Texas 2021 - 87th Regular

Texas House Bill HB2662 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R2922 KKR-D
2	2	By: Krause H.B. No. 2662
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the elimination of certain regulations waived during
8	8	the coronavirus disease (COVID-19) pandemic.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. ALCOHOLIC BEVERAGE CODE
11	11	SECTION 1.01. Chapter 1, Alcoholic Beverage Code, is
12	12	amended by adding Section 1.021 to read as follows:
13	13	Sec. 1.021. CONSTRUCTION OF CODE: DELIVERY OF CERTAIN
14	14	MERCHANDISE. Notwithstanding any other law, a provision of this
15	15	code may not be construed to prohibit the delivery of food and other
16	16	merchandise to a grocery store using a vehicle owned or operated by
17	17	a person holding a permit or license under this code.
18	18	SECTION 1.02. Section 6.04(a), Alcoholic Beverage Code, is
19	19	amended to read as follows:
20	20	(a) Notwithstanding any other provision of this code, for
21	21	[the holder of] a license or permit issued under this code that
22	22	expires after March 1, 2020, the holder of the license or permit may
23	23	renew the license or permit rather than reapply for an original
24	24	license or permit if, anytime [not later than the 30th day] after
25	25	the date of the expiration of the license or permit, the holder
26	26	files a renewal application and the required license or permit fee
27	27	with the commission [and pays a late fee] as provided by rules of
28	28	the commission. The commission may not charge a late fee for a
29	29	renewal application filed in accordance with this subsection.
30	30	SECTION 1.03. The heading to Section 28.1001, Alcoholic
31	31	Beverage Code, is amended to read as follows:
32	32	Sec. 28.1001. PICKUP AND [OFF-PREMISES] DELIVERY OF
33	33	ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION.
34	34	SECTION 1.04. Section 28.1001, Alcoholic Beverage Code, is
35	35	amended by amending Subsections (a), (c), and (d) and adding
36	36	Subsections (a-1), (a-2), and (e) to read as follows:
37	37	(a) In this section:
38	38	(1) "Passenger area of a motor vehicle" has the
39	39	meaning assigned by Section 49.031, Penal Code.
40	40	(2) "Tamper-proof container" means a closed cup or
41	41	similar container that is sealed with tape and placed into a bag
42	42	that has been sealed with a zip tie.
43	43	(a-1) Notwithstanding any other provision of this code, the
44	44	holder of a mixed beverage permit may deliver, or have delivered by
45	45	a third party, including an independent contractor acting under
46	46	Chapter 57, an alcoholic beverage from the permitted premises to an
47	47	ultimate consumer located off-premises and in an area where the
48	48	sale of the beverage is legal if:
49	49	(1) [the holder of the mixed beverage permit holds a
50	50	food and beverage certificate for the permitted premises;
51	51	[(2) the delivery of the alcoholic beverage is made as
52	52	part of the delivery of food prepared at the permitted premises;
53	53	[(3)] the alcoholic beverage is:
54	54	(A) a malt beverage [beer, ale,] or wine
55	55	delivered in an original container sealed by the manufacturer; or
56	56	(B) an alcoholic beverage other than a malt
57	57	beverage [beer, ale,] or wine that:
58	58	(i) is[,] delivered in an original,
59	59	single-serving container sealed by the manufacturer and not larger
60	60	than 375 milliliters; or
61	61	(ii) the permit holder mixes with other
62	62	beverages and stores in a tamper-proof container that is clearly
63	63	labeled with the permit holder's business name and the words
64	64	"alcoholic beverage"; and
65	65	(2) [(4)] the delivery is not made to another [a]
66	66	premises that is permitted or licensed under this code.
67	67	(a-2) Notwithstanding any other provision of this code, the
68	68	holder of a mixed beverage permit may allow an ultimate consumer to
69	69	pick up an alcoholic beverage described by Subsection (a-1)(1) and
70	70	remove the beverage from the permitted premises.
71	71	(c) An alcoholic beverage picked up or [may be] delivered
72	72	under this section may be provided only to a person who is 21 years
73	73	of age or older after the person picking up the alcoholic beverage
74	74	or accepting the delivery presents valid proof of identity and age
75	75	and:
76	76	(1) the person picking up the alcoholic beverage or
77	77	accepting the delivery personally signs a receipt, which may be
78	78	electronic, acknowledging the pickup or delivery; or
79	79	(2) the person providing the beverage for pickup or
80	80	making the delivery acknowledges the completion of the pickup or
81	81	delivery through a software application.
82	82	(d) This section does not authorize the holder of a brewpub
83	83	license who also holds a wine and malt beverage [beer] retailer's
84	84	permit to deliver alcoholic beverages directly to ultimate
85	85	consumers for off-premise consumption at a location other than the
86	86	licensed premises.
87	87	(e) A person who picks up or delivers an alcoholic beverage
88	88	described by Subsection (a-1)(1)(B)(ii) may not transport the
89	89	alcoholic beverage in the passenger area of a motor vehicle.
90	90	ARTICLE 2. EDUCATION CODE
91	91	SECTION 2.01. Section 18.006(b), Education Code, is amended
92	92	to read as follows:
93	93	(b) In addition to other factors determined to be
94	94	appropriate by the commissioner, the accountability system must
95	95	include consideration of:
96	96	(1) student performance on the [end-of-course]
97	97	assessment instruments administered under [required by] Section
98	98	39.023(c); and
99	99	(2) dropout rates, including dropout rates and diploma
100	100	program completion rates for the grade levels served by the diploma
101	101	program.
102	102	SECTION 2.02. Section 25.005(b), Education Code, is amended
103	103	to read as follows:
104	104	(b) A reciprocity agreement must:
105	105	(1) address procedures for:
106	106	(A) transferring student records;
107	107	(B) awarding credit for completed course work;
108	108	and
109	109	(C) permitting a student to satisfy the
110	110	requirements of Section 39.025 through successful performance on
111	111	comparable [end-of-course or other exit-level] assessment
112	112	instruments administered in another state; and
113	113	(2) include appropriate criteria developed by the
114	114	agency.
115	115	SECTION 2.03. Section 28.014(a), Education Code, is amended
116	116	to read as follows:
117	117	(a) Each school district shall partner with at least one
118	118	institution of higher education to develop and provide courses in
119	119	college preparatory mathematics and English language arts. The
120	120	courses must be designed:
121	121	(1) for students at the 12th grade level whose
122	122	performance on:
123	123	(A) an [end-of-course] assessment instrument
124	124	administered [required] under Section 39.023(c) does not meet
125	125	college readiness standards; or
126	126	(B) coursework, a college entrance examination,
127	127	or an assessment instrument designated under Section 51.334
128	128	indicates that the student is not ready to perform entry-level
129	129	college coursework; and
130	130	(2) to prepare students for success in entry-level
131	131	college courses.
132	132	SECTION 2.04. Section 28.0211(o), Education Code, is
133	133	amended to read as follows:
134	134	(o) This section does not require the administration of
135	135	a fifth [or eighth] grade assessment instrument in a subject under
136	136	Section 39.023(a) to a student enrolled in the fifth [or eighth]
137	137	grade[, as applicable,] if the student[:
138	138	[(1)] is enrolled in a course in the subject intended
139	139	for students above the student's grade level and will be
140	140	administered an assessment instrument adopted or developed under
141	141	Section 39.023(a) that aligns with the curriculum for the course in
142	142	which the student is enrolled[; or
143	143	[(2) is enrolled in a course in the subject for which
144	144	the student will receive high school academic credit and will be
145	145	administered an end-of-course assessment instrument adopted under
146	146	Section 39.023(c) for the course].
147	147	SECTION 2.05. Section 28.023(c), Education Code, is amended
148	148	to read as follows:
149	149	(c) A school district shall give a student in grade level
150	150	six or above credit for a subject on the basis of an examination for
151	151	credit in the subject approved by the board of trustees under
152	152	Subsection (a) if the student scores in the 80th percentile or above
153	153	on the examination or if the student achieves a score as provided by
154	154	Subsection (c-1). If a student is given credit in a subject on the
155	155	basis of an examination, the district shall enter the examination
156	156	score on the student's transcript [and the student is not required
157	157	to take an end-of-course assessment instrument adopted under
158	158	Section 39.023(c) for that subject].
159	159	SECTION 2.06. Sections 28.025(b-4) and (c-8), Education
160	160	Code, are amended to read as follows:
161	161	(b-4) A school district may offer the curriculum described
162	162	in Subsections (b-1)(1) through (4) in an applied manner. Courses
163	163	delivered in an applied manner must cover the essential knowledge
164	164	and skills[, and the student shall be administered the applicable
165	165	end-of-course assessment instrument as provided by Sections
166	166	39.023(c) and 39.025].
167	167	(c-8) For purposes of Subsection (c-7), the admission,
168	168	review, and dismissal committee of a student in a special education
169	169	program under Subchapter A, Chapter 29, shall determine whether the
170	170	student is required to achieve satisfactory performance on an
171	171	[end-of-course] assessment instrument administered under Section
172	172	39.023(c) to earn an endorsement on the student's transcript.
173	173	SECTION 2.07. Section 28.0255, Education Code, is amended
174	174	by amending Subsections (g) and (h) and adding Subsection (g-1) to
175	175	read as follows:
176	176	(g) A student entering the ninth grade for the first time
177	177	beginning with the 2021-2022 school year is entitled to a high
178	178	school diploma if the student:
179	179	(1) successfully complies with the curriculum
180	180	requirements specified under Subsection (e); and
181	181	(2) performs satisfactorily, as determined by the
182	182	commissioner under Subsection (h), on each [end-of-course]
183	183	assessment instrument selected [instruments listed] under Section
184	184	39.023(c) by the school district [for courses] in which the student
185	185	is [was] enrolled.
186	186	(g-1) A student other than a student described by Subsection
187	187	(g) is entitled to a high school diploma if the student:
188	188	(1) successfully complies with the curriculum
189	189	requirements specified under Subsection (e); and
190	190	(2) performs satisfactorily, as determined by the
191	191	commissioner under Subsection (h), on:
192	192	(A) each assessment instrument selected under
193	193	Section 39.023(c) by the school district in which the student is
194	194	enrolled; or
195	195	(B) assessment instruments listed under Section
196	196	39.023(c), as that section existed before amendment by _.B. ___,
197	197	Acts of the 87th Legislature, Regular Session, 2021, for courses in
198	198	which the student was enrolled.
199	199	(h) For purposes of Subsections [Subsection] (g)(2) and
200	200	(g-1)(2), the commissioner shall determine the level of
201	201	satisfactory performance on applicable [end-of-course] assessment
202	202	instruments administered to a student.
203	203	SECTION 2.08. Section 28.0258, Education Code, is amended
204	204	by amending Subsections (a), (b), (f), (h), (j), and (k) and adding
205	205	Subsections (m) and (n) to read as follows:
206	206	(a) This section applies only to an 11th or 12th grade
207	207	student who has failed to comply with the [end-of-course]
208	208	assessment instrument performance requirements under Section
209	209	39.025 for not more than two subjects identified under Section
210	210	39.023(c) [courses].
