide research-based technical assistance,
4748	4748	including data analysis, academic deficiency identification,
4749	4749	intervention implementation, and budget analysis, to strengthen
4750	4750	and improve the instructional programs at the campus; and
4751	4751	(3) require the school district to develop a teacher
4752	4752	recruitment and retention plan to address the qualifications and
4753	4753	retention of the teachers at the campus. (Ed. Code, Sec.
4754	4754	39.106(d-3).)
4755	4755	Sec. 39A.060. CAMPUS INTERVENTION TEAM CONTINUING DUTIES.
4756	4756	For each year a campus is assigned an unacceptable performance
4757	4757	rating, the campus intervention team shall:
4758	4758	(1) continue to work with the campus until:
4759	4759	(A) the campus satisfies all performance
4760	4760	standards under Section 39.054(e) for a two-year period; or
4761	4761	(B) the campus satisfies all performance
4762	4762	standards under Section 39.054(e) for a one-year period and the
4763	4763	commissioner determines that the campus is operating and will
4764	4764	continue to operate in a manner that improves student achievement;
4765	4765	(2) assist in updating the targeted improvement plan
4766	4766	to identify and analyze areas of growth and areas that require
4767	4767	improvement; and
4768	4768	(3) submit each updated targeted improvement plan
4769	4769	described by Subdivision (2) to the board of trustees of the school
4770	4770	district. (Ed. Code, Sec. 39.106(e).)
4771	4771	Sec. 39A.061. SATISFACTION OF CERTAIN REQUIREMENTS RELATED
4772	4772	TO CAMPUS PLANNING AND SITE-BASED DECISION-MAKING. (a) The
4773	4773	commissioner may authorize a school community partnership team
4774	4774	established under Section 39A.051 to supersede the authority of and
4775	4775	satisfy the requirements of establishing and maintaining a
4776	4776	campus-level planning and decision-making committee under
4777	4777	Subchapter F, Chapter 11.
4778	4778	(b) The commissioner may authorize a targeted improvement
4779	4779	plan or an updated targeted improvement plan to supersede the
4780	4780	provisions of and satisfy the requirements of developing,
4781	4781	reviewing, and revising a campus improvement plan under Subchapter
4782	4782	F, Chapter 11. (Ed. Code, Secs. 39.106(d-1), (d-2).)
4783	4783	Sec. 39A.062. SUBMISSION OF CAMPUS IMPROVEMENT PLAN IN
4784	4784	CERTAIN CIRCUMSTANCES. (a) This section applies if the
4785	4785	performance of a campus satisfies performance standards under
4786	4786	Section 39.054(e) for the current school year but would not satisfy
4787	4787	performance standards under Section 39.054(e) if the standards to
4788	4788	be used for the following school year were applied to the current
4789	4789	school year.
4790	4790	(b) On the request of the commissioner, the campus-level
4791	4791	planning and decision-making committee established under Section
4792	4792	11.251 shall revise and submit to the commissioner the portions of
4793	4793	the campus improvement plan developed under Section 11.253 that are
4794	4794	relevant to those areas for which the campus would not satisfy
4795	4795	performance standards. The revised portions of the improvement
4796	4796	plan must be submitted in an electronic format. (Ed. Code, Sec.
4797	4797	39.105(a).)
4798	4798	Sec. 39A.063. COMPLIANCE THROUGH INTERVENTION UNDER
4799	4799	FEDERAL ACCOUNTABILITY. Notwithstanding the provisions of this
4800	4800	chapter, if the commissioner determines that a campus subject to
4801	4801	interventions or sanctions under this chapter has implemented
4802	4802	substantially similar intervention measures under federal
4803	4803	accountability requirements, the commissioner may accept the
4804	4804	substantially similar intervention measures as measures in
4805	4805	compliance with this chapter. (Ed. Code, Sec. 39.103(c).)
4806	4806	SUBCHAPTER C. CAMPUS TURNAROUND PLAN
4807	4807	Sec. 39A.101. ORDER FOR PREPARATION OF CAMPUS TURNAROUND
4808	4808	PLAN. (a) If a campus has been identified as unacceptable for two
4809	4809	consecutive school years, the commissioner shall order the campus
4810	4810	to prepare and submit a campus turnaround plan.
4811	4811	(b) The commissioner shall by rule establish procedures
4812	4812	governing the time and manner in which the campus must submit the
4813	4813	campus turnaround plan.
4814	4814	(c) A campus intervention team shall assist the campus in:
4815	4815	(1) developing an updated targeted improvement plan,
4816	4816	including a campus turnaround plan to be implemented by the campus;
4817	4817	(2) submitting the updated targeted improvement plan
4818	4818	to the board of trustees of the school district for approval and
4819	4819	presenting the plan in a public hearing as provided by Section
4820	4820	39A.057;
4821	4821	(3) obtaining approval of the updated plan from the
4822	4822	commissioner; and
4823	4823	(4) executing the updated plan on approval by the
4824	4824	commissioner.
4825	4825	(d) The updated targeted improvement plan submitted to the
4826	4826	board of trustees of a school district under Subsection (c) must
4827	4827	include all plans and details that are required to execute the
4828	4828	campus turnaround plan without any additional action or approval by
4829	4829	the board of trustees. (Ed. Code, Secs. 39.107(a), (a-1), (b-3).)
4830	4830	Sec. 39A.102. IMPLEMENTATION OF UPDATED TARGETED
4831	4831	IMPROVEMENT PLAN. (a) A campus subject to Section 39A.101 shall
4832	4832	implement the updated targeted improvement plan as approved by the
4833	4833	commissioner.
4834	4834	(b) The commissioner may appoint a monitor, conservator,
4835	4835	management team, or board of managers to the school district to
4836	4836	ensure and oversee district-level support to low-performing
4837	4837	campuses and the implementation of the updated targeted improvement
4838	4838	plan.
4839	4839	(c) In making appointments under Subsection (b), the
4840	4840	commissioner shall consider individuals who have demonstrated
4841	4841	success in managing campuses with student populations similar to
4842	4842	the campus at which the individual appointed will serve. (Ed. Code,
4843	4843	Sec. 39.107(c).)
4844	4844	Sec. 39A.103. NOTICE OF CAMPUS TURNAROUND PLAN. Before a
4845	4845	campus turnaround plan is prepared and submitted for approval to
4846	4846	the board of trustees of the school district, the district, in
4847	4847	consultation with the campus intervention team, shall:
4848	4848	(1) provide notice to parents, the community, and
4849	4849	stakeholders that the campus has received an unacceptable
4850	4850	performance rating for two consecutive years and will be required
4851	4851	to submit a campus turnaround plan; and
4852	4852	(2) request assistance from parents, the community,
4853	4853	and stakeholders in developing the campus turnaround plan. (Ed.
4854	4854	Code, Sec. 39.107(a-2).)
4855	4855	Sec. 39A.104. PREPARATION OF CAMPUS TURNAROUND PLAN. (a)
4856	4856	The school district, in consultation with the campus intervention
4857	4857	team, shall prepare the campus turnaround plan and allow parents,
4858	4858	the community, and stakeholders an opportunity to review the plan
4859	4859	before it is submitted for approval to the board of trustees of the
4860	4860	district.
4861	4861	(b) The campus turnaround plan must assist the campus in
4862	4862	implementing procedures to satisfy all performance standards
4863	4863	required under Section 39.054(e). (Ed. Code, Sec. 39.107(b)
4864	4864	(part).)
4865	4865	Sec. 39A.105. CONTENTS OF CAMPUS TURNAROUND PLAN. A campus
4866	4866	turnaround plan must include:
4867	4867	(1) details on the method for restructuring,
4868	4868	reforming, or reconstituting the campus;
4869	4869	(2) a detailed description of the academic programs to
4870	4870	be offered at the campus, including:
4871	4871	(A) instructional methods;
4872	4872	(B) length of school day and school year;
4873	4873	(C) academic credit and promotion criteria; and
4874	4874	(D) programs to serve special student
4875	4875	populations;
4876	4876	(3) if a district charter is to be granted for the
4877	4877	campus under Section 12.0522:
4878	4878	(A) the term of the charter; and
4879	4879	(B) information on the implementation of the
4880	4880	charter;
4881	4881	(4) written comments from:
4882	4882	(A) the campus-level committee established under
4883	4883	Section 11.251, if applicable;
4884	4884	(B) parents; and
4885	4885	(C) teachers at the campus; and
4886	4886	(5) a detailed description of the budget, staffing,
4887	4887	and financial resources required to implement the plan, including
4888	4888	any supplemental resources to be provided by the school district or
4889	4889	other identified sources. (Ed. Code, Secs. 39.107(b) (part),
4890	4890	(b-1).)
4891	4891	Sec. 39A.106. DATE CAMPUS TURNAROUND PLAN TAKES EFFECT. A
4892	4892	campus turnaround plan must take effect not later than the school
4893	4893	year following the third consecutive school year that the campus
4894	4894	has received an unacceptable performance rating. (Ed. Code, Sec.
4895	4895	39.107(b-4).)
4896	4896	Sec. 39A.107. COMMISSIONER APPROVAL OF CAMPUS TURNAROUND
4897	4897	PLAN. (a) The commissioner may approve a campus turnaround plan
4898	4898	only if the commissioner determines that the campus will satisfy
4899	4899	all student performance standards required under Section 39.054(e)
4900	4900	not later than the second year the campus receives a performance
4901	4901	rating following the implementation of the campus turnaround plan.
4902	4902	(b) Section 12.0522(b) does not apply to a district charter
4903	4903	approved by the commissioner under this subchapter. A district
4904	4904	charter approved under this subchapter may be renewed or continue
4905	4905	in effect after the campus is no longer subject to an order under
4906	4906	Section 39A.101.
4907	4907	(c) If the commissioner does not approve a campus turnaround
4908	4908	plan, the commissioner shall order:
4909	4909	(1) appointment of a board of managers to govern the
4910	4910	school district as provided by Section 39A.202;
4911	4911	(2) alternative management of the campus; or
4912	4912	(3) closure of the campus. (Ed. Code, Secs.
4913	4913	39.107(b-8), (d).)
4914	4914	Sec. 39A.108. IMPLEMENTATION OF CAMPUS TURNAROUND PLAN.
4915	4915	Following approval of a campus turnaround plan by the commissioner,
4916	4916	the school district, in consultation with the campus intervention
4917	4917	team, may take any actions needed to prepare for the implementation
4918	4918	of the plan. (Ed. Code, Sec. 39.107(b-5).)
4919	4919	Sec. 39A.109. ASSISTANCE AND PARTNERSHIPS ALLOWED. A
4920	4920	school district may:
4921	4921	(1) request that a regional education service center
4922	4922	provide assistance in the development and implementation of a
4923	4923	campus turnaround plan; or
4924	4924	(2) partner with an institution of higher education to
4925	4925	develop and implement a campus turnaround plan. (Ed. Code, Sec.
4926	4926	39.107(b-2).)
4927	4927	Sec. 39A.110. CHANGE IN CAMPUS PERFORMANCE RATING. (a) If a
4928	4928	campus for which a campus turnaround plan has been ordered under
4929	4929	Section 39A.101 receives an acceptable performance rating for the
4930	4930	school year following the order, the board of trustees of the school
4931	4931	district may:
4932	4932	(1) implement the campus turnaround plan;
4933	4933	(2) implement a modified version of the campus
4934	4934	turnaround plan; or
4935	4935	(3) withdraw the campus turnaround plan.
4936	4936	(b) A school district required to implement a campus
4937	4937	turnaround plan may modify the plan if the campus receives an
4938	4938	acceptable performance rating for two consecutive school years
4939	4939	following implementation of the plan. (Ed. Code, Secs.
4940	4940	39.107(b-6), (b-7).)
4941	4941	Sec. 39A.111. CONTINUED UNACCEPTABLE PERFORMANCE RATING.
4942	4942	If a campus is considered to have an unacceptable performance
4943	4943	rating for three consecutive school years after the campus is
4944	4944	ordered to submit a campus turnaround plan under Section 39A.101,
4945	4945	the commissioner, subject to Section 39A.112, shall order:
4946	4946	(1) appointment of a board of managers to govern the
4947	4947	school district as provided by Section 39A.202; or
4948	4948	(2) closure of the campus. (Ed. Code, Sec. 39.107(e).)
4949	4949	Sec. 39A.112. PARENT PETITION FOR ACTION. (a) For purposes
4950	4950	of this section, "parent" has the meaning assigned by Section
4951	4951	12.051, and the signature of only one parent of a student is
4952	4952	required.
4953	4953	(b) If the commissioner is presented, in the time and manner
4954	4954	specified by commissioner rule, with a written petition signed by
4955	4955	the parents of a majority of the students enrolled at a campus to
4956	4956	which Section 39A.111 applies, specifying an action authorized
4957	4957	under that section that the parents request the commissioner to
4958	4958	order, the commissioner shall, except as otherwise authorized by
4959	4959	this section, order the specific action requested.
4960	4960	(c) If the board of trustees of the school district in which
4961	4961	the campus is located presents to the commissioner, in the time and
4962	4962	manner specified by commissioner rule, a written request that the
4963	4963	commissioner order specific action authorized under Section
4964	4964	39A.111 other than the specific action requested in the parents'
4965	4965	petition and a written explanation of the basis for the board's
4966	4966	request, the commissioner may order the action requested by the
4967	4967	board of trustees. (Ed. Code, Secs. 39.107(e-2), (e-3).)
4968	4968	Sec. 39A.113. REPURPOSING OF CLOSED CAMPUS. (a) If the
4969	4969	commissioner orders the closure of a campus under this subchapter,
4970	4970	that campus may be repurposed to serve students at that campus
4971	4971	location only if the commissioner:
4972	4972	(1) finds that the repurposed campus:
4973	4973	(A) offers a distinctly different academic
4974	4974	program; and
4975	4975	(B) serves a majority of grade levels not served
4976	4976	at the original campus; and
4977	4977	(2) approves a new campus identification number for
4978	4978	the repurposed campus.
4979	4979	(b) The majority of students assigned to a campus that has
4980	4980	been closed and repurposed may not have attended that campus in the
4981	4981	previous school year.
4982	4982	(c) Any student assigned to a campus that has been closed
4983	4983	must be allowed to transfer to any other campus in the school
4984	4984	district that serves that student's grade level and on request must
4985	4985	be provided transportation to the other campus.
4986	4986	(d) The commissioner may grant an exemption allowing
4987	4987	students assigned to a closed campus to attend the repurposed
4988	4988	campus if there is no other campus in the school district at which
4989	4989	the students may enroll. (Ed. Code, Sec. 39.107(e-1).)
4990	4990	Sec. 39A.114. TARGETED TECHNICAL ASSISTANCE AUTHORIZED IN
4991	4991	CERTAIN CIRCUMSTANCES. If the commissioner determines that the
4992	4992	basis for the unacceptable performance of a campus for more than two
4993	4993	consecutive school years is limited to a specific condition that
4994	4994	may be remedied with targeted technical assistance, the
4995	4995	commissioner may require the school district to contract for the
4996	4996	appropriate technical assistance. (Ed. Code, Sec. 39.107(i).)
4997	4997	Sec. 39A.115. RULES. The commissioner may adopt rules
4998	4998	necessary to implement this subchapter. (Ed. Code, Sec.
4999	4999	39.107(q).)
5000	5000	SUBCHAPTER D. ALTERNATIVE MANAGEMENT
5001	5001	Sec. 39A.151. SOLICITATION OF PROPOSALS FOR ALTERNATIVE
5002	5002	MANAGEMENT. (a) If the commissioner orders alternative management
5003	5003	of a campus under Section 39A.107, the commissioner shall solicit
5004	5004	proposals from qualified nonprofit entities to assume management of
5005	5005	the campus or appoint a school district as provided by Subsection
5006	5006	(b). The commissioner may solicit proposals from qualified
5007	5007	for-profit entities if a nonprofit entity has not responded to the
5008	5008	commissioner's request for proposals.
5009	5009	(b) The commissioner may appoint a school district to assume
5010	5010	management of the campus if the district:
5011	5011	(1) is not the district in which the campus is located;
5012	5012	and
5013	5013	(2) is located within the boundaries of the same
5014	5014	regional education service center as the campus.
5015	5015	(c) If a school district is appointed under Subsection (b),
5016	5016	the district shall assume management of the campus in the same
5017	5017	manner as a qualified entity or in accordance with commissioner
5018	5018	rule.
5019	5019	(d) The commissioner may annually solicit proposals under
5020	5020	this section for the alternative management of a campus. The
5021	5021	commissioner shall notify a qualified entity that has been approved
5022	5022	as a provider under this section. (Ed. Code, Secs. 39.107(h), (j)
5023	5023	(part).)
5024	5024	Sec. 39A.152. QUALIFICATIONS OF MANAGING ENTITY. (a) To
5025	5025	qualify for consideration as a managing entity under this
5026	5026	subchapter, the entity must submit a proposal that provides
5027	5027	information relating to the entity's management and leadership team
5028	5028	that will participate in management of the campus under
5029	5029	consideration, including information relating to individuals who
5030	5030	have:
5031	5031	(1) documented success in whole school interventions
5032	5032	that increased the educational and performance levels of students
5033	5033	in campuses considered to have an unacceptable performance rating;
5034	5034	(2) a proven record of effectiveness with programs
5035	5035	assisting low-performing students;
5036	5036	(3) a proven ability to apply research-based school
5037	5037	intervention strategies;
5038	5038	(4) a proven record of financial ability to perform
5039	5039	under the management contract; and
5040	5040	(5) any other experience or qualifications the
5041	5041	commissioner determines necessary.
5042	5042	(b) In selecting a managing entity under this subchapter,
5043	5043	the commissioner shall give preference to a qualified entity that:
5044	5044	(1) meets any qualifications under this section; and
5045	5045	(2) has documented success in educating students from
5046	5046	similar demographic groups and with similar educational needs as
5047	5047	the students who attend the campus to be operated by the managing
5048	5048	entity. (Ed. Code, Secs. 39.107(k), (l).)
5049	5049	Sec. 39A.153. CONTRACT WITH MANAGING ENTITY. (a) If the
5050	5050	commissioner has ordered alternative management of a campus, the
5051	5051	school district shall execute a contract with an approved provider
5052	5052	to serve as a managing entity for the campus. The term of the
5053	5053	contract may not exceed five years with an option to renew the
5054	5054	contract. The district must execute the contract and relinquish
5055	5055	control of the campus before January 1 of the school year.
5056	5056	(b) The management contract must include:
5057	5057	(1) a provision describing the school district's
5058	5058	responsibilities in supporting the operation of the campus; and
5059	5059	(2) provisions approved by the commissioner requiring
5060	5060	the managing entity to demonstrate improvement in campus
5061	5061	performance, including negotiated performance measures.
5062	5062	(c) Performance measures included in a management contract
5063	5063	as required by Subsection (b) must be consistent with the
5064	5064	priorities of Chapter 39 and this chapter.
5065	5065	(d) The management contract must be approved by the
5066	5066	commissioner before the contract is executed. As appropriate, the
5067	5067	commissioner may require the school district, as a term of the
5068	5068	contract, to support the campus in the same manner as the district
5069	5069	was required to support the campus before the execution of the
5070	5070	contract. (Ed. Code, Secs. 39.107(g-1) (part), (j) (part), (m),
5071	5071	(n) (part).)
5072	5072	Sec. 39A.154. EXTENSION OF MANAGEMENT CONTRACT. The
5073	5073	commissioner may require a school district to extend the term of a
5074	5074	management contract with a managing entity if the commissioner
5075	5075	determines that extending the contract on expiration of the initial
5076	5076	term is in the best interest of the students attending the campus.
5077	5077	The terms of the contract must be approved by the commissioner.
5078	5078	(Ed. Code, Sec. 39.107(g-1) (part).)
5079	5079	Sec. 39A.155. EVALUATION OF MANAGING ENTITY. (a) The
5080	5080	commissioner shall evaluate a managing entity's performance on the
5081	5081	first and second anniversaries of the date of the management
5082	5082	contract.
5083	5083	(b) If the evaluation fails to demonstrate improvement as
5084	5084	negotiated under the management contract by the first anniversary
5085	5085	of the date of the contract, the school district may:
5086	5086	(1) terminate the contract, with the commissioner's
5087	5087	consent, for nonperformance or breach of contract; and
5088	5088	(2) select another provider from an approved list
5089	5089	provided by the commissioner.
5090	5090	(c) If the evaluation fails to demonstrate significant
5091	5091	improvement, as determined by the commissioner, by the second
5092	5092	anniversary of the date of the management contract, the school
5093	5093	district shall:
5094	5094	(1) terminate the contract; and
5095	5095	(2) select another provider from an approved list
5096	5096	provided by the commissioner or resume operation of the campus if
5097	5097	approved by the commissioner.
5098	5098	(d) If the commissioner approves the school district's
5099	5099	resumed operation of the campus as provided by Subsection (c), the
5100	5100	commissioner shall assign a technical assistance team to assist the
5101	5101	campus. (Ed. Code, Sec. 39.107(n) (part).)
5102	5102	Sec. 39A.156. CANCELLATION OF MANAGEMENT CONTRACT. If a
5103	5103	campus receives an unacceptable performance rating for two
5104	5104	consecutive school years after a managing entity assumes management
5105	5105	of the campus, the commissioner shall cancel the contract with the
5106	5106	managing entity. (Ed. Code, Sec. 39.107(g-1) (part).)
5107	5107	Sec. 39A.157. RETURN OF MANAGEMENT TO SCHOOL DISTRICT.
5108	5108	Subject to Section 39A.111, at the end of a management contract term
5109	5109	or on the cancellation of a management contract under Section
5110	5110	39A.156, the board of trustees of the school district shall resume
5111	5111	management of the campus. (Ed. Code, Sec. 39.107(g-2).)
5112	5112	Sec. 39A.158. CONTINUED APPLICABILITY OF ACCOUNTABILITY
5113	5113	PROVISIONS. Each campus operated by a managing entity under this
5114	5114	subchapter is subject to this chapter and Chapter 39 in the same
5115	5115	manner as any other campus in the school district. (Ed. Code, Sec.
5116	5116	39.107(p).)
5117	5117	Sec. 39A.159. FUNDING OF CAMPUS OPERATED BY MANAGING
5118	5118	ENTITY. Notwithstanding any other provision of this code, the
5119	5119	funding for a campus operated by a managing entity may not be less
5120	5120	than the funding of the other campuses in the school district on a
5121	5121	per student basis so that the managing entity receives at least the
5122	5122	same funding the campus would otherwise have received. (Ed. Code,
5123	5123	Sec. 39.107(o).)
5124	5124	Sec. 39A.160. OPEN MEETINGS AND PUBLIC INFORMATION. With
5125	5125	respect to the management of a campus by a managing entity:
5126	5126	(1) a managing entity is considered to be a
5127	5127	governmental body for purposes of Chapters 551 and 552, Government
5128	5128	Code; and
5129	5129	(2) any requirement in Chapter 551 or 552, Government
5130	5130	Code, that applies to a school district or the board of trustees of
5131	5131	a district applies to a managing entity. (Ed. Code, Sec.
5132	5132	39.107(r).)
5133	5133	Sec. 39A.161. RULES. The commissioner may adopt rules
5134	5134	necessary to implement this subchapter. (Ed. Code, Sec.
5135	5135	39.107(q).)
5136	5136	SUBCHAPTER E. BOARD OF MANAGERS
5137	5137	Sec. 39A.201. GENERAL POWERS AND DUTIES OF BOARD OF
5138	5138	MANAGERS. (a) A board of managers may exercise all of the powers
5139	5139	and duties assigned to a board of trustees of a school district by
5140	5140	law, rule, or regulation.
5141	5141	(b) A board of managers appointed by the commissioner under
5142	5142	Subchapter C is required to take appropriate actions to resolve the
5143	5143	conditions that caused a campus to be subject to an order under
5144	5144	Section 39A.101, including amending the school district's budget,
5145	5145	reassigning staff, or relocating academic programs. The
5146	5146	commissioner may adopt rules necessary to implement this
5147	5147	subsection. (Ed. Code, Secs. 39.107(e-4), (q), 39.112(a) (part).)
5148	5148	Sec. 39A.202. BOARD OF MANAGERS OF SCHOOL DISTRICT. (a) If
5149	5149	the commissioner appoints a board of managers to govern a school
5150	5150	district:
5151	5151	(1) the powers of the board of trustees of the district
5152	5152	are suspended for the period of the appointment; and
5153	5153	(2) the commissioner shall appoint a district
5154	5154	superintendent.
5155	5155	(b) Notwithstanding any other provision of this code, a
5156	5156	board of managers appointed to govern a school district may amend
5157	5157	the budget of the district.
5158	5158	(c) This chapter applies to a school district governed by a
5159	5159	board of managers in the same manner that this chapter applies to
5160	5160	any other district. (Ed. Code, Secs. 39.112(a) (part), (b).)
5161	5161	Sec. 39A.203. BOARD OF MANAGERS OF CAMPUS. (a) If the
5162	5162	commissioner appoints a board of managers to govern a campus:
5163	5163	(1) the powers of the board of trustees of the school
5164	5164	district in relation to the campus are suspended for the period of
5165	5165	the appointment; and
5166	5166	(2) the commissioner shall appoint a campus principal.
5167	5167	(b) Notwithstanding any other provision of this code, a
5168	5168	board of managers appointed to govern a campus may submit to the
5169	5169	commissioner for approval amendments to the budget of the school
5170	5170	district for the benefit of the campus. If the commissioner
5171	5171	approves the amendments, the board of trustees of the district
5172	5172	shall adopt the amendments. (Ed. Code, Sec. 39.112(c).)
5173	5173	Sec. 39A.204. COMPOSITION OF BOARD OF MANAGERS. A board of
5174	5174	managers appointed by the commissioner must, if possible, include
5175	5175	community leaders, business representatives who have expertise in
5176	5176	leadership, and individuals who have knowledge or expertise in the
5177	5177	field of education. (Ed. Code, Sec. 39.112(d-1).)
5178	5178	Sec. 39A.205. TRAINING OF BOARD OF MANAGERS. The
5179	5179	commissioner must provide each individual appointed to a board of
5180	5180	managers with training in effective leadership strategies. (Ed.
5181	5181	Code, Sec. 39.112(d-2).)
5182	5182	Sec. 39A.206. COMPENSATION. (a) The commissioner may
5183	5183	authorize payment of a board of managers appointed under Subchapter
5184	5184	C from agency funds. The commissioner may adopt rules necessary to
5185	5185	implement this subsection.
5186	5186	(b) A conservator or a member of a management team appointed
5187	5187	to serve on a board of managers may continue to be compensated as
5188	5188	determined by the commissioner. (Ed. Code, Secs. 39.107(e-5), (q),
5189	5189	39.112(d).)
5190	5190	Sec. 39A.207. REPLACEMENT OF MEMBER OF BOARD OF MANAGERS.
5191	5191	The commissioner may at any time replace a member of a board of
5192	5192	managers appointed under Subchapter C. The commissioner may adopt
5193	5193	rules necessary to implement this section. (Ed. Code, Secs.
5194	5194	39.107(e-6), (q).)
5195	5195	Sec. 39A.208. EXPIRATION OF APPOINTMENT. (a) A board of
5196	5196	managers shall, during the period of the appointment, order the
5197	5197	election of members of the board of trustees of the school district
5198	5198	in accordance with applicable provisions of law. Except as
5199	5199	provided by Subsection (b), the members of the board of trustees do
5200	5200	not assume any powers or duties after the election until the
5201	5201	appointment of the board of managers expires.
5202	5202	(b) Except as otherwise provided by Subsection (c), not
5203	5203	later than the second anniversary of the date the board of managers
5204	5204	of a school district was appointed, the commissioner shall notify
5205	5205	the board of managers and the board of trustees of the date on which
5206	5206	the appointment of the board of managers will expire. Following
5207	5207	each of the last three years of the period of the appointment,
5208	5208	one-third of the members of the board of managers shall be replaced
5209	5209	by the number of members of the board of trustees of the district
5210	5210	who were elected at an election ordered under Subsection (a) that
5211	5211	constitutes, as closely as possible, one-third of the membership of
5212	5212	the board of trustees.
5213	5213	(c) If, before the second anniversary of the date the board
5214	5214	of managers of a school district was appointed, the commissioner
5215	5215	determines, after receiving local feedback, that insufficient
5216	5216	progress has been made toward improving the academic or financial
5217	5217	performance of the district, the commissioner may extend the
5218	5218	authority of the board of managers for a period of up to two
5219	5219	additional years.
5220	5220	(d) On the expiration of the appointment of the board of
5221	5221	managers, the board of trustees assumes all of the powers and duties
5222	5222	assigned to a board of trustees by law, rule, or regulation.
5223	5223	(e) Following the expiration of the period of appointment of
5224	5224	a board of managers for a school district, the commissioner shall
5225	5225	provide training in effective leadership strategies to the board of
5226	5226	trustees of the district. (Ed. Code, Secs. 39.112(e), as amended
5227	5227	Acts 84th Leg., R.S., Chs. 1046, 1104, (f), (g).)
5228	5228	Sec. 39A.209. REMOVAL OF BOARD OF MANAGERS. (a)
5229	5229	Notwithstanding Section 39A.208, the commissioner may remove a
5230	5230	board of managers appointed to govern a school district under
5231	5231	Subchapter C only if the campus that was the basis for the
5232	5232	appointment of the board of managers receives an acceptable
5233	5233	performance rating for two consecutive school years.
5234	5234	(b) If a campus that was the basis for the appointment of a
5235	5235	board of managers receives an unacceptable performance rating for
5236	5236	two additional consecutive years following the appointment of the
5237	5237	board of managers, the commissioner may remove the board of
5238	5238	managers and, in consultation with the local community, may appoint
5239	5239	a new board of managers to govern the school district.
5240	5240	(c) Following the removal of a board of managers under
5241	5241	Subsection (a) or (b), or at the request of a managing entity
5242	5242	appointed under Section 39A.107 to oversee the implementation of
5243	5243	alternative management, the commissioner may appoint a conservator
5244	5244	or monitor for the school district to ensure district-level support
5245	5245	for low-performing campuses and to oversee the implementation of
5246	5246	the updated targeted improvement plan.
5247	5247	(d) The commissioner may adopt rules necessary to implement
5248	5248	this section. (Ed. Code, Secs. 39.107(f), (g), (q).)
5249	5249	SUBCHAPTER F. INTERVENTIONS AND SANCTIONS FOR OPEN-ENROLLMENT
5250	5250	CHARTER SCHOOLS
5251	5251	Sec. 39A.251. APPLICABILITY OF INTERVENTIONS AND SANCTIONS
5252	5252	TO OPEN-ENROLLMENT CHARTER SCHOOL. Interventions and sanctions
5253	5253	authorized under this chapter for a school district or campus apply
5254	5254	in the same manner to an open-enrollment charter school. (Ed. Code,
5255	5255	Sec. 39.104(a).)
5256	5256	Sec. 39A.252. RULES. (a) The commissioner shall adopt
5257	5257	rules to implement procedures to impose intervention or sanction
5258	5258	provisions under this chapter as those provisions relate to an
5259	5259	open-enrollment charter school.
5260	5260	(b) In adopting rules under this section, the commissioner
5261	5261	shall require that the charter of an open-enrollment charter school
5262	5262	be automatically:
5263	5263	(1) revoked if the charter school is ordered closed
5264	5264	under this chapter; or
5265	5265	(2) modified to remove authorization for an individual
5266	5266	campus if the campus is ordered closed under this chapter. (Ed.
5267	5267	Code, Secs. 39.104(b), (c).)
5268	5268	Sec. 39A.253. HEARING NOT REQUIRED. If interventions or
5269	5269	sanctions are imposed on an open-enrollment charter school under
5270	5270	the procedures provided by this chapter, the school is not entitled
5271	5271	to an additional hearing relating to the modification, placement on
5272	5272	probation, revocation, or denial of renewal of a charter as
5273	5273	provided by Subchapter D, Chapter 12. (Ed. Code, Sec. 39.104(d).)
5274	5274	Sec. 39A.254. CAMPUS IMPROVEMENT PLAN FOR OPEN-ENROLLMENT
5275	5275	CHARTER SCHOOL. (a) This section applies to an open-enrollment
5276	5276	charter school campus that satisfies performance standards under
5277	5277	Section 39.054(e) for the current school year but would not satisfy
5278	5278	performance standards under Section 39.054(e) if the standards to
5279	5279	be used for the following school year were applied to the current
5280	5280	school year.
5281	5281	(b) If this section applies to a campus, the campus shall:
5282	5282	(1) establish a campus-level planning and
5283	5283	decision-making committee as provided by Sections 11.251(b)-(e),
5284	5284	to the extent practicable; and
5285	5285	(2) develop a campus improvement plan as provided by
5286	5286	Section 11.253.
5287	5287	(c) On the request of the commissioner, the campus shall
5288	5288	submit to the commissioner the portions of the campus improvement
5289	5289	plan that are relevant to those areas for which the campus would not
5290	5290	satisfy performance standards. The portions of the improvement
5291	5291	plan must be submitted in an electronic format. (Ed. Code, Secs.
5292	5292	39.105(a) (part), (b).)
5293	5293	Sec. 39A.255. CAMPUS TURNAROUND PLAN FOR OPEN-ENROLLMENT
5294	5294	CHARTER SCHOOL. (a) The commissioner shall adopt rules governing
5295	5295	the procedures for an open-enrollment charter school campus that is
5296	5296	subject to an order issued under Section 39A.101. The commissioner
5297	5297	may adopt other rules necessary to implement this section.
5298	5298	(b) The campus turnaround plan of an open-enrollment
5299	5299	charter school must include a revision of the school's charter in
5300	5300	accordance with Section 12.114.
5301	5301	(c) Nothing in this section or the following provisions of
5302	5302	this chapter may be construed to modify any provision of Subchapter
5303	5303	D, Chapter 12, relating to the expiration, nonrenewal, revocation,
5304	5304	or modification of the governance of an open-enrollment charter
5305	5305	school:
5306	5306	(1) Subchapter C;
5307	5307	(2) Subchapter D;
5308	5308	(3) Section 39A.201(b);
5309	5309	(4) Section 39A.206(a);
5310	5310	(5) Section 39A.207; and
5311	5311	(6) Section 39A.209.
5312	5312	(d) The governing board of the open-enrollment charter
5313	5313	school shall perform the duties of a board of trustees of a school
5314	5314	district under this chapter. (Ed. Code, Secs. 39.107(b-9), (q).)
5315	5315	Sec. 39A.256. APPOINTMENT OF BOARD OF MANAGERS FOR
5316	5316	OPEN-ENROLLMENT CHARTER SCHOOL. (a) A board of managers appointed
5317	5317	for an open-enrollment charter school or a campus of an
5318	5318	open-enrollment charter school under this chapter or Chapter 12 has
5319	5319	the powers and duties prescribed by Section 39A.201(b), if
5320	5320	applicable, and Sections 39A.201(a), 39A.202, 39A.203, and
5321	5321	39A.206(b).
5322	5322	(b) Except as otherwise provided by this subsection, the
5323	5323	board of managers for an open-enrollment charter school or a campus
5324	5324	of an open-enrollment charter school may not serve for a period that
5325	5325	exceeds the period authorized by law for a board of managers
5326	5326	appointed for a school district. A board of managers appointed to
5327	5327	wind up the affairs of a former open-enrollment charter school or
5328	5328	campus serves until dissolved by the commissioner. (Ed. Code,
5329	5329	Secs. 39.1121(a), (c).)
5330	5330	Sec. 39A.257. SUPERINTENDENT FOR OPEN-ENROLLMENT CHARTER
5331	5331	SCHOOL. If the commissioner appoints a board of managers for an
5332	5332	open-enrollment charter school or a campus of an open-enrollment
5333	5333	charter school, the commissioner may also appoint a superintendent.
5334	5334	(Ed. Code, Sec. 39.1121(b).)
5335	5335	Sec. 39A.258. REMOVAL BY COMMISSIONER. Any person
5336	5336	appointed to serve on the board of managers for an open-enrollment
5337	5337	charter school or a campus of an open-enrollment charter school or
5338	5338	as superintendent serves at the discretion of the commissioner and
5339	5339	may be replaced by the commissioner at any time. (Ed. Code, Sec.
5340	5340	39.1121(e).)
5341	5341	Sec. 39A.259. COMPENSATION OF BOARD OF MANAGERS AND
5342	5342	SUPERINTENDENT. (a) The commissioner may authorize compensation
5343	5343	for a member of a board of managers for an open-enrollment charter
5344	5344	school or a campus of an open-enrollment charter school or a
5345	5345	superintendent appointed by the commissioner.
5346	5346	(b) The commissioner shall establish the terms of
5347	5347	compensation provided under Subsection (a).
5348	5348	(c) The commissioner shall use funds received by or due to
5349	5349	the former charter holder under Section 12.106 or funds returned to
5350	5350	the state from liquidation of state property held by a former
5351	5351	charter holder for compensation of a member of a board of managers
5352	5352	for an open-enrollment charter school or a campus of an
5353	5353	open-enrollment charter school or a superintendent.
5354	5354	(d) If funds described by Subsection (c) are not available
5355	5355	or the commissioner determines that the circumstances require, the
5356	5356	commissioner may use available agency funds, provided that the use
5357	5357	of the available funds for that purpose is not prohibited by other
5358	5358	law.
5359	5359	(e) To the extent this section conflicts with Section
5360	5360	39A.206(a), this section prevails. (Ed. Code, Sec. 39.1122.)
5361	5361	Sec. 39A.260. IMMUNITY; REPRESENTATION BY ATTORNEY
5362	5362	GENERAL. Any person appointed by the commissioner to serve on the
5363	5363	board of managers for an open-enrollment charter school or a campus
5364	5364	of an open-enrollment charter school or as superintendent acts on
5365	5365	behalf of the commissioner and is entitled to:
5366	5366	(1) sovereign immunity; and
5367	5367	(2) representation by the attorney general for any act
5368	5368	or omission taken while acting in the person's official capacity.
5369	5369	(Ed. Code, Sec. 39.1121(d).)
5370	5370	SUBCHAPTER G. CHALLENGE OF INTERVENTION OR SANCTION
5371	5371	Sec. 39A.301. REVIEW OF SANCTIONS BY STATE OFFICE OF
5372	5372	ADMINISTRATIVE HEARINGS. (a) A school district or open-enrollment
5373	5373	charter school that intends to challenge a decision by the
5374	5374	commissioner under this chapter to close the district or a district
5375	5375	campus or the charter school or to pursue alternative management of
5376	5376	a district campus or the charter school must appeal the decision
5377	5377	under this section.
5378	5378	(b) A challenge to a decision under this section is under
5379	5379	the substantial evidence rule as provided by Subchapter G, Chapter
5380	5380	2001, Government Code. The commissioner shall adopt procedural
5381	5381	rules for a challenge under this section.
5382	5382	(c) Notwithstanding other law:
5383	5383	(1) the State Office of Administrative Hearings shall
5384	5384	conduct an expedited review of a challenge under this section;
5385	5385	(2) the administrative law judge shall issue a final
5386	5386	order not later than the 30th day after the date on which the
5387	5387	hearing is finally closed;
5388	5388	(3) the decision of the administrative law judge is
5389	5389	final and may not be appealed; and
5390	5390	(4) the decision of the administrative law judge may
5391	5391	set an effective date for an action under this section. (Ed. Code,
5392	5392	Sec. 39.152.)
5393	5393	SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
5394	5394	Sec. 39A.901. ANNUAL REVIEW. (a) The commissioner shall
5395	5395	annually review the performance of a school district or campus
5396	5396	subject to this chapter to determine the appropriate actions to be
5397	5397	implemented under this chapter.
5398	5398	(b) The commissioner must review at least annually the
5399	5399	performance of a school district for which the accreditation status
5400	5400	or performance rating has been lowered due to insufficient student
5401	5401	performance and may not raise the accreditation status or
5402	5402	performance rating until the district has demonstrated improved
5403	5403	student performance.
5404	5404	(c) If the review conducted under this section reveals a
5405	5405	lack of improvement, the commissioner shall increase the level of
5406	5406	state intervention and sanction unless the commissioner finds good
5407	5407	cause for maintaining the current status. (Ed. Code, Sec. 39.108.)
5408	5408	Sec. 39A.902. ACQUISITION OF PROFESSIONAL SERVICES. In
5409	5409	addition to other interventions and sanctions authorized under this
5410	5410	chapter, the commissioner may order a school district or campus to
5411	5411	acquire professional services at the expense of the district or
5412	5412	campus to address the applicable financial, assessment, data
5413	5413	quality, program, performance, or governance deficiency. The
5414	5414	commissioner's order may require the district or campus to:
5415	5415	(1) select or be assigned an external auditor, data
5416	5416	quality expert, professional authorized to monitor district
5417	5417	assessment instrument administration, or curriculum or program
5418	5418	expert; or
5419	5419	(2) provide for or participate in the appropriate
5420	5420	training of district staff or board of trustees members in the case
5421	5421	of a district, or campus staff, in the case of a campus. (Ed. Code,
5422	5422	Sec. 39.109.)
5423	5423	Sec. 39A.903. COSTS PAID BY SCHOOL DISTRICT. The costs of
5424	5424	providing a monitor, conservator, management team, campus
5425	5425	intervention team, technical assistance team, managing entity, or
5426	5426	service provider under this chapter shall be paid by the school
5427	5427	district. If the district fails or refuses to pay the costs in a
5428	5428	timely manner, the commissioner may:
5429	5429	(1) pay the costs using amounts withheld from any
5430	5430	funds to which the district is otherwise entitled; or
5431	5431	(2) recover the amount of the costs in the manner
5432	5432	provided for recovery of an overallocation of state funds under
5433	5433	Section 42.258. (Ed. Code, Sec. 39.110.)
5434	5434	Sec. 39A.904. IMMUNITY FROM CIVIL LIABILITY. An employee,
5435	5435	volunteer, or contractor acting on behalf of the commissioner under
5436	5436	this chapter, or a member of a board of managers appointed by the
5437	5437	commissioner under this chapter, is immune from civil liability to
5438	5438	the same extent as a professional employee of a school district
5439	5439	under Section 22.051. (Ed. Code, Sec. 39.114.)
5440	5440	Sec. 39A.905. CAMPUS NAME CHANGE PROHIBITED. In
5441	5441	reconstituting, repurposing, or imposing any other intervention or
5442	5442	sanction on a campus under this chapter, the commissioner may not
5443	5443	require that the name of the campus be changed. (Ed. Code, Sec.
5444	5444	39.115.)
5445	5445	Sec. 39A.906. TRANSITIONAL INTERVENTIONS AND SANCTIONS.
5446	5446	(a) For a campus that received an unacceptable performance rating
5447	5447	for the 2013-2014, 2014-2015, and 2015-2016 school years, the
5448	5448	commissioner may apply the interventions and sanctions authorized
5449	5449	by Chapter 39 as that chapter existed on January 1, 2015, to the
5450	5450	campus.
5451	5451	(b) If a campus described by Subsection (a) receives an
5452	5452	unacceptable performance rating for the 2016-2017 and 2017-2018
5453	5453	school years, the commissioner shall apply the interventions and
5454	5454	sanctions authorized by Section 39A.111 to the campus.
5455	5455	(c) For a campus that received an acceptable performance
5456	5456	rating for the 2013-2014 school year and an unacceptable
5457	5457	performance rating for the 2014-2015 and 2015-2016 school years,
5458	5458	the commissioner shall apply the interventions and sanctions
5459	5459	authorized by Section 39A.101(a) to the campus.
5460	5460	(d) If a campus described by Subsection (c) receives an
5461	5461	unacceptable performance rating for the 2016-2017, 2017-2018, and
5462	5462	2018-2019 school years, the commissioner shall apply the
5463	5463	interventions and sanctions authorized by Section 39A.111 to the
5464	5464	campus.
5465	5465	(e) The commissioner may adopt rules as necessary to
5466	5466	implement this section.
5467	5467	(f) This section expires September 1, 2020. (Ed. Code, Sec.
5468	5468	39.1071.)
5469	5469	Sec. 39A.907. SPECIAL STUDENT RECOVERY PROGRAM. (a) This
5470	5470	section applies only to a school district with a student enrollment
5471	5471	of at least 60,000 that is located in a county on the international
5472	5472	border with a population of 800,000 or more.
5473	5473	(b) The commissioner may require a school district to which
5474	5474	this section applies to operate a special student recovery program
5475	5475	if the commissioner has imposed a sanction under Subchapter A based
5476	5476	on a determination that the district has, for the purpose of
5477	5477	affecting the performance rating under Section 39.054 or former
5478	5478	Section 39.072 or a distinction designation under Section 39.202 or
5479	5479	39.203 of the district or a campus in the district:
5480	5480	(1) assigned a student to a grade level to which the
5481	5481	student would not otherwise be assigned, in violation of local
5482	5482	policy;
5483	5483	(2) retained a student at a grade level at which the
5484	5484	student would not otherwise be retained, in violation of local
5485	5485	policy;
5486	5486	(3) declined to admit to the schools of the district a
5487	5487	student with limited English proficiency who was eligible for
5488	5488	admission; or
5489	5489	(4) encouraged a student who was eligible for
5490	5490	admission to the district to enroll in another district or drop out
5491	5491	of school.
5492	5492	(c) The commissioner shall require a school district to
5493	5493	which this section applies to operate a special student recovery
5494	5494	program if the superintendent or assistant superintendent of the
5495	5495	district or a principal or assistant principal of a campus in the
5496	5496	district is convicted of or receives a grant of deferred
5497	5497	adjudication community supervision for an offense associated with
5498	5498	conduct described by Subsection (b).
5499	5499	(d) A special student recovery program must include:
5500	5500	(1) identification of students affected by conduct
5501	5501	described by Subsection (b), with an emphasis on identifying and
5502	5502	obtaining current addresses for students who dropped out of school
5503	5503	after the conduct;
5504	5504	(2) notification of students identified under
5505	5505	Subdivision (1) of the availability of educational services
5506	5506	provided through the program;
5507	5507	(3) provision of appropriate compensatory, intensive,
5508	5508	and accelerated instructional services for students identified
5509	5509	under Subdivision (1), including services designed to enable
5510	5510	students to obtain high school equivalency certificates under
5511	5511	Section 7.111; and
5512	5512	(4) for students identified under Subdivision (1) who
5513	5513	are at least 21 years of age and under 26 years of age, the offer of
5514	5514	admission to the schools of the school district for the purpose of
5515	5515	completing the requirements for a high school diploma, as
5516	5516	authorized by Section 25.001.
5517	5517	(e) A student who is at least 21 years of age and is admitted
5518	5518	to the schools of the school district under Subsection (d)(4) is
5519	5519	subject to the placement restrictions described by Section
5520	5520	25.001(b-2) if the student has not attended school in the three
5521	5521	preceding school years.
5522	5522	(f) In addition to any other available funds, a school
5523	5523	district may use funds provided to the district under Section
5524	5524	42.152 to pay the costs of the program. Instructional services may
5525	5525	be provided to students identified under Subsection (d)(1) who are
5526	5526	under 26 years of age using funds provided under Section 42.152 or
5527	5527	other Foundation School Program funds, notwithstanding Section
5528	5528	42.003.
5529	5529	(g) This section requires a school district to provide
5530	5530	instructional services only to a student who is a resident of this
5531	5531	state and is eligible for admission to the schools of the district
5532	5532	under Section 25.001, including eligibility described by that
5533	5533	section for students who are under 26 years of age.
5534	5534	(h) The commissioner shall determine the duration of a
5535	5535	special student recovery program, provided that the program must
5536	5536	have a duration of at least two years. Before a program may be
5537	5537	concluded, the school district must conduct a public hearing in the
5538	5538	community served by the district to solicit comments from students,
5539	5539	parents, and other members of the community regarding whether there
5540	5540	is a continuing need for the program.
5541	5541	(i) The commissioner shall adopt rules necessary to
5542	5542	implement this section.
5543	5543	(j) This section expires September 1, 2018. (Ed. Code, Sec.
5544	5544	39.117.)
5545	5545	SECTION 21.002. The following provisions are repealed:
5546	5546	(1) Subchapter E, Chapter 39, Education Code; and
5547	5547	(2) Section 39.152, Education Code.
5548	5548	SECTION 21.003. The following changes are made to conform
5549	5549	the provisions amended to the nonsubstantive revision set out in
5550	5550	Section 21.001 of this Act:
5551	5551	(1) Section 7.028(a), Education Code, is amended to
5552	5552	read as follows:
5553	5553	(a) Except as provided by Section 29.001(5), 29.010(a), or
5554	5554	39.057, the agency may monitor compliance with requirements
5555	5555	applicable to a process or program provided by a school district,
5556	5556	campus, program, or school granted charters under Chapter 12,
5557	5557	including the process described by Subchapter F, Chapter 11, or a
5558	5558	program described by Subchapter B, C, D, E, F, H, or I, Chapter 29,
5559	5559	Subchapter A, Chapter 37, or Section 38.003, and the use of funds
5560	5560	provided for such a program under Subchapter C, Chapter 42, only as
5561	5561	necessary to ensure:
5562	5562	(1) compliance with federal law and regulations;
5563	5563	(2) financial accountability, including compliance
5564	5564	with grant requirements; and
5565	5565	(3) data integrity for purposes of:
5566	5566	(A) the Public Education Information Management
5567	5567	System (PEIMS); and
5568	5568	(B) accountability under Chapters [Chapter] 39
5569	5569	and 39A.
5570	5570	(2) Section 7.055(b)(32), Education Code, is amended
5571	5571	to read as follows:
5572	5572	(32) The commissioner shall perform duties in
5573	5573	connection with the public school accountability system as
5574	5574	prescribed by Chapters [Chapter] 39 and 39A.
5575	5575	(3) Sections 7.056(e) and (f), Education Code, are
5576	5576	amended to read as follows:
5577	5577	(e) Except as provided by Subsection (f), a school campus or
5578	5578	district may not receive an exemption or waiver under this section
5579	5579	from:
5580	5580	(1) a prohibition on conduct that constitutes a
5581	5581	criminal offense;
5582	5582	(2) a requirement imposed by federal law or rule,
5583	5583	including a requirement for special education or bilingual
5584	5584	education programs; or
5585	5585	(3) a requirement, restriction, or prohibition
5586	5586	relating to:
5587	5587	(A) essential knowledge or skills under Section
5588	5588	28.002 or high school graduation requirements under Section 28.025;
5589	5589	(B) public school accountability as provided by
5590	5590	Subchapters B, C, D, [E,] and J, Chapter 39, and Chapter 39A;
5591	5591	(C) extracurricular activities under Section
5592	5592	33.081 or participation in a University Interscholastic League
5593	5593	area, regional, or state competition under Section 33.0812;
5594	5594	(D) health and safety under Chapter 38;
5595	5595	(E) purchasing under Subchapter B, Chapter 44;
5596	5596	(F) elementary school class size limits, except
5597	5597	as provided by Section 25.112;
5598	5598	(G) removal of a disruptive student from the
5599	5599	classroom under Subchapter A, Chapter 37;
5600	5600	(H) at-risk programs under Subchapter C, Chapter
5601	5601	29;
5602	5602	(I) prekindergarten programs under Subchapter E,
5603	5603	Chapter 29;
5604	5604	(J) educator rights and benefits under
5605	5605	Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter
5606	5606	A, Chapter 22;
5607	5607	(K) special education programs under Subchapter
5608	5608	A, Chapter 29;
5609	5609	(L) bilingual education programs under
5610	5610	Subchapter B, Chapter 29; or
5611	5611	(M) the requirements for the first day of
5612	5612	instruction under Section 25.0811.
