4 | 6 | | AN ACT |
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5 | 7 | | relating to nonsubstantive additions to, revisions of, and |
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6 | 8 | | corrections in enacted codes, to the nonsubstantive codification or |
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7 | 9 | | disposition of various laws omitted from enacted codes, and to |
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8 | 10 | | conforming codifications enacted by the 86th Legislature to other |
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9 | 11 | | Acts of that legislature. |
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10 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 13 | | ARTICLE 1. GENERAL PROVISIONS |
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12 | 14 | | SECTION 1.001. This Act is enacted as part of the state's |
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13 | 15 | | continuing statutory revision program under Chapter 323, |
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14 | 16 | | Government Code. This Act is a revision for purposes of Section 43, |
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15 | 17 | | Article III, Texas Constitution, and has the purposes of: |
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16 | 18 | | (1) codifying without substantive change or providing |
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17 | 19 | | for other appropriate disposition of various statutes that were |
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18 | 20 | | omitted from enacted codes; |
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19 | 21 | | (2) conforming codifications enacted by the 86th |
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20 | 22 | | Legislature to other Acts of that legislature that amended the laws |
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21 | 23 | | codified or added new law to subject matter codified; |
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22 | 24 | | (3) revising without substantive change provisions in |
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23 | 25 | | enacted codes; |
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24 | 26 | | (4) making necessary corrections to enacted codes; and |
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25 | 27 | | (5) renumbering or otherwise redesignating titles, |
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26 | 28 | | chapters, and sections of codes that duplicate title, chapter, or |
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27 | 29 | | section designations. |
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28 | 30 | | SECTION 1.002. (a) The repeal of a statute by this Act does |
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29 | 31 | | not affect an amendment, revision, or reenactment of the statute by |
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30 | 32 | | the 87th Legislature, Regular Session, 2021. The amendment, |
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31 | 33 | | revision, or reenactment is preserved and given effect as part of |
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32 | 34 | | the code provision that revised the statute so amended, revised, or |
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33 | 35 | | reenacted. |
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34 | 36 | | (b) If any provision of this Act conflicts with a statute |
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35 | 37 | | enacted by the 87th Legislature, Regular Session, 2021, the statute |
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36 | 38 | | controls. |
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37 | 39 | | SECTION 1.003. (a) A transition or saving provision of a |
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38 | 40 | | law codified by this Act applies to the codified law to the same |
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39 | 41 | | extent as it applied to the original law. |
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40 | 42 | | (b) The repeal of a transition or saving provision by this |
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41 | 43 | | Act does not affect the application of the provision to the codified |
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42 | 44 | | law. |
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43 | 45 | | (c) In this section, "transition provision" includes any |
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44 | 46 | | temporary provision providing for a special situation in the |
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45 | 47 | | transition period between the existing law and the establishment or |
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46 | 48 | | implementation of the new law. |
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47 | 49 | | SECTION 1.004. (a) The repeal of a law, including a |
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48 | 50 | | validating law, by this Act does not remove, void, or otherwise |
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49 | 51 | | affect in any manner a validation under the repealed law. The |
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50 | 52 | | validation is preserved and continues to have the same effect that |
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51 | 53 | | it would have if the law were not repealed. |
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52 | 54 | | (b) Subsection (a) of this section does not diminish the |
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53 | 55 | | saving provisions prescribed by Section 311.031, Government Code. |
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54 | 56 | | ARTICLE 2. CHANGES RELATING TO ALCOHOLIC BEVERAGE CODE |
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55 | 57 | | SECTION 2.001. (a) Section 48.01, Alcoholic Beverage Code, |
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56 | 58 | | as amended by Chapters 230 (H.B. 2196) and 1359 (H.B. 1545), Acts of |
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57 | 59 | | the 86th Legislature, Regular Session, 2019, is reenacted to read |
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58 | 60 | | as follows: |
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59 | 61 | | Sec. 48.01. AUTHORIZED ACTIVITIES. A passenger |
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60 | 62 | | transportation permit authorizes the permit holder to sell or serve |
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61 | 63 | | the types of alcoholic beverages specifically authorized by this |
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62 | 64 | | chapter. |
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63 | 65 | | (b) Section 48.04, Alcoholic Beverage Code, as effective |
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64 | 66 | | September 1, 2021, is amended to conform to Chapter 230 (H.B. 2196), |
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65 | 67 | | Acts of the 86th Legislature, Regular Session, 2019, by adding |
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66 | 68 | | Subsection (e) to read as follows: |
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67 | 69 | | (e) This subsection applies only to a passenger train |
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68 | 70 | | operated by or on behalf of the Texas State Railroad Authority. An |
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69 | 71 | | alcoholic beverage purchased by a consumer on a passenger train for |
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70 | 72 | | present consumption may be removed from the train for consumption |
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71 | 73 | | on property that is part of a public entertainment facility owned or |
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72 | 74 | | leased by the Texas State Railroad Authority. An alcoholic |
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73 | 75 | | beverage in an open container purchased by a consumer on property |
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74 | 76 | | that is part of a public entertainment facility owned or leased by |
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75 | 77 | | the Texas State Railroad Authority may be consumed on a passenger |
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76 | 78 | | train. |
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77 | 79 | | (c) Section 108.82(b), Alcoholic Beverage Code, as amended |
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78 | 80 | | by Chapter 230 (H.B. 2196), Acts of the 86th Legislature, Regular |
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79 | 81 | | Session, 2019, is amended to read as follows: |
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80 | 82 | | (b) Notwithstanding Section 28.10, the concessionaire for a |
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81 | 83 | | public entertainment facility described by Subsection (a) may allow |
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82 | 84 | | a patron who possesses an alcoholic beverage to enter or leave a |
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83 | 85 | | licensed or permitted premises within the facility if the alcoholic |
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84 | 86 | | beverage: |
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85 | 87 | | (1) is in an open container, as defined by Section |
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86 | 88 | | 49.031, Penal Code; |
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87 | 89 | | (2) appears to be possessed for present consumption; |
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88 | 90 | | (3) except as provided by Section 48.04(e) [48.01(b)], |
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89 | 91 | | remains within the confines of the facility, excluding a parking |
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90 | 92 | | lot; and |
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91 | 93 | | (4) was purchased legally at a licensed or permitted |
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92 | 94 | | premises within the facility. |
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93 | 95 | | SECTION 2.002. Subsection (h), Section 74.01, Alcoholic |
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94 | 96 | | Beverage Code, as added by Chapter 434 (S.B. 1232), Acts of the 86th |
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95 | 97 | | Legislature, Regular Session, 2019, is redesignated as Subsection |
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96 | 98 | | (f), Section 74.01, Alcoholic Beverage Code, and amended to conform |
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97 | 99 | | to Chapter 1359 (H.B. 1545), Acts of the 86th Legislature, Regular |
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98 | 100 | | Session, 2019, to read as follows: |
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99 | 101 | | (f) [(h)] This section does not authorize the holder of a |
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100 | 102 | | brewpub license who also holds a wine and malt beverage [beer] |
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101 | 103 | | retailer's permit to deliver alcoholic beverages directly to |
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102 | 104 | | ultimate consumers for off-premise consumption at a location other |
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103 | 105 | | than the licensed premises. |
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104 | 106 | | ARTICLE 3. CHANGES RELATING TO CIVIL PRACTICE AND REMEDIES CODE |
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105 | 107 | | SECTION 3.001. Section 27.010(a), Civil Practice and |
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106 | 108 | | Remedies Code, is amended to conform to Chapter 469 (H.B. 4173), |
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107 | 109 | | Acts of the 86th Legislature, Regular Session, 2019, to read as |
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108 | 110 | | follows: |
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109 | 111 | | (a) This chapter does not apply to: |
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110 | 112 | | (1) an enforcement action that is brought in the name |
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111 | 113 | | of this state or a political subdivision of this state by the |
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112 | 114 | | attorney general, a district attorney, a criminal district |
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113 | 115 | | attorney, or a county attorney; |
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114 | 116 | | (2) a legal action brought against a person primarily |
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115 | 117 | | engaged in the business of selling or leasing goods or services, if |
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116 | 118 | | the statement or conduct arises out of the sale or lease of goods, |
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117 | 119 | | services, or an insurance product, insurance services, or a |
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118 | 120 | | commercial transaction in which the intended audience is an actual |
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119 | 121 | | or potential buyer or customer; |
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120 | 122 | | (3) a legal action seeking recovery for bodily injury, |
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121 | 123 | | wrongful death, or survival or to statements made regarding that |
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122 | 124 | | legal action; |
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123 | 125 | | (4) a legal action brought under the Insurance Code or |
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124 | 126 | | arising out of an insurance contract; |
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125 | 127 | | (5) a legal action arising from an officer-director, |
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126 | 128 | | employee-employer, or independent contractor relationship that: |
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127 | 129 | | (A) seeks recovery for misappropriation of trade |
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128 | 130 | | secrets or corporate opportunities; or |
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129 | 131 | | (B) seeks to enforce a non-disparagement |
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130 | 132 | | agreement or a covenant not to compete; |
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131 | 133 | | (6) a legal action filed under Title 1, 2, 4, or 5, |
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132 | 134 | | Family Code, or an application for a protective order under |
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133 | 135 | | Subchapter A, Chapter 7B [7A], Code of Criminal Procedure; |
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134 | 136 | | (7) a legal action brought under Chapter 17, Business & |
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135 | 137 | | Commerce Code, other than an action governed by Section 17.49(a) |
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136 | 138 | | of that chapter; |
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137 | 139 | | (8) a legal action in which a moving party raises a |
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138 | 140 | | defense pursuant to Section 160.010, Occupations Code, Section |
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139 | 141 | | 161.033, Health and Safety Code, or the Health Care Quality |
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140 | 142 | | Improvement Act of 1986 (42 U.S.C. 11101 et seq.); |
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141 | 143 | | (9) an eviction suit brought under Chapter 24, |
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142 | 144 | | Property Code; |
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143 | 145 | | (10) a disciplinary action or disciplinary proceeding |
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144 | 146 | | brought under Chapter 81, Government Code, or the Texas Rules of |
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145 | 147 | | Disciplinary Procedure; |
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146 | 148 | | (11) a legal action brought under Chapter 554, |
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147 | 149 | | Government Code; or |
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148 | 150 | | (12) a legal action based on a common law fraud claim. |
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149 | 151 | | SECTION 3.002. Section 144.010, Civil Practice and Remedies |
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150 | 152 | | Code, is repealed as executed. |
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151 | 153 | | ARTICLE 4. CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE |
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152 | 154 | | SECTION 4.001. Article 2.26(c), Code of Criminal Procedure, |
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153 | 155 | | is amended to correct a reference to read as follows: |
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154 | 156 | | (c) This section does not preclude any symbol from being |
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155 | 157 | | valid as a signature under other applicable law, including Section |
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156 | 158 | | 1.201(b)(37) [1.201(39)], Business & Commerce Code. |
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157 | 159 | | SECTION 4.002. (a) The heading to Subchapter A, Chapter 7B, |
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158 | 160 | | Code of Criminal Procedure, is amended to conform to Chapter 955 |
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159 | 161 | | (S.B. 194), Acts of the 86th Legislature, Regular Session, 2019, to |
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160 | 162 | | read as follows: |
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161 | 163 | | SUBCHAPTER A. PROTECTIVE ORDER FOR VICTIMS OF SEXUAL ASSAULT OR |
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162 | 164 | | ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING |
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163 | 165 | | (b) Article 7B.001, Code of Criminal Procedure, is amended |
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164 | 166 | | to conform to Chapters 955 (S.B. 194) and 1066 (H.B. 1343), Acts of |
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165 | 167 | | the 86th Legislature, Regular Session, 2019, by amending Subsection |
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166 | 168 | | (a) and adding Subsections (a-1) and (a-2) to read as follows: |
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167 | 169 | | (a) The following persons may file an application for a |
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168 | 170 | | protective order under this subchapter without regard to the |
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169 | 171 | | relationship between the applicant and the alleged offender: |
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170 | 172 | | (1) a person who is the victim of an offense under |
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171 | 173 | | Section 21.02, 21.11, 22.011, 22.012, 22.021, or 42.072, Penal |
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172 | 174 | | Code; |
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173 | 175 | | (2) a person who is the victim of an offense under |
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174 | 176 | | Section 20A.02, 20A.03, or 43.05, Penal Code; |
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175 | 177 | | (3) a parent or guardian acting on behalf of a person |
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176 | 178 | | younger than 17 years of age who is the victim of an offense listed |
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177 | 179 | | in Subdivision (1); |
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178 | 180 | | (4) a parent or guardian acting on behalf of a person |
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179 | 181 | | younger than 18 years of age who is the victim of an offense listed |
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180 | 182 | | in Subdivision (2); or |
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181 | 183 | | (5) a prosecuting attorney acting on behalf of a |
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182 | 184 | | person described by Subdivision (1), (2), (3), or (4). |
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183 | 185 | | (a-1) Except as provided by Subsection (a-2), if an |
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184 | 186 | | application has not yet been filed in the case under Subsection (a), |
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185 | 187 | | the attorney representing the state shall promptly file an |
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186 | 188 | | application for a protective order with respect to each victim of an |
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187 | 189 | | offense listed in Subdivision (1) or (2) of that subsection |
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188 | 190 | | following the offender's conviction of or placement on deferred |
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189 | 191 | | adjudication community supervision for the offense. |
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190 | 192 | | (a-2) The attorney representing the state may not file an |
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191 | 193 | | application under Subsection (a-1) with respect to a victim who is |
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192 | 194 | | at least 18 years of age if the victim requests that the attorney |
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193 | 195 | | representing the state not file the application. |
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194 | 196 | | (c) Article 7B.002, Code of Criminal Procedure, is amended |
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195 | 197 | | to conform to Chapter 955 (S.B. 194), Acts of the 86th Legislature, |
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196 | 198 | | Regular Session, 2019, to read as follows: |
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197 | 199 | | Art. 7B.002. TEMPORARY EX PARTE ORDER. If the court finds |
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198 | 200 | | from the information contained in an application for a protective |
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199 | 201 | | order that there is a clear and present danger of sexual assault or |
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200 | 202 | | abuse, indecent assault, stalking, trafficking, or other harm to |
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201 | 203 | | the applicant, the court, without further notice to the alleged |
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202 | 204 | | offender and without a hearing, may issue a temporary ex parte order |
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203 | 205 | | for the protection of the applicant or any other member of the |
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204 | 206 | | applicant's family or household. |
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205 | 207 | | (d) Article 7B.003, Code of Criminal Procedure, is amended |
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206 | 208 | | to conform to Chapters 955 (S.B. 194) and 1066 (H.B. 1343), Acts of |
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207 | 209 | | the 86th Legislature, Regular Session, 2019, by amending Subsection |
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208 | 210 | | (a) and adding Subsection (c) to read as follows: |
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209 | 211 | | (a) At the close of a hearing on an application for a |
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210 | 212 | | protective order under this subchapter, the court shall find |
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211 | 213 | | whether there are reasonable grounds to believe that the applicant |
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212 | 214 | | is the victim of sexual assault or abuse, indecent assault, |
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213 | 215 | | stalking, or trafficking. |
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214 | 216 | | (c) An offender's conviction of or placement on deferred |
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215 | 217 | | adjudication community supervision for an offense listed in Article |
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216 | 218 | | 7B.001(a)(1) or (2) constitutes reasonable grounds under |
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217 | 219 | | Subsection (a). |
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218 | 220 | | (e) Article 7B.004, Code of Criminal Procedure, is amended |
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219 | 221 | | to conform to Chapter 955 (S.B. 194), Acts of the 86th Legislature, |
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220 | 222 | | Regular Session, 2019, to read as follows: |
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221 | 223 | | Art. 7B.004. HEARSAY STATEMENT OF CHILD VICTIM. In a |
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222 | 224 | | hearing on an application for a protective order under this |
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223 | 225 | | subchapter, a statement that is made by a child younger than 14 |
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224 | 226 | | years of age who is the victim of an offense under Section 21.02, |
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225 | 227 | | 21.11, 22.011, 22.012, or 22.021, Penal Code, and that describes |
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226 | 228 | | the offense committed against the child is admissible as evidence |
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227 | 229 | | in the same manner that a child's statement regarding alleged abuse |
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228 | 230 | | against the child is admissible under Section 104.006, Family Code, |
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229 | 231 | | in a suit affecting the parent-child relationship. |
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230 | 232 | | (f) Article 7B.007, Code of Criminal Procedure, is amended |
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231 | 233 | | to conform to Chapter 1066 (H.B. 1343), Acts of the 86th |
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232 | 234 | | Legislature, Regular Session, 2019, by adding Subsection (a-1) to |
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233 | 235 | | read as follows: |
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234 | 236 | | (a-1) The court shall issue a protective order effective for |
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235 | 237 | | the duration of the lives of the offender and victim if the offender |
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236 | 238 | | is: |
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237 | 239 | | (1) convicted of or placed on deferred adjudication |
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238 | 240 | | community supervision for an offense listed in Article 7B.001(a)(1) |
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239 | 241 | | or (2); and |
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240 | 242 | | (2) required under Chapter 62 to register for life as a |
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241 | 243 | | sex offender. |
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242 | 244 | | (g) The following provisions are repealed: |
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243 | 245 | | (1) Section 2, Chapter 955 (S.B. 194), Acts of the 86th |
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244 | 246 | | Legislature, Regular Session, 2019, which amended the heading to |
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245 | 247 | | Chapter 7A, Code of Criminal Procedure; |
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246 | 248 | | (2) Section 3, Chapter 955 (S.B. 194), and Section 1, |
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247 | 249 | | Chapter 1066 (H.B. 1343), Acts of the 86th Legislature, Regular |
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248 | 250 | | Session, 2019, which amended Article 7A.01, Code of Criminal |
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249 | 251 | | Procedure; |
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250 | 252 | | (3) Section 4, Chapter 955 (S.B. 194), Acts of the 86th |
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251 | 253 | | Legislature, Regular Session, 2019, which amended Article 7A.02, |
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252 | 254 | | Code of Criminal Procedure; |
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253 | 255 | | (4) Section 5, Chapter 955 (S.B. 194), and Section 2, |
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254 | 256 | | Chapter 1066 (H.B. 1343), Acts of the 86th Legislature, Regular |
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255 | 257 | | Session, 2019, which amended Article 7A.03, Code of Criminal |
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256 | 258 | | Procedure; |
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257 | 259 | | (5) Section 6, Chapter 955 (S.B. 194), Acts of the 86th |
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258 | 260 | | Legislature, Regular Session, 2019, which amended Article 7A.035, |
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259 | 261 | | Code of Criminal Procedure; and |
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260 | 262 | | (6) Section 3, Chapter 1066 (H.B. 1343), Acts of the |
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261 | 263 | | 86th Legislature, Regular Session, 2019, which amended Article |
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262 | 264 | | 7A.07, Code of Criminal Procedure. |
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263 | 265 | | SECTION 4.003. Article 16.22(c), Code of Criminal |
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264 | 266 | | Procedure, as amended by Chapters 582 (S.B. 362) and 1276 (H.B. |
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265 | 267 | | 601), Acts of the 86th Legislature, Regular Session, 2019, is |
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266 | 268 | | reenacted to read as follows: |
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267 | 269 | | (c) After the trial court receives the applicable expert's |
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268 | 270 | | written report relating to the defendant under Subsection (b-1) or |
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269 | 271 | | elects to use the results of a previous determination as described |
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270 | 272 | | by Subsection (a)(2), the trial court may, as applicable: |
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271 | 273 | | (1) resume criminal proceedings against the |
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272 | 274 | | defendant, including any appropriate proceedings related to the |
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273 | 275 | | defendant's release on personal bond under Article 17.032 if the |
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274 | 276 | | defendant is being held in custody; |
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275 | 277 | | (2) resume or initiate competency proceedings, if |
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276 | 278 | | required, as provided by Chapter 46B; |
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277 | 279 | | (3) consider the written report during the punishment |
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278 | 280 | | phase after a conviction of the offense for which the defendant was |
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279 | 281 | | arrested, as part of a presentence investigation report, or in |
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280 | 282 | | connection with the impositions of conditions following placement |
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281 | 283 | | on community supervision, including deferred adjudication |
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282 | 284 | | community supervision; |
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283 | 285 | | (4) refer the defendant to an appropriate specialty |
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284 | 286 | | court established or operated under Subtitle K, Title 2, Government |
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285 | 287 | | Code; or |
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286 | 288 | | (5) if the offense charged does not involve an act, |
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287 | 289 | | attempt, or threat of serious bodily injury to another person, |
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288 | 290 | | release the defendant on bail while charges against the defendant |
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289 | 291 | | remain pending and enter an order transferring the defendant to the |
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290 | 292 | | appropriate court for court-ordered outpatient mental health |
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291 | 293 | | services under Chapter 574, Health and Safety Code. |
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292 | 294 | | SECTION 4.004. Section 4, Article 42.01, Code of Criminal |
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293 | 295 | | Procedure, is amended to correct a typographical error to read as |
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294 | 296 | | follows: |
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295 | 297 | | Sec. 4. The Office of Court Administration of the Texas |
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296 | 298 | | Judicial System shall promulgate a standardized felony judgment |
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297 | 299 | | form that conforms to the requirements of Section 1 of this article. |
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298 | 300 | | A court entering a felony judgment [judgement] shall use the form |
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299 | 301 | | promulgated under this section. |
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300 | 302 | | SECTION 4.005. Article 42A.102(b), Code of Criminal |
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301 | 303 | | Procedure, as amended by Chapters 1137 (H.B. 2758) and 1298 (H.B. |
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302 | 304 | | 3582), Acts of the 86th Legislature, Regular Session, 2019, is |
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303 | 305 | | reenacted and amended to read as follows: |
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304 | 306 | | (b) In all other cases, the judge may grant deferred |
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305 | 307 | | adjudication community supervision unless: |
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306 | 308 | | (1) the defendant is charged with an offense: |
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307 | 309 | | (A) under Section 20A.02, [or] 20A.03, [or] |
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308 | 310 | | 49.045, 49.05, 49.065, 49.07, or 49.08, Penal Code; |
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309 | 311 | | (B) under Section 49.04 or 49.06, Penal Code, |
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310 | 312 | | and, at the time of the offense: |
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311 | 313 | | (i) the defendant held a commercial |
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312 | 314 | | driver's license or a commercial learner's permit; or |
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313 | 315 | | (ii) the defendant's alcohol concentration, |
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314 | 316 | | as defined by Section 49.01, Penal Code, was 0.15 or more; |
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315 | 317 | | (C) for which punishment may be increased under |
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316 | 318 | | Section 49.09, Penal Code; or |
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317 | 319 | | (D) for which punishment may be increased under |
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318 | 320 | | Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it |
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319 | 321 | | is shown that the defendant has been previously convicted of an |
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320 | 322 | | offense for which punishment was increased under any one of those |
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321 | 323 | | subsections; |
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322 | 324 | | (2) the defendant: |
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323 | 325 | | (A) is charged with an offense under Section |
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324 | 326 | | 21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of |
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325 | 327 | | the age of the victim, or a felony described by Article 42A.453(b), |
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326 | 328 | | other than a felony described by Subdivision (1)(A) or (3)(B) of |
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327 | 329 | | this subsection; and |
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328 | 330 | | (B) has previously been placed on community |
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329 | 331 | | supervision for an offense under Paragraph (A); |
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330 | 332 | | (3) the defendant is charged with an offense under: |
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331 | 333 | | (A) Section 21.02, Penal Code; or |
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332 | 334 | | (B) Section 22.021, Penal Code, that is |
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333 | 335 | | punishable under Subsection (f) of that section or under Section |
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334 | 336 | | 12.42(c)(3) or (4), Penal Code; or |
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335 | 337 | | (4) the defendant is charged with an offense under |
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336 | 338 | | Section 19.02, Penal Code, except that the judge may grant deferred |
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337 | 339 | | adjudication community supervision on determining that the |
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338 | 340 | | defendant did not cause the death of the deceased, did not intend to |
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339 | 341 | | kill the deceased or another, and did not anticipate that a human |
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340 | 342 | | life would be taken. |
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341 | 343 | | SECTION 4.006. Article 42A.408(e-1), Code of Criminal |
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342 | 344 | | Procedure, is amended to conform to Chapter 1094 (H.B. 2048), Acts |
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343 | 345 | | of the 86th Legislature, Regular Session, 2019, to read as follows: |
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344 | 346 | | (e-1) Except as provided by Subsection (e-2), a judge |
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345 | 347 | | granting deferred adjudication community supervision to a |
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346 | 348 | | defendant for an offense under Section 49.04 or 49.06, Penal Code, |
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347 | 349 | | shall require that the defendant as a condition of community |
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348 | 350 | | supervision have an ignition interlock device installed on the |
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349 | 351 | | motor vehicle owned by the defendant or on the vehicle most |
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350 | 352 | | regularly driven by the defendant and that the defendant not |
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351 | 353 | | operate any motor vehicle that is not equipped with that device. If |
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352 | 354 | | the judge determines that the defendant is unable to pay for the |
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353 | 355 | | ignition interlock device, the judge may impose a reasonable |
---|
354 | 356 | | payment schedule, as provided by Subsection (f). If the defendant |
---|
355 | 357 | | provides the court evidence under Section 709.001 [708.158], |
---|
356 | 358 | | Transportation Code, sufficient to establish that the defendant is |
