By: Ratliff S.B. No. 451
73R5 RJA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to nonsubstantive additions to and corrections in enacted
1-3 codes, including the nonsubstantive codification of various laws
1-4 omitted from enacted codes, and to conforming codifications enacted
1-5 by the 72nd Legislature to other Acts of that legislature.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 ARTICLE 1. GENERAL PROVISIONS
1-8 SECTION 1.01. This Act is enacted as part of the state's
1-9 continuing statutory revision program under Chapter 323, Government
1-10 Code. This Act is a revision for purposes of Article III, Section
1-11 43, of the Texas Constitution and has the purposes of:
1-12 (1) codifying without substantive change various
1-13 statutes that were omitted from enacted codes;
1-14 (2) conforming codifications enacted by the 72nd
1-15 Legislature to other Acts of that legislature that amended the laws
1-16 codified or added new law to subject matter codified;
1-17 (3) making necessary corrections to enacted
1-18 codifications; and
1-19 (4) renumbering titles, chapters, and sections of
1-20 codes that duplicate title, chapter, or section numbers.
1-21 SECTION 1.02. (a) The repeal of a statute by this Act does
1-22 not affect an amendment, revision, or reenactment of the statute by
1-23 the 73rd Legislature, Regular Session, 1993. The amendment,
1-24 revision, or reenactment is preserved and given effect as part of
2-1 the code provision that revised the statute so amended, revised, or
2-2 reenacted.
2-3 (b) If any provision of this Act conflicts with a statute
2-4 enacted by the 73rd Legislature, Regular Session, 1993, the statute
2-5 controls.
2-6 SECTION 1.03. (a) A transition or savings provision of a
2-7 law codified by this Act applies to the codified law to the same
2-8 extent as it applied to the original law.
2-9 (b) The repeal of a transition or savings provision by this
2-10 Act does not affect the application of the provision to the
2-11 codified law.
2-12 (c) In this section, "transition provision" includes any
2-13 temporary provision providing for a special situation in the
2-14 transition period between the existing law and the establishment or
2-15 implementation of the new law.
2-16 ARTICLE 2. CHANGES RELATING TO EDUCATION CODE
2-17 SECTION 2.01. Section 67.26, Education Code, is amended to
2-18 read as follows:
2-19 Sec. 67.26. UNIVERSITY INTERSCHOLASTIC LEAGUE; VENUE FOR
2-20 SUITS. Venue for suits brought against the University
2-21 Interscholastic League or for suits involving the interpretation or
2-22 enforcement of the rules or regulations of the University
2-23 Interscholastic League shall be in Travis County, Texas. When the
2-24 litigation involves a school district located within Travis County,
2-25 it shall be heard by a visiting judge.
2-26 SECTION 2.02. Section 70.06, Education Code, is repealed
2-27 because:
3-1 (1) Subsection (a) of Section 70.06 conflicts with
3-2 Section 70.08, Education Code, a later enactment;
3-3 (2) Subsection (b) of Section 70.06 is expired; and
3-4 (3) Subsection (c) of Section 70.06 is duplicative of
3-5 authority granted in Section 70.03, Education Code, to grant
3-6 graduate degrees.
3-7 ARTICLE 3. CHANGES RELATING TO TEXAS ETHICS COMMISSION--ELECTION
3-8 CODE AND GOVERNMENT CODE
3-9 SECTION 3.01. Section 251.006(b), Election Code, is amended
3-10 to conform to Section 1.39(b), Chapter 304, Acts of the 72nd
3-11 Legislature, Regular Session, 1991, to correct a reference to read
3-12 as follows:
3-13 (b) A candidate for an elective office of the federal
3-14 government shall file with the commission <secretary of state> a
3-15 copy of each document relating to his candidacy that is required to
3-16 be filed under federal law. The document shall be filed within the
3-17 same period in which it is required to be filed under the federal
3-18 law.
3-19 SECTION 3.02. The heading to Subchapter B, Chapter 251,
3-20 Election Code, is amended to conform to Section 1.39(b), Chapter
3-21 304, Acts of the 72nd Legislature, Regular Session, 1991, to
3-22 correct a reference to read as follows:
3-23 SUBCHAPTER B. DUTIES OF THE COMMISSION
3-24 <SECRETARY OF STATE>
3-25 SECTION 3.03. Section 251.032, Election Code, is amended to
3-26 conform to Section 1.39(b), Chapter 304, Acts of the 72nd
3-27 Legislature, Regular Session, 1991, to correct a reference to read
4-1 as follows:
4-2 Sec. 251.032. Forms. In addition to furnishing samples of
4-3 the appropriate forms to the authorities having administrative
4-4 duties under this title, the commission <secretary of state> shall
4-5 furnish the forms to each political party's state executive
4-6 committee and county chairman of each county executive committee.
4-7 SECTION 3.04. Section 251.033, Election Code, is amended to
4-8 conform to Section 1.39(b), Chapter 304, Acts of the 72nd
4-9 Legislature, Regular Session, 1991, to correct a reference to read
4-10 as follows:
4-11 Sec. 251.033. Notification Of Deadline For Filing Reports.
4-12 (a) The commission <secretary of state> shall notify each person
4-13 responsible for filing a report with the commission <secretary>
4-14 under Subchapters C through F, Chapter 254, of the deadline for
4-15 filing a report, except that notice of the deadline is not required
4-16 for a political committee involved in an election other than a
4-17 primary election or the general election for state and county
4-18 officers.
4-19 (b) If the commission <secretary of state> is unable to
4-20 notify a person of a deadline after two attempts, the commission
4-21 <secretary> is not required to make any further attempts to notify
4-22 the person of that deadline or any future deadlines until the
4-23 person has notified the commission <secretary of state> of the
4-24 person's current address.
4-25 SECTION 3.05. Section 252.002(b), Election Code, is amended
4-26 to conform to Section 1.39(b), Chapter 304, Acts of the 72nd
4-27 Legislature, Regular Session, 1991, to correct a reference to read
5-1 as follows:
5-2 (b) A political committee that files its campaign treasurer
5-3 appointment with the commission <secretary of state> must notify
5-4 the commission <secretary> in writing of any change in the campaign
5-5 treasurer's address not later than the 10th day after the date on
5-6 which the change occurs.
5-7 SECTION 3.06. Sections 252.003(b) and (c), Election Code,
5-8 are amended to conform to Section 1.39(b), Chapter 304, Acts of the
5-9 72nd Legislature, Regular Session, 1991, to correct a reference to
5-10 read as follows:
5-11 (b) If any of the information required to be included in a
5-12 general-purpose committee's appointment changes, excluding changes
5-13 reported under Section 252.002(b), the committee shall file an
5-14 amended appointment with the commission <secretary of state> not
5-15 later than the 30th day after the date the change occurs.
5-16 (c) The name of a general-purpose committee may not be the
5-17 same as or deceptively similar to the name of any other
5-18 general-purpose committee whose campaign treasurer appointment is
5-19 filed with the commission <secretary of state>. The commission
5-20 <secretary> shall determine whether the name of a general-purpose
5-21 political committee is in violation of this prohibition and shall
5-22 immediately notify the campaign treasurer of the offending
5-23 political committee of that determination. The campaign treasurer
5-24 of the political committee must file a name change with the
5-25 commission <secretary> not later than the 14th day after the date
5-26 of notification. A campaign treasurer who fails to file a name
5-27 change as provided by this subsection or a political committee that
6-1 continues to use a prohibited name after its campaign treasurer has
6-2 been notified by the commission <secretary> commits an offense. An
6-3 offense under this subsection is a Class B misdemeanor.
6-4 SECTION 3.07. Section 252.005, Election Code, is amended to
6-5 conform to Section 1.39(b), Chapter 304, Acts of the 72nd
6-6 Legislature, Regular Session, 1991, to correct a reference to read
6-7 as follows:
6-8 Sec. 252.005. Authority with whom Appointment Filed:
6-9 Candidate. An individual must file a campaign treasurer
6-10 appointment for the individual's own candidacy with:
6-11 (1) the commission <secretary of state>, if the
6-12 appointment is made for candidacy for:
6-13 (A) a statewide office;
6-14 (B) a district office filled by voters of more
6-15 than one county;
6-16 (C) state senator;
6-17 (D) state representative; or
6-18 (E) the State Board of Education;
6-19 (2) the county clerk, if the appointment is made for
6-20 candidacy for a county office, a precinct office, or a district
6-21 office other than one included in Subdivision (1);
6-22 (3) the clerk or secretary of the governing body of
6-23 the political subdivision or, if the political subdivision has no
6-24 clerk or secretary, with the governing body's presiding officer, if
6-25 the appointment is made for candidacy for an office of a political
6-26 subdivision other than a county;
6-27 (4) the county clerk if:
7-1 (A) the appointment is made for candidacy for an
7-2 office of a political subdivision other than a county;
7-3 (B) the governing body for the political
7-4 subdivision has not been formed; and
7-5 (C) no boundary of the political subdivision
7-6 crosses a boundary of the county; or
7-7 (5) the commission <secretary of state> if:
7-8 (A) the appointment is made for candidacy for an
7-9 office of a political subdivision other than a county;
7-10 (B) the governing body for the political
7-11 subdivision has not been formed; and
7-12 (C) the political subdivision is situated in
7-13 more than one county.
7-14 SECTION 3.08. Section 252.007, Election Code, is amended to
7-15 conform to Section 1.39(b), Chapter 304, Acts of the 72nd
7-16 Legislature, Regular Session, 1991, to correct a reference to read
7-17 as follows:
7-18 Sec. 252.007. Authority With Whom Appointment Filed:
7-19 Specific-Purpose Committee For Supporting Or Opposing Measure. A
7-20 specific-purpose committee for supporting or opposing a measure
7-21 must file its campaign treasurer appointment with:
7-22 (1) the commission <secretary of state>, if the
7-23 measure is to be submitted to voters of the entire state;
7-24 (2) the county clerk, if the measure is to be
7-25 submitted to voters of a single county in an election ordered by a
7-26 county authority;
7-27 (3) the secretary of the governing body of the
8-1 political subdivision or, if the political subdivision has no
8-2 secretary, with the governing body's presiding officer, if the
8-3 measure is to be submitted at an election ordered by an authority
8-4 of a political subdivision other than a county;
8-5 (4) the county clerk if:
8-6 (A) the measure concerns a political subdivision
8-7 other than a county;
8-8 (B) the governing body for the political
8-9 subdivision has not been formed; and
8-10 (C) no boundary of the political subdivision
8-11 crosses a boundary of a county; or
8-12 (5) the commission <secretary of state> if:
8-13 (A) the measure concerns a political subdivision
8-14 other than a county;
8-15 (B) the governing body for the political
8-16 subdivision has not been formed; and
8-17 (C) the political subdivision is situated in
8-18 more than one county.
8-19 SECTION 3.09. Section 252.008, Election Code, is amended to
8-20 conform to Section 1.39(b), Chapter 304, Acts of the 72nd
8-21 Legislature, Regular Session, 1991, to correct a reference to read
8-22 as follows:
8-23 Sec. 252.008. Multiple Filings By Specific-Purpose Committee
8-24 Not Required. If under this chapter a specific-purpose committee
8-25 is required to file its campaign treasurer appointment with more
8-26 than one authority, the appointment need only be filed with the
8-27 commission <secretary of state> and, if so filed, need not be filed
9-1 with the other authorities.
9-2 SECTION 3.10. Section 252.009, Election Code, is amended to
9-3 conform to Section 1.39(b), Chapter 304, Acts of the 72nd
9-4 Legislature, Regular Session, 1991, to correct a reference to read
9-5 as follows:
9-6 Sec. 252.009. Authority with Whom Appointment Filed:
9-7 General-Purpose Committee. A general-purpose committee must file
9-8 its campaign treasurer appointment with the commission <secretary
9-9 of state>.
9-10 SECTION 3.11. Section 252.012(c), Election Code, is amended
9-11 to conform to Section 1.39(b), Chapter 304, Acts of the 72nd
9-12 Legislature, Regular Session, 1991, to correct a reference to read
9-13 as follows:
9-14 (c) If the campaign treasurer of a specific-purpose
9-15 political committee required to file its campaign treasurer
9-16 appointment with the commission <secretary of state> or of a
9-17 general-purpose political committee is removed by the committee,
9-18 the departing campaign treasurer shall immediately file written
9-19 notification of the termination of appointment with the commission
9-20 <secretary of state>.
9-21 SECTION 3.12. Section 252.013(c), Election Code, is amended
9-22 to conform to Section 1.39(b), Chapter 304, Acts of the 72nd
9-23 Legislature, Regular Session, 1991, to correct a reference to read
9-24 as follows:
9-25 (c) If the campaign treasurer of a specific-purpose
9-26 political committee required to file its campaign treasurer
9-27 appointment with the commission <secretary of state> or of a
10-1 general-purpose political committee resigns or otherwise vacates
10-2 the position, the campaign treasurer shall immediately file written
10-3 notification of the vacancy with the commission <secretary of
10-4 state>.
10-5 SECTION 3.13. Section 252.015(a), Election Code, is amended
10-6 to conform to Section 1.39(b), Chapter 304, Acts of the 72nd
10-7 Legislature, Regular Session, 1991, to correct a reference to read
10-8 as follows:
10-9 (a) Each specific-purpose committee for supporting or
10-10 opposing a candidate for an office specified by Section 252.005(1)
10-11 or a statewide or district measure and each general-purpose
10-12 committee may appoint an assistant campaign treasurer by written
10-13 appointment filed with the commission <secretary of state>.
10-14 SECTION 3.14. Section 254.038(c), Election Code, is amended
10-15 to conform to Section 1.39(b), Chapter 304, Acts of the 72nd
10-16 Legislature, Regular Session, 1991, to correct a reference to read
10-17 as follows:
10-18 (c) A report under this section shall be filed by telegram
10-19 or telephonic facsimile machine or by hand with the commission
10-20 <secretary of state> not later than 48 hours after the contribution
10-21 is accepted.
10-22 SECTION 3.15. Section 254.039(a), Election Code, is amended
10-23 to conform to Section 1.39(b), Chapter 304, Acts of the 72nd
10-24 Legislature, Regular Session, 1991, to correct a reference to read
10-25 as follows:
10-26 (a) In addition to other reports required by this chapter, a
10-27 general-purpose committee that makes direct campaign expenditures
11-1 supporting or opposing either a single candidate that in the
11-2 aggregate exceed $1,000 or a group of candidates that in the
11-3 aggregate exceed $15,000 during the period beginning the ninth day
11-4 before election day and ending at 12 noon on the second day before
11-5 election day shall file a report by telegram or telephonic
11-6 facsimile machine or by hand with the commission <secretary of
11-7 state> not later than 48 hours after the expenditure is made.
11-8 SECTION 3.16. Section 254.042(a), Election Code, is amended
11-9 to conform to Section 1.39(b), Chapter 304, Acts of the 72nd
11-10 Legislature, Regular Session, 1991, to correct a reference to read
11-11 as follows:
11-12 (a) The commission <secretary of state> shall determine from
11-13 any available evidence whether a report, other than a telegram
11-14 report under Section 254.038 or 254.039, required to be filed with
11-15 the commission <secretary> under this chapter is late. On making
11-16 that determination, the commission <secretary> shall immediately
11-17 mail a notice of the determination to the person required to file
11-18 the report.
11-19 SECTION 3.17. Section 254.095, Election Code, is amended to
11-20 conform to Section 1.39(b), Chapter 304, Acts of the 72nd
11-21 Legislature, Regular Session, 1991, to correct a reference to read
11-22 as follows:
11-23 Sec. 254.095. REPORT NOT REQUIRED. If at the end of any
11-24 reporting period prescribed by this subchapter an officeholder who
11-25 is required to file a report with an authority other than the
11-26 commission <secretary of state> has not accepted political
11-27 contributions that in the aggregate exceed $500 or made political
12-1 expenditures that in the aggregate exceed $500, the officeholder is
12-2 not required to file a report covering that period.
12-3 SECTION 3.18. Section 254.155(b), Election Code, is amended
12-4 to conform to Section 1.39(b), Chapter 304, Acts of the 72nd
12-5 Legislature, Regular Session, 1991, to correct a reference to read
12-6 as follows:
12-7 (b) To be entitled to file monthly reports, the committee
12-8 must deliver written notice of the committee's intent to file
12-9 monthly to the commission <secretary of state> not earlier than
12-10 January 1 or later than January 15 of the year in which the
12-11 committee intends to file monthly. The notice for a committee
12-12 formed after January 15 must be delivered at the time the
12-13 committee's campaign treasurer appointment is filed.
12-14 SECTION 3.19. Section 254.162, Election Code, is amended to
12-15 conform to Section 1.39(b), Chapter 304, Acts of the 72nd
12-16 Legislature, Regular Session, 1991, to correct a reference to read
12-17 as follows:
12-18 Sec. 254.162. NOTICE OF CHANGE IN COMMITTEE STATUS. If a
12-19 general-purpose committee changes its operation and becomes a
12-20 specific-purpose committee, notice of the change in status shall be
12-21 given to the commission <secretary of state> as provided by Section
12-22 254.129 for a specific-purpose committee.
12-23 SECTION 3.20. Section 254.163, Election Code, is amended to
12-24 conform to Section 1.39(b), Chapter 304, Acts of the 72nd
12-25 Legislature, Regular Session, 1991, to correct a reference to read
12-26 as follows:
12-27 Sec. 254.163. AUTHORITY WITH WHOM REPORTS FILED. Reports
13-1 filed under this subchapter shall be filed with the commission
13-2 <secretary of state>.
13-3 SECTION 3.21. Sections 302.013(a) and (d), Government Code,
13-4 are amended to conform to Section 1.39(b), Chapter 304, Acts of the
13-5 72nd Legislature, Regular Session, 1991, to correct a reference to
13-6 read as follows:
13-7 (a) Each speaker candidate shall file a sworn statement with
13-8 the Texas Ethics Commission <secretary of state> listing the
13-9 information required by Section 302.014.
13-10 (d) Each speaker candidate shall file the statement on an
13-11 official form designed by the Texas Ethics Commission <secretary of
13-12 state>.
13-13 SECTION 3.22. Section 302.015, Government Code, is amended
13-14 to conform to Section 1.39(b), Chapter 304, Acts of the 72nd
13-15 Legislature, Regular Session, 1991, to correct a reference to read
13-16 as follows:
13-17 Sec. 302.015. REQUISITES OF FILING. (a) Except as provided
13-18 by Subsection (b), a statement is considered to be filed in
13-19 compliance with this subchapter if the postmark shows that it was
13-20 sent to the Texas Ethics Commission <secretary of state> at its
13-21 <his> official post office address by registered or certified mail
13-22 from any point in this state before the filing deadline.
13-23 (b) A statement required to be filed on the day before a
13-24 regular or called session convenes must actually be delivered and
13-25 in the possession of the Texas Ethics Commission <secretary of
13-26 state> not later than 4 p.m. of that day.
13-27 SECTION 3.23. Section 305.008(a), Government Code, is
14-1 amended to conform to Section 1.39(b), Chapter 304, Acts of the
14-2 72nd Legislature, Regular Session, 1991, to correct a reference to
14-3 read as follows:
14-4 (a) A person who ceases to engage in activities requiring
14-5 registration under this chapter shall file a written, verified
14-6 statement with the commission <secretary> acknowledging the
14-7 termination of activities. The notice is effective immediately.
14-8 SECTION 3.24. Section 305.009(b), Government Code, is
14-9 amended to conform to Section 1.39(b), Chapter 304, Acts of the
14-10 72nd Legislature, Regular Session, 1991, to correct a reference to
14-11 read as follows:
14-12 (b) The commission <secretary> shall:
14-13 (1) design and provide appropriate forms, covering
14-14 only the items required to be disclosed under this chapter, to be
14-15 used for the registration and reporting of required information;
14-16 (2) maintain registrations and reports in a separate,
14-17 alphabetical file;
14-18 (3) remove registrations and reports from the files
14-19 after five years from the date of filing; and
14-20 (4) maintain a deputy available to receive
14-21 registrations and reports and make the registrations and reports
14-22 available to the public for inspection.
14-23 SECTION 3.25. Section 305.011(c), Government Code, is
14-24 amended to conform to Section 1.39(b), Chapter 304, Acts of the
14-25 72nd Legislature, Regular Session, 1991, to correct a reference to
14-26 read as follows:
14-27 (c) The commission shall send the lists prepared under this
15-1 section to each member of the legislature. During a regular
15-2 legislative session, the commission <secretary> shall send a
15-3 monthly update of the lists to each member of the legislature and
15-4 to any person required to file under Chapter 421, Acts of the 63rd
15-5 Legislature, Regular Session, 1973 (Article 6252-9b, Vernon's Texas
15-6 Civil Statutes), who requests one.
15-7 SECTION 3.26. Section 305.026(a), Government Code, is
15-8 amended to conform to Section 1.39(b), Chapter 304, Acts of the
15-9 72nd Legislature, Regular Session, 1991, to correct a reference to
15-10 read as follows:
15-11 (a) Public funds available to a political subdivision may
15-12 not be used to compensate or reimburse the expenses over $50 of any
15-13 person for the purpose of communicating directly with a member of
15-14 the legislative branch to influence legislation, unless the person
15-15 being compensated or reimbursed resides in the district of the
15-16 member with whom the person communicates or files a written
15-17 statement with the commission <secretary of state> that includes
15-18 the person's name, the amount of compensation or reimbursement, and
15-19 the name of the affected political subdivision.
15-20 SECTION 3.27. Section 305.033(c), Government Code, is
15-21 amended to conform to Section 1.39(b), Chapter 304, Acts of the
15-22 72nd Legislature, Regular Session, 1991, to correct a reference to
15-23 read as follows:
15-24 (c) If a registration or report is more than 30 days late,
15-25 the commission <secretary> shall issue a warning of liability by
15-26 registered mail to the person responsible for the filing. If the
15-27 penalty is not paid before the 10th day after the date on which the
16-1 warning is received, the person is liable for a penalty in an
16-2 amount determined by commission rule, but not to exceed $10,000.
16-3 SECTION 3.28. Section 305.034, Government Code, is amended
16-4 to conform to Section 1.39(b), Chapter 304, Acts of the 72nd
16-5 Legislature, Regular Session, 1991, to correct a reference to read
16-6 as follows:
16-7 Sec. 305.034. FAILURE TO FILE ALL REQUIRED FORMS. (a) The
16-8 commission <secretary> shall determine whether all persons
16-9 registered under this chapter have filed all required forms,
16-10 statements, and reports.
16-11 (b) Whenever the commission <secretary> determines that a
16-12 person has failed to file any required form, statement, or report
16-13 as required by this chapter, the commission <secretary> shall send
16-14 a written statement of this finding to the person involved. Notice
16-15 to the person involved must be sent by certified mail.
16-16 (c) If the person fails to file the form, statement, or
16-17 report as required by this chapter before the 21st day after the
16-18 date on which the notice was sent, the commission <secretary> shall
16-19 file a sworn complaint of the violation with the appropriate
16-20 prosecuting attorney.
16-21 ARTICLE 4. CHANGES RELATING TO GOVERNMENT CODE
16-22 SECTION 4.01. Section 26.052, Government Code, is amended to
16-23 correct a reference to read as follows:
16-24 Sec. 26.052. PROBATE AND MENTAL HEALTH CODE CASES. (a) In
16-25 a county in which the county court and any county court created by
16-26 statute have jurisdiction in both probate matters and proceedings
16-27 under Subtitle C, Title 7, Health and Safety Code <the Texas Mental
17-1 Health Code (Article 5547-1 et seq., Vernon's Texas Civil
17-2 Statutes)>, during each year for which a statement has been filed
17-3 as provided by Subsection (b), those cases and proceedings must be
17-4 filed in a county court created by statute with jurisdiction of
17-5 those cases and proceedings.
17-6 (b) A county judge may file, not later than January 15 of
17-7 each year, a statement with the county clerk electing not to hear
17-8 probate matters and proceedings under Subtitle C, Title 7, Health
17-9 and Safety Code <the Texas Mental Health Code (Article 5547-1 et
17-10 seq., Vernon's Texas Civil Statutes)>.
17-11 SECTION 4.02. Section 443.009(b), Government Code, is
17-12 amended to correct a reference to read as follows:
17-13 (b) The board and the employees of the board have no control
17-14 over the furniture, furnishings, and decorative objects in the
17-15 offices of the members of the legislature except as provided by
17-16 Section 443.017 <443.016> or as necessary to inventory or conserve
17-17 items of historical significance owned by the state.
17-18 SECTION 4.03. (a) The heading to Subtitle E, Title 4,
17-19 Government Code, is amended to read as follows:
17-20 SUBTITLE E. OTHER EXECUTIVE AGENCIES
17-21 AND PROGRAMS
17-22 (b) Subtitle E, Title 4, Government Code, is amended to
17-23 codify Section 2, Chapter 6, Acts of the 72nd Legislature, 1st
17-24 Called Session, 1991 (Article 179g, Vernon's Texas Civil Statutes),
17-25 by adding Chapter 466 to read as follows:
17-26 CHAPTER 466. STATE LOTTERY
17-27 SUBCHAPTER A. GENERAL PROVISIONS
18-1 Sec. 466.001. SHORT TITLE. This chapter may be cited as the
18-2 State Lottery Act.
18-3 Sec. 466.002. DEFINITIONS. In this chapter:
18-4 (1) "Director" means the director of the division.
18-5 (2) "Division" means the lottery division established
18-6 in the office of the comptroller under this chapter.
18-7 (3) "Lottery" means the procedures operated by the
18-8 state under this chapter through which prizes are awarded or
18-9 distributed by chance among persons who have paid, or
18-10 unconditionally agreed to pay, for a chance or other opportunity to
18-11 receive a prize.
18-12 (4) "Lottery game" includes a lottery activity.
18-13 (5) "Lottery operator" means a person selected under
18-14 Section 466.014(b) to operate a lottery.
18-15 (6) "Player" means a person who contributes any part
18-16 of the consideration for a ticket.
18-17 (7) "Sales agent" or "sales agency" means a person
18-18 licensed under this chapter to sell tickets.
18-19 (8) "Ticket" means any tangible evidence issued to
18-20 provide participation in a lottery game authorized by this chapter.
18-21 Sec. 466.003. APPLICATION OF SUNSET ACT. (a) The lottery
18-22 division is subject to Chapter 325 (Texas Sunset Act). Unless
18-23 continued in existence as provided by that chapter, the division is
18-24 abolished and this chapter expires September 1, 2003.
18-25 (b) A contract between the division and a lottery operator
18-26 under Section 466.014(b) must terminate on or before September 1,
18-27 2004.
19-1 Sec. 466.004. EXEMPTION FROM TAXATION. (a) A political
19-2 subdivision of this state may not impose:
19-3 (1) a tax on the sale of a ticket;
19-4 (2) a tax on the payment of a prize under this
19-5 chapter; or
19-6 (3) an ad valorem tax on tickets.
19-7 (b) The receipts from the sale, use, or other consumption of
19-8 a ticket are exempt from taxation under Chapter 151, Tax Code.
19-9 (Sections 466.005-466.010 reserved for expansion
19-10 SUBCHAPTER B. ADMINISTRATION
19-11 Sec. 466.011. Lottery Division; DIRECTOR. (a) A division
19-12 to administer a state lottery is created in the office of the
19-13 comptroller. The division is administered by the director.
19-14 (b) The comptroller shall appoint a person to serve as
19-15 director and chief executive officer of the division subject to the
19-16 comptroller's direction. The director holds office at the will of
19-17 the comptroller and is specifically exempted from the Position
19-18 Classification Act of 1961 (Article 6252-11, Vernon's Texas Civil
19-19 Statutes). The director is entitled to receive an annual salary in
19-20 an amount set by the comptroller. The director also is entitled to
19-21 reimbursement for expenses actually and necessarily incurred in the
19-22 performance of the director's duties.
19-23 (c) The director may create, abolish, transfer, and
19-24 consolidate bureaus and other units in the division that are not
19-25 expressly established by law as the director determines to be
19-26 necessary for the efficient operation of the division.