5613	5613	(f) A school district or campus that is required to develop
5614	5614	and implement a student achievement improvement plan under
5615	5615	Subchapter A, Chapter 39A, or Section 39A.051 [Section 39.102 or
5616	5616	39.103] may receive an exemption or waiver under this section from
5617	5617	any law or rule other than:
5618	5618	(1) a prohibition on conduct that constitutes a
5619	5619	criminal offense;
5620	5620	(2) a requirement imposed by federal law or rule;
5621	5621	(3) a requirement, restriction, or prohibition
5622	5622	imposed by state law or rule relating to:
5623	5623	(A) public school accountability as provided by
5624	5624	Subchapters B, C, D, [E,] and J, Chapter 39, and Chapter 39A; or
5625	5625	(B) educator rights and benefits under
5626	5626	Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter
5627	5627	A, Chapter 22; or
5628	5628	(4) selection of instructional materials under
5629	5629	Chapter 31.
5630	5630	(4) Section 7.102(c)(29), Education Code, is amended
5631	5631	to read as follows:
5632	5632	(29) The board shall perform duties in connection with
5633	5633	the public school accountability system as prescribed by Chapters
5634	5634	[Chapter] 39 and 39A.
5635	5635	(5) Section 12.013(b), Education Code, is amended to
5636	5636	read as follows:
5637	5637	(b) A home-rule school district is subject to:
5638	5638	(1) a provision of this title establishing a criminal
5639	5639	offense;
5640	5640	(2) a provision of this title relating to limitations
5641	5641	on liability; and
5642	5642	(3) a prohibition, restriction, or requirement, as
5643	5643	applicable, imposed by this title or a rule adopted under this
5644	5644	title, relating to:
5645	5645	(A) the Public Education Information Management
5646	5646	System (PEIMS) to the extent necessary to monitor compliance with
5647	5647	this subchapter as determined by the commissioner;
5648	5648	(B) educator certification under Chapter 21 and
5649	5649	educator rights under Sections 21.407, 21.408, and 22.001;
5650	5650	(C) criminal history records under Subchapter C,
5651	5651	Chapter 22;
5652	5652	(D) student admissions under Section 25.001;
5653	5653	(E) school attendance under Sections 25.085,
5654	5654	25.086, and 25.087;
5655	5655	(F) inter-district or inter-county transfers of
5656	5656	students under Subchapter B, Chapter 25;
5657	5657	(G) elementary class size limits under Section
5658	5658	25.112, in the case of any campus in the district that fails to
5659	5659	satisfy any standard under Section 39.054(e);
5660	5660	(H) high school graduation under Section 28.025;
5661	5661	(I) special education programs under Subchapter
5662	5662	A, Chapter 29;
5663	5663	(J) bilingual education under Subchapter B,
5664	5664	Chapter 29;
5665	5665	(K) prekindergarten programs under Subchapter E,
5666	5666	Chapter 29;
5667	5667	(L) safety provisions relating to the
5668	5668	transportation of students under Sections 34.002, 34.003, 34.004,
5669	5669	and 34.008;
5670	5670	(M) computation and distribution of state aid
5671	5671	under Chapters 31, 42, and 43;
5672	5672	(N) extracurricular activities under Section
5673	5673	33.081;
5674	5674	(O) health and safety under Chapter 38;
5675	5675	(P) public school accountability under
5676	5676	Subchapters B, C, D, [E,] and J, Chapter 39, and Chapter 39A;
5677	5677	(Q) equalized wealth under Chapter 41;
5678	5678	(R) a bond or other obligation or tax rate under
5679	5679	Chapters 42, 43, and 45; and
5680	5680	(S) purchasing under Chapter 44.
5681	5681	(6) Section 12.016, Education Code, is amended to read
5682	5682	as follows:
5683	5683	Sec. 12.016. CONTENT. Each home-rule school district
5684	5684	charter must:
5685	5685	(1) describe the educational program to be offered;
5686	5686	(2) provide that continuation of the home-rule school
5687	5687	district charter is contingent on:
5688	5688	(A) acceptable student performance on assessment
5689	5689	instruments adopted under Subchapter B, Chapter 39; and
5690	5690	(B) compliance with other applicable
5691	5691	accountability provisions under Chapters [Chapter] 39 and 39A;
5692	5692	(3) specify any basis, in addition to a basis
5693	5693	specified by this subchapter, on which the charter may be placed on
5694	5694	probation or revoked;
5695	5695	(4) describe the governing structure of the district
5696	5696	and campuses;
5697	5697	(5) specify any procedure or requirement, in addition
5698	5698	to those under Chapter 38, that the district will follow to ensure
5699	5699	the health and safety of students and employees;
5700	5700	(6) describe the process by which the district will
5701	5701	adopt an annual budget, including a description of the use of
5702	5702	program-weight funds;
5703	5703	(7) describe the manner in which an annual audit of
5704	5704	financial and programmatic operations of the district is to be
5705	5705	conducted, including the manner in which the district will provide
5706	5706	information necessary for the district to participate in the Public
5707	5707	Education Information Management System (PEIMS) to the extent
5708	5708	required by this subchapter; and
5709	5709	(8) include any other provision the charter commission
5710	5710	considers necessary.
5711	5711	(7) Section 12.056(b), Education Code, is amended to
5712	5712	read as follows:
5713	5713	(b) A campus or program for which a charter is granted under
5714	5714	this subchapter is subject to:
5715	5715	(1) a provision of this title establishing a criminal
5716	5716	offense; and
5717	5717	(2) a prohibition, restriction, or requirement, as
5718	5718	applicable, imposed by this title or a rule adopted under this
5719	5719	title, relating to:
5720	5720	(A) the Public Education Information Management
5721	5721	System (PEIMS) to the extent necessary to monitor compliance with
5722	5722	this subchapter as determined by the commissioner;
5723	5723	(B) criminal history records under Subchapter C,
5724	5724	Chapter 22;
5725	5725	(C) high school graduation under Section 28.025;
5726	5726	(D) special education programs under Subchapter
5727	5727	A, Chapter 29;
5728	5728	(E) bilingual education under Subchapter B,
5729	5729	Chapter 29;
5730	5730	(F) prekindergarten programs under Subchapter E,
5731	5731	Chapter 29;
5732	5732	(G) extracurricular activities under Section
5733	5733	33.081;
5734	5734	(H) health and safety under Chapter 38; and
5735	5735	(I) public school accountability under
5736	5736	Subchapters B, C, D, [E,] F, and J, Chapter 39, and Chapter 39A.
5737	5737	(8) Section 12.059, Education Code, is amended to read
5738	5738	as follows:
5739	5739	Sec. 12.059. CONTENT. Each charter granted under this
5740	5740	subchapter must:
5741	5741	(1) describe the educational program to be offered,
5742	5742	which may be a general or specialized program;
5743	5743	(2) provide that continuation of the charter is
5744	5744	contingent on satisfactory student performance under Subchapter B,
5745	5745	Chapter 39, satisfactory financial performance under Subchapter D,
5746	5746	Chapter 39, and compliance with other applicable accountability
5747	5747	provisions under Chapters [Chapter] 39 and 39A;
5748	5748	(3) specify any basis, in addition to a basis
5749	5749	specified by this subchapter, on which the charter may be revoked;
5750	5750	(4) prohibit discrimination in admission on the basis
5751	5751	of national origin, ethnicity, race, religion, or disability;
5752	5752	(5) describe the governing structure of the campus or
5753	5753	program;
5754	5754	(6) specify any procedure or requirement, in addition
5755	5755	to those under Chapter 38, that the campus or program will follow to
5756	5756	ensure the health and safety of students and employees; and
5757	5757	(7) describe the manner in which an annual audit of
5758	5758	financial and programmatic operations of the campus or program is
5759	5759	to be conducted, including the manner in which the campus or program
5760	5760	will provide information necessary for the school district in which
5761	5761	it is located to participate, as required by this code or by
5762	5762	commissioner rule, in the Public Education Information Management
5763	5763	System (PEIMS).
5764	5764	(9) Section 12.102, Education Code, is amended to read
5765	5765	as follows:
5766	5766	Sec. 12.102. AUTHORITY UNDER CHARTER. An open-enrollment
5767	5767	charter school:
5768	5768	(1) shall provide instruction to students at one or
5769	5769	more elementary or secondary grade levels as provided by the
5770	5770	charter;
5771	5771	(2) is governed under the governing structure
5772	5772	described by the charter;
5773	5773	(3) retains authority to operate under the charter to
5774	5774	the extent authorized under Sections 12.1141 and 12.115 and Chapter
5775	5775	39A [Subchapter E, Chapter 39]; and
5776	5776	(4) does not have authority to impose taxes.
5777	5777	(10) Section 12.104(b), Education Code, is amended to
5778	5778	read as follows:
5779	5779	(b) An open-enrollment charter school is subject to:
5780	5780	(1) a provision of this title establishing a criminal
5781	5781	offense; and
5782	5782	(2) a prohibition, restriction, or requirement, as
5783	5783	applicable, imposed by this title or a rule adopted under this
5784	5784	title, relating to:
5785	5785	(A) the Public Education Information Management
5786	5786	System (PEIMS) to the extent necessary to monitor compliance with
5787	5787	this subchapter as determined by the commissioner;
5788	5788	(B) criminal history records under Subchapter C,
5789	5789	Chapter 22;
5790	5790	(C) reading instruments and accelerated reading
5791	5791	instruction programs under Section 28.006;
5792	5792	(D) accelerated instruction under Section
5793	5793	28.0211;
5794	5794	(E) high school graduation requirements under
5795	5795	Section 28.025;
5796	5796	(F) special education programs under Subchapter
5797	5797	A, Chapter 29;
5798	5798	(G) bilingual education under Subchapter B,
5799	5799	Chapter 29;
5800	5800	(H) prekindergarten programs under Subchapter E
5801	5801	or E-1, Chapter 29;
5802	5802	(I) extracurricular activities under Section
5803	5803	33.081;
5804	5804	(J) discipline management practices or behavior
5805	5805	management techniques under Section 37.0021;
5806	5806	(K) health and safety under Chapter 38;
5807	5807	(L) public school accountability under
5808	5808	Subchapters B, C, D, [E,] F, G, and J, Chapter 39, and Chapter 39A;
5809	5809	(M) the requirement under Section 21.006 to
5810	5810	report an educator's misconduct;
5811	5811	(N) intensive programs of instruction under
5812	5812	Section 28.0213; and
5813	5813	(O) the right of a school employee to report a
5814	5814	crime, as provided by Section 37.148.
5815	5815	(11) Section 12.111(a), Education Code, is amended to
5816	5816	read as follows:
5817	5817	(a) Each charter granted under this subchapter must:
5818	5818	(1) describe the educational program to be offered,
5819	5819	which must include the required curriculum as provided by Section
5820	5820	28.002;
5821	5821	(2) provide that continuation of the charter is
5822	5822	contingent on the status of the charter as determined under Section
5823	5823	12.1141 or 12.115 or under Chapter 39A [Subchapter E, Chapter 39];
5824	5824	(3) specify the academic, operational, and financial
5825	5825	performance expectations by which a school operating under the
5826	5826	charter will be evaluated, which must include applicable elements
5827	5827	of the performance frameworks adopted under Section 12.1181;
5828	5828	(4) specify:
5829	5829	(A) any basis, in addition to a basis specified
5830	5830	by this subchapter or Chapter 39A [Subchapter E, Chapter 39], on
5831	5831	which the charter may be revoked, renewal of the charter may be
5832	5832	denied, or the charter may be allowed to expire; and
5833	5833	(B) the standards for evaluation of a school
5834	5834	operating under the charter for purposes of charter renewal, denial
5835	5835	of renewal, expiration, revocation, or other intervention in
5836	5836	accordance with Section 12.1141 or 12.115 or Chapter 39A
5837	5837	[Subchapter E, Chapter 39], as applicable;
5838	5838	(5) prohibit discrimination in admission policy on the
5839	5839	basis of sex, national origin, ethnicity, religion, disability,
5840	5840	academic, artistic, or athletic ability, or the district the child
5841	5841	would otherwise attend in accordance with this code, although the
5842	5842	charter may:
5843	5843	(A) provide for the exclusion of a student who
5844	5844	has a documented history of a criminal offense, a juvenile court
5845	5845	adjudication, or discipline problems under Subchapter A, Chapter
5846	5846	37; and
5847	5847	(B) provide for an admission policy that requires
5848	5848	a student to demonstrate artistic ability if the school specializes
5849	5849	in performing arts;
5850	5850	(6) specify the grade levels to be offered;
5851	5851	(7) describe the governing structure of the program,
5852	5852	including:
5853	5853	(A) the officer positions designated;
5854	5854	(B) the manner in which officers are selected and
5855	5855	removed from office;
5856	5856	(C) the manner in which members of the governing
5857	5857	body of the school are selected and removed from office;
5858	5858	(D) the manner in which vacancies on that
5859	5859	governing body are filled;
5860	5860	(E) the term for which members of that governing
5861	5861	body serve; and
5862	5862	(F) whether the terms are to be staggered;
5863	5863	(8) specify the powers or duties of the governing body
5864	5864	of the school that the governing body may delegate to an officer;
5865	5865	(9) specify the manner in which the school will
5866	5866	distribute to parents information related to the qualifications of
5867	5867	each professional employee of the program, including any
5868	5868	professional or educational degree held by each employee, a
5869	5869	statement of any certification under Subchapter B, Chapter 21, held
5870	5870	by each employee, and any relevant experience of each employee;
5871	5871	(10) describe the process by which the person
5872	5872	providing the program will adopt an annual budget;
5873	5873	(11) describe the manner in which an annual audit of
5874	5874	the financial and programmatic operations of the program is to be
5875	5875	conducted, including the manner in which the person providing the
5876	5876	program will provide information necessary for the school district
5877	5877	in which the program is located to participate, as required by this
5878	5878	code or by commissioner rule, in the Public Education Information
5879	5879	Management System (PEIMS);
5880	5880	(12) describe the facilities to be used;
5881	5881	(13) describe the geographical area served by the
5882	5882	program;
5883	5883	(14) specify any type of enrollment criteria to be
5884	5884	used;
5885	5885	(15) provide information, as determined by the
5886	5886	commissioner, relating to any management company that will provide
5887	5887	management services to a school operating under the charter; and
5888	5888	(16) specify that the governing body of an
5889	5889	open-enrollment charter school accepts and may not delegate
5890	5890	ultimate responsibility for the school, including the school's
5891	5891	academic performance and financial and operational viability, and
5892	5892	is responsible for overseeing any management company providing
5893	5893	management services for the school and for holding the management
5894	5894	company accountable for the school's performance.
5895	5895	(12) Section 12.1141(a), Education Code, is amended to
5896	5896	read as follows:
5897	5897	(a) The commissioner shall develop and by rule adopt a
5898	5898	procedure for renewal, denial of renewal, or expiration of a
5899	5899	charter for an open-enrollment charter school at the end of the term
5900	5900	of the charter. The procedure must include consideration of the
5901	5901	performance under Chapters [Chapter] 39 and 39A of the charter
5902	5902	holder and each campus operating under the charter and must include
5903	5903	three distinct processes, which must be expedited renewal,
5904	5904	discretionary consideration of renewal or denial of renewal, and
5905	5905	expiration. To renew a charter at the end of the term, the charter
5906	5906	holder must submit a petition for renewal to the commissioner in the
5907	5907	time and manner established by commissioner rule.
5908	5908	(13) Section 12.1162(a), Education Code, is amended to
5909	5909	read as follows:
5910	5910	(a) The commissioner shall take any of the actions described
5911	5911	by Subsection (b) or by Section 39A.001, 39A.002, 39A.004, 39A.005,
5912	5912	or 39A.007 [39.102(a)], to the extent the commissioner determines
5913	5913	necessary, if an open-enrollment charter school, as determined by a
5914	5914	report issued under Section 39.058(b):
5915	5915	(1) commits a material violation of the school's
5916	5916	charter;
5917	5917	(2) fails to satisfy generally accepted accounting
5918	5918	standards of fiscal management; or
5919	5919	(3) fails to comply with this subchapter or another
5920	5920	applicable rule or law.
5921	5921	(14) Section 12A.004(a), Education Code, is amended to
5922	5922	read as follows:
5923	5923	(a) A local innovation plan may not provide for the
5924	5924	exemption of a district designated as a district of innovation from
5925	5925	the following provisions of this title:
5926	5926	(1) a state or federal requirement applicable to an
5927	5927	open-enrollment charter school operating under Subchapter D,
5928	5928	Chapter 12;
5929	5929	(2) Subchapters A, C, D, and E, Chapter 11, except that
5930	5930	a district may be exempt from Sections 11.1511(b)(5) and (14) and
5931	5931	Section 11.162;
5932	5932	(3) state curriculum and graduation requirements
5933	5933	adopted under Chapter 28; and
5934	5934	(4) academic and financial accountability and
5935	5935	sanctions under Chapters [Chapter] 39 and 39A.
5936	5936	(15) Section 18.006(a), Education Code, is amended to
5937	5937	read as follows:
5938	5938	(a) The commissioner shall develop and implement a system of
5939	5939	accountability consistent with Chapters [Chapter] 39 and 39A, where
5940	5940	appropriate, to be used in assigning an annual performance rating
5941	5941	to Job Corps diploma programs comparable to the ratings assigned to
5942	5942	school districts under Section 39.054. The commissioner may
5943	5943	develop and implement a system of distinction designations
5944	5944	consistent with Subchapter G, Chapter 39, where appropriate, to be
5945	5945	used in assigning distinction designations to Job Corps diploma
5946	5946	programs comparable to the distinction designations assigned to
5947	5947	campuses under Subchapter G, Chapter 39.
5948	5948	(16) Sections 28.006(e) and (j), Education Code, are
5949	5949	amended to read as follows:
5950	5950	(e) The results of reading instruments administered under
5951	5951	this section may not be used for purposes of appraisals and
5952	5952	incentives under Chapter 21 or accountability under Chapters
5953	5953	[Chapter] 39 and 39A.
5954	5954	(j) No more than 15 percent of the funds certified by the
5955	5955	commissioner under Subsection (i) may be spent on indirect costs.
5956	5956	The commissioner shall evaluate the programs that fail to meet the
5957	5957	standard of performance under Section 39.301(c)(5) and may
5958	5958	implement interventions or sanctions under Chapter 39A [Subchapter
5959	5959	E, Chapter 39]. The commissioner may audit the expenditures of
5960	5960	funds appropriated for purposes of this section. The use of the
5961	5961	funds appropriated for purposes of this section shall be verified
5962	5962	as part of the district audit under Section 44.008.
5963	5963	(17) Section 28.007(b), Education Code, is amended to
5964	5964	read as follows:
5965	5965	(b) The results of assessment instruments developed under
5966	5966	Subsection (a) may not be used for purposes of appraisals and
5967	5967	incentives under Chapter 21 or accountability under Chapters
5968	5968	[Chapter] 39 and 39A.
5969	5969	(18) Section 29.918(c), Education Code, is amended to
5970	5970	read as follows:
5971	5971	(c) The commissioner shall adopt rules to administer this
5972	5972	section. The commissioner may impose interventions or sanctions
5973	5973	under Subchapter A, Chapter 39A, or Section 39A.251, 39A.252, or
5974	5974	39A.253 [39.102 or 39.104] if a school district or open-enrollment
5975	5975	charter school fails to timely comply with this section.
5976	5976	(19) Section 37.008(c), Education Code, is amended to
5977	5977	read as follows:
5978	5978	(c) An off-campus disciplinary alternative education
5979	5979	program is not subject to a requirement imposed by this title, other
5980	5980	than a limitation on liability, a reporting requirement, or a
5981	5981	requirement imposed by this chapter or by Chapter 39 or 39A.
5982	5982	(20) Sections 37.011(g) and (h), Education Code, are
5983	5983	amended to read as follows:
5984	5984	(g) A juvenile justice alternative education program shall
5985	5985	be subject to a written operating policy developed by the local
5986	5986	juvenile justice board and submitted to the Texas Juvenile Justice
5987	5987	Department for review and comment. A juvenile justice alternative
5988	5988	education program is not subject to a requirement imposed by this
5989	5989	title, other than a reporting requirement or a requirement imposed
5990	5990	by this chapter or by Chapter 39 or 39A.
5991	5991	(h) Academically, the mission of juvenile justice
5992	5992	alternative education programs shall be to enable students to
5993	5993	perform at grade level. For purposes of accountability under
5994	5994	Chapters [Chapter] 39 and 39A, a student enrolled in a juvenile
5995	5995	justice alternative education program is reported as if the student
5996	5996	were enrolled at the student's assigned campus in the student's
5997	5997	regularly assigned education program, including a special
5998	5998	education program. Annually the Texas Juvenile Justice Department,
5999	5999	with the agreement of the commissioner, shall develop and implement
6000	6000	a system of accountability consistent with Chapters [Chapter] 39
6001	6001	and 39A, where appropriate, to assure that students make progress
6002	6002	toward grade level while attending a juvenile justice alternative
6003	6003	education program. The department shall adopt rules for the
6004	6004	distribution of funds appropriated under this section to juvenile
6005	6005	boards in counties required to establish juvenile justice
6006	6006	alternative education programs. Except as determined by the
6007	6007	commissioner, a student served by a juvenile justice alternative
6008	6008	education program on the basis of an expulsion required under
6009	6009	Section 37.007(a), (d), or (e) is not eligible for Foundation
6010	6010	School Program funding under Chapter 42 or 31 if the juvenile
6011	6011	justice alternative education program receives funding from the
6012	6012	department under this subchapter.
6013	6013	(21) Sections 39.057(d) and (e), Education Code, are
6014	6014	amended to read as follows:
6015	6015	(d) Based on the results of a special accreditation
6016	6016	investigation, the commissioner may:
6017	6017	(1) take appropriate action under Chapter 39A
6018	6018	[Subchapter E];
6019	6019	(2) lower the school district's accreditation status
6020	6020	or a district's or campus's accountability rating; or
6021	6021	(3) take action under both Subdivisions (1) and (2).
6022	6022	(e) Regardless of whether the commissioner lowers the
6023	6023	school district's accreditation status or a district's or campus's
6024	6024	performance rating under Subsection (d), the commissioner may take
6025	6025	action under Section 39A.002 or 39A.051 [Sections 39.102(a)(1)
6026	6026	through (8) or Section 39.103] if the commissioner determines that
6027	6027	the action is necessary to improve any area of a district's or
6028	6028	campus's performance, including the district's financial
6029	6029	accounting practices.
6030	6030	(22) Section 39.0823(d), Education Code, is amended to
6031	6031	read as follows:
6032	6032	(d) The agency may require a district or open-enrollment
6033	6033	charter school to submit additional information needed to produce a
6034	6034	financial report under Subsection (a). If a district or school
6035	6035	fails to provide information requested under this subsection or if
6036	6036	the commissioner determines that the information submitted by a
6037	6037	district or school is unreliable, the commissioner may order the
6038	6038	district or school to acquire professional services as provided by
6039	6039	Section 39A.902 [39.109].
6040	6040	(23) Section 39.0824(b), Education Code, is amended to
6041	6041	read as follows:
6042	6042	(b) The commissioner may impose appropriate sanctions under
6043	6043	Chapter 39A [Subchapter E] against a district or school failing to
6044	6044	submit or implement a corrective action plan required under
6045	6045	Subsection (a).
6046	6046	(24) The heading to Subchapter F, Chapter 39,
6047	6047	Education Code, is amended to read as follows:
6048	6048	SUBCHAPTER F. PROCEDURES FOR CHALLENGE OF ACCOUNTABILITY
6049	6049	DETERMINATION[, INTERVENTION, OR SANCTION]
6050	6050	(25) Section 39.232(b), Education Code, is amended to
6051	6051	read as follows:
6052	6052	(b) A school campus or district is not exempt under this
6053	6053	section from:
6054	6054	(1) a prohibition on conduct that constitutes a
6055	6055	criminal offense;
6056	6056	(2) requirements imposed by federal law or rule,
6057	6057	including requirements for special education or bilingual
6058	6058	education programs; or
6059	6059	(3) a requirement, restriction, or prohibition
6060	6060	relating to:
6061	6061	(A) curriculum essential knowledge and skills
6062	6062	under Section 28.002 or high school graduation requirements under
6063	6063	Section 28.025;
6064	6064	(B) public school accountability as provided by
6065	6065	Subchapters B, C, D, [E,] and J and Chapter 39A;
6066	6066	(C) extracurricular activities under Section
6067	6067	33.081;
6068	6068	(D) health and safety under Chapter 38;
6069	6069	(E) purchasing under Subchapter B, Chapter 44;
6070	6070	(F) elementary school class size limits, except
6071	6071	as provided by Subsection (d) or Section 25.112;
6072	6072	(G) removal of a disruptive student from the
6073	6073	classroom under Subchapter A, Chapter 37;
6074	6074	(H) at risk programs under Subchapter C, Chapter
6075	6075	29;
6076	6076	(I) prekindergarten programs under Subchapter E,
6077	6077	Chapter 29;
6078	6078	(J) rights and benefits of school employees;
6079	6079	(K) special education programs under Subchapter
6080	6080	A, Chapter 29; or
6081	6081	(L) bilingual education programs under
6082	6082	Subchapter B, Chapter 29.
6083	6083	(26) Section 39.306(a), Education Code, is amended to
6084	6084	read as follows:
6085	6085	(a) Each board of trustees shall publish an annual report
6086	6086	describing the educational performance of the district and of each
6087	6087	campus in the district that includes uniform student performance
6088	6088	and descriptive information as determined under rules adopted by
6089	6089	the commissioner. The annual report must also include:
6090	6090	(1) campus performance objectives established under
6091	6091	Section 11.253 and the progress of each campus toward those
6092	6092	objectives, which shall be available to the public;
6093	6093	(2) information indicating the district's
6094	6094	accreditation status and identifying each district campus awarded a
6095	6095	distinction designation under Subchapter G or considered an
6096	6096	unacceptable campus under Chapter 39A [Subchapter E];
6097	6097	(3) the district's current special education
6098	6098	compliance status with the agency;
6099	6099	(4) a statement of the number, rate, and type of
6100	6100	violent or criminal incidents that occurred on each district
6101	6101	campus, to the extent permitted under the Family Educational Rights
6102	6102	and Privacy Act of 1974 (20 U.S.C. Section 1232g);
6103	6103	(5) information concerning school violence prevention
6104	6104	and violence intervention policies and procedures that the district
6105	6105	is using to protect students;
6106	6106	(6) the findings that result from evaluations
6107	6107	conducted under the Safe and Drug-Free Schools and Communities Act
6108	6108	of 1994 (20 U.S.C. Section 7101 et seq.); and
6109	6109	(7) information received under Section 51.403(e) for
6110	6110	each high school campus in the district, presented in a form
6111	6111	determined by the commissioner.
