H.B. No. 4595
AN ACT
relating to nonsubstantive additions to, revisions of, and
corrections in enacted codes and to the nonsubstantive codification
or disposition of various laws omitted from enacted codes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. GENERAL PROVISIONS
SECTION 1.001. This Act is enacted as part of the state's
continuing statutory revision program under Chapter 323,
Government Code. This Act is a revision for purposes of Section 43,
Article III, Texas Constitution, and has the purposes of:
(1) codifying without substantive change or providing
for other appropriate disposition of various statutes that were
omitted from enacted codes;
(2) revising without substantive change provisions in
enacted codes;
(3) making necessary corrections to enacted codes; and
(4) renumbering or otherwise redesignating titles,
chapters, and sections of codes that duplicate title, chapter, or
section designations.
SECTION 1.002. (a) The repeal of a statute by this Act does
not affect an amendment, revision, or reenactment of the statute by
the 88th Legislature, Regular Session, 2023. The amendment,
revision, or reenactment is preserved and given effect as part of
the code provision that revised the statute so amended, revised, or
reenacted.
(b) If any provision of this Act conflicts with a statute
enacted by the 88th Legislature, Regular Session, 2023, the statute
controls.
SECTION 1.003. (a) A transition or saving provision of a
law codified by this Act applies to the codified law to the same
extent as it applied to the original law.
(b) The repeal of a transition or saving provision by this
Act does not affect the application of the provision to the codified
law.
(c) In this section, "transition provision" includes any
temporary provision providing for a special situation in the
transition period between the existing law and the establishment or
implementation of the new law.
SECTION 1.004. (a) The repeal of a law, including a
validating law, by this Act does not remove, void, or otherwise
affect in any manner a validation under the repealed law. The
validation is preserved and continues to have the same effect that
it would have if the law were not repealed.
(b) Subsection (a) of this section does not diminish the
saving provisions prescribed by Section 311.031, Government Code.
ARTICLE 2. CHANGES RELATING TO ALCOHOLIC BEVERAGE CODE
SECTION 2.001. Section 5.10(c), Alcoholic Beverage Code, is
amended to conform to Chapter 269 (H.B. 752), Acts of the 73rd
Legislature, Regular Session, 1993, to read as follows:
(c) The administrator or the administrator's designee shall
prepare and maintain a written policy statement to assure
implementation of a program of equal employment opportunity under
which all personnel transactions are made without regard to race,
color, disability, sex, religion, age, or national origin. The
policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, appointment, training, and
promotion of personnel that are in compliance with the requirements
of Chapter 21, Labor Code [the Commission on Human Rights Act
(Article 5221k, Vernon's Texas Civil Statutes)];
(2) a comprehensive analysis of the commission work
force that meets federal and state guidelines;
(3) procedures by which a determination can be made of
significant underuse in the commission work force of all persons
for whom federal or state guidelines encourage a more equitable
balance; and
(4) reasonable methods to appropriately address those
areas of significant underuse.
SECTION 2.002. Section 106.17, Alcoholic Beverage Code, as
added by Chapter 79 (S.B. 315), Acts of the 87th Legislature,
Regular Session, 2021, is repealed as duplicative of Section
106.17, Alcoholic Beverage Code, as added by Chapter 942 (S.B.
766), Acts of the 87th Legislature, Regular Session, 2021.
ARTICLE 3. CHANGES RELATING TO BUSINESS & COMMERCE CODE
SECTION 3.001. Section 102.053, Business & Commerce Code,
is amended to correct a reference to read as follows:
Sec. 102.053. REMISSION OF FEE; SUBMISSION OF REPORTS.
Each quarter, a sexually oriented business shall:
(1) remit the fee imposed by Section 102.052 [47.052]
to the comptroller in the manner prescribed by the comptroller; and
(2) file a report with the comptroller in the manner
and containing the information required by the comptroller.
ARTICLE 4. CHANGES RELATING TO CIVIL PRACTICE AND REMEDIES CODE
SECTION 4.001. Section 22.001(a), Civil Practice and
Remedies Code, is amended to correct a reference to read as follows:
(a) Except as provided by Section 22.003 [22.002], a witness
is entitled to 10 dollars for each day the witness attends court.
This fee includes the entitlement for travel and the witness is not
entitled to any reimbursement for mileage traveled.
SECTION 4.002. Section 51.014(a), Civil Practice and
Remedies Code, as amended by Chapters 167 (S.B. 232), 528 (S.B. 6),
and 813 (H.B. 2086), Acts of the 87th Legislature, Regular Session,
2021, is reenacted and amended to read as follows:
(a) A person may appeal from an interlocutory order of a
district court, county court at law, statutory probate court, or
county court that:
(1) appoints a receiver or trustee;
(2) overrules a motion to vacate an order that
appoints a receiver or trustee;
(3) certifies or refuses to certify a class in a suit
brought under Rule 42 of the Texas Rules of Civil Procedure;
(4) grants or refuses a temporary injunction or grants
or overrules a motion to dissolve a temporary injunction as
provided by Chapter 65;
(5) denies a motion for summary judgment that is based
on an assertion of immunity by an individual who is an officer or
employee of the state or a political subdivision of the state;
(6) denies a motion for summary judgment that is based
in whole or in part upon a claim against or defense by a member of
the electronic or print media, acting in such capacity, or a person
whose communication appears in or is published by the electronic or
print media, arising under the free speech or free press clause of
the First Amendment to the United States Constitution, or Article
I, Section 8, of the Texas Constitution, or Chapter 73;
(7) grants or denies the special appearance of a
defendant under Rule 120a, Texas Rules of Civil Procedure, except
in a suit brought under the Family Code;
(8) grants or denies a plea to the jurisdiction by a
governmental unit as that term is defined in Section 101.001;
(9) denies all or part of the relief sought by a motion
under Section 74.351(b), except that an appeal may not be taken from
an order granting an extension under Section 74.351;
(10) grants relief sought by a motion under Section
74.351(l);
(11) denies a motion to dismiss filed under Section
90.007;
(12) denies a motion to dismiss filed under Section
27.003;
(13) denies a motion for summary judgment filed by an
electric utility regarding liability in a suit subject to Section
75.0022;
(14) denies a motion filed by a municipality with a
population of 500,000 or more in an action filed under Section
54.012(6) or 214.0012, Local Government Code; [or]
(15) makes a preliminary determination on a claim
under Section 74.353;
(16) [(15)] overrules an objection filed under
Section 148.003(d) or denies all or part of the relief sought by a
motion under Section 148.003(f); or
(17) [(15)] grants or denies a motion for summary
judgment filed by a contractor based on Section 97.002.
SECTION 4.003. Section 51.015, Civil Practice and Remedies
Code, is amended to correct a reference to read as follows:
Sec. 51.015. COSTS OF APPEAL. In the case of an appeal
brought pursuant to Section 51.014(a)(6) [51.014(6)], if the order
appealed from is affirmed, the court of appeals shall order the
appellant to pay all costs and reasonable attorney fees of the
appeal; otherwise, each party shall be liable for and taxed its own
costs of the appeal.
ARTICLE 5. CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE
SECTION 5.001. Article 12.01, Code of Criminal Procedure,
is amended to correct an error in punctuation to read as follows:
Art. 12.01. FELONIES. Except as provided in Article 12.03,
felony indictments may be presented within these limits, and not
afterward:
(1) no limitation:
(A) murder and manslaughter;
(B) sexual assault under Section 22.011(a)(2),
Penal Code, or aggravated sexual assault under Section
22.021(a)(1)(B), Penal Code;
(C) sexual assault, if:
(i) during the investigation of the offense
biological matter is collected and the matter:
(a) has not yet been subjected to
forensic DNA testing; or
(b) has been subjected to forensic DNA
testing and the testing results show that the matter does not match
the victim or any other person whose identity is readily
ascertained; or
(ii) probable cause exists to believe that
the defendant has committed the same or a similar sex offense
against five or more victims;
(D) continuous sexual abuse of young child or
disabled individual under Section 21.02, Penal Code;
(E) indecency with a child under Section 21.11,
Penal Code;
(F) an offense involving leaving the scene of an
accident under Section 550.021, Transportation Code, if the
accident resulted in the death of a person;
(G) trafficking of persons under Section
20A.02(a)(7) or (8), Penal Code;
(H) continuous trafficking of persons under
Section 20A.03, Penal Code; or
(I) compelling prostitution under Section
43.05(a)(2), Penal Code;
(2) ten years from the date of the commission of the
offense:
(A) theft of any estate, real, personal or mixed,
by an executor, administrator, guardian or trustee, with intent to
defraud any creditor, heir, legatee, ward, distributee,
beneficiary or settlor of a trust interested in such estate;
(B) theft by a public servant of government
property over which the public servant exercises control in the
public servant's official capacity;
(C) forgery or the uttering, using, or passing of
forged instruments;
(D) injury to an elderly or disabled individual
punishable as a felony of the first degree under Section 22.04,
Penal Code;
(E) sexual assault, except as provided by
Subdivision (1) or (7);
(F) arson;
(G) trafficking of persons under Section
20A.02(a)(1), (2), (3), or (4), Penal Code; or
(H) compelling prostitution under Section
43.05(a)(1), Penal Code;
(3) seven years from the date of the commission of the
offense:
(A) misapplication of fiduciary property or
property of a financial institution;
(B) fraudulent securing of document execution;
(C) a felony violation under Chapter 162, Tax
Code;
(D) false statement to obtain property or credit
under Section 32.32, Penal Code;
(E) money laundering;
(F) credit card or debit card abuse under Section
32.31, Penal Code;
(G) fraudulent use or possession of identifying
information under Section 32.51, Penal Code;
(H) exploitation of a child, elderly individual,
or disabled individual under Section 32.53, Penal Code;
(I) health care fraud under Section 35A.02, Penal
Code; or
(J) bigamy under Section 25.01, Penal Code,
except as provided by Subdivision (6);
(4) five years from the date of the commission of the
offense:
(A) theft or robbery;
(B) except as provided by Subdivision (5),
kidnapping or burglary;
(C) injury to an elderly or disabled individual
that is not punishable as a felony of the first degree under Section
22.04, Penal Code;
(D) abandoning or endangering a child; or
(E) insurance fraud;
(5) if the investigation of the offense shows that the
victim is younger than 17 years of age at the time the offense is
committed, 20 years from the 18th birthday of the victim of one of
the following offenses:
(A) sexual performance by a child under Section
43.25, Penal Code;
(B) aggravated kidnapping under Section
20.04(a)(4), Penal Code, if the defendant committed the offense
with the intent to violate or abuse the victim sexually; or
(C) burglary under Section 30.02, Penal Code, if
the offense is punishable under Subsection (d) of that section and
the defendant committed the offense with the intent to commit an
offense described by Subdivision (1)(B) or (D) of this article or
Paragraph (B) of this subdivision;
(6) ten years from the 18th birthday of the victim of
the offense:
(A) trafficking of persons under Section
20A.02(a)(5) or (6), Penal Code;
(B) injury to a child under Section 22.04, Penal
Code; or
(C) bigamy under Section 25.01, Penal Code, if
the investigation of the offense shows that the person, other than
the legal spouse of the defendant, whom the defendant marries or
purports to marry or with whom the defendant lives under the
appearance of being married is younger than 18 years of age at the
time the offense is committed;
(7) two years from the date the offense was
discovered: sexual assault punishable as a state jail felony under
Section 22.011(f)(2), Penal Code; or
(8) three years from the date of the commission of the
offense: all other felonies.
SECTION 5.002. Article 17.091, Code of Criminal Procedure,
is amended to conform to the amendment of Article 42A.054(a), Code
of Criminal Procedure, by Chapter 1137 (H.B. 2758), Acts of the 86th
Legislature, Regular Session, 2019, to read as follows:
Art. 17.091. NOTICE OF CERTAIN BAIL REDUCTIONS
REQUIRED. Before a judge or magistrate reduces the amount of bail
set for a defendant charged with an offense listed in Article
42A.054 or [,] an offense described by Article 62.001(5), [or an
offense under Section 20A.03, Penal Code,] the judge or magistrate
shall provide:
(1) to the attorney representing the state, reasonable
notice of the proposed bail reduction; and
(2) on request of the attorney representing the state
or the defendant or the defendant's counsel, an opportunity for a
hearing concerning the proposed bail reduction.
ARTICLE 6. CHANGES RELATING TO EDUCATION CODE
SECTION 6.001. Section 12.013(b), Education Code, as
amended by Chapters 887 (S.B. 1697) and 1046 (S.B. 1365), Acts of
the 87th Legislature, Regular Session, 2021, is reenacted and
amended to read as follows:
(b) A home-rule school district is subject to:
(1) a provision of this title establishing a criminal
offense;
(2) a provision of this title relating to limitations
on liability; and
(3) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) educator certification under Chapter 21 and
educator rights under Sections 21.407, 21.408, and 22.001;
(C) criminal history records under Subchapter C,
Chapter 22;
(D) student admissions under Section 25.001;
(E) school attendance under Sections 25.085,
25.086, and 25.087;
(F) inter-district or inter-county transfers of
students under Subchapter B, Chapter 25;
(G) elementary class size limits under Section
25.112, in the case of any campus in the district that fails to
satisfy any standard under Section 39.054(e);
(H) high school graduation under Section 28.025;
(I) special education programs under Subchapter
A, Chapter 29;
(J) bilingual education under Subchapter B,
Chapter 29;
(K) prekindergarten programs under Subchapter E,
Chapter 29;
(L) safety provisions relating to the
transportation of students under Sections 34.002, 34.003, 34.004,
and 34.008;
(M) computation and distribution of state aid
under Chapters 31, 43, and 48;
(N) extracurricular activities under Section
33.081;
(O) health and safety under Chapter 38;
(P) the provisions of Subchapter A, Chapter 39;
(Q) public school accountability and special
investigations under Subchapters A, B, C, D, and J, Chapter 39, and
Chapter 39A;
(R) options for local revenue levels in excess of
entitlement under Chapter 49;
(S) a bond or other obligation or tax rate under
Chapters 43, 45, and 48;
(T) purchasing under Chapter 44; and
(U) [(T)] parental options to retain a student
under Section 28.02124.
SECTION 6.002. Section 12.056(b), Education Code, as
amended by Chapters 887 (S.B. 1697), 974 (S.B. 2081), and 1046 (S.B.
1365), Acts of the 87th Legislature, Regular Session, 2021, is
reenacted and amended to read as follows:
(b) A campus or program for which a charter is granted under
this subchapter is subject to:
(1) a provision of this title establishing a criminal
offense; and
(2) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) high school graduation under Section 28.025;
(D) special education programs under Subchapter
A, Chapter 29;
(E) bilingual education under Subchapter B,
Chapter 29;
(F) prekindergarten programs under Subchapter E,
Chapter 29, except class size limits for prekindergarten classes
imposed under Section 25.112, which do not apply;
(G) extracurricular activities under Section
33.081;
(H) health and safety under Chapter 38;
(I) the provisions of Subchapter A, Chapter 39;
(J) public school accountability and special
investigations under Subchapters A, B, C, D, F, and J, Chapter 39,
and Chapter 39A;
(K) the duty to discharge or refuse to hire
certain employees or applicants for employment under Section
12.1059; and
(L) [(K)] parental options to retain a student
under Section 28.02124.
SECTION 6.003. Section 12.104(b), Education Code, as
amended by Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B.
3607), 974 (S.B. 2081), and 1046 (S.B. 1365), Acts of the 87th
Legislature, Regular Session, 2021, is reenacted and amended to
read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense;
(2) the provisions in Chapter 554, Government Code;
and
(3) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) accelerated instruction under Section
28.0211;
(E) high school graduation requirements under
Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E
or E-1, Chapter 29, except class size limits for prekindergarten
classes imposed under Section 25.112, which do not apply;
(I) extracurricular activities under Section
33.081;
(J) discipline management practices or behavior
management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) the provisions of Subchapter A, Chapter 39;
(M) public school accountability and special
investigations under Subchapters A, B, C, D, F, G, and J, Chapter
39, and Chapter 39A;
(N) the requirement under Section 21.006 to
report an educator's misconduct;
(O) intensive programs of instruction under
Section 28.0213;
(P) the right of a school employee to report a
crime, as provided by Section 37.148;
(Q) bullying prevention policies and procedures
under Section 37.0832;
(R) the right of a school under Section 37.0052
to place a student who has engaged in certain bullying behavior in a
disciplinary alternative education program or to expel the student;
(S) the right under Section 37.0151 to report to
local law enforcement certain conduct constituting assault or
harassment;
(T) a parent's right to information regarding the
provision of assistance for learning difficulties to the parent's
child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
(U) establishment of residency under Section
25.001;
(V) school safety requirements under Sections
37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115,
37.207, and 37.2071;
(W) the early childhood literacy and mathematics
proficiency plans under Section 11.185;
(X) the college, career, and military readiness
plans under Section 11.186; and
(Y) [(X)] parental options to retain a student
under Section 28.02124.
SECTION 6.004. Section 12.1058(a), Education Code, as
amended by Chapters 551 (S.B. 282) and 916 (H.B. 3610), Acts of the
87th Legislature, Regular Session, 2021, is reenacted and amended
to read as follows:
(a) An open-enrollment charter school is considered to be:
(1) a local government for purposes of Chapter 791,
Government Code;
(2) a local government for purposes of Chapter 2259,
Government Code, except that an open-enrollment charter school may
not issue public securities as provided by Section 2259.031(b),
Government Code;
(3) a political subdivision for purposes of Chapter
172, Local Government Code;
(4) a local governmental entity for purposes of
Subchapter I, Chapter 271, Local Government Code; [and]
(5) a political subdivision for purposes of Section
180.008, Local Government Code;
(6) [(5)] a political subdivision for purposes of
Section 16.061, Civil Practice and Remedies Code, with respect to
any property purchased, leased, constructed, renovated, or
improved with state funds under Section 12.128 of this code; and
(7) [(6)] a political subdivision for purposes of
Section 11.11, Tax Code.
SECTION 6.005. (a) Section 12.263, Education Code, as
effective September 1, 2023, is amended to conform to Chapter 489
(H.B. 3456), Acts of the 87th Legislature, Regular Session, 2021,
by adding Subsection (h) to read as follows:
(h) Notwithstanding any other law, for purposes of any
budget reductions requested by the Legislative Budget Board or the
governor, any money received by a nonprofit entity granted a
charter under this subchapter or appropriated to the agency for
purposes of operating an adult education program under this
subchapter is considered to be part of the foundation school
program and is not subject to those budget reductions.
(b) Section 2, Chapter 489 (H.B. 3456), Acts of the 87th
Legislature, Regular Session, 2021, which added Section
29.259(j-1), Education Code, is repealed.
SECTION 6.006. Section 21.051, Education Code, as amended
by Chapters 215 (H.B. 159) and 952 (S.B. 1590), Acts of the 87th
Legislature, Regular Session, 2021, is amended by reenacting and
amending Subsection (f) and adding Subsection (f-1) to read as
follows:
(f) The board shall propose rules providing flexible
options for persons for any field-based experience or internship
required for certification, including options for candidate
observations that provide for at least:
(1) two observations to occur in person and two
additional observations to occur in virtual settings that are
equivalent in rigor to in-person options for observation; or
(2) three observations to occur in person.
(f-1) The options required under Subsection (f) must, to the
greatest extent practicable, involve interaction with a diverse
student population, including students with disabilities.
SECTION 6.007. Section 21.4551(b), Education Code, as
amended by Chapter 973 (S.B. 2066), Acts of the 87th Legislature,
Regular Session, 2021, is repealed to conform to the repeal of
Section 21.4551, Education Code, by Chapter 1045 (S.B. 1267), Acts
of the 87th Legislature, Regular Session, 2021.
SECTION 6.008. Section 31.0211(c), Education Code, as
amended by Chapters 806 (H.B. 1525) and 1003 (H.B. 3261), Acts of
the 87th Legislature, Regular Session, 2021, is reenacted and
amended to read as follows:
(c) Funds allotted under this section may be used to:
(1) purchase:
(A) materials on the list adopted by the
commissioner, as provided by Section 31.0231;
(B) instructional materials, regardless of
whether the instructional materials are on the list adopted under
Section 31.024;
(C) consumable instructional materials,
including workbooks;
(D) instructional materials for use in bilingual
education classes, as provided by Section 31.029;
(E) instructional materials for use in college
preparatory courses under Section 28.014, as provided by Section
31.031;
(F) supplemental instructional materials, as
provided by Section 31.035;
(G) state-developed open education resource
instructional materials, as provided by Subchapter B-1;
(H) instructional materials and technological
equipment under any continuing contracts of the district in effect
on September 1, 2011;
(I) technological equipment necessary to support
the use of materials included on the list adopted by the
commissioner under Section 31.0231 or any instructional materials
purchased with an allotment under this section;
(J) inventory software or systems for storing,
managing, and accessing instructional materials and analyzing the
usage and effectiveness of the instructional materials; and
(K) services, equipment, and technology
infrastructure necessary to ensure Internet connectivity and
adequate bandwidth; and
(2) pay:
(A) for training educational personnel directly
involved in student learning in the appropriate use of
instructional materials and for providing for access to
technological equipment for instructional use;
(B) for training personnel in the electronic
administration of assessment instruments; [and]
(C) the salary and other expenses of an employee
who provides technical support for the use of technological
equipment directly involved in student learning; and
(D) [(C)] for costs associated with distance
learning, including Wi-Fi, Internet access hotspots, wireless
network service, broadband service, and other services and
technological equipment necessary to facilitate Internet access.
SECTION 6.009. Sections 48.009(b-1) and (b-2), Education
Code, as added by Chapter 915 (H.B. 3607), Acts of the 87th
Legislature, Regular Session, 2021, are repealed as duplicative of
Sections 48.009(b)(6) and (7), Education Code, as added by Chapter
806 (H.B. 1525), Acts of the 87th Legislature, Regular Session,
2021.
SECTION 6.010. Section 48.009(b-3), Education Code, is
amended to correct a reference to read as follows:
(b-3) A student reported under Subsection (b)(7) [(b-2)] as
having enrolled in a high school equivalency program, a dropout
recovery school, or an adult education program provided under a
high school diploma and industry certification charter school
program must be reported through the Public Education Information
Management System as having previously dropped out of school.
SECTION 6.011. Section 48.009(b-4), Education Code, as
added by Chapter 806 (H.B. 1525), Acts of the 87th Legislature,
Regular Session, 2021, is repealed as duplicative of Section
48.009(b-3), Education Code, as added by Chapter 915 (H.B. 3607),
Acts of the 87th Legislature, Regular Session, 2021.
SECTION 6.012. Section 134.004, Education Code, as amended
by Chapters 80 (S.B. 346) and 499 (H.B. 4279), Acts of the 87th
Legislature, Regular Session, 2021, is reenacted to read as
follows:
Sec. 134.004. JOBS AND EDUCATION FOR TEXANS (JET) GRANT
PROGRAM. (a) The commission shall establish and administer the Jobs
and Education for Texans (JET) Grant Program to provide grants to
public junior colleges, public technical institutes, public state
colleges, and school districts and open-enrollment charter schools
described under Section 134.007 that apply to the advisory board in
the manner prescribed by the advisory board. The commission shall
award the grants on the advice and recommendations of the advisory
board.
(b) Grants may be awarded under this chapter from the Jobs
and Education for Texans (JET) fund to defray the start-up costs
associated with the development of new career and technical
education programs at public junior colleges, public technical
institutes, public state colleges, and school districts and
open-enrollment charter schools described under Section 134.007
that meet the requirements of Section 134.006.
SECTION 6.013. Section 134.006(a), Education Code, as
amended by Chapters 80 (S.B. 346) and 499 (H.B. 4279), Acts of the
87th Legislature, Regular Session, 2021, is reenacted and amended
to read as follows:
(a) The commission may award a grant for the development of
new career and technical education courses or programs at public
junior colleges, public technical institutes, public state
colleges, and school districts[,] and open-enrollment charter
schools described under Section 134.007.
SECTION 6.014. Section 134.006(d), Education Code, as
amended by Chapters 80 (S.B. 346) and 499 (H.B. 4279), Acts of the
87th Legislature, Regular Session, 2021, is reenacted to read as
follows:
(d) To be eligible to receive a grant under this section, a
public junior college, public technical institute, public state
college, or school district or open-enrollment charter school
described under Section 134.007 must provide matching funds in
accordance with rules adopted under Section 134.008. The matching
funds may be obtained from any source available to the public junior
college, public technical institute, public state college, school
district, or open-enrollment charter school, including industry
consortia, community or foundation grants, individual
contributions, and local governmental agency operating funds.
