S.B. No. 241
AN ACT
relating to certain required reports received or prepared by state
agencies and other governmental entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. REPORTS REQUIRED OF STATE AGENCIES
SECTION 1.01. Section 21.0452(b), Education Code, is
amended to read as follows:
(b) The board shall make available at least the following
information regarding each educator preparation program:
(1) the information specified in Sections 21.045(a)
and (b);
(2) in addition to any other appropriate information
indicating the quality of persons admitted to the program, the
average academic qualifications possessed by persons admitted to
the program, including:
(A) average overall grade point average and
average grade point average in specific subject areas; and
(B) average scores on the Scholastic Assessment
Test (SAT), the American College Test (ACT), or the Graduate Record
Examination (GRE), as applicable;
(3) the degree to which persons who complete the
program are successful in obtaining teaching positions;
(4) the extent to which the program prepares teachers,
including general education teachers and special education
teachers, to effectively teach:
(A) students with disabilities; and
(B) students of limited English proficiency, as
defined by Section 29.052;
(5) the activities offered by the program that are
designed to prepare teachers to:
(A) integrate technology effectively into
curricula and instruction, including activities consistent with
the principles of universal design for learning; and
(B) use technology effectively to collect,
manage, and analyze data to improve teaching and learning for the
purpose of increasing student academic achievement;
(6) for each semester, the average ratio of field
supervisors to candidates completing student teaching, clinical
teaching, or an internship in an educator preparation program;
(7) [the percentage of teachers employed under a
standard teaching certificate within one year of completing the
program;
[(8)] the perseverance of beginning teachers in the
profession, as determined on the basis of the number of beginning
teachers who maintain status as active contributing members in the
Teacher Retirement System of Texas for at least three years after
certification in comparison to similar programs;
(8) [(9)] the results of exit surveys given to program
participants on completion of the program that involve evaluation
of the program's effectiveness in preparing participants to succeed
in the classroom;
(9) [(10)] the results of surveys given to school
principals that involve evaluation of the program's effectiveness
in preparing participants to succeed in the classroom, based on
experience with employed program participants; and
(10) [(11)] the results of teacher satisfaction
surveys developed under Section 21.045 and given to program
participants at the end of the first year of teaching.
SECTION 1.02. Section 51.402(b), Education Code, is amended
to read as follows:
(b) The governing board of each institution of higher
education in the state shall adopt rules and regulations concerning
faculty academic workloads. In adopting rules under this
subsection, each institution shall recognize that classroom
teaching, basic and applied research, and professional development
are important elements of faculty academic workloads by giving
appropriate weight to each activity when determining the standards
for faculty academic workload. An institution may give the same or
different weight to each activity and to other activities
recognized by the institution as important elements of faculty
academic workloads. The established rules and regulations of each
institution shall be [reported to the coordinating board and]
included in the operating budgets of each institution.
SECTION 1.03. Section 51.680(c), Education Code, is amended
to read as follows:
(c) It is a policy of the state that each institution of
higher education shall at all times [after August 31, 1988,] have a
current copy of its intellectual property policies that meet the
minimum standards set out in Subsection (a) [on file with the Texas
Higher Education Coordinating Board or] posted on the institution's
website on the Internet in a manner available to the public. The
commissioner of higher education shall establish procedures for the
monitoring of this policy of the state.
SECTION 1.04. Section 51.751(b), Education Code, is amended
to read as follows:
(b) The center shall examine the efficiency of the public
school system and the effectiveness of instructional methods and
curricular programs and promote the use of successful methods and
programs. The center shall monitor and evaluate the implementation
of the accountability system under Chapters 39 and 39A [and provide
annual progress reports to the governor, Legislative Budget Board,
and commissioner of education].
SECTION 1.05. Section 52.335, Education Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) A participating higher educational institution is not
required to provide in any disclosure or report required under this
section information regarding loans issued by a private entity.
SECTION 1.06. Section 531.028(b), Government Code, is
amended to read as follows:
(b) The executive commissioner shall establish a federal
money management system to coordinate and monitor the use of
federal money that is received by health and human services
agencies to ensure that the money is spent in the most efficient
manner and shall:
(1) establish priorities for use of federal money by
all health and human services agencies, in coordination with the
coordinated strategic plan established under Section 531.022 [and
the budget prepared under Section 531.026];
(2) coordinate and monitor the use of federal money
for health and human services to ensure that the money is spent in
the most cost-effective manner throughout the health and human
services system;
(3) review and approve all federal funding plans for
health and human services in this state;
(4) estimate available federal money, including
earned federal money, and monitor unspent money;
(5) ensure that the state meets federal requirements
relating to receipt of federal money for health and human services,
including requirements relating to state matching money and
maintenance of effort;
(6) transfer appropriated amounts as described by
Section 531.0271; and
(7) ensure that each governmental entity identified
under Section 531.022(e) has access to complete and timely
information about all sources of federal money for health and human
services programs and that technical assistance is available to
governmental entities seeking grants of federal money to provide
health and human services.
SECTION 1.07. Sections 531.421(3) and (4), Government Code,
are amended to read as follows:
(3) ["Consortium" means the Texas System of Care
Consortium established under Subchapter G-1.
[(4)] "Systems of care services" means a comprehensive
state system of mental health services and other necessary and
related services that is organized as a coordinated network to meet
the multiple and changing needs of children with severe emotional
disturbances and their families.
SECTION 1.08. Section 531.422(c), Government Code, is
amended to read as follows:
(c) Each community resource coordination group shall submit
the report described by Subsection (b) to the commission
[consortium]. The commission [consortium] shall provide [a
deadline] to each group a deadline for submitting the reports that
is[. The time frame for completing the reports must be] coordinated
with any regional reviews by the commission of the delivery of
related services.
SECTION 1.09. Section 531.423, Government Code, is amended
to read as follows:
Sec. 531.423. SUMMARY REPORT BY COMMISSION [CONSORTIUM].
(a) The commission [consortium] shall create a summary report
based on the evaluations in the reports submitted to the commission
[consortium] by community resource coordination groups under
Section 531.422. The commission's [consortium's] report must
include recommendations for policy and statutory changes at each
agency that is involved in the provision of systems of care services
and the outcome expected from implementing each recommendation.
(b) The commission [consortium] shall coordinate, where
appropriate, the recommendations in the report created under this
section with recommendations in the assessment developed under
Chapter 23 (S.B. [No.] 491), Acts of the 78th Legislature, Regular
Session, 2003, and with the continuum of care developed under
Section 533.040(d), Health and Safety Code [S.B. No. 490, Acts of
the 78th Legislature, Regular Session, 2003].
(c) The commission [consortium] may include in the report
created under this section recommendations for the statewide
expansion of sites participating in the Texas System of Care and the
integration of services provided at those sites with services
provided by community resource coordination groups.
(d) The commission [consortium] shall provide a copy of the
report created under this section to each agency for which the
report makes a recommendation and to other agencies as appropriate.
SECTION 1.10. Section 2003.108, Government Code, is amended
to read as follows:
Sec. 2003.108. PENDING CASE STATUS REVIEW [REPORTS].
[(a) The office shall provide the comptroller a monthly status
report that lists pending cases and provides information on any
case that exceeds the comptroller's time lines for issuing a
proposal for decision or an agreed order.
[(b)] At least quarterly, the office shall review with the
comptroller and appropriate staff of the office the status of
pending cases under this subchapter.
[(c) The office shall provide a quarterly report to the
comptroller on services performed by the office for the comptroller
under this subchapter.]
SECTION 1.11. Section 2054.075(b), Government Code, is
amended to read as follows:
(b) Each state agency [shall provide that its] information
resources manager is part of the agency's executive management and
reports directly [to a person with a title functionally equivalent]
to the executive head [director] or deputy executive head of the
agency [director]. Each state agency shall report to the
department the extent and results of its compliance with this
subsection and include with the report an organizational chart
showing the structure of the personnel in the agency's executive
management. The[, and the] department shall report the extent and
results of state agencies' compliance with this subsection to the
legislature.
SECTION 1.12. Section 2054.100(a), Government Code, is
amended to read as follows:
(a) Each state agency shall submit an operating plan to the
Legislative Budget Board, [the department,] the quality assurance
team, and the governor each state fiscal biennium in accordance
with the directions of the Legislative Budget Board.
SECTION 1.13. Section 2054.103, Government Code, is amended
to read as follows:
Sec. 2054.103. SUBMISSION OF OPERATING PLANS. Each state
agency shall send a copy of its biennial operating plan and of any
amendments to the plan, as approved by the Legislative Budget
Board, to the governor[, the department,] and the state auditor not
later than the 30th day after the date the Legislative Budget Board
approves the plan or amendment, as applicable.
SECTION 1.14. Sections 2054.133(c) and (f), Government
Code, are amended to read as follows:
(c) Not later than June 1 [October 15] of each even-numbered
year, each state agency shall submit a copy of the agency's
information security plan to the department. Subject to available
resources, the department may select a portion of the submitted
security plans to be assessed by the department in accordance with
department rules.
(f) Not later than November 15 [January 13] of each
even-numbered [odd-numbered] year, the department shall submit a
written report to the governor, the lieutenant governor, and each
standing committee of the legislature with primary jurisdiction
over matters related to the department evaluating information
security for this state's information resources. In preparing the
report, the department shall consider the information security
plans submitted by state agencies under this section, any
vulnerability reports submitted under Section 2054.077, and other
available information regarding the security of this state's
information resources. The department shall omit from any written
copies of the report information that could expose specific
vulnerabilities in the security of this state's information
resources.
SECTION 1.15. Section 2054.304(b), Government Code, is
amended to read as follows:
(b) Except as provided by Subsection (c), the state agency
must file the project plan with the quality assurance team [and the
department] before the agency:
(1) spends more than 10 percent of allocated funds for
the project or major contract; or
(2) first issues a vendor solicitation for the project
or contract.
SECTION 1.16. Section 2054.515(b), Government Code, is
amended to read as follows:
(b) Not later than December 1 of the year in which a state
agency conducts the assessment under Subsection (a), the agency
shall report the results of the assessment to:
(1) the department; and
(2) on request, the governor, the lieutenant governor,
and the speaker of the house of representatives.
SECTION 1.17. Section 2056.002(d), Government Code, is
amended to read as follows:
(d) A state agency shall send two copies of each plan to both
the Legislative Reference Library and the state publications
clearinghouse of the Texas State Library and one copy each to:
(1) the governor;
(2) the lieutenant governor;
(3) the speaker of the house of representatives;
(4) the Legislative Budget Board; and
(5) [the Sunset Advisory Commission;
[(6)] the state auditor[; and
[(7) the Department of Information Resources].
SECTION 1.18. Section 2102.009, Government Code, is amended
to read as follows:
Sec. 2102.009. ANNUAL REPORT. The internal auditor shall
prepare an annual report and submit the report before November 1 of
each year to the governor, the Legislative Budget Board, [the
Sunset Advisory Commission,] the state auditor, the state agency's
governing board, and the administrator. The state auditor shall
prescribe the form and content of the report, subject to the
approval of the legislative audit committee.
SECTION 1.19. Sections 2102.0091(a), (c), and (d),
Government Code, are amended to read as follows:
(a) A state agency shall file with the division of the
governor's office responsible for budget and policy [Sunset
Advisory Commission, the Governor's Office of Budget, Planning, and
Policy], the state auditor, and the Legislative Budget Board a copy
of each report submitted to the state agency's governing board or
the administrator of the state agency if the state agency does not
have a governing board by the agency's internal auditor.
(c) In addition to the requirements of Subsection (a), a
state agency shall file with the division of the governor's office
responsible for budget and policy [Governor's Office of Budget,
Planning, and Policy], the state auditor, and the Legislative
Budget Board any action plan or other response issued by the state
agency's governing board or the administrator of the state agency
if the state agency does not have a governing board in response to
the report of the state agency's internal auditor.
(d) If the state agency does not file the report as required
by this section, the Legislative Budget Board or the division of the
governor's office responsible for budget and policy [Governor's
Office of Budget, Planning, and Policy] may take appropriate action
to compel the filing of the report.
SECTION 1.20. Section 2166.003(b), Government Code, is
amended to read as follows:
(b) Only Sections [2166.104,] 2166.151, 2166.152, 2166.153,
2166.154, 2166.155, 2166.251, and 2166.252[,] and Subchapter H
apply to a construction project undertaken by or for the Texas
Department of Criminal Justice for the imprisonment of individuals
convicted of felonies other than state jail felonies.
SECTION 1.21. Section 2166.102(c), Government Code, is
amended to read as follows:
(c) The master facilities plan must contain:
(1) projections of the amount of administrative office
space and client service space needed by state agencies, including
the current amount of each state agency's administrative office
space in Travis County and identification of locations that
currently exceed the space limitations prescribed by Section
2165.104(c);
(2) an examination of the commission's efforts to
colocate administrative office space;
(3) an examination of the use, age, condition, and
economic life of state-owned buildings on the commission's
inventory, including a listing of all improvements and repairs that
have been made to the buildings with an itemized account of receipts
and expenditures and an estimate of needed improvements and
repairs;
(4) [(3)] an analysis, in accordance with Subchapter
D, of projects that have been requested by state agencies,
including:
(A) a brief and specific justification prepared
by the using agency for each project;
(B) a summary of the project analysis or, if the
analysis was not made, a statement briefly describing the method
used to estimate costs for the project;
(C) a project cost estimate detailed enough to
allow the budget agencies, the governor, and the legislature the
widest possible latitude in developing policy regarding each
project request;
(D) an estimate, prepared by the commission with
the cooperation of both the using agency and any private design
professional retained, of the annual cost of maintaining the
completed project, including the estimated cost of utility
services;
(E) an estimate, prepared by the using agency, of
the annual cost of staffing and operating the completed project,
excluding maintenance cost;
(F) if appropriate and with the using agency's
approval, an indication of:
(i) the feasibility of stage construction
of a requested project; and
(ii) the degree to which money will be
required in the next biennium if the project is undertaken in
stages; and
(G) the designated priority of each project to
which a priority rating has been assigned under Section
2166.151(c);
(5) [(4)] an examination of the extent to which the
state satisfies its need for space by leasing building space;
(6) [(5)] an examination of state-paid operation and
maintenance costs[, including costs for telecommunications
services,] for existing buildings owned or leased by the state;
(7) [(6)] a discussion of the economic and market
conditions affecting the costs of the construction or lease of
buildings;
(8) [(7)] an analysis of whether the state will
benefit more from satisfying its needs for space by:
(A) engaging in new projects;
(B) leasing built space; or
(C) satisfying its needs in another manner;
(9) the commission's findings and recommendations
under Section 2166.103;
(10) a summary of the commission's findings under
Section 2166.101 on the status of state-owned buildings and current
information on construction costs;
(11) the comprehensive capital improvement and
deferred maintenance plan and regular updates developed under
Section 2166.108, including the aggregate project costs for each
state agency;
(12) [(8)] an examination of the amount of exempt and
nonexempt office space under Section 2165.104(c); and
(13) [(9)] other information relevant to the
long-range plan that is:
(A) considered appropriate by the commission; or
(B) requested in writing by the governor or the
presiding officer of either house of the legislature.
SECTION 1.22. Sections 2166.103(b) and (c), Government
Code, are amended to read as follows:
(b) The commission shall identify counties in which more
than 50,000 square feet of usable office space is needed and make
recommendations for meeting that need. The commission may
recommend leasing or purchasing and renovating one or more existing
buildings or constructing one or more buildings. [The commission
shall include the commission's findings and recommendations in the
commission's master facilities plan required under Section
2166.102.]
(c) The commission may collect appropriate information it
considers necessary for preparing its recommendations [and
report].
SECTION 1.23. Section 2166.151, Government Code, is amended
by adding Subsection (c) to read as follows:
(c) If a using agency requests three or more projects, it
shall designate its priority rating for each project. The budget
agencies shall, with the commission's cooperation, develop
detailed instructions to implement the priority system required by
this subsection.
SECTION 1.24. Section 2176.005(a), Government Code, is
amended to read as follows:
(a) A state agency in Travis County shall periodically send
to the governor [and the legislative budget office] a report of its
progress in achieving the objectives for and the revisions of mail
operations established under Section 2176.004, including an
analysis of savings projected from the resulting improvements in
managing mail.
SECTION 1.25. Sections 2205.039(a) and (b), Government
Code, are amended to read as follows:
(a) The [Legislative Budget Board, in cooperation with the]
department[,] shall prescribe:
(1) a travel log form for gathering information about
the use of state-operated aircraft;
(2) procedures to ensure that individuals who travel
as passengers on or operate state-operated aircraft provide in a
legible manner the information requested of them by the form; and
(3) procedures for each state agency that operates an
aircraft for sending the form to the department [and the
Legislative Budget Board].
(b) The travel log form must request the following
information about a state-operated aircraft each time the aircraft
is flown:
(1) a mission statement, which may appear as a
selection to be identified from general categories appearing on the
form;
(2) the name, state agency represented, destination,
and signature of each person who is a passenger or crew member of
the aircraft;
(3) the date of each flight;
(4) a detailed and specific description of the
official business purpose of each flight; and
(5) other information determined by the [Legislative
Budget Board and the] department to be necessary to monitor the
proper use of the aircraft.
SECTION 1.26. Section 242.005(c), Health and Safety Code,
is amended to read as follows:
(c) The department shall submit the required report to the
governor and the legislature not later than March [October] 1 of
each year.
SECTION 1.27. The heading to Subchapter E, Chapter 386,
Health and Safety Code, is amended to read as follows:
SUBCHAPTER E. EVALUATION OF UTILITY COMMISSION [AND COMPTROLLER]
ENERGY EFFICIENCY PROGRAMS
SECTION 1.28. Section 386.205, Health and Safety Code, is
amended to read as follows:
Sec. 386.205. EVALUATION OF UTILITY COMMISSION [AND
COMPTROLLER] ENERGY EFFICIENCY PROGRAMS. In cooperation with the
laboratory, the utility commission shall provide an annual report
to the commission that, by county, quantifies the reductions of
energy demand, peak loads, and associated emissions of air
contaminants achieved [from programs implemented by the state
energy conservation office and] from programs implemented under
Section 39.905, Utilities Code.
SECTION 1.29. Section 388.005(c), Health and Safety Code,
is amended to read as follows:
(c) Each political subdivision, institution of higher
education, or state agency shall establish a goal to reduce the
electric consumption by the entity by at least five percent each
state fiscal year for seven [10] years, beginning September 1, 2019
[2011].
SECTION 1.30. Section 388.006, Health and Safety Code, is
amended to read as follows:
Sec. 388.006. STATE ENERGY CONSERVATION OFFICE EVALUATION.
The State Energy Conservation Office annually shall provide the
[commission and the] laboratory with an evaluation of the
effectiveness of state and political subdivision energy efficiency
programs, including programs under this chapter. The laboratory
shall calculate, based on the evaluation and the forms submitted to
the office, the amount of energy savings and estimated reduction in
pollution achieved as a result of the implementation of programs.
The laboratory shall share the information with the commission, the
United States Environmental Protection Agency, and the Electric
Reliability Council of Texas to help with long-term forecasting and
in estimating pollution reduction.
SECTION 1.31. Section 533A.006(a), Health and Safety Code,
is amended to read as follows:
(a) The executive commissioner [department] shall report to
the Texas Medical Board any allegation received by the commission
[department] that a physician employed by or under contract with
the commission [department] in relation to services provided under
this title has committed an action that constitutes a ground for the
denial or revocation of the physician's license under Section
164.051, Occupations Code. The report must be made in the manner
provided by Section 154.051, Occupations Code.
SECTION 1.32. Section 533A.062(e), Health and Safety Code,
is amended to read as follows:
(e) The commission shall submit the proposed plan to the
Legislative Budget Board and the governor not later than October 15
of each even-numbered year [as part of the consolidated health and
human services budget recommendation required under Section
531.026, Government Code].
SECTION 1.33. Sections 555.102(c) and (d), Health and
Safety Code, are amended to read as follows:
(c) The inspector general shall deliver the summary report
to the:
(1) executive commissioner;
(2) [commissioner of the department;
[(3) commissioner of the Department of Family and
Protective Services;
[(4) Aging and Disability Services Council;
[(5)] governor;
(3) [(6)] lieutenant governor;
(4) [(7)] speaker of the house of representatives;
(5) [(8)] standing committees of the senate and house
of representatives with primary jurisdiction over centers;
(6) [(9)] state auditor;
(7) [(10) the] independent ombudsman and the
assistant ombudsman for the center involved in the report; and
(8) [(11) the] alleged victim or the alleged victim's
legally authorized representative.
(d) A summary report regarding an investigation is subject
to required disclosure under Chapter 552, Government Code. All
information and materials compiled by the inspector general in
connection with an investigation are confidential, and not subject
to disclosure under Chapter 552, Government Code, and not subject
to disclosure, discovery, subpoena, or other means of legal
compulsion for their release to anyone other than the inspector
general or the inspector general's employees or agents involved in
the investigation, except that this information may be disclosed to
[the Department of Family and Protective Services,] the office of
the attorney general, the state auditor's office, and law
enforcement agencies.
SECTION 1.34. Section 555.103(c), Health and Safety Code,
is amended to read as follows:
(c) The inspector general shall submit the annual status
report to the:
(1) executive commissioner;
(2) [commissioner of the department;
[(3) commissioner of the Department of Family and
Protective Services;
[(4) Aging and Disability Services Council;
[(5) Family and Protective Services Council;
[(6)] governor;
(3) [(7)] lieutenant governor;
(4) [(8)] speaker of the house of representatives;
(5) [(9)] standing committees of the senate and house
of representatives with primary jurisdiction over centers;
(6) [(10)] state auditor; and
(7) [(11)] comptroller.
SECTION 1.35. Section 574.014(a), Health and Safety Code,
is amended to read as follows:
(a) The clerk of each court with jurisdiction to order
commitment under this chapter shall provide the Office of Court
Administration each month with a report of the number of
applications for commitment orders for involuntary mental health
services filed with the court and the disposition of those cases,
including the number of commitment orders for inpatient and
outpatient mental health services. The Office of Court
Administration shall make the reported information available to the
Health and Human Services Commission [department] annually.
SECTION 1.36. Section 40.05275, Human Resources Code, is
amended to read as follows:
Sec. 40.05275. [ANNUAL] BUSINESS PLAN FOR CHILD PROTECTIVE
SERVICES. (a) The department shall develop and implement a [an
annual] business plan for the child protective services program to
prioritize the department's activities and resources to improve the
program.
(b) The department shall coordinate with the department's
regional staff in developing the [annual] business plan under this
section.
(c) The [annual] business plan developed under this section
must include:
(1) long-term and short-term performance goals;
(2) identification of priority projects and ongoing
initiatives that are clearly linked to established goals; and
(3) a statement of staff expectations that includes
identification of:
(A) the person or team responsible for each
project;
(B) the specific tasks and deliverables
expected;
(C) the resources needed to accomplish each
project;
(D) a time frame for the completion of each
deliverable and project; and
(E) the expected outcome for each project and the
method and procedure for measuring the outcome to ensure effective
evaluation for each project.
(d) Not later than October 1 of each even-numbered year, the
department shall submit the [annual] business plan developed under
this section to the governor, lieutenant governor, speaker of the
house of representatives, and chairs of the standing committees of
the senate and house of representatives having primary jurisdiction
over child protection issues.
SECTION 1.37. The heading to Section 40.0528, Human
Resources Code, is amended to read as follows:
Sec. 40.0528. GOALS FOR [ANNUAL] BUSINESS PLAN FOR CHILD
PROTECTIVE SERVICES; REPORTING CASELOAD INFORMATION.
SECTION 1.38. Section 40.0528(a), Human Resources Code, is
amended to read as follows:
(a) The department shall consider the following goals in
developing the [annual] business plan required under Section
40.05275 for the child protective services program:
(1) reducing caseloads;
(2) enhancing accountability;
(3) improving the quality of investigations;
(4) eliminating delays; and
(5) ensuring the most efficient and effective use of
child protective services staff and resources.
SECTION 1.39. Section 114.008(a), Human Resources Code, is
amended to read as follows:
(a) Not later than November 1 of each even-numbered year,
the council shall:
(1) prepare a report summarizing requirements the
council identifies and recommendations for providing additional or
improved services to persons with autism or other pervasive
developmental disorders; and
(2) deliver the report to [the executive
commissioner,] the governor, the lieutenant governor, and the
speaker of the house of representatives.
SECTION 1.40. Section 412.053(b), Labor Code, is amended to
read as follows:
(b) The information shall be reported not later than the
60th day after [before] the last day of each fiscal year.
SECTION 1.41. Section 413.0515, Labor Code, is amended to
read as follows:
Sec. 413.0515. REPORTS OF PHYSICIAN AND CHIROPRACTOR
VIOLATIONS. (a) If the division or the Texas Medical [State]
Board [of Medical Examiners] discovers an act or omission by a
physician that may constitute a felony, a misdemeanor involving
moral turpitude, a violation of state or federal narcotics or
controlled substance law, an offense involving fraud or abuse under
the Medicare or Medicaid program, or a violation of this subtitle,
the discovering agency shall report in a widely used electronic
format that act or omission to the other agency.
(b) If the division or the Texas Board of Chiropractic
Examiners discovers an act or omission by a chiropractor that may
constitute a felony, a misdemeanor involving moral turpitude, a
violation of state or federal narcotics or controlled substance
law, an offense involving fraud or abuse under the Medicare or
Medicaid program, or a violation of this subtitle, the discovering
agency shall report in a widely used electronic format that act or
omission to the other agency.
SECTION 1.42. Section 161.2111, Natural Resources Code, is
amended to read as follows:
Sec. 161.2111. REPORT TO BOND REVIEW BOARD. When the
Veterans' Land Board applies under Subchapter C, Chapter 1231,
Government Code, for the Bond Review Board's approval of a bond
issuance, or on request of the Bond Review Board, with [With]
respect to purchases made under this chapter, the Veterans' Land
Board shall file [annually] with the Bond Review Board a report on
the performance of loans made by the Veterans' Land Board in
connection with the purchases. The Bond Review Board shall review
the reports filed by the Veterans' Land Board under this section to
assess the performance of loans made under this chapter. The filing
dates and the contents of the reports must comply with any rules
adopted by the Bond Review Board.
SECTION 1.43. Section 162.003(e), Natural Resources Code,
is amended to read as follows:
(e) When the Veterans' Land Board applies under Subchapter
C, Chapter 1231, Government Code, for the Bond Review Board's
approval of a bond issuance, or on request of the Bond Review Board,
with [With] respect to loans made under the program, the Veterans'
Land Board shall file [annually] with the Bond Review Board a report
on the performance of the loans. The Bond Review Board shall review
the reports filed by the Veterans' Land Board under this subsection
to assess the performance of loans made under the program. The
filing dates and the contents of the reports must comply with any
rules adopted by the Bond Review Board.
SECTION 1.44. Section 13.063, Utilities Code, is amended to
read as follows:
Sec. 13.063. ANNUAL REPORT [REPORTS]. [(b)] The office
shall prepare annually a report on the office's activities during
the preceding year and submit the report to the standing
legislative committees that have jurisdiction over the office, the
house appropriations committee, and the senate finance committee[,
and the Sunset Advisory Commission]. At a minimum, the report must
include:
(1) a list of the types of activities conducted by the
office and the time spent by the office on each activity;
(2) the number of hours billed by the office for
representing residential or small commercial consumers in
proceedings;
(3) the number of staff positions and the type of work
performed by each position; and
(4) the office's rate of success in representing
residential or small commercial consumers in appealing commission
decisions.
SECTION 1.45. Section 17.1245, Water Code, is amended to
read as follows:
Sec. 17.1245. EVALUATION. [(a)] In passing on an
application for financial assistance from a retail public utility
that provides potable water service to 3,300 or more connections,
the board shall:
(1) evaluate for compliance with the board's best
management practices the utility's water conservation plan
required under Section 13.146; and
(2) issue a report to a utility detailing the results
of the evaluation conducted under Subdivision (1).
[(b) Not later than January 1 of each odd-numbered year, the
board shall submit to the legislature a written summary of the
results of evaluations conducted under Subsection (a)(1).]
SECTION 1.46. Sections 27.0516(k) and (m), Water Code, are
amended to read as follows:
(k) Notwithstanding Subsection (h)(3), a general permit may
authorize the owner of an injection well authorized under
Subsection (f)(2) or (3) to continue operating the well for the
purpose of implementing the desalination or engineered aquifer
storage and recovery project following completion of the
small-scale research project, provided that:
(1) the injection well owner timely submits the
information collected as part of the research project, including
monitoring reports and information regarding the environmental
impact of the well, to the commission;
(2) the injection well owner, following the completion
of studies and monitoring adequate to characterize risks to the
fresh water portion of the Edwards Aquifer and other fresh water
associated with the continued operation of the well, and at least 90
days before the date the owner initiates commercial well
operations, files with the commission a notice of intent to
continue operation of the well after completion of the research
project; and
(3) the commission, based on the studies and
monitoring[, the report provided by Texas State University--San
Marcos under Subsection (l)(2),] and any other reasonably available
information, determines that continued operation of the injection
well as described in the notice of intent does not pose an
unreasonable risk to the fresh water portion of the Edwards Aquifer
or other fresh water associated with the continued operation of the
well.
(m) The commission shall make the information provided by
the owner of the injection well under Subsection (k)(1) [and the
report provided by Texas State University--San Marcos under
Subsection (l)(2)] easily accessible to the public in a timely
manner. The permit may authorize the owner of the well to continue
operating the well following completion of the research project
pending the determination by the commission.
ARTICLE 2. CONFORMING AMENDMENTS REGARDING COLONIAS PROJECTS
ADMINISTERED BY STATE AGENCIES
SECTION 2.01. The heading to Section 51.0052, Education
Code, is amended to read as follows:
Sec. 51.0052. APPLICATION REQUIREMENT FOR COLONIAS
PROJECTS [REPORT TO SECRETARY OF STATE].
SECTION 2.02. Section 51.0052(d), Education Code, is
amended to read as follows:
(d) Regarding any projects funded by an institution of
higher education that provide assistance to colonias, the [The]
institution of higher education shall require an applicant for the
funds [administered by the institution] to submit to the
institution a colonia classification number, if one exists, for
each colonia that may be served by the project proposed in the
application. If a colonia does not have a classification number,
the institution of higher education may contact the secretary of
state or the secretary of state's representative to obtain the
classification number. On request of the institution, the
secretary of state or the secretary of state's representative shall
assign a classification number to the colonia.
SECTION 2.03. The heading to Section 487.060, Government
Code, is amended to read as follows:
Sec. 487.060. APPLICATION REQUIREMENT FOR COLONIAS
PROJECTS [REPORT TO SECRETARY OF STATE].
SECTION 2.04. Section 487.060(d), Government Code, is
amended to read as follows:
(d) Regarding any projects funded by the department that
serve colonias by providing water or wastewater services, paved
roads, or other assistance, the [The] department shall require an
applicant for the funds [administered by the department] to submit
to the department a colonia classification number, if one exists,
for each colonia that may be served by the project proposed in the
application. If a colonia does not have a classification number,
the department may contact the secretary of state or the secretary
of state's representative to obtain a number. On request of the
department, the secretary of state or the secretary of state's
representative shall assign a classification number.
SECTION 2.05. The heading to Section 531.0141, Government
Code, is amended to read as follows:
Sec. 531.0141. APPLICATION REQUIREMENT FOR COLONIAS
PROJECTS [REPORT TO SECRETARY OF STATE].
SECTION 2.06. Section 531.0141(d), Government Code, is
amended to read as follows:
(d) Regarding any projects funded by the commission that
provide assistance to colonias, the [The] commission shall require
an applicant for the funds [administered by the commission] to
submit to the commission a colonia classification number, if one
exists, for each colonia that may be served by the project proposed
in the application. If a colonia does not have a classification
number, the commission may contact the secretary of state or the
secretary of state's representative to obtain the classification
number. On request of the commission, the secretary of state or the
secretary of state's representative shall assign a classification
number to the colonia.
SECTION 2.07. The heading to Section 2306.083, Government
Code, is amended to read as follows:
Sec. 2306.083. APPLICATION REQUIREMENT FOR COLONIAS
PROJECTS [REPORT TO SECRETARY OF STATE].
SECTION 2.08. Section 2306.083(d), Government Code, is
amended to read as follows:
(d) Regarding any projects funded by the department that
provide assistance to colonias, the [The] department shall require
an applicant for the funds [administered by the department] to
submit to the department a colonia classification number, if one
exists, for each colonia that may be served by the project proposed
in the application. If a colonia does not have a classification
number, the department may contact the secretary of state or the
secretary of state's representative to obtain the classification
number. On request of the department, the secretary of state or the
secretary of state's representative shall assign a classification
number to the colonia.
SECTION 2.09. The heading to Section 1001.033, Health and
Safety Code, is amended to read as follows:
Sec. 1001.033. APPLICATION REQUIREMENT FOR COLONIAS
PROJECTS [REPORT TO SECRETARY OF STATE].
SECTION 2.10. Section 1001.033(d), Health and Safety Code,
is amended to read as follows:
(d) Regarding any projects funded by the commission that
provide assistance to colonias, the [The] commission shall require
an applicant for the funds [administered by the commission] to
submit to the commission a colonia classification number, if one
exists, for each colonia that may be served by the project proposed
in the application. If a colonia does not have a classification
number, the commission may contact the secretary of state or the
secretary of state's representative to obtain the classification
number. On request of the commission, the secretary of state or the
secretary of state's representative shall assign a classification
number to the colonia.
SECTION 2.11. The heading to Section 201.116,
Transportation Code, is amended to read as follows:
Sec. 201.116. APPLICATION REQUIREMENT FOR COLONIAS
PROJECTS [REPORT TO SECRETARY OF STATE].
SECTION 2.12. Section 201.116(d), Transportation Code, is
amended to read as follows:
(d) Regarding any projects funded by the commission that
serve colonias by providing paved roads or other assistance, the
[The] commission shall require an applicant for the funds
[administered by the commission] to submit to the commission a
colonia classification number, if one exists, for each colonia that
may be served by the project proposed in the application. If a
colonia does not have a classification number, the commission may
contact the secretary of state or the secretary of state's
representative to obtain the classification number. On request of
the commission, the secretary of state or the secretary of state's
representative shall assign a classification number to the colonia.
SECTION 2.13. The heading to Section 5.1781, Water Code, is
amended to read as follows:
Sec. 5.1781. APPLICATION REQUIREMENT FOR COLONIAS PROJECTS
[REPORT TO SECRETARY OF STATE].
SECTION 2.14. Section 5.1781(d), Water Code, is amended to
read as follows:
(d) Regarding any projects funded by the commission that
provide assistance to colonias, the [The] commission shall require
an applicant for the funds [administered by the commission] to
submit to the commission a colonia classification number, if one
exists, for each colonia that may be served by the project proposed
in the application. If a colonia does not have a classification
number, the commission may contact the secretary of state or the
secretary of state's representative to obtain the classification
number. On request of the commission, the secretary of state or the
secretary of state's representative shall assign a classification
number to the colonia.
SECTION 2.15. The heading to Section 6.1565, Water Code, is
amended to read as follows:
Sec. 6.1565. APPLICATION REQUIREMENT FOR COLONIAS PROJECTS
[REPORT TO SECRETARY OF STATE].
SECTION 2.16. Section 6.1565(d), Water Code, is amended to
read as follows:
(d) Regarding any projects funded by the board that serve
colonias by providing water or wastewater services or other
assistance, the [The] board shall require an applicant for the
funds [administered by the board] to submit to the board a colonia
classification number, if one exists, for each colonia that may be
served by the project proposed in the application. If a colonia
does not have a classification number, the board may contact the
secretary of state or the secretary of state's representative to
obtain the classification number. On request of the board, the
secretary of state or the secretary of state's representative shall
assign a classification number to the colonia.
ARTICLE 3. REPEALER AND EFFECTIVE DATE
SECTION 3.01. The following provisions are repealed:
(1) Sections 51.0052(b) and (c) and 61.506(g),
Education Code;
(2) Sections 487.060(b) and (c), 531.0141(b) and (c),
531.026, 2165.055, 2165.1061(f) and (h), 2166.101(d), 2166.104,
2166.108(d), 2206.101(d), 2306.070, and 2306.083(b) and (c),
Government Code;
(3) Sections 361.0215(d), 533.006, and 1001.033(b)
and (c), Health and Safety Code;
(4) Sections 22.0252(b), 22.028(c), and 101A.158,
Human Resources Code;
(5) Sections 201.116(b) and (c), Transportation Code;
and
(6) Sections 5.1781(b) and (c), 6.1565(b) and (c),
16.022, 26.3574(x), and 27.0516(l), Water Code.
SECTION 3.02. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 241 passed the Senate on
April 11, 2019, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 25, 2019, by the
following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 241 passed the House, with
amendments, on May 22, 2019, by the following vote: Yeas 144,
Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor