By Stiles H.B. No. 947
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to nonsubstantive additions to and corrections in enacted
1-3 codes, including the nonsubstantive codification of various laws
1-4 omitted from enacted codes, and to conforming codifications enacted
1-5 by the 72nd Legislature to other Acts of that legislature.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 ARTICLE 1. GENERAL PROVISIONS
1-8 SECTION 1.01. This Act is enacted as part of the state's
1-9 continuing statutory revision program under Chapter 323, Government
1-10 Code. This Act is a revision for purposes of Article III, Section
1-11 43, of the Texas Constitution and has the purposes of:
1-12 (1) codifying without substantive change various
1-13 statutes that were omitted from enacted codes;
1-14 (2) conforming codifications enacted by the 72nd
1-15 Legislature to other Acts of that legislature that amended the laws
1-16 codified or added new law to subject matter codified;
1-17 (3) making necessary corrections to enacted
1-18 codifications; and
1-19 (4) renumbering titles, chapters, and sections of
1-20 codes that duplicate title, chapter, or section numbers.
1-21 SECTION 1.02. (a) The repeal of a statute by this Act does
1-22 not affect an amendment, revision, or reenactment of the statute by
1-23 the 73rd Legislature, Regular Session, 1993. The amendment,
1-24 revision, or reenactment is preserved and given effect as part of
2-1 the code provision that revised the statute so amended, revised, or
2-2 reenacted.
2-3 (b) If any provision of this Act conflicts with a statute
2-4 enacted by the 73rd Legislature, Regular Session, 1993, the statute
2-5 controls.
2-6 SECTION 1.03. (a) A transition or savings provision of a
2-7 law codified by this Act applies to the codified law to the same
2-8 extent as it applied to the original law.
2-9 (b) The repeal of a transition or savings provision by this
2-10 Act does not affect the application of the provision to the
2-11 codified law.
2-12 (c) In this section, "transition provision" includes any
2-13 temporary provision providing for a special situation in the
2-14 transition period between the existing law and the establishment or
2-15 implementation of the new law.
2-16 ARTICLE 2. CHANGES RELATING TO EDUCATION CODE
2-17 SECTION 2.01. Section 67.26, Education Code, is amended to
2-18 read as follows:
2-19 Sec. 67.26. UNIVERSITY INTERSCHOLASTIC LEAGUE; VENUE FOR
2-20 SUITS. Venue for suits brought against the University
2-21 Interscholastic League or for suits involving the interpretation or
2-22 enforcement of the rules or regulations of the University
2-23 Interscholastic League shall be in Travis County, Texas. When the
2-24 litigation involves a school district located within Travis County,
2-25 it shall be heard by a visiting judge.
2-26 SECTION 2.02. Section 70.06, Education Code, is repealed
2-27 because:
3-1 (1) Subsection (a) of Section 70.06 conflicts with
3-2 Section 70.08, Education Code, a later enactment;
3-3 (2) Subsection (b) of Section 70.06 is expired; and
3-4 (3) Subsection (c) of Section 70.06 is duplicative of
3-5 authority granted in Section 70.03, Education Code, to grant
3-6 graduate degrees.
3-7 ARTICLE 3. CHANGES RELATING TO TEXAS ETHICS COMMISSION--ELECTION
3-8 CODE AND GOVERNMENT CODE
3-9 SECTION 3.01. Section 251.006(b), Election Code, is amended
3-10 to conform to Section 1.39(b), Chapter 304, Acts of the 72nd
3-11 Legislature, Regular Session, 1991, to correct a reference to read
3-12 as follows:
3-13 (b) A candidate for an elective office of the federal
3-14 government shall file with the commission <secretary of state> a
3-15 copy of each document relating to his candidacy that is required to
3-16 be filed under federal law. The document shall be filed within the
3-17 same period in which it is required to be filed under the federal
3-18 law.
3-19 SECTION 3.02. The heading to Subchapter B, Chapter 251,
3-20 Election Code, is amended to conform to Section 1.39(b), Chapter
3-21 304, Acts of the 72nd Legislature, Regular Session, 1991, to
3-22 correct a reference to read as follows:
3-23 SUBCHAPTER B. DUTIES OF THE COMMISSION
3-24 <SECRETARY OF STATE>
3-25 SECTION 3.03. Section 251.032, Election Code, is amended to
3-26 conform to Section 1.39(b), Chapter 304, Acts of the 72nd
3-27 Legislature, Regular Session, 1991, to correct a reference to read
4-1 as follows:
4-2 Sec. 251.032. Forms. In addition to furnishing samples of
4-3 the appropriate forms to the authorities having administrative
4-4 duties under this title, the commission <secretary of state> shall
4-5 furnish the forms to each political party's state executive
4-6 committee and county chairman of each county executive committee.
4-7 SECTION 3.04. Section 251.033, Election Code, is amended to
4-8 conform to Section 1.39(b), Chapter 304, Acts of the 72nd
4-9 Legislature, Regular Session, 1991, to correct a reference to read
4-10 as follows:
4-11 Sec. 251.033. Notification Of Deadline For Filing Reports.
4-12 (a) The commission <secretary of state> shall notify each person
4-13 responsible for filing a report with the commission <secretary>
4-14 under Subchapters C through F, Chapter 254, of the deadline for
4-15 filing a report, except that notice of the deadline is not required
4-16 for a political committee involved in an election other than a
4-17 primary election or the general election for state and county
4-18 officers.
4-19 (b) If the commission <secretary of state> is unable to
4-20 notify a person of a deadline after two attempts, the commission
4-21 <secretary> is not required to make any further attempts to notify
4-22 the person of that deadline or any future deadlines until the
4-23 person has notified the commission <secretary of state> of the
4-24 person's current address.
4-25 SECTION 3.05. Section 252.002(b), Election Code, is amended
4-26 to conform to Section 1.39(b), Chapter 304, Acts of the 72nd
4-27 Legislature, Regular Session, 1991, to correct a reference to read
5-1 as follows:
5-2 (b) A political committee that files its campaign treasurer
5-3 appointment with the commission <secretary of state> must notify
5-4 the commission <secretary> in writing of any change in the campaign
5-5 treasurer's address not later than the 10th day after the date on
5-6 which the change occurs.
5-7 SECTION 3.06. Sections 252.003(b) and (c), Election Code,
5-8 are amended to conform to Section 1.39(b), Chapter 304, Acts of the
5-9 72nd Legislature, Regular Session, 1991, to correct a reference to
5-10 read as follows:
5-11 (b) If any of the information required to be included in a
5-12 general-purpose committee's appointment changes, excluding changes
5-13 reported under Section 252.002(b), the committee shall file an
5-14 amended appointment with the commission <secretary of state> not
5-15 later than the 30th day after the date the change occurs.
5-16 (c) The name of a general-purpose committee may not be the
5-17 same as or deceptively similar to the name of any other
5-18 general-purpose committee whose campaign treasurer appointment is
5-19 filed with the commission <secretary of state>. The commission
5-20 <secretary> shall determine whether the name of a general-purpose
5-21 political committee is in violation of this prohibition and shall
5-22 immediately notify the campaign treasurer of the offending
5-23 political committee of that determination. The campaign treasurer
5-24 of the political committee must file a name change with the
5-25 commission <secretary> not later than the 14th day after the date
5-26 of notification. A campaign treasurer who fails to file a name
5-27 change as provided by this subsection or a political committee that
6-1 continues to use a prohibited name after its campaign treasurer has
6-2 been notified by the commission <secretary> commits an offense. An
6-3 offense under this subsection is a Class B misdemeanor.
6-4 SECTION 3.07. Section 252.005, Election Code, is amended to
6-5 conform to Section 1.39(b), Chapter 304, Acts of the 72nd
6-6 Legislature, Regular Session, 1991, to correct a reference to read
6-7 as follows:
6-8 Sec. 252.005. Authority with whom Appointment Filed:
6-9 Candidate. An individual must file a campaign treasurer
6-10 appointment for the individual's own candidacy with:
6-11 (1) the commission <secretary of state>, if the
6-12 appointment is made for candidacy for:
6-13 (A) a statewide office;
6-14 (B) a district office filled by voters of more
6-15 than one county;
6-16 (C) state senator;
6-17 (D) state representative; or
6-18 (E) the State Board of Education;
6-19 (2) the county clerk, if the appointment is made for
6-20 candidacy for a county office, a precinct office, or a district
6-21 office other than one included in Subdivision (1);
6-22 (3) the clerk or secretary of the governing body of
6-23 the political subdivision or, if the political subdivision has no
6-24 clerk or secretary, with the governing body's presiding officer, if
6-25 the appointment is made for candidacy for an office of a political
6-26 subdivision other than a county;
6-27 (4) the county clerk if:
7-1 (A) the appointment is made for candidacy for an
7-2 office of a political subdivision other than a county;
7-3 (B) the governing body for the political
7-4 subdivision has not been formed; and
7-5 (C) no boundary of the political subdivision
7-6 crosses a boundary of the county; or
7-7 (5) the commission <secretary of state> if:
7-8 (A) the appointment is made for candidacy for an
7-9 office of a political subdivision other than a county;
7-10 (B) the governing body for the political
7-11 subdivision has not been formed; and
7-12 (C) the political subdivision is situated in
7-13 more than one county.
7-14 SECTION 3.08. Section 252.007, Election Code, is amended to
7-15 conform to Section 1.39(b), Chapter 304, Acts of the 72nd
7-16 Legislature, Regular Session, 1991, to correct a reference to read
7-17 as follows:
7-18 Sec. 252.007. Authority With Whom Appointment Filed:
7-19 Specific-Purpose Committee For Supporting Or Opposing Measure. A
7-20 specific-purpose committee for supporting or opposing a measure
7-21 must file its campaign treasurer appointment with:
7-22 (1) the commission <secretary of state>, if the
7-23 measure is to be submitted to voters of the entire state;
7-24 (2) the county clerk, if the measure is to be
7-25 submitted to voters of a single county in an election ordered by a
7-26 county authority;
7-27 (3) the secretary of the governing body of the
8-1 political subdivision or, if the political subdivision has no
8-2 secretary, with the governing body's presiding officer, if the
8-3 measure is to be submitted at an election ordered by an authority
8-4 of a political subdivision other than a county;
8-5 (4) the county clerk if:
8-6 (A) the measure concerns a political subdivision
8-7 other than a county;
8-8 (B) the governing body for the political
8-9 subdivision has not been formed; and
8-10 (C) no boundary of the political subdivision
8-11 crosses a boundary of a county; or
8-12 (5) the commission <secretary of state> if:
8-13 (A) the measure concerns a political subdivision
8-14 other than a county;
8-15 (B) the governing body for the political
8-16 subdivision has not been formed; and
8-17 (C) the political subdivision is situated in
8-18 more than one county.
8-19 SECTION 3.09. Section 252.008, Election Code, is amended to
8-20 conform to Section 1.39(b), Chapter 304, Acts of the 72nd
8-21 Legislature, Regular Session, 1991, to correct a reference to read
8-22 as follows:
8-23 Sec. 252.008. Multiple Filings By Specific-Purpose Committee
8-24 Not Required. If under this chapter a specific-purpose committee
8-25 is required to file its campaign treasurer appointment with more
8-26 than one authority, the appointment need only be filed with the
8-27 commission <secretary of state> and, if so filed, need not be filed
9-1 with the other authorities.
9-2 SECTION 3.10. Section 252.009, Election Code, is amended to
9-3 conform to Section 1.39(b), Chapter 304, Acts of the 72nd
9-4 Legislature, Regular Session, 1991, to correct a reference to read
9-5 as follows:
9-6 Sec. 252.009. Authority with Whom Appointment Filed:
9-7 General-Purpose Committee. A general-purpose committee must file
9-8 its campaign treasurer appointment with the commission <secretary
9-9 of state>.
9-10 SECTION 3.11. Section 252.012(c), Election Code, is amended
9-11 to conform to Section 1.39(b), Chapter 304, Acts of the 72nd
9-12 Legislature, Regular Session, 1991, to correct a reference to read
9-13 as follows:
9-14 (c) If the campaign treasurer of a specific-purpose
9-15 political committee required to file its campaign treasurer
9-16 appointment with the commission <secretary of state> or of a
9-17 general-purpose political committee is removed by the committee,
9-18 the departing campaign treasurer shall immediately file written
9-19 notification of the termination of appointment with the commission
9-20 <secretary of state>.
9-21 SECTION 3.12. Section 252.013(c), Election Code, is amended
9-22 to conform to Section 1.39(b), Chapter 304, Acts of the 72nd
9-23 Legislature, Regular Session, 1991, to correct a reference to read
9-24 as follows:
9-25 (c) If the campaign treasurer of a specific-purpose
9-26 political committee required to file its campaign treasurer
9-27 appointment with the commission <secretary of state> or of a
10-1 general-purpose political committee resigns or otherwise vacates
10-2 the position, the campaign treasurer shall immediately file written
10-3 notification of the vacancy with the commission <secretary of
10-4 state>.
10-5 SECTION 3.13. Section 252.015(a), Election Code, is amended
10-6 to conform to Section 1.39(b), Chapter 304, Acts of the 72nd
10-7 Legislature, Regular Session, 1991, to correct a reference to read
10-8 as follows:
10-9 (a) Each specific-purpose committee for supporting or
10-10 opposing a candidate for an office specified by Section 252.005(1)
10-11 or a statewide or district measure and each general-purpose
10-12 committee may appoint an assistant campaign treasurer by written
10-13 appointment filed with the commission <secretary of state>.
10-14 SECTION 3.14. Section 254.038(c), Election Code, is amended
10-15 to conform to Section 1.39(b), Chapter 304, Acts of the 72nd
10-16 Legislature, Regular Session, 1991, to correct a reference to read
10-17 as follows:
10-18 (c) A report under this section shall be filed by telegram
10-19 or telephonic facsimile machine or by hand with the commission
10-20 <secretary of state> not later than 48 hours after the contribution
10-21 is accepted.
10-22 SECTION 3.15. Section 254.039(a), Election Code, is amended
10-23 to conform to Section 1.39(b), Chapter 304, Acts of the 72nd
10-24 Legislature, Regular Session, 1991, to correct a reference to read
10-25 as follows:
10-26 (a) In addition to other reports required by this chapter, a
10-27 general-purpose committee that makes direct campaign expenditures
11-1 supporting or opposing either a single candidate that in the
11-2 aggregate exceed $1,000 or a group of candidates that in the
11-3 aggregate exceed $15,000 during the period beginning the ninth day
11-4 before election day and ending at 12 noon on the second day before
11-5 election day shall file a report by telegram or telephonic
11-6 facsimile machine or by hand with the commission <secretary of
11-7 state> not later than 48 hours after the expenditure is made.
11-8 SECTION 3.16. Section 254.042(a), Election Code, is amended
11-9 to conform to Section 1.39(b), Chapter 304, Acts of the 72nd
11-10 Legislature, Regular Session, 1991, to correct a reference to read
11-11 as follows:
11-12 (a) The commission <secretary of state> shall determine from
11-13 any available evidence whether a report, other than a telegram
11-14 report under Section 254.038 or 254.039, required to be filed with
11-15 the commission <secretary> under this chapter is late. On making
11-16 that determination, the commission <secretary> shall immediately
11-17 mail a notice of the determination to the person required to file
11-18 the report.
11-19 SECTION 3.17. Section 254.095, Election Code, is amended to
11-20 conform to Section 1.39(b), Chapter 304, Acts of the 72nd
11-21 Legislature, Regular Session, 1991, to correct a reference to read
11-22 as follows:
11-23 Sec. 254.095. REPORT NOT REQUIRED. If at the end of any
11-24 reporting period prescribed by this subchapter an officeholder who
11-25 is required to file a report with an authority other than the
11-26 commission <secretary of state> has not accepted political
11-27 contributions that in the aggregate exceed $500 or made political
12-1 expenditures that in the aggregate exceed $500, the officeholder is
12-2 not required to file a report covering that period.
12-3 SECTION 3.18. Section 254.155(b), Election Code, is amended
12-4 to conform to Section 1.39(b), Chapter 304, Acts of the 72nd
12-5 Legislature, Regular Session, 1991, to correct a reference to read
12-6 as follows:
12-7 (b) To be entitled to file monthly reports, the committee
12-8 must deliver written notice of the committee's intent to file
12-9 monthly to the commission <secretary of state> not earlier than
12-10 January 1 or later than January 15 of the year in which the
12-11 committee intends to file monthly. The notice for a committee
12-12 formed after January 15 must be delivered at the time the
12-13 committee's campaign treasurer appointment is filed.
12-14 SECTION 3.19. Section 254.162, Election Code, is amended to
12-15 conform to Section 1.39(b), Chapter 304, Acts of the 72nd
12-16 Legislature, Regular Session, 1991, to correct a reference to read
12-17 as follows:
12-18 Sec. 254.162. NOTICE OF CHANGE IN COMMITTEE STATUS. If a
12-19 general-purpose committee changes its operation and becomes a
12-20 specific-purpose committee, notice of the change in status shall be
12-21 given to the commission <secretary of state> as provided by Section
12-22 254.129 for a specific-purpose committee.
12-23 SECTION 3.20. Section 254.163, Election Code, is amended to
12-24 conform to Section 1.39(b), Chapter 304, Acts of the 72nd
12-25 Legislature, Regular Session, 1991, to correct a reference to read
12-26 as follows:
12-27 Sec. 254.163. AUTHORITY WITH WHOM REPORTS FILED. Reports
13-1 filed under this subchapter shall be filed with the commission
13-2 <secretary of state>.
13-3 SECTION 3.21. Sections 302.013(a) and (d), Government Code,
13-4 are amended to conform to Section 1.39(b), Chapter 304, Acts of the
13-5 72nd Legislature, Regular Session, 1991, to correct a reference to
13-6 read as follows:
13-7 (a) Each speaker candidate shall file a sworn statement with
13-8 the Texas Ethics Commission <secretary of state> listing the
13-9 information required by Section 302.014.
13-10 (d) Each speaker candidate shall file the statement on an
13-11 official form designed by the Texas Ethics Commission <secretary of
13-12 state>.
13-13 SECTION 3.22. Section 302.015, Government Code, is amended
13-14 to conform to Section 1.39(b), Chapter 304, Acts of the 72nd
13-15 Legislature, Regular Session, 1991, to correct a reference to read
13-16 as follows:
13-17 Sec. 302.015. REQUISITES OF FILING. (a) Except as provided
13-18 by Subsection (b), a statement is considered to be filed in
13-19 compliance with this subchapter if the postmark shows that it was
13-20 sent to the Texas Ethics Commission <secretary of state> at its
13-21 <his> official post office address by registered or certified mail
13-22 from any point in this state before the filing deadline.
13-23 (b) A statement required to be filed on the day before a
13-24 regular or called session convenes must actually be delivered and
13-25 in the possession of the Texas Ethics Commission <secretary of
13-26 state> not later than 4 p.m. of that day.
13-27 SECTION 3.23. Section 305.008(a), Government Code, is
14-1 amended to conform to Section 1.39(b), Chapter 304, Acts of the
14-2 72nd Legislature, Regular Session, 1991, to correct a reference to
14-3 read as follows:
14-4 (a) A person who ceases to engage in activities requiring
14-5 registration under this chapter shall file a written, verified
14-6 statement with the commission <secretary> acknowledging the
14-7 termination of activities. The notice is effective immediately.
14-8 SECTION 3.24. Section 305.009(b), Government Code, is
14-9 amended to conform to Section 1.39(b), Chapter 304, Acts of the
14-10 72nd Legislature, Regular Session, 1991, to correct a reference to
14-11 read as follows:
14-12 (b) The commission <secretary> shall:
14-13 (1) design and provide appropriate forms, covering
14-14 only the items required to be disclosed under this chapter, to be
14-15 used for the registration and reporting of required information;
14-16 (2) maintain registrations and reports in a separate,
14-17 alphabetical file;
14-18 (3) remove registrations and reports from the files
14-19 after five years from the date of filing; and
14-20 (4) maintain a deputy available to receive
14-21 registrations and reports and make the registrations and reports
14-22 available to the public for inspection.
14-23 SECTION 3.25. Section 305.011(c), Government Code, is
14-24 amended to conform to Section 1.39(b), Chapter 304, Acts of the
14-25 72nd Legislature, Regular Session, 1991, to correct a reference to
14-26 read as follows:
14-27 (c) The commission shall send the lists prepared under this
15-1 section to each member of the legislature. During a regular
15-2 legislative session, the commission <secretary> shall send a
15-3 monthly update of the lists to each member of the legislature and
15-4 to any person required to file under Chapter 421, Acts of the 63rd
15-5 Legislature, Regular Session, 1973 (Article 6252-9b, Vernon's Texas
15-6 Civil Statutes), who requests one.
15-7 SECTION 3.26. Section 305.026(a), Government Code, is
15-8 amended to conform to Section 1.39(b), Chapter 304, Acts of the
15-9 72nd Legislature, Regular Session, 1991, to correct a reference to
15-10 read as follows:
15-11 (a) Public funds available to a political subdivision may
15-12 not be used to compensate or reimburse the expenses over $50 of any
15-13 person for the purpose of communicating directly with a member of
15-14 the legislative branch to influence legislation, unless the person
15-15 being compensated or reimbursed resides in the district of the
15-16 member with whom the person communicates or files a written
15-17 statement with the commission <secretary of state> that includes
15-18 the person's name, the amount of compensation or reimbursement, and
15-19 the name of the affected political subdivision.
15-20 SECTION 3.27. Section 305.033(c), Government Code, is
15-21 amended to conform to Section 1.39(b), Chapter 304, Acts of the
15-22 72nd Legislature, Regular Session, 1991, to correct a reference to
15-23 read as follows:
15-24 (c) If a registration or report is more than 30 days late,
15-25 the commission <secretary> shall issue a warning of liability by
15-26 registered mail to the person responsible for the filing. If the
15-27 penalty is not paid before the 10th day after the date on which the
16-1 warning is received, the person is liable for a penalty in an
16-2 amount determined by commission rule, but not to exceed $10,000.
16-3 SECTION 3.28. Section 305.034, Government Code, is amended
16-4 to conform to Section 1.39(b), Chapter 304, Acts of the 72nd
16-5 Legislature, Regular Session, 1991, to correct a reference to read
16-6 as follows:
16-7 Sec. 305.034. FAILURE TO FILE ALL REQUIRED FORMS. (a) The
16-8 commission <secretary> shall determine whether all persons
16-9 registered under this chapter have filed all required forms,
16-10 statements, and reports.
16-11 (b) Whenever the commission <secretary> determines that a
16-12 person has failed to file any required form, statement, or report
16-13 as required by this chapter, the commission <secretary> shall send
16-14 a written statement of this finding to the person involved. Notice
16-15 to the person involved must be sent by certified mail.
16-16 (c) If the person fails to file the form, statement, or
16-17 report as required by this chapter before the 21st day after the
16-18 date on which the notice was sent, the commission <secretary> shall
16-19 file a sworn complaint of the violation with the appropriate
16-20 prosecuting attorney.
16-21 ARTICLE 3A. CHANGES RELATING TO VOTER REGISTRATION
16-22 ELECTION CODE
16-23 SECTION 3A.01. (a) Sections 6(d)-(i), Chapter 173, Acts of
16-24 the 47th Legislature, Regular Session, 1941 (Article 6687b,
16-25 Vernon's Texas Civil Statutes), are transferred to Chapter 13,
16-26 Election Code, redesignated as Subchapter B-1, and amended to read
16-27 as follows:
17-1 SUBCHAPTER B-1. VOTER REGISTRATION ASSISTANCE
17-2 BY CERTAIN STATE AGENCIES
17-3 Sec. 13.051. DEPARTMENT OF PUBLIC SAFETY. (a) The
17-4 Department of Public Safety <(d) The Department> shall provide to
17-5 each person who applies in person at the department's
17-6 <Department's> offices for an original or renewal of a driver's
17-7 license, a personal identification card, or a duplicate or
17-8 corrected license or card an opportunity to complete a voter
17-9 registration application form.
17-10 (b) <(e)> The department <Department> shall prescribe and
17-11 use a form that combines the department's <Department's>
17-12 application form for a license or card with an officially
17-13 prescribed voter registration application form.
17-14 (c) <(f)> An appropriate department <Department> employee
17-15 shall routinely inform each applicant for a license or card of the
17-16 opportunity to complete a voter registration application form and
17-17 on request shall provide nonpartisan voter registration assistance
17-18 to an applicant or other interested person on the premises.
17-19 (d) <(g)> On receipt of a completed voter registration
17-20 application, the department <Department> employee shall note the
17-21 date of submission on the application and issue a receipt to the
17-22 applicant containing the applicant's name, the employee's name, the
17-23 location of the office, and the date of submission.
17-24 (e) <(h)> At the end of each day a department <Department>
17-25 office is regularly open for business, the manager of the office
17-26 shall deliver by mail all completed voter registration applications
17-27 to the voter registrar of the county in which the office is
18-1 located.
18-2 (f) <(i)> The date of submission of a completed voter
18-3 registration application to a department <Department> employee is
18-4 considered to be the date of submission to the voter registrar for
18-5 the purpose of determining the effective date of registration only.
18-6 (b) Chapter 173, Acts of the 47th Legislature, Regular
18-7 Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes), is
18-8 amended to conform to Subsection (a) of this section by adding
18-9 Section 14C to read as follows:
18-10 Sec. 14C. VOTER REGISTRATION. The department shall provide
18-11 nonpartisan voter registration assistance as provided by Subchapter
18-12 B-1, Chapter 13, Election Code.
18-13 SECTION 3A.02. Section 323.013, Government Code, is
18-14 transferred to Chapter 276, Election Code, and redesignated as
18-15 Section 276.008 to read as follows:
18-16 Sec. 276.008 <323.013>. <Election> Information Provided to
18-17 TEXAS LEGISLATIVE Council. (a) On the written request of the
18-18 Texas Legislative Council <council>, the secretary of state
18-19 <Secretary of State>, a county clerk or county elections
18-20 administrator, a city secretary, or a voter registrar shall provide
18-21 without charge to the council information or data maintained by the
18-22 appropriate officer relating to voter registration, election
18-23 returns for statewide, district, county, precinct, or city offices,
18-24 or county election precincts, including precinct maps.
18-25 (b) The appropriate officer shall provide the requested
18-26 information or data to the council as soon as practicable but not
18-27 later than the 30th day after the date <on which> the request is
19-1 received by that officer.
19-2 (c) The information or data shall be provided in a form
19-3 approved by the council.
19-4 SECTION 3A.03. Sections 141.031 and 252.0032, Election Code,
19-5 are amended to conform to Sections 1 and 2, Chapter 561, Acts of
19-6 the 72nd Legislature, Regular Session, 1991, to read as follows:
19-7 Sec. 141.031. General Requirements for Application. A
19-8 candidate's application for a place on the ballot that is required
19-9 by this code must:
19-10 (1) be in writing;
19-11 (2) be signed and sworn to by the candidate and
19-12 indicate the date that the candidate swears to the application;
19-13 (3) be timely filed with the appropriate authority;
19-14 and
19-15 (4) include:
19-16 (A) the candidate's name;
19-17 (B) the candidate's occupation;
19-18 (C) the office sought, including any place
19-19 number or other distinguishing number;
19-20 (D) an indication of whether the office sought
19-21 is to be filled for a full or unexpired term if the office sought
19-22 and another office to be voted on have the same title but do not
19-23 have place numbers or other distinguishing numbers;
19-24 (E) a statement that the candidate is a United
19-25 States citizen;
19-26 (F) a statement that the candidate has not been
19-27 determined mentally incompetent by a final judgment of a court;
20-1 (G) a statement that the candidate has not been
20-2 finally convicted of a felony from which the candidate has not been
20-3 pardoned or otherwise released from the resulting disabilities;
20-4 (H) the candidate's date of birth;
20-5 (I) the candidate's residence address or, if the
20-6 residence has no address, the address at which the candidate
20-7 receives mail and a concise description of the location of the
20-8 candidate's residence;
20-9 (J) the candidate's length of continuous
20-10 residence in the state and in the territory from which the office
20-11 sought is elected as of the date the candidate swears to the
20-12 application;
20-13 (K) the statement: "I, __________, of
20-14 __________ County, Texas, being a candidate for the office of
20-15 __________, swear that I will support and defend the constitution
20-16 and laws of the United States and of the State of Texas"; and
20-17 (L) a statement that the candidate is aware of
20-18 the nepotism law, Articles 5996a et seq., <through 5996g of the>
20-19 Revised Statutes.
20-20 Sec. 252.0032. Contents of Appointment by Candidate.
20-21 (a) In addition to the information required by Section 252.002, a
20-22 campaign treasurer appointment by a candidate must include a
20-23 statement, signed by the candidate, that the candidate is aware of
20-24 the nepotism law, Articles 5996a et seq., <through 5996g of the>
20-25 Revised Statutes.
20-26 (b) A campaign treasurer appointment that is filed in a
20-27 manner other than by use of an officially prescribed form is not
21-1 invalid because it fails to comply with Subsection (a).
21-2 ARTICLE 4. CHANGES RELATING TO GOVERNMENT CODE
21-3 SECTION 4.01. Section 26.052, Government Code, is amended to
21-4 correct a reference to read as follows:
21-5 Sec. 26.052. PROBATE AND MENTAL HEALTH CODE CASES. (a) In
21-6 a county in which the county court and any county court created by
21-7 statute have jurisdiction in both probate matters and proceedings
21-8 under Subtitle C, Title 7, Health and Safety Code <the Texas Mental
21-9 Health Code (Article 5547-1 et seq., Vernon's Texas Civil
21-10 Statutes)>, during each year for which a statement has been filed
21-11 as provided by Subsection (b), those cases and proceedings must be
21-12 filed in a county court created by statute with jurisdiction of
21-13 those cases and proceedings.
21-14 (b) A county judge may file, not later than January 15 of
21-15 each year, a statement with the county clerk electing not to hear
21-16 probate matters and proceedings under Subtitle C, Title 7, Health
21-17 and Safety Code <the Texas Mental Health Code (Article 5547-1 et
21-18 seq., Vernon's Texas Civil Statutes)>.
21-19 SECTION 4.02. Section 443.009(b), Government Code, is
21-20 amended to correct a reference to read as follows:
21-21 (b) The board and the employees of the board have no control
21-22 over the furniture, furnishings, and decorative objects in the
21-23 offices of the members of the legislature except as provided by
21-24 Section 443.017 <443.016> or as necessary to inventory or conserve
21-25 items of historical significance owned by the state.
21-26 SECTION 4.03. (a) The heading to Subtitle E, Title 4,
21-27 Government Code, is amended to read as follows:
22-1 SUBTITLE E. OTHER EXECUTIVE AGENCIES
22-2 AND PROGRAMS
22-3 (b) Subtitle E, Title 4, Government Code, is amended to
22-4 codify Section 2, Chapter 6, Acts of the 72nd Legislature, 1st
22-5 Called Session, 1991 (Article 179g, Vernon's Texas Civil Statutes),
22-6 by adding Chapter 466 to read as follows:
22-7 CHAPTER 466. STATE LOTTERY
22-8 SUBCHAPTER A. GENERAL PROVISIONS
22-9 Sec. 466.001. SHORT TITLE. This chapter may be cited as the
22-10 State Lottery Act.
22-11 Sec. 466.002. DEFINITIONS. In this chapter:
22-12 (1) "Director" means the director of the division.
22-13 (2) "Division" means the lottery division established
22-14 in the office of the comptroller under this chapter.
22-15 (3) "Lottery" means the procedures operated by the
22-16 state under this chapter through which prizes are awarded or
22-17 distributed by chance among persons who have paid, or
22-18 unconditionally agreed to pay, for a chance or other opportunity to
22-19 receive a prize.
22-20 (4) "Lottery game" includes a lottery activity.
22-21 (5) "Lottery operator" means a person selected under
22-22 Section 466.014(b) to operate a lottery.
22-23 (6) "Player" means a person who contributes any part
22-24 of the consideration for a ticket.
22-25 (7) "Sales agent" or "sales agency" means a person
22-26 licensed under this chapter to sell tickets.
22-27 (8) "Ticket" means any tangible evidence issued to
23-1 provide participation in a lottery game authorized by this chapter.
23-2 Sec. 466.003. APPLICATION OF SUNSET ACT. (a) The lottery
23-3 division is subject to Chapter 325 (Texas Sunset Act). Unless
23-4 continued in existence as provided by that chapter, the division is
23-5 abolished and this chapter expires September 1, 2003.
23-6 (b) A contract between the division and a lottery operator
23-7 under Section 466.014(b) must terminate on or before September 1,
23-8 2004.
23-9 Sec. 466.004. EXEMPTION FROM TAXATION. (a) A political
23-10 subdivision of this state may not impose:
23-11 (1) a tax on the sale of a ticket;
23-12 (2) a tax on the payment of a prize under this
23-13 chapter; or
23-14 (3) an ad valorem tax on tickets.
23-15 (b) The receipts from the sale, use, or other consumption of
23-16 a ticket are exempt from taxation under Chapter 151, Tax Code.
23-17 (Sections 466.005-466.010 reserved for expansion
23-18 SUBCHAPTER B. ADMINISTRATION
23-19 Sec. 466.011. Lottery Division; DIRECTOR. (a) A division
23-20 to administer a state lottery is created in the office of the
23-21 comptroller. The division is administered by the director.
23-22 (b) The comptroller shall appoint a person to serve as
23-23 director and chief executive officer of the division subject to the
23-24 comptroller's direction. The director holds office at the will of
23-25 the comptroller and is specifically exempted from the Position
23-26 Classification Act of 1961 (Article 6252-11, Vernon's Texas Civil
23-27 Statutes). The director is entitled to receive an annual salary in
24-1 an amount set by the comptroller. The director also is entitled to
24-2 reimbursement for expenses actually and necessarily incurred in the
24-3 performance of the director's duties.
24-4 (c) The director may create, abolish, transfer, and
24-5 consolidate bureaus and other units in the division that are not
24-6 expressly established by law as the director determines to be
24-7 necessary for the efficient operation of the division.
24-8 (d) The legislature intends that the division be a
24-9 self-supporting, revenue-raising agency of state government.
24-10 Except as provided by Section 466.355, no appropriation, loan, or
24-11 other transfer of state funds may be made to the division.
24-12 (e) Notwithstanding Subsection (d), the comptroller may
24-13 transfer to the division amounts appropriated to the comptroller
24-14 for purposes other than the administration of this chapter. If the
24-15 comptroller proposes to transfer amounts under this subsection, the
24-16 comptroller shall notify the Legislative Budget Board in writing of
24-17 the amount of the proposed transfer. The comptroller may not make
24-18 the proposed transfer unless the board approves it. If the board
24-19 does not approve or disapprove the proposed transfer before the
24-20 10th day after the date that the comptroller notifies the board of
24-21 the proposed transfer, the board is considered to have approved the
24-22 transfer. If the board disapproves the proposed transfer, the
24-23 comptroller may request the governor to make a proposal for the
24-24 transfer of an appropriation as provided by Chapter 317.
24-25 (f) The comptroller shall reimburse any amount of an
24-26 appropriation transferred under Subsection (e) to the account or
24-27 fund from which it was transferred. The reimbursement must:
25-1 (1) be made from funds received by the comptroller for
25-2 license fees and ticket sales under this chapter; and
25-3 (2) be made not later than the first anniversary of
25-4 the date of the transfer.
25-5 (g) The comptroller's authority to transfer funds to the
25-6 division under Subsection (e) expires September 1, 1993. This
25-7 subsection and Subsections (e) and (f) expire January 1, 1995.
25-8 Sec. 466.012. DIVISION EMPLOYEES. (a) Except as otherwise
25-9 provided by law, the director may appoint deputies, assistants,
25-10 other officers and employees, committees, and consultants and may
25-11 prescribe their powers and their expenses. Division employees
25-12 serve at the will of the director.
25-13 (b) The director may not employ any person who would be
25-14 denied a license as a sales agent under Section 466.155.
25-15 (c) Division employees are specifically exempted from the
25-16 Position Classification Act of 1961 (Article 6252-11, Vernon's
25-17 Texas Civil Statutes). The director shall set the salaries of
25-18 these employees.
25-19 Sec. 466.013. MARKETING REPRESENTATIVES. The director may
25-20 employ or contract with marketing representatives to promote the
25-21 sale of tickets, to encourage persons to apply to become sales
25-22 agents, or to investigate the qualifications of sales agent
25-23 applicants. The marketing representatives are exempted from the
25-24 Position Classification Act of 1961 (Article 6252-11, Vernon's
25-25 Texas Civil Statutes) and may be compensated based on a sales
25-26 incentive system to be established by the director.
25-27 Sec. 466.014. Powers and Duties of Comptroller, Director,
26-1 and Division. (a) The comptroller and director have broad
26-2 authority and shall exercise strict control and close supervision
26-3 over all lottery games conducted in this state to promote and
26-4 ensure integrity, security, honesty, and fairness in the operation
26-5 and administration of the lottery.
26-6 (b) The director may contract with or employ a person to
26-7 perform a function, activity, or service in connection with the
26-8 operation of the lottery as prescribed by the director. A person
26-9 with whom the director contracts to operate a lottery must be
26-10 eligible for a sales agent license under Section 466.155.
26-11 (c) The director may award a contract for lottery supplies
26-12 or services, including a contract under Subsection (b), pending the
26-13 completion of any investigation authorized by this chapter. A
26-14 contract awarded under this subsection must include a provision
26-15 permitting the director to terminate the contract without penalty
26-16 if the investigation reveals that the person to whom the contract
26-17 is awarded would not be eligible for a sales agent license under
26-18 Section 466.155. The director's authority to award a contract
26-19 under this subsection expires September 1, 1993. This subsection
26-20 expires January 1, 1995.
26-21 Sec. 466.015. RULES. (a) The comptroller shall adopt all
26-22 rules necessary to administer this chapter. The director may
26-23 propose rules to be adopted by the comptroller, but the director's
26-24 proposed rules have no effect until adopted by the comptroller.
26-25 (b) The comptroller shall adopt rules to the extent they are
26-26 not inconsistent with the open meetings law, Chapter 271, Acts of
26-27 the 60th Legislature, Regular Session, 1967 (Article 6252-17,
27-1 Vernon's Texas Civil Statutes), and the open records law, Chapter
27-2 424, Acts of the 63rd Legislature, Regular Session, 1973 (Article
27-3 6252-17a, Vernon's Texas Civil Statutes), governing the:
27-4 (1) security for the lottery and the division,
27-5 including the development of an internal security plan;
27-6 (2) apportionment of the total revenues from the sale
27-7 of tickets and from all other sources in the amounts provided by
27-8 this chapter;
27-9 (3) enforcement of prohibitions on the sale of tickets
27-10 to or by an individual younger than 18 years of age; and
27-11 (4) enforcement of prohibitions on a person playing a
27-12 lottery game by telephone.
27-13 (c) The comptroller may adopt rules governing the
27-14 establishment and operation of the lottery, including rules
27-15 governing:
27-16 (1) the type of lottery games to be conducted;
27-17 (2) the price of each ticket;
27-18 (3) the number of winning tickets and amount of the
27-19 prize paid on each winning ticket;
27-20 (4) the frequency of the drawing or selection of a
27-21 winning ticket;
27-22 (5) the number and types of locations at which a
27-23 ticket may be sold;
27-24 (6) the method to be used in selling a ticket;
27-25 (7) the use of vending machines or electronic or
27-26 mechanical devices of any kind, other than machines or devices that
27-27 dispense currency or coins as prizes;
28-1 (8) the manner of paying a prize to the holder of a
28-2 winning ticket;
28-3 (9) the investigation of possible violations of this
28-4 chapter or any rule adopted under this chapter;
28-5 (10) the means of advertising to be used for the
28-6 lottery;
28-7 (11) the qualifications of vendors of lottery services
28-8 or equipment;
28-9 (12) the confidentiality of information relating to
28-10 the operation of the lottery, including:
28-11 (A) trade secrets;
28-12 (B) security measures, systems, or procedures;
28-13 (C) security reports;
28-14 (D) bids or other information regarding the
28-15 division's contracts, if disclosure of the information would impair
28-16 the division's ability to contract for facilities, goods, or
28-17 services on terms favorable to the division;
28-18 (E) personnel information unrelated to
28-19 compensation, duties, qualifications, or responsibilities; and
28-20 (F) information obtained by division security
28-21 officers or investigators;
28-22 (13) the development and availability of a model
28-23 agreement governing the division of a prize among multiple
28-24 purchasers of a winning ticket purchased through a group purchase
28-25 or pooling arrangement;
28-26 (14) the criteria to be used in evaluating bids for
28-27 contracts for lottery facilities, goods, and services; or
29-1 (15) any other matter necessary or desirable as
29-2 determined by the comptroller, to promote and ensure:
29-3 (A) the integrity, security, honesty, and
29-4 fairness of the operation and administration of the lottery; and
29-5 (B) the convenience of players and holders of
29-6 winning tickets.
29-7 Sec. 466.016. ANNUAL REPORT. The comptroller shall make an
29-8 annual report to the governor and the legislature that provides a
29-9 summary of lottery revenues, prize disbursements, and other
29-10 expenses for the fiscal year preceding the report. The report must
29-11 be in the form and reported in the time provided by the General
29-12 Appropriations Act.
29-13 Sec. 466.017. Audits. (a) The director shall provide for a
29-14 certified public accountant to conduct an independent audit for
29-15 each fiscal year of all accounts and transactions of the lottery.
29-16 The certified public accountant may not have, as determined by the
29-17 director, a significant financial interest in a sales agent,
29-18 lottery vendor, or lottery operator. The certified public
29-19 accountant shall present an audit report to the director, the
29-20 comptroller, the governor, and the legislature not later than April
29-21 1 of the year following the fiscal year for which the audit was
29-22 performed. The report must contain recommendations to enhance the
29-23 earnings capability of the lottery and improve the efficiency of
29-24 lottery operations. The state auditor may review the results of
29-25 and working papers related to the audit.
29-26 (b) Each lottery operator's and sales agent's records are
29-27 subject to audit by the division, the comptroller, and the state
30-1 auditor. For the purpose of carrying out this chapter, the
30-2 director, comptroller, or state auditor may examine all books,
30-3 records, papers, or other objects that the director, comptroller,
30-4 or state auditor determines are necessary for conducting a complete
30-5 examination under this chapter and may also examine under oath any
30-6 officer, director, or employee of a lottery operator or sales
30-7 agent. The director, comptroller, or state auditor may conduct an
30-8 examination at the principal office or any other office of the
30-9 lottery operator or sales agent or may require the lottery operator
30-10 or sales agent to produce the records at the office of the
30-11 division, comptroller, or state auditor. If a sales agent refuses
30-12 to permit an examination or to answer any question authorized by
30-13 this subsection, the comptroller may summarily suspend the license
30-14 of the sales agent under Section 466.160 until the examination is
30-15 completed as required. Section 321.013(h) does not apply to an
30-16 audit of a lottery operator or sales agent.
30-17 Sec. 466.018. Investigations. The attorney general, the
30-18 district attorney for Travis County, or the district attorney,
30-19 criminal district attorney, or county attorney performing the
30-20 duties of district attorney for the county in which the violation
30-21 or alleged violation occurred may investigate a violation or
30-22 alleged violation of this chapter and of the penal laws of this
30-23 state by the division or its employees, a sales agent, a lottery
30-24 vendor, or a lottery operator.
30-25 Sec. 466.019. Enforcement. (a) The comptroller or
30-26 designated personnel of the division may investigate violations of
30-27 this chapter and violations of the rules adopted under this
31-1 chapter. After conducting investigations, the comptroller, a
31-2 person designated by the comptroller, or any law enforcement agency
31-3 may file a complaint with the district attorney of Travis County or
31-4 with the district attorney of the county in which a violation is
31-5 alleged to have occurred.
31-6 (b) The comptroller has the administrative, enforcement, and
31-7 collection powers provided by Subtitle B, Title 2, Tax Code, in
31-8 regard to the lottery. For purposes of the application of Title 2
31-9 of the Tax Code, the state's share of proceeds from the sale of
31-10 lottery tickets is treated as if it were a tax.
31-11 Sec. 466.020. SECURITY. (a) The director shall maintain a
31-12 department of security in the division. The director shall appoint
31-13 a deputy to administer the department. The deputy must be
31-14 qualified by training and experience in law enforcement or security
31-15 to supervise, direct, and administer the activities of the
31-16 department.
31-17 (b) The director may employ security officers or
31-18 investigators as the director considers necessary and may
31-19 commission security officers or investigators as peace officers.
31-20 The deputy and all investigators employed by the department of
31-21 security as peace officers must meet the requirements under Chapter
31-22 415 for employment and commission as peace officers.
31-23 (c) A security officer or investigator employed by the
31-24 department of security or a peace officer who is working in
31-25 conjunction with the comptroller or the Department of Public Safety
31-26 in the enforcement of this chapter, without a search warrant, may
31-27 search and seize a lottery vending machine, lottery computer
32-1 terminal, or other lottery equipment that is located on premises
32-2 for which a person holds a sales agent license issued under this
32-3 chapter.
32-4 (d) The Department of Public Safety, at the comptroller's
32-5 request, shall perform a full criminal background investigation of
32-6 a prospective deputy or investigator of the department of security.
32-7 The comptroller shall reimburse the Department of Public Safety for
32-8 the actual costs of an investigation.
32-9 (e) At least once every two years, the director shall employ
32-10 an independent firm that is experienced in security, including
32-11 computer security and systems security, to conduct a comprehensive
32-12 study of all aspects of lottery security, including:
32-13 (1) lottery personnel security;
32-14 (2) sales agent security;
32-15 (3) lottery operator and vendor security;
32-16 (4) security against ticket counterfeiting and
32-17 alteration and other means of fraudulent winning;
32-18 (5) security of lottery drawings;
32-19 (6) lottery computer, data communications, database,
32-20 and systems security;
32-21 (7) lottery premises and warehouse security;
32-22 (8) security of distribution of tickets;
32-23 (9) security of validation and payment procedures;
32-24 (10) security involving unclaimed prizes;
32-25 (11) security aspects of each lottery game;
32-26 (12) security against the deliberate placement of
32-27 winning tickets in lottery games that involve preprinted winning
33-1 tickets by persons involved in the production, storage,
33-2 transportation, or distribution of tickets; and
33-3 (13) other security aspects of lottery operations.
33-4 (f) The director shall provide the comptroller with a
33-5 complete report of the security study conducted under Subsection
33-6 (e). The comptroller shall provide the governor and the
33-7 legislature, before the convening of each regular legislative
33-8 session, with a summary of the security study that shows the
33-9 overall evaluation of the lottery's security.
33-10 (g) The first security study conducted under Subsection (e)
33-11 must be conducted not later than the first anniversary of the first
33-12 sale of a ticket to a player under this chapter. The first report
33-13 to the governor and legislature under Subsection (f) must be made
33-14 before the convening of the regular session of the 74th
33-15 Legislature. This subsection expires June 1, 1995.
33-16 Sec. 466.021. DEMOGRAPHIC STUDIES. (a) The director shall,
33-17 every two years, employ an independent firm experienced in
33-18 demographic analysis to conduct a demographic study of lottery
33-19 players. The study must include the income, age, sex, education,
33-20 and frequency of participation of players.
33-21 (b) The director shall report the results of the demographic
33-22 study conducted under Subsection (a) to the comptroller, the
33-23 governor, and the legislature before the convening of each regular
33-24 legislative session.
33-25 Sec. 466.022. Confidential Information. The following
33-26 information is confidential and is exempt from disclosure under the
33-27 open records law, Chapter 424, Acts of the 63rd Legislature,
34-1 Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil
34-2 Statutes):
34-3 (1) security plans and procedures of the division or
34-4 the office of the comptroller designed to ensure the integrity and
34-5 security of the operation of the lottery;
34-6 (2) information of a nature that is designed to ensure
34-7 the integrity and security of the selection of winning tickets or
34-8 numbers in the lottery, other than information describing the
34-9 general procedures for selecting winning tickets or numbers; and
34-10 (3) the street address and telephone number of a prize
34-11 winner, if the prize winner has not consented to the release of the
34-12 information.
34-13 Sec. 466.023. DEPARTMENT OF PUBLIC SAFETY RECORDS. (a)
34-14 Except as otherwise provided by this chapter, all files, records,
34-15 information, compilations, documents, photographs, reports,
34-16 summaries, and reviews of information and related matters
34-17 collected, retained, or compiled by the Department of Public Safety
34-18 in the discharge of its duties under this chapter are confidential
34-19 and are not subject to public disclosure. Each of those items is
34-20 subject to discovery by a person that is the subject of the item.
34-21 (b) An investigation report or other document submitted by
34-22 the Department of Public Safety to the division becomes part of the
34-23 investigative files of the division and is subject to discovery by
34-24 a person that is the subject of the investigation report or other
34-25 document.
34-26 (c) Information that is in the form available to the public
34-27 is not privileged or confidential under this section and is subject
35-1 to public disclosure.
35-2 Sec. 466.024. PROHIBITED GAMES. (a) The director or a
35-3 lottery operator may not establish or operate a lottery game in
35-4 which the winner is chosen on the basis of the outcome of a sports
35-5 event.
35-6 (b) The comptroller shall adopt rules prohibiting the
35-7 operation of any game using a video lottery machine or machine.
35-8 (c) In this section:
35-9 (1) "Sports event" means a football, basketball,
35-10 baseball, or similar game, or a horse or dog race on which
35-11 pari-mutuel wagering is allowed.
35-12 (2) "Video lottery machine" or "machine" means any
35-13 electronic video game machine that, upon insertion of cash, is
35-14 available to play or simulate the play of a video game, including
35-15 video poker, keno, and blackjack, using a video display and
35-16 microprocessors in which the player may receive free games or
35-17 credits that can be redeemed for cash, coins, or tokens, or that
35-18 directly dispenses cash, coins, or tokens.
35-19 Sec. 466.025. REPORTS OF TICKETS SOLD AND PRIZES AWARDED.
35-20 For each lottery game, after the last date on which a prize may be
35-21 claimed under Section 466.408(d), the director shall prepare a
35-22 report that shows the total number of tickets sold and the number
35-23 and amounts of prizes awarded in the game. The report must be
35-24 available for public inspection.
35-25 (Sections 466.026-466.100 reserved for expansion
35-26 SUBCHAPTER C. PROCUREMENT; ADVERTISING
35-27 Sec. 466.101. PROCUREMENT PROCEDURES. (a) The director may
36-1 establish procedures for the purchase or lease of facilities,
36-2 goods, and services and make any purchases, leases, or contracts
36-3 that are necessary for carrying out the purposes of this chapter.
36-4 The procedures must, as determined feasible and appropriate by the
36-5 director, promote competition to the maximum extent possible.
36-6 (b) In all procurement decisions, the director shall take
36-7 into account the particularly sensitive nature of the lottery and
36-8 shall act to promote and ensure integrity, security, honesty, and
36-9 fairness in the operation and administration of the lottery and the
36-10 objective of producing revenues for the state treasury.
36-11 (c) The procurement procedures adopted by the director must,
36-12 as determined feasible and appropriate by the director, afford any
36-13 party who is aggrieved by the terms of a solicitation or the award
36-14 of a contract an opportunity to protest the director's action to
36-15 the comptroller. The protest procedures must provide for an
36-16 expedient resolution of the protest in order to avoid substantially
36-17 delaying a solicitation or contract award that is necessary for the
36-18 timely implementation of a lottery game. A protest must be in
36-19 writing and be filed with the comptroller not later than 72 hours
36-20 after receipt of notice of the director's action.
36-21 (d) A party who is aggrieved by the comptroller's resolution
36-22 of a protest under Subsection (c) may file an action in the
36-23 district court of Travis County. The court shall give preference
36-24 to hearings and trials of actions under this section. If the party
36-25 filing the action seeks to enjoin the implementation of a
36-26 solicitation or contract, the party shall post a bond that is
36-27 payable to the state if the party does not prevail in the appeal,
37-1 and is in an amount sufficient to compensate the state for the
37-2 revenue that would be lost due to the delay in lottery operations.
37-3 (e) The comptroller shall require any person seeking to
37-4 contract for goods or services relating to the implementation and
37-5 administration of this chapter to submit to competitive bidding
37-6 procedures in accordance with rules adopted by the comptroller.
37-7 The procedures must be for the purpose of ensuring fairness and
37-8 integrity.
37-9 Sec. 466.102. LIQUIDATED DAMAGES; PERFORMANCE BOND. A
37-10 contract for the acquisition or provision of facilities, supplies,
37-11 equipment, materials, or services related to the operation of the
37-12 lottery must provide for liquidated damages and a performance bond
37-13 in an amount equal to the director's best available estimate of the
37-14 revenue that would be lost if the contractor fails to meet
37-15 deadlines specified in the contract.
37-16 Sec. 466.103. PROHIBITED CONTRACTS. The director may not
37-17 award a contract for the purchase or lease of facilities, goods, or
37-18 services related to lottery operations to a person who would be
37-19 denied a license as a sales agent under Section 466.155.
37-20 Sec. 466.104. ASSISTANCE OF GENERAL SERVICES COMMISSION. On
37-21 request of the director, the General Services Commission shall
37-22 assist the director in:
37-23 (1) acquiring facilities, supplies, materials,
37-24 equipment, and services under the State Purchasing and General
37-25 Services Act (Article 601b, Vernon's Texas Civil Statutes); or
37-26 (2) establishing procedures for the director's
37-27 accelerated acquisition of facilities, supplies, materials,
38-1 equipment, and services for the operation of the lottery.
38-2 Sec. 466.105. APPLICABILITY OF OTHER LAW. (a) A contract
38-3 for the acquisition or provision of facilities, supplies,
38-4 equipment, materials, or services related to the operation of the
38-5 lottery is not subject to the Information Resources Management Act
38-6 (Article 4413(32j), Revised Statutes).
38-7 (b) Notwithstanding the provisions of the Public Utility
38-8 Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), the
38-9 comptroller may negotiate rates and execute contracts with
38-10 telecommunications service providers for the interexchange services
38-11 necessary for the operation of the lottery. The comptroller may
38-12 acquire transmission facilities by lease, purchase, or
38-13 lease-purchase. The acquisition of transmission facilities must be
38-14 done on a competitive bid basis if possible.
38-15 Sec. 466.106. PREFERENCE FOR TEXAS BUSINESSES. (a) In all
38-16 contracts for lottery equipment, supplies, services, and
38-17 advertising, the division and each lottery operator shall give
38-18 preference to equipment or supplies produced in this state or
38-19 services or advertising offered by bidders from this state, the
38-20 cost to the state and quality being equal.
38-21 (b) If equipment or supplies produced in this state or
38-22 services or advertising offered by a bidder from this state are not
38-23 equal in cost and quality, then equipment or supplies produced in
38-24 another state or services or advertising offered by a bidder from
38-25 another state shall be given preference over foreign equipment,
38-26 supplies, services, or advertising.
38-27 Sec. 466.107. MINORITY BUSINESSES. (a) The director, the
39-1 division, and each lottery operator shall take positive steps to:
39-2 (1) inform minority businesses of opportunities to:
39-3 (A) provide lottery equipment and supplies to
39-4 the division;
39-5 (B) provide services, including advertising, to
39-6 the division for the operation of the lottery; or
39-7 (C) obtain a license to sell lottery tickets;
39-8 (2) waive or modify bond requirements, if feasible;
39-9 (3) award contracts for lottery equipment or supplies
39-10 to minority businesses when possible;
39-11 (4) award contracts for lottery services, including
39-12 advertising, to minority businesses when possible;
39-13 (5) license minority businesses as sales agents;
39-14 (6) monitor the effectiveness of the efforts to
39-15 increase the ability of minority businesses to do business with the
39-16 division; and
39-17 (7) require all bidders or contractors, when
39-18 appropriate, to include specific plans or arrangements to use
39-19 subcontracts with minority businesses.
39-20 (b) In this section:
39-21 (1) "Minority business" means a business entity at
39-22 least 51 percent of which is owned by minority group members or, in
39-23 the case of a corporation, at least 51 percent of the shares of
39-24 which are owned by minority group members, and that:
39-25 (A) is managed and, in daily operations, is
39-26 controlled by minority group members; and
39-27 (B) is a domestic business entity with a home or
40-1 branch office located in this state and is not a branch or
40-2 subsidiary of a foreign corporation, firm, or other business
40-3 entity.
40-4 (2) "Minority group members" includes:
40-5 (A) African Americans;
40-6 (B) American Indians;
40-7 (C) Asian Americans; and
40-8 (D) Mexican Americans and other Americans of
40-9 Hispanic origin.
40-10 (c) The comptroller shall annually report to the legislature
40-11 and the governor on the level of minority business participation as
40-12 pertains to both the division's contracts and the licensing of
40-13 sales agents. The report must include recommendations for the
40-14 improvement of minority business opportunities in lottery-related
40-15 business.
40-16 Sec. 466.108. TELEVISION CONTRACTS. If the drawing or
40-17 selection of winning tickets is televised under a contract with the
40-18 division, the contract must be awarded by competitive bid. The
40-19 comptroller shall adopt rules governing the competitive bidding
40-20 process. Money received under the contract shall be deposited in
40-21 the state lottery account established under Section 466.355.