19-27 (d) The legislature intends that the division be a
20-1 self-supporting, revenue-raising agency of state government.
20-2 Except as provided by Section 466.355, no appropriation, loan, or
20-3 other transfer of state funds may be made to the division.
20-4 (e) Notwithstanding Subsection (d), the comptroller may
20-5 transfer to the division amounts appropriated to the comptroller
20-6 for purposes other than the administration of this chapter. If the
20-7 comptroller proposes to transfer amounts under this subsection, the
20-8 comptroller shall notify the Legislative Budget Board in writing of
20-9 the amount of the proposed transfer. The comptroller may not make
20-10 the proposed transfer unless the board approves it. If the board
20-11 does not approve or disapprove the proposed transfer before the
20-12 10th day after the date that the comptroller notifies the board of
20-13 the proposed transfer, the board is considered to have approved the
20-14 transfer. If the board disapproves the proposed transfer, the
20-15 comptroller may request the governor to make a proposal for the
20-16 transfer of an appropriation as provided by Chapter 317.
20-17 (f) The comptroller shall reimburse any amount of an
20-18 appropriation transferred under Subsection (e) to the account or
20-19 fund from which it was transferred. The reimbursement must:
20-20 (1) be made from funds received by the comptroller for
20-21 license fees and ticket sales under this chapter; and
20-22 (2) be made not later than the first anniversary of
20-23 the date of the transfer.
20-24 (g) The comptroller's authority to transfer funds to the
20-25 division under Subsection (e) expires September 1, 1993. This
20-26 subsection and Subsections (e) and (f) expire January 1, 1995.
20-27 Sec. 466.012. DIVISION EMPLOYEES. (a) Except as otherwise
21-1 provided by law, the director may appoint deputies, assistants,
21-2 other officers and employees, committees, and consultants and may
21-3 prescribe their powers and their expenses. Division employees
21-4 serve at the will of the director.
21-5 (b) The director may not employ any person who would be
21-6 denied a license as a sales agent under Section 466.155.
21-7 (c) Division employees are specifically exempted from the
21-8 Position Classification Act of 1961 (Article 6252-11, Vernon's
21-9 Texas Civil Statutes). The director shall set the salaries of
21-10 these employees.
21-11 Sec. 466.013. MARKETING REPRESENTATIVES. The director may
21-12 employ or contract with marketing representatives to promote the
21-13 sale of tickets, to encourage persons to apply to become sales
21-14 agents, or to investigate the qualifications of sales agent
21-15 applicants. The marketing representatives are exempted from the
21-16 Position Classification Act of 1961 (Article 6252-11, Vernon's
21-17 Texas Civil Statutes) and may be compensated based on a sales
21-18 incentive system to be established by the director.
21-19 Sec. 466.014. Powers and Duties of Comptroller, Director,
21-20 and Division. (a) The comptroller and director have broad
21-21 authority and shall exercise strict control and close supervision
21-22 over all lottery games conducted in this state to promote and
21-23 ensure integrity, security, honesty, and fairness in the operation
21-24 and administration of the lottery.
21-25 (b) The director may contract with or employ a person to
21-26 perform a function, activity, or service in connection with the
21-27 operation of the lottery as prescribed by the director. A person
22-1 with whom the director contracts to operate a lottery must be
22-2 eligible for a sales agent license under Section 466.155.
22-3 (c) The director may award a contract for lottery supplies
22-4 or services, including a contract under Subsection (b), pending the
22-5 completion of any investigation authorized by this chapter. A
22-6 contract awarded under this subsection must include a provision
22-7 permitting the director to terminate the contract without penalty
22-8 if the investigation reveals that the person to whom the contract
22-9 is awarded would not be eligible for a sales agent license under
22-10 Section 466.155. The director's authority to award a contract
22-11 under this subsection expires September 1, 1993. This subsection
22-12 expires January 1, 1995.
22-13 Sec. 466.015. RULES. (a) The comptroller shall adopt all
22-14 rules necessary to administer this chapter. The director may
22-15 propose rules to be adopted by the comptroller, but the director's
22-16 proposed rules have no effect until adopted by the comptroller.
22-17 (b) The comptroller shall adopt rules to the extent they are
22-18 not inconsistent with the open meetings law, Chapter 271, Acts of
22-19 the 60th Legislature, Regular Session, 1967 (Article 6252-17,
22-20 Vernon's Texas Civil Statutes), and the open records law, Chapter
22-21 424, Acts of the 63rd Legislature, Regular Session, 1973 (Article
22-22 6252-17a, Vernon's Texas Civil Statutes), governing the:
22-23 (1) security for the lottery and the division,
22-24 including the development of an internal security plan;
22-25 (2) apportionment of the total revenues from the sale
22-26 of tickets and from all other sources in the amounts provided by
22-27 this chapter;
23-1 (3) enforcement of prohibitions on the sale of tickets
23-2 to or by an individual younger than 18 years of age; and
23-3 (4) enforcement of prohibitions on a person playing a
23-4 lottery game by telephone.
23-5 (c) The comptroller may adopt rules governing the
23-6 establishment and operation of the lottery, including rules
23-7 governing:
23-8 (1) the type of lottery games to be conducted;
23-9 (2) the price of each ticket;
23-10 (3) the number of winning tickets and amount of the
23-11 prize paid on each winning ticket;
23-12 (4) the frequency of the drawing or selection of a
23-13 winning ticket;
23-14 (5) the number and types of locations at which a
23-15 ticket may be sold;
23-16 (6) the method to be used in selling a ticket;
23-17 (7) the use of vending machines or electronic or
23-18 mechanical devices of any kind, other than machines or devices that
23-19 dispense currency or coins as prizes;
23-20 (8) the manner of paying a prize to the holder of a
23-21 winning ticket;
23-22 (9) the investigation of possible violations of this
23-23 chapter or any rule adopted under this chapter;
23-24 (10) the means of advertising to be used for the
23-25 lottery;
23-26 (11) the qualifications of vendors of lottery services
23-27 or equipment;
24-1 (12) the confidentiality of information relating to
24-2 the operation of the lottery, including:
24-3 (A) trade secrets;
24-4 (B) security measures, systems, or procedures;
24-5 (C) security reports;
24-6 (D) bids or other information regarding the
24-7 division's contracts, if disclosure of the information would impair
24-8 the division's ability to contract for facilities, goods, or
24-9 services on terms favorable to the division;
24-10 (E) personnel information unrelated to
24-11 compensation, duties, qualifications, or responsibilities; and
24-12 (F) information obtained by division security
24-13 officers or investigators;
24-14 (13) the development and availability of a model
24-15 agreement governing the division of a prize among multiple
24-16 purchasers of a winning ticket purchased through a group purchase
24-17 or pooling arrangement;
24-18 (14) the criteria to be used in evaluating bids for
24-19 contracts for lottery facilities, goods, and services; or
24-20 (15) any other matter necessary or desirable as
24-21 determined by the comptroller, to promote and ensure:
24-22 (A) the integrity, security, honesty, and
24-23 fairness of the operation and administration of the lottery; and
24-24 (B) the convenience of players and holders of
24-25 winning tickets.
24-26 Sec. 466.016. ANNUAL REPORT. The comptroller shall make an
24-27 annual report to the governor and the legislature that provides a
25-1 summary of lottery revenues, prize disbursements, and other
25-2 expenses for the fiscal year preceding the report. The report must
25-3 be in the form and reported in the time provided by the General
25-4 Appropriations Act.
25-5 Sec. 466.017. Audits. (a) The director shall provide for a
25-6 certified public accountant to conduct an independent audit for
25-7 each fiscal year of all accounts and transactions of the lottery.
25-8 The certified public accountant may not have, as determined by the
25-9 director, a significant financial interest in a sales agent,
25-10 lottery vendor, or lottery operator. The certified public
25-11 accountant shall present an audit report to the director, the
25-12 comptroller, the governor, and the legislature not later than April
25-13 1 of the year following the fiscal year for which the audit was
25-14 performed. The report must contain recommendations to enhance the
25-15 earnings capability of the lottery and improve the efficiency of
25-16 lottery operations. The state auditor may review the results of
25-17 and working papers related to the audit.
25-18 (b) Each lottery operator's and sales agent's records are
25-19 subject to audit by the division, the comptroller, and the state
25-20 auditor. For the purpose of carrying out this chapter, the
25-21 director, comptroller, or state auditor may examine all books,
25-22 records, papers, or other objects that the director, comptroller,
25-23 or state auditor determines are necessary for conducting a complete
25-24 examination under this chapter and may also examine under oath any
25-25 officer, director, or employee of a lottery operator or sales
25-26 agent. The director, comptroller, or state auditor may conduct an
25-27 examination at the principal office or any other office of the
26-1 lottery operator or sales agent or may require the lottery operator
26-2 or sales agent to produce the records at the office of the
26-3 division, comptroller, or state auditor. If a sales agent refuses
26-4 to permit an examination or to answer any question authorized by
26-5 this subsection, the comptroller may summarily suspend the license
26-6 of the sales agent under Section 466.160 until the examination is
26-7 completed as required. Section 321.013(h) does not apply to an
26-8 audit of a lottery operator or sales agent.
26-9 Sec. 466.018. Investigations. The attorney general, the
26-10 district attorney for Travis County, or the district attorney,
26-11 criminal district attorney, or county attorney performing the
26-12 duties of district attorney for the county in which the violation
26-13 or alleged violation occurred may investigate a violation or
26-14 alleged violation of this chapter and of the penal laws of this
26-15 state by the division or its employees, a sales agent, a lottery
26-16 vendor, or a lottery operator.
26-17 Sec. 466.019. Enforcement. (a) The comptroller or
26-18 designated personnel of the division may investigate violations of
26-19 this chapter and violations of the rules adopted under this
26-20 chapter. After conducting investigations, the comptroller, a
26-21 person designated by the comptroller, or any law enforcement agency
26-22 may file a complaint with the district attorney of Travis County or
26-23 with the district attorney of the county in which a violation is
26-24 alleged to have occurred.
26-25 (b) The comptroller has the administrative, enforcement, and
26-26 collection powers provided by Subtitle B, Title 2, Tax Code, in
26-27 regard to the lottery. For purposes of the application of Title 2
27-1 of the Tax Code, the state's share of proceeds from the sale of
27-2 lottery tickets is treated as if it were a tax.
27-3 Sec. 466.020. SECURITY. (a) The director shall maintain a
27-4 department of security in the division. The director shall appoint
27-5 a deputy to administer the department. The deputy must be
27-6 qualified by training and experience in law enforcement or security
27-7 to supervise, direct, and administer the activities of the
27-8 department.
27-9 (b) The director may employ security officers or
27-10 investigators as the director considers necessary and may
27-11 commission security officers or investigators as peace officers.
27-12 The deputy and all investigators employed by the department of
27-13 security as peace officers must meet the requirements under Chapter
27-14 415 for employment and commission as peace officers.
27-15 (c) A security officer or investigator employed by the
27-16 department of security or a peace officer who is working in
27-17 conjunction with the comptroller or the Department of Public Safety
27-18 in the enforcement of this chapter, without a search warrant, may
27-19 search and seize a lottery vending machine, lottery computer
27-20 terminal, or other lottery equipment that is located on premises
27-21 for which a person holds a sales agent license issued under this
27-22 chapter.
27-23 (d) The Department of Public Safety, at the comptroller's
27-24 request, shall perform a full criminal background investigation of
27-25 a prospective deputy or investigator of the department of security.
27-26 The comptroller shall reimburse the Department of Public Safety for
27-27 the actual costs of an investigation.
28-1 (e) At least once every two years, the director shall employ
28-2 an independent firm that is experienced in security, including
28-3 computer security and systems security, to conduct a comprehensive
28-4 study of all aspects of lottery security, including:
28-5 (1) lottery personnel security;
28-6 (2) sales agent security;
28-7 (3) lottery operator and vendor security;
28-8 (4) security against ticket counterfeiting and
28-9 alteration and other means of fraudulent winning;
28-10 (5) security of lottery drawings;
28-11 (6) lottery computer, data communications, database,
28-12 and systems security;
28-13 (7) lottery premises and warehouse security;
28-14 (8) security of distribution of tickets;
28-15 (9) security of validation and payment procedures;
28-16 (10) security involving unclaimed prizes;
28-17 (11) security aspects of each lottery game;
28-18 (12) security against the deliberate placement of
28-19 winning tickets in lottery games that involve preprinted winning
28-20 tickets by persons involved in the production, storage,
28-21 transportation, or distribution of tickets; and
28-22 (13) other security aspects of lottery operations.
28-23 (f) The director shall provide the comptroller with a
28-24 complete report of the security study conducted under Subsection
28-25 (e). The comptroller shall provide the governor and the
28-26 legislature, before the convening of each regular legislative
28-27 session, with a summary of the security study that shows the
29-1 overall evaluation of the lottery's security.
29-2 (g) The first security study conducted under Subsection (e)
29-3 must be conducted not later than the first anniversary of the first
29-4 sale of a ticket to a player under this chapter. The first report
29-5 to the governor and legislature under Subsection (f) must be made
29-6 before the convening of the regular session of the 74th
29-7 Legislature. This subsection expires June 1, 1995.
29-8 Sec. 466.021. DEMOGRAPHIC STUDIES. (a) The director shall,
29-9 every two years, employ an independent firm experienced in
29-10 demographic analysis to conduct a demographic study of lottery
29-11 players. The study must include the income, age, sex, education,
29-12 and frequency of participation of players.
29-13 (b) The director shall report the results of the demographic
29-14 study conducted under Subsection (a) to the comptroller, the
29-15 governor, and the legislature before the convening of each regular
29-16 legislative session.
29-17 Sec. 466.022. Confidential Information. The following
29-18 information is confidential and is exempt from disclosure under the
29-19 open records law, Chapter 424, Acts of the 63rd Legislature,
29-20 Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil
29-21 Statutes):
29-22 (1) security plans and procedures of the division or
29-23 the office of the comptroller designed to ensure the integrity and
29-24 security of the operation of the lottery;
29-25 (2) information of a nature that is designed to ensure
29-26 the integrity and security of the selection of winning tickets or
29-27 numbers in the lottery, other than information describing the
30-1 general procedures for selecting winning tickets or numbers; and
30-2 (3) the street address and telephone number of a prize
30-3 winner, if the prize winner has not consented to the release of the
30-4 information.
30-5 Sec. 466.023. DEPARTMENT OF PUBLIC SAFETY RECORDS. (a)
30-6 Except as otherwise provided by this chapter, all files, records,
30-7 information, compilations, documents, photographs, reports,
30-8 summaries, and reviews of information and related matters
30-9 collected, retained, or compiled by the Department of Public Safety
30-10 in the discharge of its duties under this chapter are confidential
30-11 and are not subject to public disclosure. Each of those items is
30-12 subject to discovery by a person that is the subject of the item.
30-13 (b) An investigation report or other document submitted by
30-14 the Department of Public Safety to the division becomes part of the
30-15 investigative files of the division and is subject to discovery by
30-16 a person that is the subject of the investigation report or other
30-17 document.
30-18 (c) Information that is in the form available to the public
30-19 is not privileged or confidential under this section and is subject
30-20 to public disclosure.
30-21 Sec. 466.024. PROHIBITED GAMES. (a) The director or a
30-22 lottery operator may not establish or operate a lottery game in
30-23 which the winner is chosen on the basis of the outcome of a sports
30-24 event.
30-25 (b) The comptroller shall adopt rules prohibiting the
30-26 operation of any game using a video lottery machine or machine.
30-27 (c) In this section:
31-1 (1) "Sports event" means a football, basketball,
31-2 baseball, or similar game, or a horse or dog race on which
31-3 pari-mutuel wagering is allowed.
31-4 (2) "Video lottery machine" or "machine" means any
31-5 electronic video game machine that, upon insertion of cash, is
31-6 available to play or simulate the play of a video game, including
31-7 video poker, keno, and blackjack, using a video display and
31-8 microprocessors in which the player may receive free games or
31-9 credits that can be redeemed for cash, coins, or tokens, or that
31-10 directly dispenses cash, coins, or tokens.
31-11 Sec. 466.025. REPORTS OF TICKETS SOLD AND PRIZES AWARDED.
31-12 For each lottery game, after the last date on which a prize may be
31-13 claimed under Section 466.408(d), the director shall prepare a
31-14 report that shows the total number of tickets sold and the number
31-15 and amounts of prizes awarded in the game. The report must be
31-16 available for public inspection.
31-17 (Sections 466.026-466.100 reserved for expansion
31-18 SUBCHAPTER C. PROCUREMENT; ADVERTISING
31-19 Sec. 466.101. PROCUREMENT PROCEDURES. (a) The director may
31-20 establish procedures for the purchase or lease of facilities,
31-21 goods, and services and make any purchases, leases, or contracts
31-22 that are necessary for carrying out the purposes of this chapter.
31-23 The procedures must, as determined feasible and appropriate by the
31-24 director, promote competition to the maximum extent possible.
31-25 (b) In all procurement decisions, the director shall take
31-26 into account the particularly sensitive nature of the lottery and
31-27 shall act to promote and ensure integrity, security, honesty, and
32-1 fairness in the operation and administration of the lottery and the
32-2 objective of producing revenues for the state treasury.
32-3 (c) The procurement procedures adopted by the director must,
32-4 as determined feasible and appropriate by the director, afford any
32-5 party who is aggrieved by the terms of a solicitation or the award
32-6 of a contract an opportunity to protest the director's action to
32-7 the comptroller. The protest procedures must provide for an
32-8 expedient resolution of the protest in order to avoid substantially
32-9 delaying a solicitation or contract award that is necessary for the
32-10 timely implementation of a lottery game. A protest must be in
32-11 writing and be filed with the comptroller not later than 72 hours
32-12 after receipt of notice of the director's action.
32-13 (d) A party who is aggrieved by the comptroller's resolution
32-14 of a protest under Subsection (c) may file an action in the
32-15 district court of Travis County. The court shall give preference
32-16 to hearings and trials of actions under this section. If the party
32-17 filing the action seeks to enjoin the implementation of a
32-18 solicitation or contract, the party shall post a bond that is
32-19 payable to the state if the party does not prevail in the appeal,
32-20 and is in an amount sufficient to compensate the state for the
32-21 revenue that would be lost due to the delay in lottery operations.
32-22 (e) The comptroller shall require any person seeking to
32-23 contract for goods or services relating to the implementation and
32-24 administration of this chapter to submit to competitive bidding
32-25 procedures in accordance with rules adopted by the comptroller.
32-26 The procedures must be for the purpose of ensuring fairness and
32-27 integrity.
33-1 Sec. 466.102. LIQUIDATED DAMAGES; PERFORMANCE BOND. A
33-2 contract for the acquisition or provision of facilities, supplies,
33-3 equipment, materials, or services related to the operation of the
33-4 lottery must provide for liquidated damages and a performance bond
33-5 in an amount equal to the director's best available estimate of the
33-6 revenue that would be lost if the contractor fails to meet
33-7 deadlines specified in the contract.
33-8 Sec. 466.103. PROHIBITED CONTRACTS. The director may not
33-9 award a contract for the purchase or lease of facilities, goods, or
33-10 services related to lottery operations to a person who would be
33-11 denied a license as a sales agent under Section 466.155.
33-12 Sec. 466.104. ASSISTANCE OF GENERAL SERVICES COMMISSION. On
33-13 request of the director, the General Services Commission shall
33-14 assist the director in:
33-15 (1) acquiring facilities, supplies, materials,
33-16 equipment, and services under the State Purchasing and General
33-17 Services Act (Article 601b, Vernon's Texas Civil Statutes); or
33-18 (2) establishing procedures for the director's
33-19 accelerated acquisition of facilities, supplies, materials,
33-20 equipment, and services for the operation of the lottery.
33-21 Sec. 466.105. APPLICABILITY OF OTHER LAW. (a) A contract
33-22 for the acquisition or provision of facilities, supplies,
33-23 equipment, materials, or services related to the operation of the
33-24 lottery is not subject to the Information Resources Management Act
33-25 (Article 4413(32j), Revised Statutes).
33-26 (b) Notwithstanding the provisions of the Public Utility
33-27 Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), the
34-1 comptroller may negotiate rates and execute contracts with
34-2 telecommunications service providers for the interexchange services
34-3 necessary for the operation of the lottery. The comptroller may
34-4 acquire transmission facilities by lease, purchase, or
34-5 lease-purchase. The acquisition of transmission facilities must be
34-6 done on a competitive bid basis if possible.
34-7 Sec. 466.106. PREFERENCE FOR TEXAS BUSINESSES. (a) In all
34-8 contracts for lottery equipment, supplies, services, and
34-9 advertising, the division and each lottery operator shall give
34-10 preference to equipment or supplies produced in this state or
34-11 services or advertising offered by bidders from this state, the
34-12 cost to the state and quality being equal.
34-13 (b) If equipment or supplies produced in this state or
34-14 services or advertising offered by a bidder from this state are not
34-15 equal in cost and quality, then equipment or supplies produced in
34-16 another state or services or advertising offered by a bidder from
34-17 another state shall be given preference over foreign equipment,
34-18 supplies, services, or advertising.
34-19 Sec. 466.107. MINORITY BUSINESSES. (a) The director, the
34-20 division, and each lottery operator shall take positive steps to:
34-21 (1) inform minority businesses of opportunities to:
34-22 (A) provide lottery equipment and supplies to
34-23 the division;
34-24 (B) provide services, including advertising, to
34-25 the division for the operation of the lottery; or
34-26 (C) obtain a license to sell lottery tickets;
34-27 (2) waive or modify bond requirements, if feasible;
35-1 (3) award contracts for lottery equipment or supplies
35-2 to minority businesses when possible;
35-3 (4) award contracts for lottery services, including
35-4 advertising, to minority businesses when possible;
35-5 (5) license minority businesses as sales agents;
35-6 (6) monitor the effectiveness of the efforts to
35-7 increase the ability of minority businesses to do business with the
35-8 division; and
35-9 (7) require all bidders or contractors, when
35-10 appropriate, to include specific plans or arrangements to use
35-11 subcontracts with minority businesses.
35-12 (b) In this section:
35-13 (1) "Minority business" means a business entity at
35-14 least 51 percent of which is owned by minority group members or, in
35-15 the case of a corporation, at least 51 percent of the shares of
35-16 which are owned by minority group members, and that:
35-17 (A) is managed and, in daily operations, is
35-18 controlled by minority group members; and
35-19 (B) is a domestic business entity with a home or
35-20 branch office located in this state and is not a branch or
35-21 subsidiary of a foreign corporation, firm, or other business
35-22 entity.
35-23 (2) "Minority group members" includes:
35-24 (A) African Americans;
35-25 (B) American Indians;
35-26 (C) Asian Americans; and
35-27 (D) Mexican Americans and other Americans of
36-1 Hispanic origin.
36-2 (c) The comptroller shall annually report to the legislature
36-3 and the governor on the level of minority business participation as
36-4 pertains to both the division's contracts and the licensing of
36-5 sales agents. The report must include recommendations for the
36-6 improvement of minority business opportunities in lottery-related
36-7 business.
36-8 Sec. 466.108. TELEVISION CONTRACTS. If the drawing or
36-9 selection of winning tickets is televised under a contract with the
36-10 division, the contract must be awarded by competitive bid. The
36-11 comptroller shall adopt rules governing the competitive bidding
36-12 process. Money received under the contract shall be deposited in
36-13 the state lottery account established under Section 466.355.
36-14 Sec. 466.109. PUBLICITY OF INDIVIDUALS PROHIBITED. (a) A
36-15 state officer or employee, including the comptroller, the director,
36-16 or an officer or employee of the comptroller's office or the
36-17 division, may not appear in an advertisement or promotion for the
36-18 lottery that is sponsored by the comptroller's office or the
36-19 division or in a televised lottery drawing. An advertisement or
36-20 promotion for the lottery may not contain the likeness or name of a
36-21 state officer or employee, including the comptroller, the director,
36-22 or an officer or employee of the comptroller's office or the
36-23 division.
36-24 (b) In connection with providing security for the lottery,
36-25 this section does not prohibit a security officer or investigator
36-26 employed by the division from appearing in a televised lottery
36-27 drawing or other promotion for the lottery that is sponsored by the
37-1 comptroller's office or the division.
37-2 (c) Notwithstanding this section, the director may designate
37-3 an employee of the division to participate in a promotional event,
37-4 the purpose of which is to award a prize.
37-5 Sec. 466.110. PROHIBITED ADVERTISEMENTS. The legislature
37-6 intends that advertisements or promotions sponsored by the
37-7 comptroller's office or the division for the lottery not be of a
37-8 nature that unduly influences any person to purchase a lottery
37-9 ticket or number.
37-10 (Sections 466.111-466.150 reserved for expansion
37-11 SUBCHAPTER D. LICENSING OF SALES AGENTS
37-12 Sec. 466.151. LICENSE REQUIRED. (a) If the director
37-13 authorizes a person who is not an employee of the division to sell
37-14 tickets, the person must be licensed as a sales agent by the
37-15 division.
37-16 (b) The director may establish classes of licenses necessary
37-17 to regulate and administer the quantity and type of lottery games
37-18 provided at each licensed location.
37-19 (c) The director shall attempt to license minority
37-20 businesses as sales agents in at least 20 percent of the licenses
37-21 issued. Implementation of this subsection must be consistent with
37-22 Sections 466.152-466.154 and the rest of this section.
37-23 (d) The director may license as a sales agent each person
37-24 the director believes will best serve the public convenience. The
37-25 director may not issue a license to a person to engage in business
37-26 exclusively as a sales agent. A license may not be transferred or
37-27 assigned to any other person or location.
38-1 (e) The director may issue a license to a person only if the
38-2 director finds that the person's experience, character, and general
38-3 fitness are such that the person's participation as a sales agent
38-4 will not detract from the integrity, security, honesty, and
38-5 fairness of the operation of the lottery.
38-6 Sec. 466.152. LICENSE APPLICATION; FEE. (a) An applicant
38-7 for a license under this subchapter must apply to the division
38-8 under rules adopted by the comptroller, provide information
38-9 necessary to determine the applicant's eligibility for a license
38-10 under Section 466.155, and provide other information considered
38-11 necessary by the comptroller.
38-12 (b) The applicant must include an application fee with each
38-13 application. The director shall set the application fee in an
38-14 amount that is at least sufficient to cover the costs incurred by
38-15 the division and by the Department of Public Safety to process the
38-16 application. The director shall determine from information
38-17 provided by the department the amount required for costs incurred
38-18 by the department and shall allocate those amounts to the
38-19 department at least monthly. If the director denies an application
38-20 for a license based on a factor listed in Section 466.154, the
38-21 director shall refund one-half of the application fee to the
38-22 applicant. If the director denies an application based on another
38-23 factor, the director may not refund any part of the application
38-24 fee.
38-25 (c) Applications for licenses must be available for public
38-26 inspection during regular office hours.
38-27 (d) A separate license is required for each location at
39-1 which tickets are to be sold. A person who desires to operate more
39-2 than one location to sell tickets must submit a separate
39-3 application for each location.
39-4 (e) Fees collected under this section shall be deposited in
39-5 the state treasury to the credit of the state lottery account.
39-6 Sec. 466.153. CHANGE IN APPLICATION INFORMATION. (a)
39-7 Except as provided by Subsection (b), an applicant or sales agent
39-8 shall notify the director of any change in the information in the
39-9 applicant's or sales agent's most recent application for a license
39-10 or renewal of a license. The applicant or sales agent shall notify
39-11 the director of the change in the information not later than the
39-12 10th day after the date of the change.
39-13 (b) A corporate applicant or sales agent is not required to
39-14 notify the director under Subsection (a) of a transfer of less than
39-15 10 percent of the corporate stock unless the transfer results in a
39-16 shareholder who previously held 10 percent or less of the stock
39-17 holding more than 10 percent of the stock.
39-18 Sec. 466.154. RULES. The comptroller shall adopt rules
39-19 under which, before issuing a license to an applicant, the director
39-20 shall consider:
39-21 (1) the financial responsibility and security of the
39-22 applicant and the business or activity in which the applicant is
39-23 engaged;
39-24 (2) the public accessibility of the applicant's place
39-25 of business or activity;
39-26 (3) the sufficiency of existing sales agents to serve
39-27 the public convenience;
40-1 (4) whether individuals under 18 years of age
40-2 constitute a majority of the applicant's customers or as customers
40-3 provide a majority of the applicant's sales volume;
40-4 (5) the volume of expected sales; and
40-5 (6) any other factor that the director considers
40-6 appropriate.
40-7 Sec. 466.155. DENIAL OF APPLICATION OR SUSPENSION OR
40-8 REVOCATION OF LICENSE. (a) After a hearing, the director shall
40-9 deny an application for a license or the comptroller shall suspend
40-10 or revoke a license if the director or comptroller, as applicable,
40-11 finds that the applicant or sales agent:
40-12 (1) is an individual who:
40-13 (A) has been convicted of a felony, criminal
40-14 fraud, gambling or a gambling-related offense, or a misdemeanor
40-15 involving moral turpitude, if less than 10 years has elapsed since
40-16 the termination of the sentence, parole, mandatory supervision, or
40-17 probation served for the offense;
40-18 (B) is or has been a professional gambler; or
40-19 (C) is married to or related in the first degree
40-20 of consanguinity or affinity to an individual:
40-21 (i) described in Paragraph (A) or (B); or
40-22 (ii) who is currently delinquent in the
40-23 payment of any state tax;
40-24 (2) is not an individual, and an individual described
40-25 in Subdivision (1):
40-26 (A) is an officer or director of the applicant
40-27 or sales agent;
41-1 (B) holds more than 10 percent of the stock in
41-2 the applicant or sales agent;
41-3 (C) holds an equitable interest greater than 10
41-4 percent in the applicant or sales agent;
41-5 (D) is a creditor of the applicant or sales
41-6 agent who holds more than 10 percent of the applicant's or sales
41-7 agent's outstanding debt;
41-8 (E) is the owner or lessee of a business that
41-9 the applicant or sales agent conducts or through which the
41-10 applicant will conduct a ticket sales agency;
41-11 (F) shares or will share in the profits, other
41-12 than stock dividends, of the applicant or sales agent;
41-13 (G) participates in managing the affairs of the
41-14 applicant or sales agent; or
41-15 (H) is an employee of the applicant or sales
41-16 agent who is or will be involved in:
41-17 (i) selling tickets; or
41-18 (ii) handling money from the sale of
41-19 tickets;
41-20 (3) is currently delinquent in the payment of any
41-21 state tax;
41-22 (4) is a person whose location for the sales agency
41-23 is:
41-24 (A) a racetrack at which wagering is authorized
41-25 under the Texas Racing Act (Article 179e, Vernon's Texas Civil
41-26 Statutes);
41-27 (B) a location licensed for games of bingo under
42-1 the Bingo Enabling Act (Article 179d, Vernon's Texas Civil
42-2 Statutes);
42-3 (C) on land that is owned by:
42-4 (i) this state; or
42-5 (ii) a political subdivision of this
42-6 state, other than land used as a mass transportation facility that
42-7 is used by commercial carriers; or
42-8 (D) a location for which a person holds a wine
42-9 and beer retailer's permit, mixed beverage permit, mixed beverage
42-10 late hours permit, private club registration permit, or private
42-11 club late hours permit issued under Chapter 25, 28, 29, 32, or 33,
42-12 Alcoholic Beverage Code; or
42-13 (5) has violated this chapter or a rule adopted under
42-14 this chapter.
42-15 (b) If the director proposes to deny an application for a
42-16 license or the comptroller proposes to suspend or revoke a license
42-17 under this section, the applicant or sales agent is entitled to
42-18 written notice of the time and place of the hearing. A notice may
42-19 be served on an applicant or sales agent personally or sent by
42-20 certified or registered mail, return receipt requested, to the
42-21 person's mailing address as it appears on the division's records.
42-22 A notice must be served or mailed not later than the 20th day
42-23 before the date of the hearing.
42-24 (c) At a hearing, an applicant or sales agent must show by a
42-25 preponderance of the evidence why the application should not be
42-26 denied or the license suspended or revoked.
42-27 (d) The director shall give an applicant or sales agent
43-1 written notice of a denial of an application or a suspension or
43-2 revocation of a license.
43-3 (e) The director may not issue a license to a person who has
43-4 previously had a license under this chapter revoked unless the
43-5 director is satisfied the person will comply with this chapter and
43-6 the rules adopted under this chapter. The director may prescribe
43-7 the terms under which a suspended license will be reissued.
43-8 (f) The director may not issue a license to an applicant who
43-9 fails to certify to the director the applicant's compliance with
43-10 the federal Americans with Disabilities Act of 1990 (42 U.S.C.
43-11 Section 12101 et seq.).
43-12 Sec. 466.156. BOND; INSURANCE. (a) Each sales agent shall
43-13 post a cash bond, surety bond, letter of credit, certificate of
43-14 deposit, or other security approved by the director. The amount of
43-15 the security shall be determined by the director and must reflect
43-16 the possible losses to the state from the operation of the sales
43-17 agent.
43-18 (b) The director may also require a sales agent to maintain
43-19 insurance if necessary to protect the interests of the state.
43-20 Sec. 466.157. DISPLAY OF LICENSE. As prescribed by division
43-21 rules, each sales agent shall prominently display the license in
43-22 each place of business or activity at which the sales agent sells
43-23 tickets.
43-24 Sec. 466.158. EXPIRATION OF LICENSE; RENEWAL. (a) Unless
43-25 suspended or revoked, a license expires on the date specified in
43-26 the license, which may not be later than the second anniversary of
43-27 its date of issuance.
44-1 (b) The comptroller shall adopt rules for the renewal of
44-2 licenses. The director shall set the fee for a renewal of a
44-3 license in an amount at least sufficient to cover the cost of
44-4 processing the renewal.
44-5 (c) A sales agent must file a renewal application and pay
44-6 the renewal fee before the sales agent's license expires.
44-7 Sec. 466.159. DEATH, DISSOLUTION, OR BANKRUPTCY OF SALES
44-8 AGENT. (a) A license issued under this chapter expires on:
44-9 (1) the death of a sales agent who is an individual;
44-10 (2) the dissolution of a sales agent that is not an
44-11 individual; or
44-12 (3) the bankruptcy or receivership of a sales agent.
44-13 (b) If a license expires under Subsection (a) and the sales
44-14 agent's successor in interest desires to operate the sales agency,
44-15 the successor shall file an application for an extended license not
44-16 later than the 30th day after the date the license expired. The
44-17 application must state the basis for the applicant's claim to be
44-18 the successor in interest to the sales agent and must contain a
44-19 certification that the applicant would be eligible for a license
44-20 under Section 466.155. The director shall permit a qualified
44-21 applicant to operate under an extended license for not more than
44-22 one year or until a new license is issued to the applicant,
44-23 whichever occurs first.
44-24 Sec. 466.160. SUMMARY SUSPENSION OF LICENSE. (a) The
44-25 comptroller may suspend a sales agent's license summarily without
44-26 notice or hearing if the comptroller finds that the action is
44-27 necessary to maintain the integrity, security, honesty, or fairness
45-1 of the operation or administration of the lottery or to prevent
45-2 financial loss to the state and:
45-3 (1) the sales agent fails to deposit money received
45-4 from ticket sales under Section 466.351;
45-5 (2) an event occurs that would render the sales agent
45-6 ineligible for a license under Section 466.155;
45-7 (3) the sales agent refuses to permit the director,
45-8 the comptroller, or the state auditor to examine the agent's books,
45-9 records, papers, or other objects under Section 466.017(b); or
45-10 (4) the director learns the sales agent has failed to
45-11 disclose information that would, if disclosed, render the sales
45-12 agent ineligible for a license under Section 466.155.
45-13 (b) The comptroller may summarily suspend a sales agent's
45-14 license if proceedings for a preliminary hearing before the
45-15 comptroller or the comptroller's representative are initiated
45-16 simultaneously with the summary suspension. The preliminary
45-17 hearing shall be set for a date not later than 10 days after the
45-18 date of the summary suspension, unless the parties agree to a later
45-19 date.
45-20 (c) At the preliminary hearing, the sales agent must show
45-21 cause why the license should not remain suspended pending a final
45-22 hearing on suspension or revocation. The Administrative Procedure
45-23 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
45-24 Statutes) does not apply to the comptroller in the administration
45-25 and enforcement of the summary suspension of a license under this
45-26 section. The rules governing a hearing on any other license
45-27 suspension or revocation under this chapter govern a final
46-1 administrative hearing under this subsection.
46-2 (d) To initiate a proceeding to summarily suspend a sales
46-3 agent's license, the comptroller must serve notice to the sales
46-4 agent informing the agent of the right to a preliminary hearing
46-5 before the comptroller or the comptroller's representative and of
46-6 the time and place of the preliminary hearing. The notice must be
46-7 personally served on the sales agent or an officer, employee, or
46-8 agent of the sales agent or sent by certified or registered mail,
46-9 return receipt requested, to the sales agent's mailing address as
46-10 it appears on the division's records. The notice must state the
46-11 alleged violations that constitute grounds for summary suspension.
46-12 The suspension is effective at the time the notice is served. If
46-13 notice is served in person, the sales agent shall immediately
46-14 surrender the license to the comptroller or to the comptroller's
46-15 representative. If notice is served by mail, the sales agent shall
46-16 immediately return the license to the comptroller. If the sales
46-17 agent uses an on-line electronic terminal to sell tickets, the
46-18 director or a lottery operator on the instructions of the director
46-19 may terminate the connection of the terminal to the division's
46-20 lottery computer at the time the proceeding to summarily suspend
46-21 the license is initiated.
46-22 (Sections 466.161-466.200 reserved for expansion
46-23 SUBCHAPTER E. CRIMINAL HISTORY INVESTIGATIONS
46-24 Sec. 466.201. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION.
46-25 (a) The comptroller is entitled to conduct an investigation of and
46-26 is entitled to obtain criminal history record information
46-27 maintained by the Department of Public Safety, the Federal Bureau
47-1 of Investigation Identification Division, or another law
47-2 enforcement agency to assist in the investigation of:
47-3 (1) a sales agent or an applicant for a sales agent
47-4 license;
47-5 (2) a person required to be named in a license
47-6 application;
47-7 (3) a lottery operator or prospective lottery
47-8 operator;
47-9 (4) an employee of a lottery operator or prospective
47-10 lottery operator, if the employee is or will be directly involved
47-11 in lottery operations;
47-12 (5) a person who manufactures or distributes lottery
47-13 equipment or supplies, or a representative of a person who
47-14 manufactures or distributes lottery equipment or supplies offered
47-15 to the lottery;
47-16 (6) a person who has submitted a written bid or
47-17 proposal to the division in connection with the procurement of
47-18 goods or services by the division, if the amount of the bid or
47-19 proposal exceeds $500;
47-20 (7) an employee or other person who works for or will
47-21 work for a sales agent or an applicant for a sales agent license;
47-22 (8) a person who proposes to enter into or who has a
47-23 contract with the division to supply goods or services to the
47-24 division; or
47-25 (9) if a person described in Subdivisions (1) through
47-26 (8) is not an individual, an individual who:
47-27 (A) is an officer or director of the person;
48-1 (B) holds more than 10 percent of the stock in
48-2 the person;
48-3 (C) holds an equitable interest greater than 10
48-4 percent in the person;
48-5 (D) is a creditor of the person who holds more
48-6 than 10 percent of the person's outstanding debt;
48-7 (E) is the owner or lessee of a business that
48-8 the person conducts or through which the person will conduct
48-9 lottery-related activities;
48-10 (F) shares or will share in the profits, other
48-11 than stock dividends, of the person;
48-12 (G) participates in managing the affairs of the
48-13 person; or
48-14 (H) is an employee of the person who is or will
48-15 be involved in:
48-16 (i) selling tickets; or
48-17 (ii) handling money from the sale of
48-18 tickets.
48-19 (b) The comptroller shall conduct an investigation of and
48-20 obtain criminal history record information maintained by the
48-21 Department of Public Safety, the Federal Bureau of Investigation
48-22 Identification Division, or another law enforcement agency to
48-23 assist in the investigation of:
48-24 (1) the director or a prospective director of the
48-25 division; or
48-26 (2) an employee or prospective employee of the
48-27 division.
49-1 (c) Not later than the first anniversary after the date of
49-2 each renewal, the comptroller shall obtain criminal history record
49-3 information maintained by the Department of Public Safety on a
49-4 sales agent whose license is renewed under Section 466.158.
49-5 Sec. 466.202. FINGERPRINTS. (a) The director may discharge
49-6 from employment an employee of the division who fails to provide a
49-7 complete legible set of fingerprints on request. The director may
49-8 refuse to consider a prospective employee of the division who fails
49-9 to provide a complete legible set of fingerprints on request.
49-10 (b) The director may deny an application for a license or
49-11 the comptroller may suspend or revoke a license if the applicant or
49-12 sales agent fails on request to provide a complete legible set of
49-13 fingerprints of:
49-14 (1) a person required to be named in a license
49-15 application; or
49-16 (2) an employee or other person who works or will work
49-17 for the applicant or sales agent, if the person:
49-18 (A) is or will be involved in the sale of
49-19 tickets; or
49-20 (B) handles or will handle money from the sale
49-21 of tickets.
49-22 (c) All fingerprints submitted to the Department of Public
49-23 Safety must be on a form prescribed by the department.
49-24 Sec. 466.203. DEPARTMENT OF PUBLIC SAFETY ASSISTANCE; COSTS
49-25 OF INVESTIGATION. (a) The director may request the cooperation of
49-26 the Department of Public Safety to perform a background
49-27 investigation of a person listed in Section 466.201(a) or (b). The
50-1 director shall reimburse the department for the actual cost of an
50-2 investigation.
50-3 (b) The director may require a person who is subject to
50-4 investigation to pay all costs of the investigation and to provide
50-5 any information, including fingerprints, necessary to carry out the
50-6 investigation or facilitate access to state or federal criminal
50-7 history record information. Payments made to the director under
50-8 this subsection shall be deposited in the general revenue fund and
50-9 may be used to reimburse the Department of Public Safety for the
50-10 actual costs of an investigation.
50-11 (c) Unless otherwise prohibited by law, the Department of
50-12 Public Safety may retain any record or information submitted to it
50-13 under this section. The department shall notify the director of
50-14 any change in information provided to the director when the
50-15 department learns of the change.
50-16 Sec. 466.204. ACCESS TO INTERNAL REVENUE SERVICE
50-17 INFORMATION. The director may obtain information relating to a
50-18 person's qualification for licensing, employment, or contracting
50-19 under this chapter from the Internal Revenue Service under a
50-20 contract between the comptroller and the Internal Revenue Service
50-21 on:
50-22 (1) a sales agent or an applicant for a sales agent
50-23 license;
50-24 (2) an employee or prospective employee of the
50-25 division;
50-26 (3) a person required to be named in a license
50-27 application;
51-1 (4) a lottery operator or prospective lottery
51-2 operator;
51-3 (5) an employee of a lottery operator or prospective
51-4 lottery operator, if the employee is or will be directly involved
51-5 in lottery operations;
51-6 (6) a person who manufactures or distributes lottery
51-7 equipment or supplies, or a representative of a person who
51-8 manufactures or distributes lottery equipment or supplies offered
51-9 to the lottery;
51-10 (7) a person who has submitted a written bid or
51-11 proposal to the division in connection with the procurement of
51-12 goods or services by the division;
51-13 (8) an employee or other person who works for or will
51-14 work for a sales agent or an applicant for a sales agent license;
51-15 or
51-16 (9) a person who proposes to enter into or who has a
51-17 contract with the division to supply goods or services to the
51-18 division.
51-19 Sec. 466.205. CONFIDENTIAL INFORMATION; OFFENSE. (a) All
51-20 criminal history record information received by the director is
51-21 privileged information and is for the exclusive use of the director
51-22 and employees of the division designated by the director. Except
51-23 on court order or as provided by Subsection (c), the information
51-24 may not be released or otherwise disclosed to any other person or
51-25 agency.
51-26 (b) All information received by the director from the
51-27 Internal Revenue Service is confidential and may only be used as
52-1 provided by the contract between the comptroller and the Internal
52-2 Revenue Service under which the information was obtained.
52-3 (c) The director or an employee of the division may not
52-4 provide any person being investigated under this subchapter with a
52-5 copy of the person's criminal history record obtained from the
52-6 Department of Public Safety, the Federal Bureau of Investigation
52-7 Identification Division, or another law enforcement agency. This
52-8 subsection does not prevent the director from disclosing to the
52-9 person the dates and places of arrests, offenses, and dispositions
52-10 contained in the criminal history records.
52-11 (d) The comptroller shall adopt necessary rules governing
52-12 the custody and use of information obtained under this subchapter.
52-13 (e) A person commits an offense if the person releases or
52-14 discloses information received by the comptroller under this
52-15 subchapter except on court order or as provided by Subsection (c).
52-16 An offense under this subsection is a Class A misdemeanor.
52-17 (Sections 466.206-466.250 reserved for expansion
52-18 SUBCHAPTER F. REGULATION OF GAMES
52-19 Sec. 466.251. TICKETS. (a) The director shall prescribe
52-20 the form of tickets.
52-21 (b) The toll-free "800" telephone number established by the
52-22 Texas Commission on Alcohol and Drug Abuse under Section 461.018,
52-23 Health and Safety Code, must be printed on each ticket.
52-24 (c) The overall estimated odds of winning a prize in a
52-25 particular lottery game must be printed on each ticket and
52-26 prominently displayed in association with the sale of lottery
52-27 products. The estimate must be based on reasonable projections and
53-1 past experience.
53-2 Sec. 466.252. PURCHASE OF TICKET AGREEMENT TO ABIDE BY
53-3 RULES. (a) By purchasing a ticket in a particular lottery game, a
53-4 player agrees to abide by and be bound by the division's rules,
53-5 including the rules applicable to the particular lottery game
53-6 involved. The player also acknowledges that the determination of
53-7 whether the player is a valid winner is subject to:
53-8 (1) the division's rules and claims procedures,
53-9 including those developed for the particular lottery game involved;
53-10 and
53-11 (2) any validation tests established by the division
53-12 for the particular lottery game involved.
53-13 (b) If the lottery uses tickets, an abbreviated form of the
53-14 rules or a reference to the rules may appear on the tickets.
53-15 Sec. 466.253. SALE OF TICKET TO PERSON YOUNGER THAN 18
53-16 YEARS. (a) A sales agent or an employee of a sales agent may not
53-17 intentionally or knowingly sell or offer to sell a ticket to an
53-18 individual that the person knows is younger than 18 years of age.
53-19 (b) A person 18 years of age or older may purchase a ticket
53-20 to give as a gift to another person, including an individual
53-21 younger than 18 years of age. If an individual younger than 18
53-22 years of age directly purchases a ticket, the individual is not
53-23 eligible to receive a prize, and the prize otherwise payable on the
53-24 ticket is treated as an unclaimed prize as provided by Section
53-25 466.408.
53-26 Sec. 466.254. SALE OF TICKET OR PAYMENT OF PRIZE TO CERTAIN
53-27 PERSONS. A person may not sell a ticket or pay a lottery prize to
54-1 another person that the person knows is:
54-2 (1) a member, officer, or employee of a person that
54-3 has a contract with the division to sell or lease goods or services
54-4 used in the lottery;
54-5 (2) a member, officer, or employee of a lottery
54-6 operator;
54-7 (3) an officer or employee of the comptroller; or
54-8 (4) a spouse, child, brother, sister, or parent
54-9 residing as a member of the same household in the principal place
54-10 of residence of a person described by Subdivision (1), (2), or (3).
54-11 Sec. 466.255. CERTAIN TICKET PURCHASES PROHIBITED. (a) A
54-12 person may not purchase a ticket:
54-13 (1) through the use of:
54-14 (A) a food stamp coupon issued under the food
54-15 stamp program administered under Chapter 33, Human Resources Code;
54-16 or
54-17 (B) a credit card or a debit card;
54-18 (2) over the telephone; or
54-19 (3) by mail-order sales.
54-20 (b) A person may not pay for a ticket with the proceeds of a
54-21 check issued as a payment under the Aid to Families with Dependent
54-22 Children program administered under Chapter 31, Human Resources
54-23 Code.
54-24 (Sections 466.256-466.300 reserved for expansion
54-25 SUBCHAPTER G. OFFENSES
54-26 Sec. 466.301. DEFINITIONS. In this subchapter:
54-27 (1) "Communicate directly with" has the meaning
55-1 assigned by Section 305.002.
55-2 (2) "Gift" includes a gratuity, trip, meal, or other
55-3 thing of value for which the recipient does not compensate the
55-4 person making the gift.
55-5 (3) "Legislation" has the meaning assigned by Section
55-6 305.002.
55-7 (4) "Member of the legislative branch" has the meaning
55-8 assigned by Section 305.002.
55-9 (5) "Participated" means to have taken action as an
55-10 officer or employee through decision, approval, disapproval,
55-11 recommendation, giving advice, or similar action.
55-12 (6) "Particular matter" includes an investigation, an
55-13 application, a request for a ruling or determination, a license
55-14 proceeding, rulemaking, a contract, a controversy, a claim, a
55-15 charge, an accusation, an arrest, or a judicial or other
55-16 proceeding.
55-17 (7) "Person that has a significant financial interest
55-18 in the lottery" means:
55-19 (A) a person that manufactures, distributes,
55-20 sells, or produces lottery equipment, supplies, services, or
55-21 advertising;
55-22 (B) a person that has made a bid to operate the
55-23 lottery in the preceding two years or that intends to make a bid to
55-24 operate the lottery; or
55-25 (C) a sales agent.
55-26 (8) "Political committee" has the meaning assigned by
55-27 Section 251.001, Election Code.
56-1 (9) "Political contribution" has the meaning assigned
56-2 by Section 251.001, Election Code.
56-3 Sec. 466.302. SALE OF TICKET AT PRICE GREATER THAN FIXED
56-4 PRICE. (a) A person commits an offense if the person
56-5 intentionally or knowingly sells a ticket at a price the person
56-6 knows is greater than that fixed by the division or by the lottery
56-7 operator authorized to set that price.
56-8 (b) An offense under this section is a Class A misdemeanor.
56-9 Sec. 466.303. SALE OF TICKET BY UNAUTHORIZED PERSON. (a)
56-10 Except as provided by Subsection (b), a person who is not a sales
56-11 agent or an employee of a sales agent commits an offense if the
56-12 person intentionally or knowingly sells a ticket.
56-13 (b) A lottery operator may sell tickets to a sales agent. A
56-14 person who is not a sales agent may distribute tickets as premiums
56-15 to customers, employees, or other persons who deal with the person
56-16 if no purchase or service is required to entitle the recipient to
56-17 the ticket.
56-18 (c) An offense under this section is a felony of the third
56-19 degree.
56-20 Sec. 466.304. SALE OF TICKET AT UNAUTHORIZED LOCATION. (a)
56-21 A person commits an offense if the person sells a ticket at a
56-22 location other than the location of a sales agency.
56-23 (b) An offense under this section is a Class A misdemeanor.
56-24 Sec. 466.305. SALE OF TICKET ON CREDIT. (a) A sales agent
56-25 or an employee of a sales agent commits an offense if the person
56-26 intentionally or knowingly sells a ticket to another person by
56-27 extending credit or lending money to the person to enable the
57-1 person to purchase the ticket.
57-2 (b) An offense under this section is a Class C misdemeanor.
57-3 Sec. 466.306. FORGERY; ALTERATION OF TICKET. (a) A person
57-4 commits an offense if the person intentionally or knowingly alters
57-5 or forges a ticket.
57-6 (b) An offense under this section is a felony of the third
57-7 degree unless it is shown on the trial of the offense that the
57-8 prize alleged to be authorized by the ticket forged or altered is
57-9 greater than $10,000, in which event the offense is a felony of the
57-10 second degree.
57-11 Sec. 466.307. INFLUENCING SELECTION OF WINNER. (a) A
57-12 person commits an offense if the person intentionally or knowingly
57-13 influences or attempts to influence the selection of the winner of
57-14 a lottery game.
57-15 (b) An offense under this section is a felony of the third
57-16 degree unless it is shown on the trial of the offense that a prize
57-17 in the game influenced or attempted to be influenced is greater
57-18 than $10,000, in which event the offense is a felony of the second
57-19 degree.
57-20 Sec. 466.308. CLAIMING LOTTERY PRIZE BY FRAUD. (a) A
57-21 person commits an offense if the person intentionally or knowingly:
57-22 (1) claims a lottery prize or a share of a lottery
57-23 prize by means of fraud, deceit, or misrepresentation; or
57-24 (2) aids or agrees to aid another person or persons to
57-25 claim a lottery prize or a share of a lottery prize by means of
57-26 fraud, deceit, or misrepresentation.
57-27 (b) An offense under this section is a Class A misdemeanor
58-1 unless it is shown on the trial of the offense that:
58-2 (1) the amount claimed or attempted to be claimed is
58-3 greater than $200 but not more than $10,000, in which event the
58-4 offense is a felony of the third degree;
58-5 (2) the amount claimed or attempted to be claimed is
58-6 greater than $10,000, in which event the offense is a felony of the
58-7 second degree; or
58-8 (3) the person has previously been convicted of an
58-9 offense under Section 466.306, 466.307, 466.309, 466.310, or this
58-10 section, in which event the offense is a felony of the third
58-11 degree, unless the offense is designated as a felony of the second
58-12 degree under Subdivision (2).
58-13 Sec. 466.309. TAMPERING WITH LOTTERY EQUIPMENT. (a) A
58-14 person commits an offense if the person intentionally or knowingly
58-15 tampers with, damages, defaces, or renders inoperable any vending
58-16 machine, electronic computer terminal, or other mechanical device
58-17 used in a lottery game.
58-18 (b) An offense under this section is a felony of the third
58-19 degree.
58-20 Sec. 466.310. CERTAIN TRANSFERS OF CLAIMS. (a) A person
58-21 commits an offense if the person:
58-22 (1) induces another person to assign or transfer a
58-23 right to claim a prize;
58-24 (2) offers for sale the right to claim a prize; or
58-25 (3) offers, for compensation, to claim the prize of
58-26 another person.
58-27 (b) An offense under this section is a felony of the third
59-1 degree, unless it is shown on the trial of the offense that the
59-2 prize involved is greater than $10,000, in which event the offense
59-3 is a felony of the second degree.
59-4 Sec. 466.311. REPORTING AND RECORD VIOLATIONS. (a) A
59-5 person commits an offense if the person, in a license application,
59-6 in a book or record required to be maintained by this chapter or a
59-7 rule adopted under this chapter, or in a report required to be
59-8 submitted by this chapter or a rule adopted under this chapter:
59-9 (1) intentionally or knowingly makes a statement or
59-10 entry that the person knows to be false or misleading; or
59-11 (2) fails to maintain or make an entry the person
59-12 knows is required to be maintained or made.
59-13 (b) A person commits an offense if the person knowingly
59-14 refuses to produce for inspection by the director, comptroller, or
59-15 state auditor a book, record, or document required to be maintained
59-16 or made by this chapter or a rule adopted under this chapter.
59-17 (c) An offense under this section is a Class A misdemeanor.
59-18 Sec. 466.312. FALSE, INCORRECT, OR DECEPTIVE STATEMENT.
59-19 (a) A person commits an offense if the person intentionally,
59-20 knowingly, recklessly, or with criminal negligence makes a material
59-21 and false, incorrect, or deceptive statement to a person conducting
59-22 an investigation or exercising discretion under this chapter or a
59-23 rule adopted under this chapter.
59-24 (b) In this section, "statement" includes:
59-25 (1) a written or oral statement; and
59-26 (2) a sworn or unsworn statement.
59-27 (c) An offense under this section is a Class A misdemeanor.