211	211	(b) For each student to whom this section applies, the
212	212	school district that the student attends shall establish an
213	213	individual graduation committee at the end of or after the
214	214	student's 11th grade year to determine whether the student may
215	215	qualify to graduate as provided by this section. A student may not
216	216	qualify to graduate under this section before the student's 12th
217	217	grade year. The committee shall be composed of:
218	218	(1) the principal or principal's designee;
219	219	(2) for each subject identified under Section
220	220	39.023(c) for [end-of-course assessment instrument on] which the
221	221	student failed to perform satisfactorily on the appropriate
222	222	corresponding required assessment instrument, a [the] teacher of
223	223	the student in that subject, designated by the principal [course];
224	224	(3) the department chair or lead teacher supervising
225	225	the teacher described by Subdivision (2); and
226	226	(4) as applicable:
227	227	(A) the student's parent or person standing in
228	228	parental relation to the student;
229	229	(B) a designated advocate described by
230	230	Subsection (c) if the person described by Paragraph (A) is unable to
231	231	serve; or
232	232	(C) the student, at the student's option, if the
233	233	student is at least 18 years of age or is an emancipated minor.
234	234	(f) Notwithstanding any other law, a student's individual
235	235	graduation committee established under this section shall
236	236	recommend additional requirements by which the student may qualify
237	237	to graduate, including:
238	238	(1) additional remediation; and
239	239	(2) for each [end-of-course] assessment instrument
240	240	required under Section 39.023(c) on which the student failed to
241	241	perform satisfactorily:
242	242	(A) the completion of a project related to the
243	243	subject area [of the course] that demonstrates proficiency in the
244	244	subject area; or
245	245	(B) the preparation of a portfolio of work
246	246	samples in the subject area [of the course], including work samples
247	247	[from the course] that demonstrate proficiency in the subject area.
248	248	(h) In determining whether a student for whom an individual
249	249	graduation committee is established is qualified to graduate, the
250	250	committee shall consider:
251	251	(1) the recommendation of the student's teacher in
252	252	each course of the subject for which the student failed to perform
253	253	satisfactorily on an [end-of-course] assessment instrument;
254	254	(2) the student's grade in each course of the subject
255	255	for which the student failed to perform satisfactorily on an
256	256	[end-of-course] assessment instrument;
257	257	(3) the student's score on each [end-of-course]
258	258	assessment instrument required under Section 39.023(c) on which the
259	259	student failed to perform satisfactorily;
260	260	(4) the student's performance on any additional
261	261	requirements recommended by the committee under Subsection (f);
262	262	(5) the number of hours of remediation that the
263	263	student has attended, including[:
264	264	[(A) attendance in a college preparatory course
265	265	required under Section 39.025(b-2), if applicable; or
266	266	[(B)] attendance in and successful completion of
267	267	a transitional college course in reading or mathematics;
268	268	(6) the student's school attendance rate;
269	269	(7) the student's satisfaction of any of the Texas
270	270	Success Initiative (TSI) college readiness benchmarks prescribed
271	271	by the Texas Higher Education Coordinating Board;
272	272	(8) the student's successful completion of a dual
273	273	credit course in English, mathematics, science, or social studies;
274	274	(9) the student's successful completion of a high
275	275	school pre-advanced placement, advanced placement, or
276	276	international baccalaureate program course in English,
277	277	mathematics, science, or social studies;
278	278	(10) the student's rating of advanced high on the most
279	279	recent high school administration of the Texas English Language
280	280	Proficiency Assessment System;
281	281	(11) the student's score of 50 or greater on a
282	282	College-Level Examination Program examination;
283	283	(12) the student's score on:
284	284	(A) the ACT or[,] the SAT, if not otherwise
285	285	considered under Subdivision (3); or
286	286	(B) the Armed Services Vocational Aptitude
287	287	Battery test;
288	288	(13) the student's completion of a sequence of courses
289	289	under a career and technical education program required to attain
290	290	an industry-recognized credential or certificate;
291	291	(14) the student's overall preparedness for
292	292	postsecondary success; and
293	293	(15) any other academic information designated for
294	294	consideration by the board of trustees of the school district.
295	295	(j) Notwithstanding any action taken by an individual
296	296	graduation committee under this section, a school district shall
297	297	administer an [end-of-course] assessment instrument required under
298	298	Section 39.023(c) to any student who fails to perform
299	299	satisfactorily on an [end-of-course] assessment instrument
300	300	required under Section 39.023(c) as provided by Section 39.025(b).
301	301	For purposes of Section 39.053(c)(1), an assessment instrument
302	302	administered as provided by this subsection is considered an
303	303	assessment instrument required for graduation retaken by a student.
304	304	(k) The commissioner shall adopt rules as necessary to
305	305	administer [implement] this section [not later than the 2015-2016
306	306	school year].
307	307	(m) For a student subject to Section 39.025(f-3)(1):
308	308	(1) for purposes of Subsection (a), this section
309	309	applies only to an 11th or 12th grade student who has failed to
310	310	comply with the end-of-course assessment instrument performance
311	311	requirements under Section 39.025, as that section existed before
312	312	amendment by __.B. ___, Acts of the 87th Legislature, Regular
313	313	Session, 2021, for not more than two courses listed in Section
314	314	39.023(c), as that section existed before amendment by _.B. ___,
315	315	Acts of the 87th Legislature, Regular Session, 2021;
316	316	(2) for purposes of the composition of an individual
317	317	graduation committee under Subsection (b)(2), the committee shall
318	318	include the teacher of the course for each end-of-course assessment
319	319	instrument described by Subdivision (1) for which the student
320	320	failed to perform satisfactorily;
321	321	(3) for purposes of Subsection (h)(1), an individual
322	322	graduation committee shall consider the recommendation of the
323	323	teacher described by Subdivision (2); and
324	324	(4) for purposes of Subsection (h)(2), an individual
325	325	graduation committee shall consider the student's grade in each
326	326	course described by Subdivision (2).
327	327	(n) Subsection (m) and this subsection expire September 1,
328	328	2025.
329	329	SECTION 2.09. Sections 29.081(b) and (b-1), Education Code,
330	330	are amended to read as follows:
331	331	(b) Each district shall provide accelerated instruction to
332	332	a student enrolled in the district who has taken an [end-of-course]
333	333	assessment instrument administered under Section 39.023(c) and has
334	334	not performed satisfactorily on the assessment instrument or who is
335	335	at risk of dropping out of school.
336	336	(b-1) Each school district shall offer before the next
337	337	scheduled administration of the assessment instrument, without
338	338	cost to the student, additional accelerated instruction to each
339	339	student in any subject in which the student failed to perform
340	340	satisfactorily on an [end-of-course] assessment instrument
341	341	required for graduation.
342	342	SECTION 2.10. Section 29.087(f), Education Code, is amended
343	343	to read as follows:
344	344	(f) A student participating in a program authorized by this
345	345	section, other than a student ordered to participate under
346	346	Subsection (d)(1), must have taken any [the] appropriate
347	347	[end-of-course] assessment instrument [instruments] specified by
348	348	Section 39.023(c) that is administered before the student enters
349	349	[entering] the program and must take any [each] appropriate
350	350	[end-of-course] assessment instrument that is administered during
351	351	the period in which the student is enrolled in the program. Except
352	352	for a student ordered to participate under Subsection (d)(1), a
353	353	student participating in the program may not take the high school
354	354	equivalency examination unless the student has taken the assessment
355	355	instruments required by this subsection.
356	356	SECTION 2.11. Section 29.402(b), Education Code, is amended
357	357	to read as follows:
358	358	(b) A person who is under 26 years of age is eligible to
359	359	enroll in a dropout recovery program under this subchapter if the
360	360	person:
361	361	(1) must complete not more than three course credits
362	362	to complete the curriculum requirements for the foundation high
363	363	school program for high school graduation; or
364	364	(2) has failed to perform satisfactorily on, as
365	365	applicable:
366	366	(A) an [end-of-course] assessment instrument
367	367	administered under Section 39.023(c);
368	368	(B) an assessment instrument administered under
369	369	Section 39.023(c) as that section existed before amendment by _.B.
370	370	___, Acts of the 87th Legislature, Regular Session, 2021; or
371	371	(C) an assessment instrument administered under
372	372	Section 39.023(c) as that section existed before amendment by
373	373	Chapter 1312 (S.B. 1031), Acts of the 80th Legislature, Regular
374	374	Session, 2007.
375	375	SECTION 2.12. Section 39.023(a), Education Code, as
376	376	effective until September 1, 2021, is amended to read as follows:
377	377	(a) The agency shall adopt or develop appropriate
378	378	criterion-referenced assessment instruments designed to assess
379	379	essential knowledge and skills in reading, [writing,] mathematics,
380	380	[social studies,] and science. Except as provided by Subsection
381	381	(a-2), all students, other than students assessed under Subsection
382	382	(b) or (l) or exempted under Section 39.027, shall be assessed in:
383	383	(1) mathematics, annually in grades three through
384	384	eight;
385	385	(2) reading, annually in grades three through eight;
386	386	and
387	387	(3) [writing, including spelling and grammar, in
388	388	grades four and seven;
389	389	[(4) social studies, in grade eight;
390	390	[(5)] science, in grades five and eight[; and
391	391	[(6) any other subject and grade required by federal
392	392	law].
393	393	SECTION 2.13. Section 39.023(a), Education Code, as
394	394	effective September 1, 2021, is amended to read as follows:
395	395	(a) The agency shall adopt or develop appropriate
396	396	criterion-referenced assessment instruments designed to assess
397	397	essential knowledge and skills in reading, mathematics, [social
398	398	studies,] and science. Except as provided by Subsection (a-2), all
399	399	students, other than students assessed under Subsection (b) or (l)
400	400	or exempted under Section 39.027, shall be assessed in:
401	401	(1) mathematics, annually in grades three through
402	402	eight;
403	403	(2) reading, annually in grades three through eight;
404	404	and
405	405	(3) [social studies, in grade eight;
406	406	[(4)] science, in grades five and eight[; and
407	407	[(5) any other subject and grade required by federal
408	408	law].
409	409	SECTION 2.14. Section 39.023, Education Code, is amended by
410	410	amending Subsections (a-2), (b-1), (c), (c-3), (c-5), (c-8), (e),
411	411	(g), (h), (i), and (p) and adding Subsections (h-1) and (q) to read
412	412	as follows:
413	413	(a-2) Except as required by federal law, a student is not
414	414	required to be assessed in a subject otherwise assessed at the
415	415	student's grade level under Subsection (a) if the student[:
416	416	[(1)] is enrolled in a course in the subject intended
417	417	for students above the student's grade level and will be
418	418	administered an assessment instrument adopted or developed under
419	419	Subsection (a) that aligns with the curriculum for the course in
420	420	which the student is enrolled[; or
421	421	[(2) is enrolled in a course in the subject for which
422	422	the student will receive high school academic credit and will be
423	423	administered an end-of-course assessment instrument adopted under
424	424	Subsection (c) for the course].
425	425	(b-1) The agency, in conjunction with appropriate
426	426	interested persons, shall redevelop assessment instruments adopted
427	427	or developed under Subsection (b) for administration to
428	428	significantly cognitively disabled students in a manner consistent
429	429	with federal law. An assessment instrument under this subsection
430	430	may not require a teacher to prepare tasks or materials for a
431	431	student who will be administered such an assessment instrument. [A
432	432	classroom portfolio method used to assess writing performance may
433	433	require a teacher to prepare tasks and materials.]
434	434	(c) The agency shall also provide for [adopt end-of-course]
435	435	assessment instruments for each federally required secondary-level
436	436	subject, including English language arts, mathematics, and
437	437	science. The commissioner shall identify a procedure for a school
438	438	district to select the Texas Success Initiative (TSI) diagnostic
439	439	assessment or the SAT, the ACT, the PSAT, or the ACT-Plan or any
440	440	other nationally recognized, norm-referenced secondary-level
441	441	assessment instrument designated by the commissioner for the
442	442	assessment of students under this subsection. Each school district
443	443	shall select one or more assessment instruments for purposes of
444	444	this subsection. A school district that selects more than one
445	445	assessment instrument must uniformly administer to students in the
446	446	district the same assessment instrument to satisfy the requirement
447	447	for the same subject [courses in Algebra I, biology, English I,
448	448	English II, and United States history. The Algebra I end-of-course
449	449	assessment instrument must be administered with the aid of
450	450	technology, but may include one or more parts that prohibit the use
451	451	of technology]. An [The English I and English II end-of-course]
452	452	assessment instrument designated under this section [instruments]
453	453	must [each] assess essential knowledge and skills in the
454	454	appropriate subject [both reading and writing and must provide a
455	455	single score]. A school district shall comply with State Board of
456	456	Education rules regarding administration of the assessment
457	457	instruments under [listed in] this subsection. If a student is in a
458	458	special education program under Subchapter A, Chapter 29, the
459	459	student's admission, review, and dismissal committee shall
460	460	determine whether any allowable modification is necessary in
461	461	administering to the student an assessment instrument required
462	462	under this subsection. [The State Board of Education shall
463	463	administer the assessment instruments. An end-of-course assessment
464	464	instrument may be administered in multiple parts over more than one
465	465	day. The State Board of Education shall adopt a schedule for the
466	466	administration of end-of-course assessment instruments that
467	467	complies with the requirements of Subsection (c-3).]
468	468	(c-3) In [Except as provided by Subsection (c-7), in]
469	469	adopting a schedule for the administration of assessment
470	470	instruments under this section, the State Board of Education shall
471	471	ensure that assessment instruments administered under Subsection
472	472	(a) or (c) are not administered on the first instructional day of a
473	473	week.
474	474	(c-5) A student's performance on an [end-of-course]
475	475	assessment instrument administered [required] under Subsection (c)
476	476	must be included in the student's academic achievement record.
477	477	(c-8) Beginning with the 2022-2023 school year, an
478	478	assessment instrument developed under Subsection (a) [or (c)] may
479	479	not present more than 75 percent of the questions in a multiple
480	480	choice format.
481	481	(e) Under rules adopted by the State Board of Education,
482	482	every third year, the agency shall release the questions and answer
483	483	keys to each assessment instrument administered under Subsection
484	484	(a), (b), [(c), (d),] or (l), excluding any assessment instrument
485	485	administered to a student for the purpose of retaking the
486	486	assessment instrument, after the last time the instrument is
487	487	administered for that school year. To ensure a valid bank of
488	488	questions for use each year, the agency is not required to release a
489	489	question that is being field-tested and was not used to compute the
490	490	student's score on the instrument. The agency shall also release,
491	491	under board rule, each question that is no longer being
492	492	field-tested and that was not used to compute a student's score.
493	493	[During the 2014-2015 and 2015-2016 school years, the agency shall
494	494	release the questions and answer keys to assessment instruments as
495	495	described by this subsection each year.]
496	496	(g) An [The State Board of Education may adopt one
497	497	appropriate, nationally recognized, norm-referenced] assessment
498	498	instrument administered under Subsection (c) [in reading and
499	499	mathematics to be administered to a selected sample of students in
500	500	the spring. If adopted, a norm-referenced assessment instrument]
501	501	must be a secured test. The commissioner shall contract with a
502	502	vendor to administer the assessment instrument, complete the
503	503	scoring of the assessment instrument, and distribute within a
504	504	reasonable period the results to the agency and the relevant
505	505	results to each school district. As soon as practicable after the
506	506	district receives the results from the vendor under this
507	507	subsection, the district shall:
508	508	(1) distribute the relevant results to each district
509	509	campus; and
510	510	(2) provide written notice to the student and the
511	511	person standing in parental relation to the student that states the
512	512	student's results and whether the student performed satisfactorily
513	513	on the assessment instrument [The state may pay the costs of
514	514	purchasing and scoring the adopted assessment instrument and of
515	515	distributing the results of the adopted instrument to the school
516	516	districts. A district that administers the norm-referenced test
517	517	adopted under this subsection shall report the results to the
518	518	agency in a manner prescribed by the commissioner].
519	519	(h) Except as provided by Subsection (g), the [The] agency
520	520	shall notify school districts and campuses of the results of
521	521	assessment instruments administered under this section not later
522	522	than the 21st day after the date the assessment instrument is
523	523	administered.
524	524	(h-1) A [The] school district shall disclose to each
525	525	district teacher the results of assessment instruments
526	526	administered to students taught by the teacher in the subject for
527	527	the school year in which the assessment instrument is administered.
528	528	(i) The provisions of this section[, except Subsection
529	529	(d),] are subject to modification by rules adopted under Section
530	530	39.022. Each assessment instrument adopted or designated under
531	531	those rules [and each assessment instrument required under
532	532	Subsection (d)] must be reliable and valid and must meet any
533	533	applicable federal requirements for measurement of student
534	534	progress.
535	535	(p) On or before September 1 of each year, the commissioner
536	536	shall make the following information available on the agency's
537	537	Internet website for each assessment instrument administered under
538	538	Subsection (a)[, (c),] or (l) and for the Texas Success Initiative
539	539	(TSI) diagnostic assessment:
540	540	(1) the number of questions on the assessment
541	541	instrument;
542	542	(2) the number of questions that must be answered
543	543	correctly to achieve satisfactory performance as determined by the
544	544	commissioner under Section 39.0241(a);
545	545	(3) the number of questions that must be answered
546	546	correctly to achieve satisfactory performance under the college
547	547	readiness performance standard as provided by Section 39.0241; and
548	548	(4) the corresponding scale scores.
549	549	(q) Notwithstanding any provision of this section or other
550	550	law, if changes made to the Every Student Succeeds Act (20 U.S.C.
551	551	Section 6301 et seq.) reduce the number or frequency of assessment
552	552	instruments required to be administered to students, the State
553	553	Board of Education shall adopt rules reducing the number or
554	554	frequency of assessment instruments administered to students under
555	555	state law, and the commissioner shall ensure that students are not
556	556	assessed in subject areas or in grades that are no longer required
557	557	to meet the minimum requirements of that Act.
558	558	SECTION 2.15. The heading to Section 39.0232, Education
559	559	Code, is amended to read as follows:
560	560	Sec. 39.0232. USE OF [END-OF-COURSE] ASSESSMENT INSTRUMENT
561	561	AS PLACEMENT INSTRUMENT; CERTAIN USES PROHIBITED.
562	562	SECTION 2.16. Sections 39.0232(a), (b), and (c), Education
563	563	Code, are amended to read as follows:
564	564	(a) To the extent practicable, the agency shall ensure that
565	565	any high school [end-of-course] assessment instrument designated
566	566	under Section 39.023(c) [developed by the agency is developed in
567	567	such a manner that the assessment instrument] may be used to
568	568	determine the appropriate placement of a student in a course of the
569	569	same subject matter at an institution of higher education.
570	570	(b) A student's performance on an [end-of-course]
571	571	assessment instrument administered under Section 39.023(c) may not
572	572	be used:
573	573	(1) in determining the student's class ranking for any
574	574	purpose, including entitlement to automatic college admission
575	575	under Section 51.803 or 51.804; or
576	576	(2) as a sole criterion in the determination of
577	577	whether to admit the student to a general academic teaching
578	578	institution in this state.
579	579	(c) Subsection (b)(2) does not prohibit a general academic
580	580	teaching institution from implementing an admission policy that
581	581	takes into consideration a student's performance on an
582	582	[end-of-course] assessment instrument administered under Section
583	583	39.023(c) in addition to other criteria.
584	584	SECTION 2.17. Section 39.0234, Education Code, is amended
585	585	to read as follows:
586	586	Sec. 39.0234. ELECTRONIC ADMINISTRATION OF ASSESSMENT
587	587	INSTRUMENTS. (a) Except as provided by Subsection (b), the [The]
588	588	agency shall ensure that assessment instruments required under
589	589	Section 39.023 are capable of being administered electronically.
590	590	(b) Subsection (a) does not apply to a nationally
591	591	recognized, norm-referenced assessment instrument under Section
592	592	39.023(c).
593	593	SECTION 2.18. Section 39.0241, Education Code, is amended
594	594	by amending Subsection (a-1) and adding Subsection (a-2) to read as
595	595	follows:
596	596	(a-1) The commissioner of education, in collaboration with
597	597	the commissioner of higher education, shall determine the level of
598	598	performance necessary to indicate college readiness[, as defined by
599	599	Section 39.024(a)].
600	600	(a-2) In this section, "college readiness" means the level
601	601	of preparation a student must attain in English language arts and
602	602	mathematics courses to enroll and succeed, without remediation, in
603	603	an entry-level general education course for credit in that same
604	604	content area for a baccalaureate degree or associate degree program
605	605	at:
606	606	(1) a general academic teaching institution, as
607	607	defined by Section 61.003, other than a research institution, as
608	608	categorized under the Texas Higher Education Coordinating Board's
609	609	accountability system; or
610	610	(2) a postsecondary educational institution that
611	611	primarily offers associate degrees or certificates or credentials
612	612	other than baccalaureate or advanced degrees.
613	613	SECTION 2.19. Section 39.025, Education Code, is amended by
614	614	amending Subsections (a), (a-4), (b), and (b-1) and adding
615	615	Subsection (f-3) to read as follows:
616	616	(a) The commissioner shall adopt rules requiring a student
617	617	in the foundation high school program under Section 28.025 to be
618	618	administered each [an end-of-course] assessment instrument
619	619	selected under [listed in] Section 39.023(c) by the school district
620	620	[only for a course] in which the student is enrolled [and for which
621	621	an end-of-course assessment instrument is administered]. A student
622	622	is required to achieve a scale score that indicates satisfactory
623	623	performance, as determined by the commissioner under Section
624	624	39.0241(a), on each [end-of-course] assessment instrument
625	625	administered to the student. For each scale score required under
626	626	this subsection that is not based on a 100-point scale scoring
627	627	system, the commissioner shall provide for conversion, in
628	628	accordance with commissioner rule, of the scale score to an
629	629	equivalent score based on a 100-point scale scoring system. A
630	630	student may not receive a high school diploma until the student has
631	631	performed satisfactorily on each [end-of-course] assessment
632	632	instrument [instruments] in the manner provided under this
633	633	subsection. This subsection does not require a student to
634	634	demonstrate readiness to enroll in an institution of higher
635	635	education.
636	636	(a-4) The admission, review, and dismissal committee of a
637	637	student in a special education program under Subchapter A, Chapter
638	638	29, shall determine whether, to receive a high school diploma, the
639	639	student is required to achieve satisfactory performance on
640	640	[end-of-course] assessment instruments administered under Section
641	641	39.023(c).
642	642	(b) Each time an [end-of-course] assessment instrument
643	643	[adopted] under Section 39.023(c) is administered, a student who
644	644	failed to achieve a score requirement under Subsection (a) may
645	645	retake the assessment instrument. [A student is not required to
646	646	retake a course as a condition of retaking an end-of-course
647	647	assessment instrument.]
648	648	(b-1) A school district shall provide each student who fails
649	649	to perform satisfactorily as determined by the commissioner under
650	650	Section 39.0241(a) on an [end-of-course] assessment instrument
651	651	administered under Section 39.023(c) with accelerated instruction
652	652	[in the subject assessed by the assessment instrument].
653	653	(f-3) The commissioner shall by rule adopt a transition plan
654	654	to implement the amendments made by __.B. ____, Acts of the 87th
655	655	Legislature, Regular Session, 2021, replacing end-of-course
656	656	assessment instruments with one or more assessment instruments
657	657	selected by a school district under Section 39.023(c). The rules
658	658	must provide for each assessment instrument selected by a school
659	659	district under Section 39.023(c) to be administered beginning with
660	660	students enrolled in the ninth grade for the first time during the
661	661	2021-2022 school year. During the period under which the
662	662	transition from end-of-course assessment instruments is made:
663	663	(1) for students entering a grade above the ninth
664	664	grade during the 2021-2022 school year or students repeating ninth
665	665	grade during the 2021-2022 school year, the commissioner shall
666	666	retain, administer, and use for purposes of accreditation and other
667	667	campus and district accountability measures under this chapter the
668	668	end-of-course assessment instruments required by Section
669	669	39.023(c), as that section existed before amendment by __.B. ____,
670	670	Acts of the 87th Legislature, Regular Session, 2021; and
671	671	(2) a student subject to Subdivision (1) may not
672	672	receive a high school diploma unless the student has performed
673	673	satisfactorily on:
674	674	(A) each required end-of-course assessment
675	675	instrument administered under Section 39.023(c), as that section
676	676	existed before amendment by __.B. ____, Acts of the 87th
677	677	Legislature, Regular Session, 2021; or
678	678	(B) each assessment instrument selected under
679	679	Section 39.023(c) by the district in which the student is enrolled.
680	680	SECTION 2.20. Section 39.034(d), Education Code, is amended
681	681	to read as follows:
682	682	(d) The agency shall determine the necessary annual
683	683	improvement required each year for a student to be prepared to
684	684	perform satisfactorily on, as applicable:
685	685	(1) the grade five assessment instruments;
686	686	(2) the grade eight assessment instruments; and
687	687	(3) the [end-of-course] assessment instruments
688	688	required under this subchapter for graduation.
689	689	SECTION 2.21. Section 39.035(a), Education Code, is amended
690	690	to read as follows:
691	691	(a) Subject to Subsection (b), the agency may conduct field
692	692	testing of questions for any assessment instrument administered
693	693	under Section 39.023(a), (b), [(c), (d),] or (l) that is separate
694	694	from the administration of the assessment instrument not more
695	695	frequently than every other school year.
696	696	SECTION 2.22. Section 39.203(c), Education Code, is amended
697	697	to read as follows:
698	698	(c) In addition to the distinction designations described
699	699	by Subsections (a) and (b), a campus that satisfies the criteria
700	700	developed under Section 39.204 shall be awarded a distinction
701	701	designation by the commissioner for outstanding performance in
702	702	academic achievement in English language arts, mathematics, or
703	703	science[, or social studies].
704	704	SECTION 2.23. Section 51.338(c), Education Code, is amended
705	705	to read as follows:
706	706	(c) A student who has achieved scores set by the board on the
707	707	questions developed for end-of-course assessment instruments under
708	708	Section 39.0233(a), as that section existed before repeal by
709	709	__.B. ____, Acts of the 87th Legislature, Regular Session, 2021, is
710	710	exempt from the requirements of this subchapter. The exemption is
711	711	effective for the three-year period following the date a student
712	712	takes the last assessment instrument for purposes of this
713	713	subchapter and achieves the standard set by the board. This
714	714	subsection does not apply during any period for which the board
715	715	designates the questions developed for end-of-course assessment
716	716	instruments under Section 39.0233(a), as that section existed
717	717	before repeal by _.B. ____, Acts of the 87th Legislature, Regular
718	718	Session, 2021, as the primary assessment instrument under this
719	719	subchapter, except that the three-year period described by this
720	720	subsection remains in effect for students who qualify for an
721	721	exemption under this subsection before that period.
722	722	SECTION 2.24. Section 61.06641(i), Education Code, is
723	723	amended to read as follows:
724	724	(i) Notwithstanding Chapter 551, Government Code, or any
725	725	other law, the advisory council may meet by telephone conference
726	726	call, videoconference, or other similar telecommunication method.
727	727	A meeting held by telephone conference call, videoconference, or
728	728	other similar telecommunication method is subject to the
729	729	requirements of Sections 551.125(c), (d), (f), and (g)
730	730	[551.125(c)-(f)], Government Code.
731	731	SECTION 2.25. The following provisions of the Education
732	732	Code are repealed:
733	733	(1) Sections 39.023(a-15), (c-2), (c-4), (c-6), and
734	734	(d);
735	735	(2) Section 39.023(c-7), as added by Chapter 1282
736	736	(H.B. 1244), Acts of the 86th Legislature, Regular Session, 2019;
737	737	(3) Section 39.023(c-7), as added by Chapter 1315
738	738	(H.B. 3906), Acts of the 86th Legislature, Regular Session, 2019;
739	739	(4) Section 39.0233;
740	740	(5) Section 39.024;
741	741	(6) Sections 39.025(a-1), (a-2), (a-3), (a-5), and
742	742	(e-1);
743	743	(7) Section 39.053(d-1); and
744	744	(8) Section 39.203(d).
745	745	SECTION 2.26. As soon as practicable after the effective
746	746	date of this Act, each school district shall provide notice to an
747	747	eighth grade student under Section 39.025(g), Education Code,
748	748	informing the student of the specific requirements applicable to
749	749	the student under Sections 39.023(c) and 39.025(a), Education Code,
750	750	as amended by this Act.
751	751	SECTION 2.27. A change in law made by this Act to a
752	752	provision of Title 2, Education Code, applies beginning with the
753	753	2021-2022 school year.
754	754	ARTICLE 3. ESTATES CODE
755	755	SECTION 3.01. Subtitle F, Title 2, Estates Code, is amended
756	756	by adding Chapter 259 to read as follows:
757	757	CHAPTER 259. ELECTRONIC WILLS
758	758	Sec. 259.001. SHORT TITLE. This chapter may be cited as the
759	759	Electronic Wills Act.
760	760	Sec. 259.002. DEFINITIONS. In this chapter:
761	761	(1) "Electronic" means relating to technology having
762	762	electrical, digital, magnetic, wireless, optical, electromagnetic,
763	763	or similar capabilities.
764	764	(2) "Electronic notarial certificate" has the meaning
765	765	assigned by Section 406.101, Government Code.
766	766	(3) "Electronic will" means a will executed in
767	767	compliance with Section 259.005.
768	768	(4) "Online notary public" has the meaning assigned by
769	769	Section 406.101, Government Code.
770	770	(5) "Record" means information that is inscribed on a
771	771	tangible medium or that is stored in an electronic or other medium
772	772	and is retrievable in perceivable form.
773	773	(6) "Sign" means, with present intent to authenticate
774	774	or adopt a record:
775	775	(A) to execute or adopt a tangible symbol; or
776	776	(B) to affix to or logically associate with the
777	777	record an electronic symbol, sound, or process.
778	778	Sec. 259.0025. ELECTRONIC PRESENCE. For purposes of this
779	779	chapter, two individuals are in each other's "electronic presence"
780	780	if the individuals are in different physical locations but able to
781	781	communicate simultaneously by sight and sound, with accommodation
782	782	for a testator or witness who has limited ability in sight or
783	783	hearing.
784	784	Sec. 259.003. COMMON LAW AND PRINCIPLES OF EQUITY. The
785	785	common law and principles of equity supplement this chapter except
786	786	to the extent modified by this chapter or state law other than this
787	787	chapter.
788	788	Sec. 259.004. WHO MAY MAKE AN ELECTRONIC WILL. An
789	789	individual who may make a will under the law of this state other
790	790	than this chapter may make an electronic will.
791	791	Sec. 259.005. EXECUTION OF ELECTRONIC WILL. (a) An
792	792	electronic will must be in a record perceivable as text that is:
793	793	(1) signed, with the intent that the record be the
794	794	testator's electronic will, by:
795	795	(A) the testator; or
796	796	(B) another individual in the testator's name, in
797	797	the testator's conscious physical or electronic presence, and at
798	798	the testator's direction; and
799	799	(2) signed by at least two credible individuals who
800	800	are at least 14 years of age, each of whom signed in the physical or
801	801	electronic presence of the testator.
802	802	(b) Intent of a testator that a record be the testator's
803	803	electronic will may be established by extrinsic evidence.
804	804	Sec. 259.006. ELECTRONIC WILL MADE SELF-PROVING IF ALL
805	805	WITNESSES PHYSICALLY PRESENT. (a) An electronic will with all
806	806	attesting witnesses physically present in the same location as the
807	807	testator may be made self-proving by acknowledgment of the testator
808	808	and affidavits of the witnesses.
809	809	(b) An acknowledgment and the affidavits under Subsection
810	810	(a) must be:
811	811	(1) made before an officer authorized to administer
812	812	oaths under law of the state in which execution occurs, who is
813	813	physically present in the same location as the testator and
814	814	attesting witnesses; and
815	815	(2) evidenced by the officer's certificate under
816	816	official seal logically associated with the electronic will.
817	817	(c) The acknowledgment and affidavits under Subsection (a)
818	818	must be in substantially the following form:
819	819	Before me, the undersigned authority, on this day personally
820	820	appeared _____________, _____________, and _____________, known to
821	821	me to be the testator and witnesses, respectively, who signed their
822	822	names to this record in their respective capacities, and all of said
823	823	persons being by me duly sworn, the said _____________, testator,
824	824	declared to me and to the said witnesses in my presence that this
825	825	record is [his/her] electronic will, and that [he/she] had
826	826	willingly made and executed it as [his/her] free act and deed; and
827	827	the said witnesses, each on [his/her] oath stated to me, in the
828	828	physical presence and hearing of the said testator, that the said
829	829	testator had declared to them that this record is [his/her]
830	830	electronic will, and that [he/she] executed same as such and wanted
831	831	each of them to sign it as a witness; and upon their oaths each
832	832	witness stated further that they did sign the same as witnesses in
833	833	the presence of the said testator and at [his/her] request; that
834	834	[he/she] was at that time eighteen years of age or over (or being
835	835	under such age, was or had been lawfully married, or was then a
836	836	member of the armed forces of the United States, or an auxiliary of
837	837	the armed forces of the United States, or the United States Maritime
838	838	Service) and was of sound mind; and that each of said witnesses was
839	839	then at least fourteen years of age.
840	840	___________________________
841	841	Testator
842	842	___________________________
843	843	Witness
844	844	___________________________
845	845	Witness
846	846	Subscribed and sworn to before me by the said _________,
847	847	testator, and by the said _____________ and ______________,
848	848	witnesses, this _____ day of __________, 20___.
