87R2922 KKR-D
By: Krause H.B. No. 2662
A BILL TO BE ENTITLED
AN ACT
relating to the elimination of certain regulations waived during
the coronavirus disease (COVID-19) pandemic.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. ALCOHOLIC BEVERAGE CODE
SECTION 1.01. Chapter 1, Alcoholic Beverage Code, is
amended by adding Section 1.021 to read as follows:
Sec. 1.021. CONSTRUCTION OF CODE: DELIVERY OF CERTAIN
MERCHANDISE. Notwithstanding any other law, a provision of this
code may not be construed to prohibit the delivery of food and other
merchandise to a grocery store using a vehicle owned or operated by
a person holding a permit or license under this code.
SECTION 1.02. Section 6.04(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) Notwithstanding any other provision of this code, for
[the holder of] a license or permit issued under this code that
expires after March 1, 2020, the holder of the license or permit may
renew the license or permit rather than reapply for an original
license or permit if, anytime [not later than the 30th day] after
the date of the expiration of the license or permit, the holder
files a renewal application and the required license or permit fee
with the commission [and pays a late fee] as provided by rules of
the commission. The commission may not charge a late fee for a
renewal application filed in accordance with this subsection.
SECTION 1.03. The heading to Section 28.1001, Alcoholic
Beverage Code, is amended to read as follows:
Sec. 28.1001. PICKUP AND [OFF-PREMISES] DELIVERY OF
ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION.
SECTION 1.04. Section 28.1001, Alcoholic Beverage Code, is
amended by amending Subsections (a), (c), and (d) and adding
Subsections (a-1), (a-2), and (e) to read as follows:
(a) In this section:
(1) "Passenger area of a motor vehicle" has the
meaning assigned by Section 49.031, Penal Code.
(2) "Tamper-proof container" means a closed cup or
similar container that is sealed with tape and placed into a bag
that has been sealed with a zip tie.
(a-1) Notwithstanding any other provision of this code, the
holder of a mixed beverage permit may deliver, or have delivered by
a third party, including an independent contractor acting under
Chapter 57, an alcoholic beverage from the permitted premises to an
ultimate consumer located off-premises and in an area where the
sale of the beverage is legal if:
(1) [the holder of the mixed beverage permit holds a
food and beverage certificate for the permitted premises;
[(2) the delivery of the alcoholic beverage is made as
part of the delivery of food prepared at the permitted premises;
[(3)] the alcoholic beverage is:
(A) a malt beverage [beer, ale,] or wine
delivered in an original container sealed by the manufacturer; or
(B) an alcoholic beverage other than a malt
beverage [beer, ale,] or wine that:
(i) is[,] delivered in an original,
single-serving container sealed by the manufacturer and not larger
than 375 milliliters; or
(ii) the permit holder mixes with other
beverages and stores in a tamper-proof container that is clearly
labeled with the permit holder's business name and the words
"alcoholic beverage"; and
(2) [(4)] the delivery is not made to another [a]
premises that is permitted or licensed under this code.
(a-2) Notwithstanding any other provision of this code, the
holder of a mixed beverage permit may allow an ultimate consumer to
pick up an alcoholic beverage described by Subsection (a-1)(1) and
remove the beverage from the permitted premises.
(c) An alcoholic beverage picked up or [may be] delivered
under this section may be provided only to a person who is 21 years
of age or older after the person picking up the alcoholic beverage
or accepting the delivery presents valid proof of identity and age
and:
(1) the person picking up the alcoholic beverage or
accepting the delivery personally signs a receipt, which may be
electronic, acknowledging the pickup or delivery; or
(2) the person providing the beverage for pickup or
making the delivery acknowledges the completion of the pickup or
delivery through a software application.
(d) This section does not authorize the holder of a brewpub
license who also holds a wine and malt beverage [beer] retailer's
permit to deliver alcoholic beverages directly to ultimate
consumers for off-premise consumption at a location other than the
licensed premises.
(e) A person who picks up or delivers an alcoholic beverage
described by Subsection (a-1)(1)(B)(ii) may not transport the
alcoholic beverage in the passenger area of a motor vehicle.
ARTICLE 2. EDUCATION CODE
SECTION 2.01. Section 18.006(b), Education Code, is amended
to read as follows:
(b) In addition to other factors determined to be
appropriate by the commissioner, the accountability system must
include consideration of:
(1) student performance on the [end-of-course]
assessment instruments administered under [required by] Section
39.023(c); and
(2) dropout rates, including dropout rates and diploma
program completion rates for the grade levels served by the diploma
program.
SECTION 2.02. Section 25.005(b), Education Code, is amended
to read as follows:
(b) A reciprocity agreement must:
(1) address procedures for:
(A) transferring student records;
(B) awarding credit for completed course work;
and
(C) permitting a student to satisfy the
requirements of Section 39.025 through successful performance on
comparable [end-of-course or other exit-level] assessment
instruments administered in another state; and
(2) include appropriate criteria developed by the
agency.
SECTION 2.03. Section 28.014(a), Education Code, is amended
to read as follows:
(a) Each school district shall partner with at least one
institution of higher education to develop and provide courses in
college preparatory mathematics and English language arts. The
courses must be designed:
(1) for students at the 12th grade level whose
performance on:
(A) an [end-of-course] assessment instrument
administered [required] under Section 39.023(c) does not meet
college readiness standards; or
(B) coursework, a college entrance examination,
or an assessment instrument designated under Section 51.334
indicates that the student is not ready to perform entry-level
college coursework; and
(2) to prepare students for success in entry-level
college courses.
SECTION 2.04. Section 28.0211(o), Education Code, is
amended to read as follows:
(o) This section does not require the administration of
a fifth [or eighth] grade assessment instrument in a subject under
Section 39.023(a) to a student enrolled in the fifth [or eighth]
grade[, as applicable,] if the student[:
[(1)] is enrolled in a course in the subject intended
for students above the student's grade level and will be
administered an assessment instrument adopted or developed under
Section 39.023(a) that aligns with the curriculum for the course in
which the student is enrolled[; or
[(2) is enrolled in a course in the subject for which
the student will receive high school academic credit and will be
administered an end-of-course assessment instrument adopted under
Section 39.023(c) for the course].
SECTION 2.05. Section 28.023(c), Education Code, is amended
to read as follows:
(c) A school district shall give a student in grade level
six or above credit for a subject on the basis of an examination for
credit in the subject approved by the board of trustees under
Subsection (a) if the student scores in the 80th percentile or above
on the examination or if the student achieves a score as provided by
Subsection (c-1). If a student is given credit in a subject on the
basis of an examination, the district shall enter the examination
score on the student's transcript [and the student is not required
to take an end-of-course assessment instrument adopted under
Section 39.023(c) for that subject].
SECTION 2.06. Sections 28.025(b-4) and (c-8), Education
Code, are amended to read as follows:
(b-4) A school district may offer the curriculum described
in Subsections (b-1)(1) through (4) in an applied manner. Courses
delivered in an applied manner must cover the essential knowledge
and skills[, and the student shall be administered the applicable
end-of-course assessment instrument as provided by Sections
39.023(c) and 39.025].
(c-8) For purposes of Subsection (c-7), the admission,
review, and dismissal committee of a student in a special education
program under Subchapter A, Chapter 29, shall determine whether the
student is required to achieve satisfactory performance on an
[end-of-course] assessment instrument administered under Section
39.023(c) to earn an endorsement on the student's transcript.
SECTION 2.07. Section 28.0255, Education Code, is amended
by amending Subsections (g) and (h) and adding Subsection (g-1) to
read as follows:
(g) A student entering the ninth grade for the first time
beginning with the 2021-2022 school year is entitled to a high
school diploma if the student:
(1) successfully complies with the curriculum
requirements specified under Subsection (e); and
(2) performs satisfactorily, as determined by the
commissioner under Subsection (h), on each [end-of-course]
assessment instrument selected [instruments listed] under Section
39.023(c) by the school district [for courses] in which the student
is [was] enrolled.
(g-1) A student other than a student described by Subsection
(g) is entitled to a high school diploma if the student:
(1) successfully complies with the curriculum
requirements specified under Subsection (e); and
(2) performs satisfactorily, as determined by the
commissioner under Subsection (h), on:
(A) each assessment instrument selected under
Section 39.023(c) by the school district in which the student is
enrolled; or
(B) assessment instruments listed under Section
39.023(c), as that section existed before amendment by _.B. ___,
Acts of the 87th Legislature, Regular Session, 2021, for courses in
which the student was enrolled.
(h) For purposes of Subsections [Subsection] (g)(2) and
(g-1)(2), the commissioner shall determine the level of
satisfactory performance on applicable [end-of-course] assessment
instruments administered to a student.
SECTION 2.08. Section 28.0258, Education Code, is amended
by amending Subsections (a), (b), (f), (h), (j), and (k) and adding
Subsections (m) and (n) to read as follows:
(a) This section applies only to an 11th or 12th grade
student who has failed to comply with the [end-of-course]
assessment instrument performance requirements under Section
39.025 for not more than two subjects identified under Section
39.023(c) [courses].
(b) For each student to whom this section applies, the
school district that the student attends shall establish an
individual graduation committee at the end of or after the
student's 11th grade year to determine whether the student may
qualify to graduate as provided by this section. A student may not
qualify to graduate under this section before the student's 12th
grade year. The committee shall be composed of:
(1) the principal or principal's designee;
(2) for each subject identified under Section
39.023(c) for [end-of-course assessment instrument on] which the
student failed to perform satisfactorily on the appropriate
corresponding required assessment instrument, a [the] teacher of
the student in that subject, designated by the principal [course];
(3) the department chair or lead teacher supervising
the teacher described by Subdivision (2); and
(4) as applicable:
(A) the student's parent or person standing in
parental relation to the student;
(B) a designated advocate described by
Subsection (c) if the person described by Paragraph (A) is unable to
serve; or
(C) the student, at the student's option, if the
student is at least 18 years of age or is an emancipated minor.
(f) Notwithstanding any other law, a student's individual
graduation committee established under this section shall
recommend additional requirements by which the student may qualify
to graduate, including:
(1) additional remediation; and
(2) for each [end-of-course] assessment instrument
required under Section 39.023(c) on which the student failed to
perform satisfactorily:
(A) the completion of a project related to the
subject area [of the course] that demonstrates proficiency in the
subject area; or
(B) the preparation of a portfolio of work
samples in the subject area [of the course], including work samples
[from the course] that demonstrate proficiency in the subject area.
(h) In determining whether a student for whom an individual
graduation committee is established is qualified to graduate, the
committee shall consider:
(1) the recommendation of the student's teacher in
each course of the subject for which the student failed to perform
satisfactorily on an [end-of-course] assessment instrument;
(2) the student's grade in each course of the subject
for which the student failed to perform satisfactorily on an
[end-of-course] assessment instrument;
(3) the student's score on each [end-of-course]
assessment instrument required under Section 39.023(c) on which the
student failed to perform satisfactorily;
(4) the student's performance on any additional
requirements recommended by the committee under Subsection (f);
(5) the number of hours of remediation that the
student has attended, including[:
[(A) attendance in a college preparatory course
required under Section 39.025(b-2), if applicable; or
[(B)] attendance in and successful completion of
a transitional college course in reading or mathematics;
(6) the student's school attendance rate;
(7) the student's satisfaction of any of the Texas
Success Initiative (TSI) college readiness benchmarks prescribed
by the Texas Higher Education Coordinating Board;
(8) the student's successful completion of a dual
credit course in English, mathematics, science, or social studies;
(9) the student's successful completion of a high
school pre-advanced placement, advanced placement, or
international baccalaureate program course in English,
mathematics, science, or social studies;
(10) the student's rating of advanced high on the most
recent high school administration of the Texas English Language
Proficiency Assessment System;
(11) the student's score of 50 or greater on a
College-Level Examination Program examination;
(12) the student's score on:
(A) the ACT or[,] the SAT, if not otherwise
considered under Subdivision (3); or
(B) the Armed Services Vocational Aptitude
Battery test;
(13) the student's completion of a sequence of courses
under a career and technical education program required to attain
an industry-recognized credential or certificate;
(14) the student's overall preparedness for
postsecondary success; and
(15) any other academic information designated for
consideration by the board of trustees of the school district.
(j) Notwithstanding any action taken by an individual
graduation committee under this section, a school district shall
administer an [end-of-course] assessment instrument required under
Section 39.023(c) to any student who fails to perform
satisfactorily on an [end-of-course] assessment instrument
required under Section 39.023(c) as provided by Section 39.025(b).
For purposes of Section 39.053(c)(1), an assessment instrument
administered as provided by this subsection is considered an
assessment instrument required for graduation retaken by a student.
(k) The commissioner shall adopt rules as necessary to
administer [implement] this section [not later than the 2015-2016
school year].
(m) For a student subject to Section 39.025(f-3)(1):
(1) for purposes of Subsection (a), this section
applies only to an 11th or 12th grade student who has failed to
comply with the end-of-course assessment instrument performance
requirements under Section 39.025, as that section existed before
amendment by __.B. ___, Acts of the 87th Legislature, Regular
Session, 2021, for not more than two courses listed in Section
39.023(c), as that section existed before amendment by _.B. ___,
Acts of the 87th Legislature, Regular Session, 2021;
(2) for purposes of the composition of an individual
graduation committee under Subsection (b)(2), the committee shall
include the teacher of the course for each end-of-course assessment
instrument described by Subdivision (1) for which the student
failed to perform satisfactorily;
(3) for purposes of Subsection (h)(1), an individual
graduation committee shall consider the recommendation of the
teacher described by Subdivision (2); and
(4) for purposes of Subsection (h)(2), an individual
graduation committee shall consider the student's grade in each
course described by Subdivision (2).
(n) Subsection (m) and this subsection expire September 1,
2025.
SECTION 2.09. Sections 29.081(b) and (b-1), Education Code,
are amended to read as follows:
(b) Each district shall provide accelerated instruction to
a student enrolled in the district who has taken an [end-of-course]
assessment instrument administered under Section 39.023(c) and has
not performed satisfactorily on the assessment instrument or who is
at risk of dropping out of school.
(b-1) Each school district shall offer before the next
scheduled administration of the assessment instrument, without
cost to the student, additional accelerated instruction to each
student in any subject in which the student failed to perform
satisfactorily on an [end-of-course] assessment instrument
required for graduation.
SECTION 2.10. Section 29.087(f), Education Code, is amended
to read as follows:
(f) A student participating in a program authorized by this
section, other than a student ordered to participate under
Subsection (d)(1), must have taken any [the] appropriate
[end-of-course] assessment instrument [instruments] specified by
Section 39.023(c) that is administered before the student enters
[entering] the program and must take any [each] appropriate
[end-of-course] assessment instrument that is administered during
the period in which the student is enrolled in the program. Except
for a student ordered to participate under Subsection (d)(1), a
student participating in the program may not take the high school
equivalency examination unless the student has taken the assessment
instruments required by this subsection.
SECTION 2.11. Section 29.402(b), Education Code, is amended
to read as follows:
(b) A person who is under 26 years of age is eligible to
enroll in a dropout recovery program under this subchapter if the
person:
(1) must complete not more than three course credits
to complete the curriculum requirements for the foundation high
school program for high school graduation; or
(2) has failed to perform satisfactorily on, as
applicable:
(A) an [end-of-course] assessment instrument
administered under Section 39.023(c);
(B) an assessment instrument administered under
Section 39.023(c) as that section existed before amendment by _.B.
___, Acts of the 87th Legislature, Regular Session, 2021; or
(C) an assessment instrument administered under
Section 39.023(c) as that section existed before amendment by
Chapter 1312 (S.B. 1031), Acts of the 80th Legislature, Regular
Session, 2007.
SECTION 2.12. Section 39.023(a), Education Code, as
effective until September 1, 2021, is amended to read as follows:
(a) The agency shall adopt or develop appropriate
criterion-referenced assessment instruments designed to assess
essential knowledge and skills in reading, [writing,] mathematics,
[social studies,] and science. Except as provided by Subsection
(a-2), all students, other than students assessed under Subsection
(b) or (l) or exempted under Section 39.027, shall be assessed in:
(1) mathematics, annually in grades three through
eight;
(2) reading, annually in grades three through eight;
and
(3) [writing, including spelling and grammar, in
grades four and seven;
[(4) social studies, in grade eight;
[(5)] science, in grades five and eight[; and
[(6) any other subject and grade required by federal
law].
SECTION 2.13. Section 39.023(a), Education Code, as
effective September 1, 2021, is amended to read as follows:
(a) The agency shall adopt or develop appropriate
criterion-referenced assessment instruments designed to assess
essential knowledge and skills in reading, mathematics, [social
studies,] and science. Except as provided by Subsection (a-2), all
students, other than students assessed under Subsection (b) or (l)
or exempted under Section 39.027, shall be assessed in:
(1) mathematics, annually in grades three through
eight;
(2) reading, annually in grades three through eight;
and
(3) [social studies, in grade eight;
[(4)] science, in grades five and eight[; and
[(5) any other subject and grade required by federal
law].
SECTION 2.14. Section 39.023, Education Code, is amended by
amending Subsections (a-2), (b-1), (c), (c-3), (c-5), (c-8), (e),
(g), (h), (i), and (p) and adding Subsections (h-1) and (q) to read
as follows:
(a-2) Except as required by federal law, a student is not
required to be assessed in a subject otherwise assessed at the
student's grade level under Subsection (a) if the student[:
[(1)] is enrolled in a course in the subject intended
for students above the student's grade level and will be
administered an assessment instrument adopted or developed under
Subsection (a) that aligns with the curriculum for the course in
which the student is enrolled[; or
[(2) is enrolled in a course in the subject for which
the student will receive high school academic credit and will be
administered an end-of-course assessment instrument adopted under
Subsection (c) for the course].
(b-1) The agency, in conjunction with appropriate
interested persons, shall redevelop assessment instruments adopted
or developed under Subsection (b) for administration to
significantly cognitively disabled students in a manner consistent
with federal law. An assessment instrument under this subsection
may not require a teacher to prepare tasks or materials for a
student who will be administered such an assessment instrument. [A
classroom portfolio method used to assess writing performance may
require a teacher to prepare tasks and materials.]
(c) The agency shall also provide for [adopt end-of-course]
assessment instruments for each federally required secondary-level
subject, including English language arts, mathematics, and
science. The commissioner shall identify a procedure for a school
district to select the Texas Success Initiative (TSI) diagnostic
assessment or the SAT, the ACT, the PSAT, or the ACT-Plan or any
other nationally recognized, norm-referenced secondary-level
assessment instrument designated by the commissioner for the
assessment of students under this subsection. Each school district
shall select one or more assessment instruments for purposes of
this subsection. A school district that selects more than one
assessment instrument must uniformly administer to students in the
district the same assessment instrument to satisfy the requirement
for the same subject [courses in Algebra I, biology, English I,
English II, and United States history. The Algebra I end-of-course
assessment instrument must be administered with the aid of
technology, but may include one or more parts that prohibit the use
of technology]. An [The English I and English II end-of-course]
assessment instrument designated under this section [instruments]
must [each] assess essential knowledge and skills in the
appropriate subject [both reading and writing and must provide a
single score]. A school district shall comply with State Board of
Education rules regarding administration of the assessment
instruments under [listed in] this subsection. If a student is in a
special education program under Subchapter A, Chapter 29, the
student's admission, review, and dismissal committee shall
determine whether any allowable modification is necessary in
administering to the student an assessment instrument required
under this subsection. [The State Board of Education shall
administer the assessment instruments. An end-of-course assessment
instrument may be administered in multiple parts over more than one
day. The State Board of Education shall adopt a schedule for the
administration of end-of-course assessment instruments that
complies with the requirements of Subsection (c-3).]
(c-3) In [Except as provided by Subsection (c-7), in]
adopting a schedule for the administration of assessment
instruments under this section, the State Board of Education shall
ensure that assessment instruments administered under Subsection
(a) or (c) are not administered on the first instructional day of a
week.
(c-5) A student's performance on an [end-of-course]
assessment instrument administered [required] under Subsection (c)
must be included in the student's academic achievement record.
(c-8) Beginning with the 2022-2023 school year, an
assessment instrument developed under Subsection (a) [or (c)] may
not present more than 75 percent of the questions in a multiple
choice format.
(e) Under rules adopted by the State Board of Education,
every third year, the agency shall release the questions and answer
keys to each assessment instrument administered under Subsection
(a), (b), [(c), (d),] or (l), excluding any assessment instrument
administered to a student for the purpose of retaking the
assessment instrument, after the last time the instrument is
administered for that school year. To ensure a valid bank of
questions for use each year, the agency is not required to release a
question that is being field-tested and was not used to compute the
student's score on the instrument. The agency shall also release,
under board rule, each question that is no longer being
field-tested and that was not used to compute a student's score.
[During the 2014-2015 and 2015-2016 school years, the agency shall
release the questions and answer keys to assessment instruments as
described by this subsection each year.]
(g) An [The State Board of Education may adopt one
appropriate, nationally recognized, norm-referenced] assessment
instrument administered under Subsection (c) [in reading and
mathematics to be administered to a selected sample of students in
the spring. If adopted, a norm-referenced assessment instrument]
must be a secured test. The commissioner shall contract with a
vendor to administer the assessment instrument, complete the
scoring of the assessment instrument, and distribute within a
reasonable period the results to the agency and the relevant
results to each school district. As soon as practicable after the
district receives the results from the vendor under this
subsection, the district shall:
(1) distribute the relevant results to each district
campus; and
(2) provide written notice to the student and the
person standing in parental relation to the student that states the
student's results and whether the student performed satisfactorily
on the assessment instrument [The state may pay the costs of
purchasing and scoring the adopted assessment instrument and of
distributing the results of the adopted instrument to the school
districts. A district that administers the norm-referenced test
adopted under this subsection shall report the results to the
agency in a manner prescribed by the commissioner].
(h) Except as provided by Subsection (g), the [The] agency
shall notify school districts and campuses of the results of
assessment instruments administered under this section not later
than the 21st day after the date the assessment instrument is
administered.
(h-1) A [The] school district shall disclose to each
district teacher the results of assessment instruments
administered to students taught by the teacher in the subject for
the school year in which the assessment instrument is administered.
(i) The provisions of this section[, except Subsection
(d),] are subject to modification by rules adopted under Section
39.022. Each assessment instrument adopted or designated under
those rules [and each assessment instrument required under
Subsection (d)] must be reliable and valid and must meet any
applicable federal requirements for measurement of student
progress.
(p) On or before September 1 of each year, the commissioner
shall make the following information available on the agency's
Internet website for each assessment instrument administered under
Subsection (a)[, (c),] or (l) and for the Texas Success Initiative
(TSI) diagnostic assessment:
(1) the number of questions on the assessment
instrument;
(2) the number of questions that must be answered
correctly to achieve satisfactory performance as determined by the
commissioner under Section 39.0241(a);
(3) the number of questions that must be answered
correctly to achieve satisfactory performance under the college
readiness performance standard as provided by Section 39.0241; and
(4) the corresponding scale scores.
(q) Notwithstanding any provision of this section or other
law, if changes made to the Every Student Succeeds Act (20 U.S.C.
Section 6301 et seq.) reduce the number or frequency of assessment
instruments required to be administered to students, the State
Board of Education shall adopt rules reducing the number or
frequency of assessment instruments administered to students under
state law, and the commissioner shall ensure that students are not
assessed in subject areas or in grades that are no longer required
to meet the minimum requirements of that Act.
SECTION 2.15. The heading to Section 39.0232, Education
Code, is amended to read as follows:
Sec. 39.0232. USE OF [END-OF-COURSE] ASSESSMENT INSTRUMENT
AS PLACEMENT INSTRUMENT; CERTAIN USES PROHIBITED.
SECTION 2.16. Sections 39.0232(a), (b), and (c), Education
Code, are amended to read as follows:
(a) To the extent practicable, the agency shall ensure that
any high school [end-of-course] assessment instrument designated
under Section 39.023(c) [developed by the agency is developed in
such a manner that the assessment instrument] may be used to
determine the appropriate placement of a student in a course of the
same subject matter at an institution of higher education.
(b) A student's performance on an [end-of-course]
assessment instrument administered under Section 39.023(c) may not
be used:
(1) in determining the student's class ranking for any
purpose, including entitlement to automatic college admission
under Section 51.803 or 51.804; or
(2) as a sole criterion in the determination of
whether to admit the student to a general academic teaching
institution in this state.
(c) Subsection (b)(2) does not prohibit a general academic
teaching institution from implementing an admission policy that
takes into consideration a student's performance on an
[end-of-course] assessment instrument administered under Section
39.023(c) in addition to other criteria.
SECTION 2.17. Section 39.0234, Education Code, is amended
to read as follows:
Sec. 39.0234. ELECTRONIC ADMINISTRATION OF ASSESSMENT
INSTRUMENTS. (a) Except as provided by Subsection (b), the [The]
agency shall ensure that assessment instruments required under
Section 39.023 are capable of being administered electronically.
(b) Subsection (a) does not apply to a nationally
recognized, norm-referenced assessment instrument under Section
39.023(c).
SECTION 2.18. Section 39.0241, Education Code, is amended
by amending Subsection (a-1) and adding Subsection (a-2) to read as
follows:
(a-1) The commissioner of education, in collaboration with
the commissioner of higher education, shall determine the level of
performance necessary to indicate college readiness[, as defined by
Section 39.024(a)].
(a-2) In this section, "college readiness" means the level
of preparation a student must attain in English language arts and
mathematics courses to enroll and succeed, without remediation, in
an entry-level general education course for credit in that same
content area for a baccalaureate degree or associate degree program
at:
(1) a general academic teaching institution, as
defined by Section 61.003, other than a research institution, as
categorized under the Texas Higher Education Coordinating Board's
accountability system; or
(2) a postsecondary educational institution that
primarily offers associate degrees or certificates or credentials
other than baccalaureate or advanced degrees.
SECTION 2.19. Section 39.025, Education Code, is amended by
amending Subsections (a), (a-4), (b), and (b-1) and adding
Subsection (f-3) to read as follows:
(a) The commissioner shall adopt rules requiring a student
in the foundation high school program under Section 28.025 to be
administered each [an end-of-course] assessment instrument
selected under [listed in] Section 39.023(c) by the school district
[only for a course] in which the student is enrolled [and for which
an end-of-course assessment instrument is administered]. A student
is required to achieve a scale score that indicates satisfactory
performance, as determined by the commissioner under Section
39.0241(a), on each [end-of-course] assessment instrument
administered to the student. For each scale score required under
this subsection that is not based on a 100-point scale scoring
system, the commissioner shall provide for conversion, in
accordance with commissioner rule, of the scale score to an
equivalent score based on a 100-point scale scoring system. A
student may not receive a high school diploma until the student has
performed satisfactorily on each [end-of-course] assessment
instrument [instruments] in the manner provided under this
subsection. This subsection does not require a student to
demonstrate readiness to enroll in an institution of higher
education.
(a-4) The admission, review, and dismissal committee of a
student in a special education program under Subchapter A, Chapter
29, shall determine whether, to receive a high school diploma, the
student is required to achieve satisfactory performance on
[end-of-course] assessment instruments administered under Section
39.023(c).
(b) Each time an [end-of-course] assessment instrument
[adopted] under Section 39.023(c) is administered, a student who
failed to achieve a score requirement under Subsection (a) may
retake the assessment instrument. [A student is not required to
retake a course as a condition of retaking an end-of-course
assessment instrument.]
(b-1) A school district shall provide each student who fails
to perform satisfactorily as determined by the commissioner under
Section 39.0241(a) on an [end-of-course] assessment instrument
administered under Section 39.023(c) with accelerated instruction
[in the subject assessed by the assessment instrument].
(f-3) The commissioner shall by rule adopt a transition plan
to implement the amendments made by __.B. ____, Acts of the 87th
Legislature, Regular Session, 2021, replacing end-of-course
assessment instruments with one or more assessment instruments
selected by a school district under Section 39.023(c). The rules
must provide for each assessment instrument selected by a school
district under Section 39.023(c) to be administered beginning with
students enrolled in the ninth grade for the first time during the
2021-2022 school year. During the period under which the
transition from end-of-course assessment instruments is made:
(1) for students entering a grade above the ninth
grade during the 2021-2022 school year or students repeating ninth
grade during the 2021-2022 school year, the commissioner shall
retain, administer, and use for purposes of accreditation and other
campus and district accountability measures under this chapter the
end-of-course assessment instruments required by Section
39.023(c), as that section existed before amendment by __.B. ____,
Acts of the 87th Legislature, Regular Session, 2021; and
(2) a student subject to Subdivision (1) may not
receive a high school diploma unless the student has performed
satisfactorily on:
(A) each required end-of-course assessment
instrument administered under Section 39.023(c), as that section
existed before amendment by __.B. ____, Acts of the 87th
Legislature, Regular Session, 2021; or
(B) each assessment instrument selected under
Section 39.023(c) by the district in which the student is enrolled.
SECTION 2.20. Section 39.034(d), Education Code, is amended
to read as follows:
(d) The agency shall determine the necessary annual
improvement required each year for a student to be prepared to
perform satisfactorily on, as applicable:
(1) the grade five assessment instruments;
(2) the grade eight assessment instruments; and
(3) the [end-of-course] assessment instruments
required under this subchapter for graduation.
SECTION 2.21. Section 39.035(a), Education Code, is amended
to read as follows:
(a) Subject to Subsection (b), the agency may conduct field
testing of questions for any assessment instrument administered
under Section 39.023(a), (b), [(c), (d),] or (l) that is separate
from the administration of the assessment instrument not more
frequently than every other school year.
SECTION 2.22. Section 39.203(c), Education Code, is amended
to read as follows:
(c) In addition to the distinction designations described
by Subsections (a) and (b), a campus that satisfies the criteria
developed under Section 39.204 shall be awarded a distinction
designation by the commissioner for outstanding performance in
academic achievement in English language arts, mathematics, or
science[, or social studies].
SECTION 2.23. Section 51.338(c), Education Code, is amended
to read as follows:
(c) A student who has achieved scores set by the board on the
questions developed for end-of-course assessment instruments under
Section 39.0233(a), as that section existed before repeal by
__.B. ____, Acts of the 87th Legislature, Regular Session, 2021, is
exempt from the requirements of this subchapter. The exemption is
effective for the three-year period following the date a student
takes the last assessment instrument for purposes of this
subchapter and achieves the standard set by the board. This
subsection does not apply during any period for which the board
designates the questions developed for end-of-course assessment
instruments under Section 39.0233(a), as that section existed
before repeal by _.B. ____, Acts of the 87th Legislature, Regular
Session, 2021, as the primary assessment instrument under this
subchapter, except that the three-year period described by this
subsection remains in effect for students who qualify for an
exemption under this subsection before that period.
SECTION 2.24. Section 61.06641(i), Education Code, is
amended to read as follows:
(i) Notwithstanding Chapter 551, Government Code, or any
other law, the advisory council may meet by telephone conference
call, videoconference, or other similar telecommunication method.
A meeting held by telephone conference call, videoconference, or
other similar telecommunication method is subject to the
requirements of Sections 551.125(c), (d), (f), and (g)
[551.125(c)-(f)], Government Code.
SECTION 2.25. The following provisions of the Education
Code are repealed:
(1) Sections 39.023(a-15), (c-2), (c-4), (c-6), and
(d);
(2) Section 39.023(c-7), as added by Chapter 1282
(H.B. 1244), Acts of the 86th Legislature, Regular Session, 2019;
(3) Section 39.023(c-7), as added by Chapter 1315
(H.B. 3906), Acts of the 86th Legislature, Regular Session, 2019;
(4) Section 39.0233;
(5) Section 39.024;
(6) Sections 39.025(a-1), (a-2), (a-3), (a-5), and
(e-1);
(7) Section 39.053(d-1); and
(8) Section 39.203(d).
SECTION 2.26. As soon as practicable after the effective
date of this Act, each school district shall provide notice to an
eighth grade student under Section 39.025(g), Education Code,
informing the student of the specific requirements applicable to
the student under Sections 39.023(c) and 39.025(a), Education Code,
as amended by this Act.
SECTION 2.27. A change in law made by this Act to a
provision of Title 2, Education Code, applies beginning with the
2021-2022 school year.
ARTICLE 3. ESTATES CODE
SECTION 3.01. Subtitle F, Title 2, Estates Code, is amended
by adding Chapter 259 to read as follows:
CHAPTER 259. ELECTRONIC WILLS
Sec. 259.001. SHORT TITLE. This chapter may be cited as the
Electronic Wills Act.
Sec. 259.002. DEFINITIONS. In this chapter:
(1) "Electronic" means relating to technology having
electrical, digital, magnetic, wireless, optical, electromagnetic,
or similar capabilities.
(2) "Electronic notarial certificate" has the meaning
assigned by Section 406.101, Government Code.
(3) "Electronic will" means a will executed in
compliance with Section 259.005.
(4) "Online notary public" has the meaning assigned by
Section 406.101, Government Code.
(5) "Record" means information that is inscribed on a
tangible medium or that is stored in an electronic or other medium
and is retrievable in perceivable form.
(6) "Sign" means, with present intent to authenticate
or adopt a record:
(A) to execute or adopt a tangible symbol; or
(B) to affix to or logically associate with the
record an electronic symbol, sound, or process.
Sec. 259.0025. ELECTRONIC PRESENCE. For purposes of this
chapter, two individuals are in each other's "electronic presence"
if the individuals are in different physical locations but able to
communicate simultaneously by sight and sound, with accommodation
for a testator or witness who has limited ability in sight or
hearing.
Sec. 259.003. COMMON LAW AND PRINCIPLES OF EQUITY. The
common law and principles of equity supplement this chapter except
to the extent modified by this chapter or state law other than this
chapter.
Sec. 259.004. WHO MAY MAKE AN ELECTRONIC WILL. An
individual who may make a will under the law of this state other
than this chapter may make an electronic will.
Sec. 259.005. EXECUTION OF ELECTRONIC WILL. (a) An
electronic will must be in a record perceivable as text that is:
(1) signed, with the intent that the record be the
testator's electronic will, by:
(A) the testator; or
(B) another individual in the testator's name, in
the testator's conscious physical or electronic presence, and at
the testator's direction; and
(2) signed by at least two credible individuals who
are at least 14 years of age, each of whom signed in the physical or
electronic presence of the testator.
(b) Intent of a testator that a record be the testator's
electronic will may be established by extrinsic evidence.
Sec. 259.006. ELECTRONIC WILL MADE SELF-PROVING IF ALL
WITNESSES PHYSICALLY PRESENT. (a) An electronic will with all
attesting witnesses physically present in the same location as the
testator may be made self-proving by acknowledgment of the testator
and affidavits of the witnesses.
(b) An acknowledgment and the affidavits under Subsection
(a) must be:
(1) made before an officer authorized to administer
oaths under law of the state in which execution occurs, who is
physically present in the same location as the testator and
attesting witnesses; and
(2) evidenced by the officer's certificate under
official seal logically associated with the electronic will.
(c) The acknowledgment and affidavits under Subsection (a)
must be in substantially the following form:
Before me, the undersigned authority, on this day personally
appeared _____________, _____________, and _____________, known to
me to be the testator and witnesses, respectively, who signed their
names to this record in their respective capacities, and all of said
persons being by me duly sworn, the said _____________, testator,
declared to me and to the said witnesses in my presence that this
record is [his/her] electronic will, and that [he/she] had
willingly made and executed it as [his/her] free act and deed; and
the said witnesses, each on [his/her] oath stated to me, in the
physical presence and hearing of the said testator, that the said
testator had declared to them that this record is [his/her]
electronic will, and that [he/she] executed same as such and wanted
each of them to sign it as a witness; and upon their oaths each
witness stated further that they did sign the same as witnesses in
the presence of the said testator and at [his/her] request; that
[he/she] was at that time eighteen years of age or over (or being
under such age, was or had been lawfully married, or was then a
member of the armed forces of the United States, or an auxiliary of
the armed forces of the United States, or the United States Maritime
Service) and was of sound mind; and that each of said witnesses was
then at least fourteen years of age.
___________________________
Testator
___________________________
Witness
___________________________
Witness
Subscribed and sworn to before me by the said _________,
testator, and by the said _____________ and ______________,
witnesses, this _____ day of __________, 20___.
(SEAL)
(Signed) ___________________
(Official Capacity of Officer)
Sec. 259.007. ELECTRONIC WILL MADE SELF-PROVING WHERE ALL
WITNESSES NOT PHYSICALLY PRESENT. (a) In this section,
"authorized person" means:
(1) an individual licensed to practice law in the
United States; or
(2) a court clerk.
(b) An electronic will without all attesting witnesses
physically present in the same location as the testator may be made
self-proving by:
(1) acknowledgment of the testator and affidavits of
the witnesses:
(A) made before an online notary public; and
(B) evidenced by the online notary public's
electronic notarial certificate; or
(2) an authorized person's certification in writing
under Subsection (e) that:
(A) the person is an authorized person;
(B) the testator declared that the record is the
testator's electronic will and that the testator understands the
will's contents;
(C) the testator signed the electronic will in
the electronic or physical presence of each individual who signed
the record as a witness;
(D) the authorized person is satisfied as to the
identity of the testator and the witnesses; and
(E) to the best of the authorized person's
knowledge the testator:
(i) was, at the time of the signing of the
electronic will, 18 years of age or older or, being under such age,
was or had been lawfully married or was then a member of the armed
forces of the United States, or an auxiliary of the armed forces of
the United States, or the United States Maritime Service;
(ii) was of sound mind; and
(iii) willingly made and executed the
electronic will as the testator's free act and deed.
(c) An heir of the testator or a beneficiary under an
electronic will may not act as an authorized person under this
section.
(d) An authorized person under this section submits to the
jurisdiction of the court in the county in which the testator
executes the electronic will.
(e) A certification made under Subsection (b)(2) must be in
substantially the following form:
I, ______________________, an authorized person, certify
that on this ______ day of __________, 20____, at ______________,
______________(city, state), the testator declared the attached
record to be the electronic will of the testator and declared that
the testator understands the contents of the electronic will. I
further certify that the testator, in the electronic or physical
presence of each individual who signed the electronic will as a
witness, signed the electronic will. I further certify that I am
satisfied as to the identity of the testator and the witnesses and
that to the best of my knowledge the testator was, at the time of the
signing of the electronic will, eighteen years of age or over or,
being under such age, was or had been lawfully married or was then a
member of the armed forces of the United States, or an auxiliary of
the armed forces of the United States, or the United States Maritime
Service, was of sound mind, and willingly made and executed the
electronic will as the testator's free act and deed.
___________________________
(Signed)
Sec. 259.008. ELECTRONIC WILL MADE SELF-PROVING AFTER
EXECUTION. (a) An electronic will with all attesting witnesses
physically present in the same location as the testator may be made
self-proving at any time after its execution by the acknowledgment
of the testator and the affidavits of the witnesses.
(b) An acknowledgment and affidavits under Subsection (a)
must be:
(1) made before an officer authorized to administer
oaths under the law of the state in which the acknowledgment occurs;
and
(2) evidenced by the officer's certificate under
official seal, logically associated with the electronic will, in
substantially the following form:
I, ______________________, the testator, and we,
______________________ and ______________________, witnesses,
whose names are signed to the attached or preceding electronic
will, being sworn, declare to the undersigned officer that the
testator signed the record as the testator's electronic will, the
testator willingly made and executed it as the testator's free act
and deed, each of the witnesses, in the physical presence and
hearing of the testator, signed the electronic will as witnesses to
the testator's signing, to the best of each witness's knowledge the
testator was at that time eighteen years of age or over (or being
under such age, was or had been lawfully married, or was then a
member of the armed forces of the United States, or an auxiliary of
the armed forces of the United States, or the United States Maritime
Service) and was of sound mind, and each of the witnesses was then
at least fourteen years of age.
___________________________
Testator
___________________________
Witness
___________________________
Witness
State of __________________
County of _________________
Subscribed and sworn to before me by the said _________,
testator, and by the said _____________ and ______________,
witnesses, this _____ day of __________, 20____.
(SEAL)
(Signed) __________________
(Official Capacity of Officer)
Sec. 259.009. PROOF OF ELECTRONIC WILL. A signature
physically or electronically affixed to an affidavit attached to an
electronic will under this chapter is considered a signature
affixed to the electronic will if necessary to prove the will's
execution.
Sec. 259.010. CHOICE OF LAW AS TO EXECUTION. An electronic
will is validly executed if executed in compliance with the law of
the place where:
(1) the testator is physically located at the time of
execution; or
(2) at the time of execution or at the time of death,
the testator is domiciled, resides, or is a citizen.
Sec. 259.011. REVOCATION. (a) An electronic will or part
of an electronic will is revoked by:
(1) a subsequent will, including an electronic will,
that revokes the previous will or part of the previous will
expressly or by inconsistency; or
(2) a revocatory act, if it is established by clear and
convincing evidence that:
(A) the testator performed the act with the
intent and for the purpose of revoking the will or part of the will;
or
(B) another individual performed the act in the
testator's physical or electronic presence and by the testator's
direction.
(b) An electronic will may revoke a will that is not an
electronic will.
Sec. 259.012. UNIFORMITY OF APPLICATION AND CONSTRUCTION.
In applying and construing this chapter, consideration must be
given to the need to promote uniformity of the law with respect to
its subject matter among states that enact it.
Sec. 259.013. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL
AND NATIONAL COMMERCE ACT. This chapter modifies, limits, or
supersedes the Electronic Signatures in Global and National
Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify,
limit, or supersede Section 101(c) of that Act (15 U.S.C. Section
7001(c)) or authorize electronic delivery of any of the notices
described in Section 103(b) of that Act (15 U.S.C. Section
7003(b)).
SECTION 3.02. Section 305.054, Estates Code, is amended to
read as follows:
Sec. 305.054. ADMINISTRATION OF OATH. An oath may be taken
before any person authorized to administer oaths under the laws of
this state, including an online notary public using two-way video
and audio conference technology as provided by Subchapter C,
Chapter 406, Government Code.
SECTION 3.03. Subchapter A, Chapter 751, Estates Code, is
amended by adding Section 751.00221 to read as follows:
Sec. 751.00221. ELECTRONIC SIGNATURE; ONLINE NOTARIZATION.
(a) An adult principal may sign a durable power of attorney or a
revocation of a durable power of attorney using an electronic
signature that:
(1) is capable of verification;
(2) is under the sole control of the principal using
it;
(3) is linked to data in a manner that invalidates the
electronic signature if the data is changed; and
(4) persists with the instrument and not by
association in separate files.
(b) A durable power of attorney in which the principal signs
the instrument using an electronic signature that complies with the
requirements of this section may be acknowledged before an online
notary public using two-way video and audio conference technology
as provided by Subchapter C, Chapter 406, Government Code.
SECTION 3.04. Section 1105.052, Estates Code, is amended to
read as follows:
Sec. 1105.052. ADMINISTRATION OF OATH. An oath may be taken
before any person authorized to administer oaths under the laws of
this state, including an online notary public using two-way video
and audio conference technology as provided by Subchapter C,
Chapter 406, Government Code.
SECTION 3.05. Chapter 259, Estates Code, as added by this
Act, applies to the will of a decedent whose death occurs on or
after the effective date of this Act.
ARTICLE 4. GOVERNMENT CODE
SECTION 4.01. Section 551.125, Government Code, is amended
to read as follows:
Sec. 551.125. MEETING FROM REMOTE LOCATIONS BY TELEPHONE
CONFERENCE CALL [OTHER GOVERNMENTAL BODY]. (a) Except as
otherwise provided by this subchapter, this chapter does not
prohibit a governmental body from holding an open or closed meeting
from one or more remote locations by telephone conference call.
(b) A meeting held by telephone conference call may be held
only if:
(1) [an emergency or public necessity exists within
the meaning of Section 551.045 of this chapter; and
[(2)] the convening at one location of a quorum of the
governmental body is difficult or impossible; or
(2) [(3)] the meeting is held by an advisory board.
(c) The telephone conference call meeting is subject to the
notice requirements applicable to other meetings except as
otherwise provided by Subsection (d).
(d) The notice of the telephone conference call meeting
must:
(1) include the statement "Telephone conference call
under Section 551.125, Government Code" in lieu of the place of the
meeting;
(2) list each physical location where members of the
public may listen to or participate in the meeting, including:
(A) any location that is open to the public where
a member of the governmental body intends to participate in the
meeting; and
(B) any facility provided by the governmental
body for members of the public to listen to the meeting or provide
testimony;
(3) include access information for an audio feed of
the meeting; and
(4) if applicable, include instructions for members of
the public to provide testimony to the governmental body [specify
as the location of the meeting the location where meetings of the
governmental body are usually held].
(e) Any method of access that is provided to the public for
listening to or participating in the telephone conference call
meeting must be widely available at no cost to the public,
including:
(1) a toll-free telephone number; or
(2) a free, widely available computer application that
can be installed on:
(A) a mobile telephone;
(B) a computer;
(C) an Internet-connected television; or
(D) a similar, widely available electronic
device.
(f) [(e)] Each part of the telephone conference call
meeting that is required to be open to the public shall be audible
to the public using the access information described by Subsection
(d) [at the location specified in the notice of the meeting as the
location of the meeting] and shall be recorded. The recording shall
be made available to the public.
(g) [(f)] The [location designated in the notice as the
location of the meeting shall provide two-way communication during
the entire telephone conference call meeting and the]
identification of each party to the telephone conference shall be
clearly stated prior to speaking.
(h) If the governmental body prepares an agenda packet that
would have been distributed to members of the public at a
face-to-face meeting, the governmental body shall make the packet
available electronically so that members of the public listening
remotely can follow along with the meeting.
SECTION 4.02. Section 551.127, Government Code, is amended
to read as follows:
Sec. 551.127. MEETING FROM REMOTE LOCATIONS BY
VIDEOCONFERENCE CALL. (a) Except as otherwise provided by this
section, this chapter does not prohibit a governmental body from
holding an open or closed meeting from one or more remote locations
by videoconference call.
(b) [(a-1)] A member or employee of a governmental body may
participate remotely in a meeting of the governmental body by means
of a videoconference call if the [video and] audio feed and, if
applicable, video feed of the member's or employee's
participation[, as applicable, is broadcast live at the meeting
and] complies with the provisions of this section.
(c) [(a-2)] A member of a governmental body who
participates in a meeting as provided by Subsection (b) [(a-1)]
shall be counted as present at the meeting for all purposes.
(d) [(a-3)] A member of a governmental body who
participates in a meeting by videoconference call shall be
considered absent from any portion of the meeting during which
audio [or video] communication with the member is lost or
disconnected. The governmental body may continue the meeting only
if members in a number sufficient to constitute a quorum of the body
remain audible and visible to each other and, during the open
portion of the meeting, to the public [remains present at the
meeting location or, if applicable, continues to participate in a
meeting conducted under Subsection (c)].
[(b) A meeting may be held by videoconference call only if a
quorum of the governmental body is physically present at one
location of the meeting, except as provided by Subsection (c).
[(c) A meeting of a state governmental body or a
governmental body that extends into three or more counties may be
held by videoconference call only if the member of the governmental
body presiding over the meeting is physically present at one
location of the meeting that is open to the public during the open
portions of the meeting.]
(e) [(d)] A meeting held by videoconference call is subject
to the notice requirements applicable to other meetings except as
otherwise provided by Subsection (f) [in addition to the notice
requirements prescribed by this section].
(f) [(e)] The notice of a meeting to be held by
videoconference call must:
(1) include the statement "Videoconference call under
Section 551.127, Government Code" in lieu of the place of the
meeting;
(2) list each physical location where members of the
public may observe or participate in the meeting, including:
(A) any location that is open to the public where
a member of the governmental body intends to participate in the
meeting; and
(B) any facility provided by the governmental
body for members of the public to observe the meeting or provide
testimony;
(3) include access information for both audio-only and
audiovisual feeds of the meeting; and
(4) if applicable, include instructions for members of
the public to provide testimony to the governmental body [specify
as a location of the meeting the location where a quorum of the
governmental body will be physically present and specify the intent
to have a quorum present at that location, except that the notice of
a meeting to be held by videoconference call under Subsection (c)
must specify as a location of the meeting the location where the
member of the governmental body presiding over the meeting will be
physically present and specify the intent to have the member of the
governmental body presiding over the meeting present at that
location. The location where the member of the governmental body
presiding over the meeting is physically present shall be open to
the public during the open portions of the meeting].
(g) Any method of access that is provided to the public for
the purpose of observing or participating in a meeting held under
this section must be widely available at no cost to the public,
including:
(1) a toll-free telephone number; or
(2) a free, widely available computer application that
can be installed on:
(A) a mobile telephone;
(B) a computer;
(C) an Internet-connected television; or
(D) a similar, widely available electronic
device.
(h) [(f)] Each portion of a meeting held by videoconference
call that is required to be open to the public shall be [visible
and] audible and, if applicable, visible to the public using the
access information described by Subsection (f) [at the location
specified under Subsection (e)]. If a problem occurs that causes a
meeting to no longer be [visible and] audible to the public [at that
location], the meeting must be recessed until the problem is
resolved. If the problem is not resolved in six hours or less, the
meeting must be adjourned.
(i) [(g)] The governmental body shall make at least an audio
recording of the meeting. The recording shall be made available to
the public.
(j) [(h) The location specified under Subsection (e), and
each remote location from which a member of the governmental body
participates, shall have two-way audio and video communication with
each other location during the entire meeting.] The face of each
participant in the videoconference call who is participating in the
call using video communication, while that participant is speaking,
shall be clearly visible, and the voice audible, to each other
participant and, during the open portion of the meeting, to the
members of the public, including [in attendance at the physical
location described by Subsection (e) and] at any [other] location
described by Subsection (f)(2) [of the meeting that is open to the
public].
(k) A participant in the videoconference call using solely
audio communication:
(1) shall, while the participant is speaking, be
clearly audible to each other participant and, during the open
portion of the meeting, to the members of the public, including at
any location described by Subsection (f)(2); and
(2) must be clearly identified before speaking.
(l) [(i)] The Department of Information Resources by rule
shall specify minimum technical quality standards for [audio and
video signals at] a meeting held by videoconference call. [The
quality of the audio and video signals perceptible at each location
of the meeting must meet or exceed those standards.]
(m) [(j)] The audio and video signals perceptible by
members of the public using the access information described under
Subsection (f) [at each location of the meeting described by
Subsection (h)] must be of sufficient quality so that members of the
public [at each location] can observe the demeanor or [and] hear the
voice, as applicable, of each participant in the open portion of the
meeting.
(n) [(k)] Without regard to whether a member of the
governmental body is participating in a meeting from a remote
location by videoconference call, a governmental body may allow a
member of the public to testify at a meeting from a remote location
by videoconference call.
(o) A governmental body that is holding a meeting by
videoconference call where public testimony is taken shall allow a
member of the public to testify from a remote location using video
or audio communication.
(p) If the governmental body prepares an agenda packet that
would have been distributed to members of the public at a
face-to-face meeting, the governmental body shall make the packet
available electronically so that members of the public observing
remotely can follow along with the meeting.
SECTION 4.03. Section 551.131(d), Government Code, is
amended to read as follows:
(d) A meeting held by telephone conference call must
otherwise comply with the procedures under Sections 551.125(c),
(d), [(e), and] (f), and (g).
ARTICLE 5. HEALTH AND SAFETY CODE
SECTION 5.01. Section 81.406(b), Health and Safety Code, is
amended to read as follows:
(b) The task force may meet telephonically in accordance
with Section 551.125 [551.125(b)(3)], Government Code.
SECTION 5.02. Section 117.056(b), Health and Safety Code,
is amended to read as follows:
(b) To ensure appropriate representation from all areas of
this state, the committee may meet by videoconference or telephone
conference call. A meeting held by videoconference or telephone
conference call under this subsection must comply with the
requirements applicable to a telephone conference call under
Sections 551.125(c), (d), [(e), and] (f), and (g), Government Code.
Sections 551.125(b) and 551.127, Government Code, do not apply to
the committee.
SECTION 5.03. Section 166.011, Health and Safety Code, is
amended by adding Subsection (d) to read as follows:
(d) Notwithstanding any conflicting provision of this
chapter, an advance directive in which the declarant, witnesses,
and notary public each sign the directive or a written revocation of
the directive using an electronic signature that complies with the
requirements of this section may be acknowledged before an online
notary public using two-way video and audio conference technology
as provided by Subchapter C, Chapter 406, Government Code.
SECTION 5.04. Section 251.011, Health and Safety Code, is
amended to read as follows:
Sec. 251.011. LICENSE REQUIRED. Except as provided by
Sections [Section] 251.012 and 251.0125, a person may not operate
an end stage renal disease facility without a license issued under
this chapter.
SECTION 5.05. Subchapter B, Chapter 251, Health and Safety
Code, is amended by adding Section 251.0125 to read as follows:
Sec. 251.0125. ADDITIONAL EXEMPTIONS FROM LICENSING
REQUIREMENT FOR CERTAIN OFF-SITE FACILITIES. An end stage renal
disease facility licensed under this chapter may operate and
provide outpatient end stage renal disease services to a patient at
an off-site facility without obtaining a separate license for the
off-site facility if the off-site facility is:
(1) a mobile medical unit;
(2) a physician's office;
(3) an end stage renal disease facility that was
licensed under this chapter and closed within the 36 months
preceding the operation of or provision of services to a patient at
the off-site facility;
(4) an ambulatory surgical center that was licensed
under Chapter 243 and closed within the 36 months preceding the
operation of or provision of services to a patient at the off-site
facility; or
(5) a freestanding emergency medical care facility
that was licensed under Chapter 254 and closed within the 36 months
preceding the operation of or provision of services to a patient at
the off-site facility.
SECTION 5.06. Chapter 437, Health and Safety Code, is
amended by adding Section 437.026 to read as follows:
Sec. 437.026. SALE OF CERTAIN FOOD BY FOOD SERVICE
ESTABLISHMENT. (a) Except as provided by Subsection (b), a food
service establishment that holds a permit under this chapter may
sell directly to an individual consumer food, other than prepared
food, that:
(1) is in its original condition or original packaging
as received by the establishment;
(2) is labeled, which may include a handwritten label,
with the name and source of the food and the date the food is sold;
(3) for meat or poultry, bears an official mark of
inspection from the department or the United States Department of
Agriculture;
(4) for a meat product or poultry product, is obtained
from a source that is appropriately inspected and bears an official
mark of inspection described by Subdivision (3);
(5) for a time and temperature control for safety food
as defined by Section 437.0196, does not exceed the shelf life
displayed on the food's packaging; and
(6) for food requiring refrigeration other than
produce, is:
(A) maintained at or below 41 degrees Fahrenheit
until the establishment sells or donates the food; and
(B) protected from contamination.
(b) A food service establishment described by Subsection
(a) may not sell directly to an individual consumer food that is:
(1) in a package exhibiting damage or that is not
labeled with the manufacturer's original labeling; or
(2) distressed because the food:
(A) has been subjected to fire, flooding,
excessive heat, smoke, radiation, or another environmental
contamination;
(B) is not held at the correct temperature for
the food type; or
(C) is stored for a prolonged period.
SECTION 5.07. Section 773.050, Health and Safety Code, is
amended by adding Subsection (e-1) to read as follows:
(e-1) In adopting minimum standards under Subsection (e),
the executive commissioner shall, during a state of disaster
declared under Chapter 418, Government Code, provide to a first
responder organization a grace period of not more than 30 days from
the date the organization's license expires for submission of
application materials and other information necessary to renew the
license.
SECTION 5.08. Subchapter C, Chapter 773, Health and Safety
Code, is amended by adding Sections 773.0552 and 773.0553 to read as
follows:
Sec. 773.0552. PROVISION OF EMERGENCY MEDICAL SERVICES BY
CERTAIN QUALIFIED PERSONS DURING DECLARED DISASTER. A medical
director of an emergency medical services system may, during a
state of disaster declared under Chapter 418, Government Code,
authorize an individual who is not certified as any type of
emergency medical services personnel but is otherwise qualified to
provide emergency medical services to provide those services to
patients treated or transported by an emergency medical services
provider for the system.
Sec. 773.0553. TEMPORARY WAIVER OF SKILLS PROFICIENCY
TESTING REQUIREMENTS FOR CERTAIN EMERGENCY MEDICAL SERVICES
PERSONNEL. (a) The executive commissioner by rule shall authorize
emergency medical services personnel and out-of-state advanced
emergency medical technicians seeking reciprocity in this state to
temporarily waive skills proficiency testing requirements if the
personnel or technicians are unable to satisfy the testing
requirements for a reason determined appropriate by the executive
commissioner, including due to a state of disaster declared under
Chapter 418, Government Code.
(b) Emergency medical services personnel and out-of-state
advanced emergency medical technicians who waive skills
proficiency testing requirements under Subsection (a) must satisfy
those testing requirements not later than six months from the date
the testing requirements are waived.
SECTION 5.09. As soon as practicable after the effective
date of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules to implement Section 437.026,
Health and Safety Code, as added by this Act.
SECTION 5.10. Section 437.026, Health and Safety Code, as
added by this Act, applies only to the sale of food by a food service
establishment that occurs on or after the effective date of this
Act. The sale of food by a food service establishment that occurs
before the effective date of this Act is governed by the law in
effect on the date the sale occurred, and the former law is
continued in effect for that purpose.
ARTICLE 6. OCCUPATIONS CODE
SECTION 6.01. Subchapter H, Chapter 51, Occupations Code,
is amended by adding Section 51.40101 to read as follows:
Sec. 51.40101. TEMPORARY EXTENSION OF LICENSE RENEWAL
PERIOD AND WAIVER OF LICENSE RENEWAL LATE FEES DURING DISASTER
DECLARATION. (a) In this section, "disaster declaration" means a
declaration by the governor of a state of disaster under Section
418.014, Government Code.
(b) Notwithstanding Section 51.401 or any other law, the
department:
(1) shall extend the period for renewing a license
that expires while a disaster declaration is in effect provided the
holder of the license files a renewal application and pays the
required renewal fee in accordance with commission rules governing
disaster renewals; and
(2) may not charge a late fee for a license renewal
described by Subdivision (1).
SECTION 6.02. Subtitle A, Title 3, Occupations Code, is
amended by adding Chapter 117 to read as follows:
CHAPTER 117. TEMPORARY LICENSE OR CERTIFICATE FOR CERTAIN HEALTH
PROFESSIONS DURING DISASTER
Sec. 117.001. DEFINITION. In this chapter, "disaster
declaration" means a declaration by the governor of a state of
disaster under Section 418.014, Government Code.
Sec. 117.002. APPLICABILITY. This chapter applies only to
an applicant for a license or certificate as a:
(1) medical physicist;
(2) perfusionist;
(3) physician assistant; or
(4) respiratory care practitioner.
Sec. 117.003. TEMPORARY LICENSE OR CERTIFICATE
REQUIREMENTS. While a disaster declaration is in effect, the
appropriate licensing authority may issue a temporary license or
certificate to an applicant to whom this chapter applies if the
applicant:
(1) currently has an active, pending application for
the applicable license or certificate on file with the applicable
licensing authority;
(2) meets all the qualifications for the license or
certificate except the applicant has not passed the final
examination required for the license or certificate;
(3) has obtained a sponsoring physician licensed in
this state; and
(4) submits an application for the temporary license
or certificate in the form prescribed by the licensing authority.
Sec. 117.004. CRIMINAL BACKGROUND CHECK. (a) A licensing
authority shall conduct a criminal background check of an applicant
for a temporary license or certificate under this chapter.
(b) The licensing authority may use a name-based background
check instead of a fingerprint-based check only if a
fingerprint-based check is unavailable due to the disaster for
which the disaster declaration is issued.
Sec. 117.005. SUPERVISION REQUIRED FOR PRACTICE.
Notwithstanding any other law, a person who holds a temporary
license or certificate issued under this chapter may practice as a
medical physicist, perfusionist, physician assistant, or
respiratory care practitioner, as applicable, only under the
supervision of a physician licensed in this state.
Sec. 117.006. EXPIRATION OF TEMPORARY LICENSE OR
CERTIFICATE. A temporary license or certificate issued under this
chapter expires on the earlier of:
(1) the date the disaster declaration expires; or
(2) the date the appropriate licensing authority
terminates a person's temporary license or certificate.
SECTION 6.03. Section 155.105(b), Occupations Code, is
amended to read as follows:
(b) A physician-in-training permit does not authorize the
performance of a medical act by the permit holder unless the act is
performed[:
[(1) as a part of the graduate medical education
training program; and
[(2)] under the supervision of a physician.
SECTION 6.04. Section 157.0512, Occupations Code, is
amended by adding Subsection (q) to read as follows:
(q) Notwithstanding any other law, a prescriptive authority
agreement between a physician and an advanced practice registered
nurse or physician assistant may be entered into orally.
SECTION 6.05. Section 301.157, Occupations Code, is amended
by adding Subsection (d-13) to read as follows:
(d-13) The board may allow a student in the final year of a
nursing education program to satisfy the clinical practice
requirements of a course of study through any amount of simulation
activities if a state of disaster prevents the student from
completing the requirements through direct patient care.
SECTION 6.06. Section 301.258, Occupations Code, is amended
by adding Subsection (e-1) to read as follows:
(e-1) The board may extend the expiration date of a permit
issued under this section by not more than six months as necessary
to mitigate a nursing workforce shortage caused by a state of
disaster.
SECTION 6.07. Subchapter F, Chapter 301, Occupations Code,
is amended by adding Section 301.2581 to read as follows:
Sec. 301.2581. TEMPORARY ADVANCED PRACTICE REGISTERED
NURSE LICENSE. (a) The board shall issue a license to practice as
an advanced practice registered nurse to an applicant pending the
results of a national certification examination if the applicant
meets all other requirements for obtaining the license.
(b) The board may not issue a license under this section to
an applicant who previously failed an advanced practice registered
nurse national certification examination.
(c) A license issued under Subsection (a) expires on the
earlier of the date of receipt of:
(1) a permanent license; or
(2) notice from the board that the license holder has
failed the examination.
(d) A person who holds a temporary license issued under this
section is considered to be an advanced practice registered nurse
for all purposes, except that the person does not have prescribing
and ordering authority as provided by Subchapter B, Chapter 157.
(e) The board may extend the expiration date of a license
issued under this section by not more than six months as necessary
to mitigate an advanced practice registered nurse workforce
shortage caused by a state of disaster.
SECTION 6.08. Section 301.261, Occupations Code, is amended
by adding Subsections (d-1), (d-2), and (d-3) to read as follows:
(d-1) The board may waive a requirement that a person pay a
fee or complete a continuing education program to remove the
person's license from inactive status as necessary to mitigate a
nursing workforce shortage caused by a state of disaster.
(d-2) Except as provided by Subsection (d-3), the board may,
as necessary to mitigate an advanced practice registered nurse
workforce shortage caused by a state of disaster, waive a
requirement that a person:
(1) whose license to practice as an advanced practice
registered nurse has been inactive for at least two years but not
more than four years pay a reactivation fee, complete continuing
competency and current practice requirements, or meet the
requirements for renewing the person's prescriptive authority to
remove the person's license from inactive status; or
(2) whose license to practice as an advanced practice
registered nurse has been inactive for at least four years pay a
reactivation fee or complete continuing competency requirements to
remove the person's license from inactive status.
(d-3) Subsection (d-2) does not apply to a person:
(1) whose license was suspended, revoked,
surrendered, or otherwise placed on inactive status based on the
terms of a prior disciplinary order; or
(2) who is currently under disciplinary monitoring or
investigation.
SECTION 6.09. Section 301.301, Occupations Code, is amended
by adding Subsection (b-1) to read as follows:
(b-1) The board may extend the expiration date of a license
issued under this chapter, including the deadline to comply with
any renewal requirement, by not more than six months as necessary to
mitigate a nursing workforce shortage caused by a state of
disaster.
SECTION 6.10. Section 401.2022, Occupations Code, is
amended by adding Subsection (c) to read as follows:
(c) Notwithstanding any other law, in adopting a rule under
this section, the commission:
(1) shall authorize:
(A) a license holder, including a licensed intern
or licensed assistant, to provide services by telepractice through
the use of any interactive audiovisual communication system,
whether real-time or two-way, including a smart phone; and
(B) any supervision requirement for an applicant
under this chapter to be fulfilled wholly or partly by use of
telecommunications technology; and
(2) may not:
(A) require a license holder's initial
professional contact with a client to be in-person; or
(B) impose any limitation on a license holder's
selection of a facilitator to assist the license holder in
providing services by telepractice.
SECTION 6.11. Section 402.1023, Occupations Code, is
amended by adding Subsection (c) to read as follows:
(c) Notwithstanding any other law, in adopting a rule under
this section, the commission:
(1) shall authorize a license holder to provide
services by telepractice through the use of any interactive
audiovisual communication system, whether real-time or two-way,
including a smart phone; and
(2) may not:
(A) require a license holder's initial
professional contact with a client to be in-person; or
(B) impose any limitation on a license holder's
selection of a facilitator to assist the license holder in
providing services by telepractice.
SECTION 6.12. Section 402.255(a), Occupations Code, is
amended to read as follows:
(a) A supervisor of a temporary training permit holder must:
(1) be licensed to fit and dispense hearing
instruments under this chapter or Chapter 401, other than Section
401.311 or 401.312; and
(2) [currently practice in an established place of
business; and
[(3)] be responsible for the direct supervision and
education of a temporary training permit holder.
SECTION 6.13. Section 403.151, Occupations Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) Notwithstanding Subsection (a), a licensed dyslexia
practitioner may practice outside of an educational setting to the
extent necessary to provide a service that would otherwise be
provided in an educational setting that is not reasonably
accessible to the licensed dyslexia practitioner or client.
SECTION 6.14. Subchapter D, Chapter 403, Occupations Code,
is amended by adding Section 403.153 to read as follows:
Sec. 403.153. USE OF TELECOMMUNICATIONS TECHNOLOGY.
Notwithstanding any other law, a license holder may provide a
service solely through the use of an interactive audiovisual
communication system, whether real-time or two-way, including a
smart phone.
SECTION 6.15. Section 506.003, Occupations Code, is amended
by adding Subsection (c-1) to read as follows:
(c-1) Notwithstanding Subsection (c)(1), applied behavior
analysis interventions may be based on observation and measurement
of behavior and environment through the use of telecommunications
technology if approved by the certifying entity.
SECTION 6.16. Section 506.055, Occupations Code, is amended
to read as follows:
Sec. 506.055. STUDENTS, INTERNS, AND FELLOWS. (a) This
chapter does not apply to an applied behavior analysis activity or
service of a college or university student, intern, or fellow if:
(1) the activity or service is part of a defined
behavior analysis program of study, course, practicum, internship,
or postdoctoral fellowship;
(2) the activity or service is directly supervised by
a licensed behavior analyst or an instructor in a course sequence
approved by the certifying entity; and
(3) the person is designated as a "student," "intern,"
"fellow," or "trainee."
(b) Notwithstanding Subsection (a)(2), a licensed behavior
analyst or an instructor may supervise a behavior analysis activity
or service through the use of telecommunications technology if
approved by the applicable college or university and the certifying
entity.
SECTION 6.17. Section 554.005, Occupations Code, is amended
by adding Subsection (d) to read as follows:
(d) In implementing Subsection (a)(3)(C)(iv), the board by
rule shall authorize a pharmacist to provide any required patient
counseling by telephone.
SECTION 6.18. (a) The Texas Commission of Licensing and
Regulation shall adopt rules under Section 51.40101, Occupations
Code, as added by this Act, not later than January 1, 2022.
(b) Section 51.40101, Occupations Code, as added by this
Act, applies to the renewal of a license or other authorization
issued by the Texas Department of Licensing and Regulation that
expires on or after January 1, 2022. A license or other
authorization that expires before that date is governed by the law
in effect on the date the license or other authorization expired,
and the former law is continued in effect for that purpose.
SECTION 6.19. Section 155.105(b), Occupations Code, as
amended by this Act, applies only to conduct that occurs on or after
the effective date of this Act. Conduct that occurs before the
effective date of this Act is governed by the law in effect on the
date the conduct occurred, and the former law is continued in effect
for that purpose.
SECTION 6.20. The changes in law made by this Act to
Chapters 401, 402, 403, and 506, Occupations Code, apply only to
conduct that occurs on or after the effective date of this Act.
Conduct that occurs before the effective date of this Act is
governed by the law in effect on the date the conduct occurred, and
the former law is continued in effect for that purpose.
ARTICLE 7. TRANSPORTATION CODE
SECTION 7.01. Section 370.262(a), Transportation Code, is
amended to read as follows:
(a) Chapter 551, Government Code, does not prohibit any open
or closed meeting of the board, a committee of the board, or the
staff, or any combination of the board or staff, from being held by
telephone conference call. The board may hold an open or closed
meeting by telephone conference call subject to the requirements of
Sections 551.125(c), (d), (f), and (g) [551.125(c)-(f)],
Government Code, but is not subject to the requirements of
Subsection (b) of that section.
ARTICLE 8. CONFLICTING ACTS; EFFECTIVE DATE
SECTION 8.01. To the extent of any conflict, this Act
prevails over another Act of the 87th Legislature, Regular Session,
2021, relating to nonsubstantive additions to and corrections in
enacted codes.
SECTION 8.02. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2021.