60-1 Sec. 466.313. Conspiracy. (a) A person commits an offense
60-2 of conspiracy if, with intent that an offense under this chapter be
60-3 committed:
60-4 (1) the person agrees with one or more other persons
60-5 that they or one or more of them engage in conduct that would
60-6 constitute the offense; and
60-7 (2) one or more of the persons agreeing under
60-8 Subdivision (1) performs an overt act in pursuance of the
60-9 agreement.
60-10 (b) An agreement constituting a conspiracy may be inferred
60-11 from acts of the parties.
60-12 (c) It is no defense to prosecution for conspiracy under
60-13 this section that:
60-14 (1) one or more of the coconspirators is not
60-15 criminally responsible for the object offense;
60-16 (2) one or more of the coconspirators has been
60-17 acquitted, so long as at least two coconspirators have not been
60-18 acquitted;
60-19 (3) one or more of the coconspirators has not been
60-20 prosecuted or convicted, has been convicted of a different offense,
60-21 or is immune from prosecution;
60-22 (4) the actor belongs to a class of persons that by
60-23 definition of the object offense is legally incapable of committing
60-24 the object offense in an individual capacity; or
60-25 (5) the object offense was not actually committed.
60-26 (d) An offense under this section is one category lower than
60-27 the most serious offense under this chapter that is the object of
61-1 the conspiracy, and if the most serious offense under this chapter
61-2 that is the object of the conspiracy is a felony of the third
61-3 degree, the offense is a Class A misdemeanor.
61-4 Sec. 466.314. GIFT OR POLITICAL CONTRIBUTION TO OFFICER OR
61-5 EMPLOYEE. (a) The comptroller, the state treasurer, the director,
61-6 or an employee of the division may not knowingly accept a gift or
61-7 political contribution from:
61-8 (1) a person that has a significant financial interest
61-9 in the lottery;
61-10 (2) a person related in the first degree of
61-11 consanguinity or affinity to a person that has a significant
61-12 financial interest in the lottery;
61-13 (3) a person that owns more than a 10 percent interest
61-14 in an entity that has a significant financial interest in the
61-15 lottery;
61-16 (4) a political committee that is directly
61-17 established, administered, or controlled, in whole or in part, by a
61-18 person that has a significant financial interest in the lottery; or
61-19 (5) a person who, within the two years preceding the
61-20 date of the gift or contribution, won a lottery prize exceeding
61-21 $600 in amount or value.
61-22 (b) A person may not knowingly make a gift or political
61-23 contribution to the comptroller, the state treasurer, the director,
61-24 or an employee of the division if the person:
61-25 (1) has a significant financial interest in the
61-26 lottery;
61-27 (2) is related in the first degree of consanguinity or
62-1 affinity to a person that has a significant financial interest in
62-2 the lottery;
62-3 (3) owns more than a 10 percent interest in an entity
62-4 that has a significant financial interest in the lottery;
62-5 (4) is a political committee that is directly
62-6 established, administered, or controlled, in whole or in part, by a
62-7 person that has a significant financial interest in the lottery;
62-8 or
62-9 (5) within the two years preceding the date of the
62-10 gift or contribution, won a lottery prize exceeding $600 in amount
62-11 or value.
62-12 (c) A person commits an offense if the person violates this
62-13 section. An offense under this section is a Class A misdemeanor.
62-14 Sec. 466.315. GIFT OR POLITICAL CONTRIBUTION TO FORMER
62-15 OFFICER OR EMPLOYEE. (a) A former comptroller, former state
62-16 treasurer, former director, or former employee of the division may
62-17 not, before the second anniversary of the date that the person's
62-18 service in office or employment with the division ceases, knowingly
62-19 accept a gift or political contribution from:
62-20 (1) a person that has a significant financial interest
62-21 in the lottery;
62-22 (2) a person related in the first degree of
62-23 consanguinity or affinity to a person that has a significant
62-24 financial interest in the lottery;
62-25 (3) a person that owns more than a 10 percent interest
62-26 in an entity that has a significant financial interest in the
62-27 lottery;
63-1 (4) a political committee that is directly
63-2 established, administered, or controlled, in whole or in part, by a
63-3 person that has a significant financial interest in the lottery; or
63-4 (5) a person who, within the two years preceding the
63-5 date of the gift or contribution, won a lottery prize exceeding
63-6 $600 in amount or value.
63-7 (b) A person may not knowingly make a gift or political
63-8 contribution to a former comptroller, former state treasurer,
63-9 former director, or former employee of the division before the
63-10 second anniversary of the date that the person's service in office
63-11 or employment with the division ceases, if the person:
63-12 (1) has a significant financial interest in the
63-13 lottery;
63-14 (2) is related in the first degree of consanguinity or
63-15 affinity to a person that has a significant financial interest in
63-16 the lottery;
63-17 (3) owns more than a 10 percent interest in an entity
63-18 that has a significant financial interest in the lottery;
63-19 (4) is a political committee that is directly
63-20 established, administered, or controlled, in whole or in part, by a
63-21 person that has a significant financial interest in the lottery;
63-22 or
63-23 (5) within the two years preceding the date of the
63-24 gift or contribution, won a lottery prize exceeding $600 in amount
63-25 or value.
63-26 (c) This section does not apply to a former comptroller or
63-27 former state treasurer who left office on or before August 10,
64-1 1991. This section does not apply to a person who makes a gift or
64-2 political contribution to a former comptroller or former state
64-3 treasurer if the former comptroller or former state treasurer left
64-4 office on or before August 10, 1991.
64-5 (d) A person commits an offense if the person violates this
64-6 section. An offense under this section is a Class A misdemeanor.
64-7 Sec. 466.316. REPRESENTATION BY FORMER OFFICER OR EMPLOYEE.
64-8 (a) A former comptroller, former state treasurer, or former
64-9 director may not:
64-10 (1) for compensation, represent a person that has made
64-11 or intends to make a bid to operate the lottery before the
64-12 comptroller before the second anniversary of the date that the
64-13 person's service in office or employment with the division ceases;
64-14 (2) represent any person or receive compensation for
64-15 services rendered on behalf of any person regarding a particular
64-16 matter in which the former officer or employee participated during
64-17 the period of service or employment with the division, either
64-18 through personal involvement or because the matter was within the
64-19 scope of the officer's or employee's official responsibility; or
64-20 (3) for compensation, communicate directly with a
64-21 member of the legislative branch to influence legislation on behalf
64-22 of a person that has a significant financial interest in the
64-23 lottery, before the second anniversary of the date that the
64-24 person's service in office or employment with the division ceases.
64-25 (b) This section does not apply to a former comptroller or
64-26 former state treasurer who left office on or before August 10,
64-27 1991.
65-1 (c) A person commits an offense if the person violates this
65-2 section. An offense under this section is a Class A misdemeanor.
65-3 (Sections 466.317-466.350 reserved for expansion
65-4 SUBCHAPTER H. REVENUE
65-5 Sec. 466.351. Delivery of Funds. (a) Except as provided by
65-6 Subsection (d), all revenue received from the sale of tickets and
65-7 all money credited to the state lottery account from any other
65-8 source shall be deposited in the state treasury through approved
65-9 state depositories on the settlement day or days established by the
65-10 director.
65-11 (b) The director may require sales agents to establish
65-12 separate electronic funds transfer accounts for the purposes of
65-13 depositing money from ticket sales, making payments to the
65-14 division, and receiving payments from the division. The
65-15 comptroller by rule shall establish the procedures for depositing
65-16 money from ticket sales into electronic funds transfer accounts, as
65-17 well as other procedures regarding the handling of money from
65-18 ticket sales.
65-19 (c) The director may not permit a sales agent to make
65-20 payments to the division or a lottery operator in cash.
65-21 (d) The director may provide for a sales agent to retain
65-22 from the money received from the sale of tickets the amount of
65-23 prizes paid by the agent or the agent's commission, if any, and may
65-24 establish how often the agent will make settlement payments to the
65-25 treasury.
65-26 (e) The director may provide for a sales agent to pay
65-27 amounts received for the sale of tickets directly to an officer or
66-1 employee of the division for immediate deposit in the state
66-2 treasury.
66-3 Sec. 466.352. REPORTING BY SALES AGENT; RECORDS. (a) The
66-4 director may require a sales agent to file with the division
66-5 reports of receipts and transactions relating to the sale of
66-6 tickets in the form and containing the information that the
66-7 director requires.
66-8 (b) Each sales agent shall maintain records adequate to
66-9 establish the disposition of each ticket provided to the sales
66-10 agent, the amounts of money received for the sale of those tickets,
66-11 and any prizes awarded by the sales agent.
66-12 Sec. 466.353. LIABILITY OF SALES AGENT. (a) A sales agent
66-13 is liable to the division for all tickets accepted or generated by
66-14 the sales agent or any employee or agent of the sales agent, and
66-15 tickets shall be deemed to have been purchased by the sales agent
66-16 unless returned to the division within the time and manner
66-17 prescribed by the division.
66-18 (b) Money received by a sales agent from the sales of
66-19 tickets, less the amount retained for prizes paid by the sales
66-20 agent or for the agent's commission, if any, together with any
66-21 unsold tickets, shall be held in trust for the benefit of the state
66-22 before delivery to a lottery operator or the division or electronic
66-23 transfer to the state treasury, and the sales agent is liable to
66-24 the division for the full amount of the money or unsold tickets so
66-25 held. If the sales agent is not an individual, each officer,
66-26 director, or owner of the sales agent is personally liable to the
66-27 division for the full amount of the money or unsold tickets held in
67-1 trust for the benefit of the state.
67-2 Sec. 466.354. DUTIES OF STATE TREASURER. (a) The state
67-3 treasurer, in consultation with the director, shall establish
67-4 procedures for the efficient implementation and operation of an
67-5 electronic funds transfer system to meet the needs of the director
67-6 under this chapter.
67-7 (b) The state treasurer periodically shall file reports with
67-8 the director providing information regarding the revenue credited
67-9 to the state lottery account, the investments of the money in the
67-10 account, and the distributions made from the account.
67-11 Sec. 466.355. STATE LOTTERY ACCOUNT. (a) The state lottery
67-12 account is a special account in the general revenue fund. The
67-13 account consists of all revenue received from the sale of tickets,
67-14 license and application fees under this chapter, and all money
67-15 credited to the account from any other fund or source under law.
67-16 Interest earned by the state lottery account shall be deposited in
67-17 the unobligated portion of the general revenue fund.
67-18 (b) Money in the state lottery account may be used only for
67-19 the following purposes and shall be distributed as follows:
67-20 (1) the payment of prizes to the holders of winning
67-21 tickets;
67-22 (2) the payment of costs incurred in the operation and
67-23 administration of the lottery, including any fees received by a
67-24 lottery operator, provided that the costs incurred in a fiscal
67-25 biennium may not exceed an amount equal to 15 percent of the gross
67-26 revenue accruing from the sale of tickets in that biennium;
67-27 (3) the transfer of amounts to the state lottery
68-1 stabilization fund as provided by Section 466.356; and
68-2 (4) the balance, after creation of a reserve
68-3 sufficient to pay the amounts provided by Subdivisions (1) and (2),
68-4 to be transferred to the unobligated portion of the general revenue
68-5 fund, on or before the 15th day of each month.
68-6 (c) Notwithstanding Subsection (b)(2), before September 1,
68-7 1993, the costs incurred in the operation and administration of the
68-8 lottery in the fiscal biennium beginning September 1, 1991, may be
68-9 more than 15 percent but not more than 20 percent of the gross
68-10 revenue from the sale of tickets in that biennium. This subsection
68-11 expires January 1, 1994.
68-12 Sec. 466.356. STATE LOTTERY STABILIZATION FUND. (a) The
68-13 state lottery stabilization fund is a special fund in the state
68-14 treasury. The fund consists of revenue credited to the fund from
68-15 the state lottery account as provided by Subsection (b). Interest
68-16 earned by the state lottery stabilization fund shall be deposited
68-17 in the unobligated portion of the general revenue fund.
68-18 (b) For each month in which the monthly estimate of net
68-19 lottery revenue exceeds $10 million and the net lottery revenue
68-20 equals or exceeds the monthly estimate of net lottery revenue, the
68-21 comptroller shall transfer $10 million plus the amount by which the
68-22 net lottery revenue exceeds the monthly estimate of net lottery
68-23 revenue from the state lottery account to the state lottery
68-24 stabilization fund.
68-25 (c) Money in the state lottery stabilization fund shall be
68-26 distributed only as follows:
68-27 (1) if in any month the net lottery revenue is less
69-1 than 90 percent of the monthly estimate of net lottery revenue, an
69-2 amount equal to the difference between the monthly estimate of net
69-3 lottery revenue and the net lottery revenue shall be transferred to
69-4 the unobligated portion of the general revenue fund; and
69-5 (2) on the first day of each fiscal biennium, one-half
69-6 of the balance in the state lottery stabilization fund shall be
69-7 transferred to the unobligated portion of the general revenue fund.
69-8 (d) In this section:
69-9 (1) "Annual estimate of net lottery revenue" means the
69-10 estimated amount of net lottery revenue for a fiscal year, as
69-11 determined by the comptroller for purposes of the biennial revenue
69-12 estimate required by Article III, Section 49a, of the Texas
69-13 Constitution.
69-14 (2) "Gross lottery revenue" means the sum of:
69-15 (A) the gross revenue from the sale of tickets;
69-16 and
69-17 (B) license and application fees collected under
69-18 this chapter.
69-19 (3) "Monthly estimate of net lottery revenue" means an
69-20 amount equal to one-twelfth the annual estimate of net lottery
69-21 revenue for the fiscal year that includes the month for which the
69-22 monthly estimate is made.
69-23 (4) "Net lottery revenue" means the gross lottery
69-24 revenue minus the amounts distributed or obligated for a purpose
69-25 described by Sections 466.355(b)(1) and (b)(2).
69-26 (e) Notwithstanding Subsection (b) and Section
69-27 466.355(b)(4), the initial transfer of revenue from the state
70-1 lottery account to the unobligated portion of the general revenue
70-2 fund and the state lottery stabilization fund under those
70-3 subsections shall be made on the 15th day of the month following
70-4 the month in which the earlier of the following occurs:
70-5 (1) the first ticket is sold to a player under this
70-6 chapter; or
70-7 (2) the director receives liquidated damages or a
70-8 payment under a performance bond under a contract with a lottery
70-9 operator.
70-10 (f) Notwithstanding Subsection (b), the first transfer from
70-11 the state lottery account to the state lottery stabilization fund
70-12 may not be made before September 1, 1993. Notwithstanding
70-13 Subsection (c)(1), the first transfer from the state lottery
70-14 stabilization fund to the unobligated portion of the general
70-15 revenue fund may not be made before December 1, 1993.
70-16 (g) Notwithstanding Subsection (d), the monthly estimate of
70-17 net lottery revenue for the month following the month in which the
70-18 first ticket is sold to a player and for each of the subsequent
70-19 months in that fiscal year is the amount of estimated net lottery
70-20 revenue for that fiscal year included in the comptroller's revenue
70-21 estimate under Article III, Section 49a, of the Texas Constitution
70-22 for the biennium ending August 31, 1993, divided by the number of
70-23 whole months remaining in the fiscal year after the month in which
70-24 the first ticket is sold to a player. If the comptroller's revenue
70-25 estimate for the fiscal biennium ending August 31, 1993, does not
70-26 include revenue from a state-operated lottery, all net lottery
70-27 revenue for that biennium shall be credited to the state lottery
71-1 stabilization fund.
71-2 (h) Subsections (e) through (g) and this subsection expire
71-3 January 1, 1994.
71-4 Sec. 466.357. APPLICABILITY OF CONSTITUTIONAL PROVISIONS.
71-5 For purposes of Article III, Section 49a, and Article VIII, Section
71-6 22, of the Texas Constitution:
71-7 (1) funds received from the operation of a lottery are
71-8 not revenue; and
71-9 (2) expenses of operating the lottery and paying
71-10 prizes are not expenses of state government.
71-11 Sec. 466.358. COMPENSATION OF SALES AGENT. (a) The
71-12 director and each lottery operator shall determine the compensation
71-13 to be paid to sales agents for the sale of tickets as provided by
71-14 this section. The compensation paid to a sales agent may not be an
71-15 amount less than five percent of the retail price of the tickets
71-16 sold plus, at the discretion of the director or lottery operator
71-17 supervising the lottery game involved, an incentive bonus based on
71-18 attainment of sales volume, the redemption of winning tickets, or
71-19 other objectives specified by the director or lottery operator for
71-20 each type of lottery.
71-21 (b) The division or a lottery operator may run sales agent
71-22 incentive games for sales agents using the incentive bonus amount
71-23 or other amounts allocated by the director as compensation for
71-24 sales agents.
71-25 Sec. 466.359. COMPENSATION OF SALES AGENT FOR PURPOSES OF
71-26 CONTRACTUAL RENTAL PAYMENT. If a sales agent's rental payments for
71-27 premises are contractually computed in whole or in part on the
72-1 basis of a percentage of the lessee's retail sales and if the
72-2 computation of the lessee's rental payment is not explicitly
72-3 defined to include sales of tickets in a state-operated lottery,
72-4 the compensation received by the sales agent from the lottery is
72-5 considered to be the net amount of the lessee's retail sales of
72-6 tickets for the purpose of computing the rental payment.
72-7 (Sections 466.360-466.400 reserved for expansion
72-8 SUBCHAPTER I. PRIZES
72-9 Sec. 466.401. TICKET VALIDATION; DRAWINGS. (a) The
72-10 department of security shall supervise ticket validation and
72-11 lottery drawings.
72-12 (b) If a lottery game involves a drawing, the drawing must
72-13 be open to the public. An independent certified public accountant
72-14 must witness the drawing.
72-15 (c) An employee of the division and the independent
72-16 certified public accountant witnessing the drawing shall inspect
72-17 any equipment used in the drawing. The equipment must be inspected
72-18 immediately before and after the drawing. The drawing and
72-19 inspections must be recorded on video and audio tape.
72-20 Sec. 466.402. PAYMENT OF PRIZES GENERALLY. (a) The
72-21 director may authorize prizes to be paid by warrants to be drawn on
72-22 the state lottery account.
72-23 (b) The payment of a prize in an amount of $600 or more may
72-24 be made only by the director.
72-25 (c) The director may authorize a sales agent to pay a prize
72-26 in an amount less than $600 after performing procedures to validate
72-27 the winning ticket as required by the director. A prize paid under
73-1 this subsection is not required to be paid by warrant on the state
73-2 lottery account.
73-3 (d) The state is discharged of all further liability on the
73-4 payment of a prize under Section 466.403, 466.404, 466.406, or
73-5 466.407 or this section or under any additional procedures
73-6 established by rule.
73-7 Sec. 466.403. PAYMENT OF PRIZE IN INSTALLMENTS. If the
73-8 director determines that prize money is to be paid in installments,
73-9 the state treasurer shall invest funds from the state lottery
73-10 account as necessary to ensure the payment of the installments.
73-11 The investments may be in securities, annuities, or other
73-12 instruments as determined by the treasurer.
73-13 Sec. 466.404. PAYMENT OF PRIZE TO MULTIPLE WINNERS. (a) A
73-14 specific prize as set forth by the prize structure of a specific
73-15 lottery game may not be paid more than once. If the director
73-16 determines that more than one claimant has been awarded a specific
73-17 unpaid prize in a specific lottery game, each claimant is entitled
73-18 only to an equal share of the prize.
73-19 (b) The director shall pay the cash equivalent of a prize
73-20 other than prize money if more than one person is entitled to share
73-21 the prize as provided by Subsection (a).
73-22 Sec. 466.405. PAYMENT OF PRIZE AWARDED TO MINOR. (a) If a
73-23 minor is entitled to prize money on a winning ticket in an amount
73-24 less than $600, the director may make payment by delivery to an
73-25 adult member of the minor's family, or to the minor's guardian, of
73-26 a warrant payable to the order of the minor.
73-27 (b) If a minor is entitled to prize money on a winning
74-1 ticket in an amount of $600 or more, the director may direct
74-2 payment to the minor by depositing the amount of the prize in any
74-3 bank to the credit of an adult member of the minor's family or of
74-4 the minor's guardian as custodian for the minor.
74-5 (c) The director shall pay the cash equivalent of a prize
74-6 other than prize money if the person entitled to claim the prize is
74-7 a minor. Payment of the cash equivalent of a prize other than
74-8 prize money to a minor shall be made as provided by Subsections (a)
74-9 and (b).
74-10 (d) A person designated to receive payment on behalf of a
74-11 minor has the powers and duties of a custodian under Chapter 141,
74-12 Property Code.
74-13 (e) In this section, "adult," "bank," "custodian,"
74-14 "guardian," "member of a minor's family," and "minor" have the
74-15 meanings assigned by Section 141.002, Property Code.
74-16 Sec. 466.406. RIGHT TO PRIZE NOT ASSIGNABLE. (a) Except as
74-17 otherwise provided by this section, the right of any person to a
74-18 prize is not assignable.
74-19 (b) Payment of a prize may be made to the estate of a
74-20 deceased prizewinner.
74-21 (c) A prize to which a winner is otherwise entitled may be
74-22 paid to any person under an appropriate judicial order.
74-23 Sec. 466.407. DEDUCTIONS FROM PRIZES. (a) The director
74-24 shall deduct the amount of a delinquent tax or other money from the
74-25 winnings of a person who has been finally determined to be:
74-26 (1) delinquent in the payment of a tax or other money
74-27 collected by the comptroller, the state treasurer, or the Texas
75-1 Alcoholic Beverage Commission;
75-2 (2) delinquent in making child support payments
75-3 administered or collected by the attorney general; or
75-4 (3) in default on a loan guaranteed under Chapter 57,
75-5 Education Code.
75-6 (b) If a person's winnings exceed a delinquency under
75-7 Subsection (a), the director shall pay the balance to the person.
75-8 The director shall transfer the amount deducted to the appropriate
75-9 agency.
75-10 (c) The attorney general, state treasurer, Texas Alcoholic
75-11 Beverage Commission, and Texas Guaranteed Student Loan Corporation
75-12 shall each provide the director with a report of persons who have
75-13 been finally determined to be delinquent in the payment of a tax or
75-14 other money collected by the agency. The comptroller shall adopt
75-15 rules regarding the form and frequency of reports under this
75-16 subsection.
75-17 Sec. 466.408. UNCLAIMED PRIZES. (a) The division shall
75-18 retain an unclaimed prize on a winning ticket for payment or
75-19 delivery to the person entitled to the prize for 180 days after the
75-20 date on which the winner was selected.
75-21 (b) If a claim is not made for prize money on or before the
75-22 180th day after the date on which the winner was selected, the
75-23 prize money shall be used to provide additional money to the state
75-24 lottery account for the purposes prescribed by Section
75-25 466.355(b)(1).
75-26 (c) If a claim is not made for a prize other than prize
75-27 money on or before the 180th day after the date on which the winner
76-1 was selected, the prize shall revert to the division for use in
76-2 subsequent games.
76-3 (d) A ticket holder forfeits any claim or entitlement to a
76-4 prize after the expiration of the 180th day after the date on which
76-5 the prizewinner was selected.
76-6 (c) Section 2, Chapter 6, Acts of the 72nd Legislature, 1st
76-7 Called Session, 1991 (Article 179g, Vernon's Texas Civil Statutes),
76-8 is repealed.
76-9 SECTION 4.04. Section 47.02(c), Penal Code, is amended to
76-10 correct a reference to read as follows:
76-11 (c) It is a defense to prosecution under this section that
76-12 the actor reasonably believed that the conduct:
76-13 (1) was permitted under the Bingo Enabling Act
76-14 (Article 179d, Vernon's Texas Civil Statutes);
76-15 (2) was permitted under the Charitable Raffle Enabling
76-16 Act (Article 179f, Revised Statutes); or
76-17 (3) consisted entirely of participation in the state
76-18 lottery authorized by Chapter 466, Government Code <the State
76-19 Lottery Act>.
76-20 SECTION 4.05. Section 47.06(g), Penal Code, is amended to
76-21 correct a reference to read as follows:
76-22 (g) It is a defense to prosecution for an offense under this
76-23 chapter that the conduct was authorized, directly or indirectly, by
76-24 Chapter 466, Government Code <the State Lottery Act>, the lottery
76-25 division in the office of the comptroller, the comptroller, or the
76-26 director of the lottery division.
76-27 SECTION 4.06. Section 47.14, Penal Code, is amended to
77-1 correct a reference to read as follows:
77-2 Sec. 47.14. STATE LOTTERY. It is a defense to prosecution
77-3 for an offense under this chapter that the conduct:
77-4 (1) consisted entirely of participation in the state
77-5 lottery authorized by Chapter 466, Government Code <the State
77-6 Lottery Act>; or
77-7 (2) was a necessary incident to the operation of the
77-8 state lottery and was authorized, directly or indirectly, by
77-9 Chapter 466, Government Code <the State Lottery Act>, the lottery
77-10 division in the office of the comptroller, the comptroller, or the
77-11 director of the lottery division.
77-12 SECTION 4.07. Article 2.12, Code of Criminal Procedure, is
77-13 amended to correct references to read as follows:
77-14 Art. 2.12. Who Are Peace Officers. The following are peace
77-15 officers:
77-16 (1) sheriffs and their deputies;
77-17 (2) constables and deputy constables;
77-18 (3) marshals or police officers of an incorporated
77-19 city, town, or village;
77-20 (4) rangers and officers commissioned by the Public
77-21 Safety Commission and the Director of the Department of Public
77-22 Safety;
77-23 (5) investigators of the district attorneys', criminal
77-24 district attorneys', and county attorneys' offices;
77-25 (6) law enforcement agents of the Texas Alcoholic
77-26 Beverage Commission;
77-27 (7) each member of an arson investigating unit
78-1 commissioned by a city, a county, or the state;
78-2 (8) officers commissioned under Subchapter E, Chapter
78-3 51, Education Code;
78-4 (9) officers commissioned by the <State Purchasing
78-5 and> General Services Commission;
78-6 (10) law enforcement officers commissioned by the
78-7 Parks and Wildlife Commission;
78-8 (11) airport police officers commissioned by a city
78-9 with a population of more than one million, according to the most
78-10 recent federal census, that operates an airport that serves
78-11 commercial air carriers;
78-12 (12) airport security personnel commissioned as peace
78-13 officers by the governing body of any political subdivision of this
78-14 state, other than a city described by Subdivision (11), that
78-15 operates an airport that serves commercial air carriers;
78-16 (13) municipal park and recreational patrolmen and
78-17 security officers;
78-18 (14) security officers commissioned as peace officers
78-19 by the State Treasurer;
78-20 (15) officers commissioned by a water control and
78-21 improvement district under Section 51.132, Water Code;
78-22 (16) officers commissioned by a board of trustees
78-23 under Chapter 341, Acts of the 57th Legislature, Regular Session,
78-24 1961 (Article 1187f, Vernon's Texas Civil Statutes);
78-25 (17) investigators commissioned by the Texas State
78-26 Board of Medical Examiners;
78-27 (18) officers commissioned by the board of managers of
79-1 the Dallas County Hospital District, the Tarrant County Hospital
79-2 District, or the Bexar County Hospital District under Section
79-3 281.057, Health and Safety Code;
79-4 (19) county park rangers commissioned under Subchapter
79-5 E, Chapter 351, Local Government Code;
79-6 (20) investigators employed by the Texas Racing
79-7 Commission;
79-8 (21) officers commissioned by the State Board of
79-9 Pharmacy;
79-10 (22) officers commissioned by the governing body of a
79-11 metropolitan rapid transit authority under Section 13, Chapter 141,
79-12 Acts of the 63rd Legislature, Regular Session, 1973 (Article 1118x,
79-13 Vernon's Texas Civil Statutes), or by a regional transportation
79-14 authority under Section 10, Chapter 683, Acts of the 66th
79-15 Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
79-16 Civil Statutes);
79-17 (23) officers commissioned by the Texas High-Speed
79-18 Rail Authority;
79-19 (24) investigators commissioned by the attorney
79-20 general under Section 402.009, Government Code; and
79-21 (25) security officers and investigators commissioned
79-22 as peace officers under Chapter 466, Government Code <the State
79-23 Lottery Act>.