849	849	(SEAL)
850	850	(Signed) ___________________
851	851	(Official Capacity of Officer)
852	852	Sec. 259.007. ELECTRONIC WILL MADE SELF-PROVING WHERE ALL
853	853	WITNESSES NOT PHYSICALLY PRESENT. (a) In this section,
854	854	"authorized person" means:
855	855	(1) an individual licensed to practice law in the
856	856	United States; or
857	857	(2) a court clerk.
858	858	(b) An electronic will without all attesting witnesses
859	859	physically present in the same location as the testator may be made
860	860	self-proving by:
861	861	(1) acknowledgment of the testator and affidavits of
862	862	the witnesses:
863	863	(A) made before an online notary public; and
864	864	(B) evidenced by the online notary public's
865	865	electronic notarial certificate; or
866	866	(2) an authorized person's certification in writing
867	867	under Subsection (e) that:
868	868	(A) the person is an authorized person;
869	869	(B) the testator declared that the record is the
870	870	testator's electronic will and that the testator understands the
871	871	will's contents;
872	872	(C) the testator signed the electronic will in
873	873	the electronic or physical presence of each individual who signed
874	874	the record as a witness;
875	875	(D) the authorized person is satisfied as to the
876	876	identity of the testator and the witnesses; and
877	877	(E) to the best of the authorized person's
878	878	knowledge the testator:
879	879	(i) was, at the time of the signing of the
880	880	electronic will, 18 years of age or older or, being under such age,
881	881	was or had been lawfully married or was then a member of the armed
882	882	forces of the United States, or an auxiliary of the armed forces of
883	883	the United States, or the United States Maritime Service;
884	884	(ii) was of sound mind; and
885	885	(iii) willingly made and executed the
886	886	electronic will as the testator's free act and deed.
887	887	(c) An heir of the testator or a beneficiary under an
888	888	electronic will may not act as an authorized person under this
889	889	section.
890	890	(d) An authorized person under this section submits to the
891	891	jurisdiction of the court in the county in which the testator
892	892	executes the electronic will.
893	893	(e) A certification made under Subsection (b)(2) must be in
894	894	substantially the following form:
895	895	I, ______________________, an authorized person, certify
896	896	that on this ______ day of __________, 20____, at ______________,
897	897	______________(city, state), the testator declared the attached
898	898	record to be the electronic will of the testator and declared that
899	899	the testator understands the contents of the electronic will. I
900	900	further certify that the testator, in the electronic or physical
901	901	presence of each individual who signed the electronic will as a
902	902	witness, signed the electronic will. I further certify that I am
903	903	satisfied as to the identity of the testator and the witnesses and
904	904	that to the best of my knowledge the testator was, at the time of the
905	905	signing of the electronic will, eighteen years of age or over or,
906	906	being under such age, was or had been lawfully married or was then a
907	907	member of the armed forces of the United States, or an auxiliary of
908	908	the armed forces of the United States, or the United States Maritime
909	909	Service, was of sound mind, and willingly made and executed the
910	910	electronic will as the testator's free act and deed.
911	911	___________________________
912	912	(Signed)
913	913	Sec. 259.008. ELECTRONIC WILL MADE SELF-PROVING AFTER
914	914	EXECUTION. (a) An electronic will with all attesting witnesses
915	915	physically present in the same location as the testator may be made
916	916	self-proving at any time after its execution by the acknowledgment
917	917	of the testator and the affidavits of the witnesses.
918	918	(b) An acknowledgment and affidavits under Subsection (a)
919	919	must be:
920	920	(1) made before an officer authorized to administer
921	921	oaths under the law of the state in which the acknowledgment occurs;
922	922	and
923	923	(2) evidenced by the officer's certificate under
924	924	official seal, logically associated with the electronic will, in
925	925	substantially the following form:
926	926	I, ______________________, the testator, and we,
927	927	______________________ and ______________________, witnesses,
928	928	whose names are signed to the attached or preceding electronic
929	929	will, being sworn, declare to the undersigned officer that the
930	930	testator signed the record as the testator's electronic will, the
931	931	testator willingly made and executed it as the testator's free act
932	932	and deed, each of the witnesses, in the physical presence and
933	933	hearing of the testator, signed the electronic will as witnesses to
934	934	the testator's signing, to the best of each witness's knowledge the
935	935	testator was at that time eighteen years of age or over (or being
936	936	under such age, was or had been lawfully married, or was then a
937	937	member of the armed forces of the United States, or an auxiliary of
938	938	the armed forces of the United States, or the United States Maritime
939	939	Service) and was of sound mind, and each of the witnesses was then
940	940	at least fourteen years of age.
941	941	___________________________
942	942	Testator
943	943	___________________________
944	944	Witness
945	945	___________________________
946	946	Witness
947	947	State of __________________
948	948	County of _________________
949	949	Subscribed and sworn to before me by the said _________,
950	950	testator, and by the said _____________ and ______________,
951	951	witnesses, this _____ day of __________, 20____.
952	952	(SEAL)
953	953	(Signed) __________________
954	954	(Official Capacity of Officer)
955	955	Sec. 259.009. PROOF OF ELECTRONIC WILL. A signature
956	956	physically or electronically affixed to an affidavit attached to an
957	957	electronic will under this chapter is considered a signature
958	958	affixed to the electronic will if necessary to prove the will's
959	959	execution.
960	960	Sec. 259.010. CHOICE OF LAW AS TO EXECUTION. An electronic
961	961	will is validly executed if executed in compliance with the law of
962	962	the place where:
963	963	(1) the testator is physically located at the time of
964	964	execution; or
965	965	(2) at the time of execution or at the time of death,
966	966	the testator is domiciled, resides, or is a citizen.
967	967	Sec. 259.011. REVOCATION. (a) An electronic will or part
968	968	of an electronic will is revoked by:
969	969	(1) a subsequent will, including an electronic will,
970	970	that revokes the previous will or part of the previous will
971	971	expressly or by inconsistency; or
972	972	(2) a revocatory act, if it is established by clear and
973	973	convincing evidence that:
974	974	(A) the testator performed the act with the
975	975	intent and for the purpose of revoking the will or part of the will;
976	976	or
977	977	(B) another individual performed the act in the
978	978	testator's physical or electronic presence and by the testator's
979	979	direction.
980	980	(b) An electronic will may revoke a will that is not an
981	981	electronic will.
982	982	Sec. 259.012. UNIFORMITY OF APPLICATION AND CONSTRUCTION.
983	983	In applying and construing this chapter, consideration must be
984	984	given to the need to promote uniformity of the law with respect to
985	985	its subject matter among states that enact it.
986	986	Sec. 259.013. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL
987	987	AND NATIONAL COMMERCE ACT. This chapter modifies, limits, or
988	988	supersedes the Electronic Signatures in Global and National
989	989	Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify,
990	990	limit, or supersede Section 101(c) of that Act (15 U.S.C. Section
991	991	7001(c)) or authorize electronic delivery of any of the notices
992	992	described in Section 103(b) of that Act (15 U.S.C. Section
993	993	7003(b)).
994	994	SECTION 3.02. Section 305.054, Estates Code, is amended to
995	995	read as follows:
996	996	Sec. 305.054. ADMINISTRATION OF OATH. An oath may be taken
997	997	before any person authorized to administer oaths under the laws of
998	998	this state, including an online notary public using two-way video
999	999	and audio conference technology as provided by Subchapter C,
1000	1000	Chapter 406, Government Code.
1001	1001	SECTION 3.03. Subchapter A, Chapter 751, Estates Code, is
1002	1002	amended by adding Section 751.00221 to read as follows:
1003	1003	Sec. 751.00221. ELECTRONIC SIGNATURE; ONLINE NOTARIZATION.
1004	1004	(a) An adult principal may sign a durable power of attorney or a
1005	1005	revocation of a durable power of attorney using an electronic
1006	1006	signature that:
1007	1007	(1) is capable of verification;
1008	1008	(2) is under the sole control of the principal using
1009	1009	it;
1010	1010	(3) is linked to data in a manner that invalidates the
1011	1011	electronic signature if the data is changed; and
1012	1012	(4) persists with the instrument and not by
1013	1013	association in separate files.
1014	1014	(b) A durable power of attorney in which the principal signs
1015	1015	the instrument using an electronic signature that complies with the
1016	1016	requirements of this section may be acknowledged before an online
1017	1017	notary public using two-way video and audio conference technology
1018	1018	as provided by Subchapter C, Chapter 406, Government Code.
1019	1019	SECTION 3.04. Section 1105.052, Estates Code, is amended to
1020	1020	read as follows:
1021	1021	Sec. 1105.052. ADMINISTRATION OF OATH. An oath may be taken
1022	1022	before any person authorized to administer oaths under the laws of
1023	1023	this state, including an online notary public using two-way video
1024	1024	and audio conference technology as provided by Subchapter C,
1025	1025	Chapter 406, Government Code.
1026	1026	SECTION 3.05. Chapter 259, Estates Code, as added by this
1027	1027	Act, applies to the will of a decedent whose death occurs on or
1028	1028	after the effective date of this Act.
1029	1029	ARTICLE 4. GOVERNMENT CODE
1030	1030	SECTION 4.01. Section 551.125, Government Code, is amended
1031	1031	to read as follows:
1032	1032	Sec. 551.125. MEETING FROM REMOTE LOCATIONS BY TELEPHONE
1033	1033	CONFERENCE CALL [OTHER GOVERNMENTAL BODY]. (a) Except as
1034	1034	otherwise provided by this subchapter, this chapter does not
1035	1035	prohibit a governmental body from holding an open or closed meeting
1036	1036	from one or more remote locations by telephone conference call.
1037	1037	(b) A meeting held by telephone conference call may be held
1038	1038	only if:
1039	1039	(1) [an emergency or public necessity exists within
1040	1040	the meaning of Section 551.045 of this chapter; and
1041	1041	[(2)] the convening at one location of a quorum of the
1042	1042	governmental body is difficult or impossible; or
1043	1043	(2) [(3)] the meeting is held by an advisory board.
1044	1044	(c) The telephone conference call meeting is subject to the
1045	1045	notice requirements applicable to other meetings except as
1046	1046	otherwise provided by Subsection (d).
1047	1047	(d) The notice of the telephone conference call meeting
1048	1048	must:
1049	1049	(1) include the statement "Telephone conference call
1050	1050	under Section 551.125, Government Code" in lieu of the place of the
1051	1051	meeting;
1052	1052	(2) list each physical location where members of the
1053	1053	public may listen to or participate in the meeting, including:
1054	1054	(A) any location that is open to the public where
1055	1055	a member of the governmental body intends to participate in the
1056	1056	meeting; and
1057	1057	(B) any facility provided by the governmental
1058	1058	body for members of the public to listen to the meeting or provide
1059	1059	testimony;
1060	1060	(3) include access information for an audio feed of
1061	1061	the meeting; and
1062	1062	(4) if applicable, include instructions for members of
1063	1063	the public to provide testimony to the governmental body [specify
1064	1064	as the location of the meeting the location where meetings of the
1065	1065	governmental body are usually held].
