1-1 By: Stiles (Senate Sponsor - Ratliff) H.B. No. 947
1-2 (In the Senate - Received from the House March 22, 1993;
1-3 March 23, 1993, read first time and referred to Committee on
1-4 Administration; April 7, 1993, reported favorably by the following
1-5 vote: Yeas 4, Nays 0; April 7, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Haley x
1-9 Moncrief x
1-10 Ellis x
1-11 Montford x
1-12 Shapiro x
1-13 Truan x
1-14 Turner x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to nonsubstantive additions to and corrections in enacted
1-18 codes, including the nonsubstantive codification of various laws
1-19 omitted from enacted codes, and to conforming codifications enacted
1-20 by the 72nd Legislature to other Acts of that legislature.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 ARTICLE 1. GENERAL PROVISIONS
1-23 SECTION 1.01. This Act is enacted as part of the state's
1-24 continuing statutory revision program under Chapter 323, Government
1-25 Code. This Act is a revision for purposes of Article III, Section
1-26 43, of the Texas Constitution and has the purposes of:
1-27 (1) codifying without substantive change various
1-28 statutes that were omitted from enacted codes;
1-29 (2) conforming codifications enacted by the 72nd
1-30 Legislature to other Acts of that legislature that amended the laws
1-31 codified or added new law to subject matter codified;
1-32 (3) making necessary corrections to enacted
1-33 codifications; and
1-34 (4) renumbering titles, chapters, and sections of
1-35 codes that duplicate title, chapter, or section numbers.
1-36 SECTION 1.02. (a) The repeal of a statute by this Act does
1-37 not affect an amendment, revision, or reenactment of the statute by
1-38 the 73rd Legislature, Regular Session, 1993. The amendment,
1-39 revision, or reenactment is preserved and given effect as part of
1-40 the code provision that revised the statute so amended, revised, or
1-41 reenacted.
1-42 (b) If any provision of this Act conflicts with a statute
1-43 enacted by the 73rd Legislature, Regular Session, 1993, the statute
1-44 controls.
1-45 SECTION 1.03. (a) A transition or savings provision of a
1-46 law codified by this Act applies to the codified law to the same
1-47 extent as it applied to the original law.
1-48 (b) The repeal of a transition or savings provision by this
1-49 Act does not affect the application of the provision to the
1-50 codified law.
1-51 (c) In this section, "transition provision" includes any
1-52 temporary provision providing for a special situation in the
1-53 transition period between the existing law and the establishment or
1-54 implementation of the new law.
1-55 ARTICLE 2. CHANGES RELATING TO EDUCATION CODE
1-56 SECTION 2.01. Section 67.26, Education Code, is amended to
1-57 read as follows:
1-58 Sec. 67.26. UNIVERSITY INTERSCHOLASTIC LEAGUE; VENUE FOR
1-59 SUITS. Venue for suits brought against the University
1-60 Interscholastic League or for suits involving the interpretation or
1-61 enforcement of the rules or regulations of the University
1-62 Interscholastic League shall be in Travis County, Texas. When the
1-63 litigation involves a school district located within Travis County,
1-64 it shall be heard by a visiting judge.
1-65 SECTION 2.02. Section 70.06, Education Code, is repealed
1-66 because:
1-67 (1) Subsection (a) of Section 70.06 conflicts with
1-68 Section 70.08, Education Code, a later enactment;
2-1 (2) Subsection (b) of Section 70.06 is expired; and
2-2 (3) Subsection (c) of Section 70.06 is duplicative of
2-3 authority granted in Section 70.03, Education Code, to grant
2-4 graduate degrees.
2-5 ARTICLE 3. CHANGES RELATING TO TEXAS ETHICS COMMISSION--ELECTION
2-6 CODE AND GOVERNMENT CODE
2-7 SECTION 3.01. Section 251.006(b), Election Code, is amended
2-8 to conform to Section 1.39(b), Chapter 304, Acts of the 72nd
2-9 Legislature, Regular Session, 1991, to correct a reference to read
2-10 as follows:
2-11 (b) A candidate for an elective office of the federal
2-12 government shall file with the commission <secretary of state> a
2-13 copy of each document relating to his candidacy that is required to
2-14 be filed under federal law. The document shall be filed within the
2-15 same period in which it is required to be filed under the federal
2-16 law.
2-17 SECTION 3.02. The heading to Subchapter B, Chapter 251,
2-18 Election Code, is amended to conform to Section 1.39(b), Chapter
2-19 304, Acts of the 72nd Legislature, Regular Session, 1991, to
2-20 correct a reference to read as follows:
2-21 SUBCHAPTER B. DUTIES OF THE COMMISSION
2-22 <SECRETARY OF STATE>
2-23 SECTION 3.03. Section 251.032, Election Code, is amended to
2-24 conform to Section 1.39(b), Chapter 304, Acts of the 72nd
2-25 Legislature, Regular Session, 1991, to correct a reference to read
2-26 as follows:
2-27 Sec. 251.032. Forms. In addition to furnishing samples of
2-28 the appropriate forms to the authorities having administrative
2-29 duties under this title, the commission <secretary of state> shall
2-30 furnish the forms to each political party's state executive
2-31 committee and county chairman of each county executive committee.
2-32 SECTION 3.04. Section 251.033, Election Code, is amended to
2-33 conform to Section 1.39(b), Chapter 304, Acts of the 72nd
2-34 Legislature, Regular Session, 1991, to correct a reference to read
2-35 as follows:
2-36 Sec. 251.033. Notification Of Deadline For Filing Reports.
2-37 (a) The commission <secretary of state> shall notify each person
2-38 responsible for filing a report with the commission <secretary>
2-39 under Subchapters C through F, Chapter 254, of the deadline for
2-40 filing a report, except that notice of the deadline is not required
2-41 for a political committee involved in an election other than a
2-42 primary election or the general election for state and county
2-43 officers.
2-44 (b) If the commission <secretary of state> is unable to
2-45 notify a person of a deadline after two attempts, the commission
2-46 <secretary> is not required to make any further attempts to notify
2-47 the person of that deadline or any future deadlines until the
2-48 person has notified the commission <secretary of state> of the
2-49 person's current address.
2-50 SECTION 3.05. Section 252.002(b), Election Code, is amended
2-51 to conform to Section 1.39(b), Chapter 304, Acts of the 72nd
2-52 Legislature, Regular Session, 1991, to correct a reference to read
2-53 as follows:
2-54 (b) A political committee that files its campaign treasurer
2-55 appointment with the commission <secretary of state> must notify
2-56 the commission <secretary> in writing of any change in the campaign
2-57 treasurer's address not later than the 10th day after the date on
2-58 which the change occurs.
2-59 SECTION 3.06. Sections 252.003(b) and (c), Election Code,
2-60 are amended to conform to Section 1.39(b), Chapter 304, Acts of the
2-61 72nd Legislature, Regular Session, 1991, to correct a reference to
2-62 read as follows:
2-63 (b) If any of the information required to be included in a
2-64 general-purpose committee's appointment changes, excluding changes
2-65 reported under Section 252.002(b), the committee shall file an
2-66 amended appointment with the commission <secretary of state> not
2-67 later than the 30th day after the date the change occurs.
2-68 (c) The name of a general-purpose committee may not be the
2-69 same as or deceptively similar to the name of any other
2-70 general-purpose committee whose campaign treasurer appointment is
3-1 filed with the commission <secretary of state>. The commission
3-2 <secretary> shall determine whether the name of a general-purpose
3-3 political committee is in violation of this prohibition and shall
3-4 immediately notify the campaign treasurer of the offending
3-5 political committee of that determination. The campaign treasurer
3-6 of the political committee must file a name change with the
3-7 commission <secretary> not later than the 14th day after the date
3-8 of notification. A campaign treasurer who fails to file a name
3-9 change as provided by this subsection or a political committee that
3-10 continues to use a prohibited name after its campaign treasurer has
3-11 been notified by the commission <secretary> commits an offense. An
3-12 offense under this subsection is a Class B misdemeanor.
3-13 SECTION 3.07. Section 252.005, Election Code, is amended to
3-14 conform to Section 1.39(b), Chapter 304, Acts of the 72nd
3-15 Legislature, Regular Session, 1991, to correct a reference to read
3-16 as follows:
3-17 Sec. 252.005. Authority with whom Appointment Filed:
3-18 Candidate. An individual must file a campaign treasurer
3-19 appointment for the individual's own candidacy with:
3-20 (1) the commission <secretary of state>, if the
3-21 appointment is made for candidacy for:
3-22 (A) a statewide office;
3-23 (B) a district office filled by voters of more
3-24 than one county;
3-25 (C) state senator;
3-26 (D) state representative; or
3-27 (E) the State Board of Education;
3-28 (2) the county clerk, if the appointment is made for
3-29 candidacy for a county office, a precinct office, or a district
3-30 office other than one included in Subdivision (1);
3-31 (3) the clerk or secretary of the governing body of
3-32 the political subdivision or, if the political subdivision has no
3-33 clerk or secretary, with the governing body's presiding officer, if
3-34 the appointment is made for candidacy for an office of a political
3-35 subdivision other than a county;
3-36 (4) the county clerk if:
3-37 (A) the appointment is made for candidacy for an
3-38 office of a political subdivision other than a county;
3-39 (B) the governing body for the political
3-40 subdivision has not been formed; and
3-41 (C) no boundary of the political subdivision
3-42 crosses a boundary of the county; or
3-43 (5) the commission <secretary of state> if:
3-44 (A) the appointment is made for candidacy for an
3-45 office of a political subdivision other than a county;
3-46 (B) the governing body for the political
3-47 subdivision has not been formed; and
3-48 (C) the political subdivision is situated in
3-49 more than one county.
3-50 SECTION 3.08. Section 252.007, Election Code, is amended to
3-51 conform to Section 1.39(b), Chapter 304, Acts of the 72nd
3-52 Legislature, Regular Session, 1991, to correct a reference to read
3-53 as follows:
3-54 Sec. 252.007. Authority With Whom Appointment Filed:
3-55 Specific-Purpose Committee For Supporting Or Opposing Measure. A
3-56 specific-purpose committee for supporting or opposing a measure
3-57 must file its campaign treasurer appointment with:
3-58 (1) the commission <secretary of state>, if the
3-59 measure is to be submitted to voters of the entire state;
3-60 (2) the county clerk, if the measure is to be
3-61 submitted to voters of a single county in an election ordered by a
3-62 county authority;
3-63 (3) the secretary of the governing body of the
3-64 political subdivision or, if the political subdivision has no
3-65 secretary, with the governing body's presiding officer, if the
3-66 measure is to be submitted at an election ordered by an authority
3-67 of a political subdivision other than a county;
3-68 (4) the county clerk if:
3-69 (A) the measure concerns a political subdivision
3-70 other than a county;
4-1 (B) the governing body for the political
4-2 subdivision has not been formed; and
4-3 (C) no boundary of the political subdivision
4-4 crosses a boundary of a county; or
4-5 (5) the commission <secretary of state> if:
4-6 (A) the measure concerns a political subdivision
4-7 other than a county;
4-8 (B) the governing body for the political
4-9 subdivision has not been formed; and
4-10 (C) the political subdivision is situated in
4-11 more than one county.
4-12 SECTION 3.09. Section 252.008, Election Code, is amended to
4-13 conform to Section 1.39(b), Chapter 304, Acts of the 72nd
4-14 Legislature, Regular Session, 1991, to correct a reference to read
4-15 as follows:
4-16 Sec. 252.008. Multiple Filings By Specific-Purpose Committee
4-17 Not Required. If under this chapter a specific-purpose committee
4-18 is required to file its campaign treasurer appointment with more
4-19 than one authority, the appointment need only be filed with the
4-20 commission <secretary of state> and, if so filed, need not be filed
4-21 with the other authorities.
4-22 SECTION 3.10. Section 252.009, Election Code, is amended to
4-23 conform to Section 1.39(b), Chapter 304, Acts of the 72nd
4-24 Legislature, Regular Session, 1991, to correct a reference to read
4-25 as follows:
4-26 Sec. 252.009. Authority with Whom Appointment Filed:
4-27 General-Purpose Committee. A general-purpose committee must file
4-28 its campaign treasurer appointment with the commission <secretary
4-29 of state>.
4-30 SECTION 3.11. Section 252.012(c), Election Code, is amended
4-31 to conform to Section 1.39(b), Chapter 304, Acts of the 72nd
4-32 Legislature, Regular Session, 1991, to correct a reference to read
4-33 as follows:
4-34 (c) If the campaign treasurer of a specific-purpose
4-35 political committee required to file its campaign treasurer
4-36 appointment with the commission <secretary of state> or of a
4-37 general-purpose political committee is removed by the committee,
4-38 the departing campaign treasurer shall immediately file written
4-39 notification of the termination of appointment with the commission
4-40 <secretary of state>.
4-41 SECTION 3.12. Section 252.013(c), Election Code, is amended
4-42 to conform to Section 1.39(b), Chapter 304, Acts of the 72nd
4-43 Legislature, Regular Session, 1991, to correct a reference to read
4-44 as follows:
4-45 (c) If the campaign treasurer of a specific-purpose
4-46 political committee required to file its campaign treasurer
4-47 appointment with the commission <secretary of state> or of a
4-48 general-purpose political committee resigns or otherwise vacates
4-49 the position, the campaign treasurer shall immediately file written
4-50 notification of the vacancy with the commission <secretary of
4-51 state>.
4-52 SECTION 3.13. Section 252.015(a), Election Code, is amended
4-53 to conform to Section 1.39(b), Chapter 304, Acts of the 72nd
4-54 Legislature, Regular Session, 1991, to correct a reference to read
4-55 as follows:
4-56 (a) Each specific-purpose committee for supporting or
4-57 opposing a candidate for an office specified by Section 252.005(1)
4-58 or a statewide or district measure and each general-purpose
4-59 committee may appoint an assistant campaign treasurer by written
4-60 appointment filed with the commission <secretary of state>.
4-61 SECTION 3.14. Section 254.038(c), Election Code, is amended
4-62 to conform to Section 1.39(b), Chapter 304, Acts of the 72nd
4-63 Legislature, Regular Session, 1991, to correct a reference to read
4-64 as follows:
4-65 (c) A report under this section shall be filed by telegram
4-66 or telephonic facsimile machine or by hand with the commission
4-67 <secretary of state> not later than 48 hours after the contribution
4-68 is accepted.
4-69 SECTION 3.15. Section 254.039(a), Election Code, is amended
4-70 to conform to Section 1.39(b), Chapter 304, Acts of the 72nd
5-1 Legislature, Regular Session, 1991, to correct a reference to read
5-2 as follows:
5-3 (a) In addition to other reports required by this chapter, a
5-4 general-purpose committee that makes direct campaign expenditures
5-5 supporting or opposing either a single candidate that in the
5-6 aggregate exceed $1,000 or a group of candidates that in the
5-7 aggregate exceed $15,000 during the period beginning the ninth day
5-8 before election day and ending at 12 noon on the second day before
5-9 election day shall file a report by telegram or telephonic
5-10 facsimile machine or by hand with the commission <secretary of
5-11 state> not later than 48 hours after the expenditure is made.
5-12 SECTION 3.16. Section 254.042(a), Election Code, is amended
5-13 to conform to Section 1.39(b), Chapter 304, Acts of the 72nd
5-14 Legislature, Regular Session, 1991, to correct a reference to read
5-15 as follows:
5-16 (a) The commission <secretary of state> shall determine from
5-17 any available evidence whether a report, other than a telegram
5-18 report under Section 254.038 or 254.039, required to be filed with
5-19 the commission <secretary> under this chapter is late. On making
5-20 that determination, the commission <secretary> shall immediately
5-21 mail a notice of the determination to the person required to file
5-22 the report.
5-23 SECTION 3.17. Section 254.095, Election Code, is amended to
5-24 conform to Section 1.39(b), Chapter 304, Acts of the 72nd
5-25 Legislature, Regular Session, 1991, to correct a reference to read
5-26 as follows:
5-27 Sec. 254.095. REPORT NOT REQUIRED. If at the end of any
5-28 reporting period prescribed by this subchapter an officeholder who
5-29 is required to file a report with an authority other than the
5-30 commission <secretary of state> has not accepted political
5-31 contributions that in the aggregate exceed $500 or made political
5-32 expenditures that in the aggregate exceed $500, the officeholder is
5-33 not required to file a report covering that period.
5-34 SECTION 3.18. Section 254.155(b), Election Code, is amended
5-35 to conform to Section 1.39(b), Chapter 304, Acts of the 72nd
5-36 Legislature, Regular Session, 1991, to correct a reference to read
5-37 as follows:
5-38 (b) To be entitled to file monthly reports, the committee
5-39 must deliver written notice of the committee's intent to file
5-40 monthly to the commission <secretary of state> not earlier than
5-41 January 1 or later than January 15 of the year in which the
5-42 committee intends to file monthly. The notice for a committee
5-43 formed after January 15 must be delivered at the time the
5-44 committee's campaign treasurer appointment is filed.
5-45 SECTION 3.19. Section 254.162, Election Code, is amended to
5-46 conform to Section 1.39(b), Chapter 304, Acts of the 72nd
5-47 Legislature, Regular Session, 1991, to correct a reference to read
5-48 as follows:
5-49 Sec. 254.162. NOTICE OF CHANGE IN COMMITTEE STATUS. If a
5-50 general-purpose committee changes its operation and becomes a
5-51 specific-purpose committee, notice of the change in status shall be
5-52 given to the commission <secretary of state> as provided by Section
5-53 254.129 for a specific-purpose committee.
5-54 SECTION 3.20. Section 254.163, Election Code, is amended to
5-55 conform to Section 1.39(b), Chapter 304, Acts of the 72nd
5-56 Legislature, Regular Session, 1991, to correct a reference to read
5-57 as follows:
5-58 Sec. 254.163. AUTHORITY WITH WHOM REPORTS FILED. Reports
5-59 filed under this subchapter shall be filed with the commission
5-60 <secretary of state>.
5-61 SECTION 3.21. Sections 302.013(a) and (d), Government Code,
5-62 are amended to conform to Section 1.39(b), Chapter 304, Acts of the
5-63 72nd Legislature, Regular Session, 1991, to correct a reference to
5-64 read as follows:
5-65 (a) Each speaker candidate shall file a sworn statement with
5-66 the Texas Ethics Commission <secretary of state> listing the
5-67 information required by Section 302.014.
5-68 (d) Each speaker candidate shall file the statement on an
5-69 official form designed by the Texas Ethics Commission <secretary of
5-70 state>.
6-1 SECTION 3.22. Section 302.015, Government Code, is amended
6-2 to conform to Section 1.39(b), Chapter 304, Acts of the 72nd
6-3 Legislature, Regular Session, 1991, to correct a reference to read
6-4 as follows:
6-5 Sec. 302.015. REQUISITES OF FILING. (a) Except as provided
6-6 by Subsection (b), a statement is considered to be filed in
6-7 compliance with this subchapter if the postmark shows that it was
6-8 sent to the Texas Ethics Commission <secretary of state> at its
6-9 <his> official post office address by registered or certified mail
6-10 from any point in this state before the filing deadline.
6-11 (b) A statement required to be filed on the day before a
6-12 regular or called session convenes must actually be delivered and
6-13 in the possession of the Texas Ethics Commission <secretary of
6-14 state> not later than 4 p.m. of that day.
6-15 SECTION 3.23. Section 305.008(a), Government Code, is
6-16 amended to conform to Section 1.39(b), Chapter 304, Acts of the
6-17 72nd Legislature, Regular Session, 1991, to correct a reference to
6-18 read as follows:
6-19 (a) A person who ceases to engage in activities requiring
6-20 registration under this chapter shall file a written, verified
6-21 statement with the commission <secretary> acknowledging the
6-22 termination of activities. The notice is effective immediately.
6-23 SECTION 3.24. Section 305.009(b), Government Code, is
6-24 amended to conform to Section 1.39(b), Chapter 304, Acts of the
6-25 72nd Legislature, Regular Session, 1991, to correct a reference to
6-26 read as follows:
6-27 (b) The commission <secretary> shall:
6-28 (1) design and provide appropriate forms, covering
6-29 only the items required to be disclosed under this chapter, to be
6-30 used for the registration and reporting of required information;
6-31 (2) maintain registrations and reports in a separate,
6-32 alphabetical file;
6-33 (3) remove registrations and reports from the files
6-34 after five years from the date of filing; and
6-35 (4) maintain a deputy available to receive
6-36 registrations and reports and make the registrations and reports
6-37 available to the public for inspection.
6-38 SECTION 3.25. Section 305.011(c), Government Code, is
6-39 amended to conform to Section 1.39(b), Chapter 304, Acts of the
6-40 72nd Legislature, Regular Session, 1991, to correct a reference to
6-41 read as follows:
6-42 (c) The commission shall send the lists prepared under this
6-43 section to each member of the legislature. During a regular
6-44 legislative session, the commission <secretary> shall send a
6-45 monthly update of the lists to each member of the legislature and
6-46 to any person required to file under Chapter 421, Acts of the 63rd
6-47 Legislature, Regular Session, 1973 (Article 6252-9b, Vernon's Texas
6-48 Civil Statutes), who requests one.
6-49 SECTION 3.26. Section 305.026(a), Government Code, is
6-50 amended to conform to Section 1.39(b), Chapter 304, Acts of the
6-51 72nd Legislature, Regular Session, 1991, to correct a reference to
6-52 read as follows:
6-53 (a) Public funds available to a political subdivision may
6-54 not be used to compensate or reimburse the expenses over $50 of any
6-55 person for the purpose of communicating directly with a member of
6-56 the legislative branch to influence legislation, unless the person
6-57 being compensated or reimbursed resides in the district of the
6-58 member with whom the person communicates or files a written
6-59 statement with the commission <secretary of state> that includes
6-60 the person's name, the amount of compensation or reimbursement, and
6-61 the name of the affected political subdivision.
6-62 SECTION 3.27. Section 305.033(c), Government Code, is
6-63 amended to conform to Section 1.39(b), Chapter 304, Acts of the
6-64 72nd Legislature, Regular Session, 1991, to correct a reference to
6-65 read as follows:
6-66 (c) If a registration or report is more than 30 days late,
6-67 the commission <secretary> shall issue a warning of liability by
6-68 registered mail to the person responsible for the filing. If the
6-69 penalty is not paid before the 10th day after the date on which the
6-70 warning is received, the person is liable for a penalty in an
7-1 amount determined by commission rule, but not to exceed $10,000.
7-2 SECTION 3.28. Section 305.034, Government Code, is amended
7-3 to conform to Section 1.39(b), Chapter 304, Acts of the 72nd
7-4 Legislature, Regular Session, 1991, to correct a reference to read
7-5 as follows:
7-6 Sec. 305.034. FAILURE TO FILE ALL REQUIRED FORMS. (a) The
7-7 commission <secretary> shall determine whether all persons
7-8 registered under this chapter have filed all required forms,
7-9 statements, and reports.
7-10 (b) Whenever the commission <secretary> determines that a
7-11 person has failed to file any required form, statement, or report
7-12 as required by this chapter, the commission <secretary> shall send
7-13 a written statement of this finding to the person involved. Notice
7-14 to the person involved must be sent by certified mail.
7-15 (c) If the person fails to file the form, statement, or
7-16 report as required by this chapter before the 21st day after the
7-17 date on which the notice was sent, the commission <secretary> shall
7-18 file a sworn complaint of the violation with the appropriate
7-19 prosecuting attorney.
7-20 ARTICLE 3A. CHANGES RELATING TO VOTER REGISTRATION
7-21 ELECTION CODE
7-22 SECTION 3A.01. (a) Sections 6(d)-(i), Chapter 173, Acts of
7-23 the 47th Legislature, Regular Session, 1941 (Article 6687b,
7-24 Vernon's Texas Civil Statutes), are transferred to Chapter 13,
7-25 Election Code, redesignated as Subchapter B-1, and amended to read
7-26 as follows:
7-27 SUBCHAPTER B-1. VOTER REGISTRATION ASSISTANCE
7-28 BY CERTAIN STATE AGENCIES
7-29 Sec. 13.051. DEPARTMENT OF PUBLIC SAFETY. (a) The
7-30 Department of Public Safety <(d) The Department> shall provide to
7-31 each person who applies in person at the department's
7-32 <Department's> offices for an original or renewal of a driver's
7-33 license, a personal identification card, or a duplicate or
7-34 corrected license or card an opportunity to complete a voter
7-35 registration application form.
7-36 (b) <(e)> The department <Department> shall prescribe and
7-37 use a form that combines the department's <Department's>
7-38 application form for a license or card with an officially
7-39 prescribed voter registration application form.
7-40 (c) <(f)> An appropriate department <Department> employee
7-41 shall routinely inform each applicant for a license or card of the
7-42 opportunity to complete a voter registration application form and
7-43 on request shall provide nonpartisan voter registration assistance
7-44 to an applicant or other interested person on the premises.
7-45 (d) <(g)> On receipt of a completed voter registration
7-46 application, the department <Department> employee shall note the
7-47 date of submission on the application and issue a receipt to the
7-48 applicant containing the applicant's name, the employee's name, the
7-49 location of the office, and the date of submission.
7-50 (e) <(h)> At the end of each day a department <Department>
7-51 office is regularly open for business, the manager of the office
7-52 shall deliver by mail all completed voter registration applications
7-53 to the voter registrar of the county in which the office is
7-54 located.
7-55 (f) <(i)> The date of submission of a completed voter
7-56 registration application to a department <Department> employee is
7-57 considered to be the date of submission to the voter registrar for
7-58 the purpose of determining the effective date of registration only.
7-59 (b) Chapter 173, Acts of the 47th Legislature, Regular
7-60 Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes), is
7-61 amended to conform to Subsection (a) of this section by adding
7-62 Section 14C to read as follows:
7-63 Sec. 14C. VOTER REGISTRATION. The department shall provide
7-64 nonpartisan voter registration assistance as provided by Subchapter
7-65 B-1, Chapter 13, Election Code.
7-66 SECTION 3A.02. Section 323.013, Government Code, is
7-67 transferred to Chapter 276, Election Code, and redesignated as
7-68 Section 276.008 to read as follows:
7-69 Sec. 276.008 <323.013>. <Election> Information Provided to
7-70 TEXAS LEGISLATIVE Council. (a) On the written request of the
8-1 Texas Legislative Council <council>, the secretary of state
8-2 <Secretary of State>, a county clerk or county elections
8-3 administrator, a city secretary, or a voter registrar shall provide
8-4 without charge to the council information or data maintained by the
8-5 appropriate officer relating to voter registration, election
8-6 returns for statewide, district, county, precinct, or city offices,
8-7 or county election precincts, including precinct maps.
8-8 (b) The appropriate officer shall provide the requested
8-9 information or data to the council as soon as practicable but not
8-10 later than the 30th day after the date <on which> the request is
8-11 received by that officer.
8-12 (c) The information or data shall be provided in a form
8-13 approved by the council.
8-14 SECTION 3A.03. Sections 141.031 and 252.0032, Election Code,
8-15 are amended to conform to Sections 1 and 2, Chapter 561, Acts of
8-16 the 72nd Legislature, Regular Session, 1991, to read as follows:
8-17 Sec. 141.031. General Requirements for Application. A
8-18 candidate's application for a place on the ballot that is required
8-19 by this code must:
8-20 (1) be in writing;
8-21 (2) be signed and sworn to by the candidate and
8-22 indicate the date that the candidate swears to the application;
8-23 (3) be timely filed with the appropriate authority;
8-24 and
8-25 (4) include:
8-26 (A) the candidate's name;
8-27 (B) the candidate's occupation;
8-28 (C) the office sought, including any place
8-29 number or other distinguishing number;
8-30 (D) an indication of whether the office sought
8-31 is to be filled for a full or unexpired term if the office sought
8-32 and another office to be voted on have the same title but do not
8-33 have place numbers or other distinguishing numbers;
8-34 (E) a statement that the candidate is a United
8-35 States citizen;
8-36 (F) a statement that the candidate has not been
8-37 determined mentally incompetent by a final judgment of a court;
8-38 (G) a statement that the candidate has not been
8-39 finally convicted of a felony from which the candidate has not been
8-40 pardoned or otherwise released from the resulting disabilities;
8-41 (H) the candidate's date of birth;
8-42 (I) the candidate's residence address or, if the
8-43 residence has no address, the address at which the candidate
8-44 receives mail and a concise description of the location of the
8-45 candidate's residence;
8-46 (J) the candidate's length of continuous
8-47 residence in the state and in the territory from which the office
8-48 sought is elected as of the date the candidate swears to the
8-49 application;
8-50 (K) the statement: "I, __________, of
8-51 __________ County, Texas, being a candidate for the office of
8-52 __________, swear that I will support and defend the constitution
8-53 and laws of the United States and of the State of Texas"; and
8-54 (L) a statement that the candidate is aware of
8-55 the nepotism law, Articles 5996a et seq., <through 5996g of the>
8-56 Revised Statutes.