79-24 SECTION 4.08. Section 111.0047(a), Tax Code, is amended to
79-25 correct references to read as follows:
79-26 (a) If a person fails to comply with any provision of this
79-27 title, with any provision of Chapter 466, Government Code <the
80-1 State Lottery Act>, or with a rule of the comptroller adopted under
80-2 this title or Chapter 466, Government Code <the State Lottery Act>,
80-3 the comptroller, after a hearing, may revoke or suspend any permit
80-4 or license issued to the person.
80-5 SECTION 4.09. Section 111.0048(a), Tax Code, is amended to
80-6 correct references to read as follows:
80-7 (a) A new permit or license may not be issued to a former
80-8 holder of a revoked permit or license unless the comptroller is
80-9 satisfied that the person will comply with the provisions of this
80-10 title and Chapter 466, Government Code <the State Lottery Act> and
80-11 the rules of the comptroller relating to this title and Chapter
80-12 466, Government Code <the State Lottery Act>.
80-13 SECTION 4.10. Section 499.025(b), Government Code, as
80-14 amended by Chapters 16 and 655, Acts of the 72nd Legislature,
80-15 Regular Session, 1991, and Chapter 10, Acts of the 72nd
80-16 Legislature, 2nd Called Session, 1991, is reenacted to read as
80-17 follows:
80-18 (b) If the inmate population of the institutional division
80-19 reaches 95 percent of capacity or, if the attorney general has
80-20 authorized an increase in the permissible percentage of capacity
80-21 under Section 499.109, the inmate population reaches that increased
80-22 permissible percentage, the director shall immediately notify the
80-23 executive director, the board, and the attorney general in writing
80-24 of that fact. The attorney general shall certify to the board in
80-25 writing as to whether the institutional division has reached 95
80-26 percent of capacity or, if applicable, the increased permissible
80-27 percentage. If the attorney general certifies that 95 percent of
81-1 capacity has been reached or, if applicable, that the increased
81-2 permissible percentage has been reached, the board shall
81-3 immediately certify that an emergency overcrowding situation exists
81-4 and direct the Board of Pardons and Paroles to proceed in the
81-5 manner described by Subsection (c). If the Commission on Jail
81-6 Standards determines that in any county jail in this state there
81-7 exists an inmate awaiting transfer to the institutional division
81-8 following conviction of a felony or revocation of probation,
81-9 parole, or release on mandatory supervision and for whom all
81-10 paperwork and processing required for transfer have been completed
81-11 for not less than 45 days, the board may direct the Board of
81-12 Pardons and Paroles to proceed in the manner described by
81-13 Subsection (c).
81-14 SECTION 4.11. (a) Section 771.002(3), Government Code, is
81-15 amended to conform to Section 29, Chapter 641, Acts of the 72nd
81-16 Legislature, Regular Session, 1991, to read as follows:
81-17 (3) "Resources" means materials and<,> equipment<, and
81-18 supplies>.
81-19 (b) Sections 771.003, 771.004, 771.006, 771.007, and
81-20 771.008, Government Code, are amended to conform to Sections 29 and
81-21 30, Chapter 641, Acts of the 72nd Legislature, Regular Session,
81-22 1991, to read as follows:
81-23 Sec. 771.003. AUTHORITY TO CONTRACT; EXCEPTIONS. (a) A
81-24 state agency may agree or contract with another state agency for
81-25 the provision <furnishing> of necessary and authorized services and
81-26 resources.
81-27 (b) A state agency may not construct a highway, road,
82-1 building, or other structure for another agency under this chapter,
82-2 except that the State Department of Highways and Public
82-3 Transportation may enter into an interagency agreement with a state
82-4 college, university, or public junior college <providing> for the
82-5 maintenance, improvement, relocation, or extension of existing
82-6 on-campus streets, parking lots, and access-ways.
82-7 (c) A state agency may not provide <supply> services or
82-8 resources to another agency that are required by Article XVI,
82-9 Section 21, of the Texas Constitution to be provided <supplied>
82-10 under a contract awarded <given> to the lowest responsible bidder.
82-11 Sec. 771.004. CONTRACT REQUIREMENTS; EXCEPTIONS. (a)
82-12 Before a state agency may provide <furnish> or receive a service or
82-13 resource under this chapter, the agency must have entered into a
82-14 written agreement or contract that has been approved by the
82-15 administrator of each agency that is a party to the agreement or
82-16 contract and by the commission.
82-17 (b) The agreement or contract must specify:
82-18 (1) the kind and amount of services or resources to be
82-19 provided <furnished>;
82-20 (2) the basis for computing reimbursable costs; and
82-21 (3) the maximum cost during the period of the
82-22 agreement or contract.
82-23 (c) A written agreement or contract and advance approval by
82-24 the commission are not required:
82-25 (1) in an emergency for the defense or safety of the
82-26 civil population or in the planning and preparation for those
82-27 emergencies;
83-1 (2) in cooperative efforts, proposed by the governor,
83-2 for the economic development of the state; or
83-3 (3) in a situation in which the amount involved is
83-4 less than $2,500.
83-5 Sec. 771.006. <EQUIPMENT> PURCHASES AND SUBCONTRACTS OF
83-6 SERVICES AND RESOURCES. A contract under this chapter may
83-7 authorize an <permit a furnishing> agency providing services and
83-8 resources to subcontract and purchase the services and resources
83-9 <equipment> to the extent considered appropriate by the commission.
83-10 Sec. 771.007. REIMBURSEMENT AND ADVANCEMENT OF COSTS. (a)
83-11 A state agency that receives services or resources under this
83-12 chapter shall reimburse each state agency providing <supplying> the
83-13 services or resources the actual cost of providing <furnishing> the
83-14 services or resources, or the nearest practicable estimate of that
83-15 cost. Reimbursement is not required if<, unless> the services or
83-16 resources are provided <furnished>:
83-17 (1) for national defense or disaster relief; or
83-18 (2) in cooperative efforts, proposed by the governor,
83-19 to promote the economic development of the state.
83-20 (b) A state agency that receives services or resources under
83-21 this chapter may advance federal funds to a state agency providing
83-22 <supplying> the services or resources if the agency receiving the
83-23 services or resources determines that the advance would facilitate
83-24 the implementation of a federally funded program.
83-25 (c) A state agency that receives services or resources under
83-26 this chapter may advance funds to the state agency providing the
83-27 services or resources if an advance is necessary to enable the
84-1 providing agency to provide the services or resources. If an
84-2 advance is made under this section, the agencies shall ensure after
84-3 the services or resources are provided that the providing agency
84-4 has received only sufficient funds to reimburse its total costs.
84-5 An advance of funds is a reimbursement for the purpose of Section
84-6 771.008.
84-7 Sec. 771.008. REIMBURSEMENT <PAYMENT> PROCEDURES. (a) An
84-8 agency shall reimburse an agency <pay> for the services or
84-9 resources provided <received under this chapter> with a voucher
84-10 payable to the providing <furnishing> agency or electronically as
84-11 prescribed by the uniform statewide accounting system. The voucher
84-12 or electronic transfer must be drawn on the appropriation item or
84-13 account of the receiving agency from which the agency would
84-14 ordinarily make expenditures for similar services or resources. A
84-15 receiving agency may authorize a providing agency to gain access to
84-16 the receiving agency's appropriation items or accounts for
84-17 reimbursements under this chapter.
84-18 (b) A reimbursement <payment> received by an agency for
84-19 services or resources provided <furnished> under this chapter shall
84-20 be credited to the appropriation items or accounts from which the
84-21 agency's expenditures for the <furnished> services or resources
84-22 were made.
84-23 (c) A payment for an intraagency transaction is accounted
84-24 for in the same manner as an interagency transaction or an
84-25 interdivisional transfer of money on the records of the agency,
84-26 subject to the applicable provisions of the General Appropriations
84-27 Act.
85-1 (d) The commission shall audit a reimbursement under this
85-2 chapter for compliance with the contract after the reimbursement
85-3 has been completed. If the commission determines that an
85-4 unauthorized reimbursement has occurred, the commission shall
85-5 notify the comptroller. On receipt of the notification, the
85-6 comptroller shall return the reimbursement to the receiving
85-7 agency's appropriation items or accounts. To the extent
85-8 practicable, the comptroller must return a reimbursement to the
85-9 item or account from which the reimbursement was made.
85-10 (c) Sections 29 and 30, Chapter 641, Acts of the 72nd
85-11 Legislature, Regular Session, 1991, are repealed.
85-12 SECTION 4.12. (a) Title 7, Government Code, is amended to
85-13 codify Chapter 427, Acts of the 72nd Legislature, Regular Session,
85-14 1991 (Article 5190.13, Vernon's Texas Civil Statutes), by adding
85-15 Chapter 764 to read as follows:
85-16 CHAPTER 764. TRI-STATE CORRIDOR COMMISSION
85-17 Sec. 764.001. TRI-STATE CORRIDOR COMMISSION MEMBERSHIP. (a)
85-18 The Tri-State Corridor Commission consists of 12 members.
85-19 (b) The political subdivisions in the area the commission
85-20 serves shall jointly appoint nine voting members to the commission.
85-21 The state highway departments of Texas, Arkansas, and Louisiana
85-22 shall each appoint one nonvoting member to the commission.
85-23 (c) Members of the commission serve without compensation.
85-24 Sec. 764.002. POWERS AND DUTIES. (a) The commission shall
85-25 make recommendations to the municipal, county, and state
85-26 governments on the promotion of the economic, industrial, tourist,
85-27 and highway development of the following area:
86-1 (1) Marion, Cass, and Bowie counties in Texas;
86-2 (2) Miller and Little River counties in Arkansas; and
86-3 (3) Caddo Parish in Louisiana.
86-4 (b) The commission may accept gifts or grants from any
86-5 source to pay operating expenses of the commission.
86-6 (c) The commission has all powers necessary and may adopt
86-7 rules to carry out the purposes of this chapter.
86-8 Sec. 764.003. APPLICABLE LAW. The commission is subject to
86-9 the law of Texas, Arkansas, Louisiana, and the United States
86-10 relating to open meetings and public records.
86-11 Sec. 764.004. APPROPRIATIONS. The legislature may not
86-12 appropriate money to the commission.
86-13 (b) Chapter 427, Acts of the 72nd Legislature, Regular
86-14 Session, 1991 (Article 5190.13, Vernon's Texas Civil Statutes), is
86-15 repealed.
86-16 SECTION 4.13. (a) Chapter 772, Government Code, is amended
86-17 to codify Chapter 429, Acts of the 61st Legislature, Regular
86-18 Session, 1969 (Article 1269l-2.1, Vernon's Texas Civil Statutes),
86-19 by adding Section 772.008 to read as follows:
86-20 Sec. 772.008. PLANNING ASSISTANCE FOR POLITICAL
86-21 SUBDIVISIONS. (a) The governor may, on request of the governing
86-22 body of a political subdivision or the authorized agency of a group
86-23 of political subdivisions:
86-24 (1) arrange planning assistance, including surveys,
86-25 community renewal plans, technical services, and other planning;
86-26 and
86-27 (2) arrange for a study or report on a planning
87-1 problem submitted to the governor.
87-2 (b) The governor and the governing body may agree on the
87-3 amount, if any, to be paid to the governor's office for planning
87-4 services.
87-5 (c) The governor may apply for and accept grants from, and
87-6 contract with, the federal government or other sources for any
87-7 planning assistance, study, or report under this section.
87-8 (d) The governor may use the regular functions of the office
87-9 of the governor or another state agency in providing planning
87-10 assistance under this section.
87-11 (e) The governor may exercise powers under this section
87-12 through a designated representative.
87-13 (b) Chapter 429, Acts of the 61st Legislature, Regular
87-14 Session, 1969 (Article 1269l-2.1, Vernon's Texas Civil Statutes),
87-15 is repealed.
87-16 ARTICLE 5. CHANGES RELATING TO HEALTH AND SAFETY CODE
87-17 SECTION 5.01. (a) Sections 106.001, 106.002, and 106.009,
87-18 Health and Safety Code, are designated as SUBCHAPTER A. GENERAL
87-19 PROVISIONS.
87-20 (b) Sections 106.003-106.008, Health and Safety Code, are
87-21 designated as SUBCHAPTER B. ADMINISTRATIVE PROVISIONS, and are
87-22 redesignated as Sections 106.021-106.026.
87-23 (c) Section 106.009, Health and Safety Code, is redesignated
87-24 as Section 106.003.
87-25 (d) Chapter 106, Health and Safety Code, is amended to
87-26 codify Article 4414b-1.1, Revised Statutes, and Section 4(d),
87-27 Article 4414b-1, Revised Statutes, by adding Subchapter C to read
88-1 as follows:
88-2 SUBCHAPTER C. OUTSTANDING RURAL SCHOLAR RECOGNITION
88-3 AND LOAN PROGRAM
88-4 Sec. 106.041. DEFINITIONS. In this subchapter:
88-5 (1) "Advisory committee" means the outstanding rural
88-6 scholar advisory committee.
88-7 (2) "Fund" means the outstanding rural scholar fund.
88-8 (3) "Postsecondary educational institution" means:
88-9 (A) an institution of higher education, as
88-10 defined by Section 61.003, Education Code;
88-11 (B) a nonprofit, independent institution
88-12 approved under Section 61.222, Education Code; or
88-13 (C) a nonprofit, health-related school or
88-14 program accredited by the Southern Association of Colleges and
88-15 Schools, the Liaison Committee on Medical Education, the American
88-16 Osteopathic Association, the Board of Nurse Examiners, the Board of
88-17 Vocational Nurse Examiners, or, in the case of allied health, an
88-18 accrediting body recognized by the United States Department of
88-19 Education.
88-20 (4) "Program" means the outstanding rural scholar
88-21 recognition and loan program.
88-22 (5) "Rural community" means a municipality in a
88-23 nonmetropolitan county as defined by the United States Census
88-24 Bureau in its most recent census.
88-25 Sec. 106.042. ADMINISTRATION. The center shall administer
88-26 or contract for the administration of the program.
88-27 Sec. 106.043. ADVISORY COMMITTEE. (a) The advisory
89-1 committee shall advise the executive committee on the progress of
89-2 the program.
89-3 (b) The advisory committee is composed of 12 members
89-4 appointed by the executive committee and must include:
89-5 (1) a rural practicing family practice physician;
89-6 (2) a rural hospital administrator;
89-7 (3) a rural practicing registered professional nurse;
89-8 (4) a rural practicing allied health professional;
89-9 (5) a dean of a medical school;
89-10 (6) a dean of a nursing school;
89-11 (7) a dean of a school of allied health science;
89-12 (8) a head of a vocational/technical institution;
89-13 (9) a community college administrator;
89-14 (10) an individual knowledgeable in student financial
89-15 assistance programs;
89-16 (11) a rural public school superintendent; and
89-17 (12) a rural resident.
89-18 (c) The executive committee shall consider geographical
89-19 representation in making appointments to the advisory committee.
89-20 (d) Advisory committee members serve for staggered six-year
89-21 terms, with the term of four members expiring August 31 of each
89-22 odd-numbered year. A member is eligible for reappointment to
89-23 consecutive terms.
89-24 (e) The executive committee shall fill a vacancy on the
89-25 advisory committee in the same manner as other appointments to the
89-26 advisory committee.
89-27 (f) A member of the advisory committee is entitled to
90-1 reimbursement for expenses incurred in performing duties under this
90-2 subchapter in amounts not to exceed the amounts specified in the
90-3 General Appropriations Act for travel and per diem allowances for
90-4 state employees.
90-5 (g) The advisory committee may:
90-6 (1) elect a chairman, vice-chairman, and secretary
90-7 from among its members; and
90-8 (2) adopt rules for the conduct of its activities.
90-9 Sec. 106.044. SELECTION OF OUTSTANDING RURAL SCHOLARS. (a)
90-10 The advisory committee shall select outstanding rural scholars
90-11 through a statewide competition.
90-12 (b) The advisory committee shall make selections after
90-13 considering:
90-14 (1) the academic credentials of the applicant;
90-15 (2) one or more interviews with the applicant;
90-16 (3) a statement written by the applicant of the
90-17 applicant's reasons for:
90-18 (A) entering the competition and a health care
90-19 profession; and
90-20 (B) wanting to provide health care services to
90-21 rural Texans; and
90-22 (4) the financial support committed to the applicant
90-23 by the applicant's sponsoring community.
90-24 (c) The advisory committee may not use the applicant's
90-25 performance on a standardized test as the sole criterion to
90-26 determine the applicant's selection as an outstanding rural
90-27 scholar.
91-1 (d) The advisory committee shall recommend to the executive
91-2 committee guidelines to be used by rural communities in the
91-3 selection of students for nomination and sponsorship as outstanding
91-4 rural scholars.
91-5 (e) An outstanding rural scholar receives public recognition
91-6 and a certificate of award and is eligible for a forgivable loan
91-7 under this subchapter.
91-8 Sec. 106.045. ELIGIBILITY FOR OUTSTANDING RURAL SCHOLAR
91-9 COMPETITION. (a) To be eligible to participate in the competition
91-10 under Section 106.044, a high school student or an undergraduate
91-11 student at a postsecondary educational institution must:
91-12 (1) be nominated and sponsored by a rural community,
91-13 which sponsorship must include financial support;
91-14 (2) be a Texas resident under Subchapter B, Chapter
91-15 54, Education Code;
91-16 (3) if the person is a high school student, be in the
91-17 upper 25 percent of the student's high school class if the class
91-18 contains 48 or more students, and intend to enter a postsecondary
91-19 educational institution; and
91-20 (4) if the person is an undergraduate student, be in
91-21 the upper 25 percent of the student's class or have a cumulative
91-22 grade average that is equal to or greater than the equivalent of a
91-23 3.0 on a 4.0 scale, and be enrolled in a postsecondary educational
91-24 institution.
91-25 (b) If a person is neither a high school student nor an
91-26 undergraduate student, the person must be eligible for
91-27 participation in the competition under rules adopted by the
92-1 advisory committee.
92-2 Sec. 106.046. ELIGIBILITY FOR LOANS; RURAL COMMUNITY
92-3 FINANCIAL SUPPORT. (a) For an outstanding rural scholar to be
92-4 eligible for a forgivable loan, community sponsorship must include
92-5 financial support.
92-6 (b) Community financial support consists of a commitment to
92-7 fund 50 percent of the costs of a scholar's tuition, fees,
92-8 educational materials, and living expenses.
92-9 (c) The financial support under this section may be
92-10 satisfied in whole or in part by a grant, a scholarship, or private
92-11 foundation support.
92-12 (d) Evidence of the financial support must be submitted with
92-13 a community's nomination.
92-14 Sec. 106.047. AWARDING OF LOANS. (a) The advisory
92-15 committee shall recommend to the executive committee guidelines for
92-16 the awarding of forgivable loans to outstanding rural scholars.
92-17 (b) The executive committee, acting on the advice of the
92-18 advisory committee, shall award forgivable loans to outstanding
92-19 rural scholars based on the availability of money in the fund.
92-20 (c) If in any year the fund is inadequate to provide loans
92-21 to all eligible applicants, the executive committee shall award
92-22 forgivable loans on a priority basis according to the applicants'
92-23 academic performance, test scores, and other criteria of
92-24 eligibility.
92-25 Sec. 106.048. AMOUNT OF LOAN. (a) On confirmation of an
92-26 outstanding rural scholar's admission to a postsecondary
92-27 educational institution or on receipt of an enrollment report of
93-1 the scholar at a postsecondary educational institution, and a
93-2 certification of the amount of financial support needed, the
93-3 advisory committee annually shall recommend to the executive
93-4 committee that the committee award a forgivable loan to the scholar
93-5 in the amount of 50 percent of the cost of the scholar's tuition,
93-6 fees, educational materials, and living expenses.
93-7 (b) An outstanding rural scholar may receive another grant,
93-8 loan, or scholarship for which the scholar is eligible in addition
93-9 to the receipt of a forgivable loan, except that the total amount
93-10 of funds received may not exceed the reasonable needs of the
93-11 scholar.
93-12 Sec. 106.049. LOAN FORGIVENESS. (a) The principal balance
93-13 and interest for one year of a forgivable loan awarded to an
93-14 outstanding rural scholar must be forgiven for each year the
93-15 scholar practices as a health care professional in the sponsoring
93-16 community.
93-17 (b) The sponsoring community shall report through the
93-18 executive committee to the advisory committee the length of time
93-19 the scholar practices as a health care professional in the
93-20 community.
93-21 (c) If, on the recommendation of the advisory committee, the
93-22 executive committee finds that a sponsoring community is not in
93-23 need of the scholar's services, the executive committee by rule may
93-24 provide for the principal balance and interest of one year of the
93-25 scholar's loan to be forgiven for each year the scholar practices
93-26 in another rural community in this state.
93-27 (d) Any amount of loan principal or interest that is not
94-1 forgiven under this section shall be repaid to the center with
94-2 reasonable collection fees in a timely manner as provided by
94-3 executive committee rule.
94-4 Sec. 106.050. FUND. (a) The outstanding rural scholar fund
94-5 is in the state treasury.
94-6 (b) The fund consists of legislative appropriations, gifts,
94-7 grants, donations, the market value of in-kind contributions, and
94-8 principal and interest payments on forgivable loans deposited to
94-9 the credit of the fund by the center.
94-10 (c) The center shall administer the fund.
94-11 (d) The center, with the recommendation of the advisory
94-12 committee, shall allocate the fund, as available, for forgivable
94-13 loans under this subchapter.
94-14 (e) The center shall deposit any principal and interest
94-15 payments on forgivable loans to the credit of the fund.
94-16 Sec. 106.051. POSTSECONDARY EDUCATIONAL INSTITUTIONS. (a)
94-17 Each postsecondary educational institution shall be provided with a
94-18 list of the outstanding rural scholars and shall be encouraged to
94-19 recruit those scholars.
94-20 (b) A postsecondary educational institution annually shall
94-21 report the progress and performance of each outstanding rural
94-22 scholar to the advisory committee in accordance with the guidelines
94-23 established by the executive committee. A report shall be shared
94-24 with the community sponsoring the scholar.
94-25 Sec. 106.052. ADOPTION AND DISTRIBUTION OF RULES. (a) The
94-26 executive committee shall adopt reasonable rules to enforce the
94-27 requirements, conditions, and limitations under this subchapter.
95-1 (b) The executive committee shall set the rate of interest
95-2 charged on a forgivable loan under this subchapter.
95-3 (c) The executive committee shall adopt rules necessary to
95-4 ensure compliance with the Civil Rights Act of 1964 (42 U.S.C.
95-5 Section 2000d et seq.) concerning nondiscrimination in admissions.
95-6 (d) The executive committee shall distribute to each
95-7 postsecondary educational institution copies of all rules adopted
95-8 under this subchapter.
95-9 (e) The following provisions are repealed:
95-10 (1) Article 4414b-1.1, Revised Statutes; and
95-11 (2) Section 4(d), Article 4414b-1, Revised Statutes.
95-12 SECTION 5.02. (a) Chapter 161, Health and Safety Code, is
95-13 amended to codify Chapter 580, Acts of the 72nd Legislature,
95-14 Regular Session, 1991 (Article 6674v-3a, Revised Statutes), by
95-15 adding Subchapter K to read as follows:
95-16 SUBCHAPTER K. PROHIBITION OF CERTAIN CIGARETTE
95-17 OR TOBACCO PRODUCT ADVERTISING
95-18 Sec. 161.121. DEFINITIONS. In this subchapter:
95-19 (1) "Church" means a facility that is owned by a
95-20 religious organization and that is used primarily for religious
95-21 services.
95-22 (2) "School" means a private or public elementary or
95-23 secondary school.
95-24 (3) "Sign" means an outdoor medium, including a
95-25 structure, display, light device, figure, painting, drawing,
95-26 message, plaque, poster, or billboard, that is:
95-27 (A) used to advertise or inform; and
96-1 (B) visible from the main-traveled way of a
96-2 street or highway.
96-3 (4) "Tobacco product" has the meaning assigned by
96-4 Section 155.001, Tax Code.
96-5 Sec. 161.122. PROHIBITION; EXCEPTIONS. (a) A sign
96-6 containing an advertisement for cigarettes or tobacco products may
96-7 not be located closer than 500 feet to a church or school.
96-8 (b) The measurement of the distance between the sign
96-9 containing an advertisement for cigarettes or tobacco products and
96-10 an institution listed in Subsection (a) is from the nearest
96-11 property line of the institution to a point on a street or highway
96-12 closest to the sign, along street lines and in direct lines across
96-13 intersections.
96-14 (c) This section does not apply to:
96-15 (1) a sign located on or in a facility owned or leased
96-16 by a professional sports franchise or in a facility where
96-17 professional sports events are held at least 10 times during a
96-18 12-month period; or
96-19 (2) a contract for a cigarette or other tobacco
96-20 product advertisement entered into before August 26, 1991.
96-21 (d) In Subsection (c)(1), a "facility" includes a stadium,
96-22 arena, or events center and any land or property owned or leased by
96-23 the professional sports franchise that is connected to or
96-24 immediately contiguous to the stadium, arena, or events center.
96-25 (b) Article 6674v-3a, Revised Statutes, is repealed.
96-26 SECTION 5.03. Section 462.002(c), Health and Safety Code, is
96-27 amended to correct terminology to read as follows:
97-1 (c) A person may initially file a paper with the county
97-2 clerk by the use of reproduced, photocopied, or electronically
97-3 transmitted paper if the person files the original signed copies of
97-4 the paper with the clerk not later than the 72nd hour after the
97-5 hour on which the initial filing is made. If the 72-hour period
97-6 ends on a Saturday, Sunday, or legal holiday, the filing period is
97-7 extended until 4 p.m. on the first succeeding business day. If
97-8 extremely hazardous weather conditions exist or a disaster occurs,
97-9 the presiding judge or magistrate may by written order made each
97-10 day extend the filing period until 4 p.m. on the first succeeding
97-11 business day. The written order must declare that an emergency
97-12 exists because of the weather or the occurrence of a disaster. If
97-13 a person detained under this chapter <code> would otherwise be
97-14 released because the original signed copy of a paper is not filed
97-15 within the 72-hour period but for the extension of the filing
97-16 period under this section, the person may be detained until the
97-17 expiration of the extended filing period. This subsection does not
97-18 affect another provision of this chapter <code> requiring the
97-19 release or discharge of a person.
97-20 SECTION 5.04. Section 672.002(7), Health and Safety Code, is
97-21 amended to conform more closely to the law from which it was
97-22 derived to read as follows:
97-23 (7) "Physician" means a physician licensed by the
97-24 Texas State Board of Medical Examiners or a properly credentialed
97-25 physician who holds a commission in the uniformed services of the
97-26 United States <armed forces> and who is serving on active duty in
97-27 this state.
98-1 SECTION 5.05. If the number, letter, or designation assigned
98-2 by this article conflicts with a number, letter, or designation
98-3 assigned by another Act of the 73rd Legislature, the other Act
98-4 controls, and the number, letter, or designation assigned by this
98-5 article has no effect.
98-6 ARTICLE 6. CHANGES RELATING TO TITLE 7, HEALTH AND SAFETY CODE
98-7 SECTION 6.01. Section 531.002, Health and Safety Code, is
98-8 amended to conform to Section 1, Chapter 569, Acts of the 72nd
98-9 Legislature, Regular Session, 1991, by amending Subdivision (7) and
98-10 adding Subdivisions (16) and (17) to read as follows:
98-11 (7) "Local agency" means:
98-12 (A) a municipality, county, hospital district,
98-13 rehabilitation district, school district, state-supported
98-14 institution of higher education, or state-supported medical school;
98-15 or
98-16 (B) any organizational combination of two or
98-17 more of those <the following> entities<:>
98-18 <(i) a municipality;>
98-19 <(ii) a county;>
98-20 <(iii) a hospital district; or>
98-21 <(iv) a school district>.
98-22 (16) "Business entity" means a sole proprietorship,
98-23 partnership, firm, corporation, holding company, joint-stock
98-24 company, receivership, trust, or any other entity recognized by
98-25 law.
98-26 (17) "Chemical dependency" has the meaning assigned by
98-27 Section 461.002.
99-1 SECTION 6.02. Section 533.007, Health and Safety Code, is
99-2 amended to conform to Section 1, Chapter 379, Acts of the 72nd
99-3 Legislature, Regular Session, 1991, to read as follows:
99-4 Sec. 533.007. ACCESS TO CRIMINAL HISTORY RECORD <CONVICTION>
99-5 INFORMATION; CRIMINAL PENALTY FOR UNLAWFUL DISCLOSURE. (a) The
99-6 department and each community center may receive from a law
99-7 enforcement agency criminal history record information that
99-8 indicates a conviction, probation, arrest warrant, or wanted person
99-9 notice if the person to whom the criminal history record
99-10 information relates:
99-11 (1) is:
99-12 (A) an applicant or employee of the department
99-13 or a community center;
99-14 (B) an applicant or employee of a business or
99-15 <information about the conviction of:>
99-16 <(1) a person who is offered employment that would
99-17 place the person in direct contact with patients with mental
99-18 illness or clients with mental retardation; or>
99-19 <(2) an employee of a> person who contracts with the
99-20 department or a community center to provide residential services to
99-21 patients with mental illness or clients with mental retardation who
99-22 were furloughed or discharged from a department facility or
99-23 community center; or
99-24 (C) a volunteer or an applicant to be a
99-25 volunteer with the department or a community center; and
99-26 (2) would be placed in direct contact with patients
99-27 with mental illness or clients with mental retardation <if the
100-1 employee's duties would place the employee in direct contact with
100-2 the patients or clients>.
100-3 (b) The department shall establish for department facilities
100-4 and community centers a uniform method of obtaining the criminal
100-5 history record <conviction> information. The uniform method must
100-6 require that:
100-7 (1) either a complete set of fingerprints or the
100-8 complete name of the person being investigated be submitted to the
100-9 Department of Public Safety or to another law enforcement agency;
100-10 and
100-11 (2) if fingerprints are submitted, the fingerprints be
100-12 submitted to the Federal Bureau of Investigation for further
100-13 information if a relevant disqualifying record or other substantive
100-14 information is not obtained from a state or local law enforcement
100-15 agency.
100-16 (c) A law enforcement agency may provide to the department
100-17 or a community center criminal history record information <about
100-18 the conviction> of an applicant, employee, or volunteer <a person>
100-19 being investigated only if the information is relevant to the
100-20 person's work duties <current or proposed employment and was
100-21 collected> in accordance with this section. Information <The
100-22 department or community center is not entitled to conviction
100-23 information that is not relevant. Conviction information> is
100-24 relevant <only> if it relates to <a conviction for>:
100-25 (1) a sexual offense;
100-26 (2) a drug-related offense;
100-27 (3) theft; or
101-1 (4) homicide <murder>, assault, battery, or any other
101-2 offense involving personal injury or threat to another person.
101-3 (d) The department or a community center may deny employment
101-4 or volunteer status to an applicant if:
101-5 (1) the department or community center determines that
101-6 the applicant's criminal history record information <a previous
101-7 criminal conviction> indicates that the person <applicant> is not
101-8 qualified or suitable; or
101-9 (2) the applicant fails to provide a complete set of
101-10 fingerprints if the department establishes that method of obtaining
101-11 criminal history record <conviction> information.
101-12 (e) All criminal history record <conviction> information
101-13 received by the department or a community center is privileged
101-14 information and is for the exclusive use of the department and the
101-15 community centers. The information may not be released or
101-16 otherwise disclosed to any other person or agency, except the
101-17 information may be released or disclosed:
101-18 (1) to the contractor employing the person;
101-19 (2) on court order; or
101-20 (3) with the consent of the person being investigated.
101-21 (f) The department or community center shall collect and
101-22 destroy criminal history record <conviction> information relating
101-23 to a person immediately after the department, the community center,
101-24 or a contractor makes a <an employment> decision or takes any
101-25 personnel action relating to the person.
101-26 (g) A person commits an offense if the person releases or
101-27 discloses in violation of this section criminal history record
102-1 <conviction> information received by the department or a community
102-2 center. An offense under this subsection is a felony of the second
102-3 degree.
102-4 (h) The Department of Public Safety is required to provide
102-5 conviction information to the department or a community center only
102-6 if a written agreement provides for the reimbursement of the
102-7 Department of Public Safety for the costs it incurs in providing
102-8 the information.
102-9 (i) The board shall adopt rules relating to the use of
102-10 information obtained under this section, including rules that
102-11 prohibit an adverse personnel action based on arrest warrant or
102-12 wanted persons information received by the department.
102-13 SECTION 6.03. Section 533.035, Health and Safety Code, is
102-14 amended to conform to Section 2, Chapter 569, Acts of the 72nd
102-15 Legislature, Regular Session, 1991, by amending Subsections (b) and
102-16 (c) and adding Subsection (d) to read as follows:
102-17 (b) The department by contract or other method of allocation
102-18 may disburse to a local mental health and mental retardation
102-19 authority department <all> federal mental health <block grant>
102-20 funds and department state funds to be spent in the local service
102-21 area for:
102-22 (1) community mental health and<,> mental
102-23 retardation<, and substance abuse> services; and
102-24 (2) chemical dependency services for persons who are
102-25 dually diagnosed as having both chemical dependency and mental
102-26 illness or mental retardation <to be spent in the local service
102-27 area>.
103-1 (c) A local mental health and mental retardation authority,
103-2 with the department's approval, shall use <by subcontract or other
103-3 method of allocation disburse> the funds received under Subsection
103-4 (b) to provide mental health, mental retardation, and chemical
103-5 dependency <substance abuse> services in the local service area or
103-6 to subcontract for those services.
103-7 (d) A local mental health and mental retardation authority
103-8 shall demonstrate to the department that the services that the
103-9 authority provides directly or through subcontractors and that
103-10 involve state funds comply with relevant state standards.
103-11 SECTION 6.04. Subchapter B, Chapter 533, Health and Safety
103-12 Code, is amended to conform to Section 6, Chapter 627, Acts of the
103-13 72nd Legislature, Regular Session, 1991, by adding Section 533.0415
103-14 to read as follows:
103-15 Sec. 533.0415. MEMORANDUM OF UNDERSTANDING ON INTERAGENCY
103-16 TRAINING. (a) The department, the Texas Department of Human
103-17 Services, the Texas Youth Commission, the Texas Juvenile Probation
103-18 Commission, and the Central Education Agency by rule shall adopt a
103-19 joint memorandum of understanding to develop interagency training
103-20 for the staffs of the agencies involved in the functions of
103-21 assessment, case planning, case management, and in-home or direct
103-22 delivery of services to children, youth, and their families. The
103-23 memorandum must:
103-24 (1) outline the responsibility of each agency in
103-25 coordinating and developing a plan for interagency training on
103-26 individualized assessment and effective intervention and treatment
103-27 services for children and dysfunctional families; and
104-1 (2) provide for the establishment of an interagency
104-2 task force to:
104-3 (A) develop a training program to include
104-4 identified competencies, content, and hours for completion of the
104-5 training with at least 20 hours of training required each year
104-6 until the program is completed;
104-7 (B) design a plan for implementing the program,
104-8 including regional site selection, frequency of training, and
104-9 selection of experienced clinical public and private professionals
104-10 or consultants to lead the training;
104-11 (C) monitor, evaluate, and revise the training
104-12 program, including the development of additional curricula based on
104-13 future training needs identified by staff and professionals; and
104-14 (D) submit a report to the governor, lieutenant
104-15 governor, and speaker of the house of representatives by October 15
104-16 of each even-numbered year.
104-17 (b) The task force consists of:
104-18 (1) one clinical professional and one training staff
104-19 member from each agency, appointed by that agency; and
104-20 (2) 10 private sector clinical professionals with
104-21 expertise in dealing with troubled children, youth, and
104-22 dysfunctional families, two of whom are appointed by each agency.
104-23 (c) The task force shall meet at the call of the department.
104-24 (d) The department shall act as the lead agency in
104-25 coordinating the development and implementation of the memorandum.
104-26 (e) The agencies shall review and by rule revise the
104-27 memorandum not later than August each year.
105-1 SECTION 6.05. Section 533.061(f), Health and Safety Code, is
105-2 amended to conform to Section 2, Chapter 248, Acts of the 72nd
105-3 Legislature, Regular Session, 1991, to read as follows:
105-4 (f) Not later than August 30 of each odd-numbered year, the
105-5 council shall review the plan submitted by the department under
105-6 Section 533.062, make changes the council considers necessary, and
105-7 approve the final plan.
105-8 SECTION 6.06. Sections 533.062(a) and (c), Health and Safety
105-9 Code, are amended to conform to Section 1, Chapter 248, Acts of the
105-10 72nd Legislature, Regular Session, 1991, to read as follows:
105-11 (a) The department shall biennially <annually> plan for the
105-12 creation of new beds in the ICF-MR program.
105-13 (c) Each plan shall cover the subsequent fiscal biennium
105-14 <year>. Not later than July 1 of each odd-numbered year, the
105-15 department shall submit the plan to the Interagency Council on
105-16 ICF-MR Facilities for approval.
105-17 SECTION 6.07. Section 534.001, Health and Safety Code, is
105-18 amended to correct a reference and to conform more closely to the
105-19 source law from which it was derived and to Section 3, Chapter 569,
105-20 Acts of the 72nd Legislature, Regular Session, 1991, by amending
105-21 Subsections (c) and (d) and adding Subsection (e) to read as
105-22 follows:
105-23 (c) A community center is:
105-24 (1) an agency of the state, a <state agency,>
105-25 governmental unit, and a unit of local government, as defined and
105-26 specified by Chapters 101 and 102, Civil Practice and Remedies
105-27 Code; and
106-1 (2) a local government, as defined by Section 791.003,
106-2 Government Code <Section 3, The Interlocal Cooperation Act (Article
106-3 4413(32c), Vernon's Texas Civil Statutes)>.
106-4 (d) A community center may be established only if:
106-5 (1) the proposed center submits to the department a
106-6 copy of the contract between the participating local agencies, if
106-7 applicable;
106-8 (2) the department approves the proposed center's plan
106-9 to develop and make available to the region's residents an
106-10 effective mental health or mental retardation program, or both,
106-11 through a community center that is appropriately structured to
106-12 include the financial, physical, and personnel resources necessary
106-13 to meet the region's needs; and
106-14 (3) the department <deliver mental health or mental
106-15 retardation services and> determines that the center can
106-16 appropriately, effectively, and efficiently provide those services
106-17 in the region.
106-18 (e) A community center established under Subsection (d)
106-19 <this section> may operate only for the purposes defined in the
106-20 center's plan. The board by rule shall specify the elements that
106-21 must be included in a plan and shall prescribe the procedure for
106-22 submitting and approving a center's plan.
106-23 SECTION 6.08. Subchapter A, Chapter 534, Health and Safety
106-24 Code, is amended to conform more closely to the source law from
106-25 which it was derived and to Section 4, Chapter 569, Acts of the
106-26 72nd Legislature, Regular Session, 1991, by adding Section 534.0015
106-27 to read as follows:
107-1 Sec. 534.0015. PURPOSE AND POLICY. (a) A community center
107-2 created under this subchapter is intended to be a vital component
107-3 in a continuum of services for persons in this state who are
107-4 mentally ill or mentally retarded.
107-5 (b) It is the policy of this state that community centers
107-6 strive to develop services for persons who are mentally ill or
107-7 mentally retarded, and may provide requested services to persons
107-8 with a chemical dependency, that are effective alternatives to
107-9 treatment in a large residential facility.
107-10 SECTION 6.09. Section 534.002, Health and Safety Code, is
107-11 amended to conform to Section 4, Chapter 569, Acts of the 72nd
107-12 Legislature, Regular Session, 1991, to read as follows:
107-13 Sec. 534.002. Board of Trustees for Center Established by
107-14 One Local Agency. The board of trustees of a community center
107-15 established by one local agency is composed of:
107-16 (1) the members of the local agency's governing body;
107-17 or
107-18 (2) not fewer than five or more than nine qualified
107-19 voters who reside in the region to be served by the center and who
107-20 are appointed by the local agency's governing body.
107-21 SECTION 6.10. Section 534.003(c), Health and Safety Code, is
107-22 amended to conform to Section 3, Chapter 569, Acts of the 72nd
107-23 Legislature, Regular Session, 1991, to read as follows:
107-24 (c) When the center is established, the governing bodies
107-25 shall enter into a contract that stipulates the number of board
107-26 members and the group from which the members are chosen. They may
107-27 renegotiate or amend the contract as necessary to change the:
108-1 (1) method of choosing the members; or
108-2 (2) membership of the board of trustees to more
108-3 accurately reflect the ethnic and geographic diversity of the local
108-4 service area.
108-5 SECTION 6.11. Section 534.004, Health and Safety Code, is
108-6 amended to conform to Section 4, Chapter 569, Acts of the 72nd
108-7 Legislature, Regular Session, 1991, to read as follows:
108-8 Sec. 534.004. PROCEDURES RELATING TO BOARD OF TRUSTEES
108-9 MEMBERSHIP. (a) The local agency or organizational combination of
108-10 local agencies that establishes a community center shall prescribe:
108-11 (1) the application procedure for a position on the
108-12 board of trustees;
108-13 (2) the procedure and criteria for making appointments
108-14 to the board of trustees;
108-15 (3) the procedure for posting notice of and filling a
108-16 vacancy on the board of trustees; <and>
108-17 (4) the grounds and procedure for removing a member of
108-18 the board of trustees; and
108-19 (5) a procedure to ensure that an appointed member of
108-20 a board of trustees appointed by a local agency or organizational
108-21 combination of local agencies primarily located in only one county
108-22 serves not more than four consecutive and complete two-year terms.
108-23 (b) The local agency or organizational combination of local
108-24 agencies that appoints the board of trustees shall, in appointing
108-25 the members, attempt to reflect the ethnic and geographic diversity
108-26 of the local service area the community center serves. The local
108-27 agency or organizational combination shall include on the board of
109-1 trustees one or more persons otherwise qualified under this chapter
109-2 who are consumers of the types of services the center provides or
109-3 who are family members of consumers of the types of services the
109-4 center provides.
109-5 SECTION 6.12. Section 534.005, Health and Safety Code, is
109-6 amended to conform to Section 4, Chapter 569, Acts of the 72nd
109-7 Legislature, Regular Session, 1991, by adding Subsection (c) to
109-8 read as follows:
109-9 (c) If the local agency or organizational combination of
109-10 local agencies that appoints the board of trustees is primarily
109-11 located in only one county, a person appointed to the board of
109-12 trustees may not serve more than four consecutive and complete
109-13 two-year terms.
109-14 SECTION 6.13. Subchapter A, Chapter 534, Health and Safety
109-15 Code, is amended to conform to Section 4, Chapter 569, Acts of the
109-16 72nd Legislature, Regular Session, 1991, by amending Section
109-17 534.006 and adding Section 534.0065 to read as follows:
109-18 Sec. 534.006. TRAINING. (a) The board by rule shall
109-19 establish:
109-20 (1) an annual training program for members of a board
109-21 of trustees administered by the professional staff of that
109-22 community center, including the center's legal counsel; and
109-23 (2) an advisory committee to develop training
109-24 guidelines that includes representatives of advocates for persons
109-25 with mental illness or mental retardation and representatives of
109-26 boards of trustees.
109-27 (b) Before a member of a board of trustees may assume
110-1 office, the member shall attend at least one training session
110-2 administered by that center's professional staff to receive
110-3 information relating to:
110-4 (1) the enabling legislation that created the
110-5 community center;
110-6 (2) the programs the community center operates;
110-7 (3) the community center's budget for that program
110-8 year;
110-9 (4) the results of the most recent formal audit of the
110-10 community center;
110-11 (5) the requirements of the open meetings law, Chapter
110-12 271, Acts of the 60th Legislature, Regular Session, 1967 (Article
110-13 6252-17, Vernon's Texas Civil Statutes), and the open records law,
110-14 Chapter 424, Acts of the 63rd Legislature, Regular Session, 1973
110-15 (Article 6252-17a, Vernon's Texas Civil Statutes);
110-16 (6) the requirements of conflict of interest laws and
110-17 other laws relating to public officials; and
110-18 (7) any ethics policies adopted by the community
110-19 center <EFFECT ON PREVIOUS BOARDS. (a) This subchapter does not
110-20 affect the validity of:>
110-21 <(1) a community center or board of trustees
110-22 established or appointed before September 1, 1969; or>
110-23 <(2) a board selection committee appointed by an
110-24 organizational combination of more than six local agencies under
110-25 Section 3.02(a), Chapter 67, Acts of the 59th Legislature, Regular
110-26 Session, 1965, as it read preceding September 1, 1969.>
110-27 <(b) A community center or board of trustees established or
111-1 appointed under prior law may be reorganized to comply with this
111-2 subchapter>.
111-3 Sec. 534.0065. QUALIFICATIONS; CONFLICT OF INTEREST;
111-4 REMOVAL. (a) As a local public official, a member of the board of
111-5 trustees of a community center shall uphold the member's position
111-6 of public trust by meeting and maintaining the applicable
111-7 qualifications for membership and by complying with the applicable
111-8 requirements relating to conflicts of interest.
111-9 (b) A person is not eligible for appointment as a member of
111-10 a board of trustees if the person or the person's spouse:
111-11 (1) owns or controls, directly or indirectly, more
111-12 than a 10 percent interest in a business entity or other
111-13 organization receiving funds from the community center by contract
111-14 or other method; or
111-15 (2) uses or receives a substantial amount of tangible
111-16 goods or funds from the community center, other than:
111-17 (A) compensation or reimbursement authorized by
111-18 law for board of trustees membership, attendance, or expenses; or
111-19 (B) as a consumer or as a family member of a
111-20 client or patient receiving services from the community center.
111-21 (c) The primary residence of a member of the board of
111-22 trustees must be in the local service area the member represents.
111-23 (d) A member of the board of trustees is subject to Chapter
111-24 171, Local Government Code.
111-25 (e) A member of the board of trustees may not:
111-26 (1) refer for services a client or patient to a
111-27 business entity owned or controlled by a member of the board of
112-1 trustees, unless the business entity is the only business entity
112-2 that provides the needed services within the jurisdiction of the
112-3 community center;
112-4 (2) use a community center facility in the conduct of
112-5 a business entity owned or controlled by that member;
112-6 (3) solicit, accept, or agree to accept from another
112-7 person or business entity a benefit in return for the member's
112-8 decision, opinion, recommendation, vote, or other exercise of
112-9 discretion as a local public official or for a violation of a duty
112-10 imposed by law;
112-11 (4) receive any benefit for the referral of a client
112-12 or a patient to the community center or to another business entity;
112-13 (5) appoint, vote for, or confirm the appointment of a
112-14 person to a paid office or position with the community center if
112-15 the person is related to a member of the board of trustees by
112-16 affinity within the second degree or by consanguinity within the
112-17 third degree; or
112-18 (6) solicit or receive a political contribution from a
112-19 supplier to or contractor with the community center.
112-20 (f) Not later than the date on which a member of the board
112-21 of trustees takes office by appointment or reappointment and not
112-22 later than the anniversary of that date, each member shall annually
112-23 execute and file with the community center an affidavit
112-24 acknowledging that the member has read the requirements for
112-25 qualification, conflict of interest, and removal prescribed by this
112-26 chapter.
112-27 (g) In addition to any grounds for removal adopted under
113-1 Section 534.004(a), it is a ground for removal of a member of a
113-2 board of trustees if the member:
113-3 (1) violates Chapter 171, Local Government Code;
113-4 (2) is not eligible for appointment to the board of
113-5 trustees at the time of appointment as provided by Subsections (b)
113-6 and (c);
113-7 (3) does not maintain during service on the board of
113-8 trustees the qualifications required by Subsections (b) and (c);
113-9 (4) violates a provision of Subsection (e);
113-10 (5) violates a provision of Section 534.0115; or
113-11 (6) does not execute the affidavit required by
113-12 Subsection (f).
113-13 (h) If a board of trustees is composed of members of the
113-14 governing body of a local agency or organizational combination of
113-15 local agencies, this section applies only to the qualifications for
113-16 and removal from membership on the board of trustees.
113-17 SECTION 6.14. Section 534.008(a), Health and Safety Code, is
113-18 amended to conform to Section 4, Chapter 569, Acts of the 72nd
113-19 Legislature, Regular Session, 1991, to read as follows:
113-20 (a) The board of trustees is responsible for the effective
113-21 administration of <shall administer> the community center.
113-22 SECTION 6.15. Section 534.009, Health and Safety Code, is
113-23 amended to conform to Section 4, Chapter 569, Acts of the 72nd
113-24 Legislature, Regular Session, 1991, by amending Subsection (c) and
113-25 adding Subsection (d) to read as follows:
113-26 (c) The board of trustees shall keep a record of its
113-27 proceedings in accordance with the open meetings law (Article
114-1 6252-17, Vernon's Texas Civil Statutes). The record is open for
114-2 public inspection in accordance with that law.
114-3 (d) The board of trustees shall send to the department and
114-4 each local agency that appoints the members a copy of the approved
114-5 minutes of board of trustees meetings by:
114-6 (1) mailing a copy appropriately addressed and with
114-7 the necessary postage paid using the United States postal service;
114-8 or
114-9 (2) another method agreed to by the board of trustees
114-10 and the local agency.
114-11 SECTION 6.16. Section 534.010(b), Health and Safety Code, is
114-12 amended to conform to Section 4, Chapter 569, Acts of the 72nd
114-13 Legislature, Regular Session, 1991, to read as follows:
114-14 (b) The board of trustees shall:
114-15 (1) adopt a written policy governing the powers that
114-16 may be delegated to the executive director; and
114-17 (2) annually report to each local agency that appoints
114-18 the members the executive director's total compensation and
114-19 benefits <executive director has the powers delegated by the board
114-20 of trustees. Those powers are subject to the policy direction of
114-21 the board of trustees>.
114-22 SECTION 6.17. Section 534.011, Health and Safety Code, is
114-23 amended to conform to Section 4, Chapter 569, Acts of the 72nd
114-24 Legislature, Regular Session, 1991, to read as follows:
114-25 Sec. 534.011. PERSONNEL. (a) The <board of trustees or>
114-26 executive director, in accordance with the policies of the board of
114-27 trustees, shall <may:>
115-1 <(1)> employ and train personnel to administer the
115-2 community center's programs and services. The community center
115-3 may<; and>
115-4 <(2)> recruit <and train> those personnel and contract
115-5 for recruiting and training purposes <that purpose>.
115-6 (b) <The board of trustees shall adopt standardized
115-7 qualifications for personnel positions for the community center
115-8 that are consistent with the standards developed by the
115-9 commissioner under Section 532.011(e).>
115-10 <(c)> The board of trustees shall provide employees of the
115-11 community center with appropriate rights, privileges, and benefits
115-12 <that are consistent with the rights, privileges, and benefits
115-13 available to employees of the local agencies that establish the
115-14 center>.
115-15 (c) <(d)> The board of trustees may provide workers'
115-16 compensation benefits.
115-17 (d) <(e)> The board of trustees shall prescribe the number
115-18 of employees and their salaries<, subject to the commissioner's
115-19 approval>. The board of trustees may choose to set salaries and
115-20 benefits in compliance with a market analysis or internal salary
115-21 study. If an internal salary study is used, the board of trustees
115-22 shall conduct the study in accordance with the guidelines
115-23 established by the commissioner.
115-24 (e) Instead of using a market analysis or internal salary
115-25 study to establish salaries and benefits, the board of trustees may
115-26 use the state position classification plan and the General
115-27 Appropriations Act to determine the appropriate classification and
116-1 relative compensation of officers and employees. The board of
116-2 trustees may pay salaries in amounts less than those provided by
116-3 the General Appropriations Act. For a position not on the
116-4 classification plan, the board of trustees shall set the
116-5 compensation according to guidelines adopted by the commissioner.
116-6 The board of trustees may petition the department for approval to
116-7 exclude a position from the position classification plan and to
116-8 provide a stated salary for that position that exceeds the amount
116-9 prescribed by the General Appropriations Act for the classified
116-10 position.
116-11 (f) During a management audit of a community center, the
116-12 department is entitled to confirm the method the center used to
116-13 determine salaries and benefits.
116-14 SECTION 6.18. Subchapter A, Chapter 534, Health and Safety
116-15 Code, is amended to conform to Section 4, Chapter 569, Acts of the
116-16 72nd Legislature, Regular Session, 1991, by adding Section 534.0115
116-17 to read as follows:
116-18 Sec. 534.0115. NEPOTISM. (a) The board of trustees or
116-19 executive director may not hire as a paid officer or employee of
116-20 the community center a person who is related to a member of the
116-21 board of trustees by affinity within the second degree or by
116-22 consanguinity within the third degree.
116-23 (b) An officer or employee who is related to a member of the
116-24 board of trustees in a prohibited manner may continue to be
116-25 employed if the person began the employment not later than the 31st
116-26 day before the date on which the member was appointed.
116-27 (c) The officer or employee or the member of the board of
117-1 trustees shall resign if the officer or employee began the
117-2 employment later than the 31st day before the date on which the
117-3 member was appointed.
117-4 (d) If an officer or employee is permitted to remain in
117-5 employment under Subsection (b), the related member of the board of
117-6 trustees may not participate in the deliberation of or voting on an
117-7 issue that is specifically applicable to the officer or employee
117-8 unless the issue affects an entire class or category of employees.
117-9 SECTION 6.19. Sections 534.012(a) and (b), Health and Safety
117-10 Code, are amended to conform to Section 4, Chapter 569, Acts of the
117-11 72nd Legislature, Regular Session, 1991, to read as follows:
117-12 (a) The board of trustees may appoint committees, including
117-13 medical committees, to advise the board of trustees on matters
117-14 relating to <the administration of> mental health and mental
117-15 retardation services.
117-16 (b) Each committee must be composed of at least three <five>
117-17 members.
117-18 SECTION 6.20. Section 534.014, Health and Safety Code, is
117-19 amended to conform to Sections 4 and 13, Chapter 569, Acts of the
117-20 72nd Legislature, Regular Session, 1991, to read as follows:
117-21 Sec. 534.014. BUDGET; REQUEST FOR FUNDS. (a) Each
117-22 community center shall annually provide to each local agency that
117-23 appoints members to the board of trustees a copy of the center's:
117-24 (1) approved fiscal year operating budget;
117-25 (2) most recent annual financial audit; and
117-26 (3) staff salaries by position.
117-27 (b) The board of trustees shall annually submit to each
118-1 local agency that appoints the members a request for funds or
118-2 in-kind assistance to support the center <PLAN FOR SERVICES. As
118-3 soon as possible after a community center is established, the board
118-4 of trustees shall submit to the department:>
118-5 <(1) a copy of the contract between the participating
118-6 local agencies, if applicable; and>
118-7 <(2) a plan, within the projected financial, physical,
118-8 and personnel resources of the region to be served, to develop and
118-9 make available to the region's residents an effective mental health
118-10 or mental retardation services program, or both, through one or
118-11 more community centers>.
118-12 SECTION 6.21. Subchapter A, Chapter 534, Health and Safety
118-13 Code, is amended to conform to Section 6, Chapter 569, Acts of the
118-14 72nd Legislature, Regular Session, 1991, by adding Section 534.0155
118-15 to read as follows:
118-16 Sec. 534.0155. FOR WHOM SERVICES MAY BE PROVIDED. (a) This
118-17 subtitle does not prevent a community center from providing
118-18 services to a person with chemical dependency or to a person with a
118-19 mental disability, as that term is defined by Section 535.001.
118-20 (b) A community center may provide those services by
118-21 contracting with a public or private agency in addition to the
118-22 department.
118-23 (c) A community center may not provide services to a person
118-24 with a disability that is not listed in the definition of person
118-25 with a mental disability provided by Section 535.001, except that a
118-26 community center that, on or before September 1, 1991, has
118-27 contracted to provide services to a person with a disability that
119-1 is not listed in that definition may continue to receive funding
119-2 and provide services to that person for the term of the contract.
119-3 SECTION 6.22. Section 534.017(a), Health and Safety Code, is
119-4 amended to conform to Section 7, Chapter 569, Acts of the 72nd
119-5 Legislature, Regular Session, 1991, to read as follows:
119-6 (a) A community center shall charge reasonable fees for <to
119-7 cover the cost of> services the center provides, unless prohibited
119-8 by other service contracts or law.
119-9 SECTION 6.23. Sections 534.018, 534.019, and 534.020, Health
119-10 and Safety Code, are amended to conform to Section 4, Chapter 569,
119-11 Acts of the 72nd Legislature, Regular Session, 1991, to read as
119-12 follows:
119-13 Sec. 534.018. GIFTS AND GRANTS. A community center may
119-14 accept gifts and grants of money, personal property, and real
119-15 property to use in providing <administering> the center's programs
119-16 and services.
119-17 Sec. 534.019. CONTRIBUTION BY LOCAL AGENCY. A participating
119-18 local agency may contribute land, buildings, facilities, other real
119-19 and personal property, personnel, and funds to administer the
119-20 community center's programs and services.
119-21 Sec. 534.020. ACQUISITION AND CONSTRUCTION OF PROPERTY AND
119-22 FACILITIES BY COMMUNITY CENTER. (a) A community center may
119-23 purchase or lease real and personal property and may construct
119-24 buildings and facilities.
119-25 (b) The board of trustees shall require that an appraiser
119-26 certified by a master appraisal institute conduct an independent
119-27 appraisal of real estate the community center intends to purchase.
120-1 The board of trustees may waive this requirement if the purchase
120-2 price is less than the value listed for the property by the local
120-3 appraisal district and the property has been appraised by the local
120-4 appraisal district within the preceding two years. A community
120-5 center may not purchase or lease property for an amount that is
120-6 greater than the property's appraised value unless:
120-7 (1) the purchase or lease of that property at that
120-8 price is necessary;
120-9 (2) the board of trustees documents in the official
120-10 minutes the reasons why the purchase or lease is necessary at that
120-11 price; and
120-12 (3) a majority of the board approves the transaction.
120-13 (c) The board of trustees shall establish in accordance with
120-14 relevant department rules competitive bidding procedures and
120-15 practices for capital purchases and for purchases involving
120-16 department funds or required local matching funds.
120-17 SECTION 6.24. Section 534.022, Health and Safety Code, is
120-18 amended to conform to Section 5, Chapter 569, and Section 1,
120-19 Chapter 596, Acts of the 72nd Legislature, Regular Session, 1991,
120-20 by amending Subsection (b) and adding Subsection (d) to read as
120-21 follows:
120-22 (b) The community center shall issue the bonds or notes in
120-23 accordance with the Bond Procedures Act of 1981 (Article 717k-6,
120-24 Vernon's Texas Civil Statutes), and Chapter 656, Acts of the 68th
120-25 Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
120-26 Civil Statutes). The attorney general must approve the bonds <or
120-27 notes> before issuance.
121-1 (d) The board shall review the issuance of bonds or notes
121-2 under this section and for each issuance shall make a finding of
121-3 whether the proceeds are to be expended on projects or purchases
121-4 that are related to the provision of services. Not later than
121-5 November 1 of each year, the board shall submit to the Legislative
121-6 Budget Board, the Governor's Office of Budget and Planning, and the
121-7 state auditor a report that describes the use and amount of
121-8 proceeds derived from bonds and notes issued by community centers
121-9 in the preceding fiscal year.
121-10 SECTION 6.25. Section 534.023(b), Health and Safety Code, is
121-11 amended to conform to Section 5, Chapter 569, Acts of the 72nd
121-12 Legislature, Regular Session, 1991, to read as follows:
121-13 (b) The agreement must include a provision for a
121-14 lease-purchase arrangement between <among> the community center<,
121-15 the governing body of each local agency establishing the center,>
121-16 and the department.
121-17 SECTION 6.26. Sections 534.026 and 534.030, Health and
121-18 Safety Code, are amended to conform to Section 5, Chapter 569, Acts
121-19 of the 72nd Legislature, Regular Session, 1991, to read as follows:
121-20 Sec. 534.026. Terms of Construction or Renovation Agreement.
121-21 (a) In an agreement to construct a facility under Section 534.023
121-22 or to renovate a facility under Section 534.024, the department
121-23 shall specify the lease or loan payments that include the
121-24 amortization of the cost of the facility or renovation <for not
121-25 more than 40 years>.
121-26 (b) The agreement must <may> provide for reasonable interest
121-27 to be paid by the community center on the total cost of the
122-1 facility or renovation. The rate of interest may not exceed 50
122-2 percent of the market interest rate, as determined by the
122-3 department, that a local agency that established the community
122-4 center would pay at the time the agreement is made if the agency
122-5 issued revenue bonds to construct or renovate the facility payable
122-6 for the same period as the period of the agreement to construct or
122-7 renovate the facility.
122-8 Sec. 534.030. STATE FUNDS. (a) A community center may use
122-9 state funds, including state contract funds, to operate a facility
122-10 constructed under Section 534.023 or renovated under Section
122-11 534.024. The total amount of state funds used in the actual
122-12 operation of the facility may not exceed an amount equal to 60
122-13 percent of the facility's total operating budget.
122-14 (b) In determining a facility's total operating budget, a
122-15 community center may not include lease-purchase payments or
122-16 renovation funding repayments.
122-17 (c) <A community center may not use state funds to make
122-18 lease-purchase payments or renovation funding repayments.>
122-19 <(d)> The construction, renovation, or operation of a
122-20 facility under Sections 534.023-534.029 does not constitute grounds
122-21 for a community center to receive contract funds that are in
122-22 addition to the contract funds the center would otherwise receive
122-23 under the board's rules governing distribution of those funds.
122-24 SECTION 6.27. Sections 534.033(a) and (c), Health and Safety
122-25 Code, are amended to conform to Section 6, Chapter 569, Acts of the
122-26 72nd Legislature, Regular Session, 1991, to read as follows:
122-27 (a) It is the intent of the legislature that the department
123-1 limit its control over, and routine reviews of, community center
123-2 programs to those programs that:
123-3 (1) use department <state> funds or use required local
123-4 funds that are matched with department <state> funds;
123-5 (2) provide core or required services;
123-6 (3) provide services to former clients or patients of
123-7 a department facility; or
123-8 (4) are affected by litigation in which the department
123-9 is a defendant.
123-10 (c) The department may determine whether a particular
123-11 program uses department <state> funds or uses required local
123-12 matching funds.
123-13 SECTION 6.28. Subchapter A, Chapter 534, Health and Safety
123-14 Code, is amended to conform to Section 8, Chapter 569, Acts of the
123-15 72nd Legislature, Regular Session, 1991, by adding Section 534.035
123-16 to read as follows:
123-17 Sec. 534.035. PROGRAM REVIEW AND MANAGEMENT AUDIT. (a) The
123-18 department by rule shall establish as a contract requirement for
123-19 community centers program review and management audit procedures to
123-20 ensure that reviews and audits are conducted in sufficient quantity
123-21 and type to provide reasonable assurance that adequate and
123-22 appropriate fiscal controls exist in community centers.
123-23 (b) The department shall conduct periodic program reviews at
123-24 each community center. The commissioner or the commissioner's
123-25 designee shall prepare, publish, and distribute a formal procedure
123-26 for the periodic program reviews.
123-27 (c) The department shall conduct periodic management audits
124-1 at each community center. The director of the internal audit unit,
124-2 with the approval of the board's audit committee, shall prepare and
124-3 publish a formal risk assessment procedure for the audits. The
124-4 department shall include in a management audit a comprehensive
124-5 review of the center's annual financial and compliance audit
124-6 activities required under Section 534.068.
124-7 (d) After a program review or management audit is conducted,
124-8 the department shall send to the community center a written report
124-9 that identifies in clear language each significant deficiency
124-10 identified and each question raised by the review or audit.
124-11 (e) The board of trustees shall provide to the department a
124-12 written response to the concerns raised by the review or audit
124-13 within the period prescribed by department rule. The response
124-14 must:
124-15 (1) describe any action taken or to be taken to
124-16 correct an identified deficiency;
124-17 (2) provide narrative responses to questions relating
124-18 to policies or procedures raised in the review or audit; and
124-19 (3) give notice of any disagreement the board of
124-20 trustees has with a specific finding of the review or audit.
124-21 (f) Within the period prescribed by department rules, the
124-22 commissioner or the board's audit committee shall review the
124-23 community center's responses and shall notify in writing the
124-24 community center of any inadequacy or deficiency found in the
124-25 response. The community center may provide additional responses to
124-26 the commissioner. The commissioner shall establish a reasonable
124-27 deadline for receiving responses.
125-1 (g) If, by the date prescribed by the commissioner, the
125-2 community center fails to respond to a deficiency identified in a
125-3 review or audit to the satisfaction of the commissioner, the
125-4 department may discontinue the transfer of related department funds
125-5 to the community center until the dispute is resolved. The
125-6 community center is entitled to notice and an opportunity for a
125-7 hearing before the transfer of department funds is discontinued.
125-8 The board by rule shall prescribe the hearings procedure.
125-9 (h) The department may withhold funds during the pendency of
125-10 an appeal to a court if the department hearing upholds the
125-11 discontinuation of the funds. The department shall transfer the
125-12 withheld funds to the community center if the final determination
125-13 is favorable to the community center.
125-14 (i) The department shall incorporate the community center's
125-15 responses into the official management audit report in accordance
125-16 with the Government Auditing Standards published by the United
125-17 States General Accounting Office. The department shall publish the
125-18 final report within the period prescribed by department rules, but
125-19 not later than the 60th day after the date on which the audit staff
125-20 conducts the official exit conference with the community center.
125-21 If the department disagrees with the community center's responses
125-22 as provided by Subsection (f), the department shall publish the
125-23 official report within the period prescribed by department rules.
125-24 SECTION 6.29. Section 534.052, Health and Safety Code, is
125-25 amended to conform to Section 9, Chapter 569, Acts of the 72nd
125-26 Legislature, Regular Session, 1991, to read as follows:
125-27 Sec. 534.052. Rules and Standards. (a) The board shall
126-1 adopt rules, including standards, the board considers necessary and
126-2 appropriate to ensure the adequate provision of community-based
126-3 mental health and mental retardation services through a local
126-4 mental health or mental retardation authority <by department
126-5 facility outreach programs or by community centers and other
126-6 providers receiving contract funds as designated providers> under
126-7 this subchapter.
126-8 (b) The department shall send a copy of the rules to each
126-9 local mental health or mental retardation authority or other
126-10 provider receiving contract funds as a local mental health or
126-11 mental retardation authority or <department facility outreach
126-12 program and to each> designated provider.
126-13 SECTION 6.30. Subchapter B, Chapter 534, Health and Safety
126-14 Code, is amended to conform to Section 10, Chapter 569, Acts of the
126-15 72nd Legislature, Regular Session, 1991, by adding Section 534.0535
126-16 to read as follows:
126-17 Sec. 534.0535. JOINT DISCHARGE PLANNING. (a) The board
126-18 shall adopt, and the department shall enforce, rules that require
126-19 continuity of services and planning for patient or client care
126-20 between department facilities and local mental health or mental
126-21 retardation authorities.
126-22 (b) At a minimum, the rules must require joint discharge
126-23 planning between a department facility and a local mental health or
126-24 mental retardation authority before a facility discharges a patient
126-25 or client or places the patient or client on an extended furlough
126-26 with an intent to discharge.
126-27 (c) The local mental health or mental retardation authority
127-1 shall plan with the department facility and determine the
127-2 appropriate community services for the patient or client.
127-3 (d) The local mental health or mental retardation authority
127-4 shall arrange for the provision of the services if department funds
127-5 are to be used and may subcontract with or make a referral to a
127-6 local agency or entity.
127-7 SECTION 6.31. Section 534.054, Health and Safety Code, is
127-8 amended to conform to Section 10, Chapter 569, Acts of the 72nd
127-9 Legislature, Regular Session, 1991, to read as follows:
127-10 Sec. 534.054. Designation of Provider <Designated
127-11 Providers>. (a) The department shall identify and contract with a
127-12 local mental health or mental retardation authority <one or more
127-13 designated providers> for each service area to provide services to
127-14 patient and client populations determined by the department. A
127-15 local mental health or mental retardation authority <designated
127-16 provider> shall provide, directly or by subcontract, services to
127-17 address the needs of priority populations as required by the
127-18 department and shall comply with the rules and standards adopted
127-19 under Section 534.052.
127-20 (b) In identifying a local mental health or mental
127-21 retardation authority <designated provider>, the department shall
127-22 give preference to a community center located in that service area.
127-23 (c) The department may contract with a local agency or a
127-24 private provider or organization to act as a designated provider of
127-25 <for> a service <area> if the department:
127-26 (1) cannot negotiate a contract with a local mental
127-27 health or mental retardation authority <community center> to ensure
128-1 that a specific required service <services> for priority
128-2 populations is <are> available in that service area; or
128-3 (2) determines that a local mental health or mental
128-4 retardation authority <center> does not have the capacity to ensure
128-5 the availability of that service <the services>.
128-6 (d) The department shall provide the required services in a
128-7 service area directly through a department facility outreach
128-8 program or contract with another agency, provider, or organization
128-9 as the local mental health or mental retardation authority if the
128-10 department cannot identify and contract with a community center
128-11 <designated provider> in that service area.
128-12 SECTION 6.32. Section 534.055(c), Health and Safety Code, is
128-13 amended to correct a reference and to conform to Section 11,
128-14 Chapter 569, Acts of the 72nd Legislature, Regular Session, 1991,
128-15 to read as follows:
128-16 (c) A model contract must:
128-17 (1) require that the services provided by the private
128-18 provider be based on the patient's or client's individual treatment
128-19 plan;
128-20 (2) provide that a community-based residential
128-21 facility that is a family home as defined in Chapter 123, Human
128-22 Resources Code <the Community Homes for Disabled Persons Location
128-23 Act (Article 1011n, Vernon's Texas Civil Statutes)> may house only
128-24 a person with a disability as defined in Section 123.002, Human
128-25 Resources Code <disabled persons as defined in Section 2 of that
128-26 Act>; <and>
128-27 (3) prohibit the use of the facility for purposes such
129-1 as restitution centers, homes for substance abusers, or halfway
129-2 houses; and
129-3 (4) outline a dispute resolution procedure.
129-4 SECTION 6.33. Section 534.056, Health and Safety Code, is
129-5 amended to conform to Section 10, Chapter 569, Acts of the 72nd
129-6 Legislature, Regular Session, 1991, to read as follows:
129-7 Sec. 534.056. COORDINATION OF ACTIVITIES. A local mental
129-8 health or mental retardation authority <designated provider> shall
129-9 coordinate its activities with the activities of other appropriate
129-10 agencies that provide care and treatment for persons with drug or
129-11 alcohol problems.
129-12 SECTION 6.34. Sections 534.058(a) and (c), Health and Safety
129-13 Code, are amended to conform to Section 10, Chapter 569, Acts of
129-14 the 72nd Legislature, Regular Session, 1991, to read as follows:
129-15 (a) The department shall develop standards of care for the
129-16 services provided by a local mental health or mental retardation
129-17 authority <department facility outreach program or by a designated
129-18 provider> and its subcontractors under this subchapter.
129-19 (c) In conjunction with local mental health or mental
129-20 retardation authorities <designated providers>, the department
129-21 shall review the standards biennially to determine if each standard
129-22 is necessary to ensure the quality of care.
129-23 SECTION 6.35. Section 534.059, Health and Safety Code, is
129-24 amended to conform to Section 10, Chapter 569, Acts of the 72nd
129-25 Legislature, Regular Session, 1991, to read as follows:
129-26 Sec. 534.059. PERFORMANCE STANDARDS. The department shall
129-27 specify performance standards, including measures of results, to
130-1 use in evaluating the compliance of a local mental health or mental
130-2 retardation authority <department facility outreach program or
130-3 designated provider> with its obligation or contract to provide
130-4 specific services to priority populations.
130-5 SECTION 6.36. Section 534.060, Health and Safety Code, is
130-6 amended to conform to Sections 9 and 10, Chapter 569, Acts of the
130-7 72nd Legislature, Regular Session, 1991, to read as follows:
130-8 Sec. 534.060. PROGRAM AND SERVICE MONITORING AND REVIEW.
130-9 (a) The department shall develop mechanisms for monitoring the
130-10 services provided by a local mental health or mental retardation
130-11 authority and the authority's <department facility outreach program
130-12 or by a designated provider and the provider's> subcontractors.
130-13 (b) The department shall review the program quality and
130-14 program performance results of each local mental health or mental
130-15 retardation authority <department facility outreach program or
130-16 designated provider> at least once each fiscal year. The
130-17 department may determine the scope of each review.
130-18 (c) Each <designated provider> contract between a local
130-19 mental health or mental retardation authority and the department
130-20 must authorize the department to have unrestricted access to all
130-21 facilities, records, data, and other information under the control
130-22 of the local mental health or mental retardation authority, the
130-23 authority's subcontractors, or the designated provider <provider or
130-24 the provider's subcontractors> as necessary to enable the
130-25 department to audit, monitor, and review the financial and program
130-26 activities and services associated with department funds <the
130-27 contract>.
131-1 SECTION 6.37. Section 534.063, Health and Safety Code, is
131-2 amended to conform to Section 10, Chapter 569, Acts of the 72nd
131-3 Legislature, Regular Session, 1991, to read as follows:
131-4 Sec. 534.063. PEER REVIEW ORGANIZATION. The department
131-5 shall assist a local mental health or mental retardation authority
131-6 <designated provider> in developing a peer review organization to
131-7 provide self-assessment of programs and to supplement department
131-8 reviews under Section 534.060.
131-9 SECTION 6.38. Subchapter B, Chapter 534, Health and Safety
131-10 Code, is amended to conform to Section 10, Chapter 569, Acts of the
131-11 72nd Legislature, Regular Session, 1991, by amending Sections
131-12 534.064, 534.066, and 534.067 and adding Section 534.0675 to read
131-13 as follows:
131-14 Sec. 534.064. CONTRACT RENEWAL. The commissioner may
131-15 <shall> refuse to renew a contract with a local mental health or
131-16 mental retardation authority <designated provider> and may <shall>
131-17 select other agencies, providers, or organizations to be the local
131-18 mental health or mental retardation authority <a new designated
131-19 provider> if the department's evaluation of the authority's
131-20 <provider's> performance indicates that the authority <provider>
131-21 cannot ensure the availability of the specific services to priority
131-22 populations required by the department and this subtitle.
131-23 Sec. 534.066. Local Match Requirement. (a) The department
131-24 shall <may> include in a contract with a local mental health or
131-25 mental retardation authority <designated provider> a requirement
131-26 that some or all of the state funds the authority <provider>
131-27 receives be matched by local support in an amount or proportion
132-1 jointly agreed to by the department and the authority's board of
132-2 trustees and based on the authority's financial capability and its
132-3 overall commitment to other mental health or mental retardation
132-4 programs, as appropriate <determined by the department>.
132-5 (b) The department shall establish, for department facility
132-6 outreach programs that provide community-based services required
132-7 under this subchapter, a local match requirement that is consistent
132-8 with the requirements applied to other local mental health or
132-9 mental retardation authorities <designated providers>.
132-10 (c) <A requirement of a local match under this section must
132-11 apply uniformly to each provider or contractor in a service area.>
132-12 <(d)> Patient fee income, third-party insurance income,
132-13 services and facilities contributed by the local mental health or
132-14 mental retardation authority <provider>, contributions by a county
132-15 or municipality, and other locally generated contributions,
132-16 including local tax funds, may be counted <as local support> when
132-17 calculating the local support for a local mental health or mental
132-18 retardation authority <share of the operating costs of a department
132-19 facility outreach program or a designated provider>. The
132-20 department may disallow or reduce the value of services claimed as
132-21 support.
132-22 Sec. 534.067. Fee Collection Policy. The department shall
132-23 establish a uniform fee collection policy for all local mental
132-24 health or mental retardation authorities <community centers and
132-25 other designated providers> that is equitable, provides for
132-26 collections, and maximizes contributions to local revenue.
132-27 Sec. 534.0675. NOTICE OF DENIAL, REDUCTION, OR TERMINATION
133-1 OF SERVICES. The board by rule, in cooperation with local mental
133-2 health and mental retardation authorities, consumers, consumer
133-3 advocates, and service providers, shall establish a uniform
133-4 procedure that each local mental health or mental retardation
133-5 authority shall use to notify consumers in writing of the denial,
133-6 involuntary reduction, or termination of services and of the right
133-7 to appeal those decisions.
133-8 SECTION 6.39. Section 534.068, Health and Safety Code, is
133-9 amended to conform to Section 12, Chapter 569, and Section 24,
133-10 Chapter 599, Acts of the 72nd Legislature, Regular Session, 1991,
133-11 to read as follows:
133-12 Sec. 534.068. Audits. (a) As a condition to receiving
133-13 <contract> funds under this subtitle, a local mental health and
133-14 mental retardation authority <the board of trustees of a community
133-15 center or the administrative authority of a designated provider>
133-16 other than a state facility designated as an authority <center>
133-17 must annually submit to the department a financial and compliance
133-18 audit prepared <have the center's or provider's accounts audited>
133-19 by a certified public accountant or public accountant licensed by
133-20 the Texas State Board of Public Accountancy. To ensure the highest
133-21 degree of independence and quality, the local mental health or
133-22 mental retardation authority shall use an invitation-for-proposal
133-23 process as prescribed by the department to select the auditor.
133-24 (b) The audit must meet the minimum requirements as shall
133-25 be, and be in the form and in the number of copies as may be,
133-26 prescribed by the department, subject to review and comment <and
133-27 approved> by the state auditor.
134-1 (c) The local mental health or mental retardation authority
134-2 <community center or other designated provider> shall file the
134-3 required number of copies <a copy> of the audit report with the
134-4 department by the date prescribed by the department. From the
134-5 copies filed with the department, <The center or provider shall
134-6 also submit> copies of the report shall be submitted to the
134-7 governor and<,> Legislative Budget Board<, and Legislative Audit
134-8 Committee>.
134-9 (d) The local mental health or mental retardation authority
134-10 <board of trustees or administrative authority> shall either
134-11 approve or refuse to approve the audit report. If the <board or>
134-12 authority refuses to approve the report, the <board or> authority
134-13 shall include with the department's copies <copy> a statement
134-14 detailing the reasons for refusal.
134-15 (e) The commissioner and state auditor have access to all
134-16 vouchers, receipts, journals, or other records the commissioner or
134-17 auditor considers necessary to review and analyze the audit report.
134-18 (f) The department shall annually submit to the governor,
134-19 Legislative Budget Board, and Legislative Audit Committee a summary
134-20 of the significant findings identified during the department's
134-21 reviews of fiscal audit activities.
134-22 SECTION 6.40. Section 534.051, Health and Safety Code, is
134-23 repealed to conform to Section 13, Chapter 569, Acts of the 72nd
134-24 Legislature, Regular Session, 1991.
134-25 SECTION 6.41. (a) Subchapter B, Chapter 535, Health and
134-26 Safety Code, is repealed to conform to the repeal of the law from
134-27 which it was derived by Section 1, Article 3, Chapter 637, Acts of
135-1 the 72nd Legislature, Regular Session, 1991.
135-2 (b) The subchapter heading to Subchapter A, Chapter 535,
135-3 Health and Safety Code, is repealed to conform to Section 1,
135-4 Article 3, Chapter 637, Acts of the 72nd Legislature, Regular
135-5 Session, 1991.
135-6 SECTION 6.42. Section 571.014, Health and Safety Code, is
135-7 amended to conform to Section 1, Chapter 567, Acts of the 72nd
135-8 Legislature, Regular Session, 1991, by amending Subsection (c) and
135-9 adding Subsection (d) to read as follows:
135-10 (c) A person may initially file a paper with the county
135-11 clerk by the use of reproduced, photocopied, or electronically
135-12 transmitted paper if the person files the original signed copies of
135-13 the paper with the clerk not later than the 72nd hour after the
135-14 hour on which the initial filing is made. If the 72-hour period
135-15 ends on a Saturday, Sunday, or legal holiday, the filing period is
135-16 extended until 4 p.m. on the first succeeding business day. If
135-17 extremely hazardous weather conditions exist or a disaster occurs,
135-18 the presiding judge or magistrate may by written order made each
135-19 day extend the filing period until 4 p.m. on the first succeeding
135-20 business day. The written order must declare that an emergency
135-21 exists because of the weather or the occurrence of a disaster. If
135-22 a person detained under this subtitle would otherwise be released
135-23 because the original signed copy of a paper is not filed within the
135-24 72-hour period but for the extension of the filing period under
135-25 this section, the person may be detained until the expiration of
135-26 the extended filing period. This subsection does not affect
135-27 another provision of this subtitle requiring the release or
136-1 discharge of a person <third working day after the date on which
136-2 the initial filing is made>.
136-3 (d) If the clerk does not receive the original signed copy
136-4 of a paper within the period prescribed by this section, the judge
136-5 may dismiss the proceeding on the court's own motion or on the
136-6 motion of a party and, if the proceeding is dismissed, shall order
136-7 the immediate release of a proposed patient who is not at liberty.
136-8 SECTION 6.43. Chapter 571, Health and Safety Code, is
136-9 amended to conform to Section 5, Chapter 567, Acts of the 72nd
136-10 Legislature, Regular Session, 1991, by adding Section 571.0165 to
136-11 read as follows:
136-12 Sec. 571.0165. EXTENSION OF DETENTION PERIOD. (a) If
136-13 extremely hazardous weather conditions exist or a disaster occurs,
136-14 the judge of a court having jurisdiction of a proceeding under
136-15 Chapters 572, 573, 574, and 575 or a magistrate appointed by the
136-16 judge may by written order made each day extend the period during
136-17 which the person may be detained under those chapters until 4 p.m.
136-18 on the first succeeding business day.
136-19 (b) The written order must declare that an emergency exists
136-20 because of the weather or the occurrence of a disaster.
136-21 (c) This section does not apply to a situation for which a
136-22 specific procedure is prescribed by this subtitle for extending the
136-23 detention period because of extremely hazardous weather conditions
136-24 or the occurrence of a disaster.
136-25 SECTION 6.44. Section 571.018(g), Health and Safety Code, is
136-26 amended to conform to Section 2, Chapter 567, Acts of the 72nd
136-27 Legislature, Regular Session, 1991, to read as follows:
137-1 (g) The state or a county may not pay any costs for a
137-2 patient committed to a private mental hospital unless:
137-3 (1) a public facility is not available; and
137-4 (2) the commissioners court of the county authorizes
137-5 the payment, if appropriate.
137-6 SECTION 6.45. Section 571.020(a), Health and Safety Code, is
137-7 amended to conform to Section 3, Chapter 567, Acts of the 72nd
137-8 Legislature, Regular Session, 1991, to read as follows:
137-9 (a) A person commits an offense if the person intentionally
137-10 causes, conspires with another to cause, or assists another to
137-11 cause the unwarranted commitment of a person to a mental health
137-12 facility. An offense under this subsection is a misdemeanor
137-13 punishable by a fine of not more than $5,000, confinement in the
137-14 county jail for not more than one year <two years>, or both.
137-15 SECTION 6.46. Section 572.004, Health and Safety Code, is
137-16 amended to conform to Section 4, Chapter 567, Acts of the 72nd
137-17 Legislature, Regular Session, 1991, by amending Subsection (a) and
137-18 adding Subsection (e) to read as follows:
137-19 (a) Except as provided by Subsections <Subsection> (b) and
137-20 (e), a voluntary patient is entitled to leave an inpatient mental
137-21 health facility within 96 hours after the time a written request
137-22 for release is filed with the facility administrator or the
137-23 administrator's designee. The request must be signed by the
137-24 patient or a person responsible for the patient's admission.
137-25 (e) If extremely hazardous weather conditions exist or a
137-26 disaster occurs, the facility administrator may request the judge
137-27 of a court that has jurisdiction over proceedings brought under
138-1 Chapter 574 to extend the period during which the patient may be
138-2 detained. The judge or a magistrate appointed by the judge may by
138-3 written order made each day extend the period during which the
138-4 patient may be detained until 4 p.m. on the first succeeding
138-5 business day. The written order must declare that an emergency
138-6 exists because of the weather or the occurrence of a disaster.
138-7 SECTION 6.47. Subchapter A, Chapter 574, Health and Safety
138-8 Code, is amended to conform to Section 1, Chapter 619, Acts of the
138-9 72nd Legislature, Regular Session, 1991, by adding Section 574.0085
138-10 to read as follows:
138-11 Sec. 574.0085. MASTERS. (a) The county judge may appoint a
138-12 full-time or a part-time master to preside over the proceedings for
138-13 court-ordered mental health services if the commissioners court of
138-14 a county in which the court has jurisdiction authorizes the
138-15 employment of a master.
138-16 (b) To be eligible for appointment as a master, a person
138-17 must be a resident of this state and have been licensed to practice
138-18 law in this state for at least four years.
138-19 (c) A master shall be paid as determined by the
138-20 commissioners court of the county in which the master serves. If a
138-21 master serves in more than one county, the master shall be paid as
138-22 determined by agreement of the commissioners courts of the counties
138-23 in which the master serves. The master may be paid from county
138-24 funds available for payment of officers' salaries.
138-25 (d) A master who serves a single court serves at the will of
138-26 the judge of that court. The services of a master who serves more
138-27 than two courts may be terminated by a majority vote of all the
139-1 judges of the courts the master serves. The services of a master
139-2 who serves two courts may be terminated by either of the judges of
139-3 the courts the master serves.
139-4 (e) To refer cases to a master, the referring court must
139-5 issue an order of referral. The order of referral may limit the
139-6 power or duties of a master.
139-7 (f) Except as limited by an order of referral, masters
139-8 appointed under this section have all the powers and duties set
139-9 forth in Section 54.007, Government Code.
139-10 (g) A bailiff may attend a hearing held by a master if
139-11 directed by the referring court.
139-12 (h) A witness appearing before a master is subject to the
139-13 penalties for perjury provided by law. A referring court may issue
139-14 attachment against and may fine or imprison a witness whose failure
139-15 to appear before a master after being summoned or whose refusal to
139-16 answer questions has been certified to the court.
139-17 (i) At the conclusion of any hearing conducted by a master
139-18 and on the preparation of a master's report, the master shall
139-19 transmit to the referring court all papers relating to the case,
139-20 with the master's signed and dated report. After the master's
139-21 report has been signed, the master shall give to the parties
139-22 participating in the hearing notice of the substance of the report.
139-23 The master's report may contain the master's findings, conclusions,
139-24 or recommendations. The master's report must be in writing in a
139-25 form as the referring court may direct. The form may be a notation
139-26 on the referring court's docket sheet. After the master's report
139-27 is filed, the referring court may adopt, approve, or reject the
140-1 master's report, hear further evidence, or recommit the matter for
140-2 further proceedings as the referring court considers proper and
140-3 necessary in the particular circumstances of the case.
140-4 (j) If a jury trial is demanded or required, the master
140-5 shall refer the entire matter back to the referring court for
140-6 trial.
140-7 (k) A master appointed under this section has the judicial
140-8 immunity of a county judge.
140-9 (l) A master appointed in accordance with this section shall
140-10 comply with the Code of Judicial Conduct in the same manner as the
140-11 county judge.
140-12 SECTION 6.48. Section 574.009(d), Health and Safety Code, is
140-13 amended to conform to Section 6, Chapter 567, Acts of the 72nd
140-14 Legislature, Regular Session, 1991, to read as follows:
140-15 (d) If the certificates required under this section are not
140-16 on file at the time set for the hearing on the application, the
140-17 judge shall dismiss the application and order the immediate release
140-18 of the proposed patient if that person is not at liberty. If
140-19 extremely hazardous weather conditions exist or a disaster occurs,
140-20 the presiding judge or magistrate may by written order made each
140-21 day extend the period during which the two certificates of medical
140-22 examination for mental illness may be filed, and the person may be
140-23 detained until 4 p.m. on the first succeeding business day. The
140-24 written order must declare that an emergency exists because of the
140-25 weather or the occurrence of a disaster.
140-26 SECTION 6.49. Section 574.034(d), Health and Safety Code, is
140-27 amended to conform to Section 7, Chapter 567, Acts of the 72nd
141-1 Legislature, Regular Session, 1991, and to conform more closely to
141-2 the source law from which it was derived to read as follows:
141-3 (d) The proposed patient and <or> the proposed patient's
141-4 attorney, by a written document filed with the court, may waive the
141-5 right to cross-examine witnesses, and, if that right is waived, the
141-6 court may admit, as evidence, the certificates of medical
141-7 examination for mental illness. The certificates admitted under
141-8 this subsection constitute competent medical or psychiatric
141-9 testimony, and the court may make its findings solely from the
141-10 certificates. If the proposed patient and the proposed patient's
141-11 attorney do not waive in writing the right to cross-examine
141-12 witnesses, the court shall proceed to hear testimony. The
141-13 testimony must include competent medical or psychiatric testimony.
141-14 In addition, the court may consider the testimony of a nonphysician
141-15 mental health professional as provided by Section 574.031(f).
141-16 SECTION 6.50. Section 574.044, Health and Safety Code, is
141-17 amended to correct a reference to read as follows:
141-18 Sec. 574.044. COMMITMENT TO FACILITY OF THE INSTITUTIONAL
141-19 DIVISION OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE. The court
141-20 shall commit an inmate patient to an inpatient mental health
141-21 facility of the institutional division of the Texas Department of
141-22 Criminal Justice if the court enters an order requiring temporary
141-23 mental health services for the inmate patient under an application
141-24 filed by a psychiatrist for the institutional division under
141-25 Section 501.057 <500.057>, Government Code.
141-26 SECTION 6.51. Section 576.008, Health and Safety Code, is
141-27 amended to conform more closely to the source law from which it was
142-1 derived to read as follows:
142-2 Sec. 576.008. NOTIFICATION OF PROTECTION AND ADVOCACY
142-3 SYSTEM. A patient shall be informed in writing, at the time of
142-4 admission and <or> discharge, of the existence, purpose, telephone
142-5 number, and address of the protection and advocacy system
142-6 established in this state under the federal Protection and Advocacy
142-7 for Mentally Ill Individuals Act of 1986 (42 U.S.C. Sec. 10801, et
142-8 seq.).
142-9 SECTION 6.52. Sections 614.001(4)-(8), Health and Safety
142-10 Code, are amended to conform to Section 1, Chapter 566, Acts of the
142-11 72nd Legislature, Regular Session, 1991, to read as follows:
142-12 (4) "Developmental disability" means a <condition of>
142-13 severe, chronic disability that:
142-14 (A) is attributable to a mental or physical
142-15 impairment or a combination of physical and mental impairments;
142-16 (B) is manifested before the person reaches 22
142-17 years of age;
142-18 (C) is likely to continue indefinitely;
142-19 (D) results in substantial functional
142-20 limitations in three or more of the following areas of major life
142-21 activity:
142-22 (i) self-care;
142-23 (ii) self-direction;
142-24 (iii) learning;
142-25 (iv) receptive and expressive language;
142-26 (v) mobility;
142-27 (vi) capacity for independent living; or
143-1 (vii) economic self-sufficiency; and
143-2 (E) reflects the person's need for a combination
143-3 and sequence of special, interdisciplinary, or generic care,
143-4 treatment, or other services of extended or lifelong duration that
143-5 are individually planned and coordinated.
143-6 (5) "Mental illness" has the meaning assigned by
143-7 Section 571.003 <means an illness, disease, or condition that:>
143-8 <(A) substantially impairs a person's thought,
143-9 perception of reality, emotional process, or judgment; or>
143-10 <(B) grossly impairs a person's behavior, as
143-11 shown by recent disturbed behavior>.
143-12 (6) "Mental retardation" has the meaning assigned by
143-13 Section 591.003 <means significantly subaverage intellectual
143-14 functioning that originated during the developmental period and
143-15 exists concurrently with deficits in adaptive behavior>.
143-16 (7) "Offender with a mental impairment" means a
143-17 juvenile or adult <person> with mental illness, mental retardation,
143-18 or a developmental disability who is arrested or charged with a
143-19 criminal offense.
143-20 (8) "Person with mental retardation" means a juvenile
143-21 or adult <person> with mental retardation that is not a mental
143-22 disorder who, because of the mental deficit, requires special
143-23 training, education, supervision, treatment, care, or control in
143-24 the person's home or community or in a private or state school for
143-25 persons with mental retardation.
143-26 SECTION 6.53. (a) Sections 614.002, 614.005, 614.007, and
143-27 614.008, Health and Safety Code, are amended to conform to Section
144-1 1, Chapter 566, Acts of the 72nd Legislature, Regular Session,
144-2 1991, and Section 1.03, Chapter 10, Acts of the 72nd Legislature,
144-3 2nd Called Session, 1991, to read as follows:
144-4 Sec. 614.002. COMPOSITION OF COUNCIL. (a) The Texas
144-5 Council on Offenders with Mental Impairments is composed of 29 <28>
144-6 members.
144-7 (b) The governor shall appoint, with the advice and consent
144-8 of the senate: <nine at-large members to serve on the council.>
144-9 (1) four at-large members who have expertise in mental
144-10 health, mental retardation, or developmental disabilities, one of
144-11 whom must be a psychiatrist;
144-12 (2) one at-large member who is the judge of a court
144-13 with criminal jurisdiction;
144-14 (3) one at-large member who is a prosecuting attorney;
144-15 (4) one at-large member who is a criminal defense
144-16 attorney;
144-17 (5) one at-large member from an established pretrial
144-18 services agency; and
144-19 (6) one at-large member who has expertise in the
144-20 criminal justice system.
144-21 (c) The executive head of each of the following agencies,
144-22 divisions of agencies, or associations, or that person's designated
144-23 representative, shall serve as a member of the council:
144-24 (1) the institutional division of the Texas Department
144-25 of Criminal Justice;
144-26 (2) the Texas Department of Mental Health and Mental
144-27 Retardation;
145-1 (3) the pardons and paroles division of the Texas
145-2 Department of Criminal Justice;
145-3 (4) the community justice assistance division of the
145-4 Texas Department of Criminal Justice;
145-5 (5) the Texas Juvenile Probation Commission;
145-6 (6) the Texas Youth Commission;
145-7 (7) the Texas Rehabilitation Commission;
145-8 (8) the Central Education Agency;
145-9 (9) the Criminal Justice Policy Council;
145-10 (10) the Mental Health Association in Texas;
145-11 (11) the Texas Commission on Alcohol and Drug Abuse;
145-12 (12) the Commission on Law Enforcement Officer
145-13 Standards and Education;
145-14 (13) the Texas Council of Community Mental Health and
145-15 Mental Retardation Centers;
145-16 (14) the Commission on Jail Standards;
145-17 (15) the Texas Planning Council for Developmental
145-18 Disabilities;
145-19 (16) the Texas Association for Retarded Citizens;
145-20 (17) the Texas Alliance for the Mentally Ill;
145-21 (18) the Parent Association for the Retarded of Texas,
145-22 Inc.; <and>
145-23 (19) the Texas Department of Human Services; and
145-24 (20) the Texas Department on Aging.
145-25 (d) In making the appointments under Subsection (b), the
145-26 governor shall attempt to reflect the geographic and economic
145-27 diversity of the state.
146-1 (e) It is a ground for removal if an at-large member:
146-2 (1) is not eligible for appointment at the time of
146-3 appointment as provided by Subsections (b) and (g);
146-4 (2) is absent from more than half of the regularly
146-5 scheduled council meetings that the member is eligible to attend
146-6 during each calendar year; or
146-7 (3) is absent from more than two consecutive regularly
146-8 scheduled council meetings that the member is eligible to attend.
146-9 (f) A representative designated by the executive head of a
146-10 state agency must be an officer or employee of the agency when
146-11 designated and while serving on the council, except the
146-12 representative designated by the director of the Criminal Justice
146-13 Policy Council must be an employee of that council.
146-14 (g) Members who are not associated with a state agency or
146-15 division <(e) At-large members of the council and members
146-16 representing associations> must have expertise in the
146-17 rehabilitation of persons with mental illness, mental retardation,
146-18 or a developmental disability when appointed or designated and
146-19 while serving on the council.
146-20 Sec. 614.005. OFFICERS; MEETINGS. (a) The council shall
146-21 elect a presiding officer <chairman> from its members at the first
146-22 meeting of each calendar year.
146-23 (b) The council shall meet at least four times each year and
146-24 may meet at other times at the call of the presiding officer
146-25 <chairman> or as provided by council rule.
146-26 Sec. 614.007. POWERS AND DUTIES. The council shall:
146-27 (1) determine the status of offenders with mental
147-1 impairments in the state criminal justice system;
147-2 (2) identify needed services for offenders with mental
147-3 impairments;
147-4 (3) develop a plan for meeting the treatment,
147-5 rehabilitative, and educational needs of offenders with mental
147-6 impairments that includes a case management system and the
147-7 development of community-based alternatives to incarceration;
147-8 (4) cooperate in coordinating procedures of
147-9 represented agencies for the orderly provision of services for
147-10 offenders with mental impairments;
147-11 (5) evaluate programs in this state and outside this
147-12 state for offenders with mental impairments and recommend to the
147-13 directors of state programs methods of improving the programs;
147-14 (6) collect and disseminate information about
147-15 available programs to judicial officers, law enforcement officers,
147-16 probation and parole officers, providers of social services or
147-17 treatment, and the public;
147-18 (7) provide technical assistance to represented
147-19 agencies and organizations in the development of appropriate
147-20 training programs;
147-21 (8) apply for and receive money made available by the
147-22 federal or state government or by any other public or private
147-23 source to be used by the council to perform its duties;
147-24 (9) distribute to political subdivisions, private
147-25 organizations, or other persons money appropriated by the
147-26 legislature to be used for the development, operation, or
147-27 evaluation of programs for offenders with mental impairments;
148-1 (10) develop and implement pilot projects to
148-2 demonstrate a cooperative program to identify, evaluate, and manage
148-3 outside of incarceration offenders with mental impairments who do
148-4 not have an instant offense that is an offense described in Section
148-5 3g, Article 42.12, Code of Criminal Procedure; and
148-6 (11) assess the need for demonstration projects and
148-7 provide management for approved projects.
148-8 Sec. 614.008. PILOT PROGRAM. (a) The council shall
148-9 establish a pilot program in a county selected by the council to
148-10 implement a cooperative community-based alternative system to
148-11 divert <nonviolent mentally or emotionally impaired offenders> from
148-12 the state criminal justice system offenders with mental impairments
148-13 who do not have an instant offense that is an offense described in
148-14 Section 3g, Article 42.12, Code of Criminal Procedure, and to
148-15 rehabilitate those offenders.
148-16 (b) The program must conform to the report and
148-17 recommendations made by the Texas Department of Mental Health and
148-18 Mental Retardation and the Texas Department of Corrections to the
148-19 70th Legislature as directed by S.C.R. No. 128, 69th Legislature,
148-20 Regular Session, 1985.
148-21 (c) The council may contract for or employ and train a case
148-22 management team to carry out the purposes of the program and to
148-23 coordinate the joint efforts of agencies represented on the
148-24 council.
148-25 (d) The agencies represented on the council shall perform
148-26 duties and offer services as required by the council to further the
148-27 purposes of the pilot program and the council.
149-1 (b) Section 614.010, Health and Safety Code, is repealed.
149-2 SECTION 6.54. The following provisions of the Acts of the
149-3 72nd Legislature, Regular Session, 1991, are repealed:
149-4 (1) Chapter 248;
149-5 (2) Chapter 379;
149-6 (3) Chapter 566;
149-7 (4) Sections 1-7, Chapter 567;
149-8 (5) Chapter 569;
149-9 (6) Chapter 596;
149-10 (7) Section 24, Chapter 599;
149-11 (8) Chapter 619; and
149-12 (9) Section 6, Chapter 627.
149-13 ARTICLE 7. CHANGES RELATING TO HUMAN RESOURCES CODE
149-14 SECTION 7.01. (a) Title 9, Human Resources Code, is amended
149-15 to codify Section 5.04, Chapter 15, Acts of the 72nd Legislature,
149-16 1st Called Session, 1991 (Article 4413(701), Revised Statutes), by
149-17 adding Chapter 131 to read as follows:
149-18 CHAPTER 131. HEALTH AND HUMAN SERVICES TRANSPORTATION
149-19 AND PLANNING OFFICE
149-20 Sec. 131.001. OFFICE. The Health and Human Services
149-21 Transportation and Planning Office is in the governor's office.
149-22 Sec. 131.002. POWERS AND DUTIES. The office shall:
149-23 (1) collect data on health and human services client
149-24 transportation needs, services, and expenditures;
149-25 (2) create a statewide coordination plan regarding a
149-26 system of transportation for clients of health and human services
149-27 agencies, including the designation of local transportation
150-1 coordinators;
150-2 (3) establish standards of reporting and accounting
150-3 methods for all agencies providing health and human services client
150-4 transportation;
150-5 (4) maximize federal funds for client transportation
150-6 through the use of available state funds for matching purposes and
150-7 the possible use of oil overcharge money and planning funds
150-8 available through the federal department of transportation;
150-9 (5) evaluate the effectiveness of pooling client
150-10 transportation resources for capital acquisition and the joint
150-11 purchase of liability insurance;
150-12 (6) assist state agencies in coordinating
150-13 transportation resources;
150-14 (7) ensure coordination between the office and the
150-15 Texas Department of Transportation with regard to the use of funds
150-16 received by the department under 49 U.S.C. Section 1612(b)(1);
150-17 (8) examine the feasibility of consolidating all
150-18 funding for health and human services client transportation and
150-19 creating a transportation system through which clients of a state
150-20 or local agency or program could be matched with the most
150-21 cost-effective and appropriate transportation services for their
150-22 needs; and
150-23 (9) evaluate the use of existing computer software for
150-24 use at the local level in client transportation services.
150-25 Sec. 131.003. OFFICE STAFF. The governor shall employ staff
150-26 needed to carry out the duties of the office.
150-27 (b) Article 4413(701), Revised Statutes, is repealed.
151-1 ARTICLE 8. CHANGES RELATING TO LOCAL GOVERNMENT CODE
151-2 SECTION 8.01. (a) Subtitle B, Title 7, Local Government
151-3 Code, is amended to codify Section 1, Chapter 881, Acts of the 72nd
151-4 Legislature, Regular Session, 1991 (Article 2372dd-2, Revised
151-5 Statutes), by adding Chapter 238 to read as follows:
151-6 CHAPTER 238. COUNTY REGULATION OF CERTAIN OUTDOOR BUSINESSES
151-7 Sec. 238.001. DEFINITIONS. In this chapter:
151-8 (1) "Automotive wrecking and salvage yard" means a
151-9 business that stores three or more wrecked vehicles outdoors for
151-10 the purpose of dismantling or otherwise wrecking the vehicles to
151-11 remove parts for sale or for use in an automotive repair or
151-12 rebuilding business.
151-13 (2) "Demolition business" means a business that
151-14 demolishes structures, including houses and other buildings, in
151-15 order to salvage building materials and that stores those materials
151-16 before disposing of them.
151-17 (3) "Flea market" means an outdoor market for selling
151-18 secondhand articles or antiques.
151-19 (4) "Junkyard" means a business that stores, buys, or
151-20 sells materials that have been discarded or sold at a nominal price
151-21 by a previous owner and that keeps all or part of the materials
151-22 outdoors until disposing of them.
151-23 (5) "Outdoor resale business" means a business that
151-24 sells used merchandise, other than automobiles, logging equipment,
151-25 or other agricultural equipment, and stores or displays the
151-26 merchandise outdoors.
151-27 (6) "Recycling business" means a business that is
152-1 primarily engaged in:
152-2 (A) converting ferrous or nonferrous metals or
152-3 other materials into raw material products having prepared grades
152-4 and having an existing or potential economic value;
152-5 (B) using raw material products of that kind in
152-6 the production of new products; or
152-7 (C) obtaining or storing ferrous or nonferrous
152-8 metals or other materials for a purpose described by Paragraph (A)
152-9 or (B).
152-10 Sec. 238.002. AUTHORITY TO REGULATE; ADOPTION OF RULE. (a)
152-11 The commissioners court of a county by order may establish visual
152-12 aesthetic standards for automotive wrecking and salvage yards,
152-13 junkyards, recycling businesses, flea markets, demolition
152-14 businesses, and outdoor resale businesses in the unincorporated
152-15 area of the county.
152-16 (b) The commissioners court may not include in an order
152-17 adopted under this section a screening requirement for an
152-18 automotive wrecking and salvage yard or a junkyard that is less
152-19 restrictive than the screening requirement under Chapter 953, Acts
152-20 of the 70th Legislature, Regular Session, 1987 (Article 2372dd-1,
152-21 Vernon's Texas Civil Statutes).
152-22 (c) An order adopted under this section must provide a
152-23 reasonable period of time not to exceed 12 months for a business
152-24 operating on the effective date of the order to comply with the
152-25 visual aesthetic standards.
152-26 Sec. 238.003. EXCEPTIONS. (a) A commissioners court may
152-27 not regulate under this chapter farm machinery owned or operated by
153-1 the person on whose property the machinery is located and kept on
153-2 that property for purposes other than sale.
153-3 (b) A business subject to a screening requirement under
153-4 Chapter 886, Acts of the 68th Legislature, Regular Session, 1983
153-5 (Article 2372dd, Vernon's Texas Civil Statutes), Chapter 953, Acts
153-6 of the 70th Legislature, Regular Session, 1987 (Article 2372dd-1,
153-7 Vernon's Texas Civil Statutes), or Section 4.08, Chapter 741, Acts
153-8 of the 67th Legislature, Regular Session, 1981 (Article 4477-9a,
153-9 Vernon's Texas Civil Statutes), that was in compliance with that
153-10 screening requirement on August 26, 1991, is exempt from a
153-11 screening requirement adopted under this chapter.
153-12 Sec. 238.004. CIVIL PENALTY. (a) The appropriate attorney
153-13 representing the county in civil cases may file a civil action to
153-14 recover a civil penalty from a business that violates a visual
153-15 aesthetic standard established under this chapter. The penalty
153-16 may not exceed $50 each day for the first 10 days of the violation,
153-17 $100 each day for the next 10 days, $250 each day for the next 10
153-18 days, and $1,000 for each day thereafter. In determining the
153-19 amount of the penalty, the court shall consider the seriousness of
153-20 the violation.
153-21 (b) A penalty recovered under this section shall be
153-22 deposited in the general fund of the county.
153-23 (b) Article 2372dd-2, Revised Statutes, is repealed.
153-24 SECTION 8.02. Section 332.004(c), Local Government Code, as
153-25 added by Chapter 807, Acts of the 72nd Legislature, Regular
153-26 Session, 1991, is renumbered as Section 445.022, Local Government
153-27 Code, to relocate that law to a more appropriate chapter of the
154-1 Local Government Code.
154-2 ARTICLE 9. REPEALER
154-3 SECTION 9.01. Section 9, Chapter 114, Acts of the 69th
154-4 Legislature, Regular Session, 1985 (Article 326k-89, Vernon's Texas
154-5 Civil Statutes), is repealed as duplicative of Section 46.005,
154-6 Government Code, which applies to the Anderson County criminal
154-7 district attorney.
154-8 SECTION 9.02. Chapter 1, page 328, General Laws, Acts of the
154-9 46th Legislature, 1939 (Article 3923a, Vernon's Texas Civil
154-10 Statutes), is repealed as impliedly repealed by subsequent
154-11 amendments to former Article 3923, Revised Statutes, codified as
154-12 Section 51.005, Government Code.
154-13 ARTICLE 10. RENUMBERING
154-14 SECTION 10.01. The following provisions of enacted codes are
154-15 renumbered or relettered and appropriate cross-references are
154-16 changed in order to eliminate duplicate citations or to relocate
154-17 misplaced provisions:
154-18 (1) Subsection (c), Section 11, Article 42.12, Code of
154-19 Criminal Procedure, as added by Section 1, Chapter 285, Acts of the
154-20 72nd Legislature, Regular Session, 1991, is relettered as
154-21 Subsection (d), Section 11, Article 42.12, Code of Criminal
154-22 Procedure.
154-23 (2) Subchapter N, Chapter 51, Education Code, as added
154-24 by Chapter 772, Acts of the 70th Legislature, Regular Session,
154-25 1987, is relettered as Subchapter O, Chapter 51, Education Code.
154-26 (3) Subchapter N, Chapter 51, Education Code, as added
154-27 by Chapter 44, Acts of the 70th Legislature, Regular Session, 1987,
155-1 is relettered as Subchapter P, Chapter 51, Education Code.
155-2 (4) Subchapter O, Chapter 51, Education Code, as added
155-3 by Chapter 1084, Acts of the 71st Legislature, Regular Session,
155-4 1989, is relettered as Subchapter Q, Chapter 51, Education Code.
155-5 (5) Subsection (i), Section 53.009, Government Code,
155-6 as added by Section 5, Chapter 819, Acts of the 72nd Legislature,
155-7 Regular Session, 1991, is relettered as Subsection (j), Section
155-8 53.009, Government Code.
155-9 (6) Subchapter L, Chapter 403, Government Code, as
155-10 added by Section 3.061(a), Chapter 5, Acts of the 72nd Legislature,
155-11 1st Called Session, 1991, is relettered as Subchapter M, Chapter
155-12 403, Government Code.
155-13 (7) Section 825.507, Government Code, as added by
155-14 Section 29, Chapter 13, Acts of the 72nd Legislature, 1st Called
155-15 Session, 1991, is renumbered as Section 825.508, Government Code.
155-16 (8) Subchapter I, Chapter 161, Health and Safety Code,
155-17 as added by Chapter 695, Acts of the 72nd Legislature, Regular
155-18 Session, 1991, is relettered as Subchapter J, Chapter 161, Health
155-19 and Safety Code.
155-20 (9) Section 91.110, Natural Resources Code, as added
155-21 by Section 13, Chapter 603, Acts of the 72nd Legislature, Regular
155-22 Session, 1991, is renumbered as Section 91.114, Natural Resources
155-23 Code.
155-24 (10) Subchapter L, Chapter 43, Parks and Wildlife
155-25 Code, as added by Chapter 640, Acts of the 69th Legislature,
155-26 Regular Session, 1985, is relettered as Subchapter M, Chapter 43,
155-27 Parks and Wildlife Code.
156-1 (11) Subchapter M, Chapter 43, Parks and Wildlife
156-2 Code, is relettered as Subchapter N, Chapter 43, Parks and Wildlife
156-3 Code.
156-4 (12) Subchapter N, Chapter 43, Parks and Wildlife
156-5 Code, as added by Chapter 883, Acts of the 72nd Legislature,
156-6 Regular Session, 1991, is relettered as Subchapter O, Chapter 43,
156-7 Parks and Wildlife Code.
156-8 (13) Subchapter N, Chapter 43, Parks and Wildlife
156-9 Code, as added by Chapter 586, Acts of the 72nd Legislature,
156-10 Regular Session, 1991, is relettered as Subchapter P, Chapter 43,
156-11 Parks and Wildlife Code.
156-12 SECTION 10.02. If the number, letter, or designation
156-13 assigned by this article conflicts with a number, letter, or
156-14 designation assigned by another Act of the 73rd Legislature, the
156-15 other Act controls, and the number, letter, or designation assigned
156-16 by this article has no effect.
156-17 ARTICLE 11. EMERGENCY
156-18 SECTION 11.01. The importance of this legislation and the
156-19 crowded condition of the calendars in both houses create an
156-20 emergency and an imperative public necessity that the
156-21 constitutional rule requiring bills to be read on three several
156-22 days in each house be suspended, and this rule is hereby suspended.