1066	1066	(e) Any method of access that is provided to the public for
1067	1067	listening to or participating in the telephone conference call
1068	1068	meeting must be widely available at no cost to the public,
1069	1069	including:
1070	1070	(1) a toll-free telephone number; or
1071	1071	(2) a free, widely available computer application that
1072	1072	can be installed on:
1073	1073	(A) a mobile telephone;
1074	1074	(B) a computer;
1075	1075	(C) an Internet-connected television; or
1076	1076	(D) a similar, widely available electronic
1077	1077	device.
1078	1078	(f) [(e)] Each part of the telephone conference call
1079	1079	meeting that is required to be open to the public shall be audible
1080	1080	to the public using the access information described by Subsection
1081	1081	(d) [at the location specified in the notice of the meeting as the
1082	1082	location of the meeting] and shall be recorded. The recording shall
1083	1083	be made available to the public.
1084	1084	(g) [(f)] The [location designated in the notice as the
1085	1085	location of the meeting shall provide two-way communication during
1086	1086	the entire telephone conference call meeting and the]
1087	1087	identification of each party to the telephone conference shall be
1088	1088	clearly stated prior to speaking.
1089	1089	(h) If the governmental body prepares an agenda packet that
1090	1090	would have been distributed to members of the public at a
1091	1091	face-to-face meeting, the governmental body shall make the packet
1092	1092	available electronically so that members of the public listening
1093	1093	remotely can follow along with the meeting.
1094	1094	SECTION 4.02. Section 551.127, Government Code, is amended
1095	1095	to read as follows:
1096	1096	Sec. 551.127. MEETING FROM REMOTE LOCATIONS BY
1097	1097	VIDEOCONFERENCE CALL. (a) Except as otherwise provided by this
1098	1098	section, this chapter does not prohibit a governmental body from
1099	1099	holding an open or closed meeting from one or more remote locations
1100	1100	by videoconference call.
1101	1101	(b) [(a-1)] A member or employee of a governmental body may
1102	1102	participate remotely in a meeting of the governmental body by means
1103	1103	of a videoconference call if the [video and] audio feed and, if
1104	1104	applicable, video feed of the member's or employee's
1105	1105	participation[, as applicable, is broadcast live at the meeting
1106	1106	and] complies with the provisions of this section.
1107	1107	(c) [(a-2)] A member of a governmental body who
1108	1108	participates in a meeting as provided by Subsection (b) [(a-1)]
1109	1109	shall be counted as present at the meeting for all purposes.
1110	1110	(d) [(a-3)] A member of a governmental body who
1111	1111	participates in a meeting by videoconference call shall be
1112	1112	considered absent from any portion of the meeting during which
1113	1113	audio [or video] communication with the member is lost or
1114	1114	disconnected. The governmental body may continue the meeting only
1115	1115	if members in a number sufficient to constitute a quorum of the body
1116	1116	remain audible and visible to each other and, during the open
1117	1117	portion of the meeting, to the public [remains present at the
1118	1118	meeting location or, if applicable, continues to participate in a
1119	1119	meeting conducted under Subsection (c)].
1120	1120	[(b) A meeting may be held by videoconference call only if a
1121	1121	quorum of the governmental body is physically present at one
1122	1122	location of the meeting, except as provided by Subsection (c).
1123	1123	[(c) A meeting of a state governmental body or a
1124	1124	governmental body that extends into three or more counties may be
1125	1125	held by videoconference call only if the member of the governmental
1126	1126	body presiding over the meeting is physically present at one
1127	1127	location of the meeting that is open to the public during the open
1128	1128	portions of the meeting.]
1129	1129	(e) [(d)] A meeting held by videoconference call is subject
1130	1130	to the notice requirements applicable to other meetings except as
1131	1131	otherwise provided by Subsection (f) [in addition to the notice
1132	1132	requirements prescribed by this section].
1133	1133	(f) [(e)] The notice of a meeting to be held by
1134	1134	videoconference call must:
1135	1135	(1) include the statement "Videoconference call under
1136	1136	Section 551.127, Government Code" in lieu of the place of the
1137	1137	meeting;
1138	1138	(2) list each physical location where members of the
1139	1139	public may observe or participate in the meeting, including:
1140	1140	(A) any location that is open to the public where
1141	1141	a member of the governmental body intends to participate in the
1142	1142	meeting; and
1143	1143	(B) any facility provided by the governmental
1144	1144	body for members of the public to observe the meeting or provide
1145	1145	testimony;
1146	1146	(3) include access information for both audio-only and
1147	1147	audiovisual feeds of the meeting; and
1148	1148	(4) if applicable, include instructions for members of
1149	1149	the public to provide testimony to the governmental body [specify
1150	1150	as a location of the meeting the location where a quorum of the
1151	1151	governmental body will be physically present and specify the intent
1152	1152	to have a quorum present at that location, except that the notice of
1153	1153	a meeting to be held by videoconference call under Subsection (c)
1154	1154	must specify as a location of the meeting the location where the
1155	1155	member of the governmental body presiding over the meeting will be
1156	1156	physically present and specify the intent to have the member of the
1157	1157	governmental body presiding over the meeting present at that
1158	1158	location. The location where the member of the governmental body
1159	1159	presiding over the meeting is physically present shall be open to
1160	1160	the public during the open portions of the meeting].
1161	1161	(g) Any method of access that is provided to the public for
1162	1162	the purpose of observing or participating in a meeting held under
1163	1163	this section must be widely available at no cost to the public,
1164	1164	including:
1165	1165	(1) a toll-free telephone number; or
1166	1166	(2) a free, widely available computer application that
1167	1167	can be installed on:
1168	1168	(A) a mobile telephone;
1169	1169	(B) a computer;
1170	1170	(C) an Internet-connected television; or
1171	1171	(D) a similar, widely available electronic
1172	1172	device.
1173	1173	(h) [(f)] Each portion of a meeting held by videoconference
1174	1174	call that is required to be open to the public shall be [visible
1175	1175	and] audible and, if applicable, visible to the public using the
1176	1176	access information described by Subsection (f) [at the location
1177	1177	specified under Subsection (e)]. If a problem occurs that causes a
1178	1178	meeting to no longer be [visible and] audible to the public [at that
1179	1179	location], the meeting must be recessed until the problem is
1180	1180	resolved. If the problem is not resolved in six hours or less, the
1181	1181	meeting must be adjourned.
1182	1182	(i) [(g)] The governmental body shall make at least an audio
1183	1183	recording of the meeting. The recording shall be made available to
1184	1184	the public.
1185	1185	(j) [(h) The location specified under Subsection (e), and
1186	1186	each remote location from which a member of the governmental body
1187	1187	participates, shall have two-way audio and video communication with
1188	1188	each other location during the entire meeting.] The face of each
1189	1189	participant in the videoconference call who is participating in the
1190	1190	call using video communication, while that participant is speaking,
1191	1191	shall be clearly visible, and the voice audible, to each other
1192	1192	participant and, during the open portion of the meeting, to the
1193	1193	members of the public, including [in attendance at the physical
1194	1194	location described by Subsection (e) and] at any [other] location
1195	1195	described by Subsection (f)(2) [of the meeting that is open to the
1196	1196	public].
1197	1197	(k) A participant in the videoconference call using solely
1198	1198	audio communication:
1199	1199	(1) shall, while the participant is speaking, be
1200	1200	clearly audible to each other participant and, during the open
1201	1201	portion of the meeting, to the members of the public, including at
1202	1202	any location described by Subsection (f)(2); and
1203	1203	(2) must be clearly identified before speaking.
1204	1204	(l) [(i)] The Department of Information Resources by rule
1205	1205	shall specify minimum technical quality standards for [audio and
1206	1206	video signals at] a meeting held by videoconference call. [The
1207	1207	quality of the audio and video signals perceptible at each location
1208	1208	of the meeting must meet or exceed those standards.]
1209	1209	(m) [(j)] The audio and video signals perceptible by
1210	1210	members of the public using the access information described under
1211	1211	Subsection (f) [at each location of the meeting described by
1212	1212	Subsection (h)] must be of sufficient quality so that members of the
1213	1213	public [at each location] can observe the demeanor or [and] hear the
1214	1214	voice, as applicable, of each participant in the open portion of the
1215	1215	meeting.
1216	1216	(n) [(k)] Without regard to whether a member of the
1217	1217	governmental body is participating in a meeting from a remote
1218	1218	location by videoconference call, a governmental body may allow a
1219	1219	member of the public to testify at a meeting from a remote location
1220	1220	by videoconference call.
1221	1221	(o) A governmental body that is holding a meeting by
1222	1222	videoconference call where public testimony is taken shall allow a
1223	1223	member of the public to testify from a remote location using video
1224	1224	or audio communication.
1225	1225	(p) If the governmental body prepares an agenda packet that
1226	1226	would have been distributed to members of the public at a
1227	1227	face-to-face meeting, the governmental body shall make the packet
1228	1228	available electronically so that members of the public observing
1229	1229	remotely can follow along with the meeting.
1230	1230	SECTION 4.03. Section 551.131(d), Government Code, is
1231	1231	amended to read as follows:
1232	1232	(d) A meeting held by telephone conference call must
1233	1233	otherwise comply with the procedures under Sections 551.125(c),
1234	1234	(d), [(e), and] (f), and (g).
1235	1235	ARTICLE 5. HEALTH AND SAFETY CODE
1236	1236	SECTION 5.01. Section 81.406(b), Health and Safety Code, is
1237	1237	amended to read as follows:
1238	1238	(b) The task force may meet telephonically in accordance
1239	1239	with Section 551.125 [551.125(b)(3)], Government Code.
1240	1240	SECTION 5.02. Section 117.056(b), Health and Safety Code,
1241	1241	is amended to read as follows:
1242	1242	(b) To ensure appropriate representation from all areas of
1243	1243	this state, the committee may meet by videoconference or telephone
1244	1244	conference call. A meeting held by videoconference or telephone
1245	1245	conference call under this subsection must comply with the
1246	1246	requirements applicable to a telephone conference call under
1247	1247	Sections 551.125(c), (d), [(e), and] (f), and (g), Government Code.
1248	1248	Sections 551.125(b) and 551.127, Government Code, do not apply to
1249	1249	the committee.
1250	1250	SECTION 5.03. Section 166.011, Health and Safety Code, is
1251	1251	amended by adding Subsection (d) to read as follows:
1252	1252	(d) Notwithstanding any conflicting provision of this
1253	1253	chapter, an advance directive in which the declarant, witnesses,
1254	1254	and notary public each sign the directive or a written revocation of
1255	1255	the directive using an electronic signature that complies with the
1256	1256	requirements of this section may be acknowledged before an online
1257	1257	notary public using two-way video and audio conference technology
1258	1258	as provided by Subchapter C, Chapter 406, Government Code.
1259	1259	SECTION 5.04. Section 251.011, Health and Safety Code, is
1260	1260	amended to read as follows:
1261	1261	Sec. 251.011. LICENSE REQUIRED. Except as provided by
1262	1262	Sections [Section] 251.012 and 251.0125, a person may not operate
1263	1263	an end stage renal disease facility without a license issued under
1264	1264	this chapter.
1265	1265	SECTION 5.05. Subchapter B, Chapter 251, Health and Safety
1266	1266	Code, is amended by adding Section 251.0125 to read as follows:
1267	1267	Sec. 251.0125. ADDITIONAL EXEMPTIONS FROM LICENSING
1268	1268	REQUIREMENT FOR CERTAIN OFF-SITE FACILITIES. An end stage renal
1269	1269	disease facility licensed under this chapter may operate and
1270	1270	provide outpatient end stage renal disease services to a patient at
1271	1271	an off-site facility without obtaining a separate license for the
1272	1272	off-site facility if the off-site facility is:
1273	1273	(1) a mobile medical unit;
1274	1274	(2) a physician's office;
1275	1275	(3) an end stage renal disease facility that was
1276	1276	licensed under this chapter and closed within the 36 months
1277	1277	preceding the operation of or provision of services to a patient at
1278	1278	the off-site facility;
1279	1279	(4) an ambulatory surgical center that was licensed
1280	1280	under Chapter 243 and closed within the 36 months preceding the
1281	1281	operation of or provision of services to a patient at the off-site
1282	1282	facility; or
1283	1283	(5) a freestanding emergency medical care facility
1284	1284	that was licensed under Chapter 254 and closed within the 36 months
1285	1285	preceding the operation of or provision of services to a patient at
1286	1286	the off-site facility.
1287	1287	SECTION 5.06. Chapter 437, Health and Safety Code, is
1288	1288	amended by adding Section 437.026 to read as follows:
1289	1289	Sec. 437.026. SALE OF CERTAIN FOOD BY FOOD SERVICE
1290	1290	ESTABLISHMENT. (a) Except as provided by Subsection (b), a food
1291	1291	service establishment that holds a permit under this chapter may
1292	1292	sell directly to an individual consumer food, other than prepared
1293	1293	food, that:
1294	1294	(1) is in its original condition or original packaging
1295	1295	as received by the establishment;
1296	1296	(2) is labeled, which may include a handwritten label,
1297	1297	with the name and source of the food and the date the food is sold;
1298	1298	(3) for meat or poultry, bears an official mark of
1299	1299	inspection from the department or the United States Department of
1300	1300	Agriculture;
1301	1301	(4) for a meat product or poultry product, is obtained
1302	1302	from a source that is appropriately inspected and bears an official
1303	1303	mark of inspection described by Subdivision (3);
1304	1304	(5) for a time and temperature control for safety food
1305	1305	as defined by Section 437.0196, does not exceed the shelf life
1306	1306	displayed on the food's packaging; and
1307	1307	(6) for food requiring refrigeration other than
1308	1308	produce, is:
1309	1309	(A) maintained at or below 41 degrees Fahrenheit
1310	1310	until the establishment sells or donates the food; and
1311	1311	(B) protected from contamination.
1312	1312	(b) A food service establishment described by Subsection
1313	1313	(a) may not sell directly to an individual consumer food that is:
1314	1314	(1) in a package exhibiting damage or that is not
1315	1315	labeled with the manufacturer's original labeling; or
1316	1316	(2) distressed because the food:
1317	1317	(A) has been subjected to fire, flooding,
1318	1318	excessive heat, smoke, radiation, or another environmental
1319	1319	contamination;
1320	1320	(B) is not held at the correct temperature for
1321	1321	the food type; or
1322	1322	(C) is stored for a prolonged period.
1323	1323	SECTION 5.07. Section 773.050, Health and Safety Code, is
1324	1324	amended by adding Subsection (e-1) to read as follows:
1325	1325	(e-1) In adopting minimum standards under Subsection (e),
1326	1326	the executive commissioner shall, during a state of disaster
1327	1327	declared under Chapter 418, Government Code, provide to a first
1328	1328	responder organization a grace period of not more than 30 days from
1329	1329	the date the organization's license expires for submission of
1330	1330	application materials and other information necessary to renew the
1331	1331	license.
1332	1332	SECTION 5.08. Subchapter C, Chapter 773, Health and Safety
1333	1333	Code, is amended by adding Sections 773.0552 and 773.0553 to read as
1334	1334	follows:
1335	1335	Sec. 773.0552. PROVISION OF EMERGENCY MEDICAL SERVICES BY
1336	1336	CERTAIN QUALIFIED PERSONS DURING DECLARED DISASTER. A medical
1337	1337	director of an emergency medical services system may, during a
1338	1338	state of disaster declared under Chapter 418, Government Code,
1339	1339	authorize an individual who is not certified as any type of
1340	1340	emergency medical services personnel but is otherwise qualified to
1341	1341	provide emergency medical services to provide those services to
1342	1342	patients treated or transported by an emergency medical services
1343	1343	provider for the system.
1344	1344	Sec. 773.0553. TEMPORARY WAIVER OF SKILLS PROFICIENCY
1345	1345	TESTING REQUIREMENTS FOR CERTAIN EMERGENCY MEDICAL SERVICES
1346	1346	PERSONNEL. (a) The executive commissioner by rule shall authorize
1347	1347	emergency medical services personnel and out-of-state advanced
1348	1348	emergency medical technicians seeking reciprocity in this state to
1349	1349	temporarily waive skills proficiency testing requirements if the
1350	1350	personnel or technicians are unable to satisfy the testing
1351	1351	requirements for a reason determined appropriate by the executive
1352	1352	commissioner, including due to a state of disaster declared under
1353	1353	Chapter 418, Government Code.
1354	1354	(b) Emergency medical services personnel and out-of-state
1355	1355	advanced emergency medical technicians who waive skills
1356	1356	proficiency testing requirements under Subsection (a) must satisfy
1357	1357	those testing requirements not later than six months from the date
1358	1358	the testing requirements are waived.
1359	1359	SECTION 5.09. As soon as practicable after the effective
1360	1360	date of this Act, the executive commissioner of the Health and Human
1361	1361	Services Commission shall adopt rules to implement Section 437.026,
1362	1362	Health and Safety Code, as added by this Act.
1363	1363	SECTION 5.10. Section 437.026, Health and Safety Code, as
1364	1364	added by this Act, applies only to the sale of food by a food service
1365	1365	establishment that occurs on or after the effective date of this
1366	1366	Act. The sale of food by a food service establishment that occurs
1367	1367	before the effective date of this Act is governed by the law in
1368	1368	effect on the date the sale occurred, and the former law is
1369	1369	continued in effect for that purpose.
1370	1370	ARTICLE 6. OCCUPATIONS CODE
1371	1371	SECTION 6.01. Subchapter H, Chapter 51, Occupations Code,
1372	1372	is amended by adding Section 51.40101 to read as follows:
1373	1373	Sec. 51.40101. TEMPORARY EXTENSION OF LICENSE RENEWAL
1374	1374	PERIOD AND WAIVER OF LICENSE RENEWAL LATE FEES DURING DISASTER
1375	1375	DECLARATION. (a) In this section, "disaster declaration" means a
1376	1376	declaration by the governor of a state of disaster under Section
1377	1377	418.014, Government Code.
1378	1378	(b) Notwithstanding Section 51.401 or any other law, the
1379	1379	department:
1380	1380	(1) shall extend the period for renewing a license
1381	1381	that expires while a disaster declaration is in effect provided the
1382	1382	holder of the license files a renewal application and pays the
1383	1383	required renewal fee in accordance with commission rules governing
1384	1384	disaster renewals; and
1385	1385	(2) may not charge a late fee for a license renewal
1386	1386	described by Subdivision (1).
1387	1387	SECTION 6.02. Subtitle A, Title 3, Occupations Code, is
1388	1388	amended by adding Chapter 117 to read as follows:
1389	1389	CHAPTER 117. TEMPORARY LICENSE OR CERTIFICATE FOR CERTAIN HEALTH
1390	1390	PROFESSIONS DURING DISASTER
1391	1391	Sec. 117.001. DEFINITION. In this chapter, "disaster
1392	1392	declaration" means a declaration by the governor of a state of
1393	1393	disaster under Section 418.014, Government Code.
1394	1394	Sec. 117.002. APPLICABILITY. This chapter applies only to
1395	1395	an applicant for a license or certificate as a:
1396	1396	(1) medical physicist;
1397	1397	(2) perfusionist;
1398	1398	(3) physician assistant; or
1399	1399	(4) respiratory care practitioner.
1400	1400	Sec. 117.003. TEMPORARY LICENSE OR CERTIFICATE
1401	1401	REQUIREMENTS. While a disaster declaration is in effect, the
1402	1402	appropriate licensing authority may issue a temporary license or
1403	1403	certificate to an applicant to whom this chapter applies if the
1404	1404	applicant:
1405	1405	(1) currently has an active, pending application for
1406	1406	the applicable license or certificate on file with the applicable
1407	1407	licensing authority;
1408	1408	(2) meets all the qualifications for the license or
1409	1409	certificate except the applicant has not passed the final
1410	1410	examination required for the license or certificate;
1411	1411	(3) has obtained a sponsoring physician licensed in
1412	1412	this state; and
1413	1413	(4) submits an application for the temporary license
1414	1414	or certificate in the form prescribed by the licensing authority.
1415	1415	Sec. 117.004. CRIMINAL BACKGROUND CHECK. (a) A licensing
1416	1416	authority shall conduct a criminal background check of an applicant
1417	1417	for a temporary license or certificate under this chapter.
1418	1418	(b) The licensing authority may use a name-based background
1419	1419	check instead of a fingerprint-based check only if a
1420	1420	fingerprint-based check is unavailable due to the disaster for
1421	1421	which the disaster declaration is issued.
1422	1422	Sec. 117.005. SUPERVISION REQUIRED FOR PRACTICE.
1423	1423	Notwithstanding any other law, a person who holds a temporary
1424	1424	license or certificate issued under this chapter may practice as a
1425	1425	medical physicist, perfusionist, physician assistant, or
1426	1426	respiratory care practitioner, as applicable, only under the
1427	1427	supervision of a physician licensed in this state.
1428	1428	Sec. 117.006. EXPIRATION OF TEMPORARY LICENSE OR
1429	1429	CERTIFICATE. A temporary license or certificate issued under this
1430	1430	chapter expires on the earlier of:
1431	1431	(1) the date the disaster declaration expires; or
1432	1432	(2) the date the appropriate licensing authority
1433	1433	terminates a person's temporary license or certificate.
1434	1434	SECTION 6.03. Section 155.105(b), Occupations Code, is
1435	1435	amended to read as follows:
1436	1436	(b) A physician-in-training permit does not authorize the
1437	1437	performance of a medical act by the permit holder unless the act is
1438	1438	performed[:
1439	1439	[(1) as a part of the graduate medical education
1440	1440	training program; and
1441	1441	[(2)] under the supervision of a physician.
1442	1442	SECTION 6.04. Section 157.0512, Occupations Code, is
1443	1443	amended by adding Subsection (q) to read as follows:
1444	1444	(q) Notwithstanding any other law, a prescriptive authority
1445	1445	agreement between a physician and an advanced practice registered
1446	1446	nurse or physician assistant may be entered into orally.
1447	1447	SECTION 6.05. Section 301.157, Occupations Code, is amended
1448	1448	by adding Subsection (d-13) to read as follows:
1449	1449	(d-13) The board may allow a student in the final year of a
1450	1450	nursing education program to satisfy the clinical practice
1451	1451	requirements of a course of study through any amount of simulation
1452	1452	activities if a state of disaster prevents the student from
1453	1453	completing the requirements through direct patient care.
1454	1454	SECTION 6.06. Section 301.258, Occupations Code, is amended
1455	1455	by adding Subsection (e-1) to read as follows:
1456	1456	(e-1) The board may extend the expiration date of a permit
1457	1457	issued under this section by not more than six months as necessary
1458	1458	to mitigate a nursing workforce shortage caused by a state of
1459	1459	disaster.
1460	1460	SECTION 6.07. Subchapter F, Chapter 301, Occupations Code,
1461	1461	is amended by adding Section 301.2581 to read as follows:
1462	1462	Sec. 301.2581. TEMPORARY ADVANCED PRACTICE REGISTERED
1463	1463	NURSE LICENSE. (a) The board shall issue a license to practice as
1464	1464	an advanced practice registered nurse to an applicant pending the
1465	1465	results of a national certification examination if the applicant
1466	1466	meets all other requirements for obtaining the license.
1467	1467	(b) The board may not issue a license under this section to
1468	1468	an applicant who previously failed an advanced practice registered
1469	1469	nurse national certification examination.
1470	1470	(c) A license issued under Subsection (a) expires on the
1471	1471	earlier of the date of receipt of:
1472	1472	(1) a permanent license; or
1473	1473	(2) notice from the board that the license holder has
1474	1474	failed the examination.
1475	1475	(d) A person who holds a temporary license issued under this
1476	1476	section is considered to be an advanced practice registered nurse
1477	1477	for all purposes, except that the person does not have prescribing
1478	1478	and ordering authority as provided by Subchapter B, Chapter 157.
1479	1479	(e) The board may extend the expiration date of a license
1480	1480	issued under this section by not more than six months as necessary
1481	1481	to mitigate an advanced practice registered nurse workforce
1482	1482	shortage caused by a state of disaster.
1483	1483	SECTION 6.08. Section 301.261, Occupations Code, is amended
1484	1484	by adding Subsections (d-1), (d-2), and (d-3) to read as follows:
1485	1485	(d-1) The board may waive a requirement that a person pay a
1486	1486	fee or complete a continuing education program to remove the
1487	1487	person's license from inactive status as necessary to mitigate a
1488	1488	nursing workforce shortage caused by a state of disaster.
1489	1489	(d-2) Except as provided by Subsection (d-3), the board may,
1490	1490	as necessary to mitigate an advanced practice registered nurse
1491	1491	workforce shortage caused by a state of disaster, waive a
1492	1492	requirement that a person:
1493	1493	(1) whose license to practice as an advanced practice
1494	1494	registered nurse has been inactive for at least two years but not
1495	1495	more than four years pay a reactivation fee, complete continuing
1496	1496	competency and current practice requirements, or meet the
1497	1497	requirements for renewing the person's prescriptive authority to
1498	1498	remove the person's license from inactive status; or
1499	1499	(2) whose license to practice as an advanced practice
1500	1500	registered nurse has been inactive for at least four years pay a
1501	1501	reactivation fee or complete continuing competency requirements to
1502	1502	remove the person's license from inactive status.
1503	1503	(d-3) Subsection (d-2) does not apply to a person:
1504	1504	(1) whose license was suspended, revoked,
1505	1505	surrendered, or otherwise placed on inactive status based on the
1506	1506	terms of a prior disciplinary order; or
1507	1507	(2) who is currently under disciplinary monitoring or
1508	1508	investigation.
1509	1509	SECTION 6.09. Section 301.301, Occupations Code, is amended
1510	1510	by adding Subsection (b-1) to read as follows:
1511	1511	(b-1) The board may extend the expiration date of a license
1512	1512	issued under this chapter, including the deadline to comply with
1513	1513	any renewal requirement, by not more than six months as necessary to
1514	1514	mitigate a nursing workforce shortage caused by a state of
1515	1515	disaster.
1516	1516	SECTION 6.10. Section 401.2022, Occupations Code, is
1517	1517	amended by adding Subsection (c) to read as follows:
1518	1518	(c) Notwithstanding any other law, in adopting a rule under
1519	1519	this section, the commission:
1520	1520	(1) shall authorize:
1521	1521	(A) a license holder, including a licensed intern
1522	1522	or licensed assistant, to provide services by telepractice through
1523	1523	the use of any interactive audiovisual communication system,
1524	1524	whether real-time or two-way, including a smart phone; and
1525	1525	(B) any supervision requirement for an applicant
1526	1526	under this chapter to be fulfilled wholly or partly by use of
1527	1527	telecommunications technology; and
1528	1528	(2) may not:
1529	1529	(A) require a license holder's initial
1530	1530	professional contact with a client to be in-person; or
1531	1531	(B) impose any limitation on a license holder's
1532	1532	selection of a facilitator to assist the license holder in
1533	1533	providing services by telepractice.
1534	1534	SECTION 6.11. Section 402.1023, Occupations Code, is
1535	1535	amended by adding Subsection (c) to read as follows:
1536	1536	(c) Notwithstanding any other law, in adopting a rule under
1537	1537	this section, the commission:
1538	1538	(1) shall authorize a license holder to provide
1539	1539	services by telepractice through the use of any interactive
1540	1540	audiovisual communication system, whether real-time or two-way,
1541	1541	including a smart phone; and
1542	1542	(2) may not:
1543	1543	(A) require a license holder's initial
1544	1544	professional contact with a client to be in-person; or
1545	1545	(B) impose any limitation on a license holder's
1546	1546	selection of a facilitator to assist the license holder in
1547	1547	providing services by telepractice.
1548	1548	SECTION 6.12. Section 402.255(a), Occupations Code, is
1549	1549	amended to read as follows:
1550	1550	(a) A supervisor of a temporary training permit holder must:
1551	1551	(1) be licensed to fit and dispense hearing
1552	1552	instruments under this chapter or Chapter 401, other than Section
1553	1553	401.311 or 401.312; and
1554	1554	(2) [currently practice in an established place of
1555	1555	business; and
1556	1556	[(3)] be responsible for the direct supervision and
1557	1557	education of a temporary training permit holder.
1558	1558	SECTION 6.13. Section 403.151, Occupations Code, is amended
1559	1559	by adding Subsection (a-1) to read as follows:
1560	1560	(a-1) Notwithstanding Subsection (a), a licensed dyslexia
1561	1561	practitioner may practice outside of an educational setting to the
1562	1562	extent necessary to provide a service that would otherwise be
1563	1563	provided in an educational setting that is not reasonably
1564	1564	accessible to the licensed dyslexia practitioner or client.
1565	1565	SECTION 6.14. Subchapter D, Chapter 403, Occupations Code,
1566	1566	is amended by adding Section 403.153 to read as follows:
1567	1567	Sec. 403.153. USE OF TELECOMMUNICATIONS TECHNOLOGY.
1568	1568	Notwithstanding any other law, a license holder may provide a
1569	1569	service solely through the use of an interactive audiovisual
1570	1570	communication system, whether real-time or two-way, including a
1571	1571	smart phone.
1572	1572	SECTION 6.15. Section 506.003, Occupations Code, is amended
1573	1573	by adding Subsection (c-1) to read as follows:
1574	1574	(c-1) Notwithstanding Subsection (c)(1), applied behavior
1575	1575	analysis interventions may be based on observation and measurement
1576	1576	of behavior and environment through the use of telecommunications
1577	1577	technology if approved by the certifying entity.
1578	1578	SECTION 6.16. Section 506.055, Occupations Code, is amended
1579	1579	to read as follows:
1580	1580	Sec. 506.055. STUDENTS, INTERNS, AND FELLOWS. (a) This
1581	1581	chapter does not apply to an applied behavior analysis activity or
1582	1582	service of a college or university student, intern, or fellow if:
1583	1583	(1) the activity or service is part of a defined
1584	1584	behavior analysis program of study, course, practicum, internship,
1585	1585	or postdoctoral fellowship;
1586	1586	(2) the activity or service is directly supervised by
1587	1587	a licensed behavior analyst or an instructor in a course sequence
1588	1588	approved by the certifying entity; and
1589	1589	(3) the person is designated as a "student," "intern,"
1590	1590	"fellow," or "trainee."
1591	1591	(b) Notwithstanding Subsection (a)(2), a licensed behavior
1592	1592	analyst or an instructor may supervise a behavior analysis activity
1593	1593	or service through the use of telecommunications technology if
1594	1594	approved by the applicable college or university and the certifying
1595	1595	entity.
1596	1596	SECTION 6.17. Section 554.005, Occupations Code, is amended
1597	1597	by adding Subsection (d) to read as follows:
1598	1598	(d) In implementing Subsection (a)(3)(C)(iv), the board by
1599	1599	rule shall authorize a pharmacist to provide any required patient
1600	1600	counseling by telephone.
1601	1601	SECTION 6.18. (a) The Texas Commission of Licensing and
1602	1602	Regulation shall adopt rules under Section 51.40101, Occupations
1603	1603	Code, as added by this Act, not later than January 1, 2022.
1604	1604	(b) Section 51.40101, Occupations Code, as added by this
1605	1605	Act, applies to the renewal of a license or other authorization
1606	1606	issued by the Texas Department of Licensing and Regulation that
1607	1607	expires on or after January 1, 2022. A license or other
1608	1608	authorization that expires before that date is governed by the law
1609	1609	in effect on the date the license or other authorization expired,
1610	1610	and the former law is continued in effect for that purpose.
1611	1611	SECTION 6.19. Section 155.105(b), Occupations Code, as
1612	1612	amended by this Act, applies only to conduct that occurs on or after
1613	1613	the effective date of this Act. Conduct that occurs before the
1614	1614	effective date of this Act is governed by the law in effect on the
1615	1615	date the conduct occurred, and the former law is continued in effect
1616	1616	for that purpose.
1617	1617	SECTION 6.20. The changes in law made by this Act to
1618	1618	Chapters 401, 402, 403, and 506, Occupations Code, apply only to
1619	1619	conduct that occurs on or after the effective date of this Act.
1620	1620	Conduct that occurs before the effective date of this Act is
1621	1621	governed by the law in effect on the date the conduct occurred, and
1622	1622	the former law is continued in effect for that purpose.
1623	1623	ARTICLE 7. TRANSPORTATION CODE
1624	1624	SECTION 7.01. Section 370.262(a), Transportation Code, is
1625	1625	amended to read as follows:
1626	1626	(a) Chapter 551, Government Code, does not prohibit any open
1627	1627	or closed meeting of the board, a committee of the board, or the
1628	1628	staff, or any combination of the board or staff, from being held by
1629	1629	telephone conference call. The board may hold an open or closed
1630	1630	meeting by telephone conference call subject to the requirements of
1631	1631	Sections 551.125(c), (d), (f), and (g) [551.125(c)-(f)],
1632	1632	Government Code, but is not subject to the requirements of
1633	1633	Subsection (b) of that section.
1634	1634	ARTICLE 8. CONFLICTING ACTS; EFFECTIVE DATE
1635	1635	SECTION 8.01. To the extent of any conflict, this Act
1636	1636	prevails over another Act of the 87th Legislature, Regular Session,
1637	1637	2021, relating to nonsubstantive additions to and corrections in
1638	1638	enacted codes.
1639	1639	SECTION 8.02. This Act takes effect immediately if it
1640	1640	receives a vote of two-thirds of all the members elected to each
1641	1641	house, as provided by Section 39, Article III, Texas Constitution.
1642	1642	If this Act does not receive the vote necessary for immediate
1643	1643	effect, this Act takes effect September 1, 2021.