40-22 Sec. 466.109. PUBLICITY OF INDIVIDUALS PROHIBITED. (a) A
40-23 state officer or employee, including the comptroller, the director,
40-24 or an officer or employee of the comptroller's office or the
40-25 division, may not appear in an advertisement or promotion for the
40-26 lottery that is sponsored by the comptroller's office or the
40-27 division or in a televised lottery drawing. An advertisement or
41-1 promotion for the lottery may not contain the likeness or name of a
41-2 state officer or employee, including the comptroller, the director,
41-3 or an officer or employee of the comptroller's office or the
41-4 division.
41-5 (b) In connection with providing security for the lottery,
41-6 this section does not prohibit a security officer or investigator
41-7 employed by the division from appearing in a televised lottery
41-8 drawing or other promotion for the lottery that is sponsored by the
41-9 comptroller's office or the division.
41-10 (c) Notwithstanding this section, the director may designate
41-11 an employee of the division to participate in a promotional event,
41-12 the purpose of which is to award a prize.
41-13 Sec. 466.110. PROHIBITED ADVERTISEMENTS. The legislature
41-14 intends that advertisements or promotions sponsored by the
41-15 comptroller's office or the division for the lottery not be of a
41-16 nature that unduly influences any person to purchase a lottery
41-17 ticket or number.
41-18 (Sections 466.111-466.150 reserved for expansion
41-19 SUBCHAPTER D. LICENSING OF SALES AGENTS
41-20 Sec. 466.151. LICENSE REQUIRED. (a) If the director
41-21 authorizes a person who is not an employee of the division to sell
41-22 tickets, the person must be licensed as a sales agent by the
41-23 division.
41-24 (b) The director may establish classes of licenses necessary
41-25 to regulate and administer the quantity and type of lottery games
41-26 provided at each licensed location.
41-27 (c) The director shall attempt to license minority
42-1 businesses as sales agents in at least 20 percent of the licenses
42-2 issued. Implementation of this subsection must be consistent with
42-3 Sections 466.152-466.154 and the rest of this section.
42-4 (d) The director may license as a sales agent each person
42-5 the director believes will best serve the public convenience. The
42-6 director may not issue a license to a person to engage in business
42-7 exclusively as a sales agent. A license may not be transferred or
42-8 assigned to any other person or location.
42-9 (e) The director may issue a license to a person only if the
42-10 director finds that the person's experience, character, and general
42-11 fitness are such that the person's participation as a sales agent
42-12 will not detract from the integrity, security, honesty, and
42-13 fairness of the operation of the lottery.
42-14 Sec. 466.152. LICENSE APPLICATION; FEE. (a) An applicant
42-15 for a license under this subchapter must apply to the division
42-16 under rules adopted by the comptroller, provide information
42-17 necessary to determine the applicant's eligibility for a license
42-18 under Section 466.155, and provide other information considered
42-19 necessary by the comptroller.
42-20 (b) The applicant must include an application fee with each
42-21 application. The director shall set the application fee in an
42-22 amount that is at least sufficient to cover the costs incurred by
42-23 the division and by the Department of Public Safety to process the
42-24 application. The director shall determine from information
42-25 provided by the department the amount required for costs incurred
42-26 by the department and shall allocate those amounts to the
42-27 department at least monthly. If the director denies an application
43-1 for a license based on a factor listed in Section 466.154, the
43-2 director shall refund one-half of the application fee to the
43-3 applicant. If the director denies an application based on another
43-4 factor, the director may not refund any part of the application
43-5 fee.
43-6 (c) Applications for licenses must be available for public
43-7 inspection during regular office hours.
43-8 (d) A separate license is required for each location at
43-9 which tickets are to be sold. A person who desires to operate more
43-10 than one location to sell tickets must submit a separate
43-11 application for each location.
43-12 (e) Fees collected under this section shall be deposited in
43-13 the state treasury to the credit of the state lottery account.
43-14 Sec. 466.153. CHANGE IN APPLICATION INFORMATION. (a)
43-15 Except as provided by Subsection (b), an applicant or sales agent
43-16 shall notify the director of any change in the information in the
43-17 applicant's or sales agent's most recent application for a license
43-18 or renewal of a license. The applicant or sales agent shall notify
43-19 the director of the change in the information not later than the
43-20 10th day after the date of the change.
43-21 (b) A corporate applicant or sales agent is not required to
43-22 notify the director under Subsection (a) of a transfer of less than
43-23 10 percent of the corporate stock unless the transfer results in a
43-24 shareholder who previously held 10 percent or less of the stock
43-25 holding more than 10 percent of the stock.
43-26 Sec. 466.154. RULES. The comptroller shall adopt rules
43-27 under which, before issuing a license to an applicant, the director
44-1 shall consider:
44-2 (1) the financial responsibility and security of the
44-3 applicant and the business or activity in which the applicant is
44-4 engaged;
44-5 (2) the public accessibility of the applicant's place
44-6 of business or activity;
44-7 (3) the sufficiency of existing sales agents to serve
44-8 the public convenience;
44-9 (4) whether individuals under 18 years of age
44-10 constitute a majority of the applicant's customers or as customers
44-11 provide a majority of the applicant's sales volume;
44-12 (5) the volume of expected sales; and
44-13 (6) any other factor that the director considers
44-14 appropriate.
44-15 Sec. 466.155. DENIAL OF APPLICATION OR SUSPENSION OR
44-16 REVOCATION OF LICENSE. (a) After a hearing, the director shall
44-17 deny an application for a license or the comptroller shall suspend
44-18 or revoke a license if the director or comptroller, as applicable,
44-19 finds that the applicant or sales agent:
44-20 (1) is an individual who:
44-21 (A) has been convicted of a felony, criminal
44-22 fraud, gambling or a gambling-related offense, or a misdemeanor
44-23 involving moral turpitude, if less than 10 years has elapsed since
44-24 the termination of the sentence, parole, mandatory supervision, or
44-25 probation served for the offense;
44-26 (B) is or has been a professional gambler; or
44-27 (C) is married to or related in the first degree
45-1 of consanguinity or affinity to an individual:
45-2 (i) described in Paragraph (A) or (B); or
45-3 (ii) who is currently delinquent in the
45-4 payment of any state tax;
45-5 (2) is not an individual, and an individual described
45-6 in Subdivision (1):
45-7 (A) is an officer or director of the applicant
45-8 or sales agent;
45-9 (B) holds more than 10 percent of the stock in
45-10 the applicant or sales agent;
45-11 (C) holds an equitable interest greater than 10
45-12 percent in the applicant or sales agent;
45-13 (D) is a creditor of the applicant or sales
45-14 agent who holds more than 10 percent of the applicant's or sales
45-15 agent's outstanding debt;
45-16 (E) is the owner or lessee of a business that
45-17 the applicant or sales agent conducts or through which the
45-18 applicant will conduct a ticket sales agency;
45-19 (F) shares or will share in the profits, other
45-20 than stock dividends, of the applicant or sales agent;
45-21 (G) participates in managing the affairs of the
45-22 applicant or sales agent; or
45-23 (H) is an employee of the applicant or sales
45-24 agent who is or will be involved in:
45-25 (i) selling tickets; or
45-26 (ii) handling money from the sale of
45-27 tickets;
46-1 (3) is currently delinquent in the payment of any
46-2 state tax;
46-3 (4) is a person whose location for the sales agency
46-4 is:
46-5 (A) a racetrack at which wagering is authorized
46-6 under the Texas Racing Act (Article 179e, Vernon's Texas Civil
46-7 Statutes);
46-8 (B) a location licensed for games of bingo under
46-9 the Bingo Enabling Act (Article 179d, Vernon's Texas Civil
46-10 Statutes);
46-11 (C) on land that is owned by:
46-12 (i) this state; or
46-13 (ii) a political subdivision of this
46-14 state, other than land used as a mass transportation facility that
46-15 is used by commercial carriers; or
46-16 (D) a location for which a person holds a wine
46-17 and beer retailer's permit, mixed beverage permit, mixed beverage
46-18 late hours permit, private club registration permit, or private
46-19 club late hours permit issued under Chapter 25, 28, 29, 32, or 33,
46-20 Alcoholic Beverage Code; or
46-21 (5) has violated this chapter or a rule adopted under
46-22 this chapter.
46-23 (b) If the director proposes to deny an application for a
46-24 license or the comptroller proposes to suspend or revoke a license
46-25 under this section, the applicant or sales agent is entitled to
46-26 written notice of the time and place of the hearing. A notice may
46-27 be served on an applicant or sales agent personally or sent by
47-1 certified or registered mail, return receipt requested, to the
47-2 person's mailing address as it appears on the division's records.
47-3 A notice must be served or mailed not later than the 20th day
47-4 before the date of the hearing.
47-5 (c) At a hearing, an applicant or sales agent must show by a
47-6 preponderance of the evidence why the application should not be
47-7 denied or the license suspended or revoked.
47-8 (d) The director shall give an applicant or sales agent
47-9 written notice of a denial of an application or a suspension or
47-10 revocation of a license.
47-11 (e) The director may not issue a license to a person who has
47-12 previously had a license under this chapter revoked unless the
47-13 director is satisfied the person will comply with this chapter and
47-14 the rules adopted under this chapter. The director may prescribe
47-15 the terms under which a suspended license will be reissued.
47-16 (f) The director may not issue a license to an applicant who
47-17 fails to certify to the director the applicant's compliance with
47-18 the federal Americans with Disabilities Act of 1990 (42 U.S.C.
47-19 Section 12101 et seq.).
47-20 Sec. 466.156. BOND; INSURANCE. (a) Each sales agent shall
47-21 post a cash bond, surety bond, letter of credit, certificate of
47-22 deposit, or other security approved by the director. The amount of
47-23 the security shall be determined by the director and must reflect
47-24 the possible losses to the state from the operation of the sales
47-25 agent.
47-26 (b) The director may also require a sales agent to maintain
47-27 insurance if necessary to protect the interests of the state.
48-1 Sec. 466.157. DISPLAY OF LICENSE. As prescribed by division
48-2 rules, each sales agent shall prominently display the license in
48-3 each place of business or activity at which the sales agent sells
48-4 tickets.
48-5 Sec. 466.158. EXPIRATION OF LICENSE; RENEWAL. (a) Unless
48-6 suspended or revoked, a license expires on the date specified in
48-7 the license, which may not be later than the second anniversary of
48-8 its date of issuance.
48-9 (b) The comptroller shall adopt rules for the renewal of
48-10 licenses. The director shall set the fee for a renewal of a
48-11 license in an amount at least sufficient to cover the cost of
48-12 processing the renewal.
48-13 (c) A sales agent must file a renewal application and pay
48-14 the renewal fee before the sales agent's license expires.
48-15 Sec. 466.159. DEATH, DISSOLUTION, OR BANKRUPTCY OF SALES
48-16 AGENT. (a) A license issued under this chapter expires on:
48-17 (1) the death of a sales agent who is an individual;
48-18 (2) the dissolution of a sales agent that is not an
48-19 individual; or
48-20 (3) the bankruptcy or receivership of a sales agent.
48-21 (b) If a license expires under Subsection (a) and the sales
48-22 agent's successor in interest desires to operate the sales agency,
48-23 the successor shall file an application for an extended license not
48-24 later than the 30th day after the date the license expired. The
48-25 application must state the basis for the applicant's claim to be
48-26 the successor in interest to the sales agent and must contain a
48-27 certification that the applicant would be eligible for a license
49-1 under Section 466.155. The director shall permit a qualified
49-2 applicant to operate under an extended license for not more than
49-3 one year or until a new license is issued to the applicant,
49-4 whichever occurs first.
49-5 Sec. 466.160. SUMMARY SUSPENSION OF LICENSE. (a) The
49-6 comptroller may suspend a sales agent's license summarily without
49-7 notice or hearing if the comptroller finds that the action is
49-8 necessary to maintain the integrity, security, honesty, or fairness
49-9 of the operation or administration of the lottery or to prevent
49-10 financial loss to the state and:
49-11 (1) the sales agent fails to deposit money received
49-12 from ticket sales under Section 466.351;
49-13 (2) an event occurs that would render the sales agent
49-14 ineligible for a license under Section 466.155;
49-15 (3) the sales agent refuses to permit the director,
49-16 the comptroller, or the state auditor to examine the agent's books,
49-17 records, papers, or other objects under Section 466.017(b); or
49-18 (4) the director learns the sales agent has failed to
49-19 disclose information that would, if disclosed, render the sales
49-20 agent ineligible for a license under Section 466.155.
49-21 (b) The comptroller may summarily suspend a sales agent's
49-22 license if proceedings for a preliminary hearing before the
49-23 comptroller or the comptroller's representative are initiated
49-24 simultaneously with the summary suspension. The preliminary
49-25 hearing shall be set for a date not later than 10 days after the
49-26 date of the summary suspension, unless the parties agree to a later
49-27 date.
50-1 (c) At the preliminary hearing, the sales agent must show
50-2 cause why the license should not remain suspended pending a final
50-3 hearing on suspension or revocation. The Administrative Procedure
50-4 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
50-5 Statutes) does not apply to the comptroller in the administration
50-6 and enforcement of the summary suspension of a license under this
50-7 section. The rules governing a hearing on any other license
50-8 suspension or revocation under this chapter govern a final
50-9 administrative hearing under this subsection.
50-10 (d) To initiate a proceeding to summarily suspend a sales
50-11 agent's license, the comptroller must serve notice to the sales
50-12 agent informing the agent of the right to a preliminary hearing
50-13 before the comptroller or the comptroller's representative and of
50-14 the time and place of the preliminary hearing. The notice must be
50-15 personally served on the sales agent or an officer, employee, or
50-16 agent of the sales agent or sent by certified or registered mail,
50-17 return receipt requested, to the sales agent's mailing address as
50-18 it appears on the division's records. The notice must state the
50-19 alleged violations that constitute grounds for summary suspension.
50-20 The suspension is effective at the time the notice is served. If
50-21 notice is served in person, the sales agent shall immediately
50-22 surrender the license to the comptroller or to the comptroller's
50-23 representative. If notice is served by mail, the sales agent shall
50-24 immediately return the license to the comptroller. If the sales
50-25 agent uses an on-line electronic terminal to sell tickets, the
50-26 director or a lottery operator on the instructions of the director
50-27 may terminate the connection of the terminal to the division's
51-1 lottery computer at the time the proceeding to summarily suspend
51-2 the license is initiated.
51-3 (Sections 466.161-466.200 reserved for expansion
51-4 SUBCHAPTER E. CRIMINAL HISTORY INVESTIGATIONS
51-5 Sec. 466.201. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION.
51-6 (a) The comptroller is entitled to conduct an investigation of and
51-7 is entitled to obtain criminal history record information
51-8 maintained by the Department of Public Safety, the Federal Bureau
51-9 of Investigation Identification Division, or another law
51-10 enforcement agency to assist in the investigation of:
51-11 (1) a sales agent or an applicant for a sales agent
51-12 license;
51-13 (2) a person required to be named in a license
51-14 application;
51-15 (3) a lottery operator or prospective lottery
51-16 operator;
51-17 (4) an employee of a lottery operator or prospective
51-18 lottery operator, if the employee is or will be directly involved
51-19 in lottery operations;
51-20 (5) a person who manufactures or distributes lottery
51-21 equipment or supplies, or a representative of a person who
51-22 manufactures or distributes lottery equipment or supplies offered
51-23 to the lottery;
51-24 (6) a person who has submitted a written bid or
51-25 proposal to the division in connection with the procurement of
51-26 goods or services by the division, if the amount of the bid or
51-27 proposal exceeds $500;
52-1 (7) an employee or other person who works for or will
52-2 work for a sales agent or an applicant for a sales agent license;
52-3 (8) a person who proposes to enter into or who has a
52-4 contract with the division to supply goods or services to the
52-5 division; or
52-6 (9) if a person described in Subdivisions (1) through
52-7 (8) is not an individual, an individual who:
52-8 (A) is an officer or director of the person;
52-9 (B) holds more than 10 percent of the stock in
52-10 the person;
52-11 (C) holds an equitable interest greater than 10
52-12 percent in the person;
52-13 (D) is a creditor of the person who holds more
52-14 than 10 percent of the person's outstanding debt;
52-15 (E) is the owner or lessee of a business that
52-16 the person conducts or through which the person will conduct
52-17 lottery-related activities;
52-18 (F) shares or will share in the profits, other
52-19 than stock dividends, of the person;
52-20 (G) participates in managing the affairs of the
52-21 person; or
52-22 (H) is an employee of the person who is or will
52-23 be involved in:
52-24 (i) selling tickets; or
52-25 (ii) handling money from the sale of
52-26 tickets.
52-27 (b) The comptroller shall conduct an investigation of and
53-1 obtain criminal history record information maintained by the
53-2 Department of Public Safety, the Federal Bureau of Investigation
53-3 Identification Division, or another law enforcement agency to
53-4 assist in the investigation of:
53-5 (1) the director or a prospective director of the
53-6 division; or
53-7 (2) an employee or prospective employee of the
53-8 division.
53-9 (c) Not later than the first anniversary after the date of
53-10 each renewal, the comptroller shall obtain criminal history record
53-11 information maintained by the Department of Public Safety on a
53-12 sales agent whose license is renewed under Section 466.158.
53-13 Sec. 466.202. FINGERPRINTS. (a) The director may discharge
53-14 from employment an employee of the division who fails to provide a
53-15 complete legible set of fingerprints on request. The director may
53-16 refuse to consider a prospective employee of the division who fails
53-17 to provide a complete legible set of fingerprints on request.
53-18 (b) The director may deny an application for a license or
53-19 the comptroller may suspend or revoke a license if the applicant or
53-20 sales agent fails on request to provide a complete legible set of
53-21 fingerprints of:
53-22 (1) a person required to be named in a license
53-23 application; or
53-24 (2) an employee or other person who works or will work
53-25 for the applicant or sales agent, if the person:
53-26 (A) is or will be involved in the sale of
53-27 tickets; or
54-1 (B) handles or will handle money from the sale
54-2 of tickets.
54-3 (c) All fingerprints submitted to the Department of Public
54-4 Safety must be on a form prescribed by the department.
54-5 Sec. 466.203. DEPARTMENT OF PUBLIC SAFETY ASSISTANCE; COSTS
54-6 OF INVESTIGATION. (a) The director may request the cooperation of
54-7 the Department of Public Safety to perform a background
54-8 investigation of a person listed in Section 466.201(a) or (b). The
54-9 director shall reimburse the department for the actual cost of an
54-10 investigation.
54-11 (b) The director may require a person who is subject to
54-12 investigation to pay all costs of the investigation and to provide
54-13 any information, including fingerprints, necessary to carry out the
54-14 investigation or facilitate access to state or federal criminal
54-15 history record information. Payments made to the director under
54-16 this subsection shall be deposited in the general revenue fund and
54-17 may be used to reimburse the Department of Public Safety for the
54-18 actual costs of an investigation.
54-19 (c) Unless otherwise prohibited by law, the Department of
54-20 Public Safety may retain any record or information submitted to it
54-21 under this section. The department shall notify the director of
54-22 any change in information provided to the director when the
54-23 department learns of the change.
54-24 Sec. 466.204. ACCESS TO INTERNAL REVENUE SERVICE
54-25 INFORMATION. The director may obtain information relating to a
54-26 person's qualification for licensing, employment, or contracting
54-27 under this chapter from the Internal Revenue Service under a
55-1 contract between the comptroller and the Internal Revenue Service
55-2 on:
55-3 (1) a sales agent or an applicant for a sales agent
55-4 license;
55-5 (2) an employee or prospective employee of the
55-6 division;
55-7 (3) a person required to be named in a license
55-8 application;
55-9 (4) a lottery operator or prospective lottery
55-10 operator;
55-11 (5) an employee of a lottery operator or prospective
55-12 lottery operator, if the employee is or will be directly involved
55-13 in lottery operations;
55-14 (6) a person who manufactures or distributes lottery
55-15 equipment or supplies, or a representative of a person who
55-16 manufactures or distributes lottery equipment or supplies offered
55-17 to the lottery;
55-18 (7) a person who has submitted a written bid or
55-19 proposal to the division in connection with the procurement of
55-20 goods or services by the division;
55-21 (8) an employee or other person who works for or will
55-22 work for a sales agent or an applicant for a sales agent license;
55-23 or
55-24 (9) a person who proposes to enter into or who has a
55-25 contract with the division to supply goods or services to the
55-26 division.
55-27 Sec. 466.205. CONFIDENTIAL INFORMATION; OFFENSE. (a) All
56-1 criminal history record information received by the director is
56-2 privileged information and is for the exclusive use of the director
56-3 and employees of the division designated by the director. Except
56-4 on court order or as provided by Subsection (c), the information
56-5 may not be released or otherwise disclosed to any other person or
56-6 agency.
56-7 (b) All information received by the director from the
56-8 Internal Revenue Service is confidential and may only be used as
56-9 provided by the contract between the comptroller and the Internal
56-10 Revenue Service under which the information was obtained.
56-11 (c) The director or an employee of the division may not
56-12 provide any person being investigated under this subchapter with a
56-13 copy of the person's criminal history record obtained from the
56-14 Department of Public Safety, the Federal Bureau of Investigation
56-15 Identification Division, or another law enforcement agency. This
56-16 subsection does not prevent the director from disclosing to the
56-17 person the dates and places of arrests, offenses, and dispositions
56-18 contained in the criminal history records.
56-19 (d) The comptroller shall adopt necessary rules governing
56-20 the custody and use of information obtained under this subchapter.
56-21 (e) A person commits an offense if the person releases or
56-22 discloses information received by the comptroller under this
56-23 subchapter except on court order or as provided by Subsection (c).
56-24 An offense under this subsection is a Class A misdemeanor.
56-25 (Sections 466.206-466.250 reserved for expansion
56-26 SUBCHAPTER F. REGULATION OF GAMES
56-27 Sec. 466.251. TICKETS. (a) The director shall prescribe
57-1 the form of tickets.
57-2 (b) The toll-free "800" telephone number established by the
57-3 Texas Commission on Alcohol and Drug Abuse under Section 461.018,
57-4 Health and Safety Code, must be printed on each ticket.
57-5 (c) The overall estimated odds of winning a prize in a
57-6 particular lottery game must be printed on each ticket and
57-7 prominently displayed in association with the sale of lottery
57-8 products. The estimate must be based on reasonable projections and
57-9 past experience.
57-10 Sec. 466.252. PURCHASE OF TICKET AGREEMENT TO ABIDE BY
57-11 RULES. (a) By purchasing a ticket in a particular lottery game, a
57-12 player agrees to abide by and be bound by the division's rules,
57-13 including the rules applicable to the particular lottery game
57-14 involved. The player also acknowledges that the determination of
57-15 whether the player is a valid winner is subject to:
57-16 (1) the division's rules and claims procedures,
57-17 including those developed for the particular lottery game involved;
57-18 and
57-19 (2) any validation tests established by the division
57-20 for the particular lottery game involved.
57-21 (b) If the lottery uses tickets, an abbreviated form of the
57-22 rules or a reference to the rules may appear on the tickets.
57-23 Sec. 466.253. SALE OF TICKET TO PERSON YOUNGER THAN 18
57-24 YEARS. (a) A sales agent or an employee of a sales agent may not
57-25 intentionally or knowingly sell or offer to sell a ticket to an
57-26 individual that the person knows is younger than 18 years of age.
57-27 (b) A person 18 years of age or older may purchase a ticket
58-1 to give as a gift to another person, including an individual
58-2 younger than 18 years of age. If an individual younger than 18
58-3 years of age directly purchases a ticket, the individual is not
58-4 eligible to receive a prize, and the prize otherwise payable on the
58-5 ticket is treated as an unclaimed prize as provided by Section
58-6 466.408.
58-7 Sec. 466.254. SALE OF TICKET OR PAYMENT OF PRIZE TO CERTAIN
58-8 PERSONS. A person may not sell a ticket or pay a lottery prize to
58-9 another person that the person knows is:
58-10 (1) a member, officer, or employee of a person that
58-11 has a contract with the division to sell or lease goods or services
58-12 used in the lottery;
58-13 (2) a member, officer, or employee of a lottery
58-14 operator;
58-15 (3) an officer or employee of the comptroller; or
58-16 (4) a spouse, child, brother, sister, or parent
58-17 residing as a member of the same household in the principal place
58-18 of residence of a person described by Subdivision (1), (2), or (3).
58-19 Sec. 466.255. CERTAIN TICKET PURCHASES PROHIBITED. (a) A
58-20 person may not purchase a ticket:
58-21 (1) through the use of:
58-22 (A) a food stamp coupon issued under the food
58-23 stamp program administered under Chapter 33, Human Resources Code;
58-24 or
58-25 (B) a credit card or a debit card;
58-26 (2) over the telephone; or
58-27 (3) by mail-order sales.
59-1 (b) A person may not pay for a ticket with the proceeds of a
59-2 check issued as a payment under the Aid to Families with Dependent
59-3 Children program administered under Chapter 31, Human Resources
59-4 Code.
59-5 (Sections 466.256-466.300 reserved for expansion
59-6 SUBCHAPTER G. OFFENSES
59-7 Sec. 466.301. DEFINITIONS. In this subchapter:
59-8 (1) "Communicate directly with" has the meaning
59-9 assigned by Section 305.002.
59-10 (2) "Gift" includes a gratuity, trip, meal, or other
59-11 thing of value for which the recipient does not compensate the
59-12 person making the gift.
59-13 (3) "Legislation" has the meaning assigned by Section
59-14 305.002.
59-15 (4) "Member of the legislative branch" has the meaning
59-16 assigned by Section 305.002.
59-17 (5) "Participated" means to have taken action as an
59-18 officer or employee through decision, approval, disapproval,
59-19 recommendation, giving advice, or similar action.
59-20 (6) "Particular matter" includes an investigation, an
59-21 application, a request for a ruling or determination, a license
59-22 proceeding, rulemaking, a contract, a controversy, a claim, a
59-23 charge, an accusation, an arrest, or a judicial or other
59-24 proceeding.
59-25 (7) "Person that has a significant financial interest
59-26 in the lottery" means:
59-27 (A) a person that manufactures, distributes,
60-1 sells, or produces lottery equipment, supplies, services, or
60-2 advertising;
60-3 (B) a person that has made a bid to operate the
60-4 lottery in the preceding two years or that intends to make a bid to
60-5 operate the lottery; or
60-6 (C) a sales agent.
60-7 (8) "Political committee" has the meaning assigned by
60-8 Section 251.001, Election Code.
60-9 (9) "Political contribution" has the meaning assigned
60-10 by Section 251.001, Election Code.
60-11 Sec. 466.302. SALE OF TICKET AT PRICE GREATER THAN FIXED
60-12 PRICE. (a) A person commits an offense if the person
60-13 intentionally or knowingly sells a ticket at a price the person
60-14 knows is greater than that fixed by the division or by the lottery
60-15 operator authorized to set that price.
60-16 (b) An offense under this section is a Class A misdemeanor.
60-17 Sec. 466.303. SALE OF TICKET BY UNAUTHORIZED PERSON. (a)
60-18 Except as provided by Subsection (b), a person who is not a sales
60-19 agent or an employee of a sales agent commits an offense if the
60-20 person intentionally or knowingly sells a ticket.
60-21 (b) A lottery operator may sell tickets to a sales agent. A
60-22 person who is not a sales agent may distribute tickets as premiums
60-23 to customers, employees, or other persons who deal with the person
60-24 if no purchase or service is required to entitle the recipient to
60-25 the ticket.
60-26 (c) An offense under this section is a felony of the third
60-27 degree.
61-1 Sec. 466.304. SALE OF TICKET AT UNAUTHORIZED LOCATION. (a)
61-2 A person commits an offense if the person sells a ticket at a
61-3 location other than the location of a sales agency.
61-4 (b) An offense under this section is a Class A misdemeanor.
61-5 Sec. 466.305. SALE OF TICKET ON CREDIT. (a) A sales agent
61-6 or an employee of a sales agent commits an offense if the person
61-7 intentionally or knowingly sells a ticket to another person by
61-8 extending credit or lending money to the person to enable the
61-9 person to purchase the ticket.
61-10 (b) An offense under this section is a Class C misdemeanor.
61-11 Sec. 466.306. FORGERY; ALTERATION OF TICKET. (a) A person
61-12 commits an offense if the person intentionally or knowingly alters
61-13 or forges a ticket.
61-14 (b) An offense under this section is a felony of the third
61-15 degree unless it is shown on the trial of the offense that the
61-16 prize alleged to be authorized by the ticket forged or altered is
61-17 greater than $10,000, in which event the offense is a felony of the
61-18 second degree.
61-19 Sec. 466.307. INFLUENCING SELECTION OF WINNER. (a) A
61-20 person commits an offense if the person intentionally or knowingly
61-21 influences or attempts to influence the selection of the winner of
61-22 a lottery game.
61-23 (b) An offense under this section is a felony of the third
61-24 degree unless it is shown on the trial of the offense that a prize
61-25 in the game influenced or attempted to be influenced is greater
61-26 than $10,000, in which event the offense is a felony of the second
61-27 degree.
62-1 Sec. 466.308. CLAIMING LOTTERY PRIZE BY FRAUD. (a) A
62-2 person commits an offense if the person intentionally or knowingly:
62-3 (1) claims a lottery prize or a share of a lottery
62-4 prize by means of fraud, deceit, or misrepresentation; or
62-5 (2) aids or agrees to aid another person or persons to
62-6 claim a lottery prize or a share of a lottery prize by means of
62-7 fraud, deceit, or misrepresentation.
62-8 (b) An offense under this section is a Class A misdemeanor
62-9 unless it is shown on the trial of the offense that:
62-10 (1) the amount claimed or attempted to be claimed is
62-11 greater than $200 but not more than $10,000, in which event the
62-12 offense is a felony of the third degree;
62-13 (2) the amount claimed or attempted to be claimed is
62-14 greater than $10,000, in which event the offense is a felony of the
62-15 second degree; or
62-16 (3) the person has previously been convicted of an
62-17 offense under Section 466.306, 466.307, 466.309, 466.310, or this
62-18 section, in which event the offense is a felony of the third
62-19 degree, unless the offense is designated as a felony of the second
62-20 degree under Subdivision (2).
62-21 Sec. 466.309. TAMPERING WITH LOTTERY EQUIPMENT. (a) A
62-22 person commits an offense if the person intentionally or knowingly
62-23 tampers with, damages, defaces, or renders inoperable any vending
62-24 machine, electronic computer terminal, or other mechanical device
62-25 used in a lottery game.
62-26 (b) An offense under this section is a felony of the third
62-27 degree.
63-1 Sec. 466.310. CERTAIN TRANSFERS OF CLAIMS. (a) A person
63-2 commits an offense if the person:
63-3 (1) induces another person to assign or transfer a
63-4 right to claim a prize;
63-5 (2) offers for sale the right to claim a prize; or
63-6 (3) offers, for compensation, to claim the prize of
63-7 another person.
63-8 (b) An offense under this section is a felony of the third
63-9 degree, unless it is shown on the trial of the offense that the
63-10 prize involved is greater than $10,000, in which event the offense
63-11 is a felony of the second degree.
63-12 Sec. 466.311. REPORTING AND RECORD VIOLATIONS. (a) A
63-13 person commits an offense if the person, in a license application,
63-14 in a book or record required to be maintained by this chapter or a
63-15 rule adopted under this chapter, or in a report required to be
63-16 submitted by this chapter or a rule adopted under this chapter:
63-17 (1) intentionally or knowingly makes a statement or
63-18 entry that the person knows to be false or misleading; or
63-19 (2) fails to maintain or make an entry the person
63-20 knows is required to be maintained or made.
63-21 (b) A person commits an offense if the person knowingly
63-22 refuses to produce for inspection by the director, comptroller, or
63-23 state auditor a book, record, or document required to be maintained
63-24 or made by this chapter or a rule adopted under this chapter.
63-25 (c) An offense under this section is a Class A misdemeanor.
63-26 Sec. 466.312. FALSE, INCORRECT, OR DECEPTIVE STATEMENT.
63-27 (a) A person commits an offense if the person intentionally,
64-1 knowingly, recklessly, or with criminal negligence makes a material
64-2 and false, incorrect, or deceptive statement to a person conducting
64-3 an investigation or exercising discretion under this chapter or a
64-4 rule adopted under this chapter.
64-5 (b) In this section, "statement" includes:
64-6 (1) a written or oral statement; and
64-7 (2) a sworn or unsworn statement.
64-8 (c) An offense under this section is a Class A misdemeanor.
64-9 Sec. 466.313. Conspiracy. (a) A person commits an offense
64-10 of conspiracy if, with intent that an offense under this chapter be
64-11 committed:
64-12 (1) the person agrees with one or more other persons
64-13 that they or one or more of them engage in conduct that would
64-14 constitute the offense; and
64-15 (2) one or more of the persons agreeing under
64-16 Subdivision (1) performs an overt act in pursuance of the
64-17 agreement.
64-18 (b) An agreement constituting a conspiracy may be inferred
64-19 from acts of the parties.
64-20 (c) It is no defense to prosecution for conspiracy under
64-21 this section that:
64-22 (1) one or more of the coconspirators is not
64-23 criminally responsible for the object offense;
64-24 (2) one or more of the coconspirators has been
64-25 acquitted, so long as at least two coconspirators have not been
64-26 acquitted;
64-27 (3) one or more of the coconspirators has not been
65-1 prosecuted or convicted, has been convicted of a different offense,
65-2 or is immune from prosecution;
65-3 (4) the actor belongs to a class of persons that by
65-4 definition of the object offense is legally incapable of committing
65-5 the object offense in an individual capacity; or
65-6 (5) the object offense was not actually committed.
65-7 (d) An offense under this section is one category lower than
65-8 the most serious offense under this chapter that is the object of
65-9 the conspiracy, and if the most serious offense under this chapter
65-10 that is the object of the conspiracy is a felony of the third
65-11 degree, the offense is a Class A misdemeanor.
65-12 Sec. 466.314. GIFT OR POLITICAL CONTRIBUTION TO OFFICER OR
65-13 EMPLOYEE. (a) The comptroller, the state treasurer, the director,
65-14 or an employee of the division may not knowingly accept a gift or
65-15 political contribution from:
65-16 (1) a person that has a significant financial interest
65-17 in the lottery;
65-18 (2) a person related in the first degree of
65-19 consanguinity or affinity to a person that has a significant
65-20 financial interest in the lottery;
65-21 (3) a person that owns more than a 10 percent interest
65-22 in an entity that has a significant financial interest in the
65-23 lottery;
65-24 (4) a political committee that is directly
65-25 established, administered, or controlled, in whole or in part, by a
65-26 person that has a significant financial interest in the lottery; or
65-27 (5) a person who, within the two years preceding the
66-1 date of the gift or contribution, won a lottery prize exceeding
66-2 $600 in amount or value.
66-3 (b) A person may not knowingly make a gift or political
66-4 contribution to the comptroller, the state treasurer, the director,
66-5 or an employee of the division if the person:
66-6 (1) has a significant financial interest in the
66-7 lottery;
66-8 (2) is related in the first degree of consanguinity or
66-9 affinity to a person that has a significant financial interest in
66-10 the lottery;
66-11 (3) owns more than a 10 percent interest in an entity
66-12 that has a significant financial interest in the lottery;
66-13 (4) is a political committee that is directly
66-14 established, administered, or controlled, in whole or in part, by a
66-15 person that has a significant financial interest in the lottery;
66-16 or
66-17 (5) within the two years preceding the date of the
66-18 gift or contribution, won a lottery prize exceeding $600 in amount
66-19 or value.
66-20 (c) A person commits an offense if the person violates this
66-21 section. An offense under this section is a Class A misdemeanor.
66-22 Sec. 466.315. GIFT OR POLITICAL CONTRIBUTION TO FORMER
66-23 OFFICER OR EMPLOYEE. (a) A former comptroller, former state
66-24 treasurer, former director, or former employee of the division may
66-25 not, before the second anniversary of the date that the person's
66-26 service in office or employment with the division ceases, knowingly
66-27 accept a gift or political contribution from:
67-1 (1) a person that has a significant financial interest
67-2 in the lottery;
67-3 (2) a person related in the first degree of
67-4 consanguinity or affinity to a person that has a significant
67-5 financial interest in the lottery;
67-6 (3) a person that owns more than a 10 percent interest
67-7 in an entity that has a significant financial interest in the
67-8 lottery;
67-9 (4) a political committee that is directly
67-10 established, administered, or controlled, in whole or in part, by a
67-11 person that has a significant financial interest in the lottery; or
67-12 (5) a person who, within the two years preceding the
67-13 date of the gift or contribution, won a lottery prize exceeding
67-14 $600 in amount or value.
67-15 (b) A person may not knowingly make a gift or political
67-16 contribution to a former comptroller, former state treasurer,
67-17 former director, or former employee of the division before the
67-18 second anniversary of the date that the person's service in office
67-19 or employment with the division ceases, if the person:
67-20 (1) has a significant financial interest in the
67-21 lottery;
67-22 (2) is related in the first degree of consanguinity or
67-23 affinity to a person that has a significant financial interest in
67-24 the lottery;
67-25 (3) owns more than a 10 percent interest in an entity
67-26 that has a significant financial interest in the lottery;
67-27 (4) is a political committee that is directly
68-1 established, administered, or controlled, in whole or in part, by a
68-2 person that has a significant financial interest in the lottery;
68-3 or
68-4 (5) within the two years preceding the date of the
68-5 gift or contribution, won a lottery prize exceeding $600 in amount
68-6 or value.
68-7 (c) This section does not apply to a former comptroller or
68-8 former state treasurer who left office on or before August 10,
68-9 1991. This section does not apply to a person who makes a gift or
68-10 political contribution to a former comptroller or former state
68-11 treasurer if the former comptroller or former state treasurer left
68-12 office on or before August 10, 1991.
68-13 (d) A person commits an offense if the person violates this
68-14 section. An offense under this section is a Class A misdemeanor.
68-15 Sec. 466.316. REPRESENTATION BY FORMER OFFICER OR EMPLOYEE.
68-16 (a) A former comptroller, former state treasurer, or former
68-17 director may not:
68-18 (1) for compensation, represent a person that has made
68-19 or intends to make a bid to operate the lottery before the
68-20 comptroller before the second anniversary of the date that the
68-21 person's service in office or employment with the division ceases;
68-22 (2) represent any person or receive compensation for
68-23 services rendered on behalf of any person regarding a particular
68-24 matter in which the former officer or employee participated during
68-25 the period of service or employment with the division, either
68-26 through personal involvement or because the matter was within the
68-27 scope of the officer's or employee's official responsibility; or
69-1 (3) for compensation, communicate directly with a
69-2 member of the legislative branch to influence legislation on behalf
69-3 of a person that has a significant financial interest in the
69-4 lottery, before the second anniversary of the date that the
69-5 person's service in office or employment with the division ceases.
69-6 (b) This section does not apply to a former comptroller or
69-7 former state treasurer who left office on or before August 10,
69-8 1991.
69-9 (c) A person commits an offense if the person violates this
69-10 section. An offense under this section is a Class A misdemeanor.
69-11 (Sections 466.317-466.350 reserved for expansion
69-12 SUBCHAPTER H. REVENUE
69-13 Sec. 466.351. Delivery of Funds. (a) Except as provided by
69-14 Subsection (d), all revenue received from the sale of tickets and
69-15 all money credited to the state lottery account from any other
69-16 source shall be deposited in the state treasury through approved
69-17 state depositories on the settlement day or days established by the
69-18 director.
69-19 (b) The director may require sales agents to establish
69-20 separate electronic funds transfer accounts for the purposes of
69-21 depositing money from ticket sales, making payments to the
69-22 division, and receiving payments from the division. The
69-23 comptroller by rule shall establish the procedures for depositing
69-24 money from ticket sales into electronic funds transfer accounts, as
69-25 well as other procedures regarding the handling of money from
69-26 ticket sales.
69-27 (c) The director may not permit a sales agent to make
70-1 payments to the division or a lottery operator in cash.
70-2 (d) The director may provide for a sales agent to retain
70-3 from the money received from the sale of tickets the amount of
70-4 prizes paid by the agent or the agent's commission, if any, and may
70-5 establish how often the agent will make settlement payments to the
70-6 treasury.
70-7 (e) The director may provide for a sales agent to pay
70-8 amounts received for the sale of tickets directly to an officer or
70-9 employee of the division for immediate deposit in the state
70-10 treasury.
70-11 Sec. 466.352. REPORTING BY SALES AGENT; RECORDS. (a) The
70-12 director may require a sales agent to file with the division
70-13 reports of receipts and transactions relating to the sale of
70-14 tickets in the form and containing the information that the
70-15 director requires.
70-16 (b) Each sales agent shall maintain records adequate to
70-17 establish the disposition of each ticket provided to the sales
70-18 agent, the amounts of money received for the sale of those tickets,
70-19 and any prizes awarded by the sales agent.
70-20 Sec. 466.353. LIABILITY OF SALES AGENT. (a) A sales agent
70-21 is liable to the division for all tickets accepted or generated by
70-22 the sales agent or any employee or agent of the sales agent, and
70-23 tickets shall be deemed to have been purchased by the sales agent
70-24 unless returned to the division within the time and manner
70-25 prescribed by the division.
70-26 (b) Money received by a sales agent from the sales of
70-27 tickets, less the amount retained for prizes paid by the sales
71-1 agent or for the agent's commission, if any, together with any
71-2 unsold tickets, shall be held in trust for the benefit of the state
71-3 before delivery to a lottery operator or the division or electronic
71-4 transfer to the state treasury, and the sales agent is liable to
71-5 the division for the full amount of the money or unsold tickets so
71-6 held. If the sales agent is not an individual, each officer,
71-7 director, or owner of the sales agent is personally liable to the
71-8 division for the full amount of the money or unsold tickets held in
71-9 trust for the benefit of the state.
71-10 Sec. 466.354. DUTIES OF STATE TREASURER. (a) The state
71-11 treasurer, in consultation with the director, shall establish
71-12 procedures for the efficient implementation and operation of an
71-13 electronic funds transfer system to meet the needs of the director
71-14 under this chapter.
71-15 (b) The state treasurer periodically shall file reports with
71-16 the director providing information regarding the revenue credited
71-17 to the state lottery account, the investments of the money in the
71-18 account, and the distributions made from the account.
71-19 Sec. 466.355. STATE LOTTERY ACCOUNT. (a) The state lottery
71-20 account is a special account in the general revenue fund. The
71-21 account consists of all revenue received from the sale of tickets,
71-22 license and application fees under this chapter, and all money
71-23 credited to the account from any other fund or source under law.
71-24 Interest earned by the state lottery account shall be deposited in
71-25 the unobligated portion of the general revenue fund.
71-26 (b) Money in the state lottery account may be used only for
71-27 the following purposes and shall be distributed as follows:
72-1 (1) the payment of prizes to the holders of winning
72-2 tickets;
72-3 (2) the payment of costs incurred in the operation and
72-4 administration of the lottery, including any fees received by a
72-5 lottery operator, provided that the costs incurred in a fiscal
72-6 biennium may not exceed an amount equal to 15 percent of the gross
72-7 revenue accruing from the sale of tickets in that biennium;
72-8 (3) the transfer of amounts to the state lottery
72-9 stabilization fund as provided by Section 466.356; and
72-10 (4) the balance, after creation of a reserve
72-11 sufficient to pay the amounts provided by Subdivisions (1) and (2),
72-12 to be transferred to the unobligated portion of the general revenue
72-13 fund, on or before the 15th day of each month.
72-14 (c) Notwithstanding Subsection (b)(2), before September 1,
72-15 1993, the costs incurred in the operation and administration of the
72-16 lottery in the fiscal biennium beginning September 1, 1991, may be
72-17 more than 15 percent but not more than 20 percent of the gross
72-18 revenue from the sale of tickets in that biennium. This subsection
72-19 expires January 1, 1994.
72-20 Sec. 466.356. STATE LOTTERY STABILIZATION FUND. (a) The
72-21 state lottery stabilization fund is a special fund in the state
72-22 treasury. The fund consists of revenue credited to the fund from
72-23 the state lottery account as provided by Subsection (b). Interest
72-24 earned by the state lottery stabilization fund shall be deposited
72-25 in the unobligated portion of the general revenue fund.
72-26 (b) For each month in which the monthly estimate of net
72-27 lottery revenue exceeds $10 million and the net lottery revenue
73-1 equals or exceeds the monthly estimate of net lottery revenue, the
73-2 comptroller shall transfer $10 million plus the amount by which the
73-3 net lottery revenue exceeds the monthly estimate of net lottery
73-4 revenue from the state lottery account to the state lottery
73-5 stabilization fund.
73-6 (c) Money in the state lottery stabilization fund shall be
73-7 distributed only as follows:
73-8 (1) if in any month the net lottery revenue is less
73-9 than 90 percent of the monthly estimate of net lottery revenue, an
73-10 amount equal to the difference between the monthly estimate of net
73-11 lottery revenue and the net lottery revenue shall be transferred to
73-12 the unobligated portion of the general revenue fund; and
73-13 (2) on the first day of each fiscal biennium, one-half
73-14 of the balance in the state lottery stabilization fund shall be
73-15 transferred to the unobligated portion of the general revenue fund.
73-16 (d) In this section:
73-17 (1) "Annual estimate of net lottery revenue" means the
73-18 estimated amount of net lottery revenue for a fiscal year, as
73-19 determined by the comptroller for purposes of the biennial revenue
73-20 estimate required by Article III, Section 49a, of the Texas
73-21 Constitution.
73-22 (2) "Gross lottery revenue" means the sum of:
73-23 (A) the gross revenue from the sale of tickets;
73-24 and
73-25 (B) license and application fees collected under
73-26 this chapter.
73-27 (3) "Monthly estimate of net lottery revenue" means an
74-1 amount equal to one-twelfth the annual estimate of net lottery
74-2 revenue for the fiscal year that includes the month for which the
74-3 monthly estimate is made.
74-4 (4) "Net lottery revenue" means the gross lottery
74-5 revenue minus the amounts distributed or obligated for a purpose
74-6 described by Sections 466.355(b)(1) and (b)(2).
74-7 (e) Notwithstanding Subsection (b) and Section
74-8 466.355(b)(4), the initial transfer of revenue from the state
74-9 lottery account to the unobligated portion of the general revenue
74-10 fund and the state lottery stabilization fund under those
74-11 subsections shall be made on the 15th day of the month following
74-12 the month in which the earlier of the following occurs:
74-13 (1) the first ticket is sold to a player under this
74-14 chapter; or
74-15 (2) the director receives liquidated damages or a
74-16 payment under a performance bond under a contract with a lottery
74-17 operator.
74-18 (f) Notwithstanding Subsection (b), the first transfer from
74-19 the state lottery account to the state lottery stabilization fund
74-20 may not be made before September 1, 1993. Notwithstanding
74-21 Subsection (c)(1), the first transfer from the state lottery
74-22 stabilization fund to the unobligated portion of the general
74-23 revenue fund may not be made before December 1, 1993.
74-24 (g) Notwithstanding Subsection (d), the monthly estimate of
74-25 net lottery revenue for the month following the month in which the
74-26 first ticket is sold to a player and for each of the subsequent
74-27 months in that fiscal year is the amount of estimated net lottery
75-1 revenue for that fiscal year included in the comptroller's revenue
75-2 estimate under Article III, Section 49a, of the Texas Constitution
75-3 for the biennium ending August 31, 1993, divided by the number of
75-4 whole months remaining in the fiscal year after the month in which
75-5 the first ticket is sold to a player. If the comptroller's revenue
75-6 estimate for the fiscal biennium ending August 31, 1993, does not
75-7 include revenue from a state-operated lottery, all net lottery
75-8 revenue for that biennium shall be credited to the state lottery
75-9 stabilization fund.
75-10 (h) Subsections (e) through (g) and this subsection expire
75-11 January 1, 1994.
75-12 Sec. 466.357. APPLICABILITY OF CONSTITUTIONAL PROVISIONS.
75-13 For purposes of Article III, Section 49a, and Article VIII, Section
75-14 22, of the Texas Constitution:
75-15 (1) funds received from the operation of a lottery are
75-16 not revenue; and
75-17 (2) expenses of operating the lottery and paying
75-18 prizes are not expenses of state government.
75-19 Sec. 466.358. COMPENSATION OF SALES AGENT. (a) The
75-20 director and each lottery operator shall determine the compensation
75-21 to be paid to sales agents for the sale of tickets as provided by
75-22 this section. The compensation paid to a sales agent may not be an
75-23 amount less than five percent of the retail price of the tickets
75-24 sold plus, at the discretion of the director or lottery operator
75-25 supervising the lottery game involved, an incentive bonus based on
75-26 attainment of sales volume, the redemption of winning tickets, or
75-27 other objectives specified by the director or lottery operator for
76-1 each type of lottery.
76-2 (b) The division or a lottery operator may run sales agent
76-3 incentive games for sales agents using the incentive bonus amount
76-4 or other amounts allocated by the director as compensation for
76-5 sales agents.
76-6 Sec. 466.359. COMPENSATION OF SALES AGENT FOR PURPOSES OF
76-7 CONTRACTUAL RENTAL PAYMENT. If a sales agent's rental payments for
76-8 premises are contractually computed in whole or in part on the
76-9 basis of a percentage of the lessee's retail sales and if the
76-10 computation of the lessee's rental payment is not explicitly
76-11 defined to include sales of tickets in a state-operated lottery,
76-12 the compensation received by the sales agent from the lottery is
76-13 considered to be the net amount of the lessee's retail sales of
76-14 tickets for the purpose of computing the rental payment.
76-15 (Sections 466.360-466.400 reserved for expansion
76-16 SUBCHAPTER I. PRIZES
76-17 Sec. 466.401. TICKET VALIDATION; DRAWINGS. (a) The
76-18 department of security shall supervise ticket validation and
76-19 lottery drawings.
76-20 (b) If a lottery game involves a drawing, the drawing must
76-21 be open to the public. An independent certified public accountant
76-22 must witness the drawing.
76-23 (c) An employee of the division and the independent
76-24 certified public accountant witnessing the drawing shall inspect
76-25 any equipment used in the drawing. The equipment must be inspected
76-26 immediately before and after the drawing. The drawing and
76-27 inspections must be recorded on video and audio tape.
77-1 Sec. 466.402. PAYMENT OF PRIZES GENERALLY. (a) The
77-2 director may authorize prizes to be paid by warrants to be drawn on
77-3 the state lottery account.
77-4 (b) The payment of a prize in an amount of $600 or more may
77-5 be made only by the director.
77-6 (c) The director may authorize a sales agent to pay a prize
77-7 in an amount less than $600 after performing procedures to validate
77-8 the winning ticket as required by the director. A prize paid under
77-9 this subsection is not required to be paid by warrant on the state
77-10 lottery account.
77-11 (d) The state is discharged of all further liability on the
77-12 payment of a prize under Section 466.403, 466.404, 466.406, or
77-13 466.407 or this section or under any additional procedures
77-14 established by rule.
77-15 Sec. 466.403. PAYMENT OF PRIZE IN INSTALLMENTS. If the
77-16 director determines that prize money is to be paid in installments,
77-17 the state treasurer shall invest funds from the state lottery
77-18 account as necessary to ensure the payment of the installments.
77-19 The investments may be in securities, annuities, or other
77-20 instruments as determined by the treasurer.
77-21 Sec. 466.404. PAYMENT OF PRIZE TO MULTIPLE WINNERS. (a) A
77-22 specific prize as set forth by the prize structure of a specific
77-23 lottery game may not be paid more than once. If the director
77-24 determines that more than one claimant has been awarded a specific
77-25 unpaid prize in a specific lottery game, each claimant is entitled
77-26 only to an equal share of the prize.
77-27 (b) The director shall pay the cash equivalent of a prize
78-1 other than prize money if more than one person is entitled to share
78-2 the prize as provided by Subsection (a).
78-3 Sec. 466.405. PAYMENT OF PRIZE AWARDED TO MINOR. (a) If a
78-4 minor is entitled to prize money on a winning ticket in an amount
78-5 less than $600, the director may make payment by delivery to an
78-6 adult member of the minor's family, or to the minor's guardian, of
78-7 a warrant payable to the order of the minor.
78-8 (b) If a minor is entitled to prize money on a winning
78-9 ticket in an amount of $600 or more, the director may direct
78-10 payment to the minor by depositing the amount of the prize in any
78-11 bank to the credit of an adult member of the minor's family or of
78-12 the minor's guardian as custodian for the minor.
78-13 (c) The director shall pay the cash equivalent of a prize
78-14 other than prize money if the person entitled to claim the prize is
78-15 a minor. Payment of the cash equivalent of a prize other than
78-16 prize money to a minor shall be made as provided by Subsections (a)
78-17 and (b).
78-18 (d) A person designated to receive payment on behalf of a
78-19 minor has the powers and duties of a custodian under Chapter 141,
78-20 Property Code.
78-21 (e) In this section, "adult," "bank," "custodian,"
78-22 "guardian," "member of a minor's family," and "minor" have the
78-23 meanings assigned by Section 141.002, Property Code.
78-24 Sec. 466.406. RIGHT TO PRIZE NOT ASSIGNABLE. (a) Except as
78-25 otherwise provided by this section, the right of any person to a
78-26 prize is not assignable.
78-27 (b) Payment of a prize may be made to the estate of a
79-1 deceased prizewinner.
79-2 (c) A prize to which a winner is otherwise entitled may be
79-3 paid to any person under an appropriate judicial order.
79-4 Sec. 466.407. DEDUCTIONS FROM PRIZES. (a) The director
79-5 shall deduct the amount of a delinquent tax or other money from the
79-6 winnings of a person who has been finally determined to be:
79-7 (1) delinquent in the payment of a tax or other money
79-8 collected by the comptroller, the state treasurer, or the Texas
79-9 Alcoholic Beverage Commission;
79-10 (2) delinquent in making child support payments
79-11 administered or collected by the attorney general; or
79-12 (3) in default on a loan guaranteed under Chapter 57,
79-13 Education Code.
79-14 (b) If a person's winnings exceed a delinquency under
79-15 Subsection (a), the director shall pay the balance to the person.
79-16 The director shall transfer the amount deducted to the appropriate
79-17 agency.
79-18 (c) The attorney general, state treasurer, Texas Alcoholic
79-19 Beverage Commission, and Texas Guaranteed Student Loan Corporation
79-20 shall each provide the director with a report of persons who have
79-21 been finally determined to be delinquent in the payment of a tax or
79-22 other money collected by the agency. The comptroller shall adopt
79-23 rules regarding the form and frequency of reports under this
79-24 subsection.
79-25 Sec. 466.408. UNCLAIMED PRIZES. (a) The division shall
79-26 retain an unclaimed prize on a winning ticket for payment or
79-27 delivery to the person entitled to the prize for 180 days after the
80-1 date on which the winner was selected.
80-2 (b) If a claim is not made for prize money on or before the
80-3 180th day after the date on which the winner was selected, the
80-4 prize money shall be used to provide additional money to the state
80-5 lottery account for the purposes prescribed by Section
80-6 466.355(b)(1).
80-7 (c) If a claim is not made for a prize other than prize
80-8 money on or before the 180th day after the date on which the winner
80-9 was selected, the prize shall revert to the division for use in
80-10 subsequent games.
80-11 (d) A ticket holder forfeits any claim or entitlement to a
80-12 prize after the expiration of the 180th day after the date on which
80-13 the prizewinner was selected.
80-14 (c) Section 2, Chapter 6, Acts of the 72nd Legislature, 1st
80-15 Called Session, 1991 (Article 179g, Vernon's Texas Civil Statutes),
80-16 is repealed.
80-17 SECTION 4.04. Section 47.02(c), Penal Code, is amended to
80-18 correct a reference to read as follows:
80-19 (c) It is a defense to prosecution under this section that
80-20 the actor reasonably believed that the conduct:
80-21 (1) was permitted under the Bingo Enabling Act
80-22 (Article 179d, Vernon's Texas Civil Statutes);
80-23 (2) was permitted under the Charitable Raffle Enabling
80-24 Act (Article 179f, Revised Statutes); or
80-25 (3) consisted entirely of participation in the state
80-26 lottery authorized by Chapter 466, Government Code <the State
80-27 Lottery Act>.
81-1 SECTION 4.05. Section 47.06(g), Penal Code, is amended to
81-2 correct a reference to read as follows:
81-3 (g) It is a defense to prosecution for an offense under this
81-4 chapter that the conduct was authorized, directly or indirectly, by
81-5 Chapter 466, Government Code <the State Lottery Act>, the lottery
81-6 division in the office of the comptroller, the comptroller, or the
81-7 director of the lottery division.
81-8 SECTION 4.06. Section 47.14, Penal Code, is amended to
81-9 correct a reference to read as follows:
81-10 Sec. 47.14. STATE LOTTERY. It is a defense to prosecution
81-11 for an offense under this chapter that the conduct:
81-12 (1) consisted entirely of participation in the state
81-13 lottery authorized by Chapter 466, Government Code <the State
81-14 Lottery Act>; or
81-15 (2) was a necessary incident to the operation of the
81-16 state lottery and was authorized, directly or indirectly, by
81-17 Chapter 466, Government Code <the State Lottery Act>, the lottery
81-18 division in the office of the comptroller, the comptroller, or the
81-19 director of the lottery division.
