89R7943 JSC-D
By: Johnson S.B. No. 2375
A BILL TO BE ENTITLED
AN ACT
relating to nonsubstantive additions to, revisions of, and
corrections in enacted codes, to the nonsubstantive codification or
disposition of various laws omitted from enacted codes, and to
conforming codifications enacted by the 88th Legislature to other
Acts of that legislature.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. GENERAL PROVISIONS
SECTION 1.001. This Act is enacted as part of the state's
continuing statutory revision program under Chapter 323,
Government Code. This Act is a revision for purposes of Section 43,
Article III, Texas Constitution, and has the purposes of:
(1) codifying without substantive change or providing
for other appropriate disposition of various statutes that were
omitted from enacted codes;
(2) conforming codifications enacted by the 88th
Legislature to other Acts of that legislature that amended the laws
codified or added new law to subject matter codified;
(3) revising without substantive change provisions in
enacted codes;
(4) making necessary corrections to enacted codes; and
(5) renumbering or otherwise redesignating titles,
chapters, and sections of codes that duplicate title, chapter, or
section designations.
SECTION 1.002. (a) The repeal of a statute by this Act does
not affect an amendment, revision, or reenactment of the statute by
the 89th Legislature, Regular Session, 2025. The amendment,
revision, or reenactment is preserved and given effect as part of
the code provision that revised the statute so amended, revised, or
reenacted.
(b) If any provision of this Act conflicts with a statute
enacted by the 89th Legislature, Regular Session, 2025, the statute
controls.
SECTION 1.003. (a) A transition or saving provision of a
law codified by this Act applies to the codified law to the same
extent as it applied to the original law.
(b) The repeal of a transition or saving provision by this
Act does not affect the application of the provision to the codified
law.
(c) In this section, "transition provision" includes any
temporary provision providing for a special situation in the
transition period between the existing law and the establishment or
implementation of the new law.
SECTION 1.004. (a) The repeal of a law, including a
validating law, by this Act does not remove, void, or otherwise
affect in any manner a validation under the repealed law. The
validation is preserved and continues to have the same effect that
it would have if the law were not repealed.
(b) Subsection (a) of this section does not diminish the
saving provisions prescribed by Section 311.031, Government Code.
ARTICLE 2. CHANGES RELATING TO AGRICULTURE CODE
SECTION 2.001. Section 251.002(1), Agriculture Code, as
amended by Chapters 135 (H.B. 2308), 319 (H.B. 1750), 586 (H.B.
2947), and 711 (H.B. 2271), Acts of the 88th Legislature, Regular
Session, 2023, is reenacted and amended to read as follows:
(1) "Agricultural operation" includes the following
activities:
(A) cultivating the soil;
(B) producing crops or growing vegetation for
human food, animal feed, livestock forage, forage for wildlife
management, planting seed, or fiber;
(C) floriculture;
(D) viticulture;
(E) horticulture;
(F) silviculture;
(G) wildlife management;
(H) raising or keeping livestock or poultry,
including veterinary services;
(I) planting cover crops or leaving land idle for
the purpose of participating in any governmental program or normal
crop or livestock rotation procedure; [and]
(J) the commercial sale of animals, as defined by
Section 252.001 of this code; and
(K) [(J)] aquaculture.
ARTICLE 3. CHANGES RELATING TO BUSINESS & COMMERCE CODE
SECTION 3.001. Section 109.005(a), Business & Commerce
Code, is amended to correct a reference to read as follows:
(a) A business entity may not publish any criminal record
information in the business entity's possession with respect to
which the business entity has knowledge or has received notice
that:
(1) an order of expunction has been issued under
Subchapter E or F, Chapter 55A [Article 55A.201], Code of Criminal
Procedure; or
(2) an order of nondisclosure of criminal history
record information has been issued under Subchapter E-1, Chapter
411, Government Code.
ARTICLE 4. CHANGES RELATING TO CIVIL PRACTICE AND REMEDIES CODE
SECTION 4.001. Section 14A.001(1), Civil Practice and
Remedies Code, as added by Chapter 203 (S.B. 1180), Acts of the 88th
Legislature, Regular Session, 2023, is repealed as duplicative of
Section 14A.001(1), Civil Practice and Remedies Code, as added by
Chapter 351 (S.B. 1179), Acts of the 88th Legislature, Regular
Session, 2023.
SECTION 4.002. Section 14A.054(f), Civil Practice and
Remedies Code, as added by Chapter 203 (S.B. 1180), Acts of the 88th
Legislature, Regular Session, 2023, is repealed as duplicative of
Section 14A.054(f), Civil Practice and Remedies Code, as added by
Chapter 351 (S.B. 1179), Acts of the 88th Legislature, Regular
Session, 2023.
SECTION 4.003. Section 78B.001(1), Civil Practice and
Remedies Code, is amended to conform to Chapter 765 (H.B. 4504),
Acts of the 88th Legislature, Regular Session, 2023, to read as
follows:
(1) "First responder" means a law enforcement, fire
protection, or emergency medical services employee, volunteer, or
agency, including:
(A) a peace officer, as defined by Article 2A.001
[2.12], Code of Criminal Procedure;
(B) fire protection personnel, as defined by
Section 419.021, Government Code;
(C) a volunteer firefighter who is:
(i) certified by the Texas Commission on
Fire Protection or by the State Firefighters' and Fire Marshals'
Association of Texas; or
(ii) a member of an organized volunteer
firefighting unit that provides firefighting services without
compensation and conducts a minimum of two drills each month, each
two hours long;
(D) an individual certified as emergency medical
services personnel by the Department of State Health Services; and
(E) an agency of this state or a political
subdivision of this state authorized by law to employ or supervise
personnel described by Paragraphs (A)-(D).
SECTION 4.004. Section 82.009(a), Civil Practice and
Remedies Code, is amended to conform to Chapter 709 (H.B. 2190),
Acts of the 88th Legislature, Regular Session, 2023, to read as
follows:
(a) In this section, "retrofit" means to install new
equipment or component parts that were not included in a motor
vehicle when the vehicle was manufactured or sold. The term does
not include:
(1) routine maintenance; or
(2) repairs to the vehicle:
(A) as a result of wear and tear; or
(B) required by damage resulting from a collision
[an accident] or other cause.
ARTICLE 5. CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE
SECTION 5.001. (a) Article 2A.001, Code of Criminal
Procedure, is amended to conform to Section 2, Chapter 624 (H.B.
4372), Section 1, Chapter 870 (H.B. 3981), Section 1, Chapter 950
(S.B. 1727), and Section 1, Chapter 984 (S.B. 2612), Acts of the
88th Legislature, Regular Session, 2023, to read as follows:
Art. 2A.001. PEACE OFFICERS GENERALLY. The following are
peace officers:
(1) a sheriff, a sheriff's deputy, or a reserve deputy
sheriff who holds a permanent peace officer license issued under
Chapter 1701, Occupations Code;
(2) a constable, a deputy constable, or a reserve
deputy constable who holds a permanent peace officer license issued
under Chapter 1701, Occupations Code;
(3) a marshal or police officer of a municipality or a
reserve municipal police officer who holds a permanent peace
officer license issued under Chapter 1701, Occupations Code;
(4) a ranger, officer, or member of the reserve
officer corps commissioned by the Public Safety Commission and the
director of the Department of Public Safety;
(5) an investigator of a district attorney's, criminal
district attorney's, or county attorney's office;
(6) a law enforcement agent of the Texas Alcoholic
Beverage Commission;
(7) a member of an arson investigating unit
commissioned by a municipality, a county, or the state;
(8) an officer commissioned under Section 37.081 or
37.0818, Education Code, or Subchapter E, Chapter 51, Education
Code;
(9) an officer commissioned by the Texas Facilities
Commission;
(10) a law enforcement officer commissioned by the
Parks and Wildlife Commission;
(11) an officer commissioned under Chapter 23,
Transportation Code;
(12) a municipal park and recreational patrol officer
or security officer;
(13) a security officer or investigator commissioned
as a peace officer by the comptroller;
(14) an officer commissioned by a water control and
improvement district under Section 49.216, Water Code;
(15) an officer commissioned by a board of trustees
under Chapter 54, Transportation Code;
(16) an investigator commissioned by the Texas Medical
Board;
(17) an officer commissioned by:
(A) the board of managers of the Dallas County
Hospital District, the Tarrant County Hospital District, the Bexar
County Hospital District, or the El Paso County Hospital District
under Section 281.057, Health and Safety Code;
(B) the board of directors of the Ector County
Hospital District under Section 1024.117, Special District Local
Laws Code;
(C) the board of directors of the Midland County
Hospital District of Midland County, Texas, under Section 1061.121,
Special District Local Laws Code; or
(D) the board of hospital managers of the Lubbock
County Hospital District of Lubbock County, Texas, under Section
1053.113, Special District Local Laws Code;
(18) a county park ranger commissioned under
Subchapter E, Chapter 351, Local Government Code;
(19) an investigator employed by the Texas Racing
Commission;
(20) an officer commissioned under Chapter 554,
Occupations Code;
(21) an officer commissioned by the governing body of
a metropolitan rapid transit authority under Section 451.108,
Transportation Code, or a regional transportation authority under
Section 452.110, Transportation Code;
(22) an investigator commissioned by the attorney
general under Section 402.009, Government Code;
(23) a security officer or investigator commissioned
as a peace officer under Chapter 466, Government Code;
(24) an officer appointed by an appellate court under
Subchapter F, Chapter 53, Government Code;
(25) an officer commissioned by the state fire marshal
under Chapter 417, Government Code;
(26) an investigator commissioned by the commissioner
of insurance under Section 701.104, Insurance Code;
(27) an officer appointed by the inspector general of
[apprehension specialist or inspector general commissioned by] the
Texas Juvenile Justice Department [as an officer] under Section
242.102 [or 243.052], Human Resources Code;
(28) an officer appointed by the inspector general of
the Texas Department of Criminal Justice under Section 493.019,
Government Code;
(29) an investigator commissioned by the Texas
Commission on Law Enforcement under Section 1701.160, Occupations
Code;
(30) a fire marshal or any related officer, inspector,
or investigator commissioned by a county under Subchapter B,
Chapter 352, Local Government Code;
(31) a fire marshal or any officer, inspector, or
investigator commissioned by an emergency services district under
Chapter 775, Health and Safety Code;
(32) a fire marshal or any officer, inspector, or
investigator of a municipality who holds a permanent peace officer
license issued under Chapter 1701, Occupations Code;
(33) an officer commissioned by the State Board of
Dental Examiners under Section 254.013, Occupations Code, subject
to the limitations imposed by that section; and
(34) [(33)] an Alamo complex ranger commissioned by
the General Land Office under Section 31.0515, Natural Resources
Code, subject to the limitations imposed by that section
[investigator commissioned by the Texas Juvenile Justice
Department as an officer under Section 221.011, Human Resources
Code].
(b) Section 2, Chapter 624 (H.B. 4372), Section 1, Chapter
870 (H.B. 3981), Section 1, Chapter 950 (S.B. 1727), and Section 1,
Chapter 984 (S.B. 2612), Acts of the 88th Legislature, Regular
Session, 2023, which amended Article 2.12, Code of Criminal
Procedure, are repealed.
SECTION 5.002. (a) Article 2A.002, Code of Criminal
Procedure, is amended to conform to Section 1, Chapter 196 (S.B.
602), Acts of the 88th Legislature, Regular Session, 2023, by
adding Subsection (c-1) to read as follows:
(c-1) In addition to the power granted under Subsection (c),
a border patrol agent of the United States Customs and Border
Protection who completed the training program described by Section
411.02093, Government Code, has the powers of arrest and search and
seizure as to any felony offense under the laws of this state if the
arrest, search, or seizure:
(1) occurs on the premises of a port facility
designated by the commissioner of the United States Customs and
Border Protection as a port of entry or at a border patrol traffic
checkpoint; and
(2) is incident to a detainment under federal law.
(b) Section 1, Chapter 196 (S.B. 602), Acts of the 88th
Legislature, Regular Session, 2023, which amended Article 2.122,
Code of Criminal Procedure, is repealed.
SECTION 5.003. (a) Article 2A.051, Code of Criminal
Procedure, is amended to conform to Section 2, Chapter 729 (H.B.
2660), and Section 1, Chapter 979 (S.B. 2429), Acts of the 88th
Legislature, Regular Session, 2023, to read as follows:
Art. 2A.051. GENERAL POWERS AND DUTIES OF PEACE OFFICERS.
Each peace officer shall:
(1) preserve the peace within the officer's
jurisdiction using all lawful means;
(2) in every case authorized by this code, interfere
without a warrant to prevent or suppress crime;
(3) execute all lawful process issued to the officer
by a magistrate or court;
(4) give notice to an appropriate magistrate of all
offenses committed in the officer's jurisdiction, where the officer
has good reason to believe there has been a violation of the penal
law;
(5) when authorized by law, arrest an offender without
a warrant so the offender may be taken before the proper magistrate
or court and be tried;
(6) take possession of a child under Article
63.00905(g) [63.009(g)]; and
(7) on a request made by the Texas Civil Commitment
Office, execute an emergency detention order issued by that office
under Section 841.0837, Health and Safety Code.
(b) Section 2, Chapter 729 (H.B. 2660), and Section 1,
Chapter 979 (S.B. 2429), Acts of the 88th Legislature, Regular
Session, 2023, which amended Article 2.13(c), Code of Criminal
Procedure, are repealed.
SECTION 5.004. Article 2.1398, Code of Criminal Procedure,
as added by Section 3, Chapter 24 (S.B. 1325), Acts of the 88th
Legislature, Regular Session, 2023, is transferred to Subchapter B,
Chapter 2A, Code of Criminal Procedure, and redesignated as Article
2A.0585, Code of Criminal Procedure.
SECTION 5.005. (a) Article 2A.151, Code of Criminal
Procedure, is amended to conform to Section 4.001, Chapter 861
(H.B. 3474), Acts of the 88th Legislature, Regular Session, 2023,
to read as follows:
Art. 2A.151. TYPES OF MAGISTRATES. The following officers
are magistrates for purposes of this code:
(1) a justice of the supreme court;
(2) a judge of the court of criminal appeals;
(3) a justice of the courts of appeals;
(4) a judge of a district court;
(5) an associate judge appointed by:
(A) a judge of a district court or a statutory
county court that gives preference to criminal cases in Jefferson
County;
(B) a judge of a district court or a statutory
county court of Brazos County, Nueces County, or Williamson County;
or
(C) a judge of a district court under Chapter
54A, Government Code;
(6) a criminal magistrate appointed by:
(A) the Brazoria County Commissioners Court; or
(B) the Burnet County Commissioners Court;
(7) a criminal law hearing officer for:
(A) Harris County appointed under Subchapter L,
Chapter 54, Government Code; or
(B) Cameron County appointed under Subchapter
BB, Chapter 54, Government Code;
(8) a magistrate appointed:
(A) by a judge of a district court of Bexar
County, Dallas County, or Tarrant County that gives preference to
criminal cases;
(B) by a judge of a criminal district court of
Dallas County or Tarrant County;
(C) by a judge of a district court or statutory
county court of Denton or Grayson County;
(D) by a judge of a district court or statutory
county court that gives preference to criminal cases in Travis
County;
(E) [(D)] by the El Paso Council of Judges;
(F) [(E)] by the Fort Bend County Commissioners
Court;
(G) [(F)] by the Collin County Commissioners
Court; or
(H) [(G)] under Subchapter JJ, Chapter 54,
Government Code;
(9) a magistrate or associate judge appointed by a
judge of a district court of Lubbock County, Nolan County, or Webb
County;
(10) a county judge;
(11) a judge of:
(A) a statutory county court;
(B) a county criminal court; or
(C) a statutory probate court;
(12) an associate judge appointed by a judge of a
statutory probate court under Chapter 54A, Government Code;
(13) a justice of the peace; and
(14) a mayor or recorder of a municipality or a judge
of a municipal court.
(b) Section 4.001, Chapter 861 (H.B. 3474), Acts of the 88th
Legislature, Regular Session, 2023, which amended Article 2.09,
Code of Criminal Procedure, is repealed.
SECTION 5.006. Article 2.101, Code of Criminal Procedure,
as added by Section 1, Chapter 421 (H.B. 1712), Acts of the 88th
Legislature, Regular Session, 2023, is transferred to Subchapter D,
Chapter 2A, Code of Criminal Procedure, and redesignated as Article
2A.1521, Code of Criminal Procedure.
SECTION 5.007. (a) Article 2A.155(d), Code of Criminal
Procedure, is amended to conform to Section 7, Chapter 644 (H.B.
4559), Acts of the 88th Legislature, Regular Session, 2023, to read
as follows:
(d) Before a clerk in a county with a population of less than
2.5 [two] million disposes of an eligible exhibit, the clerk must
provide written notice by mail to the attorney representing the
state in the case and the attorney representing the defendant. The
notice must:
(1) describe the exhibit;
(2) include the name and address of the court holding
the exhibit; and
(3) state that the exhibit will be disposed of unless a
written request is received by the clerk before the 31st day after
the date of notice.
(b) Section 7, Chapter 644 (H.B. 4559), Acts of the 88th
Legislature, Regular Session, 2023, which amended Article 2.21(g),
Code of Criminal Procedure, is repealed.
SECTION 5.008. (a) Article 2A.205, Code of Criminal
Procedure, is amended to conform to Section 4.01, Chapter 93 (S.B.
1527), Acts of the 88th Legislature, Regular Session, 2023, to read
as follows:
Art. 2A.205. CERTAIN LAW ENFORCEMENT AGENCIES: REPORT
CONCERNING HUMAN TRAFFICKING CASES. (a) This article applies only
to:
(1) a municipal police department, sheriff's
department, or constable's office[, county attorney's office,
district attorney's office, and criminal district attorney's
office, as applicable,] in a county with a population of more than
50,000; and
(2) the Department of Public Safety.
(b) An entity to which this article applies that
investigates the alleged commission of an offense under Chapter
20A, Penal Code, or the alleged commission of an offense under
Chapter 43, Penal Code, that may involve human trafficking, shall
submit to the attorney general [a report] in the manner and form
prescribed by the attorney general a report containing the
following information:
(1) the offense being investigated, including the
offense code designated by the Department of Public Safety under
Article 66.052 [a brief description of the alleged prohibited
conduct];
(2) regarding each person suspected of committing the
offense [and each victim of the offense, as applicable]:
(A) the person's:
(i) full name [age];
(ii) gender; [and]
(iii) race or ethnicity, as defined by
Article 2B.0051;
(iv) country of origin, if the person is not
a United States citizen or legal permanent resident;
(v) date of birth; and
(vi) age at the time of the offense, if
available; and
(B) the case number associated with the person
and the offense [and with the person suspected of committing the
offense];
(3) the date[, time,] and location of the alleged
offense, including the city and county;
(4) [the type of human trafficking involved,
including:
[(A) forced labor or services, as defined by
Section 20A.01, Penal Code;
[(B) causing the victim by force, fraud, or
coercion to engage in prohibited conduct involving one or more
sexual activities, including conduct described by Section
20A.02(a)(3), Penal Code; or
[(C) causing a child victim by any means to
engage in, or become the victim of, prohibited conduct involving
one or more sexual activities, including conduct described by
Section 20A.02(a)(7), Penal Code;
[(5) if available, information regarding any victims'
service organization or program to which the victim was referred as
part of the investigation; and
[(6)] the disposition of the investigation, if any,
regardless of the manner of disposition; and
(5) regarding the victim of the offense:
(A) the victim's:
(i) age;
(ii) gender;
(iii) race or ethnicity, as defined by
Article 2B.0051; and
(iv) country of origin, if the victim is not
a United States citizen or legal permanent resident; and
(B) if available, information regarding any
victims' service organization or program to which the victim was
referred as part of the investigation.
(c) An entity described by Subsection (a) that does not have
any investigations or offenses required to be reported under this
article during a period specified by the attorney general shall
submit to the attorney general a notice stating there are no cases
to report, in the manner and form prescribed by the attorney
general [An attorney representing the state who prosecutes the
alleged commission of an offense under Chapter 20A, Penal Code, or
the alleged commission of an offense under Chapter 43, Penal Code,
that may involve human trafficking, shall submit to the attorney
general the following information:
[(1) the offense being prosecuted, including a brief
description of the alleged prohibited conduct;
[(2) any other charged offense that is part of the same
criminal episode out of which the offense described by Subdivision
(1) arose;
[(3) the information described by Subsections (b)(2),
(3), (4), and (5); and
[(4) the disposition of the prosecution, regardless of
the manner of disposition].
(d) The attorney general may enter into a contract with a
university or organization to assist with [that provides for the
university's assistance in] the collection and analysis of
information received under this article. The attorney general
shall ensure that all sensitive information is properly protected.
(e) Information described by Subsections (b)(2)(A)(i) and
(v) and (b)(2)(B) is not subject to disclosure under Chapter 552,
Government Code.
(f) In consultation with the entities described by
Subsection (a), the attorney general shall adopt rules to
administer this article, including rules prescribing:
(1) the form and manner of submission of a report or
notice required by Subsection (b) or (c); and
(2) additional information to include in a report or
notice required by Subsection (b) or (c).
(b) Section 4.01, Chapter 93 (S.B. 1527), Acts of the 88th
Legislature, Regular Session, 2023, which amended Article 2.305,
Code of Criminal Procedure, is repealed.
SECTION 5.009. Article 2A.209(a)(1), Code of Criminal
Procedure, is amended to conform to Chapter 765 (H.B. 4504), Acts of
the 88th Legislature, Regular Session, 2023, to read as follows:
(1) "Attorney representing the state" means an
attorney authorized by law to represent the state in a criminal
case, including a district attorney, criminal district attorney, or
county attorney with criminal jurisdiction. The term does not
include an attorney representing the state in a justice or
municipal court under Chapter 45A [45].
SECTION 5.010. Article 7B.003(b), Code of Criminal
Procedure, is amended to conform to Chapter 955 (S.B. 194), Acts of
the 86th Legislature, Regular Session, 2019, to read as follows:
(b) If the court finds that there are reasonable grounds to
believe that the applicant is the victim of sexual assault or abuse,
indecent assault, stalking, or trafficking, the court shall issue a
protective order that includes a statement of the required
findings.
SECTION 5.011. (a) Article 13A.554, Code of Criminal
Procedure, is amended to conform to Chapter 351 (S.B. 1179), Acts of
the 88th Legislature, Regular Session, 2023, to read as follows:
Art. 13A.554. FELONY OFFENSE COMMITTED BY CIVILLY COMMITTED
[FAILURE TO COMPLY WITH] SEXUALLY VIOLENT PREDATOR [CIVIL
COMMITMENT REQUIREMENT]. A felony [An] offense committed by a
person civilly committed under Chapter 841 [Section 841.085],
Health and Safety Code, may be prosecuted in:
(1) any county in which an element of the offense
occurs; or
(2) the court that retains jurisdiction over the civil
commitment proceeding under Section 841.082, Health and Safety
Code.
(b) Section 7, Chapter 351 (S.B. 1179), Acts of the 88th
Legislature, Regular Session, 2023, which amended Article 13.315,
Code of Criminal Procedure, is repealed.
SECTION 5.012. Article 17.50(a)(3), Code of Criminal
Procedure, is amended to conform to Chapter 221 (H.B. 375), Acts of
the 87th Legislature, Regular Session, 2021, to read as follows:
(3) "Violent offense" means:
(A) an offense under the following sections of
the Penal Code:
(i) Section 19.02 (murder);
(ii) Section 19.03 (capital murder);
(iii) Section 20.03 (kidnapping);
(iv) Section 20.04 (aggravated
kidnapping);
(v) Section 21.11 (indecency with a child);
(vi) Section 22.011 (sexual assault);
(vii) Section 22.02 (aggravated assault);
(viii) Section 22.021 (aggravated sexual
assault);
(ix) Section 22.04 (injury to a child,
elderly individual, or disabled individual);
(x) Section 29.03 (aggravated robbery);
(xi) Section 21.02 (continuous sexual abuse
of young child or disabled individual [children]); or
(xii) Section 20A.03 (continuous
trafficking of persons); or
(B) any offense involving family violence, as
defined by Section 71.004, Family Code.
SECTION 5.013. Article 18B.001(1), Code of Criminal
Procedure, as amended by Chapters 901 (H.B. 4906) and 950 (S.B.
1727), Acts of the 88th Legislature, Regular Session, 2023, is
reenacted and amended to read as follows:
(1) "Authorized peace officer" means:
(A) a sheriff or deputy sheriff;
(B) a constable or deputy constable;
(C) a marshal or police officer of a
municipality;
(D) a ranger or officer commissioned by the
Public Safety Commission or the director of the department;
(E) an investigator of a prosecutor's office;
(F) a law enforcement agent of the Texas
Alcoholic Beverage Commission;
(G) a law enforcement officer commissioned by the
Parks and Wildlife Commission;
(H) an enforcement officer appointed by the
inspector general of the Texas Department of Criminal Justice under
Section 493.019, Government Code;
(I) a law enforcement officer appointed by the
inspector general of the Texas Juvenile Justice Department under
Section 242.102, Human Resources Code;
(J) an investigator commissioned by the attorney
general under Section 402.009, Government Code;
(K) a member of an arson investigating unit
commissioned by a municipality, a county, or the state; or
(L) [(K)] a peace officer commissioned under
Section 37.081 or 51.203, Education Code.
SECTION 5.014. (a) Article 45A.101(f), Code of Criminal
Procedure, is amended to conform to Section 9, Chapter 644 (H.B.
4559), Acts of the 88th Legislature, Regular Session, 2023, to read
as follows:
(f) In a county with a population of more than 2.5 [two]
million that does not have a county attorney, a complaint for an
offense under Section 32.41, Penal Code, must be approved by the
district attorney, regardless of whether a collection proceeding is
initiated by the district attorney under Subsection (e) of that
section.
(b) Section 9, Chapter 644 (H.B. 4559), Acts of the 88th
Legislature, Regular Session, 2023, which amended Article
45.019(g), Code of Criminal Procedure, is repealed.
SECTION 5.015. (a) Article 45A.104(d), Code of Criminal
Procedure, is amended to conform to Section 8, Chapter 644 (H.B.
4559), Acts of the 88th Legislature, Regular Session, 2023, to read
as follows:
(d) In a county with a population of more than 2.5 [two]
million that does not have a county attorney, a justice or judge may
not issue a warrant under this article for an offense under Section
32.41, Penal Code, unless the district attorney has approved the
complaint or affidavit on which the warrant is based.
(b) Section 8, Chapter 644 (H.B. 4559), Acts of the 88th
Legislature, Regular Session, 2023, which amended Article
45.014(d), Code of Criminal Procedure, is repealed.
SECTION 5.016. (a) Article 45A.158, Code of Criminal
Procedure, is amended to conform to Section 1, Chapter 697 (H.B.
1603), Acts of the 88th Legislature, Regular Session, 2023, and
Chapter 765 (H.B. 4504), Acts of the 88th Legislature, Regular
Session, 2023, to read as follows:
Art. 45A.158. ATTORNEY REPRESENTING STATE NOT PRESENT FOR
TRIAL. (a) If an attorney representing the state is not present
when the case is called for trial, the justice or judge may:
(1) postpone the trial to a specified date;
(2) temporarily appoint any competent attorney to
perform duties as an attorney representing [pro tem as provided by
this code to represent] the state, notwithstanding Article 2A.104;
or
(3) proceed to trial.
(b) An attorney appointed under Subsection (a) is qualified
to perform the duties of the office of the attorney representing the
state and may be paid a reasonable fee for performing those duties.
(b) Section 1, Chapter 697 (H.B. 1603), Acts of the 88th
Legislature, Regular Session, 2023, which amended Article 45.031,
Code of Criminal Procedure, is repealed.
SECTION 5.017. (a) Article 45A.251, Code of Criminal
Procedure, is amended to conform to Section 4, Chapter 525 (H.B.
3186), Acts of the 88th Legislature, Regular Session, 2023, by
adding Subsection (a-1) to read as follows:
(a-1) In a case involving a child who is eligible for
diversion under Article 45A.504 that results in a trial, if the
court determines that the evidence presented in a bench trial would
support a finding of guilt, or if a jury returns a verdict of
guilty, the court shall provide the child and the child's parents
the opportunity to accept placement in diversion, under Article
45A.510, instead of entering an adjudication of guilt. If the child
and the child's parents accept the opportunity for placement in
diversion under Article 45A.510, the court shall place the child in
diversion. If the child and the child's parents decline the
opportunity for placement in diversion under Article 45A.510, the
court shall find the child guilty and proceed to sentencing.
(b) Article 45A.253(b), Code of Criminal Procedure, is
amended to conform to Section 4, Chapter 525 (H.B. 3186), Acts of
the 88th Legislature, Regular Session, 2023, to read as follows:
(b) If a diversion is not required under Subchapter K or
Article 45A.251(a-1), a [A] judge shall [may] allow a defendant who
is a child, as defined by Article 45A.453(a), to elect at the time
of conviction, as defined by Section 133.101, Local Government
Code, to discharge the fine and costs by:
(1) performing community service or receiving
tutoring under Article 45A.460, regardless of whether the
applicable offense occurred at a location specified by Subsection
(a) of that article; or
(2) paying the fine and costs in a manner described by
Article 45A.251(b).
(c) Section 4, Chapter 525 (H.B. 3186), Acts of the 88th
Legislature, Regular Session, 2023, which amended Article 45.041,
Code of Criminal Procedure, is repealed.
SECTION 5.018. (a) Articles 45A.254(g) and (i), Code of
Criminal Procedure, are amended to conform to Section 5, Chapter
525 (H.B. 3186), Acts of the 88th Legislature, Regular Session,
2023, to read as follows:
(g) A community supervision and corrections department, a
local juvenile probation department, or a court-related services
office may provide the administrative and other services necessary
to supervise a defendant required to perform community service
under this article.
(i) A sheriff, employee of a sheriff's department, county
commissioner, county employee, county judge, justice of the peace,
municipal court judge, or officer or employee of a political
subdivision other than a county or an entity that accepts a
defendant to perform community service under this article or
Subchapter K is not liable for damages arising from an act or
failure to act in connection with the community service if the act
or failure to act:
(1) was performed pursuant to court order; and
(2) was not intentional, wilfully or wantonly
negligent, or performed with conscious indifference or reckless
disregard for the safety of others.
(b) Section 5, Chapter 525 (H.B. 3186), Acts of the 88th
Legislature, Regular Session, 2023, which amended Articles
45.049(f) and (i), Code of Criminal Procedure, is repealed.
SECTION 5.019. (a) Article 45A.259(i), Code of Criminal
Procedure, is amended to conform to Section 1, Chapter 425 (H.B.
1819), Acts of the 88th Legislature, Regular Session, 2023, to read
as follows:
(i) This article does not limit the authority of a court to
order a child taken into custody under Article 45A.453 [or
45A.455].
(b) Section 1, Chapter 425 (H.B. 1819), Acts of the 88th
Legislature, Regular Session, 2023, which amended Article
45.045(c), Code of Criminal Procedure, is repealed.
SECTION 5.020. (a) Articles 45A.303(b) and (c), Code of
Criminal Procedure, are amended to conform to Section 4, Chapter
1021 (H.B. 5183), Acts of the 88th Legislature, Regular Session,
2023, to read as follows:
(b) During the deferral period, the judge may require the
defendant to:
(1) secure payment of the fine by posting a bond in the
amount of the fine assessed as punishment for the offense;
(2) pay restitution to the victim of the offense in an
amount not to exceed the amount of the fine assessed as punishment
for the offense;
(3) submit to professional counseling;
(4) submit to diagnostic testing for alcohol or a
controlled substance or drug;
(5) submit to a psychosocial assessment;
(6) successfully complete an alcohol awareness or
substance misuse [drug abuse] treatment or education program, such
as:
(A) a substance misuse [drug] education program
that is designed to educate persons on the dangers of substance
misuse [drug abuse] in accordance with Section 521.374(a)(1),
Transportation Code, and that is regulated by the Texas Department
of Licensing and Regulation under Chapter 171, Government Code; or
(B) an alcohol awareness program described by
Section 106.115, Alcoholic Beverage Code, that is regulated by the
Texas Department of Licensing and Regulation under Chapter 171,
Government Code;
(7) pay the costs of any diagnostic testing,
psychosocial assessment, or treatment or education program
participation as reimbursement fees:
(A) directly; or
(B) through the court as court costs;
(8) complete a driving safety course approved under
Chapter 1001, Education Code, or another course as directed by the
judge;
(9) present to the court satisfactory evidence that
the defendant has complied with each requirement imposed by the
judge under this subchapter; and
(10) comply with any other reasonable condition.
(c) A judge who requires a defendant to successfully
complete an alcohol awareness program or substance misuse [drug]
education program as described by Subsection (b)(6) shall require
the defendant to pay a reimbursement fee for the cost of the
program, unless the judge determines that the defendant is indigent
and unable to pay the cost.
(b) Section 4, Chapter 1021 (H.B. 5183), Acts of the 88th
Legislature, Regular Session, 2023, which amended Articles
45.051(b) and (g), Code of Criminal Procedure, is repealed.
SECTION 5.021. (a) Article 45A.403, Code of Criminal
Procedure, is amended to conform to Section 1, Chapter 749 (H.B.
3917), Acts of the 88th Legislature, Regular Session, 2023, to read
as follows:
Art. 45A.403. DISMISSAL OF PARENT CONTRIBUTING TO
NONATTENDANCE CHARGE. (a) Subject to Subsection (b) and
notwithstanding [Notwithstanding] any other law, a county,
justice, or municipal court may dismiss a charge against a
defendant alleging the defendant committed an offense under Section
25.093, Education Code, if the court finds that a dismissal would be
in the interest of justice because:
(1) there is a low likelihood of recidivism by the
defendant; or
(2) sufficient justification exists for the failure of
the defendant's child to attend school.
(b) Notwithstanding any other law, a county, justice, or
municipal court shall dismiss a charge against a defendant alleging
the defendant committed an offense under Section 25.093, Education
Code, if the parent completes the terms of an agreement entered into
by the parent and the school district at which the parent's child
attends under Section 25.094, Education Code, within the period
required by Subsection (b) of that section. If agreed to by the
school district that is a party to the agreement, the court may
extend the period under Section 25.094(b), Education Code, during
which a parent may fulfill the terms of the agreement.
(b) Section 1, Chapter 749 (H.B. 3917), Acts of the 88th
Legislature, Regular Session, 2023, which amended Article 45.0531,
Code of Criminal Procedure, is repealed.
SECTION 5.022. (a) The heading to Subchapter J, Chapter
45A, Code of Criminal Procedure, is amended to conform to Sections
6, 7, and 8, Chapter 525 (H.B. 3186), Acts of the 88th Legislature,
Regular Session, 2023, to read as follows:
SUBCHAPTER J. CASES INVOLVING CHILDREN [JUVENILES]
(b) Articles 45A.451(a), (b), (c), (d), (e), (f), (h), and
(i), Code of Criminal Procedure, are amended to conform to Sections
6, 7, and 8, Chapter 525 (H.B. 3186), Acts of the 88th Legislature,
Regular Session, 2023, to read as follows:
(a) On approval of the commissioners court, governing body
of a municipality, school district board of trustees, juvenile
board, or other appropriate authority, a county court, justice
court, municipal court, school district, juvenile probation
department, or other appropriate governmental entity may:
(1) employ a juvenile case manager or contract for a
juvenile case manager to provide services:
(A) in cases involving:
(i) youth diversion under Subchapter K; or
(ii) children [juvenile offenders] who are
before a court consistent with the court's statutory powers; or
(B) to a child [juvenile] who is referred to a
court by a school administrator or designee for misconduct that
would otherwise be within the court's statutory powers before a
case is filed, with the consent of the child [juvenile] and the
child's [juvenile's] parents or guardians;
(2) employ or contract for the services of one or more
juvenile case managers who:
(A) shall assist the court in administering the
court's juvenile docket and in supervising the court's orders in
juvenile cases; and
(B) may provide:
(i) prevention services to a child
considered at risk of entering the juvenile justice system; and
(ii) youth diversion [intervention]
services to a child [juvenile] engaged in misconduct, excluding
traffic offenses, if a case has not yet been filed with respect to
the misconduct; or
(3) agree in accordance with Chapter 791, Government
Code, with any appropriate governmental entity to jointly employ a
juvenile case manager, jointly contract for juvenile case manager
services, or [to] jointly contribute to the costs of a juvenile case
manager or juvenile case manager [employed by one governmental
entity to provide] services described by Subdivisions (1) and (2).
(b) A local entity may apply or more than one local entity
may jointly apply to the criminal justice division of the
governor's office for reimbursement of all or part of the costs of
employing one or more juvenile case managers or contracting for
juvenile case manager services from funds appropriated to the
governor's office or otherwise available for purposes of youth
diversion [that purpose].
(c) To be eligible for reimbursement under Subsection (b),
the entity applying must present to the governor's office a
comprehensive plan to reduce juvenile offenses in the entity's
jurisdiction and a youth diversion plan under Article 45A.506. The
plan must address the role of the juvenile case manager in that
effort.
(d) An entity that jointly employs a juvenile case manager,
jointly contracts for juvenile case manager services, or jointly
contributes to the costs of a juvenile case manager or juvenile case
manager services under Subsection (a)(3) employs a juvenile case
manager for purposes of Chapter 102.
(e) The court or governing body may pay, from the local
youth [truancy prevention and] diversion fund established under
Section 134.156, Local Government Code:
(1) the salary and benefits of a juvenile case
manager; [and]
(2) the costs of contracting for juvenile case manager
services; and
(3) the costs of training, travel, office supplies,
and other necessary expenses relating to the position of the
juvenile case manager and juvenile case manager services.
(f) A juvenile case manager [employed under Subsection
(a-1)] shall give priority to cases brought under Section 25.093,
Education Code, Chapter 65, Family Code, and youth diversion under
Subchapter K of this chapter.
(h) A [The employing] court or governmental entity under
this article shall implement the rules adopted under Subsection
(g).
(i) The commissioners court or governing body of the
municipality that administers a local youth [truancy prevention
and] diversion fund under Section 134.156, Local Government Code,
shall require periodic review of juvenile case managers to ensure
the implementation of the rules adopted under Subsection (g).
(c) Article 45A.451(g), Code of Criminal Procedure, is
amended to conform to Chapter 1033 (S.B. 24), Acts of the 88th
Legislature, Regular Session, 2023, and Sections 6, 7, and 8,
Chapter 525 (H.B. 3186), Acts of the 88th Legislature, Regular
Session, 2023, to read as follows:
(g) The governing body of the employing governmental entity
under Subsection (a) shall adopt reasonable rules for juvenile case
managers that provide for:
(1) a code of ethics and the enforcement of the code of
ethics;
(2) appropriate educational preservice and in-service
training standards for juvenile case managers; and
(3) training in:
(A) the role of the juvenile case manager;
(B) case planning and management;
(C) applicable procedural and substantive law;
(D) courtroom proceedings and presentation;
(E) services for [to] at-risk youth under
Subchapter D, Chapter 137 [264], Human Resources [Family] Code;
(F) local programs and services for children
[juveniles] and methods by which children [juveniles] may access
those programs and services; and
(G) detecting and preventing abuse,
exploitation, and neglect of children [juveniles].
(d) Article 45A.451(a-1), Code of Criminal Procedure, is
repealed to conform to the reenactment of Article 45.056(c), Code
of Criminal Procedure, by Section 7, Chapter 525 (H.B. 3186), Acts
of the 88th Legislature, Regular Session, 2023.
(e) Sections 6, 7, and 8, Chapter 525 (H.B. 3186), Acts of
the 88th Legislature, Regular Session, 2023, which amended Article
45.056, Code of Criminal Procedure, are repealed.
SECTION 5.023. (a) Article 45A.452(a), Code of Criminal
Procedure, is amended to conform to Section 3, Chapter 525 (H.B.
3186), Acts of the 88th Legislature, Regular Session, 2023, to read
as follows:
(a) Subject to the requirements of Subchapter K, this [This]
article applies to a defendant who has not had the disabilities of
minority removed and has been:
(1) charged with an offense other than an offense
under Section 43.261, Penal Code, if the defendant is younger than
17 years of age; or
(2) charged with an offense under Section 43.261,
Penal Code, if the defendant is younger than 18 years of age.
(b) Section 3, Chapter 525 (H.B. 3186), Acts of the 88th
Legislature, Regular Session, 2023, which amended Article
45.0215(a), Code of Criminal Procedure, is repealed.
SECTION 5.024. Article 45A.455, Code of Criminal Procedure,
is repealed to conform to the repeal of Article 45.059, Code of
Criminal Procedure, by Section 8, Chapter 425 (H.B. 1819), Acts of
the 88th Legislature, Regular Session, 2023.
SECTION 5.025. (a) Article 45A.456(a), Code of Criminal
Procedure, is amended to conform to Section 2, Chapter 425 (H.B.
1819), Acts of the 88th Legislature, Regular Session, 2023, to read
as follows:
(a) Except as provided by Articles 45A.453 and [,] 45A.454,
[and 45A.455,] an individual may not be taken into secured custody
for offenses alleged to have occurred before the individual's 17th
birthday.
(b) Section 2, Chapter 425 (H.B. 1819), Acts of the 88th
Legislature, Regular Session, 2023, which amended Article
45.060(a), Code of Criminal Procedure, is repealed.
SECTION 5.026. (a) Article 45A.457(b), Code of Criminal
Procedure, is amended to conform to Section 7, Chapter 1033 (S.B.
24), Acts of the 88th Legislature, Regular Session, 2023, to read as
follows:
(b) On a finding by a justice or municipal court that a child
committed an offense that the court has jurisdiction of under
Article 4.11 or 4.14, the court has jurisdiction to enter an order:
(1) referring the child or the child's parent for
services under Section 137.152, Human Resources Code [264.302,
Family Code];
(2) requiring that the child attend a special program
that the court determines to be in the best interest of the child
and, if the program involves the expenditure of municipal or county
funds, that is approved by the governing body of the municipality or
county commissioners court, as applicable, including a program for:
(A) rehabilitation;
(B) counseling;
(C) self-esteem and leadership;
(D) work and job skills training;
(E) job interviewing and work preparation;
(F) self-improvement;
(G) parenting;
(H) manners;
(I) violence avoidance;
(J) tutoring;
(K) sensitivity training;
(L) parental responsibility;
(M) community service;
(N) restitution;
(O) advocacy; or
(P) mentoring; or
(3) requiring that the child's parent perform any act
or refrain from performing any act as the court determines will
increase the likelihood that the child will comply with the orders
of the court and that is reasonable and necessary for the welfare of
the child, including:
(A) attend a parenting class or parental
responsibility program; and
(B) attend the child's school classes or
functions.
(b) Section 7, Chapter 1033 (S.B. 24), Acts of the 88th
Legislature, Regular Session, 2023, which amended Article
45.057(b), Code of Criminal Procedure, is repealed.
SECTION 5.027. (a) Chapter 45A, Code of Criminal
Procedure, is amended to conform to Section 2, Chapter 525 (H.B.
3186), Acts of the 88th Legislature, Regular Session, 2023, and
Chapter 1033 (S.B. 24), Acts of the 88th Legislature, Regular
Session, 2023, by adding Subchapter K to read as follows:
SUBCHAPTER K. YOUTH DIVERSION
Art. 45A.501. DEFINITIONS. In this subchapter:
(1) "Charge" means a formal or informal allegation of
an offense, including a citation, written promise to appear,
complaint, or pending complaint.
(2) "Child" has the meaning assigned by Article
45A.453(a).
(3) "Court" means a justice court, municipal court, or
other court subject to this chapter.
(4) "Diversion" means an intervention strategy that
redirects a child from formal criminal prosecution and holds the
child accountable for the child's actions. The term includes
diversion under Article 45A.509 or 45A.510.
(5) "Offense" means a misdemeanor punishable by fine
only, other than a traffic offense.
(6) "Parent" has the meaning assigned by Article
45A.457(a).
(7) "Service provider" means a governmental agency,
political subdivision, open-enrollment charter school, nonprofit
organization, or other entity that provides services to children or
families.
(8) "Youth diversion plan" means a plan adopted under
Article 45A.506.
Art. 45A.502. APPLICABILITY. This subchapter applies only
to a child who is alleged to have engaged in conduct that
constitutes a misdemeanor punishable by fine only, other than a
traffic offense.
Art. 45A.503. TRANSFER TO JUVENILE COURT NOT AFFECTED.
Nothing in this subchapter precludes:
(1) a case involving a child from being referred,
adjudicated, or disposed of as conduct indicating a need for
supervision under Title 3, Family Code; or
(2) a waiver of criminal jurisdiction and transfer of
a child's case as provided by Section 51.08, Family Code.
Art. 45A.504. DIVERSION ELIGIBILITY. (a) Except as
otherwise provided by this subchapter, a child shall be diverted
from formal criminal prosecution as provided by this subchapter.
(b) A child is eligible to enter into a diversion agreement
under this subchapter only once every 365 days.
(c) A child is not eligible for diversion if the child has
previously had an unsuccessful diversion under this subchapter.
(d) A child is not eligible for diversion if a diversion is
objected to by the attorney representing the state.
(e) A court may not divert a child from criminal prosecution
as provided by this subchapter without the written consent of the
child and the child's parent.
Art. 45A.505. DIVERSION STRATEGIES. (a) Diversion
strategies include:
(1) requiring a child to participate in a program,
including:
(A) a court-approved teen court program operated
by a service provider;
(B) a school-related program;
(C) an educational program, including an alcohol
awareness program, a tobacco awareness program, or a drug education
program;
(D) a rehabilitation program; or
(E) a self-improvement program, including a
program relating to self-esteem, leadership, self-responsibility,
empathy, parenting, parental responsibility, manners, violence
avoidance, anger management, life skills, wellness, or dispute
resolution;
(2) referring a child to a service provider for
services, including:
(A) at-risk youth services under Subchapter D,
Chapter 137, Human Resources Code;
(B) juvenile case manager services under Article
45A.451;
(C) work and job skills training, including job
interviewing and work preparation;
(D) academic monitoring or tutoring, including
preparation for a high school equivalency examination administered
under Section 7.111, Education Code;
(E) community-based services;
(F) mental health screening and clinical
assessment;
(G) counseling, including private or in-school
counseling; or
(H) mentoring services;
(3) requiring a child to:
(A) participate in mediation or other dispute
resolution processes;
(B) submit to alcohol or drug testing; or
(C) substantially comply with a course of
treatment prescribed by a physician or other licensed medical or
mental health professional; and
(4) requiring a child, by court order, to:
(A) pay restitution not to exceed $100 for an
offense against property under Title 7, Penal Code;
(B) perform not more than 20 hours of community
service; or
(C) perform any other reasonable action
determined by the court.
(b) A diversion strategy may be imposed under:
(1) an intermediate diversion under Article 45A.509;
(2) a diversion by a justice or judge under Article
45A.510; or
(3) a system of graduated sanctions for certain school
offenses under Section 37.144, Education Code.
(c) A diversion strategy under this subchapter may not
require a child who is a home-schooled student, as defined by
Section 29.916, Education Code, to:
(1) attend an elementary or secondary school; or
(2) use an educational curriculum other than the
curriculum selected by the parent.
Art. 45A.506. YOUTH DIVERSION PLAN. (a) A youth diversion
plan is a written plan that describes the types of strategies that
will be used to implement youth diversion. A youth diversion plan
does not limit the types of diversion strategies that may be imposed
under a diversion agreement under Article 45A.508.
(b) Each justice and municipal court shall adopt a youth
diversion plan.
(c) A youth diversion plan may be devised for a county or
municipality or an individual court within a county or
municipality.
(d) In accordance with Chapter 791, Government Code, a local
government may enter into an agreement with one or more local
governments to create a regional youth diversion plan and
collaborate in the implementation of this subchapter.
(e) A youth diversion plan may include an agreement with a
service provider to provide services for a diversion strategy.
(f) A youth diversion plan may contain guidelines for
disposition or diversion of a child's case by law enforcement. The
guidelines are not mandatory.
(g) A current youth diversion plan must be maintained on
file for public inspection in each justice and municipal court,
including courts that collaborate with one or more counties or
municipalities.
(h) A court or local government may adopt rules necessary to
coordinate services under a youth diversion plan or to implement
this subchapter.
Art. 45A.507. YOUTH DIVERSION COORDINATOR. (a) A court may
designate a youth diversion coordinator to assist the court in:
(1) determining whether a child is eligible for
diversion;
(2) employing a diversion strategy authorized by this
subchapter;
(3) presenting and maintaining diversion agreements;
(4) monitoring diversions;
(5) maintaining records regarding whether one or more
diversions were successful or unsuccessful; and
(6) coordinating referrals to court.
(b) The responsibilities of the youth diversion coordinator
may be performed by:
(1) a court administrator or court clerk, or a person
who regularly performs the duties of court administrator or court
clerk;
(2) an individual or entity that provides juvenile
case manager services under Article 45A.451;
(3) a court-related services office;
(4) a community supervision and corrections
department, including a juvenile probation department;
(5) a county or municipal employee, including a peace
officer;
(6) a community volunteer;
(7) an institution of higher education, including a
public, private, or independent institution of higher education; or
(8) a qualified nonprofit organization as determined
by the court.
Art. 45A.508. DIVERSION AGREEMENT. (a) A diversion
agreement must identify the parties to the agreement and the
responsibilities of the child and the child's parent to ensure
their meaningful participation in a diversion under Article 45A.509
or 45A.510.
(b) Stated objectives in a diversion agreement must be
measurable, realistic, and reasonable and consider the
circumstances of the child, the best interests of the child, and the
long-term safety of the community.
(c) A diversion agreement must include:
(1) the terms of the agreement, including one or more
diversions required to be completed by the child, written in a clear
and concise manner and identifying any offense or charge being
diverted;
(2) possible outcomes or consequences of a successful
diversion and an unsuccessful diversion;
(3) an explanation that participation in a diversion
is not an admission of guilt and a guilty plea is not required to
participate in a diversion;
(4) an explanation of the process that will be used for
reviewing and monitoring compliance with the terms of the
agreement;
(5) the period of the diversion;
(6) a verification that:
(A) the child and the child's parent were
notified of the child's rights, including the right to refuse
diversion; and
(B) the child knowingly and voluntarily consents
to participate in the diversion; and
(7) written acknowledgment and acceptance of the
agreement by the child and the child's parent.
(d) The terms of an agreement may vary depending on the
circumstances of the child, including the child's age and ability,
the charge being diverted, or the diversion strategy used.
(e) A charge may not be filed against a child or, if filed,
shall be dismissed by the court if the child:
(1) does not contest the charge;
(2) is eligible for diversion under Article 45A.504;
and
(3) accepts the terms of the agreement.
(f) Entering into a diversion agreement under this article
extends the court's jurisdiction for the term of the agreement.
(g) On entering into a diversion agreement, a copy of the
agreement shall be provided to the child and the child's parent, the
clerk of the court, a youth diversion coordinator, and any person
specified by the youth diversion plan.
Art. 45A.509. INTERMEDIATE DIVERSION. (a) If provided by a
youth diversion plan, a youth diversion coordinator or juvenile
case manager shall advise the child and the child's parent before a
case is filed that the case may be diverted under this article for a
reasonable period not to exceed 180 days if:
(1) the child is eligible for diversion under Article
45A.504;
(2) diversion is in the best interests of the child and
promotes the long-term safety of the community;
(3) the child and the child's parent consent to
diversion with the knowledge that diversion is optional; and
(4) the child and the child's parent are informed that
they may terminate the diversion at any time and, if terminated, the
case will be referred to court.
(b) The terms of a diversion agreement under this article
must be in writing and may include any of the diversion strategies
under Article 45A.505.
(c) The case of a child who successfully complies with the
terms of a diversion agreement under this article shall be closed
and reported as successful to the court.
(d) A child who does not comply with the terms of a diversion
agreement under this article shall be referred to court under
Article 45A.511.
Art. 45A.510. DIVERSION BY JUSTICE OR JUDGE. (a) If a
charge involving a child who is eligible for diversion is filed with
a court, a justice or judge shall divert the case under this article
as follows:
(1) if the child does not contest the charge, a justice
or judge shall divert the case under this article without the child
having to enter a plea; or
(2) if the child contests the charge, a justice or
judge shall divert the case under this article at the conclusion of
trial on a finding of guilt without entering a judgment of
conviction as provided by Article 45A.251.
(b) A diversion under this article may not exceed 180 days.
(c) The terms of a diversion agreement under this article
must be in writing and may include any of the diversion strategies
described by Article 45A.505.
(d) The case of a child who successfully complies with the
terms of a diversion agreement under this article shall be closed
and reported as successful to the court.
(e) A child who does not comply with the terms of a diversion
agreement under this article shall be referred to court for a
hearing under Article 45A.511.
Art. 45A.511. REFERRAL TO COURT. (a) A court shall conduct
a non-adversarial hearing for a child who does not successfully
complete the terms of a diversion under Article 45A.509 or 45A.510
and is referred to the court.
(b) The hearing is an opportunity for a justice or judge to
confer with the child and the child's parent to determine whether a
diversion should be declared unsuccessful by the court. The court
may also hear from any person who may be of assistance to the child
or the court in determining what is in the best interests of the
child and the long-term safety of the community.
(c) After the hearing, a court may enter an order:
(1) amending or setting aside terms in the diversion
agreement;
(2) extending the diversion for a period not to exceed
one year from the initial start date of the diversion;
(3) issuing a continuance for the hearing for a period
not to exceed 60 days to allow an opportunity for compliance with
the terms of the diversion;
(4) subject to Subsection (d), requiring the child's
parent to perform any act or refrain from performing any act as the
court determines will increase the likelihood the child will
successfully complete the diversion and comply with any other order
of the court that is reasonable and necessary for the welfare of the
child;
(5) finding the diversion successful on the basis of
substantial compliance; or
(6) finding the diversion unsuccessful and:
(A) transferring the child to juvenile court for
alleged conduct indicating a need for supervision under Section
51.08, Family Code; or
(B) referring the charge to the prosecutor for
consideration of re-filing.
(d) An order under Subsection (c)(4) may not have the
substantive effect of interfering with a parent's fundamental right
to determine how to raise the parent's child, unless the court finds
that the interference is necessary to prevent significant
impairment of the child's physical, mental, or emotional health.
(e) An order under Subsection (c)(4) is enforceable against
the parent by contempt.
(f) The statute of limitations in Article 12.02(b) is tolled
during the diversion period for purposes of Subsection (c)(6)(B).
Art. 45A.512. LOCAL YOUTH DIVERSION ADMINISTRATIVE FEE.
(a) The clerk of a justice or municipal court may collect from a
child's parent a $50 administrative fee to defray the costs of the
diversion of the child's case under this subchapter.
(b) The fee under this article may not be collected unless
specified as a term of the diversion agreement accepted by the
child's parent. If the fee is not paid after giving the child's
parent an opportunity to be heard, the court shall order the parent,
if financially able, to pay the fee to the clerk of the court.
(c) A court shall waive the fee if the child's parent is
indigent or does not have sufficient resources or income to pay the
fee.
(d) A court may adopt rules for the waiver of a fee for
financial hardship under this article.
(e) An order under Subsection (b) is enforceable against the
parent by contempt.
(f) The clerk of the court shall keep a record of the fees
collected under this article and shall forward the funds to the
county treasurer, municipal treasurer, or person fulfilling the
role of a county treasurer or municipal treasurer, as appropriate.
(g) The fee collected under this article shall be deposited
in a special account that can be used only to offset the cost of the
operations of youth diversion programs under this subchapter.
(h) Except for the fee authorized under Subsection (a), a
fee may not be assessed for a child diverted under this subchapter.
(i) The diversion of a child may not be contingent on
payment of a fee under this article.
Art. 45A.513. DIVERSION RECORDS. (a) A justice or
municipal court shall maintain statistics for each diversion
strategy authorized by this subchapter.
(b) Other than statistical records, all records generated
under this subchapter are confidential under Article 45A.462.
(c) All records of a diversion pertaining to a child under
this subchapter shall be expunged without the requirement of a
motion or request, on the child's 18th birthday.
(b) Section 2, Chapter 525 (H.B. 3186), Acts of the 88th
Legislature, Regular Session, 2023, which added Subchapter E,
Chapter 45, Code of Criminal Procedure, is repealed.
SECTION 5.028. (a) Chapter 55A, Code of Criminal
Procedure, is amended to conform to Section 1, Chapter 543
(H.B. 3956), Acts of the 88th Legislature, Regular Session, 2023,
by adding Subchapter C-1 to read as follows:
SUBCHAPTER C-1. RECORDS AND FILES SUBJECT TO EXPUNCTION ORDER
Art. 55A.131. CERTAIN DNA RECORDS. For purposes of
Subchapters A, B, and C, records and files relating to an arrest
include:
(1) a DNA record created under Subchapter G, Chapter
411, Government Code;
(2) any record of the collection of the specimen from
which the DNA record was created; and
(3) any record of the transfer of the specimen to the
Department of Public Safety.
(b) Section 1, Chapter 543 (H.B. 3956), Acts of the 88th
Legislature, Regular Session, 2023, which added Article 55.01(e),
Code of Criminal Procedure, is repealed.
SECTION 5.029. (a) Article 55A.256(a), Code of Criminal
Procedure, is amended to conform to Section 12.006(a), Chapter 861
(H.B. 3474), Acts of the 88th Legislature, Regular Session, 2023,
to read as follows:
(a) A person who is entitled to the expunction of
information contained in records and files under Article 55A.006
may file an application for expunction with the attorney
representing the state in the prosecution of felonies in the county
in which:
(1) the person resides; or
(2) the offense was alleged to have occurred.
(b) Section 12.006(a), Chapter 861 (H.B. 3474), Acts of the
88th Legislature, Regular Session, 2023, which amended Section
2a(a), Article 55.02, Code of Criminal Procedure, is repealed.
SECTION 5.030. (a) Article 55A.351(a), Code of Criminal
Procedure, is amended to conform to Section 2, Chapter 543
(H.B. 3956), Acts of the 88th Legislature, Regular Session, 2023,
to read as follows:
(a) When an expunction order issued under Subchapter E or F
is final, the clerk of the court shall send a certified copy of the
order to the director of the Department of Public Safety for
purposes of Section 411.151, Government Code, to the Crime Records
Service of the department, [Department of Public Safety] and to
each official or agency or other governmental entity of this state
or of any political subdivision of this state named in the order.
(b) Section 2, Chapter 543 (H.B. 3956), Acts of the 88th
Legislature, Regular Session, 2023, which amended Section 3(c),
Article 55.02, Code of Criminal Procedure, is repealed.
SECTION 5.031. Article 63.00905(a), Code of Criminal
Procedure, as added by Chapter 979 (S.B. 2429), Acts of the 88th
Legislature, Regular Session, 2023, is repealed as duplicative of
Article 63.00905(a), Code of Criminal Procedure, as added by
Chapter 729 (H.B. 2660), Acts of the 88th Legislature, Regular
Session, 2023.
SECTION 5.032. Article 102.0171(c), Code of Criminal
Procedure, is amended to conform to Chapter 765 (H.B. 4504), Acts of
the 88th Legislature, Regular Session, 2023, to read as follows:
(c) The clerks of the respective courts shall collect the
fines and pay the fines to the county treasurer, municipal
treasurer, or to any other official who discharges the duties
commonly delegated to the county or municipal treasurer for deposit
in a fund to be known as the county juvenile delinquency prevention
fund or municipal juvenile delinquency prevention fund. A fund
designated by this subsection may be used only to:
(1) repair damage caused by the commission of offenses
under Section 28.08, Penal Code;
(2) provide educational and intervention programs and
materials, including printed educational materials for
distribution to primary and secondary school students, designed to
prevent individuals from committing offenses under Section 28.08,
Penal Code;
(3) provide to the public rewards for identifying and
aiding in the apprehension and prosecution of offenders who commit
offenses under Section 28.08, Penal Code;
(4) provide funding for teen recognition and teen
recreation programs;
(5) provide funding for local teen court programs;
(6) provide funding for the local juvenile probation
department;
(7) provide educational and intervention programs
designed to prevent juveniles from engaging in delinquent conduct;
and
(8) provide funding for youth diversion under
Subchapter K [E], Chapter 45A [45].
ARTICLE 6. CHANGES RELATING TO EDUCATION CODE
SECTION 6.001. Section 11.182(b), Education Code, is amended
to correct a reference to read as follows:
(b) A board of trustees may determine whether to use the
evaluation tool, except as required by Section 39A.002 [39.102(a)].
SECTION 6.002. Section 21.0444(a), Education Code, is
amended to conform to Chapter 765 (H.B. 4504), Acts of the 88th
Legislature, Regular Session, 2023, to read as follows:
(a) In this section, "first responder" means a person
elected, employed, or appointed as:
(1) a peace officer as defined by Article 2A.001
[2.12], Code of Criminal Procedure;
(2) fire protection personnel as defined by Section
419.021, Government Code; or
(3) emergency medical services personnel as defined by
Section 773.003, Health and Safety Code.
SECTION 6.003. Section 25.094(b), Education Code, is
amended to conform to Chapter 765 (H.B. 4504), Acts of the 88th
Legislature, Regular Session, 2023, to read as follows:
(b) A parent who fulfills the terms of an agreement
described by Subsection (a) not later than the 30th day after the
date on which the complaint was filed or within the period provided
by the agreement is entitled to dismissal of the complaint in
accordance with Article 45A.403(b) [45.0531(b)], Code of Criminal
Procedure.
SECTION 6.004. Section 33.021(d), Education Code, is
amended to correct a reference as follows:
(d) The standards adopted under Subsection (c) must:
(1) be reviewed and updated at least once every five
years; and
(2) include a collection development policy that:
(A) prohibits the possession, acquisition, and
purchase of:
(i) harmful material, as defined by Section
43.24, Penal Code;
(ii) library material rated sexually
explicit material by the selling library material vendor; or
(iii) library material that is pervasively
vulgar or educationally unsuitable as referenced in Board of
Education v. Pico [v. Board of Education], 457 U.S. 853 (1982);
(B) recognizes that obscene content is not
protected by the First Amendment to the United States Constitution;
(C) is required for all library materials
available for use or display, including material contained in
school libraries, classroom libraries, and online catalogs;
(D) recognizes that parents are the primary
decision makers regarding a student's access to library material;
(E) encourages schools to provide library
catalog transparency;
(F) recommends schools communicate effectively
with parents regarding collection development; and
(G) prohibits the removal of material based
solely on the:
(i) ideas contained in the material; or
(ii) personal background of:
(a) the author of the material; or
(b) characters in the material.
SECTION 6.005. Section 37.115(c), Education Code, as
amended by Chapters 896 (H.B. 3) and 948 (S.B. 1720), Acts of the
88th Legislature, Regular Session, 2023, is reenacted and amended
to read as follows:
(c) The board of trustees of each school district shall
establish a threat assessment and safe and supportive school team
to serve at each campus of the district and shall adopt policies and
procedures for the teams. The team is responsible for developing
and implementing the safe and supportive school program under
Subsection (b) at the district campus served by the team. The
policies and procedures adopted under this section must:
(1) be consistent with the model policies and
procedures developed by the Texas School Safety Center;
(2) require each team to complete training provided by
the Texas School Safety Center or a regional education service
center regarding evidence-based threat assessment programs;
(3) require each team established under this section
to report the information required under Subsection (k) regarding
the team's activities to the agency; [and]
(4) provide for:
(A) a district employee who reports a potential
threat to a team to elect for the employee's identity to be
confidential and not subject to disclosure under Chapter 552,
Government Code, except as necessary for the team, the district, or
law enforcement to investigate the potential threat; and
(B) the district to maintain a record of the
identity of a district employee who elects for the employee's
identity to be confidential under Paragraph (A); and
(5) [(4)] require each district campus to establish a
clear procedure for a student to report concerning behavior
exhibited by another student for assessment by the team or other
appropriate school employee.
SECTION 6.006. Section 15, Chapter 925 (S.B. 1566), Acts of
the 85th Legislature, Regular Session, 2017, which amended Section
39.102(a), Education Code, is repealed to conform to Section 5.017,
Chapter 915 (H.B. 3607), Acts of the 87th Legislature, Regular
Session, 2021.
ARTICLE 7. CHANGES RELATING TO FAMILY CODE
SECTION 7.001. Section 54.047(f), Family Code, as amended
by Chapter 1021 (H.B. 5183), Acts of the 88th Legislature, Regular
Session, 2023, is repealed to conform to the repeal of Section
54.047(f), Family Code, by Chapter 768 (H.B. 4595), Acts of the 88th
Legislature, Regular Session, 2023.
SECTION 7.002. Section 101.001(a), Family Code, is amended
to correct a reference to read as follows:
(a) Definitions in this chapter [subchapter] apply to this
title.
SECTION 7.003. Section 262.101(b), Family Code, as added by
Chapters 672 (H.B. 968) and 675 (H.B. 1087), Acts of the 88th
Legislature, Regular Session, 2023, is reenacted to read as
follows:
(b) The affidavit required by Subsection (a) must describe
with specificity in a separate section all reasonable efforts,
consistent with the circumstances and providing for the safety of
the child, that were made to prevent or eliminate the need for the
removal of the child.
SECTION 7.004. Section 262.105(c), Family Code, as added by
Chapters 672 (H.B. 968) and 675 (H.B. 1087), Acts of the 88th
Legislature, Regular Session, 2023, is reenacted to read as
follows:
(c) The affidavit required by Subsection (b) must describe
with specificity in a separate section all reasonable efforts,
consistent with the circumstances and providing for the safety of
the child, that were made to prevent or eliminate the need for the
removal of the child.
ARTICLE 8. CHANGES RELATING TO GOVERNMENT CODE
SECTION 8.001. Section 22.220(d), Government Code, is
amended to conform to Chapter 765 (H.B. 4504), Acts of the 88th
Legislature, Regular Session, 2023, to read as follows:
(d) The Court of Appeals for the Fifteenth Court of Appeals
District has exclusive intermediate appellate jurisdiction over
the following matters arising out of or related to a civil case:
(1) matters brought by or against the state or a board,
commission, department, office, or other agency in the executive
branch of the state government, including a university system or
institution of higher education as defined by Section 61.003,
Education Code, or by or against an officer or employee of the state
or a board, commission, department, office, or other agency in the
executive branch of the state government arising out of that
officer's or employee's official conduct, other than:
(A) a proceeding brought under the Family Code
and any related motion or proceeding;
(B) a proceeding brought under Chapter 7B or
Article 17.292, Code of Criminal Procedure;
(C) a proceeding brought against a district
attorney, a criminal district attorney, or a county attorney with
criminal jurisdiction;
(D) a proceeding relating to a mental health
commitment;
(E) a proceeding relating to civil asset
forfeiture;
(F) a condemnation proceeding for the
acquisition of land or a proceeding related to eminent domain;
(G) a proceeding brought under Chapter 101, Civil
Practice and Remedies Code;
(H) a claim of personal injury or wrongful death;
(I) a proceeding brought under Chapter 125, Civil
Practice and Remedies Code, to enjoin a common nuisance;
(J) a proceeding brought under Chapter 55A [55],
Code of Criminal Procedure;
(K) a proceeding under Chapter 22A, Government
Code;
(L) a proceeding brought under Subchapter E-1,
Chapter 411, Government Code;
(M) a proceeding brought under Chapter 21, Labor
Code;
(N) a removal action under Chapter 87, Local
Government Code; or
(O) a proceeding brought under Chapter 841,
Health and Safety Code;
(2) matters in which a party to the proceeding files a
petition, motion, or other pleading challenging the
constitutionality or validity of a state statute or rule and the
attorney general is a party to the case; and
(3) any other matter as provided by law.
SECTION 8.002. Section 30.000125(b), Government Code, is
amended to conform to Chapter 1545 (S.B. 1230), Acts of the 76th
Legislature, Regular Session, 1999, and Chapter 765 (H.B. 4504),
Acts of the 88th Legislature, Regular Session, 2023, to read as
follows:
(b) The seal's [appearance and] use must substantially
conform to Article 45A.052 [45.02], Code of Criminal Procedure.
The seal[, but] must include the phrase "Municipal Court of/in
__________, Texas."
SECTION 8.003. Section 30.000126, Government Code, is
amended to conform to Chapter 765 (H.B. 4504), Acts of the 88th
Legislature, Regular Session, 2023, to read as follows:
Sec. 30.000126. COMPLAINT; PLEADING. Complaints and
pleadings must substantially conform to the relevant provisions of
Chapters 27 and 45A [45], Code of Criminal Procedure.
SECTION 8.004. Section 30.007802(b), Government Code, is
amended to conform to Chapter 1545 (S.B. 1230), Acts of the 76th
Legislature, Regular Session, 1999, and Chapter 765 (H.B. 4504),
Acts of the 88th Legislature, Regular Session, 2023, to read as
follows:
(b) Complaints must comply with Article 45A.101 [45.17],
Code of Criminal Procedure.
SECTION 8.005. Section 54.2811(a), Government Code, is
amended to conform to Chapter 765 (H.B. 4504), Acts of the 88th
Legislature, Regular Session, 2023, to read as follows:
(a) A district court judge with jurisdiction in Denton
County, the judge of a criminal statutory county court of Denton
County, or the judge of the juvenile court of Denton County may
refer to the criminal law magistrate court the following matters in
a criminal case:
(1) a negotiated plea of guilty or no contest before
the court;
(2) a bond forfeiture, remittitur, and related
proceedings;
(3) a pretrial motion;
(4) a writ of habeas corpus;
(5) an examining trial;
(6) jury selection;
(7) an occupational driver's license;
(8) a waiver of extradition or a related matter under
Chapter 51, Code of Criminal Procedure;
(9) the issuance of search warrants, including a
search warrant under Article 18.02(a)(10), Code of Criminal
Procedure, notwithstanding Article 18.01(c), Code of Criminal
Procedure;
(10) a petition for an order of expunction under
Chapter 55A [55], Code of Criminal Procedure;
(11) an asset forfeiture hearing as provided by
Chapter 59, Code of Criminal Procedure;
(12) a civil commitment matter under Subtitle C, Title
7, Health and Safety Code;
(13) setting, adjusting, or revoking bond;
(14) the conduct of initial juvenile detention
hearings or any other matter in a juvenile case if referred by the
judge of the juvenile court of the county and approved by the Denton
County Juvenile Board; and
(15) any other matter the judge considers necessary
and proper.
SECTION 8.006. Section 71.035(a), Government Code, as
amended by Chapters 486 (H.B. 841) and 677 (H.B. 1182), Acts of the
88th Legislature, Regular Session, 2023, is reenacted to read as
follows:
(a) The council shall gather judicial statistics and other
pertinent information, including for each trial court in this state
monthly court activity statistics and case-level information on the
amount and character of the business transacted by the court, from
the several state judges and other court officials of this state.
The monthly information gathered by the council for each trial
court in a county with a population of at least one million must
include, but is not limited to:
(1) the number of cases assigned to the court;
(2) the case clearance rate for the court;
(3) the number of cases disposed by the court;
(4) the number of jury panels empaneled for the court;
(5) the number of orders of continuance for an
attorney before the court or by the court;
(6) the number of pleas accepted by the court;
(7) the number of cases tried by the judge of the court
or before a jury; and
(8) the number of cases tried before a visiting or
associate judge of the court.
SECTION 8.007. Section 79.014(a), Government Code, is
amended to conform to Chapter 765 (H.B. 4504), Acts of the 88th
Legislature, Regular Session, 2023, to read as follows:
(a) The governor shall appoint with the advice and consent
of the senate seven members of the board as follows:
(1) one member who is a district judge serving as a
presiding judge of an administrative judicial region;
(2) one member who is a judge of a constitutional
county court or who is a county commissioner;
(3) one member who is a practicing criminal defense
attorney;
(4) one member who is a chief public defender in this
state;
(5) one member who is a judge of a constitutional
county court or who is a county commissioner of a county with a
population of 250,000 or more;
(6) one member who is either:
(A) a director of a managed assigned counsel
program in this state; or
(B) a person who has a demonstrated expertise in
indigent defense issues; and
(7) one member who is a justice of the peace, municipal
court judge, or appointed magistrate under Article 2A.151 [2.09],
Code of Criminal Procedure, whose regular duties include presiding
over hearings under Article 15.17, Code of Criminal Procedure.
SECTION 8.008. Section 402.028(c), Government Code, is
amended to conform to Chapter 765 (H.B. 4504), Acts of the 88th
Legislature, Regular Session, 2023, to read as follows:
(c) Nothing in this section shall prohibit an assistant
attorney general from performing duties as an attorney representing
the state under a temporary appointment described by [as attorney
pro tem under the provisions of] Article 2A.104, Code of Criminal
Procedure.
SECTION 8.009. Section 403.606, Government Code, is amended
to conform to Chapter 768 (H.B. 4595), Acts of the 88th Legislature,
Regular Session, 2023, to read as follows:
Sec. 403.606. CERTAIN PERSONS INELIGIBLE. A person is not
eligible to submit an application to the comptroller or enter into
an agreement under this subchapter if the person is a company that
is listed as ineligible to receive a state contract or investment
under Chapter 808, 809, 2270, 2271, [or] 2274, 2275, or 2276 [as
added by Chapters 529 (S.B. 13), 530 (S.B. 19), and 975 (S.B. 2116),
Acts of the 87th Legislature, Regular Session, 2021].
SECTION 8.010. (a) Section 411.1106(b), Government Code,
as amended by Chapters 871 (H.B. 4123) and 1089 (S.B. 1192), Acts of
the 88th Legislature, Regular Session, 2023, is reenacted, amended
to correct a typographical error, and further amended to conform to
Chapter 769 (H.B. 4611), Acts of the 88th Legislature, Regular
Session, 2023, to read as follows:
(b) The commission is entitled to obtain criminal history
record information as provided by Subsection (b-1) that relates to
a person who is required to be fingerprinted and is:
(1) an applicant for an employment or volunteer
position or an applicant for a contract with the commission in which
the person, as an employee, volunteer, or contractor, as [an]
applicable, would have access to sensitive personal or financial
information, as determined by the executive commissioner, in:
(A) the eligibility services division of the
commission as established under Section 523.0151 [531.008];
(B) the commission's office of inspector general
as established by Section 523.0151 [531.008] and Subchapter C,
Chapter 544 [531]; or
(C) the regulatory services division of the
commission as established under Section 523.0151 [531.008]; or
(2) an employee, volunteer, or contractor of the
commission who has access to sensitive personal or financial
information, as determined by the executive commissioner.
(b) Section 411.1106(b-1), Government Code, as added by
Chapter 1089 (S.B. 1192), Acts of the 88th Legislature, Regular
Session, 2023, is repealed as duplicative of Section 411.1106(b-1),
Government Code, as added by Chapter 871 (H.B. 4123), Acts of the
88th Legislature, Regular Session, 2023.
(c) Section 411.1106(c-1), Government Code, as added by
Chapter 1089 (S.B. 1192), Acts of the 88th Legislature, Regular
Session, 2023, is repealed as duplicative of Section 411.1106(c),
Government Code, as amended by Chapter 871 (H.B. 4123), Acts of the
88th Legislature, Regular Session, 2023.
SECTION 8.011. Section 411.11061(a), Government Code, is
amended to conform to Chapter 769 (H.B. 4611), Acts of the 88th
Legislature, Regular Session, 2023, to read as follows:
(a) In this section, "residential caregiver" has the
meaning assigned by Section 532.0157 [531.02485].
SECTION 8.012. Section 411.1355(d), Government Code, is
amended to conform to Chapter 765 (H.B. 4504), Acts of the 88th
Legislature, Regular Session, 2023, to read as follows:
(d) The department shall permit a person whose name is
included in the database established under this section to petition
the department for removal of the person's name from the database,
and the department shall remove the person's name from the database
in response to the petition if:
(1) an order of expunction is issued under Chapter 55A
[55], Code of Criminal Procedure, with respect to one of the
offenses described by Subsection (a), unless the person has been
convicted three or more times of an offense described by that
subsection; or
(2) during the seven-year period preceding the date of
the petition, the person is not convicted of an offense described by
Subsection (a).
SECTION 8.013. Section 411.151(a), Government Code, is
amended to conform to Chapter 765 (H.B. 4504), Acts of the 88th
Legislature, Regular Session, 2023, to read as follows:
(a) The director shall expunge a DNA record of an individual
from a DNA database if:
(1) the director receives:
(A) an order of expunction under Subchapter E or
F, Chapter 55A [Article 55.02], Code of Criminal Procedure; or
(B) a request from a court under Section
411.1471(e); or
(2) the person provides the director with a certified
copy of a court order issued under Subchapter C-1, Chapter 58,
Family Code, that seals the juvenile record of the adjudication
that resulted in the DNA record.
SECTION 8.014. Section 411.187(c), Government Code, is
amended to correct references to read as follows:
(c) The department shall suspend a license under this
section:
(1) for 30 days, if the person's license is subject to
suspension for a reason listed in Subsection (a)(2), (3), or (4),
except as provided by Subdivision (2);
(2) for not less than one year and not more than three
years, if the person's license:
(A) is subject to suspension for a reason listed
in Subsection (a), other than the reason listed in Subsection
(a)(1); and
(B) has been previously suspended for the same
reason;
(3) until dismissal of the charges, if the person's
license is subject to suspension for the reason listed in
Subsection (a)(1); or
(4) for the duration of or the period specified by:
(A) the protective order issued under Title 4,
Family Code, if the person's license is subject to suspension for
the reason listed in Subsection (a)(3) [(a)(5)]; or
(B) the order for emergency protection issued
under Article 17.292, Code of Criminal Procedure, if the person's
license is subject to suspension for the reason listed in
Subsection (a)(4) [(a)(6)].
SECTION 8.015. Section 420.008(b), Government Code, as
amended by Chapters 190 (H.B. 3345) and 858 (H.B. 3461), Acts of the
88th Legislature, Regular Session, 2023, is reenacted and amended
to read as follows:
(b) The fund consists of:
(1) fees and fines collected under:
(A) Article 42A.653(a), Code of Criminal
Procedure;
(B) Section 508.189, Government Code; and
(C) Subchapter B, Chapter 102, Business &
Commerce Code, and deposited under Section 102.054 of that code;
(2) administrative penalties collected under Section
51.258, Education Code; [and]
(3) amounts allocated under Section 183.054, Tax Code;
and
(4) [(3)] interest and other earnings on money in the
fund.
SECTION 8.016. Section 425.001(4), Government Code, is
amended to conform to Chapter 709 (H.B. 2190), Acts of the 88th
Legislature, Regular Session, 2023, to read as follows:
(4) "Violent incident" means an incident involving a
peace officer that occurs while the officer is performing official
duties and that poses a substantial risk of serious harm to the
officer's mental health or well-being, including responding to a
homicide, suicide, or fatal motor vehicle collision [accident].
SECTION 8.017. (a) Section 521.0001(7), Government Code,
as effective April 1, 2025, is amended to conform to Section 1,
Chapter 840 (H.B. 2727), Acts of the 88th Legislature, Regular
Session, 2023, to read as follows:
(7) "Home telemonitoring service" means a health
service that requires scheduled remote monitoring of data related
to a patient's health and transmission of the data to a licensed
home and community support services agency, a federally qualified
health center, a rural health clinic, or a hospital, as those terms
are defined by Section 548.0251. The term is synonymous with
"remote patient monitoring."
(b) Section 1, Chapter 840 (H.B. 2727), Acts of the 88th
Legislature, Regular Session, 2023, which amended Section
531.001(4-a), Government Code, is repealed.
SECTION 8.018. Section 531.0045, Government Code, is
transferred to Subchapter A, Chapter 523, Government Code, as
effective April 1, 2025, redesignated as Section 523.00031,
Government Code, and amended to read as follows:
Sec. 523.00031 [531.0045]. LIMIT ON SUNSET REVIEW. The
Sunset Advisory Commission's review of the commission [Health and
Human Services Commission] under Chapter 325 (Texas Sunset Act)
during the period in which state agencies abolished in 2027 are
reviewed may not include a review of the family support services
programs transferred to the commission under Chapter 137, Human
Resources Code, or the Thriving Texas Families Program established
under Chapter 54, Health and Safety Code. This section expires
September 1, 2027.
SECTION 8.019. (a) Subchapter Y, Chapter 531, Government
Code, is transferred to Chapter 523, Government Code, as effective
April 1, 2025, redesignated as Subchapter H, Chapter 523,
Government Code, amended to conform to Chapter 769 (H.B. 4611),
Acts of the 88th Legislature, Regular Session, 2023, and further
amended to read as follows:
SUBCHAPTER H [Y]. COMMISSION OMBUDSMAN PROGRAMS
Sec. 523.0351 [531.991]. DEFINITIONS. In this subchapter:
(1) "Department" means the Department of Family and
Protective Services.
(2) "Ombudsman" means the individual appointed as the
ombudsman for an ombudsman program.
(3) "Ombudsman program" means an ombudsman program
administered by the commission under this subchapter.
Sec. 523.0352 [531.9912]. ESTABLISHMENT OF OMBUDSMAN
PROGRAMS. The executive commissioner shall establish the following
ombudsman programs:
(1) the health and human services office of the
ombudsman in accordance with Section 523.0353 [531.9915];
(2) the ombudsman for children and youth in foster
care in accordance with Section 523.0357 [531.9931];
(3) the ombudsman for managed care assistance in
accordance with Section 523.0358 [531.9932];
(4) the ombudsman for behavioral health access to care
in accordance with Section 523.0359 [531.9933]; and
(5) the ombudsman for individuals with an intellectual
or developmental disability in accordance with Section 523.0360
[531.9934].
Sec. 523.0353 [531.9915]. OFFICE OF OMBUDSMAN. (a) The
executive commissioner shall establish the commission's office of
the ombudsman with authority and responsibility over the health and
human services system in performing the following functions:
(1) providing dispute resolution services for the
health and human services system;
(2) performing consumer protection and advocacy
functions related to health and human services, including assisting
a consumer or other interested person with:
(A) raising a matter within the health and human
services system that the person feels is being ignored; and
(B) obtaining information regarding a filed
complaint; and
(3) collecting inquiry and complaint data related to
the health and human services system.
(b) The office of the ombudsman does not have the authority
to provide a separate process for resolving complaints or appeals.
(c) The executive commissioner shall develop a standard
process for tracking and reporting received inquiries and
complaints within the health and human services system. The
process must provide for the centralized tracking of inquiries and
complaints submitted to field, regional, or other local health and
human services system offices.
(d) Using the process developed under Subsection (c), the
office of the ombudsman shall collect inquiry and complaint data
from all offices, agencies, divisions, and other entities within
the health and human services system. To assist with the collection
of data under this subsection, the office may access any system or
process for recording inquiries and complaints used or maintained
within the health and human services system.
Sec. 523.0354 [531.992]. APPOINTMENT OF OMBUDSMAN. The
executive commissioner shall appoint an ombudsman for each
ombudsman program to serve at the will of the executive
commissioner.
Sec. 523.0355 [531.9921]. CONFLICT OF INTEREST. An
individual [A person] may not serve as ombudsman in an ombudsman
program if the individual [person] or the individual's [person's]
spouse:
(1) is employed by or participates in the management
of a business entity or other organization receiving funds from the
commission;
(2) owns or controls, directly or indirectly, any
interest in a business entity or other organization receiving funds
from the commission; or
(3) is required to register as a lobbyist under
Chapter 305 because of the individual's [person's] activities for
compensation on behalf of a profession related to the commission's
operation [of the commission].
Sec. 523.0356 [531.993]. DUTIES OF OMBUDSMAN. (a) An
ombudsman serves as an impartial party in assisting:
(1) children and youth in the conservatorship of the
department with complaints regarding issues within the authority of
the commission or department, as applicable; and
(2) persons with a complaint against the commission
regarding case-specific activities of the programs within the
health and human services system.
(b) An ombudsman shall:
(1) develop and implement statewide procedures to:
(A) receive complaints from:
(i) children and youth in the
conservatorship of the department; and
(ii) other persons with a complaint against
a program within the health and human services system;
(B) review complaints filed with an ombudsman and
take appropriate action, including:
(i) conducting an investigation into
individual complaints that allege violations of commission or
department procedures or policies or other violations; and
(ii) referring to the commission or
department for resolution any trends or systemic issues identified
in complaints;
(C) provide any necessary assistance to:
(i) children and youth in the
conservatorship of the department in making complaints and
reporting allegations of abuse, neglect, or exploitation under
Chapter 48, Human Resources Code; and
(ii) any other person in making complaints
against a program within the health and human services system or
reporting allegations of abuse, neglect, or exploitation under
Chapter 48, Human Resources Code;
(D) maintain the confidentiality of:
(i) an ombudsman's communications and
records;
(ii) records of another person [that have
been] provided to an ombudsman; and
(iii) communications of another person with
an ombudsman; and
(E) ensure that any person who files a complaint
with an ombudsman is informed of the results of the ombudsman's
investigation of the complaint, including whether the ombudsman was
able to substantiate the complaint;
(2) collaborate with the commission to develop and
implement an annual outreach plan to promote awareness of the
ombudsman programs among the public and stakeholders that includes:
(A) how an ombudsman may be contacted;
(B) the purpose of an ombudsman; and
(C) the services an ombudsman provides;
(3) issue and file with the commission or department,
as applicable, a report that contains an ombudsman's final
determination regarding a complaint and any recommended corrective
actions to be taken as a result of the complaint;
(4) establish a secure form of communication with any
individual who files a complaint with an ombudsman;
(5) collaborate with the commission or department, as
applicable, to identify consequences for any retaliatory action
related to a complaint filed with an ombudsman, in accordance with
Section 523.0364 [531.997]; and
(6) monitor and evaluate the corrective actions taken
in response to an ombudsman's [a] recommendation [by an ombudsman].
(c) An ombudsman's final determination in a report
described by Subsection (b)(3) must include a determination of
whether there was wrongdoing or negligence by the commission or
department or an agent of the commission or department or whether
the complaint was frivolous or without merit. If the ombudsman
determines there was wrongdoing or negligence, the ombudsman shall
recommend corrective actions to be taken by the commission or
department.
(d) [(c-1)] The department and the commission shall provide
written notice to an ombudsman on whether the department or
commission adopted or rejected the ombudsman's recommended
corrective action. If the department or commission rejects a
recommended corrective action, the department or commission shall
include in the notice the reason for the rejection.
(e) [(d)] An ombudsman may attend any judicial proceeding
related to a complaint filed with the ombudsman program.
Sec. 523.0357 [531.9931]. OMBUDSMAN FOR CHILDREN AND YOUTH
IN FOSTER CARE. (a) The commission shall establish an ombudsman
program to provide support and information services to children and
youth in foster care.
(b) An ombudsman appointed under this section shall:
(1) receive complaints from children and youth in the
conservatorship of the department as provided under Section
523.0356(b)(1)(A)(i) [531.993(b)(1)(A)(i)];
(2) inform children and youth in the conservatorship
of the department who file a complaint under this subchapter about
the result of an ombudsman's investigation of the complaint,
including whether the ombudsman was able to substantiate the
child's or youth's complaint; and
(3) collaborate with the department to develop an
outreach plan for children and youth in the conservatorship of the
department to promote awareness of the ombudsman program.
Sec. 523.0358 [531.9932]. OMBUDSMAN FOR MANAGED CARE
ASSISTANCE. (a) The commission shall establish an ombudsman
program to provide support and information services to an
individual [a person] enrolled in or applying for Medicaid coverage
who experiences barriers to receiving health care services.
(b) An ombudsman appointed under this section shall give
emphasis to assisting an individual [a person] with an urgent or
immediate medical or support need.
(c) The commission shall provide support and information
services required by this section through a network of entities
coordinated by the commission's ombudsman program and composed of:
(1) the commission's ombudsman program or other
division of the commission designated by the executive commissioner
to coordinate the network;
(2) the office of the state long-term care ombudsman
required under Subchapter F, Chapter 101A, Human Resources Code;
(3) the division within the commission responsible for
oversight of Medicaid managed care contracts;
(4) area agencies on aging;
(5) aging and disability resource centers established
under the Aging and Disability Resource Center initiative funded in
part by the federal Administration on Aging and the Centers for
Medicare and Medicaid Services; and
(6) any other entity the executive commissioner
determines appropriate.
(d) As a part of the support and information services
required by this section, the ombudsman program shall:
(1) operate a statewide toll-free assistance
telephone number that includes relay services for individuals
[persons] with speech or hearing disabilities and assistance for
individuals [persons] who speak Spanish;
(2) intervene promptly with the state Medicaid office,
Medicaid managed care organizations and providers, and any other
appropriate entity on behalf of an individual [a person] who has an
urgent need for medical services;
(3) assist an individual [a person] who is
experiencing barriers in the Medicaid application and enrollment
process and refer the individual [person] for further assistance if
appropriate;
(4) educate individuals [persons] so that they:
(A) understand the concept of managed care;
(B) understand their rights under Medicaid,
including grievance and appeal procedures; and
(C) are able to advocate for themselves;
(5) assist the state Medicaid office and Medicaid
managed care organizations and providers in identifying and
correcting problems, including site visits to affected regions if
necessary;
(6) meet the needs of all current and future Medicaid
managed care recipients, including children receiving dental
benefits;
(7) incorporate support services for children
enrolled in the child health plan program established under Chapter
62, Health and Safety Code; and
(8) ensure that staff providing support and
information services receive [receives] sufficient training,
including training in the Medicare program for the purpose of
assisting recipients who are dually eligible for Medicare and
Medicaid, and have [has] sufficient authority to resolve barriers
experienced by recipients to health care and long-term services and
supports.
(e) The ombudsman program must be sufficiently independent
from other aspects of Medicaid managed care to represent the best
interests of recipients in problem resolution.
Sec. 523.0359 [531.9933]. OMBUDSMAN FOR BEHAVIORAL HEALTH
ACCESS TO CARE. (a) The commission shall establish an ombudsman
program to provide support and information services to a consumer
enrolled in or applying for a behavioral health program.
(b) The commission may use an alternate title for the
ombudsman in consumer-facing materials if the commission
determines that an alternate title would be beneficial to consumer
understanding or access.
(c) An ombudsman serves as an impartial party to help
consumers, including consumers who are uninsured or have public or
private health benefit coverage, and behavioral health care
providers navigate and resolve issues related to consumer access to
behavioral health care, including care for mental health conditions
and substance use disorders.
(d) An ombudsman shall:
(1) interact with consumers and behavioral health care
providers regarding [with] concerns or complaints to help the
consumers and providers resolve behavioral health care access
issues;
(2) identify, track, and help report potential
violations of state or federal rules, regulations, or statutes
concerning the availability of, and terms and conditions of,
benefits for mental health conditions or substance use disorders,
including potential violations related to quantitative and
nonquantitative treatment limitations;
(3) report concerns, complaints, and potential
violations described by Subdivision (2) to the appropriate
regulatory or oversight agency;
(4) receive and report concerns and complaints
relating to inappropriate care or mental health commitment;
(5) provide appropriate information to help consumers
obtain behavioral health care;
(6) develop appropriate points of contact for
referrals to other state and federal agencies; and
(7) provide appropriate information to help consumers
or providers file appeals or complaints with the appropriate
entities, including insurers and other state and federal agencies.
(e) The Texas Department of Insurance shall appoint a
liaison to an ombudsman to receive reports of concerns, complaints,
and potential violations described by Subsection (d)(2) from an
ombudsman, consumers, or behavioral health care providers.
Sec. 523.0360 [531.9934]. OMBUDSMAN FOR INDIVIDUALS WITH
AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY. The executive
commissioner shall appoint an ombudsman to assist a client, or a
person acting on behalf of an individual with an intellectual or
developmental disability or a group of individuals with an
intellectual or developmental disability, with a complaint or
grievance regarding the infringement of the rights of an individual
with an intellectual or developmental disability or the delivery of
intellectual disability services submitted under Section 592.039,
Health and Safety Code.
Sec. 523.0361 [531.994]. INVESTIGATION OF UNREPORTED
COMPLAINTS. If, during the investigation of a complaint, an
ombudsman discovers unreported violations of the commission's or
department's rules and policies, the ombudsman shall open a new
investigation for each unreported violation.
Sec. 523.0362 [531.995]. ACCESS TO INFORMATION. The
commission and department shall provide an ombudsman access to the
records that relate to a complaint the ombudsman is reviewing or
investigating.
Sec. 523.0363 [531.996]. COMMUNICATION AND
CONFIDENTIALITY. (a) A person may communicate with an ombudsman
relating to a complaint by telephone, by mail, by electronic mail,
or by any other means the ombudsman determines to be feasible,
secure, and accessible.
(b) A communication with an ombudsman is confidential
during an investigation or review of a complaint and remains
confidential after the complaint is resolved.
(c) The records of an ombudsman are confidential and must be
maintained in a manner that preserves the confidentiality of the
records.
(d) The disclosure of confidential information to an
ombudsman under this subchapter does not constitute a waiver of
confidentiality. Any information disclosed to the ombudsman under
this subchapter remains confidential and privileged following
disclosure.
(e) An ombudsman is not prohibited from communicating with
the commission or department regarding confidential information
disclosed to the ombudsman.
(f) An ombudsman may make reports relating to an
investigation of a complaint public after the complaint is
resolved. A report may not include information that identifies an
individual complainant, client, parent, or employee or any other
person involved in the complaint.
Sec. 523.0364 [531.997]. RETALIATION PROHIBITED. The
commission or department may not retaliate against an employee of
the commission or department, as applicable, or any other person
who in good faith makes a complaint to an ombudsman or against any
person who cooperates with the ombudsman in an investigation.
Sec. 523.0365 [531.998]. REPORT. (a) Each ombudsman shall
prepare an annual report that contains:
(1) a description of the ombudsman's work;
(2) any change made by the commission or department in
response to a substantiated complaint;
(3) a description of any trends in the nature of
complaints received by the ombudsman or any systemic issues
identified by the ombudsman in the investigation of individual
complaints, any recommendations related to addressing those trends
and issues, and an evaluation of the feasibility of the ombudsman's
recommendations;
(4) a glossary of terms used in the report;
(5) a description of the methods used to promote
awareness of the ombudsman under Section 523.0356(b) [531.993(b)]
and the ombudsman's promotion plan for the next year; and
(6) any public feedback received by the ombudsman
relating to the ombudsman's previous annual reports.
(b) Each report must be submitted to the governor, the
lieutenant governor, each standing committee of the legislature
with jurisdiction over matters involving the commission, each
member of the legislature, and the executive commissioner not later
than December 1 of each year. On receipt of the report, the
commission shall make the report publicly available on the
commission's Internet website.
(b) Section 523.0255, Government Code, as effective April
1, 2025, is repealed to conform to the transfer and redesignation of
Section 531.0171, Government Code, by Section 5, Chapter 741 (H.B.
3462), Acts of the 88th Legislature, Regular Session, 2023.
(c) Section 532.0303, Government Code, as effective April
1, 2025, is repealed to conform to the transfer and redesignation of
Section 531.0213, Government Code, by Section 10, Chapter 741 (H.B.
3462), Acts of the 88th Legislature, Regular Session, 2023.
(d) Section 547.0002, Government Code, as effective April
1, 2025, is repealed to conform to the transfer and redesignation of
Section 531.02251, Government Code, by Section 11, Chapter 741
(H.B. 3462), Acts of the 88th Legislature, Regular Session, 2023.
SECTION 8.020. (a) Section 525.0052(b), Government Code,
as effective April 1, 2025, is amended to conform to Section 2,
Chapter 1147 (S.B. 956), Acts of the 88th Legislature, Regular
Session, 2023, to read as follows:
(b) The executive commissioner shall:
(1) establish a federal money management system to
coordinate and monitor the use of federal money health and human
services agencies receive to ensure that the money is spent in the
most efficient manner;
(2) establish priorities for health and human services
agencies' use of federal money [in coordination with the
coordinated strategic plan the executive commissioner develops
under Section 525.0154];
(3) coordinate and monitor the use of federal money
for health and human services to ensure that the money is spent in
the most cost-effective manner throughout the health and human
services system;
(4) review and approve all federal funding plans for
health and human services in this state;
(5) estimate available federal money, including
earned federal money, and monitor unspent money;
(6) ensure that the state meets federal requirements
relating to receipt of federal money for health and human services,
including requirements relating to state matching money and
maintenance of effort;
(7) transfer appropriated amounts as described by
Section 525.0053; and
(8) ensure that each governmental entity that
coordinates the delivery of health and human services in regions,
counties, and municipalities of this state [the executive
commissioner identifies under Section 525.0155] has access to
complete and timely information about all sources of federal money
for health and human services programs and that technical
assistance is available to governmental entities seeking grants of
federal money to provide health and human services.
(b) Section 2, Chapter 1147 (S.B. 956), Acts of the 88th
Legislature, Regular Session, 2023, which amended Section
531.028(b), Government Code, is repealed.
SECTION 8.021. (a) Section 525.0151, Government Code, as
effective April 1, 2025, is amended to conform to Section 1, Chapter
1147 (S.B. 956), Acts of the 88th Legislature, Regular Session,
2023, to read as follows:
Sec. 525.0151. PLANNING AND DELIVERY OF HEALTH AND HUMAN
SERVICES GENERALLY. The executive commissioner shall:
(1) facilitate and enforce coordinated planning and
delivery of health and human services, including:
(A) [compliance with the coordinated strategic
plan;
[(B)] colocation of services;
(B) [(C)] integrated intake; and
(C) [(D)] coordinated referral and case
management;
(2) establish and enforce uniform regional boundaries
for all health and human services agencies;
(3) carry out statewide health and human services
needs surveys and forecasting;
(4) perform independent special-outcome evaluations
of health and human services programs and activities; and
(5) on request of a governmental entity that
coordinates the delivery of health and human services in regions,
counties, and municipalities of this state [the executive
commissioner identifies under Section 525.0155], assist the entity
in implementing a coordinated plan that:
(A) may include colocation of services,
integrated intake, and coordinated referral and case management;
and
(B) is tailored to the entity's needs and
priorities.
(b) Section 1, Chapter 1147 (S.B. 956), Acts of the 88th
Legislature, Regular Session, 2023, which amended Section
531.024(a), Government Code, is repealed.
SECTION 8.022. Sections 525.0154 and 525.0155, Government
Code, as effective April 1, 2025, are repealed to conform to the
repeal of Section 531.022, Government Code, by Section 6, Chapter
1147 (S.B. 956), Acts of the 88th Legislature, Regular Session,
2023.
SECTION 8.023. Subchapter L, Chapter 526, Government Code,
as effective April 1, 2025, is repealed to conform to Section 6,
Chapter 1033 (S.B. 24), Acts of the 88th Legislature, Regular
Session, 2023, which transferred and redesignated Subchapter X,
Chapter 531, Government Code.
SECTION 8.024. Section 531.0932, Government Code, is
transferred to Subchapter M, Chapter 526, Government Code, as
effective April 1, 2025, redesignated as Section 526.0604,
Government Code, and amended to conform to Chapter 769 (H.B. 4611),
Acts of the 88th Legislature, Regular Session, 2023, to read as
follows:
Sec. 526.0604 [531.0932]. INSTRUCTION GUIDE FOR FAMILY
MEMBERS AND CAREGIVERS OF VETERANS WHO HAVE MENTAL HEALTH
DISORDERS. (a) The commission and the Texas Veterans Commission
jointly shall produce and make publicly available an instruction
guide for family members and caregivers of veterans who have mental
health disorders.
(b) The instruction guide produced under this section must
include:
(1) general education about different mental health
disorders, including instruction intended to improve understanding
about the experience of individuals [persons] suffering from those
mental health disorders;
(2) techniques for handling crisis situations and
administering mental health first aid to individuals [persons]
suffering from mental health disorders;
(3) techniques for coping with the stress of living
with an individual [a person] with a mental health disorder; and
(4) information about related services available for
family members and caregivers of veterans who have mental health
disorders that are provided by the commission, the Texas Veterans
Commission, other state agencies, community organizations, and
mental health services providers.
(c) The commission and the Texas Veterans Commission each
shall publish the guide produced under this section on the
respective agency's Internet website.
SECTION 8.025. Subchapter M-2, Chapter 531, Government
Code, as added by Chapter 484 (H.B. 728), Acts of the 88th
Legislature, Regular Session, 2023, is transferred to Chapter 526,
Government Code, as effective April 1, 2025, redesignated as
Subchapter Q, Chapter 526, Government Code, and amended to conform
to Chapter 769 (H.B. 4611), Acts of the 88th Legislature, Regular
Session, 2023, to read as follows:
SUBCHAPTER Q [M-2]. STATEWIDE INTERAGENCY AGING SERVICES
COORDINATING COUNCIL
Sec. 526.0801 [531.491]. DEFINITIONS. In this subchapter:
(1) "Council" means the statewide interagency aging
services coordinating council.
(2) "Strategic plan" means the statewide interagency
aging services strategic plan required under Section 526.0807(1)
[531.497(1)].
Sec. 526.0802 [531.492]. PURPOSE. The council is
established to ensure a strategic statewide approach to interagency
aging services.
Sec. 526.0803 [531.493]. COMPOSITION OF COUNCIL. (a)
Subject to Subsection (b), the council is composed of at least one
representative appointed by each of the following agencies and
entities:
(1) the governor's office;
(2) the commission, including one representative of
the commission's aging services coordination office;
(3) the Department of Family and Protective Services;
(4) the Department of State Health Services;
(5) the Department of Agriculture's office of rural
health;
(6) the Texas Veterans Commission;
(7) the Texas Workforce Commission;
(8) the office of the attorney general;
(9) the Barshop Institute for Longevity and Aging
Studies at The University of Texas Health Science Center at San
Antonio;
(10) the Texas Aging and Longevity Consortium at The
University of Texas at Austin; and
(11) the Center for Community Health and Aging at
Texas A&M University.
(b) The executive commissioner shall determine the number
of representatives that each agency or entity may appoint to serve
on the council.
(c) The council may authorize another state agency or entity
that provides specific interagency aging services with the use of
appropriated money to appoint a representative to the council.
(d) A council member serves at the pleasure of the
appointing agency or entity.
Sec. 526.0804 [531.494]. TERMS; VACANCY. (a) Council
members serve six-year terms.
(b) A vacancy on the council shall be filled in the same
manner as the original appointment. A council member appointed to
fill a vacancy on the council shall serve the remainder of the
unexpired term.
Sec. 526.0805 [531.495]. PRESIDING OFFICER. The
representative of the commission's aging services coordination
office appointed under Section 526.0803(a) [531.493(a)] shall
serve as the presiding officer.
Sec. 526.0806 [531.496]. MEETINGS. The council shall meet
at least once quarterly or more frequently at the call of the
presiding officer.
Sec. 526.0807 [531.497]. POWERS AND DUTIES. The council:
(1) shall, in accordance with Section 526.0808
[531.498]:
(A) develop a recurring five-year statewide
interagency aging services strategic plan; and
(B) submit the strategic plan to the executive
commissioner and the administrative head of each agency subject to
the strategic plan;
(2) shall develop and, not later than November 1 of
each even-numbered year, submit to the legislature a biennial
coordinated statewide interagency aging services expenditure
proposal;
(3) shall annually publish an updated inventory of
state-funded interagency aging programs and services that includes
a description of how those programs and services further the
purpose of the statewide interagency aging services strategic plan;
(4) may facilitate opportunities to increase
collaboration for the effective expenditure of available federal
and state money for interagency aging services in this state; and
(5) may establish subcommittees as necessary to carry
out the council's duties under this subchapter.
Sec. 526.0808 [531.498]. RECURRING FIVE-YEAR STRATEGIC
PLAN AND RELATED IMPLEMENTATION PLANS. (a) Not later than March 1
of the last state fiscal year in each five-year period covered by
the most recent strategic plan, the council shall:
(1) develop a new strategic plan for the next five
state fiscal years that begins with the following fiscal year; and
(2) submit the new strategic plan to the executive
commissioner and the administrative head of each agency subject to
the strategic plan.
(b) Not later than the 90th day after receiving the
strategic plan, the executive commissioner and the administrative
head of each agency that is subject to the plan shall develop and
submit to the governor, the lieutenant governor, and the
legislature a plan for implementing the recommendations applicable
to the agency under the strategic plan. An implementation plan must
include a justification for any recommendation the commission or
other agency declines to implement.
Sec. 526.0809 [531.499]. APPLICATION OF SUNSET ACT. The
council is subject to Chapter 325 (Texas Sunset Act). The council
shall be reviewed during the period in which the commission is
reviewed under Section 523.0003 [531.004]. Unless continued in
existence as provided by Chapter 325, the council is abolished and
this subchapter expires on the date on which the commission is
subject to abolishment under that section.
SECTION 8.026. Section 531.02485, Government Code, is
transferred to Subchapter D, Chapter 532, Government Code, as
effective April 1, 2025, redesignated as Section 532.0157,
Government Code, and amended to conform to Chapter 769 (H.B. 4611),
Acts of the 88th Legislature, Regular Session, 2023, to read as
follows:
Sec. 532.0157 [531.02485]. REQUIRED REVIEW OF CRIMINAL
HISTORY RECORD INFORMATION FOR CERTAIN RESIDENTIAL CAREGIVERS. (a)
In this section, "residential caregiver" means an individual who
provides, through a group home or other residential facility
licensed by or operated under the authority of the commission,
community-based residential care services:
(1) to not more than four individuals with an
intellectual or developmental disability at any time; and
(2) at a residence other than the home of the
individual providing the services.
(b) A Medicaid provider, including a provider providing
services under a 1915(c) waiver program, that employs or contracts
with a residential caregiver to provide community-based
residential care services to [Medicaid] recipients shall review
state and federal criminal history record information and obtain
electronic updates from the Department of Public Safety of arrests
and convictions for each residential caregiver the provider employs
or contracts with to provide community-based residential care
services to [Medicaid] recipients.
(c) An individual who has been convicted of an offense
described by Section 250.006, Health and Safety Code, may not be
employed or contracted as a residential caregiver or otherwise
provide direct care to a [Medicaid] recipient with an intellectual
or developmental disability to the same extent and, if applicable,
for the same period of time prescribed by Section 250.006(a) or (b),
Health and Safety Code, as an individual similarly convicted under
those subsections. An individual who violates this subsection is
subject to disciplinary action by the commission.
(d) A Medicaid provider shall immediately discharge any
individual the provider employs or contracts with as a residential
caregiver who is convicted of an offense described by Section
250.006, Health and Safety Code.
(e) Notwithstanding any other law, the commission shall
take disciplinary action against a Medicaid provider that violates
this section, including imposing an administrative penalty or
vendor hold, terminating a contract or license, or any other
disciplinary action the commission determines appropriate. In
determining the appropriate disciplinary action to take against a
Medicaid provider under this subsection, the commission shall
consider:
(1) the nature and seriousness of the violation;
(2) the history of previous violations; and
(3) any other matter justice may require.
(f) The executive commissioner shall adopt rules necessary
to implement this section.
SECTION 8.027. Section 531.02486, Government Code, is
transferred to Subchapter D, Chapter 532, Government Code, as
effective April 1, 2025, redesignated as Section 532.0158,
Government Code, amended to conform to Chapter 769 (H.B. 4611),
Acts of the 88th Legislature, Regular Session, 2023, and further
amended to read as follows:
Sec. 532.0158 [531.02486]. SUSPENDING EMPLOYMENT OF
CERTAIN RESIDENTIAL CAREGIVERS. (a) In this section:
(1) "Consumer-directed service option" has the
meaning assigned by Section 546.0101 [531.051].
(2) "Reportable conduct" includes:
(A) abuse or neglect that causes or may cause
death or harm to an individual using the consumer-directed service
option or a resident;
(B) sexual abuse of an individual using the
consumer-directed service option or a resident;
(C) financial exploitation of an individual
using the consumer-directed service option or a resident in an
amount of $25 or more; and
(D) emotional, verbal, or psychological abuse
that causes harm to an individual using the consumer-directed
service option or a resident.
(3) "Resident" means an individual residing in a group
home or other residential facility who is receiving services from a
residential caregiver.
(4) "Residential caregiver" has the meaning assigned
by Section 532.0157 [531.02485].
(b) A Medicaid provider, including a provider providing
services under a Section 1915(c) waiver program, who employs or
contracts with a residential caregiver to provide community-based
residential care services through a group home or other residential
facility described by Subsection (a)(4), on receiving notice of the
reportable conduct finding, shall immediately suspend the
employment or contract of an individual the provider employs or
contracts with as a residential caregiver who the commission finds
has engaged in reportable conduct while the individual exhausts any
applicable appeals process, including informal and formal appeals,
pending a final decision by an administrative law judge. The
provider may not reinstate the individual's employment or contract
during the course of any appeals process.
(c) Notwithstanding any other law, the commission shall
take disciplinary action against a Medicaid provider that violates
Subsection (b), including imposing an administrative penalty or
vendor hold, terminating a contract or license, or any other
disciplinary action the commission determines appropriate. In
determining the appropriate disciplinary action to take against a
Medicaid provider under this subsection, the commission shall
consider:
(1) the nature and seriousness of the violation;
(2) the history of previous violations; and
(3) any other matter justice may require.
(d) The executive commissioner shall adopt rules necessary
to implement this section.
SECTION 8.028. Subchapter Q, Chapter 531, Government Code,
is transferred to Chapter 532, Government Code, as effective April
1, 2025, redesignated as Subchapter K, Chapter 532, Government
Code, and amended to conform to Chapter 769 (H.B. 4611), Acts of the
88th Legislature, Regular Session, 2023, to read as follows:
SUBCHAPTER K [Q]. CASE MANAGEMENT SERVICES FOR CERTAIN PREGNANT
WOMEN
Sec. 532.0501 [531.651]. DEFINITIONS. In this subchapter:
(1) "Case management for children and pregnant women
program" means the "children and pregnant women program," as
defined by Section 540.0702 [533.002555].
(2) "Nonmedical health-related needs screening" means
a screening performed using the standardized screening questions
required under Section 545.0058 [531.024183].
(3) "Program services" means case management services
provided under the case management for children and pregnant women
program, including assistance provided to a Medicaid managed care
organization in coordinating the provision of benefits to a
recipient enrolled in the organization's managed care plan in a
manner that is consistent with the recipient's plan of care.
Sec. 532.0502 [531.652]. MEDICAID MANAGED CARE
ORGANIZATION SERVICE COORDINATION BENEFITS NOT AFFECTED. The
provision of program services to a recipient does not preempt or
otherwise affect a Medicaid managed care organization's obligation
to provide service coordination benefits to the recipient.
Sec. 532.0503 [531.653]. CASE MANAGEMENT FOR CHILDREN AND
PREGNANT WOMEN PROGRAM: PROVIDER QUALIFICATIONS. Program services
may be provided only by a provider who completes the standardized
case management training required by the commission under Section
532.0504 [531.654] and who is:
(1) an advanced practice nurse who holds a license,
other than a provisional or temporary license, under Chapter 301,
Occupations Code;
(2) a registered nurse who holds a license, other than
a provisional or temporary license, under Chapter 301, Occupations
Code, and:
(A) completed a baccalaureate degree program in
nursing; or
(B) completed an associate degree program in
nursing and has:
(i) at least two years of cumulative paid
full-time work experience; or
(ii) at least two years of cumulative,
supervised full-time educational internship or practicum
experience obtained in the last 10 years that included assessing
the psychosocial and health needs of and making community referrals
of:
(a) children who are 21 years of age
or younger; or
(b) pregnant women;
(3) a social worker who holds a license, other than a
provisional or temporary license, under Chapter 505, Occupations
Code, appropriate for the individual's practice, including the
practice of independent social work;
(4) a community health worker as defined by Section
48.001, Health and Safety Code, who is certified by the Department
of State Health Services; or
(5) a doula who is certified by a recognized national
certification program, as determined by the commission, unless the
doula qualifies as a certified community health worker under
Subdivision (4).
Sec. 532.0504 [531.654]. CASE MANAGEMENT FOR CHILDREN AND
PREGNANT WOMEN PROGRAM: PROVIDER TRAINING. The commission shall
require that each provider of program services complete training
prescribed by the commission. The training must be trauma-informed
and include instruction on:
(1) social services provided by this state and local
governments in this state;
(2) community assistance programs, including programs
providing:
(A) nutrition and housing assistance;
(B) counseling and parenting services;
(C) substance use disorder treatment; and
(D) domestic violence assistance and shelter;
(3) domestic violence and coercive control dynamics;
(4) methods for explaining and eliciting an eligible
recipient's informed consent to receive:
(A) program services screening; and
(B) any services that may be offered as a result
of the screening; and
(5) procedures for:
(A) an eligible recipient to:
(i) decline program services screening; or
(ii) withdraw consent for offered services;
and
(B) ensuring that the recipient is not subject to
any retaliatory action for declining or discontinuing any
screenings or services.
Sec. 532.0505 [531.655]. INITIAL MEDICAL AND NONMEDICAL
HEALTH-RELATED SCREENINGS OF CERTAIN RECIPIENTS. (a) A Medicaid
managed care organization that provides health care services to a
pregnant woman under the STAR Medicaid managed care program shall
conduct an initial health needs screening and nonmedical
health-related needs screening of each pregnant recipient to
determine, regardless of whether the recipient is considered to
have a high-risk pregnancy, if the recipient:
(1) is eligible for service coordination benefits to
be provided by the managed care organization; or
(2) should be referred for program services.
(b) Service coordination benefits described by Subsection
(a) must include identifying and coordinating the provision of
non-covered services, community supports, and other resources the
Medicaid managed care organization determines will improve the
recipient's health outcomes.
(c) A Medicaid managed care organization must use the
results of the screenings conducted under Subsection (a) to
determine if a recipient requires a more comprehensive assessment
for purposes of determining whether the recipient is eligible for
service coordination benefits or program services.
Sec. 532.0506 [531.656]. SCREENING AND PROGRAM SERVICES
OPTIONAL. A Medicaid managed care organization providing
screenings under Section 532.0505 [531.655] must inform each
pregnant woman who is referred for program services or for whom
screening is conducted under that section that:
(1) the woman has a right to decline the screening or
services or choose to discontinue the screening or services at any
time; and
(2) declining or discontinuing the screening or
services will not result in retaliatory action against the woman in
the provision of other services.
SECTION 8.029. (a) Section 540.0056, Government Code, as
effective April 1, 2025, is amended to conform to Section 1, Chapter
582 (H.B. 2802), Acts of the 88th Legislature, Regular Session,
2023, to read as follows:
Sec. 540.0056. GUIDELINES FOR COMMUNICATIONS WITH
RECIPIENTS. (a) The executive commissioner shall adopt and
publish guidelines for Medicaid managed care organizations
regarding how an organization may communicate by telephone, text
message, or e-mail with a recipient enrolled in the organization's
Medicaid managed care plan using the contact information provided
in the recipient's application for Medicaid benefits under Section
32.025(g)(2), Human Resources Code, including updated information
provided to the organization in accordance with Section 32.025(h),
Human Resources Code.
(b) In adopting the guidelines under Subsection (a) for a
recipient enrolled in a Medicaid managed care organization's
managed care plan who provides to the organization the recipient's
contact information through any method other than the recipient's
Medicaid application, the commission:
(1) must allow the organization to communicate with
the recipient through any electronic means, including telephone,
text message, and e-mail, regarding eligibility, enrollment, and
other health care matters; and
(2) may not require the organization to submit the
recipient's contact preference information to the commission.
(b) Section 1, Chapter 582 (H.B. 2802), Acts of the 88th
Legislature, Regular Session, 2023, which amended Section 533.008,
Government Code, is repealed.
SECTION 8.030. Section 533.021, Government Code, is
transferred to Subchapter C, Chapter 540, Government Code, as
effective April 1, 2025, redesignated as Section 540.0104,
Government Code, and amended to read as follows:
Sec. 540.0104 [533.021]. TREATMENT AS QUALITY IMPROVEMENT
COST OF CERTAIN SERVICES PROVIDED BY COMMUNITY HEALTH WORKERS. (a)
In this section, "community health worker" has the meaning assigned
by Section 48.001, Health and Safety Code.
(b) The commission shall allow each Medicaid managed care
organization providing health care services under the STAR Medicaid
managed care program to categorize services provided by a community
health worker as a quality improvement cost, as authorized by
federal law, instead of as an administrative expense.
SECTION 8.031. (a) Section 540.0273(b), Government Code,
as effective April 1, 2025, is amended to conform to Section 1,
Chapter 491 (H.B. 1283), Acts of the 88th Legislature, Regular
Session, 2023, to read as follows:
(b) The requirements imposed by Subsections (a)(1)-(3) do
not apply, and may not be enforced, on and after August 31, 2033
[2023].
(b) Section 1, Chapter 491 (H.B. 1283), Acts of the 88th
Legislature, Regular Session, 2023, which amended Section
533.005(a-1), Government Code, is repealed.
SECTION 8.032. Section 533.0091, Government Code, is
transferred to Subchapter O, Chapter 540, Government Code, as
effective April 1, 2025, and redesignated as Section 540.0714,
Government Code, to read as follows:
Sec. 540.0714 [533.0091]. SICKLE CELL DISEASE TREATMENT.
To the extent possible, the commission shall:
(1) in collaboration with the sickle cell task force
established under Chapter 52, Health and Safety Code:
(A) support initiatives to assist managed care
plans in promoting timely, evidence-informed health care services
to plan enrollees diagnosed with sickle cell disease to ensure the
services reflect national clinical practice guidelines and
protocols for sickle cell disease treatment and meet medical
necessity criteria; and
(B) address sickle cell disease education for
Medicaid providers, including emergency department providers, by
collaborating with medical specialty organizations in this state,
state agencies, and health-related institutions to promote
existing or new continuing education courses or facilitate
development of any necessary new courses to improve the diagnosis,
treatment, and management of sickle cell disease and the personal
treatment of patients with sickle cell disease; and
(2) use the commission's existing data to identify
opportunities for improving health outcomes of recipients
diagnosed with sickle cell disease by:
(A) reducing hospital admissions and
readmissions; and
(B) connecting those recipients to a sickle cell
disease health home or sickle cell disease expert.
SECTION 8.033. Subchapter C, Chapter 533, Government Code,
is transferred to Chapter 540, Government Code, as effective April
1, 2025, and redesignated as Subchapter S, Chapter 540, Government
Code, to read as follows:
SUBCHAPTER S [C]. PRESCRIPTION DRUG BENEFITS UNDER CERTAIN
OUTPATIENT PHARMACY BENEFIT PLANS
Sec. 540.0901 [533.071]. PREFERRED DRUG LIST EXCEPTIONS.
(a) The commission shall adopt rules allowing exceptions to the
preferred drug list if:
(1) the drug required under the preferred drug list:
(A) is contraindicated;
(B) will likely cause an adverse reaction in or
physical or mental harm to the recipient; or
(C) is expected to be ineffective based on the
known clinical characteristics of the recipient and the known
characteristics of the prescription drug regimen;
(2) the recipient previously discontinued taking the
preferred drug at any point in the recipient's clinical history and
for any length of time because the drug:
(A) was not effective;
(B) had a diminished effect; or
(C) resulted in an adverse event;
(3) the recipient was prescribed and is taking a
nonpreferred drug in the antidepressant or antipsychotic drug class
and the recipient:
(A) was prescribed the nonpreferred drug before
being discharged from an inpatient facility;
(B) is stable on the nonpreferred drug; and
(C) is at risk of experiencing complications from
switching from the nonpreferred drug to another drug; or
(4) the preferred drug is not available for reasons
outside of the Medicaid managed care organization's control,
including because:
(A) the drug is in short supply according to the
Food and Drug Administration Drug Shortages Database; or
(B) the drug's manufacturer has placed the drug
on backorder or allocation.
(b) An exception provided under this section does not
subject the Medicaid managed care plan to liquidated damages for
failing to comply with the preferred drug list.
SECTION 8.034. (a) Section 540A.0051(c), Government Code,
as effective April 1, 2025, is amended to conform to Section 45,
Chapter 644 (H.B. 4559), Acts of the 88th Legislature, Regular
Session, 2023, to read as follows:
(c) The commission may not delay providing medical
transportation program services through a managed transportation
delivery model in:
(1) a county with a population of one million
[750,000] or more:
(A) in which all or part of a municipality with a
population of one million or more is located; and
(B) that is located adjacent to a county with a
population of 2.5 [two] million or more; or
(2) a county with a population of at least 60,000
[55,000] but not more than 70,000 [65,000] that is located adjacent
to a county with a population of at least 500,000 but not more than
1.5 million.
(b) Section 45, Chapter 644 (H.B. 4559), Acts of the 88th
Legislature, Regular Session, 2023, which amended Section
533.00257(j), Government Code, is repealed.
SECTION 8.035. (a) Section 544.0107(c), Government Code, as
effective April 1, 2025, is amended to conform to Section 2.096,
Chapter 765 (H.B. 4504), Acts of the 88th Legislature, Regular
Session, 2023, to read as follows:
(c) A peace officer the office of inspector general employs
and commissions:
(1) is a peace officer for purposes of Article 2A.001
[2.12], Code of Criminal Procedure; and
(2) shall obtain the office of the attorney general's
prior approval before carrying out any duties requiring peace
officer status.
(b) Section 2.096, Chapter 765 (H.B. 4504), Acts of the 88th
Legislature, Regular Session, 2023, which amended Section
531.1022(c), Government Code, is repealed.
SECTION 8.036. Section 531.1025(c), Government Code, as
added by Chapter 1035 (S.B. 26), Acts of the 88th Legislature,
Regular Session, 2023, is transferred to Subchapter C, Chapter 544,
Government Code, as effective April 1, 2025, redesignated as
Section 544.01091, Government Code, and amended to read as follows:
Sec. 544.01091. PERFORMANCE AND FINANCIAL AUDITS OF LOCAL
BEHAVIORAL HEALTH AUTHORITIES AND LOCAL MENTAL HEALTH AUTHORITIES.
[(c)] The [commission's] office of inspector general shall
conduct performance audits and require financial audits to be
conducted of each local behavioral health authority designated
under Section 533.0356, Health and Safety Code, and local mental
health authority, as defined by Section 531.002, Health and Safety
Code. The office shall:
(1) establish a performance audit schedule that
ensures the office audits each authority described by this
subsection at least once every five years;
(2) establish a financial audit schedule that ensures
each authority described by this subsection:
(A) undergoes a financial audit conducted by an
independent auditor at least once every three years; and
(B) submits to the office the results of the
financial audit; and
(3) require additional audits to be conducted as
necessary based on adverse findings in a previous audit or as
requested by the commission.
SECTION 8.037. (a) Section 545.0052(a), Government Code,
as effective April 1, 2025, is amended to conform to Section 1,
Chapter 1098 (S.B. 1342), Acts of the 88th Legislature, Regular
Session, 2023, to read as follows:
(a) If cost-effective, the commission may:
(1) contract to expand all or part of the billing
coordination system established under Section 532.0058 to process
claims for services provided through other benefits programs the
commission or a health and human services agency administers;
(2) expand any other billing coordination tools and
resources used to process claims for health care services provided
through Medicaid to process claims for services provided through
other benefits programs the commission or a health and human
services agency administers; and
(3) expand the scope of individuals about whom
information is collected under Section 32.0424(a) [32.042], Human
Resources Code, to include recipients of services provided through
other benefits programs the commission or a health and human
services agency administers.
(b) Section 1, Chapter 1098 (S.B. 1342), Acts of the 88th
Legislature, Regular Session, 2023, which amended Section
531.024131(a), Government Code, is repealed.
SECTION 8.038. Section 531.024183, Government Code, is
transferred to Subchapter B, Chapter 545, Government Code, as
effective April 1, 2025, redesignated as Section 545.0058,
Government Code, and amended to conform to Chapter 769 (H.B. 4611),
Acts of the 88th Legislature, Regular Session, 2023, to read as
follows:
Sec. 545.0058 [531.024183]. STANDARDIZED SCREENING
QUESTIONS FOR ASSESSING NONMEDICAL HEALTH-RELATED NEEDS OF CERTAIN
PREGNANT WOMEN; INFORMED CONSENT. (a) In this section,
"alternatives to abortion program" means the program established by
the commission to enhance and increase resources that promote
childbirth for women facing unplanned pregnancy, or a successor
program.
(b) The commission shall adopt standardized screening
questions designed to screen for, identify, and aggregate data
regarding the nonmedical health-related needs of pregnant women
eligible for benefits under a public benefits program administered
by the commission or another health and human services agency,
including:
(1) Medicaid; and
(2) the alternatives to abortion program.
(c) Subject to Subsection (d), the standardized screening
questions must be used by Medicaid managed care organizations and
providers participating in the alternatives to abortion program.
(d) A managed care organization or provider participating
in a public benefits program described by Subsection (b), including
the alternatives to abortion program, may not perform a screening
of a pregnant woman using the standardized screening questions
required by this section unless the organization or provider:
(1) informs the woman:
(A) about the type of data that will be collected
during the screening and the purposes for which the data will be
used; and
(B) that the collected data will become part of
the woman's medical record or service plan; and
(2) obtains the woman's informed consent to perform
the screening.
(e) A managed care organization or provider participating
in a public benefits program described by Subsection (b), including
the alternatives to abortion program, must provide to the
commission, in the form and manner prescribed by the commission,
data the organization or provider collects using the standardized
screening questions required by this section.
(f) Not later than December 1 of each even-numbered year,
the commission shall prepare and submit to the legislature a report
that, using de-identified information, summarizes the data
collected and provided to the commission under Subsection (e)
during the previous biennium. In accordance with Section 525.0302
[531.014], the commission may consolidate the report required under
this subsection with any other report to the legislature required
under this chapter or another law that relates to the same subject
matter.
SECTION 8.039. Section 531.02119, Government Code, is
transferred to Subchapter E, Chapter 545, Government Code, as
effective April 1, 2025, redesignated as Section 545.0205,
Government Code, and amended to read as follows:
Sec. 545.0205 [531.02119]. DISCRIMINATION BASED ON
IMMUNIZATION STATUS PROHIBITED. (a) A provider who participates
in Medicaid or the child health plan program, including a provider
participating in the provider network of a managed care
organization that contracts with the commission to provide services
under Medicaid or the child health plan program, may not refuse to
provide health care services to a Medicaid recipient or child
health plan program enrollee based solely on the recipient's or
enrollee's refusal or failure to obtain a vaccine or immunization
for a particular infectious or communicable disease.
(b) [(a-1)] Notwithstanding Subsection (a), a provider is
not in violation of this section if the provider:
(1) adopts a policy requiring some or all of the
provider's patients, including patients who are Medicaid
recipients or child health plan program enrollees, to be vaccinated
or immunized against a particular infection or communicable disease
to receive health care services from the provider; and
(2) provides an exemption to the policy described by
Subdivision (1) under which the provider accepts from a patient who
is a Medicaid recipient or child health plan program enrollee an
oral or written request for an exemption from each required
vaccination or immunization based on:
(A) a reason of conscience, including a sincerely
held religious belief, observance, or practice, that is
incompatible with the administration of the vaccination or
immunization; or
(B) a recognized medical condition for which the
vaccination or immunization is contraindicated.
(c) [(b)] The commission may not provide any reimbursement
under Medicaid or the child health plan program, as applicable, to a
provider who violates this section unless and until the commission
finds that the provider is in compliance with this section.
(d) [(c)] Subsection (c) [(b)] applies only with respect to
an individual physician. The commission may not refuse to provide
reimbursement to a provider who did not violate this section based
on that provider's membership in a provider group or medical
organization with an individual physician who violated this
section.
(e) [(d)] This section does not apply to a provider who is a
specialist in:
(1) oncology; or
(2) organ transplant services.
(f) [(e)] The executive commissioner shall adopt rules
necessary to implement this section, including rules establishing
the right of a provider who is alleged to have violated this section
to seek administrative and judicial review of the alleged
violation.
SECTION 8.040. (a) Section 546.0505, Government Code, as
effective April 1, 2025, is amended to conform to Section 1, Chapter
738 (H.B. 3265), Acts of the 88th Legislature, Regular Session,
2023, to read as follows:
Sec. 546.0505. QUARTERLY REPORT. The [Not later than the
30th day after the last day of each state fiscal quarter, the]
commission shall submit to the governor, the lieutenant governor,
the speaker of the house of representatives, the Legislative Budget
Board, and each standing legislative committee with primary
jurisdiction over Medicaid a semiannual report containing, for the
preceding six-month period [most recent state fiscal quarter], the
following information and data related to access to care for
recipients receiving benefits under the medically dependent
children (MDCP) waiver program:
(1) enrollment in the Medicaid buy-in for children
program implemented under Section 532.0353;
(2) requests relating to interest list placements
under Section 546.0455;
(3) use of the Medicaid escalation help line
established under Subchapter R, Chapter 540, if the help line was
operational during the applicable six-month period [state fiscal
quarter];
(4) use of, requests for, and outcomes of the external
medical review procedure established under Section 532.0404; and
(5) complaints relating to the medically dependent
children (MDCP) waiver program, categorized by disposition.
(b) Section 1, Chapter 738 (H.B. 3265), Acts of the 88th
Legislature, Regular Session, 2023, which amended Section
531.06021(b), Government Code, is repealed.
SECTION 8.041. Section 531.09936, Government Code, is
transferred to Subchapter A, Chapter 547, Government Code, as
effective April 1, 2025, and redesignated as Section 547.0006,
Government Code, to read as follows:
Sec. 547.0006 [531.09936]. ESTABLISHMENT OR EXPANSION OF
REGIONAL BEHAVIORAL HEALTH CENTERS OR JAIL DIVERSION CENTERS. (a)
In this section:
(1) "Governmental entity" means this state, a
political subdivision of this state, or an agency of this state or a
political subdivision of this state.
(2) "Local mental health authority" has the meaning
assigned by Section 531.002, Health and Safety Code.
(3) "Nonprofit organization" means an organization
that is exempt from federal income taxation under Section 501(a),
Internal Revenue Code of 1986, by being listed as an exempt entity
under Section 501(c)(3) of that code.
(b) To the extent money is appropriated to the commission
for that purpose, the commission, in cooperation with local mental
health authorities located primarily in rural areas of this state,
shall contract with nonprofit organizations or governmental
entities to establish or expand behavioral health centers or jail
diversion centers in the authorities' local service areas to:
(1) provide additional forensic hospital beds and
competency restoration services;
(2) provide inpatient and outpatient mental health
services to adults and children; and
(3) provide services to reduce recidivism and the
frequency of arrest, incarceration, and emergency detentions among
persons with mental illness in the service areas.
(c) The executive commissioner shall develop criteria for
the evaluation of applications or proposals submitted by a
nonprofit organization or governmental entity seeking to contract
with the commission under this section.
(d) This section may not be construed to affect a grant
program established by the commission under this code.
SECTION 8.042. (a) Section 547.0254, Government Code, as
effective April 1, 2025, is amended to conform to Section 1, Chapter
944 (S.B. 1677), Acts of the 88th Legislature, Regular Session,
2023, and further amended to conform to Chapter 769 (H.B. 4611),
Acts of the 88th Legislature, Regular Session, 2023, to read as
follows:
Sec. 547.0254. SELECTION OF RECIPIENTS; APPLICATIONS AND
PROPOSALS. (a) The commission shall select grant recipients based
on the submission of applications or proposals by nonprofit and
governmental entities. The executive commissioner shall develop
criteria for evaluating those applications or proposals and the
selection of grant recipients. The selection criteria must:
(1) evaluate and score:
(A) fiscal controls for the project;
(B) project effectiveness;
(C) project cost; and
(D) an applicant's previous experience with
grants and contracts;
(2) address whether the services proposed in the
application or proposal would duplicate services already available
in the applicant's service area;
(3) address the possibility of and method for making
multiple awards; and
(4) include other factors that the executive
commissioner considers relevant.
(b) If the commission is appropriated money to implement
this subchapter and Section 547.0201 for a state fiscal year in an
amount that exceeds the total amount of grants awarded under this
subchapter in the previous state fiscal year, the commission, in
selecting grant recipients for the excess amount, must accept
applications or proposals from applicants that were not selected as
grant recipients under this subchapter in the previous state fiscal
year or applicants that were selected as grant recipients but
require additional funding for the recipient's community mental
health program for purposes of this subchapter.
(b) Section 1, Chapter 944 (S.B. 1677), Acts of the 88th
Legislature, Regular Session, 2023, which amended Section
531.0991, Government Code, is repealed.
SECTION 8.043. (a) Subchapter H, Chapter 547, Government
Code, as effective April 1, 2025, is amended to conform to Chapter
769 (H.B. 4611), Acts of the 88th Legislature, Regular Session,
2023, by adding Section 547.03551, Government Code, and a heading
is added to that section to read as follows:
Sec. 547.03551. COMMISSION ASSISTANCE FOR CERTAIN
COMMUNITY COLLABORATIVES.
(b) Sections 531.0993(d-1) and (d-2), Government Code, are
transferred to Section 547.03551, Government Code, as added by this
Act, redesignated as Sections 547.03551(a) and (b), Government
Code, respectively, and amended to conform to Chapter 769 (H.B.
4611), Acts of the 88th Legislature, Regular Session, 2023, to read
as follows:
(a) [(d-1)] The commission shall establish procedures to
assist a community collaborative that includes a county with a
population of less than 250,000 with submission of a petition under
Section 547.0355 [Subsection (d)].
(b) [(d-2)] If the commission is appropriated money to
implement this subchapter [section] for a state fiscal year in an
amount that exceeds the total amount of grants awarded under this
subchapter [section] in the previous state fiscal year, the
commission, in selecting grant recipients for the excess amount,
must accept petitions from community collaboratives that were not
selected as grant recipients under this subchapter [section] in the
previous state fiscal year or collaboratives that were selected as
grant recipients in the previous state fiscal year but require
additional funding for the recipient's collaborative for purposes
of this subchapter [section].
SECTION 8.044. (a) Chapter 547, Government Code, as
effective April 1, 2025, is amended to conform to Chapter 1035 (S.B.
26), Acts of the 88th Legislature, Regular Session, 2023, by adding
Subchapter J, and a heading is added to that subchapter to read as
follows:
SUBCHAPTER J. INNOVATION MATCHING GRANT PROGRAM FOR MENTAL HEALTH
EARLY INTERVENTION AND TREATMENT
(b) Section 531.09915, Government Code, is transferred to
Subchapter J, Chapter 547, Government Code, as added by this Act,
redesignated as Sections 547.0501 through 547.0510, and amended to
conform to Chapter 769 (H.B. 4611), Acts of the 88th Legislature,
Regular Session, 2023, to read as follows:
Sec. 547.0501 [531.09915]. DEFINITIONS [INNOVATION
MATCHING GRANT PROGRAM FOR MENTAL HEALTH EARLY INTERVENTION AND
TREATMENT]. [(a)] In this subchapter [section]:
(1) "Inpatient mental health facility" has the meaning
assigned by Section 571.003, Health and Safety Code.
(2) "Matching grant program" ["Program"] means the
matching grant program established under this subchapter
[section].
(3) "State hospital" has the meaning assigned by
Section 552.0011, Health and Safety Code.
Sec. 547.0502. MATCHING GRANT PROGRAM. [(b)] To the extent
money is appropriated to the commission for that purpose, the
commission shall establish a matching grant program to provide
support to eligible entities for community-based initiatives that
promote identification of mental health issues and improve access
to early intervention and treatment for children and families. The
initiatives may:
(1) be evidence-based or otherwise demonstrate
positive outcomes, including:
(A) improved relationship skills;
(B) improved self-esteem;
(C) reduced involvement in the juvenile justice
system;
(D) participation in the relinquishment
avoidance program under Subchapter E, Chapter 262, Family Code; and
(E) avoidance of emergency room use; and
(2) include:
(A) training; and
(B) services and supports for:
(i) community-based initiatives;
(ii) agencies that provide services to
children and families;
(iii) individuals who work with children or
caregivers of children showing atypical social or emotional
development or other challenging behaviors; and
(iv) children in or at risk of placement in
foster care or the juvenile justice system.
Sec. 547.0503. CONTRACT WITH COMMISSION REQUIRED.
[(c)] The commission may award a grant under the matching grant
program only in accordance with a contract between the commission
and a grant recipient. The contract must include provisions under
which the commission is given sufficient control to ensure the
public purpose of providing mental health prevention services to
children and families is accomplished and the state receives the
return benefit.
Sec. 547.0504. APPLICATION AND ELIGIBILITY
REQUIREMENTS. [(d)] The executive commissioner by rule shall
establish application and eligibility requirements for an entity to
be awarded a grant under the matching grant program.
Sec. 547.0505. ELIGIBLE ENTITIES. [(e)] The following
entities are eligible to receive [for] a grant awarded under the
matching grant program:
(1) a hospital licensed under Chapter 241, Health and
Safety Code;
(2) a mental hospital licensed under Chapter 577,
Health and Safety Code;
(3) a hospital district;
(4) a local mental health authority;
(5) a child-care facility, as defined by Chapter 42,
Human Resources Code;
(6) a county or municipality; and
(7) a nonprofit organization that is exempt from
federal income taxation under Section 501(a), Internal Revenue Code
of 1986, by being listed as an exempt entity under Section 501(c)(3)
of that code.
Sec. 547.0506. SELECTION OF RECIPIENTS: PRIORITIZATION OF
CERTAIN ENTITIES. [(f)] In awarding grants under the matching
grant program, the commission shall prioritize entities that work
with children and family members of children with a high risk of
experiencing a crisis or developing a mental health condition to
reduce:
(1) the need for future intensive mental health
services;
(2) the number of children at risk of placement in
foster care or the juvenile justice system; or
(3) the demand for placement in state hospitals,
inpatient mental health facilities, and residential behavioral
health facilities.
Sec. 547.0507. MATCHING CONTRIBUTION REQUIRED. [(g)] The
commission shall condition each grant awarded under the matching
grant program on the grant recipient providing matching money in an
amount that is equal to at least 10 percent of the grant amount.
Sec. 547.0508. USE OF GRANTS AND MATCHING AMOUNTS.
(a) [(h)] A grant recipient may only use grant money awarded under
the matching grant program and matching money provided by the
recipient to develop innovative strategies that provide:
(1) resiliency;
(2) coping and social skills;
(3) healthy social and familial relationships; and
(4) parenting skills and behaviors.
(b) [(i)] A grant recipient may not use grant money awarded
under the matching grant program or matching money provided by the
recipient to:
(1) reimburse an expense or pay a cost that another
source, including [the] Medicaid [program], is obligated to
reimburse or pay by law or under a contract; or
(2) supplant or be a substitute for money awarded to
the recipient from a non-Medicaid federal funding source, including
federal grant funding.
Sec. 547.0509. EFFECT ON MEDICAID REQUIREMENTS. [(j)] A
Medicaid provider's receipt of a grant under the matching grant
program does not affect any legal or contractual duty of the
provider to comply with [requirements under the] Medicaid
requirements [program].
Sec. 547.0510. ALLOCATING APPROPRIATED MONEY. [(k)] The
commission may use a reasonable amount of the money appropriated by
the legislature for the purposes of the matching grant program, not
to exceed five percent, to pay the administrative costs of
implementing and administering the program.
SECTION 8.045. (a) Sections 547A.0001(a) and (b),
Government Code, as effective April 1, 2025, are amended to conform
to Section 2, Chapter 859 (H.B. 3466), Acts of the 88th Legislature,
Regular Session, 2023, to read as follows:
(a) To the extent funds are appropriated to the commission
for that purpose, the commission shall make grants to entities,
including local governmental entities, nonprofit community
organizations, and faith-based community organizations, to
establish or expand community collaboratives that bring the public
and private sectors together to provide services to individuals
experiencing homelessness, substance use issues, or mental
illness. In awarding grants, the commission shall give special
consideration to entities:
(1) establishing new collaboratives; [or]
(2) establishing or expanding collaboratives that
serve two or more counties, each with a population of less than
100,000; or
(3) providing services to an average of at least 50
percent of persons experiencing homelessness in a geographic area
served by a Continuum of Care Program funded by the United States
Department of Housing and Urban Development according to the last
three Point-in-Time surveys of homelessness conducted by that
department.
(b) Except as provided by Subsection (c), the commission
shall require each entity awarded a grant under this section to:
(1) leverage additional funding or in-kind
contributions from private contributors or local governments,
excluding state or federal funds, in an amount that is at least
equal to the amount of the grant awarded under this section;
(2) provide evidence of significant coordination and
collaboration between the entity, local mental health authorities,
municipalities, local law enforcement agencies, and other
community stakeholders in establishing or expanding a community
collaborative funded by a grant awarded under this section; and
(3) provide evidence of a local law enforcement policy
to divert appropriate individuals from jails, [or] other detention
facilities, or mental health facilities operated by or under
contract with the commission to an entity affiliated with a
community collaborative for the purpose of providing services to
those individuals.
(b) Section 2, Chapter 859 (H.B. 3466), Acts of the 88th
Legislature, Regular Session, 2023, which amended Sections
539.002(a) and (b), Government Code, is repealed.
SECTION 8.046. Section 539.010, Government Code, is
transferred to Chapter 547A, Government Code, as effective April 1,
2025, redesignated as Section 547A.0010, Government Code, and
amended to conform to Chapter 769 (H.B. 4611), Acts of the 88th
Legislature, Regular Session, 2023, to read as follows:
Sec. 547A.0010 [539.010]. BIENNIAL REPORT. (a) The
commission [department] shall prepare a report that includes:
(1) the method by which the commission [department]
chose entities to award grants to under this chapter;
(2) the amount of each grant awarded to an entity under
this chapter;
(3) the number of individuals served by each community
collaborative receiving grant funds under this chapter; and
(4) the results of the annual review of outcome
measures required by Section 547A.0006 [539.006].
(b) Not later than September 1 of each even-numbered year,
the commission [department] shall submit a report described by
Subsection (a) to:
(1) the lieutenant governor;
(2) the speaker of the house of representatives;
(3) the standing committees of the legislature having
primary jurisdiction over the department and state finance; and
(4) the Legislative Budget Board.
SECTION 8.047. (a) Subchapter F, Chapter 548, Government
Code, as effective April 1, 2025, is amended to conform to Section
2, Chapter 840 (H.B. 2727), Acts of the 88th Legislature, Regular
Session, 2023, by amending Sections 548.0251, 548.0252, 548.0253,
548.0254, and 548.0256 and adding Section 548.0257 to read as
follows:
Sec. 548.0251. DEFINITIONS. In this subchapter:
(1) "Federally qualified health center" has the
meaning assigned by 42 U.S.C. Section 1396d(l)(2)(B).
(2) "Home and community support services agency" means
a person licensed under Chapter 142, Health and Safety Code, to
provide home health, hospice, or personal assistance services as
those terms are defined by Section 142.001, Health and Safety Code.
(3) [(2)] "Hospital" means a hospital licensed under
Chapter 241, Health and Safety Code.
(4) "Rural health clinic" has the meaning assigned by
42 U.S.C. Section 1396d(l)(1).
Sec. 548.0252. MEDICAID REIMBURSEMENT [PROGRAM] FOR HOME
TELEMONITORING SERVICES AUTHORIZED. The [If the commission
determines that establishing a statewide program that permits
Medicaid reimbursement for home telemonitoring services would be
cost-effective and feasible, the] executive commissioner [by rule]
shall adopt rules for the provision and reimbursement of home
telemonitoring services under Medicaid [establish the program] as
provided by this subchapter.
Sec. 548.0253. REIMBURSEMENT [PROGRAM] REQUIREMENTS. (a)
For purposes of adopting rules [A program established] under this
subchapter, the commission shall [must]:
(1) identify and provide home telemonitoring services
to individuals diagnosed with conditions for which the commission
determines the provision of home telemonitoring services would be
cost-effective and clinically effective;
(2) consider providing home telemonitoring services
under Subdivision (1) [provide that home telemonitoring services
are available only] to a Medicaid recipient [an individual] who:
(A) is diagnosed with one or more of the
following conditions:
(i) pregnancy;
(ii) diabetes;
(iii) heart disease;
(iv) cancer;
(v) chronic obstructive pulmonary disease;
(vi) hypertension;
(vii) congestive heart failure;
(viii) mental illness or serious emotional
disturbance;
(ix) asthma;
(x) myocardial infarction; [or]
(xi) stroke;
(xii) end stage renal disease; or
(xiii) a condition that requires renal
dialysis treatment; and
(B) exhibits at least one [two or more] of the
following risk factors:
(i) two or more hospitalizations in the
prior 12-month period;
(ii) frequent or recurrent emergency room
admissions;
(iii) a documented history of poor
adherence to ordered medication regimens;
(iv) a documented risk [history] of falls
[in the prior six-month period]; and
(v) [limited or absent informal support
systems;
[(vi) living alone or being home alone for
extended periods; and
[(vii)] a documented history of care access
challenges;
(3) [(2)] ensure that clinical information gathered
by the following providers while providing home telemonitoring
services is shared with the recipient's physician:
(A) a home and community support services agency;
(B) a federally qualified health center;
(C) a rural health clinic; or
(D) a hospital [while providing home
telemonitoring services is shared with the patient's physician];
[and]
(4) [(3)] ensure that the home telemonitoring
services provided under this subchapter do [program does] not
duplicate disease management program services provided under
Section 32.057, Human Resources Code; and
(5) require a provider to:
(A) establish a plan of care that includes
outcome measures for each recipient who receives home
telemonitoring services under this subchapter; and
(B) share the plan and outcome measures with the
recipient's physician.
(b) Notwithstanding any other provision of this subchapter
[Subsection (a)(1)], the commission shall ensure [a program
established under this subchapter must also provide] that home
telemonitoring services are available to pediatric individuals
who:
(1) are diagnosed with end-stage solid organ disease;
(2) have received an organ transplant; or
(3) require mechanical ventilation.
Sec. 548.0254. DISCONTINUATION OF REIMBURSEMENT [PROGRAM]
UNDER CERTAIN CIRCUMSTANCES. If, after implementation, the
commission determines that a condition for which the commission has
authorized the provision and reimbursement of home telemonitoring
services under Medicaid [the program established] under this
subchapter is not cost-effective and clinically effective, the
commission may discontinue the availability of home telemonitoring
services for that condition [program] and stop providing Medicaid
reimbursement for home telemonitoring services for that condition,
notwithstanding Subchapter B or any other law.
Sec. 548.0256. REIMBURSEMENT FOR OTHER CONDITIONS AND RISK
FACTORS. [(a)] To comply with state and federal requirements to
provide access to medically necessary services under Medicaid,
including the Medicaid managed care program, and if the commission
determines it is cost-effective and clinically effective, the
commission or a Medicaid managed care organization, as applicable,
may reimburse providers for home telemonitoring services provided
to individuals who have conditions and exhibit risk factors other
than those expressly authorized by this subchapter.
[(b) In determining whether the Medicaid managed care
organization should provide reimbursement for services under this
section, the organization shall consider whether reimbursement for
the service is cost-effective and providing the service is
clinically effective.]
Sec. 548.0257. REIMBURSEMENT FOR HIGH-RISK PREGNANCY. (a)
In addition to determining whether to provide home telemonitoring
services to Medicaid recipients with the conditions described by
Section 548.0253(a)(2), the commission shall determine whether
high-risk pregnancy is a condition for which the provision of home
telemonitoring services is cost-effective and clinically
effective. If the commission determines that high-risk pregnancy
is a condition for which the provision of home telemonitoring
services is cost-effective and clinically effective:
(1) the commission shall, to the extent permitted by
state and federal law, provide recipients experiencing a high-risk
pregnancy with clinically appropriate home telemonitoring services
equipment for temporary use in the recipient's home; and
(2) the executive commissioner by rule shall:
(A) establish criteria to identify recipients
experiencing a high-risk pregnancy who would benefit from access to
home telemonitoring services equipment;
(B) ensure that, if cost-effective, feasible,
and clinically appropriate, the home telemonitoring services
equipment provided includes uterine remote monitoring services
equipment and pregnancy-induced hypertension remote monitoring
services equipment;
(C) subject to Subsection (b), require that a
provider obtain:
(i) prior authorization from the commission
before providing home telemonitoring services equipment to a
recipient during the first month the equipment is provided to the
recipient; and
(ii) an extension of the authorization
under Subparagraph (i) from the commission before providing the
equipment in a subsequent month based on the recipient's ongoing
medical need; and
(D) prohibit payment or reimbursement for home
telemonitoring services equipment during any period that the
equipment was not in use because the recipient was hospitalized or
away from the recipient's home regardless of whether the equipment
remained in the recipient's home while the recipient was
hospitalized or away.
(b) For purposes of Subsection (a), the commission shall
require that:
(1) a request for prior authorization under Subsection
(a)(2)(C)(i) be based on an in-person assessment of the recipient;
and
(2) documentation of the recipient's ongoing medical
need for the equipment is provided to the commission before the
commission grants an extension under Subsection (a)(2)(C)(ii).
(b) Section 2, Chapter 840 (H.B. 2727), Acts of the 88th
Legislature, Regular Session, 2023, which amended Section
531.02164, Government Code, is repealed.
SECTION 8.048. Section 531.0691, Government Code, is
transferred to Subchapter A, Chapter 549, Government Code, as
effective April 1, 2025, and redesignated as Section 549.0006,
Government Code, to read as follows:
Sec. 549.0006 [531.0691]. VENDOR DRUG PROGRAM INCLUSION.
(a) The commission shall ensure that the vendor drug program
includes all drugs and national drug codes made available under the
federal Medicaid Drug Rebate Program if a certificate of
information form to request the drug's inclusion in the vendor drug
program has been submitted to the commission and:
(1) approved by the commission; or
(2) subject to Subsection (b), is pending review by
the commission.
(b) On receipt of a certificate of information form to
request the addition to the Texas Drug Code Index of a drug that is
available under the federal Medicaid Drug Rebate Program, the
commission shall, if the commission determines that the drug is
appropriate for dispensing through an outpatient pharmacy,
provisionally make the drug available under the vendor drug program
for a period that expires on the earlier of:
(1) the 90th day after the date the form was submitted;
or
(2) the date the commission makes a determination
regarding whether to approve or deny the drug's inclusion on the
vendor drug program formulary.
(c) The commission shall:
(1) denote the provisional availability of a drug
under this section; and
(2) remove a drug made provisionally available under
the vendor drug program:
(A) on the expiration of the 90-day period
prescribed by Subsection (b)(1); or
(B) if applicable, on the date the commission
denies the drug's inclusion on the vendor drug program formulary.
SECTION 8.049. (a) Section 531.072(b-3), Government Code,
is transferred to Section 549.0204, Government Code, as effective
April 1, 2025, redesignated as Section 549.0204(c), Government
Code, and amended to read as follows:
(c) [(b-3)] Notwithstanding Subsection (a) [(b)], the
preferred drug lists must contain all therapeutic equivalents for a
generic drug on the preferred drug list.
(b) Section 531.072(g), Government Code, is transferred to
Subchapter E, Chapter 549, Government Code, as effective April 1,
2025, redesignated as Section 549.0208, Government Code, and
amended to read as follows:
Sec. 549.0208. EXPEDITED REVIEW PROCESS FOR CERTAIN
REQUESTS TO INCLUDE DRUG ON PREFERRED DRUG LIST. [(g)] The
commission shall develop an expedited review process to consider
requests from managed care organizations and providers to add drugs
to the preferred drug list.
(c) Section 531.072(h), Government Code, is transferred to
Subchapter E, Chapter 549, Government Code, as effective April 1,
2025, redesignated as Section 549.0209, Government Code, and
amended to conform to Chapter 769 (H.B. 4611), Acts of the 88th
Legislature, Regular Session, 2023, to read as follows:
Sec. 549.0209. TEMPORARY NON-PREFERRED STATUS FOR CERTAIN
DRUGS. [(h)] The commission shall grant temporary non-preferred
status to new drugs that are available but have not yet been
reviewed by the [drug utilization review] board and establish
criteria for authorizing drugs with temporary non-preferred
status.
SECTION 8.050. (a) Section 549.0257(a), Government Code,
as effective April 1, 2025, is amended to conform to Section 4,
Chapter 739 (H.B. 3286), Acts of the 88th Legislature, Regular
Session, 2023, to read as follows:
(a) The commission shall establish procedures for the prior
authorization requirement under the Medicaid vendor drug program to
ensure that the requirements of 42 U.S.C. Section 1396r-8(d)(5) are
met. The procedures must ensure that:
(1) [a prior authorization requirement is not imposed
for a drug before the drug has been considered at a meeting of the
Drug Utilization Review Board under Subchapter G;
[(2)] a response to a request for prior authorization
is provided by telephone or other telecommunications device within
24 hours after receipt of the request; and
(2) [(3)] a 72-hour supply of the drug prescribed is
provided in an emergency or if the commission does not provide a
response within the period required by Subdivision (1) [(2)].
(b) Section 4, Chapter 739 (H.B. 3286), Acts of the 88th
Legislature, Regular Session, 2023, which amended Section
531.073(b), Government Code, is repealed.
SECTION 8.051. (a) Section 549.0302(a), Government Code,
as effective April 1, 2025, is amended to conform to Section 5,
Chapter 739 (H.B. 3286), Acts of the 88th Legislature, Regular
Session, 2023, to read as follows:
(a) The composition of the board must comply with federal
law, including 42 C.F.R. Section 456.716. The executive
commissioner shall determine the board's composition, which must
include:
(1) three [two] representatives of managed care
organizations, all [one] of whom must be physicians or pharmacists
[a physician and one of whom must be a pharmacist, as nonvoting
members];
(2) at least 17 physicians and pharmacists who:
(A) provide services across the entire
population of Medicaid recipients and represent different
specialties, including at least one of each of the following types
of physicians:
(i) a pediatrician;
(ii) a primary care physician;
(iii) an obstetrician and gynecologist;
(iv) a child and adolescent psychiatrist;
and
(v) an adult psychiatrist; and
(B) have experience in either developing or
practicing under a preferred drug list; and
(3) a consumer advocate who represents Medicaid
recipients.
(b) Section 549.0310(e), Government Code, as effective
April 1, 2025, is amended to conform to Section 5, Chapter 739 (H.B.
3286), Acts of the 88th Legislature, Regular Session, 2023, to read
as follows:
(e) Notwithstanding any other law, board [Board] members
appointed under Section 549.0302(a)(1) may attend quarterly and
other regularly scheduled meetings, but may not:
(1) attend portions of the executive sessions in which
confidential drug pricing information is shared; or
(2) access confidential drug pricing information.
(c) Section 5, Chapter 739 (H.B. 3286), Acts of the 88th
Legislature, Regular Session, 2023, which amended Sections
531.0736(c) and (d), Government Code, is repealed.
SECTION 8.052. Section 551.083, Government Code, is
repealed to conform to the repeal of Section 13.901, Education
Code, by Section 8.33, Chapter 347 (S.B. 7), Acts of the 73rd
Legislature, Regular Session, 1993.
SECTION 8.053. Section 574.004, Government Code, is amended
to conform to Chapter 765 (H.B. 4504), Acts of the 88th Legislature,
Regular Session, 2023, to read as follows:
Sec. 574.004. ASSISTANCE BY ATTORNEY GENERAL. This chapter
does not prevent the attorney general from providing assistance to
district attorneys, criminal district attorneys, and county
attorneys on request by allowing assistant attorneys general to
serve as duly appointed and deputized assistant prosecutors, nor
does this chapter prohibit [the appointment of] an assistant
attorney general from performing duties as an attorney representing
the state under a temporary appointment described by [pro tem
pursuant to] Article 2A.104, Code of Criminal Procedure.
SECTION 8.054. Section 662.005(b), Government Code, as
amended by Chapters 109 (S.B. 2214), 765 (H.B. 4504), and 950 (S.B.
1727), Acts of the 88th Legislature, Regular Session, 2023, is
reenacted and amended to read as follows:
(b) Except as provided by Section 662.010, and
notwithstanding Section 659.015 or another law, each of the
following state employees who is required to work on a national or
state holiday that falls on a Saturday or Sunday is entitled to
compensatory time off at the rate of one hour for each hour worked
on the holiday:
(1) an employee of the Department of Family and
Protective Services in the statewide intake division who receives
reports of abuse or neglect;
(2) a peace officer commissioned or appointed, as
applicable, by a state officer or state agency listed under Article
2A.001, Code of Criminal Procedure;
(3) an employee of the Department of Public Safety
who:
(A) performs communications or dispatch services
related to traffic law enforcement; or
(B) is a public security officer, as that term is
defined by Section 1701.001, Occupations Code; [or]
(4) an employee of the Parks and Wildlife Department
who performs communications and dispatch services to assist law
enforcement officers commissioned by the Parks and Wildlife
Commission in performing law enforcement duties;
(5) an employee of[, or who is employed by] the Texas
Juvenile Justice Department who:
(A) performs [to perform] communication service
duties for the incident reporting center; and
(B) assists [to assist] law enforcement officers
appointed by the office of inspector general of the Texas Juvenile
Justice Department in performing investigative duties; [,] or
(6) [who is employed as] a security officer providing
security and entry searches for secure correctional facilities
operated by the Texas Juvenile Justice Department[,].
SECTION 8.055. Sections 804.003(j) and (k), Government
Code, as amended by Chapters 78 (S.B. 729) and 1092 (S.B. 1245),
Acts of the 88th Legislature, Regular Session, 2023, are reenacted
and amended to read as follows:
(j) Except as provided by Subsection (k-1) or (k-2), if a
domestic relations order is determined to be a qualified domestic
relations order, then the public retirement system (or applicable
carrier, if under the optional retirement program) shall pay the
segregated amounts without interest to the person or persons
entitled thereto and shall thereafter pay benefits pursuant to the
order.
(k) Except as provided by Subsection (k-1) or (k-2), if a
domestic relations order is determined not to be a qualified
domestic relations order or if within 18 months of the date a
domestic relations order is received by the public retirement
system (or applicable carrier, if under the optional retirement
program) the issue as to whether such order is a qualified domestic
relations order is not resolved, then the public retirement system
(or applicable carrier, if under the optional retirement program)
shall pay the segregated amounts without interest and shall
thereafter pay benefits to the person or persons who would have been
entitled to such amounts if there had been no order. This
subsection shall not be construed to limit or otherwise affect any
liability, responsibility, or duty of a party with respect to any
other party to the action out of which the order arose.
ARTICLE 9. CHANGES RELATING TO HEALTH AND SAFETY CODE
SECTION 9.001. Section 255.005(b), Health and Safety Code,
is amended to conform to Chapter 769 (H.B. 4611), Acts of the 88th
Legislature, Regular Session, 2023, to read as follows:
(b) The Health and Human Services Commission shall submit
the report required under this section with the report required
under Section 543A.0008 [536.008], Government Code.
SECTION 9.002. Section 260.010(a), Health and Safety Code,
is amended to conform to Chapter 765 (H.B. 4504), Acts of the 88th
Legislature, Regular Session, 2023, to read as follows:
(a) Not later than September 30 of each year following the
establishment of a county or municipal permitting requirement under
this chapter, each county or municipality that requires a person to
obtain a boarding home facility permit under Section 260.004 shall
submit to the commission a report. The report must include:
(1) the total number of:
(A) boarding home facilities permitted during
the preceding state fiscal year;
(B) boarding home facility applications denied
permitting, including a summary of cause for denial; and
(C) boarding home facility permits active on
August 31 of the preceding state fiscal year;
(2) the total number of residents reported housed in
each boarding home facility reported;
(3) the total number of inspections conducted at each
boarding home facility by the county or municipality that requires
the permit;
(4) the total number of permits revoked or suspended
as a result of an inspection described by Subdivision (3) and a
summary of the outcome for the residents displaced by revocation or
suspension of a permit; and
(5) the total number of incidents occurring at each
boarding home facility that required the intervention of a peace
officer as defined by Article 2A.001 [2.12], Code of Criminal
Procedure.
SECTION 9.003. (a) Section 533.032(a), Health and Safety
Code, as effective April 1, 2025, is amended to conform to Section
3, Chapter 1147 (S.B. 956), Acts of the 88th Legislature, Regular
Session, 2023, to read as follows:
(a) The department shall have a long-range plan relating to
the provision of services under this title covering at least six
years that includes at least the provisions required by Section
[Sections 525.0154, 525.0155, and] 525.0156, Government Code, and
Chapter 2056, Government Code. The plan must cover the provision
of services in and policies for state-operated institutions and
ensure that the medical needs of the most medically fragile persons
with mental illness the department serves are met.
(b) Section 3, Chapter 1147 (S.B. 956), Acts of the 88th
Legislature, Regular Session, 2023, which amended Section
533.032(a), Health and Safety Code, is repealed.
SECTION 9.004. (a) Section 533A.032(a), Health and Safety
Code, as effective April 1, 2025, is amended to conform to Section
4, Chapter 1147 (S.B. 956), Acts of the 88th Legislature, Regular
Session, 2023, to read as follows:
(a) The department shall have a long-range plan relating to
the provision of services under this title covering at least six
years that includes at least the provisions required by Section
[Sections 525.0154, 525.0155, and] 525.0156, Government Code, and
Chapter 2056, Government Code. The plan must cover the provision of
services in and policies for state-operated institutions and ensure
that the medical needs of the most medically fragile persons with an
intellectual disability the department serves are met.
(b) Section 4, Chapter 1147 (S.B. 956), Acts of the 88th
Legislature, Regular Session, 2023, which amended Section
533A.032(a), Health and Safety Code, is repealed.
SECTION 9.005. Section 592.039, Health and Safety Code, is
amended to conform to Chapter 769 (H.B. 4611), Acts of the 88th
Legislature, Regular Session, 2023, to read as follows:
Sec. 592.039. GRIEVANCES. A client, or a person acting on
behalf of a person with an intellectual disability or a group of
persons with an intellectual disability, has the right to submit
complaints or grievances regarding the infringement of the rights
of a person with an intellectual disability or the delivery of
intellectual disability services against a person, group of
persons, organization, or business to the Health and Human Services
Commission's ombudsman for individuals with an intellectual or
developmental disability as provided under Section 523.0360
[531.9934], Government Code.
SECTION 9.006. Section 810.004(b), Health and Safety Code,
is amended to conform to Chapter 769 (H.B. 4611), Acts of the 88th
Legislature, Regular Session, 2023, to read as follows:
(b) In addition to the eligible individuals described by
Subsection (a), each participating state agency shall designate
additional users who are eligible to access the search engine and
may require those users to determine whether an individual has
engaged in reportable conduct. The additional designated users may
include controlling persons, hiring managers, or administrators
of:
(1) licensed or certified long-term care providers,
including:
(A) home and community support services agencies
licensed under Chapter 142;
(B) nursing facilities licensed under Chapter
242;
(C) assisted living facilities licensed under
Chapter 247;
(D) prescribed pediatric extended care centers
licensed under Chapter 248A;
(E) intermediate care facilities for individuals
with an intellectual disability licensed under Chapter 252;
(F) state supported living centers, as defined by
Section 531.002; and
(G) day activity and health services facilities
licensed under Chapter 103, Human Resources Code;
(2) providers under a Section 1915(c) waiver program,
as defined by Section 521.0001 [531.001], Government Code;
(3) juvenile probation departments and registered
juvenile justice facilities;
(4) independent school districts, districts of
innovation, open-enrollment charter schools, other charter
entities, as defined by Section 21.006, Education Code, regional
education service centers, education shared services arrangements,
or any other educational entity or provider that is authorized to
access the registry established under Section 22.092, Education
Code;
(5) private schools that:
(A) offer a course of instruction for students in
this state in one or more grades from prekindergarten through grade
12; and
(B) are:
(i) accredited by an organization
recognized by the Texas Education Agency or the Texas Private
School Accreditation Commission;
(ii) listed in the database of the National
Center for Education Statistics of the United States Department of
Education; or
(iii) otherwise authorized by Texas
Education Agency rule to access the search engine; and
(6) nonprofit teacher organizations approved by the
commissioner of education for the purpose of participating in the
tutoring program established under Section 33.913, Education Code.
ARTICLE 10. CHANGES RELATING TO HUMAN RESOURCES CODE
SECTION 10.001. Section 32.03115(b), Human Resources Code,
as added by Chapter 1105 (H.B. 2174), Acts of the 86th Legislature,
Regular Session, 2019, is amended to conform to Chapter 769 (H.B.
4611), Acts of the 88th Legislature, Regular Session, 2023, to read
as follows:
(b) Notwithstanding Subchapters E and F, Chapter 549
[Sections 531.072 and 531.073], Government Code, or any other law
and subject to Subsections (c) and (d), the commission shall
provide medical assistance reimbursement for medication-assisted
opioid or substance use disorder treatment without requiring a
recipient of medical assistance or health care provider to obtain
prior authorization or precertification for the treatment, except
as needed to minimize the opportunity for fraud, waste, or abuse.
SECTION 10.002. Section 137.152(e), Human Resources Code,
is amended to conform to Chapter 765 (H.B. 4504), Acts of the 88th
Legislature, Regular Session, 2023, to read as follows:
(e) The commission shall provide services for a child and
the child's family if a contract to provide services under this
section is available in the county and the child is referred to the
commission as an at-risk child by:
(1) a juvenile court or probation department as part
of a progressive sanctions program under Chapter 59, Family Code;
(2) a law enforcement officer or agency under Section
52.03, Family Code; or
(3) a justice or municipal court under Article
45A.457, 45A.509 [45.309], or 45A.510 [45.310], Code of Criminal
Procedure.
ARTICLE 11. CHANGES RELATING TO INSURANCE CODE
SECTION 11.001. Section 1223.001(c), Insurance Code, is
amended to conform to Chapter 769 (H.B. 4611), Acts of the 88th
Legislature, Regular Session, 2023, to read as follows:
(c) This chapter does not apply to the state Medicaid
program, including the Medicaid managed care program operated under
Chapter 540 or 540A [Chapter 533], Government Code, or the child
health plan program operated under Chapter 62, Health and Safety
Code.
SECTION 11.002. Section 1365.052, Insurance Code, is
amended to conform to Chapter 769 (H.B. 4611), Acts of the 88th
Legislature, Regular Session, 2023, to read as follows:
Sec. 1365.052. EXCEPTION. This subchapter does not apply
to:
(1) a plan that provides coverage:
(A) for wages or payments in lieu of wages for a
period during which an employee is absent from work because of
sickness or injury; or
(B) only for hospital expenses; or
(2) the state Medicaid program, including the Medicaid
managed care program operated under Chapter 540 or 540A [Chapter
533], Government Code.
SECTION 11.003. Section 1366.103, Insurance Code, is
amended to conform to Chapter 769 (H.B. 4611), Acts of the 88th
Legislature, Regular Session, 2023, to read as follows:
Sec. 1366.103. EXCEPTIONS. This subchapter does not apply
to:
(1) a health benefit plan that provides coverage:
(A) for wages or payments in lieu of wages for a
period during which an employee is absent from work because of
sickness or injury; or
(B) only for hospital expenses;
(2) Medicaid managed care programs operated under
Chapter 540 or 540A [533], Government Code;
(3) Medicaid programs operated under Chapter 32, Human
Resources Code; or
(4) the state child health plan operated under Chapter
62 or 63, Health and Safety Code.
SECTION 11.004. Section 1369.093, Insurance Code, is
amended to conform to Chapter 769 (H.B. 4611), Acts of the 88th
Legislature, Regular Session, 2023, to read as follows:
Sec. 1369.093. EXCEPTIONS TO APPLICABILITY OF SUBCHAPTER.
This subchapter does not apply to an issuer or provider of health
benefits under or a pharmacy benefit manager administering pharmacy
benefits under:
(1) the state Medicaid program, including the Medicaid
managed care program operated under Chapters 540 and 540A [Chapter
533], Government Code;
(2) the child health plan program under Chapter 62,
Health and Safety Code;
(3) the TRICARE military health system; or
(4) a workers' compensation insurance policy or other
form of providing medical benefits under Title 5, Labor Code.
SECTION 11.005. Section 1369.1031(b), Insurance Code, is
amended to conform to Chapter 769 (H.B. 4611), Acts of the 88th
Legislature, Regular Session, 2023, to read as follows:
(b) Notwithstanding any other law, this section applies to:
(1) a standard health benefit plan issued under
Chapter 1507;
(2) a basic coverage plan under Chapter 1551;
(3) a basic plan under Chapter 1575;
(4) a primary care coverage plan under Chapter 1579;
(5) a plan providing basic coverage under Chapter
1601;
(6) group health coverage made available by a school
district in accordance with Section 22.004, Education Code; and
(7) the state Medicaid program, including the Medicaid
managed care program operated under Chapters 540 and 540A [Chapter
533], Government Code.
SECTION 11.006. Section 1369.653(a), Insurance Code, is
amended to conform to Chapter 769 (H.B. 4611), Acts of the 88th
Legislature, Regular Session, 2023, to read as follows:
(a) This subchapter does not apply to:
(1) a plan that provides coverage:
(A) for wages or payments in lieu of wages for a
period during which an employee is absent from work because of
sickness or injury; or
(B) only for hospital expenses;
(2) the state Medicaid program, including the Medicaid
managed care program operated under Chapters 540 and 540A [Chapter
533], Government Code; or
(3) the child health plan program under Chapter 62,
Health and Safety Code.
SECTION 11.007. Section 1369.763(a), Insurance Code, is
amended to conform to Chapter 769 (H.B. 4611), Acts of the 88th
Legislature, Regular Session, 2023, to read as follows:
(a) This subchapter does not apply to an issuer or provider
of health benefits under or a pharmacy benefit manager
administering pharmacy benefits under:
(1) the state Medicaid program, including the Medicaid
managed care program under Chapters 540 and 540A [Chapter 533],
Government Code;
(2) the child health plan program under Chapter 62,
Health and Safety Code;
(3) the TRICARE military health system; or
(4) a workers' compensation insurance policy or other
form of providing medical benefits under Title 5, Labor Code.
SECTION 11.008. Section 1372.002(b), Insurance Code, is
amended to conform to Chapter 769 (H.B. 4611), Acts of the 88th
Legislature, Regular Session, 2023, to read as follows:
(b) Notwithstanding any other law, this chapter applies to:
(1) a small employer health benefit plan subject to
Chapter 1501, including coverage provided through a health group
cooperative under Subchapter B of that chapter;
(2) a standard health benefit plan issued under
Chapter 1507;
(3) a basic coverage plan under Chapter 1551;
(4) a basic plan under Chapter 1575;
(5) a primary care coverage plan under Chapter 1579;
(6) a plan providing basic coverage under Chapter
1601;
(7) the state Medicaid program, including the Medicaid
managed care program operated under Chapters 540 and 540A [Chapter
533], Government Code;
(8) the child health plan program under Chapter 62,
Health and Safety Code; and
(9) a self-funded health benefit plan sponsored by a
professional employer organization under Chapter 91, Labor Code.
SECTION 11.009. Section 1380.002(b), Insurance Code, is
amended to conform to Chapter 769 (H.B. 4611), Acts of the 88th
Legislature, Regular Session, 2023, to read as follows:
(b) Notwithstanding any other law, this chapter applies to:
(1) a small employer health benefit plan subject to
Chapter 1501, including coverage provided through a health group
cooperative under Subchapter B of that chapter;
(2) a standard health benefit plan issued under
Chapter 1507;
(3) a basic coverage plan under Chapter 1551;
(4) a basic plan under Chapter 1575;
(5) a primary care coverage plan under Chapter 1579;
(6) a plan providing basic coverage under Chapter
1601;
(7) health benefits provided by or through a church
benefits board under Subchapter I, Chapter 22, Business
Organizations Code;
(8) the state Medicaid program, including the Medicaid
managed care program operated under Chapters 540 and 540A [Chapter
533], Government Code;
(9) the child health plan program under Chapter 62,
Health and Safety Code;
(10) a regional or local health care program operated
under Section 75.104, Health and Safety Code;
(11) a self-funded health benefit plan sponsored by a
professional employer organization under Chapter 91, Labor Code;
(12) county employee group health benefits provided
under Chapter 157, Local Government Code; and
(13) health and accident coverage provided by a risk
pool created under Chapter 172, Local Government Code.
SECTION 11.010. Section 1451.209(e), Insurance Code, is
amended to conform to Chapter 769 (H.B. 4611), Acts of the 88th
Legislature, Regular Session, 2023, to read as follows:
(e) This section does not apply:
(1) if access to a provider network contract is
granted to:
(A) a third party operating in accordance with
the same brand licensee program as the employee benefit plan
provider, health insurance policy issuer, or other contracting
entity selling or leasing the provider network contract, provided
that the third party accessing the provider network contract agrees
to comply with all of the original contract's terms, including the
contracted fee schedule and obligations concerning patient
steerage; or
(B) an entity that is an affiliate of the
employee benefit plan provider, health insurance policy issuer, or
other contracting entity selling or leasing the provider network
contract, provided that:
(i) the provider, issuer, or entity
publicly discloses the names of the affiliates on its Internet
website; and
(ii) the affiliate accessing the provider
network contract agrees to comply with all of the original
contract's terms, including the contracted fee schedule and
obligations concerning patient steerage;
(2) to the child health plan program under Chapter 62,
Health and Safety Code, or the health benefits plan for children
under Chapter 63, Health and Safety Code; or
(3) to a Medicaid managed care program operated under
Chapter 540 or 540A [533], Government Code, or a Medicaid program
operated under Chapter 32, Human Resources Code.
ARTICLE 12. CHANGES RELATING TO LABOR CODE
SECTION 12.001. Section 408.1615(a)(1), Labor Code, is
amended to conform to Chapter 765 (H.B. 4504), Acts of the 88th
Legislature, Regular Session, 2023, to read as follows:
(1) "First responder" means an individual who is:
(A) a peace officer under Article 2A.001 [2.12],
Code of Criminal Procedure;
(B) certified under Chapter 773, Health and
Safety Code, as an emergency care attendant, advanced emergency
medical technician, emergency medical technician-paramedic or a
licensed paramedic;
(C) a firefighter subject to certification by the
Texas Commission on Fire Protection under Chapter 419, Government
Code, whose principal duties are aircraft crash and rescue or fire
fighting; or
(D) an individual covered under Section 504.012
who is providing volunteer services as:
(i) a volunteer firefighter, regardless of
whether the individual is certified under Chapter 419, Government
Code; or
(ii) an emergency medical services
volunteer, as defined by Section 773.003, Health and Safety Code.
ARTICLE 13. CHANGES RELATING TO LOCAL GOVERNMENT CODE
SECTION 13.001. Section 81.029(a), Local Government Code,
as amended by Chapters 640 (H.B. 784) and 644 (H.B. 4559), Acts of
the 88th Legislature, Regular Session, 2023, is reenacted to read
as follows:
(a) This section applies only to a county judge in a county
that has a population of more than 800,000 and is located on the
international border, other than a county to which Section 81.0291
applies.
SECTION 13.002. Section 85.0011(a)(3), Local Government
Code, is amended to conform to Chapter 765 (H.B. 4504), Acts of the
88th Legislature, Regular Session, 2023, to read as follows:
(3) "Federal special investigator" means a person
described by Article 2A.002 [2.122], Code of Criminal Procedure.
SECTION 13.003. (a) Section 118.121, Local Government
Code, is amended to correct a typographical error to read as
follows:
Sec. 118.121. FEE SCHEDULE. A justice of the peace shall
collect the following fees for services rendered after judgment
(Sec. 118.123):
(1) Transcript . . . . . . $10.00
(2) Abstract of judgment . . . . . . $5.00
(3) Execution, order of sale, writ of restitution, or
other writ or process . . . $5.00 per page
(4) Certified copy of court papers . . . $2.00 for
first page
. . . $0.25 for each additional page
(5) Issuing other document (no return required) . . .
$1.00 for first page
. . . $0.25 for each additional page
(b) Sections 118.123(a), (b), and (d), Local Government
Code, are amended to conform to Section 3.08, Chapter 472 (S.B. 41),
Acts of the 87th Legislature, Regular Session, 2021, to read as
follows:
(a) The fees [fee] for "Services rendered after judgment"
under Section 118.121 apply [118.121(2) applies] to a civil matter
in a justice court or small claims court.
(b) The fee for a "Transcript" under Section 118.121(1)
[118.121(2)] is for making and certifying a transcript of the
entries on a docket and, in the case of an appeal or certiorari, for
filing the transcript with the original papers of the case in the
proper court.
(d) The fee for an "Execution, order of sale, writ of
restitution, or other writ or process" under Section 118.121(3)
[118.121(2)] is for issuing and recording the return on any of those
documents. The fee applies only to a writ or process for the
issuance of which another fee is not provided by this subchapter.
(c) Section 118.123(e), Local Government Code, is amended
to correct a reference to read as follows:
(e) The fee for "Issuing other document (no return
required)" under Section 118.121(5) [118.121(2)] is for issuing a
certificate, notice, statement, or any other document, except for a
certified copy of court papers, that a justice of the peace is
authorized or required to issue on which a return is not to be
recorded. The fee must be paid at the time the order is placed.
(d) Section 118.1235, Local Government Code, is amended to
correct a reference to read as follows:
Sec. 118.1235. FEE FOR CERTIFIED COPY. The fee for
"Certified copy of court papers" under Section 118.121(4)
[118.121(2)] is for issuing a certified copy of a paper filed in a
justice court or a small claims court. The fee must be paid at the
time the order is placed.
SECTION 13.004. Section 134.156(a), Local Government Code,
is amended to conform to Chapter 765 (H.B. 4504), Acts of the 88th
Legislature, Regular Session, 2023, to read as follows:
(a) In a county or municipality that employs or contracts
with a juvenile case manager under Article 45A.451 [45.056], Code
of Criminal Procedure, money allocated under Section 134.103 to the
local youth diversion fund maintained in the county or municipal
treasury as required by Section 134.151 may be used by a county or
municipality to finance the salary, benefits, training, travel
expenses, office supplies, and other necessary expenses relating to
the position of a juvenile case manager. If there is money in the
fund after those costs are paid, subject to the direction of the
governing body of the county or municipality and on approval by the
employing court, a juvenile case manager may direct the remaining
money to be used to implement programs directly related to the
duties of the juvenile case manager, including juvenile alcohol and
substance abuse programs, educational and leadership programs, and
any other projects designed to prevent or reduce the number of
juvenile referrals to the court.
SECTION 13.005. Section 212.072(b-1), Local Government
Code, is amended to correct a reference to read as follows:
(b-1) In addition, if the municipality has a population of
1.8 million or more, the municipality may participate at a level not
to exceed 100 percent of the total contract price for all required
drainage improvements related to the development and construction
of affordable housing. Under this subsection, affordable housing
is defined as housing which is equal to or less than the median
sales price, as determined by the Texas Real Estate Research Center
at Texas A&M University, of a home in the Metropolitan Statistical
Area (MSA) in which the municipality is located.
ARTICLE 14. CHANGES RELATING TO NATURAL RESOURCES CODE
SECTION 14.001. Section 133.003, Natural Resources Code, is
amended to conform to Chapter 706 (H.B. 2847), Acts of the 78th
Legislature, Regular Session, 2003, by adding Subdivision (6-a) and
amending Subdivision (27) to read as follows:
(6-a) "Department" means the Texas Department of
Transportation.
(27) "Unacceptable unsafe location" means a condition
where the edge of a pit is located within 200 feet of a public
roadway intersection in a manner which, in the judgment of the
department [commission]:
(A) presents a significant risk of harm to public
motorists by reason of the proximity of the pit to the roadway
intersection; and,
(B) has no naturally occurring or artificially
constructed barrier or berm between the road and pit that would
likely prevent a motor vehicle from accidentally entering the pit
as the result of a motor vehicle collision at or near the
intersection; or which,
(C) in the opinion of the department
[commission], is also at any other location constituting a
substantial dangerous risk to the driving public, which condition
can be rectified by the placement of berms, barriers, guardrails,
or other devices as prescribed by this code.
SECTION 14.002. Subchapter B, Chapter 133, Natural
Resources Code, is amended to conform to Chapter 706 (H.B. 2847),
Acts of the 78th Legislature, Regular Session, 2003, to read as
follows:
SUBCHAPTER B. AUTHORITY OF DEPARTMENT [COMMISSION]
Sec. 133.011. GENERAL AUTHORITY OF THE DEPARTMENT
[COMMISSION]. To accomplish the limited purposes of this chapter,
the department [commission] may:
(1) with proper notice to all parties affected, adopt
rules and regulations consistent with the provisions of this
chapter and issue orders necessary to implement and enforce this
chapter;
(2) conduct research necessary for the discharge of
its duties under this chapter;
(3) collect and make available to the public
information relating to the inventory and classification of
quarries, including maps and other technical data;
(4) apply for, accept, receive, and administer grants,
gifts, loans, or other funds from any source; and
(5) hold public hearings, take written sworn
testimony, hear witnesses upon oath, and consider reports in regard
to the classifications of pits within the definitions of hazardous
proximity to a public road and unacceptable unsafe location,
issuing rules and orders in relation thereto.
Sec. 133.012. INVENTORY OF ACTIVE, INACTIVE, AND ABANDONED
QUARRIES AND PITS. (a) The department [commission] shall
inventory, classify, and maintain a log according to the degree of
hazard, proximity to public roads, age, and current use of all
existing, inactive, or abandoned quarries that have a pit perimeter
that is in hazardous proximity to a public road, and those pits that
are in an unacceptable unsafe location.
(b) The department [commission] shall keep a current log of
all quarries that are required to be inventoried under Subsection
(a) of this section, including such quarries and pits for which
initial operations begin after June 30, 1991.
Sec. 133.013. DETERMINATION OF STATUS. After notice and
hearing, the department [commission] may determine whether a quarry
or pit has been abandoned, is active, or is inactive.
SECTION 14.003. Section 133.021(b), Natural Resources
Code, is amended to conform to Chapter 706 (H.B. 2847), Acts of the
78th Legislature, Regular Session, 2003, to read as follows:
(b) Where a conflict arises in identifying a person
responsible for the pit, the department [commission] may hold a
public hearing.
SECTION 14.004. Section 133.031, Natural Resources Code, is
amended to conform to Chapter 706 (H.B. 2847), Acts of the 78th
Legislature, Regular Session, 2003, to read as follows:
Sec. 133.031. REPORT OF ABANDONED OR INACTIVE QUARRY OR
PIT. (a) On or before March 1, 1992, the person responsible for an
abandoned quarry or pit shall report to the department
[commission].
(b) On or before March 1, 1992, the person responsible for a
quarry or pit that became inactive before January 1, 1991, and did
not resume operations before June 30, 1991, shall report to the
department [commission].
SECTION 14.005. Section 133.032, Natural Resources Code, is
amended to conform to Chapter 706 (H.B. 2847), Acts of the 78th
Legislature, Regular Session, 2003, to read as follows:
Sec. 133.032. REPORT OF AN ACTIVE QUARRY OR PIT. On or
before October 1, 1991, the person responsible for a quarry or pit
that is active on June 30, 1991, shall report to the department
[commission].
SECTION 14.006. Subchapter D, Chapter 133, Natural
Resources Code, is amended to conform to Chapter 706 (H.B. 2847),
Acts of the 78th Legislature, Regular Session, 2003, to read as
follows:
SUBCHAPTER D. SAFETY AND CERTIFICATION
Sec. 133.041. BARRIERS REQUIRED. (a) A person responsible
for an active pit must construct a barrier or other device required
by this code between a public road adjoining the site and a pit,
provided the pit is in hazardous proximity to the public road.
(b) A person responsible for an abandoned or inactive pit
must construct a barrier or other device required by this code
between a public road adjoining the site and the pit, provided that
the pit is in hazardous proximity to a public road and in an
unacceptable unsafe location. The department [commission] may
grant a waiver from the barrier requirement if the person
responsible for the abandoned or inactive pit submits an
application to the department [commission] showing that:
(1) a governmental entity obtained a right-of-way and
constructed a public road within 200 feet of the abandoned or
inactive pit before August 26, 1991; and
(2) the pit has remained abandoned or inactive since
the road was constructed.
(c) The responsible party may choose to slope the sidewalls
of a pit in place of constructing a berm or barrier, provided that
in the opinion of the responsible party such corrective measure
better serves the public safety and provided that the slope shall
not exceed 30 degrees from the horizontal.
(d) The barrier or other device must be completed not later
than the 90th day after the day on which the person responsible for
the quarry or pit receives a notice of approval under Section
133.048(b) of this code. An additional time of not more than 60
days may be granted by the department [commission] for good cause
shown. If the responsible person must obtain an easement before
constructing the barrier or other device, the department
[commission] may grant additional reasonable time to complete the
barrier or other device.
Sec. 133.042. CONSTRUCTION STANDARDS. (a) A barrier
constructed under Section 133.041 of this code must:
(1) reach a height that the department [commission]
determines that under the circumstances will obstruct, restrain,
and prevent the normal passage of vehicular traffic;
(2) be of substantial construction suitable for impact
under normal driving conditions; and
(3) have openings to the extent necessary for travel
on the premises and for public road drainage, although such
drainage paths must be covered with protective material,
substantial enough to turn away motor vehicular traffic that
normally travels the adjacent public road.
(b) The department [commission] may not adopt construction
standards for barriers under Subsection (a) that are more stringent
than department [the Texas Department of Transportation] standards
under other law.
(c) In the event the department [commission] determines
that the pit location as detailed in the quarry safety plan or other
application will contain substantial soil types of such density and
other factors that will have a high probability of holding or
impounding water, when the pit is operating, inactive, or
abandoned, wherein the impoundment of water poses a definite and
determinable unreasonable risk to human health and safety as set
out in this code, the department [commission] may require the
responsible party operating soil, dirt, clay, gravel, sand, caliche
and clay pits to slope the sidewalls as an additional requirement to
obtain a safety certificate or to alter the berm or barrier.
Sec. 133.043. CONSTRUCTION COSTS. (a) The department
[commission] shall adopt and implement rules, standards, or
procedures necessary to obtain funds that are or may become
available under the federal act, or any federal or state law, for
the cost of constructing barriers required by this code.
(b) The person responsible for the pit shall pay the cost of
constructing a barrier to the extent that person is unable to obtain
funds available under any state, municipal, or federal source.
Sec. 133.044. PROHIBITION AGAINST OPENING PITS. (a) From
and after November 1, 1991, no person responsible may open a new pit
on a site for the extraction of aggregates in this state wherein the
pit perimeter will be less than 25 feet from the outer right-of-way
line of any public road or highway ("the setback distance").
(b) From and after November 1, 1991, no person responsible
may open a new pit on a site for the extraction of aggregates in this
state wherein the pit perimeter is in hazardous proximity to a
public road without first filing a quarry safety plan detailing how
the applicant intends to comply with the safety provisions of this
code in the opening and closing of the pit.
(c) The quarry safety plan must:
(1) set out the information required in Section
133.046 et seq. of this code; and
(2) be filed by the applicant at least 60 days prior to
the opening of the pit; and
(3) contain a statement as to the yearly progress of
the encroachment of the pit perimeter within the hazardous
proximity to a public road, if any, and the type of berm or barrier
or other device required by this code that will be erected; and
(4) be in writing, certified and sworn to the
applicant; and
(5) contain any other information relating to safety
matters as the department [commission] by rule or regulation deems
essential to the implementation of this code.
Sec. 133.045. SAFETY CERTIFICATE REQUIRED. (a) A safety
certificate is required for an active, inactive, or abandoned
quarry or pit that is located in hazardous proximity to a public
road or is in an unacceptable unsafe location, excluding an
inactive or abandoned quarry or pit that receives a written waiver
from the department [commission].
(b) From and after November 1, 1991, unless a person
responsible for a quarry or pit has obtained from the department
[commission] a certificate that a quarry or pit complies with this
subchapter and rules or orders adopted under this subchapter, and
subject to Subsection (c) of this section, the person responsible
may not:
(1) open a new pit in hazardous proximity to a public
road; and
(2) locate a pit in an area wherein it is in an
unacceptable unsafe location; or
(3) reopen, operate, or abandon a quarry or pit that is
in hazardous proximity to a public road and in an unacceptable
unsafe location; and
(4) provided, however, that the person responsible
must have received a notice from the department [commission] that
the quarry or pit requires the operator to obtain a safety
certificate, before that person is prohibited from operating or
maintaining the quarry or pit without a safety certificate.
(c) Any person responsible who, on November 1, 1991, is
utilizing a portion of a site for quarrying operations, including
the stockpiling, sale, or processing of aggregates or a combination
thereof, or who has a current, valid, or outstanding agreement or
legal right to develop, utilize, or quarry the property, shall be
responsible for obtaining a safety certificate limited to that
specific pit area he is using or excavating or intends to use or
excavate.
(d) A person responsible for a quarry or pit may operate the
pit during a period that is described by Subsection (a) or (c) of
Section 133.052 of this code.
(e) In the event a quarry or pit previously not within the
proscribed distance in the definition of "in hazardous proximity to
a public road" and not initially within the purview of
"unacceptable unsafe location" later becomes subject to regulation
as the result of an expansion or relocation of an existing public
road or construction of a new public road, the person or entity
responsible for the expansion or relocation of the existing public
road or construction of a new public road shall be liable to report
the same to the department [commission] within 90 days of the date
the expansion, relocation, or construction is finally
accomplished.
(f) The department [commission] shall provide such rules
and regulations to require the person or entity responsible for the
expansion or relocation to erect berms or barriers.
(g) For the purposes of this subsection, the person or
entity responsible for the erection of berms or barriers is that
person or entity having the original and initial legal authority
and responsibility for the initiation and contracting of the
expansion or relocation.
Sec. 133.046. FORM AND CONTENTS OF APPLICATION. (a) The
department [commission] by rule shall prescribe the form of an
application for a safety certificate.
(b) An application for a safety certificate must contain not
more than:
(1) the name, address, and telephone number of the
person responsible for the quarry or pit;
(2) the name, address, and telephone number of the
owner or owners if different from the person responsible for the
quarry or pit;
(3) the type of quarrying activities, if any,
occurring on the site;
(4) a brief description of the site, including the
acreage outside and inside the pit;
(5) the distance of each pit perimeter from the
nearest roadway edge of each public road that the site adjoins and
the nearest intersection of any public or private road or driveway;
(6) the depth in feet, below the top of the pit
highwall located between the pit and the roadway, of the deepest
excavation in the pit;
(7) a description of and a construction plan for any
barrier or other device allowed in this code to be constructed,
specifying the material to be used and the expected date of
completion; and
(8) any other information or condition that, in the
opinion of the operator or owner, constitutes an unacceptable
unsafe location, as defined or required by this Act that is
absolutely essential to the purposes of this Act.
Sec. 133.047. APPLICATION FEE. (a) The department
[commission] may require the payment of an application fee.
(b) The department [commission] shall set the fee in an
amount reasonably necessary to cover the department's
[commission's] cost of carrying out this chapter, but not more
than:
(1) $500 for an active aggregate quarry or pit;
(2) $500 for an inactive or abandoned aggregate quarry
or pit unless the responsible party is a governmental entity in
which case the fee shall be no more than $350.
Sec. 133.048. REVIEW OF APPLICATION. (a) Not later than
the 10th day after the day on which an application for a safety
certificate is received, the department [commission] shall review
the application and the plan and determine if each complies with
this subchapter, and with rules or orders adopted under this
subchapter, and issue such findings and conclusions as may be
necessary.
(b) If the application and plan comply with this subchapter,
and rules or orders adopted under this subchapter, the department
[commission] must approve the application and notify the applicant
in writing of the department's [commission's] decision.
(c) If the department [commission] determines that an
application or plan does not comply with this subchapter and rules
or orders adopted under this subchapter, the department
[commission] must notify the applicant in writing of the
department's [commission's] decision, specifying any defects.
(d) Any notices required under Subsections (b) and (c) of
this section must be mailed to the applicant certified mail,
postage prepaid, return receipt requested, not later than the fifth
day after the day on which the department [commission] approves or
disapproves the application.
(e) An applicant who receives notice of denial under
Subsections (c) and (d) of this section may submit, not later than
the 30th day after the day on which the notice is received, a
modified application or plan.
(f) Not later than the fifth day after the day on which the
department [commission] receives a modified application or plan,
the department [commission] must approve or deny the modified
application or plan and notify the applicant in writing of the
department's [commission's] decision.
(g) The department [commission] shall first review
applications for sites that have been abandoned and that are within
the setback distances.
Sec. 133.049. INSPECTION OF BARRIERS. Within 15 days of the
time in which construction of barriers required by Section 133.041
of this code and described in an approved application is required to
be completed, the department [commission] may inspect those
barriers to determine whether they meet the requirements of this
subchapter.
Sec. 133.050. ISSUANCE OF CERTIFICATE. (a) If, after
inspection, the department [commission] determines that the
barriers described in an approved application conform with the plan
and comply with this subchapter, and the rules or orders adopted
under this subchapter, the department [commission] must issue a
safety certificate to the person responsible for the pit.
(b) If, after inspection, the department [commission]
determines that a barrier does not comply with this subchapter or a
rule or order adopted under this subchapter, the department
[commission] shall give the applicant written notice of any defects
in that barrier and shall allow the applicant a reasonable time, not
to exceed 60 days from the day notice is received, to cure the
defects.
Sec. 133.051. TRANSFER OF CERTIFICATE AFTER TRANSFER OF
TITLE. (a) A person holding a safety certificate has the full
right, power, and authority to transfer the certificate upon the
sale, lease, or other transfer of title to the site, provided the
new owner, operator, lessor or lessee, or party in interest files a
written affidavit that:
(1) all barriers between a pit and the nearest roadway
edge of any public road comply with this subchapter, and rules and
orders adopted by this subchapter; and
(2) there will be no change, on or after the day of the
transfer of title or operation, in:
(A) the condition or location of a barrier; and
(B) the distance of a pit perimeter from:
(i) the nearest public road; and
(ii) the nearest intersection of a public
road and a private road or driveway.
(b) The transfer affidavit must be filed not later than the
30th day after the day on which the transfer of title to or
operation of the quarry or pit occurs.
(c) Except as provided by Section 133.053(a) of this code,
the department [commission] must process and approve a transfer of
a safety certificate not later than the 10th day after the day on
which the department [commission] receives a completed transfer
affidavit.
(d) The department [commission] may require the payment of a
reasonable fee for processing the transfer affidavit, not to exceed
the actual administrative costs of receipt and processing, which
amount shall not be more than $250.
(e) The hypothecating, mortgaging, or other transfer of
equitable title or a pledge of any assets to creditors of the
operator or owner shall not require the filing of a transfer
affidavit.
Sec. 133.052. RECERTIFICATION AFTER TRANSFER OF TITLE. (a)
Unless proper transfer affidavit is filed pursuant to this
subchapter, or an application for an amended certificate as
required by Subsection (b) of this section is pending, an existing
safety certificate expires on the 90th day after the day on which a
sale, lease, or other transfer of title to or operation of the
quarry or pit for which the certificate was issued occurs.
(b) To obtain an amended or new safety certificate, a new
owner, operator, lessor, or lessee must submit an application and
plan as required by Section 133.046 of this code not later than the
30th day after the day on which the transfer of title to the quarry
or pit occurs or a change in the activities of the quarry or pit
necessitates.
(c) If an application for a new certificate has been
submitted as required by Subsection (b) of this section, the
existing safety certificate continues in effect until the
department's [commission's] decision either approving or
disapproving the new or amended certificate is issued and becomes
final.
Sec. 133.053. DENIAL OR REVOCATION OF CERTIFICATE. (a) At
its option, the department [commission] may not issue or approve
the transfer of a certificate to a person who has violated this
chapter or a rule or order adopted under this chapter.
(b) The department [commission] may revoke or disapprove
the transfer of a safety certificate issued under this subchapter
only if, after notice and hearing, the department [commission]
determines that the holder of the certificate has violated this
chapter or a rule or order adopted under this chapter.
Sec. 133.054. CESSATION OF ACTIVE PIT OPERATIONS. (a) The
responsible party who plans or intends to cease active operations
in a quarry or pit subject to the provisions of this code shall, 60
days prior to cessation of operations, notify the department
[commission] of its intent and submit any additional plans the
operator determines necessary to protect the public good and
welfare after the cessation of operations. The department
[commission] may charge a fee for the actual costs of processing the
notice, which fee shall not exceed $500.
(b) The department [commission] shall have inspected the
quarry and pit within 10 days after receipt of the notice in order
to ensure compliance with the provisions of this chapter and any
additional plans by the operator as may be submitted pursuant to
Subsection (a) of this section.
(c) Upon inspection, the department [commission] shall have
10 days to notify the operator of compliance, or lack thereof, and
in the event of compliance shall issue a safety certificate
pursuant to Section 133.050 of this code.
(d) In the event of noncompliance, the department
[commission] shall follow the procedures as set out in Section
133.048 et seq. of this code.
SECTION 14.007. Section 133.081, Natural Resources Code, is
amended to conform to Chapter 706 (H.B. 2847), Acts of the 78th
Legislature, Regular Session, 2003, to read as follows:
Sec. 133.081. NOTICE OF VIOLATION; TIME TO CURE. (a) On
receipt of a complaint or a violation of this chapter or a rule or
order adopted under this chapter or on its own motion, the
department [commission] must give the person responsible for the
quarry or pit written notice of each alleged violation, including
the applicable statutory reference, and rule or order so violated
and its relation thereto, and the date, time, and place for a
hearing.
(b) If, after notice and a hearing, the department
[commission] determines that a violation has occurred, the
department [commission] must make written findings of the actual or
threatened violation and the required corrective work and shall
prescribe by order a specific period, commensurate with the work to
be done but not to exceed 90 days from the date of the order, during
which the corrective work must be done, unless an extension of time
for good cause shown by the person responsible is granted by the
department [commission].
(c) If the responsible party fails to perform corrective
work required by the department [commission] under Subsection (b)
of this section within 120 days after notice is given to the
responsible party, the department [commission] may contract for the
corrective work to be done at reasonable, customary, and ordinary
costs applicable in the industry. Such costs shall be submitted
within 30 days of the date the work is finished, and the responsible
party shall have 60 days to pay the costs or appeal the decision. In
the event the responsible party fails to pay the costs as presented
or fails timely to contest or appeal the costs as presented by the
department [commission], the department [commission] shall have
the right to impose such fine or injunction as is warranted,
consistent with the provisions of Section 133.082 et seq.
SECTION 14.008. Section 133.083(a), Natural Resources
Code, is amended to conform to Chapter 706 (H.B. 2847), Acts of the
78th Legislature, Regular Session, 2003, to read as follows:
(a) The department [commission] may enforce this chapter or
a rule or order adopted under this chapter by injunction or other
appropriate remedy.
SECTION 14.009. Section 133.084, Natural Resources Code, is
amended to conform to Chapter 706 (H.B. 2847), Acts of the 78th
Legislature, Regular Session, 2003, to read as follows:
Sec. 133.084. RECOVERY OF COSTS. A person responsible for a
quarry or pit is liable to the state for customary, ordinary, and
reasonable costs incurred by the department [commission] in
undertaking corrective or enforcement action under this chapter and
for court costs and attorney's fees.
SECTION 14.010. Section 133.085(a), Natural Resources
Code, is amended to conform to Chapter 706 (H.B. 2847), Acts of the
78th Legislature, Regular Session, 2003, to read as follows:
(a) At the request of the department [commission], the
attorney general shall bring suit for injunctive or other relief,
to recover a civil penalty or costs as provided by Section 133.082
or 133.084 of this code, or for both injunctive or other relief and
to recover a civil penalty or costs.
SECTION 14.011. Section 133.093, Natural Resources Code, is
amended to conform to Chapter 706 (H.B. 2847), Acts of the 78th
Legislature, Regular Session, 2003, to read as follows:
Sec. 133.093. CONFLICT WITH DEPARTMENT [COMMISSION] RULE.
A county may not adopt regulations for aggregate quarries and pits
which are regulated by the department [commission].
SECTION 14.012. Section 133.003(5), Natural Resources
Code, is repealed.
ARTICLE 15. CHANGES RELATING TO OCCUPATIONS CODE
SECTION 15.001. Section 455.152, Occupations Code, as
amended by Chapters 13 (S.B. 483) and 440 (H.B. 2016), Acts of the
88th Legislature, Regular Session, 2023, is reenacted and amended
to read as follows:
Sec. 455.152. INELIGIBILITY FOR LICENSE. A person is not
eligible for a license as a massage establishment, massage school,
massage therapist, or massage therapy instructor if the person is
an individual and has been convicted of, entered a plea of nolo
contendere or guilty to, or received deferred adjudication for:
(1) an offense under Chapter 20A, Penal Code [Section
22.011 or 22.021 Penal Code], or Section 43.021, 43.03, 43.031,
43.04, 43.041, or 43.05, Penal Code; [or]
(2) an offense under federal law or the laws of another
state containing elements that are substantially similar to the
elements of an offense described by Subdivision (1); or
(3) an offense under Section 22.011 or 22.021, Penal
Code.
SECTION 15.002. Section 1701.2515(b), Occupations Code, is
amended to correct an error in enrolling Senate Bill 999, Acts of
the 88th Legislature, Regular Session, 2023, to read as follows:
(b) An individual or a legal entity may not provide active
shooter training to peace officers of [students or employees at] a
public primary or secondary school or an institution of higher
education unless:
(1) the individual providing the instruction is
certified by the commission under this section to provide the
training; and
(2) if the training is provided by a legal entity, both
the legal entity and the individual providing the instruction on
behalf of the legal entity are certified by the commission under
this section to provide the training.
ARTICLE 16. CHANGES RELATING TO PARKS AND WILDLIFE CODE
SECTION 16.001. Section 11.032(b), Parks and Wildlife Code,
as amended by Chapters 235 (H.B. 2755) and 334 (H.B. 4018), Acts of
the 88th Legislature, Regular Session, 2023, is reenacted and
amended to read as follows:
(b) The department shall deposit to the credit of the game,
fish, and water safety account all revenue, less allowable costs,
from the following sources:
(1) all types of fishing licenses and stamps and
shrimping licenses;
(2) all types of hunting licenses and stamps;
(3) trapping licenses and other licenses relating to
the taking, propagation, and sale of fur-bearing animals or their
pelts;
(4) sale of marl, sand, gravel, shell, and mudshell;
(5) oyster bed rentals and permits;
(6) federal funds received for fish and wildlife
research, management, development and conservation, resource
protection, and law enforcement, unless the funds are received for
the specific purposes of Subchapter F, Chapter 77;
(7) sale of property, less advertising costs,
purchased from this account or a special fund or account that is now
part of this account;
(8) fines and penalties collected for violations of a
law pertaining to the protection and conservation of wild birds,
wild fowl, wild animals, fish, shrimp, oysters, game birds and
animals, fur-bearing animals, alligators, and any other wildlife
resources of this state;
(9) sale of rough fish by the department;
(10) fees for importation permits;
(11) fees from supplying fish for or placing fish in
water located on private property;
(12) sale of seized pelts;
(13) sale or lease of grazing rights to and the
products from game preserves, sanctuaries, and management areas;
(14) contracts for the removal of fur-bearing animals
and reptiles from wildlife management areas;
(15) vessel registration fees;
(16) vessel manufacturer or dealer licensing fees;
(17) fines or penalties imposed by a court for
violation of water safety laws contained in Chapter 31 of this code;
(18) alligator hunter's or alligator buyer's licenses;
(19) sale of alligators or any part of an alligator by
the department;
(20) fees and revenue collected under Section
11.027(b) or (c) of this code that are associated with the
conservation of fish and wildlife;
(21) fees related to cultivated oyster mariculture;
(22) vessel and outboard motor titling fees;
(23) participation fees collected under Section
43.976;
(24) money received by the department from:
(A) boater education program courses and
examinations administered under Section 31.108; and
(B) boater education deferrals issued under the
program established under Section 31.110(c); [and]
(25) [(24)] money received by the department from
carbon sequestration or similar ecosystem services projects
described by Section 11.302(b)(1); and
(26) [(25)] any other source provided by law.
ARTICLE 17. CHANGES RELATING TO PENAL CODE
SECTION 17.001. Section 21.08(b), Penal Code, as amended by
Chapters 351 (S.B. 1179) and 822 (H.B. 1730), Acts of the 88th
Legislature, Regular Session, 2023, is reenacted and amended to
read as follows:
(b) An offense under this section is a Class B misdemeanor,
except that the offense is:
(1) a Class A misdemeanor if it is shown on the trial
of the offense that the defendant has been previously convicted one
time of an offense under this section; [and]
(2) a state jail felony if it is shown on the trial of
the offense that the defendant has been previously convicted two or
more times of an offense under this section; and
(3) a felony of the third degree if the actor is
civilly committed as a sexually violent predator under Chapter 841,
Health and Safety Code.
SECTION 17.002. Section 28.09(a)(3), Penal Code, is amended
to conform to Chapter 765 (H.B. 4504), Acts of the 88th Legislature,
Regular Session, 2023, to read as follows:
(3) "Drone" has the meaning assigned by Article
2B.0253 [2.33], Code of Criminal Procedure[, as added by Chapter
1011 (H.B. 1758), Acts of the 87th Legislature, Regular Session,
2021].
SECTION 17.003. Section 42.07(a), Penal Code, as amended by
Chapters 839 (H.B. 2715) and 1118 (H.B. 1427), Acts of the 88th
Legislature, Regular Session, 2023, is reenacted and amended to
read as follows:
(a) A person commits an offense if, with intent to harass,
annoy, alarm, abuse, torment, or embarrass another, the person:
(1) initiates communication and in the course of the
communication makes a comment, request, suggestion, or proposal
that is obscene;
(2) threatens, in a manner reasonably likely to alarm
the person receiving the threat, to inflict bodily injury on the
person or to commit a felony against the person, a member of the
person's family or household, or the person's property;
(3) conveys, in a manner reasonably likely to alarm
the person receiving the report, a false report, which is known by
the conveyor to be false, that another person has suffered death or
serious bodily injury;
(4) causes the telephone of another to ring repeatedly
or makes repeated telephone communications anonymously or in a
manner reasonably likely to harass, annoy, alarm, abuse, torment,
embarrass, or offend another;
(5) makes a telephone call and intentionally fails to
hang up or disengage the connection;
(6) knowingly permits a telephone under the person's
control to be used by another to commit an offense under this
section;
(7) sends repeated electronic communications in a
manner reasonably likely to harass, annoy, alarm, abuse, torment,
embarrass, or offend another;
(8) publishes on an Internet website, including a
social media platform, repeated electronic communications in a
manner reasonably likely to cause emotional distress, abuse, or
torment to another person, unless the communications are made in
connection with a matter of public concern; [or]
(9) tracks or monitors the personal property or motor
vehicle of another person, without the other person's effective
consent, including by:
(A) using a tracking application on the person's
personal electronic device or using a tracking device; or
(B) physically following the other person or
causing any person to physically follow the other person; or
(10) [(9)] makes obscene, intimidating, or
threatening telephone calls or other electronic communications
from a temporary or disposable telephone number provided by an
Internet application or other technological means.
SECTION 17.004. Section 46.15(a), Penal Code, as amended by
Chapters 501 (H.B. 2291), 765 (H.B. 4504), and 1077 (S.B. 599),
Acts of the 88th Legislature, Regular Session, 2023, is reenacted
and amended to read as follows:
(a) Sections 46.02 and 46.03 do not apply to:
(1) peace officers or special investigators under
Article 2A.002, Code of Criminal Procedure, and neither section
prohibits a peace officer or special investigator from carrying a
weapon in this state, including in an establishment in this state
serving the public, regardless of whether the peace officer or
special investigator is engaged in the actual discharge of the
officer's or investigator's duties while carrying the weapon;
(2) parole officers, and neither section prohibits an
officer from carrying a weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) in compliance with policies and procedures
adopted by the Texas Department of Criminal Justice regarding the
possession of a weapon by an officer while on duty;
(3) community supervision and corrections department
officers appointed or employed under Section 76.004, Government
Code, and neither section prohibits an officer from carrying a
weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) authorized to carry a weapon under Section
76.0051, Government Code;
(4) an active or retired judicial officer as defined
by Section 411.201, Government Code, who is licensed to carry a
handgun under Subchapter H, Chapter 411, Government Code;
(5) an honorably retired peace officer or other
qualified retired law enforcement officer, as defined by 18 U.S.C.
Section 926C, who holds a certificate of proficiency issued under
Section 1701.357, Occupations Code, and is carrying a photo
identification that is issued by a federal, state, or local law
enforcement agency, as applicable, and that verifies that the
officer is an honorably retired peace officer or other qualified
retired law enforcement officer;
(6) the attorney general or a United States attorney,
district attorney, criminal district attorney, county attorney, or
municipal attorney who is licensed to carry a handgun under
Subchapter H, Chapter 411, Government Code;
(7) an assistant United States attorney, assistant
attorney general, assistant district attorney, assistant criminal
district attorney, or assistant county attorney who is licensed to
carry a handgun under Subchapter H, Chapter 411, Government Code;
(8) a bailiff designated by an active judicial officer
as defined by Section 411.201, Government Code, who is:
(A) licensed to carry a handgun under Subchapter
H, Chapter 411, Government Code; and
(B) engaged in escorting the judicial officer;
(9) a juvenile probation officer who is authorized to
carry a firearm under Section 142.006, Human Resources Code;
(10) a person who is volunteer emergency services
personnel if the person is:
(A) carrying a handgun under the authority of
Subchapter H, Chapter 411, Government Code; and
(B) engaged in providing emergency services;
[or]
(11) a person who:
(A) retired after serving as a judge or justice
described by Section 411.201(a)(1), Government Code; and
(B) is licensed to carry a handgun under
Subchapter H, Chapter 411, Government Code; or
(12) [(11)] a district or county clerk who is carrying
a handgun the clerk is licensed to carry under Subchapter H, Chapter
411, Government Code.
ARTICLE 18. CHANGES RELATING TO SPECIAL DISTRICT LOCAL LAWS CODE
SECTION 18.001. Section 7939.051, Special District Local
Laws Code, is transferred to Subchapter B, Chapter 8002, Special
District Local Laws Code, and redesignated as Section 8002.057,
Special District Local Laws Code, to read as follows:
Sec. 8002.057 [7939.051]. EMINENT DOMAIN. (a) The
district may exercise the power of eminent domain as provided by
this section only if the district submits a letter to the
comptroller not later than December 31, 2015, in accordance with
the requirements of Section 2206.101(b), Government Code, other
than the requirement that the letter be submitted by the date
specified by that section.
(b) Notwithstanding the expiration of the district's
authority to exercise the power of eminent domain under Section
2206.101(c), Government Code, the district may exercise the power
of eminent domain as provided by law applicable to the district on
or after the 90th day after the date the district submits a letter
in accordance with Subsection (a).
SECTION 18.002. Section 8370.102, Special District Local
Laws Code, is transferred to Subchapter B, Chapter 8261, Special
District Local Laws Code, and redesignated as Section 8261.053,
Special District Local Laws Code, to read as follows:
Sec. 8261.053 [8370.102]. NO ALLOCATION AGREEMENT.
Section 54.016(f), Water Code, does not apply to the district.
SECTION 18.003. The following provisions of the Special
District Local Laws Code are repealed:
(1) the heading to Chapter 7939;
(2) Subchapter A, Chapter 7939;
(3) the heading to Subchapter B, Chapter 7939;
(4) the heading to Chapter 8370;
(5) Subchapter A, Chapter 8370;
(6) the heading to Subchapter B, Chapter 8370; and
(7) Section 8370.101.
ARTICLE 19. CHANGES RELATING TO TAX CODE
SECTION 19.001. Section 25.025(a), Tax Code, as amended by
Chapters 76 (S.B. 617), 152 (S.B. 870), 430 (H.B. 1911), 765 (H.B.
4504), and 937 (S.B. 1525), Acts of the 88th Legislature, Regular
Session, 2023, is reenacted and amended to read as follows:
(a) This section applies only to:
(1) a current or former peace officer as defined by
Article 2A.001, Code of Criminal Procedure, and the spouse or
surviving spouse of the peace officer;
(2) the adult child of a current peace officer as
defined by Article 2A.001, Code of Criminal Procedure;
(3) a current or honorably retired county jailer as
defined by Section 1701.001, Occupations Code;
(4) an employee of the Texas Department of Criminal
Justice;
(5) a commissioned security officer as defined by
Section 1702.002, Occupations Code;
(6) an individual who shows that the individual, the
individual's child, or another person in the individual's household
is a victim of family violence as defined by Section 71.004, Family
Code, by providing:
(A) a copy of a protective order issued under
Chapter 85, Family Code, or a magistrate's order for emergency
protection issued under Article 17.292, Code of Criminal Procedure;
or
(B) other independent documentary evidence
necessary to show that the individual, the individual's child, or
another person in the individual's household is a victim of family
violence;
(7) an individual who shows that the individual, the
individual's child, or another person in the individual's household
is a victim of sexual assault or abuse, stalking, or trafficking of
persons by providing:
(A) a copy of a protective order issued under
Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a
magistrate's order for emergency protection issued under Article
17.292, Code of Criminal Procedure; or
(B) other independent documentary evidence
necessary to show that the individual, the individual's child, or
another person in the individual's household is a victim of sexual
assault or abuse, stalking, or trafficking of persons;
(8) a participant in the address confidentiality
program administered by the attorney general under Subchapter B,
Chapter 58, Code of Criminal Procedure, who provides proof of
certification under Article 58.059, Code of Criminal Procedure;
(9) a federal judge, a federal bankruptcy judge, a
marshal of the United States Marshals Service, a state judge, or a
family member of a federal judge, a federal bankruptcy judge, a
marshal of the United States Marshals Service, or a state judge;
(10) a current or former district attorney, criminal
district attorney, or county or municipal attorney whose
jurisdiction includes any criminal law or child protective services
matters;
(11) a current or former employee of a district
attorney, criminal district attorney, or county or municipal
attorney whose jurisdiction includes any criminal law or child
protective services matters;
(12) an officer or employee of a community supervision
and corrections department established under Chapter 76,
Government Code, who performs a duty described by Section 76.004(b)
of that code;
(13) a criminal investigator of the United States as
described by Article 2A.002(a), Code of Criminal Procedure;
(14) a current or honorably retired police officer or
inspector of the United States Federal Protective Service;
(15) a current or former United States attorney,
assistant United States attorney, federal public defender, deputy
federal public defender, or assistant federal public defender and
the spouse and child of the attorney or public defender;
(16) a current or former employee of the office of the
attorney general who is or was assigned to a division of that office
the duties of which involve law enforcement or are performed under
Chapter 231, Family Code;
(17) a medical examiner or person who performs
forensic analysis or testing who is employed by this state or one or
more political subdivisions of this state;
(18) a current or former member of the United States
armed forces who has served in an area that the president of the
United States by executive order designates for purposes of 26
U.S.C. Section 112 as an area in which armed forces of the United
States are or have engaged in combat;
(19) a current or former employee of the Texas
Juvenile Justice Department or of the predecessors in function of
the department;
(20) a current or former juvenile probation or
supervision officer certified by the Texas Juvenile Justice
Department, or the predecessors in function of the department,
under Title 12, Human Resources Code;
(21) a current or former employee of a juvenile
justice program or facility, as those terms are defined by Section
261.405, Family Code;
(22) a current or former employee of the Texas Civil
Commitment Office or the predecessor in function of the office or a
division of the office;
(23) a current or former employee of a federal judge or
state judge;
(24) a current or former child protective services
caseworker, adult protective services caseworker, or investigator
for the Department of Family and Protective Services or a current or
former employee of a department contractor performing child
protective services caseworker, adult protective services
caseworker, or investigator functions for the contractor on behalf
of the department;
(25) an elected public officer;
(26) a firefighter or volunteer firefighter or
emergency medical services personnel as defined by Section 773.003,
Health and Safety Code;
(27) a customs and border protection officer or border
patrol agent of United States Customs and Border Protection or the
spouse, surviving spouse, or adult child of a customs and border
protection officer or border patrol agent;
(28) [(27) a current or former attorney for the
Department of Family and Protective Services
[(27)] a current or former employee or contract staff
member of a university health care provider at a corrections
facility operated by the Texas Department of Criminal Justice or
the Texas Juvenile Justice Department; and
(29) [(28)] a current or former attorney for the
Department of Family and Protective Services.
SECTION 19.002. (a) Section 151.359(k), Tax Code, is
amended to conform to the expiration of Subchapters B and C, Chapter
313, Tax Code, on December 31, 2022, to read as follows:
(k) A data center is not eligible to receive an exemption
under this section if the data center is subject to an agreement
limiting the appraised value of the data center's property under
former Subchapter B or C, Chapter 313.
(b) Section 151.3595(j), Tax Code, is amended to conform to
the expiration of Subchapters B and C, Chapter 313, Tax Code, on
December 31, 2022, to read as follows:
(j) A data center is not eligible to receive an exemption
under this section if the data center is subject to an agreement
limiting the appraised value of the data center's property under
former Subchapter B or C, Chapter 313.
(c) Section 312.403(a), Tax Code, is amended to conform to
the expiration of Section 313.024(e), Tax Code, on December 31,
2022, to read as follows:
(a) In this section, "nuclear electric power generation"
means activities described in category 221113 of the 2002 North
American Industry Classification System [has the meaning assigned
by Section 313.024(e)].
(d) Section 313.006(a), Tax Code, is amended to conform to
the expiration of Section 313.021, Tax Code, on December 31, 2022,
to read as follows:
(a) In this section, "impact fee" means a charge or
assessment imposed against a qualified property, as defined by
former Section 313.021, in order to generate revenue for funding or
recouping the costs of capital improvements or facility expansions
for water, wastewater, or storm water services or for roads
necessitated by or attributable to property that receives a
limitation on appraised value under this chapter.
(e) Section 313.007, Tax Code, is repealed as executed.
(f) The heading to Subchapter E, Chapter 313, Tax Code, is
amended to conform to the expiration of Subchapters B and C, Chapter
313, Tax Code, on December 31, 2022, to read as follows:
SUBCHAPTER E. AVAILABILITY OF LIMITATION ON APPRAISED VALUE OR TAX
CREDIT AFTER PROGRAM EXPIRES OR IS REPEALED
SECTION 19.003. Section 351.1015(b), Tax Code, as amended
by Chapters 644 (H.B. 4559), 779 (H.B. 5012), 927 (S.B. 2220), and
1110 (S.B. 1057), Acts of the 88th Legislature, Regular Session,
2023, is reenacted and amended to read as follows:
(b) This section applies only to a qualified project located
in:
(1) a municipality with a population of at least
700,000 but less than 950,000 according to the most recent federal
decennial census; [or]
(2) a municipality that contains more than 70 percent
of the population of a county with a population of 1.5 million or
more;
(3) [(2)] a municipality described by Section
351.001(7)(B);
(4) [or
[(3)] a municipality described by Section
351.152(61); or
(5) [(2)] a municipality with a population of at least
two million.
SECTION 19.004. (a) Subsection (j), Section 351.1015, Tax
Code, as added by Chapter 1110 (S.B. 1057), Acts of the 88th
Legislature, Regular Session, 2023, is redesignated as Subsection
(j-1), Section 351.1015, Tax Code.
(b) Subsection (j), Section 351.1015, Tax Code, as added by
Chapter 779 (H.B. 5012), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Subsection (l), Section 351.1015,
Tax Code, and amended to read as follows:
(l) [(j)] For a municipality described by Subsection (b)(3)
or (4) [(b)(2) or (3)], the term "qualified project" also means a
venue described by Section 334.001(4)(A), Local Government Code,
and any related infrastructure.
ARTICLE 20. CHANGES RELATING TO TRANSPORTATION CODE
SECTION 20.001. Section 201.806(a), Transportation Code,
is amended to conform to Chapter 709 (H.B. 2190), Acts of the 88th
Legislature, Regular Session, 2023, to read as follows:
(a) The department shall:
(1) tabulate and analyze the vehicle collision reports
it receives; and
(2) annually or more frequently publish on the
department's Internet website statistical information derived from
the collision reports as to the number, cause, and location of
highway collisions, including information regarding the number of:
(A) collisions involving injury to, death of, or
property damage to a bicyclist or pedestrian;
(B) fatalities caused by a bridge collapse, as
defined by Section 550.081; and
(C) collisions [accidents] involving a trailer,
including the number of fatalities in those collisions [accidents].
SECTION 20.002. The heading to Subchapter Z, Chapter 257,
Transportation Code, is repealed to conform to the expiration of
Section 257.901, Transportation Code, on March 10, 2019.
SECTION 20.003. Section 550.064(b), Transportation Code,
is amended to conform to Chapter 709 (H.B. 2190), Acts of the 88th
Legislature, Regular Session, 2023, to read as follows:
(b) A collision report form prepared by the department must:
(1) require sufficiently detailed information to
disclose the cause and conditions of and the persons and vehicles
involved in a collision if the form is for the report to be made by a
person investigating the collision;
(2) include a way to designate and identify a peace
officer, firefighter, or emergency medical services employee who is
involved in a collision while driving a law enforcement vehicle,
fire department vehicle, or emergency medical services vehicle
while performing the person's duties;
(3) require a statement by a person described by
Subdivision (2) as to the nature of the collision;
(4) include a way to designate whether an individual
involved in a collision wants to be contacted by a person seeking to
obtain employment as a professional described by Section 38.01(12),
Penal Code; and
(5) include a way to indicate whether a trailer was
involved in the collision [accident] and, if so, whether the
collision [accident] resulted in any fatalities.
SECTION 20.004. Section 550.065(c), Transportation Code,
is amended to conform to Chapter 709 (H.B. 2190), Acts of the 88th
Legislature, Regular Session, 2023, to read as follows:
(c) On written request and payment of any required fee, the
department or the governmental entity shall release the information
to:
(1) an entity described by Subsection (b);
(2) the law enforcement agency that employs the peace
officer who investigated the collision and sent the information to
the department, including an agent of the law enforcement agency
authorized by contract to obtain the information;
(3) the court in which a case involving a person
involved in the collision is pending if the report is subpoenaed; or
(4) any person directly concerned in the collision or
having a proper interest therein, including:
(A) any person involved in the collision;
(B) the authorized representative of any person
involved in the collision;
(C) a driver involved in the collision;
(D) an employer, parent, or legal guardian of a
driver involved in the collision;
(E) the owner of a vehicle or property damaged in
the collision;
(F) a person who has established financial
responsibility for a vehicle involved in the collision in a manner
described by Section 601.051, including a policyholder of a motor
vehicle liability insurance policy covering the vehicle;
(G) an insurance company that issued an insurance
policy covering a vehicle involved in the collision;
(H) an insurance company that issued a policy
covering any person involved in the collision;
(I) a person under contract to provide claims or
underwriting information to a person described by Paragraph (F),
(G), or (H);
(J) a radio or television station that holds a
license issued by the Federal Communications Commission;
(K) a newspaper that is:
(i) a free newspaper of general circulation
or qualified under Section 2051.044, Government Code, to publish
legal notices;
(ii) published at least once a week; and
(iii) available and of interest to the
general public in connection with the dissemination of news;
(L) any person who may sue because of death
resulting from the collision; or
(M) an employee or authorized representative of a
vehicle storage facility, as defined by Section 2303.002,
Occupations Code, that stored a vehicle involved in the collision
[accident].
SECTION 20.005. Section 644.101(b), Transportation Code,
as amended by Chapters 584 (H.B. 2901), 644 (H.B. 4559), and 1072
(S.B. 540), Acts of the 88th Legislature, Regular Session, 2023, is
reenacted and amended to read as follows:
(b) A police officer of any of the following municipalities
is eligible to apply for certification under this section:
(1) a municipality with a population of 50,000 or
more;
(2) a municipality with a population of 25,000 or more
any part of which is located in a county with a population of
500,000 or more;
(3) a municipality with a population of less than
25,000:
(A) any part of which is located in a county with
a population of 3.3 million; and
(B) that contains or is adjacent to an
international port;
(4) a municipality with a population of at least
34,000 that is located in a county that borders two or more states;
(5) a municipality any part of which is located in a
county bordering the United Mexican States;
(6) a municipality with a population of less than
5,000 that is located:
(A) adjacent to a bay connected to the Gulf of
Mexico; and
(B) in a county adjacent to a county with a
population greater than 3.3 million;
(7) a municipality that is located:
(A) within 25 miles of an international port; and
(B) in a county that does not contain a highway
that is part of the national system of interstate and defense
highways and is adjacent to a county with a population greater than
3.3 million;
(8) a municipality with a population of less than
8,500 that:
(A) is the county seat; and
(B) contains a highway that is part of the
national system of interstate and defense highways;
(9) a municipality located in a county with a
population between 60,000 and 69,000 adjacent to a bay connected to
the Gulf of Mexico;
(10) a municipality with a population of more than
40,000 and less than 50,000 that is located in a county with a
population of more than 285,000 and less than 300,000 that borders
the Gulf of Mexico;
(11) a municipality with a population between 32,000
and 50,000 that is located entirely in a county that:
(A) has a population of less than 250,000;
(B) is adjacent to two counties that each have a
population of more than 1.2 million; and
(C) contains two highways that are part of the
national system of interstate and defense highways;
(12) a municipality with a population of more than
4,500 and less than 10,000 that:
(A) contains a highway that is part of the
national system of interstate and defense highways; and
(B) is located in a county with a population
between 175,000 and 190,000;
(13) a municipality with a population of less than
75,000 that is located in three counties, at least one of which has
a population greater than 3.3 million;
(14) a municipality with a population between 13,900
and 17,000 that:
(A) contains three or more numbered United States
highways; and
(B) is located in a county that is adjacent to a
county with a population of more than 200,000;
(15) a municipality with a population of less than
50,000 that is located in:
(A) a county that generated $20 million or more
in tax revenue collected under Chapters 201 and 202, Tax Code, from
oil and gas production during the preceding state fiscal year; or
(B) a county that is adjacent to two or more
counties described by Paragraph (A); [or]
(16) a municipality with a population of more than
2,000 that is located in a county:
(A) with a population of less than 200,000; and
(B) that borders:
(i) another state; and
(ii) the Gulf Intracoastal Waterway; or
(17) [(16)] a municipality that is located:
(A) within 20 miles of an international airport;
and
(B) in a county that:
(i) contains an active quarry;
(ii) has a population of more than 150,000
but less than 170,000; and
(iii) is adjacent to a county with a
population of more than two million.
SECTION 20.006. Section 662.0062(a-1), Transportation
Code, is amended to conform to Chapter 709 (H.B. 2190), Acts of the
88th Legislature, Regular Session, 2023, to read as follows:
(a-1) The department may not issue an instructor license or
instructor training provider license to an individual who has been
convicted of:
(1) during the preceding three years:
(A) three or more moving violations described by
Section 542.304 or a comparable offense committed in another state,
including violations that resulted in a collision [an accident]; or
(B) two or more moving violations described by
Section 542.304 or a comparable offense committed in another state
that resulted in a collision [an accident]; or
(2) during the preceding seven years, an offense under
Chapter 49, Penal Code, other than an offense under Section 49.02,
Penal Code, or Section 49.031, Penal Code, or a comparable offense
committed in another state.
ARTICLE 21. CHANGES RELATING TO UTILITIES CODE
SECTION 21.001. Sections 39.360(a), (b), (c), (d), and (e),
Utilities Code, as added by Chapter 464 (S.B. 2013), Acts of the
88th Legislature, Regular Session, 2023, are amended to correct
references to read as follows:
(a) In this section, "company" and "critical
infrastructure" have the meanings assigned by Section 117.001
[113.001], Business & Commerce Code[, as added by Chapter 975
(S.B. 2116), Acts of the 87th Legislature, Regular Session, 2021].
(b) An independent organization certified under Section
39.151 may not register a business entity or maintain the
registration of a business entity to operate in the power region for
which the independent organization is certified unless the business
entity attests that the entity complies with Chapter 117 [113],
Business & Commerce Code[, as added by Chapter 975 (S.B. 2116),
Acts of the 87th Legislature, Regular Session, 2021].
(c) An independent organization certified under Section
39.151 shall require as a condition of operating in the power region
for which the independent organization is certified that a business
entity report to the independent organization the purchase of any
critical electric grid equipment or service from a company
described by Section 117.002(a)(2) [113.002(a)(2)], Business &
Commerce Code[, as added by Chapter 975 (S.B. 2116), Acts of the
87th Legislature, Regular Session, 2021].
(d) For each purchase reported by a business entity under
Subsection (c), the business entity shall submit an attestation to
the independent organization that the purchase will not result in
access to or control of its critical electric grid equipment by a
company described by Section 117.002(a)(2) [113.002(a)(2)],
Business & Commerce Code[, as added by Chapter 975 (S.B. 2116),
Acts of the 87th Legislature, Regular Session, 2021], excluding
access specifically allowed by the business entity for product
warranty and support purposes.
(e) Notwithstanding any other law, an independent
organization certified under Section 39.151 may immediately
suspend or terminate a company's registration or access to any of
the independent organization's systems if the independent
organization has a reasonable suspicion that the company meets any
of the criteria described by Section 2275.0102(a)(2)
[2274.0102(a)(2)], Government Code[, as added by Chapter 975
(S.B. 2116), Acts of the 87th Legislature, Regular Session, 2021].
ARTICLE 22. REDESIGNATIONS
SECTION 22.001. The following provisions of enacted codes
are redesignated to eliminate duplicate citations:
(1) Section 28.20, Alcoholic Beverage Code, as added
by Chapter 1087 (S.B. 998), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 28.21, Alcoholic Beverage
Code.
(2) Chapter 328, Business & Commerce Code, as added by
Chapter 169 (S.B. 58), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Chapter 329, Business & Commerce
Code, and Sections 328.001, 328.002, and 328.003, Business &
Commerce Code, as added by that Act, are redesignated as Sections
329.001, 329.002, and 329.003, Business & Commerce Code,
respectively.
(3) Chapter 509, Business & Commerce Code, as added by
Chapter 963 (S.B. 2105), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Chapter 510, Business & Commerce
Code, and Sections 509.001, 509.002, 509.003, 509.004, 509.005,
509.006, 509.007, 509.008, 509.009, and 509.010, Business &
Commerce Code, as added by that Act, are redesignated as Sections
510.001, 510.002, 510.003, 510.004, 510.005, 510.006, 510.007,
510.008, 510.009, and 510.010, Business & Commerce Code,
respectively.
(4) Section 25.0344, Education Code, as added by
Chapter 583 (H.B. 2892), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 25.0345, Education Code.
(5) Section 37.117, Education Code, as added by
Chapter 1 (S.B. 838), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 37.118, Education Code.
(6) Section 48.308, Education Code, as added by
Chapter 378 (H.B. 8), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 48.309, Education Code.
(7) Section 61.059(s), Education Code, as added by
Chapter 754 (H.B. 4005), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 61.059(t), Education
Code.
(8) Section 41.0052(a-1), Election Code, as added by
Chapter 1160 (S.B. 1131), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 41.0052(a-2), Election
Code.
(9) Section 261.307(c), Family Code, as added by
Chapter 381 (H.B. 63), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 261.307(b-1), Family
Code.
(10) Section 72.039, Government Code, as added by
Chapter 861 (H.B. 3474), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 72.0395, Government Code.
(11) Subchapter T, Chapter 403, Government Code, as
added by Chapter 379 (H.B. 9), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Subchapter U, Chapter 403,
Government Code, and Sections 403.601, 403.602, 403.603, 403.604,
and 403.605, Government Code, as added by that Act, are
redesignated as Sections 403.651, 403.652, 403.653, 403.654, and
403.655, Government Code, respectively.
(12) Section 411.02093, Government Code, as added by
Chapter 208 (S.B. 1484), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 411.02094, Government
Code.
(13) Section 434.029, Government Code, as added by
Chapter 1067 (S.B. 493), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 434.0295, Government
Code.
(14) Section 552.108(d), Government Code, as added by
Chapter 986 (H.B. 30), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 552.108(c-1), Government
Code.
(15) Section 662.081, Government Code, as added by
Chapter 12 (S.B. 464), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 662.086, Government Code.
(16) Section 662.085, Government Code, as added by
Chapter 505 (H.B. 2499), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 662.087, Government Code.
(17) Section 2252.909, Government Code, as added by
Chapter 389 (H.B. 679), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 2252.910, Government
Code.
(18) Chapter 54, Health and Safety Code, as added by
Chapter 88 (S.B. 1249), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Chapter 55, Health and Safety
Code, and Sections 54.001 and 54.002, Health and Safety Code, as
added by that Act, are redesignated as Sections 55.001 and 55.002,
Health and Safety Code, respectively.
(19) Chapter 81B, Health and Safety Code, as added by
Chapter 336 (S.B. 29), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Chapter 81C, Health and Safety
Code, and Sections 81B.001, 81B.002, 81B.003, and 81B.004, Health
and Safety Code, as added by that Act, are redesignated as Sections
81C.001, 81C.002, 81C.003, and 81C.004, Health and Safety Code,
respectively.
(20) Subchapter X, Chapter 161, Health and Safety
Code, as added by Chapter 335 (S.B. 14), Acts of the 88th
Legislature, Regular Session, 2023, is redesignated as Subchapter
Y, Chapter 161, Health and Safety Code.
(21) Section 437.027, Health and Safety Code, as added
by Chapter 245 (S.B. 577), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 437.028, Health and
Safety Code.
(22) Chapter 444, Health and Safety Code, as added by
Chapter 2 (S.B. 497), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Chapter 445, Health and Safety
Code, and Sections 444.001, 444.002, 444.003, 444.004, 444.005,
444.006, and 444.007, Health and Safety Code, as added by that Act,
are redesignated as Sections 445.001, 445.002, 445.003, 445.004,
445.005, 445.006, and 445.007, Health and Safety Code,
respectively.
(23) Chapter 769, Health and Safety Code, as added by
Chapter 141 (S.B. 188), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Chapter 767, Health and Safety
Code, and Sections 769.001, 769.002, and 769.003, Health and Safety
Code, as added by that Act, are redesignated as Sections 767.001,
767.002, and 767.003, Health and Safety Code, respectively.
(24) Section 1001.084, Health and Safety Code, as
redesignated by Chapter 1236 (S.B. 1296), Acts of the 84th
Legislature, Regular Session, 2015, is redesignated as Section
1001.0845, Health and Safety Code.
(25) Section 32.024(pp), Human Resources Code, as
added by Chapter 335 (S.B. 14), Acts of the 88th Legislature,
Regular Session, 2023, is redesignated as Section 32.024(rr), Human
Resources Code.
(26) Chapter 247, Local Government Code, as added by
Chapter 19 (S.B. 1017), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Chapter 248, Local Government
Code, and Sections 247.001, 247.002, and 247.003, Local Government
Code, as added by that Act, are redesignated as Sections 248.001,
248.002, and 248.003, Local Government Code, respectively.
(27) Section 370.007, Local Government Code, as added
by Chapter 425 (H.B. 1819), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 370.008, Local Government
Code.
(28) Section 370.007, Local Government Code, as added
by Chapter 1049 (S.B. 252), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 370.009, Local Government
Code.
(29) Section 61.066(e), Natural Resources Code, as
added by Chapter 466 (H.B. 630), Acts of the 88th Legislature,
Regular Session, 2023, is redesignated as Section 61.066(d),
Natural Resources Code.
(30) Section 1701.253(q), Occupations Code, as added
by Chapter 102 (S.B. 1852), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 1701.253(r), Occupations
Code.
(31) Section 1701.253(q), Occupations Code, as added
by Chapters 729 (H.B. 2660) and 979 (S.B. 2429), Acts of the 88th
Legislature, Regular Session, 2023, is redesignated as Section
1701.253(s), Occupations Code.
(32) Section 1701.253(q), Occupations Code, as added
by Chapter 1070 (S.B. 533), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 1701.253(t), Occupations
Code.
(33) Section 1958.001(1-a), Occupations Code, as
added by Chapter 838 (S.B. 202), Acts of the 84th Legislature,
Regular Session, 2015, is redesignated as Section 1958.001(1-b),
Occupations Code.
(34) Chapter 2311, Occupations Code, as added by
Chapter 211 (S.B. 1732), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Chapter 2311A, Occupations Code,
and Section 2311.001, Occupations Code, as added by that Act, is
redesignated as Section 2311A.001, Occupations Code.
(35) Chapter 8153, Special District Local Laws Code,
as added by Chapter 113 (S.B. 2147), Acts of the 87th Legislature,
Regular Session, 2021, is redesignated as Chapter 8153A, Special
District Local Laws Code, and Sections 8153.0101, 8153.0102,
8153.0103, 8153.0104, 8153.0105, 8153.0106, 8153.0201, 8153.0202,
8153.0301, 8153.0302, 8153.0303, 8153.0304, 8153.0305, 8153.0306,
8153.0401, 8153.0402, 8153.0403, 8153.0501, 8153.0502, and
8153.0503, Special District Local Laws Code, as added by that Act,
are redesignated as Sections 8153A.0101, 8153A.0102, 8153A.0103,
8153A.0104, 8153A.0105, 8153A.0106, 8153A.0201, 8153A.0202,
8153A.0301, 8153A.0302, 8153A.0303, 8153A.0304, 8153A.0305,
8153A.0306, 8153A.0401, 8153A.0402, 8153A.0403, 8153A.0501,
8153A.0502, and 8153A.0503, Special District Local Laws Code,
respectively.
(36) Section 11.36, Tax Code, as added by Chapter 281
(S.B. 1145), Acts of the 88th Legislature, Regular Session, 2023,
is redesignated as Section 11.37, Tax Code.
(37) Section 351.161, Tax Code, as added by Chapter
1030 (S.B. 627), Acts of the 88th Legislature, Regular Session,
2023, is redesignated as Section 351.1621, Tax Code.
(38) Section 352.002(v), Tax Code, as added by Chapter
780 (H.B. 5105), Acts of the 88th Legislature, Regular Session,
2023, is redesignated as Section 352.002(aa), Tax Code.
(39) Section 352.002(ee), Tax Code, as added by
Chapter 993 (H.B. 5178), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 352.002(ff), Tax Code.
(40) Section 352.003(bb), Tax Code, as added by
Chapter 641 (H.B. 1034), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 352.003(cc), Tax Code.
(41) Section 352.003(bb), Tax Code, as added by
Chapter 775 (H.B. 3453), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 352.003(dd), Tax Code.
(42) Section 352.003(bb), Tax Code, as added by
Chapter 780 (H.B. 5105), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 352.003(ee), Tax Code.
(43) Section 352.115, Tax Code, as added by Chapter
780 (H.B. 5105), Acts of the 88th Legislature, Regular Session,
2023, is redesignated as Section 352.116, Tax Code.
(44) Section 225.216, Transportation Code, as added by
Chapter 507 (H.B. 2590), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 225.226, Transportation
Code.
(45) Section 225.216, Transportation Code, as added by
Chapter 687 (H.B. 1368), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 225.227, Transportation
Code.
(46) Section 225.216, Transportation Code, as added by
Chapter 72 (S.B. 508), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 225.228, Transportation
Code.
(47) Section 225.216, Transportation Code, as added by
Chapter 809 (H.B. 923), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 225.229, Transportation
Code.
(48) Section 225.216, Transportation Code, as added by
Chapters 1060 (S.B. 414) and 1116 (H.B. 1305), Acts of the 88th
Legislature, Regular Session, 2023, is redesignated as Section
225.230, Transportation Code.
(49) Section 225.217, Transportation Code, as added by
Chapter 71 (S.B. 507), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 225.231, Transportation
Code.
(50) Section 225.217, Transportation Code, as added by
Chapter 431 (H.B. 1913), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 225.232, Transportation
Code.
(51) Section 225.217, Transportation Code, as added by
Chapter 444 (H.B. 2083), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 225.233, Transportation
Code.
(52) Section 225.217, Transportation Code, as added by
Chapter 487 (H.B. 975), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 225.234, Transportation
Code.
(53) Section 225.217, Transportation Code, as added by
Chapter 513 (H.B. 2835), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 225.235, Transportation
Code.
(54) Section 225.217, Transportation Code, as added by
Chapter 523 (H.B. 3099), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 225.236, Transportation
Code.
(55) Section 225.217, Transportation Code, as added by
Chapter 590 (H.B. 3045), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 225.237, Transportation
Code.
(56) Section 225.217, Transportation Code, as added by
Chapter 702 (H.B. 1968), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 225.238, Transportation
Code.
(57) Section 225.217, Transportation Code, as added by
Chapter 48 (H.B. 3108), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 225.239, Transportation
Code.
(58) Section 225.217, Transportation Code, as added by
Chapter 968 (S.B. 2150), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 225.240, Transportation
Code.
(59) Section 225.218, Transportation Code, as added by
Chapter 82 (S.B. 957), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 225.241, Transportation
Code.
(60) Section 504.331, Transportation Code, as added by
Chapter 1050 (S.B. 280), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 504.336, Transportation
Code.
(61) Section 504.331, Transportation Code, as added by
Chapter 506 (H.B. 2503), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 504.337, Transportation
Code.
(62) Section 504.332, Transportation Code, as added by
Chapter 506 (H.B. 2503), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 504.338, Transportation
Code.
(63) Section 504.517, Transportation Code, as added by
Chapter 516 (H.B. 2876), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 504.519, Transportation
Code.
(64) Section 504.679, Transportation Code, as added by
Chapter 714 (H.B. 2323), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 504.681, Transportation
Code.
(65) Section 504.680, Transportation Code, as added by
Chapter 478 (H.B. 628), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 504.682, Transportation
Code.
(66) Section 521.1251, Transportation Code, as added
by Chapter 524 (H.B. 3132), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 521.1252, Transportation
Code.
(67) Section 38.078, Utilities Code, as added by
Chapter 836 (H.B. 2555), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 38.079, Utilities Code.
(68) Section 39.151(g-7), Utilities Code, as added by
Chapter 464 (S.B. 2013), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 39.151(g-8), Utilities
Code.
(69) Section 39.166, Utilities Code, as added by
Chapter 410 (H.B. 1500), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 39.1675, Utilities Code.
(70) Section 39.167, Utilities Code, as added by
Chapter 410 (H.B. 1500), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 39.1678, Utilities Code.
(71) Section 39.360, Utilities Code, as added by
Chapter 463 (S.B. 1929), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 39.361, Utilities Code.
(72) Section 13.152, Water Code, as added by Chapter
163 (S.B. 1778), Acts of the 88th Legislature, Regular Session,
2023, is redesignated as Section 13.153, Water Code.
(73) Section 16.026, Water Code, as added by Chapter
187 (H.B. 2759), Acts of the 88th Legislature, Regular Session,
2023, is redesignated as Section 16.028, Water Code.
SECTION 22.002. The following changes are made to conform
the provisions amended to the redesignating changes made by
Section 22.001 of this Act and to correct cross-references:
(1) Sections 510.006(a) and (b), Business & Commerce
Code, as redesignated from Sections 509.006(a) and (b), Business &
Commerce Code, by Section 22.001 of this Act, are amended to read as
follows:
(a) The secretary of state shall establish and maintain, on
its Internet website, a searchable, central registry of data
brokers registered under Section 510.005 [509.005].
(b) The registry must include:
(1) a search feature that allows a person searching
the registry to identify a specific data broker; and
(2) for each data broker, the information filed under
Section 510.005(b) [509.005(b)].
(2) Sections 510.008(a) and (b), Business & Commerce
Code, as redesignated from Sections 509.008(a) and (b), Business &
Commerce Code, by Section 22.001 of this Act, are amended to read as
follows:
(a) A data broker that violates Section 510.004 [509.004] or
510.005 [509.005] is liable to this state for a civil penalty as
prescribed by this section.
(b) A civil penalty imposed against a data broker under this
section:
(1) subject to Subdivision (2), may not be in an amount
less than the total of:
(A) $100 for each day the entity is in violation
of Section 510.004 [509.004] or 510.005 [509.005]; and
(B) the amount of unpaid registration fees for
each year the entity failed to register in violation of Section
510.005 [509.005]; and
(2) may not exceed $10,000 assessed against the same
data broker in a 12-month period.
(3) Section 510.009, Business & Commerce Code, as
redesignated from Section 509.009, Business & Commerce Code, by
Section 22.001 of this Act, is amended to read as follows:
Sec. 510.009 [509.009]. DECEPTIVE TRADE PRACTICE. A
violation of Section 510.007 [509.007] by a data broker constitutes
a deceptive trade practice in addition to the practices described
by Subchapter E, Chapter 17, and is actionable under that
subchapter.
(4) Section 28.0095(h), Education Code, is amended to
read as follows:
(h) The coordinating board shall distribute money
transferred to the coordinating board under Section 48.309 [48.308]
to the participating institutions of higher education in proportion
to the number of dual credit courses in which eligible students are
enrolled at the institution.
(5) Section 445.005(c), Health and Safety Code, as
redesignated from Section 444.005(c), Health and Safety Code, by
Section 22.001 of this Act, is amended to read as follows:
(c) A kratom retailer is not liable for a civil penalty
under this section for a violation of Section 445.002 [444.002] or
445.003 [444.003] if the kratom retailer proves by a preponderance
of the evidence that the violation was unintentional and due to the
kratom retailer's good faith reliance on the representation of
another kratom processor.
(6) Section 1701.359, Occupations Code, is amended to
read as follows:
Sec. 1701.359. BORDER OPERATIONS TRAINING PROGRAM. The
commission may:
(1) recognize, or with the consent of the Department
of Public Safety administer or assist in administering, the border
operations training program established under Section 411.02094
[411.02093], Government Code, as a continuing education program for
officers; and
(2) credit an officer who successfully completes the
program described by Subdivision (1) with the appropriate number of
continuing education hours.
(7) Section 8153A.0104, Special District Local Laws
Code, as redesignated from Section 8153.0104, Special District
Local Laws Code, by Section 22.001 of this Act, is amended to read
as follows:
Sec. 8153A.0104 [8153.0104]. CONSENT OF MUNICIPALITY
REQUIRED. The temporary directors may not hold an election under
Section 8153A.0103 [8153.0103] until each municipality in whose
corporate limits or extraterritorial jurisdiction the district is
located has consented by ordinance or resolution to the creation of
the district and to the inclusion of land in the district.
(8) Section 8153A.0201(b), Special District Local
Laws Code, as redesignated from Section 8153.0201(b), Special
District Local Laws Code, by Section 22.001 of this Act, is amended
to read as follows:
(b) Except as provided by Section 8153A.0202 [8153.0202],
directors serve staggered four-year terms.
(9) Sections 8153A.0202(b) and (c), Special District
Local Laws Code, as redesignated from Sections 8153.0202(b) and
(c), Special District Local Laws Code, by Section 22.001 of this
Act, are amended to read as follows:
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8153A.0103 [8153.0103]; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 8153A.0103 [8153.0103] and the terms of the temporary
directors have expired, successor temporary directors shall be
appointed or reappointed as provided by Subsection (d) to serve
terms that expire on the earlier of:
(1) the date permanent directors are elected under
Section 8153A.0103 [8153.0103]; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(10) Sections 8153A.0306(e), (h), and (k), Special
District Local Laws Code, as redesignated from Sections
8153.0306(e), (h), and (k), Special District Local Laws Code, by
Section 22.001 of this Act, are amended to read as follows:
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8153A.0103 [8153.0103] to confirm the district's creation.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 8153A.0103 [8153.0103].
(k) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
8153A.0104 [8153.0104] acts as municipal consent to the creation of
any new district created by the division of the district and to the
inclusion of land in the new district.
(11) Section 8153A.0401(a), Special District Local
Laws Code, as redesignated from Section 8153.0401(a), Special
District Local Laws Code, by Section 22.001 of this Act, is amended
to read as follows:
(a) The district may issue, without an election, bonds and
other obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8153A.0403
[8153.0403].
(12) Section 8153A.0402(a), Special District Local
Laws Code, as redesignated from Section 8153.0402(a), Special
District Local Laws Code, by Section 22.001 of this Act, is amended
to read as follows:
(a) If authorized at an election held under Section
8153A.0401 [8153.0401], the district may impose an operation and
maintenance tax on taxable property in the district in accordance
with Section 49.107, Water Code.
(13) Section 11.43(c), Tax Code, is amended to read as
follows:
(c) An exemption provided by Section 11.13, 11.131, 11.132,
11.133, 11.134, 11.17, 11.18, 11.182, 11.1827, 11.183, 11.19,
11.20, 11.21, 11.22, 11.23(a), (h), (j), (j-1), or (m), 11.231,
11.254, 11.27, 11.271, 11.29, 11.30, 11.31, 11.315, 11.35, [or]
11.36, or 11.37, once allowed, need not be claimed in subsequent
years, and except as otherwise provided by Subsection (e), the
exemption applies to the property until it changes ownership or the
person's qualification for the exemption changes. However, except
as provided by Subsection (r), the chief appraiser may require a
person allowed one of the exemptions in a prior year to file a new
application to confirm the person's current qualification for the
exemption by delivering a written notice that a new application is
required, accompanied by an appropriate application form, to the
person previously allowed the exemption. If the person previously
allowed the exemption is 65 years of age or older, the chief
appraiser may not cancel the exemption due to the person's failure
to file the new application unless the chief appraiser complies
with the requirements of Subsection (q), if applicable.
(14) Section 352.003(ee), Tax Code, as redesignated
from Section 352.003(bb), Tax Code, by Section 22.001 of this Act,
is amended to read as follows:
(ee) [(bb)] The tax rate in a county authorized to impose
the tax under Section 352.002(aa) [352.002(v)] may not exceed two
percent of the price paid for a room in a hotel.
(15) Section 352.116, Tax Code, as redesignated from
Section 352.115, Tax Code, by Section 22.001 of this Act, is
amended to read as follows:
Sec. 352.116 [352.115]. USE OF REVENUE: CERTAIN COUNTIES
ADJACENT TO POPULOUS COUNTIES. In addition to the purposes
authorized by this chapter, the revenue from a tax imposed under
this chapter by a county authorized to impose the tax under Section
352.002(aa) [352.002(v)] may be used for the purposes described by
Section 352.112.
(16) Section 504.202(e-1), Transportation Code, as
amended by Chapters 385 (H.B. 282), 506 (H.B. 2503), 768
(H.B. 4595), and 1050 (S.B. 280), Acts of the 88th Legislature,
Regular Session, 2023, is reenacted and amended to read as follows:
(e-1) Other than license plates issued under Subsection
(h), license plates issued under this section may include, on
request:
(1) the emblem of the veteran's branch of service; or
(2) one emblem from another license plate to which the
person is entitled under Section 504.307, 504.308, 504.309,
504.310(b), 504.311, 504.312, 504.313, 504.3135, 504.314, 504.315,
504.316, 504.3161, 504.318, 504.319, 504.320, 504.323, 504.325,
504.327, 504.328, 504.330, 504.331, 504.332, 504.333, 504.334,
[or] 504.335, 504.336, 504.337, or 504.338.
(17) Sections 521.060(a) and (c), Transportation
Code, are amended to read as follows:
(a) The department shall maintain in its files a record of
the name, address, and telephone number of each individual
identified by the holder of a driver's license or personal
identification certificate as an individual the holder authorizes
to be contacted in the event that the holder is injured or dies in or
as a result of a vehicular collision or another emergency
situation. In addition, the department shall maintain in its files
a record of any medical information described by Section 521.125(a)
that is provided to the department under Subsection (c) or any
health condition information that is voluntarily provided to the
department under Sections 521.1251, 521.1252, and 521.142(h).
(c) An application for an original, renewal, or duplicate
driver's license or personal identification certificate must:
(1) be designed to allow, but not require, the
applicant to provide:
(A) the name, address, and telephone number of
not more than two individuals to be contacted if the applicant is
injured or dies in a circumstance described by Subsection (a); and
(B) in addition to health condition information
voluntarily provided under Sections 521.1251, 521.1252, and
521.142(h), medical information described by Section 521.125(a);
and
(2) include a statement that:
(A) describes the confidential nature of the
information; and
(B) states that by providing the department with
the information, the applicant consents to the limited disclosure
and use of the information.
ARTICLE 23. EFFECTIVE DATE
SECTION 23.001. This Act takes effect September 1, 2025.