Texas 2021 - 87th Regular

Texas House Bill HB3607 Compare Versions

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1-H.B. No. 3607
1+87R10608 JSC-D
2+ By: Leach H.B. No. 3607
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5+ A BILL TO BE ENTITLED
46 AN ACT
57 relating to nonsubstantive additions to, revisions of, and
68 corrections in enacted codes, to the nonsubstantive codification or
79 disposition of various laws omitted from enacted codes, and to
810 conforming codifications enacted by the 86th Legislature to other
911 Acts of that legislature.
1012 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1113 ARTICLE 1. GENERAL PROVISIONS
1214 SECTION 1.001. This Act is enacted as part of the state's
1315 continuing statutory revision program under Chapter 323,
1416 Government Code. This Act is a revision for purposes of Section 43,
1517 Article III, Texas Constitution, and has the purposes of:
1618 (1) codifying without substantive change or providing
1719 for other appropriate disposition of various statutes that were
1820 omitted from enacted codes;
1921 (2) conforming codifications enacted by the 86th
2022 Legislature to other Acts of that legislature that amended the laws
2123 codified or added new law to subject matter codified;
2224 (3) revising without substantive change provisions in
2325 enacted codes;
2426 (4) making necessary corrections to enacted codes; and
2527 (5) renumbering or otherwise redesignating titles,
2628 chapters, and sections of codes that duplicate title, chapter, or
2729 section designations.
2830 SECTION 1.002. (a) The repeal of a statute by this Act does
2931 not affect an amendment, revision, or reenactment of the statute by
3032 the 87th Legislature, Regular Session, 2021. The amendment,
3133 revision, or reenactment is preserved and given effect as part of
3234 the code provision that revised the statute so amended, revised, or
3335 reenacted.
3436 (b) If any provision of this Act conflicts with a statute
3537 enacted by the 87th Legislature, Regular Session, 2021, the statute
3638 controls.
3739 SECTION 1.003. (a) A transition or saving provision of a
3840 law codified by this Act applies to the codified law to the same
3941 extent as it applied to the original law.
4042 (b) The repeal of a transition or saving provision by this
4143 Act does not affect the application of the provision to the codified
4244 law.
4345 (c) In this section, "transition provision" includes any
4446 temporary provision providing for a special situation in the
4547 transition period between the existing law and the establishment or
4648 implementation of the new law.
4749 SECTION 1.004. (a) The repeal of a law, including a
4850 validating law, by this Act does not remove, void, or otherwise
4951 affect in any manner a validation under the repealed law. The
5052 validation is preserved and continues to have the same effect that
5153 it would have if the law were not repealed.
5254 (b) Subsection (a) of this section does not diminish the
5355 saving provisions prescribed by Section 311.031, Government Code.
5456 ARTICLE 2. CHANGES RELATING TO ALCOHOLIC BEVERAGE CODE
5557 SECTION 2.001. (a) Section 48.01, Alcoholic Beverage Code,
5658 as amended by Chapters 230 (H.B. 2196) and 1359 (H.B. 1545), Acts of
5759 the 86th Legislature, Regular Session, 2019, is reenacted to read
5860 as follows:
5961 Sec. 48.01. AUTHORIZED ACTIVITIES. A passenger
6062 transportation permit authorizes the permit holder to sell or serve
6163 the types of alcoholic beverages specifically authorized by this
6264 chapter.
6365 (b) Section 48.04, Alcoholic Beverage Code, as effective
6466 September 1, 2021, is amended to conform to Chapter 230 (H.B. 2196),
6567 Acts of the 86th Legislature, Regular Session, 2019, by adding
6668 Subsection (e) to read as follows:
6769 (e) This subsection applies only to a passenger train
6870 operated by or on behalf of the Texas State Railroad Authority. An
6971 alcoholic beverage purchased by a consumer on a passenger train for
7072 present consumption may be removed from the train for consumption
7173 on property that is part of a public entertainment facility owned or
7274 leased by the Texas State Railroad Authority. An alcoholic
7375 beverage in an open container purchased by a consumer on property
7476 that is part of a public entertainment facility owned or leased by
7577 the Texas State Railroad Authority may be consumed on a passenger
7678 train.
7779 (c) Section 108.82(b), Alcoholic Beverage Code, as amended
7880 by Chapter 230 (H.B. 2196), Acts of the 86th Legislature, Regular
7981 Session, 2019, is amended to read as follows:
8082 (b) Notwithstanding Section 28.10, the concessionaire for a
8183 public entertainment facility described by Subsection (a) may allow
8284 a patron who possesses an alcoholic beverage to enter or leave a
8385 licensed or permitted premises within the facility if the alcoholic
8486 beverage:
8587 (1) is in an open container, as defined by Section
8688 49.031, Penal Code;
8789 (2) appears to be possessed for present consumption;
8890 (3) except as provided by Section 48.04(e) [48.01(b)],
8991 remains within the confines of the facility, excluding a parking
9092 lot; and
9193 (4) was purchased legally at a licensed or permitted
9294 premises within the facility.
9395 SECTION 2.002. Subsection (h), Section 74.01, Alcoholic
9496 Beverage Code, as added by Chapter 434 (S.B. 1232), Acts of the 86th
9597 Legislature, Regular Session, 2019, is redesignated as Subsection
9698 (f), Section 74.01, Alcoholic Beverage Code, and amended to conform
9799 to Chapter 1359 (H.B. 1545), Acts of the 86th Legislature, Regular
98100 Session, 2019, to read as follows:
99101 (f) [(h)] This section does not authorize the holder of a
100102 brewpub license who also holds a wine and malt beverage [beer]
101103 retailer's permit to deliver alcoholic beverages directly to
102104 ultimate consumers for off-premise consumption at a location other
103105 than the licensed premises.
104106 ARTICLE 3. CHANGES RELATING TO CIVIL PRACTICE AND REMEDIES CODE
105107 SECTION 3.001. Section 27.010(a), Civil Practice and
106108 Remedies Code, is amended to conform to Chapter 469 (H.B. 4173),
107109 Acts of the 86th Legislature, Regular Session, 2019, to read as
108110 follows:
109111 (a) This chapter does not apply to:
110112 (1) an enforcement action that is brought in the name
111113 of this state or a political subdivision of this state by the
112114 attorney general, a district attorney, a criminal district
113115 attorney, or a county attorney;
114116 (2) a legal action brought against a person primarily
115117 engaged in the business of selling or leasing goods or services, if
116118 the statement or conduct arises out of the sale or lease of goods,
117119 services, or an insurance product, insurance services, or a
118120 commercial transaction in which the intended audience is an actual
119121 or potential buyer or customer;
120122 (3) a legal action seeking recovery for bodily injury,
121123 wrongful death, or survival or to statements made regarding that
122124 legal action;
123125 (4) a legal action brought under the Insurance Code or
124126 arising out of an insurance contract;
125127 (5) a legal action arising from an officer-director,
126128 employee-employer, or independent contractor relationship that:
127129 (A) seeks recovery for misappropriation of trade
128130 secrets or corporate opportunities; or
129131 (B) seeks to enforce a non-disparagement
130132 agreement or a covenant not to compete;
131133 (6) a legal action filed under Title 1, 2, 4, or 5,
132134 Family Code, or an application for a protective order under
133135 Subchapter A, Chapter 7B [7A], Code of Criminal Procedure;
134136 (7) a legal action brought under Chapter 17, Business &
135137 Commerce Code, other than an action governed by Section 17.49(a)
136138 of that chapter;
137139 (8) a legal action in which a moving party raises a
138140 defense pursuant to Section 160.010, Occupations Code, Section
139141 161.033, Health and Safety Code, or the Health Care Quality
140142 Improvement Act of 1986 (42 U.S.C. 11101 et seq.);
141143 (9) an eviction suit brought under Chapter 24,
142144 Property Code;
143145 (10) a disciplinary action or disciplinary proceeding
144146 brought under Chapter 81, Government Code, or the Texas Rules of
145147 Disciplinary Procedure;
146148 (11) a legal action brought under Chapter 554,
147149 Government Code; or
148150 (12) a legal action based on a common law fraud claim.
149151 SECTION 3.002. Section 144.010, Civil Practice and Remedies
150152 Code, is repealed as executed.
151153 ARTICLE 4. CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE
152154 SECTION 4.001. Article 2.26(c), Code of Criminal Procedure,
153155 is amended to correct a reference to read as follows:
154156 (c) This section does not preclude any symbol from being
155157 valid as a signature under other applicable law, including Section
156158 1.201(b)(37) [1.201(39)], Business & Commerce Code.
157159 SECTION 4.002. (a) The heading to Subchapter A, Chapter 7B,
158160 Code of Criminal Procedure, is amended to conform to Chapter 955
159161 (S.B. 194), Acts of the 86th Legislature, Regular Session, 2019, to
160162 read as follows:
161163 SUBCHAPTER A. PROTECTIVE ORDER FOR VICTIMS OF SEXUAL ASSAULT OR
162164 ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING
163165 (b) Article 7B.001, Code of Criminal Procedure, is amended
164166 to conform to Chapters 955 (S.B. 194) and 1066 (H.B. 1343), Acts of
165167 the 86th Legislature, Regular Session, 2019, by amending Subsection
166168 (a) and adding Subsections (a-1) and (a-2) to read as follows:
167169 (a) The following persons may file an application for a
168170 protective order under this subchapter without regard to the
169171 relationship between the applicant and the alleged offender:
170172 (1) a person who is the victim of an offense under
171173 Section 21.02, 21.11, 22.011, 22.012, 22.021, or 42.072, Penal
172174 Code;
173175 (2) a person who is the victim of an offense under
174176 Section 20A.02, 20A.03, or 43.05, Penal Code;
175177 (3) a parent or guardian acting on behalf of a person
176178 younger than 17 years of age who is the victim of an offense listed
177179 in Subdivision (1);
178180 (4) a parent or guardian acting on behalf of a person
179181 younger than 18 years of age who is the victim of an offense listed
180182 in Subdivision (2); or
181183 (5) a prosecuting attorney acting on behalf of a
182184 person described by Subdivision (1), (2), (3), or (4).
183185 (a-1) Except as provided by Subsection (a-2), if an
184186 application has not yet been filed in the case under Subsection (a),
185187 the attorney representing the state shall promptly file an
186188 application for a protective order with respect to each victim of an
187189 offense listed in Subdivision (1) or (2) of that subsection
188190 following the offender's conviction of or placement on deferred
189191 adjudication community supervision for the offense.
190192 (a-2) The attorney representing the state may not file an
191193 application under Subsection (a-1) with respect to a victim who is
192194 at least 18 years of age if the victim requests that the attorney
193195 representing the state not file the application.
194196 (c) Article 7B.002, Code of Criminal Procedure, is amended
195197 to conform to Chapter 955 (S.B. 194), Acts of the 86th Legislature,
196198 Regular Session, 2019, to read as follows:
197199 Art. 7B.002. TEMPORARY EX PARTE ORDER. If the court finds
198200 from the information contained in an application for a protective
199201 order that there is a clear and present danger of sexual assault or
200202 abuse, indecent assault, stalking, trafficking, or other harm to
201203 the applicant, the court, without further notice to the alleged
202204 offender and without a hearing, may issue a temporary ex parte order
203205 for the protection of the applicant or any other member of the
204206 applicant's family or household.
205207 (d) Article 7B.003, Code of Criminal Procedure, is amended
206208 to conform to Chapters 955 (S.B. 194) and 1066 (H.B. 1343), Acts of
207209 the 86th Legislature, Regular Session, 2019, by amending Subsection
208210 (a) and adding Subsection (c) to read as follows:
209211 (a) At the close of a hearing on an application for a
210212 protective order under this subchapter, the court shall find
211213 whether there are reasonable grounds to believe that the applicant
212214 is the victim of sexual assault or abuse, indecent assault,
213215 stalking, or trafficking.
214216 (c) An offender's conviction of or placement on deferred
215217 adjudication community supervision for an offense listed in Article
216218 7B.001(a)(1) or (2) constitutes reasonable grounds under
217219 Subsection (a).
218220 (e) Article 7B.004, Code of Criminal Procedure, is amended
219221 to conform to Chapter 955 (S.B. 194), Acts of the 86th Legislature,
220222 Regular Session, 2019, to read as follows:
221223 Art. 7B.004. HEARSAY STATEMENT OF CHILD VICTIM. In a
222224 hearing on an application for a protective order under this
223225 subchapter, a statement that is made by a child younger than 14
224226 years of age who is the victim of an offense under Section 21.02,
225227 21.11, 22.011, 22.012, or 22.021, Penal Code, and that describes
226228 the offense committed against the child is admissible as evidence
227229 in the same manner that a child's statement regarding alleged abuse
228230 against the child is admissible under Section 104.006, Family Code,
229231 in a suit affecting the parent-child relationship.
230232 (f) Article 7B.007, Code of Criminal Procedure, is amended
231233 to conform to Chapter 1066 (H.B. 1343), Acts of the 86th
232234 Legislature, Regular Session, 2019, by adding Subsection (a-1) to
233235 read as follows:
234236 (a-1) The court shall issue a protective order effective for
235237 the duration of the lives of the offender and victim if the offender
236238 is:
237239 (1) convicted of or placed on deferred adjudication
238240 community supervision for an offense listed in Article 7B.001(a)(1)
239241 or (2); and
240242 (2) required under Chapter 62 to register for life as a
241243 sex offender.
242244 (g) The following provisions are repealed:
243245 (1) Section 2, Chapter 955 (S.B. 194), Acts of the 86th
244246 Legislature, Regular Session, 2019, which amended the heading to
245247 Chapter 7A, Code of Criminal Procedure;
246248 (2) Section 3, Chapter 955 (S.B. 194), and Section 1,
247249 Chapter 1066 (H.B. 1343), Acts of the 86th Legislature, Regular
248250 Session, 2019, which amended Article 7A.01, Code of Criminal
249251 Procedure;
250252 (3) Section 4, Chapter 955 (S.B. 194), Acts of the 86th
251253 Legislature, Regular Session, 2019, which amended Article 7A.02,
252254 Code of Criminal Procedure;
253255 (4) Section 5, Chapter 955 (S.B. 194), and Section 2,
254256 Chapter 1066 (H.B. 1343), Acts of the 86th Legislature, Regular
255257 Session, 2019, which amended Article 7A.03, Code of Criminal
256258 Procedure;
257259 (5) Section 6, Chapter 955 (S.B. 194), Acts of the 86th
258260 Legislature, Regular Session, 2019, which amended Article 7A.035,
259261 Code of Criminal Procedure; and
260262 (6) Section 3, Chapter 1066 (H.B. 1343), Acts of the
261263 86th Legislature, Regular Session, 2019, which amended Article
262264 7A.07, Code of Criminal Procedure.
263265 SECTION 4.003. Article 16.22(c), Code of Criminal
264266 Procedure, as amended by Chapters 582 (S.B. 362) and 1276 (H.B.
265267 601), Acts of the 86th Legislature, Regular Session, 2019, is
266268 reenacted to read as follows:
267269 (c) After the trial court receives the applicable expert's
268270 written report relating to the defendant under Subsection (b-1) or
269271 elects to use the results of a previous determination as described
270272 by Subsection (a)(2), the trial court may, as applicable:
271273 (1) resume criminal proceedings against the
272274 defendant, including any appropriate proceedings related to the
273275 defendant's release on personal bond under Article 17.032 if the
274276 defendant is being held in custody;
275277 (2) resume or initiate competency proceedings, if
276278 required, as provided by Chapter 46B;
277279 (3) consider the written report during the punishment
278280 phase after a conviction of the offense for which the defendant was
279281 arrested, as part of a presentence investigation report, or in
280282 connection with the impositions of conditions following placement
281283 on community supervision, including deferred adjudication
282284 community supervision;
283285 (4) refer the defendant to an appropriate specialty
284286 court established or operated under Subtitle K, Title 2, Government
285287 Code; or
286288 (5) if the offense charged does not involve an act,
287289 attempt, or threat of serious bodily injury to another person,
288290 release the defendant on bail while charges against the defendant
289291 remain pending and enter an order transferring the defendant to the
290292 appropriate court for court-ordered outpatient mental health
291293 services under Chapter 574, Health and Safety Code.
292294 SECTION 4.004. Section 4, Article 42.01, Code of Criminal
293295 Procedure, is amended to correct a typographical error to read as
294296 follows:
295297 Sec. 4. The Office of Court Administration of the Texas
296298 Judicial System shall promulgate a standardized felony judgment
297299 form that conforms to the requirements of Section 1 of this article.
298300 A court entering a felony judgment [judgement] shall use the form
299301 promulgated under this section.
300302 SECTION 4.005. Article 42A.102(b), Code of Criminal
301303 Procedure, as amended by Chapters 1137 (H.B. 2758) and 1298 (H.B.
302304 3582), Acts of the 86th Legislature, Regular Session, 2019, is
303305 reenacted and amended to read as follows:
304306 (b) In all other cases, the judge may grant deferred
305307 adjudication community supervision unless:
306308 (1) the defendant is charged with an offense:
307309 (A) under Section 20A.02, [or] 20A.03, [or]
308310 49.045, 49.05, 49.065, 49.07, or 49.08, Penal Code;
309311 (B) under Section 49.04 or 49.06, Penal Code,
310312 and, at the time of the offense:
311313 (i) the defendant held a commercial
312314 driver's license or a commercial learner's permit; or
313315 (ii) the defendant's alcohol concentration,
314316 as defined by Section 49.01, Penal Code, was 0.15 or more;
315317 (C) for which punishment may be increased under
316318 Section 49.09, Penal Code; or
317319 (D) for which punishment may be increased under
318320 Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
319321 is shown that the defendant has been previously convicted of an
320322 offense for which punishment was increased under any one of those
321323 subsections;
322324 (2) the defendant:
323325 (A) is charged with an offense under Section
324326 21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of
325327 the age of the victim, or a felony described by Article 42A.453(b),
326328 other than a felony described by Subdivision (1)(A) or (3)(B) of
327329 this subsection; and
328330 (B) has previously been placed on community
329331 supervision for an offense under Paragraph (A);
330332 (3) the defendant is charged with an offense under:
331333 (A) Section 21.02, Penal Code; or
332334 (B) Section 22.021, Penal Code, that is
333335 punishable under Subsection (f) of that section or under Section
334336 12.42(c)(3) or (4), Penal Code; or
335337 (4) the defendant is charged with an offense under
336338 Section 19.02, Penal Code, except that the judge may grant deferred
337339 adjudication community supervision on determining that the
338340 defendant did not cause the death of the deceased, did not intend to
339341 kill the deceased or another, and did not anticipate that a human
340342 life would be taken.
341343 SECTION 4.006. Article 42A.408(e-1), Code of Criminal
342344 Procedure, is amended to conform to Chapter 1094 (H.B. 2048), Acts
343345 of the 86th Legislature, Regular Session, 2019, to read as follows:
344346 (e-1) Except as provided by Subsection (e-2), a judge
345347 granting deferred adjudication community supervision to a
346348 defendant for an offense under Section 49.04 or 49.06, Penal Code,
347349 shall require that the defendant as a condition of community
348350 supervision have an ignition interlock device installed on the
349351 motor vehicle owned by the defendant or on the vehicle most
350352 regularly driven by the defendant and that the defendant not
351353 operate any motor vehicle that is not equipped with that device. If
352354 the judge determines that the defendant is unable to pay for the
353355 ignition interlock device, the judge may impose a reasonable
354356 payment schedule, as provided by Subsection (f). If the defendant
355357 provides the court evidence under Section 709.001 [708.158],
356358 Transportation Code, sufficient to establish that the defendant is
357359 indigent for purposes of that section, the judge may enter in the
358360 record a finding that the defendant is indigent and reduce the costs
359361 to the defendant by ordering a waiver of the installation charge for
360362 the ignition interlock device and a 50 percent reduction of the
361363 monthly device monitoring fee. A reduction in costs ordered under
362364 this subsection does not apply to any fees that may be assessed
363365 against the defendant if the ignition interlock device detects
364366 ethyl alcohol on the breath of the person attempting to operate the
365367 motor vehicle.
366368 SECTION 4.007. (a) Article 56A.001, Code of Criminal
367369 Procedure, is amended to conform to Section 1, Chapter 1037 (H.B.
368370 616), Acts of the 86th Legislature, Regular Session, 2019, by
369371 adding Subdivision (6-a) to read as follows:
370372 (6-a) "Sexual assault examiner" and "sexual assault
371373 nurse examiner" have the meanings assigned by Section 420.003,
372374 Government Code.
373375 (b) Section 1, Chapter 1037 (H.B. 616), Acts of the 86th
374376 Legislature, Regular Session, 2019, which amended Article 56.01,
375377 Code of Criminal Procedure, is repealed.
376378 SECTION 4.008. (a) The heading to Article 56A.052, Code of
377379 Criminal Procedure, is amended to conform to Section 8, Chapter 955
378380 (S.B. 194), Acts of the 86th Legislature, Regular Session, 2019, to
379381 read as follows:
380382 Art. 56A.052. ADDITIONAL RIGHTS OF VICTIMS OF SEXUAL
381383 ASSAULT, INDECENT ASSAULT, STALKING, OR TRAFFICKING.
382384 (b) Section 8, Chapter 955 (S.B. 194), Acts of the 86th
383385 Legislature, Regular Session, 2019, which amended the heading to
384386 Article 56.021, Code of Criminal Procedure, is repealed.
385387 SECTION 4.009. (a) Article 56A.052, Code of Criminal
386388 Procedure, is amended to conform to Section 4.02, Chapter 413 (S.B.
387389 20), Section 2, Chapter 529 (S.B. 1801), Section 9, Chapter 955
388390 (S.B. 194), and Section 2, Chapter 1037 (H.B. 616), Acts of the 86th
389391 Legislature, Regular Session, 2019, by amending Subsections (a) and
390392 (d) and adding Subsection (e) to read as follows:
391393 (a) If the offense is a sexual assault, a victim, guardian
392394 of a victim, or close relative of a deceased victim is entitled to
393395 the following rights within the criminal justice system:
394396 (1) if requested, the right to a disclosure of
395397 information regarding:
396398 (A) any evidence that was collected during the
397399 investigation of the offense, unless disclosing the information
398400 would interfere with the investigation or prosecution of the
399401 offense, in which event the victim, guardian, or relative shall be
400402 informed of the estimated date on which that information is
401403 expected to be disclosed; and
402404 (B) the status of any analysis being performed of
403405 any evidence described by Paragraph (A);
404406 (2) if requested, the right to be notified:
405407 (A) at the time a request is submitted to a crime
406408 laboratory to process and analyze any evidence that was collected
407409 during the investigation of the offense;
408410 (B) at the time of the submission of a request to
409411 compare any biological evidence collected during the investigation
410412 of the offense with DNA profiles maintained in a state or federal
411413 DNA database; and
412414 (C) of the results of the comparison described by
413415 Paragraph (B), unless disclosing the results would interfere with
414416 the investigation or prosecution of the offense, in which event the
415417 victim, guardian, or relative shall be informed of the estimated
416418 date on which those results are expected to be disclosed;
417419 (3) if requested, the right to counseling regarding
418420 acquired immune deficiency syndrome (AIDS) and human
419421 immunodeficiency virus (HIV) infection; and
420422 (4) for the victim, the right to:
421423 (A) testing for acquired immune deficiency
422424 syndrome (AIDS), human immunodeficiency virus (HIV) infection,
423425 antibodies to HIV, or infection with any other probable causative
424426 agent of AIDS; and
425427 (B) a forensic medical examination to the extent
426428 provided by Subchapters F and G if, within 120 [96] hours of the
427429 offense:
428430 (i) the offense is reported to a law
429431 enforcement agency; or
430432 (ii) a forensic medical examination is
431433 otherwise conducted at a health care facility.
432434 (d) This subsection applies only to a victim of an offense
433435 under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012,
434436 22.021, 42.072, or 43.05, Penal Code. A victim described by this
435437 subsection or a parent or guardian of the victim is entitled to the
436438 following rights within the criminal justice system:
437439 (1) the right to be informed:
438440 (A) that the victim or the victim's parent or
439441 guardian, as applicable, may file an application for a protective
440442 order under Article 7B.001;
441443 (B) of the court in which the application for a
442444 protective order may be filed; and
443445 (C) that, on request of the victim or of the
444446 victim's parent or guardian, as applicable, and subject to the
445447 Texas Disciplinary Rules of Professional Conduct, the attorney
446448 representing the state may file the application for a protective
447449 order on behalf of the victim;
448450 (2) the right to request that the attorney
449451 representing the state, subject to the Texas Disciplinary Rules of
450452 Professional Conduct, file an application for a protective order
451453 described by Subdivision (1);
452454 (3) if the victim or the victim's parent or guardian,
453455 as applicable, is present when the defendant is convicted or placed
454456 on deferred adjudication community supervision, the right to:
455457 (A) be given by the court the information
456458 described by Subdivision (1); and
457459 (B) file an application for a protective order
458460 under Article 7B.001 immediately following the defendant's
459461 conviction or placement on deferred adjudication community
460462 supervision if the court has jurisdiction over the application; and
461463 (4) if the victim or the victim's parent or guardian,
462464 as applicable, is not present when the defendant is convicted or
463465 placed on deferred adjudication community supervision, the right to
464466 be given by the attorney representing the state the information
465467 described by Subdivision (1).
466468 (e) A victim of an offense under Section 20A.02, 20A.03, or
467469 43.05, Penal Code, is entitled to be informed that the victim may
468470 petition for an order of nondisclosure of criminal history record
469471 information under Section 411.0728, Government Code, if the victim:
470472 (1) has been convicted of or placed on deferred
471473 adjudication community supervision for an offense described by
472474 Subsection (a)(1) of that section; and
473475 (2) committed that offense solely as a victim of an
474476 offense under Section 20A.02, 20A.03, or 43.05, Penal Code.
475477 (b) Section 4.02, Chapter 413 (S.B. 20), Section 2, Chapter
476478 529 (S.B. 1801), Section 9, Chapter 955 (S.B. 194), and Section 2,
477479 Chapter 1037 (H.B. 616), Acts of the 86th Legislature, Regular
478480 Session, 2019, which amended Article 56.021, Code of Criminal
479481 Procedure, are repealed.
480482 SECTION 4.010. (a) Subchapter F, Chapter 56A, Code of
481483 Criminal Procedure, is amended to conform to Section 3, Chapter
482484 1037 (H.B. 616), Acts of the 86th Legislature, Regular Session,
483485 2019, by adding Articles 56A.2505 and 56A.256 to read as follows:
484486 Art. 56A.2505. APPLICABILITY. This subchapter applies to
485487 health care facilities described by Article 56A.302.
486488 Art. 56A.256. RULES. The attorney general shall adopt
487489 rules necessary to implement this subchapter.
488490 (b) Article 56A.251, Code of Criminal Procedure, is amended
489491 to conform to Section 3, Chapter 1037 (H.B. 616), Acts of the 86th
490492 Legislature, Regular Session, 2019, by amending Subsection (a) and
491493 adding Subsection (d) to read as follows:
492494 (a) Except as provided by Subsection (b), if a sexual
493495 assault is reported to a law enforcement agency within 120 [96]
494496 hours after the assault, the law enforcement agency, with the
495497 consent of the victim of the alleged assault, a person authorized to
496498 act on behalf of the victim, or an employee of the Department of
497499 Family and Protective Services, shall request a forensic medical
498500 examination of the victim for use in the investigation or
499501 prosecution of the offense.
500502 (d) If a sexual assault is reported to a law enforcement
501503 agency as provided by Subsection (a) or (c), the law enforcement
502504 agency shall document, in the form and manner required by the
503505 attorney general, whether the agency requested a forensic medical
504506 examination. The law enforcement agency shall:
505507 (1) provide the documentation of the agency's decision
506508 regarding a request for a forensic medical examination to:
507509 (A) the health care facility and the sexual
508510 assault examiner or sexual assault nurse examiner, as applicable,
509511 who provides services to the victim that are related to the sexual
510512 assault; and
511513 (B) the victim or the person who consented to the
512514 forensic medical examination on behalf of the victim; and
513515 (2) maintain the documentation of the agency's
514516 decision in accordance with the agency's record retention policies.
515517 (c) Article 56A.252, Code of Criminal Procedure, is amended
516518 to conform to Sections 3 and 8, Chapter 1037 (H.B. 616), Acts of the
517519 86th Legislature, Regular Session, 2019, to read as follows:
518520 Art. 56A.252. PAYMENT OF COSTS OF EXAMINATION. (a) [A law
519521 enforcement agency that requests a forensic medical examination
520522 under Article 56A.251 shall pay all costs of the examination.] On
521523 application to the attorney general, a health care facility that
522524 provides a forensic medical examination to a sexual assault
523525 survivor in accordance with this subchapter, or the [law
524526 enforcement agency is entitled to be reimbursed for the reasonable
525527 costs of the examination if the examination was performed by a
526528 physician or by a] sexual assault examiner or sexual assault nurse
527529 examiner who conducts that examination, as applicable, is entitled
528530 to be reimbursed in an amount set by attorney general rule for:
529531 (1) the reasonable costs of the forensic portion of
530532 that examination; and
531533 (2) the evidence collection kit [defined by Section
532534 420.003, Government Code].
533535 (b) The application under Subsection (a) must be in the form
534536 and manner prescribed by the attorney general and must include:
535537 (1) the documentation that the law enforcement agency
536538 requested the forensic medical examination, as required under
537539 Article 56A.251(d); and
538540 (2) a complete and itemized bill of the reasonable
539541 costs of the forensic portion of the examination.
540542 (c) A health care facility or a sexual assault examiner or
541543 sexual assault nurse examiner, as applicable, who applies for
542544 reimbursement under Subsection (a) shall accept reimbursement from
543545 the attorney general as payment for the costs unless:
544546 (1) the health care facility or sexual assault
545547 examiner or sexual assault nurse examiner, as applicable:
546548 (A) requests, in writing, additional
547549 reimbursement from the attorney general; and
548550 (B) provides documentation in support of the
549551 additional reimbursement, as reasonably requested by the attorney
550552 general; and
551553 (2) the attorney general determines that there is a
552554 reasonable justification for additional reimbursement.
553555 (d) A health care facility is not entitled to reimbursement
554556 under this article unless the forensic medical examination was
555557 conducted at the facility by a physician, sexual assault examiner,
556558 or sexual assault nurse examiner.
557559 (e) On request, the attorney general may provide training to
558560 a health care facility regarding the process for applying for
559561 reimbursement under this article.
560562 (d) Section 3, Chapter 1037 (H.B. 616), Acts of the 86th
561563 Legislature, Regular Session, 2019, which amended Article 56.06,
562564 Code of Criminal Procedure, is repealed.
563565 SECTION 4.011. Article 56A.301(3), Code of Criminal
564566 Procedure, is repealed to conform to the repeal of Article
565567 56.065(a)(3), Code of Criminal Procedure, by Section 8, Chapter
566568 1037 (H.B. 616), Acts of the 86th Legislature, Regular Session,
567569 2019.
568570 SECTION 4.012. (a) Article 56A.303(a), Code of Criminal
569571 Procedure, is amended to conform to Section 4, Chapter 1037 (H.B.
570572 616), Acts of the 86th Legislature, Regular Session, 2019, to read
571573 as follows:
572574 (a) In accordance with Subchapter B, Chapter 420,
573575 Government Code, and except as provided by Subsection (b), a health
574576 care facility shall conduct a forensic medical examination of a
575577 victim of an alleged sexual assault if:
576578 (1) the victim arrives at the facility within 120 [96]
577579 hours after the assault occurred;
578580 (2) the victim consents to the examination; and
579581 (3) at the time of the examination the victim has not
580582 reported the assault to a law enforcement agency.
581583 (b) Article 56A.304, Code of Criminal Procedure, is amended
582584 to conform to Sections 4 and 8, Chapter 1037 (H.B. 616), Acts of the
583585 86th Legislature, Regular Session, 2019, to read as follows:
584586 Art. 56A.304. PAYMENT OF FEES RELATED TO EXAMINATION. (a)
585587 On application to the [The department shall pay the appropriate
586588 fees, as set by] attorney general [rule], a health care facility
587589 that provides [for the forensic portion of] a forensic medical
588590 examination to a sexual assault survivor in accordance with this
589591 subchapter, or the [conducted under Article 56A.303(a) and for the
590592 evidence collection kit if a physician,] sexual assault examiner
591593 [,] or sexual assault nurse examiner who conducts that [the
592594 forensic portion of the] examination, as applicable, within 120
593595 [96] hours after the alleged sexual assault occurred is entitled to
594596 be reimbursed in an amount set by attorney general rule for:
595597 (1) the reasonable costs of the forensic portion of
596598 that examination; and
597599 (2) the evidence collection kit.
598600 (b) The application under Subsection (a) must be in the form
599601 and manner prescribed by the attorney general and must include:
600602 (1) certification that the examination was conducted
601603 in accordance with the requirements of Article 56A.303(a); and
602604 (2) a complete and itemized bill of the reasonable
603605 costs of the forensic portion of the examination [attorney general
604606 shall reimburse the department for fees paid under Subsection (a)].
605607 (c) A health care facility or a sexual assault examiner or
606608 sexual assault nurse examiner, as applicable, who applies for
607609 reimbursement under Subsection (a) shall accept reimbursement from
608610 the attorney general as payment for the costs unless:
609611 (1) the health care facility or sexual assault
610612 examiner or sexual assault nurse examiner, as applicable:
611613 (A) requests, in writing, additional
612614 reimbursement from the attorney general; and
613615 (B) provides documentation in support of the
614616 additional reimbursement, as reasonably requested by the attorney
615617 general; and
616618 (2) the attorney general determines that there is a
617619 reasonable justification for additional reimbursement.
618620 (d) A health care facility is not entitled to reimbursement
619621 under this article unless the forensic medical examination was
620622 conducted at the facility by a physician, sexual assault examiner,
621623 or sexual assault nurse examiner.
622624 (e) On request, the attorney general may provide training to
623625 a health care facility regarding the process for applying for
624626 reimbursement under this article.
625627 (f) A victim of an alleged sexual assault may not be
626628 required to pay for:
627629 (1) the forensic portion of the forensic medical
628630 examination; or
629631 (2) the evidence collection kit.
630632 (c) Section 4, Chapter 1037 (H.B. 616), Acts of the 86th
631633 Legislature, Regular Session, 2019, which amended Article 56.065,
632634 Code of Criminal Procedure, is repealed.
633635 SECTION 4.013. (a) Article 56A.306, Code of Criminal
634636 Procedure, is amended to conform to Section 4, Chapter 408 (H.B. 8),
635637 Acts of the 86th Legislature, Regular Session, 2019, to read as
636638 follows:
637639 Art. 56A.306. PROCEDURES FOR TRANSFER AND PRESERVATION OF
638640 EVIDENCE. (a) The department, consistent with Chapter 420,
639641 Government Code, shall develop procedures for:
640642 (1) the transfer [and preservation] of evidence
641643 collected under this subchapter to a crime laboratory or other
642644 suitable location designated by the public safety director of the
643645 department;
644646 (2) the preservation of the evidence by the entity
645647 receiving the evidence; and
646648 (3) the notification of the victim of the offense
647649 before a planned destruction of evidence under this article.
648650 (b) Subject to Subsection (c), an [An] entity receiving
649651 [the] evidence described by Subsection (a) shall preserve the
650652 evidence until the earlier of:
651653 (1) the fifth [second] anniversary of the date on
652654 which the evidence was collected; or
653655 (2) the date on which written consent to release the
654656 evidence is obtained as provided by Section 420.0735, Government
655657 Code.
656658 (c) An entity receiving evidence described by Subsection
657659 (a) may destroy the evidence on the expiration of the entity's duty
658660 to preserve the evidence under Subsection (b)(1) only if:
659661 (1) the entity provides written notification to the
660662 victim of the offense, in a trauma-informed manner, of the decision
661663 to destroy the evidence that includes:
662664 (A) detailed instructions on how the victim may
663665 make a written objection to the decision, including contact
664666 information for the entity; or
665667 (B) a standard form for the victim to complete
666668 and return to the entity to make a written objection to the
667669 decision; and
668670 (2) a written objection is not received by the entity
669671 from the victim before the 91st day after the date on which the
670672 entity notifies the victim of the planned destruction of the
671673 evidence.
672674 (d) The entity shall document the entity's attempt to notify
673675 the victim under Subsection (c).
674676 (b) Section 4, Chapter 408 (H.B. 8), Acts of the 86th
675677 Legislature, Regular Session, 2019, which amended Article 56.065,
676678 Code of Criminal Procedure, is repealed.
677679 SECTION 4.014. (a) Article 56B.003(13), Code of Criminal
678680 Procedure, is amended to conform to Section 3.06, Chapter 413 (S.B.
679681 20), Acts of the 86th Legislature, Regular Session, 2019, to read as
680682 follows:
681683 (13) "Trafficking of persons" means any offense that
682684 results in a person engaging in forced labor or services, including
683685 sexual conduct, and that may be prosecuted under Section 20A.02,
684686 20A.03, 43.03, 43.031, 43.04, 43.041, 43.05, 43.25, 43.251, or
685687 43.26, Penal Code.
686688 (b) Section 3.06, Chapter 413 (S.B. 20), Acts of the 86th
687689 Legislature, Regular Session, 2019, which amended Article
688690 56.32(a)(14), Code of Criminal Procedure, is repealed.
689691 SECTION 4.015. (a) Article 56B.106(c), Code of Criminal
690692 Procedure, is amended to conform to Section 1, Chapter 187 (H.B.
691693 2079), Acts of the 86th Legislature, Regular Session, 2019, to read
692694 as follows:
693695 (c) A [victim who is a] victim of stalking, family violence,
694696 or trafficking of persons, [or] a victim of sexual assault who is
695697 assaulted in the victim's place of residence, or a child who is a
696698 victim of a murder attempt in the child's place of residence may
697699 receive a one-time assistance payment in an amount not to exceed:
698700 (1) $2,000 to be used for relocation expenses,
699701 including expenses for rental deposit, utility connections,
700702 expenses relating to moving belongings, motor vehicle mileage
701703 expenses, and for an out-of-state move, transportation, lodging,
702704 and meals; and
703705 (2) $1,800 to be used for housing rental expenses.
704706 (b) Section 1, Chapter 187 (H.B. 2079), Acts of the 86th
705707 Legislature, Regular Session, 2019, which amended Article
706708 56.42(d), Code of Criminal Procedure, is repealed.
707709 SECTION 4.016. (a) Article 56B.453(d), Code of Criminal
708710 Procedure, is amended to conform to Section 5, Chapter 1037 (H.B.
709711 616), Acts of the 86th Legislature, Regular Session, 2019, to read
710712 as follows:
711713 (d) The attorney general may use the fund to:
712714 (1) reimburse a health care facility or a sexual
713715 assault examiner or sexual assault nurse examiner for certain costs
714716 of a forensic medical examination that are incurred by the facility
715717 or the examiner [law enforcement agency for the reasonable costs of
716718 a forensic medical examination that are incurred by the agency]
717719 under Subchapter F or G, Chapter 56A, as provided by those
718720 subchapters; and
719721 (2) make a payment to or on behalf of an individual for
720722 the reasonable costs incurred for medical care provided under
721723 Subchapter F or G, Chapter 56A, in accordance with Section 323.004,
722724 Health and Safety Code.
723725 (b) Section 5, Chapter 1037 (H.B. 616), Acts of the 86th
724726 Legislature, Regular Session, 2019, which amended Article
725727 56.54(k), Code of Criminal Procedure, is repealed.
726728 SECTION 4.017. (a) Article 58.051(11), Code of Criminal
727729 Procedure, is amended to conform to Section 3.07, Chapter 413 (S.B.
728730 20), Acts of the 86th Legislature, Regular Session, 2019, to read as
729731 follows:
730732 (11) "Trafficking of persons" means any conduct that:
731733 (A) constitutes an offense under Section 20A.02,
732734 20A.03, 43.03, 43.031, 43.04, 43.041, 43.05, 43.25, 43.251, or
733735 43.26, Penal Code; and
734736 (B) results in a person:
735737 (i) engaging in forced labor or services;
736738 or
737739 (ii) otherwise becoming a victim of the
738740 offense.
739741 (b) Section 3.07, Chapter 413 (S.B. 20), Acts of the 86th
740742 Legislature, Regular Session, 2019, which amended Article
741743 56.81(7), Code of Criminal Procedure, is repealed.
742744 SECTION 4.018. Article 102.0173, Code of Criminal
743745 Procedure, as amended by Chapters 656 (S.B. 1840) and 1352 (S.B.
744746 346), Acts of the 86th Legislature, Regular Session, 2019, is
745747 reenacted and amended to read as follows:
746748 Art. 102.0173. JUSTICE COURT ASSISTANCE AND TECHNOLOGY
747749 FUND. (a) The justice court assistance and technology fund is a
748750 fund in the county treasury. The fund consists of money allocated
749751 to the fund under Section 134.103, Local Government Code.
750752 (b) Money in the justice court assistance and technology
751753 fund may be used only to finance:
752754 (1) the cost of providing court personnel, including
753755 salaries and benefits for the court personnel;
754756 (2) the cost of continuing education and training for
755757 justice court judges and court personnel; and
756758 (3) the purchase and maintenance of technological
757759 enhancements for a justice court, including:
758760 (A) computer systems;
759761 (B) computer networks;
760762 (C) computer hardware;
761763 (D) computer software;
762764 (E) imaging systems;
763765 (F) electronic kiosks;
764766 (G) electronic ticket writers; and
765767 (H) docket management systems.
766768 (c) The justice court assistance and technology fund shall
767769 be administered by or under the direction of the commissioners
768770 court of the county.
769771 (d) A justice court may, subject to the approval of the
770772 commissioners court, use a fund designated by this article to
771773 assist a constable's office or other county department with a
772774 technological enhancement, or cost related to the enhancement,
773775 described by Subsection (b)(3) [(d)(3)] if the enhancement directly
774776 relates to the operation or efficiency of the justice court.
775777 SECTION 4.019. Article 102.020(a), Code of Criminal
776778 Procedure, as amended by Chapter 1285 (H.B. 1399), Acts of the 86th
777779 Legislature, Regular Session, 2019, is repealed to conform to the
778780 repeal of Article 102.020, Code of Criminal Procedure, by Chapter
779781 1352 (S.B. 346), Acts of the 86th Legislature, Regular Session,
780782 2019.
781783 SECTION 4.020. Article 102.022(a), Code of Criminal
782784 Procedure, as amended by Chapter 1094 (H.B. 2048), Acts of the 86th
783785 Legislature, Regular Session, 2019, is repealed to conform to the
784786 repeal of Article 102.022, Code of Criminal Procedure, by Chapter
785787 1352 (S.B. 346), Acts of the 86th Legislature, Regular Session,
786788 2019.
787789 SECTION 4.021. Article 102.030(b), Code of Criminal
788790 Procedure, is amended to correct a reference to read as follows:
789791 (b) The treasurer shall deposit the reimbursement fees
790792 collected under this article [section] in a separate account in the
791793 general fund of the county or municipality to be used for the
792794 purpose of improving the collection of outstanding court costs,
793795 fines, reimbursement fees, or restitution or improving the
794796 efficiency of the administration of justice in the county or
795797 municipality. The county or municipality shall prioritize the
796798 needs of the judicial officer who collected the fees when making
797799 expenditures under this subsection and use the money deposited to
798800 provide for those needs.
799801 ARTICLE 5. CHANGES RELATING TO EDUCATION CODE
800802 SECTION 5.001. Section 8.155(a), Education Code, is amended
801803 to correct a reference to read as follows:
802804 (a) A non-physician mental health professional employed
803805 under Section 8.152 shall, to the greatest extent possible, work
804806 collaboratively with the regional education service center and
805807 shall act as a resource for the center and school district personnel
806808 by:
807809 (1) helping personnel gain awareness and a better
808810 understanding of mental health and co-occurring mental health and
809811 substance use disorders;
810812 (2) assisting personnel to implement initiatives
811813 related to mental health or substance use under state law or agency
812814 rules, interagency memorandums of understanding, and related
813815 programs;
814816 (3) ensuring personnel are aware of:
815817 (A) the list of recommended best practice-based
816818 programs and research-based practices developed under Section
817819 38.351 [Section 161.325, Health and Safety Code];
818820 (B) other public and private mental health and
819821 substance use prevention, treatment, and recovery programs
820822 available in the school district, including evidence-based
821823 programs provided by a local mental health authority and other
822824 public or private mental health providers; and
823825 (C) other available public and private mental
824826 health and substance use prevention, treatment, and recovery
825827 program resources administered by the local mental health authority
826828 or the Health and Human Services Commission to support school
827829 districts, students, and families;
828830 (4) on a monthly basis, facilitating mental health
829831 first aid training;
830832 (5) on a monthly basis, facilitating training
831833 regarding the effects of grief and trauma and providing support to
832834 children with intellectual or developmental disabilities who
833835 suffer from grief or trauma; and
834836 (6) on a monthly basis, facilitating training on
835837 prevention and intervention programs that have been shown to be
836838 effective in helping students cope with pressures to:
837839 (A) use alcohol, cigarettes, or illegal drugs; or
838840 (B) misuse prescription drugs.
839841 SECTION 5.002. Section 11.157(b), Education Code, as added
840842 by Chapter 677 (S.B. 2117), Acts of the 86th Legislature, Regular
841843 Session, 2019, is amended to conform to the transfer and
842844 redesignation of Section 42.2511, Education Code, by Chapter 943
843845 (H.B. 3), Acts of the 86th Legislature, Regular Session, 2019, to
844846 read as follows:
845847 (b) A school district under contract with an
846848 open-enrollment charter school to jointly operate a campus or
847849 campus program during the 2017-2018 school year and under any
848850 renewal of that contract during the 2018-2019 school year is
849851 eligible to receive funding under former Section 42.2511 for each
850852 student or the portion of each student's school day under the
851853 direction of the open-enrollment charter school. Beginning with
852854 the 2019-2020 school year, a school district is eligible to receive
853855 funding under Section 48.252 on the renewal of a contract described
854856 by this section. The commissioner may adopt rules to determine the
855857 portion of funding a school district is entitled to under this
856858 subsection.
857859 SECTION 5.003. Section 12.104(b), Education Code, as
858860 amended by Chapters 262 (H.B. 1597), 464 (S.B. 11), 467 (H.B. 4170),
859861 and 943 (H.B. 3), Acts of the 86th Legislature, Regular Session,
860862 2019, is reenacted and amended to read as follows:
861863 (b) An open-enrollment charter school is subject to:
862864 (1) a provision of this title establishing a criminal
863865 offense;
864866 (2) the provisions in Chapter 554, Government Code;
865867 and
866868 (3) a prohibition, restriction, or requirement, as
867869 applicable, imposed by this title or a rule adopted under this
868870 title, relating to:
869871 (A) the Public Education Information Management
870872 System (PEIMS) to the extent necessary to monitor compliance with
871873 this subchapter as determined by the commissioner;
872874 (B) criminal history records under Subchapter C,
873875 Chapter 22;
874876 (C) reading instruments and accelerated reading
875877 instruction programs under Section 28.006;
876878 (D) accelerated instruction under Section
877879 28.0211;
878880 (E) high school graduation requirements under
879881 Section 28.025;
880882 (F) special education programs under Subchapter
881883 A, Chapter 29;
882884 (G) bilingual education under Subchapter B,
883885 Chapter 29;
884886 (H) prekindergarten programs under Subchapter E
885887 or E-1, Chapter 29;
886888 (I) extracurricular activities under Section
887889 33.081;
888890 (J) discipline management practices or behavior
889891 management techniques under Section 37.0021;
890892 (K) health and safety under Chapter 38;
891893 (L) public school accountability under
892894 Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
893895 (M) the requirement under Section 21.006 to
894896 report an educator's misconduct;
895897 (N) intensive programs of instruction under
896898 Section 28.0213;
897899 (O) the right of a school employee to report a
898900 crime, as provided by Section 37.148;
899901 (P) bullying prevention policies and procedures
900902 under Section 37.0832;
901903 (Q) the right of a school under Section 37.0052
902904 to place a student who has engaged in certain bullying behavior in a
903905 disciplinary alternative education program or to expel the student;
904906 (R) the right under Section 37.0151 to report to
905907 local law enforcement certain conduct constituting assault or
906908 harassment;
907909 (S) a parent's right to information regarding the
908910 provision of assistance for learning difficulties to the parent's
909911 child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
910912 (T) establishment of residency under Section
911913 25.001;
912914 (U) [(T)] school safety requirements under
913915 Sections 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.115,
914916 37.207, and 37.2071;
915917 (V) [(T)] the early childhood literacy and
916918 mathematics proficiency plans under Section 11.185; and
917919 (W) [(U)] the college, career, and military
918920 readiness plans under Section 11.186.
919921 SECTION 5.004. Section 21.410, Education Code, as amended
920922 by Chapter 439 (S.B. 1376), Acts of the 86th Legislature, Regular
921923 Session, 2019, is repealed to conform to the repeal of Section
922924 21.410, Education Code, by Chapter 943 (H.B. 3), Acts of the 86th
923925 Legislature, Regular Session, 2019.
924926 SECTION 5.005. Section 21.451(d-3), Education Code, is
925927 amended to correct a reference to read as follows:
926928 (d-3) The digital learning training provided by Subsection
927929 (d)(1)(C) [(d)(1)(E)] must:
928930 (1) discuss basic technology proficiency expectations
929931 and methods to increase an educator's digital literacy; and
930932 (2) assist an educator in the use of digital
931933 technology in learning activities that improve teaching,
932934 assessment, and instructional practices.
933935 SECTION 5.006. Section 28.004(c), Education Code, as
934936 amended by Chapters 331 (S.B. 435), 352 (H.B. 18), and 464 (S.B.
935937 11), Acts of the 86th Legislature, Regular Session, 2019, is
936938 reenacted and amended to read as follows:
937939 (c) The local school health advisory council's duties
938940 include recommending:
939941 (1) the number of hours of instruction to be provided
940942 in:
941943 (A) health education in kindergarten through
942944 grade eight; and
943945 (B) if the school district requires health
944946 education for high school graduation, health education, including
945947 physical health education and mental health education, in grades 9
946948 through 12;
947949 (2) policies, procedures, strategies, and curriculum
948950 appropriate for specific grade levels designed to prevent physical
949951 health concerns, including obesity, cardiovascular disease, Type 2
950952 diabetes, and mental health concerns, including suicide, through
951953 coordination of:
952954 (A) health education, which must address
953955 physical health concerns and mental health concerns to ensure the
954956 integration of physical health education and mental health
955957 education;
956958 (B) physical education and physical activity;
957959 (C) nutrition services;
958960 (D) parental involvement;
959961 (E) instruction on substance abuse prevention;
960962 (F) school health services, including mental
961963 health services;
962964 (G) a comprehensive school counseling program
963965 under Section 33.005;
964966 (H) a safe and healthy school environment; and
965967 (I) school employee wellness;
966968 (3) appropriate grade levels and methods of
967969 instruction for human sexuality instruction;
968970 (4) strategies for integrating the curriculum
969971 components specified by Subdivision (2) with the following elements
970972 in a coordinated school health program for the district:
971973 (A) school health services, including physical
972974 health services and mental health services, if provided at a campus
973975 by the district or by a third party under a contract with the
974976 district;
975977 (B) a comprehensive school counseling program
976978 under Section 33.005;
977979 (C) a safe and healthy school environment; and
978980 (D) school employee wellness;
979981 (5) if feasible, joint use agreements or strategies
980982 for collaboration between the school district and community
981983 organizations or agencies; [and]
982984 (6) strategies to increase parental awareness
983985 regarding:
984986 (A) risky behaviors and early warning signs of
985987 suicide risks and behavioral health concerns, including mental
986988 health disorders and substance use disorders; and
987989 (B) available community programs and services
988990 that address risky behaviors, suicide risks, and behavioral health
989991 concerns; and
990992 (7) [(6)] appropriate grade levels and curriculum for
991993 instruction regarding opioid addiction and abuse and methods of
992994 administering an opioid antagonist, as defined by Section 483.101,
993995 Health and Safety Code.
994996 SECTION 5.007. Section 28.009(b-2), Education Code, as
995997 amended by Chapters 264 (S.B. 1276) and 901 (H.B. 3650), Acts of the
996998 86th Legislature, Regular Session, 2019, is reenacted and amended
997999 to read as follows:
9981000 (b-2) Any agreement, including a memorandum of
9991001 understanding or articulation agreement, between a school district
10001002 and public institution of higher education to provide a dual credit
10011003 program described by Subsection (b-1) must:
10021004 (1) include specific program goals aligned with the
10031005 statewide goals developed under Subsection (b-1);
10041006 (2) establish common advising strategies and
10051007 terminology related to dual credit and college readiness;
10061008 (3) provide for the alignment of endorsements
10071009 described by Section 28.025(c-1) offered by the district, and dual
10081010 credit courses offered under the agreement that apply towards those
10091011 endorsements, with postsecondary pathways and credentials at the
10101012 institution and industry certifications;
10111013 (4) identify tools, including tools developed by the
10121014 agency, the Texas Higher Education Coordinating Board, or the Texas
10131015 Workforce Commission, to assist school counselors, students, and
10141016 families in selecting endorsements offered by the district and dual
10151017 credit courses offered under the agreement;
10161018 (5) establish, or provide a procedure for
10171019 establishing, the course credits that may be earned under the
10181020 agreement, including by developing a course equivalency crosswalk
10191021 or other method for equating high school courses with college
10201022 courses and identifying the number of credits that may be earned for
10211023 each course completed through the program;
10221024 (6) describe the academic supports and, if applicable,
10231025 guidance that will be provided to students participating in the
10241026 program;
10251027 (7) establish the district's and the institution's
10261028 respective roles and responsibilities in providing the program and
10271029 ensuring the quality and instructional rigor of the program;
10281030 (8) state the sources of funding for courses offered
10291031 under the program, including, at a minimum, the sources of funding
10301032 for tuition, transportation, and any required fees or textbooks for
10311033 students participating in the program;
10321034 (9) require the district and the institution to
10331035 consider the use of free or low-cost open educational resources in
10341036 courses offered under the program; and
10351037 (10) [(7)] be posted each year on the district's and
10361038 the institution's respective Internet websites.
10371039 SECTION 5.008. Section 29.081(d), Education Code, as
10381040 amended by Chapters 403 (S.B. 1746), 597 (S.B. 668), and 1060 (H.B.
10391041 1051), Acts of the 86th Legislature, Regular Session, 2019, is
10401042 reenacted and amended to read as follows:
10411043 (d) For purposes of this section, "student at risk of
10421044 dropping out of school" includes each student who:
10431045 (1) is under 26 years of age and who:
10441046 (A) was not advanced from one grade level to the
10451047 next for one or more school years;
10461048 (B) if the student is in grade 7, 8, 9, 10, 11, or
10471049 12, did not maintain an average equivalent to 70 on a scale of 100 in
10481050 two or more subjects in the foundation curriculum during a semester
10491051 in the preceding or current school year or is not maintaining such
10501052 an average in two or more subjects in the foundation curriculum in
10511053 the current semester;
10521054 (C) did not perform satisfactorily on an
10531055 assessment instrument administered to the student under Subchapter
10541056 B, Chapter 39, and who has not in the previous or current school
10551057 year subsequently performed on that instrument or another
10561058 appropriate instrument at a level equal to at least 110 percent of
10571059 the level of satisfactory performance on that instrument;
10581060 (D) if the student is in prekindergarten,
10591061 kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on
10601062 a readiness test or assessment instrument administered during the
10611063 current school year;
10621064 (E) is pregnant or is a parent;
10631065 (F) has been placed in an alternative education
10641066 program in accordance with Section 37.006 during the preceding or
10651067 current school year;
10661068 (G) has been expelled in accordance with Section
10671069 37.007 during the preceding or current school year;
10681070 (H) is currently on parole, probation, deferred
10691071 prosecution, or other conditional release;
10701072 (I) was previously reported through the Public
10711073 Education Information Management System (PEIMS) to have dropped out
10721074 of school;
10731075 (J) is a student of limited English proficiency,
10741076 as defined by Section 29.052;
10751077 (K) is in the custody or care of the Department of
10761078 Family and Protective Services or has, during the current school
10771079 year, been referred to the department by a school official, officer
10781080 of the juvenile court, or law enforcement official;
10791081 (L) is homeless;
10801082 (M) resided in the preceding school year or
10811083 resides in the current school year in a residential placement
10821084 facility in the district, including a detention facility, substance
10831085 abuse treatment facility, emergency shelter, psychiatric hospital,
10841086 halfway house, cottage home operation, specialized child-care
10851087 home, or general residential operation; or
10861088 (N) [(14)] has been incarcerated or has a parent
10871089 or guardian who has been incarcerated, within the lifetime of the
10881090 student, in a penal institution as defined by Section 1.07, Penal
10891091 Code; or
10901092 (2) regardless of the student's age, participates in
10911093 an adult education program provided under a high school diploma and
10921094 industry certification charter school program under Section
10931095 29.259.
10941096 SECTION 5.009. Section 29.316(c), Education Code, as added
10951097 by Chapter 1036 (H.B. 548), Acts of the 86th Legislature, Regular
10961098 Session, 2019, is amended to conform to the transfer and
10971099 redesignation of Section 42.151, Education Code, by Chapter 943
10981100 (H.B. 3), Acts of the 86th Legislature, Regular Session, 2019, to
10991101 read as follows:
11001102 (c) Not later than August 31 of each year, the agency, the
11011103 division, and the center jointly shall prepare and post on the
11021104 agency's, the division's, and the center's respective Internet
11031105 websites a report on the language acquisition of children eight
11041106 years of age or younger who are deaf or hard of hearing. The report
11051107 must:
11061108 (1) include:
11071109 (A) existing data reported in compliance with
11081110 federal law regarding children with disabilities; and
11091111 (B) information relating to the language
11101112 acquisition of children who are deaf or hard of hearing and also
11111113 have other disabilities;
11121114 (2) state for each child:
11131115 (A) the instructional arrangement used with the
11141116 child, as described by Section 48.102 [42.151], including the time
11151117 the child spends in a mainstream instructional arrangement;
11161118 (B) the specific language acquisition services
11171119 provided to the child, including:
11181120 (i) the time spent providing those
11191121 services; and
11201122 (ii) a description of any hearing
11211123 amplification used in the delivery of those services, including:
11221124 (a) the type of hearing amplification
11231125 used;
11241126 (b) the period of time in which the
11251127 child has had access to the hearing amplification; and
11261128 (c) the average amount of time the
11271129 child uses the hearing amplification each day;
11281130 (C) the tools or assessments used to assess the
11291131 child's language acquisition and the results obtained;
11301132 (D) the preferred unique communication mode used
11311133 by the child at home; and
11321134 (E) the child's age, race, and gender, the age at
11331135 which the child was identified as being deaf or hard of hearing, and
11341136 any other relevant demographic information the commissioner
11351137 determines to likely be correlated with or have an impact on the
11361138 child's language acquisition;
11371139 (3) compare progress in English literacy made by
11381140 children who are deaf or hard of hearing to progress in that subject
11391141 made by children of the same age who are not deaf or hard of hearing,
11401142 by appropriate age range; and
11411143 (4) be redacted as necessary to comply with state and
11421144 federal law regarding the confidentiality of student medical or
11431145 educational information.
11441146 SECTION 5.010. Sections 37.108(b-1) and (f), Education
11451147 Code, are amended to correct references to read as follows:
11461148 (b-1) In a school district's safety and security audit
11471149 required under Subsection (b), the district must certify that the
11481150 district used the funds provided to the district through the school
11491151 safety allotment under Section 48.115 [42.168] only for the
11501152 purposes provided by that section.
11511153 (f) A school district shall include in its multihazard
11521154 emergency operations plan:
11531155 (1) a chain of command that designates the individual
11541156 responsible for making final decisions during a disaster or
11551157 emergency situation and identifies other individuals responsible
11561158 for making those decisions if the designated person is unavailable;
11571159 (2) provisions that address physical and
11581160 psychological safety for responding to a natural disaster, active
11591161 shooter, and any other dangerous scenario identified for purposes
11601162 of this section by the agency or the Texas School Safety Center;
11611163 (3) provisions for ensuring the safety of students in
11621164 portable buildings;
11631165 (4) provisions for ensuring that students and district
11641166 personnel with disabilities are provided equal access to safety
11651167 during a disaster or emergency situation;
11661168 (5) provisions for providing immediate notification
11671169 to parents, guardians, and other persons standing in parental
11681170 relation in circumstances involving a significant threat to the
11691171 health or safety of students, including identification of the
11701172 individual with responsibility for overseeing the notification;
11711173 (6) provisions for supporting the psychological
11721174 safety of students, district personnel, and the community during
11731175 the response and recovery phase following a disaster or emergency
11741176 situation that:
11751177 (A) are aligned with best practice-based
11761178 programs and research-based practices recommended under Section
11771179 38.351 [Section 161.325, Health and Safety Code];
11781180 (B) include strategies for ensuring any required
11791181 professional development training for suicide prevention and
11801182 grief-informed and trauma-informed care is provided to appropriate
11811183 school personnel;
11821184 (C) include training on integrating
11831185 psychological safety and suicide prevention strategies into the
11841186 district's plan, such as psychological first aid for schools
11851187 training, from an approved list of recommended training established
11861188 by the commissioner and Texas School Safety Center for:
11871189 (i) members of the district's school safety
11881190 and security committee under Section 37.109;
11891191 (ii) district school counselors and mental
11901192 health professionals; and
11911193 (iii) educators and other district
11921194 personnel as determined by the district;
11931195 (D) include strategies and procedures for
11941196 integrating and supporting physical and psychological safety that
11951197 align with the provisions described by Subdivision (2); and
11961198 (E) implement trauma-informed policies;
11971199 (7) a policy for providing a substitute teacher access
11981200 to school campus buildings and materials necessary for the
11991201 substitute teacher to carry out the duties of a district employee
12001202 during an emergency or a mandatory emergency drill; and
12011203 (8) the name of each individual on the district's
12021204 school safety and security committee established under Section
12031205 37.109 and the date of each committee meeting during the preceding
12041206 year.
12051207 SECTION 5.011. Section 37.115(k), Education Code, is
12061208 amended to correct a reference to read as follows:
12071209 (k) A team must report to the agency in accordance with
12081210 guidelines developed by the agency the following information
12091211 regarding the team's activities and other information for each
12101212 school district campus the team serves:
12111213 (1) the occupation of each person appointed to the
12121214 team;
12131215 (2) the number of threats and a description of the type
12141216 of the threats reported to the team;
12151217 (3) the outcome of each assessment made by the team,
12161218 including:
12171219 (A) any disciplinary action taken, including a
12181220 change in school placement;
12191221 (B) any action taken by law enforcement; or
12201222 (C) a referral to or change in counseling, mental
12211223 health, special education, or other services;
12221224 (4) the total number, disaggregated by student gender,
12231225 race, and status as receiving special education services, being at
12241226 risk of dropping out of school, being in foster care, experiencing
12251227 homelessness, being a dependent of military personnel, being
12261228 pregnant or a parent, having limited English proficiency, or being
12271229 a migratory child, of, in connection with an assessment or reported
12281230 threat by the team:
12291231 (A) citations issued for Class C misdemeanor
12301232 offenses;
12311233 (B) arrests;
12321234 (C) incidents of uses of restraint;
12331235 (D) changes in school placement, including
12341236 placement in a juvenile justice alternative education program or
12351237 disciplinary alternative education program;
12361238 (E) referrals to or changes in counseling, mental
12371239 health, special education, or other services;
12381240 (F) placements in in-school suspension or
12391241 out-of-school suspension and incidents of expulsion;
12401242 (G) unexcused absences of 15 or more days during
12411243 the school year; and
12421244 (H) referrals to juvenile court for truancy; and
12431245 (5) the number and percentage of school personnel
12441246 trained in:
12451247 (A) a best-practices program or research-based
12461248 practice under Section 38.351 [Section 161.325, Health and Safety
12471249 Code], including the number and percentage of school personnel
12481250 trained in:
12491251 (i) suicide prevention; or
12501252 (ii) grief and trauma-informed practices;
12511253 (B) mental health or psychological first aid for
12521254 schools;
12531255 (C) training relating to the safe and supportive
12541256 school program established under Subsection (b); or
12551257 (D) any other program relating to safety
12561258 identified by the commissioner.
12571259 SECTION 5.012. Section 38.036(c), Education Code, is
12581260 amended to correct a reference to read as follows:
12591261 (c) The methods under Subsection (b)(1) for increasing
12601262 awareness and implementation of trauma-informed care must include
12611263 training as provided by this subsection. The training must be
12621264 provided:
12631265 (1) through a program selected from the list of
12641266 recommended best practice-based programs and research-based
12651267 practices established under Section 38.351 [Section 161.325,
12661268 Health and Safety Code];
12671269 (2) as part of any new employee orientation for all new
12681270 school district educators; and
12691271 (3) to existing school district educators on a
12701272 schedule adopted by the agency by rule that requires educators to be
12711273 trained at intervals necessary to keep educators informed of
12721274 developments in the field.
12731275 SECTION 5.013. Section 38.308, Education Code, is amended
12741276 to correct a reference to read as follows:
12751277 Sec. 38.308. DUTIES OF TASK FORCE. The task force shall:
12761278 (1) gather data on:
12771279 (A) the number of students enrolled in each
12781280 school district and open-enrollment charter school;
12791281 (B) the number of individuals to whom each school
12801282 district or open-enrollment charter school provides the mental
12811283 health services described by Section 38.302(1);
12821284 (C) the number of individuals for whom each
12831285 school district or open-enrollment charter school has the resources
12841286 to provide the mental health services described by Section
12851287 38.302(1);
12861288 (D) the number of individuals described by
12871289 Paragraph (B) who are referred to an inpatient or outpatient mental
12881290 health provider;
12891291 (E) the number of individuals who are transported
12901292 from each school district or open-enrollment charter school for an
12911293 emergency detention under Chapter 573, Health and Safety Code; and
12921294 (F) the race, ethnicity, gender, special
12931295 education status, educationally disadvantaged status, and
12941296 geographic location of:
12951297 (i) individuals who are provided the mental
12961298 health services described by Section 38.302(1);
12971299 (ii) individuals who are described by
12981300 Paragraph (D); and
12991301 (iii) individuals who are described by
13001302 Paragraph (E); and
13011303 (2) study, evaluate, and make recommendations
13021304 regarding the mental health services described by Section
13031305 38.302(1), the training described by Section 38.302(2), and the
13041306 impact of those mental health services, as described by Section
13051307 38.302(3), including addressing:
13061308 (A) the outcomes and the effectiveness of the
13071309 services and training provided, including the outcomes and
13081310 effectiveness of the service and training providers and the
13091311 programs under which services and training are provided, in:
13101312 (i) improving student academic achievement
13111313 and attendance;
13121314 (ii) reducing student disciplinary
13131315 proceedings, suspensions, placements in a disciplinary alternative
13141316 education program, and expulsions; and
13151317 (iii) delivering prevention and
13161318 intervention services to promote early mental health skills,
13171319 including:
13181320 (a) building skills relating to
13191321 managing emotions, establishing and maintaining positive
13201322 relationships, and making responsible decisions;
13211323 (b) preventing substance abuse;
13221324 (c) preventing suicides;
13231325 (d) adhering to the purpose of the
13241326 relevant program services or training;
13251327 (e) promoting trauma-informed
13261328 practices;
13271329 (f) promoting a positive school
13281330 climate, as defined by Section 38.351(d) [Section 161.325(a-3),
13291331 Health and Safety Code], in the district or school; and
13301332 (g) improving physical and emotional
13311333 safety and well-being in the district or school and reducing
13321334 violence in the district or school;
13331335 (B) best practices for districts and schools in
13341336 implementing the services or training;
13351337 (C) disparities in the race, ethnicity, gender,
13361338 special education status, and geographic location of individuals
13371339 receiving the services; and
13381340 (D) best practices to replicate the services or
13391341 training for all districts and schools.
13401342 SECTION 5.014. (a) Section 38.351, Education Code, is
13411343 amended to conform to Chapter 464 (S.B. 11), Acts of the 86th
13421344 Legislature, Regular Session, 2019, by adding Subsection (i-1) and
13431345 amending Subsections (j) and (k) to read as follows:
13441346 (i-1) A school district may develop practices and
13451347 procedures concerning each area listed in Subsection (c), including
13461348 mental health promotion and intervention, substance abuse
13471349 prevention and intervention, and suicide prevention, that include a
13481350 procedure for providing educational material to all parents and
13491351 families in the district that contains information on identifying
13501352 risk factors, accessing resources for treatment or support provided
13511353 on and off campus, and accessing available student accommodations
13521354 provided on campus.
13531355 (j) The practices and procedures developed under Subsection
13541356 (i) or (i-1):
13551357 (1) may address multiple areas listed in Subsection
13561358 (c) together; and
13571359 (2) must prohibit the use without the prior consent of
13581360 a student's parent or guardian of a medical screening of the student
13591361 as part of the process of identifying whether the student is
13601362 possibly in need of early mental health or substance abuse
13611363 intervention or suicide prevention.
13621364 (k) The practices and procedures developed under Subsection
13631365 (i) or (i-1) must be included in:
13641366 (1) the annual student handbook; and
13651367 (2) the district improvement plan under Section
13661368 11.252.
13671369 (b) Section 23, Chapter 464 (S.B. 11), Acts of the 86th
13681370 Legislature, Regular Session, 2019, which amended Section
13691371 161.325(d), Health and Safety Code, is repealed.
13701372 SECTION 5.015. Section 39.059, Education Code, as added by
13711373 Chapters 870 (H.B. 3007) and 871 (H.B. 3011), Acts of the 86th
13721374 Legislature, Regular Session, 2019, is reenacted and amended to
13731375 read as follows:
13741376 Sec. 39.059. DATA TRANSPARENCY. (a) In this section:
13751377 (1) "Coordinating board" means the Texas Higher
13761378 Education Coordinating Board.
13771379 (2) "Institution of higher education" has the meaning
13781380 assigned by Section 61.003.
13791381 (b) Before the initial release of academic accountability
13801382 ratings for a school year:[,]
13811383 (1) the coordinating board shall provide to each
13821384 school district a copy of all source data as submitted to the
13831385 coordinating board by an institution of higher education that the
13841386 coordinating board provides to the agency to consider in:
13851387 (A) [(1)] determining the district's
13861388 accreditation status under Section 39.052; or
13871389 (B) [(2)] assigning performance ratings for the
13881390 district or the district's campuses under Section 39.054; and[.]
13891391 (2) the agency shall provide to each school district a
13901392 copy of all source data as submitted to the agency by an entity
13911393 other than the district that the agency considers in:
13921394 (A) [(1)] determining the district's
13931395 accreditation status under Section 39.052; or
13941396 (B) [(2)] assigning performance ratings for the
13951397 district or the district's campuses under Section 39.054.
13961398 SECTION 5.016. Section 39.413, Education Code, as amended
13971399 by Chapter 943 (H.B. 3), Acts of the 86th Legislature, Regular
13981400 Session, 2019, is repealed to conform to the repeal of Section
13991401 39.413, Education Code, by Chapter 439 (S.B. 1376), Acts of the 86th
14001402 Legislature, Regular Session, 2019.
14011403 SECTION 5.017. Section 39A.002, Education Code, is amended
14021404 to codify text inadvertently omitted from Chapter 467 (H.B. 4170),
14031405 Acts of the 86th Legislature, Regular Session, 2019, and to conform
14041406 to Section 15, Chapter 925 (S.B. 1566), Acts of the 85th
14051407 Legislature, Regular Session, 2017, to read as follows:
14061408 Sec. 39A.002. AUTHORIZED COMMISSIONER ACTIONS. If a school
14071409 district is subject to commissioner action under Section 39A.001,
14081410 the commissioner may:
14091411 (1) issue public notice of the deficiency to the board
14101412 of trustees of the district;
14111413 (2) order a hearing to be conducted by the board of
14121414 trustees of the district to notify the public of:
14131415 (A) the insufficient performance;
14141416 (B) the improvements in performance expected by
14151417 the agency; and
14161418 (C) the interventions and sanctions that may be
14171419 imposed under this subchapter if the performance does not improve;
14181420 (3) order the preparation of a student achievement
14191421 improvement plan that addresses each academic achievement
14201422 indicator under Section 39.053(c) for which the district's
14211423 performance is insufficient, the submission of the plan to the
14221424 commissioner for approval, and the implementation of the plan;
14231425 (4) order a hearing to be held before the commissioner
14241426 or the commissioner's designee at which the president of the board
14251427 of trustees of the district and the district's superintendent shall
14261428 appear and explain the district's low performance, lack of
14271429 improvement, and plans for improvement;
14281430 (5) arrange a monitoring review of the district;
14291431 (6) appoint an agency monitor to participate in and
14301432 report to the agency on the activities of the board of trustees of
14311433 the district or superintendent;
14321434 (7) appoint a conservator to oversee the operations of
14331435 the district;
14341436 (8) appoint a management team to direct the operations
14351437 of the district in areas of insufficient performance or require the
14361438 district to obtain certain services under a contract with another
14371439 person; [or]
14381440 (9) authorize the district to enter into a memorandum
14391441 of understanding with an institution of higher education that
14401442 provides for the assistance of the institution of higher education
14411443 in improving the district's performance; or
14421444 (10) [(12)] order the use of the board improvement and
14431445 evaluation tool as provided by Section 11.182.
14441446 SECTION 5.018. Section 45.0032(d), Education Code, is
14451447 amended to conform to Chapter 943 (H.B. 3), Acts of the 86th
14461448 Legislature, Regular Session, 2019, to read as follows:
14471449 (d) For a district to which Section 26.08(a-1), Tax Code,
14481450 applies, the amount by which the district's maintenance tax rate
14491451 exceeds the district's voter-approval tax rate, excluding the
14501452 district's current debt rate under Section 26.08(n)(3)
14511453 [26.08(n)(1)(C)], Tax Code, for the preceding year is not
14521454 considered in determining a district's tier one maintenance and
14531455 operations tax rate under Subsection (a) or the district's
14541456 enrichment tax rate under Subsection (b) for the current tax year.
14551457 SECTION 5.019. (a) Section 48.009, Education Code, is
14561458 amended to conform to Chapters 1036 (H.B. 548) and 1060 (H.B. 1051),
14571459 Acts of the 86th Legislature, Regular Session, 2019, by adding
14581460 Subsections (b-1), (b-2), and (b-3) to read as follows:
14591461 (b-1) The commissioner by rule shall require each school
14601462 district and open-enrollment charter school to report through the
14611463 Public Education Information Management System information
14621464 disaggregated by campus and grade regarding:
14631465 (1) the number of children who are required to attend
14641466 school under Section 25.085, are not exempted under Section 25.086,
14651467 and fail to attend school without excuse for 10 or more days or
14661468 parts of days within a six-month period in the same school year;
14671469 (2) the number of students for whom the district
14681470 initiates a truancy prevention measure under Section 25.0915(a-4);
14691471 and
14701472 (3) the number of parents of students against whom an
14711473 attendance officer or other appropriate school official has filed a
14721474 complaint under Section 25.093.
14731475 (b-2) The commissioner by rule shall require each school
14741476 district and open-enrollment charter school to annually report
14751477 through the Public Education Information Management System
14761478 information regarding the number of students who are enrolled in a
14771479 high school equivalency program, a dropout recovery school, or an
14781480 adult education program provided under a high school diploma and
14791481 industry certification charter school program provided by the
14801482 district or school and who:
14811483 (1) are at least 18 years of age and under 26 years of
14821484 age;
14831485 (2) have not previously been reported to the agency as
14841486 dropouts; and
14851487 (3) enroll in the program at the district or school
14861488 after not attending school for a period of at least nine months.
14871489 (b-3) A student reported under Subsection (b-2) as having
14881490 enrolled in a high school equivalency program, a dropout recovery
14891491 school, or an adult education program provided under a high school
14901492 diploma and industry certification charter school program must be
14911493 reported through the Public Education Information Management
14921494 System as having previously dropped out of school.
14931495 (b) Section 39.053(g-4), Education Code, is amended to
14941496 correct a reference to read as follows:
14951497 (g-4) For purposes of the computation of dropout and
14961498 completion rates such as high school graduation rates under
14971499 Subsection (c)(1)(B)(ix), the commissioner shall exclude a student
14981500 who was reported as having dropped out of school under Section
14991501 48.009(b-3) [42.006(a-9)], and the student may not be considered to
15001502 have dropped out from the school district or campus in which the
15011503 student was last enrolled.
15021504 (c) The following provisions, which amended Section 42.006,
15031505 Education Code, are repealed:
15041506 (1) Section 2, Chapter 1036 (H.B. 548), Acts of the
15051507 86th Legislature, Regular Session, 2019; and
15061508 (2) Section 8, Chapter 1060 (H.B. 1051), Acts of the
15071509 86th Legislature, Regular Session, 2019.
15081510 SECTION 5.020. Section 42.168, Education Code, as added by
15091511 Chapter 464 (S.B. 11), Acts of the 86th Legislature, Regular
15101512 Session, 2019, is transferred to Subchapter C, Chapter 48,
15111513 Education Code, redesignated as Section 48.115, Education Code, and
15121514 amended to conform to changes made by Chapter 943 (H.B. 3), Acts of
15131515 the 86th Legislature, Regular Session, 2019, to read as follows:
15141516 Sec. 48.115 [42.168]. SCHOOL SAFETY ALLOTMENT. (a) From
15151517 funds appropriated for that purpose, the commissioner shall provide
15161518 to a school district an annual allotment in the amount provided by
15171519 appropriation for each student in average daily attendance.
15181520 (b) Funds allocated under this section must be used to
15191521 improve school safety and security, including costs associated
15201522 with:
15211523 (1) securing school facilities, including:
15221524 (A) improvements to school infrastructure;
15231525 (B) the use or installation of physical barriers;
15241526 and
15251527 (C) the purchase and maintenance of:
15261528 (i) security cameras or other security
15271529 equipment; and
15281530 (ii) technology, including communications
15291531 systems or devices, that facilitates communication and information
15301532 sharing between students, school personnel, and first responders in
15311533 an emergency;
15321534 (2) providing security for the district, including:
15331535 (A) employing school district peace officers,
15341536 private security officers, and school marshals; and
15351537 (B) collaborating with local law enforcement
15361538 agencies, such as entering into a memorandum of understanding for
15371539 the assignment of school resource officers to schools in the
15381540 district;
15391541 (3) school safety and security training and planning,
15401542 including:
15411543 (A) active shooter and emergency response
15421544 training;
15431545 (B) prevention and treatment programs relating
15441546 to addressing adverse childhood experiences; and
15451547 (C) the prevention, identification, and
15461548 management of emergencies and threats, including:
15471549 (i) providing mental health personnel and
15481550 support;
15491551 (ii) providing behavioral health services;
15501552 and
15511553 (iii) establishing threat reporting
15521554 systems; and
15531555 (4) providing programs related to suicide prevention,
15541556 intervention, and postvention.
15551557 (c) A school district may use funds allocated under this
15561558 section for equipment or software that is used for a school safety
15571559 and security purpose and an instructional purpose, provided that
15581560 the instructional use does not compromise the safety and security
15591561 purpose of the equipment or software.
15601562 (d) A school district that is required to take action under
15611563 Chapter 49 [41] to reduce its local revenue level [wealth per
15621564 student] to the [equalized wealth] level established under Section
15631565 48.257 is entitled to a credit, in the amount of the allotments to
15641566 which the district is to receive as provided by appropriation,
15651567 against the total amount required under Section 49.153 [41.093] for
15661568 the district to purchase attendance credit [credits].
15671569 (e) The commissioner may adopt rules to implement this
15681570 section.
15691571 SECTION 5.021. Section 51.256(c), Education Code, is
15701572 amended to conform to Chapter 469 (H.B. 4173), Acts of the 86th
15711573 Legislature, Regular Session, 2019, to read as follows:
15721574 (c) Nothing in this section may be construed as prohibiting
15731575 a victim from making a report to a law enforcement agency using the
15741576 pseudonym form described by Article 58.102 [57.02], Code of
15751577 Criminal Procedure.
15761578 SECTION 5.022. Sections 59.01(1) and (3), Education Code,
15771579 as amended by Chapters 8 (H.B. 826), 225 (H.B. 1592), and 294 (H.B.
15781580 2867), Acts of the 86th Legislature, Regular Session, 2019, are
15791581 reenacted and amended to read as follows:
15801582 (1) "Health care professional staff members or
15811583 students" means:
15821584 (A) physicians, dentists, veterinarians,
15831585 podiatrists, physician assistants, nurses, pharmacists, and other
15841586 health care providers who:
15851587 (i) are appointed to the faculty or
15861588 employed by or volunteer for The University of Texas System, The
15871589 Texas A&M University System, the Texas Tech University System, the
15881590 Texas State University System, [the Sam Houston State University
15891591 College of Osteopathic Medicine,] the University of Houston System,
15901592 [the University of Houston College of Medicine,] Stephen F. Austin
15911593 State University, or the University of North Texas System; and
15921594 (ii) either:
15931595 (a) are appointed or employed on a
15941596 full-time basis; or
15951597 (b) are appointed or volunteer on a
15961598 part-time basis and who devote their total professional service to
15971599 providing health services or provide services to patients by
15981600 assignment from the department chairman; and
15991601 (B) interns, residents, fellows, medical
16001602 students, dental students, veterinary students, students of
16011603 osteopathic medicine, nursing students, pharmacy students, and
16021604 students of any other health care profession that requires a
16031605 license, certificate, or other authorization under Title 3,
16041606 Occupations Code, participating in a patient-care program in The
16051607 University of Texas System, The Texas A&M University System, the
16061608 Texas Tech University System, the Texas State University System,
16071609 [the Sam Houston State University College of Osteopathic Medicine,]
16081610 the University of Houston System, [the University of Houston
16091611 College of Medicine,] Stephen F. Austin State University, or the
16101612 University of North Texas System.
16111613 (3) "Board" means the board of regents of The
16121614 University of Texas System, the board of regents of The Texas A&M
16131615 University System, the board of regents of the Texas Tech
16141616 University System, the board of regents of the Texas State
16151617 University System, the board of regents of the University of
16161618 Houston System, the board of regents of Stephen F. Austin State
16171619 University, or the board of regents of the University of North Texas
16181620 System.
16191621 SECTION 5.023. Sections 59.02(a) and (c), Education Code,
16201622 as amended by Chapters 8 (H.B. 826), 225 (H.B. 1592), and 294 (H.B.
16211623 2867), Acts of the 86th Legislature, Regular Session, 2019, are
16221624 reenacted and amended to read as follows:
16231625 (a) Each board may establish a separate self-insurance fund
16241626 to pay any damages adjudged in a court of competent jurisdiction or
16251627 a settlement of any health care liability claim against a health
16261628 care professional staff member or student arising from the exercise
16271629 of the member's or student's appointment, duties, or training with
16281630 The University of Texas System, The Texas A&M University System,
16291631 the Texas Tech University System, the Texas State University
16301632 System, [the Sam Houston State University College of Osteopathic
16311633 Medicine,] the University of Houston System, [the University of
16321634 Houston College of Medicine,] Stephen F. Austin State University,
16331635 or the University of North Texas System.
16341636 (c) On the establishment of each fund, transfers to the fund
16351637 shall be made in an amount and at such intervals as determined by
16361638 the board. Each board may receive and accept any gifts or donations
16371639 specified for the purposes of this subchapter and deposit those
16381640 gifts or donations into the fund. Each board may invest money
16391641 deposited in the fund, and any income received shall be retained in
16401642 the fund. The money shall be deposited in any of the approved
16411643 depository banks of The University of Texas System, The Texas A&M
16421644 University System, the Texas Tech University System, the Texas
16431645 State University System, the University of Houston System, Stephen
16441646 F. Austin State University, or the University of North Texas
16451647 System. All expenditures from the funds shall be paid pursuant to
16461648 approval by the boards.
16471649 SECTION 5.024. Section 59.06, Education Code, as amended by
16481650 Chapters 8 (H.B. 826) and 225 (H.B. 1592), Acts of the 86th
16491651 Legislature, Regular Session, 2019, is reenacted and amended to
16501652 read as follows:
16511653 Sec. 59.06. LIMITATION ON APPROPRIATED FUNDS. Funds
16521654 appropriated by the legislature to The University of Texas System,
16531655 The Texas A&M University System, the Texas Tech University System,
16541656 the Texas State University System, the University of Houston
16551657 System, [to the University of Houston for the University of Houston
16561658 College of Medicine,] Stephen F. Austin State University, or the
16571659 University of North Texas System from the General Revenue Fund may
16581660 not be used to establish or maintain the fund, to purchase
16591661 insurance, or to employ private legal counsel.
16601662 SECTION 5.025. Section 63.002(c), Education Code, as
16611663 amended by Chapters 8 (H.B. 826), 294 (H.B. 2867), and 517 (S.B.
16621664 479), Acts of the 86th Legislature, Regular Session, 2019, is
16631665 reenacted and amended to read as follows:
16641666 (c) The amount available for distribution from the fund may
16651667 be appropriated only for programs that benefit medical research,
16661668 health education, or treatment programs at the following
16671669 health-related institutions of higher education:
16681670 (1) The University of Texas Health Science Center at
16691671 San Antonio;
16701672 (2) The University of Texas M. D. Anderson Cancer
16711673 Center;
16721674 (3) The University of Texas Southwestern Medical
16731675 Center;
16741676 (4) The University of Texas Medical Branch at
16751677 Galveston;
16761678 (5) The University of Texas Health Science Center at
16771679 Houston;
16781680 (6) The University of Texas Health Science Center at
16791681 Tyler;
16801682 (7) The University of Texas Health Science
16811683 Center--South Texas and its component institutions, if established
16821684 under Subchapter N, Chapter 74;
16831685 (8) The Texas A&M University Health Science Center;
16841686 (9) the University of North Texas Health Science
16851687 Center at Fort Worth;
16861688 (10) the Texas Tech University Health Sciences Center;
16871689 (11) the Texas Tech University Health Sciences Center
16881690 at El Paso;
16891691 (12) the University of Houston College of Medicine;
16901692 [and]
16911693 (13) the Sam Houston State University College of
16921694 Osteopathic Medicine; [and]
16931695 (14) the Dell Medical School at The University of
16941696 Texas at Austin; and
16951697 (15) [(13)] Baylor College of Medicine, if a contract
16961698 between Baylor College of Medicine and the Texas Higher Education
16971699 Coordinating Board is in effect under Section 61.092.
16981700 ARTICLE 6. CHANGES RELATING TO ELECTION CODE
16991701 SECTION 6.001. Section 13.004(c), Election Code, as amended
17001702 by Chapters 469 (H.B. 4173), 489 (H.B. 3100), and 1146 (H.B. 2910),
17011703 Acts of the 86th Legislature, Regular Session, 2019, is reenacted
17021704 to read as follows:
17031705 (c) The following information furnished on a registration
17041706 application is confidential and does not constitute public
17051707 information for purposes of Chapter 552, Government Code:
17061708 (1) a social security number;
17071709 (2) a Texas driver's license number;
17081710 (3) a number of a personal identification card issued
17091711 by the Department of Public Safety;
17101712 (4) an indication that an applicant is interested in
17111713 working as an election judge;
17121714 (5) the residence address of the applicant, if the
17131715 applicant is a federal judge or state judge, the spouse of a federal
17141716 judge or state judge, the spouse of a peace officer as defined by
17151717 Article 2.12, Code of Criminal Procedure, or an individual to whom
17161718 Section 552.1175, Government Code, or Section 521.1211,
17171719 Transportation Code, applies and the applicant:
17181720 (A) included an affidavit with the registration
17191721 application describing the applicant's status under this
17201722 subdivision, if the applicant is a federal judge or state judge or
17211723 the spouse of a federal judge or state judge;
17221724 (B) provided the registrar with an affidavit
17231725 describing the applicant's status under this subdivision, if the
17241726 applicant is a federal judge or state judge or the spouse of a
17251727 federal judge or state judge; or
17261728 (C) provided the registrar with a completed form
17271729 approved by the secretary of state for the purpose of notifying the
17281730 registrar of the applicant's status under this subdivision;
17291731 (6) the residence address of the applicant, if the
17301732 applicant, the applicant's child, or another person in the
17311733 applicant's household is a victim of family violence as defined by
17321734 Section 71.004, Family Code, who provided the registrar with:
17331735 (A) a copy of a protective order issued under
17341736 Chapter 85, Family Code, or a magistrate's order for emergency
17351737 protection issued under Article 17.292, Code of Criminal Procedure;
17361738 or
17371739 (B) other independent documentary evidence
17381740 necessary to show that the applicant, the applicant's child, or
17391741 another person in the applicant's household is a victim of family
17401742 violence;
17411743 (7) the residence address of the applicant, if the
17421744 applicant, the applicant's child, or another person in the
17431745 applicant's household is a victim of sexual assault or abuse,
17441746 stalking, or trafficking of persons who provided the registrar
17451747 with:
17461748 (A) a copy of a protective order issued under
17471749 Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a
17481750 magistrate's order for emergency protection issued under Article
17491751 17.292, Code of Criminal Procedure; or
17501752 (B) other independent documentary evidence
17511753 necessary to show that the applicant, the applicant's child, or
17521754 another person in the applicant's household is a victim of sexual
17531755 assault or abuse, stalking, or trafficking of persons;
17541756 (8) the residence address of the applicant, if the
17551757 applicant:
17561758 (A) is a participant in the address
17571759 confidentiality program administered by the attorney general under
17581760 Subchapter B, Chapter 58, Code of Criminal Procedure; and
17591761 (B) provided the registrar with proof of
17601762 certification under Article 58.059, Code of Criminal Procedure; or
17611763 (9) the telephone number of any applicant submitting
17621764 documentation under Subdivision (5), (6), (7), or (8).
17631765 SECTION 6.002. Section 87.121, Election Code, as amended by
17641766 Chapters 1083 (H.B. 1850) and 1215 (S.B. 902), Acts of the 86th
17651767 Legislature, Regular Session, 2019, is reenacted and amended to
17661768 read as follows:
17671769 Sec. 87.121. EARLY VOTING ROSTERS. (a) The early voting
17681770 clerk shall maintain for each election a roster listing each person
17691771 who votes an early voting ballot by personal appearance and a roster
17701772 listing each person to whom an early voting ballot to be voted by
17711773 mail is sent.
17721774 (b) For each person listed, the applicable roster must
17731775 include:
17741776 (1) the person's name, address, and voter registration
17751777 number;
17761778 (2) an identification of the person's county election
17771779 precinct of registration; and
17781780 (3) the date of voting or the date the ballot was
17791781 mailed to the person, as applicable.
17801782 (c) Each roster shall be updated daily.
17811783 (d) Each roster may be maintained in any form approved by
17821784 the secretary of state.
17831785 (e) The clerk shall preserve each roster after the election
17841786 for the period for preserving the precinct election records.
17851787 (f) Information on the roster for a person to whom an early
17861788 voting mail ballot has been sent is not available for public
17871789 inspection, except to the voter seeking to verify that the
17881790 information pertaining to the voter is accurate, until the first
17891791 business day after election day.
17901792 (g) Information on the roster for a person who votes an
17911793 early voting ballot by personal appearance shall be made available
17921794 for public inspection as provided by Subsection (i) not later than
17931795 11 a.m. on the day after the date the information is entered on the
17941796 roster under Subsection (c).
17951797 (h) Information on the roster for a person who votes an
17961798 early voting ballot by mail shall be made available for public
17971799 inspection as provided by Subsection (i) not later than 11 a.m. on
17981800 the day following the day the early voting clerk receives a ballot
17991801 voted by mail.
18001802 (i) The information under Subsections (g) and (h) must be
18011803 made available:
18021804 (1) for an election in which the county clerk is the
18031805 early voting clerk:
18041806 (A) on the publicly accessible Internet website
18051807 of the county; or
18061808 (B) if the county does not maintain a website, on
18071809 the bulletin board used for posting notice of meetings of the
18081810 commissioners court; or
18091811 (2) for an election not described by Subdivision (1):
18101812 (A) on the publicly accessible Internet website
18111813 of the authority ordering the election; or
18121814 (B) if the authority ordering the election does
18131815 not maintain a website, on the bulletin board used for posting
18141816 notice of meetings of the governing body of the authority.
18151817 (j) [(i)] The early voting clerk for a primary election or
18161818 the general election for state and county officers shall submit to
18171819 the secretary of state for posting on the secretary of state's
18181820 Internet website the information described by:
18191821 (1) Subsection (g) not later than 11 a.m. on the day
18201822 after the date the information is entered on the roster under
18211823 Subsection (c); and
18221824 (2) Subsection (h) not later than 11 a.m. on the day
18231825 following the day the early voting clerk receives a ballot voted by
18241826 mail.
18251827 (k) [(j)] The secretary of state shall [make any early
18261828 voting roster created under this section available to the public on
18271829 the secretary's Internet website.
18281830 [(j) The secretary of state shall] post the information
18291831 described by Subsection (j) [(i)] on the secretary of state's
18301832 Internet website in a downloadable format.
18311833 (l) [(k)] The secretary of state shall create a system for
18321834 an early voting clerk for a primary election or the general election
18331835 for state and county officers to provide the information to the
18341836 secretary of state for posting on the secretary of state's Internet
18351837 website under Subsection (j) [(i)].
18361838 SECTION 6.003. Section 172.113(e), Election Code, is
18371839 amended to read as follows:
18381840 (e) On completing the tabulation, the authority shall:
18391841 (1) deliver it to the general custodian; or
18401842 (2) post the tabulation on:
18411843 (A) [on] the county's website; and
18421844 (B) if required by secretary of state rule, the
18431845 secretary of state's website.
18441846 ARTICLE 7. CHANGES RELATING TO FAMILY CODE
18451847 SECTION 7.001. Section 33.006, Family Code, is amended to
18461848 correct a reference to read as follows:
18471849 Sec. 33.006. GUARDIAN AD LITEM IMMUNITY. A guardian ad
18481850 litem appointed under this chapter and acting in the course and
18491851 scope of the appointment is not liable for damages arising from an
18501852 act or omission of the guardian ad litem committed in good faith.
18511853 The immunity granted by this section does not apply if the conduct
18521854 of the guardian ad litem is committed in a manner described by
18531855 Sections 107.009(b)(1)-(3) [107.003(b)(1)-(4)].
18541856 ARTICLE 8. CHANGES RELATING TO FINANCE CODE
18551857 SECTION 8.001. Section 184.003(e), Finance Code, is amended
18561858 to conform to Section 23, Chapter 528 (H.B. 2155), Acts of the 77th
18571859 Legislature, Regular Session, 2001, to read as follows:
18581860 (e) Subject to the exercise of prudent judgment, a state
18591861 trust company may invest its secondary capital in real property.
18601862 The factors to be considered by a state trust company in exercise of
18611863 prudent judgment include the factors contained in Section
18621864 184.101(e) [184.101(f)].
18631865 ARTICLE 9. CHANGES RELATING TO GOVERNMENT CODE
18641866 PART A. GENERAL CHANGES
18651867 SECTION 9.001. Section 25.0202(a), Government Code, as
18661868 amended by Chapters 606 (S.B. 891) and 696 (S.B. 2342), Acts of the
18671869 86th Legislature, Regular Session, 2019, is reenacted and amended
18681870 to read as follows:
18691871 (a) In addition to the jurisdiction provided by Section
18701872 25.0003 and other law, a county court at law in Bosque County has
18711873 concurrent jurisdiction with the district court in:
18721874 (1) family law cases and proceedings; [and]
18731875 (2) contested probate matters under Section 32.003,
18741876 Estates Code; and
18751877 (3) [(4)] felony cases transferred from the district
18761878 court to conduct arraignments, pretrial hearings, and motions to
18771879 adjudicate or revoke and to accept guilty pleas.
18781880 SECTION 9.002. Section 54.101(b), Government Code, as added
18791881 by Chapter 355 (H.B. 452), Acts of the 86th Legislature, Regular
18801882 Session, 2019, is repealed as duplicative of Section 54.101(b),
18811883 Government Code, as added by Chapter 606 (S.B. 891), Acts of the
18821884 86th Legislature, Regular Session, 2019.
18831885 SECTION 9.003. Subtitle I, Title 2, Government Code, is
18841886 repealed as duplicative of the substantive provisions referenced in
18851887 the subtitle.
18861888 SECTION 9.004. The following provisions are repealed as
18871889 duplicative of Section 418.056, Government Code, as added by
18881890 Chapter 602 (S.B. 799), Acts of the 86th Legislature, Regular
18891891 Session, 2019:
18901892 (1) Section 418.054, Government Code, as added by
18911893 Chapter 576 (S.B. 289), Acts of the 86th Legislature, Regular
18921894 Session, 2019; and
18931895 (2) Section 418.054, Government Code, as added by
18941896 Chapter 1018 (H.B. 6), Acts of the 86th Legislature, Regular
18951897 Session, 2019.
18961898 SECTION 9.005. Section 436.054(b), Government Code, as
18971899 amended by Chapters 276 (S.B. 2131) and 800 (H.B. 2119), Acts of the
18981900 86th Legislature, Regular Session, 2019, is reenacted to read as
18991901 follows:
19001902 (b) The commission is a governmental body for purposes of
19011903 the open meetings law, Chapter 551. Except as otherwise provided by
19021904 this section, Chapter 551 applies to a meeting of the commission.
19031905 SECTION 9.006. (a) Sections 478.0001(3) and (7), Government
19041906 Code, as effective April 1, 2021, are amended to conform to Chapter
19051907 1223 (H.B. 2402), Acts of the 86th Legislature, Regular Session,
19061908 2019, to read as follows:
19071909 (3) "Event" means any of the following and includes
19081910 any activity related to or associated with the following:
19091911 (A) the Academy of Country Music Awards;
19101912 (B) the Amateur Athletic Union Junior Olympic
19111913 Games;
19121914 (C) a Big 12 Football Conference Championship
19131915 game;
19141916 (D) the Breeders' Cup World Championships;
19151917 (E) [(D)] a game of the College Football Playoff
19161918 or its successor;
19171919 (F) a CONVRG conference;
19181920 (G) [(E)] an Elite Rodeo Association World
19191921 Championship;
19201922 (H) [(F)] a Formula One automobile race;
19211923 (I) [(G)] the largest event held each year at a
19221924 sports entertainment venue in this state with a permanent seating
19231925 capacity, including grandstand and premium seating, of at least
19241926 125,000;
19251927 (J) [(H)] the Major League Baseball All-Star
19261928 Game;
19271929 (K) [(I)] the Major League Soccer All-Star Game
19281930 or the Major League Soccer Cup;
19291931 (L) [(J)] a mixed martial arts championship;
19301932 (M) [(K)] the Moto Grand Prix of the United
19311933 States;
19321934 (N) [(L)] the National Association for Stock Car
19331935 Auto Racing (NASCAR):
19341936 (i) All-Star Race; or
19351937 (ii) season-ending Championship Race;
19361938 (O) [(M)] the National Basketball Association
19371939 All-Star Game;
19381940 (P) [(N)] a National Collegiate Athletic
19391941 Association Final Four tournament game;
19401942 (Q) [(O)] the National Collegiate Athletic
19411943 Association men's or women's lacrosse championships;
19421944 (R) [(P)] a national collegiate championship of
19431945 an amateur sport sanctioned by the national governing body of the
19441946 sport that is recognized by the United States Olympic Committee;
19451947 (S) [(Q)] the National Cutting Horse Association
19461948 Triple Crown;
19471949 (T) [(R)] the National Hockey League All-Star
19481950 Game;
19491951 (U) [(S)] a national political convention of the
19501952 Republican National Committee or the Democratic National
19511953 Committee;
19521954 (V) a championship event in the National Reined
19531955 Cow Horse Association (NRCHA) Championship Series;
19541956 (W) [(T)] an Olympic activity, including a
19551957 Junior or Senior activity, training program, or feeder program
19561958 sanctioned by the United States Olympic Committee's Community
19571959 Olympic Development Program;
19581960 (X) [(U)] a presidential general election
19591961 debate;
19601962 (Y) [(V)] the Professional Rodeo Cowboys
19611963 Association National Finals Rodeo;
19621964 (Z) [(W)] a Super Bowl;
19631965 (AA) [(X)] the United States Open Championship;
19641966 (BB) [(Y)] a World Cup soccer game or the World
19651967 Cup soccer tournament;
19661968 (CC) [(Z)] the World Games;
19671969 (DD) a World Wrestling Entertainment
19681970 WrestleMania event; or
19691971 (EE) [(AA)] the X Games.
19701972 (7) "Site selection organization" means:
19711973 (A) the Academy of Country Music;
19721974 (B) the Amateur Athletic Union;
19731975 (C) the Big 12 Conference;
19741976 (D) the College Football Playoff Administration,
19751977 LLC, or its successor;
19761978 (E) [(D)] the Commission on Presidential
19771979 Debates;
19781980 (F) [(E)] the Democratic National Committee;
19791981 (G) [(F)] Dorna Sports;
19801982 (H) [(G)] the Elite Rodeo Association;
19811983 (I) Encore Live;
19821984 (J) [(H)] ESPN or an affiliate;
19831985 (K) [(I)] the Federation Internationale de
19841986 Football Association (FIFA);
19851987 (L) [(J)] the International World Games
19861988 Association;
19871989 (M) [(K)] Major League Baseball;
19881990 (N) [(L)] Major League Soccer;
19891991 (O) [(M)] the National Association for Stock Car
19901992 Auto Racing (NASCAR);
19911993 (P) [(N)] the National Basketball Association;
19921994 (Q) [(O)] the National Collegiate Athletic
19931995 Association;
19941996 (R) [(P)] the National Cutting Horse
19951997 Association;
19961998 (S) [(Q)] the National Football League;
19971999 (T) [(R)] the National Hockey League;
19982000 (U) the National Reined Cow Horse Association
19992001 (NRCHA);
20002002 (V) [(S)] the Professional Rodeo Cowboys
20012003 Association;
20022004 (W) [(T)] the Republican National Committee;
20032005 (X) [(U)] the Ultimate Fighting Championship;
20042006 (Y) [(V)] the United States Golf Association;
20052007 (Z) [(W)] the United States Olympic Committee;
20062008 (AA) World Wrestling Entertainment; or
20072009 (BB) [(X)] the national governing body of a sport
20082010 that is recognized by:
20092011 (i) the Federation Internationale de
20102012 l'Automobile;
20112013 (ii) Formula One Management Limited;
20122014 (iii) the National Thoroughbred Racing
20132015 Association; or
20142016 (iv) the United States Olympic Committee.
20152017 (b) Section 1, Chapter 1223 (H.B. 2402), Acts of the 86th
20162018 Legislature, Regular Session, 2019, which amended Sections
20172019 5A(a)(4) and (5), Chapter 1507 (S.B. 456), Acts of the 76th
20182020 Legislature, Regular Session, 1999 (Article 5190.14, Vernon's
20192021 Texas Civil Statutes), is repealed.
20202022 SECTION 9.007. Section 478.0107, Government Code, as
20212023 effective April 1, 2021, is amended to codify text inadvertently
20222024 omitted from Chapter 301 (H.B. 4174), Acts of the 86th Legislature,
20232025 Regular Session, 2019, by adding Subsection (c) to read as follows:
20242026 (c) This section does not require disclosure of information
20252027 that is confidential under Chapter 552 or confidential or
20262028 privileged under other law.
20272029 SECTION 9.008. Section 497.010(c), Government Code, is
20282030 amended to conform to Section 16, Chapter 1250 (H.B. 4181), Acts of
20292031 the 86th Legislature, Regular Session, 2019, to read as follows:
20302032 (c) It is an exception to the application of this section
20312033 that the article or product sold is:
20322034 (1) a state flag or similar item produced for sale or
20332035 distribution by the legislature under Section 301.071 [301.034]; or
20342036 (2) a service provided under a contract for which the
20352037 Private Sector/Prison Industry Enhancement Certification Program
20362038 operated by the Bureau of Justice Assistance and authorized by 18
20372039 U.S.C. Section 1761 does not require certification.
20382040 SECTION 9.009. Section 531.0996(e), Government Code, as
20392041 added by Chapter 973 (S.B. 748), Acts of the 86th Legislature,
20402042 Regular Session, 2019, is amended to conform to the repeal of
20412043 Section 531.02176, Government Code, by Chapters 964 (S.B. 670) and
20422044 1061 (H.B. 1063), Acts of the 86th Legislature, Regular Session,
20432045 2019, to read as follows:
20442046 (e) The [Notwithstanding Section 531.02176, the] commission
20452047 may:
20462048 (1) provide home telemonitoring services and
20472049 necessary durable medical equipment to pilot program participants
20482050 who are at risk of experiencing pregnancy-related complications, as
20492051 determined by a physician, to the extent the commission anticipates
20502052 the services and equipment will reduce unnecessary emergency room
20512053 visits or hospitalizations; and
20522054 (2) reimburse providers under Medicaid for the
20532055 provision of home telemonitoring services and durable medical
20542056 equipment under the pilot program.
20552057 SECTION 9.010. Section 552.117(a), Government Code, as
20562058 reenacted and amended by Chapters 367 (H.B. 1351), 633 (S.B. 1494),
20572059 1146 (H.B. 2910), 1213 (S.B. 662), and 1245 (H.B. 2446), Acts of the
20582060 86th Legislature, Regular Session, 2019, is reenacted and amended
20592061 to read as follows:
20602062 (a) Information is excepted from the requirements of
20612063 Section 552.021 if it is information that relates to the home
20622064 address, home telephone number, emergency contact information, or
20632065 social security number of the following person or that reveals
20642066 whether the person has family members:
20652067 (1) a current or former official or employee of a
20662068 governmental body, except as otherwise provided by Section 552.024;
20672069 (2) a peace officer as defined by Article 2.12, Code of
20682070 Criminal Procedure, or a security officer commissioned under
20692071 Section 51.212, Education Code, regardless of whether the officer
20702072 complies with Section 552.024 or 552.1175, as applicable;
20712073 (3) a current or former employee of the Texas
20722074 Department of Criminal Justice or of the predecessor in function of
20732075 the department or any division of the department, regardless of
20742076 whether the current or former employee complies with Section
20752077 552.1175;
20762078 (4) a peace officer as defined by Article 2.12, Code of
20772079 Criminal Procedure, or other law, a reserve law enforcement
20782080 officer, a commissioned deputy game warden, or a corrections
20792081 officer in a municipal, county, or state penal institution in this
20802082 state who was killed in the line of duty, regardless of whether the
20812083 deceased complied with Section 552.024 or 552.1175;
20822084 (5) a commissioned security officer as defined by
20832085 Section 1702.002, Occupations Code, regardless of whether the
20842086 officer complies with Section 552.024 or 552.1175, as applicable;
20852087 (6) an officer or employee of a community supervision
20862088 and corrections department established under Chapter 76 who
20872089 performs a duty described by Section 76.004(b), regardless of
20882090 whether the officer or employee complies with Section 552.024 or
20892091 552.1175;
20902092 (7) a current or former employee of the office of the
20912093 attorney general who is or was assigned to a division of that office
20922094 the duties of which involve law enforcement, regardless of whether
20932095 the current or former employee complies with Section 552.024 or
20942096 552.1175;
20952097 (8) a current or former employee of the Texas Juvenile
20962098 Justice Department or of the predecessors in function of the
20972099 department, regardless of whether the current or former employee
20982100 complies with Section 552.024 or 552.1175;
20992101 (9) a current or former juvenile probation or
21002102 supervision officer certified by the Texas Juvenile Justice
21012103 Department, or the predecessors in function of the department,
21022104 under Title 12, Human Resources Code, regardless of whether the
21032105 current or former officer complies with Section 552.024 or
21042106 552.1175;
21052107 (10) a current or former employee of a juvenile
21062108 justice program or facility, as those terms are defined by Section
21072109 261.405, Family Code, regardless of whether the current or former
21082110 employee complies with Section 552.024 or 552.1175;
21092111 (11) a current or former member of the United States
21102112 Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
21112113 service of one of those branches of the armed forces, or the Texas
21122114 military forces, as that term is defined by Section 437.001;
21132115 (12) a current or former district attorney, criminal
21142116 district attorney, or county or municipal attorney whose
21152117 jurisdiction includes any criminal law or child protective services
21162118 matters, regardless of whether the current or former attorney
21172119 complies with Section 552.024 or 552.1175;
21182120 (13) a current or former employee of a district
21192121 attorney, criminal district attorney, or county or municipal
21202122 attorney whose jurisdiction includes any criminal law or child
21212123 protective services matters, regardless of whether the current or
21222124 former employee complies with Section 552.024 or 552.1175;
21232125 (14) a current or former employee of the Texas Civil
21242126 Commitment Office or of the predecessor in function of the office or
21252127 a division of the office, regardless of whether the current or
21262128 former employee complies with Section 552.024 or 552.1175; [or]
21272129 (15) a current or former federal judge or state judge,
21282130 as those terms are defined by Section 1.005, Election Code, or a
21292131 spouse of a current or former federal judge or state judge;
21302132 (16) a current or former child protective services
21312133 caseworker, adult protective services caseworker, or investigator
21322134 for the Department of Family and Protective Services, regardless of
21332135 whether the caseworker or investigator complies with Section
21342136 552.024 or 552.1175, or a current or former employee of a department
21352137 contractor performing child protective services caseworker, adult
21362138 protective services caseworker, or investigator functions for the
21372139 contractor on behalf of the department; [or]
21382140 (17) [(16)] a state officer elected statewide or a
21392141 member of the legislature, regardless of whether the officer or
21402142 member complies with Section 552.024 or 552.1175;
21412143 (18) [(16)] a current or former United States attorney
21422144 or assistant United States attorney and the spouse or child of the
21432145 attorney; or
21442146 (19) [(16)] a firefighter or volunteer firefighter or
21452147 emergency medical services personnel as defined by Section 773.003,
21462148 Health and Safety Code, regardless of whether the firefighter or
21472149 volunteer firefighter or emergency medical services personnel
21482150 comply with Section 552.024 or 552.1175, as applicable.
21492151 SECTION 9.011. Section 552.1175(a), Government Code, as
21502152 amended by Chapters 367 (H.B. 1351), 633 (S.B. 1494), 1146 (H.B.
21512153 2910), 1213 (S.B. 662), and 1245 (H.B. 2446), Acts of the 86th
21522154 Legislature, Regular Session, 2019, is reenacted and amended to
21532155 read as follows:
21542156 (a) This section applies only to:
21552157 (1) peace officers as defined by Article 2.12, Code of
21562158 Criminal Procedure, or special investigators as described by
21572159 Article 2.122, Code of Criminal Procedure;
21582160 (2) county jailers as defined by Section 1701.001,
21592161 Occupations Code;
21602162 (3) current or former employees of the Texas
21612163 Department of Criminal Justice or of the predecessor in function of
21622164 the department or any division of the department;
21632165 (4) commissioned security officers as defined by
21642166 Section 1702.002, Occupations Code;
21652167 (5) a current or former district attorney, criminal
21662168 district attorney, or county or municipal attorney whose
21672169 jurisdiction includes any criminal law or child protective services
21682170 matters;
21692171 (5-a) a current or former employee of a district
21702172 attorney, criminal district attorney, or county or municipal
21712173 attorney whose jurisdiction includes any criminal law or child
21722174 protective services matters;
21732175 (6) officers and employees of a community supervision
21742176 and corrections department established under Chapter 76 who perform
21752177 a duty described by Section 76.004(b);
21762178 (7) criminal investigators of the United States as
21772179 described by Article 2.122(a), Code of Criminal Procedure;
21782180 (8) police officers and inspectors of the United
21792181 States Federal Protective Service;
21802182 (9) current and former employees of the office of the
21812183 attorney general who are or were assigned to a division of that
21822184 office the duties of which involve law enforcement;
21832185 (10) current or former juvenile probation and
21842186 detention officers certified by the Texas Juvenile Justice
21852187 Department, or the predecessors in function of the department,
21862188 under Title 12, Human Resources Code;
21872189 (11) current or former employees of a juvenile justice
21882190 program or facility, as those terms are defined by Section 261.405,
21892191 Family Code;
21902192 (12) current or former employees of the Texas Juvenile
21912193 Justice Department or the predecessors in function of the
21922194 department;
21932195 (13) federal judges and state judges as defined by
21942196 Section 1.005, Election Code;
21952197 (14) current or former employees of the Texas Civil
21962198 Commitment Office or of the predecessor in function of the office or
21972199 a division of the office; [and]
21982200 (15) a current or former member of the United States
21992201 Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
22002202 service of one of those branches of the armed forces, or the Texas
22012203 military forces, as that term is defined by Section 437.001;
22022204 (16) [(15)] a current or former child protective
22032205 services caseworker, adult protective services caseworker, or
22042206 investigator for the Department of Family and Protective Services
22052207 or a current or former employee of a department contractor
22062208 performing child protective services caseworker, adult protective
22072209 services caseworker, or investigator functions for the contractor
22082210 on behalf of the department; [and]
22092211 (17) [(15)] state officers elected statewide and
22102212 members of the legislature; and
22112213 (18) [(15)] a firefighter or volunteer firefighter or
22122214 emergency medical services personnel as defined by Section 773.003,
22132215 Health and Safety Code.
22142216 SECTION 9.012. Sections 659.016(e) and (f), Government
22152217 Code, are amended to correct a reference to read as follows:
22162218 (e) A deduction may be made from the salary of an employee
22172219 who is exempt as an executive, professional, or administrative
22182220 employee under 29 U.S.C. Section 213(a)(1) if:
22192221 (1) the employee is not at work for a full day or
22202222 longer for personal reasons other than sickness, accident, jury
22212223 duty, attendance as a witness at a judicial proceeding, or
22222224 temporary military leave;
22232225 (2) the employee is not at work for a full day or
22242226 longer because of sickness or disability, including sickness or
22252227 disability covered by workers' compensation benefits, and the
22262228 employee's paid sick leave or workers' compensation benefits have
22272229 been exhausted;
22282230 (3) the deduction is a penalty imposed for a violation
22292231 of a significant safety rule relating to prevention of serious
22302232 danger in the workplace to other persons, including other
22312233 employees; or
22322234 (4) in accordance with the special provisions
22332235 applicable to executive, professional, or administrative employees
22342236 of public agencies set forth in 29 C.F.R. Section 541.710 [541.5d],
22352237 the employee is not at work for less than one day for personal
22362238 reasons or because of illness or injury and accrued leave is not
22372239 used by the employee because:
22382240 (A) permission to use accrued leave was not
22392241 sought or was denied;
22402242 (B) accrued leave has been exhausted; or
22412243 (C) the employee chooses to use leave without
22422244 pay.
22432245 (f) In accordance with 29 C.F.R. Section 541.710 [541.5d], a
22442246 deduction from the pay of an executive, professional, or
22452247 administrative employee because of an absence from work caused by a
22462248 furlough related to the budget does not affect the employee's
22472249 status as an employee paid on a salary basis, except for any
22482250 workweek in which the furlough occurs and for which the employee's
22492251 pay is accordingly reduced.
22502252 SECTION 9.013. Section 772.0064(i), Government Code, is
22512253 amended to conform to Chapter 469 (H.B. 4173), Acts of the 86th
22522254 Legislature, Regular Session, 2019, to read as follows:
22532255 (i) The task force shall:
22542256 (1) develop policy recommendations to allow the state
22552257 to:
22562258 (A) effectively coordinate funding for services
22572259 to child and adult survivors; and
22582260 (B) better prevent, investigate, and prosecute
22592261 incidents of sexual assault and other sex offenses;
22602262 (2) facilitate communication and cooperation between
22612263 state agencies that have duties relating to the prevention,
22622264 investigation, or prosecution of sexual assault or other sex
22632265 offenses or services provided to survivors in order to identify and
22642266 coordinate state resources available for assisting survivors;
22652267 (3) collect, analyze, and make publicly available
22662268 information, organized by region, regarding the prevention,
22672269 investigation, and prosecution of sexual assault and other sex
22682270 offenses and services provided to survivors, including a list of
22692271 SAFE-ready facilities designated under Section 323.0015, Health
22702272 and Safety Code;
22712273 (4) make and periodically update recommendations
22722274 regarding the collection, preservation, tracking, analysis, and
22732275 destruction of evidence in cases of sexual assault or other sex
22742276 offenses, including recommendations:
22752277 (A) to the attorney general regarding:
22762278 (i) evidence collection kits for use in the
22772279 collection and preservation of evidence of sexual assault or other
22782280 sex offenses;
22792281 (ii) protocols for the collection and
22802282 preservation of evidence of sexual assault or other sex offenses;
22812283 (iii) the curriculum for training programs
22822284 on collecting and preserving evidence of sexual assault and other
22832285 sex offenses; and
22842286 (iv) the requirements for certification of
22852287 sexual assault nurse examiners; and
22862288 (B) to other appropriate individuals or
22872289 organizations, regarding:
22882290 (i) the procedures for obtaining patient
22892291 authorization for forensic medical examinations of child and adult
22902292 survivors under Subchapters F and G, Chapter 56A [Articles 56.06
22912293 and 56.065], Code of Criminal Procedure;
22922294 (ii) the requirements for maintaining an
22932295 appropriate evidentiary chain of custody;
22942296 (iii) the identification and reporting of
22952297 untested evidence throughout the state; and
22962298 (iv) standards for the submission of
22972299 evidence to forensic laboratories for analysis, including
22982300 procedures for submitting evidence in cases for which no evidence
22992301 has been previously submitted or tested;
23002302 (5) advise and provide resources to the Texas
23012303 Commission on Law Enforcement and other law enforcement
23022304 organizations to improve law enforcement officer training related
23032305 to the investigation and documentation of cases involving sexual
23042306 assault and other sex offenses, with a focus on the interactions
23052307 between law enforcement officers and survivors;
23062308 (6) provide to law enforcement agencies, prosecutors,
23072309 and judges with jurisdiction over sexual assault or other sex
23082310 offense cases information and resources to maximize effective and
23092311 empathetic investigation, prosecution, and hearings, including
23102312 information and resources:
23112313 (A) regarding trauma-informed practices and the
23122314 dynamics and effects of sexual assault and other sex offenses on
23132315 child and adult survivors;
23142316 (B) intended to improve the understanding of and
23152317 the response to sexual assault or other sex offenses;
23162318 (C) regarding best practices in the
23172319 investigation and prosecution of sexual assault or other sex
23182320 offenses; and
23192321 (D) for judges regarding common issues in the
23202322 criminal trials of sexual assault and other sex offenses;
23212323 (7) biennially contract for a survey of the resources
23222324 provided to survivors by nonprofit organizations, health care
23232325 facilities, institutions of higher education, sexual assault
23242326 response teams, and other governmental entities in each region of
23252327 the state;
23262328 (8) make recommendations as necessary to improve the
23272329 collecting and reporting of data on the investigation and
23282330 prosecution of sexual assault and other sex offenses; and
23292331 (9) develop a statewide standard for best practices in
23302332 the funding and provision of services to survivors by nonprofit
23312333 organizations, health care facilities, institutions of higher
23322334 education, sexual assault response teams, and other governmental
23332335 entities.
23342336 SECTION 9.014. Section 2054.352(a), Government Code, as
23352337 amended by Chapters 467 (H.B. 4170), 768 (H.B. 1501), and 1232 (H.B.
23362338 1523), Acts of the 86th Legislature, Regular Session, 2019, is
23372339 reenacted to read as follows:
23382340 (a) The following licensing entities shall participate in
23392341 the system established under Section 2054.353:
23402342 (1) Texas Board of Chiropractic Examiners;
23412343 (2) Judicial Branch Certification Commission;
23422344 (3) State Board of Dental Examiners;
23432345 (4) Texas Funeral Service Commission;
23442346 (5) Texas Medical Board;
23452347 (6) Texas Board of Nursing;
23462348 (7) Texas Optometry Board;
23472349 (8) Department of Agriculture, for licenses issued
23482350 under Chapter 1951, Occupations Code;
23492351 (9) Texas State Board of Pharmacy;
23502352 (10) Executive Council of Physical Therapy and
23512353 Occupational Therapy Examiners;
23522354 (11) Texas State Board of Plumbing Examiners;
23532355 (12) Texas Behavioral Health Executive Council;
23542356 (13) State Board of Veterinary Medical Examiners;
23552357 (14) Texas Real Estate Commission;
23562358 (15) Texas Appraiser Licensing and Certification
23572359 Board;
23582360 (16) Texas Department of Licensing and Regulation;
23592361 (17) Texas State Board of Public Accountancy;
23602362 (18) State Board for Educator Certification;
23612363 (19) Texas Board of Professional Engineers and Land
23622364 Surveyors;
23632365 (20) Health and Human Services Commission;
23642366 (21) Texas Board of Architectural Examiners;
23652367 (22) Texas Racing Commission;
23662368 (23) Texas Commission on Law Enforcement; and
23672369 (24) Texas Private Security Board.
23682370 SECTION 9.015. Section 2400.0015, Government Code, as added
23692371 by Chapter 666 (S.B. 1978), Acts of the 86th Legislature, Regular
23702372 Session, 2019, is amended to conform to Section 21.009(35), Chapter
23712373 467 (H.B. 4170), Acts of the 86th Legislature, Regular Session,
23722374 2019, to read as follows:
23732375 Sec. 2400.0015. APPLICABILITY. This chapter does not apply
23742376 to an investment prohibited under Chapter 808 or a contract
23752377 prohibited under Chapter 2271 [2270, as added by Chapter 1 (H.B.
23762378 89), Acts of the 85th Legislature, Regular Session, 2017].
23772379 PART B. CHANGES RELATING TO THE SECURITIES ACT
23782380 SECTION 9.101. Section 4002.002, Government Code, as
23792381 effective January 1, 2022, is amended to conform to Section 1,
23802382 Chapter 772 (H.B. 1535), Acts of the 86th Legislature, Regular
23812383 Session, 2019, to read as follows:
23822384 Sec. 4002.002. SUNSET PROVISION. The State Securities
23832385 Board is subject to Chapter 325 (Texas Sunset Act). Unless
23842386 continued in existence as provided by that chapter, the board is
23852387 abolished and this title expires September 1, 2031 [2019].
23862388 SECTION 9.102. Section 4002.058, Government Code, as
23872389 effective January 1, 2022, is amended to conform to Section 2,
23882390 Chapter 772 (H.B. 1535), Acts of the 86th Legislature, Regular
23892391 Session, 2019, by amending Subsection (b) and adding Subsection (d)
23902392 to read as follows:
23912393 (b) The training program must provide the person with
23922394 information regarding:
23932395 (1) the law governing [legislation that created the]
23942396 board operations;
23952397 (2) the programs, [operated by the board;
23962398 [(3) the role and] functions, rules, and budget of the
23972399 board;
23982400 (3) the scope of and limitations on the rulemaking
23992401 authority [(4) the rules] of the board[, with an emphasis on the
24002402 rules that relate to disciplinary and investigatory authority];
24012403 (4) the types of board rules, interpretations, and
24022404 enforcement actions that may implicate federal antitrust law by
24032405 limiting competition or impacting prices charged by persons engaged
24042406 in a profession or business the board regulates, including any
24052407 rule, interpretation, or enforcement action that:
24062408 (A) regulates the scope of practice of persons in
24072409 a profession or business the board regulates;
24082410 (B) restricts advertising by persons in a
24092411 profession or business the board regulates;
24102412 (C) affects the price of goods or services
24112413 provided by persons in a profession or business the board
24122414 regulates; or
24132415 (D) restricts participation in a profession or
24142416 business the board regulates;
24152417 (5) [the current budget for the board;
24162418 [(6)] the results of the most recent formal audit of
24172419 the board;
24182420 (6) [(7)] the requirements of:
24192421 (A) laws relating to [the] open meetings, [law,
24202422 Chapter 551;
24212423 [(B) the] public information [law], [Chapter
24222424 552;
24232425 [(C) the] administrative procedure [law],
24242426 [Chapter 2001;] and disclosing conflicts of interest; and
24252427 (B) [(D)] other laws applicable [relating] to
24262428 members of a state policymaking body in performing their duties
24272429 [public officials, including conflict-of-interest laws]; and
24282430 (7) [(8)] any applicable ethics policies adopted by
24292431 the board or the Texas Ethics Commission.
24302432 (d) The commissioner shall create a training manual that
24312433 includes the information required by Subsection (b). The
24322434 commissioner shall distribute a copy of the training manual
24332435 annually to each member of the board. Each member of the board shall
24342436 sign and submit to the commissioner a statement acknowledging that
24352437 the member received and has reviewed the training manual.
24362438 SECTION 9.103. Sections 4002.107 and 4007.051, Government
24372439 Code, as effective January 1, 2022, are amended to conform to
24382440 Section 3, Chapter 772 (H.B. 1535), Acts of the 86th Legislature,
24392441 Regular Session, 2019, to read as follows:
24402442 Sec. 4002.107. WRITTEN EMPLOYEE COMPLAINT PROCEDURE. (a)
24412443 The commissioner or the commissioner's designee shall maintain a
24422444 system to promptly and efficiently act [file] on complaints [each
24432445 written complaint] filed with the commissioner or board concerning
24442446 an employee or former employee. The commissioner or the
24452447 commissioner's designee shall maintain [The file must include] the
24462448 information listed in Section 4007.051 for files maintained under
24472449 that section for complaints against persons registered under this
24482450 title.
24492451 (b) The commissioner or the commissioner's designee shall
24502452 make information available describing [provide to the person filing
24512453 the complaint and to each person who is a subject of the complaint a
24522454 copy of] the board's [policies and] procedures for [relating to]
24532455 complaint investigation and resolution.
24542456 (c) The commissioner or the commissioner's designee[, at
24552457 least quarterly until final disposition of the complaint,] shall
24562458 periodically notify the [person filing the] complaint parties [and
24572459 each person who is a subject of the complaint] of the status of the
24582460 complaint until final disposition [investigation] unless the
24592461 notice would jeopardize a law enforcement [an undercover]
24602462 investigation.
24612463 Sec. 4007.051. COMPLAINTS FILED WITH COMMISSIONER OR BOARD.
24622464 (a) The commissioner or the commissioner's designee shall maintain
24632465 a system to promptly and efficiently act [file] on complaints [each
24642466 written complaint] filed with the commissioner or board concerning
24652467 a person registered under this title. The commissioner or the
24662468 commissioner's designee shall maintain information about parties
24672469 to the complaint, the subject matter of the complaint, a summary of
24682470 the results of the review or investigation of the complaint, and its
24692471 disposition [The file must include:
24702472 [(1) the name of the person who filed the complaint;
24712473 [(2) the date the complaint was received by the
24722474 commissioner or board;
24732475 [(3) the subject matter of the complaint;
24742476 [(4) the name of each person contacted in relation to
24752477 the complaint;
24762478 [(5) a summary of the results of the review or
24772479 investigation of the complaint; and
24782480 [(6) an explanation of the reason the file was closed,
24792481 if the commissioner closed the file without taking action other
24802482 than the investigation of the complaint].
24812483 (b) The commissioner or the commissioner's designee shall
24822484 make information available describing [provide to the person filing
24832485 the complaint and to each person who is a subject of the complaint a
24842486 copy of] the board's [policies and] procedures for [relating to]
24852487 complaint investigation and resolution.
24862488 (c) The commissioner or the commissioner's designee[, at
24872489 least quarterly until final disposition of the complaint,] shall
24882490 periodically notify the [person filing the] complaint parties [and
24892491 each person who is a subject of the complaint] of the status of the
24902492 complaint until final disposition [investigation,] unless the
24912493 notice would jeopardize a law enforcement [an undercover]
24922494 investigation.
24932495 SECTION 9.104. Subchapter D, Chapter 4002, Government Code,
24942496 as effective January 1, 2022, is amended to conform to Section 4,
24952497 Chapter 772 (H.B. 1535), Acts of the 86th Legislature, Regular
24962498 Session, 2019, by adding Section 4002.1535 to read as follows:
24972499 Sec. 4002.1535. ALTERNATIVE RULEMAKING AND DISPUTE
24982500 RESOLUTION. (a) The board shall develop a policy to encourage the
24992501 use of:
25002502 (1) negotiated rulemaking procedures under Chapter
25012503 2008 for the adoption of board rules; and
25022504 (2) appropriate alternative dispute resolution
25032505 procedures under Chapter 2009 to assist in the resolution of
25042506 internal and external disputes under the board's jurisdiction.
25052507 (b) The board's procedures relating to alternative dispute
25062508 resolution must conform, to the extent possible, to any model
25072509 guidelines issued by the State Office of Administrative Hearings
25082510 for the use of alternative dispute resolution by state agencies.
25092511 (c) The board shall:
25102512 (1) coordinate the implementation of the policy
25112513 adopted under Subsection (a);
25122514 (2) provide training as needed to implement the
25132515 procedures for negotiated rulemaking or alternative dispute
25142516 resolution; and
25152517 (3) collect data concerning the effectiveness of those
25162518 procedures.
25172519 SECTION 9.105. Section 4002.163, Government Code, as
25182520 effective January 1, 2022, is amended to conform to Section 1,
25192521 Chapter 772 (H.B. 1535), Acts of the 86th Legislature, Regular
25202522 Session, 2019, to read as follows:
25212523 Sec. 4002.163. ANNUAL REPORT. On or before January 1 of
25222524 each year, the board, with the advice of the commissioner, shall
25232525 report to the governor and the presiding officer of each house of
25242526 the legislature about the administration of this title and plans
25252527 and needs for future securities regulation. The report must
25262528 include:
25272529 (1) a detailed accounting of all funds received and
25282530 disbursed by the board during the preceding year, including the
25292531 amount spent by the board assisting in the criminal prosecution of
25302532 cases under Section 4007.001(e); and
25312533 (2) with respect to cases referred during the
25322534 preceding year by the board under Section 4007.001(c), a breakdown
25332535 by county and district attorney of the number of cases where:
25342536 (A) criminal charges were filed;
25352537 (B) prosecution is ongoing; or
25362538 (C) prosecution was completed.
25372539 SECTION 9.106. Section 4004.351(2), Government Code, as
25382540 effective January 1, 2022, is amended to conform to Section
25392541 21.001(19), Chapter 467 (H.B. 4170), Acts of the 86th Legislature,
25402542 Regular Session, 2019, to read as follows:
25412543 (2) "Exploitation," "financial exploitation," and
25422544 "vulnerable adult" have the meanings assigned by Section 281.001
25432545 [280.001], Finance Code.
25442546 SECTION 9.107. Section 4006.054, Government Code, as
25452547 effective January 1, 2022, is amended to conform to Section 7,
25462548 Chapter 772 (H.B. 1535), Acts of the 86th Legislature, Regular
25472549 Session, 2019, to read as follows:
25482550 Sec. 4006.054. AMENDMENT OR DUPLICATE OF REGISTRATION
25492551 CERTIFICATE OR EVIDENCE OF REGISTRATION[; REGISTRATION OF BRANCH
25502552 OFFICE]. The commissioner or board shall charge and collect a fee
25512553 of $25 for a filing to:
25522554 (1) amend the registration certificate of a dealer or
25532555 investment adviser or the evidence of registration of an agent or
25542556 investment adviser representative; or
25552557 (2) issue a duplicate certificate or evidence of
25562558 registration[; or
25572559 [(3) register a branch office].
25582560 SECTION 9.108. Section 4007.001, Government Code, as
25592561 effective January 1, 2022, is amended to conform to Section 5,
25602562 Chapter 772 (H.B. 1535), Acts of the 86th Legislature, Regular
25612563 Session, 2019, by adding Subsections (e), (f), (g), (h), and (i) to
25622564 read as follows:
25632565 (e) Subject to Subsection (h), the board may provide
25642566 assistance to a county or district attorney who requests assistance
25652567 in a criminal prosecution involving an alleged violation of this
25662568 title that is referred by the board to the attorney under Subsection
25672569 (c).
25682570 (f) Before referring a case to a county or district attorney
25692571 for prosecution as required by Subsection (c), the commissioner
25702572 shall make a determination of:
25712573 (1) the potential resources of the board, including
25722574 the number and types of board employees, that would be needed to
25732575 assist in the prosecution of the case; and
25742576 (2) the availability of board employees and other
25752577 resources necessary to carry out any request for assistance.
25762578 (g) The board by rule shall establish a process to enable
25772579 the commissioner to determine whether to provide any requested
25782580 assistance to the appropriate prosecuting attorney following
25792581 referral of a case under Subsection (c) and, if so, the appropriate
25802582 amount of such assistance. The rules must require the commissioner
25812583 to consider:
25822584 (1) whether resources are available after taking into
25832585 account any ongoing board investigations, investigations under
25842586 Section 4007.053, and criminal prosecutions for which assistance is
25852587 being provided;
25862588 (2) the seriousness of the alleged violation or
25872589 violations in the case, including the severity of the harm and
25882590 number of victims involved; and
25892591 (3) the state's interest in the prosecution of a
25902592 particular case and the availability of other methods of redress
25912593 for the alleged violations, including the pursuit of a civil
25922594 action.
25932595 (h) In response to a request for assistance under Subsection
25942596 (e), the board may provide only those board employees or resources,
25952597 if any, determined to be available for that case in accordance with
25962598 Subsection (f). If a change in circumstances occurs after the time
25972599 of the determination under Subsection (f), the commissioner may
25982600 reconsider the commissioner's determination under that subsection
25992601 and may increase or reduce the number of board employees or other
26002602 resources to be made available for a case using the process
26012603 established under Subsection (g).
26022604 (i) The attorney general, at least biennially, shall review
26032605 a sample of criminal cases for which the board provided requested
26042606 assistance to county or district attorneys under this section. The
26052607 review must include an evaluation of the pre-referral determination
26062608 of available resources to support each case being reviewed as
26072609 required by Subsection (f) and any subsequent determination of
26082610 those resources made by the commissioner as authorized under
26092611 Subsection (h). The attorney general may report any concerns the
26102612 attorney general has in connection with the board's provision of
26112613 assistance to the standing committee of each house of the
26122614 legislature with primary jurisdiction over board matters.
26132615 SECTION 9.109. Subchapter C, Chapter 4007, Government Code,
26142616 as effective January 1, 2022, is amended to conform to Section 6,
26152617 Chapter 772 (H.B. 1535), Acts of the 86th Legislature, Regular
26162618 Session, 2019, by adding Section 4007.108 to read as follows:
26172619 Sec. 4007.108. REFUND. (a) Subject to Subsection (b), the
26182620 commissioner may order a dealer, agent, investment adviser, or
26192621 investment adviser representative regulated under this title to pay
26202622 a refund to a client or a purchaser of securities or services from
26212623 the person or company as provided in an agreed order or an
26222624 enforcement order instead of or in addition to imposing an
26232625 administrative penalty or other sanctions.
26242626 (b) The amount of a refund ordered as provided in an agreed
26252627 order or an enforcement order may not exceed the amount the client
26262628 or purchaser paid to the dealer, agent, investment adviser, or
26272629 investment adviser representative for a service or transaction
26282630 regulated by the board. The commissioner may not require payment of
26292631 other damages or estimate harm in a refund order.
26302632 SECTION 9.110. Sections 1 through 7, Chapter 772 (H.B.
26312633 1535), Acts of the 86th Legislature, Regular Session, 2019, which
26322634 amended The Securities Act (Article 581-1 et seq., Vernon's Texas
26332635 Civil Statutes), are repealed.
26342636 SECTION 9.111. The heading to Title 19, Vernon's Texas
26352637 Civil Statutes, is repealed.
26362638 SECTION 9.112. This part takes effect January 1, 2022.
26372639 ARTICLE 10. CHANGES RELATING TO HEALTH AND SAFETY CODE
26382640 SECTION 10.001. Section 34.0158, Health and Safety Code, as
26392641 added by Chapter 514 (S.B. 436), Acts of the 86th Legislature,
26402642 Regular Session, 2019, is redesignated as Section 34.01581, Health
26412643 and Safety Code, and amended to conform to Chapter 601 (S.B. 750),
26422644 Acts of the 86th Legislature, Regular Session, 2019, to read as
26432645 follows:
26442646 Sec. 34.01581 [34.0158]. OPIOID USE DISORDER MATERNAL AND
26452647 NEWBORN HEALTH INITIATIVES. (a) The department, in collaboration
26462648 with the review committee [task force], shall develop and implement
26472649 initiatives to:
26482650 (1) improve screening procedures to better identify
26492651 and care for women with opioid use disorder;
26502652 (2) improve continuity of care for women with opioid
26512653 use disorder by ensuring that health care providers refer the women
26522654 to appropriate treatment and verify the women receive the
26532655 treatment;
26542656 (3) optimize health care provided to pregnant women
26552657 with opioid use disorder;
26562658 (4) optimize health care provided to newborns with
26572659 neonatal abstinence syndrome by encouraging maternal engagement;
26582660 (5) increase access to medication-assisted treatment
26592661 for women with opioid use disorder during pregnancy and the
26602662 postpartum period; and
26612663 (6) prevent opioid use disorder by reducing the number
26622664 of opioid drugs prescribed before, during, and following a
26632665 delivery.
26642666 (b) Before implementing the initiatives described by
26652667 Subsection (a), the department may conduct a limited pilot program
26662668 in one or more geographic areas of this state to implement the
26672669 initiatives at hospitals licensed under Chapter 241 with expertise
26682670 in caring for newborns with neonatal abstinence syndrome or related
26692671 conditions. The pilot program must conclude not later than March 1,
26702672 2020. This subsection expires September 1, 2021.
26712673 (c) Using existing resources, the department, in
26722674 collaboration with the review committee [task force], shall promote
26732675 and facilitate the use among health care providers in this state of
26742676 maternal health informational materials, including tools and
26752677 procedures related to best practices in maternal health to improve
26762678 obstetrical care for women with opioid use disorder.
26772679 SECTION 10.002. Section 34.020(e), Health and Safety Code,
26782680 as added by Chapter 973 (S.B. 748), Acts of the 86th Legislature,
26792681 Regular Session, 2019, is amended to conform to the repeal of
26802682 Section 531.02176, Government Code, by Chapters 964 (S.B. 670) and
26812683 1061 (H.B. 1063), Acts of the 86th Legislature, Regular Session,
26822684 2019, to read as follows:
26832685 (e) If [Notwithstanding Section 531.02176, Government Code,
26842686 and if] the commission determines it is feasible and
26852687 cost-effective, the commission may:
26862688 (1) provide home telemonitoring services and
26872689 necessary durable medical equipment to women participating in the
26882690 program to the extent the commission anticipates the services and
26892691 equipment will reduce unnecessary emergency room visits or
26902692 hospitalizations; and
26912693 (2) reimburse providers under Medicaid for the
26922694 provision of home telemonitoring services and durable medical
26932695 equipment under the program.
26942696 SECTION 10.003. Section 241.1031(a), Health and Safety
26952697 Code, is amended to conform to Chapter 469 (H.B. 4173), Acts of the
26962698 86th Legislature, Regular Session, 2019, to read as follows:
26972699 (a) A hospital may not destroy a medical record from the
26982700 forensic medical examination of a sexual assault victim conducted
26992701 under Subchapter F or G, Chapter 56A [Article 56.06 or 56.065], Code
27002702 of Criminal Procedure, until the 20th anniversary of the date the
27012703 record was created.
27022704 SECTION 10.004. (a) Section 254.156, Health and Safety
27032705 Code, as added by Chapter 1062 (H.B. 1112), Acts of the 86th
27042706 Legislature, Regular Session, 2019, is repealed as duplicative of
27052707 Section 254.158, Health and Safety Code, as added by Chapter 1093
27062708 (H.B. 2041), Acts of the 86th Legislature, Regular Session, 2019.
27072709 (b) Sections 254.203(a) and (b), Health and Safety Code, as
27082710 amended by Chapters 1062 (H.B. 1112) and 1093 (H.B. 2041), Acts of
27092711 the 86th Legislature, Regular Session, 2019, are reenacted to read
27102712 as follows:
27112713 (a) The department may petition a district court for a
27122714 temporary restraining order to restrain a continuing violation of
27132715 the standards or licensing requirements provided under this chapter
27142716 or of Section 254.158 if the department finds that the violation
27152717 creates an immediate threat to the health and safety of the patients
27162718 of a facility or of the public.
27172719 (b) A district court, on petition of the department and on a
27182720 finding by the court that a person is violating the standards or
27192721 licensing requirements provided under this chapter or is violating
27202722 Section 254.158, may by injunction:
27212723 (1) prohibit a person from continuing the violation;
27222724 (2) restrain or prevent the establishment or operation
27232725 of a facility without a license issued under this chapter; or
27242726 (3) grant any other injunctive relief warranted by the
27252727 facts.
27262728 SECTION 10.005. Section 323.005(a), Health and Safety Code,
27272729 as amended by Chapters 408 (H.B. 8), 469 (H.B. 4173), and 1037 (H.B.
27282730 616), Acts of the 86th Legislature, Regular Session, 2019, is
27292731 reenacted and further amended to conform to Chapter 469 (H.B.
27302732 4173), Acts of the 86th Legislature, Regular Session, 2019, to read
27312733 as follows:
27322734 (a) The department shall develop a standard information
27332735 form for sexual assault survivors that must include:
27342736 (1) a detailed explanation of the forensic medical
27352737 examination required to be provided by law, including a statement
27362738 that photographs may be taken of the genitalia;
27372739 (2) information regarding treatment of sexually
27382740 transmitted infections and pregnancy, including:
27392741 (A) generally accepted medical procedures;
27402742 (B) appropriate medications; and
27412743 (C) any contraindications of the medications
27422744 prescribed for treating sexually transmitted infections and
27432745 preventing pregnancy;
27442746 (3) information regarding drug-facilitated sexual
27452747 assault, including the necessity for an immediate urine test for
27462748 sexual assault survivors who may have been involuntarily drugged;
27472749 (4) information regarding crime victims compensation,
27482750 including:
27492751 (A) a statement that public agencies are
27502752 responsible for paying for the forensic portion of an examination
27512753 conducted under Subchapter F or G, Chapter 56A [Article 56.06 or
27522754 56.065], Code of Criminal Procedure, and for the evidence
27532755 collection kit used in connection with the examination and that the
27542756 health care facility or provider, as applicable, is responsible for
27552757 seeking reimbursement for those costs; and
27562758 (B) information regarding the reimbursement of
27572759 the survivor for the medical portion of the examination;
27582760 (5) an explanation that consent for the forensic
27592761 medical examination may be withdrawn at any time during the
27602762 examination;
27612763 (6) the name and telephone number of sexual assault
27622764 crisis centers statewide; and
27632765 (7) information regarding postexposure prophylaxis
27642766 for HIV infection.
27652767 SECTION 10.006. Section 323.0052(a), Health and Safety
27662768 Code, is amended to conform to Chapter 469 (H.B. 4173), Acts of the
27672769 86th Legislature, Regular Session, 2019, to read as follows:
27682770 (a) The department shall develop a standard information
27692771 form that, as described by Subsection (b), is to be provided to
27702772 sexual assault survivors who have not given signed, written consent
27712773 to a health care facility to release the evidence as provided by
27722774 Section 420.0735, Government Code. The form must include the
27732775 following information:
27742776 (1) the Department of Public Safety's policy regarding
27752777 storage of evidence of a sexual assault or other sex offense that is
27762778 collected under Subchapter G, Chapter 56A [Article 56.065], Code of
27772779 Criminal Procedure, including:
27782780 (A) a statement that the evidence will be stored
27792781 until the fifth anniversary of the date on which the evidence was
27802782 collected before the evidence becomes eligible for destruction; and
27812783 (B) the department's procedures regarding the
27822784 notification of the survivor before a planned destruction of the
27832785 evidence;
27842786 (2) a statement that the survivor may request the
27852787 release of the evidence to a law enforcement agency and report a
27862788 sexual assault or other sex offense to the agency at any time;
27872789 (3) the name, phone number, and e-mail address of the
27882790 law enforcement agency with jurisdiction over the offense; and
27892791 (4) the name and phone number of a local rape crisis
27902792 center.
27912793 SECTION 10.007. Section 382.05155(d), Health and Safety
27922794 Code, as amended by Chapters 393 (S.B. 698) and 1173 (H.B. 3317),
27932795 Acts of the 86th Legislature, Regular Session, 2019, is reenacted
27942796 to read as follows:
27952797 (d) The commission by rule may add a surcharge to an
27962798 application fee assessed under this chapter for an expedited
27972799 application in an amount sufficient to cover the expenses incurred
27982800 by the expediting, including overtime, costs of full-time
27992801 equivalent commission employees to support the expedited
28002802 processing of air permit applications, contract labor, and other
28012803 costs. The surcharge is considered part of the application fee and
28022804 shall be deposited with the fee to the credit of the clean air
28032805 account established under Section 382.0622(b). Money from the
28042806 surcharge collected under this section may be used to support the
28052807 expedited processing of air permit applications under this section.
28062808 SECTION 10.008. Section 780.003(b), Health and Safety Code,
28072809 as amended by Chapters 372 (H.B. 1631) and 1094 (H.B. 2048), Acts of
28082810 the 86th Legislature, Regular Session, 2019, is reenacted and
28092811 amended and further amended to conform to Chapter 594 (S.B. 604),
28102812 Acts of the 86th Legislature, Regular Session, 2019, to read as
28112813 follows:
28122814 (b) The account is composed of money deposited to the credit
28132815 of the account under Sections 542.4031, [and] 709.002, and
28142816 1006.153, Transportation Code, [under Section 10, Article
28152817 4413(37), Revised Statutes,] and under Section 780.002 of this
28162818 code.
28172819 SECTION 10.009. Section 1001.205, Health and Safety Code,
28182820 as amended by Chapters 1327 (H.B. 4429), 352 (H.B. 18), and 755
28192821 (H.B. 1070), Acts of the 86th Legislature, Regular Session, 2019,
28202822 is reenacted and amended to read as follows:
28212823 Sec. 1001.205. REPORTS. (a) Not later than September 30 of
28222824 each year, a local mental health authority shall provide to the
28232825 department the number of:
28242826 (1) employees and contractors of the authority who
28252827 were trained as mental health first aid trainers under Section
28262828 1001.202 during the preceding fiscal year, the number of trainers
28272829 who left the program for any reason during the preceding fiscal
28282830 year, and the number of active trainers;
28292831 (2) university employees, school district employees,
28302832 and school resource officers who completed a mental health first
28312833 aid training program offered by the authority under Section
28322834 1001.203 during the preceding fiscal year categorized by local
28332835 mental health authority region, university or school district, as
28342836 applicable, and category of personnel;
28352837 (3) individuals who are not university employees,
28362838 school district employees, or school resource officers who
28372839 completed a mental health first aid training program offered by the
28382840 authority during the preceding fiscal year; and
28392841 (4) veterans and immediate family members of veterans
28402842 who completed the veterans module of a mental health first aid
28412843 training program offered by the authority during the preceding
28422844 fiscal year.
28432845 (b) Not later than December 1 of each year, the department
28442846 shall compile the information submitted by local mental health
28452847 authorities as required by Subsection (a) and submit a report to the
28462848 legislature containing:
28472849 (1) the number of authority employees and contractors
28482850 trained as mental health first aid trainers during the preceding
28492851 fiscal year, the number of trainers who left the program for any
28502852 reason during the preceding fiscal year, and the number of active
28512853 trainers;
28522854 (2) the number of university employees, school
28532855 district employees, and school resource officers who completed a
28542856 mental health first aid training program provided by an authority
28552857 during the preceding fiscal year categorized by local mental health
28562858 authority region, university or school district, as applicable, and
28572859 category of personnel;
28582860 (3) the number of individuals who are not university
28592861 employees, school district employees, or school resource officers
28602862 who completed a mental health first aid training program provided
28612863 by an authority during the preceding fiscal year; [and]
28622864 (4) veterans and immediate family members of veterans
28632865 who completed the veterans module of a mental health first aid
28642866 training program provided by an authority during the preceding
28652867 fiscal year; and
28662868 (5) [(4)] a detailed accounting of expenditures of
28672869 money appropriated for the purpose of implementing this subchapter.
28682870 (c) The department shall develop and provide to local mental
28692871 health authorities a form to be used for the reporting of
28702872 information required under Subsection (a), including the reporting
28712873 of each category of personnel described by that subsection.
28722874 ARTICLE 11. CHANGES RELATING TO HUMAN RESOURCES CODE
28732875 SECTION 11.001. Section 45.002(5), Human Resources Code, is
28742876 amended to conform to Chapter 319 (S.B. 11), Acts of the 85th
28752877 Legislature, Regular Session, 2017, to read as follows:
28762878 (5) "Governmental entity" means:
28772879 (A) this state or a municipality or other
28782880 political subdivision of this state;
28792881 (B) any agency of this state or of a municipality
28802882 or other political subdivision of this state, including a
28812883 department, bureau, board, commission, office, agency, council,
28822884 and public institution of higher education; or
28832885 (C) a single source continuum contractor in this
28842886 state providing services identified under Section 264.153
28852887 [264.126], Family Code.
28862888 ARTICLE 12. CHANGES RELATING TO INSURANCE CODE
28872889 SECTION 12.001. Section 2210.2515(i), Insurance Code, is
28882890 amended to conform to the amendment of Chapter 1001, Occupations
28892891 Code, by Chapter 1232 (H.B. 1523), Acts of the 86th Legislature,
28902892 Regular Session, 2019, to read as follows:
28912893 (i) The department is authorized to submit a formal
28922894 complaint under Chapter 1001, Occupations Code, to the Texas Board
28932895 of Professional Engineers and Land Surveyors related to the
28942896 engineering work of a professional engineer as reflected in the
28952897 sealed post-construction evaluation report or other materials
28962898 submitted by an engineer under Subsection (c).
28972899 SECTION 12.002. Sections 2210.581(a) and (b), Insurance
28982900 Code, as amended by Chapters 140 (H.B. 1944) and 790 (H.B. 1900),
28992901 Acts of the 86th Legislature, Regular Session, 2019, are reenacted
29002902 and amended to read as follows:
29012903 (a) Subject to Subsection (b), the commissioner, on a
29022904 showing of good cause, may by rule:
29032905 (1) extend any deadline established under this
29042906 subchapter; and
29052907 (2) set the length of the extension [and set the number
29062908 of days by which the deadline is extended].
29072909 (b) With reference to [The] deadlines applicable to the
29082910 association only, all deadline extensions related to claims arising
29092911 from an occurrence [storm] may not exceed 120 days in the aggregate
29102912 [for deadlines applicable only to the association]. This subsection
29112913 does not affect the extension of a deadline applicable to a claimant
29122914 or to both the association and a claimant. [The limitation on
29132915 extensions under this subsection does not apply to the extension of
29142916 a deadline imposed on a claimant, or on both a claimant and the
29152917 association.]
29162918 SECTION 12.003. Section 2210.581(d), Insurance Code, as
29172919 added by Chapter 140 (H.B. 1944), Acts of the 86th Legislature,
29182920 Regular Session, 2019, is repealed as duplicative of Section
29192921 2210.581(d), Insurance Code, as added by Chapter 790 (H.B. 1900),
29202922 Acts of the 86th Legislature, Regular Session, 2019.
29212923 ARTICLE 13. CHANGES RELATING TO NATURAL RESOURCES CODE
29222924 SECTION 13.001. Section 51.402(c), Natural Resources Code,
29232925 as amended by Chapters 493 (H.B. 4388) and 524 (S.B. 608), Acts of
29242926 the 86th Legislature, Regular Session, 2019, is reenacted to read
29252927 as follows:
29262928 (c) On January 1 of each even-numbered year, the market
29272929 value of the investments made under Subsections (a)(6) and (8) may
29282930 not exceed an amount that is equal to 15 percent of the market value
29292931 of the assets held by the board and the State Board of Education as
29302932 part of the permanent school fund.
29312933 ARTICLE 14. CHANGES RELATING TO OCCUPATIONS CODE
29322934 SECTION 14.001. Section 51.252(e), Occupations Code, as
29332935 added by Chapter 289 (H.B. 2452), Acts of the 86th Legislature,
29342936 Regular Session, 2019, is repealed as duplicative of Section
29352937 51.252(e), Occupations Code, as added by Chapter 1144 (H.B. 2847),
29362938 Acts of the 86th Legislature, Regular Session, 2019.
29372939 SECTION 14.002. Section 153.003(b), Occupations Code, is
29382940 amended to conform to Chapter 469 (H.B. 4173), Acts of the 86th
29392941 Legislature, Regular Session, 2019, to read as follows:
29402942 (b) The rules adopted under this section must prohibit a
29412943 physician from destroying a medical record from the forensic
29422944 medical examination of a sexual assault victim conducted under
29432945 Subchapter F or G, Chapter 56A [Article 56.06 or 56.065], Code of
29442946 Criminal Procedure, until the 20th anniversary of the date the
29452947 record was created.
29462948 SECTION 14.003. Sections 503.207(c) and (d) and 505.205(d)
29472949 and (e), Occupations Code, as added by Chapter 91 (H.B. 125), Acts
29482950 of the 86th Legislature, Regular Session, 2019, are repealed as
29492951 duplicative of Sections 507.160(c) and (d), Occupations Code, as
29502952 added by Chapter 768 (H.B. 1501), Acts of the 86th Legislature,
29512953 Regular Session, 2019.
29522954 SECTION 14.004. Section 2022.001(b), Occupations Code, as
29532955 added by Chapter 963 (S.B. 1969), Acts of the 85th Legislature,
29542956 Regular Session, 2017, is amended to conform to Chapter 131 (H.B.
29552957 1106), Acts of the 85th Legislature, Regular Session, 2017, to read
29562958 as follows:
29572959 (b) The ex officio members are:
29582960 (1) the chair of the Public Safety Commission, or a
29592961 member of the Public Safety Commission designated by the chair; and
29602962 (2) the commissioner of agriculture or the
29612963 commissioner's [comptroller or the comptroller's] designee.
29622964 SECTION 14.005. Section 2301.476(a)(2), Occupations Code,
29632965 is amended to conform to Chapters 1233 (H.B. 1548) and 882 (H.B.
29642966 3171), Acts of the 86th Legislature, Regular Session, 2019, to read
29652967 as follows:
29662968 (2) "Type of motor vehicle" means the classification
29672969 of a motor vehicle as one of the following:
29682970 (A) a passenger car or a truck, including a
29692971 pickup truck, van, panel delivery truck, or a carryall truck, with a
29702972 gross vehicle weight rating of 14,000 pounds or less that is used
29712973 primarily to transport persons or property;
29722974 (B) a motorcycle or motor-driven cycle, which
29732975 includes:
29742976 (i) an all-terrain vehicle, as defined by
29752977 Section 551A.001 [502.001], Transportation Code;
29762978 (ii) a recreational off-highway vehicle, as
29772979 defined by Section 551A.001 [502.001], Transportation Code;
29782980 (iii) an autocycle, as defined by Section
29792981 501.008, Transportation Code;
29802982 (iv) a moped, as defined by Section
29812983 541.201, Transportation Code; or
29822984 (v) a motorcycle, as defined by Section
29832985 541.201, Transportation Code; [or
29842986 [(vi) a motor-driven cycle, as defined by
29852987 Section 541.201, Transportation Code;]
29862988 (C) an engine, transmission, or rear axle, as
29872989 described by Section 2301.002(23)(C);
29882990 (D) a medium-duty or heavy-duty truck with a
29892991 gross vehicle weight rating of more than 14,000 pounds;
29902992 (E) a bus, as defined by Section 541.201,
29912993 Transportation Code;
29922994 (F) a road tractor or truck tractor, as defined
29932995 by Section 541.201, Transportation Code;
29942996 (G) a firefighting vehicle; or
29952997 (H) a recreational vehicle, which includes:
29962998 (i) a motor home;
29972999 (ii) a towable recreational vehicle;
29983000 (iii) a travel trailer, as defined by
29993001 Section 501.002, Transportation Code; or
30003002 (iv) a house trailer, as defined by Section
30013003 501.002, Transportation Code.
30023004 ARTICLE 15. CHANGES RELATING TO PARKS AND WILDLIFE CODE
30033005 SECTION 15.001. Section 11.032(b), Parks and Wildlife Code,
30043006 as amended by Chapters 174 (H.B. 1300) and 426 (S.B. 733), Acts of
30053007 the 86th Legislature, Regular Session, 2019, is reenacted and
30063008 amended to read as follows:
30073009 (b) The department shall deposit to the credit of the game,
30083010 fish, and water safety account all revenue, less allowable costs,
30093011 from the following sources:
30103012 (1) all types of fishing licenses and stamps and
30113013 shrimping licenses;
30123014 (2) all types of hunting licenses and stamps;
30133015 (3) trapping licenses and other licenses relating to
30143016 the taking, propagation, and sale of fur-bearing animals or their
30153017 pelts;
30163018 (4) sale of marl, sand, gravel, shell, and mudshell;
30173019 (5) oyster bed rentals and permits;
30183020 (6) federal funds received for fish and wildlife
30193021 research, management, development and conservation, resource
30203022 protection, and law enforcement, unless the funds are received for
30213023 the specific purposes of Subchapter F, Chapter 77;
30223024 (7) sale of property, less advertising costs,
30233025 purchased from this account or a special fund or account that is now
30243026 part of this account;
30253027 (8) fines and penalties collected for violations of a
30263028 law pertaining to the protection and conservation of wild birds,
30273029 wild fowl, wild animals, fish, shrimp, oysters, game birds and
30283030 animals, fur-bearing animals, alligators, and any other wildlife
30293031 resources of this state;
30303032 (9) sale of rough fish by the department;
30313033 (10) fees for importation permits;
30323034 (11) fees from supplying fish for or placing fish in
30333035 water located on private property;
30343036 (12) sale of seized pelts;
30353037 (13) sale or lease of grazing rights to and the
30363038 products from game preserves, sanctuaries, and management areas;
30373039 (14) contracts for the removal of fur-bearing animals
30383040 and reptiles from wildlife management areas;
30393041 (15) vessel registration fees;
30403042 (16) vessel manufacturer or dealer licensing fees;
30413043 (17) fines or penalties imposed by a court for
30423044 violation of water safety laws contained in Chapter 31 of this code;
30433045 (18) alligator hunter's or alligator buyer's licenses;
30443046 (19) sale of alligators or any part of an alligator by
30453047 the department;
30463048 (20) fees and revenue collected under Section
30473049 11.027(b) or (c) of this code that are associated with the
30483050 conservation of fish and wildlife;
30493051 (21) fees related to cultivated oyster mariculture;
30503052 (22) vessel and outboard motor titling fees; [and]
30513053 (23) participation fees collected under Section
30523054 43.976; and
30533055 (24) [(23)] any other source provided by law.
30543056 ARTICLE 16. CHANGES RELATING TO PENAL CODE
30553057 SECTION 16.001. Sections 12.50(b) and (c), Penal Code, as
30563058 amended by Chapters 418 (S.B. 201) and 1058 (H.B. 1028), Acts of the
30573059 86th Legislature, Regular Session, 2019, are reenacted to read as
30583060 follows:
30593061 (b) The increase in punishment authorized by this section
30603062 applies only to an offense under:
30613063 (1) Section 22.01;
30623064 (2) Section 28.02;
30633065 (3) Section 29.02;
30643066 (4) Section 30.02;
30653067 (5) Section 30.03;
30663068 (6) Section 30.04;
30673069 (7) Section 30.05; and
30683070 (8) Section 31.03.
30693071 (c) If an offense listed under Subsection (b)(1), (5), (6),
30703072 (7), or (8) is punishable as a Class A misdemeanor, the minimum term
30713073 of confinement for the offense is increased to 180 days. If an
30723074 offense listed under Subsection (b)(2), (4), or (8) is punishable
30733075 as a felony of the first degree, the punishment for that offense may
30743076 not be increased under this section.
30753077 SECTION 16.002. Section 22.011(f), Penal Code, as amended
30763078 by Chapters 436 (S.B. 1259) and 738 (H.B. 667), Acts of the 86th
30773079 Legislature, Regular Session, 2019, is reenacted and amended to
30783080 read as follows:
30793081 (f) An offense under this section is a felony of the second
30803082 degree, except that an offense under this section is:
30813083 (1) a felony of the first degree if the victim was:
30823084 (A) [(1)] a person whom the actor was prohibited
30833085 from marrying or purporting to marry or with whom the actor was
30843086 prohibited from living under the appearance of being married under
30853087 Section 25.01; or
30863088 (B) [(2)] a person with whom the actor was
30873089 prohibited from engaging in sexual intercourse or deviate sexual
30883090 intercourse under Section 25.02; or
30893091 (2) a state jail felony if the offense is committed
30903092 under Subsection (a)(1) and the actor has not received express
30913093 consent as described by Subsection (b)(12).
30923094 SECTION 16.003. Section 25.07(g), Penal Code, is amended to
30933095 conform to Chapter 469 (H.B. 4173), Acts of the 86th Legislature,
30943096 Regular Session, 2019, to read as follows:
30953097 (g) An offense under this section is a Class A misdemeanor,
30963098 except the offense is:
30973099 (1) subject to Subdivision (2), a state jail felony if
30983100 it is shown at the trial of the offense that the defendant violated
30993101 an order issued as a result of an application filed under Article
31003102 7B.001(a-1) [7A.01(a-1)], Code of Criminal Procedure; or
31013103 (2) a felony of the third degree if it is shown on the
31023104 trial of the offense that the defendant:
31033105 (A) has previously been convicted two or more
31043106 times of an offense under this section or two or more times of an
31053107 offense under Section 25.072, or has previously been convicted of
31063108 an offense under this section and an offense under Section 25.072;
31073109 or
31083110 (B) has violated the order or condition of bond
31093111 by committing an assault or the offense of stalking.
31103112 SECTION 16.004. Section 37.09(c-1), Penal Code, is amended
31113113 to correct a reference to read as follows:
31123114 (c-1) It is a defense to prosecution under Subsection (a) or
31133115 (d)(1) that the record, document, or thing was visual material
31143116 prohibited under Section 43.261 that was destroyed as described by
31153117 Subsection (f)(3) [(f)(3)(B)] of that section.
31163118 SECTION 16.005. Section 46.15(h), Penal Code, is amended to
31173119 conform to Chapter 216 (H.B. 446), Acts of the 86th Legislature,
31183120 Regular Session, 2019, to read as follows:
31193121 (h) The provisions of Section [Sections 46.02 and] 46.03
31203122 prohibiting the possession or carrying of a club do not apply to a
31213123 code enforcement officer who:
31223124 (1) holds a certificate of registration issued under
31233125 Chapter 1952, Occupations Code; and
31243126 (2) possesses or carries an instrument used
31253127 specifically for deterring an animal bite while the officer is:
31263128 (A) performing official duties; or
31273129 (B) traveling to or from a place of duty.
31283130 ARTICLE 17. CHANGES RELATING TO PROPERTY CODE
31293131 SECTION 17.001. Section 74.501(e), Property Code, as
31303132 amended by Chapters 267 (S.B. 1420) and 897 (H.B. 3598), Acts of the
31313133 86th Legislature, Regular Session, 2019, is reenacted to read as
31323134 follows:
31333135 (e) Except as provided by Subsection (f) or Section 551.051,
31343136 Estates Code, the comptroller may not pay to the following persons a
31353137 claim to which this section applies:
31363138 (1) a creditor, a judgment creditor, a lienholder, or
31373139 an assignee of the reported owner or of the owner's heirs;
31383140 (2) a person holding a power of attorney from the
31393141 reported owner or the owner's heirs; or
31403142 (3) a person attempting to make a claim on behalf of a
31413143 corporation that was previously forfeited, dissolved, or
31423144 terminated, if the comptroller finds that:
31433145 (A) the corporation was revived for the purpose
31443146 of making a claim under this section; and
31453147 (B) the person submitting the claim was not an
31463148 authorized representative of the corporation at the time of the
31473149 corporation's forfeiture, dissolution, or termination.
31483150 ARTICLE 18. CHANGES RELATING TO SPECIAL DISTRICT LOCAL LAWS CODE
31493151 SECTION 18.001. Section 5012.0003, Special District Local
31503152 Laws Code, is amended to correct a reference to read as follows:
31513153 Sec. 5012.0003. AUTHORITY TERRITORY. The authority is
31523154 composed of the territory in Jefferson County described by Section
31533155 1, Chapter 379, Acts of the 63rd Legislature, Regular Session,
31543156 1973, as that territory may have been modified under:
31553157 (1) Subchapter H, Chapter 62, Water Code; or
31563158 (2) other law.
31573159 ARTICLE 19. CHANGES RELATING TO TAX CODE
31583160 SECTION 19.001. Section 25.025(a), Tax Code, as amended by
31593161 Chapters 467 (H.B. 4170), 469 (H.B. 4173), 633 (S.B. 1494), 1213
31603162 (S.B. 662), and 1245 (H.B. 2446), Acts of the 86th Legislature,
31613163 Regular Session, 2019, is reenacted and amended to read as follows:
31623164 (a) This section applies only to:
31633165 (1) a current or former peace officer as defined by
31643166 Article 2.12, Code of Criminal Procedure, and the spouse or
31653167 surviving spouse of the peace officer;
31663168 (2) the adult child of a current peace officer as
31673169 defined by Article 2.12, Code of Criminal Procedure;
31683170 (3) a county jailer as defined by Section 1701.001,
31693171 Occupations Code;
31703172 (4) an employee of the Texas Department of Criminal
31713173 Justice;
31723174 (5) a commissioned security officer as defined by
31733175 Section 1702.002, Occupations Code;
31743176 (6) an individual who shows that the individual, the
31753177 individual's child, or another person in the individual's household
31763178 is a victim of family violence as defined by Section 71.004, Family
31773179 Code, by providing:
31783180 (A) a copy of a protective order issued under
31793181 Chapter 85, Family Code, or a magistrate's order for emergency
31803182 protection issued under Article 17.292, Code of Criminal Procedure;
31813183 or
31823184 (B) other independent documentary evidence
31833185 necessary to show that the individual, the individual's child, or
31843186 another person in the individual's household is a victim of family
31853187 violence;
31863188 (7) an individual who shows that the individual, the
31873189 individual's child, or another person in the individual's household
31883190 is a victim of sexual assault or abuse, stalking, or trafficking of
31893191 persons by providing:
31903192 (A) a copy of a protective order issued under
31913193 Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a
31923194 magistrate's order for emergency protection issued under Article
31933195 17.292, Code of Criminal Procedure; or
31943196 (B) other independent documentary evidence
31953197 necessary to show that the individual, the individual's child, or
31963198 another person in the individual's household is a victim of sexual
31973199 assault or abuse, stalking, or trafficking of persons;
31983200 (8) a participant in the address confidentiality
31993201 program administered by the attorney general under Subchapter B,
32003202 Chapter 58, Code of Criminal Procedure, who provides proof of
32013203 certification under Article 58.059, Code of Criminal Procedure;
32023204 (9) a federal judge, a state judge, or the spouse of a
32033205 federal judge or state judge;
32043206 (10) a current or former district attorney, criminal
32053207 district attorney, or county or municipal attorney whose
32063208 jurisdiction includes any criminal law or child protective services
32073209 matters;
32083210 (11) a current or former employee of a district
32093211 attorney, criminal district attorney, or county or municipal
32103212 attorney whose jurisdiction includes any criminal law or child
32113213 protective services matters;
32123214 (12) an officer or employee of a community supervision
32133215 and corrections department established under Chapter 76,
32143216 Government Code, who performs a duty described by Section 76.004(b)
32153217 of that code;
32163218 (13) a criminal investigator of the United States as
32173219 described by Article 2.122(a), Code of Criminal Procedure;
32183220 (14) a police officer or inspector of the United
32193221 States Federal Protective Service;
32203222 (15) a current or former United States attorney or
32213223 assistant United States attorney and the spouse and child of the
32223224 attorney;
32233225 (16) a current or former employee of the office of the
32243226 attorney general who is or was assigned to a division of that office
32253227 the duties of which involve law enforcement;
32263228 (17) a medical examiner or person who performs
32273229 forensic analysis or testing who is employed by this state or one or
32283230 more political subdivisions of this state;
32293231 (18) a current or former member of the United States
32303232 armed forces who has served in an area that the president of the
32313233 United States by executive order designates for purposes of 26
32323234 U.S.C. Section 112 as an area in which armed forces of the United
32333235 States are or have engaged in combat;
32343236 (19) a current or former employee of the Texas
32353237 Juvenile Justice Department or of the predecessors in function of
32363238 the department;
32373239 (20) a current or former juvenile probation or
32383240 supervision officer certified by the Texas Juvenile Justice
32393241 Department, or the predecessors in function of the department,
32403242 under Title 12, Human Resources Code;
32413243 (21) a current or former employee of a juvenile
32423244 justice program or facility, as those terms are defined by Section
32433245 261.405, Family Code;
32443246 (22) a current or former employee of the Texas Civil
32453247 Commitment Office or the predecessor in function of the office or a
32463248 division of the office; [and]
32473249 (23) a current or former employee of a federal judge or
32483250 state judge;
32493251 (24) a current or former child protective services
32503252 caseworker, adult protective services caseworker, or investigator
32513253 for the Department of Family and Protective Services or a current or
32523254 former employee of a department contractor performing child
32533255 protective services caseworker, adult protective services
32543256 caseworker, or investigator functions for the contractor on behalf
32553257 of the department; [and]
32563258 (25) [(24)] a state officer elected statewide or a
32573259 member of the legislature; and
32583260 (26) [(24)] a firefighter or volunteer firefighter or
32593261 emergency medical services personnel as defined by Section 773.003,
32603262 Health and Safety Code.
32613263 SECTION 19.002. Section 26.08(n-1), Tax Code, is repealed
32623264 as executed.
32633265 SECTION 19.003. Section 151.461(5), Tax Code, as amended by
32643266 Chapters 1332 (H.B. 4542) and 1359 (H.B. 1545), Acts of the 86th
32653267 Legislature, Regular Session, 2019, is reenacted and amended to
32663268 read as follows:
32673269 (5) "Retailer" means a person required to hold:
32683270 (A) a wine and malt beverage retailer's permit
32693271 under Chapter 25, Alcoholic Beverage Code;
32703272 (B) a wine and malt beverage retailer's
32713273 off-premise permit under Chapter 26, Alcoholic Beverage Code;
32723274 (C) a nonprofit entity temporary event permit
32733275 under Chapter 30, Alcoholic Beverage Code;
32743276 (D) a mixed beverage permit under Chapter 28,
32753277 Alcoholic Beverage Code;
32763278 (E) a private club registration permit under
32773279 Chapter 32, Alcoholic Beverage Code;
32783280 (F) a certificate issued to a fraternal or
32793281 veterans organization under Section 32.11, Alcoholic Beverage
32803282 Code;
32813283 (G) a retail dealer's on-premise license under
32823284 Chapter 69, Alcoholic Beverage Code; [or]
32833285 (H) a retail dealer's off-premise license under
32843286 Chapter 71, Alcoholic Beverage Code, except for a dealer who also
32853287 holds a package store permit under Chapter 22, Alcoholic Beverage
32863288 Code; or
32873289 (I) [(M)] a brewpub license under Chapter 74,
32883290 Alcoholic Beverage Code.
32893291 SECTION 19.004. Section 312.210(b), Tax Code, is amended to
32903292 correct a reference to read as follows:
32913293 (b) A tax abatement agreement with the owner of real
32923294 property or tangible personal property that is located in the
32933295 reinvestment zone described by Subsection (a) and in a school
32943296 district that has a local revenue level that does not exceed the
32953297 level established under Section 48.257, Education Code, must exempt
32963298 from taxation:
32973299 (1) the portion of the value of the property in the
32983300 amount specified in the joint agreement among the municipality,
32993301 county, and junior college district; and
33003302 (2) an amount equal to 10 percent of the maximum
33013303 portion of the value of the property that may under Section
33023304 312.204(a) be otherwise exempted from taxation.
33033305 ARTICLE 20. CHANGES RELATING TO TRANSPORTATION CODE
33043306 SECTION 20.001. Section 56.001(3), Transportation Code, is
33053307 repealed to conform to Chapter 1310 (H.B. 3850), Acts of the 86th
33063308 Legislature, Regular Session, 2019.
33073309 SECTION 20.002. Section 66.016(c), Transportation Code, as
33083310 added by Chapter 1346 (S.B. 1915), Acts of the 86th Legislature,
33093311 Regular Session, 2019, is repealed as duplicative of Section
33103312 66.016(c), Transportation Code, as added by Chapter 1347 (S.B.
33113313 2223), Acts of the 86th Legislature, Regular Session, 2019.
33123314 SECTION 20.003. Section 501.0301(a)(1), Transportation
33133315 Code, is amended to conform to Chapter 1233 (H.B. 1548), Acts of the
33143316 86th Legislature, Regular Session, 2019, to read as follows:
33153317 (1) "Off-highway vehicle" means:
33163318 (A) an all-terrain vehicle or recreational
33173319 off-highway vehicle, as those terms are defined by Section 551A.001
33183320 [502.001];
33193321 (B) a motorcycle, as that term is defined by
33203322 Section 541.201, other than a motorcycle described by Section
33213323 521.001, that is designed by the manufacturer for off-highway use
33223324 only; or
33233325 (C) a utility vehicle, as that term is defined by
33243326 Section 551A.001 [663.001].
33253327 SECTION 20.004. Section 504.202(e-1), Transportation Code,
33263328 is amended to correct a reference to read as follows:
33273329 (e-1) Other than license plates issued under Subsection
33283330 (h), license plates issued under this section may include, on
33293331 request:
33303332 (1) the emblem of the veteran's branch of service; or
33313333 (2) one emblem from another license plate to which the
33323334 person is entitled under Section 504.308, 504.309, 504.310(b),
33333335 504.311, 504.312, 504.313, 504.3135, 504.314, 504.315, 504.316,
33343336 504.3161, 504.318, 504.319, 504.320, 504.323, [as added by Chapter
33353337 1085 (H.B. 3567), Acts of the 85th Legislature, Regular Session,
33363338 2017,] or 504.325.
33373339 SECTION 20.005. Section 504.3161, Transportation Code, as
33383340 amended by Chapters 651 (S.B. 1806) and 746 (H.B. 819), Acts of the
33393341 86th Legislature, Regular Session, 2019, is reenacted and amended
33403342 to read as follows:
33413343 Sec. 504.3161. MILITARY SPECIALTY LICENSE PLATES FOR
33423344 RECIPIENTS OF CERTAIN MILITARY CAMPAIGN AND SERVICE AWARDS. The
33433345 department shall issue specialty license plates for recipients of
33443346 the following military awards that include the name of the award:
33453347 (1) the Armed Forces Expeditionary Medal;
33463348 (2) the Armed Forces Service Medal;
33473349 (3) the Navy Expeditionary Medal;
33483350 (4) the Global War on Terrorism Expeditionary Medal;
33493351 (5) the Global War on Terrorism Service Medal;
33503352 (6) the Marine Corps Expeditionary Medal;
33513353 (7) the Merchant Marine Expeditionary Medal;
33523354 (8) the Kosovo Campaign Medal;
33533355 (9) the Inherent Resolve Campaign Medal; [and]
33543356 (10) the China Service Medal; and
33553357 (11) [(10)] the Nuclear Deterrence Operations Service
33563358 Medal.
33573359 SECTION 20.006. Section 542.304(a), Transportation Code,
33583360 as added by Chapter 1094 (H.B. 2048), Acts of the 86th Legislature,
33593361 Regular Session, 2019, is amended to conform to Section 4.40,
33603362 Chapter 1352 (S.B. 346), Acts of the 86th Legislature, Regular
33613363 Session, 2019, to read as follows:
33623364 (a) The department by rule shall designate the offenses
33633365 involving the operation of a motor vehicle that constitute a moving
33643366 violation of the traffic law for the purposes of:
33653367 (1) [Article 102.022(a), Code of Criminal Procedure;
33663368 [(2)] Section 1001.112(a-2), Education Code;
33673369 (2) [(3)] Section 411.110(f), Government Code; and
33683370 (3) [(4)] Sections 773.0614(b) and 773.06141(a),
33693371 Health and Safety Code.
33703372 SECTION 20.007. Section 551.107(a), Transportation Code,
33713373 is amended to conform to Chapter 1233 (H.B. 1548), Acts of the 86th
33723374 Legislature, Regular Session, 2019, to read as follows:
33733375 (a) Subtitles A, B, and D and Chapter 551A [663] do not apply
33743376 to the operation of an electric bicycle.
33753377 SECTION 20.008. Section 551A.001, Transportation Code, as
33763378 transferred and redesignated from Section 663.001, Transportation
33773379 Code, by Chapter 1233 (H.B. 1548), Acts of the 86th Legislature,
33783380 Regular Session, 2019, and amended by Chapters 595 (S.B. 616) and
33793381 1079 (H.B. 1755), Acts of the 86th Legislature, Regular Session,
33803382 2019, is reenacted and amended to read as follows:
33813383 Sec. 551A.001. DEFINITIONS. In this chapter:
33823384 (1) "All-terrain vehicle" means a motor vehicle that
33833385 is:
33843386 (A) equipped with a seat or seats for the use of:
33853387 (i) the rider; and
33863388 (ii) a passenger, if the motor vehicle is
33873389 designed by the manufacturer to transport a passenger;
33883390 (B) designed to propel itself with three or more
33893391 tires in contact with the ground;
33903392 (C) designed by the manufacturer for off-highway
33913393 use;
33923394 (D) not designed by the manufacturer primarily
33933395 for farming or lawn care; and
33943396 (E) not more than 50 inches wide.
33953397 (1-b) "Commission" means the Texas Commission of
33963398 Licensing and Regulation.
33973399 (1-c) "Department" means the Texas Department of
33983400 Licensing and Regulation.
33993401 (1-d) [(3)] "Off-highway vehicle" means:
34003402 (A) an all-terrain vehicle[,] or recreational
34013403 off-highway vehicle;
34023404 (B) a sand rail; or
34033405 (C) a utility vehicle.
34043406 (2) "Beach" means a beach area, publicly or privately
34053407 owned, that borders the seaward shore of the Gulf of Mexico.
34063408 (3) "Sand rail" means a vehicle, as defined by Section
34073409 502.001, that:
34083410 (A) is designed or built primarily for
34093411 off-highway use in sandy terrains, including for use on sand dunes;
34103412 (B) has a tubular frame, an integrated roll cage,
34113413 and an engine that is rear-mounted or placed midway between the
34123414 front and rear axles of the vehicle; and
34133415 (C) has a gross vehicle weight, as defined by
34143416 Section 541.401, of:
34153417 (i) not less than 700 pounds; and
34163418 (ii) not more than 2,000 pounds.
34173419 (4) "Public off-highway vehicle land" means land on
34183420 which off-highway recreation is authorized under Chapter 29, Parks
34193421 and Wildlife Code.
34203422 (5) "Recreational off-highway vehicle" means a motor
34213423 vehicle that is:
34223424 (A) equipped with a seat or seats for the use of:
34233425 (i) the rider; and
34243426 (ii) a passenger or passengers, if the
34253427 vehicle is designed by the manufacturer to transport a passenger or
34263428 passengers;
34273429 (B) designed to propel itself with four or more
34283430 tires in contact with the ground;
34293431 (C) designed by the manufacturer for off-highway
34303432 use by the operator only; and
34313433 (D) not designed by the manufacturer primarily
34323434 for farming or lawn care.
34333435 (6) "Utility vehicle" means a motor vehicle that is
34343436 not a golf cart, as defined by Section 551.401, or lawn mower and
34353437 is:
34363438 (A) equipped with side-by-side seating for the
34373439 use of the operator and a passenger;
34383440 (B) designed to propel itself with at least four
34393441 tires in contact with the ground;
34403442 (C) designed by the manufacturer for off-highway
34413443 use only; and
34423444 (D) designed by the manufacturer primarily for
34433445 utility work and not for recreational purposes.
34443446 SECTION 20.009. Section 644.101(b), Transportation Code,
34453447 as reenacted and amended by Chapters 102 (S.B. 636), 163 (H.B. 695),
34463448 169 (H.B. 917), and 467 (H.B. 4170), Acts of the 86th Legislature,
34473449 Regular Session, 2019, is reenacted and amended to read as follows:
34483450 (b) A police officer of any of the following municipalities
34493451 is eligible to apply for certification under this section:
34503452 (1) a municipality with a population of 50,000 or
34513453 more;
34523454 (2) a municipality with a population of 25,000 or more
34533455 any part of which is located in a county with a population of
34543456 500,000 or more;
34553457 (3) a municipality with a population of less than
34563458 25,000:
34573459 (A) any part of which is located in a county with
34583460 a population of 3.3 million; and
34593461 (B) that contains or is adjacent to an
34603462 international port;
34613463 (4) a municipality with a population of at least
34623464 34,000 that is located in a county that borders two or more states;
34633465 (5) a municipality any part of which is located in a
34643466 county bordering the United Mexican States;
34653467 (6) a municipality with a population of less than
34663468 5,000 that is located:
34673469 (A) adjacent to a bay connected to the Gulf of
34683470 Mexico; and
34693471 (B) in a county adjacent to a county with a
34703472 population greater than 3.3 million;
34713473 (7) a municipality that is located:
34723474 (A) within 25 miles of an international port; and
34733475 (B) in a county that does not contain a highway
34743476 that is part of the national system of interstate and defense
34753477 highways and is adjacent to a county with a population greater than
34763478 3.3 million;
34773479 (8) a municipality with a population of less than
34783480 8,500 that:
34793481 (A) is the county seat; and
34803482 (B) contains a highway that is part of the
34813483 national system of interstate and defense highways;
34823484 (9) a municipality located in a county with a
34833485 population between 60,000 and 66,000 adjacent to a bay connected to
34843486 the Gulf of Mexico;
34853487 (10) a municipality with a population of more than
34863488 40,000 and less than 50,000 that is located in a county with a
34873489 population of more than 285,000 and less than 300,000 that borders
34883490 the Gulf of Mexico;
34893491 (11) a municipality with a population between 18,000
34903492 and 18,500 that is located entirely in a county that:
34913493 (A) has a population of less than 200,000;
34923494 (B) is adjacent to two counties that each have a
34933495 population of more than 1.2 million; and
34943496 (C) contains two highways that are part of the
34953497 national system of interstate and defense highways; [or]
34963498 (12) a municipality with a population of more than
34973499 3,000 and less than 10,000 that:
34983500 (A) contains a highway that is part of the
34993501 national system of interstate and defense highways; and
35003502 (B) is located in a county with a population
35013503 between 150,000 and 155,000; [or]
35023504 (13) a municipality with a population of less than
35033505 75,000 that is located in three counties, at least one of which has
35043506 a population greater than 3.3 million;
35053507 (14) [(13)] a municipality with a population between
35063508 14,000 and 17,000 that:
35073509 (A) contains three or more numbered United States
35083510 highways; and
35093511 (B) is located in a county that is adjacent to a
35103512 county with a population of more than 200,000; or
35113513 (15) [(13)] a municipality with a population of less
35123514 than 50,000 that is located in:
35133515 (A) a county that generated $20 million or more
35143516 in tax revenue collected under Chapters 201 and 202, Tax Code, from
35153517 oil and gas production during the preceding state fiscal year; or
35163518 (B) a county that is adjacent to two or more
35173519 counties described by Paragraph (A).
35183520 SECTION 20.010. Section 644.101(c), Transportation Code,
35193521 as amended by Chapters 169 (H.B. 917) and 478 (H.B. 511), Acts of
35203522 the 86th Legislature, Regular Session, 2019, is reenacted and
35213523 amended to read as follows:
35223524 (c) A sheriff or a deputy sheriff of any of the following
35233525 counties is eligible to apply for certification under this section:
35243526 (1) a county bordering the United Mexican States;
35253527 (2) a county with a population of less than 1,000, part
35263528 of which is located within 75 miles of an international border; [or]
35273529 (3) [(2)] a county with a population of 700,000 or
35283530 more; or
35293531 (4) [(3)] a county with a population of 400,000 or
35303532 more that borders the county in which the State Capitol is located.
35313533 SECTION 20.011. Section 731.001(b), Transportation Code,
35323534 is amended to conform to Chapter 1233 (H.B. 1548), Acts of the 86th
35333535 Legislature, Regular Session, 2019, to read as follows:
35343536 (b) For purposes of Subsection (a)(4), the term "assembled
35353537 vehicle" does not include a golf cart, as defined by Section
35363538 551.401, or an off-highway vehicle, as defined by Section 551A.001
35373539 [663.001], regardless of whether the vehicle is built or assembled
35383540 by a hobbyist.
35393541 ARTICLE 21. REDESIGNATIONS
35403542 SECTION 21.001. The following provisions of enacted codes
35413543 are redesignated to eliminate duplicate citations or to relocate
35423544 misplaced provisions:
35433545 (1) Section 14.07, Alcoholic Beverage Code, as added
35443546 by Chapter 1359 (H.B. 1545), Acts of the 86th Legislature, Regular
35453547 Session, 2019, is redesignated as Section 14.071, Alcoholic
35463548 Beverage Code.
35473549 (2) Section 25.15, Alcoholic Beverage Code, as added
35483550 by Chapter 1359 (H.B. 1545), Acts of the 86th Legislature, Regular
35493551 Session, 2019, is redesignated as Section 25.16, Alcoholic Beverage
35503552 Code.
35513553 (3) Chapter 57, Alcoholic Beverage Code, as added by
35523554 Section 2(b), Chapter 1161 (H.B. 3222), Acts of the 86th
35533555 Legislature, Regular Session, 2019, is redesignated as Chapter 58,
35543556 Alcoholic Beverage Code, and Sections 57.001, 57.002, 57.003,
35553557 57.004, and 57.005, Alcoholic Beverage Code, as added by Section
35563558 2(b) of that Act, are redesignated as Sections 58.001, 58.002,
35573559 58.003, 58.004, and 58.005, Alcoholic Beverage Code, respectively.
35583560 (4) Section 14, Article 42.01, Code of Criminal
35593561 Procedure, as added by Chapter 641 (S.B. 1570), Acts of the 86th
35603562 Legislature, Regular Session, 2019, is redesignated as Section 15,
35613563 Article 42.01, Code of Criminal Procedure.
35623564 (5) Article 42A.515, Code of Criminal Procedure, as
35633565 added by Chapter 290 (H.B. 2502), Acts of the 86th Legislature,
35643566 Regular Session, 2019, is redesignated as Article 42A.516, Code of
35653567 Criminal Procedure.
35663568 (6) Subsection (l), Section 28.006, Education Code, as
35673569 added by Chapter 450 (S.B. 2075), Acts of the 86th Legislature,
35683570 Regular Session, 2019, is redesignated as Subsection (m), Section
35693571 28.006, Education Code.
35703572 (7) Subsection (g), Section 29.153, Education Code, as
35713573 added by Chapter 443 (S.B. 1679), Acts of the 86th Legislature,
35723574 Regular Session, 2019, is redesignated as Subsection (e-1), Section
35733575 29.153, Education Code.
35743576 (8) Section 38.033, Education Code, as added by
35753577 Chapter 1042 (H.B. 706), Acts of the 86th Legislature, Regular
35763578 Session, 2019, is redesignated as Section 38.034, Education Code.
35773579 (9) Subchapter F, Chapter 38, Education Code, as added
35783580 by Chapter 1278 (H.B. 906), Acts of the 86th Legislature, Regular
35793581 Session, 2019, is redesignated as Subchapter F-1, Chapter 38,
35803582 Education Code.
35813583 (10) Subsection (c-7), Section 39.023, Education
35823584 Code, as added by Chapter 1282 (H.B. 1244), Acts of the 86th
35833585 Legislature, Regular Session, 2019, is redesignated as Subsection
35843586 (c-9), Section 39.023, Education Code.
35853587 (11) Section 51.609, Government Code, as added by
35863588 Chapter 121 (H.B. 435), Acts of the 86th Legislature, Regular
35873589 Session, 2019, is redesignated as Section 51.610, Government Code.
35883590 (12) Section 72.034, Government Code, as added by
35893591 Chapter 743 (H.B. 770), Acts of the 86th Legislature, Regular
35903592 Session, 2019, is redesignated as Section 72.035, Government Code.
35913593 (13) Section 301.033, Government Code, as
35923594 transferred, redesignated, and amended by Chapter 1250 (H.B. 4181),
35933595 Acts of the 86th Legislature, Regular Session, 2019, is
35943596 redesignated as Section 301.034, Government Code.
35953597 (14) Subchapter Q, Chapter 411, Government Code, as
35963598 added by Chapter 220 (H.B. 833), Acts of the 86th Legislature,
35973599 Regular Session, 2019, is redesignated as Subchapter P-1,
35983600 Government Code, and Sections 411.461, 411.462, 411.463, 411.464,
35993601 411.465, 411.466, 411.467, 411.468, 411.469, 411.470, and 411.471,
36003602 Government Code, as added by that Act, are redesignated as Sections
36013603 411.4501, 411.4502, 411.4503, 411.4504, 411.4505, 411.4506,
36023604 411.4507, 411.4508, 411.4509, 411.4510, and 411.4511, Government
36033605 Code, respectively.
36043606 (15) Subchapter Q, Chapter 411, Government Code, as
36053607 added by Chapter 595 (S.B. 616), Acts of the 86th Legislature,
36063608 Regular Session, 2019, is redesignated as Subchapter Q-1, Chapter
36073609 411, Government Code.
36083610 (16) Section 418.054, Government Code, as added by
36093611 Chapter 945 (H.B. 7), Acts of the 86th Legislature, Regular
36103612 Session, 2019, is redesignated as Section 418.0544, Government
36113613 Code.
36123614 (17) Section 418.054, Government Code, as added by
36133615 Chapter 1065 (H.B. 1307), Acts of the 86th Legislature, Regular
36143616 Session, 2019, is redesignated as Section 418.0545, Government
36153617 Code.
36163618 (18) Sections 418.054 and 418.055, Government Code, as
36173619 added by Chapter 703 (H.B. 5), Acts of the 86th Legislature, Regular
36183620 Session, 2019, are redesignated as Sections 418.0542 and 418.0543,
36193621 Government Code, respectively.
36203622 (19) Sections 418.054 and 418.055, Government Code, as
36213623 added by Chapter 614 (S.B. 982), Acts of the 86th Legislature,
36223624 Regular Session, 2019, are redesignated as Sections 418.0546 and
36233625 418.0547, Government Code, respectively.
36243626 (20) Sections 418.054 and 418.055, Government Code, as
36253627 added by Chapter 285 (H.B. 2320), Acts of the 86th Legislature,
36263628 Regular Session, 2019, are redesignated as Sections 418.0548 and
36273629 418.0549, Government Code, respectively.
36283630 (21) Sections 418.054 and 418.055, Government Code, as
36293631 added by Chapter 1116 (H.B. 2325), Acts of the 86th Legislature,
36303632 Regular Session, 2019, are redesignated as Sections 418.0554 and
36313633 418.0555, Government Code, respectively.
36323634 (22) Sections 418.054 and 418.056, Government Code, as
36333635 added by Chapter 602 (S.B. 799), Acts of the 86th Legislature,
36343636 Regular Session, 2019, are redesignated as Sections 418.0552 and
36353637 418.0553, Government Code, respectively.
36363638 (23) Section 418.055, Government Code, as added by
36373639 Chapter 946 (S.B. 6), Acts of the 86th Legislature, Regular
36383640 Session, 2019, is redesignated as Section 418.0541, Government
36393641 Code.
36403642 (24) Section 418.056, Government Code, as added by
36413643 Chapter 286 (H.B. 2340), Acts of the 86th Legislature, Regular
36423644 Session, 2019, is redesignated as Section 418.0551, Government
36433645 Code.
36443646 (25) Section 418.127, Government Code, as added by
36453647 Chapter 1116 (H.B. 2325), Acts of the 86th Legislature, Regular
36463648 Session, 2019, is redesignated as Section 418.125, Government Code.
36473649 (26) Subchapter F-1, Chapter 418, Government Code, as
36483650 added by Chapter 614 (S.B. 982), Acts of the 86th Legislature,
36493651 Regular Session, 2019, is redesignated as Subchapter F-2, Chapter
36503652 418, Government Code, and Sections 418.131, 418.132, and 418.133,
36513653 Government Code, as added by that Act, are redesignated as Sections
36523654 418.141, 418.142, and 418.143, Government Code, respectively.
36533655 (27) Section 418.193, Government Code, as added by
36543656 Chapter 70 (S.B. 416), Acts of the 86th Legislature, Regular
36553657 Session, 2019, is redesignated as Section 418.195, Government Code.
36563658 (28) Section 420.035, Government Code, as added by
36573659 Chapter 297 (H.B. 3106), Acts of the 86th Legislature, Regular
36583660 Session, 2019, is redesignated as Section 420.036, Government Code.
36593661 (29) Chapter 424, Government Code, as added by Chapter
36603662 863 (H.B. 2945), Acts of the 86th Legislature, Regular Session,
36613663 2019, is redesignated as Chapter 425, Government Code, and Sections
36623664 424.001, 424.002, 424.003, 424.004, 424.005, 424.006, 424.007, and
36633665 424.008, Government Code, as added by that Act, are redesignated as
36643666 Sections 425.001, 425.002, 425.003, 425.004, 425.005, 425.006,
36653667 425.007, and 425.008, Government Code, respectively.
36663668 (30) Section 493.032, Government Code, as added by
36673669 Chapter 1163 (H.B. 3227), Acts of the 86th Legislature, Regular
36683670 Session, 2019, is redesignated as Section 493.033, Government Code.
36693671 (31) Section 501.026, Government Code, as added by
36703672 Chapter 1163 (H.B. 3227), Acts of the 86th Legislature, Regular
36713673 Session, 2019, is redesignated as Section 501.027, Government Code.
36723674 (32) Section 511.0104, Government Code, as added by
36733675 Chapter 891 (H.B. 3440), Acts of the 86th Legislature, Regular
36743676 Session, 2019, is redesignated as Section 511.0106, Government
36753677 Code.
36763678 (33) Subsections (f), (g), and (h), Section 533.00253,
36773679 Government Code, as added by Chapter 1330 (H.B. 4533), Acts of the
36783680 86th Legislature, Regular Session, 2019, are redesignated as
36793681 Subsections (l), (l-1), and (l-2), Section 533.00253, Government
36803682 Code, respectively.
36813683 (34) Subsection (g), Section 533.005, Government
36823684 Code, as added by Chapter 981 (S.B. 1177), Acts of the 86th
36833685 Legislature, Regular Session, 2019, is redesignated as Subsection
36843686 (h), Section 533.005, Government Code.
36853687 (35) Subdivision (7), Section 552.003, Government
36863688 Code, as added by Chapter 1216 (S.B. 943), Acts of the 86th
36873689 Legislature, Regular Session, 2019, is redesignated as Subdivision
36883690 (1-a), Section 552.003, Government Code.
36893691 (36) Section 552.159, Government Code, as added by
36903692 Chapter 300 (H.B. 3913), Acts of the 86th Legislature, Regular
36913693 Session, 2019, is redesignated as Section 552.161, Government Code.
36923694 (37) Section 552.159, Government Code, as added by
36933695 Chapter 1340 (S.B. 944), Acts of the 86th Legislature, Regular
36943696 Session, 2019, is redesignated as Section 552.162, Government Code.
36953697 (38) Section 552.233, Government Code, as added by
36963698 Chapter 462 (S.B. 494), Acts of the 86th Legislature, Regular
36973699 Session, 2019, is redesignated as Section 552.2325, Government
36983700 Code.
36993701 (39) Section 662.071, Government Code, as added by
37003702 Chapter 879 (H.B. 3084), Acts of the 86th Legislature, Regular
37013703 Session, 2019, is redesignated as Section 662.072, Government Code.
37023704 (40) Section 662.071, Government Code, as added by
37033705 Chapter 890 (H.B. 3435), Acts of the 86th Legislature, Regular
37043706 Session, 2019, is redesignated as Section 662.073, Government Code.
37053707 (41) Section 662.071, Government Code, as added by
37063708 Chapter 171 (H.B. 1064), Acts of the 86th Legislature, Regular
37073709 Session, 2019, is redesignated as Section 662.074, Government Code.
37083710 (42) Section 662.071, Government Code, as added by
37093711 Chapter 193 (H.B. 2298), Acts of the 86th Legislature, Regular
37103712 Session, 2019, is redesignated as Section 662.075, Government Code.
37113713 (43) Section 662.071, Government Code, as added by
37123714 Chapter 202 (H.B. 2597), Acts of the 86th Legislature, Regular
37133715 Session, 2019, is redesignated as Section 662.076, Government Code.
37143716 (44) Section 662.071, Government Code, as added by
37153717 Chapter 354 (H.B. 295), Acts of the 86th Legislature, Regular
37163718 Session, 2019, is redesignated as Section 662.077, Government Code.
37173719 (45) Section 662.071, Government Code, as added by
37183720 Chapter 421 (S.B. 430), Acts of the 86th Legislature, Regular
37193721 Session, 2019, is redesignated as Section 662.078, Government Code.
37203722 (46) Section 662.112, Government Code, as added by
37213723 Chapter 160 (H.B. 405), Acts of the 86th Legislature, Regular
37223724 Session, 2019, is redesignated as Section 662.113, Government Code.
37233725 (47) Subchapter E, Chapter 2051, Government Code, as
37243726 added by Chapter 1029 (H.B. 305), Acts of the 86th Legislature,
37253727 Regular Session, 2019, is redesignated as Subchapter F, Chapter
37263728 2051, Government Code, and Sections 2051.151 and 2051.152,
37273729 Government Code, as added by that Act, are redesignated as Sections
37283730 2051.201 and 2051.202, Government Code, respectively.
37293731 (48) Section 2054.069, Government Code, as added by
37303732 Chapter 604 (S.B. 819), Acts of the 86th Legislature, Regular
37313733 Session, 2019, is redesignated as Section 2054.0691, Government
37323734 Code.
37333735 (49) Section 2054.519, Government Code, as added by
37343736 Chapter 509 (S.B. 64), Acts of the 86th Legislature, Regular
37353737 Session, 2019, is redesignated as Section 2054.5181, Government
37363738 Code.
37373739 (50) Subsection (d), Section 2166.052, Government
37383740 Code, as added by Chapter 867 (H.B. 2977), Acts of the 86th
37393741 Legislature, Regular Session, 2019, is redesignated as Subsection
37403742 (c-1), Section 2166.052, Government Code.
37413743 (51) Section 2262.056, Government Code, as added by
37423744 Chapter 615 (S.B. 986), Acts of the 86th Legislature, Regular
37433745 Session, 2019, is redesignated as Section 2262.057, Government
37443746 Code.
37453747 (52) Chapter 2272, Government Code, as added by
37463748 Chapter 501 (S.B. 22), Acts of the 86th Legislature, Regular
37473749 Session, 2019, is redesignated as Chapter 2273, Government Code,
37483750 and Sections 2272.001, 2272.002, 2272.003, 2272.004, and 2272.005,
37493751 Government Code, as added by that Act, are redesignated as Sections
37503752 2273.001, 2273.002, 2273.003, 2273.004, and 2273.005, Government
37513753 Code, respectively.
37523754 (53) Chapter 50, Health and Safety Code, as added by
37533755 Chapter 1157 (H.B. 3147), Acts of the 86th Legislature, Regular
37543756 Session, 2019, is redesignated as Chapter 51, Health and Safety
37553757 Code, and Sections 50.0001, 50.0002, 50.0003, 50.0004, 50.0005,
37563758 50.0006, and 50.0007, Health and Safety Code, as added by that Act,
37573759 are redesignated as Sections 51.0001, 51.0002, 51.0003, 51.0004,
37583760 51.0005, 51.0006, and 51.0007, Health and Safety Code,
37593761 respectively.
37603762 (54) Chapter 50, Health and Safety Code, as added by
37613763 Chapter 889 (H.B. 3405), Acts of the 86th Legislature, Regular
37623764 Session, 2019, is redesignated as Chapter 52, Health and Safety
37633765 Code, and Sections 50.001, 50.002, 50.003, 50.004, 50.005, 50.006,
37643766 and 50.007, Health and Safety Code, as added by that Act, are
37653767 redesignated as Sections 52.0001, 52.0002, 52.0003, 52.0004,
37663768 52.0005, 52.0006, and 52.0007, Health and Safety Code,
37673769 respectively.
37683770 (55) Chapter 99, Health and Safety Code, as added by
37693771 Chapter 6 (S.B. 999), Acts of the 86th Legislature, Regular
37703772 Session, 2019, is redesignated as Chapter 99A, Health and Safety
37713773 Code, and Sections 99.001, 99.002, 99.003, 99.004, 99.005, and
37723774 99.006, Health and Safety Code, as added by that Act, are
37733775 redesignated as Sections 99A.001, 99A.002, 99A.003, 99A.004,
37743776 99A.005, and 99A.006, Health and Safety Code, respectively.
37753777 (56) Chapter 298C, Health and Safety Code, as added by
37763778 Chapter 454 (S.B. 2448), Acts of the 86th Legislature, Regular
37773779 Session, 2019, is redesignated as Chapter 298D, Health and Safety
37783780 Code, and Sections 298C.001, 298C.002, 298C.003, 298C.004,
37793781 298C.051, 298C.052, 298C.053, 298C.101, 298C.102, 298C.103,
37803782 298C.151, 298C.152, and 298C.153, Health and Safety Code, as added
37813783 by that Act, are redesignated as Sections 298D.001, 298D.002,
37823784 298D.003, 298D.004, 298D.051, 298D.052, 298D.053, 298D.101,
37833785 298D.102, 298D.103, 298D.151, 298D.152, and 298D.153, Health and
37843786 Safety Code, respectively.
37853787 (57) Subchapter K, Chapter 1001, Health and Safety
37863788 Code, as added by Chapter 1167 (H.B. 3285), Acts of the 86th
37873789 Legislature, Regular Session, 2019, is redesignated as Subchapter
37883790 L, Chapter 1001, Health and Safety Code, and Section 1001.261,
37893791 Health and Safety Code, as added by that Act, is redesignated as
37903792 Section 1001.281, Health and Safety Code.
37913793 (58) Subsection (e), Section 981.004, Insurance Code,
37923794 as added by Chapter 1089 (H.B. 1940), Acts of the 86th Legislature,
37933795 Regular Session, 2019, is redesignated as Subsection (f), Section
37943796 981.004, Insurance Code.
37953797 (59) Subchapter E, Chapter 1101, Insurance Code, as
37963798 added by Chapter 515 (S.B. 437), Acts of the 86th Legislature,
37973799 Regular Session, 2019, is redesignated as Subchapter F, Chapter
37983800 1101, Insurance Code, and Sections 1101.201, 1101.202, and
37993801 1101.203, Insurance Code, as added by that Act, are redesignated as
38003802 Sections 1101.251, 1101.252, and 1101.253, Insurance Code,
38013803 respectively.
38023804 (60) Section 250.009, Local Government Code, as added
38033805 by Chapter 1176 (H.B. 3371), Acts of the 86th Legislature, Regular
38043806 Session, 2019, is redesignated as Section 250.010, Local Government
38053807 Code.
38063808 (61) Section 53.0231, Occupations Code, as added by
38073809 Chapter 984 (S.B. 1217), Acts of the 86th Legislature, Regular
38083810 Session, 2019, is redesignated as Section 53.0232, Occupations
38093811 Code.
38103812 (62) Section 2302.009, Occupations Code, as added by
38113813 Chapter 1079 (H.B. 1755), Acts of the 86th Legislature, Regular
38123814 Session, 2019, is redesignated as Section 2302.010, Occupations
38133815 Code.
38143816 (63) Section 202.020, Property Code, as added by
38153817 Chapter 972 (S.B. 741), Acts of the 86th Legislature, Regular
38163818 Session, 2019, is redesignated as Section 202.021, Property Code.
38173819 (64) Chapter 7888, Special District Local Laws Code,
38183820 is transferred to Subtitle F, Title 6, Special District Local Laws
38193821 Code.
38203822 (65) Subsection (c), Section 41.41, Tax Code, as added
38213823 by Chapter 1284 (H.B. 1313), Acts of the 86th Legislature, Regular
38223824 Session, 2019, is redesignated as Subsection (d), Section 41.41,
38233825 Tax Code.
38243826 (66) Subsection (f), Section 41.47, Tax Code, as added
38253827 by Chapter 699 (S.B. 2531), Acts of the 86th Legislature, Regular
38263828 Session, 2019, is redesignated as Subsection (g-1), Section 41.47,
38273829 Tax Code.
38283830 (67) Subsection (q), Section 351.101, Tax Code, as
38293831 added by Chapter 351 (H.B. 3356), Acts of the 86th Legislature,
38303832 Regular Session, 2019, is redesignated as Subsection (p), Section
38313833 351.101, Tax Code.
38323834 (68) Section 225.152, Transportation Code, as added by
38333835 Chapter 184 (H.B. 1821), Acts of the 86th Legislature, Regular
38343836 Session, 2019, is redesignated as Section 225.153, Transportation
38353837 Code.
38363838 (69) Section 225.152, Transportation Code, as added by
38373839 Chapter 328 (S.B. 228), Acts of the 86th Legislature, Regular
38383840 Session, 2019, is redesignated as Section 225.154, Transportation
38393841 Code.
38403842 (70) Section 225.152, Transportation Code, as added by
38413843 Chapter 498 (H.B. 4727), Acts of the 86th Legislature, Regular
38423844 Session, 2019, is redesignated as Section 225.155, Transportation
38433845 Code.
38443846 (71) Section 225.152, Transportation Code, as added by
38453847 Chapter 522 (S.B. 575), Acts of the 86th Legislature, Regular
38463848 Session, 2019, is redesignated as Section 225.156, Transportation
38473849 Code.
38483850 (72) Section 225.152, Transportation Code, as added by
38493851 Chapter 624 (S.B. 1221), Acts of the 86th Legislature, Regular
38503852 Session, 2019, is redesignated as Section 225.157, Transportation
38513853 Code.
38523854 (73) Section 225.152, Transportation Code, as added by
38533855 Chapter 704 (H.B. 23), Acts of the 86th Legislature, Regular
38543856 Session, 2019, is redesignated as Section 225.158, Transportation
38553857 Code.
38563858 (74) Section 225.152, Transportation Code, as added by
38573859 Chapter 813 (H.B. 2331), Acts of the 86th Legislature, Regular
38583860 Session, 2019, is redesignated as Section 225.159, Transportation
38593861 Code.
38603862 (75) Section 225.152, Transportation Code, as added by
38613863 Chapter 827 (H.B. 2571), Acts of the 86th Legislature, Regular
38623864 Session, 2019, is redesignated as Section 225.160, Transportation
38633865 Code.
38643866 (76) Section 225.152, Transportation Code, as added by
38653867 Chapter 828 (H.B. 2577), Acts of the 86th Legislature, Regular
38663868 Session, 2019, is redesignated as Section 225.161, Transportation
38673869 Code.
38683870 (77) Section 225.152, Transportation Code, as added by
38693871 Chapter 893 (H.B. 3471), Acts of the 86th Legislature, Regular
38703872 Session, 2019, is redesignated as Section 225.162, Transportation
38713873 Code.
38723874 (78) Section 225.152, Transportation Code, as added by
38733875 Chapter 1035 (H.B. 519), Acts of the 86th Legislature, Regular
38743876 Session, 2019, is redesignated as Section 225.163, Transportation
38753877 Code.
38763878 (79) Section 225.152, Transportation Code, as added by
38773879 Chapter 1080 (H.B. 1810), Acts of the 86th Legislature, Regular
38783880 Session, 2019, is redesignated as Section 225.164, Transportation
38793881 Code.
38803882 (80) Section 225.152, Transportation Code, as added by
38813883 Chapter 1209 (H.B. 4762), Acts of the 86th Legislature, Regular
38823884 Session, 2019, is redesignated as Section 225.165, Transportation
38833885 Code.
38843886 (81) Section 225.152, Transportation Code, as added by
38853887 Chapter 7 (H.B. 540), Acts of the 86th Legislature, Regular
38863888 Session, 2019, is redesignated as Section 225.166, Transportation
38873889 Code.
38883890 (82) Section 225.152, Transportation Code, as added by
38893891 Chapter 71 (S.B. 497), Acts of the 86th Legislature, Regular
38903892 Session, 2019, is redesignated as Section 225.167, Transportation
38913893 Code.
38923894 (83) Section 225.152, Transportation Code, as added by
38933895 Chapter 79 (S.B. 1134), Acts of the 86th Legislature, Regular
38943896 Session, 2019, is redesignated as Section 225.168, Transportation
38953897 Code.
38963898 (84) Section 225.152, Transportation Code, as added by
38973899 Chapter 134 (H.B. 1837), Acts of the 86th Legislature, Regular
38983900 Session, 2019, is redesignated as Section 225.169, Transportation
38993901 Code.
39003902 (85) Section 225.152, Transportation Code, as added by
39013903 Chapter 135 (H.B. 1838), Acts of the 86th Legislature, Regular
39023904 Session, 2019, is redesignated as Section 225.170, Transportation
39033905 Code.
39043906 (86) Section 225.152, Transportation Code, as added by
39053907 Chapter 219 (H.B. 693), Acts of the 86th Legislature, Regular
39063908 Session, 2019, is redesignated as Section 225.171, Transportation
39073909 Code.
39083910 (87) Section 225.152, Transportation Code, as added by
39093911 Chapter 256 (H.B. 1039), Acts of the 86th Legislature, Regular
39103912 Session, 2019, is redesignated as Section 225.172, Transportation
39113913 Code.
39123914 (88) Section 225.152, Transportation Code, as added by
39133915 Chapter 258 (H.B. 1249), Acts of the 86th Legislature, Regular
39143916 Session, 2019, is redesignated as Section 225.173, Transportation
39153917 Code.
39163918 (89) Section 225.152, Transportation Code, as added by
39173919 Chapter 282 (H.B. 1779), Acts of the 86th Legislature, Regular
39183920 Session, 2019, is redesignated as Section 225.174, Transportation
39193921 Code.
39203922 (90) Section 225.152, Transportation Code, as added by
39213923 Chapter 287 (H.B. 2351), Acts of the 86th Legislature, Regular
39223924 Session, 2019, is redesignated as Section 225.175, Transportation
39233925 Code.
39243926 (91) Section 225.152, Transportation Code, as added by
39253927 Chapter 305 (H.B. 1856), Acts of the 86th Legislature, Regular
39263928 Session, 2019, is redesignated as Section 225.176, Transportation
39273929 Code.
39283930 (92) Section 225.152, Transportation Code, as added by
39293931 Chapter 306 (H.B. 1858), Acts of the 86th Legislature, Regular
39303932 Session, 2019, is redesignated as Section 225.177, Transportation
39313933 Code.
39323934 (93) Section 225.152, Transportation Code, as added by
39333935 Chapter 308 (H.B. 1969), Acts of the 86th Legislature, Regular
39343936 Session, 2019, is redesignated as Section 225.178, Transportation
39353937 Code.
39363938 (94) Section 225.152, Transportation Code, as added by
39373939 Chapter 317 (H.B. 2615), Acts of the 86th Legislature, Regular
39383940 Session, 2019, is redesignated as Section 225.179, Transportation
39393941 Code.
39403942 (95) Section 225.152, Transportation Code, as added by
39413943 Chapter 682 (S.B. 2156), Acts of the 86th Legislature, Regular
39423944 Session, 2019, is redesignated as Section 225.180, Transportation
39433945 Code.
39443946 (96) Section 225.152, Transportation Code, as added by
39453947 Chapter 718 (H.B. 310), Acts of the 86th Legislature, Regular
39463948 Session, 2019, is redesignated as Section 225.181, Transportation
39473949 Code.
39483950 (97) Section 225.152, Transportation Code, as added by
39493951 Chapter 735 (H.B. 635), Acts of the 86th Legislature, Regular
39503952 Session, 2019, is redesignated as Section 225.182, Transportation
39513953 Code.
39523954 (98) Section 225.152, Transportation Code, as added by
39533955 Chapter 750 (H.B. 884), Acts of the 86th Legislature, Regular
39543956 Session, 2019, is redesignated as Section 225.183, Transportation
39553957 Code.
39563958 (99) Section 225.152, Transportation Code, as added by
39573959 Chapter 853 (H.B. 2809), Acts of the 86th Legislature, Regular
39583960 Session, 2019, is redesignated as Section 225.184, Transportation
39593961 Code.
39603962 (100) Section 225.152, Transportation Code, as added
39613963 by Chapter 874 (H.B. 3029), Acts of the 86th Legislature, Regular
39623964 Session, 2019, is redesignated as Section 225.185, Transportation
39633965 Code.
39643966 (101) Section 225.152, Transportation Code, as added
39653967 by Chapter 905 (H.B. 3671), Acts of the 86th Legislature, Regular
39663968 Session, 2019, is redesignated as Section 225.186, Transportation
39673969 Code.
39683970 (102) Section 225.152, Transportation Code, as added
39693971 by Chapter 913 (H.B. 3780), Acts of the 86th Legislature, Regular
39703972 Session, 2019, is redesignated as Section 225.187, Transportation
39713973 Code.
39723974 (103) Section 225.152, Transportation Code, as added
39733975 by Chapter 920 (H.B. 4211), Acts of the 86th Legislature, Regular
39743976 Session, 2019, is redesignated as Section 225.188, Transportation
39753977 Code.
39763978 (104) Section 225.152, Transportation Code, as added
39773979 by Chapter 1103 (H.B. 2167), Acts of the 86th Legislature, Regular
39783980 Session, 2019, is redesignated as Section 225.189, Transportation
39793981 Code.
39803982 (105) Section 372.054, Transportation Code, as added
39813983 by Chapter 744 (H.B. 803), Acts of the 86th Legislature, Regular
39823984 Session, 2019, is redesignated as Section 372.0535, Transportation
39833985 Code.
39843986 (106) Chapter 473, Transportation Code, as added by
39853987 Chapter 382 (H.B. 2899), Acts of the 86th Legislature, Regular
39863988 Session, 2019, is redesignated as Chapter 474, Transportation Code,
39873989 and Sections 473.001, 473.002, 473.003, and 473.004,
39883990 Transportation Code, as added by that Act, are redesignated as
39893991 Sections 474.001, 474.002, 474.003, and 474.004, Transportation
39903992 Code, respectively.
39913993 (107) Section 504.325, Transportation Code, as added
39923994 by Chapter 128 (H.B. 1656), Acts of the 86th Legislature, Regular
39933995 Session, 2019, is redesignated as Section 504.326, Transportation
39943996 Code.
39953997 (108) Section 504.671, Transportation Code, as added
39963998 by Chapter 480 (H.B. 1130), Acts of the 86th Legislature, Regular
39973999 Session, 2019, is redesignated as Section 504.672, Transportation
39984000 Code.
39994001 (109) Section 504.671, Transportation Code, as added
40004002 by Chapter 888 (H.B. 3394), Acts of the 86th Legislature, Regular
40014003 Session, 2019, is redesignated as Section 504.673, Transportation
40024004 Code.
40034005 (110) Section 504.671, Transportation Code, as added
40044006 by Chapter 989 (S.B. 1271), Acts of the 86th Legislature, Regular
40054007 Session, 2019, is redesignated as Section 504.674, Transportation
40064008 Code.
40074009 (111) Section 36.213, Utilities Code, as added by
40084010 Chapter 1067 (H.B. 1397), Acts of the 86th Legislature, Regular
40094011 Session, 2019, is redesignated as Section 36.214, Utilities Code.
40104012 SECTION 21.002. The following changes are made to conform
40114013 the provisions amended to the redesignating changes made by Section
40124014 21.001 of this Act and to correct cross-references:
40134015 (1) Section 607.001(1), Business & Commerce Code, is
40144016 amended to read as follows:
40154017 (1) "Center" means the payment fraud fusion center
40164018 established under Chapter 425 [424], Government Code.
40174019 (2) Subsection (a), Section 411.4507, Government
40184020 Code, as redesignated from Subsection (a), Section 411.467,
40194021 Government Code, by Section 21.001 of this Act, is amended to read
40204022 as follows:
40214023 (a) When a law enforcement agency notifies the department
40224024 under Section 411.4506 [411.466], the department shall confirm the
40234025 accuracy of the information and, if confirmed, immediately issue an
40244026 alert under this subchapter in accordance with department rules.
40254027 (3) Section 411.4508, Government Code, as
40264028 redesignated from Section 411.468, Government Code, by Section
40274029 21.001 of this Act, is amended to read as follows:
40284030 Sec. 411.4508 [411.468]. CONTENT OF CAMO ALERT. The alert
40294031 must include:
40304032 (1) all appropriate information that is provided by
40314033 the law enforcement agency under Section 411.4506 [411.466] and
40324034 that may lead to the safe recovery of the missing military member;
40334035 and
40344036 (2) a statement instructing any person with
40354037 information related to the missing military member to contact a law
40364038 enforcement agency.
40374039 (4) Section 411.4510, Government Code, as
40384040 redesignated from Section 411.470, Government Code, by Section
40394041 21.001 of this Act, is amended to read as follows:
40404042 Sec. 411.4510 [411.470]. LIMITATION ON PARTICIPATION BY
40414043 TEXAS DEPARTMENT OF TRANSPORTATION. Notwithstanding Section
40424044 411.4505(b) [411.465(b)], the Texas Department of Transportation
40434045 is not required to use any existing system of dynamic message signs
40444046 in a statewide alert system created under this subchapter if the
40454047 department receives notice from the United States Department of
40464048 Transportation Federal Highway Administration that the use of the
40474049 signs would result in the loss of federal highway funding or other
40484050 punitive actions taken against this state due to noncompliance with
40494051 federal laws, regulations, or policies.
40504052 (5) Subdivision (2), Section 418.141, Government
40514053 Code, as redesignated from Subdivision (2), Section 418.131,
40524054 Government Code, by Section 21.001 of this Act, is amended to read
40534055 as follows:
40544056 (2) "Task force" means the task force established
40554057 under Section 418.142 [418.132].
40564058 (6) Subsections (l-1) and (l-2), Section 533.00253,
40574059 Government Code, as redesignated from Subsections (g) and (h),
40584060 Section 533.00253, Government Code, by Section 21.001 of this Act,
40594061 are amended to read as follows:
40604062 (l-1) [(g)] Not later than December 1, 2022, the commission
40614063 shall prepare and submit a written report to the legislature of the
40624064 executive commissioner's determination under Subsection (l) [(f)].
40634065 (l-2) [(h)] Subsections (l) [(f)] and (l-1) [(g)] and this
40644066 subsection expire September 1, 2023.
40654067 (7) Section 2051.201, Government Code, as
40664068 redesignated from Section 2051.151, Government Code, by Section
40674069 21.001 of this Act, is amended to read as follows:
40684070 Sec. 2051.201 [2051.151]. APPLICABILITY OF SUBCHAPTER.
40694071 Except as provided by Section 2051.202(b) [2051.152(b)], this
40704072 subchapter applies only to a political subdivision with the
40714073 authority to impose a tax that at any time on or after January 1,
40724074 2019, maintained a publicly accessible Internet website.
40734075 (8) Subsection (a), Section 2273.004, Government
40744076 Code, as redesignated from Subsection (a), Section 2272.004,
40754077 Government Code, by Section 21.001 of this Act, is amended to read
40764078 as follows:
40774079 (a) The attorney general may bring an action in the name of
40784080 the state to enjoin a violation of Section 2273.003 [2272.003]. The
40794081 attorney general may recover reasonable attorney's fees and costs
40804082 incurred in bringing an action under this subsection.
40814083 (9) Subsection (a), Section 51.0003, Health and Safety
40824084 Code, as redesignated from Subsection (a), Section 50.0003, Health
40834085 and Safety Code, by Section 21.001 of this Act, is amended to read
40844086 as follows:
40854087 (a) The program:
40864088 (1) must collaborate with physicians and health care
40874089 providers to notify a prospective subject about the program when:
40884090 (A) the prospective subject provides informed
40894091 consent for a cancer clinical trial; or
40904092 (B) funding is available to provide the program
40914093 for the cancer clinical trial in which the prospective subject
40924094 participates;
40934095 (2) must reimburse subjects based on financial need,
40944096 which may include reimbursement to subjects whose income is at or
40954097 below 700 percent of the federal poverty level;
40964098 (3) must provide reimbursement for ancillary costs,
40974099 including costs described by Section 51.0002 [50.0002], to
40984100 eliminate the financial barriers to enrollment in a clinical trial;
40994101 (4) may provide reimbursement for reasonable
41004102 ancillary costs, including costs described by Section 51.0002
41014103 [50.0002], to one family member, friend, or other person who
41024104 attends a cancer clinical trial to support a subject; and
41034105 (5) must comply with applicable federal and state
41044106 laws.
41054107 (10) Subsections (a) and (c), Section 99A.002, Health
41064108 and Safety Code, as redesignated from Subsections (a) and (c),
41074109 Section 99.002, Health and Safety Code, by Section 21.001 of this
41084110 Act, are amended to read as follows:
41094111 (a) In developing the state plan under Section 99A.001
41104112 [99.001], the department shall seek comments from interested
41114113 parties, including:
41124114 (1) members of the public with, or who care for persons
41134115 with, Alzheimer's disease or related disorders;
41144116 (2) each state agency that provides services to
41154117 persons with Alzheimer's disease or related disorders;
41164118 (3) any advisory body that addresses issues related to
41174119 Alzheimer's disease or related disorders;
41184120 (4) public advocates concerned with issues related to
41194121 Alzheimer's disease or related disorders;
41204122 (5) physicians and health care providers licensed in
41214123 this state who have clinical training and experience in caring for
41224124 persons with Alzheimer's disease or related disorders; and
41234125 (6) researchers of issues affecting persons with
41244126 Alzheimer's disease or related disorders.
41254127 (c) The department shall meet with interested parties at
41264128 least two times each year to:
41274129 (1) facilitate comments on and discuss the progress of
41284130 developing and implementing the state plan developed under this
41294131 chapter; and
41304132 (2) gather information for the report required under
41314133 Section 99A.004 [99.004].
41324134 (11) Section 99A.006, Health and Safety Code, as
41334135 redesignated from Section 99.006, Health and Safety Code, by
41344136 Section 21.001 of this Act, is amended to read as follows:
41354137 Sec. 99A.006 [99.006]. NO CAUSE OF ACTION, DUTY, STANDARD
41364138 OF CARE, OR LIABILITY CREATED. Notwithstanding any other law,
41374139 Section 99A.001 [99.001], including the use of or failure to use any
41384140 information or materials developed or disseminated under that
41394141 section, does not create a civil, criminal, or administrative cause
41404142 of action or liability or create a standard of care, obligation, or
41414143 duty that provides a basis for a cause of action.
41424144 (12) Section 102.203(b), Health and Safety Code, is
41434145 amended to read as follows:
41444146 (b) Except as otherwise provided by this section, money
41454147 awarded under this subchapter may be used for authorized expenses,
41464148 including honoraria, salaries and benefits, travel, conference
41474149 fees and expenses, consumable supplies, other operating expenses,
41484150 contracted research and development, capital equipment,
41494151 construction or renovation of state or private facilities, and
41504152 reimbursement for costs of participation incurred by cancer
41514153 clinical trial participants, including transportation, lodging,
41524154 and any costs reimbursed under the cancer clinical trial
41534155 participation program established under Chapter 51 [50].
41544156 (13) Subsection (c), Section 298D.101, Health and
41554157 Safety Code, as redesignated from Subsection (c), Section 298C.101,
41564158 Health and Safety Code, by Section 21.001 of this Act, is amended to
41574159 read as follows:
41584160 (c) The board's determination of the amount of mandatory
41594161 payments to be collected during the year must be shown to be based
41604162 on reasonable estimates of the amount of revenue necessary to fund
41614163 intergovernmental transfers from the district to the state
41624164 providing the nonfederal share of payments described by Section
41634165 298D.103(b)(1) [298C.103(b)(1)] that is otherwise unfunded.
41644166 (14) Subsections (a) and (b), Section 298D.103, Health
41654167 and Safety Code, as redesignated from Subsections (a) and (b),
41664168 Section 298C.103, Health and Safety Code, by Section 21.001 of this
41674169 Act, are amended to read as follows:
41684170 (a) The local provider participation fund established under
41694171 Section 298D.102 [298C.102] consists of:
41704172 (1) all mandatory payments authorized under this
41714173 chapter and received by the district;
41724174 (2) money received from the Health and Human Services
41734175 Commission as a refund of an intergovernmental transfer from the
41744176 district to the state as the nonfederal share of Medicaid
41754177 supplemental payment program payments, provided that the
41764178 intergovernmental transfer does not receive a federal matching
41774179 payment; and
41784180 (3) the earnings of the fund.
41794181 (b) Money deposited to the local provider participation
41804182 fund may be used only to:
41814183 (1) fund intergovernmental transfers from the
41824184 district to the state to provide the nonfederal share of Medicaid
41834185 payments for:
41844186 (A) uncompensated care and delivery system
41854187 reform incentive payments to nonpublic hospitals, if those payments
41864188 are authorized under the Texas Healthcare Transformation and
41874189 Quality Improvement Program waiver issued under Section 1115 of the
41884190 federal Social Security Act (42 U.S.C. Section 1315);
41894191 (B) uniform rate enhancements for nonpublic
41904192 hospitals in the Medicaid managed care service area in which the
41914193 district is located;
41924194 (C) payments available to nonpublic hospitals
41934195 under another waiver program authorizing payments that are
41944196 substantially similar to Medicaid payments to nonpublic hospitals
41954197 described by Paragraph (A) or (B); or
41964198 (D) any reimbursement to nonpublic hospitals for
41974199 which federal matching funds are available;
41984200 (2) subject to Section 298D.151(d) [298C.151(d)], pay
41994201 the administrative expenses of the district in administering the
42004202 program, including collateralization of deposits;
42014203 (3) refund a portion of a mandatory payment collected
42024204 in error from a paying hospital; and
42034205 (4) refund to paying hospitals a proportionate share
42044206 of the money that the district:
42054207 (A) receives from the Health and Human Services
42064208 Commission that is not used to fund the nonfederal share of Medicaid
42074209 supplemental payment program payments described by Subdivision
42084210 (1); or
42094211 (B) determines cannot be used to fund the
42104212 nonfederal share of Medicaid supplemental payment program payments
42114213 described by Subdivision (1).
42124214 (15) Subsection (d), Section 298D.151, Health and
42134215 Safety Code, as redesignated from Subsection (d), Section 298C.151,
42144216 Health and Safety Code, by Section 21.001 of this Act, is amended to
42154217 read as follows:
42164218 (d) Subject to the maximum amount prescribed by Subsection
42174219 (c) and this subsection, the board shall set the mandatory payments
42184220 in amounts that in the aggregate will generate sufficient revenue
42194221 to cover the administrative expenses of the district for activities
42204222 under this chapter, fund an intergovernmental transfer described by
42214223 Section 298D.103(b)(1) [298C.103(b)(1)], or make other payments
42224224 authorized under this chapter. The amount of the mandatory
42234225 payments must be based on reasonable estimates of the amount of
42244226 revenue necessary to cover the administrative expenses,
42254227 intergovernmental transfers, and other payments described by this
42264228 subsection as authorized under this chapter. The amount of revenue
42274229 from mandatory payments that may be used for administrative
42284230 expenses by the district in a year may not exceed $25,000, plus the
42294231 cost of collateralization of deposits. If the board demonstrates
42304232 to the paying hospitals that the costs of administering the program
42314233 under this chapter, excluding those costs associated with the
42324234 collateralization of deposits, exceed $25,000 in any year, on
42334235 consent of all of the paying hospitals, the district may use
42344236 additional revenue from mandatory payments received under this
42354237 chapter to compensate the district for its administrative expenses.
42364238 A paying hospital may not unreasonably withhold consent to
42374239 compensate the district for administrative expenses.
42384240 (16) Section 643.002, Transportation Code, as
42394241 effective September 1, 2021, is amended to read as follows:
42404242 Sec. 643.002. EXEMPTIONS. This chapter does not apply to:
42414243 (1) motor carrier operations exempt from registration
42424244 by the Unified Carrier Registration Act of 2005 (49 U.S.C. Section
42434245 14504a) or a motor vehicle registered under the single state
42444246 registration system established under 49 U.S.C. Section 14504(c)
42454247 when operating exclusively in interstate or international
42464248 commerce;
42474249 (2) a motor vehicle registered as a cotton vehicle
42484250 under Section 504.505;
42494251 (3) a motor vehicle the department by rule exempts
42504252 because the vehicle is subject to comparable registration and a
42514253 comparable safety program administered by another governmental
42524254 entity;
42534255 (4) a motor vehicle used to transport passengers
42544256 operated by an entity whose primary function is not the
42554257 transportation of passengers, such as a vehicle operated by a
42564258 hotel, day-care center, public or private school, nursing home, or
42574259 similar organization;
42584260 (5) a vehicle operating under:
42594261 (A) Section 14.071 [14.07], Alcoholic Beverage
42604262 Code;
42614263 (B) Section 16.10, Alcoholic Beverage Code;
42624264 (C) Section 19.06, Alcoholic Beverage Code; or
42634265 (D) Section 20.04, Alcoholic Beverage Code;
42644266 (6) a vehicle operated by a governmental entity; or
42654267 (7) a tow truck, as defined by Section 2308.002,
42664268 Occupations Code.
42674269 ARTICLE 22. EFFECTIVE DATE
42684270 SECTION 22.001. Except as otherwise provided by this Act,
42694271 this Act takes effect September 1, 2021.
4270- ______________________________ ______________________________
4271- President of the Senate Speaker of the House
4272- I certify that H.B. No. 3607 was passed by the House on May 8,
4273- 2021, by the following vote: Yeas 138, Nays 1, 2 present, not
4274- voting.
4275- ______________________________
4276- Chief Clerk of the House
4277- I certify that H.B. No. 3607 was passed by the Senate on May
4278- 27, 2021, by the following vote: Yeas 31, Nays 0.
4279- ______________________________
4280- Secretary of the Senate
4281- APPROVED: _____________________
4282- Date
4283- _____________________
4284- Governor