8-57 Sec. 252.0032. Contents of Appointment by Candidate.
8-58 (a) In addition to the information required by Section 252.002, a
8-59 campaign treasurer appointment by a candidate must include a
8-60 statement, signed by the candidate, that the candidate is aware of
8-61 the nepotism law, Articles 5996a et seq., <through 5996g of the>
8-62 Revised Statutes.
8-63 (b) A campaign treasurer appointment that is filed in a
8-64 manner other than by use of an officially prescribed form is not
8-65 invalid because it fails to comply with Subsection (a).
8-66 ARTICLE 4. CHANGES RELATING TO GOVERNMENT CODE
8-67 SECTION 4.01. Section 26.052, Government Code, is amended to
8-68 correct a reference to read as follows:
8-69 Sec. 26.052. PROBATE AND MENTAL HEALTH CODE CASES. (a) In
8-70 a county in which the county court and any county court created by
9-1 statute have jurisdiction in both probate matters and proceedings
9-2 under Subtitle C, Title 7, Health and Safety Code <the Texas Mental
9-3 Health Code (Article 5547-1 et seq., Vernon's Texas Civil
9-4 Statutes)>, during each year for which a statement has been filed
9-5 as provided by Subsection (b), those cases and proceedings must be
9-6 filed in a county court created by statute with jurisdiction of
9-7 those cases and proceedings.
9-8 (b) A county judge may file, not later than January 15 of
9-9 each year, a statement with the county clerk electing not to hear
9-10 probate matters and proceedings under Subtitle C, Title 7, Health
9-11 and Safety Code <the Texas Mental Health Code (Article 5547-1 et
9-12 seq., Vernon's Texas Civil Statutes)>.
9-13 SECTION 4.02. Section 443.009(b), Government Code, is
9-14 amended to correct a reference to read as follows:
9-15 (b) The board and the employees of the board have no control
9-16 over the furniture, furnishings, and decorative objects in the
9-17 offices of the members of the legislature except as provided by
9-18 Section 443.017 <443.016> or as necessary to inventory or conserve
9-19 items of historical significance owned by the state.
9-20 SECTION 4.03. (a) The heading to Subtitle E, Title 4,
9-21 Government Code, is amended to read as follows:
9-22 SUBTITLE E. OTHER EXECUTIVE AGENCIES
9-23 AND PROGRAMS
9-24 (b) Subtitle E, Title 4, Government Code, is amended to
9-25 codify Section 2, Chapter 6, Acts of the 72nd Legislature, 1st
9-26 Called Session, 1991 (Article 179g, Vernon's Texas Civil Statutes),
9-27 by adding Chapter 466 to read as follows:
9-28 CHAPTER 466. STATE LOTTERY
9-29 SUBCHAPTER A. GENERAL PROVISIONS
9-30 Sec. 466.001. SHORT TITLE. This chapter may be cited as the
9-31 State Lottery Act.
9-32 Sec. 466.002. DEFINITIONS. In this chapter:
9-33 (1) "Director" means the director of the division.
9-34 (2) "Division" means the lottery division established
9-35 in the office of the comptroller under this chapter.
9-36 (3) "Lottery" means the procedures operated by the
9-37 state under this chapter through which prizes are awarded or
9-38 distributed by chance among persons who have paid, or
9-39 unconditionally agreed to pay, for a chance or other opportunity to
9-40 receive a prize.
9-41 (4) "Lottery game" includes a lottery activity.
9-42 (5) "Lottery operator" means a person selected under
9-43 Section 466.014(b) to operate a lottery.
9-44 (6) "Player" means a person who contributes any part
9-45 of the consideration for a ticket.
9-46 (7) "Sales agent" or "sales agency" means a person
9-47 licensed under this chapter to sell tickets.
9-48 (8) "Ticket" means any tangible evidence issued to
9-49 provide participation in a lottery game authorized by this chapter.
9-50 Sec. 466.003. APPLICATION OF SUNSET ACT. (a) The lottery
9-51 division is subject to Chapter 325 (Texas Sunset Act). Unless
9-52 continued in existence as provided by that chapter, the division is
9-53 abolished and this chapter expires September 1, 2003.
9-54 (b) A contract between the division and a lottery operator
9-55 under Section 466.014(b) must terminate on or before September 1,
9-56 2004.
9-57 Sec. 466.004. EXEMPTION FROM TAXATION. (a) A political
9-58 subdivision of this state may not impose:
9-59 (1) a tax on the sale of a ticket;
9-60 (2) a tax on the payment of a prize under this
9-61 chapter; or
9-62 (3) an ad valorem tax on tickets.
9-63 (b) The receipts from the sale, use, or other consumption of
9-64 a ticket are exempt from taxation under Chapter 151, Tax Code.
9-65 (Sections 466.005-466.010 reserved for expansion
9-66 SUBCHAPTER B. ADMINISTRATION
9-67 Sec. 466.011. Lottery Division; DIRECTOR. (a) A division
9-68 to administer a state lottery is created in the office of the
9-69 comptroller. The division is administered by the director.
9-70 (b) The comptroller shall appoint a person to serve as
10-1 director and chief executive officer of the division subject to the
10-2 comptroller's direction. The director holds office at the will of
10-3 the comptroller and is specifically exempted from the Position
10-4 Classification Act of 1961 (Article 6252-11, Vernon's Texas Civil
10-5 Statutes). The director is entitled to receive an annual salary in
10-6 an amount set by the comptroller. The director also is entitled to
10-7 reimbursement for expenses actually and necessarily incurred in the
10-8 performance of the director's duties.
10-9 (c) The director may create, abolish, transfer, and
10-10 consolidate bureaus and other units in the division that are not
10-11 expressly established by law as the director determines to be
10-12 necessary for the efficient operation of the division.
10-13 (d) The legislature intends that the division be a
10-14 self-supporting, revenue-raising agency of state government.
10-15 Except as provided by Section 466.355, no appropriation, loan, or
10-16 other transfer of state funds may be made to the division.
10-17 (e) Notwithstanding Subsection (d), the comptroller may
10-18 transfer to the division amounts appropriated to the comptroller
10-19 for purposes other than the administration of this chapter. If the
10-20 comptroller proposes to transfer amounts under this subsection, the
10-21 comptroller shall notify the Legislative Budget Board in writing of
10-22 the amount of the proposed transfer. The comptroller may not make
10-23 the proposed transfer unless the board approves it. If the board
10-24 does not approve or disapprove the proposed transfer before the
10-25 10th day after the date that the comptroller notifies the board of
10-26 the proposed transfer, the board is considered to have approved the
10-27 transfer. If the board disapproves the proposed transfer, the
10-28 comptroller may request the governor to make a proposal for the
10-29 transfer of an appropriation as provided by Chapter 317.
10-30 (f) The comptroller shall reimburse any amount of an
10-31 appropriation transferred under Subsection (e) to the account or
10-32 fund from which it was transferred. The reimbursement must:
10-33 (1) be made from funds received by the comptroller for
10-34 license fees and ticket sales under this chapter; and
10-35 (2) be made not later than the first anniversary of
10-36 the date of the transfer.
10-37 (g) The comptroller's authority to transfer funds to the
10-38 division under Subsection (e) expires September 1, 1993. This
10-39 subsection and Subsections (e) and (f) expire January 1, 1995.
10-40 Sec. 466.012. DIVISION EMPLOYEES. (a) Except as otherwise
10-41 provided by law, the director may appoint deputies, assistants,
10-42 other officers and employees, committees, and consultants and may
10-43 prescribe their powers and their expenses. Division employees
10-44 serve at the will of the director.
10-45 (b) The director may not employ any person who would be
10-46 denied a license as a sales agent under Section 466.155.
10-47 (c) Division employees are specifically exempted from the
10-48 Position Classification Act of 1961 (Article 6252-11, Vernon's
10-49 Texas Civil Statutes). The director shall set the salaries of
10-50 these employees.
10-51 Sec. 466.013. MARKETING REPRESENTATIVES. The director may
10-52 employ or contract with marketing representatives to promote the
10-53 sale of tickets, to encourage persons to apply to become sales
10-54 agents, or to investigate the qualifications of sales agent
10-55 applicants. The marketing representatives are exempted from the
10-56 Position Classification Act of 1961 (Article 6252-11, Vernon's
10-57 Texas Civil Statutes) and may be compensated based on a sales
10-58 incentive system to be established by the director.
10-59 Sec. 466.014. Powers and Duties of Comptroller, Director,
10-60 and Division. (a) The comptroller and director have broad
10-61 authority and shall exercise strict control and close supervision
10-62 over all lottery games conducted in this state to promote and
10-63 ensure integrity, security, honesty, and fairness in the operation
10-64 and administration of the lottery.
10-65 (b) The director may contract with or employ a person to
10-66 perform a function, activity, or service in connection with the
10-67 operation of the lottery as prescribed by the director. A person
10-68 with whom the director contracts to operate a lottery must be
10-69 eligible for a sales agent license under Section 466.155.
10-70 (c) The director may award a contract for lottery supplies
11-1 or services, including a contract under Subsection (b), pending the
11-2 completion of any investigation authorized by this chapter. A
11-3 contract awarded under this subsection must include a provision
11-4 permitting the director to terminate the contract without penalty
11-5 if the investigation reveals that the person to whom the contract
11-6 is awarded would not be eligible for a sales agent license under
11-7 Section 466.155. The director's authority to award a contract
11-8 under this subsection expires September 1, 1993. This subsection
11-9 expires January 1, 1995.
11-10 Sec. 466.015. RULES. (a) The comptroller shall adopt all
11-11 rules necessary to administer this chapter. The director may
11-12 propose rules to be adopted by the comptroller, but the director's
11-13 proposed rules have no effect until adopted by the comptroller.
11-14 (b) The comptroller shall adopt rules to the extent they are
11-15 not inconsistent with the open meetings law, Chapter 271, Acts of
11-16 the 60th Legislature, Regular Session, 1967 (Article 6252-17,
11-17 Vernon's Texas Civil Statutes), and the open records law, Chapter
11-18 424, Acts of the 63rd Legislature, Regular Session, 1973 (Article
11-19 6252-17a, Vernon's Texas Civil Statutes), governing the:
11-20 (1) security for the lottery and the division,
11-21 including the development of an internal security plan;
11-22 (2) apportionment of the total revenues from the sale
11-23 of tickets and from all other sources in the amounts provided by
11-24 this chapter;
11-25 (3) enforcement of prohibitions on the sale of tickets
11-26 to or by an individual younger than 18 years of age; and
11-27 (4) enforcement of prohibitions on a person playing a
11-28 lottery game by telephone.
11-29 (c) The comptroller may adopt rules governing the
11-30 establishment and operation of the lottery, including rules
11-31 governing:
11-32 (1) the type of lottery games to be conducted;
11-33 (2) the price of each ticket;
11-34 (3) the number of winning tickets and amount of the
11-35 prize paid on each winning ticket;
11-36 (4) the frequency of the drawing or selection of a
11-37 winning ticket;
11-38 (5) the number and types of locations at which a
11-39 ticket may be sold;
11-40 (6) the method to be used in selling a ticket;
11-41 (7) the use of vending machines or electronic or
11-42 mechanical devices of any kind, other than machines or devices that
11-43 dispense currency or coins as prizes;
11-44 (8) the manner of paying a prize to the holder of a
11-45 winning ticket;
11-46 (9) the investigation of possible violations of this
11-47 chapter or any rule adopted under this chapter;
11-48 (10) the means of advertising to be used for the
11-49 lottery;
11-50 (11) the qualifications of vendors of lottery services
11-51 or equipment;
11-52 (12) the confidentiality of information relating to
11-53 the operation of the lottery, including:
11-54 (A) trade secrets;
11-55 (B) security measures, systems, or procedures;
11-56 (C) security reports;
11-57 (D) bids or other information regarding the
11-58 division's contracts, if disclosure of the information would impair
11-59 the division's ability to contract for facilities, goods, or
11-60 services on terms favorable to the division;
11-61 (E) personnel information unrelated to
11-62 compensation, duties, qualifications, or responsibilities; and
11-63 (F) information obtained by division security
11-64 officers or investigators;
11-65 (13) the development and availability of a model
11-66 agreement governing the division of a prize among multiple
11-67 purchasers of a winning ticket purchased through a group purchase
11-68 or pooling arrangement;
11-69 (14) the criteria to be used in evaluating bids for
11-70 contracts for lottery facilities, goods, and services; or
12-1 (15) any other matter necessary or desirable as
12-2 determined by the comptroller, to promote and ensure:
12-3 (A) the integrity, security, honesty, and
12-4 fairness of the operation and administration of the lottery; and
12-5 (B) the convenience of players and holders of
12-6 winning tickets.
12-7 Sec. 466.016. ANNUAL REPORT. The comptroller shall make an
12-8 annual report to the governor and the legislature that provides a
12-9 summary of lottery revenues, prize disbursements, and other
12-10 expenses for the fiscal year preceding the report. The report must
12-11 be in the form and reported in the time provided by the General
12-12 Appropriations Act.
12-13 Sec. 466.017. Audits. (a) The director shall provide for a
12-14 certified public accountant to conduct an independent audit for
12-15 each fiscal year of all accounts and transactions of the lottery.
12-16 The certified public accountant may not have, as determined by the
12-17 director, a significant financial interest in a sales agent,
12-18 lottery vendor, or lottery operator. The certified public
12-19 accountant shall present an audit report to the director, the
12-20 comptroller, the governor, and the legislature not later than April
12-21 1 of the year following the fiscal year for which the audit was
12-22 performed. The report must contain recommendations to enhance the
12-23 earnings capability of the lottery and improve the efficiency of
12-24 lottery operations. The state auditor may review the results of
12-25 and working papers related to the audit.
12-26 (b) Each lottery operator's and sales agent's records are
12-27 subject to audit by the division, the comptroller, and the state
12-28 auditor. For the purpose of carrying out this chapter, the
12-29 director, comptroller, or state auditor may examine all books,
12-30 records, papers, or other objects that the director, comptroller,
12-31 or state auditor determines are necessary for conducting a complete
12-32 examination under this chapter and may also examine under oath any
12-33 officer, director, or employee of a lottery operator or sales
12-34 agent. The director, comptroller, or state auditor may conduct an
12-35 examination at the principal office or any other office of the
12-36 lottery operator or sales agent or may require the lottery operator
12-37 or sales agent to produce the records at the office of the
12-38 division, comptroller, or state auditor. If a sales agent refuses
12-39 to permit an examination or to answer any question authorized by
12-40 this subsection, the comptroller may summarily suspend the license
12-41 of the sales agent under Section 466.160 until the examination is
12-42 completed as required. Section 321.013(h) does not apply to an
12-43 audit of a lottery operator or sales agent.
12-44 Sec. 466.018. Investigations. The attorney general, the
12-45 district attorney for Travis County, or the district attorney,
12-46 criminal district attorney, or county attorney performing the
12-47 duties of district attorney for the county in which the violation
12-48 or alleged violation occurred may investigate a violation or
12-49 alleged violation of this chapter and of the penal laws of this
12-50 state by the division or its employees, a sales agent, a lottery
12-51 vendor, or a lottery operator.
12-52 Sec. 466.019. Enforcement. (a) The comptroller or
12-53 designated personnel of the division may investigate violations of
12-54 this chapter and violations of the rules adopted under this
12-55 chapter. After conducting investigations, the comptroller, a
12-56 person designated by the comptroller, or any law enforcement agency
12-57 may file a complaint with the district attorney of Travis County or
12-58 with the district attorney of the county in which a violation is
12-59 alleged to have occurred.
12-60 (b) The comptroller has the administrative, enforcement, and
12-61 collection powers provided by Subtitle B, Title 2, Tax Code, in
12-62 regard to the lottery. For purposes of the application of Title 2
12-63 of the Tax Code, the state's share of proceeds from the sale of
12-64 lottery tickets is treated as if it were a tax.
12-65 Sec. 466.020. SECURITY. (a) The director shall maintain a
12-66 department of security in the division. The director shall appoint
12-67 a deputy to administer the department. The deputy must be
12-68 qualified by training and experience in law enforcement or security
12-69 to supervise, direct, and administer the activities of the
12-70 department.
13-1 (b) The director may employ security officers or
13-2 investigators as the director considers necessary and may
13-3 commission security officers or investigators as peace officers.
13-4 The deputy and all investigators employed by the department of
13-5 security as peace officers must meet the requirements under Chapter
13-6 415 for employment and commission as peace officers.
13-7 (c) A security officer or investigator employed by the
13-8 department of security or a peace officer who is working in
13-9 conjunction with the comptroller or the Department of Public Safety
13-10 in the enforcement of this chapter, without a search warrant, may
13-11 search and seize a lottery vending machine, lottery computer
13-12 terminal, or other lottery equipment that is located on premises
13-13 for which a person holds a sales agent license issued under this
13-14 chapter.
13-15 (d) The Department of Public Safety, at the comptroller's
13-16 request, shall perform a full criminal background investigation of
13-17 a prospective deputy or investigator of the department of security.
13-18 The comptroller shall reimburse the Department of Public Safety for
13-19 the actual costs of an investigation.
13-20 (e) At least once every two years, the director shall employ
13-21 an independent firm that is experienced in security, including
13-22 computer security and systems security, to conduct a comprehensive
13-23 study of all aspects of lottery security, including:
13-24 (1) lottery personnel security;
13-25 (2) sales agent security;
13-26 (3) lottery operator and vendor security;
13-27 (4) security against ticket counterfeiting and
13-28 alteration and other means of fraudulent winning;
13-29 (5) security of lottery drawings;
13-30 (6) lottery computer, data communications, database,
13-31 and systems security;
13-32 (7) lottery premises and warehouse security;
13-33 (8) security of distribution of tickets;
13-34 (9) security of validation and payment procedures;
13-35 (10) security involving unclaimed prizes;
13-36 (11) security aspects of each lottery game;
13-37 (12) security against the deliberate placement of
13-38 winning tickets in lottery games that involve preprinted winning
13-39 tickets by persons involved in the production, storage,
13-40 transportation, or distribution of tickets; and
13-41 (13) other security aspects of lottery operations.
13-42 (f) The director shall provide the comptroller with a
13-43 complete report of the security study conducted under Subsection
13-44 (e). The comptroller shall provide the governor and the
13-45 legislature, before the convening of each regular legislative
13-46 session, with a summary of the security study that shows the
13-47 overall evaluation of the lottery's security.
13-48 (g) The first security study conducted under Subsection (e)
13-49 must be conducted not later than the first anniversary of the first
13-50 sale of a ticket to a player under this chapter. The first report
13-51 to the governor and legislature under Subsection (f) must be made
13-52 before the convening of the regular session of the 74th
13-53 Legislature. This subsection expires June 1, 1995.
13-54 Sec. 466.021. DEMOGRAPHIC STUDIES. (a) The director shall,
13-55 every two years, employ an independent firm experienced in
13-56 demographic analysis to conduct a demographic study of lottery
13-57 players. The study must include the income, age, sex, education,
13-58 and frequency of participation of players.
13-59 (b) The director shall report the results of the demographic
13-60 study conducted under Subsection (a) to the comptroller, the
13-61 governor, and the legislature before the convening of each regular
13-62 legislative session.
13-63 Sec. 466.022. Confidential Information. The following
13-64 information is confidential and is exempt from disclosure under the
13-65 open records law, Chapter 424, Acts of the 63rd Legislature,
13-66 Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil
13-67 Statutes):
13-68 (1) security plans and procedures of the division or
13-69 the office of the comptroller designed to ensure the integrity and
13-70 security of the operation of the lottery;
14-1 (2) information of a nature that is designed to ensure
14-2 the integrity and security of the selection of winning tickets or
14-3 numbers in the lottery, other than information describing the
14-4 general procedures for selecting winning tickets or numbers; and
14-5 (3) the street address and telephone number of a prize
14-6 winner, if the prize winner has not consented to the release of the
14-7 information.
14-8 Sec. 466.023. DEPARTMENT OF PUBLIC SAFETY RECORDS.
14-9 (a) Except as otherwise provided by this chapter, all files,
14-10 records, information, compilations, documents, photographs,
14-11 reports, summaries, and reviews of information and related matters
14-12 collected, retained, or compiled by the Department of Public Safety
14-13 in the discharge of its duties under this chapter are confidential
14-14 and are not subject to public disclosure. Each of those items is
14-15 subject to discovery by a person that is the subject of the item.
14-16 (b) An investigation report or other document submitted by
14-17 the Department of Public Safety to the division becomes part of the
14-18 investigative files of the division and is subject to discovery by
14-19 a person that is the subject of the investigation report or other
14-20 document.
14-21 (c) Information that is in the form available to the public
14-22 is not privileged or confidential under this section and is subject
14-23 to public disclosure.
14-24 Sec. 466.024. PROHIBITED GAMES. (a) The director or a
14-25 lottery operator may not establish or operate a lottery game in
14-26 which the winner is chosen on the basis of the outcome of a sports
14-27 event.
14-28 (b) The comptroller shall adopt rules prohibiting the
14-29 operation of any game using a video lottery machine or machine.
14-30 (c) In this section:
14-31 (1) "Sports event" means a football, basketball,
14-32 baseball, or similar game, or a horse or dog race on which
14-33 pari-mutuel wagering is allowed.
14-34 (2) "Video lottery machine" or "machine" means any
14-35 electronic video game machine that, upon insertion of cash, is
14-36 available to play or simulate the play of a video game, including
14-37 video poker, keno, and blackjack, using a video display and
14-38 microprocessors in which the player may receive free games or
14-39 credits that can be redeemed for cash, coins, or tokens, or that
14-40 directly dispenses cash, coins, or tokens.
14-41 Sec. 466.025. REPORTS OF TICKETS SOLD AND PRIZES AWARDED.
14-42 For each lottery game, after the last date on which a prize may be
14-43 claimed under Section 466.408(d), the director shall prepare a
14-44 report that shows the total number of tickets sold and the number
14-45 and amounts of prizes awarded in the game. The report must be
14-46 available for public inspection.
14-47 (Sections 466.026-466.100 reserved for expansion
14-48 SUBCHAPTER C. PROCUREMENT; ADVERTISING
14-49 Sec. 466.101. PROCUREMENT PROCEDURES. (a) The director may
14-50 establish procedures for the purchase or lease of facilities,
14-51 goods, and services and make any purchases, leases, or contracts
14-52 that are necessary for carrying out the purposes of this chapter.
14-53 The procedures must, as determined feasible and appropriate by the
14-54 director, promote competition to the maximum extent possible.
14-55 (b) In all procurement decisions, the director shall take
14-56 into account the particularly sensitive nature of the lottery and
14-57 shall act to promote and ensure integrity, security, honesty, and
14-58 fairness in the operation and administration of the lottery and the
14-59 objective of producing revenues for the state treasury.
14-60 (c) The procurement procedures adopted by the director must,
14-61 as determined feasible and appropriate by the director, afford any
14-62 party who is aggrieved by the terms of a solicitation or the award
14-63 of a contract an opportunity to protest the director's action to
14-64 the comptroller. The protest procedures must provide for an
14-65 expedient resolution of the protest in order to avoid substantially
14-66 delaying a solicitation or contract award that is necessary for the
14-67 timely implementation of a lottery game. A protest must be in
14-68 writing and be filed with the comptroller not later than 72 hours
14-69 after receipt of notice of the director's action.
14-70 (d) A party who is aggrieved by the comptroller's resolution
15-1 of a protest under Subsection (c) may file an action in the
15-2 district court of Travis County. The court shall give preference
15-3 to hearings and trials of actions under this section. If the party
15-4 filing the action seeks to enjoin the implementation of a
15-5 solicitation or contract, the party shall post a bond that is
15-6 payable to the state if the party does not prevail in the appeal,
15-7 and is in an amount sufficient to compensate the state for the
15-8 revenue that would be lost due to the delay in lottery operations.
15-9 (e) The comptroller shall require any person seeking to
15-10 contract for goods or services relating to the implementation and
15-11 administration of this chapter to submit to competitive bidding
15-12 procedures in accordance with rules adopted by the comptroller.
15-13 The procedures must be for the purpose of ensuring fairness and
15-14 integrity.
15-15 Sec. 466.102. LIQUIDATED DAMAGES; PERFORMANCE BOND. A
15-16 contract for the acquisition or provision of facilities, supplies,
15-17 equipment, materials, or services related to the operation of the
15-18 lottery must provide for liquidated damages and a performance bond
15-19 in an amount equal to the director's best available estimate of the
15-20 revenue that would be lost if the contractor fails to meet
15-21 deadlines specified in the contract.
15-22 Sec. 466.103. PROHIBITED CONTRACTS. The director may not
15-23 award a contract for the purchase or lease of facilities, goods, or
15-24 services related to lottery operations to a person who would be
15-25 denied a license as a sales agent under Section 466.155.
15-26 Sec. 466.104. ASSISTANCE OF GENERAL SERVICES COMMISSION. On
15-27 request of the director, the General Services Commission shall
15-28 assist the director in:
15-29 (1) acquiring facilities, supplies, materials,
15-30 equipment, and services under the State Purchasing and General
15-31 Services Act (Article 601b, Vernon's Texas Civil Statutes); or
15-32 (2) establishing procedures for the director's
15-33 accelerated acquisition of facilities, supplies, materials,
15-34 equipment, and services for the operation of the lottery.
15-35 Sec. 466.105. APPLICABILITY OF OTHER LAW. (a) A contract
15-36 for the acquisition or provision of facilities, supplies,
15-37 equipment, materials, or services related to the operation of the
15-38 lottery is not subject to the Information Resources Management Act
15-39 (Article 4413(32j), Revised Statutes).
15-40 (b) Notwithstanding the provisions of the Public Utility
15-41 Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), the
15-42 comptroller may negotiate rates and execute contracts with
15-43 telecommunications service providers for the interexchange services
15-44 necessary for the operation of the lottery. The comptroller may
15-45 acquire transmission facilities by lease, purchase, or
15-46 lease-purchase. The acquisition of transmission facilities must be
15-47 done on a competitive bid basis if possible.
15-48 Sec. 466.106. PREFERENCE FOR TEXAS BUSINESSES. (a) In all
15-49 contracts for lottery equipment, supplies, services, and
15-50 advertising, the division and each lottery operator shall give
15-51 preference to equipment or supplies produced in this state or
15-52 services or advertising offered by bidders from this state, the
15-53 cost to the state and quality being equal.
15-54 (b) If equipment or supplies produced in this state or
15-55 services or advertising offered by a bidder from this state are not
15-56 equal in cost and quality, then equipment or supplies produced in
15-57 another state or services or advertising offered by a bidder from
15-58 another state shall be given preference over foreign equipment,
15-59 supplies, services, or advertising.
15-60 Sec. 466.107. MINORITY BUSINESSES. (a) The director, the
15-61 division, and each lottery operator shall take positive steps to:
15-62 (1) inform minority businesses of opportunities to:
15-63 (A) provide lottery equipment and supplies to
15-64 the division;
15-65 (B) provide services, including advertising, to
15-66 the division for the operation of the lottery; or
15-67 (C) obtain a license to sell lottery tickets;
15-68 (2) waive or modify bond requirements, if feasible;
15-69 (3) award contracts for lottery equipment or supplies
15-70 to minority businesses when possible;
16-1 (4) award contracts for lottery services, including
16-2 advertising, to minority businesses when possible;
16-3 (5) license minority businesses as sales agents;
16-4 (6) monitor the effectiveness of the efforts to
16-5 increase the ability of minority businesses to do business with the
16-6 division; and
16-7 (7) require all bidders or contractors, when
16-8 appropriate, to include specific plans or arrangements to use
16-9 subcontracts with minority businesses.
16-10 (b) In this section:
16-11 (1) "Minority business" means a business entity at
16-12 least 51 percent of which is owned by minority group members or, in
16-13 the case of a corporation, at least 51 percent of the shares of
16-14 which are owned by minority group members, and that:
16-15 (A) is managed and, in daily operations, is
16-16 controlled by minority group members; and
16-17 (B) is a domestic business entity with a home or
16-18 branch office located in this state and is not a branch or
16-19 subsidiary of a foreign corporation, firm, or other business
16-20 entity.
16-21 (2) "Minority group members" includes:
16-22 (A) African Americans;
16-23 (B) American Indians;
16-24 (C) Asian Americans; and
16-25 (D) Mexican Americans and other Americans of
16-26 Hispanic origin.
16-27 (c) The comptroller shall annually report to the legislature
16-28 and the governor on the level of minority business participation as
16-29 pertains to both the division's contracts and the licensing of
16-30 sales agents. The report must include recommendations for the
16-31 improvement of minority business opportunities in lottery-related
16-32 business.
16-33 Sec. 466.108. TELEVISION CONTRACTS. If the drawing or
16-34 selection of winning tickets is televised under a contract with the
16-35 division, the contract must be awarded by competitive bid. The
16-36 comptroller shall adopt rules governing the competitive bidding
16-37 process. Money received under the contract shall be deposited in
16-38 the state lottery account established under Section 466.355.
