Texas 2025 - 89th Regular

Texas Senate Bill SB2375 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R7943 JSC-D
2	2	By: Johnson S.B. No. 2375
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to nonsubstantive additions to, revisions of, and
10	10	corrections in enacted codes, to the nonsubstantive codification or
11	11	disposition of various laws omitted from enacted codes, and to
12	12	conforming codifications enacted by the 88th Legislature to other
13	13	Acts of that legislature.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	ARTICLE 1. GENERAL PROVISIONS
16	16	SECTION 1.001. This Act is enacted as part of the state's
17	17	continuing statutory revision program under Chapter 323,
18	18	Government Code. This Act is a revision for purposes of Section 43,
19	19	Article III, Texas Constitution, and has the purposes of:
20	20	(1) codifying without substantive change or providing
21	21	for other appropriate disposition of various statutes that were
22	22	omitted from enacted codes;
23	23	(2) conforming codifications enacted by the 88th
24	24	Legislature to other Acts of that legislature that amended the laws
25	25	codified or added new law to subject matter codified;
26	26	(3) revising without substantive change provisions in
27	27	enacted codes;
28	28	(4) making necessary corrections to enacted codes; and
29	29	(5) renumbering or otherwise redesignating titles,
30	30	chapters, and sections of codes that duplicate title, chapter, or
31	31	section designations.
32	32	SECTION 1.002. (a) The repeal of a statute by this Act does
33	33	not affect an amendment, revision, or reenactment of the statute by
34	34	the 89th Legislature, Regular Session, 2025. The amendment,
35	35	revision, or reenactment is preserved and given effect as part of
36	36	the code provision that revised the statute so amended, revised, or
37	37	reenacted.
38	38	(b) If any provision of this Act conflicts with a statute
39	39	enacted by the 89th Legislature, Regular Session, 2025, the statute
40	40	controls.
41	41	SECTION 1.003. (a) A transition or saving provision of a
42	42	law codified by this Act applies to the codified law to the same
43	43	extent as it applied to the original law.
44	44	(b) The repeal of a transition or saving provision by this
45	45	Act does not affect the application of the provision to the codified
46	46	law.
47	47	(c) In this section, "transition provision" includes any
48	48	temporary provision providing for a special situation in the
49	49	transition period between the existing law and the establishment or
50	50	implementation of the new law.
51	51	SECTION 1.004. (a) The repeal of a law, including a
52	52	validating law, by this Act does not remove, void, or otherwise
53	53	affect in any manner a validation under the repealed law. The
54	54	validation is preserved and continues to have the same effect that
55	55	it would have if the law were not repealed.
56	56	(b) Subsection (a) of this section does not diminish the
57	57	saving provisions prescribed by Section 311.031, Government Code.
58	58	ARTICLE 2. CHANGES RELATING TO AGRICULTURE CODE
59	59	SECTION 2.001. Section 251.002(1), Agriculture Code, as
60	60	amended by Chapters 135 (H.B. 2308), 319 (H.B. 1750), 586 (H.B.
61	61	2947), and 711 (H.B. 2271), Acts of the 88th Legislature, Regular
62	62	Session, 2023, is reenacted and amended to read as follows:
63	63	(1) "Agricultural operation" includes the following
64	64	activities:
65	65	(A) cultivating the soil;
66	66	(B) producing crops or growing vegetation for
67	67	human food, animal feed, livestock forage, forage for wildlife
68	68	management, planting seed, or fiber;
69	69	(C) floriculture;
70	70	(D) viticulture;
71	71	(E) horticulture;
72	72	(F) silviculture;
73	73	(G) wildlife management;
74	74	(H) raising or keeping livestock or poultry,
75	75	including veterinary services;
76	76	(I) planting cover crops or leaving land idle for
77	77	the purpose of participating in any governmental program or normal
78	78	crop or livestock rotation procedure; [and]
79	79	(J) the commercial sale of animals, as defined by
80	80	Section 252.001 of this code; and
81	81	(K) [(J)] aquaculture.
82	82	ARTICLE 3. CHANGES RELATING TO BUSINESS & COMMERCE CODE
83	83	SECTION 3.001. Section 109.005(a), Business & Commerce
84	84	Code, is amended to correct a reference to read as follows:
85	85	(a) A business entity may not publish any criminal record
86	86	information in the business entity's possession with respect to
87	87	which the business entity has knowledge or has received notice
88	88	that:
89	89	(1) an order of expunction has been issued under
90	90	Subchapter E or F, Chapter 55A [Article 55A.201], Code of Criminal
91	91	Procedure; or
92	92	(2) an order of nondisclosure of criminal history
93	93	record information has been issued under Subchapter E-1, Chapter
94	94	411, Government Code.
95	95	ARTICLE 4. CHANGES RELATING TO CIVIL PRACTICE AND REMEDIES CODE
96	96	SECTION 4.001. Section 14A.001(1), Civil Practice and
97	97	Remedies Code, as added by Chapter 203 (S.B. 1180), Acts of the 88th
98	98	Legislature, Regular Session, 2023, is repealed as duplicative of
99	99	Section 14A.001(1), Civil Practice and Remedies Code, as added by
100	100	Chapter 351 (S.B. 1179), Acts of the 88th Legislature, Regular
101	101	Session, 2023.
102	102	SECTION 4.002. Section 14A.054(f), Civil Practice and
103	103	Remedies Code, as added by Chapter 203 (S.B. 1180), Acts of the 88th
104	104	Legislature, Regular Session, 2023, is repealed as duplicative of
105	105	Section 14A.054(f), Civil Practice and Remedies Code, as added by
106	106	Chapter 351 (S.B. 1179), Acts of the 88th Legislature, Regular
107	107	Session, 2023.
108	108	SECTION 4.003. Section 78B.001(1), Civil Practice and
109	109	Remedies Code, is amended to conform to Chapter 765 (H.B. 4504),
110	110	Acts of the 88th Legislature, Regular Session, 2023, to read as
111	111	follows:
112	112	(1) "First responder" means a law enforcement, fire
113	113	protection, or emergency medical services employee, volunteer, or
114	114	agency, including:
115	115	(A) a peace officer, as defined by Article 2A.001
116	116	[2.12], Code of Criminal Procedure;
117	117	(B) fire protection personnel, as defined by
118	118	Section 419.021, Government Code;
119	119	(C) a volunteer firefighter who is:
120	120	(i) certified by the Texas Commission on
121	121	Fire Protection or by the State Firefighters' and Fire Marshals'
122	122	Association of Texas; or
123	123	(ii) a member of an organized volunteer
124	124	firefighting unit that provides firefighting services without
125	125	compensation and conducts a minimum of two drills each month, each
126	126	two hours long;
127	127	(D) an individual certified as emergency medical
128	128	services personnel by the Department of State Health Services; and
129	129	(E) an agency of this state or a political
130	130	subdivision of this state authorized by law to employ or supervise
131	131	personnel described by Paragraphs (A)-(D).
132	132	SECTION 4.004. Section 82.009(a), Civil Practice and
133	133	Remedies Code, is amended to conform to Chapter 709 (H.B. 2190),
134	134	Acts of the 88th Legislature, Regular Session, 2023, to read as
135	135	follows:
136	136	(a) In this section, "retrofit" means to install new
137	137	equipment or component parts that were not included in a motor
138	138	vehicle when the vehicle was manufactured or sold. The term does
139	139	not include:
140	140	(1) routine maintenance; or
141	141	(2) repairs to the vehicle:
142	142	(A) as a result of wear and tear; or
143	143	(B) required by damage resulting from a collision
144	144	[an accident] or other cause.
145	145	ARTICLE 5. CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE
146	146	SECTION 5.001. (a) Article 2A.001, Code of Criminal
147	147	Procedure, is amended to conform to Section 2, Chapter 624 (H.B.
148	148	4372), Section 1, Chapter 870 (H.B. 3981), Section 1, Chapter 950
149	149	(S.B. 1727), and Section 1, Chapter 984 (S.B. 2612), Acts of the
150	150	88th Legislature, Regular Session, 2023, to read as follows:
151	151	Art. 2A.001. PEACE OFFICERS GENERALLY. The following are
152	152	peace officers:
153	153	(1) a sheriff, a sheriff's deputy, or a reserve deputy
154	154	sheriff who holds a permanent peace officer license issued under
155	155	Chapter 1701, Occupations Code;
156	156	(2) a constable, a deputy constable, or a reserve
157	157	deputy constable who holds a permanent peace officer license issued
158	158	under Chapter 1701, Occupations Code;
159	159	(3) a marshal or police officer of a municipality or a
160	160	reserve municipal police officer who holds a permanent peace
161	161	officer license issued under Chapter 1701, Occupations Code;
162	162	(4) a ranger, officer, or member of the reserve
163	163	officer corps commissioned by the Public Safety Commission and the
164	164	director of the Department of Public Safety;
165	165	(5) an investigator of a district attorney's, criminal
166	166	district attorney's, or county attorney's office;
167	167	(6) a law enforcement agent of the Texas Alcoholic
168	168	Beverage Commission;
169	169	(7) a member of an arson investigating unit
170	170	commissioned by a municipality, a county, or the state;
171	171	(8) an officer commissioned under Section 37.081 or
172	172	37.0818, Education Code, or Subchapter E, Chapter 51, Education
173	173	Code;
174	174	(9) an officer commissioned by the Texas Facilities
175	175	Commission;
176	176	(10) a law enforcement officer commissioned by the
177	177	Parks and Wildlife Commission;
178	178	(11) an officer commissioned under Chapter 23,
179	179	Transportation Code;
180	180	(12) a municipal park and recreational patrol officer
181	181	or security officer;
182	182	(13) a security officer or investigator commissioned
183	183	as a peace officer by the comptroller;
184	184	(14) an officer commissioned by a water control and
185	185	improvement district under Section 49.216, Water Code;
186	186	(15) an officer commissioned by a board of trustees
187	187	under Chapter 54, Transportation Code;
188	188	(16) an investigator commissioned by the Texas Medical
189	189	Board;
190	190	(17) an officer commissioned by:
191	191	(A) the board of managers of the Dallas County
192	192	Hospital District, the Tarrant County Hospital District, the Bexar
193	193	County Hospital District, or the El Paso County Hospital District
194	194	under Section 281.057, Health and Safety Code;
195	195	(B) the board of directors of the Ector County
196	196	Hospital District under Section 1024.117, Special District Local
197	197	Laws Code;
198	198	(C) the board of directors of the Midland County
199	199	Hospital District of Midland County, Texas, under Section 1061.121,
200	200	Special District Local Laws Code; or
201	201	(D) the board of hospital managers of the Lubbock
202	202	County Hospital District of Lubbock County, Texas, under Section
203	203	1053.113, Special District Local Laws Code;
204	204	(18) a county park ranger commissioned under
205	205	Subchapter E, Chapter 351, Local Government Code;
206	206	(19) an investigator employed by the Texas Racing
207	207	Commission;
208	208	(20) an officer commissioned under Chapter 554,
209	209	Occupations Code;
210	210	(21) an officer commissioned by the governing body of
211	211	a metropolitan rapid transit authority under Section 451.108,
212	212	Transportation Code, or a regional transportation authority under
213	213	Section 452.110, Transportation Code;
214	214	(22) an investigator commissioned by the attorney
215	215	general under Section 402.009, Government Code;
216	216	(23) a security officer or investigator commissioned
217	217	as a peace officer under Chapter 466, Government Code;
218	218	(24) an officer appointed by an appellate court under
219	219	Subchapter F, Chapter 53, Government Code;
220	220	(25) an officer commissioned by the state fire marshal
221	221	under Chapter 417, Government Code;
222	222	(26) an investigator commissioned by the commissioner
223	223	of insurance under Section 701.104, Insurance Code;
224	224	(27) an officer appointed by the inspector general of
225	225	[apprehension specialist or inspector general commissioned by] the
226	226	Texas Juvenile Justice Department [as an officer] under Section
227	227	242.102 [or 243.052], Human Resources Code;
228	228	(28) an officer appointed by the inspector general of
229	229	the Texas Department of Criminal Justice under Section 493.019,
230	230	Government Code;
231	231	(29) an investigator commissioned by the Texas
232	232	Commission on Law Enforcement under Section 1701.160, Occupations
233	233	Code;
234	234	(30) a fire marshal or any related officer, inspector,
235	235	or investigator commissioned by a county under Subchapter B,
236	236	Chapter 352, Local Government Code;
237	237	(31) a fire marshal or any officer, inspector, or
238	238	investigator commissioned by an emergency services district under
239	239	Chapter 775, Health and Safety Code;
240	240	(32) a fire marshal or any officer, inspector, or
241	241	investigator of a municipality who holds a permanent peace officer
242	242	license issued under Chapter 1701, Occupations Code;
243	243	(33) an officer commissioned by the State Board of
244	244	Dental Examiners under Section 254.013, Occupations Code, subject
245	245	to the limitations imposed by that section; and
246	246	(34) [(33)] an Alamo complex ranger commissioned by
247	247	the General Land Office under Section 31.0515, Natural Resources
248	248	Code, subject to the limitations imposed by that section
249	249	[investigator commissioned by the Texas Juvenile Justice
250	250	Department as an officer under Section 221.011, Human Resources
251	251	Code].
252	252	(b) Section 2, Chapter 624 (H.B. 4372), Section 1, Chapter
253	253	870 (H.B. 3981), Section 1, Chapter 950 (S.B. 1727), and Section 1,
254	254	Chapter 984 (S.B. 2612), Acts of the 88th Legislature, Regular
255	255	Session, 2023, which amended Article 2.12, Code of Criminal
256	256	Procedure, are repealed.
257	257	SECTION 5.002. (a) Article 2A.002, Code of Criminal
258	258	Procedure, is amended to conform to Section 1, Chapter 196 (S.B.
259	259	602), Acts of the 88th Legislature, Regular Session, 2023, by
260	260	adding Subsection (c-1) to read as follows:
261	261	(c-1) In addition to the power granted under Subsection (c),
262	262	a border patrol agent of the United States Customs and Border
263	263	Protection who completed the training program described by Section
264	264	411.02093, Government Code, has the powers of arrest and search and
265	265	seizure as to any felony offense under the laws of this state if the
266	266	arrest, search, or seizure:
267	267	(1) occurs on the premises of a port facility
268	268	designated by the commissioner of the United States Customs and
269	269	Border Protection as a port of entry or at a border patrol traffic
270	270	checkpoint; and
271	271	(2) is incident to a detainment under federal law.
272	272	(b) Section 1, Chapter 196 (S.B. 602), Acts of the 88th
273	273	Legislature, Regular Session, 2023, which amended Article 2.122,
274	274	Code of Criminal Procedure, is repealed.
275	275	SECTION 5.003. (a) Article 2A.051, Code of Criminal
276	276	Procedure, is amended to conform to Section 2, Chapter 729 (H.B.
277	277	2660), and Section 1, Chapter 979 (S.B. 2429), Acts of the 88th
278	278	Legislature, Regular Session, 2023, to read as follows:
279	279	Art. 2A.051. GENERAL POWERS AND DUTIES OF PEACE OFFICERS.
280	280	Each peace officer shall:
281	281	(1) preserve the peace within the officer's
282	282	jurisdiction using all lawful means;
283	283	(2) in every case authorized by this code, interfere
284	284	without a warrant to prevent or suppress crime;
285	285	(3) execute all lawful process issued to the officer
286	286	by a magistrate or court;
287	287	(4) give notice to an appropriate magistrate of all
288	288	offenses committed in the officer's jurisdiction, where the officer
289	289	has good reason to believe there has been a violation of the penal
290	290	law;
291	291	(5) when authorized by law, arrest an offender without
292	292	a warrant so the offender may be taken before the proper magistrate
293	293	or court and be tried;
294	294	(6) take possession of a child under Article
295	295	63.00905(g) [63.009(g)]; and
296	296	(7) on a request made by the Texas Civil Commitment
297	297	Office, execute an emergency detention order issued by that office
298	298	under Section 841.0837, Health and Safety Code.
299	299	(b) Section 2, Chapter 729 (H.B. 2660), and Section 1,
300	300	Chapter 979 (S.B. 2429), Acts of the 88th Legislature, Regular
301	301	Session, 2023, which amended Article 2.13(c), Code of Criminal
302	302	Procedure, are repealed.
303	303	SECTION 5.004. Article 2.1398, Code of Criminal Procedure,
304	304	as added by Section 3, Chapter 24 (S.B. 1325), Acts of the 88th
305	305	Legislature, Regular Session, 2023, is transferred to Subchapter B,
306	306	Chapter 2A, Code of Criminal Procedure, and redesignated as Article
307	307	2A.0585, Code of Criminal Procedure.
308	308	SECTION 5.005. (a) Article 2A.151, Code of Criminal
309	309	Procedure, is amended to conform to Section 4.001, Chapter 861
310	310	(H.B. 3474), Acts of the 88th Legislature, Regular Session, 2023,
311	311	to read as follows:
312	312	Art. 2A.151. TYPES OF MAGISTRATES. The following officers
313	313	are magistrates for purposes of this code:
314	314	(1) a justice of the supreme court;
315	315	(2) a judge of the court of criminal appeals;
316	316	(3) a justice of the courts of appeals;
317	317	(4) a judge of a district court;
318	318	(5) an associate judge appointed by:
319	319	(A) a judge of a district court or a statutory
320	320	county court that gives preference to criminal cases in Jefferson
321	321	County;
322	322	(B) a judge of a district court or a statutory
323	323	county court of Brazos County, Nueces County, or Williamson County;
324	324	or
325	325	(C) a judge of a district court under Chapter
326	326	54A, Government Code;
327	327	(6) a criminal magistrate appointed by:
328	328	(A) the Brazoria County Commissioners Court; or
329	329	(B) the Burnet County Commissioners Court;
330	330	(7) a criminal law hearing officer for:
331	331	(A) Harris County appointed under Subchapter L,
332	332	Chapter 54, Government Code; or
333	333	(B) Cameron County appointed under Subchapter
334	334	BB, Chapter 54, Government Code;
335	335	(8) a magistrate appointed:
336	336	(A) by a judge of a district court of Bexar
337	337	County, Dallas County, or Tarrant County that gives preference to
338	338	criminal cases;
339	339	(B) by a judge of a criminal district court of
340	340	Dallas County or Tarrant County;
341	341	(C) by a judge of a district court or statutory
342	342	county court of Denton or Grayson County;
343	343	(D) by a judge of a district court or statutory
344	344	county court that gives preference to criminal cases in Travis
345	345	County;
346	346	(E) [(D)] by the El Paso Council of Judges;
347	347	(F) [(E)] by the Fort Bend County Commissioners
348	348	Court;
349	349	(G) [(F)] by the Collin County Commissioners
350	350	Court; or
351	351	(H) [(G)] under Subchapter JJ, Chapter 54,
352	352	Government Code;
353	353	(9) a magistrate or associate judge appointed by a
354	354	judge of a district court of Lubbock County, Nolan County, or Webb
355	355	County;
356	356	(10) a county judge;
357	357	(11) a judge of:
358	358	(A) a statutory county court;
359	359	(B) a county criminal court; or
360	360	(C) a statutory probate court;
361	361	(12) an associate judge appointed by a judge of a
362	362	statutory probate court under Chapter 54A, Government Code;
363	363	(13) a justice of the peace; and
364	364	(14) a mayor or recorder of a municipality or a judge
365	365	of a municipal court.
366	366	(b) Section 4.001, Chapter 861 (H.B. 3474), Acts of the 88th
367	367	Legislature, Regular Session, 2023, which amended Article 2.09,
368	368	Code of Criminal Procedure, is repealed.
369	369	SECTION 5.006. Article 2.101, Code of Criminal Procedure,
370	370	as added by Section 1, Chapter 421 (H.B. 1712), Acts of the 88th
371	371	Legislature, Regular Session, 2023, is transferred to Subchapter D,
372	372	Chapter 2A, Code of Criminal Procedure, and redesignated as Article
373	373	2A.1521, Code of Criminal Procedure.
374	374	SECTION 5.007. (a) Article 2A.155(d), Code of Criminal
375	375	Procedure, is amended to conform to Section 7, Chapter 644 (H.B.
376	376	4559), Acts of the 88th Legislature, Regular Session, 2023, to read
377	377	as follows:
378	378	(d) Before a clerk in a county with a population of less than
379	379	2.5 [two] million disposes of an eligible exhibit, the clerk must
380	380	provide written notice by mail to the attorney representing the
381	381	state in the case and the attorney representing the defendant. The
382	382	notice must:
383	383	(1) describe the exhibit;
384	384	(2) include the name and address of the court holding
385	385	the exhibit; and
386	386	(3) state that the exhibit will be disposed of unless a
387	387	written request is received by the clerk before the 31st day after
388	388	the date of notice.
389	389	(b) Section 7, Chapter 644 (H.B. 4559), Acts of the 88th
390	390	Legislature, Regular Session, 2023, which amended Article 2.21(g),
391	391	Code of Criminal Procedure, is repealed.
392	392	SECTION 5.008. (a) Article 2A.205, Code of Criminal
393	393	Procedure, is amended to conform to Section 4.01, Chapter 93 (S.B.
394	394	1527), Acts of the 88th Legislature, Regular Session, 2023, to read
395	395	as follows:
396	396	Art. 2A.205. CERTAIN LAW ENFORCEMENT AGENCIES: REPORT
397	397	CONCERNING HUMAN TRAFFICKING CASES. (a) This article applies only
398	398	to:
399	399	(1) a municipal police department, sheriff's
400	400	department, or constable's office[, county attorney's office,
401	401	district attorney's office, and criminal district attorney's
402	402	office, as applicable,] in a county with a population of more than
403	403	50,000; and
404	404	(2) the Department of Public Safety.
405	405	(b) An entity to which this article applies that
406	406	investigates the alleged commission of an offense under Chapter
407	407	20A, Penal Code, or the alleged commission of an offense under
408	408	Chapter 43, Penal Code, that may involve human trafficking, shall
409	409	submit to the attorney general [a report] in the manner and form
410	410	prescribed by the attorney general a report containing the
411	411	following information:
412	412	(1) the offense being investigated, including the
413	413	offense code designated by the Department of Public Safety under
414	414	Article 66.052 [a brief description of the alleged prohibited
415	415	conduct];
416	416	(2) regarding each person suspected of committing the
417	417	offense [and each victim of the offense, as applicable]:
418	418	(A) the person's:
419	419	(i) full name [age];
420	420	(ii) gender; [and]
421	421	(iii) race or ethnicity, as defined by
422	422	Article 2B.0051;
423	423	(iv) country of origin, if the person is not
424	424	a United States citizen or legal permanent resident;
425	425	(v) date of birth; and
426	426	(vi) age at the time of the offense, if
427	427	available; and
428	428	(B) the case number associated with the person
429	429	and the offense [and with the person suspected of committing the
430	430	offense];
431	431	(3) the date[, time,] and location of the alleged
432	432	offense, including the city and county;
433	433	(4) [the type of human trafficking involved,
434	434	including:
435	435	[(A) forced labor or services, as defined by
436	436	Section 20A.01, Penal Code;
437	437	[(B) causing the victim by force, fraud, or
438	438	coercion to engage in prohibited conduct involving one or more
439	439	sexual activities, including conduct described by Section
440	440	20A.02(a)(3), Penal Code; or
441	441	[(C) causing a child victim by any means to
442	442	engage in, or become the victim of, prohibited conduct involving
443	443	one or more sexual activities, including conduct described by
444	444	Section 20A.02(a)(7), Penal Code;
445	445	[(5) if available, information regarding any victims'
446	446	service organization or program to which the victim was referred as
447	447	part of the investigation; and
448	448	[(6)] the disposition of the investigation, if any,
449	449	regardless of the manner of disposition; and
450	450	(5) regarding the victim of the offense:
451	451	(A) the victim's:
452	452	(i) age;
453	453	(ii) gender;
454	454	(iii) race or ethnicity, as defined by
455	455	Article 2B.0051; and
456	456	(iv) country of origin, if the victim is not
457	457	a United States citizen or legal permanent resident; and
458	458	(B) if available, information regarding any
459	459	victims' service organization or program to which the victim was
460	460	referred as part of the investigation.
461	461	(c) An entity described by Subsection (a) that does not have
462	462	any investigations or offenses required to be reported under this
463	463	article during a period specified by the attorney general shall
464	464	submit to the attorney general a notice stating there are no cases
465	465	to report, in the manner and form prescribed by the attorney
466	466	general [An attorney representing the state who prosecutes the
467	467	alleged commission of an offense under Chapter 20A, Penal Code, or
468	468	the alleged commission of an offense under Chapter 43, Penal Code,
469	469	that may involve human trafficking, shall submit to the attorney
470	470	general the following information:
471	471	[(1) the offense being prosecuted, including a brief
472	472	description of the alleged prohibited conduct;
473	473	[(2) any other charged offense that is part of the same
474	474	criminal episode out of which the offense described by Subdivision
475	475	(1) arose;
476	476	[(3) the information described by Subsections (b)(2),
477	477	(3), (4), and (5); and
478	478	[(4) the disposition of the prosecution, regardless of
479	479	the manner of disposition].
480	480	(d) The attorney general may enter into a contract with a
481	481	university or organization to assist with [that provides for the
482	482	university's assistance in] the collection and analysis of
483	483	information received under this article. The attorney general
484	484	shall ensure that all sensitive information is properly protected.
485	485	(e) Information described by Subsections (b)(2)(A)(i) and
486	486	(v) and (b)(2)(B) is not subject to disclosure under Chapter 552,
487	487	Government Code.
488	488	(f) In consultation with the entities described by
489	489	Subsection (a), the attorney general shall adopt rules to
490	490	administer this article, including rules prescribing:
491	491	(1) the form and manner of submission of a report or
492	492	notice required by Subsection (b) or (c); and
493	493	(2) additional information to include in a report or
494	494	notice required by Subsection (b) or (c).
495	495	(b) Section 4.01, Chapter 93 (S.B. 1527), Acts of the 88th
496	496	Legislature, Regular Session, 2023, which amended Article 2.305,
497	497	Code of Criminal Procedure, is repealed.
498	498	SECTION 5.009. Article 2A.209(a)(1), Code of Criminal
499	499	Procedure, is amended to conform to Chapter 765 (H.B. 4504), Acts of
500	500	the 88th Legislature, Regular Session, 2023, to read as follows:
501	501	(1) "Attorney representing the state" means an
502	502	attorney authorized by law to represent the state in a criminal
503	503	case, including a district attorney, criminal district attorney, or
504	504	county attorney with criminal jurisdiction. The term does not
505	505	include an attorney representing the state in a justice or
506	506	municipal court under Chapter 45A [45].
507	507	SECTION 5.010. Article 7B.003(b), Code of Criminal
508	508	Procedure, is amended to conform to Chapter 955 (S.B. 194), Acts of
509	509	the 86th Legislature, Regular Session, 2019, to read as follows:
510	510	(b) If the court finds that there are reasonable grounds to
511	511	believe that the applicant is the victim of sexual assault or abuse,
512	512	indecent assault, stalking, or trafficking, the court shall issue a
513	513	protective order that includes a statement of the required
514	514	findings.
515	515	SECTION 5.011. (a) Article 13A.554, Code of Criminal
516	516	Procedure, is amended to conform to Chapter 351 (S.B. 1179), Acts of
517	517	the 88th Legislature, Regular Session, 2023, to read as follows:
518	518	Art. 13A.554. FELONY OFFENSE COMMITTED BY CIVILLY COMMITTED
519	519	[FAILURE TO COMPLY WITH] SEXUALLY VIOLENT PREDATOR [CIVIL
520	520	COMMITMENT REQUIREMENT]. A felony [An] offense committed by a
521	521	person civilly committed under Chapter 841 [Section 841.085],
522	522	Health and Safety Code, may be prosecuted in:
523	523	(1) any county in which an element of the offense
524	524	occurs; or
525	525	(2) the court that retains jurisdiction over the civil
526	526	commitment proceeding under Section 841.082, Health and Safety
527	527	Code.
528	528	(b) Section 7, Chapter 351 (S.B. 1179), Acts of the 88th
529	529	Legislature, Regular Session, 2023, which amended Article 13.315,
530	530	Code of Criminal Procedure, is repealed.
531	531	SECTION 5.012. Article 17.50(a)(3), Code of Criminal
532	532	Procedure, is amended to conform to Chapter 221 (H.B. 375), Acts of
533	533	the 87th Legislature, Regular Session, 2021, to read as follows:
534	534	(3) "Violent offense" means:
535	535	(A) an offense under the following sections of
536	536	the Penal Code:
537	537	(i) Section 19.02 (murder);
538	538	(ii) Section 19.03 (capital murder);
539	539	(iii) Section 20.03 (kidnapping);
540	540	(iv) Section 20.04 (aggravated
541	541	kidnapping);
542	542	(v) Section 21.11 (indecency with a child);
543	543	(vi) Section 22.011 (sexual assault);
544	544	(vii) Section 22.02 (aggravated assault);
545	545	(viii) Section 22.021 (aggravated sexual
546	546	assault);
547	547	(ix) Section 22.04 (injury to a child,
548	548	elderly individual, or disabled individual);
549	549	(x) Section 29.03 (aggravated robbery);
550	550	(xi) Section 21.02 (continuous sexual abuse
551	551	of young child or disabled individual [children]); or
552	552	(xii) Section 20A.03 (continuous
553	553	trafficking of persons); or
554	554	(B) any offense involving family violence, as
555	555	defined by Section 71.004, Family Code.
556	556	SECTION 5.013. Article 18B.001(1), Code of Criminal
557	557	Procedure, as amended by Chapters 901 (H.B. 4906) and 950 (S.B.
558	558	1727), Acts of the 88th Legislature, Regular Session, 2023, is
559	559	reenacted and amended to read as follows:
560	560	(1) "Authorized peace officer" means:
561	561	(A) a sheriff or deputy sheriff;
562	562	(B) a constable or deputy constable;
563	563	(C) a marshal or police officer of a
564	564	municipality;
565	565	(D) a ranger or officer commissioned by the
566	566	Public Safety Commission or the director of the department;
567	567	(E) an investigator of a prosecutor's office;
568	568	(F) a law enforcement agent of the Texas
569	569	Alcoholic Beverage Commission;
570	570	(G) a law enforcement officer commissioned by the
571	571	Parks and Wildlife Commission;
572	572	(H) an enforcement officer appointed by the
573	573	inspector general of the Texas Department of Criminal Justice under
574	574	Section 493.019, Government Code;
575	575	(I) a law enforcement officer appointed by the
576	576	inspector general of the Texas Juvenile Justice Department under
577	577	Section 242.102, Human Resources Code;
578	578	(J) an investigator commissioned by the attorney
579	579	general under Section 402.009, Government Code;
580	580	(K) a member of an arson investigating unit
581	581	commissioned by a municipality, a county, or the state; or
582	582	(L) [(K)] a peace officer commissioned under
583	583	Section 37.081 or 51.203, Education Code.
584	584	SECTION 5.014. (a) Article 45A.101(f), Code of Criminal
585	585	Procedure, is amended to conform to Section 9, Chapter 644 (H.B.
586	586	4559), Acts of the 88th Legislature, Regular Session, 2023, to read
587	587	as follows:
588	588	(f) In a county with a population of more than 2.5 [two]
589	589	million that does not have a county attorney, a complaint for an
590	590	offense under Section 32.41, Penal Code, must be approved by the
591	591	district attorney, regardless of whether a collection proceeding is
592	592	initiated by the district attorney under Subsection (e) of that
593	593	section.
594	594	(b) Section 9, Chapter 644 (H.B. 4559), Acts of the 88th
595	595	Legislature, Regular Session, 2023, which amended Article
596	596	45.019(g), Code of Criminal Procedure, is repealed.
597	597	SECTION 5.015. (a) Article 45A.104(d), Code of Criminal
598	598	Procedure, is amended to conform to Section 8, Chapter 644 (H.B.
599	599	4559), Acts of the 88th Legislature, Regular Session, 2023, to read
600	600	as follows:
601	601	(d) In a county with a population of more than 2.5 [two]
602	602	million that does not have a county attorney, a justice or judge may
603	603	not issue a warrant under this article for an offense under Section
604	604	32.41, Penal Code, unless the district attorney has approved the
605	605	complaint or affidavit on which the warrant is based.
606	606	(b) Section 8, Chapter 644 (H.B. 4559), Acts of the 88th
607	607	Legislature, Regular Session, 2023, which amended Article
608	608	45.014(d), Code of Criminal Procedure, is repealed.
609	609	SECTION 5.016. (a) Article 45A.158, Code of Criminal
610	610	Procedure, is amended to conform to Section 1, Chapter 697 (H.B.
611	611	1603), Acts of the 88th Legislature, Regular Session, 2023, and
612	612	Chapter 765 (H.B. 4504), Acts of the 88th Legislature, Regular
613	613	Session, 2023, to read as follows:
614	614	Art. 45A.158. ATTORNEY REPRESENTING STATE NOT PRESENT FOR
615	615	TRIAL. (a) If an attorney representing the state is not present
616	616	when the case is called for trial, the justice or judge may:
617	617	(1) postpone the trial to a specified date;
618	618	(2) temporarily appoint any competent attorney to
619	619	perform duties as an attorney representing [pro tem as provided by
620	620	this code to represent] the state, notwithstanding Article 2A.104;
621	621	or
622	622	(3) proceed to trial.
623	623	(b) An attorney appointed under Subsection (a) is qualified
624	624	to perform the duties of the office of the attorney representing the
625	625	state and may be paid a reasonable fee for performing those duties.
626	626	(b) Section 1, Chapter 697 (H.B. 1603), Acts of the 88th
627	627	Legislature, Regular Session, 2023, which amended Article 45.031,
628	628	Code of Criminal Procedure, is repealed.
629	629	SECTION 5.017. (a) Article 45A.251, Code of Criminal
630	630	Procedure, is amended to conform to Section 4, Chapter 525 (H.B.
631	631	3186), Acts of the 88th Legislature, Regular Session, 2023, by
632	632	adding Subsection (a-1) to read as follows:
633	633	(a-1) In a case involving a child who is eligible for
634	634	diversion under Article 45A.504 that results in a trial, if the
635	635	court determines that the evidence presented in a bench trial would
636	636	support a finding of guilt, or if a jury returns a verdict of
637	637	guilty, the court shall provide the child and the child's parents
638	638	the opportunity to accept placement in diversion, under Article
639	639	45A.510, instead of entering an adjudication of guilt. If the child
640	640	and the child's parents accept the opportunity for placement in
641	641	diversion under Article 45A.510, the court shall place the child in
642	642	diversion. If the child and the child's parents decline the
643	643	opportunity for placement in diversion under Article 45A.510, the
644	644	court shall find the child guilty and proceed to sentencing.
645	645	(b) Article 45A.253(b), Code of Criminal Procedure, is
646	646	amended to conform to Section 4, Chapter 525 (H.B. 3186), Acts of
647	647	the 88th Legislature, Regular Session, 2023, to read as follows:
648	648	(b) If a diversion is not required under Subchapter K or
649	649	Article 45A.251(a-1), a [A] judge shall [may] allow a defendant who
650	650	is a child, as defined by Article 45A.453(a), to elect at the time
651	651	of conviction, as defined by Section 133.101, Local Government
652	652	Code, to discharge the fine and costs by:
653	653	(1) performing community service or receiving
654	654	tutoring under Article 45A.460, regardless of whether the
655	655	applicable offense occurred at a location specified by Subsection
656	656	(a) of that article; or
657	657	(2) paying the fine and costs in a manner described by
658	658	Article 45A.251(b).
659	659	(c) Section 4, Chapter 525 (H.B. 3186), Acts of the 88th
660	660	Legislature, Regular Session, 2023, which amended Article 45.041,
661	661	Code of Criminal Procedure, is repealed.
662	662	SECTION 5.018. (a) Articles 45A.254(g) and (i), Code of
663	663	Criminal Procedure, are amended to conform to Section 5, Chapter
664	664	525 (H.B. 3186), Acts of the 88th Legislature, Regular Session,
665	665	2023, to read as follows:
666	666	(g) A community supervision and corrections department, a
667	667	local juvenile probation department, or a court-related services
668	668	office may provide the administrative and other services necessary
669	669	to supervise a defendant required to perform community service
670	670	under this article.
671	671	(i) A sheriff, employee of a sheriff's department, county
672	672	commissioner, county employee, county judge, justice of the peace,
673	673	municipal court judge, or officer or employee of a political
674	674	subdivision other than a county or an entity that accepts a
675	675	defendant to perform community service under this article or
676	676	Subchapter K is not liable for damages arising from an act or
677	677	failure to act in connection with the community service if the act
678	678	or failure to act:
679	679	(1) was performed pursuant to court order; and
680	680	(2) was not intentional, wilfully or wantonly
681	681	negligent, or performed with conscious indifference or reckless
682	682	disregard for the safety of others.
683	683	(b) Section 5, Chapter 525 (H.B. 3186), Acts of the 88th
684	684	Legislature, Regular Session, 2023, which amended Articles
685	685	45.049(f) and (i), Code of Criminal Procedure, is repealed.
686	686	SECTION 5.019. (a) Article 45A.259(i), Code of Criminal
687	687	Procedure, is amended to conform to Section 1, Chapter 425 (H.B.
688	688	1819), Acts of the 88th Legislature, Regular Session, 2023, to read
689	689	as follows:
690	690	(i) This article does not limit the authority of a court to
691	691	order a child taken into custody under Article 45A.453 [or
692	692	45A.455].
693	693	(b) Section 1, Chapter 425 (H.B. 1819), Acts of the 88th
694	694	Legislature, Regular Session, 2023, which amended Article
695	695	45.045(c), Code of Criminal Procedure, is repealed.
696	696	SECTION 5.020. (a) Articles 45A.303(b) and (c), Code of
697	697	Criminal Procedure, are amended to conform to Section 4, Chapter
698	698	1021 (H.B. 5183), Acts of the 88th Legislature, Regular Session,
699	699	2023, to read as follows:
700	700	(b) During the deferral period, the judge may require the
701	701	defendant to:
702	702	(1) secure payment of the fine by posting a bond in the
703	703	amount of the fine assessed as punishment for the offense;
704	704	(2) pay restitution to the victim of the offense in an
705	705	amount not to exceed the amount of the fine assessed as punishment
706	706	for the offense;
707	707	(3) submit to professional counseling;
708	708	(4) submit to diagnostic testing for alcohol or a
709	709	controlled substance or drug;
710	710	(5) submit to a psychosocial assessment;
711	711	(6) successfully complete an alcohol awareness or
712	712	substance misuse [drug abuse] treatment or education program, such
713	713	as:
714	714	(A) a substance misuse [drug] education program
715	715	that is designed to educate persons on the dangers of substance
716	716	misuse [drug abuse] in accordance with Section 521.374(a)(1),
717	717	Transportation Code, and that is regulated by the Texas Department
718	718	of Licensing and Regulation under Chapter 171, Government Code; or
719	719	(B) an alcohol awareness program described by
720	720	Section 106.115, Alcoholic Beverage Code, that is regulated by the
721	721	Texas Department of Licensing and Regulation under Chapter 171,
722	722	Government Code;
723	723	(7) pay the costs of any diagnostic testing,
724	724	psychosocial assessment, or treatment or education program
725	725	participation as reimbursement fees:
726	726	(A) directly; or
727	727	(B) through the court as court costs;
728	728	(8) complete a driving safety course approved under
729	729	Chapter 1001, Education Code, or another course as directed by the
730	730	judge;
731	731	(9) present to the court satisfactory evidence that
732	732	the defendant has complied with each requirement imposed by the
733	733	judge under this subchapter; and
734	734	(10) comply with any other reasonable condition.
735	735	(c) A judge who requires a defendant to successfully
736	736	complete an alcohol awareness program or substance misuse [drug]
737	737	education program as described by Subsection (b)(6) shall require
738	738	the defendant to pay a reimbursement fee for the cost of the
739	739	program, unless the judge determines that the defendant is indigent
740	740	and unable to pay the cost.
741	741	(b) Section 4, Chapter 1021 (H.B. 5183), Acts of the 88th
742	742	Legislature, Regular Session, 2023, which amended Articles
743	743	45.051(b) and (g), Code of Criminal Procedure, is repealed.
744	744	SECTION 5.021. (a) Article 45A.403, Code of Criminal
745	745	Procedure, is amended to conform to Section 1, Chapter 749 (H.B.
746	746	3917), Acts of the 88th Legislature, Regular Session, 2023, to read
747	747	as follows:
748	748	Art. 45A.403. DISMISSAL OF PARENT CONTRIBUTING TO
749	749	NONATTENDANCE CHARGE. (a) Subject to Subsection (b) and
750	750	notwithstanding [Notwithstanding] any other law, a county,
751	751	justice, or municipal court may dismiss a charge against a
752	752	defendant alleging the defendant committed an offense under Section
753	753	25.093, Education Code, if the court finds that a dismissal would be
754	754	in the interest of justice because:
755	755	(1) there is a low likelihood of recidivism by the
756	756	defendant; or
757	757	(2) sufficient justification exists for the failure of
758	758	the defendant's child to attend school.
759	759	(b) Notwithstanding any other law, a county, justice, or
760	760	municipal court shall dismiss a charge against a defendant alleging
761	761	the defendant committed an offense under Section 25.093, Education
762	762	Code, if the parent completes the terms of an agreement entered into
763	763	by the parent and the school district at which the parent's child
764	764	attends under Section 25.094, Education Code, within the period
765	765	required by Subsection (b) of that section. If agreed to by the
766	766	school district that is a party to the agreement, the court may
767	767	extend the period under Section 25.094(b), Education Code, during
768	768	which a parent may fulfill the terms of the agreement.
769	769	(b) Section 1, Chapter 749 (H.B. 3917), Acts of the 88th
770	770	Legislature, Regular Session, 2023, which amended Article 45.0531,
771	771	Code of Criminal Procedure, is repealed.
772	772	SECTION 5.022. (a) The heading to Subchapter J, Chapter
773	773	45A, Code of Criminal Procedure, is amended to conform to Sections
774	774	6, 7, and 8, Chapter 525 (H.B. 3186), Acts of the 88th Legislature,
775	775	Regular Session, 2023, to read as follows:
776	776	SUBCHAPTER J. CASES INVOLVING CHILDREN [JUVENILES]
777	777	(b) Articles 45A.451(a), (b), (c), (d), (e), (f), (h), and
778	778	(i), Code of Criminal Procedure, are amended to conform to Sections
779	779	6, 7, and 8, Chapter 525 (H.B. 3186), Acts of the 88th Legislature,
780	780	Regular Session, 2023, to read as follows:
781	781	(a) On approval of the commissioners court, governing body
782	782	of a municipality, school district board of trustees, juvenile
783	783	board, or other appropriate authority, a county court, justice
784	784	court, municipal court, school district, juvenile probation
785	785	department, or other appropriate governmental entity may:
786	786	(1) employ a juvenile case manager or contract for a
787	787	juvenile case manager to provide services:
788	788	(A) in cases involving:
789	789	(i) youth diversion under Subchapter K; or
790	790	(ii) children [juvenile offenders] who are
791	791	before a court consistent with the court's statutory powers; or
792	792	(B) to a child [juvenile] who is referred to a
793	793	court by a school administrator or designee for misconduct that
794	794	would otherwise be within the court's statutory powers before a
795	795	case is filed, with the consent of the child [juvenile] and the
796	796	child's [juvenile's] parents or guardians;
797	797	(2) employ or contract for the services of one or more
798	798	juvenile case managers who:
799	799	(A) shall assist the court in administering the
800	800	court's juvenile docket and in supervising the court's orders in
801	801	juvenile cases; and
802	802	(B) may provide:
803	803	(i) prevention services to a child
804	804	considered at risk of entering the juvenile justice system; and
805	805	(ii) youth diversion [intervention]
806	806	services to a child [juvenile] engaged in misconduct, excluding
807	807	traffic offenses, if a case has not yet been filed with respect to
808	808	the misconduct; or
809	809	(3) agree in accordance with Chapter 791, Government
810	810	Code, with any appropriate governmental entity to jointly employ a
811	811	juvenile case manager, jointly contract for juvenile case manager
812	812	services, or [to] jointly contribute to the costs of a juvenile case
813	813	manager or juvenile case manager [employed by one governmental
814	814	entity to provide] services described by Subdivisions (1) and (2).
815	815	(b) A local entity may apply or more than one local entity
816	816	may jointly apply to the criminal justice division of the
817	817	governor's office for reimbursement of all or part of the costs of
818	818	employing one or more juvenile case managers or contracting for
819	819	juvenile case manager services from funds appropriated to the
820	820	governor's office or otherwise available for purposes of youth
821	821	diversion [that purpose].
822	822	(c) To be eligible for reimbursement under Subsection (b),
823	823	the entity applying must present to the governor's office a
824	824	comprehensive plan to reduce juvenile offenses in the entity's
825	825	jurisdiction and a youth diversion plan under Article 45A.506. The
826	826	plan must address the role of the juvenile case manager in that
827	827	effort.
828	828	(d) An entity that jointly employs a juvenile case manager,
829	829	jointly contracts for juvenile case manager services, or jointly
830	830	contributes to the costs of a juvenile case manager or juvenile case
831	831	manager services under Subsection (a)(3) employs a juvenile case
832	832	manager for purposes of Chapter 102.
833	833	(e) The court or governing body may pay, from the local
834	834	youth [truancy prevention and] diversion fund established under
835	835	Section 134.156, Local Government Code:
836	836	(1) the salary and benefits of a juvenile case
837	837	manager; [and]
838	838	(2) the costs of contracting for juvenile case manager
839	839	services; and
840	840	(3) the costs of training, travel, office supplies,
841	841	and other necessary expenses relating to the position of the
842	842	juvenile case manager and juvenile case manager services.
843	843	(f) A juvenile case manager [employed under Subsection
844	844	(a-1)] shall give priority to cases brought under Section 25.093,
845	845	Education Code, Chapter 65, Family Code, and youth diversion under
846	846	Subchapter K of this chapter.
847	847	(h) A [The employing] court or governmental entity under
848	848	this article shall implement the rules adopted under Subsection
849	849	(g).
850	850	(i) The commissioners court or governing body of the
851	851	municipality that administers a local youth [truancy prevention
852	852	and] diversion fund under Section 134.156, Local Government Code,
853	853	shall require periodic review of juvenile case managers to ensure
854	854	the implementation of the rules adopted under Subsection (g).
855	855	(c) Article 45A.451(g), Code of Criminal Procedure, is
856	856	amended to conform to Chapter 1033 (S.B. 24), Acts of the 88th
857	857	Legislature, Regular Session, 2023, and Sections 6, 7, and 8,
858	858	Chapter 525 (H.B. 3186), Acts of the 88th Legislature, Regular
859	859	Session, 2023, to read as follows:
860	860	(g) The governing body of the employing governmental entity
861	861	under Subsection (a) shall adopt reasonable rules for juvenile case
862	862	managers that provide for:
863	863	(1) a code of ethics and the enforcement of the code of
864	864	ethics;
865	865	(2) appropriate educational preservice and in-service
866	866	training standards for juvenile case managers; and
867	867	(3) training in:
868	868	(A) the role of the juvenile case manager;
869	869	(B) case planning and management;
870	870	(C) applicable procedural and substantive law;
871	871	(D) courtroom proceedings and presentation;
872	872	(E) services for [to] at-risk youth under
873	873	Subchapter D, Chapter 137 [264], Human Resources [Family] Code;
874	874	(F) local programs and services for children
875	875	[juveniles] and methods by which children [juveniles] may access
876	876	those programs and services; and
877	877	(G) detecting and preventing abuse,
878	878	exploitation, and neglect of children [juveniles].
879	879	(d) Article 45A.451(a-1), Code of Criminal Procedure, is
880	880	repealed to conform to the reenactment of Article 45.056(c), Code
881	881	of Criminal Procedure, by Section 7, Chapter 525 (H.B. 3186), Acts
882	882	of the 88th Legislature, Regular Session, 2023.
883	883	(e) Sections 6, 7, and 8, Chapter 525 (H.B. 3186), Acts of
884	884	the 88th Legislature, Regular Session, 2023, which amended Article
885	885	45.056, Code of Criminal Procedure, are repealed.
886	886	SECTION 5.023. (a) Article 45A.452(a), Code of Criminal
887	887	Procedure, is amended to conform to Section 3, Chapter 525 (H.B.
888	888	3186), Acts of the 88th Legislature, Regular Session, 2023, to read
889	889	as follows:
890	890	(a) Subject to the requirements of Subchapter K, this [This]
891	891	article applies to a defendant who has not had the disabilities of
892	892	minority removed and has been:
893	893	(1) charged with an offense other than an offense
894	894	under Section 43.261, Penal Code, if the defendant is younger than
895	895	17 years of age; or
896	896	(2) charged with an offense under Section 43.261,
897	897	Penal Code, if the defendant is younger than 18 years of age.
898	898	(b) Section 3, Chapter 525 (H.B. 3186), Acts of the 88th
899	899	Legislature, Regular Session, 2023, which amended Article
900	900	45.0215(a), Code of Criminal Procedure, is repealed.
901	901	SECTION 5.024. Article 45A.455, Code of Criminal Procedure,
902	902	is repealed to conform to the repeal of Article 45.059, Code of
903	903	Criminal Procedure, by Section 8, Chapter 425 (H.B. 1819), Acts of
904	904	the 88th Legislature, Regular Session, 2023.
905	905	SECTION 5.025. (a) Article 45A.456(a), Code of Criminal
906	906	Procedure, is amended to conform to Section 2, Chapter 425 (H.B.
907	907	1819), Acts of the 88th Legislature, Regular Session, 2023, to read
908	908	as follows:
909	909	(a) Except as provided by Articles 45A.453 and [,] 45A.454,
910	910	[and 45A.455,] an individual may not be taken into secured custody
911	911	for offenses alleged to have occurred before the individual's 17th
912	912	birthday.
913	913	(b) Section 2, Chapter 425 (H.B. 1819), Acts of the 88th
914	914	Legislature, Regular Session, 2023, which amended Article
915	915	45.060(a), Code of Criminal Procedure, is repealed.
916	916	SECTION 5.026. (a) Article 45A.457(b), Code of Criminal
917	917	Procedure, is amended to conform to Section 7, Chapter 1033 (S.B.
918	918	24), Acts of the 88th Legislature, Regular Session, 2023, to read as
919	919	follows:
920	920	(b) On a finding by a justice or municipal court that a child
921	921	committed an offense that the court has jurisdiction of under
922	922	Article 4.11 or 4.14, the court has jurisdiction to enter an order:
923	923	(1) referring the child or the child's parent for
924	924	services under Section 137.152, Human Resources Code [264.302,
925	925	Family Code];
926	926	(2) requiring that the child attend a special program
927	927	that the court determines to be in the best interest of the child
928	928	and, if the program involves the expenditure of municipal or county
929	929	funds, that is approved by the governing body of the municipality or
930	930	county commissioners court, as applicable, including a program for:
931	931	(A) rehabilitation;
932	932	(B) counseling;
933	933	(C) self-esteem and leadership;
934	934	(D) work and job skills training;
935	935	(E) job interviewing and work preparation;
936	936	(F) self-improvement;
937	937	(G) parenting;
938	938	(H) manners;
939	939	(I) violence avoidance;
940	940	(J) tutoring;
941	941	(K) sensitivity training;
942	942	(L) parental responsibility;
943	943	(M) community service;
944	944	(N) restitution;
945	945	(O) advocacy; or
946	946	(P) mentoring; or
947	947	(3) requiring that the child's parent perform any act
948	948	or refrain from performing any act as the court determines will
949	949	increase the likelihood that the child will comply with the orders
950	950	of the court and that is reasonable and necessary for the welfare of
951	951	the child, including:
952	952	(A) attend a parenting class or parental
953	953	responsibility program; and
954	954	(B) attend the child's school classes or
955	955	functions.
956	956	(b) Section 7, Chapter 1033 (S.B. 24), Acts of the 88th
957	957	Legislature, Regular Session, 2023, which amended Article
958	958	45.057(b), Code of Criminal Procedure, is repealed.
959	959	SECTION 5.027. (a) Chapter 45A, Code of Criminal
960	960	Procedure, is amended to conform to Section 2, Chapter 525 (H.B.
961	961	3186), Acts of the 88th Legislature, Regular Session, 2023, and
962	962	Chapter 1033 (S.B. 24), Acts of the 88th Legislature, Regular
963	963	Session, 2023, by adding Subchapter K to read as follows:
964	964	SUBCHAPTER K. YOUTH DIVERSION
965	965	Art. 45A.501. DEFINITIONS. In this subchapter:
966	966	(1) "Charge" means a formal or informal allegation of
967	967	an offense, including a citation, written promise to appear,
968	968	complaint, or pending complaint.
969	969	(2) "Child" has the meaning assigned by Article
970	970	45A.453(a).
971	971	(3) "Court" means a justice court, municipal court, or
972	972	other court subject to this chapter.
973	973	(4) "Diversion" means an intervention strategy that
974	974	redirects a child from formal criminal prosecution and holds the
975	975	child accountable for the child's actions. The term includes
976	976	diversion under Article 45A.509 or 45A.510.
977	977	(5) "Offense" means a misdemeanor punishable by fine
978	978	only, other than a traffic offense.
979	979	(6) "Parent" has the meaning assigned by Article
980	980	45A.457(a).
981	981	(7) "Service provider" means a governmental agency,
982	982	political subdivision, open-enrollment charter school, nonprofit
983	983	organization, or other entity that provides services to children or
984	984	families.
985	985	(8) "Youth diversion plan" means a plan adopted under
986	986	Article 45A.506.
987	987	Art. 45A.502. APPLICABILITY. This subchapter applies only
988	988	to a child who is alleged to have engaged in conduct that
989	989	constitutes a misdemeanor punishable by fine only, other than a
990	990	traffic offense.
991	991	Art. 45A.503. TRANSFER TO JUVENILE COURT NOT AFFECTED.
992	992	Nothing in this subchapter precludes:
993	993	(1) a case involving a child from being referred,
994	994	adjudicated, or disposed of as conduct indicating a need for
995	995	supervision under Title 3, Family Code; or
996	996	(2) a waiver of criminal jurisdiction and transfer of
997	997	a child's case as provided by Section 51.08, Family Code.
998	998	Art. 45A.504. DIVERSION ELIGIBILITY. (a) Except as
999	999	otherwise provided by this subchapter, a child shall be diverted
1000	1000	from formal criminal prosecution as provided by this subchapter.
1001	1001	(b) A child is eligible to enter into a diversion agreement
1002	1002	under this subchapter only once every 365 days.
1003	1003	(c) A child is not eligible for diversion if the child has
1004	1004	previously had an unsuccessful diversion under this subchapter.
1005	1005	(d) A child is not eligible for diversion if a diversion is
1006	1006	objected to by the attorney representing the state.
1007	1007	(e) A court may not divert a child from criminal prosecution
1008	1008	as provided by this subchapter without the written consent of the
1009	1009	child and the child's parent.
1010	1010	Art. 45A.505. DIVERSION STRATEGIES. (a) Diversion
1011	1011	strategies include:
1012	1012	(1) requiring a child to participate in a program,
1013	1013	including:
1014	1014	(A) a court-approved teen court program operated
1015	1015	by a service provider;
1016	1016	(B) a school-related program;
1017	1017	(C) an educational program, including an alcohol
1018	1018	awareness program, a tobacco awareness program, or a drug education
1019	1019	program;
1020	1020	(D) a rehabilitation program; or
1021	1021	(E) a self-improvement program, including a
1022	1022	program relating to self-esteem, leadership, self-responsibility,
1023	1023	empathy, parenting, parental responsibility, manners, violence
1024	1024	avoidance, anger management, life skills, wellness, or dispute
1025	1025	resolution;
1026	1026	(2) referring a child to a service provider for
1027	1027	services, including:
1028	1028	(A) at-risk youth services under Subchapter D,
1029	1029	Chapter 137, Human Resources Code;
1030	1030	(B) juvenile case manager services under Article
1031	1031	45A.451;
1032	1032	(C) work and job skills training, including job
1033	1033	interviewing and work preparation;
1034	1034	(D) academic monitoring or tutoring, including
1035	1035	preparation for a high school equivalency examination administered
1036	1036	under Section 7.111, Education Code;
1037	1037	(E) community-based services;
1038	1038	(F) mental health screening and clinical
1039	1039	assessment;
1040	1040	(G) counseling, including private or in-school
1041	1041	counseling; or
1042	1042	(H) mentoring services;
1043	1043	(3) requiring a child to:
1044	1044	(A) participate in mediation or other dispute
1045	1045	resolution processes;
1046	1046	(B) submit to alcohol or drug testing; or
1047	1047	(C) substantially comply with a course of
1048	1048	treatment prescribed by a physician or other licensed medical or
1049	1049	mental health professional; and
1050	1050	(4) requiring a child, by court order, to:
1051	1051	(A) pay restitution not to exceed $100 for an
1052	1052	offense against property under Title 7, Penal Code;
1053	1053	(B) perform not more than 20 hours of community
1054	1054	service; or
1055	1055	(C) perform any other reasonable action
1056	1056	determined by the court.
1057	1057	(b) A diversion strategy may be imposed under:
1058	1058	(1) an intermediate diversion under Article 45A.509;
1059	1059	(2) a diversion by a justice or judge under Article
1060	1060	45A.510; or
1061	1061	(3) a system of graduated sanctions for certain school
1062	1062	offenses under Section 37.144, Education Code.
1063	1063	(c) A diversion strategy under this subchapter may not
1064	1064	require a child who is a home-schooled student, as defined by
1065	1065	Section 29.916, Education Code, to:
1066	1066	(1) attend an elementary or secondary school; or
1067	1067	(2) use an educational curriculum other than the
1068	1068	curriculum selected by the parent.
1069	1069	Art. 45A.506. YOUTH DIVERSION PLAN. (a) A youth diversion
1070	1070	plan is a written plan that describes the types of strategies that
1071	1071	will be used to implement youth diversion. A youth diversion plan
1072	1072	does not limit the types of diversion strategies that may be imposed
1073	1073	under a diversion agreement under Article 45A.508.
1074	1074	(b) Each justice and municipal court shall adopt a youth
1075	1075	diversion plan.
1076	1076	(c) A youth diversion plan may be devised for a county or
1077	1077	municipality or an individual court within a county or
1078	1078	municipality.
1079	1079	(d) In accordance with Chapter 791, Government Code, a local
1080	1080	government may enter into an agreement with one or more local
1081	1081	governments to create a regional youth diversion plan and
1082	1082	collaborate in the implementation of this subchapter.
1083	1083	(e) A youth diversion plan may include an agreement with a
1084	1084	service provider to provide services for a diversion strategy.
1085	1085	(f) A youth diversion plan may contain guidelines for
1086	1086	disposition or diversion of a child's case by law enforcement. The
1087	1087	guidelines are not mandatory.
1088	1088	(g) A current youth diversion plan must be maintained on
1089	1089	file for public inspection in each justice and municipal court,
1090	1090	including courts that collaborate with one or more counties or
1091	1091	municipalities.
1092	1092	(h) A court or local government may adopt rules necessary to
1093	1093	coordinate services under a youth diversion plan or to implement
1094	1094	this subchapter.
1095	1095	Art. 45A.507. YOUTH DIVERSION COORDINATOR. (a) A court may
1096	1096	designate a youth diversion coordinator to assist the court in:
1097	1097	(1) determining whether a child is eligible for
1098	1098	diversion;
1099	1099	(2) employing a diversion strategy authorized by this
1100	1100	subchapter;
1101	1101	(3) presenting and maintaining diversion agreements;
1102	1102	(4) monitoring diversions;
1103	1103	(5) maintaining records regarding whether one or more
1104	1104	diversions were successful or unsuccessful; and
1105	1105	(6) coordinating referrals to court.
1106	1106	(b) The responsibilities of the youth diversion coordinator
1107	1107	may be performed by:
1108	1108	(1) a court administrator or court clerk, or a person
1109	1109	who regularly performs the duties of court administrator or court
1110	1110	clerk;
1111	1111	(2) an individual or entity that provides juvenile
1112	1112	case manager services under Article 45A.451;
1113	1113	(3) a court-related services office;
1114	1114	(4) a community supervision and corrections
1115	1115	department, including a juvenile probation department;
1116	1116	(5) a county or municipal employee, including a peace
1117	1117	officer;
1118	1118	(6) a community volunteer;
1119	1119	(7) an institution of higher education, including a
1120	1120	public, private, or independent institution of higher education; or
1121	1121	(8) a qualified nonprofit organization as determined
1122	1122	by the court.
1123	1123	Art. 45A.508. DIVERSION AGREEMENT. (a) A diversion
1124	1124	agreement must identify the parties to the agreement and the
1125	1125	responsibilities of the child and the child's parent to ensure
1126	1126	their meaningful participation in a diversion under Article 45A.509
1127	1127	or 45A.510.
1128	1128	(b) Stated objectives in a diversion agreement must be
1129	1129	measurable, realistic, and reasonable and consider the
1130	1130	circumstances of the child, the best interests of the child, and the
1131	1131	long-term safety of the community.
1132	1132	(c) A diversion agreement must include:
1133	1133	(1) the terms of the agreement, including one or more
1134	1134	diversions required to be completed by the child, written in a clear
1135	1135	and concise manner and identifying any offense or charge being
1136	1136	diverted;
1137	1137	(2) possible outcomes or consequences of a successful
1138	1138	diversion and an unsuccessful diversion;
1139	1139	(3) an explanation that participation in a diversion
1140	1140	is not an admission of guilt and a guilty plea is not required to
1141	1141	participate in a diversion;
1142	1142	(4) an explanation of the process that will be used for
1143	1143	reviewing and monitoring compliance with the terms of the
1144	1144	agreement;
1145	1145	(5) the period of the diversion;
1146	1146	(6) a verification that:
1147	1147	(A) the child and the child's parent were
1148	1148	notified of the child's rights, including the right to refuse
1149	1149	diversion; and
1150	1150	(B) the child knowingly and voluntarily consents
1151	1151	to participate in the diversion; and
1152	1152	(7) written acknowledgment and acceptance of the
1153	1153	agreement by the child and the child's parent.
1154	1154	(d) The terms of an agreement may vary depending on the
1155	1155	circumstances of the child, including the child's age and ability,
1156	1156	the charge being diverted, or the diversion strategy used.
1157	1157	(e) A charge may not be filed against a child or, if filed,
1158	1158	shall be dismissed by the court if the child:
1159	1159	(1) does not contest the charge;
1160	1160	(2) is eligible for diversion under Article 45A.504;
1161	1161	and
1162	1162	(3) accepts the terms of the agreement.
1163	1163	(f) Entering into a diversion agreement under this article
1164	1164	extends the court's jurisdiction for the term of the agreement.
1165	1165	(g) On entering into a diversion agreement, a copy of the
1166	1166	agreement shall be provided to the child and the child's parent, the
1167	1167	clerk of the court, a youth diversion coordinator, and any person
1168	1168	specified by the youth diversion plan.
1169	1169	Art. 45A.509. INTERMEDIATE DIVERSION. (a) If provided by a
1170	1170	youth diversion plan, a youth diversion coordinator or juvenile
1171	1171	case manager shall advise the child and the child's parent before a
1172	1172	case is filed that the case may be diverted under this article for a
1173	1173	reasonable period not to exceed 180 days if:
1174	1174	(1) the child is eligible for diversion under Article
1175	1175	45A.504;
1176	1176	(2) diversion is in the best interests of the child and
1177	1177	promotes the long-term safety of the community;
1178	1178	(3) the child and the child's parent consent to
1179	1179	diversion with the knowledge that diversion is optional; and
1180	1180	(4) the child and the child's parent are informed that
1181	1181	they may terminate the diversion at any time and, if terminated, the
1182	1182	case will be referred to court.
1183	1183	(b) The terms of a diversion agreement under this article
1184	1184	must be in writing and may include any of the diversion strategies
1185	1185	under Article 45A.505.
1186	1186	(c) The case of a child who successfully complies with the
1187	1187	terms of a diversion agreement under this article shall be closed
1188	1188	and reported as successful to the court.
1189	1189	(d) A child who does not comply with the terms of a diversion
1190	1190	agreement under this article shall be referred to court under
1191	1191	Article 45A.511.
1192	1192	Art. 45A.510. DIVERSION BY JUSTICE OR JUDGE. (a) If a
1193	1193	charge involving a child who is eligible for diversion is filed with
1194	1194	a court, a justice or judge shall divert the case under this article
1195	1195	as follows:
1196	1196	(1) if the child does not contest the charge, a justice
1197	1197	or judge shall divert the case under this article without the child
1198	1198	having to enter a plea; or
1199	1199	(2) if the child contests the charge, a justice or
1200	1200	judge shall divert the case under this article at the conclusion of
1201	1201	trial on a finding of guilt without entering a judgment of
1202	1202	conviction as provided by Article 45A.251.
1203	1203	(b) A diversion under this article may not exceed 180 days.
1204	1204	(c) The terms of a diversion agreement under this article
1205	1205	must be in writing and may include any of the diversion strategies
1206	1206	described by Article 45A.505.
1207	1207	(d) The case of a child who successfully complies with the
1208	1208	terms of a diversion agreement under this article shall be closed
1209	1209	and reported as successful to the court.
1210	1210	(e) A child who does not comply with the terms of a diversion
1211	1211	agreement under this article shall be referred to court for a
1212	1212	hearing under Article 45A.511.
1213	1213	Art. 45A.511. REFERRAL TO COURT. (a) A court shall conduct
1214	1214	a non-adversarial hearing for a child who does not successfully
1215	1215	complete the terms of a diversion under Article 45A.509 or 45A.510
1216	1216	and is referred to the court.
1217	1217	(b) The hearing is an opportunity for a justice or judge to
1218	1218	confer with the child and the child's parent to determine whether a
1219	1219	diversion should be declared unsuccessful by the court. The court
1220	1220	may also hear from any person who may be of assistance to the child
1221	1221	or the court in determining what is in the best interests of the
1222	1222	child and the long-term safety of the community.
1223	1223	(c) After the hearing, a court may enter an order:
1224	1224	(1) amending or setting aside terms in the diversion
1225	1225	agreement;
1226	1226	(2) extending the diversion for a period not to exceed
1227	1227	one year from the initial start date of the diversion;
1228	1228	(3) issuing a continuance for the hearing for a period
1229	1229	not to exceed 60 days to allow an opportunity for compliance with
1230	1230	the terms of the diversion;
1231	1231	(4) subject to Subsection (d), requiring the child's
1232	1232	parent to perform any act or refrain from performing any act as the
1233	1233	court determines will increase the likelihood the child will
1234	1234	successfully complete the diversion and comply with any other order
1235	1235	of the court that is reasonable and necessary for the welfare of the
1236	1236	child;
1237	1237	(5) finding the diversion successful on the basis of
1238	1238	substantial compliance; or
1239	1239	(6) finding the diversion unsuccessful and:
1240	1240	(A) transferring the child to juvenile court for
1241	1241	alleged conduct indicating a need for supervision under Section
1242	1242	51.08, Family Code; or
1243	1243	(B) referring the charge to the prosecutor for
1244	1244	consideration of re-filing.
1245	1245	(d) An order under Subsection (c)(4) may not have the
1246	1246	substantive effect of interfering with a parent's fundamental right
1247	1247	to determine how to raise the parent's child, unless the court finds
1248	1248	that the interference is necessary to prevent significant
1249	1249	impairment of the child's physical, mental, or emotional health.
1250	1250	(e) An order under Subsection (c)(4) is enforceable against
1251	1251	the parent by contempt.
1252	1252	(f) The statute of limitations in Article 12.02(b) is tolled
1253	1253	during the diversion period for purposes of Subsection (c)(6)(B).
1254	1254	Art. 45A.512. LOCAL YOUTH DIVERSION ADMINISTRATIVE FEE.
1255	1255	(a) The clerk of a justice or municipal court may collect from a
1256	1256	child's parent a $50 administrative fee to defray the costs of the
1257	1257	diversion of the child's case under this subchapter.
1258	1258	(b) The fee under this article may not be collected unless
1259	1259	specified as a term of the diversion agreement accepted by the
1260	1260	child's parent. If the fee is not paid after giving the child's
1261	1261	parent an opportunity to be heard, the court shall order the parent,
1262	1262	if financially able, to pay the fee to the clerk of the court.
1263	1263	(c) A court shall waive the fee if the child's parent is
1264	1264	indigent or does not have sufficient resources or income to pay the
1265	1265	fee.
1266	1266	(d) A court may adopt rules for the waiver of a fee for
1267	1267	financial hardship under this article.
1268	1268	(e) An order under Subsection (b) is enforceable against the
1269	1269	parent by contempt.
1270	1270	(f) The clerk of the court shall keep a record of the fees
1271	1271	collected under this article and shall forward the funds to the
1272	1272	county treasurer, municipal treasurer, or person fulfilling the
1273	1273	role of a county treasurer or municipal treasurer, as appropriate.
1274	1274	(g) The fee collected under this article shall be deposited
1275	1275	in a special account that can be used only to offset the cost of the
1276	1276	operations of youth diversion programs under this subchapter.
1277	1277	(h) Except for the fee authorized under Subsection (a), a
1278	1278	fee may not be assessed for a child diverted under this subchapter.
1279	1279	(i) The diversion of a child may not be contingent on
1280	1280	payment of a fee under this article.
1281	1281	Art. 45A.513. DIVERSION RECORDS. (a) A justice or
1282	1282	municipal court shall maintain statistics for each diversion
1283	1283	strategy authorized by this subchapter.
1284	1284	(b) Other than statistical records, all records generated
1285	1285	under this subchapter are confidential under Article 45A.462.
1286	1286	(c) All records of a diversion pertaining to a child under
1287	1287	this subchapter shall be expunged without the requirement of a
1288	1288	motion or request, on the child's 18th birthday.
1289	1289	(b) Section 2, Chapter 525 (H.B. 3186), Acts of the 88th
1290	1290	Legislature, Regular Session, 2023, which added Subchapter E,
1291	1291	Chapter 45, Code of Criminal Procedure, is repealed.
1292	1292	SECTION 5.028. (a) Chapter 55A, Code of Criminal
1293	1293	Procedure, is amended to conform to Section 1, Chapter 543
1294	1294	(H.B. 3956), Acts of the 88th Legislature, Regular Session, 2023,
1295	1295	by adding Subchapter C-1 to read as follows:
1296	1296	SUBCHAPTER C-1. RECORDS AND FILES SUBJECT TO EXPUNCTION ORDER
1297	1297	Art. 55A.131. CERTAIN DNA RECORDS. For purposes of
1298	1298	Subchapters A, B, and C, records and files relating to an arrest
1299	1299	include:
1300	1300	(1) a DNA record created under Subchapter G, Chapter
1301	1301	411, Government Code;
1302	1302	(2) any record of the collection of the specimen from
1303	1303	which the DNA record was created; and
1304	1304	(3) any record of the transfer of the specimen to the
1305	1305	Department of Public Safety.
1306	1306	(b) Section 1, Chapter 543 (H.B. 3956), Acts of the 88th
1307	1307	Legislature, Regular Session, 2023, which added Article 55.01(e),
1308	1308	Code of Criminal Procedure, is repealed.
1309	1309	SECTION 5.029. (a) Article 55A.256(a), Code of Criminal
1310	1310	Procedure, is amended to conform to Section 12.006(a), Chapter 861
1311	1311	(H.B. 3474), Acts of the 88th Legislature, Regular Session, 2023,
1312	1312	to read as follows:
1313	1313	(a) A person who is entitled to the expunction of
1314	1314	information contained in records and files under Article 55A.006
1315	1315	may file an application for expunction with the attorney
1316	1316	representing the state in the prosecution of felonies in the county
1317	1317	in which:
1318	1318	(1) the person resides; or
1319	1319	(2) the offense was alleged to have occurred.
1320	1320	(b) Section 12.006(a), Chapter 861 (H.B. 3474), Acts of the
1321	1321	88th Legislature, Regular Session, 2023, which amended Section
1322	1322	2a(a), Article 55.02, Code of Criminal Procedure, is repealed.
1323	1323	SECTION 5.030. (a) Article 55A.351(a), Code of Criminal
1324	1324	Procedure, is amended to conform to Section 2, Chapter 543
1325	1325	(H.B. 3956), Acts of the 88th Legislature, Regular Session, 2023,
1326	1326	to read as follows:
1327	1327	(a) When an expunction order issued under Subchapter E or F
1328	1328	is final, the clerk of the court shall send a certified copy of the
1329	1329	order to the director of the Department of Public Safety for
1330	1330	purposes of Section 411.151, Government Code, to the Crime Records
1331	1331	Service of the department, [Department of Public Safety] and to
1332	1332	each official or agency or other governmental entity of this state
1333	1333	or of any political subdivision of this state named in the order.
1334	1334	(b) Section 2, Chapter 543 (H.B. 3956), Acts of the 88th
1335	1335	Legislature, Regular Session, 2023, which amended Section 3(c),
1336	1336	Article 55.02, Code of Criminal Procedure, is repealed.
1337	1337	SECTION 5.031. Article 63.00905(a), Code of Criminal
1338	1338	Procedure, as added by Chapter 979 (S.B. 2429), Acts of the 88th
1339	1339	Legislature, Regular Session, 2023, is repealed as duplicative of
1340	1340	Article 63.00905(a), Code of Criminal Procedure, as added by
1341	1341	Chapter 729 (H.B. 2660), Acts of the 88th Legislature, Regular
1342	1342	Session, 2023.
1343	1343	SECTION 5.032. Article 102.0171(c), Code of Criminal
1344	1344	Procedure, is amended to conform to Chapter 765 (H.B. 4504), Acts of
1345	1345	the 88th Legislature, Regular Session, 2023, to read as follows:
1346	1346	(c) The clerks of the respective courts shall collect the
1347	1347	fines and pay the fines to the county treasurer, municipal
1348	1348	treasurer, or to any other official who discharges the duties
1349	1349	commonly delegated to the county or municipal treasurer for deposit
1350	1350	in a fund to be known as the county juvenile delinquency prevention
1351	1351	fund or municipal juvenile delinquency prevention fund. A fund
1352	1352	designated by this subsection may be used only to:
1353	1353	(1) repair damage caused by the commission of offenses
1354	1354	under Section 28.08, Penal Code;
1355	1355	(2) provide educational and intervention programs and
1356	1356	materials, including printed educational materials for
1357	1357	distribution to primary and secondary school students, designed to
1358	1358	prevent individuals from committing offenses under Section 28.08,
1359	1359	Penal Code;
1360	1360	(3) provide to the public rewards for identifying and
1361	1361	aiding in the apprehension and prosecution of offenders who commit
1362	1362	offenses under Section 28.08, Penal Code;
1363	1363	(4) provide funding for teen recognition and teen
1364	1364	recreation programs;
1365	1365	(5) provide funding for local teen court programs;
1366	1366	(6) provide funding for the local juvenile probation
1367	1367	department;
1368	1368	(7) provide educational and intervention programs
1369	1369	designed to prevent juveniles from engaging in delinquent conduct;
1370	1370	and
1371	1371	(8) provide funding for youth diversion under
1372	1372	Subchapter K [E], Chapter 45A [45].
1373	1373	ARTICLE 6. CHANGES RELATING TO EDUCATION CODE
1374	1374	SECTION 6.001. Section 11.182(b), Education Code, is amended
1375	1375	to correct a reference to read as follows:
1376	1376	(b) A board of trustees may determine whether to use the
1377	1377	evaluation tool, except as required by Section 39A.002 [39.102(a)].
1378	1378	SECTION 6.002. Section 21.0444(a), Education Code, is
1379	1379	amended to conform to Chapter 765 (H.B. 4504), Acts of the 88th
1380	1380	Legislature, Regular Session, 2023, to read as follows:
1381	1381	(a) In this section, "first responder" means a person
1382	1382	elected, employed, or appointed as:
1383	1383	(1) a peace officer as defined by Article 2A.001
1384	1384	[2.12], Code of Criminal Procedure;
1385	1385	(2) fire protection personnel as defined by Section
1386	1386	419.021, Government Code; or
1387	1387	(3) emergency medical services personnel as defined by
1388	1388	Section 773.003, Health and Safety Code.
1389	1389	SECTION 6.003. Section 25.094(b), Education Code, is
1390	1390	amended to conform to Chapter 765 (H.B. 4504), Acts of the 88th
1391	1391	Legislature, Regular Session, 2023, to read as follows:
1392	1392	(b) A parent who fulfills the terms of an agreement
1393	1393	described by Subsection (a) not later than the 30th day after the
1394	1394	date on which the complaint was filed or within the period provided
1395	1395	by the agreement is entitled to dismissal of the complaint in
1396	1396	accordance with Article 45A.403(b) [45.0531(b)], Code of Criminal
1397	1397	Procedure.
1398	1398	SECTION 6.004. Section 33.021(d), Education Code, is
1399	1399	amended to correct a reference as follows:
1400	1400	(d) The standards adopted under Subsection (c) must:
1401	1401	(1) be reviewed and updated at least once every five
1402	1402	years; and
1403	1403	(2) include a collection development policy that:
1404	1404	(A) prohibits the possession, acquisition, and
1405	1405	purchase of:
1406	1406	(i) harmful material, as defined by Section
1407	1407	43.24, Penal Code;
1408	1408	(ii) library material rated sexually
1409	1409	explicit material by the selling library material vendor; or
1410	1410	(iii) library material that is pervasively
1411	1411	vulgar or educationally unsuitable as referenced in Board of
1412	1412	Education v. Pico [v. Board of Education], 457 U.S. 853 (1982);
1413	1413	(B) recognizes that obscene content is not
1414	1414	protected by the First Amendment to the United States Constitution;
1415	1415	(C) is required for all library materials
1416	1416	available for use or display, including material contained in
1417	1417	school libraries, classroom libraries, and online catalogs;
1418	1418	(D) recognizes that parents are the primary
1419	1419	decision makers regarding a student's access to library material;
1420	1420	(E) encourages schools to provide library
1421	1421	catalog transparency;
1422	1422	(F) recommends schools communicate effectively
1423	1423	with parents regarding collection development; and
1424	1424	(G) prohibits the removal of material based
1425	1425	solely on the:
1426	1426	(i) ideas contained in the material; or
1427	1427	(ii) personal background of:
1428	1428	(a) the author of the material; or
1429	1429	(b) characters in the material.
1430	1430	SECTION 6.005. Section 37.115(c), Education Code, as
1431	1431	amended by Chapters 896 (H.B. 3) and 948 (S.B. 1720), Acts of the
1432	1432	88th Legislature, Regular Session, 2023, is reenacted and amended
1433	1433	to read as follows:
1434	1434	(c) The board of trustees of each school district shall
1435	1435	establish a threat assessment and safe and supportive school team
1436	1436	to serve at each campus of the district and shall adopt policies and
1437	1437	procedures for the teams. The team is responsible for developing
1438	1438	and implementing the safe and supportive school program under
1439	1439	Subsection (b) at the district campus served by the team. The
1440	1440	policies and procedures adopted under this section must:
1441	1441	(1) be consistent with the model policies and
1442	1442	procedures developed by the Texas School Safety Center;
1443	1443	(2) require each team to complete training provided by
1444	1444	the Texas School Safety Center or a regional education service
1445	1445	center regarding evidence-based threat assessment programs;
1446	1446	(3) require each team established under this section
1447	1447	to report the information required under Subsection (k) regarding
1448	1448	the team's activities to the agency; [and]
1449	1449	(4) provide for:
1450	1450	(A) a district employee who reports a potential
1451	1451	threat to a team to elect for the employee's identity to be
1452	1452	confidential and not subject to disclosure under Chapter 552,
1453	1453	Government Code, except as necessary for the team, the district, or
1454	1454	law enforcement to investigate the potential threat; and
1455	1455	(B) the district to maintain a record of the
1456	1456	identity of a district employee who elects for the employee's
1457	1457	identity to be confidential under Paragraph (A); and
1458	1458	(5) [(4)] require each district campus to establish a
1459	1459	clear procedure for a student to report concerning behavior
1460	1460	exhibited by another student for assessment by the team or other
1461	1461	appropriate school employee.
1462	1462	SECTION 6.006. Section 15, Chapter 925 (S.B. 1566), Acts of
1463	1463	the 85th Legislature, Regular Session, 2017, which amended Section
1464	1464	39.102(a), Education Code, is repealed to conform to Section 5.017,
1465	1465	Chapter 915 (H.B. 3607), Acts of the 87th Legislature, Regular
1466	1466	Session, 2021.
1467	1467	ARTICLE 7. CHANGES RELATING TO FAMILY CODE
1468	1468	SECTION 7.001. Section 54.047(f), Family Code, as amended
1469	1469	by Chapter 1021 (H.B. 5183), Acts of the 88th Legislature, Regular
1470	1470	Session, 2023, is repealed to conform to the repeal of Section
1471	1471	54.047(f), Family Code, by Chapter 768 (H.B. 4595), Acts of the 88th
1472	1472	Legislature, Regular Session, 2023.
1473	1473	SECTION 7.002. Section 101.001(a), Family Code, is amended
1474	1474	to correct a reference to read as follows:
1475	1475	(a) Definitions in this chapter [subchapter] apply to this
1476	1476	title.
1477	1477	SECTION 7.003. Section 262.101(b), Family Code, as added by
1478	1478	Chapters 672 (H.B. 968) and 675 (H.B. 1087), Acts of the 88th
1479	1479	Legislature, Regular Session, 2023, is reenacted to read as
1480	1480	follows:
1481	1481	(b) The affidavit required by Subsection (a) must describe
1482	1482	with specificity in a separate section all reasonable efforts,
1483	1483	consistent with the circumstances and providing for the safety of
1484	1484	the child, that were made to prevent or eliminate the need for the
1485	1485	removal of the child.
1486	1486	SECTION 7.004. Section 262.105(c), Family Code, as added by
1487	1487	Chapters 672 (H.B. 968) and 675 (H.B. 1087), Acts of the 88th
1488	1488	Legislature, Regular Session, 2023, is reenacted to read as
1489	1489	follows:
1490	1490	(c) The affidavit required by Subsection (b) must describe
1491	1491	with specificity in a separate section all reasonable efforts,
1492	1492	consistent with the circumstances and providing for the safety of
1493	1493	the child, that were made to prevent or eliminate the need for the
1494	1494	removal of the child.
1495	1495	ARTICLE 8. CHANGES RELATING TO GOVERNMENT CODE
1496	1496	SECTION 8.001. Section 22.220(d), Government Code, is
1497	1497	amended to conform to Chapter 765 (H.B. 4504), Acts of the 88th
1498	1498	Legislature, Regular Session, 2023, to read as follows:
1499	1499	(d) The Court of Appeals for the Fifteenth Court of Appeals
1500	1500	District has exclusive intermediate appellate jurisdiction over
1501	1501	the following matters arising out of or related to a civil case:
1502	1502	(1) matters brought by or against the state or a board,
1503	1503	commission, department, office, or other agency in the executive
1504	1504	branch of the state government, including a university system or
1505	1505	institution of higher education as defined by Section 61.003,
1506	1506	Education Code, or by or against an officer or employee of the state
1507	1507	or a board, commission, department, office, or other agency in the
1508	1508	executive branch of the state government arising out of that
1509	1509	officer's or employee's official conduct, other than:
1510	1510	(A) a proceeding brought under the Family Code
1511	1511	and any related motion or proceeding;
1512	1512	(B) a proceeding brought under Chapter 7B or
1513	1513	Article 17.292, Code of Criminal Procedure;
1514	1514	(C) a proceeding brought against a district
1515	1515	attorney, a criminal district attorney, or a county attorney with
1516	1516	criminal jurisdiction;
1517	1517	(D) a proceeding relating to a mental health
1518	1518	commitment;
1519	1519	(E) a proceeding relating to civil asset
1520	1520	forfeiture;
1521	1521	(F) a condemnation proceeding for the
1522	1522	acquisition of land or a proceeding related to eminent domain;
1523	1523	(G) a proceeding brought under Chapter 101, Civil
1524	1524	Practice and Remedies Code;
1525	1525	(H) a claim of personal injury or wrongful death;
1526	1526	(I) a proceeding brought under Chapter 125, Civil
1527	1527	Practice and Remedies Code, to enjoin a common nuisance;
1528	1528	(J) a proceeding brought under Chapter 55A [55],
1529	1529	Code of Criminal Procedure;
1530	1530	(K) a proceeding under Chapter 22A, Government
1531	1531	Code;
1532	1532	(L) a proceeding brought under Subchapter E-1,
1533	1533	Chapter 411, Government Code;
1534	1534	(M) a proceeding brought under Chapter 21, Labor
1535	1535	Code;
1536	1536	(N) a removal action under Chapter 87, Local
1537	1537	Government Code; or
1538	1538	(O) a proceeding brought under Chapter 841,
1539	1539	Health and Safety Code;
1540	1540	(2) matters in which a party to the proceeding files a
1541	1541	petition, motion, or other pleading challenging the
1542	1542	constitutionality or validity of a state statute or rule and the
1543	1543	attorney general is a party to the case; and
1544	1544	(3) any other matter as provided by law.
1545	1545	SECTION 8.002. Section 30.000125(b), Government Code, is
1546	1546	amended to conform to Chapter 1545 (S.B. 1230), Acts of the 76th
1547	1547	Legislature, Regular Session, 1999, and Chapter 765 (H.B. 4504),
1548	1548	Acts of the 88th Legislature, Regular Session, 2023, to read as
1549	1549	follows:
1550	1550	(b) The seal's [appearance and] use must substantially
1551	1551	conform to Article 45A.052 [45.02], Code of Criminal Procedure.
1552	1552	The seal[, but] must include the phrase "Municipal Court of/in
1553	1553	__________, Texas."
1554	1554	SECTION 8.003. Section 30.000126, Government Code, is
1555	1555	amended to conform to Chapter 765 (H.B. 4504), Acts of the 88th
1556	1556	Legislature, Regular Session, 2023, to read as follows:
1557	1557	Sec. 30.000126. COMPLAINT; PLEADING. Complaints and
1558	1558	pleadings must substantially conform to the relevant provisions of
1559	1559	Chapters 27 and 45A [45], Code of Criminal Procedure.
1560	1560	SECTION 8.004. Section 30.007802(b), Government Code, is
1561	1561	amended to conform to Chapter 1545 (S.B. 1230), Acts of the 76th
1562	1562	Legislature, Regular Session, 1999, and Chapter 765 (H.B. 4504),
1563	1563	Acts of the 88th Legislature, Regular Session, 2023, to read as
1564	1564	follows:
1565	1565	(b) Complaints must comply with Article 45A.101 [45.17],
1566	1566	Code of Criminal Procedure.
1567	1567	SECTION 8.005. Section 54.2811(a), Government Code, is
1568	1568	amended to conform to Chapter 765 (H.B. 4504), Acts of the 88th
1569	1569	Legislature, Regular Session, 2023, to read as follows:
1570	1570	(a) A district court judge with jurisdiction in Denton
1571	1571	County, the judge of a criminal statutory county court of Denton
1572	1572	County, or the judge of the juvenile court of Denton County may
1573	1573	refer to the criminal law magistrate court the following matters in
1574	1574	a criminal case:
1575	1575	(1) a negotiated plea of guilty or no contest before
1576	1576	the court;
1577	1577	(2) a bond forfeiture, remittitur, and related
1578	1578	proceedings;
1579	1579	(3) a pretrial motion;
1580	1580	(4) a writ of habeas corpus;
1581	1581	(5) an examining trial;
1582	1582	(6) jury selection;
1583	1583	(7) an occupational driver's license;
1584	1584	(8) a waiver of extradition or a related matter under
1585	1585	Chapter 51, Code of Criminal Procedure;
1586	1586	(9) the issuance of search warrants, including a
1587	1587	search warrant under Article 18.02(a)(10), Code of Criminal
1588	1588	Procedure, notwithstanding Article 18.01(c), Code of Criminal
1589	1589	Procedure;
1590	1590	(10) a petition for an order of expunction under
1591	1591	Chapter 55A [55], Code of Criminal Procedure;
1592	1592	(11) an asset forfeiture hearing as provided by
1593	1593	Chapter 59, Code of Criminal Procedure;
1594	1594	(12) a civil commitment matter under Subtitle C, Title
1595	1595	7, Health and Safety Code;
1596	1596	(13) setting, adjusting, or revoking bond;
1597	1597	(14) the conduct of initial juvenile detention
1598	1598	hearings or any other matter in a juvenile case if referred by the
1599	1599	judge of the juvenile court of the county and approved by the Denton
1600	1600	County Juvenile Board; and
1601	1601	(15) any other matter the judge considers necessary
1602	1602	and proper.
1603	1603	SECTION 8.006. Section 71.035(a), Government Code, as
1604	1604	amended by Chapters 486 (H.B. 841) and 677 (H.B. 1182), Acts of the
1605	1605	88th Legislature, Regular Session, 2023, is reenacted to read as
1606	1606	follows:
1607	1607	(a) The council shall gather judicial statistics and other
1608	1608	pertinent information, including for each trial court in this state
1609	1609	monthly court activity statistics and case-level information on the
1610	1610	amount and character of the business transacted by the court, from
1611	1611	the several state judges and other court officials of this state.
1612	1612	The monthly information gathered by the council for each trial
1613	1613	court in a county with a population of at least one million must
1614	1614	include, but is not limited to:
1615	1615	(1) the number of cases assigned to the court;
1616	1616	(2) the case clearance rate for the court;
1617	1617	(3) the number of cases disposed by the court;
1618	1618	(4) the number of jury panels empaneled for the court;
1619	1619	(5) the number of orders of continuance for an
1620	1620	attorney before the court or by the court;
1621	1621	(6) the number of pleas accepted by the court;
1622	1622	(7) the number of cases tried by the judge of the court
1623	1623	or before a jury; and
1624	1624	(8) the number of cases tried before a visiting or
1625	1625	associate judge of the court.
1626	1626	SECTION 8.007. Section 79.014(a), Government Code, is
1627	1627	amended to conform to Chapter 765 (H.B. 4504), Acts of the 88th
1628	1628	Legislature, Regular Session, 2023, to read as follows:
1629	1629	(a) The governor shall appoint with the advice and consent
1630	1630	of the senate seven members of the board as follows:
1631	1631	(1) one member who is a district judge serving as a
1632	1632	presiding judge of an administrative judicial region;
1633	1633	(2) one member who is a judge of a constitutional
1634	1634	county court or who is a county commissioner;
1635	1635	(3) one member who is a practicing criminal defense
1636	1636	attorney;
1637	1637	(4) one member who is a chief public defender in this
1638	1638	state;
1639	1639	(5) one member who is a judge of a constitutional
1640	1640	county court or who is a county commissioner of a county with a
1641	1641	population of 250,000 or more;
1642	1642	(6) one member who is either:
1643	1643	(A) a director of a managed assigned counsel
1644	1644	program in this state; or
1645	1645	(B) a person who has a demonstrated expertise in
1646	1646	indigent defense issues; and
1647	1647	(7) one member who is a justice of the peace, municipal
1648	1648	court judge, or appointed magistrate under Article 2A.151 [2.09],
1649	1649	Code of Criminal Procedure, whose regular duties include presiding
1650	1650	over hearings under Article 15.17, Code of Criminal Procedure.
1651	1651	SECTION 8.008. Section 402.028(c), Government Code, is
1652	1652	amended to conform to Chapter 765 (H.B. 4504), Acts of the 88th
1653	1653	Legislature, Regular Session, 2023, to read as follows:
1654	1654	(c) Nothing in this section shall prohibit an assistant
1655	1655	attorney general from performing duties as an attorney representing
1656	1656	the state under a temporary appointment described by [as attorney
1657	1657	pro tem under the provisions of] Article 2A.104, Code of Criminal
1658	1658	Procedure.
1659	1659	SECTION 8.009. Section 403.606, Government Code, is amended
1660	1660	to conform to Chapter 768 (H.B. 4595), Acts of the 88th Legislature,
1661	1661	Regular Session, 2023, to read as follows:
1662	1662	Sec. 403.606. CERTAIN PERSONS INELIGIBLE. A person is not
1663	1663	eligible to submit an application to the comptroller or enter into
1664	1664	an agreement under this subchapter if the person is a company that
1665	1665	is listed as ineligible to receive a state contract or investment
1666	1666	under Chapter 808, 809, 2270, 2271, [or] 2274, 2275, or 2276 [as
1667	1667	added by Chapters 529 (S.B. 13), 530 (S.B. 19), and 975 (S.B. 2116),
1668	1668	Acts of the 87th Legislature, Regular Session, 2021].
1669	1669	SECTION 8.010. (a) Section 411.1106(b), Government Code,
1670	1670	as amended by Chapters 871 (H.B. 4123) and 1089 (S.B. 1192), Acts of
1671	1671	the 88th Legislature, Regular Session, 2023, is reenacted, amended
1672	1672	to correct a typographical error, and further amended to conform to
1673	1673	Chapter 769 (H.B. 4611), Acts of the 88th Legislature, Regular
1674	1674	Session, 2023, to read as follows:
1675	1675	(b) The commission is entitled to obtain criminal history
1676	1676	record information as provided by Subsection (b-1) that relates to
1677	1677	a person who is required to be fingerprinted and is:
1678	1678	(1) an applicant for an employment or volunteer
1679	1679	position or an applicant for a contract with the commission in which
1680	1680	the person, as an employee, volunteer, or contractor, as [an]
1681	1681	applicable, would have access to sensitive personal or financial
1682	1682	information, as determined by the executive commissioner, in:
1683	1683	(A) the eligibility services division of the
1684	1684	commission as established under Section 523.0151 [531.008];
1685	1685	(B) the commission's office of inspector general
1686	1686	as established by Section 523.0151 [531.008] and Subchapter C,
1687	1687	Chapter 544 [531]; or
1688	1688	(C) the regulatory services division of the
1689	1689	commission as established under Section 523.0151 [531.008]; or
1690	1690	(2) an employee, volunteer, or contractor of the
1691	1691	commission who has access to sensitive personal or financial
1692	1692	information, as determined by the executive commissioner.
1693	1693	(b) Section 411.1106(b-1), Government Code, as added by
1694	1694	Chapter 1089 (S.B. 1192), Acts of the 88th Legislature, Regular
1695	1695	Session, 2023, is repealed as duplicative of Section 411.1106(b-1),
1696	1696	Government Code, as added by Chapter 871 (H.B. 4123), Acts of the
1697	1697	88th Legislature, Regular Session, 2023.
1698	1698	(c) Section 411.1106(c-1), Government Code, as added by
1699	1699	Chapter 1089 (S.B. 1192), Acts of the 88th Legislature, Regular
1700	1700	Session, 2023, is repealed as duplicative of Section 411.1106(c),
1701	1701	Government Code, as amended by Chapter 871 (H.B. 4123), Acts of the
1702	1702	88th Legislature, Regular Session, 2023.
1703	1703	SECTION 8.011. Section 411.11061(a), Government Code, is
1704	1704	amended to conform to Chapter 769 (H.B. 4611), Acts of the 88th
1705	1705	Legislature, Regular Session, 2023, to read as follows:
1706	1706	(a) In this section, "residential caregiver" has the
1707	1707	meaning assigned by Section 532.0157 [531.02485].
1708	1708	SECTION 8.012. Section 411.1355(d), Government Code, is
1709	1709	amended to conform to Chapter 765 (H.B. 4504), Acts of the 88th
1710	1710	Legislature, Regular Session, 2023, to read as follows:
1711	1711	(d) The department shall permit a person whose name is
1712	1712	included in the database established under this section to petition
1713	1713	the department for removal of the person's name from the database,
1714	1714	and the department shall remove the person's name from the database
1715	1715	in response to the petition if:
1716	1716	(1) an order of expunction is issued under Chapter 55A
1717	1717	[55], Code of Criminal Procedure, with respect to one of the
1718	1718	offenses described by Subsection (a), unless the person has been
1719	1719	convicted three or more times of an offense described by that
1720	1720	subsection; or
1721	1721	(2) during the seven-year period preceding the date of
1722	1722	the petition, the person is not convicted of an offense described by
1723	1723	Subsection (a).
1724	1724	SECTION 8.013. Section 411.151(a), Government Code, is
1725	1725	amended to conform to Chapter 765 (H.B. 4504), Acts of the 88th
1726	1726	Legislature, Regular Session, 2023, to read as follows:
1727	1727	(a) The director shall expunge a DNA record of an individual
1728	1728	from a DNA database if:
1729	1729	(1) the director receives:
1730	1730	(A) an order of expunction under Subchapter E or
1731	1731	F, Chapter 55A [Article 55.02], Code of Criminal Procedure; or
1732	1732	(B) a request from a court under Section
1733	1733	411.1471(e); or
1734	1734	(2) the person provides the director with a certified
1735	1735	copy of a court order issued under Subchapter C-1, Chapter 58,
1736	1736	Family Code, that seals the juvenile record of the adjudication
1737	1737	that resulted in the DNA record.
1738	1738	SECTION 8.014. Section 411.187(c), Government Code, is
1739	1739	amended to correct references to read as follows:
1740	1740	(c) The department shall suspend a license under this
1741	1741	section:
1742	1742	(1) for 30 days, if the person's license is subject to
1743	1743	suspension for a reason listed in Subsection (a)(2), (3), or (4),
1744	1744	except as provided by Subdivision (2);
1745	1745	(2) for not less than one year and not more than three
1746	1746	years, if the person's license:
1747	1747	(A) is subject to suspension for a reason listed
1748	1748	in Subsection (a), other than the reason listed in Subsection
1749	1749	(a)(1); and
1750	1750	(B) has been previously suspended for the same
1751	1751	reason;
1752	1752	(3) until dismissal of the charges, if the person's
1753	1753	license is subject to suspension for the reason listed in
1754	1754	Subsection (a)(1); or
1755	1755	(4) for the duration of or the period specified by:
1756	1756	(A) the protective order issued under Title 4,
1757	1757	Family Code, if the person's license is subject to suspension for
1758	1758	the reason listed in Subsection (a)(3) [(a)(5)]; or
1759	1759	(B) the order for emergency protection issued
1760	1760	under Article 17.292, Code of Criminal Procedure, if the person's
1761	1761	license is subject to suspension for the reason listed in
1762	1762	Subsection (a)(4) [(a)(6)].
1763	1763	SECTION 8.015. Section 420.008(b), Government Code, as
1764	1764	amended by Chapters 190 (H.B. 3345) and 858 (H.B. 3461), Acts of the
1765	1765	88th Legislature, Regular Session, 2023, is reenacted and amended
1766	1766	to read as follows:
1767	1767	(b) The fund consists of:
1768	1768	(1) fees and fines collected under:
1769	1769	(A) Article 42A.653(a), Code of Criminal
1770	1770	Procedure;
1771	1771	(B) Section 508.189, Government Code; and
1772	1772	(C) Subchapter B, Chapter 102, Business &
1773	1773	Commerce Code, and deposited under Section 102.054 of that code;
1774	1774	(2) administrative penalties collected under Section
1775	1775	51.258, Education Code; [and]
1776	1776	(3) amounts allocated under Section 183.054, Tax Code;
1777	1777	and
1778	1778	(4) [(3)] interest and other earnings on money in the
1779	1779	fund.
1780	1780	SECTION 8.016. Section 425.001(4), Government Code, is
1781	1781	amended to conform to Chapter 709 (H.B. 2190), Acts of the 88th
1782	1782	Legislature, Regular Session, 2023, to read as follows:
1783	1783	(4) "Violent incident" means an incident involving a
1784	1784	peace officer that occurs while the officer is performing official
1785	1785	duties and that poses a substantial risk of serious harm to the
1786	1786	officer's mental health or well-being, including responding to a
1787	1787	homicide, suicide, or fatal motor vehicle collision [accident].
1788	1788	SECTION 8.017. (a) Section 521.0001(7), Government Code,
1789	1789	as effective April 1, 2025, is amended to conform to Section 1,
1790	1790	Chapter 840 (H.B. 2727), Acts of the 88th Legislature, Regular
1791	1791	Session, 2023, to read as follows:
1792	1792	(7) "Home telemonitoring service" means a health
1793	1793	service that requires scheduled remote monitoring of data related
1794	1794	to a patient's health and transmission of the data to a licensed
1795	1795	home and community support services agency, a federally qualified
1796	1796	health center, a rural health clinic, or a hospital, as those terms
1797	1797	are defined by Section 548.0251. The term is synonymous with
1798	1798	"remote patient monitoring."
1799	1799	(b) Section 1, Chapter 840 (H.B. 2727), Acts of the 88th
1800	1800	Legislature, Regular Session, 2023, which amended Section
1801	1801	531.001(4-a), Government Code, is repealed.
1802	1802	SECTION 8.018. Section 531.0045, Government Code, is
1803	1803	transferred to Subchapter A, Chapter 523, Government Code, as
1804	1804	effective April 1, 2025, redesignated as Section 523.00031,
1805	1805	Government Code, and amended to read as follows:
1806	1806	Sec. 523.00031 [531.0045]. LIMIT ON SUNSET REVIEW. The
1807	1807	Sunset Advisory Commission's review of the commission [Health and
1808	1808	Human Services Commission] under Chapter 325 (Texas Sunset Act)
1809	1809	during the period in which state agencies abolished in 2027 are
1810	1810	reviewed may not include a review of the family support services
1811	1811	programs transferred to the commission under Chapter 137, Human
1812	1812	Resources Code, or the Thriving Texas Families Program established
1813	1813	under Chapter 54, Health and Safety Code. This section expires
1814	1814	September 1, 2027.
1815	1815	SECTION 8.019. (a) Subchapter Y, Chapter 531, Government
1816	1816	Code, is transferred to Chapter 523, Government Code, as effective
1817	1817	April 1, 2025, redesignated as Subchapter H, Chapter 523,
1818	1818	Government Code, amended to conform to Chapter 769 (H.B. 4611),
1819	1819	Acts of the 88th Legislature, Regular Session, 2023, and further
1820	1820	amended to read as follows:
1821	1821	SUBCHAPTER H [Y]. COMMISSION OMBUDSMAN PROGRAMS
1822	1822	Sec. 523.0351 [531.991]. DEFINITIONS. In this subchapter:
1823	1823	(1) "Department" means the Department of Family and
1824	1824	Protective Services.
1825	1825	(2) "Ombudsman" means the individual appointed as the
1826	1826	ombudsman for an ombudsman program.
1827	1827	(3) "Ombudsman program" means an ombudsman program
1828	1828	administered by the commission under this subchapter.
1829	1829	Sec. 523.0352 [531.9912]. ESTABLISHMENT OF OMBUDSMAN
1830	1830	PROGRAMS. The executive commissioner shall establish the following
1831	1831	ombudsman programs:
1832	1832	(1) the health and human services office of the
1833	1833	ombudsman in accordance with Section 523.0353 [531.9915];
1834	1834	(2) the ombudsman for children and youth in foster
1835	1835	care in accordance with Section 523.0357 [531.9931];
1836	1836	(3) the ombudsman for managed care assistance in
1837	1837	accordance with Section 523.0358 [531.9932];
1838	1838	(4) the ombudsman for behavioral health access to care
1839	1839	in accordance with Section 523.0359 [531.9933]; and
1840	1840	(5) the ombudsman for individuals with an intellectual
1841	1841	or developmental disability in accordance with Section 523.0360
1842	1842	[531.9934].
1843	1843	Sec. 523.0353 [531.9915]. OFFICE OF OMBUDSMAN. (a) The
1844	1844	executive commissioner shall establish the commission's office of
1845	1845	the ombudsman with authority and responsibility over the health and
1846	1846	human services system in performing the following functions:
1847	1847	(1) providing dispute resolution services for the
1848	1848	health and human services system;
1849	1849	(2) performing consumer protection and advocacy
1850	1850	functions related to health and human services, including assisting
1851	1851	a consumer or other interested person with:
1852	1852	(A) raising a matter within the health and human
1853	1853	services system that the person feels is being ignored; and
1854	1854	(B) obtaining information regarding a filed
1855	1855	complaint; and
1856	1856	(3) collecting inquiry and complaint data related to
1857	1857	the health and human services system.
1858	1858	(b) The office of the ombudsman does not have the authority
1859	1859	to provide a separate process for resolving complaints or appeals.
1860	1860	(c) The executive commissioner shall develop a standard
1861	1861	process for tracking and reporting received inquiries and
1862	1862	complaints within the health and human services system. The
1863	1863	process must provide for the centralized tracking of inquiries and
1864	1864	complaints submitted to field, regional, or other local health and
1865	1865	human services system offices.
1866	1866	(d) Using the process developed under Subsection (c), the
1867	1867	office of the ombudsman shall collect inquiry and complaint data
1868	1868	from all offices, agencies, divisions, and other entities within
1869	1869	the health and human services system. To assist with the collection
1870	1870	of data under this subsection, the office may access any system or
1871	1871	process for recording inquiries and complaints used or maintained
1872	1872	within the health and human services system.
1873	1873	Sec. 523.0354 [531.992]. APPOINTMENT OF OMBUDSMAN. The
1874	1874	executive commissioner shall appoint an ombudsman for each
1875	1875	ombudsman program to serve at the will of the executive
1876	1876	commissioner.
1877	1877	Sec. 523.0355 [531.9921]. CONFLICT OF INTEREST. An
1878	1878	individual [A person] may not serve as ombudsman in an ombudsman
1879	1879	program if the individual [person] or the individual's [person's]
1880	1880	spouse:
1881	1881	(1) is employed by or participates in the management
1882	1882	of a business entity or other organization receiving funds from the
1883	1883	commission;
1884	1884	(2) owns or controls, directly or indirectly, any
1885	1885	interest in a business entity or other organization receiving funds
1886	1886	from the commission; or
1887	1887	(3) is required to register as a lobbyist under
1888	1888	Chapter 305 because of the individual's [person's] activities for
1889	1889	compensation on behalf of a profession related to the commission's
1890	1890	operation [of the commission].
1891	1891	Sec. 523.0356 [531.993]. DUTIES OF OMBUDSMAN. (a) An
1892	1892	ombudsman serves as an impartial party in assisting:
1893	1893	(1) children and youth in the conservatorship of the
1894	1894	department with complaints regarding issues within the authority of
1895	1895	the commission or department, as applicable; and
1896	1896	(2) persons with a complaint against the commission
1897	1897	regarding case-specific activities of the programs within the
1898	1898	health and human services system.
1899	1899	(b) An ombudsman shall:
1900	1900	(1) develop and implement statewide procedures to:
1901	1901	(A) receive complaints from:
1902	1902	(i) children and youth in the
1903	1903	conservatorship of the department; and
1904	1904	(ii) other persons with a complaint against
1905	1905	a program within the health and human services system;
1906	1906	(B) review complaints filed with an ombudsman and
1907	1907	take appropriate action, including:
1908	1908	(i) conducting an investigation into
1909	1909	individual complaints that allege violations of commission or
1910	1910	department procedures or policies or other violations; and
1911	1911	(ii) referring to the commission or
1912	1912	department for resolution any trends or systemic issues identified
1913	1913	in complaints;
1914	1914	(C) provide any necessary assistance to:
1915	1915	(i) children and youth in the
1916	1916	conservatorship of the department in making complaints and
1917	1917	reporting allegations of abuse, neglect, or exploitation under
1918	1918	Chapter 48, Human Resources Code; and
1919	1919	(ii) any other person in making complaints
1920	1920	against a program within the health and human services system or
1921	1921	reporting allegations of abuse, neglect, or exploitation under
1922	1922	Chapter 48, Human Resources Code;
1923	1923	(D) maintain the confidentiality of:
1924	1924	(i) an ombudsman's communications and
1925	1925	records;
1926	1926	(ii) records of another person [that have
1927	1927	been] provided to an ombudsman; and
1928	1928	(iii) communications of another person with
1929	1929	an ombudsman; and
1930	1930	(E) ensure that any person who files a complaint
1931	1931	with an ombudsman is informed of the results of the ombudsman's
1932	1932	investigation of the complaint, including whether the ombudsman was
1933	1933	able to substantiate the complaint;
1934	1934	(2) collaborate with the commission to develop and
1935	1935	implement an annual outreach plan to promote awareness of the
1936	1936	ombudsman programs among the public and stakeholders that includes:
1937	1937	(A) how an ombudsman may be contacted;
1938	1938	(B) the purpose of an ombudsman; and
1939	1939	(C) the services an ombudsman provides;
1940	1940	(3) issue and file with the commission or department,
1941	1941	as applicable, a report that contains an ombudsman's final
1942	1942	determination regarding a complaint and any recommended corrective
1943	1943	actions to be taken as a result of the complaint;
1944	1944	(4) establish a secure form of communication with any
1945	1945	individual who files a complaint with an ombudsman;
1946	1946	(5) collaborate with the commission or department, as
1947	1947	applicable, to identify consequences for any retaliatory action
1948	1948	related to a complaint filed with an ombudsman, in accordance with
1949	1949	Section 523.0364 [531.997]; and
1950	1950	(6) monitor and evaluate the corrective actions taken
1951	1951	in response to an ombudsman's [a] recommendation [by an ombudsman].
1952	1952	(c) An ombudsman's final determination in a report
1953	1953	described by Subsection (b)(3) must include a determination of
1954	1954	whether there was wrongdoing or negligence by the commission or
1955	1955	department or an agent of the commission or department or whether
1956	1956	the complaint was frivolous or without merit. If the ombudsman
1957	1957	determines there was wrongdoing or negligence, the ombudsman shall
1958	1958	recommend corrective actions to be taken by the commission or
1959	1959	department.
1960	1960	(d) [(c-1)] The department and the commission shall provide
1961	1961	written notice to an ombudsman on whether the department or
1962	1962	commission adopted or rejected the ombudsman's recommended
1963	1963	corrective action. If the department or commission rejects a
1964	1964	recommended corrective action, the department or commission shall
1965	1965	include in the notice the reason for the rejection.
1966	1966	(e) [(d)] An ombudsman may attend any judicial proceeding
1967	1967	related to a complaint filed with the ombudsman program.
1968	1968	Sec. 523.0357 [531.9931]. OMBUDSMAN FOR CHILDREN AND YOUTH
1969	1969	IN FOSTER CARE. (a) The commission shall establish an ombudsman
1970	1970	program to provide support and information services to children and
1971	1971	youth in foster care.
1972	1972	(b) An ombudsman appointed under this section shall:
1973	1973	(1) receive complaints from children and youth in the
1974	1974	conservatorship of the department as provided under Section
1975	1975	523.0356(b)(1)(A)(i) [531.993(b)(1)(A)(i)];
1976	1976	(2) inform children and youth in the conservatorship
1977	1977	of the department who file a complaint under this subchapter about
1978	1978	the result of an ombudsman's investigation of the complaint,
1979	1979	including whether the ombudsman was able to substantiate the
1980	1980	child's or youth's complaint; and
1981	1981	(3) collaborate with the department to develop an
1982	1982	outreach plan for children and youth in the conservatorship of the
1983	1983	department to promote awareness of the ombudsman program.
1984	1984	Sec. 523.0358 [531.9932]. OMBUDSMAN FOR MANAGED CARE
1985	1985	ASSISTANCE. (a) The commission shall establish an ombudsman
1986	1986	program to provide support and information services to an
1987	1987	individual [a person] enrolled in or applying for Medicaid coverage
1988	1988	who experiences barriers to receiving health care services.
1989	1989	(b) An ombudsman appointed under this section shall give
1990	1990	emphasis to assisting an individual [a person] with an urgent or
1991	1991	immediate medical or support need.
1992	1992	(c) The commission shall provide support and information
1993	1993	services required by this section through a network of entities
1994	1994	coordinated by the commission's ombudsman program and composed of:
1995	1995	(1) the commission's ombudsman program or other
1996	1996	division of the commission designated by the executive commissioner
1997	1997	to coordinate the network;
1998	1998	(2) the office of the state long-term care ombudsman
1999	1999	required under Subchapter F, Chapter 101A, Human Resources Code;
2000	2000	(3) the division within the commission responsible for
2001	2001	oversight of Medicaid managed care contracts;
2002	2002	(4) area agencies on aging;
2003	2003	(5) aging and disability resource centers established
2004	2004	under the Aging and Disability Resource Center initiative funded in
2005	2005	part by the federal Administration on Aging and the Centers for
2006	2006	Medicare and Medicaid Services; and
2007	2007	(6) any other entity the executive commissioner
2008	2008	determines appropriate.
2009	2009	(d) As a part of the support and information services
2010	2010	required by this section, the ombudsman program shall:
2011	2011	(1) operate a statewide toll-free assistance
2012	2012	telephone number that includes relay services for individuals
2013	2013	[persons] with speech or hearing disabilities and assistance for
2014	2014	individuals [persons] who speak Spanish;
2015	2015	(2) intervene promptly with the state Medicaid office,
2016	2016	Medicaid managed care organizations and providers, and any other
2017	2017	appropriate entity on behalf of an individual [a person] who has an
2018	2018	urgent need for medical services;
2019	2019	(3) assist an individual [a person] who is
2020	2020	experiencing barriers in the Medicaid application and enrollment
2021	2021	process and refer the individual [person] for further assistance if
2022	2022	appropriate;
2023	2023	(4) educate individuals [persons] so that they:
2024	2024	(A) understand the concept of managed care;
2025	2025	(B) understand their rights under Medicaid,
2026	2026	including grievance and appeal procedures; and
2027	2027	(C) are able to advocate for themselves;
2028	2028	(5) assist the state Medicaid office and Medicaid
2029	2029	managed care organizations and providers in identifying and
2030	2030	correcting problems, including site visits to affected regions if
2031	2031	necessary;
2032	2032	(6) meet the needs of all current and future Medicaid
2033	2033	managed care recipients, including children receiving dental
2034	2034	benefits;
2035	2035	(7) incorporate support services for children
2036	2036	enrolled in the child health plan program established under Chapter
2037	2037	62, Health and Safety Code; and
2038	2038	(8) ensure that staff providing support and
2039	2039	information services receive [receives] sufficient training,
2040	2040	including training in the Medicare program for the purpose of
2041	2041	assisting recipients who are dually eligible for Medicare and
2042	2042	Medicaid, and have [has] sufficient authority to resolve barriers
2043	2043	experienced by recipients to health care and long-term services and
2044	2044	supports.
2045	2045	(e) The ombudsman program must be sufficiently independent
2046	2046	from other aspects of Medicaid managed care to represent the best
2047	2047	interests of recipients in problem resolution.
2048	2048	Sec. 523.0359 [531.9933]. OMBUDSMAN FOR BEHAVIORAL HEALTH
2049	2049	ACCESS TO CARE. (a) The commission shall establish an ombudsman
2050	2050	program to provide support and information services to a consumer
2051	2051	enrolled in or applying for a behavioral health program.
2052	2052	(b) The commission may use an alternate title for the
2053	2053	ombudsman in consumer-facing materials if the commission
2054	2054	determines that an alternate title would be beneficial to consumer
2055	2055	understanding or access.
2056	2056	(c) An ombudsman serves as an impartial party to help
2057	2057	consumers, including consumers who are uninsured or have public or
2058	2058	private health benefit coverage, and behavioral health care
2059	2059	providers navigate and resolve issues related to consumer access to
2060	2060	behavioral health care, including care for mental health conditions
2061	2061	and substance use disorders.
2062	2062	(d) An ombudsman shall:
2063	2063	(1) interact with consumers and behavioral health care
2064	2064	providers regarding [with] concerns or complaints to help the
2065	2065	consumers and providers resolve behavioral health care access
2066	2066	issues;
2067	2067	(2) identify, track, and help report potential
2068	2068	violations of state or federal rules, regulations, or statutes
2069	2069	concerning the availability of, and terms and conditions of,
2070	2070	benefits for mental health conditions or substance use disorders,
2071	2071	including potential violations related to quantitative and
2072	2072	nonquantitative treatment limitations;
2073	2073	(3) report concerns, complaints, and potential
2074	2074	violations described by Subdivision (2) to the appropriate
2075	2075	regulatory or oversight agency;
2076	2076	(4) receive and report concerns and complaints
2077	2077	relating to inappropriate care or mental health commitment;
2078	2078	(5) provide appropriate information to help consumers
2079	2079	obtain behavioral health care;
2080	2080	(6) develop appropriate points of contact for
2081	2081	referrals to other state and federal agencies; and
2082	2082	(7) provide appropriate information to help consumers
2083	2083	or providers file appeals or complaints with the appropriate
2084	2084	entities, including insurers and other state and federal agencies.
2085	2085	(e) The Texas Department of Insurance shall appoint a
2086	2086	liaison to an ombudsman to receive reports of concerns, complaints,
2087	2087	and potential violations described by Subsection (d)(2) from an
2088	2088	ombudsman, consumers, or behavioral health care providers.
2089	2089	Sec. 523.0360 [531.9934]. OMBUDSMAN FOR INDIVIDUALS WITH
2090	2090	AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY. The executive
2091	2091	commissioner shall appoint an ombudsman to assist a client, or a
2092	2092	person acting on behalf of an individual with an intellectual or
2093	2093	developmental disability or a group of individuals with an
2094	2094	intellectual or developmental disability, with a complaint or
2095	2095	grievance regarding the infringement of the rights of an individual
2096	2096	with an intellectual or developmental disability or the delivery of
2097	2097	intellectual disability services submitted under Section 592.039,
2098	2098	Health and Safety Code.
2099	2099	Sec. 523.0361 [531.994]. INVESTIGATION OF UNREPORTED
2100	2100	COMPLAINTS. If, during the investigation of a complaint, an
2101	2101	ombudsman discovers unreported violations of the commission's or
2102	2102	department's rules and policies, the ombudsman shall open a new
2103	2103	investigation for each unreported violation.
2104	2104	Sec. 523.0362 [531.995]. ACCESS TO INFORMATION. The
2105	2105	commission and department shall provide an ombudsman access to the
2106	2106	records that relate to a complaint the ombudsman is reviewing or
2107	2107	investigating.
2108	2108	Sec. 523.0363 [531.996]. COMMUNICATION AND
2109	2109	CONFIDENTIALITY. (a) A person may communicate with an ombudsman
2110	2110	relating to a complaint by telephone, by mail, by electronic mail,
2111	2111	or by any other means the ombudsman determines to be feasible,
2112	2112	secure, and accessible.
2113	2113	(b) A communication with an ombudsman is confidential
2114	2114	during an investigation or review of a complaint and remains
2115	2115	confidential after the complaint is resolved.
2116	2116	(c) The records of an ombudsman are confidential and must be
2117	2117	maintained in a manner that preserves the confidentiality of the
2118	2118	records.
2119	2119	(d) The disclosure of confidential information to an
2120	2120	ombudsman under this subchapter does not constitute a waiver of
2121	2121	confidentiality. Any information disclosed to the ombudsman under
2122	2122	this subchapter remains confidential and privileged following
2123	2123	disclosure.
2124	2124	(e) An ombudsman is not prohibited from communicating with
2125	2125	the commission or department regarding confidential information
2126	2126	disclosed to the ombudsman.
2127	2127	(f) An ombudsman may make reports relating to an
2128	2128	investigation of a complaint public after the complaint is
2129	2129	resolved. A report may not include information that identifies an
2130	2130	individual complainant, client, parent, or employee or any other
2131	2131	person involved in the complaint.
2132	2132	Sec. 523.0364 [531.997]. RETALIATION PROHIBITED. The
2133	2133	commission or department may not retaliate against an employee of
2134	2134	the commission or department, as applicable, or any other person
2135	2135	who in good faith makes a complaint to an ombudsman or against any
2136	2136	person who cooperates with the ombudsman in an investigation.
2137	2137	Sec. 523.0365 [531.998]. REPORT. (a) Each ombudsman shall
2138	2138	prepare an annual report that contains:
2139	2139	(1) a description of the ombudsman's work;
2140	2140	(2) any change made by the commission or department in
2141	2141	response to a substantiated complaint;
2142	2142	(3) a description of any trends in the nature of
2143	2143	complaints received by the ombudsman or any systemic issues
2144	2144	identified by the ombudsman in the investigation of individual
2145	2145	complaints, any recommendations related to addressing those trends
2146	2146	and issues, and an evaluation of the feasibility of the ombudsman's
2147	2147	recommendations;
2148	2148	(4) a glossary of terms used in the report;
2149	2149	(5) a description of the methods used to promote
2150	2150	awareness of the ombudsman under Section 523.0356(b) [531.993(b)]
2151	2151	and the ombudsman's promotion plan for the next year; and
2152	2152	(6) any public feedback received by the ombudsman
2153	2153	relating to the ombudsman's previous annual reports.
2154	2154	(b) Each report must be submitted to the governor, the
2155	2155	lieutenant governor, each standing committee of the legislature
2156	2156	with jurisdiction over matters involving the commission, each
2157	2157	member of the legislature, and the executive commissioner not later
2158	2158	than December 1 of each year. On receipt of the report, the
2159	2159	commission shall make the report publicly available on the
2160	2160	commission's Internet website.
2161	2161	(b) Section 523.0255, Government Code, as effective April
2162	2162	1, 2025, is repealed to conform to the transfer and redesignation of
2163	2163	Section 531.0171, Government Code, by Section 5, Chapter 741 (H.B.
2164	2164	3462), Acts of the 88th Legislature, Regular Session, 2023.
2165	2165	(c) Section 532.0303, Government Code, as effective April
2166	2166	1, 2025, is repealed to conform to the transfer and redesignation of
2167	2167	Section 531.0213, Government Code, by Section 10, Chapter 741 (H.B.
2168	2168	3462), Acts of the 88th Legislature, Regular Session, 2023.
2169	2169	(d) Section 547.0002, Government Code, as effective April
2170	2170	1, 2025, is repealed to conform to the transfer and redesignation of
2171	2171	Section 531.02251, Government Code, by Section 11, Chapter 741
2172	2172	(H.B. 3462), Acts of the 88th Legislature, Regular Session, 2023.
2173	2173	SECTION 8.020. (a) Section 525.0052(b), Government Code,
2174	2174	as effective April 1, 2025, is amended to conform to Section 2,
2175	2175	Chapter 1147 (S.B. 956), Acts of the 88th Legislature, Regular
2176	2176	Session, 2023, to read as follows:
2177	2177	(b) The executive commissioner shall:
2178	2178	(1) establish a federal money management system to
2179	2179	coordinate and monitor the use of federal money health and human
2180	2180	services agencies receive to ensure that the money is spent in the
2181	2181	most efficient manner;
2182	2182	(2) establish priorities for health and human services
2183	2183	agencies' use of federal money [in coordination with the
2184	2184	coordinated strategic plan the executive commissioner develops
2185	2185	under Section 525.0154];
2186	2186	(3) coordinate and monitor the use of federal money
2187	2187	for health and human services to ensure that the money is spent in
2188	2188	the most cost-effective manner throughout the health and human
2189	2189	services system;
2190	2190	(4) review and approve all federal funding plans for
2191	2191	health and human services in this state;
2192	2192	(5) estimate available federal money, including
2193	2193	earned federal money, and monitor unspent money;
2194	2194	(6) ensure that the state meets federal requirements
2195	2195	relating to receipt of federal money for health and human services,
2196	2196	including requirements relating to state matching money and
2197	2197	maintenance of effort;
2198	2198	(7) transfer appropriated amounts as described by
2199	2199	Section 525.0053; and
2200	2200	(8) ensure that each governmental entity that
2201	2201	coordinates the delivery of health and human services in regions,
2202	2202	counties, and municipalities of this state [the executive
2203	2203	commissioner identifies under Section 525.0155] has access to
2204	2204	complete and timely information about all sources of federal money
2205	2205	for health and human services programs and that technical
2206	2206	assistance is available to governmental entities seeking grants of
2207	2207	federal money to provide health and human services.
2208	2208	(b) Section 2, Chapter 1147 (S.B. 956), Acts of the 88th
2209	2209	Legislature, Regular Session, 2023, which amended Section
2210	2210	531.028(b), Government Code, is repealed.
2211	2211	SECTION 8.021. (a) Section 525.0151, Government Code, as
2212	2212	effective April 1, 2025, is amended to conform to Section 1, Chapter
2213	2213	1147 (S.B. 956), Acts of the 88th Legislature, Regular Session,
2214	2214	2023, to read as follows:
2215	2215	Sec. 525.0151. PLANNING AND DELIVERY OF HEALTH AND HUMAN
2216	2216	SERVICES GENERALLY. The executive commissioner shall:
2217	2217	(1) facilitate and enforce coordinated planning and
2218	2218	delivery of health and human services, including:
2219	2219	(A) [compliance with the coordinated strategic
2220	2220	plan;
2221	2221	[(B)] colocation of services;
2222	2222	(B) [(C)] integrated intake; and
2223	2223	(C) [(D)] coordinated referral and case
2224	2224	management;
2225	2225	(2) establish and enforce uniform regional boundaries
2226	2226	for all health and human services agencies;
2227	2227	(3) carry out statewide health and human services
2228	2228	needs surveys and forecasting;
2229	2229	(4) perform independent special-outcome evaluations
2230	2230	of health and human services programs and activities; and
2231	2231	(5) on request of a governmental entity that
2232	2232	coordinates the delivery of health and human services in regions,
2233	2233	counties, and municipalities of this state [the executive
2234	2234	commissioner identifies under Section 525.0155], assist the entity
2235	2235	in implementing a coordinated plan that:
2236	2236	(A) may include colocation of services,
2237	2237	integrated intake, and coordinated referral and case management;
2238	2238	and
2239	2239	(B) is tailored to the entity's needs and
2240	2240	priorities.
2241	2241	(b) Section 1, Chapter 1147 (S.B. 956), Acts of the 88th
2242	2242	Legislature, Regular Session, 2023, which amended Section
2243	2243	531.024(a), Government Code, is repealed.
2244	2244	SECTION 8.022. Sections 525.0154 and 525.0155, Government
2245	2245	Code, as effective April 1, 2025, are repealed to conform to the
2246	2246	repeal of Section 531.022, Government Code, by Section 6, Chapter
2247	2247	1147 (S.B. 956), Acts of the 88th Legislature, Regular Session,
2248	2248	2023.
2249	2249	SECTION 8.023. Subchapter L, Chapter 526, Government Code,
2250	2250	as effective April 1, 2025, is repealed to conform to Section 6,
2251	2251	Chapter 1033 (S.B. 24), Acts of the 88th Legislature, Regular
2252	2252	Session, 2023, which transferred and redesignated Subchapter X,
2253	2253	Chapter 531, Government Code.
2254	2254	SECTION 8.024. Section 531.0932, Government Code, is
2255	2255	transferred to Subchapter M, Chapter 526, Government Code, as
2256	2256	effective April 1, 2025, redesignated as Section 526.0604,
2257	2257	Government Code, and amended to conform to Chapter 769 (H.B. 4611),
2258	2258	Acts of the 88th Legislature, Regular Session, 2023, to read as
2259	2259	follows:
2260	2260	Sec. 526.0604 [531.0932]. INSTRUCTION GUIDE FOR FAMILY
2261	2261	MEMBERS AND CAREGIVERS OF VETERANS WHO HAVE MENTAL HEALTH
2262	2262	DISORDERS. (a) The commission and the Texas Veterans Commission
2263	2263	jointly shall produce and make publicly available an instruction
2264	2264	guide for family members and caregivers of veterans who have mental
2265	2265	health disorders.
2266	2266	(b) The instruction guide produced under this section must
2267	2267	include:
2268	2268	(1) general education about different mental health
2269	2269	disorders, including instruction intended to improve understanding
2270	2270	about the experience of individuals [persons] suffering from those
2271	2271	mental health disorders;
2272	2272	(2) techniques for handling crisis situations and
2273	2273	administering mental health first aid to individuals [persons]
2274	2274	suffering from mental health disorders;
2275	2275	(3) techniques for coping with the stress of living
2276	2276	with an individual [a person] with a mental health disorder; and
2277	2277	(4) information about related services available for
2278	2278	family members and caregivers of veterans who have mental health
2279	2279	disorders that are provided by the commission, the Texas Veterans
2280	2280	Commission, other state agencies, community organizations, and
2281	2281	mental health services providers.
2282	2282	(c) The commission and the Texas Veterans Commission each
2283	2283	shall publish the guide produced under this section on the
2284	2284	respective agency's Internet website.
2285	2285	SECTION 8.025. Subchapter M-2, Chapter 531, Government
2286	2286	Code, as added by Chapter 484 (H.B. 728), Acts of the 88th
2287	2287	Legislature, Regular Session, 2023, is transferred to Chapter 526,
2288	2288	Government Code, as effective April 1, 2025, redesignated as
2289	2289	Subchapter Q, Chapter 526, Government Code, and amended to conform
2290	2290	to Chapter 769 (H.B. 4611), Acts of the 88th Legislature, Regular
2291	2291	Session, 2023, to read as follows:
2292	2292	SUBCHAPTER Q [M-2]. STATEWIDE INTERAGENCY AGING SERVICES
2293	2293	COORDINATING COUNCIL
2294	2294	Sec. 526.0801 [531.491]. DEFINITIONS. In this subchapter:
2295	2295	(1) "Council" means the statewide interagency aging
2296	2296	services coordinating council.
2297	2297	(2) "Strategic plan" means the statewide interagency
2298	2298	aging services strategic plan required under Section 526.0807(1)
2299	2299	[531.497(1)].
2300	2300	Sec. 526.0802 [531.492]. PURPOSE. The council is
2301	2301	established to ensure a strategic statewide approach to interagency
2302	2302	aging services.
2303	2303	Sec. 526.0803 [531.493]. COMPOSITION OF COUNCIL. (a)
2304	2304	Subject to Subsection (b), the council is composed of at least one
2305	2305	representative appointed by each of the following agencies and
2306	2306	entities:
2307	2307	(1) the governor's office;
2308	2308	(2) the commission, including one representative of
2309	2309	the commission's aging services coordination office;
2310	2310	(3) the Department of Family and Protective Services;
2311	2311	(4) the Department of State Health Services;
2312	2312	(5) the Department of Agriculture's office of rural
2313	2313	health;
2314	2314	(6) the Texas Veterans Commission;
2315	2315	(7) the Texas Workforce Commission;
2316	2316	(8) the office of the attorney general;
2317	2317	(9) the Barshop Institute for Longevity and Aging
2318	2318	Studies at The University of Texas Health Science Center at San
2319	2319	Antonio;
2320	2320	(10) the Texas Aging and Longevity Consortium at The
2321	2321	University of Texas at Austin; and
2322	2322	(11) the Center for Community Health and Aging at
2323	2323	Texas A&M University.
2324	2324	(b) The executive commissioner shall determine the number
2325	2325	of representatives that each agency or entity may appoint to serve
2326	2326	on the council.
2327	2327	(c) The council may authorize another state agency or entity
2328	2328	that provides specific interagency aging services with the use of
2329	2329	appropriated money to appoint a representative to the council.
2330	2330	(d) A council member serves at the pleasure of the
2331	2331	appointing agency or entity.
2332	2332	Sec. 526.0804 [531.494]. TERMS; VACANCY. (a) Council
2333	2333	members serve six-year terms.
2334	2334	(b) A vacancy on the council shall be filled in the same
2335	2335	manner as the original appointment. A council member appointed to
2336	2336	fill a vacancy on the council shall serve the remainder of the
2337	2337	unexpired term.
2338	2338	Sec. 526.0805 [531.495]. PRESIDING OFFICER. The
2339	2339	representative of the commission's aging services coordination
2340	2340	office appointed under Section 526.0803(a) [531.493(a)] shall
2341	2341	serve as the presiding officer.
2342	2342	Sec. 526.0806 [531.496]. MEETINGS. The council shall meet
2343	2343	at least once quarterly or more frequently at the call of the
2344	2344	presiding officer.
2345	2345	Sec. 526.0807 [531.497]. POWERS AND DUTIES. The council:
2346	2346	(1) shall, in accordance with Section 526.0808
2347	2347	[531.498]:
2348	2348	(A) develop a recurring five-year statewide
2349	2349	interagency aging services strategic plan; and
2350	2350	(B) submit the strategic plan to the executive
2351	2351	commissioner and the administrative head of each agency subject to
2352	2352	the strategic plan;
2353	2353	(2) shall develop and, not later than November 1 of
2354	2354	each even-numbered year, submit to the legislature a biennial
2355	2355	coordinated statewide interagency aging services expenditure
2356	2356	proposal;
2357	2357	(3) shall annually publish an updated inventory of
2358	2358	state-funded interagency aging programs and services that includes
2359	2359	a description of how those programs and services further the
2360	2360	purpose of the statewide interagency aging services strategic plan;
2361	2361	(4) may facilitate opportunities to increase
2362	2362	collaboration for the effective expenditure of available federal
2363	2363	and state money for interagency aging services in this state; and
2364	2364	(5) may establish subcommittees as necessary to carry
2365	2365	out the council's duties under this subchapter.
2366	2366	Sec. 526.0808 [531.498]. RECURRING FIVE-YEAR STRATEGIC
2367	2367	PLAN AND RELATED IMPLEMENTATION PLANS. (a) Not later than March 1
2368	2368	of the last state fiscal year in each five-year period covered by
2369	2369	the most recent strategic plan, the council shall:
2370	2370	(1) develop a new strategic plan for the next five
2371	2371	state fiscal years that begins with the following fiscal year; and
2372	2372	(2) submit the new strategic plan to the executive
2373	2373	commissioner and the administrative head of each agency subject to
2374	2374	the strategic plan.
2375	2375	(b) Not later than the 90th day after receiving the
2376	2376	strategic plan, the executive commissioner and the administrative
2377	2377	head of each agency that is subject to the plan shall develop and
2378	2378	submit to the governor, the lieutenant governor, and the
2379	2379	legislature a plan for implementing the recommendations applicable
2380	2380	to the agency under the strategic plan. An implementation plan must
2381	2381	include a justification for any recommendation the commission or
2382	2382	other agency declines to implement.
2383	2383	Sec. 526.0809 [531.499]. APPLICATION OF SUNSET ACT. The
2384	2384	council is subject to Chapter 325 (Texas Sunset Act). The council
2385	2385	shall be reviewed during the period in which the commission is
2386	2386	reviewed under Section 523.0003 [531.004]. Unless continued in
2387	2387	existence as provided by Chapter 325, the council is abolished and
2388	2388	this subchapter expires on the date on which the commission is
2389	2389	subject to abolishment under that section.
2390	2390	SECTION 8.026. Section 531.02485, Government Code, is
2391	2391	transferred to Subchapter D, Chapter 532, Government Code, as
2392	2392	effective April 1, 2025, redesignated as Section 532.0157,
2393	2393	Government Code, and amended to conform to Chapter 769 (H.B. 4611),
2394	2394	Acts of the 88th Legislature, Regular Session, 2023, to read as
2395	2395	follows:
2396	2396	Sec. 532.0157 [531.02485]. REQUIRED REVIEW OF CRIMINAL
2397	2397	HISTORY RECORD INFORMATION FOR CERTAIN RESIDENTIAL CAREGIVERS. (a)
2398	2398	In this section, "residential caregiver" means an individual who
2399	2399	provides, through a group home or other residential facility
2400	2400	licensed by or operated under the authority of the commission,
2401	2401	community-based residential care services:
2402	2402	(1) to not more than four individuals with an
2403	2403	intellectual or developmental disability at any time; and
2404	2404	(2) at a residence other than the home of the
2405	2405	individual providing the services.
2406	2406	(b) A Medicaid provider, including a provider providing
2407	2407	services under a 1915(c) waiver program, that employs or contracts
2408	2408	with a residential caregiver to provide community-based
2409	2409	residential care services to [Medicaid] recipients shall review
2410	2410	state and federal criminal history record information and obtain
2411	2411	electronic updates from the Department of Public Safety of arrests
2412	2412	and convictions for each residential caregiver the provider employs
2413	2413	or contracts with to provide community-based residential care
2414	2414	services to [Medicaid] recipients.
2415	2415	(c) An individual who has been convicted of an offense
2416	2416	described by Section 250.006, Health and Safety Code, may not be
2417	2417	employed or contracted as a residential caregiver or otherwise
2418	2418	provide direct care to a [Medicaid] recipient with an intellectual
2419	2419	or developmental disability to the same extent and, if applicable,
2420	2420	for the same period of time prescribed by Section 250.006(a) or (b),
2421	2421	Health and Safety Code, as an individual similarly convicted under
2422	2422	those subsections. An individual who violates this subsection is
2423	2423	subject to disciplinary action by the commission.
2424	2424	(d) A Medicaid provider shall immediately discharge any
2425	2425	individual the provider employs or contracts with as a residential
2426	2426	caregiver who is convicted of an offense described by Section
2427	2427	250.006, Health and Safety Code.
2428	2428	(e) Notwithstanding any other law, the commission shall
2429	2429	take disciplinary action against a Medicaid provider that violates
2430	2430	this section, including imposing an administrative penalty or
2431	2431	vendor hold, terminating a contract or license, or any other
2432	2432	disciplinary action the commission determines appropriate. In
2433	2433	determining the appropriate disciplinary action to take against a
2434	2434	Medicaid provider under this subsection, the commission shall
2435	2435	consider:
2436	2436	(1) the nature and seriousness of the violation;
2437	2437	(2) the history of previous violations; and
2438	2438	(3) any other matter justice may require.
2439	2439	(f) The executive commissioner shall adopt rules necessary
2440	2440	to implement this section.
2441	2441	SECTION 8.027. Section 531.02486, Government Code, is
2442	2442	transferred to Subchapter D, Chapter 532, Government Code, as
2443	2443	effective April 1, 2025, redesignated as Section 532.0158,
2444	2444	Government Code, amended to conform to Chapter 769 (H.B. 4611),
2445	2445	Acts of the 88th Legislature, Regular Session, 2023, and further
2446	2446	amended to read as follows:
2447	2447	Sec. 532.0158 [531.02486]. SUSPENDING EMPLOYMENT OF
2448	2448	CERTAIN RESIDENTIAL CAREGIVERS. (a) In this section:
2449	2449	(1) "Consumer-directed service option" has the
2450	2450	meaning assigned by Section 546.0101 [531.051].
2451	2451	(2) "Reportable conduct" includes:
2452	2452	(A) abuse or neglect that causes or may cause
2453	2453	death or harm to an individual using the consumer-directed service
2454	2454	option or a resident;
2455	2455	(B) sexual abuse of an individual using the
2456	2456	consumer-directed service option or a resident;
2457	2457	(C) financial exploitation of an individual
2458	2458	using the consumer-directed service option or a resident in an
2459	2459	amount of $25 or more; and
2460	2460	(D) emotional, verbal, or psychological abuse
2461	2461	that causes harm to an individual using the consumer-directed
2462	2462	service option or a resident.
2463	2463	(3) "Resident" means an individual residing in a group
2464	2464	home or other residential facility who is receiving services from a
2465	2465	residential caregiver.
2466	2466	(4) "Residential caregiver" has the meaning assigned
2467	2467	by Section 532.0157 [531.02485].
2468	2468	(b) A Medicaid provider, including a provider providing
2469	2469	services under a Section 1915(c) waiver program, who employs or
2470	2470	contracts with a residential caregiver to provide community-based
2471	2471	residential care services through a group home or other residential
2472	2472	facility described by Subsection (a)(4), on receiving notice of the
2473	2473	reportable conduct finding, shall immediately suspend the
2474	2474	employment or contract of an individual the provider employs or
2475	2475	contracts with as a residential caregiver who the commission finds
2476	2476	has engaged in reportable conduct while the individual exhausts any
2477	2477	applicable appeals process, including informal and formal appeals,
2478	2478	pending a final decision by an administrative law judge. The
2479	2479	provider may not reinstate the individual's employment or contract
2480	2480	during the course of any appeals process.
2481	2481	(c) Notwithstanding any other law, the commission shall
2482	2482	take disciplinary action against a Medicaid provider that violates
2483	2483	Subsection (b), including imposing an administrative penalty or
2484	2484	vendor hold, terminating a contract or license, or any other
2485	2485	disciplinary action the commission determines appropriate. In
2486	2486	determining the appropriate disciplinary action to take against a
2487	2487	Medicaid provider under this subsection, the commission shall
2488	2488	consider:
2489	2489	(1) the nature and seriousness of the violation;
2490	2490	(2) the history of previous violations; and
2491	2491	(3) any other matter justice may require.
2492	2492	(d) The executive commissioner shall adopt rules necessary
2493	2493	to implement this section.
2494	2494	SECTION 8.028. Subchapter Q, Chapter 531, Government Code,
2495	2495	is transferred to Chapter 532, Government Code, as effective April
2496	2496	1, 2025, redesignated as Subchapter K, Chapter 532, Government
2497	2497	Code, and amended to conform to Chapter 769 (H.B. 4611), Acts of the
2498	2498	88th Legislature, Regular Session, 2023, to read as follows:
2499	2499	SUBCHAPTER K [Q]. CASE MANAGEMENT SERVICES FOR CERTAIN PREGNANT
2500	2500	WOMEN
2501	2501	Sec. 532.0501 [531.651]. DEFINITIONS. In this subchapter:
2502	2502	(1) "Case management for children and pregnant women
2503	2503	program" means the "children and pregnant women program," as
2504	2504	defined by Section 540.0702 [533.002555].
2505	2505	(2) "Nonmedical health-related needs screening" means
2506	2506	a screening performed using the standardized screening questions
2507	2507	required under Section 545.0058 [531.024183].
2508	2508	(3) "Program services" means case management services
2509	2509	provided under the case management for children and pregnant women
2510	2510	program, including assistance provided to a Medicaid managed care
2511	2511	organization in coordinating the provision of benefits to a
2512	2512	recipient enrolled in the organization's managed care plan in a
2513	2513	manner that is consistent with the recipient's plan of care.
2514	2514	Sec. 532.0502 [531.652]. MEDICAID MANAGED CARE
2515	2515	ORGANIZATION SERVICE COORDINATION BENEFITS NOT AFFECTED. The
2516	2516	provision of program services to a recipient does not preempt or
2517	2517	otherwise affect a Medicaid managed care organization's obligation
2518	2518	to provide service coordination benefits to the recipient.
2519	2519	Sec. 532.0503 [531.653]. CASE MANAGEMENT FOR CHILDREN AND
2520	2520	PREGNANT WOMEN PROGRAM: PROVIDER QUALIFICATIONS. Program services
2521	2521	may be provided only by a provider who completes the standardized
2522	2522	case management training required by the commission under Section
2523	2523	532.0504 [531.654] and who is:
2524	2524	(1) an advanced practice nurse who holds a license,
2525	2525	other than a provisional or temporary license, under Chapter 301,
2526	2526	Occupations Code;
2527	2527	(2) a registered nurse who holds a license, other than
2528	2528	a provisional or temporary license, under Chapter 301, Occupations
2529	2529	Code, and:
2530	2530	(A) completed a baccalaureate degree program in
2531	2531	nursing; or
2532	2532	(B) completed an associate degree program in
2533	2533	nursing and has:
2534	2534	(i) at least two years of cumulative paid
2535	2535	full-time work experience; or
2536	2536	(ii) at least two years of cumulative,
2537	2537	supervised full-time educational internship or practicum
2538	2538	experience obtained in the last 10 years that included assessing
2539	2539	the psychosocial and health needs of and making community referrals
2540	2540	of:
2541	2541	(a) children who are 21 years of age
2542	2542	or younger; or
2543	2543	(b) pregnant women;
2544	2544	(3) a social worker who holds a license, other than a
2545	2545	provisional or temporary license, under Chapter 505, Occupations
2546	2546	Code, appropriate for the individual's practice, including the
2547	2547	practice of independent social work;
2548	2548	(4) a community health worker as defined by Section
2549	2549	48.001, Health and Safety Code, who is certified by the Department
2550	2550	of State Health Services; or
2551	2551	(5) a doula who is certified by a recognized national
2552	2552	certification program, as determined by the commission, unless the
2553	2553	doula qualifies as a certified community health worker under
2554	2554	Subdivision (4).
2555	2555	Sec. 532.0504 [531.654]. CASE MANAGEMENT FOR CHILDREN AND
2556	2556	PREGNANT WOMEN PROGRAM: PROVIDER TRAINING. The commission shall
2557	2557	require that each provider of program services complete training
2558	2558	prescribed by the commission. The training must be trauma-informed
2559	2559	and include instruction on:
2560	2560	(1) social services provided by this state and local
2561	2561	governments in this state;
2562	2562	(2) community assistance programs, including programs
2563	2563	providing:
2564	2564	(A) nutrition and housing assistance;
2565	2565	(B) counseling and parenting services;
2566	2566	(C) substance use disorder treatment; and
2567	2567	(D) domestic violence assistance and shelter;
2568	2568	(3) domestic violence and coercive control dynamics;
2569	2569	(4) methods for explaining and eliciting an eligible
2570	2570	recipient's informed consent to receive:
2571	2571	(A) program services screening; and
2572	2572	(B) any services that may be offered as a result
2573	2573	of the screening; and
2574	2574	(5) procedures for:
2575	2575	(A) an eligible recipient to:
2576	2576	(i) decline program services screening; or
2577	2577	(ii) withdraw consent for offered services;
2578	2578	and
2579	2579	(B) ensuring that the recipient is not subject to
2580	2580	any retaliatory action for declining or discontinuing any
2581	2581	screenings or services.
2582	2582	Sec. 532.0505 [531.655]. INITIAL MEDICAL AND NONMEDICAL
2583	2583	HEALTH-RELATED SCREENINGS OF CERTAIN RECIPIENTS. (a) A Medicaid
2584	2584	managed care organization that provides health care services to a
2585	2585	pregnant woman under the STAR Medicaid managed care program shall
2586	2586	conduct an initial health needs screening and nonmedical
2587	2587	health-related needs screening of each pregnant recipient to
2588	2588	determine, regardless of whether the recipient is considered to
2589	2589	have a high-risk pregnancy, if the recipient:
2590	2590	(1) is eligible for service coordination benefits to
2591	2591	be provided by the managed care organization; or
2592	2592	(2) should be referred for program services.
2593	2593	(b) Service coordination benefits described by Subsection
2594	2594	(a) must include identifying and coordinating the provision of
2595	2595	non-covered services, community supports, and other resources the
2596	2596	Medicaid managed care organization determines will improve the
2597	2597	recipient's health outcomes.
2598	2598	(c) A Medicaid managed care organization must use the
2599	2599	results of the screenings conducted under Subsection (a) to
2600	2600	determine if a recipient requires a more comprehensive assessment
2601	2601	for purposes of determining whether the recipient is eligible for
2602	2602	service coordination benefits or program services.
2603	2603	Sec. 532.0506 [531.656]. SCREENING AND PROGRAM SERVICES
2604	2604	OPTIONAL. A Medicaid managed care organization providing
2605	2605	screenings under Section 532.0505 [531.655] must inform each
2606	2606	pregnant woman who is referred for program services or for whom
2607	2607	screening is conducted under that section that:
2608	2608	(1) the woman has a right to decline the screening or
2609	2609	services or choose to discontinue the screening or services at any
2610	2610	time; and
2611	2611	(2) declining or discontinuing the screening or
2612	2612	services will not result in retaliatory action against the woman in
2613	2613	the provision of other services.
2614	2614	SECTION 8.029. (a) Section 540.0056, Government Code, as
2615	2615	effective April 1, 2025, is amended to conform to Section 1, Chapter
2616	2616	582 (H.B. 2802), Acts of the 88th Legislature, Regular Session,
2617	2617	2023, to read as follows:
2618	2618	Sec. 540.0056. GUIDELINES FOR COMMUNICATIONS WITH
2619	2619	RECIPIENTS. (a) The executive commissioner shall adopt and
2620	2620	publish guidelines for Medicaid managed care organizations
2621	2621	regarding how an organization may communicate by telephone, text
2622	2622	message, or e-mail with a recipient enrolled in the organization's
2623	2623	Medicaid managed care plan using the contact information provided
2624	2624	in the recipient's application for Medicaid benefits under Section
2625	2625	32.025(g)(2), Human Resources Code, including updated information
2626	2626	provided to the organization in accordance with Section 32.025(h),
2627	2627	Human Resources Code.
2628	2628	(b) In adopting the guidelines under Subsection (a) for a
2629	2629	recipient enrolled in a Medicaid managed care organization's
2630	2630	managed care plan who provides to the organization the recipient's
2631	2631	contact information through any method other than the recipient's
2632	2632	Medicaid application, the commission:
2633	2633	(1) must allow the organization to communicate with
2634	2634	the recipient through any electronic means, including telephone,
2635	2635	text message, and e-mail, regarding eligibility, enrollment, and
2636	2636	other health care matters; and
2637	2637	(2) may not require the organization to submit the
2638	2638	recipient's contact preference information to the commission.
2639	2639	(b) Section 1, Chapter 582 (H.B. 2802), Acts of the 88th
2640	2640	Legislature, Regular Session, 2023, which amended Section 533.008,
2641	2641	Government Code, is repealed.
2642	2642	SECTION 8.030. Section 533.021, Government Code, is
2643	2643	transferred to Subchapter C, Chapter 540, Government Code, as
2644	2644	effective April 1, 2025, redesignated as Section 540.0104,
2645	2645	Government Code, and amended to read as follows:
2646	2646	Sec. 540.0104 [533.021]. TREATMENT AS QUALITY IMPROVEMENT
2647	2647	COST OF CERTAIN SERVICES PROVIDED BY COMMUNITY HEALTH WORKERS. (a)
2648	2648	In this section, "community health worker" has the meaning assigned
2649	2649	by Section 48.001, Health and Safety Code.
2650	2650	(b) The commission shall allow each Medicaid managed care
2651	2651	organization providing health care services under the STAR Medicaid
2652	2652	managed care program to categorize services provided by a community
2653	2653	health worker as a quality improvement cost, as authorized by
2654	2654	federal law, instead of as an administrative expense.
2655	2655	SECTION 8.031. (a) Section 540.0273(b), Government Code,
2656	2656	as effective April 1, 2025, is amended to conform to Section 1,
2657	2657	Chapter 491 (H.B. 1283), Acts of the 88th Legislature, Regular
2658	2658	Session, 2023, to read as follows:
2659	2659	(b) The requirements imposed by Subsections (a)(1)-(3) do
2660	2660	not apply, and may not be enforced, on and after August 31, 2033
2661	2661	[2023].
2662	2662	(b) Section 1, Chapter 491 (H.B. 1283), Acts of the 88th
2663	2663	Legislature, Regular Session, 2023, which amended Section
2664	2664	533.005(a-1), Government Code, is repealed.
2665	2665	SECTION 8.032. Section 533.0091, Government Code, is
2666	2666	transferred to Subchapter O, Chapter 540, Government Code, as
2667	2667	effective April 1, 2025, and redesignated as Section 540.0714,
2668	2668	Government Code, to read as follows:
2669	2669	Sec. 540.0714 [533.0091]. SICKLE CELL DISEASE TREATMENT.
2670	2670	To the extent possible, the commission shall:
2671	2671	(1) in collaboration with the sickle cell task force
2672	2672	established under Chapter 52, Health and Safety Code:
2673	2673	(A) support initiatives to assist managed care
2674	2674	plans in promoting timely, evidence-informed health care services
2675	2675	to plan enrollees diagnosed with sickle cell disease to ensure the
2676	2676	services reflect national clinical practice guidelines and
2677	2677	protocols for sickle cell disease treatment and meet medical
2678	2678	necessity criteria; and
2679	2679	(B) address sickle cell disease education for
2680	2680	Medicaid providers, including emergency department providers, by
2681	2681	collaborating with medical specialty organizations in this state,
2682	2682	state agencies, and health-related institutions to promote
2683	2683	existing or new continuing education courses or facilitate
2684	2684	development of any necessary new courses to improve the diagnosis,
2685	2685	treatment, and management of sickle cell disease and the personal
2686	2686	treatment of patients with sickle cell disease; and
2687	2687	(2) use the commission's existing data to identify
2688	2688	opportunities for improving health outcomes of recipients
2689	2689	diagnosed with sickle cell disease by:
2690	2690	(A) reducing hospital admissions and
2691	2691	readmissions; and
2692	2692	(B) connecting those recipients to a sickle cell
2693	2693	disease health home or sickle cell disease expert.
2694	2694	SECTION 8.033. Subchapter C, Chapter 533, Government Code,
2695	2695	is transferred to Chapter 540, Government Code, as effective April
2696	2696	1, 2025, and redesignated as Subchapter S, Chapter 540, Government
2697	2697	Code, to read as follows:
2698	2698	SUBCHAPTER S [C]. PRESCRIPTION DRUG BENEFITS UNDER CERTAIN
2699	2699	OUTPATIENT PHARMACY BENEFIT PLANS
2700	2700	Sec. 540.0901 [533.071]. PREFERRED DRUG LIST EXCEPTIONS.
2701	2701	(a) The commission shall adopt rules allowing exceptions to the
2702	2702	preferred drug list if:
2703	2703	(1) the drug required under the preferred drug list:
2704	2704	(A) is contraindicated;
2705	2705	(B) will likely cause an adverse reaction in or
2706	2706	physical or mental harm to the recipient; or
2707	2707	(C) is expected to be ineffective based on the
2708	2708	known clinical characteristics of the recipient and the known
2709	2709	characteristics of the prescription drug regimen;
2710	2710	(2) the recipient previously discontinued taking the
2711	2711	preferred drug at any point in the recipient's clinical history and
2712	2712	for any length of time because the drug:
2713	2713	(A) was not effective;
2714	2714	(B) had a diminished effect; or
2715	2715	(C) resulted in an adverse event;
2716	2716	(3) the recipient was prescribed and is taking a
2717	2717	nonpreferred drug in the antidepressant or antipsychotic drug class
2718	2718	and the recipient:
2719	2719	(A) was prescribed the nonpreferred drug before
2720	2720	being discharged from an inpatient facility;
2721	2721	(B) is stable on the nonpreferred drug; and
2722	2722	(C) is at risk of experiencing complications from
2723	2723	switching from the nonpreferred drug to another drug; or
2724	2724	(4) the preferred drug is not available for reasons
2725	2725	outside of the Medicaid managed care organization's control,
2726	2726	including because:
2727	2727	(A) the drug is in short supply according to the
2728	2728	Food and Drug Administration Drug Shortages Database; or
2729	2729	(B) the drug's manufacturer has placed the drug
2730	2730	on backorder or allocation.
2731	2731	(b) An exception provided under this section does not
2732	2732	subject the Medicaid managed care plan to liquidated damages for
2733	2733	failing to comply with the preferred drug list.
2734	2734	SECTION 8.034. (a) Section 540A.0051(c), Government Code,
2735	2735	as effective April 1, 2025, is amended to conform to Section 45,
2736	2736	Chapter 644 (H.B. 4559), Acts of the 88th Legislature, Regular
2737	2737	Session, 2023, to read as follows:
2738	2738	(c) The commission may not delay providing medical
2739	2739	transportation program services through a managed transportation
2740	2740	delivery model in:
2741	2741	(1) a county with a population of one million
2742	2742	[750,000] or more:
2743	2743	(A) in which all or part of a municipality with a
2744	2744	population of one million or more is located; and
2745	2745	(B) that is located adjacent to a county with a
2746	2746	population of 2.5 [two] million or more; or
2747	2747	(2) a county with a population of at least 60,000
2748	2748	[55,000] but not more than 70,000 [65,000] that is located adjacent
2749	2749	to a county with a population of at least 500,000 but not more than
2750	2750	1.5 million.
2751	2751	(b) Section 45, Chapter 644 (H.B. 4559), Acts of the 88th
2752	2752	Legislature, Regular Session, 2023, which amended Section
2753	2753	533.00257(j), Government Code, is repealed.
2754	2754	SECTION 8.035. (a) Section 544.0107(c), Government Code, as
2755	2755	effective April 1, 2025, is amended to conform to Section 2.096,
2756	2756	Chapter 765 (H.B. 4504), Acts of the 88th Legislature, Regular
2757	2757	Session, 2023, to read as follows:
2758	2758	(c) A peace officer the office of inspector general employs
2759	2759	and commissions:
2760	2760	(1) is a peace officer for purposes of Article 2A.001
2761	2761	[2.12], Code of Criminal Procedure; and
2762	2762	(2) shall obtain the office of the attorney general's
2763	2763	prior approval before carrying out any duties requiring peace
2764	2764	officer status.
2765	2765	(b) Section 2.096, Chapter 765 (H.B. 4504), Acts of the 88th
2766	2766	Legislature, Regular Session, 2023, which amended Section
2767	2767	531.1022(c), Government Code, is repealed.
2768	2768	SECTION 8.036. Section 531.1025(c), Government Code, as
2769	2769	added by Chapter 1035 (S.B. 26), Acts of the 88th Legislature,
2770	2770	Regular Session, 2023, is transferred to Subchapter C, Chapter 544,
2771	2771	Government Code, as effective April 1, 2025, redesignated as
2772	2772	Section 544.01091, Government Code, and amended to read as follows:
2773	2773	Sec. 544.01091. PERFORMANCE AND FINANCIAL AUDITS OF LOCAL
2774	2774	BEHAVIORAL HEALTH AUTHORITIES AND LOCAL MENTAL HEALTH AUTHORITIES.
2775	2775	[(c)] The [commission's] office of inspector general shall
2776	2776	conduct performance audits and require financial audits to be
2777	2777	conducted of each local behavioral health authority designated
2778	2778	under Section 533.0356, Health and Safety Code, and local mental
2779	2779	health authority, as defined by Section 531.002, Health and Safety
2780	2780	Code. The office shall:
2781	2781	(1) establish a performance audit schedule that
2782	2782	ensures the office audits each authority described by this
2783	2783	subsection at least once every five years;
2784	2784	(2) establish a financial audit schedule that ensures
2785	2785	each authority described by this subsection:
2786	2786	(A) undergoes a financial audit conducted by an
2787	2787	independent auditor at least once every three years; and
2788	2788	(B) submits to the office the results of the
2789	2789	financial audit; and
2790	2790	(3) require additional audits to be conducted as
2791	2791	necessary based on adverse findings in a previous audit or as
2792	2792	requested by the commission.
2793	2793	SECTION 8.037. (a) Section 545.0052(a), Government Code,
2794	2794	as effective April 1, 2025, is amended to conform to Section 1,
2795	2795	Chapter 1098 (S.B. 1342), Acts of the 88th Legislature, Regular
2796	2796	Session, 2023, to read as follows:
2797	2797	(a) If cost-effective, the commission may:
2798	2798	(1) contract to expand all or part of the billing
2799	2799	coordination system established under Section 532.0058 to process
2800	2800	claims for services provided through other benefits programs the
2801	2801	commission or a health and human services agency administers;
2802	2802	(2) expand any other billing coordination tools and
2803	2803	resources used to process claims for health care services provided
2804	2804	through Medicaid to process claims for services provided through
2805	2805	other benefits programs the commission or a health and human
2806	2806	services agency administers; and
2807	2807	(3) expand the scope of individuals about whom
2808	2808	information is collected under Section 32.0424(a) [32.042], Human
2809	2809	Resources Code, to include recipients of services provided through
2810	2810	other benefits programs the commission or a health and human
2811	2811	services agency administers.
2812	2812	(b) Section 1, Chapter 1098 (S.B. 1342), Acts of the 88th
2813	2813	Legislature, Regular Session, 2023, which amended Section
2814	2814	531.024131(a), Government Code, is repealed.
2815	2815	SECTION 8.038. Section 531.024183, Government Code, is
2816	2816	transferred to Subchapter B, Chapter 545, Government Code, as
2817	2817	effective April 1, 2025, redesignated as Section 545.0058,
2818	2818	Government Code, and amended to conform to Chapter 769 (H.B. 4611),
2819	2819	Acts of the 88th Legislature, Regular Session, 2023, to read as
2820	2820	follows:
2821	2821	Sec. 545.0058 [531.024183]. STANDARDIZED SCREENING
2822	2822	QUESTIONS FOR ASSESSING NONMEDICAL HEALTH-RELATED NEEDS OF CERTAIN
2823	2823	PREGNANT WOMEN; INFORMED CONSENT. (a) In this section,
2824	2824	"alternatives to abortion program" means the program established by
2825	2825	the commission to enhance and increase resources that promote
2826	2826	childbirth for women facing unplanned pregnancy, or a successor
2827	2827	program.
2828	2828	(b) The commission shall adopt standardized screening
2829	2829	questions designed to screen for, identify, and aggregate data
2830	2830	regarding the nonmedical health-related needs of pregnant women
2831	2831	eligible for benefits under a public benefits program administered
2832	2832	by the commission or another health and human services agency,
2833	2833	including:
2834	2834	(1) Medicaid; and
2835	2835	(2) the alternatives to abortion program.
2836	2836	(c) Subject to Subsection (d), the standardized screening
2837	2837	questions must be used by Medicaid managed care organizations and
2838	2838	providers participating in the alternatives to abortion program.
2839	2839	(d) A managed care organization or provider participating
2840	2840	in a public benefits program described by Subsection (b), including
2841	2841	the alternatives to abortion program, may not perform a screening
2842	2842	of a pregnant woman using the standardized screening questions
2843	2843	required by this section unless the organization or provider:
2844	2844	(1) informs the woman:
2845	2845	(A) about the type of data that will be collected
2846	2846	during the screening and the purposes for which the data will be
2847	2847	used; and
2848	2848	(B) that the collected data will become part of
2849	2849	the woman's medical record or service plan; and
2850	2850	(2) obtains the woman's informed consent to perform
2851	2851	the screening.
2852	2852	(e) A managed care organization or provider participating
2853	2853	in a public benefits program described by Subsection (b), including
2854	2854	the alternatives to abortion program, must provide to the
2855	2855	commission, in the form and manner prescribed by the commission,
2856	2856	data the organization or provider collects using the standardized
2857	2857	screening questions required by this section.
2858	2858	(f) Not later than December 1 of each even-numbered year,
2859	2859	the commission shall prepare and submit to the legislature a report
2860	2860	that, using de-identified information, summarizes the data
2861	2861	collected and provided to the commission under Subsection (e)
2862	2862	during the previous biennium. In accordance with Section 525.0302
2863	2863	[531.014], the commission may consolidate the report required under
2864	2864	this subsection with any other report to the legislature required
2865	2865	under this chapter or another law that relates to the same subject
2866	2866	matter.
2867	2867	SECTION 8.039. Section 531.02119, Government Code, is
2868	2868	transferred to Subchapter E, Chapter 545, Government Code, as
2869	2869	effective April 1, 2025, redesignated as Section 545.0205,
2870	2870	Government Code, and amended to read as follows:
2871	2871	Sec. 545.0205 [531.02119]. DISCRIMINATION BASED ON
2872	2872	IMMUNIZATION STATUS PROHIBITED. (a) A provider who participates
2873	2873	in Medicaid or the child health plan program, including a provider
2874	2874	participating in the provider network of a managed care
2875	2875	organization that contracts with the commission to provide services
2876	2876	under Medicaid or the child health plan program, may not refuse to
2877	2877	provide health care services to a Medicaid recipient or child
2878	2878	health plan program enrollee based solely on the recipient's or
2879	2879	enrollee's refusal or failure to obtain a vaccine or immunization
2880	2880	for a particular infectious or communicable disease.
2881	2881	(b) [(a-1)] Notwithstanding Subsection (a), a provider is
2882	2882	not in violation of this section if the provider:
2883	2883	(1) adopts a policy requiring some or all of the
2884	2884	provider's patients, including patients who are Medicaid
2885	2885	recipients or child health plan program enrollees, to be vaccinated
2886	2886	or immunized against a particular infection or communicable disease
2887	2887	to receive health care services from the provider; and
2888	2888	(2) provides an exemption to the policy described by
2889	2889	Subdivision (1) under which the provider accepts from a patient who
2890	2890	is a Medicaid recipient or child health plan program enrollee an
2891	2891	oral or written request for an exemption from each required
2892	2892	vaccination or immunization based on:
2893	2893	(A) a reason of conscience, including a sincerely
2894	2894	held religious belief, observance, or practice, that is
2895	2895	incompatible with the administration of the vaccination or
2896	2896	immunization; or
2897	2897	(B) a recognized medical condition for which the
2898	2898	vaccination or immunization is contraindicated.
2899	2899	(c) [(b)] The commission may not provide any reimbursement
2900	2900	under Medicaid or the child health plan program, as applicable, to a
2901	2901	provider who violates this section unless and until the commission
2902	2902	finds that the provider is in compliance with this section.
2903	2903	(d) [(c)] Subsection (c) [(b)] applies only with respect to
2904	2904	an individual physician. The commission may not refuse to provide
2905	2905	reimbursement to a provider who did not violate this section based
2906	2906	on that provider's membership in a provider group or medical
2907	2907	organization with an individual physician who violated this
2908	2908	section.
2909	2909	(e) [(d)] This section does not apply to a provider who is a
2910	2910	specialist in:
2911	2911	(1) oncology; or
2912	2912	(2) organ transplant services.
2913	2913	(f) [(e)] The executive commissioner shall adopt rules
2914	2914	necessary to implement this section, including rules establishing
2915	2915	the right of a provider who is alleged to have violated this section
2916	2916	to seek administrative and judicial review of the alleged
2917	2917	violation.
2918	2918	SECTION 8.040. (a) Section 546.0505, Government Code, as
2919	2919	effective April 1, 2025, is amended to conform to Section 1, Chapter
2920	2920	738 (H.B. 3265), Acts of the 88th Legislature, Regular Session,
2921	2921	2023, to read as follows:
2922	2922	Sec. 546.0505. QUARTERLY REPORT. The [Not later than the
2923	2923	30th day after the last day of each state fiscal quarter, the]
2924	2924	commission shall submit to the governor, the lieutenant governor,
2925	2925	the speaker of the house of representatives, the Legislative Budget
2926	2926	Board, and each standing legislative committee with primary
2927	2927	jurisdiction over Medicaid a semiannual report containing, for the
2928	2928	preceding six-month period [most recent state fiscal quarter], the
2929	2929	following information and data related to access to care for
2930	2930	recipients receiving benefits under the medically dependent
2931	2931	children (MDCP) waiver program:
2932	2932	(1) enrollment in the Medicaid buy-in for children
2933	2933	program implemented under Section 532.0353;
2934	2934	(2) requests relating to interest list placements
2935	2935	under Section 546.0455;
2936	2936	(3) use of the Medicaid escalation help line
2937	2937	established under Subchapter R, Chapter 540, if the help line was
2938	2938	operational during the applicable six-month period [state fiscal
2939	2939	quarter];
2940	2940	(4) use of, requests for, and outcomes of the external
2941	2941	medical review procedure established under Section 532.0404; and
2942	2942	(5) complaints relating to the medically dependent
2943	2943	children (MDCP) waiver program, categorized by disposition.
2944	2944	(b) Section 1, Chapter 738 (H.B. 3265), Acts of the 88th
2945	2945	Legislature, Regular Session, 2023, which amended Section
2946	2946	531.06021(b), Government Code, is repealed.
2947	2947	SECTION 8.041. Section 531.09936, Government Code, is
2948	2948	transferred to Subchapter A, Chapter 547, Government Code, as
2949	2949	effective April 1, 2025, and redesignated as Section 547.0006,
2950	2950	Government Code, to read as follows:
2951	2951	Sec. 547.0006 [531.09936]. ESTABLISHMENT OR EXPANSION OF
2952	2952	REGIONAL BEHAVIORAL HEALTH CENTERS OR JAIL DIVERSION CENTERS. (a)
2953	2953	In this section:
2954	2954	(1) "Governmental entity" means this state, a
2955	2955	political subdivision of this state, or an agency of this state or a
2956	2956	political subdivision of this state.
2957	2957	(2) "Local mental health authority" has the meaning
2958	2958	assigned by Section 531.002, Health and Safety Code.
2959	2959	(3) "Nonprofit organization" means an organization
2960	2960	that is exempt from federal income taxation under Section 501(a),
2961	2961	Internal Revenue Code of 1986, by being listed as an exempt entity
2962	2962	under Section 501(c)(3) of that code.
2963	2963	(b) To the extent money is appropriated to the commission
2964	2964	for that purpose, the commission, in cooperation with local mental
2965	2965	health authorities located primarily in rural areas of this state,
2966	2966	shall contract with nonprofit organizations or governmental
2967	2967	entities to establish or expand behavioral health centers or jail
2968	2968	diversion centers in the authorities' local service areas to:
2969	2969	(1) provide additional forensic hospital beds and
2970	2970	competency restoration services;
2971	2971	(2) provide inpatient and outpatient mental health
2972	2972	services to adults and children; and
2973	2973	(3) provide services to reduce recidivism and the
2974	2974	frequency of arrest, incarceration, and emergency detentions among
2975	2975	persons with mental illness in the service areas.
2976	2976	(c) The executive commissioner shall develop criteria for
2977	2977	the evaluation of applications or proposals submitted by a
2978	2978	nonprofit organization or governmental entity seeking to contract
2979	2979	with the commission under this section.
2980	2980	(d) This section may not be construed to affect a grant
2981	2981	program established by the commission under this code.
2982	2982	SECTION 8.042. (a) Section 547.0254, Government Code, as
2983	2983	effective April 1, 2025, is amended to conform to Section 1, Chapter
2984	2984	944 (S.B. 1677), Acts of the 88th Legislature, Regular Session,
2985	2985	2023, and further amended to conform to Chapter 769 (H.B. 4611),
2986	2986	Acts of the 88th Legislature, Regular Session, 2023, to read as
2987	2987	follows:
2988	2988	Sec. 547.0254. SELECTION OF RECIPIENTS; APPLICATIONS AND
2989	2989	PROPOSALS. (a) The commission shall select grant recipients based
2990	2990	on the submission of applications or proposals by nonprofit and
2991	2991	governmental entities. The executive commissioner shall develop
2992	2992	criteria for evaluating those applications or proposals and the
2993	2993	selection of grant recipients. The selection criteria must:
2994	2994	(1) evaluate and score:
2995	2995	(A) fiscal controls for the project;
2996	2996	(B) project effectiveness;
2997	2997	(C) project cost; and
2998	2998	(D) an applicant's previous experience with
2999	2999	grants and contracts;
3000	3000	(2) address whether the services proposed in the
3001	3001	application or proposal would duplicate services already available
3002	3002	in the applicant's service area;
3003	3003	(3) address the possibility of and method for making
3004	3004	multiple awards; and
3005	3005	(4) include other factors that the executive
3006	3006	commissioner considers relevant.
3007	3007	(b) If the commission is appropriated money to implement
3008	3008	this subchapter and Section 547.0201 for a state fiscal year in an
3009	3009	amount that exceeds the total amount of grants awarded under this
3010	3010	subchapter in the previous state fiscal year, the commission, in
3011	3011	selecting grant recipients for the excess amount, must accept
3012	3012	applications or proposals from applicants that were not selected as
3013	3013	grant recipients under this subchapter in the previous state fiscal
3014	3014	year or applicants that were selected as grant recipients but
3015	3015	require additional funding for the recipient's community mental
3016	3016	health program for purposes of this subchapter.
3017	3017	(b) Section 1, Chapter 944 (S.B. 1677), Acts of the 88th
3018	3018	Legislature, Regular Session, 2023, which amended Section
3019	3019	531.0991, Government Code, is repealed.
3020	3020	SECTION 8.043. (a) Subchapter H, Chapter 547, Government
3021	3021	Code, as effective April 1, 2025, is amended to conform to Chapter
3022	3022	769 (H.B. 4611), Acts of the 88th Legislature, Regular Session,
3023	3023	2023, by adding Section 547.03551, Government Code, and a heading
3024	3024	is added to that section to read as follows:
3025	3025	Sec. 547.03551. COMMISSION ASSISTANCE FOR CERTAIN
3026	3026	COMMUNITY COLLABORATIVES.
3027	3027	(b) Sections 531.0993(d-1) and (d-2), Government Code, are
3028	3028	transferred to Section 547.03551, Government Code, as added by this
3029	3029	Act, redesignated as Sections 547.03551(a) and (b), Government
3030	3030	Code, respectively, and amended to conform to Chapter 769 (H.B.
3031	3031	4611), Acts of the 88th Legislature, Regular Session, 2023, to read
3032	3032	as follows:
3033	3033	(a) [(d-1)] The commission shall establish procedures to
3034	3034	assist a community collaborative that includes a county with a
3035	3035	population of less than 250,000 with submission of a petition under
3036	3036	Section 547.0355 [Subsection (d)].
3037	3037	(b) [(d-2)] If the commission is appropriated money to
3038	3038	implement this subchapter [section] for a state fiscal year in an
3039	3039	amount that exceeds the total amount of grants awarded under this
3040	3040	subchapter [section] in the previous state fiscal year, the
3041	3041	commission, in selecting grant recipients for the excess amount,
3042	3042	must accept petitions from community collaboratives that were not
3043	3043	selected as grant recipients under this subchapter [section] in the
3044	3044	previous state fiscal year or collaboratives that were selected as
3045	3045	grant recipients in the previous state fiscal year but require
3046	3046	additional funding for the recipient's collaborative for purposes
3047	3047	of this subchapter [section].
3048	3048	SECTION 8.044. (a) Chapter 547, Government Code, as
3049	3049	effective April 1, 2025, is amended to conform to Chapter 1035 (S.B.
3050	3050	26), Acts of the 88th Legislature, Regular Session, 2023, by adding
3051	3051	Subchapter J, and a heading is added to that subchapter to read as
3052	3052	follows:
3053	3053	SUBCHAPTER J. INNOVATION MATCHING GRANT PROGRAM FOR MENTAL HEALTH
3054	3054	EARLY INTERVENTION AND TREATMENT
3055	3055	(b) Section 531.09915, Government Code, is transferred to
3056	3056	Subchapter J, Chapter 547, Government Code, as added by this Act,
3057	3057	redesignated as Sections 547.0501 through 547.0510, and amended to
3058	3058	conform to Chapter 769 (H.B. 4611), Acts of the 88th Legislature,
3059	3059	Regular Session, 2023, to read as follows:
3060	3060	Sec. 547.0501 [531.09915]. DEFINITIONS [INNOVATION
3061	3061	MATCHING GRANT PROGRAM FOR MENTAL HEALTH EARLY INTERVENTION AND
3062	3062	TREATMENT]. [(a)] In this subchapter [section]:
3063	3063	(1) "Inpatient mental health facility" has the meaning
3064	3064	assigned by Section 571.003, Health and Safety Code.
3065	3065	(2) "Matching grant program" ["Program"] means the
3066	3066	matching grant program established under this subchapter
3067	3067	[section].
3068	3068	(3) "State hospital" has the meaning assigned by
3069	3069	Section 552.0011, Health and Safety Code.
3070	3070	Sec. 547.0502. MATCHING GRANT PROGRAM. [(b)] To the extent
3071	3071	money is appropriated to the commission for that purpose, the
3072	3072	commission shall establish a matching grant program to provide
3073	3073	support to eligible entities for community-based initiatives that
3074	3074	promote identification of mental health issues and improve access
3075	3075	to early intervention and treatment for children and families. The
3076	3076	initiatives may:
3077	3077	(1) be evidence-based or otherwise demonstrate
3078	3078	positive outcomes, including:
3079	3079	(A) improved relationship skills;
3080	3080	(B) improved self-esteem;
3081	3081	(C) reduced involvement in the juvenile justice
3082	3082	system;
3083	3083	(D) participation in the relinquishment
3084	3084	avoidance program under Subchapter E, Chapter 262, Family Code; and
3085	3085	(E) avoidance of emergency room use; and
3086	3086	(2) include:
3087	3087	(A) training; and
3088	3088	(B) services and supports for:
3089	3089	(i) community-based initiatives;
3090	3090	(ii) agencies that provide services to
3091	3091	children and families;
3092	3092	(iii) individuals who work with children or
3093	3093	caregivers of children showing atypical social or emotional
3094	3094	development or other challenging behaviors; and
3095	3095	(iv) children in or at risk of placement in
3096	3096	foster care or the juvenile justice system.
3097	3097	Sec. 547.0503. CONTRACT WITH COMMISSION REQUIRED.
3098	3098	[(c)] The commission may award a grant under the matching grant
3099	3099	program only in accordance with a contract between the commission
3100	3100	and a grant recipient. The contract must include provisions under
3101	3101	which the commission is given sufficient control to ensure the
3102	3102	public purpose of providing mental health prevention services to
3103	3103	children and families is accomplished and the state receives the
3104	3104	return benefit.
3105	3105	Sec. 547.0504. APPLICATION AND ELIGIBILITY
3106	3106	REQUIREMENTS. [(d)] The executive commissioner by rule shall
3107	3107	establish application and eligibility requirements for an entity to
3108	3108	be awarded a grant under the matching grant program.
3109	3109	Sec. 547.0505. ELIGIBLE ENTITIES. [(e)] The following
3110	3110	entities are eligible to receive [for] a grant awarded under the
3111	3111	matching grant program:
3112	3112	(1) a hospital licensed under Chapter 241, Health and
3113	3113	Safety Code;
3114	3114	(2) a mental hospital licensed under Chapter 577,
3115	3115	Health and Safety Code;
3116	3116	(3) a hospital district;
3117	3117	(4) a local mental health authority;
3118	3118	(5) a child-care facility, as defined by Chapter 42,
3119	3119	Human Resources Code;
3120	3120	(6) a county or municipality; and
3121	3121	(7) a nonprofit organization that is exempt from
3122	3122	federal income taxation under Section 501(a), Internal Revenue Code
3123	3123	of 1986, by being listed as an exempt entity under Section 501(c)(3)
3124	3124	of that code.
3125	3125	Sec. 547.0506. SELECTION OF RECIPIENTS: PRIORITIZATION OF
3126	3126	CERTAIN ENTITIES. [(f)] In awarding grants under the matching
3127	3127	grant program, the commission shall prioritize entities that work
3128	3128	with children and family members of children with a high risk of
3129	3129	experiencing a crisis or developing a mental health condition to
3130	3130	reduce:
3131	3131	(1) the need for future intensive mental health
3132	3132	services;
3133	3133	(2) the number of children at risk of placement in
3134	3134	foster care or the juvenile justice system; or
3135	3135	(3) the demand for placement in state hospitals,
3136	3136	inpatient mental health facilities, and residential behavioral
3137	3137	health facilities.
3138	3138	Sec. 547.0507. MATCHING CONTRIBUTION REQUIRED. [(g)] The
3139	3139	commission shall condition each grant awarded under the matching
3140	3140	grant program on the grant recipient providing matching money in an
3141	3141	amount that is equal to at least 10 percent of the grant amount.
3142	3142	Sec. 547.0508. USE OF GRANTS AND MATCHING AMOUNTS.
3143	3143	(a) [(h)] A grant recipient may only use grant money awarded under
3144	3144	the matching grant program and matching money provided by the
3145	3145	recipient to develop innovative strategies that provide:
3146	3146	(1) resiliency;
3147	3147	(2) coping and social skills;
3148	3148	(3) healthy social and familial relationships; and
3149	3149	(4) parenting skills and behaviors.
3150	3150	(b) [(i)] A grant recipient may not use grant money awarded
3151	3151	under the matching grant program or matching money provided by the
3152	3152	recipient to:
3153	3153	(1) reimburse an expense or pay a cost that another
3154	3154	source, including [the] Medicaid [program], is obligated to
3155	3155	reimburse or pay by law or under a contract; or
3156	3156	(2) supplant or be a substitute for money awarded to
3157	3157	the recipient from a non-Medicaid federal funding source, including
3158	3158	federal grant funding.
3159	3159	Sec. 547.0509. EFFECT ON MEDICAID REQUIREMENTS. [(j)] A
3160	3160	Medicaid provider's receipt of a grant under the matching grant
3161	3161	program does not affect any legal or contractual duty of the
3162	3162	provider to comply with [requirements under the] Medicaid
3163	3163	requirements [program].
3164	3164	Sec. 547.0510. ALLOCATING APPROPRIATED MONEY. [(k)] The
3165	3165	commission may use a reasonable amount of the money appropriated by
3166	3166	the legislature for the purposes of the matching grant program, not
3167	3167	to exceed five percent, to pay the administrative costs of
3168	3168	implementing and administering the program.
3169	3169	SECTION 8.045. (a) Sections 547A.0001(a) and (b),
3170	3170	Government Code, as effective April 1, 2025, are amended to conform
3171	3171	to Section 2, Chapter 859 (H.B. 3466), Acts of the 88th Legislature,
3172	3172	Regular Session, 2023, to read as follows:
3173	3173	(a) To the extent funds are appropriated to the commission
3174	3174	for that purpose, the commission shall make grants to entities,
3175	3175	including local governmental entities, nonprofit community
3176	3176	organizations, and faith-based community organizations, to
3177	3177	establish or expand community collaboratives that bring the public
3178	3178	and private sectors together to provide services to individuals
3179	3179	experiencing homelessness, substance use issues, or mental
3180	3180	illness. In awarding grants, the commission shall give special
3181	3181	consideration to entities:
3182	3182	(1) establishing new collaboratives; [or]
3183	3183	(2) establishing or expanding collaboratives that
3184	3184	serve two or more counties, each with a population of less than
3185	3185	100,000; or
3186	3186	(3) providing services to an average of at least 50
3187	3187	percent of persons experiencing homelessness in a geographic area
3188	3188	served by a Continuum of Care Program funded by the United States
3189	3189	Department of Housing and Urban Development according to the last
3190	3190	three Point-in-Time surveys of homelessness conducted by that
3191	3191	department.
3192	3192	(b) Except as provided by Subsection (c), the commission
3193	3193	shall require each entity awarded a grant under this section to:
3194	3194	(1) leverage additional funding or in-kind
3195	3195	contributions from private contributors or local governments,
3196	3196	excluding state or federal funds, in an amount that is at least
3197	3197	equal to the amount of the grant awarded under this section;
3198	3198	(2) provide evidence of significant coordination and
3199	3199	collaboration between the entity, local mental health authorities,
3200	3200	municipalities, local law enforcement agencies, and other
3201	3201	community stakeholders in establishing or expanding a community
3202	3202	collaborative funded by a grant awarded under this section; and
3203	3203	(3) provide evidence of a local law enforcement policy
3204	3204	to divert appropriate individuals from jails, [or] other detention
3205	3205	facilities, or mental health facilities operated by or under
3206	3206	contract with the commission to an entity affiliated with a
3207	3207	community collaborative for the purpose of providing services to
3208	3208	those individuals.
3209	3209	(b) Section 2, Chapter 859 (H.B. 3466), Acts of the 88th
3210	3210	Legislature, Regular Session, 2023, which amended Sections
3211	3211	539.002(a) and (b), Government Code, is repealed.
3212	3212	SECTION 8.046. Section 539.010, Government Code, is
3213	3213	transferred to Chapter 547A, Government Code, as effective April 1,
3214	3214	2025, redesignated as Section 547A.0010, Government Code, and
3215	3215	amended to conform to Chapter 769 (H.B. 4611), Acts of the 88th
3216	3216	Legislature, Regular Session, 2023, to read as follows:
3217	3217	Sec. 547A.0010 [539.010]. BIENNIAL REPORT. (a) The
3218	3218	commission [department] shall prepare a report that includes:
3219	3219	(1) the method by which the commission [department]
3220	3220	chose entities to award grants to under this chapter;
3221	3221	(2) the amount of each grant awarded to an entity under
3222	3222	this chapter;
3223	3223	(3) the number of individuals served by each community
3224	3224	collaborative receiving grant funds under this chapter; and
3225	3225	(4) the results of the annual review of outcome
3226	3226	measures required by Section 547A.0006 [539.006].
3227	3227	(b) Not later than September 1 of each even-numbered year,
3228	3228	the commission [department] shall submit a report described by
3229	3229	Subsection (a) to:
3230	3230	(1) the lieutenant governor;
3231	3231	(2) the speaker of the house of representatives;
3232	3232	(3) the standing committees of the legislature having
3233	3233	primary jurisdiction over the department and state finance; and
3234	3234	(4) the Legislative Budget Board.
3235	3235	SECTION 8.047. (a) Subchapter F, Chapter 548, Government
3236	3236	Code, as effective April 1, 2025, is amended to conform to Section
3237	3237	2, Chapter 840 (H.B. 2727), Acts of the 88th Legislature, Regular
3238	3238	Session, 2023, by amending Sections 548.0251, 548.0252, 548.0253,
3239	3239	548.0254, and 548.0256 and adding Section 548.0257 to read as
3240	3240	follows:
3241	3241	Sec. 548.0251. DEFINITIONS. In this subchapter:
3242	3242	(1) "Federally qualified health center" has the
3243	3243	meaning assigned by 42 U.S.C. Section 1396d(l)(2)(B).
3244	3244	(2) "Home and community support services agency" means
3245	3245	a person licensed under Chapter 142, Health and Safety Code, to
3246	3246	provide home health, hospice, or personal assistance services as
3247	3247	those terms are defined by Section 142.001, Health and Safety Code.
3248	3248	(3) [(2)] "Hospital" means a hospital licensed under
3249	3249	Chapter 241, Health and Safety Code.
3250	3250	(4) "Rural health clinic" has the meaning assigned by
3251	3251	42 U.S.C. Section 1396d(l)(1).
3252	3252	Sec. 548.0252. MEDICAID REIMBURSEMENT [PROGRAM] FOR HOME
3253	3253	TELEMONITORING SERVICES AUTHORIZED. The [If the commission
3254	3254	determines that establishing a statewide program that permits
3255	3255	Medicaid reimbursement for home telemonitoring services would be
3256	3256	cost-effective and feasible, the] executive commissioner [by rule]
3257	3257	shall adopt rules for the provision and reimbursement of home
3258	3258	telemonitoring services under Medicaid [establish the program] as
3259	3259	provided by this subchapter.
3260	3260	Sec. 548.0253. REIMBURSEMENT [PROGRAM] REQUIREMENTS. (a)
3261	3261	For purposes of adopting rules [A program established] under this
3262	3262	subchapter, the commission shall [must]:
3263	3263	(1) identify and provide home telemonitoring services
3264	3264	to individuals diagnosed with conditions for which the commission
3265	3265	determines the provision of home telemonitoring services would be
3266	3266	cost-effective and clinically effective;
3267	3267	(2) consider providing home telemonitoring services
3268	3268	under Subdivision (1) [provide that home telemonitoring services
3269	3269	are available only] to a Medicaid recipient [an individual] who:
3270	3270	(A) is diagnosed with one or more of the
3271	3271	following conditions:
3272	3272	(i) pregnancy;
3273	3273	(ii) diabetes;
3274	3274	(iii) heart disease;
3275	3275	(iv) cancer;
3276	3276	(v) chronic obstructive pulmonary disease;
3277	3277	(vi) hypertension;
3278	3278	(vii) congestive heart failure;
3279	3279	(viii) mental illness or serious emotional
3280	3280	disturbance;
3281	3281	(ix) asthma;
3282	3282	(x) myocardial infarction; [or]
3283	3283	(xi) stroke;
3284	3284	(xii) end stage renal disease; or
3285	3285	(xiii) a condition that requires renal
3286	3286	dialysis treatment; and
3287	3287	(B) exhibits at least one [two or more] of the
3288	3288	following risk factors:
3289	3289	(i) two or more hospitalizations in the
3290	3290	prior 12-month period;
3291	3291	(ii) frequent or recurrent emergency room
3292	3292	admissions;
3293	3293	(iii) a documented history of poor
3294	3294	adherence to ordered medication regimens;
3295	3295	(iv) a documented risk [history] of falls
3296	3296	[in the prior six-month period]; and
3297	3297	(v) [limited or absent informal support
3298	3298	systems;
3299	3299	[(vi) living alone or being home alone for
3300	3300	extended periods; and
3301	3301	[(vii)] a documented history of care access
3302	3302	challenges;
3303	3303	(3) [(2)] ensure that clinical information gathered
3304	3304	by the following providers while providing home telemonitoring
3305	3305	services is shared with the recipient's physician:
3306	3306	(A) a home and community support services agency;
3307	3307	(B) a federally qualified health center;
3308	3308	(C) a rural health clinic; or
3309	3309	(D) a hospital [while providing home
3310	3310	telemonitoring services is shared with the patient's physician];
3311	3311	[and]
3312	3312	(4) [(3)] ensure that the home telemonitoring
3313	3313	services provided under this subchapter do [program does] not
3314	3314	duplicate disease management program services provided under
3315	3315	Section 32.057, Human Resources Code; and
3316	3316	(5) require a provider to:
3317	3317	(A) establish a plan of care that includes
3318	3318	outcome measures for each recipient who receives home
3319	3319	telemonitoring services under this subchapter; and
3320	3320	(B) share the plan and outcome measures with the
3321	3321	recipient's physician.
3322	3322	(b) Notwithstanding any other provision of this subchapter
3323	3323	[Subsection (a)(1)], the commission shall ensure [a program
3324	3324	established under this subchapter must also provide] that home
3325	3325	telemonitoring services are available to pediatric individuals
3326	3326	who:
3327	3327	(1) are diagnosed with end-stage solid organ disease;
3328	3328	(2) have received an organ transplant; or
3329	3329	(3) require mechanical ventilation.
3330	3330	Sec. 548.0254. DISCONTINUATION OF REIMBURSEMENT [PROGRAM]
3331	3331	UNDER CERTAIN CIRCUMSTANCES. If, after implementation, the
3332	3332	commission determines that a condition for which the commission has
3333	3333	authorized the provision and reimbursement of home telemonitoring
3334	3334	services under Medicaid [the program established] under this
3335	3335	subchapter is not cost-effective and clinically effective, the
3336	3336	commission may discontinue the availability of home telemonitoring
3337	3337	services for that condition [program] and stop providing Medicaid
3338	3338	reimbursement for home telemonitoring services for that condition,
3339	3339	notwithstanding Subchapter B or any other law.
3340	3340	Sec. 548.0256. REIMBURSEMENT FOR OTHER CONDITIONS AND RISK
3341	3341	FACTORS. [(a)] To comply with state and federal requirements to
3342	3342	provide access to medically necessary services under Medicaid,
3343	3343	including the Medicaid managed care program, and if the commission
3344	3344	determines it is cost-effective and clinically effective, the
3345	3345	commission or a Medicaid managed care organization, as applicable,
3346	3346	may reimburse providers for home telemonitoring services provided
3347	3347	to individuals who have conditions and exhibit risk factors other
3348	3348	than those expressly authorized by this subchapter.
3349	3349	[(b) In determining whether the Medicaid managed care
3350	3350	organization should provide reimbursement for services under this
3351	3351	section, the organization shall consider whether reimbursement for
3352	3352	the service is cost-effective and providing the service is
3353	3353	clinically effective.]
3354	3354	Sec. 548.0257. REIMBURSEMENT FOR HIGH-RISK PREGNANCY. (a)
3355	3355	In addition to determining whether to provide home telemonitoring
3356	3356	services to Medicaid recipients with the conditions described by
3357	3357	Section 548.0253(a)(2), the commission shall determine whether
3358	3358	high-risk pregnancy is a condition for which the provision of home
3359	3359	telemonitoring services is cost-effective and clinically
3360	3360	effective. If the commission determines that high-risk pregnancy
3361	3361	is a condition for which the provision of home telemonitoring
3362	3362	services is cost-effective and clinically effective:
3363	3363	(1) the commission shall, to the extent permitted by
3364	3364	state and federal law, provide recipients experiencing a high-risk
3365	3365	pregnancy with clinically appropriate home telemonitoring services
3366	3366	equipment for temporary use in the recipient's home; and
3367	3367	(2) the executive commissioner by rule shall:
3368	3368	(A) establish criteria to identify recipients
3369	3369	experiencing a high-risk pregnancy who would benefit from access to
3370	3370	home telemonitoring services equipment;
3371	3371	(B) ensure that, if cost-effective, feasible,
3372	3372	and clinically appropriate, the home telemonitoring services
3373	3373	equipment provided includes uterine remote monitoring services
3374	3374	equipment and pregnancy-induced hypertension remote monitoring
3375	3375	services equipment;
3376	3376	(C) subject to Subsection (b), require that a
3377	3377	provider obtain:
3378	3378	(i) prior authorization from the commission
3379	3379	before providing home telemonitoring services equipment to a
3380	3380	recipient during the first month the equipment is provided to the
3381	3381	recipient; and
3382	3382	(ii) an extension of the authorization
3383	3383	under Subparagraph (i) from the commission before providing the
3384	3384	equipment in a subsequent month based on the recipient's ongoing
3385	3385	medical need; and
3386	3386	(D) prohibit payment or reimbursement for home
3387	3387	telemonitoring services equipment during any period that the
3388	3388	equipment was not in use because the recipient was hospitalized or
3389	3389	away from the recipient's home regardless of whether the equipment
3390	3390	remained in the recipient's home while the recipient was
3391	3391	hospitalized or away.
3392	3392	(b) For purposes of Subsection (a), the commission shall
3393	3393	require that:
3394	3394	(1) a request for prior authorization under Subsection
3395	3395	(a)(2)(C)(i) be based on an in-person assessment of the recipient;
3396	3396	and
3397	3397	(2) documentation of the recipient's ongoing medical
3398	3398	need for the equipment is provided to the commission before the
3399	3399	commission grants an extension under Subsection (a)(2)(C)(ii).
3400	3400	(b) Section 2, Chapter 840 (H.B. 2727), Acts of the 88th
3401	3401	Legislature, Regular Session, 2023, which amended Section
3402	3402	531.02164, Government Code, is repealed.
3403	3403	SECTION 8.048. Section 531.0691, Government Code, is
3404	3404	transferred to Subchapter A, Chapter 549, Government Code, as
3405	3405	effective April 1, 2025, and redesignated as Section 549.0006,
3406	3406	Government Code, to read as follows:
3407	3407	Sec. 549.0006 [531.0691]. VENDOR DRUG PROGRAM INCLUSION.
3408	3408	(a) The commission shall ensure that the vendor drug program
3409	3409	includes all drugs and national drug codes made available under the
3410	3410	federal Medicaid Drug Rebate Program if a certificate of
3411	3411	information form to request the drug's inclusion in the vendor drug
3412	3412	program has been submitted to the commission and:
3413	3413	(1) approved by the commission; or
3414	3414	(2) subject to Subsection (b), is pending review by
3415	3415	the commission.
3416	3416	(b) On receipt of a certificate of information form to
3417	3417	request the addition to the Texas Drug Code Index of a drug that is
3418	3418	available under the federal Medicaid Drug Rebate Program, the
3419	3419	commission shall, if the commission determines that the drug is
3420	3420	appropriate for dispensing through an outpatient pharmacy,
3421	3421	provisionally make the drug available under the vendor drug program
3422	3422	for a period that expires on the earlier of:
3423	3423	(1) the 90th day after the date the form was submitted;
3424	3424	or
3425	3425	(2) the date the commission makes a determination
3426	3426	regarding whether to approve or deny the drug's inclusion on the
3427	3427	vendor drug program formulary.
3428	3428	(c) The commission shall:
3429	3429	(1) denote the provisional availability of a drug
3430	3430	under this section; and
3431	3431	(2) remove a drug made provisionally available under
3432	3432	the vendor drug program:
3433	3433	(A) on the expiration of the 90-day period
3434	3434	prescribed by Subsection (b)(1); or
3435	3435	(B) if applicable, on the date the commission
3436	3436	denies the drug's inclusion on the vendor drug program formulary.
3437	3437	SECTION 8.049. (a) Section 531.072(b-3), Government Code,
3438	3438	is transferred to Section 549.0204, Government Code, as effective
3439	3439	April 1, 2025, redesignated as Section 549.0204(c), Government
3440	3440	Code, and amended to read as follows:
3441	3441	(c) [(b-3)] Notwithstanding Subsection (a) [(b)], the
3442	3442	preferred drug lists must contain all therapeutic equivalents for a
3443	3443	generic drug on the preferred drug list.
3444	3444	(b) Section 531.072(g), Government Code, is transferred to
3445	3445	Subchapter E, Chapter 549, Government Code, as effective April 1,
3446	3446	2025, redesignated as Section 549.0208, Government Code, and
3447	3447	amended to read as follows:
3448	3448	Sec. 549.0208. EXPEDITED REVIEW PROCESS FOR CERTAIN
3449	3449	REQUESTS TO INCLUDE DRUG ON PREFERRED DRUG LIST. [(g)] The
3450	3450	commission shall develop an expedited review process to consider
3451	3451	requests from managed care organizations and providers to add drugs
3452	3452	to the preferred drug list.
3453	3453	(c) Section 531.072(h), Government Code, is transferred to
3454	3454	Subchapter E, Chapter 549, Government Code, as effective April 1,
3455	3455	2025, redesignated as Section 549.0209, Government Code, and
3456	3456	amended to conform to Chapter 769 (H.B. 4611), Acts of the 88th
3457	3457	Legislature, Regular Session, 2023, to read as follows:
3458	3458	Sec. 549.0209. TEMPORARY NON-PREFERRED STATUS FOR CERTAIN
3459	3459	DRUGS. [(h)] The commission shall grant temporary non-preferred
3460	3460	status to new drugs that are available but have not yet been
3461	3461	reviewed by the [drug utilization review] board and establish
3462	3462	criteria for authorizing drugs with temporary non-preferred
3463	3463	status.
3464	3464	SECTION 8.050. (a) Section 549.0257(a), Government Code,
3465	3465	as effective April 1, 2025, is amended to conform to Section 4,
3466	3466	Chapter 739 (H.B. 3286), Acts of the 88th Legislature, Regular
3467	3467	Session, 2023, to read as follows:
3468	3468	(a) The commission shall establish procedures for the prior
3469	3469	authorization requirement under the Medicaid vendor drug program to
3470	3470	ensure that the requirements of 42 U.S.C. Section 1396r-8(d)(5) are
3471	3471	met. The procedures must ensure that:
3472	3472	(1) [a prior authorization requirement is not imposed
3473	3473	for a drug before the drug has been considered at a meeting of the
3474	3474	Drug Utilization Review Board under Subchapter G;
3475	3475	[(2)] a response to a request for prior authorization
3476	3476	is provided by telephone or other telecommunications device within
3477	3477	24 hours after receipt of the request; and
3478	3478	(2) [(3)] a 72-hour supply of the drug prescribed is
3479	3479	provided in an emergency or if the commission does not provide a
3480	3480	response within the period required by Subdivision (1) [(2)].
3481	3481	(b) Section 4, Chapter 739 (H.B. 3286), Acts of the 88th
3482	3482	Legislature, Regular Session, 2023, which amended Section
3483	3483	531.073(b), Government Code, is repealed.
3484	3484	SECTION 8.051. (a) Section 549.0302(a), Government Code,
3485	3485	as effective April 1, 2025, is amended to conform to Section 5,
3486	3486	Chapter 739 (H.B. 3286), Acts of the 88th Legislature, Regular
3487	3487	Session, 2023, to read as follows:
3488	3488	(a) The composition of the board must comply with federal
3489	3489	law, including 42 C.F.R. Section 456.716. The executive
3490	3490	commissioner shall determine the board's composition, which must
3491	3491	include:
3492	3492	(1) three [two] representatives of managed care
3493	3493	organizations, all [one] of whom must be physicians or pharmacists
3494	3494	[a physician and one of whom must be a pharmacist, as nonvoting
3495	3495	members];
3496	3496	(2) at least 17 physicians and pharmacists who:
3497	3497	(A) provide services across the entire
3498	3498	population of Medicaid recipients and represent different
3499	3499	specialties, including at least one of each of the following types
3500	3500	of physicians:
3501	3501	(i) a pediatrician;
3502	3502	(ii) a primary care physician;
3503	3503	(iii) an obstetrician and gynecologist;
3504	3504	(iv) a child and adolescent psychiatrist;
3505	3505	and
3506	3506	(v) an adult psychiatrist; and
3507	3507	(B) have experience in either developing or
3508	3508	practicing under a preferred drug list; and
3509	3509	(3) a consumer advocate who represents Medicaid
3510	3510	recipients.
3511	3511	(b) Section 549.0310(e), Government Code, as effective
3512	3512	April 1, 2025, is amended to conform to Section 5, Chapter 739 (H.B.
3513	3513	3286), Acts of the 88th Legislature, Regular Session, 2023, to read
3514	3514	as follows:
3515	3515	(e) Notwithstanding any other law, board [Board] members
3516	3516	appointed under Section 549.0302(a)(1) may attend quarterly and
3517	3517	other regularly scheduled meetings, but may not:
3518	3518	(1) attend portions of the executive sessions in which
3519	3519	confidential drug pricing information is shared; or
3520	3520	(2) access confidential drug pricing information.
3521	3521	(c) Section 5, Chapter 739 (H.B. 3286), Acts of the 88th
3522	3522	Legislature, Regular Session, 2023, which amended Sections
3523	3523	531.0736(c) and (d), Government Code, is repealed.
3524	3524	SECTION 8.052. Section 551.083, Government Code, is
3525	3525	repealed to conform to the repeal of Section 13.901, Education
3526	3526	Code, by Section 8.33, Chapter 347 (S.B. 7), Acts of the 73rd
3527	3527	Legislature, Regular Session, 1993.
3528	3528	SECTION 8.053. Section 574.004, Government Code, is amended
3529	3529	to conform to Chapter 765 (H.B. 4504), Acts of the 88th Legislature,
3530	3530	Regular Session, 2023, to read as follows:
3531	3531	Sec. 574.004. ASSISTANCE BY ATTORNEY GENERAL. This chapter
3532	3532	does not prevent the attorney general from providing assistance to
3533	3533	district attorneys, criminal district attorneys, and county
3534	3534	attorneys on request by allowing assistant attorneys general to
3535	3535	serve as duly appointed and deputized assistant prosecutors, nor
3536	3536	does this chapter prohibit [the appointment of] an assistant
3537	3537	attorney general from performing duties as an attorney representing
3538	3538	the state under a temporary appointment described by [pro tem
3539	3539	pursuant to] Article 2A.104, Code of Criminal Procedure.
3540	3540	SECTION 8.054. Section 662.005(b), Government Code, as
3541	3541	amended by Chapters 109 (S.B. 2214), 765 (H.B. 4504), and 950 (S.B.
3542	3542	1727), Acts of the 88th Legislature, Regular Session, 2023, is
3543	3543	reenacted and amended to read as follows:
3544	3544	(b) Except as provided by Section 662.010, and
3545	3545	notwithstanding Section 659.015 or another law, each of the
3546	3546	following state employees who is required to work on a national or
3547	3547	state holiday that falls on a Saturday or Sunday is entitled to
3548	3548	compensatory time off at the rate of one hour for each hour worked
3549	3549	on the holiday:
3550	3550	(1) an employee of the Department of Family and
3551	3551	Protective Services in the statewide intake division who receives
3552	3552	reports of abuse or neglect;
3553	3553	(2) a peace officer commissioned or appointed, as
3554	3554	applicable, by a state officer or state agency listed under Article
3555	3555	2A.001, Code of Criminal Procedure;
3556	3556	(3) an employee of the Department of Public Safety
3557	3557	who:
3558	3558	(A) performs communications or dispatch services
3559	3559	related to traffic law enforcement; or
3560	3560	(B) is a public security officer, as that term is
3561	3561	defined by Section 1701.001, Occupations Code; [or]
3562	3562	(4) an employee of the Parks and Wildlife Department
3563	3563	who performs communications and dispatch services to assist law
3564	3564	enforcement officers commissioned by the Parks and Wildlife
3565	3565	Commission in performing law enforcement duties;
3566	3566	(5) an employee of[, or who is employed by] the Texas
3567	3567	Juvenile Justice Department who:
3568	3568	(A) performs [to perform] communication service
3569	3569	duties for the incident reporting center; and
3570	3570	(B) assists [to assist] law enforcement officers
3571	3571	appointed by the office of inspector general of the Texas Juvenile
3572	3572	Justice Department in performing investigative duties; [,] or
3573	3573	(6) [who is employed as] a security officer providing
3574	3574	security and entry searches for secure correctional facilities
3575	3575	operated by the Texas Juvenile Justice Department[,].
3576	3576	SECTION 8.055. Sections 804.003(j) and (k), Government
3577	3577	Code, as amended by Chapters 78 (S.B. 729) and 1092 (S.B. 1245),
3578	3578	Acts of the 88th Legislature, Regular Session, 2023, are reenacted
3579	3579	and amended to read as follows:
3580	3580	(j) Except as provided by Subsection (k-1) or (k-2), if a
3581	3581	domestic relations order is determined to be a qualified domestic
3582	3582	relations order, then the public retirement system (or applicable
3583	3583	carrier, if under the optional retirement program) shall pay the
3584	3584	segregated amounts without interest to the person or persons
3585	3585	entitled thereto and shall thereafter pay benefits pursuant to the
3586	3586	order.
3587	3587	(k) Except as provided by Subsection (k-1) or (k-2), if a
3588	3588	domestic relations order is determined not to be a qualified
3589	3589	domestic relations order or if within 18 months of the date a
3590	3590	domestic relations order is received by the public retirement
3591	3591	system (or applicable carrier, if under the optional retirement
3592	3592	program) the issue as to whether such order is a qualified domestic
3593	3593	relations order is not resolved, then the public retirement system
3594	3594	(or applicable carrier, if under the optional retirement program)
3595	3595	shall pay the segregated amounts without interest and shall
3596	3596	thereafter pay benefits to the person or persons who would have been
3597	3597	entitled to such amounts if there had been no order. This
3598	3598	subsection shall not be construed to limit or otherwise affect any
3599	3599	liability, responsibility, or duty of a party with respect to any
3600	3600	other party to the action out of which the order arose.
3601	3601	ARTICLE 9. CHANGES RELATING TO HEALTH AND SAFETY CODE
3602	3602	SECTION 9.001. Section 255.005(b), Health and Safety Code,
3603	3603	is amended to conform to Chapter 769 (H.B. 4611), Acts of the 88th
3604	3604	Legislature, Regular Session, 2023, to read as follows:
3605	3605	(b) The Health and Human Services Commission shall submit
3606	3606	the report required under this section with the report required
3607	3607	under Section 543A.0008 [536.008], Government Code.
3608	3608	SECTION 9.002. Section 260.010(a), Health and Safety Code,
3609	3609	is amended to conform to Chapter 765 (H.B. 4504), Acts of the 88th
3610	3610	Legislature, Regular Session, 2023, to read as follows:
3611	3611	(a) Not later than September 30 of each year following the
3612	3612	establishment of a county or municipal permitting requirement under
3613	3613	this chapter, each county or municipality that requires a person to
3614	3614	obtain a boarding home facility permit under Section 260.004 shall
3615	3615	submit to the commission a report. The report must include:
3616	3616	(1) the total number of:
3617	3617	(A) boarding home facilities permitted during
3618	3618	the preceding state fiscal year;
3619	3619	(B) boarding home facility applications denied
3620	3620	permitting, including a summary of cause for denial; and
3621	3621	(C) boarding home facility permits active on
3622	3622	August 31 of the preceding state fiscal year;
3623	3623	(2) the total number of residents reported housed in
3624	3624	each boarding home facility reported;
3625	3625	(3) the total number of inspections conducted at each
3626	3626	boarding home facility by the county or municipality that requires
3627	3627	the permit;
3628	3628	(4) the total number of permits revoked or suspended
3629	3629	as a result of an inspection described by Subdivision (3) and a
3630	3630	summary of the outcome for the residents displaced by revocation or
3631	3631	suspension of a permit; and
3632	3632	(5) the total number of incidents occurring at each
3633	3633	boarding home facility that required the intervention of a peace
3634	3634	officer as defined by Article 2A.001 [2.12], Code of Criminal
3635	3635	Procedure.
3636	3636	SECTION 9.003. (a) Section 533.032(a), Health and Safety
3637	3637	Code, as effective April 1, 2025, is amended to conform to Section
3638	3638	3, Chapter 1147 (S.B. 956), Acts of the 88th Legislature, Regular
3639	3639	Session, 2023, to read as follows:
3640	3640	(a) The department shall have a long-range plan relating to
3641	3641	the provision of services under this title covering at least six
3642	3642	years that includes at least the provisions required by Section
3643	3643	[Sections 525.0154, 525.0155, and] 525.0156, Government Code, and
3644	3644	Chapter 2056, Government Code. The plan must cover the provision
3645	3645	of services in and policies for state-operated institutions and
3646	3646	ensure that the medical needs of the most medically fragile persons
3647	3647	with mental illness the department serves are met.
3648	3648	(b) Section 3, Chapter 1147 (S.B. 956), Acts of the 88th
3649	3649	Legislature, Regular Session, 2023, which amended Section
3650	3650	533.032(a), Health and Safety Code, is repealed.
3651	3651	SECTION 9.004. (a) Section 533A.032(a), Health and Safety
3652	3652	Code, as effective April 1, 2025, is amended to conform to Section
3653	3653	4, Chapter 1147 (S.B. 956), Acts of the 88th Legislature, Regular
3654	3654	Session, 2023, to read as follows:
3655	3655	(a) The department shall have a long-range plan relating to
3656	3656	the provision of services under this title covering at least six
3657	3657	years that includes at least the provisions required by Section
3658	3658	[Sections 525.0154, 525.0155, and] 525.0156, Government Code, and
3659	3659	Chapter 2056, Government Code. The plan must cover the provision of
3660	3660	services in and policies for state-operated institutions and ensure
3661	3661	that the medical needs of the most medically fragile persons with an
3662	3662	intellectual disability the department serves are met.
3663	3663	(b) Section 4, Chapter 1147 (S.B. 956), Acts of the 88th
3664	3664	Legislature, Regular Session, 2023, which amended Section
3665	3665	533A.032(a), Health and Safety Code, is repealed.
3666	3666	SECTION 9.005. Section 592.039, Health and Safety Code, is
3667	3667	amended to conform to Chapter 769 (H.B. 4611), Acts of the 88th
3668	3668	Legislature, Regular Session, 2023, to read as follows:
3669	3669	Sec. 592.039. GRIEVANCES. A client, or a person acting on
3670	3670	behalf of a person with an intellectual disability or a group of
3671	3671	persons with an intellectual disability, has the right to submit
3672	3672	complaints or grievances regarding the infringement of the rights
3673	3673	of a person with an intellectual disability or the delivery of
3674	3674	intellectual disability services against a person, group of
3675	3675	persons, organization, or business to the Health and Human Services
3676	3676	Commission's ombudsman for individuals with an intellectual or
3677	3677	developmental disability as provided under Section 523.0360
3678	3678	[531.9934], Government Code.
3679	3679	SECTION 9.006. Section 810.004(b), Health and Safety Code,
3680	3680	is amended to conform to Chapter 769 (H.B. 4611), Acts of the 88th
3681	3681	Legislature, Regular Session, 2023, to read as follows:
3682	3682	(b) In addition to the eligible individuals described by
3683	3683	Subsection (a), each participating state agency shall designate
3684	3684	additional users who are eligible to access the search engine and
3685	3685	may require those users to determine whether an individual has
3686	3686	engaged in reportable conduct. The additional designated users may
3687	3687	include controlling persons, hiring managers, or administrators
3688	3688	of:
3689	3689	(1) licensed or certified long-term care providers,
3690	3690	including:
3691	3691	(A) home and community support services agencies
3692	3692	licensed under Chapter 142;
3693	3693	(B) nursing facilities licensed under Chapter
3694	3694	242;
3695	3695	(C) assisted living facilities licensed under
3696	3696	Chapter 247;
3697	3697	(D) prescribed pediatric extended care centers
3698	3698	licensed under Chapter 248A;
3699	3699	(E) intermediate care facilities for individuals
3700	3700	with an intellectual disability licensed under Chapter 252;
3701	3701	(F) state supported living centers, as defined by
3702	3702	Section 531.002; and
3703	3703	(G) day activity and health services facilities
3704	3704	licensed under Chapter 103, Human Resources Code;
3705	3705	(2) providers under a Section 1915(c) waiver program,
3706	3706	as defined by Section 521.0001 [531.001], Government Code;
3707	3707	(3) juvenile probation departments and registered
3708	3708	juvenile justice facilities;
3709	3709	(4) independent school districts, districts of
3710	3710	innovation, open-enrollment charter schools, other charter
3711	3711	entities, as defined by Section 21.006, Education Code, regional
3712	3712	education service centers, education shared services arrangements,
3713	3713	or any other educational entity or provider that is authorized to
3714	3714	access the registry established under Section 22.092, Education
3715	3715	Code;
3716	3716	(5) private schools that:
3717	3717	(A) offer a course of instruction for students in
3718	3718	this state in one or more grades from prekindergarten through grade
3719	3719	12; and
3720	3720	(B) are:
3721	3721	(i) accredited by an organization
3722	3722	recognized by the Texas Education Agency or the Texas Private
3723	3723	School Accreditation Commission;
3724	3724	(ii) listed in the database of the National
3725	3725	Center for Education Statistics of the United States Department of
3726	3726	Education; or
3727	3727	(iii) otherwise authorized by Texas
3728	3728	Education Agency rule to access the search engine; and
3729	3729	(6) nonprofit teacher organizations approved by the
3730	3730	commissioner of education for the purpose of participating in the
3731	3731	tutoring program established under Section 33.913, Education Code.
3732	3732	ARTICLE 10. CHANGES RELATING TO HUMAN RESOURCES CODE
3733	3733	SECTION 10.001. Section 32.03115(b), Human Resources Code,
3734	3734	as added by Chapter 1105 (H.B. 2174), Acts of the 86th Legislature,
3735	3735	Regular Session, 2019, is amended to conform to Chapter 769 (H.B.
3736	3736	4611), Acts of the 88th Legislature, Regular Session, 2023, to read
3737	3737	as follows:
3738	3738	(b) Notwithstanding Subchapters E and F, Chapter 549
3739	3739	[Sections 531.072 and 531.073], Government Code, or any other law
3740	3740	and subject to Subsections (c) and (d), the commission shall
3741	3741	provide medical assistance reimbursement for medication-assisted
3742	3742	opioid or substance use disorder treatment without requiring a
3743	3743	recipient of medical assistance or health care provider to obtain
3744	3744	prior authorization or precertification for the treatment, except
3745	3745	as needed to minimize the opportunity for fraud, waste, or abuse.
3746	3746	SECTION 10.002. Section 137.152(e), Human Resources Code,
3747	3747	is amended to conform to Chapter 765 (H.B. 4504), Acts of the 88th
3748	3748	Legislature, Regular Session, 2023, to read as follows:
3749	3749	(e) The commission shall provide services for a child and
3750	3750	the child's family if a contract to provide services under this
3751	3751	section is available in the county and the child is referred to the
3752	3752	commission as an at-risk child by:
3753	3753	(1) a juvenile court or probation department as part
3754	3754	of a progressive sanctions program under Chapter 59, Family Code;
3755	3755	(2) a law enforcement officer or agency under Section
3756	3756	52.03, Family Code; or
3757	3757	(3) a justice or municipal court under Article
3758	3758	45A.457, 45A.509 [45.309], or 45A.510 [45.310], Code of Criminal
3759	3759	Procedure.
3760	3760	ARTICLE 11. CHANGES RELATING TO INSURANCE CODE
3761	3761	SECTION 11.001. Section 1223.001(c), Insurance Code, is
3762	3762	amended to conform to Chapter 769 (H.B. 4611), Acts of the 88th
3763	3763	Legislature, Regular Session, 2023, to read as follows:
3764	3764	(c) This chapter does not apply to the state Medicaid
3765	3765	program, including the Medicaid managed care program operated under
3766	3766	Chapter 540 or 540A [Chapter 533], Government Code, or the child
3767	3767	health plan program operated under Chapter 62, Health and Safety
3768	3768	Code.
3769	3769	SECTION 11.002. Section 1365.052, Insurance Code, is
3770	3770	amended to conform to Chapter 769 (H.B. 4611), Acts of the 88th
3771	3771	Legislature, Regular Session, 2023, to read as follows:
3772	3772	Sec. 1365.052. EXCEPTION. This subchapter does not apply
3773	3773	to:
3774	3774	(1) a plan that provides coverage:
3775	3775	(A) for wages or payments in lieu of wages for a
3776	3776	period during which an employee is absent from work because of
3777	3777	sickness or injury; or
3778	3778	(B) only for hospital expenses; or
3779	3779	(2) the state Medicaid program, including the Medicaid
3780	3780	managed care program operated under Chapter 540 or 540A [Chapter
3781	3781	533], Government Code.
3782	3782	SECTION 11.003. Section 1366.103, Insurance Code, is
3783	3783	amended to conform to Chapter 769 (H.B. 4611), Acts of the 88th
3784	3784	Legislature, Regular Session, 2023, to read as follows:
3785	3785	Sec. 1366.103. EXCEPTIONS. This subchapter does not apply
3786	3786	to:
3787	3787	(1) a health benefit plan that provides coverage:
3788	3788	(A) for wages or payments in lieu of wages for a
3789	3789	period during which an employee is absent from work because of
3790	3790	sickness or injury; or
3791	3791	(B) only for hospital expenses;
3792	3792	(2) Medicaid managed care programs operated under
3793	3793	Chapter 540 or 540A [533], Government Code;
3794	3794	(3) Medicaid programs operated under Chapter 32, Human
3795	3795	Resources Code; or
3796	3796	(4) the state child health plan operated under Chapter
3797	3797	62 or 63, Health and Safety Code.
3798	3798	SECTION 11.004. Section 1369.093, Insurance Code, is
3799	3799	amended to conform to Chapter 769 (H.B. 4611), Acts of the 88th
3800	3800	Legislature, Regular Session, 2023, to read as follows:
3801	3801	Sec. 1369.093. EXCEPTIONS TO APPLICABILITY OF SUBCHAPTER.
3802	3802	This subchapter does not apply to an issuer or provider of health
3803	3803	benefits under or a pharmacy benefit manager administering pharmacy
3804	3804	benefits under:
3805	3805	(1) the state Medicaid program, including the Medicaid
3806	3806	managed care program operated under Chapters 540 and 540A [Chapter
3807	3807	533], Government Code;
3808	3808	(2) the child health plan program under Chapter 62,
3809	3809	Health and Safety Code;
3810	3810	(3) the TRICARE military health system; or
3811	3811	(4) a workers' compensation insurance policy or other
3812	3812	form of providing medical benefits under Title 5, Labor Code.
3813	3813	SECTION 11.005. Section 1369.1031(b), Insurance Code, is
3814	3814	amended to conform to Chapter 769 (H.B. 4611), Acts of the 88th
3815	3815	Legislature, Regular Session, 2023, to read as follows:
3816	3816	(b) Notwithstanding any other law, this section applies to:
3817	3817	(1) a standard health benefit plan issued under
3818	3818	Chapter 1507;
3819	3819	(2) a basic coverage plan under Chapter 1551;
3820	3820	(3) a basic plan under Chapter 1575;
3821	3821	(4) a primary care coverage plan under Chapter 1579;
3822	3822	(5) a plan providing basic coverage under Chapter
3823	3823	1601;
3824	3824	(6) group health coverage made available by a school
3825	3825	district in accordance with Section 22.004, Education Code; and
3826	3826	(7) the state Medicaid program, including the Medicaid
3827	3827	managed care program operated under Chapters 540 and 540A [Chapter
3828	3828	533], Government Code.
3829	3829	SECTION 11.006. Section 1369.653(a), Insurance Code, is
3830	3830	amended to conform to Chapter 769 (H.B. 4611), Acts of the 88th
3831	3831	Legislature, Regular Session, 2023, to read as follows:
3832	3832	(a) This subchapter does not apply to:
3833	3833	(1) a plan that provides coverage:
3834	3834	(A) for wages or payments in lieu of wages for a
3835	3835	period during which an employee is absent from work because of
3836	3836	sickness or injury; or
3837	3837	(B) only for hospital expenses;
3838	3838	(2) the state Medicaid program, including the Medicaid
3839	3839	managed care program operated under Chapters 540 and 540A [Chapter
3840	3840	533], Government Code; or
3841	3841	(3) the child health plan program under Chapter 62,
3842	3842	Health and Safety Code.
3843	3843	SECTION 11.007. Section 1369.763(a), Insurance Code, is
3844	3844	amended to conform to Chapter 769 (H.B. 4611), Acts of the 88th
3845	3845	Legislature, Regular Session, 2023, to read as follows:
3846	3846	(a) This subchapter does not apply to an issuer or provider
3847	3847	of health benefits under or a pharmacy benefit manager
3848	3848	administering pharmacy benefits under:
3849	3849	(1) the state Medicaid program, including the Medicaid
3850	3850	managed care program under Chapters 540 and 540A [Chapter 533],
3851	3851	Government Code;
3852	3852	(2) the child health plan program under Chapter 62,
3853	3853	Health and Safety Code;
3854	3854	(3) the TRICARE military health system; or
3855	3855	(4) a workers' compensation insurance policy or other
3856	3856	form of providing medical benefits under Title 5, Labor Code.
3857	3857	SECTION 11.008. Section 1372.002(b), Insurance Code, is
3858	3858	amended to conform to Chapter 769 (H.B. 4611), Acts of the 88th
3859	3859	Legislature, Regular Session, 2023, to read as follows:
3860	3860	(b) Notwithstanding any other law, this chapter applies to:
3861	3861	(1) a small employer health benefit plan subject to
3862	3862	Chapter 1501, including coverage provided through a health group
3863	3863	cooperative under Subchapter B of that chapter;
3864	3864	(2) a standard health benefit plan issued under
3865	3865	Chapter 1507;
3866	3866	(3) a basic coverage plan under Chapter 1551;
3867	3867	(4) a basic plan under Chapter 1575;
3868	3868	(5) a primary care coverage plan under Chapter 1579;
3869	3869	(6) a plan providing basic coverage under Chapter
3870	3870	1601;
3871	3871	(7) the state Medicaid program, including the Medicaid
3872	3872	managed care program operated under Chapters 540 and 540A [Chapter
3873	3873	533], Government Code;
3874	3874	(8) the child health plan program under Chapter 62,
3875	3875	Health and Safety Code; and
3876	3876	(9) a self-funded health benefit plan sponsored by a
3877	3877	professional employer organization under Chapter 91, Labor Code.
3878	3878	SECTION 11.009. Section 1380.002(b), Insurance Code, is
3879	3879	amended to conform to Chapter 769 (H.B. 4611), Acts of the 88th
3880	3880	Legislature, Regular Session, 2023, to read as follows:
3881	3881	(b) Notwithstanding any other law, this chapter applies to:
3882	3882	(1) a small employer health benefit plan subject to
3883	3883	Chapter 1501, including coverage provided through a health group
3884	3884	cooperative under Subchapter B of that chapter;
3885	3885	(2) a standard health benefit plan issued under
3886	3886	Chapter 1507;
3887	3887	(3) a basic coverage plan under Chapter 1551;
3888	3888	(4) a basic plan under Chapter 1575;
3889	3889	(5) a primary care coverage plan under Chapter 1579;
3890	3890	(6) a plan providing basic coverage under Chapter
3891	3891	1601;
3892	3892	(7) health benefits provided by or through a church
3893	3893	benefits board under Subchapter I, Chapter 22, Business
3894	3894	Organizations Code;
3895	3895	(8) the state Medicaid program, including the Medicaid
3896	3896	managed care program operated under Chapters 540 and 540A [Chapter
3897	3897	533], Government Code;
3898	3898	(9) the child health plan program under Chapter 62,
3899	3899	Health and Safety Code;
3900	3900	(10) a regional or local health care program operated
3901	3901	under Section 75.104, Health and Safety Code;
3902	3902	(11) a self-funded health benefit plan sponsored by a
3903	3903	professional employer organization under Chapter 91, Labor Code;
3904	3904	(12) county employee group health benefits provided
3905	3905	under Chapter 157, Local Government Code; and
3906	3906	(13) health and accident coverage provided by a risk
3907	3907	pool created under Chapter 172, Local Government Code.
3908	3908	SECTION 11.010. Section 1451.209(e), Insurance Code, is
3909	3909	amended to conform to Chapter 769 (H.B. 4611), Acts of the 88th
3910	3910	Legislature, Regular Session, 2023, to read as follows:
3911	3911	(e) This section does not apply:
3912	3912	(1) if access to a provider network contract is
3913	3913	granted to:
3914	3914	(A) a third party operating in accordance with
3915	3915	the same brand licensee program as the employee benefit plan
3916	3916	provider, health insurance policy issuer, or other contracting
3917	3917	entity selling or leasing the provider network contract, provided
3918	3918	that the third party accessing the provider network contract agrees
3919	3919	to comply with all of the original contract's terms, including the
3920	3920	contracted fee schedule and obligations concerning patient
3921	3921	steerage; or
3922	3922	(B) an entity that is an affiliate of the
3923	3923	employee benefit plan provider, health insurance policy issuer, or
3924	3924	other contracting entity selling or leasing the provider network
3925	3925	contract, provided that:
3926	3926	(i) the provider, issuer, or entity
3927	3927	publicly discloses the names of the affiliates on its Internet
3928	3928	website; and
3929	3929	(ii) the affiliate accessing the provider
3930	3930	network contract agrees to comply with all of the original
3931	3931	contract's terms, including the contracted fee schedule and
3932	3932	obligations concerning patient steerage;
3933	3933	(2) to the child health plan program under Chapter 62,
3934	3934	Health and Safety Code, or the health benefits plan for children
3935	3935	under Chapter 63, Health and Safety Code; or
3936	3936	(3) to a Medicaid managed care program operated under
3937	3937	Chapter 540 or 540A [533], Government Code, or a Medicaid program
3938	3938	operated under Chapter 32, Human Resources Code.
3939	3939	ARTICLE 12. CHANGES RELATING TO LABOR CODE
3940	3940	SECTION 12.001. Section 408.1615(a)(1), Labor Code, is
3941	3941	amended to conform to Chapter 765 (H.B. 4504), Acts of the 88th
3942	3942	Legislature, Regular Session, 2023, to read as follows:
3943	3943	(1) "First responder" means an individual who is:
3944	3944	(A) a peace officer under Article 2A.001 [2.12],
3945	3945	Code of Criminal Procedure;
3946	3946	(B) certified under Chapter 773, Health and
3947	3947	Safety Code, as an emergency care attendant, advanced emergency
3948	3948	medical technician, emergency medical technician-paramedic or a
3949	3949	licensed paramedic;
3950	3950	(C) a firefighter subject to certification by the
3951	3951	Texas Commission on Fire Protection under Chapter 419, Government
3952	3952	Code, whose principal duties are aircraft crash and rescue or fire
3953	3953	fighting; or
3954	3954	(D) an individual covered under Section 504.012
3955	3955	who is providing volunteer services as:
3956	3956	(i) a volunteer firefighter, regardless of
3957	3957	whether the individual is certified under Chapter 419, Government
3958	3958	Code; or
3959	3959	(ii) an emergency medical services
3960	3960	volunteer, as defined by Section 773.003, Health and Safety Code.
3961	3961	ARTICLE 13. CHANGES RELATING TO LOCAL GOVERNMENT CODE
3962	3962	SECTION 13.001. Section 81.029(a), Local Government Code,
3963	3963	as amended by Chapters 640 (H.B. 784) and 644 (H.B. 4559), Acts of
3964	3964	the 88th Legislature, Regular Session, 2023, is reenacted to read
3965	3965	as follows:
3966	3966	(a) This section applies only to a county judge in a county
3967	3967	that has a population of more than 800,000 and is located on the
3968	3968	international border, other than a county to which Section 81.0291
3969	3969	applies.
3970	3970	SECTION 13.002. Section 85.0011(a)(3), Local Government
3971	3971	Code, is amended to conform to Chapter 765 (H.B. 4504), Acts of the
3972	3972	88th Legislature, Regular Session, 2023, to read as follows:
3973	3973	(3) "Federal special investigator" means a person
3974	3974	described by Article 2A.002 [2.122], Code of Criminal Procedure.
3975	3975	SECTION 13.003. (a) Section 118.121, Local Government
3976	3976	Code, is amended to correct a typographical error to read as
3977	3977	follows:
3978	3978	Sec. 118.121. FEE SCHEDULE. A justice of the peace shall
3979	3979	collect the following fees for services rendered after judgment
3980	3980	(Sec. 118.123):
3981	3981	(1) Transcript . . . . . . $10.00
3982	3982	(2) Abstract of judgment . . . . . . $5.00
3983	3983	(3) Execution, order of sale, writ of restitution, or
3984	3984	other writ or process . . . $5.00 per page
3985	3985	(4) Certified copy of court papers . . . $2.00 for
3986	3986	first page
3987	3987	. . . $0.25 for each additional page
3988	3988	(5) Issuing other document (no return required) . . .
3989	3989	$1.00 for first page
3990	3990	. . . $0.25 for each additional page
3991	3991	(b) Sections 118.123(a), (b), and (d), Local Government
3992	3992	Code, are amended to conform to Section 3.08, Chapter 472 (S.B. 41),
3993	3993	Acts of the 87th Legislature, Regular Session, 2021, to read as
3994	3994	follows:
3995	3995	(a) The fees [fee] for "Services rendered after judgment"
3996	3996	under Section 118.121 apply [118.121(2) applies] to a civil matter
3997	3997	in a justice court or small claims court.
3998	3998	(b) The fee for a "Transcript" under Section 118.121(1)
3999	3999	[118.121(2)] is for making and certifying a transcript of the
4000	4000	entries on a docket and, in the case of an appeal or certiorari, for
4001	4001	filing the transcript with the original papers of the case in the
4002	4002	proper court.
4003	4003	(d) The fee for an "Execution, order of sale, writ of
4004	4004	restitution, or other writ or process" under Section 118.121(3)
4005	4005	[118.121(2)] is for issuing and recording the return on any of those
4006	4006	documents. The fee applies only to a writ or process for the
4007	4007	issuance of which another fee is not provided by this subchapter.
4008	4008	(c) Section 118.123(e), Local Government Code, is amended
4009	4009	to correct a reference to read as follows:
4010	4010	(e) The fee for "Issuing other document (no return
4011	4011	required)" under Section 118.121(5) [118.121(2)] is for issuing a
4012	4012	certificate, notice, statement, or any other document, except for a
4013	4013	certified copy of court papers, that a justice of the peace is
4014	4014	authorized or required to issue on which a return is not to be
4015	4015	recorded. The fee must be paid at the time the order is placed.
4016	4016	(d) Section 118.1235, Local Government Code, is amended to
4017	4017	correct a reference to read as follows:
4018	4018	Sec. 118.1235. FEE FOR CERTIFIED COPY. The fee for
4019	4019	"Certified copy of court papers" under Section 118.121(4)
4020	4020	[118.121(2)] is for issuing a certified copy of a paper filed in a
4021	4021	justice court or a small claims court. The fee must be paid at the
4022	4022	time the order is placed.
4023	4023	SECTION 13.004. Section 134.156(a), Local Government Code,
4024	4024	is amended to conform to Chapter 765 (H.B. 4504), Acts of the 88th
4025	4025	Legislature, Regular Session, 2023, to read as follows:
4026	4026	(a) In a county or municipality that employs or contracts
4027	4027	with a juvenile case manager under Article 45A.451 [45.056], Code
4028	4028	of Criminal Procedure, money allocated under Section 134.103 to the
4029	4029	local youth diversion fund maintained in the county or municipal
4030	4030	treasury as required by Section 134.151 may be used by a county or
4031	4031	municipality to finance the salary, benefits, training, travel
4032	4032	expenses, office supplies, and other necessary expenses relating to
4033	4033	the position of a juvenile case manager. If there is money in the
4034	4034	fund after those costs are paid, subject to the direction of the
4035	4035	governing body of the county or municipality and on approval by the
4036	4036	employing court, a juvenile case manager may direct the remaining
4037	4037	money to be used to implement programs directly related to the
4038	4038	duties of the juvenile case manager, including juvenile alcohol and
4039	4039	substance abuse programs, educational and leadership programs, and
4040	4040	any other projects designed to prevent or reduce the number of
4041	4041	juvenile referrals to the court.
4042	4042	SECTION 13.005. Section 212.072(b-1), Local Government
4043	4043	Code, is amended to correct a reference to read as follows:
4044	4044	(b-1) In addition, if the municipality has a population of
4045	4045	1.8 million or more, the municipality may participate at a level not
4046	4046	to exceed 100 percent of the total contract price for all required
4047	4047	drainage improvements related to the development and construction
4048	4048	of affordable housing. Under this subsection, affordable housing
4049	4049	is defined as housing which is equal to or less than the median
4050	4050	sales price, as determined by the Texas Real Estate Research Center
4051	4051	at Texas A&M University, of a home in the Metropolitan Statistical
4052	4052	Area (MSA) in which the municipality is located.
4053	4053	ARTICLE 14. CHANGES RELATING TO NATURAL RESOURCES CODE
4054	4054	SECTION 14.001. Section 133.003, Natural Resources Code, is
4055	4055	amended to conform to Chapter 706 (H.B. 2847), Acts of the 78th
4056	4056	Legislature, Regular Session, 2003, by adding Subdivision (6-a) and
4057	4057	amending Subdivision (27) to read as follows:
4058	4058	(6-a) "Department" means the Texas Department of
4059	4059	Transportation.
4060	4060	(27) "Unacceptable unsafe location" means a condition
4061	4061	where the edge of a pit is located within 200 feet of a public
4062	4062	roadway intersection in a manner which, in the judgment of the
4063	4063	department [commission]:
4064	4064	(A) presents a significant risk of harm to public
4065	4065	motorists by reason of the proximity of the pit to the roadway
4066	4066	intersection; and,
4067	4067	(B) has no naturally occurring or artificially
4068	4068	constructed barrier or berm between the road and pit that would
4069	4069	likely prevent a motor vehicle from accidentally entering the pit
4070	4070	as the result of a motor vehicle collision at or near the
4071	4071	intersection; or which,
4072	4072	(C) in the opinion of the department
4073	4073	[commission], is also at any other location constituting a
4074	4074	substantial dangerous risk to the driving public, which condition
4075	4075	can be rectified by the placement of berms, barriers, guardrails,
4076	4076	or other devices as prescribed by this code.
4077	4077	SECTION 14.002. Subchapter B, Chapter 133, Natural
4078	4078	Resources Code, is amended to conform to Chapter 706 (H.B. 2847),
4079	4079	Acts of the 78th Legislature, Regular Session, 2003, to read as
4080	4080	follows:
4081	4081	SUBCHAPTER B. AUTHORITY OF DEPARTMENT [COMMISSION]
4082	4082	Sec. 133.011. GENERAL AUTHORITY OF THE DEPARTMENT
4083	4083	[COMMISSION]. To accomplish the limited purposes of this chapter,
4084	4084	the department [commission] may:
4085	4085	(1) with proper notice to all parties affected, adopt
4086	4086	rules and regulations consistent with the provisions of this
4087	4087	chapter and issue orders necessary to implement and enforce this
4088	4088	chapter;
4089	4089	(2) conduct research necessary for the discharge of
4090	4090	its duties under this chapter;
4091	4091	(3) collect and make available to the public
4092	4092	information relating to the inventory and classification of
4093	4093	quarries, including maps and other technical data;
4094	4094	(4) apply for, accept, receive, and administer grants,
4095	4095	gifts, loans, or other funds from any source; and
4096	4096	(5) hold public hearings, take written sworn
4097	4097	testimony, hear witnesses upon oath, and consider reports in regard
4098	4098	to the classifications of pits within the definitions of hazardous
4099	4099	proximity to a public road and unacceptable unsafe location,
4100	4100	issuing rules and orders in relation thereto.
4101	4101	Sec. 133.012. INVENTORY OF ACTIVE, INACTIVE, AND ABANDONED
4102	4102	QUARRIES AND PITS. (a) The department [commission] shall
4103	4103	inventory, classify, and maintain a log according to the degree of
4104	4104	hazard, proximity to public roads, age, and current use of all
4105	4105	existing, inactive, or abandoned quarries that have a pit perimeter
4106	4106	that is in hazardous proximity to a public road, and those pits that
4107	4107	are in an unacceptable unsafe location.
4108	4108	(b) The department [commission] shall keep a current log of
4109	4109	all quarries that are required to be inventoried under Subsection
4110	4110	(a) of this section, including such quarries and pits for which
4111	4111	initial operations begin after June 30, 1991.
4112	4112	Sec. 133.013. DETERMINATION OF STATUS. After notice and
4113	4113	hearing, the department [commission] may determine whether a quarry
4114	4114	or pit has been abandoned, is active, or is inactive.
4115	4115	SECTION 14.003. Section 133.021(b), Natural Resources
4116	4116	Code, is amended to conform to Chapter 706 (H.B. 2847), Acts of the
4117	4117	78th Legislature, Regular Session, 2003, to read as follows:
4118	4118	(b) Where a conflict arises in identifying a person
4119	4119	responsible for the pit, the department [commission] may hold a
4120	4120	public hearing.
4121	4121	SECTION 14.004. Section 133.031, Natural Resources Code, is
4122	4122	amended to conform to Chapter 706 (H.B. 2847), Acts of the 78th
4123	4123	Legislature, Regular Session, 2003, to read as follows:
4124	4124	Sec. 133.031. REPORT OF ABANDONED OR INACTIVE QUARRY OR
4125	4125	PIT. (a) On or before March 1, 1992, the person responsible for an
4126	4126	abandoned quarry or pit shall report to the department
4127	4127	[commission].
4128	4128	(b) On or before March 1, 1992, the person responsible for a
4129	4129	quarry or pit that became inactive before January 1, 1991, and did
4130	4130	not resume operations before June 30, 1991, shall report to the
4131	4131	department [commission].
4132	4132	SECTION 14.005. Section 133.032, Natural Resources Code, is
4133	4133	amended to conform to Chapter 706 (H.B. 2847), Acts of the 78th
4134	4134	Legislature, Regular Session, 2003, to read as follows:
4135	4135	Sec. 133.032. REPORT OF AN ACTIVE QUARRY OR PIT. On or
4136	4136	before October 1, 1991, the person responsible for a quarry or pit
4137	4137	that is active on June 30, 1991, shall report to the department
4138	4138	[commission].
4139	4139	SECTION 14.006. Subchapter D, Chapter 133, Natural
4140	4140	Resources Code, is amended to conform to Chapter 706 (H.B. 2847),
4141	4141	Acts of the 78th Legislature, Regular Session, 2003, to read as
4142	4142	follows:
4143	4143	SUBCHAPTER D. SAFETY AND CERTIFICATION
4144	4144	Sec. 133.041. BARRIERS REQUIRED. (a) A person responsible
4145	4145	for an active pit must construct a barrier or other device required
4146	4146	by this code between a public road adjoining the site and a pit,
4147	4147	provided the pit is in hazardous proximity to the public road.
4148	4148	(b) A person responsible for an abandoned or inactive pit
4149	4149	must construct a barrier or other device required by this code
4150	4150	between a public road adjoining the site and the pit, provided that
4151	4151	the pit is in hazardous proximity to a public road and in an
4152	4152	unacceptable unsafe location. The department [commission] may
4153	4153	grant a waiver from the barrier requirement if the person
4154	4154	responsible for the abandoned or inactive pit submits an
4155	4155	application to the department [commission] showing that:
4156	4156	(1) a governmental entity obtained a right-of-way and
4157	4157	constructed a public road within 200 feet of the abandoned or
4158	4158	inactive pit before August 26, 1991; and
4159	4159	(2) the pit has remained abandoned or inactive since
4160	4160	the road was constructed.
4161	4161	(c) The responsible party may choose to slope the sidewalls
4162	4162	of a pit in place of constructing a berm or barrier, provided that
4163	4163	in the opinion of the responsible party such corrective measure
4164	4164	better serves the public safety and provided that the slope shall
4165	4165	not exceed 30 degrees from the horizontal.
4166	4166	(d) The barrier or other device must be completed not later
4167	4167	than the 90th day after the day on which the person responsible for
4168	4168	the quarry or pit receives a notice of approval under Section
4169	4169	133.048(b) of this code. An additional time of not more than 60
4170	4170	days may be granted by the department [commission] for good cause
4171	4171	shown. If the responsible person must obtain an easement before
4172	4172	constructing the barrier or other device, the department
4173	4173	[commission] may grant additional reasonable time to complete the
4174	4174	barrier or other device.
4175	4175	Sec. 133.042. CONSTRUCTION STANDARDS. (a) A barrier
4176	4176	constructed under Section 133.041 of this code must:
4177	4177	(1) reach a height that the department [commission]
4178	4178	determines that under the circumstances will obstruct, restrain,
4179	4179	and prevent the normal passage of vehicular traffic;
4180	4180	(2) be of substantial construction suitable for impact
4181	4181	under normal driving conditions; and
4182	4182	(3) have openings to the extent necessary for travel
4183	4183	on the premises and for public road drainage, although such
4184	4184	drainage paths must be covered with protective material,
4185	4185	substantial enough to turn away motor vehicular traffic that
4186	4186	normally travels the adjacent public road.
4187	4187	(b) The department [commission] may not adopt construction
4188	4188	standards for barriers under Subsection (a) that are more stringent
4189	4189	than department [the Texas Department of Transportation] standards
4190	4190	under other law.
4191	4191	(c) In the event the department [commission] determines
4192	4192	that the pit location as detailed in the quarry safety plan or other
4193	4193	application will contain substantial soil types of such density and
4194	4194	other factors that will have a high probability of holding or
4195	4195	impounding water, when the pit is operating, inactive, or
4196	4196	abandoned, wherein the impoundment of water poses a definite and
4197	4197	determinable unreasonable risk to human health and safety as set
4198	4198	out in this code, the department [commission] may require the
4199	4199	responsible party operating soil, dirt, clay, gravel, sand, caliche
4200	4200	and clay pits to slope the sidewalls as an additional requirement to
4201	4201	obtain a safety certificate or to alter the berm or barrier.
4202	4202	Sec. 133.043. CONSTRUCTION COSTS. (a) The department
4203	4203	[commission] shall adopt and implement rules, standards, or
4204	4204	procedures necessary to obtain funds that are or may become
4205	4205	available under the federal act, or any federal or state law, for
4206	4206	the cost of constructing barriers required by this code.
4207	4207	(b) The person responsible for the pit shall pay the cost of
4208	4208	constructing a barrier to the extent that person is unable to obtain
4209	4209	funds available under any state, municipal, or federal source.
4210	4210	Sec. 133.044. PROHIBITION AGAINST OPENING PITS. (a) From
4211	4211	and after November 1, 1991, no person responsible may open a new pit
4212	4212	on a site for the extraction of aggregates in this state wherein the
4213	4213	pit perimeter will be less than 25 feet from the outer right-of-way
4214	4214	line of any public road or highway ("the setback distance").
4215	4215	(b) From and after November 1, 1991, no person responsible
4216	4216	may open a new pit on a site for the extraction of aggregates in this
4217	4217	state wherein the pit perimeter is in hazardous proximity to a
4218	4218	public road without first filing a quarry safety plan detailing how
4219	4219	the applicant intends to comply with the safety provisions of this
4220	4220	code in the opening and closing of the pit.
4221	4221	(c) The quarry safety plan must:
4222	4222	(1) set out the information required in Section
4223	4223	133.046 et seq. of this code; and
4224	4224	(2) be filed by the applicant at least 60 days prior to
4225	4225	the opening of the pit; and
4226	4226	(3) contain a statement as to the yearly progress of
4227	4227	the encroachment of the pit perimeter within the hazardous
4228	4228	proximity to a public road, if any, and the type of berm or barrier
4229	4229	or other device required by this code that will be erected; and
4230	4230	(4) be in writing, certified and sworn to the
4231	4231	applicant; and
4232	4232	(5) contain any other information relating to safety
4233	4233	matters as the department [commission] by rule or regulation deems
4234	4234	essential to the implementation of this code.
4235	4235	Sec. 133.045. SAFETY CERTIFICATE REQUIRED. (a) A safety
4236	4236	certificate is required for an active, inactive, or abandoned
4237	4237	quarry or pit that is located in hazardous proximity to a public
4238	4238	road or is in an unacceptable unsafe location, excluding an
4239	4239	inactive or abandoned quarry or pit that receives a written waiver
4240	4240	from the department [commission].
4241	4241	(b) From and after November 1, 1991, unless a person
4242	4242	responsible for a quarry or pit has obtained from the department
4243	4243	[commission] a certificate that a quarry or pit complies with this
4244	4244	subchapter and rules or orders adopted under this subchapter, and
4245	4245	subject to Subsection (c) of this section, the person responsible
4246	4246	may not:
4247	4247	(1) open a new pit in hazardous proximity to a public
4248	4248	road; and
4249	4249	(2) locate a pit in an area wherein it is in an
4250	4250	unacceptable unsafe location; or
4251	4251	(3) reopen, operate, or abandon a quarry or pit that is
4252	4252	in hazardous proximity to a public road and in an unacceptable
4253	4253	unsafe location; and
4254	4254	(4) provided, however, that the person responsible
4255	4255	must have received a notice from the department [commission] that
4256	4256	the quarry or pit requires the operator to obtain a safety
4257	4257	certificate, before that person is prohibited from operating or
4258	4258	maintaining the quarry or pit without a safety certificate.
4259	4259	(c) Any person responsible who, on November 1, 1991, is
4260	4260	utilizing a portion of a site for quarrying operations, including
4261	4261	the stockpiling, sale, or processing of aggregates or a combination
4262	4262	thereof, or who has a current, valid, or outstanding agreement or
4263	4263	legal right to develop, utilize, or quarry the property, shall be
4264	4264	responsible for obtaining a safety certificate limited to that
4265	4265	specific pit area he is using or excavating or intends to use or
4266	4266	excavate.
4267	4267	(d) A person responsible for a quarry or pit may operate the
4268	4268	pit during a period that is described by Subsection (a) or (c) of
4269	4269	Section 133.052 of this code.
4270	4270	(e) In the event a quarry or pit previously not within the
4271	4271	proscribed distance in the definition of "in hazardous proximity to
4272	4272	a public road" and not initially within the purview of
4273	4273	"unacceptable unsafe location" later becomes subject to regulation
4274	4274	as the result of an expansion or relocation of an existing public
4275	4275	road or construction of a new public road, the person or entity
4276	4276	responsible for the expansion or relocation of the existing public
4277	4277	road or construction of a new public road shall be liable to report
4278	4278	the same to the department [commission] within 90 days of the date
4279	4279	the expansion, relocation, or construction is finally
4280	4280	accomplished.
4281	4281	(f) The department [commission] shall provide such rules
4282	4282	and regulations to require the person or entity responsible for the
4283	4283	expansion or relocation to erect berms or barriers.
4284	4284	(g) For the purposes of this subsection, the person or
4285	4285	entity responsible for the erection of berms or barriers is that
4286	4286	person or entity having the original and initial legal authority
4287	4287	and responsibility for the initiation and contracting of the
4288	4288	expansion or relocation.
4289	4289	Sec. 133.046. FORM AND CONTENTS OF APPLICATION. (a) The
4290	4290	department [commission] by rule shall prescribe the form of an
4291	4291	application for a safety certificate.
4292	4292	(b) An application for a safety certificate must contain not
4293	4293	more than:
4294	4294	(1) the name, address, and telephone number of the
4295	4295	person responsible for the quarry or pit;
4296	4296	(2) the name, address, and telephone number of the
4297	4297	owner or owners if different from the person responsible for the
4298	4298	quarry or pit;
4299	4299	(3) the type of quarrying activities, if any,
4300	4300	occurring on the site;
4301	4301	(4) a brief description of the site, including the
4302	4302	acreage outside and inside the pit;
4303	4303	(5) the distance of each pit perimeter from the
4304	4304	nearest roadway edge of each public road that the site adjoins and
4305	4305	the nearest intersection of any public or private road or driveway;
4306	4306	(6) the depth in feet, below the top of the pit
4307	4307	highwall located between the pit and the roadway, of the deepest
4308	4308	excavation in the pit;
4309	4309	(7) a description of and a construction plan for any
4310	4310	barrier or other device allowed in this code to be constructed,
4311	4311	specifying the material to be used and the expected date of
4312	4312	completion; and
4313	4313	(8) any other information or condition that, in the
4314	4314	opinion of the operator or owner, constitutes an unacceptable
4315	4315	unsafe location, as defined or required by this Act that is
4316	4316	absolutely essential to the purposes of this Act.
4317	4317	Sec. 133.047. APPLICATION FEE. (a) The department
4318	4318	[commission] may require the payment of an application fee.
4319	4319	(b) The department [commission] shall set the fee in an
4320	4320	amount reasonably necessary to cover the department's
4321	4321	[commission's] cost of carrying out this chapter, but not more
4322	4322	than:
4323	4323	(1) $500 for an active aggregate quarry or pit;
4324	4324	(2) $500 for an inactive or abandoned aggregate quarry
4325	4325	or pit unless the responsible party is a governmental entity in
4326	4326	which case the fee shall be no more than $350.
4327	4327	Sec. 133.048. REVIEW OF APPLICATION. (a) Not later than
4328	4328	the 10th day after the day on which an application for a safety
4329	4329	certificate is received, the department [commission] shall review
4330	4330	the application and the plan and determine if each complies with
4331	4331	this subchapter, and with rules or orders adopted under this
4332	4332	subchapter, and issue such findings and conclusions as may be
4333	4333	necessary.
4334	4334	(b) If the application and plan comply with this subchapter,
4335	4335	and rules or orders adopted under this subchapter, the department
4336	4336	[commission] must approve the application and notify the applicant
4337	4337	in writing of the department's [commission's] decision.
4338	4338	(c) If the department [commission] determines that an
4339	4339	application or plan does not comply with this subchapter and rules
4340	4340	or orders adopted under this subchapter, the department
4341	4341	[commission] must notify the applicant in writing of the
4342	4342	department's [commission's] decision, specifying any defects.
4343	4343	(d) Any notices required under Subsections (b) and (c) of
4344	4344	this section must be mailed to the applicant certified mail,
4345	4345	postage prepaid, return receipt requested, not later than the fifth
4346	4346	day after the day on which the department [commission] approves or
4347	4347	disapproves the application.
4348	4348	(e) An applicant who receives notice of denial under
4349	4349	Subsections (c) and (d) of this section may submit, not later than
4350	4350	the 30th day after the day on which the notice is received, a
4351	4351	modified application or plan.
4352	4352	(f) Not later than the fifth day after the day on which the
4353	4353	department [commission] receives a modified application or plan,
4354	4354	the department [commission] must approve or deny the modified
4355	4355	application or plan and notify the applicant in writing of the
4356	4356	department's [commission's] decision.
4357	4357	(g) The department [commission] shall first review
4358	4358	applications for sites that have been abandoned and that are within
4359	4359	the setback distances.
4360	4360	Sec. 133.049. INSPECTION OF BARRIERS. Within 15 days of the
4361	4361	time in which construction of barriers required by Section 133.041
4362	4362	of this code and described in an approved application is required to
4363	4363	be completed, the department [commission] may inspect those
4364	4364	barriers to determine whether they meet the requirements of this
4365	4365	subchapter.
4366	4366	Sec. 133.050. ISSUANCE OF CERTIFICATE. (a) If, after
4367	4367	inspection, the department [commission] determines that the
4368	4368	barriers described in an approved application conform with the plan
4369	4369	and comply with this subchapter, and the rules or orders adopted
4370	4370	under this subchapter, the department [commission] must issue a
4371	4371	safety certificate to the person responsible for the pit.
4372	4372	(b) If, after inspection, the department [commission]
4373	4373	determines that a barrier does not comply with this subchapter or a
4374	4374	rule or order adopted under this subchapter, the department
4375	4375	[commission] shall give the applicant written notice of any defects
4376	4376	in that barrier and shall allow the applicant a reasonable time, not
4377	4377	to exceed 60 days from the day notice is received, to cure the
4378	4378	defects.
4379	4379	Sec. 133.051. TRANSFER OF CERTIFICATE AFTER TRANSFER OF
4380	4380	TITLE. (a) A person holding a safety certificate has the full
4381	4381	right, power, and authority to transfer the certificate upon the
4382	4382	sale, lease, or other transfer of title to the site, provided the
4383	4383	new owner, operator, lessor or lessee, or party in interest files a
4384	4384	written affidavit that:
4385	4385	(1) all barriers between a pit and the nearest roadway
4386	4386	edge of any public road comply with this subchapter, and rules and
4387	4387	orders adopted by this subchapter; and
4388	4388	(2) there will be no change, on or after the day of the
4389	4389	transfer of title or operation, in:
4390	4390	(A) the condition or location of a barrier; and
4391	4391	(B) the distance of a pit perimeter from:
4392	4392	(i) the nearest public road; and
4393	4393	(ii) the nearest intersection of a public
4394	4394	road and a private road or driveway.
4395	4395	(b) The transfer affidavit must be filed not later than the
4396	4396	30th day after the day on which the transfer of title to or
4397	4397	operation of the quarry or pit occurs.
4398	4398	(c) Except as provided by Section 133.053(a) of this code,
4399	4399	the department [commission] must process and approve a transfer of
4400	4400	a safety certificate not later than the 10th day after the day on
4401	4401	which the department [commission] receives a completed transfer
4402	4402	affidavit.
4403	4403	(d) The department [commission] may require the payment of a
4404	4404	reasonable fee for processing the transfer affidavit, not to exceed
4405	4405	the actual administrative costs of receipt and processing, which
4406	4406	amount shall not be more than $250.
4407	4407	(e) The hypothecating, mortgaging, or other transfer of
4408	4408	equitable title or a pledge of any assets to creditors of the
4409	4409	operator or owner shall not require the filing of a transfer
4410	4410	affidavit.
4411	4411	Sec. 133.052. RECERTIFICATION AFTER TRANSFER OF TITLE. (a)
4412	4412	Unless proper transfer affidavit is filed pursuant to this
4413	4413	subchapter, or an application for an amended certificate as
4414	4414	required by Subsection (b) of this section is pending, an existing
4415	4415	safety certificate expires on the 90th day after the day on which a
4416	4416	sale, lease, or other transfer of title to or operation of the
4417	4417	quarry or pit for which the certificate was issued occurs.
4418	4418	(b) To obtain an amended or new safety certificate, a new
4419	4419	owner, operator, lessor, or lessee must submit an application and
4420	4420	plan as required by Section 133.046 of this code not later than the
4421	4421	30th day after the day on which the transfer of title to the quarry
4422	4422	or pit occurs or a change in the activities of the quarry or pit
4423	4423	necessitates.
4424	4424	(c) If an application for a new certificate has been
4425	4425	submitted as required by Subsection (b) of this section, the
4426	4426	existing safety certificate continues in effect until the
4427	4427	department's [commission's] decision either approving or
4428	4428	disapproving the new or amended certificate is issued and becomes
4429	4429	final.
4430	4430	Sec. 133.053. DENIAL OR REVOCATION OF CERTIFICATE. (a) At
4431	4431	its option, the department [commission] may not issue or approve
4432	4432	the transfer of a certificate to a person who has violated this
4433	4433	chapter or a rule or order adopted under this chapter.
4434	4434	(b) The department [commission] may revoke or disapprove
4435	4435	the transfer of a safety certificate issued under this subchapter
4436	4436	only if, after notice and hearing, the department [commission]
4437	4437	determines that the holder of the certificate has violated this
4438	4438	chapter or a rule or order adopted under this chapter.
4439	4439	Sec. 133.054. CESSATION OF ACTIVE PIT OPERATIONS. (a) The
4440	4440	responsible party who plans or intends to cease active operations
4441	4441	in a quarry or pit subject to the provisions of this code shall, 60
4442	4442	days prior to cessation of operations, notify the department
4443	4443	[commission] of its intent and submit any additional plans the
4444	4444	operator determines necessary to protect the public good and
4445	4445	welfare after the cessation of operations. The department
4446	4446	[commission] may charge a fee for the actual costs of processing the
4447	4447	notice, which fee shall not exceed $500.
4448	4448	(b) The department [commission] shall have inspected the
4449	4449	quarry and pit within 10 days after receipt of the notice in order
4450	4450	to ensure compliance with the provisions of this chapter and any
4451	4451	additional plans by the operator as may be submitted pursuant to
4452	4452	Subsection (a) of this section.
4453	4453	(c) Upon inspection, the department [commission] shall have
4454	4454	10 days to notify the operator of compliance, or lack thereof, and
4455	4455	in the event of compliance shall issue a safety certificate
4456	4456	pursuant to Section 133.050 of this code.
4457	4457	(d) In the event of noncompliance, the department
4458	4458	[commission] shall follow the procedures as set out in Section
4459	4459	133.048 et seq. of this code.
4460	4460	SECTION 14.007. Section 133.081, Natural Resources Code, is
4461	4461	amended to conform to Chapter 706 (H.B. 2847), Acts of the 78th
4462	4462	Legislature, Regular Session, 2003, to read as follows:
4463	4463	Sec. 133.081. NOTICE OF VIOLATION; TIME TO CURE. (a) On
4464	4464	receipt of a complaint or a violation of this chapter or a rule or
4465	4465	order adopted under this chapter or on its own motion, the
4466	4466	department [commission] must give the person responsible for the
4467	4467	quarry or pit written notice of each alleged violation, including
4468	4468	the applicable statutory reference, and rule or order so violated
4469	4469	and its relation thereto, and the date, time, and place for a
4470	4470	hearing.
4471	4471	(b) If, after notice and a hearing, the department
4472	4472	[commission] determines that a violation has occurred, the
4473	4473	department [commission] must make written findings of the actual or
4474	4474	threatened violation and the required corrective work and shall
4475	4475	prescribe by order a specific period, commensurate with the work to
4476	4476	be done but not to exceed 90 days from the date of the order, during
4477	4477	which the corrective work must be done, unless an extension of time
4478	4478	for good cause shown by the person responsible is granted by the
4479	4479	department [commission].
4480	4480	(c) If the responsible party fails to perform corrective
4481	4481	work required by the department [commission] under Subsection (b)
4482	4482	of this section within 120 days after notice is given to the
4483	4483	responsible party, the department [commission] may contract for the
4484	4484	corrective work to be done at reasonable, customary, and ordinary
4485	4485	costs applicable in the industry. Such costs shall be submitted
4486	4486	within 30 days of the date the work is finished, and the responsible
4487	4487	party shall have 60 days to pay the costs or appeal the decision. In
4488	4488	the event the responsible party fails to pay the costs as presented
4489	4489	or fails timely to contest or appeal the costs as presented by the
4490	4490	department [commission], the department [commission] shall have
4491	4491	the right to impose such fine or injunction as is warranted,
4492	4492	consistent with the provisions of Section 133.082 et seq.
4493	4493	SECTION 14.008. Section 133.083(a), Natural Resources
4494	4494	Code, is amended to conform to Chapter 706 (H.B. 2847), Acts of the
4495	4495	78th Legislature, Regular Session, 2003, to read as follows:
4496	4496	(a) The department [commission] may enforce this chapter or
4497	4497	a rule or order adopted under this chapter by injunction or other
4498	4498	appropriate remedy.
4499	4499	SECTION 14.009. Section 133.084, Natural Resources Code, is
4500	4500	amended to conform to Chapter 706 (H.B. 2847), Acts of the 78th
4501	4501	Legislature, Regular Session, 2003, to read as follows:
4502	4502	Sec. 133.084. RECOVERY OF COSTS. A person responsible for a
4503	4503	quarry or pit is liable to the state for customary, ordinary, and
4504	4504	reasonable costs incurred by the department [commission] in
4505	4505	undertaking corrective or enforcement action under this chapter and
4506	4506	for court costs and attorney's fees.
4507	4507	SECTION 14.010. Section 133.085(a), Natural Resources
4508	4508	Code, is amended to conform to Chapter 706 (H.B. 2847), Acts of the
4509	4509	78th Legislature, Regular Session, 2003, to read as follows:
4510	4510	(a) At the request of the department [commission], the
4511	4511	attorney general shall bring suit for injunctive or other relief,
4512	4512	to recover a civil penalty or costs as provided by Section 133.082
4513	4513	or 133.084 of this code, or for both injunctive or other relief and
4514	4514	to recover a civil penalty or costs.
4515	4515	SECTION 14.011. Section 133.093, Natural Resources Code, is
4516	4516	amended to conform to Chapter 706 (H.B. 2847), Acts of the 78th
4517	4517	Legislature, Regular Session, 2003, to read as follows:
4518	4518	Sec. 133.093. CONFLICT WITH DEPARTMENT [COMMISSION] RULE.
4519	4519	A county may not adopt regulations for aggregate quarries and pits
4520	4520	which are regulated by the department [commission].
4521	4521	SECTION 14.012. Section 133.003(5), Natural Resources
4522	4522	Code, is repealed.
4523	4523	ARTICLE 15. CHANGES RELATING TO OCCUPATIONS CODE
4524	4524	SECTION 15.001. Section 455.152, Occupations Code, as
4525	4525	amended by Chapters 13 (S.B. 483) and 440 (H.B. 2016), Acts of the
4526	4526	88th Legislature, Regular Session, 2023, is reenacted and amended
4527	4527	to read as follows:
4528	4528	Sec. 455.152. INELIGIBILITY FOR LICENSE. A person is not
4529	4529	eligible for a license as a massage establishment, massage school,
4530	4530	massage therapist, or massage therapy instructor if the person is
4531	4531	an individual and has been convicted of, entered a plea of nolo
4532	4532	contendere or guilty to, or received deferred adjudication for:
4533	4533	(1) an offense under Chapter 20A, Penal Code [Section
4534	4534	22.011 or 22.021 Penal Code], or Section 43.021, 43.03, 43.031,
4535	4535	43.04, 43.041, or 43.05, Penal Code; [or]
4536	4536	(2) an offense under federal law or the laws of another
4537	4537	state containing elements that are substantially similar to the
4538	4538	elements of an offense described by Subdivision (1); or
4539	4539	(3) an offense under Section 22.011 or 22.021, Penal
4540	4540	Code.
4541	4541	SECTION 15.002. Section 1701.2515(b), Occupations Code, is
4542	4542	amended to correct an error in enrolling Senate Bill 999, Acts of
4543	4543	the 88th Legislature, Regular Session, 2023, to read as follows:
4544	4544	(b) An individual or a legal entity may not provide active
4545	4545	shooter training to peace officers of [students or employees at] a
4546	4546	public primary or secondary school or an institution of higher
4547	4547	education unless:
4548	4548	(1) the individual providing the instruction is
4549	4549	certified by the commission under this section to provide the
4550	4550	training; and
4551	4551	(2) if the training is provided by a legal entity, both
4552	4552	the legal entity and the individual providing the instruction on
4553	4553	behalf of the legal entity are certified by the commission under
4554	4554	this section to provide the training.
4555	4555	ARTICLE 16. CHANGES RELATING TO PARKS AND WILDLIFE CODE
4556	4556	SECTION 16.001. Section 11.032(b), Parks and Wildlife Code,
4557	4557	as amended by Chapters 235 (H.B. 2755) and 334 (H.B. 4018), Acts of
4558	4558	the 88th Legislature, Regular Session, 2023, is reenacted and
4559	4559	amended to read as follows:
4560	4560	(b) The department shall deposit to the credit of the game,
4561	4561	fish, and water safety account all revenue, less allowable costs,
4562	4562	from the following sources:
4563	4563	(1) all types of fishing licenses and stamps and
4564	4564	shrimping licenses;
4565	4565	(2) all types of hunting licenses and stamps;
4566	4566	(3) trapping licenses and other licenses relating to
4567	4567	the taking, propagation, and sale of fur-bearing animals or their
4568	4568	pelts;
4569	4569	(4) sale of marl, sand, gravel, shell, and mudshell;
4570	4570	(5) oyster bed rentals and permits;
4571	4571	(6) federal funds received for fish and wildlife
4572	4572	research, management, development and conservation, resource
4573	4573	protection, and law enforcement, unless the funds are received for
4574	4574	the specific purposes of Subchapter F, Chapter 77;
4575	4575	(7) sale of property, less advertising costs,
4576	4576	purchased from this account or a special fund or account that is now
4577	4577	part of this account;
4578	4578	(8) fines and penalties collected for violations of a
4579	4579	law pertaining to the protection and conservation of wild birds,
4580	4580	wild fowl, wild animals, fish, shrimp, oysters, game birds and
4581	4581	animals, fur-bearing animals, alligators, and any other wildlife
4582	4582	resources of this state;
4583	4583	(9) sale of rough fish by the department;
4584	4584	(10) fees for importation permits;
4585	4585	(11) fees from supplying fish for or placing fish in
4586	4586	water located on private property;
4587	4587	(12) sale of seized pelts;
4588	4588	(13) sale or lease of grazing rights to and the
4589	4589	products from game preserves, sanctuaries, and management areas;
4590	4590	(14) contracts for the removal of fur-bearing animals
4591	4591	and reptiles from wildlife management areas;
4592	4592	(15) vessel registration fees;
4593	4593	(16) vessel manufacturer or dealer licensing fees;
4594	4594	(17) fines or penalties imposed by a court for
4595	4595	violation of water safety laws contained in Chapter 31 of this code;
4596	4596	(18) alligator hunter's or alligator buyer's licenses;
4597	4597	(19) sale of alligators or any part of an alligator by
4598	4598	the department;
4599	4599	(20) fees and revenue collected under Section
4600	4600	11.027(b) or (c) of this code that are associated with the
4601	4601	conservation of fish and wildlife;
4602	4602	(21) fees related to cultivated oyster mariculture;
4603	4603	(22) vessel and outboard motor titling fees;
4604	4604	(23) participation fees collected under Section
4605	4605	43.976;
4606	4606	(24) money received by the department from:
4607	4607	(A) boater education program courses and
4608	4608	examinations administered under Section 31.108; and
4609	4609	(B) boater education deferrals issued under the
4610	4610	program established under Section 31.110(c); [and]
4611	4611	(25) [(24)] money received by the department from
4612	4612	carbon sequestration or similar ecosystem services projects
4613	4613	described by Section 11.302(b)(1); and
4614	4614	(26) [(25)] any other source provided by law.
4615	4615	ARTICLE 17. CHANGES RELATING TO PENAL CODE
4616	4616	SECTION 17.001. Section 21.08(b), Penal Code, as amended by
4617	4617	Chapters 351 (S.B. 1179) and 822 (H.B. 1730), Acts of the 88th
4618	4618	Legislature, Regular Session, 2023, is reenacted and amended to
4619	4619	read as follows:
4620	4620	(b) An offense under this section is a Class B misdemeanor,
4621	4621	except that the offense is:
4622	4622	(1) a Class A misdemeanor if it is shown on the trial
4623	4623	of the offense that the defendant has been previously convicted one
4624	4624	time of an offense under this section; [and]
4625	4625	(2) a state jail felony if it is shown on the trial of
4626	4626	the offense that the defendant has been previously convicted two or
4627	4627	more times of an offense under this section; and
4628	4628	(3) a felony of the third degree if the actor is
4629	4629	civilly committed as a sexually violent predator under Chapter 841,
4630	4630	Health and Safety Code.
4631	4631	SECTION 17.002. Section 28.09(a)(3), Penal Code, is amended
4632	4632	to conform to Chapter 765 (H.B. 4504), Acts of the 88th Legislature,
4633	4633	Regular Session, 2023, to read as follows:
4634	4634	(3) "Drone" has the meaning assigned by Article
4635	4635	2B.0253 [2.33], Code of Criminal Procedure[, as added by Chapter
4636	4636	1011 (H.B. 1758), Acts of the 87th Legislature, Regular Session,
4637	4637	2021].
4638	4638	SECTION 17.003. Section 42.07(a), Penal Code, as amended by
4639	4639	Chapters 839 (H.B. 2715) and 1118 (H.B. 1427), Acts of the 88th
4640	4640	Legislature, Regular Session, 2023, is reenacted and amended to
4641	4641	read as follows:
4642	4642	(a) A person commits an offense if, with intent to harass,
4643	4643	annoy, alarm, abuse, torment, or embarrass another, the person:
4644	4644	(1) initiates communication and in the course of the
4645	4645	communication makes a comment, request, suggestion, or proposal
4646	4646	that is obscene;
4647	4647	(2) threatens, in a manner reasonably likely to alarm
4648	4648	the person receiving the threat, to inflict bodily injury on the
4649	4649	person or to commit a felony against the person, a member of the
4650	4650	person's family or household, or the person's property;
4651	4651	(3) conveys, in a manner reasonably likely to alarm
4652	4652	the person receiving the report, a false report, which is known by
4653	4653	the conveyor to be false, that another person has suffered death or
4654	4654	serious bodily injury;
4655	4655	(4) causes the telephone of another to ring repeatedly
4656	4656	or makes repeated telephone communications anonymously or in a
4657	4657	manner reasonably likely to harass, annoy, alarm, abuse, torment,
4658	4658	embarrass, or offend another;
4659	4659	(5) makes a telephone call and intentionally fails to
4660	4660	hang up or disengage the connection;
4661	4661	(6) knowingly permits a telephone under the person's
4662	4662	control to be used by another to commit an offense under this
4663	4663	section;
4664	4664	(7) sends repeated electronic communications in a
4665	4665	manner reasonably likely to harass, annoy, alarm, abuse, torment,
4666	4666	embarrass, or offend another;
4667	4667	(8) publishes on an Internet website, including a
4668	4668	social media platform, repeated electronic communications in a
4669	4669	manner reasonably likely to cause emotional distress, abuse, or
4670	4670	torment to another person, unless the communications are made in
4671	4671	connection with a matter of public concern; [or]
4672	4672	(9) tracks or monitors the personal property or motor
4673	4673	vehicle of another person, without the other person's effective
4674	4674	consent, including by:
4675	4675	(A) using a tracking application on the person's
4676	4676	personal electronic device or using a tracking device; or
4677	4677	(B) physically following the other person or
4678	4678	causing any person to physically follow the other person; or
4679	4679	(10) [(9)] makes obscene, intimidating, or
4680	4680	threatening telephone calls or other electronic communications
4681	4681	from a temporary or disposable telephone number provided by an
4682	4682	Internet application or other technological means.
4683	4683	SECTION 17.004. Section 46.15(a), Penal Code, as amended by
4684	4684	Chapters 501 (H.B. 2291), 765 (H.B. 4504), and 1077 (S.B. 599),
4685	4685	Acts of the 88th Legislature, Regular Session, 2023, is reenacted
4686	4686	and amended to read as follows:
4687	4687	(a) Sections 46.02 and 46.03 do not apply to:
4688	4688	(1) peace officers or special investigators under
4689	4689	Article 2A.002, Code of Criminal Procedure, and neither section
4690	4690	prohibits a peace officer or special investigator from carrying a
4691	4691	weapon in this state, including in an establishment in this state
4692	4692	serving the public, regardless of whether the peace officer or
4693	4693	special investigator is engaged in the actual discharge of the
4694	4694	officer's or investigator's duties while carrying the weapon;
4695	4695	(2) parole officers, and neither section prohibits an
4696	4696	officer from carrying a weapon in this state if the officer is:
4697	4697	(A) engaged in the actual discharge of the
4698	4698	officer's duties while carrying the weapon; and
4699	4699	(B) in compliance with policies and procedures
4700	4700	adopted by the Texas Department of Criminal Justice regarding the
4701	4701	possession of a weapon by an officer while on duty;
4702	4702	(3) community supervision and corrections department
4703	4703	officers appointed or employed under Section 76.004, Government
4704	4704	Code, and neither section prohibits an officer from carrying a
4705	4705	weapon in this state if the officer is:
4706	4706	(A) engaged in the actual discharge of the
4707	4707	officer's duties while carrying the weapon; and
4708	4708	(B) authorized to carry a weapon under Section
4709	4709	76.0051, Government Code;
4710	4710	(4) an active or retired judicial officer as defined
4711	4711	by Section 411.201, Government Code, who is licensed to carry a
4712	4712	handgun under Subchapter H, Chapter 411, Government Code;
4713	4713	(5) an honorably retired peace officer or other
4714	4714	qualified retired law enforcement officer, as defined by 18 U.S.C.
4715	4715	Section 926C, who holds a certificate of proficiency issued under
4716	4716	Section 1701.357, Occupations Code, and is carrying a photo
4717	4717	identification that is issued by a federal, state, or local law
4718	4718	enforcement agency, as applicable, and that verifies that the
4719	4719	officer is an honorably retired peace officer or other qualified
4720	4720	retired law enforcement officer;
4721	4721	(6) the attorney general or a United States attorney,
4722	4722	district attorney, criminal district attorney, county attorney, or
4723	4723	municipal attorney who is licensed to carry a handgun under
4724	4724	Subchapter H, Chapter 411, Government Code;
4725	4725	(7) an assistant United States attorney, assistant
4726	4726	attorney general, assistant district attorney, assistant criminal
4727	4727	district attorney, or assistant county attorney who is licensed to
4728	4728	carry a handgun under Subchapter H, Chapter 411, Government Code;
4729	4729	(8) a bailiff designated by an active judicial officer
4730	4730	as defined by Section 411.201, Government Code, who is:
4731	4731	(A) licensed to carry a handgun under Subchapter
4732	4732	H, Chapter 411, Government Code; and
4733	4733	(B) engaged in escorting the judicial officer;
4734	4734	(9) a juvenile probation officer who is authorized to
4735	4735	carry a firearm under Section 142.006, Human Resources Code;
4736	4736	(10) a person who is volunteer emergency services
4737	4737	personnel if the person is:
4738	4738	(A) carrying a handgun under the authority of
4739	4739	Subchapter H, Chapter 411, Government Code; and
4740	4740	(B) engaged in providing emergency services;
4741	4741	[or]
4742	4742	(11) a person who:
4743	4743	(A) retired after serving as a judge or justice
4744	4744	described by Section 411.201(a)(1), Government Code; and
4745	4745	(B) is licensed to carry a handgun under
4746	4746	Subchapter H, Chapter 411, Government Code; or
4747	4747	(12) [(11)] a district or county clerk who is carrying
4748	4748	a handgun the clerk is licensed to carry under Subchapter H, Chapter
4749	4749	411, Government Code.
4750	4750	ARTICLE 18. CHANGES RELATING TO SPECIAL DISTRICT LOCAL LAWS CODE
4751	4751	SECTION 18.001. Section 7939.051, Special District Local
4752	4752	Laws Code, is transferred to Subchapter B, Chapter 8002, Special
4753	4753	District Local Laws Code, and redesignated as Section 8002.057,
4754	4754	Special District Local Laws Code, to read as follows:
4755	4755	Sec. 8002.057 [7939.051]. EMINENT DOMAIN. (a) The
4756	4756	district may exercise the power of eminent domain as provided by
4757	4757	this section only if the district submits a letter to the
4758	4758	comptroller not later than December 31, 2015, in accordance with
4759	4759	the requirements of Section 2206.101(b), Government Code, other
4760	4760	than the requirement that the letter be submitted by the date
4761	4761	specified by that section.
4762	4762	(b) Notwithstanding the expiration of the district's
4763	4763	authority to exercise the power of eminent domain under Section
4764	4764	2206.101(c), Government Code, the district may exercise the power
4765	4765	of eminent domain as provided by law applicable to the district on
4766	4766	or after the 90th day after the date the district submits a letter
4767	4767	in accordance with Subsection (a).
4768	4768	SECTION 18.002. Section 8370.102, Special District Local
4769	4769	Laws Code, is transferred to Subchapter B, Chapter 8261, Special
4770	4770	District Local Laws Code, and redesignated as Section 8261.053,
4771	4771	Special District Local Laws Code, to read as follows:
4772	4772	Sec. 8261.053 [8370.102]. NO ALLOCATION AGREEMENT.
4773	4773	Section 54.016(f), Water Code, does not apply to the district.
4774	4774	SECTION 18.003. The following provisions of the Special
4775	4775	District Local Laws Code are repealed:
4776	4776	(1) the heading to Chapter 7939;
4777	4777	(2) Subchapter A, Chapter 7939;
4778	4778	(3) the heading to Subchapter B, Chapter 7939;
4779	4779	(4) the heading to Chapter 8370;
4780	4780	(5) Subchapter A, Chapter 8370;
4781	4781	(6) the heading to Subchapter B, Chapter 8370; and
4782	4782	(7) Section 8370.101.
4783	4783	ARTICLE 19. CHANGES RELATING TO TAX CODE
4784	4784	SECTION 19.001. Section 25.025(a), Tax Code, as amended by
4785	4785	Chapters 76 (S.B. 617), 152 (S.B. 870), 430 (H.B. 1911), 765 (H.B.
4786	4786	4504), and 937 (S.B. 1525), Acts of the 88th Legislature, Regular
4787	4787	Session, 2023, is reenacted and amended to read as follows:
4788	4788	(a) This section applies only to:
4789	4789	(1) a current or former peace officer as defined by
4790	4790	Article 2A.001, Code of Criminal Procedure, and the spouse or
4791	4791	surviving spouse of the peace officer;
4792	4792	(2) the adult child of a current peace officer as
4793	4793	defined by Article 2A.001, Code of Criminal Procedure;
4794	4794	(3) a current or honorably retired county jailer as
4795	4795	defined by Section 1701.001, Occupations Code;
4796	4796	(4) an employee of the Texas Department of Criminal
4797	4797	Justice;
4798	4798	(5) a commissioned security officer as defined by
4799	4799	Section 1702.002, Occupations Code;
4800	4800	(6) an individual who shows that the individual, the
4801	4801	individual's child, or another person in the individual's household
4802	4802	is a victim of family violence as defined by Section 71.004, Family
4803	4803	Code, by providing:
4804	4804	(A) a copy of a protective order issued under
4805	4805	Chapter 85, Family Code, or a magistrate's order for emergency
4806	4806	protection issued under Article 17.292, Code of Criminal Procedure;
4807	4807	or
4808	4808	(B) other independent documentary evidence
4809	4809	necessary to show that the individual, the individual's child, or
4810	4810	another person in the individual's household is a victim of family
4811	4811	violence;
4812	4812	(7) an individual who shows that the individual, the
4813	4813	individual's child, or another person in the individual's household
4814	4814	is a victim of sexual assault or abuse, stalking, or trafficking of
4815	4815	persons by providing:
4816	4816	(A) a copy of a protective order issued under
4817	4817	Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a
4818	4818	magistrate's order for emergency protection issued under Article
4819	4819	17.292, Code of Criminal Procedure; or
4820	4820	(B) other independent documentary evidence
4821	4821	necessary to show that the individual, the individual's child, or
4822	4822	another person in the individual's household is a victim of sexual
4823	4823	assault or abuse, stalking, or trafficking of persons;
4824	4824	(8) a participant in the address confidentiality
4825	4825	program administered by the attorney general under Subchapter B,
4826	4826	Chapter 58, Code of Criminal Procedure, who provides proof of
4827	4827	certification under Article 58.059, Code of Criminal Procedure;
4828	4828	(9) a federal judge, a federal bankruptcy judge, a
4829	4829	marshal of the United States Marshals Service, a state judge, or a
4830	4830	family member of a federal judge, a federal bankruptcy judge, a
4831	4831	marshal of the United States Marshals Service, or a state judge;
4832	4832	(10) a current or former district attorney, criminal
4833	4833	district attorney, or county or municipal attorney whose
4834	4834	jurisdiction includes any criminal law or child protective services
4835	4835	matters;
4836	4836	(11) a current or former employee of a district
4837	4837	attorney, criminal district attorney, or county or municipal
4838	4838	attorney whose jurisdiction includes any criminal law or child
4839	4839	protective services matters;
4840	4840	(12) an officer or employee of a community supervision
4841	4841	and corrections department established under Chapter 76,
4842	4842	Government Code, who performs a duty described by Section 76.004(b)
4843	4843	of that code;
4844	4844	(13) a criminal investigator of the United States as
4845	4845	described by Article 2A.002(a), Code of Criminal Procedure;
4846	4846	(14) a current or honorably retired police officer or
4847	4847	inspector of the United States Federal Protective Service;
4848	4848	(15) a current or former United States attorney,
4849	4849	assistant United States attorney, federal public defender, deputy
4850	4850	federal public defender, or assistant federal public defender and
4851	4851	the spouse and child of the attorney or public defender;
4852	4852	(16) a current or former employee of the office of the
4853	4853	attorney general who is or was assigned to a division of that office
4854	4854	the duties of which involve law enforcement or are performed under
4855	4855	Chapter 231, Family Code;
4856	4856	(17) a medical examiner or person who performs
4857	4857	forensic analysis or testing who is employed by this state or one or
4858	4858	more political subdivisions of this state;
4859	4859	(18) a current or former member of the United States
4860	4860	armed forces who has served in an area that the president of the
4861	4861	United States by executive order designates for purposes of 26
4862	4862	U.S.C. Section 112 as an area in which armed forces of the United
4863	4863	States are or have engaged in combat;
4864	4864	(19) a current or former employee of the Texas
4865	4865	Juvenile Justice Department or of the predecessors in function of
4866	4866	the department;
4867	4867	(20) a current or former juvenile probation or
4868	4868	supervision officer certified by the Texas Juvenile Justice
4869	4869	Department, or the predecessors in function of the department,
4870	4870	under Title 12, Human Resources Code;
4871	4871	(21) a current or former employee of a juvenile
4872	4872	justice program or facility, as those terms are defined by Section
4873	4873	261.405, Family Code;
4874	4874	(22) a current or former employee of the Texas Civil
4875	4875	Commitment Office or the predecessor in function of the office or a
4876	4876	division of the office;
4877	4877	(23) a current or former employee of a federal judge or
4878	4878	state judge;
4879	4879	(24) a current or former child protective services
4880	4880	caseworker, adult protective services caseworker, or investigator
4881	4881	for the Department of Family and Protective Services or a current or
4882	4882	former employee of a department contractor performing child
4883	4883	protective services caseworker, adult protective services
4884	4884	caseworker, or investigator functions for the contractor on behalf
4885	4885	of the department;
4886	4886	(25) an elected public officer;
4887	4887	(26) a firefighter or volunteer firefighter or
4888	4888	emergency medical services personnel as defined by Section 773.003,
4889	4889	Health and Safety Code;
4890	4890	(27) a customs and border protection officer or border
4891	4891	patrol agent of United States Customs and Border Protection or the
4892	4892	spouse, surviving spouse, or adult child of a customs and border
4893	4893	protection officer or border patrol agent;
4894	4894	(28) [(27) a current or former attorney for the
4895	4895	Department of Family and Protective Services
4896	4896	[(27)] a current or former employee or contract staff
4897	4897	member of a university health care provider at a corrections
4898	4898	facility operated by the Texas Department of Criminal Justice or
4899	4899	the Texas Juvenile Justice Department; and
4900	4900	(29) [(28)] a current or former attorney for the
4901	4901	Department of Family and Protective Services.
4902	4902	SECTION 19.002. (a) Section 151.359(k), Tax Code, is
4903	4903	amended to conform to the expiration of Subchapters B and C, Chapter
4904	4904	313, Tax Code, on December 31, 2022, to read as follows:
4905	4905	(k) A data center is not eligible to receive an exemption
4906	4906	under this section if the data center is subject to an agreement
4907	4907	limiting the appraised value of the data center's property under
4908	4908	former Subchapter B or C, Chapter 313.
4909	4909	(b) Section 151.3595(j), Tax Code, is amended to conform to
4910	4910	the expiration of Subchapters B and C, Chapter 313, Tax Code, on
4911	4911	December 31, 2022, to read as follows:
4912	4912	(j) A data center is not eligible to receive an exemption
4913	4913	under this section if the data center is subject to an agreement
4914	4914	limiting the appraised value of the data center's property under
4915	4915	former Subchapter B or C, Chapter 313.
4916	4916	(c) Section 312.403(a), Tax Code, is amended to conform to
4917	4917	the expiration of Section 313.024(e), Tax Code, on December 31,
4918	4918	2022, to read as follows:
4919	4919	(a) In this section, "nuclear electric power generation"
4920	4920	means activities described in category 221113 of the 2002 North
4921	4921	American Industry Classification System [has the meaning assigned
4922	4922	by Section 313.024(e)].
4923	4923	(d) Section 313.006(a), Tax Code, is amended to conform to
4924	4924	the expiration of Section 313.021, Tax Code, on December 31, 2022,
4925	4925	to read as follows:
4926	4926	(a) In this section, "impact fee" means a charge or
4927	4927	assessment imposed against a qualified property, as defined by
4928	4928	former Section 313.021, in order to generate revenue for funding or
4929	4929	recouping the costs of capital improvements or facility expansions
4930	4930	for water, wastewater, or storm water services or for roads
4931	4931	necessitated by or attributable to property that receives a
4932	4932	limitation on appraised value under this chapter.
4933	4933	(e) Section 313.007, Tax Code, is repealed as executed.
4934	4934	(f) The heading to Subchapter E, Chapter 313, Tax Code, is
4935	4935	amended to conform to the expiration of Subchapters B and C, Chapter
4936	4936	313, Tax Code, on December 31, 2022, to read as follows:
4937	4937	SUBCHAPTER E. AVAILABILITY OF LIMITATION ON APPRAISED VALUE OR TAX
4938	4938	CREDIT AFTER PROGRAM EXPIRES OR IS REPEALED
4939	4939	SECTION 19.003. Section 351.1015(b), Tax Code, as amended
4940	4940	by Chapters 644 (H.B. 4559), 779 (H.B. 5012), 927 (S.B. 2220), and
4941	4941	1110 (S.B. 1057), Acts of the 88th Legislature, Regular Session,
4942	4942	2023, is reenacted and amended to read as follows:
4943	4943	(b) This section applies only to a qualified project located
4944	4944	in:
4945	4945	(1) a municipality with a population of at least
4946	4946	700,000 but less than 950,000 according to the most recent federal
4947	4947	decennial census; [or]
4948	4948	(2) a municipality that contains more than 70 percent
4949	4949	of the population of a county with a population of 1.5 million or
4950	4950	more;
4951	4951	(3) [(2)] a municipality described by Section
4952	4952	351.001(7)(B);
4953	4953	(4) [or
4954	4954	[(3)] a municipality described by Section
4955	4955	351.152(61); or
4956	4956	(5) [(2)] a municipality with a population of at least
4957	4957	two million.
4958	4958	SECTION 19.004. (a) Subsection (j), Section 351.1015, Tax
4959	4959	Code, as added by Chapter 1110 (S.B. 1057), Acts of the 88th
4960	4960	Legislature, Regular Session, 2023, is redesignated as Subsection
4961	4961	(j-1), Section 351.1015, Tax Code.
4962	4962	(b) Subsection (j), Section 351.1015, Tax Code, as added by
4963	4963	Chapter 779 (H.B. 5012), Acts of the 88th Legislature, Regular
4964	4964	Session, 2023, is redesignated as Subsection (l), Section 351.1015,
4965	4965	Tax Code, and amended to read as follows:
4966	4966	(l) [(j)] For a municipality described by Subsection (b)(3)
4967	4967	or (4) [(b)(2) or (3)], the term "qualified project" also means a
4968	4968	venue described by Section 334.001(4)(A), Local Government Code,
4969	4969	and any related infrastructure.
4970	4970	ARTICLE 20. CHANGES RELATING TO TRANSPORTATION CODE
4971	4971	SECTION 20.001. Section 201.806(a), Transportation Code,
4972	4972	is amended to conform to Chapter 709 (H.B. 2190), Acts of the 88th
4973	4973	Legislature, Regular Session, 2023, to read as follows:
4974	4974	(a) The department shall:
4975	4975	(1) tabulate and analyze the vehicle collision reports
4976	4976	it receives; and
4977	4977	(2) annually or more frequently publish on the
4978	4978	department's Internet website statistical information derived from
4979	4979	the collision reports as to the number, cause, and location of
4980	4980	highway collisions, including information regarding the number of:
4981	4981	(A) collisions involving injury to, death of, or
4982	4982	property damage to a bicyclist or pedestrian;
4983	4983	(B) fatalities caused by a bridge collapse, as
4984	4984	defined by Section 550.081; and
4985	4985	(C) collisions [accidents] involving a trailer,
4986	4986	including the number of fatalities in those collisions [accidents].
4987	4987	SECTION 20.002. The heading to Subchapter Z, Chapter 257,
4988	4988	Transportation Code, is repealed to conform to the expiration of
4989	4989	Section 257.901, Transportation Code, on March 10, 2019.
4990	4990	SECTION 20.003. Section 550.064(b), Transportation Code,
4991	4991	is amended to conform to Chapter 709 (H.B. 2190), Acts of the 88th
4992	4992	Legislature, Regular Session, 2023, to read as follows:
4993	4993	(b) A collision report form prepared by the department must:
4994	4994	(1) require sufficiently detailed information to
4995	4995	disclose the cause and conditions of and the persons and vehicles
4996	4996	involved in a collision if the form is for the report to be made by a
4997	4997	person investigating the collision;
4998	4998	(2) include a way to designate and identify a peace
4999	4999	officer, firefighter, or emergency medical services employee who is
5000	5000	involved in a collision while driving a law enforcement vehicle,
5001	5001	fire department vehicle, or emergency medical services vehicle
5002	5002	while performing the person's duties;
5003	5003	(3) require a statement by a person described by
5004	5004	Subdivision (2) as to the nature of the collision;
5005	5005	(4) include a way to designate whether an individual
5006	5006	involved in a collision wants to be contacted by a person seeking to
5007	5007	obtain employment as a professional described by Section 38.01(12),
5008	5008	Penal Code; and
5009	5009	(5) include a way to indicate whether a trailer was
5010	5010	involved in the collision [accident] and, if so, whether the
5011	5011	collision [accident] resulted in any fatalities.
5012	5012	SECTION 20.004. Section 550.065(c), Transportation Code,
5013	5013	is amended to conform to Chapter 709 (H.B. 2190), Acts of the 88th
5014	5014	Legislature, Regular Session, 2023, to read as follows:
5015	5015	(c) On written request and payment of any required fee, the
5016	5016	department or the governmental entity shall release the information
5017	5017	to:
5018	5018	(1) an entity described by Subsection (b);
5019	5019	(2) the law enforcement agency that employs the peace
5020	5020	officer who investigated the collision and sent the information to
5021	5021	the department, including an agent of the law enforcement agency
5022	5022	authorized by contract to obtain the information;
5023	5023	(3) the court in which a case involving a person
5024	5024	involved in the collision is pending if the report is subpoenaed; or
5025	5025	(4) any person directly concerned in the collision or
5026	5026	having a proper interest therein, including:
5027	5027	(A) any person involved in the collision;
5028	5028	(B) the authorized representative of any person
5029	5029	involved in the collision;
5030	5030	(C) a driver involved in the collision;
5031	5031	(D) an employer, parent, or legal guardian of a
5032	5032	driver involved in the collision;
5033	5033	(E) the owner of a vehicle or property damaged in
5034	5034	the collision;
5035	5035	(F) a person who has established financial
5036	5036	responsibility for a vehicle involved in the collision in a manner
5037	5037	described by Section 601.051, including a policyholder of a motor
5038	5038	vehicle liability insurance policy covering the vehicle;
5039	5039	(G) an insurance company that issued an insurance
5040	5040	policy covering a vehicle involved in the collision;
5041	5041	(H) an insurance company that issued a policy
5042	5042	covering any person involved in the collision;
5043	5043	(I) a person under contract to provide claims or
5044	5044	underwriting information to a person described by Paragraph (F),
5045	5045	(G), or (H);
5046	5046	(J) a radio or television station that holds a
5047	5047	license issued by the Federal Communications Commission;
5048	5048	(K) a newspaper that is:
5049	5049	(i) a free newspaper of general circulation
5050	5050	or qualified under Section 2051.044, Government Code, to publish
5051	5051	legal notices;
5052	5052	(ii) published at least once a week; and
5053	5053	(iii) available and of interest to the
5054	5054	general public in connection with the dissemination of news;
5055	5055	(L) any person who may sue because of death
5056	5056	resulting from the collision; or
5057	5057	(M) an employee or authorized representative of a
5058	5058	vehicle storage facility, as defined by Section 2303.002,
5059	5059	Occupations Code, that stored a vehicle involved in the collision
5060	5060	[accident].
5061	5061	SECTION 20.005. Section 644.101(b), Transportation Code,
5062	5062	as amended by Chapters 584 (H.B. 2901), 644 (H.B. 4559), and 1072
5063	5063	(S.B. 540), Acts of the 88th Legislature, Regular Session, 2023, is
5064	5064	reenacted and amended to read as follows:
5065	5065	(b) A police officer of any of the following municipalities
5066	5066	is eligible to apply for certification under this section:
5067	5067	(1) a municipality with a population of 50,000 or
5068	5068	more;
5069	5069	(2) a municipality with a population of 25,000 or more
5070	5070	any part of which is located in a county with a population of
5071	5071	500,000 or more;
5072	5072	(3) a municipality with a population of less than
5073	5073	25,000:
5074	5074	(A) any part of which is located in a county with
5075	5075	a population of 3.3 million; and
5076	5076	(B) that contains or is adjacent to an
5077	5077	international port;
5078	5078	(4) a municipality with a population of at least
5079	5079	34,000 that is located in a county that borders two or more states;
5080	5080	(5) a municipality any part of which is located in a
5081	5081	county bordering the United Mexican States;
5082	5082	(6) a municipality with a population of less than
5083	5083	5,000 that is located:
5084	5084	(A) adjacent to a bay connected to the Gulf of
5085	5085	Mexico; and
5086	5086	(B) in a county adjacent to a county with a
5087	5087	population greater than 3.3 million;
5088	5088	(7) a municipality that is located:
5089	5089	(A) within 25 miles of an international port; and
5090	5090	(B) in a county that does not contain a highway
5091	5091	that is part of the national system of interstate and defense
5092	5092	highways and is adjacent to a county with a population greater than
5093	5093	3.3 million;
5094	5094	(8) a municipality with a population of less than
5095	5095	8,500 that:
5096	5096	(A) is the county seat; and
5097	5097	(B) contains a highway that is part of the
5098	5098	national system of interstate and defense highways;
5099	5099	(9) a municipality located in a county with a
5100	5100	population between 60,000 and 69,000 adjacent to a bay connected to
5101	5101	the Gulf of Mexico;
5102	5102	(10) a municipality with a population of more than
5103	5103	40,000 and less than 50,000 that is located in a county with a
5104	5104	population of more than 285,000 and less than 300,000 that borders
5105	5105	the Gulf of Mexico;
5106	5106	(11) a municipality with a population between 32,000
5107	5107	and 50,000 that is located entirely in a county that:
5108	5108	(A) has a population of less than 250,000;
5109	5109	(B) is adjacent to two counties that each have a
5110	5110	population of more than 1.2 million; and
5111	5111	(C) contains two highways that are part of the
5112	5112	national system of interstate and defense highways;
5113	5113	(12) a municipality with a population of more than
5114	5114	4,500 and less than 10,000 that:
5115	5115	(A) contains a highway that is part of the
5116	5116	national system of interstate and defense highways; and
5117	5117	(B) is located in a county with a population
5118	5118	between 175,000 and 190,000;
5119	5119	(13) a municipality with a population of less than
5120	5120	75,000 that is located in three counties, at least one of which has
5121	5121	a population greater than 3.3 million;
5122	5122	(14) a municipality with a population between 13,900
5123	5123	and 17,000 that:
5124	5124	(A) contains three or more numbered United States
5125	5125	highways; and
5126	5126	(B) is located in a county that is adjacent to a
5127	5127	county with a population of more than 200,000;
5128	5128	(15) a municipality with a population of less than
5129	5129	50,000 that is located in:
5130	5130	(A) a county that generated $20 million or more
5131	5131	in tax revenue collected under Chapters 201 and 202, Tax Code, from
5132	5132	oil and gas production during the preceding state fiscal year; or
5133	5133	(B) a county that is adjacent to two or more
5134	5134	counties described by Paragraph (A); [or]
5135	5135	(16) a municipality with a population of more than
5136	5136	2,000 that is located in a county:
5137	5137	(A) with a population of less than 200,000; and
5138	5138	(B) that borders:
5139	5139	(i) another state; and
5140	5140	(ii) the Gulf Intracoastal Waterway; or
5141	5141	(17) [(16)] a municipality that is located:
5142	5142	(A) within 20 miles of an international airport;
5143	5143	and
5144	5144	(B) in a county that:
5145	5145	(i) contains an active quarry;
5146	5146	(ii) has a population of more than 150,000
5147	5147	but less than 170,000; and
5148	5148	(iii) is adjacent to a county with a
5149	5149	population of more than two million.
5150	5150	SECTION 20.006. Section 662.0062(a-1), Transportation
5151	5151	Code, is amended to conform to Chapter 709 (H.B. 2190), Acts of the
5152	5152	88th Legislature, Regular Session, 2023, to read as follows:
5153	5153	(a-1) The department may not issue an instructor license or
5154	5154	instructor training provider license to an individual who has been
5155	5155	convicted of:
5156	5156	(1) during the preceding three years:
5157	5157	(A) three or more moving violations described by
5158	5158	Section 542.304 or a comparable offense committed in another state,
5159	5159	including violations that resulted in a collision [an accident]; or
5160	5160	(B) two or more moving violations described by
5161	5161	Section 542.304 or a comparable offense committed in another state
5162	5162	that resulted in a collision [an accident]; or
5163	5163	(2) during the preceding seven years, an offense under
5164	5164	Chapter 49, Penal Code, other than an offense under Section 49.02,
5165	5165	Penal Code, or Section 49.031, Penal Code, or a comparable offense
5166	5166	committed in another state.
5167	5167	ARTICLE 21. CHANGES RELATING TO UTILITIES CODE
5168	5168	SECTION 21.001. Sections 39.360(a), (b), (c), (d), and (e),
5169	5169	Utilities Code, as added by Chapter 464 (S.B. 2013), Acts of the
5170	5170	88th Legislature, Regular Session, 2023, are amended to correct
5171	5171	references to read as follows:
5172	5172	(a) In this section, "company" and "critical
5173	5173	infrastructure" have the meanings assigned by Section 117.001
5174	5174	[113.001], Business & Commerce Code[, as added by Chapter 975
5175	5175	(S.B. 2116), Acts of the 87th Legislature, Regular Session, 2021].
5176	5176	(b) An independent organization certified under Section
5177	5177	39.151 may not register a business entity or maintain the
5178	5178	registration of a business entity to operate in the power region for
5179	5179	which the independent organization is certified unless the business
5180	5180	entity attests that the entity complies with Chapter 117 [113],
5181	5181	Business & Commerce Code[, as added by Chapter 975 (S.B. 2116),
5182	5182	Acts of the 87th Legislature, Regular Session, 2021].
5183	5183	(c) An independent organization certified under Section
5184	5184	39.151 shall require as a condition of operating in the power region
5185	5185	for which the independent organization is certified that a business
5186	5186	entity report to the independent organization the purchase of any
5187	5187	critical electric grid equipment or service from a company
5188	5188	described by Section 117.002(a)(2) [113.002(a)(2)], Business &
5189	5189	Commerce Code[, as added by Chapter 975 (S.B. 2116), Acts of the
5190	5190	87th Legislature, Regular Session, 2021].
5191	5191	(d) For each purchase reported by a business entity under
5192	5192	Subsection (c), the business entity shall submit an attestation to
5193	5193	the independent organization that the purchase will not result in
5194	5194	access to or control of its critical electric grid equipment by a
5195	5195	company described by Section 117.002(a)(2) [113.002(a)(2)],
5196	5196	Business & Commerce Code[, as added by Chapter 975 (S.B. 2116),
5197	5197	Acts of the 87th Legislature, Regular Session, 2021], excluding
5198	5198	access specifically allowed by the business entity for product
5199	5199	warranty and support purposes.
5200	5200	(e) Notwithstanding any other law, an independent
5201	5201	organization certified under Section 39.151 may immediately
5202	5202	suspend or terminate a company's registration or access to any of
5203	5203	the independent organization's systems if the independent
5204	5204	organization has a reasonable suspicion that the company meets any
5205	5205	of the criteria described by Section 2275.0102(a)(2)
5206	5206	[2274.0102(a)(2)], Government Code[, as added by Chapter 975
5207	5207	(S.B. 2116), Acts of the 87th Legislature, Regular Session, 2021].
5208	5208	ARTICLE 22. REDESIGNATIONS
5209	5209	SECTION 22.001. The following provisions of enacted codes
5210	5210	are redesignated to eliminate duplicate citations:
5211	5211	(1) Section 28.20, Alcoholic Beverage Code, as added
5212	5212	by Chapter 1087 (S.B. 998), Acts of the 88th Legislature, Regular
5213	5213	Session, 2023, is redesignated as Section 28.21, Alcoholic Beverage
5214	5214	Code.
5215	5215	(2) Chapter 328, Business & Commerce Code, as added by
5216	5216	Chapter 169 (S.B. 58), Acts of the 88th Legislature, Regular
5217	5217	Session, 2023, is redesignated as Chapter 329, Business & Commerce
5218	5218	Code, and Sections 328.001, 328.002, and 328.003, Business &
5219	5219	Commerce Code, as added by that Act, are redesignated as Sections
5220	5220	329.001, 329.002, and 329.003, Business & Commerce Code,
5221	5221	respectively.
5222	5222	(3) Chapter 509, Business & Commerce Code, as added by
5223	5223	Chapter 963 (S.B. 2105), Acts of the 88th Legislature, Regular
5224	5224	Session, 2023, is redesignated as Chapter 510, Business & Commerce
5225	5225	Code, and Sections 509.001, 509.002, 509.003, 509.004, 509.005,
5226	5226	509.006, 509.007, 509.008, 509.009, and 509.010, Business &
5227	5227	Commerce Code, as added by that Act, are redesignated as Sections
5228	5228	510.001, 510.002, 510.003, 510.004, 510.005, 510.006, 510.007,
5229	5229	510.008, 510.009, and 510.010, Business & Commerce Code,
5230	5230	respectively.
5231	5231	(4) Section 25.0344, Education Code, as added by
5232	5232	Chapter 583 (H.B. 2892), Acts of the 88th Legislature, Regular
5233	5233	Session, 2023, is redesignated as Section 25.0345, Education Code.
5234	5234	(5) Section 37.117, Education Code, as added by
5235	5235	Chapter 1 (S.B. 838), Acts of the 88th Legislature, Regular
5236	5236	Session, 2023, is redesignated as Section 37.118, Education Code.
5237	5237	(6) Section 48.308, Education Code, as added by
5238	5238	Chapter 378 (H.B. 8), Acts of the 88th Legislature, Regular
5239	5239	Session, 2023, is redesignated as Section 48.309, Education Code.
5240	5240	(7) Section 61.059(s), Education Code, as added by
5241	5241	Chapter 754 (H.B. 4005), Acts of the 88th Legislature, Regular
5242	5242	Session, 2023, is redesignated as Section 61.059(t), Education
5243	5243	Code.
5244	5244	(8) Section 41.0052(a-1), Election Code, as added by
5245	5245	Chapter 1160 (S.B. 1131), Acts of the 88th Legislature, Regular
5246	5246	Session, 2023, is redesignated as Section 41.0052(a-2), Election
5247	5247	Code.
5248	5248	(9) Section 261.307(c), Family Code, as added by
5249	5249	Chapter 381 (H.B. 63), Acts of the 88th Legislature, Regular
5250	5250	Session, 2023, is redesignated as Section 261.307(b-1), Family
5251	5251	Code.
5252	5252	(10) Section 72.039, Government Code, as added by
5253	5253	Chapter 861 (H.B. 3474), Acts of the 88th Legislature, Regular
5254	5254	Session, 2023, is redesignated as Section 72.0395, Government Code.
5255	5255	(11) Subchapter T, Chapter 403, Government Code, as
5256	5256	added by Chapter 379 (H.B. 9), Acts of the 88th Legislature, Regular
5257	5257	Session, 2023, is redesignated as Subchapter U, Chapter 403,
5258	5258	Government Code, and Sections 403.601, 403.602, 403.603, 403.604,
5259	5259	and 403.605, Government Code, as added by that Act, are
5260	5260	redesignated as Sections 403.651, 403.652, 403.653, 403.654, and
5261	5261	403.655, Government Code, respectively.
5262	5262	(12) Section 411.02093, Government Code, as added by
5263	5263	Chapter 208 (S.B. 1484), Acts of the 88th Legislature, Regular
5264	5264	Session, 2023, is redesignated as Section 411.02094, Government
5265	5265	Code.
5266	5266	(13) Section 434.029, Government Code, as added by
5267	5267	Chapter 1067 (S.B. 493), Acts of the 88th Legislature, Regular
5268	5268	Session, 2023, is redesignated as Section 434.0295, Government
5269	5269	Code.
5270	5270	(14) Section 552.108(d), Government Code, as added by
5271	5271	Chapter 986 (H.B. 30), Acts of the 88th Legislature, Regular
5272	5272	Session, 2023, is redesignated as Section 552.108(c-1), Government
5273	5273	Code.
5274	5274	(15) Section 662.081, Government Code, as added by
5275	5275	Chapter 12 (S.B. 464), Acts of the 88th Legislature, Regular
5276	5276	Session, 2023, is redesignated as Section 662.086, Government Code.
5277	5277	(16) Section 662.085, Government Code, as added by
5278	5278	Chapter 505 (H.B. 2499), Acts of the 88th Legislature, Regular
5279	5279	Session, 2023, is redesignated as Section 662.087, Government Code.
5280	5280	(17) Section 2252.909, Government Code, as added by
5281	5281	Chapter 389 (H.B. 679), Acts of the 88th Legislature, Regular
5282	5282	Session, 2023, is redesignated as Section 2252.910, Government
5283	5283	Code.
5284	5284	(18) Chapter 54, Health and Safety Code, as added by
5285	5285	Chapter 88 (S.B. 1249), Acts of the 88th Legislature, Regular
5286	5286	Session, 2023, is redesignated as Chapter 55, Health and Safety
5287	5287	Code, and Sections 54.001 and 54.002, Health and Safety Code, as
5288	5288	added by that Act, are redesignated as Sections 55.001 and 55.002,
5289	5289	Health and Safety Code, respectively.
5290	5290	(19) Chapter 81B, Health and Safety Code, as added by
5291	5291	Chapter 336 (S.B. 29), Acts of the 88th Legislature, Regular
5292	5292	Session, 2023, is redesignated as Chapter 81C, Health and Safety
5293	5293	Code, and Sections 81B.001, 81B.002, 81B.003, and 81B.004, Health
5294	5294	and Safety Code, as added by that Act, are redesignated as Sections
5295	5295	81C.001, 81C.002, 81C.003, and 81C.004, Health and Safety Code,
5296	5296	respectively.
5297	5297	(20) Subchapter X, Chapter 161, Health and Safety
5298	5298	Code, as added by Chapter 335 (S.B. 14), Acts of the 88th
5299	5299	Legislature, Regular Session, 2023, is redesignated as Subchapter
5300	5300	Y, Chapter 161, Health and Safety Code.
5301	5301	(21) Section 437.027, Health and Safety Code, as added
5302	5302	by Chapter 245 (S.B. 577), Acts of the 88th Legislature, Regular
5303	5303	Session, 2023, is redesignated as Section 437.028, Health and
5304	5304	Safety Code.
5305	5305	(22) Chapter 444, Health and Safety Code, as added by
5306	5306	Chapter 2 (S.B. 497), Acts of the 88th Legislature, Regular
5307	5307	Session, 2023, is redesignated as Chapter 445, Health and Safety
5308	5308	Code, and Sections 444.001, 444.002, 444.003, 444.004, 444.005,
5309	5309	444.006, and 444.007, Health and Safety Code, as added by that Act,
5310	5310	are redesignated as Sections 445.001, 445.002, 445.003, 445.004,
5311	5311	445.005, 445.006, and 445.007, Health and Safety Code,
5312	5312	respectively.
5313	5313	(23) Chapter 769, Health and Safety Code, as added by
5314	5314	Chapter 141 (S.B. 188), Acts of the 88th Legislature, Regular
5315	5315	Session, 2023, is redesignated as Chapter 767, Health and Safety
5316	5316	Code, and Sections 769.001, 769.002, and 769.003, Health and Safety
5317	5317	Code, as added by that Act, are redesignated as Sections 767.001,
5318	5318	767.002, and 767.003, Health and Safety Code, respectively.
5319	5319	(24) Section 1001.084, Health and Safety Code, as
5320	5320	redesignated by Chapter 1236 (S.B. 1296), Acts of the 84th
5321	5321	Legislature, Regular Session, 2015, is redesignated as Section
5322	5322	1001.0845, Health and Safety Code.
5323	5323	(25) Section 32.024(pp), Human Resources Code, as
5324	5324	added by Chapter 335 (S.B. 14), Acts of the 88th Legislature,
5325	5325	Regular Session, 2023, is redesignated as Section 32.024(rr), Human
5326	5326	Resources Code.
5327	5327	(26) Chapter 247, Local Government Code, as added by
5328	5328	Chapter 19 (S.B. 1017), Acts of the 88th Legislature, Regular
5329	5329	Session, 2023, is redesignated as Chapter 248, Local Government
5330	5330	Code, and Sections 247.001, 247.002, and 247.003, Local Government
5331	5331	Code, as added by that Act, are redesignated as Sections 248.001,
5332	5332	248.002, and 248.003, Local Government Code, respectively.
5333	5333	(27) Section 370.007, Local Government Code, as added
5334	5334	by Chapter 425 (H.B. 1819), Acts of the 88th Legislature, Regular
5335	5335	Session, 2023, is redesignated as Section 370.008, Local Government
5336	5336	Code.
5337	5337	(28) Section 370.007, Local Government Code, as added
5338	5338	by Chapter 1049 (S.B. 252), Acts of the 88th Legislature, Regular
5339	5339	Session, 2023, is redesignated as Section 370.009, Local Government
5340	5340	Code.
5341	5341	(29) Section 61.066(e), Natural Resources Code, as
5342	5342	added by Chapter 466 (H.B. 630), Acts of the 88th Legislature,
5343	5343	Regular Session, 2023, is redesignated as Section 61.066(d),
5344	5344	Natural Resources Code.
5345	5345	(30) Section 1701.253(q), Occupations Code, as added
5346	5346	by Chapter 102 (S.B. 1852), Acts of the 88th Legislature, Regular
5347	5347	Session, 2023, is redesignated as Section 1701.253(r), Occupations
5348	5348	Code.
5349	5349	(31) Section 1701.253(q), Occupations Code, as added
5350	5350	by Chapters 729 (H.B. 2660) and 979 (S.B. 2429), Acts of the 88th
5351	5351	Legislature, Regular Session, 2023, is redesignated as Section
5352	5352	1701.253(s), Occupations Code.
5353	5353	(32) Section 1701.253(q), Occupations Code, as added
5354	5354	by Chapter 1070 (S.B. 533), Acts of the 88th Legislature, Regular
5355	5355	Session, 2023, is redesignated as Section 1701.253(t), Occupations
5356	5356	Code.
5357	5357	(33) Section 1958.001(1-a), Occupations Code, as
5358	5358	added by Chapter 838 (S.B. 202), Acts of the 84th Legislature,
5359	5359	Regular Session, 2015, is redesignated as Section 1958.001(1-b),
5360	5360	Occupations Code.
5361	5361	(34) Chapter 2311, Occupations Code, as added by
5362	5362	Chapter 211 (S.B. 1732), Acts of the 88th Legislature, Regular
5363	5363	Session, 2023, is redesignated as Chapter 2311A, Occupations Code,
5364	5364	and Section 2311.001, Occupations Code, as added by that Act, is
5365	5365	redesignated as Section 2311A.001, Occupations Code.
5366	5366	(35) Chapter 8153, Special District Local Laws Code,
5367	5367	as added by Chapter 113 (S.B. 2147), Acts of the 87th Legislature,
5368	5368	Regular Session, 2021, is redesignated as Chapter 8153A, Special
5369	5369	District Local Laws Code, and Sections 8153.0101, 8153.0102,
5370	5370	8153.0103, 8153.0104, 8153.0105, 8153.0106, 8153.0201, 8153.0202,
5371	5371	8153.0301, 8153.0302, 8153.0303, 8153.0304, 8153.0305, 8153.0306,
5372	5372	8153.0401, 8153.0402, 8153.0403, 8153.0501, 8153.0502, and
5373	5373	8153.0503, Special District Local Laws Code, as added by that Act,
5374	5374	are redesignated as Sections 8153A.0101, 8153A.0102, 8153A.0103,
5375	5375	8153A.0104, 8153A.0105, 8153A.0106, 8153A.0201, 8153A.0202,
5376	5376	8153A.0301, 8153A.0302, 8153A.0303, 8153A.0304, 8153A.0305,
5377	5377	8153A.0306, 8153A.0401, 8153A.0402, 8153A.0403, 8153A.0501,
5378	5378	8153A.0502, and 8153A.0503, Special District Local Laws Code,
5379	5379	respectively.
5380	5380	(36) Section 11.36, Tax Code, as added by Chapter 281
5381	5381	(S.B. 1145), Acts of the 88th Legislature, Regular Session, 2023,
5382	5382	is redesignated as Section 11.37, Tax Code.
5383	5383	(37) Section 351.161, Tax Code, as added by Chapter
5384	5384	1030 (S.B. 627), Acts of the 88th Legislature, Regular Session,
5385	5385	2023, is redesignated as Section 351.1621, Tax Code.
5386	5386	(38) Section 352.002(v), Tax Code, as added by Chapter
5387	5387	780 (H.B. 5105), Acts of the 88th Legislature, Regular Session,
5388	5388	2023, is redesignated as Section 352.002(aa), Tax Code.
5389	5389	(39) Section 352.002(ee), Tax Code, as added by
5390	5390	Chapter 993 (H.B. 5178), Acts of the 88th Legislature, Regular
5391	5391	Session, 2023, is redesignated as Section 352.002(ff), Tax Code.
5392	5392	(40) Section 352.003(bb), Tax Code, as added by
5393	5393	Chapter 641 (H.B. 1034), Acts of the 88th Legislature, Regular
5394	5394	Session, 2023, is redesignated as Section 352.003(cc), Tax Code.
5395	5395	(41) Section 352.003(bb), Tax Code, as added by
5396	5396	Chapter 775 (H.B. 3453), Acts of the 88th Legislature, Regular
5397	5397	Session, 2023, is redesignated as Section 352.003(dd), Tax Code.
5398	5398	(42) Section 352.003(bb), Tax Code, as added by
5399	5399	Chapter 780 (H.B. 5105), Acts of the 88th Legislature, Regular
5400	5400	Session, 2023, is redesignated as Section 352.003(ee), Tax Code.
5401	5401	(43) Section 352.115, Tax Code, as added by Chapter
5402	5402	780 (H.B. 5105), Acts of the 88th Legislature, Regular Session,
5403	5403	2023, is redesignated as Section 352.116, Tax Code.
5404	5404	(44) Section 225.216, Transportation Code, as added by
5405	5405	Chapter 507 (H.B. 2590), Acts of the 88th Legislature, Regular
5406	5406	Session, 2023, is redesignated as Section 225.226, Transportation
5407	5407	Code.
5408	5408	(45) Section 225.216, Transportation Code, as added by
5409	5409	Chapter 687 (H.B. 1368), Acts of the 88th Legislature, Regular
5410	5410	Session, 2023, is redesignated as Section 225.227, Transportation
5411	5411	Code.
5412	5412	(46) Section 225.216, Transportation Code, as added by
5413	5413	Chapter 72 (S.B. 508), Acts of the 88th Legislature, Regular
5414	5414	Session, 2023, is redesignated as Section 225.228, Transportation
5415	5415	Code.
5416	5416	(47) Section 225.216, Transportation Code, as added by
5417	5417	Chapter 809 (H.B. 923), Acts of the 88th Legislature, Regular
5418	5418	Session, 2023, is redesignated as Section 225.229, Transportation
5419	5419	Code.
5420	5420	(48) Section 225.216, Transportation Code, as added by
5421	5421	Chapters 1060 (S.B. 414) and 1116 (H.B. 1305), Acts of the 88th
5422	5422	Legislature, Regular Session, 2023, is redesignated as Section
5423	5423	225.230, Transportation Code.
5424	5424	(49) Section 225.217, Transportation Code, as added by
5425	5425	Chapter 71 (S.B. 507), Acts of the 88th Legislature, Regular
5426	5426	Session, 2023, is redesignated as Section 225.231, Transportation
5427	5427	Code.
5428	5428	(50) Section 225.217, Transportation Code, as added by
5429	5429	Chapter 431 (H.B. 1913), Acts of the 88th Legislature, Regular
5430	5430	Session, 2023, is redesignated as Section 225.232, Transportation
5431	5431	Code.
5432	5432	(51) Section 225.217, Transportation Code, as added by
5433	5433	Chapter 444 (H.B. 2083), Acts of the 88th Legislature, Regular
5434	5434	Session, 2023, is redesignated as Section 225.233, Transportation
5435	5435	Code.
5436	5436	(52) Section 225.217, Transportation Code, as added by
5437	5437	Chapter 487 (H.B. 975), Acts of the 88th Legislature, Regular
5438	5438	Session, 2023, is redesignated as Section 225.234, Transportation
5439	5439	Code.
5440	5440	(53) Section 225.217, Transportation Code, as added by
5441	5441	Chapter 513 (H.B. 2835), Acts of the 88th Legislature, Regular
5442	5442	Session, 2023, is redesignated as Section 225.235, Transportation
5443	5443	Code.
5444	5444	(54) Section 225.217, Transportation Code, as added by
5445	5445	Chapter 523 (H.B. 3099), Acts of the 88th Legislature, Regular
5446	5446	Session, 2023, is redesignated as Section 225.236, Transportation
5447	5447	Code.
5448	5448	(55) Section 225.217, Transportation Code, as added by
5449	5449	Chapter 590 (H.B. 3045), Acts of the 88th Legislature, Regular
5450	5450	Session, 2023, is redesignated as Section 225.237, Transportation
5451	5451	Code.
5452	5452	(56) Section 225.217, Transportation Code, as added by
5453	5453	Chapter 702 (H.B. 1968), Acts of the 88th Legislature, Regular
5454	5454	Session, 2023, is redesignated as Section 225.238, Transportation
5455	5455	Code.
5456	5456	(57) Section 225.217, Transportation Code, as added by
5457	5457	Chapter 48 (H.B. 3108), Acts of the 88th Legislature, Regular
5458	5458	Session, 2023, is redesignated as Section 225.239, Transportation
5459	5459	Code.
5460	5460	(58) Section 225.217, Transportation Code, as added by
5461	5461	Chapter 968 (S.B. 2150), Acts of the 88th Legislature, Regular
5462	5462	Session, 2023, is redesignated as Section 225.240, Transportation
5463	5463	Code.
5464	5464	(59) Section 225.218, Transportation Code, as added by
5465	5465	Chapter 82 (S.B. 957), Acts of the 88th Legislature, Regular
5466	5466	Session, 2023, is redesignated as Section 225.241, Transportation
5467	5467	Code.
5468	5468	(60) Section 504.331, Transportation Code, as added by
5469	5469	Chapter 1050 (S.B. 280), Acts of the 88th Legislature, Regular
5470	5470	Session, 2023, is redesignated as Section 504.336, Transportation
5471	5471	Code.
5472	5472	(61) Section 504.331, Transportation Code, as added by
5473	5473	Chapter 506 (H.B. 2503), Acts of the 88th Legislature, Regular
5474	5474	Session, 2023, is redesignated as Section 504.337, Transportation
5475	5475	Code.
5476	5476	(62) Section 504.332, Transportation Code, as added by
5477	5477	Chapter 506 (H.B. 2503), Acts of the 88th Legislature, Regular
5478	5478	Session, 2023, is redesignated as Section 504.338, Transportation
5479	5479	Code.
5480	5480	(63) Section 504.517, Transportation Code, as added by
5481	5481	Chapter 516 (H.B. 2876), Acts of the 88th Legislature, Regular
5482	5482	Session, 2023, is redesignated as Section 504.519, Transportation
5483	5483	Code.
5484	5484	(64) Section 504.679, Transportation Code, as added by
5485	5485	Chapter 714 (H.B. 2323), Acts of the 88th Legislature, Regular
5486	5486	Session, 2023, is redesignated as Section 504.681, Transportation
5487	5487	Code.
5488	5488	(65) Section 504.680, Transportation Code, as added by
5489	5489	Chapter 478 (H.B. 628), Acts of the 88th Legislature, Regular
5490	5490	Session, 2023, is redesignated as Section 504.682, Transportation
5491	5491	Code.
5492	5492	(66) Section 521.1251, Transportation Code, as added
5493	5493	by Chapter 524 (H.B. 3132), Acts of the 88th Legislature, Regular
5494	5494	Session, 2023, is redesignated as Section 521.1252, Transportation
5495	5495	Code.
5496	5496	(67) Section 38.078, Utilities Code, as added by
5497	5497	Chapter 836 (H.B. 2555), Acts of the 88th Legislature, Regular
5498	5498	Session, 2023, is redesignated as Section 38.079, Utilities Code.
5499	5499	(68) Section 39.151(g-7), Utilities Code, as added by
5500	5500	Chapter 464 (S.B. 2013), Acts of the 88th Legislature, Regular
5501	5501	Session, 2023, is redesignated as Section 39.151(g-8), Utilities
5502	5502	Code.
5503	5503	(69) Section 39.166, Utilities Code, as added by
5504	5504	Chapter 410 (H.B. 1500), Acts of the 88th Legislature, Regular
5505	5505	Session, 2023, is redesignated as Section 39.1675, Utilities Code.
5506	5506	(70) Section 39.167, Utilities Code, as added by
5507	5507	Chapter 410 (H.B. 1500), Acts of the 88th Legislature, Regular
5508	5508	Session, 2023, is redesignated as Section 39.1678, Utilities Code.
5509	5509	(71) Section 39.360, Utilities Code, as added by
5510	5510	Chapter 463 (S.B. 1929), Acts of the 88th Legislature, Regular
5511	5511	Session, 2023, is redesignated as Section 39.361, Utilities Code.
5512	5512	(72) Section 13.152, Water Code, as added by Chapter
5513	5513	163 (S.B. 1778), Acts of the 88th Legislature, Regular Session,
5514	5514	2023, is redesignated as Section 13.153, Water Code.
5515	5515	(73) Section 16.026, Water Code, as added by Chapter
5516	5516	187 (H.B. 2759), Acts of the 88th Legislature, Regular Session,
5517	5517	2023, is redesignated as Section 16.028, Water Code.
5518	5518	SECTION 22.002. The following changes are made to conform
5519	5519	the provisions amended to the redesignating changes made by
5520	5520	Section 22.001 of this Act and to correct cross-references:
5521	5521	(1) Sections 510.006(a) and (b), Business & Commerce
5522	5522	Code, as redesignated from Sections 509.006(a) and (b), Business &
5523	5523	Commerce Code, by Section 22.001 of this Act, are amended to read as
5524	5524	follows:
5525	5525	(a) The secretary of state shall establish and maintain, on
5526	5526	its Internet website, a searchable, central registry of data
5527	5527	brokers registered under Section 510.005 [509.005].
5528	5528	(b) The registry must include:
5529	5529	(1) a search feature that allows a person searching
5530	5530	the registry to identify a specific data broker; and
5531	5531	(2) for each data broker, the information filed under
5532	5532	Section 510.005(b) [509.005(b)].
5533	5533	(2) Sections 510.008(a) and (b), Business & Commerce
5534	5534	Code, as redesignated from Sections 509.008(a) and (b), Business &
5535	5535	Commerce Code, by Section 22.001 of this Act, are amended to read as
5536	5536	follows:
5537	5537	(a) A data broker that violates Section 510.004 [509.004] or
5538	5538	510.005 [509.005] is liable to this state for a civil penalty as
5539	5539	prescribed by this section.
5540	5540	(b) A civil penalty imposed against a data broker under this
5541	5541	section:
5542	5542	(1) subject to Subdivision (2), may not be in an amount
5543	5543	less than the total of:
5544	5544	(A) $100 for each day the entity is in violation
5545	5545	of Section 510.004 [509.004] or 510.005 [509.005]; and
5546	5546	(B) the amount of unpaid registration fees for
5547	5547	each year the entity failed to register in violation of Section
5548	5548	510.005 [509.005]; and
5549	5549	(2) may not exceed $10,000 assessed against the same
5550	5550	data broker in a 12-month period.
5551	5551	(3) Section 510.009, Business & Commerce Code, as
5552	5552	redesignated from Section 509.009, Business & Commerce Code, by
5553	5553	Section 22.001 of this Act, is amended to read as follows:
5554	5554	Sec. 510.009 [509.009]. DECEPTIVE TRADE PRACTICE. A
5555	5555	violation of Section 510.007 [509.007] by a data broker constitutes
5556	5556	a deceptive trade practice in addition to the practices described
5557	5557	by Subchapter E, Chapter 17, and is actionable under that
5558	5558	subchapter.
5559	5559	(4) Section 28.0095(h), Education Code, is amended to
5560	5560	read as follows:
5561	5561	(h) The coordinating board shall distribute money
5562	5562	transferred to the coordinating board under Section 48.309 [48.308]
5563	5563	to the participating institutions of higher education in proportion
5564	5564	to the number of dual credit courses in which eligible students are
5565	5565	enrolled at the institution.
5566	5566	(5) Section 445.005(c), Health and Safety Code, as
5567	5567	redesignated from Section 444.005(c), Health and Safety Code, by
5568	5568	Section 22.001 of this Act, is amended to read as follows:
5569	5569	(c) A kratom retailer is not liable for a civil penalty
5570	5570	under this section for a violation of Section 445.002 [444.002] or
5571	5571	445.003 [444.003] if the kratom retailer proves by a preponderance
5572	5572	of the evidence that the violation was unintentional and due to the
5573	5573	kratom retailer's good faith reliance on the representation of
5574	5574	another kratom processor.
5575	5575	(6) Section 1701.359, Occupations Code, is amended to
5576	5576	read as follows:
5577	5577	Sec. 1701.359. BORDER OPERATIONS TRAINING PROGRAM. The
5578	5578	commission may:
5579	5579	(1) recognize, or with the consent of the Department
5580	5580	of Public Safety administer or assist in administering, the border
5581	5581	operations training program established under Section 411.02094
5582	5582	[411.02093], Government Code, as a continuing education program for
5583	5583	officers; and
5584	5584	(2) credit an officer who successfully completes the
5585	5585	program described by Subdivision (1) with the appropriate number of
5586	5586	continuing education hours.
5587	5587	(7) Section 8153A.0104, Special District Local Laws
5588	5588	Code, as redesignated from Section 8153.0104, Special District
5589	5589	Local Laws Code, by Section 22.001 of this Act, is amended to read
5590	5590	as follows:
5591	5591	Sec. 8153A.0104 [8153.0104]. CONSENT OF MUNICIPALITY
5592	5592	REQUIRED. The temporary directors may not hold an election under
5593	5593	Section 8153A.0103 [8153.0103] until each municipality in whose
5594	5594	corporate limits or extraterritorial jurisdiction the district is
5595	5595	located has consented by ordinance or resolution to the creation of
5596	5596	the district and to the inclusion of land in the district.
5597	5597	(8) Section 8153A.0201(b), Special District Local
5598	5598	Laws Code, as redesignated from Section 8153.0201(b), Special
5599	5599	District Local Laws Code, by Section 22.001 of this Act, is amended
5600	5600	to read as follows:
5601	5601	(b) Except as provided by Section 8153A.0202 [8153.0202],
5602	5602	directors serve staggered four-year terms.
5603	5603	(9) Sections 8153A.0202(b) and (c), Special District
5604	5604	Local Laws Code, as redesignated from Sections 8153.0202(b) and
5605	5605	(c), Special District Local Laws Code, by Section 22.001 of this
5606	5606	Act, are amended to read as follows:
5607	5607	(b) Temporary directors serve until the earlier of:
5608	5608	(1) the date permanent directors are elected under
5609	5609	Section 8153A.0103 [8153.0103]; or
5610	5610	(2) the fourth anniversary of the effective date of
5611	5611	the Act enacting this chapter.
5612	5612	(c) If permanent directors have not been elected under
5613	5613	Section 8153A.0103 [8153.0103] and the terms of the temporary
5614	5614	directors have expired, successor temporary directors shall be
5615	5615	appointed or reappointed as provided by Subsection (d) to serve
5616	5616	terms that expire on the earlier of:
5617	5617	(1) the date permanent directors are elected under
5618	5618	Section 8153A.0103 [8153.0103]; or
5619	5619	(2) the fourth anniversary of the date of the
5620	5620	appointment or reappointment.
5621	5621	(10) Sections 8153A.0306(e), (h), and (k), Special
5622	5622	District Local Laws Code, as redesignated from Sections
5623	5623	8153.0306(e), (h), and (k), Special District Local Laws Code, by
5624	5624	Section 22.001 of this Act, are amended to read as follows:
5625	5625	(e) The board may adopt an order dividing the district
5626	5626	before or after the date the board holds an election under Section
5627	5627	8153A.0103 [8153.0103] to confirm the district's creation.
5628	5628	(h) Any new district created by the division of the district
5629	5629	shall hold a confirmation and directors' election as required by
5630	5630	Section 8153A.0103 [8153.0103].
5631	5631	(k) Municipal consent to the creation of the district and to
5632	5632	the inclusion of land in the district granted under Section
5633	5633	8153A.0104 [8153.0104] acts as municipal consent to the creation of
5634	5634	any new district created by the division of the district and to the
5635	5635	inclusion of land in the new district.
5636	5636	(11) Section 8153A.0401(a), Special District Local
5637	5637	Laws Code, as redesignated from Section 8153.0401(a), Special
5638	5638	District Local Laws Code, by Section 22.001 of this Act, is amended
5639	5639	to read as follows:
5640	5640	(a) The district may issue, without an election, bonds and
5641	5641	other obligations secured by:
5642	5642	(1) revenue other than ad valorem taxes; or
5643	5643	(2) contract payments described by Section 8153A.0403
5644	5644	[8153.0403].
5645	5645	(12) Section 8153A.0402(a), Special District Local
5646	5646	Laws Code, as redesignated from Section 8153.0402(a), Special
5647	5647	District Local Laws Code, by Section 22.001 of this Act, is amended
5648	5648	to read as follows:
5649	5649	(a) If authorized at an election held under Section
5650	5650	8153A.0401 [8153.0401], the district may impose an operation and
5651	5651	maintenance tax on taxable property in the district in accordance
5652	5652	with Section 49.107, Water Code.
5653	5653	(13) Section 11.43(c), Tax Code, is amended to read as
5654	5654	follows:
5655	5655	(c) An exemption provided by Section 11.13, 11.131, 11.132,
5656	5656	11.133, 11.134, 11.17, 11.18, 11.182, 11.1827, 11.183, 11.19,
5657	5657	11.20, 11.21, 11.22, 11.23(a), (h), (j), (j-1), or (m), 11.231,
5658	5658	11.254, 11.27, 11.271, 11.29, 11.30, 11.31, 11.315, 11.35, [or]
5659	5659	11.36, or 11.37, once allowed, need not be claimed in subsequent
5660	5660	years, and except as otherwise provided by Subsection (e), the
5661	5661	exemption applies to the property until it changes ownership or the
5662	5662	person's qualification for the exemption changes. However, except
5663	5663	as provided by Subsection (r), the chief appraiser may require a
5664	5664	person allowed one of the exemptions in a prior year to file a new
5665	5665	application to confirm the person's current qualification for the
5666	5666	exemption by delivering a written notice that a new application is
5667	5667	required, accompanied by an appropriate application form, to the
5668	5668	person previously allowed the exemption. If the person previously
5669	5669	allowed the exemption is 65 years of age or older, the chief
5670	5670	appraiser may not cancel the exemption due to the person's failure
5671	5671	to file the new application unless the chief appraiser complies
5672	5672	with the requirements of Subsection (q), if applicable.
5673	5673	(14) Section 352.003(ee), Tax Code, as redesignated
5674	5674	from Section 352.003(bb), Tax Code, by Section 22.001 of this Act,
5675	5675	is amended to read as follows:
5676	5676	(ee) [(bb)] The tax rate in a county authorized to impose
5677	5677	the tax under Section 352.002(aa) [352.002(v)] may not exceed two
5678	5678	percent of the price paid for a room in a hotel.
5679	5679	(15) Section 352.116, Tax Code, as redesignated from
5680	5680	Section 352.115, Tax Code, by Section 22.001 of this Act, is
5681	5681	amended to read as follows:
5682	5682	Sec. 352.116 [352.115]. USE OF REVENUE: CERTAIN COUNTIES
5683	5683	ADJACENT TO POPULOUS COUNTIES. In addition to the purposes
5684	5684	authorized by this chapter, the revenue from a tax imposed under
5685	5685	this chapter by a county authorized to impose the tax under Section
5686	5686	352.002(aa) [352.002(v)] may be used for the purposes described by
5687	5687	Section 352.112.
5688	5688	(16) Section 504.202(e-1), Transportation Code, as
5689	5689	amended by Chapters 385 (H.B. 282), 506 (H.B. 2503), 768
5690	5690	(H.B. 4595), and 1050 (S.B. 280), Acts of the 88th Legislature,
5691	5691	Regular Session, 2023, is reenacted and amended to read as follows:
5692	5692	(e-1) Other than license plates issued under Subsection
5693	5693	(h), license plates issued under this section may include, on
5694	5694	request:
5695	5695	(1) the emblem of the veteran's branch of service; or
5696	5696	(2) one emblem from another license plate to which the
5697	5697	person is entitled under Section 504.307, 504.308, 504.309,
5698	5698	504.310(b), 504.311, 504.312, 504.313, 504.3135, 504.314, 504.315,
5699	5699	504.316, 504.3161, 504.318, 504.319, 504.320, 504.323, 504.325,
5700	5700	504.327, 504.328, 504.330, 504.331, 504.332, 504.333, 504.334,
5701	5701	[or] 504.335, 504.336, 504.337, or 504.338.
5702	5702	(17) Sections 521.060(a) and (c), Transportation
5703	5703	Code, are amended to read as follows:
5704	5704	(a) The department shall maintain in its files a record of
5705	5705	the name, address, and telephone number of each individual
5706	5706	identified by the holder of a driver's license or personal
5707	5707	identification certificate as an individual the holder authorizes
5708	5708	to be contacted in the event that the holder is injured or dies in or
5709	5709	as a result of a vehicular collision or another emergency
5710	5710	situation. In addition, the department shall maintain in its files
5711	5711	a record of any medical information described by Section 521.125(a)
5712	5712	that is provided to the department under Subsection (c) or any
5713	5713	health condition information that is voluntarily provided to the
5714	5714	department under Sections 521.1251, 521.1252, and 521.142(h).
5715	5715	(c) An application for an original, renewal, or duplicate
5716	5716	driver's license or personal identification certificate must:
5717	5717	(1) be designed to allow, but not require, the
5718	5718	applicant to provide:
5719	5719	(A) the name, address, and telephone number of
5720	5720	not more than two individuals to be contacted if the applicant is
5721	5721	injured or dies in a circumstance described by Subsection (a); and
5722	5722	(B) in addition to health condition information
5723	5723	voluntarily provided under Sections 521.1251, 521.1252, and
5724	5724	521.142(h), medical information described by Section 521.125(a);
5725	5725	and
5726	5726	(2) include a statement that:
5727	5727	(A) describes the confidential nature of the
5728	5728	information; and
5729	5729	(B) states that by providing the department with
5730	5730	the information, the applicant consents to the limited disclosure
5731	5731	and use of the information.
5732	5732	ARTICLE 23. EFFECTIVE DATE
5733	5733	SECTION 23.001. This Act takes effect September 1, 2025.