81-20 SECTION 4.07. Article 2.12, Code of Criminal Procedure, is
81-21 amended to correct references to read as follows:
81-22 Art. 2.12. Who Are Peace Officers. The following are peace
81-23 officers:
81-24 (1) sheriffs and their deputies;
81-25 (2) constables and deputy constables;
81-26 (3) marshals or police officers of an incorporated
81-27 city, town, or village;
82-1 (4) rangers and officers commissioned by the Public
82-2 Safety Commission and the Director of the Department of Public
82-3 Safety;
82-4 (5) investigators of the district attorneys', criminal
82-5 district attorneys', and county attorneys' offices;
82-6 (6) law enforcement agents of the Texas Alcoholic
82-7 Beverage Commission;
82-8 (7) each member of an arson investigating unit
82-9 commissioned by a city, a county, or the state;
82-10 (8) officers commissioned under Subchapter E, Chapter
82-11 51, Education Code;
82-12 (9) officers commissioned by the <State Purchasing
82-13 and> General Services Commission;
82-14 (10) law enforcement officers commissioned by the
82-15 Parks and Wildlife Commission;
82-16 (11) airport police officers commissioned by a city
82-17 with a population of more than one million, according to the most
82-18 recent federal census, that operates an airport that serves
82-19 commercial air carriers;
82-20 (12) airport security personnel commissioned as peace
82-21 officers by the governing body of any political subdivision of this
82-22 state, other than a city described by Subdivision (11), that
82-23 operates an airport that serves commercial air carriers;
82-24 (13) municipal park and recreational patrolmen and
82-25 security officers;
82-26 (14) security officers commissioned as peace officers
82-27 by the State Treasurer;
83-1 (15) officers commissioned by a water control and
83-2 improvement district under Section 51.132, Water Code;
83-3 (16) officers commissioned by a board of trustees
83-4 under Chapter 341, Acts of the 57th Legislature, Regular Session,
83-5 1961 (Article 1187f, Vernon's Texas Civil Statutes);
83-6 (17) investigators commissioned by the Texas State
83-7 Board of Medical Examiners;
83-8 (18) officers commissioned by the board of managers of
83-9 the Dallas County Hospital District, the Tarrant County Hospital
83-10 District, or the Bexar County Hospital District under Section
83-11 281.057, Health and Safety Code;
83-12 (19) county park rangers commissioned under Subchapter
83-13 E, Chapter 351, Local Government Code;
83-14 (20) investigators employed by the Texas Racing
83-15 Commission;
83-16 (21) officers commissioned by the State Board of
83-17 Pharmacy;
83-18 (22) officers commissioned by the governing body of a
83-19 metropolitan rapid transit authority under Section 13, Chapter 141,
83-20 Acts of the 63rd Legislature, Regular Session, 1973 (Article 1118x,
83-21 Vernon's Texas Civil Statutes), or by a regional transportation
83-22 authority under Section 10, Chapter 683, Acts of the 66th
83-23 Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
83-24 Civil Statutes);
83-25 (23) officers commissioned by the Texas High-Speed
83-26 Rail Authority;
83-27 (24) investigators commissioned by the attorney
84-1 general under Section 402.009, Government Code; and
84-2 (25) security officers and investigators commissioned
84-3 as peace officers under Chapter 466, Government Code <the State
84-4 Lottery Act>.
84-5 SECTION 4.08. Section 111.0047(a), Tax Code, is amended to
84-6 correct references to read as follows:
84-7 (a) If a person fails to comply with any provision of this
84-8 title, with any provision of Chapter 466, Government Code <the
84-9 State Lottery Act>, or with a rule of the comptroller adopted under
84-10 this title or Chapter 466, Government Code <the State Lottery Act>,
84-11 the comptroller, after a hearing, may revoke or suspend any permit
84-12 or license issued to the person.
84-13 SECTION 4.09. Section 111.0048(a), Tax Code, is amended to
84-14 correct references to read as follows:
84-15 (a) A new permit or license may not be issued to a former
84-16 holder of a revoked permit or license unless the comptroller is
84-17 satisfied that the person will comply with the provisions of this
84-18 title and Chapter 466, Government Code <the State Lottery Act> and
84-19 the rules of the comptroller relating to this title and Chapter
84-20 466, Government Code <the State Lottery Act>.
84-21 SECTION 4.10. Section 499.025(b), Government Code, as
84-22 amended by Chapters 16 and 655, Acts of the 72nd Legislature,
84-23 Regular Session, 1991, and Chapter 10, Acts of the 72nd
84-24 Legislature, 2nd Called Session, 1991, is reenacted to read as
84-25 follows:
84-26 (b) If the inmate population of the institutional division
84-27 reaches 95 percent of capacity or, if the attorney general has
85-1 authorized an increase in the permissible percentage of capacity
85-2 under Section 499.109, the inmate population reaches that increased
85-3 permissible percentage, the director shall immediately notify the
85-4 executive director, the board, and the attorney general in writing
85-5 of that fact. The attorney general shall certify to the board in
85-6 writing as to whether the institutional division has reached 95
85-7 percent of capacity or, if applicable, the increased permissible
85-8 percentage. If the attorney general certifies that 95 percent of
85-9 capacity has been reached or, if applicable, that the increased
85-10 permissible percentage has been reached, the board shall
85-11 immediately certify that an emergency overcrowding situation exists
85-12 and direct the Board of Pardons and Paroles to proceed in the
85-13 manner described by Subsection (c). If the Commission on Jail
85-14 Standards determines that in any county jail in this state there
85-15 exists an inmate awaiting transfer to the institutional division
85-16 following conviction of a felony or revocation of probation,
85-17 parole, or release on mandatory supervision and for whom all
85-18 paperwork and processing required for transfer have been completed
85-19 for not less than 45 days, the board may direct the Board of
85-20 Pardons and Paroles to proceed in the manner described by
85-21 Subsection (c).
85-22 SECTION 4.11. (a) Section 771.002(3), Government Code, is
85-23 amended to conform to Section 29, Chapter 641, Acts of the 72nd
85-24 Legislature, Regular Session, 1991, to read as follows:
85-25 (3) "Resources" means materials and<,> equipment<, and
85-26 supplies>.
85-27 (b) Sections 771.003, 771.004, 771.006, 771.007, and
86-1 771.008, Government Code, are amended to conform to Sections 29 and
86-2 30, Chapter 641, Acts of the 72nd Legislature, Regular Session,
86-3 1991, to read as follows:
86-4 Sec. 771.003. AUTHORITY TO CONTRACT; EXCEPTIONS. (a) A
86-5 state agency may agree or contract with another state agency for
86-6 the provision <furnishing> of necessary and authorized services and
86-7 resources.
86-8 (b) A state agency may not construct a highway, road,
86-9 building, or other structure for another agency under this chapter,
86-10 except that the State Department of Highways and Public
86-11 Transportation may enter into an interagency agreement with a state
86-12 college, university, or public junior college <providing> for the
86-13 maintenance, improvement, relocation, or extension of existing
86-14 on-campus streets, parking lots, and access-ways.
86-15 (c) A state agency may not provide <supply> services or
86-16 resources to another agency that are required by Article XVI,
86-17 Section 21, of the Texas Constitution to be provided <supplied>
86-18 under a contract awarded <given> to the lowest responsible bidder.
86-19 Sec. 771.004. CONTRACT REQUIREMENTS; EXCEPTIONS. (a)
86-20 Before a state agency may provide <furnish> or receive a service or
86-21 resource under this chapter, the agency must have entered into a
86-22 written agreement or contract that has been approved by the
86-23 administrator of each agency that is a party to the agreement or
86-24 contract and by the commission.
86-25 (b) The agreement or contract must specify:
86-26 (1) the kind and amount of services or resources to be
86-27 provided <furnished>;
87-1 (2) the basis for computing reimbursable costs; and
87-2 (3) the maximum cost during the period of the
87-3 agreement or contract.
87-4 (c) A written agreement or contract and advance approval by
87-5 the commission are not required:
87-6 (1) in an emergency for the defense or safety of the
87-7 civil population or in the planning and preparation for those
87-8 emergencies;
87-9 (2) in cooperative efforts, proposed by the governor,
87-10 for the economic development of the state; or
87-11 (3) in a situation in which the amount involved is
87-12 less than $2,500.
87-13 Sec. 771.006. <EQUIPMENT> PURCHASES AND SUBCONTRACTS OF
87-14 SERVICES AND RESOURCES. A contract under this chapter may
87-15 authorize an <permit a furnishing> agency providing services and
87-16 resources to subcontract and purchase the services and resources
87-17 <equipment> to the extent considered appropriate by the commission.
87-18 Sec. 771.007. REIMBURSEMENT AND ADVANCEMENT OF COSTS. (a)
87-19 A state agency that receives services or resources under this
87-20 chapter shall reimburse each state agency providing <supplying> the
87-21 services or resources the actual cost of providing <furnishing> the
87-22 services or resources, or the nearest practicable estimate of that
87-23 cost. Reimbursement is not required if<, unless> the services or
87-24 resources are provided <furnished>:
87-25 (1) for national defense or disaster relief; or
87-26 (2) in cooperative efforts, proposed by the governor,
87-27 to promote the economic development of the state.
88-1 (b) A state agency that receives services or resources under
88-2 this chapter may advance federal funds to a state agency providing
88-3 <supplying> the services or resources if the agency receiving the
88-4 services or resources determines that the advance would facilitate
88-5 the implementation of a federally funded program.
88-6 (c) A state agency that receives services or resources under
88-7 this chapter may advance funds to the state agency providing the
88-8 services or resources if an advance is necessary to enable the
88-9 providing agency to provide the services or resources. If an
88-10 advance is made under this section, the agencies shall ensure after
88-11 the services or resources are provided that the providing agency
88-12 has received only sufficient funds to reimburse its total costs.
88-13 An advance of funds is a reimbursement for the purpose of Section
88-14 771.008.
88-15 Sec. 771.008. REIMBURSEMENT <PAYMENT> PROCEDURES. (a) An
88-16 agency shall reimburse an agency <pay> for the services or
88-17 resources provided <received under this chapter> with a voucher
88-18 payable to the providing <furnishing> agency or electronically as
88-19 prescribed by the uniform statewide accounting system. The voucher
88-20 or electronic transfer must be drawn on the appropriation item or
88-21 account of the receiving agency from which the agency would
88-22 ordinarily make expenditures for similar services or resources. A
88-23 receiving agency may authorize a providing agency to gain access to
88-24 the receiving agency's appropriation items or accounts for
88-25 reimbursements under this chapter.
88-26 (b) A reimbursement <payment> received by an agency for
88-27 services or resources provided <furnished> under this chapter shall
89-1 be credited to the appropriation items or accounts from which the
89-2 agency's expenditures for the <furnished> services or resources
89-3 were made.
89-4 (c) A payment for an intraagency transaction is accounted
89-5 for in the same manner as an interagency transaction or an
89-6 interdivisional transfer of money on the records of the agency,
89-7 subject to the applicable provisions of the General Appropriations
89-8 Act.
89-9 (d) The commission shall audit a reimbursement under this
89-10 chapter for compliance with the contract after the reimbursement
89-11 has been completed. If the commission determines that an
89-12 unauthorized reimbursement has occurred, the commission shall
89-13 notify the comptroller. On receipt of the notification, the
89-14 comptroller shall return the reimbursement to the receiving
89-15 agency's appropriation items or accounts. To the extent
89-16 practicable, the comptroller must return a reimbursement to the
89-17 item or account from which the reimbursement was made.
89-18 (c) Sections 29 and 30, Chapter 641, Acts of the 72nd
89-19 Legislature, Regular Session, 1991, are repealed.
89-20 SECTION 4.12. (a) Title 7, Government Code, is amended to
89-21 codify Chapter 427, Acts of the 72nd Legislature, Regular Session,
89-22 1991 (Article 5190.13, Vernon's Texas Civil Statutes), by adding
89-23 Chapter 764 to read as follows:
89-24 CHAPTER 764. TRI-STATE CORRIDOR COMMISSION
89-25 Sec. 764.001. TRI-STATE CORRIDOR COMMISSION MEMBERSHIP. (a)
89-26 The Tri-State Corridor Commission consists of 12 members.
89-27 (b) The political subdivisions in the area the commission
90-1 serves shall jointly appoint nine voting members to the commission.
90-2 The state highway departments of Texas, Arkansas, and Louisiana
90-3 shall each appoint one nonvoting member to the commission.
90-4 (c) Members of the commission serve without compensation.
90-5 Sec. 764.002. POWERS AND DUTIES. (a) The commission shall
90-6 make recommendations to the municipal, county, and state
90-7 governments on the promotion of the economic, industrial, tourist,
90-8 and highway development of the following area:
90-9 (1) Marion, Cass, and Bowie counties in Texas;
90-10 (2) Miller and Little River counties in Arkansas; and
90-11 (3) Caddo Parish in Louisiana.
90-12 (b) The commission may accept gifts or grants from any
90-13 source to pay operating expenses of the commission.
90-14 (c) The commission has all powers necessary and may adopt
90-15 rules to carry out the purposes of this chapter.
90-16 Sec. 764.003. APPLICABLE LAW. The commission is subject to
90-17 the law of Texas, Arkansas, Louisiana, and the United States
90-18 relating to open meetings and public records.
90-19 Sec. 764.004. APPROPRIATIONS. The legislature may not
90-20 appropriate money to the commission.
90-21 (b) Chapter 427, Acts of the 72nd Legislature, Regular
90-22 Session, 1991 (Article 5190.13, Vernon's Texas Civil Statutes), is
90-23 repealed.
90-24 SECTION 4.13. (a) Chapter 772, Government Code, is amended
90-25 to codify Chapter 429, Acts of the 61st Legislature, Regular
90-26 Session, 1969 (Article 1269l-2.1, Vernon's Texas Civil Statutes),
90-27 by adding Section 772.008 to read as follows:
91-1 Sec. 772.008. PLANNING ASSISTANCE FOR POLITICAL
91-2 SUBDIVISIONS. (a) The governor may, on request of the governing
91-3 body of a political subdivision or the authorized agency of a group
91-4 of political subdivisions:
91-5 (1) arrange planning assistance, including surveys,
91-6 community renewal plans, technical services, and other planning;
91-7 and
91-8 (2) arrange for a study or report on a planning
91-9 problem submitted to the governor.
91-10 (b) The governor and the governing body may agree on the
91-11 amount, if any, to be paid to the governor's office for planning
91-12 services.
91-13 (c) The governor may apply for and accept grants from, and
91-14 contract with, the federal government or other sources for any
91-15 planning assistance, study, or report under this section.
91-16 (d) The governor may use the regular functions of the office
91-17 of the governor or another state agency in providing planning
91-18 assistance under this section.
91-19 (e) The governor may exercise powers under this section
91-20 through a designated representative.
91-21 (b) Chapter 429, Acts of the 61st Legislature, Regular
91-22 Session, 1969 (Article 1269l-2.1, Vernon's Texas Civil Statutes),
91-23 is repealed.
91-24 ARTICLE 5. CHANGES RELATING TO HEALTH AND SAFETY CODE
91-25 SECTION 5.01. (a) Sections 106.001, 106.002, and 106.009,
91-26 Health and Safety Code, are designated as SUBCHAPTER A. GENERAL
91-27 PROVISIONS.
92-1 (b) Sections 106.003-106.008, Health and Safety Code, are
92-2 designated as SUBCHAPTER B. ADMINISTRATIVE PROVISIONS, and are
92-3 redesignated as Sections 106.021-106.026.
92-4 (c) Section 106.009, Health and Safety Code, is redesignated
92-5 as Section 106.003.
92-6 (d) Chapter 106, Health and Safety Code, is amended to
92-7 codify Article 4414b-1.1, Revised Statutes, and Section 4(d),
92-8 Article 4414b-1, Revised Statutes, by adding Subchapter C to read
92-9 as follows:
92-10 SUBCHAPTER C. OUTSTANDING RURAL SCHOLAR RECOGNITION
92-11 AND LOAN PROGRAM
92-12 Sec. 106.041. DEFINITIONS. In this subchapter:
92-13 (1) "Advisory committee" means the outstanding rural
92-14 scholar advisory committee.
92-15 (2) "Fund" means the outstanding rural scholar fund.
92-16 (3) "Postsecondary educational institution" means:
92-17 (A) an institution of higher education, as
92-18 defined by Section 61.003, Education Code;
92-19 (B) a nonprofit, independent institution
92-20 approved under Section 61.222, Education Code; or
92-21 (C) a nonprofit, health-related school or
92-22 program accredited by the Southern Association of Colleges and
92-23 Schools, the Liaison Committee on Medical Education, the American
92-24 Osteopathic Association, the Board of Nurse Examiners, the Board of
92-25 Vocational Nurse Examiners, or, in the case of allied health, an
92-26 accrediting body recognized by the United States Department of
92-27 Education.
93-1 (4) "Program" means the outstanding rural scholar
93-2 recognition and loan program.
93-3 (5) "Rural community" means a municipality in a
93-4 nonmetropolitan county as defined by the United States Census
93-5 Bureau in its most recent census.
93-6 Sec. 106.042. ADMINISTRATION. The center shall administer
93-7 or contract for the administration of the program.
93-8 Sec. 106.043. ADVISORY COMMITTEE. (a) The advisory
93-9 committee shall advise the executive committee on the progress of
93-10 the program.
93-11 (b) The advisory committee is composed of 12 members
93-12 appointed by the executive committee and must include:
93-13 (1) a rural practicing family practice physician;
93-14 (2) a rural hospital administrator;
93-15 (3) a rural practicing registered professional nurse;
93-16 (4) a rural practicing allied health professional;
93-17 (5) a dean of a medical school;
93-18 (6) a dean of a nursing school;
93-19 (7) a dean of a school of allied health science;
93-20 (8) a head of a vocational/technical institution;
93-21 (9) a community college administrator;
93-22 (10) an individual knowledgeable in student financial
93-23 assistance programs;
93-24 (11) a rural public school superintendent; and
93-25 (12) a rural resident.
93-26 (c) The executive committee shall consider geographical
93-27 representation in making appointments to the advisory committee.
94-1 (d) Advisory committee members serve for staggered six-year
94-2 terms, with the term of four members expiring August 31 of each
94-3 odd-numbered year. A member is eligible for reappointment to
94-4 consecutive terms.
94-5 (e) The executive committee shall fill a vacancy on the
94-6 advisory committee in the same manner as other appointments to the
94-7 advisory committee.
94-8 (f) A member of the advisory committee is entitled to
94-9 reimbursement for expenses incurred in performing duties under this
94-10 subchapter in amounts not to exceed the amounts specified in the
94-11 General Appropriations Act for travel and per diem allowances for
94-12 state employees.
94-13 (g) The advisory committee may:
94-14 (1) elect a chairman, vice-chairman, and secretary
94-15 from among its members; and
94-16 (2) adopt rules for the conduct of its activities.
94-17 Sec. 106.044. SELECTION OF OUTSTANDING RURAL SCHOLARS. (a)
94-18 The advisory committee shall select outstanding rural scholars
94-19 through a statewide competition.
94-20 (b) The advisory committee shall make selections after
94-21 considering:
94-22 (1) the academic credentials of the applicant;
94-23 (2) one or more interviews with the applicant;
94-24 (3) a statement written by the applicant of the
94-25 applicant's reasons for:
94-26 (A) entering the competition and a health care
94-27 profession; and
95-1 (B) wanting to provide health care services to
95-2 rural Texans; and
95-3 (4) the financial support committed to the applicant
95-4 by the applicant's sponsoring community.
95-5 (c) The advisory committee may not use the applicant's
95-6 performance on a standardized test as the sole criterion to
95-7 determine the applicant's selection as an outstanding rural
95-8 scholar.
95-9 (d) The advisory committee shall recommend to the executive
95-10 committee guidelines to be used by rural communities in the
95-11 selection of students for nomination and sponsorship as outstanding
95-12 rural scholars.
95-13 (e) An outstanding rural scholar receives public recognition
95-14 and a certificate of award and is eligible for a forgivable loan
95-15 under this subchapter.
95-16 Sec. 106.045. ELIGIBILITY FOR OUTSTANDING RURAL SCHOLAR
95-17 COMPETITION. (a) To be eligible to participate in the competition
95-18 under Section 106.044, a high school student or an undergraduate
95-19 student at a postsecondary educational institution must:
95-20 (1) be nominated and sponsored by a rural community,
95-21 which sponsorship must include financial support;
95-22 (2) be a Texas resident under Subchapter B, Chapter
95-23 54, Education Code;
95-24 (3) if the person is a high school student, be in the
95-25 upper 25 percent of the student's high school class if the class
95-26 contains 48 or more students, and intend to enter a postsecondary
95-27 educational institution; and
96-1 (4) if the person is an undergraduate student, be in
96-2 the upper 25 percent of the student's class or have a cumulative
96-3 grade average that is equal to or greater than the equivalent of a
96-4 3.0 on a 4.0 scale, and be enrolled in a postsecondary educational
96-5 institution.
96-6 (b) If a person is neither a high school student nor an
96-7 undergraduate student, the person must be eligible for
96-8 participation in the competition under rules adopted by the
96-9 advisory committee.
96-10 Sec. 106.046. ELIGIBILITY FOR LOANS; RURAL COMMUNITY
96-11 FINANCIAL SUPPORT. (a) For an outstanding rural scholar to be
96-12 eligible for a forgivable loan, community sponsorship must include
96-13 financial support.
96-14 (b) Community financial support consists of a commitment to
96-15 fund 50 percent of the costs of a scholar's tuition, fees,
96-16 educational materials, and living expenses.
96-17 (c) The financial support under this section may be
96-18 satisfied in whole or in part by a grant, a scholarship, or private
96-19 foundation support.
96-20 (d) Evidence of the financial support must be submitted with
96-21 a community's nomination.
96-22 Sec. 106.047. AWARDING OF LOANS. (a) The advisory
96-23 committee shall recommend to the executive committee guidelines for
96-24 the awarding of forgivable loans to outstanding rural scholars.
96-25 (b) The executive committee, acting on the advice of the
96-26 advisory committee, shall award forgivable loans to outstanding
96-27 rural scholars based on the availability of money in the fund.
97-1 (c) If in any year the fund is inadequate to provide loans
97-2 to all eligible applicants, the executive committee shall award
97-3 forgivable loans on a priority basis according to the applicants'
97-4 academic performance, test scores, and other criteria of
97-5 eligibility.
97-6 Sec. 106.048. AMOUNT OF LOAN. (a) On confirmation of an
97-7 outstanding rural scholar's admission to a postsecondary
97-8 educational institution or on receipt of an enrollment report of
97-9 the scholar at a postsecondary educational institution, and a
97-10 certification of the amount of financial support needed, the
97-11 advisory committee annually shall recommend to the executive
97-12 committee that the committee award a forgivable loan to the scholar
97-13 in the amount of 50 percent of the cost of the scholar's tuition,
97-14 fees, educational materials, and living expenses.
97-15 (b) An outstanding rural scholar may receive another grant,
97-16 loan, or scholarship for which the scholar is eligible in addition
97-17 to the receipt of a forgivable loan, except that the total amount
97-18 of funds received may not exceed the reasonable needs of the
97-19 scholar.
97-20 Sec. 106.049. LOAN FORGIVENESS. (a) The principal balance
97-21 and interest for one year of a forgivable loan awarded to an
97-22 outstanding rural scholar must be forgiven for each year the
97-23 scholar practices as a health care professional in the sponsoring
97-24 community.
97-25 (b) The sponsoring community shall report through the
97-26 executive committee to the advisory committee the length of time
97-27 the scholar practices as a health care professional in the
98-1 community.
98-2 (c) If, on the recommendation of the advisory committee, the
98-3 executive committee finds that a sponsoring community is not in
98-4 need of the scholar's services, the executive committee by rule may
98-5 provide for the principal balance and interest of one year of the
98-6 scholar's loan to be forgiven for each year the scholar practices
98-7 in another rural community in this state.
98-8 (d) Any amount of loan principal or interest that is not
98-9 forgiven under this section shall be repaid to the center with
98-10 reasonable collection fees in a timely manner as provided by
98-11 executive committee rule.
98-12 Sec. 106.050. FUND. (a) The outstanding rural scholar fund
98-13 is in the state treasury.
98-14 (b) The fund consists of legislative appropriations, gifts,
98-15 grants, donations, the market value of in-kind contributions, and
98-16 principal and interest payments on forgivable loans deposited to
98-17 the credit of the fund by the center.
98-18 (c) The center shall administer the fund.
98-19 (d) The center, with the recommendation of the advisory
98-20 committee, shall allocate the fund, as available, for forgivable
98-21 loans under this subchapter.
98-22 (e) The center shall deposit any principal and interest
98-23 payments on forgivable loans to the credit of the fund.
98-24 Sec. 106.051. POSTSECONDARY EDUCATIONAL INSTITUTIONS. (a)
98-25 Each postsecondary educational institution shall be provided with a
98-26 list of the outstanding rural scholars and shall be encouraged to
98-27 recruit those scholars.
99-1 (b) A postsecondary educational institution annually shall
99-2 report the progress and performance of each outstanding rural
99-3 scholar to the advisory committee in accordance with the guidelines
99-4 established by the executive committee. A report shall be shared
99-5 with the community sponsoring the scholar.
99-6 Sec. 106.052. ADOPTION AND DISTRIBUTION OF RULES. (a) The
99-7 executive committee shall adopt reasonable rules to enforce the
99-8 requirements, conditions, and limitations under this subchapter.
99-9 (b) The executive committee shall set the rate of interest
99-10 charged on a forgivable loan under this subchapter.
99-11 (c) The executive committee shall adopt rules necessary to
99-12 ensure compliance with the Civil Rights Act of 1964 (42 U.S.C.
99-13 Section 2000d et seq.) concerning nondiscrimination in admissions.
99-14 (d) The executive committee shall distribute to each
99-15 postsecondary educational institution copies of all rules adopted
99-16 under this subchapter.
99-17 (e) The following provisions are repealed:
99-18 (1) Article 4414b-1.1, Revised Statutes; and
99-19 (2) Section 4(d), Article 4414b-1, Revised Statutes.
99-20 SECTION 5.02. (a) Chapter 161, Health and Safety Code, is
99-21 amended to codify Chapter 580, Acts of the 72nd Legislature,
99-22 Regular Session, 1991 (Article 6674v-3a, Revised Statutes), by
99-23 adding Subchapter K to read as follows:
99-24 SUBCHAPTER K. PROHIBITION OF CERTAIN CIGARETTE
99-25 OR TOBACCO PRODUCT ADVERTISING
99-26 Sec. 161.121. DEFINITIONS. In this subchapter:
99-27 (1) "Church" means a facility that is owned by a
100-1 religious organization and that is used primarily for religious
100-2 services.
100-3 (2) "School" means a private or public elementary or
100-4 secondary school.
100-5 (3) "Sign" means an outdoor medium, including a
100-6 structure, display, light device, figure, painting, drawing,
100-7 message, plaque, poster, or billboard, that is:
100-8 (A) used to advertise or inform; and
100-9 (B) visible from the main-traveled way of a
100-10 street or highway.
100-11 (4) "Tobacco product" has the meaning assigned by
100-12 Section 155.001, Tax Code.
100-13 Sec. 161.122. PROHIBITION; EXCEPTIONS. (a) A sign
100-14 containing an advertisement for cigarettes or tobacco products may
100-15 not be located closer than 500 feet to a church or school.
100-16 (b) The measurement of the distance between the sign
100-17 containing an advertisement for cigarettes or tobacco products and
100-18 an institution listed in Subsection (a) is from the nearest
100-19 property line of the institution to a point on a street or highway
100-20 closest to the sign, along street lines and in direct lines across
100-21 intersections.
100-22 (c) This section does not apply to:
100-23 (1) a sign located on or in a facility owned or leased
100-24 by a professional sports franchise or in a facility where
100-25 professional sports events are held at least 10 times during a
100-26 12-month period; or
100-27 (2) a contract for a cigarette or other tobacco
101-1 product advertisement entered into before August 26, 1991.
101-2 (d) In Subsection (c)(1), a "facility" includes a stadium,
101-3 arena, or events center and any land or property owned or leased by
101-4 the professional sports franchise that is connected to or
101-5 immediately contiguous to the stadium, arena, or events center.
101-6 (b) Article 6674v-3a, Revised Statutes, is repealed.
101-7 SECTION 5.03. Section 462.002(c), Health and Safety Code, is
101-8 amended to correct terminology to read as follows:
101-9 (c) A person may initially file a paper with the county
101-10 clerk by the use of reproduced, photocopied, or electronically
101-11 transmitted paper if the person files the original signed copies of
101-12 the paper with the clerk not later than the 72nd hour after the
101-13 hour on which the initial filing is made. If the 72-hour period
101-14 ends on a Saturday, Sunday, or legal holiday, the filing period is
101-15 extended until 4 p.m. on the first succeeding business day. If
101-16 extremely hazardous weather conditions exist or a disaster occurs,
101-17 the presiding judge or magistrate may by written order made each
101-18 day extend the filing period until 4 p.m. on the first succeeding
101-19 business day. The written order must declare that an emergency
101-20 exists because of the weather or the occurrence of a disaster. If
101-21 a person detained under this chapter <code> would otherwise be
101-22 released because the original signed copy of a paper is not filed
101-23 within the 72-hour period but for the extension of the filing
101-24 period under this section, the person may be detained until the
101-25 expiration of the extended filing period. This subsection does not
101-26 affect another provision of this chapter <code> requiring the
101-27 release or discharge of a person.
102-1 SECTION 5.04. Section 672.002(7), Health and Safety Code, is
102-2 amended to conform more closely to the law from which it was
102-3 derived to read as follows:
102-4 (7) "Physician" means a physician licensed by the
102-5 Texas State Board of Medical Examiners or a properly credentialed
102-6 physician who holds a commission in the uniformed services of the
102-7 United States <armed forces> and who is serving on active duty in
102-8 this state.
102-9 SECTION 5.05. If the number, letter, or designation assigned
102-10 by this article conflicts with a number, letter, or designation
102-11 assigned by another Act of the 73rd Legislature, the other Act
102-12 controls, and the number, letter, or designation assigned by this
102-13 article has no effect.
102-14 ARTICLE 6. CHANGES RELATING TO TITLE 7, HEALTH AND SAFETY CODE
102-15 SECTION 6.01. Section 531.002, Health and Safety Code, is
102-16 amended to conform to Section 1, Chapter 569, Acts of the 72nd
102-17 Legislature, Regular Session, 1991, by amending Subdivision (7) and
102-18 adding Subdivisions (16) and (17) to read as follows:
102-19 (7) "Local agency" means:
102-20 (A) a municipality, county, hospital district,
102-21 rehabilitation district, school district, state-supported
102-22 institution of higher education, or state-supported medical school;
102-23 or
102-24 (B) any organizational combination of two or
102-25 more of those <the following> entities<:>
102-26 <(i) a municipality;>
102-27 <(ii) a county;>
103-1 <(iii) a hospital district; or>
103-2 <(iv) a school district>.
103-3 (16) "Business entity" means a sole proprietorship,
103-4 partnership, firm, corporation, holding company, joint-stock
103-5 company, receivership, trust, or any other entity recognized by
103-6 law.
103-7 (17) "Chemical dependency" has the meaning assigned by
103-8 Section 461.002.
103-9 SECTION 6.02. Section 533.007, Health and Safety Code, is
103-10 amended to conform to Section 1, Chapter 379, Acts of the 72nd
103-11 Legislature, Regular Session, 1991, to read as follows:
103-12 Sec. 533.007. ACCESS TO CRIMINAL HISTORY RECORD <CONVICTION>
103-13 INFORMATION; CRIMINAL PENALTY FOR UNLAWFUL DISCLOSURE. (a) The
103-14 department and each community center may receive from a law
103-15 enforcement agency criminal history record information that
103-16 indicates a conviction, probation, arrest warrant, or wanted person
103-17 notice if the person to whom the criminal history record
103-18 information relates:
103-19 (1) is:
103-20 (A) an applicant or employee of the department
103-21 or a community center;
103-22 (B) an applicant or employee of a business or
103-23 <information about the conviction of:>
103-24 <(1) a person who is offered employment that would
103-25 place the person in direct contact with patients with mental
103-26 illness or clients with mental retardation; or>
103-27 <(2) an employee of a> person who contracts with the
104-1 department or a community center to provide residential services to
104-2 patients with mental illness or clients with mental retardation who
104-3 were furloughed or discharged from a department facility or
104-4 community center; or
104-5 (C) a volunteer or an applicant to be a
104-6 volunteer with the department or a community center; and
104-7 (2) would be placed in direct contact with patients
104-8 with mental illness or clients with mental retardation <if the
104-9 employee's duties would place the employee in direct contact with
104-10 the patients or clients>.
104-11 (b) The department shall establish for department facilities
104-12 and community centers a uniform method of obtaining the criminal
104-13 history record <conviction> information. The uniform method must
104-14 require that:
104-15 (1) either a complete set of fingerprints or the
104-16 complete name of the person being investigated be submitted to the
104-17 Department of Public Safety or to another law enforcement agency;
104-18 and
104-19 (2) if fingerprints are submitted, the fingerprints be
104-20 submitted to the Federal Bureau of Investigation for further
104-21 information if a relevant disqualifying record or other substantive
104-22 information is not obtained from a state or local law enforcement
104-23 agency.
104-24 (c) A law enforcement agency may provide to the department
104-25 or a community center criminal history record information <about
104-26 the conviction> of an applicant, employee, or volunteer <a person>
104-27 being investigated only if the information is relevant to the
105-1 person's work duties <current or proposed employment and was
105-2 collected> in accordance with this section. Information <The
105-3 department or community center is not entitled to conviction
105-4 information that is not relevant. Conviction information> is
105-5 relevant <only> if it relates to <a conviction for>:
105-6 (1) a sexual offense;
105-7 (2) a drug-related offense;
105-8 (3) theft; or
105-9 (4) homicide <murder>, assault, battery, or any other
105-10 offense involving personal injury or threat to another person.
105-11 (d) The department or a community center may deny employment
105-12 or volunteer status to an applicant if:
105-13 (1) the department or community center determines that
105-14 the applicant's criminal history record information <a previous
105-15 criminal conviction> indicates that the person <applicant> is not
105-16 qualified or suitable; or
105-17 (2) the applicant fails to provide a complete set of
105-18 fingerprints if the department establishes that method of obtaining
105-19 criminal history record <conviction> information.
105-20 (e) All criminal history record <conviction> information
105-21 received by the department or a community center is privileged
105-22 information and is for the exclusive use of the department and the
105-23 community centers. The information may not be released or
105-24 otherwise disclosed to any other person or agency, except the
105-25 information may be released or disclosed:
105-26 (1) to the contractor employing the person;
105-27 (2) on court order; or
106-1 (3) with the consent of the person being investigated.
106-2 (f) The department or community center shall collect and
106-3 destroy criminal history record <conviction> information relating
106-4 to a person immediately after the department, the community center,
106-5 or a contractor makes a <an employment> decision or takes any
106-6 personnel action relating to the person.
106-7 (g) A person commits an offense if the person releases or
106-8 discloses in violation of this section criminal history record
106-9 <conviction> information received by the department or a community
106-10 center. An offense under this subsection is a felony of the second
106-11 degree.
106-12 (h) The Department of Public Safety is required to provide
106-13 conviction information to the department or a community center only
106-14 if a written agreement provides for the reimbursement of the
106-15 Department of Public Safety for the costs it incurs in providing
106-16 the information.
106-17 (i) The board shall adopt rules relating to the use of
106-18 information obtained under this section, including rules that
106-19 prohibit an adverse personnel action based on arrest warrant or
106-20 wanted persons information received by the department.
106-21 SECTION 6.03. Section 533.035, Health and Safety Code, is
106-22 amended to conform to Section 2, Chapter 569, Acts of the 72nd
106-23 Legislature, Regular Session, 1991, by amending Subsections (b) and
106-24 (c) and adding Subsection (d) to read as follows:
106-25 (b) The department by contract or other method of allocation
106-26 may disburse to a local mental health and mental retardation
106-27 authority department <all> federal mental health <block grant>
107-1 funds and department state funds to be spent in the local service
107-2 area for:
107-3 (1) community mental health and<,> mental
107-4 retardation<, and substance abuse> services; and
107-5 (2) chemical dependency services for persons who are
107-6 dually diagnosed as having both chemical dependency and mental
107-7 illness or mental retardation <to be spent in the local service
107-8 area>.
107-9 (c) A local mental health and mental retardation authority,
107-10 with the department's approval, shall use <by subcontract or other
107-11 method of allocation disburse> the funds received under Subsection
107-12 (b) to provide mental health, mental retardation, and chemical
107-13 dependency <substance abuse> services in the local service area or
107-14 to subcontract for those services.
107-15 (d) A local mental health and mental retardation authority
107-16 shall demonstrate to the department that the services that the
107-17 authority provides directly or through subcontractors and that
107-18 involve state funds comply with relevant state standards.
107-19 SECTION 6.04. Subchapter B, Chapter 533, Health and Safety
107-20 Code, is amended to conform to Section 6, Chapter 627, Acts of the
107-21 72nd Legislature, Regular Session, 1991, by adding Section 533.0415
107-22 to read as follows:
107-23 Sec. 533.0415. MEMORANDUM OF UNDERSTANDING ON INTERAGENCY
107-24 TRAINING. (a) The department, the Texas Department of Human
107-25 Services, the Texas Youth Commission, the Texas Juvenile Probation
107-26 Commission, and the Central Education Agency by rule shall adopt a
107-27 joint memorandum of understanding to develop interagency training
108-1 for the staffs of the agencies involved in the functions of
108-2 assessment, case planning, case management, and in-home or direct
108-3 delivery of services to children, youth, and their families. The
108-4 memorandum must:
108-5 (1) outline the responsibility of each agency in
108-6 coordinating and developing a plan for interagency training on
108-7 individualized assessment and effective intervention and treatment
108-8 services for children and dysfunctional families; and
108-9 (2) provide for the establishment of an interagency
108-10 task force to:
108-11 (A) develop a training program to include
108-12 identified competencies, content, and hours for completion of the
108-13 training with at least 20 hours of training required each year
108-14 until the program is completed;
108-15 (B) design a plan for implementing the program,
108-16 including regional site selection, frequency of training, and
108-17 selection of experienced clinical public and private professionals
108-18 or consultants to lead the training;
108-19 (C) monitor, evaluate, and revise the training
108-20 program, including the development of additional curricula based on
108-21 future training needs identified by staff and professionals; and
108-22 (D) submit a report to the governor, lieutenant
108-23 governor, and speaker of the house of representatives by October 15
108-24 of each even-numbered year.
108-25 (b) The task force consists of:
108-26 (1) one clinical professional and one training staff
108-27 member from each agency, appointed by that agency; and
109-1 (2) 10 private sector clinical professionals with
109-2 expertise in dealing with troubled children, youth, and
109-3 dysfunctional families, two of whom are appointed by each agency.
109-4 (c) The task force shall meet at the call of the department.
109-5 (d) The department shall act as the lead agency in
109-6 coordinating the development and implementation of the memorandum.
109-7 (e) The agencies shall review and by rule revise the
109-8 memorandum not later than August each year.
109-9 SECTION 6.05. Section 533.061(f), Health and Safety Code, is
109-10 amended to conform to Section 2, Chapter 248, Acts of the 72nd
109-11 Legislature, Regular Session, 1991, to read as follows:
109-12 (f) Not later than August 30 of each odd-numbered year, the
109-13 council shall review the plan submitted by the department under
109-14 Section 533.062, make changes the council considers necessary, and
109-15 approve the final plan.
109-16 SECTION 6.06. Sections 533.062(a) and (c), Health and Safety
109-17 Code, are amended to conform to Section 1, Chapter 248, Acts of the
109-18 72nd Legislature, Regular Session, 1991, to read as follows:
109-19 (a) The department shall biennially <annually> plan for the
109-20 creation of new beds in the ICF-MR program.
109-21 (c) Each plan shall cover the subsequent fiscal biennium
109-22 <year>. Not later than July 1 of each odd-numbered year, the
109-23 department shall submit the plan to the Interagency Council on
109-24 ICF-MR Facilities for approval.
109-25 SECTION 6.07. Section 534.001, Health and Safety Code, is
109-26 amended to correct a reference and to conform more closely to the
109-27 source law from which it was derived and to Section 3, Chapter 569,
110-1 Acts of the 72nd Legislature, Regular Session, 1991, by amending
110-2 Subsections (c) and (d) and adding Subsection (e) to read as
110-3 follows:
110-4 (c) A community center is:
110-5 (1) an agency of the state, a <state agency,>
110-6 governmental unit, and a unit of local government, as defined and
110-7 specified by Chapters 101 and 102, Civil Practice and Remedies
110-8 Code; and
110-9 (2) a local government, as defined by Section 791.003,
110-10 Government Code <Section 3, The Interlocal Cooperation Act (Article
110-11 4413(32c), Vernon's Texas Civil Statutes)>.
110-12 (d) A community center may be established only if:
110-13 (1) the proposed center submits to the department a
110-14 copy of the contract between the participating local agencies, if
110-15 applicable;
110-16 (2) the department approves the proposed center's plan
110-17 to develop and make available to the region's residents an
110-18 effective mental health or mental retardation program, or both,
110-19 through a community center that is appropriately structured to
110-20 include the financial, physical, and personnel resources necessary
110-21 to meet the region's needs; and
110-22 (3) the department <deliver mental health or mental
110-23 retardation services and> determines that the center can
110-24 appropriately, effectively, and efficiently provide those services
110-25 in the region.
110-26 (e) A community center established under Subsection (d)
110-27 <this section> may operate only for the purposes defined in the
111-1 center's plan. The board by rule shall specify the elements that
111-2 must be included in a plan and shall prescribe the procedure for
111-3 submitting and approving a center's plan.
111-4 SECTION 6.08. Subchapter A, Chapter 534, Health and Safety
111-5 Code, is amended to conform more closely to the source law from
111-6 which it was derived and to Section 4, Chapter 569, Acts of the
111-7 72nd Legislature, Regular Session, 1991, by adding Section 534.0015
111-8 to read as follows:
111-9 Sec. 534.0015. PURPOSE AND POLICY. (a) A community center
111-10 created under this subchapter is intended to be a vital component
111-11 in a continuum of services for persons in this state who are
111-12 mentally ill or mentally retarded.
111-13 (b) It is the policy of this state that community centers
111-14 strive to develop services for persons who are mentally ill or
111-15 mentally retarded, and may provide requested services to persons
111-16 with a chemical dependency, that are effective alternatives to
111-17 treatment in a large residential facility.
111-18 SECTION 6.09. Section 534.002, Health and Safety Code, is
111-19 amended to conform to Section 4, Chapter 569, Acts of the 72nd
111-20 Legislature, Regular Session, 1991, to read as follows:
111-21 Sec. 534.002. Board of Trustees for Center Established by
111-22 One Local Agency. The board of trustees of a community center
111-23 established by one local agency is composed of:
111-24 (1) the members of the local agency's governing body;
111-25 or
111-26 (2) not fewer than five or more than nine qualified
111-27 voters who reside in the region to be served by the center and who
112-1 are appointed by the local agency's governing body.
112-2 SECTION 6.10. Section 534.003(c), Health and Safety Code, is
112-3 amended to conform to Section 3, Chapter 569, Acts of the 72nd
112-4 Legislature, Regular Session, 1991, to read as follows:
112-5 (c) When the center is established, the governing bodies
112-6 shall enter into a contract that stipulates the number of board
112-7 members and the group from which the members are chosen. They may
112-8 renegotiate or amend the contract as necessary to change the:
112-9 (1) method of choosing the members; or
112-10 (2) membership of the board of trustees to more
112-11 accurately reflect the ethnic and geographic diversity of the local
112-12 service area.
112-13 SECTION 6.11. Section 534.004, Health and Safety Code, is
112-14 amended to conform to Section 4, Chapter 569, Acts of the 72nd
112-15 Legislature, Regular Session, 1991, to read as follows:
112-16 Sec. 534.004. PROCEDURES RELATING TO BOARD OF TRUSTEES
112-17 MEMBERSHIP. (a) The local agency or organizational combination of
112-18 local agencies that establishes a community center shall prescribe:
112-19 (1) the application procedure for a position on the
112-20 board of trustees;
112-21 (2) the procedure and criteria for making appointments
112-22 to the board of trustees;
112-23 (3) the procedure for posting notice of and filling a
112-24 vacancy on the board of trustees; <and>
112-25 (4) the grounds and procedure for removing a member of
112-26 the board of trustees; and
112-27 (5) a procedure to ensure that an appointed member of
113-1 a board of trustees appointed by a local agency or organizational
113-2 combination of local agencies primarily located in only one county
113-3 serves not more than four consecutive and complete two-year terms.
113-4 (b) The local agency or organizational combination of local
113-5 agencies that appoints the board of trustees shall, in appointing
113-6 the members, attempt to reflect the ethnic and geographic diversity
113-7 of the local service area the community center serves. The local
113-8 agency or organizational combination shall include on the board of
113-9 trustees one or more persons otherwise qualified under this chapter
113-10 who are consumers of the types of services the center provides or
113-11 who are family members of consumers of the types of services the
113-12 center provides.
113-13 SECTION 6.12. Section 534.005, Health and Safety Code, is
113-14 amended to conform to Section 4, Chapter 569, Acts of the 72nd
113-15 Legislature, Regular Session, 1991, by adding Subsection (c) to
113-16 read as follows:
113-17 (c) If the local agency or organizational combination of
113-18 local agencies that appoints the board of trustees is primarily
113-19 located in only one county, a person appointed to the board of
113-20 trustees may not serve more than four consecutive and complete
113-21 two-year terms.
113-22 SECTION 6.13. Subchapter A, Chapter 534, Health and Safety
113-23 Code, is amended to conform to Section 4, Chapter 569, Acts of the
113-24 72nd Legislature, Regular Session, 1991, by amending Section
113-25 534.006 and adding Section 534.0065 to read as follows:
113-26 Sec. 534.006. TRAINING. (a) The board by rule shall
113-27 establish:
114-1 (1) an annual training program for members of a board
114-2 of trustees administered by the professional staff of that
114-3 community center, including the center's legal counsel; and
114-4 (2) an advisory committee to develop training
114-5 guidelines that includes representatives of advocates for persons
114-6 with mental illness or mental retardation and representatives of
114-7 boards of trustees.
114-8 (b) Before a member of a board of trustees may assume
114-9 office, the member shall attend at least one training session
114-10 administered by that center's professional staff to receive
114-11 information relating to:
114-12 (1) the enabling legislation that created the
114-13 community center;
114-14 (2) the programs the community center operates;
114-15 (3) the community center's budget for that program
114-16 year;
114-17 (4) the results of the most recent formal audit of the
114-18 community center;
114-19 (5) the requirements of the open meetings law, Chapter
114-20 271, Acts of the 60th Legislature, Regular Session, 1967 (Article
114-21 6252-17, Vernon's Texas Civil Statutes), and the open records law,
114-22 Chapter 424, Acts of the 63rd Legislature, Regular Session, 1973
114-23 (Article 6252-17a, Vernon's Texas Civil Statutes);
114-24 (6) the requirements of conflict of interest laws and
114-25 other laws relating to public officials; and
114-26 (7) any ethics policies adopted by the community
114-27 center <EFFECT ON PREVIOUS BOARDS. (a) This subchapter does not
115-1 affect the validity of:>
115-2 <(1) a community center or board of trustees
115-3 established or appointed before September 1, 1969; or>
115-4 <(2) a board selection committee appointed by an
115-5 organizational combination of more than six local agencies under
115-6 Section 3.02(a), Chapter 67, Acts of the 59th Legislature, Regular
115-7 Session, 1965, as it read preceding September 1, 1969.>
115-8 <(b) A community center or board of trustees established or
115-9 appointed under prior law may be reorganized to comply with this
115-10 subchapter>.
115-11 Sec. 534.0065. QUALIFICATIONS; CONFLICT OF INTEREST;
115-12 REMOVAL. (a) As a local public official, a member of the board of
115-13 trustees of a community center shall uphold the member's position
115-14 of public trust by meeting and maintaining the applicable
115-15 qualifications for membership and by complying with the applicable
115-16 requirements relating to conflicts of interest.
115-17 (b) A person is not eligible for appointment as a member of
115-18 a board of trustees if the person or the person's spouse:
115-19 (1) owns or controls, directly or indirectly, more
115-20 than a 10 percent interest in a business entity or other
115-21 organization receiving funds from the community center by contract
115-22 or other method; or
115-23 (2) uses or receives a substantial amount of tangible
115-24 goods or funds from the community center, other than:
115-25 (A) compensation or reimbursement authorized by
115-26 law for board of trustees membership, attendance, or expenses; or
115-27 (B) as a consumer or as a family member of a
116-1 client or patient receiving services from the community center.
116-2 (c) The primary residence of a member of the board of
116-3 trustees must be in the local service area the member represents.
116-4 (d) A member of the board of trustees is subject to Chapter
116-5 171, Local Government Code.
116-6 (e) A member of the board of trustees may not:
116-7 (1) refer for services a client or patient to a
116-8 business entity owned or controlled by a member of the board of
116-9 trustees, unless the business entity is the only business entity
116-10 that provides the needed services within the jurisdiction of the
116-11 community center;
116-12 (2) use a community center facility in the conduct of
116-13 a business entity owned or controlled by that member;
116-14 (3) solicit, accept, or agree to accept from another
116-15 person or business entity a benefit in return for the member's
116-16 decision, opinion, recommendation, vote, or other exercise of
116-17 discretion as a local public official or for a violation of a duty
116-18 imposed by law;
116-19 (4) receive any benefit for the referral of a client
116-20 or a patient to the community center or to another business entity;
116-21 (5) appoint, vote for, or confirm the appointment of a
116-22 person to a paid office or position with the community center if
116-23 the person is related to a member of the board of trustees by
116-24 affinity within the second degree or by consanguinity within the
116-25 third degree; or
116-26 (6) solicit or receive a political contribution from a
116-27 supplier to or contractor with the community center.
117-1 (f) Not later than the date on which a member of the board
117-2 of trustees takes office by appointment or reappointment and not
117-3 later than the anniversary of that date, each member shall annually
117-4 execute and file with the community center an affidavit
117-5 acknowledging that the member has read the requirements for
117-6 qualification, conflict of interest, and removal prescribed by this
117-7 chapter.
117-8 (g) In addition to any grounds for removal adopted under
117-9 Section 534.004(a), it is a ground for removal of a member of a
117-10 board of trustees if the member:
117-11 (1) violates Chapter 171, Local Government Code;
117-12 (2) is not eligible for appointment to the board of
117-13 trustees at the time of appointment as provided by Subsections (b)
117-14 and (c);
117-15 (3) does not maintain during service on the board of
117-16 trustees the qualifications required by Subsections (b) and (c);
117-17 (4) violates a provision of Subsection (e);
117-18 (5) violates a provision of Section 534.0115; or
117-19 (6) does not execute the affidavit required by
117-20 Subsection (f).
117-21 (h) If a board of trustees is composed of members of the
117-22 governing body of a local agency or organizational combination of
117-23 local agencies, this section applies only to the qualifications for
117-24 and removal from membership on the board of trustees.
117-25 SECTION 6.14. Section 534.008(a), Health and Safety Code, is
117-26 amended to conform to Section 4, Chapter 569, Acts of the 72nd
117-27 Legislature, Regular Session, 1991, to read as follows:
118-1 (a) The board of trustees is responsible for the effective
118-2 administration of <shall administer> the community center.
118-3 SECTION 6.15. Section 534.009, Health and Safety Code, is
118-4 amended to conform to Section 4, Chapter 569, Acts of the 72nd
118-5 Legislature, Regular Session, 1991, by amending Subsection (c) and
118-6 adding Subsection (d) to read as follows:
118-7 (c) The board of trustees shall keep a record of its
118-8 proceedings in accordance with the open meetings law (Article
118-9 6252-17, Vernon's Texas Civil Statutes). The record is open for
118-10 public inspection in accordance with that law.
118-11 (d) The board of trustees shall send to the department and
118-12 each local agency that appoints the members a copy of the approved
118-13 minutes of board of trustees meetings by:
118-14 (1) mailing a copy appropriately addressed and with
118-15 the necessary postage paid using the United States postal service;
118-16 or
118-17 (2) another method agreed to by the board of trustees
118-18 and the local agency.
118-19 SECTION 6.16. Section 534.010(b), Health and Safety Code, is
118-20 amended to conform to Section 4, Chapter 569, Acts of the 72nd
118-21 Legislature, Regular Session, 1991, to read as follows:
118-22 (b) The board of trustees shall:
118-23 (1) adopt a written policy governing the powers that
118-24 may be delegated to the executive director; and
118-25 (2) annually report to each local agency that appoints
118-26 the members the executive director's total compensation and
118-27 benefits <executive director has the powers delegated by the board
119-1 of trustees. Those powers are subject to the policy direction of
119-2 the board of trustees>.
119-3 SECTION 6.17. Section 534.011, Health and Safety Code, is
119-4 amended to conform to Section 4, Chapter 569, Acts of the 72nd
119-5 Legislature, Regular Session, 1991, to read as follows:
119-6 Sec. 534.011. PERSONNEL. (a) The <board of trustees or>
119-7 executive director, in accordance with the policies of the board of
119-8 trustees, shall <may:>
119-9 <(1)> employ and train personnel to administer the
119-10 community center's programs and services. The community center
119-11 may<; and>
119-12 <(2)> recruit <and train> those personnel and contract
119-13 for recruiting and training purposes <that purpose>.
119-14 (b) <The board of trustees shall adopt standardized
119-15 qualifications for personnel positions for the community center
119-16 that are consistent with the standards developed by the
119-17 commissioner under Section 532.011(e).>
119-18 <(c)> The board of trustees shall provide employees of the
119-19 community center with appropriate rights, privileges, and benefits
119-20 <that are consistent with the rights, privileges, and benefits
119-21 available to employees of the local agencies that establish the
119-22 center>.
119-23 (c) <(d)> The board of trustees may provide workers'
119-24 compensation benefits.
119-25 (d) <(e)> The board of trustees shall prescribe the number
119-26 of employees and their salaries<, subject to the commissioner's
119-27 approval>. The board of trustees may choose to set salaries and
120-1 benefits in compliance with a market analysis or internal salary
120-2 study. If an internal salary study is used, the board of trustees
120-3 shall conduct the study in accordance with the guidelines
120-4 established by the commissioner.
120-5 (e) Instead of using a market analysis or internal salary
120-6 study to establish salaries and benefits, the board of trustees may
120-7 use the state position classification plan and the General
120-8 Appropriations Act to determine the appropriate classification and
120-9 relative compensation of officers and employees. The board of
120-10 trustees may pay salaries in amounts less than those provided by
120-11 the General Appropriations Act. For a position not on the
120-12 classification plan, the board of trustees shall set the
120-13 compensation according to guidelines adopted by the commissioner.
120-14 The board of trustees may petition the department for approval to
120-15 exclude a position from the position classification plan and to
120-16 provide a stated salary for that position that exceeds the amount
120-17 prescribed by the General Appropriations Act for the classified
120-18 position.
120-19 (f) During a management audit of a community center, the
120-20 department is entitled to confirm the method the center used to
120-21 determine salaries and benefits.
120-22 SECTION 6.18. Subchapter A, Chapter 534, Health and Safety
120-23 Code, is amended to conform to Section 4, Chapter 569, Acts of the
120-24 72nd Legislature, Regular Session, 1991, by adding Section 534.0115
120-25 to read as follows:
120-26 Sec. 534.0115. NEPOTISM. (a) The board of trustees or
120-27 executive director may not hire as a paid officer or employee of
121-1 the community center a person who is related to a member of the
121-2 board of trustees by affinity within the second degree or by
121-3 consanguinity within the third degree.
121-4 (b) An officer or employee who is related to a member of the
121-5 board of trustees in a prohibited manner may continue to be
121-6 employed if the person began the employment not later than the 31st
121-7 day before the date on which the member was appointed.
121-8 (c) The officer or employee or the member of the board of
121-9 trustees shall resign if the officer or employee began the
121-10 employment later than the 31st day before the date on which the
121-11 member was appointed.
121-12 (d) If an officer or employee is permitted to remain in
121-13 employment under Subsection (b), the related member of the board of
121-14 trustees may not participate in the deliberation of or voting on an
121-15 issue that is specifically applicable to the officer or employee
121-16 unless the issue affects an entire class or category of employees.
121-17 SECTION 6.19. Sections 534.012(a) and (b), Health and Safety
121-18 Code, are amended to conform to Section 4, Chapter 569, Acts of the
121-19 72nd Legislature, Regular Session, 1991, to read as follows:
121-20 (a) The board of trustees may appoint committees, including
121-21 medical committees, to advise the board of trustees on matters
121-22 relating to <the administration of> mental health and mental
121-23 retardation services.
121-24 (b) Each committee must be composed of at least three <five>
121-25 members.
121-26 SECTION 6.20. Section 534.014, Health and Safety Code, is
121-27 amended to conform to Sections 4 and 13, Chapter 569, Acts of the
122-1 72nd Legislature, Regular Session, 1991, to read as follows:
122-2 Sec. 534.014. BUDGET; REQUEST FOR FUNDS. (a) Each
122-3 community center shall annually provide to each local agency that
122-4 appoints members to the board of trustees a copy of the center's:
122-5 (1) approved fiscal year operating budget;
122-6 (2) most recent annual financial audit; and
122-7 (3) staff salaries by position.
122-8 (b) The board of trustees shall annually submit to each
122-9 local agency that appoints the members a request for funds or
122-10 in-kind assistance to support the center <PLAN FOR SERVICES. As
122-11 soon as possible after a community center is established, the board
122-12 of trustees shall submit to the department:>
122-13 <(1) a copy of the contract between the participating
122-14 local agencies, if applicable; and>
122-15 <(2) a plan, within the projected financial, physical,
122-16 and personnel resources of the region to be served, to develop and
122-17 make available to the region's residents an effective mental health
122-18 or mental retardation services program, or both, through one or
122-19 more community centers>.
122-20 SECTION 6.21. Subchapter A, Chapter 534, Health and Safety
122-21 Code, is amended to conform to Section 6, Chapter 569, Acts of the
122-22 72nd Legislature, Regular Session, 1991, by adding Section 534.0155
122-23 to read as follows:
122-24 Sec. 534.0155. FOR WHOM SERVICES MAY BE PROVIDED. (a) This
122-25 subtitle does not prevent a community center from providing
122-26 services to a person with chemical dependency or to a person with a
122-27 mental disability, as that term is defined by Section 535.001.
123-1 (b) A community center may provide those services by
123-2 contracting with a public or private agency in addition to the
123-3 department.
123-4 (c) A community center may not provide services to a person
123-5 with a disability that is not listed in the definition of person
123-6 with a mental disability provided by Section 535.001, except that a
123-7 community center that, on or before September 1, 1991, has
123-8 contracted to provide services to a person with a disability that
123-9 is not listed in that definition may continue to receive funding
123-10 and provide services to that person for the term of the contract.
123-11 SECTION 6.22. Section 534.017(a), Health and Safety Code, is
123-12 amended to conform to Section 7, Chapter 569, Acts of the 72nd
123-13 Legislature, Regular Session, 1991, to read as follows:
123-14 (a) A community center shall charge reasonable fees for <to
123-15 cover the cost of> services the center provides, unless prohibited
123-16 by other service contracts or law.
123-17 SECTION 6.23. Sections 534.018, 534.019, and 534.020, Health
123-18 and Safety Code, are amended to conform to Section 4, Chapter 569,
123-19 Acts of the 72nd Legislature, Regular Session, 1991, to read as
123-20 follows:
123-21 Sec. 534.018. GIFTS AND GRANTS. A community center may
123-22 accept gifts and grants of money, personal property, and real
123-23 property to use in providing <administering> the center's programs
123-24 and services.
123-25 Sec. 534.019. CONTRIBUTION BY LOCAL AGENCY. A participating
123-26 local agency may contribute land, buildings, facilities, other real
123-27 and personal property, personnel, and funds to administer the
124-1 community center's programs and services.
124-2 Sec. 534.020. ACQUISITION AND CONSTRUCTION OF PROPERTY AND
124-3 FACILITIES BY COMMUNITY CENTER. (a) A community center may
124-4 purchase or lease real and personal property and may construct
124-5 buildings and facilities.
124-6 (b) The board of trustees shall require that an appraiser
124-7 certified by a master appraisal institute conduct an independent
124-8 appraisal of real estate the community center intends to purchase.
124-9 The board of trustees may waive this requirement if the purchase
124-10 price is less than the value listed for the property by the local
124-11 appraisal district and the property has been appraised by the local
124-12 appraisal district within the preceding two years. A community
124-13 center may not purchase or lease property for an amount that is
124-14 greater than the property's appraised value unless:
124-15 (1) the purchase or lease of that property at that
124-16 price is necessary;
124-17 (2) the board of trustees documents in the official
124-18 minutes the reasons why the purchase or lease is necessary at that
124-19 price; and
124-20 (3) a majority of the board approves the transaction.
124-21 (c) The board of trustees shall establish in accordance with
124-22 relevant department rules competitive bidding procedures and
124-23 practices for capital purchases and for purchases involving
124-24 department funds or required local matching funds.
124-25 SECTION 6.24. Section 534.022, Health and Safety Code, is
124-26 amended to conform to Section 5, Chapter 569, and Section 1,
124-27 Chapter 596, Acts of the 72nd Legislature, Regular Session, 1991,
125-1 by amending Subsection (b) and adding Subsection (d) to read as
125-2 follows:
125-3 (b) The community center shall issue the bonds or notes in
125-4 accordance with the Bond Procedures Act of 1981 (Article 717k-6,
125-5 Vernon's Texas Civil Statutes), and Chapter 656, Acts of the 68th
125-6 Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
125-7 Civil Statutes). The attorney general must approve the bonds <or
125-8 notes> before issuance.
125-9 (d) The board shall review the issuance of bonds or notes
125-10 under this section and for each issuance shall make a finding of
125-11 whether the proceeds are to be expended on projects or purchases
125-12 that are related to the provision of services. Not later than
125-13 November 1 of each year, the board shall submit to the Legislative
125-14 Budget Board, the Governor's Office of Budget and Planning, and the
125-15 state auditor a report that describes the use and amount of
125-16 proceeds derived from bonds and notes issued by community centers
125-17 in the preceding fiscal year.
125-18 SECTION 6.25. Section 534.023(b), Health and Safety Code, is
125-19 amended to conform to Section 5, Chapter 569, Acts of the 72nd
125-20 Legislature, Regular Session, 1991, to read as follows:
125-21 (b) The agreement must include a provision for a
125-22 lease-purchase arrangement between <among> the community center<,
125-23 the governing body of each local agency establishing the center,>
125-24 and the department.
125-25 SECTION 6.26. Sections 534.026 and 534.030, Health and
125-26 Safety Code, are amended to conform to Section 5, Chapter 569, Acts
125-27 of the 72nd Legislature, Regular Session, 1991, to read as follows:
126-1 Sec. 534.026. Terms of Construction or Renovation Agreement.
126-2 (a) In an agreement to construct a facility under Section 534.023
126-3 or to renovate a facility under Section 534.024, the department
126-4 shall specify the lease or loan payments that include the
126-5 amortization of the cost of the facility or renovation <for not
126-6 more than 40 years>.
126-7 (b) The agreement must <may> provide for reasonable interest
126-8 to be paid by the community center on the total cost of the
126-9 facility or renovation. The rate of interest may not exceed 50
126-10 percent of the market interest rate, as determined by the
126-11 department, that a local agency that established the community
126-12 center would pay at the time the agreement is made if the agency
126-13 issued revenue bonds to construct or renovate the facility payable
126-14 for the same period as the period of the agreement to construct or
126-15 renovate the facility.
126-16 Sec. 534.030. STATE FUNDS. (a) A community center may use
126-17 state funds, including state contract funds, to operate a facility
126-18 constructed under Section 534.023 or renovated under Section
126-19 534.024. The total amount of state funds used in the actual
126-20 operation of the facility may not exceed an amount equal to 60
126-21 percent of the facility's total operating budget.
126-22 (b) In determining a facility's total operating budget, a
126-23 community center may not include lease-purchase payments or
126-24 renovation funding repayments.
126-25 (c) <A community center may not use state funds to make
126-26 lease-purchase payments or renovation funding repayments.>
126-27 <(d)> The construction, renovation, or operation of a
127-1 facility under Sections 534.023-534.029 does not constitute grounds
127-2 for a community center to receive contract funds that are in
127-3 addition to the contract funds the center would otherwise receive
127-4 under the board's rules governing distribution of those funds.
127-5 SECTION 6.27. Sections 534.033(a) and (c), Health and Safety
127-6 Code, are amended to conform to Section 6, Chapter 569, Acts of the
127-7 72nd Legislature, Regular Session, 1991, to read as follows:
127-8 (a) It is the intent of the legislature that the department
127-9 limit its control over, and routine reviews of, community center
127-10 programs to those programs that:
127-11 (1) use department <state> funds or use required local
127-12 funds that are matched with department <state> funds;
127-13 (2) provide core or required services;
127-14 (3) provide services to former clients or patients of
127-15 a department facility; or
127-16 (4) are affected by litigation in which the department
127-17 is a defendant.
127-18 (c) The department may determine whether a particular
127-19 program uses department <state> funds or uses required local
127-20 matching funds.
127-21 SECTION 6.28. Subchapter A, Chapter 534, Health and Safety
127-22 Code, is amended to conform to Section 8, Chapter 569, Acts of the
127-23 72nd Legislature, Regular Session, 1991, by adding Section 534.035
127-24 to read as follows:
127-25 Sec. 534.035. PROGRAM REVIEW AND MANAGEMENT AUDIT. (a) The
127-26 department by rule shall establish as a contract requirement for
127-27 community centers program review and management audit procedures to
128-1 ensure that reviews and audits are conducted in sufficient quantity
128-2 and type to provide reasonable assurance that adequate and
128-3 appropriate fiscal controls exist in community centers.
128-4 (b) The department shall conduct periodic program reviews at
128-5 each community center. The commissioner or the commissioner's
128-6 designee shall prepare, publish, and distribute a formal procedure
128-7 for the periodic program reviews.
128-8 (c) The department shall conduct periodic management audits
128-9 at each community center. The director of the internal audit unit,
128-10 with the approval of the board's audit committee, shall prepare and
128-11 publish a formal risk assessment procedure for the audits. The
128-12 department shall include in a management audit a comprehensive
128-13 review of the center's annual financial and compliance audit
128-14 activities required under Section 534.068.
128-15 (d) After a program review or management audit is conducted,
128-16 the department shall send to the community center a written report
128-17 that identifies in clear language each significant deficiency
128-18 identified and each question raised by the review or audit.
128-19 (e) The board of trustees shall provide to the department a
128-20 written response to the concerns raised by the review or audit
128-21 within the period prescribed by department rule. The response
128-22 must:
128-23 (1) describe any action taken or to be taken to
128-24 correct an identified deficiency;
128-25 (2) provide narrative responses to questions relating
128-26 to policies or procedures raised in the review or audit; and
128-27 (3) give notice of any disagreement the board of
129-1 trustees has with a specific finding of the review or audit.
129-2 (f) Within the period prescribed by department rules, the
129-3 commissioner or the board's audit committee shall review the
129-4 community center's responses and shall notify in writing the
129-5 community center of any inadequacy or deficiency found in the
129-6 response. The community center may provide additional responses to
129-7 the commissioner. The commissioner shall establish a reasonable
129-8 deadline for receiving responses.
129-9 (g) If, by the date prescribed by the commissioner, the
129-10 community center fails to respond to a deficiency identified in a
129-11 review or audit to the satisfaction of the commissioner, the
129-12 department may discontinue the transfer of related department funds
129-13 to the community center until the dispute is resolved. The
129-14 community center is entitled to notice and an opportunity for a
129-15 hearing before the transfer of department funds is discontinued.
129-16 The board by rule shall prescribe the hearings procedure.
129-17 (h) The department may withhold funds during the pendency of
129-18 an appeal to a court if the department hearing upholds the
129-19 discontinuation of the funds. The department shall transfer the
129-20 withheld funds to the community center if the final determination
129-21 is favorable to the community center.
129-22 (i) The department shall incorporate the community center's
129-23 responses into the official management audit report in accordance
129-24 with the Government Auditing Standards published by the United
129-25 States General Accounting Office. The department shall publish the
129-26 final report within the period prescribed by department rules, but
129-27 not later than the 60th day after the date on which the audit staff
130-1 conducts the official exit conference with the community center.
130-2 If the department disagrees with the community center's responses
130-3 as provided by Subsection (f), the department shall publish the
130-4 official report within the period prescribed by department rules.
130-5 SECTION 6.29. Section 534.052, Health and Safety Code, is
130-6 amended to conform to Section 9, Chapter 569, Acts of the 72nd
130-7 Legislature, Regular Session, 1991, to read as follows:
130-8 Sec. 534.052. Rules and Standards. (a) The board shall
130-9 adopt rules, including standards, the board considers necessary and
130-10 appropriate to ensure the adequate provision of community-based
130-11 mental health and mental retardation services through a local
130-12 mental health or mental retardation authority <by department
130-13 facility outreach programs or by community centers and other
130-14 providers receiving contract funds as designated providers> under
130-15 this subchapter.
130-16 (b) The department shall send a copy of the rules to each
130-17 local mental health or mental retardation authority or other
130-18 provider receiving contract funds as a local mental health or
130-19 mental retardation authority or <department facility outreach
130-20 program and to each> designated provider.
130-21 SECTION 6.30. Subchapter B, Chapter 534, Health and Safety
130-22 Code, is amended to conform to Section 10, Chapter 569, Acts of the
130-23 72nd Legislature, Regular Session, 1991, by adding Section 534.0535
130-24 to read as follows:
130-25 Sec. 534.0535. JOINT DISCHARGE PLANNING. (a) The board
130-26 shall adopt, and the department shall enforce, rules that require
130-27 continuity of services and planning for patient or client care
131-1 between department facilities and local mental health or mental
131-2 retardation authorities.
131-3 (b) At a minimum, the rules must require joint discharge
131-4 planning between a department facility and a local mental health or
131-5 mental retardation authority before a facility discharges a patient
131-6 or client or places the patient or client on an extended furlough
131-7 with an intent to discharge.
131-8 (c) The local mental health or mental retardation authority
131-9 shall plan with the department facility and determine the
131-10 appropriate community services for the patient or client.
131-11 (d) The local mental health or mental retardation authority
131-12 shall arrange for the provision of the services if department funds
131-13 are to be used and may subcontract with or make a referral to a
131-14 local agency or entity.
131-15 SECTION 6.31. Section 534.054, Health and Safety Code, is
131-16 amended to conform to Section 10, Chapter 569, Acts of the 72nd
131-17 Legislature, Regular Session, 1991, to read as follows:
131-18 Sec. 534.054. Designation of Provider <Designated
131-19 Providers>. (a) The department shall identify and contract with a
131-20 local mental health or mental retardation authority <one or more
131-21 designated providers> for each service area to provide services to
131-22 patient and client populations determined by the department. A
131-23 local mental health or mental retardation authority <designated
131-24 provider> shall provide, directly or by subcontract, services to
131-25 address the needs of priority populations as required by the
131-26 department and shall comply with the rules and standards adopted
131-27 under Section 534.052.
132-1 (b) In identifying a local mental health or mental
132-2 retardation authority <designated provider>, the department shall
132-3 give preference to a community center located in that service area.
132-4 (c) The department may contract with a local agency or a
132-5 private provider or organization to act as a designated provider of
132-6 <for> a service <area> if the department:
132-7 (1) cannot negotiate a contract with a local mental
132-8 health or mental retardation authority <community center> to ensure
132-9 that a specific required service <services> for priority
132-10 populations is <are> available in that service area; or
132-11 (2) determines that a local mental health or mental
132-12 retardation authority <center> does not have the capacity to ensure
132-13 the availability of that service <the services>.
132-14 (d) The department shall provide the required services in a
132-15 service area directly through a department facility outreach
132-16 program or contract with another agency, provider, or organization
132-17 as the local mental health or mental retardation authority if the
132-18 department cannot identify and contract with a community center
132-19 <designated provider> in that service area.
132-20 SECTION 6.32. Section 534.055(c), Health and Safety Code, is
132-21 amended to correct a reference and to conform to Section 11,
132-22 Chapter 569, Acts of the 72nd Legislature, Regular Session, 1991,
132-23 to read as follows:
132-24 (c) A model contract must:
132-25 (1) require that the services provided by the private
132-26 provider be based on the patient's or client's individual treatment
132-27 plan;
133-1 (2) provide that a community-based residential
133-2 facility that is a family home as defined in Chapter 123, Human
133-3 Resources Code <the Community Homes for Disabled Persons Location
133-4 Act (Article 1011n, Vernon's Texas Civil Statutes)> may house only
133-5 a person with a disability as defined in Section 123.002, Human
133-6 Resources Code <disabled persons as defined in Section 2 of that
133-7 Act>; <and>
133-8 (3) prohibit the use of the facility for purposes such
133-9 as restitution centers, homes for substance abusers, or halfway
133-10 houses; and
133-11 (4) outline a dispute resolution procedure.
133-12 SECTION 6.33. Section 534.056, Health and Safety Code, is
133-13 amended to conform to Section 10, Chapter 569, Acts of the 72nd
133-14 Legislature, Regular Session, 1991, to read as follows:
133-15 Sec. 534.056. COORDINATION OF ACTIVITIES. A local mental
133-16 health or mental retardation authority <designated provider> shall
133-17 coordinate its activities with the activities of other appropriate
133-18 agencies that provide care and treatment for persons with drug or
133-19 alcohol problems.
133-20 SECTION 6.34. Sections 534.058(a) and (c), Health and Safety
133-21 Code, are amended to conform to Section 10, Chapter 569, Acts of
133-22 the 72nd Legislature, Regular Session, 1991, to read as follows:
133-23 (a) The department shall develop standards of care for the
133-24 services provided by a local mental health or mental retardation
133-25 authority <department facility outreach program or by a designated
133-26 provider> and its subcontractors under this subchapter.
133-27 (c) In conjunction with local mental health or mental
134-1 retardation authorities <designated providers>, the department
134-2 shall review the standards biennially to determine if each standard
134-3 is necessary to ensure the quality of care.
134-4 SECTION 6.35. Section 534.059, Health and Safety Code, is
134-5 amended to conform to Section 10, Chapter 569, Acts of the 72nd
134-6 Legislature, Regular Session, 1991, to read as follows:
134-7 Sec. 534.059. PERFORMANCE STANDARDS. The department shall
134-8 specify performance standards, including measures of results, to
134-9 use in evaluating the compliance of a local mental health or mental
134-10 retardation authority <department facility outreach program or
134-11 designated provider> with its obligation or contract to provide
134-12 specific services to priority populations.
134-13 SECTION 6.36. Section 534.060, Health and Safety Code, is
134-14 amended to conform to Sections 9 and 10, Chapter 569, Acts of the
134-15 72nd Legislature, Regular Session, 1991, to read as follows:
134-16 Sec. 534.060. PROGRAM AND SERVICE MONITORING AND REVIEW.
134-17 (a) The department shall develop mechanisms for monitoring the
134-18 services provided by a local mental health or mental retardation
134-19 authority and the authority's <department facility outreach program
134-20 or by a designated provider and the provider's> subcontractors.
134-21 (b) The department shall review the program quality and
134-22 program performance results of each local mental health or mental
134-23 retardation authority <department facility outreach program or
134-24 designated provider> at least once each fiscal year. The
134-25 department may determine the scope of each review.
134-26 (c) Each <designated provider> contract between a local
134-27 mental health or mental retardation authority and the department
135-1 must authorize the department to have unrestricted access to all
135-2 facilities, records, data, and other information under the control
135-3 of the local mental health or mental retardation authority, the
135-4 authority's subcontractors, or the designated provider <provider or
135-5 the provider's subcontractors> as necessary to enable the
135-6 department to audit, monitor, and review the financial and program
135-7 activities and services associated with department funds <the
135-8 contract>.
135-9 SECTION 6.37. Section 534.063, Health and Safety Code, is
135-10 amended to conform to Section 10, Chapter 569, Acts of the 72nd
135-11 Legislature, Regular Session, 1991, to read as follows:
135-12 Sec. 534.063. PEER REVIEW ORGANIZATION. The department
135-13 shall assist a local mental health or mental retardation authority
135-14 <designated provider> in developing a peer review organization to
135-15 provide self-assessment of programs and to supplement department
135-16 reviews under Section 534.060.
135-17 SECTION 6.38. Subchapter B, Chapter 534, Health and Safety
135-18 Code, is amended to conform to Section 10, Chapter 569, Acts of the
135-19 72nd Legislature, Regular Session, 1991, by amending Sections
135-20 534.064, 534.066, and 534.067 and adding Section 534.0675 to read
135-21 as follows:
135-22 Sec. 534.064. CONTRACT RENEWAL. The commissioner may
135-23 <shall> refuse to renew a contract with a local mental health or
135-24 mental retardation authority <designated provider> and may <shall>
135-25 select other agencies, providers, or organizations to be the local
135-26 mental health or mental retardation authority <a new designated
135-27 provider> if the department's evaluation of the authority's
136-1 <provider's> performance indicates that the authority <provider>
136-2 cannot ensure the availability of the specific services to priority
136-3 populations required by the department and this subtitle.
136-4 Sec. 534.066. Local Match Requirement. (a) The department
136-5 shall <may> include in a contract with a local mental health or
136-6 mental retardation authority <designated provider> a requirement
136-7 that some or all of the state funds the authority <provider>
136-8 receives be matched by local support in an amount or proportion
136-9 jointly agreed to by the department and the authority's board of
136-10 trustees and based on the authority's financial capability and its
136-11 overall commitment to other mental health or mental retardation
136-12 programs, as appropriate <determined by the department>.
136-13 (b) The department shall establish, for department facility
136-14 outreach programs that provide community-based services required
136-15 under this subchapter, a local match requirement that is consistent
136-16 with the requirements applied to other local mental health or
136-17 mental retardation authorities <designated providers>.
136-18 (c) <A requirement of a local match under this section must
136-19 apply uniformly to each provider or contractor in a service area.>
136-20 <(d)> Patient fee income, third-party insurance income,
136-21 services and facilities contributed by the local mental health or
136-22 mental retardation authority <provider>, contributions by a county
136-23 or municipality, and other locally generated contributions,
136-24 including local tax funds, may be counted <as local support> when
136-25 calculating the local support for a local mental health or mental
136-26 retardation authority <share of the operating costs of a department
136-27 facility outreach program or a designated provider>. The
137-1 department may disallow or reduce the value of services claimed as
137-2 support.
137-3 Sec. 534.067. Fee Collection Policy. The department shall
137-4 establish a uniform fee collection policy for all local mental
137-5 health or mental retardation authorities <community centers and
137-6 other designated providers> that is equitable, provides for
137-7 collections, and maximizes contributions to local revenue.
137-8 Sec. 534.0675. NOTICE OF DENIAL, REDUCTION, OR TERMINATION
137-9 OF SERVICES. The board by rule, in cooperation with local mental
137-10 health and mental retardation authorities, consumers, consumer
137-11 advocates, and service providers, shall establish a uniform
137-12 procedure that each local mental health or mental retardation
137-13 authority shall use to notify consumers in writing of the denial,
137-14 involuntary reduction, or termination of services and of the right
137-15 to appeal those decisions.
137-16 SECTION 6.39. Section 534.068, Health and Safety Code, is
137-17 amended to conform to Section 12, Chapter 569, and Section 24,
137-18 Chapter 599, Acts of the 72nd Legislature, Regular Session, 1991,
137-19 to read as follows:
137-20 Sec. 534.068. Audits. (a) As a condition to receiving
137-21 <contract> funds under this subtitle, a local mental health and
137-22 mental retardation authority <the board of trustees of a community
137-23 center or the administrative authority of a designated provider>
137-24 other than a state facility designated as an authority <center>
137-25 must annually submit to the department a financial and compliance
137-26 audit prepared <have the center's or provider's accounts audited>
137-27 by a certified public accountant or public accountant licensed by
138-1 the Texas State Board of Public Accountancy. To ensure the highest
138-2 degree of independence and quality, the local mental health or
138-3 mental retardation authority shall use an invitation-for-proposal
138-4 process as prescribed by the department to select the auditor.
138-5 (b) The audit must meet the minimum requirements as shall
138-6 be, and be in the form and in the number of copies as may be,
138-7 prescribed by the department, subject to review and comment <and
138-8 approved> by the state auditor.
138-9 (c) The local mental health or mental retardation authority
138-10 <community center or other designated provider> shall file the
138-11 required number of copies <a copy> of the audit report with the
138-12 department by the date prescribed by the department. From the
138-13 copies filed with the department, <The center or provider shall
138-14 also submit> copies of the report shall be submitted to the
138-15 governor and<,> Legislative Budget Board<, and Legislative Audit
138-16 Committee>.
138-17 (d) The local mental health or mental retardation authority
138-18 <board of trustees or administrative authority> shall either
138-19 approve or refuse to approve the audit report. If the <board or>
138-20 authority refuses to approve the report, the <board or> authority
138-21 shall include with the department's copies <copy> a statement
138-22 detailing the reasons for refusal.
138-23 (e) The commissioner and state auditor have access to all
138-24 vouchers, receipts, journals, or other records the commissioner or
138-25 auditor considers necessary to review and analyze the audit report.
138-26 (f) The department shall annually submit to the governor,
138-27 Legislative Budget Board, and Legislative Audit Committee a summary
139-1 of the significant findings identified during the department's
139-2 reviews of fiscal audit activities.
139-3 SECTION 6.40. Section 534.051, Health and Safety Code, is
139-4 repealed to conform to Section 13, Chapter 569, Acts of the 72nd
139-5 Legislature, Regular Session, 1991.
139-6 SECTION 6.41. (a) Subchapter B, Chapter 535, Health and
139-7 Safety Code, is repealed to conform to the repeal of the law from
139-8 which it was derived by Section 1, Article 3, Chapter 637, Acts of
139-9 the 72nd Legislature, Regular Session, 1991.
139-10 (b) The subchapter heading to Subchapter A, Chapter 535,
139-11 Health and Safety Code, is repealed to conform to Section 1,
139-12 Article 3, Chapter 637, Acts of the 72nd Legislature, Regular
139-13 Session, 1991.
139-14 SECTION 6.42. Section 571.014, Health and Safety Code, is
139-15 amended to conform to Section 1, Chapter 567, Acts of the 72nd
139-16 Legislature, Regular Session, 1991, by amending Subsection (c) and
139-17 adding Subsection (d) to read as follows:
139-18 (c) A person may initially file a paper with the county
139-19 clerk by the use of reproduced, photocopied, or electronically
139-20 transmitted paper if the person files the original signed copies of
139-21 the paper with the clerk not later than the 72nd hour after the
139-22 hour on which the initial filing is made. If the 72-hour period
139-23 ends on a Saturday, Sunday, or legal holiday, the filing period is
139-24 extended until 4 p.m. on the first succeeding business day. If
139-25 extremely hazardous weather conditions exist or a disaster occurs,
139-26 the presiding judge or magistrate may by written order made each
139-27 day extend the filing period until 4 p.m. on the first succeeding
140-1 business day. The written order must declare that an emergency
140-2 exists because of the weather or the occurrence of a disaster. If
140-3 a person detained under this subtitle would otherwise be released
140-4 because the original signed copy of a paper is not filed within the
140-5 72-hour period but for the extension of the filing period under
140-6 this section, the person may be detained until the expiration of
140-7 the extended filing period. This subsection does not affect
140-8 another provision of this subtitle requiring the release or
140-9 discharge of a person <third working day after the date on which
140-10 the initial filing is made>.
140-11 (d) If the clerk does not receive the original signed copy
140-12 of a paper within the period prescribed by this section, the judge
140-13 may dismiss the proceeding on the court's own motion or on the
140-14 motion of a party and, if the proceeding is dismissed, shall order
140-15 the immediate release of a proposed patient who is not at liberty.
140-16 SECTION 6.43. Chapter 571, Health and Safety Code, is
140-17 amended to conform to Section 5, Chapter 567, Acts of the 72nd
140-18 Legislature, Regular Session, 1991, by adding Section 571.0165 to
140-19 read as follows:
140-20 Sec. 571.0165. EXTENSION OF DETENTION PERIOD. (a) If
140-21 extremely hazardous weather conditions exist or a disaster occurs,
140-22 the judge of a court having jurisdiction of a proceeding under
140-23 Chapters 572, 573, 574, and 575 or a magistrate appointed by the
140-24 judge may by written order made each day extend the period during
140-25 which the person may be detained under those chapters until 4 p.m.
140-26 on the first succeeding business day.
140-27 (b) The written order must declare that an emergency exists
141-1 because of the weather or the occurrence of a disaster.
141-2 (c) This section does not apply to a situation for which a
141-3 specific procedure is prescribed by this subtitle for extending the
141-4 detention period because of extremely hazardous weather conditions
141-5 or the occurrence of a disaster.
141-6 SECTION 6.44. Section 571.018(g), Health and Safety Code, is
141-7 amended to conform to Section 2, Chapter 567, Acts of the 72nd
141-8 Legislature, Regular Session, 1991, to read as follows:
141-9 (g) The state or a county may not pay any costs for a
141-10 patient committed to a private mental hospital unless:
141-11 (1) a public facility is not available; and
141-12 (2) the commissioners court of the county authorizes
141-13 the payment, if appropriate.
141-14 SECTION 6.45. Section 571.020(a), Health and Safety Code, is
141-15 amended to conform to Section 3, Chapter 567, Acts of the 72nd
141-16 Legislature, Regular Session, 1991, to read as follows:
141-17 (a) A person commits an offense if the person intentionally
141-18 causes, conspires with another to cause, or assists another to
141-19 cause the unwarranted commitment of a person to a mental health
141-20 facility. An offense under this subsection is a misdemeanor
141-21 punishable by a fine of not more than $5,000, confinement in the
141-22 county jail for not more than one year <two years>, or both.
141-23 SECTION 6.46. Section 572.004, Health and Safety Code, is
141-24 amended to conform to Section 4, Chapter 567, Acts of the 72nd
141-25 Legislature, Regular Session, 1991, by amending Subsection (a) and
141-26 adding Subsection (e) to read as follows:
141-27 (a) Except as provided by Subsections <Subsection> (b) and
142-1 (e), a voluntary patient is entitled to leave an inpatient mental
142-2 health facility within 96 hours after the time a written request
142-3 for release is filed with the facility administrator or the
142-4 administrator's designee. The request must be signed by the
142-5 patient or a person responsible for the patient's admission.
142-6 (e) If extremely hazardous weather conditions exist or a
142-7 disaster occurs, the facility administrator may request the judge
142-8 of a court that has jurisdiction over proceedings brought under
142-9 Chapter 574 to extend the period during which the patient may be
142-10 detained. The judge or a magistrate appointed by the judge may by
142-11 written order made each day extend the period during which the
142-12 patient may be detained until 4 p.m. on the first succeeding
142-13 business day. The written order must declare that an emergency
142-14 exists because of the weather or the occurrence of a disaster.
142-15 SECTION 6.47. Subchapter A, Chapter 574, Health and Safety
142-16 Code, is amended to conform to Section 1, Chapter 619, Acts of the
142-17 72nd Legislature, Regular Session, 1991, by adding Section 574.0085
142-18 to read as follows:
142-19 Sec. 574.0085. MASTERS. (a) The county judge may appoint a
142-20 full-time or a part-time master to preside over the proceedings for
142-21 court-ordered mental health services if the commissioners court of
142-22 a county in which the court has jurisdiction authorizes the
142-23 employment of a master.
142-24 (b) To be eligible for appointment as a master, a person
142-25 must be a resident of this state and have been licensed to practice
142-26 law in this state for at least four years.
142-27 (c) A master shall be paid as determined by the
143-1 commissioners court of the county in which the master serves. If a
143-2 master serves in more than one county, the master shall be paid as
143-3 determined by agreement of the commissioners courts of the counties
143-4 in which the master serves. The master may be paid from county
143-5 funds available for payment of officers' salaries.
143-6 (d) A master who serves a single court serves at the will of
143-7 the judge of that court. The services of a master who serves more
143-8 than two courts may be terminated by a majority vote of all the
143-9 judges of the courts the master serves. The services of a master
143-10 who serves two courts may be terminated by either of the judges of
143-11 the courts the master serves.
143-12 (e) To refer cases to a master, the referring court must
143-13 issue an order of referral. The order of referral may limit the
143-14 power or duties of a master.
143-15 (f) Except as limited by an order of referral, masters
143-16 appointed under this section have all the powers and duties set
143-17 forth in Section 54.007, Government Code.
143-18 (g) A bailiff may attend a hearing held by a master if
143-19 directed by the referring court.
143-20 (h) A witness appearing before a master is subject to the
143-21 penalties for perjury provided by law. A referring court may issue
143-22 attachment against and may fine or imprison a witness whose failure
143-23 to appear before a master after being summoned or whose refusal to
143-24 answer questions has been certified to the court.
143-25 (i) At the conclusion of any hearing conducted by a master
143-26 and on the preparation of a master's report, the master shall
143-27 transmit to the referring court all papers relating to the case,
144-1 with the master's signed and dated report. After the master's
144-2 report has been signed, the master shall give to the parties
144-3 participating in the hearing notice of the substance of the report.
144-4 The master's report may contain the master's findings, conclusions,
144-5 or recommendations. The master's report must be in writing in a
144-6 form as the referring court may direct. The form may be a notation
144-7 on the referring court's docket sheet. After the master's report
144-8 is filed, the referring court may adopt, approve, or reject the
144-9 master's report, hear further evidence, or recommit the matter for
144-10 further proceedings as the referring court considers proper and
144-11 necessary in the particular circumstances of the case.
144-12 (j) If a jury trial is demanded or required, the master
144-13 shall refer the entire matter back to the referring court for
144-14 trial.
144-15 (k) A master appointed under this section has the judicial
144-16 immunity of a county judge.
144-17 (l) A master appointed in accordance with this section shall
144-18 comply with the Code of Judicial Conduct in the same manner as the
144-19 county judge.
144-20 SECTION 6.48. Section 574.009(d), Health and Safety Code, is
144-21 amended to conform to Section 6, Chapter 567, Acts of the 72nd
144-22 Legislature, Regular Session, 1991, to read as follows:
144-23 (d) If the certificates required under this section are not
144-24 on file at the time set for the hearing on the application, the
144-25 judge shall dismiss the application and order the immediate release
144-26 of the proposed patient if that person is not at liberty. If
144-27 extremely hazardous weather conditions exist or a disaster occurs,
145-1 the presiding judge or magistrate may by written order made each
145-2 day extend the period during which the two certificates of medical
145-3 examination for mental illness may be filed, and the person may be
145-4 detained until 4 p.m. on the first succeeding business day. The
145-5 written order must declare that an emergency exists because of the
145-6 weather or the occurrence of a disaster.
145-7 SECTION 6.49. Section 574.034(d), Health and Safety Code, is
145-8 amended to conform to Section 7, Chapter 567, Acts of the 72nd
145-9 Legislature, Regular Session, 1991, and to conform more closely to
145-10 the source law from which it was derived to read as follows:
145-11 (d) The proposed patient and <or> the proposed patient's
145-12 attorney, by a written document filed with the court, may waive the
145-13 right to cross-examine witnesses, and, if that right is waived, the
145-14 court may admit, as evidence, the certificates of medical
145-15 examination for mental illness. The certificates admitted under
145-16 this subsection constitute competent medical or psychiatric
145-17 testimony, and the court may make its findings solely from the
145-18 certificates. If the proposed patient and the proposed patient's
145-19 attorney do not waive in writing the right to cross-examine
145-20 witnesses, the court shall proceed to hear testimony. The
145-21 testimony must include competent medical or psychiatric testimony.
145-22 In addition, the court may consider the testimony of a nonphysician
145-23 mental health professional as provided by Section 574.031(f).
145-24 SECTION 6.50. Section 574.044, Health and Safety Code, is
145-25 amended to correct a reference to read as follows:
145-26 Sec. 574.044. COMMITMENT TO FACILITY OF THE INSTITUTIONAL
145-27 DIVISION OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE. The court
146-1 shall commit an inmate patient to an inpatient mental health
146-2 facility of the institutional division of the Texas Department of
146-3 Criminal Justice if the court enters an order requiring temporary
146-4 mental health services for the inmate patient under an application
146-5 filed by a psychiatrist for the institutional division under
146-6 Section 501.057 <500.057>, Government Code.
146-7 SECTION 6.51. Section 576.008, Health and Safety Code, is
146-8 amended to conform more closely to the source law from which it was
146-9 derived to read as follows:
146-10 Sec. 576.008. NOTIFICATION OF PROTECTION AND ADVOCACY
146-11 SYSTEM. A patient shall be informed in writing, at the time of
146-12 admission and <or> discharge, of the existence, purpose, telephone
146-13 number, and address of the protection and advocacy system
146-14 established in this state under the federal Protection and Advocacy
146-15 for Mentally Ill Individuals Act of 1986 (42 U.S.C. Sec. 10801, et
146-16 seq.).
146-17 SECTION 6.52. Sections 614.001(4)-(8), Health and Safety
146-18 Code, are amended to conform to Section 1, Chapter 566, Acts of the
146-19 72nd Legislature, Regular Session, 1991, to read as follows:
146-20 (4) "Developmental disability" means a <condition of>
146-21 severe, chronic disability that:
146-22 (A) is attributable to a mental or physical
146-23 impairment or a combination of physical and mental impairments;
146-24 (B) is manifested before the person reaches 22
146-25 years of age;
146-26 (C) is likely to continue indefinitely;
146-27 (D) results in substantial functional
147-1 limitations in three or more of the following areas of major life
147-2 activity:
147-3 (i) self-care;
147-4 (ii) self-direction;
147-5 (iii) learning;
147-6 (iv) receptive and expressive language;
147-7 (v) mobility;
147-8 (vi) capacity for independent living; or
147-9 (vii) economic self-sufficiency; and
147-10 (E) reflects the person's need for a combination
147-11 and sequence of special, interdisciplinary, or generic care,
147-12 treatment, or other services of extended or lifelong duration that
147-13 are individually planned and coordinated.
147-14 (5) "Mental illness" has the meaning assigned by
147-15 Section 571.003 <means an illness, disease, or condition that:>
147-16 <(A) substantially impairs a person's thought,
147-17 perception of reality, emotional process, or judgment; or>
147-18 <(B) grossly impairs a person's behavior, as
147-19 shown by recent disturbed behavior>.
147-20 (6) "Mental retardation" has the meaning assigned by
147-21 Section 591.003 <means significantly subaverage intellectual
147-22 functioning that originated during the developmental period and
147-23 exists concurrently with deficits in adaptive behavior>.
147-24 (7) "Offender with a mental impairment" means a
147-25 juvenile or adult <person> with mental illness, mental retardation,
147-26 or a developmental disability who is arrested or charged with a
147-27 criminal offense.
148-1 (8) "Person with mental retardation" means a juvenile
148-2 or adult <person> with mental retardation that is not a mental
148-3 disorder who, because of the mental deficit, requires special
148-4 training, education, supervision, treatment, care, or control in
148-5 the person's home or community or in a private or state school for
148-6 persons with mental retardation.
148-7 SECTION 6.53. (a) Sections 614.002, 614.005, 614.007, and
148-8 614.008, Health and Safety Code, are amended to conform to Section
148-9 1, Chapter 566, Acts of the 72nd Legislature, Regular Session,
148-10 1991, and Section 1.03, Chapter 10, Acts of the 72nd Legislature,
148-11 2nd Called Session, 1991, to read as follows:
148-12 Sec. 614.002. COMPOSITION OF COUNCIL. (a) The Texas
148-13 Council on Offenders with Mental Impairments is composed of 29 <28>
148-14 members.
148-15 (b) The governor shall appoint, with the advice and consent
148-16 of the senate: <nine at-large members to serve on the council.>
148-17 (1) four at-large members who have expertise in mental
148-18 health, mental retardation, or developmental disabilities, one of
148-19 whom must be a psychiatrist;
148-20 (2) one at-large member who is the judge of a court
148-21 with criminal jurisdiction;
148-22 (3) one at-large member who is a prosecuting attorney;
148-23 (4) one at-large member who is a criminal defense
148-24 attorney;
148-25 (5) one at-large member from an established pretrial
148-26 services agency; and
148-27 (6) one at-large member who has expertise in the
149-1 criminal justice system.
149-2 (c) The executive head of each of the following agencies,
149-3 divisions of agencies, or associations, or that person's designated
149-4 representative, shall serve as a member of the council:
149-5 (1) the institutional division of the Texas Department
149-6 of Criminal Justice;
149-7 (2) the Texas Department of Mental Health and Mental
149-8 Retardation;
149-9 (3) the pardons and paroles division of the Texas
149-10 Department of Criminal Justice;
149-11 (4) the community justice assistance division of the
149-12 Texas Department of Criminal Justice;
149-13 (5) the Texas Juvenile Probation Commission;
149-14 (6) the Texas Youth Commission;
149-15 (7) the Texas Rehabilitation Commission;
149-16 (8) the Central Education Agency;
149-17 (9) the Criminal Justice Policy Council;
149-18 (10) the Mental Health Association in Texas;
149-19 (11) the Texas Commission on Alcohol and Drug Abuse;
149-20 (12) the Commission on Law Enforcement Officer
149-21 Standards and Education;
149-22 (13) the Texas Council of Community Mental Health and
149-23 Mental Retardation Centers;
149-24 (14) the Commission on Jail Standards;
149-25 (15) the Texas Planning Council for Developmental
149-26 Disabilities;
149-27 (16) the Texas Association for Retarded Citizens;
150-1 (17) the Texas Alliance for the Mentally Ill;
150-2 (18) the Parent Association for the Retarded of Texas,
150-3 Inc.; <and>
150-4 (19) the Texas Department of Human Services; and
150-5 (20) the Texas Department on Aging.
150-6 (d) In making the appointments under Subsection (b), the
150-7 governor shall attempt to reflect the geographic and economic
150-8 diversity of the state.
150-9 (e) It is a ground for removal if an at-large member:
150-10 (1) is not eligible for appointment at the time of
150-11 appointment as provided by Subsections (b) and (g);
150-12 (2) is absent from more than half of the regularly
150-13 scheduled council meetings that the member is eligible to attend
150-14 during each calendar year; or
150-15 (3) is absent from more than two consecutive regularly
150-16 scheduled council meetings that the member is eligible to attend.
150-17 (f) A representative designated by the executive head of a
150-18 state agency must be an officer or employee of the agency when
150-19 designated and while serving on the council, except the
150-20 representative designated by the director of the Criminal Justice
150-21 Policy Council must be an employee of that council.
150-22 (g) Members who are not associated with a state agency or
150-23 division <(e) At-large members of the council and members
150-24 representing associations> must have expertise in the
150-25 rehabilitation of persons with mental illness, mental retardation,
150-26 or a developmental disability when appointed or designated and
150-27 while serving on the council.
151-1 Sec. 614.005. OFFICERS; MEETINGS. (a) The council shall
151-2 elect a presiding officer <chairman> from its members at the first
151-3 meeting of each calendar year.
151-4 (b) The council shall meet at least four times each year and
151-5 may meet at other times at the call of the presiding officer
151-6 <chairman> or as provided by council rule.
151-7 Sec. 614.007. POWERS AND DUTIES. The council shall:
151-8 (1) determine the status of offenders with mental
151-9 impairments in the state criminal justice system;
151-10 (2) identify needed services for offenders with mental
151-11 impairments;
151-12 (3) develop a plan for meeting the treatment,
151-13 rehabilitative, and educational needs of offenders with mental
151-14 impairments that includes a case management system and the
151-15 development of community-based alternatives to incarceration;
151-16 (4) cooperate in coordinating procedures of
151-17 represented agencies for the orderly provision of services for
151-18 offenders with mental impairments;
151-19 (5) evaluate programs in this state and outside this
151-20 state for offenders with mental impairments and recommend to the
151-21 directors of state programs methods of improving the programs;
151-22 (6) collect and disseminate information about
151-23 available programs to judicial officers, law enforcement officers,
151-24 probation and parole officers, providers of social services or
151-25 treatment, and the public;
151-26 (7) provide technical assistance to represented
151-27 agencies and organizations in the development of appropriate
152-1 training programs;
152-2 (8) apply for and receive money made available by the
152-3 federal or state government or by any other public or private
152-4 source to be used by the council to perform its duties;
152-5 (9) distribute to political subdivisions, private
152-6 organizations, or other persons money appropriated by the
152-7 legislature to be used for the development, operation, or
152-8 evaluation of programs for offenders with mental impairments;
152-9 (10) develop and implement pilot projects to
152-10 demonstrate a cooperative program to identify, evaluate, and manage
152-11 outside of incarceration offenders with mental impairments who do
152-12 not have an instant offense that is an offense described in Section
152-13 3g, Article 42.12, Code of Criminal Procedure; and
152-14 (11) assess the need for demonstration projects and
152-15 provide management for approved projects.
152-16 Sec. 614.008. PILOT PROGRAM. (a) The council shall
152-17 establish a pilot program in a county selected by the council to
152-18 implement a cooperative community-based alternative system to
152-19 divert <nonviolent mentally or emotionally impaired offenders> from
152-20 the state criminal justice system offenders with mental impairments
152-21 who do not have an instant offense that is an offense described in
152-22 Section 3g, Article 42.12, Code of Criminal Procedure, and to
152-23 rehabilitate those offenders.
152-24 (b) The program must conform to the report and
152-25 recommendations made by the Texas Department of Mental Health and
152-26 Mental Retardation and the Texas Department of Corrections to the
152-27 70th Legislature as directed by S.C.R. No. 128, 69th Legislature,
153-1 Regular Session, 1985.
153-2 (c) The council may contract for or employ and train a case
153-3 management team to carry out the purposes of the program and to
153-4 coordinate the joint efforts of agencies represented on the
153-5 council.
153-6 (d) The agencies represented on the council shall perform
153-7 duties and offer services as required by the council to further the
153-8 purposes of the pilot program and the council.
153-9 (b) Section 614.010, Health and Safety Code, is repealed.
153-10 SECTION 6.54. The following provisions of the Acts of the
153-11 72nd Legislature, Regular Session, 1991, are repealed:
153-12 (1) Chapter 248;
153-13 (2) Chapter 379;
153-14 (3) Chapter 566;
153-15 (4) Sections 1-7, Chapter 567;
153-16 (5) Chapter 569;
153-17 (6) Chapter 596;
153-18 (7) Section 24, Chapter 599;
153-19 (8) Chapter 619; and
153-20 (9) Section 6, Chapter 627.
153-21 ARTICLE 7. CHANGES RELATING TO HUMAN RESOURCES CODE
153-22 SECTION 7.01. (a) Title 9, Human Resources Code, is amended
153-23 to codify Section 5.04, Chapter 15, Acts of the 72nd Legislature,
153-24 1st Called Session, 1991 (Article 4413(701), Revised Statutes), by
153-25 adding Chapter 131 to read as follows:
153-26 CHAPTER 131. HEALTH AND HUMAN SERVICES TRANSPORTATION
153-27 AND PLANNING OFFICE
154-1 Sec. 131.001. OFFICE. The Health and Human Services
154-2 Transportation and Planning Office is in the governor's office.
154-3 Sec. 131.002. POWERS AND DUTIES. The office shall:
154-4 (1) collect data on health and human services client
154-5 transportation needs, services, and expenditures;
154-6 (2) create a statewide coordination plan regarding a
154-7 system of transportation for clients of health and human services
154-8 agencies, including the designation of local transportation
154-9 coordinators;
154-10 (3) establish standards of reporting and accounting
154-11 methods for all agencies providing health and human services client
154-12 transportation;
154-13 (4) maximize federal funds for client transportation
154-14 through the use of available state funds for matching purposes and
154-15 the possible use of oil overcharge money and planning funds
154-16 available through the federal department of transportation;
154-17 (5) evaluate the effectiveness of pooling client
154-18 transportation resources for capital acquisition and the joint
154-19 purchase of liability insurance;
154-20 (6) assist state agencies in coordinating
154-21 transportation resources;
154-22 (7) ensure coordination between the office and the
154-23 Texas Department of Transportation with regard to the use of funds
154-24 received by the department under 49 U.S.C. Section 1612(b)(1);
154-25 (8) examine the feasibility of consolidating all
154-26 funding for health and human services client transportation and
154-27 creating a transportation system through which clients of a state
155-1 or local agency or program could be matched with the most
155-2 cost-effective and appropriate transportation services for their
155-3 needs; and
155-4 (9) evaluate the use of existing computer software for
155-5 use at the local level in client transportation services.
155-6 Sec. 131.003. OFFICE STAFF. The governor shall employ staff
155-7 needed to carry out the duties of the office.
155-8 (b) Article 4413(701), Revised Statutes, is repealed.
155-9 ARTICLE 8. CHANGES RELATING TO LOCAL GOVERNMENT CODE
155-10 SECTION 8.01. (a) Subtitle B, Title 7, Local Government
155-11 Code, is amended to codify Section 1, Chapter 881, Acts of the 72nd
155-12 Legislature, Regular Session, 1991 (Article 2372dd-2, Revised
155-13 Statutes), by adding Chapter 238 to read as follows:
155-14 CHAPTER 238. COUNTY REGULATION OF CERTAIN OUTDOOR BUSINESSES
155-15 Sec. 238.001. DEFINITIONS. In this chapter:
155-16 (1) "Automotive wrecking and salvage yard" means a
155-17 business that stores three or more wrecked vehicles outdoors for
155-18 the purpose of dismantling or otherwise wrecking the vehicles to
155-19 remove parts for sale or for use in an automotive repair or
155-20 rebuilding business.
155-21 (2) "Demolition business" means a business that
155-22 demolishes structures, including houses and other buildings, in
155-23 order to salvage building materials and that stores those materials
155-24 before disposing of them.
155-25 (3) "Flea market" means an outdoor market for selling
155-26 secondhand articles or antiques.
155-27 (4) "Junkyard" means a business that stores, buys, or
156-1 sells materials that have been discarded or sold at a nominal price
156-2 by a previous owner and that keeps all or part of the materials
156-3 outdoors until disposing of them.
156-4 (5) "Outdoor resale business" means a business that
156-5 sells used merchandise, other than automobiles, logging equipment,
156-6 or other agricultural equipment, and stores or displays the
156-7 merchandise outdoors.
156-8 (6) "Recycling business" means a business that is
156-9 primarily engaged in:
156-10 (A) converting ferrous or nonferrous metals or
156-11 other materials into raw material products having prepared grades
156-12 and having an existing or potential economic value;
156-13 (B) using raw material products of that kind in
156-14 the production of new products; or
156-15 (C) obtaining or storing ferrous or nonferrous
156-16 metals or other materials for a purpose described by Paragraph (A)
156-17 or (B).
156-18 Sec. 238.002. AUTHORITY TO REGULATE; ADOPTION OF RULE. (a)
156-19 The commissioners court of a county by order may establish visual
156-20 aesthetic standards for automotive wrecking and salvage yards,
156-21 junkyards, recycling businesses, flea markets, demolition
156-22 businesses, and outdoor resale businesses in the unincorporated
156-23 area of the county.
156-24 (b) The commissioners court may not include in an order
156-25 adopted under this section a screening requirement for an
156-26 automotive wrecking and salvage yard or a junkyard that is less
156-27 restrictive than the screening requirement under Chapter 953, Acts
157-1 of the 70th Legislature, Regular Session, 1987 (Article 2372dd-1,
157-2 Vernon's Texas Civil Statutes).
157-3 (c) An order adopted under this section must provide a
157-4 reasonable period of time not to exceed 12 months for a business
157-5 operating on the effective date of the order to comply with the
157-6 visual aesthetic standards.
157-7 Sec. 238.003. EXCEPTIONS. (a) A commissioners court may
157-8 not regulate under this chapter farm machinery owned or operated by
157-9 the person on whose property the machinery is located and kept on
157-10 that property for purposes other than sale.
157-11 (b) A business subject to a screening requirement under
157-12 Chapter 886, Acts of the 68th Legislature, Regular Session, 1983
157-13 (Article 2372dd, Vernon's Texas Civil Statutes), Chapter 953, Acts
157-14 of the 70th Legislature, Regular Session, 1987 (Article 2372dd-1,
157-15 Vernon's Texas Civil Statutes), or Section 4.08, Chapter 741, Acts
157-16 of the 67th Legislature, Regular Session, 1981 (Article 4477-9a,
157-17 Vernon's Texas Civil Statutes), that was in compliance with that
157-18 screening requirement on August 26, 1991, is exempt from a
157-19 screening requirement adopted under this chapter.
157-20 Sec. 238.004. CIVIL PENALTY. (a) The appropriate attorney
157-21 representing the county in civil cases may file a civil action to
157-22 recover a civil penalty from a business that violates a visual
157-23 aesthetic standard established under this chapter. The penalty
157-24 may not exceed $50 each day for the first 10 days of the violation,
157-25 $100 each day for the next 10 days, $250 each day for the next 10
157-26 days, and $1,000 for each day thereafter. In determining the
157-27 amount of the penalty, the court shall consider the seriousness of
158-1 the violation.
158-2 (b) A penalty recovered under this section shall be
158-3 deposited in the general fund of the county.
158-4 (b) Article 2372dd-2, Revised Statutes, is repealed.
158-5 SECTION 8.02. Section 332.004(c), Local Government Code, as
158-6 added by Chapter 807, Acts of the 72nd Legislature, Regular
158-7 Session, 1991, is renumbered as Section 445.022, Local Government
158-8 Code, to relocate that law to a more appropriate chapter of the
158-9 Local Government Code.
158-10 ARTICLE 9. REPEALER
158-11 SECTION 9.01. Section 9, Chapter 114, Acts of the 69th
158-12 Legislature, Regular Session, 1985 (Article 326k-89, Vernon's Texas
158-13 Civil Statutes), is repealed as duplicative of Section 46.005,
158-14 Government Code, which applies to the Anderson County criminal
158-15 district attorney.
158-16 SECTION 9.02. Chapter 1, page 328, General Laws, Acts of the
158-17 46th Legislature, 1939 (Article 3923a, Vernon's Texas Civil
158-18 Statutes), is repealed as impliedly repealed by subsequent
158-19 amendments to former Article 3923, Revised Statutes, codified as
158-20 Section 51.005, Government Code.
158-21 ARTICLE 10. RENUMBERING
158-22 SECTION 10.01. The following provisions of enacted codes are
158-23 renumbered or relettered and appropriate cross-references are
158-24 changed in order to eliminate duplicate citations or to relocate
158-25 misplaced provisions:
158-26 (1) Subsection (c), Section 11, Article 42.12, Code of
158-27 Criminal Procedure, as added by Section 1, Chapter 285, Acts of the
159-1 72nd Legislature, Regular Session, 1991, is relettered as
159-2 Subsection (d), Section 11, Article 42.12, Code of Criminal
159-3 Procedure.
159-4 (2) Section 2.09a, Education Code, is renumbered as
159-5 Section 2.091, Education Code.
159-6 (3) Subchapter N, Chapter 51, Education Code, as added
159-7 by Chapter 772, Acts of the 70th Legislature, Regular Session,
159-8 1987, is relettered as Subchapter O, Chapter 51, Education Code.
159-9 (4) Subchapter N, Chapter 51, Education Code, as added
159-10 by Chapter 44, Acts of the 70th Legislature, Regular Session, 1987,
159-11 is relettered as Subchapter P, Chapter 51, Education Code.
159-12 (5) Subchapter O, Chapter 51, Education Code, as added
159-13 by Chapter 1084, Acts of the 71st Legislature, Regular Session,
159-14 1989, is relettered as Subchapter Q, Chapter 51, Education Code.
159-15 (6) Subsection (i), Section 53.009, Government Code,
159-16 as added by Section 5, Chapter 819, Acts of the 72nd Legislature,
159-17 Regular Session, 1991, is relettered as Subsection (j), Section
159-18 53.009, Government Code.
159-19 (7) Subchapter L, Chapter 403, Government Code, as
159-20 added by Section 3.061(a), Chapter 5, Acts of the 72nd Legislature,
159-21 1st Called Session, 1991, is relettered as Subchapter M, Chapter
159-22 403, Government Code.
159-23 (8) Section 825.507, Government Code, as added by
159-24 Section 29, Chapter 13, Acts of the 72nd Legislature, 1st Called
159-25 Session, 1991, is renumbered as Section 825.508, Government Code.
159-26 (9) Subchapter I, Chapter 161, Health and Safety Code,
159-27 as added by Chapter 695, Acts of the 72nd Legislature, Regular
160-1 Session, 1991, is relettered as Subchapter J, Chapter 161, Health
160-2 and Safety Code.
160-3 (10) Section 91.110, Natural Resources Code, as added
160-4 by Section 13, Chapter 603, Acts of the 72nd Legislature, Regular
160-5 Session, 1991, is renumbered as Section 91.114, Natural Resources
160-6 Code.
160-7 (11) Subchapter L, Chapter 43, Parks and Wildlife
160-8 Code, as added by Chapter 640, Acts of the 69th Legislature,
160-9 Regular Session, 1985, is relettered as Subchapter M, Chapter 43,
160-10 Parks and Wildlife Code.
160-11 (12) Subchapter M, Chapter 43, Parks and Wildlife
160-12 Code, is relettered as Subchapter N, Chapter 43, Parks and Wildlife
160-13 Code.
160-14 (13) Subchapter N, Chapter 43, Parks and Wildlife
160-15 Code, as added by Chapter 883, Acts of the 72nd Legislature,
160-16 Regular Session, 1991, is relettered as Subchapter O, Chapter 43,
160-17 Parks and Wildlife Code.
160-18 (14) Subchapter N, Chapter 43, Parks and Wildlife
160-19 Code, as added by Chapter 586, Acts of the 72nd Legislature,
160-20 Regular Session, 1991, is relettered as Subchapter P, Chapter 43,
160-21 Parks and Wildlife Code.
160-22 SECTION 10.02. If the number, letter, or designation
160-23 assigned by this article conflicts with a number, letter, or
160-24 designation assigned by another Act of the 73rd Legislature, the
160-25 other Act controls, and the number, letter, or designation assigned
160-26 by this article has no effect.
160-27 ARTICLE 11. EMERGENCY
161-1 SECTION 11.01. The importance of this legislation and the
161-2 crowded condition of the calendars in both houses create an
161-3 emergency and an imperative public necessity that the
161-4 constitutional rule requiring bills to be read on three several
161-5 days in each house be suspended, and this rule is hereby suspended.