---|
357 | 359 | | indigent for purposes of that section, the judge may enter in the |
---|
358 | 360 | | record a finding that the defendant is indigent and reduce the costs |
---|
359 | 361 | | to the defendant by ordering a waiver of the installation charge for |
---|
360 | 362 | | the ignition interlock device and a 50 percent reduction of the |
---|
361 | 363 | | monthly device monitoring fee. A reduction in costs ordered under |
---|
362 | 364 | | this subsection does not apply to any fees that may be assessed |
---|
363 | 365 | | against the defendant if the ignition interlock device detects |
---|
364 | 366 | | ethyl alcohol on the breath of the person attempting to operate the |
---|
365 | 367 | | motor vehicle. |
---|
366 | 368 | | SECTION 4.007. (a) Article 56A.001, Code of Criminal |
---|
367 | 369 | | Procedure, is amended to conform to Section 1, Chapter 1037 (H.B. |
---|
368 | 370 | | 616), Acts of the 86th Legislature, Regular Session, 2019, by |
---|
369 | 371 | | adding Subdivision (6-a) to read as follows: |
---|
370 | 372 | | (6-a) "Sexual assault examiner" and "sexual assault |
---|
371 | 373 | | nurse examiner" have the meanings assigned by Section 420.003, |
---|
372 | 374 | | Government Code. |
---|
373 | 375 | | (b) Section 1, Chapter 1037 (H.B. 616), Acts of the 86th |
---|
374 | 376 | | Legislature, Regular Session, 2019, which amended Article 56.01, |
---|
375 | 377 | | Code of Criminal Procedure, is repealed. |
---|
376 | 378 | | SECTION 4.008. (a) The heading to Article 56A.052, Code of |
---|
377 | 379 | | Criminal Procedure, is amended to conform to Section 8, Chapter 955 |
---|
378 | 380 | | (S.B. 194), Acts of the 86th Legislature, Regular Session, 2019, to |
---|
379 | 381 | | read as follows: |
---|
380 | 382 | | Art. 56A.052. ADDITIONAL RIGHTS OF VICTIMS OF SEXUAL |
---|
381 | 383 | | ASSAULT, INDECENT ASSAULT, STALKING, OR TRAFFICKING. |
---|
382 | 384 | | (b) Section 8, Chapter 955 (S.B. 194), Acts of the 86th |
---|
383 | 385 | | Legislature, Regular Session, 2019, which amended the heading to |
---|
384 | 386 | | Article 56.021, Code of Criminal Procedure, is repealed. |
---|
385 | 387 | | SECTION 4.009. (a) Article 56A.052, Code of Criminal |
---|
386 | 388 | | Procedure, is amended to conform to Section 4.02, Chapter 413 (S.B. |
---|
387 | 389 | | 20), Section 2, Chapter 529 (S.B. 1801), Section 9, Chapter 955 |
---|
388 | 390 | | (S.B. 194), and Section 2, Chapter 1037 (H.B. 616), Acts of the 86th |
---|
389 | 391 | | Legislature, Regular Session, 2019, by amending Subsections (a) and |
---|
390 | 392 | | (d) and adding Subsection (e) to read as follows: |
---|
391 | 393 | | (a) If the offense is a sexual assault, a victim, guardian |
---|
392 | 394 | | of a victim, or close relative of a deceased victim is entitled to |
---|
393 | 395 | | the following rights within the criminal justice system: |
---|
394 | 396 | | (1) if requested, the right to a disclosure of |
---|
395 | 397 | | information regarding: |
---|
396 | 398 | | (A) any evidence that was collected during the |
---|
397 | 399 | | investigation of the offense, unless disclosing the information |
---|
398 | 400 | | would interfere with the investigation or prosecution of the |
---|
399 | 401 | | offense, in which event the victim, guardian, or relative shall be |
---|
400 | 402 | | informed of the estimated date on which that information is |
---|
401 | 403 | | expected to be disclosed; and |
---|
402 | 404 | | (B) the status of any analysis being performed of |
---|
403 | 405 | | any evidence described by Paragraph (A); |
---|
404 | 406 | | (2) if requested, the right to be notified: |
---|
405 | 407 | | (A) at the time a request is submitted to a crime |
---|
406 | 408 | | laboratory to process and analyze any evidence that was collected |
---|
407 | 409 | | during the investigation of the offense; |
---|
408 | 410 | | (B) at the time of the submission of a request to |
---|
409 | 411 | | compare any biological evidence collected during the investigation |
---|
410 | 412 | | of the offense with DNA profiles maintained in a state or federal |
---|
411 | 413 | | DNA database; and |
---|
412 | 414 | | (C) of the results of the comparison described by |
---|
413 | 415 | | Paragraph (B), unless disclosing the results would interfere with |
---|
414 | 416 | | the investigation or prosecution of the offense, in which event the |
---|
415 | 417 | | victim, guardian, or relative shall be informed of the estimated |
---|
416 | 418 | | date on which those results are expected to be disclosed; |
---|
417 | 419 | | (3) if requested, the right to counseling regarding |
---|
418 | 420 | | acquired immune deficiency syndrome (AIDS) and human |
---|
419 | 421 | | immunodeficiency virus (HIV) infection; and |
---|
420 | 422 | | (4) for the victim, the right to: |
---|
421 | 423 | | (A) testing for acquired immune deficiency |
---|
422 | 424 | | syndrome (AIDS), human immunodeficiency virus (HIV) infection, |
---|
423 | 425 | | antibodies to HIV, or infection with any other probable causative |
---|
424 | 426 | | agent of AIDS; and |
---|
425 | 427 | | (B) a forensic medical examination to the extent |
---|
426 | 428 | | provided by Subchapters F and G if, within 120 [96] hours of the |
---|
427 | 429 | | offense: |
---|
428 | 430 | | (i) the offense is reported to a law |
---|
429 | 431 | | enforcement agency; or |
---|
430 | 432 | | (ii) a forensic medical examination is |
---|
431 | 433 | | otherwise conducted at a health care facility. |
---|
432 | 434 | | (d) This subsection applies only to a victim of an offense |
---|
433 | 435 | | under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, |
---|
434 | 436 | | 22.021, 42.072, or 43.05, Penal Code. A victim described by this |
---|
435 | 437 | | subsection or a parent or guardian of the victim is entitled to the |
---|
436 | 438 | | following rights within the criminal justice system: |
---|
437 | 439 | | (1) the right to be informed: |
---|
438 | 440 | | (A) that the victim or the victim's parent or |
---|
439 | 441 | | guardian, as applicable, may file an application for a protective |
---|
440 | 442 | | order under Article 7B.001; |
---|
441 | 443 | | (B) of the court in which the application for a |
---|
442 | 444 | | protective order may be filed; and |
---|
443 | 445 | | (C) that, on request of the victim or of the |
---|
444 | 446 | | victim's parent or guardian, as applicable, and subject to the |
---|
445 | 447 | | Texas Disciplinary Rules of Professional Conduct, the attorney |
---|
446 | 448 | | representing the state may file the application for a protective |
---|
447 | 449 | | order on behalf of the victim; |
---|
448 | 450 | | (2) the right to request that the attorney |
---|
449 | 451 | | representing the state, subject to the Texas Disciplinary Rules of |
---|
450 | 452 | | Professional Conduct, file an application for a protective order |
---|
451 | 453 | | described by Subdivision (1); |
---|
452 | 454 | | (3) if the victim or the victim's parent or guardian, |
---|
453 | 455 | | as applicable, is present when the defendant is convicted or placed |
---|
454 | 456 | | on deferred adjudication community supervision, the right to: |
---|
455 | 457 | | (A) be given by the court the information |
---|
456 | 458 | | described by Subdivision (1); and |
---|
457 | 459 | | (B) file an application for a protective order |
---|
458 | 460 | | under Article 7B.001 immediately following the defendant's |
---|
459 | 461 | | conviction or placement on deferred adjudication community |
---|
460 | 462 | | supervision if the court has jurisdiction over the application; and |
---|
461 | 463 | | (4) if the victim or the victim's parent or guardian, |
---|
462 | 464 | | as applicable, is not present when the defendant is convicted or |
---|
463 | 465 | | placed on deferred adjudication community supervision, the right to |
---|
464 | 466 | | be given by the attorney representing the state the information |
---|
465 | 467 | | described by Subdivision (1). |
---|
466 | 468 | | (e) A victim of an offense under Section 20A.02, 20A.03, or |
---|
467 | 469 | | 43.05, Penal Code, is entitled to be informed that the victim may |
---|
468 | 470 | | petition for an order of nondisclosure of criminal history record |
---|
469 | 471 | | information under Section 411.0728, Government Code, if the victim: |
---|
470 | 472 | | (1) has been convicted of or placed on deferred |
---|
471 | 473 | | adjudication community supervision for an offense described by |
---|
472 | 474 | | Subsection (a)(1) of that section; and |
---|
473 | 475 | | (2) committed that offense solely as a victim of an |
---|
474 | 476 | | offense under Section 20A.02, 20A.03, or 43.05, Penal Code. |
---|
475 | 477 | | (b) Section 4.02, Chapter 413 (S.B. 20), Section 2, Chapter |
---|
476 | 478 | | 529 (S.B. 1801), Section 9, Chapter 955 (S.B. 194), and Section 2, |
---|
477 | 479 | | Chapter 1037 (H.B. 616), Acts of the 86th Legislature, Regular |
---|
478 | 480 | | Session, 2019, which amended Article 56.021, Code of Criminal |
---|
479 | 481 | | Procedure, are repealed. |
---|
480 | 482 | | SECTION 4.010. (a) Subchapter F, Chapter 56A, Code of |
---|
481 | 483 | | Criminal Procedure, is amended to conform to Section 3, Chapter |
---|
482 | 484 | | 1037 (H.B. 616), Acts of the 86th Legislature, Regular Session, |
---|
483 | 485 | | 2019, by adding Articles 56A.2505 and 56A.256 to read as follows: |
---|
484 | 486 | | Art. 56A.2505. APPLICABILITY. This subchapter applies to |
---|
485 | 487 | | health care facilities described by Article 56A.302. |
---|
486 | 488 | | Art. 56A.256. RULES. The attorney general shall adopt |
---|
487 | 489 | | rules necessary to implement this subchapter. |
---|
488 | 490 | | (b) Article 56A.251, Code of Criminal Procedure, is amended |
---|
489 | 491 | | to conform to Section 3, Chapter 1037 (H.B. 616), Acts of the 86th |
---|
490 | 492 | | Legislature, Regular Session, 2019, by amending Subsection (a) and |
---|
491 | 493 | | adding Subsection (d) to read as follows: |
---|
492 | 494 | | (a) Except as provided by Subsection (b), if a sexual |
---|
493 | 495 | | assault is reported to a law enforcement agency within 120 [96] |
---|
494 | 496 | | hours after the assault, the law enforcement agency, with the |
---|
495 | 497 | | consent of the victim of the alleged assault, a person authorized to |
---|
496 | 498 | | act on behalf of the victim, or an employee of the Department of |
---|
497 | 499 | | Family and Protective Services, shall request a forensic medical |
---|
498 | 500 | | examination of the victim for use in the investigation or |
---|
499 | 501 | | prosecution of the offense. |
---|
500 | 502 | | (d) If a sexual assault is reported to a law enforcement |
---|
501 | 503 | | agency as provided by Subsection (a) or (c), the law enforcement |
---|
502 | 504 | | agency shall document, in the form and manner required by the |
---|
503 | 505 | | attorney general, whether the agency requested a forensic medical |
---|
504 | 506 | | examination. The law enforcement agency shall: |
---|
505 | 507 | | (1) provide the documentation of the agency's decision |
---|
506 | 508 | | regarding a request for a forensic medical examination to: |
---|
507 | 509 | | (A) the health care facility and the sexual |
---|
508 | 510 | | assault examiner or sexual assault nurse examiner, as applicable, |
---|
509 | 511 | | who provides services to the victim that are related to the sexual |
---|
510 | 512 | | assault; and |
---|
511 | 513 | | (B) the victim or the person who consented to the |
---|
512 | 514 | | forensic medical examination on behalf of the victim; and |
---|
513 | 515 | | (2) maintain the documentation of the agency's |
---|
514 | 516 | | decision in accordance with the agency's record retention policies. |
---|
515 | 517 | | (c) Article 56A.252, Code of Criminal Procedure, is amended |
---|
516 | 518 | | to conform to Sections 3 and 8, Chapter 1037 (H.B. 616), Acts of the |
---|
517 | 519 | | 86th Legislature, Regular Session, 2019, to read as follows: |
---|
518 | 520 | | Art. 56A.252. PAYMENT OF COSTS OF EXAMINATION. (a) [A law |
---|
519 | 521 | | enforcement agency that requests a forensic medical examination |
---|
520 | 522 | | under Article 56A.251 shall pay all costs of the examination.] On |
---|
521 | 523 | | application to the attorney general, a health care facility that |
---|
522 | 524 | | provides a forensic medical examination to a sexual assault |
---|
523 | 525 | | survivor in accordance with this subchapter, or the [law |
---|
524 | 526 | | enforcement agency is entitled to be reimbursed for the reasonable |
---|
525 | 527 | | costs of the examination if the examination was performed by a |
---|
526 | 528 | | physician or by a] sexual assault examiner or sexual assault nurse |
---|
527 | 529 | | examiner who conducts that examination, as applicable, is entitled |
---|
528 | 530 | | to be reimbursed in an amount set by attorney general rule for: |
---|
529 | 531 | | (1) the reasonable costs of the forensic portion of |
---|
530 | 532 | | that examination; and |
---|
531 | 533 | | (2) the evidence collection kit [defined by Section |
---|
532 | 534 | | 420.003, Government Code]. |
---|
533 | 535 | | (b) The application under Subsection (a) must be in the form |
---|
534 | 536 | | and manner prescribed by the attorney general and must include: |
---|
535 | 537 | | (1) the documentation that the law enforcement agency |
---|
536 | 538 | | requested the forensic medical examination, as required under |
---|
537 | 539 | | Article 56A.251(d); and |
---|
538 | 540 | | (2) a complete and itemized bill of the reasonable |
---|
539 | 541 | | costs of the forensic portion of the examination. |
---|
540 | 542 | | (c) A health care facility or a sexual assault examiner or |
---|
541 | 543 | | sexual assault nurse examiner, as applicable, who applies for |
---|
542 | 544 | | reimbursement under Subsection (a) shall accept reimbursement from |
---|
543 | 545 | | the attorney general as payment for the costs unless: |
---|
544 | 546 | | (1) the health care facility or sexual assault |
---|
545 | 547 | | examiner or sexual assault nurse examiner, as applicable: |
---|
546 | 548 | | (A) requests, in writing, additional |
---|
547 | 549 | | reimbursement from the attorney general; and |
---|
548 | 550 | | (B) provides documentation in support of the |
---|
549 | 551 | | additional reimbursement, as reasonably requested by the attorney |
---|
550 | 552 | | general; and |
---|
551 | 553 | | (2) the attorney general determines that there is a |
---|
552 | 554 | | reasonable justification for additional reimbursement. |
---|
553 | 555 | | (d) A health care facility is not entitled to reimbursement |
---|
554 | 556 | | under this article unless the forensic medical examination was |
---|
555 | 557 | | conducted at the facility by a physician, sexual assault examiner, |
---|
556 | 558 | | or sexual assault nurse examiner. |
---|
557 | 559 | | (e) On request, the attorney general may provide training to |
---|
558 | 560 | | a health care facility regarding the process for applying for |
---|
559 | 561 | | reimbursement under this article. |
---|
560 | 562 | | (d) Section 3, Chapter 1037 (H.B. 616), Acts of the 86th |
---|
561 | 563 | | Legislature, Regular Session, 2019, which amended Article 56.06, |
---|
562 | 564 | | Code of Criminal Procedure, is repealed. |
---|
563 | 565 | | SECTION 4.011. Article 56A.301(3), Code of Criminal |
---|
564 | 566 | | Procedure, is repealed to conform to the repeal of Article |
---|
565 | 567 | | 56.065(a)(3), Code of Criminal Procedure, by Section 8, Chapter |
---|
566 | 568 | | 1037 (H.B. 616), Acts of the 86th Legislature, Regular Session, |
---|
567 | 569 | | 2019. |
---|
568 | 570 | | SECTION 4.012. (a) Article 56A.303(a), Code of Criminal |
---|
569 | 571 | | Procedure, is amended to conform to Section 4, Chapter 1037 (H.B. |
---|
570 | 572 | | 616), Acts of the 86th Legislature, Regular Session, 2019, to read |
---|
571 | 573 | | as follows: |
---|
572 | 574 | | (a) In accordance with Subchapter B, Chapter 420, |
---|
573 | 575 | | Government Code, and except as provided by Subsection (b), a health |
---|
574 | 576 | | care facility shall conduct a forensic medical examination of a |
---|
575 | 577 | | victim of an alleged sexual assault if: |
---|
576 | 578 | | (1) the victim arrives at the facility within 120 [96] |
---|
577 | 579 | | hours after the assault occurred; |
---|
578 | 580 | | (2) the victim consents to the examination; and |
---|
579 | 581 | | (3) at the time of the examination the victim has not |
---|
580 | 582 | | reported the assault to a law enforcement agency. |
---|
581 | 583 | | (b) Article 56A.304, Code of Criminal Procedure, is amended |
---|
582 | 584 | | to conform to Sections 4 and 8, Chapter 1037 (H.B. 616), Acts of the |
---|
583 | 585 | | 86th Legislature, Regular Session, 2019, to read as follows: |
---|
584 | 586 | | Art. 56A.304. PAYMENT OF FEES RELATED TO EXAMINATION. (a) |
---|
585 | 587 | | On application to the [The department shall pay the appropriate |
---|
586 | 588 | | fees, as set by] attorney general [rule], a health care facility |
---|
587 | 589 | | that provides [for the forensic portion of] a forensic medical |
---|
588 | 590 | | examination to a sexual assault survivor in accordance with this |
---|
589 | 591 | | subchapter, or the [conducted under Article 56A.303(a) and for the |
---|
590 | 592 | | evidence collection kit if a physician,] sexual assault examiner |
---|
591 | 593 | | [,] or sexual assault nurse examiner who conducts that [the |
---|
592 | 594 | | forensic portion of the] examination, as applicable, within 120 |
---|
593 | 595 | | [96] hours after the alleged sexual assault occurred is entitled to |
---|
594 | 596 | | be reimbursed in an amount set by attorney general rule for: |
---|
595 | 597 | | (1) the reasonable costs of the forensic portion of |
---|
596 | 598 | | that examination; and |
---|
597 | 599 | | (2) the evidence collection kit. |
---|
598 | 600 | | (b) The application under Subsection (a) must be in the form |
---|
599 | 601 | | and manner prescribed by the attorney general and must include: |
---|
600 | 602 | | (1) certification that the examination was conducted |
---|
601 | 603 | | in accordance with the requirements of Article 56A.303(a); and |
---|
602 | 604 | | (2) a complete and itemized bill of the reasonable |
---|
603 | 605 | | costs of the forensic portion of the examination [attorney general |
---|
604 | 606 | | shall reimburse the department for fees paid under Subsection (a)]. |
---|
605 | 607 | | (c) A health care facility or a sexual assault examiner or |
---|
606 | 608 | | sexual assault nurse examiner, as applicable, who applies for |
---|
607 | 609 | | reimbursement under Subsection (a) shall accept reimbursement from |
---|
608 | 610 | | the attorney general as payment for the costs unless: |
---|
609 | 611 | | (1) the health care facility or sexual assault |
---|
610 | 612 | | examiner or sexual assault nurse examiner, as applicable: |
---|
611 | 613 | | (A) requests, in writing, additional |
---|
612 | 614 | | reimbursement from the attorney general; and |
---|
613 | 615 | | (B) provides documentation in support of the |
---|
614 | 616 | | additional reimbursement, as reasonably requested by the attorney |
---|
615 | 617 | | general; and |
---|
616 | 618 | | (2) the attorney general determines that there is a |
---|
617 | 619 | | reasonable justification for additional reimbursement. |
---|
618 | 620 | | (d) A health care facility is not entitled to reimbursement |
---|
619 | 621 | | under this article unless the forensic medical examination was |
---|
620 | 622 | | conducted at the facility by a physician, sexual assault examiner, |
---|
621 | 623 | | or sexual assault nurse examiner. |
---|
622 | 624 | | (e) On request, the attorney general may provide training to |
---|
623 | 625 | | a health care facility regarding the process for applying for |
---|
624 | 626 | | reimbursement under this article. |
---|
625 | 627 | | (f) A victim of an alleged sexual assault may not be |
---|
626 | 628 | | required to pay for: |
---|
627 | 629 | | (1) the forensic portion of the forensic medical |
---|
628 | 630 | | examination; or |
---|
629 | 631 | | (2) the evidence collection kit. |
---|
630 | 632 | | (c) Section 4, Chapter 1037 (H.B. 616), Acts of the 86th |
---|
631 | 633 | | Legislature, Regular Session, 2019, which amended Article 56.065, |
---|
632 | 634 | | Code of Criminal Procedure, is repealed. |
---|
633 | 635 | | SECTION 4.013. (a) Article 56A.306, Code of Criminal |
---|
634 | 636 | | Procedure, is amended to conform to Section 4, Chapter 408 (H.B. 8), |
---|
635 | 637 | | Acts of the 86th Legislature, Regular Session, 2019, to read as |
---|
636 | 638 | | follows: |
---|
637 | 639 | | Art. 56A.306. PROCEDURES FOR TRANSFER AND PRESERVATION OF |
---|
638 | 640 | | EVIDENCE. (a) The department, consistent with Chapter 420, |
---|
639 | 641 | | Government Code, shall develop procedures for: |
---|
640 | 642 | | (1) the transfer [and preservation] of evidence |
---|
641 | 643 | | collected under this subchapter to a crime laboratory or other |
---|
642 | 644 | | suitable location designated by the public safety director of the |
---|
643 | 645 | | department; |
---|
644 | 646 | | (2) the preservation of the evidence by the entity |
---|
645 | 647 | | receiving the evidence; and |
---|
646 | 648 | | (3) the notification of the victim of the offense |
---|
647 | 649 | | before a planned destruction of evidence under this article. |
---|
648 | 650 | | (b) Subject to Subsection (c), an [An] entity receiving |
---|
649 | 651 | | [the] evidence described by Subsection (a) shall preserve the |
---|
650 | 652 | | evidence until the earlier of: |
---|
651 | 653 | | (1) the fifth [second] anniversary of the date on |
---|
652 | 654 | | which the evidence was collected; or |
---|
653 | 655 | | (2) the date on which written consent to release the |
---|
654 | 656 | | evidence is obtained as provided by Section 420.0735, Government |
---|
655 | 657 | | Code. |
---|
656 | 658 | | (c) An entity receiving evidence described by Subsection |
---|
657 | 659 | | (a) may destroy the evidence on the expiration of the entity's duty |
---|
658 | 660 | | to preserve the evidence under Subsection (b)(1) only if: |
---|
659 | 661 | | (1) the entity provides written notification to the |
---|
660 | 662 | | victim of the offense, in a trauma-informed manner, of the decision |
---|
661 | 663 | | to destroy the evidence that includes: |
---|
662 | 664 | | (A) detailed instructions on how the victim may |
---|
663 | 665 | | make a written objection to the decision, including contact |
---|
664 | 666 | | information for the entity; or |
---|
665 | 667 | | (B) a standard form for the victim to complete |
---|
666 | 668 | | and return to the entity to make a written objection to the |
---|
667 | 669 | | decision; and |
---|
668 | 670 | | (2) a written objection is not received by the entity |
---|
669 | 671 | | from the victim before the 91st day after the date on which the |
---|
670 | 672 | | entity notifies the victim of the planned destruction of the |
---|
671 | 673 | | evidence. |
---|
672 | 674 | | (d) The entity shall document the entity's attempt to notify |
---|
673 | 675 | | the victim under Subsection (c). |
---|
674 | 676 | | (b) Section 4, Chapter 408 (H.B. 8), Acts of the 86th |
---|
675 | 677 | | Legislature, Regular Session, 2019, which amended Article 56.065, |
---|
676 | 678 | | Code of Criminal Procedure, is repealed. |
---|
677 | 679 | | SECTION 4.014. (a) Article 56B.003(13), Code of Criminal |
---|
678 | 680 | | Procedure, is amended to conform to Section 3.06, Chapter 413 (S.B. |
---|
679 | 681 | | 20), Acts of the 86th Legislature, Regular Session, 2019, to read as |
---|
680 | 682 | | follows: |
---|
681 | 683 | | (13) "Trafficking of persons" means any offense that |
---|
682 | 684 | | results in a person engaging in forced labor or services, including |
---|
683 | 685 | | sexual conduct, and that may be prosecuted under Section 20A.02, |
---|
684 | 686 | | 20A.03, 43.03, 43.031, 43.04, 43.041, 43.05, 43.25, 43.251, or |
---|
685 | 687 | | 43.26, Penal Code. |
---|
686 | 688 | | (b) Section 3.06, Chapter 413 (S.B. 20), Acts of the 86th |
---|
687 | 689 | | Legislature, Regular Session, 2019, which amended Article |
---|
688 | 690 | | 56.32(a)(14), Code of Criminal Procedure, is repealed. |
---|
689 | 691 | | SECTION 4.015. (a) Article 56B.106(c), Code of Criminal |
---|
690 | 692 | | Procedure, is amended to conform to Section 1, Chapter 187 (H.B. |
---|
691 | 693 | | 2079), Acts of the 86th Legislature, Regular Session, 2019, to read |
---|
692 | 694 | | as follows: |
---|
693 | 695 | | (c) A [victim who is a] victim of stalking, family violence, |
---|
694 | 696 | | or trafficking of persons, [or] a victim of sexual assault who is |
---|
695 | 697 | | assaulted in the victim's place of residence, or a child who is a |
---|
696 | 698 | | victim of a murder attempt in the child's place of residence may |
---|
697 | 699 | | receive a one-time assistance payment in an amount not to exceed: |
---|
698 | 700 | | (1) $2,000 to be used for relocation expenses, |
---|
699 | 701 | | including expenses for rental deposit, utility connections, |
---|
700 | 702 | | expenses relating to moving belongings, motor vehicle mileage |
---|
701 | 703 | | expenses, and for an out-of-state move, transportation, lodging, |
---|
702 | 704 | | and meals; and |
---|
703 | 705 | | (2) $1,800 to be used for housing rental expenses. |
---|
704 | 706 | | (b) Section 1, Chapter 187 (H.B. 2079), Acts of the 86th |
---|
705 | 707 | | Legislature, Regular Session, 2019, which amended Article |
---|
706 | 708 | | 56.42(d), Code of Criminal Procedure, is repealed. |
---|
707 | 709 | | SECTION 4.016. (a) Article 56B.453(d), Code of Criminal |
---|
708 | 710 | | Procedure, is amended to conform to Section 5, Chapter 1037 (H.B. |
---|
709 | 711 | | 616), Acts of the 86th Legislature, Regular Session, 2019, to read |
---|
710 | 712 | | as follows: |
---|
711 | 713 | | (d) The attorney general may use the fund to: |
---|
712 | 714 | | (1) reimburse a health care facility or a sexual |
---|
713 | 715 | | assault examiner or sexual assault nurse examiner for certain costs |
---|
714 | 716 | | of a forensic medical examination that are incurred by the facility |
---|
715 | 717 | | or the examiner [law enforcement agency for the reasonable costs of |
---|
716 | 718 | | a forensic medical examination that are incurred by the agency] |
---|
717 | 719 | | under Subchapter F or G, Chapter 56A, as provided by those |
---|
718 | 720 | | subchapters; and |
---|
719 | 721 | | (2) make a payment to or on behalf of an individual for |
---|
720 | 722 | | the reasonable costs incurred for medical care provided under |
---|
721 | 723 | | Subchapter F or G, Chapter 56A, in accordance with Section 323.004, |
---|
722 | 724 | | Health and Safety Code. |
---|
723 | 725 | | (b) Section 5, Chapter 1037 (H.B. 616), Acts of the 86th |
---|
724 | 726 | | Legislature, Regular Session, 2019, which amended Article |
---|
725 | 727 | | 56.54(k), Code of Criminal Procedure, is repealed. |
---|
726 | 728 | | SECTION 4.017. (a) Article 58.051(11), Code of Criminal |
---|
727 | 729 | | Procedure, is amended to conform to Section 3.07, Chapter 413 (S.B. |
---|
728 | 730 | | 20), Acts of the 86th Legislature, Regular Session, 2019, to read as |
---|
729 | 731 | | follows: |
---|
730 | 732 | | (11) "Trafficking of persons" means any conduct that: |
---|
731 | 733 | | (A) constitutes an offense under Section 20A.02, |
---|
732 | 734 | | 20A.03, 43.03, 43.031, 43.04, 43.041, 43.05, 43.25, 43.251, or |
---|
733 | 735 | | 43.26, Penal Code; and |
---|
734 | 736 | | (B) results in a person: |
---|
735 | 737 | | (i) engaging in forced labor or services; |
---|
736 | 738 | | or |
---|
737 | 739 | | (ii) otherwise becoming a victim of the |
---|
738 | 740 | | offense. |
---|
739 | 741 | | (b) Section 3.07, Chapter 413 (S.B. 20), Acts of the 86th |
---|
740 | 742 | | Legislature, Regular Session, 2019, which amended Article |
---|
741 | 743 | | 56.81(7), Code of Criminal Procedure, is repealed. |
---|
742 | 744 | | SECTION 4.018. Article 102.0173, Code of Criminal |
---|
743 | 745 | | Procedure, as amended by Chapters 656 (S.B. 1840) and 1352 (S.B. |
---|
744 | 746 | | 346), Acts of the 86th Legislature, Regular Session, 2019, is |
---|
745 | 747 | | reenacted and amended to read as follows: |
---|
746 | 748 | | Art. 102.0173. JUSTICE COURT ASSISTANCE AND TECHNOLOGY |
---|
747 | 749 | | FUND. (a) The justice court assistance and technology fund is a |
---|
748 | 750 | | fund in the county treasury. The fund consists of money allocated |
---|
749 | 751 | | to the fund under Section 134.103, Local Government Code. |
---|
750 | 752 | | (b) Money in the justice court assistance and technology |
---|
751 | 753 | | fund may be used only to finance: |
---|
752 | 754 | | (1) the cost of providing court personnel, including |
---|
753 | 755 | | salaries and benefits for the court personnel; |
---|
754 | 756 | | (2) the cost of continuing education and training for |
---|
755 | 757 | | justice court judges and court personnel; and |
---|
756 | 758 | | (3) the purchase and maintenance of technological |
---|
757 | 759 | | enhancements for a justice court, including: |
---|
758 | 760 | | (A) computer systems; |
---|
759 | 761 | | (B) computer networks; |
---|
760 | 762 | | (C) computer hardware; |
---|
761 | 763 | | (D) computer software; |
---|
762 | 764 | | (E) imaging systems; |
---|
763 | 765 | | (F) electronic kiosks; |
---|
764 | 766 | | (G) electronic ticket writers; and |
---|
765 | 767 | | (H) docket management systems. |
---|
766 | 768 | | (c) The justice court assistance and technology fund shall |
---|
767 | 769 | | be administered by or under the direction of the commissioners |
---|
768 | 770 | | court of the county. |
---|
769 | 771 | | (d) A justice court may, subject to the approval of the |
---|
770 | 772 | | commissioners court, use a fund designated by this article to |
---|
771 | 773 | | assist a constable's office or other county department with a |
---|
772 | 774 | | technological enhancement, or cost related to the enhancement, |
---|
773 | 775 | | described by Subsection (b)(3) [(d)(3)] if the enhancement directly |
---|
774 | 776 | | relates to the operation or efficiency of the justice court. |
---|
775 | 777 | | SECTION 4.019. Article 102.020(a), Code of Criminal |
---|
776 | 778 | | Procedure, as amended by Chapter 1285 (H.B. 1399), Acts of the 86th |
---|
777 | 779 | | Legislature, Regular Session, 2019, is repealed to conform to the |
---|
778 | 780 | | repeal of Article 102.020, Code of Criminal Procedure, by Chapter |
---|
779 | 781 | | 1352 (S.B. 346), Acts of the 86th Legislature, Regular Session, |
---|
780 | 782 | | 2019. |
---|
781 | 783 | | SECTION 4.020. Article 102.022(a), Code of Criminal |
---|
782 | 784 | | Procedure, as amended by Chapter 1094 (H.B. 2048), Acts of the 86th |
---|
783 | 785 | | Legislature, Regular Session, 2019, is repealed to conform to the |
---|
784 | 786 | | repeal of Article 102.022, Code of Criminal Procedure, by Chapter |
---|
785 | 787 | | 1352 (S.B. 346), Acts of the 86th Legislature, Regular Session, |
---|
786 | 788 | | 2019. |
---|
787 | 789 | | SECTION 4.021. Article 102.030(b), Code of Criminal |
---|
788 | 790 | | Procedure, is amended to correct a reference to read as follows: |
---|
789 | 791 | | (b) The treasurer shall deposit the reimbursement fees |
---|
790 | 792 | | collected under this article [section] in a separate account in the |
---|
791 | 793 | | general fund of the county or municipality to be used for the |
---|
792 | 794 | | purpose of improving the collection of outstanding court costs, |
---|
793 | 795 | | fines, reimbursement fees, or restitution or improving the |
---|
794 | 796 | | efficiency of the administration of justice in the county or |
---|
795 | 797 | | municipality. The county or municipality shall prioritize the |
---|
796 | 798 | | needs of the judicial officer who collected the fees when making |
---|
797 | 799 | | expenditures under this subsection and use the money deposited to |
---|
798 | 800 | | provide for those needs. |
---|
799 | 801 | | ARTICLE 5. CHANGES RELATING TO EDUCATION CODE |
---|
800 | 802 | | SECTION 5.001. Section 8.155(a), Education Code, is amended |
---|
801 | 803 | | to correct a reference to read as follows: |
---|
802 | 804 | | (a) A non-physician mental health professional employed |
---|
803 | 805 | | under Section 8.152 shall, to the greatest extent possible, work |
---|
804 | 806 | | collaboratively with the regional education service center and |
---|
805 | 807 | | shall act as a resource for the center and school district personnel |
---|
806 | 808 | | by: |
---|
807 | 809 | | (1) helping personnel gain awareness and a better |
---|
808 | 810 | | understanding of mental health and co-occurring mental health and |
---|
809 | 811 | | substance use disorders; |
---|
810 | 812 | | (2) assisting personnel to implement initiatives |
---|
811 | 813 | | related to mental health or substance use under state law or agency |
---|
812 | 814 | | rules, interagency memorandums of understanding, and related |
---|
813 | 815 | | programs; |
---|
814 | 816 | | (3) ensuring personnel are aware of: |
---|
815 | 817 | | (A) the list of recommended best practice-based |
---|
816 | 818 | | programs and research-based practices developed under Section |
---|
817 | 819 | | 38.351 [Section 161.325, Health and Safety Code]; |
---|
818 | 820 | | (B) other public and private mental health and |
---|
819 | 821 | | substance use prevention, treatment, and recovery programs |
---|
820 | 822 | | available in the school district, including evidence-based |
---|
821 | 823 | | programs provided by a local mental health authority and other |
---|
822 | 824 | | public or private mental health providers; and |
---|
823 | 825 | | (C) other available public and private mental |
---|
824 | 826 | | health and substance use prevention, treatment, and recovery |
---|
825 | 827 | | program resources administered by the local mental health authority |
---|
826 | 828 | | or the Health and Human Services Commission to support school |
---|
827 | 829 | | districts, students, and families; |
---|
828 | 830 | | (4) on a monthly basis, facilitating mental health |
---|
829 | 831 | | first aid training; |
---|
830 | 832 | | (5) on a monthly basis, facilitating training |
---|
831 | 833 | | regarding the effects of grief and trauma and providing support to |
---|
832 | 834 | | children with intellectual or developmental disabilities who |
---|
833 | 835 | | suffer from grief or trauma; and |
---|
834 | 836 | | (6) on a monthly basis, facilitating training on |
---|
835 | 837 | | prevention and intervention programs that have been shown to be |
---|
836 | 838 | | effective in helping students cope with pressures to: |
---|
837 | 839 | | (A) use alcohol, cigarettes, or illegal drugs; or |
---|
838 | 840 | | (B) misuse prescription drugs. |
---|
839 | 841 | | SECTION 5.002. Section 11.157(b), Education Code, as added |
---|
840 | 842 | | by Chapter 677 (S.B. 2117), Acts of the 86th Legislature, Regular |
---|
841 | 843 | | Session, 2019, is amended to conform to the transfer and |
---|
842 | 844 | | redesignation of Section 42.2511, Education Code, by Chapter 943 |
---|
843 | 845 | | (H.B. 3), Acts of the 86th Legislature, Regular Session, 2019, to |
---|
844 | 846 | | read as follows: |
---|
845 | 847 | | (b) A school district under contract with an |
---|
846 | 848 | | open-enrollment charter school to jointly operate a campus or |
---|
847 | 849 | | campus program during the 2017-2018 school year and under any |
---|
848 | 850 | | renewal of that contract during the 2018-2019 school year is |
---|
849 | 851 | | eligible to receive funding under former Section 42.2511 for each |
---|
850 | 852 | | student or the portion of each student's school day under the |
---|
851 | 853 | | direction of the open-enrollment charter school. Beginning with |
---|
852 | 854 | | the 2019-2020 school year, a school district is eligible to receive |
---|
853 | 855 | | funding under Section 48.252 on the renewal of a contract described |
---|
854 | 856 | | by this section. The commissioner may adopt rules to determine the |
---|
855 | 857 | | portion of funding a school district is entitled to under this |
---|
856 | 858 | | subsection. |
---|
857 | 859 | | SECTION 5.003. Section 12.104(b), Education Code, as |
---|
858 | 860 | | amended by Chapters 262 (H.B. 1597), 464 (S.B. 11), 467 (H.B. 4170), |
---|
859 | 861 | | and 943 (H.B. 3), Acts of the 86th Legislature, Regular Session, |
---|
860 | 862 | | 2019, is reenacted and amended to read as follows: |
---|
861 | 863 | | (b) An open-enrollment charter school is subject to: |
---|
862 | 864 | | (1) a provision of this title establishing a criminal |
---|
863 | 865 | | offense; |
---|
864 | 866 | | (2) the provisions in Chapter 554, Government Code; |
---|
865 | 867 | | and |
---|
866 | 868 | | (3) a prohibition, restriction, or requirement, as |
---|
867 | 869 | | applicable, imposed by this title or a rule adopted under this |
---|
868 | 870 | | title, relating to: |
---|
869 | 871 | | (A) the Public Education Information Management |
---|
870 | 872 | | System (PEIMS) to the extent necessary to monitor compliance with |
---|
871 | 873 | | this subchapter as determined by the commissioner; |
---|
872 | 874 | | (B) criminal history records under Subchapter C, |
---|
873 | 875 | | Chapter 22; |
---|
874 | 876 | | (C) reading instruments and accelerated reading |
---|
875 | 877 | | instruction programs under Section 28.006; |
---|
876 | 878 | | (D) accelerated instruction under Section |
---|
877 | 879 | | 28.0211; |
---|
878 | 880 | | (E) high school graduation requirements under |
---|
879 | 881 | | Section 28.025; |
---|
880 | 882 | | (F) special education programs under Subchapter |
---|
881 | 883 | | A, Chapter 29; |
---|
882 | 884 | | (G) bilingual education under Subchapter B, |
---|
883 | 885 | | Chapter 29; |
---|
884 | 886 | | (H) prekindergarten programs under Subchapter E |
---|
885 | 887 | | or E-1, Chapter 29; |
---|
886 | 888 | | (I) extracurricular activities under Section |
---|
887 | 889 | | 33.081; |
---|
888 | 890 | | (J) discipline management practices or behavior |
---|
889 | 891 | | management techniques under Section 37.0021; |
---|
890 | 892 | | (K) health and safety under Chapter 38; |
---|
891 | 893 | | (L) public school accountability under |
---|
892 | 894 | | Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A; |
---|
893 | 895 | | (M) the requirement under Section 21.006 to |
---|
894 | 896 | | report an educator's misconduct; |
---|
895 | 897 | | (N) intensive programs of instruction under |
---|
896 | 898 | | Section 28.0213; |
---|
897 | 899 | | (O) the right of a school employee to report a |
---|
898 | 900 | | crime, as provided by Section 37.148; |
---|
899 | 901 | | (P) bullying prevention policies and procedures |
---|
900 | 902 | | under Section 37.0832; |
---|
901 | 903 | | (Q) the right of a school under Section 37.0052 |
---|
902 | 904 | | to place a student who has engaged in certain bullying behavior in a |
---|
903 | 905 | | disciplinary alternative education program or to expel the student; |
---|
904 | 906 | | (R) the right under Section 37.0151 to report to |
---|
905 | 907 | | local law enforcement certain conduct constituting assault or |
---|
906 | 908 | | harassment; |
---|
907 | 909 | | (S) a parent's right to information regarding the |
---|
908 | 910 | | provision of assistance for learning difficulties to the parent's |
---|
909 | 911 | | child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d); |
---|
910 | 912 | | (T) establishment of residency under Section |
---|
911 | 913 | | 25.001; |
---|
912 | 914 | | (U) [(T)] school safety requirements under |
---|
913 | 915 | | Sections 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.115, |
---|
914 | 916 | | 37.207, and 37.2071; |
---|
915 | 917 | | (V) [(T)] the early childhood literacy and |
---|
916 | 918 | | mathematics proficiency plans under Section 11.185; and |
---|
917 | 919 | | (W) [(U)] the college, career, and military |
---|
918 | 920 | | readiness plans under Section 11.186. |
---|
919 | 921 | | SECTION 5.004. Section 21.410, Education Code, as amended |
---|
920 | 922 | | by Chapter 439 (S.B. 1376), Acts of the 86th Legislature, Regular |
---|
921 | 923 | | Session, 2019, is repealed to conform to the repeal of Section |
---|
922 | 924 | | 21.410, Education Code, by Chapter 943 (H.B. 3), Acts of the 86th |
---|
923 | 925 | | Legislature, Regular Session, 2019. |
---|
924 | 926 | | SECTION 5.005. Section 21.451(d-3), Education Code, is |
---|
925 | 927 | | amended to correct a reference to read as follows: |
---|
926 | 928 | | (d-3) The digital learning training provided by Subsection |
---|
927 | 929 | | (d)(1)(C) [(d)(1)(E)] must: |
---|
928 | 930 | | (1) discuss basic technology proficiency expectations |
---|
929 | 931 | | and methods to increase an educator's digital literacy; and |
---|
930 | 932 | | (2) assist an educator in the use of digital |
---|
931 | 933 | | technology in learning activities that improve teaching, |
---|
932 | 934 | | assessment, and instructional practices. |
---|
933 | 935 | | SECTION 5.006. Section 28.004(c), Education Code, as |
---|
934 | 936 | | amended by Chapters 331 (S.B. 435), 352 (H.B. 18), and 464 (S.B. |
---|
935 | 937 | | 11), Acts of the 86th Legislature, Regular Session, 2019, is |
---|
936 | 938 | | reenacted and amended to read as follows: |
---|
937 | 939 | | (c) The local school health advisory council's duties |
---|
938 | 940 | | include recommending: |
---|
939 | 941 | | (1) the number of hours of instruction to be provided |
---|
940 | 942 | | in: |
---|
941 | 943 | | (A) health education in kindergarten through |
---|
942 | 944 | | grade eight; and |
---|
943 | 945 | | (B) if the school district requires health |
---|
944 | 946 | | education for high school graduation, health education, including |
---|
945 | 947 | | physical health education and mental health education, in grades 9 |
---|
946 | 948 | | through 12; |
---|
947 | 949 | | (2) policies, procedures, strategies, and curriculum |
---|
948 | 950 | | appropriate for specific grade levels designed to prevent physical |
---|
949 | 951 | | health concerns, including obesity, cardiovascular disease, Type 2 |
---|
950 | 952 | | diabetes, and mental health concerns, including suicide, through |
---|
951 | 953 | | coordination of: |
---|
952 | 954 | | (A) health education, which must address |
---|
953 | 955 | | physical health concerns and mental health concerns to ensure the |
---|
954 | 956 | | integration of physical health education and mental health |
---|
955 | 957 | | education; |
---|
956 | 958 | | (B) physical education and physical activity; |
---|
957 | 959 | | (C) nutrition services; |
---|
958 | 960 | | (D) parental involvement; |
---|
959 | 961 | | (E) instruction on substance abuse prevention; |
---|
960 | 962 | | (F) school health services, including mental |
---|
961 | 963 | | health services; |
---|
962 | 964 | | (G) a comprehensive school counseling program |
---|
963 | 965 | | under Section 33.005; |
---|
964 | 966 | | (H) a safe and healthy school environment; and |
---|
965 | 967 | | (I) school employee wellness; |
---|
966 | 968 | | (3) appropriate grade levels and methods of |
---|
967 | 969 | | instruction for human sexuality instruction; |
---|
968 | 970 | | (4) strategies for integrating the curriculum |
---|
969 | 971 | | components specified by Subdivision (2) with the following elements |
---|
970 | 972 | | in a coordinated school health program for the district: |
---|
971 | 973 | | (A) school health services, including physical |
---|
972 | 974 | | health services and mental health services, if provided at a campus |
---|
973 | 975 | | by the district or by a third party under a contract with the |
---|
974 | 976 | | district; |
---|
975 | 977 | | (B) a comprehensive school counseling program |
---|
976 | 978 | | under Section 33.005; |
---|
977 | 979 | | (C) a safe and healthy school environment; and |
---|
978 | 980 | | (D) school employee wellness; |
---|
979 | 981 | | (5) if feasible, joint use agreements or strategies |
---|
980 | 982 | | for collaboration between the school district and community |
---|
981 | 983 | | organizations or agencies; [and] |
---|
982 | 984 | | (6) strategies to increase parental awareness |
---|
983 | 985 | | regarding: |
---|
984 | 986 | | (A) risky behaviors and early warning signs of |
---|
985 | 987 | | suicide risks and behavioral health concerns, including mental |
---|
986 | 988 | | health disorders and substance use disorders; and |
---|
987 | 989 | | (B) available community programs and services |
---|
988 | 990 | | that address risky behaviors, suicide risks, and behavioral health |
---|
989 | 991 | | concerns; and |
---|
990 | 992 | | (7) [(6)] appropriate grade levels and curriculum for |
---|
991 | 993 | | instruction regarding opioid addiction and abuse and methods of |
---|
992 | 994 | | administering an opioid antagonist, as defined by Section 483.101, |
---|
993 | 995 | | Health and Safety Code. |
---|
994 | 996 | | SECTION 5.007. Section 28.009(b-2), Education Code, as |
---|
995 | 997 | | amended by Chapters 264 (S.B. 1276) and 901 (H.B. 3650), Acts of the |
---|
996 | 998 | | 86th Legislature, Regular Session, 2019, is reenacted and amended |
---|
997 | 999 | | to read as follows: |
---|
998 | 1000 | | (b-2) Any agreement, including a memorandum of |
---|
999 | 1001 | | understanding or articulation agreement, between a school district |
---|
1000 | 1002 | | and public institution of higher education to provide a dual credit |
---|
1001 | 1003 | | program described by Subsection (b-1) must: |
---|
1002 | 1004 | | (1) include specific program goals aligned with the |
---|
1003 | 1005 | | statewide goals developed under Subsection (b-1); |
---|
1004 | 1006 | | (2) establish common advising strategies and |
---|
1005 | 1007 | | terminology related to dual credit and college readiness; |
---|
1006 | 1008 | | (3) provide for the alignment of endorsements |
---|
1007 | 1009 | | described by Section 28.025(c-1) offered by the district, and dual |
---|
1008 | 1010 | | credit courses offered under the agreement that apply towards those |
---|
1009 | 1011 | | endorsements, with postsecondary pathways and credentials at the |
---|
1010 | 1012 | | institution and industry certifications; |
---|
1011 | 1013 | | (4) identify tools, including tools developed by the |
---|
1012 | 1014 | | agency, the Texas Higher Education Coordinating Board, or the Texas |
---|
1013 | 1015 | | Workforce Commission, to assist school counselors, students, and |
---|
1014 | 1016 | | families in selecting endorsements offered by the district and dual |
---|
1015 | 1017 | | credit courses offered under the agreement; |
---|
1016 | 1018 | | (5) establish, or provide a procedure for |
---|
1017 | 1019 | | establishing, the course credits that may be earned under the |
---|
1018 | 1020 | | agreement, including by developing a course equivalency crosswalk |
---|
1019 | 1021 | | or other method for equating high school courses with college |
---|
1020 | 1022 | | courses and identifying the number of credits that may be earned for |
---|
1021 | 1023 | | each course completed through the program; |
---|
1022 | 1024 | | (6) describe the academic supports and, if applicable, |
---|
1023 | 1025 | | guidance that will be provided to students participating in the |
---|
1024 | 1026 | | program; |
---|
1025 | 1027 | | (7) establish the district's and the institution's |
---|
1026 | 1028 | | respective roles and responsibilities in providing the program and |
---|
1027 | 1029 | | ensuring the quality and instructional rigor of the program; |
---|
1028 | 1030 | | (8) state the sources of funding for courses offered |
---|
1029 | 1031 | | under the program, including, at a minimum, the sources of funding |
---|
1030 | 1032 | | for tuition, transportation, and any required fees or textbooks for |
---|
1031 | 1033 | | students participating in the program; |
---|
1032 | 1034 | | (9) require the district and the institution to |
---|
1033 | 1035 | | consider the use of free or low-cost open educational resources in |
---|
1034 | 1036 | | courses offered under the program; and |
---|
1035 | 1037 | | (10) [(7)] be posted each year on the district's and |
---|
1036 | 1038 | | the institution's respective Internet websites. |
---|
1037 | 1039 | | SECTION 5.008. Section 29.081(d), Education Code, as |
---|
1038 | 1040 | | amended by Chapters 403 (S.B. 1746), 597 (S.B. 668), and 1060 (H.B. |
---|
1039 | 1041 | | 1051), Acts of the 86th Legislature, Regular Session, 2019, is |
---|
1040 | 1042 | | reenacted and amended to read as follows: |
---|
1041 | 1043 | | (d) For purposes of this section, "student at risk of |
---|
1042 | 1044 | | dropping out of school" includes each student who: |
---|
1043 | 1045 | | (1) is under 26 years of age and who: |
---|
1044 | 1046 | | (A) was not advanced from one grade level to the |
---|
1045 | 1047 | | next for one or more school years; |
---|
1046 | 1048 | | (B) if the student is in grade 7, 8, 9, 10, 11, or |
---|
1047 | 1049 | | 12, did not maintain an average equivalent to 70 on a scale of 100 in |
---|
1048 | 1050 | | two or more subjects in the foundation curriculum during a semester |
---|
1049 | 1051 | | in the preceding or current school year or is not maintaining such |
---|
1050 | 1052 | | an average in two or more subjects in the foundation curriculum in |
---|
1051 | 1053 | | the current semester; |
---|
1052 | 1054 | | (C) did not perform satisfactorily on an |
---|
1053 | 1055 | | assessment instrument administered to the student under Subchapter |
---|
1054 | 1056 | | B, Chapter 39, and who has not in the previous or current school |
---|
1055 | 1057 | | year subsequently performed on that instrument or another |
---|
1056 | 1058 | | appropriate instrument at a level equal to at least 110 percent of |
---|
1057 | 1059 | | the level of satisfactory performance on that instrument; |
---|
1058 | 1060 | | (D) if the student is in prekindergarten, |
---|
1059 | 1061 | | kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on |
---|
1060 | 1062 | | a readiness test or assessment instrument administered during the |
---|
1061 | 1063 | | current school year; |
---|
1062 | 1064 | | (E) is pregnant or is a parent; |
---|
1063 | 1065 | | (F) has been placed in an alternative education |
---|
1064 | 1066 | | program in accordance with Section 37.006 during the preceding or |
---|
1065 | 1067 | | current school year; |
---|
1066 | 1068 | | (G) has been expelled in accordance with Section |
---|
1067 | 1069 | | 37.007 during the preceding or current school year; |
---|
1068 | 1070 | | (H) is currently on parole, probation, deferred |
---|
1069 | 1071 | | prosecution, or other conditional release; |
---|
1070 | 1072 | | (I) was previously reported through the Public |
---|
1071 | 1073 | | Education Information Management System (PEIMS) to have dropped out |
---|
1072 | 1074 | | of school; |
---|
1073 | 1075 | | (J) is a student of limited English proficiency, |
---|
1074 | 1076 | | as defined by Section 29.052; |
---|
1075 | 1077 | | (K) is in the custody or care of the Department of |
---|
1076 | 1078 | | Family and Protective Services or has, during the current school |
---|
1077 | 1079 | | year, been referred to the department by a school official, officer |
---|
1078 | 1080 | | of the juvenile court, or law enforcement official; |
---|
1079 | 1081 | | (L) is homeless; |
---|
1080 | 1082 | | (M) resided in the preceding school year or |
---|
1081 | 1083 | | resides in the current school year in a residential placement |
---|
1082 | 1084 | | facility in the district, including a detention facility, substance |
---|
1083 | 1085 | | abuse treatment facility, emergency shelter, psychiatric hospital, |
---|
1084 | 1086 | | halfway house, cottage home operation, specialized child-care |
---|
1085 | 1087 | | home, or general residential operation; or |
---|
1086 | 1088 | | (N) [(14)] has been incarcerated or has a parent |
---|
1087 | 1089 | | or guardian who has been incarcerated, within the lifetime of the |
---|
1088 | 1090 | | student, in a penal institution as defined by Section 1.07, Penal |
---|
1089 | 1091 | | Code; or |
---|
1090 | 1092 | | (2) regardless of the student's age, participates in |
---|
1091 | 1093 | | an adult education program provided under a high school diploma and |
---|
1092 | 1094 | | industry certification charter school program under Section |
---|
1093 | 1095 | | 29.259. |
---|
1094 | 1096 | | SECTION 5.009. Section 29.316(c), Education Code, as added |
---|
1095 | 1097 | | by Chapter 1036 (H.B. 548), Acts of the 86th Legislature, Regular |
---|
1096 | 1098 | | Session, 2019, is amended to conform to the transfer and |
---|
1097 | 1099 | | redesignation of Section 42.151, Education Code, by Chapter 943 |
---|
1098 | 1100 | | (H.B. 3), Acts of the 86th Legislature, Regular Session, 2019, to |
---|
1099 | 1101 | | read as follows: |
---|
1100 | 1102 | | (c) Not later than August 31 of each year, the agency, the |
---|
1101 | 1103 | | division, and the center jointly shall prepare and post on the |
---|
1102 | 1104 | | agency's, the division's, and the center's respective Internet |
---|
1103 | 1105 | | websites a report on the language acquisition of children eight |
---|
1104 | 1106 | | years of age or younger who are deaf or hard of hearing. The report |
---|
1105 | 1107 | | must: |
---|
1106 | 1108 | | (1) include: |
---|
1107 | 1109 | | (A) existing data reported in compliance with |
---|
1108 | 1110 | | federal law regarding children with disabilities; and |
---|
1109 | 1111 | | (B) information relating to the language |
---|
1110 | 1112 | | acquisition of children who are deaf or hard of hearing and also |
---|
1111 | 1113 | | have other disabilities; |
---|
1112 | 1114 | | (2) state for each child: |
---|
1113 | 1115 | | (A) the instructional arrangement used with the |
---|
1114 | 1116 | | child, as described by Section 48.102 [42.151], including the time |
---|
1115 | 1117 | | the child spends in a mainstream instructional arrangement; |
---|
1116 | 1118 | | (B) the specific language acquisition services |
---|
1117 | 1119 | | provided to the child, including: |
---|
1118 | 1120 | | (i) the time spent providing those |
---|
1119 | 1121 | | services; and |
---|
1120 | 1122 | | (ii) a description of any hearing |
---|
1121 | 1123 | | amplification used in the delivery of those services, including: |
---|
1122 | 1124 | | (a) the type of hearing amplification |
---|
1123 | 1125 | | used; |
---|
1124 | 1126 | | (b) the period of time in which the |
---|
1125 | 1127 | | child has had access to the hearing amplification; and |
---|
1126 | 1128 | | (c) the average amount of time the |
---|
1127 | 1129 | | child uses the hearing amplification each day; |
---|
1128 | 1130 | | (C) the tools or assessments used to assess the |
---|
1129 | 1131 | | child's language acquisition and the results obtained; |
---|
1130 | 1132 | | (D) the preferred unique communication mode used |
---|
1131 | 1133 | | by the child at home; and |
---|
1132 | 1134 | | (E) the child's age, race, and gender, the age at |
---|
1133 | 1135 | | which the child was identified as being deaf or hard of hearing, and |
---|
1134 | 1136 | | any other relevant demographic information the commissioner |
---|
1135 | 1137 | | determines to likely be correlated with or have an impact on the |
---|
1136 | 1138 | | child's language acquisition; |
---|
1137 | 1139 | | (3) compare progress in English literacy made by |
---|
1138 | 1140 | | children who are deaf or hard of hearing to progress in that subject |
---|
1139 | 1141 | | made by children of the same age who are not deaf or hard of hearing, |
---|
1140 | 1142 | | by appropriate age range; and |
---|
1141 | 1143 | | (4) be redacted as necessary to comply with state and |
---|
1142 | 1144 | | federal law regarding the confidentiality of student medical or |
---|
1143 | 1145 | | educational information. |
---|
1144 | 1146 | | SECTION 5.010. Sections 37.108(b-1) and (f), Education |
---|
1145 | 1147 | | Code, are amended to correct references to read as follows: |
---|
1146 | 1148 | | (b-1) In a school district's safety and security audit |
---|
1147 | 1149 | | required under Subsection (b), the district must certify that the |
---|
1148 | 1150 | | district used the funds provided to the district through the school |
---|
1149 | 1151 | | safety allotment under Section 48.115 [42.168] only for the |
---|
1150 | 1152 | | purposes provided by that section. |
---|
1151 | 1153 | | (f) A school district shall include in its multihazard |
---|
1152 | 1154 | | emergency operations plan: |
---|
1153 | 1155 | | (1) a chain of command that designates the individual |
---|
1154 | 1156 | | responsible for making final decisions during a disaster or |
---|
1155 | 1157 | | emergency situation and identifies other individuals responsible |
---|
1156 | 1158 | | for making those decisions if the designated person is unavailable; |
---|
1157 | 1159 | | (2) provisions that address physical and |
---|
1158 | 1160 | | psychological safety for responding to a natural disaster, active |
---|
1159 | 1161 | | shooter, and any other dangerous scenario identified for purposes |
---|
1160 | 1162 | | of this section by the agency or the Texas School Safety Center; |
---|
1161 | 1163 | | (3) provisions for ensuring the safety of students in |
---|
1162 | 1164 | | portable buildings; |
---|
1163 | 1165 | | (4) provisions for ensuring that students and district |
---|
1164 | 1166 | | personnel with disabilities are provided equal access to safety |
---|
1165 | 1167 | | during a disaster or emergency situation; |
---|
1166 | 1168 | | (5) provisions for providing immediate notification |
---|
1167 | 1169 | | to parents, guardians, and other persons standing in parental |
---|
1168 | 1170 | | relation in circumstances involving a significant threat to the |
---|
1169 | 1171 | | health or safety of students, including identification of the |
---|
1170 | 1172 | | individual with responsibility for overseeing the notification; |
---|
1171 | 1173 | | (6) provisions for supporting the psychological |
---|
1172 | 1174 | | safety of students, district personnel, and the community during |
---|
1173 | 1175 | | the response and recovery phase following a disaster or emergency |
---|
1174 | 1176 | | situation that: |
---|
1175 | 1177 | | (A) are aligned with best practice-based |
---|
1176 | 1178 | | programs and research-based practices recommended under Section |
---|
1177 | 1179 | | 38.351 [Section 161.325, Health and Safety Code]; |
---|
1178 | 1180 | | (B) include strategies for ensuring any required |
---|
1179 | 1181 | | professional development training for suicide prevention and |
---|
1180 | 1182 | | grief-informed and trauma-informed care is provided to appropriate |
---|
1181 | 1183 | | school personnel; |
---|
1182 | 1184 | | (C) include training on integrating |
---|
1183 | 1185 | | psychological safety and suicide prevention strategies into the |
---|
1184 | 1186 | | district's plan, such as psychological first aid for schools |
---|
1185 | 1187 | | training, from an approved list of recommended training established |
---|
1186 | 1188 | | by the commissioner and Texas School Safety Center for: |
---|
1187 | 1189 | | (i) members of the district's school safety |
---|
1188 | 1190 | | and security committee under Section 37.109; |
---|
1189 | 1191 | | (ii) district school counselors and mental |
---|
1190 | 1192 | | health professionals; and |
---|
1191 | 1193 | | (iii) educators and other district |
---|
1192 | 1194 | | personnel as determined by the district; |
---|
1193 | 1195 | | (D) include strategies and procedures for |
---|
1194 | 1196 | | integrating and supporting physical and psychological safety that |
---|
1195 | 1197 | | align with the provisions described by Subdivision (2); and |
---|
1196 | 1198 | | (E) implement trauma-informed policies; |
---|
1197 | 1199 | | (7) a policy for providing a substitute teacher access |
---|
1198 | 1200 | | to school campus buildings and materials necessary for the |
---|
1199 | 1201 | | substitute teacher to carry out the duties of a district employee |
---|
1200 | 1202 | | during an emergency or a mandatory emergency drill; and |
---|
1201 | 1203 | | (8) the name of each individual on the district's |
---|
1202 | 1204 | | school safety and security committee established under Section |
---|
1203 | 1205 | | 37.109 and the date of each committee meeting during the preceding |
---|
1204 | 1206 | | year. |
---|
1205 | 1207 | | SECTION 5.011. Section 37.115(k), Education Code, is |
---|
1206 | 1208 | | amended to correct a reference to read as follows: |
---|
1207 | 1209 | | (k) A team must report to the agency in accordance with |
---|
1208 | 1210 | | guidelines developed by the agency the following information |
---|
1209 | 1211 | | regarding the team's activities and other information for each |
---|
1210 | 1212 | | school district campus the team serves: |
---|
1211 | 1213 | | (1) the occupation of each person appointed to the |
---|
1212 | 1214 | | team; |
---|
1213 | 1215 | | (2) the number of threats and a description of the type |
---|
1214 | 1216 | | of the threats reported to the team; |
---|
1215 | 1217 | | (3) the outcome of each assessment made by the team, |
---|
1216 | 1218 | | including: |
---|
1217 | 1219 | | (A) any disciplinary action taken, including a |
---|
1218 | 1220 | | change in school placement; |
---|
1219 | 1221 | | (B) any action taken by law enforcement; or |
---|
1220 | 1222 | | (C) a referral to or change in counseling, mental |
---|
1221 | 1223 | | health, special education, or other services; |
---|
1222 | 1224 | | (4) the total number, disaggregated by student gender, |
---|
1223 | 1225 | | race, and status as receiving special education services, being at |
---|
1224 | 1226 | | risk of dropping out of school, being in foster care, experiencing |
---|
1225 | 1227 | | homelessness, being a dependent of military personnel, being |
---|
1226 | 1228 | | pregnant or a parent, having limited English proficiency, or being |
---|
1227 | 1229 | | a migratory child, of, in connection with an assessment or reported |
---|
1228 | 1230 | | threat by the team: |
---|
1229 | 1231 | | (A) citations issued for Class C misdemeanor |
---|
1230 | 1232 | | offenses; |
---|
1231 | 1233 | | (B) arrests; |
---|
1232 | 1234 | | (C) incidents of uses of restraint; |
---|
1233 | 1235 | | (D) changes in school placement, including |
---|
1234 | 1236 | | placement in a juvenile justice alternative education program or |
---|
1235 | 1237 | | disciplinary alternative education program; |
---|
1236 | 1238 | | (E) referrals to or changes in counseling, mental |
---|
1237 | 1239 | | health, special education, or other services; |
---|
1238 | 1240 | | (F) placements in in-school suspension or |
---|
1239 | 1241 | | out-of-school suspension and incidents of expulsion; |
---|
1240 | 1242 | | (G) unexcused absences of 15 or more days during |
---|
1241 | 1243 | | the school year; and |
---|
1242 | 1244 | | (H) referrals to juvenile court for truancy; and |
---|
1243 | 1245 | | (5) the number and percentage of school personnel |
---|
1244 | 1246 | | trained in: |
---|
1245 | 1247 | | (A) a best-practices program or research-based |
---|
1246 | 1248 | | practice under Section 38.351 [Section 161.325, Health and Safety |
---|
1247 | 1249 | | Code], including the number and percentage of school personnel |
---|
1248 | 1250 | | trained in: |
---|
1249 | 1251 | | (i) suicide prevention; or |
---|
1250 | 1252 | | (ii) grief and trauma-informed practices; |
---|
1251 | 1253 | | (B) mental health or psychological first aid for |
---|
1252 | 1254 | | schools; |
---|
1253 | 1255 | | (C) training relating to the safe and supportive |
---|
1254 | 1256 | | school program established under Subsection (b); or |
---|
1255 | 1257 | | (D) any other program relating to safety |
---|
1256 | 1258 | | identified by the commissioner. |
---|
1257 | 1259 | | SECTION 5.012. Section 38.036(c), Education Code, is |
---|
1258 | 1260 | | amended to correct a reference to read as follows: |
---|
1259 | 1261 | | (c) The methods under Subsection (b)(1) for increasing |
---|
1260 | 1262 | | awareness and implementation of trauma-informed care must include |
---|
1261 | 1263 | | training as provided by this subsection. The training must be |
---|
1262 | 1264 | | provided: |
---|
1263 | 1265 | | (1) through a program selected from the list of |
---|
1264 | 1266 | | recommended best practice-based programs and research-based |
---|
1265 | 1267 | | practices established under Section 38.351 [Section 161.325, |
---|
1266 | 1268 | | Health and Safety Code]; |
---|
1267 | 1269 | | (2) as part of any new employee orientation for all new |
---|
1268 | 1270 | | school district educators; and |
---|
1269 | 1271 | | (3) to existing school district educators on a |
---|
1270 | 1272 | | schedule adopted by the agency by rule that requires educators to be |
---|
1271 | 1273 | | trained at intervals necessary to keep educators informed of |
---|
1272 | 1274 | | developments in the field. |
---|
1273 | 1275 | | SECTION 5.013. Section 38.308, Education Code, is amended |
---|
1274 | 1276 | | to correct a reference to read as follows: |
---|
1275 | 1277 | | Sec. 38.308. DUTIES OF TASK FORCE. The task force shall: |
---|
1276 | 1278 | | (1) gather data on: |
---|
1277 | 1279 | | (A) the number of students enrolled in each |
---|
1278 | 1280 | | school district and open-enrollment charter school; |
---|
1279 | 1281 | | (B) the number of individuals to whom each school |
---|
1280 | 1282 | | district or open-enrollment charter school provides the mental |
---|
1281 | 1283 | | health services described by Section 38.302(1); |
---|
1282 | 1284 | | (C) the number of individuals for whom each |
---|
1283 | 1285 | | school district or open-enrollment charter school has the resources |
---|
1284 | 1286 | | to provide the mental health services described by Section |
---|
1285 | 1287 | | 38.302(1); |
---|
1286 | 1288 | | (D) the number of individuals described by |
---|
1287 | 1289 | | Paragraph (B) who are referred to an inpatient or outpatient mental |
---|
1288 | 1290 | | health provider; |
---|
1289 | 1291 | | (E) the number of individuals who are transported |
---|
1290 | 1292 | | from each school district or open-enrollment charter school for an |
---|
1291 | 1293 | | emergency detention under Chapter 573, Health and Safety Code; and |
---|
1292 | 1294 | | (F) the race, ethnicity, gender, special |
---|
1293 | 1295 | | education status, educationally disadvantaged status, and |
---|
1294 | 1296 | | geographic location of: |
---|
1295 | 1297 | | (i) individuals who are provided the mental |
---|
1296 | 1298 | | health services described by Section 38.302(1); |
---|
1297 | 1299 | | (ii) individuals who are described by |
---|
1298 | 1300 | | Paragraph (D); and |
---|
1299 | 1301 | | (iii) individuals who are described by |
---|
1300 | 1302 | | Paragraph (E); and |
---|
1301 | 1303 | | (2) study, evaluate, and make recommendations |
---|
1302 | 1304 | | regarding the mental health services described by Section |
---|
1303 | 1305 | | 38.302(1), the training described by Section 38.302(2), and the |
---|
1304 | 1306 | | impact of those mental health services, as described by Section |
---|
1305 | 1307 | | 38.302(3), including addressing: |
---|
1306 | 1308 | | (A) the outcomes and the effectiveness of the |
---|
1307 | 1309 | | services and training provided, including the outcomes and |
---|
1308 | 1310 | | effectiveness of the service and training providers and the |
---|
1309 | 1311 | | programs under which services and training are provided, in: |
---|
1310 | 1312 | | (i) improving student academic achievement |
---|
1311 | 1313 | | and attendance; |
---|
1312 | 1314 | | (ii) reducing student disciplinary |
---|
1313 | 1315 | | proceedings, suspensions, placements in a disciplinary alternative |
---|
1314 | 1316 | | education program, and expulsions; and |
---|
1315 | 1317 | | (iii) delivering prevention and |
---|
1316 | 1318 | | intervention services to promote early mental health skills, |
---|
1317 | 1319 | | including: |
---|
1318 | 1320 | | (a) building skills relating to |
---|
1319 | 1321 | | managing emotions, establishing and maintaining positive |
---|
1320 | 1322 | | relationships, and making responsible decisions; |
---|
1321 | 1323 | | (b) preventing substance abuse; |
---|
1322 | 1324 | | (c) preventing suicides; |
---|
1323 | 1325 | | (d) adhering to the purpose of the |
---|
1324 | 1326 | | relevant program services or training; |
---|
1325 | 1327 | | (e) promoting trauma-informed |
---|
1326 | 1328 | | practices; |
---|
1327 | 1329 | | (f) promoting a positive school |
---|
1328 | 1330 | | climate, as defined by Section 38.351(d) [Section 161.325(a-3), |
---|
1329 | 1331 | | Health and Safety Code], in the district or school; and |
---|
1330 | 1332 | | (g) improving physical and emotional |
---|
1331 | 1333 | | safety and well-being in the district or school and reducing |
---|
1332 | 1334 | | violence in the district or school; |
---|
1333 | 1335 | | (B) best practices for districts and schools in |
---|
1334 | 1336 | | implementing the services or training; |
---|
1335 | 1337 | | (C) disparities in the race, ethnicity, gender, |
---|
1336 | 1338 | | special education status, and geographic location of individuals |
---|
1337 | 1339 | | receiving the services; and |
---|
1338 | 1340 | | (D) best practices to replicate the services or |
---|
1339 | 1341 | | training for all districts and schools. |
---|
1340 | 1342 | | SECTION 5.014. (a) Section 38.351, Education Code, is |
---|
1341 | 1343 | | amended to conform to Chapter 464 (S.B. 11), Acts of the 86th |
---|
1342 | 1344 | | Legislature, Regular Session, 2019, by adding Subsection (i-1) and |
---|
1343 | 1345 | | amending Subsections (j) and (k) to read as follows: |
---|
1344 | 1346 | | (i-1) A school district may develop practices and |
---|
1345 | 1347 | | procedures concerning each area listed in Subsection (c), including |
---|
1346 | 1348 | | mental health promotion and intervention, substance abuse |
---|
1347 | 1349 | | prevention and intervention, and suicide prevention, that include a |
---|
1348 | 1350 | | procedure for providing educational material to all parents and |
---|
1349 | 1351 | | families in the district that contains information on identifying |
---|
1350 | 1352 | | risk factors, accessing resources for treatment or support provided |
---|
1351 | 1353 | | on and off campus, and accessing available student accommodations |
---|
1352 | 1354 | | provided on campus. |
---|
1353 | 1355 | | (j) The practices and procedures developed under Subsection |
---|
1354 | 1356 | | (i) or (i-1): |
---|
1355 | 1357 | | (1) may address multiple areas listed in Subsection |
---|
1356 | 1358 | | (c) together; and |
---|
1357 | 1359 | | (2) must prohibit the use without the prior consent of |
---|
1358 | 1360 | | a student's parent or guardian of a medical screening of the student |
---|
1359 | 1361 | | as part of the process of identifying whether the student is |
---|
1360 | 1362 | | possibly in need of early mental health or substance abuse |
---|
1361 | 1363 | | intervention or suicide prevention. |
---|
1362 | 1364 | | (k) The practices and procedures developed under Subsection |
---|
1363 | 1365 | | (i) or (i-1) must be included in: |
---|
1364 | 1366 | | (1) the annual student handbook; and |
---|
1365 | 1367 | | (2) the district improvement plan under Section |
---|
1366 | 1368 | | 11.252. |
---|
1367 | 1369 | | (b) Section 23, Chapter 464 (S.B. 11), Acts of the 86th |
---|
1368 | 1370 | | Legislature, Regular Session, 2019, which amended Section |
---|
1369 | 1371 | | 161.325(d), Health and Safety Code, is repealed. |
---|
1370 | 1372 | | SECTION 5.015. Section 39.059, Education Code, as added by |
---|
1371 | 1373 | | Chapters 870 (H.B. 3007) and 871 (H.B. 3011), Acts of the 86th |
---|
1372 | 1374 | | Legislature, Regular Session, 2019, is reenacted and amended to |
---|
1373 | 1375 | | read as follows: |
---|
1374 | 1376 | | Sec. 39.059. DATA TRANSPARENCY. (a) In this section: |
---|
1375 | 1377 | | (1) "Coordinating board" means the Texas Higher |
---|
1376 | 1378 | | Education Coordinating Board. |
---|
1377 | 1379 | | (2) "Institution of higher education" has the meaning |
---|
1378 | 1380 | | assigned by Section 61.003. |
---|
1379 | 1381 | | (b) Before the initial release of academic accountability |
---|
1380 | 1382 | | ratings for a school year:[,] |
---|
1381 | 1383 | | (1) the coordinating board shall provide to each |
---|
1382 | 1384 | | school district a copy of all source data as submitted to the |
---|
1383 | 1385 | | coordinating board by an institution of higher education that the |
---|
1384 | 1386 | | coordinating board provides to the agency to consider in: |
---|
1385 | 1387 | | (A) [(1)] determining the district's |
---|
1386 | 1388 | | accreditation status under Section 39.052; or |
---|
1387 | 1389 | | (B) [(2)] assigning performance ratings for the |
---|
1388 | 1390 | | district or the district's campuses under Section 39.054; and[.] |
---|
1389 | 1391 | | (2) the agency shall provide to each school district a |
---|
1390 | 1392 | | copy of all source data as submitted to the agency by an entity |
---|
1391 | 1393 | | other than the district that the agency considers in: |
---|
1392 | 1394 | | (A) [(1)] determining the district's |
---|
1393 | 1395 | | accreditation status under Section 39.052; or |
---|
1394 | 1396 | | (B) [(2)] assigning performance ratings for the |
---|
1395 | 1397 | | district or the district's campuses under Section 39.054. |
---|
1396 | 1398 | | SECTION 5.016. Section 39.413, Education Code, as amended |
---|
1397 | 1399 | | by Chapter 943 (H.B. 3), Acts of the 86th Legislature, Regular |
---|
1398 | 1400 | | Session, 2019, is repealed to conform to the repeal of Section |
---|
1399 | 1401 | | 39.413, Education Code, by Chapter 439 (S.B. 1376), Acts of the 86th |
---|
1400 | 1402 | | Legislature, Regular Session, 2019. |
---|
1401 | 1403 | | SECTION 5.017. Section 39A.002, Education Code, is amended |
---|
1402 | 1404 | | to codify text inadvertently omitted from Chapter 467 (H.B. 4170), |
---|
1403 | 1405 | | Acts of the 86th Legislature, Regular Session, 2019, and to conform |
---|
1404 | 1406 | | to Section 15, Chapter 925 (S.B. 1566), Acts of the 85th |
---|
1405 | 1407 | | Legislature, Regular Session, 2017, to read as follows: |
---|
1406 | 1408 | | Sec. 39A.002. AUTHORIZED COMMISSIONER ACTIONS. If a school |
---|
1407 | 1409 | | district is subject to commissioner action under Section 39A.001, |
---|
1408 | 1410 | | the commissioner may: |
---|
1409 | 1411 | | (1) issue public notice of the deficiency to the board |
---|
1410 | 1412 | | of trustees of the district; |
---|
1411 | 1413 | | (2) order a hearing to be conducted by the board of |
---|
1412 | 1414 | | trustees of the district to notify the public of: |
---|
1413 | 1415 | | (A) the insufficient performance; |
---|
1414 | 1416 | | (B) the improvements in performance expected by |
---|
1415 | 1417 | | the agency; and |
---|
1416 | 1418 | | (C) the interventions and sanctions that may be |
---|
1417 | 1419 | | imposed under this subchapter if the performance does not improve; |
---|
1418 | 1420 | | (3) order the preparation of a student achievement |
---|
1419 | 1421 | | improvement plan that addresses each academic achievement |
---|
1420 | 1422 | | indicator under Section 39.053(c) for which the district's |
---|
1421 | 1423 | | performance is insufficient, the submission of the plan to the |
---|
1422 | 1424 | | commissioner for approval, and the implementation of the plan; |
---|
1423 | 1425 | | (4) order a hearing to be held before the commissioner |
---|
1424 | 1426 | | or the commissioner's designee at which the president of the board |
---|
1425 | 1427 | | of trustees of the district and the district's superintendent shall |
---|
1426 | 1428 | | appear and explain the district's low performance, lack of |
---|
1427 | 1429 | | improvement, and plans for improvement; |
---|
1428 | 1430 | | (5) arrange a monitoring review of the district; |
---|
1429 | 1431 | | (6) appoint an agency monitor to participate in and |
---|
1430 | 1432 | | report to the agency on the activities of the board of trustees of |
---|
1431 | 1433 | | the district or superintendent; |
---|
1432 | 1434 | | (7) appoint a conservator to oversee the operations of |
---|
1433 | 1435 | | the district; |
---|
1434 | 1436 | | (8) appoint a management team to direct the operations |
---|
1435 | 1437 | | of the district in areas of insufficient performance or require the |
---|
1436 | 1438 | | district to obtain certain services under a contract with another |
---|
1437 | 1439 | | person; [or] |
---|
1438 | 1440 | | (9) authorize the district to enter into a memorandum |
---|
1439 | 1441 | | of understanding with an institution of higher education that |
---|
1440 | 1442 | | provides for the assistance of the institution of higher education |
---|
1441 | 1443 | | in improving the district's performance; or |
---|
1442 | 1444 | | (10) [(12)] order the use of the board improvement and |
---|
1443 | 1445 | | evaluation tool as provided by Section 11.182. |
---|
1444 | 1446 | | SECTION 5.018. Section 45.0032(d), Education Code, is |
---|
1445 | 1447 | | amended to conform to Chapter 943 (H.B. 3), Acts of the 86th |
---|
1446 | 1448 | | Legislature, Regular Session, 2019, to read as follows: |
---|
1447 | 1449 | | (d) For a district to which Section 26.08(a-1), Tax Code, |
---|
1448 | 1450 | | applies, the amount by which the district's maintenance tax rate |
---|
1449 | 1451 | | exceeds the district's voter-approval tax rate, excluding the |
---|
1450 | 1452 | | district's current debt rate under Section 26.08(n)(3) |
---|
1451 | 1453 | | [26.08(n)(1)(C)], Tax Code, for the preceding year is not |
---|
1452 | 1454 | | considered in determining a district's tier one maintenance and |
---|
1453 | 1455 | | operations tax rate under Subsection (a) or the district's |
---|
1454 | 1456 | | enrichment tax rate under Subsection (b) for the current tax year. |
---|
1455 | 1457 | | SECTION 5.019. (a) Section 48.009, Education Code, is |
---|
1456 | 1458 | | amended to conform to Chapters 1036 (H.B. 548) and 1060 (H.B. 1051), |
---|
1457 | 1459 | | Acts of the 86th Legislature, Regular Session, 2019, by adding |
---|
1458 | 1460 | | Subsections (b-1), (b-2), and (b-3) to read as follows: |
---|
1459 | 1461 | | (b-1) The commissioner by rule shall require each school |
---|
1460 | 1462 | | district and open-enrollment charter school to report through the |
---|
1461 | 1463 | | Public Education Information Management System information |
---|
1462 | 1464 | | disaggregated by campus and grade regarding: |
---|
1463 | 1465 | | (1) the number of children who are required to attend |
---|
1464 | 1466 | | school under Section 25.085, are not exempted under Section 25.086, |
---|
1465 | 1467 | | and fail to attend school without excuse for 10 or more days or |
---|
1466 | 1468 | | parts of days within a six-month period in the same school year; |
---|
1467 | 1469 | | (2) the number of students for whom the district |
---|
1468 | 1470 | | initiates a truancy prevention measure under Section 25.0915(a-4); |
---|
1469 | 1471 | | and |
---|
1470 | 1472 | | (3) the number of parents of students against whom an |
---|
1471 | 1473 | | attendance officer or other appropriate school official has filed a |
---|
1472 | 1474 | | complaint under Section 25.093. |
---|
1473 | 1475 | | (b-2) The commissioner by rule shall require each school |
---|
1474 | 1476 | | district and open-enrollment charter school to annually report |
---|
1475 | 1477 | | through the Public Education Information Management System |
---|
1476 | 1478 | | information regarding the number of students who are enrolled in a |
---|
1477 | 1479 | | high school equivalency program, a dropout recovery school, or an |
---|
1478 | 1480 | | adult education program provided under a high school diploma and |
---|
1479 | 1481 | | industry certification charter school program provided by the |
---|
1480 | 1482 | | district or school and who: |
---|
1481 | 1483 | | (1) are at least 18 years of age and under 26 years of |
---|
1482 | 1484 | | age; |
---|
1483 | 1485 | | (2) have not previously been reported to the agency as |
---|
1484 | 1486 | | dropouts; and |
---|
1485 | 1487 | | (3) enroll in the program at the district or school |
---|
1486 | 1488 | | after not attending school for a period of at least nine months. |
---|
1487 | 1489 | | (b-3) A student reported under Subsection (b-2) as having |
---|
1488 | 1490 | | enrolled in a high school equivalency program, a dropout recovery |
---|
1489 | 1491 | | school, or an adult education program provided under a high school |
---|
1490 | 1492 | | diploma and industry certification charter school program must be |
---|
1491 | 1493 | | reported through the Public Education Information Management |
---|
1492 | 1494 | | System as having previously dropped out of school. |
---|
1493 | 1495 | | (b) Section 39.053(g-4), Education Code, is amended to |
---|
1494 | 1496 | | correct a reference to read as follows: |
---|
1495 | 1497 | | (g-4) For purposes of the computation of dropout and |
---|
1496 | 1498 | | completion rates such as high school graduation rates under |
---|
1497 | 1499 | | Subsection (c)(1)(B)(ix), the commissioner shall exclude a student |
---|
1498 | 1500 | | who was reported as having dropped out of school under Section |
---|
1499 | 1501 | | 48.009(b-3) [42.006(a-9)], and the student may not be considered to |
---|
1500 | 1502 | | have dropped out from the school district or campus in which the |
---|
1501 | 1503 | | student was last enrolled. |
---|
1502 | 1504 | | (c) The following provisions, which amended Section 42.006, |
---|
1503 | 1505 | | Education Code, are repealed: |
---|
1504 | 1506 | | (1) Section 2, Chapter 1036 (H.B. 548), Acts of the |
---|
1505 | 1507 | | 86th Legislature, Regular Session, 2019; and |
---|
1506 | 1508 | | (2) Section 8, Chapter 1060 (H.B. 1051), Acts of the |
---|
1507 | 1509 | | 86th Legislature, Regular Session, 2019. |
---|
1508 | 1510 | | SECTION 5.020. Section 42.168, Education Code, as added by |
---|
1509 | 1511 | | Chapter 464 (S.B. 11), Acts of the 86th Legislature, Regular |
---|
1510 | 1512 | | Session, 2019, is transferred to Subchapter C, Chapter 48, |
---|
1511 | 1513 | | Education Code, redesignated as Section 48.115, Education Code, and |
---|
1512 | 1514 | | amended to conform to changes made by Chapter 943 (H.B. 3), Acts of |
---|
1513 | 1515 | | the 86th Legislature, Regular Session, 2019, to read as follows: |
---|
1514 | 1516 | | Sec. 48.115 [42.168]. SCHOOL SAFETY ALLOTMENT. (a) From |
---|
1515 | 1517 | | funds appropriated for that purpose, the commissioner shall provide |
---|
1516 | 1518 | | to a school district an annual allotment in the amount provided by |
---|
1517 | 1519 | | appropriation for each student in average daily attendance. |
---|
1518 | 1520 | | (b) Funds allocated under this section must be used to |
---|
1519 | 1521 | | improve school safety and security, including costs associated |
---|
1520 | 1522 | | with: |
---|
1521 | 1523 | | (1) securing school facilities, including: |
---|
1522 | 1524 | | (A) improvements to school infrastructure; |
---|
1523 | 1525 | | (B) the use or installation of physical barriers; |
---|
1524 | 1526 | | and |
---|
1525 | 1527 | | (C) the purchase and maintenance of: |
---|
1526 | 1528 | | (i) security cameras or other security |
---|
1527 | 1529 | | equipment; and |
---|
1528 | 1530 | | (ii) technology, including communications |
---|
1529 | 1531 | | systems or devices, that facilitates communication and information |
---|
1530 | 1532 | | sharing between students, school personnel, and first responders in |
---|
1531 | 1533 | | an emergency; |
---|
1532 | 1534 | | (2) providing security for the district, including: |
---|
1533 | 1535 | | (A) employing school district peace officers, |
---|
1534 | 1536 | | private security officers, and school marshals; and |
---|
1535 | 1537 | | (B) collaborating with local law enforcement |
---|
1536 | 1538 | | agencies, such as entering into a memorandum of understanding for |
---|
1537 | 1539 | | the assignment of school resource officers to schools in the |
---|
1538 | 1540 | | district; |
---|
1539 | 1541 | | (3) school safety and security training and planning, |
---|
1540 | 1542 | | including: |
---|
1541 | 1543 | | (A) active shooter and emergency response |
---|
1542 | 1544 | | training; |
---|
1543 | 1545 | | (B) prevention and treatment programs relating |
---|
1544 | 1546 | | to addressing adverse childhood experiences; and |
---|
1545 | 1547 | | (C) the prevention, identification, and |
---|
1546 | 1548 | | management of emergencies and threats, including: |
---|
1547 | 1549 | | (i) providing mental health personnel and |
---|
1548 | 1550 | | support; |
---|
1549 | 1551 | | (ii) providing behavioral health services; |
---|
1550 | 1552 | | and |
---|
1551 | 1553 | | (iii) establishing threat reporting |
---|
1552 | 1554 | | systems; and |
---|
1553 | 1555 | | (4) providing programs related to suicide prevention, |
---|
1554 | 1556 | | intervention, and postvention. |
---|
1555 | 1557 | | (c) A school district may use funds allocated under this |
---|
1556 | 1558 | | section for equipment or software that is used for a school safety |
---|
1557 | 1559 | | and security purpose and an instructional purpose, provided that |
---|
1558 | 1560 | | the instructional use does not compromise the safety and security |
---|
1559 | 1561 | | purpose of the equipment or software. |
---|
1560 | 1562 | | (d) A school district that is required to take action under |
---|
1561 | 1563 | | Chapter 49 [41] to reduce its local revenue level [wealth per |
---|
1562 | 1564 | | student] to the [equalized wealth] level established under Section |
---|
1563 | 1565 | | 48.257 is entitled to a credit, in the amount of the allotments to |
---|
1564 | 1566 | | which the district is to receive as provided by appropriation, |
---|
1565 | 1567 | | against the total amount required under Section 49.153 [41.093] for |
---|
1566 | 1568 | | the district to purchase attendance credit [credits]. |
---|
1567 | 1569 | | (e) The commissioner may adopt rules to implement this |
---|
1568 | 1570 | | section. |
---|
1569 | 1571 | | SECTION 5.021. Section 51.256(c), Education Code, is |
---|
1570 | 1572 | | amended to conform to Chapter 469 (H.B. 4173), Acts of the 86th |
---|
1571 | 1573 | | Legislature, Regular Session, 2019, to read as follows: |
---|
1572 | 1574 | | (c) Nothing in this section may be construed as prohibiting |
---|
1573 | 1575 | | a victim from making a report to a law enforcement agency using the |
---|
1574 | 1576 | | pseudonym form described by Article 58.102 [57.02], Code of |
---|
1575 | 1577 | | Criminal Procedure. |
---|
1576 | 1578 | | SECTION 5.022. Sections 59.01(1) and (3), Education Code, |
---|
1577 | 1579 | | as amended by Chapters 8 (H.B. 826), 225 (H.B. 1592), and 294 (H.B. |
---|
1578 | 1580 | | 2867), Acts of the 86th Legislature, Regular Session, 2019, are |
---|
1579 | 1581 | | reenacted and amended to read as follows: |
---|
1580 | 1582 | | (1) "Health care professional staff members or |
---|
1581 | 1583 | | students" means: |
---|
1582 | 1584 | | (A) physicians, dentists, veterinarians, |
---|
1583 | 1585 | | podiatrists, physician assistants, nurses, pharmacists, and other |
---|
1584 | 1586 | | health care providers who: |
---|
1585 | 1587 | | (i) are appointed to the faculty or |
---|
1586 | 1588 | | employed by or volunteer for The University of Texas System, The |
---|
1587 | 1589 | | Texas A&M University System, the Texas Tech University System, the |
---|
1588 | 1590 | | Texas State University System, [the Sam Houston State University |
---|
1589 | 1591 | | College of Osteopathic Medicine,] the University of Houston System, |
---|
1590 | 1592 | | [the University of Houston College of Medicine,] Stephen F. Austin |
---|
1591 | 1593 | | State University, or the University of North Texas System; and |
---|
1592 | 1594 | | (ii) either: |
---|
1593 | 1595 | | (a) are appointed or employed on a |
---|
1594 | 1596 | | full-time basis; or |
---|
1595 | 1597 | | (b) are appointed or volunteer on a |
---|
1596 | 1598 | | part-time basis and who devote their total professional service to |
---|
1597 | 1599 | | providing health services or provide services to patients by |
---|
1598 | 1600 | | assignment from the department chairman; and |
---|
1599 | 1601 | | (B) interns, residents, fellows, medical |
---|
1600 | 1602 | | students, dental students, veterinary students, students of |
---|
1601 | 1603 | | osteopathic medicine, nursing students, pharmacy students, and |
---|
1602 | 1604 | | students of any other health care profession that requires a |
---|
1603 | 1605 | | license, certificate, or other authorization under Title 3, |
---|
1604 | 1606 | | Occupations Code, participating in a patient-care program in The |
---|
1605 | 1607 | | University of Texas System, The Texas A&M University System, the |
---|
1606 | 1608 | | Texas Tech University System, the Texas State University System, |
---|
1607 | 1609 | | [the Sam Houston State University College of Osteopathic Medicine,] |
---|
1608 | 1610 | | the University of Houston System, [the University of Houston |
---|
1609 | 1611 | | College of Medicine,] Stephen F. Austin State University, or the |
---|
1610 | 1612 | | University of North Texas System. |
---|
1611 | 1613 | | (3) "Board" means the board of regents of The |
---|
1612 | 1614 | | University of Texas System, the board of regents of The Texas A&M |
---|
1613 | 1615 | | University System, the board of regents of the Texas Tech |
---|
1614 | 1616 | | University System, the board of regents of the Texas State |
---|
1615 | 1617 | | University System, the board of regents of the University of |
---|
1616 | 1618 | | Houston System, the board of regents of Stephen F. Austin State |
---|
1617 | 1619 | | University, or the board of regents of the University of North Texas |
---|
1618 | 1620 | | System. |
---|
1619 | 1621 | | SECTION 5.023. Sections 59.02(a) and (c), Education Code, |
---|
1620 | 1622 | | as amended by Chapters 8 (H.B. 826), 225 (H.B. 1592), and 294 (H.B. |
---|
1621 | 1623 | | 2867), Acts of the 86th Legislature, Regular Session, 2019, are |
---|
1622 | 1624 | | reenacted and amended to read as follows: |
---|
1623 | 1625 | | (a) Each board may establish a separate self-insurance fund |
---|
1624 | 1626 | | to pay any damages adjudged in a court of competent jurisdiction or |
---|
1625 | 1627 | | a settlement of any health care liability claim against a health |
---|
1626 | 1628 | | care professional staff member or student arising from the exercise |
---|
1627 | 1629 | | of the member's or student's appointment, duties, or training with |
---|
1628 | 1630 | | The University of Texas System, The Texas A&M University System, |
---|
1629 | 1631 | | the Texas Tech University System, the Texas State University |
---|
1630 | 1632 | | System, [the Sam Houston State University College of Osteopathic |
---|
1631 | 1633 | | Medicine,] the University of Houston System, [the University of |
---|
1632 | 1634 | | Houston College of Medicine,] Stephen F. Austin State University, |
---|
1633 | 1635 | | or the University of North Texas System. |
---|
1634 | 1636 | | (c) On the establishment of each fund, transfers to the fund |
---|
1635 | 1637 | | shall be made in an amount and at such intervals as determined by |
---|
1636 | 1638 | | the board. Each board may receive and accept any gifts or donations |
---|
1637 | 1639 | | specified for the purposes of this subchapter and deposit those |
---|
1638 | 1640 | | gifts or donations into the fund. Each board may invest money |
---|
1639 | 1641 | | deposited in the fund, and any income received shall be retained in |
---|
1640 | 1642 | | the fund. The money shall be deposited in any of the approved |
---|
1641 | 1643 | | depository banks of The University of Texas System, The Texas A&M |
---|
1642 | 1644 | | University System, the Texas Tech University System, the Texas |
---|
1643 | 1645 | | State University System, the University of Houston System, Stephen |
---|
1644 | 1646 | | F. Austin State University, or the University of North Texas |
---|
1645 | 1647 | | System. All expenditures from the funds shall be paid pursuant to |
---|
1646 | 1648 | | approval by the boards. |
---|
1647 | 1649 | | SECTION 5.024. Section 59.06, Education Code, as amended by |
---|
1648 | 1650 | | Chapters 8 (H.B. 826) and 225 (H.B. 1592), Acts of the 86th |
---|
1649 | 1651 | | Legislature, Regular Session, 2019, is reenacted and amended to |
---|
1650 | 1652 | | read as follows: |
---|
1651 | 1653 | | Sec. 59.06. LIMITATION ON APPROPRIATED FUNDS. Funds |
---|
1652 | 1654 | | appropriated by the legislature to The University of Texas System, |
---|
1653 | 1655 | | The Texas A&M University System, the Texas Tech University System, |
---|
1654 | 1656 | | the Texas State University System, the University of Houston |
---|
1655 | 1657 | | System, [to the University of Houston for the University of Houston |
---|
1656 | 1658 | | College of Medicine,] Stephen F. Austin State University, or the |
---|
1657 | 1659 | | University of North Texas System from the General Revenue Fund may |
---|
1658 | 1660 | | not be used to establish or maintain the fund, to purchase |
---|
1659 | 1661 | | insurance, or to employ private legal counsel. |
---|
1660 | 1662 | | SECTION 5.025. Section 63.002(c), Education Code, as |
---|
1661 | 1663 | | amended by Chapters 8 (H.B. 826), 294 (H.B. 2867), and 517 (S.B. |
---|
1662 | 1664 | | 479), Acts of the 86th Legislature, Regular Session, 2019, is |
---|
1663 | 1665 | | reenacted and amended to read as follows: |
---|
1664 | 1666 | | (c) The amount available for distribution from the fund may |
---|
1665 | 1667 | | be appropriated only for programs that benefit medical research, |
---|
1666 | 1668 | | health education, or treatment programs at the following |
---|
1667 | 1669 | | health-related institutions of higher education: |
---|
1668 | 1670 | | (1) The University of Texas Health Science Center at |
---|
1669 | 1671 | | San Antonio; |
---|
1670 | 1672 | | (2) The University of Texas M. D. Anderson Cancer |
---|
1671 | 1673 | | Center; |
---|
1672 | 1674 | | (3) The University of Texas Southwestern Medical |
---|
1673 | 1675 | | Center; |
---|
1674 | 1676 | | (4) The University of Texas Medical Branch at |
---|
1675 | 1677 | | Galveston; |
---|
1676 | 1678 | | (5) The University of Texas Health Science Center at |
---|
1677 | 1679 | | Houston; |
---|
1678 | 1680 | | (6) The University of Texas Health Science Center at |
---|
1679 | 1681 | | Tyler; |
---|
1680 | 1682 | | (7) The University of Texas Health Science |
---|
1681 | 1683 | | Center--South Texas and its component institutions, if established |
---|
1682 | 1684 | | under Subchapter N, Chapter 74; |
---|
1683 | 1685 | | (8) The Texas A&M University Health Science Center; |
---|
1684 | 1686 | | (9) the University of North Texas Health Science |
---|
1685 | 1687 | | Center at Fort Worth; |
---|
1686 | 1688 | | (10) the Texas Tech University Health Sciences Center; |
---|
1687 | 1689 | | (11) the Texas Tech University Health Sciences Center |
---|
1688 | 1690 | | at El Paso; |
---|
1689 | 1691 | | (12) the University of Houston College of Medicine; |
---|
1690 | 1692 | | [and] |
---|
1691 | 1693 | | (13) the Sam Houston State University College of |
---|
1692 | 1694 | | Osteopathic Medicine; [and] |
---|
1693 | 1695 | | (14) the Dell Medical School at The University of |
---|
1694 | 1696 | | Texas at Austin; and |
---|
1695 | 1697 | | (15) [(13)] Baylor College of Medicine, if a contract |
---|
1696 | 1698 | | between Baylor College of Medicine and the Texas Higher Education |
---|
1697 | 1699 | | Coordinating Board is in effect under Section 61.092. |
---|
1698 | 1700 | | ARTICLE 6. CHANGES RELATING TO ELECTION CODE |
---|
1699 | 1701 | | SECTION 6.001. Section 13.004(c), Election Code, as amended |
---|
1700 | 1702 | | by Chapters 469 (H.B. 4173), 489 (H.B. 3100), and 1146 (H.B. 2910), |
---|
1701 | 1703 | | Acts of the 86th Legislature, Regular Session, 2019, is reenacted |
---|
1702 | 1704 | | to read as follows: |
---|
1703 | 1705 | | (c) The following information furnished on a registration |
---|
1704 | 1706 | | application is confidential and does not constitute public |
---|
1705 | 1707 | | information for purposes of Chapter 552, Government Code: |
---|
1706 | 1708 | | (1) a social security number; |
---|
1707 | 1709 | | (2) a Texas driver's license number; |
---|
1708 | 1710 | | (3) a number of a personal identification card issued |
---|
1709 | 1711 | | by the Department of Public Safety; |
---|
1710 | 1712 | | (4) an indication that an applicant is interested in |
---|
1711 | 1713 | | working as an election judge; |
---|
1712 | 1714 | | (5) the residence address of the applicant, if the |
---|
1713 | 1715 | | applicant is a federal judge or state judge, the spouse of a federal |
---|
1714 | 1716 | | judge or state judge, the spouse of a peace officer as defined by |
---|
1715 | 1717 | | Article 2.12, Code of Criminal Procedure, or an individual to whom |
---|
1716 | 1718 | | Section 552.1175, Government Code, or Section 521.1211, |
---|
1717 | 1719 | | Transportation Code, applies and the applicant: |
---|
1718 | 1720 | | (A) included an affidavit with the registration |
---|
1719 | 1721 | | application describing the applicant's status under this |
---|
1720 | 1722 | | subdivision, if the applicant is a federal judge or state judge or |
---|
1721 | 1723 | | the spouse of a federal judge or state judge; |
---|
1722 | 1724 | | (B) provided the registrar with an affidavit |
---|
1723 | 1725 | | describing the applicant's status under this subdivision, if the |
---|
1724 | 1726 | | applicant is a federal judge or state judge or the spouse of a |
---|
1725 | 1727 | | federal judge or state judge; or |
---|
1726 | 1728 | | (C) provided the registrar with a completed form |
---|
1727 | 1729 | | approved by the secretary of state for the purpose of notifying the |
---|
1728 | 1730 | | registrar of the applicant's status under this subdivision; |
---|
1729 | 1731 | | (6) the residence address of the applicant, if the |
---|
1730 | 1732 | | applicant, the applicant's child, or another person in the |
---|
1731 | 1733 | | applicant's household is a victim of family violence as defined by |
---|
1732 | 1734 | | Section 71.004, Family Code, who provided the registrar with: |
---|
1733 | 1735 | | (A) a copy of a protective order issued under |
---|
1734 | 1736 | | Chapter 85, Family Code, or a magistrate's order for emergency |
---|
1735 | 1737 | | protection issued under Article 17.292, Code of Criminal Procedure; |
---|
1736 | 1738 | | or |
---|
1737 | 1739 | | (B) other independent documentary evidence |
---|
1738 | 1740 | | necessary to show that the applicant, the applicant's child, or |
---|
1739 | 1741 | | another person in the applicant's household is a victim of family |
---|
1740 | 1742 | | violence; |
---|
1741 | 1743 | | (7) the residence address of the applicant, if the |
---|
1742 | 1744 | | applicant, the applicant's child, or another person in the |
---|
1743 | 1745 | | applicant's household is a victim of sexual assault or abuse, |
---|
1744 | 1746 | | stalking, or trafficking of persons who provided the registrar |
---|
1745 | 1747 | | with: |
---|
1746 | 1748 | | (A) a copy of a protective order issued under |
---|
1747 | 1749 | | Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a |
---|
1748 | 1750 | | magistrate's order for emergency protection issued under Article |
---|
1749 | 1751 | | 17.292, Code of Criminal Procedure; or |
---|
1750 | 1752 | | (B) other independent documentary evidence |
---|
1751 | 1753 | | necessary to show that the applicant, the applicant's child, or |
---|
1752 | 1754 | | another person in the applicant's household is a victim of sexual |
---|
1753 | 1755 | | assault or abuse, stalking, or trafficking of persons; |
---|
1754 | 1756 | | (8) the residence address of the applicant, if the |
---|
1755 | 1757 | | applicant: |
---|
1756 | 1758 | | (A) is a participant in the address |
---|
1757 | 1759 | | confidentiality program administered by the attorney general under |
---|
1758 | 1760 | | Subchapter B, Chapter 58, Code of Criminal Procedure; and |
---|
1759 | 1761 | | (B) provided the registrar with proof of |
---|
1760 | 1762 | | certification under Article 58.059, Code of Criminal Procedure; or |
---|
1761 | 1763 | | (9) the telephone number of any applicant submitting |
---|
1762 | 1764 | | documentation under Subdivision (5), (6), (7), or (8). |
---|
1763 | 1765 | | SECTION 6.002. Section 87.121, Election Code, as amended by |
---|
1764 | 1766 | | Chapters 1083 (H.B. 1850) and 1215 (S.B. 902), Acts of the 86th |
---|
1765 | 1767 | | Legislature, Regular Session, 2019, is reenacted and amended to |
---|
1766 | 1768 | | read as follows: |
---|
1767 | 1769 | | Sec. 87.121. EARLY VOTING ROSTERS. (a) The early voting |
---|
1768 | 1770 | | clerk shall maintain for each election a roster listing each person |
---|
1769 | 1771 | | who votes an early voting ballot by personal appearance and a roster |
---|
1770 | 1772 | | listing each person to whom an early voting ballot to be voted by |
---|
1771 | 1773 | | mail is sent. |
---|
1772 | 1774 | | (b) For each person listed, the applicable roster must |
---|
1773 | 1775 | | include: |
---|
1774 | 1776 | | (1) the person's name, address, and voter registration |
---|
1775 | 1777 | | number; |
---|
1776 | 1778 | | (2) an identification of the person's county election |
---|
1777 | 1779 | | precinct of registration; and |
---|
1778 | 1780 | | (3) the date of voting or the date the ballot was |
---|
1779 | 1781 | | mailed to the person, as applicable. |
---|
1780 | 1782 | | (c) Each roster shall be updated daily. |
---|
1781 | 1783 | | (d) Each roster may be maintained in any form approved by |
---|
1782 | 1784 | | the secretary of state. |
---|
1783 | 1785 | | (e) The clerk shall preserve each roster after the election |
---|
1784 | 1786 | | for the period for preserving the precinct election records. |
---|
1785 | 1787 | | (f) Information on the roster for a person to whom an early |
---|
1786 | 1788 | | voting mail ballot has been sent is not available for public |
---|
1787 | 1789 | | inspection, except to the voter seeking to verify that the |
---|
1788 | 1790 | | information pertaining to the voter is accurate, until the first |
---|
1789 | 1791 | | business day after election day. |
---|
1790 | 1792 | | (g) Information on the roster for a person who votes an |
---|
1791 | 1793 | | early voting ballot by personal appearance shall be made available |
---|
1792 | 1794 | | for public inspection as provided by Subsection (i) not later than |
---|
1793 | 1795 | | 11 a.m. on the day after the date the information is entered on the |
---|
1794 | 1796 | | roster under Subsection (c). |
---|
1795 | 1797 | | (h) Information on the roster for a person who votes an |
---|
1796 | 1798 | | early voting ballot by mail shall be made available for public |
---|
1797 | 1799 | | inspection as provided by Subsection (i) not later than 11 a.m. on |
---|
1798 | 1800 | | the day following the day the early voting clerk receives a ballot |
---|
1799 | 1801 | | voted by mail. |
---|
1800 | 1802 | | (i) The information under Subsections (g) and (h) must be |
---|
1801 | 1803 | | made available: |
---|
1802 | 1804 | | (1) for an election in which the county clerk is the |
---|
1803 | 1805 | | early voting clerk: |
---|
1804 | 1806 | | (A) on the publicly accessible Internet website |
---|
1805 | 1807 | | of the county; or |
---|
1806 | 1808 | | (B) if the county does not maintain a website, on |
---|
1807 | 1809 | | the bulletin board used for posting notice of meetings of the |
---|
1808 | 1810 | | commissioners court; or |
---|
1809 | 1811 | | (2) for an election not described by Subdivision (1): |
---|
1810 | 1812 | | (A) on the publicly accessible Internet website |
---|
1811 | 1813 | | of the authority ordering the election; or |
---|
1812 | 1814 | | (B) if the authority ordering the election does |
---|
1813 | 1815 | | not maintain a website, on the bulletin board used for posting |
---|
1814 | 1816 | | notice of meetings of the governing body of the authority. |
---|
1815 | 1817 | | (j) [(i)] The early voting clerk for a primary election or |
---|
1816 | 1818 | | the general election for state and county officers shall submit to |
---|
1817 | 1819 | | the secretary of state for posting on the secretary of state's |
---|
1818 | 1820 | | Internet website the information described by: |
---|
1819 | 1821 | | (1) Subsection (g) not later than 11 a.m. on the day |
---|
1820 | 1822 | | after the date the information is entered on the roster under |
---|
1821 | 1823 | | Subsection (c); and |
---|
1822 | 1824 | | (2) Subsection (h) not later than 11 a.m. on the day |
---|
1823 | 1825 | | following the day the early voting clerk receives a ballot voted by |
---|
1824 | 1826 | | mail. |
---|
1825 | 1827 | | (k) [(j)] The secretary of state shall [make any early |
---|
1826 | 1828 | | voting roster created under this section available to the public on |
---|
1827 | 1829 | | the secretary's Internet website. |
---|
1828 | 1830 | | [(j) The secretary of state shall] post the information |
---|
1829 | 1831 | | described by Subsection (j) [(i)] on the secretary of state's |
---|
1830 | 1832 | | Internet website in a downloadable format. |
---|
1831 | 1833 | | (l) [(k)] The secretary of state shall create a system for |
---|
1832 | 1834 | | an early voting clerk for a primary election or the general election |
---|
1833 | 1835 | | for state and county officers to provide the information to the |
---|
1834 | 1836 | | secretary of state for posting on the secretary of state's Internet |
---|
1835 | 1837 | | website under Subsection (j) [(i)]. |
---|
1836 | 1838 | | SECTION 6.003. Section 172.113(e), Election Code, is |
---|
1837 | 1839 | | amended to read as follows: |
---|
1838 | 1840 | | (e) On completing the tabulation, the authority shall: |
---|
1839 | 1841 | | (1) deliver it to the general custodian; or |
---|
1840 | 1842 | | (2) post the tabulation on: |
---|
1841 | 1843 | | (A) [on] the county's website; and |
---|
1842 | 1844 | | (B) if required by secretary of state rule, the |
---|
1843 | 1845 | | secretary of state's website. |
---|
1844 | 1846 | | ARTICLE 7. CHANGES RELATING TO FAMILY CODE |
---|
1845 | 1847 | | SECTION 7.001. Section 33.006, Family Code, is amended to |
---|
1846 | 1848 | | correct a reference to read as follows: |
---|
1847 | 1849 | | Sec. 33.006. GUARDIAN AD LITEM IMMUNITY. A guardian ad |
---|
1848 | 1850 | | litem appointed under this chapter and acting in the course and |
---|
1849 | 1851 | | scope of the appointment is not liable for damages arising from an |
---|
1850 | 1852 | | act or omission of the guardian ad litem committed in good faith. |
---|
1851 | 1853 | | The immunity granted by this section does not apply if the conduct |
---|
1852 | 1854 | | of the guardian ad litem is committed in a manner described by |
---|
1853 | 1855 | | Sections 107.009(b)(1)-(3) [107.003(b)(1)-(4)]. |
---|
1854 | 1856 | | ARTICLE 8. CHANGES RELATING TO FINANCE CODE |
---|
1855 | 1857 | | SECTION 8.001. Section 184.003(e), Finance Code, is amended |
---|
1856 | 1858 | | to conform to Section 23, Chapter 528 (H.B. 2155), Acts of the 77th |
---|
1857 | 1859 | | Legislature, Regular Session, 2001, to read as follows: |
---|
1858 | 1860 | | (e) Subject to the exercise of prudent judgment, a state |
---|
1859 | 1861 | | trust company may invest its secondary capital in real property. |
---|
1860 | 1862 | | The factors to be considered by a state trust company in exercise of |
---|
1861 | 1863 | | prudent judgment include the factors contained in Section |
---|
1862 | 1864 | | 184.101(e) [184.101(f)]. |
---|
1863 | 1865 | | ARTICLE 9. CHANGES RELATING TO GOVERNMENT CODE |
---|
1864 | 1866 | | PART A. GENERAL CHANGES |
---|
1865 | 1867 | | SECTION 9.001. Section 25.0202(a), Government Code, as |
---|
1866 | 1868 | | amended by Chapters 606 (S.B. 891) and 696 (S.B. 2342), Acts of the |
---|
1867 | 1869 | | 86th Legislature, Regular Session, 2019, is reenacted and amended |
---|
1868 | 1870 | | to read as follows: |
---|
1869 | 1871 | | (a) In addition to the jurisdiction provided by Section |
---|
1870 | 1872 | | 25.0003 and other law, a county court at law in Bosque County has |
---|
1871 | 1873 | | concurrent jurisdiction with the district court in: |
---|
1872 | 1874 | | (1) family law cases and proceedings; [and] |
---|
1873 | 1875 | | (2) contested probate matters under Section 32.003, |
---|
1874 | 1876 | | Estates Code; and |
---|
1875 | 1877 | | (3) [(4)] felony cases transferred from the district |
---|
1876 | 1878 | | court to conduct arraignments, pretrial hearings, and motions to |
---|
1877 | 1879 | | adjudicate or revoke and to accept guilty pleas. |
---|
1878 | 1880 | | SECTION 9.002. Section 54.101(b), Government Code, as added |
---|
1879 | 1881 | | by Chapter 355 (H.B. 452), Acts of the 86th Legislature, Regular |
---|
1880 | 1882 | | Session, 2019, is repealed as duplicative of Section 54.101(b), |
---|
1881 | 1883 | | Government Code, as added by Chapter 606 (S.B. 891), Acts of the |
---|
1882 | 1884 | | 86th Legislature, Regular Session, 2019. |
---|
1883 | 1885 | | SECTION 9.003. Subtitle I, Title 2, Government Code, is |
---|
1884 | 1886 | | repealed as duplicative of the substantive provisions referenced in |
---|
1885 | 1887 | | the subtitle. |
---|
1886 | 1888 | | SECTION 9.004. The following provisions are repealed as |
---|
1887 | 1889 | | duplicative of Section 418.056, Government Code, as added by |
---|
1888 | 1890 | | Chapter 602 (S.B. 799), Acts of the 86th Legislature, Regular |
---|
1889 | 1891 | | Session, 2019: |
---|
1890 | 1892 | | (1) Section 418.054, Government Code, as added by |
---|
1891 | 1893 | | Chapter 576 (S.B. 289), Acts of the 86th Legislature, Regular |
---|
1892 | 1894 | | Session, 2019; and |
---|
1893 | 1895 | | (2) Section 418.054, Government Code, as added by |
---|
1894 | 1896 | | Chapter 1018 (H.B. 6), Acts of the 86th Legislature, Regular |
---|
1895 | 1897 | | Session, 2019. |
---|
1896 | 1898 | | SECTION 9.005. Section 436.054(b), Government Code, as |
---|
1897 | 1899 | | amended by Chapters 276 (S.B. 2131) and 800 (H.B. 2119), Acts of the |
---|
1898 | 1900 | | 86th Legislature, Regular Session, 2019, is reenacted to read as |
---|
1899 | 1901 | | follows: |
---|
1900 | 1902 | | (b) The commission is a governmental body for purposes of |
---|
1901 | 1903 | | the open meetings law, Chapter 551. Except as otherwise provided by |
---|
1902 | 1904 | | this section, Chapter 551 applies to a meeting of the commission. |
---|
1903 | 1905 | | SECTION 9.006. (a) Sections 478.0001(3) and (7), Government |
---|
1904 | 1906 | | Code, as effective April 1, 2021, are amended to conform to Chapter |
---|
1905 | 1907 | | 1223 (H.B. 2402), Acts of the 86th Legislature, Regular Session, |
---|
1906 | 1908 | | 2019, to read as follows: |
---|
1907 | 1909 | | (3) "Event" means any of the following and includes |
---|
1908 | 1910 | | any activity related to or associated with the following: |
---|
1909 | 1911 | | (A) the Academy of Country Music Awards; |
---|
1910 | 1912 | | (B) the Amateur Athletic Union Junior Olympic |
---|
1911 | 1913 | | Games; |
---|
1912 | 1914 | | (C) a Big 12 Football Conference Championship |
---|
1913 | 1915 | | game; |
---|
1914 | 1916 | | (D) the Breeders' Cup World Championships; |
---|
1915 | 1917 | | (E) [(D)] a game of the College Football Playoff |
---|
1916 | 1918 | | or its successor; |
---|
1917 | 1919 | | (F) a CONVRG conference; |
---|
1918 | 1920 | | (G) [(E)] an Elite Rodeo Association World |
---|
1919 | 1921 | | Championship; |
---|
1920 | 1922 | | (H) [(F)] a Formula One automobile race; |
---|
1921 | 1923 | | (I) [(G)] the largest event held each year at a |
---|
1922 | 1924 | | sports entertainment venue in this state with a permanent seating |
---|
1923 | 1925 | | capacity, including grandstand and premium seating, of at least |
---|
1924 | 1926 | | 125,000; |
---|
1925 | 1927 | | (J) [(H)] the Major League Baseball All-Star |
---|
1926 | 1928 | | Game; |
---|
1927 | 1929 | | (K) [(I)] the Major League Soccer All-Star Game |
---|
1928 | 1930 | | or the Major League Soccer Cup; |
---|
1929 | 1931 | | (L) [(J)] a mixed martial arts championship; |
---|
1930 | 1932 | | (M) [(K)] the Moto Grand Prix of the United |
---|
1931 | 1933 | | States; |
---|
1932 | 1934 | | (N) [(L)] the National Association for Stock Car |
---|
1933 | 1935 | | Auto Racing (NASCAR): |
---|
1934 | 1936 | | (i) All-Star Race; or |
---|
1935 | 1937 | | (ii) season-ending Championship Race; |
---|
1936 | 1938 | | (O) [(M)] the National Basketball Association |
---|
1937 | 1939 | | All-Star Game; |
---|
1938 | 1940 | | (P) [(N)] a National Collegiate Athletic |
---|
1939 | 1941 | | Association Final Four tournament game; |
---|
1940 | 1942 | | (Q) [(O)] the National Collegiate Athletic |
---|
1941 | 1943 | | Association men's or women's lacrosse championships; |
---|
1942 | 1944 | | (R) [(P)] a national collegiate championship of |
---|
1943 | 1945 | | an amateur sport sanctioned by the national governing body of the |
---|
1944 | 1946 | | sport that is recognized by the United States Olympic Committee; |
---|
1945 | 1947 | | (S) [(Q)] the National Cutting Horse Association |
---|
1946 | 1948 | | Triple Crown; |
---|
1947 | 1949 | | (T) [(R)] the National Hockey League All-Star |
---|
1948 | 1950 | | Game; |
---|
1949 | 1951 | | (U) [(S)] a national political convention of the |
---|
1950 | 1952 | | Republican National Committee or the Democratic National |
---|
1951 | 1953 | | Committee; |
---|
1952 | 1954 | | (V) a championship event in the National Reined |
---|
1953 | 1955 | | Cow Horse Association (NRCHA) Championship Series; |
---|
1954 | 1956 | | (W) [(T)] an Olympic activity, including a |
---|
1955 | 1957 | | Junior or Senior activity, training program, or feeder program |
---|
1956 | 1958 | | sanctioned by the United States Olympic Committee's Community |
---|
1957 | 1959 | | Olympic Development Program; |
---|
1958 | 1960 | | (X) [(U)] a presidential general election |
---|
1959 | 1961 | | debate; |
---|
1960 | 1962 | | (Y) [(V)] the Professional Rodeo Cowboys |
---|
1961 | 1963 | | Association National Finals Rodeo; |
---|
1962 | 1964 | | (Z) [(W)] a Super Bowl; |
---|
1963 | 1965 | | (AA) [(X)] the United States Open Championship; |
---|
1964 | 1966 | | (BB) [(Y)] a World Cup soccer game or the World |
---|
1965 | 1967 | | Cup soccer tournament; |
---|
1966 | 1968 | | (CC) [(Z)] the World Games; |
---|
1967 | 1969 | | (DD) a World Wrestling Entertainment |
---|
1968 | 1970 | | WrestleMania event; or |
---|
1969 | 1971 | | (EE) [(AA)] the X Games. |
---|
1970 | 1972 | | (7) "Site selection organization" means: |
---|
1971 | 1973 | | (A) the Academy of Country Music; |
---|
1972 | 1974 | | (B) the Amateur Athletic Union; |
---|
1973 | 1975 | | (C) the Big 12 Conference; |
---|
1974 | 1976 | | (D) the College Football Playoff Administration, |
---|
1975 | 1977 | | LLC, or its successor; |
---|
1976 | 1978 | | (E) [(D)] the Commission on Presidential |
---|
1977 | 1979 | | Debates; |
---|
1978 | 1980 | | (F) [(E)] the Democratic National Committee; |
---|
1979 | 1981 | | (G) [(F)] Dorna Sports; |
---|
1980 | 1982 | | (H) [(G)] the Elite Rodeo Association; |
---|
1981 | 1983 | | (I) Encore Live; |
---|
1982 | 1984 | | (J) [(H)] ESPN or an affiliate; |
---|
1983 | 1985 | | (K) [(I)] the Federation Internationale de |
---|
1984 | 1986 | | Football Association (FIFA); |
---|
1985 | 1987 | | (L) [(J)] the International World Games |
---|
1986 | 1988 | | Association; |
---|
1987 | 1989 | | (M) [(K)] Major League Baseball; |
---|
1988 | 1990 | | (N) [(L)] Major League Soccer; |
---|
1989 | 1991 | | (O) [(M)] the National Association for Stock Car |
---|
1990 | 1992 | | Auto Racing (NASCAR); |
---|
1991 | 1993 | | (P) [(N)] the National Basketball Association; |
---|
1992 | 1994 | | (Q) [(O)] the National Collegiate Athletic |
---|
1993 | 1995 | | Association; |
---|
1994 | 1996 | | (R) [(P)] the National Cutting Horse |
---|
1995 | 1997 | | Association; |
---|
1996 | 1998 | | (S) [(Q)] the National Football League; |
---|
1997 | 1999 | | (T) [(R)] the National Hockey League; |
---|
1998 | 2000 | | (U) the National Reined Cow Horse Association |
---|
1999 | 2001 | | (NRCHA); |
---|
2000 | 2002 | | (V) [(S)] the Professional Rodeo Cowboys |
---|
2001 | 2003 | | Association; |
---|
2002 | 2004 | | (W) [(T)] the Republican National Committee; |
---|
2003 | 2005 | | (X) [(U)] the Ultimate Fighting Championship; |
---|
2004 | 2006 | | (Y) [(V)] the United States Golf Association; |
---|
2005 | 2007 | | (Z) [(W)] the United States Olympic Committee; |
---|
2006 | 2008 | | (AA) World Wrestling Entertainment; or |
---|
2007 | 2009 | | (BB) [(X)] the national governing body of a sport |
---|
2008 | 2010 | | that is recognized by: |
---|
2009 | 2011 | | (i) the Federation Internationale de |
---|
2010 | 2012 | | l'Automobile; |
---|
2011 | 2013 | | (ii) Formula One Management Limited; |
---|
2012 | 2014 | | (iii) the National Thoroughbred Racing |
---|
2013 | 2015 | | Association; or |
---|
2014 | 2016 | | (iv) the United States Olympic Committee. |
---|
2015 | 2017 | | (b) Section 1, Chapter 1223 (H.B. 2402), Acts of the 86th |
---|
2016 | 2018 | | Legislature, Regular Session, 2019, which amended Sections |
---|
2017 | 2019 | | 5A(a)(4) and (5), Chapter 1507 (S.B. 456), Acts of the 76th |
---|
2018 | 2020 | | Legislature, Regular Session, 1999 (Article 5190.14, Vernon's |
---|
2019 | 2021 | | Texas Civil Statutes), is repealed. |
---|
2020 | 2022 | | SECTION 9.007. Section 478.0107, Government Code, as |
---|
2021 | 2023 | | effective April 1, 2021, is amended to codify text inadvertently |
---|
2022 | 2024 | | omitted from Chapter 301 (H.B. 4174), Acts of the 86th Legislature, |
---|
2023 | 2025 | | Regular Session, 2019, by adding Subsection (c) to read as follows: |
---|
2024 | 2026 | | (c) This section does not require disclosure of information |
---|
2025 | 2027 | | that is confidential under Chapter 552 or confidential or |
---|
2026 | 2028 | | privileged under other law. |
---|
2027 | 2029 | | SECTION 9.008. Section 497.010(c), Government Code, is |
---|
2028 | 2030 | | amended to conform to Section 16, Chapter 1250 (H.B. 4181), Acts of |
---|
2029 | 2031 | | the 86th Legislature, Regular Session, 2019, to read as follows: |
---|
2030 | 2032 | | (c) It is an exception to the application of this section |
---|
2031 | 2033 | | that the article or product sold is: |
---|
2032 | 2034 | | (1) a state flag or similar item produced for sale or |
---|
2033 | 2035 | | distribution by the legislature under Section 301.071 [301.034]; or |
---|
2034 | 2036 | | (2) a service provided under a contract for which the |
---|
2035 | 2037 | | Private Sector/Prison Industry Enhancement Certification Program |
---|
2036 | 2038 | | operated by the Bureau of Justice Assistance and authorized by 18 |
---|
2037 | 2039 | | U.S.C. Section 1761 does not require certification. |
---|
2038 | 2040 | | SECTION 9.009. Section 531.0996(e), Government Code, as |
---|
2039 | 2041 | | added by Chapter 973 (S.B. 748), Acts of the 86th Legislature, |
---|
2040 | 2042 | | Regular Session, 2019, is amended to conform to the repeal of |
---|
2041 | 2043 | | Section 531.02176, Government Code, by Chapters 964 (S.B. 670) and |
---|
2042 | 2044 | | 1061 (H.B. 1063), Acts of the 86th Legislature, Regular Session, |
---|
2043 | 2045 | | 2019, to read as follows: |
---|
2044 | 2046 | | (e) The [Notwithstanding Section 531.02176, the] commission |
---|
2045 | 2047 | | may: |
---|
2046 | 2048 | | (1) provide home telemonitoring services and |
---|
2047 | 2049 | | necessary durable medical equipment to pilot program participants |
---|
2048 | 2050 | | who are at risk of experiencing pregnancy-related complications, as |
---|
2049 | 2051 | | determined by a physician, to the extent the commission anticipates |
---|
2050 | 2052 | | the services and equipment will reduce unnecessary emergency room |
---|
2051 | 2053 | | visits or hospitalizations; and |
---|
2052 | 2054 | | (2) reimburse providers under Medicaid for the |
---|
2053 | 2055 | | provision of home telemonitoring services and durable medical |
---|
2054 | 2056 | | equipment under the pilot program. |
---|
2055 | 2057 | | SECTION 9.010. Section 552.117(a), Government Code, as |
---|
2056 | 2058 | | reenacted and amended by Chapters 367 (H.B. 1351), 633 (S.B. 1494), |
---|
2057 | 2059 | | 1146 (H.B. 2910), 1213 (S.B. 662), and 1245 (H.B. 2446), Acts of the |
---|
2058 | 2060 | | 86th Legislature, Regular Session, 2019, is reenacted and amended |
---|
2059 | 2061 | | to read as follows: |
---|
2060 | 2062 | | (a) Information is excepted from the requirements of |
---|
2061 | 2063 | | Section 552.021 if it is information that relates to the home |
---|
2062 | 2064 | | address, home telephone number, emergency contact information, or |
---|
2063 | 2065 | | social security number of the following person or that reveals |
---|
2064 | 2066 | | whether the person has family members: |
---|
2065 | 2067 | | (1) a current or former official or employee of a |
---|
2066 | 2068 | | governmental body, except as otherwise provided by Section 552.024; |
---|
2067 | 2069 | | (2) a peace officer as defined by Article 2.12, Code of |
---|
2068 | 2070 | | Criminal Procedure, or a security officer commissioned under |
---|
2069 | 2071 | | Section 51.212, Education Code, regardless of whether the officer |
---|
2070 | 2072 | | complies with Section 552.024 or 552.1175, as applicable; |
---|
2071 | 2073 | | (3) a current or former employee of the Texas |
---|
2072 | 2074 | | Department of Criminal Justice or of the predecessor in function of |
---|
2073 | 2075 | | the department or any division of the department, regardless of |
---|
2074 | 2076 | | whether the current or former employee complies with Section |
---|
2075 | 2077 | | 552.1175; |
---|
2076 | 2078 | | (4) a peace officer as defined by Article 2.12, Code of |
---|
2077 | 2079 | | Criminal Procedure, or other law, a reserve law enforcement |
---|
2078 | 2080 | | officer, a commissioned deputy game warden, or a corrections |
---|
2079 | 2081 | | officer in a municipal, county, or state penal institution in this |
---|
2080 | 2082 | | state who was killed in the line of duty, regardless of whether the |
---|
2081 | 2083 | | deceased complied with Section 552.024 or 552.1175; |
---|
2082 | 2084 | | (5) a commissioned security officer as defined by |
---|
2083 | 2085 | | Section 1702.002, Occupations Code, regardless of whether the |
---|
2084 | 2086 | | officer complies with Section 552.024 or 552.1175, as applicable; |
---|
2085 | 2087 | | (6) an officer or employee of a community supervision |
---|
2086 | 2088 | | and corrections department established under Chapter 76 who |
---|
2087 | 2089 | | performs a duty described by Section 76.004(b), regardless of |
---|
2088 | 2090 | | whether the officer or employee complies with Section 552.024 or |
---|
2089 | 2091 | | 552.1175; |
---|
2090 | 2092 | | (7) a current or former employee of the office of the |
---|
2091 | 2093 | | attorney general who is or was assigned to a division of that office |
---|
2092 | 2094 | | the duties of which involve law enforcement, regardless of whether |
---|
2093 | 2095 | | the current or former employee complies with Section 552.024 or |
---|
2094 | 2096 | | 552.1175; |
---|
2095 | 2097 | | (8) a current or former employee of the Texas Juvenile |
---|
2096 | 2098 | | Justice Department or of the predecessors in function of the |
---|
2097 | 2099 | | department, regardless of whether the current or former employee |
---|
2098 | 2100 | | complies with Section 552.024 or 552.1175; |
---|
2099 | 2101 | | (9) a current or former juvenile probation or |
---|
2100 | 2102 | | supervision officer certified by the Texas Juvenile Justice |
---|
2101 | 2103 | | Department, or the predecessors in function of the department, |
---|
2102 | 2104 | | under Title 12, Human Resources Code, regardless of whether the |
---|
2103 | 2105 | | current or former officer complies with Section 552.024 or |
---|
2104 | 2106 | | 552.1175; |
---|
2105 | 2107 | | (10) a current or former employee of a juvenile |
---|
2106 | 2108 | | justice program or facility, as those terms are defined by Section |
---|
2107 | 2109 | | 261.405, Family Code, regardless of whether the current or former |
---|
2108 | 2110 | | employee complies with Section 552.024 or 552.1175; |
---|
2109 | 2111 | | (11) a current or former member of the United States |
---|
2110 | 2112 | | Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary |
---|
2111 | 2113 | | service of one of those branches of the armed forces, or the Texas |
---|
2112 | 2114 | | military forces, as that term is defined by Section 437.001; |
---|
2113 | 2115 | | (12) a current or former district attorney, criminal |
---|
2114 | 2116 | | district attorney, or county or municipal attorney whose |
---|
2115 | 2117 | | jurisdiction includes any criminal law or child protective services |
---|
2116 | 2118 | | matters, regardless of whether the current or former attorney |
---|
2117 | 2119 | | complies with Section 552.024 or 552.1175; |
---|
2118 | 2120 | | (13) a current or former employee of a district |
---|
2119 | 2121 | | attorney, criminal district attorney, or county or municipal |
---|
2120 | 2122 | | attorney whose jurisdiction includes any criminal law or child |
---|
2121 | 2123 | | protective services matters, regardless of whether the current or |
---|
2122 | 2124 | | former employee complies with Section 552.024 or 552.1175; |
---|
2123 | 2125 | | (14) a current or former employee of the Texas Civil |
---|
2124 | 2126 | | Commitment Office or of the predecessor in function of the office or |
---|
2125 | 2127 | | a division of the office, regardless of whether the current or |
---|
2126 | 2128 | | former employee complies with Section 552.024 or 552.1175; [or] |
---|
2127 | 2129 | | (15) a current or former federal judge or state judge, |
---|
2128 | 2130 | | as those terms are defined by Section 1.005, Election Code, or a |
---|
2129 | 2131 | | spouse of a current or former federal judge or state judge; |
---|
2130 | 2132 | | (16) a current or former child protective services |
---|
2131 | 2133 | | caseworker, adult protective services caseworker, or investigator |
---|
2132 | 2134 | | for the Department of Family and Protective Services, regardless of |
---|
2133 | 2135 | | whether the caseworker or investigator complies with Section |
---|
2134 | 2136 | | 552.024 or 552.1175, or a current or former employee of a department |
---|
2135 | 2137 | | contractor performing child protective services caseworker, adult |
---|
2136 | 2138 | | protective services caseworker, or investigator functions for the |
---|
2137 | 2139 | | contractor on behalf of the department; [or] |
---|
2138 | 2140 | | (17) [(16)] a state officer elected statewide or a |
---|
2139 | 2141 | | member of the legislature, regardless of whether the officer or |
---|
2140 | 2142 | | member complies with Section 552.024 or 552.1175; |
---|
2141 | 2143 | | (18) [(16)] a current or former United States attorney |
---|
2142 | 2144 | | or assistant United States attorney and the spouse or child of the |
---|
2143 | 2145 | | attorney; or |
---|
2144 | 2146 | | (19) [(16)] a firefighter or volunteer firefighter or |
---|
2145 | 2147 | | emergency medical services personnel as defined by Section 773.003, |
---|
2146 | 2148 | | Health and Safety Code, regardless of whether the firefighter or |
---|
2147 | 2149 | | volunteer firefighter or emergency medical services personnel |
---|
2148 | 2150 | | comply with Section 552.024 or 552.1175, as applicable. |
---|
2149 | 2151 | | SECTION 9.011. Section 552.1175(a), Government Code, as |
---|
2150 | 2152 | | amended by Chapters 367 (H.B. 1351), 633 (S.B. 1494), 1146 (H.B. |
---|
2151 | 2153 | | 2910), 1213 (S.B. 662), and 1245 (H.B. 2446), Acts of the 86th |
---|
2152 | 2154 | | Legislature, Regular Session, 2019, is reenacted and amended to |
---|
2153 | 2155 | | read as follows: |
---|
2154 | 2156 | | (a) This section applies only to: |
---|
2155 | 2157 | | (1) peace officers as defined by Article 2.12, Code of |
---|
2156 | 2158 | | Criminal Procedure, or special investigators as described by |
---|
2157 | 2159 | | Article 2.122, Code of Criminal Procedure; |
---|
2158 | 2160 | | (2) county jailers as defined by Section 1701.001, |
---|
2159 | 2161 | | Occupations Code; |
---|
2160 | 2162 | | (3) current or former employees of the Texas |
---|
2161 | 2163 | | Department of Criminal Justice or of the predecessor in function of |
---|
2162 | 2164 | | the department or any division of the department; |
---|
2163 | 2165 | | (4) commissioned security officers as defined by |
---|
2164 | 2166 | | Section 1702.002, Occupations Code; |
---|
2165 | 2167 | | (5) a current or former district attorney, criminal |
---|
2166 | 2168 | | district attorney, or county or municipal attorney whose |
---|
2167 | 2169 | | jurisdiction includes any criminal law or child protective services |
---|
2168 | 2170 | | matters; |
---|
2169 | 2171 | | (5-a) a current or former employee of a district |
---|
2170 | 2172 | | attorney, criminal district attorney, or county or municipal |
---|
2171 | 2173 | | attorney whose jurisdiction includes any criminal law or child |
---|
2172 | 2174 | | protective services matters; |
---|
2173 | 2175 | | (6) officers and employees of a community supervision |
---|
2174 | 2176 | | and corrections department established under Chapter 76 who perform |
---|
2175 | 2177 | | a duty described by Section 76.004(b); |
---|
2176 | 2178 | | (7) criminal investigators of the United States as |
---|
2177 | 2179 | | described by Article 2.122(a), Code of Criminal Procedure; |
---|
2178 | 2180 | | (8) police officers and inspectors of the United |
---|
2179 | 2181 | | States Federal Protective Service; |
---|
2180 | 2182 | | (9) current and former employees of the office of the |
---|
2181 | 2183 | | attorney general who are or were assigned to a division of that |
---|
2182 | 2184 | | office the duties of which involve law enforcement; |
---|
2183 | 2185 | | (10) current or former juvenile probation and |
---|
2184 | 2186 | | detention officers certified by the Texas Juvenile Justice |
---|
2185 | 2187 | | Department, or the predecessors in function of the department, |
---|
2186 | 2188 | | under Title 12, Human Resources Code; |
---|
2187 | 2189 | | (11) current or former employees of a juvenile justice |
---|
2188 | 2190 | | program or facility, as those terms are defined by Section 261.405, |
---|
2189 | 2191 | | Family Code; |
---|
2190 | 2192 | | (12) current or former employees of the Texas Juvenile |
---|
2191 | 2193 | | Justice Department or the predecessors in function of the |
---|
2192 | 2194 | | department; |
---|
2193 | 2195 | | (13) federal judges and state judges as defined by |
---|
2194 | 2196 | | Section 1.005, Election Code; |
---|
2195 | 2197 | | (14) current or former employees of the Texas Civil |
---|
2196 | 2198 | | Commitment Office or of the predecessor in function of the office or |
---|
2197 | 2199 | | a division of the office; [and] |
---|
2198 | 2200 | | (15) a current or former member of the United States |
---|
2199 | 2201 | | Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary |
---|
2200 | 2202 | | service of one of those branches of the armed forces, or the Texas |
---|
2201 | 2203 | | military forces, as that term is defined by Section 437.001; |
---|
2202 | 2204 | | (16) [(15)] a current or former child protective |
---|
2203 | 2205 | | services caseworker, adult protective services caseworker, or |
---|
2204 | 2206 | | investigator for the Department of Family and Protective Services |
---|
2205 | 2207 | | or a current or former employee of a department contractor |
---|
2206 | 2208 | | performing child protective services caseworker, adult protective |
---|
2207 | 2209 | | services caseworker, or investigator functions for the contractor |
---|
2208 | 2210 | | on behalf of the department; [and] |
---|
2209 | 2211 | | (17) [(15)] state officers elected statewide and |
---|
2210 | 2212 | | members of the legislature; and |
---|
2211 | 2213 | | (18) [(15)] a firefighter or volunteer firefighter or |
---|
2212 | 2214 | | emergency medical services personnel as defined by Section 773.003, |
---|
2213 | 2215 | | Health and Safety Code. |
---|
2214 | 2216 | | SECTION 9.012. Sections 659.016(e) and (f), Government |
---|
2215 | 2217 | | Code, are amended to correct a reference to read as follows: |
---|
2216 | 2218 | | (e) A deduction may be made from the salary of an employee |
---|
2217 | 2219 | | who is exempt as an executive, professional, or administrative |
---|
2218 | 2220 | | employee under 29 U.S.C. Section 213(a)(1) if: |
---|
2219 | 2221 | | (1) the employee is not at work for a full day or |
---|
2220 | 2222 | | longer for personal reasons other than sickness, accident, jury |
---|
2221 | 2223 | | duty, attendance as a witness at a judicial proceeding, or |
---|
2222 | 2224 | | temporary military leave; |
---|
2223 | 2225 | | (2) the employee is not at work for a full day or |
---|
2224 | 2226 | | longer because of sickness or disability, including sickness or |
---|
2225 | 2227 | | disability covered by workers' compensation benefits, and the |
---|
2226 | 2228 | | employee's paid sick leave or workers' compensation benefits have |
---|
2227 | 2229 | | been exhausted; |
---|
2228 | 2230 | | (3) the deduction is a penalty imposed for a violation |
---|
2229 | 2231 | | of a significant safety rule relating to prevention of serious |
---|
2230 | 2232 | | danger in the workplace to other persons, including other |
---|
2231 | 2233 | | employees; or |
---|
2232 | 2234 | | (4) in accordance with the special provisions |
---|
2233 | 2235 | | applicable to executive, professional, or administrative employees |
---|
2234 | 2236 | | of public agencies set forth in 29 C.F.R. Section 541.710 [541.5d], |
---|
2235 | 2237 | | the employee is not at work for less than one day for personal |
---|
2236 | 2238 | | reasons or because of illness or injury and accrued leave is not |
---|
2237 | 2239 | | used by the employee because: |
---|
2238 | 2240 | | (A) permission to use accrued leave was not |
---|
2239 | 2241 | | sought or was denied; |
---|
2240 | 2242 | | (B) accrued leave has been exhausted; or |
---|
2241 | 2243 | | (C) the employee chooses to use leave without |
---|
2242 | 2244 | | pay. |
---|
2243 | 2245 | | (f) In accordance with 29 C.F.R. Section 541.710 [541.5d], a |
---|
2244 | 2246 | | deduction from the pay of an executive, professional, or |
---|
2245 | 2247 | | administrative employee because of an absence from work caused by a |
---|
2246 | 2248 | | furlough related to the budget does not affect the employee's |
---|
2247 | 2249 | | status as an employee paid on a salary basis, except for any |
---|
2248 | 2250 | | workweek in which the furlough occurs and for which the employee's |
---|
2249 | 2251 | | pay is accordingly reduced. |
---|
2250 | 2252 | | SECTION 9.013. Section 772.0064(i), Government Code, is |
---|
2251 | 2253 | | amended to conform to Chapter 469 (H.B. 4173), Acts of the 86th |
---|
2252 | 2254 | | Legislature, Regular Session, 2019, to read as follows: |
---|
2253 | 2255 | | (i) The task force shall: |
---|
2254 | 2256 | | (1) develop policy recommendations to allow the state |
---|
2255 | 2257 | | to: |
---|
2256 | 2258 | | (A) effectively coordinate funding for services |
---|
2257 | 2259 | | to child and adult survivors; and |
---|
2258 | 2260 | | (B) better prevent, investigate, and prosecute |
---|
2259 | 2261 | | incidents of sexual assault and other sex offenses; |
---|
2260 | 2262 | | (2) facilitate communication and cooperation between |
---|
2261 | 2263 | | state agencies that have duties relating to the prevention, |
---|
2262 | 2264 | | investigation, or prosecution of sexual assault or other sex |
---|
2263 | 2265 | | offenses or services provided to survivors in order to identify and |
---|
2264 | 2266 | | coordinate state resources available for assisting survivors; |
---|
2265 | 2267 | | (3) collect, analyze, and make publicly available |
---|
2266 | 2268 | | information, organized by region, regarding the prevention, |
---|
2267 | 2269 | | investigation, and prosecution of sexual assault and other sex |
---|
2268 | 2270 | | offenses and services provided to survivors, including a list of |
---|
2269 | 2271 | | SAFE-ready facilities designated under Section 323.0015, Health |
---|
2270 | 2272 | | and Safety Code; |
---|
2271 | 2273 | | (4) make and periodically update recommendations |
---|
2272 | 2274 | | regarding the collection, preservation, tracking, analysis, and |
---|
2273 | 2275 | | destruction of evidence in cases of sexual assault or other sex |
---|
2274 | 2276 | | offenses, including recommendations: |
---|
2275 | 2277 | | (A) to the attorney general regarding: |
---|
2276 | 2278 | | (i) evidence collection kits for use in the |
---|
2277 | 2279 | | collection and preservation of evidence of sexual assault or other |
---|
2278 | 2280 | | sex offenses; |
---|
2279 | 2281 | | (ii) protocols for the collection and |
---|
2280 | 2282 | | preservation of evidence of sexual assault or other sex offenses; |
---|
2281 | 2283 | | (iii) the curriculum for training programs |
---|
2282 | 2284 | | on collecting and preserving evidence of sexual assault and other |
---|
2283 | 2285 | | sex offenses; and |
---|
2284 | 2286 | | (iv) the requirements for certification of |
---|
2285 | 2287 | | sexual assault nurse examiners; and |
---|
2286 | 2288 | | (B) to other appropriate individuals or |
---|
2287 | 2289 | | organizations, regarding: |
---|
2288 | 2290 | | (i) the procedures for obtaining patient |
---|
2289 | 2291 | | authorization for forensic medical examinations of child and adult |
---|
2290 | 2292 | | survivors under Subchapters F and G, Chapter 56A [Articles 56.06 |
---|
2291 | 2293 | | and 56.065], Code of Criminal Procedure; |
---|
2292 | 2294 | | (ii) the requirements for maintaining an |
---|
2293 | 2295 | | appropriate evidentiary chain of custody; |
---|
2294 | 2296 | | (iii) the identification and reporting of |
---|
2295 | 2297 | | untested evidence throughout the state; and |
---|
2296 | 2298 | | (iv) standards for the submission of |
---|
2297 | 2299 | | evidence to forensic laboratories for analysis, including |
---|
2298 | 2300 | | procedures for submitting evidence in cases for which no evidence |
---|
2299 | 2301 | | has been previously submitted or tested; |
---|
2300 | 2302 | | (5) advise and provide resources to the Texas |
---|
2301 | 2303 | | Commission on Law Enforcement and other law enforcement |
---|
2302 | 2304 | | organizations to improve law enforcement officer training related |
---|
2303 | 2305 | | to the investigation and documentation of cases involving sexual |
---|
2304 | 2306 | | assault and other sex offenses, with a focus on the interactions |
---|
2305 | 2307 | | between law enforcement officers and survivors; |
---|
2306 | 2308 | | (6) provide to law enforcement agencies, prosecutors, |
---|
2307 | 2309 | | and judges with jurisdiction over sexual assault or other sex |
---|
2308 | 2310 | | offense cases information and resources to maximize effective and |
---|
2309 | 2311 | | empathetic investigation, prosecution, and hearings, including |
---|
2310 | 2312 | | information and resources: |
---|
2311 | 2313 | | (A) regarding trauma-informed practices and the |
---|
2312 | 2314 | | dynamics and effects of sexual assault and other sex offenses on |
---|
2313 | 2315 | | child and adult survivors; |
---|
2314 | 2316 | | (B) intended to improve the understanding of and |
---|
2315 | 2317 | | the response to sexual assault or other sex offenses; |
---|
2316 | 2318 | | (C) regarding best practices in the |
---|
2317 | 2319 | | investigation and prosecution of sexual assault or other sex |
---|
2318 | 2320 | | offenses; and |
---|
2319 | 2321 | | (D) for judges regarding common issues in the |
---|
2320 | 2322 | | criminal trials of sexual assault and other sex offenses; |
---|
2321 | 2323 | | (7) biennially contract for a survey of the resources |
---|
2322 | 2324 | | provided to survivors by nonprofit organizations, health care |
---|
2323 | 2325 | | facilities, institutions of higher education, sexual assault |
---|
2324 | 2326 | | response teams, and other governmental entities in each region of |
---|
2325 | 2327 | | the state; |
---|
2326 | 2328 | | (8) make recommendations as necessary to improve the |
---|
2327 | 2329 | | collecting and reporting of data on the investigation and |
---|
2328 | 2330 | | prosecution of sexual assault and other sex offenses; and |
---|
2329 | 2331 | | (9) develop a statewide standard for best practices in |
---|
2330 | 2332 | | the funding and provision of services to survivors by nonprofit |
---|
2331 | 2333 | | organizations, health care facilities, institutions of higher |
---|
2332 | 2334 | | education, sexual assault response teams, and other governmental |
---|
2333 | 2335 | | entities. |
---|
2334 | 2336 | | SECTION 9.014. Section 2054.352(a), Government Code, as |
---|
2335 | 2337 | | amended by Chapters 467 (H.B. 4170), 768 (H.B. 1501), and 1232 (H.B. |
---|
2336 | 2338 | | 1523), Acts of the 86th Legislature, Regular Session, 2019, is |
---|
2337 | 2339 | | reenacted to read as follows: |
---|
2338 | 2340 | | (a) The following licensing entities shall participate in |
---|
2339 | 2341 | | the system established under Section 2054.353: |
---|
2340 | 2342 | | (1) Texas Board of Chiropractic Examiners; |
---|
2341 | 2343 | | (2) Judicial Branch Certification Commission; |
---|
2342 | 2344 | | (3) State Board of Dental Examiners; |
---|
2343 | 2345 | | (4) Texas Funeral Service Commission; |
---|
2344 | 2346 | | (5) Texas Medical Board; |
---|
2345 | 2347 | | (6) Texas Board of Nursing; |
---|
2346 | 2348 | | (7) Texas Optometry Board; |
---|
2347 | 2349 | | (8) Department of Agriculture, for licenses issued |
---|
2348 | 2350 | | under Chapter 1951, Occupations Code; |
---|
2349 | 2351 | | (9) Texas State Board of Pharmacy; |
---|
2350 | 2352 | | (10) Executive Council of Physical Therapy and |
---|
2351 | 2353 | | Occupational Therapy Examiners; |
---|
2352 | 2354 | | (11) Texas State Board of Plumbing Examiners; |
---|
2353 | 2355 | | (12) Texas Behavioral Health Executive Council; |
---|
2354 | 2356 | | (13) State Board of Veterinary Medical Examiners; |
---|
2355 | 2357 | | (14) Texas Real Estate Commission; |
---|
2356 | 2358 | | (15) Texas Appraiser Licensing and Certification |
---|
2357 | 2359 | | Board; |
---|
2358 | 2360 | | (16) Texas Department of Licensing and Regulation; |
---|
2359 | 2361 | | (17) Texas State Board of Public Accountancy; |
---|
2360 | 2362 | | (18) State Board for Educator Certification; |
---|
2361 | 2363 | | (19) Texas Board of Professional Engineers and Land |
---|
2362 | 2364 | | Surveyors; |
---|
2363 | 2365 | | (20) Health and Human Services Commission; |
---|
2364 | 2366 | | (21) Texas Board of Architectural Examiners; |
---|
2365 | 2367 | | (22) Texas Racing Commission; |
---|
2366 | 2368 | | (23) Texas Commission on Law Enforcement; and |
---|
2367 | 2369 | | (24) Texas Private Security Board. |
---|
2368 | 2370 | | SECTION 9.015. Section 2400.0015, Government Code, as added |
---|
2369 | 2371 | | by Chapter 666 (S.B. 1978), Acts of the 86th Legislature, Regular |
---|
2370 | 2372 | | Session, 2019, is amended to conform to Section 21.009(35), Chapter |
---|
2371 | 2373 | | 467 (H.B. 4170), Acts of the 86th Legislature, Regular Session, |
---|
2372 | 2374 | | 2019, to read as follows: |
---|
2373 | 2375 | | Sec. 2400.0015. APPLICABILITY. This chapter does not apply |
---|
2374 | 2376 | | to an investment prohibited under Chapter 808 or a contract |
---|
2375 | 2377 | | prohibited under Chapter 2271 [2270, as added by Chapter 1 (H.B. |
---|
2376 | 2378 | | 89), Acts of the 85th Legislature, Regular Session, 2017]. |
---|
2377 | 2379 | | PART B. CHANGES RELATING TO THE SECURITIES ACT |
---|
2378 | 2380 | | SECTION 9.101. Section 4002.002, Government Code, as |
---|
2379 | 2381 | | effective January 1, 2022, is amended to conform to Section 1, |
---|
2380 | 2382 | | Chapter 772 (H.B. 1535), Acts of the 86th Legislature, Regular |
---|
2381 | 2383 | | Session, 2019, to read as follows: |
---|
2382 | 2384 | | Sec. 4002.002. SUNSET PROVISION. The State Securities |
---|
2383 | 2385 | | Board is subject to Chapter 325 (Texas Sunset Act). Unless |
---|
2384 | 2386 | | continued in existence as provided by that chapter, the board is |
---|
2385 | 2387 | | abolished and this title expires September 1, 2031 [2019]. |
---|
2386 | 2388 | | SECTION 9.102. Section 4002.058, Government Code, as |
---|
2387 | 2389 | | effective January 1, 2022, is amended to conform to Section 2, |
---|
2388 | 2390 | | Chapter 772 (H.B. 1535), Acts of the 86th Legislature, Regular |
---|
2389 | 2391 | | Session, 2019, by amending Subsection (b) and adding Subsection (d) |
---|
2390 | 2392 | | to read as follows: |
---|
2391 | 2393 | | (b) The training program must provide the person with |
---|
2392 | 2394 | | information regarding: |
---|
2393 | 2395 | | (1) the law governing [legislation that created the] |
---|
2394 | 2396 | | board operations; |
---|
2395 | 2397 | | (2) the programs, [operated by the board; |
---|
2396 | 2398 | | [(3) the role and] functions, rules, and budget of the |
---|
2397 | 2399 | | board; |
---|
2398 | 2400 | | (3) the scope of and limitations on the rulemaking |
---|
2399 | 2401 | | authority [(4) the rules] of the board[, with an emphasis on the |
---|
2400 | 2402 | | rules that relate to disciplinary and investigatory authority]; |
---|
2401 | 2403 | | (4) the types of board rules, interpretations, and |
---|
2402 | 2404 | | enforcement actions that may implicate federal antitrust law by |
---|
2403 | 2405 | | limiting competition or impacting prices charged by persons engaged |
---|
2404 | 2406 | | in a profession or business the board regulates, including any |
---|
2405 | 2407 | | rule, interpretation, or enforcement action that: |
---|
2406 | 2408 | | (A) regulates the scope of practice of persons in |
---|
2407 | 2409 | | a profession or business the board regulates; |
---|
2408 | 2410 | | (B) restricts advertising by persons in a |
---|
2409 | 2411 | | profession or business the board regulates; |
---|
2410 | 2412 | | (C) affects the price of goods or services |
---|
2411 | 2413 | | provided by persons in a profession or business the board |
---|
2412 | 2414 | | regulates; or |
---|
2413 | 2415 | | (D) restricts participation in a profession or |
---|
2414 | 2416 | | business the board regulates; |
---|
2415 | 2417 | | (5) [the current budget for the board; |
---|
2416 | 2418 | | [(6)] the results of the most recent formal audit of |
---|
2417 | 2419 | | the board; |
---|
2418 | 2420 | | (6) [(7)] the requirements of: |
---|
2419 | 2421 | | (A) laws relating to [the] open meetings, [law, |
---|
2420 | 2422 | | Chapter 551; |
---|
2421 | 2423 | | [(B) the] public information [law], [Chapter |
---|
2422 | 2424 | | 552; |
---|
2423 | 2425 | | [(C) the] administrative procedure [law], |
---|
2424 | 2426 | | [Chapter 2001;] and disclosing conflicts of interest; and |
---|
2425 | 2427 | | (B) [(D)] other laws applicable [relating] to |
---|
2426 | 2428 | | members of a state policymaking body in performing their duties |
---|
2427 | 2429 | | [public officials, including conflict-of-interest laws]; and |
---|
2428 | 2430 | | (7) [(8)] any applicable ethics policies adopted by |
---|
2429 | 2431 | | the board or the Texas Ethics Commission. |
---|
2430 | 2432 | | (d) The commissioner shall create a training manual that |
---|
2431 | 2433 | | includes the information required by Subsection (b). The |
---|
2432 | 2434 | | commissioner shall distribute a copy of the training manual |
---|
2433 | 2435 | | annually to each member of the board. Each member of the board shall |
---|
2434 | 2436 | | sign and submit to the commissioner a statement acknowledging that |
---|
2435 | 2437 | | the member received and has reviewed the training manual. |
---|
2436 | 2438 | | SECTION 9.103. Sections 4002.107 and 4007.051, Government |
---|
2437 | 2439 | | Code, as effective January 1, 2022, are amended to conform to |
---|
2438 | 2440 | | Section 3, Chapter 772 (H.B. 1535), Acts of the 86th Legislature, |
---|
2439 | 2441 | | Regular Session, 2019, to read as follows: |
---|
2440 | 2442 | | Sec. 4002.107. WRITTEN EMPLOYEE COMPLAINT PROCEDURE. (a) |
---|
2441 | 2443 | | The commissioner or the commissioner's designee shall maintain a |
---|
2442 | 2444 | | system to promptly and efficiently act [file] on complaints [each |
---|
2443 | 2445 | | written complaint] filed with the commissioner or board concerning |
---|
2444 | 2446 | | an employee or former employee. The commissioner or the |
---|
2445 | 2447 | | commissioner's designee shall maintain [The file must include] the |
---|
2446 | 2448 | | information listed in Section 4007.051 for files maintained under |
---|
2447 | 2449 | | that section for complaints against persons registered under this |
---|
2448 | 2450 | | title. |
---|
2449 | 2451 | | (b) The commissioner or the commissioner's designee shall |
---|
2450 | 2452 | | make information available describing [provide to the person filing |
---|
2451 | 2453 | | the complaint and to each person who is a subject of the complaint a |
---|
2452 | 2454 | | copy of] the board's [policies and] procedures for [relating to] |
---|
2453 | 2455 | | complaint investigation and resolution. |
---|
2454 | 2456 | | (c) The commissioner or the commissioner's designee[, at |
---|
2455 | 2457 | | least quarterly until final disposition of the complaint,] shall |
---|
2456 | 2458 | | periodically notify the [person filing the] complaint parties [and |
---|
2457 | 2459 | | each person who is a subject of the complaint] of the status of the |
---|
2458 | 2460 | | complaint until final disposition [investigation] unless the |
---|
2459 | 2461 | | notice would jeopardize a law enforcement [an undercover] |
---|
2460 | 2462 | | investigation. |
---|
2461 | 2463 | | Sec. 4007.051. COMPLAINTS FILED WITH COMMISSIONER OR BOARD. |
---|
2462 | 2464 | | (a) The commissioner or the commissioner's designee shall maintain |
---|
2463 | 2465 | | a system to promptly and efficiently act [file] on complaints [each |
---|
2464 | 2466 | | written complaint] filed with the commissioner or board concerning |
---|
2465 | 2467 | | a person registered under this title. The commissioner or the |
---|
2466 | 2468 | | commissioner's designee shall maintain information about parties |
---|
2467 | 2469 | | to the complaint, the subject matter of the complaint, a summary of |
---|
2468 | 2470 | | the results of the review or investigation of the complaint, and its |
---|
2469 | 2471 | | disposition [The file must include: |
---|
2470 | 2472 | | [(1) the name of the person who filed the complaint; |
---|
2471 | 2473 | | [(2) the date the complaint was received by the |
---|
2472 | 2474 | | commissioner or board; |
---|
2473 | 2475 | | [(3) the subject matter of the complaint; |
---|
2474 | 2476 | | [(4) the name of each person contacted in relation to |
---|
2475 | 2477 | | the complaint; |
---|
2476 | 2478 | | [(5) a summary of the results of the review or |
---|
2477 | 2479 | | investigation of the complaint; and |
---|
2478 | 2480 | | [(6) an explanation of the reason the file was closed, |
---|
2479 | 2481 | | if the commissioner closed the file without taking action other |
---|
2480 | 2482 | | than the investigation of the complaint]. |
---|
2481 | 2483 | | (b) The commissioner or the commissioner's designee shall |
---|
2482 | 2484 | | make information available describing [provide to the person filing |
---|
2483 | 2485 | | the complaint and to each person who is a subject of the complaint a |
---|
2484 | 2486 | | copy of] the board's [policies and] procedures for [relating to] |
---|
2485 | 2487 | | complaint investigation and resolution. |
---|
2486 | 2488 | | (c) The commissioner or the commissioner's designee[, at |
---|
2487 | 2489 | | least quarterly until final disposition of the complaint,] shall |
---|
2488 | 2490 | | periodically notify the [person filing the] complaint parties [and |
---|
2489 | 2491 | | each person who is a subject of the complaint] of the status of the |
---|
2490 | 2492 | | complaint until final disposition [investigation,] unless the |
---|
2491 | 2493 | | notice would jeopardize a law enforcement [an undercover] |
---|
2492 | 2494 | | investigation. |
---|
2493 | 2495 | | SECTION 9.104. Subchapter D, Chapter 4002, Government Code, |
---|
2494 | 2496 | | as effective January 1, 2022, is amended to conform to Section 4, |
---|
2495 | 2497 | | Chapter 772 (H.B. 1535), Acts of the 86th Legislature, Regular |
---|
2496 | 2498 | | Session, 2019, by adding Section 4002.1535 to read as follows: |
---|
2497 | 2499 | | Sec. 4002.1535. ALTERNATIVE RULEMAKING AND DISPUTE |
---|
2498 | 2500 | | RESOLUTION. (a) The board shall develop a policy to encourage the |
---|
2499 | 2501 | | use of: |
---|
2500 | 2502 | | (1) negotiated rulemaking procedures under Chapter |
---|
2501 | 2503 | | 2008 for the adoption of board rules; and |
---|
2502 | 2504 | | (2) appropriate alternative dispute resolution |
---|
2503 | 2505 | | procedures under Chapter 2009 to assist in the resolution of |
---|
2504 | 2506 | | internal and external disputes under the board's jurisdiction. |
---|
2505 | 2507 | | (b) The board's procedures relating to alternative dispute |
---|
2506 | 2508 | | resolution must conform, to the extent possible, to any model |
---|
2507 | 2509 | | guidelines issued by the State Office of Administrative Hearings |
---|
2508 | 2510 | | for the use of alternative dispute resolution by state agencies. |
---|
2509 | 2511 | | (c) The board shall: |
---|
2510 | 2512 | | (1) coordinate the implementation of the policy |
---|
2511 | 2513 | | adopted under Subsection (a); |
---|
2512 | 2514 | | (2) provide training as needed to implement the |
---|
2513 | 2515 | | procedures for negotiated rulemaking or alternative dispute |
---|
2514 | 2516 | | resolution; and |
---|
2515 | 2517 | | (3) collect data concerning the effectiveness of those |
---|
2516 | 2518 | | procedures. |
---|
2517 | 2519 | | SECTION 9.105. Section 4002.163, Government Code, as |
---|
2518 | 2520 | | effective January 1, 2022, is amended to conform to Section 1, |
---|
2519 | 2521 | | Chapter 772 (H.B. 1535), Acts of the 86th Legislature, Regular |
---|
2520 | 2522 | | Session, 2019, to read as follows: |
---|
2521 | 2523 | | Sec. 4002.163. ANNUAL REPORT. On or before January 1 of |
---|
2522 | 2524 | | each year, the board, with the advice of the commissioner, shall |
---|
2523 | 2525 | | report to the governor and the presiding officer of each house of |
---|
2524 | 2526 | | the legislature about the administration of this title and plans |
---|
2525 | 2527 | | and needs for future securities regulation. The report must |
---|
2526 | 2528 | | include: |
---|
2527 | 2529 | | (1) a detailed accounting of all funds received and |
---|
2528 | 2530 | | disbursed by the board during the preceding year, including the |
---|
2529 | 2531 | | amount spent by the board assisting in the criminal prosecution of |
---|
2530 | 2532 | | cases under Section 4007.001(e); and |
---|
2531 | 2533 | | (2) with respect to cases referred during the |
---|
2532 | 2534 | | preceding year by the board under Section 4007.001(c), a breakdown |
---|
2533 | 2535 | | by county and district attorney of the number of cases where: |
---|
2534 | 2536 | | (A) criminal charges were filed; |
---|
2535 | 2537 | | (B) prosecution is ongoing; or |
---|
2536 | 2538 | | (C) prosecution was completed. |
---|
2537 | 2539 | | SECTION 9.106. Section 4004.351(2), Government Code, as |
---|
2538 | 2540 | | effective January 1, 2022, is amended to conform to Section |
---|
2539 | 2541 | | 21.001(19), Chapter 467 (H.B. 4170), Acts of the 86th Legislature, |
---|
2540 | 2542 | | Regular Session, 2019, to read as follows: |
---|
2541 | 2543 | | (2) "Exploitation," "financial exploitation," and |
---|
2542 | 2544 | | "vulnerable adult" have the meanings assigned by Section 281.001 |
---|
2543 | 2545 | | [280.001], Finance Code. |
---|
2544 | 2546 | | SECTION 9.107. Section 4006.054, Government Code, as |
---|
2545 | 2547 | | effective January 1, 2022, is amended to conform to Section 7, |
---|
2546 | 2548 | | Chapter 772 (H.B. 1535), Acts of the 86th Legislature, Regular |
---|
2547 | 2549 | | Session, 2019, to read as follows: |
---|
2548 | 2550 | | Sec. 4006.054. AMENDMENT OR DUPLICATE OF REGISTRATION |
---|
2549 | 2551 | | CERTIFICATE OR EVIDENCE OF REGISTRATION[; REGISTRATION OF BRANCH |
---|
2550 | 2552 | | OFFICE]. The commissioner or board shall charge and collect a fee |
---|
2551 | 2553 | | of $25 for a filing to: |
---|
2552 | 2554 | | (1) amend the registration certificate of a dealer or |
---|
2553 | 2555 | | investment adviser or the evidence of registration of an agent or |
---|
2554 | 2556 | | investment adviser representative; or |
---|
2555 | 2557 | | (2) issue a duplicate certificate or evidence of |
---|
2556 | 2558 | | registration[; or |
---|
2557 | 2559 | | [(3) register a branch office]. |
---|
2558 | 2560 | | SECTION 9.108. Section 4007.001, Government Code, as |
---|
2559 | 2561 | | effective January 1, 2022, is amended to conform to Section 5, |
---|
2560 | 2562 | | Chapter 772 (H.B. 1535), Acts of the 86th Legislature, Regular |
---|
2561 | 2563 | | Session, 2019, by adding Subsections (e), (f), (g), (h), and (i) to |
---|
2562 | 2564 | | read as follows: |
---|
2563 | 2565 | | (e) Subject to Subsection (h), the board may provide |
---|
2564 | 2566 | | assistance to a county or district attorney who requests assistance |
---|
2565 | 2567 | | in a criminal prosecution involving an alleged violation of this |
---|
2566 | 2568 | | title that is referred by the board to the attorney under Subsection |
---|
2567 | 2569 | | (c). |
---|
2568 | 2570 | | (f) Before referring a case to a county or district attorney |
---|
2569 | 2571 | | for prosecution as required by Subsection (c), the commissioner |
---|
2570 | 2572 | | shall make a determination of: |
---|
2571 | 2573 | | (1) the potential resources of the board, including |
---|
2572 | 2574 | | the number and types of board employees, that would be needed to |
---|
2573 | 2575 | | assist in the prosecution of the case; and |
---|
2574 | 2576 | | (2) the availability of board employees and other |
---|
2575 | 2577 | | resources necessary to carry out any request for assistance. |
---|
2576 | 2578 | | (g) The board by rule shall establish a process to enable |
---|
2577 | 2579 | | the commissioner to determine whether to provide any requested |
---|
2578 | 2580 | | assistance to the appropriate prosecuting attorney following |
---|
2579 | 2581 | | referral of a case under Subsection (c) and, if so, the appropriate |
---|
2580 | 2582 | | amount of such assistance. The rules must require the commissioner |
---|
2581 | 2583 | | to consider: |
---|
2582 | 2584 | | (1) whether resources are available after taking into |
---|
2583 | 2585 | | account any ongoing board investigations, investigations under |
---|
2584 | 2586 | | Section 4007.053, and criminal prosecutions for which assistance is |
---|
2585 | 2587 | | being provided; |
---|
2586 | 2588 | | (2) the seriousness of the alleged violation or |
---|
2587 | 2589 | | violations in the case, including the severity of the harm and |
---|
2588 | 2590 | | number of victims involved; and |
---|
2589 | 2591 | | (3) the state's interest in the prosecution of a |
---|
2590 | 2592 | | particular case and the availability of other methods of redress |
---|
2591 | 2593 | | for the alleged violations, including the pursuit of a civil |
---|
2592 | 2594 | | action. |
---|
2593 | 2595 | | (h) In response to a request for assistance under Subsection |
---|
2594 | 2596 | | (e), the board may provide only those board employees or resources, |
---|
2595 | 2597 | | if any, determined to be available for that case in accordance with |
---|
2596 | 2598 | | Subsection (f). If a change in circumstances occurs after the time |
---|
2597 | 2599 | | of the determination under Subsection (f), the commissioner may |
---|
2598 | 2600 | | reconsider the commissioner's determination under that subsection |
---|
2599 | 2601 | | and may increase or reduce the number of board employees or other |
---|
2600 | 2602 | | resources to be made available for a case using the process |
---|
2601 | 2603 | | established under Subsection (g). |
---|
2602 | 2604 | | (i) The attorney general, at least biennially, shall review |
---|
2603 | 2605 | | a sample of criminal cases for which the board provided requested |
---|
2604 | 2606 | | assistance to county or district attorneys under this section. The |
---|
2605 | 2607 | | review must include an evaluation of the pre-referral determination |
---|
2606 | 2608 | | of available resources to support each case being reviewed as |
---|
2607 | 2609 | | required by Subsection (f) and any subsequent determination of |
---|
2608 | 2610 | | those resources made by the commissioner as authorized under |
---|
2609 | 2611 | | Subsection (h). The attorney general may report any concerns the |
---|
2610 | 2612 | | attorney general has in connection with the board's provision of |
---|
2611 | 2613 | | assistance to the standing committee of each house of the |
---|
2612 | 2614 | | legislature with primary jurisdiction over board matters. |
---|
2613 | 2615 | | SECTION 9.109. Subchapter C, Chapter 4007, Government Code, |
---|
2614 | 2616 | | as effective January 1, 2022, is amended to conform to Section 6, |
---|
2615 | 2617 | | Chapter 772 (H.B. 1535), Acts of the 86th Legislature, Regular |
---|
2616 | 2618 | | Session, 2019, by adding Section 4007.108 to read as follows: |
---|
2617 | 2619 | | Sec. 4007.108. REFUND. (a) Subject to Subsection (b), the |
---|
2618 | 2620 | | commissioner may order a dealer, agent, investment adviser, or |
---|
2619 | 2621 | | investment adviser representative regulated under this title to pay |
---|
2620 | 2622 | | a refund to a client or a purchaser of securities or services from |
---|
2621 | 2623 | | the person or company as provided in an agreed order or an |
---|
2622 | 2624 | | enforcement order instead of or in addition to imposing an |
---|
2623 | 2625 | | administrative penalty or other sanctions. |
---|
2624 | 2626 | | (b) The amount of a refund ordered as provided in an agreed |
---|
2625 | 2627 | | order or an enforcement order may not exceed the amount the client |
---|
2626 | 2628 | | or purchaser paid to the dealer, agent, investment adviser, or |
---|
2627 | 2629 | | investment adviser representative for a service or transaction |
---|
2628 | 2630 | | regulated by the board. The commissioner may not require payment of |
---|
2629 | 2631 | | other damages or estimate harm in a refund order. |
---|
2630 | 2632 | | SECTION 9.110. Sections 1 through 7, Chapter 772 (H.B. |
---|
2631 | 2633 | | 1535), Acts of the 86th Legislature, Regular Session, 2019, which |
---|
2632 | 2634 | | amended The Securities Act (Article 581-1 et seq., Vernon's Texas |
---|
2633 | 2635 | | Civil Statutes), are repealed. |
---|
2634 | 2636 | | SECTION 9.111. The heading to Title 19, Vernon's Texas |
---|
2635 | 2637 | | Civil Statutes, is repealed. |
---|
2636 | 2638 | | SECTION 9.112. This part takes effect January 1, 2022. |
---|
2637 | 2639 | | ARTICLE 10. CHANGES RELATING TO HEALTH AND SAFETY CODE |
---|
2638 | 2640 | | SECTION 10.001. Section 34.0158, Health and Safety Code, as |
---|
2639 | 2641 | | added by Chapter 514 (S.B. 436), Acts of the 86th Legislature, |
---|
2640 | 2642 | | Regular Session, 2019, is redesignated as Section 34.01581, Health |
---|
2641 | 2643 | | and Safety Code, and amended to conform to Chapter 601 (S.B. 750), |
---|
2642 | 2644 | | Acts of the 86th Legislature, Regular Session, 2019, to read as |
---|
2643 | 2645 | | follows: |
---|
2644 | 2646 | | Sec. 34.01581 [34.0158]. OPIOID USE DISORDER MATERNAL AND |
---|
2645 | 2647 | | NEWBORN HEALTH INITIATIVES. (a) The department, in collaboration |
---|
2646 | 2648 | | with the review committee [task force], shall develop and implement |
---|
2647 | 2649 | | initiatives to: |
---|
2648 | 2650 | | (1) improve screening procedures to better identify |
---|
2649 | 2651 | | and care for women with opioid use disorder; |
---|
2650 | 2652 | | (2) improve continuity of care for women with opioid |
---|
2651 | 2653 | | use disorder by ensuring that health care providers refer the women |
---|
2652 | 2654 | | to appropriate treatment and verify the women receive the |
---|
2653 | 2655 | | treatment; |
---|
2654 | 2656 | | (3) optimize health care provided to pregnant women |
---|
2655 | 2657 | | with opioid use disorder; |
---|
2656 | 2658 | | (4) optimize health care provided to newborns with |
---|
2657 | 2659 | | neonatal abstinence syndrome by encouraging maternal engagement; |
---|
2658 | 2660 | | (5) increase access to medication-assisted treatment |
---|
2659 | 2661 | | for women with opioid use disorder during pregnancy and the |
---|
2660 | 2662 | | postpartum period; and |
---|
2661 | 2663 | | (6) prevent opioid use disorder by reducing the number |
---|
2662 | 2664 | | of opioid drugs prescribed before, during, and following a |
---|
2663 | 2665 | | delivery. |
---|
2664 | 2666 | | (b) Before implementing the initiatives described by |
---|
2665 | 2667 | | Subsection (a), the department may conduct a limited pilot program |
---|
2666 | 2668 | | in one or more geographic areas of this state to implement the |
---|
2667 | 2669 | | initiatives at hospitals licensed under Chapter 241 with expertise |
---|
2668 | 2670 | | in caring for newborns with neonatal abstinence syndrome or related |
---|
2669 | 2671 | | conditions. The pilot program must conclude not later than March 1, |
---|
2670 | 2672 | | 2020. This subsection expires September 1, 2021. |
---|
2671 | 2673 | | (c) Using existing resources, the department, in |
---|
2672 | 2674 | | collaboration with the review committee [task force], shall promote |
---|
2673 | 2675 | | and facilitate the use among health care providers in this state of |
---|
2674 | 2676 | | maternal health informational materials, including tools and |
---|
2675 | 2677 | | procedures related to best practices in maternal health to improve |
---|
2676 | 2678 | | obstetrical care for women with opioid use disorder. |
---|
2677 | 2679 | | SECTION 10.002. Section 34.020(e), Health and Safety Code, |
---|
2678 | 2680 | | as added by Chapter 973 (S.B. 748), Acts of the 86th Legislature, |
---|
2679 | 2681 | | Regular Session, 2019, is amended to conform to the repeal of |
---|
2680 | 2682 | | Section 531.02176, Government Code, by Chapters 964 (S.B. 670) and |
---|
2681 | 2683 | | 1061 (H.B. 1063), Acts of the 86th Legislature, Regular Session, |
---|
2682 | 2684 | | 2019, to read as follows: |
---|
2683 | 2685 | | (e) If [Notwithstanding Section 531.02176, Government Code, |
---|
2684 | 2686 | | and if] the commission determines it is feasible and |
---|
2685 | 2687 | | cost-effective, the commission may: |
---|
2686 | 2688 | | (1) provide home telemonitoring services and |
---|
2687 | 2689 | | necessary durable medical equipment to women participating in the |
---|
2688 | 2690 | | program to the extent the commission anticipates the services and |
---|
2689 | 2691 | | equipment will reduce unnecessary emergency room visits or |
---|
2690 | 2692 | | hospitalizations; and |
---|
2691 | 2693 | | (2) reimburse providers under Medicaid for the |
---|
2692 | 2694 | | provision of home telemonitoring services and durable medical |
---|
2693 | 2695 | | equipment under the program. |
---|
2694 | 2696 | | SECTION 10.003. Section 241.1031(a), Health and Safety |
---|
2695 | 2697 | | Code, is amended to conform to Chapter 469 (H.B. 4173), Acts of the |
---|
2696 | 2698 | | 86th Legislature, Regular Session, 2019, to read as follows: |
---|
2697 | 2699 | | (a) A hospital may not destroy a medical record from the |
---|
2698 | 2700 | | forensic medical examination of a sexual assault victim conducted |
---|
2699 | 2701 | | under Subchapter F or G, Chapter 56A [Article 56.06 or 56.065], Code |
---|
2700 | 2702 | | of Criminal Procedure, until the 20th anniversary of the date the |
---|
2701 | 2703 | | record was created. |
---|
2702 | 2704 | | SECTION 10.004. (a) Section 254.156, Health and Safety |
---|
2703 | 2705 | | Code, as added by Chapter 1062 (H.B. 1112), Acts of the 86th |
---|
2704 | 2706 | | Legislature, Regular Session, 2019, is repealed as duplicative of |
---|
2705 | 2707 | | Section 254.158, Health and Safety Code, as added by Chapter 1093 |
---|
2706 | 2708 | | (H.B. 2041), Acts of the 86th Legislature, Regular Session, 2019. |
---|
2707 | 2709 | | (b) Sections 254.203(a) and (b), Health and Safety Code, as |
---|
2708 | 2710 | | amended by Chapters 1062 (H.B. 1112) and 1093 (H.B. 2041), Acts of |
---|
2709 | 2711 | | the 86th Legislature, Regular Session, 2019, are reenacted to read |
---|
2710 | 2712 | | as follows: |
---|
2711 | 2713 | | (a) The department may petition a district court for a |
---|
2712 | 2714 | | temporary restraining order to restrain a continuing violation of |
---|
2713 | 2715 | | the standards or licensing requirements provided under this chapter |
---|
2714 | 2716 | | or of Section 254.158 if the department finds that the violation |
---|
2715 | 2717 | | creates an immediate threat to the health and safety of the patients |
---|
2716 | 2718 | | of a facility or of the public. |
---|
2717 | 2719 | | (b) A district court, on petition of the department and on a |
---|
2718 | 2720 | | finding by the court that a person is violating the standards or |
---|
2719 | 2721 | | licensing requirements provided under this chapter or is violating |
---|
2720 | 2722 | | Section 254.158, may by injunction: |
---|
2721 | 2723 | | (1) prohibit a person from continuing the violation; |
---|
2722 | 2724 | | (2) restrain or prevent the establishment or operation |
---|
2723 | 2725 | | of a facility without a license issued under this chapter; or |
---|
2724 | 2726 | | (3) grant any other injunctive relief warranted by the |
---|
2725 | 2727 | | facts. |
---|
2726 | 2728 | | SECTION 10.005. Section 323.005(a), Health and Safety Code, |
---|
2727 | 2729 | | as amended by Chapters 408 (H.B. 8), 469 (H.B. 4173), and 1037 (H.B. |
---|
2728 | 2730 | | 616), Acts of the 86th Legislature, Regular Session, 2019, is |
---|
2729 | 2731 | | reenacted and further amended to conform to Chapter 469 (H.B. |
---|
2730 | 2732 | | 4173), Acts of the 86th Legislature, Regular Session, 2019, to read |
---|
2731 | 2733 | | as follows: |
---|
2732 | 2734 | | (a) The department shall develop a standard information |
---|
2733 | 2735 | | form for sexual assault survivors that must include: |
---|
2734 | 2736 | | (1) a detailed explanation of the forensic medical |
---|
2735 | 2737 | | examination required to be provided by law, including a statement |
---|
2736 | 2738 | | that photographs may be taken of the genitalia; |
---|
2737 | 2739 | | (2) information regarding treatment of sexually |
---|
2738 | 2740 | | transmitted infections and pregnancy, including: |
---|
2739 | 2741 | | (A) generally accepted medical procedures; |
---|
2740 | 2742 | | (B) appropriate medications; and |
---|
2741 | 2743 | | (C) any contraindications of the medications |
---|
2742 | 2744 | | prescribed for treating sexually transmitted infections and |
---|
2743 | 2745 | | preventing pregnancy; |
---|
2744 | 2746 | | (3) information regarding drug-facilitated sexual |
---|
2745 | 2747 | | assault, including the necessity for an immediate urine test for |
---|
2746 | 2748 | | sexual assault survivors who may have been involuntarily drugged; |
---|
2747 | 2749 | | (4) information regarding crime victims compensation, |
---|
2748 | 2750 | | including: |
---|
2749 | 2751 | | (A) a statement that public agencies are |
---|
2750 | 2752 | | responsible for paying for the forensic portion of an examination |
---|
2751 | 2753 | | conducted under Subchapter F or G, Chapter 56A [Article 56.06 or |
---|
2752 | 2754 | | 56.065], Code of Criminal Procedure, and for the evidence |
---|
2753 | 2755 | | collection kit used in connection with the examination and that the |
---|
2754 | 2756 | | health care facility or provider, as applicable, is responsible for |
---|
2755 | 2757 | | seeking reimbursement for those costs; and |
---|
2756 | 2758 | | (B) information regarding the reimbursement of |
---|
2757 | 2759 | | the survivor for the medical portion of the examination; |
---|
2758 | 2760 | | (5) an explanation that consent for the forensic |
---|
2759 | 2761 | | medical examination may be withdrawn at any time during the |
---|
2760 | 2762 | | examination; |
---|
2761 | 2763 | | (6) the name and telephone number of sexual assault |
---|
2762 | 2764 | | crisis centers statewide; and |
---|
2763 | 2765 | | (7) information regarding postexposure prophylaxis |
---|
2764 | 2766 | | for HIV infection. |
---|
2765 | 2767 | | SECTION 10.006. Section 323.0052(a), Health and Safety |
---|
2766 | 2768 | | Code, is amended to conform to Chapter 469 (H.B. 4173), Acts of the |
---|
2767 | 2769 | | 86th Legislature, Regular Session, 2019, to read as follows: |
---|
2768 | 2770 | | (a) The department shall develop a standard information |
---|
2769 | 2771 | | form that, as described by Subsection (b), is to be provided to |
---|
2770 | 2772 | | sexual assault survivors who have not given signed, written consent |
---|
2771 | 2773 | | to a health care facility to release the evidence as provided by |
---|
2772 | 2774 | | Section 420.0735, Government Code. The form must include the |
---|
2773 | 2775 | | following information: |
---|
2774 | 2776 | | (1) the Department of Public Safety's policy regarding |
---|
2775 | 2777 | | storage of evidence of a sexual assault or other sex offense that is |
---|
2776 | 2778 | | collected under Subchapter G, Chapter 56A [Article 56.065], Code of |
---|
2777 | 2779 | | Criminal Procedure, including: |
---|
2778 | 2780 | | (A) a statement that the evidence will be stored |
---|
2779 | 2781 | | until the fifth anniversary of the date on which the evidence was |
---|
2780 | 2782 | | collected before the evidence becomes eligible for destruction; and |
---|
2781 | 2783 | | (B) the department's procedures regarding the |
---|
2782 | 2784 | | notification of the survivor before a planned destruction of the |
---|
2783 | 2785 | | evidence; |
---|
2784 | 2786 | | (2) a statement that the survivor may request the |
---|
2785 | 2787 | | release of the evidence to a law enforcement agency and report a |
---|
2786 | 2788 | | sexual assault or other sex offense to the agency at any time; |
---|
2787 | 2789 | | (3) the name, phone number, and e-mail address of the |
---|
2788 | 2790 | | law enforcement agency with jurisdiction over the offense; and |
---|
2789 | 2791 | | (4) the name and phone number of a local rape crisis |
---|
2790 | 2792 | | center. |
---|
2791 | 2793 | | SECTION 10.007. Section 382.05155(d), Health and Safety |
---|
2792 | 2794 | | Code, as amended by Chapters 393 (S.B. 698) and 1173 (H.B. 3317), |
---|
2793 | 2795 | | Acts of the 86th Legislature, Regular Session, 2019, is reenacted |
---|
2794 | 2796 | | to read as follows: |
---|
2795 | 2797 | | (d) The commission by rule may add a surcharge to an |
---|
2796 | 2798 | | application fee assessed under this chapter for an expedited |
---|
2797 | 2799 | | application in an amount sufficient to cover the expenses incurred |
---|
2798 | 2800 | | by the expediting, including overtime, costs of full-time |
---|
2799 | 2801 | | equivalent commission employees to support the expedited |
---|
2800 | 2802 | | processing of air permit applications, contract labor, and other |
---|
2801 | 2803 | | costs. The surcharge is considered part of the application fee and |
---|
2802 | 2804 | | shall be deposited with the fee to the credit of the clean air |
---|
2803 | 2805 | | account established under Section 382.0622(b). Money from the |
---|
2804 | 2806 | | surcharge collected under this section may be used to support the |
---|
2805 | 2807 | | expedited processing of air permit applications under this section. |
---|
2806 | 2808 | | SECTION 10.008. Section 780.003(b), Health and Safety Code, |
---|
2807 | 2809 | | as amended by Chapters 372 (H.B. 1631) and 1094 (H.B. 2048), Acts of |
---|
2808 | 2810 | | the 86th Legislature, Regular Session, 2019, is reenacted and |
---|
2809 | 2811 | | amended and further amended to conform to Chapter 594 (S.B. 604), |
---|
2810 | 2812 | | Acts of the 86th Legislature, Regular Session, 2019, to read as |
---|
2811 | 2813 | | follows: |
---|
2812 | 2814 | | (b) The account is composed of money deposited to the credit |
---|
2813 | 2815 | | of the account under Sections 542.4031, [and] 709.002, and |
---|
2814 | 2816 | | 1006.153, Transportation Code, [under Section 10, Article |
---|
2815 | 2817 | | 4413(37), Revised Statutes,] and under Section 780.002 of this |
---|
2816 | 2818 | | code. |
---|
2817 | 2819 | | SECTION 10.009. Section 1001.205, Health and Safety Code, |
---|
2818 | 2820 | | as amended by Chapters 1327 (H.B. 4429), 352 (H.B. 18), and 755 |
---|
2819 | 2821 | | (H.B. 1070), Acts of the 86th Legislature, Regular Session, 2019, |
---|
2820 | 2822 | | is reenacted and amended to read as follows: |
---|
2821 | 2823 | | Sec. 1001.205. REPORTS. (a) Not later than September 30 of |
---|
2822 | 2824 | | each year, a local mental health authority shall provide to the |
---|
2823 | 2825 | | department the number of: |
---|
2824 | 2826 | | (1) employees and contractors of the authority who |
---|
2825 | 2827 | | were trained as mental health first aid trainers under Section |
---|
2826 | 2828 | | 1001.202 during the preceding fiscal year, the number of trainers |
---|
2827 | 2829 | | who left the program for any reason during the preceding fiscal |
---|
2828 | 2830 | | year, and the number of active trainers; |
---|
2829 | 2831 | | (2) university employees, school district employees, |
---|
2830 | 2832 | | and school resource officers who completed a mental health first |
---|
2831 | 2833 | | aid training program offered by the authority under Section |
---|
2832 | 2834 | | 1001.203 during the preceding fiscal year categorized by local |
---|
2833 | 2835 | | mental health authority region, university or school district, as |
---|
2834 | 2836 | | applicable, and category of personnel; |
---|
2835 | 2837 | | (3) individuals who are not university employees, |
---|
2836 | 2838 | | school district employees, or school resource officers who |
---|
2837 | 2839 | | completed a mental health first aid training program offered by the |
---|
2838 | 2840 | | authority during the preceding fiscal year; and |
---|
2839 | 2841 | | (4) veterans and immediate family members of veterans |
---|
2840 | 2842 | | who completed the veterans module of a mental health first aid |
---|
2841 | 2843 | | training program offered by the authority during the preceding |
---|
2842 | 2844 | | fiscal year. |
---|
2843 | 2845 | | (b) Not later than December 1 of each year, the department |
---|
2844 | 2846 | | shall compile the information submitted by local mental health |
---|
2845 | 2847 | | authorities as required by Subsection (a) and submit a report to the |
---|
2846 | 2848 | | legislature containing: |
---|
2847 | 2849 | | (1) the number of authority employees and contractors |
---|
2848 | 2850 | | trained as mental health first aid trainers during the preceding |
---|
2849 | 2851 | | fiscal year, the number of trainers who left the program for any |
---|
2850 | 2852 | | reason during the preceding fiscal year, and the number of active |
---|
2851 | 2853 | | trainers; |
---|
2852 | 2854 | | (2) the number of university employees, school |
---|
2853 | 2855 | | district employees, and school resource officers who completed a |
---|
2854 | 2856 | | mental health first aid training program provided by an authority |
---|
2855 | 2857 | | during the preceding fiscal year categorized by local mental health |
---|
2856 | 2858 | | authority region, university or school district, as applicable, and |
---|
2857 | 2859 | | category of personnel; |
---|
2858 | 2860 | | (3) the number of individuals who are not university |
---|
2859 | 2861 | | employees, school district employees, or school resource officers |
---|
2860 | 2862 | | who completed a mental health first aid training program provided |
---|
2861 | 2863 | | by an authority during the preceding fiscal year; [and] |
---|
2862 | 2864 | | (4) veterans and immediate family members of veterans |
---|
2863 | 2865 | | who completed the veterans module of a mental health first aid |
---|
2864 | 2866 | | training program provided by an authority during the preceding |
---|
2865 | 2867 | | fiscal year; and |
---|
2866 | 2868 | | (5) [(4)] a detailed accounting of expenditures of |
---|
2867 | 2869 | | money appropriated for the purpose of implementing this subchapter. |
---|
2868 | 2870 | | (c) The department shall develop and provide to local mental |
---|
2869 | 2871 | | health authorities a form to be used for the reporting of |
---|
2870 | 2872 | | information required under Subsection (a), including the reporting |
---|
2871 | 2873 | | of each category of personnel described by that subsection. |
---|
2872 | 2874 | | ARTICLE 11. CHANGES RELATING TO HUMAN RESOURCES CODE |
---|
2873 | 2875 | | SECTION 11.001. Section 45.002(5), Human Resources Code, is |
---|
2874 | 2876 | | amended to conform to Chapter 319 (S.B. 11), Acts of the 85th |
---|
2875 | 2877 | | Legislature, Regular Session, 2017, to read as follows: |
---|
2876 | 2878 | | (5) "Governmental entity" means: |
---|
2877 | 2879 | | (A) this state or a municipality or other |
---|
2878 | 2880 | | political subdivision of this state; |
---|
2879 | 2881 | | (B) any agency of this state or of a municipality |
---|
2880 | 2882 | | or other political subdivision of this state, including a |
---|
2881 | 2883 | | department, bureau, board, commission, office, agency, council, |
---|
2882 | 2884 | | and public institution of higher education; or |
---|
2883 | 2885 | | (C) a single source continuum contractor in this |
---|
2884 | 2886 | | state providing services identified under Section 264.153 |
---|
2885 | 2887 | | [264.126], Family Code. |
---|
2886 | 2888 | | ARTICLE 12. CHANGES RELATING TO INSURANCE CODE |
---|
2887 | 2889 | | SECTION 12.001. Section 2210.2515(i), Insurance Code, is |
---|
2888 | 2890 | | amended to conform to the amendment of Chapter 1001, Occupations |
---|
2889 | 2891 | | Code, by Chapter 1232 (H.B. 1523), Acts of the 86th Legislature, |
---|
2890 | 2892 | | Regular Session, 2019, to read as follows: |
---|
2891 | 2893 | | (i) The department is authorized to submit a formal |
---|
2892 | 2894 | | complaint under Chapter 1001, Occupations Code, to the Texas Board |
---|
2893 | 2895 | | of Professional Engineers and Land Surveyors related to the |
---|
2894 | 2896 | | engineering work of a professional engineer as reflected in the |
---|
2895 | 2897 | | sealed post-construction evaluation report or other materials |
---|
2896 | 2898 | | submitted by an engineer under Subsection (c). |
---|
2897 | 2899 | | SECTION 12.002. Sections 2210.581(a) and (b), Insurance |
---|
2898 | 2900 | | Code, as amended by Chapters 140 (H.B. 1944) and 790 (H.B. 1900), |
---|
2899 | 2901 | | Acts of the 86th Legislature, Regular Session, 2019, are reenacted |
---|
2900 | 2902 | | and amended to read as follows: |
---|
2901 | 2903 | | (a) Subject to Subsection (b), the commissioner, on a |
---|
2902 | 2904 | | showing of good cause, may by rule: |
---|
2903 | 2905 | | (1) extend any deadline established under this |
---|
2904 | 2906 | | subchapter; and |
---|
2905 | 2907 | | (2) set the length of the extension [and set the number |
---|
2906 | 2908 | | of days by which the deadline is extended]. |
---|
2907 | 2909 | | (b) With reference to [The] deadlines applicable to the |
---|
2908 | 2910 | | association only, all deadline extensions related to claims arising |
---|
2909 | 2911 | | from an occurrence [storm] may not exceed 120 days in the aggregate |
---|
2910 | 2912 | | [for deadlines applicable only to the association]. This subsection |
---|
2911 | 2913 | | does not affect the extension of a deadline applicable to a claimant |
---|
2912 | 2914 | | or to both the association and a claimant. [The limitation on |
---|
2913 | 2915 | | extensions under this subsection does not apply to the extension of |
---|
2914 | 2916 | | a deadline imposed on a claimant, or on both a claimant and the |
---|
2915 | 2917 | | association.] |
---|
2916 | 2918 | | SECTION 12.003. Section 2210.581(d), Insurance Code, as |
---|
2917 | 2919 | | added by Chapter 140 (H.B. 1944), Acts of the 86th Legislature, |
---|
2918 | 2920 | | Regular Session, 2019, is repealed as duplicative of Section |
---|
2919 | 2921 | | 2210.581(d), Insurance Code, as added by Chapter 790 (H.B. 1900), |
---|
2920 | 2922 | | Acts of the 86th Legislature, Regular Session, 2019. |
---|
2921 | 2923 | | ARTICLE 13. CHANGES RELATING TO NATURAL RESOURCES CODE |
---|
2922 | 2924 | | SECTION 13.001. Section 51.402(c), Natural Resources Code, |
---|
2923 | 2925 | | as amended by Chapters 493 (H.B. 4388) and 524 (S.B. 608), Acts of |
---|
2924 | 2926 | | the 86th Legislature, Regular Session, 2019, is reenacted to read |
---|
2925 | 2927 | | as follows: |
---|
2926 | 2928 | | (c) On January 1 of each even-numbered year, the market |
---|
2927 | 2929 | | value of the investments made under Subsections (a)(6) and (8) may |
---|
2928 | 2930 | | not exceed an amount that is equal to 15 percent of the market value |
---|
2929 | 2931 | | of the assets held by the board and the State Board of Education as |
---|
2930 | 2932 | | part of the permanent school fund. |
---|
2931 | 2933 | | ARTICLE 14. CHANGES RELATING TO OCCUPATIONS CODE |
---|
2932 | 2934 | | SECTION 14.001. Section 51.252(e), Occupations Code, as |
---|
2933 | 2935 | | added by Chapter 289 (H.B. 2452), Acts of the 86th Legislature, |
---|
2934 | 2936 | | Regular Session, 2019, is repealed as duplicative of Section |
---|
2935 | 2937 | | 51.252(e), Occupations Code, as added by Chapter 1144 (H.B. 2847), |
---|
2936 | 2938 | | Acts of the 86th Legislature, Regular Session, 2019. |
---|
2937 | 2939 | | SECTION 14.002. Section 153.003(b), Occupations Code, is |
---|
2938 | 2940 | | amended to conform to Chapter 469 (H.B. 4173), Acts of the 86th |
---|
2939 | 2941 | | Legislature, Regular Session, 2019, to read as follows: |
---|
2940 | 2942 | | (b) The rules adopted under this section must prohibit a |
---|
2941 | 2943 | | physician from destroying a medical record from the forensic |
---|
2942 | 2944 | | medical examination of a sexual assault victim conducted under |
---|
2943 | 2945 | | Subchapter F or G, Chapter 56A [Article 56.06 or 56.065], Code of |
---|
2944 | 2946 | | Criminal Procedure, until the 20th anniversary of the date the |
---|
2945 | 2947 | | record was created. |
---|
2946 | 2948 | | SECTION 14.003. Sections 503.207(c) and (d) and 505.205(d) |
---|
2947 | 2949 | | and (e), Occupations Code, as added by Chapter 91 (H.B. 125), Acts |
---|
2948 | 2950 | | of the 86th Legislature, Regular Session, 2019, are repealed as |
---|
2949 | 2951 | | duplicative of Sections 507.160(c) and (d), Occupations Code, as |
---|
2950 | 2952 | | added by Chapter 768 (H.B. 1501), Acts of the 86th Legislature, |
---|
2951 | 2953 | | Regular Session, 2019. |
---|
2952 | 2954 | | SECTION 14.004. Section 2022.001(b), Occupations Code, as |
---|
2953 | 2955 | | added by Chapter 963 (S.B. 1969), Acts of the 85th Legislature, |
---|
2954 | 2956 | | Regular Session, 2017, is amended to conform to Chapter 131 (H.B. |
---|
2955 | 2957 | | 1106), Acts of the 85th Legislature, Regular Session, 2017, to read |
---|
2956 | 2958 | | as follows: |
---|
2957 | 2959 | | (b) The ex officio members are: |
---|
2958 | 2960 | | (1) the chair of the Public Safety Commission, or a |
---|
2959 | 2961 | | member of the Public Safety Commission designated by the chair; and |
---|
2960 | 2962 | | (2) the commissioner of agriculture or the |
---|
2961 | 2963 | | commissioner's [comptroller or the comptroller's] designee. |
---|
2962 | 2964 | | SECTION 14.005. Section 2301.476(a)(2), Occupations Code, |
---|
2963 | 2965 | | is amended to conform to Chapters 1233 (H.B. 1548) and 882 (H.B. |
---|
2964 | 2966 | | 3171), Acts of the 86th Legislature, Regular Session, 2019, to read |
---|
2965 | 2967 | | as follows: |
---|
2966 | 2968 | | (2) "Type of motor vehicle" means the classification |
---|
2967 | 2969 | | of a motor vehicle as one of the following: |
---|
2968 | 2970 | | (A) a passenger car or a truck, including a |
---|
2969 | 2971 | | pickup truck, van, panel delivery truck, or a carryall truck, with a |
---|
2970 | 2972 | | gross vehicle weight rating of 14,000 pounds or less that is used |
---|
2971 | 2973 | | primarily to transport persons or property; |
---|
2972 | 2974 | | (B) a motorcycle or motor-driven cycle, which |
---|
2973 | 2975 | | includes: |
---|
2974 | 2976 | | (i) an all-terrain vehicle, as defined by |
---|
2975 | 2977 | | Section 551A.001 [502.001], Transportation Code; |
---|
2976 | 2978 | | (ii) a recreational off-highway vehicle, as |
---|
2977 | 2979 | | defined by Section 551A.001 [502.001], Transportation Code; |
---|
2978 | 2980 | | (iii) an autocycle, as defined by Section |
---|
2979 | 2981 | | 501.008, Transportation Code; |
---|
2980 | 2982 | | (iv) a moped, as defined by Section |
---|
2981 | 2983 | | 541.201, Transportation Code; or |
---|
2982 | 2984 | | (v) a motorcycle, as defined by Section |
---|
2983 | 2985 | | 541.201, Transportation Code; [or |
---|
2984 | 2986 | | [(vi) a motor-driven cycle, as defined by |
---|
2985 | 2987 | | Section 541.201, Transportation Code;] |
---|
2986 | 2988 | | (C) an engine, transmission, or rear axle, as |
---|
2987 | 2989 | | described by Section 2301.002(23)(C); |
---|
2988 | 2990 | | (D) a medium-duty or heavy-duty truck with a |
---|
2989 | 2991 | | gross vehicle weight rating of more than 14,000 pounds; |
---|
2990 | 2992 | | (E) a bus, as defined by Section 541.201, |
---|
2991 | 2993 | | Transportation Code; |
---|
2992 | 2994 | | (F) a road tractor or truck tractor, as defined |
---|
2993 | 2995 | | by Section 541.201, Transportation Code; |
---|
2994 | 2996 | | (G) a firefighting vehicle; or |
---|
2995 | 2997 | | (H) a recreational vehicle, which includes: |
---|
2996 | 2998 | | (i) a motor home; |
---|
2997 | 2999 | | (ii) a towable recreational vehicle; |
---|
2998 | 3000 | | (iii) a travel trailer, as defined by |
---|
2999 | 3001 | | Section 501.002, Transportation Code; or |
---|
3000 | 3002 | | (iv) a house trailer, as defined by Section |
---|
3001 | 3003 | | 501.002, Transportation Code. |
---|
3002 | 3004 | | ARTICLE 15. CHANGES RELATING TO PARKS AND WILDLIFE CODE |
---|
3003 | 3005 | | SECTION 15.001. Section 11.032(b), Parks and Wildlife Code, |
---|
3004 | 3006 | | as amended by Chapters 174 (H.B. 1300) and 426 (S.B. 733), Acts of |
---|
3005 | 3007 | | the 86th Legislature, Regular Session, 2019, is reenacted and |
---|
3006 | 3008 | | amended to read as follows: |
---|
3007 | 3009 | | (b) The department shall deposit to the credit of the game, |
---|
3008 | 3010 | | fish, and water safety account all revenue, less allowable costs, |
---|
3009 | 3011 | | from the following sources: |
---|
3010 | 3012 | | (1) all types of fishing licenses and stamps and |
---|
3011 | 3013 | | shrimping licenses; |
---|
3012 | 3014 | | (2) all types of hunting licenses and stamps; |
---|
3013 | 3015 | | (3) trapping licenses and other licenses relating to |
---|
3014 | 3016 | | the taking, propagation, and sale of fur-bearing animals or their |
---|
3015 | 3017 | | pelts; |
---|
3016 | 3018 | | (4) sale of marl, sand, gravel, shell, and mudshell; |
---|
3017 | 3019 | | (5) oyster bed rentals and permits; |
---|
3018 | 3020 | | (6) federal funds received for fish and wildlife |
---|
3019 | 3021 | | research, management, development and conservation, resource |
---|
3020 | 3022 | | protection, and law enforcement, unless the funds are received for |
---|
3021 | 3023 | | the specific purposes of Subchapter F, Chapter 77; |
---|
3022 | 3024 | | (7) sale of property, less advertising costs, |
---|
3023 | 3025 | | purchased from this account or a special fund or account that is now |
---|
3024 | 3026 | | part of this account; |
---|
3025 | 3027 | | (8) fines and penalties collected for violations of a |
---|
3026 | 3028 | | law pertaining to the protection and conservation of wild birds, |
---|
3027 | 3029 | | wild fowl, wild animals, fish, shrimp, oysters, game birds and |
---|
3028 | 3030 | | animals, fur-bearing animals, alligators, and any other wildlife |
---|
3029 | 3031 | | resources of this state; |
---|
3030 | 3032 | | (9) sale of rough fish by the department; |
---|
3031 | 3033 | | (10) fees for importation permits; |
---|
3032 | 3034 | | (11) fees from supplying fish for or placing fish in |
---|
3033 | 3035 | | water located on private property; |
---|
3034 | 3036 | | (12) sale of seized pelts; |
---|
3035 | 3037 | | (13) sale or lease of grazing rights to and the |
---|
3036 | 3038 | | products from game preserves, sanctuaries, and management areas; |
---|
3037 | 3039 | | (14) contracts for the removal of fur-bearing animals |
---|
3038 | 3040 | | and reptiles from wildlife management areas; |
---|
3039 | 3041 | | (15) vessel registration fees; |
---|
3040 | 3042 | | (16) vessel manufacturer or dealer licensing fees; |
---|
3041 | 3043 | | (17) fines or penalties imposed by a court for |
---|
3042 | 3044 | | violation of water safety laws contained in Chapter 31 of this code; |
---|
3043 | 3045 | | (18) alligator hunter's or alligator buyer's licenses; |
---|
3044 | 3046 | | (19) sale of alligators or any part of an alligator by |
---|
3045 | 3047 | | the department; |
---|
3046 | 3048 | | (20) fees and revenue collected under Section |
---|
3047 | 3049 | | 11.027(b) or (c) of this code that are associated with the |
---|
3048 | 3050 | | conservation of fish and wildlife; |
---|
3049 | 3051 | | (21) fees related to cultivated oyster mariculture; |
---|
3050 | 3052 | | (22) vessel and outboard motor titling fees; [and] |
---|
3051 | 3053 | | (23) participation fees collected under Section |
---|
3052 | 3054 | | 43.976; and |
---|
3053 | 3055 | | (24) [(23)] any other source provided by law. |
---|
3054 | 3056 | | ARTICLE 16. CHANGES RELATING TO PENAL CODE |
---|
3055 | 3057 | | SECTION 16.001. Sections 12.50(b) and (c), Penal Code, as |
---|
3056 | 3058 | | amended by Chapters 418 (S.B. 201) and 1058 (H.B. 1028), Acts of the |
---|
3057 | 3059 | | 86th Legislature, Regular Session, 2019, are reenacted to read as |
---|
3058 | 3060 | | follows: |
---|
3059 | 3061 | | (b) The increase in punishment authorized by this section |
---|
3060 | 3062 | | applies only to an offense under: |
---|
3061 | 3063 | | (1) Section 22.01; |
---|
3062 | 3064 | | (2) Section 28.02; |
---|
3063 | 3065 | | (3) Section 29.02; |
---|
3064 | 3066 | | (4) Section 30.02; |
---|
3065 | 3067 | | (5) Section 30.03; |
---|
3066 | 3068 | | (6) Section 30.04; |
---|
3067 | 3069 | | (7) Section 30.05; and |
---|
3068 | 3070 | | (8) Section 31.03. |
---|
3069 | 3071 | | (c) If an offense listed under Subsection (b)(1), (5), (6), |
---|
3070 | 3072 | | (7), or (8) is punishable as a Class A misdemeanor, the minimum term |
---|
3071 | 3073 | | of confinement for the offense is increased to 180 days. If an |
---|
3072 | 3074 | | offense listed under Subsection (b)(2), (4), or (8) is punishable |
---|
3073 | 3075 | | as a felony of the first degree, the punishment for that offense may |
---|
3074 | 3076 | | not be increased under this section. |
---|
3075 | 3077 | | SECTION 16.002. Section 22.011(f), Penal Code, as amended |
---|
3076 | 3078 | | by Chapters 436 (S.B. 1259) and 738 (H.B. 667), Acts of the 86th |
---|
3077 | 3079 | | Legislature, Regular Session, 2019, is reenacted and amended to |
---|
3078 | 3080 | | read as follows: |
---|
3079 | 3081 | | (f) An offense under this section is a felony of the second |
---|
3080 | 3082 | | degree, except that an offense under this section is: |
---|
3081 | 3083 | | (1) a felony of the first degree if the victim was: |
---|
3082 | 3084 | | (A) [(1)] a person whom the actor was prohibited |
---|
3083 | 3085 | | from marrying or purporting to marry or with whom the actor was |
---|
3084 | 3086 | | prohibited from living under the appearance of being married under |
---|
3085 | 3087 | | Section 25.01; or |
---|
3086 | 3088 | | (B) [(2)] a person with whom the actor was |
---|
3087 | 3089 | | prohibited from engaging in sexual intercourse or deviate sexual |
---|
3088 | 3090 | | intercourse under Section 25.02; or |
---|
3089 | 3091 | | (2) a state jail felony if the offense is committed |
---|
3090 | 3092 | | under Subsection (a)(1) and the actor has not received express |
---|
3091 | 3093 | | consent as described by Subsection (b)(12). |
---|
3092 | 3094 | | SECTION 16.003. Section 25.07(g), Penal Code, is amended to |
---|
3093 | 3095 | | conform to Chapter 469 (H.B. 4173), Acts of the 86th Legislature, |
---|
3094 | 3096 | | Regular Session, 2019, to read as follows: |
---|
3095 | 3097 | | (g) An offense under this section is a Class A misdemeanor, |
---|
3096 | 3098 | | except the offense is: |
---|
3097 | 3099 | | (1) subject to Subdivision (2), a state jail felony if |
---|
3098 | 3100 | | it is shown at the trial of the offense that the defendant violated |
---|
3099 | 3101 | | an order issued as a result of an application filed under Article |
---|
3100 | 3102 | | 7B.001(a-1) [7A.01(a-1)], Code of Criminal Procedure; or |
---|
3101 | 3103 | | (2) a felony of the third degree if it is shown on the |
---|
3102 | 3104 | | trial of the offense that the defendant: |
---|
3103 | 3105 | | (A) has previously been convicted two or more |
---|
3104 | 3106 | | times of an offense under this section or two or more times of an |
---|
3105 | 3107 | | offense under Section 25.072, or has previously been convicted of |
---|
3106 | 3108 | | an offense under this section and an offense under Section 25.072; |
---|
3107 | 3109 | | or |
---|
3108 | 3110 | | (B) has violated the order or condition of bond |
---|
3109 | 3111 | | by committing an assault or the offense of stalking. |
---|
3110 | 3112 | | SECTION 16.004. Section 37.09(c-1), Penal Code, is amended |
---|
3111 | 3113 | | to correct a reference to read as follows: |
---|
3112 | 3114 | | (c-1) It is a defense to prosecution under Subsection (a) or |
---|
3113 | 3115 | | (d)(1) that the record, document, or thing was visual material |
---|
3114 | 3116 | | prohibited under Section 43.261 that was destroyed as described by |
---|
3115 | 3117 | | Subsection (f)(3) [(f)(3)(B)] of that section. |
---|
3116 | 3118 | | SECTION 16.005. Section 46.15(h), Penal Code, is amended to |
---|
3117 | 3119 | | conform to Chapter 216 (H.B. 446), Acts of the 86th Legislature, |
---|
3118 | 3120 | | Regular Session, 2019, to read as follows: |
---|
3119 | 3121 | | (h) The provisions of Section [Sections 46.02 and] 46.03 |
---|
3120 | 3122 | | prohibiting the possession or carrying of a club do not apply to a |
---|
3121 | 3123 | | code enforcement officer who: |
---|
3122 | 3124 | | (1) holds a certificate of registration issued under |
---|
3123 | 3125 | | Chapter 1952, Occupations Code; and |
---|
3124 | 3126 | | (2) possesses or carries an instrument used |
---|
3125 | 3127 | | specifically for deterring an animal bite while the officer is: |
---|
3126 | 3128 | | (A) performing official duties; or |
---|
3127 | 3129 | | (B) traveling to or from a place of duty. |
---|
3128 | 3130 | | ARTICLE 17. CHANGES RELATING TO PROPERTY CODE |
---|
3129 | 3131 | | SECTION 17.001. Section 74.501(e), Property Code, as |
---|
3130 | 3132 | | amended by Chapters 267 (S.B. 1420) and 897 (H.B. 3598), Acts of the |
---|
3131 | 3133 | | 86th Legislature, Regular Session, 2019, is reenacted to read as |
---|
3132 | 3134 | | follows: |
---|
3133 | 3135 | | (e) Except as provided by Subsection (f) or Section 551.051, |
---|
3134 | 3136 | | Estates Code, the comptroller may not pay to the following persons a |
---|
3135 | 3137 | | claim to which this section applies: |
---|
3136 | 3138 | | (1) a creditor, a judgment creditor, a lienholder, or |
---|
3137 | 3139 | | an assignee of the reported owner or of the owner's heirs; |
---|
3138 | 3140 | | (2) a person holding a power of attorney from the |
---|
3139 | 3141 | | reported owner or the owner's heirs; or |
---|
3140 | 3142 | | (3) a person attempting to make a claim on behalf of a |
---|
3141 | 3143 | | corporation that was previously forfeited, dissolved, or |
---|
3142 | 3144 | | terminated, if the comptroller finds that: |
---|
3143 | 3145 | | (A) the corporation was revived for the purpose |
---|
3144 | 3146 | | of making a claim under this section; and |
---|
3145 | 3147 | | (B) the person submitting the claim was not an |
---|
3146 | 3148 | | authorized representative of the corporation at the time of the |
---|
3147 | 3149 | | corporation's forfeiture, dissolution, or termination. |
---|
3148 | 3150 | | ARTICLE 18. CHANGES RELATING TO SPECIAL DISTRICT LOCAL LAWS CODE |
---|
3149 | 3151 | | SECTION 18.001. Section 5012.0003, Special District Local |
---|
3150 | 3152 | | Laws Code, is amended to correct a reference to read as follows: |
---|
3151 | 3153 | | Sec. 5012.0003. AUTHORITY TERRITORY. The authority is |
---|
3152 | 3154 | | composed of the territory in Jefferson County described by Section |
---|
3153 | 3155 | | 1, Chapter 379, Acts of the 63rd Legislature, Regular Session, |
---|
3154 | 3156 | | 1973, as that territory may have been modified under: |
---|
3155 | 3157 | | (1) Subchapter H, Chapter 62, Water Code; or |
---|
3156 | 3158 | | (2) other law. |
---|
3157 | 3159 | | ARTICLE 19. CHANGES RELATING TO TAX CODE |
---|
3158 | 3160 | | SECTION 19.001. Section 25.025(a), Tax Code, as amended by |
---|
3159 | 3161 | | Chapters 467 (H.B. 4170), 469 (H.B. 4173), 633 (S.B. 1494), 1213 |
---|
3160 | 3162 | | (S.B. 662), and 1245 (H.B. 2446), Acts of the 86th Legislature, |
---|
3161 | 3163 | | Regular Session, 2019, is reenacted and amended to read as follows: |
---|
3162 | 3164 | | (a) This section applies only to: |
---|
3163 | 3165 | | (1) a current or former peace officer as defined by |
---|
3164 | 3166 | | Article 2.12, Code of Criminal Procedure, and the spouse or |
---|
3165 | 3167 | | surviving spouse of the peace officer; |
---|
3166 | 3168 | | (2) the adult child of a current peace officer as |
---|
3167 | 3169 | | defined by Article 2.12, Code of Criminal Procedure; |
---|
3168 | 3170 | | (3) a county jailer as defined by Section 1701.001, |
---|
3169 | 3171 | | Occupations Code; |
---|
3170 | 3172 | | (4) an employee of the Texas Department of Criminal |
---|
3171 | 3173 | | Justice; |
---|
3172 | 3174 | | (5) a commissioned security officer as defined by |
---|
3173 | 3175 | | Section 1702.002, Occupations Code; |
---|
3174 | 3176 | | (6) an individual who shows that the individual, the |
---|
3175 | 3177 | | individual's child, or another person in the individual's household |
---|
3176 | 3178 | | is a victim of family violence as defined by Section 71.004, Family |
---|
3177 | 3179 | | Code, by providing: |
---|
3178 | 3180 | | (A) a copy of a protective order issued under |
---|
3179 | 3181 | | Chapter 85, Family Code, or a magistrate's order for emergency |
---|
3180 | 3182 | | protection issued under Article 17.292, Code of Criminal Procedure; |
---|
3181 | 3183 | | or |
---|
3182 | 3184 | | (B) other independent documentary evidence |
---|
3183 | 3185 | | necessary to show that the individual, the individual's child, or |
---|
3184 | 3186 | | another person in the individual's household is a victim of family |
---|
3185 | 3187 | | violence; |
---|
3186 | 3188 | | (7) an individual who shows that the individual, the |
---|
3187 | 3189 | | individual's child, or another person in the individual's household |
---|
3188 | 3190 | | is a victim of sexual assault or abuse, stalking, or trafficking of |
---|
3189 | 3191 | | persons by providing: |
---|
3190 | 3192 | | (A) a copy of a protective order issued under |
---|
3191 | 3193 | | Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a |
---|
3192 | 3194 | | magistrate's order for emergency protection issued under Article |
---|
3193 | 3195 | | 17.292, Code of Criminal Procedure; or |
---|
3194 | 3196 | | (B) other independent documentary evidence |
---|
3195 | 3197 | | necessary to show that the individual, the individual's child, or |
---|
3196 | 3198 | | another person in the individual's household is a victim of sexual |
---|
3197 | 3199 | | assault or abuse, stalking, or trafficking of persons; |
---|
3198 | 3200 | | (8) a participant in the address confidentiality |
---|
3199 | 3201 | | program administered by the attorney general under Subchapter B, |
---|
3200 | 3202 | | Chapter 58, Code of Criminal Procedure, who provides proof of |
---|
3201 | 3203 | | certification under Article 58.059, Code of Criminal Procedure; |
---|
3202 | 3204 | | (9) a federal judge, a state judge, or the spouse of a |
---|
3203 | 3205 | | federal judge or state judge; |
---|
3204 | 3206 | | (10) a current or former district attorney, criminal |
---|
3205 | 3207 | | district attorney, or county or municipal attorney whose |
---|
3206 | 3208 | | jurisdiction includes any criminal law or child protective services |
---|
3207 | 3209 | | matters; |
---|
3208 | 3210 | | (11) a current or former employee of a district |
---|
3209 | 3211 | | attorney, criminal district attorney, or county or municipal |
---|
3210 | 3212 | | attorney whose jurisdiction includes any criminal law or child |
---|
3211 | 3213 | | protective services matters; |
---|
3212 | 3214 | | (12) an officer or employee of a community supervision |
---|
3213 | 3215 | | and corrections department established under Chapter 76, |
---|
3214 | 3216 | | Government Code, who performs a duty described by Section 76.004(b) |
---|
3215 | 3217 | | of that code; |
---|
3216 | 3218 | | (13) a criminal investigator of the United States as |
---|
3217 | 3219 | | described by Article 2.122(a), Code of Criminal Procedure; |
---|
3218 | 3220 | | (14) a police officer or inspector of the United |
---|
3219 | 3221 | | States Federal Protective Service; |
---|
3220 | 3222 | | (15) a current or former United States attorney or |
---|
3221 | 3223 | | assistant United States attorney and the spouse and child of the |
---|
3222 | 3224 | | attorney; |
---|
3223 | 3225 | | (16) a current or former employee of the office of the |
---|
3224 | 3226 | | attorney general who is or was assigned to a division of that office |
---|
3225 | 3227 | | the duties of which involve law enforcement; |
---|
3226 | 3228 | | (17) a medical examiner or person who performs |
---|
3227 | 3229 | | forensic analysis or testing who is employed by this state or one or |
---|
3228 | 3230 | | more political subdivisions of this state; |
---|
3229 | 3231 | | (18) a current or former member of the United States |
---|
3230 | 3232 | | armed forces who has served in an area that the president of the |
---|
3231 | 3233 | | United States by executive order designates for purposes of 26 |
---|
3232 | 3234 | | U.S.C. Section 112 as an area in which armed forces of the United |
---|
3233 | 3235 | | States are or have engaged in combat; |
---|
3234 | 3236 | | (19) a current or former employee of the Texas |
---|
3235 | 3237 | | Juvenile Justice Department or of the predecessors in function of |
---|
3236 | 3238 | | the department; |
---|
3237 | 3239 | | (20) a current or former juvenile probation or |
---|
3238 | 3240 | | supervision officer certified by the Texas Juvenile Justice |
---|
3239 | 3241 | | Department, or the predecessors in function of the department, |
---|
3240 | 3242 | | under Title 12, Human Resources Code; |
---|
3241 | 3243 | | (21) a current or former employee of a juvenile |
---|
3242 | 3244 | | justice program or facility, as those terms are defined by Section |
---|
3243 | 3245 | | 261.405, Family Code; |
---|
3244 | 3246 | | (22) a current or former employee of the Texas Civil |
---|
3245 | 3247 | | Commitment Office or the predecessor in function of the office or a |
---|
3246 | 3248 | | division of the office; [and] |
---|
3247 | 3249 | | (23) a current or former employee of a federal judge or |
---|
3248 | 3250 | | state judge; |
---|
3249 | 3251 | | (24) a current or former child protective services |
---|
3250 | 3252 | | caseworker, adult protective services caseworker, or investigator |
---|
3251 | 3253 | | for the Department of Family and Protective Services or a current or |
---|
3252 | 3254 | | former employee of a department contractor performing child |
---|
3253 | 3255 | | protective services caseworker, adult protective services |
---|
3254 | 3256 | | caseworker, or investigator functions for the contractor on behalf |
---|
3255 | 3257 | | of the department; [and] |
---|
3256 | 3258 | | (25) [(24)] a state officer elected statewide or a |
---|
3257 | 3259 | | member of the legislature; and |
---|
3258 | 3260 | | (26) [(24)] a firefighter or volunteer firefighter or |
---|
3259 | 3261 | | emergency medical services personnel as defined by Section 773.003, |
---|
3260 | 3262 | | Health and Safety Code. |
---|
3261 | 3263 | | SECTION 19.002. Section 26.08(n-1), Tax Code, is repealed |
---|
3262 | 3264 | | as executed. |
---|
3263 | 3265 | | SECTION 19.003. Section 151.461(5), Tax Code, as amended by |
---|
3264 | 3266 | | Chapters 1332 (H.B. 4542) and 1359 (H.B. 1545), Acts of the 86th |
---|
3265 | 3267 | | Legislature, Regular Session, 2019, is reenacted and amended to |
---|
3266 | 3268 | | read as follows: |
---|
3267 | 3269 | | (5) "Retailer" means a person required to hold: |
---|
3268 | 3270 | | (A) a wine and malt beverage retailer's permit |
---|
3269 | 3271 | | under Chapter 25, Alcoholic Beverage Code; |
---|
3270 | 3272 | | (B) a wine and malt beverage retailer's |
---|
3271 | 3273 | | off-premise permit under Chapter 26, Alcoholic Beverage Code; |
---|
3272 | 3274 | | (C) a nonprofit entity temporary event permit |
---|
3273 | 3275 | | under Chapter 30, Alcoholic Beverage Code; |
---|
3274 | 3276 | | (D) a mixed beverage permit under Chapter 28, |
---|
3275 | 3277 | | Alcoholic Beverage Code; |
---|
3276 | 3278 | | (E) a private club registration permit under |
---|
3277 | 3279 | | Chapter 32, Alcoholic Beverage Code; |
---|
3278 | 3280 | | (F) a certificate issued to a fraternal or |
---|
3279 | 3281 | | veterans organization under Section 32.11, Alcoholic Beverage |
---|
3280 | 3282 | | Code; |
---|
3281 | 3283 | | (G) a retail dealer's on-premise license under |
---|
3282 | 3284 | | Chapter 69, Alcoholic Beverage Code; [or] |
---|
3283 | 3285 | | (H) a retail dealer's off-premise license under |
---|
3284 | 3286 | | Chapter 71, Alcoholic Beverage Code, except for a dealer who also |
---|
3285 | 3287 | | holds a package store permit under Chapter 22, Alcoholic Beverage |
---|
3286 | 3288 | | Code; or |
---|
3287 | 3289 | | (I) [(M)] a brewpub license under Chapter 74, |
---|
3288 | 3290 | | Alcoholic Beverage Code. |
---|
3289 | 3291 | | SECTION 19.004. Section 312.210(b), Tax Code, is amended to |
---|
3290 | 3292 | | correct a reference to read as follows: |
---|
3291 | 3293 | | (b) A tax abatement agreement with the owner of real |
---|
3292 | 3294 | | property or tangible personal property that is located in the |
---|
3293 | 3295 | | reinvestment zone described by Subsection (a) and in a school |
---|
3294 | 3296 | | district that has a local revenue level that does not exceed the |
---|
3295 | 3297 | | level established under Section 48.257, Education Code, must exempt |
---|
3296 | 3298 | | from taxation: |
---|
3297 | 3299 | | (1) the portion of the value of the property in the |
---|
3298 | 3300 | | amount specified in the joint agreement among the municipality, |
---|
3299 | 3301 | | county, and junior college district; and |
---|
3300 | 3302 | | (2) an amount equal to 10 percent of the maximum |
---|
3301 | 3303 | | portion of the value of the property that may under Section |
---|
3302 | 3304 | | 312.204(a) be otherwise exempted from taxation. |
---|
3303 | 3305 | | ARTICLE 20. CHANGES RELATING TO TRANSPORTATION CODE |
---|
3304 | 3306 | | SECTION 20.001. Section 56.001(3), Transportation Code, is |
---|
3305 | 3307 | | repealed to conform to Chapter 1310 (H.B. 3850), Acts of the 86th |
---|
3306 | 3308 | | Legislature, Regular Session, 2019. |
---|
3307 | 3309 | | SECTION 20.002. Section 66.016(c), Transportation Code, as |
---|
3308 | 3310 | | added by Chapter 1346 (S.B. 1915), Acts of the 86th Legislature, |
---|
3309 | 3311 | | Regular Session, 2019, is repealed as duplicative of Section |
---|
3310 | 3312 | | 66.016(c), Transportation Code, as added by Chapter 1347 (S.B. |
---|
3311 | 3313 | | 2223), Acts of the 86th Legislature, Regular Session, 2019. |
---|
3312 | 3314 | | SECTION 20.003. Section 501.0301(a)(1), Transportation |
---|
3313 | 3315 | | Code, is amended to conform to Chapter 1233 (H.B. 1548), Acts of the |
---|
3314 | 3316 | | 86th Legislature, Regular Session, 2019, to read as follows: |
---|
3315 | 3317 | | (1) "Off-highway vehicle" means: |
---|
3316 | 3318 | | (A) an all-terrain vehicle or recreational |
---|
3317 | 3319 | | off-highway vehicle, as those terms are defined by Section 551A.001 |
---|
3318 | 3320 | | [502.001]; |
---|
3319 | 3321 | | (B) a motorcycle, as that term is defined by |
---|
3320 | 3322 | | Section 541.201, other than a motorcycle described by Section |
---|
3321 | 3323 | | 521.001, that is designed by the manufacturer for off-highway use |
---|
3322 | 3324 | | only; or |
---|
3323 | 3325 | | (C) a utility vehicle, as that term is defined by |
---|
3324 | 3326 | | Section 551A.001 [663.001]. |
---|
3325 | 3327 | | SECTION 20.004. Section 504.202(e-1), Transportation Code, |
---|
3326 | 3328 | | is amended to correct a reference to read as follows: |
---|
3327 | 3329 | | (e-1) Other than license plates issued under Subsection |
---|
3328 | 3330 | | (h), license plates issued under this section may include, on |
---|
3329 | 3331 | | request: |
---|
3330 | 3332 | | (1) the emblem of the veteran's branch of service; or |
---|
3331 | 3333 | | (2) one emblem from another license plate to which the |
---|
3332 | 3334 | | person is entitled under Section 504.308, 504.309, 504.310(b), |
---|
3333 | 3335 | | 504.311, 504.312, 504.313, 504.3135, 504.314, 504.315, 504.316, |
---|
3334 | 3336 | | 504.3161, 504.318, 504.319, 504.320, 504.323, [as added by Chapter |
---|
3335 | 3337 | | 1085 (H.B. 3567), Acts of the 85th Legislature, Regular Session, |
---|
3336 | 3338 | | 2017,] or 504.325. |
---|
3337 | 3339 | | SECTION 20.005. Section 504.3161, Transportation Code, as |
---|
3338 | 3340 | | amended by Chapters 651 (S.B. 1806) and 746 (H.B. 819), Acts of the |
---|
3339 | 3341 | | 86th Legislature, Regular Session, 2019, is reenacted and amended |
---|
3340 | 3342 | | to read as follows: |
---|
3341 | 3343 | | Sec. 504.3161. MILITARY SPECIALTY LICENSE PLATES FOR |
---|
3342 | 3344 | | RECIPIENTS OF CERTAIN MILITARY CAMPAIGN AND SERVICE AWARDS. The |
---|
3343 | 3345 | | department shall issue specialty license plates for recipients of |
---|
3344 | 3346 | | the following military awards that include the name of the award: |
---|
3345 | 3347 | | (1) the Armed Forces Expeditionary Medal; |
---|
3346 | 3348 | | (2) the Armed Forces Service Medal; |
---|
3347 | 3349 | | (3) the Navy Expeditionary Medal; |
---|
3348 | 3350 | | (4) the Global War on Terrorism Expeditionary Medal; |
---|
3349 | 3351 | | (5) the Global War on Terrorism Service Medal; |
---|
3350 | 3352 | | (6) the Marine Corps Expeditionary Medal; |
---|
3351 | 3353 | | (7) the Merchant Marine Expeditionary Medal; |
---|
3352 | 3354 | | (8) the Kosovo Campaign Medal; |
---|
3353 | 3355 | | (9) the Inherent Resolve Campaign Medal; [and] |
---|
3354 | 3356 | | (10) the China Service Medal; and |
---|
3355 | 3357 | | (11) [(10)] the Nuclear Deterrence Operations Service |
---|
3356 | 3358 | | Medal. |
---|
3357 | 3359 | | SECTION 20.006. Section 542.304(a), Transportation Code, |
---|
3358 | 3360 | | as added by Chapter 1094 (H.B. 2048), Acts of the 86th Legislature, |
---|
3359 | 3361 | | Regular Session, 2019, is amended to conform to Section 4.40, |
---|
3360 | 3362 | | Chapter 1352 (S.B. 346), Acts of the 86th Legislature, Regular |
---|
3361 | 3363 | | Session, 2019, to read as follows: |
---|
3362 | 3364 | | (a) The department by rule shall designate the offenses |
---|
3363 | 3365 | | involving the operation of a motor vehicle that constitute a moving |
---|
3364 | 3366 | | violation of the traffic law for the purposes of: |
---|
3365 | 3367 | | (1) [Article 102.022(a), Code of Criminal Procedure; |
---|
3366 | 3368 | | [(2)] Section 1001.112(a-2), Education Code; |
---|
3367 | 3369 | | (2) [(3)] Section 411.110(f), Government Code; and |
---|
3368 | 3370 | | (3) [(4)] Sections 773.0614(b) and 773.06141(a), |
---|
3369 | 3371 | | Health and Safety Code. |
---|
3370 | 3372 | | SECTION 20.007. Section 551.107(a), Transportation Code, |
---|
3371 | 3373 | | is amended to conform to Chapter 1233 (H.B. 1548), Acts of the 86th |
---|
3372 | 3374 | | Legislature, Regular Session, 2019, to read as follows: |
---|
3373 | 3375 | | (a) Subtitles A, B, and D and Chapter 551A [663] do not apply |
---|
3374 | 3376 | | to the operation of an electric bicycle. |
---|
3375 | 3377 | | SECTION 20.008. Section 551A.001, Transportation Code, as |
---|
3376 | 3378 | | transferred and redesignated from Section 663.001, Transportation |
---|
3377 | 3379 | | Code, by Chapter 1233 (H.B. 1548), Acts of the 86th Legislature, |
---|
3378 | 3380 | | Regular Session, 2019, and amended by Chapters 595 (S.B. 616) and |
---|
3379 | 3381 | | 1079 (H.B. 1755), Acts of the 86th Legislature, Regular Session, |
---|
3380 | 3382 | | 2019, is reenacted and amended to read as follows: |
---|
3381 | 3383 | | Sec. 551A.001. DEFINITIONS. In this chapter: |
---|
3382 | 3384 | | (1) "All-terrain vehicle" means a motor vehicle that |
---|
3383 | 3385 | | is: |
---|
3384 | 3386 | | (A) equipped with a seat or seats for the use of: |
---|
3385 | 3387 | | (i) the rider; and |
---|
3386 | 3388 | | (ii) a passenger, if the motor vehicle is |
---|
3387 | 3389 | | designed by the manufacturer to transport a passenger; |
---|
3388 | 3390 | | (B) designed to propel itself with three or more |
---|
3389 | 3391 | | tires in contact with the ground; |
---|
3390 | 3392 | | (C) designed by the manufacturer for off-highway |
---|
3391 | 3393 | | use; |
---|
3392 | 3394 | | (D) not designed by the manufacturer primarily |
---|
3393 | 3395 | | for farming or lawn care; and |
---|
3394 | 3396 | | (E) not more than 50 inches wide. |
---|
3395 | 3397 | | (1-b) "Commission" means the Texas Commission of |
---|
3396 | 3398 | | Licensing and Regulation. |
---|
3397 | 3399 | | (1-c) "Department" means the Texas Department of |
---|
3398 | 3400 | | Licensing and Regulation. |
---|
3399 | 3401 | | (1-d) [(3)] "Off-highway vehicle" means: |
---|
3400 | 3402 | | (A) an all-terrain vehicle[,] or recreational |
---|
3401 | 3403 | | off-highway vehicle; |
---|
3402 | 3404 | | (B) a sand rail; or |
---|
3403 | 3405 | | (C) a utility vehicle. |
---|
3404 | 3406 | | (2) "Beach" means a beach area, publicly or privately |
---|
3405 | 3407 | | owned, that borders the seaward shore of the Gulf of Mexico. |
---|
3406 | 3408 | | (3) "Sand rail" means a vehicle, as defined by Section |
---|
3407 | 3409 | | 502.001, that: |
---|
3408 | 3410 | | (A) is designed or built primarily for |
---|
3409 | 3411 | | off-highway use in sandy terrains, including for use on sand dunes; |
---|
3410 | 3412 | | (B) has a tubular frame, an integrated roll cage, |
---|
3411 | 3413 | | and an engine that is rear-mounted or placed midway between the |
---|
3412 | 3414 | | front and rear axles of the vehicle; and |
---|
3413 | 3415 | | (C) has a gross vehicle weight, as defined by |
---|
3414 | 3416 | | Section 541.401, of: |
---|
3415 | 3417 | | (i) not less than 700 pounds; and |
---|
3416 | 3418 | | (ii) not more than 2,000 pounds. |
---|
3417 | 3419 | | (4) "Public off-highway vehicle land" means land on |
---|
3418 | 3420 | | which off-highway recreation is authorized under Chapter 29, Parks |
---|
3419 | 3421 | | and Wildlife Code. |
---|
3420 | 3422 | | (5) "Recreational off-highway vehicle" means a motor |
---|
3421 | 3423 | | vehicle that is: |
---|
3422 | 3424 | | (A) equipped with a seat or seats for the use of: |
---|
3423 | 3425 | | (i) the rider; and |
---|
3424 | 3426 | | (ii) a passenger or passengers, if the |
---|
3425 | 3427 | | vehicle is designed by the manufacturer to transport a passenger or |
---|
3426 | 3428 | | passengers; |
---|
3427 | 3429 | | (B) designed to propel itself with four or more |
---|
3428 | 3430 | | tires in contact with the ground; |
---|
3429 | 3431 | | (C) designed by the manufacturer for off-highway |
---|
3430 | 3432 | | use by the operator only; and |
---|
3431 | 3433 | | (D) not designed by the manufacturer primarily |
---|
3432 | 3434 | | for farming or lawn care. |
---|
3433 | 3435 | | (6) "Utility vehicle" means a motor vehicle that is |
---|
3434 | 3436 | | not a golf cart, as defined by Section 551.401, or lawn mower and |
---|
3435 | 3437 | | is: |
---|
3436 | 3438 | | (A) equipped with side-by-side seating for the |
---|
3437 | 3439 | | use of the operator and a passenger; |
---|
3438 | 3440 | | (B) designed to propel itself with at least four |
---|
3439 | 3441 | | tires in contact with the ground; |
---|
3440 | 3442 | | (C) designed by the manufacturer for off-highway |
---|
3441 | 3443 | | use only; and |
---|
3442 | 3444 | | (D) designed by the manufacturer primarily for |
---|
3443 | 3445 | | utility work and not for recreational purposes. |
---|
3444 | 3446 | | SECTION 20.009. Section 644.101(b), Transportation Code, |
---|
3445 | 3447 | | as reenacted and amended by Chapters 102 (S.B. 636), 163 (H.B. 695), |
---|
3446 | 3448 | | 169 (H.B. 917), and 467 (H.B. 4170), Acts of the 86th Legislature, |
---|
3447 | 3449 | | Regular Session, 2019, is reenacted and amended to read as follows: |
---|
3448 | 3450 | | (b) A police officer of any of the following municipalities |
---|
3449 | 3451 | | is eligible to apply for certification under this section: |
---|
3450 | 3452 | | (1) a municipality with a population of 50,000 or |
---|
3451 | 3453 | | more; |
---|
3452 | 3454 | | (2) a municipality with a population of 25,000 or more |
---|
3453 | 3455 | | any part of which is located in a county with a population of |
---|
3454 | 3456 | | 500,000 or more; |
---|
3455 | 3457 | | (3) a municipality with a population of less than |
---|
3456 | 3458 | | 25,000: |
---|
3457 | 3459 | | (A) any part of which is located in a county with |
---|
3458 | 3460 | | a population of 3.3 million; and |
---|
3459 | 3461 | | (B) that contains or is adjacent to an |
---|
3460 | 3462 | | international port; |
---|
3461 | 3463 | | (4) a municipality with a population of at least |
---|
3462 | 3464 | | 34,000 that is located in a county that borders two or more states; |
---|
3463 | 3465 | | (5) a municipality any part of which is located in a |
---|
3464 | 3466 | | county bordering the United Mexican States; |
---|
3465 | 3467 | | (6) a municipality with a population of less than |
---|
3466 | 3468 | | 5,000 that is located: |
---|
3467 | 3469 | | (A) adjacent to a bay connected to the Gulf of |
---|
3468 | 3470 | | Mexico; and |
---|
3469 | 3471 | | (B) in a county adjacent to a county with a |
---|
3470 | 3472 | | population greater than 3.3 million; |
---|
3471 | 3473 | | (7) a municipality that is located: |
---|
3472 | 3474 | | (A) within 25 miles of an international port; and |
---|
3473 | 3475 | | (B) in a county that does not contain a highway |
---|
3474 | 3476 | | that is part of the national system of interstate and defense |
---|
3475 | 3477 | | highways and is adjacent to a county with a population greater than |
---|
3476 | 3478 | | 3.3 million; |
---|
3477 | 3479 | | (8) a municipality with a population of less than |
---|
3478 | 3480 | | 8,500 that: |
---|
3479 | 3481 | | (A) is the county seat; and |
---|
3480 | 3482 | | (B) contains a highway that is part of the |
---|
3481 | 3483 | | national system of interstate and defense highways; |
---|
3482 | 3484 | | (9) a municipality located in a county with a |
---|
3483 | 3485 | | population between 60,000 and 66,000 adjacent to a bay connected to |
---|
3484 | 3486 | | the Gulf of Mexico; |
---|
3485 | 3487 | | (10) a municipality with a population of more than |
---|
3486 | 3488 | | 40,000 and less than 50,000 that is located in a county with a |
---|
3487 | 3489 | | population of more than 285,000 and less than 300,000 that borders |
---|
3488 | 3490 | | the Gulf of Mexico; |
---|
3489 | 3491 | | (11) a municipality with a population between 18,000 |
---|
3490 | 3492 | | and 18,500 that is located entirely in a county that: |
---|
3491 | 3493 | | (A) has a population of less than 200,000; |
---|
3492 | 3494 | | (B) is adjacent to two counties that each have a |
---|
3493 | 3495 | | population of more than 1.2 million; and |
---|
3494 | 3496 | | (C) contains two highways that are part of the |
---|
3495 | 3497 | | national system of interstate and defense highways; [or] |
---|
3496 | 3498 | | (12) a municipality with a population of more than |
---|
3497 | 3499 | | 3,000 and less than 10,000 that: |
---|
3498 | 3500 | | (A) contains a highway that is part of the |
---|
3499 | 3501 | | national system of interstate and defense highways; and |
---|
3500 | 3502 | | (B) is located in a county with a population |
---|
3501 | 3503 | | between 150,000 and 155,000; [or] |
---|
3502 | 3504 | | (13) a municipality with a population of less than |
---|
3503 | 3505 | | 75,000 that is located in three counties, at least one of which has |
---|
3504 | 3506 | | a population greater than 3.3 million; |
---|
3505 | 3507 | | (14) [(13)] a municipality with a population between |
---|
3506 | 3508 | | 14,000 and 17,000 that: |
---|
3507 | 3509 | | (A) contains three or more numbered United States |
---|
3508 | 3510 | | highways; and |
---|
3509 | 3511 | | (B) is located in a county that is adjacent to a |
---|
3510 | 3512 | | county with a population of more than 200,000; or |
---|
3511 | 3513 | | (15) [(13)] a municipality with a population of less |
---|
3512 | 3514 | | than 50,000 that is located in: |
---|
3513 | 3515 | | (A) a county that generated $20 million or more |
---|
3514 | 3516 | | in tax revenue collected under Chapters 201 and 202, Tax Code, from |
---|
3515 | 3517 | | oil and gas production during the preceding state fiscal year; or |
---|
3516 | 3518 | | (B) a county that is adjacent to two or more |
---|
3517 | 3519 | | counties described by Paragraph (A). |
---|
3518 | 3520 | | SECTION 20.010. Section 644.101(c), Transportation Code, |
---|
3519 | 3521 | | as amended by Chapters 169 (H.B. 917) and 478 (H.B. 511), Acts of |
---|
3520 | 3522 | | the 86th Legislature, Regular Session, 2019, is reenacted and |
---|
3521 | 3523 | | amended to read as follows: |
---|
3522 | 3524 | | (c) A sheriff or a deputy sheriff of any of the following |
---|
3523 | 3525 | | counties is eligible to apply for certification under this section: |
---|
3524 | 3526 | | (1) a county bordering the United Mexican States; |
---|
3525 | 3527 | | (2) a county with a population of less than 1,000, part |
---|
3526 | 3528 | | of which is located within 75 miles of an international border; [or] |
---|
3527 | 3529 | | (3) [(2)] a county with a population of 700,000 or |
---|
3528 | 3530 | | more; or |
---|
3529 | 3531 | | (4) [(3)] a county with a population of 400,000 or |
---|
3530 | 3532 | | more that borders the county in which the State Capitol is located. |
---|
3531 | 3533 | | SECTION 20.011. Section 731.001(b), Transportation Code, |
---|
3532 | 3534 | | is amended to conform to Chapter 1233 (H.B. 1548), Acts of the 86th |
---|
3533 | 3535 | | Legislature, Regular Session, 2019, to read as follows: |
---|
3534 | 3536 | | (b) For purposes of Subsection (a)(4), the term "assembled |
---|
3535 | 3537 | | vehicle" does not include a golf cart, as defined by Section |
---|
3536 | 3538 | | 551.401, or an off-highway vehicle, as defined by Section 551A.001 |
---|
3537 | 3539 | | [663.001], regardless of whether the vehicle is built or assembled |
---|
3538 | 3540 | | by a hobbyist. |
---|
3539 | 3541 | | ARTICLE 21. REDESIGNATIONS |
---|
3540 | 3542 | | SECTION 21.001. The following provisions of enacted codes |
---|
3541 | 3543 | | are redesignated to eliminate duplicate citations or to relocate |
---|
3542 | 3544 | | misplaced provisions: |
---|
3543 | 3545 | | (1) Section 14.07, Alcoholic Beverage Code, as added |
---|
3544 | 3546 | | by Chapter 1359 (H.B. 1545), Acts of the 86th Legislature, Regular |
---|
3545 | 3547 | | Session, 2019, is redesignated as Section 14.071, Alcoholic |
---|
3546 | 3548 | | Beverage Code. |
---|
3547 | 3549 | | (2) Section 25.15, Alcoholic Beverage Code, as added |
---|
3548 | 3550 | | by Chapter 1359 (H.B. 1545), Acts of the 86th Legislature, Regular |
---|
3549 | 3551 | | Session, 2019, is redesignated as Section 25.16, Alcoholic Beverage |
---|
3550 | 3552 | | Code. |
---|
3551 | 3553 | | (3) Chapter 57, Alcoholic Beverage Code, as added by |
---|
3552 | 3554 | | Section 2(b), Chapter 1161 (H.B. 3222), Acts of the 86th |
---|
3553 | 3555 | | Legislature, Regular Session, 2019, is redesignated as Chapter 58, |
---|
3554 | 3556 | | Alcoholic Beverage Code, and Sections 57.001, 57.002, 57.003, |
---|
3555 | 3557 | | 57.004, and 57.005, Alcoholic Beverage Code, as added by Section |
---|
3556 | 3558 | | 2(b) of that Act, are redesignated as Sections 58.001, 58.002, |
---|
3557 | 3559 | | 58.003, 58.004, and 58.005, Alcoholic Beverage Code, respectively. |
---|
3558 | 3560 | | (4) Section 14, Article 42.01, Code of Criminal |
---|
3559 | 3561 | | Procedure, as added by Chapter 641 (S.B. 1570), Acts of the 86th |
---|
3560 | 3562 | | Legislature, Regular Session, 2019, is redesignated as Section 15, |
---|
3561 | 3563 | | Article 42.01, Code of Criminal Procedure. |
---|
3562 | 3564 | | (5) Article 42A.515, Code of Criminal Procedure, as |
---|
3563 | 3565 | | added by Chapter 290 (H.B. 2502), Acts of the 86th Legislature, |
---|
3564 | 3566 | | Regular Session, 2019, is redesignated as Article 42A.516, Code of |
---|
3565 | 3567 | | Criminal Procedure. |
---|
3566 | 3568 | | (6) Subsection (l), Section 28.006, Education Code, as |
---|
3567 | 3569 | | added by Chapter 450 (S.B. 2075), Acts of the 86th Legislature, |
---|
3568 | 3570 | | Regular Session, 2019, is redesignated as Subsection (m), Section |
---|
3569 | 3571 | | 28.006, Education Code. |
---|
3570 | 3572 | | (7) Subsection (g), Section 29.153, Education Code, as |
---|
3571 | 3573 | | added by Chapter 443 (S.B. 1679), Acts of the 86th Legislature, |
---|
3572 | 3574 | | Regular Session, 2019, is redesignated as Subsection (e-1), Section |
---|
3573 | 3575 | | 29.153, Education Code. |
---|
3574 | 3576 | | (8) Section 38.033, Education Code, as added by |
---|
3575 | 3577 | | Chapter 1042 (H.B. 706), Acts of the 86th Legislature, Regular |
---|
3576 | 3578 | | Session, 2019, is redesignated as Section 38.034, Education Code. |
---|
3577 | 3579 | | (9) Subchapter F, Chapter 38, Education Code, as added |
---|
3578 | 3580 | | by Chapter 1278 (H.B. 906), Acts of the 86th Legislature, Regular |
---|
3579 | 3581 | | Session, 2019, is redesignated as Subchapter F-1, Chapter 38, |
---|
3580 | 3582 | | Education Code. |
---|
3581 | 3583 | | (10) Subsection (c-7), Section 39.023, Education |
---|
3582 | 3584 | | Code, as added by Chapter 1282 (H.B. 1244), Acts of the 86th |
---|
3583 | 3585 | | Legislature, Regular Session, 2019, is redesignated as Subsection |
---|
3584 | 3586 | | (c-9), Section 39.023, Education Code. |
---|
3585 | 3587 | | (11) Section 51.609, Government Code, as added by |
---|
3586 | 3588 | | Chapter 121 (H.B. 435), Acts of the 86th Legislature, Regular |
---|
3587 | 3589 | | Session, 2019, is redesignated as Section 51.610, Government Code. |
---|
3588 | 3590 | | (12) Section 72.034, Government Code, as added by |
---|
3589 | 3591 | | Chapter 743 (H.B. 770), Acts of the 86th Legislature, Regular |
---|
3590 | 3592 | | Session, 2019, is redesignated as Section 72.035, Government Code. |
---|
3591 | 3593 | | (13) Section 301.033, Government Code, as |
---|
3592 | 3594 | | transferred, redesignated, and amended by Chapter 1250 (H.B. 4181), |
---|
3593 | 3595 | | Acts of the 86th Legislature, Regular Session, 2019, is |
---|
3594 | 3596 | | redesignated as Section 301.034, Government Code. |
---|
3595 | 3597 | | (14) Subchapter Q, Chapter 411, Government Code, as |
---|
3596 | 3598 | | added by Chapter 220 (H.B. 833), Acts of the 86th Legislature, |
---|
3597 | 3599 | | Regular Session, 2019, is redesignated as Subchapter P-1, |
---|
3598 | 3600 | | Government Code, and Sections 411.461, 411.462, 411.463, 411.464, |
---|
3599 | 3601 | | 411.465, 411.466, 411.467, 411.468, 411.469, 411.470, and 411.471, |
---|
3600 | 3602 | | Government Code, as added by that Act, are redesignated as Sections |
---|
3601 | 3603 | | 411.4501, 411.4502, 411.4503, 411.4504, 411.4505, 411.4506, |
---|
3602 | 3604 | | 411.4507, 411.4508, 411.4509, 411.4510, and 411.4511, Government |
---|
3603 | 3605 | | Code, respectively. |
---|
3604 | 3606 | | (15) Subchapter Q, Chapter 411, Government Code, as |
---|
3605 | 3607 | | added by Chapter 595 (S.B. 616), Acts of the 86th Legislature, |
---|
3606 | 3608 | | Regular Session, 2019, is redesignated as Subchapter Q-1, Chapter |
---|
3607 | 3609 | | 411, Government Code. |
---|
3608 | 3610 | | (16) Section 418.054, Government Code, as added by |
---|
3609 | 3611 | | Chapter 945 (H.B. 7), Acts of the 86th Legislature, Regular |
---|
3610 | 3612 | | Session, 2019, is redesignated as Section 418.0544, Government |
---|
3611 | 3613 | | Code. |
---|
3612 | 3614 | | (17) Section 418.054, Government Code, as added by |
---|
3613 | 3615 | | Chapter 1065 (H.B. 1307), Acts of the 86th Legislature, Regular |
---|
3614 | 3616 | | Session, 2019, is redesignated as Section 418.0545, Government |
---|
3615 | 3617 | | Code. |
---|
3616 | 3618 | | (18) Sections 418.054 and 418.055, Government Code, as |
---|
3617 | 3619 | | added by Chapter 703 (H.B. 5), Acts of the 86th Legislature, Regular |
---|
3618 | 3620 | | Session, 2019, are redesignated as Sections 418.0542 and 418.0543, |
---|
3619 | 3621 | | Government Code, respectively. |
---|
3620 | 3622 | | (19) Sections 418.054 and 418.055, Government Code, as |
---|
3621 | 3623 | | added by Chapter 614 (S.B. 982), Acts of the 86th Legislature, |
---|
3622 | 3624 | | Regular Session, 2019, are redesignated as Sections 418.0546 and |
---|
3623 | 3625 | | 418.0547, Government Code, respectively. |
---|
3624 | 3626 | | (20) Sections 418.054 and 418.055, Government Code, as |
---|
3625 | 3627 | | added by Chapter 285 (H.B. 2320), Acts of the 86th Legislature, |
---|
3626 | 3628 | | Regular Session, 2019, are redesignated as Sections 418.0548 and |
---|
3627 | 3629 | | 418.0549, Government Code, respectively. |
---|
3628 | 3630 | | (21) Sections 418.054 and 418.055, Government Code, as |
---|
3629 | 3631 | | added by Chapter 1116 (H.B. 2325), Acts of the 86th Legislature, |
---|
3630 | 3632 | | Regular Session, 2019, are redesignated as Sections 418.0554 and |
---|
3631 | 3633 | | 418.0555, Government Code, respectively. |
---|
3632 | 3634 | | (22) Sections 418.054 and 418.056, Government Code, as |
---|
3633 | 3635 | | added by Chapter 602 (S.B. 799), Acts of the 86th Legislature, |
---|
3634 | 3636 | | Regular Session, 2019, are redesignated as Sections 418.0552 and |
---|
3635 | 3637 | | 418.0553, Government Code, respectively. |
---|
3636 | 3638 | | (23) Section 418.055, Government Code, as added by |
---|
3637 | 3639 | | Chapter 946 (S.B. 6), Acts of the 86th Legislature, Regular |
---|
3638 | 3640 | | Session, 2019, is redesignated as Section 418.0541, Government |
---|
3639 | 3641 | | Code. |
---|
3640 | 3642 | | (24) Section 418.056, Government Code, as added by |
---|
3641 | 3643 | | Chapter 286 (H.B. 2340), Acts of the 86th Legislature, Regular |
---|
3642 | 3644 | | Session, 2019, is redesignated as Section 418.0551, Government |
---|
3643 | 3645 | | Code. |
---|
3644 | 3646 | | (25) Section 418.127, Government Code, as added by |
---|
3645 | 3647 | | Chapter 1116 (H.B. 2325), Acts of the 86th Legislature, Regular |
---|
3646 | 3648 | | Session, 2019, is redesignated as Section 418.125, Government Code. |
---|
3647 | 3649 | | (26) Subchapter F-1, Chapter 418, Government Code, as |
---|
3648 | 3650 | | added by Chapter 614 (S.B. 982), Acts of the 86th Legislature, |
---|
3649 | 3651 | | Regular Session, 2019, is redesignated as Subchapter F-2, Chapter |
---|
3650 | 3652 | | 418, Government Code, and Sections 418.131, 418.132, and 418.133, |
---|
3651 | 3653 | | Government Code, as added by that Act, are redesignated as Sections |
---|
3652 | 3654 | | 418.141, 418.142, and 418.143, Government Code, respectively. |
---|
3653 | 3655 | | (27) Section 418.193, Government Code, as added by |
---|
3654 | 3656 | | Chapter 70 (S.B. 416), Acts of the 86th Legislature, Regular |
---|
3655 | 3657 | | Session, 2019, is redesignated as Section 418.195, Government Code. |
---|
3656 | 3658 | | (28) Section 420.035, Government Code, as added by |
---|
3657 | 3659 | | Chapter 297 (H.B. 3106), Acts of the 86th Legislature, Regular |
---|
3658 | 3660 | | Session, 2019, is redesignated as Section 420.036, Government Code. |
---|
3659 | 3661 | | (29) Chapter 424, Government Code, as added by Chapter |
---|
3660 | 3662 | | 863 (H.B. 2945), Acts of the 86th Legislature, Regular Session, |
---|
3661 | 3663 | | 2019, is redesignated as Chapter 425, Government Code, and Sections |
---|
3662 | 3664 | | 424.001, 424.002, 424.003, 424.004, 424.005, 424.006, 424.007, and |
---|
3663 | 3665 | | 424.008, Government Code, as added by that Act, are redesignated as |
---|
3664 | 3666 | | Sections 425.001, 425.002, 425.003, 425.004, 425.005, 425.006, |
---|
3665 | 3667 | | 425.007, and 425.008, Government Code, respectively. |
---|
3666 | 3668 | | (30) Section 493.032, Government Code, as added by |
---|
3667 | 3669 | | Chapter 1163 (H.B. 3227), Acts of the 86th Legislature, Regular |
---|
3668 | 3670 | | Session, 2019, is redesignated as Section 493.033, Government Code. |
---|
3669 | 3671 | | (31) Section 501.026, Government Code, as added by |
---|
3670 | 3672 | | Chapter 1163 (H.B. 3227), Acts of the 86th Legislature, Regular |
---|
3671 | 3673 | | Session, 2019, is redesignated as Section 501.027, Government Code. |
---|
3672 | 3674 | | (32) Section 511.0104, Government Code, as added by |
---|
3673 | 3675 | | Chapter 891 (H.B. 3440), Acts of the 86th Legislature, Regular |
---|
3674 | 3676 | | Session, 2019, is redesignated as Section 511.0106, Government |
---|
3675 | 3677 | | Code. |
---|
3676 | 3678 | | (33) Subsections (f), (g), and (h), Section 533.00253, |
---|
3677 | 3679 | | Government Code, as added by Chapter 1330 (H.B. 4533), Acts of the |
---|
3678 | 3680 | | 86th Legislature, Regular Session, 2019, are redesignated as |
---|
3679 | 3681 | | Subsections (l), (l-1), and (l-2), Section 533.00253, Government |
---|
3680 | 3682 | | Code, respectively. |
---|
3681 | 3683 | | (34) Subsection (g), Section 533.005, Government |
---|
3682 | 3684 | | Code, as added by Chapter 981 (S.B. 1177), Acts of the 86th |
---|
3683 | 3685 | | Legislature, Regular Session, 2019, is redesignated as Subsection |
---|
3684 | 3686 | | (h), Section 533.005, Government Code. |
---|
3685 | 3687 | | (35) Subdivision (7), Section 552.003, Government |
---|
3686 | 3688 | | Code, as added by Chapter 1216 (S.B. 943), Acts of the 86th |
---|
3687 | 3689 | | Legislature, Regular Session, 2019, is redesignated as Subdivision |
---|
3688 | 3690 | | (1-a), Section 552.003, Government Code. |
---|
3689 | 3691 | | (36) Section 552.159, Government Code, as added by |
---|
3690 | 3692 | | Chapter 300 (H.B. 3913), Acts of the 86th Legislature, Regular |
---|
3691 | 3693 | | Session, 2019, is redesignated as Section 552.161, Government Code. |
---|
3692 | 3694 | | (37) Section 552.159, Government Code, as added by |
---|
3693 | 3695 | | Chapter 1340 (S.B. 944), Acts of the 86th Legislature, Regular |
---|
3694 | 3696 | | Session, 2019, is redesignated as Section 552.162, Government Code. |
---|
3695 | 3697 | | (38) Section 552.233, Government Code, as added by |
---|
3696 | 3698 | | Chapter 462 (S.B. 494), Acts of the 86th Legislature, Regular |
---|
3697 | 3699 | | Session, 2019, is redesignated as Section 552.2325, Government |
---|
3698 | 3700 | | Code. |
---|
3699 | 3701 | | (39) Section 662.071, Government Code, as added by |
---|
3700 | 3702 | | Chapter 879 (H.B. 3084), Acts of the 86th Legislature, Regular |
---|
3701 | 3703 | | Session, 2019, is redesignated as Section 662.072, Government Code. |
---|
3702 | 3704 | | (40) Section 662.071, Government Code, as added by |
---|
3703 | 3705 | | Chapter 890 (H.B. 3435), Acts of the 86th Legislature, Regular |
---|
3704 | 3706 | | Session, 2019, is redesignated as Section 662.073, Government Code. |
---|
3705 | 3707 | | (41) Section 662.071, Government Code, as added by |
---|
3706 | 3708 | | Chapter 171 (H.B. 1064), Acts of the 86th Legislature, Regular |
---|
3707 | 3709 | | Session, 2019, is redesignated as Section 662.074, Government Code. |
---|
3708 | 3710 | | (42) Section 662.071, Government Code, as added by |
---|
3709 | 3711 | | Chapter 193 (H.B. 2298), Acts of the 86th Legislature, Regular |
---|
3710 | 3712 | | Session, 2019, is redesignated as Section 662.075, Government Code. |
---|
3711 | 3713 | | (43) Section 662.071, Government Code, as added by |
---|
3712 | 3714 | | Chapter 202 (H.B. 2597), Acts of the 86th Legislature, Regular |
---|
3713 | 3715 | | Session, 2019, is redesignated as Section 662.076, Government Code. |
---|
3714 | 3716 | | (44) Section 662.071, Government Code, as added by |
---|
3715 | 3717 | | Chapter 354 (H.B. 295), Acts of the 86th Legislature, Regular |
---|
3716 | 3718 | | Session, 2019, is redesignated as Section 662.077, Government Code. |
---|
3717 | 3719 | | (45) Section 662.071, Government Code, as added by |
---|
3718 | 3720 | | Chapter 421 (S.B. 430), Acts of the 86th Legislature, Regular |
---|
3719 | 3721 | | Session, 2019, is redesignated as Section 662.078, Government Code. |
---|
3720 | 3722 | | (46) Section 662.112, Government Code, as added by |
---|
3721 | 3723 | | Chapter 160 (H.B. 405), Acts of the 86th Legislature, Regular |
---|
3722 | 3724 | | Session, 2019, is redesignated as Section 662.113, Government Code. |
---|
3723 | 3725 | | (47) Subchapter E, Chapter 2051, Government Code, as |
---|
3724 | 3726 | | added by Chapter 1029 (H.B. 305), Acts of the 86th Legislature, |
---|
3725 | 3727 | | Regular Session, 2019, is redesignated as Subchapter F, Chapter |
---|
3726 | 3728 | | 2051, Government Code, and Sections 2051.151 and 2051.152, |
---|
3727 | 3729 | | Government Code, as added by that Act, are redesignated as Sections |
---|
3728 | 3730 | | 2051.201 and 2051.202, Government Code, respectively. |
---|
3729 | 3731 | | (48) Section 2054.069, Government Code, as added by |
---|
3730 | 3732 | | Chapter 604 (S.B. 819), Acts of the 86th Legislature, Regular |
---|
3731 | 3733 | | Session, 2019, is redesignated as Section 2054.0691, Government |
---|
3732 | 3734 | | Code. |
---|
3733 | 3735 | | (49) Section 2054.519, Government Code, as added by |
---|
3734 | 3736 | | Chapter 509 (S.B. 64), Acts of the 86th Legislature, Regular |
---|
3735 | 3737 | | Session, 2019, is redesignated as Section 2054.5181, Government |
---|
3736 | 3738 | | Code. |
---|
3737 | 3739 | | (50) Subsection (d), Section 2166.052, Government |
---|
3738 | 3740 | | Code, as added by Chapter 867 (H.B. 2977), Acts of the 86th |
---|
3739 | 3741 | | Legislature, Regular Session, 2019, is redesignated as Subsection |
---|
3740 | 3742 | | (c-1), Section 2166.052, Government Code. |
---|
3741 | 3743 | | (51) Section 2262.056, Government Code, as added by |
---|
3742 | 3744 | | Chapter 615 (S.B. 986), Acts of the 86th Legislature, Regular |
---|
3743 | 3745 | | Session, 2019, is redesignated as Section 2262.057, Government |
---|
3744 | 3746 | | Code. |
---|
3745 | 3747 | | (52) Chapter 2272, Government Code, as added by |
---|
3746 | 3748 | | Chapter 501 (S.B. 22), Acts of the 86th Legislature, Regular |
---|
3747 | 3749 | | Session, 2019, is redesignated as Chapter 2273, Government Code, |
---|
3748 | 3750 | | and Sections 2272.001, 2272.002, 2272.003, 2272.004, and 2272.005, |
---|
3749 | 3751 | | Government Code, as added by that Act, are redesignated as Sections |
---|
3750 | 3752 | | 2273.001, 2273.002, 2273.003, 2273.004, and 2273.005, Government |
---|
3751 | 3753 | | Code, respectively. |
---|
3752 | 3754 | | (53) Chapter 50, Health and Safety Code, as added by |
---|
3753 | 3755 | | Chapter 1157 (H.B. 3147), Acts of the 86th Legislature, Regular |
---|
3754 | 3756 | | Session, 2019, is redesignated as Chapter 51, Health and Safety |
---|
3755 | 3757 | | Code, and Sections 50.0001, 50.0002, 50.0003, 50.0004, 50.0005, |
---|
3756 | 3758 | | 50.0006, and 50.0007, Health and Safety Code, as added by that Act, |
---|
3757 | 3759 | | are redesignated as Sections 51.0001, 51.0002, 51.0003, 51.0004, |
---|
3758 | 3760 | | 51.0005, 51.0006, and 51.0007, Health and Safety Code, |
---|
3759 | 3761 | | respectively. |
---|
3760 | 3762 | | (54) Chapter 50, Health and Safety Code, as added by |
---|
3761 | 3763 | | Chapter 889 (H.B. 3405), Acts of the 86th Legislature, Regular |
---|
3762 | 3764 | | Session, 2019, is redesignated as Chapter 52, Health and Safety |
---|
3763 | 3765 | | Code, and Sections 50.001, 50.002, 50.003, 50.004, 50.005, 50.006, |
---|
3764 | 3766 | | and 50.007, Health and Safety Code, as added by that Act, are |
---|
3765 | 3767 | | redesignated as Sections 52.0001, 52.0002, 52.0003, 52.0004, |
---|
3766 | 3768 | | 52.0005, 52.0006, and 52.0007, Health and Safety Code, |
---|
3767 | 3769 | | respectively. |
---|
3768 | 3770 | | (55) Chapter 99, Health and Safety Code, as added by |
---|
3769 | 3771 | | Chapter 6 (S.B. 999), Acts of the 86th Legislature, Regular |
---|
3770 | 3772 | | Session, 2019, is redesignated as Chapter 99A, Health and Safety |
---|
3771 | 3773 | | Code, and Sections 99.001, 99.002, 99.003, 99.004, 99.005, and |
---|
3772 | 3774 | | 99.006, Health and Safety Code, as added by that Act, are |
---|
3773 | 3775 | | redesignated as Sections 99A.001, 99A.002, 99A.003, 99A.004, |
---|
3774 | 3776 | | 99A.005, and 99A.006, Health and Safety Code, respectively. |
---|
3775 | 3777 | | (56) Chapter 298C, Health and Safety Code, as added by |
---|
3776 | 3778 | | Chapter 454 (S.B. 2448), Acts of the 86th Legislature, Regular |
---|
3777 | 3779 | | Session, 2019, is redesignated as Chapter 298D, Health and Safety |
---|
3778 | 3780 | | Code, and Sections 298C.001, 298C.002, 298C.003, 298C.004, |
---|
3779 | 3781 | | 298C.051, 298C.052, 298C.053, 298C.101, 298C.102, 298C.103, |
---|
3780 | 3782 | | 298C.151, 298C.152, and 298C.153, Health and Safety Code, as added |
---|
3781 | 3783 | | by that Act, are redesignated as Sections 298D.001, 298D.002, |
---|
3782 | 3784 | | 298D.003, 298D.004, 298D.051, 298D.052, 298D.053, 298D.101, |
---|
3783 | 3785 | | 298D.102, 298D.103, 298D.151, 298D.152, and 298D.153, Health and |
---|
3784 | 3786 | | Safety Code, respectively. |
---|
3785 | 3787 | | (57) Subchapter K, Chapter 1001, Health and Safety |
---|
3786 | 3788 | | Code, as added by Chapter 1167 (H.B. 3285), Acts of the 86th |
---|
3787 | 3789 | | Legislature, Regular Session, 2019, is redesignated as Subchapter |
---|
3788 | 3790 | | L, Chapter 1001, Health and Safety Code, and Section 1001.261, |
---|
3789 | 3791 | | Health and Safety Code, as added by that Act, is redesignated as |
---|
3790 | 3792 | | Section 1001.281, Health and Safety Code. |
---|
3791 | 3793 | | (58) Subsection (e), Section 981.004, Insurance Code, |
---|
3792 | 3794 | | as added by Chapter 1089 (H.B. 1940), Acts of the 86th Legislature, |
---|
3793 | 3795 | | Regular Session, 2019, is redesignated as Subsection (f), Section |
---|
3794 | 3796 | | 981.004, Insurance Code. |
---|
3795 | 3797 | | (59) Subchapter E, Chapter 1101, Insurance Code, as |
---|
3796 | 3798 | | added by Chapter 515 (S.B. 437), Acts of the 86th Legislature, |
---|
3797 | 3799 | | Regular Session, 2019, is redesignated as Subchapter F, Chapter |
---|
3798 | 3800 | | 1101, Insurance Code, and Sections 1101.201, 1101.202, and |
---|
3799 | 3801 | | 1101.203, Insurance Code, as added by that Act, are redesignated as |
---|
3800 | 3802 | | Sections 1101.251, 1101.252, and 1101.253, Insurance Code, |
---|
3801 | 3803 | | respectively. |
---|
3802 | 3804 | | (60) Section 250.009, Local Government Code, as added |
---|
3803 | 3805 | | by Chapter 1176 (H.B. 3371), Acts of the 86th Legislature, Regular |
---|
3804 | 3806 | | Session, 2019, is redesignated as Section 250.010, Local Government |
---|
3805 | 3807 | | Code. |
---|
3806 | 3808 | | (61) Section 53.0231, Occupations Code, as added by |
---|
3807 | 3809 | | Chapter 984 (S.B. 1217), Acts of the 86th Legislature, Regular |
---|
3808 | 3810 | | Session, 2019, is redesignated as Section 53.0232, Occupations |
---|
3809 | 3811 | | Code. |
---|
3810 | 3812 | | (62) Section 2302.009, Occupations Code, as added by |
---|
3811 | 3813 | | Chapter 1079 (H.B. 1755), Acts of the 86th Legislature, Regular |
---|
3812 | 3814 | | Session, 2019, is redesignated as Section 2302.010, Occupations |
---|
3813 | 3815 | | Code. |
---|
3814 | 3816 | | (63) Section 202.020, Property Code, as added by |
---|
3815 | 3817 | | Chapter 972 (S.B. 741), Acts of the 86th Legislature, Regular |
---|
3816 | 3818 | | Session, 2019, is redesignated as Section 202.021, Property Code. |
---|
3817 | 3819 | | (64) Chapter 7888, Special District Local Laws Code, |
---|
3818 | 3820 | | is transferred to Subtitle F, Title 6, Special District Local Laws |
---|
3819 | 3821 | | Code. |
---|
3820 | 3822 | | (65) Subsection (c), Section 41.41, Tax Code, as added |
---|
3821 | 3823 | | by Chapter 1284 (H.B. 1313), Acts of the 86th Legislature, Regular |
---|
3822 | 3824 | | Session, 2019, is redesignated as Subsection (d), Section 41.41, |
---|
3823 | 3825 | | Tax Code. |
---|
3824 | 3826 | | (66) Subsection (f), Section 41.47, Tax Code, as added |
---|
3825 | 3827 | | by Chapter 699 (S.B. 2531), Acts of the 86th Legislature, Regular |
---|
3826 | 3828 | | Session, 2019, is redesignated as Subsection (g-1), Section 41.47, |
---|
3827 | 3829 | | Tax Code. |
---|
3828 | 3830 | | (67) Subsection (q), Section 351.101, Tax Code, as |
---|
3829 | 3831 | | added by Chapter 351 (H.B. 3356), Acts of the 86th Legislature, |
---|
3830 | 3832 | | Regular Session, 2019, is redesignated as Subsection (p), Section |
---|
3831 | 3833 | | 351.101, Tax Code. |
---|
3832 | 3834 | | (68) Section 225.152, Transportation Code, as added by |
---|
3833 | 3835 | | Chapter 184 (H.B. 1821), Acts of the 86th Legislature, Regular |
---|
3834 | 3836 | | Session, 2019, is redesignated as Section 225.153, Transportation |
---|
3835 | 3837 | | Code. |
---|
3836 | 3838 | | (69) Section 225.152, Transportation Code, as added by |
---|
3837 | 3839 | | Chapter 328 (S.B. 228), Acts of the 86th Legislature, Regular |
---|
3838 | 3840 | | Session, 2019, is redesignated as Section 225.154, Transportation |
---|
3839 | 3841 | | Code. |
---|
3840 | 3842 | | (70) Section 225.152, Transportation Code, as added by |
---|
3841 | 3843 | | Chapter 498 (H.B. 4727), Acts of the 86th Legislature, Regular |
---|
3842 | 3844 | | Session, 2019, is redesignated as Section 225.155, Transportation |
---|
3843 | 3845 | | Code. |
---|
3844 | 3846 | | (71) Section 225.152, Transportation Code, as added by |
---|
3845 | 3847 | | Chapter 522 (S.B. 575), Acts of the 86th Legislature, Regular |
---|
3846 | 3848 | | Session, 2019, is redesignated as Section 225.156, Transportation |
---|
3847 | 3849 | | Code. |
---|
3848 | 3850 | | (72) Section 225.152, Transportation Code, as added by |
---|
3849 | 3851 | | Chapter 624 (S.B. 1221), Acts of the 86th Legislature, Regular |
---|
3850 | 3852 | | Session, 2019, is redesignated as Section 225.157, Transportation |
---|
3851 | 3853 | | Code. |
---|
3852 | 3854 | | (73) Section 225.152, Transportation Code, as added by |
---|
3853 | 3855 | | Chapter 704 (H.B. 23), Acts of the 86th Legislature, Regular |
---|
3854 | 3856 | | Session, 2019, is redesignated as Section 225.158, Transportation |
---|
3855 | 3857 | | Code. |
---|
3856 | 3858 | | (74) Section 225.152, Transportation Code, as added by |
---|
3857 | 3859 | | Chapter 813 (H.B. 2331), Acts of the 86th Legislature, Regular |
---|
3858 | 3860 | | Session, 2019, is redesignated as Section 225.159, Transportation |
---|
3859 | 3861 | | Code. |
---|
3860 | 3862 | | (75) Section 225.152, Transportation Code, as added by |
---|
3861 | 3863 | | Chapter 827 (H.B. 2571), Acts of the 86th Legislature, Regular |
---|
3862 | 3864 | | Session, 2019, is redesignated as Section 225.160, Transportation |
---|
3863 | 3865 | | Code. |
---|
3864 | 3866 | | (76) Section 225.152, Transportation Code, as added by |
---|
3865 | 3867 | | Chapter 828 (H.B. 2577), Acts of the 86th Legislature, Regular |
---|
3866 | 3868 | | Session, 2019, is redesignated as Section 225.161, Transportation |
---|
3867 | 3869 | | Code. |
---|
3868 | 3870 | | (77) Section 225.152, Transportation Code, as added by |
---|
3869 | 3871 | | Chapter 893 (H.B. 3471), Acts of the 86th Legislature, Regular |
---|
3870 | 3872 | | Session, 2019, is redesignated as Section 225.162, Transportation |
---|
3871 | 3873 | | Code. |
---|
3872 | 3874 | | (78) Section 225.152, Transportation Code, as added by |
---|
3873 | 3875 | | Chapter 1035 (H.B. 519), Acts of the 86th Legislature, Regular |
---|
3874 | 3876 | | Session, 2019, is redesignated as Section 225.163, Transportation |
---|
3875 | 3877 | | Code. |
---|
3876 | 3878 | | (79) Section 225.152, Transportation Code, as added by |
---|
3877 | 3879 | | Chapter 1080 (H.B. 1810), Acts of the 86th Legislature, Regular |
---|
3878 | 3880 | | Session, 2019, is redesignated as Section 225.164, Transportation |
---|
3879 | 3881 | | Code. |
---|
3880 | 3882 | | (80) Section 225.152, Transportation Code, as added by |
---|
3881 | 3883 | | Chapter 1209 (H.B. 4762), Acts of the 86th Legislature, Regular |
---|
3882 | 3884 | | Session, 2019, is redesignated as Section 225.165, Transportation |
---|
3883 | 3885 | | Code. |
---|
3884 | 3886 | | (81) Section 225.152, Transportation Code, as added by |
---|
3885 | 3887 | | Chapter 7 (H.B. 540), Acts of the 86th Legislature, Regular |
---|
3886 | 3888 | | Session, 2019, is redesignated as Section 225.166, Transportation |
---|
3887 | 3889 | | Code. |
---|
3888 | 3890 | | (82) Section 225.152, Transportation Code, as added by |
---|
3889 | 3891 | | Chapter 71 (S.B. 497), Acts of the 86th Legislature, Regular |
---|
3890 | 3892 | | Session, 2019, is redesignated as Section 225.167, Transportation |
---|
3891 | 3893 | | Code. |
---|
3892 | 3894 | | (83) Section 225.152, Transportation Code, as added by |
---|
3893 | 3895 | | Chapter 79 (S.B. 1134), Acts of the 86th Legislature, Regular |
---|
3894 | 3896 | | Session, 2019, is redesignated as Section 225.168, Transportation |
---|
3895 | 3897 | | Code. |
---|
3896 | 3898 | | (84) Section 225.152, Transportation Code, as added by |
---|
3897 | 3899 | | Chapter 134 (H.B. 1837), Acts of the 86th Legislature, Regular |
---|
3898 | 3900 | | Session, 2019, is redesignated as Section 225.169, Transportation |
---|
3899 | 3901 | | Code. |
---|
3900 | 3902 | | (85) Section 225.152, Transportation Code, as added by |
---|
3901 | 3903 | | Chapter 135 (H.B. 1838), Acts of the 86th Legislature, Regular |
---|
3902 | 3904 | | Session, 2019, is redesignated as Section 225.170, Transportation |
---|
3903 | 3905 | | Code. |
---|
3904 | 3906 | | (86) Section 225.152, Transportation Code, as added by |
---|
3905 | 3907 | | Chapter 219 (H.B. 693), Acts of the 86th Legislature, Regular |
---|
3906 | 3908 | | Session, 2019, is redesignated as Section 225.171, Transportation |
---|
3907 | 3909 | | Code. |
---|
3908 | 3910 | | (87) Section 225.152, Transportation Code, as added by |
---|
3909 | 3911 | | Chapter 256 (H.B. 1039), Acts of the 86th Legislature, Regular |
---|
3910 | 3912 | | Session, 2019, is redesignated as Section 225.172, Transportation |
---|
3911 | 3913 | | Code. |
---|
3912 | 3914 | | (88) Section 225.152, Transportation Code, as added by |
---|
3913 | 3915 | | Chapter 258 (H.B. 1249), Acts of the 86th Legislature, Regular |
---|
3914 | 3916 | | Session, 2019, is redesignated as Section 225.173, Transportation |
---|
3915 | 3917 | | Code. |
---|
3916 | 3918 | | (89) Section 225.152, Transportation Code, as added by |
---|
3917 | 3919 | | Chapter 282 (H.B. 1779), Acts of the 86th Legislature, Regular |
---|
3918 | 3920 | | Session, 2019, is redesignated as Section 225.174, Transportation |
---|
3919 | 3921 | | Code. |
---|
3920 | 3922 | | (90) Section 225.152, Transportation Code, as added by |
---|
3921 | 3923 | | Chapter 287 (H.B. 2351), Acts of the 86th Legislature, Regular |
---|
3922 | 3924 | | Session, 2019, is redesignated as Section 225.175, Transportation |
---|
3923 | 3925 | | Code. |
---|
3924 | 3926 | | (91) Section 225.152, Transportation Code, as added by |
---|
3925 | 3927 | | Chapter 305 (H.B. 1856), Acts of the 86th Legislature, Regular |
---|
3926 | 3928 | | Session, 2019, is redesignated as Section 225.176, Transportation |
---|
3927 | 3929 | | Code. |
---|
3928 | 3930 | | (92) Section 225.152, Transportation Code, as added by |
---|
3929 | 3931 | | Chapter 306 (H.B. 1858), Acts of the 86th Legislature, Regular |
---|
3930 | 3932 | | Session, 2019, is redesignated as Section 225.177, Transportation |
---|
3931 | 3933 | | Code. |
---|
3932 | 3934 | | (93) Section 225.152, Transportation Code, as added by |
---|
3933 | 3935 | | Chapter 308 (H.B. 1969), Acts of the 86th Legislature, Regular |
---|
3934 | 3936 | | Session, 2019, is redesignated as Section 225.178, Transportation |
---|
3935 | 3937 | | Code. |
---|
3936 | 3938 | | (94) Section 225.152, Transportation Code, as added by |
---|
3937 | 3939 | | Chapter 317 (H.B. 2615), Acts of the 86th Legislature, Regular |
---|
3938 | 3940 | | Session, 2019, is redesignated as Section 225.179, Transportation |
---|
3939 | 3941 | | Code. |
---|
3940 | 3942 | | (95) Section 225.152, Transportation Code, as added by |
---|
3941 | 3943 | | Chapter 682 (S.B. 2156), Acts of the 86th Legislature, Regular |
---|
3942 | 3944 | | Session, 2019, is redesignated as Section 225.180, Transportation |
---|
3943 | 3945 | | Code. |
---|
3944 | 3946 | | (96) Section 225.152, Transportation Code, as added by |
---|
3945 | 3947 | | Chapter 718 (H.B. 310), Acts of the 86th Legislature, Regular |
---|
3946 | 3948 | | Session, 2019, is redesignated as Section 225.181, Transportation |
---|
3947 | 3949 | | Code. |
---|
3948 | 3950 | | (97) Section 225.152, Transportation Code, as added by |
---|
3949 | 3951 | | Chapter 735 (H.B. 635), Acts of the 86th Legislature, Regular |
---|
3950 | 3952 | | Session, 2019, is redesignated as Section 225.182, Transportation |
---|
3951 | 3953 | | Code. |
---|
3952 | 3954 | | (98) Section 225.152, Transportation Code, as added by |
---|
3953 | 3955 | | Chapter 750 (H.B. 884), Acts of the 86th Legislature, Regular |
---|
3954 | 3956 | | Session, 2019, is redesignated as Section 225.183, Transportation |
---|
3955 | 3957 | | Code. |
---|
3956 | 3958 | | (99) Section 225.152, Transportation Code, as added by |
---|
3957 | 3959 | | Chapter 853 (H.B. 2809), Acts of the 86th Legislature, Regular |
---|
3958 | 3960 | | Session, 2019, is redesignated as Section 225.184, Transportation |
---|
3959 | 3961 | | Code. |
---|
3960 | 3962 | | (100) Section 225.152, Transportation Code, as added |
---|
3961 | 3963 | | by Chapter 874 (H.B. 3029), Acts of the 86th Legislature, Regular |
---|
3962 | 3964 | | Session, 2019, is redesignated as Section 225.185, Transportation |
---|
3963 | 3965 | | Code. |
---|
3964 | 3966 | | (101) Section 225.152, Transportation Code, as added |
---|
3965 | 3967 | | by Chapter 905 (H.B. 3671), Acts of the 86th Legislature, Regular |
---|
3966 | 3968 | | Session, 2019, is redesignated as Section 225.186, Transportation |
---|
3967 | 3969 | | Code. |
---|
3968 | 3970 | | (102) Section 225.152, Transportation Code, as added |
---|
3969 | 3971 | | by Chapter 913 (H.B. 3780), Acts of the 86th Legislature, Regular |
---|
3970 | 3972 | | Session, 2019, is redesignated as Section 225.187, Transportation |
---|
3971 | 3973 | | Code. |
---|
3972 | 3974 | | (103) Section 225.152, Transportation Code, as added |
---|
3973 | 3975 | | by Chapter 920 (H.B. 4211), Acts of the 86th Legislature, Regular |
---|
3974 | 3976 | | Session, 2019, is redesignated as Section 225.188, Transportation |
---|
3975 | 3977 | | Code. |
---|
3976 | 3978 | | (104) Section 225.152, Transportation Code, as added |
---|
3977 | 3979 | | by Chapter 1103 (H.B. 2167), Acts of the 86th Legislature, Regular |
---|
3978 | 3980 | | Session, 2019, is redesignated as Section 225.189, Transportation |
---|
3979 | 3981 | | Code. |
---|
3980 | 3982 | | (105) Section 372.054, Transportation Code, as added |
---|
3981 | 3983 | | by Chapter 744 (H.B. 803), Acts of the 86th Legislature, Regular |
---|
3982 | 3984 | | Session, 2019, is redesignated as Section 372.0535, Transportation |
---|
3983 | 3985 | | Code. |
---|
3984 | 3986 | | (106) Chapter 473, Transportation Code, as added by |
---|
3985 | 3987 | | Chapter 382 (H.B. 2899), Acts of the 86th Legislature, Regular |
---|
3986 | 3988 | | Session, 2019, is redesignated as Chapter 474, Transportation Code, |
---|
3987 | 3989 | | and Sections 473.001, 473.002, 473.003, and 473.004, |
---|
3988 | 3990 | | Transportation Code, as added by that Act, are redesignated as |
---|
3989 | 3991 | | Sections 474.001, 474.002, 474.003, and 474.004, Transportation |
---|
3990 | 3992 | | Code, respectively. |
---|
3991 | 3993 | | (107) Section 504.325, Transportation Code, as added |
---|
3992 | 3994 | | by Chapter 128 (H.B. 1656), Acts of the 86th Legislature, Regular |
---|
3993 | 3995 | | Session, 2019, is redesignated as Section 504.326, Transportation |
---|
3994 | 3996 | | Code. |
---|
3995 | 3997 | | (108) Section 504.671, Transportation Code, as added |
---|
3996 | 3998 | | by Chapter 480 (H.B. 1130), Acts of the 86th Legislature, Regular |
---|
3997 | 3999 | | Session, 2019, is redesignated as Section 504.672, Transportation |
---|
3998 | 4000 | | Code. |
---|
3999 | 4001 | | (109) Section 504.671, Transportation Code, as added |
---|
4000 | 4002 | | by Chapter 888 (H.B. 3394), Acts of the 86th Legislature, Regular |
---|
4001 | 4003 | | Session, 2019, is redesignated as Section 504.673, Transportation |
---|
4002 | 4004 | | Code. |
---|
4003 | 4005 | | (110) Section 504.671, Transportation Code, as added |
---|
4004 | 4006 | | by Chapter 989 (S.B. 1271), Acts of the 86th Legislature, Regular |
---|
4005 | 4007 | | Session, 2019, is redesignated as Section 504.674, Transportation |
---|
4006 | 4008 | | Code. |
---|
4007 | 4009 | | (111) Section 36.213, Utilities Code, as added by |
---|
4008 | 4010 | | Chapter 1067 (H.B. 1397), Acts of the 86th Legislature, Regular |
---|
4009 | 4011 | | Session, 2019, is redesignated as Section 36.214, Utilities Code. |
---|
4010 | 4012 | | SECTION 21.002. The following changes are made to conform |
---|
4011 | 4013 | | the provisions amended to the redesignating changes made by Section |
---|
4012 | 4014 | | 21.001 of this Act and to correct cross-references: |
---|
4013 | 4015 | | (1) Section 607.001(1), Business & Commerce Code, is |
---|
4014 | 4016 | | amended to read as follows: |
---|
4015 | 4017 | | (1) "Center" means the payment fraud fusion center |
---|
4016 | 4018 | | established under Chapter 425 [424], Government Code. |
---|
4017 | 4019 | | (2) Subsection (a), Section 411.4507, Government |
---|
4018 | 4020 | | Code, as redesignated from Subsection (a), Section 411.467, |
---|
4019 | 4021 | | Government Code, by Section 21.001 of this Act, is amended to read |
---|
4020 | 4022 | | as follows: |
---|
4021 | 4023 | | (a) When a law enforcement agency notifies the department |
---|
4022 | 4024 | | under Section 411.4506 [411.466], the department shall confirm the |
---|
4023 | 4025 | | accuracy of the information and, if confirmed, immediately issue an |
---|
4024 | 4026 | | alert under this subchapter in accordance with department rules. |
---|
4025 | 4027 | | (3) Section 411.4508, Government Code, as |
---|
4026 | 4028 | | redesignated from Section 411.468, Government Code, by Section |
---|
4027 | 4029 | | 21.001 of this Act, is amended to read as follows: |
---|
4028 | 4030 | | Sec. 411.4508 [411.468]. CONTENT OF CAMO ALERT. The alert |
---|
4029 | 4031 | | must include: |
---|
4030 | 4032 | | (1) all appropriate information that is provided by |
---|
4031 | 4033 | | the law enforcement agency under Section 411.4506 [411.466] and |
---|
4032 | 4034 | | that may lead to the safe recovery of the missing military member; |
---|
4033 | 4035 | | and |
---|
4034 | 4036 | | (2) a statement instructing any person with |
---|
4035 | 4037 | | information related to the missing military member to contact a law |
---|
4036 | 4038 | | enforcement agency. |
---|
4037 | 4039 | | (4) Section 411.4510, Government Code, as |
---|
4038 | 4040 | | redesignated from Section 411.470, Government Code, by Section |
---|
4039 | 4041 | | 21.001 of this Act, is amended to read as follows: |
---|
4040 | 4042 | | Sec. 411.4510 [411.470]. LIMITATION ON PARTICIPATION BY |
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4041 | 4043 | | TEXAS DEPARTMENT OF TRANSPORTATION. Notwithstanding Section |
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4042 | 4044 | | 411.4505(b) [411.465(b)], the Texas Department of Transportation |
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4043 | 4045 | | is not required to use any existing system of dynamic message signs |
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4044 | 4046 | | in a statewide alert system created under this subchapter if the |
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4045 | 4047 | | department receives notice from the United States Department of |
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4046 | 4048 | | Transportation Federal Highway Administration that the use of the |
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4047 | 4049 | | signs would result in the loss of federal highway funding or other |
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4048 | 4050 | | punitive actions taken against this state due to noncompliance with |
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4049 | 4051 | | federal laws, regulations, or policies. |
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4050 | 4052 | | (5) Subdivision (2), Section 418.141, Government |
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4051 | 4053 | | Code, as redesignated from Subdivision (2), Section 418.131, |
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4052 | 4054 | | Government Code, by Section 21.001 of this Act, is amended to read |
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4053 | 4055 | | as follows: |
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4054 | 4056 | | (2) "Task force" means the task force established |
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4055 | 4057 | | under Section 418.142 [418.132]. |
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4056 | 4058 | | (6) Subsections (l-1) and (l-2), Section 533.00253, |
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4057 | 4059 | | Government Code, as redesignated from Subsections (g) and (h), |
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4058 | 4060 | | Section 533.00253, Government Code, by Section 21.001 of this Act, |
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4059 | 4061 | | are amended to read as follows: |
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4060 | 4062 | | (l-1) [(g)] Not later than December 1, 2022, the commission |
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4061 | 4063 | | shall prepare and submit a written report to the legislature of the |
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4062 | 4064 | | executive commissioner's determination under Subsection (l) [(f)]. |
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4063 | 4065 | | (l-2) [(h)] Subsections (l) [(f)] and (l-1) [(g)] and this |
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4064 | 4066 | | subsection expire September 1, 2023. |
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4065 | 4067 | | (7) Section 2051.201, Government Code, as |
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4066 | 4068 | | redesignated from Section 2051.151, Government Code, by Section |
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4067 | 4069 | | 21.001 of this Act, is amended to read as follows: |
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4068 | 4070 | | Sec. 2051.201 [2051.151]. APPLICABILITY OF SUBCHAPTER. |
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4069 | 4071 | | Except as provided by Section 2051.202(b) [2051.152(b)], this |
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4070 | 4072 | | subchapter applies only to a political subdivision with the |
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4071 | 4073 | | authority to impose a tax that at any time on or after January 1, |
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4072 | 4074 | | 2019, maintained a publicly accessible Internet website. |
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4073 | 4075 | | (8) Subsection (a), Section 2273.004, Government |
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4074 | 4076 | | Code, as redesignated from Subsection (a), Section 2272.004, |
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4075 | 4077 | | Government Code, by Section 21.001 of this Act, is amended to read |
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4076 | 4078 | | as follows: |
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4077 | 4079 | | (a) The attorney general may bring an action in the name of |
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4078 | 4080 | | the state to enjoin a violation of Section 2273.003 [2272.003]. The |
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4079 | 4081 | | attorney general may recover reasonable attorney's fees and costs |
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4080 | 4082 | | incurred in bringing an action under this subsection. |
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4081 | 4083 | | (9) Subsection (a), Section 51.0003, Health and Safety |
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4082 | 4084 | | Code, as redesignated from Subsection (a), Section 50.0003, Health |
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4083 | 4085 | | and Safety Code, by Section 21.001 of this Act, is amended to read |
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4084 | 4086 | | as follows: |
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4085 | 4087 | | (a) The program: |
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4086 | 4088 | | (1) must collaborate with physicians and health care |
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4087 | 4089 | | providers to notify a prospective subject about the program when: |
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4088 | 4090 | | (A) the prospective subject provides informed |
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4089 | 4091 | | consent for a cancer clinical trial; or |
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4090 | 4092 | | (B) funding is available to provide the program |
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4091 | 4093 | | for the cancer clinical trial in which the prospective subject |
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4092 | 4094 | | participates; |
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4093 | 4095 | | (2) must reimburse subjects based on financial need, |
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4094 | 4096 | | which may include reimbursement to subjects whose income is at or |
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4095 | 4097 | | below 700 percent of the federal poverty level; |
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4096 | 4098 | | (3) must provide reimbursement for ancillary costs, |
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4097 | 4099 | | including costs described by Section 51.0002 [50.0002], to |
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4098 | 4100 | | eliminate the financial barriers to enrollment in a clinical trial; |
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4099 | 4101 | | (4) may provide reimbursement for reasonable |
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4100 | 4102 | | ancillary costs, including costs described by Section 51.0002 |
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4101 | 4103 | | [50.0002], to one family member, friend, or other person who |
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4102 | 4104 | | attends a cancer clinical trial to support a subject; and |
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4103 | 4105 | | (5) must comply with applicable federal and state |
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4104 | 4106 | | laws. |
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4105 | 4107 | | (10) Subsections (a) and (c), Section 99A.002, Health |
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4106 | 4108 | | and Safety Code, as redesignated from Subsections (a) and (c), |
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4107 | 4109 | | Section 99.002, Health and Safety Code, by Section 21.001 of this |
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4108 | 4110 | | Act, are amended to read as follows: |
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4109 | 4111 | | (a) In developing the state plan under Section 99A.001 |
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4110 | 4112 | | [99.001], the department shall seek comments from interested |
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4111 | 4113 | | parties, including: |
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4112 | 4114 | | (1) members of the public with, or who care for persons |
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4113 | 4115 | | with, Alzheimer's disease or related disorders; |
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4114 | 4116 | | (2) each state agency that provides services to |
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4115 | 4117 | | persons with Alzheimer's disease or related disorders; |
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4116 | 4118 | | (3) any advisory body that addresses issues related to |
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4117 | 4119 | | Alzheimer's disease or related disorders; |
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4118 | 4120 | | (4) public advocates concerned with issues related to |
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4119 | 4121 | | Alzheimer's disease or related disorders; |
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4120 | 4122 | | (5) physicians and health care providers licensed in |
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4121 | 4123 | | this state who have clinical training and experience in caring for |
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4122 | 4124 | | persons with Alzheimer's disease or related disorders; and |
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4123 | 4125 | | (6) researchers of issues affecting persons with |
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4124 | 4126 | | Alzheimer's disease or related disorders. |
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4125 | 4127 | | (c) The department shall meet with interested parties at |
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4126 | 4128 | | least two times each year to: |
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4127 | 4129 | | (1) facilitate comments on and discuss the progress of |
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4128 | 4130 | | developing and implementing the state plan developed under this |
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4129 | 4131 | | chapter; and |
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4130 | 4132 | | (2) gather information for the report required under |
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4131 | 4133 | | Section 99A.004 [99.004]. |
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4132 | 4134 | | (11) Section 99A.006, Health and Safety Code, as |
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4133 | 4135 | | redesignated from Section 99.006, Health and Safety Code, by |
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4134 | 4136 | | Section 21.001 of this Act, is amended to read as follows: |
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4135 | 4137 | | Sec. 99A.006 [99.006]. NO CAUSE OF ACTION, DUTY, STANDARD |
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4136 | 4138 | | OF CARE, OR LIABILITY CREATED. Notwithstanding any other law, |
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4137 | 4139 | | Section 99A.001 [99.001], including the use of or failure to use any |
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4138 | 4140 | | information or materials developed or disseminated under that |
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4139 | 4141 | | section, does not create a civil, criminal, or administrative cause |
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4140 | 4142 | | of action or liability or create a standard of care, obligation, or |
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4141 | 4143 | | duty that provides a basis for a cause of action. |
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4142 | 4144 | | (12) Section 102.203(b), Health and Safety Code, is |
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4143 | 4145 | | amended to read as follows: |
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4144 | 4146 | | (b) Except as otherwise provided by this section, money |
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4145 | 4147 | | awarded under this subchapter may be used for authorized expenses, |
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4146 | 4148 | | including honoraria, salaries and benefits, travel, conference |
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4147 | 4149 | | fees and expenses, consumable supplies, other operating expenses, |
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4148 | 4150 | | contracted research and development, capital equipment, |
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4149 | 4151 | | construction or renovation of state or private facilities, and |
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4150 | 4152 | | reimbursement for costs of participation incurred by cancer |
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4151 | 4153 | | clinical trial participants, including transportation, lodging, |
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4152 | 4154 | | and any costs reimbursed under the cancer clinical trial |
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4153 | 4155 | | participation program established under Chapter 51 [50]. |
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4154 | 4156 | | (13) Subsection (c), Section 298D.101, Health and |
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4155 | 4157 | | Safety Code, as redesignated from Subsection (c), Section 298C.101, |
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4156 | 4158 | | Health and Safety Code, by Section 21.001 of this Act, is amended to |
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4157 | 4159 | | read as follows: |
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4158 | 4160 | | (c) The board's determination of the amount of mandatory |
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4159 | 4161 | | payments to be collected during the year must be shown to be based |
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4160 | 4162 | | on reasonable estimates of the amount of revenue necessary to fund |
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4161 | 4163 | | intergovernmental transfers from the district to the state |
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4162 | 4164 | | providing the nonfederal share of payments described by Section |
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4163 | 4165 | | 298D.103(b)(1) [298C.103(b)(1)] that is otherwise unfunded. |
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4164 | 4166 | | (14) Subsections (a) and (b), Section 298D.103, Health |
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4165 | 4167 | | and Safety Code, as redesignated from Subsections (a) and (b), |
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4166 | 4168 | | Section 298C.103, Health and Safety Code, by Section 21.001 of this |
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4167 | 4169 | | Act, are amended to read as follows: |
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4168 | 4170 | | (a) The local provider participation fund established under |
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4169 | 4171 | | Section 298D.102 [298C.102] consists of: |
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4170 | 4172 | | (1) all mandatory payments authorized under this |
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4171 | 4173 | | chapter and received by the district; |
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4172 | 4174 | | (2) money received from the Health and Human Services |
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4173 | 4175 | | Commission as a refund of an intergovernmental transfer from the |
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4174 | 4176 | | district to the state as the nonfederal share of Medicaid |
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4175 | 4177 | | supplemental payment program payments, provided that the |
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4176 | 4178 | | intergovernmental transfer does not receive a federal matching |
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4177 | 4179 | | payment; and |
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4178 | 4180 | | (3) the earnings of the fund. |
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4179 | 4181 | | (b) Money deposited to the local provider participation |
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4180 | 4182 | | fund may be used only to: |
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4181 | 4183 | | (1) fund intergovernmental transfers from the |
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4182 | 4184 | | district to the state to provide the nonfederal share of Medicaid |
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4183 | 4185 | | payments for: |
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4184 | 4186 | | (A) uncompensated care and delivery system |
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4185 | 4187 | | reform incentive payments to nonpublic hospitals, if those payments |
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4186 | 4188 | | are authorized under the Texas Healthcare Transformation and |
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4187 | 4189 | | Quality Improvement Program waiver issued under Section 1115 of the |
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4188 | 4190 | | federal Social Security Act (42 U.S.C. Section 1315); |
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4189 | 4191 | | (B) uniform rate enhancements for nonpublic |
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4190 | 4192 | | hospitals in the Medicaid managed care service area in which the |
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4191 | 4193 | | district is located; |
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4192 | 4194 | | (C) payments available to nonpublic hospitals |
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4193 | 4195 | | under another waiver program authorizing payments that are |
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4194 | 4196 | | substantially similar to Medicaid payments to nonpublic hospitals |
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4195 | 4197 | | described by Paragraph (A) or (B); or |
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4196 | 4198 | | (D) any reimbursement to nonpublic hospitals for |
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4197 | 4199 | | which federal matching funds are available; |
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4198 | 4200 | | (2) subject to Section 298D.151(d) [298C.151(d)], pay |
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4199 | 4201 | | the administrative expenses of the district in administering the |
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4200 | 4202 | | program, including collateralization of deposits; |
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4201 | 4203 | | (3) refund a portion of a mandatory payment collected |
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4202 | 4204 | | in error from a paying hospital; and |
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4203 | 4205 | | (4) refund to paying hospitals a proportionate share |
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4204 | 4206 | | of the money that the district: |
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4205 | 4207 | | (A) receives from the Health and Human Services |
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4206 | 4208 | | Commission that is not used to fund the nonfederal share of Medicaid |
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4207 | 4209 | | supplemental payment program payments described by Subdivision |
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4208 | 4210 | | (1); or |
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4209 | 4211 | | (B) determines cannot be used to fund the |
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4210 | 4212 | | nonfederal share of Medicaid supplemental payment program payments |
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4211 | 4213 | | described by Subdivision (1). |
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4212 | 4214 | | (15) Subsection (d), Section 298D.151, Health and |
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4213 | 4215 | | Safety Code, as redesignated from Subsection (d), Section 298C.151, |
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4214 | 4216 | | Health and Safety Code, by Section 21.001 of this Act, is amended to |
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4215 | 4217 | | read as follows: |
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4216 | 4218 | | (d) Subject to the maximum amount prescribed by Subsection |
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4217 | 4219 | | (c) and this subsection, the board shall set the mandatory payments |
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4218 | 4220 | | in amounts that in the aggregate will generate sufficient revenue |
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4219 | 4221 | | to cover the administrative expenses of the district for activities |
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4220 | 4222 | | under this chapter, fund an intergovernmental transfer described by |
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4221 | 4223 | | Section 298D.103(b)(1) [298C.103(b)(1)], or make other payments |
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4222 | 4224 | | authorized under this chapter. The amount of the mandatory |
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4223 | 4225 | | payments must be based on reasonable estimates of the amount of |
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4224 | 4226 | | revenue necessary to cover the administrative expenses, |
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4225 | 4227 | | intergovernmental transfers, and other payments described by this |
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4226 | 4228 | | subsection as authorized under this chapter. The amount of revenue |
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4227 | 4229 | | from mandatory payments that may be used for administrative |
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4228 | 4230 | | expenses by the district in a year may not exceed $25,000, plus the |
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4229 | 4231 | | cost of collateralization of deposits. If the board demonstrates |
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4230 | 4232 | | to the paying hospitals that the costs of administering the program |
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4231 | 4233 | | under this chapter, excluding those costs associated with the |
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4232 | 4234 | | collateralization of deposits, exceed $25,000 in any year, on |
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4233 | 4235 | | consent of all of the paying hospitals, the district may use |
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4234 | 4236 | | additional revenue from mandatory payments received under this |
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4235 | 4237 | | chapter to compensate the district for its administrative expenses. |
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4236 | 4238 | | A paying hospital may not unreasonably withhold consent to |
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4237 | 4239 | | compensate the district for administrative expenses. |
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4238 | 4240 | | (16) Section 643.002, Transportation Code, as |
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4239 | 4241 | | effective September 1, 2021, is amended to read as follows: |
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4240 | 4242 | | Sec. 643.002. EXEMPTIONS. This chapter does not apply to: |
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4241 | 4243 | | (1) motor carrier operations exempt from registration |
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4242 | 4244 | | by the Unified Carrier Registration Act of 2005 (49 U.S.C. Section |
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4243 | 4245 | | 14504a) or a motor vehicle registered under the single state |
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4244 | 4246 | | registration system established under 49 U.S.C. Section 14504(c) |
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4245 | 4247 | | when operating exclusively in interstate or international |
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4246 | 4248 | | commerce; |
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4247 | 4249 | | (2) a motor vehicle registered as a cotton vehicle |
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4248 | 4250 | | under Section 504.505; |
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4249 | 4251 | | (3) a motor vehicle the department by rule exempts |
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4250 | 4252 | | because the vehicle is subject to comparable registration and a |
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4251 | 4253 | | comparable safety program administered by another governmental |
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4252 | 4254 | | entity; |
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4253 | 4255 | | (4) a motor vehicle used to transport passengers |
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4254 | 4256 | | operated by an entity whose primary function is not the |
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4255 | 4257 | | transportation of passengers, such as a vehicle operated by a |
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4256 | 4258 | | hotel, day-care center, public or private school, nursing home, or |
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4257 | 4259 | | similar organization; |
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4258 | 4260 | | (5) a vehicle operating under: |
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4259 | 4261 | | (A) Section 14.071 [14.07], Alcoholic Beverage |
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4260 | 4262 | | Code; |
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4261 | 4263 | | (B) Section 16.10, Alcoholic Beverage Code; |
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4262 | 4264 | | (C) Section 19.06, Alcoholic Beverage Code; or |
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4263 | 4265 | | (D) Section 20.04, Alcoholic Beverage Code; |
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4264 | 4266 | | (6) a vehicle operated by a governmental entity; or |
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4265 | 4267 | | (7) a tow truck, as defined by Section 2308.002, |
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4266 | 4268 | | Occupations Code. |
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4267 | 4269 | | ARTICLE 22. EFFECTIVE DATE |
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4268 | 4270 | | SECTION 22.001. Except as otherwise provided by this Act, |
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4269 | 4271 | | this Act takes effect September 1, 2021. |
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