16-39 Sec. 466.109. PUBLICITY OF INDIVIDUALS PROHIBITED. (a) A
16-40 state officer or employee, including the comptroller, the director,
16-41 or an officer or employee of the comptroller's office or the
16-42 division, may not appear in an advertisement or promotion for the
16-43 lottery that is sponsored by the comptroller's office or the
16-44 division or in a televised lottery drawing. An advertisement or
16-45 promotion for the lottery may not contain the likeness or name of a
16-46 state officer or employee, including the comptroller, the director,
16-47 or an officer or employee of the comptroller's office or the
16-48 division.
16-49 (b) In connection with providing security for the lottery,
16-50 this section does not prohibit a security officer or investigator
16-51 employed by the division from appearing in a televised lottery
16-52 drawing or other promotion for the lottery that is sponsored by the
16-53 comptroller's office or the division.
16-54 (c) Notwithstanding this section, the director may designate
16-55 an employee of the division to participate in a promotional event,
16-56 the purpose of which is to award a prize.
16-57 Sec. 466.110. PROHIBITED ADVERTISEMENTS. The legislature
16-58 intends that advertisements or promotions sponsored by the
16-59 comptroller's office or the division for the lottery not be of a
16-60 nature that unduly influences any person to purchase a lottery
16-61 ticket or number.
16-62 (Sections 466.111-466.150 reserved for expansion
16-63 SUBCHAPTER D. LICENSING OF SALES AGENTS
16-64 Sec. 466.151. LICENSE REQUIRED. (a) If the director
16-65 authorizes a person who is not an employee of the division to sell
16-66 tickets, the person must be licensed as a sales agent by the
16-67 division.
16-68 (b) The director may establish classes of licenses necessary
16-69 to regulate and administer the quantity and type of lottery games
16-70 provided at each licensed location.
17-1 (c) The director shall attempt to license minority
17-2 businesses as sales agents in at least 20 percent of the licenses
17-3 issued. Implementation of this subsection must be consistent with
17-4 Sections 466.152-466.154 and the rest of this section.
17-5 (d) The director may license as a sales agent each person
17-6 the director believes will best serve the public convenience. The
17-7 director may not issue a license to a person to engage in business
17-8 exclusively as a sales agent. A license may not be transferred or
17-9 assigned to any other person or location.
17-10 (e) The director may issue a license to a person only if the
17-11 director finds that the person's experience, character, and general
17-12 fitness are such that the person's participation as a sales agent
17-13 will not detract from the integrity, security, honesty, and
17-14 fairness of the operation of the lottery.
17-15 Sec. 466.152. LICENSE APPLICATION; FEE. (a) An applicant
17-16 for a license under this subchapter must apply to the division
17-17 under rules adopted by the comptroller, provide information
17-18 necessary to determine the applicant's eligibility for a license
17-19 under Section 466.155, and provide other information considered
17-20 necessary by the comptroller.
17-21 (b) The applicant must include an application fee with each
17-22 application. The director shall set the application fee in an
17-23 amount that is at least sufficient to cover the costs incurred by
17-24 the division and by the Department of Public Safety to process the
17-25 application. The director shall determine from information
17-26 provided by the department the amount required for costs incurred
17-27 by the department and shall allocate those amounts to the
17-28 department at least monthly. If the director denies an application
17-29 for a license based on a factor listed in Section 466.154, the
17-30 director shall refund one-half of the application fee to the
17-31 applicant. If the director denies an application based on another
17-32 factor, the director may not refund any part of the application
17-33 fee.
17-34 (c) Applications for licenses must be available for public
17-35 inspection during regular office hours.
17-36 (d) A separate license is required for each location at
17-37 which tickets are to be sold. A person who desires to operate more
17-38 than one location to sell tickets must submit a separate
17-39 application for each location.
17-40 (e) Fees collected under this section shall be deposited in
17-41 the state treasury to the credit of the state lottery account.
17-42 Sec. 466.153. CHANGE IN APPLICATION INFORMATION.
17-43 (a) Except as provided by Subsection (b), an applicant or sales
17-44 agent shall notify the director of any change in the information in
17-45 the applicant's or sales agent's most recent application for a
17-46 license or renewal of a license. The applicant or sales agent
17-47 shall notify the director of the change in the information not
17-48 later than the 10th day after the date of the change.
17-49 (b) A corporate applicant or sales agent is not required to
17-50 notify the director under Subsection (a) of a transfer of less than
17-51 10 percent of the corporate stock unless the transfer results in a
17-52 shareholder who previously held 10 percent or less of the stock
17-53 holding more than 10 percent of the stock.
17-54 Sec. 466.154. RULES. The comptroller shall adopt rules
17-55 under which, before issuing a license to an applicant, the director
17-56 shall consider:
17-57 (1) the financial responsibility and security of the
17-58 applicant and the business or activity in which the applicant is
17-59 engaged;
17-60 (2) the public accessibility of the applicant's place
17-61 of business or activity;
17-62 (3) the sufficiency of existing sales agents to serve
17-63 the public convenience;
17-64 (4) whether individuals under 18 years of age
17-65 constitute a majority of the applicant's customers or as customers
17-66 provide a majority of the applicant's sales volume;
17-67 (5) the volume of expected sales; and
17-68 (6) any other factor that the director considers
17-69 appropriate.
17-70 Sec. 466.155. DENIAL OF APPLICATION OR SUSPENSION OR
18-1 REVOCATION OF LICENSE. (a) After a hearing, the director shall
18-2 deny an application for a license or the comptroller shall suspend
18-3 or revoke a license if the director or comptroller, as applicable,
18-4 finds that the applicant or sales agent:
18-5 (1) is an individual who:
18-6 (A) has been convicted of a felony, criminal
18-7 fraud, gambling or a gambling-related offense, or a misdemeanor
18-8 involving moral turpitude, if less than 10 years has elapsed since
18-9 the termination of the sentence, parole, mandatory supervision, or
18-10 probation served for the offense;
18-11 (B) is or has been a professional gambler; or
18-12 (C) is married to or related in the first degree
18-13 of consanguinity or affinity to an individual:
18-14 (i) described in Paragraph (A) or (B); or
18-15 (ii) who is currently delinquent in the
18-16 payment of any state tax;
18-17 (2) is not an individual, and an individual described
18-18 in Subdivision (1):
18-19 (A) is an officer or director of the applicant
18-20 or sales agent;
18-21 (B) holds more than 10 percent of the stock in
18-22 the applicant or sales agent;
18-23 (C) holds an equitable interest greater than 10
18-24 percent in the applicant or sales agent;
18-25 (D) is a creditor of the applicant or sales
18-26 agent who holds more than 10 percent of the applicant's or sales
18-27 agent's outstanding debt;
18-28 (E) is the owner or lessee of a business that
18-29 the applicant or sales agent conducts or through which the
18-30 applicant will conduct a ticket sales agency;
18-31 (F) shares or will share in the profits, other
18-32 than stock dividends, of the applicant or sales agent;
18-33 (G) participates in managing the affairs of the
18-34 applicant or sales agent; or
18-35 (H) is an employee of the applicant or sales
18-36 agent who is or will be involved in:
18-37 (i) selling tickets; or
18-38 (ii) handling money from the sale of
18-39 tickets;
18-40 (3) is currently delinquent in the payment of any
18-41 state tax;
18-42 (4) is a person whose location for the sales agency
18-43 is:
18-44 (A) a racetrack at which wagering is authorized
18-45 under the Texas Racing Act (Article 179e, Vernon's Texas Civil
18-46 Statutes);
18-47 (B) a location licensed for games of bingo under
18-48 the Bingo Enabling Act (Article 179d, Vernon's Texas Civil
18-49 Statutes);
18-50 (C) on land that is owned by:
18-51 (i) this state; or
18-52 (ii) a political subdivision of this
18-53 state, other than land used as a mass transportation facility that
18-54 is used by commercial carriers; or
18-55 (D) a location for which a person holds a wine
18-56 and beer retailer's permit, mixed beverage permit, mixed beverage
18-57 late hours permit, private club registration permit, or private
18-58 club late hours permit issued under Chapter 25, 28, 29, 32, or 33,
18-59 Alcoholic Beverage Code; or
18-60 (5) has violated this chapter or a rule adopted under
18-61 this chapter.
18-62 (b) If the director proposes to deny an application for a
18-63 license or the comptroller proposes to suspend or revoke a license
18-64 under this section, the applicant or sales agent is entitled to
18-65 written notice of the time and place of the hearing. A notice may
18-66 be served on an applicant or sales agent personally or sent by
18-67 certified or registered mail, return receipt requested, to the
18-68 person's mailing address as it appears on the division's records.
18-69 A notice must be served or mailed not later than the 20th day
18-70 before the date of the hearing.
19-1 (c) At a hearing, an applicant or sales agent must show by a
19-2 preponderance of the evidence why the application should not be
19-3 denied or the license suspended or revoked.
19-4 (d) The director shall give an applicant or sales agent
19-5 written notice of a denial of an application or a suspension or
19-6 revocation of a license.
19-7 (e) The director may not issue a license to a person who has
19-8 previously had a license under this chapter revoked unless the
19-9 director is satisfied the person will comply with this chapter and
19-10 the rules adopted under this chapter. The director may prescribe
19-11 the terms under which a suspended license will be reissued.
19-12 (f) The director may not issue a license to an applicant who
19-13 fails to certify to the director the applicant's compliance with
19-14 the federal Americans with Disabilities Act of 1990 (42 U.S.C.
19-15 Section 12101 et seq.).
19-16 Sec. 466.156. BOND; INSURANCE. (a) Each sales agent shall
19-17 post a cash bond, surety bond, letter of credit, certificate of
19-18 deposit, or other security approved by the director. The amount of
19-19 the security shall be determined by the director and must reflect
19-20 the possible losses to the state from the operation of the sales
19-21 agent.
19-22 (b) The director may also require a sales agent to maintain
19-23 insurance if necessary to protect the interests of the state.
19-24 Sec. 466.157. DISPLAY OF LICENSE. As prescribed by division
19-25 rules, each sales agent shall prominently display the license in
19-26 each place of business or activity at which the sales agent sells
19-27 tickets.
19-28 Sec. 466.158. EXPIRATION OF LICENSE; RENEWAL. (a) Unless
19-29 suspended or revoked, a license expires on the date specified in
19-30 the license, which may not be later than the second anniversary of
19-31 its date of issuance.
19-32 (b) The comptroller shall adopt rules for the renewal of
19-33 licenses. The director shall set the fee for a renewal of a
19-34 license in an amount at least sufficient to cover the cost of
19-35 processing the renewal.
19-36 (c) A sales agent must file a renewal application and pay
19-37 the renewal fee before the sales agent's license expires.
19-38 Sec. 466.159. DEATH, DISSOLUTION, OR BANKRUPTCY OF SALES
19-39 AGENT. (a) A license issued under this chapter expires on:
19-40 (1) the death of a sales agent who is an individual;
19-41 (2) the dissolution of a sales agent that is not an
19-42 individual; or
19-43 (3) the bankruptcy or receivership of a sales agent.
19-44 (b) If a license expires under Subsection (a) and the sales
19-45 agent's successor in interest desires to operate the sales agency,
19-46 the successor shall file an application for an extended license not
19-47 later than the 30th day after the date the license expired. The
19-48 application must state the basis for the applicant's claim to be
19-49 the successor in interest to the sales agent and must contain a
19-50 certification that the applicant would be eligible for a license
19-51 under Section 466.155. The director shall permit a qualified
19-52 applicant to operate under an extended license for not more than
19-53 one year or until a new license is issued to the applicant,
19-54 whichever occurs first.
19-55 Sec. 466.160. SUMMARY SUSPENSION OF LICENSE. (a) The
19-56 comptroller may suspend a sales agent's license summarily without
19-57 notice or hearing if the comptroller finds that the action is
19-58 necessary to maintain the integrity, security, honesty, or fairness
19-59 of the operation or administration of the lottery or to prevent
19-60 financial loss to the state and:
19-61 (1) the sales agent fails to deposit money received
19-62 from ticket sales under Section 466.351;
19-63 (2) an event occurs that would render the sales agent
19-64 ineligible for a license under Section 466.155;
19-65 (3) the sales agent refuses to permit the director,
19-66 the comptroller, or the state auditor to examine the agent's books,
19-67 records, papers, or other objects under Section 466.017(b); or
19-68 (4) the director learns the sales agent has failed to
19-69 disclose information that would, if disclosed, render the sales
19-70 agent ineligible for a license under Section 466.155.
20-1 (b) The comptroller may summarily suspend a sales agent's
20-2 license if proceedings for a preliminary hearing before the
20-3 comptroller or the comptroller's representative are initiated
20-4 simultaneously with the summary suspension. The preliminary
20-5 hearing shall be set for a date not later than 10 days after the
20-6 date of the summary suspension, unless the parties agree to a later
20-7 date.
20-8 (c) At the preliminary hearing, the sales agent must show
20-9 cause why the license should not remain suspended pending a final
20-10 hearing on suspension or revocation. The Administrative Procedure
20-11 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
20-12 Statutes) does not apply to the comptroller in the administration
20-13 and enforcement of the summary suspension of a license under this
20-14 section. The rules governing a hearing on any other license
20-15 suspension or revocation under this chapter govern a final
20-16 administrative hearing under this subsection.
20-17 (d) To initiate a proceeding to summarily suspend a sales
20-18 agent's license, the comptroller must serve notice to the sales
20-19 agent informing the agent of the right to a preliminary hearing
20-20 before the comptroller or the comptroller's representative and of
20-21 the time and place of the preliminary hearing. The notice must be
20-22 personally served on the sales agent or an officer, employee, or
20-23 agent of the sales agent or sent by certified or registered mail,
20-24 return receipt requested, to the sales agent's mailing address as
20-25 it appears on the division's records. The notice must state the
20-26 alleged violations that constitute grounds for summary suspension.
20-27 The suspension is effective at the time the notice is served. If
20-28 notice is served in person, the sales agent shall immediately
20-29 surrender the license to the comptroller or to the comptroller's
20-30 representative. If notice is served by mail, the sales agent shall
20-31 immediately return the license to the comptroller. If the sales
20-32 agent uses an on-line electronic terminal to sell tickets, the
20-33 director or a lottery operator on the instructions of the director
20-34 may terminate the connection of the terminal to the division's
20-35 lottery computer at the time the proceeding to summarily suspend
20-36 the license is initiated.
20-37 (Sections 466.161-466.200 reserved for expansion
20-38 SUBCHAPTER E. CRIMINAL HISTORY INVESTIGATIONS
20-39 Sec. 466.201. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION.
20-40 (a) The comptroller is entitled to conduct an investigation of and
20-41 is entitled to obtain criminal history record information
20-42 maintained by the Department of Public Safety, the Federal Bureau
20-43 of Investigation Identification Division, or another law
20-44 enforcement agency to assist in the investigation of:
20-45 (1) a sales agent or an applicant for a sales agent
20-46 license;
20-47 (2) a person required to be named in a license
20-48 application;
20-49 (3) a lottery operator or prospective lottery
20-50 operator;
20-51 (4) an employee of a lottery operator or prospective
20-52 lottery operator, if the employee is or will be directly involved
20-53 in lottery operations;
20-54 (5) a person who manufactures or distributes lottery
20-55 equipment or supplies, or a representative of a person who
20-56 manufactures or distributes lottery equipment or supplies offered
20-57 to the lottery;
20-58 (6) a person who has submitted a written bid or
20-59 proposal to the division in connection with the procurement of
20-60 goods or services by the division, if the amount of the bid or
20-61 proposal exceeds $500;
20-62 (7) an employee or other person who works for or will
20-63 work for a sales agent or an applicant for a sales agent license;
20-64 (8) a person who proposes to enter into or who has a
20-65 contract with the division to supply goods or services to the
20-66 division; or
20-67 (9) if a person described in Subdivisions (1) through
20-68 (8) is not an individual, an individual who:
20-69 (A) is an officer or director of the person;
20-70 (B) holds more than 10 percent of the stock in
21-1 the person;
21-2 (C) holds an equitable interest greater than 10
21-3 percent in the person;
21-4 (D) is a creditor of the person who holds more
21-5 than 10 percent of the person's outstanding debt;
21-6 (E) is the owner or lessee of a business that
21-7 the person conducts or through which the person will conduct
21-8 lottery-related activities;
21-9 (F) shares or will share in the profits, other
21-10 than stock dividends, of the person;
21-11 (G) participates in managing the affairs of the
21-12 person; or
21-13 (H) is an employee of the person who is or will
21-14 be involved in:
21-15 (i) selling tickets; or
21-16 (ii) handling money from the sale of
21-17 tickets.
21-18 (b) The comptroller shall conduct an investigation of and
21-19 obtain criminal history record information maintained by the
21-20 Department of Public Safety, the Federal Bureau of Investigation
21-21 Identification Division, or another law enforcement agency to
21-22 assist in the investigation of:
21-23 (1) the director or a prospective director of the
21-24 division; or
21-25 (2) an employee or prospective employee of the
21-26 division.
21-27 (c) Not later than the first anniversary after the date of
21-28 each renewal, the comptroller shall obtain criminal history record
21-29 information maintained by the Department of Public Safety on a
21-30 sales agent whose license is renewed under Section 466.158.
21-31 Sec. 466.202. FINGERPRINTS. (a) The director may discharge
21-32 from employment an employee of the division who fails to provide a
21-33 complete legible set of fingerprints on request. The director may
21-34 refuse to consider a prospective employee of the division who fails
21-35 to provide a complete legible set of fingerprints on request.
21-36 (b) The director may deny an application for a license or
21-37 the comptroller may suspend or revoke a license if the applicant or
21-38 sales agent fails on request to provide a complete legible set of
21-39 fingerprints of:
21-40 (1) a person required to be named in a license
21-41 application; or
21-42 (2) an employee or other person who works or will work
21-43 for the applicant or sales agent, if the person:
21-44 (A) is or will be involved in the sale of
21-45 tickets; or
21-46 (B) handles or will handle money from the sale
21-47 of tickets.
21-48 (c) All fingerprints submitted to the Department of Public
21-49 Safety must be on a form prescribed by the department.
21-50 Sec. 466.203. DEPARTMENT OF PUBLIC SAFETY ASSISTANCE; COSTS
21-51 OF INVESTIGATION. (a) The director may request the cooperation of
21-52 the Department of Public Safety to perform a background
21-53 investigation of a person listed in Section 466.201(a) or (b). The
21-54 director shall reimburse the department for the actual cost of an
21-55 investigation.
21-56 (b) The director may require a person who is subject to
21-57 investigation to pay all costs of the investigation and to provide
21-58 any information, including fingerprints, necessary to carry out the
21-59 investigation or facilitate access to state or federal criminal
21-60 history record information. Payments made to the director under
21-61 this subsection shall be deposited in the general revenue fund and
21-62 may be used to reimburse the Department of Public Safety for the
21-63 actual costs of an investigation.
21-64 (c) Unless otherwise prohibited by law, the Department of
21-65 Public Safety may retain any record or information submitted to it
21-66 under this section. The department shall notify the director of
21-67 any change in information provided to the director when the
21-68 department learns of the change.
21-69 Sec. 466.204. ACCESS TO INTERNAL REVENUE SERVICE
21-70 INFORMATION. The director may obtain information relating to a
22-1 person's qualification for licensing, employment, or contracting
22-2 under this chapter from the Internal Revenue Service under a
22-3 contract between the comptroller and the Internal Revenue Service
22-4 on:
22-5 (1) a sales agent or an applicant for a sales agent
22-6 license;
22-7 (2) an employee or prospective employee of the
22-8 division;
22-9 (3) a person required to be named in a license
22-10 application;
22-11 (4) a lottery operator or prospective lottery
22-12 operator;
22-13 (5) an employee of a lottery operator or prospective
22-14 lottery operator, if the employee is or will be directly involved
22-15 in lottery operations;
22-16 (6) a person who manufactures or distributes lottery
22-17 equipment or supplies, or a representative of a person who
22-18 manufactures or distributes lottery equipment or supplies offered
22-19 to the lottery;
22-20 (7) a person who has submitted a written bid or
22-21 proposal to the division in connection with the procurement of
22-22 goods or services by the division;
22-23 (8) an employee or other person who works for or will
22-24 work for a sales agent or an applicant for a sales agent license;
22-25 or
22-26 (9) a person who proposes to enter into or who has a
22-27 contract with the division to supply goods or services to the
22-28 division.
22-29 Sec. 466.205. CONFIDENTIAL INFORMATION; OFFENSE. (a) All
22-30 criminal history record information received by the director is
22-31 privileged information and is for the exclusive use of the director
22-32 and employees of the division designated by the director. Except
22-33 on court order or as provided by Subsection (c), the information
22-34 may not be released or otherwise disclosed to any other person or
22-35 agency.
22-36 (b) All information received by the director from the
22-37 Internal Revenue Service is confidential and may only be used as
22-38 provided by the contract between the comptroller and the Internal
22-39 Revenue Service under which the information was obtained.
22-40 (c) The director or an employee of the division may not
22-41 provide any person being investigated under this subchapter with a
22-42 copy of the person's criminal history record obtained from the
22-43 Department of Public Safety, the Federal Bureau of Investigation
22-44 Identification Division, or another law enforcement agency. This
22-45 subsection does not prevent the director from disclosing to the
22-46 person the dates and places of arrests, offenses, and dispositions
22-47 contained in the criminal history records.
22-48 (d) The comptroller shall adopt necessary rules governing
22-49 the custody and use of information obtained under this subchapter.
22-50 (e) A person commits an offense if the person releases or
22-51 discloses information received by the comptroller under this
22-52 subchapter except on court order or as provided by Subsection (c).
22-53 An offense under this subsection is a Class A misdemeanor.
22-54 (Sections 466.206-466.250 reserved for expansion
22-55 SUBCHAPTER F. REGULATION OF GAMES
22-56 Sec. 466.251. TICKETS. (a) The director shall prescribe
22-57 the form of tickets.
22-58 (b) The toll-free "800" telephone number established by the
22-59 Texas Commission on Alcohol and Drug Abuse under Section 461.018,
22-60 Health and Safety Code, must be printed on each ticket.
22-61 (c) The overall estimated odds of winning a prize in a
22-62 particular lottery game must be printed on each ticket and
22-63 prominently displayed in association with the sale of lottery
22-64 products. The estimate must be based on reasonable projections and
22-65 past experience.
22-66 Sec. 466.252. PURCHASE OF TICKET AGREEMENT TO ABIDE BY
22-67 RULES. (a) By purchasing a ticket in a particular lottery game, a
22-68 player agrees to abide by and be bound by the division's rules,
22-69 including the rules applicable to the particular lottery game
22-70 involved. The player also acknowledges that the determination of
23-1 whether the player is a valid winner is subject to:
23-2 (1) the division's rules and claims procedures,
23-3 including those developed for the particular lottery game involved;
23-4 and
23-5 (2) any validation tests established by the division
23-6 for the particular lottery game involved.
23-7 (b) If the lottery uses tickets, an abbreviated form of the
23-8 rules or a reference to the rules may appear on the tickets.
23-9 Sec. 466.253. SALE OF TICKET TO PERSON YOUNGER THAN 18
23-10 YEARS. (a) A sales agent or an employee of a sales agent may not
23-11 intentionally or knowingly sell or offer to sell a ticket to an
23-12 individual that the person knows is younger than 18 years of age.
23-13 (b) A person 18 years of age or older may purchase a ticket
23-14 to give as a gift to another person, including an individual
23-15 younger than 18 years of age. If an individual younger than 18
23-16 years of age directly purchases a ticket, the individual is not
23-17 eligible to receive a prize, and the prize otherwise payable on the
23-18 ticket is treated as an unclaimed prize as provided by Section
23-19 466.408.
23-20 Sec. 466.254. SALE OF TICKET OR PAYMENT OF PRIZE TO CERTAIN
23-21 PERSONS. A person may not sell a ticket or pay a lottery prize to
23-22 another person that the person knows is:
23-23 (1) a member, officer, or employee of a person that
23-24 has a contract with the division to sell or lease goods or services
23-25 used in the lottery;
23-26 (2) a member, officer, or employee of a lottery
23-27 operator;
23-28 (3) an officer or employee of the comptroller; or
23-29 (4) a spouse, child, brother, sister, or parent
23-30 residing as a member of the same household in the principal place
23-31 of residence of a person described by Subdivision (1), (2), or (3).
23-32 Sec. 466.255. CERTAIN TICKET PURCHASES PROHIBITED. (a) A
23-33 person may not purchase a ticket:
23-34 (1) through the use of:
23-35 (A) a food stamp coupon issued under the food
23-36 stamp program administered under Chapter 33, Human Resources Code;
23-37 or
23-38 (B) a credit card or a debit card;
23-39 (2) over the telephone; or
23-40 (3) by mail-order sales.
23-41 (b) A person may not pay for a ticket with the proceeds of a
23-42 check issued as a payment under the Aid to Families with Dependent
23-43 Children program administered under Chapter 31, Human Resources
23-44 Code.
23-45 (Sections 466.256-466.300 reserved for expansion
23-46 SUBCHAPTER G. OFFENSES
23-47 Sec. 466.301. DEFINITIONS. In this subchapter:
23-48 (1) "Communicate directly with" has the meaning
23-49 assigned by Section 305.002.
23-50 (2) "Gift" includes a gratuity, trip, meal, or other
23-51 thing of value for which the recipient does not compensate the
23-52 person making the gift.
23-53 (3) "Legislation" has the meaning assigned by Section
23-54 305.002.
23-55 (4) "Member of the legislative branch" has the meaning
23-56 assigned by Section 305.002.
23-57 (5) "Participated" means to have taken action as an
23-58 officer or employee through decision, approval, disapproval,
23-59 recommendation, giving advice, or similar action.
23-60 (6) "Particular matter" includes an investigation, an
23-61 application, a request for a ruling or determination, a license
23-62 proceeding, rulemaking, a contract, a controversy, a claim, a
23-63 charge, an accusation, an arrest, or a judicial or other
23-64 proceeding.
23-65 (7) "Person that has a significant financial interest
23-66 in the lottery" means:
23-67 (A) a person that manufactures, distributes,
23-68 sells, or produces lottery equipment, supplies, services, or
23-69 advertising;
23-70 (B) a person that has made a bid to operate the
24-1 lottery in the preceding two years or that intends to make a bid to
24-2 operate the lottery; or
24-3 (C) a sales agent.
24-4 (8) "Political committee" has the meaning assigned by
24-5 Section 251.001, Election Code.
24-6 (9) "Political contribution" has the meaning assigned
24-7 by Section 251.001, Election Code.
24-8 Sec. 466.302. SALE OF TICKET AT PRICE GREATER THAN FIXED
24-9 PRICE. (a) A person commits an offense if the person
24-10 intentionally or knowingly sells a ticket at a price the person
24-11 knows is greater than that fixed by the division or by the lottery
24-12 operator authorized to set that price.
24-13 (b) An offense under this section is a Class A misdemeanor.
24-14 Sec. 466.303. SALE OF TICKET BY UNAUTHORIZED PERSON.
24-15 (a) Except as provided by Subsection (b), a person who is not a
24-16 sales agent or an employee of a sales agent commits an offense if
24-17 the person intentionally or knowingly sells a ticket.
24-18 (b) A lottery operator may sell tickets to a sales agent. A
24-19 person who is not a sales agent may distribute tickets as premiums
24-20 to customers, employees, or other persons who deal with the person
24-21 if no purchase or service is required to entitle the recipient to
24-22 the ticket.
24-23 (c) An offense under this section is a felony of the third
24-24 degree.
24-25 Sec. 466.304. SALE OF TICKET AT UNAUTHORIZED LOCATION.
24-26 (a) A person commits an offense if the person sells a ticket at a
24-27 location other than the location of a sales agency.
24-28 (b) An offense under this section is a Class A misdemeanor.
24-29 Sec. 466.305. SALE OF TICKET ON CREDIT. (a) A sales agent
24-30 or an employee of a sales agent commits an offense if the person
24-31 intentionally or knowingly sells a ticket to another person by
24-32 extending credit or lending money to the person to enable the
24-33 person to purchase the ticket.
24-34 (b) An offense under this section is a Class C misdemeanor.
24-35 Sec. 466.306. FORGERY; ALTERATION OF TICKET. (a) A person
24-36 commits an offense if the person intentionally or knowingly alters
24-37 or forges a ticket.
24-38 (b) An offense under this section is a felony of the third
24-39 degree unless it is shown on the trial of the offense that the
24-40 prize alleged to be authorized by the ticket forged or altered is
24-41 greater than $10,000, in which event the offense is a felony of the
24-42 second degree.
24-43 Sec. 466.307. INFLUENCING SELECTION OF WINNER. (a) A
24-44 person commits an offense if the person intentionally or knowingly
24-45 influences or attempts to influence the selection of the winner of
24-46 a lottery game.
24-47 (b) An offense under this section is a felony of the third
24-48 degree unless it is shown on the trial of the offense that a prize
24-49 in the game influenced or attempted to be influenced is greater
24-50 than $10,000, in which event the offense is a felony of the second
24-51 degree.
24-52 Sec. 466.308. CLAIMING LOTTERY PRIZE BY FRAUD. (a) A
24-53 person commits an offense if the person intentionally or knowingly:
24-54 (1) claims a lottery prize or a share of a lottery
24-55 prize by means of fraud, deceit, or misrepresentation; or
24-56 (2) aids or agrees to aid another person or persons to
24-57 claim a lottery prize or a share of a lottery prize by means of
24-58 fraud, deceit, or misrepresentation.
24-59 (b) An offense under this section is a Class A misdemeanor
24-60 unless it is shown on the trial of the offense that:
24-61 (1) the amount claimed or attempted to be claimed is
24-62 greater than $200 but not more than $10,000, in which event the
24-63 offense is a felony of the third degree;
24-64 (2) the amount claimed or attempted to be claimed is
24-65 greater than $10,000, in which event the offense is a felony of the
24-66 second degree; or
24-67 (3) the person has previously been convicted of an
24-68 offense under Section 466.306, 466.307, 466.309, 466.310, or this
24-69 section, in which event the offense is a felony of the third
24-70 degree, unless the offense is designated as a felony of the second
25-1 degree under Subdivision (2).
25-2 Sec. 466.309. TAMPERING WITH LOTTERY EQUIPMENT. (a) A
25-3 person commits an offense if the person intentionally or knowingly
25-4 tampers with, damages, defaces, or renders inoperable any vending
25-5 machine, electronic computer terminal, or other mechanical device
25-6 used in a lottery game.
25-7 (b) An offense under this section is a felony of the third
25-8 degree.
25-9 Sec. 466.310. CERTAIN TRANSFERS OF CLAIMS. (a) A person
25-10 commits an offense if the person:
25-11 (1) induces another person to assign or transfer a
25-12 right to claim a prize;
25-13 (2) offers for sale the right to claim a prize; or
25-14 (3) offers, for compensation, to claim the prize of
25-15 another person.
25-16 (b) An offense under this section is a felony of the third
25-17 degree, unless it is shown on the trial of the offense that the
25-18 prize involved is greater than $10,000, in which event the offense
25-19 is a felony of the second degree.
25-20 Sec. 466.311. REPORTING AND RECORD VIOLATIONS. (a) A
25-21 person commits an offense if the person, in a license application,
25-22 in a book or record required to be maintained by this chapter or a
25-23 rule adopted under this chapter, or in a report required to be
25-24 submitted by this chapter or a rule adopted under this chapter:
25-25 (1) intentionally or knowingly makes a statement or
25-26 entry that the person knows to be false or misleading; or
25-27 (2) fails to maintain or make an entry the person
25-28 knows is required to be maintained or made.
25-29 (b) A person commits an offense if the person knowingly
25-30 refuses to produce for inspection by the director, comptroller, or
25-31 state auditor a book, record, or document required to be maintained
25-32 or made by this chapter or a rule adopted under this chapter.
25-33 (c) An offense under this section is a Class A misdemeanor.
25-34 Sec. 466.312. FALSE, INCORRECT, OR DECEPTIVE STATEMENT.
25-35 (a) A person commits an offense if the person intentionally,
25-36 knowingly, recklessly, or with criminal negligence makes a material
25-37 and false, incorrect, or deceptive statement to a person conducting
25-38 an investigation or exercising discretion under this chapter or a
25-39 rule adopted under this chapter.
25-40 (b) In this section, "statement" includes:
25-41 (1) a written or oral statement; and
25-42 (2) a sworn or unsworn statement.
25-43 (c) An offense under this section is a Class A misdemeanor.
25-44 Sec. 466.313. Conspiracy. (a) A person commits an offense
25-45 of conspiracy if, with intent that an offense under this chapter be
25-46 committed:
25-47 (1) the person agrees with one or more other persons
25-48 that they or one or more of them engage in conduct that would
25-49 constitute the offense; and
25-50 (2) one or more of the persons agreeing under
25-51 Subdivision (1) performs an overt act in pursuance of the
25-52 agreement.
25-53 (b) An agreement constituting a conspiracy may be inferred
25-54 from acts of the parties.
25-55 (c) It is no defense to prosecution for conspiracy under
25-56 this section that:
25-57 (1) one or more of the coconspirators is not
25-58 criminally responsible for the object offense;
25-59 (2) one or more of the coconspirators has been
25-60 acquitted, so long as at least two coconspirators have not been
25-61 acquitted;
25-62 (3) one or more of the coconspirators has not been
25-63 prosecuted or convicted, has been convicted of a different offense,
25-64 or is immune from prosecution;
25-65 (4) the actor belongs to a class of persons that by
25-66 definition of the object offense is legally incapable of committing
25-67 the object offense in an individual capacity; or
25-68 (5) the object offense was not actually committed.
25-69 (d) An offense under this section is one category lower than
25-70 the most serious offense under this chapter that is the object of
26-1 the conspiracy, and if the most serious offense under this chapter
26-2 that is the object of the conspiracy is a felony of the third
26-3 degree, the offense is a Class A misdemeanor.
26-4 Sec. 466.314. GIFT OR POLITICAL CONTRIBUTION TO OFFICER OR
26-5 EMPLOYEE. (a) The comptroller, the state treasurer, the director,
26-6 or an employee of the division may not knowingly accept a gift or
26-7 political contribution from:
26-8 (1) a person that has a significant financial interest
26-9 in the lottery;
26-10 (2) a person related in the first degree of
26-11 consanguinity or affinity to a person that has a significant
26-12 financial interest in the lottery;
26-13 (3) a person that owns more than a 10 percent interest
26-14 in an entity that has a significant financial interest in the
26-15 lottery;
26-16 (4) a political committee that is directly
26-17 established, administered, or controlled, in whole or in part, by a
26-18 person that has a significant financial interest in the lottery; or
26-19 (5) a person who, within the two years preceding the
26-20 date of the gift or contribution, won a lottery prize exceeding
26-21 $600 in amount or value.
26-22 (b) A person may not knowingly make a gift or political
26-23 contribution to the comptroller, the state treasurer, the director,
26-24 or an employee of the division if the person:
26-25 (1) has a significant financial interest in the
26-26 lottery;
26-27 (2) is related in the first degree of consanguinity or
26-28 affinity to a person that has a significant financial interest in
26-29 the lottery;
26-30 (3) owns more than a 10 percent interest in an entity
26-31 that has a significant financial interest in the lottery;
26-32 (4) is a political committee that is directly
26-33 established, administered, or controlled, in whole or in part, by a
26-34 person that has a significant financial interest in the lottery;
26-35 or
26-36 (5) within the two years preceding the date of the
26-37 gift or contribution, won a lottery prize exceeding $600 in amount
26-38 or value.
26-39 (c) A person commits an offense if the person violates this
26-40 section. An offense under this section is a Class A misdemeanor.
26-41 Sec. 466.315. GIFT OR POLITICAL CONTRIBUTION TO FORMER
26-42 OFFICER OR EMPLOYEE. (a) A former comptroller, former state
26-43 treasurer, former director, or former employee of the division may
26-44 not, before the second anniversary of the date that the person's
26-45 service in office or employment with the division ceases, knowingly
26-46 accept a gift or political contribution from:
26-47 (1) a person that has a significant financial interest
26-48 in the lottery;
26-49 (2) a person related in the first degree of
26-50 consanguinity or affinity to a person that has a significant
26-51 financial interest in the lottery;
26-52 (3) a person that owns more than a 10 percent interest
26-53 in an entity that has a significant financial interest in the
26-54 lottery;
26-55 (4) a political committee that is directly
26-56 established, administered, or controlled, in whole or in part, by a
26-57 person that has a significant financial interest in the lottery; or
26-58 (5) a person who, within the two years preceding the
26-59 date of the gift or contribution, won a lottery prize exceeding
26-60 $600 in amount or value.
26-61 (b) A person may not knowingly make a gift or political
26-62 contribution to a former comptroller, former state treasurer,
26-63 former director, or former employee of the division before the
26-64 second anniversary of the date that the person's service in office
26-65 or employment with the division ceases, if the person:
26-66 (1) has a significant financial interest in the
26-67 lottery;
26-68 (2) is related in the first degree of consanguinity or
26-69 affinity to a person that has a significant financial interest in
26-70 the lottery;
27-1 (3) owns more than a 10 percent interest in an entity
27-2 that has a significant financial interest in the lottery;
27-3 (4) is a political committee that is directly
27-4 established, administered, or controlled, in whole or in part, by a
27-5 person that has a significant financial interest in the lottery;
27-6 or
27-7 (5) within the two years preceding the date of the
27-8 gift or contribution, won a lottery prize exceeding $600 in amount
27-9 or value.
27-10 (c) This section does not apply to a former comptroller or
27-11 former state treasurer who left office on or before August 10,
27-12 1991. This section does not apply to a person who makes a gift or
27-13 political contribution to a former comptroller or former state
27-14 treasurer if the former comptroller or former state treasurer left
27-15 office on or before August 10, 1991.
27-16 (d) A person commits an offense if the person violates this
27-17 section. An offense under this section is a Class A misdemeanor.
27-18 Sec. 466.316. REPRESENTATION BY FORMER OFFICER OR EMPLOYEE.
27-19 (a) A former comptroller, former state treasurer, or former
27-20 director may not:
27-21 (1) for compensation, represent a person that has made
27-22 or intends to make a bid to operate the lottery before the
27-23 comptroller before the second anniversary of the date that the
27-24 person's service in office or employment with the division ceases;
27-25 (2) represent any person or receive compensation for
27-26 services rendered on behalf of any person regarding a particular
27-27 matter in which the former officer or employee participated during
27-28 the period of service or employment with the division, either
27-29 through personal involvement or because the matter was within the
27-30 scope of the officer's or employee's official responsibility; or
27-31 (3) for compensation, communicate directly with a
27-32 member of the legislative branch to influence legislation on behalf
27-33 of a person that has a significant financial interest in the
27-34 lottery, before the second anniversary of the date that the
27-35 person's service in office or employment with the division ceases.
27-36 (b) This section does not apply to a former comptroller or
27-37 former state treasurer who left office on or before August 10,
27-38 1991.
27-39 (c) A person commits an offense if the person violates this
27-40 section. An offense under this section is a Class A misdemeanor.
27-41 (Sections 466.317-466.350 reserved for expansion
27-42 SUBCHAPTER H. REVENUE
27-43 Sec. 466.351. Delivery of Funds. (a) Except as provided by
27-44 Subsection (d), all revenue received from the sale of tickets and
27-45 all money credited to the state lottery account from any other
27-46 source shall be deposited in the state treasury through approved
27-47 state depositories on the settlement day or days established by the
27-48 director.
27-49 (b) The director may require sales agents to establish
27-50 separate electronic funds transfer accounts for the purposes of
27-51 depositing money from ticket sales, making payments to the
27-52 division, and receiving payments from the division. The
27-53 comptroller by rule shall establish the procedures for depositing
27-54 money from ticket sales into electronic funds transfer accounts, as
27-55 well as other procedures regarding the handling of money from
27-56 ticket sales.
27-57 (c) The director may not permit a sales agent to make
27-58 payments to the division or a lottery operator in cash.
27-59 (d) The director may provide for a sales agent to retain
27-60 from the money received from the sale of tickets the amount of
27-61 prizes paid by the agent or the agent's commission, if any, and may
27-62 establish how often the agent will make settlement payments to the
27-63 treasury.
27-64 (e) The director may provide for a sales agent to pay
27-65 amounts received for the sale of tickets directly to an officer or
27-66 employee of the division for immediate deposit in the state
27-67 treasury.
27-68 Sec. 466.352. REPORTING BY SALES AGENT; RECORDS. (a) The
27-69 director may require a sales agent to file with the division
27-70 reports of receipts and transactions relating to the sale of
28-1 tickets in the form and containing the information that the
28-2 director requires.
28-3 (b) Each sales agent shall maintain records adequate to
28-4 establish the disposition of each ticket provided to the sales
28-5 agent, the amounts of money received for the sale of those tickets,
28-6 and any prizes awarded by the sales agent.
28-7 Sec. 466.353. LIABILITY OF SALES AGENT. (a) A sales agent
28-8 is liable to the division for all tickets accepted or generated by
28-9 the sales agent or any employee or agent of the sales agent, and
28-10 tickets shall be deemed to have been purchased by the sales agent
28-11 unless returned to the division within the time and manner
28-12 prescribed by the division.
28-13 (b) Money received by a sales agent from the sales of
28-14 tickets, less the amount retained for prizes paid by the sales
28-15 agent or for the agent's commission, if any, together with any
28-16 unsold tickets, shall be held in trust for the benefit of the state
28-17 before delivery to a lottery operator or the division or electronic
28-18 transfer to the state treasury, and the sales agent is liable to
28-19 the division for the full amount of the money or unsold tickets so
28-20 held. If the sales agent is not an individual, each officer,
28-21 director, or owner of the sales agent is personally liable to the
28-22 division for the full amount of the money or unsold tickets held in
28-23 trust for the benefit of the state.
28-24 Sec. 466.354. DUTIES OF STATE TREASURER. (a) The state
28-25 treasurer, in consultation with the director, shall establish
28-26 procedures for the efficient implementation and operation of an
28-27 electronic funds transfer system to meet the needs of the director
28-28 under this chapter.
28-29 (b) The state treasurer periodically shall file reports with
28-30 the director providing information regarding the revenue credited
28-31 to the state lottery account, the investments of the money in the
28-32 account, and the distributions made from the account.
28-33 Sec. 466.355. STATE LOTTERY ACCOUNT. (a) The state lottery
28-34 account is a special account in the general revenue fund. The
28-35 account consists of all revenue received from the sale of tickets,
28-36 license and application fees under this chapter, and all money
28-37 credited to the account from any other fund or source under law.
28-38 Interest earned by the state lottery account shall be deposited in
28-39 the unobligated portion of the general revenue fund.
28-40 (b) Money in the state lottery account may be used only for
28-41 the following purposes and shall be distributed as follows:
28-42 (1) the payment of prizes to the holders of winning
28-43 tickets;
28-44 (2) the payment of costs incurred in the operation and
28-45 administration of the lottery, including any fees received by a
28-46 lottery operator, provided that the costs incurred in a fiscal
28-47 biennium may not exceed an amount equal to 15 percent of the gross
28-48 revenue accruing from the sale of tickets in that biennium;
28-49 (3) the transfer of amounts to the state lottery
28-50 stabilization fund as provided by Section 466.356; and
28-51 (4) the balance, after creation of a reserve
28-52 sufficient to pay the amounts provided by Subdivisions (1) and (2),
28-53 to be transferred to the unobligated portion of the general revenue
28-54 fund, on or before the 15th day of each month.
28-55 (c) Notwithstanding Subsection (b)(2), before September 1,
28-56 1993, the costs incurred in the operation and administration of the
28-57 lottery in the fiscal biennium beginning September 1, 1991, may be
28-58 more than 15 percent but not more than 20 percent of the gross
28-59 revenue from the sale of tickets in that biennium. This subsection
28-60 expires January 1, 1994.
28-61 Sec. 466.356. STATE LOTTERY STABILIZATION FUND. (a) The
28-62 state lottery stabilization fund is a special fund in the state
28-63 treasury. The fund consists of revenue credited to the fund from
28-64 the state lottery account as provided by Subsection (b). Interest
28-65 earned by the state lottery stabilization fund shall be deposited
28-66 in the unobligated portion of the general revenue fund.
28-67 (b) For each month in which the monthly estimate of net
28-68 lottery revenue exceeds $10 million and the net lottery revenue
28-69 equals or exceeds the monthly estimate of net lottery revenue, the
28-70 comptroller shall transfer $10 million plus the amount by which the
29-1 net lottery revenue exceeds the monthly estimate of net lottery
29-2 revenue from the state lottery account to the state lottery
29-3 stabilization fund.
29-4 (c) Money in the state lottery stabilization fund shall be
29-5 distributed only as follows:
29-6 (1) if in any month the net lottery revenue is less
29-7 than 90 percent of the monthly estimate of net lottery revenue, an
29-8 amount equal to the difference between the monthly estimate of net
29-9 lottery revenue and the net lottery revenue shall be transferred to
29-10 the unobligated portion of the general revenue fund; and
29-11 (2) on the first day of each fiscal biennium, one-half
29-12 of the balance in the state lottery stabilization fund shall be
29-13 transferred to the unobligated portion of the general revenue fund.
29-14 (d) In this section:
29-15 (1) "Annual estimate of net lottery revenue" means the
29-16 estimated amount of net lottery revenue for a fiscal year, as
29-17 determined by the comptroller for purposes of the biennial revenue
29-18 estimate required by Article III, Section 49a, of the Texas
29-19 Constitution.
29-20 (2) "Gross lottery revenue" means the sum of:
29-21 (A) the gross revenue from the sale of tickets;
29-22 and
29-23 (B) license and application fees collected under
29-24 this chapter.
29-25 (3) "Monthly estimate of net lottery revenue" means an
29-26 amount equal to one-twelfth the annual estimate of net lottery
29-27 revenue for the fiscal year that includes the month for which the
29-28 monthly estimate is made.
29-29 (4) "Net lottery revenue" means the gross lottery
29-30 revenue minus the amounts distributed or obligated for a purpose
29-31 described by Sections 466.355(b)(1) and (b)(2).
29-32 (e) Notwithstanding Subsection (b) and Section
29-33 466.355(b)(4), the initial transfer of revenue from the state
29-34 lottery account to the unobligated portion of the general revenue
29-35 fund and the state lottery stabilization fund under those
29-36 subsections shall be made on the 15th day of the month following
29-37 the month in which the earlier of the following occurs:
29-38 (1) the first ticket is sold to a player under this
29-39 chapter; or
29-40 (2) the director receives liquidated damages or a
29-41 payment under a performance bond under a contract with a lottery
29-42 operator.
29-43 (f) Notwithstanding Subsection (b), the first transfer from
29-44 the state lottery account to the state lottery stabilization fund
29-45 may not be made before September 1, 1993. Notwithstanding
29-46 Subsection (c)(1), the first transfer from the state lottery
29-47 stabilization fund to the unobligated portion of the general
29-48 revenue fund may not be made before December 1, 1993.
29-49 (g) Notwithstanding Subsection (d), the monthly estimate of
29-50 net lottery revenue for the month following the month in which the
29-51 first ticket is sold to a player and for each of the subsequent
29-52 months in that fiscal year is the amount of estimated net lottery
29-53 revenue for that fiscal year included in the comptroller's revenue
29-54 estimate under Article III, Section 49a, of the Texas Constitution
29-55 for the biennium ending August 31, 1993, divided by the number of
29-56 whole months remaining in the fiscal year after the month in which
29-57 the first ticket is sold to a player. If the comptroller's revenue
29-58 estimate for the fiscal biennium ending August 31, 1993, does not
29-59 include revenue from a state-operated lottery, all net lottery
29-60 revenue for that biennium shall be credited to the state lottery
29-61 stabilization fund.
29-62 (h) Subsections (e) through (g) and this subsection expire
29-63 January 1, 1994.
29-64 Sec. 466.357. APPLICABILITY OF CONSTITUTIONAL PROVISIONS.
29-65 For purposes of Article III, Section 49a, and Article VIII, Section
29-66 22, of the Texas Constitution:
29-67 (1) funds received from the operation of a lottery are
29-68 not revenue; and
29-69 (2) expenses of operating the lottery and paying
29-70 prizes are not expenses of state government.
30-1 Sec. 466.358. COMPENSATION OF SALES AGENT. (a) The
30-2 director and each lottery operator shall determine the compensation
30-3 to be paid to sales agents for the sale of tickets as provided by
30-4 this section. The compensation paid to a sales agent may not be an
30-5 amount less than five percent of the retail price of the tickets
30-6 sold plus, at the discretion of the director or lottery operator
30-7 supervising the lottery game involved, an incentive bonus based on
30-8 attainment of sales volume, the redemption of winning tickets, or
30-9 other objectives specified by the director or lottery operator for
30-10 each type of lottery.
30-11 (b) The division or a lottery operator may run sales agent
30-12 incentive games for sales agents using the incentive bonus amount
30-13 or other amounts allocated by the director as compensation for
30-14 sales agents.
30-15 Sec. 466.359. COMPENSATION OF SALES AGENT FOR PURPOSES OF
30-16 CONTRACTUAL RENTAL PAYMENT. If a sales agent's rental payments for
30-17 premises are contractually computed in whole or in part on the
30-18 basis of a percentage of the lessee's retail sales and if the
30-19 computation of the lessee's rental payment is not explicitly
30-20 defined to include sales of tickets in a state-operated lottery,
30-21 the compensation received by the sales agent from the lottery is
30-22 considered to be the net amount of the lessee's retail sales of
30-23 tickets for the purpose of computing the rental payment.
30-24 (Sections 466.360-466.400 reserved for expansion
30-25 SUBCHAPTER I. PRIZES
30-26 Sec. 466.401. TICKET VALIDATION; DRAWINGS. (a) The
30-27 department of security shall supervise ticket validation and
30-28 lottery drawings.
30-29 (b) If a lottery game involves a drawing, the drawing must
30-30 be open to the public. An independent certified public accountant
30-31 must witness the drawing.
30-32 (c) An employee of the division and the independent
30-33 certified public accountant witnessing the drawing shall inspect
30-34 any equipment used in the drawing. The equipment must be inspected
30-35 immediately before and after the drawing. The drawing and
30-36 inspections must be recorded on video and audio tape.
30-37 Sec. 466.402. PAYMENT OF PRIZES GENERALLY. (a) The
30-38 director may authorize prizes to be paid by warrants to be drawn on
30-39 the state lottery account.
30-40 (b) The payment of a prize in an amount of $600 or more may
30-41 be made only by the director.
30-42 (c) The director may authorize a sales agent to pay a prize
30-43 in an amount less than $600 after performing procedures to validate
30-44 the winning ticket as required by the director. A prize paid under
30-45 this subsection is not required to be paid by warrant on the state
30-46 lottery account.
30-47 (d) The state is discharged of all further liability on the
30-48 payment of a prize under Section 466.403, 466.404, 466.406, or
30-49 466.407 or this section or under any additional procedures
30-50 established by rule.
30-51 Sec. 466.403. PAYMENT OF PRIZE IN INSTALLMENTS. If the
30-52 director determines that prize money is to be paid in installments,
30-53 the state treasurer shall invest funds from the state lottery
30-54 account as necessary to ensure the payment of the installments.
30-55 The investments may be in securities, annuities, or other
30-56 instruments as determined by the treasurer.
30-57 Sec. 466.404. PAYMENT OF PRIZE TO MULTIPLE WINNERS. (a) A
30-58 specific prize as set forth by the prize structure of a specific
30-59 lottery game may not be paid more than once. If the director
30-60 determines that more than one claimant has been awarded a specific
30-61 unpaid prize in a specific lottery game, each claimant is entitled
30-62 only to an equal share of the prize.
30-63 (b) The director shall pay the cash equivalent of a prize
30-64 other than prize money if more than one person is entitled to share
30-65 the prize as provided by Subsection (a).
30-66 Sec. 466.405. PAYMENT OF PRIZE AWARDED TO MINOR. (a) If a
30-67 minor is entitled to prize money on a winning ticket in an amount
30-68 less than $600, the director may make payment by delivery to an
30-69 adult member of the minor's family, or to the minor's guardian, of
30-70 a warrant payable to the order of the minor.
31-1 (b) If a minor is entitled to prize money on a winning
31-2 ticket in an amount of $600 or more, the director may direct
31-3 payment to the minor by depositing the amount of the prize in any
31-4 bank to the credit of an adult member of the minor's family or of
31-5 the minor's guardian as custodian for the minor.
31-6 (c) The director shall pay the cash equivalent of a prize
31-7 other than prize money if the person entitled to claim the prize is
31-8 a minor. Payment of the cash equivalent of a prize other than
31-9 prize money to a minor shall be made as provided by Subsections (a)
31-10 and (b).
31-11 (d) A person designated to receive payment on behalf of a
31-12 minor has the powers and duties of a custodian under Chapter 141,
31-13 Property Code.
31-14 (e) In this section, "adult," "bank," "custodian,"
31-15 "guardian," "member of a minor's family," and "minor" have the
31-16 meanings assigned by Section 141.002, Property Code.
31-17 Sec. 466.406. RIGHT TO PRIZE NOT ASSIGNABLE. (a) Except as
31-18 otherwise provided by this section, the right of any person to a
31-19 prize is not assignable.
31-20 (b) Payment of a prize may be made to the estate of a
31-21 deceased prizewinner.
31-22 (c) A prize to which a winner is otherwise entitled may be
31-23 paid to any person under an appropriate judicial order.
31-24 Sec. 466.407. DEDUCTIONS FROM PRIZES. (a) The director
31-25 shall deduct the amount of a delinquent tax or other money from the
31-26 winnings of a person who has been finally determined to be:
31-27 (1) delinquent in the payment of a tax or other money
31-28 collected by the comptroller, the state treasurer, or the Texas
31-29 Alcoholic Beverage Commission;
31-30 (2) delinquent in making child support payments
31-31 administered or collected by the attorney general; or
31-32 (3) in default on a loan guaranteed under Chapter 57,
31-33 Education Code.
31-34 (b) If a person's winnings exceed a delinquency under
31-35 Subsection (a), the director shall pay the balance to the person.
31-36 The director shall transfer the amount deducted to the appropriate
31-37 agency.
31-38 (c) The attorney general, state treasurer, Texas Alcoholic
31-39 Beverage Commission, and Texas Guaranteed Student Loan Corporation
31-40 shall each provide the director with a report of persons who have
31-41 been finally determined to be delinquent in the payment of a tax or
31-42 other money collected by the agency. The comptroller shall adopt
31-43 rules regarding the form and frequency of reports under this
31-44 subsection.
31-45 Sec. 466.408. UNCLAIMED PRIZES. (a) The division shall
31-46 retain an unclaimed prize on a winning ticket for payment or
31-47 delivery to the person entitled to the prize for 180 days after the
31-48 date on which the winner was selected.
31-49 (b) If a claim is not made for prize money on or before the
31-50 180th day after the date on which the winner was selected, the
31-51 prize money shall be used to provide additional money to the state
31-52 lottery account for the purposes prescribed by Section
31-53 466.355(b)(1).
31-54 (c) If a claim is not made for a prize other than prize
31-55 money on or before the 180th day after the date on which the winner
31-56 was selected, the prize shall revert to the division for use in
31-57 subsequent games.
31-58 (d) A ticket holder forfeits any claim or entitlement to a
31-59 prize after the expiration of the 180th day after the date on which
31-60 the prizewinner was selected.
31-61 (c) Section 2, Chapter 6, Acts of the 72nd Legislature, 1st
31-62 Called Session, 1991 (Article 179g, Vernon's Texas Civil Statutes),
31-63 is repealed.
31-64 SECTION 4.04. Section 47.02(c), Penal Code, is amended to
31-65 correct a reference to read as follows:
31-66 (c) It is a defense to prosecution under this section that
31-67 the actor reasonably believed that the conduct:
31-68 (1) was permitted under the Bingo Enabling Act
31-69 (Article 179d, Vernon's Texas Civil Statutes);
31-70 (2) was permitted under the Charitable Raffle Enabling
32-1 Act (Article 179f, Revised Statutes); or
32-2 (3) consisted entirely of participation in the state
32-3 lottery authorized by Chapter 466, Government Code <the State
32-4 Lottery Act>.
32-5 SECTION 4.05. Section 47.06(g), Penal Code, is amended to
32-6 correct a reference to read as follows:
32-7 (g) It is a defense to prosecution for an offense under this
32-8 chapter that the conduct was authorized, directly or indirectly, by
32-9 Chapter 466, Government Code <the State Lottery Act>, the lottery
32-10 division in the office of the comptroller, the comptroller, or the
32-11 director of the lottery division.
32-12 SECTION 4.06. Section 47.14, Penal Code, is amended to
32-13 correct a reference to read as follows:
32-14 Sec. 47.14. STATE LOTTERY. It is a defense to prosecution
32-15 for an offense under this chapter that the conduct:
32-16 (1) consisted entirely of participation in the state
32-17 lottery authorized by Chapter 466, Government Code <the State
32-18 Lottery Act>; or
32-19 (2) was a necessary incident to the operation of the
32-20 state lottery and was authorized, directly or indirectly, by
32-21 Chapter 466, Government Code <the State Lottery Act>, the lottery
32-22 division in the office of the comptroller, the comptroller, or the
32-23 director of the lottery division.
32-24 SECTION 4.07. Article 2.12, Code of Criminal Procedure, is
32-25 amended to correct references to read as follows:
32-26 Art. 2.12. Who Are Peace Officers. The following are peace
32-27 officers:
32-28 (1) sheriffs and their deputies;
32-29 (2) constables and deputy constables;
32-30 (3) marshals or police officers of an incorporated
32-31 city, town, or village;
32-32 (4) rangers and officers commissioned by the Public
32-33 Safety Commission and the Director of the Department of Public
32-34 Safety;
32-35 (5) investigators of the district attorneys', criminal
32-36 district attorneys', and county attorneys' offices;
32-37 (6) law enforcement agents of the Texas Alcoholic
32-38 Beverage Commission;
32-39 (7) each member of an arson investigating unit
32-40 commissioned by a city, a county, or the state;
32-41 (8) officers commissioned under Subchapter E, Chapter
32-42 51, Education Code;
32-43 (9) officers commissioned by the <State Purchasing
32-44 and> General Services Commission;
32-45 (10) law enforcement officers commissioned by the
32-46 Parks and Wildlife Commission;
32-47 (11) airport police officers commissioned by a city
32-48 with a population of more than one million, according to the most
32-49 recent federal census, that operates an airport that serves
32-50 commercial air carriers;
32-51 (12) airport security personnel commissioned as peace
32-52 officers by the governing body of any political subdivision of this
32-53 state, other than a city described by Subdivision (11), that
32-54 operates an airport that serves commercial air carriers;
32-55 (13) municipal park and recreational patrolmen and
32-56 security officers;
32-57 (14) security officers commissioned as peace officers
32-58 by the State Treasurer;
32-59 (15) officers commissioned by a water control and
32-60 improvement district under Section 51.132, Water Code;
32-61 (16) officers commissioned by a board of trustees
32-62 under Chapter 341, Acts of the 57th Legislature, Regular Session,
32-63 1961 (Article 1187f, Vernon's Texas Civil Statutes);
32-64 (17) investigators commissioned by the Texas State
32-65 Board of Medical Examiners;
32-66 (18) officers commissioned by the board of managers of
32-67 the Dallas County Hospital District, the Tarrant County Hospital
32-68 District, or the Bexar County Hospital District under Section
32-69 281.057, Health and Safety Code;
32-70 (19) county park rangers commissioned under Subchapter
33-1 E, Chapter 351, Local Government Code;
33-2 (20) investigators employed by the Texas Racing
33-3 Commission;
33-4 (21) officers commissioned by the State Board of
33-5 Pharmacy;
33-6 (22) officers commissioned by the governing body of a
33-7 metropolitan rapid transit authority under Section 13, Chapter 141,
33-8 Acts of the 63rd Legislature, Regular Session, 1973 (Article 1118x,
33-9 Vernon's Texas Civil Statutes), or by a regional transportation
33-10 authority under Section 10, Chapter 683, Acts of the 66th
33-11 Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
33-12 Civil Statutes);
33-13 (23) officers commissioned by the Texas High-Speed
33-14 Rail Authority;
33-15 (24) investigators commissioned by the attorney
33-16 general under Section 402.009, Government Code; and
33-17 (25) security officers and investigators commissioned
33-18 as peace officers under Chapter 466, Government Code <the State
33-19 Lottery Act>.
33-20 SECTION 4.08. Section 111.0047(a), Tax Code, is amended to
33-21 correct references to read as follows:
33-22 (a) If a person fails to comply with any provision of this
33-23 title, with any provision of Chapter 466, Government Code <the
33-24 State Lottery Act>, or with a rule of the comptroller adopted under
33-25 this title or Chapter 466, Government Code <the State Lottery Act>,
33-26 the comptroller, after a hearing, may revoke or suspend any permit
33-27 or license issued to the person.
33-28 SECTION 4.09. Section 111.0048(a), Tax Code, is amended to
33-29 correct references to read as follows:
33-30 (a) A new permit or license may not be issued to a former
33-31 holder of a revoked permit or license unless the comptroller is
33-32 satisfied that the person will comply with the provisions of this
33-33 title and Chapter 466, Government Code <the State Lottery Act> and
33-34 the rules of the comptroller relating to this title and Chapter
33-35 466, Government Code <the State Lottery Act>.
33-36 SECTION 4.10. Section 499.025(b), Government Code, as
33-37 amended by Chapters 16 and 655, Acts of the 72nd Legislature,
33-38 Regular Session, 1991, and Chapter 10, Acts of the 72nd
33-39 Legislature, 2nd Called Session, 1991, is reenacted to read as
33-40 follows:
33-41 (b) If the inmate population of the institutional division
33-42 reaches 95 percent of capacity or, if the attorney general has
33-43 authorized an increase in the permissible percentage of capacity
33-44 under Section 499.109, the inmate population reaches that increased
33-45 permissible percentage, the director shall immediately notify the
33-46 executive director, the board, and the attorney general in writing
33-47 of that fact. The attorney general shall certify to the board in
33-48 writing as to whether the institutional division has reached 95
33-49 percent of capacity or, if applicable, the increased permissible
33-50 percentage. If the attorney general certifies that 95 percent of
33-51 capacity has been reached or, if applicable, that the increased
33-52 permissible percentage has been reached, the board shall
33-53 immediately certify that an emergency overcrowding situation exists
33-54 and direct the Board of Pardons and Paroles to proceed in the
33-55 manner described by Subsection (c). If the Commission on Jail
33-56 Standards determines that in any county jail in this state there
33-57 exists an inmate awaiting transfer to the institutional division
33-58 following conviction of a felony or revocation of probation,
33-59 parole, or release on mandatory supervision and for whom all
33-60 paperwork and processing required for transfer have been completed
33-61 for not less than 45 days, the board may direct the Board of
33-62 Pardons and Paroles to proceed in the manner described by
33-63 Subsection (c).
33-64 SECTION 4.11. (a) Section 771.002(3), Government Code, is
33-65 amended to conform to Section 29, Chapter 641, Acts of the 72nd
33-66 Legislature, Regular Session, 1991, to read as follows:
33-67 (3) "Resources" means materials and<,> equipment<, and
33-68 supplies>.
33-69 (b) Sections 771.003, 771.004, 771.006, 771.007, and
33-70 771.008, Government Code, are amended to conform to Sections 29 and
34-1 30, Chapter 641, Acts of the 72nd Legislature, Regular Session,
34-2 1991, to read as follows:
34-3 Sec. 771.003. AUTHORITY TO CONTRACT; EXCEPTIONS. (a) A
34-4 state agency may agree or contract with another state agency for
34-5 the provision <furnishing> of necessary and authorized services and
34-6 resources.
34-7 (b) A state agency may not construct a highway, road,
34-8 building, or other structure for another agency under this chapter,
34-9 except that the State Department of Highways and Public
34-10 Transportation may enter into an interagency agreement with a state
34-11 college, university, or public junior college <providing> for the
34-12 maintenance, improvement, relocation, or extension of existing
34-13 on-campus streets, parking lots, and access-ways.
34-14 (c) A state agency may not provide <supply> services or
34-15 resources to another agency that are required by Article XVI,
34-16 Section 21, of the Texas Constitution to be provided <supplied>
34-17 under a contract awarded <given> to the lowest responsible bidder.
34-18 Sec. 771.004. CONTRACT REQUIREMENTS; EXCEPTIONS.
34-19 (a) Before a state agency may provide <furnish> or receive a
34-20 service or resource under this chapter, the agency must have
34-21 entered into a written agreement or contract that has been approved
34-22 by the administrator of each agency that is a party to the
34-23 agreement or contract and by the commission.
34-24 (b) The agreement or contract must specify:
34-25 (1) the kind and amount of services or resources to be
34-26 provided <furnished>;
34-27 (2) the basis for computing reimbursable costs; and
34-28 (3) the maximum cost during the period of the
34-29 agreement or contract.
34-30 (c) A written agreement or contract and advance approval by
34-31 the commission are not required:
34-32 (1) in an emergency for the defense or safety of the
34-33 civil population or in the planning and preparation for those
34-34 emergencies;
34-35 (2) in cooperative efforts, proposed by the governor,
34-36 for the economic development of the state; or
34-37 (3) in a situation in which the amount involved is
34-38 less than $2,500.
34-39 Sec. 771.006. <EQUIPMENT> PURCHASES AND SUBCONTRACTS OF
34-40 SERVICES AND RESOURCES. A contract under this chapter may
34-41 authorize an <permit a furnishing> agency providing services and
34-42 resources to subcontract and purchase the services and resources
34-43 <equipment> to the extent considered appropriate by the commission.
34-44 Sec. 771.007. REIMBURSEMENT AND ADVANCEMENT OF COSTS.
34-45 (a) A state agency that receives services or resources under this
34-46 chapter shall reimburse each state agency providing <supplying> the
34-47 services or resources the actual cost of providing <furnishing> the
34-48 services or resources, or the nearest practicable estimate of that
34-49 cost. Reimbursement is not required if<, unless> the services or
34-50 resources are provided <furnished>:
34-51 (1) for national defense or disaster relief; or
34-52 (2) in cooperative efforts, proposed by the governor,
34-53 to promote the economic development of the state.
34-54 (b) A state agency that receives services or resources under
34-55 this chapter may advance federal funds to a state agency providing
34-56 <supplying> the services or resources if the agency receiving the
34-57 services or resources determines that the advance would facilitate
34-58 the implementation of a federally funded program.
34-59 (c) A state agency that receives services or resources under
34-60 this chapter may advance funds to the state agency providing the
34-61 services or resources if an advance is necessary to enable the
34-62 providing agency to provide the services or resources. If an
34-63 advance is made under this section, the agencies shall ensure after
34-64 the services or resources are provided that the providing agency
34-65 has received only sufficient funds to reimburse its total costs.
34-66 An advance of funds is a reimbursement for the purpose of Section
34-67 771.008.
34-68 Sec. 771.008. REIMBURSEMENT <PAYMENT> PROCEDURES. (a) An
34-69 agency shall reimburse an agency <pay> for the services or
34-70 resources provided <received under this chapter> with a voucher
35-1 payable to the providing <furnishing> agency or electronically as
35-2 prescribed by the uniform statewide accounting system. The voucher
35-3 or electronic transfer must be drawn on the appropriation item or
35-4 account of the receiving agency from which the agency would
35-5 ordinarily make expenditures for similar services or resources. A
35-6 receiving agency may authorize a providing agency to gain access to
35-7 the receiving agency's appropriation items or accounts for
35-8 reimbursements under this chapter.
35-9 (b) A reimbursement <payment> received by an agency for
35-10 services or resources provided <furnished> under this chapter shall
35-11 be credited to the appropriation items or accounts from which the
35-12 agency's expenditures for the <furnished> services or resources
35-13 were made.
35-14 (c) A payment for an intraagency transaction is accounted
35-15 for in the same manner as an interagency transaction or an
35-16 interdivisional transfer of money on the records of the agency,
35-17 subject to the applicable provisions of the General Appropriations
35-18 Act.
35-19 (d) The commission shall audit a reimbursement under this
35-20 chapter for compliance with the contract after the reimbursement
35-21 has been completed. If the commission determines that an
35-22 unauthorized reimbursement has occurred, the commission shall
35-23 notify the comptroller. On receipt of the notification, the
35-24 comptroller shall return the reimbursement to the receiving
35-25 agency's appropriation items or accounts. To the extent
35-26 practicable, the comptroller must return a reimbursement to the
35-27 item or account from which the reimbursement was made.
35-28 (c) Sections 29 and 30, Chapter 641, Acts of the 72nd
35-29 Legislature, Regular Session, 1991, are repealed.
35-30 SECTION 4.12. (a) Title 7, Government Code, is amended to
35-31 codify Chapter 427, Acts of the 72nd Legislature, Regular Session,
35-32 1991 (Article 5190.13, Vernon's Texas Civil Statutes), by adding
35-33 Chapter 764 to read as follows:
35-34 CHAPTER 764. TRI-STATE CORRIDOR COMMISSION
35-35 Sec. 764.001. TRI-STATE CORRIDOR COMMISSION MEMBERSHIP.
35-36 (a) The Tri-State Corridor Commission consists of 12 members.
35-37 (b) The political subdivisions in the area the commission
35-38 serves shall jointly appoint nine voting members to the commission.
35-39 The state highway departments of Texas, Arkansas, and Louisiana
35-40 shall each appoint one nonvoting member to the commission.
35-41 (c) Members of the commission serve without compensation.
35-42 Sec. 764.002. POWERS AND DUTIES. (a) The commission shall
35-43 make recommendations to the municipal, county, and state
35-44 governments on the promotion of the economic, industrial, tourist,
35-45 and highway development of the following area:
35-46 (1) Marion, Cass, and Bowie counties in Texas;
35-47 (2) Miller and Little River counties in Arkansas; and
35-48 (3) Caddo Parish in Louisiana.
35-49 (b) The commission may accept gifts or grants from any
35-50 source to pay operating expenses of the commission.
35-51 (c) The commission has all powers necessary and may adopt
35-52 rules to carry out the purposes of this chapter.
35-53 Sec. 764.003. APPLICABLE LAW. The commission is subject to
35-54 the law of Texas, Arkansas, Louisiana, and the United States
35-55 relating to open meetings and public records.
35-56 Sec. 764.004. APPROPRIATIONS. The legislature may not
35-57 appropriate money to the commission.
35-58 (b) Chapter 427, Acts of the 72nd Legislature, Regular
35-59 Session, 1991 (Article 5190.13, Vernon's Texas Civil Statutes), is
35-60 repealed.
35-61 SECTION 4.13. (a) Chapter 772, Government Code, is amended
35-62 to codify Chapter 429, Acts of the 61st Legislature, Regular
35-63 Session, 1969 (Article 1269l-2.1, Vernon's Texas Civil Statutes),
35-64 by adding Section 772.008 to read as follows:
35-65 Sec. 772.008. PLANNING ASSISTANCE FOR POLITICAL
35-66 SUBDIVISIONS. (a) The governor may, on request of the governing
35-67 body of a political subdivision or the authorized agency of a group
35-68 of political subdivisions:
35-69 (1) arrange planning assistance, including surveys,
35-70 community renewal plans, technical services, and other planning;
36-1 and
36-2 (2) arrange for a study or report on a planning
36-3 problem submitted to the governor.
36-4 (b) The governor and the governing body may agree on the
36-5 amount, if any, to be paid to the governor's office for planning
36-6 services.
36-7 (c) The governor may apply for and accept grants from, and
36-8 contract with, the federal government or other sources for any
36-9 planning assistance, study, or report under this section.
36-10 (d) The governor may use the regular functions of the office
36-11 of the governor or another state agency in providing planning
36-12 assistance under this section.
36-13 (e) The governor may exercise powers under this section
36-14 through a designated representative.
36-15 (b) Chapter 429, Acts of the 61st Legislature, Regular
36-16 Session, 1969 (Article 1269l-2.1, Vernon's Texas Civil Statutes),
36-17 is repealed.
36-18 ARTICLE 5. CHANGES RELATING TO HEALTH AND SAFETY CODE
36-19 SECTION 5.01. (a) Sections 106.001, 106.002, and 106.009,
36-20 Health and Safety Code, are designated as SUBCHAPTER A. GENERAL
36-21 PROVISIONS.
36-22 (b) Sections 106.003-106.008, Health and Safety Code, are
36-23 designated as SUBCHAPTER B. ADMINISTRATIVE PROVISIONS, and are
36-24 redesignated as Sections 106.021-106.026.
36-25 (c) Section 106.009, Health and Safety Code, is redesignated
36-26 as Section 106.003.
36-27 (d) Chapter 106, Health and Safety Code, is amended to
36-28 codify Article 4414b-1.1, Revised Statutes, and Section 4(d),
36-29 Article 4414b-1, Revised Statutes, by adding Subchapter C to read
36-30 as follows:
36-31 SUBCHAPTER C. OUTSTANDING RURAL SCHOLAR RECOGNITION
36-32 AND LOAN PROGRAM
36-33 Sec. 106.041. DEFINITIONS. In this subchapter:
36-34 (1) "Advisory committee" means the outstanding rural
36-35 scholar advisory committee.
36-36 (2) "Fund" means the outstanding rural scholar fund.
36-37 (3) "Postsecondary educational institution" means:
36-38 (A) an institution of higher education, as
36-39 defined by Section 61.003, Education Code;
36-40 (B) a nonprofit, independent institution
36-41 approved under Section 61.222, Education Code; or
36-42 (C) a nonprofit, health-related school or
36-43 program accredited by the Southern Association of Colleges and
36-44 Schools, the Liaison Committee on Medical Education, the American
36-45 Osteopathic Association, the Board of Nurse Examiners, the Board of
36-46 Vocational Nurse Examiners, or, in the case of allied health, an
36-47 accrediting body recognized by the United States Department of
36-48 Education.
36-49 (4) "Program" means the outstanding rural scholar
36-50 recognition and loan program.
36-51 (5) "Rural community" means a municipality in a
36-52 nonmetropolitan county as defined by the United States Census
36-53 Bureau in its most recent census.
36-54 Sec. 106.042. ADMINISTRATION. The center shall administer
36-55 or contract for the administration of the program.
36-56 Sec. 106.043. ADVISORY COMMITTEE. (a) The advisory
36-57 committee shall advise the executive committee on the progress of
36-58 the program.
36-59 (b) The advisory committee is composed of 12 members
36-60 appointed by the executive committee and must include:
36-61 (1) a rural practicing family practice physician;
36-62 (2) a rural hospital administrator;
36-63 (3) a rural practicing registered professional nurse;
36-64 (4) a rural practicing allied health professional;
36-65 (5) a dean of a medical school;
36-66 (6) a dean of a nursing school;
36-67 (7) a dean of a school of allied health science;
36-68 (8) a head of a vocational/technical institution;
36-69 (9) a community college administrator;
36-70 (10) an individual knowledgeable in student financial
37-1 assistance programs;
37-2 (11) a rural public school superintendent; and
37-3 (12) a rural resident.
37-4 (c) The executive committee shall consider geographical
37-5 representation in making appointments to the advisory committee.
37-6 (d) Advisory committee members serve for staggered six-year
37-7 terms, with the term of four members expiring August 31 of each
37-8 odd-numbered year. A member is eligible for reappointment to
37-9 consecutive terms.
37-10 (e) The executive committee shall fill a vacancy on the
37-11 advisory committee in the same manner as other appointments to the
37-12 advisory committee.
37-13 (f) A member of the advisory committee is entitled to
37-14 reimbursement for expenses incurred in performing duties under this
37-15 subchapter in amounts not to exceed the amounts specified in the
37-16 General Appropriations Act for travel and per diem allowances for
37-17 state employees.
37-18 (g) The advisory committee may:
37-19 (1) elect a chairman, vice-chairman, and secretary
37-20 from among its members; and
37-21 (2) adopt rules for the conduct of its activities.
37-22 Sec. 106.044. SELECTION OF OUTSTANDING RURAL SCHOLARS.
37-23 (a) The advisory committee shall select outstanding rural scholars
37-24 through a statewide competition.
37-25 (b) The advisory committee shall make selections after
37-26 considering:
37-27 (1) the academic credentials of the applicant;
37-28 (2) one or more interviews with the applicant;
37-29 (3) a statement written by the applicant of the
37-30 applicant's reasons for:
37-31 (A) entering the competition and a health care
37-32 profession; and
37-33 (B) wanting to provide health care services to
37-34 rural Texans; and
37-35 (4) the financial support committed to the applicant
37-36 by the applicant's sponsoring community.
37-37 (c) The advisory committee may not use the applicant's
37-38 performance on a standardized test as the sole criterion to
37-39 determine the applicant's selection as an outstanding rural
37-40 scholar.
37-41 (d) The advisory committee shall recommend to the executive
37-42 committee guidelines to be used by rural communities in the
37-43 selection of students for nomination and sponsorship as outstanding
37-44 rural scholars.
37-45 (e) An outstanding rural scholar receives public recognition
37-46 and a certificate of award and is eligible for a forgivable loan
37-47 under this subchapter.
37-48 Sec. 106.045. ELIGIBILITY FOR OUTSTANDING RURAL SCHOLAR
37-49 COMPETITION. (a) To be eligible to participate in the competition
37-50 under Section 106.044, a high school student or an undergraduate
37-51 student at a postsecondary educational institution must:
37-52 (1) be nominated and sponsored by a rural community,
37-53 which sponsorship must include financial support;
37-54 (2) be a Texas resident under Subchapter B, Chapter
37-55 54, Education Code;
37-56 (3) if the person is a high school student, be in the
37-57 upper 25 percent of the student's high school class if the class
37-58 contains 48 or more students, and intend to enter a postsecondary
37-59 educational institution; and
37-60 (4) if the person is an undergraduate student, be in
37-61 the upper 25 percent of the student's class or have a cumulative
37-62 grade average that is equal to or greater than the equivalent of a
37-63 3.0 on a 4.0 scale, and be enrolled in a postsecondary educational
37-64 institution.
37-65 (b) If a person is neither a high school student nor an
37-66 undergraduate student, the person must be eligible for
37-67 participation in the competition under rules adopted by the
37-68 advisory committee.
37-69 Sec. 106.046. ELIGIBILITY FOR LOANS; RURAL COMMUNITY
37-70 FINANCIAL SUPPORT. (a) For an outstanding rural scholar to be
38-1 eligible for a forgivable loan, community sponsorship must include
38-2 financial support.
38-3 (b) Community financial support consists of a commitment to
38-4 fund 50 percent of the costs of a scholar's tuition, fees,
38-5 educational materials, and living expenses.
38-6 (c) The financial support under this section may be
38-7 satisfied in whole or in part by a grant, a scholarship, or private
38-8 foundation support.
38-9 (d) Evidence of the financial support must be submitted with
38-10 a community's nomination.
38-11 Sec. 106.047. AWARDING OF LOANS. (a) The advisory
38-12 committee shall recommend to the executive committee guidelines for
38-13 the awarding of forgivable loans to outstanding rural scholars.
38-14 (b) The executive committee, acting on the advice of the
38-15 advisory committee, shall award forgivable loans to outstanding
38-16 rural scholars based on the availability of money in the fund.
38-17 (c) If in any year the fund is inadequate to provide loans
38-18 to all eligible applicants, the executive committee shall award
38-19 forgivable loans on a priority basis according to the applicants'
38-20 academic performance, test scores, and other criteria of
38-21 eligibility.
38-22 Sec. 106.048. AMOUNT OF LOAN. (a) On confirmation of an
38-23 outstanding rural scholar's admission to a postsecondary
38-24 educational institution or on receipt of an enrollment report of
38-25 the scholar at a postsecondary educational institution, and a
38-26 certification of the amount of financial support needed, the
38-27 advisory committee annually shall recommend to the executive
38-28 committee that the committee award a forgivable loan to the scholar
38-29 in the amount of 50 percent of the cost of the scholar's tuition,
38-30 fees, educational materials, and living expenses.
38-31 (b) An outstanding rural scholar may receive another grant,
38-32 loan, or scholarship for which the scholar is eligible in addition
38-33 to the receipt of a forgivable loan, except that the total amount
38-34 of funds received may not exceed the reasonable needs of the
38-35 scholar.
38-36 Sec. 106.049. LOAN FORGIVENESS. (a) The principal balance
38-37 and interest for one year of a forgivable loan awarded to an
38-38 outstanding rural scholar must be forgiven for each year the
38-39 scholar practices as a health care professional in the sponsoring
38-40 community.
38-41 (b) The sponsoring community shall report through the
38-42 executive committee to the advisory committee the length of time
38-43 the scholar practices as a health care professional in the
38-44 community.
38-45 (c) If, on the recommendation of the advisory committee, the
38-46 executive committee finds that a sponsoring community is not in
38-47 need of the scholar's services, the executive committee by rule may
38-48 provide for the principal balance and interest of one year of the
38-49 scholar's loan to be forgiven for each year the scholar practices
38-50 in another rural community in this state.
38-51 (d) Any amount of loan principal or interest that is not
38-52 forgiven under this section shall be repaid to the center with
38-53 reasonable collection fees in a timely manner as provided by
38-54 executive committee rule.
38-55 Sec. 106.050. FUND. (a) The outstanding rural scholar fund
38-56 is in the state treasury.
38-57 (b) The fund consists of legislative appropriations, gifts,
38-58 grants, donations, the market value of in-kind contributions, and
38-59 principal and interest payments on forgivable loans deposited to
38-60 the credit of the fund by the center.
38-61 (c) The center shall administer the fund.
38-62 (d) The center, with the recommendation of the advisory
38-63 committee, shall allocate the fund, as available, for forgivable
38-64 loans under this subchapter.
38-65 (e) The center shall deposit any principal and interest
38-66 payments on forgivable loans to the credit of the fund.
38-67 Sec. 106.051. POSTSECONDARY EDUCATIONAL INSTITUTIONS.
38-68 (a) Each postsecondary educational institution shall be provided
38-69 with a list of the outstanding rural scholars and shall be
38-70 encouraged to recruit those scholars.
39-1 (b) A postsecondary educational institution annually shall
39-2 report the progress and performance of each outstanding rural
39-3 scholar to the advisory committee in accordance with the guidelines
39-4 established by the executive committee. A report shall be shared
39-5 with the community sponsoring the scholar.
39-6 Sec. 106.052. ADOPTION AND DISTRIBUTION OF RULES. (a) The
39-7 executive committee shall adopt reasonable rules to enforce the
39-8 requirements, conditions, and limitations under this subchapter.
39-9 (b) The executive committee shall set the rate of interest
39-10 charged on a forgivable loan under this subchapter.
39-11 (c) The executive committee shall adopt rules necessary to
39-12 ensure compliance with the Civil Rights Act of 1964 (42 U.S.C.
39-13 Section 2000d et seq.) concerning nondiscrimination in admissions.
39-14 (d) The executive committee shall distribute to each
39-15 postsecondary educational institution copies of all rules adopted
39-16 under this subchapter.
39-17 (e) The following provisions are repealed:
39-18 (1) Article 4414b-1.1, Revised Statutes; and
39-19 (2) Section 4(d), Article 4414b-1, Revised Statutes.
39-20 SECTION 5.02. (a) Chapter 161, Health and Safety Code, is
39-21 amended to codify Chapter 580, Acts of the 72nd Legislature,
39-22 Regular Session, 1991 (Article 6674v-3a, Revised Statutes), by
39-23 adding Subchapter K to read as follows:
39-24 SUBCHAPTER K. PROHIBITION OF CERTAIN CIGARETTE
39-25 OR TOBACCO PRODUCT ADVERTISING
39-26 Sec. 161.121. DEFINITIONS. In this subchapter:
39-27 (1) "Church" means a facility that is owned by a
39-28 religious organization and that is used primarily for religious
39-29 services.
39-30 (2) "School" means a private or public elementary or
39-31 secondary school.
39-32 (3) "Sign" means an outdoor medium, including a
39-33 structure, display, light device, figure, painting, drawing,
39-34 message, plaque, poster, or billboard, that is:
39-35 (A) used to advertise or inform; and
39-36 (B) visible from the main-traveled way of a
39-37 street or highway.
39-38 (4) "Tobacco product" has the meaning assigned by
39-39 Section 155.001, Tax Code.
39-40 Sec. 161.122. PROHIBITION; EXCEPTIONS. (a) A sign
39-41 containing an advertisement for cigarettes or tobacco products may
39-42 not be located closer than 500 feet to a church or school.
39-43 (b) The measurement of the distance between the sign
39-44 containing an advertisement for cigarettes or tobacco products and
39-45 an institution listed in Subsection (a) is from the nearest
39-46 property line of the institution to a point on a street or highway
39-47 closest to the sign, along street lines and in direct lines across
39-48 intersections.
39-49 (c) This section does not apply to:
39-50 (1) a sign located on or in a facility owned or leased
39-51 by a professional sports franchise or in a facility where
39-52 professional sports events are held at least 10 times during a
39-53 12-month period; or
39-54 (2) a contract for a cigarette or other tobacco
39-55 product advertisement entered into before August 26, 1991.
39-56 (d) In Subsection (c)(1), a "facility" includes a stadium,
39-57 arena, or events center and any land or property owned or leased by
39-58 the professional sports franchise that is connected to or
39-59 immediately contiguous to the stadium, arena, or events center.
39-60 (b) Article 6674v-3a, Revised Statutes, is repealed.
39-61 SECTION 5.03. Section 462.002(c), Health and Safety Code, is
39-62 amended to correct terminology to read as follows:
39-63 (c) A person may initially file a paper with the county
39-64 clerk by the use of reproduced, photocopied, or electronically
39-65 transmitted paper if the person files the original signed copies of
39-66 the paper with the clerk not later than the 72nd hour after the
39-67 hour on which the initial filing is made. If the 72-hour period
39-68 ends on a Saturday, Sunday, or legal holiday, the filing period is
39-69 extended until 4 p.m. on the first succeeding business day. If
39-70 extremely hazardous weather conditions exist or a disaster occurs,
40-1 the presiding judge or magistrate may by written order made each
40-2 day extend the filing period until 4 p.m. on the first succeeding
40-3 business day. The written order must declare that an emergency
40-4 exists because of the weather or the occurrence of a disaster. If
40-5 a person detained under this chapter <code> would otherwise be
40-6 released because the original signed copy of a paper is not filed
40-7 within the 72-hour period but for the extension of the filing
40-8 period under this section, the person may be detained until the
40-9 expiration of the extended filing period. This subsection does not
40-10 affect another provision of this chapter <code> requiring the
40-11 release or discharge of a person.
40-12 SECTION 5.04. Section 672.002(7), Health and Safety Code, is
40-13 amended to conform more closely to the law from which it was
40-14 derived to read as follows:
40-15 (7) "Physician" means a physician licensed by the
40-16 Texas State Board of Medical Examiners or a properly credentialed
40-17 physician who holds a commission in the uniformed services of the
40-18 United States <armed forces> and who is serving on active duty in
40-19 this state.
40-20 SECTION 5.05. If the number, letter, or designation assigned
40-21 by this article conflicts with a number, letter, or designation
40-22 assigned by another Act of the 73rd Legislature, the other Act
40-23 controls, and the number, letter, or designation assigned by this
40-24 article has no effect.
40-25 ARTICLE 6. CHANGES RELATING TO TITLE 7, HEALTH AND SAFETY CODE
40-26 SECTION 6.01. Section 531.002, Health and Safety Code, is
40-27 amended to conform to Section 1, Chapter 569, Acts of the 72nd
40-28 Legislature, Regular Session, 1991, by amending Subdivision (7) and
40-29 adding Subdivisions (16) and (17) to read as follows:
40-30 (7) "Local agency" means:
40-31 (A) a municipality, county, hospital district,
40-32 rehabilitation district, school district, state-supported
40-33 institution of higher education, or state-supported medical school;
40-34 or
40-35 (B) any organizational combination of two or
40-36 more of those <the following> entities<:>
40-37 <(i) a municipality;>
40-38 <(ii) a county;>
40-39 <(iii) a hospital district; or>
40-40 <(iv) a school district>.
40-41 (16) "Business entity" means a sole proprietorship,
40-42 partnership, firm, corporation, holding company, joint-stock
40-43 company, receivership, trust, or any other entity recognized by
40-44 law.
40-45 (17) "Chemical dependency" has the meaning assigned by
40-46 Section 461.002.
40-47 SECTION 6.02. Section 533.007, Health and Safety Code, is
40-48 amended to conform to Section 1, Chapter 379, Acts of the 72nd
40-49 Legislature, Regular Session, 1991, to read as follows:
40-50 Sec. 533.007. ACCESS TO CRIMINAL HISTORY RECORD <CONVICTION>
40-51 INFORMATION; CRIMINAL PENALTY FOR UNLAWFUL DISCLOSURE. (a) The
40-52 department and each community center may receive from a law
40-53 enforcement agency criminal history record information that
40-54 indicates a conviction, probation, arrest warrant, or wanted person
40-55 notice if the person to whom the criminal history record
40-56 information relates:
40-57 (1) is:
40-58 (A) an applicant or employee of the department
40-59 or a community center;
40-60 (B) an applicant or employee of a business or
40-61 <information about the conviction of:>
40-62 <(1) a person who is offered employment that would
40-63 place the person in direct contact with patients with mental
40-64 illness or clients with mental retardation; or>
40-65 <(2) an employee of a> person who contracts with the
40-66 department or a community center to provide residential services to
40-67 patients with mental illness or clients with mental retardation who
40-68 were furloughed or discharged from a department facility or
40-69 community center; or
40-70 (C) a volunteer or an applicant to be a
41-1 volunteer with the department or a community center; and
41-2 (2) would be placed in direct contact with patients
41-3 with mental illness or clients with mental retardation <if the
41-4 employee's duties would place the employee in direct contact with
41-5 the patients or clients>.
41-6 (b) The department shall establish for department facilities
41-7 and community centers a uniform method of obtaining the criminal
41-8 history record <conviction> information. The uniform method must
41-9 require that:
41-10 (1) either a complete set of fingerprints or the
41-11 complete name of the person being investigated be submitted to the
41-12 Department of Public Safety or to another law enforcement agency;
41-13 and
41-14 (2) if fingerprints are submitted, the fingerprints be
41-15 submitted to the Federal Bureau of Investigation for further
41-16 information if a relevant disqualifying record or other substantive
41-17 information is not obtained from a state or local law enforcement
41-18 agency.
41-19 (c) A law enforcement agency may provide to the department
41-20 or a community center criminal history record information <about
41-21 the conviction> of an applicant, employee, or volunteer <a person>
41-22 being investigated only if the information is relevant to the
41-23 person's work duties <current or proposed employment and was
41-24 collected> in accordance with this section. Information <The
41-25 department or community center is not entitled to conviction
41-26 information that is not relevant. Conviction information> is
41-27 relevant <only> if it relates to <a conviction for>:
41-28 (1) a sexual offense;
41-29 (2) a drug-related offense;
41-30 (3) theft; or
41-31 (4) homicide <murder>, assault, battery, or any other
41-32 offense involving personal injury or threat to another person.
41-33 (d) The department or a community center may deny employment
41-34 or volunteer status to an applicant if:
41-35 (1) the department or community center determines that
41-36 the applicant's criminal history record information <a previous
41-37 criminal conviction> indicates that the person <applicant> is not
41-38 qualified or suitable; or
41-39 (2) the applicant fails to provide a complete set of
41-40 fingerprints if the department establishes that method of obtaining
41-41 criminal history record <conviction> information.
41-42 (e) All criminal history record <conviction> information
41-43 received by the department or a community center is privileged
41-44 information and is for the exclusive use of the department and the
41-45 community centers. The information may not be released or
41-46 otherwise disclosed to any other person or agency, except the
41-47 information may be released or disclosed:
41-48 (1) to the contractor employing the person;
41-49 (2) on court order; or
41-50 (3) with the consent of the person being investigated.
41-51 (f) The department or community center shall collect and
41-52 destroy criminal history record <conviction> information relating
41-53 to a person immediately after the department, the community center,
41-54 or a contractor makes a <an employment> decision or takes any
41-55 personnel action relating to the person.
41-56 (g) A person commits an offense if the person releases or
41-57 discloses in violation of this section criminal history record
41-58 <conviction> information received by the department or a community
41-59 center. An offense under this subsection is a felony of the second
41-60 degree.
41-61 (h) The Department of Public Safety is required to provide
41-62 conviction information to the department or a community center only
41-63 if a written agreement provides for the reimbursement of the
41-64 Department of Public Safety for the costs it incurs in providing
41-65 the information.
41-66 (i) The board shall adopt rules relating to the use of
41-67 information obtained under this section, including rules that
41-68 prohibit an adverse personnel action based on arrest warrant or
41-69 wanted persons information received by the department.
41-70 SECTION 6.03. Section 533.035, Health and Safety Code, is
42-1 amended to conform to Section 2, Chapter 569, Acts of the 72nd
42-2 Legislature, Regular Session, 1991, by amending Subsections (b) and
42-3 (c) and adding Subsection (d) to read as follows:
42-4 (b) The department by contract or other method of allocation
42-5 may disburse to a local mental health and mental retardation
42-6 authority department <all> federal mental health <block grant>
42-7 funds and department state funds to be spent in the local service
42-8 area for:
42-9 (1) community mental health and<,> mental
42-10 retardation<, and substance abuse> services; and
42-11 (2) chemical dependency services for persons who are
42-12 dually diagnosed as having both chemical dependency and mental
42-13 illness or mental retardation <to be spent in the local service
42-14 area>.
42-15 (c) A local mental health and mental retardation authority,
42-16 with the department's approval, shall use <by subcontract or other
42-17 method of allocation disburse> the funds received under Subsection
42-18 (b) to provide mental health, mental retardation, and chemical
42-19 dependency <substance abuse> services in the local service area or
42-20 to subcontract for those services.
42-21 (d) A local mental health and mental retardation authority
42-22 shall demonstrate to the department that the services that the
42-23 authority provides directly or through subcontractors and that
42-24 involve state funds comply with relevant state standards.
42-25 SECTION 6.04. Subchapter B, Chapter 533, Health and Safety
42-26 Code, is amended to conform to Section 6, Chapter 627, Acts of the
42-27 72nd Legislature, Regular Session, 1991, by adding Section 533.0415
42-28 to read as follows:
42-29 Sec. 533.0415. MEMORANDUM OF UNDERSTANDING ON INTERAGENCY
42-30 TRAINING. (a) The department, the Texas Department of Human
42-31 Services, the Texas Youth Commission, the Texas Juvenile Probation
42-32 Commission, and the Central Education Agency by rule shall adopt a
42-33 joint memorandum of understanding to develop interagency training
42-34 for the staffs of the agencies involved in the functions of
42-35 assessment, case planning, case management, and in-home or direct
42-36 delivery of services to children, youth, and their families. The
42-37 memorandum must:
42-38 (1) outline the responsibility of each agency in
42-39 coordinating and developing a plan for interagency training on
42-40 individualized assessment and effective intervention and treatment
42-41 services for children and dysfunctional families; and
42-42 (2) provide for the establishment of an interagency
42-43 task force to:
42-44 (A) develop a training program to include
42-45 identified competencies, content, and hours for completion of the
42-46 training with at least 20 hours of training required each year
42-47 until the program is completed;
42-48 (B) design a plan for implementing the program,
42-49 including regional site selection, frequency of training, and
42-50 selection of experienced clinical public and private professionals
42-51 or consultants to lead the training;
42-52 (C) monitor, evaluate, and revise the training
42-53 program, including the development of additional curricula based on
42-54 future training needs identified by staff and professionals; and
42-55 (D) submit a report to the governor, lieutenant
42-56 governor, and speaker of the house of representatives by October 15
42-57 of each even-numbered year.
42-58 (b) The task force consists of:
42-59 (1) one clinical professional and one training staff
42-60 member from each agency, appointed by that agency; and
42-61 (2) 10 private sector clinical professionals with
42-62 expertise in dealing with troubled children, youth, and
42-63 dysfunctional families, two of whom are appointed by each agency.
42-64 (c) The task force shall meet at the call of the department.
42-65 (d) The department shall act as the lead agency in
42-66 coordinating the development and implementation of the memorandum.
42-67 (e) The agencies shall review and by rule revise the
42-68 memorandum not later than August each year.
42-69 SECTION 6.05. Section 533.061(f), Health and Safety Code, is
42-70 amended to conform to Section 2, Chapter 248, Acts of the 72nd
43-1 Legislature, Regular Session, 1991, to read as follows:
43-2 (f) Not later than August 30 of each odd-numbered year, the
43-3 council shall review the plan submitted by the department under
43-4 Section 533.062, make changes the council considers necessary, and
43-5 approve the final plan.
43-6 SECTION 6.06. Sections 533.062(a) and (c), Health and Safety
43-7 Code, are amended to conform to Section 1, Chapter 248, Acts of the
43-8 72nd Legislature, Regular Session, 1991, to read as follows:
43-9 (a) The department shall biennially <annually> plan for the
43-10 creation of new beds in the ICF-MR program.
43-11 (c) Each plan shall cover the subsequent fiscal biennium
43-12 <year>. Not later than July 1 of each odd-numbered year, the
43-13 department shall submit the plan to the Interagency Council on
43-14 ICF-MR Facilities for approval.
43-15 SECTION 6.07. Section 534.001, Health and Safety Code, is
43-16 amended to correct a reference and to conform more closely to the
43-17 source law from which it was derived and to Section 3, Chapter 569,
43-18 Acts of the 72nd Legislature, Regular Session, 1991, by amending
43-19 Subsections (c) and (d) and adding Subsection (e) to read as
43-20 follows:
43-21 (c) A community center is:
43-22 (1) an agency of the state, a <state agency,>
43-23 governmental unit, and a unit of local government, as defined and
43-24 specified by Chapters 101 and 102, Civil Practice and Remedies
43-25 Code; and
43-26 (2) a local government, as defined by Section 791.003,
43-27 Government Code <Section 3, The Interlocal Cooperation Act (Article
43-28 4413(32c), Vernon's Texas Civil Statutes)>.
43-29 (d) A community center may be established only if:
43-30 (1) the proposed center submits to the department a
43-31 copy of the contract between the participating local agencies, if
43-32 applicable;
43-33 (2) the department approves the proposed center's plan
43-34 to develop and make available to the region's residents an
43-35 effective mental health or mental retardation program, or both,
43-36 through a community center that is appropriately structured to
43-37 include the financial, physical, and personnel resources necessary
43-38 to meet the region's needs; and
43-39 (3) the department <deliver mental health or mental
43-40 retardation services and> determines that the center can
43-41 appropriately, effectively, and efficiently provide those services
43-42 in the region.
43-43 (e) A community center established under Subsection (d)
43-44 <this section> may operate only for the purposes defined in the
43-45 center's plan. The board by rule shall specify the elements that
43-46 must be included in a plan and shall prescribe the procedure for
43-47 submitting and approving a center's plan.
43-48 SECTION 6.08. Subchapter A, Chapter 534, Health and Safety
43-49 Code, is amended to conform more closely to the source law from
43-50 which it was derived and to Section 4, Chapter 569, Acts of the
43-51 72nd Legislature, Regular Session, 1991, by adding Section 534.0015
43-52 to read as follows:
43-53 Sec. 534.0015. PURPOSE AND POLICY. (a) A community center
43-54 created under this subchapter is intended to be a vital component
43-55 in a continuum of services for persons in this state who are
43-56 mentally ill or mentally retarded.
43-57 (b) It is the policy of this state that community centers
43-58 strive to develop services for persons who are mentally ill or
43-59 mentally retarded, and may provide requested services to persons
43-60 with a chemical dependency, that are effective alternatives to
43-61 treatment in a large residential facility.
43-62 SECTION 6.09. Section 534.002, Health and Safety Code, is
43-63 amended to conform to Section 4, Chapter 569, Acts of the 72nd
43-64 Legislature, Regular Session, 1991, to read as follows:
43-65 Sec. 534.002. Board of Trustees for Center Established by
43-66 One Local Agency. The board of trustees of a community center
43-67 established by one local agency is composed of:
43-68 (1) the members of the local agency's governing body;
43-69 or
43-70 (2) not fewer than five or more than nine qualified
44-1 voters who reside in the region to be served by the center and who
44-2 are appointed by the local agency's governing body.
44-3 SECTION 6.10. Section 534.003(c), Health and Safety Code, is
44-4 amended to conform to Section 3, Chapter 569, Acts of the 72nd
44-5 Legislature, Regular Session, 1991, to read as follows:
44-6 (c) When the center is established, the governing bodies
44-7 shall enter into a contract that stipulates the number of board
44-8 members and the group from which the members are chosen. They may
44-9 renegotiate or amend the contract as necessary to change the:
44-10 (1) method of choosing the members; or
44-11 (2) membership of the board of trustees to more
44-12 accurately reflect the ethnic and geographic diversity of the local
44-13 service area.
44-14 SECTION 6.11. Section 534.004, Health and Safety Code, is
44-15 amended to conform to Section 4, Chapter 569, Acts of the 72nd
44-16 Legislature, Regular Session, 1991, to read as follows:
44-17 Sec. 534.004. PROCEDURES RELATING TO BOARD OF TRUSTEES
44-18 MEMBERSHIP. (a) The local agency or organizational combination of
44-19 local agencies that establishes a community center shall prescribe:
44-20 (1) the application procedure for a position on the
44-21 board of trustees;
44-22 (2) the procedure and criteria for making appointments
44-23 to the board of trustees;
44-24 (3) the procedure for posting notice of and filling a
44-25 vacancy on the board of trustees; <and>
44-26 (4) the grounds and procedure for removing a member of
44-27 the board of trustees; and
44-28 (5) a procedure to ensure that an appointed member of
44-29 a board of trustees appointed by a local agency or organizational
44-30 combination of local agencies primarily located in only one county
44-31 serves not more than four consecutive and complete two-year terms.
44-32 (b) The local agency or organizational combination of local
44-33 agencies that appoints the board of trustees shall, in appointing
44-34 the members, attempt to reflect the ethnic and geographic diversity
44-35 of the local service area the community center serves. The local
44-36 agency or organizational combination shall include on the board of
44-37 trustees one or more persons otherwise qualified under this chapter
44-38 who are consumers of the types of services the center provides or
44-39 who are family members of consumers of the types of services the
44-40 center provides.
44-41 SECTION 6.12. Section 534.005, Health and Safety Code, is
44-42 amended to conform to Section 4, Chapter 569, Acts of the 72nd
44-43 Legislature, Regular Session, 1991, by adding Subsection (c) to
44-44 read as follows:
44-45 (c) If the local agency or organizational combination of
44-46 local agencies that appoints the board of trustees is primarily
44-47 located in only one county, a person appointed to the board of
44-48 trustees may not serve more than four consecutive and complete
44-49 two-year terms.
44-50 SECTION 6.13. Subchapter A, Chapter 534, Health and Safety
44-51 Code, is amended to conform to Section 4, Chapter 569, Acts of the
44-52 72nd Legislature, Regular Session, 1991, by amending Section
44-53 534.006 and adding Section 534.0065 to read as follows:
44-54 Sec. 534.006. TRAINING. (a) The board by rule shall
44-55 establish:
44-56 (1) an annual training program for members of a board
44-57 of trustees administered by the professional staff of that
44-58 community center, including the center's legal counsel; and
44-59 (2) an advisory committee to develop training
44-60 guidelines that includes representatives of advocates for persons
44-61 with mental illness or mental retardation and representatives of
44-62 boards of trustees.
44-63 (b) Before a member of a board of trustees may assume
44-64 office, the member shall attend at least one training session
44-65 administered by that center's professional staff to receive
44-66 information relating to:
44-67 (1) the enabling legislation that created the
44-68 community center;
44-69 (2) the programs the community center operates;
44-70 (3) the community center's budget for that program
45-1 year;
45-2 (4) the results of the most recent formal audit of the
45-3 community center;
45-4 (5) the requirements of the open meetings law, Chapter
45-5 271, Acts of the 60th Legislature, Regular Session, 1967 (Article
45-6 6252-17, Vernon's Texas Civil Statutes), and the open records law,
45-7 Chapter 424, Acts of the 63rd Legislature, Regular Session, 1973
45-8 (Article 6252-17a, Vernon's Texas Civil Statutes);
45-9 (6) the requirements of conflict of interest laws and
45-10 other laws relating to public officials; and
45-11 (7) any ethics policies adopted by the community
45-12 center <EFFECT ON PREVIOUS BOARDS. (a) This subchapter does not
45-13 affect the validity of:>
45-14 <(1) a community center or board of trustees
45-15 established or appointed before September 1, 1969; or>
45-16 <(2) a board selection committee appointed by an
45-17 organizational combination of more than six local agencies under
45-18 Section 3.02(a), Chapter 67, Acts of the 59th Legislature, Regular
45-19 Session, 1965, as it read preceding September 1, 1969.>
45-20 <(b) A community center or board of trustees established or
45-21 appointed under prior law may be reorganized to comply with this
45-22 subchapter>.
45-23 Sec. 534.0065. QUALIFICATIONS; CONFLICT OF INTEREST;
45-24 REMOVAL. (a) As a local public official, a member of the board of
45-25 trustees of a community center shall uphold the member's position
45-26 of public trust by meeting and maintaining the applicable
45-27 qualifications for membership and by complying with the applicable
45-28 requirements relating to conflicts of interest.
45-29 (b) A person is not eligible for appointment as a member of
45-30 a board of trustees if the person or the person's spouse:
45-31 (1) owns or controls, directly or indirectly, more
45-32 than a 10 percent interest in a business entity or other
45-33 organization receiving funds from the community center by contract
45-34 or other method; or
45-35 (2) uses or receives a substantial amount of tangible
45-36 goods or funds from the community center, other than:
45-37 (A) compensation or reimbursement authorized by
45-38 law for board of trustees membership, attendance, or expenses; or
45-39 (B) as a consumer or as a family member of a
45-40 client or patient receiving services from the community center.
45-41 (c) The primary residence of a member of the board of
45-42 trustees must be in the local service area the member represents.
45-43 (d) A member of the board of trustees is subject to Chapter
45-44 171, Local Government Code.
45-45 (e) A member of the board of trustees may not:
45-46 (1) refer for services a client or patient to a
45-47 business entity owned or controlled by a member of the board of
45-48 trustees, unless the business entity is the only business entity
45-49 that provides the needed services within the jurisdiction of the
45-50 community center;
45-51 (2) use a community center facility in the conduct of
45-52 a business entity owned or controlled by that member;
45-53 (3) solicit, accept, or agree to accept from another
45-54 person or business entity a benefit in return for the member's
45-55 decision, opinion, recommendation, vote, or other exercise of
45-56 discretion as a local public official or for a violation of a duty
45-57 imposed by law;
45-58 (4) receive any benefit for the referral of a client
45-59 or a patient to the community center or to another business entity;
45-60 (5) appoint, vote for, or confirm the appointment of a
45-61 person to a paid office or position with the community center if
45-62 the person is related to a member of the board of trustees by
45-63 affinity within the second degree or by consanguinity within the
45-64 third degree; or
45-65 (6) solicit or receive a political contribution from a
45-66 supplier to or contractor with the community center.
45-67 (f) Not later than the date on which a member of the board
45-68 of trustees takes office by appointment or reappointment and not
45-69 later than the anniversary of that date, each member shall annually
45-70 execute and file with the community center an affidavit
46-1 acknowledging that the member has read the requirements for
46-2 qualification, conflict of interest, and removal prescribed by this
46-3 chapter.
46-4 (g) In addition to any grounds for removal adopted under
46-5 Section 534.004(a), it is a ground for removal of a member of a
46-6 board of trustees if the member:
46-7 (1) violates Chapter 171, Local Government Code;
46-8 (2) is not eligible for appointment to the board of
46-9 trustees at the time of appointment as provided by Subsections (b)
46-10 and (c);
46-11 (3) does not maintain during service on the board of
46-12 trustees the qualifications required by Subsections (b) and (c);
46-13 (4) violates a provision of Subsection (e);
46-14 (5) violates a provision of Section 534.0115; or
46-15 (6) does not execute the affidavit required by
46-16 Subsection (f).
46-17 (h) If a board of trustees is composed of members of the
46-18 governing body of a local agency or organizational combination of
46-19 local agencies, this section applies only to the qualifications for
46-20 and removal from membership on the board of trustees.
46-21 SECTION 6.14. Section 534.008(a), Health and Safety Code, is
46-22 amended to conform to Section 4, Chapter 569, Acts of the 72nd
46-23 Legislature, Regular Session, 1991, to read as follows:
46-24 (a) The board of trustees is responsible for the effective
46-25 administration of <shall administer> the community center.
46-26 SECTION 6.15. Section 534.009, Health and Safety Code, is
46-27 amended to conform to Section 4, Chapter 569, Acts of the 72nd
46-28 Legislature, Regular Session, 1991, by amending Subsection (c) and
46-29 adding Subsection (d) to read as follows:
46-30 (c) The board of trustees shall keep a record of its
46-31 proceedings in accordance with the open meetings law (Article
46-32 6252-17, Vernon's Texas Civil Statutes). The record is open for
46-33 public inspection in accordance with that law.
46-34 (d) The board of trustees shall send to the department and
46-35 each local agency that appoints the members a copy of the approved
46-36 minutes of board of trustees meetings by:
46-37 (1) mailing a copy appropriately addressed and with
46-38 the necessary postage paid using the United States postal service;
46-39 or
46-40 (2) another method agreed to by the board of trustees
46-41 and the local agency.
46-42 SECTION 6.16. Section 534.010(b), Health and Safety Code, is
46-43 amended to conform to Section 4, Chapter 569, Acts of the 72nd
46-44 Legislature, Regular Session, 1991, to read as follows:
46-45 (b) The board of trustees shall:
46-46 (1) adopt a written policy governing the powers that
46-47 may be delegated to the executive director; and
46-48 (2) annually report to each local agency that appoints
46-49 the members the executive director's total compensation and
46-50 benefits <executive director has the powers delegated by the board
46-51 of trustees. Those powers are subject to the policy direction of
46-52 the board of trustees>.
46-53 SECTION 6.17. Section 534.011, Health and Safety Code, is
46-54 amended to conform to Section 4, Chapter 569, Acts of the 72nd
46-55 Legislature, Regular Session, 1991, to read as follows:
46-56 Sec. 534.011. PERSONNEL. (a) The <board of trustees or>
46-57 executive director, in accordance with the policies of the board of
46-58 trustees, shall <may:>
46-59 <(1)> employ and train personnel to administer the
46-60 community center's programs and services. The community center
46-61 may<; and>
46-62 <(2)> recruit <and train> those personnel and contract
46-63 for recruiting and training purposes <that purpose>.
46-64 (b) <The board of trustees shall adopt standardized
46-65 qualifications for personnel positions for the community center
46-66 that are consistent with the standards developed by the
46-67 commissioner under Section 532.011(e).>
46-68 <(c)> The board of trustees shall provide employees of the
46-69 community center with appropriate rights, privileges, and benefits
46-70 <that are consistent with the rights, privileges, and benefits
47-1 available to employees of the local agencies that establish the
47-2 center>.
47-3 (c) <(d)> The board of trustees may provide workers'
47-4 compensation benefits.
47-5 (d) <(e)> The board of trustees shall prescribe the number
47-6 of employees and their salaries<, subject to the commissioner's
47-7 approval>. The board of trustees may choose to set salaries and
47-8 benefits in compliance with a market analysis or internal salary
47-9 study. If an internal salary study is used, the board of trustees
47-10 shall conduct the study in accordance with the guidelines
47-11 established by the commissioner.
47-12 (e) Instead of using a market analysis or internal salary
47-13 study to establish salaries and benefits, the board of trustees may
47-14 use the state position classification plan and the General
47-15 Appropriations Act to determine the appropriate classification and
47-16 relative compensation of officers and employees. The board of
47-17 trustees may pay salaries in amounts less than those provided by
47-18 the General Appropriations Act. For a position not on the
47-19 classification plan, the board of trustees shall set the
47-20 compensation according to guidelines adopted by the commissioner.
47-21 The board of trustees may petition the department for approval to
47-22 exclude a position from the position classification plan and to
47-23 provide a stated salary for that position that exceeds the amount
47-24 prescribed by the General Appropriations Act for the classified
47-25 position.
47-26 (f) During a management audit of a community center, the
47-27 department is entitled to confirm the method the center used to
47-28 determine salaries and benefits.
47-29 SECTION 6.18. Subchapter A, Chapter 534, Health and Safety
47-30 Code, is amended to conform to Section 4, Chapter 569, Acts of the
47-31 72nd Legislature, Regular Session, 1991, by adding Section 534.0115
47-32 to read as follows:
47-33 Sec. 534.0115. NEPOTISM. (a) The board of trustees or
47-34 executive director may not hire as a paid officer or employee of
47-35 the community center a person who is related to a member of the
47-36 board of trustees by affinity within the second degree or by
47-37 consanguinity within the third degree.
47-38 (b) An officer or employee who is related to a member of the
47-39 board of trustees in a prohibited manner may continue to be
47-40 employed if the person began the employment not later than the 31st
47-41 day before the date on which the member was appointed.
47-42 (c) The officer or employee or the member of the board of
47-43 trustees shall resign if the officer or employee began the
47-44 employment later than the 31st day before the date on which the
47-45 member was appointed.
47-46 (d) If an officer or employee is permitted to remain in
47-47 employment under Subsection (b), the related member of the board of
47-48 trustees may not participate in the deliberation of or voting on an
47-49 issue that is specifically applicable to the officer or employee
47-50 unless the issue affects an entire class or category of employees.
47-51 SECTION 6.19. Sections 534.012(a) and (b), Health and Safety
47-52 Code, are amended to conform to Section 4, Chapter 569, Acts of the
47-53 72nd Legislature, Regular Session, 1991, to read as follows:
47-54 (a) The board of trustees may appoint committees, including
47-55 medical committees, to advise the board of trustees on matters
47-56 relating to <the administration of> mental health and mental
47-57 retardation services.
47-58 (b) Each committee must be composed of at least three <five>
47-59 members.
47-60 SECTION 6.20. Section 534.014, Health and Safety Code, is
47-61 amended to conform to Sections 4 and 13, Chapter 569, Acts of the
47-62 72nd Legislature, Regular Session, 1991, to read as follows:
47-63 Sec. 534.014. BUDGET; REQUEST FOR FUNDS. (a) Each
47-64 community center shall annually provide to each local agency that
47-65 appoints members to the board of trustees a copy of the center's:
47-66 (1) approved fiscal year operating budget;
47-67 (2) most recent annual financial audit; and
47-68 (3) staff salaries by position.
47-69 (b) The board of trustees shall annually submit to each
47-70 local agency that appoints the members a request for funds or
48-1 in-kind assistance to support the center <PLAN FOR SERVICES. As
48-2 soon as possible after a community center is established, the board
48-3 of trustees shall submit to the department:>
48-4 <(1) a copy of the contract between the participating
48-5 local agencies, if applicable; and>
48-6 <(2) a plan, within the projected financial, physical,
48-7 and personnel resources of the region to be served, to develop and
48-8 make available to the region's residents an effective mental health
48-9 or mental retardation services program, or both, through one or
48-10 more community centers>.
48-11 SECTION 6.21. Subchapter A, Chapter 534, Health and Safety
48-12 Code, is amended to conform to Section 6, Chapter 569, Acts of the
48-13 72nd Legislature, Regular Session, 1991, by adding Section 534.0155
48-14 to read as follows:
48-15 Sec. 534.0155. FOR WHOM SERVICES MAY BE PROVIDED. (a) This
48-16 subtitle does not prevent a community center from providing
48-17 services to a person with chemical dependency or to a person with a
48-18 mental disability, as that term is defined by Section 535.001.
48-19 (b) A community center may provide those services by
48-20 contracting with a public or private agency in addition to the
48-21 department.
48-22 (c) A community center may not provide services to a person
48-23 with a disability that is not listed in the definition of person
48-24 with a mental disability provided by Section 535.001, except that a
48-25 community center that, on or before September 1, 1991, has
48-26 contracted to provide services to a person with a disability that
48-27 is not listed in that definition may continue to receive funding
48-28 and provide services to that person for the term of the contract.
48-29 SECTION 6.22. Section 534.017(a), Health and Safety Code, is
48-30 amended to conform to Section 7, Chapter 569, Acts of the 72nd
48-31 Legislature, Regular Session, 1991, to read as follows:
48-32 (a) A community center shall charge reasonable fees for <to
48-33 cover the cost of> services the center provides, unless prohibited
48-34 by other service contracts or law.
48-35 SECTION 6.23. Sections 534.018, 534.019, and 534.020, Health
48-36 and Safety Code, are amended to conform to Section 4, Chapter 569,
48-37 Acts of the 72nd Legislature, Regular Session, 1991, to read as
48-38 follows:
48-39 Sec. 534.018. GIFTS AND GRANTS. A community center may
48-40 accept gifts and grants of money, personal property, and real
48-41 property to use in providing <administering> the center's programs
48-42 and services.
48-43 Sec. 534.019. CONTRIBUTION BY LOCAL AGENCY. A participating
48-44 local agency may contribute land, buildings, facilities, other real
48-45 and personal property, personnel, and funds to administer the
48-46 community center's programs and services.
48-47 Sec. 534.020. ACQUISITION AND CONSTRUCTION OF PROPERTY AND
48-48 FACILITIES BY COMMUNITY CENTER. (a) A community center may
48-49 purchase or lease real and personal property and may construct
48-50 buildings and facilities.
48-51 (b) The board of trustees shall require that an appraiser
48-52 certified by a master appraisal institute conduct an independent
48-53 appraisal of real estate the community center intends to purchase.
48-54 The board of trustees may waive this requirement if the purchase
48-55 price is less than the value listed for the property by the local
48-56 appraisal district and the property has been appraised by the local
48-57 appraisal district within the preceding two years. A community
48-58 center may not purchase or lease property for an amount that is
48-59 greater than the property's appraised value unless:
48-60 (1) the purchase or lease of that property at that
48-61 price is necessary;
48-62 (2) the board of trustees documents in the official
48-63 minutes the reasons why the purchase or lease is necessary at that
48-64 price; and
48-65 (3) a majority of the board approves the transaction.
48-66 (c) The board of trustees shall establish in accordance with
48-67 relevant department rules competitive bidding procedures and
48-68 practices for capital purchases and for purchases involving
48-69 department funds or required local matching funds.
48-70 SECTION 6.24. Section 534.022, Health and Safety Code, is
49-1 amended to conform to Section 5, Chapter 569, and Section 1,
49-2 Chapter 596, Acts of the 72nd Legislature, Regular Session, 1991,
49-3 by amending Subsection (b) and adding Subsection (d) to read as
49-4 follows:
49-5 (b) The community center shall issue the bonds or notes in
49-6 accordance with the Bond Procedures Act of 1981 (Article 717k-6,
49-7 Vernon's Texas Civil Statutes), and Chapter 656, Acts of the 68th
49-8 Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
49-9 Civil Statutes). The attorney general must approve the bonds <or
49-10 notes> before issuance.
49-11 (d) The board shall review the issuance of bonds or notes
49-12 under this section and for each issuance shall make a finding of
49-13 whether the proceeds are to be expended on projects or purchases
49-14 that are related to the provision of services. Not later than
49-15 November 1 of each year, the board shall submit to the Legislative
49-16 Budget Board, the Governor's Office of Budget and Planning, and the
49-17 state auditor a report that describes the use and amount of
49-18 proceeds derived from bonds and notes issued by community centers
49-19 in the preceding fiscal year.
49-20 SECTION 6.25. Section 534.023(b), Health and Safety Code, is
49-21 amended to conform to Section 5, Chapter 569, Acts of the 72nd
49-22 Legislature, Regular Session, 1991, to read as follows:
49-23 (b) The agreement must include a provision for a
49-24 lease-purchase arrangement between <among> the community center<,
49-25 the governing body of each local agency establishing the center,>
49-26 and the department.
49-27 SECTION 6.26. Sections 534.026 and 534.030, Health and
49-28 Safety Code, are amended to conform to Section 5, Chapter 569, Acts
49-29 of the 72nd Legislature, Regular Session, 1991, to read as follows:
49-30 Sec. 534.026. Terms of Construction or Renovation Agreement.
49-31 (a) In an agreement to construct a facility under Section 534.023
49-32 or to renovate a facility under Section 534.024, the department
49-33 shall specify the lease or loan payments that include the
49-34 amortization of the cost of the facility or renovation <for not
49-35 more than 40 years>.
49-36 (b) The agreement must <may> provide for reasonable interest
49-37 to be paid by the community center on the total cost of the
49-38 facility or renovation. The rate of interest may not exceed 50
49-39 percent of the market interest rate, as determined by the
49-40 department, that a local agency that established the community
49-41 center would pay at the time the agreement is made if the agency
49-42 issued revenue bonds to construct or renovate the facility payable
49-43 for the same period as the period of the agreement to construct or
49-44 renovate the facility.
49-45 Sec. 534.030. STATE FUNDS. (a) A community center may use
49-46 state funds, including state contract funds, to operate a facility
49-47 constructed under Section 534.023 or renovated under Section
49-48 534.024. The total amount of state funds used in the actual
49-49 operation of the facility may not exceed an amount equal to 60
49-50 percent of the facility's total operating budget.
49-51 (b) In determining a facility's total operating budget, a
49-52 community center may not include lease-purchase payments or
49-53 renovation funding repayments.
49-54 (c) <A community center may not use state funds to make
49-55 lease-purchase payments or renovation funding repayments.>
49-56 <(d)> The construction, renovation, or operation of a
49-57 facility under Sections 534.023-534.029 does not constitute grounds
49-58 for a community center to receive contract funds that are in
49-59 addition to the contract funds the center would otherwise receive
49-60 under the board's rules governing distribution of those funds.
49-61 SECTION 6.27. Sections 534.033(a) and (c), Health and Safety
49-62 Code, are amended to conform to Section 6, Chapter 569, Acts of the
49-63 72nd Legislature, Regular Session, 1991, to read as follows:
49-64 (a) It is the intent of the legislature that the department
49-65 limit its control over, and routine reviews of, community center
49-66 programs to those programs that:
49-67 (1) use department <state> funds or use required local
49-68 funds that are matched with department <state> funds;
49-69 (2) provide core or required services;
49-70 (3) provide services to former clients or patients of
50-1 a department facility; or
50-2 (4) are affected by litigation in which the department
50-3 is a defendant.
50-4 (c) The department may determine whether a particular
50-5 program uses department <state> funds or uses required local
50-6 matching funds.
50-7 SECTION 6.28. Subchapter A, Chapter 534, Health and Safety
50-8 Code, is amended to conform to Section 8, Chapter 569, Acts of the
50-9 72nd Legislature, Regular Session, 1991, by adding Section 534.035
50-10 to read as follows:
50-11 Sec. 534.035. PROGRAM REVIEW AND MANAGEMENT AUDIT. (a) The
50-12 department by rule shall establish as a contract requirement for
50-13 community centers program review and management audit procedures to
50-14 ensure that reviews and audits are conducted in sufficient quantity
50-15 and type to provide reasonable assurance that adequate and
50-16 appropriate fiscal controls exist in community centers.
50-17 (b) The department shall conduct periodic program reviews at
50-18 each community center. The commissioner or the commissioner's
50-19 designee shall prepare, publish, and distribute a formal procedure
50-20 for the periodic program reviews.
50-21 (c) The department shall conduct periodic management audits
50-22 at each community center. The director of the internal audit unit,
50-23 with the approval of the board's audit committee, shall prepare and
50-24 publish a formal risk assessment procedure for the audits. The
50-25 department shall include in a management audit a comprehensive
50-26 review of the center's annual financial and compliance audit
50-27 activities required under Section 534.068.
50-28 (d) After a program review or management audit is conducted,
50-29 the department shall send to the community center a written report
50-30 that identifies in clear language each significant deficiency
50-31 identified and each question raised by the review or audit.
50-32 (e) The board of trustees shall provide to the department a
50-33 written response to the concerns raised by the review or audit
50-34 within the period prescribed by department rule. The response
50-35 must:
50-36 (1) describe any action taken or to be taken to
50-37 correct an identified deficiency;
50-38 (2) provide narrative responses to questions relating
50-39 to policies or procedures raised in the review or audit; and
50-40 (3) give notice of any disagreement the board of
50-41 trustees has with a specific finding of the review or audit.
50-42 (f) Within the period prescribed by department rules, the
50-43 commissioner or the board's audit committee shall review the
50-44 community center's responses and shall notify in writing the
50-45 community center of any inadequacy or deficiency found in the
50-46 response. The community center may provide additional responses to
50-47 the commissioner. The commissioner shall establish a reasonable
50-48 deadline for receiving responses.
50-49 (g) If, by the date prescribed by the commissioner, the
50-50 community center fails to respond to a deficiency identified in a
50-51 review or audit to the satisfaction of the commissioner, the
50-52 department may discontinue the transfer of related department funds
50-53 to the community center until the dispute is resolved. The
50-54 community center is entitled to notice and an opportunity for a
50-55 hearing before the transfer of department funds is discontinued.
50-56 The board by rule shall prescribe the hearings procedure.
50-57 (h) The department may withhold funds during the pendency of
50-58 an appeal to a court if the department hearing upholds the
50-59 discontinuation of the funds. The department shall transfer the
50-60 withheld funds to the community center if the final determination
50-61 is favorable to the community center.
50-62 (i) The department shall incorporate the community center's
50-63 responses into the official management audit report in accordance
50-64 with the Government Auditing Standards published by the United
50-65 States General Accounting Office. The department shall publish the
50-66 final report within the period prescribed by department rules, but
50-67 not later than the 60th day after the date on which the audit staff
50-68 conducts the official exit conference with the community center.
50-69 If the department disagrees with the community center's responses
50-70 as provided by Subsection (f), the department shall publish the
51-1 official report within the period prescribed by department rules.
51-2 SECTION 6.29. Section 534.052, Health and Safety Code, is
51-3 amended to conform to Section 9, Chapter 569, Acts of the 72nd
51-4 Legislature, Regular Session, 1991, to read as follows:
51-5 Sec. 534.052. Rules and Standards. (a) The board shall
51-6 adopt rules, including standards, the board considers necessary and
51-7 appropriate to ensure the adequate provision of community-based
51-8 mental health and mental retardation services through a local
51-9 mental health or mental retardation authority <by department
51-10 facility outreach programs or by community centers and other
51-11 providers receiving contract funds as designated providers> under
51-12 this subchapter.
51-13 (b) The department shall send a copy of the rules to each
51-14 local mental health or mental retardation authority or other
51-15 provider receiving contract funds as a local mental health or
51-16 mental retardation authority or <department facility outreach
51-17 program and to each> designated provider.
51-18 SECTION 6.30. Subchapter B, Chapter 534, Health and Safety
51-19 Code, is amended to conform to Section 10, Chapter 569, Acts of the
51-20 72nd Legislature, Regular Session, 1991, by adding Section 534.0535
51-21 to read as follows:
51-22 Sec. 534.0535. JOINT DISCHARGE PLANNING. (a) The board
51-23 shall adopt, and the department shall enforce, rules that require
51-24 continuity of services and planning for patient or client care
51-25 between department facilities and local mental health or mental
51-26 retardation authorities.
51-27 (b) At a minimum, the rules must require joint discharge
51-28 planning between a department facility and a local mental health or
51-29 mental retardation authority before a facility discharges a patient
51-30 or client or places the patient or client on an extended furlough
51-31 with an intent to discharge.
51-32 (c) The local mental health or mental retardation authority
51-33 shall plan with the department facility and determine the
51-34 appropriate community services for the patient or client.
51-35 (d) The local mental health or mental retardation authority
51-36 shall arrange for the provision of the services if department funds
51-37 are to be used and may subcontract with or make a referral to a
51-38 local agency or entity.
51-39 SECTION 6.31. Section 534.054, Health and Safety Code, is
51-40 amended to conform to Section 10, Chapter 569, Acts of the 72nd
51-41 Legislature, Regular Session, 1991, to read as follows:
51-42 Sec. 534.054. Designation of Provider <Designated
51-43 Providers>. (a) The department shall identify and contract with a
51-44 local mental health or mental retardation authority <one or more
51-45 designated providers> for each service area to provide services to
51-46 patient and client populations determined by the department. A
51-47 local mental health or mental retardation authority <designated
51-48 provider> shall provide, directly or by subcontract, services to
51-49 address the needs of priority populations as required by the
51-50 department and shall comply with the rules and standards adopted
51-51 under Section 534.052.
51-52 (b) In identifying a local mental health or mental
51-53 retardation authority <designated provider>, the department shall
51-54 give preference to a community center located in that service area.
51-55 (c) The department may contract with a local agency or a
51-56 private provider or organization to act as a designated provider of
51-57 <for> a service <area> if the department:
51-58 (1) cannot negotiate a contract with a local mental
51-59 health or mental retardation authority <community center> to ensure
51-60 that a specific required service <services> for priority
51-61 populations is <are> available in that service area; or
51-62 (2) determines that a local mental health or mental
51-63 retardation authority <center> does not have the capacity to ensure
51-64 the availability of that service <the services>.
51-65 (d) The department shall provide the required services in a
51-66 service area directly through a department facility outreach
51-67 program or contract with another agency, provider, or organization
51-68 as the local mental health or mental retardation authority if the
51-69 department cannot identify and contract with a community center
51-70 <designated provider> in that service area.
52-1 SECTION 6.32. Section 534.055(c), Health and Safety Code, is
52-2 amended to correct a reference and to conform to Section 11,
52-3 Chapter 569, Acts of the 72nd Legislature, Regular Session, 1991,
52-4 to read as follows:
52-5 (c) A model contract must:
52-6 (1) require that the services provided by the private
52-7 provider be based on the patient's or client's individual treatment
52-8 plan;
52-9 (2) provide that a community-based residential
52-10 facility that is a family home as defined in Chapter 123, Human
52-11 Resources Code <the Community Homes for Disabled Persons Location
52-12 Act (Article 1011n, Vernon's Texas Civil Statutes)> may house only
52-13 a person with a disability as defined in Section 123.002, Human
52-14 Resources Code <disabled persons as defined in Section 2 of that
52-15 Act>; <and>
52-16 (3) prohibit the use of the facility for purposes such
52-17 as restitution centers, homes for substance abusers, or halfway
52-18 houses; and
52-19 (4) outline a dispute resolution procedure.
52-20 SECTION 6.33. Section 534.056, Health and Safety Code, is
52-21 amended to conform to Section 10, Chapter 569, Acts of the 72nd
52-22 Legislature, Regular Session, 1991, to read as follows:
52-23 Sec. 534.056. COORDINATION OF ACTIVITIES. A local mental
52-24 health or mental retardation authority <designated provider> shall
52-25 coordinate its activities with the activities of other appropriate
52-26 agencies that provide care and treatment for persons with drug or
52-27 alcohol problems.
52-28 SECTION 6.34. Sections 534.058(a) and (c), Health and Safety
52-29 Code, are amended to conform to Section 10, Chapter 569, Acts of
52-30 the 72nd Legislature, Regular Session, 1991, to read as follows:
52-31 (a) The department shall develop standards of care for the
52-32 services provided by a local mental health or mental retardation
52-33 authority <department facility outreach program or by a designated
52-34 provider> and its subcontractors under this subchapter.
52-35 (c) In conjunction with local mental health or mental
52-36 retardation authorities <designated providers>, the department
52-37 shall review the standards biennially to determine if each standard
52-38 is necessary to ensure the quality of care.
52-39 SECTION 6.35. Section 534.059, Health and Safety Code, is
52-40 amended to conform to Section 10, Chapter 569, Acts of the 72nd
52-41 Legislature, Regular Session, 1991, to read as follows:
52-42 Sec. 534.059. PERFORMANCE STANDARDS. The department shall
52-43 specify performance standards, including measures of results, to
52-44 use in evaluating the compliance of a local mental health or mental
52-45 retardation authority <department facility outreach program or
52-46 designated provider> with its obligation or contract to provide
52-47 specific services to priority populations.
52-48 SECTION 6.36. Section 534.060, Health and Safety Code, is
52-49 amended to conform to Sections 9 and 10, Chapter 569, Acts of the
52-50 72nd Legislature, Regular Session, 1991, to read as follows:
52-51 Sec. 534.060. PROGRAM AND SERVICE MONITORING AND REVIEW.
52-52 (a) The department shall develop mechanisms for monitoring the
52-53 services provided by a local mental health or mental retardation
52-54 authority and the authority's <department facility outreach program
52-55 or by a designated provider and the provider's> subcontractors.
52-56 (b) The department shall review the program quality and
52-57 program performance results of each local mental health or mental
52-58 retardation authority <department facility outreach program or
52-59 designated provider> at least once each fiscal year. The
52-60 department may determine the scope of each review.
52-61 (c) Each <designated provider> contract between a local
52-62 mental health or mental retardation authority and the department
52-63 must authorize the department to have unrestricted access to all
52-64 facilities, records, data, and other information under the control
52-65 of the local mental health or mental retardation authority, the
52-66 authority's subcontractors, or the designated provider <provider or
52-67 the provider's subcontractors> as necessary to enable the
52-68 department to audit, monitor, and review the financial and program
52-69 activities and services associated with department funds <the
52-70 contract>.
53-1 SECTION 6.37. Section 534.063, Health and Safety Code, is
53-2 amended to conform to Section 10, Chapter 569, Acts of the 72nd
53-3 Legislature, Regular Session, 1991, to read as follows:
53-4 Sec. 534.063. PEER REVIEW ORGANIZATION. The department
53-5 shall assist a local mental health or mental retardation authority
53-6 <designated provider> in developing a peer review organization to
53-7 provide self-assessment of programs and to supplement department
53-8 reviews under Section 534.060.
53-9 SECTION 6.38. Subchapter B, Chapter 534, Health and Safety
53-10 Code, is amended to conform to Section 10, Chapter 569, Acts of the
53-11 72nd Legislature, Regular Session, 1991, by amending Sections
53-12 534.064, 534.066, and 534.067 and adding Section 534.0675 to read
53-13 as follows:
53-14 Sec. 534.064. CONTRACT RENEWAL. The commissioner may
53-15 <shall> refuse to renew a contract with a local mental health or
53-16 mental retardation authority <designated provider> and may <shall>
53-17 select other agencies, providers, or organizations to be the local
53-18 mental health or mental retardation authority <a new designated
53-19 provider> if the department's evaluation of the authority's
53-20 <provider's> performance indicates that the authority <provider>
53-21 cannot ensure the availability of the specific services to priority
53-22 populations required by the department and this subtitle.
53-23 Sec. 534.066. Local Match Requirement. (a) The department
53-24 shall <may> include in a contract with a local mental health or
53-25 mental retardation authority <designated provider> a requirement
53-26 that some or all of the state funds the authority <provider>
53-27 receives be matched by local support in an amount or proportion
53-28 jointly agreed to by the department and the authority's board of
53-29 trustees and based on the authority's financial capability and its
53-30 overall commitment to other mental health or mental retardation
53-31 programs, as appropriate <determined by the department>.
53-32 (b) The department shall establish, for department facility
53-33 outreach programs that provide community-based services required
53-34 under this subchapter, a local match requirement that is consistent
53-35 with the requirements applied to other local mental health or
53-36 mental retardation authorities <designated providers>.
53-37 (c) <A requirement of a local match under this section must
53-38 apply uniformly to each provider or contractor in a service area.>
53-39 <(d)> Patient fee income, third-party insurance income,
53-40 services and facilities contributed by the local mental health or
53-41 mental retardation authority <provider>, contributions by a county
53-42 or municipality, and other locally generated contributions,
53-43 including local tax funds, may be counted <as local support> when
53-44 calculating the local support for a local mental health or mental
53-45 retardation authority <share of the operating costs of a department
53-46 facility outreach program or a designated provider>. The
53-47 department may disallow or reduce the value of services claimed as
53-48 support.
53-49 Sec. 534.067. Fee Collection Policy. The department shall
53-50 establish a uniform fee collection policy for all local mental
53-51 health or mental retardation authorities <community centers and
53-52 other designated providers> that is equitable, provides for
53-53 collections, and maximizes contributions to local revenue.
53-54 Sec. 534.0675. NOTICE OF DENIAL, REDUCTION, OR TERMINATION
53-55 OF SERVICES. The board by rule, in cooperation with local mental
53-56 health and mental retardation authorities, consumers, consumer
53-57 advocates, and service providers, shall establish a uniform
53-58 procedure that each local mental health or mental retardation
53-59 authority shall use to notify consumers in writing of the denial,
53-60 involuntary reduction, or termination of services and of the right
53-61 to appeal those decisions.
53-62 SECTION 6.39. Section 534.068, Health and Safety Code, is
53-63 amended to conform to Section 12, Chapter 569, and Section 24,
53-64 Chapter 599, Acts of the 72nd Legislature, Regular Session, 1991,
53-65 to read as follows:
53-66 Sec. 534.068. Audits. (a) As a condition to receiving
53-67 <contract> funds under this subtitle, a local mental health and
53-68 mental retardation authority <the board of trustees of a community
53-69 center or the administrative authority of a designated provider>
53-70 other than a state facility designated as an authority <center>
54-1 must annually submit to the department a financial and compliance
54-2 audit prepared <have the center's or provider's accounts audited>
54-3 by a certified public accountant or public accountant licensed by
54-4 the Texas State Board of Public Accountancy. To ensure the highest
54-5 degree of independence and quality, the local mental health or
54-6 mental retardation authority shall use an invitation-for-proposal
54-7 process as prescribed by the department to select the auditor.
54-8 (b) The audit must meet the minimum requirements as shall
54-9 be, and be in the form and in the number of copies as may be,
54-10 prescribed by the department, subject to review and comment <and
54-11 approved> by the state auditor.
54-12 (c) The local mental health or mental retardation authority
54-13 <community center or other designated provider> shall file the
54-14 required number of copies <a copy> of the audit report with the
54-15 department by the date prescribed by the department. From the
54-16 copies filed with the department, <The center or provider shall
54-17 also submit> copies of the report shall be submitted to the
54-18 governor and<,> Legislative Budget Board<, and Legislative Audit
54-19 Committee>.
54-20 (d) The local mental health or mental retardation authority
54-21 <board of trustees or administrative authority> shall either
54-22 approve or refuse to approve the audit report. If the <board or>
54-23 authority refuses to approve the report, the <board or> authority
54-24 shall include with the department's copies <copy> a statement
54-25 detailing the reasons for refusal.
54-26 (e) The commissioner and state auditor have access to all
54-27 vouchers, receipts, journals, or other records the commissioner or
54-28 auditor considers necessary to review and analyze the audit report.
54-29 (f) The department shall annually submit to the governor,
54-30 Legislative Budget Board, and Legislative Audit Committee a summary
54-31 of the significant findings identified during the department's
54-32 reviews of fiscal audit activities.
54-33 SECTION 6.40. Section 534.051, Health and Safety Code, is
54-34 repealed to conform to Section 13, Chapter 569, Acts of the 72nd
54-35 Legislature, Regular Session, 1991.
54-36 SECTION 6.41. (a) Subchapter B, Chapter 535, Health and
54-37 Safety Code, is repealed to conform to the repeal of the law from
54-38 which it was derived by Section 1, Article 3, Chapter 637, Acts of
54-39 the 72nd Legislature, Regular Session, 1991.
54-40 (b) The subchapter heading to Subchapter A, Chapter 535,
54-41 Health and Safety Code, is repealed to conform to Section 1,
54-42 Article 3, Chapter 637, Acts of the 72nd Legislature, Regular
54-43 Session, 1991.
54-44 SECTION 6.42. Section 571.014, Health and Safety Code, is
54-45 amended to conform to Section 1, Chapter 567, Acts of the 72nd
54-46 Legislature, Regular Session, 1991, by amending Subsection (c) and
54-47 adding Subsection (d) to read as follows:
54-48 (c) A person may initially file a paper with the county
54-49 clerk by the use of reproduced, photocopied, or electronically
54-50 transmitted paper if the person files the original signed copies of
54-51 the paper with the clerk not later than the 72nd hour after the
54-52 hour on which the initial filing is made. If the 72-hour period
54-53 ends on a Saturday, Sunday, or legal holiday, the filing period is
54-54 extended until 4 p.m. on the first succeeding business day. If
54-55 extremely hazardous weather conditions exist or a disaster occurs,
54-56 the presiding judge or magistrate may by written order made each
54-57 day extend the filing period until 4 p.m. on the first succeeding
54-58 business day. The written order must declare that an emergency
54-59 exists because of the weather or the occurrence of a disaster. If
54-60 a person detained under this subtitle would otherwise be released
54-61 because the original signed copy of a paper is not filed within the
54-62 72-hour period but for the extension of the filing period under
54-63 this section, the person may be detained until the expiration of
54-64 the extended filing period. This subsection does not affect
54-65 another provision of this subtitle requiring the release or
54-66 discharge of a person <third working day after the date on which
54-67 the initial filing is made>.
54-68 (d) If the clerk does not receive the original signed copy
54-69 of a paper within the period prescribed by this section, the judge
54-70 may dismiss the proceeding on the court's own motion or on the
55-1 motion of a party and, if the proceeding is dismissed, shall order
55-2 the immediate release of a proposed patient who is not at liberty.
55-3 SECTION 6.43. Chapter 571, Health and Safety Code, is
55-4 amended to conform to Section 5, Chapter 567, Acts of the 72nd
55-5 Legislature, Regular Session, 1991, by adding Section 571.0165 to
55-6 read as follows:
55-7 Sec. 571.0165. EXTENSION OF DETENTION PERIOD. (a) If
55-8 extremely hazardous weather conditions exist or a disaster occurs,
55-9 the judge of a court having jurisdiction of a proceeding under
55-10 Chapters 572, 573, 574, and 575 or a magistrate appointed by the
55-11 judge may by written order made each day extend the period during
55-12 which the person may be detained under those chapters until 4 p.m.
55-13 on the first succeeding business day.
55-14 (b) The written order must declare that an emergency exists
55-15 because of the weather or the occurrence of a disaster.
55-16 (c) This section does not apply to a situation for which a
55-17 specific procedure is prescribed by this subtitle for extending the
55-18 detention period because of extremely hazardous weather conditions
55-19 or the occurrence of a disaster.
55-20 SECTION 6.44. Section 571.018(g), Health and Safety Code, is
55-21 amended to conform to Section 2, Chapter 567, Acts of the 72nd
55-22 Legislature, Regular Session, 1991, to read as follows:
55-23 (g) The state or a county may not pay any costs for a
55-24 patient committed to a private mental hospital unless:
55-25 (1) a public facility is not available; and
55-26 (2) the commissioners court of the county authorizes
55-27 the payment, if appropriate.
55-28 SECTION 6.45. Section 571.020(a), Health and Safety Code, is
55-29 amended to conform to Section 3, Chapter 567, Acts of the 72nd
55-30 Legislature, Regular Session, 1991, to read as follows:
55-31 (a) A person commits an offense if the person intentionally
55-32 causes, conspires with another to cause, or assists another to
55-33 cause the unwarranted commitment of a person to a mental health
55-34 facility. An offense under this subsection is a misdemeanor
55-35 punishable by a fine of not more than $5,000, confinement in the
55-36 county jail for not more than one year <two years>, or both.
55-37 SECTION 6.46. Section 572.004, Health and Safety Code, is
55-38 amended to conform to Section 4, Chapter 567, Acts of the 72nd
55-39 Legislature, Regular Session, 1991, by amending Subsection (a) and
55-40 adding Subsection (e) to read as follows:
55-41 (a) Except as provided by Subsections <Subsection> (b) and
55-42 (e), a voluntary patient is entitled to leave an inpatient mental
55-43 health facility within 96 hours after the time a written request
55-44 for release is filed with the facility administrator or the
55-45 administrator's designee. The request must be signed by the
55-46 patient or a person responsible for the patient's admission.
55-47 (e) If extremely hazardous weather conditions exist or a
55-48 disaster occurs, the facility administrator may request the judge
55-49 of a court that has jurisdiction over proceedings brought under
55-50 Chapter 574 to extend the period during which the patient may be
55-51 detained. The judge or a magistrate appointed by the judge may by
55-52 written order made each day extend the period during which the
55-53 patient may be detained until 4 p.m. on the first succeeding
55-54 business day. The written order must declare that an emergency
55-55 exists because of the weather or the occurrence of a disaster.
55-56 SECTION 6.47. Subchapter A, Chapter 574, Health and Safety
55-57 Code, is amended to conform to Section 1, Chapter 619, Acts of the
55-58 72nd Legislature, Regular Session, 1991, by adding Section 574.0085
55-59 to read as follows:
55-60 Sec. 574.0085. MASTERS. (a) The county judge may appoint a
55-61 full-time or a part-time master to preside over the proceedings for
55-62 court-ordered mental health services if the commissioners court of
55-63 a county in which the court has jurisdiction authorizes the
55-64 employment of a master.
55-65 (b) To be eligible for appointment as a master, a person
55-66 must be a resident of this state and have been licensed to practice
55-67 law in this state for at least four years.
55-68 (c) A master shall be paid as determined by the
55-69 commissioners court of the county in which the master serves. If a
55-70 master serves in more than one county, the master shall be paid as
56-1 determined by agreement of the commissioners courts of the counties
56-2 in which the master serves. The master may be paid from county
56-3 funds available for payment of officers' salaries.
56-4 (d) A master who serves a single court serves at the will of
56-5 the judge of that court. The services of a master who serves more
56-6 than two courts may be terminated by a majority vote of all the
56-7 judges of the courts the master serves. The services of a master
56-8 who serves two courts may be terminated by either of the judges of
56-9 the courts the master serves.
56-10 (e) To refer cases to a master, the referring court must
56-11 issue an order of referral. The order of referral may limit the
56-12 power or duties of a master.
56-13 (f) Except as limited by an order of referral, masters
56-14 appointed under this section have all the powers and duties set
56-15 forth in Section 54.007, Government Code.
56-16 (g) A bailiff may attend a hearing held by a master if
56-17 directed by the referring court.
56-18 (h) A witness appearing before a master is subject to the
56-19 penalties for perjury provided by law. A referring court may issue
56-20 attachment against and may fine or imprison a witness whose failure
56-21 to appear before a master after being summoned or whose refusal to
56-22 answer questions has been certified to the court.
56-23 (i) At the conclusion of any hearing conducted by a master
56-24 and on the preparation of a master's report, the master shall
56-25 transmit to the referring court all papers relating to the case,
56-26 with the master's signed and dated report. After the master's
56-27 report has been signed, the master shall give to the parties
56-28 participating in the hearing notice of the substance of the report.
56-29 The master's report may contain the master's findings, conclusions,
56-30 or recommendations. The master's report must be in writing in a
56-31 form as the referring court may direct. The form may be a notation
56-32 on the referring court's docket sheet. After the master's report
56-33 is filed, the referring court may adopt, approve, or reject the
56-34 master's report, hear further evidence, or recommit the matter for
56-35 further proceedings as the referring court considers proper and
56-36 necessary in the particular circumstances of the case.
56-37 (j) If a jury trial is demanded or required, the master
56-38 shall refer the entire matter back to the referring court for
56-39 trial.
56-40 (k) A master appointed under this section has the judicial
56-41 immunity of a county judge.
56-42 (l) A master appointed in accordance with this section shall
56-43 comply with the Code of Judicial Conduct in the same manner as the
56-44 county judge.
56-45 SECTION 6.48. Section 574.009(d), Health and Safety Code, is
56-46 amended to conform to Section 6, Chapter 567, Acts of the 72nd
56-47 Legislature, Regular Session, 1991, to read as follows:
56-48 (d) If the certificates required under this section are not
56-49 on file at the time set for the hearing on the application, the
56-50 judge shall dismiss the application and order the immediate release
56-51 of the proposed patient if that person is not at liberty. If
56-52 extremely hazardous weather conditions exist or a disaster occurs,
56-53 the presiding judge or magistrate may by written order made each
56-54 day extend the period during which the two certificates of medical
56-55 examination for mental illness may be filed, and the person may be
56-56 detained until 4 p.m. on the first succeeding business day. The
56-57 written order must declare that an emergency exists because of the
56-58 weather or the occurrence of a disaster.
56-59 SECTION 6.49. Section 574.034(d), Health and Safety Code, is
56-60 amended to conform to Section 7, Chapter 567, Acts of the 72nd
56-61 Legislature, Regular Session, 1991, and to conform more closely to
56-62 the source law from which it was derived to read as follows:
56-63 (d) The proposed patient and <or> the proposed patient's
56-64 attorney, by a written document filed with the court, may waive the
56-65 right to cross-examine witnesses, and, if that right is waived, the
56-66 court may admit, as evidence, the certificates of medical
56-67 examination for mental illness. The certificates admitted under
56-68 this subsection constitute competent medical or psychiatric
56-69 testimony, and the court may make its findings solely from the
56-70 certificates. If the proposed patient and the proposed patient's
57-1 attorney do not waive in writing the right to cross-examine
57-2 witnesses, the court shall proceed to hear testimony. The
57-3 testimony must include competent medical or psychiatric testimony.
57-4 In addition, the court may consider the testimony of a nonphysician
57-5 mental health professional as provided by Section 574.031(f).
57-6 SECTION 6.50. Section 574.044, Health and Safety Code, is
57-7 amended to correct a reference to read as follows:
57-8 Sec. 574.044. COMMITMENT TO FACILITY OF THE INSTITUTIONAL
57-9 DIVISION OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE. The court
57-10 shall commit an inmate patient to an inpatient mental health
57-11 facility of the institutional division of the Texas Department of
57-12 Criminal Justice if the court enters an order requiring temporary
57-13 mental health services for the inmate patient under an application
57-14 filed by a psychiatrist for the institutional division under
57-15 Section 501.057 <500.057>, Government Code.
57-16 SECTION 6.51. Section 576.008, Health and Safety Code, is
57-17 amended to conform more closely to the source law from which it was
57-18 derived to read as follows:
57-19 Sec. 576.008. NOTIFICATION OF PROTECTION AND ADVOCACY
57-20 SYSTEM. A patient shall be informed in writing, at the time of
57-21 admission and <or> discharge, of the existence, purpose, telephone
57-22 number, and address of the protection and advocacy system
57-23 established in this state under the federal Protection and Advocacy
57-24 for Mentally Ill Individuals Act of 1986 (42 U.S.C. Sec. 10801, et
57-25 seq.).
57-26 SECTION 6.52. Sections 614.001(4)-(8), Health and Safety
57-27 Code, are amended to conform to Section 1, Chapter 566, Acts of the
57-28 72nd Legislature, Regular Session, 1991, to read as follows:
57-29 (4) "Developmental disability" means a <condition of>
57-30 severe, chronic disability that:
57-31 (A) is attributable to a mental or physical
57-32 impairment or a combination of physical and mental impairments;
57-33 (B) is manifested before the person reaches 22
57-34 years of age;
57-35 (C) is likely to continue indefinitely;
57-36 (D) results in substantial functional
57-37 limitations in three or more of the following areas of major life
57-38 activity:
57-39 (i) self-care;
57-40 (ii) self-direction;
57-41 (iii) learning;
57-42 (iv) receptive and expressive language;
57-43 (v) mobility;
57-44 (vi) capacity for independent living; or
57-45 (vii) economic self-sufficiency; and
57-46 (E) reflects the person's need for a combination
57-47 and sequence of special, interdisciplinary, or generic care,
57-48 treatment, or other services of extended or lifelong duration that
57-49 are individually planned and coordinated.
57-50 (5) "Mental illness" has the meaning assigned by
57-51 Section 571.003 <means an illness, disease, or condition that:>
57-52 <(A) substantially impairs a person's thought,
57-53 perception of reality, emotional process, or judgment; or>
57-54 <(B) grossly impairs a person's behavior, as
57-55 shown by recent disturbed behavior>.
57-56 (6) "Mental retardation" has the meaning assigned by
57-57 Section 591.003 <means significantly subaverage intellectual
57-58 functioning that originated during the developmental period and
57-59 exists concurrently with deficits in adaptive behavior>.
57-60 (7) "Offender with a mental impairment" means a
57-61 juvenile or adult <person> with mental illness, mental retardation,
57-62 or a developmental disability who is arrested or charged with a
57-63 criminal offense.
57-64 (8) "Person with mental retardation" means a juvenile
57-65 or adult <person> with mental retardation that is not a mental
57-66 disorder who, because of the mental deficit, requires special
57-67 training, education, supervision, treatment, care, or control in
57-68 the person's home or community or in a private or state school for
57-69 persons with mental retardation.
57-70 SECTION 6.53. (a) Sections 614.002, 614.005, 614.007, and
58-1 614.008, Health and Safety Code, are amended to conform to Section
58-2 1, Chapter 566, Acts of the 72nd Legislature, Regular Session,
58-3 1991, and Section 1.03, Chapter 10, Acts of the 72nd Legislature,
58-4 2nd Called Session, 1991, to read as follows:
58-5 Sec. 614.002. COMPOSITION OF COUNCIL. (a) The Texas
58-6 Council on Offenders with Mental Impairments is composed of 29 <28>
58-7 members.
58-8 (b) The governor shall appoint, with the advice and consent
58-9 of the senate: <nine at-large members to serve on the council.>
58-10 (1) four at-large members who have expertise in mental
58-11 health, mental retardation, or developmental disabilities, one of
58-12 whom must be a psychiatrist;
58-13 (2) one at-large member who is the judge of a court
58-14 with criminal jurisdiction;
58-15 (3) one at-large member who is a prosecuting attorney;
58-16 (4) one at-large member who is a criminal defense
58-17 attorney;
58-18 (5) one at-large member from an established pretrial
58-19 services agency; and
58-20 (6) one at-large member who has expertise in the
58-21 criminal justice system.
58-22 (c) The executive head of each of the following agencies,
58-23 divisions of agencies, or associations, or that person's designated
58-24 representative, shall serve as a member of the council:
58-25 (1) the institutional division of the Texas Department
58-26 of Criminal Justice;
58-27 (2) the Texas Department of Mental Health and Mental
58-28 Retardation;
58-29 (3) the pardons and paroles division of the Texas
58-30 Department of Criminal Justice;
58-31 (4) the community justice assistance division of the
58-32 Texas Department of Criminal Justice;
58-33 (5) the Texas Juvenile Probation Commission;
58-34 (6) the Texas Youth Commission;
58-35 (7) the Texas Rehabilitation Commission;
58-36 (8) the Central Education Agency;
58-37 (9) the Criminal Justice Policy Council;
58-38 (10) the Mental Health Association in Texas;
58-39 (11) the Texas Commission on Alcohol and Drug Abuse;
58-40 (12) the Commission on Law Enforcement Officer
58-41 Standards and Education;
58-42 (13) the Texas Council of Community Mental Health and
58-43 Mental Retardation Centers;
58-44 (14) the Commission on Jail Standards;
58-45 (15) the Texas Planning Council for Developmental
58-46 Disabilities;
58-47 (16) the Texas Association for Retarded Citizens;
58-48 (17) the Texas Alliance for the Mentally Ill;
58-49 (18) the Parent Association for the Retarded of Texas,
58-50 Inc.; <and>
58-51 (19) the Texas Department of Human Services; and
58-52 (20) the Texas Department on Aging.
58-53 (d) In making the appointments under Subsection (b), the
58-54 governor shall attempt to reflect the geographic and economic
58-55 diversity of the state.
58-56 (e) It is a ground for removal if an at-large member:
58-57 (1) is not eligible for appointment at the time of
58-58 appointment as provided by Subsections (b) and (g);
58-59 (2) is absent from more than half of the regularly
58-60 scheduled council meetings that the member is eligible to attend
58-61 during each calendar year; or
58-62 (3) is absent from more than two consecutive regularly
58-63 scheduled council meetings that the member is eligible to attend.
58-64 (f) A representative designated by the executive head of a
58-65 state agency must be an officer or employee of the agency when
58-66 designated and while serving on the council, except the
58-67 representative designated by the director of the Criminal Justice
58-68 Policy Council must be an employee of that council.
58-69 (g) Members who are not associated with a state agency or
58-70 division <(e) At-large members of the council and members
59-1 representing associations> must have expertise in the
59-2 rehabilitation of persons with mental illness, mental retardation,
59-3 or a developmental disability when appointed or designated and
59-4 while serving on the council.
59-5 Sec. 614.005. OFFICERS; MEETINGS. (a) The council shall
59-6 elect a presiding officer <chairman> from its members at the first
59-7 meeting of each calendar year.
59-8 (b) The council shall meet at least four times each year and
59-9 may meet at other times at the call of the presiding officer
59-10 <chairman> or as provided by council rule.
59-11 Sec. 614.007. POWERS AND DUTIES. The council shall:
59-12 (1) determine the status of offenders with mental
59-13 impairments in the state criminal justice system;
59-14 (2) identify needed services for offenders with mental
59-15 impairments;
59-16 (3) develop a plan for meeting the treatment,
59-17 rehabilitative, and educational needs of offenders with mental
59-18 impairments that includes a case management system and the
59-19 development of community-based alternatives to incarceration;
59-20 (4) cooperate in coordinating procedures of
59-21 represented agencies for the orderly provision of services for
59-22 offenders with mental impairments;
59-23 (5) evaluate programs in this state and outside this
59-24 state for offenders with mental impairments and recommend to the
59-25 directors of state programs methods of improving the programs;
59-26 (6) collect and disseminate information about
59-27 available programs to judicial officers, law enforcement officers,
59-28 probation and parole officers, providers of social services or
59-29 treatment, and the public;
59-30 (7) provide technical assistance to represented
59-31 agencies and organizations in the development of appropriate
59-32 training programs;
59-33 (8) apply for and receive money made available by the
59-34 federal or state government or by any other public or private
59-35 source to be used by the council to perform its duties;
59-36 (9) distribute to political subdivisions, private
59-37 organizations, or other persons money appropriated by the
59-38 legislature to be used for the development, operation, or
59-39 evaluation of programs for offenders with mental impairments;
59-40 (10) develop and implement pilot projects to
59-41 demonstrate a cooperative program to identify, evaluate, and manage
59-42 outside of incarceration offenders with mental impairments who do
59-43 not have an instant offense that is an offense described in Section
59-44 3g, Article 42.12, Code of Criminal Procedure; and
59-45 (11) assess the need for demonstration projects and
59-46 provide management for approved projects.
59-47 Sec. 614.008. PILOT PROGRAM. (a) The council shall
59-48 establish a pilot program in a county selected by the council to
59-49 implement a cooperative community-based alternative system to
59-50 divert <nonviolent mentally or emotionally impaired offenders> from
59-51 the state criminal justice system offenders with mental impairments
59-52 who do not have an instant offense that is an offense described in
59-53 Section 3g, Article 42.12, Code of Criminal Procedure, and to
59-54 rehabilitate those offenders.
59-55 (b) The program must conform to the report and
59-56 recommendations made by the Texas Department of Mental Health and
59-57 Mental Retardation and the Texas Department of Corrections to the
59-58 70th Legislature as directed by S.C.R. No. 128, 69th Legislature,
59-59 Regular Session, 1985.
59-60 (c) The council may contract for or employ and train a case
59-61 management team to carry out the purposes of the program and to
59-62 coordinate the joint efforts of agencies represented on the
59-63 council.
59-64 (d) The agencies represented on the council shall perform
59-65 duties and offer services as required by the council to further the
59-66 purposes of the pilot program and the council.
59-67 (b) Section 614.010, Health and Safety Code, is repealed.
59-68 SECTION 6.54. The following provisions of the Acts of the
59-69 72nd Legislature, Regular Session, 1991, are repealed:
59-70 (1) Chapter 248;
60-1 (2) Chapter 379;
60-2 (3) Chapter 566;
60-3 (4) Sections 1-7, Chapter 567;
60-4 (5) Chapter 569;
60-5 (6) Chapter 596;
60-6 (7) Section 24, Chapter 599;
60-7 (8) Chapter 619; and
60-8 (9) Section 6, Chapter 627.
60-9 ARTICLE 7. CHANGES RELATING TO HUMAN RESOURCES CODE
60-10 SECTION 7.01. (a) Title 9, Human Resources Code, is amended
60-11 to codify Section 5.04, Chapter 15, Acts of the 72nd Legislature,
60-12 1st Called Session, 1991 (Article 4413(701), Revised Statutes), by
60-13 adding Chapter 131 to read as follows:
60-14 CHAPTER 131. HEALTH AND HUMAN SERVICES TRANSPORTATION
60-15 AND PLANNING OFFICE
60-16 Sec. 131.001. OFFICE. The Health and Human Services
60-17 Transportation and Planning Office is in the governor's office.
60-18 Sec. 131.002. POWERS AND DUTIES. The office shall:
60-19 (1) collect data on health and human services client
60-20 transportation needs, services, and expenditures;
60-21 (2) create a statewide coordination plan regarding a
60-22 system of transportation for clients of health and human services
60-23 agencies, including the designation of local transportation
60-24 coordinators;
60-25 (3) establish standards of reporting and accounting
60-26 methods for all agencies providing health and human services client
60-27 transportation;
60-28 (4) maximize federal funds for client transportation
60-29 through the use of available state funds for matching purposes and
60-30 the possible use of oil overcharge money and planning funds
60-31 available through the federal department of transportation;
60-32 (5) evaluate the effectiveness of pooling client
60-33 transportation resources for capital acquisition and the joint
60-34 purchase of liability insurance;
60-35 (6) assist state agencies in coordinating
60-36 transportation resources;
60-37 (7) ensure coordination between the office and the
60-38 Texas Department of Transportation with regard to the use of funds
60-39 received by the department under 49 U.S.C. Section 1612(b)(1);
60-40 (8) examine the feasibility of consolidating all
60-41 funding for health and human services client transportation and
60-42 creating a transportation system through which clients of a state
60-43 or local agency or program could be matched with the most
60-44 cost-effective and appropriate transportation services for their
60-45 needs; and
60-46 (9) evaluate the use of existing computer software for
60-47 use at the local level in client transportation services.
60-48 Sec. 131.003. OFFICE STAFF. The governor shall employ staff
60-49 needed to carry out the duties of the office.
60-50 (b) Article 4413(701), Revised Statutes, is repealed.
60-51 ARTICLE 8. CHANGES RELATING TO LOCAL GOVERNMENT CODE
60-52 SECTION 8.01. (a) Subtitle B, Title 7, Local Government
60-53 Code, is amended to codify Section 1, Chapter 881, Acts of the 72nd
60-54 Legislature, Regular Session, 1991 (Article 2372dd-2, Revised
60-55 Statutes), by adding Chapter 238 to read as follows:
60-56 CHAPTER 238. COUNTY REGULATION OF CERTAIN OUTDOOR BUSINESSES
60-57 Sec. 238.001. DEFINITIONS. In this chapter:
60-58 (1) "Automotive wrecking and salvage yard" means a
60-59 business that stores three or more wrecked vehicles outdoors for
60-60 the purpose of dismantling or otherwise wrecking the vehicles to
60-61 remove parts for sale or for use in an automotive repair or
60-62 rebuilding business.
60-63 (2) "Demolition business" means a business that
60-64 demolishes structures, including houses and other buildings, in
60-65 order to salvage building materials and that stores those materials
60-66 before disposing of them.
60-67 (3) "Flea market" means an outdoor market for selling
60-68 secondhand articles or antiques.
60-69 (4) "Junkyard" means a business that stores, buys, or
60-70 sells materials that have been discarded or sold at a nominal price
61-1 by a previous owner and that keeps all or part of the materials
61-2 outdoors until disposing of them.
61-3 (5) "Outdoor resale business" means a business that
61-4 sells used merchandise, other than automobiles, logging equipment,
61-5 or other agricultural equipment, and stores or displays the
61-6 merchandise outdoors.
61-7 (6) "Recycling business" means a business that is
61-8 primarily engaged in:
61-9 (A) converting ferrous or nonferrous metals or
61-10 other materials into raw material products having prepared grades
61-11 and having an existing or potential economic value;
61-12 (B) using raw material products of that kind in
61-13 the production of new products; or
61-14 (C) obtaining or storing ferrous or nonferrous
61-15 metals or other materials for a purpose described by Paragraph (A)
61-16 or (B).
61-17 Sec. 238.002. AUTHORITY TO REGULATE; ADOPTION OF RULE.
61-18 (a) The commissioners court of a county by order may establish
61-19 visual aesthetic standards for automotive wrecking and salvage
61-20 yards, junkyards, recycling businesses, flea markets, demolition
61-21 businesses, and outdoor resale businesses in the unincorporated
61-22 area of the county.
61-23 (b) The commissioners court may not include in an order
61-24 adopted under this section a screening requirement for an
61-25 automotive wrecking and salvage yard or a junkyard that is less
61-26 restrictive than the screening requirement under Chapter 953, Acts
61-27 of the 70th Legislature, Regular Session, 1987 (Article 2372dd-1,
61-28 Vernon's Texas Civil Statutes).
61-29 (c) An order adopted under this section must provide a
61-30 reasonable period of time not to exceed 12 months for a business
61-31 operating on the effective date of the order to comply with the
61-32 visual aesthetic standards.
61-33 Sec. 238.003. EXCEPTIONS. (a) A commissioners court may
61-34 not regulate under this chapter farm machinery owned or operated by
61-35 the person on whose property the machinery is located and kept on
61-36 that property for purposes other than sale.
61-37 (b) A business subject to a screening requirement under
61-38 Chapter 886, Acts of the 68th Legislature, Regular Session, 1983
61-39 (Article 2372dd, Vernon's Texas Civil Statutes), Chapter 953, Acts
61-40 of the 70th Legislature, Regular Session, 1987 (Article 2372dd-1,
61-41 Vernon's Texas Civil Statutes), or Section 4.08, Chapter 741, Acts
61-42 of the 67th Legislature, Regular Session, 1981 (Article 4477-9a,
61-43 Vernon's Texas Civil Statutes), that was in compliance with that
61-44 screening requirement on August 26, 1991, is exempt from a
61-45 screening requirement adopted under this chapter.
61-46 Sec. 238.004. CIVIL PENALTY. (a) The appropriate attorney
61-47 representing the county in civil cases may file a civil action to
61-48 recover a civil penalty from a business that violates a visual
61-49 aesthetic standard established under this chapter. The penalty
61-50 may not exceed $50 each day for the first 10 days of the violation,
61-51 $100 each day for the next 10 days, $250 each day for the next 10
61-52 days, and $1,000 for each day thereafter. In determining the
61-53 amount of the penalty, the court shall consider the seriousness of
61-54 the violation.
61-55 (b) A penalty recovered under this section shall be
61-56 deposited in the general fund of the county.
61-57 (b) Article 2372dd-2, Revised Statutes, is repealed.
61-58 SECTION 8.02. Section 332.004(c), Local Government Code, as
61-59 added by Chapter 807, Acts of the 72nd Legislature, Regular
61-60 Session, 1991, is renumbered as Section 445.022, Local Government
61-61 Code, to relocate that law to a more appropriate chapter of the
61-62 Local Government Code.
61-63 ARTICLE 9. REPEALER
61-64 SECTION 9.01. Section 9, Chapter 114, Acts of the 69th
61-65 Legislature, Regular Session, 1985 (Article 326k-89, Vernon's Texas
61-66 Civil Statutes), is repealed as duplicative of Section 46.005,
61-67 Government Code, which applies to the Anderson County criminal
61-68 district attorney.
61-69 SECTION 9.02. Chapter 1, page 328, General Laws, Acts of the
61-70 46th Legislature, 1939 (Article 3923a, Vernon's Texas Civil
62-1 Statutes), is repealed as impliedly repealed by subsequent
62-2 amendments to former Article 3923, Revised Statutes, codified as
62-3 Section 51.005, Government Code.
62-4 ARTICLE 10. RENUMBERING
62-5 SECTION 10.01. The following provisions of enacted codes are
62-6 renumbered or relettered and appropriate cross-references are
62-7 changed in order to eliminate duplicate citations or to relocate
62-8 misplaced provisions:
62-9 (1) Subsection (c), Section 11, Article 42.12, Code of
62-10 Criminal Procedure, as added by Section 1, Chapter 285, Acts of the
62-11 72nd Legislature, Regular Session, 1991, is relettered as
62-12 Subsection (d), Section 11, Article 42.12, Code of Criminal
62-13 Procedure.
62-14 (2) Section 2.09a, Education Code, is renumbered as
62-15 Section 2.091, Education Code.
62-16 (3) Subchapter N, Chapter 51, Education Code, as added
62-17 by Chapter 772, Acts of the 70th Legislature, Regular Session,
62-18 1987, is relettered as Subchapter O, Chapter 51, Education Code.
62-19 (4) Subchapter N, Chapter 51, Education Code, as added
62-20 by Chapter 44, Acts of the 70th Legislature, Regular Session, 1987,
62-21 is relettered as Subchapter P, Chapter 51, Education Code.
62-22 (5) Subchapter O, Chapter 51, Education Code, as added
62-23 by Chapter 1084, Acts of the 71st Legislature, Regular Session,
62-24 1989, is relettered as Subchapter Q, Chapter 51, Education Code.
62-25 (6) Subsection (i), Section 53.009, Government Code,
62-26 as added by Section 5, Chapter 819, Acts of the 72nd Legislature,
62-27 Regular Session, 1991, is relettered as Subsection (j), Section
62-28 53.009, Government Code.
62-29 (7) Subchapter L, Chapter 403, Government Code, as
62-30 added by Section 3.061(a), Chapter 5, Acts of the 72nd Legislature,
62-31 1st Called Session, 1991, is relettered as Subchapter M, Chapter
62-32 403, Government Code.
62-33 (8) Section 825.507, Government Code, as added by
62-34 Section 29, Chapter 13, Acts of the 72nd Legislature, 1st Called
62-35 Session, 1991, is renumbered as Section 825.508, Government Code.
62-36 (9) Subchapter I, Chapter 161, Health and Safety Code,
62-37 as added by Chapter 695, Acts of the 72nd Legislature, Regular
62-38 Session, 1991, is relettered as Subchapter J, Chapter 161, Health
62-39 and Safety Code.
62-40 (10) Section 91.110, Natural Resources Code, as added
62-41 by Section 13, Chapter 603, Acts of the 72nd Legislature, Regular
62-42 Session, 1991, is renumbered as Section 91.114, Natural Resources
62-43 Code.
62-44 (11) Subchapter L, Chapter 43, Parks and Wildlife
62-45 Code, as added by Chapter 640, Acts of the 69th Legislature,
62-46 Regular Session, 1985, is relettered as Subchapter M, Chapter 43,
62-47 Parks and Wildlife Code.
62-48 (12) Subchapter M, Chapter 43, Parks and Wildlife
62-49 Code, is relettered as Subchapter N, Chapter 43, Parks and Wildlife
62-50 Code.
62-51 (13) Subchapter N, Chapter 43, Parks and Wildlife
62-52 Code, as added by Chapter 883, Acts of the 72nd Legislature,
62-53 Regular Session, 1991, is relettered as Subchapter O, Chapter 43,
62-54 Parks and Wildlife Code.
62-55 (14) Subchapter N, Chapter 43, Parks and Wildlife
62-56 Code, as added by Chapter 586, Acts of the 72nd Legislature,
62-57 Regular Session, 1991, is relettered as Subchapter P, Chapter 43,
62-58 Parks and Wildlife Code.
62-59 SECTION 10.02. If the number, letter, or designation
62-60 assigned by this article conflicts with a number, letter, or
62-61 designation assigned by another Act of the 73rd Legislature, the
62-62 other Act controls, and the number, letter, or designation assigned
62-63 by this article has no effect.
62-64 ARTICLE 11. EMERGENCY
62-65 SECTION 11.01. The importance of this legislation and the
62-66 crowded condition of the calendars in both houses create an
62-67 emergency and an imperative public necessity that the
62-68 constitutional rule requiring bills to be read on three several
62-69 days in each house be suspended, and this rule is hereby suspended.
62-70 * * * * *
63-1 Austin,
63-2 Texas
63-3 April 7, 1993
63-4 Hon. Bob Bullock
63-5 President of the Senate
63-6 Sir:
63-7 We, your Committee on Administration to which was referred H.B.
63-8 No. 947, have had the same under consideration, and I am instructed
63-9 to report it back to the Senate with the recommendation that it do
63-10 pass and be printed.
63-11 Haley,
63-12 Chairman
63-13 * * * * *
63-14 WITNESSES
63-15 FOR AGAINST ON
63-16 ___________________________________________________________________
63-17 Name: Jim Nance x
63-18 Representing: Legislative Council
63-19 City: Austin
63-20 -------------------------------------------------------------------