1 | 1 | | 86R1964 JCG-D |
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2 | 2 | | By: Longoria H.B. No. 1788 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to certain required reports received or prepared by state |
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8 | 8 | | agencies and other governmental entities. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | ARTICLE 1. REPORTS REQUIRED OF STATE AGENCIES |
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11 | 11 | | SECTION 1.01. Section 51.751(b), Education Code, is amended |
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12 | 12 | | to read as follows: |
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13 | 13 | | (b) The center shall examine the efficiency of the public |
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14 | 14 | | school system and the effectiveness of instructional methods and |
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15 | 15 | | curricular programs and promote the use of successful methods and |
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16 | 16 | | programs. The center shall monitor and evaluate the implementation |
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17 | 17 | | of the accountability system under Chapters 39 and 39A [and provide |
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18 | 18 | | annual progress reports to the governor, Legislative Budget Board, |
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19 | 19 | | and commissioner of education]. |
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20 | 20 | | SECTION 1.02. Section 51.883, Education Code, is amended to |
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21 | 21 | | read as follows: |
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22 | 22 | | Sec. 51.883. REPORT ON ADMINISTERING EPINEPHRINE |
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23 | 23 | | AUTO-INJECTOR. (a) Not later than the 10th business day after the |
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24 | 24 | | date a personnel member or volunteer administers an epinephrine |
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25 | 25 | | auto-injector in accordance with a policy adopted under Section |
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26 | 26 | | 51.882(a), the institution of higher education shall report the |
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27 | 27 | | information required under Subsection (b) of this section to: |
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28 | 28 | | (1) the physician who prescribed the epinephrine |
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29 | 29 | | auto-injector; and |
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30 | 30 | | (2) the executive commissioner of the Health and Human |
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31 | 31 | | Services Commission [state health services]. |
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32 | 32 | | (b) The report required under this section must include the |
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33 | 33 | | following information: |
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34 | 34 | | (1) the age of the person who received the |
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35 | 35 | | administration of the epinephrine auto-injector; |
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36 | 36 | | (2) whether the person who received the administration |
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37 | 37 | | of the epinephrine auto-injector was a student, a personnel member, |
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38 | 38 | | or a visitor; |
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39 | 39 | | (3) the physical location where the epinephrine |
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40 | 40 | | auto-injector was administered; |
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41 | 41 | | (4) the number of doses of epinephrine auto-injector |
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42 | 42 | | administered; |
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43 | 43 | | (5) the title of the person who administered the |
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44 | 44 | | epinephrine auto-injector; and |
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45 | 45 | | (6) any other information required by the executive |
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46 | 46 | | commissioner of the Health and Human Services Commission [state |
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47 | 47 | | health services]. |
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48 | 48 | | SECTION 1.03. Sections 531.421(3) and (4), Government Code, |
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49 | 49 | | are amended to read as follows: |
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50 | 50 | | (3) ["Consortium" means the Texas System of Care |
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51 | 51 | | Consortium established under Subchapter G-1. |
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52 | 52 | | [(4)] "Systems of care services" means a comprehensive |
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53 | 53 | | state system of mental health services and other necessary and |
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54 | 54 | | related services that is organized as a coordinated network to meet |
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55 | 55 | | the multiple and changing needs of children with severe emotional |
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56 | 56 | | disturbances and their families. |
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57 | 57 | | SECTION 1.04. Section 531.422(c), Government Code, is |
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58 | 58 | | amended to read as follows: |
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59 | 59 | | (c) Each community resource coordination group shall submit |
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60 | 60 | | the report described by Subsection (b) to the commission |
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61 | 61 | | [consortium]. The commission [consortium] shall provide [a |
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62 | 62 | | deadline] to each group a deadline for submitting the reports that |
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63 | 63 | | is[. The time frame for completing the reports must be] coordinated |
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64 | 64 | | with any regional reviews by the commission of the delivery of |
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65 | 65 | | related services. |
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66 | 66 | | SECTION 1.05. Section 531.423, Government Code, is amended |
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67 | 67 | | to read as follows: |
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68 | 68 | | Sec. 531.423. SUMMARY REPORT BY COMMISSION [CONSORTIUM]. |
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69 | 69 | | (a) The commission [consortium] shall create a summary report |
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70 | 70 | | based on the evaluations in the reports submitted to the commission |
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71 | 71 | | [consortium] by community resource coordination groups under |
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72 | 72 | | Section 531.422. The commission's [consortium's] report must |
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73 | 73 | | include recommendations for policy and statutory changes at each |
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74 | 74 | | agency that is involved in the provision of systems of care services |
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75 | 75 | | and the outcome expected from implementing each recommendation. |
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76 | 76 | | (b) The commission [consortium] shall coordinate, where |
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77 | 77 | | appropriate, the recommendations in the report created under this |
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78 | 78 | | section with recommendations in the assessment developed under |
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79 | 79 | | Chapter 23 (S.B. [No.] 491), Acts of the 78th Legislature, Regular |
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80 | 80 | | Session, 2003, and with the continuum of care developed under |
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81 | 81 | | Section 533.040(d), Health and Safety Code [S.B. No. 490, Acts of |
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82 | 82 | | the 78th Legislature, Regular Session, 2003]. |
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83 | 83 | | (c) The commission [consortium] may include in the report |
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84 | 84 | | created under this section recommendations for the statewide |
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85 | 85 | | expansion of sites participating in the Texas System of Care and the |
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86 | 86 | | integration of services provided at those sites with services |
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87 | 87 | | provided by community resource coordination groups. |
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88 | 88 | | (d) The commission [consortium] shall provide a copy of the |
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89 | 89 | | report created under this section to each agency for which the |
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90 | 90 | | report makes a recommendation and to other agencies as appropriate. |
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91 | 91 | | SECTION 1.06. Section 2003.108, Government Code, is amended |
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92 | 92 | | to read as follows: |
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93 | 93 | | Sec. 2003.108. PENDING CASE STATUS REVIEW [REPORTS]. [(a) |
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94 | 94 | | The office shall provide the comptroller a monthly status report |
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95 | 95 | | that lists pending cases and provides information on any case that |
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96 | 96 | | exceeds the comptroller's time lines for issuing a proposal for |
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97 | 97 | | decision or an agreed order. |
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98 | 98 | | [(b)] At least quarterly, the office shall review with the |
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99 | 99 | | comptroller and appropriate staff of the office the status of |
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100 | 100 | | pending cases under this subchapter. |
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101 | 101 | | [(c) The office shall provide a quarterly report to the |
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102 | 102 | | comptroller on services performed by the office for the comptroller |
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103 | 103 | | under this subchapter.] |
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104 | 104 | | SECTION 1.07. Section 2054.075(b), Government Code, is |
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105 | 105 | | amended to read as follows: |
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106 | 106 | | (b) Each state agency [shall provide that its] information |
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107 | 107 | | resources manager is part of the agency's executive management and |
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108 | 108 | | reports directly [to a person with a title functionally equivalent] |
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109 | 109 | | to the executive head [director] or deputy executive head of the |
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110 | 110 | | agency [director]. Each state agency shall report to the |
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111 | 111 | | department the extent and results of its compliance with this |
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112 | 112 | | subsection and include with the report an organizational chart |
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113 | 113 | | showing the structure of the personnel in the agency's executive |
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114 | 114 | | management. The [, and the] department shall report the extent and |
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115 | 115 | | results of state agencies' compliance with this subsection to the |
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116 | 116 | | legislature. |
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117 | 117 | | SECTION 1.08. Section 2054.100(a), Government Code, is |
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118 | 118 | | amended to read as follows: |
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119 | 119 | | (a) Each state agency shall submit an operating plan to the |
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120 | 120 | | Legislative Budget Board, [the department,] the quality assurance |
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121 | 121 | | team, and the governor each state fiscal biennium in accordance |
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122 | 122 | | with the directions of the Legislative Budget Board. |
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123 | 123 | | SECTION 1.09. Section 2054.103, Government Code, is amended |
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124 | 124 | | to read as follows: |
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125 | 125 | | Sec. 2054.103. SUBMISSION OF OPERATING PLANS. Each state |
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126 | 126 | | agency shall send a copy of its biennial operating plan and of any |
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127 | 127 | | amendments to the plan, as approved by the Legislative Budget |
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128 | 128 | | Board, to the governor[, the department,] and the state auditor not |
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129 | 129 | | later than the 30th day after the date the Legislative Budget Board |
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130 | 130 | | approves the plan or amendment, as applicable. |
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131 | 131 | | SECTION 1.10. Section 2054.304(b), Government Code, is |
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132 | 132 | | amended to read as follows: |
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133 | 133 | | (b) Except as provided by Subsection (c), the state agency |
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134 | 134 | | must file the project plan with the quality assurance team [and the |
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135 | 135 | | department] before the agency: |
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136 | 136 | | (1) spends more than 10 percent of allocated funds for |
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137 | 137 | | the project or major contract; or |
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138 | 138 | | (2) first issues a vendor solicitation for the project |
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139 | 139 | | or contract. |
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140 | 140 | | SECTION 1.11. Section 2056.002(d), Government Code, is |
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141 | 141 | | amended to read as follows: |
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142 | 142 | | (d) A state agency shall send two copies of each plan to both |
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143 | 143 | | the Legislative Reference Library and the state publications |
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144 | 144 | | clearinghouse of the Texas State Library and one copy each to: |
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145 | 145 | | (1) the governor; |
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146 | 146 | | (2) the lieutenant governor; |
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147 | 147 | | (3) the speaker of the house of representatives; |
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148 | 148 | | (4) the Legislative Budget Board; and |
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149 | 149 | | (5) [the Sunset Advisory Commission; |
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150 | 150 | | [(6)] the state auditor[; and |
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151 | 151 | | [(7) the Department of Information Resources]. |
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152 | 152 | | SECTION 1.12. Section 2102.009, Government Code, is amended |
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153 | 153 | | to read as follows: |
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154 | 154 | | Sec. 2102.009. ANNUAL REPORT. The internal auditor shall |
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155 | 155 | | prepare an annual report and submit the report before November 1 of |
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156 | 156 | | each year to the governor, the Legislative Budget Board, [the |
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157 | 157 | | Sunset Advisory Commission,] the state auditor, the state agency's |
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158 | 158 | | governing board, and the administrator. The state auditor shall |
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159 | 159 | | prescribe the form and content of the report, subject to the |
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160 | 160 | | approval of the legislative audit committee. |
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161 | 161 | | SECTION 1.13. Sections 2102.0091(a), (c), and (d), |
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162 | 162 | | Government Code, are amended to read as follows: |
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163 | 163 | | (a) A state agency shall file with the division of the |
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164 | 164 | | governor's office responsible for budget and policy [Sunset |
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165 | 165 | | Advisory Commission, the Governor's Office of Budget, Planning, and |
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166 | 166 | | Policy], the state auditor, and the Legislative Budget Board a copy |
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167 | 167 | | of each report submitted to the state agency's governing board or |
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168 | 168 | | the administrator of the state agency if the state agency does not |
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169 | 169 | | have a governing board by the agency's internal auditor. |
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170 | 170 | | (c) In addition to the requirements of Subsection (a), a |
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171 | 171 | | state agency shall file with the division of the governor's office |
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172 | 172 | | responsible for budget and policy [Governor's Office of Budget, |
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173 | 173 | | Planning, and Policy], the state auditor, and the Legislative |
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174 | 174 | | Budget Board any action plan or other response issued by the state |
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175 | 175 | | agency's governing board or the administrator of the state agency |
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176 | 176 | | if the state agency does not have a governing board in response to |
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177 | 177 | | the report of the state agency's internal auditor. |
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178 | 178 | | (d) If the state agency does not file the report as required |
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179 | 179 | | by this section, the Legislative Budget Board or the division of the |
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180 | 180 | | governor's office responsible for budget and policy [Governor's |
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181 | 181 | | Office of Budget, Planning, and Policy] may take appropriate action |
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182 | 182 | | to compel the filing of the report. |
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183 | 183 | | SECTION 1.14. Section 2176.005(a), Government Code, is |
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184 | 184 | | amended to read as follows: |
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185 | 185 | | (a) A state agency in Travis County shall periodically send |
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186 | 186 | | to the governor [and the legislative budget office] a report of its |
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187 | 187 | | progress in achieving the objectives for and the revisions of mail |
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188 | 188 | | operations established under Section 2176.004, including an |
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189 | 189 | | analysis of savings projected from the resulting improvements in |
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190 | 190 | | managing mail. |
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191 | 191 | | SECTION 1.15. Sections 2205.039(a) and (b), Government |
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192 | 192 | | Code, are amended to read as follows: |
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193 | 193 | | (a) The [Legislative Budget Board, in cooperation with the] |
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194 | 194 | | department[,] shall prescribe: |
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195 | 195 | | (1) a travel log form for gathering information about |
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196 | 196 | | the use of state-operated aircraft; |
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197 | 197 | | (2) procedures to ensure that individuals who travel |
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198 | 198 | | as passengers on or operate state-operated aircraft provide in a |
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199 | 199 | | legible manner the information requested of them by the form; and |
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200 | 200 | | (3) procedures for each state agency that operates an |
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201 | 201 | | aircraft for sending the form to the department [and the |
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202 | 202 | | Legislative Budget Board]. |
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203 | 203 | | (b) The travel log form must request the following |
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204 | 204 | | information about a state-operated aircraft each time the aircraft |
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205 | 205 | | is flown: |
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206 | 206 | | (1) a mission statement, which may appear as a |
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207 | 207 | | selection to be identified from general categories appearing on the |
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208 | 208 | | form; |
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209 | 209 | | (2) the name, state agency represented, destination, |
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210 | 210 | | and signature of each person who is a passenger or crew member of |
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211 | 211 | | the aircraft; |
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212 | 212 | | (3) the date of each flight; |
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213 | 213 | | (4) a detailed and specific description of the |
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214 | 214 | | official business purpose of each flight; and |
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215 | 215 | | (5) other information determined by the [Legislative |
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216 | 216 | | Budget Board and the] department to be necessary to monitor the |
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217 | 217 | | proper use of the aircraft. |
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218 | 218 | | SECTION 1.16. The heading to Subchapter E, Chapter 386, |
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219 | 219 | | Health and Safety Code, is amended to read as follows: |
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220 | 220 | | SUBCHAPTER E. EVALUATION OF UTILITY COMMISSION [AND COMPTROLLER] |
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221 | 221 | | ENERGY EFFICIENCY PROGRAMS |
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222 | 222 | | SECTION 1.17. Section 386.205, Health and Safety Code, is |
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223 | 223 | | amended to read as follows: |
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224 | 224 | | Sec. 386.205. EVALUATION OF UTILITY COMMISSION [AND |
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225 | 225 | | COMPTROLLER] ENERGY EFFICIENCY PROGRAMS. In cooperation with the |
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226 | 226 | | laboratory, the utility commission shall provide an annual report |
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227 | 227 | | to the commission that, by county, quantifies the reductions of |
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228 | 228 | | energy demand, peak loads, and associated emissions of air |
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229 | 229 | | contaminants achieved [from programs implemented by the state |
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230 | 230 | | energy conservation office and] from programs implemented under |
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231 | 231 | | Section 39.905, Utilities Code. |
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232 | 232 | | SECTION 1.18. Section 388.006, Health and Safety Code, is |
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233 | 233 | | amended to read as follows: |
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234 | 234 | | Sec. 388.006. STATE ENERGY CONSERVATION OFFICE EVALUATION. |
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235 | 235 | | The State Energy Conservation Office annually shall provide the |
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236 | 236 | | [commission and the] laboratory with an evaluation of the |
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237 | 237 | | effectiveness of state and political subdivision energy efficiency |
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238 | 238 | | programs, including programs under this chapter. The laboratory |
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239 | 239 | | shall calculate, based on the evaluation and the forms submitted to |
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240 | 240 | | the office, the amount of energy savings and estimated reduction in |
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241 | 241 | | pollution achieved as a result of the implementation of programs. |
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242 | 242 | | The laboratory shall share the information with the commission, the |
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243 | 243 | | United States Environmental Protection Agency, and the Electric |
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244 | 244 | | Reliability Council of Texas to help with long-term forecasting and |
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245 | 245 | | in estimating pollution reduction. |
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246 | 246 | | SECTION 1.19. Section 533A.006(a), Health and Safety Code, |
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247 | 247 | | is amended to read as follows: |
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248 | 248 | | (a) The executive commissioner [department] shall report to |
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249 | 249 | | the Texas Medical Board any allegation received by the commission |
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250 | 250 | | [department] that a physician employed by or under contract with |
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251 | 251 | | the commission [department] in relation to services provided under |
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252 | 252 | | this title has committed an action that constitutes a ground for the |
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253 | 253 | | denial or revocation of the physician's license under Section |
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254 | 254 | | 164.051, Occupations Code. The report must be made in the manner |
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255 | 255 | | provided by Section 154.051, Occupations Code. |
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256 | 256 | | SECTION 1.20. Sections 555.102(c) and (d), Health and |
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257 | 257 | | Safety Code, are amended to read as follows: |
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258 | 258 | | (c) The inspector general shall deliver the summary report |
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259 | 259 | | to the: |
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260 | 260 | | (1) executive commissioner; |
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261 | 261 | | (2) [commissioner of the department; |
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262 | 262 | | [(3) commissioner of the Department of Family and |
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263 | 263 | | Protective Services; |
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264 | 264 | | [(4) Aging and Disability Services Council; |
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265 | 265 | | [(5)] governor; |
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266 | 266 | | (3) [(6)] lieutenant governor; |
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267 | 267 | | (4) [(7)] speaker of the house of representatives; |
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268 | 268 | | (5) [(8)] standing committees of the senate and house |
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269 | 269 | | of representatives with primary jurisdiction over centers; |
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270 | 270 | | (6) [(9)] state auditor; |
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271 | 271 | | (7) [(10) the] independent ombudsman and the |
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272 | 272 | | assistant ombudsman for the center involved in the report; and |
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273 | 273 | | (8) [(11) the] alleged victim or the alleged victim's |
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274 | 274 | | legally authorized representative. |
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275 | 275 | | (d) A summary report regarding an investigation is subject |
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276 | 276 | | to required disclosure under Chapter 552, Government Code. All |
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277 | 277 | | information and materials compiled by the inspector general in |
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278 | 278 | | connection with an investigation are confidential, and not subject |
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279 | 279 | | to disclosure under Chapter 552, Government Code, and not subject |
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280 | 280 | | to disclosure, discovery, subpoena, or other means of legal |
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281 | 281 | | compulsion for their release to anyone other than the inspector |
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282 | 282 | | general or the inspector general's employees or agents involved in |
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283 | 283 | | the investigation, except that this information may be disclosed to |
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284 | 284 | | [the Department of Family and Protective Services,] the office of |
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285 | 285 | | the attorney general, the state auditor's office, and law |
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286 | 286 | | enforcement agencies. |
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287 | 287 | | SECTION 1.21. Section 555.103(c), Health and Safety Code, |
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288 | 288 | | is amended to read as follows: |
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289 | 289 | | (c) The inspector general shall submit the annual status |
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290 | 290 | | report to the: |
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291 | 291 | | (1) executive commissioner; |
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292 | 292 | | (2) [commissioner of the department; |
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293 | 293 | | [(3) commissioner of the Department of Family and |
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294 | 294 | | Protective Services; |
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295 | 295 | | [(4) Aging and Disability Services Council; |
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296 | 296 | | [(5) Family and Protective Services Council; |
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297 | 297 | | [(6)] governor; |
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298 | 298 | | (3) [(7)] lieutenant governor; |
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299 | 299 | | (4) [(8)] speaker of the house of representatives; |
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300 | 300 | | (5) [(9)] standing committees of the senate and house |
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301 | 301 | | of representatives with primary jurisdiction over centers; |
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302 | 302 | | (6) [(10)] state auditor; and |
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303 | 303 | | (7) [(11)] comptroller. |
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304 | 304 | | SECTION 1.22. Section 574.014(a), Health and Safety Code, |
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305 | 305 | | is amended to read as follows: |
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306 | 306 | | (a) The clerk of each court with jurisdiction to order |
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307 | 307 | | commitment under this chapter shall provide the Office of Court |
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308 | 308 | | Administration each month with a report of the number of |
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309 | 309 | | applications for commitment orders for involuntary mental health |
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310 | 310 | | services filed with the court and the disposition of those cases, |
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311 | 311 | | including the number of commitment orders for inpatient and |
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312 | 312 | | outpatient mental health services. The Office of Court |
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313 | 313 | | Administration shall make the reported information available to the |
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314 | 314 | | Health and Human Services Commission [department] annually. |
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315 | 315 | | SECTION 1.23. Section 114.008(a), Human Resources Code, is |
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316 | 316 | | amended to read as follows: |
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317 | 317 | | (a) Not later than November 1 of each even-numbered year, |
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318 | 318 | | the council shall: |
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319 | 319 | | (1) prepare a report summarizing requirements the |
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320 | 320 | | council identifies and recommendations for providing additional or |
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321 | 321 | | improved services to persons with autism or other pervasive |
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322 | 322 | | developmental disorders; and |
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323 | 323 | | (2) deliver the report to [the executive |
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324 | 324 | | commissioner,] the governor, the lieutenant governor, and the |
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325 | 325 | | speaker of the house of representatives. |
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326 | 326 | | SECTION 1.24. Section 412.053(b), Labor Code, is amended to |
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327 | 327 | | read as follows: |
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328 | 328 | | (b) The information shall be reported not later than the |
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329 | 329 | | 60th day after [before] the last day of each fiscal year. |
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330 | 330 | | SECTION 1.25. Section 413.0515, Labor Code, is amended to |
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331 | 331 | | read as follows: |
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332 | 332 | | Sec. 413.0515. REPORTS OF PHYSICIAN AND CHIROPRACTOR |
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333 | 333 | | VIOLATIONS. (a) If the division or the Texas Medical [State] Board |
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334 | 334 | | [of Medical Examiners] discovers an act or omission by a physician |
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335 | 335 | | that may constitute a felony, a misdemeanor involving moral |
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336 | 336 | | turpitude, a violation of state or federal narcotics or controlled |
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337 | 337 | | substance law, an offense involving fraud or abuse under the |
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338 | 338 | | Medicare or Medicaid program, or a violation of this subtitle, the |
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339 | 339 | | discovering agency shall report in a widely used electronic format |
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340 | 340 | | that act or omission to the other agency. |
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341 | 341 | | (b) If the division or the Texas Board of Chiropractic |
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342 | 342 | | Examiners discovers an act or omission by a chiropractor that may |
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343 | 343 | | constitute a felony, a misdemeanor involving moral turpitude, a |
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344 | 344 | | violation of state or federal narcotics or controlled substance |
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345 | 345 | | law, an offense involving fraud or abuse under the Medicare or |
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346 | 346 | | Medicaid program, or a violation of this subtitle, the discovering |
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347 | 347 | | agency shall report in a widely used electronic format that act or |
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348 | 348 | | omission to the other agency. |
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349 | 349 | | SECTION 1.26. Section 161.2111, Natural Resources Code, is |
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350 | 350 | | amended to read as follows: |
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351 | 351 | | Sec. 161.2111. REPORT TO BOND REVIEW BOARD. When the |
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352 | 352 | | Veterans' Land Board applies under Subchapter C, Chapter 1231, |
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353 | 353 | | Government Code, for the Bond Review Board's approval of a bond |
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354 | 354 | | issuance, or on request of the Bond Review Board, with [With] |
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355 | 355 | | respect to purchases made under this chapter, the Veterans' Land |
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356 | 356 | | Board shall file [annually] with the Bond Review Board a report on |
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357 | 357 | | the performance of loans made by the Veterans' Land Board in |
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358 | 358 | | connection with the purchases. The Bond Review Board shall review |
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359 | 359 | | the reports filed by the Veterans' Land Board under this section to |
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360 | 360 | | assess the performance of loans made under this chapter. The filing |
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361 | 361 | | dates and the contents of the reports must comply with any rules |
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362 | 362 | | adopted by the Bond Review Board. |
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363 | 363 | | SECTION 1.27. Section 162.003(e), Natural Resources Code, |
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364 | 364 | | is amended to read as follows: |
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365 | 365 | | (e) When the Veterans' Land Board applies under Subchapter |
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366 | 366 | | C, Chapter 1231, Government Code, for the Bond Review Board's |
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367 | 367 | | approval of a bond issuance, or on request of the Bond Review Board, |
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368 | 368 | | with [With] respect to loans made under the program, the Veterans' |
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369 | 369 | | Land Board shall file [annually] with the Bond Review Board a report |
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370 | 370 | | on the performance of the loans. The Bond Review Board shall review |
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371 | 371 | | the reports filed by the Veterans' Land Board under this subsection |
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372 | 372 | | to assess the performance of loans made under the program. The |
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373 | 373 | | filing dates and the contents of the reports must comply with any |
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374 | 374 | | rules adopted by the Bond Review Board. |
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375 | 375 | | SECTION 1.28. Section 13.063, Utilities Code, is amended to |
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376 | 376 | | read as follows: |
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377 | 377 | | Sec. 13.063. ANNUAL REPORT [REPORTS]. [(b)] The office |
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378 | 378 | | shall prepare annually a report on the office's activities during |
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379 | 379 | | the preceding year and submit the report to the standing |
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380 | 380 | | legislative committees that have jurisdiction over the office, the |
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381 | 381 | | house appropriations committee, and the senate finance committee[, |
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382 | 382 | | and the Sunset Advisory Commission]. At a minimum, the report must |
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383 | 383 | | include: |
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384 | 384 | | (1) a list of the types of activities conducted by the |
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385 | 385 | | office and the time spent by the office on each activity; |
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386 | 386 | | (2) the number of hours billed by the office for |
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387 | 387 | | representing residential or small commercial consumers in |
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388 | 388 | | proceedings; |
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389 | 389 | | (3) the number of staff positions and the type of work |
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390 | 390 | | performed by each position; and |
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391 | 391 | | (4) the office's rate of success in representing |
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392 | 392 | | residential or small commercial consumers in appealing commission |
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393 | 393 | | decisions. |
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394 | 394 | | SECTION 1.29. Sections 27.0516(k) and (m), Water Code, are |
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395 | 395 | | amended to read as follows: |
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396 | 396 | | (k) Notwithstanding Subsection (h)(3), a general permit may |
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397 | 397 | | authorize the owner of an injection well authorized under |
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398 | 398 | | Subsection (f)(2) or (3) to continue operating the well for the |
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399 | 399 | | purpose of implementing the desalination or engineered aquifer |
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400 | 400 | | storage and recovery project following completion of the |
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401 | 401 | | small-scale research project, provided that: |
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402 | 402 | | (1) the injection well owner timely submits the |
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403 | 403 | | information collected as part of the research project, including |
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404 | 404 | | monitoring reports and information regarding the environmental |
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405 | 405 | | impact of the well, to the commission; |
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406 | 406 | | (2) the injection well owner, following the completion |
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407 | 407 | | of studies and monitoring adequate to characterize risks to the |
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408 | 408 | | fresh water portion of the Edwards Aquifer and other fresh water |
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409 | 409 | | associated with the continued operation of the well, and at least 90 |
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410 | 410 | | days before the date the owner initiates commercial well |
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411 | 411 | | operations, files with the commission a notice of intent to |
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412 | 412 | | continue operation of the well after completion of the research |
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413 | 413 | | project; and |
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414 | 414 | | (3) the commission, based on the studies and |
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415 | 415 | | monitoring[, the report provided by Texas State University--San |
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416 | 416 | | Marcos under Subsection (l)(2),] and any other reasonably available |
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417 | 417 | | information, determines that continued operation of the injection |
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418 | 418 | | well as described in the notice of intent does not pose an |
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419 | 419 | | unreasonable risk to the fresh water portion of the Edwards Aquifer |
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420 | 420 | | or other fresh water associated with the continued operation of the |
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421 | 421 | | well. |
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422 | 422 | | (m) The commission shall make the information provided by |
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423 | 423 | | the owner of the injection well under Subsection (k)(1) [and the |
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424 | 424 | | report provided by Texas State University--San Marcos under |
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425 | 425 | | Subsection (l)(2)] easily accessible to the public in a timely |
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426 | 426 | | manner. The permit may authorize the owner of the well to continue |
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427 | 427 | | operating the well following completion of the research project |
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428 | 428 | | pending the determination by the commission. |
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429 | 429 | | ARTICLE 2. CONFORMING AMENDMENTS REGARDING COLONIAS PROJECTS |
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430 | 430 | | ADMINISTERED BY STATE AGENCIES |
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431 | 431 | | SECTION 2.01. The heading to Section 51.0052, Education |
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432 | 432 | | Code, is amended to read as follows: |
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433 | 433 | | Sec. 51.0052. APPLICATION REQUIREMENT FOR COLONIAS |
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434 | 434 | | PROJECTS [REPORT TO SECRETARY OF STATE]. |
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435 | 435 | | SECTION 2.02. Section 51.0052(d), Education Code, is |
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436 | 436 | | amended to read as follows: |
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437 | 437 | | (d) Regarding any projects funded by an institution of |
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438 | 438 | | higher education that provide assistance to colonias, the [The] |
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439 | 439 | | institution of higher education shall require an applicant for the |
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440 | 440 | | funds [administered by the institution] to submit to the |
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441 | 441 | | institution a colonia classification number, if one exists, for |
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442 | 442 | | each colonia that may be served by the project proposed in the |
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443 | 443 | | application. If a colonia does not have a classification number, |
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444 | 444 | | the institution of higher education may contact the secretary of |
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445 | 445 | | state or the secretary of state's representative to obtain the |
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446 | 446 | | classification number. On request of the institution, the |
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447 | 447 | | secretary of state or the secretary of state's representative shall |
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448 | 448 | | assign a classification number to the colonia. |
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449 | 449 | | SECTION 2.03. The heading to Section 487.060, Government |
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450 | 450 | | Code, is amended to read as follows: |
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451 | 451 | | Sec. 487.060. APPLICATION REQUIREMENT FOR COLONIAS |
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452 | 452 | | PROJECTS [REPORT TO SECRETARY OF STATE]. |
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453 | 453 | | SECTION 2.04. Section 487.060(d), Government Code, is |
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454 | 454 | | amended to read as follows: |
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455 | 455 | | (d) Regarding any projects funded by the department that |
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456 | 456 | | serve colonias by providing water or wastewater services, paved |
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457 | 457 | | roads, or other assistance, the [The] department shall require an |
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458 | 458 | | applicant for the funds [administered by the department] to submit |
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459 | 459 | | to the department a colonia classification number, if one exists, |
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460 | 460 | | for each colonia that may be served by the project proposed in the |
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461 | 461 | | application. If a colonia does not have a classification number, |
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462 | 462 | | the department may contact the secretary of state or the secretary |
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463 | 463 | | of state's representative to obtain a number. On request of the |
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464 | 464 | | department, the secretary of state or the secretary of state's |
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465 | 465 | | representative shall assign a classification number. |
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466 | 466 | | SECTION 2.05. The heading to Section 531.0141, Government |
---|
467 | 467 | | Code, is amended to read as follows: |
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468 | 468 | | Sec. 531.0141. APPLICATION REQUIREMENT FOR COLONIAS |
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469 | 469 | | PROJECTS [REPORT TO SECRETARY OF STATE]. |
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470 | 470 | | SECTION 2.06. Section 531.0141(d), Government Code, is |
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471 | 471 | | amended to read as follows: |
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472 | 472 | | (d) Regarding any projects funded by the commission that |
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473 | 473 | | provide assistance to colonias, the [The] commission shall require |
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474 | 474 | | an applicant for the funds [administered by the commission] to |
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475 | 475 | | submit to the commission a colonia classification number, if one |
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476 | 476 | | exists, for each colonia that may be served by the project proposed |
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477 | 477 | | in the application. If a colonia does not have a classification |
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478 | 478 | | number, the commission may contact the secretary of state or the |
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479 | 479 | | secretary of state's representative to obtain the classification |
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480 | 480 | | number. On request of the commission, the secretary of state or the |
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481 | 481 | | secretary of state's representative shall assign a classification |
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482 | 482 | | number to the colonia. |
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483 | 483 | | SECTION 2.07. The heading to Section 2306.083, Government |
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484 | 484 | | Code, is amended to read as follows: |
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485 | 485 | | Sec. 2306.083. APPLICATION REQUIREMENT FOR COLONIAS |
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486 | 486 | | PROJECTS [REPORT TO SECRETARY OF STATE]. |
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487 | 487 | | SECTION 2.08. Section 2306.083(d), Government Code, is |
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488 | 488 | | amended to read as follows: |
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489 | 489 | | (d) Regarding any projects funded by the department that |
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490 | 490 | | provide assistance to colonias, the [The] department shall require |
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491 | 491 | | an applicant for the funds [administered by the department] to |
---|
492 | 492 | | submit to the department a colonia classification number, if one |
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493 | 493 | | exists, for each colonia that may be served by the project proposed |
---|
494 | 494 | | in the application. If a colonia does not have a classification |
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495 | 495 | | number, the department may contact the secretary of state or the |
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496 | 496 | | secretary of state's representative to obtain the classification |
---|
497 | 497 | | number. On request of the department, the secretary of state or the |
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498 | 498 | | secretary of state's representative shall assign a classification |
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499 | 499 | | number to the colonia. |
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500 | 500 | | SECTION 2.09. The heading to Section 1001.033, Health and |
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501 | 501 | | Safety Code, is amended to read as follows: |
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502 | 502 | | Sec. 1001.033. APPLICATION REQUIREMENT FOR COLONIAS |
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503 | 503 | | PROJECTS [REPORT TO SECRETARY OF STATE]. |
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504 | 504 | | SECTION 2.10. Section 1001.033(d), Health and Safety Code, |
---|
505 | 505 | | is amended to read as follows: |
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506 | 506 | | (d) Regarding any projects funded by the commission that |
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507 | 507 | | provide assistance to colonias, the [The] commission shall require |
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508 | 508 | | an applicant for the funds [administered by the commission] to |
---|
509 | 509 | | submit to the commission a colonia classification number, if one |
---|
510 | 510 | | exists, for each colonia that may be served by the project proposed |
---|
511 | 511 | | in the application. If a colonia does not have a classification |
---|
512 | 512 | | number, the commission may contact the secretary of state or the |
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513 | 513 | | secretary of state's representative to obtain the classification |
---|
514 | 514 | | number. On request of the commission, the secretary of state or the |
---|
515 | 515 | | secretary of state's representative shall assign a classification |
---|
516 | 516 | | number to the colonia. |
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517 | 517 | | SECTION 2.11. The heading to Section 201.116, |
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518 | 518 | | Transportation Code, is amended to read as follows: |
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519 | 519 | | Sec. 201.116. APPLICATION REQUIREMENT FOR COLONIAS |
---|
520 | 520 | | PROJECTS [REPORT TO SECRETARY OF STATE]. |
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521 | 521 | | SECTION 2.12. Section 201.116(d), Transportation Code, is |
---|
522 | 522 | | amended to read as follows: |
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523 | 523 | | (d) Regarding any projects funded by the commission that |
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524 | 524 | | serve colonias by providing paved roads or other assistance, the |
---|
525 | 525 | | [The] commission shall require an applicant for the funds |
---|
526 | 526 | | [administered by the commission] to submit to the commission a |
---|
527 | 527 | | colonia classification number, if one exists, for each colonia that |
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528 | 528 | | may be served by the project proposed in the application. If a |
---|
529 | 529 | | colonia does not have a classification number, the commission may |
---|
530 | 530 | | contact the secretary of state or the secretary of state's |
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531 | 531 | | representative to obtain the classification number. On request of |
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532 | 532 | | the commission, the secretary of state or the secretary of state's |
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533 | 533 | | representative shall assign a classification number to the colonia. |
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534 | 534 | | SECTION 2.13. The heading to Section 5.1781, Water Code, is |
---|
535 | 535 | | amended to read as follows: |
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536 | 536 | | Sec. 5.1781. APPLICATION REQUIREMENT FOR COLONIAS PROJECTS |
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537 | 537 | | [REPORT TO SECRETARY OF STATE]. |
---|
538 | 538 | | SECTION 2.14. Section 5.1781(d), Water Code, is amended to |
---|
539 | 539 | | read as follows: |
---|
540 | 540 | | (d) Regarding any projects funded by the commission that |
---|
541 | 541 | | provide assistance to colonias, the [The] commission shall require |
---|
542 | 542 | | an applicant for the funds [administered by the commission] to |
---|
543 | 543 | | submit to the commission a colonia classification number, if one |
---|
544 | 544 | | exists, for each colonia that may be served by the project proposed |
---|
545 | 545 | | in the application. If a colonia does not have a classification |
---|
546 | 546 | | number, the commission may contact the secretary of state or the |
---|
547 | 547 | | secretary of state's representative to obtain the classification |
---|
548 | 548 | | number. On request of the commission, the secretary of state or the |
---|
549 | 549 | | secretary of state's representative shall assign a classification |
---|
550 | 550 | | number to the colonia. |
---|
551 | 551 | | SECTION 2.15. The heading to Section 6.1565, Water Code, is |
---|
552 | 552 | | amended to read as follows: |
---|
553 | 553 | | Sec. 6.1565. APPLICATION REQUIREMENT FOR COLONIAS PROJECTS |
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554 | 554 | | [REPORT TO SECRETARY OF STATE]. |
---|
555 | 555 | | SECTION 2.16. Section 6.1565(d), Water Code, is amended to |
---|
556 | 556 | | read as follows: |
---|
557 | 557 | | (d) Regarding any projects funded by the board that serve |
---|
558 | 558 | | colonias by providing water or wastewater services or other |
---|
559 | 559 | | assistance, the [The] board shall require an applicant for the |
---|
560 | 560 | | funds [administered by the board] to submit to the board a colonia |
---|
561 | 561 | | classification number, if one exists, for each colonia that may be |
---|
562 | 562 | | served by the project proposed in the application. If a colonia |
---|
563 | 563 | | does not have a classification number, the board may contact the |
---|
564 | 564 | | secretary of state or the secretary of state's representative to |
---|
565 | 565 | | obtain the classification number. On request of the board, the |
---|
566 | 566 | | secretary of state or the secretary of state's representative shall |
---|
567 | 567 | | assign a classification number to the colonia. |
---|
568 | 568 | | ARTICLE 3. REPEALER AND EFFECTIVE DATE |
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569 | 569 | | SECTION 3.01. The following provisions are repealed: |
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570 | 570 | | (1) Sections 51.0052(b) and (c) and 61.506(g), |
---|
571 | 571 | | Education Code; |
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572 | 572 | | (2) Sections 487.060(b) and (c), 531.0141(b) and (c), |
---|
573 | 573 | | 2206.101(d), 2306.070, and 2306.083(b) and (c), Government Code; |
---|
574 | 574 | | (3) Sections 361.0215(d), 533.006, and 1001.033(b) |
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575 | 575 | | and (c), Health and Safety Code; |
---|
576 | 576 | | (4) Section 22.0252(b), Human Resources Code; |
---|
577 | 577 | | (5) Sections 201.116(b) and (c), Transportation Code; |
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578 | 578 | | and |
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579 | 579 | | (6) Sections 5.1781(b) and (c), 6.1565(b) and (c), |
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580 | 580 | | 26.3574(x), and 27.0516(l), Water Code. |
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581 | 581 | | SECTION 3.02. This Act takes effect September 1, 2019. |
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