6112	6112	(27) Section 39.333, Education Code, is amended to
6113	6113	read as follows:
6114	6114	Sec. 39.333. REGIONAL AND DISTRICT LEVEL REPORT. As part of
6115	6115	the comprehensive biennial report under Section 39.332, the agency
6116	6116	shall submit a regional and district level report covering the
6117	6117	preceding two school years and containing:
6118	6118	(1) a summary of school district compliance with the
6119	6119	student/teacher ratios and class-size limitations prescribed by
6120	6120	Sections 25.111 and 25.112, including:
6121	6121	(A) the number of campuses and classes at each
6122	6122	campus granted an exception from Section 25.112; and
6123	6123	(B) for each campus granted an exception from
6124	6124	Section 25.112, a statement of whether the campus has been awarded a
6125	6125	distinction designation under Subchapter G or has been identified
6126	6126	as an unacceptable campus under Chapter 39A [Subchapter E];
6127	6127	(2) a summary of the exemptions and waivers granted to
6128	6128	campuses and school districts under Section 7.056 or 39.232 and a
6129	6129	review of the effectiveness of each campus or district following
6130	6130	deregulation;
6131	6131	(3) an evaluation of the performance of the system of
6132	6132	regional education service centers based on the indicators adopted
6133	6133	under Section 8.101 and client satisfaction with services provided
6134	6134	under Subchapter B, Chapter 8;
6135	6135	(4) an evaluation of accelerated instruction programs
6136	6136	offered under Section 28.006, including an assessment of the
6137	6137	quality of such programs and the performance of students enrolled
6138	6138	in such programs; and
6139	6139	(5) the number of classes at each campus that are
6140	6140	currently being taught by individuals who are not certified in the
6141	6141	content areas of their respective classes.
6142	6142	(28) Section 39.361, Education Code, is amended to
6143	6143	read as follows:
6144	6144	Sec. 39.361. NOTICE IN STUDENT GRADE REPORT. The first
6145	6145	written notice of a student's performance that a school district
6146	6146	gives during a school year as required by Section 28.022(a)(2) must
6147	6147	include:
6148	6148	(1) a statement of whether the campus at which the
6149	6149	student is enrolled has been awarded a distinction designation
6150	6150	under Subchapter G or has been identified as an unacceptable campus
6151	6151	under Chapter 39A [Subchapter E]; and
6152	6152	(2) an explanation of the significance of the
6153	6153	information provided under Subdivision (1).
6154	6154	(29) Section 44.0011, Education Code, is amended to
6155	6155	read as follows:
6156	6156	Sec. 44.0011. FISCAL YEAR. The fiscal year of a school
6157	6157	district begins on July 1 or September 1 of each year, as determined
6158	6158	by the board of trustees of the district. The commissioner may
6159	6159	adopt rules concerning the submission of information by a district
6160	6160	under Chapter 39, 39A, or 42 based on the fiscal year of the
6161	6161	district.
6162	6162	(30) Section 45.261(d), Education Code, is amended to
6163	6163	read as follows:
6164	6164	(d) If a school district fails to comply with the
6165	6165	commissioner's order under Subsection (c), the commissioner may
6166	6166	impose any sanction on the district authorized to be imposed on a
6167	6167	district under Chapter 39A [Subchapter E, Chapter 39], including
6168	6168	appointment of a board of managers or annexation to another
6169	6169	district, regardless of the district's accreditation status or the
6170	6170	duration of a particular accreditation status.
6171	6171	(31) Section 51.751(b), Education Code, is amended to
6172	6172	read as follows:
6173	6173	(b) The center shall examine the efficiency of the public
6174	6174	school system and the effectiveness of instructional methods and
6175	6175	curricular programs and promote the use of successful methods and
6176	6176	programs. The center shall monitor and evaluate the implementation
6177	6177	of the accountability system under Chapters [Chapter] 39 and 39A
6178	6178	and provide annual progress reports to the governor, Legislative
6179	6179	Budget Board, and commissioner of education.
6180	6180	(32) Section 302.006(c), Labor Code, is amended to
6181	6181	read as follows:
6182	6182	(c) To be eligible to receive a scholarship awarded under
6183	6183	this section, a person must:
6184	6184	(1) be employed in a child-care facility, as defined
6185	6185	by Section 42.002, Human Resources Code;
6186	6186	(2) intend to obtain a credential, certificate, or
6187	6187	degree specified in Subsection (b);
6188	6188	(3) agree to work for at least 18 additional months in
6189	6189	a child-care facility, as defined by Section 42.002, Human
6190	6190	Resources Code, that accepts federal Child Care and Development
6191	6191	Fund subsidies and that, at the time the person begins to fulfill
6192	6192	the work requirement imposed by this subdivision, is located:
6193	6193	(A) within the attendance zone of a public school
6194	6194	campus considered low-performing under Chapter 39A [Subchapter E,
6195	6195	Chapter 39], Education Code; or
6196	6196	(B) in an economically disadvantaged community,
6197	6197	as determined by the commission; and
6198	6198	(4) satisfy any other requirements adopted by the
6199	6199	commission.
6200	6200	ARTICLE 22. CHANGES RELATING TO THE ESTATES CODE AND CODIFICATION
6201	6201	OF THE TEXAS PROBATE CODE
6202	6202	SECTION 22.001. Section 21.751(4), Business Organizations
6203	6203	Code, is amended to read as follows:
6204	6204	(4) "Shareholder" means a record or beneficial owner
6205	6205	of shares in a close corporation, including:
6206	6206	(A) a person holding a beneficial interest in the
6207	6207	shares under an inter vivos, testamentary, or voting trust; or
6208	6208	(B) the personal representative, as defined by
6209	6209	the Estates [Texas Probate] Code, of a record or beneficial owner.
6210	6210	SECTION 22.002. Section 64.034(b), Civil Practice and
6211	6211	Remedies Code, is amended to read as follows:
6212	6212	(b) A receiver appointed for a missing person under Section
6213	6213	64.001(d) who has on hand an amount of money belonging to the
6214	6214	missing person in excess of the amount needed for current
6215	6215	necessities and expenses may, on order of the court, invest, lend,
6216	6216	or contribute all or a part of the excess amount in the manner
6217	6217	provided by Chapter 1161, Estates [Subpart L, Part 4, Chapter XIII,
6218	6218	Texas Probate] Code, for investments, loans, or contributions by
6219	6219	guardians. The receiver shall report to the court all transactions
6220	6220	involving the excess amount in the manner that reports are required
6221	6221	of guardians.
6222	6222	SECTION 22.003. Section 64.102(a), Civil Practice and
6223	6223	Remedies Code, is amended to read as follows:
6224	6224	(a) The court shall appoint an attorney ad litem to
6225	6225	represent the interests of a missing person at a proceeding to
6226	6226	appoint a receiver for the missing person under Section 64.001(d).
6227	6227	To be eligible for appointment as an attorney ad litem under this
6228	6228	subsection, a person must be certified in the same manner and to the
6229	6229	same extent as a person who is appointed as an attorney ad litem for
6230	6230	a proposed ward under Section 1054.001, Estates [646, Texas
6231	6231	Probate] Code.
6232	6232	SECTION 22.004. Section 64.105(c), Civil Practice and
6233	6233	Remedies Code, is amended to read as follows:
6234	6234	(c) For official services rendered, the receiver is
6235	6235	entitled to be compensated in the same manner and amount as is
6236	6236	provided by Title 3, Estates [Chapter XIII, Texas Probate] Code,
6237	6237	for similar services rendered by guardians of estates.
6238	6238	SECTION 22.005. Section 71.012, Civil Practice and Remedies
6239	6239	Code, is amended to read as follows:
6240	6240	Sec. 71.012. QUALIFICATION OF FOREIGN PERSONAL
6241	6241	REPRESENTATIVE. If the executor or administrator of the estate of a
6242	6242	nonresident individual is the plaintiff in an action under this
6243	6243	subchapter, the foreign personal representative of the estate who
6244	6244	has complied with the requirements of Section 95, Texas Probate
6245	6245	Code, for the probate of a foreign will is not required to apply for
6246	6246	ancillary letters testamentary under Section 501.006, Estates
6247	6247	[105, Texas Probate] Code, to bring and prosecute the action.
6248	6248	SECTION 22.006. Section 71.022, Civil Practice and Remedies
6249	6249	Code, is amended to read as follows:
6250	6250	Sec. 71.022. QUALIFICATION OF FOREIGN PERSONAL
6251	6251	REPRESENTATIVE. If the executor or administrator of the estate of a
6252	6252	nonresident individual is the plaintiff in an action under this
6253	6253	subchapter, the foreign personal representative of the estate who
6254	6254	has complied with the requirements of Section 95, Texas Probate
6255	6255	Code, for the probate of a foreign will is not required to apply for
6256	6256	ancillary letters testamentary under Section 501.006, Estates
6257	6257	[105, Texas Probate] Code, to bring and prosecute the action.
6258	6258	SECTION 22.007. Section 102.002(e), Civil Practice and
6259	6259	Remedies Code, is amended to read as follows:
6260	6260	(e) A local government that does not give a bond under
6261	6261	Section 1105.101(b), Estates [702(b), Texas Probate] Code, shall
6262	6262	pay damages awarded against an employee of the local government
6263	6263	arising from a cause of action described by Subsection (c) if the
6264	6264	liability results from the employee's appointment as guardian of
6265	6265	the person or estate of a ward under the Estates [Texas Probate]
6266	6266	Code and the action or omission for which the employee was found
6267	6267	liable was in the course and scope of the person's employment with
6268	6268	the local government.
6269	6269	SECTION 22.008. Section 102.003, Civil Practice and
6270	6270	Remedies Code, is amended to read as follows:
6271	6271	Sec. 102.003. MAXIMUM PAYMENTS. Payments under this
6272	6272	chapter by a local government may not exceed:
6273	6273	(1) $100,000 to any one person or $300,000 for any
6274	6274	single occurrence in the case of personal injury or death; or
6275	6275	(2) $10,000 for a single occurrence of property
6276	6276	damage, unless the local government is liable in the local
6277	6277	government's capacity as guardian under the Estates [Texas Probate]
6278	6278	Code and does not give a bond under Section 1105.101(b), Estates
6279	6279	[702(b), Texas Probate] Code, in which event payments may not
6280	6280	exceed the amount of the actual property damages.
6281	6281	SECTION 22.009. Section 137.001(6), Civil Practice and
6282	6282	Remedies Code, is amended to read as follows:
6283	6283	(6) "Incapacitated" means that, in the opinion of the
6284	6284	court in a guardianship proceeding under Title 3, Estates [Chapter
6285	6285	XIII, Texas Probate] Code, or in a medication hearing under Section
6286	6286	574.106, Health and Safety Code, a person lacks the ability to
6287	6287	understand the nature and consequences of a proposed treatment,
6288	6288	including the benefits, risks, and alternatives to the proposed
6289	6289	treatment, and lacks the ability to make mental health treatment
6290	6290	decisions because of impairment.
6291	6291	SECTION 22.010. Section 137.009(a), Civil Practice and
6292	6292	Remedies Code, is amended to read as follows:
6293	6293	(a) Mental health treatment instructions contained in a
6294	6294	declaration executed in accordance with this chapter supersede any
6295	6295	contrary or conflicting instructions given by:
6296	6296	(1) a medical [durable] power of attorney under
6297	6297	Subchapter D, Chapter 166, Health and Safety Code [135]; or
6298	6298	(2) a guardian appointed under Title 3, Estates
6299	6299	[Chapter XIII, Texas Probate] Code, after the execution of the
6300	6300	declaration.
6301	6301	SECTION 22.011. Section 139.001(2), Civil Practice and
6302	6302	Remedies Code, is amended to read as follows:
6303	6303	(2) "Incapacitated person" has the meaning assigned by
6304	6304	Section 1002.017, Estates [601, Texas Probate] Code.
6305	6305	SECTION 22.012. Section 16.001(b), Election Code, is
6306	6306	amended to read as follows:
6307	6307	(b) Each month the clerk of each court having probate
6308	6308	jurisdiction shall prepare an abstract of each application for
6309	6309	probate of a will, administration of a decedent's estate, or
6310	6310	determination of heirship, and each affidavit under Chapter 205,
6311	6311	Estates [Section 137, Texas Probate] Code, that is filed in the
6312	6312	month with a court served by the clerk. The clerk shall file each
6313	6313	abstract with the voter registrar and the secretary of state not
6314	6314	later than the 10th day of the month following the month in which
6315	6315	the abstract is prepared.
6316	6316	SECTION 22.013. Section 3.406(b), Family Code, is amended
6317	6317	to read as follows:
6318	6318	(b) On the death of a spouse, a court may, on application for
6319	6319	a claim for reimbursement brought by the surviving spouse, the
6320	6320	personal representative of the estate of the deceased spouse, or
6321	6321	any other person interested in the estate, as defined by Chapter 22,
6322	6322	Estates [Section 3, Texas Probate] Code, impose an equitable lien
6323	6323	on the property of a benefited marital estate to secure a claim for
6324	6324	reimbursement against that property by a contributing marital
6325	6325	estate.
6326	6326	SECTION 22.014. Section 5.002, Family Code, is amended to
6327	6327	read as follows:
6328	6328	Sec. 5.002. SALE OF SEPARATE HOMESTEAD AFTER SPOUSE
6329	6329	JUDICIALLY DECLARED INCAPACITATED. If the homestead is the
6330	6330	separate property of a spouse and the other spouse has been
6331	6331	judicially declared incapacitated by a court exercising original
6332	6332	jurisdiction over guardianship and other matters under Title 3,
6333	6333	Estates [Chapter XIII, Texas Probate] Code, the owner may sell,
6334	6334	convey, or encumber the homestead without the joinder of the other
6335	6335	spouse.
6336	6336	SECTION 22.015. Section 5.003, Family Code, is amended to
6337	6337	read as follows:
6338	6338	Sec. 5.003. SALE OF COMMUNITY HOMESTEAD AFTER SPOUSE
6339	6339	JUDICIALLY DECLARED INCAPACITATED. If the homestead is the
6340	6340	community property of the spouses and one spouse has been
6341	6341	judicially declared incapacitated by a court exercising original
6342	6342	jurisdiction over guardianship and other matters under Title 3,
6343	6343	Estates [Chapter XIII, Texas Probate] Code, the competent spouse
6344	6344	may sell, convey, or encumber the homestead without the joinder of
6345	6345	the other spouse.
6346	6346	SECTION 22.016. Section 6.111, Family Code, is amended to
6347	6347	read as follows:
6348	6348	Sec. 6.111. DEATH OF PARTY TO VOIDABLE MARRIAGE. Except as
6349	6349	provided by Subchapter C, Chapter 123, Estates [Section 47A, Texas
6350	6350	Probate] Code, a marriage subject to annulment may not be
6351	6351	challenged in a proceeding instituted after the death of either
6352	6352	party to the marriage.
6353	6353	SECTION 22.017. Sections 34.008(a) and (c), Family Code,
6354	6354	are amended to read as follows:
6355	6355	(a) Except as provided by Subsection (b), an authorization
6356	6356	agreement under this chapter terminates if, after the execution of
6357	6357	the authorization agreement, a court enters an order:
6358	6358	(1) affecting the parent-child relationship;
6359	6359	(2) concerning custody, possession, or placement of
6360	6360	the child;
6361	6361	(3) concerning access to or visitation with the child;
6362	6362	or
6363	6363	(4) regarding the appointment of a guardian for the
6364	6364	child under Subchapter B, Chapter 1104, Estates [Section 676, Texas
6365	6365	Probate] Code.
6366	6366	(c) An authorization agreement under this chapter
6367	6367	terminates on written revocation by a party to the authorization
6368	6368	agreement if the party:
6369	6369	(1) gives each party written notice of the revocation;
6370	6370	(2) files the written revocation with the clerk of the
6371	6371	county in which:
6372	6372	(A) the child resides;
6373	6373	(B) the child resided at the time the
6374	6374	authorization agreement was executed; or
6375	6375	(C) the relative resides; and
6376	6376	(3) files the written revocation with the clerk of
6377	6377	each court:
6378	6378	(A) that has continuing, exclusive jurisdiction
6379	6379	over the child;
6380	6380	(B) in which there is a court order or pending
6381	6381	suit affecting the parent-child relationship concerning the child;
6382	6382	(C) in which there is pending litigation
6383	6383	concerning:
6384	6384	(i) custody, possession, or placement of
6385	6385	the child; or
6386	6386	(ii) access to or visitation with the
6387	6387	child; or
6388	6388	(D) that has entered an order regarding the
6389	6389	appointment of a guardian for the child under Subchapter B, Chapter
6390	6390	1104, Estates [Section 676, Texas Probate] Code.
6391	6391	SECTION 22.018. Sections 154.013(b) and (c), Family Code,
6392	6392	are amended to read as follows:
6393	6393	(b) Notwithstanding any provision of the Estates [Probate]
6394	6394	Code, a child support payment held by the Title IV-D agency, a local
6395	6395	registry, or the state disbursement unit or any uncashed check or
6396	6396	warrant representing a child support payment made before, on, or
6397	6397	after the date of death of the obligee shall be paid proportionately
6398	6398	for the benefit of each surviving child named in the support order
6399	6399	and not to the estate of the obligee. The payment is free of any
6400	6400	creditor's claim against the deceased obligee's estate and may be
6401	6401	disbursed as provided by Subsection (c).
6402	6402	(c) On the death of the obligee, current child support owed
6403	6403	by the obligor for the benefit of the child or any amount described
6404	6404	by Subsection (b) shall be paid to:
6405	6405	(1) a person, other than a parent, who is appointed as
6406	6406	managing conservator of the child;
6407	6407	(2) a person, including the obligor, who has assumed
6408	6408	actual care, control, and possession of the child, if a managing
6409	6409	conservator or guardian of the child has not been appointed;
6410	6410	(3) the county clerk, as provided by Chapter 1355,
6411	6411	Estates [Section 887, Texas Probate] Code, in the name of and for
6412	6412	the account of the child for whom the support is owed;
6413	6413	(4) a guardian of the child appointed under Title 3,
6414	6414	Estates [Chapter XIII, Texas Probate] Code, as provided by that
6415	6415	code; or
6416	6416	(5) the surviving child, if the child is an adult or
6417	6417	has otherwise had the disabilities of minority removed.
6418	6418	SECTION 22.019. Sections 154.015(a) and (e), Family Code,
6419	6419	are amended to read as follows:
6420	6420	(a) In this section, "estate" has the meaning assigned by
6421	6421	Chapter 22, Estates [Section 3, Texas Probate] Code.
6422	6422	(e) The obligee has a claim, on behalf of the child, against
6423	6423	the deceased obligor's estate for the unpaid child support
6424	6424	obligation determined under Subsection (c). The obligee may
6425	6425	present the claim in the manner provided by the Estates [Texas
6426	6426	Probate] Code.
6427	6427	SECTION 22.020. Sections 263.603(a) and (b), Family Code,
6428	6428	are amended to read as follows:
6429	6429	(a) Notwithstanding Section 263.6021, if the court believes
6430	6430	that a young adult may be incapacitated as defined by Section
6431	6431	1002.017(2), Estates [601(14)(B), Texas Probate] Code, the court
6432	6432	may extend its jurisdiction on its own motion without the young
6433	6433	adult's consent to allow the department to refer the young adult to
6434	6434	the Department of Aging and Disability Services for guardianship
6435	6435	services as required by Section 48.209, Human Resources Code.
6436	6436	(b) The extended jurisdiction of the court under this
6437	6437	section terminates on the earliest of the date:
6438	6438	(1) the Department of Aging and Disability Services
6439	6439	determines a guardianship is not appropriate under Chapter 161,
6440	6440	Human Resources Code;
6441	6441	(2) a court with probate jurisdiction denies the
6442	6442	application to appoint a guardian; or
6443	6443	(3) a guardian is appointed and qualifies under the
6444	6444	Estates [Texas Probate] Code.
6445	6445	SECTION 22.021. Sections 21.009(2) and (4), Government
6446	6446	Code, are amended to read as follows:
6447	6447	(2) "Statutory county court" means a county court
6448	6448	created by the legislature under Article V, Section 1, of the Texas
6449	6449	Constitution, including county courts at law, county criminal
6450	6450	courts, county criminal courts of appeals, and county civil courts
6451	6451	at law, but does not include statutory probate courts as defined by
6452	6452	Chapter 22, Estates [Section 3, Texas Probate] Code.
6453	6453	(4) "Statutory probate court" has the meaning assigned
6454	6454	by Chapter 22, Estates [Section 3, Texas Probate] Code.
6455	6455	SECTION 22.022. Section 25.0003(f), Government Code, is
6456	6456	amended to read as follows:
6457	6457	(f) A statutory county court does not have the jurisdiction
6458	6458	of a statutory probate court granted statutory probate courts by
6459	6459	the Estates [Texas Probate] Code.
6460	6460	SECTION 22.023. Section 25.0021(b), Government Code, is
6461	6461	amended to read as follows:
6462	6462	(b) A statutory probate court as that term is defined in
6463	6463	Section 22.007(c), Estates [3(ii), Texas Probate] Code, has:
6464	6464	(1) the general jurisdiction of a probate court as
6465	6465	provided by the Estates [Texas Probate] Code; and
6466	6466	(2) the jurisdiction provided by law for a county
6467	6467	court to hear and determine actions, cases, matters, or proceedings
6468	6468	instituted under:
6469	6469	(A) Section 166.046, 192.027, 193.007, 552.015,
6470	6470	552.019, 711.004, or 714.003, Health and Safety Code;
6471	6471	(B) Chapter 462, Health and Safety Code; or
6472	6472	(C) Subtitle C or D, Title 7, Health and Safety
6473	6473	Code.
6474	6474	SECTION 22.024. Sections 25.0022(a) and (i), Government
6475	6475	Code, are amended to read as follows:
6476	6476	(a) "Statutory probate court" has the meaning assigned by
6477	6477	Chapter 22, Estates [Section 3, Texas Probate] Code.
6478	6478	(i) A judge assigned under this section has the
6479	6479	jurisdiction, powers, and duties given by Sections 32.001, 32.002,
6480	6480	32.003, 32.005, 32.006, 32.007, 34.001, 1022.001, 1022.002,
6481	6481	1022.003, 1022.005, 1022.006, and 1022.007, Estates [4A, 4C, 4D,
6482	6482	4F, 4G, 4H, 5B, 605, 607A, 607B, 607D, 607E, and 608, Texas Probate]
6483	6483	Code, to statutory probate court judges by general law.
6484	6484	SECTION 22.025. Section 25.00222(b), Government Code, is
6485	6485	amended to read as follows:
6486	6486	(b) If the judge of a statutory probate court that has
6487	6487	jurisdiction over a cause of action appertaining to or incident to
6488	6488	an estate pending in the statutory probate court determines that
6489	6489	the court no longer has jurisdiction over the cause of action, the
6490	6490	judge may transfer that cause of action to:
6491	6491	(1) a district court, county court, statutory county
6492	6492	court, or justice court located in the same county that has
6493	6493	jurisdiction over the cause of action that is transferred; or
6494	6494	(2) the court from which the cause of action was
6495	6495	transferred to the statutory probate court under Section 34.001
6496	6496	[5B] or 1022.007, Estates [608, Texas Probate] Code.
6497	6497	SECTION 22.026. Section 25.0202(a), Government Code, is
6498	6498	amended to read as follows:
6499	6499	(a) In addition to the jurisdiction provided by Section
6500	6500	25.0003 and other law, a county court at law in Bosque County has
6501	6501	concurrent jurisdiction with the district court in:
6502	6502	(1) family law cases and proceedings;
6503	6503	(2) civil cases in which the matter in controversy
6504	6504	exceeds $500 but does not exceed $200,000, excluding interest,
6505	6505	court costs, and attorney's fees; and
6506	6506	(3) contested probate matters under Section 32.003,
6507	6507	Estates [4D, Texas Probate] Code.
6508	6508	SECTION 22.027. Section 25.1132(c), Government Code, is
6509	6509	amended to read as follows:
6510	6510	(c) A county court at law in Hood County has concurrent
6511	6511	jurisdiction with the district court in:
6512	6512	(1) civil cases in which the matter in controversy
6513	6513	exceeds $500 but does not exceed $250,000, excluding interest;
6514	6514	(2) family law cases and related proceedings;
6515	6515	(3) contested probate matters under Section
6516	6516	32.003(a), Estates [4D(a), Texas Probate] Code; and
6517	6517	(4) contested matters in guardianship proceedings
6518	6518	under Section 1022.003(a), Estates [607B(a), Texas Probate] Code.
6519	6519	SECTION 22.028. Section 25.1863(b), Government Code, is
6520	6520	amended to read as follows:
6521	6521	(b) A county court at law has concurrent jurisdiction with
6522	6522	the district court over contested probate
6523	6523	matters. Notwithstanding the requirement in Section 32.003(a),
6524	6524	Estates [4D(a), Texas Probate] Code, that the judge of the
6525	6525	constitutional county court transfer a contested probate
6526	6526	proceeding to the district court, the judge of the constitutional
6527	6527	county court shall transfer the proceeding under that section to
6528	6528	either a county court at law in Parker County or a district court in
6529	6529	Parker County. A county court at law has the jurisdiction, powers,
6530	6530	and duties that a district court has under Section 32.003(a),
6531	6531	Estates [4D(a), Texas Probate] Code, for the transferred
6532	6532	proceeding, and the county clerk acts as clerk for the
6533	6533	proceeding. The contested proceeding may be transferred between a
6534	6534	county court at law in Parker County and a district court in Parker
6535	6535	County as provided by local rules of administration.
6536	6536	SECTION 22.029. Sections 25.2452(a) and (d), Government
6537	6537	Code, are amended to read as follows:
6538	6538	(a) In addition to the jurisdiction provided by Section
6539	6539	25.0003 and other law, including the general jurisdiction provided
6540	6540	for a county court at law by the Estates [Texas Probate] Code, a
6541	6541	county court at law in Wichita County has concurrent jurisdiction
6542	6542	with the county court in:
6543	6543	(1) appeals from municipal courts of record in Wichita
6544	6544	County as provided by Subchapter H [D], Chapter 30;
6545	6545	(2) misdemeanor cases; and
6546	6546	(3) probate and mental health matters.
6547	6547	(d) A county court at law does not have jurisdiction of:
6548	6548	(1) a case under:
6549	6549	(A) the Alcoholic Beverage Code;
6550	6550	(B) the Election Code; or
6551	6551	(C) the Tax Code;
6552	6552	(2) a matter over which the district court has
6553	6553	exclusive jurisdiction; or
6554	6554	(3) a civil case, other than a case under the Family
6555	6555	Code or the Estates [Texas Probate] Code, in which the amount in
6556	6556	controversy is:
6557	6557	(A) less than the maximum amount in controversy
6558	6558	allowed the justice court in Wichita County; or
6559	6559	(B) more than $200,000, exclusive of punitive or
6560	6560	exemplary damages, penalties, interest, costs, and attorney's
6561	6561	fees.
6562	6562	SECTION 22.030. Section 54A.201, Government Code, is
6563	6563	amended to read as follows:
6564	6564	Sec. 54A.201. DEFINITION. In this subchapter, "statutory
6565	6565	probate court" has the meaning assigned by Chapter 22, Estates
6566	6566	[Section 3, Texas Probate] Code.
6567	6567	SECTION 22.031. Sections 155.001(2), (3), (5), and (7),
6568	6568	Government Code, are amended to read as follows:
6569	6569	(2) "Corporate fiduciary" has the meaning assigned by
6570	6570	Chapter 1002, Estates [Section 601, Texas Probate] Code.
6571	6571	(3) "Guardian" has the meaning assigned by Chapter
6572	6572	1002, Estates [Section 601, Texas Probate] Code.
6573	6573	(5) "Incapacitated person" has the meaning assigned by
6574	6574	Chapter 1002, Estates [Section 601, Texas Probate] Code.
6575	6575	(7) "Ward" has the meaning assigned by Chapter 1002,
6576	6576	Estates [Section 601, Texas Probate] Code.
6577	6577	SECTION 22.032. Section 155.104, Government Code, is
6578	6578	amended to read as follows:
6579	6579	Sec. 155.104. INFORMATION FROM PRIVATE PROFESSIONAL
6580	6580	GUARDIANS. In addition to the information submitted under Section
6581	6581	1104.306, Estates [697(e), Texas Probate] Code, the director may
6582	6582	require a private professional guardian or a person who represents
6583	6583	or plans to represent the interests of a ward as a guardian on
6584	6584	behalf of the private professional guardian to submit information
6585	6585	considered necessary to monitor the person's compliance with the
6586	6586	applicable standards adopted under Section 155.101 or with the
6587	6587	certification requirements of Section 155.102.
6588	6588	SECTION 22.033. Section 155.105(c), Government Code, is
6589	6589	amended to read as follows:
6590	6590	(c) A private professional guardian shall submit with the
6591	6591	report required under Subsection (b) a copy of the guardian's
6592	6592	application for a certificate of registration required by Section
6593	6593	1104.302, Estates [697(a), Texas Probate] Code.
6594	6594	SECTION 22.034. Section 411.052(a), Government Code, is
6595	6595	amended to read as follows:
6596	6596	(a) In this section, "federal prohibited person
6597	6597	information" means information that identifies an individual as:
6598	6598	(1) a person ordered by a court to receive inpatient
6599	6599	mental health services under Chapter 574, Health and Safety Code;
6600	6600	(2) a person acquitted in a criminal case by reason of
6601	6601	insanity or lack of mental responsibility, regardless of whether
6602	6602	the person is ordered by a court to receive inpatient treatment or
6603	6603	residential care under Chapter 46C, Code of Criminal Procedure;
6604	6604	(3) a person determined to have mental retardation and
6605	6605	committed by a court for long-term placement in a residential care
6606	6606	facility under Chapter 593, Health and Safety Code;
6607	6607	(4) an incapacitated adult individual for whom a court
6608	6608	has appointed a guardian of the individual under Title 3, Estates
6609	6609	[Chapter XIII, Probate] Code, based on the determination that the
6610	6610	person lacks the mental capacity to manage the person's affairs; or
6611	6611	(5) a person determined to be incompetent to stand
6612	6612	trial under Chapter 46B, Code of Criminal Procedure.
6613	6613	SECTION 22.035. Section 411.0521(a), Government Code, is
6614	6614	amended to read as follows:
6615	6615	(a) The clerk of the court shall prepare and forward to the
6616	6616	department the information described by Subsection (b) not later
6617	6617	than the 30th day after the date the court:
6618	6618	(1) orders a person to receive inpatient mental health
6619	6619	services under Chapter 574, Health and Safety Code;
6620	6620	(2) acquits a person in a criminal case by reason of
6621	6621	insanity or lack of mental responsibility, regardless of whether
6622	6622	the person is ordered to receive inpatient treatment or residential
6623	6623	care under Chapter 46C, Code of Criminal Procedure;
6624	6624	(3) commits a person determined to have mental
6625	6625	retardation for long-term placement in a residential care facility
6626	6626	under Chapter 593, Health and Safety Code;
6627	6627	(4) appoints a guardian of the incapacitated adult
6628	6628	individual under Title 3, Estates [Chapter XIII, Probate] Code,
6629	6629	based on the determination that the person lacks the mental
6630	6630	capacity to manage the person's affairs;
6631	6631	(5) determines a person is incompetent to stand trial
6632	6632	under Chapter 46B, Code of Criminal Procedure; or
6633	6633	(6) finds a person is entitled to relief from
6634	6634	disabilities under Section 574.088, Health and Safety Code.
6635	6635	SECTION 22.036. Section 411.114(a)(1)(E), Government Code,
6636	6636	is amended to read as follows:
6637	6637	(E) "Ward" has the meaning assigned by Chapter
6638	6638	1002, Estates [Section 601, Texas Probate] Code.
6639	6639	SECTION 22.037. Section 411.1386(d), Government Code, is
6640	6640	amended to read as follows:
6641	6641	(d) The criminal history record information obtained under
6642	6642	Subsection (a-4) is for the exclusive use of the court or
6643	6643	guardianship certification program of the Judicial Branch
6644	6644	Certification Commission, as appropriate, and is privileged and
6645	6645	confidential. The information may not be released or otherwise
6646	6646	disclosed to any person or agency except on court order, with the
6647	6647	consent of the person being investigated, or as authorized by
6648	6648	Subsection (a-6) or Section 1104.404, Estates [698(a-6), Texas
6649	6649	Probate] Code. The county clerk or guardianship certification
6650	6650	program of the Judicial Branch Certification Commission may destroy
6651	6651	the criminal history record information after the information is
6652	6652	used for the purposes authorized by this section.
6653	6653	SECTION 22.038. Section 420.0735(b), Government Code, is
6654	6654	amended to read as follows:
6655	6655	(b) For purposes of Subsection (a)(1), a written consent
6656	6656	signed by an incapacitated person, as that term is defined by
6657	6657	Chapter 1002, Estates [Section 601, Texas Probate] Code, is
6658	6658	effective regardless of whether the incapacitated person's
6659	6659	guardian, guardian ad litem, or other legal agent signs the
6660	6660	release. If the incapacitated person is unable to provide a
6661	6661	signature and the guardian, guardian ad litem, or other legal agent
6662	6662	is unavailable to sign the release, then the investigating law
6663	6663	enforcement officer may sign the release.
6664	6664	SECTION 22.039. Section 501.014(b), Government Code, is
6665	6665	amended to read as follows:
6666	6666	(b) If an inmate with money in an account established under
6667	6667	Subsection (a) dies while confined in a facility operated by or
6668	6668	under contract with the department, the department shall attempt to
6669	6669	give notice of the account to a beneficiary or known relative of the
6670	6670	deceased inmate. On the presentation of a notarized claim to the
6671	6671	department for the money by a person entitled to the notice, the
6672	6672	department may pay any amount not exceeding $2,500 of the deceased
6673	6673	inmate's money held by the department to the claimant. A claim for
6674	6674	money in excess of $2,500 must be made under Chapter 205, Estates
6675	6675	[Section 137, Probate] Code, or another law, as applicable. The
6676	6676	department is not liable for making a payment or failing to make a
6677	6677	payment under this subsection.
6678	6678	SECTION 22.040. Section 552.140(c), Government Code, is
6679	6679	amended to read as follows:
6680	6680	(c) On request and the presentation of proper
6681	6681	identification, the following persons may inspect the military
6682	6682	discharge record or obtain from the governmental body free of
6683	6683	charge a copy or certified copy of the record:
6684	6684	(1) the veteran who is the subject of the record;
6685	6685	(2) the legal guardian of the veteran;
6686	6686	(3) the spouse or a child or parent of the veteran or,
6687	6687	if there is no living spouse, child, or parent, the nearest living
6688	6688	relative of the veteran;
6689	6689	(4) the personal representative of the estate of the
6690	6690	veteran;
6691	6691	(5) the person named by the veteran, or by a person
6692	6692	described by Subdivision (2), (3), or (4), in an appropriate power
6693	6693	of attorney executed in accordance with Subchapters A and B,
6694	6694	Chapter 752, Estates [Section 490, Chapter XII, Texas Probate]
6695	6695	Code;
6696	6696	(6) another governmental body; or
6697	6697	(7) an authorized representative of the funeral home
6698	6698	that assists with the burial of the veteran.
6699	6699	SECTION 22.041. Section 825.508(b), Government Code, is
6700	6700	amended to read as follows:
6701	6701	(b) The system must honor a power of attorney executed in
6702	6702	accordance with Subchapters A and B, Chapter 752, Estates [XII,
6703	6703	Section 490, Texas Probate] Code.
6704	6704	SECTION 22.042. Section 841.008(c), Government Code, is
6705	6705	amended to read as follows:
6706	6706	(c) If requested by the person entitled to the benefit or
6707	6707	the guardian, attorney in fact, or trustee of the person, the
6708	6708	director may, if the director determines that it is in the best
6709	6709	interest of the person entitled to the benefit, make payments
6710	6710	directly to the trustee of:
6711	6711	(1) a trust described by Subchapter B, Chapter 1301,
6712	6712	Estates [Section 867, Texas Probate] Code, that has been created
6713	6713	for the management of guardianship funds for the benefit of the
6714	6714	person; or
6715	6715	(2) a trust described by 42 U.S.C. Section
6716	6716	1396p(d)(4)(A), (B), or (C) that has been established to qualify
6717	6717	the person for benefits or other assistance under a state or federal
6718	6718	program or to supplement the benefits or other assistance provided
6719	6719	under the program.
6720	6720	SECTION 22.043. Sections 844.408(a), (b), and (c),
6721	6721	Government Code, are amended to read as follows:
6722	6722	(a) In this section "heirs" has the meaning assigned by
6723	6723	Chapter 22, Estates [Section 3, Texas Probate] Code, except that
6724	6724	the term excludes any person who has filed a proper disclaimer or
6725	6725	renunciation with the retirement system.
6726	6726	(b) If the administrator of a deceased member's estate would
6727	6727	be entitled to a refund or an annuity because of the death of the
6728	6728	member, the heirs of the deceased member may apply for and receive
6729	6729	the benefit if:
6730	6730	(1) no petition for the appointment of a personal
6731	6731	representative of the member is pending or has been granted;
6732	6732	(2) 30 days have elapsed since the date of death of the
6733	6733	member;
6734	6734	(3) the value of the entire assets of the member's
6735	6735	probate estate, excluding homestead and exempt property, does not
6736	6736	exceed $50,000; and
6737	6737	(4) on file with the retirement system is a certified
6738	6738	copy of a small estates affidavit that has been approved and filed
6739	6739	in accordance with Chapter 205, Estates [Section 137, Texas
6740	6740	Probate] Code, or an original affidavit described by Subsection
6741	6741	(c).
6742	6742	(c) If no affidavit has been filed with the clerk of the
6743	6743	court having jurisdiction and venue as provided by Chapter 205,
6744	6744	Estates [Section 137, Texas Probate] Code, the retirement system
6745	6745	may accept instead an affidavit sworn to by two disinterested
6746	6746	witnesses and by those heirs who have legal capacity and, if the
6747	6747	facts warrant, by the natural guardian or next of kin of any minor
6748	6748	or incompetent who is also an heir. The affidavit must include the
6749	6749	names and addresses of the heirs and witnesses, establish the facts
6750	6750	listed in Subsection (b), include a list of the assets and
6751	6751	liabilities of the estate, show the facts that constitute the basis
6752	6752	for the right of the heirs to receive the estate, and show the
6753	6753	fractional interests of the heirs in the estate as a result of those
6754	6754	facts.
6755	6755	SECTION 22.044. Sections 854.106(a), (b), and (d),
6756	6756	Government Code, are amended to read as follows:
6757	6757	(a) If a surviving spouse, or the executor or administrator
6758	6758	of a member's estate, would be entitled to make an election under
6759	6759	Section 854.105 because of the death of the member, the heirs of the
6760	6760	deceased member may make that election if:
6761	6761	(1) no surviving spouse exists;
6762	6762	(2) no petition for the appointment of a personal
6763	6763	representative of the member is pending or has been granted;
6764	6764	(3) 30 days have elapsed since the death of the member;
6765	6765	(4) the value of the entire assets of the member's
6766	6766	estate, excluding homestead and exempt property, does not exceed
6767	6767	$50,000;
6768	6768	(5) there are not more than three heirs; and
6769	6769	(6) on file with the retirement system is a certified
6770	6770	copy of a small estates affidavit that has been approved and filed
6771	6771	in accordance with Chapter 205, Estates [Section 137, Texas
6772	6772	Probate] Code, or an original affidavit as described by Subsection
6773	6773	(b).
6774	6774	(b) If no affidavit has been filed with the clerk of the
6775	6775	court having jurisdiction and venue as provided by Chapter 205,
6776	6776	Estates [Section 137 of the Texas Probate] Code, the retirement
6777	6777	system may accept instead an affidavit sworn to by two
6778	6778	disinterested witnesses, by the heirs who have legal capacity, and,
6779	6779	if the facts warrant, by the natural guardian or next of kin of any
6780	6780	minor or incompetent who is also an heir. The affidavit shall
6781	6781	include the names and addresses of the heirs and witnesses,
6782	6782	establish the facts listed in Subsection (a), include a list of the
6783	6783	assets and liabilities of the estate, show the facts that
6784	6784	constitute the basis for the right of the heirs to receive the
6785	6785	estate, and show the fractional interests of the heirs in the estate
6786	6786	as a result of those facts.
6787	6787	(d) In this section, "heirs" has the meaning assigned by
6788	6788	Chapter 22, Estates [Section 3, Texas Probate] Code, except that
6789	6789	the term excludes any persons who have filed with the retirement
6790	6790	system a proper disclaimer or renunciation.
6791	6791	SECTION 22.045. Section 313.003(a), Health and Safety Code,
6792	6792	is amended to read as follows:
6793	6793	(a) This chapter does not apply to:
6794	6794	(1) a decision to withhold or withdraw life-sustaining
6795	6795	treatment from qualified terminal or irreversible patients under
6796	6796	Subchapter B, Chapter 166;
6797	6797	(2) a health care decision made under a medical power
6798	6798	of attorney under Subchapter D, Chapter 166, or under Subtitle P,
6799	6799	Title 2, Estates [Chapter XII, Texas Probate] Code;
6800	6800	(3) consent to medical treatment of minors under
6801	6801	Chapter 32, Family Code;
6802	6802	(4) consent for emergency care under Chapter 773;
6803	6803	(5) hospital patient transfers under Chapter 241; or
6804	6804	(6) a patient's legal guardian who has the authority to
6805	6805	make a decision regarding the patient's medical treatment.
6806	6806	SECTION 22.046. Section 313.004(f), Health and Safety Code,
6807	6807	is amended to read as follows:
6808	6808	(f) A person who is an available adult surrogate, as
6809	6809	described by Subsection (a), may consent to medical treatment on
6810	6810	behalf of a patient who is an adult inmate of a county or municipal
6811	6811	jail only for a period that expires on the earlier of the 120th day
6812	6812	after the date the person agrees to act as an adult surrogate for
6813	6813	the patient or the date the inmate is released from jail. At the
6814	6814	conclusion of the period, a successor surrogate may not be
6815	6815	appointed and only the patient or the patient's appointed guardian
6816	6816	of the person, if the patient is a ward under Title 3, Estates
6817	6817	[Chapter XIII, Texas Probate] Code, may consent to medical
6818	6818	treatment.
6819	6819	SECTION 22.047. Section 576.002(b), Health and Safety Code,
6820	6820	is amended to read as follows:
6821	6821	(b) There is a rebuttable presumption that a person is
6822	6822	mentally competent unless a judicial finding to the contrary is
6823	6823	made under the Estates [Texas Probate] Code.
6824	6824	SECTION 22.048. Section 1104.004, Insurance Code, is
6825	6825	amended to read as follows:
6826	6826	Sec. 1104.004. WRITTEN APPROVAL BY ADULT REQUIRED. An
6827	6827	application or agreement made by a minor under this subchapter must
6828	6828	be signed or approved in writing by:
6829	6829	(1) a parent, grandparent, or adult sibling of the
6830	6830	minor; or
6831	6831	(2) if the minor does not have a parent, grandparent,
6832	6832	or adult sibling, an adult eligible under the Estates [Texas
6833	6833	Probate] Code to be appointed guardian of the estate of the minor.
6834	6834	SECTION 22.049. Section 1551.004(a), Insurance Code, is
6835	6835	amended to read as follows:
6836	6836	(a) In this chapter, "dependent" with respect to an
6837	6837	individual eligible to participate in the group benefits program
6838	6838	means the individual's:
6839	6839	(1) spouse;
6840	6840	(2) unmarried child younger than 26 years of age;
6841	6841	(3) child of any age who the board of trustees
6842	6842	determines lives with or has the child's care provided by the
6843	6843	individual on a regular basis if the child is mentally or
6844	6844	physically incapacitated to the extent that the child is dependent
6845	6845	on the individual for care or support, as determined by the board of
6846	6846	trustees;
6847	6847	(4) child of any age who is unmarried, for purposes of
6848	6848	health benefit coverage under this chapter, on expiration of the
6849	6849	child's continuation coverage under the Consolidated Omnibus
6850	6850	Budget Reconciliation Act of 1985 (Pub. L. No. 99-272) and its
6851	6851	subsequent amendments; and
6852	6852	(5) ward, as that term is defined by Chapter 1002,
6853	6853	Estates [Section 601, Texas Probate] Code, who is 26 years of age or
6854	6854	younger.
6855	6855	SECTION 22.050. Sections 117.053(b) and (c), Local
6856	6856	Government Code, are amended to read as follows:
6857	6857	(b) Except as provided by Subsection (a), a clerk may not
6858	6858	draw a check on special account funds held by a depository except to
6859	6859	pay a person entitled to the funds. The payment must be made under
6860	6860	an order of the court of proper jurisdiction in which the funds were
6861	6861	deposited except that an appeal bond shall be paid without a written
6862	6862	order of the court on receipt of mandate or dismissal and funds
6863	6863	deposited under Chapter 1355, Estates [Section 887, Texas Probate]
6864	6864	Code, may be paid without a written order of the court. The clerk
6865	6865	shall place on the check the style and number of the proceeding in
6866	6866	which the money was deposited with the clerk.
6867	6867	(c) The clerk shall transfer any registry funds into a
6868	6868	separate account when directed to by a written order of a court of
6869	6869	proper jurisdiction or when the clerk is required to under Chapter
6870	6870	1355, Estates [Section 887, Texas Probate] Code. The clerk shall
6871	6871	transfer the funds into a separate account in:
6872	6872	(1) interest-bearing deposits in a financial
6873	6873	institution doing business in this state that is insured by the
6874	6874	Federal Deposit Insurance Corporation;
6875	6875	(2) United States treasury bills;
6876	6876	(3) an eligible interlocal investment pool that meets
6877	6877	the requirements of Sections 2256.016, 2256.017, and 2256.019,
6878	6878	Government Code; or
6879	6879	(4) a no-load money market mutual fund, if the fund:
6880	6880	(A) is regulated by the Securities and Exchange
6881	6881	Commission;
6882	6882	(B) has a dollar weighted average stated maturity
6883	6883	of 90 days or fewer; and
6884	6884	(C) includes in its investment objectives the
6885	6885	maintenance of a stable net asset value of $1 for each share.
6886	6886	SECTION 22.051. Section 117.125(b), Local Government Code,
6887	6887	is amended to read as follows:
6888	6888	(b) A clerk shall transfer all money deposited in a registry
6889	6889	fund under Chapter 1355, Estates [Section 887, Texas Probate] Code,
6890	6890	into a separate account.
6891	6891	SECTION 22.052. Section 159.005(a), Occupations Code, is
6892	6892	amended to read as follows:
6893	6893	(a) Consent for the release of confidential information
6894	6894	must be in writing and signed by:
6895	6895	(1) the patient;
6896	6896	(2) a parent or legal guardian of the patient if the
6897	6897	patient is a minor;
6898	6898	(3) a legal guardian of the patient if the patient has
6899	6899	been adjudicated incapacitated to manage the patient's personal
6900	6900	affairs;
6901	6901	(4) an attorney ad litem appointed for the patient, as
6902	6902	authorized by:
6903	6903	(A) Subtitle C, Title 7, Health and Safety Code;
6904	6904	(B) Subtitle D, Title 7, Health and Safety Code;
6905	6905	(C) Title 3, Estates [Chapter XIII, Texas
6906	6906	Probate] Code; or
6907	6907	(D) Chapter 107, Family Code; or
6908	6908	(5) a personal representative of the patient if the
6909	6909	patient is deceased.
6910	6910	SECTION 22.053. Section 201.405(b), Occupations Code, is
6911	6911	amended to read as follows:
6912	6912	(b) Consent for the release of confidential information
6913	6913	must be in writing and signed by:
6914	6914	(1) the patient;
6915	6915	(2) a parent or legal guardian if the patient is a
6916	6916	minor;
6917	6917	(3) a legal guardian if the patient has been
6918	6918	adjudicated incompetent to manage the patient's personal affairs;
6919	6919	(4) an attorney ad litem appointed for the patient, as
6920	6920	authorized by:
6921	6921	(A) Subtitle B, Title 6, Health and Safety Code;
6922	6922	(B) Subtitle C, D, or E, Title 7, Health and
6923	6923	Safety Code;
6924	6924	(C) Title 3, Estates [Chapter XIII, Texas
6925	6925	Probate] Code;
6926	6926	(D) Chapter 107, Family Code; or
6927	6927	(E) another applicable provision; or
6928	6928	(5) a personal representative if the patient is
6929	6929	deceased.
6930	6930	SECTION 22.054. Section 202.406(a), Occupations Code, is
6931	6931	amended to read as follows:
6932	6932	(a) Consent for the release of information made
6933	6933	confidential under this subchapter must be made in writing and
6934	6934	signed by:
6935	6935	(1) the patient;
6936	6936	(2) the patient's parent or legal guardian if the
6937	6937	patient is a minor;
6938	6938	(3) a legal guardian if the patient has been
6939	6939	adjudicated incompetent to manage the patient's personal affairs;
6940	6940	(4) an attorney ad litem appointed for the patient, as
6941	6941	authorized by:
6942	6942	(A) Subtitle B, Title 6, Health and Safety Code;
6943	6943	(B) Subtitle C, D, or E, Title 7, Health and
6944	6944	Safety Code;
6945	6945	(C) Title 3, Estates [Chapter XIII, Texas
6946	6946	Probate] Code;
6947	6947	(D) Chapter 107, Family Code; or
6948	6948	(E) another applicable law; or
6949	6949	(5) the patient's personal representative if the
6950	6950	patient is deceased.
6951	6951	SECTION 22.055. Section 1703.351(a), Occupations Code, is
6952	6952	amended to read as follows:
6953	6953	(a) The department may take action authorized under
6954	6954	Subsection (b) against an applicant or license holder who:
6955	6955	(1) wilfully violates this chapter or a rule adopted
6956	6956	under this chapter;
6957	6957	(2) violates Section 1703.306(a);
6958	6958	(3) wilfully aids or abets another to violate this
6959	6959	chapter or a rule adopted under this chapter;
6960	6960	(4) allows the person's license issued under this
6961	6961	chapter to be used by an unlicensed person in violation of this
6962	6962	chapter;
6963	6963	(5) makes a material misstatement in an application
6964	6964	for the issuance or renewal of a license;
6965	6965	(6) makes a wilful misrepresentation or false promise
6966	6966	or causes the printing of a false or misleading advertisement to
6967	6967	directly or indirectly obtain business or trainees;
6968	6968	(7) fails to inform a subject to be examined:
6969	6969	(A) of the nature of the examination; and
6970	6970	(B) that the subject's participation in the
6971	6971	examination is voluntary;
6972	6972	(8) fails to inform the subject of an examination of
6973	6973	the examination results on request;
6974	6974	(9) violates Section 51.151, Family Code;
6975	6975	(10) wilfully makes a false report concerning an
6976	6976	examination for polygraph examination purposes;
6977	6977	(11) fails to provide within a reasonable time
6978	6978	information requested by the department as the result of a formal
6979	6979	complaint to the department alleging a violation of this chapter;
6980	6980	(12) demonstrates unworthiness or incompetency to act
6981	6981	as a polygraph examiner;
6982	6982	(13) is convicted of an offense that directly relates
6983	6983	to the duties and responsibilities of a polygraph examiner; or
6984	6984	(14) is found to be incapacitated as provided by the
6985	6985	Estates [Probate] Code.
6986	6986	SECTION 22.056. Section 25.10(a), Penal Code, is amended to
6987	6987	read as follows:
6988	6988	(a) In this section:
6989	6989	(1) "Possessory right" means the right of a guardian
6990	6990	of the person to have physical possession of a ward and to establish
6991	6991	the ward's legal domicile, as provided by Section 1151.051(c)(1),
6992	6992	Estates [767(1), Texas Probate] Code.
6993	6993	(2) "Ward" has the meaning assigned by Chapter 1002,
6994	6994	Estates [Section 601, Texas Probate] Code.
6995	6995	SECTION 22.057. Section 32.45(a)(1), Penal Code, is amended
6996	6996	to read as follows:
6997	6997	(1) "Fiduciary" includes:
6998	6998	(A) a trustee, guardian, administrator,
6999	6999	executor, conservator, and receiver;
7000	7000	(B) an attorney in fact or agent appointed under
7001	7001	a durable power of attorney as provided by Subtitle P, Title 2,
7002	7002	Estates [Chapter XII, Texas Probate] Code;
7003	7003	(C) any other person acting in a fiduciary
7004	7004	capacity, but not a commercial bailee unless the commercial bailee
7005	7005	is a party in a motor fuel sales agreement with a distributor or
7006	7006	supplier, as those terms are defined by Section 162.001, Tax Code;
7007	7007	and
7008	7008	(D) an officer, manager, employee, or agent
7009	7009	carrying on fiduciary functions on behalf of a fiduciary.
7010	7010	SECTION 22.058. Section 26.005(b), Property Code, is
7011	7011	amended to read as follows:
7012	7012	(b) The interests of the deceased individual's children and
7013	7013	grandchildren are divided among them and exercisable on a per
7014	7014	stirpes basis in the manner provided by Section 201.101, Estates
7015	7015	[43, Texas Probate] Code, according to the number of the deceased
7016	7016	individual's children represented. If there is more than one child
7017	7017	of a deceased child of the deceased individual, the share of a child
7018	7018	of a deceased child may only be exercised by a majority of the
7019	7019	children of the deceased child.
7020	7020	SECTION 22.059. Section 74.501(d), Property Code, is
7021	7021	amended to read as follows:
7022	7022	(d) On receipt of a claim form and all necessary
7023	7023	documentation and as may be appropriate under the circumstances,
7024	7024	the comptroller may approve the claim of:
7025	7025	(1) the reported owner of the property;
7026	7026	(2) if the reported owner died testate:
7027	7027	(A) the appropriate legal beneficiaries of the
7028	7028	owner as provided by the last will and testament of the owner that
7029	7029	has been accepted into probate or filed as a muniment of title; or
7030	7030	(B) the executor of the owner's last will and
7031	7031	testament who holds current letters testamentary;
7032	7032	(3) if the reported owner died intestate:
7033	7033	(A) the legal heirs of the owner as provided by
7034	7034	Sections 201.001 and 201.002, Estates [Section 38, Texas Probate]
7035	7035	Code; or
7036	7036	(B) the court-appointed administrator of the
7037	7037	owner's estate;
7038	7038	(4) the legal heirs of the reported owner as
7039	7039	established by an affidavit of heirship order signed by a judge of
7040	7040	the county probate court or by a county judge;
7041	7041	(5) if the reported owner is a minor child or an adult
7042	7042	who has been adjudged incompetent by a court of law, the parent or
7043	7043	legal guardian of the child or adult;
7044	7044	(6) if the reported owner is a corporation:
7045	7045	(A) the president or chair of the board of
7046	7046	directors of the corporation, on behalf of the corporation; or
7047	7047	(B) any person who has legal authority to act on
7048	7048	behalf of the corporation;
7049	7049	(7) if the reported owner is a corporation that has
7050	7050	been dissolved or liquidated:
7051	7051	(A) the sole surviving shareholder of the
7052	7052	corporation, if there is only one surviving shareholder;
7053	7053	(B) the surviving shareholders of the
7054	7054	corporation in proportion to their ownership of the corporation, if
7055	7055	there is more than one surviving shareholder;
7056	7056	(C) the corporation's bankruptcy trustee; or
7057	7057	(D) the court-ordered receiver for the
7058	7058	corporation; or
7059	7059	(8) any other person that is entitled to receive the
7060	7060	unclaimed property under other law or comptroller policy.
7061	7061	SECTION 22.060. Section 115.001(d), Property Code, is
7062	7062	amended to read as follows:
7063	7063	(d) The jurisdiction of the district court is exclusive
7064	7064	except for jurisdiction conferred by law on:
7065	7065	(1) a statutory probate court;
7066	7066	(2) a court that creates a trust under Subchapter B,
7067	7067	Chapter 1301, Estates [Section 867, Texas Probate] Code;
7068	7068	(3) a court that creates a trust under Section
7069	7069	142.005;
7070	7070	(4) a justice court under Chapter 27, Government Code;
7071	7071	or
7072	7072	(5) [a small claims court under Chapter 28, Government
7073	7073	Code; or
7074	7074	[(6)] a county court at law.
7075	7075	SECTION 22.061. Section 123.003(a), Property Code, is
7076	7076	amended to read as follows:
7077	7077	(a) Any party initiating a proceeding involving a
7078	7078	charitable trust shall give notice of the proceeding to the
7079	7079	attorney general by sending to the attorney general, by registered
7080	7080	or certified mail, a true copy of the petition or other instrument
7081	7081	initiating the proceeding involving a charitable trust within 30
7082	7082	days of the filing of such petition or other instrument, but no less
7083	7083	than 25 days prior to a hearing in such a proceeding. This
7084	7084	subsection does not apply to a proceeding that is initiated by an
7085	7085	application that exclusively seeks the admission of a will to
7086	7086	probate, regardless of whether the application seeks the
7087	7087	appointment of a personal representative, if the application:
7088	7088	(1) is uncontested; and
7089	7089	(2) is not subject to Subchapter C, Chapter 256,
7090	7090	Estates [Section 83, Texas Probate] Code.
7091	7091	SECTION 22.062. Section 123.005, Property Code, is amended
7092	7092	to read as follows:
7093	7093	Sec. 123.005. BREACH OF FIDUCIARY DUTY: VENUE;
7094	7094	JURISDICTION. (a) Venue in a proceeding brought by the attorney
7095	7095	general alleging breach of a fiduciary duty by a charitable entity
7096	7096	or a fiduciary or managerial agent of a charitable trust shall be a
7097	7097	court of competent jurisdiction in Travis County or in the county
7098	7098	where the defendant resides or has its principal office. To the
7099	7099	extent of a conflict between this subsection and any provision of
7100	7100	the Estates [Texas Probate] Code providing for venue of a
7101	7101	proceeding brought with respect to a charitable trust created by a
7102	7102	will that has been admitted to probate, this subsection controls.
7103	7103	(b) A statutory probate court of Travis County has
7104	7104	concurrent jurisdiction with any other court on which jurisdiction
7105	7105	is conferred by Section 32.001, Estates [4A, Texas Probate] Code,
7106	7106	in a proceeding brought by the attorney general alleging breach of a
7107	7107	fiduciary duty with respect to a charitable trust created by a will
7108	7108	that has been admitted to probate.
7109	7109	SECTION 22.063. Section 27(a), Chapter 88 (H.B. 1573), Acts
7110	7110	of the 77th Legislature, Regular Session, 2001 (Article 6243h,
7111	7111	Vernon's Texas Civil Statutes), is amended to read as follows:
7112	7112	(a) A person eligible for payment of a pension or other
7113	7113	benefits administered by the pension system may direct the pension
7114	7114	system to treat as the authorized representative of the person
7115	7115	concerning the disposition of the pension or other benefits an
7116	7116	attorney-in-fact under a power of attorney that the pension system
7117	7117	determines complies with Subchapters A and B, Chapter 752, Estates
7118	7118	[Section 490, Texas Probate] Code.
7119	7119	SECTION 22.064. Section 6.13, Chapter 824 (S.B. 817), Acts
7120	7120	of the 73rd Legislature, Regular Session, 1993 (Article 6243o,
7121	7121	Vernon's Texas Civil Statutes), is amended to read as follows:
7122	7122	Sec. 6.13. GUARDIANSHIP. Any benefit payable under this
7123	7123	article to a dependent child as defined by Section 1.02(7)(B) of
7124	7124	this Act may be paid only to a guardian who is appointed in
7125	7125	accordance with Title 3, Estates [Chapter XIII, Texas Probate]
7126	7126	Code. Any benefit payable under this article to a dependent child
7127	7127	as defined by Section 1.02(7)(A) of this Act may, at the board's
7128	7128	discretion, be:
7129	7129	(1) paid to a guardian appointed in accordance with
7130	7130	Title 3, Estates [Chapter XIII, Texas Probate] Code; or
7131	7131	(2) accrued by the fund and paid directly to the
7132	7132	dependent child on the child's 18th birthday.
7133	7133	ARTICLE 23. CONFORMING CHANGES RELATING TO NONSUBSTANTIVE REVISION
7134	7134	OF CERTAIN LAWS CONCERNING COMMUNITY SUPERVISION
7135	7135	SECTION 23.001. Article 42.0199, Code of Criminal
7136	7136	Procedure, is amended to conform to Chapter 770 (H.B. 2299), Acts of
7137	7137	the 84th Legislature, Regular Session, 2015, to read as follows:
7138	7138	Art. 42.0199. FINDING REGARDING DILIGENT PARTICIPATION
7139	7139	CREDIT. If a person is convicted of a state jail felony, the judge
7140	7140	shall make a finding and enter the finding in the judgment of the
7141	7141	case regarding whether the person is presumptively entitled to
7142	7142	diligent participation credit in accordance with [Section 15(h),]
7143	7143	Article 42A.559 [42.12].
7144	7144	SECTION 23.002. Section 5, Article 42.03, Code of Criminal
7145	7145	Procedure, is amended to conform to Chapter 770 (H.B. 2299), Acts of
7146	7146	the 84th Legislature, Regular Session, 2015, to read as follows:
7147	7147	Sec. 5. Except as otherwise provided by [Section 5(a-1),]
7148	7148	Article 42A.106(b) [42.12], the court after pronouncing the
7149	7149	sentence shall inform the defendant of the defendant's right to
7150	7150	petition the court for an order of nondisclosure of criminal
7151	7151	history record information under Subchapter E-1, Chapter 411,
7152	7152	Government Code, unless the defendant is ineligible to pursue that
7153	7153	right because of the requirements that apply to obtaining the order
7154	7154	in the defendant's circumstances, such as:
7155	7155	(1) the nature of the offense for which the defendant
7156	7156	is convicted; or
7157	7157	(2) the defendant's criminal history.
7158	7158	SECTION 23.003. Sections 411.072(a) and (b), Government
7159	7159	Code, are amended to conform to Chapter 770 (H.B. 2299), Acts of the
7160	7160	84th Legislature, Regular Session, 2015, to read as follows:
7161	7161	(a) This section applies only to a person who:
7162	7162	(1) was placed on deferred adjudication community
7163	7163	supervision under Subchapter C [Section 5], Chapter 42A [Article
7164	7164	42.12], Code of Criminal Procedure, for a misdemeanor other than a
7165	7165	misdemeanor:
7166	7166	(A) under Chapter 20, 21, 22, 25, 42, 43, 46, or
7167	7167	71, Penal Code; or
7168	7168	(B) with respect to which an affirmative finding
7169	7169	under [Section 5(k),] Article 42A.105(f) [42.12], Code of Criminal
7170	7170	Procedure, was filed in the papers of the case; and
7171	7171	(2) has never been previously convicted of or placed
7172	7172	on deferred adjudication community supervision for another offense
7173	7173	other than an offense under the Transportation Code that is
7174	7174	punishable by fine only.
7175	7175	(b) Notwithstanding any other provision of this subchapter
7176	7176	or Subchapter F, if a person described by Subsection (a) receives a
7177	7177	discharge and dismissal under [Section 5(c),] Article 42A.111
7178	7178	[42.12], Code of Criminal Procedure, and satisfies the requirements
7179	7179	of Section 411.074, the court that placed the person on deferred
7180	7180	adjudication community supervision shall issue an order of
7181	7181	nondisclosure of criminal history record information under this
7182	7182	subchapter prohibiting criminal justice agencies from disclosing
7183	7183	to the public criminal history record information related to the
7184	7184	offense giving rise to the deferred adjudication community
7185	7185	supervision. The court shall determine whether the person
7186	7186	satisfies the requirements of Section 411.074, and if the court
7187	7187	makes a finding that the requirements of that section are
7188	7188	satisfied, the court shall issue the order of nondisclosure of
7189	7189	criminal history record information:
7190	7190	(1) at the time the court discharges and dismisses the
7191	7191	proceedings against the person, if the discharge and dismissal
7192	7192	occurs on or after the 180th day after the date the court placed the
7193	7193	person on deferred adjudication community supervision; or
7194	7194	(2) as soon as practicable on or after the 180th day
7195	7195	after the date the court placed the person on deferred adjudication
7196	7196	community supervision, if the discharge and dismissal occurred
7197	7197	before that date.
7198	7198	SECTION 23.004. Section 411.0725(a), Government Code, is
7199	7199	amended to conform to Chapter 770 (H.B. 2299), Acts of the 84th
7200	7200	Legislature, Regular Session, 2015, to read as follows:
7201	7201	(a) This section applies only to a person placed on deferred
7202	7202	adjudication community supervision under Subchapter C [Section 5],
7203	7203	Chapter 42A [Article 42.12], Code of Criminal Procedure, who is not
7204	7204	eligible to receive an order of nondisclosure of criminal history
7205	7205	record information under Section 411.072.
7206	7206	SECTION 23.005. Section 411.0728(a), Government Code, is
7207	7207	amended to conform to Chapter 770 (H.B. 2299), Acts of the 84th
7208	7208	Legislature, Regular Session, 2015, to read as follows:
7209	7209	(a) This section applies only to a person who on conviction
7210	7210	for an offense under Section 43.02, Penal Code, is placed on
7211	7211	community supervision under Chapter 42A [Article 42.12], Code of
7212	7212	Criminal Procedure, and with respect to whom the conviction is
7213	7213	subsequently set aside by the court under Article 42A.701 [Section
7214	7214	20(a)] of that code [article].
7215	7215	SECTION 23.006. Section 411.073(a), Government Code, is
7216	7216	amended to conform to Chapter 770 (H.B. 2299), Acts of the 84th
7217	7217	Legislature, Regular Session, 2015, to read as follows:
7218	7218	(a) This section applies only to a person placed on
7219	7219	community supervision under Chapter 42A [Article 42.12], Code of
7220	7220	Criminal Procedure:
7221	7221	(1) following a conviction of a misdemeanor other than
7222	7222	a misdemeanor under Section 106.041, Alcoholic Beverage Code,
7223	7223	Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or Chapter 71,
7224	7224	Penal Code; and
7225	7225	(2) under a provision of Chapter 42A [Article 42.12],
7226	7226	Code of Criminal Procedure, other than Subchapter C [Section 5],
7227	7227	including:
7228	7228	(A) a provision that requires the person to serve
7229	7229	a term of confinement as a condition of community supervision; or
7230	7230	(B) another provision that authorizes placing a
7231	7231	person on community supervision after the person has served part of
7232	7232	a term of confinement imposed for the offense.
7233	7233	SECTION 23.007. Section 411.1471(f), Government Code, is
7234	7234	amended to conform to Chapter 770 (H.B. 2299), Acts of the 84th
7235	7235	Legislature, Regular Session, 2015, to read as follows:
7236	7236	(f) A defendant who provides a DNA sample under this section
7237	7237	is not required to provide a DNA sample under Section 411.148 of
7238	7238	this code or under [Section 11(j),] Article 42A.352 [42.12], Code
7239	7239	of Criminal Procedure, unless the attorney representing the state
7240	7240	in the prosecution of the felony offense that makes Section 411.148
7241	7241	or Article 42A.352 [11(j)] applicable to the defendant establishes
7242	7242	to the satisfaction of the director that the interests of justice or
7243	7243	public safety require that the defendant provide additional
7244	7244	samples.
7245	7245	SECTION 23.008. Section 411.1882(a), Government Code, is
7246	7246	amended to conform to Chapter 770 (H.B. 2299), Acts of the 84th
7247	7247	Legislature, Regular Session, 2015, to read as follows:
7248	7248	(a) A person who is serving in this state as a judge or
7249	7249	justice of a federal court, as an active judicial officer as defined
7250	7250	by Section 411.201, as a district attorney, assistant district
7251	7251	attorney, criminal district attorney, assistant criminal district
7252	7252	attorney, county attorney, or assistant county attorney, as a
7253	7253	supervision officer as defined by [Section 2,] Article 42A.001
7254	7254	[42.12], Code of Criminal Procedure, or as a juvenile probation
7255	7255	officer may establish handgun proficiency for the purposes of this
7256	7256	subchapter by obtaining from a handgun proficiency instructor
7257	7257	approved by the Texas Commission on Law Enforcement for purposes of
7258	7258	Section 1702.1675, Occupations Code, a sworn statement that
7259	7259	indicates that the person, during the 12-month period preceding the
7260	7260	date of the person's application to the department, demonstrated to
7261	7261	the instructor proficiency in the use of handguns.
7262	7262	SECTION 23.009. Section 411.1953, Government Code, is
7263	7263	amended to conform to Chapter 770 (H.B. 2299), Acts of the 84th
7264	7264	Legislature, Regular Session, 2015, to read as follows:
7265	7265	Sec. 411.1953. REDUCTION OF FEES FOR COMMUNITY SUPERVISION
7266	7266	AND CORRECTIONS DEPARTMENT OFFICERS AND JUVENILE PROBATION
7267	7267	OFFICERS. Notwithstanding any other provision of this subchapter,
7268	7268	an applicant who is serving in this state as a supervision officer,
7269	7269	as defined by [Section 2,] Article 42A.001 [42.12], Code of
7270	7270	Criminal Procedure, or as a juvenile probation officer shall pay a
7271	7271	fee of $25 for the issuance of an original or renewed license under
7272	7272	this subchapter.
7273	7273	SECTION 23.010. Section 49.09(h), Penal Code, as amended by
7274	7274	Section 2.84, Chapter 770 (H.B. 2299), and Section 2, Chapter 1067
7275	7275	(H.B. 2246), Acts of the 84th Legislature, Regular Session, 2015,
7276	7276	is reenacted to conform to Section 1.01, Chapter 770 (H.B. 2299),
7277	7277	Acts of the 84th Legislature, Regular Session, 2015, to read as
7278	7278	follows:
7279	7279	(h) This subsection applies only to a person convicted of a
7280	7280	second or subsequent offense relating to the operating of a motor
7281	7281	vehicle while intoxicated committed within five years of the date
7282	7282	on which the most recent preceding offense was committed. The court
7283	7283	shall enter an order that requires the defendant to have a device
7284	7284	installed, on each motor vehicle owned or operated by the
7285	7285	defendant, that uses a deep-lung breath analysis mechanism to make
7286	7286	impractical the operation of the motor vehicle if ethyl alcohol is
7287	7287	detected in the breath of the operator, and that requires that
7288	7288	before the first anniversary of the ending date of the period of
7289	7289	license suspension under Section 521.344, Transportation Code, the
7290	7290	defendant not operate any motor vehicle that is not equipped with
7291	7291	that device. The court shall require the defendant to obtain the
7292	7292	device at the defendant's own cost on or before that ending date,
7293	7293	require the defendant to provide evidence to the court on or before
7294	7294	that ending date that the device has been installed on each
7295	7295	appropriate vehicle, and order the device to remain installed on
7296	7296	each vehicle until the first anniversary of that ending date. If
7297	7297	the court determines the offender is unable to pay for the device,
7298	7298	the court may impose a reasonable payment schedule not to extend
7299	7299	beyond the first anniversary of the date of installation. The
7300	7300	Department of Public Safety shall approve devices for use under
7301	7301	this subsection. Section 521.247, Transportation Code, applies to
7302	7302	the approval of a device under this subsection and the consequences
7303	7303	of that approval. Failure to comply with an order entered under
7304	7304	this subsection is punishable by contempt. For the purpose of
7305	7305	enforcing this subsection, the court that enters an order under
7306	7306	this subsection retains jurisdiction over the defendant until the
7307	7307	date on which the device is no longer required to remain installed.
7308	7308	To the extent of a conflict between this subsection and Subchapter
7309	7309	I, Chapter 42A, Code of Criminal Procedure, this subsection
7310	7310	controls.
7311	7311	SECTION 23.011. Section 92.025(b), Property Code, is
7312	7312	amended to conform to Chapter 770 (H.B. 2299), Acts of the 84th
7313	7313	Legislature, Regular Session, 2015, to read as follows:
7314	7314	(b) This section does not preclude a cause of action for
7315	7315	negligence in leasing of a dwelling by a landlord or a landlord's
7316	7316	manager or agent to a tenant, if:
7317	7317	(1) the tenant:
7318	7318	(A) was convicted of an offense listed in
7319	7319	[Section 3g,] Article 42A.054 [42.12], Code of Criminal Procedure;
7320	7320	or
7321	7321	(B) has a reportable conviction or adjudication,
7322	7322	as defined by Article 62.001, Code of Criminal Procedure; and
7323	7323	(2) the person against whom the action is filed knew or
7324	7324	should have known of the conviction or adjudication.
7325	7325	SECTION 23.012. (a) Article 42A.105, Code of Criminal
7326	7326	Procedure, is amended to conform to Chapter 1279 (S.B. 1902), Acts
7327	7327	of the 84th Legislature, Regular Session, 2015, by adding
7328	7328	Subsection (f) to read as follows:
7329	7329	(f) If a judge places on deferred adjudication community
7330	7330	supervision a defendant charged with a misdemeanor other than a
7331	7331	misdemeanor under Chapter 20, 21, 22, 25, 42, 43, 46, or 71, Penal
7332	7332	Code, the judge shall make an affirmative finding of fact and file a
7333	7333	statement of that affirmative finding with the papers in the case if
7334	7334	the judge determines that it is not in the best interest of justice
7335	7335	that the defendant receive an automatic order of nondisclosure
7336	7336	under Section 411.072, Government Code.
7337	7337	(b) Article 42A.106(b), Code of Criminal Procedure, is
7338	7338	amended to conform to Chapter 1279 (S.B. 1902), Acts of the 84th
7339	7339	Legislature, Regular Session, 2015, to read as follows:
7340	7340	(b) Before placing a defendant on deferred adjudication
7341	7341	community supervision, the court shall inform the defendant of the
7342	7342	defendant's right to receive or petition the court for an order of
7343	7343	nondisclosure of criminal history record information under
7344	7344	Subchapter E-1, Chapter 411 [Section 411.081], Government Code, as
7345	7345	applicable, unless the defendant is ineligible for an order [to
7346	7346	pursue that right] because of:
7347	7347	(1) the nature of the offense for which the defendant
7348	7348	is placed on deferred adjudication community supervision; or
7349	7349	(2) the defendant's criminal history.
7350	7350	(c) Article 42A.111(e), Code of Criminal Procedure, is
7351	7351	amended to conform to Chapter 1279 (S.B. 1902), Acts of the 84th
7352	7352	Legislature, Regular Session, 2015, to read as follows:
7353	7353	(e) A judge who dismisses the proceedings against a
7354	7354	defendant and discharges the defendant under this article:
7355	7355	(1) shall [:
7356	7356	[(1)] provide the defendant with a copy of the order of
7357	7357	dismissal and discharge; and
7358	7358	(2) if the judge determines that the defendant is or
7359	7359	may become eligible for an order of nondisclosure of criminal
7360	7360	history record information under Subchapter E-1, Chapter 411,
7361	7361	Government Code, shall, as applicable:
7362	7362	(A) grant an order of nondisclosure of criminal
7363	7363	history record information to the defendant;
7364	7364	(B) inform the defendant of the defendant's
7365	7365	eligibility to receive an order of nondisclosure of criminal
7366	7366	history record information without a petition and the earliest date
7367	7367	on which the defendant is eligible to receive the order; or
7368	7368	(C) [,] inform the defendant of the defendant's
7369	7369	eligibility to petition the court for an order of nondisclosure of
7370	7370	criminal history record information [under Section 411.081,
7371	7371	Government Code,] and the earliest date the defendant is eligible
7372	7372	to file the petition for the order [of nondisclosure].
7373	7373	(d) Section 16, Chapter 1279 (S.B. 1902), Acts of the 84th
7374	7374	Legislature, Regular Session, 2015, which amended Section 5,
7375	7375	Article 42.12, Code of Criminal Procedure, is repealed.
7376	7376	SECTION 23.013. (a) Article 42A.301, Code of Criminal
7377	7377	Procedure, is amended to conform to Section 2, Chapter 106 (H.B.
7378	7378	3633), Acts of the 84th Legislature, Regular Session, 2015, to read
7379	7379	as follows:
7380	7380	Art. 42A.301. BASIC DISCRETIONARY CONDITIONS. The judge of
7381	7381	the court having jurisdiction of the case shall determine the
7382	7382	conditions of community supervision. The judge may impose any
7383	7383	reasonable condition that is designed to protect or restore the
7384	7384	community, protect or restore the victim, or punish, rehabilitate,
7385	7385	or reform the defendant. Conditions of community supervision may
7386	7386	include conditions requiring the defendant to:
7387	7387	(1) commit no offense against the laws of this state or
7388	7388	of any other state or of the United States;
7389	7389	(2) avoid injurious or vicious habits;
7390	7390	(3) avoid persons or places of disreputable or harmful
7391	7391	character, including any person, other than a family member of the
7392	7392	defendant, who is an active member of a criminal street gang;
7393	7393	(4) report to the supervision officer as directed by
7394	7394	the judge or supervision officer and obey all rules and regulations
7395	7395	of the community supervision and corrections department;
7396	7396	(5) permit the supervision officer to visit the
7397	7397	defendant at the defendant's home or elsewhere;
7398	7398	(6) work faithfully at suitable employment to the
7399	7399	extent possible;
7400	7400	(7) remain within a specified place;
7401	7401	(8) pay in one or more amounts:
7402	7402	(A) the defendant's fine, if one is assessed; and
7403	7403	(B) all court costs, regardless of whether a fine
7404	7404	is assessed;
7405	7405	(9) support the defendant's dependents;
7406	7406	(10) participate, for a period specified by the judge,
7407	7407	in any community-based program, including a community service
7408	7408	project under Article 42A.304;
7409	7409	(11) if the judge determines that the defendant has
7410	7410	financial resources that enable the defendant to offset in part or
7411	7411	in whole the costs of the legal services provided to the defendant
7412	7412	in accordance with Article 1.051(c) or (d), including any expenses
7413	7413	and costs, reimburse the county in which the prosecution was
7414	7414	instituted for the costs of the legal services in an amount that the
7415	7415	judge finds the defendant is able to pay, except that the defendant
7416	7416	may not be ordered to pay an amount that exceeds [as follows]:
7417	7417	(A) the actual costs, including any expenses and
7418	7418	costs, paid by the county for the legal services provided by an
7419	7419	appointed attorney [if counsel was appointed, an amount for
7420	7420	compensation paid to appointed counsel for defending the defendant
7421	7421	in the case]; or
7422	7422	(B) if the defendant was represented by a public
7423	7423	defender's office, the actual [an] amount, including any expenses
7424	7424	and costs, that would have otherwise been paid to an appointed
7425	7425	attorney had the county not had a public defender's office;
7426	7426	(12) if under custodial supervision in a community
7427	7427	corrections facility:
7428	7428	(A) remain under that supervision;
7429	7429	(B) obey all rules and regulations of the
7430	7430	facility; and
7431	7431	(C) pay a percentage of the defendant's income
7432	7432	to:
7433	7433	(i) the facility for room and board; and
7434	7434	(ii) the defendant's dependents for their
7435	7435	support during the period of custodial supervision;
7436	7436	(13) submit to testing for alcohol or controlled
7437	7437	substances;
7438	7438	(14) attend counseling sessions for substance abusers
7439	7439	or participate in substance abuse treatment services in a program
7440	7440	or facility approved or licensed by the Department of State Health
7441	7441	Services;
7442	7442	(15) with the consent of the victim of a misdemeanor
7443	7443	offense or of any offense under Title 7, Penal Code, participate in
7444	7444	victim-defendant mediation;
7445	7445	(16) submit to electronic monitoring;
7446	7446	(17) reimburse the compensation to victims of crime
7447	7447	fund for any amounts paid from that fund to or on behalf of a victim,
7448	7448	as defined by Article 56.32, of the offense or if no reimbursement
7449	7449	is required, make one payment to the compensation to victims of
7450	7450	crime fund in an amount not to exceed $50 if the offense is a
7451	7451	misdemeanor or not to exceed $100 if the offense is a felony;
7452	7452	(18) reimburse a law enforcement agency for the
7453	7453	analysis, storage, or disposal of raw materials, controlled
7454	7454	substances, chemical precursors, drug paraphernalia, or other
7455	7455	materials seized in connection with the offense;
7456	7456	(19) pay all or part of the reasonable and necessary
7457	7457	costs incurred by the victim for psychological counseling made
7458	7458	necessary by the offense or for counseling and education relating
7459	7459	to acquired immune deficiency syndrome or human immunodeficiency
7460	7460	virus made necessary by the offense;
7461	7461	(20) make one payment in an amount not to exceed $50 to
7462	7462	a crime stoppers organization, as defined by Section 414.001,
7463	7463	Government Code, and as certified by the Texas Crime Stoppers
7464	7464	Council;
7465	7465	(21) submit a DNA sample to the Department of Public
7466	7466	Safety under Subchapter G, Chapter 411, Government Code, for the
7467	7467	purpose of creating a DNA record of the defendant;
7468	7468	(22) in any manner required by the judge, provide in
7469	7469	the county in which the offense was committed public notice of the
7470	7470	offense for which the defendant was placed on community
7471	7471	supervision; and
7472	7472	(23) reimburse the county in which the prosecution was
7473	7473	instituted for compensation paid to any interpreter in the case.
7474	7474	(b) Article 42A.651, Code of Criminal Procedure, is amended
7475	7475	to conform to Section 2, Chapter 106 (H.B. 3633), Acts of the 84th
7476	7476	Legislature, Regular Session, 2015, by amending Subsection (a) and
7477	7477	adding Subsection (c) to read as follows:
7478	7478	(a) A judge may not order a defendant to make a payment as a
7479	7479	term or condition of community supervision, except for:
7480	7480	(1) the payment of fines, court costs, or restitution
7481	7481	to the victim; [or]
7482	7482	(2) reimbursement of a county as described by Article
7483	7483	42A.301(11); or
7484	7484	(3) a payment ordered as a condition that relates
7485	7485	personally to the rehabilitation of the defendant or that is
7486	7486	otherwise expressly authorized by law.
7487	7487	(c) A judge may not impose a condition of community
7488	7488	supervision requiring a defendant to reimburse a county for the
7489	7489	costs of legal services as described by Article 42A.301(11) if the
7490	7490	defendant has already satisfied that obligation under Article
7491	7491	26.05(g).
7492	7492	(c) Article 42A.655, Code of Criminal Procedure, is amended
7493	7493	to conform to Section 2, Chapter 106 (H.B. 3633), Acts of the 84th
7494	7494	Legislature, Regular Session, 2015, to read as follows:
7495	7495	Art. 42A.655. ABILITY TO PAY. The court shall consider the
7496	7496	defendant's ability to pay before [in] ordering the defendant to
7497	7497	make any payments under this chapter.
7498	7498	(d) Section 2, Chapter 106 (H.B. 3633), Acts of the 84th
7499	7499	Legislature, Regular Session, 2015, which amended Sections 11(a)
7500	7500	and (b), Article 42.12, Code of Criminal Procedure, is repealed.
7501	7501	SECTION 23.014. (a) Article 42A.751(i), Code of Criminal
7502	7502	Procedure, is amended to conform to Section 3, Chapter 106 (H.B.
7503	7503	3633), Acts of the 84th Legislature, Regular Session, 2015, to read
7504	7504	as follows:
7505	7505	(i) In a revocation hearing at which it is alleged only that
7506	7506	the defendant violated the conditions of community supervision by
7507	7507	failing to pay [compensation paid to appointed counsel,] community
7508	7508	supervision fees[,] or court costs or by failing to pay the costs of
7509	7509	legal services as described by Article 42A.301(11), the state must
7510	7510	prove by a preponderance of the evidence that the defendant was able
7511	7511	to pay and did not pay as ordered by the judge.
7512	7512	(b) Section 3, Chapter 106 (H.B. 3633), Acts of the 84th
7513	7513	Legislature, Regular Session, 2015, which amended Section 21(c),
7514	7514	Article 42.12, Code of Criminal Procedure, is repealed.
7515	7515	SECTION 23.015. (a) Article 42A.304, Code of Criminal
7516	7516	Procedure, is amended to conform to Section 1, Chapter 1002 (H.B.
7517	7517	583), Acts of the 84th Legislature, Regular Session, 2015, by
7518	7518	amending Subsection (f) and adding Subsection (g) to read as
7519	7519	follows:
7520	7520	(f) Instead of requiring the defendant to work a specified
7521	7521	number of hours at one or more community service projects under
7522	7522	Subsection (a), the [The] judge may order a defendant to make a
7523	7523	specified donation to:
7524	7524	(1) a nonprofit food bank or food pantry in the
7525	7525	community in which the defendant resides;
7526	7526	(2) a charitable organization engaged primarily in
7527	7527	performing charitable functions for veterans in the community in
7528	7528	which the defendant resides; or
7529	7529	(3) in a county with a population of less than 50,000,
7530	7530	another nonprofit organization that:
7531	7531	(A) is exempt from taxation under Section 501(a)
7532	7532	of the Internal Revenue Code of 1986 because it is listed in Section
7533	7533	501(c)(3) of that code; and
7534	7534	(B) provides services or assistance to needy
7535	7535	individuals and families in the community in which the defendant
7536	7536	resides [instead of requiring the defendant to work a specified
7537	7537	number of hours at one or more community service projects under
7538	7538	Subsection (a)].
7539	7539	(g) In this article:
7540	7540	(1) "Charitable organization" has the meaning
7541	7541	assigned by Section 2252.906, Government Code.
7542	7542	(2) "Veteran" has the meaning assigned by Section
7543	7543	434.022, Government Code.
7544	7544	(b) Section 1, Chapter 1002 (H.B. 583), Acts of the 84th
7545	7545	Legislature, Regular Session, 2015, which amended Section 16,
7546	7546	Article 42.12, Code of Criminal Procedure, is repealed.
7547	7547	SECTION 23.016. (a) Article 42A.403(a), Code of Criminal
7548	7548	Procedure, is amended to conform to Chapter 838 (S.B. 202), Acts of
7549	7549	the 84th Legislature, Regular Session, 2015, to read as follows:
7550	7550	(a) A judge who places on community supervision a defendant
7551	7551	convicted of an offense under Sections 49.04-49.08, Penal Code,
7552	7552	shall require as a condition of community supervision that the
7553	7553	defendant attend and successfully complete, before the 181st day
7554	7554	after the date community supervision is granted, an educational
7555	7555	program designed to rehabilitate persons who have driven while
7556	7556	intoxicated that is jointly approved by:
7557	7557	(1) the Texas Department of Licensing and Regulation
7558	7558	[State Health Services];
7559	7559	(2) the Department of Public Safety;
7560	7560	(3) the traffic safety section of the traffic
7561	7561	operations division of the Texas Department of Transportation; and
7562	7562	(4) the community justice assistance division of the
7563	7563	Texas Department of Criminal Justice.
7564	7564	(b) Article 42A.403, Code of Criminal Procedure, is amended
7565	7565	to conform to Chapter 851 (S.B. 1070), Acts of the 84th Legislature,
7566	7566	Regular Session, 2015, by adding Subsection (d-1) and amending
7567	7567	Subsection (e) to read as follows:
7568	7568	(d-1) The judge shall waive the educational program
7569	7569	requirement if the defendant successfully completes equivalent
7570	7570	education at a residential treatment facility under Article
7571	7571	42A.4045.
7572	7572	(e) The judge shall set out in the judgment, as applicable:
7573	7573	(1) the finding of good cause for waiver; or
7574	7574	(2) the finding that the defendant has successfully
7575	7575	completed equivalent education as provided by Article 42A.4045 [in
7576	7576	the judgment].
7577	7577	(c) Article 42A.404(a), Code of Criminal Procedure, is
7578	7578	amended to conform to Chapter 838 (S.B. 202), Acts of the 84th
7579	7579	Legislature, Regular Session, 2015, to read as follows:
7580	7580	(a) The judge shall require a defendant who is punished
7581	7581	under Section 49.09, Penal Code, to attend and successfully
7582	7582	complete as a condition of community supervision an educational
7583	7583	program for repeat offenders that is approved by the Texas
7584	7584	Department of Licensing and Regulation [State Health Services].
7585	7585	(d) Article 42A.404, Code of Criminal Procedure, is amended
7586	7586	to conform to Chapter 851 (S.B. 1070), Acts of the 84th Legislature,
7587	7587	Regular Session, 2015, by amending Subsections (b) and (c) and
7588	7588	adding Subsection (b-1) to read as follows:
7589	7589	(b) The judge may waive the educational program requirement
7590	7590	[only] if the defendant by a motion in writing shows good cause. In
7591	7591	determining good cause, the judge may consider:
7592	7592	(1) the defendant's school and work schedule;
7593	7593	(2) the defendant's health;
7594	7594	(3) the distance that the defendant must travel to
7595	7595	attend an educational program; and
7596	7596	(4) whether the defendant resides out of state or does
7597	7597	not have access to transportation.
7598	7598	(b-1) The judge shall waive the educational program
7599	7599	requirement if the defendant successfully completes equivalent
7600	7600	education at a residential treatment facility under Article
7601	7601	42A.4045.
7602	7602	(c) The judge shall set out in the judgment, as applicable:
7603	7603	(1) the finding of good cause for waiver; or
7604	7604	(2) the finding that the defendant has successfully
7605	7605	completed equivalent education as provided by Article 42A.4045 [in
7606	7606	the judgment].
7607	7607	(e) Subchapter I, Chapter 42A, Code of Criminal Procedure,
7608	7608	is amended to conform to Chapter 851 (S.B. 1070), Acts of the 84th
7609	7609	Legislature, Regular Session, 2015, by adding Article 42A.4045 to
7610	7610	read as follows:
7611	7611	Art. 42A.4045. ALTERNATIVE TO EDUCATIONAL PROGRAM:
7612	7612	SUBSTANCE ABUSE TREATMENT FACILITY. (a) A judge shall waive the
7613	7613	educational requirement under Article 42A.403 or 42A.404 for a
7614	7614	defendant who is required to receive treatment as a resident of a
7615	7615	substance abuse treatment facility as a condition of community
7616	7616	supervision if the defendant successfully completes equivalent
7617	7617	education while the defendant is confined to the residential
7618	7618	treatment facility.
7619	7619	(b) The Department of State Health Services shall approve
7620	7620	equivalent education provided at substance abuse treatment
7621	7621	facilities.
7622	7622	(c) The executive commissioner of the Health and Human
7623	7623	Services Commission shall adopt rules to implement this article.
7624	7624	(d) For purposes of this article, a substance abuse
7625	7625	treatment facility includes:
7626	7626	(1) a substance abuse felony punishment facility
7627	7627	operated by the Texas Department of Criminal Justice under Section
7628	7628	493.009, Government Code;
7629	7629	(2) a community corrections facility, as defined by
7630	7630	Section 509.001, Government Code; or
7631	7631	(3) a chemical dependency treatment facility licensed
7632	7632	under Chapter 464, Health and Safety Code.
7633	7633	(f) Article 42A.405, Code of Criminal Procedure, is amended
7634	7634	to conform to Chapter 838 (S.B. 202), Acts of the 84th Legislature,
7635	7635	Regular Session, 2015, to read as follows:
7636	7636	Art. 42A.405. RULES FOR AND ADMINISTRATION OF EDUCATIONAL
7637	7637	PROGRAMS. (a) The Texas Department of Licensing and Regulation
7638	7638	[Health and Human Services Commission] shall adopt rules for the
7639	7639	educational program under Article 42A.404.
7640	7640	(b) The Texas Department of Licensing and Regulation [State
7641	7641	Health Services] shall:
7642	7642	(1) publish the jointly approved rules for the
7643	7643	educational program under Article 42A.403; and
7644	7644	(2) monitor, coordinate, and provide training to
7645	7645	persons providing the educational programs under this subchapter.
7646	7646	(c) The Texas Department of Licensing and Regulation [State
7647	7647	Health Services] is responsible for the administration of the
7648	7648	certification of approved educational programs.
7649	7649	(d) The Texas Department of Licensing and Regulation [State
7650	7650	Health Services] may charge a nonrefundable application fee for the
7651	7651	initial certification of approval or for a renewal of the
7652	7652	certification.
7653	7653	(g) Article 42A.406, Code of Criminal Procedure, is amended
7654	7654	to conform to Chapter 851 (S.B. 1070), Acts of the 84th Legislature,
7655	7655	Regular Session, 2015, by amending Subsection (a) and adding
7656	7656	Subsection (b-1) to read as follows:
7657	7657	(a) If a defendant is required as a condition of community
7658	7658	supervision to attend an educational program under Article 42A.403
7659	7659	or 42A.404, or if the court waives the educational program
7660	7660	requirement under Article 42A.403 or the defendant successfully
7661	7661	completes equivalent education under Article 42A.4045, the court
7662	7662	clerk shall immediately report that fact to the Department of
7663	7663	Public Safety, on a form prescribed by the department, for
7664	7664	inclusion in the defendant's driving record. If the court grants an
7665	7665	extension of time in which the defendant may complete the
7666	7666	educational program under Article 42A.403, the court clerk shall
7667	7667	immediately report that fact to the Department of Public Safety on a
7668	7668	form prescribed by the department. The clerk's report under this
7669	7669	subsection must include the beginning date of the defendant's
7670	7670	community supervision.
7671	7671	(b-1) Upon release from a residential treatment facility at
7672	7672	which the person successfully completed equivalent education under
7673	7673	Article 42A.4045, at the request of the court clerk, the director of
7674	7674	the residential treatment facility shall give notice to the
7675	7675	Department of Public Safety for inclusion in the person's driving
7676	7676	record.
7677	7677	(h) The following provisions are repealed:
7678	7678	(1) Section 1, Chapter 851 (S.B. 1070), Acts of the
7679	7679	84th Legislature, Regular Session, 2015, which amended Subsections
7680	7680	(h) and (j) and added Subsection (o), Section 13, Article 42.12,
7681	7681	Code of Criminal Procedure; and
7682	7682	(2) Section 1.224, Chapter 838 (S.B. 202), Acts of the
7683	7683	84th Legislature, Regular Session, 2015, which amended Subsections
7684	7684	(h) and (j), Section 13, Article 42.12, Code of Criminal Procedure.
7685	7685	SECTION 23.017. (a) Article 42A.407, Code of Criminal
7686	7686	Procedure, is amended to conform to Section 1, Chapter 1067 (H.B.
7687	7687	2246), Acts of the 84th Legislature, Regular Session, 2015, by
7688	7688	adding Subsection (g) to read as follows:
7689	7689	(g) Notwithstanding any other provision of this subchapter,
7690	7690	a defendant whose license is suspended for an offense under
7691	7691	Sections 49.04-49.08, Penal Code, may operate a motor vehicle
7692	7692	during the period of suspension if the defendant:
7693	7693	(1) obtains and uses an ignition interlock device as
7694	7694	provided by Article 42A.408 for the entire period of the
7695	7695	suspension; and
7696	7696	(2) applies for and receives an occupational driver's
7697	7697	license with an ignition interlock designation under Section
7698	7698	521.2465, Transportation Code.
7699	7699	(b) Section 1, Chapter 1067 (H.B. 2246), Acts of the 84th
7700	7700	Legislature, Regular Session, 2015, which added Section 13(o),
7701	7701	Article 42.12, Code of Criminal Procedure, is repealed.
7702	7702	SECTION 23.018. (a) Article 42A.454, Code of Criminal
7703	7703	Procedure, is amended to conform to Section 1, Chapter 684 (H.B.
7704	7704	372), Acts of the 84th Legislature, Regular Session, 2015, to read
7705	7705	as follows:
7706	7706	Art. 42A.454. CERTAIN INTERNET ACTIVITY PROHIBITED. (a)
7707	7707	This article applies only to a defendant who is required to register
7708	7708	as a sex offender under Chapter 62, by court order or otherwise,
7709	7709	and:
7710	7710	(1) is convicted of or receives a grant of deferred
7711	7711	adjudication community supervision for a violation of Section
7712	7712	21.11, 22.011(a)(2), 22.021(a)(1)(B), 33.021, or 43.25, Penal
7713	7713	Code;
7714	7714	(2) used the Internet or any other type of electronic
7715	7715	device used for Internet access to commit the offense or engage in
7716	7716	the conduct for which the person is required to register under
7717	7717	Chapter 62; or
7718	7718	(3) is assigned a numeric risk level of two or three
7719	7719	based on an assessment conducted under Article 62.007.
7720	7720	(b) If the court grants community supervision to a defendant
7721	7721	described by Subsection (a), the court as a condition of community
7722	7722	supervision shall:
7723	7723	(1) prohibit the defendant from using the Internet to:
7724	7724	(A) [(1)] access material that is obscene, as
7725	7725	defined by Section 43.21, Penal Code;
7726	7726	(B) [(2)] access a commercial social networking
7727	7727	site, as defined by Article 62.0061(f);
7728	7728	(C) [(3)] communicate with any individual
7729	7729	concerning sexual relations with an individual who is younger than
7730	7730	17 years of age; or
7731	7731	(D) [(4)] communicate with another individual
7732	7732	the defendant knows is younger than 17 years of age; and
7733	7733	(2) to ensure the defendant's compliance with
7734	7734	Subdivision (1), require the defendant to submit to regular
7735	7735	inspection or monitoring of each electronic device used by the
7736	7736	defendant to access the Internet.
7737	7737	(c) The court may modify at any time the condition described
7738	7738	by Subsection (b)(1)(D) [(b)(4)] if:
7739	7739	(1) the condition interferes with the defendant's
7740	7740	ability to attend school or become or remain employed and
7741	7741	consequently constitutes an undue hardship for the defendant; or
7742	7742	(2) the defendant is the parent or guardian of an
7743	7743	individual who is younger than 17 years of age and the defendant is
7744	7744	not otherwise prohibited from communicating with that individual.
7745	7745	(b) Section 1, Chapter 684 (H.B. 372), Acts of the 84th
7746	7746	Legislature, Regular Session, 2015, which amended Section 13G,
7747	7747	Article 42.12, Code of Criminal Procedure, is repealed.
7748	7748	SECTION 23.019. (a) Subchapter K, Chapter 42A, Code of
7749	7749	Criminal Procedure, is amended to conform to Section 3, Chapter
7750	7750	1004 (H.B. 642), Acts of the 84th Legislature, Regular Session,
7751	7751	2015, by adding Article 42A.514 to read as follows:
7752	7752	Art. 42A.514. COMMUNITY SUPERVISION FOR CERTAIN ALCOHOL OR
7753	7753	DRUG RELATED OFFENSES. (a) If a judge grants community supervision
7754	7754	to a defendant younger than 18 years of age convicted of an
7755	7755	alcohol-related offense under Section 106.02, 106.025, 106.04,
7756	7756	106.041, 106.05, or 106.07, Alcoholic Beverage Code, or Section
7757	7757	49.02, Penal Code, or an offense involving possession of a
7758	7758	controlled substance or marihuana under Section 481.115, 481.1151,
7759	7759	481.116, 481.1161, 481.117, 481.118, or 481.121, Health and Safety
7760	7760	Code, the judge may require the defendant as a condition of
7761	7761	community supervision to attend, as appropriate:
7762	7762	(1) an alcohol awareness program approved under
7763	7763	Section 106.115, Alcoholic Beverage Code; or
7764	7764	(2) a drug education program that is designed to
7765	7765	educate persons on the dangers of drug abuse and is approved by the
7766	7766	Department of State Health Services in accordance with Section
7767	7767	521.374, Transportation Code.
7768	7768	(b) If a judge requires a defendant as a condition of
7769	7769	community supervision to attend an alcohol awareness program or
7770	7770	drug education program described by Subsection (a), unless the
7771	7771	judge determines that the defendant is indigent and unable to pay
7772	7772	the cost, the judge shall require the defendant to pay the cost of
7773	7773	attending the program. The judge may allow the defendant to pay the
7774	7774	cost of attending the program in installments during the term of
7775	7775	community supervision.
7776	7776	(b) Section 3, Chapter 1004 (H.B. 642), Acts of the 84th
7777	7777	Legislature, Regular Session, 2015, which added Section 11(n),
7778	7778	Article 42.12, Code of Criminal Procedure, is repealed.
7779	7779	SECTION 23.020. (a) Article 42A.559, Code of Criminal
7780	7780	Procedure, is amended to conform to Section 2, Chapter 225 (H.B.
7781	7781	1546), Acts of the 84th Legislature, Regular Session, 2015, by
7782	7782	amending Subsections (b), (e), and (f) and adding Subsections (g)
7783	7783	and (h) to read as follows:
7784	7784	(b) A defendant confined in a state jail felony facility
7785	7785	does not earn good conduct time for time served in the facility but
7786	7786	may be awarded diligent participation credit in accordance with
7787	7787	Subsection (f) or (g).
7788	7788	(e) For a defendant who has participated in an educational,
7789	7789	vocational, treatment, or work program while confined in a state
7790	7790	jail felony facility, [not later than the 30th day before the date
7791	7791	on which the defendant will have served 80 percent of the
7792	7792	defendant's sentence,] the Texas Department of Criminal Justice
7793	7793	shall record [report to the sentencing court] the number of days
7794	7794	during which the defendant diligently participated in any
7795	7795	educational, vocational, treatment, or work program. [The
7796	7796	contents of a report submitted under this subsection are not
7797	7797	subject to challenge by a defendant.]
7798	7798	(f) For a defendant with a judgment that contains a finding
7799	7799	under Article 42.0199 that the defendant is presumptively entitled
7800	7800	to diligent participation credit and who has not been the subject of
7801	7801	disciplinary action while confined in the state jail felony
7802	7802	facility, the department shall [A judge, based on the report
7803	7803	received under Subsection (e), may] credit against any time the [a]
7804	7804	defendant is required to serve in a state jail felony facility
7805	7805	additional time for each day the defendant actually served in the
7806	7806	facility while diligently participating in an educational,
7807	7807	vocational, treatment, or work program.
7808	7808	(g) For a defendant with a judgment that contains a finding
7809	7809	under Article 42.0199 that the defendant is not presumptively
7810	7810	entitled to diligent participation credit or who has been the
7811	7811	subject of disciplinary action while confined in the state jail
7812	7812	felony facility, the department shall, not later than the 30th day
7813	7813	before the date on which the defendant will have served 80 percent
7814	7814	of the defendant's sentence, report to the sentencing court the
7815	7815	record of the number of days under Subsection (e). The contents of a
7816	7816	report submitted under this subsection are not subject to challenge
7817	7817	by a defendant. A judge, based on the report, may credit against any
7818	7818	time a defendant is required to serve in a state jail felony
7819	7819	facility additional time for each day the defendant actually served
7820	7820	in the facility while diligently participating in an educational,
7821	7821	vocational, treatment, or work program.
7822	7822	(h) A time credit under Subsection (f) or (g) [this
7823	7823	subsection] may not exceed one-fifth of the amount of time the
7824	7824	defendant is originally required to serve in the facility. A
7825	7825	defendant may not be awarded a time credit under Subsection (f) or
7826	7826	(g) [this subsection] for any period during which the defendant is
7827	7827	subject to disciplinary status [action]. A time credit under
7828	7828	Subsection (f) or (g) [this subsection] is a privilege and not a
7829	7829	right.
7830	7830	(b) Section 2, Chapter 225 (H.B. 1546), Acts of the 84th
7831	7831	Legislature, Regular Session, 2015, which amended Section 15(h),
7832	7832	Article 42.12, Code of Criminal Procedure, is repealed.
7833	7833	SECTION 23.021. (a) Article 42A.751(e), Code of Criminal
7834	7834	Procedure, is amended to conform to Section 1, Chapter 687 (H.B.
7835	7835	518), Acts of the 84th Legislature, Regular Session, 2015, to read
7836	7836	as follows:
7837	7837	(e) A judge may revoke without a hearing the community
7838	7838	supervision of a defendant who is imprisoned in a penal institution
7839	7839	if the defendant in writing before a court of record or a notary
7840	7840	public in the jurisdiction where the defendant is imprisoned:
7841	7841	(1) waives the defendant's right to a hearing and to
7842	7842	counsel;
7843	7843	(2) affirms that the defendant has nothing to say as to
7844	7844	why sentence should not be pronounced against the defendant; and
7845	7845	(3) requests the judge to revoke community supervision
7846	7846	and to pronounce sentence.
7847	7847	(b) Section 1, Chapter 687 (H.B. 518), Acts of the 84th
7848	7848	Legislature, Regular Session, 2015, which amended Section 21(b-2),
7849	7849	Article 42.12, Code of Criminal Procedure, is repealed.
7850	7850	ARTICLE 24. REDESIGNATIONS
7851	7851	SECTION 24.001. The following provisions of enacted codes
7852	7852	are redesignated to eliminate duplicate citations:
7853	7853	(1) Section 251.725, Alcoholic Beverage Code, as added
7854	7854	by Chapter 241 (S.B. 680), Acts of the 84th Legislature, Regular
7855	7855	Session, 2015, is redesignated as Section 251.726, Alcoholic
7856	7856	Beverage Code.
7857	7857	(2) Chapter 506, Business & Commerce Code, as added by
7858	7858	Chapter 794 (H.B. 2739), Acts of the 84th Legislature, Regular
7859	7859	Session, 2015, is redesignated as Chapter 507, Business & Commerce
7860	7860	Code, and Section 506.001, Business & Commerce Code, as added by
7861	7861	that Act, is redesignated as Section 507.001, Business & Commerce
7862	7862	Code.
7863	7863	(3) Article 2.139, Code of Criminal Procedure, as
7864	7864	added by Chapter 1124 (H.B. 3791), Acts of the 84th Legislature,
7865	7865	Regular Session, 2015, is redesignated as Article 2.1396, Code of
7866	7866	Criminal Procedure.
7867	7867	(4) Subdivision (5), Section 2, Article 38.01, Code of
7868	7868	Criminal Procedure, as added by Chapter 1276 (S.B. 1287), Acts of
7869	7869	the 84th Legislature, Regular Session, 2015, is redesignated as
7870	7870	Subdivision (6), Section 2, Article 38.01, Code of Criminal
7871	7871	Procedure.
7872	7872	(5) Section 21.0487, Education Code, as added by
7873	7873	Chapter 755 (H.B. 2014), Acts of the 84th Legislature, Regular
7874	7874	Session, 2015, is redesignated as Section 21.0488, Education Code.
7875	7875	(6) Subchapter E, Chapter 107, Family Code, as added
7876	7876	by Chapter 571 (H.B. 3003), Acts of the 84th Legislature, Regular
7877	7877	Session, 2015, is redesignated as Subchapter G, Chapter 107, Family
7878	7878	Code, and Sections 107.061, 107.062, 107.063, 107.064, 107.065,
7879	7879	107.066, 107.067, 107.068, 107.069, 107.070, 107.071, and 107.072,
7880	7880	Family Code, as added by that Act, are redesignated as Sections
7881	7881	107.251, 107.252, 107.253, 107.254, 107.255, 107.256, 107.257,
7882	7882	107.258, 107.259, 107.260, 107.261, and 107.262, Family Code,
7883	7883	respectively.
7884	7884	(7) Subchapter F, Chapter 107, Family Code, as added
7885	7885	by Chapter 571 (H.B. 3003), Acts of the 84th Legislature, Regular
7886	7886	Session, 2015, is redesignated as Subchapter H, Chapter 107, Family
7887	7887	Code, and Sections 107.101, 107.102, 107.103, 107.104, 107.105,
7888	7888	107.106, 107.107, and 107.108, Family Code, as added by that Act,
7889	7889	are redesignated as Sections 107.301, 107.302, 107.303, 107.304,
7890	7890	107.305, 107.306, 107.307, and 107.308, Family Code, respectively.
7891	7891	(8) Section 262.011, Family Code, as added by Chapter
7892	7892	455 (H.B. 331), Acts of the 84th Legislature, Regular Session,
7893	7893	2015, is redesignated as Section 262.012, Family Code.
7894	7894	(9) Subchapter C, Chapter 265, Family Code, as added
7895	7895	by Chapter 1257 (H.B. 2630), Acts of the 84th Legislature, Regular
7896	7896	Session, 2015, is redesignated as Subchapter D, Chapter 265, Family
7897	7897	Code, and Sections 265.101, 265.102, 265.103, 265.104, and 265.105,
7898	7898	Family Code, as added by that Act, are redesignated as Sections
7899	7899	265.151, 265.152, 265.153, 265.154, and 265.155, Family Code,
7900	7900	respectively.
7901	7901	(10) Chapter 36, Government Code, as added by Chapter
7902	7902	935 (H.B. 2398), Acts of the 84th Legislature, Regular Session,
7903	7903	2015, is redesignated as Chapter 38, Government Code, and Sections
7904	7904	36.001, 36.002, and 36.003, Government Code, as added by that Act,
7905	7905	are redesignated as Sections 38.001, 38.002, and 38.003, Government
7906	7906	Code, respectively.
7907	7907	(11) Section 402.038, Government Code, as added by
7908	7908	Chapter 105 (H.B. 3327), Acts of the 84th Legislature, Regular
7909	7909	Session, 2015, is redesignated as Section 402.039, Government Code.
7910	7910	(12) Section 411.0208, Government Code, as added by
7911	7911	Chapter 1221 (S.B. 1853), Acts of the 84th Legislature, Regular
7912	7912	Session, 2015, is redesignated as Section 411.02095, Government
7913	7913	Code.
7914	7914	(13) Section 442.030, Government Code, as added by
7915	7915	Chapter 445 (H.B. 3868), Acts of the 84th Legislature, Regular
7916	7916	Session, 2015, is redesignated as Section 442.031, Government Code.
7917	7917	(14) Section 442.030, Government Code, as added by
7918	7918	Chapter 556 (H.B. 2332), Acts of the 84th Legislature, Regular
7919	7919	Session, 2015, is redesignated as Section 442.032, Government Code.
7920	7920	(15) Section 501.068, Government Code, as added by
7921	7921	Chapter 406 (H.B. 2189), Acts of the 84th Legislature, Regular
7922	7922	Session, 2015, is redesignated as Section 501.069, Government Code.
7923	7923	(16) Section 531.00553, Government Code, as added by
7924	7924	Chapter 1209 (S.B. 1540), Acts of the 84th Legislature, Regular
7925	7925	Session, 2015, is redesignated as Section 531.00554, Government
7926	7926	Code.
7927	7927	(17) Subsection (q), Section 531.102, Government
7928	7928	Code, as added by Chapter 945 (S.B. 207), Acts of the 84th
7929	7929	Legislature, Regular Session, 2015, is redesignated as Subsection
7930	7930	(x), Section 531.102, Government Code.
7931	7931	(18) Section 533.0061, Government Code, as added by
7932	7932	Chapter 837 (S.B. 200), Acts of the 84th Legislature, Regular
7933	7933	Session, 2015, is redesignated as Section 533.0065, Government
7934	7934	Code.
7935	7935	(19) Section 656.002, Government Code, as added by
7936	7936	Chapter 111 (S.B. 389), Acts of the 84th Legislature, Regular
7937	7937	Session, 2015, is redesignated as Section 656.003, Government Code.
7938	7938	(20) Section 662.061, Government Code, as added by
7939	7939	Chapter 272 (H.B. 369), Acts of the 84th Legislature, Regular
7940	7940	Session, 2015, is redesignated as Section 662.063, Government Code.
7941	7941	(21) Section 662.061, Government Code, as added by
7942	7942	Chapter 503 (H.B. 194), Acts of the 84th Legislature, Regular
7943	7943	Session, 2015, is redesignated as Section 662.064, Government Code.
7944	7944	(22) Section 662.155, Government Code, as added by
7945	7945	Chapter 686 (H.B. 504), Acts of the 84th Legislature, Regular
7946	7946	Session, 2015, is redesignated as Section 662.156, Government Code.
7947	7947	(23) Section 2054.134, Government Code, as added by
7948	7948	Chapter 965 (S.B. 1877), Acts of the 84th Legislature, Regular
7949	7949	Session, 2015, is redesignated as Section 2054.135, Government
7950	7950	Code.
7951	7951	(24) Subsection (d-1), Section 2306.185, Government
7952	7952	Code, as added by Chapter 817 (H.B. 3576), Acts of the 84th
7953	7953	Legislature, Regular Session, 2015, is redesignated as Subsection
7954	7954	(d-5), Section 2306.185, Government Code.
7955	7955	(25) Subsection (g), Section 81.046, Health and Safety
7956	7956	Code, as added by Chapter 789 (H.B. 2646), Acts of the 84th
7957	7957	Legislature, Regular Session, 2015, is redesignated as Subsection
7958	7958	(h), Section 81.046, Health and Safety Code.
7959	7959	(26) Section 105.009, Health and Safety Code, as added
7960	7960	by Chapter 1088 (H.B. 2696), Acts of the 84th Legislature, Regular
7961	7961	Session, 2015, is redesignated as Section 105.010, Health and
7962	7962	Safety Code.
7963	7963	(27) Chapter 118, Health and Safety Code, as added by
7964	7964	Chapter 1123 (H.B. 3781), Acts of the 84th Legislature, Regular
7965	7965	Session, 2015, is redesignated as Chapter 119, Health and Safety
7966	7966	Code, and Sections 118.001, 118.051, 118.052, 118.053, 118.054,
7967	7967	118.055, 118.056, 118.101, 118.102, 118.103, 118.104, 118.105,
7968	7968	118.106, and 118.107, Health and Safety Code, as added by that Act,
7969	7969	are redesignated as Sections 119.001, 119.051, 119.052, 119.053,
7970	7970	119.054, 119.055, 119.056, 119.101, 119.102, 119.103, 119.104,
7971	7971	119.105, 119.106, and 119.107, Health and Safety Code,
7972	7972	respectively.
7973	7973	(28) Subsection (d), Section 712.0444, Health and
7974	7974	Safety Code, as added by Chapter 19 (S.B. 656), Acts of the 84th
7975	7975	Legislature, Regular Session, 2015, is redesignated as Subsection
7976	7976	(e), Section 712.0444, Health and Safety Code.
7977	7977	(29) Section 161.088, Human Resources Code, as added
7978	7978	by Chapters 826 (H.B. 4001) and 1200 (S.B. 1385), Acts of the 84th
7979	7979	Legislature, Regular Session, 2015, is redesignated as Section
7980	7980	161.089, Human Resources Code.
7981	7981	(30) Section 55.009, Occupations Code, as added by
7982	7982	Chapter 1193 (S.B. 1307), Acts of the 84th Legislature, Regular
7983	7983	Session, 2015, is redesignated as Section 55.010, Occupations Code.
7984	7984	(31) Subsection (l), Section 1701.253, Occupations
7985	7985	Code, as added by Chapter 642 (S.B. 1987), Acts of the 84th
7986	7986	Legislature, Regular Session, 2015, is redesignated as Subsection
7987	7987	(m), Section 1701.253, Occupations Code.
7988	7988	(32) Sections 1701.261 and 1701.262, Occupations
7989	7989	Code, as added by Chapter 725 (H.B. 1338), Acts of the 84th
7990	7990	Legislature, Regular Session, 2015, are redesignated as Sections
7991	7991	1701.264 and 1701.265, Occupations Code, respectively.
7992	7992	(33) Section 1701.262, Occupations Code, as added by
7993	7993	Chapter 1056 (H.B. 2053), Acts of the 84th Legislature, Regular
7994	7994	Session, 2015, is redesignated as Section 1701.266, Occupations
7995	7995	Code.
7996	7996	(34) Subchapter M, Chapter 11, Parks and Wildlife
7997	7997	Code, as added by Chapter 1181 (S.B. 1132), Acts of the 84th
7998	7998	Legislature, Regular Session, 2015, is redesignated as Subchapter
7999	7999	N, Chapter 11, Parks and Wildlife Code, and Section 11.351, Parks
8000	8000	and Wildlife Code, as added by that Act, is redesignated as Section
8001	8001	11.401, Parks and Wildlife Code.
8002	8002	(35) Section 21.16, Penal Code, as added by Chapter
8003	8003	676 (H.B. 207), Acts of the 84th Legislature, Regular Session,
8004	8004	2015, is redesignated as Section 21.17, Penal Code.
8005	8005	(36) Section 225.102, Transportation Code, as added by
8006	8006	Chapter 16 (S.B. 489), Acts of the 84th Legislature, Regular
8007	8007	Session, 2015, is redesignated as Section 225.110, Transportation
8008	8008	Code.
8009	8009	(37) Section 225.102, Transportation Code, as added by
8010	8010	Chapter 276 (H.B. 598), Acts of the 84th Legislature, Regular
8011	8011	Session, 2015, is redesignated as Section 225.111, Transportation
8012	8012	Code.
8013	8013	(38) Section 225.102, Transportation Code, as added by
8014	8014	Chapter 316 (H.B. 1187), Acts of the 84th Legislature, Regular
8015	8015	Session, 2015, is redesignated as Section 225.112, Transportation
8016	8016	Code.
8017	8017	(39) Section 225.102, Transportation Code, as added by
8018	8018	Chapter 714 (H.B. 1237), Acts of the 84th Legislature, Regular
8019	8019	Session, 2015, is redesignated as Section 225.113, Transportation
8020	8020	Code.
8021	8021	(40) Section 225.102, Transportation Code, as added by
8022	8022	Chapter 1233 (S.B. 2041), Acts of the 84th Legislature, Regular
8023	8023	Session, 2015, is redesignated as Section 225.114, Transportation
8024	8024	Code.
8025	8025	(41) Section 225.103, Transportation Code, as added by
8026	8026	Chapter 296 (H.B. 2181), Acts of the 84th Legislature, Regular
8027	8027	Session, 2015, is redesignated as Section 225.115, Transportation
8028	8028	Code.
8029	8029	(42) Section 225.103, Transportation Code, as added by
8030	8030	Chapter 349 (H.B. 1044), Acts of the 84th Legislature, Regular
8031	8031	Session, 2015, is redesignated as Section 225.116, Transportation
8032	8032	Code.
8033	8033	(43) Section 225.103, Transportation Code, as added by
8034	8034	Chapter 458 (H.B. 481), Acts of the 84th Legislature, Regular
8035	8035	Session, 2015, is redesignated as Section 225.117, Transportation
8036	8036	Code.
8037	8037	(44) Section 225.103, Transportation Code, as added by
8038	8038	Chapter 1233 (S.B. 2041), Acts of the 84th Legislature, Regular
8039	8039	Session, 2015, is redesignated as Section 225.118, Transportation
8040	8040	Code.
8041	8041	(45) Section 225.105, Transportation Code, as added by
8042	8042	Chapter 13 (S.B. 227), Acts of the 84th Legislature, Regular
8043	8043	Session, 2015, is redesignated as Section 225.119, Transportation
8044	8044	Code.
8045	8045	(46) Section 225.105, Transportation Code, as added by
8046	8046	Chapter 271 (H.B. 219), Acts of the 84th Legislature, Regular
8047	8047	Session, 2015, is redesignated as Section 225.120, Transportation
8048	8048	Code.
8049	8049	(47) Section 225.106, Transportation Code, as added by
8050	8050	Chapter 35 (S.B. 288), Acts of the 84th Legislature, Regular
8051	8051	Session, 2015, is redesignated as Section 225.108, Transportation
8052	8052	Code.
8053	8053	(48) Section 225.106, Transportation Code, as added by
8054	8054	Chapter 506 (H.B. 663), Acts of the 84th Legislature, Regular
8055	8055	Session, 2015, is redesignated as Section 225.121, Transportation
8056	8056	Code.
8057	8057	(49) Section 225.106, Transportation Code, as added by
8058	8058	Chapter 566 (H.B. 2540), Acts of the 84th Legislature, Regular
8059	8059	Session, 2015, is redesignated as Section 225.122, Transportation
8060	8060	Code.
8061	8061	(50) Section 502.004, Transportation Code, as added by
8062	8062	Chapter 67 (S.B. 449), Acts of the 84th Legislature, Regular
8063	8063	Session, 2015, is redesignated as Section 502.005, Transportation
8064	8064	Code.
8065	8065	(51) Subsections (j) and (k), Section 504.315,
8066	8066	Transportation Code, as added by Chapter 34 (S.B. 193), Acts of the
8067	8067	84th Legislature, Regular Session, 2015, are redesignated as
8068	8068	Subsections (n) and (o), Section 504.315, Transportation Code,
8069	8069	respectively.
8070	8070	(52) Subsection (j), Section 504.315, Transportation
8071	8071	Code, as added by Chapter 716 (H.B. 1273), Acts of the 84th
8072	8072	Legislature, Regular Session, 2015, is redesignated as Subsection
8073	8073	(p), Section 504.315, Transportation Code.
8074	8074	(53) Section 504.320, Transportation Code, as added by
8075	8075	Chapter 335 (H.B. 127), Acts of the 84th Legislature, Regular
8076	8076	Session, 2015, is redesignated as Section 504.321, Transportation
8077	8077	Code.
8078	8078	(54) Section 504.320, Transportation Code, as added by
8079	8079	Chapter 1012 (H.B. 923), Acts of the 84th Legislature, Regular
8080	8080	Session, 2015, is redesignated as Section 504.322, Transportation
8081	8081	Code.
8082	8082	(55) Section 504.649, Transportation Code, as added by
8083	8083	Chapter 942 (H.B. 4099), Acts of the 84th Legislature, Regular
8084	8084	Session, 2015, is redesignated as Section 504.666, Transportation
8085	8085	Code.
8086	8086	(56) Section 504.665, Transportation Code, as added by
8087	8087	Chapter 41 (S.B. 742), Acts of the 84th Legislature, Regular
8088	8088	Session, 2015, is redesignated as Section 504.667, Transportation
8089	8089	Code.
8090	8090	(57) Section 504.665, Transportation Code, as added by
8091	8091	Chapter 454 (H.B. 315), Acts of the 84th Legislature, Regular
8092	8092	Session, 2015, is redesignated as Section 504.668, Transportation
8093	8093	Code.
8094	8094	SECTION 24.002. The following changes are made to conform
8095	8095	the provisions amended to the redesignating changes made by Section
8096	8096	24.001 of this Act and to correct cross-references:
8097	8097	(1) Section 251.72, Alcoholic Beverage Code, is
8098	8098	amended to read as follows:
8099	8099	Sec. 251.72. CHANGE OF STATUS. Except as provided in
8100	8100	Sections 251.725, 251.726, 251.73, and 251.80, an authorized voting
8101	8101	unit that has exercised or may exercise the right of local option
8102	8102	retains the status adopted, whether absolute prohibition or
8103	8103	legalization of the sale of alcoholic beverages of one or more of
8104	8104	the various types and alcoholic contents on which an issue may be
8105	8105	submitted under the terms of Section 501.035, Election Code, until
8106	8106	that status is changed by a subsequent local option election in the
8107	8107	same authorized voting unit.
8108	8108	(2) Subsections (a) and (d), Section 107.256, Family
8109	8109	Code, as redesignated from Subsections (a) and (d), Section
8110	8110	107.066, Family Code, by Section 24.001 of this Act, are amended to
8111	8111	read as follows:
8112	8112	(a) An office described by Section 107.254 [107.064] or
8113	8113	107.255 [107.065] may be a governmental entity or a nonprofit
8114	8114	corporation operating under a written agreement with a governmental
8115	8115	entity, other than an individual judge or court.
8116	8116	(d) In creating an office of child representation or office
8117	8117	of parent representation under this section, the commissioners
8118	8118	court shall specify or the commissioners courts shall jointly
8119	8119	specify, as applicable:
8120	8120	(1) the duties of the office;
8121	8121	(2) the types of cases to which the office may be
8122	8122	appointed under this chapter and the courts in which an attorney
8123	8123	employed by the office may be required to appear;
8124	8124	(3) if the office is a nonprofit corporation, the term
8125	8125	during which the contract designating the office is effective and
8126	8126	how that contract may be renewed on expiration of the term; and
8127	8127	(4) if an oversight board is established under Section
8128	8128	107.262 [107.072] for the office, the powers and duties that have
8129	8129	been delegated to the oversight board.
8130	8130	(3) Subsection (a), Section 107.305, Family Code, as
8131	8131	redesignated from Subsection (a), Section 107.105, Family Code, by
8132	8132	Section 24.001 of this Act, is amended to read as follows:
8133	8133	(a) Unless a program uses a review committee appointed under
8134	8134	Section 107.306 [107.106], a program under this subchapter must be
8135	8135	directed by a person who:
8136	8136	(1) is a member of the State Bar of Texas;
8137	8137	(2) has practiced law for at least three years; and
8138	8138	(3) has substantial experience in the practice of
8139	8139	child welfare law.
8140	8140	(4) Subsection (b), Section 107.306, Family Code, as
8141	8141	redesignated from Subsection (b), Section 107.106, Family Code, by
8142	8142	Section 24.001 of this Act, is amended to read as follows:
8143	8143	(b) Each member of the committee:
8144	8144	(1) must meet the requirements described by Section
8145	8145	107.305(a) [107.105(a)] for the program director;
8146	8146	(2) may not be employed as a prosecutor; and
8147	8147	(3) may not be included on or apply for inclusion on
8148	8148	the public appointment list.
8149	8149	(5) Subsection (b), Section 261.3025, Family Code, is
8150	8150	amended to read as follows:
8151	8151	(b) The report must include the following information for
8152	8152	the preceding calendar year:
8153	8153	(1) the number of law enforcement officers who
8154	8154	completed the training program established under Section 1701.266
8155	8155	[1701.262], Occupations Code;
8156	8156	(2) the number of children who have been placed on the
8157	8157	child safety check alert list and the number of those children who
8158	8158	have been located; and
8159	8159	(3) the number of families who have been placed on the
8160	8160	child safety check alert list and the number of those families who
8161	8161	have been located.
8162	8162	(6) Subsection (d), Section 264.201, Family Code, is
8163	8163	amended to read as follows:
8164	8164	(d) The services may include in-home programs, parenting
8165	8165	skills training, youth coping skills, and individual and family
8166	8166	counseling. If the department requires or a court orders parenting
8167	8167	skills training services through a parenting education program, the
8168	8168	program must be an evidence-based or promising practice parenting
8169	8169	education program described by Section 265.151 [265.101] that is
8170	8170	provided in the community in which the family resides, if
8171	8171	available.
8172	8172	(7) Subsection (a-1), Section 265.004, Family Code, is
8173	8173	amended to read as follows:
8174	8174	(a-1) The department shall ensure that not less than 75
8175	8175	percent of the money appropriated for parenting education programs
8176	8176	under Subsection (a) funds evidence-based programs described by
8177	8177	Section 265.151(b) [265.101(b)] and that the remainder of that
8178	8178	money funds promising practice programs described by Section
8179	8179	265.151(c) [265.101(c)].
8180	8180	(8) Subsection (a), Section 38.003, Government Code,
8181	8181	as redesignated from Subsection (a), Section 36.003, Government
8182	8182	Code, by Section 24.001 of this Act, is amended to read as follows:
8183	8183	(a) The judge of a county, justice, or municipal court, in
8184	8184	accordance with Section 38.002 [36.002], may award money from a
8185	8185	judicial donation trust fund established under Section 38.001
8186	8186	[36.001] to eligible children or families who appear before the
8187	8187	court for a truancy or curfew violation or in another misdemeanor
8188	8188	offense proceeding before the court.
8189	8189	(9) Subsection (b), Section 656.023, Government Code,
8190	8190	is amended to read as follows:
8191	8191	(b) A form prescribed by the commission under Subsection (a)
8192	8192	must include a space for a state agency to list a military
8193	8193	occupational specialty code as provided by Section 656.003
8194	8194	[656.002].
8195	8195	(10) Subsection (e), Section 2306.185, Government
8196	8196	Code, as amended by Chapters 643 (S.B. 1989) and 817 (H.B. 3576),
8197	8197	Acts of the 84th Legislature, Regular Session, 2015, is reenacted
8198	8198	and amended to read as follows:
8199	8199	(e) Subsections (c), (d), (d-1), (d-2), (d-3), [and] (d-4),
8200	8200	and (d-5) and Section 2306.269 apply only to multifamily rental
8201	8201	housing developments to which the department is providing one or
8202	8202	more of the following forms of assistance:
8203	8203	(1) a loan or grant in an amount greater than 33
8204	8204	percent of the market value of the development on the date the
8205	8205	recipient completed the construction of the development;
8206	8206	(2) a loan guarantee for a loan in an amount greater
8207	8207	than 33 percent of the market value of the development on the date
8208	8208	the recipient took legal title to the development; or
8209	8209	(3) a low income housing tax credit.
8210	8210	(11) Section 81.032, Local Government Code, is amended
8211	8211	to read as follows:
8212	8212	Sec. 81.032. ACCEPTANCE OF DONATIONS AND BEQUESTS. The
8213	8213	commissioners court may accept a gift, grant, donation, bequest, or
8214	8214	devise of money or other property on behalf of the county, including
8215	8215	a donation under Chapter 38 [36], Government Code, for the purpose
8216	8216	of performing a function conferred by law on the county or a county
8217	8217	officer.
8218	8218	(12) Subsection (m), Section 1701.402, Occupations
8219	8219	Code, is amended to read as follows:
8220	8220	(m) As a requirement for an intermediate or advanced
8221	8221	proficiency certificate issued by the commission on or after
8222	8222	January 1, 2016, an officer must complete an education and training
8223	8223	program on the Texas Crime Information Center's child safety check
8224	8224	alert list established by the commission under Section 1701.266
8225	8225	[1701.262].
8226	8226	(13) Subsection (a-1), Section 504.009,
8227	8227	Transportation Code, is amended to read as follows:
8228	8228	(a-1) On request, the Texas Military Department, as defined
8229	8229	by Section 437.001, Government Code, shall issue a souvenir version
8230	8230	of the specialty license plate described by Section 504.322
8231	8231	[504.320].
8232	8232	ARTICLE 25. EFFECTIVE DATE
8233	8233	SECTION 25.001. This Act takes effect September 1, 2017.