SECTION 6.015. Section 134.007, Education Code, as amended
by Chapters 80 (S.B. 346) and 499 (H.B. 4279), Acts of the 87th
Legislature, Regular Session, 2021, is reenacted and amended to
read as follows:
Sec. 134.007. GRANTS AWARDED TO SCHOOL DISTRICT OR
OPEN-ENROLLMENT CHARTER SCHOOL. The commission may award a grant
under this chapter to:
(1) an independent [a] school district or
open-enrollment charter school [under this chapter] if the
district[:
[(1) is an independent school district and] or school
has entered into a partnership with a public junior college, public
technical institute, or public state college for the purpose of:
(A) promoting career and technical education to
the district's or school's students; or
(B) offering dual credit courses to the
district's or school's students; or
(2) the Windham School District.
SECTION 6.016. Section 1001.108(b), Education Code, is
amended to correct a reference to read as follows:
(b) The curriculum must include information about each
matter listed in Section 692A.020(k) [49.001(a)], Health and Safety
Code.
ARTICLE 7. CHANGES RELATING TO ELECTION CODE
SECTION 7.001. Sections 13.004(d) and (e), Election Code,
are amended to conform to Chapter 711 (H.B. 3107), Acts of the 87th
Legislature, Regular Session, 2021, to read as follows:
(d) The voter registrar or other county official who has
access to the information furnished on a registration application
may not post the following information on a website:
(1) a telephone number;
(2) a social security number;
(3) a driver's license number or a number of a personal
identification card;
(4) a date of birth; or
(5) the residence address of a voter who submits
documentation under Subsection (c)(4), (5) [(c)(5)], (6), or (7)[,
or (8)] to the voter registrar or regarding whom the registrar has
received notification under Section 15.0215.
(e) Documentation submitted under Subsection (c)(4), (5)
[(c)(5)], (6), or (7)[, or (8)] shall be retained on file with the
voter registration application.
SECTION 7.002. Section 87.121, Election Code, as reenacted
and amended by Chapters 66 (H.B. 1622) and 317 (H.B. 1382), Acts of
the 87th Legislature, Regular Session, 2021, is reenacted and
amended to read as follows:
Sec. 87.121. EARLY VOTING ROSTERS. (a) The early voting
clerk shall maintain for each election a roster listing each person
who votes an early voting ballot by personal appearance and a roster
listing each person to whom an early voting ballot to be voted by
mail is sent.
(b) For each person listed, the applicable roster must
include:
(1) the person's name, address, and voter registration
number;
(2) an identification of the person's county election
precinct of registration; and
(3) the date of voting or the date the ballot was
mailed to the person, as applicable.
(c) Each roster shall be updated daily.
(d) Each roster may be maintained in any form approved by
the secretary of state.
(e) The clerk shall preserve each roster after the election
for the period for preserving the precinct election records.
(f) Information on the roster for a person to whom an early
voting mail ballot has been sent is not available for public
inspection, except to the voter seeking to verify that the
information pertaining to the voter is accurate, until the first
business day after election day.
(g) Information on the roster for a person who votes an
early voting ballot by personal appearance shall be made available
for public inspection as provided by Subsection (i) not later than
11 a.m. on the day after the date the information is entered on the
roster under Subsection (c).
(h) Information on the roster for a person who votes an
early voting ballot by mail shall be made available for public
inspection as provided by Subsection (i) not later than 11 a.m. on
the day following the day the early voting clerk receives any ballot
voted by mail.
(i) The information under Subsections (g) and (h) must be
made available:
(1) for an election in which the county clerk is the
early voting clerk:
(A) on the publicly accessible Internet website
of the county; or
(B) if the county does not maintain a website, on
the bulletin board used for posting notice of meetings of the
commissioners court; or
(2) for an election not described by Subdivision (1):
(A) on the publicly accessible Internet website
of the authority ordering the election; or
(B) if the authority ordering the election does
not maintain a website, on the bulletin board used for posting
notice of meetings of the governing body of the authority.
(j) The early voting clerk for a primary election or the
general election for state and county officers shall submit to the
secretary of state for posting on the secretary of state's Internet
website the information described by:
(1) Subsection (g) not later than 11 a.m. on the day
after the date the information is entered on the roster under
Subsection (c); and
(2) Subsection (h) not later than 11 a.m. on the day
following the day the early voting clerk receives any ballot voted
by mail.
(k) The early voting clerk for a primary election or the
general election for state and county officers shall submit to the
secretary of state for posting on the secretary of state's Internet
website the election day information described by Subsections (g)
and (h) not later than 11 a.m. on the day after the election.
(l) The early voting clerk for a primary election or the
general election for state and county officers shall submit to the
secretary of state for posting on the secretary of state's Internet
website the final rosters containing information described by
Subsections (g) and (h) not later than the 20th day after the date
of the local canvass.
(m) [(k)] The secretary of state shall post the information
described by Subsection (j) on the secretary of state's Internet
website in a downloadable format not later than 11 a.m. on the day
following the day of receipt of the information.
(n) [(l)] The secretary of state shall create a system for
an early voting clerk for a primary election or the general election
for state and county officers to provide the information to the
secretary of state for posting on the secretary of state's Internet
website under Subsection (j).
(o) [(m)] A person registered to vote in the county where
the early voting clerk is conducting early voting may submit a
complaint to the secretary of state stating that an early voting
clerk has not complied with this section.
(p) [(n)] The secretary of state by rule shall create and
maintain a system for receiving and recording complaints made under
this section.
(q) [(o)] The secretary of state shall maintain a record
indicating early voting clerks who have failed to comply with the
requirements of this section.
ARTICLE 8. CHANGES RELATING TO FAMILY CODE
SECTION 8.001. Section 54.047(f), Family Code, as amended
by Section 13, Chapter 948 (S.B. 1480), Acts of the 87th
Legislature, Regular Session, 2021, is repealed to conform to the
repeal of Section 54.047(f), Family Code, by Section 5.01(b)(5),
Chapter 472 (S.B. 41), Acts of the 87th Legislature, Regular
Session, 2021.
SECTION 8.002. Section 161.001(c), Family Code, as amended
by Chapters 8 (H.B. 567) and 29 (H.B. 2536), Acts of the 87th
Legislature, Regular Session, 2021, is reenacted and amended to
read as follows:
(c) Evidence of one or more of the following does not
constitute clear and convincing evidence sufficient for a court to
make a finding under Subsection (b) and order termination of the
parent-child relationship:
(1) the parent homeschooled the child;
(2) the parent is economically disadvantaged;
(3) the parent has been charged with a nonviolent
misdemeanor offense other than:
(A) an offense under Title 5, Penal Code;
(B) an offense under Title 6, Penal Code; or
(C) an offense that involves family violence, as
defined by Section 71.004 of this code;
(4) the parent provided or administered low-THC
cannabis to a child for whom the low-THC cannabis was prescribed
under Chapter 169, Occupations Code;
(5) the parent declined immunization for the child for
reasons of conscience, including a religious belief; [or]
(6) the parent sought an opinion from more than one
medical provider relating to the child's medical care, transferred
the child's medical care to a new medical provider, or transferred
the child to another health care facility; or
(7) [(6)] the parent allowed the child to engage in
independent activities that are appropriate and typical for the
child's level of maturity, physical condition, developmental
abilities, or culture.
SECTION 8.003. Section 261.001(4), Family Code, as amended
by Chapters 8 (H.B. 567) and 29 (H.B. 2536), Acts of the 87th
Legislature, Regular Session, 2021, is reenacted and amended to
read as follows:
(4) "Neglect" means an act or failure to act by a
person responsible for a child's care, custody, or welfare
evidencing the person's blatant disregard for the consequences of
the act or failure to act that results in harm to the child or that
creates an immediate danger to the child's physical health or
safety and:
(A) includes:
(i) the leaving of a child in a situation
where the child would be exposed to an immediate danger of physical
or mental harm, without arranging for necessary care for the child,
and the demonstration of an intent not to return by a parent,
guardian, or managing or possessory conservator of the child;
(ii) the following acts or omissions by a
person:
(a) placing a child in or failing to
remove a child from a situation that a reasonable person would
realize requires judgment or actions beyond the child's level of
maturity, physical condition, or mental abilities and that results
in bodily injury or an immediate danger of harm to the child;
(b) failing to seek, obtain, or follow
through with medical care for a child, with the failure resulting in
or presenting an immediate danger of death, disfigurement, or
bodily injury or with the failure resulting in an observable and
material impairment to the growth, development, or functioning of
the child;
(c) the failure to provide a child
with food, clothing, or shelter necessary to sustain the life or
health of the child, excluding failure caused primarily by
financial inability unless relief services had been offered and
refused;
(d) placing a child in or failing to
remove the child from a situation in which the child would be
exposed to an immediate danger of sexual conduct harmful to the
child; or
(e) placing a child in or failing to
remove the child from a situation in which the child would be
exposed to acts or omissions that constitute abuse under
Subdivision (1)(E), (F), (G), (H), or (K) committed against another
child;
(iii) the failure by the person responsible
for a child's care, custody, or welfare to permit the child to
return to the child's home without arranging for the necessary care
for the child after the child has been absent from the home for any
reason, including having been in residential placement or having
run away; or
(iv) a negligent act or omission by an
employee, volunteer, or other individual working under the auspices
of a facility or program, including failure to comply with an
individual treatment plan, plan of care, or individualized service
plan, that causes or may cause substantial emotional harm or
physical injury to, or the death of, a child served by the facility
or program as further described by rule or policy; and
(B) does not include:
(i) the refusal by a person responsible for
a child's care, custody, or welfare to permit the child to remain in
or return to the child's home resulting in the placement of the
child in the conservatorship of the department if:
(a) the child has a severe emotional
disturbance;
(b) the person's refusal is based
solely on the person's inability to obtain mental health services
necessary to protect the safety and well-being of the child; and
(c) the person has exhausted all
reasonable means available to the person to obtain the mental
health services described by Sub-subparagraph (b); [or]
(ii) allowing the child to engage in
independent activities that are appropriate and typical for the
child's level of maturity, physical condition, developmental
abilities, or culture; or
(iii) [(ii)] a decision by a person
responsible for a child's care, custody, or welfare to:
(a) obtain an opinion from more than
one medical provider relating to the child's medical care;
(b) transfer the child's medical care
to a new medical provider; or
(c) transfer the child to another
health care facility.
SECTION 8.004. Section 262.116(a), Family Code, as amended
by Chapters 8 (H.B. 567) and 29 (H.B. 2536), Acts of the 87th
Legislature, Regular Session, 2021, is reenacted and amended to
read as follows:
(a) The Department of Family and Protective Services may not
take possession of a child under this subchapter based on evidence
that the parent:
(1) homeschooled the child;
(2) is economically disadvantaged;
(3) has been charged with a nonviolent misdemeanor
offense other than:
(A) an offense under Title 5, Penal Code;
(B) an offense under Title 6, Penal Code; or
(C) an offense that involves family violence, as
defined by Section 71.004 of this code;
(4) provided or administered low-THC cannabis to a
child for whom the low-THC cannabis was prescribed under Chapter
169, Occupations Code;
(5) declined immunization for the child for reasons of
conscience, including a religious belief; [or]
(6) sought an opinion from more than one medical
provider relating to the child's medical care, transferred the
child's medical care to a new medical provider, or transferred the
child to another health care facility;
(7) [(6)] allowed the child to engage in independent
activities that are appropriate and typical for the child's level
of maturity, physical condition, developmental abilities, or
culture; or
(8) [(7)] tested positive for marihuana, unless the
department has evidence that the parent's use of marihuana has
caused significant impairment to the child's physical or mental
health or emotional development.
ARTICLE 9. CHANGES RELATING TO FINANCE CODE
SECTION 9.001. Section 31.002(a)(15), Finance Code, is
amended to correct a reference to read as follows:
(15) "Deposit" means the establishment of a
debtor-creditor relationship represented by the agreement of the
deposit debtor to act as a holding, paying, or disbursing agent for
the deposit creditor. The term:
(A) includes:
(i) an unpaid balance of money that is
received by the deposit debtor in the usual course of business in
exchange for conditional or unconditional credit to a commercial,
checking, savings, or time account of the deposit creditor or the
creditor's designee, or that is evidenced by a certificate of
deposit or similar instrument, a certified check or draft drawn
against a deposit account, or a letter of credit or traveler's check
on which the deposit debtor is primarily liable, but excluding an
obligation arising under Chapter 151 [152];
(ii) money or credit given for money
received by the deposit debtor in the usual course of business for a
special purpose, including money:
(a) held as escrow money, as security
for an obligation due to the deposit debtor or another person, or as
security for a loan;
(b) left with a deposit debtor by a
deposit creditor to meet maturing obligations that are not yet due;
and
(c) held by the deposit debtor to meet
an acceptance or letter of credit;
(iii) an outstanding draft, cashier's
check, money order, or other officer's check issued by the deposit
debtor in the usual course of business for any purpose, including
payment for services, dividends, or purchases; and
(iv) an obligation that the finance
commission by rule defines as a deposit liability, except that the
term may not include money received for immediate application to
reduction of an indebtedness; and
(B) does not include an obligation that this
subtitle or finance commission rule determines not to be a deposit
liability.
SECTION 9.002. Sections 59.011(a) and (c), Finance Code,
are amended to conform to the expiration of Title 16, Property Code,
on September 1, 2009, to read as follows:
(a) For purposes of Chapter 27, Property Code, [and Title
16, Property Code,] a federally insured financial institution
regulated under this code is not a builder.
(c) A builder hired by a lender to complete the construction
of a foreclosed home is not liable for any construction defects of
which the builder had no knowledge that existed prior to the
acquisition of the home by the lender, but the builder is subject to
Chapter 27, Property Code, [and Title 16, Property Code,] for work
performed for the lender subsequent to the acquisition of the home
by the lender.
ARTICLE 10. CHANGES RELATING TO GOVERNMENT CODE
SECTION 10.001. The heading to Subchapter H, Chapter 51,
Government Code, is repealed to conform to the repeal of Sections
51.702, 51.703, 51.704, 51.705, 51.706, 51.707, 51.708, 51.709,
51.710, 51.711, and 51.713, Government Code, by Chapter 472
(S.B. 41), Acts of the 87th Legislature, Regular Session, 2021.
SECTION 10.002. Section 402.0351(b), Government Code, as
amended by Chapters 280 (H.B. 3721) and 1049 (S.B. 1831), Acts of
the 87th Legislature, Regular Session, 2021, is reenacted to read
as follows:
(b) The attorney general by rule shall prescribe the design
and content of a sign required to be posted under this section. The
sign must:
(1) contain information regarding services and
assistance available to victims of human trafficking;
(2) be in English, Spanish, and any other language
determined appropriate by the attorney general in consultation with
the council; and
(3) include:
(A) a toll-free telephone number and Internet
website for accessing human trafficking resources;
(B) the contact information for reporting
suspicious activity to the Department of Public Safety; and
(C) the key indicators that a person is a victim
of human trafficking.
SECTION 10.003. Section 411.179(a), Government Code, as
amended by Chapters 203 (H.B. 918), 383 (S.B. 1134), and 821 (H.B.
2675), Acts of the 87th Legislature, Regular Session, 2021, is
reenacted and amended to read as follows:
(a) The department by rule shall adopt the form of the
license. A license must include:
(1) a number assigned to the license holder by the
department;
(2) a statement of the period for which the license is
effective;
(3) a photograph of the license holder;
(4) the license holder's full name, date of birth, hair
and eye color, height, weight, and signature;
(5) the license holder's residence address or, as
provided by Subsection (d), the street address of the courthouse in
which the license holder or license holder's spouse or parent
serves as a federal judge or the license holder serves as a state
judge;
(6) the number of a driver's license or an
identification certificate issued to the license holder by the
department;
(7) the designation "VETERAN" if required under
Subsection (e); [and]
(8) any at-risk designation for which the license
holder has established eligibility under Section 411.184; and
(9) [(8)] if applicable, a protective order
designation under Section 411.1735.
SECTION 10.004. Section 478.0001(3), Government Code, as
amended by Chapters 10 (H.B. 1472), 102 (S.B. 1265), 605 (S.B.
1155), and 915 (H.B. 3607), Acts of the 87th Legislature, Regular
Session, 2021, is reenacted and amended to read as follows:
(3) "Event" means any of the following and includes
any activity related to or associated with the following:
(A) the Academy of Country Music Awards;
(B) the Amateur Athletic Union Junior Olympic
Games;
(C) a Big 12 Football Conference Championship
game;
(D) the Breeders' Cup World Championships;
(E) a game of the College Football Playoff or its
successor;
(F) the Confederation of North, Central America
and Caribbean Association Football (Concacaf) Gold Cup;
(G) [(F)] a CONVRG conference;
(H) [(G)] an Elite Rodeo Association World
Championship;
(I) [(H)] a Formula One automobile race;
(J) [(I)] the largest event held each year at a
sports entertainment venue in this state with a permanent seating
capacity, including grandstand and premium seating, of at least
125,000 on September 1, 2021;
(K) [(J)] the Major League Baseball All-Star
Game;
(L) [(K)] the Major League Soccer All-Star Game
or the Major League Soccer Cup;
(M) [(L)] a mixed martial arts championship;
(N) [(M)] the Moto Grand Prix of the United
States;
(O) [(N)] the National Association for Stock Car
Auto Racing (NASCAR):
(i) All-Star Race;
(ii) season-ending Championship Race; or
(iii) Texas Grand Prix race;
(P) [(O)] the National Basketball Association
All-Star Game;
(Q) [(P)] a National Collegiate Athletic
Association Final Four tournament game;
(R) [(Q)] the National Collegiate Athletic
Association men's or women's lacrosse championships;
(S) [(R)] a national collegiate championship of
an amateur sport sanctioned by the national governing body of the
sport that is recognized by the United States Olympic Committee;
(T) [(S)] the National Cutting Horse Association
Triple Crown;
(U) [(T)] the National Hockey League All-Star
Game;
(V) the National Hot Rod Association Fall
Nationals at the Texas Motorplex;
(W) [(U)] a national political convention of the
Republican National Committee or the Democratic National
Committee;
(X) [(V)] a championship event in the National
Reined Cow Horse Association (NRCHA) Championship Series;
(Y) [(W)] an Olympic activity, including a
Junior or Senior activity, training program, or feeder program
sanctioned by the United States Olympic Committee's Community
Olympic Development Program;
(Z) [(X)] a presidential general election
debate;
(AA) [(Y)] the Professional Rodeo Cowboys
Association National Finals Rodeo;
(BB) [(Z)] a Super Bowl;
(CC) [(AA)] the United States Open Championship;
(DD) [(BB)] a World Cup soccer game or the World
Cup soccer tournament;
(EE) [(CC)] the World Games;
(FF) [(DD)] a World Wrestling Entertainment
WrestleMania event; or
(GG) [(EE)] the X Games.
SECTION 10.005. Section 478.0001(7), Government Code, as
amended by Chapters 10 (H.B. 1472), 102 (S.B. 1265), and 915 (H.B.
3607), Acts of the 87th Legislature, Regular Session, 2021, is
reenacted and amended to read as follows:
(7) "Site selection organization" means:
(A) the Academy of Country Music;
(B) the Amateur Athletic Union;
(C) the Big 12 Conference;
(D) the College Football Playoff Administration,
LLC, or its successor;
(E) the Commission on Presidential Debates;
(F) the Confederation of North, Central America
and Caribbean Association Football (Concacaf);
(G) [(F)] the Democratic National Committee;
(H) [(G)] Dorna Sports;
(I) [(H)] the Elite Rodeo Association;
(J) [(I)] Encore Live;
(K) [(J)] ESPN or an affiliate;
(L) [(K)] the Federation Internationale de
Football Association (FIFA);
(M) [(L)] the International World Games
Association;
(N) [(M)] Major League Baseball;
(O) [(N)] Major League Soccer;
(P) [(O)] the National Association for Stock Car
Auto Racing (NASCAR);
(Q) [(P)] the National Basketball Association;
(R) [(Q)] the National Collegiate Athletic
Association;
(S) [(R)] the National Cutting Horse
Association;
(T) [(S)] the National Football League;
(U) [(T)] the National Hockey League;
(V) the National Hot Rod Association;
(W) [(U)] the National Reined Cow Horse
Association (NRCHA);
(X) [(V)] the Professional Rodeo Cowboys
Association;
(Y) [(W)] the Republican National Committee;
(Z) [(X)] the Ultimate Fighting Championship;
(AA) [(Y)] the United States Golf Association;
(BB) [(Z)] the United States Olympic Committee;
(CC) [(AA)] World Wrestling Entertainment; or
(DD) [(BB)] the national governing body of a
sport that is recognized by:
(i) the Federation Internationale de
l'Automobile;
(ii) Formula One Management Limited;
(iii) the National Thoroughbred Racing
Association; or
(iv) the United States Olympic Committee.
SECTION 10.006. Section 478.0053, Government Code, as
amended by Chapter 10 (H.B. 1472), Acts of the 87th Legislature,
Regular Session, 2021, is amended to conform to the amendment of
Section 478.0001(3), Government Code, by Chapter 915 (H.B. 3607),
Acts of the 87th Legislature, Regular Session, 2021, to read as
follows:
Sec. 478.0053. EXEMPTION FROM CERTAIN ELIGIBILITY
REQUIREMENT FOR CERTAIN LARGE VENUES. Section 478.0051(b)(1) does
not apply to an event described by Section 478.0001(3)(J)
[478.0001(3)(H)]. If an endorsing municipality or endorsing county
requests the office to make a determination under Section 478.0102
for an event described by Section 478.0001(3)(J) [478.0001(3)(H)],
the remaining provisions of this chapter apply to that event as if
the event satisfied the eligibility requirements under Section
478.0051(b)(1).
SECTION 10.007. Section 508.151(a), Government Code, is
amended to conform to the amendment of Article 42A.054(a), Code of
Criminal Procedure, by Chapter 1137 (H.B. 2758), Acts of the 86th
Legislature, Regular Session, 2019, to read as follows:
(a) For the purpose of diverting inmates to halfway houses
under Section 508.118, a parole panel, after reviewing all
available pertinent information, may designate a presumptive
parole date for an inmate who:
(1) has never been convicted of an offense listed
under Article 42A.054(a), Code of Criminal Procedure, or an offense
under Section [20A.03 or] 21.02, Penal Code; and
(2) has never had a conviction with a judgment that
contains an affirmative finding under Article 42A.054(c) or (d),
Code of Criminal Procedure.
SECTION 10.008. Section 2273.004(a), Government Code, is
amended to correct a reference to read as follows:
(a) The attorney general may bring an action in the name of
the state to enjoin a violation of Section 2273.003 [2272.003]. The
attorney general may recover reasonable attorney's fees and costs
incurred in bringing an action under this subsection.
ARTICLE 11. CHANGES RELATING TO HEALTH AND SAFETY CODE
SECTION 11.001. Section 62.1571, Health and Safety Code, as
amended by Chapters 624 (H.B. 4) and 811 (H.B. 2056), Acts of the
87th Legislature, Regular Session, 2021, is reenacted and amended
to read as follows:
Sec. 62.1571. TELEMEDICINE MEDICAL SERVICES, [AND]
TELEDENTISTRY DENTAL SERVICES, AND TELEHEALTH SERVICES. (a) In
providing covered benefits to a child, a health plan provider must
permit benefits to be provided through telemedicine medical
services, [and] teledentistry dental services, and telehealth
services in accordance with policies developed by the commission.
(b) The policies must provide for:
(1) the availability of covered benefits
appropriately provided through telemedicine medical services,
[and] teledentistry dental services, and [or] telehealth services
that are comparable to the same types of covered benefits provided
without the use of telemedicine medical services, [and]
teledentistry dental services, and [or] telehealth services; and
(2) the availability of covered benefits for different
services performed by multiple health care providers during a
single session of telemedicine medical services, teledentistry
dental services, or both services, or of telehealth services, if
the executive commissioner determines that delivery of the covered
benefits in that manner is cost-effective in comparison to the
costs that would be involved in obtaining the services from
providers without the use of telemedicine medical services, [or]
teledentistry dental services, or telehealth services, including
the costs of transportation and lodging and other direct costs.
(c) In this section, "teledentistry dental service," [and]
"telehealth service," and "telemedicine medical service" have the
meanings assigned by Section 531.001, Government Code.
SECTION 11.002. Sections 481.134(b) and (c), Health and
Safety Code, as amended by Chapters 584 (S.B. 768) and 807 (H.B.
1540), Acts of the 87th Legislature, Regular Session, 2021, are
reenacted to read as follows:
(b) An offense otherwise punishable as a state jail felony
under Section 481.112, 481.1121, 481.1123, 481.113, 481.114, or
481.120 is punishable as a felony of the third degree, an offense
otherwise punishable as a felony of the third degree under any of
those sections is punishable as a felony of the second degree, and
an offense otherwise punishable as a felony of the second degree
under any of those sections is punishable as a felony of the first
degree, if it is shown at the punishment phase of the trial of the
offense that the offense was committed:
(1) in, on, or within 1,000 feet of premises owned,
rented, or leased by an institution of higher learning, the
premises of a public or private youth center, or a playground;
(2) in, on, or within 300 feet of the premises of a
public swimming pool or video arcade facility; or
(3) by any unauthorized person 18 years of age or
older, in, on, or within 1,000 feet of premises owned, rented, or
leased by a general residential operation operating as a
residential treatment center.
(c) The minimum term of confinement or imprisonment for an
offense otherwise punishable under Section 481.112(c), (d), (e), or
(f), 481.1121(b)(2), (3), or (4), 481.1123(c), (d), (e), or (f),
481.113(c), (d), or (e), 481.114(c), (d), or (e), 481.115(c)-(f),
481.1151(b)(2), (3), (4), or (5), 481.116(c), (d), or (e),
481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e), 481.118(c),
(d), or (e), 481.120(b)(4), (5), or (6), or 481.121(b)(4), (5), or
(6) is increased by five years and the maximum fine for the offense
is doubled if it is shown on the trial of the offense that the
offense was committed:
(1) in, on, or within 1,000 feet of the premises of a
school, the premises of a public or private youth center, or a
playground;
(2) on a school bus; or
(3) by any unauthorized person 18 years of age or
older, in, on, or within 1,000 feet of premises owned, rented, or
leased by a general residential operation operating as a
residential treatment center.
SECTION 11.003. Section 692A.020(i), Health and Safety
Code, is amended to correct a typographical error to read as
follows:
(i) The Glenda Dawson Donate Life-Texas Registry fund is
created as a trust fund outside the state treasury to be held by the
comptroller and administered by the Department of Public Safety as
trustee on behalf of the statewide donor registry maintained for
the benefit of the citizens of this state. The fund is composed of
money deposited to the credit of the fund under Sections
502.405(b), 521.008, and 521.422(c), Transportation Code, as
provided by those sections [subsections]. Money in the fund shall
be disbursed at least monthly, without appropriation, to the
nonprofit organization administering the registry to pay the costs
of:
(1) maintaining, operating, and updating the
Internet-based registry and establishing procedures for an
individual to be added to the registry;
(2) designing and distributing educational materials
for prospective donors as required under this section; and
(3) providing education under this chapter.
SECTION 11.004. Section 711.002(a), Health and Safety Code,
is amended to correct a reference to read as follows:
(a) Except as provided by Subsection (l), unless a decedent
has left directions in writing for the disposition of the
decedent's remains as provided in Subsection (g), the following
persons, in the priority listed, have the right to control the
disposition, including cremation, of the decedent's remains, shall
inter the remains, and in accordance with Subsection (a-3) [(a-1)]
are liable for the reasonable cost of interment:
(1) the person designated in a written instrument
signed by the decedent;
(2) the decedent's surviving spouse;
(3) any one of the decedent's surviving adult
children;
(4) either one of the decedent's surviving parents;
(5) any one of the decedent's surviving adult
siblings;
(6) any one or more of the duly qualified executors or
administrators of the decedent's estate; or
(7) any adult person in the next degree of kinship in
the order named by law to inherit the estate of the decedent.
SECTION 11.005. Section 771.060, Health and Safety Code, is
amended to correct a reference to read as follows:
Sec. 771.060. BUSINESS PROVIDING RESIDENTIAL TELEPHONE
SWITCHES. A business service user that provides residential
facilities and owns or leases a private telephone switch used to
provide telephone service to facility residents shall provide to
those residential end users the same level of 9-1-1 service that a
service supplier is providing to other residential end users in the
area participating in the regional plan under Section 771.051(a)(2)
[771.051(2)].
ARTICLE 12. CHANGES RELATING TO HUMAN RESOURCES CODE
SECTION 12.001. Section 42.048(e), Human Resources Code, as
amended by Chapters 37 (S.B. 863) and 547 (S.B. 225), Acts of the
87th Legislature, Regular Session, 2021, is reenacted to read as
follows:
(e) A license issued under this chapter is not transferable
and applies only to the operator stated in the license application.
A change in ownership automatically revokes a license.
ARTICLE 13. CHANGES RELATING TO INSURANCE CODE
SECTION 13.001. The heading to Subchapter C, Chapter 1109,
Insurance Code, is repealed to conform to the repeal of Section
1109.101, Insurance Code, by Section 18(2), Chapter 52 (H.B. 1514),
Acts of the 87th Legislature, Regular Session, 2021.
ARTICLE 14. CHANGES RELATING TO LABOR CODE
SECTION 14.001. Section 51.016(h), Labor Code, as amended
by Chapters 79 (S.B. 315) and 942 (S.B. 766), Acts of the 87th
Legislature, Regular Session, 2021, is reenacted to read as
follows:
(h) The commission, the attorney general, or a law
enforcement agency may inspect a record maintained under this
section and request proof of E-verify program information
verification if there is good reason to believe that an individual
younger than 21 years of age is employed or has been employed by, or
has entered into a contract, other than a contract described by
Subsection (g), for the performance of work or the provision of a
service with, the sexually oriented business within the five years
preceding the date of the inspection.
ARTICLE 15. CHANGES RELATING TO NATURAL RESOURCES CODE
SECTION 15.001. Section 51.131(a), Natural Resources Code,
is amended to correct a reference to read as follows:
(a) For each lease issued under this subchapter for
agricultural or grazing purposes, the commissioner may require the
lessee to implement a soil and water conservation plan approved by
the commissioner. The commissioner, in reviewing a plan, and the
lessee, in implementing a plan, may be assisted by the United States
Department of Agriculture Natural Resources Conservation Service.
SECTION 15.002. Section 81.073, Natural Resources Code, as
added by Chapter 931 (H.B. 3648), Acts of the 87th Legislature,
Regular Session, 2021, is repealed as duplicative of Section
81.073, Natural Resources Code, as added by Chapter 426 (S.B. 3),
Acts of the 87th Legislature, Regular Session, 2021.
ARTICLE 16. CHANGES RELATING TO OCCUPATIONS CODE
SECTION 16.001. Section 51.002, Occupations Code, as
amended by Chapters 663 (H.B. 1560) and 850 (S.B. 713), Acts of the
87th Legislature, Regular Session, 2021, is reenacted to read as
follows:
Sec. 51.002. APPLICATION OF SUNSET ACT. The Texas
Commission of Licensing and Regulation and the Texas Department of
Licensing and Regulation are subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as provided
by that chapter, the commission and the department are abolished
September 1, 2033.
SECTION 16.002. Section 568.003(a), Occupations Code, is
amended to correct cross-references to conform to Chapter 1463
(H.B. 2950), Acts of the 77th Legislature, Regular Session, 2001,
to read as follows:
(a) The board may take disciplinary action under Section
568.0035 against an applicant for or the holder of a current or
expired pharmacy technician or pharmacy technician trainee
registration if the board determines that the applicant or
registrant has:
(1) violated this subtitle or a rule adopted under
this subtitle;
(2) engaged in gross immorality, as that term is
defined by the rules of the board;
(3) engaged in any fraud, deceit, or
misrepresentation, as those terms are defined by the rules of the
board, in seeking a registration to act as a pharmacy technician or
pharmacy technician trainee;
(4) been convicted of or placed on deferred
adjudication community supervision or deferred disposition or the
applicable federal equivalent for:
(A) a misdemeanor:
(i) involving moral turpitude; or
(ii) under Chapter 481 or 483, Health and
Safety Code, or the Comprehensive Drug Abuse Prevention and Control
Act of 1970 (21 U.S.C. Section 801 et seq.); or
(B) a felony;
(5) developed an incapacity that prevents the
applicant or registrant from practicing as a pharmacy technician or
pharmacy technician trainee with reasonable skill, competence, and
safety to the public;
(6) violated:
(A) Chapter 481 or 483, Health and Safety Code,
or rules relating to those chapters;
(B) Sections 485.031-485.034 [485.031-485.035],
Health and Safety Code; or
(C) a rule adopted under Section 485.002
[485.011], Health and Safety Code;
(7) violated the pharmacy or drug laws or rules of this
state, another state, or the United States;
(8) performed duties in a pharmacy that only a
pharmacist may perform, as defined by the rules of the board;
(9) used alcohol or drugs in an intemperate manner
that, in the board's opinion, could endanger a patient's life;
(10) engaged in negligent, unreasonable, or
inappropriate conduct when working in a pharmacy;
(11) violated a disciplinary order;
(12) been convicted or adjudicated of a criminal
offense that requires registration as a sex offender under Chapter
62, Code of Criminal Procedure; or
(13) been disciplined by a pharmacy or other health
regulatory board of this state or another state for conduct
substantially equivalent to conduct described by this subsection.
SECTION 16.003. The heading to Subchapter K, Chapter 701,
Occupations Code, is repealed to conform to the repeal of Section
701.512, Occupations Code, by Chapter 663 (H.B. 1560), Acts of the
87th Legislature, Regular Session, 2021.
ARTICLE 17. CHANGES RELATING TO PENAL CODE
SECTION 17.001. Section 12.35(c), Penal Code, is amended to
conform to the amendment of Article 42A.054(a), Code of Criminal
Procedure, by Chapter 1137 (H.B. 2758), Acts of the 86th
Legislature, Regular Session, 2019, to read as follows:
(c) An individual adjudged guilty of a state jail felony
shall be punished for a third degree felony if it is shown on the
trial of the offense that:
(1) a deadly weapon as defined by Section 1.07 was used
or exhibited during the commission of the offense or during
immediate flight following the commission of the offense, and that
the individual used or exhibited the deadly weapon or was a party to
the offense and knew that a deadly weapon would be used or
exhibited; or
(2) the individual has previously been finally
convicted of any felony:
(A) under Section [20A.03 or] 21.02 or listed in
Article 42A.054(a), Code of Criminal Procedure; or
(B) for which the judgment contains an
affirmative finding under Article 42A.054(c) or (d), Code of
Criminal Procedure.
SECTION 17.002. Section 42.03, Penal Code, as amended by
Chapters 197 (H.B. 9) and 949 (S.B. 1495), Acts of the 87th
Legislature, Regular Session, 2021, is amended by reenacting and
amending Subsection (c) and adding Subsection (c-1) to read as
follows:
(c) Except as otherwise provided by Subsections (c-1), (d),
and (e), an offense under this section is a Class B misdemeanor.
(c-1) An offense under this section [, except that the
offense] is a state jail felony if, in committing the offense, the
actor knowingly:
(1) prevents the passage of an authorized emergency
vehicle, as defined by Section 541.201, Transportation Code, that
is operating the vehicle's emergency audible or visual signals
required by Section 546.003, Transportation Code; or
(2) obstructs access to a hospital licensed under
Chapter 241, Health and Safety Code, or other health care facility
that provides emergency medical care, as defined by Section
773.003, Health and Safety Code.
SECTION 17.003. Section 43.02(c-2), Penal Code, as added by
Chapters 807 (H.B. 1540) and 1049 (S.B. 1831), Acts of the 87th
Legislature, Regular Session, 2021, is transferred to Section
43.021, Penal Code, redesignated as Section 43.021(b-1), Penal
Code, and amended to read as follows:
(b-1) [(c-2)] The punishment prescribed for an offense
under Subsection (a) [(b)] is increased to the punishment
prescribed for the next highest category of offense if it is shown
on the trial of the offense that the actor committed the offense in
a location that was:
(1) on the premises of or within 1,000 feet of the
premises of a school; or
(2) on premises or within 1,000 feet of premises
where:
(A) an official school function was taking place;
or
(B) an event sponsored or sanctioned by the
University Interscholastic League was taking place.
SECTION 17.004. Sections 46.035(b), (c), and (d), Penal
Code, as amended by Chapter 481 (H.B. 2112) and Chapter 518 (S.B.
550), Acts of the 87th Legislature, Regular Session, 2021, are
repealed to conform to the repeal of Section 46.035, Penal Code, by
Chapter 809 (H.B. 1927), Acts of the 87th Legislature, Regular
Session, 2021.
SECTION 17.005. Section 46.06(a), Penal Code, is amended to
correct a reference to read as follows:
(a) A person commits an offense if the person:
(1) sells, rents, leases, loans, or gives a handgun to
any person knowing that the person to whom the handgun is to be
delivered intends to use it unlawfully or in the commission of an
unlawful act;
(2) intentionally or knowingly sells, rents, leases,
or gives or offers to sell, rent, lease, or give to any child
younger than 18 years of age any firearm, club, or
location-restricted knife;
(3) intentionally, knowingly, or recklessly sells a
firearm or ammunition for a firearm to any person who is
intoxicated;
(4) knowingly sells a firearm or ammunition for a
firearm to any person who has been convicted of a felony before the
fifth anniversary of the later of the following dates:
(A) the person's release from confinement
following conviction of the felony; or
(B) the person's release from supervision under
community supervision, parole, or mandatory supervision following
conviction of the felony;
(5) sells, rents, leases, loans, or gives a handgun to
any person knowing that an active protective order is directed to
the person to whom the handgun is to be delivered;
(6) knowingly purchases, rents, leases, or receives as
a loan or gift from another a handgun while an active protective
order is directed to the actor; or
(7) while prohibited from possessing a firearm under
state or federal law, knowingly makes a material false statement on
a form that is:
(A) required by state or federal law for the
purchase, sale, or other transfer of a firearm; and
(B) submitted to a [licensed] firearms dealer
licensed under [, as defined by] 18 U.S.C. Section 923.
ARTICLE 18. CHANGES RELATING TO PROPERTY CODE
SECTION 18.001. Section 5.018, Property Code, is repealed
to conform to the expiration of Title 16, Property Code, on
September 1, 2009.
ARTICLE 19. CHANGES RELATING TO SPECIAL DISTRICT LOCAL LAWS CODE
SECTION 19.001. Section 1013.104(b), Special District Local
Laws Code, is amended to correct a typographical error to read as
follows:
(b) The hospital system may include:
(1) facilities and equipment for domiciliary
[domiliciary] care and treatment of sick, injured, or geriatric
patients;
(2) outpatient clinics;
(3) convalescent home facilities;
(4) physicians' offices; and
(5) any other facilities or equipment the board
considers necessary for hospital purposes.
SECTION 19.002. Section 1100.064(a), Special District
Local Laws Code, is amended to correct a typographical error to read
as follows:
(a) The district may spend district money to recruit
physicians [physicans], nurses, or other trained medical
personnel.
ARTICLE 20. CHANGES RELATING TO TAX CODE
SECTION 20.001. (a) Section 5.102(a), Tax Code, is amended
to conform to the amendment of Section 5.102, Tax Code, by Chapter
490 (H.B. 3384), Acts of the 86th Legislature, Regular Session,
2019, to read as follows:
(a) At least once every two years, the comptroller shall
review the governance of each appraisal district, the taxpayer
assistance provided by each appraisal district, and the operating
and appraisal standards, procedures, and methodology used by each
appraisal district, to determine compliance with generally
accepted standards, procedures, and methodology, including
compliance with standards, procedures, and methodology prescribed
by any appraisal manuals required by law to be prepared and issued
by the comptroller. [After consultation with the property tax
administration advisory board, the comptroller by rule may
establish procedures and standards for conducting and scoring the
review.]
(b) Section 5.102(a-2), Tax Code, is amended to conform to
the amendment of Section 5.102(a), Tax Code, by Chapter 944 (S.B.
2), Acts of the 86th Legislature, Regular Session, 2019, to read as
follows:
(a-2) After consultation with the property tax
administration advisory board [committee created under Section
403.302, Government Code], the comptroller by rule may establish
procedures and standards for conducting and scoring a review under
this section.
SECTION 20.002. Section 171.0002(c), Tax Code, is amended to
correct a reference to read as follows:
(c) "Taxable entity" does not include an entity that is:
(1) a grantor trust as defined by Sections 671 and
7701(a)(30)(E), Internal Revenue Code, all of the grantors and
beneficiaries of which are natural persons or charitable entities
as described in Section 501(c)(3), Internal Revenue Code, excluding
a trust taxable as a business entity pursuant to Treasury
Regulation Section 301.7701-4(b);
(2) an estate of a natural person as defined by Section
7701(a)(30)(D), Internal Revenue Code, excluding an estate taxable
as a business entity pursuant to Treasury Regulation Section
301.7701-4(b);
(3) an escrow;
(4) a real estate investment trust (REIT) as defined
by Section 856, Internal Revenue Code, and its "qualified REIT
subsidiary" entities as defined by Section 856(i)(2), Internal
Revenue Code, provided that:
(A) a REIT with any amount of its assets in direct
holdings of real estate, other than real estate it occupies for
business purposes, as opposed to holding interests in limited
partnerships or other entities that directly hold the real estate,
is a taxable entity; and
(B) a limited partnership or other entity that
directly holds the real estate as described in Paragraph (A) is not
exempt under this subdivision, without regard to whether a REIT
holds an interest in it;
(5) a real estate mortgage investment conduit (REMIC),
as defined by Section 860D, Internal Revenue Code;
(6) a nonprofit self-insurance trust created under
Chapter 2212, Insurance Code, or a predecessor statute;
(7) a trust qualified under Section 401(a), Internal
Revenue Code;
(8) a trust or other entity that is exempt under
Section 501(c)(9), Internal Revenue Code; or
(9) an unincorporated entity organized as a political
committee under the Election Code or the provisions of the Federal
Election Campaign Act of 1971 (52 U.S.C. Section 30101 et seq.) [(2
U.S.C. Section 431 et seq.)].
ARTICLE 21. CHANGES RELATING TO TRANSPORTATION CODE
SECTION 21.001. Section 503.0626(c), Transportation Code,
is amended to correct a reference to read as follows:
(c) Before a dealer's or converter's temporary tag may be
displayed on a vehicle, the dealer or converter must enter into the
database through the Internet information on the vehicle and
information about the dealer or converter as prescribed by the
department. Except as provided by Section 503.0632(f)
[506.0632(f)], the department may not deny access to the database
to any dealer who holds a general distinguishing number issued
under this chapter or who is licensed under Chapter 2301,
Occupations Code, or to any converter licensed under Chapter 2301,
Occupations Code.
SECTION 21.002. Section 503.0631(c), Transportation Code,
is amended to correct a reference to read as follows:
(c) Except as provided by Subsection (d), before a buyer's
temporary tag may be displayed on a vehicle, a dealer must enter
into the database through the Internet information about the buyer
of the vehicle for which the tag was issued as prescribed by the
department and generate a vehicle-specific number for the tag as
required by Section 503.063(e). Except as provided by Section
503.0632(f) [506.0632(f)], the department may not deny access to
the database to any dealer who holds a general distinguishing
number issued under this chapter or who is licensed under Chapter
2301, Occupations Code.
SECTION 21.003. Section 644.101(c), Transportation Code,
as amended by Chapters 74 (H.B. 2749) and 429 (S.B. 901), Acts of
the 87th Legislature, Regular Session, 2021, is reenacted and
amended to read as follows:
(c) A sheriff or a deputy sheriff of any of the following
counties is eligible to apply for certification under this section:
(1) a county bordering the United Mexican States;
(2) a county with a population of less than 1,000, part
of which is located within 75 miles of an international border;
(3) a county with a population of 700,000 or more;
(4) a county with a population of 400,000 or more that
borders the county in which the State Capitol is located; [or]
(5) a county with a population of less than 250,000
that:
(A) is adjacent to two counties that each have a
population of more than 1.2 million; and
(B) contains two highways that are part of the
national system of interstate and defense highways;
(6) [(5)] a county:
(A) any part of which is within 30 miles of New
Mexico; and
(B) that is adjacent to two or more counties that
generated $100 million or more in tax revenue collected under
Chapters 201 and 202, Tax Code, from oil and gas production during
the preceding state fiscal year; or
(7) [(6)] a county with a population of more than
40,000 and less than 300,000 that is adjacent to a county described
by Subdivision (4).
ARTICLE 22. CHANGES RELATING TO UTILITIES CODE
SECTION 22.001. Section 31.002(6), Utilities Code, as
amended by Chapters 255 (H.B. 1572) and 389 (S.B. 1202), Acts of the
87th Legislature, Regular Session, 2021, is reenacted and amended
to read as follows:
(6) "Electric utility" means a person or river
authority that owns or operates for compensation in this state
equipment or facilities to produce, generate, transmit,
distribute, sell, or furnish electricity in this state. The term
includes a lessee, trustee, or receiver of an electric utility and a
recreational vehicle park owner who does not comply with Subchapter
C, Chapter 184, with regard to the metered sale of electricity at
the recreational vehicle park. The term does not include:
(A) a municipal corporation;
(B) a qualifying facility;
(C) a power generation company;
(D) an exempt wholesale generator;
(E) a power marketer;
(F) a corporation described by Section 32.053 to
the extent the corporation sells electricity exclusively at
wholesale and not to the ultimate consumer;
(G) an electric cooperative;
(H) a retail electric provider;
(I) this state or an agency of this state; or
(J) a person not otherwise an electric utility
who:
(i) furnishes an electric service or
commodity only to itself, its employees, or its tenants as an
incident of employment or tenancy, if that service or commodity is
not resold to or used by others;
(ii) owns or operates in this state
equipment or facilities to produce, generate, transmit,
distribute, sell, or furnish electric energy to an electric
utility, if the equipment or facilities are used primarily to
produce and generate electric energy for consumption by that
person;
(iii) owns or operates in this state a
recreational vehicle park that provides metered electric service in
accordance with Subchapter C, Chapter 184; [or]
(iv) owns or operates equipment used solely
to provide electricity charging service for consumption by an
alternatively fueled vehicle, as defined by Section 502.004,
Transportation Code; or
(v) [(iv)] is an electric generation
equipment lessor or operator.
SECTION 22.002. Sections 33.0211(c) and (d), Utilities
Code, are amended to correct typographical errors to read as
follows:
(c) If a municipally owned utility has not transferred funds
to the defunding municipality described by Subsection (a) in the
immediately preceding 12 months, the municipally owned utility may
increase its rates to account for:
(1) pass-through charges imposed by a state regulatory
body or the independent organization certified under Section
39.151;
(2) fuel, hedging, or wholesale power cost increases;
or
(3) fulfillment of [to fulfill] debt obligations or
compliance [comply] with Chapter 1502, Government Code.
(d) A municipally owned utility that increases rates under
[this] Subsection (c) may not transfer funds to the defunding
municipality described by Subsection (a) until the date the
criminal justice division of the governor's office issues a written
determination in accordance with Section 109.005, Local Government
Code, finding that the municipality described by Subsection (a) has
reversed the reduction described by Section 109.003(1), Local
Government Code.
SECTION 22.003. (a) Section 39.002, Utilities Code, as
amended by Chapters 950 (S.B. 1580) and 908 (H.B. 4492), Acts of the
87th Legislature, Regular Session, 2021, is reenacted and amended
to read as follows:
Sec. 39.002. APPLICABILITY. This chapter, other than
Sections 39.151, 39.1516, 39.155, 39.157(e), [39.159, 39.160,]
39.161, 39.162, 39.163, 39.203, 39.904, 39.9051, 39.9052, and
39.914(e), and Subchapters M and N, does not apply to a municipally
owned utility or an electric cooperative. Sections 39.157(e),
39.203, and 39.904, however, apply only to a municipally owned
utility or an electric cooperative that is offering customer
choice. If there is a conflict between the specific provisions of
this chapter and any other provisions of this title, except for
Chapters 40 and 41, the provisions of this chapter control.
(b) Sections 39.159 and 39.160, Utilities Code, as added by
Chapter 950 (S.B. 1580), Acts of the 87th Legislature, Regular
Session, 2021, are redesignated as Sections 39.161 and 39.162,
Utilities Code, respectively.
(c) Section 39.159, Utilities Code, as added by Chapter 908
(H.B. 4492), Acts of the 87th Legislature, Regular Session, 2021,
is redesignated as Section 39.163, Utilities Code.
(d) Section 39.159, Utilities Code, as added by Chapter 73
(H.B. 2586), Acts of the 87th Legislature, Regular Session, 2021,
is redesignated as Section 39.164, Utilities Code.
(e) Section 39.159, Utilities Code, as added by Chapter 876
(S.B. 1281), Acts of the 87th Legislature, Regular Session, 2021,
is redesignated as Section 39.165, Utilities Code.
SECTION 22.004. Section 39.918(b), Utilities Code, is
amended to correct a reference to read as follows:
(b) Notwithstanding any other provision of this subtitle, a
transmission and distribution utility may:
(1) lease and operate facilities that provide
temporary emergency electric energy to aid in restoring power to
the utility's distribution customers during a widespread power
outage in which:
(A) the independent system operator has ordered
the utility to shed load; or
(B) the utility's distribution facilities are
not being fully served by the bulk power system under normal
operations; and
(2) procure, own, and operate, or enter into a
cooperative agreement with other transmission and distribution
utilities to procure, own, and operate jointly, transmission and
distribution facilities that have a lead time of at least six months
and would aid in restoring power to the utility's distribution
customers following a widespread power outage. In this section,
long lead time facilities may not be electric energy storage
equipment or facilities under Chapter 35[, Utilities Code].
ARTICLE 23. CHANGES RELATING TO REVISED STATUTES
SECTION 23.001. The following provisions are repealed to
conform to the repeal of the substance of the chapters:
(1) the heading to Chapter 18, Title 32, Revised
Statutes;
(2) the heading to Chapter 4, Title 70, Revised
Statutes; and
(3) the heading to Chapter 1, Title 71, Revised
Statutes.
ARTICLE 24. REDESIGNATIONS
SECTION 24.001. The following provisions of enacted codes
are redesignated to eliminate duplicate citations:
(1) Chapter 113, Business & Commerce Code, as added by
Chapter 561 (S.B. 398), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Chapter 115, Business & Commerce
Code, and Sections 113.001, 113.002, 113.003, 113.004, and 113.005,
Business & Commerce Code, as added by that Act, are redesignated as
Sections 115.001, 115.002, 115.003, 115.004, and 115.005, Business &
Commerce Code, respectively.
(2) Chapter 113, Business & Commerce Code, as added by
Chapter 975 (S.B. 2116), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Chapter 117, Business & Commerce
Code, and Sections 113.001, 113.002, and 113.003, Business &
Commerce Code, as added by that Act, are redesignated as Sections
117.001, 117.002, and 117.003, Business & Commerce Code,
respectively.
(3) Chapter 114, Business & Commerce Code, as added by
Chapter 305 (S.B. 911), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Chapter 118, Business & Commerce
Code, and Sections 114.0001, 114.0002, 114.0003, 114.0004, and
114.0005, Business & Commerce Code, as added by that Act, are
redesignated as Sections 118.0001, 118.0002, 118.0003, 118.0004,
and 118.0005, Business & Commerce Code, respectively.
(4) Chapter 116, Business & Commerce Code, as added by
Chapter 512 (S.B. 291), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Chapter 119, Business & Commerce
Code, and Section 116.0001, Business & Commerce Code, as added by
that Act, is redesignated as Section 119.0001, Business & Commerce
Code.
(5) Chapter 608, Business & Commerce Code, as added by
Chapter 245 (H.B. 1372), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Chapter 609, Business & Commerce
Code, and Section 608.001, Business & Commerce Code, as added by
that Act, is redesignated as Section 609.001, Business & Commerce
Code.
(6) Article 2.33, Code of Criminal Procedure, as added
by Chapter 534 (S.B. 69), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Article 2.34, Code of Criminal
Procedure.
(7) Article 2.33, Code of Criminal Procedure, as added
by Chapter 979 (S.B. 2212), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Article 2.35, Code of Criminal
Procedure.
(8) Subsection (a-1), Article 7B.001, Code of Criminal
Procedure, as added by Chapter 846 (S.B. 623), Acts of the 87th
Legislature, Regular Session, 2021, is redesignated as Subsection
(a-3), Article 7B.001, Code of Criminal Procedure.
(9) Subsection (g), Section 11.175, Education Code, as
added by Chapter 1045 (S.B. 1267), Acts of the 87th Legislature,
Regular Session, 2021, is redesignated as Subsection (h-1), Section
11.175, Education Code.
(10) Subdivision (4), Section 21.001, Education Code,
as added by Chapter 215 (H.B. 159), Acts of the 87th Legislature,
Regular Session, 2021, is redesignated as Subdivision (3-a),
Section 21.001, Education Code.
(11) Section 33.0832, Education Code, as added by
Chapter 235 (H.B. 1080), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Section 33.0833, Education Code.
(12) Subchapter E, Chapter 109, Education Code, as
added by Chapter 417 (H.B. 1522), Acts of the 87th Legislature,
Regular Session, 2021, is redesignated as Subchapter F, Chapter
109, Education Code, and Sections 109.201, 109.202, 109.203,
109.204, and 109.205, Education Code, as added by that Act, are
redesignated as Sections 109.251, 109.252, 109.253, 109.254, and
109.255, Education Code, respectively.
(13) Section 1001.1021, Education Code, as added by
Chapter 924 (H.B. 3212), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Section 1001.1022, Education
Code.
(14) Section 31.126, Election Code, as added by
Chapter 360 (S.B. 231), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Section 31.127, Election Code.
(15) Subchapter R, Chapter 403, Government Code, as
added by Chapter 659 (H.B. 1505), Acts of the 87th Legislature,
Regular Session, 2021, is redesignated as Subchapter S, Chapter
403, Government Code, and Sections 403.501, 403.502, and 403.503,
Government Code, as added by that Act, are redesignated as Sections
403.551, 403.552, and 403.553, Government Code, respectively.
(16) Section 411.184, Government Code, as added by
Chapter 1026 (H.B. 1069), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Section 411.1883, Government
Code.
(17) Subchapter J, Chapter 418, Government Code, as
added by Chapter 863 (S.B. 968), Acts of the 87th Legislature,
Regular Session, 2021, is redesignated as Subchapter I, Chapter
418, Government Code, and Sections 418.301, 418.302, 418.303,
418.304, 418.305, 418.306, and 418.307, Government Code, as added
by that Act, are redesignated as Sections 418.251, 418.252,
418.253, 418.254, 418.255, 418.256, and 418.257, Government Code,
respectively.
(18) Section 434.027, Government Code, as added by
Chapter 157 (S.B. 886), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Section 434.028, Government Code.
(19) Subchapter CC, Chapter 481, Government Code, as
added by Chapter 847 (S.B. 678), Acts of the 87th Legislature,
Regular Session, 2021, is redesignated as Subchapter EE, Chapter
481, Government Code.
(20) Subsection (f), Section 825.4092, Government
Code, as added by Chapter 511 (S.B. 288), Acts of the 87th
Legislature, Regular Session, 2021, is redesignated as Subsection
(g), Section 825.4092, Government Code.
(21) Chapter 2274, Government Code, as added by
Chapter 975 (S.B. 2116), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Chapter 2275, Government Code,
and Sections 2274.0101, 2274.0102, and 2274.0103, Government Code,
as added by that Act, are redesignated as Sections 2275.0101,
2275.0102, and 2275.0103, Government Code, respectively.
(22) Chapter 2274, Government Code, as added by
Chapter 529 (S.B. 13), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Chapter 2276, Government Code,
and Sections 2274.001 and 2274.002, Government Code, as added by
that Act, are redesignated as Sections 2276.001 and 2276.002,
respectively.
(23) Chapter 2274, Government Code, as added by
Chapter 833 (S.B. 4), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Chapter 2277, Government Code,
and Sections 2274.001, 2274.002, and 2274.003, Government Code, as
added by that Act, are redesignated as Sections 2277.001, 2277.002,
and 2277.003, respectively.
(24) Chapter 260C, Health and Safety Code, as added by
Chapter 732 (H.B. 3961), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Chapter 260D, Health and Safety
Code, and Sections 260C.001 and 260C.002, Health and Safety Code,
as added by that Act, are redesignated as Sections 260D.001 and
260D.002, respectively.
(25) Subsection (ll), Section 32.024, Human Resources
Code, as added by Chapter 966 (S.B. 1921), Acts of the 87th
Legislature, Regular Session, 2021, is redesignated as Subsection
(mm), Section 32.024, Human Resources Code.
(26) Subchapter M, Chapter 544, Insurance Code, as
added by Chapter 71 (H.B. 317), Acts of the 87th Legislature,
Regular Session, 2021, is redesignated as Subchapter N, Chapter
544, Insurance Code, and Sections 544.601, 544.602, and 544.603,
Insurance Code, as added by that Act, are redesignated as Sections
544.651, 544.652, and 544.653, Insurance Code, respectively.
(27) Subchapter L, Chapter 1369, Insurance Code, as
added by Chapter 142 (H.B. 1763), Acts of the 87th Legislature,
Regular Session, 2021, is redesignated as Subchapter M, Chapter
1369, Insurance Code, and Sections 1369.551, 1369.552, 1369.553,
1369.554, 1369.555, 1369.556, 1369.557, 1369.558, 1369.559, and
1369.560, Insurance Code, as added by that Act, are redesignated as
Sections 1369.601, 1369.602, 1369.603, 1369.604, 1369.605,
1369.606, 1369.607, 1369.608, 1369.609, and 1369.610, Insurance
Code, respectively.
(28) Section 43.004, Local Government Code, as added
by Chapter 103 (S.B. 1338), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Section 43.005, Local Government
Code.
(29) Section 180.008, Local Government Code, as added
by Chapter 685 (H.B. 2073), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Section 180.009, Local Government
Code.
(30) Section 250.011, Local Government Code, as added
by Chapter 315 (H.B. 738), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Section 250.012, Local Government
Code.
(31) Section 250.011, Local Government Code, as added
by Chapter 978 (S.B. 2188), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Section 250.013, Local Government
Code.
(32) Subsection (b), Section 153.084, Natural
Resources Code, as added by Chapter 330 (H.B. 2004), Acts of the
87th Legislature, Regular Session, 2021, is redesignated as
Subsection (b-1), Section 153.084, Natural Resources Code.
(33) Section 1701.269, Occupations Code, as added by
Chapter 708 (H.B. 2831), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Section 1701.271, Occupations
Code.
(34) Subsection (m), Section 46.15, Penal Code, as
added by Chapter 1026 (H.B. 1069), Acts of the 87th Legislature,
Regular Session, 2021, is redesignated as Subsection (r), Section
46.15, Penal Code.
(35) Subsection (m), Section 25.19, Tax Code, as added
by Chapter 209 (H.B. 2723), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Subsection (l-1), Section 25.19,
Tax Code.
(36) Subsection (b-4), Section 41.45, Tax Code, as
added by Chapter 965 (S.B. 1919), Acts of the 87th Legislature,
Regular Session, 2021, is redesignated as Subsection (b-6), Section
41.45, Tax Code.
(37) Section 201.623, Transportation Code, as added by
Chapter 898 (H.B. 3319), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Section 201.624, Transportation
Code.
(38) Section 225.190, Transportation Code, as added by
Chapter 87 (S.B. 730), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Section 225.201, Transportation
Code.
(39) Section 225.190, Transportation Code, as added by
Chapter 97 (S.B. 1124), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Section 225.202, Transportation
Code.
(40) Section 225.190, Transportation Code, as added by
Chapter 153 (H.B. 2431), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Section 225.203, Transportation
Code.
(41) Section 225.190, Transportation Code, as added by
Chapter 266 (H.B. 2167), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Section 225.204, Transportation
Code.
(42) Section 225.190, Transportation Code, as added by
Chapter 301 (S.B. 787), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Section 225.205, Transportation
Code.
(43) Section 225.190, Transportation Code, as added by
Chapter 388 (S.B. 1185), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Section 225.206, Transportation
Code.
(44) Section 225.190, Transportation Code, as added by
Chapter 447 (H.B. 532), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Section 225.207, Transportation
Code.
(45) Section 225.190, Transportation Code, as added by
Chapter 607 (S.B. 1208), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Section 225.208, Transportation
Code.
(46) Section 225.190, Transportation Code, as added by
Chapter 646 (H.B. 1115), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Section 225.209, Transportation
Code.
(47) Section 225.190, Transportation Code, as added by
Chapter 654 (H.B. 1321), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Section 225.210, Transportation
Code.
(48) Section 225.190, Transportation Code, as added by
Chapter 699 (H.B. 2521), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Section 225.211, Transportation
Code.
(49) Section 225.190, Transportation Code, as added by
Chapter 707 (H.B. 2807), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Section 225.212, Transportation
Code.
(50) Section 225.190, Transportation Code, as added by
Chapter 925 (H.B. 3324), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Section 225.213, Transportation
Code.
(51) Section 225.190, Transportation Code, as added by
Chapter 927 (H.B. 3512), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Section 225.214, Transportation
Code.
(52) Section 225.190, Transportation Code, as added by
Chapter 930 (H.B. 3630), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Section 225.215, Transportation
Code.
(53) Section 225.190, Transportation Code, as added by
Chapter 956 (S.B. 1704), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Section 225.216, Transportation
Code.
(54) Section 504.327, Transportation Code, as added by
Chapter 130 (H.B. 3401), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Section 504.328, Transportation
Code.
(55) Section 504.327, Transportation Code, as added by
Chapter 302 (S.B. 791), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Section 504.329, Transportation
Code.
(56) Section 504.327, Transportation Code, as added by
Chapter 326 (H.B. 1936), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Section 504.330, Transportation
Code.
(57) Section 504.675, Transportation Code, as added by
Chapter 286 (H.B. 4080), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Section 504.676, Transportation
Code.
(58) Section 504.675, Transportation Code, as added by
Chapter 673 (H.B. 1863), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Section 504.677, Transportation
Code.
(59) Section 504.675, Transportation Code, as added by
Chapter 870 (S.B. 1123), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Section 504.678, Transportation
Code.
(60) Section 521.013, Transportation Code, as added by
Chapter 818 (H.B. 2497), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Section 521.014, Transportation
Code.
(61) Section 35.037, Utilities Code, as added by
Chapter 426 (S.B. 3), Acts of the 87th Legislature, Regular
Session, 2021, is redesignated as Section 35.038, Utilities Code.
SECTION 24.002. The following changes are made to conform
the provisions amended to the redesignating changes made by Section
24.001 of this Act and to correct cross-references:
(1) Section 115.004, Business & Commerce Code, as
redesignated from Section 113.004, Business & Commerce Code, by
Section 24.001 of this Act, is amended to read as follows:
Sec. 115.004 [113.004]. ADDITIONAL DISCLOSURES FOR LEASE
AGREEMENTS. In addition to the disclosures required under Section
115.003 [113.003], a lessor shall provide to a leasing residential
or small commercial customer in writing:
(1) the term and rate of the lease, including any
payment escalators or other terms that affect the customer's
payments; and
(2) a statement of whether the lease and any
applicable warranty or maintenance agreement is transferable to a
subsequent purchaser of the property where the distributed
renewable generation resource is installed.
(2) Section 115.005, Business & Commerce Code, as
redesignated from Section 113.005, Business & Commerce Code, by
Section 24.001 of this Act, is amended to read as follows:
Sec. 115.005 [113.005]. DISCLOSURES FOR POWER PURCHASE
AGREEMENTS. A residential or small commercial customer who enters
into a power purchase agreement is entitled to receive in writing:
(1) the disclosures required under Sections
115.003(1) [113.003(1)], (2), (5), and (6);
(2) the term and rate of the power purchase agreement,
including any payment escalators or other terms that affect the
customer's payments; and
(3) whether the power purchase agreement and any
applicable warranty or maintenance agreement is transferable to a
subsequent purchaser of the property where the distributed
renewable generation resource is installed.
(3) Section 117.001(4), Business & Commerce Code, as
redesignated from Section 113.001(4), Business & Commerce Code, by
Section 24.001 of this Act, is amended to read as follows:
(4) "Designated country" means a country designated by
the governor as a threat to critical infrastructure under Section
117.003 [113.003].
(4) Section 118.0002, Business & Commerce Code, as
redesignated from Section 114.0002, Business & Commerce Code, by
Section 24.001 of this Act, is amended to read as follows:
Sec. 118.0002 [114.0002]. PROHIBITED ACTS. A third-party
food delivery service may not:
(1) arrange for the delivery or pickup of food or
beverages from a restaurant in this state unless the service has
filed a certificate of formation or registration with the secretary
of state;
(2) use a restaurant's mark or trade name in connection
with the service in a misleading way that suggests the restaurant
sponsors or endorses the service;
(3) add a restaurant removed from the service under
Section 118.0003 [114.0003] to the service unless the service has
received written consent from the restaurant to add the restaurant
to the service; or
(4) charge a restaurant a fee or require the
restaurant to absorb a fee in connection with the service's
arrangement of an order from that restaurant unless the restaurant
has agreed to pay or absorb the fee under an agreement that meets
the requirements of Section 118.0004 [114.0004].
(5) Section 118.0003, Business & Commerce Code, as
redesignated from Section 114.0003, Business & Commerce Code, by
Section 24.001 of this Act, is amended to read as follows:
Sec. 118.0003 [114.0003]. REQUIREMENTS FOR SERVICE. A
third-party food delivery service shall:
(1) provide a consumer a clearly identified mechanism
for the consumer to express concerns or complaints directly to the
service regarding an order arranged through the service; and
(2) remove a restaurant from the service not later
than the 10th day after the date the service receives a request from
the restaurant to be removed from the service if the service does
not have an agreement with the restaurant that meets the
requirements of Section 118.0004 [114.0004].
(6) Section 403.551, Government Code, as redesignated
from Section 403.501, Government Code, by Section 24.001 of this
Act, is amended to read as follows:
Sec. 403.551 [403.501]. DEFINITIONS. In this subchapter:
(1) "Pole replacement fund" means the broadband pole
replacement fund established under Section 403.552 [403.502].
(2) "Pole replacement program" means the Texas
Broadband Pole Replacement Program established under Section
403.553 [403.503].
(7) Section 403.552(c), Government Code, as
redesignated from Section 403.502(c), Government Code, by Section
24.001 of this Act, is amended to read as follows:
(c) Money deposited to the credit of the pole replacement
fund may be used only for the purpose of supporting the pole
replacement program under Section 403.553 [403.503], including the
costs of program administration and operation. Money in the pole
replacement fund must be used in a manner consistent with federal
law.
(8) Section 403.553(q), Government Code, as
redesignated from Section 403.503(q), Government Code, by Section
24.001 of this Act, is amended to read as follows:
(q) Not later than one year after the date that the amount
transferred to the pole replacement fund under Section 403.552(b)
[403.502(b)] is exhausted, the comptroller shall identify,
examine, and report on the deployment of broadband infrastructure
and technology facilitated by the pole reimbursements the
comptroller has awarded.
(9) Section 418.253, Government Code, as redesignated
from Section 418.303, Government Code, by Section 24.001 of this
Act, is amended to read as follows:
Sec. 418.253 [418.303]. EMERGENCY ASSISTANCE REGISTRY
ACCESS. The division shall authorize the following persons to
access the emergency assistance registry to assist medically
fragile individuals during an event described by Section 418.255
[418.305]:
(1) the commission;
(2) the department;
(3) first responders;
(4) local governments; and
(5) local health departments.
(10) Section 418.254, Government Code, as
redesignated from Section 418.304, Government Code, by Section
24.001 of this Act, is amended to read as follows:
Sec. 418.254 [418.304]. REQUIRED WELLNESS CHECK. The
division shall collaborate with the persons authorized to access
the emergency assistance registry under Section 418.253 [418.303]
and with applicable municipalities and counties to ensure that a
wellness check is conducted on each medically fragile individual
listed in the emergency assistance registry and located in an area
that experiences an event described by Section 418.255 [418.305] to
ensure the individual has:
(1) continuity of care; and
(2) the ability to continue using electrically powered
medical equipment, if applicable.
(11) Section 432.175, Government Code, is amended to
read as follows:
Sec. 432.175. PROTECTIVE ORDER. In accordance with
Article 7B.001(a-3) [7B.001(a-1)], Code of Criminal Procedure, and
with the consent of the person who is the victim of an offense under
Section 22.011, 22.012, or 22.021, Penal Code, alleged to have been
committed by a person subject to this chapter, the coordinator may
file an application for a protective order under Subchapter A,
Chapter 7B, Code of Criminal Procedure, on behalf of the victim.
(12) Section 2275.0101(4), Government Code, as
redesignated from Section 2274.0101(4), Government Code, by
Section 24.001 of this Act, is amended to read as follows:
(4) "Designated country" means a country designated by
the governor as a threat to critical infrastructure under Section
2275.0103 [2274.0103].
(13) Section 2277.003, Government Code, as
redesignated from Section 2274.003, Government Code, by Section
24.001 of this Act, is amended to read as follows:
Sec. 2277.003 [2274.003]. STRICT ADHERENCE TO DEFAULT
PROVISION. (a) A governmental entity that enters into an
agreement with a professional sports team shall strictly adhere to
the default provision required by Section 2277.002(2)
[2274.002(2)].
(b) If a governmental entity fails to timely adhere to the
default provision required under Section 2277.002(2)
[2274.002(2)], the attorney general may intervene to enforce the
provision.
(14) Section 179.051(a), Local Government Code, is
amended to read as follows:
(a) A municipality or county to which this chapter applies
and that employs or supervises first responders may not adopt or
enforce an ordinance, order, or other measure that generally
prohibits a first responder who holds a license to carry a handgun
under Subchapter H, Chapter 411, Government Code, an unexpired
certificate of completion from the department under Section
411.1883(d) [411.184(d)], Government Code, and the required
liability policy under Section 179.053 from:
(1) carrying a concealed or holstered handgun while on
duty; or
(2) storing a handgun on the premises of or in a
vehicle owned or leased by the municipality or county if the handgun
is secured with a device approved by the department under Section
411.1883(f) [411.184(f)], Government Code.
(15) Section 179.052(a), Local Government Code, is
amended to read as follows:
(a) A municipal or county department or private entity that
employs or supervises first responders providing services for a
municipality or county to which this chapter applies may adopt a
policy authorizing a first responder who is employed or supervised
by the municipal or county department or private entity and who
holds a license to carry a handgun under Subchapter H, Chapter 411,
Government Code, an unexpired certificate of completion from the
department under Section 411.1883(d) [411.184(d)], Government
Code, and the required liability policy under Section 179.053 to:
(1) carry a concealed or holstered handgun while on
duty; or
(2) store a handgun on the premises of or in a vehicle
owned or leased by the applicable municipality or county, or by the
private entity if the handgun is secured with a device approved by
the department under Section 411.1883(f) [411.184(f)], Government
Code.
(16) Section 179.054, Local Government Code, is
amended to read as follows:
Sec. 179.054. STORAGE OF HANDGUN. (a) A first responder
who enters a location where carrying a handgun is prohibited by
federal law or otherwise shall use a device approved by the
department under Section 411.1883(f) [411.184(f)], Government
Code, to secure and store the handgun.
(b) A first responder is responsible for procuring the
device approved by the department under Section 411.1883(f)
[411.184(f)], Government Code, or for reimbursing the first
responder's employer or supervisor for the use of a device provided
by the employer or supervisor.
(17) Section 250.011, Local Government Code, as added
by Chapter 305 (S.B. 911), Acts of the 87th Legislature, Regular
Session, 2021, is amended to read as follows:
Sec. 250.011. THIRD-PARTY FOOD DELIVERY SERVICES. (a) In
this section, "third-party food delivery service" has the meaning
assigned by Section 118.0001 [114.0001], Business & Commerce Code.
(b) Notwithstanding any other law, a municipality or county
may not adopt or enforce an ordinance or regulation to the extent
that the ordinance or regulation affects the terms of agreements
between third-party food delivery services and restaurants that
meet the requirements of Section 118.0004(a) [114.0004(a)],
Business & Commerce Code.
(18) Section 30.06(f-1), Penal Code, is amended to
read as follows:
(f-1) It is a defense to prosecution under this section that
the license holder is a first responder, as defined by Section
46.01, who:
(1) holds an unexpired certificate of completion under
Section 411.1883 [411.184], Government Code, at the time of
engaging in the applicable conduct;
(2) was engaged in the actual discharge of the first
responder's duties while carrying the handgun; and
(3) was employed or supervised by a municipality or
county to which Chapter 179, Local Government Code, applies.
(19) Section 30.07(g-1), Penal Code, is amended to
read as follows:
(g-1) It is a defense to prosecution under this section that
the license holder is a first responder, as defined by Section
46.01, who:
(1) holds an unexpired certificate of completion under
Section 411.1883 [411.184], Government Code, at the time of
engaging in the applicable conduct;
(2) was engaged in the actual discharge of the first
responder's duties while carrying the handgun; and
(3) was employed or supervised by a municipality or
county to which Chapter 179, Local Government Code, applies.
(20) Subsection (r), Section 46.15, Penal Code, as
redesignated from Subsection (m), Section 46.15, Penal Code, by
Section 24.001 of this Act, is amended to read as follows:
(r) [(m)] Sections 46.02 and[,] 46.03[, and 46.035(b) and
(c)] do not apply to a first responder who:
(1) was carrying a handgun in a concealed manner or in
a shoulder or belt holster;
(2) holds an unexpired certificate of completion under
Section 411.1883 [411.184], Government Code, at the time of
engaging in the applicable conduct;
(3) was engaged in the actual discharge of the first
responder's duties while carrying the handgun; and
(4) was employed or supervised by a municipality or
county to which Chapter 179, Local Government Code, applies.
(21) Section 504.202(e-1), Transportation Code, is
amended to read as follows:
(e-1) Other than license plates issued under Subsection
(h), license plates issued under this section may include, on
request:
(1) the emblem of the veteran's branch of service; or
(2) one emblem from another license plate to which the
person is entitled under Section 504.308, 504.309, 504.310(b),
504.311, 504.312, 504.313, 504.3135, 504.314, 504.315, 504.316,
504.3161, 504.318, 504.319, 504.320, 504.323, 504.325, [or]
504.327, 504.328, or 504.330.
ARTICLE 25. EFFECTIVE DATE
SECTION 25.001. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4595 was passed by the House on May 2,
2023, by the following vote: Yeas 138, Nays 6, 3 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 4595 on May 19, 2023, by the following vote: Yeas 142, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4595 was passed by the Senate, with
amendments, on May 17, 2023, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor