H.B. No. 3607
AN ACT
relating to nonsubstantive additions to, revisions of, and
corrections in enacted codes, to the nonsubstantive codification or
disposition of various laws omitted from enacted codes, and to
conforming codifications enacted by the 86th Legislature to other
Acts of that legislature.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. GENERAL PROVISIONS
SECTION 1.001. This Act is enacted as part of the state's
continuing statutory revision program under Chapter 323,
Government Code. This Act is a revision for purposes of Section 43,
Article III, Texas Constitution, and has the purposes of:
(1) codifying without substantive change or providing
for other appropriate disposition of various statutes that were
omitted from enacted codes;
(2) conforming codifications enacted by the 86th
Legislature to other Acts of that legislature that amended the laws
codified or added new law to subject matter codified;
(3) revising without substantive change provisions in
enacted codes;
(4) making necessary corrections to enacted codes; and
(5) renumbering or otherwise redesignating titles,
chapters, and sections of codes that duplicate title, chapter, or
section designations.
SECTION 1.002. (a) The repeal of a statute by this Act does
not affect an amendment, revision, or reenactment of the statute by
the 87th Legislature, Regular Session, 2021. The amendment,
revision, or reenactment is preserved and given effect as part of
the code provision that revised the statute so amended, revised, or
reenacted.
(b) If any provision of this Act conflicts with a statute
enacted by the 87th Legislature, Regular Session, 2021, the statute
controls.
SECTION 1.003. (a) A transition or saving provision of a
law codified by this Act applies to the codified law to the same
extent as it applied to the original law.
(b) The repeal of a transition or saving provision by this
Act does not affect the application of the provision to the codified
law.
(c) In this section, "transition provision" includes any
temporary provision providing for a special situation in the
transition period between the existing law and the establishment or
implementation of the new law.
SECTION 1.004. (a) The repeal of a law, including a
validating law, by this Act does not remove, void, or otherwise
affect in any manner a validation under the repealed law. The
validation is preserved and continues to have the same effect that
it would have if the law were not repealed.
(b) Subsection (a) of this section does not diminish the
saving provisions prescribed by Section 311.031, Government Code.
ARTICLE 2. CHANGES RELATING TO ALCOHOLIC BEVERAGE CODE
SECTION 2.001. (a) Section 48.01, Alcoholic Beverage Code,
as amended by Chapters 230 (H.B. 2196) and 1359 (H.B. 1545), Acts of
the 86th Legislature, Regular Session, 2019, is reenacted to read
as follows:
Sec. 48.01. AUTHORIZED ACTIVITIES. A passenger
transportation permit authorizes the permit holder to sell or serve
the types of alcoholic beverages specifically authorized by this
chapter.
(b) Section 48.04, Alcoholic Beverage Code, as effective
September 1, 2021, is amended to conform to Chapter 230 (H.B. 2196),
Acts of the 86th Legislature, Regular Session, 2019, by adding
Subsection (e) to read as follows:
(e) This subsection applies only to a passenger train
operated by or on behalf of the Texas State Railroad Authority. An
alcoholic beverage purchased by a consumer on a passenger train for
present consumption may be removed from the train for consumption
on property that is part of a public entertainment facility owned or
leased by the Texas State Railroad Authority. An alcoholic
beverage in an open container purchased by a consumer on property
that is part of a public entertainment facility owned or leased by
the Texas State Railroad Authority may be consumed on a passenger
train.
(c) Section 108.82(b), Alcoholic Beverage Code, as amended
by Chapter 230 (H.B. 2196), Acts of the 86th Legislature, Regular
Session, 2019, is amended to read as follows:
(b) Notwithstanding Section 28.10, the concessionaire for a
public entertainment facility described by Subsection (a) may allow
a patron who possesses an alcoholic beverage to enter or leave a
licensed or permitted premises within the facility if the alcoholic
beverage:
(1) is in an open container, as defined by Section
49.031, Penal Code;
(2) appears to be possessed for present consumption;
(3) except as provided by Section 48.04(e) [48.01(b)],
remains within the confines of the facility, excluding a parking
lot; and
(4) was purchased legally at a licensed or permitted
premises within the facility.
SECTION 2.002. Subsection (h), Section 74.01, Alcoholic
Beverage Code, as added by Chapter 434 (S.B. 1232), Acts of the 86th
Legislature, Regular Session, 2019, is redesignated as Subsection
(f), Section 74.01, Alcoholic Beverage Code, and amended to conform
to Chapter 1359 (H.B. 1545), Acts of the 86th Legislature, Regular
Session, 2019, to read as follows:
(f) [(h)] This section does not authorize the holder of a
brewpub license who also holds a wine and malt beverage [beer]
retailer's permit to deliver alcoholic beverages directly to
ultimate consumers for off-premise consumption at a location other
than the licensed premises.
ARTICLE 3. CHANGES RELATING TO CIVIL PRACTICE AND REMEDIES CODE
SECTION 3.001. Section 27.010(a), Civil Practice and
Remedies Code, is amended to conform to Chapter 469 (H.B. 4173),
Acts of the 86th Legislature, Regular Session, 2019, to read as
follows:
(a) This chapter does not apply to:
(1) an enforcement action that is brought in the name
of this state or a political subdivision of this state by the
attorney general, a district attorney, a criminal district
attorney, or a county attorney;
(2) a legal action brought against a person primarily
engaged in the business of selling or leasing goods or services, if
the statement or conduct arises out of the sale or lease of goods,
services, or an insurance product, insurance services, or a
commercial transaction in which the intended audience is an actual
or potential buyer or customer;
(3) a legal action seeking recovery for bodily injury,
wrongful death, or survival or to statements made regarding that
legal action;
(4) a legal action brought under the Insurance Code or
arising out of an insurance contract;
(5) a legal action arising from an officer-director,
employee-employer, or independent contractor relationship that:
(A) seeks recovery for misappropriation of trade
secrets or corporate opportunities; or
(B) seeks to enforce a non-disparagement
agreement or a covenant not to compete;
(6) a legal action filed under Title 1, 2, 4, or 5,
Family Code, or an application for a protective order under
Subchapter A, Chapter 7B [7A], Code of Criminal Procedure;
(7) a legal action brought under Chapter 17, Business &
Commerce Code, other than an action governed by Section 17.49(a)
of that chapter;
(8) a legal action in which a moving party raises a
defense pursuant to Section 160.010, Occupations Code, Section
161.033, Health and Safety Code, or the Health Care Quality
Improvement Act of 1986 (42 U.S.C. 11101 et seq.);
(9) an eviction suit brought under Chapter 24,
Property Code;
(10) a disciplinary action or disciplinary proceeding
brought under Chapter 81, Government Code, or the Texas Rules of
Disciplinary Procedure;
(11) a legal action brought under Chapter 554,
Government Code; or
(12) a legal action based on a common law fraud claim.
SECTION 3.002. Section 144.010, Civil Practice and Remedies
Code, is repealed as executed.
ARTICLE 4. CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE
SECTION 4.001. Article 2.26(c), Code of Criminal Procedure,
is amended to correct a reference to read as follows:
(c) This section does not preclude any symbol from being
valid as a signature under other applicable law, including Section
1.201(b)(37) [1.201(39)], Business & Commerce Code.
SECTION 4.002. (a) The heading to Subchapter A, Chapter 7B,
Code of Criminal Procedure, is amended to conform to Chapter 955
(S.B. 194), Acts of the 86th Legislature, Regular Session, 2019, to
read as follows:
SUBCHAPTER A. PROTECTIVE ORDER FOR VICTIMS OF SEXUAL ASSAULT OR
ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING
(b) Article 7B.001, Code of Criminal Procedure, is amended
to conform to Chapters 955 (S.B. 194) and 1066 (H.B. 1343), Acts of
the 86th Legislature, Regular Session, 2019, by amending Subsection
(a) and adding Subsections (a-1) and (a-2) to read as follows:
(a) The following persons may file an application for a
protective order under this subchapter without regard to the
relationship between the applicant and the alleged offender:
(1) a person who is the victim of an offense under
Section 21.02, 21.11, 22.011, 22.012, 22.021, or 42.072, Penal
Code;
(2) a person who is the victim of an offense under
Section 20A.02, 20A.03, or 43.05, Penal Code;
(3) a parent or guardian acting on behalf of a person
younger than 17 years of age who is the victim of an offense listed
in Subdivision (1);
(4) a parent or guardian acting on behalf of a person
younger than 18 years of age who is the victim of an offense listed
in Subdivision (2); or
(5) a prosecuting attorney acting on behalf of a
person described by Subdivision (1), (2), (3), or (4).
(a-1) Except as provided by Subsection (a-2), if an
application has not yet been filed in the case under Subsection (a),
the attorney representing the state shall promptly file an
application for a protective order with respect to each victim of an
offense listed in Subdivision (1) or (2) of that subsection
following the offender's conviction of or placement on deferred
adjudication community supervision for the offense.
(a-2) The attorney representing the state may not file an
application under Subsection (a-1) with respect to a victim who is
at least 18 years of age if the victim requests that the attorney
representing the state not file the application.
(c) Article 7B.002, Code of Criminal Procedure, is amended
to conform to Chapter 955 (S.B. 194), Acts of the 86th Legislature,
Regular Session, 2019, to read as follows:
Art. 7B.002. TEMPORARY EX PARTE ORDER. If the court finds
from the information contained in an application for a protective
order that there is a clear and present danger of sexual assault or
abuse, indecent assault, stalking, trafficking, or other harm to
the applicant, the court, without further notice to the alleged
offender and without a hearing, may issue a temporary ex parte order
for the protection of the applicant or any other member of the
applicant's family or household.
(d) Article 7B.003, Code of Criminal Procedure, is amended
to conform to Chapters 955 (S.B. 194) and 1066 (H.B. 1343), Acts of
the 86th Legislature, Regular Session, 2019, by amending Subsection
(a) and adding Subsection (c) to read as follows:
(a) At the close of a hearing on an application for a
protective order under this subchapter, the court shall find
whether there are reasonable grounds to believe that the applicant
is the victim of sexual assault or abuse, indecent assault,
stalking, or trafficking.
(c) An offender's conviction of or placement on deferred
adjudication community supervision for an offense listed in Article
7B.001(a)(1) or (2) constitutes reasonable grounds under
Subsection (a).
(e) Article 7B.004, Code of Criminal Procedure, is amended
to conform to Chapter 955 (S.B. 194), Acts of the 86th Legislature,
Regular Session, 2019, to read as follows:
Art. 7B.004. HEARSAY STATEMENT OF CHILD VICTIM. In a
hearing on an application for a protective order under this
subchapter, a statement that is made by a child younger than 14
years of age who is the victim of an offense under Section 21.02,
21.11, 22.011, 22.012, or 22.021, Penal Code, and that describes
the offense committed against the child is admissible as evidence
in the same manner that a child's statement regarding alleged abuse
against the child is admissible under Section 104.006, Family Code,
in a suit affecting the parent-child relationship.
(f) Article 7B.007, Code of Criminal Procedure, is amended
to conform to Chapter 1066 (H.B. 1343), Acts of the 86th
Legislature, Regular Session, 2019, by adding Subsection (a-1) to
read as follows:
(a-1) The court shall issue a protective order effective for
the duration of the lives of the offender and victim if the offender
is:
(1) convicted of or placed on deferred adjudication
community supervision for an offense listed in Article 7B.001(a)(1)
or (2); and
(2) required under Chapter 62 to register for life as a
sex offender.
(g) The following provisions are repealed:
(1) Section 2, Chapter 955 (S.B. 194), Acts of the 86th
Legislature, Regular Session, 2019, which amended the heading to
Chapter 7A, Code of Criminal Procedure;
(2) Section 3, Chapter 955 (S.B. 194), and Section 1,
Chapter 1066 (H.B. 1343), Acts of the 86th Legislature, Regular
Session, 2019, which amended Article 7A.01, Code of Criminal
Procedure;
(3) Section 4, Chapter 955 (S.B. 194), Acts of the 86th
Legislature, Regular Session, 2019, which amended Article 7A.02,
Code of Criminal Procedure;
(4) Section 5, Chapter 955 (S.B. 194), and Section 2,
Chapter 1066 (H.B. 1343), Acts of the 86th Legislature, Regular
Session, 2019, which amended Article 7A.03, Code of Criminal
Procedure;
(5) Section 6, Chapter 955 (S.B. 194), Acts of the 86th
Legislature, Regular Session, 2019, which amended Article 7A.035,
Code of Criminal Procedure; and
(6) Section 3, Chapter 1066 (H.B. 1343), Acts of the
86th Legislature, Regular Session, 2019, which amended Article
7A.07, Code of Criminal Procedure.
SECTION 4.003. Article 16.22(c), Code of Criminal
Procedure, as amended by Chapters 582 (S.B. 362) and 1276 (H.B.
601), Acts of the 86th Legislature, Regular Session, 2019, is
reenacted to read as follows:
(c) After the trial court receives the applicable expert's
written report relating to the defendant under Subsection (b-1) or
elects to use the results of a previous determination as described
by Subsection (a)(2), the trial court may, as applicable:
(1) resume criminal proceedings against the
defendant, including any appropriate proceedings related to the
defendant's release on personal bond under Article 17.032 if the
defendant is being held in custody;
(2) resume or initiate competency proceedings, if
required, as provided by Chapter 46B;
(3) consider the written report during the punishment
phase after a conviction of the offense for which the defendant was
arrested, as part of a presentence investigation report, or in
connection with the impositions of conditions following placement
on community supervision, including deferred adjudication
community supervision;
(4) refer the defendant to an appropriate specialty
court established or operated under Subtitle K, Title 2, Government
Code; or
(5) if the offense charged does not involve an act,
attempt, or threat of serious bodily injury to another person,
release the defendant on bail while charges against the defendant
remain pending and enter an order transferring the defendant to the
appropriate court for court-ordered outpatient mental health
services under Chapter 574, Health and Safety Code.
SECTION 4.004. Section 4, Article 42.01, Code of Criminal
Procedure, is amended to correct a typographical error to read as
follows:
Sec. 4. The Office of Court Administration of the Texas
Judicial System shall promulgate a standardized felony judgment
form that conforms to the requirements of Section 1 of this article.
A court entering a felony judgment [judgement] shall use the form
promulgated under this section.
SECTION 4.005. Article 42A.102(b), Code of Criminal
Procedure, as amended by Chapters 1137 (H.B. 2758) and 1298 (H.B.
3582), Acts of the 86th Legislature, Regular Session, 2019, is
reenacted and amended to read as follows:
(b) In all other cases, the judge may grant deferred
adjudication community supervision unless:
(1) the defendant is charged with an offense:
(A) under Section 20A.02, [or] 20A.03, [or]
49.045, 49.05, 49.065, 49.07, or 49.08, Penal Code;
(B) under Section 49.04 or 49.06, Penal Code,
and, at the time of the offense:
(i) the defendant held a commercial
driver's license or a commercial learner's permit; or
(ii) the defendant's alcohol concentration,
as defined by Section 49.01, Penal Code, was 0.15 or more;
(C) for which punishment may be increased under
Section 49.09, Penal Code; or
(D) for which punishment may be increased under
Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
is shown that the defendant has been previously convicted of an
offense for which punishment was increased under any one of those
subsections;
(2) the defendant:
(A) is charged with an offense under Section
21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of
the age of the victim, or a felony described by Article 42A.453(b),
other than a felony described by Subdivision (1)(A) or (3)(B) of
this subsection; and
(B) has previously been placed on community
supervision for an offense under Paragraph (A);
(3) the defendant is charged with an offense under:
(A) Section 21.02, Penal Code; or
(B) Section 22.021, Penal Code, that is
punishable under Subsection (f) of that section or under Section
12.42(c)(3) or (4), Penal Code; or
(4) the defendant is charged with an offense under
Section 19.02, Penal Code, except that the judge may grant deferred
adjudication community supervision on determining that the
defendant did not cause the death of the deceased, did not intend to
kill the deceased or another, and did not anticipate that a human
life would be taken.
SECTION 4.006. Article 42A.408(e-1), Code of Criminal
Procedure, is amended to conform to Chapter 1094 (H.B. 2048), Acts
of the 86th Legislature, Regular Session, 2019, to read as follows:
(e-1) Except as provided by Subsection (e-2), a judge
granting deferred adjudication community supervision to a
defendant for an offense under Section 49.04 or 49.06, Penal Code,
shall require that the defendant as a condition of community
supervision have an ignition interlock device installed on the
motor vehicle owned by the defendant or on the vehicle most
regularly driven by the defendant and that the defendant not
operate any motor vehicle that is not equipped with that device. If
the judge determines that the defendant is unable to pay for the
ignition interlock device, the judge may impose a reasonable
payment schedule, as provided by Subsection (f). If the defendant
provides the court evidence under Section 709.001 [708.158],
Transportation Code, sufficient to establish that the defendant is
indigent for purposes of that section, the judge may enter in the
record a finding that the defendant is indigent and reduce the costs
to the defendant by ordering a waiver of the installation charge for
the ignition interlock device and a 50 percent reduction of the
monthly device monitoring fee. A reduction in costs ordered under
this subsection does not apply to any fees that may be assessed
against the defendant if the ignition interlock device detects
ethyl alcohol on the breath of the person attempting to operate the
motor vehicle.
SECTION 4.007. (a) Article 56A.001, Code of Criminal
Procedure, is amended to conform to Section 1, Chapter 1037 (H.B.
616), Acts of the 86th Legislature, Regular Session, 2019, by
adding Subdivision (6-a) to read as follows:
(6-a) "Sexual assault examiner" and "sexual assault
nurse examiner" have the meanings assigned by Section 420.003,
Government Code.
(b) Section 1, Chapter 1037 (H.B. 616), Acts of the 86th
Legislature, Regular Session, 2019, which amended Article 56.01,
Code of Criminal Procedure, is repealed.
SECTION 4.008. (a) The heading to Article 56A.052, Code of
Criminal Procedure, is amended to conform to Section 8, Chapter 955
(S.B. 194), Acts of the 86th Legislature, Regular Session, 2019, to
read as follows:
Art. 56A.052. ADDITIONAL RIGHTS OF VICTIMS OF SEXUAL
ASSAULT, INDECENT ASSAULT, STALKING, OR TRAFFICKING.
(b) Section 8, Chapter 955 (S.B. 194), Acts of the 86th
Legislature, Regular Session, 2019, which amended the heading to
Article 56.021, Code of Criminal Procedure, is repealed.
SECTION 4.009. (a) Article 56A.052, Code of Criminal
Procedure, is amended to conform to Section 4.02, Chapter 413 (S.B.
20), Section 2, Chapter 529 (S.B. 1801), Section 9, Chapter 955
(S.B. 194), and Section 2, Chapter 1037 (H.B. 616), Acts of the 86th
Legislature, Regular Session, 2019, by amending Subsections (a) and
(d) and adding Subsection (e) to read as follows:
(a) If the offense is a sexual assault, a victim, guardian
of a victim, or close relative of a deceased victim is entitled to
the following rights within the criminal justice system:
(1) if requested, the right to a disclosure of
information regarding:
(A) any evidence that was collected during the
investigation of the offense, unless disclosing the information
would interfere with the investigation or prosecution of the
offense, in which event the victim, guardian, or relative shall be
informed of the estimated date on which that information is
expected to be disclosed; and
(B) the status of any analysis being performed of
any evidence described by Paragraph (A);
(2) if requested, the right to be notified:
(A) at the time a request is submitted to a crime
laboratory to process and analyze any evidence that was collected
during the investigation of the offense;
(B) at the time of the submission of a request to
compare any biological evidence collected during the investigation
of the offense with DNA profiles maintained in a state or federal
DNA database; and
(C) of the results of the comparison described by
Paragraph (B), unless disclosing the results would interfere with
the investigation or prosecution of the offense, in which event the
victim, guardian, or relative shall be informed of the estimated
date on which those results are expected to be disclosed;
(3) if requested, the right to counseling regarding
acquired immune deficiency syndrome (AIDS) and human
immunodeficiency virus (HIV) infection; and
(4) for the victim, the right to:
(A) testing for acquired immune deficiency
syndrome (AIDS), human immunodeficiency virus (HIV) infection,
antibodies to HIV, or infection with any other probable causative
agent of AIDS; and
(B) a forensic medical examination to the extent
provided by Subchapters F and G if, within 120 [96] hours of the
offense:
(i) the offense is reported to a law
enforcement agency; or
(ii) a forensic medical examination is
otherwise conducted at a health care facility.
(d) This subsection applies only to a victim of an offense
under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012,
22.021, 42.072, or 43.05, Penal Code. A victim described by this
subsection or a parent or guardian of the victim is entitled to the
following rights within the criminal justice system:
(1) the right to be informed:
(A) that the victim or the victim's parent or
guardian, as applicable, may file an application for a protective
order under Article 7B.001;
(B) of the court in which the application for a
protective order may be filed; and
(C) that, on request of the victim or of the
victim's parent or guardian, as applicable, and subject to the
Texas Disciplinary Rules of Professional Conduct, the attorney
representing the state may file the application for a protective
order on behalf of the victim;
(2) the right to request that the attorney
representing the state, subject to the Texas Disciplinary Rules of
Professional Conduct, file an application for a protective order
described by Subdivision (1);
(3) if the victim or the victim's parent or guardian,
as applicable, is present when the defendant is convicted or placed
on deferred adjudication community supervision, the right to:
(A) be given by the court the information
described by Subdivision (1); and
(B) file an application for a protective order
under Article 7B.001 immediately following the defendant's
conviction or placement on deferred adjudication community
supervision if the court has jurisdiction over the application; and
(4) if the victim or the victim's parent or guardian,
as applicable, is not present when the defendant is convicted or
placed on deferred adjudication community supervision, the right to
be given by the attorney representing the state the information
described by Subdivision (1).
(e) A victim of an offense under Section 20A.02, 20A.03, or
43.05, Penal Code, is entitled to be informed that the victim may
petition for an order of nondisclosure of criminal history record
information under Section 411.0728, Government Code, if the victim:
(1) has been convicted of or placed on deferred
adjudication community supervision for an offense described by
Subsection (a)(1) of that section; and
(2) committed that offense solely as a victim of an
offense under Section 20A.02, 20A.03, or 43.05, Penal Code.
(b) Section 4.02, Chapter 413 (S.B. 20), Section 2, Chapter
529 (S.B. 1801), Section 9, Chapter 955 (S.B. 194), and Section 2,
Chapter 1037 (H.B. 616), Acts of the 86th Legislature, Regular
Session, 2019, which amended Article 56.021, Code of Criminal
Procedure, are repealed.
SECTION 4.010. (a) Subchapter F, Chapter 56A, Code of
Criminal Procedure, is amended to conform to Section 3, Chapter
1037 (H.B. 616), Acts of the 86th Legislature, Regular Session,
2019, by adding Articles 56A.2505 and 56A.256 to read as follows:
Art. 56A.2505. APPLICABILITY. This subchapter applies to
health care facilities described by Article 56A.302.
Art. 56A.256. RULES. The attorney general shall adopt
rules necessary to implement this subchapter.
(b) Article 56A.251, Code of Criminal Procedure, is amended
to conform to Section 3, Chapter 1037 (H.B. 616), Acts of the 86th
Legislature, Regular Session, 2019, by amending Subsection (a) and
adding Subsection (d) to read as follows:
(a) Except as provided by Subsection (b), if a sexual
assault is reported to a law enforcement agency within 120 [96]
hours after the assault, the law enforcement agency, with the
consent of the victim of the alleged assault, a person authorized to
act on behalf of the victim, or an employee of the Department of
Family and Protective Services, shall request a forensic medical
examination of the victim for use in the investigation or
prosecution of the offense.
(d) If a sexual assault is reported to a law enforcement
agency as provided by Subsection (a) or (c), the law enforcement
agency shall document, in the form and manner required by the
attorney general, whether the agency requested a forensic medical
examination. The law enforcement agency shall:
(1) provide the documentation of the agency's decision
regarding a request for a forensic medical examination to:
(A) the health care facility and the sexual
assault examiner or sexual assault nurse examiner, as applicable,
who provides services to the victim that are related to the sexual
assault; and
(B) the victim or the person who consented to the
forensic medical examination on behalf of the victim; and
(2) maintain the documentation of the agency's
decision in accordance with the agency's record retention policies.
(c) Article 56A.252, Code of Criminal Procedure, is amended
to conform to Sections 3 and 8, Chapter 1037 (H.B. 616), Acts of the
86th Legislature, Regular Session, 2019, to read as follows:
Art. 56A.252. PAYMENT OF COSTS OF EXAMINATION. (a) [A law
enforcement agency that requests a forensic medical examination
under Article 56A.251 shall pay all costs of the examination.] On
application to the attorney general, a health care facility that
provides a forensic medical examination to a sexual assault
survivor in accordance with this subchapter, or the [law
enforcement agency is entitled to be reimbursed for the reasonable
costs of the examination if the examination was performed by a
physician or by a] sexual assault examiner or sexual assault nurse
examiner who conducts that examination, as applicable, is entitled
to be reimbursed in an amount set by attorney general rule for:
(1) the reasonable costs of the forensic portion of
that examination; and
(2) the evidence collection kit [defined by Section
420.003, Government Code].
(b) The application under Subsection (a) must be in the form
and manner prescribed by the attorney general and must include:
(1) the documentation that the law enforcement agency
requested the forensic medical examination, as required under
Article 56A.251(d); and
(2) a complete and itemized bill of the reasonable
costs of the forensic portion of the examination.
(c) A health care facility or a sexual assault examiner or
sexual assault nurse examiner, as applicable, who applies for
reimbursement under Subsection (a) shall accept reimbursement from
the attorney general as payment for the costs unless:
(1) the health care facility or sexual assault
examiner or sexual assault nurse examiner, as applicable:
(A) requests, in writing, additional
reimbursement from the attorney general; and
(B) provides documentation in support of the
additional reimbursement, as reasonably requested by the attorney
general; and
(2) the attorney general determines that there is a
reasonable justification for additional reimbursement.
(d) A health care facility is not entitled to reimbursement
under this article unless the forensic medical examination was
conducted at the facility by a physician, sexual assault examiner,
or sexual assault nurse examiner.
(e) On request, the attorney general may provide training to
a health care facility regarding the process for applying for
reimbursement under this article.
(d) Section 3, Chapter 1037 (H.B. 616), Acts of the 86th
Legislature, Regular Session, 2019, which amended Article 56.06,
Code of Criminal Procedure, is repealed.
SECTION 4.011. Article 56A.301(3), Code of Criminal
Procedure, is repealed to conform to the repeal of Article
56.065(a)(3), Code of Criminal Procedure, by Section 8, Chapter
1037 (H.B. 616), Acts of the 86th Legislature, Regular Session,
2019.
SECTION 4.012. (a) Article 56A.303(a), Code of Criminal
Procedure, is amended to conform to Section 4, Chapter 1037 (H.B.
616), Acts of the 86th Legislature, Regular Session, 2019, to read
as follows:
(a) In accordance with Subchapter B, Chapter 420,
Government Code, and except as provided by Subsection (b), a health
care facility shall conduct a forensic medical examination of a
victim of an alleged sexual assault if:
(1) the victim arrives at the facility within 120 [96]
hours after the assault occurred;
(2) the victim consents to the examination; and
(3) at the time of the examination the victim has not
reported the assault to a law enforcement agency.
(b) Article 56A.304, Code of Criminal Procedure, is amended
to conform to Sections 4 and 8, Chapter 1037 (H.B. 616), Acts of the
86th Legislature, Regular Session, 2019, to read as follows:
Art. 56A.304. PAYMENT OF FEES RELATED TO EXAMINATION. (a)
On application to the [The department shall pay the appropriate
fees, as set by] attorney general [rule], a health care facility
that provides [for the forensic portion of] a forensic medical
examination to a sexual assault survivor in accordance with this
subchapter, or the [conducted under Article 56A.303(a) and for the
evidence collection kit if a physician,] sexual assault examiner
[,] or sexual assault nurse examiner who conducts that [the
forensic portion of the] examination, as applicable, within 120
[96] hours after the alleged sexual assault occurred is entitled to
be reimbursed in an amount set by attorney general rule for:
(1) the reasonable costs of the forensic portion of
that examination; and
(2) the evidence collection kit.
(b) The application under Subsection (a) must be in the form
and manner prescribed by the attorney general and must include:
(1) certification that the examination was conducted
in accordance with the requirements of Article 56A.303(a); and
(2) a complete and itemized bill of the reasonable
costs of the forensic portion of the examination [attorney general
shall reimburse the department for fees paid under Subsection (a)].
(c) A health care facility or a sexual assault examiner or
sexual assault nurse examiner, as applicable, who applies for
reimbursement under Subsection (a) shall accept reimbursement from
the attorney general as payment for the costs unless:
(1) the health care facility or sexual assault
examiner or sexual assault nurse examiner, as applicable:
(A) requests, in writing, additional
reimbursement from the attorney general; and
(B) provides documentation in support of the
additional reimbursement, as reasonably requested by the attorney
general; and
(2) the attorney general determines that there is a
reasonable justification for additional reimbursement.
(d) A health care facility is not entitled to reimbursement
under this article unless the forensic medical examination was
conducted at the facility by a physician, sexual assault examiner,
or sexual assault nurse examiner.
(e) On request, the attorney general may provide training to
a health care facility regarding the process for applying for
reimbursement under this article.
(f) A victim of an alleged sexual assault may not be
required to pay for:
(1) the forensic portion of the forensic medical
examination; or
(2) the evidence collection kit.
(c) Section 4, Chapter 1037 (H.B. 616), Acts of the 86th
Legislature, Regular Session, 2019, which amended Article 56.065,
Code of Criminal Procedure, is repealed.
SECTION 4.013. (a) Article 56A.306, Code of Criminal
Procedure, is amended to conform to Section 4, Chapter 408 (H.B. 8),
Acts of the 86th Legislature, Regular Session, 2019, to read as
follows:
Art. 56A.306. PROCEDURES FOR TRANSFER AND PRESERVATION OF
EVIDENCE. (a) The department, consistent with Chapter 420,
Government Code, shall develop procedures for:
(1) the transfer [and preservation] of evidence
collected under this subchapter to a crime laboratory or other
suitable location designated by the public safety director of the
department;
(2) the preservation of the evidence by the entity
receiving the evidence; and
(3) the notification of the victim of the offense
before a planned destruction of evidence under this article.
(b) Subject to Subsection (c), an [An] entity receiving
[the] evidence described by Subsection (a) shall preserve the
evidence until the earlier of:
(1) the fifth [second] anniversary of the date on
which the evidence was collected; or
(2) the date on which written consent to release the
evidence is obtained as provided by Section 420.0735, Government
Code.
(c) An entity receiving evidence described by Subsection
(a) may destroy the evidence on the expiration of the entity's duty
to preserve the evidence under Subsection (b)(1) only if:
(1) the entity provides written notification to the
victim of the offense, in a trauma-informed manner, of the decision
to destroy the evidence that includes:
(A) detailed instructions on how the victim may
make a written objection to the decision, including contact
information for the entity; or
(B) a standard form for the victim to complete
and return to the entity to make a written objection to the
decision; and
(2) a written objection is not received by the entity
from the victim before the 91st day after the date on which the
entity notifies the victim of the planned destruction of the
evidence.
(d) The entity shall document the entity's attempt to notify
the victim under Subsection (c).
(b) Section 4, Chapter 408 (H.B. 8), Acts of the 86th
Legislature, Regular Session, 2019, which amended Article 56.065,
Code of Criminal Procedure, is repealed.
SECTION 4.014. (a) Article 56B.003(13), Code of Criminal
Procedure, is amended to conform to Section 3.06, Chapter 413 (S.B.
20), Acts of the 86th Legislature, Regular Session, 2019, to read as
follows:
(13) "Trafficking of persons" means any offense that
results in a person engaging in forced labor or services, including
sexual conduct, and that may be prosecuted under Section 20A.02,
20A.03, 43.03, 43.031, 43.04, 43.041, 43.05, 43.25, 43.251, or
43.26, Penal Code.
(b) Section 3.06, Chapter 413 (S.B. 20), Acts of the 86th
Legislature, Regular Session, 2019, which amended Article
56.32(a)(14), Code of Criminal Procedure, is repealed.
SECTION 4.015. (a) Article 56B.106(c), Code of Criminal
Procedure, is amended to conform to Section 1, Chapter 187 (H.B.
2079), Acts of the 86th Legislature, Regular Session, 2019, to read
as follows:
(c) A [victim who is a] victim of stalking, family violence,
or trafficking of persons, [or] a victim of sexual assault who is
assaulted in the victim's place of residence, or a child who is a
victim of a murder attempt in the child's place of residence may
receive a one-time assistance payment in an amount not to exceed:
(1) $2,000 to be used for relocation expenses,
including expenses for rental deposit, utility connections,
expenses relating to moving belongings, motor vehicle mileage
expenses, and for an out-of-state move, transportation, lodging,
and meals; and
(2) $1,800 to be used for housing rental expenses.
(b) Section 1, Chapter 187 (H.B. 2079), Acts of the 86th
Legislature, Regular Session, 2019, which amended Article
56.42(d), Code of Criminal Procedure, is repealed.
SECTION 4.016. (a) Article 56B.453(d), Code of Criminal
Procedure, is amended to conform to Section 5, Chapter 1037 (H.B.
616), Acts of the 86th Legislature, Regular Session, 2019, to read
as follows:
(d) The attorney general may use the fund to:
(1) reimburse a health care facility or a sexual
assault examiner or sexual assault nurse examiner for certain costs
of a forensic medical examination that are incurred by the facility
or the examiner [law enforcement agency for the reasonable costs of
a forensic medical examination that are incurred by the agency]
under Subchapter F or G, Chapter 56A, as provided by those
subchapters; and
(2) make a payment to or on behalf of an individual for
the reasonable costs incurred for medical care provided under
Subchapter F or G, Chapter 56A, in accordance with Section 323.004,
Health and Safety Code.
(b) Section 5, Chapter 1037 (H.B. 616), Acts of the 86th
Legislature, Regular Session, 2019, which amended Article
56.54(k), Code of Criminal Procedure, is repealed.
SECTION 4.017. (a) Article 58.051(11), Code of Criminal
Procedure, is amended to conform to Section 3.07, Chapter 413 (S.B.
20), Acts of the 86th Legislature, Regular Session, 2019, to read as
follows:
(11) "Trafficking of persons" means any conduct that:
(A) constitutes an offense under Section 20A.02,
20A.03, 43.03, 43.031, 43.04, 43.041, 43.05, 43.25, 43.251, or
43.26, Penal Code; and
(B) results in a person:
(i) engaging in forced labor or services;
or
(ii) otherwise becoming a victim of the
offense.
(b) Section 3.07, Chapter 413 (S.B. 20), Acts of the 86th
Legislature, Regular Session, 2019, which amended Article
56.81(7), Code of Criminal Procedure, is repealed.
SECTION 4.018. Article 102.0173, Code of Criminal
Procedure, as amended by Chapters 656 (S.B. 1840) and 1352 (S.B.
346), Acts of the 86th Legislature, Regular Session, 2019, is
reenacted and amended to read as follows:
Art. 102.0173. JUSTICE COURT ASSISTANCE AND TECHNOLOGY
FUND. (a) The justice court assistance and technology fund is a
fund in the county treasury. The fund consists of money allocated
to the fund under Section 134.103, Local Government Code.
(b) Money in the justice court assistance and technology
fund may be used only to finance:
(1) the cost of providing court personnel, including
salaries and benefits for the court personnel;
(2) the cost of continuing education and training for
justice court judges and court personnel; and
(3) the purchase and maintenance of technological
enhancements for a justice court, including:
(A) computer systems;
(B) computer networks;
(C) computer hardware;
(D) computer software;
(E) imaging systems;
(F) electronic kiosks;
(G) electronic ticket writers; and
(H) docket management systems.
(c) The justice court assistance and technology fund shall
be administered by or under the direction of the commissioners
court of the county.
(d) A justice court may, subject to the approval of the
commissioners court, use a fund designated by this article to
assist a constable's office or other county department with a
technological enhancement, or cost related to the enhancement,
described by Subsection (b)(3) [(d)(3)] if the enhancement directly
relates to the operation or efficiency of the justice court.
SECTION 4.019. Article 102.020(a), Code of Criminal
Procedure, as amended by Chapter 1285 (H.B. 1399), Acts of the 86th
Legislature, Regular Session, 2019, is repealed to conform to the
repeal of Article 102.020, Code of Criminal Procedure, by Chapter
1352 (S.B. 346), Acts of the 86th Legislature, Regular Session,
2019.
SECTION 4.020. Article 102.022(a), Code of Criminal
Procedure, as amended by Chapter 1094 (H.B. 2048), Acts of the 86th
Legislature, Regular Session, 2019, is repealed to conform to the
repeal of Article 102.022, Code of Criminal Procedure, by Chapter
1352 (S.B. 346), Acts of the 86th Legislature, Regular Session,
2019.
SECTION 4.021. Article 102.030(b), Code of Criminal
Procedure, is amended to correct a reference to read as follows:
(b) The treasurer shall deposit the reimbursement fees
collected under this article [section] in a separate account in the
general fund of the county or municipality to be used for the
purpose of improving the collection of outstanding court costs,
fines, reimbursement fees, or restitution or improving the
efficiency of the administration of justice in the county or
municipality. The county or municipality shall prioritize the
needs of the judicial officer who collected the fees when making
expenditures under this subsection and use the money deposited to
provide for those needs.
ARTICLE 5. CHANGES RELATING TO EDUCATION CODE
SECTION 5.001. Section 8.155(a), Education Code, is amended
to correct a reference to read as follows:
(a) A non-physician mental health professional employed
under Section 8.152 shall, to the greatest extent possible, work
collaboratively with the regional education service center and
shall act as a resource for the center and school district personnel
by:
(1) helping personnel gain awareness and a better
understanding of mental health and co-occurring mental health and
substance use disorders;
(2) assisting personnel to implement initiatives
related to mental health or substance use under state law or agency
rules, interagency memorandums of understanding, and related
programs;
(3) ensuring personnel are aware of:
(A) the list of recommended best practice-based
programs and research-based practices developed under Section
38.351 [Section 161.325, Health and Safety Code];
(B) other public and private mental health and
substance use prevention, treatment, and recovery programs
available in the school district, including evidence-based
programs provided by a local mental health authority and other
public or private mental health providers; and
(C) other available public and private mental
health and substance use prevention, treatment, and recovery
program resources administered by the local mental health authority
or the Health and Human Services Commission to support school
districts, students, and families;
(4) on a monthly basis, facilitating mental health
first aid training;
(5) on a monthly basis, facilitating training
regarding the effects of grief and trauma and providing support to
children with intellectual or developmental disabilities who
suffer from grief or trauma; and
(6) on a monthly basis, facilitating training on
prevention and intervention programs that have been shown to be
effective in helping students cope with pressures to:
(A) use alcohol, cigarettes, or illegal drugs; or
(B) misuse prescription drugs.
SECTION 5.002. Section 11.157(b), Education Code, as added
by Chapter 677 (S.B. 2117), Acts of the 86th Legislature, Regular
Session, 2019, is amended to conform to the transfer and
redesignation of Section 42.2511, Education Code, by Chapter 943
(H.B. 3), Acts of the 86th Legislature, Regular Session, 2019, to
read as follows:
(b) A school district under contract with an
open-enrollment charter school to jointly operate a campus or
campus program during the 2017-2018 school year and under any
renewal of that contract during the 2018-2019 school year is
eligible to receive funding under former Section 42.2511 for each
student or the portion of each student's school day under the
direction of the open-enrollment charter school. Beginning with
the 2019-2020 school year, a school district is eligible to receive
funding under Section 48.252 on the renewal of a contract described
by this section. The commissioner may adopt rules to determine the
portion of funding a school district is entitled to under this
subsection.
SECTION 5.003. Section 12.104(b), Education Code, as
amended by Chapters 262 (H.B. 1597), 464 (S.B. 11), 467 (H.B. 4170),
and 943 (H.B. 3), Acts of the 86th Legislature, Regular Session,
2019, is reenacted and amended to read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense;
(2) the provisions in Chapter 554, Government Code;
and
(3) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) accelerated instruction under Section
28.0211;
(E) high school graduation requirements under
Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E
or E-1, Chapter 29;
(I) extracurricular activities under Section
33.081;
(J) discipline management practices or behavior
management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) public school accountability under
Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
(M) the requirement under Section 21.006 to
report an educator's misconduct;
(N) intensive programs of instruction under
Section 28.0213;
(O) the right of a school employee to report a
crime, as provided by Section 37.148;
(P) bullying prevention policies and procedures
under Section 37.0832;
(Q) the right of a school under Section 37.0052
to place a student who has engaged in certain bullying behavior in a
disciplinary alternative education program or to expel the student;
(R) the right under Section 37.0151 to report to
local law enforcement certain conduct constituting assault or
harassment;
(S) a parent's right to information regarding the
provision of assistance for learning difficulties to the parent's
child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
(T) establishment of residency under Section
25.001;
(U) [(T)] school safety requirements under
Sections 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.115,
37.207, and 37.2071;
(V) [(T)] the early childhood literacy and
mathematics proficiency plans under Section 11.185; and
(W) [(U)] the college, career, and military
readiness plans under Section 11.186.
SECTION 5.004. Section 21.410, Education Code, as amended
by Chapter 439 (S.B. 1376), Acts of the 86th Legislature, Regular
Session, 2019, is repealed to conform to the repeal of Section
21.410, Education Code, by Chapter 943 (H.B. 3), Acts of the 86th
Legislature, Regular Session, 2019.
SECTION 5.005. Section 21.451(d-3), Education Code, is
amended to correct a reference to read as follows:
(d-3) The digital learning training provided by Subsection
(d)(1)(C) [(d)(1)(E)] must:
(1) discuss basic technology proficiency expectations
and methods to increase an educator's digital literacy; and
(2) assist an educator in the use of digital
technology in learning activities that improve teaching,
assessment, and instructional practices.
SECTION 5.006. Section 28.004(c), Education Code, as
amended by Chapters 331 (S.B. 435), 352 (H.B. 18), and 464 (S.B.
11), Acts of the 86th Legislature, Regular Session, 2019, is
reenacted and amended to read as follows:
(c) The local school health advisory council's duties
include recommending:
(1) the number of hours of instruction to be provided
in:
(A) health education in kindergarten through
grade eight; and
(B) if the school district requires health
education for high school graduation, health education, including
physical health education and mental health education, in grades 9
through 12;
(2) policies, procedures, strategies, and curriculum
appropriate for specific grade levels designed to prevent physical
health concerns, including obesity, cardiovascular disease, Type 2
diabetes, and mental health concerns, including suicide, through
coordination of:
(A) health education, which must address
physical health concerns and mental health concerns to ensure the
integration of physical health education and mental health
education;
(B) physical education and physical activity;
(C) nutrition services;
(D) parental involvement;
(E) instruction on substance abuse prevention;
(F) school health services, including mental
health services;
(G) a comprehensive school counseling program
under Section 33.005;
(H) a safe and healthy school environment; and
(I) school employee wellness;
(3) appropriate grade levels and methods of
instruction for human sexuality instruction;
(4) strategies for integrating the curriculum
components specified by Subdivision (2) with the following elements
in a coordinated school health program for the district:
(A) school health services, including physical
health services and mental health services, if provided at a campus
by the district or by a third party under a contract with the
district;
(B) a comprehensive school counseling program
under Section 33.005;
(C) a safe and healthy school environment; and
(D) school employee wellness;
(5) if feasible, joint use agreements or strategies
for collaboration between the school district and community
organizations or agencies; [and]
(6) strategies to increase parental awareness
regarding:
(A) risky behaviors and early warning signs of
suicide risks and behavioral health concerns, including mental
health disorders and substance use disorders; and
(B) available community programs and services
that address risky behaviors, suicide risks, and behavioral health
concerns; and
(7) [(6)] appropriate grade levels and curriculum for
instruction regarding opioid addiction and abuse and methods of
administering an opioid antagonist, as defined by Section 483.101,
Health and Safety Code.
SECTION 5.007. Section 28.009(b-2), Education Code, as
amended by Chapters 264 (S.B. 1276) and 901 (H.B. 3650), Acts of the
86th Legislature, Regular Session, 2019, is reenacted and amended
to read as follows:
(b-2) Any agreement, including a memorandum of
understanding or articulation agreement, between a school district
and public institution of higher education to provide a dual credit
program described by Subsection (b-1) must:
(1) include specific program goals aligned with the
statewide goals developed under Subsection (b-1);
(2) establish common advising strategies and
terminology related to dual credit and college readiness;
(3) provide for the alignment of endorsements
described by Section 28.025(c-1) offered by the district, and dual
credit courses offered under the agreement that apply towards those
endorsements, with postsecondary pathways and credentials at the
institution and industry certifications;
(4) identify tools, including tools developed by the
agency, the Texas Higher Education Coordinating Board, or the Texas
Workforce Commission, to assist school counselors, students, and
families in selecting endorsements offered by the district and dual
credit courses offered under the agreement;
(5) establish, or provide a procedure for
establishing, the course credits that may be earned under the
agreement, including by developing a course equivalency crosswalk
or other method for equating high school courses with college
courses and identifying the number of credits that may be earned for
each course completed through the program;
(6) describe the academic supports and, if applicable,
guidance that will be provided to students participating in the
program;
(7) establish the district's and the institution's
respective roles and responsibilities in providing the program and
ensuring the quality and instructional rigor of the program;
(8) state the sources of funding for courses offered
under the program, including, at a minimum, the sources of funding
for tuition, transportation, and any required fees or textbooks for
students participating in the program;
(9) require the district and the institution to
consider the use of free or low-cost open educational resources in
courses offered under the program; and
(10) [(7)] be posted each year on the district's and
the institution's respective Internet websites.
SECTION 5.008. Section 29.081(d), Education Code, as
amended by Chapters 403 (S.B. 1746), 597 (S.B. 668), and 1060 (H.B.
1051), Acts of the 86th Legislature, Regular Session, 2019, is
reenacted and amended to read as follows:
(d) For purposes of this section, "student at risk of
dropping out of school" includes each student who:
(1) is under 26 years of age and who:
(A) was not advanced from one grade level to the
next for one or more school years;
(B) if the student is in grade 7, 8, 9, 10, 11, or
12, did not maintain an average equivalent to 70 on a scale of 100 in
two or more subjects in the foundation curriculum during a semester
in the preceding or current school year or is not maintaining such
an average in two or more subjects in the foundation curriculum in
the current semester;
(C) did not perform satisfactorily on an
assessment instrument administered to the student under Subchapter
B, Chapter 39, and who has not in the previous or current school
year subsequently performed on that instrument or another
appropriate instrument at a level equal to at least 110 percent of
the level of satisfactory performance on that instrument;
(D) if the student is in prekindergarten,
kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on
a readiness test or assessment instrument administered during the
current school year;
(E) is pregnant or is a parent;
(F) has been placed in an alternative education
program in accordance with Section 37.006 during the preceding or
current school year;
(G) has been expelled in accordance with Section
37.007 during the preceding or current school year;
(H) is currently on parole, probation, deferred
prosecution, or other conditional release;
(I) was previously reported through the Public
Education Information Management System (PEIMS) to have dropped out
of school;
(J) is a student of limited English proficiency,
as defined by Section 29.052;
(K) is in the custody or care of the Department of
Family and Protective Services or has, during the current school
year, been referred to the department by a school official, officer
of the juvenile court, or law enforcement official;
(L) is homeless;
(M) resided in the preceding school year or
resides in the current school year in a residential placement
facility in the district, including a detention facility, substance
abuse treatment facility, emergency shelter, psychiatric hospital,
halfway house, cottage home operation, specialized child-care
home, or general residential operation; or
(N) [(14)] has been incarcerated or has a parent
or guardian who has been incarcerated, within the lifetime of the
student, in a penal institution as defined by Section 1.07, Penal
Code; or
(2) regardless of the student's age, participates in
an adult education program provided under a high school diploma and
industry certification charter school program under Section
29.259.
SECTION 5.009. Section 29.316(c), Education Code, as added
by Chapter 1036 (H.B. 548), Acts of the 86th Legislature, Regular
Session, 2019, is amended to conform to the transfer and
redesignation of Section 42.151, Education Code, by Chapter 943
(H.B. 3), Acts of the 86th Legislature, Regular Session, 2019, to
read as follows:
(c) Not later than August 31 of each year, the agency, the
division, and the center jointly shall prepare and post on the
agency's, the division's, and the center's respective Internet
websites a report on the language acquisition of children eight
years of age or younger who are deaf or hard of hearing. The report
must:
(1) include:
(A) existing data reported in compliance with
federal law regarding children with disabilities; and
(B) information relating to the language
acquisition of children who are deaf or hard of hearing and also
have other disabilities;
(2) state for each child:
(A) the instructional arrangement used with the
child, as described by Section 48.102 [42.151], including the time
the child spends in a mainstream instructional arrangement;
(B) the specific language acquisition services
provided to the child, including:
(i) the time spent providing those
services; and
(ii) a description of any hearing
amplification used in the delivery of those services, including:
(a) the type of hearing amplification
used;
(b) the period of time in which the
child has had access to the hearing amplification; and
(c) the average amount of time the
child uses the hearing amplification each day;
(C) the tools or assessments used to assess the
child's language acquisition and the results obtained;
(D) the preferred unique communication mode used
by the child at home; and
(E) the child's age, race, and gender, the age at
which the child was identified as being deaf or hard of hearing, and
any other relevant demographic information the commissioner
determines to likely be correlated with or have an impact on the
child's language acquisition;
(3) compare progress in English literacy made by
children who are deaf or hard of hearing to progress in that subject
made by children of the same age who are not deaf or hard of hearing,
by appropriate age range; and
(4) be redacted as necessary to comply with state and
federal law regarding the confidentiality of student medical or
educational information.
SECTION 5.010. Sections 37.108(b-1) and (f), Education
Code, are amended to correct references to read as follows:
(b-1) In a school district's safety and security audit
required under Subsection (b), the district must certify that the
district used the funds provided to the district through the school
safety allotment under Section 48.115 [42.168] only for the
purposes provided by that section.
(f) A school district shall include in its multihazard
emergency operations plan:
(1) a chain of command that designates the individual
responsible for making final decisions during a disaster or
emergency situation and identifies other individuals responsible
for making those decisions if the designated person is unavailable;
(2) provisions that address physical and
psychological safety for responding to a natural disaster, active
shooter, and any other dangerous scenario identified for purposes
of this section by the agency or the Texas School Safety Center;
(3) provisions for ensuring the safety of students in
portable buildings;
(4) provisions for ensuring that students and district
personnel with disabilities are provided equal access to safety
during a disaster or emergency situation;
(5) provisions for providing immediate notification
to parents, guardians, and other persons standing in parental
relation in circumstances involving a significant threat to the
health or safety of students, including identification of the
individual with responsibility for overseeing the notification;
(6) provisions for supporting the psychological
safety of students, district personnel, and the community during
the response and recovery phase following a disaster or emergency
situation that:
(A) are aligned with best practice-based
programs and research-based practices recommended under Section
38.351 [Section 161.325, Health and Safety Code];
(B) include strategies for ensuring any required
professional development training for suicide prevention and
grief-informed and trauma-informed care is provided to appropriate
school personnel;
(C) include training on integrating
psychological safety and suicide prevention strategies into the
district's plan, such as psychological first aid for schools
training, from an approved list of recommended training established
by the commissioner and Texas School Safety Center for:
(i) members of the district's school safety
and security committee under Section 37.109;
(ii) district school counselors and mental
health professionals; and
(iii) educators and other district
personnel as determined by the district;
(D) include strategies and procedures for
integrating and supporting physical and psychological safety that
align with the provisions described by Subdivision (2); and
(E) implement trauma-informed policies;
(7) a policy for providing a substitute teacher access
to school campus buildings and materials necessary for the
substitute teacher to carry out the duties of a district employee
during an emergency or a mandatory emergency drill; and
(8) the name of each individual on the district's
school safety and security committee established under Section
37.109 and the date of each committee meeting during the preceding
year.
SECTION 5.011. Section 37.115(k), Education Code, is
amended to correct a reference to read as follows:
(k) A team must report to the agency in accordance with
guidelines developed by the agency the following information
regarding the team's activities and other information for each
school district campus the team serves:
(1) the occupation of each person appointed to the
team;
(2) the number of threats and a description of the type
of the threats reported to the team;
(3) the outcome of each assessment made by the team,
including:
(A) any disciplinary action taken, including a
change in school placement;
(B) any action taken by law enforcement; or
(C) a referral to or change in counseling, mental
health, special education, or other services;
(4) the total number, disaggregated by student gender,
race, and status as receiving special education services, being at
risk of dropping out of school, being in foster care, experiencing
homelessness, being a dependent of military personnel, being
pregnant or a parent, having limited English proficiency, or being
a migratory child, of, in connection with an assessment or reported
threat by the team:
(A) citations issued for Class C misdemeanor
offenses;
(B) arrests;
(C) incidents of uses of restraint;
(D) changes in school placement, including
placement in a juvenile justice alternative education program or
disciplinary alternative education program;
(E) referrals to or changes in counseling, mental
health, special education, or other services;
(F) placements in in-school suspension or
out-of-school suspension and incidents of expulsion;
(G) unexcused absences of 15 or more days during
the school year; and
(H) referrals to juvenile court for truancy; and
(5) the number and percentage of school personnel
trained in:
(A) a best-practices program or research-based
practice under Section 38.351 [Section 161.325, Health and Safety
Code], including the number and percentage of school personnel
trained in:
(i) suicide prevention; or
(ii) grief and trauma-informed practices;
(B) mental health or psychological first aid for
schools;
(C) training relating to the safe and supportive
school program established under Subsection (b); or
(D) any other program relating to safety
identified by the commissioner.
SECTION 5.012. Section 38.036(c), Education Code, is
amended to correct a reference to read as follows:
(c) The methods under Subsection (b)(1) for increasing
awareness and implementation of trauma-informed care must include
training as provided by this subsection. The training must be
provided:
(1) through a program selected from the list of
recommended best practice-based programs and research-based
practices established under Section 38.351 [Section 161.325,
Health and Safety Code];
(2) as part of any new employee orientation for all new
school district educators; and
(3) to existing school district educators on a
schedule adopted by the agency by rule that requires educators to be
trained at intervals necessary to keep educators informed of
developments in the field.
SECTION 5.013. Section 38.308, Education Code, is amended
to correct a reference to read as follows:
Sec. 38.308. DUTIES OF TASK FORCE. The task force shall:
(1) gather data on:
(A) the number of students enrolled in each
school district and open-enrollment charter school;
(B) the number of individuals to whom each school
district or open-enrollment charter school provides the mental
health services described by Section 38.302(1);
(C) the number of individuals for whom each
school district or open-enrollment charter school has the resources
to provide the mental health services described by Section
38.302(1);
(D) the number of individuals described by
Paragraph (B) who are referred to an inpatient or outpatient mental
health provider;
(E) the number of individuals who are transported
from each school district or open-enrollment charter school for an
emergency detention under Chapter 573, Health and Safety Code; and
(F) the race, ethnicity, gender, special
education status, educationally disadvantaged status, and
geographic location of:
(i) individuals who are provided the mental
health services described by Section 38.302(1);
(ii) individuals who are described by
Paragraph (D); and
(iii) individuals who are described by
Paragraph (E); and
(2) study, evaluate, and make recommendations
regarding the mental health services described by Section
38.302(1), the training described by Section 38.302(2), and the
impact of those mental health services, as described by Section
38.302(3), including addressing:
(A) the outcomes and the effectiveness of the
services and training provided, including the outcomes and
effectiveness of the service and training providers and the
programs under which services and training are provided, in:
(i) improving student academic achievement
and attendance;
(ii) reducing student disciplinary
proceedings, suspensions, placements in a disciplinary alternative
education program, and expulsions; and
(iii) delivering prevention and
intervention services to promote early mental health skills,
including:
(a) building skills relating to
managing emotions, establishing and maintaining positive
relationships, and making responsible decisions;
(b) preventing substance abuse;
(c) preventing suicides;
(d) adhering to the purpose of the
relevant program services or training;
(e) promoting trauma-informed
practices;
(f) promoting a positive school
climate, as defined by Section 38.351(d) [Section 161.325(a-3),
Health and Safety Code], in the district or school; and
(g) improving physical and emotional
safety and well-being in the district or school and reducing
violence in the district or school;
(B) best practices for districts and schools in
implementing the services or training;
(C) disparities in the race, ethnicity, gender,
special education status, and geographic location of individuals
receiving the services; and
(D) best practices to replicate the services or
training for all districts and schools.
SECTION 5.014. (a) Section 38.351, Education Code, is
amended to conform to Chapter 464 (S.B. 11), Acts of the 86th
Legislature, Regular Session, 2019, by adding Subsection (i-1) and
amending Subsections (j) and (k) to read as follows:
(i-1) A school district may develop practices and
procedures concerning each area listed in Subsection (c), including
mental health promotion and intervention, substance abuse
prevention and intervention, and suicide prevention, that include a
procedure for providing educational material to all parents and
families in the district that contains information on identifying
risk factors, accessing resources for treatment or support provided
on and off campus, and accessing available student accommodations
provided on campus.
(j) The practices and procedures developed under Subsection
(i) or (i-1):
(1) may address multiple areas listed in Subsection
(c) together; and
(2) must prohibit the use without the prior consent of
a student's parent or guardian of a medical screening of the student
as part of the process of identifying whether the student is
possibly in need of early mental health or substance abuse
intervention or suicide prevention.
(k) The practices and procedures developed under Subsection
(i) or (i-1) must be included in:
(1) the annual student handbook; and
(2) the district improvement plan under Section
11.252.
(b) Section 23, Chapter 464 (S.B. 11), Acts of the 86th
Legislature, Regular Session, 2019, which amended Section
161.325(d), Health and Safety Code, is repealed.
SECTION 5.015. Section 39.059, Education Code, as added by
Chapters 870 (H.B. 3007) and 871 (H.B. 3011), Acts of the 86th
Legislature, Regular Session, 2019, is reenacted and amended to
read as follows:
Sec. 39.059. DATA TRANSPARENCY. (a) In this section:
(1) "Coordinating board" means the Texas Higher
Education Coordinating Board.
(2) "Institution of higher education" has the meaning
assigned by Section 61.003.
(b) Before the initial release of academic accountability
ratings for a school year:[,]
(1) the coordinating board shall provide to each
school district a copy of all source data as submitted to the
coordinating board by an institution of higher education that the
coordinating board provides to the agency to consider in:
(A) [(1)] determining the district's
accreditation status under Section 39.052; or
(B) [(2)] assigning performance ratings for the
district or the district's campuses under Section 39.054; and[.]
(2) the agency shall provide to each school district a
copy of all source data as submitted to the agency by an entity
other than the district that the agency considers in:
(A) [(1)] determining the district's
accreditation status under Section 39.052; or
(B) [(2)] assigning performance ratings for the
district or the district's campuses under Section 39.054.
SECTION 5.016. Section 39.413, Education Code, as amended
by Chapter 943 (H.B. 3), Acts of the 86th Legislature, Regular
Session, 2019, is repealed to conform to the repeal of Section
39.413, Education Code, by Chapter 439 (S.B. 1376), Acts of the 86th
Legislature, Regular Session, 2019.
SECTION 5.017. Section 39A.002, Education Code, is amended
to codify text inadvertently omitted from Chapter 467 (H.B. 4170),
Acts of the 86th Legislature, Regular Session, 2019, and to conform
to Section 15, Chapter 925 (S.B. 1566), Acts of the 85th
Legislature, Regular Session, 2017, to read as follows:
Sec. 39A.002. AUTHORIZED COMMISSIONER ACTIONS. If a school
district is subject to commissioner action under Section 39A.001,
the commissioner may:
(1) issue public notice of the deficiency to the board
of trustees of the district;
(2) order a hearing to be conducted by the board of
trustees of the district to notify the public of:
(A) the insufficient performance;
(B) the improvements in performance expected by
the agency; and
(C) the interventions and sanctions that may be
imposed under this subchapter if the performance does not improve;
(3) order the preparation of a student achievement
improvement plan that addresses each academic achievement
indicator under Section 39.053(c) for which the district's
performance is insufficient, the submission of the plan to the
commissioner for approval, and the implementation of the plan;
(4) order a hearing to be held before the commissioner
or the commissioner's designee at which the president of the board
of trustees of the district and the district's superintendent shall
appear and explain the district's low performance, lack of
improvement, and plans for improvement;
(5) arrange a monitoring review of the district;
(6) appoint an agency monitor to participate in and
report to the agency on the activities of the board of trustees of
the district or superintendent;
(7) appoint a conservator to oversee the operations of
the district;
(8) appoint a management team to direct the operations
of the district in areas of insufficient performance or require the
district to obtain certain services under a contract with another
person; [or]
(9) authorize the district to enter into a memorandum
of understanding with an institution of higher education that
provides for the assistance of the institution of higher education
in improving the district's performance; or
(10) [(12)] order the use of the board improvement and
evaluation tool as provided by Section 11.182.
SECTION 5.018. Section 45.0032(d), Education Code, is
amended to conform to Chapter 943 (H.B. 3), Acts of the 86th
Legislature, Regular Session, 2019, to read as follows:
(d) For a district to which Section 26.08(a-1), Tax Code,
applies, the amount by which the district's maintenance tax rate
exceeds the district's voter-approval tax rate, excluding the
district's current debt rate under Section 26.08(n)(3)
[26.08(n)(1)(C)], Tax Code, for the preceding year is not
considered in determining a district's tier one maintenance and
operations tax rate under Subsection (a) or the district's
enrichment tax rate under Subsection (b) for the current tax year.
SECTION 5.019. (a) Section 48.009, Education Code, is
amended to conform to Chapters 1036 (H.B. 548) and 1060 (H.B. 1051),
Acts of the 86th Legislature, Regular Session, 2019, by adding
Subsections (b-1), (b-2), and (b-3) to read as follows:
(b-1) The commissioner by rule shall require each school
district and open-enrollment charter school to report through the
Public Education Information Management System information
disaggregated by campus and grade regarding:
(1) the number of children who are required to attend
school under Section 25.085, are not exempted under Section 25.086,
and fail to attend school without excuse for 10 or more days or
parts of days within a six-month period in the same school year;
(2) the number of students for whom the district
initiates a truancy prevention measure under Section 25.0915(a-4);
and
(3) the number of parents of students against whom an
attendance officer or other appropriate school official has filed a
complaint under Section 25.093.
(b-2) The commissioner by rule shall require each school
district and open-enrollment charter school to annually report
through the Public Education Information Management System
information regarding the number of students who are enrolled in a
high school equivalency program, a dropout recovery school, or an
adult education program provided under a high school diploma and
industry certification charter school program provided by the
district or school and who:
(1) are at least 18 years of age and under 26 years of
age;
(2) have not previously been reported to the agency as
dropouts; and
(3) enroll in the program at the district or school
after not attending school for a period of at least nine months.
(b-3) A student reported under Subsection (b-2) as having
enrolled in a high school equivalency program, a dropout recovery
school, or an adult education program provided under a high school
diploma and industry certification charter school program must be
reported through the Public Education Information Management
System as having previously dropped out of school.
(b) Section 39.053(g-4), Education Code, is amended to
correct a reference to read as follows:
(g-4) For purposes of the computation of dropout and
completion rates such as high school graduation rates under
Subsection (c)(1)(B)(ix), the commissioner shall exclude a student
who was reported as having dropped out of school under Section
48.009(b-3) [42.006(a-9)], and the student may not be considered to
have dropped out from the school district or campus in which the
student was last enrolled.
(c) The following provisions, which amended Section 42.006,
Education Code, are repealed:
(1) Section 2, Chapter 1036 (H.B. 548), Acts of the
86th Legislature, Regular Session, 2019; and
(2) Section 8, Chapter 1060 (H.B. 1051), Acts of the
86th Legislature, Regular Session, 2019.
SECTION 5.020. Section 42.168, Education Code, as added by
Chapter 464 (S.B. 11), Acts of the 86th Legislature, Regular
Session, 2019, is transferred to Subchapter C, Chapter 48,
Education Code, redesignated as Section 48.115, Education Code, and
amended to conform to changes made by Chapter 943 (H.B. 3), Acts of
the 86th Legislature, Regular Session, 2019, to read as follows:
Sec. 48.115 [42.168]. SCHOOL SAFETY ALLOTMENT. (a) From
funds appropriated for that purpose, the commissioner shall provide
to a school district an annual allotment in the amount provided by
appropriation for each student in average daily attendance.
(b) Funds allocated under this section must be used to
improve school safety and security, including costs associated
with:
(1) securing school facilities, including:
(A) improvements to school infrastructure;
(B) the use or installation of physical barriers;
and
(C) the purchase and maintenance of:
(i) security cameras or other security
equipment; and
(ii) technology, including communications
systems or devices, that facilitates communication and information
sharing between students, school personnel, and first responders in
an emergency;
(2) providing security for the district, including:
(A) employing school district peace officers,
private security officers, and school marshals; and
(B) collaborating with local law enforcement
agencies, such as entering into a memorandum of understanding for
the assignment of school resource officers to schools in the
district;
(3) school safety and security training and planning,
including:
(A) active shooter and emergency response
training;
(B) prevention and treatment programs relating
to addressing adverse childhood experiences; and
(C) the prevention, identification, and
management of emergencies and threats, including:
(i) providing mental health personnel and
support;
(ii) providing behavioral health services;
and
(iii) establishing threat reporting
systems; and
(4) providing programs related to suicide prevention,
intervention, and postvention.
(c) A school district may use funds allocated under this
section for equipment or software that is used for a school safety
and security purpose and an instructional purpose, provided that
the instructional use does not compromise the safety and security
purpose of the equipment or software.
(d) A school district that is required to take action under
Chapter 49 [41] to reduce its local revenue level [wealth per
student] to the [equalized wealth] level established under Section
48.257 is entitled to a credit, in the amount of the allotments to
which the district is to receive as provided by appropriation,
against the total amount required under Section 49.153 [41.093] for
the district to purchase attendance credit [credits].
(e) The commissioner may adopt rules to implement this
section.
SECTION 5.021. Section 51.256(c), Education Code, is
amended to conform to Chapter 469 (H.B. 4173), Acts of the 86th
Legislature, Regular Session, 2019, to read as follows:
(c) Nothing in this section may be construed as prohibiting
a victim from making a report to a law enforcement agency using the
pseudonym form described by Article 58.102 [57.02], Code of
Criminal Procedure.
SECTION 5.022. Sections 59.01(1) and (3), Education Code,
as amended by Chapters 8 (H.B. 826), 225 (H.B. 1592), and 294 (H.B.
2867), Acts of the 86th Legislature, Regular Session, 2019, are
reenacted and amended to read as follows:
(1) "Health care professional staff members or
students" means:
(A) physicians, dentists, veterinarians,
podiatrists, physician assistants, nurses, pharmacists, and other
health care providers who:
(i) are appointed to the faculty or
employed by or volunteer for The University of Texas System, The
Texas A&M University System, the Texas Tech University System, the
Texas State University System, [the Sam Houston State University
College of Osteopathic Medicine,] the University of Houston System,
[the University of Houston College of Medicine,] Stephen F. Austin
State University, or the University of North Texas System; and
(ii) either:
(a) are appointed or employed on a
full-time basis; or
(b) are appointed or volunteer on a
part-time basis and who devote their total professional service to
providing health services or provide services to patients by
assignment from the department chairman; and
(B) interns, residents, fellows, medical
students, dental students, veterinary students, students of
osteopathic medicine, nursing students, pharmacy students, and
students of any other health care profession that requires a
license, certificate, or other authorization under Title 3,
Occupations Code, participating in a patient-care program in The
University of Texas System, The Texas A&M University System, the
Texas Tech University System, the Texas State University System,
[the Sam Houston State University College of Osteopathic Medicine,]
the University of Houston System, [the University of Houston
College of Medicine,] Stephen F. Austin State University, or the
University of North Texas System.
(3) "Board" means the board of regents of The
University of Texas System, the board of regents of The Texas A&M
University System, the board of regents of the Texas Tech
University System, the board of regents of the Texas State
University System, the board of regents of the University of
Houston System, the board of regents of Stephen F. Austin State
University, or the board of regents of the University of North Texas
System.
SECTION 5.023. Sections 59.02(a) and (c), Education Code,
as amended by Chapters 8 (H.B. 826), 225 (H.B. 1592), and 294 (H.B.
2867), Acts of the 86th Legislature, Regular Session, 2019, are
reenacted and amended to read as follows:
(a) Each board may establish a separate self-insurance fund
to pay any damages adjudged in a court of competent jurisdiction or
a settlement of any health care liability claim against a health
care professional staff member or student arising from the exercise
of the member's or student's appointment, duties, or training with
The University of Texas System, The Texas A&M University System,
the Texas Tech University System, the Texas State University
System, [the Sam Houston State University College of Osteopathic
Medicine,] the University of Houston System, [the University of
Houston College of Medicine,] Stephen F. Austin State University,
or the University of North Texas System.
(c) On the establishment of each fund, transfers to the fund
shall be made in an amount and at such intervals as determined by
the board. Each board may receive and accept any gifts or donations
specified for the purposes of this subchapter and deposit those
gifts or donations into the fund. Each board may invest money
deposited in the fund, and any income received shall be retained in
the fund. The money shall be deposited in any of the approved
depository banks of The University of Texas System, The Texas A&M
University System, the Texas Tech University System, the Texas
State University System, the University of Houston System, Stephen
F. Austin State University, or the University of North Texas
System. All expenditures from the funds shall be paid pursuant to
approval by the boards.
SECTION 5.024. Section 59.06, Education Code, as amended by
Chapters 8 (H.B. 826) and 225 (H.B. 1592), Acts of the 86th
Legislature, Regular Session, 2019, is reenacted and amended to
read as follows:
Sec. 59.06. LIMITATION ON APPROPRIATED FUNDS. Funds
appropriated by the legislature to The University of Texas System,
The Texas A&M University System, the Texas Tech University System,
the Texas State University System, the University of Houston
System, [to the University of Houston for the University of Houston
College of Medicine,] Stephen F. Austin State University, or the
University of North Texas System from the General Revenue Fund may
not be used to establish or maintain the fund, to purchase
insurance, or to employ private legal counsel.
SECTION 5.025. Section 63.002(c), Education Code, as
amended by Chapters 8 (H.B. 826), 294 (H.B. 2867), and 517 (S.B.
479), Acts of the 86th Legislature, Regular Session, 2019, is
reenacted and amended to read as follows:
(c) The amount available for distribution from the fund may
be appropriated only for programs that benefit medical research,
health education, or treatment programs at the following
health-related institutions of higher education:
(1) The University of Texas Health Science Center at
San Antonio;
(2) The University of Texas M. D. Anderson Cancer
Center;
(3) The University of Texas Southwestern Medical
Center;
(4) The University of Texas Medical Branch at
Galveston;
(5) The University of Texas Health Science Center at
Houston;
(6) The University of Texas Health Science Center at
Tyler;
(7) The University of Texas Health Science
Center--South Texas and its component institutions, if established
under Subchapter N, Chapter 74;
(8) The Texas A&M University Health Science Center;
(9) the University of North Texas Health Science
Center at Fort Worth;
(10) the Texas Tech University Health Sciences Center;
(11) the Texas Tech University Health Sciences Center
at El Paso;
(12) the University of Houston College of Medicine;
[and]
(13) the Sam Houston State University College of
Osteopathic Medicine; [and]
(14) the Dell Medical School at The University of
Texas at Austin; and
(15) [(13)] Baylor College of Medicine, if a contract
between Baylor College of Medicine and the Texas Higher Education
Coordinating Board is in effect under Section 61.092.
ARTICLE 6. CHANGES RELATING TO ELECTION CODE
SECTION 6.001. Section 13.004(c), Election Code, as amended
by Chapters 469 (H.B. 4173), 489 (H.B. 3100), and 1146 (H.B. 2910),
Acts of the 86th Legislature, Regular Session, 2019, is reenacted
to read as follows:
(c) The following information furnished on a registration
application is confidential and does not constitute public
information for purposes of Chapter 552, Government Code:
(1) a social security number;
(2) a Texas driver's license number;
(3) a number of a personal identification card issued
by the Department of Public Safety;
(4) an indication that an applicant is interested in
working as an election judge;
(5) the residence address of the applicant, if the
applicant is a federal judge or state judge, the spouse of a federal
judge or state judge, the spouse of a peace officer as defined by
Article 2.12, Code of Criminal Procedure, or an individual to whom
Section 552.1175, Government Code, or Section 521.1211,
Transportation Code, applies and the applicant:
(A) included an affidavit with the registration
application describing the applicant's status under this
subdivision, if the applicant is a federal judge or state judge or
the spouse of a federal judge or state judge;
(B) provided the registrar with an affidavit
describing the applicant's status under this subdivision, if the
applicant is a federal judge or state judge or the spouse of a
federal judge or state judge; or
(C) provided the registrar with a completed form
approved by the secretary of state for the purpose of notifying the
registrar of the applicant's status under this subdivision;
(6) the residence address of the applicant, if the
applicant, the applicant's child, or another person in the
applicant's household is a victim of family violence as defined by
Section 71.004, Family Code, who provided the registrar with:
(A) a copy of a protective order issued under
Chapter 85, Family Code, or a magistrate's order for emergency
protection issued under Article 17.292, Code of Criminal Procedure;
or
(B) other independent documentary evidence
necessary to show that the applicant, the applicant's child, or
another person in the applicant's household is a victim of family
violence;
(7) the residence address of the applicant, if the
applicant, the applicant's child, or another person in the
applicant's household is a victim of sexual assault or abuse,
stalking, or trafficking of persons who provided the registrar
with:
(A) a copy of a protective order issued under
Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a
magistrate's order for emergency protection issued under Article
17.292, Code of Criminal Procedure; or
(B) other independent documentary evidence
necessary to show that the applicant, the applicant's child, or
another person in the applicant's household is a victim of sexual
assault or abuse, stalking, or trafficking of persons;
(8) the residence address of the applicant, if the
applicant:
(A) is a participant in the address
confidentiality program administered by the attorney general under
Subchapter B, Chapter 58, Code of Criminal Procedure; and
(B) provided the registrar with proof of
certification under Article 58.059, Code of Criminal Procedure; or
(9) the telephone number of any applicant submitting
documentation under Subdivision (5), (6), (7), or (8).
SECTION 6.002. Section 87.121, Election Code, as amended by
Chapters 1083 (H.B. 1850) and 1215 (S.B. 902), Acts of the 86th
Legislature, Regular Session, 2019, is reenacted and amended to
read as follows:
Sec. 87.121. EARLY VOTING ROSTERS. (a) The early voting
clerk shall maintain for each election a roster listing each person
who votes an early voting ballot by personal appearance and a roster
listing each person to whom an early voting ballot to be voted by
mail is sent.
(b) For each person listed, the applicable roster must
include:
(1) the person's name, address, and voter registration
number;
(2) an identification of the person's county election
precinct of registration; and
(3) the date of voting or the date the ballot was
mailed to the person, as applicable.
(c) Each roster shall be updated daily.
(d) Each roster may be maintained in any form approved by
the secretary of state.
(e) The clerk shall preserve each roster after the election
for the period for preserving the precinct election records.
(f) Information on the roster for a person to whom an early
voting mail ballot has been sent is not available for public
inspection, except to the voter seeking to verify that the
information pertaining to the voter is accurate, until the first
business day after election day.
(g) Information on the roster for a person who votes an
early voting ballot by personal appearance shall be made available
for public inspection as provided by Subsection (i) not later than
11 a.m. on the day after the date the information is entered on the
roster under Subsection (c).
(h) Information on the roster for a person who votes an
early voting ballot by mail shall be made available for public
inspection as provided by Subsection (i) not later than 11 a.m. on
the day following the day the early voting clerk receives a ballot
voted by mail.
(i) The information under Subsections (g) and (h) must be
made available:
(1) for an election in which the county clerk is the
early voting clerk:
(A) on the publicly accessible Internet website
of the county; or
(B) if the county does not maintain a website, on
the bulletin board used for posting notice of meetings of the
commissioners court; or
(2) for an election not described by Subdivision (1):
(A) on the publicly accessible Internet website
of the authority ordering the election; or
(B) if the authority ordering the election does
not maintain a website, on the bulletin board used for posting
notice of meetings of the governing body of the authority.
(j) [(i)] The early voting clerk for a primary election or
the general election for state and county officers shall submit to
the secretary of state for posting on the secretary of state's
Internet website the information described by:
(1) Subsection (g) not later than 11 a.m. on the day
after the date the information is entered on the roster under
Subsection (c); and
(2) Subsection (h) not later than 11 a.m. on the day
following the day the early voting clerk receives a ballot voted by
mail.
(k) [(j)] The secretary of state shall [make any early
voting roster created under this section available to the public on
the secretary's Internet website.
[(j) The secretary of state shall] post the information
described by Subsection (j) [(i)] on the secretary of state's
Internet website in a downloadable format.
(l) [(k)] The secretary of state shall create a system for
an early voting clerk for a primary election or the general election
for state and county officers to provide the information to the
secretary of state for posting on the secretary of state's Internet
website under Subsection (j) [(i)].
SECTION 6.003. Section 172.113(e), Election Code, is
amended to read as follows:
(e) On completing the tabulation, the authority shall:
(1) deliver it to the general custodian; or
(2) post the tabulation on:
(A) [on] the county's website; and
(B) if required by secretary of state rule, the
secretary of state's website.
ARTICLE 7. CHANGES RELATING TO FAMILY CODE
SECTION 7.001. Section 33.006, Family Code, is amended to
correct a reference to read as follows:
Sec. 33.006. GUARDIAN AD LITEM IMMUNITY. A guardian ad
litem appointed under this chapter and acting in the course and
scope of the appointment is not liable for damages arising from an
act or omission of the guardian ad litem committed in good faith.
The immunity granted by this section does not apply if the conduct
of the guardian ad litem is committed in a manner described by
Sections 107.009(b)(1)-(3) [107.003(b)(1)-(4)].
ARTICLE 8. CHANGES RELATING TO FINANCE CODE
SECTION 8.001. Section 184.003(e), Finance Code, is amended
to conform to Section 23, Chapter 528 (H.B. 2155), Acts of the 77th
Legislature, Regular Session, 2001, to read as follows:
(e) Subject to the exercise of prudent judgment, a state
trust company may invest its secondary capital in real property.
The factors to be considered by a state trust company in exercise of
prudent judgment include the factors contained in Section
184.101(e) [184.101(f)].
ARTICLE 9. CHANGES RELATING TO GOVERNMENT CODE
PART A. GENERAL CHANGES
SECTION 9.001. Section 25.0202(a), Government Code, as
amended by Chapters 606 (S.B. 891) and 696 (S.B. 2342), Acts of the
86th Legislature, Regular Session, 2019, is reenacted and amended
to read as follows:
(a) In addition to the jurisdiction provided by Section
25.0003 and other law, a county court at law in Bosque County has
concurrent jurisdiction with the district court in:
(1) family law cases and proceedings; [and]
(2) contested probate matters under Section 32.003,
Estates Code; and
(3) [(4)] felony cases transferred from the district
court to conduct arraignments, pretrial hearings, and motions to
adjudicate or revoke and to accept guilty pleas.
SECTION 9.002. Section 54.101(b), Government Code, as added
by Chapter 355 (H.B. 452), Acts of the 86th Legislature, Regular
Session, 2019, is repealed as duplicative of Section 54.101(b),
Government Code, as added by Chapter 606 (S.B. 891), Acts of the
86th Legislature, Regular Session, 2019.
SECTION 9.003. Subtitle I, Title 2, Government Code, is
repealed as duplicative of the substantive provisions referenced in
the subtitle.
SECTION 9.004. The following provisions are repealed as
duplicative of Section 418.056, Government Code, as added by
Chapter 602 (S.B. 799), Acts of the 86th Legislature, Regular
Session, 2019:
(1) Section 418.054, Government Code, as added by
Chapter 576 (S.B. 289), Acts of the 86th Legislature, Regular
Session, 2019; and
(2) Section 418.054, Government Code, as added by
Chapter 1018 (H.B. 6), Acts of the 86th Legislature, Regular
Session, 2019.
SECTION 9.005. Section 436.054(b), Government Code, as
amended by Chapters 276 (S.B. 2131) and 800 (H.B. 2119), Acts of the
86th Legislature, Regular Session, 2019, is reenacted to read as
follows:
(b) The commission is a governmental body for purposes of
the open meetings law, Chapter 551. Except as otherwise provided by
this section, Chapter 551 applies to a meeting of the commission.
SECTION 9.006. (a) Sections 478.0001(3) and (7), Government
Code, as effective April 1, 2021, are amended to conform to Chapter
1223 (H.B. 2402), Acts of the 86th Legislature, Regular Session,
2019, to read as follows:
(3) "Event" means any of the following and includes
any activity related to or associated with the following:
(A) the Academy of Country Music Awards;
(B) the Amateur Athletic Union Junior Olympic
Games;
(C) a Big 12 Football Conference Championship
game;
(D) the Breeders' Cup World Championships;
(E) [(D)] a game of the College Football Playoff
or its successor;
(F) a CONVRG conference;
(G) [(E)] an Elite Rodeo Association World
Championship;
(H) [(F)] a Formula One automobile race;
(I) [(G)] the largest event held each year at a
sports entertainment venue in this state with a permanent seating
capacity, including grandstand and premium seating, of at least
125,000;
(J) [(H)] the Major League Baseball All-Star
Game;
(K) [(I)] the Major League Soccer All-Star Game
or the Major League Soccer Cup;
(L) [(J)] a mixed martial arts championship;
(M) [(K)] the Moto Grand Prix of the United
States;
(N) [(L)] the National Association for Stock Car
Auto Racing (NASCAR):
(i) All-Star Race; or
(ii) season-ending Championship Race;
(O) [(M)] the National Basketball Association
All-Star Game;
(P) [(N)] a National Collegiate Athletic
Association Final Four tournament game;
(Q) [(O)] the National Collegiate Athletic
Association men's or women's lacrosse championships;
(R) [(P)] a national collegiate championship of
an amateur sport sanctioned by the national governing body of the
sport that is recognized by the United States Olympic Committee;
(S) [(Q)] the National Cutting Horse Association
Triple Crown;
(T) [(R)] the National Hockey League All-Star
Game;
(U) [(S)] a national political convention of the
Republican National Committee or the Democratic National
Committee;
(V) a championship event in the National Reined
Cow Horse Association (NRCHA) Championship Series;
(W) [(T)] an Olympic activity, including a
Junior or Senior activity, training program, or feeder program
sanctioned by the United States Olympic Committee's Community
Olympic Development Program;
(X) [(U)] a presidential general election
debate;
(Y) [(V)] the Professional Rodeo Cowboys
Association National Finals Rodeo;
(Z) [(W)] a Super Bowl;
(AA) [(X)] the United States Open Championship;
(BB) [(Y)] a World Cup soccer game or the World
Cup soccer tournament;
(CC) [(Z)] the World Games;
(DD) a World Wrestling Entertainment
WrestleMania event; or
(EE) [(AA)] the X Games.
(7) "Site selection organization" means:
(A) the Academy of Country Music;
(B) the Amateur Athletic Union;
(C) the Big 12 Conference;
(D) the College Football Playoff Administration,
LLC, or its successor;
(E) [(D)] the Commission on Presidential
Debates;
(F) [(E)] the Democratic National Committee;
(G) [(F)] Dorna Sports;
(H) [(G)] the Elite Rodeo Association;
(I) Encore Live;
(J) [(H)] ESPN or an affiliate;
(K) [(I)] the Federation Internationale de
Football Association (FIFA);
(L) [(J)] the International World Games
Association;
(M) [(K)] Major League Baseball;
(N) [(L)] Major League Soccer;
(O) [(M)] the National Association for Stock Car
Auto Racing (NASCAR);
(P) [(N)] the National Basketball Association;
(Q) [(O)] the National Collegiate Athletic
Association;
(R) [(P)] the National Cutting Horse
Association;
(S) [(Q)] the National Football League;
(T) [(R)] the National Hockey League;
(U) the National Reined Cow Horse Association
(NRCHA);
(V) [(S)] the Professional Rodeo Cowboys
Association;
(W) [(T)] the Republican National Committee;
(X) [(U)] the Ultimate Fighting Championship;
(Y) [(V)] the United States Golf Association;
(Z) [(W)] the United States Olympic Committee;
(AA) World Wrestling Entertainment; or
(BB) [(X)] the national governing body of a sport
that is recognized by:
(i) the Federation Internationale de
l'Automobile;
(ii) Formula One Management Limited;
(iii) the National Thoroughbred Racing
Association; or
(iv) the United States Olympic Committee.
(b) Section 1, Chapter 1223 (H.B. 2402), Acts of the 86th
Legislature, Regular Session, 2019, which amended Sections
5A(a)(4) and (5), Chapter 1507 (S.B. 456), Acts of the 76th
Legislature, Regular Session, 1999 (Article 5190.14, Vernon's
Texas Civil Statutes), is repealed.
SECTION 9.007. Section 478.0107, Government Code, as
effective April 1, 2021, is amended to codify text inadvertently
omitted from Chapter 301 (H.B. 4174), Acts of the 86th Legislature,
Regular Session, 2019, by adding Subsection (c) to read as follows:
(c) This section does not require disclosure of information
that is confidential under Chapter 552 or confidential or
privileged under other law.
SECTION 9.008. Section 497.010(c), Government Code, is
amended to conform to Section 16, Chapter 1250 (H.B. 4181), Acts of
the 86th Legislature, Regular Session, 2019, to read as follows:
(c) It is an exception to the application of this section
that the article or product sold is:
(1) a state flag or similar item produced for sale or
distribution by the legislature under Section 301.071 [301.034]; or
(2) a service provided under a contract for which the
Private Sector/Prison Industry Enhancement Certification Program
operated by the Bureau of Justice Assistance and authorized by 18
U.S.C. Section 1761 does not require certification.
SECTION 9.009. Section 531.0996(e), Government Code, as
added by Chapter 973 (S.B. 748), Acts of the 86th Legislature,
Regular Session, 2019, is amended to conform to the repeal of
Section 531.02176, Government Code, by Chapters 964 (S.B. 670) and
1061 (H.B. 1063), Acts of the 86th Legislature, Regular Session,
2019, to read as follows:
(e) The [Notwithstanding Section 531.02176, the] commission
may:
(1) provide home telemonitoring services and
necessary durable medical equipment to pilot program participants
who are at risk of experiencing pregnancy-related complications, as
determined by a physician, to the extent the commission anticipates
the services and equipment will reduce unnecessary emergency room
visits or hospitalizations; and
(2) reimburse providers under Medicaid for the
provision of home telemonitoring services and durable medical
equipment under the pilot program.
SECTION 9.010. Section 552.117(a), Government Code, as
reenacted and amended by Chapters 367 (H.B. 1351), 633 (S.B. 1494),
1146 (H.B. 2910), 1213 (S.B. 662), and 1245 (H.B. 2446), Acts of the
86th Legislature, Regular Session, 2019, is reenacted and amended
to read as follows:
(a) Information is excepted from the requirements of
Section 552.021 if it is information that relates to the home
address, home telephone number, emergency contact information, or
social security number of the following person or that reveals
whether the person has family members:
(1) a current or former official or employee of a
governmental body, except as otherwise provided by Section 552.024;
(2) a peace officer as defined by Article 2.12, Code of
Criminal Procedure, or a security officer commissioned under
Section 51.212, Education Code, regardless of whether the officer
complies with Section 552.024 or 552.1175, as applicable;
(3) a current or former employee of the Texas
Department of Criminal Justice or of the predecessor in function of
the department or any division of the department, regardless of
whether the current or former employee complies with Section
552.1175;
(4) a peace officer as defined by Article 2.12, Code of
Criminal Procedure, or other law, a reserve law enforcement
officer, a commissioned deputy game warden, or a corrections
officer in a municipal, county, or state penal institution in this
state who was killed in the line of duty, regardless of whether the
deceased complied with Section 552.024 or 552.1175;
(5) a commissioned security officer as defined by
Section 1702.002, Occupations Code, regardless of whether the
officer complies with Section 552.024 or 552.1175, as applicable;
(6) an officer or employee of a community supervision
and corrections department established under Chapter 76 who
performs a duty described by Section 76.004(b), regardless of
whether the officer or employee complies with Section 552.024 or
552.1175;
(7) a current or former employee of the office of the
attorney general who is or was assigned to a division of that office
the duties of which involve law enforcement, regardless of whether
the current or former employee complies with Section 552.024 or
552.1175;
(8) a current or former employee of the Texas Juvenile
Justice Department or of the predecessors in function of the
department, regardless of whether the current or former employee
complies with Section 552.024 or 552.1175;
(9) a current or former juvenile probation or
supervision officer certified by the Texas Juvenile Justice
Department, or the predecessors in function of the department,
under Title 12, Human Resources Code, regardless of whether the
current or former officer complies with Section 552.024 or
552.1175;
(10) a current or former employee of a juvenile
justice program or facility, as those terms are defined by Section
261.405, Family Code, regardless of whether the current or former
employee complies with Section 552.024 or 552.1175;
(11) a current or former member of the United States
Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
service of one of those branches of the armed forces, or the Texas
military forces, as that term is defined by Section 437.001;
(12) a current or former district attorney, criminal
district attorney, or county or municipal attorney whose
jurisdiction includes any criminal law or child protective services
matters, regardless of whether the current or former attorney
complies with Section 552.024 or 552.1175;
(13) a current or former employee of a district
attorney, criminal district attorney, or county or municipal
attorney whose jurisdiction includes any criminal law or child
protective services matters, regardless of whether the current or
former employee complies with Section 552.024 or 552.1175;
(14) a current or former employee of the Texas Civil
Commitment Office or of the predecessor in function of the office or
a division of the office, regardless of whether the current or
former employee complies with Section 552.024 or 552.1175; [or]
(15) a current or former federal judge or state judge,
as those terms are defined by Section 1.005, Election Code, or a
spouse of a current or former federal judge or state judge;
(16) a current or former child protective services
caseworker, adult protective services caseworker, or investigator
for the Department of Family and Protective Services, regardless of
whether the caseworker or investigator complies with Section
552.024 or 552.1175, or a current or former employee of a department
contractor performing child protective services caseworker, adult
protective services caseworker, or investigator functions for the
contractor on behalf of the department; [or]
(17) [(16)] a state officer elected statewide or a
member of the legislature, regardless of whether the officer or
member complies with Section 552.024 or 552.1175;
(18) [(16)] a current or former United States attorney
or assistant United States attorney and the spouse or child of the
attorney; or
(19) [(16)] a firefighter or volunteer firefighter or
emergency medical services personnel as defined by Section 773.003,
Health and Safety Code, regardless of whether the firefighter or
volunteer firefighter or emergency medical services personnel
comply with Section 552.024 or 552.1175, as applicable.
SECTION 9.011. Section 552.1175(a), Government Code, as
amended by Chapters 367 (H.B. 1351), 633 (S.B. 1494), 1146 (H.B.
2910), 1213 (S.B. 662), and 1245 (H.B. 2446), Acts of the 86th
Legislature, Regular Session, 2019, is reenacted and amended to
read as follows:
(a) This section applies only to:
(1) peace officers as defined by Article 2.12, Code of
Criminal Procedure, or special investigators as described by
Article 2.122, Code of Criminal Procedure;
(2) county jailers as defined by Section 1701.001,
Occupations Code;
(3) current or former employees of the Texas
Department of Criminal Justice or of the predecessor in function of
the department or any division of the department;
(4) commissioned security officers as defined by
Section 1702.002, Occupations Code;
(5) a current or former district attorney, criminal
district attorney, or county or municipal attorney whose
jurisdiction includes any criminal law or child protective services
matters;
(5-a) a current or former employee of a district
attorney, criminal district attorney, or county or municipal
attorney whose jurisdiction includes any criminal law or child
protective services matters;
(6) officers and employees of a community supervision
and corrections department established under Chapter 76 who perform
a duty described by Section 76.004(b);
(7) criminal investigators of the United States as
described by Article 2.122(a), Code of Criminal Procedure;
(8) police officers and inspectors of the United
States Federal Protective Service;
(9) current and former employees of the office of the
attorney general who are or were assigned to a division of that
office the duties of which involve law enforcement;
(10) current or former juvenile probation and
detention officers certified by the Texas Juvenile Justice
Department, or the predecessors in function of the department,
under Title 12, Human Resources Code;
(11) current or former employees of a juvenile justice
program or facility, as those terms are defined by Section 261.405,
Family Code;
(12) current or former employees of the Texas Juvenile
Justice Department or the predecessors in function of the
department;
(13) federal judges and state judges as defined by
Section 1.005, Election Code;
(14) current or former employees of the Texas Civil
Commitment Office or of the predecessor in function of the office or
a division of the office; [and]
(15) a current or former member of the United States
Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
service of one of those branches of the armed forces, or the Texas
military forces, as that term is defined by Section 437.001;
(16) [(15)] a current or former child protective
services caseworker, adult protective services caseworker, or
investigator for the Department of Family and Protective Services
or a current or former employee of a department contractor
performing child protective services caseworker, adult protective
services caseworker, or investigator functions for the contractor
on behalf of the department; [and]
(17) [(15)] state officers elected statewide and
members of the legislature; and
(18) [(15)] a firefighter or volunteer firefighter or
emergency medical services personnel as defined by Section 773.003,
Health and Safety Code.
SECTION 9.012. Sections 659.016(e) and (f), Government
Code, are amended to correct a reference to read as follows:
(e) A deduction may be made from the salary of an employee
who is exempt as an executive, professional, or administrative
employee under 29 U.S.C. Section 213(a)(1) if:
(1) the employee is not at work for a full day or
longer for personal reasons other than sickness, accident, jury
duty, attendance as a witness at a judicial proceeding, or
temporary military leave;
(2) the employee is not at work for a full day or
longer because of sickness or disability, including sickness or
disability covered by workers' compensation benefits, and the
employee's paid sick leave or workers' compensation benefits have
been exhausted;
(3) the deduction is a penalty imposed for a violation
of a significant safety rule relating to prevention of serious
danger in the workplace to other persons, including other
employees; or
(4) in accordance with the special provisions
applicable to executive, professional, or administrative employees
of public agencies set forth in 29 C.F.R. Section 541.710 [541.5d],
the employee is not at work for less than one day for personal
reasons or because of illness or injury and accrued leave is not
used by the employee because:
(A) permission to use accrued leave was not
sought or was denied;
(B) accrued leave has been exhausted; or
(C) the employee chooses to use leave without
pay.
(f) In accordance with 29 C.F.R. Section 541.710 [541.5d], a
deduction from the pay of an executive, professional, or
administrative employee because of an absence from work caused by a
furlough related to the budget does not affect the employee's
status as an employee paid on a salary basis, except for any
workweek in which the furlough occurs and for which the employee's
pay is accordingly reduced.
SECTION 9.013. Section 772.0064(i), Government Code, is
amended to conform to Chapter 469 (H.B. 4173), Acts of the 86th
Legislature, Regular Session, 2019, to read as follows:
(i) The task force shall:
(1) develop policy recommendations to allow the state
to:
(A) effectively coordinate funding for services
to child and adult survivors; and
(B) better prevent, investigate, and prosecute
incidents of sexual assault and other sex offenses;
(2) facilitate communication and cooperation between
state agencies that have duties relating to the prevention,
investigation, or prosecution of sexual assault or other sex
offenses or services provided to survivors in order to identify and
coordinate state resources available for assisting survivors;
(3) collect, analyze, and make publicly available
information, organized by region, regarding the prevention,
investigation, and prosecution of sexual assault and other sex
offenses and services provided to survivors, including a list of
SAFE-ready facilities designated under Section 323.0015, Health
and Safety Code;
(4) make and periodically update recommendations
regarding the collection, preservation, tracking, analysis, and
destruction of evidence in cases of sexual assault or other sex
offenses, including recommendations:
(A) to the attorney general regarding:
(i) evidence collection kits for use in the
collection and preservation of evidence of sexual assault or other
sex offenses;
(ii) protocols for the collection and
preservation of evidence of sexual assault or other sex offenses;
(iii) the curriculum for training programs
on collecting and preserving evidence of sexual assault and other
sex offenses; and
(iv) the requirements for certification of
sexual assault nurse examiners; and
(B) to other appropriate individuals or
organizations, regarding:
(i) the procedures for obtaining patient
authorization for forensic medical examinations of child and adult
survivors under Subchapters F and G, Chapter 56A [Articles 56.06
and 56.065], Code of Criminal Procedure;
(ii) the requirements for maintaining an
appropriate evidentiary chain of custody;
(iii) the identification and reporting of
untested evidence throughout the state; and
(iv) standards for the submission of
evidence to forensic laboratories for analysis, including
procedures for submitting evidence in cases for which no evidence
has been previously submitted or tested;
(5) advise and provide resources to the Texas
Commission on Law Enforcement and other law enforcement
organizations to improve law enforcement officer training related
to the investigation and documentation of cases involving sexual
assault and other sex offenses, with a focus on the interactions
between law enforcement officers and survivors;
(6) provide to law enforcement agencies, prosecutors,
and judges with jurisdiction over sexual assault or other sex
offense cases information and resources to maximize effective and
empathetic investigation, prosecution, and hearings, including
information and resources:
(A) regarding trauma-informed practices and the
dynamics and effects of sexual assault and other sex offenses on
child and adult survivors;
(B) intended to improve the understanding of and
the response to sexual assault or other sex offenses;
(C) regarding best practices in the
investigation and prosecution of sexual assault or other sex
offenses; and
(D) for judges regarding common issues in the
criminal trials of sexual assault and other sex offenses;
(7) biennially contract for a survey of the resources
provided to survivors by nonprofit organizations, health care
facilities, institutions of higher education, sexual assault
response teams, and other governmental entities in each region of
the state;
(8) make recommendations as necessary to improve the
collecting and reporting of data on the investigation and
prosecution of sexual assault and other sex offenses; and
(9) develop a statewide standard for best practices in
the funding and provision of services to survivors by nonprofit
organizations, health care facilities, institutions of higher
education, sexual assault response teams, and other governmental
entities.
SECTION 9.014. Section 2054.352(a), Government Code, as
amended by Chapters 467 (H.B. 4170), 768 (H.B. 1501), and 1232 (H.B.
1523), Acts of the 86th Legislature, Regular Session, 2019, is
reenacted to read as follows:
(a) The following licensing entities shall participate in
the system established under Section 2054.353:
(1) Texas Board of Chiropractic Examiners;
(2) Judicial Branch Certification Commission;
(3) State Board of Dental Examiners;
(4) Texas Funeral Service Commission;
(5) Texas Medical Board;
(6) Texas Board of Nursing;
(7) Texas Optometry Board;
(8) Department of Agriculture, for licenses issued
under Chapter 1951, Occupations Code;
(9) Texas State Board of Pharmacy;
(10) Executive Council of Physical Therapy and
Occupational Therapy Examiners;
(11) Texas State Board of Plumbing Examiners;
(12) Texas Behavioral Health Executive Council;
(13) State Board of Veterinary Medical Examiners;
(14) Texas Real Estate Commission;
(15) Texas Appraiser Licensing and Certification
Board;
(16) Texas Department of Licensing and Regulation;
(17) Texas State Board of Public Accountancy;
(18) State Board for Educator Certification;
(19) Texas Board of Professional Engineers and Land
Surveyors;
(20) Health and Human Services Commission;
(21) Texas Board of Architectural Examiners;
(22) Texas Racing Commission;
(23) Texas Commission on Law Enforcement; and
(24) Texas Private Security Board.
SECTION 9.015. Section 2400.0015, Government Code, as added
by Chapter 666 (S.B. 1978), Acts of the 86th Legislature, Regular
Session, 2019, is amended to conform to Section 21.009(35), Chapter
467 (H.B. 4170), Acts of the 86th Legislature, Regular Session,
2019, to read as follows:
Sec. 2400.0015. APPLICABILITY. This chapter does not apply
to an investment prohibited under Chapter 808 or a contract
prohibited under Chapter 2271 [2270, as added by Chapter 1 (H.B.
89), Acts of the 85th Legislature, Regular Session, 2017].
PART B. CHANGES RELATING TO THE SECURITIES ACT
SECTION 9.101. Section 4002.002, Government Code, as
effective January 1, 2022, is amended to conform to Section 1,
Chapter 772 (H.B. 1535), Acts of the 86th Legislature, Regular
Session, 2019, to read as follows:
Sec. 4002.002. SUNSET PROVISION. The State Securities
Board is subject to Chapter 325 (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the board is
abolished and this title expires September 1, 2031 [2019].
SECTION 9.102. Section 4002.058, Government Code, as
effective January 1, 2022, is amended to conform to Section 2,
Chapter 772 (H.B. 1535), Acts of the 86th Legislature, Regular
Session, 2019, by amending Subsection (b) and adding Subsection (d)
to read as follows:
(b) The training program must provide the person with
information regarding:
(1) the law governing [legislation that created the]
board operations;
(2) the programs, [operated by the board;
[(3) the role and] functions, rules, and budget of the
board;
(3) the scope of and limitations on the rulemaking
authority [(4) the rules] of the board[, with an emphasis on the
rules that relate to disciplinary and investigatory authority];
(4) the types of board rules, interpretations, and
enforcement actions that may implicate federal antitrust law by
limiting competition or impacting prices charged by persons engaged
in a profession or business the board regulates, including any
rule, interpretation, or enforcement action that:
(A) regulates the scope of practice of persons in
a profession or business the board regulates;
(B) restricts advertising by persons in a
profession or business the board regulates;
(C) affects the price of goods or services
provided by persons in a profession or business the board
regulates; or
(D) restricts participation in a profession or
business the board regulates;
(5) [the current budget for the board;
[(6)] the results of the most recent formal audit of
the board;
(6) [(7)] the requirements of:
(A) laws relating to [the] open meetings, [law,
Chapter 551;
[(B) the] public information [law], [Chapter
552;
[(C) the] administrative procedure [law],
[Chapter 2001;] and disclosing conflicts of interest; and
(B) [(D)] other laws applicable [relating] to
members of a state policymaking body in performing their duties
[public officials, including conflict-of-interest laws]; and
(7) [(8)] any applicable ethics policies adopted by
the board or the Texas Ethics Commission.
(d) The commissioner shall create a training manual that
includes the information required by Subsection (b). The
commissioner shall distribute a copy of the training manual
annually to each member of the board. Each member of the board shall
sign and submit to the commissioner a statement acknowledging that
the member received and has reviewed the training manual.
SECTION 9.103. Sections 4002.107 and 4007.051, Government
Code, as effective January 1, 2022, are amended to conform to
Section 3, Chapter 772 (H.B. 1535), Acts of the 86th Legislature,
Regular Session, 2019, to read as follows:
Sec. 4002.107. WRITTEN EMPLOYEE COMPLAINT PROCEDURE. (a)
The commissioner or the commissioner's designee shall maintain a
system to promptly and efficiently act [file] on complaints [each
written complaint] filed with the commissioner or board concerning
an employee or former employee. The commissioner or the
commissioner's designee shall maintain [The file must include] the
information listed in Section 4007.051 for files maintained under
that section for complaints against persons registered under this
title.
(b) The commissioner or the commissioner's designee shall
make information available describing [provide to the person filing
the complaint and to each person who is a subject of the complaint a
copy of] the board's [policies and] procedures for [relating to]
complaint investigation and resolution.
(c) The commissioner or the commissioner's designee[, at
least quarterly until final disposition of the complaint,] shall
periodically notify the [person filing the] complaint parties [and
each person who is a subject of the complaint] of the status of the
complaint until final disposition [investigation] unless the
notice would jeopardize a law enforcement [an undercover]
investigation.
Sec. 4007.051. COMPLAINTS FILED WITH COMMISSIONER OR BOARD.
(a) The commissioner or the commissioner's designee shall maintain
a system to promptly and efficiently act [file] on complaints [each
written complaint] filed with the commissioner or board concerning
a person registered under this title. The commissioner or the
commissioner's designee shall maintain information about parties
to the complaint, the subject matter of the complaint, a summary of
the results of the review or investigation of the complaint, and its
disposition [The file must include:
[(1) the name of the person who filed the complaint;
[(2) the date the complaint was received by the
commissioner or board;
[(3) the subject matter of the complaint;
[(4) the name of each person contacted in relation to
the complaint;
[(5) a summary of the results of the review or
investigation of the complaint; and
[(6) an explanation of the reason the file was closed,
if the commissioner closed the file without taking action other
than the investigation of the complaint].
(b) The commissioner or the commissioner's designee shall
make information available describing [provide to the person filing
the complaint and to each person who is a subject of the complaint a
copy of] the board's [policies and] procedures for [relating to]
complaint investigation and resolution.
(c) The commissioner or the commissioner's designee[, at
least quarterly until final disposition of the complaint,] shall
periodically notify the [person filing the] complaint parties [and
each person who is a subject of the complaint] of the status of the
complaint until final disposition [investigation,] unless the
notice would jeopardize a law enforcement [an undercover]
investigation.
SECTION 9.104. Subchapter D, Chapter 4002, Government Code,
as effective January 1, 2022, is amended to conform to Section 4,
Chapter 772 (H.B. 1535), Acts of the 86th Legislature, Regular
Session, 2019, by adding Section 4002.1535 to read as follows:
Sec. 4002.1535. ALTERNATIVE RULEMAKING AND DISPUTE
RESOLUTION. (a) The board shall develop a policy to encourage the
use of:
(1) negotiated rulemaking procedures under Chapter
2008 for the adoption of board rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009 to assist in the resolution of
internal and external disputes under the board's jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) provide training as needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures.
SECTION 9.105. Section 4002.163, Government Code, as
effective January 1, 2022, is amended to conform to Section 1,
Chapter 772 (H.B. 1535), Acts of the 86th Legislature, Regular
Session, 2019, to read as follows:
Sec. 4002.163. ANNUAL REPORT. On or before January 1 of
each year, the board, with the advice of the commissioner, shall
report to the governor and the presiding officer of each house of
the legislature about the administration of this title and plans
and needs for future securities regulation. The report must
include:
(1) a detailed accounting of all funds received and
disbursed by the board during the preceding year, including the
amount spent by the board assisting in the criminal prosecution of
cases under Section 4007.001(e); and
(2) with respect to cases referred during the
preceding year by the board under Section 4007.001(c), a breakdown
by county and district attorney of the number of cases where:
(A) criminal charges were filed;
(B) prosecution is ongoing; or
(C) prosecution was completed.
SECTION 9.106. Section 4004.351(2), Government Code, as
effective January 1, 2022, is amended to conform to Section
21.001(19), Chapter 467 (H.B. 4170), Acts of the 86th Legislature,
Regular Session, 2019, to read as follows:
(2) "Exploitation," "financial exploitation," and
"vulnerable adult" have the meanings assigned by Section 281.001
[280.001], Finance Code.
SECTION 9.107. Section 4006.054, Government Code, as
effective January 1, 2022, is amended to conform to Section 7,
Chapter 772 (H.B. 1535), Acts of the 86th Legislature, Regular
Session, 2019, to read as follows:
Sec. 4006.054. AMENDMENT OR DUPLICATE OF REGISTRATION
CERTIFICATE OR EVIDENCE OF REGISTRATION[; REGISTRATION OF BRANCH
OFFICE]. The commissioner or board shall charge and collect a fee
of $25 for a filing to:
(1) amend the registration certificate of a dealer or
investment adviser or the evidence of registration of an agent or
investment adviser representative; or
(2) issue a duplicate certificate or evidence of
registration[; or
[(3) register a branch office].
SECTION 9.108. Section 4007.001, Government Code, as
effective January 1, 2022, is amended to conform to Section 5,
Chapter 772 (H.B. 1535), Acts of the 86th Legislature, Regular
Session, 2019, by adding Subsections (e), (f), (g), (h), and (i) to
read as follows:
(e) Subject to Subsection (h), the board may provide
assistance to a county or district attorney who requests assistance
in a criminal prosecution involving an alleged violation of this
title that is referred by the board to the attorney under Subsection
(c).
(f) Before referring a case to a county or district attorney
for prosecution as required by Subsection (c), the commissioner
shall make a determination of:
(1) the potential resources of the board, including
the number and types of board employees, that would be needed to
assist in the prosecution of the case; and
(2) the availability of board employees and other
resources necessary to carry out any request for assistance.
(g) The board by rule shall establish a process to enable
the commissioner to determine whether to provide any requested
assistance to the appropriate prosecuting attorney following
referral of a case under Subsection (c) and, if so, the appropriate
amount of such assistance. The rules must require the commissioner
to consider:
(1) whether resources are available after taking into
account any ongoing board investigations, investigations under
Section 4007.053, and criminal prosecutions for which assistance is
being provided;
(2) the seriousness of the alleged violation or
violations in the case, including the severity of the harm and
number of victims involved; and
(3) the state's interest in the prosecution of a
particular case and the availability of other methods of redress
for the alleged violations, including the pursuit of a civil
action.
(h) In response to a request for assistance under Subsection
(e), the board may provide only those board employees or resources,
if any, determined to be available for that case in accordance with
Subsection (f). If a change in circumstances occurs after the time
of the determination under Subsection (f), the commissioner may
reconsider the commissioner's determination under that subsection
and may increase or reduce the number of board employees or other
resources to be made available for a case using the process
established under Subsection (g).
(i) The attorney general, at least biennially, shall review
a sample of criminal cases for which the board provided requested
assistance to county or district attorneys under this section. The
review must include an evaluation of the pre-referral determination
of available resources to support each case being reviewed as
required by Subsection (f) and any subsequent determination of
those resources made by the commissioner as authorized under
Subsection (h). The attorney general may report any concerns the
attorney general has in connection with the board's provision of
assistance to the standing committee of each house of the
legislature with primary jurisdiction over board matters.
SECTION 9.109. Subchapter C, Chapter 4007, Government Code,
as effective January 1, 2022, is amended to conform to Section 6,
Chapter 772 (H.B. 1535), Acts of the 86th Legislature, Regular
Session, 2019, by adding Section 4007.108 to read as follows:
Sec. 4007.108. REFUND. (a) Subject to Subsection (b), the
commissioner may order a dealer, agent, investment adviser, or
investment adviser representative regulated under this title to pay
a refund to a client or a purchaser of securities or services from
the person or company as provided in an agreed order or an
enforcement order instead of or in addition to imposing an
administrative penalty or other sanctions.
(b) The amount of a refund ordered as provided in an agreed
order or an enforcement order may not exceed the amount the client
or purchaser paid to the dealer, agent, investment adviser, or
investment adviser representative for a service or transaction
regulated by the board. The commissioner may not require payment of
other damages or estimate harm in a refund order.
SECTION 9.110. Sections 1 through 7, Chapter 772 (H.B.
1535), Acts of the 86th Legislature, Regular Session, 2019, which
amended The Securities Act (Article 581-1 et seq., Vernon's Texas
Civil Statutes), are repealed.
SECTION 9.111. The heading to Title 19, Vernon's Texas
Civil Statutes, is repealed.
SECTION 9.112. This part takes effect January 1, 2022.
ARTICLE 10. CHANGES RELATING TO HEALTH AND SAFETY CODE
SECTION 10.001. Section 34.0158, Health and Safety Code, as
added by Chapter 514 (S.B. 436), Acts of the 86th Legislature,
Regular Session, 2019, is redesignated as Section 34.01581, Health
and Safety Code, and amended to conform to Chapter 601 (S.B. 750),
Acts of the 86th Legislature, Regular Session, 2019, to read as
follows:
Sec. 34.01581 [34.0158]. OPIOID USE DISORDER MATERNAL AND
NEWBORN HEALTH INITIATIVES. (a) The department, in collaboration
with the review committee [task force], shall develop and implement
initiatives to:
(1) improve screening procedures to better identify
and care for women with opioid use disorder;
(2) improve continuity of care for women with opioid
use disorder by ensuring that health care providers refer the women
to appropriate treatment and verify the women receive the
treatment;
(3) optimize health care provided to pregnant women
with opioid use disorder;
(4) optimize health care provided to newborns with
neonatal abstinence syndrome by encouraging maternal engagement;
(5) increase access to medication-assisted treatment
for women with opioid use disorder during pregnancy and the
postpartum period; and
(6) prevent opioid use disorder by reducing the number
of opioid drugs prescribed before, during, and following a
delivery.
(b) Before implementing the initiatives described by
Subsection (a), the department may conduct a limited pilot program
in one or more geographic areas of this state to implement the
initiatives at hospitals licensed under Chapter 241 with expertise
in caring for newborns with neonatal abstinence syndrome or related
conditions. The pilot program must conclude not later than March 1,
2020. This subsection expires September 1, 2021.
(c) Using existing resources, the department, in
collaboration with the review committee [task force], shall promote
and facilitate the use among health care providers in this state of
maternal health informational materials, including tools and
procedures related to best practices in maternal health to improve
obstetrical care for women with opioid use disorder.
SECTION 10.002. Section 34.020(e), Health and Safety Code,
as added by Chapter 973 (S.B. 748), Acts of the 86th Legislature,
Regular Session, 2019, is amended to conform to the repeal of
Section 531.02176, Government Code, by Chapters 964 (S.B. 670) and
1061 (H.B. 1063), Acts of the 86th Legislature, Regular Session,
2019, to read as follows:
(e) If [Notwithstanding Section 531.02176, Government Code,
and if] the commission determines it is feasible and
cost-effective, the commission may:
(1) provide home telemonitoring services and
necessary durable medical equipment to women participating in the
program to the extent the commission anticipates the services and
equipment will reduce unnecessary emergency room visits or
hospitalizations; and
(2) reimburse providers under Medicaid for the
provision of home telemonitoring services and durable medical
equipment under the program.
SECTION 10.003. Section 241.1031(a), Health and Safety
Code, is amended to conform to Chapter 469 (H.B. 4173), Acts of the
86th Legislature, Regular Session, 2019, to read as follows:
(a) A hospital may not destroy a medical record from the
forensic medical examination of a sexual assault victim conducted
under Subchapter F or G, Chapter 56A [Article 56.06 or 56.065], Code
of Criminal Procedure, until the 20th anniversary of the date the
record was created.
SECTION 10.004. (a) Section 254.156, Health and Safety
Code, as added by Chapter 1062 (H.B. 1112), Acts of the 86th
Legislature, Regular Session, 2019, is repealed as duplicative of
Section 254.158, Health and Safety Code, as added by Chapter 1093
(H.B. 2041), Acts of the 86th Legislature, Regular Session, 2019.
(b) Sections 254.203(a) and (b), Health and Safety Code, as
amended by Chapters 1062 (H.B. 1112) and 1093 (H.B. 2041), Acts of
the 86th Legislature, Regular Session, 2019, are reenacted to read
as follows:
(a) The department may petition a district court for a
temporary restraining order to restrain a continuing violation of
the standards or licensing requirements provided under this chapter
or of Section 254.158 if the department finds that the violation
creates an immediate threat to the health and safety of the patients
of a facility or of the public.
(b) A district court, on petition of the department and on a
finding by the court that a person is violating the standards or
licensing requirements provided under this chapter or is violating
Section 254.158, may by injunction:
(1) prohibit a person from continuing the violation;
(2) restrain or prevent the establishment or operation
of a facility without a license issued under this chapter; or
(3) grant any other injunctive relief warranted by the
facts.
SECTION 10.005. Section 323.005(a), Health and Safety Code,
as amended by Chapters 408 (H.B. 8), 469 (H.B. 4173), and 1037 (H.B.
616), Acts of the 86th Legislature, Regular Session, 2019, is
reenacted and further amended to conform to Chapter 469 (H.B.
4173), Acts of the 86th Legislature, Regular Session, 2019, to read
as follows:
(a) The department shall develop a standard information
form for sexual assault survivors that must include:
(1) a detailed explanation of the forensic medical
examination required to be provided by law, including a statement
that photographs may be taken of the genitalia;
(2) information regarding treatment of sexually
transmitted infections and pregnancy, including:
(A) generally accepted medical procedures;
(B) appropriate medications; and
(C) any contraindications of the medications
prescribed for treating sexually transmitted infections and
preventing pregnancy;
(3) information regarding drug-facilitated sexual
assault, including the necessity for an immediate urine test for
sexual assault survivors who may have been involuntarily drugged;
(4) information regarding crime victims compensation,
including:
(A) a statement that public agencies are
responsible for paying for the forensic portion of an examination
conducted under Subchapter F or G, Chapter 56A [Article 56.06 or
56.065], Code of Criminal Procedure, and for the evidence
collection kit used in connection with the examination and that the
health care facility or provider, as applicable, is responsible for
seeking reimbursement for those costs; and
(B) information regarding the reimbursement of
the survivor for the medical portion of the examination;
(5) an explanation that consent for the forensic
medical examination may be withdrawn at any time during the
examination;
(6) the name and telephone number of sexual assault
crisis centers statewide; and
(7) information regarding postexposure prophylaxis
for HIV infection.
SECTION 10.006. Section 323.0052(a), Health and Safety
Code, is amended to conform to Chapter 469 (H.B. 4173), Acts of the
86th Legislature, Regular Session, 2019, to read as follows:
(a) The department shall develop a standard information
form that, as described by Subsection (b), is to be provided to
sexual assault survivors who have not given signed, written consent
to a health care facility to release the evidence as provided by
Section 420.0735, Government Code. The form must include the
following information:
(1) the Department of Public Safety's policy regarding
storage of evidence of a sexual assault or other sex offense that is
collected under Subchapter G, Chapter 56A [Article 56.065], Code of
Criminal Procedure, including:
(A) a statement that the evidence will be stored
until the fifth anniversary of the date on which the evidence was
collected before the evidence becomes eligible for destruction; and
(B) the department's procedures regarding the
notification of the survivor before a planned destruction of the
evidence;
(2) a statement that the survivor may request the
release of the evidence to a law enforcement agency and report a
sexual assault or other sex offense to the agency at any time;
(3) the name, phone number, and e-mail address of the
law enforcement agency with jurisdiction over the offense; and
(4) the name and phone number of a local rape crisis
center.
SECTION 10.007. Section 382.05155(d), Health and Safety
Code, as amended by Chapters 393 (S.B. 698) and 1173 (H.B. 3317),
Acts of the 86th Legislature, Regular Session, 2019, is reenacted
to read as follows:
(d) The commission by rule may add a surcharge to an
application fee assessed under this chapter for an expedited
application in an amount sufficient to cover the expenses incurred
by the expediting, including overtime, costs of full-time
equivalent commission employees to support the expedited
processing of air permit applications, contract labor, and other
costs. The surcharge is considered part of the application fee and
shall be deposited with the fee to the credit of the clean air
account established under Section 382.0622(b). Money from the
surcharge collected under this section may be used to support the
expedited processing of air permit applications under this section.
SECTION 10.008. Section 780.003(b), Health and Safety Code,
as amended by Chapters 372 (H.B. 1631) and 1094 (H.B. 2048), Acts of
the 86th Legislature, Regular Session, 2019, is reenacted and
amended and further amended to conform to Chapter 594 (S.B. 604),
Acts of the 86th Legislature, Regular Session, 2019, to read as
follows:
(b) The account is composed of money deposited to the credit
of the account under Sections 542.4031, [and] 709.002, and
1006.153, Transportation Code, [under Section 10, Article
4413(37), Revised Statutes,] and under Section 780.002 of this
code.
SECTION 10.009. Section 1001.205, Health and Safety Code,
as amended by Chapters 1327 (H.B. 4429), 352 (H.B. 18), and 755
(H.B. 1070), Acts of the 86th Legislature, Regular Session, 2019,
is reenacted and amended to read as follows:
Sec. 1001.205. REPORTS. (a) Not later than September 30 of
each year, a local mental health authority shall provide to the
department the number of:
(1) employees and contractors of the authority who
were trained as mental health first aid trainers under Section
1001.202 during the preceding fiscal year, the number of trainers
who left the program for any reason during the preceding fiscal
year, and the number of active trainers;
(2) university employees, school district employees,
and school resource officers who completed a mental health first
aid training program offered by the authority under Section
1001.203 during the preceding fiscal year categorized by local
mental health authority region, university or school district, as
applicable, and category of personnel;
(3) individuals who are not university employees,
school district employees, or school resource officers who
completed a mental health first aid training program offered by the
authority during the preceding fiscal year; and
(4) veterans and immediate family members of veterans
who completed the veterans module of a mental health first aid
training program offered by the authority during the preceding
fiscal year.
(b) Not later than December 1 of each year, the department
shall compile the information submitted by local mental health
authorities as required by Subsection (a) and submit a report to the
legislature containing:
(1) the number of authority employees and contractors
trained as mental health first aid trainers during the preceding
fiscal year, the number of trainers who left the program for any
reason during the preceding fiscal year, and the number of active
trainers;
(2) the number of university employees, school
district employees, and school resource officers who completed a
mental health first aid training program provided by an authority
during the preceding fiscal year categorized by local mental health
authority region, university or school district, as applicable, and
category of personnel;
(3) the number of individuals who are not university
employees, school district employees, or school resource officers
who completed a mental health first aid training program provided
by an authority during the preceding fiscal year; [and]
(4) veterans and immediate family members of veterans
who completed the veterans module of a mental health first aid
training program provided by an authority during the preceding
fiscal year; and
(5) [(4)] a detailed accounting of expenditures of
money appropriated for the purpose of implementing this subchapter.
(c) The department shall develop and provide to local mental
health authorities a form to be used for the reporting of
information required under Subsection (a), including the reporting
of each category of personnel described by that subsection.
ARTICLE 11. CHANGES RELATING TO HUMAN RESOURCES CODE
SECTION 11.001. Section 45.002(5), Human Resources Code, is
amended to conform to Chapter 319 (S.B. 11), Acts of the 85th
Legislature, Regular Session, 2017, to read as follows:
(5) "Governmental entity" means:
(A) this state or a municipality or other
political subdivision of this state;
(B) any agency of this state or of a municipality
or other political subdivision of this state, including a
department, bureau, board, commission, office, agency, council,
and public institution of higher education; or
(C) a single source continuum contractor in this
state providing services identified under Section 264.153
[264.126], Family Code.
ARTICLE 12. CHANGES RELATING TO INSURANCE CODE
SECTION 12.001. Section 2210.2515(i), Insurance Code, is
amended to conform to the amendment of Chapter 1001, Occupations
Code, by Chapter 1232 (H.B. 1523), Acts of the 86th Legislature,
Regular Session, 2019, to read as follows:
(i) The department is authorized to submit a formal
complaint under Chapter 1001, Occupations Code, to the Texas Board
of Professional Engineers and Land Surveyors related to the
engineering work of a professional engineer as reflected in the
sealed post-construction evaluation report or other materials
submitted by an engineer under Subsection (c).
SECTION 12.002. Sections 2210.581(a) and (b), Insurance
Code, as amended by Chapters 140 (H.B. 1944) and 790 (H.B. 1900),
Acts of the 86th Legislature, Regular Session, 2019, are reenacted
and amended to read as follows:
(a) Subject to Subsection (b), the commissioner, on a
showing of good cause, may by rule:
(1) extend any deadline established under this
subchapter; and
(2) set the length of the extension [and set the number
of days by which the deadline is extended].
(b) With reference to [The] deadlines applicable to the
association only, all deadline extensions related to claims arising
from an occurrence [storm] may not exceed 120 days in the aggregate
[for deadlines applicable only to the association]. This subsection
does not affect the extension of a deadline applicable to a claimant
or to both the association and a claimant. [The limitation on
extensions under this subsection does not apply to the extension of
a deadline imposed on a claimant, or on both a claimant and the
association.]
SECTION 12.003. Section 2210.581(d), Insurance Code, as
added by Chapter 140 (H.B. 1944), Acts of the 86th Legislature,
Regular Session, 2019, is repealed as duplicative of Section
2210.581(d), Insurance Code, as added by Chapter 790 (H.B. 1900),
Acts of the 86th Legislature, Regular Session, 2019.
ARTICLE 13. CHANGES RELATING TO NATURAL RESOURCES CODE
SECTION 13.001. Section 51.402(c), Natural Resources Code,
as amended by Chapters 493 (H.B. 4388) and 524 (S.B. 608), Acts of
the 86th Legislature, Regular Session, 2019, is reenacted to read
as follows:
(c) On January 1 of each even-numbered year, the market
value of the investments made under Subsections (a)(6) and (8) may
not exceed an amount that is equal to 15 percent of the market value
of the assets held by the board and the State Board of Education as
part of the permanent school fund.
ARTICLE 14. CHANGES RELATING TO OCCUPATIONS CODE
SECTION 14.001. Section 51.252(e), Occupations Code, as
added by Chapter 289 (H.B. 2452), Acts of the 86th Legislature,
Regular Session, 2019, is repealed as duplicative of Section
51.252(e), Occupations Code, as added by Chapter 1144 (H.B. 2847),
Acts of the 86th Legislature, Regular Session, 2019.
SECTION 14.002. Section 153.003(b), Occupations Code, is
amended to conform to Chapter 469 (H.B. 4173), Acts of the 86th
Legislature, Regular Session, 2019, to read as follows:
(b) The rules adopted under this section must prohibit a
physician from destroying a medical record from the forensic
medical examination of a sexual assault victim conducted under
Subchapter F or G, Chapter 56A [Article 56.06 or 56.065], Code of
Criminal Procedure, until the 20th anniversary of the date the
record was created.
SECTION 14.003. Sections 503.207(c) and (d) and 505.205(d)
and (e), Occupations Code, as added by Chapter 91 (H.B. 125), Acts
of the 86th Legislature, Regular Session, 2019, are repealed as
duplicative of Sections 507.160(c) and (d), Occupations Code, as
added by Chapter 768 (H.B. 1501), Acts of the 86th Legislature,
Regular Session, 2019.
SECTION 14.004. Section 2022.001(b), Occupations Code, as
added by Chapter 963 (S.B. 1969), Acts of the 85th Legislature,
Regular Session, 2017, is amended to conform to Chapter 131 (H.B.
1106), Acts of the 85th Legislature, Regular Session, 2017, to read
as follows:
(b) The ex officio members are:
(1) the chair of the Public Safety Commission, or a
member of the Public Safety Commission designated by the chair; and
(2) the commissioner of agriculture or the
commissioner's [comptroller or the comptroller's] designee.
SECTION 14.005. Section 2301.476(a)(2), Occupations Code,
is amended to conform to Chapters 1233 (H.B. 1548) and 882 (H.B.
3171), Acts of the 86th Legislature, Regular Session, 2019, to read
as follows:
(2) "Type of motor vehicle" means the classification
of a motor vehicle as one of the following:
(A) a passenger car or a truck, including a
pickup truck, van, panel delivery truck, or a carryall truck, with a
gross vehicle weight rating of 14,000 pounds or less that is used
primarily to transport persons or property;
(B) a motorcycle or motor-driven cycle, which
includes:
(i) an all-terrain vehicle, as defined by
Section 551A.001 [502.001], Transportation Code;
(ii) a recreational off-highway vehicle, as
defined by Section 551A.001 [502.001], Transportation Code;
(iii) an autocycle, as defined by Section
501.008, Transportation Code;
(iv) a moped, as defined by Section
541.201, Transportation Code; or
(v) a motorcycle, as defined by Section
541.201, Transportation Code; [or
[(vi) a motor-driven cycle, as defined by
Section 541.201, Transportation Code;]
(C) an engine, transmission, or rear axle, as
described by Section 2301.002(23)(C);
(D) a medium-duty or heavy-duty truck with a
gross vehicle weight rating of more than 14,000 pounds;
(E) a bus, as defined by Section 541.201,
Transportation Code;
(F) a road tractor or truck tractor, as defined
by Section 541.201, Transportation Code;
(G) a firefighting vehicle; or
(H) a recreational vehicle, which includes:
(i) a motor home;
(ii) a towable recreational vehicle;
(iii) a travel trailer, as defined by
Section 501.002, Transportation Code; or
(iv) a house trailer, as defined by Section
501.002, Transportation Code.
ARTICLE 15. CHANGES RELATING TO PARKS AND WILDLIFE CODE
SECTION 15.001. Section 11.032(b), Parks and Wildlife Code,
as amended by Chapters 174 (H.B. 1300) and 426 (S.B. 733), Acts of
the 86th Legislature, Regular Session, 2019, is reenacted and
amended to read as follows:
(b) The department shall deposit to the credit of the game,
fish, and water safety account all revenue, less allowable costs,
from the following sources:
(1) all types of fishing licenses and stamps and
shrimping licenses;
(2) all types of hunting licenses and stamps;
(3) trapping licenses and other licenses relating to
the taking, propagation, and sale of fur-bearing animals or their
pelts;
(4) sale of marl, sand, gravel, shell, and mudshell;
(5) oyster bed rentals and permits;
(6) federal funds received for fish and wildlife
research, management, development and conservation, resource
protection, and law enforcement, unless the funds are received for
the specific purposes of Subchapter F, Chapter 77;
(7) sale of property, less advertising costs,
purchased from this account or a special fund or account that is now
part of this account;
(8) fines and penalties collected for violations of a
law pertaining to the protection and conservation of wild birds,
wild fowl, wild animals, fish, shrimp, oysters, game birds and
animals, fur-bearing animals, alligators, and any other wildlife
resources of this state;
(9) sale of rough fish by the department;
(10) fees for importation permits;
(11) fees from supplying fish for or placing fish in
water located on private property;
(12) sale of seized pelts;
(13) sale or lease of grazing rights to and the
products from game preserves, sanctuaries, and management areas;
(14) contracts for the removal of fur-bearing animals
and reptiles from wildlife management areas;
(15) vessel registration fees;
(16) vessel manufacturer or dealer licensing fees;
(17) fines or penalties imposed by a court for
violation of water safety laws contained in Chapter 31 of this code;
(18) alligator hunter's or alligator buyer's licenses;
(19) sale of alligators or any part of an alligator by
the department;
(20) fees and revenue collected under Section
11.027(b) or (c) of this code that are associated with the
conservation of fish and wildlife;
(21) fees related to cultivated oyster mariculture;
(22) vessel and outboard motor titling fees; [and]
(23) participation fees collected under Section
43.976; and
(24) [(23)] any other source provided by law.
ARTICLE 16. CHANGES RELATING TO PENAL CODE
SECTION 16.001. Sections 12.50(b) and (c), Penal Code, as
amended by Chapters 418 (S.B. 201) and 1058 (H.B. 1028), Acts of the
86th Legislature, Regular Session, 2019, are reenacted to read as
follows:
(b) The increase in punishment authorized by this section
applies only to an offense under:
(1) Section 22.01;
(2) Section 28.02;
(3) Section 29.02;
(4) Section 30.02;
(5) Section 30.03;
(6) Section 30.04;
(7) Section 30.05; and
(8) Section 31.03.
(c) If an offense listed under Subsection (b)(1), (5), (6),
(7), or (8) is punishable as a Class A misdemeanor, the minimum term
of confinement for the offense is increased to 180 days. If an
offense listed under Subsection (b)(2), (4), or (8) is punishable
as a felony of the first degree, the punishment for that offense may
not be increased under this section.
SECTION 16.002. Section 22.011(f), Penal Code, as amended
by Chapters 436 (S.B. 1259) and 738 (H.B. 667), Acts of the 86th
Legislature, Regular Session, 2019, is reenacted and amended to
read as follows:
(f) An offense under this section is a felony of the second
degree, except that an offense under this section is:
(1) a felony of the first degree if the victim was:
(A) [(1)] a person whom the actor was prohibited
from marrying or purporting to marry or with whom the actor was
prohibited from living under the appearance of being married under
Section 25.01; or
(B) [(2)] a person with whom the actor was
prohibited from engaging in sexual intercourse or deviate sexual
intercourse under Section 25.02; or
(2) a state jail felony if the offense is committed
under Subsection (a)(1) and the actor has not received express
consent as described by Subsection (b)(12).
SECTION 16.003. Section 25.07(g), Penal Code, is amended to
conform to Chapter 469 (H.B. 4173), Acts of the 86th Legislature,
Regular Session, 2019, to read as follows:
(g) An offense under this section is a Class A misdemeanor,
except the offense is:
(1) subject to Subdivision (2), a state jail felony if
it is shown at the trial of the offense that the defendant violated
an order issued as a result of an application filed under Article
7B.001(a-1) [7A.01(a-1)], Code of Criminal Procedure; or
(2) a felony of the third degree if it is shown on the
trial of the offense that the defendant:
(A) has previously been convicted two or more
times of an offense under this section or two or more times of an
offense under Section 25.072, or has previously been convicted of
an offense under this section and an offense under Section 25.072;
or
(B) has violated the order or condition of bond
by committing an assault or the offense of stalking.
SECTION 16.004. Section 37.09(c-1), Penal Code, is amended
to correct a reference to read as follows:
(c-1) It is a defense to prosecution under Subsection (a) or
(d)(1) that the record, document, or thing was visual material
prohibited under Section 43.261 that was destroyed as described by
Subsection (f)(3) [(f)(3)(B)] of that section.
SECTION 16.005. Section 46.15(h), Penal Code, is amended to
conform to Chapter 216 (H.B. 446), Acts of the 86th Legislature,
Regular Session, 2019, to read as follows:
(h) The provisions of Section [Sections 46.02 and] 46.03
prohibiting the possession or carrying of a club do not apply to a
code enforcement officer who:
(1) holds a certificate of registration issued under
Chapter 1952, Occupations Code; and
(2) possesses or carries an instrument used
specifically for deterring an animal bite while the officer is:
(A) performing official duties; or
(B) traveling to or from a place of duty.
ARTICLE 17. CHANGES RELATING TO PROPERTY CODE
SECTION 17.001. Section 74.501(e), Property Code, as
amended by Chapters 267 (S.B. 1420) and 897 (H.B. 3598), Acts of the
86th Legislature, Regular Session, 2019, is reenacted to read as
follows:
(e) Except as provided by Subsection (f) or Section 551.051,
Estates Code, the comptroller may not pay to the following persons a
claim to which this section applies:
(1) a creditor, a judgment creditor, a lienholder, or
an assignee of the reported owner or of the owner's heirs;
(2) a person holding a power of attorney from the
reported owner or the owner's heirs; or
(3) a person attempting to make a claim on behalf of a
corporation that was previously forfeited, dissolved, or
terminated, if the comptroller finds that:
(A) the corporation was revived for the purpose
of making a claim under this section; and
(B) the person submitting the claim was not an
authorized representative of the corporation at the time of the
corporation's forfeiture, dissolution, or termination.
ARTICLE 18. CHANGES RELATING TO SPECIAL DISTRICT LOCAL LAWS CODE
SECTION 18.001. Section 5012.0003, Special District Local
Laws Code, is amended to correct a reference to read as follows:
Sec. 5012.0003. AUTHORITY TERRITORY. The authority is
composed of the territory in Jefferson County described by Section
1, Chapter 379, Acts of the 63rd Legislature, Regular Session,
1973, as that territory may have been modified under:
(1) Subchapter H, Chapter 62, Water Code; or
(2) other law.
ARTICLE 19. CHANGES RELATING TO TAX CODE
SECTION 19.001. Section 25.025(a), Tax Code, as amended by
Chapters 467 (H.B. 4170), 469 (H.B. 4173), 633 (S.B. 1494), 1213
(S.B. 662), and 1245 (H.B. 2446), Acts of the 86th Legislature,
Regular Session, 2019, is reenacted and amended to read as follows:
(a) This section applies only to:
(1) a current or former peace officer as defined by
Article 2.12, Code of Criminal Procedure, and the spouse or
surviving spouse of the peace officer;
(2) the adult child of a current peace officer as
defined by Article 2.12, Code of Criminal Procedure;
(3) a county jailer as defined by Section 1701.001,
Occupations Code;
(4) an employee of the Texas Department of Criminal
Justice;
(5) a commissioned security officer as defined by
Section 1702.002, Occupations Code;
(6) an individual who shows that the individual, the
individual's child, or another person in the individual's household
is a victim of family violence as defined by Section 71.004, Family
Code, by providing:
(A) a copy of a protective order issued under
Chapter 85, Family Code, or a magistrate's order for emergency
protection issued under Article 17.292, Code of Criminal Procedure;
or
(B) other independent documentary evidence
necessary to show that the individual, the individual's child, or
another person in the individual's household is a victim of family
violence;
(7) an individual who shows that the individual, the
individual's child, or another person in the individual's household
is a victim of sexual assault or abuse, stalking, or trafficking of
persons by providing:
(A) a copy of a protective order issued under
Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a
magistrate's order for emergency protection issued under Article
17.292, Code of Criminal Procedure; or
(B) other independent documentary evidence
necessary to show that the individual, the individual's child, or
another person in the individual's household is a victim of sexual
assault or abuse, stalking, or trafficking of persons;
(8) a participant in the address confidentiality
program administered by the attorney general under Subchapter B,
Chapter 58, Code of Criminal Procedure, who provides proof of
certification under Article 58.059, Code of Criminal Procedure;
(9) a federal judge, a state judge, or the spouse of a
federal judge or state judge;
(10) a current or former district attorney, criminal
district attorney, or county or municipal attorney whose
jurisdiction includes any criminal law or child protective services
matters;
(11) a current or former employee of a district
attorney, criminal district attorney, or county or municipal
attorney whose jurisdiction includes any criminal law or child
protective services matters;
(12) an officer or employee of a community supervision
and corrections department established under Chapter 76,
Government Code, who performs a duty described by Section 76.004(b)
of that code;
(13) a criminal investigator of the United States as
described by Article 2.122(a), Code of Criminal Procedure;
(14) a police officer or inspector of the United
States Federal Protective Service;
(15) a current or former United States attorney or
assistant United States attorney and the spouse and child of the
attorney;
(16) a current or former employee of the office of the
attorney general who is or was assigned to a division of that office
the duties of which involve law enforcement;
(17) a medical examiner or person who performs
forensic analysis or testing who is employed by this state or one or
more political subdivisions of this state;
(18) a current or former member of the United States
armed forces who has served in an area that the president of the
United States by executive order designates for purposes of 26
U.S.C. Section 112 as an area in which armed forces of the United
States are or have engaged in combat;
(19) a current or former employee of the Texas
Juvenile Justice Department or of the predecessors in function of
the department;
(20) a current or former juvenile probation or
supervision officer certified by the Texas Juvenile Justice
Department, or the predecessors in function of the department,
under Title 12, Human Resources Code;
(21) a current or former employee of a juvenile
justice program or facility, as those terms are defined by Section
261.405, Family Code;
(22) a current or former employee of the Texas Civil
Commitment Office or the predecessor in function of the office or a
division of the office; [and]
(23) a current or former employee of a federal judge or
state judge;
(24) a current or former child protective services
caseworker, adult protective services caseworker, or investigator
for the Department of Family and Protective Services or a current or
former employee of a department contractor performing child
protective services caseworker, adult protective services
caseworker, or investigator functions for the contractor on behalf
of the department; [and]
(25) [(24)] a state officer elected statewide or a
member of the legislature; and
(26) [(24)] a firefighter or volunteer firefighter or
emergency medical services personnel as defined by Section 773.003,
Health and Safety Code.
SECTION 19.002. Section 26.08(n-1), Tax Code, is repealed
as executed.
SECTION 19.003. Section 151.461(5), Tax Code, as amended by
Chapters 1332 (H.B. 4542) and 1359 (H.B. 1545), Acts of the 86th
Legislature, Regular Session, 2019, is reenacted and amended to
read as follows:
(5) "Retailer" means a person required to hold:
(A) a wine and malt beverage retailer's permit
under Chapter 25, Alcoholic Beverage Code;
(B) a wine and malt beverage retailer's
off-premise permit under Chapter 26, Alcoholic Beverage Code;
(C) a nonprofit entity temporary event permit
under Chapter 30, Alcoholic Beverage Code;
(D) a mixed beverage permit under Chapter 28,
Alcoholic Beverage Code;
(E) a private club registration permit under
Chapter 32, Alcoholic Beverage Code;
(F) a certificate issued to a fraternal or
veterans organization under Section 32.11, Alcoholic Beverage
Code;
(G) a retail dealer's on-premise license under
Chapter 69, Alcoholic Beverage Code; [or]
(H) a retail dealer's off-premise license under
Chapter 71, Alcoholic Beverage Code, except for a dealer who also
holds a package store permit under Chapter 22, Alcoholic Beverage
Code; or
(I) [(M)] a brewpub license under Chapter 74,
Alcoholic Beverage Code.
SECTION 19.004. Section 312.210(b), Tax Code, is amended to
correct a reference to read as follows:
(b) A tax abatement agreement with the owner of real
property or tangible personal property that is located in the
reinvestment zone described by Subsection (a) and in a school
district that has a local revenue level that does not exceed the
level established under Section 48.257, Education Code, must exempt
from taxation:
(1) the portion of the value of the property in the
amount specified in the joint agreement among the municipality,
county, and junior college district; and
(2) an amount equal to 10 percent of the maximum
portion of the value of the property that may under Section
312.204(a) be otherwise exempted from taxation.
ARTICLE 20. CHANGES RELATING TO TRANSPORTATION CODE
SECTION 20.001. Section 56.001(3), Transportation Code, is
repealed to conform to Chapter 1310 (H.B. 3850), Acts of the 86th
Legislature, Regular Session, 2019.
SECTION 20.002. Section 66.016(c), Transportation Code, as
added by Chapter 1346 (S.B. 1915), Acts of the 86th Legislature,
Regular Session, 2019, is repealed as duplicative of Section
66.016(c), Transportation Code, as added by Chapter 1347 (S.B.
2223), Acts of the 86th Legislature, Regular Session, 2019.
SECTION 20.003. Section 501.0301(a)(1), Transportation
Code, is amended to conform to Chapter 1233 (H.B. 1548), Acts of the
86th Legislature, Regular Session, 2019, to read as follows:
(1) "Off-highway vehicle" means:
(A) an all-terrain vehicle or recreational
off-highway vehicle, as those terms are defined by Section 551A.001
[502.001];
(B) a motorcycle, as that term is defined by
Section 541.201, other than a motorcycle described by Section
521.001, that is designed by the manufacturer for off-highway use
only; or
(C) a utility vehicle, as that term is defined by
Section 551A.001 [663.001].
SECTION 20.004. Section 504.202(e-1), Transportation Code,
is amended to correct a reference to read as follows:
(e-1) Other than license plates issued under Subsection
(h), license plates issued under this section may include, on
request:
(1) the emblem of the veteran's branch of service; or
(2) one emblem from another license plate to which the
person is entitled under Section 504.308, 504.309, 504.310(b),
504.311, 504.312, 504.313, 504.3135, 504.314, 504.315, 504.316,
504.3161, 504.318, 504.319, 504.320, 504.323, [as added by Chapter
1085 (H.B. 3567), Acts of the 85th Legislature, Regular Session,
2017,] or 504.325.
SECTION 20.005. Section 504.3161, Transportation Code, as
amended by Chapters 651 (S.B. 1806) and 746 (H.B. 819), Acts of the
86th Legislature, Regular Session, 2019, is reenacted and amended
to read as follows:
Sec. 504.3161. MILITARY SPECIALTY LICENSE PLATES FOR
RECIPIENTS OF CERTAIN MILITARY CAMPAIGN AND SERVICE AWARDS. The
department shall issue specialty license plates for recipients of
the following military awards that include the name of the award:
(1) the Armed Forces Expeditionary Medal;
(2) the Armed Forces Service Medal;
(3) the Navy Expeditionary Medal;
(4) the Global War on Terrorism Expeditionary Medal;
(5) the Global War on Terrorism Service Medal;
(6) the Marine Corps Expeditionary Medal;
(7) the Merchant Marine Expeditionary Medal;
(8) the Kosovo Campaign Medal;
(9) the Inherent Resolve Campaign Medal; [and]
(10) the China Service Medal; and
(11) [(10)] the Nuclear Deterrence Operations Service
Medal.
SECTION 20.006. Section 542.304(a), Transportation Code,
as added by Chapter 1094 (H.B. 2048), Acts of the 86th Legislature,
Regular Session, 2019, is amended to conform to Section 4.40,
Chapter 1352 (S.B. 346), Acts of the 86th Legislature, Regular
Session, 2019, to read as follows:
(a) The department by rule shall designate the offenses
involving the operation of a motor vehicle that constitute a moving
violation of the traffic law for the purposes of:
(1) [Article 102.022(a), Code of Criminal Procedure;
[(2)] Section 1001.112(a-2), Education Code;
(2) [(3)] Section 411.110(f), Government Code; and
(3) [(4)] Sections 773.0614(b) and 773.06141(a),
Health and Safety Code.
SECTION 20.007. Section 551.107(a), Transportation Code,
is amended to conform to Chapter 1233 (H.B. 1548), Acts of the 86th
Legislature, Regular Session, 2019, to read as follows:
(a) Subtitles A, B, and D and Chapter 551A [663] do not apply
to the operation of an electric bicycle.
SECTION 20.008. Section 551A.001, Transportation Code, as
transferred and redesignated from Section 663.001, Transportation
Code, by Chapter 1233 (H.B. 1548), Acts of the 86th Legislature,
Regular Session, 2019, and amended by Chapters 595 (S.B. 616) and
1079 (H.B. 1755), Acts of the 86th Legislature, Regular Session,
2019, is reenacted and amended to read as follows:
Sec. 551A.001. DEFINITIONS. In this chapter:
(1) "All-terrain vehicle" means a motor vehicle that
is:
(A) equipped with a seat or seats for the use of:
(i) the rider; and
(ii) a passenger, if the motor vehicle is
designed by the manufacturer to transport a passenger;
(B) designed to propel itself with three or more
tires in contact with the ground;
(C) designed by the manufacturer for off-highway
use;
(D) not designed by the manufacturer primarily
for farming or lawn care; and
(E) not more than 50 inches wide.
(1-b) "Commission" means the Texas Commission of
Licensing and Regulation.
(1-c) "Department" means the Texas Department of
Licensing and Regulation.
(1-d) [(3)] "Off-highway vehicle" means:
(A) an all-terrain vehicle[,] or recreational
off-highway vehicle;
(B) a sand rail; or
(C) a utility vehicle.
(2) "Beach" means a beach area, publicly or privately
owned, that borders the seaward shore of the Gulf of Mexico.
(3) "Sand rail" means a vehicle, as defined by Section
502.001, that:
(A) is designed or built primarily for
off-highway use in sandy terrains, including for use on sand dunes;
(B) has a tubular frame, an integrated roll cage,
and an engine that is rear-mounted or placed midway between the
front and rear axles of the vehicle; and
(C) has a gross vehicle weight, as defined by
Section 541.401, of:
(i) not less than 700 pounds; and
(ii) not more than 2,000 pounds.
(4) "Public off-highway vehicle land" means land on
which off-highway recreation is authorized under Chapter 29, Parks
and Wildlife Code.
(5) "Recreational off-highway vehicle" means a motor
vehicle that is:
(A) equipped with a seat or seats for the use of:
(i) the rider; and
(ii) a passenger or passengers, if the
vehicle is designed by the manufacturer to transport a passenger or
passengers;
(B) designed to propel itself with four or more
tires in contact with the ground;
(C) designed by the manufacturer for off-highway
use by the operator only; and
(D) not designed by the manufacturer primarily
for farming or lawn care.
(6) "Utility vehicle" means a motor vehicle that is
not a golf cart, as defined by Section 551.401, or lawn mower and
is:
(A) equipped with side-by-side seating for the
use of the operator and a passenger;
(B) designed to propel itself with at least four
tires in contact with the ground;
(C) designed by the manufacturer for off-highway
use only; and
(D) designed by the manufacturer primarily for
utility work and not for recreational purposes.
SECTION 20.009. Section 644.101(b), Transportation Code,
as reenacted and amended by Chapters 102 (S.B. 636), 163 (H.B. 695),
169 (H.B. 917), and 467 (H.B. 4170), Acts of the 86th Legislature,
Regular Session, 2019, is reenacted and amended to read as follows:
(b) A police officer of any of the following municipalities
is eligible to apply for certification under this section:
(1) a municipality with a population of 50,000 or
more;
(2) a municipality with a population of 25,000 or more
any part of which is located in a county with a population of
500,000 or more;
(3) a municipality with a population of less than
25,000:
(A) any part of which is located in a county with
a population of 3.3 million; and
(B) that contains or is adjacent to an
international port;
(4) a municipality with a population of at least
34,000 that is located in a county that borders two or more states;
(5) a municipality any part of which is located in a
county bordering the United Mexican States;
(6) a municipality with a population of less than
5,000 that is located:
(A) adjacent to a bay connected to the Gulf of
Mexico; and
(B) in a county adjacent to a county with a
population greater than 3.3 million;
(7) a municipality that is located:
(A) within 25 miles of an international port; and
(B) in a county that does not contain a highway
that is part of the national system of interstate and defense
highways and is adjacent to a county with a population greater than
3.3 million;
(8) a municipality with a population of less than
8,500 that:
(A) is the county seat; and
(B) contains a highway that is part of the
national system of interstate and defense highways;
(9) a municipality located in a county with a
population between 60,000 and 66,000 adjacent to a bay connected to
the Gulf of Mexico;
(10) a municipality with a population of more than
40,000 and less than 50,000 that is located in a county with a
population of more than 285,000 and less than 300,000 that borders
the Gulf of Mexico;
(11) a municipality with a population between 18,000
and 18,500 that is located entirely in a county that:
(A) has a population of less than 200,000;
(B) is adjacent to two counties that each have a
population of more than 1.2 million; and
(C) contains two highways that are part of the
national system of interstate and defense highways; [or]
(12) a municipality with a population of more than
3,000 and less than 10,000 that:
(A) contains a highway that is part of the
national system of interstate and defense highways; and
(B) is located in a county with a population
between 150,000 and 155,000; [or]
(13) a municipality with a population of less than
75,000 that is located in three counties, at least one of which has
a population greater than 3.3 million;
(14) [(13)] a municipality with a population between
14,000 and 17,000 that:
(A) contains three or more numbered United States
highways; and
(B) is located in a county that is adjacent to a
county with a population of more than 200,000; or
(15) [(13)] a municipality with a population of less
than 50,000 that is located in:
(A) a county that generated $20 million or more
in tax revenue collected under Chapters 201 and 202, Tax Code, from
oil and gas production during the preceding state fiscal year; or
(B) a county that is adjacent to two or more
counties described by Paragraph (A).
SECTION 20.010. Section 644.101(c), Transportation Code,
as amended by Chapters 169 (H.B. 917) and 478 (H.B. 511), Acts of
the 86th Legislature, Regular Session, 2019, is reenacted and
amended to read as follows:
(c) A sheriff or a deputy sheriff of any of the following
counties is eligible to apply for certification under this section:
(1) a county bordering the United Mexican States;
(2) a county with a population of less than 1,000, part
of which is located within 75 miles of an international border; [or]
(3) [(2)] a county with a population of 700,000 or
more; or
(4) [(3)] a county with a population of 400,000 or
more that borders the county in which the State Capitol is located.
SECTION 20.011. Section 731.001(b), Transportation Code,
is amended to conform to Chapter 1233 (H.B. 1548), Acts of the 86th
Legislature, Regular Session, 2019, to read as follows:
(b) For purposes of Subsection (a)(4), the term "assembled
vehicle" does not include a golf cart, as defined by Section
551.401, or an off-highway vehicle, as defined by Section 551A.001
[663.001], regardless of whether the vehicle is built or assembled
by a hobbyist.
ARTICLE 21. REDESIGNATIONS
SECTION 21.001. The following provisions of enacted codes
are redesignated to eliminate duplicate citations or to relocate
misplaced provisions:
(1) Section 14.07, Alcoholic Beverage Code, as added
by Chapter 1359 (H.B. 1545), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 14.071, Alcoholic
Beverage Code.
(2) Section 25.15, Alcoholic Beverage Code, as added
by Chapter 1359 (H.B. 1545), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 25.16, Alcoholic Beverage
Code.
(3) Chapter 57, Alcoholic Beverage Code, as added by
Section 2(b), Chapter 1161 (H.B. 3222), Acts of the 86th
Legislature, Regular Session, 2019, is redesignated as Chapter 58,
Alcoholic Beverage Code, and Sections 57.001, 57.002, 57.003,
57.004, and 57.005, Alcoholic Beverage Code, as added by Section
2(b) of that Act, are redesignated as Sections 58.001, 58.002,
58.003, 58.004, and 58.005, Alcoholic Beverage Code, respectively.
(4) Section 14, Article 42.01, Code of Criminal
Procedure, as added by Chapter 641 (S.B. 1570), Acts of the 86th
Legislature, Regular Session, 2019, is redesignated as Section 15,
Article 42.01, Code of Criminal Procedure.
(5) Article 42A.515, Code of Criminal Procedure, as
added by Chapter 290 (H.B. 2502), Acts of the 86th Legislature,
Regular Session, 2019, is redesignated as Article 42A.516, Code of
Criminal Procedure.
(6) Subsection (l), Section 28.006, Education Code, as
added by Chapter 450 (S.B. 2075), Acts of the 86th Legislature,
Regular Session, 2019, is redesignated as Subsection (m), Section
28.006, Education Code.
(7) Subsection (g), Section 29.153, Education Code, as
added by Chapter 443 (S.B. 1679), Acts of the 86th Legislature,
Regular Session, 2019, is redesignated as Subsection (e-1), Section
29.153, Education Code.
(8) Section 38.033, Education Code, as added by
Chapter 1042 (H.B. 706), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 38.034, Education Code.
(9) Subchapter F, Chapter 38, Education Code, as added
by Chapter 1278 (H.B. 906), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Subchapter F-1, Chapter 38,
Education Code.
(10) Subsection (c-7), Section 39.023, Education
Code, as added by Chapter 1282 (H.B. 1244), Acts of the 86th
Legislature, Regular Session, 2019, is redesignated as Subsection
(c-9), Section 39.023, Education Code.
(11) Section 51.609, Government Code, as added by
Chapter 121 (H.B. 435), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 51.610, Government Code.
(12) Section 72.034, Government Code, as added by
Chapter 743 (H.B. 770), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 72.035, Government Code.
(13) Section 301.033, Government Code, as
transferred, redesignated, and amended by Chapter 1250 (H.B. 4181),
Acts of the 86th Legislature, Regular Session, 2019, is
redesignated as Section 301.034, Government Code.
(14) Subchapter Q, Chapter 411, Government Code, as
added by Chapter 220 (H.B. 833), Acts of the 86th Legislature,
Regular Session, 2019, is redesignated as Subchapter P-1,
Government Code, and Sections 411.461, 411.462, 411.463, 411.464,
411.465, 411.466, 411.467, 411.468, 411.469, 411.470, and 411.471,
Government Code, as added by that Act, are redesignated as Sections
411.4501, 411.4502, 411.4503, 411.4504, 411.4505, 411.4506,
411.4507, 411.4508, 411.4509, 411.4510, and 411.4511, Government
Code, respectively.
(15) Subchapter Q, Chapter 411, Government Code, as
added by Chapter 595 (S.B. 616), Acts of the 86th Legislature,
Regular Session, 2019, is redesignated as Subchapter Q-1, Chapter
411, Government Code.
(16) Section 418.054, Government Code, as added by
Chapter 945 (H.B. 7), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 418.0544, Government
Code.
(17) Section 418.054, Government Code, as added by
Chapter 1065 (H.B. 1307), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 418.0545, Government
Code.
(18) Sections 418.054 and 418.055, Government Code, as
added by Chapter 703 (H.B. 5), Acts of the 86th Legislature, Regular
Session, 2019, are redesignated as Sections 418.0542 and 418.0543,
Government Code, respectively.
(19) Sections 418.054 and 418.055, Government Code, as
added by Chapter 614 (S.B. 982), Acts of the 86th Legislature,
Regular Session, 2019, are redesignated as Sections 418.0546 and
418.0547, Government Code, respectively.
(20) Sections 418.054 and 418.055, Government Code, as
added by Chapter 285 (H.B. 2320), Acts of the 86th Legislature,
Regular Session, 2019, are redesignated as Sections 418.0548 and
418.0549, Government Code, respectively.
(21) Sections 418.054 and 418.055, Government Code, as
added by Chapter 1116 (H.B. 2325), Acts of the 86th Legislature,
Regular Session, 2019, are redesignated as Sections 418.0554 and
418.0555, Government Code, respectively.
(22) Sections 418.054 and 418.056, Government Code, as
added by Chapter 602 (S.B. 799), Acts of the 86th Legislature,
Regular Session, 2019, are redesignated as Sections 418.0552 and
418.0553, Government Code, respectively.
(23) Section 418.055, Government Code, as added by
Chapter 946 (S.B. 6), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 418.0541, Government
Code.
(24) Section 418.056, Government Code, as added by
Chapter 286 (H.B. 2340), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 418.0551, Government
Code.
(25) Section 418.127, Government Code, as added by
Chapter 1116 (H.B. 2325), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 418.125, Government Code.
(26) Subchapter F-1, Chapter 418, Government Code, as
added by Chapter 614 (S.B. 982), Acts of the 86th Legislature,
Regular Session, 2019, is redesignated as Subchapter F-2, Chapter
418, Government Code, and Sections 418.131, 418.132, and 418.133,
Government Code, as added by that Act, are redesignated as Sections
418.141, 418.142, and 418.143, Government Code, respectively.
(27) Section 418.193, Government Code, as added by
Chapter 70 (S.B. 416), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 418.195, Government Code.
(28) Section 420.035, Government Code, as added by
Chapter 297 (H.B. 3106), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 420.036, Government Code.
(29) Chapter 424, Government Code, as added by Chapter
863 (H.B. 2945), Acts of the 86th Legislature, Regular Session,
2019, is redesignated as Chapter 425, Government Code, and Sections
424.001, 424.002, 424.003, 424.004, 424.005, 424.006, 424.007, and
424.008, Government Code, as added by that Act, are redesignated as
Sections 425.001, 425.002, 425.003, 425.004, 425.005, 425.006,
425.007, and 425.008, Government Code, respectively.
(30) Section 493.032, Government Code, as added by
Chapter 1163 (H.B. 3227), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 493.033, Government Code.
(31) Section 501.026, Government Code, as added by
Chapter 1163 (H.B. 3227), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 501.027, Government Code.
(32) Section 511.0104, Government Code, as added by
Chapter 891 (H.B. 3440), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 511.0106, Government
Code.
(33) Subsections (f), (g), and (h), Section 533.00253,
Government Code, as added by Chapter 1330 (H.B. 4533), Acts of the
86th Legislature, Regular Session, 2019, are redesignated as
Subsections (l), (l-1), and (l-2), Section 533.00253, Government
Code, respectively.
(34) Subsection (g), Section 533.005, Government
Code, as added by Chapter 981 (S.B. 1177), Acts of the 86th
Legislature, Regular Session, 2019, is redesignated as Subsection
(h), Section 533.005, Government Code.
(35) Subdivision (7), Section 552.003, Government
Code, as added by Chapter 1216 (S.B. 943), Acts of the 86th
Legislature, Regular Session, 2019, is redesignated as Subdivision
(1-a), Section 552.003, Government Code.
(36) Section 552.159, Government Code, as added by
Chapter 300 (H.B. 3913), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 552.161, Government Code.
(37) Section 552.159, Government Code, as added by
Chapter 1340 (S.B. 944), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 552.162, Government Code.
(38) Section 552.233, Government Code, as added by
Chapter 462 (S.B. 494), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 552.2325, Government
Code.
(39) Section 662.071, Government Code, as added by
Chapter 879 (H.B. 3084), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 662.072, Government Code.
(40) Section 662.071, Government Code, as added by
Chapter 890 (H.B. 3435), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 662.073, Government Code.
(41) Section 662.071, Government Code, as added by
Chapter 171 (H.B. 1064), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 662.074, Government Code.
(42) Section 662.071, Government Code, as added by
Chapter 193 (H.B. 2298), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 662.075, Government Code.
(43) Section 662.071, Government Code, as added by
Chapter 202 (H.B. 2597), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 662.076, Government Code.
(44) Section 662.071, Government Code, as added by
Chapter 354 (H.B. 295), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 662.077, Government Code.
(45) Section 662.071, Government Code, as added by
Chapter 421 (S.B. 430), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 662.078, Government Code.
(46) Section 662.112, Government Code, as added by
Chapter 160 (H.B. 405), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 662.113, Government Code.
(47) Subchapter E, Chapter 2051, Government Code, as
added by Chapter 1029 (H.B. 305), Acts of the 86th Legislature,
Regular Session, 2019, is redesignated as Subchapter F, Chapter
2051, Government Code, and Sections 2051.151 and 2051.152,
Government Code, as added by that Act, are redesignated as Sections
2051.201 and 2051.202, Government Code, respectively.
(48) Section 2054.069, Government Code, as added by
Chapter 604 (S.B. 819), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 2054.0691, Government
Code.
(49) Section 2054.519, Government Code, as added by
Chapter 509 (S.B. 64), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 2054.5181, Government
Code.
(50) Subsection (d), Section 2166.052, Government
Code, as added by Chapter 867 (H.B. 2977), Acts of the 86th
Legislature, Regular Session, 2019, is redesignated as Subsection
(c-1), Section 2166.052, Government Code.
(51) Section 2262.056, Government Code, as added by
Chapter 615 (S.B. 986), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 2262.057, Government
Code.
(52) Chapter 2272, Government Code, as added by
Chapter 501 (S.B. 22), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Chapter 2273, Government Code,
and Sections 2272.001, 2272.002, 2272.003, 2272.004, and 2272.005,
Government Code, as added by that Act, are redesignated as Sections
2273.001, 2273.002, 2273.003, 2273.004, and 2273.005, Government
Code, respectively.
(53) Chapter 50, Health and Safety Code, as added by
Chapter 1157 (H.B. 3147), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Chapter 51, Health and Safety
Code, and Sections 50.0001, 50.0002, 50.0003, 50.0004, 50.0005,
50.0006, and 50.0007, Health and Safety Code, as added by that Act,
are redesignated as Sections 51.0001, 51.0002, 51.0003, 51.0004,
51.0005, 51.0006, and 51.0007, Health and Safety Code,
respectively.
(54) Chapter 50, Health and Safety Code, as added by
Chapter 889 (H.B. 3405), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Chapter 52, Health and Safety
Code, and Sections 50.001, 50.002, 50.003, 50.004, 50.005, 50.006,
and 50.007, Health and Safety Code, as added by that Act, are
redesignated as Sections 52.0001, 52.0002, 52.0003, 52.0004,
52.0005, 52.0006, and 52.0007, Health and Safety Code,
respectively.
(55) Chapter 99, Health and Safety Code, as added by
Chapter 6 (S.B. 999), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Chapter 99A, Health and Safety
Code, and Sections 99.001, 99.002, 99.003, 99.004, 99.005, and
99.006, Health and Safety Code, as added by that Act, are
redesignated as Sections 99A.001, 99A.002, 99A.003, 99A.004,
99A.005, and 99A.006, Health and Safety Code, respectively.
(56) Chapter 298C, Health and Safety Code, as added by
Chapter 454 (S.B. 2448), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Chapter 298D, Health and Safety
Code, and Sections 298C.001, 298C.002, 298C.003, 298C.004,
298C.051, 298C.052, 298C.053, 298C.101, 298C.102, 298C.103,
298C.151, 298C.152, and 298C.153, Health and Safety Code, as added
by that Act, are redesignated as Sections 298D.001, 298D.002,
298D.003, 298D.004, 298D.051, 298D.052, 298D.053, 298D.101,
298D.102, 298D.103, 298D.151, 298D.152, and 298D.153, Health and
Safety Code, respectively.
(57) Subchapter K, Chapter 1001, Health and Safety
Code, as added by Chapter 1167 (H.B. 3285), Acts of the 86th
Legislature, Regular Session, 2019, is redesignated as Subchapter
L, Chapter 1001, Health and Safety Code, and Section 1001.261,
Health and Safety Code, as added by that Act, is redesignated as
Section 1001.281, Health and Safety Code.
(58) Subsection (e), Section 981.004, Insurance Code,
as added by Chapter 1089 (H.B. 1940), Acts of the 86th Legislature,
Regular Session, 2019, is redesignated as Subsection (f), Section
981.004, Insurance Code.
(59) Subchapter E, Chapter 1101, Insurance Code, as
added by Chapter 515 (S.B. 437), Acts of the 86th Legislature,
Regular Session, 2019, is redesignated as Subchapter F, Chapter
1101, Insurance Code, and Sections 1101.201, 1101.202, and
1101.203, Insurance Code, as added by that Act, are redesignated as
Sections 1101.251, 1101.252, and 1101.253, Insurance Code,
respectively.
(60) Section 250.009, Local Government Code, as added
by Chapter 1176 (H.B. 3371), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 250.010, Local Government
Code.
(61) Section 53.0231, Occupations Code, as added by
Chapter 984 (S.B. 1217), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 53.0232, Occupations
Code.
(62) Section 2302.009, Occupations Code, as added by
Chapter 1079 (H.B. 1755), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 2302.010, Occupations
Code.
(63) Section 202.020, Property Code, as added by
Chapter 972 (S.B. 741), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 202.021, Property Code.
(64) Chapter 7888, Special District Local Laws Code,
is transferred to Subtitle F, Title 6, Special District Local Laws
Code.
(65) Subsection (c), Section 41.41, Tax Code, as added
by Chapter 1284 (H.B. 1313), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Subsection (d), Section 41.41,
Tax Code.
(66) Subsection (f), Section 41.47, Tax Code, as added
by Chapter 699 (S.B. 2531), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Subsection (g-1), Section 41.47,
Tax Code.
(67) Subsection (q), Section 351.101, Tax Code, as
added by Chapter 351 (H.B. 3356), Acts of the 86th Legislature,
Regular Session, 2019, is redesignated as Subsection (p), Section
351.101, Tax Code.
(68) Section 225.152, Transportation Code, as added by
Chapter 184 (H.B. 1821), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.153, Transportation
Code.
(69) Section 225.152, Transportation Code, as added by
Chapter 328 (S.B. 228), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.154, Transportation
Code.
(70) Section 225.152, Transportation Code, as added by
Chapter 498 (H.B. 4727), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.155, Transportation
Code.
(71) Section 225.152, Transportation Code, as added by
Chapter 522 (S.B. 575), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.156, Transportation
Code.
(72) Section 225.152, Transportation Code, as added by
Chapter 624 (S.B. 1221), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.157, Transportation
Code.
(73) Section 225.152, Transportation Code, as added by
Chapter 704 (H.B. 23), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.158, Transportation
Code.
(74) Section 225.152, Transportation Code, as added by
Chapter 813 (H.B. 2331), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.159, Transportation
Code.
(75) Section 225.152, Transportation Code, as added by
Chapter 827 (H.B. 2571), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.160, Transportation
Code.
(76) Section 225.152, Transportation Code, as added by
Chapter 828 (H.B. 2577), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.161, Transportation
Code.
(77) Section 225.152, Transportation Code, as added by
Chapter 893 (H.B. 3471), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.162, Transportation
Code.
(78) Section 225.152, Transportation Code, as added by
Chapter 1035 (H.B. 519), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.163, Transportation
Code.
(79) Section 225.152, Transportation Code, as added by
Chapter 1080 (H.B. 1810), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.164, Transportation
Code.
(80) Section 225.152, Transportation Code, as added by
Chapter 1209 (H.B. 4762), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.165, Transportation
Code.
(81) Section 225.152, Transportation Code, as added by
Chapter 7 (H.B. 540), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.166, Transportation
Code.
(82) Section 225.152, Transportation Code, as added by
Chapter 71 (S.B. 497), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.167, Transportation
Code.
(83) Section 225.152, Transportation Code, as added by
Chapter 79 (S.B. 1134), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.168, Transportation
Code.
(84) Section 225.152, Transportation Code, as added by
Chapter 134 (H.B. 1837), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.169, Transportation
Code.
(85) Section 225.152, Transportation Code, as added by
Chapter 135 (H.B. 1838), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.170, Transportation
Code.
(86) Section 225.152, Transportation Code, as added by
Chapter 219 (H.B. 693), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.171, Transportation
Code.
(87) Section 225.152, Transportation Code, as added by
Chapter 256 (H.B. 1039), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.172, Transportation
Code.
(88) Section 225.152, Transportation Code, as added by
Chapter 258 (H.B. 1249), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.173, Transportation
Code.
(89) Section 225.152, Transportation Code, as added by
Chapter 282 (H.B. 1779), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.174, Transportation
Code.
(90) Section 225.152, Transportation Code, as added by
Chapter 287 (H.B. 2351), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.175, Transportation
Code.
(91) Section 225.152, Transportation Code, as added by
Chapter 305 (H.B. 1856), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.176, Transportation
Code.
(92) Section 225.152, Transportation Code, as added by
Chapter 306 (H.B. 1858), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.177, Transportation
Code.
(93) Section 225.152, Transportation Code, as added by
Chapter 308 (H.B. 1969), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.178, Transportation
Code.
(94) Section 225.152, Transportation Code, as added by
Chapter 317 (H.B. 2615), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.179, Transportation
Code.
(95) Section 225.152, Transportation Code, as added by
Chapter 682 (S.B. 2156), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.180, Transportation
Code.
(96) Section 225.152, Transportation Code, as added by
Chapter 718 (H.B. 310), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.181, Transportation
Code.
(97) Section 225.152, Transportation Code, as added by
Chapter 735 (H.B. 635), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.182, Transportation
Code.
(98) Section 225.152, Transportation Code, as added by
Chapter 750 (H.B. 884), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.183, Transportation
Code.
(99) Section 225.152, Transportation Code, as added by
Chapter 853 (H.B. 2809), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.184, Transportation
Code.
(100) Section 225.152, Transportation Code, as added
by Chapter 874 (H.B. 3029), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.185, Transportation
Code.
(101) Section 225.152, Transportation Code, as added
by Chapter 905 (H.B. 3671), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.186, Transportation
Code.
(102) Section 225.152, Transportation Code, as added
by Chapter 913 (H.B. 3780), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.187, Transportation
Code.
(103) Section 225.152, Transportation Code, as added
by Chapter 920 (H.B. 4211), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.188, Transportation
Code.
(104) Section 225.152, Transportation Code, as added
by Chapter 1103 (H.B. 2167), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 225.189, Transportation
Code.
(105) Section 372.054, Transportation Code, as added
by Chapter 744 (H.B. 803), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 372.0535, Transportation
Code.
(106) Chapter 473, Transportation Code, as added by
Chapter 382 (H.B. 2899), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Chapter 474, Transportation Code,
and Sections 473.001, 473.002, 473.003, and 473.004,
Transportation Code, as added by that Act, are redesignated as
Sections 474.001, 474.002, 474.003, and 474.004, Transportation
Code, respectively.
(107) Section 504.325, Transportation Code, as added
by Chapter 128 (H.B. 1656), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 504.326, Transportation
Code.
(108) Section 504.671, Transportation Code, as added
by Chapter 480 (H.B. 1130), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 504.672, Transportation
Code.
(109) Section 504.671, Transportation Code, as added
by Chapter 888 (H.B. 3394), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 504.673, Transportation
Code.
(110) Section 504.671, Transportation Code, as added
by Chapter 989 (S.B. 1271), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 504.674, Transportation
Code.
(111) Section 36.213, Utilities Code, as added by
Chapter 1067 (H.B. 1397), Acts of the 86th Legislature, Regular
Session, 2019, is redesignated as Section 36.214, Utilities Code.
SECTION 21.002. The following changes are made to conform
the provisions amended to the redesignating changes made by Section
21.001 of this Act and to correct cross-references:
(1) Section 607.001(1), Business & Commerce Code, is
amended to read as follows:
(1) "Center" means the payment fraud fusion center
established under Chapter 425 [424], Government Code.
(2) Subsection (a), Section 411.4507, Government
Code, as redesignated from Subsection (a), Section 411.467,
Government Code, by Section 21.001 of this Act, is amended to read
as follows:
(a) When a law enforcement agency notifies the department
under Section 411.4506 [411.466], the department shall confirm the
accuracy of the information and, if confirmed, immediately issue an
alert under this subchapter in accordance with department rules.
(3) Section 411.4508, Government Code, as
redesignated from Section 411.468, Government Code, by Section
21.001 of this Act, is amended to read as follows:
Sec. 411.4508 [411.468]. CONTENT OF CAMO ALERT. The alert
must include:
(1) all appropriate information that is provided by
the law enforcement agency under Section 411.4506 [411.466] and
that may lead to the safe recovery of the missing military member;
and
(2) a statement instructing any person with
information related to the missing military member to contact a law
enforcement agency.
(4) Section 411.4510, Government Code, as
redesignated from Section 411.470, Government Code, by Section
21.001 of this Act, is amended to read as follows:
Sec. 411.4510 [411.470]. LIMITATION ON PARTICIPATION BY
TEXAS DEPARTMENT OF TRANSPORTATION. Notwithstanding Section
411.4505(b) [411.465(b)], the Texas Department of Transportation
is not required to use any existing system of dynamic message signs
in a statewide alert system created under this subchapter if the
department receives notice from the United States Department of
Transportation Federal Highway Administration that the use of the
signs would result in the loss of federal highway funding or other
punitive actions taken against this state due to noncompliance with
federal laws, regulations, or policies.
(5) Subdivision (2), Section 418.141, Government
Code, as redesignated from Subdivision (2), Section 418.131,
Government Code, by Section 21.001 of this Act, is amended to read
as follows:
(2) "Task force" means the task force established
under Section 418.142 [418.132].
(6) Subsections (l-1) and (l-2), Section 533.00253,
Government Code, as redesignated from Subsections (g) and (h),
Section 533.00253, Government Code, by Section 21.001 of this Act,
are amended to read as follows:
(l-1) [(g)] Not later than December 1, 2022, the commission
shall prepare and submit a written report to the legislature of the
executive commissioner's determination under Subsection (l) [(f)].
(l-2) [(h)] Subsections (l) [(f)] and (l-1) [(g)] and this
subsection expire September 1, 2023.
(7) Section 2051.201, Government Code, as
redesignated from Section 2051.151, Government Code, by Section
21.001 of this Act, is amended to read as follows:
Sec. 2051.201 [2051.151]. APPLICABILITY OF SUBCHAPTER.
Except as provided by Section 2051.202(b) [2051.152(b)], this
subchapter applies only to a political subdivision with the
authority to impose a tax that at any time on or after January 1,
2019, maintained a publicly accessible Internet website.
(8) Subsection (a), Section 2273.004, Government
Code, as redesignated from Subsection (a), Section 2272.004,
Government Code, by Section 21.001 of this Act, is amended to read
as follows:
(a) The attorney general may bring an action in the name of
the state to enjoin a violation of Section 2273.003 [2272.003]. The
attorney general may recover reasonable attorney's fees and costs
incurred in bringing an action under this subsection.
(9) Subsection (a), Section 51.0003, Health and Safety
Code, as redesignated from Subsection (a), Section 50.0003, Health
and Safety Code, by Section 21.001 of this Act, is amended to read
as follows:
(a) The program:
(1) must collaborate with physicians and health care
providers to notify a prospective subject about the program when:
(A) the prospective subject provides informed
consent for a cancer clinical trial; or
(B) funding is available to provide the program
for the cancer clinical trial in which the prospective subject
participates;
(2) must reimburse subjects based on financial need,
which may include reimbursement to subjects whose income is at or
below 700 percent of the federal poverty level;
(3) must provide reimbursement for ancillary costs,
including costs described by Section 51.0002 [50.0002], to
eliminate the financial barriers to enrollment in a clinical trial;
(4) may provide reimbursement for reasonable
ancillary costs, including costs described by Section 51.0002
[50.0002], to one family member, friend, or other person who
attends a cancer clinical trial to support a subject; and
(5) must comply with applicable federal and state
laws.
(10) Subsections (a) and (c), Section 99A.002, Health
and Safety Code, as redesignated from Subsections (a) and (c),
Section 99.002, Health and Safety Code, by Section 21.001 of this
Act, are amended to read as follows:
(a) In developing the state plan under Section 99A.001
[99.001], the department shall seek comments from interested
parties, including:
(1) members of the public with, or who care for persons
with, Alzheimer's disease or related disorders;
(2) each state agency that provides services to
persons with Alzheimer's disease or related disorders;
(3) any advisory body that addresses issues related to
Alzheimer's disease or related disorders;
(4) public advocates concerned with issues related to
Alzheimer's disease or related disorders;
(5) physicians and health care providers licensed in
this state who have clinical training and experience in caring for
persons with Alzheimer's disease or related disorders; and
(6) researchers of issues affecting persons with
Alzheimer's disease or related disorders.
(c) The department shall meet with interested parties at
least two times each year to:
(1) facilitate comments on and discuss the progress of
developing and implementing the state plan developed under this
chapter; and
(2) gather information for the report required under
Section 99A.004 [99.004].
(11) Section 99A.006, Health and Safety Code, as
redesignated from Section 99.006, Health and Safety Code, by
Section 21.001 of this Act, is amended to read as follows:
Sec. 99A.006 [99.006]. NO CAUSE OF ACTION, DUTY, STANDARD
OF CARE, OR LIABILITY CREATED. Notwithstanding any other law,
Section 99A.001 [99.001], including the use of or failure to use any
information or materials developed or disseminated under that
section, does not create a civil, criminal, or administrative cause
of action or liability or create a standard of care, obligation, or
duty that provides a basis for a cause of action.
(12) Section 102.203(b), Health and Safety Code, is
amended to read as follows:
(b) Except as otherwise provided by this section, money
awarded under this subchapter may be used for authorized expenses,
including honoraria, salaries and benefits, travel, conference
fees and expenses, consumable supplies, other operating expenses,
contracted research and development, capital equipment,
construction or renovation of state or private facilities, and
reimbursement for costs of participation incurred by cancer
clinical trial participants, including transportation, lodging,
and any costs reimbursed under the cancer clinical trial
participation program established under Chapter 51 [50].
(13) Subsection (c), Section 298D.101, Health and
Safety Code, as redesignated from Subsection (c), Section 298C.101,
Health and Safety Code, by Section 21.001 of this Act, is amended to
read as follows:
(c) The board's determination of the amount of mandatory
payments to be collected during the year must be shown to be based
on reasonable estimates of the amount of revenue necessary to fund
intergovernmental transfers from the district to the state
providing the nonfederal share of payments described by Section
298D.103(b)(1) [298C.103(b)(1)] that is otherwise unfunded.
(14) Subsections (a) and (b), Section 298D.103, Health
and Safety Code, as redesignated from Subsections (a) and (b),
Section 298C.103, Health and Safety Code, by Section 21.001 of this
Act, are amended to read as follows:
(a) The local provider participation fund established under
Section 298D.102 [298C.102] consists of:
(1) all mandatory payments authorized under this
chapter and received by the district;
(2) money received from the Health and Human Services
Commission as a refund of an intergovernmental transfer from the
district to the state as the nonfederal share of Medicaid
supplemental payment program payments, provided that the
intergovernmental transfer does not receive a federal matching
payment; and
(3) the earnings of the fund.
(b) Money deposited to the local provider participation
fund may be used only to:
(1) fund intergovernmental transfers from the
district to the state to provide the nonfederal share of Medicaid
payments for:
(A) uncompensated care and delivery system
reform incentive payments to nonpublic hospitals, if those payments
are authorized under the Texas Healthcare Transformation and
Quality Improvement Program waiver issued under Section 1115 of the
federal Social Security Act (42 U.S.C. Section 1315);
(B) uniform rate enhancements for nonpublic
hospitals in the Medicaid managed care service area in which the
district is located;
(C) payments available to nonpublic hospitals
under another waiver program authorizing payments that are
substantially similar to Medicaid payments to nonpublic hospitals
described by Paragraph (A) or (B); or
(D) any reimbursement to nonpublic hospitals for
which federal matching funds are available;
(2) subject to Section 298D.151(d) [298C.151(d)], pay
the administrative expenses of the district in administering the
program, including collateralization of deposits;
(3) refund a portion of a mandatory payment collected
in error from a paying hospital; and
(4) refund to paying hospitals a proportionate share
of the money that the district:
(A) receives from the Health and Human Services
Commission that is not used to fund the nonfederal share of Medicaid
supplemental payment program payments described by Subdivision
(1); or
(B) determines cannot be used to fund the
nonfederal share of Medicaid supplemental payment program payments
described by Subdivision (1).
(15) Subsection (d), Section 298D.151, Health and
Safety Code, as redesignated from Subsection (d), Section 298C.151,
Health and Safety Code, by Section 21.001 of this Act, is amended to
read as follows:
(d) Subject to the maximum amount prescribed by Subsection
(c) and this subsection, the board shall set the mandatory payments
in amounts that in the aggregate will generate sufficient revenue
to cover the administrative expenses of the district for activities
under this chapter, fund an intergovernmental transfer described by
Section 298D.103(b)(1) [298C.103(b)(1)], or make other payments
authorized under this chapter. The amount of the mandatory
payments must be based on reasonable estimates of the amount of
revenue necessary to cover the administrative expenses,
intergovernmental transfers, and other payments described by this
subsection as authorized under this chapter. The amount of revenue
from mandatory payments that may be used for administrative
expenses by the district in a year may not exceed $25,000, plus the
cost of collateralization of deposits. If the board demonstrates
to the paying hospitals that the costs of administering the program
under this chapter, excluding those costs associated with the
collateralization of deposits, exceed $25,000 in any year, on
consent of all of the paying hospitals, the district may use
additional revenue from mandatory payments received under this
chapter to compensate the district for its administrative expenses.
A paying hospital may not unreasonably withhold consent to
compensate the district for administrative expenses.
(16) Section 643.002, Transportation Code, as
effective September 1, 2021, is amended to read as follows:
Sec. 643.002. EXEMPTIONS. This chapter does not apply to:
(1) motor carrier operations exempt from registration
by the Unified Carrier Registration Act of 2005 (49 U.S.C. Section
14504a) or a motor vehicle registered under the single state
registration system established under 49 U.S.C. Section 14504(c)
when operating exclusively in interstate or international
commerce;
(2) a motor vehicle registered as a cotton vehicle
under Section 504.505;
(3) a motor vehicle the department by rule exempts
because the vehicle is subject to comparable registration and a
comparable safety program administered by another governmental
entity;
(4) a motor vehicle used to transport passengers
operated by an entity whose primary function is not the
transportation of passengers, such as a vehicle operated by a
hotel, day-care center, public or private school, nursing home, or
similar organization;
(5) a vehicle operating under:
(A) Section 14.071 [14.07], Alcoholic Beverage
Code;
(B) Section 16.10, Alcoholic Beverage Code;
(C) Section 19.06, Alcoholic Beverage Code; or
(D) Section 20.04, Alcoholic Beverage Code;
(6) a vehicle operated by a governmental entity; or
(7) a tow truck, as defined by Section 2308.002,
Occupations Code.
ARTICLE 22. EFFECTIVE DATE
SECTION 22.001. Except as otherwise provided by this Act,
this Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3607 was passed by the House on May 8,
2021, by the following vote: Yeas 138, Nays 1, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3607 was passed by the Senate on May
27, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor