Texas 2019 - 86th Regular

Texas House Bill HB4170 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4170
	1	+	86R24171 MTB-D
	2	+	By: Leach H.B. No. 4170
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to nonsubstantive additions to, revisions of, and
6	8		corrections in enacted codes, to the nonsubstantive codification or
7	9		disposition of various laws omitted from enacted codes, and to
8	10		conforming codifications enacted by the 85th Legislature to other
9	11		Acts of that legislature.
10	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	13		ARTICLE 1. GENERAL PROVISIONS
12	14		SECTION 1.001. This Act is enacted as part of the state's
13	15		continuing statutory revision program under Chapter 323,
14	16		Government Code. This Act is a revision for purposes of Section 43,
15	17		Article III, Texas Constitution, and has the purposes of:
16	18		(1) codifying without substantive change or providing
17	19		for other appropriate disposition of various statutes that were
18	20		omitted from enacted codes;
19	21		(2) conforming codifications enacted by the 85th
20	22		Legislature to other Acts of that legislature that amended the laws
21	23		codified or added new law to subject matter codified;
22	24		(3) revising without substantive change provisions in
23	25		enacted codes;
24	26		(4) making necessary corrections to enacted codes; and
25	27		(5) renumbering or otherwise redesignating titles,
26	28		chapters, and sections of codes that duplicate title, chapter, or
27	29		section designations.
28	30		SECTION 1.002. (a) The repeal of a statute by this Act does
29	31		not affect an amendment, revision, or reenactment of the statute by
30	32		the 86th Legislature, Regular Session, 2019. The amendment,
31	33		revision, or reenactment is preserved and given effect as part of
32	34		the code provision that revised the statute so amended, revised, or
33	35		reenacted.
34	36		(b) If any provision of this Act conflicts with a statute
35	37		enacted by the 86th Legislature, Regular Session, 2019, the statute
36	38		controls.
37	39		SECTION 1.003. (a) A transition or saving provision of a
38	40		law codified by this Act applies to the codified law to the same
39	41		extent as it applied to the original law.
40	42		(b) The repeal of a transition or saving provision by this
41	43		Act does not affect the application of the provision to the codified
42	44		law.
43	45		(c) In this section, "transition provision" includes any
44	46		temporary provision providing for a special situation in the
45	47		transition period between the existing law and the establishment or
46	48		implementation of the new law.
47	49		SECTION 1.004. (a) The repeal of a law, including a
48	50		validating law, by this Act does not remove, void, or otherwise
49	51		affect in any manner a validation under the repealed law. The
50	52		validation is preserved and continues to have the same effect that
51	53		it would have if the law were not repealed.
52	54		(b) Subsection (a) of this section does not diminish the
53	55		saving provisions prescribed by Section 311.031, Government Code.
54	56		ARTICLE 2. CHANGES RELATING TO AGRICULTURE CODE
55	57		SECTION 2.001. Chapter 77, Agriculture Code, is amended to
56	58		conform to Section 9, Chapter 755 (S.B. 1731), Acts of the 85th
57	59		Legislature, Regular Session, 2017, to read as follows:
58	60		CHAPTER 77. FIRE ANT CONTROL
59	61		[SUBCHAPTER A. ERADICATION PROGRAM]
60	62		Sec. 77.001. COMMISSIONERS COURT MAY ESTABLISH PROGRAM.
61	63		The commissioners court of any county may establish, implement, and
62	64		conduct a program for the eradication or control of the imported
63	65		fire ant.
64	66		Sec. 77.002. COORDINATION WITH OTHER PROGRAMS. The program
65	67		established under this chapter may be conducted independently of or
66	68		in conjunction with any related program conducted and financed by
67	69		private or other public entities.
68	70		Sec. 77.003. COST OF PROGRAM. The commissioners court may
69	71		expend any available county funds to pay for all or its share of the
70	72		cost of a program established under this chapter, including funds
71	73		derived from taxation under the 80-cent limitation of Article VIII,
72	74		Section 9, of the Texas Constitution.
73	75		[SUBCHAPTER B. BASIC RESEARCH PROGRAM]
74	76		ARTICLE 3. CHANGES RELATING TO BUSINESS & COMMERCE CODE
75	77		SECTION 3.001. Section 17.46(b), Business & Commerce Code,
76	78		as amended by Chapters 324 (S.B. 1488), 858 (H.B. 2552), and 967
77	79		(S.B. 2065), Acts of the 85th Legislature, Regular Session, 2017,
78	80		is reenacted and amended to read as follows:
79	81		(b) Except as provided in Subsection (d) of this section,
80	82		the term "false, misleading, or deceptive acts or practices"
81	83		includes, but is not limited to, the following acts:
82	84		(1) passing off goods or services as those of another;
83	85		(2) causing confusion or misunderstanding as to the
84	86		source, sponsorship, approval, or certification of goods or
85	87		services;
86	88		(3) causing confusion or misunderstanding as to
87	89		affiliation, connection, or association with, or certification by,
88	90		another;
89	91		(4) using deceptive representations or designations
90	92		of geographic origin in connection with goods or services;
91	93		(5) representing that goods or services have
92	94		sponsorship, approval, characteristics, ingredients, uses,
93	95		benefits, or quantities which they do not have or that a person has
94	96		a sponsorship, approval, status, affiliation, or connection which
95	97		the person does not;
96	98		(6) representing that goods are original or new if
97	99		they are deteriorated, reconditioned, reclaimed, used, or
98	100		secondhand;
99	101		(7) representing that goods or services are of a
100	102		particular standard, quality, or grade, or that goods are of a
101	103		particular style or model, if they are of another;
102	104		(8) disparaging the goods, services, or business of
103	105		another by false or misleading representation of facts;
104	106		(9) advertising goods or services with intent not to
105	107		sell them as advertised;
106	108		(10) advertising goods or services with intent not to
107	109		supply a reasonable expectable public demand, unless the
108	110		advertisements disclosed a limitation of quantity;
109	111		(11) making false or misleading statements of fact
110	112		concerning the reasons for, existence of, or amount of price
111	113		reductions;
112	114		(12) representing that an agreement confers or
113	115		involves rights, remedies, or obligations which it does not have or
114	116		involve, or which are prohibited by law;
115	117		(13) knowingly making false or misleading statements
116	118		of fact concerning the need for parts, replacement, or repair
117	119		service;
118	120		(14) misrepresenting the authority of a salesman,
119	121		representative or agent to negotiate the final terms of a consumer
120	122		transaction;
121	123		(15) basing a charge for the repair of any item in
122	124		whole or in part on a guaranty or warranty instead of on the value of
123	125		the actual repairs made or work to be performed on the item without
124	126		stating separately the charges for the work and the charge for the
125	127		warranty or guaranty, if any;
126	128		(16) disconnecting, turning back, or resetting the
127	129		odometer of any motor vehicle so as to reduce the number of miles
128	130		indicated on the odometer gauge;
129	131		(17) advertising of any sale by fraudulently
130	132		representing that a person is going out of business;
131	133		(18) advertising, selling, or distributing a card
132	134		which purports to be a prescription drug identification card issued
133	135		under Section 4151.152, Insurance Code, in accordance with rules
134	136		adopted by the commissioner of insurance, which offers a discount
135	137		on the purchase of health care goods or services from a third party
136	138		provider, and which is not evidence of insurance coverage, unless:
137	139		(A) the discount is authorized under an agreement
138	140		between the seller of the card and the provider of those goods and
139	141		services or the discount or card is offered to members of the
140	142		seller;
141	143		(B) the seller does not represent that the card
142	144		provides insurance coverage of any kind; and
143	145		(C) the discount is not false, misleading, or
144	146		deceptive;
145	147		(19) using or employing a chain referral sales plan in
146	148		connection with the sale or offer to sell of goods, merchandise, or
147	149		anything of value, which uses the sales technique, plan,
148	150		arrangement, or agreement in which the buyer or prospective buyer
149	151		is offered the opportunity to purchase merchandise or goods and in
150	152		connection with the purchase receives the seller's promise or
151	153		representation that the buyer shall have the right to receive
152	154		compensation or consideration in any form for furnishing to the
153	155		seller the names of other prospective buyers if receipt of the
154	156		compensation or consideration is contingent upon the occurrence of
155	157		an event subsequent to the time the buyer purchases the merchandise
156	158		or goods;
157	159		(20) representing that a guaranty or warranty confers
158	160		or involves rights or remedies which it does not have or involve,
159	161		provided, however, that nothing in this subchapter shall be
160	162		construed to expand the implied warranty of merchantability as
161	163		defined in Sections 2.314 through 2.318 and Sections 2A.212 through
162	164		2A.216 to involve obligations in excess of those which are
163	165		appropriate to the goods;
164	166		(21) promoting a pyramid promotional scheme, as
165	167		defined by Section 17.461;
166	168		(22) representing that work or services have been
167	169		performed on, or parts replaced in, goods when the work or services
168	170		were not performed or the parts replaced;
169	171		(23) filing suit founded upon a written contractual
170	172		obligation of and signed by the defendant to pay money arising out
171	173		of or based on a consumer transaction for goods, services, loans, or
172	174		extensions of credit intended primarily for personal, family,
173	175		household, or agricultural use in any county other than in the
174	176		county in which the defendant resides at the time of the
175	177		commencement of the action or in the county in which the defendant
176	178		in fact signed the contract; provided, however, that a violation of
177	179		this subsection shall not occur where it is shown by the person
178	180		filing such suit that the person neither knew or had reason to know
179	181		that the county in which such suit was filed was neither the county
180	182		in which the defendant resides at the commencement of the suit nor
181	183		the county in which the defendant in fact signed the contract;
182	184		(24) failing to disclose information concerning goods
183	185		or services which was known at the time of the transaction if such
184	186		failure to disclose such information was intended to induce the
185	187		consumer into a transaction into which the consumer would not have
186	188		entered had the information been disclosed;
187	189		(25) using the term "corporation," "incorporated," or
188	190		an abbreviation of either of those terms in the name of a business
189	191		entity that is not incorporated under the laws of this state or
190	192		another jurisdiction;
191	193		(26) selling, offering to sell, or illegally promoting
192	194		an annuity contract under Chapter 22, Acts of the 57th Legislature,
193	195		3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil
194	196		Statutes), with the intent that the annuity contract will be the
195	197		subject of a salary reduction agreement, as defined by that Act, if
196	198		the annuity contract is not an eligible qualified investment under
197	199		that Act or is not registered with the Teacher Retirement System of
198	200		Texas as required by Section 8A of that Act;
199	201		(27) taking advantage of a disaster declared by the
200	202		governor under Chapter 418, Government Code, by:
201	203		(A) selling or leasing fuel, food, medicine, or
202	204		another necessity at an exorbitant or excessive price; or
203	205		(B) demanding an exorbitant or excessive price in
204	206		connection with the sale or lease of fuel, food, medicine, or
205	207		another necessity;
206	208		(28) using the translation into a foreign language of
207	209		a title or other word, including "attorney," "immigration
208	210		consultant," "immigration expert," "lawyer," "licensed," "notary,"
209	211		and "notary public," in any written or electronic material,
210	212		including an advertisement, a business card, a letterhead,
211	213		stationery, a website, or an online video, in reference to a person
212	214		who is not an attorney in order to imply that the person is
213	215		authorized to practice law in the United States;
214	216		(29) delivering or distributing a solicitation in
215	217		connection with a good or service that:
216	218		(A) represents that the solicitation is sent on
217	219		behalf of a governmental entity when it is not; or
218	220		(B) resembles a governmental notice or form that
219	221		represents or implies that a criminal penalty may be imposed if the
220	222		recipient does not remit payment for the good or service;
221	223		(30) delivering or distributing a solicitation in
222	224		connection with a good or service that resembles a check or other
223	225		negotiable instrument or invoice, unless the portion of the
224	226		solicitation that resembles a check or other negotiable instrument
225	227		or invoice includes the following notice, clearly and conspicuously
226	228		printed in at least 18-point type:
227	229		"SPECIMEN-NON-NEGOTIABLE";
228	230		(31) in the production, sale, distribution, or
229	231		promotion of a synthetic substance that produces and is intended to
230	232		produce an effect when consumed or ingested similar to, or in excess
231	233		of, the effect of a controlled substance or controlled substance
232	234		analogue, as those terms are defined by Section 481.002, Health and
233	235		Safety Code:
234	236		(A) making a deceptive representation or
235	237		designation about the synthetic substance; or
236	238		(B) causing confusion or misunderstanding as to
237	239		the effects the synthetic substance causes when consumed or
238	240		ingested;
239	241		(32) a licensed public insurance adjuster directly or
240	242		indirectly soliciting employment, as defined by Section 38.01,
241	243		Penal Code, for an attorney, or a licensed public insurance
242	244		adjuster entering into a contract with an insured for the primary
243	245		purpose of referring the insured to an attorney without the intent
244	246		to actually perform the services customarily provided by a licensed
245	247		public insurance adjuster, provided that this subdivision may not
246	248		be construed to prohibit a licensed public insurance adjuster from
247	249		recommending a particular attorney to an insured; [or]
248	250		(33) owning, operating, maintaining, or advertising a
249	251		massage establishment, as defined by Section 455.001, Occupations
250	252		Code, that:
251	253		(A) is not appropriately licensed under Chapter
252	254		455, Occupations Code, or is not in compliance with the applicable
253	255		licensing and other requirements of that chapter; or
254	256		(B) is not in compliance with an applicable local
255	257		ordinance relating to the licensing or regulation of massage
256	258		establishments; or
257	259		(34) [(33)] a warrantor of a vehicle protection
258	260		product warranty using, in connection with the product, a name that
259	261		includes "casualty," "surety," "insurance," "mutual," or any other
260	262		word descriptive of an insurance business, including property or
261	263		casualty insurance, or a surety business.
262	264		ARTICLE 4. CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE
263	265		SECTION 4.001. Article 5.07, Code of Criminal Procedure, is
264	266		transferred to Chapter 13, Code of Criminal Procedure, and
265	267		redesignated as Article 13.38, Code of Criminal Procedure.
266	268		SECTION 4.002. Article 5.08, Code of Criminal Procedure, is
267	269		amended to conform to the amendment of Article 42A.301, Code of
268	270		Criminal Procedure, by Chapter 109 (S.B. 1584), Acts of the 85th
269	271		Legislature, Regular Session, 2017, to read as follows:
270	272		Art. 5.08. MEDIATION IN FAMILY VIOLENCE CASES.
271	273		Notwithstanding Article 26.13(g) or 42A.301(b)(15) [42A.301(15)],
272	274		in a criminal prosecution arising from family violence, as that
273	275		term is defined by Section 71.004, Family Code, a court shall not
274	276		refer or order the victim or the defendant involved to mediation,
275	277		dispute resolution, arbitration, or other similar procedures.
276	278		SECTION 4.003. Article 16.22(a), Code of Criminal
277	279		Procedure, as amended by Chapters 748 (S.B. 1326) and 950 (S.B.
278	280		1849), Acts of the 85th Legislature, Regular Session, 2017, is
279	281		reenacted to read as follows:
280	282		(a)(1) Not later than 12 hours after the sheriff or
281	283		municipal jailer having custody of a defendant for an offense
282	284		punishable as a Class B misdemeanor or any higher category of
283	285		offense receives credible information that may establish
284	286		reasonable cause to believe that the defendant has a mental illness
285	287		or is a person with an intellectual disability, the sheriff or
286	288		municipal jailer shall provide written or electronic notice to the
287	289		magistrate. The notice must include any information related to the
288	290		sheriff's or municipal jailer's determination, such as information
289	291		regarding the defendant's behavior immediately before, during, and
290	292		after the defendant's arrest and, if applicable, the results of any
291	293		previous assessment of the defendant. On a determination that
292	294		there is reasonable cause to believe that the defendant has a mental
293	295		illness or is a person with an intellectual disability, the
294	296		magistrate, except as provided by Subdivision (2), shall order the
295	297		local mental health authority, local intellectual and
296	298		developmental disability authority, or another qualified mental
297	299		health or intellectual disability expert to:
298	300		(A) collect information regarding whether the
299	301		defendant has a mental illness as defined by Section 571.003,
300	302		Health and Safety Code, or is a person with an intellectual
301	303		disability as defined by Section 591.003, Health and Safety Code,
302	304		including, if applicable, information obtained from any previous
303	305		assessment of the defendant and information regarding any
304	306		previously recommended treatment; and
305	307		(B) provide to the magistrate a written
306	308		assessment of the information collected under Paragraph (A) on the
307	309		form approved by the Texas Correctional Office on Offenders with
308	310		Medical or Mental Impairments under Section 614.0032(b), Health and
309	311		Safety Code.
310	312		(2) The magistrate is not required to order the
311	313		collection of information under Subdivision (1) if the defendant in
312	314		the year preceding the defendant's applicable date of arrest has
313	315		been determined to have a mental illness or to be a person with an
314	316		intellectual disability by the local mental health authority, local
315	317		intellectual and developmental disability authority, or another
316	318		mental health or intellectual disability expert described by
317	319		Subdivision (1). A court that elects to use the results of that
318	320		previous determination may proceed under Subsection (c).
319	321		(3) If the defendant fails or refuses to submit to the
320	322		collection of information regarding the defendant as required under
321	323		Subdivision (1), the magistrate may order the defendant to submit
322	324		to an examination in a jail or in another place determined to be
323	325		appropriate by the local mental health authority or local
324	326		intellectual and developmental disability authority for a
325	327		reasonable period not to exceed 72 hours. If applicable, the county
326	328		in which the committing court is located shall reimburse the local
327	329		mental health authority or local intellectual and developmental
328	330		disability authority for the mileage and per diem expenses of the
329	331		personnel required to transport the defendant, calculated in
330	332		accordance with the state travel regulations in effect at the time.
331	333		SECTION 4.004. Articles 18.01(c), (d), (e), (g), (h), and
332	334		(j), Code of Criminal Procedure, are amended to correct references
333	335		to read as follows:
334	336		(c) A search warrant may not be issued under Article
335	337		18.02(a)(10) [18.02(10)] unless the sworn affidavit required by
336	338		Subsection (b) sets forth sufficient facts to establish probable
337	339		cause: (1) that a specific offense has been committed, (2) that the
338	340		specifically described property or items that are to be searched
339	341		for or seized constitute evidence of that offense or evidence that a
340	342		particular person committed that offense, and (3) that the property
341	343		or items constituting evidence to be searched for or seized are
342	344		located at or on the particular person, place, or thing to be
343	345		searched. Except as provided by Subsections (d), (i), and (j), only
344	346		a judge of a municipal court of record or a county court who is an
345	347		attorney licensed by the State of Texas, a statutory county court
346	348		judge, a district court judge, a judge of the Court of Criminal
347	349		Appeals, including the presiding judge, a justice of the Supreme
348	350		Court of Texas, including the chief justice, or a magistrate with
349	351		jurisdiction over criminal cases serving a district court may issue
350	352		warrants under Article 18.02(a)(10) [18.02(10)].
351	353		(d) Only the specifically described property or items set
352	354		forth in a search warrant issued under [Subdivision (10) of]
353	355		Article 18.02(a)(10) [18.02 of this code] or property, items or
354	356		contraband enumerated in [Subdivisions (1) through (9) or in
355	357		Subdivision (12) of] Article 18.02(a)(1), (2), (3), (4), (5), (6),
356	358		(7), (8), (9), or (12) [18.02 of this code] may be seized. A
357	359		subsequent search warrant may be issued pursuant to [Subdivision
358	360		(10) of] Article 18.02(a)(10) [18.02 of this code] to search the
359	361		same person, place, or thing subjected to a prior search under
360	362		[Subdivision (10) of] Article 18.02(a)(10) [18.02 of this code]
361	363		only if the subsequent search warrant is issued by a judge of a
362	364		district court, a court of appeals, the court of criminal appeals,
363	365		or the supreme court.
364	366		(e) A search warrant may not be issued under [Subdivision
365	367		(10) of] Article 18.02(a)(10) [18.02 of this code] to search for and
366	368		seize property or items that are not described in Article
367	369		18.02(a)(1), (2), (3), (4), (5), (6), (7), (8), or [Subdivisions
368	370		(1) through] (9) [of that article] and that are located in an office
369	371		of a newspaper, news magazine, television station, or radio
370	372		station, and in no event may property or items not described in
371	373		Article 18.02(a)(1), (2), (3), (4), (5), (6), (7), (8), or
372	374		[Subdivisions (1) through] (9) [of that article] be legally seized
373	375		in any search pursuant to a search warrant of an office of a
374	376		newspaper, news magazine, television station, or radio station.
375	377		(g) A search warrant may not be issued under [Subdivision
376	378		(12),] Article 18.02(a)(12) [18.02, of this code] unless the sworn
377	379		affidavit required by Subsection (b) of this article sets forth
378	380		sufficient facts to establish probable cause that a specific felony
379	381		offense has been committed and that the specifically described
380	382		property or items that are to be searched for or seized constitute
381	383		contraband as defined in Article 59.01 of this code and are located
382	384		at or on the particular person, place, or thing to be searched.
383	385		(h) Except as provided by Subsection (i) of this article, a
384	386		warrant under [Subdivision (12),] Article 18.02(a)(12) [18.02 of
385	387		this code] may only be issued by:
386	388		(1) a judge of a municipal court of record who is an
387	389		attorney licensed by the state;
388	390		(2) a judge of a county court who is an attorney
389	391		licensed by the state; or
390	392		(3) a judge of a statutory county court, district
391	393		court, the court of criminal appeals, or the supreme court.
392	394		(j) Any magistrate who is an attorney licensed by this state
393	395		may issue a search warrant under Article 18.02(a)(10) [18.02(10)]
394	396		to collect a blood specimen from a person who:
395	397		(1) is arrested for an offense under Section 49.04,
396	398		49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code; and
397	399		(2) refuses to submit to a breath or blood alcohol
398	400		test.
399	401		SECTION 4.005. Article 18.065(a), Code of Criminal
400	402		Procedure, is amended to correct a reference to read as follows:
401	403		(a) A warrant issued by the judge of a district court under
402	404		Article 18.02(a)(10) [18.02(10)] to collect a DNA specimen from a
403	405		person for the purpose of connecting that person to an offense may
404	406		be executed in any county in this state.
405	407		SECTION 4.006. Articles 42A.651(a) and (c), Code of
406	408		Criminal Procedure, are amended to conform to the amendment of
407	409		Article 42A.301, Code of Criminal Procedure, by Chapter 109 (S.B.
408	410		1584), Acts of the 85th Legislature, Regular Session, 2017, to read
409	411		as follows:
410	412		(a) A judge may not order a defendant to make a payment as a
411	413		term or condition of community supervision, except for:
412	414		(1) the payment of fines, court costs, or restitution
413	415		to the victim;
414	416		(2) reimbursement of a county as described by Article
415	417		42A.301(b)(11) [42A.301(11)]; or
416	418		(3) a payment ordered as a condition that relates
417	419		personally to the rehabilitation of the defendant or that is
418	420		otherwise expressly authorized by law.
419	421		(c) A judge may not impose a condition of community
420	422		supervision requiring a defendant to reimburse a county for the
421	423		costs of legal services as described by Article 42A.301(b)(11)
422	424		[42A.301(11)] if the defendant has already satisfied that
423	425		obligation under Article 26.05(g).
424	426		SECTION 4.007. Article 42A.751(i), Code of Criminal
425	427		Procedure, is amended to conform to the amendment of Article
426	428		42A.301, Code of Criminal Procedure, by Chapter 109 (S.B. 1584),
427	429		Acts of the 85th Legislature, Regular Session, 2017, to read as
428	430		follows:
429	431		(i) In a revocation hearing at which it is alleged only that
430	432		the defendant violated the conditions of community supervision by
431	433		failing to pay community supervision fees or court costs or by
432	434		failing to pay the costs of legal services as described by Article
433	435		42A.301(b)(11) [42A.301(11)], the state must prove by a
434	436		preponderance of the evidence that the defendant was able to pay and
435	437		did not pay as ordered by the judge.
436	438		SECTION 4.008. Article 42A.756, Code of Criminal Procedure,
437	439		is amended to more accurately reflect the source law from which it
438	440		was derived to read as follows:
439	441		Art. 42A.756. DUE DILIGENCE DEFENSE. For the purposes of a
440	442		hearing under Article 42A.751(d), it is an affirmative defense to
441	443		revocation for an alleged violation based on a failure to report to
442	444		a supervision officer as directed or to remain within a specified
443	445		place that no supervision officer, peace officer, or other officer
444	446		with the power of arrest under a warrant issued by a judge for that
445	447		alleged violation contacted or attempted to contact the defendant
446	448		in person at the defendant's last known residence address or last
447	449		known employment address, as reflected in the files of the
448	450		department serving the county in which the order of [deferred
449	451		adjudication] community supervision was entered.
450	452		SECTION 4.009. Article 42A.757(a), Code of Criminal
451	453		Procedure, is amended to more accurately reflect the source law
452	454		from which it was derived to read as follows:
453	455		(a) If a defendant is placed on [deferred adjudication]
454	456		community supervision after receiving a grant of deferred
455	457		adjudication community supervision for or being convicted of an
456	458		offense under Section 21.11, 22.011, or 22.021, Penal Code, at any
457	459		time during the period of community supervision, the judge may
458	460		extend the period of community supervision as provided by this
459	461		article.
460	462		SECTION 4.010. Article 43.09(h), Code of Criminal
461	463		Procedure, as amended by Chapters 977 (H.B. 351) and 1127 (S.B.
462	464		1913), Acts of the 85th Legislature, Regular Session, 2017, is
463	465		reenacted to read as follows:
464	466		(h) The court may order the defendant to perform community
465	467		service under Subsection (f):
466	468		(1) by attending:
467	469		(A) a work and job skills training program;
468	470		(B) a preparatory class for the high school
469	471		equivalency examination administered under Section 7.111,
470	472		Education Code;
471	473		(C) an alcohol or drug abuse program;
472	474		(D) a rehabilitation program;
473	475		(E) a counseling program, including a
474	476		self-improvement program;
475	477		(F) a mentoring program; or
476	478		(G) any similar activity; or
477	479		(2) for:
478	480		(A) a governmental entity;
479	481		(B) a nonprofit organization or another
480	482		organization that provides services to the general public that
481	483		enhance social welfare and the general well-being of the community,
482	484		as determined by the court; or
483	485		(C) an educational institution.
484	486		SECTION 4.011. Article 45.049(c), Code of Criminal
485	487		Procedure, as amended by Chapters 977 (H.B. 351) and 1127 (S.B.
486	488		1913), Acts of the 85th Legislature, Regular Session, 2017, is
487	489		reenacted to read as follows:
488	490		(c) The justice or judge may order the defendant to perform
489	491		community service under this article:
490	492		(1) by attending:
491	493		(A) a work and job skills training program;
492	494		(B) a preparatory class for the high school
493	495		equivalency examination administered under Section 7.111,
494	496		Education Code;
495	497		(C) an alcohol or drug abuse program;
496	498		(D) a rehabilitation program;
497	499		(E) a counseling program, including a
498	500		self-improvement program;
499	501		(F) a mentoring program; or
500	502		(G) any similar activity; or
501	503		(2) for:
502	504		(A) a governmental entity;
503	505		(B) a nonprofit organization or another
504	506		organization that provides services to the general public that
505	507		enhance social welfare and the general well-being of the community,
506	508		as determined by the justice or judge; or
507	509		(C) an educational institution.
508	510		SECTION 4.012. (a) Article 45.0492(d), Code of Criminal
509	511		Procedure, as added by Chapter 227 (H.B. 350), Acts of the 82nd
510	512		Legislature, Regular Session, 2011, and as amended by Chapters 977
511	513		(H.B. 351) and 1127 (S.B. 1913), Acts of the 85th Legislature,
512	514		Regular Session, 2017, is reenacted to read as follows:
513	515		(d) The justice or judge may order the defendant to perform
514	516		community service under this article:
515	517		(1) by attending:
516	518		(A) a work and job skills training program;
517	519		(B) a preparatory class for the high school
518	520		equivalency examination administered under Section 7.111,
519	521		Education Code;
520	522		(C) an alcohol or drug abuse program;
521	523		(D) a rehabilitation program;
522	524		(E) a counseling program, including a
523	525		self-improvement program;
524	526		(F) a mentoring program;
525	527		(G) a tutoring program; or
526	528		(H) any similar activity; or
527	529		(2) for:
528	530		(A) a governmental entity;
529	531		(B) a nonprofit organization or another
530	532		organization that provides services to the general public that
531	533		enhance social welfare and the general well-being of the community,
532	534		as determined by the justice or judge; or
533	535		(C) an educational institution.
534	536		(b) Article 45.0492(d), Code of Criminal Procedure, as
535	537		added by Chapter 777 (H.B. 1964), Acts of the 82nd Legislature,
536	538		Regular Session, 2011, and as amended by Chapters 977 (H.B. 351)
537	539		and 1127 (S.B. 1913), Acts of the 85th Legislature, Regular
538	540		Session, 2017, is reenacted to read as follows:
539	541		(d) The justice or judge may order the defendant to perform
540	542		community service under this article:
541	543		(1) by attending:
542	544		(A) a work and job skills training program;
543	545		(B) a preparatory class for the high school
544	546		equivalency examination administered under Section 7.111,
545	547		Education Code;
546	548		(C) an alcohol or drug abuse program;
547	549		(D) a rehabilitation program;
548	550		(E) a counseling program, including a
549	551		self-improvement program;
550	552		(F) a mentoring program; or
551	553		(G) any similar activity; or
552	554		(2) for:
553	555		(A) a governmental entity;
554	556		(B) a nonprofit organization or another
555	557		organization that provides services to the general public that
556	558		enhance social welfare and the general well-being of the community,
557	559		as determined by the justice or judge; or
558	560		(C) an educational institution.
559	561		SECTION 4.013. The heading to Chapter 46, Code of Criminal
560	562		Procedure, is amended to read as follows:
561	563		CHAPTER 46. MISCELLANEOUS PROVISIONS RELATING TO MENTAL ILLNESS AND
562	564		INTELLECTUAL DISABILITY [INSANITY AS DEFENSE]
563	565		SECTION 4.014. Chapter 46A, Code of Criminal Procedure, is
564	566		transferred to Chapter 361, Local Government Code, redesignated as
565	567		Subchapter Z, Chapter 361, Local Government Code, and amended to
566	568		read as follows:
567	569		SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
568	570		[CHAPTER 46A. AIDS AND HIV TESTING IN COUNTY AND MUNICIPAL JAILS]
569	571		Sec. 361.901 [Art. 46A.01]. AIDS AND HIV TESTING IN COUNTY
570	572		AND MUNICIPAL JAILS; SEGREGATION[; DISCLOSURE]. (a) In this
571	573		section, [article] "AIDS" and "HIV" have the meanings assigned
572	574		[those terms] by Section 81.101, Health and Safety Code.
573	575		(b) A county or municipality may test an inmate confined in
574	576		the county or municipal jail or in a contract facility authorized by
575	577		Subchapter F, Chapter 351, or Subchapter E of this chapter [Article
576	578		5115d, Revised Statutes, or Article 5115e, Revised Statutes,] to
577	579		determine the proper medical treatment of the inmate or the proper
578	580		social management of the inmate or other inmates in the jail or
579	581		facility.
580	582		(c) If the county or municipality determines that an inmate
581	583		has a positive test result for AIDS or HIV, the county or
582	584		municipality may segregate the inmate from other inmates in the
583	585		jail or facility.
584	586		(d) This section [article] does not provide a duty to test
585	587		for AIDS or HIV, and a cause of action does not arise under this
586	588		section [article] from a failure to test for AIDS or HIV.
587	589		SECTION 4.015. Article 62.053(a), Code of Criminal
588	590		Procedure, as amended by Chapters 329 (H.B. 355) and 924 (S.B.
589	591		1553), Acts of the 85th Legislature, Regular Session, 2017, is
590	592		reenacted and amended to read as follows:
591	593		(a) Before a person who will be subject to registration
592	594		under this chapter is due to be released from a penal institution,
593	595		the Texas Department of Criminal Justice or the Texas Juvenile
594	596		Justice Department shall determine the person's level of risk to
595	597		the community using the sex offender screening tool developed or
596	598		selected under Article 62.007 and assign to the person a numeric
597	599		risk level of one, two, or three. Before releasing the person, an
598	600		official of the penal institution shall:
599	601		(1) inform the person that:
600	602		(A) not later than the later of the seventh day
601	603		after the date on which the person is released or after the date on
602	604		which the person moves from a previous residence to a new residence
603	605		in this state or not later than the first date the applicable local
604	606		law enforcement authority by policy allows the person to register
605	607		or verify registration, the person must register or verify
606	608		registration with the local law enforcement authority in the
607	609		municipality or county in which the person intends to reside;
608	610		(B) not later than the seventh day after the date
609	611		on which the person is released or the date on which the person
610	612		moves from a previous residence to a new residence in this state,
611	613		the person must, if the person has not moved to an intended
612	614		residence, report to the applicable entity or entities as required
613	615		by Article 62.051(h) or (j) or 62.055(e);
614	616		(C) not later than the seventh day before the
615	617		date on which the person moves to a new residence in this state or
616	618		another state, the person must report in person to the local law
617	619		enforcement authority designated as the person's primary
618	620		registration authority by the department and to the juvenile
619	621		probation officer, community supervision and corrections
620	622		department officer, or parole officer supervising the person;
621	623		(D) not later than the 10th day after the date on
622	624		which the person arrives in another state in which the person
623	625		intends to reside, the person must register with the law
624	626		enforcement agency that is identified by the department as the
625	627		agency designated by that state to receive registration
626	628		information, if the other state has a registration requirement for
627	629		sex offenders;
628	630		(E) not later than the 30th day after the date on
629	631		which the person is released, the person must apply to the
630	632		department in person for the issuance of an original or renewal
631	633		driver's license or personal identification certificate and a
632	634		failure to apply to the department as required by this paragraph
633	635		results in the automatic revocation of any driver's license or
634	636		personal identification certificate issued by the department to the
635	637		person;
636	638		(F) the person must notify appropriate entities
637	639		of any change in status as described by Article 62.057;
638	640		(G) certain types of employment are prohibited
639	641		under Article 62.063 for a person with a reportable conviction or
640	642		adjudication for a sexually violent offense involving a victim
641	643		younger than 14 years of age and occurring on or after September 1,
642	644		2013; [and]
643	645		(H) certain locations of residence are
644	646		prohibited under Article 62.064 for a person with a reportable
645	647		conviction or adjudication for an offense occurring on or after
646	648		September 1, 2017, except as otherwise provided by that article;
647	649		and
648	650		(I) [(H)] if the person enters the premises of a
649	651		school as described by Article 62.065 [62.064] and is subject to the
650	652		requirements of that article, the person must immediately notify
651	653		the administrative office of the school of the person's presence
652	654		and the person's registration status under this chapter;
653	655		(2) require the person to sign a written statement
654	656		that the person was informed of the person's duties as described by
655	657		Subdivision (1) or Subsection (g) or, if the person refuses to sign
656	658		the statement, certify that the person was so informed;
657	659		(3) obtain the address or, if applicable, a detailed
658	660		description of each geographical location where the person expects
659	661		to reside on the person's release and other registration
660	662		information, including a photograph and complete set of
661	663		fingerprints; and
662	664		(4) complete the registration form for the person.
663	665		SECTION 4.016. Subsection (g), Article 62.058, Code of
664	666		Criminal Procedure, as added by Chapter 924 (S.B. 1553), Acts of the
665	667		85th Legislature, Regular Session, 2017, is redesignated as
666	668		Subsection (h), Article 62.058, Code of Criminal Procedure, and
667	669		amended to correct a reference to read as follows:
668	670		(h) [(g)] A local law enforcement authority who provides a
669	671		person with a registration form for verification as required by
670	672		this chapter shall include with the form a statement and, if
671	673		applicable, a description of the person's duty to provide notice
672	674		under Article 62.065 [62.064].
673	675		SECTION 4.017. Article 62.064, Code of Criminal Procedure,
674	676		as added by Chapter 924 (S.B. 1553), Acts of the 85th Legislature,
675	677		Regular Session, 2017, is redesignated as Article 62.065, Code of
676	678		Criminal Procedure.
677	679		ARTICLE 5. CHANGES RELATING TO EDUCATION CODE
678	680		SECTION 5.001. Section 12.104(b), Education Code, as
679	681		amended by Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B.
680	682		1153), Acts of the 85th Legislature, Regular Session, 2017, is
681	683		reenacted and amended to read as follows:
682	684		(b) An open-enrollment charter school is subject to:
683	685		(1) a provision of this title establishing a criminal
684	686		offense; and
685	687		(2) a prohibition, restriction, or requirement, as
686	688		applicable, imposed by this title or a rule adopted under this
687	689		title, relating to:
688	690		(A) the Public Education Information Management
689	691		System (PEIMS) to the extent necessary to monitor compliance with
690	692		this subchapter as determined by the commissioner;
691	693		(B) criminal history records under Subchapter C,
692	694		Chapter 22;
693	695		(C) reading instruments and accelerated reading
694	696		instruction programs under Section 28.006;
695	697		(D) accelerated instruction under Section
696	698		28.0211;
697	699		(E) high school graduation requirements under
698	700		Section 28.025;
699	701		(F) special education programs under Subchapter
700	702		A, Chapter 29;
701	703		(G) bilingual education under Subchapter B,
702	704		Chapter 29;
703	705		(H) prekindergarten programs under Subchapter E
704	706		or E-1, Chapter 29;
705	707		(I) extracurricular activities under Section
706	708		33.081;
707	709		(J) discipline management practices or behavior
708	710		management techniques under Section 37.0021;
709	711		(K) health and safety under Chapter 38;
710	712		(L) public school accountability under
711	713		Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
712	714		(M) the requirement under Section 21.006 to
713	715		report an educator's misconduct;
714	716		(N) intensive programs of instruction under
715	717		Section 28.0213;
716	718		(O) the right of a school employee to report a
717	719		crime, as provided by Section 37.148; [and]
718	720		(P) bullying prevention policies and procedures
719	721		under Section 37.0832;
720	722		(Q) the right of a school under Section 37.0052
721	723		to place a student who has engaged in certain bullying behavior in a
722	724		disciplinary alternative education program or to expel the student;
723	725		[and]
724	726		(R) the right under Section 37.0151 to report to
725	727		local law enforcement certain conduct constituting assault or
726	728		harassment; and
727	729		(S) [(P)] a parent's right to information
728	730		regarding the provision of assistance for learning difficulties to
729	731		the parent's child as provided by Sections 26.004(b)(11) and
730	732		26.0081(c) and (d).
731	733		SECTION 5.002. Section 21.0489(d), Education Code, as added
732	734		by Chapters 757 (S.B. 1839) and 837 (H.B. 2039), Acts of the 85th
733	735		Legislature, Regular Session, 2017, is reenacted to read as
734	736		follows:
735	737		(d) The criteria for the course of instruction described by
736	738		Subsection (c)(1)(A) shall be developed by the board in
737	739		consultation with faculty members who provide instruction at
738	740		institutions of higher education in educator preparation programs
739	741		for an early childhood through grade six certificate.
740	742		SECTION 5.003. Section 31.001, Education Code, as amended
741	743		by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the 85th
742	744		Legislature, Regular Session, 2017, is reenacted to read as
743	745		follows:
744	746		Sec. 31.001. FREE INSTRUCTIONAL MATERIALS. Instructional
745	747		materials selected for use in the public schools shall be furnished
746	748		without cost to the students attending those schools. Except as
747	749		provided by Section 31.104(d), a school district may not charge a
748	750		student for instructional material or technological equipment
749	751		purchased by the district with the district's instructional
750	752		materials and technology allotment.
751	753		SECTION 5.004. Section 31.005, Education Code, as amended
752	754		by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the 85th
753	755		Legislature, Regular Session, 2017, is reenacted to read as
754	756		follows:
755	757		Sec. 31.005. FUNDING FOR OPEN-ENROLLMENT CHARTER SCHOOLS.
756	758		An open-enrollment charter school is entitled to the instructional
757	759		materials and technology allotment under this chapter and is
758	760		subject to this chapter as if the school were a school district.
759	761		SECTION 5.005. (a) Section 31.021, Education Code, as
760	762		amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the
761	763		85th Legislature, Regular Session, 2017, is reenacted to read as
762	764		follows:
763	765		Sec. 31.021. STATE INSTRUCTIONAL MATERIALS AND TECHNOLOGY
764	766		FUND. (a) The state instructional materials and technology fund
765	767		consists of:
766	768		(1) an amount set aside by the State Board of Education
767	769		from the available school fund, in accordance with Section
768	770		43.001(d); and
769	771		(2) all amounts lawfully paid into the fund from any
770	772		other source.
771	773		(c) Money in the state instructional materials and
772	774		technology fund shall be used to:
773	775		(1) fund the instructional materials and technology
774	776		allotment, as provided by Section 31.0211;
775	777		(2) purchase special instructional materials for the
776	778		education of blind and visually impaired students in public
777	779		schools;
778	780		(3) pay the expenses associated with the instructional
779	781		materials adoption and review process under this chapter;
780	782		(4) pay the expenses associated with the purchase or
781	783		licensing of open education resource instructional material;
782	784		(5) pay the expenses associated with the purchase of
783	785		instructional material, including intrastate freight and shipping
784	786		and the insurance expenses associated with intrastate freight and
785	787		shipping;
786	788		(6) fund the technology lending grant program
787	789		established under Section 32.301;
788	790		(7) provide funding to the Texas School for the Blind
789	791		and Visually Impaired, the Texas School for the Deaf, and the Texas
790	792		Juvenile Justice Department; and
791	793		(8) pay the expenses associated with the instructional
792	794		materials web portal developed under Section 31.081.
793	795		(d) Money transferred to the state instructional materials
794	796		and technology fund remains in the fund until spent and does not
795	797		lapse to the state at the end of the fiscal year.
796	798		(b) Section 32.302(a), Education Code, as added by Chapter
797	799		705 (H.B. 3526), Acts of the 85th Legislature, Regular Session,
798	800		2017, is amended to conform to Section 4, Chapter 581 (S.B. 810),
799	801		Acts of the 85th Legislature, Regular Session, 2017, to read as
800	802		follows:
801	803		(a) The commissioner may use not more than $25 million from
802	804		the state [technology and] instructional materials and technology
803	805		fund under Section 31.021 each state fiscal biennium or a different
804	806		amount determined by appropriation to administer a grant program
805	807		established under this subchapter.
806	808		SECTION 5.006. The heading to Section 31.0211, Education
807	809		Code, as amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526),
808	810		Acts of the 85th Legislature, Regular Session, 2017, is reenacted
809	811		to read as follows:
810	812		Sec. 31.0211. INSTRUCTIONAL MATERIALS AND TECHNOLOGY
811	813		ALLOTMENT.
812	814		SECTION 5.007. Sections 31.0211(a) and (b), Education Code,
813	815		as amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of
814	816		the 85th Legislature, Regular Session, 2017, are reenacted to read
815	817		as follows:
816	818		(a) A school district is entitled to an allotment each
817	819		biennium from the state instructional materials and technology fund
818	820		for each student enrolled in the district on a date during the last
819	821		year of the preceding biennium specified by the commissioner. The
820	822		commissioner shall determine the amount of the allotment per
821	823		student each biennium on the basis of the amount of money available
822	824		in the state instructional materials and technology fund to fund
823	825		the allotment. An allotment under this section shall be
824	826		transferred from the state instructional materials and technology
825	827		fund to the credit of the district's instructional materials and
826	828		technology account as provided by Section 31.0212.
827	829		(b) A juvenile justice alternative education program under
828	830		Section 37.011 is entitled to an allotment from the state
829	831		instructional materials and technology fund in an amount determined
830	832		by the commissioner. The program shall use the allotment to
831	833		purchase items listed in Subsection (c) for students enrolled in
832	834		the program. The commissioner's determination under this
833	835		subsection is final and may not be appealed.
834	836		SECTION 5.008. The heading to Section 31.0212, Education
835	837		Code, as amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526),
836	838		Acts of the 85th Legislature, Regular Session, 2017, is reenacted
837	839		to read as follows:
838	840		Sec. 31.0212. INSTRUCTIONAL MATERIALS AND TECHNOLOGY
839	841		ACCOUNT.
840	842		SECTION 5.009. Sections 31.0212(a), (b), (d), and (e),
841	843		Education Code, as amended by Chapters 581 (S.B. 810) and 705 (H.B.
842	844		3526), Acts of the 85th Legislature, Regular Session, 2017, are
843	845		reenacted to read as follows:
844	846		(a) The commissioner shall maintain an instructional
845	847		materials and technology account for each school district. In the
846	848		first year of each biennium, the commissioner shall deposit in the
847	849		account for each district the amount of the district's
848	850		instructional materials and technology allotment under Section
849	851		31.0211.
850	852		(b) The commissioner shall pay the cost of instructional
851	853		materials requisitioned by a school district under Section 31.103
852	854		using funds from the district's instructional materials and
853	855		technology account.
854	856		(d) Money deposited in a school district's instructional
855	857		materials and technology account during each state fiscal biennium
856	858		remains in the account and available for use by the district for the
857	859		entire biennium. At the end of each biennium, a district with
858	860		unused money in the district's account may carry forward any
859	861		remaining balance to the next biennium.
860	862		(e) The commissioner shall adopt rules as necessary to
861	863		implement this section. The rules must include a requirement that a
862	864		school district provide the title and publication information for
863	865		any instructional materials requisitioned or purchased by the
864	866		district with the district's instructional materials and
865	867		technology allotment.
866	868		SECTION 5.010. Section 31.0213, Education Code, as amended
867	869		by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the 85th
868	870		Legislature, Regular Session, 2017, is reenacted to read as
869	871		follows:
870	872		Sec. 31.0213. CERTIFICATION OF USE OF INSTRUCTIONAL
871	873		MATERIALS AND TECHNOLOGY ALLOTMENT. Each school district shall
872	874		annually certify to the commissioner that the district's
873	875		instructional materials and technology allotment has been used only
874	876		for expenses allowed by Section 31.0211.
875	877		SECTION 5.011. Section 31.0214(a), Education Code, as
876	878		amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the
877	879		85th Legislature, Regular Session, 2017, is reenacted to read as
878	880		follows:
879	881		(a) Each year the commissioner shall adjust the
880	882		instructional materials and technology allotment of school
881	883		districts experiencing high enrollment growth. The commissioner
882	884		shall establish a procedure for determining high enrollment growth
883	885		districts eligible to receive an adjustment under this section and
884	886		the amount of the instructional materials and technology allotment
885	887		those districts will receive.
886	888		SECTION 5.012. The heading to Section 31.0215, Education
887	889		Code, as amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526),
888	890		Acts of the 85th Legislature, Regular Session, 2017, is reenacted
889	891		to read as follows:
890	892		Sec. 31.0215. INSTRUCTIONAL MATERIALS AND TECHNOLOGY
891	893		ALLOTMENT PURCHASES.
892	894		SECTION 5.013. Sections 31.0215(b) and (c), Education Code,
893	895		as amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of
894	896		the 85th Legislature, Regular Session, 2017, are reenacted to read
895	897		as follows:
896	898		(b) The commissioner may allow a school district or
897	899		open-enrollment charter school to place an order for instructional
898	900		materials before the beginning of a fiscal biennium and to receive
899	901		instructional materials before payment. The commissioner shall
900	902		limit the cost of an order placed under this section to 80 percent
901	903		of the estimated amount to which a school district or
902	904		open-enrollment charter school is estimated to be entitled as
903	905		provided by Subsection (a) and shall first credit any balance in a
904	906		district or charter school instructional materials and technology
905	907		account to pay for an order placed under this section.
906	908		(c) The commissioner shall make payments for orders placed
907	909		under this section as funds become available to the instructional
908	910		materials and technology fund and shall prioritize payment of
909	911		orders placed under this section over reimbursement of purchases
910	912		made directly by a school district or open-enrollment charter
911	913		school.
912	914		SECTION 5.014. Section 31.0231(b), Education Code, as
913	915		amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the
914	916		85th Legislature, Regular Session, 2017, is reenacted to read as
915	917		follows:
916	918		(b) A school district may select material on the list
917	919		adopted under Subsection (a) to be funded by the district's
918	920		instructional materials and technology allotment under Section
919	921		31.0211.
920	922		SECTION 5.015. Section 31.029(a), Education Code, as
921	923		amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the
922	924		85th Legislature, Regular Session, 2017, is reenacted to read as
923	925		follows:
924	926		(a) A school district shall purchase with the district's
925	927		instructional materials and technology allotment or otherwise
926	928		acquire instructional materials for use in bilingual education
927	929		classes.
928	930		SECTION 5.016. Section 31.031(a), Education Code, as
929	931		amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the
930	932		85th Legislature, Regular Session, 2017, is reenacted to read as
931	933		follows:
932	934		(a) A school district may purchase with the district's
933	935		instructional materials and technology allotment or otherwise
934	936		acquire instructional materials for use in college preparatory
935	937		courses under Section 28.014.
936	938		SECTION 5.017. Section 31.071(e), Education Code, as
937	939		amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the
938	940		85th Legislature, Regular Session, 2017, is reenacted to read as
939	941		follows:
940	942		(e) The costs of administering this subchapter and
941	943		purchasing state-developed open education resource instructional
942	944		materials shall be paid from the state instructional materials and
943	945		technology fund, as determined by the commissioner.
944	946		SECTION 5.018. Section 31.081(e), Education Code, as added
945	947		by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the 85th
946	948		Legislature, Regular Session, 2017, is reenacted to read as
947	949		follows:
948	950		(e) The commissioner shall use money in the state
949	951		instructional materials and technology fund to pay any expenses
950	952		associated with the web portal.
951	953		SECTION 5.019. Section 31.083, Education Code, as added by
952	954		Chapter 705 (H.B. 3526), Acts of the 85th Legislature, Regular
953	955		Session, 2017, is repealed as duplicative of Section 31.002(1-a),
954	956		Education Code, as amended by Chapters 581 (S.B. 810) and 942 (S.B.
955	957		1784), Acts of the 85th Legislature, Regular Session, 2017, and
956	958		Section 31.083, Education Code, as added by Chapter 581 (S.B. 810),
957	959		Acts of the 85th Legislature, Regular Session, 2017.
958	960		SECTION 5.020. Section 31.101(f), Education Code, as
959	961		amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the
960	962		85th Legislature, Regular Session, 2017, is reenacted to read as
961	963		follows:
962	964		(f) The commissioner shall maintain an online requisition
963	965		system for school districts to requisition instructional materials
964	966		to be purchased with the district's instructional materials and
965	967		technology allotment.
966	968		SECTION 5.021. Section 31.151(d), Education Code, as
967	969		amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the
968	970		85th Legislature, Regular Session, 2017, is reenacted to read as
969	971		follows:
970	972		(d) A penalty collected under this section shall be
971	973		deposited to the credit of the state instructional materials and
972	974		technology fund.
973	975		SECTION 5.022. Section 39.053(c), Education Code, as
974	976		amended by Chapters 807 (H.B. 22), 842 (H.B. 2223), and 1088 (H.B.
975	977		3593), Acts of the 85th Legislature, Regular Session, 2017, is
976	978		reenacted and amended to read as follows:
977	979		(c) School districts and campuses must be evaluated based on
978	980		three domains of indicators of achievement adopted under this
979	981		section that include:
980	982		(1) in the student achievement domain, indicators of
981	983		student achievement that must include:
982	984		(A) for evaluating the performance of districts
983	985		and campuses generally:
984	986		(i) an indicator that accounts for the
985	987		results of assessment instruments required under Sections
986	988		39.023(a), (c), and (l), as applicable for the district and campus,
987	989		including the results of assessment instruments required for
988	990		graduation retaken by a student, aggregated across grade levels by
989	991		subject area, including:
990	992		(a) for the performance standard
991	993		determined by the commissioner under Section 39.0241(a), the
992	994		percentage of students who performed satisfactorily on the
993	995		assessment instruments, aggregated across grade levels by subject
994	996		area; and
995	997		(b) for the college readiness
996	998		performance standard as determined under Section 39.0241, the
997	999		percentage of students who performed satisfactorily on the
998	1000		assessment instruments, aggregated across grade levels by subject
999	1001		area; and
1000	1002		(ii) an indicator that accounts for the
1001	1003		results of assessment instruments required under Section
1002	1004		39.023(b), as applicable for the district and campus, including the
1003	1005		percentage of students who performed satisfactorily on the
1004	1006		assessment instruments, as determined by the performance standard
1005	1007		adopted by the agency, aggregated across grade levels by subject
1006	1008		area; and
1007	1009		(B) for evaluating the performance of high school
1008	1010		campuses and districts that include high school campuses,
1009	1011		indicators that account for:
1010	1012		(i) students who satisfy the Texas Success
1011	1013		Initiative (TSI) college readiness benchmarks prescribed by the
1012	1014		Texas Higher Education Coordinating Board under Section 51.334 on
1013	1015		an assessment instrument in reading or mathematics designated by
1014	1016		the coordinating board under that section;
1015	1017		(ii) students who satisfy relevant
1016	1018		performance standards on advanced placement tests or similar
1017	1019		assessments;
1018	1020		(iii) students who earn dual course credits
1019	1021		in the dual credit courses;
1020	1022		(iv) students who enlist in the armed
1021	1023		forces of the United States;
1022	1024		(v) students who earn industry
1023	1025		certifications;
1024	1026		(vi) students admitted into postsecondary
1025	1027		industry certification programs that require as a prerequisite for
1026	1028		entrance successful performance at the secondary level;
1027	1029		(vii) students whose successful completion
1028	1030		of a course or courses under Section 28.014 indicates the student's
1029	1031		preparation to enroll and succeed, without remediation, in an
1030	1032		entry-level general education course for a baccalaureate degree or
1031	1033		associate degree;
1032	1034		(viii) students who successfully met
1033	1035		standards on a composite of indicators that through research
1034	1036		indicates the student's preparation to enroll and succeed, without
1035	1037		remediation, in an entry-level general education course for a
1036	1038		baccalaureate degree or associate degree;
1037	1039		(ix) high school graduation rates, computed
1038	1040		in accordance with standards and definitions adopted in compliance
1039	1041		with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.)
1040	1042		subject to the exclusions provided by Subsections (g), (g-1),
1041	1043		(g-2), and (g-3);
1042	1044		(x) students who successfully completed an
1043	1045		OnRamps dual enrollment course; [and]
1044	1046		(xi) [the percentage of] students who
1045	1047		successfully completed a practicum or internship approved by the
1046	1048		State Board of Education; and
1047	1049		(xii) students who are awarded an associate
1048	1050		[associate's] degree;
1049	1051		(2) in the school progress domain, indicators for
1050	1052		effectiveness in promoting student learning, which must include:
1051	1053		(A) for assessment instruments, including
1052	1054		assessment instruments under Subdivisions (1)(A)(i) and (ii), the
1053	1055		percentage of students who met the standard for improvement, as
1054	1056		determined by the commissioner; and
1055	1057		(B) for evaluating relative performance, the
1056	1058		performance of districts and campuses compared to similar districts
1057	1059		or campuses; and
1058	1060		(3) in the closing the gaps domain, the use of
1059	1061		disaggregated data to demonstrate the differentials among students
1060	1062		from different racial and ethnic groups, socioeconomic
1061	1063		backgrounds, and other factors, including:
1062	1064		(A) students formerly receiving special
1063	1065		education services;
1064	1066		(B) students continuously enrolled; and
1065	1067		(C) students who are mobile.
1066	1068		SECTION 5.023. Section 39.053(g-2), Education Code, as
1067	1069		amended by Chapters 807 (H.B. 22) and 890 (H.B. 3075), Acts of the
1068	1070		85th Legislature, Regular Session, 2017, is reenacted to read as
1069	1071		follows:
1070	1072		(g-2) In computing completion rates such as high school
1071	1073		graduation rates under Subsection (c)(1)(B)(ix), the commissioner
1072	1074		shall exclude students who:
1073	1075		(1) are at least 18 years of age as of September 1 of
1074	1076		the school year as reported for the fall semester Public Education
1075	1077		Information Management System (PEIMS) submission and have
1076	1078		satisfied the credit requirements for high school graduation;
1077	1079		(2) have not completed their individualized education
1078	1080		program under 19 T.A.C. Section 89.1070(b)(2) and the Individuals
1079	1081		with Disabilities Education Act (20 U.S.C. Section 1400 et seq.);
1080	1082		and
1081	1083		(3) are enrolled and receiving individualized
1082	1084		education program services.
1083	1085		SECTION 5.024. Section 39.101, Education Code, as added by
1084	1086		Chapter 807 (H.B. 22), Acts of the 85th Legislature, Regular
1085	1087		Session, 2017, is transferred to Subchapter B, Chapter 39A,
1086	1088		Education Code, redesignated as Section 39A.0545, Education Code,
1087	1089		and amended to conform to the repeal of Subchapter E, Chapter 39,
1088	1090		Education Code, by Article 21, Chapter 324 (S.B. 1488), Acts of the
1089	1091		85th Legislature, Regular Session, 2017, to read as follows:
1090	1092		Sec. 39A.0545 [39.101]. NEEDS IMPROVEMENT RATING. (a)
1091	1093		Notwithstanding any other law, if a school district or campus is
1092	1094		assigned an overall or domain performance rating of D:
1093	1095		(1) the commissioner shall order the district or
1094	1096		campus to develop and implement a targeted improvement plan
1095	1097		approved by the board of trustees of the district; and
1096	1098		(2) the interventions and sanctions provided by this
1097	1099		chapter [subchapter] based on failure to satisfy performance
1098	1100		standards under Section 39.054(e) apply to the district or campus
1099	1101		only as provided by this section.
1100	1102		(b) The interventions and sanctions provided by this
1101	1103		chapter [subchapter] based on failure to satisfy performance
1102	1104		standards under Section 39.054(e) apply to a district or campus
1103	1105		ordered to develop and implement a targeted improvement plan under
1104	1106		Subsection (a) only if the district or campus is assigned:
1105	1107		(1) an overall or domain performance rating of F; or
1106	1108		(2) an overall performance rating of D as provided by
1107	1109		Subsection (c).
1108	1110		(c) If a school district or campus is assigned an overall
1109	1111		performance rating of D for a school year after the district or
1110	1112		campus is ordered to develop and implement a targeted improvement
1111	1113		plan under Subsection (a), the commissioner shall implement
1112	1114		interventions and sanctions that apply to an unacceptable campus
1113	1115		and those interventions and sanctions shall continue for each
1114	1116		consecutive school year thereafter in which the campus is assigned
1115	1117		an overall performance rating of D.
1116	1118		(d) The commissioner shall adopt rules as necessary to
1117	1119		implement this section.
1118	1120		SECTION 5.025. (a) Section 39A.002, Education Code, is
1119	1121		amended to conform to Section 1, Chapter 823 (H.B. 1553), Acts of
1120	1122		the 85th Legislature, Regular Session, 2017, to read as follows:
1121	1123		Sec. 39A.002. AUTHORIZED COMMISSIONER ACTIONS. If a school
1122	1124		district is subject to commissioner action under Section 39A.001,
1123	1125		the commissioner may:
1124	1126		(1) issue public notice of the deficiency to the board
1125	1127		of trustees of the district;
1126	1128		(2) order a hearing to be conducted by the board of
1127	1129		trustees of the district to notify the public of:
1128	1130		(A) the insufficient performance;
1129	1131		(B) the improvements in performance expected by
1130	1132		the agency; and
1131	1133		(C) the interventions and sanctions that may be
1132	1134		imposed under this subchapter if the performance does not improve;
1133	1135		(3) order the preparation of a student achievement
1134	1136		improvement plan that addresses each academic achievement
1135	1137		indicator under Section 39.053(c) for which the district's
1136	1138		performance is insufficient, the submission of the plan to the
1137	1139		commissioner for approval, and the implementation of the plan;
1138	1140		(4) order a hearing to be held before the commissioner
1139	1141		or the commissioner's designee at which the president of the board
1140	1142		of trustees of the district and the district's superintendent shall
1141	1143		appear and explain the district's low performance, lack of
1142	1144		improvement, and plans for improvement;
1143	1145		(5) arrange a monitoring review of the district;
1144	1146		(6) appoint an agency monitor to participate in and
1145	1147		report to the agency on the activities of the board of trustees of
1146	1148		the district or superintendent;
1147	1149		(7) appoint a conservator to oversee the operations of
1148	1150		the district; [or]
1149	1151		(8) appoint a management team to direct the operations
1150	1152		of the district in areas of insufficient performance or require the
1151	1153		district to obtain certain services under a contract with another
1152	1154		person; or
1153	1155		(9) authorize the district to enter into a memorandum
1154	1156		of understanding with an institution of higher education that
1155	1157		provides for the assistance of the institution of higher education
1156	1158		in improving the district's performance.
1157	1159		(b) Chapter 823 (H.B. 1553), Acts of the 85th Legislature,
1158	1160		Regular Session, 2017, which amended Sections 39.102(a) and
1159	1161		39.111(c), Education Code, is repealed.
1160	1162		SECTION 5.026. (a) Section 39A.060, Education Code, is
1161	1163		amended to conform to Section 1, Chapter 472 (H.B. 2263), Acts of
1162	1164		the 85th Legislature, Regular Session, 2017, to read as follows:
1163	1165		Sec. 39A.060. CAMPUS INTERVENTION TEAM CONTINUING
1164	1166		DUTIES. For each year a campus is assigned an unacceptable
1165	1167		performance rating, the campus intervention team shall:
1166	1168		(1) [continue to work with the campus until:
1167	1169		[(A) the campus satisfies all performance
1168	1170		standards under Section 39.054(e) for a two-year period; or
1169	1171		[(B) the campus satisfies all performance
1170	1172		standards under Section 39.054(e) for a one-year period and the
1171	1173		commissioner determines that the campus is operating and will
1172	1174		continue to operate in a manner that improves student achievement;
1173	1175		[(2)] assist in updating the targeted improvement plan
1174	1176		to identify and analyze areas of growth and areas that require
1175	1177		improvement; and
1176	1178		(2) [(3)] submit each updated targeted improvement
1177	1179		plan described by Subdivision (1) [(2)] to the board of trustees of
1178	1180		the school district.
1179	1181		(b) Section 39A.107, Education Code, is amended to conform
1180	1182		to Section 2, Chapter 472 (H.B. 2263), Acts of the 85th Legislature,
1181	1183		Regular Session, 2017, by adding Subsections (a-1) and (a-2) to
1182	1184		read as follows:
1183	1185		(a-1) Not later than June 15 of each year, the commissioner
1184	1186		shall, in writing, either approve or reject any campus turnaround
1185	1187		plan prepared and submitted to the commissioner by a district. If
1186	1188		the commissioner rejects a campus turnaround plan, the commissioner
1187	1189		must also send the district an outline of the specific concerns
1188	1190		regarding the turnaround plan that resulted in the rejection.
1189	1191		(a-2) If the commissioner rejects a campus turnaround plan,
1190	1192		the district must create a modified plan with assistance from
1191	1193		agency staff and submit the modified plan to the commissioner for
1192	1194		approval not later than the 60th day after the date the commissioner
1193	1195		rejects the campus turnaround plan. The commissioner shall notify
1194	1196		the district in writing of the commissioner's decision regarding
1195	1197		the modified plan not later than the 15th day after the date the
1196	1198		commissioner receives the modified plan.
1197	1199		(c) Chapter 472 (H.B. 2263), Acts of the 85th Legislature,
1198	1200		Regular Session, 2017, which amended Sections 39.106(e) and 39.107,
1199	1201		Education Code, is repealed.
1200	1202		SECTION 5.027. Section 41.124(c), Education Code, as
1201	1203		amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the
1202	1204		85th Legislature, Regular Session, 2017, is reenacted to read as
1203	1205		follows:
1204	1206		(c) A school district that receives tuition for a student
1205	1207		from a school district with a wealth per student that exceeds the
1206	1208		equalized wealth level may not claim attendance for that student
1207	1209		for purposes of Chapters 42 and 46 and the instructional materials
1208	1210		and technology allotment under Section 31.0211.
1209	1211		SECTION 5.028. Section 43.001(d), Education Code, as
1210	1212		amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the
1211	1213		85th Legislature, Regular Session, 2017, is reenacted to read as
1212	1214		follows:
1213	1215		(d) Each biennium the State Board of Education shall set
1214	1216		aside an amount equal to 50 percent of the distribution for that
1215	1217		biennium from the permanent school fund to the available school
1216	1218		fund as provided by Section 5(a), Article VII, Texas Constitution,
1217	1219		to be placed, subject to the General Appropriations Act, in the
1218	1220		state instructional materials and technology fund established
1219	1221		under Section 31.021.
1220	1222		SECTION 5.029. Section 61.0664(f), Education Code, is
1221	1223		amended to conform to Section 1.11, Chapter 842 (H.B. 2223), Acts of
1222	1224		the 85th Legislature, Regular Session, 2017, to read as follows:
1223	1225		(f) The board, in consultation with public junior college
1224	1226		districts, shall identify five junior college districts
1225	1227		representative of each of the public junior college district peer
1226	1228		groups as identified by the board, with two selected from the peer
1227	1229		groups of the largest junior college district, and the geographic
1228	1230		diversity of this state for the purpose of implementing a pilot
1229	1231		program to develop and recommend minimum reporting language for
1230	1232		financial and instructional cost information, including
1231	1233		information relating to instruction of persons with intellectual
1232	1234		and developmental disabilities. In consultation with the
1233	1235		Legislative Budget Board, the junior college districts
1234	1236		participating in the program shall study best practices for the
1235	1237		reporting of revenue and costs allocated across the districts and
1236	1238		the practicability of disaggregating financial and instructional
1237	1239		cost information by instructional site within a junior college
1238	1240		district. Participants in the study shall consider the following
1239	1241		data:
1240	1242		(1) the number of contact hours, including those
1241	1243		generated from distance learning;
1242	1244		(2) student attainment of completion milestones as
1243	1245		measured by a performance funding formula established by the
1244	1246		coordinating board under Section 51.340(b) [51.3062(m)];
1245	1247		(3) the total amount of state appropriations, tax
1246	1248		revenue, in-district and out-of-district tuition and fee revenue,
1247	1249		or any other revenue received by the junior college districts and
1248	1250		the rates or methods by which those revenues are collected;
1249	1251		(4) the amount of money expended by the junior college
1250	1252		districts for programs related to the participation, retention, and
1251	1253		graduation of persons with intellectual and developmental
1252	1254		disabilities;
1253	1255		(5) a statement of the total amount of money expended
1254	1256		by the junior college districts;
1255	1257		(6) the number of full-time and adjunct faculty; and
1256	1258		(7) any other relevant data or reporting
1257	1259		methodologies.
1258	1260		SECTION 5.030. Section 61.607(b), Education Code, as
1259	1261		amended by Chapters 891 (H.B. 3083) and 1101 (H.B. 3808), Acts of
1260	1262		the 85th Legislature, Regular Session, 2017, is reenacted to read
1261	1263		as follows:
1262	1264		(b) The total amount of repayment assistance received by a
1263	1265		mental health professional under this subchapter may not exceed:
1264	1266		(1) $160,000, for assistance from the state received
1265	1267		by a licensed physician;
1266	1268		(2) $80,000, for assistance from the state received
1267	1269		by:
1268	1270		(A) a psychologist;
1269	1271		(B) a licensed clinical social worker, if the
1270	1272		social worker has received a doctoral degree related to social
1271	1273		work;
1272	1274		(C) a licensed professional counselor, if the
1273	1275		counselor has received a doctoral degree related to counseling; or
1274	1276		(D) a licensed marriage and family therapist, if
1275	1277		the marriage and family therapist has received a doctoral degree
1276	1278		related to marriage and family therapy;
1277	1279		(3) $60,000, for assistance from the state received by
1278	1280		an advanced practice registered nurse;
1279	1281		(4) $40,000, for assistance from the state received by
1280	1282		a licensed clinical social worker, a licensed marriage and family
1281	1283		therapist, or a licensed professional counselor who is not
1282	1284		described by Subdivision (2); and
1283	1285		(5) $10,000, for assistance from the state received by
1284	1286		a licensed chemical dependency counselor, if the chemical
1285	1287		dependency counselor has received an associate degree related to
1286	1288		chemical dependency counseling or behavioral science.
1287	1289		ARTICLE 6. CHANGES RELATING TO ESTATES CODE
1288	1290		SECTION 6.001. Section 752.113(c), Estates Code, is amended
1289	1291		to correct a typographical error to read as follows:
1290	1292		(c) Unless the principal has granted the authority to create
1291	1293		or change a beneficiary designation expressly as required by
1292	1294		Section 751.031(b)(4), an agent may be named a beneficiary under a
1293	1295		retirement plan only to the extent the agent was [a] named a
1294	1296		beneficiary by the principal under the retirement plan, or in the
1295	1297		case of a rollover or trustee-to-trustee transfer, the predecessor
1296	1298		retirement plan.
1297	1299		ARTICLE 7. CHANGES RELATING TO FAMILY CODE
1298	1300		SECTION 7.001. Section 58.003(c-3), Family Code, as amended
1299	1301		by Chapters 324 (S.B. 1488) and 685 (H.B. 29), Acts of the 85th
1300	1302		Legislature, Regular Session, 2017, is repealed to conform to the
1301	1303		repeal of Section 58.003, Family Code, by Chapter 746 (S.B. 1304),
1302	1304		Acts of the 85th Legislature, Regular Session, 2017.
1303	1305		SECTION 7.002. Section 58.252, Family Code, is amended to
1304	1306		correct a reference to read as follows:
1305	1307		Sec. 58.252. EXEMPTED RECORDS. The following records are
1306	1308		exempt from this subchapter:
1307	1309		(1) records relating to a criminal combination or
1308	1310		criminal street gang maintained by the Department of Public Safety
1309	1311		or a local law enforcement agency under Chapter 67 [61], Code of
1310	1312		Criminal Procedure;
1311	1313		(2) sex offender registration records maintained by
1312	1314		the Department of Public Safety or a local law enforcement agency
1313	1315		under Chapter 62, Code of Criminal Procedure; and
1314	1316		(3) records collected or maintained by the Texas
1315	1317		Juvenile Justice Department for statistical and research purposes,
1316	1318		including data submitted under Section 221.007, Human Resources
1317	1319		Code, and personally identifiable information.
1318	1320		SECTION 7.003. Section 155.201(d), Family Code, as added by
1319	1321		Chapters 317 (H.B. 7) and 572 (S.B. 738), Acts of the 85th
1320	1322		Legislature, Regular Session, 2017, is repealed as duplicative of
1321	1323		Section 155.201(d), Family Code, as added by Chapter 910 (S.B.
1322	1324		999), Acts of the 85th Legislature, Regular Session, 2017.
1323	1325		SECTION 7.004. (a) Section 262.201(a), Family Code, as
1324	1326		amended by Chapters 317 (H.B. 7) and 910 (S.B. 999), Acts of the
1325	1327		85th Legislature, Regular Session, 2017, is reenacted to read as
1326	1328		follows:
1327	1329		(a) In a suit filed under Section 262.101 or 262.105, unless
1328	1330		the child has already been returned to the parent, managing
1329	1331		conservator, possessory conservator, guardian, caretaker, or
1330	1332		custodian entitled to possession and the temporary order, if any,
1331	1333		has been dissolved, a full adversary hearing shall be held not later
1332	1334		than the 14th day after the date the child was taken into possession
1333	1335		by the governmental entity, unless the court grants an extension
1334	1336		under Subsection (e) or (e-1).
1335	1337		(b) Section 262.201(e-1), Family Code, as added by Chapter
1336	1338		910 (S.B. 999), Acts of the 85th Legislature, Regular Session,
1337	1339		2017, is amended to conform to Section 262.201(a-5), Family Code,
1338	1340		as added by Chapter 317 (H.B. 7), Acts of the 85th Legislature,
1339	1341		Regular Session, 2017, to read as follows:
1340	1342		(e-1) If a parent who is not indigent appears in opposition
1341	1343		to the suit, the court may, for good cause shown, postpone the full
1342	1344		adversary hearing for not more than seven days from the date of the
1343	1345		parent's appearance to allow the parent to hire an attorney or to
1344	1346		provide the parent's attorney time to respond to the petition and
1345	1347		prepare for the hearing. A postponement under this subsection is
1346	1348		subject to the limits and requirements prescribed by Subsection (e)
1347	1349		and Section 155.207.
1348	1350		(c) Section 262.201(a-5), Family Code, as added by Chapter
1349	1351		317 (H.B. 7), Acts of the 85th Legislature, Regular Session, 2017,
1350	1352		is repealed as duplicative of Section 262.201(e-1), Family Code, as
1351	1353		added by Chapter 910 (S.B. 999), Acts of the 85th Legislature,
1352	1354		Regular Session, 2017.
1353	1355		SECTION 7.005. Section 264.018(d-1), Family Code, as added
1354	1356		by Chapter 317 (H.B. 7), Acts of the 85th Legislature, Regular
1355	1357		Session, 2017, is repealed as duplicative of Section 264.018(d-1),
1356	1358		Family Code, as added by Chapter 319 (S.B. 11), Acts of the 85th
1357	1359		Legislature, Regular Session, 2017.
1358	1360		SECTION 7.006. (a) Subchapter B-1, Chapter 264, Family
1359	1361		Code, as added by Chapter 319 (S.B. 11), Acts of the 85th
1360	1362		Legislature, Regular Session, 2017, is amended to conform to
1361	1363		Chapter 316 (H.B. 5), Acts of the 85th Legislature, Regular
1362	1364		Session, 2017, by adding Section 264.170, Family Code, to read as
1363	1365		follows:
1364	1366		Sec. 264.170. LIMITED LIABILITY FOR SINGLE SOURCE CONTINUUM
1365	1367		CONTRACTOR AND RELATED PERSONNEL. (a) A nonprofit entity that
1366	1368		contracts with the department to provide services as a single
1367	1369		source continuum contractor under this subchapter is considered to
1368	1370		be a charitable organization for the purposes of Chapter 84, Civil
1369	1371		Practice and Remedies Code, with respect to the provision of those
1370	1372		services, and that chapter applies to the entity and any person who
1371	1373		is an employee or volunteer of the entity.
1372	1374		(b) The limitations on liability provided by this section
1373	1375		apply:
1374	1376		(1) only to an act or omission by the entity or person,
1375	1377		as applicable, that occurs while the entity or person is acting
1376	1378		within the course and scope of the entity's contract with the
1377	1379		department and the person's duties for the entity; and
1378	1380		(2) only if insurance coverage in the minimum amounts
1379	1381		required by Chapter 84, Civil Practice and Remedies Code, is in
1380	1382		force and effect at the time a cause of action for personal injury,
1381	1383		death, or property damage accrues.
1382	1384		(b) Subchapter B-1, Chapter 264, Family Code, as added by
1383	1385		Chapter 316 (H.B. 5), Acts of the 85th Legislature, Regular
1384	1386		Session, 2017, is repealed.
1385	1387		SECTION 7.007. Section 265.005(b), Family Code, as amended
1386	1388		by Chapters 319 (S.B. 11) and 822 (H.B. 1549), Acts of the 85th
1387	1389		Legislature, Regular Session, 2017, is reenacted and amended to
1388	1390		read as follows:
1389	1391		(b) A strategic plan required under this section must:
1390	1392		(1) identify methods to leverage other sources of
1391	1393		funding or provide support for existing community-based prevention
1392	1394		efforts;
1393	1395		(2) include a needs assessment that identifies
1394	1396		programs to best target the needs of the highest risk populations
1395	1397		and geographic areas;
1396	1398		(3) identify the goals and priorities for the
1397	1399		department's overall prevention efforts;
1398	1400		(4) report the results of previous prevention efforts
1399	1401		using available information in the plan;
1400	1402		(5) identify additional methods of measuring program
1401	1403		effectiveness and results or outcomes;
1402	1404		(6) identify methods to collaborate with other state
1403	1405		agencies on prevention efforts;
1404	1406		(7) identify specific strategies to implement the plan
1405	1407		and to develop measures for reporting on the overall progress
1406	1408		toward the plan's goals; [and]
1407	1409		(8) identify strategies and goals for increasing the
1408	1410		number of families receiving prevention and early intervention
1409	1411		services each year, subject to the availability of funds, to reach
1410	1412		targets set by the department for providing services to families
1411	1413		that are eligible to receive services through parental education,
1412	1414		family support, and community-based programs financed with
1413	1415		federal, state, local, or private resources; and
1414	1416		(9) [(8)] identify specific strategies to increase
1415	1417		local capacity for the delivery of prevention and early
1416	1418		intervention services through collaboration with communities and
1417	1419		stakeholders.
1418	1420		ARTICLE 8. CHANGES RELATING TO GOVERNMENT CODE
1419	1421		PART A. GENERAL CHANGES
1420	1422		SECTION 8.001. Section 54.658(d), Government Code, is
1421	1423		amended to correct a reference to read as follows:
1422	1424		(d) A magistrate does not have authority under Article
1423	1425		18.01(c), Code of Criminal Procedure, to issue a subsequent search
1424	1426		warrant under Article 18.02(a)(10) [18.02(10)], Code of Criminal
1425	1427		Procedure.
1426	1428		SECTION 8.002. Sections 54.906(a) and (c), Government Code,
1427	1429		are amended to correct references to read as follows:
1428	1430		(a) A judge may refer to a magistrate any criminal case for
1429	1431		proceedings involving:
1430	1432		(1) a bond forfeiture;
1431	1433		(2) a pretrial motion;
1432	1434		(3) a postconviction writ of habeas corpus;
1433	1435		(4) an examining trial;
1434	1436		(5) the issuance of search warrants, including a
1435	1437		search warrant under Article 18.02(a)(10) [18.02(10)], Code of
1436	1438		Criminal Procedure, notwithstanding Article 18.01(c), Code of
1437	1439		Criminal Procedure;
1438	1440		(6) the setting of bonds;
1439	1441		(7) the arraignment of defendants; and
1440	1442		(8) any other matter the judge considers necessary and
1441	1443		proper, including a plea of guilty or nolo contendere from a
1442	1444		defendant charged with:
1443	1445		(A) a felony offense;
1444	1446		(B) a misdemeanor offense when charged with both
1445	1447		a misdemeanor offense and a felony offense; or
1446	1448		(C) a misdemeanor offense.
1447	1449		(c) Subsection (a)(5) does not apply to the issuance of a
1448	1450		subsequent search warrant under Article 18.02(a)(10) [18.02(10)],
1449	1451		Code of Criminal Procedure.
1450	1452		SECTION 8.003. Section 54.908, Government Code, is amended
1451	1453		to correct references to read as follows:
1452	1454		Sec. 54.908. POWERS. (a) Except as limited by an order of
1453	1455		referral, a magistrate to whom a case is referred may:
1454	1456		(1) conduct hearings;
1455	1457		(2) hear evidence;
1456	1458		(3) compel production of relevant evidence;
1457	1459		(4) rule on admissibility of evidence;
1458	1460		(5) issue summons for the appearance of witnesses;
1459	1461		(6) examine witnesses;
1460	1462		(7) swear witnesses for hearings;
1461	1463		(8) make findings of fact on evidence;
1462	1464		(9) formulate conclusions of law;
1463	1465		(10) rule on a pretrial motion;
1464	1466		(11) recommend the rulings, orders, or judgment to be
1465	1467		made in a case;
1466	1468		(12) regulate proceedings in a hearing;
1467	1469		(13) accept a plea of guilty or nolo contendere from a
1468	1470		defendant charged with:
1469	1471		(A) a felony offense;
1470	1472		(B) a misdemeanor offense when charged with both
1471	1473		a misdemeanor offense and a felony offense; or
1472	1474		(C) a misdemeanor offense;
1473	1475		(14) notwithstanding Article 18.01(c), Code of
1474	1476		Criminal Procedure, issue a search warrant under Article
1475	1477		18.02(a)(10) [18.02(10)], Code of Criminal Procedure; and
1476	1478		(15) do any act and take any measure necessary and
1477	1479		proper for the efficient performance of the duties required by the
1478	1480		order of referral.
1479	1481		(b) A magistrate does not have authority under Subsection
1480	1482		(a)(14) to issue a subsequent search warrant under Article
1481	1483		18.02(a)(10) [18.02(10)], Code of Criminal Procedure.
1482	1484		SECTION 8.004. Sections 54.978(a) and (d), Government Code,
1483	1485		are amended to correct references to read as follows:
1484	1486		(a) Except as limited by an order of referral, a magistrate
1485	1487		to whom a case or matter related to a criminal case is referred may:
1486	1488		(1) conduct hearings;
1487	1489		(2) hear evidence;
1488	1490		(3) compel production of relevant evidence;
1489	1491		(4) rule on admissibility of evidence;
1490	1492		(5) issue summons for the appearance of witnesses;
1491	1493		(6) examine witnesses;
1492	1494		(7) swear witnesses for hearings;
1493	1495		(8) make findings of fact on evidence;
1494	1496		(9) formulate conclusions of law;
1495	1497		(10) rule on pretrial motions;
1496	1498		(11) recommend the rulings, orders, or judgment to be
1497	1499		made in a case;
1498	1500		(12) regulate proceedings in a hearing;
1499	1501		(13) in any case referred under Section 54.976(a)(1):
1500	1502		(A) accept a negotiated plea of guilty;
1501	1503		(B) enter a finding of guilt and impose or
1502	1504		suspend sentence; or
1503	1505		(C) defer adjudication of guilty;
1504	1506		(14) notwithstanding Article 18.01(c), Code of
1505	1507		Criminal Procedure, issue a search warrant under Article
1506	1508		18.02(a)(10) [18.02(10)], Code of Criminal Procedure;
1507	1509		(15) notwithstanding Article 18.01(h), Code of
1508	1510		Criminal Procedure, issue a search warrant under Article
1509	1511		18.02(a)(12) [18.02(12)], Code of Criminal Procedure; and
1510	1512		(16) do any act and take any measure necessary and
1511	1513		proper for the efficient performance of the duties required by the
1512	1514		order of referral.
1513	1515		(d) A magistrate does not have authority under Subsection
1514	1516		(a)(14) to issue a subsequent search warrant under Article
1515	1517		18.02(a)(10) [18.02(10)], Code of Criminal Procedure.
1516	1518		SECTION 8.005. Section 54A.006(a), Government Code, is
1517	1519		amended to correct a reference to read as follows:
1518	1520		(a) A judge may refer to an associate judge any matter
1519	1521		arising out of a criminal case involving:
1520	1522		(1) a negotiated plea of guilty or no contest before
1521	1523		the court;
1522	1524		(2) a bond forfeiture;
1523	1525		(3) a pretrial motion;
1524	1526		(4) a writ of habeas corpus;
1525	1527		(5) an examining trial;
1526	1528		(6) an occupational driver's license;
1527	1529		(7) an appeal of an administrative driver's license
1528	1530		revocation hearing;
1529	1531		(8) a civil commitment matter under Subtitle C, Title
1530	1532		7, Health and Safety Code;
1531	1533		(9) setting, adjusting, or revoking bond;
1532	1534		(10) the issuance of search warrants, including a
1533	1535		search warrant under Article 18.02(a)(10) [18.02(10)], Code of
1534	1536		Criminal Procedure, notwithstanding Article 18.01(c), Code of
1535	1537		Criminal Procedure; and
1536	1538		(11) any other matter the judge considers necessary
1537	1539		and proper.
1538	1540		SECTION 8.006. Section 54A.008(a), Government Code, is
1539	1541		amended to correct a reference to read as follows:
1540	1542		(a) Except as limited by an order of referral, an associate
1541	1543		judge to whom a case is referred may:
1542	1544		(1) conduct hearings;
1543	1545		(2) hear evidence;
1544	1546		(3) compel production of relevant evidence;
1545	1547		(4) rule on the admissibility of evidence;
1546	1548		(5) issue summons for the appearance of witnesses;
1547	1549		(6) examine a witness;
1548	1550		(7) swear a witness for a hearing;
1549	1551		(8) make findings of fact on evidence;
1550	1552		(9) formulate conclusions of law;
1551	1553		(10) rule on pretrial motions;
1552	1554		(11) recommend the rulings, orders, or judgment to be
1553	1555		made in a case;
1554	1556		(12) regulate proceedings in a hearing;
1555	1557		(13) order the attachment of a witness or party who
1556	1558		fails to obey a subpoena;
1557	1559		(14) accept a plea of guilty from a defendant charged
1558	1560		with misdemeanor, felony, or both misdemeanor and felony offenses;
1559	1561		(15) select a jury;
1560	1562		(16) notwithstanding Article 18.01(c), Code of
1561	1563		Criminal Procedure, issue a search warrant, including a search
1562	1564		warrant under Article 18.02(a)(10) [18.02(10)], Code of Criminal
1563	1565		Procedure; and
1564	1566		(17) take action as necessary and proper for the
1565	1567		efficient performance of the duties required by the order of
1566	1568		referral.
1567	1569		SECTION 8.007. Section 124.001(b), Government Code, as
1568	1570		amended by Chapters 693 (H.B. 322) and 889 (H.B. 3069), Acts of the
1569	1571		85th Legislature, Regular Session, 2017, is reenacted to read as
1570	1572		follows:
1571	1573		(b) If a defendant who was arrested for or charged with, but
1572	1574		not convicted of or placed on deferred adjudication community
1573	1575		supervision for, an offense successfully completes a veterans
1574	1576		treatment court program, after notice to the attorney representing
1575	1577		the state and a hearing in the veterans treatment court at which
1576	1578		that court determines that a dismissal is in the best interest of
1577	1579		justice, the veterans treatment court shall provide to the court in
1578	1580		which the criminal case is pending information about the dismissal
1579	1581		and shall include all of the information required about the
1580	1582		defendant for a petition for expunction under Section 2(b), Article
1581	1583		55.02, Code of Criminal Procedure. The court in which the criminal
1582	1584		case is pending shall dismiss the case against the defendant and:
1583	1585		(1) if that trial court is a district court, the court
1584	1586		may, with the consent of the attorney representing the state, enter
1585	1587		an order of expunction on behalf of the defendant under Section
1586	1588		1a(a-1), Article 55.02, Code of Criminal Procedure; or
1587	1589		(2) if that trial court is not a district court, the
1588	1590		court may, with the consent of the attorney representing the state,
1589	1591		forward the appropriate dismissal and expunction information to
1590	1592		enable a district court with jurisdiction to enter an order of
1591	1593		expunction on behalf of the defendant under Section 1a(a-1),
1592	1594		Article 55.02, Code of Criminal Procedure.
1593	1595		SECTION 8.008. Section 325.025(b), Government Code, as
1594	1596		amended by Chapters 975 (S.B. 2262) and 1046 (H.B. 1920), Acts of
1595	1597		the 85th Legislature, Regular Session, 2017, is reenacted to read
1596	1598		as follows:
1597	1599		(b) This section applies to the:
1598	1600		(1) Angelina and Neches River Authority;
1599	1601		(2) Bandera County River Authority and Groundwater
1600	1602		District;
1601	1603		(3) Brazos River Authority;
1602	1604		(4) Guadalupe-Blanco River Authority;
1603	1605		(5) Lavaca-Navidad River Authority;
1604	1606		(6) Lower Colorado River Authority;
1605	1607		(7) Lower Neches Valley Authority;
1606	1608		(8) Nueces River Authority;
1607	1609		(9) Red River Authority of Texas;
1608	1610		(10) Sabine River Authority of Texas;
1609	1611		(11) San Antonio River Authority;
1610	1612		(12) San Jacinto River Authority;
1611	1613		(13) Sulphur River Basin Authority;
1612	1614		(14) Trinity River Authority of Texas;
1613	1615		(15) Upper Colorado River Authority; and
1614	1616		(16) Upper Guadalupe River Authority.
1615	1617		SECTION 8.009. Section 403.093(d), Government Code, as
1616	1618		amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the
1617	1619		85th Legislature, Regular Session, 2017, is reenacted to read as
1618	1620		follows:
1619	1621		(d) The comptroller shall transfer from the general revenue
1620	1622		fund to the foundation school fund an amount of money necessary to
1621	1623		fund the foundation school program as provided by Chapter 42,
1622	1624		Education Code. The comptroller shall make the transfers in
1623	1625		installments as necessary to comply with Section 42.259, Education
1624	1626		Code, and permit the Texas Education Agency, to the extent
1625	1627		authorized by the General Appropriations Act, to make temporary
1626	1628		transfers from the foundation school fund for payment of the
1627	1629		instructional materials and technology allotment under Section
1628	1630		31.0211, Education Code. Unless an earlier date is necessary for
1629	1631		purposes of temporary transfers for payment of the instructional
1630	1632		materials and technology allotment, an installment must be made not
1631	1633		earlier than two days before the date an installment to school
1632	1634		districts is required by Section 42.259, Education Code, and must
1633	1635		not exceed the amount necessary for that payment and any temporary
1634	1636		transfers for payment of the instructional materials and technology
1635	1637		allotment.
1636	1638		SECTION 8.010. Section 411.0765(b), Government Code, is
1637	1639		amended to correct a typographical error to read as follows:
1638	1640		(b) A criminal justice agency may disclose criminal history
1639	1641		record information that is the subject of an order of nondisclosure
1640	1642		of criminal history record information under this subchapter to the
1641	1643		following noncriminal justice agencies or entities only:
1642	1644		(1) the State Board for Educator Certification;
1643	1645		(2) a school district, charter school, private school,
1644	1646		regional education service center, commercial transportation
1645	1647		company, or education shared services [service] arrangement;
1646	1648		(3) the Texas Medical Board;
1647	1649		(4) the Texas School for the Blind and Visually
1648	1650		Impaired;
1649	1651		(5) the Board of Law Examiners;
1650	1652		(6) the State Bar of Texas;
1651	1653		(7) a district court regarding a petition for name
1652	1654		change under Subchapter B, Chapter 45, Family Code;
1653	1655		(8) the Texas School for the Deaf;
1654	1656		(9) the Department of Family and Protective Services;
1655	1657		(10) the Texas Juvenile Justice Department;
1656	1658		(11) the Department of Assistive and Rehabilitative
1657	1659		Services;
1658	1660		(12) the Department of State Health Services, a local
1659	1661		mental health service, a local intellectual and developmental
1660	1662		disability authority, or a community center providing services to
1661	1663		persons with mental illness or intellectual or developmental
1662	1664		disabilities;
1663	1665		(13) the Texas Private Security Board;
1664	1666		(14) a municipal or volunteer fire department;
1665	1667		(15) the Texas Board of Nursing;
1666	1668		(16) a safe house providing shelter to children in
1667	1669		harmful situations;
1668	1670		(17) a public or nonprofit hospital or hospital
1669	1671		district, or a facility as defined by Section 250.001, Health and
1670	1672		Safety Code;
1671	1673		(18) the securities commissioner, the banking
1672	1674		commissioner, the savings and mortgage lending commissioner, the
1673	1675		consumer credit commissioner, or the credit union commissioner;
1674	1676		(19) the Texas State Board of Public Accountancy;
1675	1677		(20) the Texas Department of Licensing and Regulation;
1676	1678		(21) the Health and Human Services Commission;
1677	1679		(22) the Department of Aging and Disability Services;
1678	1680		(23) the Texas Education Agency;
1679	1681		(24) the Judicial Branch Certification Commission;
1680	1682		(25) a county clerk's office in relation to a
1681	1683		proceeding for the appointment of a guardian under Title 3, Estates
1682	1684		Code;
1683	1685		(26) the Department of Information Resources but only
1684	1686		regarding an employee, applicant for employment, contractor,
1685	1687		subcontractor, intern, or volunteer who provides network security
1686	1688		services under Chapter 2059 to:
1687	1689		(A) the Department of Information Resources; or
1688	1690		(B) a contractor or subcontractor of the
1689	1691		Department of Information Resources;
1690	1692		(27) the Texas Department of Insurance;
1691	1693		(28) the Teacher Retirement System of Texas;
1692	1694		(29) the Texas State Board of Pharmacy;
1693	1695		(30) the Texas Civil Commitment Office;
1694	1696		(31) a bank, savings bank, savings and loan
1695	1697		association, credit union, or mortgage banker, a subsidiary or
1696	1698		affiliate of those entities, or another financial institution
1697	1699		regulated by a state regulatory entity listed in Subdivision (18)
1698	1700		or by a corresponding federal regulatory entity, but only regarding
1699	1701		an employee, contractor, subcontractor, intern, or volunteer of or
1700	1702		an applicant for employment by that bank, savings bank, savings and
1701	1703		loan association, credit union, mortgage banker, subsidiary or
1702	1704		affiliate, or financial institution; and
1703	1705		(32) an employer that has a facility that handles or
1704	1706		has the capability of handling, transporting, storing, processing,
1705	1707		manufacturing, or controlling hazardous, explosive, combustible,
1706	1708		or flammable materials, if:
1707	1709		(A) the facility is critical infrastructure, as
1708	1710		defined by 42 U.S.C. Section 5195c(e), or the employer is required
1709	1711		to submit to a risk management plan under Section 112(r) of the
1710	1712		federal Clean Air Act (42 U.S.C. Section 7412) for the facility; and
1711	1713		(B) the information concerns an employee,
1712	1714		applicant for employment, contractor, or subcontractor whose
1713	1715		duties involve or will involve the handling, transporting, storing,
1714	1716		processing, manufacturing, or controlling hazardous, explosive,
1715	1717		combustible, or flammable materials and whose background is
1716	1718		required to be screened under a federal provision described by
1717	1719		Paragraph (A).
1718	1720		SECTION 8.011. (a) Section 423.0045(a)(1), Government
1719	1721		Code, as amended by Chapters 824 (H.B. 1643) and 1010 (H.B. 1424),
1720	1722		Acts of the 85th Legislature, Regular Session, 2017, is reenacted
1721	1723		to read as follows:
1722	1724		(1) "Correctional facility" means:
1723	1725		(A) a confinement facility operated by or under
1724	1726		contract with any division of the Texas Department of Criminal
1725	1727		Justice;
1726	1728		(B) a municipal or county jail;
1727	1729		(C) a confinement facility operated by or under
1728	1730		contract with the Federal Bureau of Prisons; or
1729	1731		(D) a secure correctional facility or secure
1730	1732		detention facility, as defined by Section 51.02, Family Code.
1731	1733		(b) Section 423.0045(a)(1-a), Government Code, as added by
1732	1734		Chapter 1010 (H.B. 1424), Acts of the 85th Legislature, Regular
1733	1735		Session, 2017, is reenacted to conform to the changes made to
1734	1736		Section 423.0045(a)(1), Government Code, by Chapter 824 (H.B.
1735	1737		1643), Acts of the 85th Legislature, Regular Session, 2017, to read
1736	1738		as follows:
1737	1739		(1-a) "Critical infrastructure facility" means:
1738	1740		(A) one of the following, if completely enclosed
1739	1741		by a fence or other physical barrier that is obviously designed to
1740	1742		exclude intruders, or if clearly marked with a sign or signs that
1741	1743		are posted on the property, are reasonably likely to come to the
1742	1744		attention of intruders, and indicate that entry is forbidden:
1743	1745		(i) a petroleum or alumina refinery;
1744	1746		(ii) an electrical power generating
1745	1747		facility, substation, switching station, or electrical control
1746	1748		center;
1747	1749		(iii) a chemical, polymer, or rubber
1748	1750		manufacturing facility;
1749	1751		(iv) a water intake structure, water
1750	1752		treatment facility, wastewater treatment plant, or pump station;
1751	1753		(v) a natural gas compressor station;
1752	1754		(vi) a liquid natural gas terminal or
1753	1755		storage facility;
1754	1756		(vii) a telecommunications central
1755	1757		switching office or any structure used as part of a system to
1756	1758		provide wired or wireless telecommunications services;
1757	1759		(viii) a port, railroad switching yard,
1758	1760		trucking terminal, or other freight transportation facility;
1759	1761		(ix) a gas processing plant, including a
1760	1762		plant used in the processing, treatment, or fractionation of
1761	1763		natural gas;
1762	1764		(x) a transmission facility used by a
1763	1765		federally licensed radio or television station;
1764	1766		(xi) a steelmaking facility that uses an
1765	1767		electric arc furnace to make steel;
1766	1768		(xii) a dam that is classified as a high
1767	1769		hazard by the Texas Commission on Environmental Quality; or
1768	1770		(xiii) a concentrated animal feeding
1769	1771		operation, as defined by Section 26.048, Water Code; or
1770	1772		(B) if enclosed by a fence or other physical
1771	1773		barrier obviously designed to exclude intruders:
1772	1774		(i) any portion of an aboveground oil, gas,
1773	1775		or chemical pipeline;
1774	1776		(ii) an oil or gas drilling site;
1775	1777		(iii) a group of tanks used to store crude
1776	1778		oil, such as a tank battery;
1777	1779		(iv) an oil, gas, or chemical production
1778	1780		facility;
1779	1781		(v) an oil or gas wellhead; or
1780	1782		(vi) any oil and gas facility that has an
1781	1783		active flare.
1782	1784		SECTION 8.012. Section 423.0045(c), Government Code, as
1783	1785		amended by Chapters 824 (H.B. 1643) and 1010 (H.B. 1424), Acts of
1784	1786		the 85th Legislature, Regular Session, 2017, is reenacted to read
1785	1787		as follows:
1786	1788		(c) This section does not apply to:
1787	1789		(1) conduct described by Subsection (b) that involves
1788	1790		a correctional facility, detention facility, or critical
1789	1791		infrastructure facility and is committed by:
1790	1792		(A) the federal government, the state, or a
1791	1793		governmental entity;
1792	1794		(B) a person under contract with or otherwise
1793	1795		acting under the direction or on behalf of the federal government,
1794	1796		the state, or a governmental entity;
1795	1797		(C) a law enforcement agency;
1796	1798		(D) a person under contract with or otherwise
1797	1799		acting under the direction or on behalf of a law enforcement agency;
1798	1800		or
1799	1801		(E) an operator of an unmanned aircraft that is
1800	1802		being used for a commercial purpose, if the operation is conducted
1801	1803		in compliance with:
1802	1804		(i) each applicable Federal Aviation
1803	1805		Administration rule, restriction, or exemption; and
1804	1806		(ii) all required Federal Aviation
1805	1807		Administration authorizations; or
1806	1808		(2) conduct described by Subsection (b) that involves
1807	1809		a critical infrastructure facility and is committed by:
1808	1810		(A) an owner or operator of the critical
1809	1811		infrastructure facility;
1810	1812		(B) a person under contract with or otherwise
1811	1813		acting under the direction or on behalf of an owner or operator of
1812	1814		the critical infrastructure facility;
1813	1815		(C) a person who has the prior written consent of
1814	1816		the owner or operator of the critical infrastructure facility; or
1815	1817		(D) the owner or occupant of the property on
1816	1818		which the critical infrastructure facility is located or a person
1817	1819		who has the prior written consent of the owner or occupant of that
1818	1820		property.
1819	1821		SECTION 8.013. Section 434.212, Government Code, as added
1820	1822		by Chapter 933 (S.B. 1677), Acts of the 85th Legislature, Regular
1821	1823		Session, 2017, is repealed as duplicative of Section 434.214,
1822	1824		Government Code, as added by Chapter 579 (S.B. 805), Acts of the
1823	1825		85th Legislature, Regular Session, 2017.
1824	1826		SECTION 8.014. Section 531.02013, Government Code, as
1825	1827		amended by Chapters 316 (H.B. 5), 319 (S.B. 11), and 1136 (H.B.
1826	1828		249), Acts of the 85th Legislature, Regular Session, 2017, is
1827	1829		reenacted and amended to read as follows:
1828	1830		Sec. 531.02013. FUNCTIONS REMAINING WITH CERTAIN AGENCIES.
1829	1831		The following functions are not subject to transfer under Sections
1830	1832		531.0201 and 531.02011:
1831	1833		(1) the functions of the Department of Family and
1832	1834		Protective Services, including the statewide intake of reports and
1833	1835		other information, related to the following:
1834	1836		(A) child protective services, including
1835	1837		services that are required by federal law to be provided by this
1836	1838		state's child welfare agency;
1837	1839		(B) adult protective services, other than
1838	1840		investigations of the alleged abuse, neglect, or exploitation of an
1839	1841		elderly person or person with a disability:
1840	1842		(i) in a facility operated, or in a facility
1841	1843		or by a person licensed, certified, or registered, by a state
1842	1844		agency; or
1843	1845		(ii) by a provider that has contracted to
1844	1846		provide home and community-based services;
1845	1847		(C) prevention and early intervention services;
1846	1848		and
1847	1849		(D) investigations of alleged abuse, neglect, or
1848	1850		exploitation occurring at a child-care facility, including a
1849	1851		residential child-care facility, as those terms are defined by
1850	1852		Section 42.002, Human Resources Code; and
1851	1853		[(D) investigations of alleged abuse, neglect,
1852	1854		or exploitation occurring at a child-care facility, as that term is
1853	1855		defined in Section 40.042, Human Resources Code; and]
1854	1856		(2) the public health functions of the Department of
1855	1857		State Health Services, including health care data collection and
1856	1858		maintenance of the Texas Health Care Information Collection
1857	1859		program.
1858	1860		SECTION 8.015. Section 552.139(d), Government Code, as
1859	1861		added by Chapter 683 (H.B. 8), Acts of the 85th Legislature, Regular
1860	1862		Session, 2017, is repealed as duplicative of Section 552.139(d),
1861	1863		Government Code, as added by Chapter 1042 (H.B. 1861), Acts of the
1862	1864		85th Legislature, Regular Session, 2017.
1863	1865		SECTION 8.016. Section 2054.516, Government Code, as added
1864	1866		by Chapters 683 (H.B. 8) and 955 (S.B. 1910), Acts of the 85th
1865	1867		Legislature, Regular Session, 2017, is reenacted and amended to
1866	1868		read as follows:
1867	1869		Sec. 2054.516. DATA SECURITY PLAN FOR ONLINE AND MOBILE
1868	1870		APPLICATIONS. (a) Each state agency, other than an institution of
1869	1871		higher education subject to Section 2054.517, implementing an
1870	1872		Internet website or mobile application that processes any sensitive
1871	1873		personal or personally identifiable information or confidential
1872	1874		information must:
1873	1875		(1) submit a biennial data security plan to the
1874	1876		department not later than October 15 of each even-numbered year to
1875	1877		establish planned beta testing for the website or application; and
1876	1878		(2) subject the website or application to a
1877	1879		vulnerability and penetration test and address any vulnerability
1878	1880		identified in the test.
1879	1881		(b) The department shall review each data security plan
1880	1882		submitted under Subsection (a) and make any recommendations for
1881	1883		changes to the plan to the state agency as soon as practicable after
1882	1884		the department reviews the plan.
1883	1885		PART B. UPDATE OF COURT FEES AND COSTS
1884	1886		SECTION 8.101. Section 101.021, Government Code, is amended
1885	1887		to conform to Section 5.01, Chapter 912 (S.B. 1329), Acts of the
1886	1888		85th Legislature, Regular Session, 2017, to read as follows:
1887	1889		Sec. 101.021. SUPREME COURT FEES AND COSTS: GOVERNMENT
1888	1890		CODE. The clerk of the supreme court shall collect fees and costs
1889	1891		as follows:
1890	1892		(1) application for petition for review (Sec. 51.005,
1891	1893		Government Code) . . . $50;
1892	1894		(2) additional fee if application for petition for
1893	1895		review is granted (Sec. 51.005, Government Code) . . . $75;
1894	1896		(3) motion for leave to file petition for writ of
1895	1897		mandamus, prohibition, injunction, and other similar proceedings
1896	1898		originating in the supreme court (Sec. 51.005, Government Code)
1897	1899		. . . $50;
1898	1900		(4) additional fee if a motion under Subdivision (3)
1899	1901		is granted (Sec. 51.005, Government Code) . . . $75;
1900	1902		(5) certified question from a federal court of appeals
1901	1903		to the supreme court (Sec. 51.005, Government Code) . . . $75;
1902	1904		(6) case appealed to the supreme court from the
1903	1905		district court by direct appeal (Sec. 51.005, Government Code)
1904	1906		. . . $100;
1905	1907		(7) any other proceeding filed in the supreme court
1906	1908		(Sec. 51.005, Government Code) . . . $75;
1907	1909		(8) administering an oath and giving a sealed
1908	1910		certificate of the oath (Sec. 51.005, Government Code) . . . $5;
1909	1911		(9) making certain copies, including certificate and
1910	1912		seal (Sec. 51.005, Government Code) . . . $5, or $0.50 per page if
1911	1913		more than 10 pages;
1912	1914		(10) any official service performed by the clerk for
1913	1915		which a fee is not otherwise provided (Sec. 51.005, Government
1914	1916		Code) . . . reasonable amount set by order or rule of supreme court;
1915	1917		(10-a) supreme court support account filing fee (Sec.
1916	1918		51.0051, Government Code) . . . amount set by the supreme court,
1917	1919		not to exceed $50;
1918	1920		(11) issuance of attorney's license or certificate
1919	1921		(Sec. 51.006, Government Code) . . . $25 [$10];
1920	1922		(12) additional filing fee to fund civil legal
1921	1923		services for the indigent (Sec. 51.941, Government Code) . . . $25;
1922	1924		and
1923	1925		(13) statewide electronic filing system fund fee (Sec.
1924	1926		51.851, Government Code) . . . $30.
1925	1927		SECTION 8.102. (a) Section 101.0611, Government Code, as
1926	1928		effective September 1, 2019, is amended to read as follows:
1927	1929		Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT
1928	1930		CODE. The clerk of a district court shall collect fees and costs
1929	1931		under the Government Code as follows:
1930	1932		(1) appellate judicial system filing fees for:
1931	1933		(A) First or Fourteenth Court of Appeals District
1932	1934		(Sec. 22.2021, Government Code) . . . not more than $5;
1933	1935		(B) Second Court of Appeals District (Sec.
1934	1936		22.2031, Government Code) . . . $5;
1935	1937		(C) Third Court of Appeals District (Sec.
1936	1938		22.2041, Government Code) . . . $5;
1937	1939		(D) Fourth Court of Appeals District (Sec.
1938	1940		22.2051, Government Code) . . . not more than $5;
1939	1941		(E) Fifth Court of Appeals District (Sec.
1940	1942		22.2061, Government Code) . . . not more than $5;
1941	1943		(E-1) Sixth Court of Appeals District (Sec.
1942	1944		22.2071, Government Code) . . . $5;
1943	1945		(E-2) Seventh Court of Appeals District (Sec.
1944	1946		22.2081, Government Code) . . . $5;
1945	1947		(E-3) Eighth Court of Appeals District (Sec.
1946	1948		22.2091, Government Code) . . . $5;
1947	1949		(F) Ninth Court of Appeals District (Sec.
1948	1950		22.2101, Government Code) . . . $5;
1949	1951		(G) Eleventh Court of Appeals District (Sec.
1950	1952		22.2121, Government Code) . . . $5;
1951	1953		(G-1) Twelfth Court of Appeals District (Sec.
1952	1954		22.2131, Government Code) . . . $5; and
1953	1955		(H) Thirteenth Court of Appeals District (Sec.
1954	1956		22.2141, Government Code) . . . not more than $5;
1955	1957		(2) when administering a case for the Rockwall County
1956	1958		Court at Law (Sec. 25.2012, Government Code) . . . civil fees and
1957	1959		court costs as if the case had been filed in district court;
1958	1960		(3) additional filing fees:
1959	1961		(A) for each suit filed for insurance contingency
1960	1962		fund, if authorized by the county commissioners court (Sec. 51.302,
1961	1963		Government Code) . . . not to exceed $5;
1962	1964		(B) to fund the improvement of Dallas County
1963	1965		civil court facilities, if authorized by the county commissioners
1964	1966		court (Sec. 51.705, Government Code) . . . not more than $15;
1965	1967		(B-1) to fund the improvement of Bexar County
1966	1968		court facilities, if authorized by the county commissioners court
1967	1969		(Sec. 51.706, Government Code) . . . not more than $15;
1968	1970		(C) to fund the improvement of Hays County court
1969	1971		facilities, if authorized by the county commissioners court (Sec.
1970	1972		51.707, Government Code) . . . not more than $15;
1971	1973		(D) to fund the preservation of court records
1972	1974		(Sec. 51.708, Government Code) . . . not more than $10;
1973	1975		(E) to fund the construction, renovation, or
1974	1976		improvement of Rockwall County court facilities, if authorized by
1975	1977		the county commissioners court (Sec. 51.709, Government Code) . . .
1976	1978		not more than $15;
1977	1979		(F) to fund the construction, renovation, or
1978	1980		improvement of Travis County court facilities, if authorized by the
1979	1981		county commissioners court (Sec. 51.710, Government Code) . . . not
1980	1982		more than $15;
1981	1983		(G) to fund the construction, renovation, or
1982	1984		improvement of Hidalgo County court facilities, if authorized by
1983	1985		the county commissioners court, and to fund the payment of the
1984	1986		principal of, interest on, and costs of issuance of bonds,
1985	1987		including refunding bonds, issued for the construction,
1986	1988		renovation, or improvement of Hidalgo County court facilities, if
1987	1989		authorized by the county commissioners court (Sec. 51.711,
1988	1990		Government Code) . . . not more than $20; [and]
1989	1991		(H) to fund the construction, renovation, or
1990	1992		improvement of Cameron County court facilities, if authorized by
1991	1993		the county commissioners court, and to fund the payment of the
1992	1994		principal of, interest on, and costs of issuance of bonds,
1993	1995		including refunding bonds, issued for the construction,
1994	1996		renovation, or improvement of Cameron County court facilities, if
1995	1997		authorized by the county commissioners court (Sec. 51.711,
1996	1998		Government Code) . . . not more than $20;
1997	1999		(I) to fund the construction, renovation, or
1998	2000		improvement of Willacy County court facilities, if authorized by
1999	2001		the county commissioners court, and to fund the payment of the
2000	2002		principal of, interest on, and costs of issuance of bonds issued for
2001	2003		the construction, renovation, or improvement of Willacy County
2002	2004		court facilities, if authorized by the county commissioners court
2003	2005		(Sec. 51.713, Government Code) . . . not more than $20;
2004	2006		(J) to fund the construction, renovation, or
2005	2007		improvement of Starr County court facilities, if authorized by the
2006	2008		county commissioners court, and to fund the payment of the
2007	2009		principal of, interest on, and costs of issuance of bonds issued for
2008	2010		the construction, renovation, or improvement of Starr County court
2009	2011		facilities, if authorized by the county commissioners court (Sec.
2010	2012		51.713, Government Code) . . . not more than $20; and
2011	2013		(K) to fund judicial and court personnel training
2012	2014		(Sec. 51.971, Government Code) . . . $5;
2013	2015		(4) for filing a suit, including an appeal from an
2014	2016		inferior court:
2015	2017		(A) for a suit with 10 or fewer plaintiffs (Sec.
2016	2018		51.317, Government Code) . . . $50;
2017	2019		(B) for a suit with at least 11 but not more than
2018	2020		25 plaintiffs (Sec. 51.317, Government Code) . . . $75;
2019	2021		(C) for a suit with at least 26 but not more than
2020	2022		100 plaintiffs (Sec. 51.317, Government Code) . . . $100;
2021	2023		(D) for a suit with at least 101 but not more than
2022	2024		500 plaintiffs (Sec. 51.317, Government Code) . . . $125;
2023	2025		(E) for a suit with at least 501 but not more than
2024	2026		1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or
2025	2027		(F) for a suit with more than 1,000 plaintiffs
2026	2028		(Sec. 51.317, Government Code) . . . $200;
2027	2029		(5) for filing a cross-action, counterclaim,
2028	2030		intervention, contempt action, motion for new trial, or third-party
2029	2031		petition (Sec. 51.317, Government Code) . . . $15;
2030	2032		(6) for issuing a citation or other writ or process not
2031	2033		otherwise provided for, including one copy, when requested at the
2032	2034		time a suit or action is filed (Sec. 51.317, Government Code) . . .
2033	2035		$8;
2034	2036		(7) for records management and preservation (Sec.
2035	2037		51.317, Government Code) . . . $10;
2036	2038		(7-a) for district court records archiving, if adopted
2037	2039		by the county commissioners court (Sec. 51.317(b)(5), Government
2038	2040		Code) . . . not more than $5;
2039	2041		(8) for issuing a subpoena, including one copy (Sec.
2040	2042		51.318, Government Code) . . . $8;
2041	2043		(9) for issuing a citation, commission for deposition,
2042	2044		writ of execution, order of sale, writ of execution and order of
2043	2045		sale, writ of injunction, writ of garnishment, writ of attachment,
2044	2046		or writ of sequestration not provided for in Section 51.317, or any
2045	2047		other writ or process not otherwise provided for, including one
2046	2048		copy if required by law (Sec. 51.318, Government Code) . . . $8;
2047	2049		(10) for searching files or records to locate a cause
2048	2050		when the docket number is not provided (Sec. 51.318, Government
2049	2051		Code) . . . $5;
2050	2052		(11) for searching files or records to ascertain the
2051	2053		existence of an instrument or record in the district clerk's office
2052	2054		(Sec. 51.318, Government Code) . . . $5;
2053	2055		(12) for abstracting a judgment (Sec. 51.318,
2054	2056		Government Code) . . . $8;
2055	2057		(13) for approving a bond (Sec. 51.318, Government
2056	2058		Code) . . . $4;
2057	2059		(14) for a certified copy of a record, judgment,
2058	2060		order, pleading, or paper on file or of record in the district
2059	2061		clerk's office, including certificate and seal, for each page or
2060	2062		part of a page (Sec. 51.318, Government Code) . . . not to exceed
2061	2063		$1;
2062	2064		(15) for a noncertified copy, for each page or part of
2063	2065		a page (Sec. 51.318, Government Code) . . . not to exceed $1;
2064	2066		(16) fee for performing a service:
2065	2067		(A) related to the matter of the estate of a
2066	2068		deceased person (Sec. 51.319, Government Code) . . . the same fee
2067	2069		allowed the county clerk for those services;
2068	2070		(B) related to the matter of a minor (Sec.
2069	2071		51.319, Government Code) . . . the same fee allowed the county
2070	2072		clerk for the service;
2071	2073		(C) of serving process by certified or registered
2072	2074		mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or
2073	2075		constable is authorized to charge for the service under Section
2074	2076		118.131, Local Government Code;
2075	2077		(D) prescribed or authorized by law but for which
2076	2078		no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee;
2077	2079		and
2078	2080		(E) related to a matter filed in a statutory
2079	2081		county court (Sec. 51.319, Government Code) . . . the same fees
2080	2082		allowed the district clerk for those services in the district
2081	2083		court;
2082	2084		(17) jury fee (Sec. 51.604, Government Code) . . .
2083	2085		$40;
2084	2086		(18) additional filing fee for family protection on
2085	2087		filing a suit for dissolution of a marriage under Chapter 6, Family
2086	2088		Code (Sec. 51.961, Government Code) . . . not to exceed $15;
2087	2089		(19) at a hearing held by an associate judge appointed
2088	2090		under Subchapter B, Chapter 54A, Government Code, a court cost to
2089	2091		preserve the record, in the absence of a court reporter, by any
2090	2092		means approved by the associate judge (Sec. 54A.110, Government
2091	2093		Code) . . . as assessed by the referring court or associate judge;
2092	2094		and
2093	2095		(20) statewide electronic filing system fund fee (Sec.
2094	2096		51.851, Government Code) . . . $30.
2095	2097		(b) The following provisions are repealed:
2096	2098		(1) Section 101.06111, Government Code;
2097	2099		(2) Section 101.061194, Government Code, as added by
2098	2100		Chapter 781 (H.B. 1234), Acts of the 85th Legislature, Regular
2099	2101		Session, 2017; and
2100	2102		(3) Section 101.061194, Government Code, as added by
2101	2103		Chapter 794 (H.B. 2875), Acts of the 85th Legislature, Regular
2102	2104		Session, 2017.
2103	2105		SECTION 8.103. (a) Section 101.0811, Government Code, is
2104	2106		amended to read as follows:
2105	2107		Sec. 101.0811. STATUTORY COUNTY COURT FEES AND COSTS:
2106	2108		GOVERNMENT CODE. The clerk of a statutory county court shall
2107	2109		collect fees and costs under the Government Code as follows:
2108	2110		(1) appellate judicial system filing fees:
2109	2111		(A) First or Fourteenth Court of Appeals District
2110	2112		(Sec. 22.2021, Government Code) . . . not more than $5;
2111	2113		(B) Second Court of Appeals District (Sec.
2112	2114		22.2031, Government Code) . . . $5;
2113	2115		(C) Third Court of Appeals District (Sec.
2114	2116		22.2041, Government Code) . . . $5;
2115	2117		(D) Fourth Court of Appeals District (Sec.
2116	2118		22.2051, Government Code) . . . not more than $5;
2117	2119		(E) Fifth Court of Appeals District (Sec.
2118	2120		22.2061, Government Code) . . . not more than $5;
2119	2121		(E-1) Sixth Court of Appeals District (Sec.
2120	2122		22.2071, Government Code) . . . $5;
2121	2123		(E-2) Seventh Court of Appeals District (Sec.
2122	2124		22.2081, Government Code) . . . $5;
2123	2125		(E-3) Eighth Court of Appeals District (Sec.
2124	2126		22.2091, Government Code) . . . $5;
2125	2127		(F) Ninth Court of Appeals District (Sec.
2126	2128		22.2101, Government Code) . . . $5;
2127	2129		(G) Eleventh Court of Appeals District (Sec.
2128	2130		22.2121, Government Code) . . . $5;
2129	2131		(G-1) Twelfth Court of Appeals District (Sec.
2130	2132		22.2131, Government Code) . . . $5; and
2131	2133		(H) Thirteenth Court of Appeals District (Sec.
2132	2134		22.2141, Government Code) . . . not more than $5;
2133	2135		(2) an official court reporter fee, County Court at
2134	2136		Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . . $3;
2135	2137		(3) in Brazoria County, in matters of concurrent
2136	2138		jurisdiction with the district court, fees (Sec. 25.0222,
2137	2139		Government Code) . . . as prescribed by law for district judges
2138	2140		according to the nature of the matter;
2139	2141		(4) a court reporter fee when testimony is taken in a
2140	2142		county court at law in McLennan County (Sec. 25.1572, Government
2141	2143		Code) . . . $3;
2142	2144		(5) a stenographer fee, if a record or part of a record
2143	2145		is made:
2144	2146		(A) in a county court at law in Hidalgo County
2145	2147		(Sec. 25.1102, Government Code) . . . $20; and
2146	2148		(B) in the 1st Multicounty Court at Law (Sec.
2147	2149		25.2702, Government Code) . . . $25;
2148	2150		(6) jury fee (Sec. 51.604, Government Code) . . . $40;
2149	2151		(7) an additional filing fee:
2150	2152		(A) for each civil case filed to be used for
2151	2153		court-related purposes for the support of the judiciary (Sec.
2152	2154		51.702, Government Code) . . . $40;
2153	2155		(B) to fund the improvement of Dallas County
2154	2156		civil court facilities, if authorized by the county commissioners
2155	2157		court (Sec. 51.705, Government Code) . . . not more than $15;
2156	2158		(B-1) to fund the improvement of Bexar County
2157	2159		court facilities, if authorized by the county commissioners court
2158	2160		(Sec. 51.706, Government Code) . . . not more than $15;
2159	2161		(C) to fund the improvement of Hays County court
2160	2162		facilities, if authorized by the county commissioners court (Sec.
2161	2163		51.707, Government Code) . . . not more than $15;
2162	2164		(D) to fund the preservation of court records
2163	2165		(Sec. 51.708, Government Code) . . . not more than $10;
2164	2166		(E) to fund the construction, renovation, or
2165	2167		improvement of Rockwall County court facilities, if authorized by
2166	2168		the county commissioners court (Sec. 51.709, Government Code) . . .
2167	2169		not more than $15;
2168	2170		(F) to fund the construction, renovation, or
2169	2171		improvement of Travis County court facilities, if authorized by the
2170	2172		county commissioners court (Sec. 51.710, Government Code) . . . not
2171	2173		more than $15;
2172	2174		(G) to fund the construction, renovation, or
2173	2175		improvement of Hidalgo County court facilities, if authorized by
2174	2176		the county commissioners court, and to fund the payment of the
2175	2177		principal of, interest on, and costs of issuance of bonds,
2176	2178		including refunding bonds, issued for the construction,
2177	2179		renovation, or improvement of Hidalgo County court facilities, if
2178	2180		authorized by the county commissioners court (Sec. 51.711,
2179	2181		Government Code) . . . not more than $20; [and]
2180	2182		(H) to fund the construction, renovation, or
2181	2183		improvement of Cameron County court facilities, if authorized by
2182	2184		the county commissioners court, and to fund the payment of the
2183	2185		principal of, interest on, and costs of issuance of bonds,
2184	2186		including refunding bonds, issued for the construction,
2185	2187		renovation, or improvement of Cameron County court facilities, if
2186	2188		authorized by the county commissioners court (Sec. 51.711,
2187	2189		Government Code) . . . not more than $20;
2188	2190		(I) to fund the construction, renovation, or
2189	2191		improvement of Starr County court facilities, if authorized by the
2190	2192		county commissioners court, and to fund the payment of the
2191	2193		principal of, interest on, and costs of issuance of bonds issued for
2192	2194		the construction, renovation, or improvement of Starr County court
2193	2195		facilities, if authorized by the county commissioners court (Sec.
2194	2196		51.713, Government Code) . . . not more than $20; and
2195	2197		(J) to fund judicial and court personnel training
2196	2198		(Sec. 51.971, Government Code) . . . $5;
2197	2199		(8) the official court reporter's fee taxed as costs in
2198	2200		civil actions in a statutory county court:
2199	2201		(A) in Bexar County Courts at Law Nos. 3, 4, 5, 6,
2200	2202		7, 8, 9, 10, 11, 12, 13, 14, and 15 (Sec. 25.0172, Government Code)
2201	2203		. . . taxed in the same manner as the fee is taxed in district
2202	2204		court;
2203	2205		(B) in Galveston County (Sec. 25.0862,
2204	2206		Government Code) . . . taxed in the same manner as the fee is taxed
2205	2207		in civil cases in the district courts;
2206	2208		(C) in Harris County (Sec. 25.1032, Government
2207	2209		Code) . . . taxed in the same manner as the fee is taxed in civil
2208	2210		cases in the district courts; and
2209	2211		(D) in Parker County (Sec. 25.1862, Government
2210	2212		Code) . . . taxed in the same manner as the fee is taxed in civil
2211	2213		cases in the district courts;
2212	2214		(9) in Nueces County, in matters of concurrent
2213	2215		jurisdiction with the district court, with certain exceptions, fees
2214	2216		(Sec. 25.1802, Government Code) . . . equal to those in district
2215	2217		court cases;
2216	2218		(10) a fee not otherwise listed in this subchapter
2217	2219		that is required to be collected under Section 25.0008, Government
2218	2220		Code, in a county other than Brazos, Cameron, Ellis, Guadalupe,
2219	2221		Harris, Henderson, Liberty, Moore, Nolan, Panola, Parker, Starr,
2220	2222		Victoria, and Williamson . . . as prescribed by law relating to
2221	2223		county judges' fees;
2222	2224		(11) at a hearing held by an associate judge appointed
2223	2225		under Subchapter B, Chapter 54A, Government Code, a court cost to
2224	2226		preserve the record, in the absence of a court reporter, by any
2225	2227		means approved by the associate judge (Sec. 54A.110, Government
2226	2228		Code) . . . as assessed by the referring court or associate judge;
2227	2229		and
2228	2230		(12) statewide electronic filing system fund fee (Sec.
2229	2231		51.851, Government Code) . . . $30.
2230	2232		(b) The following provisions of the Government Code are
2231	2233		repealed:
2232	2234		(1) Section 101.08111;
2233	2235		(2) Section 101.081193; and
2234	2236		(3) Section 101.081195.
2235	2237		SECTION 8.104. (a) Section 101.1011, Government Code, is
2236	2238		amended to read as follows:
2237	2239		Sec. 101.1011. STATUTORY PROBATE COURT FEES AND COSTS:
2238	2240		GOVERNMENT CODE. The clerk of a statutory probate court shall
2239	2241		collect fees and costs under the Government Code as follows:
2240	2242		(1) appellate judicial system filing fees:
2241	2243		(A) First or Fourteenth Court of Appeals District
2242	2244		(Sec. 22.2021, Government Code) . . . not more than $5;
2243	2245		(B) Second Court of Appeals District (Sec.
2244	2246		22.2031, Government Code) . . . $5;
2245	2247		(C) Third Court of Appeals District (Sec.
2246	2248		22.2041, Government Code) . . . $5;
2247	2249		(D) Fourth Court of Appeals District (Sec.
2248	2250		22.2051, Government Code) . . . not more than $5;
2249	2251		(E) Fifth Court of Appeals District (Sec.
2250	2252		22.2061, Government Code) . . . not more than $5;
2251	2253		(E-1) Sixth Court of Appeals District (Sec.
2252	2254		22.2071, Government Code) . . . $5;
2253	2255		(E-2) Seventh Court of Appeals District (Sec.
2254	2256		22.2081, Government Code) . . . $5;
2255	2257		(E-3) Eighth Court of Appeals District (Sec.
2256	2258		22.2091, Government Code) . . . $5;
2257	2259		(F) Ninth Court of Appeals District (Sec.
2258	2260		22.2101, Government Code) . . . $5;
2259	2261		(G) Eleventh Court of Appeals District (Sec.
2260	2262		22.2121, Government Code) . . . $5;
2261	2263		(G-1) Twelfth Court of Appeals District (Sec.
2262	2264		22.2131, Government Code) . . . $5; and
2263	2265		(H) Thirteenth Court of Appeals District (Sec.
2264	2266		22.2141, Government Code) . . . not more than $5;
2265	2267		(2) additional filing fees as follows:
2266	2268		(A) for certain cases to be used for
2267	2269		court-related purposes for support of the judiciary (Sec. 51.704,
2268	2270		Government Code) . . . $40;
2269	2271		(B) to fund the improvement of Dallas County
2270	2272		civil court facilities, if authorized by the county commissioners
2271	2273		court (Sec. 51.705, Government Code) . . . not more than $15;
2272	2274		(B-1) to fund the improvement of Bexar County
2273	2275		court facilities, if authorized by the county commissioners court
2274	2276		(Sec. 51.706, Government Code) . . . not more than $15;
2275	2277		(C) to fund the improvement of Hays County court
2276	2278		facilities, if authorized by the county commissioners court (Sec.
2277	2279		51.707, Government Code) . . . not more than $15;
2278	2280		(D) to fund the construction, renovation, or
2279	2281		improvement of Rockwall County court facilities, if authorized by
2280	2282		the county commissioners court (Sec. 51.709, Government Code) . . .
2281	2283		not more than $15;
2282	2284		(E) to fund the construction, renovation, or
2283	2285		improvement of Travis County court facilities, if authorized by the
2284	2286		county commissioners court (Sec. 51.710, Government Code) . . . not
2285	2287		more than $15; [and]
2286	2288		(F) to fund the construction, renovation, or
2287	2289		improvement of Hidalgo County court facilities, if authorized by
2288	2290		the county commissioners court, and to fund the payment of the
2289	2291		principal of, interest on, and costs of issuance of bonds,
2290	2292		including refunding bonds, issued for the construction,
2291	2293		renovation, or improvement of Hidalgo County court facilities, if
2292	2294		authorized by the county commissioners court (Sec. 51.711,
2293	2295		Government Code) . . . not more than $20; and
2294	2296		(G) to fund judicial and court personnel training
2295	2297		(Sec. 51.971, Government Code) . . . $5;
2296	2298		(3) jury fee for civil case (Sec. 51.604, Government
2297	2299		Code) . . . $40;
2298	2300		(4) the expense of preserving the record as a court
2299	2301		cost, if imposed on a party by the referring court or associate
2300	2302		judge (Sec. 54A.211, Government Code) . . . actual cost;
2301	2303		(5) a fee not otherwise listed in this subchapter that
2302	2304		is required to be collected under Section 25.0029, Government Code
2303	2305		(Sec. 25.0029, Government Code) . . . as prescribed by law relating
2304	2306		to county judges' fees; and
2305	2307		(6) statewide electronic filing system fund fee (Sec.
2306	2308		51.851, Government Code) . . . $30.
2307	2309		(b) Sections 101.10111 and 101.101192, Government Code, are
2308	2310		repealed.
2309	2311		SECTION 8.105. (a) Section 101.1212, Government Code, is
2310	2312		amended to read as follows:
2311	2313		Sec. 101.1212. COUNTY COURT FEES AND COSTS: GOVERNMENT
2312	2314		CODE. The clerk of a county court shall collect the following fees
2313	2315		and costs under the Government Code:
2314	2316		(1) appellate judicial system filing fees:
2315	2317		(A) First or Fourteenth Court of Appeals District
2316	2318		(Sec. 22.2021, Government Code) . . . not more than $5;
2317	2319		(B) Second Court of Appeals District (Sec.
2318	2320		22.2031, Government Code) . . . $5;
2319	2321		(C) Third Court of Appeals District (Sec.
2320	2322		22.2041, Government Code) . . . $5;
2321	2323		(D) Fourth Court of Appeals District (Sec.
2322	2324		22.2051, Government Code) . . . not more than $5;
2323	2325		(E) Fifth Court of Appeals District (Sec.
2324	2326		22.2061, Government Code) . . . not more than $5;
2325	2327		(E-1) Sixth Court of Appeals District (Sec.
2326	2328		22.2071, Government Code) . . . $5;
2327	2329		(E-2) Seventh Court of Appeals District (Sec.
2328	2330		22.2081, Government Code) . . . $5;
2329	2331		(E-3) Eighth Court of Appeals District (Sec.
2330	2332		22.2091, Government Code) . . . $5;
2331	2333		(F) Ninth Court of Appeals District (Sec.
2332	2334		22.2101, Government Code) . . . $5;
2333	2335		(G) Eleventh Court of Appeals District (Sec.
2334	2336		22.2121, Government Code) . . . $5;
2335	2337		(G-1) Twelfth Court of Appeals District (Sec.
2336	2338		22.2131, Government Code) . . . $5; and
2337	2339		(H) Thirteenth Court of Appeals District (Sec.
2338	2340		22.2141, Government Code) . . . not more than $5;
2339	2341		(2) a jury fee (Sec. 51.604, Government Code) . . .
2340	2342		$40;
2341	2343		(3) a filing fee in each civil case filed to be used
2342	2344		for court-related purposes for the support of the judiciary (Sec.
2343	2345		51.703, Government Code) . . . $40;
2344	2346		(4) a filing fee to fund the preservation of court
2345	2347		records (Sec. 51.708, Government Code) . . . not more than $10;
2346	2348		(4-a) an additional filing fee:
2347	2349		(A) to fund the construction, renovation, or
2348	2350		improvement of Willacy County court facilities, if authorized by
2349	2351		the county commissioners court, and to fund the payment of the
2350	2352		principal of, interest on, and costs of issuance of bonds issued for
2351	2353		the construction, renovation, or improvement of Willacy County
2352	2354		court facilities, if authorized by the county commissioners court
2353	2355		(Sec. 51.713, Government Code) . . . not more than $20; and
2354	2356		(B) to fund judicial and court personnel training
2355	2357		(Sec. 51.971, Government Code) . . . $5; and
2356	2358		(5) a statewide electronic filing system fund fee
2357	2359		(Sec. 51.851, Government Code) . . . $30.
2358	2360		(b) Sections 101.12121 and 101.12122, Government Code, are
2359	2361		repealed.
2360	2362		SECTION 8.106. (a) Section 101.141(b), Government Code, is
2361	2363		amended to read as follows:
2362	2364		(b) A clerk of a justice court shall collect fees and costs
2363	2365		under other laws as follows:
2364	2366		(1) the cost of a special program that a court may
2365	2367		order a child to attend after a finding that the child committed an
2366	2368		offense, if ordered by the court (Art. 45.057, Code of Criminal
2367	2369		Procedure) . . . costs of the program not to exceed $100;
2368	2370		(2) additional filing fees:
2369	2371		(A) to fund Dallas County civil court facilities
2370	2372		(Sec. 51.705, Government Code) . . . not more than $15;
2371	2373		(B) for filing any civil action or proceeding
2372	2374		requiring a filing fee, including an appeal, and on the filing of
2373	2375		any counterclaim, cross-action, intervention, interpleader, or
2374	2376		third-party action requiring a filing fee, to fund civil legal
2375	2377		services for the indigent (Sec. 133.153, Local Government Code)
2376	2378		. . . $6;
2377	2379		(C) to fund the improvement of Hays County court
2378	2380		facilities, if authorized by the county commissioners court (Sec.
2379	2381		51.707, Government Code) . . . not more than $15; [and]
2380	2382		(D) to fund the construction, renovation, or
2381	2383		improvement of Rockwall County court facilities, if authorized by
2382	2384		the county commissioners court (Sec. 51.709, Government Code) . . .
2383	2385		not more than $15;
2384	2386		(E) to fund the construction, renovation, or
2385	2387		improvement of Willacy County court facilities, if authorized by
2386	2388		the county commissioners court, and to fund the payment of the
2387	2389		principal of, interest on, and costs of issuance of bonds issued for
2388	2390		the construction, renovation, or improvement of Willacy County
2389	2391		court facilities, if authorized by the county commissioners court
2390	2392		(Sec. 51.713, Government Code) . . . not more than $20;
2391	2393		(F) to fund the construction, renovation, or
2392	2394		improvement of Starr County court facilities, if authorized by the
2393	2395		county commissioners court, and to fund the payment of the
2394	2396		principal of, interest on, and costs of issuance of bonds issued for
2395	2397		the construction, renovation, or improvement of Starr County court
2396	2398		facilities, if authorized by the county commissioners court (Sec.
2397	2399		51.713, Government Code) . . . not more than $20; and
2398	2400		(G) to fund judicial and court personnel training
2399	2401		(Sec. 51.971, Government Code) . . . $5;
2400	2402		(3) for filing a suit in Comal County (Sec. 152.0522,
2401	2403		Human Resources Code) . . . $1.50;
2402	2404		(4) fee for hearing on probable cause for removal of a
2403	2405		vehicle and placement in a storage facility if assessed by the court
2404	2406		(Sec. 2308.457, Occupations Code) . . . $20; and
2405	2407		(5) statewide electronic filing system fund fee (Sec.
2406	2408		51.851, Government Code) . . . $10.
2407	2409		(b) Sections 101.1411 and 101.143, Government Code, are
2408	2410		repealed.
2409	2411		SECTION 8.107. (a) Section 103.021, Government Code, is
2410	2412		amended to conform to the amendment of Article 42A.301, Code of
2411	2413		Criminal Procedure, by Chapter 109 (S.B. 1584), Acts of the 85th
2412	2414		Legislature, Regular Session, 2017, and is further amended to read
2413	2415		as follows:
2414	2416		Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
2415	2417		CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant,
2416	2418		or a party to a civil suit, as applicable, shall pay the following
2417	2419		fees and costs under the Code of Criminal Procedure if ordered by
2418	2420		the court or otherwise required:
2419	2421		(1) a personal bond fee (Art. 17.42, Code of Criminal
2420	2422		Procedure) . . . the greater of $20 or three percent of the amount
2421	2423		of the bail fixed for the accused;
2422	2424		(2) cost of electronic monitoring as a condition of
2423	2425		release on personal bond (Art. 17.43, Code of Criminal Procedure)
2424	2426		. . . actual cost;
2425	2427		(3) a fee for verification of and monitoring of motor
2426	2428		vehicle ignition interlock (Art. 17.441, Code of Criminal
2427	2429		Procedure) . . . not to exceed $10;
2428	2430		(3-a) costs associated with operating a global
2429	2431		positioning monitoring system as a condition of release on bond
2430	2432		(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
2431	2433		subject to a determination of indigency;
2432	2434		(3-b) costs associated with providing a defendant's
2433	2435		victim with an electronic receptor device as a condition of the
2434	2436		defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
2435	2437		Procedure) . . . actual costs, subject to a determination of
2436	2438		indigency;
2437	2439		(4) repayment of reward paid by a crime stoppers
2438	2440		organization on conviction of a felony (Art. 37.073, Code of
2439	2441		Criminal Procedure) . . . amount ordered;
2440	2442		(5) reimbursement to general revenue fund for payments
2441	2443		made to victim of an offense as condition of community supervision
2442	2444		(Art. 42A.301(b)(17) [42A.301(17)], Code of Criminal Procedure)
2443	2445		. . . not to exceed $50 for a misdemeanor offense or $100 for a
2444	2446		felony offense;
2445	2447		(6) payment to a crime stoppers organization as
2446	2448		condition of community supervision (Art. 42A.301(b)(20)
2447	2449		[42A.301(20)], Code of Criminal Procedure) . . . not to exceed $50;
2448	2450		(7) children's advocacy center fee (Art. 42A.455, Code
2449	2451		of Criminal Procedure) . . . not to exceed $50;
2450	2452		(8) family violence center fee (Art. 42A.504(b), Code
2451	2453		of Criminal Procedure) . . . $100;
2452	2454		(9) community supervision fee (Art. 42A.652(a), Code
2453	2455		of Criminal Procedure) . . . not less than $25 or more than $60 per
2454	2456		month;
2455	2457		(10) additional community supervision fee for certain
2456	2458		offenses (Art. 42A.653(a), Code of Criminal Procedure) . . . $5 per
2457	2459		month;
2458	2460		(11) for certain financially able sex offenders as a
2459	2461		condition of community supervision, the costs of treatment,
2460	2462		specialized supervision, or rehabilitation (Art. 42A.452, Code of
2461	2463		Criminal Procedure) . . . all or part of the reasonable and
2462	2464		necessary costs of the treatment, supervision, or rehabilitation as
2463	2465		determined by the judge;
2464	2466		(12) fee for failure to appear for trial in a justice
2465	2467		or municipal court if a jury trial is not waived (Art. 45.026, Code
2466	2468		of Criminal Procedure) . . . costs incurred for impaneling the
2467	2469		jury;
2468	2470		(13) costs of certain testing, assessments, or
2469	2471		programs during a deferral period (Art. 45.051, Code of Criminal
2470	2472		Procedure) . . . amount ordered;
2471	2473		(14) special expense on dismissal of certain
2472	2474		misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
2473	2475		. . . not to exceed amount of fine assessed;
2474	2476		(15) an additional fee:
2475	2477		(A) for a copy of the defendant's driving record
2476	2478		to be requested from the Department of Public Safety by the judge
2477	2479		(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
2478	2480		to the sum of the fee established by Section 521.048,
2479	2481		Transportation Code, and the state electronic Internet portal fee;
2480	2482		(B) as an administrative fee for requesting a
2481	2483		driving safety course or a course under the motorcycle operator
2482	2484		training and safety program for certain traffic offenses to cover
2483	2485		the cost of administering the article (Art. 45.0511(f)(1), Code of
2484	2486		Criminal Procedure) . . . not to exceed $10; or
2485	2487		(C) for requesting a driving safety course or a
2486	2488		course under the motorcycle operator training and safety program
2487	2489		before the final disposition of the case (Art. 45.0511(f)(2), Code
2488	2490		of Criminal Procedure) . . . not to exceed the maximum amount of the
2489	2491		fine for the offense committed by the defendant;
2490	2492		(16) a request fee for teen court program (Art.
2491	2493		45.052, Code of Criminal Procedure) . . . $20, if the court
2492	2494		ordering the fee is located in the Texas-Louisiana border region,
2493	2495		but otherwise not to exceed $10;
2494	2496		(17) a fee to cover costs of required duties of teen
2495	2497		court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
2496	2498		court ordering the fee is located in the Texas-Louisiana border
2497	2499		region, but otherwise $10;
2498	2500		(18) a mileage fee for officer performing certain
2499	2501		services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
2500	2502		mile;
2501	2503		(19) certified mailing of notice of hearing date (Art.
2502	2504		102.006, Code of Criminal Procedure) . . . $1, plus postage;
2503	2505		(20) certified mailing of certified copies of an order
2504	2506		of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
2505	2507		plus postage;
2506	2508		(20-a) a fee to defray the cost of notifying state
2507	2509		agencies of orders of expungement (Art. 45.0216, Code of Criminal
2508	2510		Procedure) . . . $30 per application;
2509	2511		(20-b) a fee to defray the cost of notifying state
2510	2512		agencies of orders of expunction (Art. 102.006, Code of Criminal
2511	2513		Procedure) . . . $100 per petition;
2512	2514		(21) sight orders:
2513	2515		(A) if the face amount of the check or sight order
2514	2516		does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
2515	2517		. . . not to exceed $10;
2516	2518		(B) if the face amount of the check or sight order
2517	2519		is greater than $10 but does not exceed $100 (Art. 102.007, Code of
2518	2520		Criminal Procedure) . . . not to exceed $15;
2519	2521		(C) if the face amount of the check or sight order
2520	2522		is greater than $100 but does not exceed $300 (Art. 102.007, Code of
2521	2523		Criminal Procedure) . . . not to exceed $30;
2522	2524		(D) if the face amount of the check or sight order
2523	2525		is greater than $300 but does not exceed $500 (Art. 102.007, Code of
2524	2526		Criminal Procedure) . . . not to exceed $50; and
2525	2527		(E) if the face amount of the check or sight order
2526	2528		is greater than $500 (Art. 102.007, Code of Criminal Procedure)
2527	2529		. . . not to exceed $75;
2528	2530		(22) fees for a pretrial intervention program:
2529	2531		(A) a supervision fee (Art. 102.012(a), Code of
2530	2532		Criminal Procedure) . . . $60 a month plus expenses; and
2531	2533		(B) a district attorney, criminal district
2532	2534		attorney, or county attorney administrative fee (Art. 102.0121,
2533	2535		Code of Criminal Procedure) . . . not to exceed $500;
2534	2536		(23) parking fee violations for child safety fund in
2535	2537		municipalities with populations:
2536	2538		(A) greater than 850,000 (Art. 102.014, Code of
2537	2539		Criminal Procedure) . . . not less than $2 and not to exceed $5; and
2538	2540		(B) less than 850,000 (Art. 102.014, Code of
2539	2541		Criminal Procedure) . . . not to exceed $5;
2540	2542		(24) an administrative fee for collection of fines,
2541	2543		fees, restitution, or other costs (Art. 102.072, Code of Criminal
2542	2544		Procedure) . . . not to exceed $2 for each transaction;
2543	2545		(25) a collection fee, if authorized by the
2544	2546		commissioners court of a county or the governing body of a
2545	2547		municipality, for certain debts and accounts receivable, including
2546	2548		unpaid fines, fees, court costs, forfeited bonds, and restitution
2547	2549		ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
2548	2550		percent of an amount more than 60 days past due; and
2549	2551		(26) a cost on conviction for the truancy prevention
2550	2552		and diversion fund (Art. 102.015, Code of Criminal Procedure) . . .
2551	2553		$2.
2552	2554		(b) Section 103.02101, Government Code, is repealed.
2553	2555		SECTION 8.108. (a) Section 103.027(a), Government Code, as
2554	2556		effective September 1, 2019, is amended to read as follows:
2555	2557		(a) Fees and costs shall be paid or collected under the
2556	2558		Government Code as follows:
2557	2559		(1) filing a certified copy of a judicial finding of
2558	2560		fact and conclusion of law if charged by the secretary of state
2559	2561		(Sec. 51.905, Government Code) . . . $15;
2560	2562		(2) cost paid by each surety posting the bail bond for
2561	2563		an offense other than a misdemeanor punishable by fine only under
2562	2564		Chapter 17, Code of Criminal Procedure, for the assistant
2563	2565		prosecutor supplement fund and the fair defense account (Sec.
2564	2566		41.258, Government Code) . . . $15, provided the cost does not
2565	2567		exceed $30 for all bail bonds posted at that time for an individual
2566	2568		and the cost is not required on the posting of a personal or cash
2567	2569		bond;
2568	2570		(3) to participate in a court proceeding in this
2569	2571		state, a nonresident attorney fee (Sec. 82.0361, Government Code)
2570	2572		. . . $250 except as waived or reduced under supreme court rules for
2571	2573		representing an indigent person;
2572	2574		(4) on a party's appeal of a final decision in a
2573	2575		contested case, the cost of preparing the original or a certified
2574	2576		copy of the record of the agency proceeding, if required by the
2575	2577		agency's rule, as a court cost (Sec. 2001.177, Government Code)
2576	2578		. . . as assessed by the court, all or part of the cost of
2577	2579		preparation;
2578	2580		(5) a program fee for a drug court program (Sec.
2579	2581		123.004, Government Code) . . . not to exceed $1,000;
2580	2582		(6) an alcohol or controlled substance testing,
2581	2583		counseling, and treatment fee (Sec. 123.004, Government Code) . . .
2582	2584		the amount necessary to cover the costs of testing, counseling, and
2583	2585		treatment;
2584	2586		(7) a reasonable program fee for a veterans treatment
2585	2587		court program (Sec. 124.005, Government Code) . . . not to exceed
2586	2588		$1,000;
2587	2589		(8) a testing, counseling, and treatment fee for
2588	2590		testing, counseling, or treatment performed or provided under a
2589	2591		veterans treatment court program (Sec. 124.005, Government Code)
2590	2592		. . . the amount necessary to cover the costs of testing,
2591	2593		counseling, or treatment;
2592	2594		(9) a nonrefundable program fee for a commercially
2593	2595		sexually exploited persons court program (Sec. 126.006, Government
2594	2596		Code) . . . a reasonable amount not to exceed $1,000, which must
2595	2597		include a counseling and services fee in an amount necessary to
2596	2598		cover the costs of counseling and services provided by the program,
2597	2599		a victim services fee in an amount equal to 10 percent of the total
2598	2600		fee, and a law enforcement training fee in an amount equal to five
2599	2601		percent of the total fee;
2600	2602		(9-a) a reasonable program fee for a public safety
2601	2603		employees treatment court program (Sec. 129.006, Government Code)
2602	2604		. . . not to exceed $1,000;
2603	2605		(9-b) a testing, counseling, and treatment fee for
2604	2606		testing, counseling, or treatment performed or provided under a
2605	2607		public safety employees treatment court program (Sec. 129.006,
2606	2608		Government Code) . . . the amount necessary to cover the costs of
2607	2609		testing, counseling, or treatment; and
2608	2610		(10) a district court records archive fee for the
2609	2611		filing of a suit, including an appeal from an inferior court, or a
2610	2612		cross-action, counterclaim, intervention, contempt action, motion
2611	2613		for new trial, or third-party petition, in any court in the county
2612	2614		for which the district clerk accepts filings, if authorized by the
2613	2615		county commissioners court (Sec. 51.305, Government Code) . . . not
2614	2616		more than $5.
2615	2617		(b) Sections 103.02714 and 103.02715, Government Code, are
2616	2618		repealed.
2617	2619		ARTICLE 9. CHANGES RELATING TO HEALTH AND SAFETY CODE
2618	2620		SECTION 9.001. Section 364.034(a-1), Health and Safety
2619	2621		Code, as added by Chapters 70 (S.B. 1229) and 143 (H.B. 1584), Acts
2620	2622		of the 85th Legislature, Regular Session, 2017, is reenacted and
2621	2623		amended to read as follows:
2622	2624		(a-1) Notwithstanding Subsection (a)(2), a person is not
2623	2625		required to use solid waste disposal services offered by a county[,
2624	2626		as authorized under Section 364.011(a-1),] to persons in an area of
2625	2627		the county located within the extraterritorial jurisdiction of a
2626	2628		municipality that does not provide solid waste disposal services in
2627	2629		that area if:
2628	2630		(1) the person contracts for solid waste disposal
2629	2631		services with a provider that meets rules adopted by the commission
2630	2632		for the regulation of solid waste disposal; or
2631	2633		(2) the person is a private entity that contracts to
2632	2634		provide temporary solid waste disposal services to a construction
2633	2635		site or project by furnishing a roll-off container used to
2634	2636		transport construction waste or demolition debris to a facility for
2635	2637		disposal or recycling.
2636	2638		SECTION 9.002. Section 394.001(1), Health and Safety Code,
2637	2639		as amended and repealed by Chapter 755 (S.B. 1731), Acts of the 85th
2638	2640		Legislature, Regular Session, 2017, is reenacted to read as
2639	2641		follows:
2640	2642		(1) "Certified" includes:
2641	2643		(A) new vehicle or new engine certification by
2642	2644		the United States Environmental Protection Agency; or
2643	2645		(B) certification or approval by the United
2644	2646		States Environmental Protection Agency of a system to convert a
2645	2647		vehicle or engine to operate on an alternative fuel and a
2646	2648		demonstration by the emissions data used to certify or approve the
2647	2649		vehicle or engine, if the commission determines the testing used to
2648	2650		obtain the emissions data is consistent with the testing required
2649	2651		for approval of an alternative fuel conversion system for new and
2650	2652		relatively new vehicles or engines under 40 C.F.R. Part 85.
2651	2653		ARTICLE 10. CHANGES RELATING TO HUMAN RESOURCES CODE
2652	2654		SECTION 10.001. Sections 40.040(a) and (b), Human Resources
2653	2655		Code, as added by Chapter 1136 (H.B. 249), Acts of the 85th
2654	2656		Legislature, Regular Session, 2017, are repealed as duplicative of
2655	2657		Sections 40.040(a) and (b), Human Resources Code, as added by
2656	2658		Chapter 319 (S.B. 11), Acts of the 85th Legislature, Regular
2657	2659		Session, 2017.
2658	2660		SECTION 10.002. Section 40.0581(f), Human Resources Code,
2659	2661		as added by Chapter 1136 (H.B. 249), Acts of the 85th Legislature,
2660	2662		Regular Session, 2017, is repealed as duplicative of Section
2661	2663		40.0581(f), Human Resources Code, as added by Chapter 319 (S.B.
2662	2664		11), Acts of the 85th Legislature, Regular Session, 2017.
2663	2665		SECTION 10.003. Section 42.041(b), Human Resources Code, as
2664	2666		amended by Chapters 244 (H.B. 871) and 317 (H.B. 7), Acts of the
2665	2667		85th Legislature, Regular Session, 2017, is reenacted and amended
2666	2668		to read as follows:
2667	2669		(b) This section does not apply to:
2668	2670		(1) a state-operated facility;
2669	2671		(2) an agency foster home;
2670	2672		(3) a facility that is operated in connection with a
2671	2673		shopping center, business, religious organization, or
2672	2674		establishment where children are cared for during short periods
2673	2675		while parents or persons responsible for the children are attending
2674	2676		religious services, shopping, or engaging in other activities,
2675	2677		including retreats or classes for religious instruction, on or near
2676	2678		the premises, that does not advertise as a child-care facility or
2677	2679		day-care center, and that informs parents that it is not licensed by
2678	2680		the state;
2679	2681		(4) a school or class for religious instruction that
2680	2682		does not last longer than two weeks and is conducted by a religious
2681	2683		organization during the summer months;
2682	2684		(5) a youth camp licensed by the Department of State
2683	2685		Health Services;
2684	2686		(6) a facility licensed, operated, certified, or
2685	2687		registered by another state agency;
2686	2688		(7) an educational facility that is accredited by the
2687	2689		Texas Education Agency, the Southern Association of Colleges and
2688	2690		Schools, or an accreditation body that is a member of the Texas
2689	2691		Private School Accreditation Commission and that operates
2690	2692		primarily for educational purposes for prekindergarten and above, a
2691	2693		before-school or after-school program operated directly by an
2692	2694		accredited educational facility, or a before-school or
2693	2695		after-school program operated by another entity under contract with
2694	2696		the educational facility, if the Texas Education Agency, the
2695	2697		Southern Association of Colleges and Schools, or the other
2696	2698		accreditation body, as applicable, has approved the curriculum
2697	2699		content of the before-school or after-school program operated under
2698	2700		the contract;
2699	2701		(8) an educational facility that operates solely for
2700	2702		educational purposes for prekindergarten through at least grade
2701	2703		two, that does not provide custodial care for more than one hour
2702	2704		during the hours before or after the customary school day, and that
2703	2705		is a member of an organization that promulgates, publishes, and
2704	2706		requires compliance with health, safety, fire, and sanitation
2705	2707		standards equal to standards required by state, municipal, and
2706	2708		county codes;
2707	2709		(9) a kindergarten or preschool educational program
2708	2710		that is operated as part of a public school or a private school
2709	2711		accredited by the Texas Education Agency, that offers educational
2710	2712		programs through grade six, and that does not provide custodial
2711	2713		care during the hours before or after the customary school day;
2712	2714		(10) a family home, whether registered or listed;
2713	2715		(11) an educational facility that is integral to and
2714	2716		inseparable from its sponsoring religious organization or an
2715	2717		educational facility both of which do not provide custodial care
2716	2718		for more than two hours maximum per day, and that offers an
2717	2719		educational program in one or more of the following:
2718	2720		prekindergarten through at least grade three, elementary grades, or
2719	2721		secondary grades;
2720	2722		(12) an emergency shelter facility, other than a
2721	2723		facility that would otherwise require a license as a child-care
2722	2724		facility under this section, that provides shelter or care to a
2723	2725		minor and the minor's child or children, if any, under Section
2724	2726		32.201, Family Code, if the facility:
2725	2727		(A) is currently under a contract with a state or
2726	2728		federal agency; or
2727	2729		(B) meets the requirements listed under Section
2728	2730		51.005(b)(3);
2729	2731		(13) a juvenile detention facility certified under
2730	2732		Section 51.12, Family Code, a juvenile correctional facility
2731	2733		certified under Section 51.125, Family Code, a juvenile facility
2732	2734		providing services solely for the Texas Juvenile Justice
2733	2735		Department, or any other correctional facility for children
2734	2736		operated or regulated by another state agency or by a political
2735	2737		subdivision of the state;
2736	2738		(14) an elementary-age (ages 5-13) recreation program
2737	2739		operated by a municipality provided the governing body of the
2738	2740		municipality annually adopts standards of care by ordinance after a
2739	2741		public hearing for such programs, that such standards are provided
2740	2742		to the parents of each program participant, and that the ordinances
2741	2743		shall include, at a minimum, staffing ratios, minimum staff
2742	2744		qualifications, minimum facility, health, and safety standards,
2743	2745		and mechanisms for monitoring and enforcing the adopted local
2744	2746		standards; and further provided that parents be informed that the
2745	2747		program is not licensed by the state and the program may not be
2746	2748		advertised as a child-care facility;
2747	2749		(15) an annual youth camp held in a municipality with a
2748	2750		population of more than 1.5 million that operates for not more than
2749	2751		three months and that has been operated for at least 10 years by a
2750	2752		nonprofit organization that provides care for the homeless;
2751	2753		(16) a food distribution program that:
2752	2754		(A) serves an evening meal to children two years
2753	2755		of age or older; and
2754	2756		(B) is operated by a nonprofit food bank in a
2755	2757		nonprofit, religious, or educational facility for not more than two
2756	2758		hours a day on regular business days;
2757	2759		(17) a child-care facility that operates for less than
2758	2760		three consecutive weeks and less than 40 days in a period of 12
2759	2761		months;
2760	2762		(18) a program:
2761	2763		(A) in which a child receives direct instruction
2762	2764		in a single skill, talent, ability, expertise, or proficiency;
2763	2765		(B) that does not provide services or offerings
2764	2766		that are not directly related to the single talent, ability,
2765	2767		expertise, or proficiency;
2766	2768		(C) that does not advertise or otherwise
2767	2769		represent that the program is a child-care facility, day-care
2768	2770		center, or licensed before-school or after-school program or that
2769	2771		the program offers child-care services;
2770	2772		(D) that informs the parent or guardian:
2771	2773		(i) that the program is not licensed by the
2772	2774		state; and
2773	2775		(ii) about the physical risks a child may
2774	2776		face while participating in the program; and
2775	2777		(E) that conducts background checks for all
2776	2778		program employees and volunteers who work with children in the
2777	2779		program using information that is obtained from the Department of
2778	2780		Public Safety;
2779	2781		(19) an elementary-age (ages 5-13) recreation program
2780	2782		that:
2781	2783		(A) adopts standards of care, including
2782	2784		standards relating to staff ratios, staff training, health, and
2783	2785		safety;
2784	2786		(B) provides a mechanism for monitoring and
2785	2787		enforcing the standards and receiving complaints from parents of
2786	2788		enrolled children;
2787	2789		(C) does not advertise as or otherwise represent
2788	2790		the program as a child-care facility, day-care center, or licensed
2789	2791		before-school or after-school program or that the program offers
2790	2792		child-care services;
2791	2793		(D) informs parents that the program is not
2792	2794		licensed by the state;
2793	2795		(E) is organized as a nonprofit organization or
2794	2796		is located on the premises of a participant's residence;
2795	2797		(F) does not accept any remuneration other than a
2796	2798		nominal annual membership fee;
2797	2799		(G) does not solicit donations as compensation or
2798	2800		payment for any good or service provided as part of the program; and
2799	2801		(H) conducts background checks for all program
2800	2802		employees and volunteers who work with children in the program
2801	2803		using information that is obtained from the Department of Public
2802	2804		Safety;
2803	2805		(20) a living arrangement in a caretaker's home
2804	2806		involving one or more children or a sibling group, excluding
2805	2807		children who are related to the caretaker, in which the caretaker:
2806	2808		(A) had a prior relationship with the child or
2807	2809		sibling group or other family members of the child or sibling group;
2808	2810		(B) does not care for more than one unrelated
2809	2811		child or sibling group;
2810	2812		(C) does not receive compensation or solicit
2811	2813		donations for the care of the child or sibling group; and
2812	2814		(D) has a written agreement with the parent to
2813	2815		care for the child or sibling group;
2814	2816		(21) a living arrangement in a caretaker's home
2815	2817		involving one or more children or a sibling group, excluding
2816	2818		children who are related to the caretaker, in which:
2817	2819		(A) the department is the managing conservator of
2818	2820		the child or sibling group;
2819	2821		(B) the department placed the child or sibling
2820	2822		group in the caretaker's home; and
2821	2823		(C) the caretaker had a long-standing and
2822	2824		significant relationship with the child or sibling group before the
2823	2825		child or sibling group was placed with the caretaker;
2824	2826		(22) a living arrangement in a caretaker's home
2825	2827		involving one or more children or a sibling group, excluding
2826	2828		children who are related to the caretaker, in which the child is in
2827	2829		the United States on a time-limited visa under the sponsorship of
2828	2830		the caretaker or of a sponsoring organization;
2829	2831		(23) a facility operated by a nonprofit organization
2830	2832		that:
2831	2833		(A) does not otherwise operate as a child-care
2832	2834		facility that is required to be licensed under this section;
2833	2835		(B) provides emergency shelter and care for not
2834	2836		more than 15 days to children 13 years of age or older but younger
2835	2837		than 18 years of age who are victims of human trafficking alleged
2836	2838		under Section 20A.02, Penal Code;
2837	2839		(C) is located in a municipality with a
2838	2840		population of at least 600,000 that is in a county on an
2839	2841		international border; and
2840	2842		(D) meets one of the following criteria:
2841	2843		(i) is licensed by, or operates under an
2842	2844		agreement with, a state or federal agency to provide shelter and
2843	2845		care to children; or
2844	2846		(ii) meets the eligibility requirements for
2845	2847		a contract under Section 51.005(b)(3); [or]
2846	2848		(24) a facility that provides respite care exclusively
2847	2849		for a local mental health authority under a contract with the local
2848	2850		mental health authority; or
2849	2851		(25) [(24)] a living arrangement in a caretaker's home
2850	2852		involving one or more children or a sibling group in which the
2851	2853		caretaker:
2852	2854		(A) has a written authorization agreement under
2853	2855		Chapter 34, Family Code, with the parent of each child or sibling
2854	2856		group to care for each child or sibling group;
2855	2857		(B) does not care for more than six children,
2856	2858		excluding children who are related to the caretaker; and
2857	2859		(C) does not receive compensation for caring for
2858	2860		any child or sibling group.
2859	2861		ARTICLE 11. CHANGES RELATING TO NATURAL RESOURCES CODE
2860	2862		SECTION 11.001. Section 81.067(c), Natural Resources Code,
2861	2863		as amended by Chapters 57 (H.B. 1818), 72 (S.B. 1422), and 324 (S.B.
2862	2864		1488), Acts of the 85th Legislature, Regular Session, 2017, is
2863	2865		reenacted and amended to read as follows:
2864	2866		(c) The fund consists of:
2865	2867		(1) proceeds from bonds and other financial security
2866	2868		required by this chapter and benefits under well-specific plugging
2867	2869		insurance policies described by Section 91.104(c) that are paid to
2868	2870		the state as contingent beneficiary of the policies, subject to the
2869	2871		refund provisions of Section 91.1091, if applicable;
2870	2872		(2) private contributions, including contributions
2871	2873		made under Section 89.084;
2872	2874		(3) expenses collected under Section 89.083;
2873	2875		(4) fees imposed under Section 85.2021;
2874	2876		(5) costs recovered under Section 91.457 or 91.459;
2875	2877		(6) proceeds collected under Sections 89.085 and
2876	2878		91.115;
2877	2879		(7) interest earned on the funds deposited in the
2878	2880		fund;
2879	2881		(8) oil and gas waste hauler permit application fees
2880	2882		collected under Section 29.015, Water Code;
2881	2883		(9) costs recovered under Section 91.113(f);
2882	2884		(10) hazardous oil and gas waste generation fees
2883	2885		collected under Section 91.605;
2884	2886		(11) oil-field cleanup regulatory fees on oil
2885	2887		collected under Section 81.116;
2886	2888		(12) oil-field cleanup regulatory fees on gas
2887	2889		collected under Section 81.117;
2888	2890		(13) fees for a reissued certificate collected under
2889	2891		Section 91.707;
2890	2892		(14) fees collected under Section 91.1013;
2891	2893		(15) fees collected under Section 89.088;
2892	2894		(16) fees collected under Section 91.142;
2893	2895		(17) fees collected under Section 91.654;
2894	2896		(18) costs recovered under Sections 91.656 and 91.657;
2895	2897		(19) fees collected under Section 81.0521;
2896	2898		(20) fees collected under Sections 89.024 and 89.026;
2897	2899		(21) legislative appropriations;
2898	2900		(22) any surcharges collected under Section 81.070;
2899	2901		(23) fees collected under Section 91.0115;
2900	2902		(24) fees collected under Subchapter E, Chapter 121,
2901	2903		Utilities Code;
2902	2904		(25) fees collected under Section 27.0321, Water Code;
2903	2905		[and]
2904	2906		(26) fees collected under Section 81.071; and
2905	2907		(27) [(26)] money collected under Section 81.021.
2906	2908		ARTICLE 12. CHANGES RELATING TO OCCUPATIONS CODE
2907	2909		SECTION 12.001. Section 562.110(i), Occupations Code, as
2908	2910		added by Chapter 485 (H.B. 2561), Acts of the 85th Legislature,
2909	2911		Regular Session, 2017, is repealed as duplicative of Section
2910	2912		562.110(k), Occupations Code.
2911	2913		SECTION 12.002. Section 2308.151(b), Occupations Code, as
2912	2914		added by Chapters 919 (S.B. 1501) and 967 (S.B. 2065), Acts of the
2913	2915		85th Legislature, Regular Session, 2017, is reenacted and amended
2914	2916		to read as follows:
2915	2917		(b) Unless [a person is] prohibited by a local authority
2916	2918		under Section 2308.2085, a person may:
2917	2919		(1) perform booting operations; and
2918	2920		(2) operate a booting company.
2919	2921		SECTION 12.003. Section 2308.205(a), Occupations Code, as
2920	2922		amended by Chapters 919 (S.B. 1501) and 967 (S.B. 2065), Acts of the
2921	2923		85th Legislature, Regular Session, 2017, is reenacted to read as
2922	2924		follows:
2923	2925		(a) A towing company that makes a nonconsent tow shall tow
2924	2926		the vehicle to a vehicle storage facility that is operated by a
2925	2927		person who holds a license to operate the facility under Chapter
2926	2928		2303, unless:
2927	2929		(1) the towing company agrees to take the vehicle to a
2928	2930		location designated by the vehicle's owner; or
2929	2931		(2) the vehicle is towed under:
2930	2932		(A) rules adopted under Subsection (a-1); or
2931	2933		(B) Section 2308.259(b).
2932	2934		ARTICLE 13. CHANGES RELATING TO PENAL CODE
2933	2935		SECTION 13.001. Sections 46.05(a) and (e), Penal Code, as
2934	2936		amended by Chapters 155 (H.B. 1819) and 814 (H.B. 913), Acts of the
2935	2937		85th Legislature, Regular Session, 2017, are reenacted and amended
2936	2938		to read as follows:
2937	2939		(a) A person commits an offense if the person intentionally
2938	2940		or knowingly possesses, manufactures, transports, repairs, or
2939	2941		sells:
2940	2942		(1) any of the following items, unless the item is
2941	2943		registered in the National Firearms Registration and Transfer
2942	2944		Record maintained by the Bureau of Alcohol, Tobacco, Firearms and
2943	2945		Explosives or otherwise not subject to that registration
2944	2946		requirement or unless the item is classified as a curio or relic by
2945	2947		the United States Department of Justice:
2946	2948		(A) an explosive weapon;
2947	2949		(B) a machine gun; or
2948	2950		(C) a short-barrel firearm;
2949	2951		(2) knuckles;
2950	2952		(3) armor-piercing ammunition;
2951	2953		(4) a chemical dispensing device;
2952	2954		(5) a zip gun;
2953	2955		(6) a tire deflation device; [or]
2954	2956		(7) a firearm silencer, unless the firearm silencer is
2955	2957		classified as a curio or relic by the United States Department of
2956	2958		Justice or the actor otherwise possesses, manufactures,
2957	2959		transports, repairs, or sells the firearm silencer in compliance
2958	2960		with federal law; or
2959	2961		(8) [(7)] an improvised explosive device.
2960	2962		(e) An offense under Subsection (a)(1), (3), (4), (5), [or]
2961	2963		(7), or (8) is a felony of the third degree. An offense under
2962	2964		Subsection (a)(6) is a state jail felony. An offense under
2963	2965		Subsection (a)(2) is a Class A misdemeanor.
2964	2966		ARTICLE 14. CHANGES RELATING TO TAX CODE
2965	2967		SECTION 14.001. Sections 5.102(d) and (e), Tax Code, are
2966	2968		amended to conform to Chapter 450 (H.B. 2447), Acts of the 81st
2967	2969		Legislature, Regular Session, 2009, to read as follows:
2968	2970		(d) If the appraisal district fails to comply with the
2969	2971		recommendations in the report and the comptroller finds that the
2970	2972		board of directors of the appraisal district failed to take
2971	2973		remedial action reasonably designed to ensure substantial
2972	2974		compliance with each recommendation in the report before the first
2973	2975		anniversary of the date the report was issued, the comptroller
2974	2976		shall notify the Texas Department of Licensing and Regulation
2975	2977		[Board of Tax Professional Examiners], or a successor to the
2976	2978		department [board], which shall take action necessary to ensure
2977	2979		that the recommendations in the report are implemented as soon as
2978	2980		practicable.
2979	2981		(e) Before February 1 of the year following the year in
2980	2982		which the Texas Department of Licensing and Regulation [Board of
2981	2983		Tax Professional Examiners], or its successor, takes action under
2982	2984		Subsection (d), and with the assistance of the comptroller, the
2983	2985		department [board] shall determine whether the recommendations in
2984	2986		the most recent report have been substantially implemented. The
2985	2987		executive director [presiding officer] of the department [board]
2986	2988		shall notify the chief appraiser and the board of directors of the
2987	2989		appraisal district in writing of the department's [board's]
2988	2990		determination.
2989	2991		SECTION 14.002. Section 25.025(a), Tax Code, as amended by
2990	2992		Chapters 34 (S.B. 1576), 41 (S.B. 256), 193 (S.B. 510), 1006 (H.B.
2991	2993		1278), and 1145 (H.B. 457), Acts of the 85th Legislature, Regular
2992	2994		Session, 2017, is reenacted and amended to read as follows:
2993	2995		(a) This section applies only to:
2994	2996		(1) a current or former peace officer as defined by
2995	2997		Article 2.12, Code of Criminal Procedure, and the spouse or
2996	2998		surviving spouse of the peace officer;
2997	2999		(2) the adult child of a current peace officer as
2998	3000		defined by Article 2.12, Code of Criminal Procedure;
2999	3001		(3) a county jailer as defined by Section 1701.001,
3000	3002		Occupations Code;
3001	3003		(4) an employee of the Texas Department of Criminal
3002	3004		Justice;
3003	3005		(5) a commissioned security officer as defined by
3004	3006		Section 1702.002, Occupations Code;
3005	3007		(6) an individual who shows that the individual, the
3006	3008		individual's child, or another person in the individual's household
3007	3009		is a victim of family violence as defined by Section 71.004, Family
3008	3010		Code, by providing:
3009	3011		(A) a copy of a protective order issued under
3010	3012		Chapter 85, Family Code, or a magistrate's order for emergency
3011	3013		protection issued under Article 17.292, Code of Criminal Procedure;
3012	3014		or
3013	3015		(B) other independent documentary evidence
3014	3016		necessary to show that the individual, the individual's child, or
3015	3017		another person in the individual's household is a victim of family
3016	3018		violence;
3017	3019		(7) [(6)] an individual who shows that the individual,
3018	3020		the individual's child, or another person in the individual's
3019	3021		household is a victim of sexual assault or abuse, stalking, or
3020	3022		trafficking of persons by providing:
3021	3023		(A) a copy of a protective order issued under
3022	3024		Chapter 7A or Article 6.09, Code of Criminal Procedure, or a
3023	3025		magistrate's order for emergency protection issued under Article
3024	3026		17.292, Code of Criminal Procedure; or
3025	3027		(B) other independent documentary evidence
3026	3028		necessary to show that the individual, the individual's child, or
3027	3029		another person in the individual's household is a victim of sexual
3028	3030		assault or abuse, stalking, or trafficking of persons;
3029	3031		(8) [(7)] a participant in the address
3030	3032		confidentiality program administered by the attorney general under
3031	3033		Subchapter C, Chapter 56, Code of Criminal Procedure, who provides
3032	3034		proof of certification under Article 56.84, Code of Criminal
3033	3035		Procedure;
3034	3036		(9) [(8)] a federal judge, a state judge, or the
3035	3037		spouse of a federal judge or state judge;
3036	3038		(10) a current or former district attorney, criminal
3037	3039		district attorney, or county or municipal attorney whose
3038	3040		jurisdiction includes any criminal law or child protective services
3039	3041		matters;
3040	3042		(11) [(9)] a current or former employee of a district
3041	3043		attorney, criminal district attorney, or county or municipal
3042	3044		attorney whose jurisdiction includes any criminal law or child
3043	3045		protective services matters;
3044	3046		(12) [(10)] an officer or employee of a community
3045	3047		supervision and corrections department established under Chapter
3046	3048		76, Government Code, who performs a duty described by Section
3047	3049		76.004(b) of that code;
3048	3050		(13) [(11)] a criminal investigator of the United
3049	3051		States as described by Article 2.122(a), Code of Criminal
3050	3052		Procedure;
3051	3053		(14) [(12)] a police officer or inspector of the
3052	3054		United States Federal Protective Service;
3053	3055		(15) [(13)] a current or former United States attorney
3054	3056		or assistant United States attorney and the spouse and child of the
3055	3057		attorney;
3056	3058		(16) [(14)] a current or former employee of the office
3057	3059		of the attorney general who is or was assigned to a division of that
3058	3060		office the duties of which involve law enforcement;
3059	3061		(17) [(15)] a medical examiner or person who performs
3060	3062		forensic analysis or testing who is employed by this state or one or
3061	3063		more political subdivisions of this state;
3062	3064		(18) [(16)] a current or former member of the United
3063	3065		States armed forces who has served in an area that the president of
3064	3066		the United States by executive order designates for purposes of 26
3065	3067		U.S.C. Section 112 as an area in which armed forces of the United
3066	3068		States are or have engaged in combat;
3067	3069		(19) [(17)] a current or former employee of the Texas
3068	3070		Juvenile Justice Department or of the predecessors in function of
3069	3071		the department;
3070	3072		(20) [(18)] a current or former juvenile probation or
3071	3073		supervision officer certified by the Texas Juvenile Justice
3072	3074		Department, or the predecessors in function of the department,
3073	3075		under Title 12, Human Resources Code;
3074	3076		(21) [(19)] a current or former employee of a juvenile
3075	3077		justice program or facility, as those terms are defined by Section
3076	3078		261.405, Family Code; [and]
3077	3079		(22) [(18)] a current or former employee of the Texas
3078	3080		Civil Commitment Office or of the predecessor in function of the
3079	3081		office or a division of the office; and
3080	3082		(23) [(18)] a current or former employee of a federal
3081	3083		judge or state judge.
3082	3084		SECTION 14.003. Section 351.101(a), Tax Code, as amended by
3083	3085		Chapters 53 (S.B. 1365), 267 (H.B. 1896), 324 (S.B. 1488), and 785
3084	3086		(H.B. 2445), Acts of the 85th Legislature, Regular Session, 2017,
3085	3087		is reenacted and amended to read as follows:
3086	3088		(a) Revenue from the municipal hotel occupancy tax may be
3087	3089		used only to promote tourism and the convention and hotel industry,
3088	3090		and that use is limited to the following:
3089	3091		(1) the acquisition of sites for and the construction,
3090	3092		improvement, enlarging, equipping, repairing, operation, and
3091	3093		maintenance of convention center facilities or visitor information
3092	3094		centers, or both;
3093	3095		(2) the furnishing of facilities, personnel, and
3094	3096		materials for the registration of convention delegates or
3095	3097		registrants;
3096	3098		(3) advertising and conducting solicitations and
3097	3099		promotional programs to attract tourists and convention delegates
3098	3100		or registrants to the municipality or its vicinity;
3099	3101		(4) the encouragement, promotion, improvement, and
3100	3102		application of the arts, including instrumental and vocal music,
3101	3103		dance, drama, folk art, creative writing, architecture, design and
3102	3104		allied fields, painting, sculpture, photography, graphic and craft
3103	3105		arts, motion pictures, radio, television, tape and sound recording,
3104	3106		and other arts related to the presentation, performance, execution,
3105	3107		and exhibition of these major art forms;
3106	3108		(5) historical restoration and preservation projects
3107	3109		or activities or advertising and conducting solicitations and
3108	3110		promotional programs to encourage tourists and convention
3109	3111		delegates to visit preserved historic sites or museums:
3110	3112		(A) at or in the immediate vicinity of convention
3111	3113		center facilities or visitor information centers; or
3112	3114		(B) located elsewhere in the municipality or its
3113	3115		vicinity that would be frequented by tourists and convention
3114	3116		delegates;
3115	3117		(6) expenses, including promotion expenses, directly
3116	3118		related to a sporting event in which the majority of participants
3117	3119		are tourists who substantially increase economic activity at hotels
3118	3120		and motels within the municipality or its vicinity if:
3119	3121		(A) the municipality is located in a county with
3120	3122		a population of one million or less; or
3121	3123		(B) the municipality has a population of more
3122	3124		than 67,000 and is located in two counties with 90 percent of the
3123	3125		municipality's territory located in a county with a population of
3124	3126		at least 580,000, and the remaining territory located in a county
3125	3127		with a population of at least four million;
3126	3128		(7) subject to Section 351.1076, the promotion of
3127	3129		tourism by the enhancement and upgrading of existing sports
3128	3130		facilities or fields if:
3129	3131		(A) the municipality owns the facilities or
3130	3132		fields;
3131	3133		(B) the municipality:
3132	3134		(i) has a population of 80,000 or more and
3133	3135		is located in a county that has a population of 350,000 or less;
3134	3136		(ii) has a population of at least 75,000 but
3135	3137		not more than 95,000 and is located in a county that has a
3136	3138		population of less than 200,000 but more than 160,000;
3137	3139		(iii) has a population of at least 36,000
3138	3140		but not more than 39,000 and is located in a county that has a
3139	3141		population of 100,000 or less that is not adjacent to a county with
3140	3142		a population of more than two million;
3141	3143		(iv) has a population of at least 13,000 but
3142	3144		less than 39,000 and is located in a county that has a population of
3143	3145		at least 200,000;
3144	3146		(v) has a population of at least 70,000 but
3145	3147		less than 90,000 and no part of which is located in a county with a
3146	3148		population greater than 150,000;
3147	3149		(vi) is located in a county that:
3148	3150		(a) is adjacent to the Texas-Mexico
3149	3151		border;
3150	3152		(b) has a population of at least
3151	3153		500,000; and
3152	3154		(c) does not have a municipality with
3153	3155		a population greater than 500,000;
3154	3156		(vii) has a population of at least 25,000
3155	3157		but not more than 26,000 and is located in a county that has a
3156	3158		population of 90,000 or less;
3157	3159		(viii) is located in a county that has a
3158	3160		population of not more than 300,000 and in which a component
3159	3161		university of the University of Houston System is located;
3160	3162		(ix) has a population of at least 40,000 and
3161	3163		the San Marcos River flows through the municipality; [or]
3162	3164		(x) has a population of more than 67,000 and
3163	3165		is located in two counties with 90 percent of the municipality's
3164	3166		territory located in a county with a population of at least 580,000,
3165	3167		and the remaining territory located in a county with a population of
3166	3168		at least four million; or
3167	3169		(xi) [(x)] contains an intersection of
3168	3170		Interstates 35E and 35W and at least two public universities; and
3169	3171		(C) the sports facilities and fields have been
3170	3172		used, in the preceding calendar year, a combined total of more than
3171	3173		10 times for district, state, regional, or national sports
3172	3174		tournaments;
3173	3175		(8) for a municipality with a population of at least
3174	3176		70,000 but less than 90,000, no part of which is located in a county
3175	3177		with a population greater than 150,000, the construction,
3176	3178		improvement, enlarging, equipping, repairing, operation, and
3177	3179		maintenance of a coliseum or multiuse facility;
3178	3180		(9) signage directing the public to sights and
3179	3181		attractions that are visited frequently by hotel guests in the
3180	3182		municipality;
3181	3183		(10) the construction, improvement, enlarging,
3182	3184		equipping, repairing, operation, and maintenance of a coliseum or
3183	3185		multiuse facility, if the municipality:
3184	3186		(A) has a population of at least 90,000 but less
3185	3187		than 120,000; and
3186	3188		(B) is located in two counties, at least one of
3187	3189		which contains the headwaters of the San Gabriel River; and
3188	3190		(11) for a municipality with a population of more than
3189	3191		175,000 but less than 225,000 that is located in two counties, each
3190	3192		of which has a population of less than 200,000, the construction,
3191	3193		improvement, enlarging, equipping, repairing, operation, and
3192	3194		maintenance of a coliseum or multiuse facility and related
3193	3195		infrastructure or a venue, as defined by Section 334.001(4), Local
3194	3196		Government Code, that is related to the promotion of tourism.
3195	3197		ARTICLE 15. CHANGES RELATING TO TRANSPORTATION CODE
3196	3198		SECTION 15.001. Section 501.072(e), Transportation Code,
3197	3199		as added by Chapter 969 (S.B. 2076), Acts of the 85th Legislature,
3198	3200		Regular Session, 2017, is repealed as duplicative of Section
3199	3201		501.072(e), Transportation Code, as added by Chapter 395 (S.B.
3200	3202		1062), Acts of the 85th Legislature, Regular Session, 2017.
3201	3203		SECTION 15.002. Section 522.035, Transportation Code, as
3202	3204		added by Chapter 21 (S.B. 128), Acts of the 85th Legislature,
3203	3205		Regular Session, 2017, is repealed as duplicative of Section
3204	3206		522.035, Transportation Code, as added by Chapter 685 (H.B. 29),
3205	3207		Acts of the 85th Legislature, Regular Session, 2017.
3206	3208		SECTION 15.003. Section 545.424(c), Transportation Code,
3207	3209		as amended by Chapters 438 (H.B. 62) and 1059 (H.B. 3050), Acts of
3208	3210		the 85th Legislature, Regular Session, 2017, is reenacted to read
3209	3211		as follows:
3210	3212		(c) Subsection (a-1) does not apply to a person operating a
3211	3213		motor vehicle while accompanied in the manner required by Section
3212	3214		521.222(d)(2) for the holder of a learner license.
3213	3215		SECTION 15.004. Section 644.101(b), Transportation Code,
3214	3216		as amended by Chapters 138 (H.B. 1355), 142 (H.B. 1570), and 324
3215	3217		(S.B. 1488), Acts of the 85th Legislature, Regular Session, 2017,
3216	3218		is reenacted and amended to read as follows:
3217	3219		(b) A police officer of any of the following municipalities
3218	3220		is eligible to apply for certification under this section:
3219	3221		(1) a municipality with a population of 50,000 or
3220	3222		more;
3221	3223		(2) a municipality with a population of 25,000 or more
3222	3224		any part of which is located in a county with a population of
3223	3225		500,000 or more;
3224	3226		(3) a municipality with a population of less than
3225	3227		25,000:
3226	3228		(A) any part of which is located in a county with
3227	3229		a population of 3.3 million; and
3228	3230		(B) that contains or is adjacent to an
3229	3231		international port;
3230	3232		(4) a municipality with a population of at least
3231	3233		34,000 that is located in a county that borders two or more states;
3232	3234		(5) a municipality any part of which is located in a
3233	3235		county bordering the United Mexican States;
3234	3236		(6) a municipality with a population of less than
3235	3237		5,000 that is located:
3236	3238		(A) adjacent to a bay connected to the Gulf of
3237	3239		Mexico; and
3238	3240		(B) in a county adjacent to a county with a
3239	3241		population greater than 3.3 million;
3240	3242		(7) a municipality that is located:
3241	3243		(A) within 25 miles of an international port; and
3242	3244		(B) in a county that does not contain a highway
3243	3245		that is part of the national system of interstate and defense
3244	3246		highways and is adjacent to a county with a population greater than
3245	3247		3.3 million;
3246	3248		(8) a municipality with a population of less than
3247	3249		8,500 that:
3248	3250		(A) is the county seat; and
3249	3251		(B) contains a highway that is part of the
3250	3252		national system of interstate and defense highways;
3251	3253		(9) a municipality located in a county with a
3252	3254		population between 60,000 and 66,000 adjacent to a bay connected to
3253	3255		the Gulf of Mexico;
3254	3256		(10) a municipality with a population of more than
3255	3257		40,000 and less than 50,000 that is located in a county with a
3256	3258		population of more than 285,000 and less than 300,000 that borders
3257	3259		the Gulf of Mexico; [or]
3258	3260		(11) a municipality with a population between 18,000
3259	3261		and 18,500 that is located entirely in a county that:
3260	3262		(A) has a population of less than 200,000;
3261	3263		(B) is adjacent to two counties that each have a
3262	3264		population of more than 1.2 million; and
3263	3265		(C) contains two highways that are part of the
3264	3266		national system of interstate and defense highways; or
3265	3267		(12) [(11)] a municipality with a population of more
3266	3268		than 3,000 and less than 10,000 that:
3267	3269		(A) contains a highway that is part of the
3268	3270		national system of interstate and defense highways; and
3269	3271		(B) is located in a county with a population
3270	3272		between 150,000 and 155,000.
3271	3273		SECTION 15.005. Sections 663.037(d) and (g),
3272	3274		Transportation Code, as amended by Chapters 125 (H.B. 920) and 1052
3273	3275		(H.B. 1956), Acts of the 85th Legislature, Regular Session, 2017,
3274	3276		are reenacted to read as follows:
3275	3277		(d) The operator of an off-highway vehicle may drive the
3276	3278		vehicle on a public street, road, or highway that is not an
3277	3279		interstate or limited-access highway if:
3278	3280		(1) the transportation is in connection with:
3279	3281		(A) the production, cultivation, care,
3280	3282		harvesting, preserving, drying, processing, canning, storing,
3281	3283		handling, shipping, marketing, selling, or use of agricultural
3282	3284		products, as defined by Section 52.002, Agriculture Code; or
3283	3285		(B) utility work performed by a utility;
3284	3286		(2) the operator attaches to the back of the vehicle a
3285	3287		triangular orange flag that is at least six feet above ground level;
3286	3288		(3) the vehicle's headlights and taillights are
3287	3289		illuminated;
3288	3290		(4) the operator holds a driver's license, as defined
3289	3291		by Section 521.001;
3290	3292		(5) the operation of the vehicle occurs in the
3291	3293		daytime; and
3292	3294		(6) the operation of the vehicle does not exceed a
3293	3295		distance of 25 miles from the point of origin to the destination.
3294	3296		(g) A peace officer or other person who provides law
3295	3297		enforcement, firefighting, ambulance, medical, or other emergency
3296	3298		services, including a volunteer firefighter, may operate an
3297	3299		off-highway vehicle on a public street, road, or highway that is not
3298	3300		an interstate or limited-access highway only if:
3299	3301		(1) the transportation is in connection with the
3300	3302		performance of the operator's official duty;
3301	3303		(2) the operator attaches to the back of the vehicle a
3302	3304		triangular orange flag that is at least six feet above ground level;
3303	3305		(3) the vehicle's headlights and taillights are
3304	3306		illuminated;
3305	3307		(4) the operator holds a driver's license, as defined
3306	3308		by Section 521.001; and
3307	3309		(5) the operation of the vehicle does not exceed a
3308	3310		distance of 10 miles from the point of origin to the destination.
3309	3311		ARTICLE 16. CHANGES RELATING TO UTILITIES CODE
3310	3312		SECTION 16.001. Section 39.002, Utilities Code, is amended
3311	3313		to correct a reference to read as follows:
3312	3314		Sec. 39.002. APPLICABILITY. This chapter, other than
3313	3315		Sections 39.155, 39.157(e), 39.203, [39.903,] 39.904, 39.9051,
3314	3316		39.9052, and 39.914(e), does not apply to a municipally owned
3315	3317		utility or an electric cooperative. Sections 39.157(e), 39.203, and
3316	3318		39.904, however, apply only to a municipally owned utility or an
3317	3319		electric cooperative that is offering customer choice. If there is
3318	3320		a conflict between the specific provisions of this chapter and any
3319	3321		other provisions of this title, except for Chapters 40 and 41, the
3320	3322		provisions of this chapter control.
3321	3323		SECTION 16.002. Section 39.352(g), Utilities Code, is
3322	3324		amended to correct a reference to read as follows:
3323	3325		(g) If a retail electric provider serves an aggregate load
3324	3326		in excess of 300 megawatts within this state, not less than five
3325	3327		percent of the load in megawatt hours must consist of residential
3326	3328		customers. This requirement applies to an affiliated retail
3327	3329		electric provider only with respect to load served outside of the
3328	3330		electric utility's service area, and, in relation to that load, the
3329	3331		affiliated retail electric provider shall meet the requirements of
3330	3332		this subsection by serving residential customers outside of the
3331	3333		electric utility's service area. For the purpose of this
3332	3334		subsection, the load served by retail electric providers that are
3333	3335		under common ownership shall be combined. A retail electric
3334	3336		provider may meet the requirements of this subsection by
3335	3337		demonstrating on an annual basis that it serves residential load
3336	3338		amounting to five percent of its total load or[,] by demonstrating
3337	3339		that another retail electric provider serves sufficient qualifying
3338	3340		residential load on its behalf[, or by paying an amount into the
3339	3341		system benefit fund equal to $1 multiplied by a number equal to the
3340	3342		difference between the number of megawatt hours it sold to
3341	3343		residential customers and the number of megawatt hours it was
3342	3344		required to sell to such customers, or in the case of an affiliated
3343	3345		retail electric provider, $1 multiplied by a number equal to the
3344	3346		difference between the number of megawatt hours sold to residential
3345	3347		customers outside of the electric utility's service area and the
3346	3348		number of megawatt hours it was required to sell to such customers
3347	3349		outside of the electric utility's service area]. Qualifying
3348	3350		residential load may not include customers served by an affiliated
3349	3351		retail electric provider in its own service area. Each retail
3350	3352		electric provider shall file reports with the commission that are
3351	3353		necessary to implement this subsection. This subsection applies
3352	3354		for 36 months after retail competition begins. The commission
3353	3355		shall adopt rules to implement this subsection.
3354	3356		SECTION 16.003. Section 39.905(f), Utilities Code, is
3355	3357		amended to correct a reference to read as follows:
3356	3358		(f) Each [Unless funding is provided under Section 39.903,
3357	3359		each] unbundled transmission and distribution utility shall
3358	3360		include in its energy efficiency plan a targeted low-income energy
3359	3361		efficiency program [as described by Section 39.903(f)(2)], and the
3360	3362		savings achieved by the program shall count toward the transmission
3361	3363		and distribution utility's energy efficiency goal. The commission
3362	3364		shall determine the appropriate level of funding to be allocated to
3363	3365		both targeted and standard offer low-income energy efficiency
3364	3366		programs in each unbundled transmission and distribution utility
3365	3367		service area. The level of funding for low-income energy
3366	3368		efficiency programs shall be provided from money approved by the
3367	3369		commission for the transmission and distribution utility's energy
3368	3370		efficiency programs. The commission shall ensure that annual
3369	3371		expenditures for the targeted low-income energy efficiency
3370	3372		programs of each unbundled transmission and distribution utility
3371	3373		are not less than 10 percent of the transmission and distribution
3372	3374		utility's energy efficiency budget for the year. A targeted
3373	3375		low-income energy efficiency program must comply with the same
3374	3376		audit requirements that apply to federal weatherization
3375	3377		subrecipients. In an energy efficiency cost recovery factor
3376	3378		proceeding related to expenditures under this subsection, the
3377	3379		commission shall make findings of fact regarding whether the
3378	3380		utility meets requirements imposed under this subsection. The
3379	3381		state agency that administers the federal weatherization
3380	3382		assistance program shall participate in energy efficiency cost
3381	3383		recovery factor proceedings related to expenditures under this
3382	3384		subsection to ensure that targeted low-income weatherization
3383	3385		programs are consistent with federal weatherization programs and
3384	3386		adequately funded.
3385	3387		SECTION 16.004. Section 40.001(a), Utilities Code, is
3386	3388		amended to correct a reference to read as follows:
3387	3389		(a) Notwithstanding any other provision of law, except
3388	3390		Sections 39.155, 39.157(e), 39.203, [39.903,] and 39.904, this
3389	3391		chapter governs the transition to and the establishment of a fully
3390	3392		competitive electric power industry for municipally owned
3391	3393		utilities. With respect to the regulation of municipally owned
3392	3394		utilities, this chapter controls over any other provision of this
3393	3395		title, except for sections in which the term "municipally owned
3394	3396		utility" is specifically used.
3395	3397		SECTION 16.005. Section 40.004, Utilities Code, is amended
3396	3398		to correct a reference to read as follows:
3397	3399		Sec. 40.004. JURISDICTION OF COMMISSION. Except as
3398	3400		specifically otherwise provided in this chapter, the commission has
3399	3401		jurisdiction over municipally owned utilities only for the
3400	3402		following purposes:
3401	3403		(1) to regulate wholesale transmission rates and
3402	3404		service, including terms of access, to the extent provided by
3403	3405		Subchapter A, Chapter 35;
3404	3406		(2) to regulate certification of retail service areas
3405	3407		to the extent provided by Chapter 37;
3406	3408		(3) to regulate rates on appeal under Subchapters D
3407	3409		and E, Chapter 33, subject to Section 40.051(c);
3408	3410		(4) to establish a code of conduct as provided by
3409	3411		Section 39.157(e) applicable to anticompetitive activities and to
3410	3412		affiliate activities limited to structurally unbundled affiliates
3411	3413		of municipally owned utilities, subject to Section 40.054;
3412	3414		(5) to establish terms and conditions for open access
3413	3415		to transmission and distribution facilities for municipally owned
3414	3416		utilities providing customer choice, as provided by Section 39.203;
3415	3417		(6) [to require collection of the nonbypassable fee
3416	3418		established under Section 39.903(b) and] to administer the
3417	3419		renewable energy credits program under Section 39.904(b) and the
3418	3420		natural gas energy credits program under Section 39.9044(b); and
3419	3421		(7) to require reports of municipally owned utility
3420	3422		operations only to the extent necessary to:
3421	3423		(A) enable the commission to determine the
3422	3424		aggregate load and energy requirements of the state and the
3423	3425		resources available to serve that load; or
3424	3426		(B) enable the commission to determine
3425	3427		information relating to market power as provided by Section 39.155.
3426	3428		SECTION 16.006. Section 41.001, Utilities Code, is amended
3427	3429		to correct a reference to read as follows:
3428	3430		Sec. 41.001. APPLICABLE LAW. Notwithstanding any other
3429	3431		provision of law, except Sections 39.155, 39.157(e), 39.203,
3430	3432		[39.903,] and 39.904, this chapter governs the transition to and
3431	3433		the establishment of a fully competitive electric power industry
3432	3434		for electric cooperatives. Regarding the regulation of electric
3433	3435		cooperatives, this chapter shall control over any other provision
3434	3436		of this title, except for sections in which the term "electric
3435	3437		cooperative" is specifically used.
3436	3438		ARTICLE 17. CHANGES RELATING TO WATER CODE
3437	3439		SECTION 17.001. Section 11.122(b-1), Water Code, as added
3438	3440		by Chapter 1097 (H.B. 3735), Acts of the 85th Legislature, Regular
3439	3441		Session, 2017, is repealed as duplicative of Section 11.122(b-1),
3440	3442		Water Code, as added by Chapter 429 (S.B. 1430), Acts of the 85th
3441	3443		Legislature, Regular Session, 2017.
3442	3444		SECTION 17.002. Section 54.016(a), Water Code, as amended
3443	3445		by Chapters 761 (S.B. 1987) and 965 (S.B. 2014), Acts of the 85th
3444	3446		Legislature, Regular Session, 2017, is reenacted to read as
3445	3447		follows:
3446	3448		(a) No land within the corporate limits of a city or within
3447	3449		the extraterritorial jurisdiction of a city, shall be included in a
3448	3450		district unless the city grants its written consent, by resolution
3449	3451		or ordinance, to the inclusion of the land within the district in
3450	3452		accordance with Section 42.042, Local Government Code, and this
3451	3453		section. The request to a city for its written consent to the
3452	3454		creation of a district, shall be signed by a majority in value of
3453	3455		the holders of title of the land within the proposed district as
3454	3456		indicated by the county tax rolls. A petition for the written
3455	3457		consent of a city to the inclusion of land within a district shall
3456	3458		describe the boundaries of the land to be included in the district
3457	3459		by metes and bounds or by lot and block number, if there is a
3458	3460		recorded map or plat and survey of the area, and state the general
3459	3461		nature of the work proposed to be done, the necessity for the work,
3460	3462		and the cost of the project as then estimated by those filing the
3461	3463		petition. If, at the time a petition is filed with a city for
3462	3464		creation of a district, the district proposes to connect to a city's
3463	3465		water or sewer system or proposes to contract with a regional water
3464	3466		and wastewater provider which has been designated as such by the
3465	3467		commission as of the date such petition is filed, to which the city
3466	3468		has made a capital contribution for the water and wastewater
3467	3469		facilities serving the area, the proposed district shall be
3468	3470		designated as a "city service district." If such proposed district
3469	3471		does not meet the criteria for a city service district at the time
3470	3472		the petition seeking creation is filed, such district shall be
3471	3473		designated as a "noncity service district." The city's consent
3472	3474		shall not place any restrictions or conditions on the creation of a
3473	3475		noncity service district as defined by this chapter other than
3474	3476		those expressly provided in Subsection (e) of this section and
3475	3477		shall specifically not limit the amounts of the district's bonds. A
3476	3478		city may not require annexation as a consent to creation of any
3477	3479		district. A city shall not refuse to approve a district bond issue
3478	3480		for any reason except that the district is not in compliance with
3479	3481		valid consent requirements applicable to the district. If a city
3480	3482		grants its written consent without the concurrence of the applicant
3481	3483		to the creation of a noncity service district containing conditions
3482	3484		or restrictions that the petitioning land owner or owners
3483	3485		reasonably believe exceed the city's powers, such land owner or
3484	3486		owners may petition the commission to create the district and to
3485	3487		modify the conditions and restrictions of the city's consent. The
3486	3488		commission may declare any provision of the consent to be null and
3487	3489		void. The commission may approve the creation of a district that
3488	3490		includes any portion of the land covered by the city's consent to
3489	3491		creation of the district. The legislature may create and may
3490	3492		validate the creation of a district that includes any portion of the
3491	3493		land covered by the city's consent to the creation of the district.
3492	3494		SECTION 17.003. Section 62.153, Water Code, as amended by
3493	3495		Chapters 398 (S.B. 1131) and 427 (S.B. 1395), Acts of the 85th
3494	3496		Legislature, Regular Session, 2017, is reenacted to read as
3495	3497		follows:
3496	3498		Sec. 62.153. DUTIES OF DISTRICT TREASURER; AUTHORITY OF
3497	3499		DESIGNATED OFFICER. (a) The district treasurer shall:
3498	3500		(1) open an account for all funds received by the
3499	3501		district treasurer for the district and all district funds which
3500	3502		the treasurer pays out;
3501	3503		(2) pay out money on vouchers signed by the chairman of
3502	3504		the commission, any two members of the commission, or the
3503	3505		commissioners court, or any two of any number of persons delegated
3504	3506		by the commission with authority to sign vouchers, provided that
3505	3507		the commission may, in such delegation, limit the authority of such
3506	3508		persons and may require that each furnish a fidelity bond in such
3507	3509		amount as the commission shall specify and subject to commission
3508	3510		approval;
3509	3511		(3) carefully preserve all orders for the payment of
3510	3512		money;
3511	3513		(4) render a correct account to the commissioners
3512	3514		court of all matters relating to the financial condition of the
3513	3515		district as often as required by the commissioners court; and
3514	3516		(5) not be required to sign a check drawn on a
3515	3517		depository selected under Section 62.156, unless the district
3516	3518		treasurer is the designated officer of the district, as defined by
3517	3519		Section 60.271(g).
3518	3520		(b) A designated officer of a district may make a payment on
3519	3521		behalf of the district by a check drawn on a depository selected
3520	3522		under Section 62.155 in a manner consistent with the payment
3521	3523		procedures adopted under Section 60.271(f) without authorization
3522	3524		by the district treasurer.
3523	3525		ARTICLE 18. CHANGES RELATING TO THE DISPOSITION OF CERTAIN CIVIL
3524	3526		STATUTES
3525	3527		SECTION 18.001. (a) Chapter 2101, Government Code, is
3526	3528		amended to codify Chapter 817 (S.B. 127), Acts of the 73rd
3527	3529		Legislature, Regular Session, 1993 (Article 4413(34e), Vernon's
3528	3530		Texas Civil Statutes), by adding Subchapter D to read as follows:
3529	3531		SUBCHAPTER D. FINANCIAL REPORTING BY CERTAIN FUNDS AND TRUST
3530	3532		ACCOUNTS
3531	3533		Sec. 2101.051. DEFINITION. In this subchapter,
3532	3534		"economically targeted investment" means an investment in which at
3533	3535		least 50 percent of the total investment is allocated to economic
3534	3536		development within this state or investment in businesses or
3535	3537		entities located within this state. (V.A.C.S. Art. 4413(34e), Sec.
3536	3538		4.)
3537	3539		Sec. 2101.052. APPLICABILITY OF SUBCHAPTER. The
3538	3540		requirements of this subchapter apply only to:
3539	3541		(1) the permanent school fund;
3540	3542		(2) the permanent university fund;
3541	3543		(3) the Teacher Retirement System of Texas trust fund;
3542	3544		and
3543	3545		(4) each trust account administered by the Employees
3544	3546		Retirement System of Texas. (V.A.C.S. Art. 4413(34e), Sec. 1.)
3545	3547		Sec. 2101.053. REPORT DEADLINE; CONTENT OF REPORT. (a) The
3546	3548		manager of each fund or account to which this subchapter applies
3547	3549		shall submit to the governor, the lieutenant governor, the speaker
3548	3550		of the house of representatives, and the executive director of the
3549	3551		State Pension Review Board:
3550	3552		(1) not later than January 25 of each year, a report
3551	3553		with the information required by Subsection (b) covering the last
3552	3554		six months of the previous calendar year; and
3553	3555		(2) not later than June 25 of each year, a report with
3554	3556		the information required by Subsection (b) covering the first six
3555	3557		months of that calendar year.
3556	3558		(b) Each report submitted under Subsection (a) must include
3557	3559		the following:
3558	3560		(1) the number of beneficiaries of the fund or
3559	3561		account;
3560	3562		(2) the name of each individual responsible for
3561	3563		administering the fund or account and the discretionary investment
3562	3564		authority granted to the individual;
3563	3565		(3) the investment objectives of the fund or account;
3564	3566		(4) the current end-of-month market value of the fund
3565	3567		or account;
3566	3568		(5) the current book value of the fund or account;
3567	3569		(6) the names and amounts of the 10 largest stock
3568	3570		holdings of the fund or account and the investment performance of
3569	3571		those stock holdings during the last 12-month period;
3570	3572		(7) the asset allocations of the fund or account
3571	3573		expressed in percentages of stocks, fixed income, real estate,
3572	3574		cash, or other financial investments; and
3573	3575		(8) the names and amounts of all investments made by
3574	3576		the fund or account in economically targeted investments. (V.A.C.S.
3575	3577		Art. 4413(34e), Secs. 2, 3.)
3576	3578		Sec. 2101.054. EFFECT OF SUBCHAPTER. This subchapter does
3577	3579		not diminish, impair, contradict, or affect the duties, powers, or
3578	3580		authorities granted or imposed on a governing board of a fund or
3579	3581		account listed in Section 2101.052 by the constitution or laws of
3580	3582		this state. (V.A.
3581	3583		C.S. Art. 4413(34e), Sec. 5.)
3582	3584		(b) Chapter 817 (S.B. 127), Acts of the 73rd Legislature,
3583	3585		Regular Session, 1993 (Article 4413(34e), Vernon's Texas Civil
3584	3586		Statutes), is repealed.
3585	3587		SECTION 18.002. (a) Title 13, Local Government Code, is
3586	3588		amended to codify Article 1175, Revised Statutes, by adding
3587	3589		Subtitle D to read as follows:
3588	3590		SUBTITLE D. POWERS OF COUNTIES OR MUNICIPALITIES OVER UTILITIES
3589	3591		GENERALLY
3590	3592		CHAPTER 590. POWERS OF MUNICIPALITIES OVER UTILITIES
3591	3593		Sec. 590.0001. POWERS OF HOME-RULE MUNICIPALITIES RELATING
3592	3594		TO UTILITIES. Except as otherwise provided by state law enacted
3593	3595		after the Revised Statutes of 1925 (S.B. 84, Acts of the 39th
3594	3596		Legislature, Regular Session, 1925) or by federal law:
3595	3597		(1) a home-rule municipality may:
3596	3598		(A) prohibit the use of any street, alley,
3597	3599		highway, or grounds of the municipality by any telegraph,
3598	3600		telephone, electric light, street railway, interurban railway,
3599	3601		steam railway, gas company, or any other character of public
3600	3602		utility without first obtaining the consent of the governing
3601	3603		authorities expressed by ordinance and on paying such compensation
3602	3604		as may be prescribed and on such condition as may be provided by any
3603	3605		such ordinance; and
3604	3606		(B) determine, fix, and regulate the charges,
3605	3607		fares, or rates of any person, firm, or corporation enjoying or that
3606	3608		may enjoy the franchise or exercising any other public privilege in
3607	3609		said municipality and prescribe the kind of service to be furnished
3608	3610		by such person, firm, or corporation, and the manner in which it
3609	3611		shall be rendered, and from time to time alter or change such rules,
3610	3612		regulations, and compensation; provided that in adopting such
3611	3613		regulations and in fixing or changing such compensation, or
3612	3614		determining the reasonableness thereof, no stock or bonds
3613	3615		authorized or issued by any corporation enjoying the franchise
3614	3616		shall be considered unless proof that the same have been actually
3615	3617		issued by the corporation for money paid and used for the
3616	3618		development of the corporate property, labor done, or property
3617	3619		actually received in accordance with the laws and constitution of
3618	3620		this state applicable thereto;
3619	3621		(2) in order to ascertain all facts necessary for a
3620	3622		proper understanding of what is or should be a reasonable rate or
3621	3623		regulation, the governing authority shall have full power to
3622	3624		inspect the books and compel the attendance of witnesses for such
3623	3625		purpose;
3624	3626		(3) provided that in any municipality with a
3625	3627		population of more than 25,000, the governing body of such
3626	3628		municipality, when the public service of such municipality may
3627	3629		require the same, shall have the right and power to compel any
3628	3630		street railway or other public utility corporation to extend its
3629	3631		lines of service into any section of said municipality not to exceed
3630	3632		two miles, all told, in any one year; and
3631	3633		(4) whenever any municipality may determine to acquire
3632	3634		any public utility using and occupying its streets, alleys, and
3633	3635		avenues as hereinbefore provided, and it shall be necessary to
3634	3636		condemn the said public utility, the municipality may obtain funds
3635	3637		for the purpose of acquiring the said public utility and paying the
3636	3638		compensation therefor, by issuing bonds, notes, or other evidence
3637	3639		of indebtedness and shall secure the same by fixing a lien on the
3638	3640		said properties constituting the said public utility so acquired by
3639	3641		condemnation or purchase or otherwise; said security shall apply
3640	3642		alone to said properties so pledged; and such further regulations
3641	3643		may be provided by any charter for the proper financing or raising
3642	3644		the revenue necessary for obtaining any public utilities and
3643	3645		providing for the fixing of said security.
3644	3646		(b) Section 341.081, Health and Safety Code, is amended to
3645	3647		read as follows:
3646	3648		Sec. 341.081. AUTHORITY OF HOME-RULE MUNICIPALITIES NOT
3647	3649		AFFECTED. This chapter prescribes the minimum requirements of
3648	3650		sanitation and health protection in this state and does not affect a
3649	3651		home-rule municipality's authority to enact:
3650	3652		(1) more stringent ordinances in matters relating to
3651	3653		this chapter; or
3652	3654		(2) an ordinance under:
3653	3655		(A) Section 5, Article XI, [Section V, of the]
3654	3656		Texas Constitution; or
3655	3657		(B) [Article 1175, Revised Statutes; or
3656	3658		[(C)] Section 51.072 or 590.0001, Local
3657	3659		Government Code.
3658	3660		(c) Section 438.037, Health and Safety Code, is amended to
3659	3661		read as follows:
3660	3662		Sec. 438.037. MUNICIPAL ORDINANCES. This subchapter does
3661	3663		not affect the authority granted under Section 5, Article XI,
3662	3664		[Section 5, of the] Texas Constitution, [Article 1175, Revised
3663	3665		Statutes,] Subchapter F of this chapter, and the applicable
3664	3666		chapters of the Local Government Code to a Type A general-law
3665	3667		municipality or a home-rule municipality to adopt an ordinance
3666	3668		relating to this subchapter.
3667	3669		(d) Article 1175, Revised Statutes, is repealed.
3668	3670		(e) The heading to Chapter 13, Revised Statutes, is
3669	3671		repealed.
3670	3672		SECTION 18.003. (a) Chapter 2021, Occupations Code, as
3671	3673		effective April 1, 2019, is amended to codify Section 6, Chapter 19
3672	3674		(S.B. 15), Acts of the 69th Legislature, 2nd Called Session, 1986
3673	3675		(Article 179e-2, Vernon's Texas Civil Statutes), by adding Section
3674	3676		2021.009 to read as follows:
3675	3677		Sec. 2021.009. PROHIBITED USE OF STATE APPROPRIATED FUNDS.
3676	3678		This subtitle prohibits the use of state appropriated funds for
3677	3679		capital improvements to racetracks or for interest payments on such
3678	3680		facilities except for racetracks that were publicly owned on
3679	3681		September 1, 1986.
3680	3682		(b) Section 6, Chapter 19 (S.B. 15), Acts of the 69th
3681	3683		Legislature, 2nd Called Session, 1986 (Article 179e-2, Vernon's
3682	3684		Texas Civil Statutes), is repealed.
3683	3685		SECTION 18.004. (a) Section 6, Chapter 355 (H.B. 417),
3684	3686		General Laws, Acts of the 44th Legislature, Regular Session, 1935
3685	3687		(Article 6819d, Vernon's Texas Civil Statutes), is repealed as
3686	3688		executed.
3687	3689		(b) The heading to Title 117, Revised Statutes, is repealed.
3688	3690		ARTICLE 19. CONFORMING CHANGES RELATING TO THE ABOLISHMENT OF THE
3689	3691		TEXAS STATE BOARD OF PODIATRIC MEDICAL EXAMINERS
3690	3692		SECTION 19.001. Section 22.056, Business Organizations
3691	3693		Code, is amended to read as follows:
3692	3694		Sec. 22.056. HEALTH ORGANIZATION CORPORATION. (a) Doctors
3693	3695		of medicine and osteopathy licensed by the Texas Medical Board,
3694	3696		podiatrists licensed by the Texas Department of Licensing and
3695	3697		Regulation [State Board of Podiatric Medical Examiners], and
3696	3698		chiropractors licensed by the Texas Board of Chiropractic Examiners
3697	3699		may form a corporation that is jointly owned, managed, and
3698	3700		controlled by those practitioners to perform a professional service
3699	3701		that falls within the scope of practice of those practitioners and
3700	3702		consists of:
3701	3703		(1) carrying out research in the public interest in
3702	3704		medical science, medical economics, public health, sociology, or a
3703	3705		related field;
3704	3706		(2) supporting medical education in medical schools
3705	3707		through grants or scholarships;
3706	3708		(3) developing the capabilities of individuals or
3707	3709		institutions studying, teaching, or practicing medicine, including
3708	3710		podiatric medicine, or chiropractic;
3709	3711		(4) delivering health care to the public; or
3710	3712		(5) instructing the public regarding medical science,
3711	3713		public health, hygiene, or a related matter.
3712	3714		(b) When doctors of medicine, osteopathy, podiatry, and
3713	3715		chiropractic form a corporation that is jointly owned by those
3714	3716		practitioners, the authority of each of the practitioners is
3715	3717		limited by the scope of practice of the respective practitioners
3716	3718		and none can exercise control over the other's clinical authority
3717	3719		granted by their respective licenses, either through agreements,
3718	3720		the certificate of formation or bylaws of the corporation,
3719	3721		directives, financial incentives, or other arrangements that would
3720	3722		assert control over treatment decisions made by the practitioner.
3721	3723		The Texas Medical Board, the Texas Department of Licensing and
3722	3724		Regulation [State Board of Podiatric Medical Examiners], and the
3723	3725		Texas Board of Chiropractic Examiners continue to exercise
3724	3726		regulatory authority over their respective licenses.
3725	3727		SECTION 19.002. Sections 152.055(a) and (c), Business
3726	3728		Organizations Code, are amended to read as follows:
3727	3729		(a) Persons licensed as doctors of medicine and persons
3728	3730		licensed as doctors of osteopathy by the Texas Medical Board,
3729	3731		persons licensed as podiatrists by the Texas Department of
3730	3732		Licensing and Regulation [State Board of Podiatric Medical
3731	3733		Examiners], and persons licensed as chiropractors by the Texas
3732	3734		Board of Chiropractic Examiners may create a partnership that is
3733	3735		jointly owned by those practitioners to perform a professional
3734	3736		service that falls within the scope of practice of those
3735	3737		practitioners.
3736	3738		(c) The Texas Medical Board, the Texas Department of
3737	3739		Licensing and Regulation [State Board of Podiatric Medical
3738	3740		Examiners], and the Texas Board of Chiropractic Examiners continue
3739	3741		to exercise regulatory authority over their respective licenses.
3740	3742		SECTION 19.003. Section 301.012(a), Business Organizations
3741	3743		Code, is amended to read as follows:
3742	3744		(a) Persons licensed as doctors of medicine and persons
3743	3745		licensed as doctors of osteopathy by the Texas Medical Board,
3744	3746		persons licensed as podiatrists by the Texas Department of
3745	3747		Licensing and Regulation [State Board of Podiatric Medical
3746	3748		Examiners], and persons licensed as chiropractors by the Texas
3747	3749		Board of Chiropractic Examiners may jointly form and own a
3748	3750		professional association or a professional limited liability
3749	3751		company to perform professional services that fall within the scope
3750	3752		of practice of those practitioners.
3751	3753		SECTION 19.004. Section 411.122(d), Government Code, is
3752	3754		amended to read as follows:
3753	3755		(d) The following state agencies are subject to this
3754	3756		section:
3755	3757		(1) Texas Appraiser Licensing and Certification
3756	3758		Board;
3757	3759		(2) Texas Board of Architectural Examiners;
3758	3760		(3) Texas Board of Chiropractic Examiners;
3759	3761		(4) State Board of Dental Examiners;
3760	3762		(5) Texas Board of Professional Engineers;
3761	3763		(6) Texas Funeral Service Commission;
3762	3764		(7) Texas Board of Professional Geoscientists;
3763	3765		(8) Health and Human Services Commission [Department
3764	3766		of State Health Services], except as provided by Section 411.110,
3765	3767		and agencies attached to the commission [department], including:
3766	3768		(A) Texas State Board of Examiners of Marriage
3767	3769		and Family Therapists;
3768	3770		(B) Texas State Board of Examiners of
3769	3771		Professional Counselors; and
3770	3772		(C) Texas State Board of Social Worker Examiners;
3771	3773		(9) Texas Board of Professional Land Surveying;
3772	3774		(10) Texas Department of Licensing and Regulation,
3773	3775		except as provided by Section 411.093;
3774	3776		(11) Texas Commission on Environmental Quality;
3775	3777		(12) Texas Board of Occupational Therapy Examiners;
3776	3778		(13) Texas Optometry Board;
3777	3779		(14) Texas State Board of Pharmacy;
3778	3780		(15) Texas Board of Physical Therapy Examiners;
3779	3781		(16) Texas State Board of Plumbing Examiners;
3780	3782		(17) [Texas State Board of Podiatric Medical
3781	3783		Examiners;
3782	3784		[(18)] Texas State Board of Examiners of
3783	3785		Psychologists;
3784	3786		(18) [(19)] Texas Real Estate Commission;
3785	3787		(19) [(20)] Texas Department of Transportation;
3786	3788		(20) [(21)] State Board of Veterinary Medical
3787	3789		Examiners;
3788	3790		(21) [(22)] Texas Department of Housing and Community
3789	3791		Affairs;
3790	3792		(22) [(23)] secretary of state;
3791	3793		(23) [(24)] state fire marshal;
3792	3794		(24) [(25)] Texas Education Agency;
3793	3795		(25) [(26)] Department of Agriculture; and
3794	3796		(26) [(27)] Texas Department of Motor Vehicles.
3795	3797		SECTION 19.005. Section 2054.2606(a), Government Code, is
3796	3798		amended to read as follows:
3797	3799		(a) The following licensing entities shall establish a
3798	3800		profile system consisting of the specific license holder
3799	3801		information prescribed by Subsection (c):
3800	3802		(1) Texas Board of Chiropractic Examiners, with
3801	3803		respect to chiropractors;
3802	3804		(2) Texas Department of Licensing and Regulation
3803	3805		[State Board of Podiatric Medical Examiners], with respect to
3804	3806		podiatrists;
3805	3807		(3) State Board of Dental Examiners, with respect to
3806	3808		dentists;
3807	3809		(4) Texas Optometry Board, with respect to
3808	3810		optometrists and therapeutic optometrists;
3809	3811		(5) Texas Board of Physical Therapy Examiners, with
3810	3812		respect to physical therapists and physical therapy facilities;
3811	3813		(6) Texas Board of Occupational Therapy Examiners,
3812	3814		with respect to occupational therapists and occupational therapy
3813	3815		facilities;
3814	3816		(7) Texas State Board of Examiners of Psychologists,
3815	3817		with respect to psychologists; and
3816	3818		(8) Texas State Board of Pharmacy, with respect to
3817	3819		pharmacists and pharmacies.
3818	3820		SECTION 19.006. Section 2054.352(a), Government Code, is
3819	3821		amended to read as follows:
3820	3822		(a) The following licensing entities shall participate in
3821	3823		the system established under Section 2054.353:
3822	3824		(1) Texas Board of Chiropractic Examiners;
3823	3825		(2) Judicial Branch Certification Commission;
3824	3826		(3) State Board of Dental Examiners;
3825	3827		(4) Texas Funeral Service Commission;
3826	3828		(5) Texas Board of Professional Land Surveying;
3827	3829		(6) Texas Medical Board;
3828	3830		(7) Texas Board of Nursing;
3829	3831		(8) Texas Optometry Board;
3830	3832		(9) Department of Agriculture, for licenses issued
3831	3833		under Chapter 1951, Occupations Code;
3832	3834		(10) Texas State Board of Pharmacy;
3833	3835		(11) Executive Council of Physical Therapy and
3834	3836		Occupational Therapy Examiners;
3835	3837		(12) Texas State Board of Plumbing Examiners;
3836	3838		(13) [Texas State Board of Podiatric Medical
3837	3839		Examiners;
3838	3840		[(14)] Texas State Board of Examiners of
3839	3841		Psychologists;
3840	3842		(14) [(15)] State Board of Veterinary Medical
3841	3843		Examiners;
3842	3844		(15) [(16)] Texas Real Estate Commission;
3843	3845		(16) [(17)] Texas Appraiser Licensing and
3844	3846		Certification Board;
3845	3847		(17) [(18)] Texas Department of Licensing and
3846	3848		Regulation;
3847	3849		(18) [(19)] Texas State Board of Public Accountancy;
3848	3850		(19) [(20)] State Board for Educator Certification;
3849	3851		(20) [(21)] Texas Board of Professional Engineers;
3850	3852		(21) Health and Human Services Commission
3851	3853		[(22) Department of State Health Services];
3852	3854		(22) [(23)] Texas Board of Architectural Examiners;
3853	3855		(23) [(24)] Texas Racing Commission;
3854	3856		(24) [(25)] Texas Commission on Law Enforcement; and
3855	3857		(25) [(26)] Texas Private Security Board.
3856	3858		SECTION 19.007. Section 241.003(13), Health and Safety
3857	3859		Code, is amended to read as follows:
3858	3860		(13) "Podiatrist" means a podiatrist licensed by the
3859	3861		Texas Department of Licensing and Regulation [State Board of
3860	3862		Podiatric Medical Examiners].
3861	3863		SECTION 19.008. Section 401.064(f), Health and Safety Code,
3862	3864		is amended to read as follows:
3863	3865		(f) In adopting rules under this section relating to the
3864	3866		inspection of medical, podiatric medical, dental, veterinary, and
3865	3867		chiropractic electronic products, the executive commissioner shall
3866	3868		solicit and follow the recommendations of the State Board of Dental
3867	3869		Examiners for the inspections of dental electronic products, the
3868	3870		Texas Department of Licensing and Regulation [State Board of
3869	3871		Podiatric Medical Examiners] for the inspection of podiatric
3870	3872		medical electronic products, the Texas Medical Board for the
3871	3873		inspection of medical electronic products, the State Board of
3872	3874		Veterinary Medical Examiners for the inspection of medical
3873	3875		electronic products used in the practice of veterinary medicine,
3874	3876		and the Texas Board of Chiropractic Examiners for the inspection of
3875	3877		chiropractic electronic products, unless in conflict with federal
3876	3878		statutes or federal rules.
3877	3879		SECTION 19.009. Section 481.076(a), Health and Safety Code,
3878	3880		is amended to read as follows:
3879	3881		(a) The board may not permit any person to have access to
3880	3882		information submitted to the board under Section 481.074(q) or
3881	3883		481.075 except:
3882	3884		(1) the board, the Texas Medical Board, the Texas
3883	3885		Department of Licensing and Regulation, with respect to the
3884	3886		regulation of podiatrists [State Board of Podiatric Medical
3885	3887		Examiners], the State Board of Dental Examiners, the State Board of
3886	3888		Veterinary Medical Examiners, the Texas Board of Nursing, or the
3887	3889		Texas Optometry Board for the purpose of:
3888	3890		(A) investigating a specific license holder; or
3889	3891		(B) monitoring for potentially harmful
3890	3892		prescribing or dispensing patterns or practices under Section
3891	3893		481.0762;
3892	3894		(2) an authorized officer or member of the department
3893	3895		or authorized employee of the board engaged in the administration,
3894	3896		investigation, or enforcement of this chapter or another law
3895	3897		governing illicit drugs in this state or another state;
3896	3898		(3) the department on behalf of a law enforcement or
3897	3899		prosecutorial official engaged in the administration,
3898	3900		investigation, or enforcement of this chapter or another law
3899	3901		governing illicit drugs in this state or another state;
3900	3902		(4) a medical examiner conducting an investigation;
3901	3903		(5) provided that accessing the information is
3902	3904		authorized under the Health Insurance Portability and
3903	3905		Accountability Act of 1996 (Pub. L. No. 104-191) and regulations
3904	3906		adopted under that Act:
3905	3907		(A) a pharmacist or a pharmacy technician, as
3906	3908		defined by Section 551.003, Occupations Code, acting at the
3907	3909		direction of a pharmacist; or
3908	3910		(B) a practitioner who:
3909	3911		(i) is a physician, dentist, veterinarian,
3910	3912		podiatrist, optometrist, or advanced practice nurse or is a
3911	3913		physician assistant described by Section 481.002(39)(D) or an
3912	3914		employee or other agent of a practitioner acting at the direction of
3913	3915		a practitioner; and
3914	3916		(ii) is inquiring about a recent Schedule
3915	3917		II, III, IV, or V prescription history of a particular patient of
3916	3918		the practitioner;
3917	3919		(6) a pharmacist or practitioner who is inquiring
3918	3920		about the person's own dispensing or prescribing activity; or
3919	3921		(7) one or more states or an association of states with
3920	3922		which the board has an interoperability agreement, as provided by
3921	3923		Subsection (j).
3922	3924		SECTION 19.010. Section 483.001(12), Health and Safety
3923	3925		Code, is amended to read as follows:
3924	3926		(12) "Practitioner" means:
3925	3927		(A) a person licensed by:
3926	3928		(i) the Texas Medical Board, State Board of
3927	3929		Dental Examiners, [Texas State Board of Podiatric Medical
3928	3930		Examiners,] Texas Optometry Board, or State Board of Veterinary
3929	3931		Medical Examiners to prescribe and administer dangerous drugs; or
3930	3932		(ii) the Texas Department of Licensing and
3931	3933		Regulation, with respect to podiatry, to prescribe and administer
3932	3934		dangerous drugs;
3933	3935		(B) a person licensed by another state in a
3934	3936		health field in which, under the laws of this state, a licensee may
3935	3937		legally prescribe dangerous drugs;
3936	3938		(C) a person licensed in Canada or Mexico in a
3937	3939		health field in which, under the laws of this state, a licensee may
3938	3940		legally prescribe dangerous drugs; or
3939	3941		(D) an advanced practice registered nurse or
3940	3942		physician assistant to whom a physician has delegated the authority
3941	3943		to prescribe or order a drug or device under Section 157.0511,
3942	3944		157.0512, or 157.054, Occupations Code.
3943	3945		SECTION 19.011. Section 843.311, Insurance Code, is amended
3944	3946		to read as follows:
3945	3947		Sec. 843.311. CONTRACTS WITH PODIATRISTS. A contract
3946	3948		between a health maintenance organization and a podiatrist licensed
3947	3949		by the Texas Department of Licensing and Regulation [State Board of
3948	3950		Podiatric Medical Examiners] must provide that:
3949	3951		(1) the podiatrist may request, and the health
3950	3952		maintenance organization shall provide not later than the 30th day
3951	3953		after the date of the request, a copy of the coding guidelines and
3952	3954		payment schedules applicable to the compensation that the
3953	3955		podiatrist will receive under the contract for services;
3954	3956		(2) the health maintenance organization may not
3955	3957		unilaterally make material retroactive revisions to the coding
3956	3958		guidelines and payment schedules; and
3957	3959		(3) the podiatrist may, while practicing within the
3958	3960		scope of the law regulating podiatry, provide x-rays and
3959	3961		nonprefabricated orthotics covered by the evidence of coverage.
3960	3962		SECTION 19.012. Section 843.319, Insurance Code, is amended
3961	3963		to read as follows:
3962	3964		Sec. 843.319. CERTAIN REQUIRED CONTRACTS. Notwithstanding
3963	3965		Section 843.304, a health maintenance organization may not deny a
3964	3966		contract to a podiatrist licensed by the Texas Department of
3965	3967		Licensing and Regulation [State Board of Podiatric Medical
3966	3968		Examiners] who joins the professional practice of a contracted
3967	3969		physician or provider, satisfies the application procedures of the
3968	3970		health maintenance organization, and meets the qualification and
3969	3971		credentialing requirements for contracting with the health
3970	3972		maintenance organization.
3971	3973		SECTION 19.013. Section 1301.0521(a), Insurance Code, is
3972	3974		amended to read as follows:
3973	3975		(a) Notwithstanding Section 1301.051, an insurer may not
3974	3976		withhold the designation of preferred provider to a podiatrist
3975	3977		licensed by the Texas Department of Licensing and Regulation [State
3976	3978		Board of Podiatric Medical Examiners] who:
3977	3979		(1) joins the professional practice of a contracted
3978	3980		preferred provider;
3979	3981		(2) applies to the insurer for designation as a
3980	3982		preferred provider; and
3981	3983		(3) complies with the terms and conditions of
3982	3984		eligibility to be a preferred provider.
3983	3985		SECTION 19.014. Section 1301.062, Insurance Code, is
3984	3986		amended to read as follows:
3985	3987		Sec. 1301.062. PREFERRED PROVIDER CONTRACTS BETWEEN
3986	3988		INSURERS AND PODIATRISTS. A preferred provider contract between an
3987	3989		insurer and a podiatrist licensed by the Texas Department of
3988	3990		Licensing and Regulation [State Board of Podiatric Medical
3989	3991		Examiners] must provide that:
3990	3992		(1) the podiatrist may request a copy of the coding
3991	3993		guidelines and payment schedules applicable to the compensation
3992	3994		that the podiatrist will receive under the contract for services;
3993	3995		(2) the insurer shall provide a copy of the coding
3994	3996		guidelines and payment schedules not later than the 30th day after
3995	3997		the date of the podiatrist's request;
3996	3998		(3) the insurer may not unilaterally make material
3997	3999		retroactive revisions to the coding guidelines and payment
3998	4000		schedules; and
3999	4001		(4) the podiatrist may, practicing within the scope of
4000	4002		the law regulating podiatry, furnish x-rays and nonprefabricated
4001	4003		orthotics covered by the health insurance policy.
4002	4004		SECTION 19.015. Section 1451.001(17), Insurance Code, is
4003	4005		amended to read as follows:
4004	4006		(17) "Podiatrist" means an individual licensed to
4005	4007		practice podiatry by the Texas Department of Licensing and
4006	4008		Regulation [State Board of Podiatric Medical Examiners].
4007	4009		SECTION 19.016. Section 1452.153, Insurance Code, is
4008	4010		amended to read as follows:
4009	4011		Sec. 1452.153. ELIGIBILITY REQUIREMENTS. To qualify for
4010	4012		expedited credentialing under this subchapter and payment under
4011	4013		Section 1452.154, an applicant podiatrist must:
4012	4014		(1) be licensed as a podiatrist in this state by, and
4013	4015		be in good standing with, the Texas Department of Licensing and
4014	4016		Regulation [State Board of Podiatric Medical Examiners];
4015	4017		(2) submit all documentation and other information
4016	4018		required by the issuer of the managed care plan as necessary to
4017	4019		enable the issuer to begin the credentialing process required by
4018	4020		the issuer to include a podiatrist in the issuer's health benefit
4019	4021		plan network; and
4020	4022		(3) agree to comply with the terms of the managed care
4021	4023		plan's participating provider contract currently in force with the
4022	4024		applicant podiatrist's established professional practice.
4023	4025		SECTION 19.017. Section 56.002, Occupations Code, is
4024	4026		amended to read as follows:
4025	4027		Sec. 56.002. APPLICABILITY. This chapter applies only to
4026	4028		the following licensing authorities:
4027	4029		(1) Texas Board of Chiropractic Examiners;
4028	4030		(2) State Board of Dental Examiners;
4029	4031		(3) Texas Department of Licensing and Regulation, with
4030	4032		respect to the department's authority to regulate podiatrists
4031	4033		[State Board of Podiatric Medical Examiners]; and
4032	4034		(4) Texas Medical [State] Board [of Medical
4033	4035		Examiners].
4034	4036		SECTION 19.018. Section 101.002, Occupations Code, is
4035	4037		amended to read as follows:
4036	4038		Sec. 101.002. COMPOSITION OF COUNCIL. The council consists
4037	4039		of 14 members, with one member appointed by each of the following:
4038	4040		(1) the Texas Board of Chiropractic Examiners;
4039	4041		(2) the State Board of Dental Examiners;
4040	4042		(3) the Texas Optometry Board;
4041	4043		(4) the Texas State Board of Pharmacy;
4042	4044		(5) the Texas Department of Licensing and Regulation
4043	4045		[State Board of Podiatric Medical Examiners];
4044	4046		(6) the State Board of Veterinary Medical Examiners;
4045	4047		(7) the Texas Medical Board;
4046	4048		(8) the Texas Board of Nursing;
4047	4049		(9) the Texas State Board of Examiners of
4048	4050		Psychologists;
4049	4051		(10) the Texas Funeral Service Commission;
4050	4052		(11) the entity that regulates the practice of
4051	4053		physical therapy;
4052	4054		(12) the entity that regulates the practice of
4053	4055		occupational therapy;
4054	4056		(13) the health licensing division of the Health and
4055	4057		Human Services Commission [Department of State Health Services];
4056	4058		and
4057	4059		(14) the governor's office.
4058	4060		SECTION 19.019. Section 104.003(g), Occupations Code, is
4059	4061		amended to read as follows:
4060	4062		(g) A person who is licensed by the Texas Department of
4061	4063		Licensing and Regulation to practice podiatry [State Board of
4062	4064		Podiatric Medical Examiners] shall use:
4063	4065		(1) chiropodist;
4064	4066		(2) doctor, D.S.C.;
4065	4067		(3) doctor of surgical chiropody;
4066	4068		(4) D.S.C.;
4067	4069		(5) podiatrist;
4068	4070		(6) doctor, D.P.M.;
4069	4071		(7) doctor of podiatric medicine; or
4070	4072		(8) D.P.M.
4071	4073		SECTION 19.020. Section 601.251, Occupations Code, is
4072	4074		amended to read as follows:
4073	4075		Sec. 601.251. APPLICABILITY. This subchapter applies to
4074	4076		the:
4075	4077		(1) Texas Board of Nursing;
4076	4078		(2) Texas Board of Chiropractic Examiners;
4077	4079		(3) State Board of Dental Examiners;
4078	4080		(4) Texas Medical Board;
4079	4081		(5) Texas Department of Licensing and Regulation, with
4080	4082		respect to the department's authority to regulate podiatrists
4081	4083		[State Board of Podiatric Medical Examiners]; and
4082	4084		(6) Texas Physician Assistant Board.
4083	4085		ARTICLE 20. NONSUBSTANTIVE REVISION OF CHAPTER 10, CODE OF
4084	4086		CRIMINAL PROCEDURE: PROVISIONS RELATING TO REMOVAL OF HIGHWAY
4085	4087		OBSTRUCTION THAT IS SUBJECT OF CRIMINAL PROSECUTION
4086	4088		SECTION 20.001. Subtitle Z, Title 6, Transportation Code,
4087	4089		is amended by adding Chapter 473 to read as follows:
4088	4090		CHAPTER 473. REMOVAL OF HIGHWAY OBSTRUCTION THAT IS SUBJECT OF
4089	4091		CRIMINAL PROSECUTION
4090	4092		Sec. 473.001. ORDER TO REMOVE HIGHWAY OBSTRUCTION. (a)
4091	4093		After a criminal prosecution begins against a person for
4092	4094		obstructing a highway, any person, in behalf of the public, may
4093	4095		apply to the county judge of the county in which the highway is
4094	4096		located for an order to remove the obstruction.
4095	4097		(b) On hearing proof regarding an application to remove an
4096	4098		obstruction, the county judge, either in term time or in vacation,
4097	4099		may issue to the sheriff or other proper officer of the county a
4098	4100		written order directing that officer to remove the obstruction.
4099	4101		(Code Crim. Proc., Art. 10.01 (part).)
4100	4102		Sec. 473.002. BOND REQUIRED. (a) Before an order may be
4101	4103		issued under Section 473.001, the applicant for the order must give
4102	4104		bond with security to indemnify the defendant, in case of the
4103	4105		defendant's acquittal, for any loss sustained by the defendant.
4104	4106		(b) The amount of the bond must be set by the county judge.
4105	4107		(c) The bond must be approved by the county judge and shall
4106	4108		be filed with the papers in the case. (Code Crim. Proc., Art. 10.01
4107	4109		(part).)
4108	4110		Sec. 473.003. DEFENDANT'S RECOVERY OF BOND AMOUNT ON
4109	4111		ACQUITTAL. (a) If the defendant is acquitted in the criminal case
4110	4112		described by Section 473.001(a), the defendant may maintain a civil
4111	4113		action against the applicant and the applicant's sureties on the
4112	4114		bond.
4113	4115		(b) The defendant may recover the full amount of the bond,
4114	4116		or an amount of damages that is less than the amount of the bond, as
4115	4117		may be assessed by a court or jury, if the defendant shows at trial
4116	4118		that, at the time the defendant placed the obstruction, the
4117	4119		obstruction was located on the defendant's own property or on
4118	4120		property in the defendant's lawful possession and not on a public
4119	4121		highway established by proper authority. (Code Crim. Proc., Art.
4120	4122		10.02.)
4121	4123		Sec. 473.004. REMOVAL OF HIGHWAY OBSTRUCTION ON CONVICTION.
4122	4124		On the conviction of a defendant for obstructing a public highway,
4123	4125		if the obstruction still exists, the court shall order the sheriff
4124	4126		or other proper officer to immediately remove the obstruction at
4125	4127		the defendant's cost, to be imposed and collected as other costs in
4126	4128		the case. (Code Crim. Proc., Art. 10.03.)
4127	4129		SECTION 20.002. Chapter 10, Code of Criminal Procedure, is
4128	4130		repealed.
4129	4131		ARTICLE 21. REDESIGNATIONS
4130	4132		SECTION 21.001. The following provisions of enacted codes
4131	4133		are redesignated to eliminate duplicate citations:
4132	4134		(1) Article 2.023, Code of Criminal Procedure, as
4133	4135		added by Chapter 686 (H.B. 34), Acts of the 85th Legislature,
4134	4136		Regular Session, 2017, is redesignated as Article 2.024, Code of
4135	4137		Criminal Procedure.
4136	4138		(2) Subsection (d), Article 2.13, Code of Criminal
4137	4139		Procedure, as added by Chapter 34 (S.B. 1576), Acts of the 85th
4138	4140		Legislature, Regular Session, 2017, is redesignated as Subsection
4139	4141		(f), Article 2.13, Code of Criminal Procedure.
4140	4142		(3) Section 12, Article 42.01, Code of Criminal
4141	4143		Procedure, as added by Chapter 443 (S.B. 500), Acts of the 85th
4142	4144		Legislature, Regular Session, 2017, is redesignated as Section 13,
4143	4145		Article 42.01, Code of Criminal Procedure.
4144	4146		(4) Subsection (b), Article 42A.511, Code of Criminal
4145	4147		Procedure, as added by Chapter 739 (S.B. 1232), Acts of the 85th
4146	4148		Legislature, Regular Session, 2017, is redesignated as Subsection
4147	4149		(c), Article 42A.511, Code of Criminal Procedure.
4148	4150		(5) Subsection (f), Section 25.081, Education Code, as
4149	4151		added by Chapter 1144 (H.B. 441), Acts of the 85th Legislature,
4150	4152		Regular Session, 2017, is redesignated as Subsection (g), Section
4151	4153		25.081, Education Code.
4152	4154		(6) Subsection (b-1), Section 28.009, Education Code,
4153	4155		as added by Chapter 729 (S.B. 1091), Acts of the 85th Legislature,
4154	4156		Regular Session, 2017, is redesignated as Subsection (b-3), Section
4155	4157		28.009, Education Code.
4156	4158		(7) Subsection (a-2), Section 42.006, Education Code,
4157	4159		as added by Chapter 916 (S.B. 1404), Acts of the 85th Legislature,
4158	4160		Regular Session, 2017, is redesignated as Subsection (a-5), Section
4159	4161		42.006, Education Code.
4160	4162		(8) Section 130.0828, Education Code, as added by
4161	4163		Chapter 181 (S.B. 286), Acts of the 85th Legislature, Regular
4162	4164		Session, 2017, is redesignated as Section 130.08285, Education
4163	4165		Code.
4164	4166		(9) Subchapter L, Chapter 130, Education Code, as
4165	4167		added by Chapter 510 (H.B. 2994), Acts of the 85th Legislature,
4166	4168		Regular Session, 2017, is redesignated as Subchapter M, Chapter
4167	4169		130, Education Code, and Sections 130.301, 130.302, 130.303,
4168	4170		130.304, and 130.305, Education Code, as added by that Act, are
4169	4171		redesignated as Sections 130.351, 130.352, 130.353, 130.354, and
4170	4172		130.355, Education Code, respectively.
4171	4173		(10) Section 63.0013, Election Code, as added by
4172	4174		Chapter 980 (H.B. 658), Acts of the 85th Legislature, Regular
4173	4175		Session, 2017, is redesignated as Section 63.0015, Election Code.
4174	4176		(11) Section 276.011, Election Code, as added by
4175	4177		Chapter 828 (H.B. 1735), Acts of the 85th Legislature, Regular
4176	4178		Session, 2017, is redesignated as Section 276.012, Election Code.
4177	4179		(12) Section 261.004, Family Code, as added by Chapter
4178	4180		316 (H.B. 5), Acts of the 85th Legislature, Regular Session, 2017,
4179	4181		is redesignated as Section 261.005, Family Code.
4180	4182		(13) Subsection (j), Section 261.301, Family Code, as
4181	4183		added by Chapter 356 (H.B. 2124), Acts of the 85th Legislature,
4182	4184		Regular Session, 2017, is redesignated as Subsection (k), Section
4183	4185		261.301, Family Code.
4184	4186		(14) Section 261.3017, Family Code, as added by
4185	4187		Chapter 523 (S.B. 190), Acts of the 85th Legislature, Regular
4186	4188		Session, 2017, is redesignated as Section 261.3018, Family Code.
4187	4189		(15) Section 262.013, Family Code, as added by Chapter
4188	4190		910 (S.B. 999), Acts of the 85th Legislature, Regular Session,
4189	4191		2017, is redesignated as Section 262.015, Family Code.
4190	4192		(16) Section 264.1211, Family Code, as added by
4191	4193		Chapter 333 (H.B. 928), Acts of the 85th Legislature, Regular
4192	4194		Session, 2017, is redesignated as Section 264.1212, Family Code.
4193	4195		(17) Section 264.1211, Family Code, as added by
4194	4196		Chapter 1076 (H.B. 3338), Acts of the 85th Legislature, Regular
4195	4197		Session, 2017, is redesignated as Section 264.1213, Family Code.
4196	4198		(18) Section 264.2042, Family Code, as added by
4197	4199		Chapter 319 (S.B. 11), Acts of the 85th Legislature, Regular
4198	4200		Session, 2017, is redesignated as Section 264.2044, Family Code.
4199	4201		(19) Chapter 280, Finance Code, as added by Chapter
4200	4202		376 (H.B. 3921), Acts of the 85th Legislature, Regular Session,
4201	4203		2017, is redesignated as Chapter 281, Finance Code, and Sections
4202	4204		280.001, 280.002, 280.003, 280.004, 280.005, and 280.006, Finance
4203	4205		Code, as added by that Act, are redesignated as Sections 281.001,
4204	4206		281.002, 281.003, 281.004, 281.005, and 281.006, Finance Code,
4205	4207		respectively.
4206	4208		(20) Subsection (k), Section 53.001, Government Code,
4207	4209		as added by Chapter 972 (S.B. 2174), Acts of the 85th Legislature,
4208	4210		Regular Session, 2017, is redesignated as Subsection (m), Section
4209	4211		53.001, Government Code.
4210	4212		(21) Subchapter D, Chapter 155, Government Code, as
4211	4213		added by Chapter 715 (S.B. 36), Acts of the 85th Legislature,
4212	4214		Regular Session, 2017, is redesignated as Subchapter F, Chapter
4213	4215		155, Government Code, and Sections 155.151, 155.152, 155.153, and
4214	4216		155.154, Government Code, as added by that Act, are redesignated as
4215	4217		Sections 155.251, 155.252, 155.253, and 155.254, Government Code,
4216	4218		respectively.
4217	4219		(22) Section 434.024, Government Code, as added by
4218	4220		Chapter 387 (S.B. 588), Acts of the 85th Legislature, Regular
4219	4221		Session, 2017, is redesignated as Section 434.025, Government Code.
4220	4222		(23) Section 442.019, Government Code, as added by
4221	4223		Chapter 838 (H.B. 2079), Acts of the 85th Legislature, Regular
4222	4224		Session, 2017, is redesignated as Section 442.0195, Government
4223	4225		Code.
4224	4226		(24) Section 531.0999, Government Code, as added by
4225	4227		Chapter 561 (S.B. 578), Acts of the 85th Legislature, Regular
4226	4228		Session, 2017, is redesignated as Section 531.0925, Government
4227	4229		Code.
4228	4230		(25) Section 531.0999, Government Code, as added by
4229	4231		Chapter 770 (H.B. 13), Acts of the 85th Legislature, Regular
4230	4232		Session, 2017, is redesignated as Section 531.0991, Government
4231	4233		Code.
4232	4234		(26) Section 662.065, Government Code, as added by
4233	4235		Chapter 1139 (H.B. 297), Acts of the 85th Legislature, Regular
4234	4236		Session, 2017, is redesignated as Section 662.067, Government Code.
4235	4237		(27) Section 662.065, Government Code, as added by
4236	4238		Chapter 692 (H.B. 208), Acts of the 85th Legislature, Regular
4237	4239		Session, 2017, is redesignated as Section 662.068, Government Code.
4238	4240		(28) Section 662.065, Government Code, as added by
4239	4241		Chapter 1133 (H.B. 210), Acts of the 85th Legislature, Regular
4240	4242		Session, 2017, is redesignated as Section 662.069, Government Code.
4241	4243		(29) Section 662.065, Government Code, as added by
4242	4244		Chapter 1002 (H.B. 1254), Acts of the 85th Legislature, Regular
4243	4245		Session, 2017, is redesignated as Section 662.070, Government Code.
4244	4246		(30) Section 772.0073, Government Code, as added by
4245	4247		Chapter 188 (S.B. 12), Acts of the 85th Legislature, Regular
4246	4248		Session, 2017, is redesignated as Section 772.0075, Government
4247	4249		Code.
4248	4250		(31) Section 772.0073, Government Code, as added by
4249	4251		Chapter 4 (S.B. 4), Acts of the 85th Legislature, Regular Session,
4250	4252		2017, is redesignated as Section 772.0076, Government Code.
4251	4253		(32) Section 810.002, Government Code, as added by
4252	4254		Chapter 443 (S.B. 500), Acts of the 85th Legislature, Regular
4253	4255		Session, 2017, is redesignated as Section 810.003, Government Code.
4254	4256		(33) Subchapter F, Chapter 2252, Government Code, as
4255	4257		added by Chapter 597 (S.B. 1289), Acts of the 85th Legislature,
4256	4258		Regular Session, 2017, is redesignated as Subchapter G, Chapter
4257	4259		2252, Government Code.
4258	4260		(34) Section 2256.0206, Government Code, as added by
4259	4261		Chapter 344 (H.B. 1472), Acts of the 85th Legislature, Regular
4260	4262		Session, 2017, is redesignated as Section 2256.0207, Government
4261	4263		Code.
4262	4264		(35) Chapter 2270, Government Code, as added by
4263	4265		Chapter 1 (H.B. 89), Acts of the 85th Legislature, Regular Session,
4264	4266		2017, is redesignated as Chapter 2271, Government Code, and
4265	4267		Sections 2270.001 and 2270.002, Government Code, as added by that
4266	4268		Act, are redesignated as Sections 2271.001 and 2271.002, Government
4267	4269		Code, respectively.
4268	4270		(36) Section 191.009, Health and Safety Code, as added
4269	4271		by Chapter 737 (S.B. 1205), Acts of the 85th Legislature, Regular
4270	4272		Session, 2017, is redesignated as Section 191.010, Health and
4271	4273		Safety Code.
4272	4274		(37) Subsection (a-1), Section 364.011, Health and
4273	4275		Safety Code, as added by Chapter 70 (S.B. 1229), Acts of the 85th
4274	4276		Legislature, Regular Session, 2017, is redesignated as Subsection
4275	4277		(a-2), Section 364.011, Health and Safety Code.
4276	4278		(38) Subsection (n), Section 1701.253, Occupations
4277	4279		Code, as added by Chapter 513 (S.B. 30), Acts of the 85th
4278	4280		Legislature, Regular Session, 2017, is redesignated as Subsection
4279	4281		(o), Section 1701.253, Occupations Code.
4280	4282		(39) Subsection (b-2), Section 22.01, Penal Code, as
4281	4283		added by Chapter 34 (S.B. 1576), Acts of the 85th Legislature,
4282	4284		Regular Session, 2017, is redesignated as Subsection (b-3), Section
4283	4285		22.01, Penal Code.
4284	4286		(40) Subdivision (18), Section 46.01, Penal Code, as
4285	4287		added by Chapter 814 (H.B. 913), Acts of the 85th Legislature,
4286	4288		Regular Session, 2017, is redesignated as Subdivision (19), Section
4287	4289		46.01, Penal Code.
4288	4290		(41) Section 48.03, Penal Code, as added by Chapter
4289	4291		697 (H.B. 810), Acts of the 85th Legislature, Regular Session,
4290	4292		2017, is redesignated as Section 48.04, Penal Code.
4291	4293		(42) Chapter 7998, Special District Local Laws Code,
4292	4294		as added by Chapter 621 (H.B. 4275), Acts of the 85th Legislature,
4293	4295		Regular Session, 2017, is redesignated as Chapter 8000, Special
4294	4296		District Local Laws Code, and Sections 7998.001, 7998.002,
4295	4297		7998.003, 7998.004, 7998.005, 7998.006, 7998.051, 7998.052,
4296	4298		7998.101, 7998.102, 7998.103, 7998.104, 7998.105, 7998.106,
4297	4299		7998.151, 7998.152, 7998.153, 7998.201, 7998.202, and 7998.203,
4298	4300		Special District Local Laws Code, as added by that Act, are
4299	4301		redesignated as Sections 8000.001, 8000.002, 8000.003, 8000.004,
4300	4302		8000.005, 8000.006, 8000.051, 8000.052, 8000.101, 8000.102,
4301	4303		8000.103, 8000.104, 8000.105, 8000.106, 8000.151, 8000.152,
4302	4304		8000.153, 8000.201, 8000.202, and 8000.203, Special District Local
4303	4305		Laws Code, respectively.
4304	4306		(43) Section 23.524, Tax Code, as added by Chapter 365
4305	4307		(H.B. 3198), Acts of the 85th Legislature, Regular Session, 2017,
4306	4308		is redesignated as Section 23.525, Tax Code.
4307	4309		(44) Section 22.091, Transportation Code, as added by
4308	4310		Chapter 723 (S.B. 1024), Acts of the 85th Legislature, Regular
4309	4311		Session, 2017, is redesignated as Section 22.092, Transportation
4310	4312		Code.
4311	4313		(45) Section 223.051, Transportation Code, as added by
4312	4314		Chapter 1155 (S.B. 82), Acts of the 85th Legislature, Regular
4313	4315		Session, 2017, is redesignated as Section 223.052, Transportation
4314	4316		Code.
4315	4317		(46) Section 225.123, Transportation Code, as added by
4316	4318		Chapter 54 (H.B. 409), Acts of the 85th Legislature, Regular
4317	4319		Session, 2017, is redesignated as Section 225.134, Transportation
4318	4320		Code.
4319	4321		(47) Section 225.123, Transportation Code, as added by
4320	4322		Chapter 85 (H.B. 947), Acts of the 85th Legislature, Regular
4321	4323		Session, 2017, is redesignated as Section 225.135, Transportation
4322	4324		Code.
4323	4325		(48) Section 225.123, Transportation Code, as added by
4324	4326		Chapter 114 (H.B. 216), Acts of the 85th Legislature, Regular
4325	4327		Session, 2017, is redesignated as Section 225.136, Transportation
4326	4328		Code.
4327	4329		(49) Section 225.123, Transportation Code, as added by
4328	4330		Chapter 176 (H.B. 3536), Acts of the 85th Legislature, Regular
4329	4331		Session, 2017, is redesignated as Section 225.137, Transportation
4330	4332		Code.
4331	4333		(50) Section 225.123, Transportation Code, as added by
4332	4334		Chapter 209 (H.B. 1221), Acts of the 85th Legislature, Regular
4333	4335		Session, 2017, is redesignated as Section 225.138, Transportation
4334	4336		Code.
4335	4337		(51) Section 225.123, Transportation Code, as added by
4336	4338		Chapter 367 (H.B. 3283), Acts of the 85th Legislature, Regular
4337	4339		Session, 2017, is redesignated as Section 225.139, Transportation
4338	4340		Code.
4339	4341		(52) Section 225.123, Transportation Code, as added by
4340	4342		Chapter 375 (H.B. 3917), Acts of the 85th Legislature, Regular
4341	4343		Session, 2017, is redesignated as Section 225.140, Transportation
4342	4344		Code.
4343	4345		(53) Section 225.123, Transportation Code, as added by
4344	4346		Chapter 732 (S.B. 1099), Acts of the 85th Legislature, Regular
4345	4347		Session, 2017, is redesignated as Section 225.141, Transportation
4346	4348		Code.
4347	4349		(54) Section 225.123, Transportation Code, as added by
4348	4350		Chapter 998 (H.B. 1162), Acts of the 85th Legislature, Regular
4349	4351		Session, 2017, is redesignated as Section 225.142, Transportation
4350	4352		Code.
4351	4353		(55) Section 225.123, Transportation Code, as added by
4352	4354		Chapter 55 (H.B. 1483), Acts of the 85th Legislature, Regular
4353	4355		Session, 2017, is redesignated as Section 225.143, Transportation
4354	4356		Code.
4355	4357		(56) Section 225.123, Transportation Code, as added by
4356	4358		Chapter 247 (H.B. 938), Acts of the 85th Legislature, Regular
4357	4359		Session, 2017, is redesignated as Section 225.144, Transportation
4358	4360		Code.
4359	4361		(57) Section 225.123, Transportation Code, as added by
4360	4362		Chapter 255 (H.B. 1303), Acts of the 85th Legislature, Regular
4361	4363		Session, 2017, is redesignated as Section 225.145, Transportation
4362	4364		Code.
4363	4365		(58) Section 225.123, Transportation Code, as added by
4364	4366		Chapter 309 (S.B. 867), Acts of the 85th Legislature, Regular
4365	4367		Session, 2017, is redesignated as Section 225.146, Transportation
4366	4368		Code.
4367	4369		(59) Section 225.123, Transportation Code, as added by
4368	4370		Chapter 492 (H.B. 2675), Acts of the 85th Legislature, Regular
4369	4371		Session, 2017, is redesignated as Section 225.147, Transportation
4370	4372		Code.
4371	4373		(60) Section 225.123, Transportation Code, as added by
4372	4374		Chapter 936 (S.B. 1732), Acts of the 85th Legislature, Regular
4373	4375		Session, 2017, is redesignated as Section 225.148, Transportation
4374	4376		Code.
4375	4377		(61) Section 225.123, Transportation Code, as added by
4376	4378		Section 2, Chapter 1008 (H.B. 1317), Acts of the 85th Legislature,
4377	4379		Regular Session, 2017, is redesignated as Section 225.149,
4378	4380		Transportation Code.
4379	4381		(62) Section 225.123, Transportation Code, as added by
4380	4382		Section 3, Chapter 1008 (H.B. 1317), Acts of the 85th Legislature,
4381	4383		Regular Session, 2017, is redesignated as Section 225.150,
4382	4384		Transportation Code.
4383	4385		(63) Section 225.125, Transportation Code, as added by
4384	4386		Chapter 711 (H.B. 3964), Acts of the 85th Legislature, Regular
4385	4387		Session, 2017, is redesignated as Section 225.151, Transportation
4386	4388		Code.
4387	4389		(64) Section 504.323, Transportation Code, as added by
4388	4390		Chapter 274 (H.B. 2115), Acts of the 85th Legislature, Regular
4389	4391		Session, 2017, is redesignated as Section 504.324, Transportation
4390	4392		Code.
4391	4393		(65) Section 504.668, Transportation Code, as added by
4392	4394		Chapter 116 (H.B. 263), Acts of the 85th Legislature, Regular
4393	4395		Session, 2017, is redesignated as Section 504.669, Transportation
4394	4396		Code.
4395	4397		(66) Section 504.668, Transportation Code, as added by
4396	4398		Chapter 1003 (H.B. 1256), Acts of the 85th Legislature, Regular
4397	4399		Session, 2017, is redesignated as Section 504.670, Transportation
4398	4400		Code.
4399	4401		(67) Section 521.0062, Transportation Code, as added
4400	4402		by Chapter 1078 (H.B. 3359), Acts of the 85th Legislature, Regular
4401	4403		Session, 2017, is redesignated as Section 521.0063, Transportation
4402	4404		Code.
4403	4405		(68) Subchapter U, Chapter 623, Transportation Code,
4404	4406		as added by Chapter 750 (S.B. 1383), Acts of the 85th Legislature,
4405	4407		Regular Session, 2017, is redesignated as Subchapter V, Chapter
4406	4408		623, Transportation Code, and Sections 623.401, 623.402, 623.403,
4407	4409		623.404, 623.405, 623.406, and 623.407, Transportation Code, as
4408	4410		added by that Act, are redesignated as Sections 623.421, 623.422,
4409	4411		623.423, 623.424, 623.425, 623.426, and 623.427, Transportation
4410	4412		Code, respectively.
4411	4413		(69) Section 13.148, Water Code, as added by Chapter
4412	4414		305 (H.B. 1461), Acts of the 83rd Legislature, Regular Session,
4413	4415		2013, is redesignated as Section 13.149, Water Code.
4414	4416		SECTION 21.002. The following changes are made to conform
4415	4417		the provisions amended to the redesignating changes made by Section
4416	4418		21.001 of this Act and to correct cross-references:
4417	4419		(1) Article 42.0196, Code of Criminal Procedure, is
4418	4420		amended to read as follows:
4419	4421		Art. 42.0196. FINDING REGARDING OFFENSE RELATED TO
4420	4422		PERFORMANCE OF PUBLIC SERVICE. (a) In the trial of an offense
4421	4423		described by Section 810.003 [810.002], Government Code, the judge
4422	4424		shall make an affirmative finding of fact and enter the affirmative
4423	4425		finding in the judgment in the case if the judge determines that the
4424	4426		defendant is:
4425	4427		(1) a member of the elected class described by Section
4426	4428		810.003(b)(1) [810.002(b)(1)], Government Code, while a member of
4427	4429		the Employees Retirement System of Texas; or
4428	4430		(2) a holder of an elected office for which the
4429	4431		defendant wholly or partly became eligible for membership in a
4430	4432		public retirement system.
4431	4433		(b) A judge who makes the affirmative finding described by
4432	4434		this article shall make the determination and provide the notice
4433	4435		required by Section 810.003(k) [810.002(k)], Government Code.
4434	4436		(2) Section 130.352, Education Code, as redesignated
4435	4437		from Section 130.302, Education Code, by Section 21.001 of this
4436	4438		Act, is amended to read as follows:
4437	4439		Sec. 130.352 [130.302]. FORMULA FUNDING FOR WORKFORCE
4438	4440		CONTINUING EDUCATION COURSES. Notwithstanding Section 130.003 or
4439	4441		any other law, contact hours attributable to the enrollment of a
4440	4442		student in a workforce continuing education course offered by a
4441	4443		public junior college shall be included in the contact hours used to
4442	4444		determine the college's proportionate share of state money
4443	4445		appropriated and distributed to public junior colleges under
4444	4446		Sections 130.003 and 130.0031, regardless of whether the college
4445	4447		waives all or part of the tuition or fees for the course under
4446	4448		Section 130.354 [130.304].
4447	4449		(3) Section 130.354, Education Code, as redesignated
4448	4450		from Section 130.304, Education Code, by Section 21.001 of this
4449	4451		Act, is amended to read as follows:
4450	4452		Sec. 130.354 [130.304]. WAIVER OF TUITION AND FEES FOR
4451	4453		WORKFORCE CONTINUING EDUCATION COURSES. A public junior college
4452	4454		may waive all or part of the tuition or fees charged to a student for
4453	4455		a workforce continuing education course only if:
4454	4456		(1) the student:
4455	4457		(A) is enrolled in high school or in a school
4456	4458		described by Section 130.353(a)(2) [130.303(a)(2)];
4457	4459		(B) is 16 years of age or older, has had the
4458	4460		disabilities of minority removed, and is not enrolled in secondary
4459	4461		education; or
4460	4462		(C) is under the age of 18 and is incarcerated;
4461	4463		(2) all or a significant portion of the college's costs
4462	4464		for facilities, instructor salaries, equipment, and other expenses
4463	4465		for the course are covered by business, industry, or other local
4464	4466		public or private entities; or
4465	4467		(3) the course is taught in a federal correctional
4466	4468		facility and the facilities, equipment, supplies, and other
4467	4469		expenses for the course are funded by the federal government.
4468	4470		(4) Subsection (d), Section 63.0015, Election Code, as
4469	4471		redesignated from Subsection (d), Section 63.0013, Election Code,
4470	4472		by Section 21.001 of this Act, is amended to read as follows:
4471	4473		(d) The notice required by Subsection (c) must read:
4472	4474		"Pursuant to Section 63.0015 [63.0013], Election Code, an election
4473	4475		officer may give voting order priority to individuals with a
4474	4476		mobility problem that substantially impairs the person's ability to
4475	4477		move around. A person assisting an individual with a mobility
4476	4478		problem may also, at the individual's request, be given voting
4477	4479		order priority. Disabilities and conditions that may qualify you
4478	4480		for voting order priority include paralysis, lung disease, the use
4479	4481		of portable oxygen, cardiac deficiency, severe limitation in the
4480	4482		ability to walk due to arthritic, neurological, or orthopedic
4481	4483		condition, wheelchair confinement, arthritis, foot disorder, the
4482	4484		inability to walk 200 feet without stopping to rest, or use of a
4483	4485		brace, cane, crutch, or other assistive device."
4484	4486		(5) Section 1104.359(a), Estates Code, is amended to
4485	4487		read as follows:
4486	4488		(a) A guardianship program may not be appointed guardian:
4487	4489		(1) if the program is not registered as required under
4488	4490		Subchapter F [D], Chapter 155, Government Code;
4489	4491		(2) if a registration certificate issued to the
4490	4492		program under Subchapter F [D], Chapter 155, Government Code, is
4491	4493		expired or refused renewal, or has been revoked and not been
4492	4494		reissued; or
4493	4495		(3) during the time a registration certificate issued
4494	4496		to the program under Subchapter F [D], Chapter 155, Government
4495	4497		Code, is suspended.
4496	4498		(6) Section 281.003, Finance Code, as redesignated
4497	4499		from Section 280.003, Finance Code, by Section 21.001 of this Act,
4498	4500		is amended to read as follows:
4499	4501		Sec. 281.003 [280.003]. NOTIFYING THIRD PARTIES OF
4500	4502		SUSPECTED FINANCIAL EXPLOITATION OF VULNERABLE ADULTS. If a
4501	4503		financial institution submits a report of suspected financial
4502	4504		exploitation of a vulnerable adult to the department under Section
4503	4505		281.002(b) [280.002(b)], the financial institution may at the time
4504	4506		the financial institution submits the report also notify a third
4505	4507		party reasonably associated with the vulnerable adult of the
4506	4508		suspected financial exploitation, unless the financial institution
4507	4509		suspects the third party of financial exploitation of the
4508	4510		vulnerable adult.
4509	4511		(7) Subsections (a) and (b), Section 281.004, Finance
4510	4512		Code, as redesignated from Subsections (a) and (b), Section
4511	4513		280.004, Finance Code, by Section 21.001 of this Act, are amended to
4512	4514		read as follows:
4513	4515		(a) Notwithstanding any other law, if a financial
4514	4516		institution submits a report of suspected financial exploitation of
4515	4517		a vulnerable adult to the department under Section 281.002(b)
4516	4518		[280.002(b)], the financial institution:
4517	4519		(1) may place a hold on any transaction that:
4518	4520		(A) involves an account of the vulnerable adult;
4519	4521		and
4520	4522		(B) the financial institution has cause to
4521	4523		believe is related to the suspected financial exploitation; and
4522	4524		(2) must place a hold on any transaction involving an
4523	4525		account of the vulnerable adult if the hold is requested by the
4524	4526		department or a law enforcement agency.
4525	4527		(b) Subject to Subsection (c), a hold placed on any
4526	4528		transaction under Subsection (a) expires on the 10th business day
4527	4529		after the date the financial institution submits the report under
4528	4530		Section 281.002(b) [280.002(b)].
4529	4531		(8) Section 281.005, Finance Code, as redesignated
4530	4532		from Section 280.005, Finance Code, by Section 21.001 of this Act,
4531	4533		is amended to read as follows:
4532	4534		Sec. 281.005 [280.005]. IMMUNITY. (a) An employee of a
4533	4535		financial institution who makes a notification under Section
4534	4536		281.002(a) [280.002(a)], a financial institution that submits a
4535	4537		report under Section 281.002(b) [280.002(b)] or makes a
4536	4538		notification to a third party under Section 281.003 [280.003], or
4537	4539		an employee who or financial institution that testifies or
4538	4540		otherwise participates in a judicial proceeding arising from a
4539	4541		notification or report is immune from any civil or criminal
4540	4542		liability arising from the notification, report, testimony, or
4541	4543		participation in the judicial proceeding, unless the employee or
4542	4544		financial institution acted in bad faith or with a malicious
4543	4545		purpose.
4544	4546		(b) A financial institution that in good faith and with the
4545	4547		exercise of reasonable care places or does not place a hold on any
4546	4548		transaction under Section 281.004(a)(1) [280.004(a)(1)] is immune
4547	4549		from any civil or criminal liability or disciplinary action
4548	4550		resulting from that action or failure to act.
4549	4551		(9) Section 53.0071, Government Code, is amended to
4550	4552		read as follows:
4551	4553		Sec. 53.0071. BAILIFF AS PEACE OFFICER. Unless the
4552	4554		appointing judge provides otherwise in the order of appointment, a
4553	4555		bailiff appointed under Section 53.001(b), (g), [or] (k), or (m) or
4554	4556		53.002(c), (e), or (f) is a "peace officer" for purposes of Article
4555	4557		2.12, Code of Criminal Procedure.
4556	4558		(10) Subsection (b), Section 155.253, Government
4557	4559		Code, as redesignated from Subsection (b), Section 155.153,
4558	4560		Government Code, by Section 21.001 of this Act, is amended to read
4559	4561		as follows:
4560	4562		(b) The supreme court shall adopt rules and procedures for
4561	4563		issuing, renewing, suspending, or revoking a registration
4562	4564		certificate under this section. Rules adopted by the supreme court
4563	4565		under this section must:
4564	4566		(1) ensure compliance with the standards adopted under
4565	4567		Section 155.252 [155.152];
4566	4568		(2) provide that the commission establish
4567	4569		qualifications for obtaining and maintaining a registration
4568	4570		certificate;
4569	4571		(3) provide that a registration certificate expires on
4570	4572		the second anniversary of the date the certificate is issued;
4571	4573		(4) prescribe procedures for accepting complaints and
4572	4574		conducting investigations of alleged violations by guardianship
4573	4575		programs of the standards adopted under Section 155.252 [155.152]
4574	4576		or other violations of this chapter or other applicable state law;
4575	4577		(5) prescribe procedures by which the commission,
4576	4578		after notice and hearing, may suspend or revoke the registration
4577	4579		certificate of a guardianship program that does not substantially
4578	4580		comply with the standards adopted under Section 155.252 [155.152]
4579	4581		or other provisions of this chapter or other applicable state law;
4580	4582		and
4581	4583		(6) prescribe procedures for addressing a
4582	4584		guardianship for which a guardianship program is the appointed
4583	4585		guardian if the guardianship program's registration certificate is
4584	4586		expired or refused renewal, or has been revoked and not been
4585	4587		reissued.
4586	4588		(11) Subsection (a), Section 364.034, Health and
4587	4589		Safety Code, is amended to read as follows:
4588	4590		(a) A public agency or a county may:
4589	4591		(1) offer solid waste disposal service to persons in
4590	4592		its territory, including, in the case of a county described by
4591	4593		Section 364.011(a-2)(2) [364.011(a-1)(2)], an area of the county
4592	4594		located within the extraterritorial jurisdiction of a municipality
4593	4595		if the municipality does not provide solid waste disposal services
4594	4596		in that area;
4595	4597		(2) require the use of the service by those persons,
4596	4598		except as provided by Subsection (a-1);
4597	4599		(3) charge fees for the service; and
4598	4600		(4) establish the service as a utility separate from
4599	4601		other utilities in its territory.
4600	4602		(12) Section 364.0345, Health and Safety Code, is
4601	4603		amended to read as follows:
4602	4604		Sec. 364.0345. PENALTIES FOR FAILURE TO USE REQUIRED
4603	4605		SERVICE IN CERTAIN AREAS. The commissioners court of a county
4604	4606		described by Section 364.011(a-2)(2) [364.011(a-1)(2)] that
4605	4607		requires the use of a county solid waste disposal service under
4606	4608		Section 364.034 in the extraterritorial jurisdiction of a
4607	4609		municipality may adopt orders to enforce the requirement, including
4608	4610		an order establishing a civil or administrative penalty in an
4609	4611		amount reasonable and necessary to ensure compliance with the
4610	4612		requirement.
4611	4613		(13) Subsection (b), Section 1003.056, Health and
4612	4614		Safety Code, is amended to read as follows:
4613	4615		(b) This subchapter does not affect or authorize a person to
4614	4616		violate any law regulating the possession, use, or transfer of
4615	4617		fetal tissue, fetal stem cells, adult stem cells, or human organs,
4616	4618		including Sections 48.02 and 48.04 [48.03], Penal Code.
4617	4619		(14) Subsection (f), Section 22.01, Penal Code, is
4618	4620		amended to read as follows:
4619	4621		(f) For the purposes of Subsections (b)(2)(A) and (b-3)(2)
4620	4622		[(b-2)(2)]:
4621	4623		(1) a defendant has been previously convicted of an
4622	4624		offense listed in those subsections committed against a person
4623	4625		whose relationship to or association with the defendant is
4624	4626		described by Section 71.0021(b), 71.003, or 71.005, Family Code, if
4625	4627		the defendant was adjudged guilty of the offense or entered a plea
4626	4628		of guilty or nolo contendere in return for a grant of deferred
4627	4629		adjudication, regardless of whether the sentence for the offense
4628	4630		was ever imposed or whether the sentence was probated and the
4629	4631		defendant was subsequently discharged from community supervision;
4630	4632		and
4631	4633		(2) a conviction under the laws of another state for an
4632	4634		offense containing elements that are substantially similar to the
4633	4635		elements of an offense listed in those subsections is a conviction
4634	4636		of the offense listed.
4635	4637		(15) Section 8000.004, Special District Local Laws
4636	4638		Code, as redesignated from Section 7998.004, Special District Local
4637	4639		Laws Code, by Section 21.001 of this Act, is amended to read as
4638	4640		follows:
4639	4641		Sec. 8000.004 [7998.004]. CONSENT OF MUNICIPALITY
4640	4642		REQUIRED. The temporary directors may not hold an election under
4641	4643		Section 8000.003 [7998.003] until each municipality in whose
4642	4644		corporate limits or extraterritorial jurisdiction the district is
4643	4645		located has consented by ordinance or resolution to the creation of
4644	4646		the district and to the inclusion of land in the district.
4645	4647		(16) Subsection (b), Section 8000.051, Special
4646	4648		District Local Laws Code, as redesignated from Subsection (b),
4647	4649		Section 7998.051, Special District Local Laws Code, by Section
4648	4650		21.001 of this Act, is amended to read as follows:
4649	4651		(b) Except as provided by Section 8000.052 [7998.052],
4650	4652		directors serve staggered four-year terms.
4651	4653		(17) Subsections (b) and (c), Section 8000.052,
4652	4654		Special District Local Laws Code, as redesignated from Subsections
4653	4655		(b) and (c), Section 7998.052, Special District Local Laws Code, by
4654	4656		Section 21.001 of this Act, are amended to read as follows:
4655	4657		(b) Temporary directors serve until the earlier of:
4656	4658		(1) the date permanent directors are elected under
4657	4659		Section 8000.003 [7998.003]; or
4658	4660		(2) the fourth anniversary of the effective date of
4659	4661		the Act enacting this chapter.
4660	4662		(c) If permanent directors have not been elected under
4661	4663		Section 8000.003 [7998.003] and the terms of the temporary
4662	4664		directors have expired, successor temporary directors shall be
4663	4665		appointed or reappointed as provided by Subsection (d) to serve
4664	4666		terms that expire on the earlier of:
4665	4667		(1) the date permanent directors are elected under
4666	4668		Section 8000.003 [7998.003]; or
4667	4669		(2) the fourth anniversary of the date of the
4668	4670		appointment or reappointment.
4669	4671		(18) Subsections (e) and (h), Section 8000.106,
4670	4672		Special District Local Laws Code, as redesignated from Subsections
4671	4673		(e) and (h), Section 7998.106, Special District Local Laws Code, by
4672	4674		Section 21.001 of this Act, are amended to read as follows:
4673	4675		(e) The board may adopt an order dividing the district
4674	4676		before or after the date the board holds an election under Section
4675	4677		8000.003 [7998.003] to confirm the district's creation.
4676	4678		(h) A new district created by the division of the district
4677	4679		shall hold a confirmation and directors' election as required by
4678	4680		Section 8000.003 [7998.003].
4679	4681		(19) Subsection (a), Section 8000.152, Special
4680	4682		District Local Laws Code, as redesignated from Subsection (a),
4681	4683		Section 7998.152, Special District Local Laws Code, by Section
4682	4684		21.001 of this Act, is amended to read as follows:
4683	4685		(a) If authorized at an election held under Section 8000.151
4684	4686		[7998.151], the district may impose an operation and maintenance
4685	4687		tax on taxable property in the district in accordance with Section
4686	4688		49.107, Water Code.
4687	4689		(20) Subsection (a-1), Section 621.508,
4688	4690		Transportation Code, is amended to read as follows:
4689	4691		(a-1) The affirmative defense provided by Subsection (a)
4690	4692		does not apply to the excess weights authorized under Section
4691	4693		623.421(b) [623.401(b)].
4692	4694		(21) Subsection (b), Section 623.003, Transportation
4693	4695		Code, as amended by Chapters 108 (S.B. 1524) and 750 (S.B. 1383),
4694	4696		Acts of the 85th Legislature, Regular Session, 2017, is reenacted
4695	4697		and amended to read as follows:
4696	4698		(b) The Texas Department of Transportation shall provide
4697	4699		the department with all routing information necessary to complete a
4698	4700		permit issued under Section 623.071, 623.121, 623.142, 623.192, [or
4699	4701		623.401] 623.402, or 623.421.
4700	4702		(22) Subsection (a), Section 623.424, Transportation
4701	4703		Code, as redesignated from Subsection (a), Section 623.404,
4702	4704		Transportation Code, by Section 21.001 of this Act, is amended to
4703	4705		read as follows:
4704	4706		(a) Except as provided by Subsections (b) and (c), a vehicle
4705	4707		combination operating under a permit under this subchapter may
4706	4708		operate on a federal interstate highway or a state, county, or
4707	4709		municipal road, including a frontage road adjacent to a federal
4708	4710		interstate highway, if the truck-tractor displays a sticker
4709	4711		required by Section 623.422 [623.402] and the vehicle combination
4710	4712		does not exceed the maximum axle or gross weight applicable to the
4711	4713		combination under the terms of the permit.
4712	4714		(23) Section 623.425, Transportation Code, as
4713	4715		redesignated from Section 623.405, Transportation Code, by Section
4714	4716		21.001 of this Act, is amended to read as follows:
4715	4717		Sec. 623.425 [623.405]. CERTAIN COUNTY OR MUNICIPAL
4716	4718		ACTIONS PROHIBITED. Unless otherwise provided by state or federal
4717	4719		law, a county or municipality may not require a permit, fee, or
4718	4720		license for the operation of a vehicle combination described by
4719	4721		Section 623.421(a) [623.401(a)] or (b) in addition to a permit,
4720	4722		fee, or license required by state law.
4721	4723		(24) Subdivision (2), Subsection A, Section 45, The
4722	4724		Securities Act (Article 581-45, Vernon's Texas Civil Statutes), is
4723	4725		amended to read as follows:
4724	4726		(2) "Exploitation," "financial exploitation," and
4725	4727		"vulnerable adult" have the meanings assigned by Section 281.001
4726	4728		[280.001], Finance Code.
4727	4729		SECTION 21.003. The following provisions of enacted codes
4728	4730		are repealed to eliminate duplicate citations:
4729	4731		(1) Section 225.123, Transportation Code, as added by
4730	4732		Chapter 545 (S.B. 396), Acts of the 85th Legislature, Regular
4731	4733		Session, 2017, is repealed as duplicative of Section 225.128,
4732	4734		Transportation Code.
4733	4735		(2) Section 225.123, Transportation Code, as added by
4734	4736		Chapter 542 (S.B. 364), Acts of the 85th Legislature, Regular
4735	4737		Session, 2017, is repealed as duplicative of Section 225.131,
4736	4738		Transportation Code.
4737	4739		(3) Section 225.123, Transportation Code, as added by
4738	4740		Chapter 543 (S.B. 365), Acts of the 85th Legislature, Regular
4739	4741		Session, 2017, is repealed as duplicative of Section 225.132,
4740	4742		Transportation Code.
4741	4743		(4) Section 225.123, Transportation Code, as added by
4742	4744		Chapter 724 (S.B. 1037), Acts of the 85th Legislature, Regular
4743	4745		Session, 2017, is repealed as duplicative of Section 225.130,
4744	4746		Transportation Code.
4745	4747		(5) Section 225.124, Transportation Code, as added by
4746	4748		Section 2, Chapter 1008 (H.B. 1317), Acts of the 85th Legislature,
4747	4749		Regular Session, 2017, is repealed as duplicative of Section
4748	4750		225.129, Transportation Code.
4749	4751		ARTICLE 22. EFFECTIVE DATE
4750	4752		SECTION 22.001. This Act takes effect September 1, 2019.
4751		-	______________________________ ______________________________
4752		-	President of the Senate Speaker of the House
4753		-	I certify that H.B. No. 4170 was passed by the House on May 3,
4754		-	2019, by the following vote: Yeas 138, Nays 2, 2 present, not
4755		-	voting.
4756		-	______________________________
4757		-	Chief Clerk of the House
4758		-	I certify that H.B. No. 4170 was passed by the Senate on May
4759		-	21, 2019, by the following vote: Yeas 31, Nays 0.
4760		-	______________________________
4761		-	Secretary of the Senate
4762		-	APPROVED: _____________________
4763		-	Date
4764		-	_____________________
4765		-	Governor