S.B. No. 800
AN ACT
relating to certain required reports or information received or
prepared by state agencies and other governmental entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 2.305(b) and (d), Code of Criminal
Procedure, are amended to read as follows:
(b) An entity described by Subsection (a) that investigates
the alleged commission of an offense under Chapter 20A, Penal Code,
or the alleged commission of an offense under Chapter 43, Penal
Code, which may involve human trafficking, shall submit to the
attorney general a report in the manner and form prescribed by the
attorney general containing the following information:
(1) the offense being investigated, including a brief
description of the alleged prohibited conduct;
(2) regarding each person suspected of committing the
offense and each victim of the offense:
(A) the person's:
(i) age;
(ii) gender; and
(iii) race or ethnicity, as defined by
Article 2.132; and
(B) the case number associated with the offense
and the person suspected of committing the offense;
(3) the date, time, and location of the alleged
offense;
(4) the type of human trafficking involved, including:
(A) forced labor or services, as defined by
Section 20A.01, Penal Code;
(B) causing the victim by force, fraud, or
coercion to engage in prohibited conduct involving one or more
sexual activities, including conduct described by Section
20A.02(a)(3), Penal Code; or
(C) causing a child victim by any means to engage
in, or become the victim of, prohibited conduct involving one or
more sexual activities, including conduct described by Section
20A.02(a)(7), Penal Code;
(5) if available, information regarding any victims'
service organization or program to which the victim was referred as
part of the investigation; and
(6) the disposition of the investigation, if any,
regardless of the manner of disposition.
(d) The attorney general may [shall] enter into a contract
with a university that provides for the university's assistance in
the collection and analysis of information received under this
article.
SECTION 2. Section 71.0353, Government Code, is amended to
read as follows:
Sec. 71.0353. TRAFFICKING OF PERSONS INFORMATION. (a) As a
component of the official monthly report submitted to the Office of
Court Administration of the Texas Judicial System, a district court
or county court at law shall report the number of cases filed for
the following offenses:
(1) trafficking of persons under Section 20A.02, Penal
Code;
(2) prostitution under Section 43.02, Penal Code; and
(3) compelling prostitution under Section 43.05,
Penal Code.
(b) A district or county court at law shall provide a copy of
the report required under Subsection (a) to the attorney general.
SECTION 3. Sections 402.034(g) and (h), Government Code,
are amended to read as follows:
(g) Not later than December 1 of each even-numbered year,
[beginning with the year following the year the council submits a
strategic plan to the legislature under Subsection (e)(2),] the
council shall submit to the legislature a [an annual] report
detailing the progress of the strategic plan's implementation. The
[annual] report must include:
(1) a description of the level of participation in the
strategic plan by each agency represented on the council and how the
implementation of the strategic plan serves to coordinate the
programs and services described by Subsection (f)(1) and achieve
the goals described by Subsection (f)(2)(B); and
(2) an update of the inventory of programs and
services described by Subsection (f)(1) and how each program or
service furthers the goals of the strategic plan.
(h) The office of the attorney general shall make available
on the office's Internet website the strategic plan and the report
[annual reports] required under Subsection (g).
SECTION 4. Sections 403.0147(b) and (c), Government Code,
are amended to read as follows:
(b) Not later than December 31 of each even-numbered year,
the comptroller shall submit a report to the legislature that
identifies for each state agency:
(1) each program the state agency is statutorily
required to implement for which no appropriation was made for the
preceding state fiscal year, along with a citation to the law
imposing the requirement; and
(2) the amount and source of money the state agency
spent, if any, to implement any portion of the program described by
Subdivision (1) during the preceding state fiscal year.
(c) A state agency shall provide to the comptroller not
later than September 30 of each even-numbered year information
necessary for the comptroller to prepare the report required by
this section. The comptroller may prescribe the form and content of
the information a state agency must provide.
SECTION 5. Section 404.094(a), Government Code, is amended
to read as follows:
(a) Fees, fines, penalties, taxes, charges, gifts, grants,
donations, and other funds collected or received by a state agency
under law shall be deposited in the treasury, credited to a special
fund or funds, and subject to appropriation only for the purposes
for which they are otherwise authorized to be expended or
disbursed. A deposit shall be made at the earliest possible time
that the treasury can accept those funds, but not later than the
third business day after the date of receipt. However, if an agency
determines that for seasonal or other extraordinary reasons
deposits cannot be made by the third business day after the date of
receipt, the agency shall provide written notice of the
determination to the state auditor and comptroller with an
explanation of the circumstances that require the delay. If the
state auditor finds that an agency has not complied with this
subsection, the state auditor shall make an estimate of any
resulting financial loss to the state, taking into consideration
compliance costs that would have been additionally incurred by the
agency, and report the amount on the state auditor's Internet
website [to the legislative audit committee, the governor, and the
comptroller].
SECTION 6. Section 531.02492(b), Government Code, is
amended to read as follows:
(b) The commission shall electronically publish on the
commission's Internet website a biennial report and, on or before
the date the report is due, shall notify the governor, the
lieutenant governor, the speaker of the house of representatives,
the comptroller, [the Legislative Budget Board,] and the
appropriate legislative committees that the report is available on
the commission's Internet website. The report must address the
efforts of the health and human services agencies to provide health
and human services to children younger than six years of age. The
report may contain recommendations by the commission to better
coordinate state agency programs relating to the delivery of health
and human services to children younger than six years of age and may
propose joint agency collaborative programs.
SECTION 7. Section 531.0998, Government Code, is amended by
adding Subsection (g) to read as follows:
(g) The report may be consolidated with any other report
relating to the same subject matter the commission is required to
submit under other law.
SECTION 8. Section 531.108(e), Government Code, is amended
to read as follows:
(e) Not later than October 1 of each year, the [The]
commission shall submit to the governor and Legislative Budget
Board an annual report on the results of computerized matching of
commission information with information from neighboring states,
if any, and information from the Texas Department of Criminal
Justice. The report may be consolidated with any other report
relating to the same subject matter the commission is required to
submit under other law.
SECTION 9. Section 2054.077(b), Government Code, is amended
to read as follows:
(b) The information security officer of a state agency shall
prepare or have prepared a report, including an executive summary
of the findings of the biennial report, not later than June 1
[October 15] of each even-numbered year, assessing the extent to
which a computer, a computer program, a computer network, a
computer system, a printer, an interface to a computer system,
including mobile and peripheral devices, computer software, or data
processing of the agency or of a contractor of the agency is
vulnerable to unauthorized access or harm, including the extent to
which the agency's or contractor's electronically stored
information is vulnerable to alteration, damage, erasure, or
inappropriate use.
SECTION 10. Section 2054.515(b), Government Code, is
amended to read as follows:
(b) Not later than December 1 of the year in which a state
agency conducts the assessment under Subsection (a) or the 60th day
after the date the agency completes the assessment, whichever
occurs first, the agency shall report the results of the assessment
to:
(1) the department; and
(2) on request, the governor, the lieutenant governor,
and the speaker of the house of representatives.
SECTION 11. Section 2054.516(a), Government Code, is
amended to read as follows:
(a) Each state agency implementing an Internet website or
mobile application that processes any sensitive personal or
personally identifiable information or confidential information
must:
(1) submit a biennial data security plan to the
department not later than June 1 [October 15] of each even-numbered
year to establish planned beta testing for the website or
application; and
(2) subject the website or application to a
vulnerability and penetration test and address any vulnerability
identified in the test.
SECTION 12. Section 2054.5192(e), Government Code, is
amended to read as follows:
(e) A contractor required to complete a cybersecurity
training program under this section shall verify completion of the
program to the contracting state agency. The person who oversees
contract management for the agency shall:
(1) not later than August 31 of each year, report the
contractor's completion to the department; and
(2) periodically review agency contracts to ensure
compliance with this section.
SECTION 13. The heading to Section 2310.052, Government
Code, is amended to read as follows:
Sec. 2310.052. EVALUATION[; REPORT].
SECTION 14. Section 103.013(f), Health and Safety Code, is
amended to read as follows:
(f) Not later than November 1 of each even-numbered year,
each state agency affected by the state plan, other than a state
agency represented on the council, shall report to the council, the
Legislative Budget Board, and the Governor's Office of Budget and
Planning:
(1) information determined under Subsection (e); and
(2) each deviation from the council's proposed plan,
including an explanation for the deviation.
SECTION 15. Sections 533A.006(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) The executive commissioner shall submit a report to the
Texas Medical Board not later than 30 days after the last day of a
month during which any allegation is received by the commission
that a physician employed by or under contract with the commission
in relation to services provided under this title has committed an
action that constitutes a ground for the denial or revocation of the
physician's license under Section 164.051, Occupations Code. The
report must be made in the manner provided by Section 154.051,
Occupations Code.
(b) The department shall provide to the Texas Medical Board
a printed and electronic copy of any report or finding relating to
an investigation of an allegation reported to that board.
SECTION 16. Section 534.068(f), Health and Safety Code, is
amended to read as follows:
(f) The department shall annually submit to the governor[,
Legislative Budget Board,] and Legislative Audit Committee a
summary of the significant findings identified during the
department's reviews of fiscal audit activities.
SECTION 17. Section 578.008, Health and Safety Code, is
amended to read as follows:
Sec. 578.008. USE OF INFORMATION[; REPORT]. [(a)] The
department shall use the information received under Sections
578.006 and 578.007 to analyze, audit, and monitor the use of
electroconvulsive therapy, psychosurgery, pre-frontal sonic sound
treatment, or any other convulsive or coma-producing therapy
administered to treat mental illness.
[(b) The department shall file annually with the governor
and the presiding officer of each house of the legislature a written
report summarizing by facility the information received under
Sections 578.006 and 578.007. If the therapy is administered by a
private physician on an outpatient basis, the report must include
that information but may not identify the physician. The
department may not directly or indirectly identify in a report
issued under this section a patient who received the therapy.]
SECTION 18. Section 22.0292(d), Human Resources Code, is
amended to read as follows:
(d) Not later than October 1 of each year, the [The]
commission shall submit to the governor and the Legislative Budget
Board an annual report on the operation and success of the
information matching system required by this section. The report
may be consolidated with any other report relating to the same
subject matter the commission is required to submit under other
law.
SECTION 19. Section 101A.107, Human Resources Code, is
amended to read as follows:
Sec. 101A.107. REPORT ON UNIT COSTS. The department shall
file with the Legislative Budget Board and the Governor's Office of
Budget, Planning, and Policy a report that clearly identifies in a
state fiscal year the unit cost of each service, other than services
related to community service volunteering and subsidized
employment services, provided by an area agency on aging. The
report must be filed annually [twice each year] on or before the
date specified by the Legislative Budget Board. The report must be
in the form required by the Legislative Budget Board.
SECTION 20. Section 161.079(g), Human Resources Code, is
amended to read as follows:
(g) The department shall analyze the data reported under
Subsection (f) and collected from the form under Subsection (d)
[and shall submit a report not later than December 1 of each
even-numbered year to the governor and the Legislative Budget Board
that summarizes the data analysis].
SECTION 21. Section 1305.502(a), Insurance Code, is amended
to read as follows:
(a) Not later than December 1 of each even-numbered year,
the [The] group shall develop and issue an [annual] informational
report card that identifies and compares, on an objective basis,
the quality, costs, health care provider availability, and other
analogous factors of workers' compensation health care networks
operating under the workers' compensation system of this state with
each other and with medical care provided outside of networks.
SECTION 22. The heading to Section 413.0515, Labor Code, is
amended to read as follows:
Sec. 413.0515. REPORTS OF [PHYSICIAN AND] CHIROPRACTOR
VIOLATIONS.
SECTION 23. Sections 504.053(c) and (d), Labor Code, are
amended to read as follows:
(c) If the political subdivision or pool provides medical
benefits in the manner authorized under Subsection (b)(2), the
following do not apply:
(1) Sections 408.004 and 408.0041, unless use of a
required medical examination or designated doctor is necessary to
resolve an issue relating to the entitlement to or amount of income
benefits under this title;
(2) Subchapter B, Chapter 408, except for Section
408.021;
(3) Chapter 413, except for Section 413.042; and
(4) Chapter 1305, Insurance Code, except for Sections
[1305.501,] 1305.502[,] and 1305.503.
(d) If the political subdivision or pool provides medical
benefits in the manner authorized under Subsection (b)(2), the
following standards apply:
(1) the political subdivision or pool must ensure that
workers' compensation medical benefits are reasonably available to
all injured workers of the political subdivision or the injured
workers of the members of the pool within a designed service area;
(2) the political subdivision or pool must ensure that
all necessary health care services are provided in a manner that
will ensure the availability of and accessibility to adequate
health care providers, specialty care, and facilities;
(3) the political subdivision or pool must have an
internal review process for resolving complaints relating to the
manner of providing medical benefits, including an appeal to the
governing body or its designee and appeal to an independent review
organization;
(4) the political subdivision or pool must establish
reasonable procedures for the transition of injured workers to
contract providers and for the continuity of treatment, including
notice of impending termination of providers and a current list of
contract providers;
(5) the political subdivision or pool shall provide
for emergency care if an injured worker cannot reasonably reach a
contract provider and the care is for medical screening or other
evaluation that is necessary to determine whether a medical
emergency condition exists, necessary emergency care services
including treatment and stabilization, and services originating in
a hospital emergency facility following treatment or stabilization
of an emergency medical condition;
(6) prospective or concurrent review of the medical
necessity and appropriateness of health care services must comply
with Article 21.58A, Insurance Code;
(7) the political subdivision or pool shall continue
to report data to the appropriate agency as required by Title 5 of
this code and Chapter 1305, Insurance Code; and
(8) a political subdivision or pool is subject to the
requirements under Sections [1305.501,] 1305.502[,] and 1305.503,
Insurance Code.
SECTION 24. Section 1001.023(b), Transportation Code, is
amended to read as follows:
(b) The chair shall:
(1) preside over board meetings, make rulings on
motions and points of order, and determine the order of business;
(2) represent the department in dealing with the
governor;
(3) report to the governor on the state of affairs of
the department at least quarterly;
(4) report to the board the governor's suggestions for
department operations;
(5) report to the governor on efforts, including
legislative requirements, to maximize the efficiency of department
operations through the use of private enterprise;
(6) periodically review the department's
organizational structure and submit recommendations for structural
changes to the governor and[,] the board[, and the Legislative
Budget Board];
(7) designate at least one employee of the department
as a civil rights officer of the department and receive regular
reports from the officer or officers on the department's efforts to
comply with civil rights legislation and administrative rules;
(8) create subcommittees, appoint board members to
subcommittees, and receive the reports of subcommittees to the
board as a whole;
(9) appoint a member of the board to act in the absence
of the chair and vice chair; and
(10) serve as the departmental liaison with the
governor and the Office of State-Federal Relations to maximize
federal funding for transportation.
SECTION 25. The following provisions are repealed:
(1) Section 201.0227(d-1), Agriculture Code;
(2) Section 447.010(j), Government Code;
(3) Chapter 2061, Government Code;
(4) Section 2165.303(b), Government Code;
(5) Section 2310.052(b), Government Code;
(6) Section 104.026(c), Health and Safety Code;
(7) Section 161.502(d), Health and Safety Code;
(8) Section 533A.062(e), Health and Safety Code;
(9) Section 22.015, Human Resources Code;
(10) Section 1305.501, Insurance Code;
(11) Section 2053.012, Insurance Code;
(12) Sections 405.0025(b) and (c), Labor Code;
(13) Section 408.030, Labor Code;
(14) Section 413.0515(a), Labor Code;
(15) Section 203.154(a), Occupations Code;
(16) Section 452.159, Occupations Code;
(17) Section 223.042(f), Transportation Code; and
(18) Section 228.012(c), Transportation Code.
SECTION 26. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 800 passed the Senate on
April 9, 2021, by the following vote: Yeas 31, Nays 0;
May 27, 2021, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 28, 2021, House
granted request of the Senate; May 29, 2021, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 800 passed the House, with
amendments, on May 25, 2021, by the following vote: Yeas 145,
Nays 1, one present not voting; May 28, 2021, House granted request
of the Senate for appointment of Conference Committee;
May 30, 2021, House adopted Conference Committee Report by the
following vote: Yeas 145, Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor