By Harris S.B. No. 898
75R4129 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 74th 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 Section 43, Article
1-11 III, 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 74th
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 75th Legislature, Regular Session, 1997. 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 75th Legislature, Regular Session, 1997, the statute
2-5 controls.
2-6 SECTION 1.03. (a) A transition or saving provision of a law
2-7 codified by this Act applies to the codified law to the same extent
2-8 as it applied to the original law.
2-9 (b) The repeal of a transition or saving 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 AGRICULTURE CODE
2-17 SECTION 2.01. Chapter 19, Agriculture Code, as added by
2-18 Section 2.01, Chapter 76, Acts of the 74th Legislature, Regular
2-19 Session, 1995, is repealed because of the repeal of the source law
2-20 from which it was derived by Section 10.09(19), Chapter 419, Acts
2-21 of the 74th Legislature, Regular Session, 1995.
2-22 ARTICLE 3. CHANGES RELATING TO BUSINESS & COMMERCE CODE
2-23 SECTION 3.01. Section 21(b), Chapter 962, Acts of the 74th
2-24 Legislature, Regular Session, 1995, is amended to read as follows:
2-25 (b) If a security interest in a security is perfected under
2-26 Chapter 8, Business & Commerce Code, on the date this Act takes
2-27 effect, and the action by which the security interest was perfected
3-1 would suffice to perfect a security interest under Chapter 9,
3-2 Business & Commerce Code, as amended [Chapter 8, Business &
3-3 Commerce Code, as revised] by this Act, no further action is
3-4 required to continue perfection. If a security interest in a
3-5 security is perfected under Chapter 8, Business & Commerce Code, on
3-6 the date this Act takes effect but the action by which the security
3-7 interest was perfected would not suffice to perfect a security
3-8 interest under Chapter 9, Business & Commerce Code, as amended
3-9 [Chapter 8, Business & Commerce Code, as revised] by this Act, the
3-10 security interest remains perfected until January 1, 1996, and
3-11 continues perfected on and after that date if appropriate action to
3-12 perfect under Chapter 9, Business & Commerce Code, as amended
3-13 [Chapter 8, Business & Commerce Code, as revised] by this Act is
3-14 taken before January 1, 1996. If a security interest is perfected
3-15 under Chapter 8, Business & Commerce Code, on the date this Act
3-16 takes effect and the security interest can be perfected by filing
3-17 under Chapter 9, Business & Commerce Code, as amended [Chapter 8,
3-18 Business & Commerce Code, as revised] by this Act, a financing
3-19 statement signed by the secured party instead of the debtor may be
3-20 filed before January 1, 1996, to continue perfection or filed on or
3-21 after that date to perfect.
3-22 ARTICLE 4. CHANGES RELATING TO CIVIL PRACTICE
3-23 AND REMEDIES CODE
3-24 SECTION 4.01. Section 41.002(b), Civil Practice and Remedies
3-25 Code, is revised and amended to reflect amendment by Chapter 19,
3-26 Acts of the 74th Legislature, Regular Session, 1995, and amendment
3-27 to conform citations to certain codes by Chapter 260, Acts of the
4-1 74th Legislature, Regular Session, 1995, to read as follows:
4-2 (b) This chapter establishes the maximum exemplary damages
4-3 that may be awarded in an action subject to this chapter, including
4-4 an action for which exemplary damages are awarded under another law
4-5 of this state. This chapter does not apply to the extent another
4-6 law establishes a lower maximum amount of exemplary damages for a
4-7 particular claim. [This chapter does not apply to:]
4-8 [(1) an action brought under the Deceptive Trade
4-9 Practices-Consumer Protection Act (Subchapter E, Chapter 17,
4-10 Business & Commerce Code) except as specifically provided in
4-11 Section 17.50 of that Act;]
4-12 [(2) an action brought under Chapter 21, Insurance
4-13 Code;]
4-14 [(3) an action brought under the workers' compensation
4-15 laws of this state (Title 5, Labor Code);]
4-16 [(4) an action to recover exemplary damages against an
4-17 employer by the employee's beneficiaries in a death action arising
4-18 out of the course and scope of employment where the employer is a
4-19 subscriber under the workers' compensation laws of this state
4-20 (Title 5, Labor Code);]
4-21 [(5) an action brought under Chapter 246, Acts of the
4-22 63rd Legislature, Regular Session, 1973, Home Solicitation
4-23 Transactions (Article 5069-13.01 et seq., Vernon's Texas Civil
4-24 Statutes);]
4-25 [(6) an action brought under Chapter 547, Acts of the
4-26 63rd Legislature, Regular Session, 1973, Debt Collection Practices
4-27 (Article 5069-11.01 et seq., Vernon's Texas Civil Statutes);]
5-1 [(7) an action brought under Chapter 54, 91, or 92,
5-2 Property Code;]
5-3 [(8) an action brought under the Texas Manufactured
5-4 Housing Standards Act (Article 5221f, Vernon's Texas Civil
5-5 Statutes);]
5-6 [(9) an action brought under the Texas Motor Vehicle
5-7 Commission Code (Article 4413(36), Vernon's Texas Civil Statutes);]
5-8 [(10) an action brought under Chapter 132, Education
5-9 Code;]
5-10 [(11) an action brought under Section 9.507 or Section
5-11 27.01, Business & Commerce Code;]
5-12 [(12) an action brought under Chapter 36, Family Code;]
5-13 [(13) an action brought under the Health Spa Act
5-14 (Article 5221l, Vernon's Texas Civil Statutes);]
5-15 [(14) an action brought under the Business Opportunity
5-16 Act (Article 5069-16.01 et seq., Vernon's Texas Civil Statutes); or]
5-17 [(15) an action brought under Chapter 221, Property
5-18 Code.]
5-19 ARTICLE 5. GENERAL ARBITRATION
5-20 SECTION 5.01. Chapter 171, Civil Practice and Remedies Code,
5-21 is revised to read as follows:
5-22 CHAPTER 171. GENERAL ARBITRATION
5-23 SUBCHAPTER A. GENERAL PROVISIONS
5-24 Sec. 171.001. ARBITRATION AGREEMENTS VALID. (a) A written
6-1 agreement to arbitrate is valid and enforceable if the agreement is
6-2 to arbitrate a controversy that:
6-3 (1) exists at the time of the agreement; or
6-4 (2) arises between the parties after the date of the
6-5 agreement.
6-6 (b) A party may revoke the agreement only on a ground that
6-7 exists at law or in equity for the revocation of a contract.
6-8 Sec. 171.002. SCOPE OF CHAPTER. (a) This chapter does not
6-9 apply to:
6-10 (1) a collective bargaining agreement between an
6-11 employer and a labor union;
6-12 (2) an agreement for the acquisition by one or more
6-13 individuals of property, services, money, or credit in which the
6-14 total consideration to be furnished by the individual is not more
6-15 than $50,000, except as provided by Subsection (b);
6-16 (3) a claim for personal injury, except as provided by
6-17 Subsection (c);
6-18 (4) a claim for workers' compensation benefits; or
6-19 (5) an agreement made before January 1, 1966.
6-20 (b) An agreement described by Subsection (a)(2) is subject
6-21 to this chapter if:
6-22 (1) the parties to the agreement agree in writing to
6-23 arbitrate; and
6-24 (2) the agreement is signed by each party and each
7-1 party's attorney.
7-2 (c) A claim described by Subsection (a)(3) is subject to
7-3 this chapter if:
7-4 (1) each party to the claim, on the advice of counsel,
7-5 agrees in writing to arbitrate; and
7-6 (2) the agreement is signed by each party and each
7-7 party's attorney.
7-8 Sec. 171.003. UNIFORM INTERPRETATION. This chapter shall be
7-9 construed to effect its purpose and make uniform the construction
7-10 of other states' law applicable to an arbitration.
7-11 (Sections 171.004-171.020 reserved for expansion)
7-12 SUBCHAPTER B. PROCEEDINGS TO COMPEL OR STAY ARBITRATIONS
7-13 Sec. 171.021. PROCEEDING TO COMPEL ARBITRATION. (a) A
7-14 court shall order the parties to arbitrate on application of a
7-15 party showing:
7-16 (1) an agreement to arbitrate; and
7-17 (2) the opposing party's refusal to arbitrate.
7-18 (b) If a party opposing an application made under Subsection
7-19 (a) denies the existence of the agreement, the court shall
7-20 summarily determine that issue. The court shall order the
7-21 arbitration if it finds for the party that made the application. If
7-22 the court does not find for that party, the court shall deny the
7-23 application.
7-24 (c) An order compelling arbitration must include a stay of
8-1 any proceeding subject to Section 171.025.
8-2 Sec. 171.022. UNCONSCIONABLE AGREEMENTS UNENFORCEABLE. A
8-3 court may not enforce an agreement to arbitrate if the court finds
8-4 the agreement was unconscionable at the time the agreement was
8-5 made.
8-6 Sec. 171.023. PROCEEDING TO STAY ARBITRATION. (a) A court
8-7 may stay an arbitration commenced or threatened on application and
8-8 a showing that there is not an agreement to arbitrate.
8-9 (b) If there is a substantial bona fide dispute as to
8-10 whether an agreement to arbitrate exists, the court shall try the
8-11 issue promptly and summarily.
8-12 (c) The court shall stay the arbitration if the court finds
8-13 for the party moving for the stay. If the court finds for the
8-14 party opposing the stay, the court shall order the parties to
8-15 arbitrate.
8-16 Sec. 171.024. PLACE FOR MAKING APPLICATION. (a) If there
8-17 is a proceeding pending in a court involving an issue referable to
8-18 arbitration under an alleged agreement to arbitrate, a party may
8-19 make an application under this subchapter only in that court.
8-20 (b) If Subsection (a) does not apply, a party may make an
8-21 application in any court, subject to Section 171.096.
8-22 Sec. 171.025. STAY OF RELATED PROCEEDING. (a) The court
8-23 shall stay a proceeding that involves an issue subject to
8-24 arbitration if an order for arbitration or an application for that
9-1 order is made under this subchapter.
9-2 (b) The stay applies only to the issue subject to
9-3 arbitration if that issue is severable from the remainder of the
9-4 proceeding.
9-5 Sec. 171.026. VALIDITY OF UNDERLYING CLAIM. A court may not
9-6 refuse to order arbitration because:
9-7 (1) the claim lacks merit or bona fides; or
9-8 (2) the fault or ground for the claim is not shown.
9-9 (Sections 171.027-171.040 reserved for expansion)
9-10 SUBCHAPTER C. ARBITRATION
9-11 Sec. 171.041. APPOINTMENT OF ARBITRATORS. (a) The method
9-12 of appointment of arbitrators is as specified in the agreement to
9-13 arbitrate.
9-14 (b) The court, on application of a party stating the nature
9-15 of the issues to be arbitrated and the qualifications of the
9-16 proposed arbitrators, shall appoint one or more qualified
9-17 arbitrators if:
9-18 (1) the agreement to arbitrate does not specify a
9-19 method of appointment;
9-20 (2) the agreed method fails or cannot be followed; or
9-21 (3) an appointed arbitrator fails or is unable to act
9-22 and a successor has not been appointed.
9-23 (c) An arbitrator appointed under Subsection (b) has the
9-24 powers of an arbitrator named in the agreement to arbitrate.
10-1 Sec. 171.042. MAJORITY ACTION BY ARBITRATORS. The powers of
10-2 the arbitrators are exercised by a majority unless otherwise
10-3 provided by the agreement to arbitrate or this chapter.
10-4 Sec. 171.043. HEARING CONDUCTED BY ARBITRATORS. (a) Unless
10-5 otherwise provided by the agreement to arbitrate, all the
10-6 arbitrators shall conduct the hearing. A majority of the
10-7 arbitrators may determine a question and render a final award.
10-8 (b) If, during the course of the hearing, an arbitrator
10-9 ceases to act, one or more remaining arbitrators appointed to act
10-10 as neutral arbitrators may hear and determine the controversy.
10-11 Sec. 171.044. TIME AND PLACE OF HEARING; NOTICE. (a)
10-12 Unless otherwise provided by the agreement to arbitrate, the
10-13 arbitrators shall set a time and place for the hearing and notify
10-14 each party.
10-15 (b) The notice must be served not later than the fifth day
10-16 before the hearing either personally or by registered or certified
10-17 mail with return receipt requested. Appearance at the hearing
10-18 waives the notice.
10-19 (c) The court on application may direct the arbitrators to
10-20 proceed promptly with the hearing and determination of the
10-21 controversy.
10-22 Sec. 171.045. ADJOURNMENT OR POSTPONEMENT. Unless otherwise
10-23 provided by the agreement to arbitrate, the arbitrators may:
10-24 (1) adjourn the hearing as necessary; and
11-1 (2) on request of a party and for good cause, or on
11-2 their own motion, postpone the hearing to a time not later than:
11-3 (A) the date set by the agreement for making the
11-4 award; or
11-5 (B) a later date agreed to by the parties.
11-6 Sec. 171.046. FAILURE OF PARTY TO APPEAR. Unless otherwise
11-7 provided by the agreement to arbitrate, the arbitrators may hear
11-8 and determine the controversy on the evidence produced without
11-9 regard to whether a party who has been notified as provided by
11-10 Section 171.044 fails to appear.
11-11 Sec. 171.047. RIGHTS OF PARTY AT HEARING. Unless otherwise
11-12 provided by the agreement to arbitrate, a party at the hearing is
11-13 entitled to:
11-14 (1) be heard;
11-15 (2) present evidence material to the controversy; and
11-16 (3) cross-examine any witness.
11-17 Sec. 171.048. REPRESENTATION BY ATTORNEY; FEES. (a) A
11-18 party is entitled to representation by an attorney at a proceeding
11-19 under this chapter.
11-20 (b) A waiver of the right described by Subsection (a) before
11-21 the proceeding is ineffective.
11-22 (c) The arbitrators shall award attorney's fees as
11-23 additional sums required to be paid under the award only if the
11-24 fees are provided for:
12-1 (1) in the agreement to arbitrate; or
12-2 (2) by law for a recovery in a civil action in the
12-3 district court on a cause of action on which any part of the award
12-4 is based.
12-5 Sec. 171.049. OATH. The arbitrators, or an arbitrator at
12-6 the direction of the arbitrators, may administer to each witness
12-7 testifying before them the oath required of a witness in a civil
12-8 action pending in a district court.
12-9 Sec. 171.050. DEPOSITIONS. (a) The arbitrators may
12-10 authorize a deposition:
12-11 (1) for use as evidence to be taken of a witness who
12-12 cannot be required by subpoena to appear before the arbitrators or
12-13 who is unable to attend the hearing; or
12-14 (2) for discovery or evidentiary purposes to be taken
12-15 of an adverse witness.
12-16 (b) A deposition under this section shall be taken in the
12-17 manner provided by law for a deposition in a civil action pending
12-18 in a district court.
12-19 Sec. 171.051. SUBPOENAS. (a) The arbitrators, or an
12-20 arbitrator at the direction of the arbitrators, may issue a
12-21 subpoena for:
12-22 (1) attendance of a witness; or
12-23 (2) production of books, records, documents, or other
12-24 evidence.
13-1 (b) A witness required to appear by subpoena under this
13-2 section may appear at the hearing before the arbitrators or at a
13-3 deposition.
13-4 (c) A subpoena issued under this section shall be served in
13-5 the manner provided by law for the service of a subpoena issued in
13-6 a civil action pending in a district court.
13-7 (d) Each provision of law requiring a witness to appear,
13-8 produce evidence, and testify under a subpoena issued in a civil
13-9 action pending in a district court applies to a subpoena issued
13-10 under this section.
13-11 Sec. 171.052. WITNESS FEE. The fee for a witness attending
13-12 a hearing or a deposition under this subchapter is the same as the
13-13 fee for a witness in a civil action in a district court.
13-14 Sec. 171.053. ARBITRATORS' AWARD. (a) The arbitrators'
13-15 award must be in writing and signed by each arbitrator joining in
13-16 the award.
13-17 (b) The arbitrators shall deliver a copy of the award to
13-18 each party personally, by registered or certified mail, or as
13-19 provided in the agreement.
13-20 (c) The arbitrators shall make the award:
13-21 (1) within the time established by the agreement to
13-22 arbitrate; or
13-23 (2) if a time is not established by the agreement,
13-24 within the time ordered by the court on application of a party.
14-1 (d) The parties may extend the time for making the award
14-2 either before or after the time expires. The extension must be in
14-3 writing.
14-4 (e) A party waives the objection that an award was not made
14-5 within the time required unless the party notifies the arbitrators
14-6 of the objection before the delivery of the award to that party.
14-7 Sec. 171.054. MODIFICATION OR CORRECTION TO AWARD. (a) The
14-8 arbitrators may modify or correct an award:
14-9 (1) on the grounds stated in Section 171.091; or
14-10 (2) to clarify the award.
14-11 (b) A modification or correction under Subsection (a) may be
14-12 made only:
14-13 (1) on application of a party; or
14-14 (2) on submission to the arbitrators by a court, if an
14-15 application to the court is pending under Sections 171.087,
14-16 171.088, 171.089, and 171.091, subject to any condition ordered by
14-17 the court.
14-18 (c) A party may make an application under this section not
14-19 later than the 20th day after the date the award is delivered to
14-20 the applicant.
14-21 (d) An applicant shall give written notice of the
14-22 application promptly to the opposing party. The notice must state
14-23 that the opposing party must serve any objection to the application
14-24 not later than the 10th day after the date of notice.
15-1 (e) An award modified or corrected under this section is
15-2 subject to Sections 171.087, 171.088, 171.089, 171.090, and
15-3 171.091.
15-4 Sec. 171.055. ARBITRATOR'S FEES AND EXPENSES. Unless
15-5 otherwise provided in the agreement to arbitrate, the arbitrators'
15-6 expenses and fees, with other expenses incurred in conducting the
15-7 arbitration, shall be paid as provided in the award.
15-8 (Sections 171.056-171.080 reserved for expansion)
15-9 SUBCHAPTER D. COURT PROCEEDINGS
15-10 Sec. 171.081. JURISDICTION. The making of an agreement
15-11 described by Section 171.001 that provides for or authorizes an
15-12 arbitration in this state and to which that section applies confers
15-13 jurisdiction on the court to enforce the agreement and to render
15-14 judgment on an award under this chapter.
15-15 Sec. 171.082. APPLICATION TO COURT; FEES. (a) The filing
15-16 with the clerk of the court of an application for an order under
15-17 this chapter, including a judgment or decree, invokes the
15-18 jurisdiction of the court.
15-19 (b) On the filing of the initial application and the payment
15-20 to the clerk of the fees of court required to be paid on the filing
15-21 of a civil action in the court, the clerk shall docket the
15-22 proceeding as a civil action pending in that court.
15-23 Sec. 171.083. TIME FOR FILING. An applicant for a court
15-24 order under this chapter may file the application:
16-1 (1) before arbitration proceedings begin in support of
16-2 those proceedings;
16-3 (2) during the period the arbitration is pending
16-4 before the arbitrators; or
16-5 (3) subject to this chapter, at or after the
16-6 conclusion of the arbitration.
16-7 Sec. 171.084. STAY OF CERTAIN PROCEEDINGS. (a) After an
16-8 initial application is filed, the court may stay:
16-9 (1) a proceeding under a later filed application in
16-10 another court to:
16-11 (A) invoke the jurisdiction of that court; or
16-12 (B) obtain an order under this chapter; or
16-13 (2) a proceeding instituted after the initial
16-14 application has been filed.
16-15 (b) A stay under this section affects only an issue subject
16-16 to arbitration under an agreement in accordance with the terms of
16-17 the initial application.
16-18 Sec. 171.085. CONTENTS OF APPLICATION. (a) A court may
16-19 require that an application filed under this chapter:
16-20 (1) show the jurisdiction of the court;
16-21 (2) have attached a copy of the agreement to
16-22 arbitrate;
16-23 (3) define the issue subject to arbitration between
16-24 the parties under the agreement;
17-1 (4) specify the status of the arbitration before the
17-2 arbitrators; and
17-3 (5) show the need for the court order sought by the
17-4 applicant.
17-5 (b) A court may not find an application inadequate because
17-6 of the absence of a requirement listed in Subsection (a) unless the
17-7 court, in its discretion:
17-8 (1) requires that the applicant amend the application
17-9 to meet the requirements of the court; and
17-10 (2) grants the applicant a 10-day period to comply.
17-11 Sec. 171.086. ORDERS THAT MAY BE RENDERED. (a) Before
17-12 arbitration proceedings begin, in support of arbitration a party
17-13 may file an application for a court order, including an order to:
17-14 (1) invoke the jurisdiction of the court over the
17-15 adverse party and to effect that jurisdiction by service of process
17-16 on the party before arbitration proceedings begin;
17-17 (2) invoke the jurisdiction of the court over an
17-18 ancillary proceeding in rem, including by attachment, garnishment,
17-19 or sequestration, in the manner and subject to the conditions under
17-20 which the proceeding may be instituted and conducted ancillary to a
17-21 civil action in a district court;
17-22 (3) restrain or enjoin:
17-23 (A) the destruction of all or an essential part
17-24 of the subject matter of the controversy; or
18-1 (B) the destruction or alteration of books,
18-2 records, documents, or other evidence needed for the arbitration;
18-3 (4) obtain from the court in its discretion an order
18-4 for a deposition for discovery, perpetuation of testimony, or
18-5 evidence needed before the arbitration proceedings begin;
18-6 (5) appoint one or more arbitrators so that an
18-7 arbitration under the agreement to arbitrate may proceed; or
18-8 (6) obtain other relief, which the court can grant in
18-9 its discretion, needed to permit the arbitration to be conducted in
18-10 an orderly manner and to prevent improper interference or delay of
18-11 the arbitration.
18-12 (b) During the period an arbitration is pending before the
18-13 arbitrators or at or after the conclusion of the arbitration, a
18-14 party may file an application for a court order, including an
18-15 order:
18-16 (1) that was referred to or that would serve a purpose
18-17 referred to in Subsection (a);
18-18 (2) to require compliance by an adverse party or any
18-19 witness with an order made under this chapter by the arbitrators
18-20 during the arbitration;
18-21 (3) to require the issuance and service under court
18-22 order, rather than under the arbitrators' order, of a subpoena,
18-23 notice, or other court process:
18-24 (A) in support of the arbitration; or
19-1 (B) in an ancillary proceeding in rem, including
19-2 by attachment, garnishment, or sequestration, in the manner of and
19-3 subject to the conditions under which the proceeding may be
19-4 conducted ancillary to a civil action in a district court;
19-5 (4) to require security for the satisfaction of a
19-6 court judgment that may be later entered under an award;
19-7 (5) to support the enforcement of a court order
19-8 entered under this chapter; or
19-9 (6) to obtain relief under Section 171.087, 171.088,
19-10 171.089, or 171.091.
19-11 (c) A court may not require an applicant for an order under
19-12 Subsection (a)(1) to show that the adverse party is about to, or
19-13 may, leave the state if jurisdiction over that party is not
19-14 effected by service of process before the arbitration proceedings
19-15 begin.
19-16 Sec. 171.087. CONFIRMATION OF AWARD. Unless grounds are
19-17 offered for vacating, modifying, or correcting an award under
19-18 Section 171.088 or 171.091, the court, on application of a party,
19-19 shall confirm the award.
19-20 Sec. 171.088. VACATING AWARD. (a) On application of a
19-21 party, the court shall vacate an award if:
19-22 (1) the award was obtained by corruption, fraud, or
19-23 other undue means;
19-24 (2) the rights of a party were prejudiced by:
20-1 (A) evident partiality by an arbitrator
20-2 appointed as a neutral arbitrator;
20-3 (B) corruption in an arbitrator; or
20-4 (C) misconduct or wilful misbehavior of an
20-5 arbitrator;
20-6 (3) the arbitrators:
20-7 (A) exceeded their powers;
20-8 (B) refused to postpone the hearing after a
20-9 showing of sufficient cause for the postponement;
20-10 (C) refused to hear evidence material to the
20-11 controversy; or
20-12 (D) conducted the hearing, contrary to Section
20-13 171.043, 171.044, 171.045, 171.046, or 171.047, in a manner that
20-14 substantially prejudiced the rights of a party; or
20-15 (4) there was no agreement to arbitrate, the issue was
20-16 not adversely determined in a proceeding under Subchapter B, and
20-17 the party did not participate in the arbitration hearing without
20-18 raising the objection.
20-19 (b) A party must make an application under this section not
20-20 later than the 90th day after the date of delivery of a copy of the
20-21 award to the applicant. A party must make an application under
20-22 Subsection (a)(1) not later than the 90th day after the date the
20-23 grounds for the application are known or should have been known.
20-24 (c) If the application to vacate is denied and a motion to
21-1 modify or correct the award is not pending, the court shall confirm
21-2 the award.
21-3 Sec. 171.089. REHEARING AFTER AWARD VACATED. (a) On
21-4 vacating an award on grounds other than the grounds stated in
21-5 Section 171.088(a)(4), the court may order a rehearing before new
21-6 arbitrators chosen:
21-7 (1) as provided in the agreement to arbitrate; or
21-8 (2) by the court under Section 171.041, if the
21-9 agreement does not provide the manner for choosing the arbitrators.
21-10 (b) If the award is vacated under Section 171.088(a)(3), the
21-11 court may order a rehearing before the arbitrators who made the
21-12 award or their successors appointed under Section 171.041.
21-13 (c) The period within which the agreement to arbitrate
21-14 requires the award to be made applies to a rehearing under this
21-15 section and commences from the date of the order.
21-16 Sec. 171.090. TYPE OF RELIEF NOT FACTOR. The fact that the
21-17 relief granted by the arbitrators could not or would not be granted
21-18 by a court of law or equity is not a ground for vacating or
21-19 refusing to confirm the award.
21-20 Sec. 171.091. MODIFYING OR CORRECTING AWARD. (a) On
21-21 application, the court shall modify or correct an award if:
21-22 (1) the award contains:
21-23 (A) an evident miscalculation of numbers; or
21-24 (B) an evident mistake in the description of a
22-1 person, thing, or property referred to in the award;
22-2 (2) the arbitrators have made an award with respect to
22-3 a matter not submitted to them and the award may be corrected
22-4 without affecting the merits of the decision made with respect to
22-5 the issues that were submitted; or
22-6 (3) the form of the award is imperfect in a manner not
22-7 affecting the merits of the controversy.
22-8 (b) A party must make an application under this section not
22-9 later than the 90th day after the date of delivery of a copy of the
22-10 award to the applicant.
22-11 (c) If the application is granted, the court shall modify or
22-12 correct the award to effect its intent and shall confirm the award
22-13 as modified or corrected. If the application is not granted, the
22-14 court shall confirm the award.
22-15 (d) An application to modify or correct an award may be
22-16 joined in the alternative with an application to vacate the award.
22-17 Sec. 171.092. JUDGMENT ON AWARD. (a) On granting an order
22-18 that confirms, modifies, or corrects an award, the court shall
22-19 enter a judgment or decree conforming to the order. The judgment or
22-20 decree may be enforced in the same manner as any other judgment or
22-21 decree.
22-22 (b) The court may award:
22-23 (1) costs of the application and of the proceedings
22-24 subsequent to the application; and
23-1 (2) disbursements.
23-2 Sec. 171.093. HEARING; NOTICE. The court shall hear each
23-3 initial and subsequent application under this subchapter in the
23-4 manner and with the notice required by law or court rule for making
23-5 and hearing a motion filed in a pending civil action in a district
23-6 court.
23-7 Sec. 171.094. SERVICE OF PROCESS FOR INITIAL APPLICATION.
23-8 (a) On the filing of an initial application under this subchapter,
23-9 the clerk of the court shall:
23-10 (1) issue process for service on each adverse party
23-11 named in the application; and
23-12 (2) attach a copy of the application to the process.
23-13 (b) To the extent applicable, the process and service and
23-14 the return of service must be in the form and include the substance
23-15 required for process and service on a defendant in a civil action
23-16 in a district court.
23-17 (c) An authorized official may effect the service of
23-18 process.
23-19 Sec. 171.095. SERVICE OF PROCESS FOR SUBSEQUENT
23-20 APPLICATIONS. (a) After an initial application has been made,
23-21 notice to an adverse party for each subsequent application shall be
23-22 made in the same manner as is required for a motion filed in a
23-23 pending civil action in a district court. This subsection applies
23-24 only if:
24-1 (1) jurisdiction over the adverse party has been
24-2 established by service of process on the party or in rem for the
24-3 initial application; and
24-4 (2) the subsequent application relates to:
24-5 (A) the same arbitration or a prospective
24-6 arbitration under the same agreement to arbitrate; and
24-7 (B) the same controversy or controversies.
24-8 (b) If Subsection (a) does not apply, service of process
24-9 shall be made on the adverse party in the manner provided by
24-10 Section 171.094.
24-11 Sec. 171.096. PLACE OF FILING. (a) Except as otherwise
24-12 provided by this section, a party must file the initial
24-13 application:
24-14 (1) in the county in which an adverse party resides or
24-15 has a place of business; or
24-16 (2) if an adverse party does not have a residence or
24-17 place of business in this state, in any county.
24-18 (b) If the agreement to arbitrate provides that the hearing
24-19 before the arbitrators is to be held in a county in this state, a
24-20 party must file the initial application with the clerk of the court
24-21 of that county.
24-22 (c) If a hearing before the arbitrators has been held, a
24-23 party must file the initial application with the clerk of the court
24-24 of the county in which the hearing was held.
25-1 (d) Consistent with Section 171.024, if a proceeding is
25-2 pending in a court relating to arbitration of an issue subject to
25-3 arbitration under an agreement before the filing of the initial
25-4 application, a party must file the initial application and any
25-5 subsequent application relating to the arbitration in that court.
25-6 Sec. 171.097. TRANSFER. (a) On application of a party
25-7 adverse to the party who filed the initial application, a court
25-8 that has jurisdiction but that is located in a county other than as
25-9 described by Section 171.096 shall transfer the application to a
25-10 court of a county described by that section.
25-11 (b) The court shall transfer the application by an order
25-12 comparable to an order sustaining a plea of privilege to be sued in
25-13 a civil action in a district court of a county other than the
25-14 county in which an action is filed.
25-15 (c) The party must file the application under this section:
25-16 (1) not later than the 20th day after the date of
25-17 service of process on the adverse party; and
25-18 (2) before any other appearance in the court by that
25-19 adverse party, other than an appearance to challenge the
25-20 jurisdiction of the court.
25-21 Sec. 171.098. APPEAL. (a) A party may appeal a judgment or
25-22 decree entered under this chapter or an order:
25-23 (1) denying an application to compel arbitration made
25-24 under Section 171.021;
26-1 (2) granting an application to stay arbitration made
26-2 under Section 171.023;
26-3 (3) confirming or denying confirmation of an award;
26-4 (4) modifying or correcting an award; or
26-5 (5) vacating an award without directing a rehearing.
26-6 (b) The appeal shall be taken in the manner and to the same
26-7 extent as an appeal from an order or judgment in a civil action.
26-8 SECTION 5.02. Chapter 172, Civil Practice and Remedies Code,
26-9 is revised to read as follows:
26-10 CHAPTER 172. ARBITRATION AND CONCILIATION OF INTERNATIONAL
26-11 COMMERCIAL DISPUTES
26-12 SUBCHAPTER A. GENERAL PROVISIONS
26-13 Sec. 172.001. SCOPE OF CHAPTER. (a) This chapter applies
26-14 to international commercial arbitration and conciliation, subject
26-15 to any agreement that is in force between the United States and
26-16 another state or states.
26-17 (b) This chapter, except Sections 172.174 and 172.175,
26-18 applies only to arbitration or conciliation in this state.
26-19 (c) Except as provided by Subsection (d), this chapter does
26-20 not affect another state law under which a dispute:
26-21 (1) may not be submitted to arbitration; or
26-22 (2) may be submitted to arbitration only in accordance
26-23 with law other than this chapter.
26-24 (d) Except as provided by this subsection, this chapter
27-1 supersedes Subchapters B and C, Chapter 171, with respect to
27-2 international commercial arbitration and conciliation. This
27-3 chapter does not supersede Subchapter A or D of that chapter or
27-4 Section 171.022.
27-5 Sec. 172.002. DEFINITIONS. (a) In this chapter:
27-6 (1) "Arbitration" includes any arbitration without
27-7 regard to whether it is administered by a permanent arbitration
27-8 institution.
27-9 (2) "Arbitration agreement" means an agreement to
27-10 arbitrate a dispute that has arisen or may arise between the
27-11 parties concerning a defined legal relationship, without regard to
27-12 whether the legal relationship is contractual. The term includes
27-13 an arbitration clause in a contract or a separate agreement.
27-14 (3) "Arbitration award" means a decision of an
27-15 arbitration tribunal on the substance of a dispute submitted to it
27-16 and includes an interim, interlocutory, or partial award.
27-17 (4) "Arbitration tribunal" means a sole arbitrator or
27-18 a panel of arbitrators.
27-19 (5) "Claim" includes a counterclaim.
27-20 (6) "Conciliation" includes any conciliation without
27-21 regard to whether it is administered by a permanent conciliation
27-22 institution.
27-23 (7) "Defense" includes a defense to a counterclaim.
27-24 (8) "Party" means a party to an arbitration or
28-1 conciliation agreement.
28-2 (b) The meanings assigned by this section to "claim" and
28-3 "defense" do not apply in Sections 172.114(a) and 172.118(b)(1).
28-4 Sec. 172.003. INTERNATIONAL AGREEMENT. (a) An arbitration
28-5 or conciliation agreement is international if:
28-6 (1) the places of business of the parties to the
28-7 agreement are located in different states when the agreement is
28-8 concluded;
28-9 (2) any of the following places is located outside any
28-10 state in which a party has a place of business:
28-11 (A) the place of arbitration or conciliation
28-12 determined under the arbitration or conciliation agreement;
28-13 (B) a place where a substantial part of the
28-14 obligations of the commercial relationship is to be performed; or
28-15 (C) the place with which the subject matter of
28-16 the dispute is most closely connected;
28-17 (3) each party has expressly agreed that the subject
28-18 matter of the arbitration or conciliation agreement relates to
28-19 commercial interests in more than one state; or
28-20 (4) the arbitration or conciliation agreement arises
28-21 out of a legal relationship that has another reasonable relation
28-22 with more than one state.
28-23 (b) Subsection (a)(4) applies without regard to whether the
28-24 legal relationship is contractual.
29-1 (c) For purposes of this section, the place of business of a
29-2 party who has more than one place of business is the place that has
29-3 the closest relationship to the arbitration or conciliation
29-4 agreement. If a party does not have a place of business, the
29-5 party's place of business is the party's habitual residence.
29-6 (d) For purposes of this section, the states of the United
29-7 States and the District of Columbia are one state.
29-8 Sec. 172.004. COMMERCIAL AGREEMENT. An arbitration or
29-9 conciliation agreement is commercial if it arises out of a
29-10 relationship of a commercial nature, including:
29-11 (1) a transaction for the supply or exchange of goods
29-12 or services;
29-13 (2) a distribution agreement;
29-14 (3) a commercial representation or agency;
29-15 (4) an exploitation agreement or concession;
29-16 (5) a joint venture or other related form of
29-17 industrial or business cooperation;
29-18 (6) the carriage of goods or passengers by air, sea,
29-19 rail, or road;
29-20 (7) a relationship involving:
29-21 (A) construction;
29-22 (B) insurance;
29-23 (C) licensing;
29-24 (D) factoring;
30-1 (E) leasing;
30-2 (F) consulting;
30-3 (G) engineering;
30-4 (H) financing;
30-5 (I) banking;
30-6 (J) professional services; or
30-7 (K) intellectual or industrial property,
30-8 including trademarks, patents, copyrights, and software programs;
30-9 or
30-10 (8) the transfer of data or technology.
30-11 Sec. 172.005. DATE WRITTEN COMMUNICATIONS RECEIVED. (a)
30-12 Except as agreed by the parties, a written communication is
30-13 received on the day that it is delivered:
30-14 (1) to the addressee personally; or
30-15 (2) at the addressee's place of business, habitual
30-16 residence, or mailing address.
30-17 (b) If a place described by Subsection (a) cannot be found
30-18 after a reasonable inquiry, a written communication is received if
30-19 it is sent to the addressee's last known place of business,
30-20 habitual residence, or mailing address by registered mail or other
30-21 means that provides a record of the attempt to deliver it.
30-22 (c) This section does not apply to a written communication
30-23 relating to a court proceeding.
30-24 Sec. 172.006. WAIVER OF RIGHT TO OBJECT. (a) A party who
31-1 proceeds with the arbitration knowing that a provision of this
31-2 chapter or the arbitration agreement has not been complied with
31-3 waives the right to object to the noncompliance unless the party
31-4 states the objection:
31-5 (1) without undue delay; or
31-6 (2) if a period is provided for stating that
31-7 objection, within that period.
31-8 (b) Subsection (a) applies only to a provision of this
31-9 chapter as to which the parties may agree to act in a different
31-10 manner.
31-11 Sec. 172.007. DELEGATION OF CERTAIN DETERMINATIONS. The
31-12 parties may authorize a third party, including an institution, to
31-13 determine any issue the parties may determine under this chapter,
31-14 other than a determination under Section 172.102.
31-15 (Sections 172.008-172.030 reserved for expansion)
31-16 SUBCHAPTER B. ARBITRATION AGREEMENTS
31-17 Sec. 172.031. ARBITRATION AGREEMENTS VALID. (a) A written
31-18 arbitration agreement is valid and enforceable if the agreement is
31-19 to arbitrate a controversy that:
31-20 (1) exists at the time of the agreement; or
31-21 (2) arises between the parties after the date of the
31-22 agreement.
31-23 (b) A party may revoke the agreement only on a ground that
31-24 exists at law or in equity for the revocation of a contract.
32-1 Sec. 172.032. REQUIREMENTS FOR ARBITRATION AGREEMENT. (a)
32-2 An arbitration agreement must be in writing. The agreement is in
32-3 writing if it is contained in:
32-4 (1) a document signed by each party;
32-5 (2) an exchange of letters, telexes, telegrams, or
32-6 other means of telecommunication that provide a record of the
32-7 agreement; or
32-8 (3) an exchange of statements of claim and defense in
32-9 which the existence of an agreement is alleged by one party and not
32-10 denied by another.
32-11 (b) A contract reference to a document containing an
32-12 arbitration clause is an arbitration agreement if the contract is
32-13 in writing and the reference is sufficient to make that clause part
32-14 of the contract.
32-15 Sec. 172.033. RULES REFERRED TO IN AGREEMENT. An agreement
32-16 of the parties under this chapter includes any arbitration or
32-17 conciliation rules referred to by that agreement.
32-18 (Sections 172.034-172.050 reserved for expansion)
32-19 SUBCHAPTER C. ARBITRATORS
32-20 Sec. 172.051. NUMBER OF ARBITRATORS. An arbitration has one
32-21 arbitrator unless the parties agree to additional arbitrators.
32-22 Sec. 172.052. NATIONALITY OF ARBITRATOR. A person of any
32-23 nationality may be an arbitrator.
32-24 Sec. 172.053. APPOINTMENT OF ARBITRATION TRIBUNAL. (a)
33-1 Subject to Sections 172.054(b), (c), and (d) and Section 172.055,
33-2 the parties may agree on a procedure for appointing the arbitration
33-3 tribunal.
33-4 (b) If an agreement is not made under Subsection (a), in an
33-5 arbitration with three arbitrators and two parties, each party
33-6 shall appoint one arbitrator, and the two appointed arbitrators
33-7 shall appoint the third arbitrator.
33-8 Sec. 172.054. APPOINTMENT BY COURT. (a) On request of a
33-9 party, the district court of the county in which the place of
33-10 arbitration is located shall appoint each arbitrator if:
33-11 (1) an agreement is not made under Section 172.053(a)
33-12 in an arbitration with a sole arbitrator and the parties fail to
33-13 agree on the arbitrator; or
33-14 (2) the appointment procedure in Section 172.053(b)
33-15 applies and:
33-16 (A) a party fails to appoint an arbitrator not
33-17 later than the 30th day after the date of receipt of a request to
33-18 do so from the other party; or
33-19 (B) the two appointed arbitrators fail to agree
33-20 on the third arbitrator not later than the 30th day after the date
33-21 of their appointment.
33-22 (b) On request of a party, the district court of the county
33-23 in which the place of arbitration is located may take necessary
33-24 measures if under an appointment procedure agreed to by each party:
34-1 (1) a party fails to act as required under that
34-2 procedure;
34-3 (2) the parties or two appointed arbitrators fail to
34-4 reach an agreement expected of them under that procedure; or
34-5 (3) a third party, including an institution, fails to
34-6 perform a function assigned to the party under that procedure.
34-7 (c) Subsection (b) does not apply if the agreement on the
34-8 appointment procedure provides other means for securing the
34-9 appointment.
34-10 (d) A decision of the district court under this section is
34-11 final and not subject to appeal.
34-12 Sec. 172.055. FACTORS CONSIDERED. In appointing an
34-13 arbitrator, the district court shall consider:
34-14 (1) each qualification required of the arbitrator by
34-15 the arbitration agreement;
34-16 (2) any consideration making more likely the
34-17 appointment of an independent and impartial arbitrator; and
34-18 (3) in the case of a sole or third arbitrator, the
34-19 advisability of appointing an arbitrator of a nationality other
34-20 than that of any party.
34-21 Sec. 172.056. DISCLOSURE OF GROUNDS FOR CHALLENGE. (a)
34-22 Except as otherwise provided by this chapter, a person who is
34-23 contacted in connection with the person's possible appointment or
34-24 designation as an arbitrator or conciliator or who is appointed or
35-1 designated shall, not later than the 21st day after the date of the
35-2 contact, appointment, or designation, disclose to each party any
35-3 information that might cause the person's impartiality or
35-4 independence to be questioned, including information that:
35-5 (1) the person:
35-6 (A) has a personal bias or prejudice concerning
35-7 a party;
35-8 (B) has personal knowledge of a disputed
35-9 evidentiary fact concerning the proceeding;
35-10 (C) served as an attorney in the matter in
35-11 controversy;
35-12 (D) is or has been associated with another who
35-13 has participated in the matter during the association;
35-14 (E) has been a material witness concerning the
35-15 matter;
35-16 (F) served as an arbitrator or conciliator in
35-17 another proceeding involving a party to the proceeding; or
35-18 (G) has a close personal or professional
35-19 relationship with a person who:
35-20 (i) is or has been a party to the
35-21 proceeding or an officer, director, or trustee of a party;
35-22 (ii) is acting or has acted as an attorney
35-23 or representative in the proceeding;
35-24 (iii) is or expects to be nominated as an
36-1 arbitrator or conciliator in the proceeding;
36-2 (iv) is known to have an interest that
36-3 could be substantially affected by the outcome of the proceeding;
36-4 or
36-5 (v) is likely to be a material witness in
36-6 the proceeding;
36-7 (2) the person, individually or as a fiduciary, or the
36-8 person's spouse or minor child residing in the person's household
36-9 has:
36-10 (A) a financial interest in:
36-11 (i) the subject matter in controversy; or
36-12 (ii) a party to the proceeding; or
36-13 (B) any other interest that could be
36-14 substantially affected by the outcome of the proceeding; or
36-15 (3) the person, the person's spouse, a person within
36-16 the third degree of relationship to either of them, or the spouse
36-17 of that person:
36-18 (A) is or has been a party to the proceeding or
36-19 an officer, director, or trustee of a party;
36-20 (B) is acting or has acted as an attorney in the
36-21 proceeding;
36-22 (C) is known to have an interest that could be
36-23 substantially affected by the outcome of the proceeding; or
36-24 (D) is likely to be a material witness in the
37-1 proceeding.
37-2 (b) Except as provided by this subsection, the parties may
37-3 agree to waive the disclosure under Subsection (a). A party may
37-4 not waive the disclosure for a person serving as:
37-5 (1) the sole arbitrator or conciliator; or
37-6 (2) the chief or prevailing arbitrator or conciliator.
37-7 (c) After appointment and throughout the arbitration or
37-8 conciliation, an arbitrator or conciliator shall promptly disclose
37-9 to each party any circumstance described by Subsection (a) that was
37-10 not previously disclosed.
37-11 Sec. 172.057. GROUNDS FOR CHALLENGE; LIMITATION. Except as
37-12 provided by agreement of the parties or the rules governing the
37-13 arbitration, a party may challenge an arbitrator only if
37-14 circumstances exist that give rise to justifiable doubts as to the
37-15 arbitrator's impartiality, independence, or possession of a
37-16 qualification on which the parties have agreed.
37-17 Sec. 172.058. CHALLENGE AFTER APPOINTMENT. A party who
37-18 appointed or participated in the appointment of an arbitrator may
37-19 challenge that arbitrator only for a reason that the party becomes
37-20 aware of after the appointment is made.
37-21 Sec. 172.059. CHALLENGE PROCEDURE. (a) The parties may
37-22 agree on a procedure for challenging an arbitrator. A decision
37-23 reached under that procedure is final.
37-24 (b) If there is not an agreement under Subsection (a), a
38-1 party challenging an arbitrator shall send a written statement of
38-2 the reason for the challenge to the arbitration tribunal. The
38-3 party shall send the statement not later than the 15th day after
38-4 the later date the party becomes aware of:
38-5 (1) the constitution of the tribunal; or
38-6 (2) a circumstance referred to in Section 172.057 or
38-7 172.058.
38-8 (c) Unless the arbitrator challenged under Subsection (b)
38-9 withdraws from office or the other party agrees to the challenge,
38-10 the arbitration tribunal shall decide the challenge.
38-11 Sec. 172.060. APPEAL OF UNSUCCESSFUL CHALLENGE. (a) If a
38-12 challenge under Sections 172.059(b) and (c) is unsuccessful, the
38-13 challenging party, not later than the 30th day after the date the
38-14 party receives notice of the decision rejecting the challenge, may
38-15 request the district court of the county in which the place of
38-16 arbitration is located to decide the challenge.
38-17 (b) The court shall sustain the challenge if the facts
38-18 support a finding that grounds under Section 172.057 fairly exist.
38-19 (c) The decision of the court is final and not subject to
38-20 appeal.
38-21 (d) While a request under Subsection (a) is pending, the
38-22 arbitration tribunal, including the challenged arbitrator, may
38-23 continue the arbitration and make an award.
38-24 Sec. 172.061. FAILURE OR IMPOSSIBILITY TO ACT. (a) The
39-1 mandate of an arbitrator terminates if the arbitrator:
39-2 (1) is unable to perform the arbitrator's functions or
39-3 for another reason fails to act without undue delay; and
39-4 (2) withdraws from office or each party agrees to the
39-5 termination.
39-6 (b) If there is a controversy concerning the termination of
39-7 the arbitrator's mandate under Subsection (a), a party may request
39-8 the district court of the county in which the place of arbitration
39-9 is located to decide the termination. The decision of the court is
39-10 not subject to appeal.
39-11 Sec. 172.062. TERMINATION OF MANDATE. The mandate of an
39-12 arbitrator terminates:
39-13 (1) on withdrawal from office;
39-14 (2) when the parties agree; or
39-15 (3) as provided by Section 172.059, 172.060, or
39-16 172.061.
39-17 Sec. 172.063. SUBSTITUTION OF ARBITRATOR. (a) When the
39-18 mandate of an arbitrator terminates, a substitute arbitrator shall
39-19 be appointed according to the rules that were applicable to the
39-20 appointment of the arbitrator being replaced.
39-21 (b) Except as agreed by the parties:
39-22 (1) if the sole or presiding arbitrator is replaced, a
39-23 hearing previously held shall be repeated; and
39-24 (2) if an arbitrator other than the sole or presiding
40-1 arbitrator is replaced, a hearing previously held may be repeated
40-2 at the discretion of the arbitration tribunal.
40-3 (c) Except as agreed by the parties, an order or ruling of
40-4 the arbitration tribunal made before the replacement of an
40-5 arbitrator under this section is not invalid because there has been
40-6 a change in the composition of the tribunal.
40-7 Sec. 172.064. WITHDRAWAL OF ARBITRATOR. The withdrawal of
40-8 an arbitrator from office or the agreement of a party to the
40-9 termination of the mandate of an arbitrator under Section
40-10 172.059(c) or Section 172.061 does not imply acceptance of the
40-11 validity of a ground referred to in Section 172.057, 172.058, or
40-12 172.061.
40-13 (Sections 172.065-172.080 reserved for expansion)
40-14 SUBCHAPTER D. ARBITRATION TRIBUNAL
40-15 Sec. 172.081. DECISION OF ARBITRATION TRIBUNAL. (a) Except
40-16 as agreed by the parties or as provided by Subsection (b), in an
40-17 arbitration with more than one arbitrator, a decision of the
40-18 arbitration tribunal must be made by a majority of its members.
40-19 (b) If authorized by the parties or all the members of the
40-20 arbitration tribunal, a presiding arbitrator may decide a
40-21 procedural question.
40-22 Sec. 172.082. DETERMINATION OF JURISDICTION OF ARBITRATION
40-23 TRIBUNAL. (a) The arbitration tribunal may rule on its own
40-24 jurisdiction, including an objection with respect to the existence
41-1 or validity of the arbitration agreement. For that purpose, an
41-2 arbitration clause that is part of a contract is an agreement
41-3 independent of the other terms of the contract. A decision by the
41-4 tribunal that the contract is void does not make the arbitration
41-5 clause invalid.
41-6 (b) A party may not plead that the arbitration tribunal does
41-7 not have jurisdiction after the submission of the statement of
41-8 defense. A party is not precluded from pleading because the party
41-9 has appointed or participated in the appointment of an arbitrator.
41-10 (c) A party may plead that the arbitration tribunal is
41-11 exceeding the scope of its authority only when the matter alleged
41-12 to be beyond the scope of its authority is raised during the
41-13 arbitration.
41-14 (d) The arbitration tribunal may allow a plea after the
41-15 period described by Subsection (b) or (c) if the tribunal considers
41-16 the delay justified.
41-17 (e) The arbitration tribunal may rule on a plea described by
41-18 Subsection (b), (c), or (d) as a preliminary question or in an
41-19 award on the merits.
41-20 (f) If the arbitration tribunal rules as a preliminary
41-21 question that it has jurisdiction, a party waives objection to the
41-22 ruling unless the party, not later than the 30th day after the date
41-23 the party receives notice of that ruling, requests the district
41-24 court of the county in which the place of arbitration is located to
42-1 decide the matter. The decision of the court is not subject to
42-2 appeal.
42-3 (g) While a request under Subsection (f) is pending before
42-4 the court, the arbitration tribunal may continue the arbitration
42-5 and make an award.
42-6 Sec. 172.083. INTERIM MEASURES ORDERED BY ARBITRATION
42-7 TRIBUNAL. (a) Except as agreed by the parties, the arbitration
42-8 tribunal, at the request of a party, may order a party to take an
42-9 interim measure of protection that the tribunal considers necessary
42-10 concerning the subject matter of the dispute.
42-11 (b) The arbitration tribunal may require a party to provide
42-12 appropriate security in connection with the interim measure
42-13 ordered.
42-14 (Sections 172.084-172.100 reserved for expansion)
42-15 SUBCHAPTER E. ARBITRATION PROCEEDINGS
42-16 Sec. 172.101. EQUAL TREATMENT OF PARTIES. The arbitration
42-17 tribunal shall:
42-18 (1) treat each party with equality; and
42-19 (2) give each party a full opportunity to present the
42-20 party's case.
42-21 Sec. 172.102. SUBSTANTIVE RULES. (a) The arbitration
42-22 tribunal shall decide the dispute according to the rules of law
42-23 designated by the parties as applicable to the substance of the
42-24 dispute.
43-1 (b) Unless otherwise expressed, a designation by the parties
43-2 of the law or legal system of a given state refers to the
43-3 substantive law of that state and not to conflict-of-laws rules.
43-4 (c) If the parties do not make a designation under
43-5 Subsection (a), the arbitration tribunal shall apply the law
43-6 determined by the conflict-of-laws rules that the tribunal
43-7 considers applicable.
43-8 (d) The arbitration tribunal shall decide ex aequo et bono
43-9 or as amiable compositeur if each party has expressly authorized it
43-10 to do so.
43-11 (e) In each case, the arbitration tribunal shall:
43-12 (1) decide in accordance with the terms of the
43-13 contract; and
43-14 (2) take into account the usages of the trade
43-15 applicable to the transaction.
43-16 Sec. 172.103. RULES OF PROCEDURE. (a) The parties may
43-17 agree on the procedure to be followed by the arbitration tribunal
43-18 in conducting the arbitration, subject to this chapter.
43-19 (b) If the parties do not agree, the arbitration tribunal
43-20 may conduct the arbitration in the manner it considers appropriate,
43-21 subject to this chapter.
43-22 Sec. 172.104. RULES OF EVIDENCE. The power of the
43-23 arbitration tribunal under Section 172.103(b) includes the power to
43-24 determine the admissibility, relevance, materiality, and weight of
44-1 any evidence.
44-2 Sec. 172.105. SUBPOENA. (a) The arbitration tribunal may
44-3 issue a subpoena as provided by Section 171.051.
44-4 (b) Section 171.052 applies with respect to a subpoena
44-5 issued under this section.
44-6 Sec. 172.106. PLACE OF ARBITRATION. (a) The parties may
44-7 agree on the place of arbitration.
44-8 (b) If the parties do not agree, the arbitration tribunal
44-9 shall determine the place of arbitration considering the
44-10 circumstances of the case, including the convenience of the
44-11 parties.
44-12 (c) Except as agreed by each party, the arbitration tribunal
44-13 may meet at any place it considers appropriate for:
44-14 (1) consultation among its members;
44-15 (2) hearing of witnesses, experts, or the parties; or
44-16 (3) inspection of documents, goods, or other property.
44-17 Sec. 172.107. COMMENCEMENT OF ARBITRATION. Except as agreed
44-18 by the parties, the arbitration begins on the date a request for
44-19 the dispute to be referred to arbitration is received by the
44-20 respondent.
44-21 Sec. 172.108. LANGUAGE. (a) The parties may agree on the
44-22 language or languages to be used in the arbitration.
44-23 (b) If the parties do not agree, the arbitration tribunal
44-24 shall determine the language or languages to be used in the
45-1 arbitration.
45-2 (c) Except as provided by the agreement or determination,
45-3 the agreement or determination applies to each:
45-4 (1) written statement by a party;
45-5 (2) hearing; and
45-6 (3) award, decision, or other communication by the
45-7 arbitration tribunal.
45-8 (d) The arbitration tribunal may order that documentary
45-9 evidence be accompanied by a translation into the selected language
45-10 or languages.
45-11 Sec. 172.109. STATEMENT OF CLAIM OR DEFENSE. (a) Within
45-12 the period agreed on by the parties or determined by the
45-13 arbitration tribunal:
45-14 (1) the claimant shall state:
45-15 (A) the facts supporting the claim;
45-16 (B) the points at issue; and
45-17 (C) the relief or remedy sought; and
45-18 (2) the respondent shall state the defense.
45-19 (b) A party may submit with the party's statement any
45-20 document the party considers relevant or may add a reference to a
45-21 document or other evidence the party will submit.
45-22 (c) The parties may otherwise agree as to the required
45-23 elements of the statements required by Subsection (a).
45-24 Sec. 172.110. SUPPLEMENT OR AMENDMENT TO STATEMENT. A party
46-1 may amend or supplement a claim or defense during the arbitration
46-2 unless:
46-3 (1) the parties have otherwise agreed; or
46-4 (2) the arbitration tribunal considers it
46-5 inappropriate to allow the amendment or supplement considering the
46-6 delay in making the amendment or supplement.
46-7 Sec. 172.111. HEARINGS. (a) Except as agreed by the
46-8 parties, the arbitration tribunal shall decide whether to:
46-9 (1) hold oral hearings for the presentation of
46-10 evidence or for oral argument; or
46-11 (2) conduct the arbitration on the basis of documents
46-12 and other materials.
46-13 (b) Unless the parties have agreed that oral hearings are
46-14 not to be held, the arbitration tribunal shall, on request of a
46-15 party, hold an oral hearing at an appropriate stage of the
46-16 arbitration.
46-17 (c) Each party shall be given sufficient advance notice of a
46-18 hearing or meeting of the arbitration tribunal to permit inspection
46-19 of documents, goods, or other property.
46-20 Sec. 172.112. HEARING OR MEETING IN CAMERA. Except as
46-21 agreed by the parties, the arbitration tribunal shall hold in
46-22 camera:
46-23 (1) an oral hearing; or
46-24 (2) a meeting in the arbitration.
47-1 Sec. 172.113. WRITTEN INFORMATION. (a) A statement,
47-2 document, or other information supplied to or an application made
47-3 to the arbitration tribunal by a party shall be communicated to the
47-4 other party.
47-5 (b) An expert report or evidentiary document on which the
47-6 arbitration tribunal may rely in making a decision shall be
47-7 communicated to each party.
47-8 Sec. 172.114. DEFAULT OF PARTY. (a) Except as agreed by
47-9 the parties, the arbitration tribunal shall terminate the
47-10 arbitration if the claimant without showing sufficient cause fails
47-11 to communicate the statement of claim required under Section
47-12 172.109.
47-13 (b) Except as agreed by the parties, if the respondent
47-14 without showing sufficient cause fails to communicate the statement
47-15 of defense as provided by Section 172.109, the arbitration tribunal
47-16 shall continue the arbitration without treating that failure as an
47-17 admission of the claimant's allegations.
47-18 Sec. 172.115. AWARD AFTER PARTY FAILS TO APPEAR OR PRODUCE
47-19 EVIDENCE. Except as agreed by the parties, if a party without
47-20 showing sufficient cause fails to appear at an oral hearing or to
47-21 produce documentary evidence, the arbitration tribunal may continue
47-22 the arbitration and make the arbitration award based on the
47-23 evidence before it.
47-24 Sec. 172.116. APPOINTED EXPERT. (a) Except as agreed by
48-1 the parties, the arbitration tribunal may:
48-2 (1) appoint an expert to report to it on a specific
48-3 issue to be determined by the tribunal; and
48-4 (2) require a party to:
48-5 (A) give the expert relevant information; or
48-6 (B) produce or provide access to relevant
48-7 documents, goods, or other property.
48-8 (b) Except as agreed by the parties, if a party requests or
48-9 if the arbitration tribunal considers it necessary, the expert
48-10 shall, after delivery of a written or oral report, participate in
48-11 an oral hearing at which each party may:
48-12 (1) question the expert; and
48-13 (2) present an expert witness on the issue.
48-14 Sec. 172.117. SETTLEMENT. (a) An arbitration tribunal may:
48-15 (1) encourage settlement of the dispute; and
48-16 (2) with the agreement of the parties, use mediation,
48-17 conciliation, or another procedure at any time during the
48-18 arbitration to encourage settlement.
48-19 (b) The arbitration tribunal shall terminate the arbitration
48-20 if the parties settle the dispute.
48-21 (c) If requested by the parties and not objected to by the
48-22 arbitration tribunal, the tribunal shall record the settlement in
48-23 the form of an award on agreed terms.
48-24 Sec. 172.118. TERMINATION OF PROCEEDINGS. (a) An
49-1 arbitration is terminated by the final arbitration award or by an
49-2 order of the arbitration tribunal under Subsection (b). The award
49-3 is final on the expiration of the applicable period under Section
49-4 172.147.
49-5 (b) The arbitration tribunal shall issue an order for the
49-6 termination of the arbitration if:
49-7 (1) the claimant withdraws the claim, unless the
49-8 respondent objects to the order and the arbitration tribunal
49-9 recognizes a legitimate interest on the respondent's part in
49-10 obtaining a final settlement of the dispute;
49-11 (2) the parties agree to the termination of the
49-12 arbitration; or
49-13 (3) the tribunal finds that continuation of the
49-14 arbitration is unnecessary or impossible.
49-15 (c) Subject to Sections 172.147, 172.148, and 172.149, the
49-16 mandate of the arbitration tribunal ends with the termination of
49-17 the arbitration.
49-18 (Sections 172.119-172.140 reserved for expansion)
49-19 SUBCHAPTER F. ARBITRATION AWARD
49-20 Sec. 172.141. FORM AND CONTENT OF ARBITRATION AWARD.
49-21 (a) An arbitration award must be in writing and signed by all the
49-22 members of the arbitration tribunal. In an arbitration with more
49-23 than one arbitrator, the signatures of the majority of the members
49-24 of the tribunal are sufficient if the reason for an omitted
50-1 signature is stated.
50-2 (b) The arbitration award must state the reasons on which it
50-3 is based, unless the parties have agreed that no reasons are to be
50-4 given, or the award is an award on agreed terms under Section
50-5 172.117.
50-6 (c) The arbitration award must state its date and the place
50-7 of arbitration as determined under Section 172.106. The award is
50-8 considered to have been made at that place.
50-9 Sec. 172.142. DELIVERY OF AWARD. After the arbitration
50-10 award is made, a signed copy shall be delivered to each party.
50-11 Sec. 172.143. INTERIM AWARD. (a) The arbitration tribunal
50-12 may, at any time during the arbitration, make an interim
50-13 arbitration award on a matter with respect to which it may make a
50-14 final award.
50-15 (b) An interim arbitration award is enforceable in the same
50-16 manner as a final award.
50-17 Sec. 172.144. INTEREST. Except as agreed by the parties,
50-18 the arbitration tribunal may award interest.
50-19 Sec. 172.145. COSTS. (a) Except as agreed by the parties,
50-20 an award of costs of an arbitration is at the discretion of the
50-21 arbitration tribunal.
50-22 (b) In making an order for costs:
50-23 (1) the arbitration tribunal may include any expenses
50-24 incurred in connection with the arbitration, including:
51-1 (A) the fees and expenses of the arbitrators and
51-2 expert witnesses;
51-3 (B) legal fees and expenses; and
51-4 (C) administration fees of the institution
51-5 supervising the arbitration; and
51-6 (2) the tribunal may specify:
51-7 (A) the party entitled to costs;
51-8 (B) the party required to pay costs;
51-9 (C) the amount of costs or method of determining
51-10 that amount; and
51-11 (D) the manner in which the costs are to be
51-12 paid.
51-13 Sec. 172.146. AWARD ON AGREED TERMS. (a) The arbitration
51-14 tribunal shall make an award on agreed terms as provided by Section
51-15 172.117. An award on agreed terms must state that it is an
51-16 arbitration award.
51-17 (b) An award on agreed terms has the same status and effect
51-18 as any other arbitration award on the substance of the dispute.
51-19 Sec. 172.147. CORRECTION AND INTERPRETATION OF AWARDS. (a)
51-20 Not later than the 30th day after the date of receipt of the
51-21 arbitration award, unless another period has been agreed to by the
51-22 parties, a party may request the arbitration tribunal to:
51-23 (1) correct in the award a computation, clerical, or
51-24 typographical error or a similar error; and
52-1 (2) interpret a part of the award, if agreed by the
52-2 parties.
52-3 (b) If the arbitration tribunal considers a request under
52-4 Subsection (a) to be justified, it shall make the correction or
52-5 give the interpretation not later than the 30th day after the date
52-6 of receipt of the request. The interpretation or correction
52-7 becomes part of the arbitration award.
52-8 (c) The arbitration tribunal may correct an error described
52-9 by Subsection (a)(1) on its own initiative not later than the 30th
52-10 day after the date of the arbitration award.
52-11 Sec. 172.148. ADDITIONAL AWARD. (a) Except as agreed by
52-12 the parties, a party may request, not later than the 30th day after
52-13 the date of receipt of the arbitration award, that the arbitration
52-14 tribunal make an additional award for a claim presented in the
52-15 arbitration but omitted from the award.
52-16 (b) If the arbitration tribunal considers the request to be
52-17 justified, the tribunal shall make the additional award not later
52-18 than the 60th day after the date of receipt of the request.
52-19 Sec. 172.149. EXTENSION OF TIME. The arbitration tribunal
52-20 may, if necessary, extend the period within which it may make a
52-21 correction, give an interpretation, or make an additional award
52-22 under Section 172.147 or 172.148.
52-23 Sec. 172.150. APPLICABLE LAW. Sections 172.141, 172.142,
52-24 172.144, and 172.145 apply to:
53-1 (1) a correction or interpretation of an arbitration
53-2 award under Section 172.147; or
53-3 (2) an additional award made under Section 172.148.
53-4 (Sections 172.151-172.170 reserved for expansion)
53-5 SUBCHAPTER G. JUDICIAL PROCEEDINGS
53-6 Sec. 172.171. ROLE OF COURT. A court may not intervene in a
53-7 matter governed by this chapter except as provided by this chapter
53-8 or federal law.
53-9 Sec. 172.172. ASSISTANCE IN TAKING EVIDENCE. The
53-10 arbitration tribunal or a party with the approval of the tribunal
53-11 may request assistance from a district court in taking evidence,
53-12 and the court may provide the assistance according to its rules on
53-13 taking evidence. The tribunal or a party shall select the district
53-14 court in the manner provided by Section 171.096.
53-15 Sec. 172.173. CONSOLIDATION. (a) If the parties to two or
53-16 more arbitration agreements agree, in the respective arbitration
53-17 agreements or otherwise, to consolidate the arbitrations arising
53-18 out of the agreements, a district court, on application by a party
53-19 with the consent of each other party to the agreements, may:
53-20 (1) order the arbitrations consolidated on terms the
53-21 court considers just and necessary;
53-22 (2) if all the parties cannot agree on a tribunal for
53-23 the consolidated arbitration, appoint an arbitration tribunal as
53-24 provided by Section 172.055; and
54-1 (3) if all the parties cannot agree on any other
54-2 matter necessary to conduct the consolidated arbitration, make any
54-3 other order the court considers necessary.
54-4 (b) The arbitration tribunal or the party shall select the
54-5 district court in the manner provided by Section 171.096.
54-6 (c) This section does not prevent the parties to two or more
54-7 arbitrations from agreeing to consolidate those arbitrations and
54-8 taking any step necessary to effect that consolidation.
54-9 Sec. 172.174. STAY OF COURT PROCEEDINGS. (a) On request of
54-10 a party, a court in which a pending judicial proceeding is being
54-11 brought by a party to an arbitration agreement to obtain relief
54-12 with respect to a matter covered by the arbitration agreement
54-13 shall:
54-14 (1) stay the judicial proceeding; and
54-15 (2) refer the parties to arbitration.
54-16 (b) A party may not make a request for a stay after the time
54-17 the requesting party submits the party's first statement on the
54-18 substance of the dispute.
54-19 (c) The court may not stay the proceeding if it finds that
54-20 the agreement is void, inoperable, or incapable of being performed.
54-21 (d) An arbitration may begin or continue, and an arbitration
54-22 tribunal may make an award, while an action described in this
54-23 section is pending before the court.
54-24 Sec. 172.175. INTERIM ORDERS. (a) A party to an
55-1 arbitration agreement may request an interim measure of protection
55-2 from a district court before or during an arbitration.
55-3 (b) A party to an arbitration may request from the court
55-4 enforcement of an order of an arbitration tribunal granting an
55-5 interim measure of protection under Section 172.083. The court
55-6 shall grant enforcement as provided by the law applicable to the
55-7 type of interim relief requested.
55-8 (c) In connection with a pending arbitration, the court may
55-9 take appropriate action, including:
55-10 (1) ordering an attachment issued to assure that the
55-11 award to which the applicant may be entitled is not rendered
55-12 ineffectual by the dissipation of party assets; or
55-13 (2) granting a preliminary injunction to protect a
55-14 trade secret or to conserve goods that are the subject matter of
55-15 the dispute.
55-16 (d) In considering a request for interim relief, the court
55-17 shall give preclusive effect to a finding of fact of the
55-18 arbitration tribunal in the arbitration, including a finding of
55-19 fact relating to the probable validity of the claim that is the
55-20 subject of the order for interim relief that the tribunal has
55-21 granted, if the interim order is consistent with public policy.
55-22 (e) If the arbitration tribunal has not ruled on an
55-23 objection to its jurisdiction, the court may not grant preclusive
55-24 effect to the tribunal's finding until the court makes an
56-1 independent finding as to the jurisdiction of the tribunal. If the
56-2 court rules that the tribunal did not have jurisdiction under
56-3 applicable law, the court shall deny the application for interim
56-4 measures of relief.
56-5 (Sections 172.176-172.200 reserved for expansion)
56-6 SUBCHAPTER H. PROVISIONS RELATING ONLY TO CONCILIATION
56-7 Sec. 172.201. POLICY. It is the policy of this state to
56-8 encourage parties to an international commercial agreement or
56-9 transaction that qualifies for arbitration or conciliation under
56-10 this chapter to resolve disputes arising from those agreements or
56-11 transactions through conciliation.
56-12 Sec. 172.202. APPOINTMENT OF CONCILIATOR. The parties to an
56-13 agreement or transaction may select or permit an arbitration
56-14 tribunal or other third party to select one or more persons to
56-15 serve as the conciliator or conciliators to assist the parties in
56-16 an independent and impartial manner to reach an amicable settlement
56-17 of the dispute.
56-18 Sec. 172.203. CONDUCT OF CONCILIATION. (a) A conciliator:
56-19 (1) shall be guided by principles of objectivity,
56-20 fairness, and justice; and
56-21 (2) shall consider, among other things:
56-22 (A) the rights and obligations of the parties;
56-23 (B) the usages of the trade concerned; and
56-24 (C) the circumstances surrounding the dispute,
57-1 including any previous practices between the parties.
57-2 (b) The conciliator may conduct the conciliation in a manner
57-3 that the conciliator considers appropriate, considering the
57-4 circumstances of the case, the wishes of the parties, and the
57-5 desirability of a speedy settlement of the dispute.
57-6 (c) Except as provided by this chapter, a law of this state
57-7 governing procedure, other than this chapter, does not apply to
57-8 conciliation under this chapter.
57-9 Sec. 172.204. REPRESENTATION AND ASSISTANCE. In a
57-10 conciliation proceeding, each party may appear in person or be
57-11 represented or assisted by a person of the party's choice.
57-12 Sec. 172.205. DRAFT CONCILIATION SETTLEMENT. (a) At any
57-13 time during the conciliation, the conciliator may prepare a draft
57-14 conciliation settlement and send a copy to each party, stating the
57-15 time within which each party must approve the settlement. The
57-16 draft conciliation settlement may include the assessment and
57-17 apportionment of costs between the parties.
57-18 (b) A party is not required to accept a proposed
57-19 conciliation settlement.
57-20 Sec. 172.206. CONFIDENTIALITY. (a) Evidence of anything
57-21 said or of an admission made in the course of a conciliation is not
57-22 admissible in evidence, and disclosure of that evidence may not be
57-23 compelled in an arbitration or civil action in which, under law,
57-24 testimony may be compelled to be given.
58-1 (b) Except as provided by a document prepared for the
58-2 purpose of, in the course of, or pursuant to the conciliation, the
58-3 document or a copy of the document is not admissible in evidence,
58-4 and disclosure of the document may not be compelled in an
58-5 arbitration or civil action in which, under law, testimony may be
58-6 compelled to be given.
58-7 (c) Subsection (a) does not limit the admissibility of
58-8 evidence if each party participating in conciliation consents to
58-9 the disclosure.
58-10 (d) If evidence is offered in violation of this section, the
58-11 arbitration tribunal or the court shall make any order it considers
58-12 appropriate to deal with the matter, including an order restricting
58-13 the introduction of evidence or dismissing the case without
58-14 prejudice.
58-15 Sec. 172.207. STAY OF ARBITRATION AND RESORT TO OTHER
58-16 PROCEEDINGS. (a) The agreement of the parties to submit a dispute
58-17 to conciliation is an agreement of the parties to stay a judicial
58-18 proceeding or arbitration from the beginning of conciliation until
58-19 the termination of conciliation.
58-20 (b) Each applicable limitation period, including a period of
58-21 prescription, is tolled or extended on the beginning of a
58-22 conciliation under this chapter for each party to the conciliation
58-23 until the 10th day following the date of termination of the
58-24 conciliation.
59-1 (c) For purposes of this section, conciliation begins when a
59-2 party requests conciliation of a dispute and each other party
59-3 agrees to participate in the conciliation.
59-4 Sec. 172.208. TERMINATION OF CONCILIATION. (a) A
59-5 conciliation proceeding may be terminated as to each party by:
59-6 (1) a written declaration of each conciliator, after
59-7 consultation with the parties, that further efforts at conciliation
59-8 are not justified, on the date of the declaration;
59-9 (2) a written declaration of each party addressed to
59-10 each conciliator that the conciliation is terminated, on the date
59-11 of the declaration; or
59-12 (3) the signing of a settlement agreement by each
59-13 party, on the date of the agreement.
59-14 (b) The conciliation proceedings may be terminated as to
59-15 particular parties by:
59-16 (1) a written declaration of a party to each other
59-17 party and each conciliator, if appointed, that the conciliation is
59-18 terminated as to that party, on the date of the declaration; or
59-19 (2) the signing of a settlement agreement by some of
59-20 the parties, on the date of the agreement.
59-21 Sec. 172.209. CONFLICT OF INTEREST. Except as provided by
59-22 rules adopted for the conciliation or arbitration, a person who has
59-23 served as conciliator may not be appointed as an arbitrator for or
59-24 take part in an arbitration or judicial proceeding in the same
60-1 dispute unless each party consents to the participation.
60-2 Sec. 172.210. PARTICIPATION NOT WAIVER OF RIGHTS. (a) A
60-3 party by submitting to conciliation does not waive a right or
60-4 remedy that party would have had if conciliation had not been
60-5 initiated.
60-6 (b) Subsection (a) does not apply to the waiver of a right
60-7 or remedy stated in a settlement resulting from the conciliation.
60-8 Sec. 172.211. ENFORCEABILITY. A conciliation agreement has
60-9 the same force and effect as a final arbitration award if the
60-10 agreement:
60-11 (1) settles the dispute;
60-12 (2) is in writing; and
60-13 (3) is signed by each conciliator and each party or a
60-14 representative of each party.
60-15 Sec. 172.212. COSTS. (a) On termination of the
60-16 conciliation proceedings, the conciliator shall set the costs of
60-17 the conciliation and give written notice of the costs to each
60-18 party.
60-19 (b) The parties shall bear the costs equally unless the
60-20 settlement agreement provides for a different apportionment. A
60-21 party shall bear any other expense incurred by that party.
60-22 (c) In this section, "costs" includes only:
60-23 (1) a reasonable fee to be paid to each conciliator;
60-24 (2) travel and other reasonable expenses of each
61-1 conciliator and each witness requested by the conciliator with the
61-2 consent of each party;
61-3 (3) the cost of expert advice requested by the
61-4 conciliator with the consent of each party; and
61-5 (4) any court cost.
61-6 Sec. 172.213. NO CONSENT TO JURISDICTION. A request for
61-7 conciliation, a consent to participate or participation in the
61-8 conciliation, or the entering into a conciliation agreement or
61-9 settlement is not consent to the jurisdiction of a court in this
61-10 state if conciliation fails.
61-11 Sec. 172.214. NOT SUBJECT TO SERVICE OF PROCESS. A
61-12 conciliator, party, or representative of a conciliator or party,
61-13 while present in this state to arrange for or participate in
61-14 conciliation under this chapter, is not subject to service of
61-15 process in a civil matter related to the conciliation.
61-16 Sec. 172.215. CONCILIATOR IMMUNE. A conciliator is not
61-17 liable in an action for damages resulting from an act or omission
61-18 in the performance of the person's role as a conciliator in a
61-19 proceeding subject to this chapter.
61-20 SECTION 5.03. Chapter 173, Civil Practice and Remedies Code,
61-21 is revised to read as follows:
61-22 CHAPTER 173. ARBITRATION OF CONTROVERSIES BETWEEN
61-23 MEMBERS OF CERTAIN NONPROFIT ENTITIES
61-24 Sec. 173.001. PURPOSE. The purpose of this chapter is to
62-1 abrogate the common law arbitration rule prohibiting specific
62-2 enforcement of executory arbitration agreements.
62-3 Sec. 173.002. SCOPE OF CHAPTER. This chapter applies only
62-4 to the arbitration of a controversy between members of an
62-5 association or corporation that is:
62-6 (1) exempt from the payment of federal income taxes
62-7 under Section 501(a) of the Internal Revenue Code of 1986 by being
62-8 listed as an exempt organization under Section 501(c) of the code;
62-9 or
62-10 (2) incorporated under the Texas Non-Profit
62-11 Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil
62-12 Statutes).
62-13 Sec. 173.003. AGREEMENT OR BYLAW PROVISION VALID. (a) A
62-14 written agreement to submit a controversy to arbitration at common
62-15 law is valid and enforceable if the agreement is to arbitrate a
62-16 controversy that arises between the parties after the date of the
62-17 agreement.
62-18 (b) A party may revoke the agreement only on a ground that
62-19 exists at law or in equity for the revocation of a contract.
62-20 (c) A provision in the bylaws of a nonprofit corporation
62-21 incorporated under the Texas Non-Profit Corporation Act (Article
62-22 1396-1.01 et seq., Vernon's Texas Civil Statutes) that requires a
62-23 member of the corporation to arbitrate at common law a controversy
62-24 that subsequently arises between members is a valid, enforceable,
63-1 and irrevocable agreement by a member of the corporation to
63-2 arbitrate the controversy.
63-3 Sec. 173.004. COMMON LAW PRESERVED. This chapter is
63-4 cumulative of other law relating to common law arbitration. Except
63-5 as specifically provided by this chapter, this chapter does not
63-6 abrogate or repeal that other law.
63-7 ARTICLE 6. CHANGES RELATING TO EDUCATION CODE
63-8 SECTION 6.01. Sections 7.021, 7.055, and 7.102, Education
63-9 Code, are amended to provide for a more easily amendable
63-10 arrangement of those sections to read as follows:
63-11 Sec. 7.021. TEXAS EDUCATION AGENCY POWERS AND DUTIES.
63-12 (a) The agency shall perform the [following] educational functions
63-13 provided by Subsection (b).[:]
63-14 (b)(1) The agency shall administer and monitor compliance
63-15 with education programs required by federal or state law, including
63-16 federal funding and state funding for those programs.
63-17 (2) The agency shall conduct research, analysis, and
63-18 reporting to improve teaching and learning.
63-19 (3) The agency shall conduct hearings involving state
63-20 school law at the direction and under the supervision of the
63-21 commissioner.
63-22 (4) The agency shall establish and implement pilot
63-23 programs established by this title.
63-24 (5) The agency shall carry out the duties relating to
64-1 the investment capital fund under Section 7.024.
64-2 (6) The agency shall develop and implement a teacher
64-3 recruitment program as provided by Section 21.004.
64-4 (7) The agency shall carry out duties under the Texas
64-5 Advanced Placement Incentive Program under Subchapter C, Chapter
64-6 28.
64-7 (8) The agency shall carry out powers and duties
64-8 relating to adult and community education as required under
64-9 Subchapter H, Chapter 29.
64-10 (9) The agency shall develop a program of instruction
64-11 in driver education and traffic safety as provided by Section
64-12 29.902.
64-13 (10) The agency shall carry out duties assigned under
64-14 Section 30.002 concerning children with visual impairments.
64-15 (11) The agency shall carry out powers and duties
64-16 related to regional day school programs for the deaf as provided
64-17 under Subchapter D, Chapter 30.
64-18 (12) The agency shall establish and maintain an
64-19 electronic information transfer system as required under Section
64-20 32.032, maintain and expand telecommunications capabilities of
64-21 school districts and regional education service centers as required
64-22 under Section 32.033, and establish technology demonstration
64-23 programs as required under Section 32.035.
64-24 (13) The agency shall review school district budgets,
65-1 audit reports, and other fiscal reports as required under Sections
65-2 44.008 and 44.010 and prescribe forms for financial reports made by
65-3 or for school districts to the commissioner or the agency as
65-4 required under Section 44.009.
65-5 (14) The agency shall cooperate with the Texas Higher
65-6 Education Coordinating Board in connection with the Texas
65-7 partnership and scholarship program under Subchapter P, Chapter 61.
65-8 (c) [(b)] The agency may enter into an agreement with a
65-9 federal agency concerning a project related to education, including
65-10 the provision of school lunches and the construction of school
65-11 buildings. Not later than the 30th day before the date the agency
65-12 enters into an agreement under this subsection concerning a new
65-13 project or reauthorizing a project, the agency must provide written
65-14 notice, including a description of the project, to:
65-15 (1) the governor;
65-16 (2) the Legislative Budget Board; and
65-17 (3) the presiding officers of the standing committees
65-18 of the senate and of the house of representatives with primary
65-19 jurisdiction over the agency.
65-20 Sec. 7.055. COMMISSIONER OF EDUCATION POWERS AND DUTIES.
65-21 (a) The commissioner has the [following] powers and duties
65-22 provided by Subsection (b).[:]
65-23 (b)(1) The commissioner shall serve as the educational
65-24 leader of the state.
66-1 (2) The commissioner shall serve as executive officer
66-2 of the agency and as executive secretary of the board.
66-3 (3) The commissioner shall carry out the duties
66-4 imposed on the commissioner by the board or the legislature.
66-5 (4) The commissioner shall prescribe a uniform system
66-6 of forms, reports, and records necessary to fulfill the reporting
66-7 and recordkeeping requirements of this title.
66-8 (5) The commissioner may delegate ministerial and
66-9 executive functions to agency staff and may employ division heads
66-10 and any other employees and clerks to perform the duties of the
66-11 agency.
66-12 (6) The commissioner shall adopt an annual budget for
66-13 operating the Foundation School Program as prescribed by Subsection
66-14 (c) [(b)].
66-15 (7) The commissioner may issue vouchers for the
66-16 expenditures of the agency and shall examine and must approve any
66-17 account to be paid out of the school funds by the state treasurer
66-18 before the comptroller may issue a warrant.
66-19 (8) The commissioner shall file annually with the
66-20 governor and the Legislative Budget Board a complete and detailed
66-21 written report accounting for all funds received and disbursed by
66-22 the agency during the preceding fiscal year.
66-23 (9) The commissioner shall have a manual published at
66-24 least once every two years that contains Title 1 and this title,
67-1 any other provisions of this code relating specifically to public
67-2 primary or secondary education, and an appendix of all other state
67-3 laws relating to public primary or secondary education and shall
67-4 provide for the distribution of the manual as determined by the
67-5 board.
67-6 (10) The commissioner may visit different areas of
67-7 this state, address teachers' associations and educational
67-8 gatherings, instruct teachers, and promote all aspects of education
67-9 and may be reimbursed for necessary travel expenses incurred under
67-10 this subdivision to the extent authorized by the General
67-11 Appropriations Act.
67-12 (11) The commissioner may appoint advisory committees,
67-13 in accordance with Chapter 2110, Government Code [Article 6252-33,
67-14 Revised Statutes], as necessary to advise the commissioner in
67-15 carrying out the duties and mission of the agency.
67-16 (12) The commissioner shall appoint an agency auditor.
67-17 (13) The commissioner may provide for reductions in
67-18 the number of agency employees.
67-19 (14) The commissioner shall carry out duties relating
67-20 to the investment capital fund under Section 7.024.
67-21 (15) The commissioner shall review and act, if
67-22 necessary, on applications for waivers under Section 7.056.
67-23 (16) The commissioner shall carry out duties relating
67-24 to regional education service centers as specified under Chapter 8.
68-1 (17) The commissioner shall distribute funds to
68-2 open-enrollment charter schools as required under Subchapter D,
68-3 Chapter 12.
68-4 (18) The commissioner shall adopt a recommended
68-5 appraisal process and criteria on which to appraise the performance
68-6 of teachers, a recommended appraisal process and criteria on which
68-7 to appraise the performance of administrators, and a job
68-8 description and evaluation form for use in evaluating counselors,
68-9 as provided by Subchapter H, Chapter 21.
68-10 (19) The commissioner shall coordinate and implement
68-11 teacher recruitment programs under Section 21.004.
68-12 (20) The commissioner shall perform duties in
68-13 connection with the certification and assignment of hearing
68-14 examiners as provided by Subchapter F, Chapter 21.
68-15 (21) The commissioner shall carry out duties under the
68-16 Texas Advanced Placement Incentive Program under Subchapter C,
68-17 Chapter 28.
68-18 (22) The commissioner may adopt rules for optional
68-19 extended year programs under Section 29.082.
68-20 (23) The commissioner shall monitor and evaluate
68-21 prekindergarten programs and other child-care programs as required
68-22 under Section 29.154.
68-23 (24) The commissioner, with the approval of the board,
68-24 shall develop and implement a plan for the coordination of services
69-1 to children with disabilities as required under Section 30.001.
69-2 (25) The commissioner shall develop a system to
69-3 distribute to school districts or regional education service
69-4 centers a special supplemental allowance for students with visual
69-5 impairments as required under Section 30.002.
69-6 (26) The commissioner, with the assistance of the
69-7 comptroller, shall determine amounts to be distributed to the Texas
69-8 School for the Blind and Visually Impaired and the Texas School for
69-9 the Deaf as provided by Section 30.003 and to the Texas Youth
69-10 Commission as provided by Section 30.102.
69-11 (27) The commissioner shall establish a procedure for
69-12 resolution of disputes between a school district and the Texas
69-13 School for the Blind and Visually Impaired under Section 30.021.
69-14 (28) The commissioner shall perform duties relating to
69-15 the funding, adoption, and purchase of textbooks under Chapter 31.
69-16 (29) The commissioner may enter into contracts
69-17 concerning technology in the public school system as authorized
69-18 under Chapter 32.
69-19 (30) The commissioner shall adopt a recommended
69-20 contract form for the use, acquisition, or lease with option to
69-21 purchase of school buses under Section 34.009.
69-22 (31) The commissioner shall ensure that the cost of
69-23 using school buses for a purpose other than the transportation of
69-24 students to or from school is properly identified in the Public
70-1 Education Information Management System (PEIMS) under Section
70-2 34.010.
70-3 (32) The commissioner shall perform duties in
70-4 connection with the public school accountability system as
70-5 prescribed by Chapter 39.
70-6 (33) The commissioner shall develop and propose to the
70-7 legislature an assessment system for students exempted from the
70-8 generally applicable assessment program under Subchapter B, Chapter
70-9 39.
70-10 (34) The commissioner shall perform duties in
70-11 connection with the equalized wealth level under Chapter 41.
70-12 (35) The commissioner shall perform duties in
70-13 connection with the Foundation School Program as prescribed by
70-14 Chapter 42.
70-15 (36) The commissioner shall establish advisory
70-16 guidelines relating to the fiscal management of a school district
70-17 and report annually to the board on the status of school district
70-18 fiscal management as required under Section 44.001.
70-19 (37) The commissioner shall review school district
70-20 audit reports as required under Section 44.008.
70-21 (38) The commissioner shall perform duties in
70-22 connection with the guaranteed bond program as prescribed by
70-23 Subchapter C, Chapter 45.
70-24 (39) The commissioner shall cooperate with the Texas
71-1 Higher Education Coordinating Board in connection with the Texas
71-2 partnership and scholarship program under Subchapter P, Chapter 61.
71-3 (40) The commissioner shall suspend the certificate of
71-4 an educator or permit of a teacher who violates Chapter 617,
71-5 Government Code.
71-6 (c) [(b)] The budget the commissioner adopts under
71-7 Subsection (b) [(a)] for operating the Foundation School Program
71-8 must be in accordance with legislative appropriations and provide
71-9 funds for the administration and operation of the agency and any
71-10 other necessary expense. The budget must designate any expense of
71-11 operating the agency or operating a program for which the board has
71-12 responsibility that is paid from the Foundation School Program.
71-13 The budget must designate program expenses that may be paid out of
71-14 the foundation school fund, other state funds, fees, federal funds,
71-15 or funds earned under interagency contract. Before adopting the
71-16 budget, the commissioner must submit the budget to the board for
71-17 review and, after receiving any comments of the board, present the
71-18 operating budget to the governor and the Legislative Budget Board.
71-19 The commissioner shall provide appropriate information on proposed
71-20 budget expenditures to the comptroller to assure that all payments
71-21 are paid from the appropriate funds in a timely and efficient
71-22 manner.
71-23 Sec. 7.102. STATE BOARD OF EDUCATION POWERS AND DUTIES.
71-24 (a) The board may perform only those duties relating to school
72-1 districts or regional education service centers assigned to the
72-2 board by the constitution of this state or by this subchapter or
72-3 another provision of this code.
72-4 (b) The board has the [following] powers and duties provided
72-5 by Subsection (c), which shall be carried out with the advice and
72-6 assistance of the commissioner.[:]
72-7 (c)(1) The board shall develop and update a long-range plan
72-8 for public education.
72-9 (2) The board may enter into contracts relating to or
72-10 accept grants for the improvement of educational programs
72-11 specifically authorized by statute.
72-12 (3) The board may accept a gift, donation, or other
72-13 contribution on behalf of the public school system or agency and,
72-14 unless otherwise specified by the donor, may use the contribution
72-15 in the manner the board determines.
72-16 (4) The board shall establish curriculum and
72-17 graduation requirements.
72-18 (5) The board shall establish a standard of
72-19 performance considered satisfactory on student assessment
72-20 instruments.
72-21 (6) The board shall adopt rules to provide for
72-22 regional education service center boards of directors as provided
72-23 by Section 8.003 and rules under which a regional education service
72-24 center may receive and spend grants under Section 8.124.
73-1 (7) The board may create special-purpose school
73-2 districts under Chapter 11.
73-3 (8) The board shall provide for a training course for
73-4 school district trustees under Section 11.159.
73-5 (9) The board shall adopt a procedure to be used for
73-6 placing on probation or revoking a home-rule school district
73-7 charter as required by Subchapter B, Chapter 12, and may place on
73-8 probation or revoke a home-rule school district charter as provided
73-9 by that subchapter.
73-10 (10) The board may grant an open-enrollment charter or
73-11 approve a charter revision as provided by Subchapter D, Chapter 12.
73-12 (11) The board shall adopt rules establishing criteria
73-13 for certifying hearing examiners as provided by Section 21.252.
73-14 (12) The board shall adopt rules to carry out the
73-15 curriculum required or authorized under Section 28.002.
73-16 (13) The board shall establish guidelines for credit
73-17 by examination under Section 28.023.
73-18 (14) The board shall adopt transcript forms and
73-19 standards for differentiating high school programs for purposes of
73-20 reporting academic achievement under Section 28.025.
73-21 (15) The board shall adopt guidelines for determining
73-22 financial need for purposes of the Texas Advanced Placement
73-23 Incentive Program under Subchapter C, Chapter 28, and may approve
73-24 payments as provided by that subchapter.
74-1 (16) The board shall adopt criteria for identifying
74-2 gifted and talented students and shall develop and update a state
74-3 plan for the education of gifted and talented students as required
74-4 under Subchapter D, Chapter 29.
74-5 (17) The board shall adopt rules for approving adult
74-6 education programs as required under Section 29.253 and may
74-7 establish an adult education advisory committee under Section
74-8 29.254.
74-9 (18) The board shall adopt rules relating to community
74-10 education development projects as required under Section 29.257.
74-11 (19) The board may approve the plan to be developed
74-12 and implemented by the commissioner for the coordination of
74-13 services to children with disabilities as required under Section
74-14 30.001.
74-15 (20) The board shall establish a date by which each
74-16 school district and state institution shall provide to the
74-17 commissioner the necessary information to determine the district's
74-18 share of the cost of the education of a student enrolled in the
74-19 Texas School for the Blind and Visually Impaired or the Texas
74-20 School for the Deaf as required under Section 30.003 and may adopt
74-21 other rules concerning funding of the education of students
74-22 enrolled in the Texas School for the Blind and Visually Impaired or
74-23 the Texas School for the Deaf as authorized under Section 30.003.
74-24 (21) The board shall adopt rules prescribing the form
75-1 and content of information school districts are required to provide
75-2 concerning programs offered by state institutions as required under
75-3 Section 30.004.
75-4 (22) The board shall adopt rules concerning admission
75-5 of students to the Texas School for the Deaf as required under
75-6 Section 30.057.
75-7 (23) The board shall carry out powers and duties
75-8 related to regional day school programs for the deaf as provided
75-9 under Subchapter D, Chapter 30.
75-10 (24) The board shall adopt and purchase or license
75-11 textbooks as provided by Chapter 31 and adopt rules required by
75-12 that chapter.
75-13 (25) The board shall develop and update a long-range
75-14 plan concerning technology in the public school system as required
75-15 under Section 32.001 and shall adopt rules and policies concerning
75-16 technology in public schools as provided by Chapter 32.
75-17 (26) The board shall conduct feasibility studies
75-18 related to the telecommunications capabilities of school districts
75-19 and regional education service centers as provided by Section
75-20 32.033.
75-21 (27) The board shall appoint a board of directors of
75-22 the center for educational technology under Section 32.034.
75-23 (28) The board shall adopt rules relating to
75-24 extracurricular activities under Section 33.081 and approve,
76-1 disapprove, or modify University Interscholastic League rules and
76-2 procedures under Section 33.083.
76-3 (29) The board shall approve a program for testing
76-4 students for dyslexia and related disorders as provided by Section
76-5 38.003.
76-6 (30) The board shall perform duties in connection with
76-7 the public school accountability system as prescribed by Chapter
76-8 39.
76-9 (31) The board shall perform duties in connection with
76-10 the Foundation School Program as prescribed by Chapter 42.
76-11 (32) The board may invest the permanent school fund
76-12 within the limits of the authority granted by Section 5, Article
76-13 VII, Texas Constitution, and Chapter 43.
76-14 (33) The board shall adopt rules concerning school
76-15 district budgets and audits of school district fiscal accounts as
76-16 required under Subchapter A, Chapter 44.
76-17 (34) The board shall adopt an annual report on the
76-18 status of the guaranteed bond program and may adopt rules as
76-19 necessary for the administration of the program as provided under
76-20 Subchapter C, Chapter 45.
76-21 (35) The board shall prescribe uniform bid blanks for
76-22 school districts to use in selecting a depository bank as required
76-23 under Section 45.206.
76-24 (d) [(c)] The board may adopt rules relating to school
77-1 districts or regional education service centers only as required to
77-2 carry out the specific duties assigned to the board by the
77-3 constitution or under Subsection (c) [(b)].
77-4 (e) [(d)] An action of the board to adopt a rule under this
77-5 section is effective only if the board includes in the rule's
77-6 preamble a statement of the specific authority under Subsection (c)
77-7 [(b)] to adopt the rule.
77-8 (f) [(e)] Except as otherwise provided by this subsection, a
77-9 rule adopted by the board under this section does not take effect
77-10 until the beginning of the school year that begins at least 90 days
77-11 after the date on which the rule was adopted. The rule takes
77-12 effect earlier if the rule's preamble specifies an earlier
77-13 effective date and the reason for that earlier date and:
77-14 (1) the earlier effective date is a requirement of:
77-15 (A) a federal law; or
77-16 (B) a state law that specifically refers to this
77-17 section and expressly requires the adoption of an earlier effective
77-18 date; or
77-19 (2) on the affirmative vote of two-thirds of the
77-20 members of the board, the board makes a finding that an earlier
77-21 effective date is necessary.
77-22 SECTION 6.02. Section 30.052(a), Education Code, is amended
77-23 to conform to Section 29, Chapter 835, Acts of the 74th
77-24 Legislature, Regular Session, 1995, to read as follows:
78-1 (a) The Texas School for the Deaf is governed by a
78-2 nine-member board appointed by the governor in accordance with this
78-3 section and confirmed by the senate. A person may not serve
78-4 simultaneously on the school's governing board and the board of the
78-5 Texas Commission for the Deaf and Hard of Hearing [Impaired]. Each
78-6 member of the board must be a person who is experienced in working
78-7 with persons who are deaf or hard of hearing, a person who is the
78-8 parent of a person who is deaf, or a person who is deaf. The
78-9 board, at least five of whom must be deaf, consists of:
78-10 (1) at least one person who is an alumnus of the Texas
78-11 School for the Deaf;
78-12 (2) at least three persons who are parents of a deaf
78-13 person; and
78-14 (3) at least three persons who are experienced in
78-15 working with deaf persons.
78-16 SECTION 6.03. Sections 42.259(b), (c), and (d), Education
78-17 Code, are amended to conform to Section 31, Chapter 426, Acts of
78-18 the 74th Legislature, Regular Session, 1995, to read as follows:
78-19 (b) Payments from the foundation school fund to each
78-20 category 1 school district shall be made as follows:
78-21 (1) 15 [21] percent of the yearly entitlement of the
78-22 district shall be paid in an installment [two equal installments]
78-23 to be made on or before the 25th day of September [and October] of
78-24 a fiscal year;
79-1 (2) 80 [57] percent of the yearly entitlement of the
79-2 district shall be paid in eight [six] equal installments to be made
79-3 on or before the 25th day of October, November, December, January,
79-4 [February,] March, May, June, and July; and
79-5 (3) five [22] percent of the yearly entitlement of the
79-6 district shall be paid in an installment [two equal installments]
79-7 to be made on or before the 25th day of February [April and May].
79-8 (c) Payments from the foundation school fund to each
79-9 category 2 school district shall be made as follows:
79-10 (1) 22 [21] percent of the yearly entitlement of the
79-11 district shall be paid in an installment [two equal installments]
79-12 to be made on or before the 25th day of September [and October] of
79-13 a fiscal year;
79-14 (2) 18 [38] percent of the yearly entitlement of the
79-15 district shall be paid in an installment [four equal installments]
79-16 to be made on or before the 25th day of October [November,
79-17 December, March, and July];
79-18 (3) 9.5 [seven] percent of the yearly entitlement of
79-19 the district shall be paid in an installment [two equal
79-20 installments] to be made on or before the 25th day of November
79-21 [January and February];
79-22 (4) 7.5 [22] percent of the yearly entitlement of the
79-23 district shall be paid in an installment [two equal installments]
79-24 to be made on or before the 25th day of April [and May]; [and]
80-1 (5) five [12] percent of the yearly entitlement of the
80-2 district shall be paid in an installment [two equal installments]
80-3 to be made on or before the 25th day of May;
80-4 (6) 10 percent of the yearly entitlement of the
80-5 district shall be paid in an installment to be made on or before
80-6 the 25th day of June;
80-7 (7) 13 percent of the yearly entitlement of the
80-8 district shall be paid in an installment to be made on or before
80-9 the 25th day of July; and
80-10 (8) 15 percent of the yearly entitlement of the
80-11 district shall be paid in an installment to be made on or before
80-12 the 25th day of August [June and August].
80-13 (d) Payments from the foundation school fund to each
80-14 category 3 school district shall be made as follows:
80-15 (1) 45 [21] percent of the yearly entitlement of the
80-16 district shall be paid in an installment [two equal installments]
80-17 to be made on or before the 25th day of September [and October] of
80-18 a fiscal year;
80-19 (2) 35 [57] percent of the yearly entitlement of the
80-20 district shall be paid in an installment [six equal installments]
80-21 to be made on or before the 25th day of October [November,
80-22 December, March, June, July, and August]; and
80-23 (3) 20 [22] percent of the yearly entitlement of the
80-24 district shall be paid in an installment [two equal installments]
81-1 to be made on or before the 25th day of August [April and May].
81-2 SECTION 6.04. The changes in law made by Sections 6.04-6.83
81-3 of this article are made to conform to the changes in law made by
81-4 S.B. No. 1 (Chapter 260, Acts of the 74th Legislature, Regular
81-5 Session, 1995).
81-6 SECTION 6.05. Article 102.014(c), Code of Criminal
81-7 Procedure, is amended to read as follows:
81-8 (c) A person convicted of an offense under Subtitle C, Title
81-9 7, Transportation Code [the Uniform Act Regulating Traffic on
81-10 Highways (Article 6701d, Vernon's Texas Civil Statutes)], when the
81-11 offense occurs within a school crossing zone as defined by Section
81-12 541.302 [20L] of that code [Act], shall pay as court costs $20 in
81-13 addition to other taxable court costs. A person convicted of an
81-14 offense under Section 545.066, Transportation Code [104, Uniform
81-15 Act Regulating Traffic on Highways (Article 6701d, Vernon's Texas
81-16 Civil Statutes)], shall pay as court costs $20 in addition to other
81-17 taxable court costs. A person convicted of an offense under
81-18 Section 25.093 [4.25], Education Code, shall pay as taxable court
81-19 costs $20 in addition to other taxable court costs. The additional
81-20 court costs under this subsection shall be collected in the same
81-21 manner that other fines and taxable court costs in the case are
81-22 collected.
81-23 SECTION 6.06. Section 51.02(15), Family Code, is amended to
81-24 read as follows:
82-1 (15) "Status offender" means a child who is accused,
82-2 adjudicated, or convicted for conduct that would not, under state
82-3 law, be a crime if committed by an adult, including:
82-4 (A) truancy under Section 51.03(b)(2);
82-5 (B) running away from home under Section
82-6 51.03(b)(3);
82-7 (C) a fineable only offense under Section
82-8 51.03(b)(1) transferred to the juvenile court under Section
82-9 51.08(b), but only if the conduct constituting the offense would
82-10 not have been criminal if engaged in by an adult;
82-11 (D) failure to attend school under Section
82-12 25.094 [4.251], Education Code;
82-13 (E) a violation of standards of student conduct
82-14 as described by Section 51.03(b)(6);
82-15 (F) a violation of a juvenile curfew ordinance
82-16 or order;
82-17 (G) a violation of a provision of the Alcoholic
82-18 Beverage Code applicable to minors only; or
82-19 (H) a violation of any other fineable only
82-20 offense under Section 8.07(a)(4) or (5), Penal Code, but only if
82-21 the conduct constituting the offense would not have been criminal
82-22 if engaged in by an adult.
82-23 SECTION 6.07. Section 51.03(b), Family Code, is amended to
82-24 read as follows:
83-1 (b) Conduct indicating a need for supervision is:
83-2 (1) subject to Subsection (f) of this section,
83-3 conduct, other than a traffic offense, that violates:
83-4 (A) the penal laws of this state of the grade of
83-5 misdemeanor that are punishable by fine only; or
83-6 (B) the penal ordinances of any political
83-7 subdivision of this state;
83-8 (2) the unexcused voluntary absence of a child on 10
83-9 or more days or parts of days within a six-month period or three or
83-10 more days or parts of days within a four-week period from school
83-11 without the consent of his parents;
83-12 (3) the voluntary absence of a child from his home
83-13 without the consent of his parent or guardian for a substantial
83-14 length of time or without intent to return;
83-15 (4) conduct which violates the laws of this state
83-16 prohibiting driving while intoxicated or under the influence of
83-17 intoxicating liquor (first or second offense) or driving while
83-18 under the influence of any narcotic drug or of any other drug to a
83-19 degree which renders him incapable of safely driving a vehicle
83-20 (first or second offense);
83-21 (5) conduct prohibited by city ordinance or by state
83-22 law involving the inhalation of the fumes or vapors of paint and
83-23 other protective coatings or glue and other adhesives and the
83-24 volatile chemicals itemized in Section 484.002, Health and Safety
84-1 Code;
84-2 (6) an act that violates a school district's
84-3 previously communicated written standards of student conduct for
84-4 which the child has been expelled under Section 37.007 [21.3011],
84-5 Education Code; or
84-6 (7) conduct that violates a reasonable and lawful
84-7 order of a court entered under Section 264.305.
84-8 SECTION 6.08. Section 52.01(a), Family Code, is amended to
84-9 read as follows:
84-10 (a) A child may be taken into custody:
84-11 (1) pursuant to an order of the juvenile court under
84-12 the provisions of this subtitle;
84-13 (2) pursuant to the laws of arrest;
84-14 (3) by a law-enforcement officer, including a school
84-15 district peace officer commissioned under Section 37.081 [21.483],
84-16 Education Code, if there is probable cause to believe that the
84-17 child has engaged in:
84-18 (A) conduct that violates a penal law of this
84-19 state or a penal ordinance of any political subdivision of this
84-20 state; or
84-21 (B) delinquent conduct or conduct indicating a
84-22 need for supervision;
84-23 (4) by a probation officer if there is probable cause
84-24 to believe that the child has violated a condition of probation
85-1 imposed by the juvenile court; or
85-2 (5) pursuant to a directive to apprehend issued as
85-3 provided by Section 52.015.
85-4 SECTION 6.09. Section 54.041(f), Family Code, is amended to
85-5 read as follows:
85-6 (f) If a child is found to have engaged in conduct
85-7 indicating a need for supervision described under Section
85-8 51.03(b)(2) of this code, the court may order the child's parents
85-9 or guardians to attend a class described by Section 25.093(h)
85-10 [provided under Section 21.035(h)], Education Code, if the school
85-11 district in which the child's parents or guardians reside offers a
85-12 class under that section.
85-13 SECTION 6.10. Section 264.701(b), Family Code, is amended to
85-14 read as follows:
85-15 (b) The committee is appointed by the Board of Protective
85-16 and Regulatory Services and is composed of the following 15
85-17 members:
85-18 (1) an officer or employee of the Texas [Central]
85-19 Education Agency;
85-20 (2) an officer or employee of the Department of
85-21 Protective and Regulatory Services;
85-22 (3) an officer or employee of the Texas Juvenile
85-23 Probation Commission;
85-24 (4) an officer or employee of the Texas Department of
86-1 Mental Health and Mental Retardation;
86-2 (5) an officer or employee of the Children's Trust
86-3 Fund of Texas Council;
86-4 (6) an officer or employee of the Health and Human
86-5 Services Commission;
86-6 (7) three members of the public who have knowledge of
86-7 and experience in the area of delivery of services relating to
86-8 child abuse and neglect;
86-9 (8) three members of the public who have knowledge of
86-10 and experience in the area of evaluation of programs relating to
86-11 the prevention and treatment of child abuse and neglect; and
86-12 (9) three members of the public who are or have been
86-13 recipients of services relating to the prevention or treatment of
86-14 child abuse or neglect.
86-15 SECTION 6.11. Section 317.005(f), Government Code, is
86-16 amended to read as follows:
86-17 (f) The governor or board may adopt an order under this
86-18 section withholding or transferring any portion of the total amount
86-19 appropriated to finance the foundation school program for a fiscal
86-20 year. The governor or board may not adopt such an order if it
86-21 would result in an allocation of money between particular programs
86-22 or statutory allotments under the foundation school program
86-23 contrary to the statutory proration formula provided by Section
86-24 42.253(h) [16.254(h)], Education Code. The governor or board may
87-1 transfer an amount to the total amount appropriated to finance the
87-2 foundation school program for a fiscal year and may increase the
87-3 basic allotment. The governor or board may adjust allocations of
87-4 amounts between particular programs or statutory allotments under
87-5 the foundation school program only for the purpose of conforming
87-6 the allocations to actual pupil enrollments or attendance.
87-7 SECTION 6.12. Section 322.008(b), Government Code, is
87-8 amended to read as follows:
87-9 (b) The [Not later than the 1994-1995 school year, the]
87-10 general appropriations bill shall include for purposes of
87-11 information the funding elements adopted by the foundation school
87-12 fund budget committee under Section 42.256(e) [16.256(e)],
87-13 Education Code, excluding the values for each school district
87-14 calculated under Subdivision (2) of that subsection. The funding
87-15 elements under Section 42.256(e)(3) [16.256(e)(3)], Education Code,
87-16 shall be reported in dollar amounts per pupil.
87-17 SECTION 6.13. Section 403.093(d), Government Code, is
87-18 amended to read as follows:
87-19 (d) The comptroller shall transfer from the general revenue
87-20 fund to the foundation school fund an amount of money necessary to
87-21 fund the foundation school program as provided by Chapter 42 [16],
87-22 Education Code. The comptroller shall make the transfers in
87-23 installments as necessary to comply with Section 42.259 [16.260],
87-24 Education Code. An installment must be made not earlier than two
88-1 days before the date an installment to school districts is required
88-2 by Section 42.259 [16.260], Education Code, and must not exceed the
88-3 amount necessary for that payment.
88-4 SECTION 6.14. Section 404.121(1), Government Code, is
88-5 amended to read as follows:
88-6 (1) "Cash flow deficit" for any period means the
88-7 excess, if any, of expenditures paid and transfers made from the
88-8 general revenue fund in the period, including payments provided by
88-9 Section 42.259 [16.260], Education Code, over taxes and other
88-10 revenues deposited to the fund in the period, other than revenues
88-11 deposited pursuant to Section 403.092, that are legally available
88-12 for the expenditures and transfers.
88-13 SECTION 6.15. Section 415.004(f), Government Code, is
88-14 amended to read as follows:
88-15 (f) The following officers shall serve as ex officio members
88-16 of the commission:
88-17 (1) the commissioner of higher education of the Texas
88-18 Higher Education Coordinating Board[, Texas College and University
88-19 System];
88-20 (2) the commissioner of the Texas [Central] Education
88-21 Agency;
88-22 (3) the director of the Department of Public Safety;
88-23 (4) the executive director of the criminal justice
88-24 division of the governor's office; and
89-1 (5) the attorney general.
89-2 SECTION 6.16. Section 441.036(b), Government Code, is
89-3 amended to read as follows:
89-4 (b) This section applies to the state auditor, State Board
89-5 of Barber Examiners, General Services Commission, Texas Cosmetology
89-6 Commission, Texas State Board of Medical Examiners, Board of
89-7 Pardons and Paroles, Board of Regents, Texas State University
89-8 System, Texas Department of Licensing and Regulation, comptroller
89-9 of public accounts, Court of Appeals for the Third Court of Appeals
89-10 District, governor, Texas Department of Health, Texas Department of
89-11 Insurance, Legislative Budget Board, Parks and Wildlife Commission,
89-12 Railroad Commission of Texas, Texas Real Estate Commission,
89-13 secretary of state, State Securities Board, Teacher Retirement
89-14 System of Texas, Texas [Central] Education Agency, Texas State
89-15 Library, Texas Natural Resource Conservation Commission, and the
89-16 state treasury department.
89-17 SECTION 6.17. Section 481.028(b), Government Code, is
89-18 amended to read as follows:
89-19 (b) The department shall enter into an agreement as required
89-20 by Subsection (a) with the:
89-21 (1) Department of Agriculture regarding each agency's
89-22 international marketing efforts and business finance programs;
89-23 (2) Texas Workforce [Employment] Commission, Texas
89-24 Higher Education Coordinating Board, and Texas [Central] Education
90-1 Agency regarding each agency's work force development efforts and
90-2 literacy programs;
90-3 (3) General Land Office regarding each agency's rural
90-4 economic development efforts;
90-5 (4) Texas Department of Housing and Community Affairs
90-6 regarding each agency's community development programs;
90-7 (5) Texas Department of Transportation and Parks and
90-8 Wildlife Department regarding each agency's efforts to promote
90-9 tourism;
90-10 (6) Texas Natural Resource Conservation Commission
90-11 regarding small business finance and permits, the marketing of
90-12 recyclable products, and business permits;
90-13 (7) office of the [state] comptroller regarding
90-14 economic development and analyses;
90-15 (8) Texas Historical Commission regarding community
90-16 preservation, restoration, and revitalization;
90-17 (9) Texas Department of Human Services regarding work
90-18 force development;
90-19 (10) General Services Commission regarding providing
90-20 procurement information, certification, and technical assistance to
90-21 small and historically underutilized businesses;
90-22 (11) Alternative Fuels Council regarding the promotion
90-23 of alternative fuels; and
90-24 (12) institutions of higher education regarding work
91-1 force development, literacy, and technology transfer.
91-2 SECTION 6.18. Section 481.341(b), Government Code, is
91-3 amended to read as follows:
91-4 (b) The department shall maintain guidelines for the Texas
91-5 Department of Human Services, the Texas Department of Mental Health
91-6 and Mental Retardation, the Texas Juvenile Probation Commission,
91-7 the Texas [Central] Education Agency, and the Texas Youth
91-8 Commission to facilitate access to funds for dropouts and youth who
91-9 are at risk of becoming dropouts. The guidelines shall establish
91-10 the procedures for the state agencies' county or regional
91-11 representatives to follow to submit an application to the
91-12 appropriate service delivery area for funds for youth-related
91-13 projects.
91-14 SECTION 6.19. Section 654.011(a), Government Code, is
91-15 amended to read as follows:
91-16 (a) The position classification plan and the salary rates
91-17 and provisions in the General Appropriations Act apply to all
91-18 regular, full-time salaried employments in the state departments,
91-19 agencies, or judicial entities specified in the articles of the
91-20 General Appropriations Act that appropriate money to:
91-21 (1) executive and administrative departments and
91-22 agencies;
91-23 (2) health, welfare, and rehabilitation agencies;
91-24 (3) the judiciary, except for judges, district
92-1 attorneys, and assistant district attorneys; and
92-2 (4) agencies of public education, but only the Texas
92-3 [Central] Education Agency, the Texas School for the Blind and
92-4 Visually Impaired, and the Texas School for the Deaf.
92-5 SECTION 6.20. Section 661.031(2), Government Code, is
92-6 amended to read as follows:
92-7 (2) "State employee" means an individual who is an
92-8 appointed officer or employee of a state agency and who normally
92-9 works 900 hours or more a year. The term includes:
92-10 (A) an hourly employee;
92-11 (B) a temporary employee;
92-12 (C) a person employed by:
92-13 (i) the Teacher Retirement System of
92-14 Texas;
92-15 (ii) the Texas [Central] Education Agency;
92-16 (iii) the Texas Higher Education
92-17 Coordinating Board;
92-18 (iv) the Texas National Research
92-19 Laboratory Commission;
92-20 (v) the Texas School for the Blind and
92-21 Visually Impaired;
92-22 (vi) the Texas School for the Deaf;
92-23 (vii) the Texas Youth Commission;
92-24 (viii) the Windham School District [of the
93-1 Texas Department of Criminal Justice]; or
93-2 (ix) the Texas Rehabilitation Commission;
93-3 and
93-4 (D) a classified, administrative, faculty, or
93-5 professional employee of a state institution or agency of higher
93-6 education who has accumulated vacation leave, sick leave, or both,
93-7 during the employment.
93-8 SECTION 6.21. Section 661.061(2), Government Code, is
93-9 amended to read as follows:
93-10 (2) "State employee" means an employee or appointed
93-11 officer of a state agency. The term includes:
93-12 (A) a full-time employee or officer;
93-13 (B) a part-time employee or officer;
93-14 (C) an hourly employee;
93-15 (D) a temporary employee;
93-16 (E) a person employed by:
93-17 (i) the Teacher Retirement System of
93-18 Texas;
93-19 (ii) the Texas [Central] Education Agency;
93-20 (iii) the Texas Higher Education
93-21 Coordinating Board;
93-22 (iv) the Texas National Research
93-23 Laboratory Commission;
93-24 (v) the Texas School for the Blind and
94-1 Visually Impaired;
94-2 (vi) the Texas School for the Deaf;
94-3 (vii) the Texas Youth Commission;
94-4 (viii) the Windham School District [of the
94-5 Texas Department of Criminal Justice]; or
94-6 (ix) the Texas Rehabilitation Commission;
94-7 or
94-8 (F) a classified, administrative, faculty, or
94-9 professional employee of a state institution or agency of higher
94-10 education who has accumulated vacation leave during the employment.
94-11 SECTION 6.22. Section 822.002(a), Government Code, is
94-12 amended to read as follows:
94-13 (a) An employee of the public school system is not permitted
94-14 to be a member of the retirement system if the employee:
94-15 (1) executed and filed a waiver of membership prior to
94-16 the effective date of this subtitle and has not elected membership
94-17 pursuant to Subsection (b);
94-18 (2) is eligible and elects to participate in the
94-19 optional retirement program under Chapter 830;
94-20 (3) is solely employed by a public institution of
94-21 higher education that as a condition of employment requires the
94-22 employee to be enrolled as a student in the institution; or
94-23 (4) [is solely employed as a noncertified instructor
94-24 in a program described in Subchapter G, Chapter 13, Education Code;
95-1 or]
95-2 [(5)] has retired under the retirement system and has
95-3 not been reinstated to membership pursuant to Section 823.502,
95-4 824.005, or 824.307.
95-5 SECTION 6.23. Section 825.405(i), Government Code, is
95-6 amended to read as follows:
95-7 (i) Not later than the seventh day after the final date the
95-8 comptroller certifies to the commissioner of education changes to
95-9 the property value study conducted under Subchapter M, Chapter 403
95-10 [Section 11.86, Education Code], the comptroller shall certify to
95-11 the Teacher Retirement System of Texas:
95-12 (1) the effective tax rate for school district
95-13 maintenance and operation revenues for each school district in the
95-14 state for the immediately preceding tax year; and
95-15 (2) the statewide average effective tax rate for
95-16 school district maintenance and operation revenues for the
95-17 immediately preceding tax year.
95-18 SECTION 6.24. Section 830.005, Government Code, is amended
95-19 to read as follows:
95-20 Sec. 830.005. Exemption From Taxes. If qualified to do
95-21 business in this state, a life insurance or annuity company is
95-22 exempt from the payment of franchise or premium taxes on annuity or
95-23 group insurance policies issued under a benefit program authorized
95-24 and at least partly paid for by the governing board of an
96-1 institution of higher education or the Texas [Central] Education
96-2 Agency.
96-3 SECTION 6.25. Section 830.103(a), Government Code, is
96-4 amended to read as follows:
96-5 (a) An institution of higher education shall accept the
96-6 transfer of a participant's optional retirement program from
96-7 another institution of higher education or from the Texas [Central]
96-8 Education Agency. The Texas [Central] Education Agency shall
96-9 accept the transfer of a participant's optional retirement program
96-10 from an institution of higher education if the participant becomes
96-11 commissioner of education.
96-12 SECTION 6.26. Sections 830.202(b)-(d), Government Code, are
96-13 amended to read as follows:
96-14 (b) The comptroller of public accounts shall pay the state's
96-15 contributions to the optional retirement program to the appropriate
96-16 institutions of higher education and, if applicable, to the Texas
96-17 [Central] Education Agency.
96-18 (c) The disbursing officer of an institution of higher
96-19 education and, if applicable, of the Texas [Central] Education
96-20 Agency shall pay the contributions collected under this section to
96-21 the company providing the optional retirement program for that
96-22 institution.
96-23 (d) An institution of higher education and, if applicable,
96-24 the Texas [Central] Education Agency shall certify to the
97-1 comptroller, in the manner provided for estimate of state
97-2 contributions to the retirement system, estimates of funds required
97-3 for the payments by the state under this section.
97-4 SECTION 6.27. Section 830.204(a), Government Code, is
97-5 amended to read as follows:
97-6 (a) A participant in the optional retirement program and
97-7 either the employing institution of higher education or, as
97-8 applicable, the Texas [Central] Education Agency, acting through
97-9 its governing board, shall execute an agreement under which the
97-10 salary of the participant is reduced by the amount of the
97-11 contribution required under Section 830.201 and under which the
97-12 employer or agency contributes an amount equal to the reduction for
97-13 any type of investment authorized in Section 403(b) of the Internal
97-14 Revenue Code of 1986 (26 U.S.C. Section 403) or toward the
97-15 purchase of an annuity under the program.
97-16 SECTION 6.28. Section 2054.059(b), Government Code, is
97-17 amended to read as follows:
97-18 (b) The department, comptroller, and General Services
97-19 Commission shall develop a statewide telecommunications operating
97-20 plan for all state agencies. The plan shall implement a statewide
97-21 network and include technical specifications that are binding on
97-22 the managing and operating agency. A representative of the Texas
97-23 [Central] Education Agency and a representative of the Texas Higher
97-24 Education Coordinating Board shall review and comment on the
98-1 operating plan as part of the representatives' duties under
98-2 Section 2170.055 [10.02(g), State Purchasing and General Services
98-3 Act (Article 601b, Vernon's Texas Civil Statutes)].
98-4 SECTION 6.29. Section 2105.001(1), Government Code, is
98-5 amended to read as follows:
98-6 (1) "Agency" means:
98-7 (A) the Texas Department of Human Services;
98-8 (B) the Texas Department of Health;
98-9 (C) the Texas Department of Housing and
98-10 Community Affairs;
98-11 (D) the Texas [Central] Education Agency;
98-12 (E) the Texas Department of Mental Health and
98-13 Mental Retardation;
98-14 (F) the Texas Department on Aging; or
98-15 (G) any other commission, board, department, or
98-16 state agency designated to receive block grant funds.
98-17 SECTION 6.30. Section 2170.055, Government Code, is amended
98-18 to read as follows:
98-19 Sec. 2170.055. REVIEW AND COMMENT BY EDUCATION AGENCIES.
98-20 (a) A representative of the Texas [Central] Education Agency and a
98-21 representative of the Texas Higher Education Coordinating Board
98-22 shall review and comment on telecommunications plans developed
98-23 under Section 2170.054.
98-24 (b) The participation of the Texas [Central] Education
99-1 Agency and the Texas Higher Education Coordinating Board is for the
99-2 limited purpose of coordinating the statewide telecommunications
99-3 system developed under this chapter with the telecommunications
99-4 systems of educational entities that are not subject to this
99-5 chapter.
99-6 (c) A representative of the Texas [Central] Education Agency
99-7 or the Texas Higher Education Coordinating Board under this section
99-8 acts in an advisory capacity only and is not entitled to vote on
99-9 decisions made under this chapter.
99-10 SECTION 6.31. Section 2257.081, Government Code, is amended
99-11 to read as follows:
99-12 Sec. 2257.081. Definition. In this subchapter, "exempt
99-13 institution" means:
99-14 (1) a public retirement system, as defined by Section
99-15 802.001; or
99-16 (2) the permanent school fund, as described [defined]
99-17 by Section 43.001 [15.01], Education Code.
99-18 SECTION 6.32. Section 2307.002(a), Government Code, is
99-19 amended to read as follows:
99-20 (a) The Texas Interagency Council for the Homeless is
99-21 composed of:
99-22 (1) one representative from each of the following
99-23 agencies, appointed by the administrative head of that agency:
99-24 (A) the Texas Department of Health;
100-1 (B) the Texas Department of Human Services;
100-2 (C) the Texas Department of Mental Health and
100-3 Mental Retardation;
100-4 (D) the Texas Department of Criminal Justice;
100-5 (E) the Texas Department on Aging;
100-6 (F) the Texas Rehabilitation Commission;
100-7 (G) the Texas [Central] Education Agency;
100-8 (H) the Texas Commission on Alcohol and Drug
100-9 Abuse;
100-10 (I) the Department of Protective and Regulatory
100-11 Services;
100-12 (J) the Health and Human Services Commission;
100-13 (K) the Texas Workforce [Employment] Commission;
100-14 (L) the Texas Youth Commission;
100-15 (M) the Texas Veterans Commission; and
100-16 (N) the workforce development division of the
100-17 Texas Department of Commerce;
100-18 (2) one representative from the office of the
100-19 comptroller appointed by the comptroller;
100-20 (3) two representatives from the department, one each
100-21 from the community affairs division and the housing finance
100-22 division, appointed by the director; and
100-23 (4) three members representing service providers to
100-24 the homeless, one each appointed by the governor, the lieutenant
101-1 governor, and the speaker of the house of representatives.
101-2 SECTION 6.33. Section 12.033(a), Health and Safety Code, is
101-3 amended to read as follows:
101-4 (a) Except as otherwise provided by this section, the board
101-5 by rule shall charge fees for the distribution and administration
101-6 of vaccines and sera provided under:
101-7 (1) Section 38.001 [2.09], Education Code;
101-8 (2) Section 42.043, Human Resources Code;
101-9 (3) Chapter 826 (Rabies Control Act of 1981);
101-10 (4) Chapter 81 (Communicable Disease Prevention and
101-11 Control Act); and
101-12 (5) Section 161.005[, Health and Safety Code].
101-13 SECTION 6.34. Section 36.007(a), Health and Safety Code, is
101-14 amended to read as follows:
101-15 (a) The department may provide remedial services directly or
101-16 through approved providers to eligible individuals who have certain
101-17 special senses and communication disorders and who are not eligible
101-18 for special education services that remediate those disorders and
101-19 that are administered by the Texas [Central] Education Agency
101-20 through the public schools.
101-21 SECTION 6.35. Section 36.015(b), Health and Safety Code, is
101-22 amended to read as follows:
101-23 (b) The committee is composed of nine members. The chief
101-24 administrative officer of each of the following agencies shall
102-1 appoint one member to the committee:
102-2 (1) Texas [Central] Education Agency;
102-3 (2) Texas Commission for the Blind;
102-4 (3) Texas Commission for the Deaf and Hard of Hearing;
102-5 (4) Texas Department of Housing and Community Affairs;
102-6 (5) Texas Department of Health;
102-7 (6) Texas Department of Human Services;
102-8 (7) Texas Department of Mental Health and Mental
102-9 Retardation;
102-10 (8) Texas School for the Blind and Visually Impaired;
102-11 and
102-12 (9) Texas School for the Deaf.
102-13 SECTION 6.36. Sections 37.001(a) and (b), Health and Safety
102-14 Code, are amended to read as follows:
102-15 (a) The department, in cooperation with the Texas [Central]
102-16 Education Agency, shall establish a program to detect abnormal
102-17 spinal curvature in children.
102-18 (b) The board, in cooperation with the Texas [Central]
102-19 Education Agency, shall adopt rules for the mandatory spinal
102-20 screening of children in grades 6 and 9 attending public or private
102-21 schools. The department shall coordinate the spinal screening
102-22 program with any other screening program conducted by the
102-23 department on those children.
102-24 SECTION 6.37. Section 37.004(d), Health and Safety Code, is
103-1 amended to read as follows:
103-2 (d) It is the intent of the legislature that the department
103-3 provide certification training for nonhealth practitioners through
103-4 Texas [Central] Education Agency regional education service
103-5 centers.
103-6 SECTION 6.38. Section 85.017(b), Health and Safety Code, is
103-7 amended to read as follows:
103-8 (b) The council consists of one representative from each of
103-9 the following agencies appointed by the executive director or
103-10 commissioner of each agency:
103-11 (1) the department;
103-12 (2) the Texas Department of Mental Health and Mental
103-13 Retardation;
103-14 (3) the Texas Department of Human Services;
103-15 (4) the Texas Commission on Alcohol and Drug Abuse;
103-16 (5) the Texas Rehabilitation Commission;
103-17 (6) the Texas Youth Commission;
103-18 (7) the Texas Department of Criminal Justice;
103-19 (8) the Texas Juvenile Probation Commission;
103-20 (9) the Texas Commission for the Blind;
103-21 (10) the Texas Commission for the Deaf and Hard of
103-22 Hearing;
103-23 (11) the Department of Protective and Regulatory
103-24 Services;
104-1 (12) the Texas [Central] Education Agency;
104-2 (13) the Texas State Board of Medical Examiners;
104-3 (14) the Board of Nurse Examiners;
104-4 (15) the Board of Vocational Nurse Examiners;
104-5 (16) the Texas State Board of Dental Examiners; and
104-6 (17) the Health and Human Services Commission.
104-7 SECTION 6.39. Section 103.002(a), Health and Safety Code, is
104-8 amended to read as follows:
104-9 (a) The Texas Diabetes Council is composed of 12 citizen
104-10 members appointed from the public and one representative each from
104-11 the department, the Texas [Central] Education Agency, the Texas
104-12 Department of Human Services, the Texas Commission for the Blind,
104-13 and the Texas Rehabilitation Commission.
104-14 SECTION 6.40. Sections 103.017(a) and (b), Health and Safety
104-15 Code, are amended to read as follows:
104-16 (a) The department, the Texas Commission for the Blind, the
104-17 Texas Rehabilitation Commission, the Texas Department of Human
104-18 Services, and the Texas [Central] Education Agency shall work with
104-19 the council to jointly develop, produce, and implement a general
104-20 public awareness strategy focusing on diabetes, its complications,
104-21 and techniques for achieving good management. Each agency shall
104-22 pay for the costs of producing and disseminating information on
104-23 diabetes to clients served by that agency.
104-24 (b) The department, the Texas Commission for the Blind, the
105-1 Texas Rehabilitation Commission, the Texas Department of Human
105-2 Services, and the Texas [Central] Education Agency may jointly
105-3 develop and implement a statewide plan for conducting regional
105-4 training sessions for public and private service providers,
105-5 including institutional health care providers, who have routine
105-6 contact with persons with diabetes.
105-7 SECTION 6.41. Sections 161.005(b) and (d), Health and Safety
105-8 Code, are amended to read as follows:
105-9 (b) The department and the board have the same powers and
105-10 duties under this section as those entities have under Sections
105-11 38.001 and 51.933 [Section 2.09], Education Code. In addition, the
105-12 provisions of those sections [that section] relating to provisional
105-13 admissions and exceptions apply to this section.
105-14 (d) This section does not affect the requirements of Section
105-15 38.001 or 51.933 [2.09], Education Code, or Section 42.043, Human
105-16 Resources Code.
105-17 SECTION 6.42. Section 382.056(a), Health and Safety Code, is
105-18 amended to read as follows:
105-19 (a) An applicant for a permit under Section 382.0518 or
105-20 382.054 or a permit renewal review under Section 382.055 shall
105-21 publish notice of intent to obtain the permit or permit review.
105-22 The commission by rule may require an applicant for a federal
105-23 operating permit to publish notice of intent to obtain a permit or
105-24 permit review consistent with federal requirements and with the
106-1 requirements of this section. The applicant shall publish the
106-2 notice at least once in a newspaper of general circulation in the
106-3 municipality in which the facility or federal source is located or
106-4 is proposed to be located or in the municipality nearest to the
106-5 location or proposed location of the facility or federal source.
106-6 If the elementary or middle school nearest to the facility or
106-7 proposed facility provides a bilingual education program as
106-8 required by Subchapter B, Chapter 29 [Section 21.109], Education
106-9 Code, [and Section 19 TAC Subsection 89.2(a),] the applicant shall
106-10 also publish the notice at least once in an additional publication
106-11 of general circulation in the municipality or county in which the
106-12 facility is located or proposed to be located that is published in
106-13 the language taught in the bilingual education program. This
106-14 requirement is waived if such a publication does not exist or if
106-15 the publisher refuses to publish the notice. The commission by
106-16 rule shall prescribe when notice must be published and may require
106-17 publication of additional notice. Notice required to be published
106-18 under this section shall only be required to be published in the
106-19 United States.
106-20 SECTION 6.43. Section 382.142(b)(5), Health and Safety Code,
106-21 is amended to read as follows:
106-22 (5) This section shall also apply to all vehicles
106-23 purchased, leased, or otherwise acquired pursuant to:
106-24 (A) Subchapter G, Chapter 451, Transportation
107-1 Code [Section 21.174(c)(1), Education Code;]
107-2 [(B) Section 14(c)(1), Chapter 141, Acts of the
107-3 63rd Legislature, Regular Session, 1973 (Article 1118x, Vernon's
107-4 Texas Civil Statutes), as added by Section 8, Chapter 1189, Acts of
107-5 the 71st Legislature, Regular Session, 1989, and amended by Section
107-6 13, Chapter 503, Acts of the 72nd Legislature, Regular Session,
107-7 1991];
107-8 (B) Subchapter F, Chapter 452, Transportation
107-9 Code [(C) Section 20(e)(1), Chapter 683, Acts of the 66th
107-10 Legislature, 1979 (Article 1118y, Vernon's Texas Civil Statutes)];
107-11 (C) Subchapter F, Chapter 453, Transportation
107-12 Code [(D) Section 6(k)(1), Article 1118z, Revised Statutes]; and
107-13 (D) Section 2158.003, Government Code
107-14 [(E) Section 3.29(a), State Purchasing and General Services Act
107-15 (Article 601b, Vernon's Texas Civil Statutes)].
107-16 SECTION 6.44. Section 382.143(h), Health and Safety Code, is
107-17 amended to read as follows:
107-18 (h) This section also applies to all vehicles purchased,
107-19 leased, or otherwise acquired pursuant to:
107-20 (A) Subchapter G, Chapter 451, Transportation
107-21 Code [Section 21.174(c)(1), Education Code;]
107-22 [(B) Section 14(c)(1), Chapter 141, Acts of the
107-23 63rd Legislature, Regular Session, 1973 (Article 1118x, Vernon's
107-24 Texas Civil Statutes), as added by Section 8, Chapter 1189, Acts of
108-1 the 71st Legislature, Regular Session, 1989, and amended by Section
108-2 13, Chapter 503, Acts of the 72nd Legislature, Regular Session,
108-3 1991];
108-4 (B) Subchapter F, Chapter 452, Transportation
108-5 Code [(C) Section 20(e)(1), Chapter 683, Acts of the 66th
108-6 Legislature, 1979 (Article 1118y, Vernon's Texas Civil Statutes)];
108-7 (C) Subchapter F, Chapter 453, Transportation
108-8 Code [(D) Section 6(k)(1), Article 1118z, Revised Statutes]; and
108-9 (D) Section 2158.003, Government Code
108-10 [(E) Section 3.29(a), State Purchasing and General Services Act
108-11 (Article 601b, Vernon's Texas Civil Statutes)].
108-12 SECTION 6.45. Section 481.0621(c), Health and Safety Code,
108-13 is amended to read as follows:
108-14 (c) The department and the Texas [Central] Education Agency
108-15 shall adopt a memorandum of understanding that establishes the
108-16 responsibilities of the agency, the department, private schools,
108-17 and school districts in implementing and maintaining a program for
108-18 reporting information concerning controlled substances, controlled
108-19 substance analogues, chemical precursors, and chemical laboratory
108-20 apparatus used in educational or research activities of those
108-21 schools and school districts.
108-22 SECTION 6.46. Section 533.040(c), Health and Safety Code, is
108-23 amended to read as follows:
108-24 (c) The department shall designate an employee as a youth
109-1 suicide prevention officer. The officer shall serve as a liaison
109-2 to the Texas [Central] Education Agency and public schools on
109-3 matters relating to the prevention of and response to suicide or
109-4 attempted suicide by public school students.
109-5 SECTION 6.47. Section 533.0415(a), Health and Safety Code,
109-6 is amended to read as follows:
109-7 (a) The department, the Texas Department of Human Services,
109-8 the Texas Youth Commission, the Texas Juvenile Probation
109-9 Commission, and the Texas [Central] Education Agency by rule shall
109-10 adopt a joint memorandum of understanding to develop interagency
109-11 training for the staffs of the agencies involved in the functions
109-12 of assessment, case planning, case management, and in-home or
109-13 direct delivery of services to children, youth, and their families.
109-14 The memorandum must:
109-15 (1) outline the responsibility of each agency in
109-16 coordinating and developing a plan for interagency training on
109-17 individualized assessment and effective intervention and treatment
109-18 services for children and dysfunctional families; and
109-19 (2) provide for the establishment of an interagency
109-20 task force to:
109-21 (A) develop a training program to include
109-22 identified competencies, content, and hours for completion of the
109-23 training with at least 20 hours of training required each year
109-24 until the program is completed;
110-1 (B) design a plan for implementing the program,
110-2 including regional site selection, frequency of training, and
110-3 selection of experienced clinical public and private professionals
110-4 or consultants to lead the training;
110-5 (C) monitor, evaluate, and revise the training
110-6 program, including the development of additional curricula based on
110-7 future training needs identified by staff and professionals; and
110-8 (D) submit a report to the governor, lieutenant
110-9 governor, and speaker of the house of representatives by October 15
110-10 of each even-numbered year.
110-11 SECTION 6.48. Section 534.034(b), Health and Safety Code, is
110-12 amended to read as follows:
110-13 (b) The department, the Texas Department of Human Services,
110-14 the Texas Rehabilitation Commission, the Texas Commission on
110-15 Alcohol and Drug Abuse, the Texas Department of Health, the Texas
110-16 [Central] Education Agency, the Texas State Board of Pharmacy, and
110-17 any other agency identified by the department under Subsection (a)
110-18 shall by rule adopt a joint memorandum of understanding to maximize
110-19 the use of each agency's reviews by eliminating duplication of
110-20 program reviews unless duplicative reviews are necessary to comply
110-21 with federal funding requirements.
110-22 SECTION 6.49. Section 551.043(b), Health and Safety Code, is
110-23 amended to read as follows:
110-24 (b) The clinic service shall cooperate with the Texas
111-1 [Central] Education Agency and local boards of education in
111-2 studying the mental and physical health of children:
111-3 (1) with serious retardation in school progress or in
111-4 mental development; or
111-5 (2) who have personality development problems.
111-6 SECTION 6.50. Section 614.002(c), Health and Safety Code, is
111-7 amended to read as follows:
111-8 (c) The executive head of each of the following agencies,
111-9 divisions of agencies, or associations, or that person's designated
111-10 representative, shall serve as a member of the council:
111-11 (1) the institutional division of the Texas Department
111-12 of Criminal Justice;
111-13 (2) the Texas Department of Mental Health and Mental
111-14 Retardation;
111-15 (3) the pardons and paroles division of the Texas
111-16 Department of Criminal Justice;
111-17 (4) the community justice assistance division of the
111-18 Texas Department of Criminal Justice;
111-19 (5) the state jail division of the Texas Department of
111-20 Criminal Justice;
111-21 (6) the Texas Juvenile Probation Commission;
111-22 (7) the Texas Youth Commission;
111-23 (8) the Texas Rehabilitation Commission;
111-24 (9) the Texas [Central] Education Agency;
112-1 (10) the Criminal Justice Policy Council;
112-2 (11) the Mental Health Association in Texas;
112-3 (12) the Texas Commission on Alcohol and Drug Abuse;
112-4 (13) the Commission on Law Enforcement Officer
112-5 Standards and Education;
112-6 (14) the Texas Council of Community Mental Health and
112-7 Mental Retardation Centers;
112-8 (15) the Commission on Jail Standards;
112-9 (16) the Texas Planning Council for Developmental
112-10 Disabilities;
112-11 (17) the Texas Association for Retarded Citizens;
112-12 (18) the Texas Alliance for the Mentally Ill;
112-13 (19) the Parent Association for the Retarded of Texas,
112-14 Inc.;
112-15 (20) the Texas Department of Human Services; and
112-16 (21) the Texas Department on Aging.
112-17 SECTION 6.51. Section 791.036(k), Health and Safety Code, is
112-18 amended to read as follows:
112-19 (k) If the Texas [Central] Education Agency approves that
112-20 construction as providing a convenient and safe passage, doorways
112-21 may be used as exits from each floor. The base of a doorway must
112-22 be at the same level as the corresponding floor of the building and
112-23 the landing of the fire escape to which the doorway leads. A
112-24 doorway must be at least three feet wide and six feet six inches
113-1 high and must be fitted with panic hardware approved by the
113-2 successor organization to the National Board of Fire Underwriters.
113-3 If there are two or more rooms or hallways adjacent and convenient
113-4 to the landing of a fire escape, each room or hallway must have a
113-5 doorway leading to that landing.
113-6 SECTION 6.52. Section 22.011(a), Human Resources Code, is
113-7 amended to read as follows:
113-8 (a) The department, the Texas Department of Health, the
113-9 Texas Department of Mental Health and Mental Retardation, the Texas
113-10 Rehabilitation Commission, the Texas Commission for the Blind, the
113-11 Texas Commission for the Deaf and Hard of Hearing, and the Texas
113-12 [Central] Education Agency shall adopt a joint memorandum of
113-13 understanding to facilitate the coordination of services to
113-14 disabled persons. The memorandum shall:
113-15 (1) clarify the financial and service responsibilities
113-16 of each agency in relation to disabled persons; and
113-17 (2) address how the agency will share data relating to
113-18 services delivered to disabled persons by each agency.
113-19 SECTION 6.53. Sections 31.0031(d) and (e), Human Resources
113-20 Code, as added by Section 2.02(a), Chapter 655, Acts of the 74th
113-21 Legislature, Regular Session, 1995, are amended to read as follows:
113-22 (d) The responsibility agreement shall require that:
113-23 (1) the parent of a dependent child cooperate with the
113-24 department and the Title IV-D agency if necessary to establish the
114-1 paternity of the dependent child and to establish or enforce child
114-2 support;
114-3 (2) if adequate and accessible providers of the
114-4 services are available in the geographic area and subject to the
114-5 availability of funds, each dependent child, as appropriate,
114-6 complete early and periodic screening, diagnosis, and treatment
114-7 checkups on schedule and receive the immunization series prescribed
114-8 by Section 161.004, Health and Safety Code, unless the child is
114-9 exempt under that section;
114-10 (3) each adult recipient, or teen parent recipient who
114-11 has completed the requirements regarding school attendance in
114-12 Subdivision (6), not voluntarily terminate paid employment of at
114-13 least 30 hours each week without good cause in accordance with
114-14 rules adopted by the department;
114-15 (4) each adult recipient for whom a needs assessment
114-16 is conducted participate in an activity to enable that person to
114-17 become self-sufficient by:
114-18 (A) continuing the person's education or
114-19 becoming literate;
114-20 (B) entering a job placement or employment
114-21 skills training program;
114-22 (C) serving as a volunteer in the person's
114-23 community; or
114-24 (D) serving in a community work program or other
115-1 work program approved by the department;
115-2 (5) each caretaker relative or parent receiving
115-3 assistance not use, sell, or possess marihuana or a controlled
115-4 substance in violation of Chapter 481, Health and Safety Code, or
115-5 abuse alcohol;
115-6 (6) each dependent child younger than 18 years of age
115-7 or teen parent younger than 19 years of age attend school
115-8 regularly, unless the child has a high school diploma or high
115-9 school equivalency certificate or is specifically exempted from
115-10 school attendance under Section 25.086 [21.033], Education Code;
115-11 (7) each recipient comply with department rules
115-12 regarding proof of school attendance; and
115-13 (8) each recipient attend parenting skills training
115-14 classes, as determined by the needs assessment.
115-15 (e) In conjunction with the Texas [Central] Education
115-16 Agency, the department by rule shall ensure compliance with the
115-17 school attendance requirements of Subsection (d)(6) by establishing
115-18 criteria for:
115-19 (1) determining whether a child is regularly attending
115-20 school;
115-21 (2) exempting a child from school attendance in
115-22 accordance with Subchapter C [B], Chapter 25 [21], Education Code;
115-23 and
115-24 (3) determining when an absence is excused.
116-1 SECTION 6.54. Section 31.0135(a), Human Resources Code, is
116-2 amended to read as follows:
116-3 (a) The department, in cooperation with the Texas [Central]
116-4 Education Agency, the Department of Protective and Regulatory
116-5 Services, the Texas Agricultural Extension Service, or any other
116-6 public or private entity, shall develop a parenting skills training
116-7 program to assist a recipient of assistance under this chapter,
116-8 including a child who receives assistance on behalf of a dependent
116-9 child. The program shall include nutrition education, budgeting
116-10 and survival skills, and instruction on the necessity of physical
116-11 and emotional safety for children.
116-12 SECTION 6.55. Section 33.024(a)(1), Human Resources Code, is
116-13 amended to read as follows:
116-14 (1) "Agency" means the Texas [Central] Education
116-15 Agency.
116-16 SECTION 6.56. Section 73.002(a), Human Resources Code, is
116-17 amended to read as follows:
116-18 (a) The council is composed of three lay members who are the
116-19 parents of developmentally delayed children and one representative
116-20 each from the Texas Department of Health, the Texas Department of
116-21 Mental Health and Mental Retardation, the Texas Department of Human
116-22 Services, the Texas [Central] Education Agency, the Department of
116-23 Protective and Regulatory Services, and the Texas Commission on
116-24 Alcohol and Drug Abuse. The governor with the advice and consent
117-1 of the senate shall appoint the lay members, and the commissioner,
117-2 director, or executive director of each agency shall appoint that
117-3 agency's representative. The agency representative should be a
117-4 person in the agency with administrative responsibility for the
117-5 supervision of early childhood intervention support staff or
117-6 related services.
117-7 SECTION 6.57. Section 73.010(a), Human Resources Code, is
117-8 amended to read as follows:
117-9 (a) A developmentally delayed child is eligible for services
117-10 under this chapter if the child:
117-11 (1) is under three years of age;
117-12 (2) has not reached the age of eligibility for entry
117-13 into the comprehensive special education program for [handicapped]
117-14 children with disabilities under Section 29.001 [21.501], Education
117-15 Code; or
117-16 (3) is under three years of age and is an eligible
117-17 child authorized under Sections 30.002(a) and 30.081 [Section
117-18 11.052(a) and Section 11.10(o)], Education Code.
117-19 SECTION 6.58. Section 73.022, Human Resources Code, is
117-20 amended to read as follows:
117-21 Sec. 73.022. Federally Funded Programs. (a) The Texas
117-22 [Central] Education Agency may not impose requirements on an early
117-23 childhood intervention program that receives funds under the
117-24 Elementary and Secondary Education Act of 1965 (20 U.S.C. Section
118-1 2701 et seq.) that are not requirements under federal law or under
118-2 this chapter.
118-3 (b) The Texas [Central] Education Agency shall coordinate
118-4 monitoring required by federal law for early childhood intervention
118-5 programs with the program monitoring required by this chapter to
118-6 the extent possible.
118-7 SECTION 6.59. Section 79.003(b), Human Resources Code, is
118-8 amended to read as follows:
118-9 (b) The clearinghouse shall:
118-10 (1) establish a system of intrastate communication of
118-11 information relating to missing children and missing persons;
118-12 (2) provide a centralized file for the exchange of
118-13 information on missing children, missing persons, and unidentified
118-14 dead bodies within the state;
118-15 (3) communicate with the national crime information
118-16 center for the exchange of information on missing children and
118-17 missing persons suspected of interstate travel;
118-18 (4) collect, process, maintain, and disseminate
118-19 accurate and complete information on missing children and missing
118-20 persons;
118-21 (5) provide a statewide toll-free telephone line for
118-22 the reporting of missing children and missing persons and for
118-23 receiving information on missing children and missing persons; and
118-24 (6) provide and disseminate to legal custodians, law
119-1 enforcement agencies, and the Texas [Central] Education Agency
119-2 information that explains how to prevent child abduction and what
119-3 to do if a child becomes missing.
119-4 SECTION 6.60. Sections 79.005(b) and (c), Human Resources
119-5 Code, are amended to read as follows:
119-6 (b) The clearinghouse shall also provide to the Texas
119-7 [Central] Education Agency information about missing children who
119-8 may be located in the school systems.
119-9 (c) The clearinghouse may also receive information about
119-10 missing children from the Public Education Information Management
119-11 System of the Texas [Central] Education Agency and from school
119-12 districts.
119-13 SECTION 6.61. Section 79.007(a), Human Resources Code, is
119-14 amended to read as follows:
119-15 (a) The Texas [Central] Education Agency shall develop and
119-16 administer a program for the location of missing children who may
119-17 be enrolled within the Texas school system, including nonpublic
119-18 schools, and for the reporting of children who may be missing or
119-19 who may be unlawfully removed from schools.
119-20 SECTION 6.62. Section 81.006(a), Human Resources Code, is
119-21 amended to read as follows:
119-22 (a) The commission shall:
119-23 (1) develop and implement a statewide program of
119-24 advocacy and education to ensure continuity of services to persons
120-1 who are deaf or hard of hearing;
120-2 (2) provide direct services to persons who are deaf or
120-3 hard of hearing, including interpreter services, information and
120-4 referral services, advocacy services, services to elderly persons
120-5 who are deaf or hard of hearing, and training in accessing basic
120-6 life skills;
120-7 (3) work to ensure more effective coordination and
120-8 cooperation among public and nonprofit organizations providing
120-9 social and educational services to individuals who are deaf or hard
120-10 of hearing;
120-11 (4) maintain a registry of available interpreters for
120-12 persons who are deaf or hard of hearing by updating the registry at
120-13 least quarterly and making the registry available to interested
120-14 persons at cost;
120-15 (5) establish a system to approve and provide courses
120-16 and workshops for the instruction and continuing education of
120-17 interpreters for persons who are deaf or hard of hearing;
120-18 (6) annually review the schedule of fees recommended
120-19 by the commission for the payment of interpreters and, as a result
120-20 of the findings of the review and other relevant information, adopt
120-21 by rule a schedule of maximum allowable hourly fees to be paid to
120-22 interpreters with varied levels of skill by a state agency, court,
120-23 or a political subdivision of the state;
120-24 (7) assist institutions of higher education in
121-1 initiating training programs for interpreters and develop
121-2 guidelines for instruction to promote uniformity of signs taught
121-3 within those programs; and
121-4 (8) with the assistance of the Texas [Central]
121-5 Education Agency, develop standards for evaluation of the programs
121-6 described by Subdivision (7).
121-7 SECTION 6.63. Section 81.017(a), Human Resources Code, is
121-8 amended to read as follows:
121-9 (a) The commission and each of the following agencies shall
121-10 adopt by rule a memorandum of understanding to coordinate the
121-11 delivery of services to persons who are deaf or hard of hearing and
121-12 to reduce duplication of services:
121-13 (1) the Texas Department of Human Services;
121-14 (2) the Texas Department of Mental Health and Mental
121-15 Retardation;
121-16 (3) the Texas Workforce [Employment] Commission;
121-17 (4) the Texas Department of Health;
121-18 (5) the Texas Higher Education Coordinating Board[,
121-19 Texas College and University System];
121-20 (6) the Texas [Central] Education Agency;
121-21 (7) the Texas Department on Aging;
121-22 (8) the Texas School for the Deaf;
121-23 (9) the Texas Rehabilitation Commission;
121-24 (10) the institutional division of the Texas
122-1 Department of Criminal Justice; and
122-2 (11) any other state agency involved in providing
122-3 services to persons who are deaf or hard of hearing.
122-4 SECTION 6.64. Section 91.081(a), Human Resources Code, is
122-5 amended to read as follows:
122-6 (a) The purpose of this subchapter is to establish a
122-7 comprehensive central state depository for braille, large print,
122-8 slow speed records and machines, tape recordings and tape players,
122-9 and related forms of media that will enable the Texas State
122-10 Library, the Texas [Central] Education Agency, the Texas Commission
122-11 for the Blind, volunteer organizations involved in the production
122-12 of braille or recorded materials for the blind, the Library of
122-13 Congress, and related types of organizations to work together more
122-14 closely and effectively.
122-15 SECTION 6.65. Section 114.003(b), Human Resources Code, is
122-16 amended to read as follows:
122-17 (b) The council is composed of:
122-18 (1) two public members who are family members of a
122-19 person with autism or some other pervasive developmental disorder,
122-20 appointed by the governor with the advice and consent of the
122-21 senate; and
122-22 (2) one representative from each of the following
122-23 state agencies, appointed by the commissioner of the respective
122-24 agency:
123-1 (A) Texas Department of Mental Health and Mental
123-2 Retardation;
123-3 (B) Texas Department of Health;
123-4 (C) Texas Department of Human Services;
123-5 (D) Texas [Central] Education Agency; and
123-6 (E) Texas Rehabilitation Commission.
123-7 SECTION 6.66. Section 121.0015(b), Human Resources Code, is
123-8 amended to read as follows:
123-9 (b) The work group is composed of a representative of the:
123-10 (1) Texas [Central] Education Agency, appointed by the
123-11 commissioner of education;
123-12 (2) Texas Commission for the Blind, appointed by the
123-13 commissioner of that agency;
123-14 (3) Texas Department of Mental Health and Mental
123-15 Retardation, appointed by the commissioner of mental health and
123-16 mental retardation;
123-17 (4) Texas Rehabilitation Commission, appointed by the
123-18 commissioner of that agency; and
123-19 (5) Texas Commission for the Deaf and Hard of Hearing
123-20 [Impaired], appointed by the executive director of that agency.
123-21 SECTION 6.67. Section 302.021(a), Labor Code, is amended to
123-22 read as follows:
123-23 (a) The following job-training, employment, and
123-24 employment-related educational programs and functions are
124-1 consolidated under the authority of the division:
124-2 (1) adult education programs under Subchapter H,
124-3 Chapter 29 [Section 11.18], Education Code;
124-4 (2) proprietary school programs under Chapter 132
124-5 [32], Education Code;
124-6 (3) apprenticeship programs under Chapter 133 [33],
124-7 Education Code;
124-8 (4) postsecondary vocational and technical
124-9 job-training programs that are not a part of approved courses or
124-10 programs that lead to licensing, certification, or an associate
124-11 degree under Chapters 61, [108,] 130, and 135, Education Code,
124-12 [and] Subchapter E, Chapter 88, Education Code, and Subchapter E,
124-13 Chapter 96, Education Code;
124-14 (5) employment programs under Chapter 31, Human
124-15 Resources Code;
124-16 (6) the senior citizens employment program under
124-17 Chapter 101, Human Resources Code;
124-18 (7) the work and family policies program under Chapter
124-19 81;
124-20 (8) job-training programs funded under the Job
124-21 Training Partnership Act (29 U.S.C. Section 1501 et seq.);
124-22 (9) the job counseling program for displaced
124-23 homemakers under Chapter 304;
124-24 (10) the Communities in Schools program under Chapter
125-1 305;
125-2 (11) the reintegration of offenders program under
125-3 Chapter 306;
125-4 (12) the inmate employment counseling program under
125-5 Section 499.051(f), Government Code;
125-6 (13) the continuity of care program under Section
125-7 501.095, Government Code;
125-8 (14) a literacy program from funds available to the
125-9 state under Section 481.026, Government Code;
125-10 (15) the employment service;
125-11 (16) the community service program under the National
125-12 and Community Service Act of 1990 (42 U.S.C. Section 12501 et
125-13 seq.);
125-14 (17) the trade adjustment assistance program under
125-15 Part 2, Subchapter II, Trade Act of 1974 (19 U.S.C. Section 2271 et
125-16 seq.);
125-17 (18) the Job Opportunities and Basic Skills program
125-18 under Part F, Subchapter IV, Social Security Act (42 U.S.C. Section
125-19 682);
125-20 (19) the food stamp employment and training program
125-21 authorized under 7 U.S.C. Section 2015(d); and
125-22 (20) the functions of the State Occupational
125-23 Information Coordinating Committee.
125-24 SECTION 6.68. Section 302.062(g), Labor Code, is amended to
126-1 read as follows:
126-2 (g) Block grant funding under this section does not apply
126-3 to:
126-4 (1) the work and family policies program under Chapter
126-5 81;
126-6 (2) a program under the skills development fund
126-7 created under Chapter 303;
126-8 (3) the job counseling program for displaced
126-9 homemakers under Chapter 304;
126-10 (4) the Communities in Schools program under Chapter
126-11 305;
126-12 (5) the reintegration of offenders program under
126-13 Chapter 306;
126-14 (6) apprenticeship programs under Chapter 133 [33],
126-15 Education Code;
126-16 (7) the inmate employment counseling program under
126-17 Section 499.051(f), Government Code;
126-18 (8) the continuity of care program under Section
126-19 501.095, Government Code;
126-20 (9) employment programs under Chapter 31, Human
126-21 Resources Code;
126-22 (10) the senior citizens employment program under
126-23 Chapter 101, Human Resources Code;
126-24 (11) the programs described by Section 302.021(b)(3);
127-1 (12) the community service program under the National
127-2 and Community Service Act of 1990 (42 U.S.C. Section 12501 et
127-3 seq.);
127-4 (13) the trade adjustment assistance program under
127-5 Part 2, Subchapter II, Trade Act of 1974 (19 U.S.C. Section 2271 et
127-6 seq.);
127-7 (14) the programs to enhance the employment
127-8 opportunities of veterans; and
127-9 (15) the functions of the State Occupational
127-10 Information Coordinating Committee.
127-11 SECTION 6.69. Section 305.001(1), Labor Code, is amended to
127-12 read as follows:
127-13 (1) "Agency" means the Texas [Central] Education
127-14 Agency.
127-15 SECTION 6.70. Section 201.008(a), Local Government Code, is
127-16 amended to read as follows:
127-17 (a) Records [Regardless of the provisions of Section 17.97,
127-18 Education Code, all records] of an office of county superintendent
127-19 of schools or county superintendent of education abolished under
127-20 former Section 17.95, Education Code, before September 1, 1989,
127-21 that are still in the possession of a custodian of county records
127-22 or a county officer shall be transferred to the custody of the
127-23 commission by order of the director and librarian.
127-24 SECTION 6.71. Section 271.901(e), Local Government Code, is
128-1 amended to read as follows:
128-2 (e) This section applies to all municipalities and districts
128-3 required by general or special law or by municipal ordinance or
128-4 charter to accept bids and award contracts on the basis of the
128-5 lowest and best bid, but does not apply to bidding for contracts to
128-6 act as a depository for public funds or as a depository for school
128-7 funds under Subchapter G [E], Chapter 45 [23], Education Code.
128-8 SECTION 6.72. Sections 6.02(b) and (g), Tax Code, are
128-9 amended to read as follows:
128-10 (b) A taxing unit that has boundaries extending into two or
128-11 more counties may choose to participate in only one of the
128-12 appraisal districts. In that event, the boundaries of the district
128-13 chosen extend outside the county to the extent of the unit's
128-14 boundaries. To be effective, the choice must be approved by
128-15 resolution of the board of directors of the district chosen. The
128-16 choice of a school district to participate in a single appraisal
128-17 district does not apply to property annexed to the school district
128-18 under Subchapter C or G, Chapter 41 [36], Education Code, unless:
128-19 (1) the school district taxes property other than
128-20 property annexed to the district under Subchapter C or G, Chapter
128-21 41 [36], Education Code, in the same county as the annexed
128-22 property; or
128-23 (2) the annexed property is contiguous to property in
128-24 the school district other than property annexed to the district
129-1 under Subchapter C or G, Chapter 41 [36], Education Code.
129-2 (g) If property is annexed to a school district under
129-3 Subchapter C or G, Chapter 41 [36], Education Code, the appraisal
129-4 district established for the county in which the property is
129-5 located shall appraise the property for the school district, and
129-6 the school district participates in that appraisal district for
129-7 purposes of the appraisal of that property, except as otherwise
129-8 permitted by Subsection (b).
129-9 SECTION 6.73. Section 6.03(m), Tax Code, is amended to read
129-10 as follows:
129-11 (m) If a school district participates in an appraisal
129-12 district in which the only property of the school district located
129-13 in the appraisal district is property annexed to the school
129-14 district under Subchapter C or G, Chapter 41 [36], Education Code,
129-15 an individual who does not meet the residency requirements of
129-16 Subsection (a) is eligible to be appointed to the board of
129-17 directors of the appraisal district if:
129-18 (1) the individual is a resident of the school
129-19 district; and
129-20 (2) the individual is nominated as a candidate for the
129-21 board of directors by the school district or, if the taxing units
129-22 have adopted a change in the method of appointing board members
129-23 that does not require a nomination, the school district appoints or
129-24 participates in the appointment of the individual.
130-1 SECTION 6.74. Section 21.01, Tax Code, is amended to read as
130-2 follows:
130-3 Sec. 21.01. Real Property. Real property is taxable by a
130-4 taxing unit if located in the unit on January 1, except as provided
130-5 by Chapter 41 [36], Education Code.
130-6 SECTION 6.75. Sections 21.02(b) and (c), Tax Code, are
130-7 amended to read as follows:
130-8 (b) Tangible personal property having taxable situs at the
130-9 same location as real property detached from a school district and
130-10 annexed by another school district under Chapter 41 [36], Education
130-11 Code, is taxable in the tax year in which the detachment and
130-12 annexation occurs by the same school district by which the real
130-13 property is taxable in that tax year under Chapter 41 [36],
130-14 Education Code. For purposes of this subsection and Chapter 41
130-15 [36], Education Code, tangible personal property has taxable situs
130-16 at the same location as real property detached and annexed under
130-17 Chapter 41 [36], Education Code, if the detachment and annexation
130-18 of the real property, had it occurred before January 1 of the tax
130-19 year, would have changed the taxable situs of the tangible personal
130-20 property determined as provided by Subsection (a) from the school
130-21 district from which the real property was detached to the school
130-22 district to which the real property was annexed.
130-23 (c) Tangible personal property has taxable situs in a school
130-24 district that is the result of a consolidation under Chapter 41
131-1 [36], Education Code, in the year in which the consolidation occurs
131-2 if the property would have had taxable situs in the consolidated
131-3 district in that year had the consolidation occurred before January
131-4 1 of that year.
131-5 SECTION 6.76. Section 25.25(k), Tax Code, is amended to read
131-6 as follows:
131-7 (k) The chief appraiser shall change the appraisal records
131-8 and school district appraisal rolls promptly to reflect the
131-9 detachment and annexation of property among school districts under
131-10 Subchapter C or G, Chapter 41 [36], Education Code.
131-11 SECTION 6.77. Sections 26.012(5) and (12), Tax Code, are
131-12 amended to read as follows:
131-13 (5) "Current junior college levy" means the amount of
131-14 taxes the governing body proposes to dedicate in the current year
131-15 to a junior college district under Section 45.105(e) [20.48(e)],
131-16 Education Code.
131-17 (12) "Last year's junior college levy" means the
131-18 amount of taxes dedicated by the governing body in the preceding
131-19 year for use of a junior college district under Section 45.105(e)
131-20 [20.48(e)], Education Code.
131-21 SECTION 6.78. Sections 26.085(a) and (e), Tax Code, are
131-22 amended to read as follows:
131-23 (a) If the percentage of the total tax levy of a school
131-24 district dedicated by the governing body of the school district to
132-1 a junior college district under Section 45.105(e), [20.48(e),
132-2 Texas] Education Code, exceeds the percentage of the total tax levy
132-3 of the school district for the preceding year dedicated to the
132-4 junior college district under that section, the qualified voters of
132-5 the school district by petition may require that an election be
132-6 held to determine whether to limit the percentage of the total tax
132-7 levy dedicated to the junior college district to the same
132-8 percentage as the percentage of the preceding year's total tax levy
132-9 dedicated to the junior college district.
132-10 (e) If a majority of the qualified voters voting on the
132-11 question in the election favor the proposition, the percentage of
132-12 the total tax levy of the school district for the year to which the
132-13 election applies dedicated to the junior college district is
132-14 reduced to the same percentage of the total tax levy that was
132-15 dedicated to the junior college district by the school district in
132-16 the preceding year. If the proposition is approved by a majority
132-17 of the qualified voters voting in an election to limit the
132-18 dedication to the junior college district in a year following a
132-19 year in which there was no dedication of local tax funds to the
132-20 junior college district under Section 45.105(e), [20.48(e), Texas]
132-21 Education Code, the school district may not dedicate any local tax
132-22 funds to the junior college district in the year to which the
132-23 election applies. If the proposition is not approved by a majority
132-24 of the qualified voters voting in the election, the percentage of
133-1 the total tax levy dedicated to the junior college district is the
133-2 percentage adopted by the governing body.
133-3 SECTION 6.79. Section 153.104, Tax Code, is amended to read
133-4 as follows:
133-5 Sec. 153.104. Exceptions. The tax imposed by this
133-6 subchapter does not apply to gasoline:
133-7 (1) brought into this state in the fuel supply tank of
133-8 a motor vehicle operated by a person not required to be permitted
133-9 as an interstate trucker;
133-10 (2) delivered by a permitted distributor to a common
133-11 or contract carrier, oceangoing vessel (including ship, tanker, or
133-12 boat), or a barge for export from this state if the gasoline is
133-13 moved forthwith outside the state;
133-14 (3) sold by a permitted distributor to another
133-15 permitted distributor;
133-16 (4) sold to the federal government for its exclusive
133-17 use;
133-18 (5) delivered by a permitted distributor into a
133-19 storage facility of a permitted aviation fuel dealer from which
133-20 gasoline will be delivered solely into the fuel supply tanks of
133-21 aircraft or aircraft servicing equipment;
133-22 (6) sold by one aviation fuel dealer to another
133-23 aviation fuel dealer who will deliver the aviation fuel exclusively
133-24 into the fuel supply tanks of aircraft or aircraft servicing
134-1 equipment;
134-2 (7) sold to a public school district in this state for
134-3 its exclusive use; or
134-4 (8) sold to a commercial transportation company that
134-5 provides public school transportation services to a school district
134-6 under Section 34.008 [21.181], Education Code, and used by the
134-7 company exclusively to provide those services.
134-8 SECTION 6.80. Section 153.119(a), Tax Code, is amended to
134-9 read as follows:
134-10 (a) A person who exports, sells to the federal government,
134-11 to a public school district in this state, or to a commercial
134-12 transportation company for exclusive use in providing public school
134-13 transportation services to a school district under Section 34.008
134-14 [21.181], Education Code, without having added the amount of the
134-15 tax imposed by this chapter to his selling price, loses by fire or
134-16 other accident, or uses gasoline for the purpose of operating or
134-17 propelling a motorboat, tractor used for agricultural purposes, or
134-18 stationary engine, or for another purpose except in a vehicle
134-19 operated or intended to be operated on the public highways of this
134-20 state, and who has paid the tax imposed on gasoline by this chapter
134-21 either directly or indirectly is, when the person has complied with
134-22 the invoice and filing provisions of this section and the rules of
134-23 the comptroller, entitled to reimbursement of the tax paid by him,
134-24 less a filing fee and any amount allowed distributors, wholesalers
135-1 or jobbers, dealers, or others under Section 153.105(c) of this
135-2 code. A public school district that has paid the tax imposed under
135-3 this chapter on gasoline used by the district or a commercial
135-4 transportation company that has paid the tax imposed under this
135-5 chapter on gasoline used by the company exclusively to provide
135-6 public school transportation services to a school district under
135-7 Section 34.008 [21.181], Education Code, is entitled to
135-8 reimbursement of the amount of the tax paid in the same manner and
135-9 subject to the same procedures as other exempted users.
135-10 SECTION 6.81. Section 153.203, Tax Code, is amended to read
135-11 as follows:
135-12 Sec. 153.203. Exceptions. The tax imposed by this
135-13 subchapter does not apply to:
135-14 (1) diesel fuel delivered by a permitted supplier to a
135-15 common or contract carrier, oceangoing vessel (including ship,
135-16 tanker, or boat), or barge for export from this state, if the
135-17 diesel fuel is moved forthwith outside this state;
135-18 (2) diesel fuel sold by a permitted supplier to the
135-19 federal government for its exclusive use;
135-20 (3) diesel fuel sold or delivered by a permitted
135-21 supplier to another permitted supplier or bonded user, to the bulk
135-22 storage facility of a diesel tax prepaid user, or to a purchaser
135-23 who provides a signed statement as provided by Section 153.205 of
135-24 this code, but not including a delivery of tax-free diesel fuel
136-1 into the fuel supply tanks of a motor vehicle, except for a motor
136-2 vehicle owned by the federal government;
136-3 (4) diesel fuel sold or delivered by a permitted
136-4 supplier into the storage facility of a permitted aviation fuel
136-5 dealer, from which diesel fuel will be sold or delivered solely
136-6 into the fuel supply tanks of aircraft or aircraft servicing
136-7 equipment;
136-8 (5) diesel fuel sold or delivered by a permitted
136-9 supplier into fuel supply tanks of railway engines, motorboats, or
136-10 refrigeration units or other stationary equipment powered by a
136-11 separate motor from a separate fuel supply tank;
136-12 (6) kerosene when delivered by a permitted supplier
136-13 into a storage facility at a retail business from which all
136-14 deliveries are exclusively for heating, cooking, lighting, or
136-15 similar nonhighway use;
136-16 (7) diesel fuel sold or delivered by one aviation fuel
136-17 dealer to another aviation fuel dealer who will deliver the diesel
136-18 fuel exclusively into the supply tanks of aircraft or aircraft
136-19 servicing equipment;
136-20 (8) diesel fuel sold by a permitted supplier to a
136-21 public school district in this state for its exclusive use; or
136-22 (9) diesel fuel sold by a permitted supplier to a
136-23 commercial transportation company that provides public school
136-24 transportation services to a school district under Section 34.008
137-1 [21.181], Education Code, and used by the company exclusively to
137-2 provide those services.
137-3 SECTION 6.82. Section 153.222(a), Tax Code, is amended to
137-4 read as follows:
137-5 (a) A dealer or diesel fuel jobber who has paid tax on
137-6 diesel fuel that has been used or sold for use by the dealer or
137-7 diesel fuel jobber for any purpose other than propelling a motor
137-8 vehicle on the public highways of this state or that has been sold
137-9 to the United States or a public school district in this state for
137-10 the exclusive use of the purchaser, or to a commercial
137-11 transportation company for exclusive use in providing public school
137-12 transportation services to a school district under Section 34.008
137-13 [21.181], Education Code, without adding the amount of the tax to
137-14 his selling price, and a user who has paid tax on any diesel fuel
137-15 that has been used by him for a purpose other than propelling a
137-16 motor vehicle on the public highways, is a public school district
137-17 and has paid the tax on diesel fuel purchased for its exclusive
137-18 use, or is a commercial transportation company and has paid the tax
137-19 on diesel fuel used by the company exclusively to provide public
137-20 school transportation services to a school district under Section
137-21 34.008 [21.181], Education Code, may file a claim for a refund of
137-22 taxes paid, less the deduction allowed vendors and a filing fee.
137-23 SECTION 6.83. Section 153.3021(b), Tax Code, is amended to
137-24 read as follows:
138-1 (b) The tax imposed by this subchapter does not apply to the
138-2 sale of liquefied petroleum gas to a commercial transportation
138-3 company that uses the gas exclusively to provide public school
138-4 transportation services to a school district under Section 34.008
138-5 [21.181], Education Code, or to the use of liquefied petroleum gas
138-6 by such a company for that purpose. A motor vehicle that uses
138-7 liquefied petroleum gas and that is owned by a commercial
138-8 transportation company and used exclusively to provide public
138-9 school transportation services to a school district under Section
138-10 34.008 [21.181], Education Code, is not required to have a
138-11 liquefied gas tax decal or a special use liquefied gas tax decal.
138-12 SECTION 6.84. Section 312.210(c), Tax Code, is amended to
138-13 read as follows:
138-14 (c) In this section, "wealth per student" and "equalized
138-15 wealth level" have the meanings assigned those terms by Section
138-16 41.001 [36.001], Education Code.
138-17 ARTICLE 7. CHANGES RELATING TO ADOPTION OF REVISED FAMILY CODE
138-18 SECTION 7.01. Article 18.021(d), Code of Criminal Procedure,
138-19 is amended to conform to Chapter 20, Acts of the 74th Legislature,
138-20 Regular Session, 1995, to read as follows:
138-21 (d) After having located and photographed the child, the
138-22 peace officer executing the warrant shall take possession of the
138-23 exposed film and deliver it forthwith to the magistrate. The child
138-24 may not be removed from the premises on which he or she is located
139-1 except under Subchapters A and B, Chapter 262 [Section 17.03],
139-2 Family Code[, as amended].
139-3 SECTION 7.02. Article 26.058(g), Code of Criminal Procedure,
139-4 is amended to conform to Chapter 20, Acts of the 74th Legislature,
139-5 Regular Session, 1995, to read as follows:
139-6 (g) The public defender or an assistant public defender
139-7 shall represent each indigent person in Aransas County who is:
139-8 (1) charged with a criminal offense in the county;
139-9 (2) a minor who is a party to a juvenile delinquency
139-10 proceeding in the county; or
139-11 (3) entitled to representation under:
139-12 (A) Chapter 574, Health and Safety Code [3,
139-13 Texas Mental Health Code (Article 5547-1 et seq., Vernon's Texas
139-14 Civil Statutes)];
139-15 (B) Chapter 462, Health and Safety Code; or
139-16 (C) Subchapter B, Chapter 107, [Section 11.10]
139-17 or Section 262.105 [17.03], Family Code.
139-18 SECTION 7.03. Article 42.033(c), Code of Criminal Procedure,
139-19 is amended to conform to Chapter 20, Acts of the 74th Legislature,
139-20 Regular Session, 1995, to read as follows:
139-21 (c) The condition imposed under Subsection (b) of this
139-22 article is not binding on an employer, except that income withheld
139-23 for child support is governed by Chapter 158 [14], Family Code.
139-24 SECTION 7.04. Article 58.01, Code of Criminal Procedure, is
140-1 amended to conform to Chapter 262, Acts of the 74th Legislature,
140-2 Regular Session, 1995, to read as follows:
140-3 Art. 58.01. Sealing files and records of children. A court
140-4 in which a person under the age of 17 is prosecuted for an offense
140-5 described by [included under Subdivision (4) or (5) of Subsection
140-6 (a) or Subdivision (4) or (5) of Subsection (b) of] Section
140-7 8.07(a)(4) or (5), Penal Code, shall seal the person's files and
140-8 records in the same manner and under the same conditions that
140-9 Section 58.003 [51.16], Family Code, requires a juvenile court to
140-10 seal the files and records of a person adjudicated or taken into
140-11 custody under Title 3, Family Code.
140-12 SECTION 7.05. Article 61.04(a), Code of Criminal Procedure,
140-13 is amended to conform to Chapter 262, Acts of the 74th Legislature,
140-14 Regular Session, 1995, to read as follows:
140-15 (a) Notwithstanding Section 58.007 or 58.106 [51.14], Family
140-16 Code, criminal information relating to a child associated with a
140-17 combination may be compiled and released under this chapter
140-18 regardless of the age of the child.
140-19 SECTION 7.06. Section 64.002(c), Civil Practice and Remedies
140-20 Code, is amended to conform to Chapter 20, Acts of the 74th
140-21 Legislature, Regular Session, 1995, to read as follows:
140-22 (c) This section does not prohibit:
140-23 (1) appointment of a receiver for a partnership in an
140-24 action arising between partners; or
141-1 (2) appointment of a receiver over all or part of the
141-2 marital estate in a suit filed under Title 1 or 5 [2], Family Code.
141-3 SECTION 7.07. Section 81.009(c), Civil Practice and Remedies
141-4 Code, is amended to conform to Chapter 20, Acts of the 74th
141-5 Legislature, Regular Session, 1995, to read as follows:
141-6 (c) This section does not apply to a patient or former
141-7 patient who is a "child" or a "minor" as defined by Section 101.003
141-8 [11.01], Family Code, until that patient or former patient has
141-9 reached the age of 18. If the action is brought by a parent,
141-10 guardian, or other person having custody of the child or minor, it
141-11 must be brought within the period set forth in this section.
141-12 SECTION 7.08. Section 3.64(b), Family Code, is amended to
141-13 conform to Chapter 20, Acts of the 74th Legislature, Regular
141-14 Session, 1995, to read as follows:
141-15 (b) A person whose name is changed under this section may
141-16 apply for a change of name certificate from the clerk of the court
141-17 as provided by Section 45.106 [32.241].
141-18 SECTION 7.09. (a) Sections 32.101(b) and (e), Family Code,
141-19 are amended to conform to Section 1, Chapter 123, Acts of the 74th
141-20 Legislature, Regular Session, 1995, to read as follows:
141-21 (b) If the persons listed in Subsection (a) are not
141-22 available [cannot be contacted] and the authority to consent is not
141-23 denied under Subsection (c), consent to the immunization of a child
141-24 may be given by:
142-1 (1) a grandparent of the child;
142-2 (2) an adult brother or sister of the child;
142-3 (3) an adult aunt or uncle of the child;
142-4 (4) a stepparent of the child;
142-5 (5) an educational institution in which the child is
142-6 enrolled that has written authorization to consent for the child
142-7 from a parent, managing conservator, guardian, or other person who
142-8 under the law of another state or a court order may consent for the
142-9 child;
142-10 (6) another adult who has actual care, control, and
142-11 possession of the child and has written authorization to consent
142-12 for the child from a parent, managing conservator, guardian, or
142-13 other person who, under the law of another state or a court order,
142-14 may consent for the child;
142-15 (7) a court having jurisdiction of a suit affecting
142-16 the parent-child relationship of which the minor is the subject;
142-17 (8) an adult having actual care, control, and
142-18 possession of the child under an order of a juvenile court or by
142-19 commitment by a juvenile court to the care of an agency of the
142-20 state or county; or
142-21 (9) an adult having actual care, control, and
142-22 possession of the child as the child's primary caregiver[, if the
142-23 adult is granted the right to consent to the child's immunization
142-24 by court order].
143-1 (e) A person who consents under this section shall provide
143-2 the health care provider with sufficient and accurate health
143-3 history and other information about the minor for whom the consent
143-4 is given and, if necessary, sufficient and accurate health history
143-5 and information about the minor's family to enable the person who
143-6 may consent to the minor's immunization and the health care
143-7 provider to determine adequately the risks and benefits inherent in
143-8 the proposed immunization and to determine whether immunization is
143-9 advisable. [For the purposes of this section, a person cannot be
143-10 contacted if:]
143-11 [(1) the location of the person is unknown;]
143-12 [(2) a reasonable effort to locate and communicate
143-13 with the person authorized to consent made by a person listed in
143-14 Subsection (b) has failed and not more than 90 days have passed
143-15 since the date that the effort was made; or]
143-16 [(3) the person who may consent has been contacted and
143-17 the person:]
143-18 [(A) refuses to consent; and]
143-19 [(B) does not expressly deny authority to the
143-20 person listed in Subsection (b) to consent for the child.]
143-21 (b) Section 32.103(a), Family Code, is amended to conform to
143-22 Section 2, Chapter 123, Acts of the 74th Legislature, Regular
143-23 Session, 1995, to read as follows:
143-24 (a) A person authorized to consent to the immunization of a
144-1 child has the responsibility to ensure that the consent, if given,
144-2 is an informed consent. The person authorized to consent is not
144-3 required to be present when the immunization of the child is
144-4 requested if a consent form that meets the requirements of Section
144-5 32.002 has been given to the health care provider.
144-6 (c) Sections 32.102 and 32.105, Family Code, are repealed to
144-7 conform to Section 5, Chapter 123, Acts of the 74th Legislature,
144-8 Regular Session, 1995.
144-9 (d) Section 32.103, Family Code, is renumbered as Section
144-10 32.102, Family Code.
144-11 (e) Section 32.104, Family Code, is renumbered as Section
144-12 32.103, Family Code.
144-13 (f) Chapter 123, Acts of the 74th Legislature, Regular
144-14 Session, 1995, is repealed.
144-15 SECTION 7.10. (a) Subchapter B, Chapter 45, Family Code, is
144-16 amended to conform to Sections 2 and 3, Chapter 631, Acts of the
144-17 74th Legislature, Regular Session, 1995, by adding Sections 45.105
144-18 and 45.106 to read as follows:
144-19 Sec. 45.105. CHANGE OF NAME IN DIVORCE SUIT. (a) On the
144-20 final disposition of a suit for divorce, for annulment, or to
144-21 declare a marriage void, the court shall enter a decree changing
144-22 the name of a party specially praying for the change to a prior
144-23 used name unless the court states in the decree a reason for
144-24 denying the change of name. The court may not deny a change of
145-1 name solely to keep last names of family members the same.
145-2 (b) A person whose name is changed under this section may
145-3 apply for a change of name certificate from the clerk of the court
145-4 as provided by Section 45.106.
145-5 Sec. 45.106. CHANGE OF NAME CERTIFICATE. (a) A person
145-6 whose name is changed under Section 3.64 or 45.105 may apply to the
145-7 clerk of the court ordering the name change for a change of name
145-8 certificate.
145-9 (b) A certificate under this section is a one-page document
145-10 that includes:
145-11 (1) the name of the person before the change of name
145-12 was ordered;
145-13 (2) the name to which the person's name was changed by
145-14 the court;
145-15 (3) the date on which the name change was made;
145-16 (4) the person's social security number and driver's
145-17 license number, if any;
145-18 (5) the name of the court in which the name change was
145-19 ordered; and
145-20 (6) the signature of the clerk of the court that
145-21 issued the certificate.
145-22 (c) An applicant for a certificate under this section shall
145-23 pay a $10 fee to the clerk of the court for issuance of the
145-24 certificate.
146-1 (d) A certificate under this section constitutes proof of
146-2 the change of name of the person named in the certificate.
146-3 (b) Section 32.24, Family Code, as amended by Section 2,
146-4 Chapter 631, Acts of the 74th Legislature, Regular Session, 1995,
146-5 is repealed.
146-6 (c) Section 32.241, Family Code, as added by Section 3,
146-7 Chapter 631, Acts of the 74th Legislature, Regular Session, 1995,
146-8 is repealed.
146-9 SECTION 7.11. Section 54.06(b), Family Code, is amended to
146-10 conform to Chapter 20, Acts of the 74th Legislature, Regular
146-11 Session, 1995, to read as follows:
146-12 (b) At any stage of the proceeding, when a child has been
146-13 placed outside the child's home and the parent of the child is
146-14 obligated to pay support for the child under a court order under
146-15 Title 5 [2 of this code], the juvenile court shall order that the
146-16 person entitled to receive the support assign the person's right to
146-17 support for the child placed outside the child's home to the local
146-18 juvenile probation department to be used for residential care and
146-19 other support for the child unless the child has been committed to
146-20 the Texas Youth Commission, in which event the court shall order
146-21 that the assignment be made to the Texas Youth Commission.
146-22 SECTION 7.12. Section 71.01(a), Family Code, is amended to
146-23 conform to Chapter 20, Acts of the 74th Legislature, Regular
146-24 Session, 1995, to read as follows:
147-1 (a) Except as provided by Subsection (b) of this section,
147-2 the definitions in Chapter 101 [Section 11.01 of this code] apply
147-3 to terms used in this chapter.
147-4 SECTION 7.13. Section 71.01(b)(2), Family Code, is amended
147-5 to conform to Chapter 20, Acts of the 74th Legislature, Regular
147-6 Session, 1995, to read as follows:
147-7 (2) "Family violence" means:
147-8 (A) an act by a member of a family or household
147-9 against another member of the family or household that is intended
147-10 to result in physical harm, bodily injury, or assault, or that is a
147-11 threat that reasonably places the member in fear of imminent
147-12 physical harm, bodily injury, or assault, excluding the reasonable
147-13 discipline of a child by a person having that duty; or
147-14 (B) abuse, as that term is defined by Sections
147-15 261.001(1)(C), (E), and (G) [34.012(1)(C), (E), and (G) of this
147-16 code], by a member of a family or household toward a child of the
147-17 family or household.
147-18 SECTION 7.14. Section 71.05(c), Family Code, is amended to
147-19 conform to Chapter 20, Acts of the 74th Legislature, Regular
147-20 Session, 1995, to read as follows:
147-21 (c) If an application requests a protective order for a
147-22 child who is subject to the continuing jurisdiction of a court
147-23 under Title 5 [Subtitle A, Title 2, of this code] or alleges that a
147-24 child who is subject to the continuing jurisdiction of a court
148-1 under Title 5 [Subtitle A, Title 2, of this code] has committed
148-2 family violence:
148-3 (1) a copy of the court orders affecting the
148-4 conservatorship, possession, and support of or the access to the
148-5 child must be filed with the application; or
148-6 (2) the application must state that the orders
148-7 affecting the child are unavailable to the applicant and that a
148-8 copy of the orders will be filed with the court before the hearing
148-9 on the application.
148-10 SECTION 7.15. Section 71.11(a), Family Code, is amended to
148-11 conform to Chapter 20, Acts of the 74th Legislature, Regular
148-12 Session, 1995, to read as follows:
148-13 (a) In a protective order the court may:
148-14 (1) prohibit a party from:
148-15 (A) removing a child member of the family or
148-16 household from the possession of a person named in the court order
148-17 or from the jurisdiction of the court; or
148-18 (B) transferring, encumbering, or otherwise
148-19 disposing of property mutually owned or leased by the parties,
148-20 except when in the ordinary course of business;
148-21 (2) grant exclusive possession of a residence to a
148-22 party and, if appropriate, direct one or more other parties to
148-23 vacate the residence if:
148-24 (A) the residence is jointly owned or leased by
149-1 the party receiving exclusive possession and by some other party
149-2 denied possession;
149-3 (B) the residence is owned or leased by the
149-4 party retaining possession; or
149-5 (C) the residence is owned or leased by the
149-6 party denied possession but only if that party has an obligation to
149-7 support the party granted possession of the residence or a child of
149-8 the party granted possession;
149-9 (3) provide for possession of and access to a child of
149-10 a party if the person receiving possession of or access to the
149-11 child is a parent, as that term is defined by Section 101.024
149-12 [11.01 of this code], of the child;
149-13 (4) require the payment of support for a party or for
149-14 a child of a party if the person required to make the payment has
149-15 an obligation to support the other party or the child;
149-16 (5) require the person found to have committed family
149-17 violence to complete a batterer's treatment program if a program is
149-18 available or if a program is not available to counsel with a social
149-19 worker, family service agency, physician, psychologist, licensed
149-20 therapist, or licensed professional counselor;
149-21 (6) award to a party use and possession of specified
149-22 property that is community property or jointly owned or leased; or
149-23 (7) prohibit the person found to have committed family
149-24 violence from doing specified acts or require the person found to
150-1 have committed family violence to do specified acts necessary or
150-2 appropriate to prevent or reduce the likelihood of family violence.
150-3 SECTION 7.16. Section 71.15(f), Family Code, is amended to
150-4 conform to Chapter 20, Acts of the 74th Legislature, Regular
150-5 Session, 1995, to read as follows:
150-6 (f) During the period of its validity, a temporary ex parte
150-7 order prevails over any other court order made under Title 5
150-8 [Subtitle A, Title 2, of this code], except that on a motion to
150-9 vacate the temporary ex parte order, the court shall vacate those
150-10 portions of the temporary order shown to be in conflict with any
150-11 other court order made under Title 5 [Subtitle A, Title 2, of this
150-12 code].
150-13 SECTION 7.17. (a) Subchapter D, Chapter 162, Family Code,
150-14 is amended to conform to Section 8, Chapter 920, Acts of the 74th
150-15 Legislature, Regular Session, 1995, by adding Section 162.309 to
150-16 read as follows:
150-17 Sec. 162.309. Advisory Committee on Promoting Adoption of
150-18 Minority Children. (a) An advisory committee on promoting the
150-19 adoption of and provision of services to minority children is
150-20 established within the department.
150-21 (b) The committee is composed of 12 members appointed by the
150-22 board of the Department of Protective and Regulatory Services. The
150-23 board shall appoint to the committee individuals who in the
150-24 aggregate have knowledge of and experience in community education,
151-1 cultural relations, family support, counseling, and parenting
151-2 skills and education. At least six members must be ordained
151-3 members of the clergy.
151-4 (c) A committee member serves for a two-year term and may be
151-5 appointed for additional terms.
151-6 (d) A member of the committee receives no compensation but
151-7 is entitled to reimbursement for actual and necessary expenses
151-8 incurred in performing the member's duties under this section.
151-9 (e) The committee shall elect one member to serve as
151-10 presiding officer. The presiding officer serves for a two-year
151-11 term and may be elected for additional terms.
151-12 (f) The department shall set the time and place of the first
151-13 committee meeting. The committee shall meet at least quarterly.
151-14 (g) The department shall pay the expenses of the committee
151-15 and shall supply necessary personnel and supplies.
151-16 (h) To promote the adoption of and provision of services to
151-17 minority children, the committee shall:
151-18 (1) study, develop, and evaluate programs and projects
151-19 relating to community awareness and education, family support,
151-20 counseling, parenting skills and education, and reform of the child
151-21 welfare system;
151-22 (2) consult with churches and other cultural and civic
151-23 organizations; and
151-24 (3) report to the department at least annually the
152-1 committee's recommendations for department programs and projects
152-2 that will promote the adoption of and provision of services to
152-3 minority children.
152-4 (i) On receiving the committee's recommendations, the
152-5 department may adopt rules to implement a program or project
152-6 recommended under this section. The department may solicit,
152-7 accept, and use gifts and donations to implement a program or
152-8 project recommended by the committee.
152-9 (j) The department shall report to the legislature not later
152-10 than November 1 of each even-numbered year following the first year
152-11 in which it receives recommendations under this section regarding
152-12 committee recommendations and action taken by the department under
152-13 this section.
152-14 (k) The recruitment of minority families may not be a reason
152-15 to delay placement of a child with an available family of a race or
152-16 ethnicity different from that of the child.
152-17 (b) Section 47.006, Human Resources Code, as added by
152-18 Section 8, Chapter 920, Acts of the 74th Legislature, Regular
152-19 Session, 1995, is repealed to conform to the transfer of Chapter
152-20 47, Human Resources Code, to the Family Code by Chapter 20, Acts of
152-21 the 74th Legislature, Regular Session, 1995.
152-22 SECTION 7.18. Section 203.007, Family Code, as amended by
152-23 Chapters 475 and 803, Acts of the 74th Legislature, Regular
152-24 Session, 1995, is amended to read as follows:
153-1 Sec. 203.007. ACCESS TO RECORDS; OFFENSE. (a) A domestic
153-2 relations office may obtain the records described by Subsections
153-3 (b) and (c) that relate to a person who has:
153-4 (1) been ordered to pay child support;
153-5 (2) been designated as a possessory conservator or
153-6 managing conservator of a child;
153-7 (3) been designated to be the father of a child; or
153-8 (4) executed a statement of paternity.
153-9 (b) A domestic relations office is entitled to obtain from
153-10 the Department of Public Safety records that relate to:
153-11 (1) a person's date of birth;
153-12 (2) a person's most recent address;
153-13 (3) a person's current driver's license status;
153-14 (4) motor vehicle accidents involving a person; and
153-15 (5) reported traffic-law violations of which a person
153-16 has been convicted.
153-17 (c) A domestic relations office is entitled to obtain from
153-18 the Texas Employment Commission records that relate to:
153-19 (1) a person's address;
153-20 (2) a person's employment status and earnings;
153-21 (3) the name and address of a person's current or
153-22 former employer; and
153-23 (4) unemployment compensation benefits received by a
153-24 person.
154-1 (d) An agency required to provide records under this section
154-2 may charge a domestic relations office a fee for providing the
154-3 records in an amount that does not exceed the amount paid for those
154-4 records by the agency responsible for Title IV-D cases.
154-5 (e) [(d)] The Department of Public Safety, the Texas
154-6 Employment Commission, or the office of the secretary of state may
154-7 charge a domestic relations office a fee not to exceed the charge
154-8 paid by the Title IV-D agency for furnishing records under this
154-9 section.
154-10 (f) [(e)] Information obtained by a domestic relations
154-11 office under this section that is confidential under a
154-12 constitution, statute, judicial decision, or rule is privileged and
154-13 may be used only by that office.
154-14 (g) [(f)] A person commits an offense if the person releases
154-15 or discloses confidential information obtained under this section
154-16 without the consent of the person to whom the information relates.
154-17 An offense under this subsection is a Class C misdemeanor.
154-18 (h) [(g)] A domestic relations office is entitled to obtain
154-19 from the office of the secretary of state the following information
154-20 about a registered voter to the extent that the information is
154-21 available:
154-22 (1) complete name;
154-23 (2) current and former street and mailing address;
154-24 (3) sex;
155-1 (4) date of birth;
155-2 (5) social security number; and
155-3 (6) telephone number.
155-4 SECTION 7.19. Section 231.007(f), Family Code, is amended to
155-5 conform to Section 9.65, Chapter 76, Acts of the 74th Legislature,
155-6 Regular Session, 1995, to read as follows:
155-7 (f) In this section, the payment of workers' compensation
155-8 benefits to a person in debt to the state is the same as any other
155-9 payment made to the person by the state. Notwithstanding Section
155-10 408.203 [Title 5], Labor Code, an order or writ to withhold income
155-11 from workers' compensation benefits is not required under this
155-12 section.
155-13 SECTION 7.20. (a) Subchapter B, Chapter 231, Family Code,
155-14 is amended to conform to Section 5.02, Chapter 655, Acts of the
155-15 74th Legislature, Regular Session, 1995, by adding Section 231.115
155-16 to read as follows:
155-17 Sec. 231.115. UNEMPLOYED NONCUSTODIAL PARENTS. (a) The
155-18 Title IV-D agency shall refer to appropriate state and local
155-19 entities that assist unemployed noncustodial parents in gaining
155-20 employment any unemployed noncustodial parent who is in arrears in
155-21 court-ordered child support payments to a child who:
155-22 (1) receives financial assistance under Chapter 31,
155-23 Human Resources Code; or
155-24 (2) is otherwise eligible to receive financial
156-1 assistance under Chapter 31, Human Resources Code, and for whom the
156-2 Department of Protective and Regulatory Services is providing
156-3 substitute care.
156-4 (b) A referral under Subsection (a) may include:
156-5 (1) skills training and job placement through:
156-6 (A) the Texas Workforce Commission; or
156-7 (B) the agency responsible for the food stamp
156-8 employment and training program (7 U.S.C. Section 2015(d));
156-9 (2) referrals to education and literacy classes; and
156-10 (3) counseling regarding:
156-11 (A) substance abuse;
156-12 (B) parenting skills;
156-13 (C) life skills; and
156-14 (D) mediation techniques.
156-15 (c) The Title IV-D agency may require an unemployed
156-16 noncustodial parent to complete the training, classes, or
156-17 counseling the parent is referred to under this section. The
156-18 agency shall suspend under Chapter 232 the license of a parent who
156-19 fails to comply with the requirements of this subsection.
156-20 (b) Section 76.012, Human Resources Code, as added by
156-21 Section 5.02, Chapter 655, Acts of the 74th Legislature, Regular
156-22 Session, 1995, is repealed to conform to the transfer of Chapter
156-23 76, Human Resources Code, to the Family Code by Chapter 20, Acts of
156-24 the 74th Legislature, Regular Session, 1995.
157-1 SECTION 7.21. (a) Section 231.202, Family Code, is amended
157-2 to conform to Section 2.02, Chapter 641, Acts of the 74th
157-3 Legislature, Regular Session, 1995, to read as follows:
157-4 Sec. 231.202. AUTHORIZED COSTS AND FEES IN TITLE IV-D CASES.
157-5 In a Title IV-D case filed under this title, the Title IV-D agency
157-6 shall pay:
157-7 (1) filing fees and fees for issuance and service of
157-8 process as provided by Chapter 110 of this code and by Sections
157-9 51.317, 51.318(b)(2), and 51.319(2) [51.319(4)], Government Code;
157-10 (2) fees for transfer as provided by Chapter 110;
157-11 (3) fees for the issuance and delivery of orders and
157-12 writs of income withholding in the amounts provided by Chapter 110;
157-13 and
157-14 (4) a fee of $45 for each item of process to each
157-15 individual on whom service is required, including service by
157-16 certified or registered mail, to be paid to a sheriff, constable,
157-17 or clerk whenever service of process is required.
157-18 (b) Section 76.009, Human Resources Code, as amended by
157-19 Section 2.02, Chapter 641, Acts of the 74th Legislature, Regular
157-20 Session, 1995, is repealed to conform to the transfer of that
157-21 section to the Family Code by Chapter 20, Acts of the 74th
157-22 Legislature, Regular Session, 1995.
157-23 SECTION 7.22. Section 232.002, Family Code, is amended to
157-24 conform to Chapter 2, Acts of the 74th Legislature, Regular
158-1 Session, 1995, to read as follows:
158-2 Sec. 232.002. Licensing Authorities Subject to Chapter. The
158-3 following state agencies are licensing authorities subject to this
158-4 chapter [subchapter]:
158-5 (1) Department of Agriculture;
158-6 (2) Texas Commission on Alcohol and Drug Abuse;
158-7 (3) Texas Alcoholic Beverage Commission;
158-8 (4) Texas Appraiser Licensing and Certification Board;
158-9 (5) Texas Board of Architectural Examiners;
158-10 (6) State Board of Barber Examiners;
158-11 (7) Texas Board of Chiropractic Examiners;
158-12 (8) Comptroller of Public Accounts;
158-13 (9) Texas Cosmetology Commission;
158-14 (10) Court Reporters Certification Board;
158-15 (11) State Board of Dental Examiners[, if the 74th
158-16 Legislature, at its regular session, enacts legislation that
158-17 becomes law authorizing a state agency to regulate the practice of
158-18 dentistry];
158-19 (12) Texas State Board of Examiners of Dietitians;
158-20 (13) Texas Funeral Service Commission;
158-21 (14) Texas Department of Health;
158-22 (15) Texas Board of Professional Land Surveying;
158-23 (16) Texas Department of Licensing and Regulation;
158-24 (17) Texas State Board of Examiners of Marriage and
159-1 Family Therapists;
159-2 (18) Texas State Board of Medical Examiners;
159-3 (19) Midwifery Board;
159-4 (20) Texas Natural Resource Conservation Commission;
159-5 (21) Board of Nurse Examiners;
159-6 (22) Texas Board of Nursing Facility Administrators;
159-7 (23) Texas Board of Occupational Therapy Examiners;
159-8 (24) Texas Optometry Board;
159-9 (25) Parks and Wildlife Department;
159-10 (26) Texas State Board of Examiners of Perfusionists;
159-11 (27) Texas State Board of Pharmacy;
159-12 (28) Texas Board of Physical Therapy Examiners;
159-13 (29) Texas State Board of Plumbing Examiners;
159-14 (30) Texas State Board of Podiatric Medical [Podiatry]
159-15 Examiners;
159-16 (31) Polygraph Examiners Board;
159-17 (32) Texas Board of Private Investigators and Private
159-18 Security Agencies;
159-19 (33) Texas State Board of Examiners of Professional
159-20 Counselors;
159-21 (34) State Board of Registration for Professional
159-22 Engineers;
159-23 (35) Department of Protective and Regulatory Services;
159-24 (36) Texas State Board of Examiners of Psychologists;
160-1 (37) Texas State Board of Public Accountancy;
160-2 (38) Department of Public Safety of the State of
160-3 Texas;
160-4 (39) Public Utility Commission of Texas;
160-5 (40) Railroad Commission of Texas;
160-6 (41) Texas Real Estate Commission;
160-7 (42) State Bar of Texas;
160-8 (43) Texas State Board of Social Worker Examiners;
160-9 (44) State Board of Examiners for Speech-Language
160-10 Pathology and Audiology;
160-11 (45) Texas Structural Pest Control Board;
160-12 (46) Board of Tax Professional Examiners;
160-13 (47) Secretary of State;
160-14 (48) Supreme Court of Texas;
160-15 (49) Texas Transportation Commission;
160-16 (50) State Board of Veterinary Medical Examiners;
160-17 (51) Board of Vocational Nurse Examiners;
160-18 (52) Texas Ethics Commission;
160-19 (53) Advisory Board of Athletic Trainers;
160-20 (54) State Committee of Examiners in the Fitting and
160-21 Dispensing of Hearing Instruments;
160-22 (55) Texas Board of Licensure for Professional Medical
160-23 Physicists; and
160-24 (56) Texas Department of Insurance.
161-1 SECTION 7.23. Section 232.015, Family Code, as added by
161-2 Chapter 655, Acts of the 74th Legislature, Regular Session, 1995,
161-3 is repealed as duplicative of Section 232.015, Family Code, as
161-4 added by Chapter 751, Acts of the 74th Legislature, Regular
161-5 Session, 1995.
161-6 SECTION 7.24. Section 21.002(f), Government Code, is amended
161-7 to conform to Chapter 20, Acts of the 74th Legislature, Regular
161-8 Session, 1995, to read as follows:
161-9 (f) Article 42.033, Code of Criminal Procedure, and Chapter
161-10 157 [14], Family Code, apply when a person is punished by
161-11 confinement for contempt of court for disobedience of a court order
161-12 to make periodic payments for the support of a child.
161-13 SECTION 7.25. Section 24.403(b), Government Code, is amended
161-14 to conform to Chapter 20, Acts of the 74th Legislature, Regular
161-15 Session, 1995, to read as follows:
161-16 (b) The 225th District Court shall give preference to civil
161-17 cases and to cases and proceedings under Title 2 or 5, Family Code.
161-18 SECTION 7.26. Section 24.466(b), Government Code, is amended
161-19 to conform to Chapter 20, Acts of the 74th Legislature, Regular
161-20 Session, 1995, to read as follows:
161-21 (b) The 289th District Court shall give primary preference
161-22 to cases and proceedings under Title [Titles] 2, [and] 3, or 5,
161-23 Family Code, and secondary preference to criminal cases.
161-24 SECTION 7.27. Section 25.1722(a), Government Code, is
162-1 amended to conform to Chapter 20, Acts of the 74th Legislature,
162-2 Regular Session, 1995, to read as follows:
162-3 (a) In addition to the jurisdiction provided by Section
162-4 25.0003 and other law, a county court at law in Montgomery County
162-5 has concurrent jurisdiction with the district court in:
162-6 (1) family law cases and proceedings;
162-7 (2) cases under Chapter 159 [the Uniform Reciprocal
162-8 Enforcement of Support Act (Section 21.01 et seq.], Family Code[)];
162-9 (3) cases and proceedings involving justiciable
162-10 controversies and differences between spouses, or between parents,
162-11 or between parent and child, or between any of these and third
162-12 persons, corporations, trustees, or other legal entities; and
162-13 (4) matters involving an inter vivos trust.
162-14 SECTION 7.28. Section 25.2452(d), Government Code, is
162-15 amended to conform to Chapter 20, Acts of the 74th Legislature,
162-16 Regular Session, 1995, to read as follows:
162-17 (d) A county court at law has concurrent jurisdiction with
162-18 the district court in:
162-19 (1) family law cases and proceedings;
162-20 (2) suits brought under the authority of Chapter 60 or
162-21 159 [the Revised Uniform Reciprocal Enforcement of Support Act
162-22 (Section 21.01 et seq., Family Code) or the Uniform Interstate
162-23 Compact on Juveniles (Section 25.01 et seq.], Family Code[)]; and
162-24 (3) other juvenile and child welfare cases in which
163-1 the district and county courts have jurisdiction.
163-2 SECTION 7.29. Section 43.1745(c), Government Code, is
163-3 amended to conform to Chapter 20, Acts of the 74th Legislature,
163-4 Regular Session, 1995, to read as follows:
163-5 (c) The district attorney has no power, duty, or privilege
163-6 relating to family law and juvenile matters, including matters
163-7 involving children's protective services, protective orders under
163-8 Chapter 71, Family Code, orders under Chapter 159 [21], Family
163-9 Code, proceedings under Title 3, Family Code, civil commitment
163-10 matters under Subtitle C, Title 7, Health and Safety Code, or a quo
163-11 warranto or removal case, except, that if the county attorney fails
163-12 or refuses to act in a quo warranto or removal case, the district
163-13 attorney has the power, duty, and privilege to bring a removal of
163-14 quo warranto action.
163-15 SECTION 7.30. Section 43.181(c), Government Code, is amended
163-16 to conform to Chapter 20, Acts of the 74th Legislature, Regular
163-17 Session, 1995, to read as follows:
163-18 (c) The district attorney has the powers, duties, and
163-19 privileges in Fort Bend County relating to family law and juvenile
163-20 matters, including children's protective services, protective
163-21 orders under Chapter 71, Family Code, orders under [the Revised
163-22 Uniform Reciprocal Enforcement of Support Act (]Chapter 159 [21],
163-23 Family Code[)], and proceedings under Title 3, Family Code.
163-24 SECTION 7.31. Section 45.179(d), Government Code, is amended
164-1 to conform to Chapter 20, Acts of the 74th Legislature, Regular
164-2 Session, 1995, to read as follows:
164-3 (d) The county attorney has no power, duty, or privilege in
164-4 Fort Bend County relating to family law and juvenile matters,
164-5 including children's protective services, protective orders under
164-6 Chapter 71, Family Code, orders under [the Revised Uniform
164-7 Reciprocal Enforcement of Support Act (]Chapter 159 [21], Family
164-8 Code[)], and proceedings under Title 3, Family Code.
164-9 SECTION 7.32. Section 45.193(b), Government Code, is amended
164-10 to conform to Chapter 20, Acts of the 74th Legislature, Regular
164-11 Session, 1995, to read as follows:
164-12 (b) The county attorney has the powers, duties, and
164-13 privileges in Grimes County relating to civil commitment matters
164-14 under Subtitle C, Title 7, Health and Safety Code, family law and
164-15 juvenile matters, including children's protective services matters,
164-16 protective orders under Chapter 71, Family Code, orders under
164-17 Chapter 159 [21], Family Code, and proceedings under Title 3,
164-18 Family Code.
164-19 SECTION 7.33. Section 45.261(b), Government Code, is amended
164-20 to conform to Chapter 20, Acts of the 74th Legislature, Regular
164-21 Session, 1995, to read as follows:
164-22 (b) The county attorney shall handle children's protective
164-23 services, protective orders under the Family Code, and proceedings
164-24 under Title 2 or 5, Family Code.
165-1 SECTION 7.34. Section 54.688, Government Code, is amended to
165-2 conform to Chapter 20, Acts of the 74th Legislature, Regular
165-3 Session, 1995, to read as follows:
165-4 Sec. 54.688. Cases That May be Referred. A judge may refer
165-5 to a master any civil case or portion of a civil case brought:
165-6 (1) under Title 1, 2, 3, [or] 4, or 5, Family Code; or
165-7 (2) in connection with Rule 308a [308-A], Texas Rules
165-8 of Civil Procedure[; or]
165-9 [(3) in connection with Chapter 46 or 76, Human
165-10 Resources Code].
165-11 SECTION 7.35. Section 54.808, Government Code, is amended to
165-12 conform to Chapter 20, Acts of the 74th Legislature, Regular
165-13 Session, 1995, to read as follows:
165-14 Sec. 54.808. Cases That May be Referred. A judge may refer
165-15 to a master any civil case or portion of a civil case brought:
165-16 (1) under Title 1, 2, 3, [or] 4, or 5, Family Code; or
165-17 (2) in connection with Rule 308a, Texas Rules of Civil
165-18 Procedure[; or]
165-19 [(3) in connection with Chapter 46, Human Resources
165-20 Code].
165-21 SECTION 7.36. Section 54.927, Government Code, is amended to
165-22 conform to Chapter 20, Acts of the 74th Legislature, Regular
165-23 Session, 1995, to read as follows:
165-24 Sec. 54.927. Cases That May be Referred. The judge may
166-1 refer to a master any civil case or portion of a civil case
166-2 brought:
166-3 (1) under Title 1, 2, 3, [or] 4, or 5, Family Code; or
166-4 (2) in connection with Rule 308a, Texas Rules of Civil
166-5 Procedure[; or]
166-6 [(3) in connection with Chapter 46 or 76, Human
166-7 Resources Code].
166-8 SECTION 7.37. Section 411.127(a), Government Code, is
166-9 amended to conform to Chapter 20, Acts of the 74th Legislature,
166-10 Regular Session, 1995, to read as follows:
166-11 (a) The attorney general is entitled to obtain from the
166-12 Department of Public Safety criminal history record information
166-13 maintained by the department that relates to a person who is an
166-14 applicant for a position of employment with the attorney general
166-15 that involves the performance of duties under Chapter 231, Family
166-16 [76, Human Resources] Code. The attorney general may not request
166-17 the information unless a supervisory employee of the attorney
166-18 general's office has recommended that the applicant be hired.
166-19 SECTION 7.38. Section 552.114(b), Government Code, is
166-20 amended to conform to Chapter 20, Acts of the 74th Legislature,
166-21 Regular Session, 1995, to read as follows:
166-22 (b) A record under Subsection (a) shall be made available on
166-23 the request of:
166-24 (1) educational institution personnel;
167-1 (2) the student involved or the student's parent,
167-2 legal guardian, or spouse; or
167-3 (3) a person conducting a child abuse investigation
167-4 required by Subchapter D, Chapter 261 [Section 34.05], Family Code.
167-5 SECTION 7.39. Section 81.046(d), Health and Safety Code, is
167-6 amended to conform to Chapter 20, Acts of the 74th Legislature,
167-7 Regular Session, 1995, to read as follows:
167-8 (d) In a case of sexually transmitted disease involving a
167-9 minor under 13 years of age, information may not be released,
167-10 except that the child's name, age, and address and the name of the
167-11 disease may be released to appropriate agents as required by
167-12 Chapter 261 [34], Family Code. If that information is required in
167-13 a court proceeding involving child abuse, the information shall be
167-14 disclosed in camera.
167-15 SECTION 7.40. Section 161.001(b), Health and Safety Code, is
167-16 amended to conform to Chapter 20, Acts of the 74th Legislature,
167-17 Regular Session, 1995, to read as follows:
167-18 (b) A person who administers or authorizes the
167-19 administration of a vaccine or immunizing agent is not liable or
167-20 responsible for the failure to immunize a child because of the
167-21 failure or refusal of a parent, managing conservator, or guardian
167-22 to consent to the vaccination or immunization required under this
167-23 chapter. Consent to the vaccination or immunization must be given
167-24 in the manner authorized by Chapter 32 [Sections 35.011 through
168-1 35.015], Family Code.
168-2 SECTION 7.41. Section 161.132(c), Health and Safety Code, is
168-3 amended to conform to Chapter 20, Acts of the 74th Legislature,
168-4 Regular Session, 1995, to read as follows:
168-5 (c) The requirement prescribed by this section is in
168-6 addition to the requirements provided by Chapter 261 [34], Family
168-7 Code, and Chapter 48, Human Resources Code.
168-8 SECTION 7.42. Section 192.005(b), Health and Safety Code, is
168-9 amended to conform to Chapter 20, Acts of the 74th Legislature,
168-10 Regular Session, 1995, to read as follows:
168-11 (b) The father of a child who has no presumed father may
168-12 acknowledge paternity by signing the certificate of birth or may
168-13 acknowledge paternity in accordance with Section 160.202 [13.22],
168-14 Family Code.
168-15 SECTION 7.43. Section 192.008(c), Health and Safety Code, is
168-16 amended to conform to Chapter 20, Acts of the 74th Legislature,
168-17 Regular Session, 1995, to read as follows:
168-18 (c) The board shall adopt rules and procedures to ensure
168-19 that birth records and indexes under the control of the department
168-20 or local registrars and accessible to the public do not contain
168-21 information or cross-references through which the confidentiality
168-22 of adoption placements may be directly or indirectly violated. The
168-23 rules and procedures may not interfere with the registries
168-24 established under Subchapter E, Chapter 162, Family [Chapter 49,
169-1 Human Resources] Code, or with a court order under this section.
169-2 SECTION 7.44. Section 464.010(a), Health and Safety Code, is
169-3 amended to conform to Chapter 20, Acts of the 74th Legislature,
169-4 Regular Session, 1995, to read as follows:
169-5 (a) A person, including treatment facility personnel, who
169-6 believes that a client's physical or mental health or welfare has
169-7 been, is, or will be adversely affected by abuse or neglect caused
169-8 by any person shall report the facts underlying that belief to the
169-9 commission. This requirement is in addition to the requirements
169-10 prescribed by Chapter 261 [34], Family Code, and Chapter 48, Human
169-11 Resources Code.
169-12 SECTION 7.45. Section 574.0085(f), Health and Safety Code,
169-13 is amended to conform to Chapter 20, Acts of the 74th Legislature,
169-14 Regular Session, 1995, to read as follows:
169-15 (f) Except as limited by an order of referral, masters
169-16 appointed under this section have all the powers and duties set
169-17 forth in Section 201.007, Family [54.007, Government] Code.
169-18 SECTION 7.46. Section 42.041(b), Human Resources Code, as
169-19 amended by Section 54, Chapter 262, and Section 1, Chapter 847,
169-20 Acts of the 74th Legislature, Regular Session, 1995, is amended to
169-21 conform to Chapter 20, Acts of the 74th Legislature, Regular
169-22 Session, 1995, to read as follows:
169-23 (b) This section does not apply to:
169-24 (1) a state-operated facility;
170-1 (2) an agency home;
170-2 (3) a facility that is operated in connection with a
170-3 shopping center, business, religious organization, or establishment
170-4 where children are cared for during short periods while parents or
170-5 persons responsible for the children are attending religious
170-6 services, shopping, or engaging in other activities on or near the
170-7 premises, including but not limited to retreats or classes for
170-8 religious instruction;
170-9 (4) a school or class for religious instruction that
170-10 does not last longer than two weeks and is conducted by a religious
170-11 organization during the summer months;
170-12 (5) a youth camp licensed by the Texas Department of
170-13 Health;
170-14 (6) a hospital licensed by the Texas Department of
170-15 Mental Health and Mental Retardation or the Texas Department of
170-16 Health;
170-17 (7) an educational facility accredited by the Texas
170-18 [Central] Education Agency or the Southern Association of Colleges
170-19 and Schools that operates primarily for educational purposes in
170-20 grades kindergarten and above;
170-21 (8) an educational facility that operates solely for
170-22 educational purposes in grades kindergarten through at least grade
170-23 two, that does not provide custodial care for more than one hour
170-24 during the hours before or after the customary school day, and that
171-1 is a member of an organization that promulgates, publishes, and
171-2 requires compliance with health, safety, fire, and sanitation
171-3 standards equal to standards required by state, municipal, and
171-4 county codes;
171-5 (9) a kindergarten or preschool educational program
171-6 that is operated as part of a public school or a private school
171-7 accredited by the Texas [Central] Education Agency, that offers
171-8 educational programs through grade six, and that does not provide
171-9 custodial care during the hours before or after the customary
171-10 school day;
171-11 (10) a family home, whether registered or not;
171-12 (11) an educational facility that is integral to and
171-13 inseparable from its sponsoring religious organization or an
171-14 educational facility both of which do not provide custodial care
171-15 for more than two hours maximum per day, and that offers
171-16 educational programs for children age five and above in one or more
171-17 of the following: kindergarten through at least grade three,
171-18 elementary, or secondary grades;
171-19 (12) an agency group home;
171-20 (13) an emergency shelter facility providing shelter
171-21 to minor mothers who are the sole support of their natural children
171-22 under Section 32.201 [35.05], Family Code, unless the facility
171-23 would otherwise require a license as a child-care facility under
171-24 this section; [or]
172-1 (14) a juvenile detention facility certified under
172-2 Section 51.12, Family Code, or Section 141.042(d) or a juvenile
172-3 facility providing services solely for the Texas Youth
172-4 Commission;[.]
172-5 (15) [(14)] an elementary-age (ages 5-13) recreation
172-6 program operated by a municipality provided the governing body of
172-7 the municipality annually adopts standards of care by ordinance
172-8 after a public hearing for such programs, that such standards are
172-9 provided to the parents of each program participant, and that the
172-10 ordinances shall include, at a minimum, staffing ratios, minimum
172-11 staff qualifications, minimum facility, health, and safety
172-12 standards, and mechanisms for monitoring and enforcing the adopted
172-13 local standards; and further provided that parents be informed that
172-14 the program is not licensed by the state and the program may not be
172-15 advertised as a child-care facility; or
172-16 (16) [(15)] an annual youth camp held in a
172-17 municipality with a population of more than 1.5 million that
172-18 operates for not more than three months and that has been operated
172-19 for at least 10 years by a nonprofit organization that provides
172-20 care for the homeless.
172-21 SECTION 7.47. Section 42.056(a), Human Resources Code, is
172-22 amended to conform to Chapter 20, Acts of the 74th Legislature,
172-23 Regular Session, 1995, to read as follows:
172-24 (a) Each child care facility shall post in a location that
173-1 is conspicuous to all employees and customers a sign that includes:
173-2 (1) a description of the provisions of Chapter 261
173-3 [34], Family Code, relating to the duty to report child abuse or
173-4 neglect; and
173-5 (2) a description of the penalties for violating the
173-6 reporting provisions of Chapter 261 [34], Family Code.
173-7 SECTION 7.48. The heading to Subchapter A, Chapter 76, Human
173-8 Resources Code, as added by Section 5.01, Chapter 655, Acts of the
173-9 74th Legislature, Regular Session, 1995, is repealed to conform to
173-10 the transfer of that chapter to the Family Code by Chapter 20, Acts
173-11 of the 74th Legislature, Regular Session, 1995.
173-12 SECTION 7.49. Section 141.0476(e), Human Resources Code, is
173-13 amended to conform to Chapter 20, Acts of the 74th Legislature,
173-14 Regular Session, 1995, to read as follows:
173-15 (e) In this section, "abuse" and "neglect" have the meanings
173-16 assigned by Section 261.001 [34.012], Family Code.
173-17 SECTION 7.50. Section 152.1073(b), Human Resources Code, is
173-18 amended to conform to Chapter 20, Acts of the 74th Legislature,
173-19 Regular Session, 1995, to read as follows:
173-20 (b) The board has the powers and duties of a child welfare
173-21 board created under Section 264.005, Family [41.002, Human
173-22 Resources] Code.
173-23 SECTION 7.51. Section 152.1074(f), Human Resources Code, is
173-24 amended to conform to Chapter 20, Acts of the 74th Legislature,
174-1 Regular Session, 1995, to read as follows:
174-2 (f) To recover the costs of providing services, the
174-3 commissioners court may provide by order for the collection by the
174-4 district clerk of a fee set by the commissioners court at an amount
174-5 that does not exceed $12. A person who files a suit for divorce,
174-6 annulment, or to declare a marriage void in which the parties are
174-7 parents of a child, as that term is defined by Section 101.003
174-8 [11.01(1)], Family Code, shall pay the fee at the time the suit is
174-9 filed.
174-10 SECTION 7.52. Section 152.2491(c), Human Resources Code, is
174-11 amended to conform to Chapter 20, Acts of the 74th Legislature,
174-12 Regular Session, 1995, to read as follows:
174-13 (c) The juvenile board may authorize the use of foster homes
174-14 for the temporary care of children subject to Title [2 or] 3 or 5,
174-15 Family Code. The rate of pay for foster care shall be determined
174-16 by the juvenile board and those payments are necessary operating
174-17 expenses of the Wichita County Family Court Services Department.
174-18 SECTION 7.53. Section 408.203(b), Labor Code, is amended to
174-19 conform to Chapter 20, Acts of the 74th Legislature, Regular
174-20 Session, 1995, to read as follows:
174-21 (b) A benefit that is subject to a lien for payment of
174-22 court-ordered child support shall be paid as required by:
174-23 (1) an order withholding income under Subchapter A,
174-24 Chapter 158 [Section 14.43], Family Code; or
175-1 (2) a writ of income withholding under Subchapter D,
175-2 Chapter 158 [Section 14.45], Family Code.
175-3 SECTION 7.54. Section 42(b)(1), Texas Probate Code, is
175-4 amended to conform to Chapter 20, Acts of the 74th Legislature,
175-5 Regular Session, 1995, to read as follows:
175-6 (1) For the purpose of inheritance, a child is the
175-7 child of his biological father if the child is born under
175-8 circumstances described by Section 151.002 [12.02], Family Code, is
175-9 adjudicated to be the child of the father by court decree as
175-10 provided by Chapter 160 [13], Family Code, was adopted by his
175-11 father, or if the father executed a statement of paternity as
175-12 provided by Section 160.202 [13.22], Family Code, or a like
175-13 statement properly executed in another jurisdiction, so that he and
175-14 his issue shall inherit from his father and from his paternal
175-15 kindred, both descendants, ascendants, and collaterals in all
175-16 degrees, and they may inherit from him and his issue. A person
175-17 claiming to be a biological child of the decedent, who is not
175-18 otherwise presumed to be a child of the decedent, or claiming
175-19 inheritance through a biological child of the decedent, who is not
175-20 otherwise presumed to be a child of the decedent, may petition the
175-21 probate court for a determination of right of inheritance. If the
175-22 court finds by clear and convincing evidence that the purported
175-23 father was the biological father of the child, the child is treated
175-24 as any other child of the decedent for the purpose of inheritance
176-1 and he and his issue may inherit from his paternal kindred, both
176-2 descendants, ascendants, and collaterals in all degrees, and they
176-3 may inherit from him and his issue. This section does not permit
176-4 inheritance by a purported father of a child, whether recognized or
176-5 not, if the purported father's parental rights have been
176-6 terminated.
176-7 SECTION 7.55. Section 609(c), Texas Probate Code, is amended
176-8 to conform to Chapter 20, Acts of the 74th Legislature, Regular
176-9 Session, 1995, to read as follows:
176-10 (c) The court to which a transfer is made under this section
176-11 shall apply the procedural and substantive provisions of the Family
176-12 Code, including Sections 155.005 and 155.205 [Section 11.05(h), and
176-13 its subsequent amendments], in regard to enforcing an order
176-14 rendered by the court from which the proceeding was transferred.
176-15 SECTION 7.56. Section 42.005, Property Code, is amended to
176-16 conform to Chapter 20, Acts of the 74th Legislature, Regular
176-17 Session, 1995, to read as follows:
176-18 Sec. 42.005. Child Support Liens. Sections 42.001, 42.002,
176-19 and 42.0021 of this code do not apply to a child support lien
176-20 established under Subchapter G [F], Chapter 157 [14], Family Code.
176-21 ARTICLE 8. RENUMBERING CHAPTER 30, GOVERNMENT CODE
176-22 (MUNICIPAL COURTS OF RECORD)
176-23 SECTION 8.01. The following provisions of Chapter 30,
176-24 Government Code, are relettered or renumbered to provide additional
177-1 section numbers for expansion, eliminate duplicate citations, and
177-2 relocate misplaced provisions.
177-3 SECTION 8.02. Subchapter P, Chapter 30, Government Code, is
177-4 relettered as Subchapter A, Chapter 30, Government Code, and
177-5 Sections 30.481, 30.482, 30.483, 30.484, 30.485, 30.486, 30.487,
177-6 30.488, 30.489, 30.490, 30.491, 30.492, 30.493, 30.494, 30.495,
177-7 30.496, 30.497, 30.498, 30.499, 30.500, 30.501, 30.502, 30.503,
177-8 30.504, 30.505, and 30.506, Government Code, are renumbered as
177-9 Sections 30.00001, 30.00002, 30.00003, 30.00004, 30.00005,
177-10 30.00006, 30.00007, 30.00008, 30.00009, 30.00010, 30.00011,
177-11 30.00012, 30.00013, 30.00014, 30.00015, 30.00016, 30.00017,
177-12 30.00018, 30.00019, 30.00020, 30.00021, 30.00022, 30.00023,
177-13 30.00024, 30.00025, and 30.00026, Government Code, respectively.
177-14 SECTION 8.03. Subchapter A, Chapter 30, Government Code, is
177-15 relettered as Subchapter B, Chapter 30, Government Code, and
177-16 Sections 30.001, 30.002, 30.003, 30.004, 30.005, 30.006, 30.007,
177-17 30.008, 30.009, 30.010, 30.011, 30.012, 30.013, 30.014, 30.015,
177-18 30.016, 30.017, 30.018, 30.019, 30.020, 30.021, and 30.022,
177-19 Government Code, are renumbered as Sections 30.00041, 30.00042,
177-20 30.00043, 30.00044, 30.00045, 30.00046, 30.00047, 30.00048,
177-21 30.00049, 30.00050, 30.00051, 30.00052, 30.00053, 30.00054,
177-22 30.00055, 30.00056, 30.00057, 30.00058, 30.00059, 30.00060,
177-23 30.00061, and 30.00062, Government Code, respectively.
177-24 SECTION 8.04. Section 30.010(d), Government Code, is
178-1 renumbered as Section 30.00050(d), Government Code, and amended to
178-2 correct a cross-reference to read as follows:
178-3 (d) A juror who serves in the municipal courts of record
178-4 must meet the qualifications provided by Subchapter B [A], Chapter
178-5 62, and must also be a registered voter of the city. A juror in
178-6 the courts is subject to the laws relating to exemption and excuse
178-7 from jury service that are applicable to the other courts in the
178-8 county.
178-9 SECTION 8.05. Subchapter A-1, Chapter 30, Government Code,
178-10 is relettered as Subchapter C, Chapter 30, Government Code, and
178-11 Sections 30.0241, 30.0242, 30.0243, 30.0244, 30.0245, 30.0246,
178-12 30.0247, 30.0248, 30.0249, 30.0250, 30.0251, 30.0252, 30.0253,
178-13 30.0254, 30.0255, 30.0256, 30.0257, 30.0258, 30.0259, 30.0260, and
178-14 30.0261, Government Code, are renumbered as Sections 30.00081,
178-15 30.00082, 30.00083, 30.00084, 30.00085, 30.00086, 30.00087,
178-16 30.00088, 30.00089, 30.00090, 30.00091, 30.00092, 30.00093,
178-17 30.00094, 30.00095, 30.00096, 30.00097, 30.00098, 30.00099,
178-18 30.00100, and 30.00101, Government Code, respectively.
178-19 SECTION 8.06. Subchapter B, Chapter 30, Government Code, is
178-20 relettered as Subchapter D, Chapter 30, Government Code, and
178-21 Sections 30.031, 30.032, 30.033, 30.034, 30.035, 30.036, 30.037,
178-22 30.038, 30.039, 30.040, 30.041, 30.042, 30.043, 30.044, 30.045,
178-23 30.046, 30.047, 30.048, 30.049, 30.050, 30.051, 30.052, 30.053,
178-24 30.054, 30.055, 30.056, 30.057, 30.058, 30.059, 30.060, 30.061,
179-1 30.062, 30.063, 30.064, 30.065, 30.066, 30.067, 30.068, 30.069,
179-2 30.070, 30.071, 30.072, 30.073, and 30.074, Government Code, are
179-3 renumbered as Sections 30.00121, 30.00122, 30.00123, 30.00124,
179-4 30.00125, 30.00126, 30.00127, 30.00128, 30.00129, 30.00130,
179-5 30.00131, 30.00132, 30.00133, 30.00134, 30.00135, 30.00136,
179-6 30.00137, 30.00138, 30.00139, 30.00140, 30.00141, 30.00142,
179-7 30.00143, 30.00144, 30.00145, 30.00146, 30.00147, 30.00148,
179-8 30.00149, 30.00150, 30.00151, 30.00152, 30.00153, 30.00154,
179-9 30.00155, 30.00156, 30.00157, 30.00158, 30.00159, 30.00160,
179-10 30.00161, 30.00162, 30.00163, and 30.00164, Government Code,
179-11 respectively.
179-12 SECTION 8.07. Subchapter BB, Chapter 30, Government Code, is
179-13 relettered as Subchapter E, Chapter 30, Government Code, and
179-14 Sections 30.0761, 30.0762, 30.0763, 30.0764, 30.0765, 30.0766,
179-15 30.0767, 30.0768, 30.0769, 30.0770, 30.0771, 30.0772, 30.0773,
179-16 30.0774, 30.0775, 30.0776, 30.0777, 30.0778, 30.0779, 30.0780, and
179-17 30.0781, Government Code, are renumbered as Sections 30.00181,
179-18 30.00182, 30.00183, 30.00184, 30.00185, 30.00186, 30.00187,
179-19 30.00188, 30.00189, 30.00190, 30.00191, 30.00192, 30.00193,
179-20 30.00194, 30.00195, 30.00196, 30.00197, 30.00198, 30.00199,
179-21 30.00200, and 30.00201, Government Code, respectively.
179-22 SECTION 8.08. Subchapter C, Chapter 30, Government Code, is
179-23 relettered as Subchapter F, Chapter 30, Government Code, and
179-24 Sections 30.081, 30.082, 30.083, 30.084, 30.085, 30.086, 30.087,
180-1 30.088, 30.089, 30.090, 30.091, 30.092, 30.093, 30.094, 30.095,
180-2 30.096, 30.097, 30.098, 30.099, 30.100, 30.101, and 30.102,
180-3 Government Code, are renumbered as Sections 30.00221, 30.00222,
180-4 30.00223, 30.00224, 30.00225, 30.00226, 30.00227, 30.00228,
180-5 30.00229, 30.00230, 30.00231, 30.00232, 30.00233, 30.00234,
180-6 30.00235, 30.00236, 30.00237, 30.00238, 30.00239, 30.00240,
180-7 30.00241, and 30.00242, Government Code, respectively.
180-8 SECTION 8.09. Subchapter CC, Chapter 30, Government Code, is
180-9 relettered as Subchapter G, Chapter 30, Government Code, and
180-10 Sections 30.1041, 30.1042, 30.1043, 30.1044, 30.1045, 30.1046,
180-11 30.1047, 30.1048, 30.1049, 30.1050, 30.1051, 30.1052, 30.1053,
180-12 30.1054, 30.1055, 30.1056, 30.1057, 30.1058, 30.1059, 30.1060,
180-13 30.1061, and 30.1062, Government Code, are renumbered as Sections
180-14 30.00261, 30.00262, 30.00263, 30.00264, 30.00265, 30.00266,
180-15 30.00267, 30.00268, 30.00269, 30.00270, 30.00271, 30.00272,
180-16 30.00273, 30.00274, 30.00275, 30.00276, 30.00277, 30.00278,
180-17 30.00279, 30.00280, 30.00281, and 30.00282, Government Code,
180-18 respectively.
180-19 SECTION 8.10. Subchapter D, Chapter 30, Government Code, is
180-20 relettered as Subchapter H, Chapter 30, Government Code, and
180-21 Sections 30.111, 30.112, 30.113, 30.114, 30.115, 30.116, 30.117,
180-22 30.118, 30.119, 30.120, 30.121, 30.122, 30.123, 30.124, 30.125,
180-23 30.126, 30.127, 30.128, 30.129, 30.130, 30.131, and 30.132,
180-24 Government Code, are renumbered as Sections 30.00301, 30.00302,
181-1 30.00303, 30.00304, 30.00305, 30.00306, 30.00307, 30.00308,
181-2 30.00309, 30.00310, 30.00311, 30.00312, 30.00313, 30.00314,
181-3 30.00315, 30.00316, 30.00317, 30.00318, 30.00319, 30.00320,
181-4 30.00321, and 30.00322, Government Code, respectively.
181-5 SECTION 8.11. Subchapter DD, Chapter 30, Government Code, is
181-6 relettered as Subchapter I, Chapter 30, Government Code, and
181-7 Sections 30.1341, 30.1342, 30.1343, 30.1344, 30.1345, 30.1346,
181-8 30.1347, 30.1348, 30.1349, 30.1350, 30.1351, 30.1352, 30.1353,
181-9 30.1354, 30.1355, 30.1356, 30.1357, 30.1358, 30.1359, 30.1360, and
181-10 30.1361, Government Code, are renumbered as Sections 30.00341,
181-11 30.00342, 30.00343, 30.00344, 30.00345, 30.00346, 30.00347,
181-12 30.00348, 30.00349, 30.00350, 30.00351, 30.00352, 30.00353,
181-13 30.00354, 30.00355, 30.00356, 30.00357, 30.00358, 30.00359,
181-14 30.00360, and 30.00361, Government Code, respectively.
181-15 SECTION 8.12. Subchapter E, Chapter 30, Government Code, is
181-16 relettered as Subchapter J, Chapter 30, Government Code, and
181-17 Sections 30.141, 30.142, 30.143, 30.144, 30.145, 30.146, 30.147,
181-18 30.148, 30.149, 30.150, 30.151, 30.152, 30.153, 30.154, 30.155,
181-19 30.156, 30.157, 30.158, 30.159, 30.160, 30.161, and 30.162,
181-20 Government Code, are renumbered as Sections 30.00381, 30.00382,
181-21 30.00383, 30.00384, 30.00385, 30.00386, 30.00387, 30.00388,
181-22 30.00389, 30.00390, 30.00391, 30.00392, 30.00393, 30.00394,
181-23 30.00395, 30.00396, 30.00397, 30.00398, 30.00399, 30.00400,
181-24 30.00401, and 30.00402, Government Code, respectively.
182-1 SECTION 8.13. Subchapter U, Chapter 30, Government Code, is
182-2 relettered as Subchapter K, Chapter 30, Government Code, and
182-3 Sections 30.1641, 30.1642, 30.1643, 30.1644, 30.1645, 30.1646,
182-4 30.1647, 30.1648, 30.1649, 30.1650, 30.1651, 30.1652, 30.1653,
182-5 30.1654, 30.1655, 30.1656, 30.1657, 30.1658, 30.1659, 30.1660,
182-6 30.1661, 30.1662, 30.1663, and 30.1664, Government Code, are
182-7 renumbered as Sections 30.00421, 30.00422, 30.00423, 30.00424,
182-8 30.00425, 30.00426, 30.00427, 30.00428, 30.00429, 30.00430,
182-9 30.00431, 30.00432, 30.00433, 30.00434, 30.00435, 30.00436,
182-10 30.00437, 30.00438, 30.00439, 30.00440, 30.00441, 30.00442,
182-11 30.00443, and 30.00444, Government Code, respectively.
182-12 SECTION 8.14. Subchapter F, Chapter 30, Government Code, is
182-13 relettered as Subchapter L, Chapter 30, Government Code, and
182-14 Sections 30.171, 30.172, 30.173, 30.174, 30.175, 30.176, 30.177,
182-15 30.178, 30.179, 30.180, 30.181, 30.182, 30.183, 30.184, 30.185, and
182-16 30.186, Government Code, are renumbered as Sections 30.00461,
182-17 30.00462, 30.00463, 30.00464, 30.00465, 30.00466, 30.00467,
182-18 30.00468, 30.00469, 30.00470, 30.00471, 30.00472, 30.00473,
182-19 30.00474, 30.00475, and 30.00476, Government Code, respectively.
182-20 SECTION 8.15. Subchapter FF, Chapter 30, Government Code, is
182-21 relettered as Subchapter M, Chapter 30, Government Code, and
182-22 Sections 30.1881, 30.1882, 30.1883, 30.1884, 30.1885, 30.1886,
182-23 30.1887, 30.1888, 30.1889, 30.1890, 30.1891, 30.1892, 30.1893,
182-24 30.1894, 30.1895, 30.1896, 30.1897, 30.1898, 30.1899, 30.1900, and
183-1 30.1901, Government Code, are renumbered as Sections 30.00491,
183-2 30.00492, 30.00493, 30.00494, 30.00495, 30.00496, 30.00497,
183-3 30.00498, 30.00499, 30.00500, 30.00501, 30.00502, 30.00503,
183-4 30.00504, 30.00505, 30.00506, 30.00507, 30.00508, 30.00509,
183-5 30.00510, and 30.00511, Government Code, respectively.
183-6 SECTION 8.16. Subchapter G, Chapter 30, Government Code, is
183-7 relettered as Subchapter N, Chapter 30, Government Code, and
183-8 Sections 30.201, 30.202, 30.203, 30.204, 30.205, 30.206, 30.207,
183-9 30.208, 30.209, 30.210, 30.211, 30.212, 30.213, 30.214, 30.215,
183-10 30.216, and 30.217, Government Code, are renumbered as Sections
183-11 30.00531, 30.00532, 30.00533, 30.00534, 30.00535, 30.00536,
183-12 30.00537, 30.00538, 30.00539, 30.00540, 30.00541, 30.00542,
183-13 30.00543, 30.00544, 30.00545, 30.00546, and 30.00547, Government
183-14 Code, respectively.
183-15 SECTION 8.17. Subchapter GG, Chapter 30, Government Code, is
183-16 relettered as Subchapter O, Chapter 30, Government Code, and
183-17 Sections 30.2191, 30.2192, 30.2193, 30.2194, 30.2195, 30.2196,
183-18 30.2197, 30.2198, 30.2199, 30.2200, 30.2201, 30.2202, 30.2203,
183-19 30.2204, 30.2205, 30.2206, 30.2207, 30.2208, 30.2209, 30.2210, and
183-20 30.2211, Government Code, are renumbered as Sections 30.00561,
183-21 30.00562, 30.00563, 30.00564, 30.00565, 30.00566, 30.00567,
183-22 30.00568, 30.00569, 30.00570, 30.00571, 30.00572, 30.00573,
183-23 30.00574, 30.00575, 30.00576, 30.00577, 30.00578, 30.00579,
183-24 30.00580, and 30.00581, Government Code, respectively.
184-1 SECTION 8.18. Subchapter H, Chapter 30, Government Code, is
184-2 relettered as Subchapter P, Chapter 30, Government Code, and
184-3 Sections 30.231, 30.232, 30.233, 30.234, 30.235, 30.236, 30.237,
184-4 30.238, 30.239, 30.240, 30.241, 30.242, 30.243, 30.244, 30.245, and
184-5 30.246, Government Code, are renumbered as Sections 30.00601,
184-6 30.00602, 30.00603, 30.00604, 30.00605, 30.00606, 30.00607,
184-7 30.00608, 30.00609, 30.00610, 30.00611, 30.00612, 30.00613,
184-8 30.00614, 30.00615, and 30.00616, Government Code, respectively.
184-9 SECTION 8.19. Subchapter HH, Chapter 30, Government Code, is
184-10 relettered as Subchapter Q, Chapter 30, Government Code, and
184-11 Sections 30.2481, 30.2482, 30.2483, 30.2484, 30.2485, 30.2486,
184-12 30.2487, 30.2488, 30.2489, 30.2490, 30.2491, 30.2492, 30.2493,
184-13 30.2494, 30.2495, 30.2496, 30.2497, 30.2498, 30.2499, 30.2500,
184-14 30.2501, 30.2502, 30.2503, 30.2504, 30.2505, 30.2506, and 30.2507,
184-15 Government Code, are renumbered as Sections 30.00631, 30.00632,
184-16 30.00633, 30.00634, 30.00635, 30.00636, 30.00637, 30.00638,
184-17 30.00639, 30.00640, 30.00641, 30.00642, 30.00643, 30.00644,
184-18 30.00645, 30.00646, 30.00647, 30.00648, 30.00649, 30.00650,
184-19 30.00651, 30.00652, 30.00653, 30.00654, 30.00655, 30.00656, and
184-20 30.00657, Government Code, respectively.
184-21 SECTION 8.20. Subchapter I, Chapter 30, Government Code, is
184-22 relettered as Subchapter R, Chapter 30, Government Code, and
184-23 Sections 30.261, 30.262, 30.263, 30.264, 30.265, 30.266, 30.267,
184-24 30.268, 30.269, 30.270, 30.271, 30.272, 30.273, 30.274, 30.275,
185-1 30.276, 30.277, and 30.278, Government Code, are renumbered as
185-2 Sections 30.00671, 30.00672, 30.00673, 30.00674, 30.00675,
185-3 30.00676, 30.00677, 30.00678, 30.00679, 30.00680, 30.00681,
185-4 30.00682, 30.00683, 30.00684, 30.00685, 30.00686, 30.00687, and
185-5 30.00688, Government Code, respectively.
185-6 SECTION 8.21. Subchapter J, Chapter 30, Government Code, is
185-7 relettered as Subchapter S, Chapter 30, Government Code, and
185-8 Sections 30.291, 30.292, 30.293, 30.294, 30.295, 30.296, 30.297,
185-9 30.298, 30.299, 30.300, 30.301, 30.302, 30.303, 30.304, 30.305,
185-10 30.306, and 30.307, Government Code, are renumbered as Sections
185-11 30.00701, 30.00702, 30.00703, 30.00704, 30.00705, 30.00706,
185-12 30.00707, 30.00708, 30.00709, 30.00710, 30.00711, 30.00712,
185-13 30.00713, 30.00714, 30.00715, 30.00716, and 30.00717, Government
185-14 Code, respectively.
185-15 SECTION 8.22. Subchapter K, Chapter 30, Government Code, is
185-16 relettered as Subchapter T, Chapter 30, Government Code, and
185-17 Sections 30.321, 30.322, 30.323, 30.324, 30.325, 30.326, 30.327,
185-18 30.328, 30.329, 30.330, 30.331, 30.332, 30.333, 30.334, 30.335,
185-19 30.336, 30.337, 30.338, 30.339, 30.340, 30.341, 30.342, 30.343, and
185-20 30.344, Government Code, are renumbered as Sections 30.00731,
185-21 30.00732, 30.00733, 30.00734, 30.00735, 30.00736, 30.00737,
185-22 30.00738, 30.00739, 30.00740, 30.00741, 30.00742, 30.00743,
185-23 30.00744, 30.00745, 30.00746, 30.00747, 30.00748, 30.00749,
185-24 30.00750, 30.00751, 30.00752, 30.00753, and 30.00754, Government
186-1 Code, respectively.
186-2 SECTION 8.23. Subchapter L, Chapter 30, Government Code, is
186-3 relettered as Subchapter U, Chapter 30, Government Code, and
186-4 Sections 30.351, 30.352, 30.353, 30.354, 30.355, 30.356, 30.357,
186-5 30.358, 30.359, 30.360, 30.361, 30.362, 30.363, 30.364, 30.365,
186-6 30.366, 30.367, 30.368, 30.369, 30.370, 30.371, 30.372, 30.373, and
186-7 30.374, Government Code, are renumbered as Sections 30.00771,
186-8 30.00772, 30.00773, 30.00774, 30.00775, 30.00776, 30.00777,
186-9 30.00778, 30.00779, 30.00780, 30.00781, 30.00782, 30.00783,
186-10 30.00784, 30.00785, 30.00786, 30.00787, 30.00788, 30.00789,
186-11 30.00790, 30.00791, 30.00792, 30.00793, and 30.00794, Government
186-12 Code, respectively.
186-13 SECTION 8.24. Subchapter M, Chapter 30, Government Code, is
186-14 relettered as Subchapter V, Chapter 30, Government Code, and
186-15 Sections 30.381, 30.382, 30.383, 30.384, 30.385, 30.386, 30.387,
186-16 30.388, 30.389, 30.390, 30.391, 30.392, 30.393, 30.394, 30.395,
186-17 30.396, 30.397, 30.398, 30.399, 30.400, 30.401, 30.402, 30.403,
186-18 30.404, 30.405, 30.406, 30.407, 30.408, and 30.409, Government
186-19 Code, are renumbered as Sections 30.00811, 30.00812, 30.00813,
186-20 30.00814, 30.00815, 30.00816, 30.00817, 30.00818, 30.00819,
186-21 30.00820, 30.00821, 30.00822, 30.00823, 30.00824, 30.00825,
186-22 30.00826, 30.00827, 30.00828, 30.00829, 30.00830, 30.00831,
186-23 30.00832, 30.00833, 30.00834, 30.00835, 30.00836, 30.00837,
186-24 30.00838, and 30.00839, Government Code, respectively.
187-1 SECTION 8.25. Subchapter N, Chapter 30, Government Code, is
187-2 relettered as Subchapter W, Chapter 30, Government Code, and
187-3 Sections 30.421, 30.422, 30.423, 30.424, 30.425, 30.426, 30.427,
187-4 30.428, 30.429, 30.430, 30.431, 30.432, 30.433, 30.434, 30.435,
187-5 30.436, 30.437, 30.438, 30.439, 30.440, and 30.441, Government
187-6 Code, are renumbered as Sections 30.00851, 30.00852, 30.00853,
187-7 30.00854, 30.00855, 30.00856, 30.00857, 30.00858, 30.00859,
187-8 30.00860, 30.00861, 30.00862, 30.00863, 30.00864, 30.00865,
187-9 30.00866, 30.00867, 30.00868, 30.00869, 30.00870, and 30.00871,
187-10 Government Code, respectively.
187-11 SECTION 8.26. Subchapter O, Chapter 30, Government Code, is
187-12 relettered as Subchapter X, Chapter 30, Government Code, and
187-13 Sections 30.451, 30.452, 30.453, 30.454, 30.455, 30.456, 30.457,
187-14 30.458, 30.459, 30.460, 30.461, 30.462, 30.463, 30.464, 30.465,
187-15 30.466, 30.467, 30.468, 30.469, and 30.470, Government Code, are
187-16 renumbered as Sections 30.00891, 30.00892, 30.00893, 30.00894,
187-17 30.00895, 30.00896, 30.00897, 30.00898, 30.00899, 30.00900,
187-18 30.00901, 30.00902, 30.00903, 30.00904, 30.00905, 30.00906,
187-19 30.00907, 30.00908, 30.00909, and 30.00910, Government Code,
187-20 respectively.
187-21 SECTION 8.27. Subchapter Q, Chapter 30, Government Code, is
187-22 relettered as Subchapter Y, Chapter 30, Government Code, and
187-23 Sections 30.521, 30.522, 30.523, 30.524, 30.525, 30.526, 30.527,
187-24 30.528, 30.529, 30.530, 30.531, 30.532, 30.533, 30.534, 30.535,
188-1 30.536, 30.537, 30.538, 30.539, 30.540, 30.541, 30.542, 30.543, and
188-2 30.544, Government Code, are renumbered as Sections 30.00931,
188-3 30.00932, 30.00933, 30.00934, 30.00935, 30.00936, 30.00937,
188-4 30.00938, 30.00939, 30.00940, 30.00941, 30.00942, 30.00943,
188-5 30.00944, 30.00945, 30.00946, 30.00947, 30.00948, 30.00949,
188-6 30.00950, 30.00951, 30.00952, 30.00953, and 30.00954, Government
188-7 Code, respectively.
188-8 SECTION 8.28. Subchapter R, Chapter 30, Government Code, is
188-9 relettered as Subchapter Z, Chapter 30, Government Code, and
188-10 Sections 30.651, 30.652, 30.653, 30.654, 30.655, 30.656, 30.657,
188-11 30.658, 30.659, 30.660, 30.661, 30.662, 30.663, 30.664, 30.665,
188-12 30.666, 30.667, 30.668, 30.669, 30.670, 30.671, and 30.672,
188-13 Government Code, are renumbered as Sections 30.00971, 30.00972,
188-14 30.00973, 30.00974, 30.00975, 30.00976, 30.00977, 30.00978,
188-15 30.00979, 30.00980, 30.00981, 30.00982, 30.00983, 30.00984,
188-16 30.00985, 30.00986, 30.00987, 30.00988, 30.00989, 30.00990,
188-17 30.00991, and 30.00992, Government Code, respectively.
188-18 SECTION 8.29. Subchapter S, Chapter 30, Government Code, is
188-19 relettered as Subchapter AA, Chapter 30, Government Code, and
188-20 Sections 30.691, 30.692, 30.693, 30.694, 30.695, 30.696, 30.697,
188-21 30.698, 30.699, 30.700, 30.701, 30.702, 30.703, 30.704, 30.705,
188-22 30.706, 30.707, 30.708, 30.709, 30.710, 30.711, and 30.712,
188-23 Government Code, are renumbered as Sections 30.01011, 30.01012,
188-24 30.01013, 30.01014, 30.01015, 30.01016, 30.01017, 30.01018,
189-1 30.01019, 30.01020, 30.01021, 30.01022, 30.01023, 30.01024,
189-2 30.01025, 30.01026, 30.01027, 30.01028, 30.01029, 30.01030,
189-3 30.01031, and 30.01032, Government Code, respectively.
189-4 SECTION 8.30. Subchapter T, Chapter 30, Government Code, is
189-5 relettered as Subchapter BB, Chapter 30, Government Code, and
189-6 Sections 30.721, 30.722, 30.723, 30.724, 30.725, 30.726, 30.727,
189-7 30.728, 30.729, 30.730, 30.731, 30.732, 30.733, 30.734, 30.735,
189-8 30.736, 30.737, 30.738, 30.739, 30.740, and 30.741, Government
189-9 Code, are renumbered as Sections 30.01051, 30.01052, 30.01053,
189-10 30.01054, 30.01055, 30.01056, 30.01057, 30.01058, 30.01059,
189-11 30.01060, 30.01061, 30.01062, 30.01063, 30.01064, 30.01065,
189-12 30.01066, 30.01067, 30.01068, 30.01069, 30.01070, and 30.01071,
189-13 Government Code, respectively.
189-14 SECTION 8.31. Subchapter V, Chapter 30, Government Code, is
189-15 relettered as Subchapter CC, Chapter 30, Government Code, and
189-16 Sections 30.851, 30.852, 30.853, 30.854, 30.855, 30.856, 30.857,
189-17 30.858, 30.859, 30.860, 30.861, 30.862, 30.863, 30.864, 30.865,
189-18 30.866, 30.867, 30.868, 30.869, 30.870, 30.871, 30.872, and 30.873,
189-19 Government Code, are renumbered as Sections 30.01091, 30.01092,
189-20 30.01093, 30.01094, 30.01095, 30.01096, 30.01097, 30.01098,
189-21 30.01099, 30.01100, 30.01101, 30.01102, 30.01103, 30.01104,
189-22 30.01105, 30.01106, 30.01107, 30.01108, 30.01109, 30.01110,
189-23 30.01111, 30.01112, and 30.01113, Government Code, respectively.
189-24 SECTION 8.32. Subchapter W, Chapter 30, Government Code, is
190-1 relettered as Subchapter DD, Chapter 30, Government Code, and
190-2 Sections 30.881, 30.882, 30.883, 30.884, 30.885, 30.886, 30.887,
190-3 30.888, 30.889, 30.890, 30.891, 30.892, 30.893, 30.894, 30.895,
190-4 30.896, 30.897, 30.898, 30.899, 30.900, and 30.901, Government
190-5 Code, are renumbered as Sections 30.01131, 30.01132, 30.01133,
190-6 30.01134, 30.01135, 30.01136, 30.01137, 30.01138, 30.01139,
190-7 30.01140, 30.01141, 30.01142, 30.01143, 30.01144, 30.01145,
190-8 30.01146, 30.01147, 30.01148, 30.01149, 30.01150, and 30.01151,
190-9 Government Code, respectively.
190-10 SECTION 8.33. Subchapter X, Chapter 30, Government Code, is
190-11 relettered as Subchapter EE, Chapter 30, Government Code, and
190-12 Sections 30.916, 30.917, 30.918, 30.919, 30.920, 30.921, 30.922,
190-13 30.923, 30.924, 30.925, 30.926, 30.927, 30.928, 30.929, 30.930,
190-14 30.931, 30.932, 30.933, 30.934, 30.935, and 30.936, Government
190-15 Code, are renumbered as Sections 30.01171, 30.01172, 30.01173,
190-16 30.01174, 30.01175, 30.01176, 30.01177, 30.01178, 30.01179,
190-17 30.01180, 30.01181, 30.01182, 30.01183, 30.01184, 30.01185,
190-18 30.01186, 30.01187, 30.01188, 30.01189, 30.01190, and 30.01191,
190-19 Government Code, respectively.
190-20 SECTION 8.34. Subchapter Y, Chapter 30, Government Code, is
190-21 relettered as Subchapter FF, Chapter 30, Government Code, and
190-22 Sections 30.981, 30.982, 30.983, 30.984, 30.985, 30.986, 30.987,
190-23 30.988, 30.989, 30.990, 30.991, 30.992, 30.993, 30.994, 30.995,
190-24 30.996, 30.997, 30.998, 30.999, 30.9991, 30.9992, 30.9993, and
191-1 30.9994, Government Code, are renumbered as Sections 30.01211,
191-2 30.01212, 30.01213, 30.01214, 30.01215, 30.01216, 30.01217,
191-3 30.01218, 30.01219, 30.01220, 30.01221, 30.01222, 30.01223,
191-4 30.01224, 30.01225, 30.01226, 30.01227, 30.01228, 30.01229,
191-5 30.01230, 30.01231, 30.01232, and 30.01233, Government Code,
191-6 respectively.
191-7 SECTION 8.35. If the number, letter, or designation assigned
191-8 by this article conflicts with a number, letter, or designation
191-9 assigned by another Act of the 75th Legislature, the other Act
191-10 controls, and the number, letter, or designation assigned by this
191-11 article has no effect.
191-12 ARTICLE 9. CHANGES RELATING TO JUDICIAL TITLE,
191-13 GOVERNMENT CODE
191-14 SECTION 9.01. Section 62.106, Government Code, is amended to
191-15 correct a reference to read as follows:
191-16 Sec. 62.106. Exemption From Jury Service. A person
191-17 qualified to serve as a petit juror may establish an exemption from
191-18 jury service if he:
191-19 (1) is over 65 years of age;
191-20 (2) has legal custody of a child or children younger
191-21 than 10 years of age and his service on the jury requires leaving
191-22 the child or children without adequate supervision;
191-23 (3) is a student of a public or private secondary
191-24 school;
192-1 (4) is a person enrolled and in actual attendance at
192-2 an institution of higher education;
192-3 (5) is an officer or an employee of the senate, the
192-4 house of representatives, or any department, commission, board,
192-5 office, or other agency in the legislative branch of state
192-6 government;
192-7 (6) is summoned for service in a county with a
192-8 population of at least 200,000, unless that county uses a jury plan
192-9 under Section 62.011 and the period authorized under Section
192-10 62.011(b)(5) [62.011(b)(6)] exceeds two years, and he has served as
192-11 a petit juror in the county during the 24-month period preceding
192-12 the date he is to appear for jury service; or
192-13 (7) is the primary caretaker of a person who is an
192-14 invalid unable to care for himself.
192-15 SECTION 9.02. (a) Section 76.003(b), Government Code, is
192-16 amended to conform to Section 1, Chapter 266, Acts of the 74th
192-17 Legislature, Regular Session, 1995, to read as follows:
192-18 (b) A council should consist of the following persons or
192-19 their designees:
192-20 (1) a sheriff of a county served by the department,
192-21 chosen by the sheriffs of the counties to be served by the
192-22 department;
192-23 (2) a county commissioner or a county judge from a
192-24 county served by the department, chosen by the county commissioners
193-1 and county judges of the counties served by the department;
193-2 (3) a city council member of the most populous
193-3 municipality in a county served by the department, chosen by the
193-4 members of the city councils of cities served by the department;
193-5 (4) not more than two state legislators elected from a
193-6 county served by the department, or in a county with a population
193-7 of one million or more to be served by the department, not more
193-8 than one state senator and one state representative elected from
193-9 the county, chosen by the state legislators elected from the county
193-10 or counties served by the department;
193-11 (5) the presiding judge from a judicial district
193-12 served by the department, chosen by the district judges from the
193-13 judicial districts served by the department;
193-14 (6) a judge of a statutory county court exercising
193-15 criminal jurisdiction in a county served by the department, chosen
193-16 by the judges of statutory county courts with criminal jurisdiction
193-17 in the counties served by the department;
193-18 (7) a county attorney with criminal jurisdiction from
193-19 a county served by the department, chosen by the county attorneys
193-20 with criminal jurisdiction from the counties served by the
193-21 department;
193-22 (8) a district attorney or criminal district attorney
193-23 from a judicial district served by the department, chosen by the
193-24 district attorneys or criminal district attorneys from the judicial
194-1 districts served by the department; and
194-2 (9) an elected member of the board of trustees of an
194-3 independent school district in a county served by the department,
194-4 chosen by the members of the boards of trustees of independent
194-5 school districts located in counties served by the department.
194-6 (b) Chapter 266, Acts of the 74th Legislature, Regular
194-7 Session, 1995, is repealed.
194-8 SECTION 9.03. (a) Section 76.003(c), Government Code, is
194-9 amended to conform to Section 1, Chapter 185, Acts of the 74th
194-10 Legislature, Regular Session, 1995, to read as follows:
194-11 (c) The community justice council shall appoint a community
194-12 justice task force to provide support staff for the development of
194-13 a community justice plan. The task force may consist of any number
194-14 of members, but should include:
194-15 (1) the county or regional director of the Texas
194-16 Department of Human Services with responsibility for the area
194-17 served by the department;
194-18 (2) the chief of police of the most populous
194-19 municipality served by the department;
194-20 (3) the chief juvenile probation officer of the
194-21 juvenile probation office serving the most populous area served by
194-22 the department;
194-23 (4) the superintendent of the most populous school
194-24 district served by the department;
195-1 (5) the supervisor of the Department of Public Safety
195-2 region closest to the department, or the supervisor's designee;
195-3 (6) the county or regional director of the Texas
195-4 Department of Mental Health and Mental Retardation with
195-5 responsibility for the area served by the department;
195-6 (7) a substance abuse treatment professional appointed
195-7 by the Council of Governments serving the area served by the
195-8 department;
195-9 (8) the department director;
195-10 (9) the local or regional representative of the
195-11 pardons and paroles division of the Texas Department of Criminal
195-12 Justice with responsibility for the area served by the department;
195-13 (10) the representative of the Texas Workforce
195-14 [Employment] Commission with responsibility for the area served by
195-15 the department;
195-16 (11) the representative of the Texas Rehabilitation
195-17 Commission with responsibility for the area served by the
195-18 department;
195-19 (12) a licensed attorney who practices in the area
195-20 served by the department and whose practice consists primarily of
195-21 criminal law;
195-22 (13) a court administrator, if one serves the area
195-23 served by the department;
195-24 (14) a representative of a community service
196-1 organization that provides adult treatment, educational, or
196-2 vocational services to the area served by the department; [and]
196-3 (15) a representative of an organization in the area
196-4 served by the department that is actively involved in issues
196-5 relating to defendants' rights, chosen by the county commissioners
196-6 and county judges of the counties served by the department; and
196-7 (16) an advocate for rights of victims of crime and
196-8 awareness of issues affecting victims.
196-9 (b) Chapter 185, Acts of the 74th Legislature, Regular
196-10 Session, 1995, is repealed.
196-11 SECTION 9.04. (a) Section 76.013, Government Code, is
196-12 amended to conform to Section 3.014, Chapter 321, Acts of the 74th
196-13 Legislature, Regular Session, 1995, to read as follows:
196-14 Sec. 76.013. RESTITUTION. (a) If a judge requires a
196-15 defendant to make restitution to a victim of the defendant's
196-16 offense, and a payment is received by a department from the
196-17 defendant for transmittal to a victim of the offense, the
196-18 department that receives the payment for disbursement to the victim
196-19 shall immediately deposit the payment in an interest-bearing
196-20 account in the county treasury as required by Section 140.003(f),
196-21 Local Government Code [department having original jurisdiction].
196-22 The department shall transmit the payment to the victim as soon as
196-23 practicable.
196-24 (b) If a victim cannot be located for receipt of [,
197-1 immediately after receiving] a [final] payment in satisfaction of
197-2 an order of restitution [for the victim] the department shall
197-3 attempt to notify the victim of that fact by certified mail,
197-4 mailed to the last known address of the victim. If a victim then
197-5 makes a claim for payment, the department promptly shall remit the
197-6 payment to the victim. A department is obligated to make a good
197-7 faith effort to locate and notify a victim that an unclaimed
197-8 payment exists. The department satisfies the good faith
197-9 requirement under this subsection by sending to the victim by
197-10 certified mail on any one occasion during the period the defendant
197-11 is required to make payments a notice that the victim is entitled
197-12 to an unclaimed payment. Not earlier than the fifth anniversary of
197-13 the date on which the department mails notice under this
197-14 subsection, if the victim has not made a claim for payment, the
197-15 department shall transfer the payment from the interest-bearing
197-16 account to the comptroller, after deducting five percent of the
197-17 payment as a collection fee and deducting any interest accrued on
197-18 the payment. The comptroller shall deposit the payment in the
197-19 state treasury to the credit of the compensation to victims of
197-20 crime auxiliary fund.
197-21 (c) The collection fee under Subsection (b) and the accrued
197-22 interest under Subsections (a) and (b) shall be deposited in the
197-23 special fund of the county treasury provided by Section 509.011[,
197-24 Government Code,] to be used for the same purposes for which state
198-1 aid may be used under that section. The department has a maximum
198-2 of 121 days after the five-year [four-year] expiration date to
198-3 transfer the funds to the comptroller's office. Failure to comply
198-4 with the 121-day deadline will result in a five percent collection
198-5 fee penalty calculated from the total deposit and all interest
198-6 attributable to the unclaimed funds.
198-7 (d) If the victim of the offense claims the payment during
198-8 the five-year [four-year] period in which the payment is held in
198-9 the interest-bearing account, the department shall pay the victim
198-10 the amount of the original payment, less any interest earned while
198-11 holding the payment. After the payment has been transferred to the
198-12 comptroller, the department has no liability in regard to the
198-13 payment, and any claim for the payment must be made to the
198-14 comptroller. If the victim makes a claim to the comptroller, the
198-15 comptroller shall pay the victim the amount of the original
198-16 payment, less the collection fee, from the compensation to victims
198-17 of crime auxiliary fund.
198-18 (b) Section 3.014, Chapter 321, Acts of the 74th
198-19 Legislature, Regular Session, 1995, is repealed.
198-20 SECTION 9.05. (a) Sections 76.014(a) and (c), Government
198-21 Code, are amended to conform to Section 5, Chapter 611, Acts of the
198-22 74th Legislature, Regular Session, 1995, to read as follows:
198-23 (a) A department, with the assistance of the Texas Workforce
198-24 Commission, the Council on Workforce and Economic Competitiveness,
199-1 local workforce development boards [public school districts,
199-2 community and public junior colleges, public and private
199-3 institutions of higher education], and other appropriate public and
199-4 private entities, may establish a developmental program for a
199-5 defendant under the supervision of the department on the basis of
199-6 information obtained in the presentence investigation report
199-7 prepared for the defendant.
199-8 (c) To decrease expenditures by departments for the
199-9 educational and vocational skills assessment and enhancement
199-10 program established under this section, the Texas Department of
199-11 Commerce shall provide information to departments, the Texas
199-12 Workforce Commission, the Council on Workforce and Economic
199-13 Competitiveness, local workforce development boards [public school
199-14 districts, community and public junior colleges, public and private
199-15 institutions of higher education], and other appropriate public and
199-16 private entities for obtaining financial assistance through
199-17 programs under Chapter 301, Labor Code, and other applicable
199-18 programs of public or private entities.
199-19 (b) Section 5, Chapter 611, Acts of the 74th Legislature,
199-20 Regular Session, 1995, is repealed.
199-21 SECTION 9.06. Section 14, Article 42.131, Code of Criminal
199-22 Procedure, as renumbered by Section 17.01(3), Chapter 76, Acts of
199-23 the 74th Legislature, Regular Session, 1995, is repealed to conform
199-24 to the transfer of Article 42.131, Code of Criminal Procedure, to
200-1 Chapter 76, Government Code.
200-2 SECTION 9.07. (a) Chapter 76, Government Code, is amended
200-3 to conform to Section 1, Chapter 217, Acts of the 74th Legislature,
200-4 Regular Session, 1995, by adding Section 76.015 to read as follows:
200-5 Sec. 76.015. ADMINISTRATIVE FEE. (a) A department may
200-6 collect money from an individual as ordered by a court served by
200-7 the department regardless of whether the individual is under the
200-8 department's supervision.
200-9 (b) A department that collects money under this section
200-10 shall promptly transfer the money collected to the appropriate
200-11 county or state officer.
200-12 (c) A department may assess a reasonable administrative fee
200-13 on an individual who participates in a department program or
200-14 receives department services and who is not paying a monthly fee
200-15 under Section 19, Article 42.12, Code of Criminal Procedure.
200-16 (d) This section applies only to a county with a population
200-17 of 2.8 million or more.
200-18 (b) Section 1, Chapter 217, Acts of the 74th Legislature,
200-19 Regular Session, 1995, is repealed.
200-20 SECTION 9.08. (a) Chapter 76, Government Code, is amended to
200-21 conform to Section 1, Chapter 252, Acts of the 74th Legislature,
200-22 Regular Session, 1995, by adding Section 76.016 to read as follows:
200-23 Sec. 76.016. VICTIM NOTIFICATION. (a) A department, using
200-24 the name and address provided by the attorney representing the
201-1 state under Article 56.08(d), Code of Criminal Procedure, shall
201-2 make a reasonable effort to notify a victim of the defendant's
201-3 crime or, if the victim has a guardian or is deceased, to notify
201-4 the guardian of the victim or close relative of the deceased victim
201-5 of:
201-6 (1) the fact that the defendant has been placed on
201-7 community supervision;
201-8 (2) the conditions of community supervision imposed on
201-9 the defendant by the court; and
201-10 (3) the date, time, and location of any hearing or
201-11 proceeding at which the conditions of the defendant's community
201-12 supervision may be modified or the defendant's placement on
201-13 community supervision may be revoked or terminated.
201-14 (b) An attempt by the department to give notice to the
201-15 victim, the guardian of the victim, or a close relative of a
201-16 deceased victim at the victim's, the guardian of the victim's, or a
201-17 close relative of a deceased victim's last known telephone number
201-18 or address as shown on the records of the department constitutes a
201-19 reasonable attempt to give notice under this section.
201-20 (c) In this section, "close relative of a deceased victim,"
201-21 "guardian of a victim," and "victim" have the meanings assigned by
201-22 Article 56.01, Code of Criminal Procedure.
201-23 (b) Section 1, Chapter 252, Acts of the 74th Legislature,
201-24 Regular Session, 1995, is repealed.
202-1 SECTION 9.09. (a) Chapter 76, Government Code, is amended
202-2 to conform to Section 3.0151, Chapter 321, Acts of the 74th
202-3 Legislature, Regular Session, 1995, by adding Section 76.017 to
202-4 read as follows:
202-5 Sec. 76.017. TREATMENT ALTERNATIVE TO INCARCERATION PROGRAM.
202-6 (a) A department may establish a treatment alternative to
202-7 incarceration program in each county served by the department
202-8 according to standards adopted by the division. A department may
202-9 enter into an interlocal cooperation agreement with one or more
202-10 other departments in order to establish this program on a regional
202-11 basis.
202-12 (b) The program must:
202-13 (1) include automatic screening and assessment of a
202-14 person arrested for an offense, other than a Class C misdemeanor,
202-15 in which an element of the offense is the use or possession of
202-16 alcohol or the use, possession, or sale of a controlled substance
202-17 or marihuana;
202-18 (2) include automatic screening and assessment of a
202-19 person arrested for an offense, other than a Class C misdemeanor,
202-20 in which the use of alcohol or drugs is suspected to have
202-21 significantly contributed to the offense for which the individual
202-22 has been arrested;
202-23 (3) coordinate the screening, assessment, and referral
202-24 to treatment services; and
203-1 (4) make referrals for the appropriate treatment of a
203-2 person determined to be in need of treatment.
203-3 (c) A program administered under this section must use a
203-4 screening and assessment procedure developed or approved by the
203-5 division.
203-6 (d) After a person is screened and assessed, a
203-7 representative of the department shall meet with the participating
203-8 criminal justice and treatment agencies to review the person's case
203-9 and to determine if the person should be referred for treatment.
203-10 If a person is considered appropriate for referral, the person may
203-11 be referred to community-based treatment in accordance with
203-12 applicable law or any other treatment program deemed appropriate.
203-13 A magistrate may order a person to participate in a treatment
203-14 program recommended under this section as a condition of bond or
203-15 condition of pretrial release.
203-16 (e) A department may contract for the provision of treatment
203-17 services. The department may pay for services only if other
203-18 adequate public or private sources of payment are not available. A
203-19 person is responsible for the payment of any treatment program
203-20 recommended under this section if it is determined that a person
203-21 referred for treatment is able to pay for the costs of treatment or
203-22 if the person has insurance that will pay for the treatment. If a
203-23 person is able to pay for treatment or if the person has insurance
203-24 that will pay for the treatment, the payment may be made a
204-1 condition for receiving treatment.
204-2 (f) An employee of a department or treatment provider either
204-3 administering this program or providing services under this section
204-4 may exchange or otherwise disclose information regarding the
204-5 assessment, evaluation, or treatment of a person participating in
204-6 this program to:
204-7 (1) another employee of the department;
204-8 (2) an officer in the court that has jurisdiction over
204-9 the person's case;
204-10 (3) a county sheriff or jail administrator;
204-11 (4) an employee of the Texas Department of Criminal
204-12 Justice; or
204-13 (5) any employee in a facility, institution, or
204-14 halfway house in which a person may be confined in accordance with
204-15 a disposition of the criminal charges in the case.
204-16 (b) Section 3.0151, Chapter 321, Acts of the 74th
204-17 Legislature, Regular Session, 1995, is repealed.
204-18 ARTICLE 10. CHANGES RELATING TO PROVISIONS FOR
204-19 THE LICENSING OF PERSONS TO CARRY A CONCEALED HANDGUN
204-20 SECTION 10.01. (a) Chapter 411, Government Code, is amended
204-21 to codify Article 4413(29ee), Revised Statutes, by adding
204-22 Subchapter H to read as follows:
204-23 SUBCHAPTER H. LICENSE TO CARRY A CONCEALED HANDGUN
204-24 Sec. 411.171. DEFINITIONS. In this subchapter:
205-1 (1) "Action" means single action, revolver, or
205-2 semi-automatic action.
205-3 (2) "Chemically dependent person" means a person who
205-4 frequently or repeatedly becomes intoxicated by excessive
205-5 indulgence in alcohol or uses controlled substances or dangerous
205-6 drugs so as to acquire a fixed habit and an involuntary tendency to
205-7 become intoxicated or use those substances as often as the
205-8 opportunity is presented.
205-9 (3) "Concealed handgun" means a handgun, the presence
205-10 of which is not openly discernible to the ordinary observation of a
205-11 reasonable person.
205-12 (4) "Convicted" means an adjudication of guilt or an
205-13 order of deferred adjudication entered against a person by a court
205-14 of competent jurisdiction whether or not:
205-15 (A) the imposition of the sentence is
205-16 subsequently probated and the person is discharged from community
205-17 supervision; or
205-18 (B) the person is pardoned for the offense,
205-19 unless the pardon is expressly granted for subsequent proof of
205-20 innocence.
205-21 (5) "Handgun" has the meaning assigned by Section
205-22 46.01, Penal Code.
205-23 (6) "Intoxicated" has the meaning assigned by Section
205-24 49.01, Penal Code.
206-1 (7) "Qualified handgun instructor" means a person who
206-2 is certified to instruct in the use of handguns by the department.
206-3 (8) "Unsound mind" means the mental condition of a
206-4 person who:
206-5 (A) has been adjudicated mentally incompetent,
206-6 mentally ill, or not guilty of a criminal offense by reason of
206-7 insanity;
206-8 (B) has been diagnosed by a licensed physician
206-9 as being characterized by a mental disorder or infirmity that
206-10 renders the person incapable of managing the person's self or the
206-11 person's affairs, unless the person furnishes a certificate from a
206-12 licensed physician stating that the person is no longer disabled or
206-13 under any medication for the treatment of a mental or psychiatric
206-14 disorder; or
206-15 (C) has been diagnosed by a licensed physician
206-16 as suffering from depression, manic depression, or post-traumatic
206-17 stress syndrome, unless the person furnishes a certificate from a
206-18 licensed physician stating that the person is no longer disabled or
206-19 under any medication for the treatment of a mental or psychiatric
206-20 disorder.
206-21 Sec. 411.172. ELIGIBILITY. (a) A person is eligible for a
206-22 license to carry a concealed handgun if the person:
206-23 (1) is a legal resident of this state for the
206-24 six-month period preceding the date of application under this
207-1 subchapter;
207-2 (2) is at least 21 years of age;
207-3 (3) has not been convicted of a felony;
207-4 (4) is not charged with the commission of a Class A or
207-5 Class B misdemeanor or an offense under Section 42.01, Penal Code,
207-6 or of a felony under an information or indictment;
207-7 (5) is not a fugitive from justice for a felony or a
207-8 Class A or Class B misdemeanor;
207-9 (6) is not a chemically dependent person;
207-10 (7) is not a person of unsound mind;
207-11 (8) has not, in the five years preceding the date of
207-12 application, been convicted of a Class A or Class B misdemeanor or
207-13 an offense under Section 42.01, Penal Code;
207-14 (9) is fully qualified under applicable federal and
207-15 state law to purchase a handgun;
207-16 (10) has not been finally determined to be delinquent
207-17 in making a child support payment administered or collected by the
207-18 attorney general;
207-19 (11) has not been finally determined to be delinquent
207-20 in the payment of a tax or other money collected by the
207-21 comptroller, the tax collector of a political subdivision of the
207-22 state, or any agency or subdivision of the state;
207-23 (12) has not been finally determined to be in default
207-24 on a loan made under Chapter 57, Education Code;
208-1 (13) is not currently restricted under a court
208-2 protective order or subject to a restraining order affecting the
208-3 spousal relationship, other than a restraining order solely
208-4 affecting property interests;
208-5 (14) has not, in the 10 years preceding the date of
208-6 application, been adjudicated as having engaged in delinquent
208-7 conduct violating a penal law of the grade of felony; and
208-8 (15) has not made any material misrepresentation, or
208-9 failed to disclose any material fact, in an application submitted
208-10 pursuant to Section 411.174 or in a request for application
208-11 submitted pursuant to Section 411.175.
208-12 (b) For the purposes of this section, an offense under the
208-13 laws of this state, another state, or the United States is:
208-14 (1) a felony if the offense is so designated by law or
208-15 if confinement for one year or more in a penitentiary is affixed to
208-16 the offense as a possible punishment; and
208-17 (2) a Class A misdemeanor if the offense is not a
208-18 felony and confinement in a jail other than a state jail felony
208-19 facility is affixed as a possible punishment.
208-20 (c) An individual who has been convicted two times within
208-21 the 10-year period preceding the date on which the person applies
208-22 for a license of an offense of the grade of Class B misdemeanor or
208-23 greater that involves the use of alcohol or a controlled substance
208-24 as a statutory element of the offense is a chemically dependent
209-1 person for purposes of this section and is not qualified to receive
209-2 a license under this subchapter. This subsection does not preclude
209-3 the disqualification of an individual for being a chemically
209-4 dependent person if other evidence exists to show that the person
209-5 is a chemically dependent person.
209-6 Sec. 411.173. RECIPROCAL LICENSE. On application by a
209-7 person who has a valid license to carry a concealed handgun issued
209-8 by another state, the department may issue to the person a license
209-9 under this subchapter without requiring that the person meet
209-10 eligibility requirements or pay fees otherwise imposed under this
209-11 subchapter, but only if the department determines that:
209-12 (1) the eligibility requirements imposed by the other
209-13 state are at least as rigorous as the requirements imposed by this
209-14 subchapter; and
209-15 (2) the other state provides reciprocal licensing
209-16 privileges to a person who holds a license issued under this
209-17 subchapter and applies for a license in the other state.
209-18 Sec. 411.174. APPLICATION. (a) An applicant for a license
209-19 to carry a concealed handgun must submit to the director's designee
209-20 described by Section 411.176:
209-21 (1) a completed application on a form provided by the
209-22 department that requires only the information listed in Subsection
209-23 (b);
209-24 (2) two recent color passport photographs of the
210-1 applicant;
210-2 (3) a certified copy of the applicant's birth
210-3 certificate or certified proof of age;
210-4 (4) proof of residency in this state;
210-5 (5) two complete sets of legible and classifiable
210-6 fingerprints of the applicant taken by a person employed by a law
210-7 enforcement agency who is appropriately trained in recording
210-8 fingerprints;
210-9 (6) a nonrefundable application and license fee of
210-10 $140 paid to the department;
210-11 (7) a handgun proficiency certificate described by
210-12 Section 411.189;
210-13 (8) an affidavit signed by the applicant stating that
210-14 the applicant:
210-15 (A) has read and understands each provision of
210-16 this subchapter that creates an offense under the laws of this
210-17 state and each provision of the laws of this state related to use
210-18 of deadly force; and
210-19 (B) fulfills all the eligibility requirements
210-20 listed under Section 411.172; and
210-21 (9) a form executed by the applicant that authorizes
210-22 the director to make an inquiry into any noncriminal history
210-23 records that are necessary to determine the applicant's eligibility
210-24 for a license under Section 411.172(a).
211-1 (b) An applicant must provide on the application a statement
211-2 of the applicant's:
211-3 (1) full name and place and date of birth;
211-4 (2) race and sex;
211-5 (3) residence and business addresses for the preceding
211-6 five years;
211-7 (4) hair and eye color;
211-8 (5) height and weight;
211-9 (6) driver's license number or identification
211-10 certificate number issued by the department;
211-11 (7) criminal history record information of the type
211-12 maintained by the department under this chapter, including a list
211-13 of offenses for which the applicant was arrested, charged, or under
211-14 an information or indictment and the disposition of the offenses;
211-15 and
211-16 (8) history during the preceding five years, if any,
211-17 of treatment received by, commitment to, or residence in:
211-18 (A) a drug or alcohol treatment center licensed
211-19 to provide drug or alcohol treatment under the laws of this state
211-20 or another state; or
211-21 (B) a psychiatric hospital.
211-22 (c) The department shall distribute on request a copy of
211-23 this subchapter and application materials.
211-24 Sec. 411.175. REQUEST FOR APPLICATION MATERIALS. (a) A
212-1 person applying for a license to carry a concealed handgun must
212-2 apply by obtaining a request for application materials from a
212-3 handgun dealer, the department, or any other person or entity
212-4 approved by the department. The request for application materials
212-5 must include the applicant's full name, address, race, sex, height,
212-6 date of birth, and driver's license number and such other
212-7 identifying information as required by department rule. The
212-8 department shall prescribe the form of the request and make the
212-9 form available to interested parties. An individual who desires to
212-10 receive application materials must complete the request for
212-11 application materials and forward it to the department at its
212-12 Austin address. The department shall review all requests for
212-13 application materials and make a preliminary determination as to
212-14 whether or not the individual is qualified to receive a handgun
212-15 license. If an individual is not disqualified to receive a handgun
212-16 license, the department shall forward to the individual the
212-17 appropriate application materials. The applicant must complete the
212-18 application materials and forward the completed materials to the
212-19 department at its Austin address.
212-20 (b) If a preliminary review indicates that an individual
212-21 will not be qualified to receive a handgun license, the department
212-22 shall send written notification to that individual. The notice
212-23 shall provide the reason that the preliminary review indicates that
212-24 the individual is not entitled to receive a handgun license. The
213-1 department shall give the individual an opportunity to correct
213-2 whatever defect may exist.
213-3 Sec. 411.176. REVIEW OF APPLICATION MATERIALS. (a) On
213-4 receipt of the application materials by the department at its
213-5 Austin headquarters, the department shall conduct the appropriate
213-6 criminal history record check of the applicant through its
213-7 computerized criminal history system. Not later than the 30th day
213-8 after the date the department receives the application materials,
213-9 the department shall forward the materials to the director's
213-10 designee in the geographical area of the applicant's residence so
213-11 that the designee may conduct the investigation described by
213-12 Subsection (b).
213-13 (b) The director's designee as needed shall conduct an
213-14 additional criminal history record check of the applicant and an
213-15 investigation of the applicant's local official records to verify
213-16 the accuracy of the application materials. The scope of the record
213-17 check and the investigation are at the sole discretion of the
213-18 department. The department shall send a fingerprint card to the
213-19 Federal Bureau of Investigation for a national criminal history
213-20 check of the applicant. On completion of the investigation, the
213-21 director's designee shall return all materials and the result of
213-22 the investigation to the appropriate division of the department at
213-23 its Austin headquarters. The director's designee may submit to the
213-24 appropriate division of the department, at the department's Austin
214-1 headquarters, along with the application materials a written
214-2 recommendation for disapproval of the application, accompanied by
214-3 an affidavit stating personal knowledge or naming persons with
214-4 personal knowledge of a ground for denial under Section 411.172.
214-5 The director's designee in the appropriate geographical area may
214-6 also submit the application and the recommendation that the license
214-7 be issued.
214-8 Sec. 411.177. ISSUANCE OR DENIAL OF LICENSE. (a) The
214-9 department shall issue a license to carry a concealed handgun to an
214-10 applicant if the applicant meets all the eligibility requirements
214-11 and submits all the application materials. The department may
214-12 issue a license to carry handguns only of the categories indicated
214-13 on the applicant's certificate of proficiency issued under Section
214-14 411.189. The department shall administer the licensing procedures
214-15 in good faith so that any applicant who meets all the eligibility
214-16 requirements and submits all the application materials shall
214-17 receive a license. The department may not deny an application on
214-18 the basis of a capricious or arbitrary decision by the department.
214-19 (b) The department, not later than the 60th day after the
214-20 date of the receipt by the director's designee of the completed
214-21 application materials, shall:
214-22 (1) issue the license; or
214-23 (2) notify the applicant in writing that the
214-24 application was denied:
215-1 (A) on the grounds that the applicant failed to
215-2 qualify under the criteria listed in Section 411.172;
215-3 (B) based on the affidavit of the director's
215-4 designee submitted to the department under Section 411.176(b); or
215-5 (C) based on the affidavit of the qualified
215-6 handgun instructor submitted to the department under Section
215-7 411.189(c).
215-8 (c) Failure of the department to issue or deny a license for
215-9 a period of more than 30 days after the department is required to
215-10 act under Subsection (b) constitutes denial.
215-11 (d) A license issued under this subchapter is effective from
215-12 the date of issuance.
215-13 Sec. 411.178. NOTICE TO LOCAL LAW ENFORCEMENT. If the
215-14 department issues a license, the department shall notify the
215-15 sheriff of the county in which the license holder resides that a
215-16 license has been issued to the license holder. On request of a
215-17 local law enforcement agency, the department shall notify the
215-18 agency of the licenses that have been issued to license holders who
215-19 reside in the county in which the agency is located.
215-20 Sec. 411.179. FORM OF LICENSE. (a) The department by rule
215-21 shall adopt the form of the license. A license must include:
215-22 (1) a number assigned to the license holder by the
215-23 department;
215-24 (2) a statement of the period for which the license is
216-1 effective;
216-2 (3) a statement of the category or categories of
216-3 handguns the license holder may carry as provided by Subsection
216-4 (b);
216-5 (4) a color photograph of the license holder; and
216-6 (5) the license holder's full name, date of birth,
216-7 residence address, hair and eye color, height, weight, signature,
216-8 and the number of a driver's license or an identification
216-9 certificate issued to the license holder by the department.
216-10 (b) A category of handguns contains handguns that are not
216-11 prohibited by law and are of certain actions. The categories of
216-12 handguns are:
216-13 (1) SA: any handguns, whether semi-automatic or not;
216-14 and
216-15 (2) NSA: handguns that are not semi-automatic.
216-16 Sec. 411.180. NOTIFICATION OF DENIAL, REVOCATION, OR
216-17 SUSPENSION OF LICENSE; REVIEW. (a) The department shall give
216-18 written notice to each applicant for a handgun license of any
216-19 denial, revocation, or suspension of that license. Not later than
216-20 the 30th day after the notice is received by the applicant,
216-21 according to the records of the department, the applicant or
216-22 license holder may request a hearing on the denial, revocation, or
216-23 suspension. The applicant must make a written request for a
216-24 hearing addressed to the department at its Austin address. The
217-1 request for hearing must reach the department in Austin prior to
217-2 the 30th day after the date of receipt of the written notice. On
217-3 receipt of a request for hearing from a license holder or
217-4 applicant, the department shall promptly schedule a hearing in the
217-5 appropriate justice court in the county of residence of the
217-6 applicant or license holder. The justice court shall conduct a
217-7 hearing to review the denial, revocation, or suspension of the
217-8 license. In a proceeding under this section, a justice of the
217-9 peace shall act as an administrative hearing officer. A hearing
217-10 under this section is not subject to Chapter 2001 (Administrative
217-11 Procedure Act). A district attorney or county attorney, the
217-12 attorney general, or a designated member of the department may
217-13 represent the department.
217-14 (b) The department, on receipt of a request for hearing,
217-15 shall file the appropriate petition in the justice court selected
217-16 for the hearing and send a copy of that petition to the applicant
217-17 or license holder at the address contained in departmental records.
217-18 A hearing under this section must be scheduled within 30 days of
217-19 receipt of the request for a hearing. The hearing shall be held
217-20 expeditiously but in no event more than 60 days after the date that
217-21 the applicant or license holder requested the hearing. The date of
217-22 the hearing may be reset on the motion of either party, by
217-23 agreement of the parties, or by the court as necessary to
217-24 accommodate the court's docket.
218-1 (c) The justice court shall determine if the denial,
218-2 revocation, or suspension is supported by a preponderance of the
218-3 evidence. Both the applicant or license holder and the department
218-4 may present evidence. The court shall affirm the denial,
218-5 revocation, or suspension if the court determines that denial,
218-6 revocation, or suspension is supported by a preponderance of the
218-7 evidence. If the court determines that the denial, revocation, or
218-8 suspension is not supported by a preponderance of the evidence, the
218-9 court shall order the department to immediately issue or return the
218-10 license to the applicant or license holder.
218-11 (d) A proceeding under this section is subject to Chapter
218-12 105, Civil Practice and Remedies Code, relating to fees, expenses,
218-13 and attorney's fees.
218-14 (e) A party adversely affected by the court's ruling
218-15 following a hearing under this section may appeal the ruling by
218-16 filing within 30 days after the ruling a petition in a county court
218-17 at law in the county in which the applicant or license holder
218-18 resides or, if there is no county court at law in the county, in
218-19 the county court of the county. A person who appeals under this
218-20 section must send by certified mail a copy of the person's
218-21 petition, certified by the clerk of the court in which the petition
218-22 is filed, to the appropriate division of the department at its
218-23 Austin headquarters. The trial on appeal shall be a trial de novo
218-24 without a jury. A district or county attorney or the attorney
219-1 general may represent the department.
219-2 (f) A suspension of a license may not be probated.
219-3 (g) If an applicant or a license holder does not petition
219-4 the justice court, a denial becomes final and a revocation or
219-5 suspension takes effect on the 30th day after receipt of written
219-6 notice.
219-7 (h) The department may use and introduce into evidence
219-8 certified copies of governmental records to establish the existence
219-9 of certain events that could result in the denial, revocation, or
219-10 suspension of a license under this subchapter, including records
219-11 regarding convictions, judicial findings regarding mental
219-12 competency, judicial findings regarding chemical dependency, or
219-13 other matters that may be established by governmental records that
219-14 have been properly authenticated.
219-15 Sec. 411.181. NOTICE OF CHANGE OF ADDRESS OR NAME. (a) If
219-16 a person who is a current license holder moves from the address
219-17 stated on the license or if the name of the person is changed by
219-18 marriage or otherwise, the person shall, not later than the 30th
219-19 day after the date of the address or name change, notify the
219-20 department and provide the department with the number of the
219-21 person's license and the person's:
219-22 (1) former and new addresses; or
219-23 (2) former and new names.
219-24 (b) If the name of the license holder is changed by marriage
220-1 or otherwise, the person shall apply for a duplicate license.
220-2 (c) If a license holder moves from the address stated on the
220-3 license, the person shall apply for a duplicate license.
220-4 (d) The department shall charge a license holder a fee of
220-5 $25 for a duplicate license.
220-6 (e) The department shall make the forms available on
220-7 request.
220-8 (f) The department shall notify the sheriff of the county in
220-9 which a license holder resides of a change made under Subsection
220-10 (a) by the license holder. On request of a local law enforcement
220-11 agency, the department shall notify the agency of changes made
220-12 under Subsection (a) by license holders who reside in the county in
220-13 which the agency is located.
220-14 (g) If a license is lost, stolen, or destroyed, the license
220-15 holder shall apply for a duplicate license not later than the 30th
220-16 day after the date of the loss, theft, or destruction of the
220-17 license.
220-18 (h) If a license holder is required under this section to
220-19 apply for a duplicate license and the license expires not later
220-20 than the 60th day after the date of the loss, theft, or destruction
220-21 of the license, the applicant may renew the license with the
220-22 modified information included on the new license. The applicant
220-23 must pay only the nonrefundable renewal fee.
220-24 Sec. 411.182. NOTICE. (a) For the purpose of a notice
221-1 required by this subchapter, the department may assume that the
221-2 address currently reported to the department by the applicant or
221-3 license holder is the correct address.
221-4 (b) A written notice meets the requirements under this
221-5 subchapter if the notice is sent by certified mail to the current
221-6 address reported by the applicant or license holder to the
221-7 department.
221-8 (c) If a notice is returned to the department because the
221-9 notice is not deliverable, the department may give notice by
221-10 publication once in a newspaper of general interest in the county
221-11 of the applicant's or license holder's last reported address. On
221-12 the 31st day after the date the notice is published, the department
221-13 may take the action proposed in the notice.
221-14 Sec. 411.183. EXPIRATION. (a) A license issued under this
221-15 subchapter expires on the first birthday of the license holder
221-16 occurring after the fourth anniversary of the date of issuance.
221-17 (b) A renewed license expires on the license holder's
221-18 birthdate, four years after the date of the expiration of the
221-19 previous license.
221-20 (c) A duplicate license expires on the date the license that
221-21 was duplicated would have expired.
221-22 (d) A modified license expires on the date the license that
221-23 was modified would have expired.
221-24 (e) Notwithstanding Subsection (a), the department by rule
222-1 may adopt a system to implement staggered and evenly distributed
222-2 license expiration dates over the four-year period beginning
222-3 January 1, 1996. The department may not issue a license that is
222-4 effective for less than two years. A license that is effective for
222-5 less than four years and is renewed expires as provided by
222-6 Subsection (b). Notwithstanding Section 411.174(a)(6), the
222-7 department by rule shall prorate the nonrefundable application and
222-8 license fee for applicants who receive licenses that are effective
222-9 for less than four years under this subsection. This subsection
222-10 expires January 1, 2005.
222-11 Sec. 411.184. MODIFICATION. (a) To modify a license to
222-12 allow a license holder to carry a handgun of a different category
222-13 than the license indicates, the license holder must:
222-14 (1) complete a proficiency examination as provided by
222-15 Section 411.188(e);
222-16 (2) obtain a handgun proficiency certificate under
222-17 Section 411.189 not more than six months before the date of
222-18 application for a modified license; and
222-19 (3) submit to the department:
222-20 (A) an application for a modified license on a
222-21 form provided by the department;
222-22 (B) a copy of the handgun proficiency
222-23 certificate;
222-24 (C) payment of a modified license fee of $25;
223-1 and
223-2 (D) two recent color passport photographs of the
223-3 license holder.
223-4 (b) The director by rule shall adopt a modified license
223-5 application form requiring an update of the information on the
223-6 original completed application.
223-7 (c) The department may modify the license of a license
223-8 holder who meets all the eligibility requirements and submits all
223-9 the modification materials. Not later than the 45th day after
223-10 receipt of the modification materials, the department shall issue
223-11 the modified license or notify the license holder in writing that
223-12 the modified license application was denied.
223-13 (d) On receipt of a modified license, the license holder
223-14 shall return the previously issued license to the department.
223-15 Sec. 411.185. RENEWAL. (a) To renew a license, a license
223-16 holder must:
223-17 (1) complete a continuing education course in handgun
223-18 proficiency under Section 411.188(c) not more than six months
223-19 before the date of application for renewal;
223-20 (2) obtain a handgun proficiency certificate under
223-21 Section 411.189 not more than six months before the date of
223-22 application for renewal; and
223-23 (3) submit to the department:
223-24 (A) an application for renewal on a form
224-1 provided by the department;
224-2 (B) a copy of the handgun proficiency
224-3 certificate;
224-4 (C) payment of a nonrefundable renewal fee as
224-5 set by the department; and
224-6 (D) two recent color passport photographs of the
224-7 applicant.
224-8 (b) The director by rule shall adopt a renewal application
224-9 form requiring an update of the information on the original
224-10 completed application. The director by rule shall set the renewal
224-11 fee in an amount that is sufficient to cover the actual cost to the
224-12 department to renew a license. Not later than the 60th day before
224-13 the expiration date of the license, the department shall mail to
224-14 each license holder a written notice of the expiration of the
224-15 license and a renewal form.
224-16 (c) The department shall renew the license of a license
224-17 holder who meets all the eligibility requirements and submits all
224-18 the renewal materials. Not later than the 45th day after receipt
224-19 of the renewal materials, the department shall issue the renewal or
224-20 notify the license holder in writing that the renewal application
224-21 was denied.
224-22 (d) The director by rule shall adopt a procedure by which a
224-23 license holder who satisfies the eligibility criteria may renew a
224-24 license by mail. The materials for renewal by mail must include a
225-1 form to be signed and returned to the department by the applicant
225-2 that describes state law regarding:
225-3 (1) the use of deadly force; and
225-4 (2) the places where it is unlawful for the holder of
225-5 a license issued under this subchapter to carry a concealed
225-6 handgun.
225-7 Sec. 411.186. REVOCATION. (a) A license may be revoked
225-8 under this section if the license holder:
225-9 (1) was not entitled to the license at the time it was
225-10 issued;
225-11 (2) gave false information on the application;
225-12 (3) subsequently becomes ineligible for a license
225-13 under Section 411.172; or
225-14 (4) is convicted of an offense under Section 46.035,
225-15 Penal Code.
225-16 (b) If a peace officer believes a reason listed in
225-17 Subsection (a) to revoke a license exists, the officer shall
225-18 prepare an affidavit on a form provided by the department stating
225-19 the reason for the revocation of the license and giving the
225-20 department all of the information available to the officer at the
225-21 time of the preparation of the form. The officer shall attach the
225-22 officer's reports relating to the license holder to the form and
225-23 send the form and attachments to the appropriate division of the
225-24 department at its Austin headquarters not later than the fifth
226-1 working day after the date the form is prepared. The officer shall
226-2 send a copy of the form and the attachments to the license holder.
226-3 If the license holder has not surrendered the license or the
226-4 license was not seized as evidence, the license holder shall
226-5 surrender the license to the appropriate division of the department
226-6 not later than the 10th day after the date the license holder
226-7 receives the notice of revocation from the department, unless the
226-8 license holder requests a hearing from the department. The license
226-9 holder may request that the justice court in the justice court
226-10 precinct in which the license holder resides review the revocation
226-11 as provided by Section 411.180. If a request is made for the
226-12 justice court to review the revocation and hold a hearing, the
226-13 license holder shall surrender the license on the date an order of
226-14 revocation is entered by the justice court.
226-15 (c) A license holder whose license is revoked for a reason
226-16 listed in this section may reapply as a new applicant for the
226-17 issuance of a license under this subchapter after the second
226-18 anniversary of the date of the revocation if the cause for
226-19 revocation does not exist on the date of the second anniversary.
226-20 If the cause for revocation exists on the date of the second
226-21 anniversary after the date of revocation, the license holder may
226-22 not apply for a new license until the cause for revocation no
226-23 longer exists and has not existed for a period of two years.
226-24 Sec. 411.187. SUSPENSION OF LICENSE. (a) A license may be
227-1 suspended under this section if the license holder:
227-2 (1) is convicted of disorderly conduct punishable as a
227-3 Class C misdemeanor under Section 42.01, Penal Code;
227-4 (2) fails to display a license as required by Section
227-5 411.205;
227-6 (3) fails to notify the department of a change of
227-7 address or name as required by Section 411.181;
227-8 (4) carries a concealed handgun under the authority of
227-9 this subchapter of a different category than the license holder is
227-10 licensed to carry;
227-11 (5) has been charged by indictment with the commission
227-12 of an offense that would make the license holder ineligible for a
227-13 license on conviction; or
227-14 (6) fails to return a previously issued license after
227-15 a license is modified as required by Section 411.184(d).
227-16 (b) If a peace officer believes a reason listed in
227-17 Subsection (a) to suspend a license exists, the officer shall
227-18 prepare an affidavit on a form provided by the department stating
227-19 the reason for the suspension of the license and giving the
227-20 department all of the information available to the officer at the
227-21 time of the preparation of the form. The officer shall attach the
227-22 officer's reports relating to the license holder to the form and
227-23 send the form and the attachments to the appropriate division of
227-24 the department at its Austin headquarters not later than the fifth
228-1 working day after the date the form is prepared. The officer shall
228-2 send a copy of the form and the attachments to the license holder.
228-3 If the license holder has not surrendered the license or the
228-4 license was not seized as evidence, the license holder shall
228-5 surrender the license to the appropriate division of the department
228-6 not later than the 10th day after the date the license holder
228-7 receives the notice of suspension from the department unless the
228-8 license holder requests a hearing from the department. The license
228-9 holder may request that the justice court in the justice court
228-10 precinct in which the license holder resides review the suspension
228-11 as provided by Section 411.180. If a request is made for the
228-12 justice court to review the suspension and hold a hearing, the
228-13 license holder shall surrender the license on the date an order of
228-14 suspension is entered by the justice court.
228-15 (c) A license may be suspended under this section for not
228-16 less than one year and not more than three years.
228-17 Sec. 411.188. HANDGUN PROFICIENCY REQUIREMENT. (a) The
228-18 director by rule shall establish minimum standards for handgun
228-19 proficiency and shall develop a course to teach handgun proficiency
228-20 and examinations to measure handgun proficiency. The course to
228-21 teach handgun proficiency must contain training sessions divided
228-22 into two parts. One part of the course must be classroom
228-23 instruction and the other part must be range instruction and an
228-24 actual demonstration by the applicant of the applicant's ability to
229-1 safely and proficiently use the category of handgun for which the
229-2 applicant seeks certification. An applicant may not be certified
229-3 unless the applicant demonstrates, at a minimum, the degree of
229-4 proficiency that is required to effectively operate a 9-millimeter
229-5 or .38-caliber handgun. The department shall distribute the
229-6 standards, course requirements, and examinations on request to any
229-7 qualified handgun instructor.
229-8 (b) Only a qualified handgun instructor may administer a
229-9 handgun proficiency course. The handgun proficiency course must
229-10 include at least 10 hours and not more than 15 hours of instruction
229-11 on:
229-12 (1) the laws that relate to weapons and to the use of
229-13 deadly force;
229-14 (2) handgun use, proficiency, and safety;
229-15 (3) nonviolent dispute resolution; and
229-16 (4) proper storage practices for handguns with an
229-17 emphasis on storage practices that eliminate the possibility of
229-18 accidental injury to a child.
229-19 (c) The department by rule shall develop a continuing
229-20 education course in handgun proficiency for a license holder who
229-21 wishes to renew a license. Only a qualified handgun instructor may
229-22 administer the continuing education course. The course must
229-23 include:
229-24 (1) at least four hours of instruction on one or more
230-1 of the subjects listed in Subsection (b); and
230-2 (2) other information the director determines is
230-3 appropriate.
230-4 (d) Only a qualified handgun instructor may administer the
230-5 proficiency examination to obtain or to renew a license. The
230-6 proficiency examination must include:
230-7 (1) a written section on the subjects listed in
230-8 Subsection (b); and
230-9 (2) a physical demonstration of proficiency in the use
230-10 of one or more handguns of specific categories and in handgun
230-11 safety procedures.
230-12 (e) Only a qualified handgun instructor may administer the
230-13 proficiency examination to modify a license. The proficiency
230-14 examination must include a physical demonstration of the
230-15 proficiency in the use of one or more handguns of specific
230-16 categories and in handgun safety procedures.
230-17 (f) The department shall develop and distribute directions
230-18 and materials for course instruction, test administration, and
230-19 recordkeeping. All test results shall be sent to the department,
230-20 and the department shall maintain a record of the results.
230-21 (g) A person who wishes to obtain or renew a license to
230-22 carry a concealed handgun must apply in person to a qualified
230-23 handgun instructor to take the appropriate course in handgun
230-24 proficiency, demonstrate handgun proficiency, and obtain a handgun
231-1 proficiency certificate as described by Section 411.189.
231-2 (h) A license holder who wishes to modify a license to allow
231-3 the license holder to carry a handgun of a different category than
231-4 the license indicates must apply in person to a qualified handgun
231-5 instructor to demonstrate the required knowledge and proficiency to
231-6 obtain a handgun proficiency certificate in that category as
231-7 described by Section 411.189.
231-8 (i) A certified firearms instructor of the department may
231-9 monitor any class or training presented by a qualified handgun
231-10 instructor. A qualified handgun instructor shall cooperate with
231-11 the department in the department's efforts to monitor the
231-12 presentation of training by the qualified handgun instructor. A
231-13 qualified handgun instructor shall make available for inspection to
231-14 the department any and all records maintained by a qualified
231-15 handgun instructor under this subchapter. The qualified handgun
231-16 instructor shall keep a record of all certificates of handgun
231-17 proficiency issued by the qualified handgun instructor and other
231-18 information required by department rule.
231-19 Sec. 411.189. HANDGUN PROFICIENCY CERTIFICATE. (a) The
231-20 department shall develop a sequentially numbered handgun
231-21 proficiency certificate and distribute the certificate to qualified
231-22 handgun instructors who administer the handgun proficiency
231-23 examination described in Section 411.188. The department by rule
231-24 may set a fee not to exceed $5 to cover the cost of the
232-1 certificates.
232-2 (b) If a person successfully completes the proficiency
232-3 requirements as described in Section 411.188, the instructor shall
232-4 endorse a certificate of handgun proficiency provided by the
232-5 department. An applicant must successfully complete both classroom
232-6 and range instruction to receive a certificate. The certificate
232-7 must indicate the category of any handgun for which the applicant
232-8 demonstrated proficiency during the examination.
232-9 (c) A qualified handgun instructor may submit to the
232-10 department a written recommendation for disapproval of the
232-11 application for a license, renewal, or modification of a license,
232-12 accompanied by an affidavit stating personal knowledge or naming
232-13 persons with personal knowledge of facts that lead the instructor
232-14 to believe that an applicant is not qualified for handgun
232-15 proficiency certification.
232-16 Sec. 411.190. QUALIFIED HANDGUN INSTRUCTORS. (a) The
232-17 director may certify as a qualified handgun instructor a person
232-18 who:
232-19 (1) is certified by the Commission on Law Enforcement
232-20 Officer Standards and Education or the Texas Board of Private
232-21 Investigators and Private Security Agencies to instruct others in
232-22 the use of handguns;
232-23 (2) regularly instructs others in the use of handguns
232-24 and has graduated from a handgun instructor school that uses a
233-1 nationally accepted course designed to train persons as handgun
233-2 instructors; or
233-3 (3) is certified by the National Rifle Association of
233-4 America as a handgun instructor.
233-5 (b) In addition to the qualifications described by
233-6 Subsection (a), a qualified handgun instructor must be qualified to
233-7 instruct persons in:
233-8 (1) the laws that relate to weapons and to the use of
233-9 deadly force;
233-10 (2) handgun use, proficiency, and safety;
233-11 (3) nonviolent dispute resolution; and
233-12 (4) proper storage practices for handguns, including
233-13 storage practices that eliminate the possibility of accidental
233-14 injury to a child.
233-15 (c) The department shall provide training to an individual
233-16 who applies for certification as a qualified handgun instructor.
233-17 An applicant shall pay a fee of $100 to the department for the
233-18 training. An applicant must take and successfully complete the
233-19 training offered by the department and pay the training fee before
233-20 the department may certify the applicant as a qualified handgun
233-21 instructor. The department shall waive the requirements regarding
233-22 a handgun proficiency certification under Section 411.189 for an
233-23 applicant for a license to carry a concealed handgun who takes and
233-24 successfully completes training under this subsection and pays the
234-1 training fee. The department by rule may prorate or waive the
234-2 training fee for an employee of another governmental entity.
234-3 (d) The certification of a qualified handgun instructor
234-4 expires on the second anniversary after the date of certification.
234-5 To renew a certification, the qualified handgun instructor must pay
234-6 a fee of $100 and take and successfully complete the retraining
234-7 courses required by department rule.
234-8 (e) After certification, a qualified handgun instructor may
234-9 conduct training for applicants for a license under this
234-10 subchapter.
234-11 (f) If the department determines that a reason exists to
234-12 revoke, suspend, or deny a license to carry a concealed handgun
234-13 with respect to a person who is a qualified handgun instructor or
234-14 an applicant for certification as a qualified handgun instructor,
234-15 the department shall take that action against the person's
234-16 certification as a qualified handgun instructor regardless of
234-17 whether the person has a license issued under this subchapter to
234-18 carry a concealed handgun.
234-19 Sec. 411.191. REVIEW OF DENIAL, REVOCATION, OR SUSPENSION OF
234-20 CERTIFICATION AS QUALIFIED HANDGUN INSTRUCTOR. The procedures for
234-21 the review of a denial, revocation, or suspension of a license
234-22 under Section 411.180 apply to the review of a denial, revocation,
234-23 or suspension of certification as a qualified handgun instructor.
234-24 The notice provisions of this subchapter relating to denial,
235-1 revocation, or suspension of handgun licenses apply to the proposed
235-2 denial, revocation, or suspension of a certification of a qualified
235-3 handgun instructor or an applicant for certification as a qualified
235-4 handgun instructor.
235-5 Sec. 411.192. CONFIDENTIALITY OF RECORDS. The department
235-6 shall disclose to a criminal justice agency information contained
235-7 in its files and records regarding whether a named individual or
235-8 any individual named in a specified list is licensed under this
235-9 subchapter. The department shall, on written request and payment
235-10 of a reasonable fee to cover costs of copying, disclose to any
235-11 other individual whether a named individual or any individual whose
235-12 full name is listed on a specified written list is licensed under
235-13 this subchapter. Information on an individual subject to
235-14 disclosure under this section includes the individual's name, date
235-15 of birth, gender, race, and zip code. Except as otherwise provided
235-16 by this section and by Section 411.193, all other records
235-17 maintained under this subchapter are confidential and are not
235-18 subject to mandatory disclosure under the open records law, Chapter
235-19 552, except that the applicant or license holder may be furnished a
235-20 copy of disclosable records on request and the payment of a
235-21 reasonable fee. The department shall notify a license holder of
235-22 any request that is made for information relating to the license
235-23 holder under this section and provide the name of the person or
235-24 agency making the request. This section does not prohibit the
236-1 department from making public and distributing to the public at no
236-2 cost lists of individuals who are certified as qualified handgun
236-3 instructors by the department.
236-4 Sec. 411.193. STATISTICAL REPORT. The department shall make
236-5 available, on request and payment of a reasonable fee to cover
236-6 costs of copying, a statistical report that includes the number of
236-7 licenses issued, denied, revoked, or suspended by the department
236-8 during the preceding month, listed by age, gender, race, and zip
236-9 code of the applicant or license holder.
236-10 Sec. 411.194. REDUCTION OF FEES DUE TO INDIGENCY.
236-11 (a) Notwithstanding any other provision of this subchapter, the
236-12 department shall reduce by 50 percent any fee required for the
236-13 issuance of an original, duplicate, modified, or renewed license
236-14 under this subchapter if the department determines that the
236-15 applicant is indigent.
236-16 (b) The department shall require an applicant requesting a
236-17 reduction of a fee to submit proof of indigency with the
236-18 application materials.
236-19 (c) For purposes of this section, an applicant is indigent
236-20 if the applicant's income is not more than 100 percent of the
236-21 applicable income level established by the federal poverty
236-22 guidelines.
236-23 Sec. 411.195. REDUCTION OF FEES FOR SENIOR CITIZENS.
236-24 Notwithstanding any other provision of this subchapter, the
237-1 department shall reduce by 50 percent any fee required for the
237-2 issuance of an original, duplicate, or modified license under this
237-3 subchapter if the applicant for the license is 60 years of age or
237-4 older.
237-5 Sec. 411.196. METHOD OF PAYMENT. A person may pay a fee
237-6 required by this subchapter only by cashier's check, money order
237-7 made payable to the "Texas Department of Public Safety," or any
237-8 other method approved by the department. A fee received by the
237-9 department under this subchapter is nonrefundable.
237-10 Sec. 411.197. RULES. The director shall adopt rules to
237-11 administer this subchapter.
237-12 Sec. 411.198. LAW ENFORCEMENT OFFICER ALIAS HANDGUN LICENSE.
237-13 (a) On written approval of the director, the department may issue
237-14 to a law enforcement officer an alias license to carry a concealed
237-15 handgun to be used in supervised activities involving criminal
237-16 investigations.
237-17 (b) It is a defense to prosecution under Section 46.035,
237-18 Penal Code, that the actor, at the time of the commission of the
237-19 offense, was the holder of an alias license issued under this
237-20 section.
237-21 Sec. 411.199. HONORABLY RETIRED PEACE OFFICERS. (a) A
237-22 person who is licensed as a peace officer under Chapter 415 and who
237-23 has been employed full-time as a peace officer by a law enforcement
237-24 agency may apply for a license under this subchapter on retirement.
238-1 The application must be made not later than the first anniversary
238-2 after the date of retirement.
238-3 (b) The person shall submit two complete sets of legible and
238-4 classifiable fingerprints and a sworn statement from the head of
238-5 the law enforcement agency employing the applicant. The statement
238-6 must include:
238-7 (1) the name and rank of the applicant;
238-8 (2) the status of the applicant before retirement;
238-9 (3) whether or not the applicant was accused of
238-10 misconduct at the time of the retirement;
238-11 (4) the physical and mental condition of the
238-12 applicant;
238-13 (5) the type of weapons the applicant had demonstrated
238-14 proficiency with during the last year of employment;
238-15 (6) whether the applicant would be eligible for
238-16 reemployment with the agency, and if not, the reasons the applicant
238-17 is not eligible; and
238-18 (7) a recommendation from the agency head regarding
238-19 the issuance of a license under this subchapter.
238-20 (c) The department may issue a license under this subchapter
238-21 to an applicant under this section if the applicant is honorably
238-22 retired and physically and emotionally fit to possess a handgun.
238-23 In this subsection, "honorably retired" means the applicant:
238-24 (1) did not retire in lieu of any disciplinary action;
239-1 (2) was employed as a full-time peace officer for not
239-2 less than 10 years by one agency; and
239-3 (3) is entitled to receive a pension or annuity for
239-4 service as a law enforcement officer.
239-5 (d) An applicant under this section must pay a fee of $25
239-6 for a license issued under this subchapter.
239-7 (e) A retired peace officer who obtains a license under this
239-8 subchapter must maintain, for the category of weapon licensed, the
239-9 proficiency required for a peace officer under Section 415.035.
239-10 The department or a local law enforcement agency shall allow a
239-11 retired peace officer of the department or agency an opportunity to
239-12 annually demonstrate the required proficiency. The proficiency
239-13 shall be reported to the department on application and renewal.
239-14 (f) A license issued under this section expires as provided
239-15 by Section 411.183.
239-16 (g) A retired criminal investigator of the United States who
239-17 is designated as a "special agent" is eligible for a license under
239-18 this section. An applicant described by this subsection may submit
239-19 the application at any time after retirement. The applicant shall
239-20 submit with the application proper proof of retired status by
239-21 presenting the following documents prepared by the agency from
239-22 which the applicant retired:
239-23 (1) retirement credentials; and
239-24 (2) a letter from the agency head stating the
240-1 applicant retired in good standing.
240-2 Sec. 411.200. APPLICATION TO LICENSED SECURITY OFFICERS.
240-3 This subchapter does not exempt a license holder who is also
240-4 employed as a security officer and licensed under the Private
240-5 Investigators and Private Security Agencies Act (Article
240-6 4413(29bb), Vernon's Texas Civil Statutes) from the duty to comply
240-7 with that Act or Section 46.02, Penal Code.
240-8 Sec. 411.201. ACTIVE AND RETIRED JUDICIAL OFFICERS. (a) In
240-9 this section:
240-10 (1) "Active judicial officer" means a person serving
240-11 as a judge or justice of the supreme court, the court of criminal
240-12 appeals, a court of appeals, a district court, a criminal district
240-13 court, a constitutional county court, a statutory county court, a
240-14 justice court, or a municipal court.
240-15 (2) "Retired judicial officer" means:
240-16 (A) a special judge appointed under Section
240-17 26.023 or 26.024; or
240-18 (B) a senior judge designated under Section
240-19 75.001 or a judicial officer as designated or defined by Section
240-20 75.001, 831.001, or 836.001.
240-21 (b) Notwithstanding any other provision of this subchapter,
240-22 the department shall issue a license under this subchapter to an
240-23 active or retired judicial officer who meets the requirements of
240-24 this section.
241-1 (c) An active judicial officer is eligible for a license to
241-2 carry a concealed handgun under the authority of this subchapter.
241-3 A retired judicial officer is eligible for a license to carry a
241-4 concealed handgun under the authority of this subchapter if the
241-5 officer:
241-6 (1) has not been convicted of a felony;
241-7 (2) has not, in the five years preceding the date of
241-8 application, been convicted of a Class A or Class B misdemeanor;
241-9 (3) is not charged with the commission of a Class A or
241-10 Class B misdemeanor or of a felony under an information or
241-11 indictment;
241-12 (4) is not a chemically dependent person; and
241-13 (5) is not a person of unsound mind.
241-14 (d) An applicant for a license who is an active or retired
241-15 judicial officer must submit to the department:
241-16 (1) a completed application on a form prescribed by
241-17 the department;
241-18 (2) two recent color passport photographs of the
241-19 applicant;
241-20 (3) a handgun proficiency certificate issued to the
241-21 applicant as evidence that the applicant successfully completed the
241-22 proficiency requirements of this subchapter;
241-23 (4) a nonrefundable application and license fee set by
241-24 the department in an amount reasonably designed to cover the
242-1 administrative costs associated with issuance of a license to carry
242-2 a concealed handgun under this subchapter; and
242-3 (5) if the applicant is a retired judicial officer:
242-4 (A) two complete sets of legible and
242-5 classifiable fingerprints of the applicant taken by a person
242-6 employed by a law enforcement agency who is appropriately trained
242-7 in recording fingerprints; and
242-8 (B) a form executed by the applicant that
242-9 authorizes the department to make an inquiry into any noncriminal
242-10 history records that are necessary to determine the applicant's
242-11 eligibility for a license under this subchapter.
242-12 (e) On receipt of all the application materials required by
242-13 this section, the department shall:
242-14 (1) if the applicant is an active judicial officer,
242-15 issue a license to carry a concealed handgun under the authority of
242-16 this subchapter; or
242-17 (2) if the applicant is a retired judicial officer,
242-18 conduct an appropriate background investigation to determine the
242-19 applicant's eligibility for the license and, if the applicant is
242-20 eligible, issue a license to carry a concealed handgun under the
242-21 authority of this subchapter.
242-22 (f) Except as otherwise provided by this subsection, an
242-23 applicant for a license under this section must satisfy the handgun
242-24 proficiency requirements of Section 411.188. The classroom
243-1 instruction part of the proficiency course for an active judicial
243-2 officer is not subject to a minimum hour requirement. The
243-3 instruction must include instruction only on:
243-4 (1) handgun use, proficiency, and safety; and
243-5 (2) proper storage practices for handguns with an
243-6 emphasis on storage practices that eliminate the possibility of
243-7 accidental injury to a child.
243-8 (g) A license issued under this section expires as provided
243-9 by Section 411.183 and, except as otherwise provided by this
243-10 subsection, may be renewed in accordance with Section 411.185 of
243-11 this subchapter. An active judicial officer is not required to
243-12 attend the classroom instruction part of the continuing education
243-13 proficiency course to renew a license.
243-14 (h) The department shall issue a license to carry a
243-15 concealed handgun under the authority of this subchapter to an
243-16 elected attorney representing the state in the prosecution of
243-17 felony cases who meets the requirements of this section for an
243-18 active judicial officer. The department shall waive any fee
243-19 required for the issuance of an original, duplicate, or renewed
243-20 license under this subchapter for an applicant who is an attorney
243-21 elected or employed to represent the state in the prosecution of
243-22 felony cases.
243-23 Sec. 411.202. LICENSE A BENEFIT. The issuance of a license
243-24 under this subchapter is a benefit to the license holder for
244-1 purposes of those sections of the Penal Code to which the
244-2 definition of "benefit" under Section 1.07, Penal Code, applies.
244-3 Sec. 411.203. RIGHTS OF EMPLOYERS. This subchapter does not
244-4 prevent or otherwise limit the right of a public or private
244-5 employer to prohibit persons who are licensed under this subchapter
244-6 from carrying a concealed handgun on the premises of the business.
244-7 Sec. 411.204. NOTICE REQUIRED ON CERTAIN PREMISES. (a) A
244-8 business that has a permit or license issued under Chapter 25, 28,
244-9 32, or 69, Alcoholic Beverage Code, and that derives 51 percent or
244-10 more of its income from the sale of alcoholic beverages for
244-11 on-premises consumption shall prominently display at each entrance
244-12 to the business premises a sign that complies with the requirements
244-13 of Subsection (c).
244-14 (b) A hospital licensed under Chapter 241, Health and Safety
244-15 Code, or a nursing home licensed under Chapter 242, Health and
244-16 Safety Code, shall prominently display at each entrance to the
244-17 hospital or nursing home, as appropriate, a sign that complies with
244-18 the requirements of Subsection (c).
244-19 (c) The sign required under Subsections (a) and (b) must
244-20 give notice in both English and Spanish that it is unlawful to
244-21 carry a handgun on the premises. The sign must appear in
244-22 contrasting colors with block letters at least one inch in height
244-23 and be displayed in a conspicuous manner clearly visible to the
244-24 public.
245-1 Sec. 411.205. DISPLAYING LICENSE; PENALTY. (a) On a demand
245-2 by a magistrate or a peace officer that a license holder display
245-3 the license holder's handgun license, the license holder shall
245-4 display both the license and the license holder's driver's license
245-5 or identification certificate issued by the department.
245-6 (b) If a license holder is carrying a handgun on or about
245-7 the license holder's person when a magistrate or a peace officer
245-8 demands that the license holder display identification, the license
245-9 holder shall display both the license holder's driver's license or
245-10 identification certificate issued by the department and the license
245-11 holder's handgun license.
245-12 (c) A person commits an offense if the person fails or
245-13 refuses to display the license and identification as required by
245-14 Subsection (a) or (b). An offense under this subsection is a Class
245-15 B misdemeanor.
245-16 Sec. 411.206. SEIZURE OF HANDGUN AND LICENSE. (a) If a
245-17 peace officer arrests and takes into custody a license holder who
245-18 is carrying a handgun under the authority of this subchapter, the
245-19 officer shall seize the license holder's handgun and license as
245-20 evidence.
245-21 (b) The provisions of Article 18.19, Code of Criminal
245-22 Procedure, relating to the disposition of weapons seized in
245-23 connection with criminal offenses, apply to a handgun seized under
245-24 this subsection.
246-1 (c) Any judgment of conviction entered by any court for an
246-2 offense under Section 46.035, Penal Code, must contain the handgun
246-3 license number of the convicted license holder. A certified copy
246-4 of the judgment is conclusive and sufficient evidence to justify
246-5 revocation of a license under Section 411.186(a)(4).
246-6 Sec. 411.207. AUTHORITY OF PEACE OFFICER TO DISARM. A peace
246-7 officer who is acting in the lawful discharge of the officer's
246-8 official duties may disarm a license holder at any time the officer
246-9 reasonably believes it is necessary for the protection of the
246-10 license holder, officer, or another individual. The peace officer
246-11 shall return the handgun to the license holder before discharging
246-12 the license holder from the scene if the officer determines that
246-13 the license holder is not a threat to the officer, license holder,
246-14 or another individual and if the license holder has not violated
246-15 any provision of this subchapter or committed any other violation
246-16 that results in the arrest of the license holder.
246-17 Sec. 411.208. LIMITATION OF LIABILITY. (a) A court may not
246-18 hold the state, an agency or subdivision of the state, an officer
246-19 or employee of the state, a peace officer, or a qualified handgun
246-20 instructor liable for damages caused by:
246-21 (1) an action authorized under this subchapter or a
246-22 failure to perform a duty imposed by this subchapter; or
246-23 (2) the actions of an applicant or license holder that
246-24 occur after the applicant has received a license or been denied a
247-1 license under this subchapter.
247-2 (b) A cause of action in damages may not be brought against
247-3 the state, an agency or subdivision of the state, an officer or
247-4 employee of the state, a peace officer, or a qualified handgun
247-5 instructor for any damage caused by the actions of an applicant or
247-6 license holder under this subchapter.
247-7 (c) The department is not responsible for any injury or
247-8 damage inflicted on any person by an applicant or license holder
247-9 arising or alleged to have arisen from an action taken by the
247-10 department under this subchapter.
247-11 (d) The immunities granted under Subsections (a), (b), and
247-12 (c) do not apply to an act or a failure to act by the state, an
247-13 agency or subdivision of the state, an officer of the state, or a
247-14 peace officer if the act or failure to act was capricious or
247-15 arbitrary.
247-16 (b) Article 4413(29ee), Revised Statutes, is repealed.
247-17 SECTION 10.02. Section 46.02(b), Penal Code, as amended by
247-18 Chapters 229, 318, 754, 790, and 998, Acts of the 74th Legislature,
247-19 Regular Session, 1995, is amended to read as follows:
247-20 (b) It is a defense to prosecution under this section that
247-21 the actor was, at the time of the commission of the offense:
247-22 (1) in the actual discharge of his official duties as
247-23 a member of the armed forces or state military forces as defined by
247-24 Section 431.001, Government Code, or as a guard employed by a penal
248-1 institution;
248-2 (2) on his own premises or premises under his control
248-3 unless he is an employee or agent of the owner of the premises and
248-4 his primary responsibility is to act in the capacity of a security
248-5 guard to protect persons or property, in which event he must comply
248-6 with Subdivision (5);
248-7 (3) traveling;
248-8 (4) engaging in lawful hunting, fishing, or other
248-9 sporting activity on the immediate premises where the activity is
248-10 conducted, or was directly en route between the premises and the
248-11 actor's residence, if the weapon is a type commonly used in the
248-12 activity;
248-13 (5) a person who holds a security officer commission
248-14 issued by the Texas Board of Private Investigators and Private
248-15 Security Agencies, if:
248-16 (A) he is engaged in the performance of his
248-17 duties as a security officer or traveling to and from his place of
248-18 assignment;
248-19 (B) he is wearing a distinctive uniform; and
248-20 (C) the weapon is in plain view; [or]
248-21 (6) [(7)] carrying a concealed handgun and a valid
248-22 license issued under Subchapter H, Chapter 411, Government Code
248-23 [Article 4413(29ee), Revised Statutes], to carry a concealed
248-24 handgun of the same category as the handgun the person is
249-1 carrying;[.]
249-2 (7) a person who holds a security officer commission
249-3 and a personal protection authorization issued by the Texas Board
249-4 of Private Investigators and Private Security Agencies and who is
249-5 providing personal protection under the Private Investigators and
249-6 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
249-7 Civil Statutes); or[.]
249-8 (8) [(7)] a holder of an alcoholic beverage permit or
249-9 license or an employee of a holder of an alcoholic beverage permit
249-10 or license if the actor is supervising the operation of the
249-11 permitted or licensed premises.
249-12 SECTION 10.03. Section 46.03(f), Penal Code, is amended to
249-13 read as follows:
249-14 (f) It is not a defense to prosecution under this section
249-15 that the actor possessed a handgun and was licensed to carry a
249-16 concealed handgun under Subchapter H, Chapter 411, Government Code
249-17 [Article 4413(29ee), Revised Statutes].
249-18 SECTION 10.04. Section 46.035, Penal Code, is amended by
249-19 amending Subsections (a)-(f) to read as follows:
249-20 (a) A license holder commits an offense if the license
249-21 holder carries a handgun on or about the license holder's person
249-22 under the authority of Subchapter H, Chapter 411, Government Code
249-23 [Article 4413(29ee), Revised Statutes], and intentionally fails to
249-24 conceal the handgun.
250-1 (b) A license holder commits an offense if the license
250-2 holder intentionally, knowingly, or recklessly carries a handgun
250-3 under the authority of Subchapter H, Chapter 411, Government Code
250-4 [Article 4413(29ee), Revised Statutes], regardless of whether the
250-5 handgun is concealed, on or about the license holder's person:
250-6 (1) on the premises of a business that has a permit or
250-7 license issued under Chapter 25, 28, 32, or 69, Alcoholic Beverage
250-8 Code, if the business derives 51 percent or more of its income from
250-9 the sale of alcoholic beverages for on-premises consumption;
250-10 (2) on the premises where a high school, collegiate,
250-11 or professional sporting event or interscholastic event is taking
250-12 place, unless the license holder is a participant in the event and
250-13 a handgun is used in the event;
250-14 (3) on the premises of a correctional facility;
250-15 (4) on the premises of a hospital licensed under
250-16 Chapter 241, Health and Safety Code, or on the premises of a
250-17 nursing home licensed under Chapter 242, Health and Safety Code,
250-18 unless the license holder has written authorization of the hospital
250-19 or nursing home administration, as appropriate;
250-20 (5) in an amusement park; or
250-21 (6) on the premises of a church, synagogue, or other
250-22 established place of religious worship.
250-23 (c) A license holder commits an offense if the license
250-24 holder intentionally, knowingly, or recklessly carries a handgun
251-1 under the authority of Subchapter H, Chapter 411, Government Code
251-2 [Article 4413(29ee), Revised Statutes], regardless of whether the
251-3 handgun is concealed, at any meeting of a governmental entity.
251-4 (d) A license holder commits an offense if, while
251-5 intoxicated, the license holder carries a handgun under the
251-6 authority of Subchapter H, Chapter 411, Government Code [Article
251-7 4413(29ee), Revised Statutes], regardless of whether the handgun is
251-8 concealed.
251-9 (e) A license holder who is licensed as a security officer
251-10 under the Private Investigators and Private Security Agencies Act
251-11 (Article 4413(29bb), Vernon's Texas Civil Statutes) and employed as
251-12 a security officer commits an offense if, while in the course and
251-13 scope of the security officer's employment, the security officer
251-14 violates a provision of Subchapter H, Chapter 411, Government Code
251-15 [Article 4413(29ee), Revised Statutes].
251-16 (f) In this section:
251-17 (1) "Amusement park" means a permanent indoor or
251-18 outdoor facility or park where amusement rides are available for
251-19 use by the public that is located in a county with a population of
251-20 more than one million, encompasses at least 75 acres in surface
251-21 area, is enclosed with access only through controlled entries, is
251-22 open for operation more than 120 days in each calendar year, and
251-23 has security guards on the premises at all times. The term does
251-24 not include any public or private driveway, street, sidewalk or
252-1 walkway, parking lot, parking garage, or other parking area.
252-2 (2) "License holder" means a person licensed to carry
252-3 a handgun under Subchapter H, Chapter 411, Government Code [Article
252-4 4413(29ee), Revised Statutes].
252-5 (3) "Premises" means a building or a portion of a
252-6 building. The term does not include any public or private
252-7 driveway, street, sidewalk or walkway, parking lot, parking garage,
252-8 or other parking area.
252-9 SECTION 10.05. (a) Section 58.003, Family Code, is amended
252-10 by adding Subsection (m) to read as follows:
252-11 (m) On request of the Department of Public Safety, a
252-12 juvenile court shall reopen and allow the department to inspect the
252-13 files and records of the juvenile court relating to an applicant
252-14 for a license to carry a concealed handgun under Subchapter H,
252-15 Chapter 411, Government Code.
252-16 (b) Section 51.16(m), Family Code, as added by Chapter 229,
252-17 Acts of the 74th Legislature, Regular Session, 1995, is repealed.
252-18 SECTION 10.06. Section 411.047(a), Government Code, is
252-19 amended to read as follows:
252-20 (a) The department shall maintain statistics related to
252-21 responses by law enforcement agencies to incidents in which a
252-22 person licensed to carry a handgun under Subchapter H [Article
252-23 4413(29ee), Revised Statutes,] is arrested for an offense under
252-24 Section 46.035, Penal Code, or discharges a handgun.
253-1 SECTION 10.07. Section 215.001(b), Local Government Code, is
253-2 amended to read as follows:
253-3 (b) Subsection (a) does not affect the authority a
253-4 municipality has under another law to:
253-5 (1) require residents or public employees to be armed
253-6 for personal or national defense, law enforcement, or another
253-7 lawful purpose;
253-8 (2) regulate the discharge of firearms within the
253-9 limits of the municipality;
253-10 (3) regulate the use of property, the location of a
253-11 business, or uses at a business under the municipality's fire code,
253-12 zoning ordinance, or land-use regulations as long as the code,
253-13 ordinance, or regulations are not used to circumvent the intent of
253-14 Subsection (a) or Subdivision (5) of this subsection;
253-15 (4) regulate the use of firearms in the case of an
253-16 insurrection, riot, or natural disaster if the municipality finds
253-17 the regulations necessary to protect public health and safety;
253-18 (5) regulate the storage or transportation of
253-19 explosives to protect public health and safety, except that 25
253-20 pounds or less of black powder for each private residence and 50
253-21 pounds or less of black powder for each retail dealer are not
253-22 subject to regulation; or
253-23 (6) regulate the carrying of a firearm by a person
253-24 other than a person licensed to carry a concealed handgun under
254-1 Subchapter H, Chapter 411, Government Code [Article 4413(29ee),
254-2 Revised Statutes], at a:
254-3 (A) public park;
254-4 (B) public meeting of a municipality, county, or
254-5 other governmental body;
254-6 (C) political rally, parade, or official
254-7 political meeting; or
254-8 (D) nonfirearms-related school, college, or
254-9 professional athletic event.
254-10 ARTICLE 11. CHANGES RELATING TO EXECUTIVE TITLE,
254-11 GOVERNMENT CODE
254-12 SECTION 11.01. (a) Chapter 441, Government Code, is amended
254-13 to codify Chapter 387, Acts of the 73rd Legislature, Regular
254-14 Session, 1993 (Article 1696c, Vernon's Texas Civil Statutes), by
254-15 adding Subchapter H to read as follows:
254-16 SUBCHAPTER H. PRINT ACCESS AIDS FOR
254-17 PERSONS WITH VISUAL DISABILITIES
254-18 Sec. 441.111. DEFINITIONS. In this subchapter:
254-19 (1) "Print access aid" means an item, piece of
254-20 equipment, or product system that improves or facilitates access to
254-21 standard print by enlarging or magnifying print, or by
254-22 electronically converting print to spoken, recorded, or tactile
254-23 format.
254-24 (2) "Public library" has the meaning assigned by
255-1 Section 441.122.
255-2 (3) "Standard print" means text that appears on paper,
255-3 microfilm, microfiche, or other microformat, or in machine-readable
255-4 form, in a type size smaller than 14 points.
255-5 (4) "State library" means the Texas State Library.
255-6 Sec. 441.112. PRINT ACCESS AIDS IN PUBLIC LIBRARIES. (a)
255-7 To make its services and collections more accessible, a public
255-8 library may make a print access aid available for use by a person
255-9 who cannot clearly read printed material because of a visual
255-10 disability.
255-11 (b) If funds from a gift or grant are available for that
255-12 purpose, the state library may acquire and lend at no cost print
255-13 access aids to a public library.
255-14 (c) For a public library to be eligible to receive a print
255-15 access aid under Subsection (b), a community need for the aid must
255-16 exist.
255-17 Sec. 441.113. TRAINING AND INFORMATION. The state library
255-18 may provide to a library requesting or receiving a print access aid
255-19 under this subchapter technical assistance, including assistance
255-20 in:
255-21 (1) explaining to library employees the function of a
255-22 print access aid;
255-23 (2) assessing local needs for use of a print access
255-24 aid;
256-1 (3) providing to library employees training and
256-2 information in the use of a print access aid;
256-3 (4) preparing and distributing public information
256-4 regarding the availability and location of a print access aid; and
256-5 (5) providing assistance in developing policies and
256-6 guidelines for use of an aid.
256-7 Sec. 441.114. MAINTENANCE OF EQUIPMENT. The state library
256-8 may pay the maintenance or repair cost of a print access aid
256-9 supplied to a library under this subchapter out of funds available
256-10 to the library from gifts or grants for that purpose. If the state
256-11 library cannot pay the maintenance or repair cost of an aid, the
256-12 library receiving the aid may pay the maintenance or repair cost or
256-13 return the aid to the state library.
256-14 Sec. 441.115. RELOCATION. The state library shall review
256-15 each library that receives a print access aid under this subchapter
256-16 once every two years to determine whether to relocate an aid
256-17 provided to that library. The state library shall make a
256-18 relocation decision based on population shifts, the use of the
256-19 equipment, and community need.
256-20 Sec. 441.116. FUNDING. (a) The requirements of this
256-21 subchapter for the provision and placement of print access aids by
256-22 the state library are contingent on the receipt of gifts or grants
256-23 for the state library to purchase, maintain, and repair the print
256-24 access aids. If the state library's funds are not sufficient to
257-1 place and maintain a print access aid in a library that may need an
257-2 aid, the state library shall make a placement decision for any
257-3 available aid based on demonstrated community need and local
257-4 support provided by a library.
257-5 (b) Money from the general revenue fund may not be
257-6 appropriated to implement this subchapter.
257-7 (b) Chapter 387, Acts of the 73rd Legislature, Regular
257-8 Session, 1993 (Article 1696c, Vernon's Texas Civil Statutes), is
257-9 repealed.
257-10 ARTICLE 12. CHANGES RELATING TO TRANSFER OF PAROLE LAW
257-11 SECTION 12.01. Subtitle G, Title 4, Government Code, is
257-12 amended to codify Article 42.18, Code of Criminal Procedure, except
257-13 for Sections 29(a) and (h) of that article, by adding Chapter 508
257-14 to read as follows:
257-15 CHAPTER 508. PAROLE AND MANDATORY SUPERVISION
257-16 SUBCHAPTER A. GENERAL PROVISIONS
257-17 Sec. 508.001. DEFINITIONS. In this chapter:
257-18 (1) "Board" means the Board of Pardons and Paroles.
257-19 (2) "Community supervision and corrections department"
257-20 means a department established under Chapter 76.
257-21 (3) "Director" means the director of the pardons and
257-22 paroles division.
257-23 (4) "Division" means the pardons and paroles division.
257-24 (5) "Mandatory supervision" means the release of an
258-1 eligible inmate sentenced to the institutional division so that the
258-2 inmate may serve the remainder of the inmate's sentence not on
258-3 parole but under the supervision of the pardons and paroles
258-4 division.
258-5 (6) "Parole" means the discretionary and conditional
258-6 release of an eligible inmate sentenced to the institutional
258-7 division so that the inmate may serve the remainder of the inmate's
258-8 sentence under the supervision of the pardons and paroles division.
258-9 (7) "Parole officer" means a person appointed by the
258-10 director and assigned the duties of assessment of risks and needs,
258-11 investigation, case management, and supervision of releasees to
258-12 ensure that releasees are complying with the conditions of parole
258-13 or mandatory supervision.
258-14 (8) "Releasee" means a person released on parole or to
258-15 mandatory supervision.
258-16 Sec. 508.002. CLEMENCY, COMMUTATION DISTINGUISHED. Neither
258-17 parole nor mandatory supervision is a commutation of sentence or
258-18 any other form of clemency.
258-19 Sec. 508.003. INAPPLICABLE TO JUVENILES AND CERTAIN INMATES.
258-20 (a) This chapter does not apply to an emergency absence under
258-21 escort granted to an inmate by the institutional division under
258-22 Section 501.006.
258-23 (b) Except as provided by Subsection (c), this chapter does
258-24 not apply to release on parole from an institution for juveniles.
259-1 (c) The provisions of this chapter not in conflict with
259-2 Section 508.156 apply to parole of a person from the Texas Youth
259-3 Commission under that section.
259-4 (Sections 508.004-508.030 reserved for expansion
259-5 SUBCHAPTER B. BOARD OF PARDONS AND PAROLES
259-6 Sec. 508.031. COMPOSITION OF BOARD. (a) The board consists
259-7 of 18 members appointed by the governor with the advice and consent
259-8 of the senate.
259-9 (b) Appointments to the board must be made without regard to
259-10 the race, color, handicap, sex, religion, age, or national origin
259-11 of the appointed members.
259-12 Sec. 508.032. REQUIREMENTS FOR MEMBERSHIP. (a) Board
259-13 members must be representative of the general public.
259-14 (b) A member must have resided in this state for the two
259-15 years before appointment.
259-16 Sec. 508.033. DISQUALIFICATIONS. (a) A person is not
259-17 eligible for appointment as a member of the board if the person or
259-18 the person's spouse:
259-19 (1) is employed by or participates in the management
259-20 of a business entity or other organization receiving funds from the
259-21 department or the board;
259-22 (2) owns or controls, directly or indirectly, more
259-23 than a 10-percent interest in a business entity or other
259-24 organization:
260-1 (A) regulated by the department; or
260-2 (B) receiving funds from the department or the
260-3 board; or
260-4 (3) uses or receives a substantial amount of tangible
260-5 goods, services, or funds from the department or the board, other
260-6 than compensation or reimbursement authorized by law for board
260-7 membership, attendance, or expenses.
260-8 (b) In determining eligibility under Subsection (a)(3), the
260-9 compensation or reimbursement that a board member's spouse receives
260-10 as an employee of the board or the department may not be
260-11 considered. This subsection does not affect any restriction on
260-12 employment or board membership imposed by any other law.
260-13 (c) An employee or paid officer of or consultant to a trade
260-14 association in the field of criminal justice may not be:
260-15 (1) a member of the board; or
260-16 (2) an employee of the division or the board.
260-17 (d) A person who is the spouse of a manager of or paid
260-18 consultant to a trade association in the field of criminal justice
260-19 may not be:
260-20 (1) a member of the board; or
260-21 (2) an employee of the division or the board,
260-22 including an employee who is:
260-23 (A) exempt from the state's classification plan;
260-24 and
261-1 (B) compensated at or above the amount
261-2 prescribed by the General Appropriations Act for step 1, salary
261-3 group 17, of the position classification salary schedule.
261-4 (e) A person who is required to register as a lobbyist under
261-5 Chapter 305 because of the person's activities for compensation in
261-6 or on behalf of a profession related to the operation of the board
261-7 may not:
261-8 (1) serve as a member of the board; or
261-9 (2) act as the general counsel to the division.
261-10 (f) In this section, a trade association is a nonprofit,
261-11 cooperative, and voluntarily joined association of business or
261-12 professional competitors that is designed to assist the
261-13 association's members and the association's industry or profession
261-14 in:
261-15 (1) dealing with mutual business or professional
261-16 problems; and
261-17 (2) promoting their common interests.
261-18 Sec. 508.034. GROUNDS FOR REMOVAL. (a) It is a ground for
261-19 removal from the board if a member:
261-20 (1) at the time of appointment is not qualified under
261-21 Section 508.032 or 508.033(a) for appointment to the board;
261-22 (2) during the member's service on the board becomes
261-23 ineligible under Section 508.033(a) for appointment to the board;
261-24 (3) violates Section 508.033(c), (d), or (e);
262-1 (4) is unable to discharge the member's duties for a
262-2 substantial part of the term for which the member was appointed
262-3 because of illness or disability; or
262-4 (5) is absent from more than half of the regularly
262-5 scheduled board or panel meetings that the member is eligible to
262-6 attend during each calendar year, except when the absence is
262-7 excused by majority vote of the board.
262-8 (b) The validity of an action of the board or panel is not
262-9 affected by the fact that the action was taken when a ground for
262-10 removal of a board member existed.
262-11 (c) If the director has knowledge that a potential ground
262-12 for removal exists, the director shall notify the presiding officer
262-13 of the board of the ground. The presiding officer shall notify the
262-14 governor that a potential ground for removal exists.
262-15 Sec. 508.035. PRESIDING OFFICER. (a) The governor shall
262-16 designate one member to serve as presiding officer of the board.
262-17 (b) The presiding officer serves in that capacity at the
262-18 pleasure of the governor.
262-19 Sec. 508.036. EXECUTIVE COMMITTEE. (a) To facilitate the
262-20 work of the board, the governor shall appoint the presiding officer
262-21 of the board to serve as presiding officer of the executive
262-22 committee.
262-23 (b) The presiding officer shall appoint six board members to
262-24 serve on the executive committee. An executive committee member
263-1 serves in that capacity at the pleasure of the presiding officer.
263-2 (c) The executive committee shall:
263-3 (1) coordinate activities of the board;
263-4 (2) assure maximum efficiency and fair distribution of
263-5 the caseload; and
263-6 (3) administer other matters as required by the
263-7 presiding officer.
263-8 Sec. 508.037. TERMS; REMOVAL. (a) A board member holds
263-9 office for a term of six years.
263-10 (b) The terms of one-third of the members expire February 1
263-11 of each odd-numbered year.
263-12 (c) The governor may remove a board member, other than a
263-13 member appointed by another governor, at any time and for any
263-14 reason.
263-15 Sec. 508.038. VACANCIES. If a vacancy occurs, the governor
263-16 shall appoint in the same manner as other appointments are made a
263-17 person to serve the remainder of the unexpired term.
263-18 Sec. 508.039. COMPENSATION. A board member is paid the
263-19 salary the legislature determines in the General Appropriations
263-20 Act.
263-21 Sec. 508.040. PERSONNEL. (a) The board shall employ and
263-22 supervise:
263-23 (1) a general counsel to the board;
263-24 (2) an administrative assistant;
264-1 (3) hearing officers;
264-2 (4) personnel to assist in clemency matters; and
264-3 (5) secretarial or clerical personnel.
264-4 (b) The board may adopt rules as necessary for the
264-5 employment and supervision of board personnel.
264-6 (c) The board shall develop and implement personnel
264-7 policies.
264-8 Sec. 508.041. TRAINING PROGRAM FOR DESIGNATED AGENTS. (a)
264-9 The board shall develop and implement a training program for
264-10 designated agents of the board who conduct hearings under Section
264-11 508.281.
264-12 (b) The training program must assist the designated agents
264-13 in understanding issues relating to the revocation process.
264-14 Sec. 508.042. TRAINING PROGRAM FOR MEMBERS. (a) The board
264-15 shall develop for board members a comprehensive training and
264-16 education program on the criminal justice system, with special
264-17 emphasis on the parole process.
264-18 (b) A new member may not participate in a vote of the board
264-19 or a panel until the member completes the program.
264-20 Sec. 508.043. GIFTS AND GRANTS. The board may apply for and
264-21 accept gifts or grants from any public or private source for use in
264-22 any lawful purpose of the board.
264-23 Sec. 508.044. POWERS AND DUTIES OF BOARD. (a) A board
264-24 member shall give full time to the duties of the member's office.
265-1 (b) In addition to performing the duties imposed on the
265-2 board by the Texas Constitution, board members shall determine:
265-3 (1) which inmates are to be released on parole;
265-4 (2) conditions of parole or mandatory supervision;
265-5 (3) which releasees may be released from supervision
265-6 and reporting; and
265-7 (4) the revocation of parole or mandatory supervision.
265-8 (c) The board shall develop and implement a policy that
265-9 clearly defines circumstances under which a member should
265-10 disqualify himself or herself from voting on:
265-11 (1) a parole decision; or
265-12 (2) a decision to revoke parole or mandatory
265-13 supervision.
265-14 (d) The board may adopt reasonable rules as the board
265-15 considers proper or necessary relating to:
265-16 (1) the eligibility of an inmate for release on parole
265-17 or release to mandatory supervision;
265-18 (2) the conduct of a parole or mandatory supervision
265-19 hearing; or
265-20 (3) conditions to be imposed on a releasee.
265-21 (e) The board may provide a written plan for the
265-22 administrative review of actions taken by a parole panel by the
265-23 entire membership or by a subset of the entire membership of the
265-24 board.
266-1 Sec. 508.045. PAROLE PANELS. (a) Except as provided by
266-2 Section 508.046, board members shall act in panels composed of
266-3 three persons each in matters of:
266-4 (1) release on parole;
266-5 (2) release to mandatory supervision; and
266-6 (3) revocation of parole or mandatory supervision.
266-7 (b) The presiding officer of the board shall designate the
266-8 composition of each panel.
266-9 (c) A parole panel may:
266-10 (1) grant, deny, or revoke parole;
266-11 (2) revoke mandatory supervision; and
266-12 (3) conduct parole revocation hearings and mandatory
266-13 supervision revocation hearings.
266-14 Sec. 508.046. EXTRAORDINARY VOTE REQUIRED. To release on
266-15 parole an inmate who was convicted of a capital felony or an
266-16 offense under Section 21.11(a)(1) or 22.021, Penal Code, or who is
266-17 required under Section 508.145(c) to serve 35 calendar years before
266-18 becoming eligible for release on parole, all members of the board
266-19 must vote on the release on parole of the inmate, and at least
266-20 two-thirds of the members must vote in favor of the release on
266-21 parole. A member of the board may not vote on the release unless
266-22 the member first receives a copy of a written report from the
266-23 department on the probability that the inmate would commit an
266-24 offense after being released on parole.
267-1 Sec. 508.047. MEETINGS. (a) The members of the board shall
267-2 meet at least once in each quarter of the calendar year at a site
267-3 determined by the presiding officer.
267-4 (b) The members of the board are not required to meet as a
267-5 body to perform the members' duties in clemency matters.
267-6 (c) A majority of each parole panel constitutes a quorum for
267-7 the transaction of the panel's business. A panel's decision must
267-8 be by majority vote.
267-9 (d) The members of a parole panel are not required to meet
267-10 as a body to perform the members' duties, except to conduct a
267-11 hearing under Section 508.281.
267-12 Sec. 508.048. SUBPOENAS. (a) A parole panel may issue a
267-13 subpoena requiring the attendance of a witness or the production of
267-14 any record, book, paper, or document the panel considers necessary
267-15 for investigation of the case of a person before the panel.
267-16 (b) A member of the board may sign a subpoena and administer
267-17 an oath.
267-18 (c) A peace officer, parole officer, or community
267-19 supervision and corrections department officer may serve the
267-20 subpoena in the same manner as similar process in a court of record
267-21 having original jurisdiction of criminal actions is served.
267-22 (d) A person who testifies falsely, fails to appear when
267-23 subpoenaed, or fails or refuses to produce material under the
267-24 subpoena is subject to the same orders and penalties to which a
268-1 person taking those actions before a court is subject.
268-2 (e) On application of the board, a court of record having
268-3 original jurisdiction of criminal actions may compel the attendance
268-4 of a witness, the production of material, or the giving of
268-5 testimony before the board, by an attachment for contempt or in the
268-6 same manner as the court may otherwise compel the production of
268-7 evidence.
268-8 Sec. 508.049. MISSION STATEMENT. (a) The board, after
268-9 consultation with the governor and the Texas Board of Criminal
268-10 Justice, shall adopt a mission statement that reflects the
268-11 responsibilities for the operation of the parole process that are
268-12 assigned to the board and the responsibilities that are assigned to
268-13 the division, the department, or the Texas Board of Criminal
268-14 Justice.
268-15 (b) The board shall include in the mission statement a
268-16 description of specific locations at which the board intends to
268-17 conduct business related to the operation of the parole process.
268-18 Sec. 508.050. REPORT TO GOVERNOR. (a) On request of the
268-19 governor, the board shall investigate a person being considered by
268-20 the governor for:
268-21 (1) pardon;
268-22 (2) commutation of sentence;
268-23 (3) reprieve;
268-24 (4) remission of fine; or
269-1 (5) forfeiture.
269-2 (b) The board shall report to the governor on its
269-3 investigation and make recommendations about the person to the
269-4 governor.
269-5 Sec. 508.051. SUNSET PROVISION. The Board of Pardons and
269-6 Paroles is subject to review under Chapter 325 (Texas Sunset Act),
269-7 but is not abolished under that chapter.
269-8 Sec. 508.052. COMPUTERS; OFFICE SPACE; OTHER EQUIPMENT. (a)
269-9 The department by interagency contract may provide to the board
269-10 necessary computer equipment and computer access to all
269-11 computerized records and physical access to all printed records in
269-12 the custody of the department that are related to the duties and
269-13 functions of the board.
269-14 (b) The department by interagency contract may provide to
269-15 the board necessary and appropriate:
269-16 (1) office space at locations designated by the
269-17 presiding officer of the board; and
269-18 (2) utilities and communications equipment.
269-19 (Sections 508.053-508.080 reserved for expansion
269-20 SUBCHAPTER C. REPRESENTATION OF INMATES
269-21 Sec. 508.081. DEFINITIONS. In this subchapter:
269-22 (1) "Compensation" has the meaning assigned by Section
269-23 305.002.
269-24 (2) "Inmate" includes:
270-1 (A) an administrative releasee;
270-2 (B) an inmate imprisoned in the institutional
270-3 division; and
270-4 (C) a person confined in a transfer facility or
270-5 county jail awaiting:
270-6 (i) transfer to the institutional
270-7 division; or
270-8 (ii) a revocation hearing.
270-9 (3) "Represent" means to directly or indirectly
270-10 contact in person or by telephone, facsimile transmission, or
270-11 correspondence a member or employee of the board or an employee of
270-12 the department on behalf of an inmate.
270-13 Sec. 508.082. RULES. The board shall adopt rules relating
270-14 to:
270-15 (1) the submission and presentation of information and
270-16 arguments to the board, a parole panel, and the department for and
270-17 in behalf of an inmate; and
270-18 (2) the time, place, and manner of contact between a
270-19 person representing an inmate and:
270-20 (A) a member of the board;
270-21 (B) an employee of the board; or
270-22 (C) an employee of the department.
270-23 Sec. 508.083. ELIGIBILITY TO REPRESENT INMATES. (a) A
270-24 person who represents an inmate for compensation must:
271-1 (1) be an attorney licensed in this state; and
271-2 (2) register with the division.
271-3 (b) A person serving as a member or employee of the board or
271-4 the Texas Board of Criminal Justice may not, before the 10th
271-5 anniversary of the date the person ceases to be a board member or
271-6 employee:
271-7 (1) represent any person in a matter before the board
271-8 or a parole panel; or
271-9 (2) receive compensation for services rendered on
271-10 behalf of any person regarding a matter pending before the board or
271-11 a parole panel.
271-12 (c) A person, other than a person subject to Subsection (b),
271-13 who is employed by the department may not, before the 10th
271-14 anniversary of the date the person terminates service with the
271-15 department:
271-16 (1) represent an inmate in a matter before the board
271-17 or a parole panel; or
271-18 (2) receive compensation for services rendered on
271-19 behalf of any person regarding a matter pending before the board or
271-20 a parole panel.
271-21 (d) A former member or employee of the board or the Texas
271-22 Board of Criminal Justice or a former employee of the department
271-23 may not represent any person or receive compensation for services
271-24 rendered on behalf of any person regarding a matter pending before
272-1 the board or a parole panel with which the former member or
272-2 employee, during the period of service on or with either board or
272-3 employment with the department or board, was directly concerned
272-4 either:
272-5 (1) through personal involvement; or
272-6 (2) because the matter was within the member's or
272-7 employee's official responsibility while associated with the board
272-8 or the department.
272-9 Sec. 508.084. FEE AFFIDAVIT. (a) A person required to
272-10 register under Section 508.083, before the person first contacts a
272-11 member of the board, an employee of the board, or an employee of
272-12 the department on behalf of an inmate, shall file a fee affidavit
272-13 with the department in a form prescribed by the department for each
272-14 inmate the person represents for compensation.
272-15 (b) The fee affidavit must be written and verified and
272-16 contain a statement of:
272-17 (1) the registrant's full name and address;
272-18 (2) the registrant's normal business, business phone
272-19 number, and business address;
272-20 (3) the full name of any former member or employee of
272-21 the board or the Texas Board of Criminal Justice or any former
272-22 employee of the department with whom the registrant:
272-23 (A) is associated;
272-24 (B) has a relationship as an employer or
273-1 employee; or
273-2 (C) maintains a contractual relationship to
273-3 provide services;
273-4 (4) the full name and institutional identification
273-5 number of the inmate the registrant represents;
273-6 (5) the amount of compensation the registrant has
273-7 received or expects to receive in exchange for the representation;
273-8 and
273-9 (6) the name of the person providing the compensation.
273-10 (c) If a registrant receives compensation in excess of the
273-11 amount reported on the fee affidavit, the registrant shall file
273-12 with the department, not later than the fifth day after the date
273-13 the registrant receives compensation in excess of the reported
273-14 amount, a supplemental fee affidavit in a form prescribed by the
273-15 department indicating the total amount of compensation received for
273-16 representing the inmate.
273-17 (d) For each fee affidavit and supplemental fee affidavit
273-18 received, the department shall:
273-19 (1) keep a copy of the affidavit in a central
273-20 location; and
273-21 (2) not later than the third day after the date the
273-22 affidavit is filed, place a copy of the affidavit in the inmate's
273-23 file that is reviewed by a parole panel or the board.
273-24 Sec. 508.085. REPRESENTATION SUMMARY FORM. (a) A person
274-1 required to register under Section 508.083 shall, for each calendar
274-2 year in which the person represents an inmate, file a
274-3 representation summary form with the division on a form prescribed
274-4 by the division.
274-5 (b) The form must be filed not later than January 31 of the
274-6 year succeeding the year for which the report is filed and must
274-7 include a statement of:
274-8 (1) the registrant's full name and address;
274-9 (2) the registrant's normal business, business phone
274-10 number, and business address;
274-11 (3) the full name of any former member or employee of
274-12 the board or the Texas Board of Criminal Justice or any former
274-13 employee of the department with whom the registrant:
274-14 (A) is associated;
274-15 (B) has a relationship as an employer or
274-16 employee; or
274-17 (C) maintains a contractual relationship to
274-18 provide services;
274-19 (4) the full name and institutional identification
274-20 number of each inmate the registrant represented in the previous
274-21 calendar year; and
274-22 (5) the amount of compensation the registrant has
274-23 received for representing each inmate in the previous calendar
274-24 year.
275-1 (c) A person who files a form under this section and for
275-2 whom the information required for the form has changed shall, not
275-3 later than the 10th day after the date the information changes,
275-4 file a supplemental statement with the division indicating the
275-5 change.
275-6 Sec. 508.086. CRIMINAL PENALTIES. (a) A former member or
275-7 employee of the board or the Texas Board of Criminal Justice or a
275-8 former employee of the department commits an offense if the former
275-9 member or employee violates Section 508.083(b), (c), or (d).
275-10 (b) A person who represents an inmate for compensation
275-11 commits an offense if the person is not an attorney licensed in
275-12 this state.
275-13 (c) A person who is required to file an affidavit under
275-14 Section 508.084(a) or (c) or a form or statement under Section
275-15 508.085 commits an offense if the person fails to file the
275-16 affidavit, form, or statement.
275-17 (d) An offense under Subsection (a) is a Class A
275-18 misdemeanor. An offense under Subsection (b) or (c) is a Class C
275-19 misdemeanor.
275-20 (Sections 508.087-508.110 reserved for expansion
275-21 SUBCHAPTER D. PARDONS AND PAROLES DIVISION
275-22 Sec. 508.111. DIRECTOR. (a) The executive director shall
275-23 hire the director of the division.
275-24 (b) The director is responsible for the administration of
276-1 the division.
276-2 Sec. 508.112. DUTY OF DIVISION. The division is responsible
276-3 for the investigation and supervision of all releasees.
276-4 Sec. 508.113. PAROLE OFFICERS, SUPERVISORS: QUALIFICATIONS.
276-5 (a) This subsection and Subsection (b) apply only to a person
276-6 employed as a parole officer or supervisor on or before September
276-7 1, 1990. A person may not be employed as a parole officer or
276-8 supervisor, or be responsible for investigating or supervising a
276-9 releasee, unless the person has:
276-10 (1) four years of successfully completed education in
276-11 an accredited college or university;
276-12 (2) two years of full-time paid employment in
276-13 responsible correctional work with adults or juveniles or in a
276-14 related field; and
276-15 (3) any other qualifications that may be specified by
276-16 the director.
276-17 (b) Additional experience in a category described by
276-18 Subsection (a)(2) may be substituted year for year for the required
276-19 college education, with a maximum substitution of two years.
276-20 (c) The director shall establish qualifications for parole
276-21 officers and supervisors that are the same as qualifications for
276-22 community supervision and corrections department officers imposed
276-23 by Section 76.005. A person may not begin employment as a parole
276-24 officer or supervisor after September 1, 1990, unless the person
277-1 meets the qualifications established by the director.
277-2 (d) A person who is serving as a peace officer or as a
277-3 prosecuting attorney may not act as a parole officer or be
277-4 responsible for supervising a releasee.
277-5 Sec. 508.114. PAROLE OFFICERS, SUPERVISORS: ADDITIONAL
277-6 DUTIES. (a) The judge of a court having original jurisdiction of
277-7 criminal actions may, with the approval of the director, designate
277-8 a parole officer or supervisor as a community supervision and
277-9 corrections department officer. The director must give prior
277-10 written approval for the payment of a proportional part of the
277-11 salary paid to the parole officer or supervisor in compensation for
277-12 service as a community supervision and corrections department
277-13 officer. The director shall periodically report to the governor
277-14 and the legislature the proportional salary payments.
277-15 (b) A parole officer or supervisor, on request of the
277-16 governor or on order of the director, shall be responsible for
277-17 supervising an inmate placed on conditional pardon or granted an
277-18 emergency absence under escort.
277-19 Sec. 508.115. NOTIFICATION OF RELEASE OF INMATE. (a) Not
277-20 later than the 11th day before the date the board orders the
277-21 release on parole of an inmate or not later than the 11th day after
277-22 the date the board recommends that the governor grant executive
277-23 clemency, the division shall notify the sheriffs, the prosecuting
277-24 attorneys, and the district judges in the county in which the
278-1 inmate was convicted and the county to which the inmate is released
278-2 that the board is considering release on parole or the governor is
278-3 considering clemency.
278-4 (b) In a case in which there was a change of venue, the
278-5 division shall notify the sheriff, the prosecuting attorney, and
278-6 the district judge in the county in which the prosecution was
278-7 originated if, not later than the 30th day after the date the
278-8 inmate was sentenced, those officials request in writing that the
278-9 division give the officials notice under this section of a release
278-10 of the inmate.
278-11 (c) Not later than the 10th day after the date a parole
278-12 panel orders the transfer of an inmate to a halfway house under
278-13 this chapter, the division shall give notice in accordance with
278-14 Subsection (d) to:
278-15 (1) the sheriff of the county in which the inmate was
278-16 convicted;
278-17 (2) the sheriff of the county in which the halfway
278-18 house is located; and
278-19 (3) the attorney who represents the state in the
278-20 prosecution of felonies in the county in which the halfway house is
278-21 located.
278-22 (d) The notice must state:
278-23 (1) the inmate's name;
278-24 (2) the county in which the inmate was convicted; and
279-1 (3) the offense for which the inmate was convicted.
279-2 Sec. 508.116. PAROLE INFORMATION PROGRAM. (a) The division
279-3 shall develop and implement a comprehensive program to inform
279-4 inmates, the inmates' families, and other interested parties about
279-5 the parole process.
279-6 (b) The division shall update the program annually.
279-7 Sec. 508.117. VICTIM NOTIFICATION. (a) Before a parole
279-8 panel considers for release on parole an inmate who is serving a
279-9 sentence for an offense in which a person was a victim, the
279-10 division, using the name and address provided on the victim impact
279-11 statement, shall make a reasonable effort to notify:
279-12 (1) the victim;
279-13 (2) if the victim has a guardian, the guardian; or
279-14 (3) if the victim is deceased, a close relative of the
279-15 deceased victim.
279-16 (b) A victim, guardian of a victim, or close relative of a
279-17 deceased victim who would have been entitled to notification of
279-18 parole consideration by the division but failed to provide a victim
279-19 impact statement containing the person's name and address may file
279-20 with the division a written request for notification. After
279-21 receiving the written request, the division shall grant to the
279-22 person all privileges, including notification under this section,
279-23 to which the person would have been entitled had the person
279-24 submitted a completed victim impact statement.
280-1 (c) If the notice is sent to a guardian or close relative of
280-2 a deceased victim, the notice must contain a request by the
280-3 division that the guardian or relative inform other persons having
280-4 an interest in the matter that the inmate is being considered for
280-5 release on parole.
280-6 (d) The failure of the division to comply with notice
280-7 requirements of this section is not a ground for revocation of
280-8 parole.
280-9 (e) Before an inmate is released from the institutional
280-10 division on parole or to mandatory supervision, the pardons and
280-11 paroles division shall give notice of the release to a person
280-12 entitled to notification of parole consideration for the inmate
280-13 under Subsection (a) or (b).
280-14 (f) Except as necessary to comply with this section, the
280-15 board or the department may not disclose to any person the name or
280-16 address of a person entitled to notice under this section unless:
280-17 (1) the person approves the disclosure; or
280-18 (2) a court determines that there is good cause for
280-19 disclosure and orders the board or the department to disclose the
280-20 information.
280-21 (g) In this section:
280-22 (1) "Close relative of a deceased victim" means a
280-23 person who was:
280-24 (A) the spouse of the victim at the time of the
281-1 victim's death;
281-2 (B) a parent of the deceased victim; or
281-3 (C) an adult brother, sister, or child of the
281-4 deceased victim.
281-5 (2) "Guardian of a victim" means a person who is the
281-6 legal guardian of a victim, whether or not the legal relationship
281-7 between the guardian and the victim exists because of the age of
281-8 the victim or the physical or mental incompetency of the victim.
281-9 (3) "Victim" means a person who:
281-10 (A) is a victim of sexual assault, kidnapping,
281-11 aggravated robbery, or felony stalking; or
281-12 (B) has suffered bodily injury or death as the
281-13 result of the criminal conduct of another.
281-14 Sec. 508.118. HALFWAY HOUSES. (a) The division, in
281-15 conjunction with the institutional division, shall use halfway
281-16 houses to divert from housing in regular units of the institutional
281-17 division suitable low-risk inmates and other inmates who would
281-18 benefit from a smoother transition from incarceration to supervised
281-19 release.
281-20 (b) Before transferring an inmate to a halfway house, the
281-21 division shall send to the director of the halfway house all
281-22 information relating to the inmate that the division determines
281-23 will aid the halfway house in helping the inmate make a transition
281-24 from the institutional division to supervised release.
282-1 (c) The division is responsible for supervising an inmate:
282-2 (1) for whom a presumptive parole date has been
282-3 established; and
282-4 (2) who is transferred into a preparole residence in a
282-5 halfway house under Subchapter A, Chapter 499.
282-6 Sec. 508.119. COMMUNITY RESIDENTIAL FACILITIES. (a) The
282-7 purpose of a community residential facility is to provide housing,
282-8 supervision, counseling, personal, social, and work adjustment
282-9 training, and other programs to:
282-10 (1) releasees who are required by a parole panel as a
282-11 condition of release on parole or to mandatory supervision to serve
282-12 a period in a community residential facility; and
282-13 (2) releasees whose parole or mandatory supervision
282-14 has been continued or modified under Section 508.283 and on whom
282-15 sanctions have been imposed under that section.
282-16 (b) The division may establish and operate, or contract for
282-17 the operation of, community residential facilities.
282-18 (c) The division may contract with a public or private
282-19 vendor for the financing, construction, operation, or management of
282-20 a community residential facility using a lease-purchase or
282-21 installment sale contract to provide or supplement housing, board,
282-22 or supervision for releasees placed in a community residential
282-23 facility. A releasee housed or supervised in a facility operated
282-24 by a vendor under a contract is subject to the same laws as if the
283-1 housing or supervision were provided directly by the division.
283-2 (d) Unless the division or a vendor proposing to operate a
283-3 community residential facility provides notice of a following
283-4 proposed action and a hearing on the issues in the same manner as
283-5 required under Section 509.010, the division may not:
283-6 (1) establish or contract for a community residential
283-7 facility;
283-8 (2) change the use of a community residential
283-9 facility;
283-10 (3) significantly increase the capacity of a community
283-11 residential facility; or
283-12 (4) increase the capacity of a community residential
283-13 facility to more than 500 residents, regardless of whether the
283-14 increase is significant.
283-15 (e) Subsection (d) applies to any residential facility that
283-16 the division establishes or contracts for under:
283-17 (1) this chapter;
283-18 (2) Subchapter C, Chapter 497; or
283-19 (3) Subchapter A, Chapter 499.
283-20 (f) The Texas Board of Criminal Justice shall adopt rules
283-21 necessary for the management of a community residential facility.
283-22 (g) The division may charge to a releasee housed in a
283-23 community residential facility a reasonable fee for the cost of
283-24 housing, board, and the part of the administrative costs of the
284-1 facility that is properly allocable to the releasee. The fee may
284-2 not exceed the actual costs to the division for services to that
284-3 releasee. The division may not deny placement in a community
284-4 residential facility to a releasee because the releasee is unable
284-5 to pay the fee.
284-6 (h) A parole panel or a designated agent of the division may
284-7 grant a limited release to a releasee placed in a community
284-8 residential facility to maintain or seek employment or
284-9 participation in an education or training course or to seek housing
284-10 after release from the facility.
284-11 (Sections 508.120-508.140 reserved for expansion
284-12 SUBCHAPTER E. PAROLE AND MANDATORY SUPERVISION; RELEASE PROCEDURES
284-13 Sec. 508.141. AUTHORITY TO CONSIDER AND ORDER RELEASE ON
284-14 PAROLE. (a) A parole panel may consider for release and release
284-15 on parole an inmate who:
284-16 (1) has been sentenced to a term of imprisonment in
284-17 the institutional division;
284-18 (2) is confined in a penal or correctional
284-19 institution, including a jail in this state, a federal correctional
284-20 institution, or a jail or a correctional institution in another
284-21 state; and
284-22 (3) is eligible for release on parole.
284-23 (b) A parole is issued only on the order of a parole panel.
284-24 (c) Before releasing an inmate on parole, a parole panel may
285-1 have the inmate appear before the panel and interview the inmate.
285-2 (d) A parole panel may release an inmate on parole during
285-3 the parole month established for the inmate if the panel determines
285-4 that the inmate's release will not increase the likelihood of harm
285-5 to the public.
285-6 (e) A parole panel may release an inmate on parole only
285-7 when:
285-8 (1) arrangements have been made for the inmate's
285-9 employment or for the inmate's maintenance and care; and
285-10 (2) the parole panel believes that the inmate is able
285-11 and willing to fulfill the obligations of a law-abiding citizen.
285-12 (f) A parole panel may order a parole only for the best
285-13 interest of society and not as an award of clemency.
285-14 Sec. 508.142. PERIOD OF PAROLE. (a) The institutional
285-15 division shall provide the board with sentence time credit
285-16 information for each inmate who is eligible for release on parole.
285-17 (b) Good conduct time credit is computed for an inmate as if
285-18 the inmate were confined in the institutional division during the
285-19 entire time the inmate was actually confined.
285-20 (c) The period of parole is computed by subtracting from the
285-21 term for which the inmate was sentenced the calendar time served on
285-22 the sentence.
285-23 Sec. 508.143. LEGAL CUSTODY OF RELEASEE. (a) A releasee
285-24 while on parole is in the legal custody of the division.
286-1 (b) A releasee while on mandatory supervision is in the
286-2 legal custody of the state.
286-3 Sec. 508.144. PAROLE GUIDELINES. (a) The board shall:
286-4 (1) develop according to an acceptable research method
286-5 the parole guidelines that are the basic criteria on which a parole
286-6 decision is made;
286-7 (2) base the guidelines on the seriousness of the
286-8 offense and the likelihood of a favorable parole outcome;
286-9 (3) implement the guidelines; and
286-10 (4) review the guidelines periodically.
286-11 (b) If a board member deviates from the parole guidelines in
286-12 voting on a parole decision, the member shall:
286-13 (1) produce a brief written statement describing the
286-14 circumstances regarding the departure from the guidelines; and
286-15 (2) place a copy of the statement in the file of the
286-16 inmate for whom the parole decision was made.
286-17 (c) The board shall keep a copy of a statement made under
286-18 Subsection (b) in a central location.
286-19 Sec. 508.145. ELIGIBILITY FOR RELEASE ON PAROLE; COMPUTATION
286-20 OF PAROLE ELIGIBILITY DATE. (a) An inmate under sentence of death
286-21 is not eligible for release on parole.
286-22 (b) An inmate serving a life sentence for a capital felony
286-23 is not eligible for release on parole until the actual calendar
286-24 time the inmate has served, without consideration of good conduct
287-1 time, equals 40 calendar years.
287-2 (c) An inmate serving a life sentence under Section
287-3 12.42(d)(2), Penal Code, is not eligible for release on parole
287-4 until the actual calendar time the inmate has served, without
287-5 consideration of good conduct time, equals 35 calendar years.
287-6 (d) An inmate serving a sentence for an offense described by
287-7 Section 3g(a)(1)(A), (C), (D), (E), (F), (G), or (H), Article
287-8 42.12, Code of Criminal Procedure, or for an offense for which the
287-9 judgment contains an affirmative finding under Section 3g(a)(2) of
287-10 that article, is not eligible for release on parole until the
287-11 inmate's actual calendar time served, without consideration of good
287-12 conduct time, equals one-half of the sentence or 30 calendar years,
287-13 whichever is less, but in no event is the inmate eligible for
287-14 release on parole in less than two calendar years.
287-15 (e) An inmate serving a sentence for which the punishment is
287-16 increased under Section 481.134, Health and Safety Code, is not
287-17 eligible for release on parole until the inmate's actual calendar
287-18 time served, without consideration of good conduct time, equals
287-19 five years or the term to which the inmate was sentenced, whichever
287-20 is less.
287-21 (f) Except as provided by Section 508.146, any other inmate
287-22 is eligible for release on parole when the inmate's actual calendar
287-23 time served plus good conduct time equals one-fourth of the
287-24 sentence imposed or 15 years, whichever is less.
288-1 Sec. 508.146. SPECIAL NEEDS PAROLE. (a) An inmate serving
288-2 a sentence for which parole eligibility is otherwise determined
288-3 under Section 508.145(f) may become eligible for release on special
288-4 needs parole on a date designated by a parole panel that is earlier
288-5 than the date computed under that section if:
288-6 (1) the institutional division identifies the inmate
288-7 as being elderly, physically handicapped, mentally ill, terminally
288-8 ill, or mentally retarded;
288-9 (2) the parole panel determines that, based on the
288-10 inmate's condition and a medical evaluation, the inmate does not
288-11 constitute a threat to public safety or a threat to commit an
288-12 offense; and
288-13 (3) the pardons and paroles division has prepared for
288-14 the inmate a special needs parole plan that ensures appropriate
288-15 supervision, service provision, and placement.
288-16 (b) An inmate diagnosed as mentally ill or mentally retarded
288-17 may be released on special needs parole only if the inmate's
288-18 special needs parole plan under Subsection (a)(3) is approved by
288-19 the Texas Council on Offenders with Mental Impairments.
288-20 Sec. 508.147. RELEASE TO MANDATORY SUPERVISION. (a) Except
288-21 as provided by Section 508.149, a parole panel shall order the
288-22 release of an inmate who is not on parole to mandatory supervision
288-23 when the actual calendar time the inmate has served plus any
288-24 accrued good conduct time equals the term to which the inmate was
289-1 sentenced.
289-2 (b) An inmate released to mandatory supervision is
289-3 considered to be released on parole.
289-4 (c) To the extent practicable, arrangements for the inmate's
289-5 proper employment, maintenance, and care must be made before the
289-6 inmate's release to mandatory supervision.
289-7 Sec. 508.148. PERIOD OF MANDATORY SUPERVISION. (a) The
289-8 period of mandatory supervision is computed by subtracting from the
289-9 term for which the inmate was sentenced the calendar time served on
289-10 the sentence.
289-11 (b) The time served on mandatory supervision is computed as
289-12 calendar time.
289-13 Sec. 508.149. INMATES INELIGIBLE FOR MANDATORY SUPERVISION.
289-14 (a) An inmate may not be released to mandatory supervision if the
289-15 inmate is serving a sentence for or has been previously convicted
289-16 of:
289-17 (1) an offense for which the judgment contains an
289-18 affirmative finding under Section 3g(a)(2), Article 42.12, Code of
289-19 Criminal Procedure;
289-20 (2) a first degree felony under Section 19.02, Penal
289-21 Code;
289-22 (3) a capital felony under Section 19.03, Penal Code;
289-23 (4) a first degree felony or a second degree felony
289-24 under Section 20.04, Penal Code;
290-1 (5) a second degree felony under Section 22.011, Penal
290-2 Code;
290-3 (6) a first degree felony or a second degree felony
290-4 under Section 22.02, Penal Code;
290-5 (7) a first degree felony under Section 22.021, Penal
290-6 Code;
290-7 (8) a first degree felony under Section 22.04, Penal
290-8 Code;
290-9 (9) a first degree felony under Section 28.02, Penal
290-10 Code;
290-11 (10) a second degree felony under Section 29.02, Penal
290-12 Code;
290-13 (11) a first degree felony under Section 29.03, Penal
290-14 Code;
290-15 (12) a first degree felony under Section 30.02, Penal
290-16 Code; or
290-17 (13) a felony for which the punishment is increased
290-18 under Section 481.134, Health and Safety Code.
290-19 (b) An inmate may not be released to mandatory supervision
290-20 if a parole panel determines that:
290-21 (1) the inmate's accrued good conduct time is not an
290-22 accurate reflection of the inmate's potential for rehabilitation;
290-23 and
290-24 (2) the inmate's release would endanger the public.
291-1 (c) A parole panel that makes a determination under
291-2 Subsection (b) shall specify in writing the reasons for the
291-3 determination.
291-4 (d) A determination under Subsection (b) is not subject to
291-5 administrative or judicial review, except that the parole panel
291-6 making the determination shall reconsider the inmate for release to
291-7 mandatory supervision at least twice during the two years after the
291-8 date of the determination.
291-9 Sec. 508.150. CONSECUTIVE FELONY SENTENCES. (a) If an
291-10 inmate is sentenced to consecutive felony sentences under Article
291-11 42.08, Code of Criminal Procedure, a parole panel shall designate
291-12 during each sentence the date, if any, the inmate would have been
291-13 eligible for release on parole if the inmate had been sentenced to
291-14 serve a single sentence.
291-15 (b) For the purposes of Article 42.08, Code of Criminal
291-16 Procedure, the judgment and sentence of an inmate sentenced for a
291-17 felony, other than the last sentence in a series of consecutive
291-18 sentences, cease to operate:
291-19 (1) when the actual calendar time served by the inmate
291-20 equals the sentence imposed by the court; or
291-21 (2) on the date a parole panel designates as the date
291-22 the inmate would have been eligible for release on parole if the
291-23 inmate had been sentenced to serve a single sentence.
291-24 (c) A parole panel may not:
292-1 (1) consider consecutive sentences as a single
292-2 sentence for purposes of parole; or
292-3 (2) release on parole an inmate sentenced to serve
292-4 consecutive felony sentences before the date the inmate becomes
292-5 eligible for release on parole from the last sentence imposed on
292-6 the inmate.
292-7 (d) A parole panel may not use calendar time served and good
292-8 conduct time accrued by an inmate that are used by the panel in
292-9 determining when a judgment and sentence cease to operate:
292-10 (1) for the same purpose in determining that date in a
292-11 subsequent sentence in the same series of consecutive sentences; or
292-12 (2) for determining the date an inmate becomes
292-13 eligible for release on parole from the last sentence in a series
292-14 of consecutive sentences.
292-15 Sec. 508.151. PRESUMPTIVE PAROLE DATE. (a) For the purpose
292-16 of diverting inmates to halfway houses under Section 508.118, a
292-17 parole panel, after reviewing all available pertinent information,
292-18 may designate a presumptive parole date for an inmate who:
292-19 (1) has never been convicted of an offense listed
292-20 under Section 3g(a)(1), Article 42.12, Code of Criminal Procedure;
292-21 and
292-22 (2) has never had a conviction with a judgment that
292-23 contains an affirmative finding under Section 3g(a)(2), Article
292-24 42.12, Code of Criminal Procedure.
293-1 (b) The presumptive parole date may not be a date that is
293-2 earlier than the inmate's initial parole eligibility date computed
293-3 under Section 508.145.
293-4 (c) A parole panel may rescind or postpone a previously
293-5 established presumptive parole date on the basis of a report from
293-6 an agent of the division responsible for supervision or an agent of
293-7 the institutional division acting in the case.
293-8 (d) If an inmate transferred to preparole status has
293-9 satisfactorily served the inmate's sentence in the halfway house to
293-10 which the inmate is assigned from the date of transfer to the
293-11 presumptive parole date, without rescission or postponement of the
293-12 date, the parole panel shall order the inmate's release on parole
293-13 and issue an appropriate certificate of release. The releasee is
293-14 subject to the provisions of this chapter governing release on
293-15 parole.
293-16 Sec. 508.152. PROPOSED PROGRAM OF INSTITUTIONAL PROGRESS.
293-17 (a) Not later than the 120th day after the date an inmate is
293-18 admitted to the institutional division, the department shall obtain
293-19 all pertinent information relating to the inmate, including:
293-20 (1) the court judgment;
293-21 (2) any sentencing report;
293-22 (3) the circumstances of the inmate's offense;
293-23 (4) the inmate's previous social history and criminal
293-24 record;
294-1 (5) the inmate's physical and mental health record;
294-2 (6) a record of the inmate's conduct, employment
294-3 history, and attitude in the institutional division; and
294-4 (7) any written comments or information provided by
294-5 local trial officials or victims of the offense.
294-6 (b) The department shall:
294-7 (1) establish for the inmate a proposed program of
294-8 measurable institutional progress; and
294-9 (2) submit the proposed program to the board at the
294-10 time of the board's consideration of the inmate's case for release.
294-11 (c) The board shall conduct an initial review of an eligible
294-12 inmate not later than the 180th day after the date of the inmate's
294-13 admission to the institutional division.
294-14 (d) Before the inmate is approved for release on parole, the
294-15 inmate must agree to participate in the programs and activities
294-16 described by the proposed program of measurable institutional
294-17 progress.
294-18 (e) The institutional division shall:
294-19 (1) work closely with the board to monitor the
294-20 progress of the inmate in the institutional division; and
294-21 (2) report the progress to the board before the
294-22 inmate's release.
294-23 Sec. 508.153. STATEMENTS OF VICTIM. (a) A parole panel
294-24 considering for release on parole an inmate who is serving a
295-1 sentence for an offense in which a person was a victim shall allow:
295-2 (1) the victim, a guardian of the victim, a close
295-3 relative of the deceased victim, or a representative of the victim,
295-4 the victim's guardian, or the victim's close relative to provide a
295-5 written statement to the panel; and
295-6 (2) the victim, guardian of the victim, or close
295-7 relative of the deceased victim to appear in person before the
295-8 board members to present a statement of the person's views about:
295-9 (A) the offense;
295-10 (B) the inmate; and
295-11 (C) the effect of the offense on the victim.
295-12 (b) If more than one person is entitled to appear in person
295-13 before the board members, only the person chosen by all persons
295-14 entitled to appear as the persons' sole representative may appear
295-15 before the board members.
295-16 (c) The panel shall consider the statements and the
295-17 information provided in a victim impact statement in determining
295-18 whether to recommend an inmate for release on parole.
295-19 (d) This section does not limit the number of persons who
295-20 may provide written statements for or against the release of the
295-21 inmate on parole.
295-22 (e) In this section, "close relative of a deceased victim,"
295-23 "guardian of a victim," and "victim" have the meanings assigned by
295-24 Section 508.117.
296-1 Sec. 508.154. CONTRACT ON RELEASE. (a) An inmate to be
296-2 released on parole shall be furnished a contract stating in clear
296-3 and intelligible language the conditions and rules of parole.
296-4 (b) Acceptance, signing, and execution of the contract by
296-5 the inmate to be paroled is a precondition to release on parole.
296-6 (c) An inmate released to mandatory supervision shall be
296-7 furnished a written statement stating in clear and intelligible
296-8 language the conditions and rules of mandatory supervision.
296-9 (d) A releasee while on parole or mandatory supervision must
296-10 be amenable to the conditions of supervision ordered by a parole
296-11 panel.
296-12 Sec. 508.155. COMPLETION OF PAROLE PERIOD. (a) To complete
296-13 a parole period, a releasee must serve the entire period of parole.
296-14 (b) The time on parole is computed as calendar time.
296-15 (c) The division may allow a releasee to serve the remainder
296-16 of the releasee's sentence without supervision and without being
296-17 required to report if:
296-18 (1) the releasee has been under supervision for at
296-19 least one-half of the time that remained on the releasee's sentence
296-20 when the releasee was released from imprisonment;
296-21 (2) during the period of supervision the releasee's
296-22 parole or release to mandatory supervision has not been revoked;
296-23 and
296-24 (3) the division determines:
297-1 (A) that the releasee has made a good faith
297-2 effort to comply with any restitution order imposed on the releasee
297-3 by a court; and
297-4 (B) that allowing the releasee to serve the
297-5 remainder of the releasee's sentence without supervision and
297-6 reporting is in the best interest of society.
297-7 (d) The division may require a person released from
297-8 supervision and reporting under Subsection (c) to resubmit to
297-9 supervision and resume reporting at any time and for any reason.
297-10 Sec. 508.156. DETERMINATE SENTENCE PAROLE. (a) Before the
297-11 release of a person who is transferred under Section 61.081(f) or
297-12 61.084(f) or (g), Human Resources Code, to the division for release
297-13 on parole, a parole panel shall review the person's records and may
297-14 interview the person or any other person the panel considers
297-15 necessary to determine the conditions of parole. The panel may
297-16 impose any reasonable condition of parole on the person that the
297-17 panel may impose on an adult inmate under this chapter.
297-18 (b) The panel shall furnish the person with a written
297-19 statement clearly describing the conditions and rules of parole.
297-20 The person must accept and sign the statement as a precondition to
297-21 release on parole.
297-22 (c) While on parole, the person remains in the legal custody
297-23 of the state and shall comply with the conditions of parole ordered
297-24 by a panel under this section.
298-1 (d) The period of parole for a person released on parole
298-2 under this section is the term for which the person was sentenced
298-3 less calendar time served at the Texas Youth Commission and in a
298-4 juvenile detention facility in connection with the conduct for
298-5 which the person was adjudicated.
298-6 (e) If a parole panel revokes the person's parole, the panel
298-7 may require the person to serve the remaining portion of the
298-8 person's sentence in the institutional division. The remaining
298-9 portion of the person's sentence is computed without credit for the
298-10 time from the date of the person's release to the date of
298-11 revocation. The panel may not recommit the person to the Texas
298-12 Youth Commission.
298-13 (f) For purposes of this chapter, a person released from the
298-14 Texas Youth Commission on parole under this section is considered
298-15 to have been convicted of the offense for which the person has been
298-16 adjudicated.
298-17 (Sections 508.157-508.180 reserved for expansion
298-18 SUBCHAPTER F. MANDATORY CONDITIONS OF PAROLE OR
298-19 MANDATORY SUPERVISION
298-20 Sec. 508.181. RESIDENCE DURING RELEASE. (a) Except as
298-21 provided by Subsections (b) and (c), a parole panel shall require
298-22 as a condition of parole or mandatory supervision that the releasee
298-23 reside in the county in which:
298-24 (1) the releasee resided at the time of committing the
299-1 offense for which the releasee was sentenced to the institutional
299-2 division; or
299-3 (2) the releasee committed the offense for which the
299-4 releasee was sentenced to the institutional division, if the
299-5 releasee was not a resident of this state at the time of committing
299-6 the offense.
299-7 (b) A parole panel may require a releasee to reside in a
299-8 county other than the county required under Subsection (a) to:
299-9 (1) protect the life or safety of:
299-10 (A) a victim of the releasee's offense;
299-11 (B) the releasee;
299-12 (C) a witness in the case; or
299-13 (D) any other person; or
299-14 (2) increase the likelihood of the releasee's
299-15 successful completion of parole or mandatory supervision, because
299-16 of:
299-17 (A) written expressions of significant public
299-18 concern in the county in which the releasee would otherwise be
299-19 required to reside;
299-20 (B) the presence of family members or friends in
299-21 the other county who have expressed a willingness to assist the
299-22 releasee in successfully completing the conditions of the
299-23 releasee's parole or mandatory supervision;
299-24 (C) the verified existence of a job offer in the
300-1 other county; or
300-2 (D) the availability of a treatment program,
300-3 educational program, or other social service program in the other
300-4 county that is not available in the county in which the releasee is
300-5 otherwise required to reside under Subsection (a).
300-6 (c) At any time after a releasee is released on parole or to
300-7 mandatory supervision, a parole panel may modify the conditions of
300-8 parole or mandatory supervision to require the releasee to reside
300-9 in a county other than the county required by the original
300-10 conditions. In making a decision under this subsection, a parole
300-11 panel must consider the factors listed under Subsection (b).
300-12 (d) If a parole panel initially requires the releasee to
300-13 reside in a county other than the county required under Subsection
300-14 (a), the parole panel shall subsequently require the releasee to
300-15 reside in the county described under Subsection (a) if the
300-16 requirement that the releasee reside in the other county was based
300-17 on:
300-18 (1) the verified existence of a job offer under
300-19 Subsection (b)(2)(C) and the releasee is no longer employed or
300-20 actively seeking employment; or
300-21 (2) the availability of a treatment program,
300-22 educational program, or other social service program under
300-23 Subsection (b)(2)(D) and the releasee:
300-24 (A) no longer regularly participates in the
301-1 program as required by a condition of parole or mandatory
301-2 supervision; or
301-3 (B) has successfully completed the program but
301-4 has violated another condition of the releasee's parole or
301-5 mandatory supervision.
301-6 (e) If a parole panel requires the releasee to reside in a
301-7 county other than the county required under Subsection (a), the
301-8 panel shall:
301-9 (1) state in writing the reason for the panel's
301-10 decision; and
301-11 (2) place the statement in the releasee's permanent
301-12 record.
301-13 (f) This section does not apply to a decision by a parole
301-14 panel to require a releasee to serve the period of parole or
301-15 mandatory supervision in another state.
301-16 Sec. 508.182. PAROLE SUPERVISION FEE; ADMINISTRATIVE FEE.
301-17 (a) A parole panel shall require as a condition of parole or
301-18 mandatory supervision that a releasee pay to the division for each
301-19 month during which the releasee is under parole supervision:
301-20 (1) a parole supervision fee of $10; and
301-21 (2) an administrative fee of $8.
301-22 (b) A fee under this section applies to an inmate released
301-23 in another state who is required as a condition of the inmate's
301-24 release to report to a parole officer or supervisor in this state
302-1 for parole supervision.
302-2 (c) On the request of the releasee, a parole panel may allow
302-3 the releasee to defer one or more payments under this section. The
302-4 releasee remains responsible for payment of the fee and shall pay
302-5 the amount of the deferred payment not later than the second
302-6 anniversary of the date the payment becomes due.
302-7 (d) The Texas Board of Criminal Justice shall adopt rules
302-8 relating to the method of payment required of the releasee.
302-9 (e) The division shall remit fees collected under this
302-10 section to the comptroller. The comptroller shall deposit the fees
302-11 collected under:
302-12 (1) Subsection (a)(1) in the general revenue fund; and
302-13 (2) Subsection (a)(2) in the compensation to victims
302-14 of crime fund.
302-15 (f) In a parole or mandatory supervision revocation hearing
302-16 under Section 508.281 at which it is alleged only that the releasee
302-17 failed to make a payment under this section, it is an affirmative
302-18 defense to revocation that the releasee is unable to pay the amount
302-19 as ordered by a parole panel. The releasee must prove the
302-20 affirmative defense by a preponderance of the evidence.
302-21 Sec. 508.183. EDUCATIONAL SKILL LEVEL. (a) A parole panel
302-22 shall require as a condition of release on parole or release to
302-23 mandatory supervision that an inmate demonstrate to the parole
302-24 panel whether the inmate has an educational skill level that is
303-1 equal to or greater than the average skill level of students who
303-2 have completed the sixth grade in a public school in this state.
303-3 (b) If the parole panel determines that the inmate has not
303-4 attained that skill level, the parole panel shall require as a
303-5 condition of parole or mandatory supervision that the inmate as a
303-6 releasee attain that level of educational skill, unless the parole
303-7 panel determines that the inmate lacks the intellectual capacity or
303-8 the learning ability to ever achieve that level of skill.
303-9 Sec. 508.184. CONTROLLED SUBSTANCE TESTING. (a) A parole
303-10 panel shall require as a condition of parole or mandatory
303-11 supervision that a releasee submit to testing for controlled
303-12 substances on evidence that:
303-13 (1) a controlled substance is present in the
303-14 releasee's body;
303-15 (2) the releasee has used a controlled substance; or
303-16 (3) the use of a controlled substance is related to
303-17 the offense for which the releasee was convicted.
303-18 (b) The Texas Board of Criminal Justice by rule shall adopt
303-19 procedures for the administration of a test required under this
303-20 section.
303-21 Sec. 508.185. SUBSTANCE ABUSE TREATMENT. (a) A parole
303-22 panel shall require as a condition of release on parole or release
303-23 to mandatory supervision that an inmate who immediately before
303-24 release is a participant in the program established under Section
304-1 501.0931 participate as a releasee in a drug or alcohol abuse
304-2 continuum of care treatment program.
304-3 (b) The Texas Commission on Alcohol and Drug Abuse shall
304-4 develop the continuum of care treatment program.
304-5 Sec. 508.186. SEX OFFENDER REGISTRATION. (a) A parole
304-6 panel shall require as a condition of parole or mandatory
304-7 supervision that a releasee required to register as a sex offender
304-8 under Article 6252-13c.1, Revised Statutes:
304-9 (1) register under that article; and
304-10 (2) pay to the releasee's supervising officer an
304-11 amount equal to the cost, as evidenced by written receipt, incurred
304-12 by the applicable local law enforcement authority for providing
304-13 notice for publication to a newspaper as required by that article.
304-14 (b) The division shall remit an amount collected under this
304-15 section to the applicable local law enforcement authority.
304-16 (c) In a parole or mandatory supervision revocation hearing
304-17 under Section 508.281 at which it is alleged only that the releasee
304-18 failed to make a payment under this section, it is an affirmative
304-19 defense to revocation that the releasee is unable to pay the amount
304-20 as ordered by a parole panel. The releasee must prove the
304-21 affirmative defense by a preponderance of the evidence.
304-22 Sec. 508.187. CHILD SAFETY ZONE. (a) This section applies
304-23 only to a releasee serving a sentence for an offense under:
304-24 (1) Section 43.25 or 43.26, Penal Code;
305-1 (2) Section 21.11, 22.011, 22.021, or 25.02, Penal
305-2 Code;
305-3 (3) Section 20.04(a)(4), Penal Code, if the releasee
305-4 committed the offense with the intent to violate or abuse the
305-5 victim sexually; or
305-6 (4) Section 30.02, Penal Code, punishable under
305-7 Subsection (d) of that section, if the releasee committed the
305-8 offense with the intent to commit a felony listed in Subdivision
305-9 (2) or (3).
305-10 (b) A parole panel shall establish a child safety zone
305-11 applicable to a releasee if the panel determines that a child as
305-12 defined by Section 22.011(c), Penal Code, was the victim of the
305-13 offense, by requiring as a condition of parole or mandatory
305-14 supervision that the releasee:
305-15 (1) not:
305-16 (A) supervise or participate in any program that
305-17 includes as participants or recipients persons who are 17 years of
305-18 age or younger and that regularly provides athletic, civic, or
305-19 cultural activities; or
305-20 (B) go in, on, or within a distance specified by
305-21 the panel of premises where children commonly gather, including a
305-22 school, day-care facility, playground, public or private youth
305-23 center, public swimming pool, or video arcade facility; and
305-24 (2) attend psychological counseling sessions for sex
306-1 offenders with an individual or organization that provides sex
306-2 offender treatment or counseling as specified by the parole officer
306-3 supervising the releasee after release.
306-4 (c) A parole officer who under Subsection (b)(2) specifies a
306-5 sex offender treatment provider to provide counseling to a releasee
306-6 shall:
306-7 (1) contact the provider before the releasee is
306-8 released;
306-9 (2) establish the date, time, and place of the first
306-10 session between the releasee and the provider; and
306-11 (3) request the provider to immediately notify the
306-12 officer if the releasee fails to attend the first session or any
306-13 subsequent scheduled session.
306-14 (d) At any time after the imposition of a condition under
306-15 Subsection (b)(1), the releasee may request the parole panel to
306-16 modify the child safety zone applicable to the releasee because the
306-17 zone as created by the panel:
306-18 (1) interferes with the releasee's ability to attend
306-19 school or hold a job and consequently constitutes an undue hardship
306-20 for the releasee; or
306-21 (2) is broader than necessary to protect the public,
306-22 given the nature and circumstances of the offense.
306-23 (e) A parole officer supervising a releasee may permit the
306-24 releasee to enter on an event-by-event basis into the child safety
307-1 zone that the releasee is otherwise prohibited from entering if:
307-2 (1) the releasee has served at least two years of the
307-3 period of supervision imposed on release;
307-4 (2) the releasee enters the zone as part of a program
307-5 to reunite with the releasee's family;
307-6 (3) the releasee presents to the parole officer a
307-7 written proposal specifying:
307-8 (A) where the releasee intends to go within the
307-9 zone;
307-10 (B) why and with whom the releasee is going; and
307-11 (C) how the releasee intends to cope with any
307-12 stressful situations that occur;
307-13 (4) the sex offender treatment provider treating the
307-14 releasee agrees with the officer that the releasee should be
307-15 allowed to attend the event; and
307-16 (5) the officer and the treatment provider agree on a
307-17 chaperon to accompany the releasee, and the chaperon agrees to
307-18 perform that duty.
307-19 (f) In this section, "playground," "premises," "school,"
307-20 "video arcade facility," and "youth center" have the meanings
307-21 assigned by Section 481.134, Health and Safety Code.
307-22 Sec. 508.188. COMMUNITY SERVICE FOR CERTAIN RELEASEES. A
307-23 parole panel shall require as a condition of parole or mandatory
307-24 supervision that a releasee for whom the court has made an
308-1 affirmative finding under Article 42.014, Code of Criminal
308-2 Procedure, perform not less than 300 hours of community service at
308-3 a project designated by the parole panel that primarily serves the
308-4 person or group that was the target of the releasee.
308-5 Sec. 508.189. PAROLE FEE FOR CERTAIN RELEASEES. (a) A
308-6 parole panel shall require as a condition of parole or mandatory
308-7 supervision that a releasee convicted of an offense under Section
308-8 21.08, 21.11, 22.011, 22.021, 25.02, 43.25, or 43.26, Penal Code,
308-9 pay to the division a parole supervision fee of $5 each month
308-10 during the period of parole supervision.
308-11 (b) The division shall send fees collected under this
308-12 section to the comptroller. The comptroller shall deposit the fees
308-13 in the general revenue fund to the credit of the sexual assault
308-14 program fund established under Section 44.0061, Health and Safety
308-15 Code.
308-16 (Sections 508.190-508.220 reserved for expansion
308-17 SUBCHAPTER G. DISCRETIONARY CONDITIONS OF PAROLE OR
308-18 MANDATORY SUPERVISION
308-19 Sec. 508.221. CONDITIONS PERMITTED GENERALLY. A parole
308-20 panel may impose as a condition of parole or mandatory supervision
308-21 any condition that a court may impose on a defendant placed on
308-22 community supervision under Article 42.12, Code of Criminal
308-23 Procedure, including the condition that a releasee submit to
308-24 testing for controlled substances or submit to electronic
309-1 monitoring if the parole panel determines that without testing for
309-2 controlled substances or participation in an electronic monitoring
309-3 program the inmate would not be released on parole.
309-4 Sec. 508.222. PAYMENT OF CERTAIN DAMAGES. A parole panel
309-5 may require as a condition of parole or mandatory supervision that
309-6 a releasee make payments in satisfaction of damages for which the
309-7 releasee is liable under Section 500.002.
309-8 Sec. 508.223. AVOIDING VICTIM. (a) A parole panel may
309-9 require as a condition of parole or mandatory supervision that a
309-10 releasee serving a sentence for an offense under Section 42.072,
309-11 Penal Code, not:
309-12 (1) communicate directly or indirectly with the
309-13 victim;
309-14 (2) go to or near the residence, place of employment,
309-15 or business of the victim; or
309-16 (3) go to or near a school, day-care facility, or
309-17 similar facility where a dependent child of the victim is in
309-18 attendance.
309-19 (b) If a parole panel requires the prohibition contained in
309-20 Subsection (a)(2) or (3) as a condition of parole or mandatory
309-21 supervision, the parole panel shall specifically describe the
309-22 prohibited locations and the minimum distances, if any, that the
309-23 releasee must maintain from the locations.
309-24 Sec. 508.224. SUBSTANCE ABUSE COUNSELING. A parole panel
310-1 may require as a condition of parole or mandatory supervision that
310-2 the releasee attend counseling sessions for substance abusers or
310-3 participate in substance abuse treatment services in a program or
310-4 facility approved or licensed by the Texas Commission on Alcohol
310-5 and Drug Abuse if:
310-6 (1) the releasee was sentenced for an offense
310-7 involving a controlled substance; or
310-8 (2) the panel determines that the releasee's substance
310-9 abuse was related to the commission of the offense.
310-10 (Sections 508.225-508.250 reserved for expansion
310-11 SUBCHAPTER H. WARRANTS
310-12 Sec. 508.251. ISSUANCE OF WARRANT OR SUMMONS. (a) In a
310-13 case of parole or mandatory supervision, the director or a
310-14 designated agent of the director or, in another case, the board on
310-15 order by the governor, may issue a warrant as provided by Section
310-16 508.252 for the return of:
310-17 (1) a releasee;
310-18 (2) an inmate released although not eligible for
310-19 release;
310-20 (3) a resident released to a preparole or work
310-21 program;
310-22 (4) an inmate released on emergency reprieve or on
310-23 emergency absence under escort; or
310-24 (5) a person released on a conditional pardon.
311-1 (b) A warrant issued under Subsection (a) must require the
311-2 return of the person to the institution from which the person was
311-3 paroled or released.
311-4 (c) Instead of the issuance of a warrant under this section,
311-5 the division may issue to the person a summons requiring the person
311-6 to appear for a hearing under Section 508.281. The summons must
311-7 state the time, date, place, and purpose of the hearing.
311-8 (d) A designated agent of the director acts independently
311-9 from a parole officer and must receive specialized training as
311-10 determined by the director.
311-11 Sec. 508.252. GROUNDS FOR ISSUANCE OF WARRANT. A warrant
311-12 may be issued under Section 508.251 if:
311-13 (1) there is reason to believe that the person has
311-14 been released although not eligible for release;
311-15 (2) the person has been arrested for an offense;
311-16 (3) there is a verified complaint stating that the
311-17 person violated a rule or condition of release; or
311-18 (4) there is reliable evidence that the person has
311-19 exhibited behavior during the person's release that indicates to a
311-20 reasonable person that the person poses a danger to society that
311-21 warrants the person's immediate return to custody.
311-22 Sec. 508.253. EFFECT ON SENTENCE AFTER ISSUANCE OF WARRANT.
311-23 If it appears a releasee has violated a condition or provision of
311-24 the releasee's parole or mandatory supervision, the date of the
312-1 issuance of the warrant to the date of the releasee's arrest is not
312-2 counted as a part of the time served under the releasee's sentence.
312-3 Sec. 508.254. DETENTION UNDER WARRANT. (a) A person who is
312-4 the subject of a warrant may be held in custody pending a
312-5 determination of all facts surrounding the alleged offense,
312-6 violation of a rule or condition of release, or dangerous behavior.
312-7 (b) A warrant authorizes any officer named by the warrant to
312-8 take custody of the person and detain the person until a parole
312-9 panel orders the return of the person to the institution from which
312-10 the person was released.
312-11 (c) Pending a hearing on a charge of parole violation,
312-12 ineligible release, or violation of a condition of mandatory
312-13 supervision, a person returned to custody shall remain confined.
312-14 Sec. 508.255. STATUS AS FUGITIVE FROM JUSTICE. (a) After
312-15 the issuance of a warrant, a person for whose return a warrant was
312-16 issued is a fugitive from justice.
312-17 (b) The law relating to the right of the state to extradite
312-18 a person and return a fugitive from justice and Article 42.11, Code
312-19 of Criminal Procedure, relating to the waiver of all legal
312-20 requirements to obtain extradition of a fugitive from justice from
312-21 another state to this state, are not impaired by this chapter and
312-22 remain in full force and effect.
312-23 Sec. 508.256. WITHDRAWAL OF WARRANT. At any time before
312-24 setting a revocation hearing date under Section 508.282, the
313-1 division may withdraw a warrant and continue supervision of a
313-2 releasee.
313-3 (Sections 508.257-508.280 reserved for expansion
313-4 SUBCHAPTER I. HEARINGS AND SANCTIONS
313-5 Sec. 508.281. HEARING. (a) A releasee, a person released
313-6 although ineligible for release, or a person granted a conditional
313-7 pardon is entitled to a hearing before a parole panel or a
313-8 designated agent of the board under the rules adopted by the board
313-9 if the releasee or person:
313-10 (1) is accused of a violation of the releasee's parole
313-11 or mandatory supervision or the person's conditional pardon, on
313-12 information and complaint by a peace officer or parole officer; or
313-13 (2) is arrested after an ineligible release.
313-14 (b) If a parole panel or designated agent of the board
313-15 determines that a releasee or person granted a conditional pardon
313-16 has been convicted of a felony offense committed while an
313-17 administrative releasee and has been sentenced to a term of
313-18 confinement in a penal institution, the determination is considered
313-19 to be a sufficient hearing to revoke the parole or mandatory
313-20 supervision or recommend to the governor revocation of a
313-21 conditional pardon without further hearing, except that the parole
313-22 panel or designated agent shall conduct a hearing to consider
313-23 mitigating circumstances if requested by the releasee or person
313-24 granted a conditional pardon.
314-1 Sec. 508.282. DATE OF HEARING; WITHDRAWAL OF WARRANT. (a)
314-2 A hearing under Section 508.281 must be held:
314-3 (1) not later than the 70th day after the date of
314-4 arrest under a warrant issued by the director or a designated agent
314-5 of the director or by the board on order of the governor; and
314-6 (2) at a time and place set by a parole panel or
314-7 designated agent of the board.
314-8 (b) Except as provided by Subsection (c), the panel or
314-9 designated agent may hold the hearing at a date later than the date
314-10 required under Subsection (a) if the panel or designated agent
314-11 determines a delay is necessary to assure due process for the
314-12 person.
314-13 (c) The authority issuing the warrant shall immediately
314-14 withdraw the warrant if the hearing is not held before the 121st
314-15 day after the date of arrest unless:
314-16 (1) the person has been removed from the custody of a
314-17 county sheriff by the department and placed in a community
314-18 residential facility;
314-19 (2) the person is in custody in another state or in a
314-20 federal correctional facility;
314-21 (3) the person, the attorney representing the person,
314-22 or the attorney representing the state is granted a continuance to
314-23 a date that is not later than the 181st day after the date of
314-24 arrest; or
315-1 (4) the person is subject to pending criminal charges
315-2 that have not been adjudicated.
315-3 Sec. 508.283. SANCTIONS. (a) After a parole panel or
315-4 designated agent of the board has held a hearing under Section
315-5 508.281, the board may, in any manner warranted by the evidence:
315-6 (1) recommend to the governor to continue, revoke, or
315-7 modify the conditional pardon; or
315-8 (2) continue, revoke, or modify the parole or
315-9 mandatory supervision.
315-10 (b) The parole panel or designated agent shall make a
315-11 recommendation or decision not later than the 30th day after the
315-12 date the hearing is concluded.
315-13 (c) If a person's parole, mandatory supervision, or
315-14 conditional pardon is revoked, the person may be required to serve
315-15 the remaining portion of the sentence on which the person was
315-16 released. The remaining portion is computed without credit for the
315-17 time from the date of the person's release to the date of
315-18 revocation.
315-19 (d) If a warrant is issued charging a violation of a release
315-20 condition, the sentence time credit may be suspended until a
315-21 determination is made in the case. The suspended time credit may
315-22 be reinstated if the parole, mandatory supervision, or conditional
315-23 pardon is continued.
315-24 (Sections 508.284-508.310 reserved for expansion
316-1 SUBCHAPTER J. MISCELLANEOUS
316-2 Sec. 508.311. DUTY TO PROVIDE INFORMATION. On request of a
316-3 member of the board or employee of the board or department, a
316-4 public official of the state, including a judge, district attorney,
316-5 county attorney, or police officer, who has information relating to
316-6 an inmate eligible for parole shall send to the department in
316-7 writing the information in the official's possession or under the
316-8 official's control.
316-9 Sec. 508.312. INFORMATION ON RECIDIVISM OF RELEASEES. The
316-10 Texas Board of Criminal Justice shall collect information on
316-11 recidivism of releasees under the supervision of the division and
316-12 shall use the information to evaluate operations.
316-13 Sec. 508.313. CONFIDENTIAL INFORMATION. (a) All
316-14 information obtained and maintained, including a victim protest
316-15 letter or other correspondence, a victim impact statement, a list
316-16 of inmates eligible for release on parole, and an arrest record of
316-17 an inmate, is confidential and privileged if the information
316-18 relates to:
316-19 (1) an inmate of the institutional division subject to
316-20 release on parole, release to mandatory supervision, or executive
316-21 clemency;
316-22 (2) a releasee; or
316-23 (3) a person directly identified in any proposed plan
316-24 of release for an inmate.
317-1 (b) Statistical and general information relating to the
317-2 parole and mandatory supervision system, including the names of
317-3 releasees and data recorded relating to parole and mandatory
317-4 supervision services, is not confidential or privileged and must be
317-5 made available for public inspection at any reasonable time.
317-6 (c) The department may provide information that is
317-7 confidential and privileged under Subsection (a) to:
317-8 (1) the governor;
317-9 (2) a member of the board;
317-10 (3) the Criminal Justice Policy Council in performing
317-11 duties of the council under Section 413.021; or
317-12 (4) an eligible entity requesting information for a
317-13 law enforcement, prosecutorial, correctional, clemency, or
317-14 treatment purpose.
317-15 (d) In this section, "eligible entity" means:
317-16 (1) a government agency, including the office of a
317-17 prosecuting attorney;
317-18 (2) an organization with which the department
317-19 contracts or an organization to which the department provides a
317-20 grant; or
317-21 (3) an organization to which inmates are referred for
317-22 services by the department.
317-23 (e) This section does not apply to information relating to a
317-24 sex offender that is authorized for release under Article
318-1 6252-13c.1, Revised Statutes.
318-2 Sec. 508.314. ACCESS TO INMATES. The department shall:
318-3 (1) grant to a member or employee of the board access
318-4 at all reasonable times to any inmate;
318-5 (2) provide for the member or employee or a
318-6 representative of the member or employee facilities for
318-7 communicating with or observing an inmate; and
318-8 (3) furnish to the member or employee:
318-9 (A) any report the member or employee requires
318-10 relating to the conduct or character of an inmate; or
318-11 (B) other facts a parole panel considers
318-12 pertinent in determining whether an inmate will be released on
318-13 parole.
318-14 Sec. 508.315. ELECTRONIC MONITORING PROGRAMS. (a) To
318-15 establish and maintain an electronic monitoring program under this
318-16 chapter, the department may:
318-17 (1) fund an electronic monitoring program in a parole
318-18 office;
318-19 (2) develop standards for the operation of an
318-20 electronic monitoring program in a parole office; and
318-21 (3) fund the purchase, lease, or maintenance of
318-22 electronic monitoring equipment.
318-23 (b) In determining whether electronic monitoring equipment
318-24 should be leased or purchased, the department shall consider the
319-1 rate at which technological change makes electronic monitoring
319-2 equipment obsolete.
319-3 Sec. 508.316. SPECIAL PROGRAMS. (a) The department may
319-4 contract for services for releasees if funds are appropriated to
319-5 the department for the services, including services for releasees
319-6 who have a history of:
319-7 (1) mental impairment or mental retardation;
319-8 (2) substance abuse; or
319-9 (3) sexual offenses.
319-10 (b) The department shall seek funding for a contract under
319-11 this section as a priority item.
319-12 Sec. 508.317. INTENSIVE SUPERVISION PROGRAM. (a) The
319-13 department shall establish a program to provide intensive
319-14 supervision to inmates released under Subchapter B, Chapter 499,
319-15 and other inmates determined by a parole panel or the department to
319-16 require intensive supervision.
319-17 (b) The Texas Board of Criminal Justice shall adopt rules
319-18 that establish standards for determining which inmates require
319-19 intensive supervision.
319-20 (c) The program must provide the highest level of
319-21 supervision the department provides.
319-22 Sec. 508.318. CONTINUING EDUCATION PROGRAM. (a) The Texas
319-23 Board of Criminal Justice and the Texas Education Agency shall
319-24 adopt a memorandum of understanding that establishes the respective
320-1 responsibilities of the board and the agency in implementing a
320-2 continuing education program to increase the literacy of releasees.
320-3 (b) The Texas Board of Criminal Justice and the agency shall
320-4 coordinate the development of the memorandum of understanding and
320-5 each by rule shall adopt the memorandum.
320-6 Sec. 508.319. PROGRAM TO ASSESS AND ENHANCE EDUCATIONAL AND
320-7 VOCATIONAL SKILLS. (a) The department, with the assistance of
320-8 public school districts, community and public junior colleges,
320-9 public and private institutions of higher education, and other
320-10 appropriate public and private entities, may establish a
320-11 developmental program based on information obtained under Section
320-12 508.183 for an inmate to be released to the supervision of the
320-13 division.
320-14 (b) The developmental program may provide the inmate with
320-15 the educational and vocational training necessary to:
320-16 (1) meet the average skill level required under
320-17 Section 508.183; and
320-18 (2) acquire employment while in the custody of the
320-19 division to lessen the likelihood that the inmate will return to
320-20 the institutional division.
320-21 (c) To decrease state expense for a program established
320-22 under this section, the Texas Workforce Commission shall provide to
320-23 the department and the other entities described by Subsection (a)
320-24 information relating to obtaining financial assistance under
321-1 applicable programs of public or private entities.
321-2 (d) The department may establish a developmental program
321-3 similar to the program described by Subsection (a) for inmates
321-4 released from the institutional division who will not be supervised
321-5 by the department.
321-6 Sec. 508.320. CONTRACTS FOR LEASE OF FEDERAL FACILITIES.
321-7 (a) The department may contract with the federal government for
321-8 the lease of a military base or other federal facility that is not
321-9 being used by the federal government.
321-10 (b) The department may use a facility leased under this
321-11 section to house releasees in the custody of the division.
321-12 (c) The department may not enter into a contract under this
321-13 section unless funds have been appropriated specifically to make
321-14 payments on a contract under this section.
321-15 (d) The department shall attempt to enter into contracts
321-16 that will provide the department with facilities located in various
321-17 parts of the state.
321-18 Sec. 508.321. REPORTING, MANAGEMENT, AND COLLECTION
321-19 SERVICES. The department, with the approval of the Texas Board of
321-20 Criminal Justice, may contract with a public or private vendor to
321-21 provide telephone reporting, automated caseload management, or
321-22 collection services for:
321-23 (1) fines, fees, restitution, or other costs ordered
321-24 to be paid by a court; or
322-1 (2) fees collected by the division.
322-2 Sec. 508.322. RELEASEE RESTITUTION FUND. (a) The releasee
322-3 restitution fund is a fund outside the treasury and consists of
322-4 restitution payments made by releasees. Money in the fund may be
322-5 used only to pay restitution as required by a condition of parole
322-6 or mandatory supervision to victims of criminal offenses.
322-7 (b) The comptroller is the trustee of the releasee
322-8 restitution fund as provided by Section 404.073.
322-9 (c) When the board orders the payment of restitution from a
322-10 releasee as provided by Article 42.037(h), Code of Criminal
322-11 Procedure, the department shall:
322-12 (1) collect the payment for disbursement to the
322-13 victim;
322-14 (2) deposit the payment in the releasee restitution
322-15 fund; and
322-16 (3) transmit the payment to the victim as soon as
322-17 practicable.
322-18 (d) If a victim who is entitled to restitution cannot be
322-19 located, immediately after receiving a final payment in
322-20 satisfaction of an order of restitution for the victim, the
322-21 department shall attempt to notify the victim of that fact by
322-22 certified mail, mailed to the last known address of the victim. If
322-23 a victim then makes a claim for payment, the department promptly
322-24 shall remit the payment to the victim.
323-1 (e) Money that remains unclaimed shall be transferred to the
323-2 compensation to victims of crime auxiliary fund on the fifth
323-3 anniversary of the date the money was deposited to the credit of
323-4 the releasee restitution fund.
323-5 Sec. 508.323. AUDIT. The financial transactions of the
323-6 division and the board are subject to audit by the state auditor in
323-7 accordance with Chapter 321.
323-8 SECTION 12.02. Article 15.27(h), Code of Criminal Procedure,
323-9 is amended to read as follows:
323-10 (h) This article applies to:
323-11 (1) an offense listed in Section 508.149, Government
323-12 Code [8(c), Article 42.18, Code of Criminal Procedure]; deadly
323-13 [reckless] conduct, as described by Section 22.05, Penal Code; or a
323-14 terroristic threat, as described by Section 22.07, Penal Code;
323-15 (2) the unlawful use, sale, or possession of a
323-16 controlled substance, drug paraphernalia, or marihuana, as defined
323-17 by Chapter 481, Health and Safety Code;
323-18 (3) the unlawful possession of any of the weapons or
323-19 devices listed in Sections 46.01(1)-(14) or (16), Penal Code; or a
323-20 weapon listed as a prohibited weapon under Section 46.05, Penal
323-21 Code; or
323-22 (4) a criminal offense under Section 71.02, Penal
323-23 Code.
323-24 SECTION 12.03. Section 3g(a), Article 42.12, Code of
324-1 Criminal Procedure, as amended by Chapters 260 and 318, Acts of the
324-2 74th Legislature, Regular Session, 1995, is amended to read as
324-3 follows:
324-4 (a) The provisions of Section 3 of this article do not
324-5 apply:
324-6 (1) to a defendant adjudged guilty of an offense
324-7 under:
324-8 (A) Section 19.02, Penal Code (Murder);
324-9 (B) Section 19.03, Penal Code (Capital murder);
324-10 (C) Section 21.11(a)(1), Penal Code (Indecency
324-11 with a child);
324-12 (D) Section 20.04, Penal Code (Aggravated
324-13 kidnapping);
324-14 (E) Section 22.021, Penal Code (Aggravated
324-15 sexual assault);
324-16 (F) Section 29.03, Penal Code (Aggravated
324-17 robbery); [or]
324-18 (G) Chapter 481, Health and Safety Code, for
324-19 which punishment is increased under Section 481.134(c), (d), (e),
324-20 or (f), Health and Safety Code, if it is shown that the defendant
324-21 has been previously convicted of an offense for which punishment
324-22 was increased under any of those subsections; or
324-23 (H) [(G)] Section 22.011(a)(2), Penal Code
324-24 (Sexual assault); or
325-1 (2) to a defendant when it is shown that a deadly
325-2 weapon as defined in Section 1.07, Penal Code, was used or
325-3 exhibited during the commission of a felony offense or during
325-4 immediate flight therefrom, and that the defendant used or
325-5 exhibited the deadly weapon or was a party to the offense and knew
325-6 that a deadly weapon would be used or exhibited. On an affirmative
325-7 finding under this subdivision, the trial court shall enter the
325-8 finding in the judgment of the court. On an affirmative finding
325-9 that the deadly weapon was a firearm, the court shall enter that
325-10 finding in its judgment.
325-11 SECTION 12.04. Article 56.08(a), Code of Criminal Procedure,
325-12 is amended to read as follows:
325-13 (a) Not later than the 10th day after the date that an
325-14 indictment or information is returned against a defendant for an
325-15 offense, the attorney representing the state shall give to each
325-16 victim of the offense a written notice containing:
325-17 (1) a brief general statement of each procedural stage
325-18 in the processing of a criminal case, including bail, plea
325-19 bargaining, parole restitution, and appeal;
325-20 (2) notification of the rights and procedures under
325-21 this chapter;
325-22 (3) suggested steps the victim may take if the victim
325-23 is subjected to threats or intimidation;
325-24 (4) notification of the right to receive information
326-1 regarding compensation to victims of crime as provided by
326-2 Subchapter B of this chapter, including information about:
326-3 (A) the costs that may be compensated under
326-4 Subchapter B of this chapter, eligibility for compensation, and
326-5 procedures for application for compensation under Subchapter B of
326-6 this chapter;
326-7 (B) the payment for a medical examination for a
326-8 victim of a sexual assault under Article 56.06 of this code; and
326-9 (C) referral to available social service
326-10 agencies that may offer additional assistance;
326-11 (5) the name, address, and phone number of the local
326-12 victim assistance coordinator;
326-13 (6) the case number and assigned court for the case;
326-14 (7) the right to file a victim impact statement with
326-15 the office of the attorney representing the state and the pardons
326-16 and paroles division of the Texas Department of Criminal Justice;
326-17 and
326-18 (8) notification of the right of a victim, guardian of
326-19 a victim, or close relative of a deceased victim, as defined by
326-20 Section 508.117, Government Code [8(f), Article 42.18 of this
326-21 code], to appear in person before a member of the Board of Pardons
326-22 and Paroles as provided by Section 508.153, Government Code
326-23 [8(f)(2), Article 42.18 of this code].
326-24 SECTION 12.05. Section 37.015(a), Education Code, is amended
327-1 to read as follows:
327-2 (a) The principal of a public or private primary or
327-3 secondary school, or a person designated by the principal under
327-4 Subsection (d), shall notify any school district police department
327-5 and the police department of the municipality in which the school
327-6 is located or, if the school is not in a municipality, the sheriff
327-7 of the county in which the school is located if the principal has
327-8 reasonable grounds to believe that any of the following activities
327-9 occur in school, on school property, or at a school-sponsored or
327-10 school-related activity on or off school property, whether or not
327-11 the activity is investigated by school security officers:
327-12 (1) conduct that may constitute an offense listed
327-13 under Section 508.149, Government Code [8(c), Article 42.18, Code
327-14 of Criminal Procedure];
327-15 (2) deadly conduct under Section 22.05, Penal Code;
327-16 (3) a terroristic threat under Section 22.07, Penal
327-17 Code;
327-18 (4) the use, sale, or possession of a controlled
327-19 substance, drug paraphernalia, or marihuana under Chapter 481,
327-20 Health and Safety Code;
327-21 (5) the possession of any of the weapons or devices
327-22 listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal
327-23 Code; or
327-24 (6) conduct that may constitute a criminal offense
328-1 under Section 71.02, Penal Code.
328-2 SECTION 12.06. Section 491.001(a)(1), Government Code, is
328-3 amended to read as follows:
328-4 (1) "Board" means the Texas Board of Criminal Justice,
328-5 except as provided by Section 508.001.
328-6 SECTION 12.07. Section 491.001(b)(1), Government Code, is
328-7 amended to read as follows:
328-8 (1) "Board of Pardons and Paroles" means:
328-9 (A) the Board of Pardons and Paroles in any
328-10 statute relating to a subject under the board's jurisdiction as
328-11 provided by Chapter 508 [Article 42.18, Code of Criminal
328-12 Procedure]; or
328-13 (B) the pardons and paroles division in any
328-14 statute relating to a subject under the division's jurisdiction as
328-15 provided by Chapter 508 [Article 42.18, Code of Criminal
328-16 Procedure].
328-17 SECTION 12.08. Section 493.009(g), Government Code, is
328-18 amended to read as follows:
328-19 (g) The department shall provide at least 5,200 beds for the
328-20 purpose of operating the program for persons required to
328-21 participate in the program under Section 14, Article 42.12, Code of
328-22 Criminal Procedure, as amended by Chapter 900, Acts of the 73rd
328-23 Legislature, Regular Session, 1993, except that the beds may also
328-24 be used to house the following categories of persons:
329-1 (1) persons transferred under Subchapter A, Chapter
329-2 499, [Government Code,] and Section 508.118 [8(i), Article 42.18,
329-3 Code of Criminal Procedure];
329-4 (2) persons whose community supervision or parole has
329-5 been modified;
329-6 (3) defendants confined in county jails awaiting
329-7 transfer to the institutional division; and
329-8 (4) inmates participating in the program described by
329-9 Section 501.0931.
329-10 SECTION 12.09. Section 493.017(b), Government Code, as added
329-11 by Chapter 256, Acts of the 74th Legislature, Regular Session,
329-12 1995, is amended to read as follows:
329-13 (b) A sex offender correction program that provides
329-14 counseling sessions for a sex offender under Section 508.187 [8(u),
329-15 Article 42.18, Code of Criminal Procedure,] shall report to the
329-16 parole officer supervising the offender, not later than the 15th
329-17 day of each month, the following information about the offender:
329-18 (1) the total number of counseling sessions attended
329-19 by the sex offender during the preceding month; and
329-20 (2) if during the preceding month the sex offender
329-21 terminates participation in the program before completing
329-22 counseling, the reason for the sex offender's termination of
329-23 counseling.
329-24 SECTION 12.10. Section 498.001(2), Government Code, is
330-1 amended to read as follows:
330-2 (2) "Term" means:
330-3 (A) the [maximum] term of confinement in the
330-4 institutional division stated in the sentence of the convicting
330-5 court, if the inmate is serving a sentence for a single offense;
330-6 (B) the [maximum] term of confinement
330-7 established by Section 508.150 [8(d), Article 42.18, Code of
330-8 Criminal Procedure], if the inmate is serving two or more sentences
330-9 consecutively; or
330-10 (C) the longest [maximum] term of confinement in
330-11 the institutional division stated in the sentence of the convicting
330-12 court, if the inmate is serving two or more concurrent sentences.
330-13 SECTION 12.11. Section 498.003(a), Government Code, is
330-14 amended to read as follows:
330-15 (a) Good conduct time applies only to eligibility for parole
330-16 or mandatory supervision as provided by Section 508.145 or 508.147
330-17 [8, Article 42.18, Code of Criminal Procedure,] and does not
330-18 otherwise affect an inmate's term. Good conduct time is a
330-19 privilege and not a right. Regardless of the classification of an
330-20 inmate, the department may grant good conduct time to the inmate
330-21 only if the department finds that the inmate is actively engaged in
330-22 an agricultural, vocational, or educational endeavor or in an
330-23 industrial program or other work program, unless the department
330-24 finds that the inmate is not capable of participating in such an
331-1 endeavor.
331-2 SECTION 12.12. Sections 499.001(1) and (4), Government Code,
331-3 are amended to read as follows:
331-4 (1) "Community residential facility" means a facility
331-5 under contract with the department under Section 508.119 [8(i),
331-6 Article 42.18, Code of Criminal Procedure,] or another facility or
331-7 residence approved by the department.
331-8 (4) "Presumptive parole date" means a date specified
331-9 by a parole panel under Section 508.151 [8(i), Article 42.18, Code
331-10 of Criminal Procedure,] on which an inmate's parole release is to
331-11 become effective.
331-12 SECTION 12.13. Section 499.005, Government Code, is amended
331-13 to read as follows:
331-14 Sec. 499.005. Transfer to Parole Status. (a) If a
331-15 pre-parolee transferred under this subchapter satisfactorily serves
331-16 a term in a community residential facility until the pre-parolee's
331-17 presumptive parole date, the Board of Pardons and Paroles may
331-18 transfer the pre-parolee from pre-parole status to parole status
331-19 and the Board of Pardons and Paroles may issue the pre-parolee an
331-20 appropriate certificate of release to conditional freedom under
331-21 Chapter 508 [Article 42.18, Code of Criminal Procedure].
331-22 (b) A pre-parolee transferred from pre-parole status to
331-23 parole status is subject to provisions concerning inmates released
331-24 on parole provided under Chapter 508 [Article 42.18, Code of
332-1 Criminal Procedure].
332-2 SECTION 12.14. Section 499.021(2), Government Code, is
332-3 amended to read as follows:
332-4 (2) "Intensive supervision parole" means a parole
332-5 supervision program established by the department [pardons and
332-6 paroles division] under Section 508.317 [24, Article 42.18, Code of
332-7 Criminal Procedure].
332-8 SECTION 12.15. Section 499.026(c), Government Code, is
332-9 amended to read as follows:
332-10 (c) An inmate released to parole under this subchapter is
332-11 subject to terms and conditions imposed on parolees released under
332-12 Chapter 508 [Article 42.18, Code of Criminal Procedure].
332-13 SECTION 12.16. Section 551.124, Government Code, is amended
332-14 to read as follows:
332-15 Sec. 551.124. Board of Pardons and Paroles. At the call of
332-16 the presiding officer of the Board of Pardons and Paroles, the
332-17 board may hold a hearing on clemency matters by telephone
332-18 conference call. [The portion of a meeting that is public is
332-19 subject to the provisions of Section 7(f), Article 42.18, Code of
332-20 Criminal Procedure.]
332-21 SECTION 12.17. (a) Section 615.003, Government Code, is
332-22 amended to conform to Sections 1.12 and 1.13, Chapter 988, Acts of
332-23 the 73rd Legislature, Regular Session, 1993, to read as follows:
332-24 Sec. 615.003. Applicability. This chapter applies only to
333-1 eligible survivors of the following individuals:
333-2 (1) an individual elected, appointed, or employed as a
333-3 peace officer by the state or a political subdivision of the state
333-4 under Article 2.12, Code of Criminal Procedure, or other law;
333-5 (2) a paid probation officer appointed by the director
333-6 of a community supervision and corrections department who has the
333-7 duties set out in Section 76.002 [2] and the qualifications set out
333-8 in Section 76.005 [5, Article 42.131, Code of Criminal Procedure],
333-9 or who was appointed in accordance with prior law;
333-10 (3) a parole officer employed by the pardons and
333-11 paroles division of the Texas Department of Criminal Justice who
333-12 has the duties set out in Section 508.001 [2] and the
333-13 qualifications set out in Section 508.113 [19, Article 42.18, Code
333-14 of Criminal Procedure,] or in prior law;
333-15 (4) a paid jailer;
333-16 (5) a member of an organized police reserve or
333-17 auxiliary unit who regularly assists peace officers in enforcing
333-18 criminal laws;
333-19 (6) a member of the class of employees of the
333-20 institutional division or the state jail division of the Texas
333-21 Department of Criminal Justice formally designated as custodial
333-22 personnel under Section 615.006 by the Texas Board of Criminal
333-23 Justice or its predecessor in function;
333-24 (7) a jailer or guard of a county jail who is
334-1 appointed by the sheriff and who:
334-2 (A) performs a security, custodial, or
334-3 supervisory function over the admittance, confinement, or discharge
334-4 of prisoners; and
334-5 (B) is certified by the Texas Commission on Law
334-6 Enforcement Officer Standards and Education;
334-7 (8) a juvenile correctional employee of the Texas
334-8 Youth Commission;
334-9 (9) an employee of the Texas Department of Mental
334-10 Health and Mental Retardation who:
334-11 (A) works at the department's maximum security
334-12 unit; or
334-13 (B) performs on-site services for the Texas
334-14 Department of Criminal Justice;
334-15 (10) an individual who is employed by the state or a
334-16 political or legal subdivision and is subject to certification by
334-17 the Texas Commission on Fire Protection;
334-18 (11) an individual employed by the state or a
334-19 political or legal subdivision whose principal duties are aircraft
334-20 crash and rescue fire fighting; or
334-21 (12) a member of an organized volunteer fire-fighting
334-22 unit that:
334-23 (A) renders fire-fighting services without
334-24 remuneration;
335-1 (B) consists of not fewer than 20 active
335-2 members, a majority of which are present at each meeting; and
335-3 (C) conducts a minimum of two drills each month,
335-4 each two hours long.
335-5 (b) Sections 1.12 and 1.13, Chapter 988, Acts of the 73rd
335-6 Legislature, Regular Session, 1993, are repealed.
335-7 SECTION 12.18. Section 44.0061(b), Health and Safety Code,
335-8 is amended to read as follows:
335-9 (b) The fund consists of fees collected under Section 19(e)
335-10 [22(e)], Article 42.12, Code of Criminal Procedure, and Section
335-11 508.189, Government Code [8(p), Article 42.18, Code of Criminal
335-12 Procedure].
335-13 SECTION 12.19. Sections 61.084(f) and (g), Human Resources
335-14 Code, are amended to read as follows:
335-15 (f) The commission shall transfer a person who has been
335-16 sentenced under a determinate sentence to commitment under Section
335-17 54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been
335-18 returned to the commission under Section 54.11(i)(1), Family Code,
335-19 to the custody of the pardons and paroles division of the Texas
335-20 Department of Criminal Justice to serve the remainder of the
335-21 person's sentence on parole as provided by Section 508.156,
335-22 Government Code [29, Article 42.18, Code of Criminal Procedure],
335-23 when the person is released under supervision after becoming 19
335-24 years of age.
336-1 (g) The commission shall transfer a person who has been
336-2 sentenced under a determinate sentence to commitment under Section
336-3 54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been
336-4 returned to the commission under Section 54.11(i)(1), Family Code,
336-5 to the custody of the pardons and paroles division of the Texas
336-6 Department of Criminal Justice on the person's 21st birthday, if
336-7 the person has not already been discharged or transferred, to serve
336-8 the remainder of the person's sentence on parole as provided by
336-9 Section 508.156, Government Code [29, Article 42.18, Code of
336-10 Criminal Procedure].
336-11 SECTION 12.20. Subchapter F, Chapter 61, Human Resources
336-12 Code, is amended to codify Sections 29(a) and (h), Article 42.18,
336-13 Code of Criminal Procedure, by adding Section 61.0841 to read as
336-14 follows:
336-15 Sec. 61.0841. DETERMINATE SENTENCE PAROLE. (a) Not later
336-16 than the 90th day before the date the commission transfers a person
336-17 to the custody of the pardons and paroles division of the Texas
336-18 Department of Criminal Justice for release on parole under Section
336-19 61.081(f) or 61.084(f) or (g), the commission shall submit to the
336-20 department all pertinent information relating to the person,
336-21 including:
336-22 (1) the juvenile court judgment;
336-23 (2) the circumstances of the person's offense;
336-24 (3) the person's previous social history and juvenile
337-1 court records;
337-2 (4) the person's physical and mental health record;
337-3 (5) a record of the person's conduct, employment
337-4 history, and attitude while committed to the commission;
337-5 (6) a record of the sentence time served by the person
337-6 at the commission and in a juvenile detention facility in
337-7 connection with the conduct for which the person was adjudicated;
337-8 and
337-9 (7) any written comments or information provided by
337-10 the commission, local officials, or victims of the offense.
337-11 (b) The commission shall provide instruction for parole
337-12 officers of the pardons and paroles division relating to juvenile
337-13 programs at the commission. The commission and the pardons and
337-14 paroles division shall enter into a memorandum of understanding
337-15 relating to the administration of this subsection.
337-16 SECTION 12.21. Section 3.307(a), Public Utility Regulatory
337-17 Act of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is
337-18 amended to read as follows:
337-19 (a) A telecommunications utility that transports or provides
337-20 a "1-900" service under a contract authorized by Chapter 76 or 508,
337-21 Government Code [Article 42.131 or 42.18, Code of Criminal
337-22 Procedure], and its subsequent amendments, that is used by a
337-23 defendant under the supervision of a community supervision and
337-24 corrections department or the pardons and paroles division of the
338-1 Texas Department of Criminal Justice to pay a fee or cost or to
338-2 comply with telephone reporting requirements may adjust or
338-3 authorize the adjustment of an end-user's bill for those fees or
338-4 costs or charges for reporting only with the consent of the
338-5 contracting community supervision and corrections department or the
338-6 contracting pardons and paroles division of the Texas Department of
338-7 Criminal Justice.
338-8 SECTION 12.22. Article 42.18, Code of Criminal Procedure, is
338-9 repealed.
338-10 SECTION 12.23. (a) Section 509.001(1), Government Code, is
338-11 amended to conform to Section 3.009, Chapter 321, Acts of the 74th
338-12 Legislature, Regular Session, 1995, to read as follows:
338-13 (1) "Community corrections facility" means a physical
338-14 structure, established by a judicial district after authorization
338-15 of the establishment of the structure has been included in the
338-16 local community justice plan, that is operated by a department or
338-17 operated for a department by an entity under contract with the
338-18 department, for the purpose of confining persons placed on
338-19 community supervision and providing services and programs to modify
338-20 criminal behavior, deter criminal activity, protect the public, and
338-21 restore victims of crime. The term includes:
338-22 (A) a restitution center;
338-23 (B) a court residential treatment facility;
338-24 (C) a substance abuse treatment facility;
339-1 (D) a custody facility or boot camp;
339-2 (E) a facility for an offender with a mental
339-3 impairment, as defined by Section 614.001, Health and Safety Code;
339-4 and
339-5 (F) an intermediate sanction facility [; and]
339-6 [(G) a state jail felony facility].
339-7 (b) Section 3.009, Chapter 321, Acts of the 74th
339-8 Legislature, Regular Session, 1995, is repealed.
339-9 SECTION 12.24. (a) Section 509.003, Government Code, is
339-10 amended by amending Subsections (a) and (c) and by adding
339-11 Subsection (d) to conform to Section 3.0091, Chapter 321, Acts of
339-12 the 74th Legislature, Regular Session, 1995, to read as follows:
339-13 (a) The division shall propose and the board shall adopt
339-14 reasonable rules establishing:
339-15 (1) minimum standards for programs, community
339-16 corrections facilities and other facilities, equipment, and other
339-17 aspects of the operation of departments;
339-18 (2) a list and description of core services that
339-19 should be provided by each department;
339-20 (3) methods for measuring the success of community
339-21 supervision and corrections programs, including methods for
339-22 measuring rates of diversion, program completion, and recidivism;
339-23 [and]
339-24 (4) a format for community justice plans; and
340-1 (5) minimum standards for the operation of substance
340-2 abuse facilities and programs funded through the division.
340-3 (c) [After consultation with the Texas Commission on Alcohol
340-4 and Drug Abuse, the division by rule shall establish standards for
340-5 the operation of substance abuse facilities and programs by the
340-6 division and by departments.] A substance abuse facility or
340-7 program operating under the standards is not required to be
340-8 licensed or otherwise approved by any other state or local agency.
340-9 (d) The division shall develop a screening and assessment
340-10 procedure for use in accordance with Section 76.017. The division
340-11 shall determine if a single screening and assessment procedure may
340-12 be used in each program. If the division determines that a single
340-13 procedure is not feasible, the division shall identify and approve
340-14 procedures that may be used.
340-15 (b) Section 3.0091, Chapter 321, Acts of the 74th
340-16 Legislature, Regular Session, 1995, is repealed.
340-17 SECTION 12.25. (a) Section 509.004(a), Government Code, is
340-18 amended to conform to Section 62, Chapter 318, Acts of the 74th
340-19 Legislature, Regular Session, 1995, to read as follows:
340-20 (a) The division shall require each department to:
340-21 (1) keep financial and statistical records determined
340-22 necessary by the division;
340-23 (2) submit a community justice plan and all supporting
340-24 information requested by the division;
341-1 (3) present data requested by the division as
341-2 necessary to determine the amount of state aid for which the
341-3 department is eligible; [and]
341-4 (4) submit periodic financial audits and statistical
341-5 reports to the division;
341-6 (5) submit periodic data to the division on the
341-7 required use of deep-lung breath analysis mechanisms to make
341-8 impractical the operation of a motor vehicle if ethyl alcohol is
341-9 detected in the breath of the operator, including the number of
341-10 devices in use, the number of violations detected, malfunctions by
341-11 the devices, and attempts to circumvent the devices; and
341-12 (6) submit to the Department of Public Safety the full
341-13 name, address, date of birth, social security number, and driver's
341-14 license number of each person restricted to the operation of a
341-15 motor vehicle equipped with a device that uses a deep-lung breath
341-16 analysis mechanism to make impractical the operation of the motor
341-17 vehicle if ethyl alcohol is detected in the breath of the
341-18 restricted operator.
341-19 (b) Section 62, Chapter 318, Acts of the 74th Legislature,
341-20 Regular Session, 1995, is repealed.
341-21 SECTION 12.26. (a) Section 509.005, Government Code, is
341-22 amended to conform to Section 3.010, Chapter 321, Acts of the 74th
341-23 Legislature, Regular Session, 1995, to read as follows:
341-24 Sec. 509.005. INSPECTIONS; AUDITS; EVALUATIONS. [(a)] The
342-1 division may inspect and evaluate a department or conduct an audit
342-2 of case management records, financial records, and officer
342-3 certification and training records of a department at any
342-4 reasonable time to determine compliance with the division's rules
342-5 and standards.
342-6 [(b) The division shall authorize payments under Section
342-7 509.011(a)(1) only if the division determines that the department
342-8 has made a reasonable effort to maintain workloads established by
342-9 the division for supervising officers that do not exceed the
342-10 following ratios:]
342-11 [(1) one officer or full-time equivalent per 25 cases,
342-12 with a workload unit value of 4 per case;]
342-13 [(2) one officer or full-time equivalent per 40 cases,
342-14 with a workload unit value of 2.5 per case;]
342-15 [(3) one officer or full-time equivalent per 75 cases,
342-16 with a workload unit value of 1.33 per case; and]
342-17 [(4) one officer or full-time equivalent per 100
342-18 cases, with a workload unit value of 1 per case.]
342-19 (b) Section 3.010, Chapter 321, Acts of the 74th
342-20 Legislature, Regular Session, 1995, is repealed.
342-21 SECTION 12.27. (a) Section 509.008(g), Government Code, is
342-22 amended to conform to Section 3.011, Chapter 321, Acts of the 74th
342-23 Legislature, Regular Session, 1995, to read as follows:
342-24 (g) The division may deny, revoke, or suspend a
343-1 certification or may reprimand an officer for a violation of a
343-2 standard adopted under this chapter [or a rule of the board].
343-3 (b) Section 3.011, Chapter 321, Acts of the 74th
343-4 Legislature, Regular Session, 1995, is repealed.
343-5 SECTION 12.28. (a) Section 509.011, Government Code, is
343-6 amended to conform to Section 3.012, Chapter 321, Acts of the 74th
343-7 Legislature, Regular Session, 1995, by amending Subsections (a) and
343-8 (b) and by adding Subsection (f) to read as follows:
343-9 (a) If the division determines that a department complies
343-10 with division standards and if the department or judges managing
343-11 the department have submitted a community justice plan under
343-12 Section 76.003 and the supporting information required by the
343-13 division and the division determines the plan and supporting
343-14 information are acceptable, the division shall prepare and submit
343-15 to the comptroller vouchers for payment to the department as
343-16 follows:
343-17 (1) for per capita funding, a per diem amount for each
343-18 felony defendant directly supervised by the department pursuant to
343-19 lawful authority;
343-20 (2) for per capita funding, a per diem amount for a
343-21 period not to exceed 182 days for each defendant supervised by the
343-22 department pursuant to lawful authority, other than a felony
343-23 defendant; and
343-24 (3) for formula funding, an annual amount as computed
344-1 by multiplying a percentage determined by the allocation formula
344-2 established under Subsection (f) [Section 499.071(b)] times the
344-3 total amount provided in the General Appropriations Act for
344-4 payments under this subdivision.
344-5 (b) The division may use discretionary grant funds to
344-6 further the purposes of this chapter by contracting for services
344-7 with state agencies or nonprofit organizations. The division may
344-8 also make discretionary grants to departments, municipalities, or
344-9 counties for the following purposes:
344-10 (1) development and operation of pretrial and
344-11 presentencing services;
344-12 (2) electronic monitoring services, surveillance
344-13 supervision programs, and controlled substances testing services;
344-14 (3) research projects to evaluate the effectiveness of
344-15 community corrections programs, if the research is conducted in
344-16 cooperation with the Criminal Justice Policy Council;
344-17 (4) contract services for felony defendants;
344-18 (5) residential services for misdemeanor defendants
344-19 who exhibit levels of risk or needs indicating a need for
344-20 confinement and treatment, as described by Section 509.005(b);
344-21 (6) establishment or operation of county correctional
344-22 centers under Subchapter H, Chapter 351, Local Government Code,
344-23 (FN1) or community corrections facilities for which the division
344-24 has established standards under Section 509.006; [and]
345-1 (7) development and operation of treatment alternative
345-2 to incarceration programs under Section 76.017; and
345-3 (8) other purposes determined appropriate by the
345-4 division and approved by the board.
345-5 (f) The division annually shall compute for each department
345-6 for community corrections program formula funding a percentage
345-7 determined by assigning equal weights to the percentage of the
345-8 state's population residing in the counties served by the
345-9 department and the department's percentage of all felony defendants
345-10 in the state under direct community supervision. The division
345-11 shall use the most recent information available in making
345-12 computations under this subsection. The board by rule may adopt a
345-13 policy limiting for all departments the percentage of benefit or
345-14 loss that may be realized as a result of the operation of the
345-15 formula.
345-16 (b) Section 3.012, Chapter 321, Acts of the 74th
345-17 Legislature, Regular Session, 1995, is repealed.
345-18 SECTION 12.29. (a) Section 509.012(b), Government Code, is
345-19 amended to conform to Section 3.013, Chapter 321, Acts of the 74th
345-20 Legislature, Regular Session, 1995, to read as follows:
345-21 (b) The board shall provide for notice and a hearing in
345-22 cases in which the division proposes to take an action authorized
345-23 by this section, other than a refusal by the division to provide
345-24 discretionary grant funding or a reduction by the division of
346-1 discretionary grant funding during a funding cycle. The division
346-2 shall define with specificity the conduct that constitutes
346-3 substantial noncompliance with division standards and shall
346-4 establish the procedures to be used in imposing or waiving a
346-5 sanction authorized by this section, subject to approval of the
346-6 definition and the procedures by adoption by the board.
346-7 (b) Section 3.013, Chapter 321, Acts of the 74th
346-8 Legislature, Regular Session, 1995, is repealed.
346-9 SECTION 12.30. Section 511.009(a), Government Code, is
346-10 amended to conform to Section 1, Chapter 171, Acts of the 74th
346-11 Legislature, Regular Session, 1995; Section 89, Chapter 262, Acts
346-12 of the 74th Legislature, Regular Session, 1995; and Section 2,
346-13 Chapter 722, Acts of the 74th Legislature, Regular Session, 1995,
346-14 to read as follows:
346-15 (a) The commission shall:
346-16 (1) adopt reasonable rules and procedures establishing
346-17 minimum standards for the construction, equipment, maintenance, and
346-18 operation of county jails;
346-19 (2) adopt reasonable rules and procedures establishing
346-20 minimum standards for the custody, care, and treatment of
346-21 prisoners;
346-22 (3) adopt reasonable rules establishing minimum
346-23 standards for the number of jail supervisory personnel and for
346-24 programs and services to meet the needs of prisoners;
347-1 (4) adopt reasonable rules and procedures establishing
347-2 minimum requirements for programs of rehabilitation, education, and
347-3 recreation in county jails;
347-4 (5) revise, amend, or change rules and procedures if
347-5 necessary;
347-6 (6) provide to local government officials consultation
347-7 on and technical assistance for county jails;
347-8 (7) review and comment on plans for the construction
347-9 and major modification or renovation of county jails;
347-10 (8) require that the sheriff and commissioners of each
347-11 county submit to the commission, on a form prescribed by the
347-12 commission, an annual report on the conditions in each county jail
347-13 within their jurisdiction, including all information necessary to
347-14 determine compliance with state law, commission orders, and the
347-15 rules adopted under this chapter;
347-16 (9) review the reports submitted under Subdivision (8)
347-17 and require commission employees to inspect county jails regularly
347-18 to ensure compliance with state law, commission orders, and rules
347-19 and procedures adopted under this chapter;
347-20 (10) adopt a classification system to assist sheriffs
347-21 and judges in determining which defendants are low-risk and
347-22 consequently suitable participants in a county jail work release
347-23 program under Article 42.034, Code of Criminal Procedure; [and]
347-24 (11) adopt rules relating to requirements for
348-1 segregation of classes of inmates and to capacities for county
348-2 jails;[.]
348-3 (12) [(11)] require that the chief jailer of each
348-4 municipal lockup submit to the commission, on a form prescribed by
348-5 the commission, an annual report of persons under 17 years of age
348-6 securely detained in the lockup, including all information
348-7 necessary to determine compliance with state law concerning secure
348-8 confinement of children in municipal lockups; [and]
348-9 (13) [(11)] at least annually determine whether each
348-10 county jail is in compliance with the rules and procedures adopted
348-11 under this chapter; and[.]
348-12 (14) [(12)] require that the sheriff and commissioners
348-13 court of each county submit to the commission, on a form prescribed
348-14 by the commission, an annual report of persons under 17 years of
348-15 age securely detained in the county jail, including all information
348-16 necessary to determine compliance with state law concerning secure
348-17 confinement of children in county jails.
348-18 ARTICLE 13. CHANGES RELATING TO OPEN GOVERNMENT;
348-19 ETHICS TITLE, GOVERNMENT CODE
348-20 SECTION 13.01. Sections 552.324 and 552.325, Government
348-21 Code, as added by Chapter 578, Acts of the 74th Legislature,
348-22 Regular Session, 1995, are repealed because those sections
348-23 duplicate the same Government Code sections as added by Chapter
348-24 1035, Acts of the 74th Legislature, Regular Session, 1995.
349-1 ARTICLE 14. CHANGES RELATING TO STATE MEDICAID PROGRAM
349-2 SECTION 14.01. Section 531.001, Government Code, is amended
349-3 to allow for expansion of Subtitle I, Title 4, Government Code, and
349-4 to eliminate unnecessary repetition in that subtitle of those
349-5 definitions, to read as follows:
349-6 Sec. 531.001. DEFINITIONS. In this subtitle [chapter]:
349-7 (1) "Commission" means the Health and Human Services
349-8 Commission.
349-9 (2) "Commissioner" means the commissioner of health
349-10 and human services.
349-11 (3) "Health and human services agencies" includes the:
349-12 (A) Interagency Council on Early Childhood
349-13 Intervention Services;
349-14 (B) Texas Department on Aging;
349-15 (C) Texas Commission on Alcohol and Drug Abuse;
349-16 (D) Texas Commission for the Blind;
349-17 (E) Texas Commission for the Deaf and Hard of
349-18 Hearing [Impaired];
349-19 (F) Texas Department of Health;
349-20 (G) Texas Department of Human Services;
349-21 (H) Texas Juvenile Probation Commission;
349-22 (I) Texas Department of Mental Health and Mental
349-23 Retardation;
349-24 (J) Texas Rehabilitation Commission; and
350-1 (K) Department of Protective and Regulatory
350-2 Services.
350-3 SECTION 14.02. (a) Section 531.011, Government Code, is
350-4 amended to conform to Section 9.02, Chapter 655, Acts of the 74th
350-5 Legislature, Regular Session, 1995, and Section 2, Chapter 885,
350-6 Acts of the 74th Legislature, Regular Session, 1995, to read as
350-7 follows:
350-8 Sec. 531.011. PUBLIC INPUT [INTEREST] INFORMATION AND
350-9 COMPLAINTS. (a) The commission shall develop and implement
350-10 policies that provide the public a reasonable opportunity to appear
350-11 before the commission and to speak on any issue under the
350-12 commission's jurisdiction.
350-13 (b) The commission shall develop and implement routine and
350-14 ongoing mechanisms, in accessible formats, to:
350-15 (1) receive consumer input;
350-16 (2) involve consumers in planning, delivery, and
350-17 evaluation of programs and services under the jurisdiction of the
350-18 commission; and
350-19 (3) communicate to the public regarding the input
350-20 received by the commission under this section and actions taken in
350-21 response to that input.
350-22 (c) The commission shall prepare information of public
350-23 interest describing the functions of the commission and the
350-24 commission's procedures by which complaints are filed with and
351-1 resolved by the commission. The commission shall make the
351-2 information available to the public and appropriate state agencies.
351-3 (d) [(c)] The commissioner by rule shall establish methods
351-4 by which the public, consumers, and service recipients can be
351-5 notified of the mailing addresses and telephone numbers of
351-6 appropriate agency personnel for the purpose of directing
351-7 complaints to the commission. The commission may provide for that
351-8 notification:
351-9 (1) on each registration form, application, or written
351-10 contract for services of a person regulated by the commission;
351-11 (2) on a sign prominently displayed in the place of
351-12 business of each person regulated by the commission; or
351-13 (3) in a bill for service provided by a person
351-14 regulated by the commission.
351-15 (e) [(d)] The commission shall keep an information file
351-16 about each complaint filed with the commission relating to:
351-17 (1) a license holder or entity regulated by the
351-18 commission; or
351-19 (2) a service delivered by the commission.
351-20 (f) [(e)] If a written complaint is filed with the
351-21 commission relating to a license holder or entity regulated by the
351-22 commission or a service delivered by the commission, the
351-23 commission, at least quarterly and until final disposition of the
351-24 complaint, shall notify the parties to the complaint of the status
352-1 of the complaint unless notice would jeopardize an undercover
352-2 investigation.
352-3 (b) Section 9.02, Chapter 655, Acts of the 74th Legislature,
352-4 Regular Session, 1995, and Section 2, Chapter 885, Acts of the 74th
352-5 Legislature, Regular Session, 1995, are repealed.
352-6 SECTION 14.03. (a) Subchapter B, Chapter 531, Government
352-7 Code, is amended to conform to Section 1, Chapter 972, Acts of the
352-8 74th Legislature, Regular Session, 1995, and Section 1, Chapter
352-9 575, Acts of the 74th Legislature, Regular Session, 1995, by adding
352-10 Sections 531.0211-531.0214 to read as follows:
352-11 Sec. 531.0211. MANAGED CARE MEDICAID PROGRAM: RULES;
352-12 EDUCATION PROGRAMS. (a) In adopting rules to implement a managed
352-13 care Medicaid program, the commission shall establish guidelines
352-14 for, and require managed care organizations to provide, education
352-15 programs for providers and clients using a variety of techniques
352-16 and mediums.
352-17 (b) A provider education program must include information
352-18 on:
352-19 (1) Medicaid policies, procedures, eligibility
352-20 standards, and benefits;
352-21 (2) the specific problems and needs of Medicaid
352-22 clients; and
352-23 (3) the rights and responsibilities of Medicaid
352-24 clients under the bill of rights and the bill of responsibilities
353-1 prescribed by Section 531.0212.
353-2 (c) A client education program must present information in a
353-3 manner that is easy to understand. A program must include
353-4 information on:
353-5 (1) a client's rights and responsibilities under the
353-6 bill of rights and the bill of responsibilities prescribed by
353-7 Section 531.0212;
353-8 (2) how to access health care services;
353-9 (3) how to access complaint procedures and the
353-10 client's right to bypass the managed care organization's internal
353-11 complaint system and use the notice and appeal procedures otherwise
353-12 required by the Medicaid program;
353-13 (4) Medicaid policies, procedures, eligibility
353-14 standards, and benefits;
353-15 (5) the policies and procedures of the managed care
353-16 organization; and
353-17 (6) the importance of prevention, early intervention,
353-18 and appropriate use of services.
353-19 Sec. 531.0212. MEDICAID BILL OF RIGHTS AND BILL OF
353-20 RESPONSIBILITIES. (a) The commission by rule shall adopt a bill
353-21 of rights and a bill of responsibilities for each person enrolled
353-22 in the Medicaid program.
353-23 (b) The bill of rights must address a client's right to:
353-24 (1) respect, dignity, privacy, confidentiality, and
354-1 nondiscrimination;
354-2 (2) a reasonable opportunity to choose a health care
354-3 plan and primary care provider and to change to another plan or
354-4 provider in a reasonable manner;
354-5 (3) consent to or refuse treatment and actively
354-6 participate in treatment decisions;
354-7 (4) ask questions and receive complete information
354-8 relating to the client's medical condition and treatment options,
354-9 including specialty care;
354-10 (5) access each available complaint process, receive a
354-11 timely response to a complaint, and receive a fair hearing; and
354-12 (6) timely access to care that does not have any
354-13 communication or physical access barriers.
354-14 (c) The bill of responsibilities must address a client's
354-15 responsibility to:
354-16 (1) learn and understand each right the client has
354-17 under the Medicaid program;
354-18 (2) abide by the health plan and Medicaid policies and
354-19 procedures;
354-20 (3) share information relating to the client's health
354-21 status with the primary care provider and become fully informed
354-22 about service and treatment options; and
354-23 (4) actively participate in decisions relating to
354-24 service and treatment options, make personal choices, and take
355-1 action to maintain the client's health.
355-2 Sec. 531.0213. SUPPORT SERVICES FOR MEDICAID RECIPIENTS.
355-3 (a) The commission shall provide support and information services
355-4 to a person enrolled in or applying for Medicaid coverage who
355-5 experiences barriers to receiving health care services.
355-6 (b) The commission shall give emphasis to assisting a person
355-7 with an urgent or immediate medical or support need.
355-8 (c) The commission may provide support and information
355-9 services by contracting with a nonprofit organization that is not
355-10 involved in providing health care, health insurance, or health
355-11 benefits.
355-12 (d) As a part of the support and information services
355-13 required by this section, the commission or nonprofit organization
355-14 shall:
355-15 (1) operate a statewide toll-free assistance telephone
355-16 number that includes TDD lines and assistance for persons who speak
355-17 Spanish;
355-18 (2) intervene promptly with the state Medicaid office,
355-19 managed care organizations and providers, the Texas Department of
355-20 Health, and any other appropriate entity on behalf of a person who
355-21 has an urgent need for medical services;
355-22 (3) assist a person who is experiencing barriers in
355-23 the Medicaid application and enrollment process and refer the
355-24 person for further assistance if appropriate;
356-1 (4) educate persons so that they:
356-2 (A) understand the concept of managed care;
356-3 (B) understand their rights under the Medicaid
356-4 program, including grievance and appeal procedures; and
356-5 (C) are able to advocate for themselves;
356-6 (5) collect and maintain statistical information on a
356-7 regional basis regarding calls received by the assistance lines and
356-8 publish quarterly reports that:
356-9 (A) list the number of calls received by region;
356-10 (B) identify trends in delivery and access
356-11 problems;
356-12 (C) identify recurring barriers in the Medicaid
356-13 system; and
356-14 (D) indicate other problems identified with
356-15 Medicaid managed care; and
356-16 (6) assist the state Medicaid office, managed care
356-17 organizations and providers, and the Texas Department of Health in
356-18 identifying and correcting problems, including site visits to
356-19 affected regions if necessary.
356-20 Sec. 531.0214. MEDICAID DATA COLLECTION SYSTEM. (a) The
356-21 commission and each health and human services agency that
356-22 administers a part of the state Medicaid program shall jointly
356-23 develop a system to coordinate and integrate state Medicaid
356-24 databases to:
357-1 (1) facilitate the comprehensive analysis of Medicaid
357-2 data; and
357-3 (2) detect fraud perpetrated by a program provider or
357-4 client.
357-5 (b) To minimize cost and duplication of activities, the
357-6 commission shall assist and coordinate:
357-7 (1) the efforts of the agencies that are participating
357-8 in the development of the system required by Subsection (a); and
357-9 (2) the efforts of those agencies with the efforts of
357-10 other agencies involved in a statewide health care data collection
357-11 system provided for by Section 108.006, Health and Safety Code,
357-12 including avoiding duplication of expenditure of state funds for
357-13 computer hardware, staff, or services.
357-14 (c) On the request of the commissioner, a state agency that
357-15 administers any part of the state Medicaid program shall assist the
357-16 commission in developing the system required by this section.
357-17 (d) The commission shall develop the database system in a
357-18 manner that will enable a complete analysis of the use of
357-19 prescription medications, including information relating to:
357-20 (1) Medicaid clients for whom more than three
357-21 medications have been prescribed; and
357-22 (2) the medical effect denial of Medicaid coverage for
357-23 more than three medications has had on Medicaid clients.
357-24 (b) Section 1, Chapter 972, Acts of the 74th Legislature,
358-1 Regular Session, 1995, and Section 1, Chapter 575, Acts of the 74th
358-2 Legislature, Regular Session, 1995, are repealed.
358-3 SECTION 14.04. (a) Section 531.022, Government Code, is
358-4 amended to conform to Section 1, Chapter 798, Acts of the 74th
358-5 Legislature, Regular Session, 1995, by amending Subsection (d) and
358-6 adding Subsection (e) to read as follows:
358-7 (d) In developing a plan and plan updates under this
358-8 section, the commissioner shall consider:
358-9 (1) existing strategic plans of health and human
358-10 services agencies;
358-11 (2) health and human services priorities and plans
358-12 submitted by governmental entities under Subsection (e);
358-13 (3) facilitation of pending reorganizations or
358-14 consolidations of health and human services agencies and programs;
358-15 (4) [(3)] public comment, including comment documented
358-16 through public hearings conducted under Section 531.036; and
358-17 (5) [(4)] budgetary issues, including projected agency
358-18 needs and projected availability of funds.
358-19 (e) The commissioner shall identify the governmental
358-20 entities that coordinate the delivery of health and human services
358-21 in regions, counties, and municipalities and request that each
358-22 entity:
358-23 (1) identify the health and human services priorities
358-24 in the entity's jurisdiction and the most effective ways to deliver
359-1 and coordinate services in that jurisdiction;
359-2 (2) develop a coordinated plan for the delivery of
359-3 health and human services in the jurisdiction, including transition
359-4 services that prepare special education students for adulthood; and
359-5 (3) make the information requested under Subdivisions
359-6 (1) and (2) available to the commission.
359-7 (b) Section 1, Chapter 798, Acts of the 74th Legislature,
359-8 Regular Session, 1995, is repealed.
359-9 SECTION 14.05. (a) Section 531.023, Government Code, is
359-10 amended to conform to Section 9.01, Chapter 655, Acts of the 74th
359-11 Legislature, Regular Session, 1995, and Section 1, Chapter 885,
359-12 Acts of the 74th Legislature, Regular Session, 1995, to read as
359-13 follows:
359-14 Sec. 531.023. SUBMISSION OF PLANS AND UPDATES BY AGENCIES.
359-15 (a) All health and human services agencies shall submit to the
359-16 commission strategic plans and biennial updates on a date to be
359-17 determined by commission rule. The commission shall review and
359-18 comment on the strategic plans and biennial updates.
359-19 (b) Not later than January 1 of each even-numbered year, the
359-20 commission shall begin formal discussions with each health and
359-21 human services agency regarding that agency's strategic plan or
359-22 biennial update.
359-23 (b) Section 9.01, Chapter 655, Acts of the 74th Legislature,
359-24 Regular Session, 1995, and Section 1, Chapter 885, Acts of the 74th
360-1 Legislature, Regular Session, 1995, are repealed.
360-2 SECTION 14.06. Section 531.024, Government Code, is amended
360-3 to conform to Section 2, Chapter 798, Acts of the 74th Legislature,
360-4 Regular Session, 1995, to read as follows:
360-5 Sec. 531.024. PLANNING AND DELIVERY OF HEALTH AND HUMAN
360-6 SERVICES. The commissioner shall:
360-7 (1) facilitate and enforce coordinated planning and
360-8 delivery of health and human services, including:
360-9 (A) compliance with the coordinated strategic
360-10 plan;
360-11 (B) co-location of services;
360-12 (C) integrated intake; and
360-13 (D) coordinated referral and case management;
360-14 (2) develop with the Department of Information
360-15 Resources automation standards for computer systems to enable
360-16 health and human services agencies, including agencies operating at
360-17 a local level, to share pertinent data;
360-18 (3) establish and enforce uniform regional boundaries
360-19 for all health and human services agencies;
360-20 (4) carry out statewide health and human services
360-21 needs surveys and forecasting; [and]
360-22 (5) perform independent special-outcome evaluations of
360-23 health and human services programs and activities; and
360-24 (6) at the request of a governmental entity identified
361-1 under Section 531.022(e), assist that entity in implementing a
361-2 coordinated plan that may include co-location of services,
361-3 integrated intake, and coordinated referral and case management and
361-4 is tailored to the needs and priorities of that entity.
361-5 SECTION 14.07. (a) Subchapter B, Chapter 531, Government
361-6 Code, is amended to conform to Sections 9.06, 9.07, and 9.08,
361-7 Chapter 655, Acts of the 74th Legislature, Regular Session, 1995;
361-8 Section 3, Chapter 798, Acts of the 74th Legislature, Regular
361-9 Session, 1995; and Sections 6, 7, and 8, Chapter 885, Acts of the
361-10 74th Legislature, Regular Session, 1995, by adding Sections
361-11 531.0241, 531.0242, and 531.0243 to read as follows:
361-12 Sec. 531.0241. STREAMLINING DELIVERY OF SERVICES. To
361-13 integrate and streamline service delivery and facilitate access to
361-14 services, the commissioner may request a health and human services
361-15 agency to take a specific action and may recommend the manner in
361-16 which the streamlining is to be accomplished, including requesting
361-17 each health and human services agency to:
361-18 (1) simplify agency procedures;
361-19 (2) automate agency procedures;
361-20 (3) coordinate service planning and management tasks
361-21 between and among health and human services agencies;
361-22 (4) reallocate staff resources;
361-23 (5) adopt rules;
361-24 (6) amend, waive, or repeal existing rules; or
362-1 (7) take other necessary actions.
362-2 Sec. 531.0242. USE OF AGENCY STAFF. To the extent requested
362-3 by the commission, a health and human services agency shall assign
362-4 existing staff to perform a function imposed under this chapter.
362-5 Sec. 531.0243. REPORTS ON DELIVERY OF SERVICES. (a) The
362-6 executive head of each health and human services agency shall
362-7 report quarterly to the governing body of that agency on that
362-8 agency's efforts to streamline and simplify the delivery of
362-9 services. The agency shall submit a copy of the report to the
362-10 commission.
362-11 (b) The commission shall prepare and deliver a semiannual
362-12 report to the governor, the lieutenant governor, the speaker of the
362-13 house of representatives, the comptroller, the Legislative Budget
362-14 Board, and appropriate legislative committees on the efforts of the
362-15 health and human services agencies to streamline the delivery of
362-16 services provided by those agencies.
362-17 (c) The commissioner shall adopt rules relating to the
362-18 reports required by Subsection (a), including rules specifying when
362-19 and in what manner an agency must report and the information to be
362-20 included in the report. Each agency shall follow the rules adopted
362-21 by the commissioner under this section.
362-22 (b) Sections 9.06, 9.07, and 9.08, Chapter 655, Acts of the
362-23 74th Legislature, Regular Session, 1995; Section 3, Chapter 798,
362-24 Acts of the 74th Legislature, Regular Session, 1995; and Sections
363-1 6, 7, and 8, Chapter 885, Acts of the 74th Legislature, Regular
363-2 Session, 1995, are repealed.
363-3 SECTION 14.08. (a) Section 531.027, Government Code, is
363-4 amended to conform to Section 9.03, Chapter 655, Acts of the 74th
363-5 Legislature, Regular Session, 1995, and Section 3, Chapter 885,
363-6 Acts of the 74th Legislature, Regular Session, 1995, to read as
363-7 follows:
363-8 Sec. 531.027. APPROPRIATIONS REQUEST BY AGENCIES. (a) Each
363-9 health and human services agency shall submit to the commission a
363-10 biennial agency legislative appropriations request on a date to be
363-11 determined by commission rule.
363-12 (b) A health and human services agency may not submit to the
363-13 legislature or the governor its legislative appropriations request
363-14 until the commission reviews and comments on the legislative
363-15 appropriations request.
363-16 (b) Section 9.03, Chapter 655, Acts of the 74th Legislature,
363-17 Regular Session, 1995, and Section 3, Chapter 885, Acts of the 74th
363-18 Legislature, Regular Session, 1995, are repealed.
363-19 SECTION 14.09. (a) Subchapter B, Chapter 531, Government
363-20 Code, is amended to conform to Section 9.04, Chapter 655, Acts of
363-21 the 74th Legislature, Regular Session, 1995, and Section 4, Chapter
363-22 885, Acts of the 74th Legislature, Regular Session, 1995, by adding
363-23 Sections 531.0271, 531.0272, 531.0273, and 531.0274 to read as
363-24 follows:
364-1 Sec. 531.0271. HEALTH AND HUMAN SERVICES AGENCIES OPERATING
364-2 BUDGETS. (a) In addition to the provisions of the General
364-3 Appropriations Act, the commission shall review and comment on:
364-4 (1) the annual operating budget of each health and
364-5 human services agency; and
364-6 (2) the transfer of funds between budget strategies
364-7 made by each health and human services agency before that transfer.
364-8 (b) The commission shall issue a quarterly report regarding
364-9 the projected expenditures by budget strategy of each health and
364-10 human services agency compared to each agency's operating budget.
364-11 Sec. 531.0272. FEDERAL FUNDS. Notwithstanding any other
364-12 state law and to the extent permitted by federal law, the
364-13 commission may review and comment on an operational or funding plan
364-14 or a modification to that plan prepared by a health and human
364-15 services agency designated as the single state agency to administer
364-16 federal funds.
364-17 Sec. 531.0273. AUTOMATED SYSTEMS. A health and human
364-18 services agency may not submit its plans to the Department of
364-19 Information Resources under Subchapter E, Chapter 2054, until those
364-20 plans are approved by the commission.
364-21 Sec. 531.0274. COORDINATION AND APPROVAL OF CASELOAD
364-22 ESTIMATES; REPORT. (a) The commission shall coordinate and
364-23 approve caseload estimates made for programs administered by health
364-24 and human services agencies.
365-1 (b) To implement this section, the commission shall:
365-2 (1) adopt uniform guidelines to be used by health and
365-3 human services agencies in estimating their caseloads, with
365-4 allowances given for those agencies for which exceptions from the
365-5 guidelines may be necessary;
365-6 (2) assemble a single set of economic and demographic
365-7 data and provide that data to each health and human services agency
365-8 to be used in estimating its caseloads; and
365-9 (3) seek advice from health and human services
365-10 agencies, the Legislative Budget Board, the governor's budget
365-11 office, the comptroller, and other relevant agencies as needed to
365-12 coordinate the caseload estimating process.
365-13 (c) The commission shall assemble caseload estimates made by
365-14 health and human services agencies into a coherent, uniform report
365-15 and shall update that report quarterly with assistance from those
365-16 agencies. The commission shall publish the report and make it
365-17 readily available to state and local agencies and interested
365-18 private organizations.
365-19 (d) In the report prepared under Subsection (c), the
365-20 commission shall explain the caseload estimates using monthly
365-21 averages, annual unduplicated recipients, annual service usage, and
365-22 other commonly used measures.
365-23 (e) The commission shall attach a copy of the report
365-24 prepared under Subsection (c) to the consolidated health and human
366-1 services budget recommendation submitted to the Legislative Budget
366-2 Board under Section 531.026 and shall also submit the report to the
366-3 legislature when it convenes in regular session.
366-4 (b) Section 9.04, Chapter 655, Acts of the 74th Legislature,
366-5 Regular Session, 1995, and Section 4, Chapter 885, Acts of the 74th
366-6 Legislature, Regular Session, 1995, are repealed.
366-7 SECTION 14.10. (a) Section 531.028, Government Code, is
366-8 amended to conform to Section 9.05, Chapter 655, Acts of the 74th
366-9 Legislature, Regular Session, 1995, and Section 5, Chapter 885,
366-10 Acts of the 74th Legislature, Regular Session, 1995, to read as
366-11 follows:
366-12 Sec. 531.028. MANAGEMENT AND DISTRIBUTION OF FUNDS. The
366-13 commissioner shall:
366-14 (1) request budget execution for the transfer of funds
366-15 from one agency to another;
366-16 (2) establish a federal health and human services
366-17 funds management system and maximize the availability of those
366-18 funds; and
366-19 (3) review and comment on health and human services
366-20 agency formulas [develop a formula] for the distribution of funds
366-21 to ensure that the formulas, to the extent permitted by federal
366-22 law, consider [considers] such need factors as client base,
366-23 population, and economic and geographic factors within the regions
366-24 of the state.
367-1 (b) Subchapter B, Chapter 531, Government Code, is amended
367-2 to conform to Section 9.05, Chapter 655, Acts of the 74th
367-3 Legislature, Regular Session, 1995, and Section 5, Chapter 885,
367-4 Acts of the 74th Legislature, Regular Session, 1995, by adding
367-5 Section 531.0311 to read as follows:
367-6 Sec. 531.0311. ANNUAL WORK PLAN. Not later than the end of
367-7 the first month of each fiscal year, the commissioner shall submit
367-8 to the governor, the lieutenant governor, the speaker of the house
367-9 of representatives, the comptroller, and the Legislative Budget
367-10 Board a work plan outlining the activities of the commission for
367-11 that fiscal year. The work plan must establish priorities for the
367-12 commission's activities based on available resources.
367-13 (c) Section 531.035, Government Code, is amended to conform
367-14 to Section 9.05, Chapter 655, Acts of the 74th Legislature, Regular
367-15 Session, 1995; Section 2, Chapter 798, Acts of the 74th
367-16 Legislature, Regular Session, 1995; and Section 5, Chapter 885,
367-17 Acts of the 74th Legislature, Regular Session, 1995, to read as
367-18 follows:
367-19 Sec. 531.035. DISPUTE ARBITRATION. The commissioner shall
367-20 arbitrate and render the [a] final decision on interagency
367-21 disputes.
367-22 (d) Section 9.05, Chapter 655, Acts of the 74th Legislature,
367-23 Regular Session, 1995; Section 2, Chapter 798, Acts of the 74th
367-24 Legislature, Regular Session, 1995; and Section 5, Chapter 885,
368-1 Acts of the 74th Legislature, Regular Session, 1995, are repealed.
368-2 SECTION 14.11. (a) Subchapter B, Chapter 531, Government
368-3 Code, is amended to conform to Section 1, Chapter 627, Acts of the
368-4 74th Legislature, Regular Session, 1995, by adding Section 531.042
368-5 to read as follows:
368-6 Sec. 531.042. COMMUNITY-BASED SERVICES INFORMATION; REPORTS.
368-7 (a) The commissioner by rule shall require each health and human
368-8 services agency to provide to each patient or client of the agency
368-9 information regarding community-based services appropriate to the
368-10 needs of the patient or client before the agency allows the patient
368-11 or client to be placed in a care setting to receive care or
368-12 services provided by the agency or by a person under an agreement
368-13 with the agency.
368-14 (b) The rules must require each health and human services
368-15 agency to provide information about all community-based long-term
368-16 care options and long-term support options available to the patient
368-17 or client, including options available through another agency or a
368-18 private provider. The information must be provided in a manner
368-19 designed to maximize the patient's or client's understanding of all
368-20 available options. If the patient or client has a guardian, the
368-21 information must also be provided to the guardian.
368-22 (c) A health and human services agency that provides a
368-23 patient, client, or guardian with information as provided by
368-24 commission rules shall obtain a statement signed by the patient or
369-1 client, and, if the patient or client has a guardian, by the
369-2 patient's or client's guardian, that the patient or client has been
369-3 informed about community-based care and support options as required
369-4 by commission rules. The agency shall retain a copy of each signed
369-5 statement in the patient's or client's case records.
369-6 (d) Each health and human services agency annually and as
369-7 provided by commission rule shall report to the commission the
369-8 number of community-based service placements and residential-care
369-9 placements the agency makes.
369-10 (b) Section 1, Chapter 627, Acts of the 74th Legislature,
369-11 Regular Session, 1995, is repealed.
369-12 SECTION 14.12. (a) Subchapter B, Chapter 531, Government
369-13 Code, is amended to conform to Section 1, Chapter 949, Acts of the
369-14 74th Legislature, Regular Session, 1995, by adding Section 531.043
369-15 to read as follows:
369-16 Sec. 531.043. LONG-TERM CARE VISION. (a) In conjunction
369-17 with the appropriate state agencies, the commissioner shall develop
369-18 a plan for access to individualized long-term care services for
369-19 persons with functional limitations or medical needs and their
369-20 families that assists those persons in achieving and maintaining
369-21 the greatest possible independence, autonomy, and quality of life.
369-22 (b) The guiding principles and goals of the plan focusing on
369-23 the individual and the individual's family must:
369-24 (1) recognize that it is the policy of this state that
370-1 children should grow up in families and that persons with
370-2 disabilities and elderly persons should live in the setting of
370-3 their choice; and
370-4 (2) ensure that persons needing assistance and their
370-5 families will have:
370-6 (A) the maximum possible control over their
370-7 services;
370-8 (B) a choice of a broad, comprehensive array of
370-9 services designed to meet individual needs; and
370-10 (C) the easiest possible access to appropriate
370-11 care and support, regardless of the area of the state in which they
370-12 live.
370-13 (c) The guiding principles and goals of the long-term care
370-14 plan focusing on services and delivery of those services by the
370-15 state must:
370-16 (1) emphasize the development of home-based and
370-17 community-based services and housing alternatives to complement the
370-18 long-term care services already in existence;
370-19 (2) ensure that services will be of the highest
370-20 possible quality, with a minimum amount of regulation, structure,
370-21 and complexity at the service level;
370-22 (3) recognize that maximum independence and autonomy
370-23 represent major goals, and with those comes a certain degree of
370-24 risk;
371-1 (4) maximize resources to the greatest extent
371-2 possible, with the consumer receiving only the services that the
371-3 consumer prefers and that are indicated by a functional assessment
371-4 of need; and
371-5 (5) structure the service delivery system to support
371-6 these goals, ensuring that any necessary complexity of the system
371-7 is at the administrative level rather than at the client level.
371-8 (d) The commission shall coordinate state services to ensure
371-9 that:
371-10 (1) the roles and responsibilities of the agencies
371-11 providing long-term care are clarified; and
371-12 (2) duplication of services and resources is
371-13 minimized.
371-14 (e) In this section, "long-term care" means the provision of
371-15 health care, personal care, and assistance related to health and
371-16 social services over a sustained period to people of all ages and
371-17 their families, regardless of the setting in which the care is
371-18 given.
371-19 (b) Section 1, Chapter 949, Acts of the 74th Legislature,
371-20 Regular Session, 1995, is repealed.
371-21 SECTION 14.13. (a) Subchapter B, Chapter 531, Government
371-22 Code, is amended to conform to Section 6.01(a), Chapter 655, Acts
371-23 of the 74th Legislature, Regular Session, 1995, by adding Section
371-24 531.044 to read as follows:
372-1 Sec. 531.044. AFDC RECIPIENTS ELIGIBLE FOR FEDERAL PROGRAMS.
372-2 (a) The commission shall assist recipients of financial assistance
372-3 under Chapter 31, Human Resources Code, who are eligible for
372-4 assistance under federal programs to apply for benefits under those
372-5 federal programs. The commission may delegate this responsibility
372-6 to a health and human service agency, contract with a unit of local
372-7 government, or use any other cost-effective method to assist
372-8 financial assistance recipients who are eligible for federal
372-9 programs.
372-10 (b) The commission shall organize a planning group involving
372-11 the Texas Department of Human Services, the Texas Education Agency,
372-12 and the Texas Rehabilitation Commission to:
372-13 (1) improve workload coordination between those
372-14 agencies as necessary to administer this section; and
372-15 (2) provide information and help train employees to
372-16 correctly screen applicants under this section as requested by the
372-17 commission.
372-18 (b) Section 6.01(a), Chapter 655, Acts of the 74th
372-19 Legislature, Regular Session, 1995, is repealed.
372-20 SECTION 14.14. (a) Subchapter B, Chapter 531, Government
372-21 Code, is amended to conform to Section 8.10, Chapter 655, Acts of
372-22 the 74th Legislature, Regular Session, 1995, by adding Section
372-23 531.045 to read as follows:
372-24 Sec. 531.045. INTERAGENCY TASK FORCE ON ELECTRONIC BENEFITS
373-1 TRANSFERS. (a) The interagency task force on electronic benefits
373-2 transfers shall advise and assist the commission in adding new
373-3 benefit programs to the statewide electronic benefits transfer
373-4 system.
373-5 (b) The task force is composed of:
373-6 (1) a representative of:
373-7 (A) the attorney general's office, appointed by
373-8 the attorney general;
373-9 (B) the comptroller's office, appointed by the
373-10 comptroller;
373-11 (C) the commission, appointed by the
373-12 commissioner;
373-13 (D) the Texas Department of Health, appointed by
373-14 the commissioner of public health;
373-15 (E) the Texas Department of Human Services,
373-16 appointed by the commissioner of human services;
373-17 (F) the Texas Workforce Commission, appointed by
373-18 the presiding officer of that agency; and
373-19 (G) the Texas Rehabilitation Commission,
373-20 appointed by the commissioner of that agency; and
373-21 (2) two representatives of each of the following
373-22 groups, appointed by the comptroller:
373-23 (A) retailers who maintain electronic benefits
373-24 transfer point-of-sale equipment;
374-1 (B) banks or owners of automatic teller
374-2 machines; and
374-3 (C) consumer or client advocacy organizations.
374-4 (c) A member of the task force serves at the will of the
374-5 appointing agency.
374-6 (d) The representative of the comptroller's office serves as
374-7 presiding officer. The task force may elect any other necessary
374-8 officers.
374-9 (e) The task force shall meet at the call of the presiding
374-10 officer.
374-11 (f) The appointing agency is responsible for the expenses of
374-12 a member's service on the task force. A member of the task force
374-13 is not entitled to additional compensation for serving on the task
374-14 force.
374-15 (g) The task force shall:
374-16 (1) serve as this state's counterpoint to the federal
374-17 electronic benefits transfer task force;
374-18 (2) identify benefit programs that merit addition to
374-19 this state's electronic benefits transfer system;
374-20 (3) identify and address problems that may occur if a
374-21 program is added;
374-22 (4) pursue state-federal partnerships to facilitate
374-23 the development and expansion of this state's electronic benefits
374-24 transfer system;
375-1 (5) track and distribute federal legislation and
375-2 information from other states that relate to electronic benefits
375-3 transfer systems;
375-4 (6) ensure efficiency and planning coordination in
375-5 relation to this state's electronic benefits transfer system;
375-6 (7) develop a plan using the experience and expertise
375-7 of the Department of Public Safety of the State of Texas for the
375-8 use of a photograph or other imaging technology on all electronic
375-9 benefits transfer cards and, if proven to be effective in reducing
375-10 fraud and misuse, begin using the new cards starting with
375-11 replacement cards for cards that were used in the program on June
375-12 13, 1995; and
375-13 (8) review current and potential fraud problems with
375-14 electronic benefits transfer and propose methods to prevent or
375-15 deter fraud.
375-16 (h) In determining which benefit programs can be added to
375-17 this state's electronic benefits transfer system, the task force
375-18 shall consider, at a minimum:
375-19 (1) the savings to this state;
375-20 (2) the ease of addition to existing infrastructure;
375-21 and
375-22 (3) the number of clients served.
375-23 (b) Section 8.10, Chapter 655, Acts of the 74th
375-24 Legislature, Regular Session, 1995, is repealed.
376-1 SECTION 14.15. (a) Subchapter B, Chapter 531, Government
376-2 Code, is amended to conform to Section 6.08(a), Chapter 655, Acts
376-3 of the 74th Legislature, Regular Session, 1995, by adding Section
376-4 531.046 to read as follows:
376-5 Sec. 531.046. FEDERAL FUNDING FOR CHEMICAL DEPENDENCY
376-6 SERVICES. The commission shall coordinate with the Texas
376-7 Commission on Alcohol and Drug Abuse and the Texas Department of
376-8 Human Services to amend the eligibility requirements of this
376-9 state's emergency assistance plan under Title IV-A, Social Security
376-10 Act (42 U.S.C. Section 601 et seq.), to include either a child or a
376-11 significant adult in a child's family who needs chemical dependency
376-12 treatment.
376-13 (b) Section 6.08(a), Chapter 655, Acts of the 74th
376-14 Legislature, Regular Session, 1995, is repealed.
376-15 SECTION 14.16. Chapter 531, Government Code, is amended to
376-16 conform to Section 1, Chapter 444, Acts of the 74th Legislature,
376-17 Regular Session, 1995, by adding Subchapter C to read as follows:
376-18 SUBCHAPTER C. MEDICAID FRAUD, MISUSE, OR OVERCHARGES
376-19 Sec. 531.101. AWARD FOR REPORTING MEDICAID FRAUD, MISUSE, OR
376-20 OVERCHARGES. (a) The commission may grant an award to an
376-21 individual who reports activity that constitutes fraud or misuse of
376-22 funds in the state Medicaid program or reports overcharges in the
376-23 program if the commission determines that the disclosure results in
376-24 the recovery of an overcharge or in the termination of the
377-1 fraudulent activity or misuse of funds.
377-2 (b) The commission shall determine the amount of an award.
377-3 The award must be equal to not less than 10 percent of the savings
377-4 to this state that result from the individual's disclosure. In
377-5 determining the amount of the award, the commission shall consider
377-6 how important the disclosure is in ensuring the fiscal integrity of
377-7 the program.
377-8 (c) An award under this section is subject to appropriation.
377-9 The award must be paid from money appropriated to or otherwise
377-10 available to the commission, and additional money may not be
377-11 appropriated to the commission for the purpose of paying the award.
377-12 (d) Payment of an award under this section from federal
377-13 funds is subject to the permissible use under federal law of funds
377-14 for this purpose.
377-15 SECTION 14.17. (a) Subtitle I, Title 4, Government Code, is
377-16 amended to conform to Sections 1 and 2, Chapter 444, Acts of the
377-17 74th Legislature, Regular Session, 1995, by adding Chapter 532 to
377-18 read as follows:
377-19 CHAPTER 532. MEDICAID MANAGED CARE DELIVERY SYSTEM
377-20 SUBCHAPTER A. GENERAL PROVISIONS
377-21 Sec. 532.001. DEFINITIONS. In this chapter:
377-22 (1) "Managed care organization" means a person who is
377-23 authorized or otherwise permitted by law to arrange for or provide
377-24 a managed care plan.
378-1 (2) "Managed care plan" means a plan under which a
378-2 person undertakes to provide, arrange for, pay for, or reimburse
378-3 any part of the cost of any health care services. A part of the
378-4 plan must consist of arranging for or providing health care
378-5 services as distinguished from indemnification against the cost of
378-6 those services on a prepaid basis through insurance or otherwise.
378-7 The term does not include a plan that indemnifies a person for the
378-8 cost of health care services through insurance.
378-9 (3) "Resources" means:
378-10 (A) for an entity listed in Section
378-11 532.104(a)(1), (2), (3), (7), (8), or (9) or Section 532.104(b),
378-12 tax or other public revenues spent on indigent health care; and
378-13 (B) for an entity listed in Section
378-14 532.104(a)(4), (5), or (6), the value of unsponsored charity care,
378-15 as described by the General Appropriations Act, provided by or on
378-16 behalf of that entity to indigent persons and general revenue or
378-17 other funds used for matching under the Medicaid disproportionate
378-18 share program.
378-19 (4) "Resources or other funds available for matching"
378-20 or "resources and other funds available for matching" means
378-21 resources and other funds made available by an entity listed in
378-22 Section 532.104 that the federal government has determined are
378-23 acceptable for matching under a waiver submitted to develop and
378-24 implement the health care delivery system developed under this
379-1 chapter.
379-2 Sec. 532.002. IMPLEMENTATION OF HEALTH CARE DELIVERY SYSTEM;
379-3 ENFORCEMENT. (a) In accordance with this subtitle and other
379-4 applicable state and federal statutes, the commission shall:
379-5 (1) implement a health care delivery system developed
379-6 under this chapter; and
379-7 (2) monitor compliance with, and take action as
379-8 necessary or appropriate, including the use of administrative
379-9 penalties, to enforce this chapter and related rules, federal
379-10 waivers, and orders and decisions of the commission.
379-11 (b) Except as prohibited by federal law, the commission and
379-12 the Texas Department of Insurance shall share confidential
379-13 information, including financial data, that relates to or affects a
379-14 person that may contract with the commission or an
379-15 intergovernmental initiative to carry out the purposes of this
379-16 chapter.
379-17 Sec. 532.003. RULES FOR HEALTH CARE DELIVERY SYSTEM. (a)
379-18 The commission shall adopt rules as necessary or appropriate to
379-19 carry out its functions under this chapter.
379-20 (b) The commissioner of insurance shall adopt rules as
379-21 necessary or appropriate to carry out functions of the Texas
379-22 Department of Insurance under Section 532.002 and Subchapter C.
379-23 (c) The commission may require a health and human services
379-24 agency that operates a part of the state Medicaid program to adopt,
380-1 with the approval of the commission, rules under Subsection (a) as
380-2 necessary or appropriate to implement this chapter.
380-3 Sec. 532.004. DELEGATION OF AUTHORITY. The commission may
380-4 delegate to a health and human services agency that operates a part
380-5 of the state Medicaid program the authority to exercise all or part
380-6 of the commission's functions, powers, and duties under Section
380-7 532.002 and Subchapters B and C.
380-8 (Sections 532.005-532.100 reserved for expansion
380-9 SUBCHAPTER B. MEDICAID DELIVERY SYSTEM
380-10 Sec. 532.101. MEDICAID HEALTH CARE DELIVERY SYSTEM. (a)
380-11 The commission shall develop a health care delivery system that
380-12 restructures the delivery of health care services provided under
380-13 the state Medicaid program.
380-14 (b) The commission shall develop the health care delivery
380-15 system only if the commission obtains a waiver or other
380-16 authorization from all necessary federal agencies to implement the
380-17 system.
380-18 Sec. 532.102. DESIGN AND DEVELOPMENT OF HEALTH CARE DELIVERY
380-19 SYSTEM. (a) In developing the health care delivery system under
380-20 this chapter, the commission shall:
380-21 (1) to the extent possible, design the system in a
380-22 manner that:
380-23 (A) improves the health of the people of this
380-24 state by:
381-1 (i) emphasizing prevention;
381-2 (ii) promoting continuity of care; and
381-3 (iii) providing a medical home for
381-4 Medicaid recipients; and
381-5 (B) ensures that each recipient can receive high
381-6 quality, comprehensive health care services in the recipient's
381-7 local community;
381-8 (2) design the system in a manner that enables this
381-9 state and the local governmental entities that make resources and
381-10 other funds available for matching to the commission under this
381-11 subchapter to control the costs associated with the state Medicaid
381-12 program and, to the extent possible, results in cost savings to
381-13 this state and those local governmental entities through health
381-14 care service delivery based on managed care;
381-15 (3) to the extent it is cost-effective to this state
381-16 and local governments:
381-17 (A) maximize the financing of the state Medicaid
381-18 program by obtaining federal matching funds for all resources and
381-19 other funds available for matching; and
381-20 (B) expand Medicaid eligibility to include
381-21 persons who were eligible to receive indigent health care services
381-22 through the use of those resources or other funds available for
381-23 matching before expansion of eligibility, with priority to
381-24 expanding eligibility to children and their families;
382-1 (4) to the extent possible, develop a plan to expand
382-2 Medicaid eligibility to include children and other persons, other
382-3 than those persons described by Subdivision (3), that is funded by
382-4 using:
382-5 (A) appropriations that have previously been
382-6 made to other agencies or other programs to provide related health
382-7 care services to those children and other persons;
382-8 (B) earned federal funds;
382-9 (C) contributions by those children or other
382-10 persons or their families; or
382-11 (D) resources or other funds available for
382-12 matching;
382-13 (5) design the system to ensure that if the system
382-14 includes a method to finance the state Medicaid program by
382-15 obtaining federal matching funds for resources and other funds
382-16 available for matching, each entity listed in Section
382-17 532.104(a)(1), (2), (3), (7), (8), or (9) or Section 532.104(b)
382-18 that makes those resources and other funds available receives funds
382-19 to provide health care services to persons who are eligible for
382-20 Medicaid under the expanded eligibility criteria developed under
382-21 Subdivision (3) or (4) in an amount that is at least equal to the
382-22 amount of resources or other funds available for matching provided
382-23 by that entity under this chapter;
382-24 (6) to the extent possible, provide for each entity
383-1 that makes resources and other funds available for matching under
383-2 this subchapter an option to operate the health care delivery
383-3 system in its region, including appropriate portions of the
383-4 eligibility determination process, subject to the standards of and
383-5 oversight by the commission;
383-6 (7) design the system to:
383-7 (A) include methods for ensuring accountability
383-8 to this state for the provision of health care services under the
383-9 state Medicaid program, including methods for financial reporting,
383-10 quality assurance, and utilization review;
383-11 (B) provide a single point of accountability for
383-12 collection of uniform data to assess, compile, and analyze outcome
383-13 quality and cost efficiency;
383-14 (C) conduct comparative analyses of compiled
383-15 data to assess the relative value of alternative health care
383-16 delivery systems and report to the governor, lieutenant governor,
383-17 and speaker of the house of representatives;
383-18 (D) oversee the procedures for setting
383-19 capitation and provider payment rates to ensure the cost-effective
383-20 provision of quality health care;
383-21 (E) ensure that both private and public health
383-22 care providers and managed care organizations, including a hospital
383-23 that has been designated as a disproportionate share hospital under
383-24 the state Medicaid program, have an opportunity to participate in
384-1 the system;
384-2 (F) ensure, in adopting rules implementing the
384-3 system, that in developing the provider network for the system, the
384-4 commission, each intergovernmental initiative, and each managed
384-5 care organization, as applicable, give extra consideration to a
384-6 health care provider who has traditionally provided care to
384-7 Medicaid and charity care patients;
384-8 (G) give extra consideration to providers who
384-9 agree to ensure continuity of care for Medicaid clients for 12
384-10 months beyond the period of eligibility; and
384-11 (H) require that the commission, each
384-12 intergovernmental initiative, and each managed care organization,
384-13 as applicable, include in its provider network, for not less than
384-14 three years, each health care provider who:
384-15 (i) previously provided care to Medicaid
384-16 and charity care patients at a significant level as prescribed by
384-17 the commission;
384-18 (ii) agrees to accept the standard
384-19 provider reimbursement rate of the commission, the
384-20 intergovernmental initiative, or the managed care organization, as
384-21 applicable;
384-22 (iii) meets the credentialing requirements
384-23 under the system of the commission, the intergovernmental
384-24 initiative, or the managed care organization, as applicable,
385-1 provided that lack of board certification or accreditation by the
385-2 Joint Commission on Accreditation of Healthcare Organizations may
385-3 not be the sole grounds for exclusion from the provider network;
385-4 and
385-5 (iv) agrees to comply and does comply with
385-6 all of the terms of the standard provider agreement of the
385-7 commission, intergovernmental initiative, or managed care
385-8 organization, as applicable;
385-9 (8) design the system in a manner that, to the extent
385-10 possible, enables the state to manage care to lower the cost of
385-11 providing Medicaid services through the use of health care delivery
385-12 systems such as a primary care case management system, partially
385-13 capitated system, or fully capitated system or a combination of one
385-14 or more of those systems and use, if possible, multiple, competing
385-15 managed care organizations in those systems;
385-16 (9) design the system in a manner that enables the
385-17 state to:
385-18 (A) use different types of health care delivery
385-19 systems to meet the needs of different populations, including the
385-20 establishment of pilot programs to deliver health care services to
385-21 children with special health care needs;
385-22 (B) recognize the unique role of rural
385-23 hospitals, physicians, home and community support services
385-24 agencies, and other rural health care providers in providing access
386-1 to health care services for persons who live in rural areas of this
386-2 state; and
386-3 (C) review data from existing or new pilot
386-4 programs that cover all prescription drugs that are medically
386-5 indicated for a person by a licensed health care provider in
386-6 primary and preventive care and implement any changes in the state
386-7 Medicaid program that as a result of the review are determined to
386-8 be cost-effective and cost-neutral;
386-9 (10) establish geographic health care service regions
386-10 after consulting with local governmental entities that provide
386-11 resources or other funds available for matching under this section
386-12 and emphasize regional coordination in the provision of indigent
386-13 health care;
386-14 (11) simplify eligibility criteria and streamline
386-15 eligibility determination processes;
386-16 (12) to the extent possible, provide a one-stop
386-17 approach for client information and referral for managed care
386-18 services;
386-19 (13) to the extent possible, design the system in a
386-20 manner that encourages the training of and access to primary care
386-21 physicians;
386-22 (14) develop and prepare, after consulting with the
386-23 following entities, the waiver or other documents necessary to
386-24 obtain federal authorization for the system:
387-1 (A) governmental entities that provide health
387-2 care services and assistance to indigent persons in this state;
387-3 (B) consumer representatives;
387-4 (C) managed care organizations; and
387-5 (D) health care providers;
387-6 (15) design the system to ensure that if the system
387-7 includes a method to finance the state Medicaid program by
387-8 obtaining federal matching funds for resources and other funds
387-9 available for matching, an amount not to exceed $20 million a year
387-10 must be dedicated under the system as prescribed in the waiver for
387-11 special payments to rural hospitals that:
387-12 (A) are sole community providers and provide a
387-13 significant amount of care to Medicaid and charity care patients as
387-14 prescribed by the commission; and
387-15 (B) are located in a county in which the county,
387-16 or another entity located in the county and described by Section
387-17 532.104:
387-18 (i) has executed a matching funds
387-19 agreement with the commission under this subchapter; and
387-20 (ii) participates in an intergovernmental
387-21 initiative under Subchapter C with a county that is contiguous to
387-22 the county in which the rural hospital is located or with another
387-23 entity described by Section 532.104 that is located in the
387-24 contiguous county if the contiguous county or the entity located in
388-1 the contiguous county is one of the entities that forms an
388-2 intergovernmental initiative under Subchapter C;
388-3 (16) if necessary to ensure that all resources or
388-4 other funds available for matching are maximized in accordance with
388-5 Subdivision (3), design the system to ensure that an amount
388-6 determined by the commission is dedicated under the system as
388-7 prescribed in the waiver for special payments to hospitals that
388-8 provide at least 14,000 low-income patient days as determined by
388-9 the commission under the procedures used for determining
388-10 eligibility for the Medicaid disproportionate share program;
388-11 (17) design a cost-neutral system to provide for a
388-12 sliding scale copayment system for individuals who are above 100
388-13 percent of the federal poverty level;
388-14 (18) to the extent possible and subject to the
388-15 availability of funds, design a cost-neutral system to allow the
388-16 development of a buy-in program with sliding scale premiums for
388-17 Medicaid recipients who are leaving the program and have incomes
388-18 between 150 percent and 250 percent of the federal poverty level;
388-19 (19) design the system in a manner that, to the extent
388-20 possible, maintains administrative costs at a level not to exceed
388-21 five percent of the cost of the state Medicaid program; and
388-22 (20) develop and implement, in consultation with a
388-23 professional association representing 51 percent or more of the
388-24 licensed dentists in this state, a pilot program for child and
389-1 adult dental care that:
389-2 (A) is prevention-based;
389-3 (B) allows the choice of dentists to be at the
389-4 discretion of the eligible recipient, who chooses from a list of
389-5 qualified and participating providers or dental managed care
389-6 organizations; and
389-7 (C) explores the use of local funds spent on
389-8 dental health care in the period before June 13, 1995, as a method
389-9 for financing the state share of the pilot program.
389-10 (b) In determining what constitutes a significant level of
389-11 care provided to Medicaid and charity care patients for purposes of
389-12 Subsection (a)(7)(H)(i), the commission shall include in its
389-13 consideration:
389-14 (1) minimized disruption to existing physician-patient
389-15 relationships;
389-16 (2) access by a patient to quality health care
389-17 services in the patient's local community;
389-18 (3) the dollar amount of Medicaid care delivered by a
389-19 particular nonhospital provider in proportion to the dollar amount
389-20 of Medicaid care delivered by other similar nonhospital providers
389-21 in the same field of practice; and
389-22 (4) the level of Medicaid and charity care delivered
389-23 by a particular hospital, as measured under the Medicaid
389-24 disproportionate share program, in proportion to that delivered by
390-1 other hospitals.
390-2 Sec. 532.103. RESTRICTION ON USE OF GENERAL REVENUE FUNDS.
390-3 (a) If this state is authorized by the federal government to
390-4 expand the eligibility requirements for participation in the state
390-5 Medicaid program under the health care delivery system developed
390-6 under this chapter, the commission shall adopt procedures to ensure
390-7 that appropriations from the general revenue fund, including
390-8 accounts consolidated in the general revenue fund, may not be used
390-9 to provide health care services under the system to persons
390-10 described by Section 532.102(a)(3) or (4).
390-11 (b) Procedures adopted under Subsection (a) do not apply to:
390-12 (1) federal funds appropriated from the general
390-13 revenue fund;
390-14 (2) amounts local governmental entities make available
390-15 for matching under this section;
390-16 (3) appropriations from the general revenue fund to an
390-17 entity described by Section 532.104(a)(4), (5), or (6) to provide
390-18 indigent health care services;
390-19 (4) appropriations from the general revenue fund used
390-20 for matching under the Medicaid disproportionate share program; or
390-21 (5) appropriations from the general revenue fund to
390-22 provide health care services to children.
390-23 Sec. 532.104. MATCHING FUNDS: ENTITIES AFFECTED. (a) If
390-24 the health care delivery system developed under this chapter
391-1 includes a method to finance the state Medicaid program by
391-2 obtaining federal matching funds for resources and other funds
391-3 available for matching and if the commission has obtained federal
391-4 authorization to implement the system, the following entities, in
391-5 accordance with final, binding matching funds agreements executed
391-6 by those entities under Section 532.109, shall make resources
391-7 available for matching to the commission for use in implementing
391-8 the system:
391-9 (1) a hospital district created and established under
391-10 the authority of Sections 4 through 11, Article IX, Texas
391-11 Constitution;
391-12 (2) a hospital authority created and established under
391-13 Chapter 262 or 264, Health and Safety Code, that to some extent
391-14 uses resources for the provision of health care services to
391-15 indigent persons;
391-16 (3) a hospital owned and operated by a municipality,
391-17 county, or hospital authority and created under Chapter 262 or 264,
391-18 Health and Safety Code;
391-19 (4) a medical school operated by this state;
391-20 (5) a medical school that receives state funds under
391-21 Section 61.093, Education Code, or a chiropractic school that
391-22 receives state funds under the General Appropriations Act;
391-23 (6) a teaching hospital operated by The University of
391-24 Texas System;
392-1 (7) a county that provides health care services and
392-2 assistance to indigent residents of the county under Subchapter B,
392-3 Chapter 61, Health and Safety Code, if the commissioners court of
392-4 the county adopts a resolution requesting that the county
392-5 participate in the health care delivery system by executing a
392-6 matching funds agreement under Section 532.109;
392-7 (8) a governmental entity that provides funds to a
392-8 public hospital for the provision of health care services to
392-9 indigent persons under Section 61.062, Health and Safety Code;
392-10 (9) a county with a population of more than 400,000
392-11 that provides funds to a public hospital and that is not included
392-12 in the boundaries of a hospital district; and
392-13 (10) a hospital owned by a municipality and leased to
392-14 and operated by a nonprofit hospital for a public purpose, subject
392-15 to federal approval of matching funds from such an entity.
392-16 (b) In addition to the entities listed in Subsection (a),
392-17 the following entities may make resources available for matching to
392-18 the commission for use in implementing the health care delivery
392-19 system if the commission designs the system in a manner that
392-20 expands Medicaid eligibility to include some or all of the clients
392-21 of the entity who did not meet the eligibility requirements in
392-22 effect immediately before the Medicaid eligibility requirements
392-23 were expanded and to cover some or all of the health care services
392-24 provided by the entity to those clients:
393-1 (1) a local mental health authority or a local mental
393-2 retardation authority as defined by Section 531.002, Health and
393-3 Safety Code;
393-4 (2) a municipal or county health department; or
393-5 (3) any other governmental entity that provides health
393-6 care services to indigent persons.
393-7 Sec. 532.105. COMPUTATION OF AVAILABLE RESOURCES. The
393-8 amount of resources an entity makes available to the commission in
393-9 a fiscal year under Section 532.104 is computed by:
393-10 (1) adding the total amount of resources the entity
393-11 spent on or provided for indigent health care during the entity's
393-12 fiscal year ending in 1994; and
393-13 (2) subtracting from the amount computed under
393-14 Subdivision (1) the following adjustments:
393-15 (A) the amount of resources the entity spent on
393-16 or provided for health care services during the entity's fiscal
393-17 year ending in 1994 that were provided by the entity or on the
393-18 entity's behalf to indigent persons who would not have been
393-19 eligible to receive services under the eligibility criteria
393-20 developed under Section 532.102(a)(3);
393-21 (B) to the extent and while the commission
393-22 determines whether to continue the current Medicaid
393-23 disproportionate share program that was in operation on June 13,
393-24 1995, and before all the disproportionate share funds become part
394-1 of the health care delivery system developed under the waiver, the
394-2 estimate of the amount of resources, if any, the entity will
394-3 transfer in each fiscal year to the Texas Department of Health
394-4 under the Medicaid disproportionate share program; and
394-5 (C) any other necessary or equitable adjustment
394-6 as determined by the commission.
394-7 Sec. 532.106. ADDITIONAL RESOURCES AND OTHER FUNDS. (a)
394-8 The commission and the governing body of an entity that makes
394-9 resources available for matching to the commission under this
394-10 subchapter may agree that the entity may make available for
394-11 matching resources or other funds in addition to those amounts
394-12 computed under Section 532.105.
394-13 (b) Additional resources or funds may include an amount that
394-14 reflects the costs associated with the growth in the state Medicaid
394-15 program as estimated in a federal waiver application or other
394-16 federal authorization that is required to be submitted to implement
394-17 the health care delivery system.
394-18 (c) Additional amounts of resources or other funds made
394-19 available for matching by an entity under this section must be
394-20 contained in the final binding matching funds agreement executed by
394-21 the entity under Section 532.109.
394-22 Sec. 532.107. RULES FOR MATCHING RESOURCES. (a) The
394-23 commission by rule shall determine the manner in which an entity
394-24 described by Section 532.104 shall make resources available for
395-1 matching to the commission under this subchapter.
395-2 (b) If an intergovernmental initiative is formed under
395-3 Subchapter C, each entity listed under Section 532.104 that
395-4 participates in the intergovernmental initiative shall make its
395-5 resources available for matching to the commission by making its
395-6 resources available to the intergovernmental initiative, subject to
395-7 federal approval.
395-8 Sec. 532.108. MEMORANDUM OF UNDERSTANDING: MATCHING
395-9 RESOURCES AND OTHER FUNDS. (a) The commission shall prepare for
395-10 an entity that makes resources or other funds available for
395-11 matching to the commission under this subchapter a proposed
395-12 memorandum of understanding that states the amount of resources and
395-13 other funds available for matching the entity will make available
395-14 to the commission each year under Sections 532.105 and 532.106.
395-15 (b) A memorandum of understanding serves as the basis for
395-16 the negotiation of a final binding agreement called a "matching
395-17 funds agreement" between the governing body of the entity, the
395-18 commissioners court, if applicable, and the commission.
395-19 (c) If an entity under Subsection (a) is a hospital district
395-20 the tax rate for which is set by the commissioners court of a
395-21 county in which the hospital district is located, the commissioners
395-22 court must also agree to the amount of resources or other funds
395-23 available for matching made available by the hospital district
395-24 under Sections 532.105 and 532.106.
396-1 Sec. 532.109. MATCHING FUNDS AGREEMENT. (a) A matching
396-2 funds agreement for an entity that makes resources or other funds
396-3 available for matching to the commission under this subchapter must
396-4 include for each year the agreement is in effect:
396-5 (1) a statement of the amount of resources or other
396-6 funds available for matching the entity agrees to make available to
396-7 the commission under Sections 532.105 and 532.106 to provide health
396-8 care services to eligible individuals described by the commission
396-9 in the waiver application that a federal agency may require to
396-10 implement the health care delivery system;
396-11 (2) an estimate of the cost of providing services to
396-12 eligible individuals described by Subdivision (1) by category and
396-13 by income level;
396-14 (3) an estimate of the number of eligible individuals
396-15 described by Subdivision (1) who are being served, by category and
396-16 by income level;
396-17 (4) a description of the scope of services to be
396-18 provided to eligible individuals described by Subdivision (1);
396-19 (5) a provision stating the requirement prescribed by
396-20 Section 532.102(a)(5);
396-21 (6) a provision stating that if the federal Health
396-22 Care Financing Administration and the commission modify the waiver
396-23 application submitted by the commission to implement the health
396-24 care delivery system with respect to financing, eligibility
397-1 criteria, or scope of services, the commission or an entity that
397-2 executes a matching funds agreement may request renegotiation or
397-3 modification of the terms of the agreement and the other party
397-4 shall make a good faith effort to renegotiate or modify the terms
397-5 of the agreement;
397-6 (7) a provision stating that if substantial changes in
397-7 the financing, eligibility criteria, or scope of services provided
397-8 to eligible individuals described by Subdivision (1) are mandated
397-9 by federal or state law, the commission and an entity that executes
397-10 a matching funds agreement may mutually agree to modify the
397-11 agreement; and
397-12 (8) other information the commission may require.
397-13 (b) The expiration date of the matching funds agreement must
397-14 be the same date as the expiration date of a waiver authorizing the
397-15 implementation of the health care delivery system developed under
397-16 this chapter.
397-17 (c) If a party to the matching funds agreement is an entity
397-18 located in a metropolitan statistical area as defined by the United
397-19 States Office of Management and Budget on June 13, 1995, the
397-20 matching funds agreement must be executed by the entity and
397-21 commission before the commission submits a waiver application that
397-22 a federal agency may require to implement the health care delivery
397-23 system unless the commission determines to extend the agreement due
397-24 date for an entity because of extraordinary circumstances.
398-1 (d) A matching funds agreement entered into by the
398-2 commission and an entity located outside a metropolitan statistical
398-3 area may be executed after the waiver application is approved. The
398-4 commission by rule shall determine the time by which the matching
398-5 funds agreement of such an entity must be executed by that entity
398-6 and the commission.
398-7 Sec. 532.110. COUNTY'S LIABILITY FOR INDIGENT HEALTH CARE.
398-8 The liability of a county described by Section 532.104(a)(7) for
398-9 health care services and assistance under Subchapter B, Chapter 61,
398-10 Health and Safety Code, is not affected by this subchapter.
398-11 Sec. 532.111. RULES FOR SPECIAL PAYMENTS TO RURAL HOSPITALS.
398-12 The commission by rule shall develop a procedure for the
398-13 distribution of special payments that may be made to a rural
398-14 hospital under Section 532.102(a)(15).
398-15 (Sections 532.112-532.200 reserved for expansion
398-16 SUBCHAPTER C. INTERGOVERNMENTAL INITIATIVES
398-17 Sec. 532.201. FORMATION OF INTERGOVERNMENTAL INITIATIVES.
398-18 (a) If a health care delivery system developed under this chapter
398-19 includes a method to finance the state Medicaid program by
398-20 obtaining federal matching funds for local and state resources
398-21 spent on or provided for indigent health care, one or more of the
398-22 entities listed in Section 532.104 that make resources or other
398-23 funds available for matching under a matching funds agreement may
398-24 form an intergovernmental initiative to operate the health care
399-1 delivery system in a geographical area in accordance with this
399-2 subchapter.
399-3 (b) An intergovernmental initiative formed under this
399-4 section may serve more than one county. A county may not be served
399-5 by more than one intergovernmental initiative.
399-6 (c) The commission, with the consent of each entity that
399-7 forms the intergovernmental initiative, may modify the geographical
399-8 area the intergovernmental initiative serves to:
399-9 (1) promote client access to health care services and
399-10 continuity of care; and
399-11 (2) move toward full regionalization of the health
399-12 care delivery system.
399-13 (d) An intergovernmental initiative must be formed as:
399-14 (1) a nonprofit corporation under the Texas Non-Profit
399-15 Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil
399-16 Statutes); or
399-17 (2) any other nonstock, nonprofit entity that is
399-18 approved by the commission.
399-19 (e) An intergovernmental initiative formed under this
399-20 section is a governmental unit for purposes of Chapter 101, Civil
399-21 Practice and Remedies Code.
399-22 Sec. 532.202. DUTIES OF INTERGOVERNMENTAL INITIATIVE. An
399-23 intergovernmental initiative formed under this subchapter shall:
399-24 (1) operate the health care delivery system developed
400-1 under this chapter in the geographical area described by the health
400-2 care delivery plan agreement of the intergovernmental initiative
400-3 subject to the standards of and oversight by the commission and the
400-4 standards and oversight requirements contained in:
400-5 (A) applicable state and federal statutes and
400-6 rules;
400-7 (B) federal waivers or other federal
400-8 authorizations required to implement the health care delivery
400-9 system; and
400-10 (C) the health care delivery plan agreement
400-11 executed under this subchapter by the entities forming the
400-12 intergovernmental initiative;
400-13 (2) perform the functions in operating the health care
400-14 delivery system that are prescribed by the health care delivery
400-15 plan agreement executed by the entities forming the
400-16 intergovernmental initiative and the commission;
400-17 (3) if applicable, make supplemental payments as
400-18 necessary to entities that make resources and other funds available
400-19 for matching to the intergovernmental initiative under Subchapter B
400-20 to satisfy the purpose of Section 532.102(a)(5) and Section
400-21 532.210(9);
400-22 (4) to the extent possible, manage care to lower the
400-23 cost of providing Medicaid services through the use of health care
400-24 delivery systems such as a primary care case management system,
401-1 partially capitated system, or fully capitated system or a
401-2 combination of one or more of those systems and use, if possible,
401-3 multiple, competing managed care organizations within those
401-4 systems;
401-5 (5) comply with Chapter 551; and
401-6 (6) use any savings that accrue to the
401-7 intergovernmental initiative or the entities that form the
401-8 intergovernmental initiative through operation of the health care
401-9 delivery plan agreement solely to deliver and provide health care
401-10 to indigent persons.
401-11 Sec. 532.203. GOVERNANCE. An intergovernmental initiative
401-12 formed under this subchapter shall be governed as provided by
401-13 Sections 532.204-532.206.
401-14 Sec. 532.204. EXECUTIVE COMMITTEE; MEMBERS AND DUTIES. (a)
401-15 Each intergovernmental initiative has an executive committee
401-16 composed of representatives of each of the entities that formed the
401-17 intergovernmental initiative.
401-18 (b) If more than one entity forms an intergovernmental
401-19 initiative, the entities shall share governance of the executive
401-20 committee in proportion to the amount of resources and other funds
401-21 they make available for matching under the matching funds
401-22 agreement.
401-23 (c) The executive committee has exclusive authority to
401-24 manage the public funds of the intergovernmental initiative,
402-1 including the authority to determine how those funds will be used
402-2 in accordance with this subchapter and other applicable law.
402-3 Sec. 532.205. GOVERNING BOARD. (a) The governing board of
402-4 an intergovernmental initiative is composed of the executive
402-5 committee and other persons appointed by the executive committee as
402-6 prescribed by Subsection (b).
402-7 (b) The executive committee shall appoint to the governing
402-8 board of the intergovernmental initiative at least one person that
402-9 represents each of the following groups located in the geographical
402-10 area the intergovernmental initiative serves:
402-11 (1) clients of the intergovernmental initiative;
402-12 (2) a children's hospital or, if there is not a
402-13 children's hospital located in the geographical area served by the
402-14 intergovernmental initiative, the program director of an approved
402-15 family practice residency training program as defined by Section
402-16 61.501, Education Code;
402-17 (3) physicians or other individual health care
402-18 providers;
402-19 (4) a nonprofit hospital;
402-20 (5) a for-profit hospital;
402-21 (6) a managed care organization that is licensed by
402-22 the Texas Department of Insurance;
402-23 (7) each hospital, whether public or private, that
402-24 provided during the state fiscal year ending August 31, 1995, at
403-1 least 14,000 low-income days of care as determined by the Texas
403-2 Department of Health for purposes of determining eligibility for
403-3 the Medicaid disproportionate share program or at least 14,000
403-4 low-income days of care during the state fiscal year preceding the
403-5 date of appointment as determined by the commission, as applicable;
403-6 and
403-7 (8) a rural hospital that received payments under the
403-8 Medicaid disproportionate share program during the hospital's
403-9 fiscal year preceding the date of appointment.
403-10 (c) A person appointed to the governing board by the
403-11 executive committee under Subsection (b) may be appointed as a
403-12 representative of more than one group listed in that subsection.
403-13 If a group listed in that subsection is not located in the
403-14 geographical area served by the intergovernmental initiative, the
403-15 executive committee is not required to appoint a representative of
403-16 that group to the governing board.
403-17 (d) It is a ground for removal from the governing board if
403-18 the group a member represents does not maintain during service on
403-19 the governing board the qualifications required for inclusion on
403-20 the board under this section.
403-21 (e) Representation on the governing board and the manner in
403-22 which votes are apportioned among members of the governing board
403-23 who are not members of the executive committee shall be based
403-24 primarily on the relative level of Medicaid and charity care
404-1 services, as defined by Section 311.031, Health and Safety Code,
404-2 that are provided by those nonexecutive committee members of the
404-3 governing board during the two years preceding the date of the
404-4 appointment to the governing board.
404-5 (f) Notwithstanding Subsection (e), the executive committee
404-6 must have at least 51 percent of the voting rights on the governing
404-7 board. The votes of the executive committee must be apportioned in
404-8 the manner described by Section 532.204(b).
404-9 (g) The governing board of an intergovernmental initiative
404-10 shall address health care delivery system issues for the
404-11 intergovernmental initiative, including the preparation and
404-12 negotiation of the proposed health care delivery plan for the
404-13 intergovernmental initiative under Section 532.208.
404-14 Sec. 532.206. COMMISSIONERS COURT APPROVAL. (a) If an
404-15 intergovernmental initiative formed under this subchapter includes
404-16 a hospital district the tax rate for which is set by the
404-17 commissioners court of a county in the hospital district, the
404-18 commissioners court of that county must also agree to the structure
404-19 of governance of the intergovernmental initiative within the
404-20 requirements of this subchapter.
404-21 (b) The commissioners court shall take action required under
404-22 this section not later than the date on which the health care
404-23 delivery plan agreement for the intergovernmental initiative is
404-24 considered approved or is rejected by the commissioners court under
405-1 Section 532.212.
405-2 Sec. 532.207. LETTER OF INTENT. (a) Not later than the
405-3 60th day after the date the commission submits to the federal
405-4 government an application for a waiver or other authorization
405-5 required to implement the health care delivery system developed
405-6 under this chapter, the entities listed in Section 532.104 that
405-7 have executed a matching funds agreement under Section 532.109(c)
405-8 or (d) and that intend to form an intergovernmental initiative
405-9 shall submit to the commission a letter of intent to form the
405-10 intergovernmental initiative.
405-11 (b) Notwithstanding Subsection (a), if all of the entities
405-12 that intend to form an intergovernmental initiative are located
405-13 outside a metropolitan statistical area, the commission by rule
405-14 shall determine the time by which those entities must submit to the
405-15 commission a letter of intent to form the intergovernmental
405-16 initiative.
405-17 (c) A letter of intent must include any information required
405-18 by the commission, including at a minimum the names and addresses
405-19 of the entities that intend to form the intergovernmental
405-20 initiative and the geographical area to be served by the
405-21 intergovernmental initiative.
405-22 (d) A letter of intent is not binding on the entities or the
405-23 commission and only serves to inform the commission of the areas of
405-24 this state that intend to be part of an intergovernmental
406-1 initiative.
406-2 Sec. 532.208. PROPOSED HEALTH CARE DELIVERY PLAN. (a)
406-3 Within the time specified by the commission after the date the
406-4 federal government approves a waiver or gives federal authorization
406-5 required to implement the health care delivery system developed
406-6 under this chapter, the entities that have submitted a letter of
406-7 intent to form an intergovernmental initiative under this
406-8 subchapter shall jointly submit to the commission a proposed health
406-9 care delivery plan that contains the information required by the
406-10 commission.
406-11 (b) A proposed health care delivery plan serves as the basis
406-12 for negotiation of a final binding agreement called a "health care
406-13 delivery plan agreement" between the entities and the commission
406-14 and is not binding on the entities or the commission.
406-15 (c) The commission by rule shall set a reasonable date by
406-16 which the entities must submit and negotiate the proposed health
406-17 care delivery plan. The date must be based on the schedule in the
406-18 waiver developed by the commission for phasing in the health care
406-19 delivery system statewide.
406-20 (d) A negotiated health care delivery plan agreement takes
406-21 effect as provided by the terms of the agreement unless rejected by
406-22 a commissioners court as provided by Section 532.212.
406-23 Sec. 532.209. RULES REGARDING PLAN AGREEMENT. (a) The
406-24 commission shall adopt rules regarding the health care delivery
407-1 plan agreement and requiring an intergovernmental initiative to
407-2 seek public input in the development and provisions of the health
407-3 care delivery plan agreement of the intergovernmental initiative.
407-4 (b) The commission shall develop a model plan agreement that
407-5 includes the minimum requirements established by rule for a health
407-6 care delivery plan agreement.
407-7 Sec. 532.210. MINIMUM REQUIREMENTS OF PLAN AGREEMENT. The
407-8 minimum requirements of a health care delivery plan agreement must
407-9 include:
407-10 (1) compliance with uniform criteria that are set in
407-11 the waiver described by Section 532.208 for establishing
407-12 eligibility for persons receiving services under the plan;
407-13 (2) compliance with a uniform description and
407-14 provision of services that is set in the waiver for persons covered
407-15 by the health care delivery plan;
407-16 (3) the assurance that, to the extent possible,
407-17 payments made to the intergovernmental initiative on a capitated
407-18 basis consider the geographic, risk-adjusted cost of providing care
407-19 to persons eligible for Medicaid;
407-20 (4) the development of a sufficient provider network
407-21 to ensure adequate access to quality health care services
407-22 consistent with the waiver and any standards prescribed by the
407-23 federal Health Care Financing Administration or the commission,
407-24 including standards relating to travel time and distance that are
408-1 designed to ensure access by patients to health care providers in
408-2 the patient's local community;
408-3 (5) the development and operation by each
408-4 intergovernmental initiative, managed care organization, and
408-5 provider that participates in the health care delivery system of
408-6 policies regarding financial management, quality assurance,
408-7 utilization review, and patient access in accordance with standards
408-8 consistent with the waiver and any standards prescribed by the
408-9 federal Health Care Financing Administration or the commission;
408-10 (6) the opportunity for participation of public and
408-11 private managed care organizations and providers in the health care
408-12 delivery system in accordance with standards established by the
408-13 commission, including provisions relating to:
408-14 (A) a procedure in the geographic service area
408-15 of an intergovernmental initiative for selection of participating
408-16 managed care organizations and providers, that must provide added
408-17 weight for additional services of value to the state such as a
408-18 continuum of care for Medicaid and charity care patients, trauma,
408-19 Level I emergency services, neonatal intensive care, medical
408-20 education, or other specialty services;
408-21 (B) a procedure in the geographic service area
408-22 of an intergovernmental initiative for establishing capitation
408-23 rates and provider payment rates, which rates may be supplemented
408-24 in exchange for the provision of specified additional services; and
409-1 (C) a procedure in the geographic service area
409-2 of an intergovernmental initiative to ensure recipients have the
409-3 choice of multiple managed care organizations if possible and
409-4 multiple providers;
409-5 (7) maintenance of adequate stop-loss coverage of the
409-6 intergovernmental initiative or any managed care organization under
409-7 contract with the intergovernmental initiative, including
409-8 provisions to ensure that adequate stop-loss coverage is available;
409-9 (8) phasing in operation of the health care delivery
409-10 system, as appropriate to the area served by the intergovernmental
409-11 initiative, in accordance with any waiver application approval or
409-12 other federal authorization to implement the health care delivery
409-13 system, which may include provisions that include methods, such as
409-14 reserve funds, for phasing disproportionate share funds into
409-15 financing the system under the waiver;
409-16 (9) ensuring that the amount of funds each
409-17 participating entity listed in Section 532.104(a)(1), (2), (3),
409-18 (7), (8), or (9) or Section 532.104(b) receives to provide Medicaid
409-19 health care services to persons who are eligible for Medicaid as a
409-20 result of the expanded eligibility criteria developed under Section
409-21 532.102(a)(3) or (4) is at least equal to the amount of resources
409-22 and other funds made available for matching to the commission by
409-23 the entity;
409-24 (10) notice to health care providers of the procedures
410-1 used by the intergovernmental initiative or any managed care
410-2 organization under contract with the intergovernmental initiative
410-3 to solicit bids for the delivery of services by health care
410-4 providers;
410-5 (11) grievance and appeal procedures for persons who
410-6 are denied services or have a complaint regarding the quality of
410-7 services under the health care delivery plan;
410-8 (12) grievance and appeal procedures for health care
410-9 providers who are denied participation in the health care delivery
410-10 plan or who want to appeal the:
410-11 (A) computation of payment rates under the plan;
410-12 (B) denial or reduction of supplemental payment
410-13 amounts; or
410-14 (C) denial or reduction of payment for services
410-15 provided or to be provided under the plan; and
410-16 (13) procedures for transactions made or contracts
410-17 entered into under the health care delivery plan agreement that
410-18 involve conflicts of interest, including procedures that:
410-19 (A) require members of an intergovernmental
410-20 initiative's governing board to disclose any financial or other
410-21 interest in entities with which the intergovernmental initiative
410-22 contracts;
410-23 (B) ensure compliance with the requirements
410-24 prescribed by Article 2.30, Texas Non-Profit Corporation Act
411-1 (Article 1396-2.30, Vernon's Texas Civil Statutes), and any other
411-2 applicable law; and
411-3 (C) at a minimum apply to a contract or
411-4 transaction between:
411-5 (i) an intergovernmental initiative and
411-6 one or more of the members of the intergovernmental initiative's
411-7 governing board;
411-8 (ii) an intergovernmental initiative and a
411-9 business entity in which one or more members of the
411-10 intergovernmental initiative's governing board are directors or
411-11 officers or have a financial interest; or
411-12 (iii) an intergovernmental initiative and
411-13 a business entity listed in Section 532.205(b) that is represented
411-14 on the intergovernmental initiative's governing board.
411-15 Sec. 532.211. COMMISSION APPROVAL OF PLAN AGREEMENT. (a)
411-16 Before an intergovernmental initiative may operate the health care
411-17 delivery system developed under this chapter in accordance with the
411-18 health care delivery plan agreement, the commission must approve,
411-19 after notice and a public hearing held in the geographic service
411-20 area, the plan agreement, the structure of governance within the
411-21 requirements of Sections 532.204-532.206, and the geographic
411-22 service area of the intergovernmental initiative.
411-23 (b) The criteria on which the commission bases its decision
411-24 to approve a health care delivery plan agreement must include:
412-1 (1) the cost-effectiveness of the health care delivery
412-2 plan;
412-3 (2) the opportunity for public and private managed
412-4 care organizations and providers to participate in the health care
412-5 delivery plan;
412-6 (3) access to quality health care services;
412-7 (4) any savings to this state; and
412-8 (5) whether the plan agreement contains the minimum
412-9 requirements prescribed by Section 532.210.
412-10 Sec. 532.212. COMMISSIONERS COURT APPROVAL OF PLAN
412-11 AGREEMENT. (a) If an intergovernmental initiative formed under
412-12 this subchapter includes a hospital district the tax rate for which
412-13 is set by the commissioners court of a county in which the hospital
412-14 district is located, the intergovernmental initiative shall file
412-15 the negotiated health care delivery plan agreement with the
412-16 commissioners court.
412-17 (b) A negotiated agreement is considered approved by the
412-18 commissioners court on the 30th day after the date on which the
412-19 intergovernmental initiative files the negotiated agreement unless
412-20 before the end of that 30-day period the commissioners court adopts
412-21 a resolution rejecting the negotiated agreement.
412-22 (c) The commissioners court may adopt a resolution to
412-23 delegate the authority to reject the negotiated health care
412-24 delivery plan agreement to the board of directors of the hospital
413-1 district.
413-2 Sec. 532.213. WAIVERS. (a) The health care delivery plan
413-3 agreement for an intergovernmental initiative must be completed
413-4 before the commission implements an approved waiver in the area
413-5 covered by the intergovernmental initiative.
413-6 (b) If an approved waiver is terminated, the
413-7 intergovernmental initiative or commission is entitled to terminate
413-8 the health care delivery plan agreement. If the waiver is modified
413-9 in a manner that affects the provision of services in the area
413-10 covered by the health care delivery plan agreement, the
413-11 intergovernmental initiative or the commission may request
413-12 renegotiation and modification of the plan agreement, and the other
413-13 party shall make a good faith effort to renegotiate and modify the
413-14 agreement.
413-15 Sec. 532.214. CONTRACTUAL POWER. (a) An intergovernmental
413-16 initiative formed under this subchapter may contract with any
413-17 public or private person to perform any of the intergovernmental
413-18 initiative's powers or duties.
413-19 (b) The entities that form the intergovernmental initiative
413-20 may contract, collaborate, or enter into a joint venture with other
413-21 persons as necessary or appropriate to form or carry out the
413-22 functions of or provide services to the intergovernmental
413-23 initiative.
413-24 (c) A contract, collaborative arrangement, or joint venture
414-1 entered into under this section by an entity that forms an
414-2 intergovernmental initiative is subject to the standards of and
414-3 oversight by the commission as authorized under this chapter.
414-4 Sec. 532.215. CONTRACT WITH MANAGED CARE ORGANIZATION. (a)
414-5 The intergovernmental initiative shall determine the managed care
414-6 organizations with which the intergovernmental initiative may
414-7 contract under the plan agreement.
414-8 (b) A contract entered into between an intergovernmental
414-9 initiative and a managed care organization under this chapter must
414-10 comply with federal requirements and the standards adopted under
414-11 this subchapter.
414-12 Sec. 532.216. CONTRACTING MANAGED CARE ORGANIZATION:
414-13 REQUIREMENTS. (a) A managed care organization that contracts with
414-14 the commission or with an intergovernmental initiative to provide
414-15 or arrange to provide health care benefits or services to Medicaid
414-16 eligible individuals must:
414-17 (1) be a health maintenance organization that holds a
414-18 certificate of authority to operate under the Texas Health
414-19 Maintenance Organization Act (Article 20A.01 et seq., Vernon's
414-20 Texas Insurance Code); or
414-21 (2) be regulated by the Texas Department of Insurance
414-22 in a manner determined by the department to be substantially
414-23 similar in all material aspects to the manner in which the
414-24 department regulates health maintenance organizations.
415-1 (b) If a managed care organization that contracts with the
415-2 commission or with an intergovernmental initiative to provide or
415-3 arrange to provide health care benefits or services to Medicaid
415-4 eligible individuals is not certified or regulated under Subsection
415-5 (a), the organization must:
415-6 (1) demonstrate to the satisfaction of the Texas
415-7 Department of Insurance that the managed care organization has
415-8 obtained insurance or other protection through an insurance company
415-9 licensed under the Insurance Code to guaranty the cost of health
415-10 care benefits or services to be provided by the managed care
415-11 organization and to provide coverage in the event of failure of the
415-12 managed care organization to meet its obligation under the
415-13 contract; and
415-14 (2) satisfy federal law and regulations relating to
415-15 minimum solvency requirements applicable to entities or persons
415-16 contracting under the state Medicaid program.
415-17 (c) Subsections (a) and (b) do not affect the requirement
415-18 that any person subject to Section 26(f)(2), Texas Health
415-19 Maintenance Organization Act (Article 20A.26, Vernon's Texas
415-20 Insurance Code), obtain a certificate of authority from the
415-21 commissioner of insurance. A state agency or intergovernmental
415-22 initiative may not contract with a person subject to Section
415-23 26(f)(2), Texas Health Maintenance Organization Act (Article
415-24 20A.26, Vernon's Texas Insurance Code), unless that person holds a
416-1 certificate of authority from the commissioner of insurance.
416-2 Sec. 532.217. COMMISSION REVIEW OF CONTRACT. (a) Not later
416-3 than the 30th day after the date on which a contract described by
416-4 Section 532.215 is executed, the intergovernmental initiative shall
416-5 submit the contract to the commission for review to ensure that the
416-6 contract complies with federal requirements and the standards
416-7 adopted under this subchapter.
416-8 (b) The commission on review may require the
416-9 intergovernmental initiative to modify the contract to comply with
416-10 federal requirements and state standards.
416-11 Sec. 532.218. EXEMPTION FROM OTHER LAWS. An
416-12 intergovernmental initiative that operates a health care delivery
416-13 system in accordance with an approved health care delivery plan
416-14 agreement is exempt from the Texas Health Maintenance Organization
416-15 Act (Article 20A.01 et seq., Vernon's Texas Insurance Code) and
416-16 Articles 21.07-6 and 21.58A, Insurance Code, to the extent that the
416-17 intergovernmental initiative:
416-18 (1) contracts to purchase services to operate the
416-19 health care delivery system through a managed care organization
416-20 that:
416-21 (A) is a health maintenance organization that
416-22 holds a certificate of authority to operate under the Texas Health
416-23 Maintenance Organization Act (Article 20A.01 et seq., Vernon's
416-24 Texas Insurance Code);
417-1 (B) is regulated by the Texas Department of
417-2 Insurance in a manner determined by the department to be
417-3 substantially similar in all material aspects to the manner in
417-4 which the department regulates health maintenance organizations; or
417-5 (C) is qualified under the following by:
417-6 (i) demonstrating to the satisfaction of
417-7 the Texas Department of Insurance that the managed care
417-8 organization has obtained insurance or other protection through an
417-9 insurance company licensed under the Insurance Code to guaranty the
417-10 cost of health care benefits or services to be provided by that
417-11 managed care organization and to provide coverage if the managed
417-12 care organization fails to meet its obligation under the contract;
417-13 and
417-14 (ii) satisfying federal law and
417-15 regulations relating to minimum solvency requirements applicable to
417-16 entities or persons contracting under the state Medicaid program;
417-17 or
417-18 (2) receives capitated payments from the commission
417-19 under this chapter.
417-20 Sec. 532.219. MEDICAID PAYMENT RATES. The commission may
417-21 allow rates for services for Medicaid eligible individuals to be
417-22 established for categories of Medicaid eligible individuals based
417-23 on health status and other risk factors, including age and sex.
417-24 Sec. 532.220. COMMISSION IMPLEMENTED PLAN. (a) The
418-1 commission shall implement the health care delivery system
418-2 developed under this chapter in a geographical area for which the
418-3 commission did not receive a letter of intent to form an
418-4 intergovernmental initiative or that is not covered by a health
418-5 care delivery plan agreement that has become final and binding by
418-6 the date specified by the commission under Section 532.208.
418-7 (b) In performing its functions under this section, the
418-8 commission is exempt from the Texas Health Maintenance Organization
418-9 Act (Article 20A.01 et seq., Vernon's Texas Insurance Code) and
418-10 Articles 21.07-6 and 21.58A, Insurance Code.
418-11 (Sections 532.221-532.300 reserved for expansion
418-12 SUBCHAPTER D. MISCELLANEOUS PROVISIONS
418-13 Sec. 532.301. CONFLICT WITH OTHER LAW. To the extent
418-14 Subchapters A-C conflict with any other state law, Subchapters A-C
418-15 control.
418-16 Sec. 532.302. EXPIRATION. This chapter expires September 1,
418-17 2001.
418-18 (b) Sections 1 and 2, Chapter 444, Acts of the 74th
418-19 Legislature, Regular Session, 1995, are repealed.
418-20 SECTION 14.18. Section 531.009(f), Government Code, is
418-21 repealed to conform to Section 23(2), Chapter 693, Acts of the 74th
418-22 Legislature, Regular Session, 1995.
419-1 ARTICLE 15. CHANGES RELATING TO PUBLIC OFFICERS AND
419-2 EMPLOYEES TITLE, GOVERNMENT CODE
419-3 SECTION 15.01. Section 659.151(a), Government Code, is
419-4 amended to more accurately reflect the source law from which it was
419-5 derived, which was codified and repealed by Section 5.17, Chapter
419-6 76, Acts of the 74th Legislature, Regular Session, 1995, to read as
419-7 follows:
419-8 (a) The state policy committee may request the comptroller
419-9 or state auditor to audit a participating charitable organization,
419-10 a campaign manager, or a local employee committee that the state
419-11 policy committee reasonably believes has misapplied contributions
419-12 under this subchapter.
419-13 ARTICLE 16. CHANGES RELATING TO SUBTITLE C, GENERAL
419-14 GOVERNMENT TITLE, GOVERNMENT CODE
419-15 SECTION 16.01. (a) Subtitle C, Title 10, Government Code, is
419-16 amended to codify Article 6252-33, Revised Statutes, by adding
419-17 Chapter 2110 to read as follows:
419-18 CHAPTER 2110. STATE AGENCY ADVISORY COMMITTEES
419-19 Sec. 2110.001. DEFINITION. In this chapter, "advisory
419-20 committee" means a committee, council, commission, task force, or
419-21 other entity in the executive branch of state government that:
419-22 (1) is not a state agency;
419-23 (2) is created by or under state law; and
419-24 (3) has as its primary function advising a state
420-1 agency.
420-2 Sec. 2110.002. COMPOSITION OF ADVISORY COMMITTEES. (a)
420-3 Notwithstanding other law, an advisory committee must be composed
420-4 of a reasonable number of members not to exceed 24. The
420-5 composition of the committee must also provide a balanced
420-6 representation between:
420-7 (1) industries or occupations regulated or directly
420-8 affected by the advised state agency; and
420-9 (2) consumers of services provided either by the
420-10 advised state agency or by industries or occupations regulated by
420-11 the agency.
420-12 (b) This section does not apply to an advisory committee if
420-13 the committee must be composed in a manner that is inconsistent
420-14 with this section under federal law or for federal funding
420-15 purposes.
420-16 Sec. 2110.003. PRESIDING OFFICER. (a) An advisory
420-17 committee shall select from among its members a presiding officer,
420-18 unless a different procedure for selecting the presiding officer is
420-19 prescribed by other law.
420-20 (b) The presiding officer shall preside over the advisory
420-21 committee and report to the advised state agency.
420-22 Sec. 2110.004. REIMBURSEMENT OF MEMBERS' EXPENSES;
420-23 APPROPRIATIONS PROCESS. (a) Notwithstanding other law, the manner
420-24 and amount of reimbursement for expenses, including travel
421-1 expenses, of members of an advisory committee may be prescribed
421-2 only:
421-3 (1) by the General Appropriations Act; or
421-4 (2) through the budget execution process under Chapter
421-5 317 if the advisory committee is created after it is practicable to
421-6 address the existence of the committee in the General
421-7 Appropriations Act.
421-8 (b) A state agency that is advised by an advisory committee
421-9 must request authority to reimburse the expenses of members of the
421-10 committee through the appropriations or budget execution process,
421-11 as appropriate, if the agency determines that the expenses of
421-12 committee members should be reimbursed. The request must:
421-13 (1) identify the costs related to the advisory
421-14 committee's existence, including the cost of agency staff time
421-15 spent in support of the committee's activities;
421-16 (2) state the reasons the advisory committee should
421-17 continue in existence; and
421-18 (3) identify any other advisory committees created to
421-19 advise the agency that should be consolidated or abolished.
421-20 (c) As part of the appropriations and budget execution
421-21 process, the governor and the Legislative Budget Board shall
421-22 jointly identify advisory committees that should be abolished. The
421-23 comptroller may recommend to the governor and the Legislative
421-24 Budget Board that an advisory committee should be abolished.
422-1 (d) The General Appropriations Act may provide for
422-2 reimbursing the expenses of members of certain advisory committees
422-3 without providing for reimbursing the expenses of members of other
422-4 advisory committees.
422-5 (e) This section does not apply to an advisory committee the
422-6 services of which are determined by the governing board of a
422-7 retirement system trust fund to be necessary for the performance of
422-8 the governing board's fiduciary duties under the state
422-9 constitution.
422-10 Sec. 2110.005. AGENCY-DEVELOPED STATEMENT OF PURPOSE;
422-11 REPORTING REQUIREMENTS. A state agency that is advised by an
422-12 advisory committee shall adopt rules that:
422-13 (1) state the purpose of the committee; and
422-14 (2) describe the task of the committee and the manner
422-15 in which the committee will report to the agency.
422-16 Sec. 2110.006. AGENCY EVALUATION OF COMMITTEE COSTS AND
422-17 EFFECTIVENESS. A state agency that is advised by an advisory
422-18 committee shall evaluate annually:
422-19 (1) the committee's work;
422-20 (2) the committee's usefulness; and
422-21 (3) the costs related to the committee's existence,
422-22 including the cost of agency staff time spent in support of the
422-23 committee's activities.
422-24 Sec. 2110.007. REPORT TO THE LEGISLATIVE BUDGET BOARD. A
423-1 state agency that is advised by an advisory committee shall report
423-2 to the Legislative Budget Board the information developed in the
423-3 evaluation required by Section 2110.006. The agency shall file
423-4 the report biennially in connection with the agency's request for
423-5 appropriations.
423-6 Sec. 2110.008. DURATION OF ADVISORY COMMITTEES. (a) A
423-7 state agency that is advised by an advisory committee shall
423-8 establish by rule a date on which the committee will automatically
423-9 be abolished. The advisory committee may continue in existence
423-10 after that date only if the governing body of the agency
423-11 affirmatively votes to continue the committee in existence.
423-12 (b) An advisory committee is automatically abolished on the
423-13 fourth anniversary of the date of its creation unless the governing
423-14 body of the agency establishes a different date under Subsection
423-15 (a).
423-16 (c) This section does not apply to an advisory committee
423-17 that has a specific duration prescribed by statute.
423-18 (b) Article 6252-33, Revised Statutes, is repealed.
423-19 SECTION 16.02. (a) Subtitle C, Title 10, Government Code, is
423-20 amended to codify Chapter 307, Acts of the 73rd Legislature,
423-21 Regular Session, 1993 (Article 6252-34, Vernon's Texas Civil
423-22 Statutes), by adding Chapter 2111 to read as follows:
423-23 CHAPTER 2111. STATE AGENCY REPORTING OF TECHNOLOGICAL INNOVATIONS
423-24 Sec. 2111.001. DEFINITION. In this chapter, "state agency":
424-1 (1) means an office, institution, or other agency
424-2 that:
424-3 (A) is in the executive branch of state
424-4 government;
424-5 (B) has authority that is not limited to a
424-6 geographic portion of the state; and
424-7 (C) was created by the constitution or a statute
424-8 of this state; and
424-9 (2) does not include an institution of higher
424-10 education as defined by Section 61.003, Education Code.
424-11 Sec. 2111.002. REPORTING. (a) Not later than January 31 of
424-12 each year, each state agency shall report to the attorney general
424-13 each technological innovation developed by the agency that:
424-14 (1) has potential commercial application, is
424-15 proprietary, or could be protected under intellectual property
424-16 laws; and
424-17 (2) was developed:
424-18 (A) during the preceding calendar year; or
424-19 (B) before the preceding calendar year but was
424-20 not previously reported to the attorney general.
424-21 (b) The attorney general may prescribe a form for the
424-22 report.
424-23 (b) Chapter 307, Acts of the 73rd Legislature, Regular
424-24 Session, 1993 (Article 6252-34, Vernon's Texas Civil Statutes), is
425-1 repealed.
425-2 SECTION 16.03. (a) Subtitle C, Title 10, Government Code,
425-3 is amended to codify Article 6252-5g, Revised Statutes, by adding
425-4 Chapter 2112 to read as follows:
425-5 CHAPTER 2112. UTILITY BILLING AUDITS BY STATE AGENCIES AND
425-6 INSTITUTIONS OF HIGHER EDUCATION
425-7 Sec. 2112.001. AUDIT REQUIREMENT. (a) Except as provided
425-8 by Section 2112.003, every four years each state agency and
425-9 institution of higher education shall perform an audit of its
425-10 electric, telephone, gas, and water utility billing during the
425-11 preceding four years or the maximum recovery period.
425-12 (b) The agency or institution may contract with a private
425-13 consultant in the performance of the audit.
425-14 Sec. 2112.002. FACTS DETERMINED BY AUDIT. The audit must
425-15 provide information to allow the agency or institution to ensure
425-16 that it is properly classified and subscribed and that the amounts
425-17 paid for service are proper.
425-18 Sec. 2112.003. DECIDING WHETHER AUDIT WILL BE
425-19 COST-EFFECTIVE. (a) Before the agency or institution conducts an
425-20 audit, it shall analyze the potential benefit of the audit.
425-21 (b) The agency or institution is not required to perform the
425-22 audit if it determines that the savings and refunds provided by the
425-23 audit will not exceed its cost.
425-24 Sec. 2112.004. RECOVERING REFUNDS; PAYING FOR AUDIT OUT OF
426-1 REFUNDS. (a) The audit must be funded from refunds received as a
426-2 result of the audit.
426-3 (b) The agency or institution shall take appropriate action
426-4 to recover any refund due.
426-5 (c) The attorney general may assist in recovering a refund.
426-6 (d) The amount of any refunds received shall be deposited in
426-7 the state treasury to the credit of the general revenue fund. The
426-8 costs of the audit shall be paid from amounts appropriated from
426-9 those funds for that purpose.
426-10 Sec. 2112.005. REPORTS. (a) During January and June of each
426-11 year during which an audit is being conducted, the agency or
426-12 institution shall submit to the Legislative Budget Board and
426-13 comptroller a report on the status of the audit. The report must
426-14 include a summary of the costs of the audit, current audit
426-15 activity, a schedule of future activity, audit recommendations and
426-16 results, pending refunds, and recovered refunds.
426-17 (b) Not later than the 30th day after the date an audit is
426-18 completed, the agency or institution shall submit to the
426-19 Legislative Budget Board and comptroller a report on:
426-20 (1) the savings resulting from the audit, including
426-21 their source; and
426-22 (2) the costs of the audit.
426-23 (b) Article 6252-5g, Revised Statutes, is repealed.
427-1 ARTICLE 17. CHANGES RELATING TO SUBTITLE D, GENERAL
427-2 GOVERNMENT TITLE, GOVERNMENT CODE
427-3 SECTION 17.01. (a) Subchapter C, Chapter 2155, Government
427-4 Code, is amended to conform to Section 1, Chapter 420, Acts of the
427-5 74th Legislature, Regular Session, 1995, by adding Section 2155.144
427-6 to read as follows:
427-7 Sec. 2155.144. HEALTH CARE PURCHASING. (a) A state agency
427-8 shall acquire goods and services used in support of the agency's
427-9 health care programs by the method that provides the greatest
427-10 volume discount for the goods or services, including group
427-11 purchasing programs, state agency purchasing consortiums, or
427-12 competitive sealed proposals.
427-13 (b) A state agency may contract with a medical and dental
427-14 unit to have the unit perform all or part of the purchasing
427-15 functions of the agency under this section or to participate in a
427-16 state agency purchasing consortium or group purchasing program with
427-17 the medical and dental unit.
427-18 (c) If a state agency determines that it should consider
427-19 factors in addition to volume discounts in acquiring a particular
427-20 good or service, the agency may acquire the good or service by the
427-21 most cost-effective method of acquisition available, including
427-22 group purchasing programs, state agency purchasing consortiums, or
427-23 competitive sealed proposals.
427-24 (d) A state agency shall provide appropriate information to
428-1 the commission concerning acquisitions made by the agency under
428-2 this section, but the commission's authority under this chapter and
428-3 Chapters 2156, 2157, and 2158 does not extend to the acquisition of
428-4 goods and services made under this section.
428-5 (e) The central administration of The University of Texas
428-6 System shall develop methods for sharing information concerning
428-7 acquisitions made under this section, including methods for sharing
428-8 the information electronically. Electronic sharing may include
428-9 posting information on acquisitions on the comptroller's state
428-10 government electronic bulletin board.
428-11 (f) A state agency shall collect and maintain information as
428-12 specified by the central administration of The University of Texas
428-13 System relating to the agency's acquisitions under this section.
428-14 The central administration of The University of Texas System is
428-15 entitled to access to all information collected and maintained
428-16 under this section.
428-17 (g) In this section:
428-18 (1) "Goods" means material, supplies, equipment, or
428-19 other tangible items.
428-20 (2) "Group purchasing program" means a program
428-21 administered by a business entity that offers discount prices on
428-22 goods and services to participants in the program.
428-23 (3) "Health care program" means a program or activity
428-24 administered or funded by a state agency to provide health care
429-1 services, research, education, or goods.
429-2 (4) "Medical and dental unit" has the meaning assigned
429-3 by Section 61.003, Education Code.
429-4 (5) "State agency purchasing consortium" means a group
429-5 of three or more state agencies acting under a written agreement to
429-6 receive discount prices from vendors based on volume purchases of
429-7 goods and services.
429-8 (h) This section does not apply to the state Medicaid
429-9 program.
429-10 (b) Section 1, Chapter 420, Acts of the 74th Legislature,
429-11 Regular Session, 1995, is repealed.
429-12 SECTION 17.02. (a) Subchapter A, Chapter 2158, Government
429-13 Code, is amended to conform to Section 15, Chapter 11, Acts of the
429-14 74th Legislature, Regular Session, 1995, to read as follows:
429-15 SUBCHAPTER A. PURCHASE OF PASSENGER VEHICLES
429-16 Sec. 2158.001. DEFINITION. In this subchapter,
429-17 "conventional gasoline" has the meaning assigned by Section
429-18 382.131, Health and Safety Code.
429-19 Sec. 2158.002. APPLICABILITY. This subchapter does not
429-20 apply to a vehicle acquired by the Texas Transportation Institute
429-21 for the purpose of performing crash tests and related research.
429-22 Sec. 2158.003 [2158.001]. WHEELBASE AND HORSEPOWER
429-23 RESTRICTIONS. (a) A state agency may not purchase or lease a
429-24 vehicle designed or used primarily for the transportation of
430-1 individuals, including a station wagon, that has a wheelbase longer
430-2 than 113 inches or that has more than 160 SAE net horsepower. The
430-3 vehicle may have a wheelbase of up to 116 inches or SAE net
430-4 horsepower of up to 280 if the vehicle will be converted so that it
430-5 is capable of using compressed natural gas, liquefied natural gas,
430-6 liquefied petroleum gas, methanol or methanol/gasoline blends of 85
430-7 percent or greater, ethanol or ethanol/gasoline blends of 85
430-8 percent or greater, or electricity [or another alternative fuel
430-9 that results in comparably lower emissions of oxides of nitrogen,
430-10 volatile organic compounds, carbon monoxide, or particulates].
430-11 This exception to the wheelbase and horsepower limitations applies
430-12 to a state agency regardless of the size of the agency's vehicle
430-13 fleet.
430-14 (b) The wheelbase and horsepower limitations prescribed by
430-15 Subsection (a) do not apply to the purchase or lease of:
430-16 (1) a vehicle to be used primarily for criminal law
430-17 enforcement;
430-18 (2) a bus, motorcycle, pickup, van, truck, three-wheel
430-19 vehicle, or tractor; or
430-20 (3) an ambulance.
430-21 Sec. 2158.004 [2158.002]. VEHICLES USING ALTERNATIVE FUELS.
430-22 (a) A state agency operating a fleet of more than 15 vehicles,
430-23 excluding law enforcement and emergency vehicles, may not purchase
430-24 or lease a motor vehicle unless that vehicle is capable of using
431-1 compressed natural gas, liquefied natural gas, liquefied petroleum
431-2 gas, methanol or methanol/gasoline blends of 85 percent or greater,
431-3 ethanol or ethanol/gasoline blends of 85 percent or greater, or
431-4 electricity [or other alternative fuels that result in comparably
431-5 lower emissions of oxides of nitrogen, volatile organic compounds,
431-6 carbon monoxide, particulates, or a combination of those
431-7 substances].
431-8 (b) A state agency may obtain equipment or refueling
431-9 facilities necessary to operate vehicles using compressed natural
431-10 gas, liquefied natural gas, liquefied petroleum gas, methanol or
431-11 methanol/gasoline blends of 85 percent or greater, ethanol or
431-12 ethanol/gasoline blends of 85 percent or greater, or electricity
431-13 [or other alternative fuels]:
431-14 (1) by purchase or lease as authorized by law;
431-15 (2) by gift or loan of the equipment or facilities; or
431-16 (3) by gift or loan of the equipment or facilities or
431-17 by another arrangement under a service contract for the supply of
431-18 compressed natural gas, liquefied natural gas, liquefied petroleum
431-19 gas, methanol or methanol/gasoline blends of 85 percent or greater,
431-20 ethanol or ethanol/gasoline blends of 85 percent or greater, or
431-21 electricity [or other alternative fuels].
431-22 (c) If the equipment or facilities are donated, loaned, or
431-23 provided through another arrangement with the supplier of
431-24 compressed natural gas, liquefied natural gas, liquefied petroleum
432-1 gas, methanol or methanol/gasoline blends of 85 percent or greater,
432-2 ethanol or ethanol/gasoline blends of 85 percent or greater, or
432-3 electricity [or other alternative fuels], the supplier is entitled
432-4 to recoup its actual cost of donating, loaning, or providing the
432-5 equipment or facilities through its fuel charges under the supply
432-6 contract.
432-7 (d) The commission may waive the requirements of this
432-8 section for a state agency on receipt of certification supported by
432-9 evidence acceptable to the commission that:
432-10 (1) the agency's vehicles will be operating primarily
432-11 in an area in which neither the agency nor a supplier has or can
432-12 reasonably be expected to establish adequate [a central] refueling
432-13 [station] for compressed natural gas, liquefied natural gas,
432-14 liquefied petroleum gas, methanol or methanol/gasoline blends of 85
432-15 percent or greater, ethanol or ethanol/gasoline blends of 85
432-16 percent or greater, or electricity [or other alternative fuels]; or
432-17 (2) the agency is unable to obtain equipment or
432-18 refueling facilities necessary to operate vehicles using compressed
432-19 natural gas, liquefied natural gas, liquefied petroleum gas,
432-20 methanol or methanol/gasoline blends of 85 percent or greater,
432-21 ethanol or ethanol/gasoline blends of 85 percent or greater, or
432-22 electricity [or other alternative fuels] at a projected cost that
432-23 is reasonably expected to be no greater than the net costs of
432-24 continued use of conventional [traditional] gasoline or diesel
433-1 fuels, measured over the expected useful life of the equipment or
433-2 facilities supplied.
433-3 Sec. 2158.005 [2158.003]. PERCENTAGE REQUIREMENTS FOR
433-4 VEHICLES CAPABLE OF USING ALTERNATIVE FUELS; PROGRAM REVIEW.
433-5 (a) Not later than September 1, 1996, a state agency that operates
433-6 a fleet of more than 15 motor vehicles, excluding law enforcement
433-7 and emergency vehicles, shall have a fleet consisting of vehicles
433-8 of which at least 50 percent are capable of using compressed
433-9 natural gas, liquefied natural gas, liquefied petroleum gas,
433-10 methanol or methanol/gasoline blends of 85 percent or greater,
433-11 ethanol or ethanol/gasoline blends of 85 percent or greater, or
433-12 electricity [or other alternative fuels].
433-13 (b) The Texas Natural Resource Conservation Commission shall
433-14 review the [alternative fuel use] program established by this
433-15 subchapter by December 31, 1996. If the Texas Natural Resource
433-16 Conservation Commission determines that the program has been
433-17 effective in reducing total annual emissions from motor vehicles in
433-18 the area, then after August 31, 1998, a state agency operating a
433-19 fleet of more than 15 motor vehicles shall have a fleet consisting
433-20 of vehicles of which at least 90 percent are capable of using
433-21 compressed natural gas, liquefied natural gas, liquefied petroleum
433-22 gas, methanol or methanol/gasoline blends of 85 percent or greater,
433-23 ethanol or ethanol/gasoline blends of 85 percent or greater, or
433-24 electricity [or other alternative fuels].
434-1 (c) The commission shall support the Texas Natural Resource
434-2 Conservation Commission in collecting reasonable information needed
434-3 to determine the air quality benefits from use of compressed
434-4 natural gas, liquefied natural gas, liquefied petroleum gas,
434-5 methanol or methanol/gasoline blends of 85 percent or greater,
434-6 ethanol or ethanol/gasoline blends of 85 percent or greater, or
434-7 electricity [alternative fuels] at affected agencies.
434-8 (d) A state agency in its annual financial report to the
434-9 legislature shall report its progress in achieving the percentage
434-10 requirements of this section by itemizing:
434-11 (1) purchases, leases, and conversions of motor
434-12 vehicles; and
434-13 (2) usage of compressed natural gas, liquefied natural
434-14 gas, liquefied petroleum gas, methanol or methanol/gasoline blends
434-15 of 85 percent or greater, ethanol or ethanol/gasoline blends of 85
434-16 percent or greater, or electricity [or other alternative fuels].
434-17 (e) A state agency may meet the percentage requirements of
434-18 this section through purchase of new vehicles or the conversion of
434-19 existing vehicles, in accordance with federal and state
434-20 requirements and applicable safety laws[, to use the alternative
434-21 fuels].
434-22 (f) The commission may reduce a percentage specified by this
434-23 section or waive the requirements of this section for a state
434-24 agency on receipt of certification supported by evidence acceptable
435-1 to the commission that:
435-2 (1) the agency's vehicles will be operating primarily
435-3 in an area in which neither the agency nor a supplier has or can
435-4 reasonably be expected to establish adequate [a central] refueling
435-5 [station] for compressed natural gas, liquefied natural gas,
435-6 liquefied petroleum gas, methanol or methanol/gasoline blends of 85
435-7 percent or greater, ethanol or ethanol/gasoline blends of 85
435-8 percent or greater, or electricity [or other alternative fuels]; or
435-9 (2) the agency is unable to obtain equipment or
435-10 refueling facilities necessary to operate vehicles using compressed
435-11 natural gas, liquefied natural gas, liquefied petroleum gas,
435-12 methanol or methanol/gasoline blends of 85 percent or greater,
435-13 ethanol or ethanol/gasoline blends of 85 percent or greater, or
435-14 electricity [or other alternative fuels] at a projected cost that
435-15 is reasonably expected to be no greater than the net costs of
435-16 continued use of conventional [traditional] gasoline or diesel
435-17 fuels, measured over the expected useful life of the equipment or
435-18 facilities supplied.
435-19 Sec. 2158.006 [2158.004]. DETERMINATION OF ALTERNATIVE FUELS
435-20 PROGRAM PARAMETERS. In developing the use of compressed natural
435-21 gas, liquefied natural gas, liquefied petroleum gas, methanol or
435-22 methanol/gasoline blends of 85 percent or greater, ethanol or
435-23 ethanol/gasoline blends of 85 percent or greater, or electricity
435-24 [or other alternative fuels use program], the commission should
436-1 work with state agency fleet operators, vehicle manufacturers and
436-2 converters, fuel distributors, and others to determine the vehicles
436-3 to be covered, taking into consideration:
436-4 (1) range;
436-5 (2) specialty uses;
436-6 (3) fuel availability;
436-7 (4) vehicle manufacturing and conversion capability;
436-8 (5) safety;
436-9 (6) resale values; and
436-10 (7) other relevant factors.
436-11 Sec. 2158.007 [2158.005]. COMPLIANCE WITH APPLICABLE SAFETY
436-12 STANDARDS. In purchasing, leasing, maintaining, or converting
436-13 vehicles for use with compressed natural gas, liquefied natural
436-14 gas, liquefied petroleum gas, methanol or methanol/gasoline blends
436-15 of 85 percent or greater, ethanol or ethanol/gasoline blends of 85
436-16 percent or greater, or electricity [or other alternative fuels],
436-17 the commission shall comply with all applicable safety standards
436-18 adopted by the United States Department of Transportation and the
436-19 Railroad Commission of Texas.
436-20 Sec. 2158.008 [2158.006]. WHEN VEHICLE CONSIDERED CAPABLE OF
436-21 USING ALTERNATIVE FUELS. In this subchapter, a vehicle is
436-22 considered to be capable of using compressed natural gas, liquefied
436-23 natural gas, liquefied petroleum gas, methanol or methanol/gasoline
436-24 blends of 85 percent or greater, ethanol or ethanol/gasoline blends
437-1 of 85 percent or greater, or electricity [or other alternative
437-2 fuels] if the vehicle is capable of using those fuels either in its
437-3 original equipment engine or in an engine that has been converted
437-4 to use those fuels.
437-5 (b) Section 15, Chapter 11, Acts of the 74th Legislature,
437-6 Regular Session, 1995, is repealed.
437-7 SECTION 17.03. (a) Section 2161.061, Government Code, is
437-8 amended to conform to Section 11, Chapter 746, Acts of the 74th
437-9 Legislature, Regular Session, 1995, to read as follows:
437-10 Sec. 2161.061. COMMISSION CERTIFICATION OF HISTORICALLY
437-11 UNDERUTILIZED BUSINESSES; MUNICIPAL CERTIFICATION. (a) The
437-12 commission shall certify historically underutilized businesses.
437-13 (b) As part [one] of its certification procedures, the
437-14 commission may[:]
437-15 [(1)] approve another certification [a municipal]
437-16 program that certifies historically underutilized businesses under
437-17 substantially the same definition used by Section 2161.001[; and]
437-18 [(2) certify a business certified under the municipal
437-19 program as a historically underutilized business under this
437-20 chapter].
437-21 (c) A municipality, in certifying historically underutilized
437-22 businesses, may adopt the certification program of the commission,
437-23 of the federal Small Business Administration, or of another
437-24 political subdivision or other governmental entity.
438-1 (b) Section 11, Chapter 746, Acts of the 74th Legislature,
438-2 Regular Session, 1995, is repealed.
438-3 SECTION 17.04. (a) Section 2165.251, Government Code, is
438-4 amended to conform to Section 1, Chapter 168, Acts of the 74th
438-5 Legislature, Regular Session, 1995, to read as follows:
438-6 Sec. 2165.251. BUILDINGS ALLOCATED TO LEGISLATIVE USE [OLD
438-7 STATE BOARD OF INSURANCE BUILDING]. (a) The space in the old
438-8 State Board of Insurance State Office Building, located on San
438-9 Jacinto Street between 11th and 12th streets in Austin, the Sam
438-10 Houston Building, and the John H. Reagan Building are [is]
438-11 allocated to the legislature and legislative agencies for their
438-12 use.
438-13 (b) On written notice signed by both presiding officers of
438-14 the legislature and delivered to the commission, the following
438-15 buildings are allocated to the legislature and legislative agencies
438-16 to the extent described in the notice: Lorenzo de Zavala State
438-17 Library and Archives Building, Stephen F. Austin Building, Lyndon
438-18 B. Johnson Building, and William B. Travis Building. On receipt of
438-19 notice under this subsection, the commission shall begin
438-20 immediately to undertake the relocation of agencies occupying space
438-21 in buildings allocated to legislative use. The space must be made
438-22 available for legislative use on a date determined by the presiding
438-23 officers of the legislature.
438-24 (c) The presiding officers of each house of the legislature
439-1 shall jointly allocate space within each [the] building.
439-2 (b) Section 1, Chapter 168, Acts of the 74th Legislature,
439-3 Regular Session, 1995, is repealed.
439-4 SECTION 17.05. (a) Section 2165.256, Government Code, is
439-5 amended to conform to Section 1, Chapter 264, Acts of the 74th
439-6 Legislature, Regular Session, 1995, to read as follows:
439-7 Sec. 2165.256. STATE CEMETERY AND OTHER BURIAL GROUNDS. (a)
439-8 The commission shall:
439-9 (1) control, manage, and beautify the grounds of the
439-10 State Cemetery;
439-11 (2) preserve the grounds of the cemetery and related
439-12 property; and
439-13 (3) protect the property from depreciation and injury.
439-14 (b) In addition to the property described as Lot No. 5,
439-15 Division B, City of Austin, Travis County, Texas, the following
439-16 property is dedicated for cemetery purposes as part of the State
439-17 Cemetery:
439-18 BEING APPROXIMATELY 50.00 ACRES OF LAND OUT OF AND A PORTION OF THE
439-19 FOLLOWING DESCRIBED TRACT OF LAND. 75.688 RECORD ACRES OF LAND OUT
439-20 OF THE GEORGE W. SPEAR SURVEY IN THE CITY OF AUSTIN, TRAVIS COUNTY,
439-21 TEXAS, DESCRIBED BY DEED TO THE STATE OF TEXAS AS RECORDED IN
439-22 VOLUME 76, PAGE 225, OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS,
439-23 SAID 75.688 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS
439-24 FOLLOWS:
440-1 (1) Bounded on the west by Bull Creek Road.
440-2 (2) Bounded on the north by the following subdivisions
440-3 in the City of Austin, Texas,
440-4 (A) Shoal Village Section 2, as recorded in Plat
440-5 Book 5, Page 150 of the Plat Records of Travis County, Texas,
440-6 (B) Shoal Village Section 3, as recorded in Plat
440-7 Book 6, Page 71, of the Plat Records of Travis County, Texas,
440-8 (C) Shoal Village Section 5, as recorded in Plat
440-9 Book 6, Page 72, of the Plat Records of Travis County, Texas,
440-10 (D) Shoal Village Section 6, as recorded in Plat
440-11 Book 7, Page 7, of the Plat Records of Travis County, Texas,
440-12 (E) Shoal Village Section 7, as recorded in Plat
440-13 Book 14, Page 80 of the Plat Records of Travis County, Texas,
440-14 (F) Oak Haven Section 3, as recorded in Plat
440-15 Book 11, Page 40, of the Plat Records of Travis County, Texas.
440-16 (3) Bounded on the east by the centerline of Shoal
440-17 Creek,
440-18 (4) Bounded along the south by Ridgelea, a subdivision
440-19 of record in the City of Austin, Texas, as recorded in Plat Book 4,
440-20 Page 258 of the Plat Records of Travis County, Texas.
440-21 (c) [(b)] The commission shall procure and erect at the head
440-22 of each grave that does not have a permanent monument a marble
440-23 obelisk on which shall be engraved the name of the dead buried in
440-24 the grave.
441-1 (d) [(c)] Persons eligible for burial in the State Cemetery
441-2 are:
441-3 (1) a former member of the legislature or a member who
441-4 dies in office;
441-5 (2) a former elective state official or an elective
441-6 state official who dies in office;
441-7 (3) a former state official or a state official who
441-8 dies in office who has been appointed by the governor and confirmed
441-9 by the senate and who served at least 12 years in the office to
441-10 which appointed;
441-11 (4) a person specified by a governor's proclamation,
441-12 subject to review and approval by the Texas Historical Commission
441-13 under Subsection (e); [and]
441-14 (5) a person specified by a concurrent resolution
441-15 adopted by the legislature, subject to review and approval by the
441-16 Texas Historical Commission under Subsection (e); and
441-17 (6) a person specified by order of the Texas
441-18 Historical Commission under Subsection (e).
441-19 (e) The Texas Historical Commission shall review
441-20 proclamations under Subsection (d)(4) and resolutions under
441-21 Subsection (d)(5). A person specified in a proclamation or
441-22 resolution is eligible for burial in the State Cemetery only if the
441-23 historical commission, following its review, finds that the person
441-24 specified made a significant contribution to Texas history and only
442-1 if based on that finding the historical commission approves the
442-2 person's burial in the cemetery. The historical commission may by
442-3 order authorize a burial under Subsection (d)(6) only during a
442-4 period in which the legislature is not convened in regular or
442-5 special session and only if the historical commission finds that
442-6 the person made a significant contribution to Texas history.
442-7 (f) [(d)] Grave spaces are allotted for:
442-8 (1) a person eligible for burial under Subsection (d)
442-9 [(c)];
442-10 (2) the person's spouse; and
442-11 (3) the person's unmarried child, if the child, on
442-12 September 1, 1979, or at the time of the child's death, is a
442-13 resident in a state eleemosynary institution.
442-14 (g) [(e)] A child eligible for burial under Subsection (f)
442-15 [(d)](3) must be buried alongside the child's parent or parents.
442-16 (h) [(f)] A grave plot may not be longer than eight feet nor
442-17 wider than three [five] feet times the number of persons of one
442-18 family authorized to be buried alongside one another.
442-19 (i) [(g)] A monument or statue may not be erected that is
442-20 taller than a monument or statue that existed in the State Cemetery
442-21 on September 1, 1979.
442-22 (j) [(h)] A tree, shrub, or flower may not be planted in the
442-23 State Cemetery without the commission's written permission.
442-24 (k) [(i)] A person may be buried on state property only in
443-1 the State Cemetery or in a cemetery maintained by a state
443-2 eleemosynary institution. Other state property, including the
443-3 State Capitol grounds, may not be used as a burial site.
443-4 (l) [(j)] The commission shall allot and locate the
443-5 necessary number of grave plots authorized on application made by:
443-6 (1) the person primarily eligible for burial under
443-7 Subsection (d) [(c)];
443-8 (2) the person's spouse; or
443-9 (3) the executor or administrator of the person's
443-10 estate.
443-11 (b) Section 1, Chapter 264, Acts of the 74th Legislature,
443-12 Regular Session, 1995, is repealed.
443-13 SECTION 17.06. (a) Section 2166.151(a), Government Code, is
443-14 amended to conform to Section 14, Chapter 108, Acts of the 74th
443-15 Legislature, Regular Session, 1995, to read as follows:
443-16 (a) A using agency requesting a project shall prepare and
443-17 send to the commission a general description of the project. The
443-18 description must specify whether the using agency requests that a
443-19 portion of the cost of the project be used for fine arts projects
443-20 at or near the site of the project as provided by Section 2166.552.
443-21 (b) Section 2166.552, Government Code, is amended to conform
443-22 to Section 15, Chapter 108, Acts of the 74th Legislature, Regular
443-23 Session, 1995, to read as follows:
443-24 Sec. 2166.552. FINE ARTS PROJECTS. (a) A using agency that
444-1 requests a project analysis by the commission for a building
444-2 construction project that is estimated to cost more than $250,000
444-3 may specify in the general description of the project that up to
444-4 one percent of the amount of the original project cost estimate be
444-5 spent for fine arts projects at or near the site of the project.
444-6 The using agency may consult the Texas Commission on the Arts in
444-7 preparing the general description of the project.
444-8 (b) The using agency, the commission, and the Texas
444-9 Commission on the Arts may conduct a public hearing to take
444-10 testimony from interested persons regarding the costs and benefits
444-11 of using a portion of the cost of the project for fine arts
444-12 projects.
444-13 (c) The commission shall initiate negotiations for and enter
444-14 into a memorandum of understanding with the Texas Commission on the
444-15 Arts to establish guidelines for implementing this section. The
444-16 memorandum of understanding must be adopted by the governing bodies
444-17 of the commission and the Texas Commission on the Arts. After a
444-18 memorandum of understanding is adopted, the Texas Commission on the
444-19 Arts shall publish the memorandum of understanding in the Texas
444-20 Register.
444-21 (d) If the legislature authorizes and appropriates money for
444-22 a fine arts project, the commission shall cooperate with the Texas
444-23 Commission on the Arts and consult it for advice in determining how
444-24 to use the money appropriated for the fine arts project.
445-1 (e) [(c)] In selecting a fine arts project, emphasis should
445-2 be placed, whenever feasible, on works by living Texas artists.
445-3 Consideration shall be given to artists of all ethnic origins.
445-4 (f) [(d)] This section does not limit, restrict, or prohibit
445-5 the commission from including expenditures for fine arts in its
445-6 original project cost estimate.
445-7 (g) [(e)] In this section, "fine arts project" includes
445-8 murals, fountains, mosaics, and other aesthetic improvements.
445-9 (c) Sections 14 and 15, Chapter 108, Acts of the 74th
445-10 Legislature, Regular Session, 1995, are repealed.
445-11 SECTION 17.07. Section 2166.204, Government Code, is amended
445-12 to correct a reference to read as follows:
445-13 Sec. 2166.204. USING AGENCY RECOMMENDATIONS. The commission
445-14 shall request that the using agency make recommendations regarding
445-15 private design professionals [project designers]. The commission
445-16 shall consider the recommendations in selecting a private design
445-17 professional to be retained for a particular project.
445-18 SECTION 17.08. (a) Section 2166.451, Government Code, is
445-19 amended to conform to Section 23, Chapter 109, Acts of the 74th
445-20 Legislature, Regular Session, 1995, to read as follows:
445-21 Sec. 2166.451. ACQUISITION OF HISTORIC STRUCTURES. (a) In
445-22 acquiring real property, each using agency shall first consider a
445-23 building that is designated as a historic structure under Section
445-24 442.001 or a building that has been designated a landmark by the
446-1 local governing authority if:
446-2 (1) the building meets requirements and
446-3 specifications; and
446-4 (2) the cost is not substantially higher than that of
446-5 other available structures that meet requirements and
446-6 specifications.
446-7 (b) [When considering the construction of a new state
446-8 building, a using agency shall notify the Texas Historical
446-9 Commission and request from it a list of historic structures in the
446-10 proposed construction area that are suitable and available for
446-11 state acquisition.]
446-12 [(c) If the using agency decides to proceed with new
446-13 construction, the agency shall forward to the commission for
446-14 inclusion in the project analysis for the new construction:]
446-15 [(1) the date it notified the Texas Historical
446-16 Commission of the proposed construction;]
446-17 [(2) the date of the Texas Historical Commission's
446-18 response;]
446-19 [(3) a copy of the list of historic structures
446-20 furnished by the Texas Historical Commission; and]
446-21 [(4) a statement of the reasons for the rejection of
446-22 each of the historic structures on the list.]
446-23 [(d)] If the using agency rejects acquisition of a historic
446-24 structure because of the structure's cost, the agency shall forward
447-1 to the commission for inclusion in the project analysis for the new
447-2 construction or acquisition a comparison of the cost of the new
447-3 construction or acquisition with the cost of the purchase and
447-4 rehabilitation of the historic structure.
447-5 (c) [(e)] In determining the feasibility of acquiring a
447-6 historic structure, the using agency shall evaluate the possibility
447-7 of providing the space needed by the agency by combining new
447-8 construction with acquisition of the historic structure.
447-9 (d) [(f)] On request of the using agency, the commission
447-10 shall assist the agency in evaluating the feasibility of acquiring
447-11 a historic structure and in preparing the information required by
447-12 Subsection (b) [Subsections (c) and (d)].
447-13 (e) [(g)] The commission shall comply with Subsections
447-14 (a)-(c)[(e)] for a:
447-15 (1) project for which it is the using agency; or
447-16 (2) multiagency state office building for which it
447-17 serves as the coordinating authority.
447-18 (b) Section 2167.003(a), Government Code, is amended to
447-19 conform to Section 24, Chapter 109, Acts of the 74th Legislature,
447-20 Regular Session, 1995, to read as follows:
447-21 (a) In leasing space for the use of a state agency, the
447-22 commission shall give first consideration to a building that is
447-23 designated as a historic structure under Section 442.001 or to a
447-24 building that has been designated a landmark by a local governing
448-1 authority, if:
448-2 (1) the building meets requirements and
448-3 specifications; and
448-4 (2) the cost is not substantially higher than the cost
448-5 for other available buildings that meet requirements and
448-6 specifications.
448-7 (c) Sections 23 and 24, Chapter 109, Acts of the 74th
448-8 Legislature, Regular Session, 1995, are repealed.
448-9 SECTION 17.09. (a) Section 2167.004(a), Government Code, is
448-10 amended to conform to Section 9.10 of Chapter 655 and to Section 10
448-11 of Chapter 885, Acts of the 74th Legislature, Regular Session,
448-12 1995, to read as follows:
448-13 (a) Notwithstanding any other provision of this chapter or
448-14 of Subchapter C, Chapter 2165, the [The] commission may not lease
448-15 office space to serve the needs of any [a single] health and human
448-16 services agency unless the Health and Human Services Commission has
448-17 approved the office space for the agency [provides the commission
448-18 with a reason for not sharing the office space with one or more
448-19 other health and human services agencies].
448-20 (b) Section 9.10 of Chapter 655 and Section 10 of Chapter
448-21 885, Acts of the 74th Legislature, Regular Session, 1995, are
448-22 repealed.
448-23 SECTION 17.10. (a) Section 2167.005, Government Code, is
448-24 amended to conform to Section 2, Chapter 823, Acts of the 74th
449-1 Legislature, Regular Session, 1995, to read as follows:
449-2 Sec. 2167.005. DELEGATION OF AUTHORITY TO INSTITUTIONS OF
449-3 HIGHER EDUCATION. (a) The commission may delegate to an
449-4 institution of higher education the authority to enter into lease
449-5 contracts for space for which payments are not made from money
449-6 appropriated from the general revenue fund.
449-7 (b) Any reports on the lease contracts made by an
449-8 institution of higher education under this delegated authority
449-9 shall be required annually.
449-10 (b) Section 2171.101(a), Government Code, is amended to
449-11 conform to Section 3, Chapter 823, Acts of the 74th Legislature,
449-12 Regular Session, 1995, to read as follows:
449-13 (a) The office of vehicle fleet management shall establish a
449-14 vehicle reporting system to assist each state agency in the
449-15 management of its vehicle fleet. A state agency shall be required
449-16 to submit the reports not more often than semiannually.
449-17 (c) Sections 2 and 3, Chapter 823, Acts of the 74th
449-18 Legislature, Regular Session, 1995, are repealed.
449-19 SECTION 17.11. (a) Section 2171.052, Government Code, is
449-20 amended to conform to Section 1, Chapter 976, Acts of the 74th
449-21 Legislature, Regular Session, 1995, to read as follows:
449-22 Sec. 2171.052. CONTRACTS WITH PROVIDERS OF TRAVEL SERVICES.
449-23 (a) The central travel office shall [may] negotiate contracts with
449-24 private travel agents, with travel and transportation providers,
450-1 and with credit card companies that provide travel services and
450-2 other benefits to the state.
450-3 (b) The commission shall make contracts with travel agents
450-4 that meet certain reasonable requirements prescribed by the central
450-5 travel office, allowing contracts to provide travel services by as
450-6 many private travel agents as possible with preference given to
450-7 resident entities of this state [more than one provider of travel
450-8 agency services].
450-9 (c) To the greatest extent possible, the commission shall
450-10 use electronic means to solicit and receive bids under this
450-11 section.
450-12 (b) Section 2171.055(a), Government Code, is amended to
450-13 conform to Section 1, Chapter 976, Acts of the 74th Legislature,
450-14 Regular Session, 1995, to read as follows:
450-15 (a) State agencies in the executive branch of state
450-16 government shall participate under commission rules in the
450-17 commission's contracts for travel services, provided that all
450-18 travel agents approved by the commission are permitted to contract
450-19 with the state and provide travel services to all state agencies.
450-20 (c) Section 1, Chapter 976, Acts of the 74th Legislature,
450-21 Regular Session, 1995, is repealed.
450-22 SECTION 17.12. (a) Section 2171.103(b), Government Code, is
450-23 amended to conform to Section 48, Chapter 260, Acts of the 74th
450-24 Legislature, Regular Session, 1995, to read as follows:
451-1 (b) The office may:
451-2 (1) establish centralized refueling stations
451-3 throughout the state;
451-4 (2) operate regional conversion and repair facilities;
451-5 and
451-6 (3) provide all services and support necessary to
451-7 expedite the use of compressed natural gas or other alternative
451-8 fuels by state agencies as required by Subchapter A, Chapter 2158[,
451-9 and by school districts as required by Section 2155.201].
451-10 (b) Section 2155.201, Government Code, is repealed to
451-11 conform to Section 58(d), Chapter 260, Acts of the 74th
451-12 Legislature, Regular Session, 1995.
451-13 (c) Sections 48 and 58(d), Chapter 260, Acts of the 74th
451-14 Legislature, Regular Session, 1995, are repealed.
451-15 SECTION 17.13. Section 533.002, Health and Safety Code, is
451-16 amended to conform to Section 68(a)(3), Chapter 684, Acts of the
451-17 73rd Legislature, Regular Session, 1993, to read as follows:
451-18 Sec. 533.002. COMPETITIVE REVIEW REQUIREMENT. [(a)] The
451-19 department shall establish procedures to:
451-20 (1) promote more efficient use of public funds;
451-21 (2) ensure periodic review of department management
451-22 and support activities in order to:
451-23 (A) improve department operations;
451-24 (B) improve the determination of costs;
452-1 (C) increase department productivity; and
452-2 (D) remain competitive with the private sector;
452-3 and
452-4 (3) ensure that the state not provide a service that
452-5 is available through the private sector unless the state can
452-6 provide the service at a lower cost.
452-7 [(b) In developing the procedures, the department shall
452-8 comply with Article 13, State Purchasing and General Services Act
452-9 (Article 601b, Vernon's Texas Civil Statutes).]
452-10 SECTION 17.14. Section 61.033, Education Code, is repealed
452-11 to conform to Section 68(a)(3), Chapter 684, Acts of the 73rd
452-12 Legislature, Regular Session, 1993.
452-13 SECTION 17.15. Section 12.052(b), Health and Safety Code, is
452-14 amended to correct a reference to read as follows:
452-15 (b) The expenditure of funds received by other state
452-16 agencies from the department is governed by Subtitle D, Title 10,
452-17 Government Code, [the State Purchasing and General Services Act
452-18 (Article 601b, Vernon's Texas Civil Statutes)] and the rules
452-19 adopted under that subtitle [Act].
452-20 SECTION 17.16. Section 481.027(e), Government Code, is
452-21 amended to correct a reference and to conform to Section 6.01(d),
452-22 Chapter 8, Acts of the 72nd Legislature, 2nd Called Session, 1991,
452-23 to read as follows:
452-24 (e) Chapter 2175 applies [Articles 8 and 9, State Purchasing
453-1 and General Services Act (Article 601b, Vernon's Texas Civil
453-2 Statutes), apply] to the operation and maintenance of the offices.
453-3 No other provisions of Subtitle D, Title 10, [that Act] apply to
453-4 the operation and maintenance of the offices, or to transactions of
453-5 the department that are authorized by this section.
453-6 SECTION 17.17. Section 481.078(f), Government Code, is
453-7 amended to correct a reference to read as follows:
453-8 (f) The corporation shall make a good faith effort to assist
453-9 historically underutilized [disadvantaged] businesses to receive at
453-10 least 10 percent of the total value of each construction contract
453-11 award for construction and the purchase of supplies, materials,
453-12 services, and equipment that the corporation expects to make in
453-13 connection with the issuance of bonds and any lease, sale, and loan
453-14 agreement made under this section by the corporation. The
453-15 corporation shall annually report to the legislature and the
453-16 governor on the level of historically underutilized [disadvantaged]
453-17 business participation as it pertains to the corporation's
453-18 contracts. This report shall include recommendations for the
453-19 improvement of historically underutilized [disadvantaged] business
453-20 opportunities with the corporation. "Historically underutilized
453-21 [Disadvantaged] business" means a historically underutilized
453-22 [disadvantaged] business as defined by Section 2161.001 [1.02,
453-23 State Purchasing and General Services Act (Article 601b, Vernon's
453-24 Texas Civil Statutes)].
454-1 SECTION 17.18. Section 252.0215, Local Government Code, is
454-2 amended to correct references to read as follows:
454-3 Sec. 252.0215. COMPETITIVE BIDDING IN RELATION TO
454-4 HISTORICALLY UNDERUTILIZED BUSINESS. A municipality, in making an
454-5 expenditure of more than $3,000 but less than $15,000, shall
454-6 contact at least two historically underutilized [disadvantaged]
454-7 businesses on a rotating basis, based on information provided by
454-8 the General Services Commission [Office of Small Business
454-9 Assistance of the Texas Department of Commerce] pursuant to Chapter
454-10 2161, Government Code [Section 1.03, State Purchasing and General
454-11 Services Act (Article 601b, Vernon's Texas Civil Statutes)]. If
454-12 the list fails to identify a historically underutilized
454-13 [disadvantaged] business in the county in which the municipality
454-14 [city] is situated, the municipality [city] is exempt from this
454-15 section.
454-16 SECTION 17.19. In the following table of cross-reference
454-17 amendments, a reference described in Column A is amended to read as
454-18 provided by the corresponding reference described in Column B, at
454-19 each place at which the reference appears in a code provision cited
454-20 in Column C:
454-21 Column A Column B Column C
454-22 Reference to New Reference Law in Which the
454-23 Be Amended Reference Appears
454-24 (1) "Article 3, (1) "Chapters (1) Sections
454-25 State Purchasing and 2155-2158" 81.0151,
454-26 General Services Act 403.019(b), and
454-27 (Article 601b, 2254.024(b),
455-1 Column A Column B Column C
455-2 Reference to New Reference Law in Which the
455-3 Be Amended Reference Appears
455-4 Vernon's Texas Civil Government Code
455-5 Statutes)"
455-6 (2) "Article 3, (2) "Chapters (2) Section
455-7 State Purchasing and 2155-2158" 496.0515(a),
455-8 General Services Act Government Code
455-9 (Article 601b,
455-10 Vernon's Texas Civil
455-11 Statutes),"
455-12 (3) "Article 3, (3) "Chapters (3) Section
455-13 State Purchasing and 2155-2158 do" 401.005(d),
455-14 General Services Act Government Code
455-15 (Article 601b,
455-16 Vernon's Texas Civil
455-17 Statutes), does"
455-18 (4) "the State (4) "Subtitle D, (4) Section
455-19 Purchasing and Title 10, Government 73.115(f),
455-20 General Services Act Code" Education Code;
455-21 (Article 601b, Section 22.016,
455-22 Vernon's Texas Civil Human Resources
455-23 Statutes)" Code; and Sections
455-24 35.012(b),
455-25 361.426(a),
455-26 361.477(b),
455-27 402.032, and
455-28 756.022(d), Health
455-29 and Safety Code
455-30 (5) "the State (5) "Subtitle D, (5) Sections
455-31 Purchasing and Title 10" 466.104,
455-32 General Services Act 466.105(a),
455-33 (Article 601b, 481.027(f),
455-34 Vernon's Texas Civil 496.051(a),
455-35 Statutes)" 609.510,
455-36 663.105(b), and
455-37 2101.039(a),
455-38 Government Code
455-39 (6) "Sec. 3.12, (6) "Subchapter B, (6) Section
455-40 Article 601b, Chapter 2156, 51.927(g),
455-41 Revised Statutes" Government Code" Education Code
456-1 Column A Column B Column C
456-2 Reference to New Reference Law in Which the
456-3 Be Amended Reference Appears
456-4 (7) "Article 7, (7) "Article 9102, (7) Section
456-5 State Purchasing and Revised Statutes" 61.0572(b),
456-6 General Services Act Education Code
456-7 (Article 601b,
456-8 Vernon's Texas Civil
456-9 Statutes)"
456-10 (8) "Section 9.16, (8) "Subchapter G, (8) Section
456-11 State Purchasing and Chapter 2175" 403.271(a)(2),
456-12 General Services Act Government Code
456-13 (Article 601b,
456-14 Vernon's Texas Civil
456-15 Statutes)"
456-16 (9) "Article 9, (9) "Chapter 2175" (9) Section
456-17 State Purchasing and 443.006(b),
456-18 General Services Act Government Code
456-19 (Article 601b,
456-20 Vernon's Texas Civil
456-21 Statutes)"
456-22 (10) "Article 9, (10) "Chapter 2175, (10) Sections
456-23 State Purchasing and Government Code" 12.054(a) and (c),
456-24 General Services Act Health and Safety
456-25 (Article 601b, Code
456-26 Vernon's Texas Civil
456-27 Statutes)"
456-28 (11) "Section 1.02, (11) "Section (11) Sections
456-29 State Purchasing and 2151.002" 552.2611(f) and
456-30 General Services Act 2254.021(4),
456-31 (Article 601b, Government Code
456-32 Vernon's Texas Civil
456-33 Statutes)"
456-34 (12) "The State (12) "Subtitle D, (12) Section
456-35 Purchasing and Title 10," 496.051(b),
456-36 General Services Act Government Code
456-37 (Article 601b,
456-38 Vernon's Texas Civil
456-39 Statutes)"
457-1 Column A Column B Column C
457-2 Reference to New Reference Law in Which the
457-3 Be Amended Reference Appears
457-4 (13) "The State (13) "Subtitle D, (13) Section
457-5 Purchasing and Title 10, Government 242.099, Health and
457-6 General Services Act Code," Safety Code
457-7 (Article 601b,
457-8 Vernon's Texas Civil
457-9 Statutes)"
457-10 (14) "Section (14) "Section (14) Section
457-11 3.08(a), State 2155.132(a)" 497.027(a),
457-12 Purchasing and Government Code
457-13 General Services Act
457-14 (Article 601b,
457-15 Vernon's Texas Civil
457-16 Statutes),"
457-17 (15) "Section (15) "Section (15) Section
457-18 5.01(b), State 2166.551" 663.002, Government
457-19 Purchasing and Code
457-20 General Services Act
457-21 (Article 601b,
457-22 Vernon's Texas Civil
457-23 Statutes)"
457-24 (16) "Section 4.15, (16) "Subchapter E, (16) Section
457-25 State Purchasing and Chapter 2165, 94.002(b), Human
457-26 General Services Act Government Code" Resources Code
457-27 (Article 601b,
457-28 Vernon's Texas Civil
457-29 Statutes)"
457-30 (17) "Section (17) "Section (17) Section
457-31 5.321, State 2166.404, Government 373.001(c)(2),
457-32 Purchasing and Code" Health and Safety
457-33 General Services Act Code
457-34 (Article 601b,
457-35 Vernon's Texas Civil
457-36 Statutes)"
457-37 (18) "Subdivisions (18) "Sections (18) Section
457-38 (1) through (9) of 2156.007(d)(1)-(9), 31.159(d)(2),
457-39 Subsection (e) of Government Code" Natural Resources
457-40 Section 3.11, State Code
457-41 Purchasing and
457-42 General Services Act
458-1 Column A Column B Column C
458-2 Reference to New Reference Law in Which the
458-3 Be Amended Reference Appears
458-4 (Article 601(b),
458-5 Vernon's Texas Civil
458-6 Statutes)"
458-7 (19) "Sections (19) "Sections (19) Section
458-8 1.02(2)(A) and (C), 2151.002(2)(A) and 552.270(b),
458-9 State Purchasing and (C), Government Government Code, as
458-10 General Services Act Code" added by Section
458-11 (Article 601b, 17, Chapter 693,
458-12 Vernon's Texas Civil Acts of the 74th
458-13 Statutes)" Legislature,
458-14 Regular Session,
458-15 1995
458-16 (20) "Section (20) "Section (20) Section
458-17 6.021, State 2165.104" 821.007, Government
458-18 Purchasing and Code
458-19 General Services Act
458-20 (Article 601b,
458-21 Vernon's Texas Civil
458-22 Statutes)"
458-23 (21) "Sections 1.03 (21) "Chapter 2161" (21) Section
458-24 and 3.10, of the 825.514, Government
458-25 State Purchasing and Code
458-26 General Services Act
458-27 (Article 601b,
458-28 Vernon's Texas Civil
458-29 Statutes)"
458-30 (22) "Section (22) "Section (22) Section
458-31 15.06(5), State 2162.102(c)(2), 223.042(c),
458-32 Purchasing and Government Code" Transportation Code
458-33 General Services Act
458-34 (Article 601b,
458-35 Vernon's Texas Civil
458-36 Statutes)"
458-37 (23) "Section (23) "Section (23) Sections
458-38 5.321, State 2166.404, Government 392.002(b) and (c),
458-39 Purchasing and Code" Transportation Code
458-40 General Services Act
458-41 (Article 601b,
458-42 Vernon's Texas Civil
459-1 Column A Column B Column C
459-2 Reference to New Reference Law in Which the
459-3 Be Amended Reference Appears
459-4 Statutes)"
459-5 ARTICLE 18. CHANGES RELATING TO SUBTITLE F, GENERAL
459-6 GOVERNMENT TITLE, GOVERNMENT CODE
459-7 SECTION 18.01. Section 2258.021, Government Code, is amended
459-8 to more closely conform to the law from which Chapter 2258,
459-9 Government Code, was derived to read as follows:
459-10 Sec. 2258.021. RIGHT TO BE PAID [DUTY OF GOVERNMENTAL
459-11 ENTITY TO PAY] PREVAILING WAGE RATES. (a) A [The state or any
459-12 political subdivision of the state shall pay a] worker employed on
459-13 a public work by [it] or on behalf of the state or a political
459-14 subdivision of the state shall be paid [it]:
459-15 (1) not less than the general prevailing rate of per
459-16 diem wages for work of a similar character in the locality in which
459-17 the work is performed; and
459-18 (2) not less than the general prevailing rate of per
459-19 diem wages for legal holiday and overtime work.
459-20 (b) Subsection (a) does not apply to maintenance work.
459-21 (c) A worker is employed on a public work for the purposes
459-22 of this section if the worker is employed by a contractor or
459-23 subcontractor in the execution of a contract for the public work
459-24 with the state, a political subdivision of the state, or any
459-25 officer or public body of the state or a political subdivision of
460-1 the state.
460-2 SECTION 18.02. Section 2258.022, Government Code, is amended
460-3 to more closely conform to the law from which Chapter 2258,
460-4 Government Code, was derived by adding Subsection (d) to read as
460-5 follows:
460-6 (d) The public body's determination of the general
460-7 prevailing rate of per diem wages is final.
460-8 ARTICLE 19. CHANGES RELATING TO SUBTITLE G, GENERAL GOVERNMENT
460-9 TITLE, GOVERNMENT CODE
460-10 SECTION 19.01. (a) Section 2308.002, Government Code, is
460-11 amended to conform to Section 11.11, Chapter 655, Acts of the 74th
460-12 Legislature, Regular Session, 1995, to read as follows:
460-13 Sec. 2308.002. DEFINITIONS. In this chapter:
460-14 (1) ["Administering state agency" means the agency
460-15 designated by the governor to administer the federal Job Training
460-16 Partnership Act (29 U.S.C. Section 1501 et seq.) in this state.]
460-17 [(2)] "Council" means the Council on Workforce and
460-18 Economic Competitiveness.
460-19 (2) "Division" means the division of workforce
460-20 development of the Texas Workforce Commission.
460-21 (3) "Local labor market" means an economically
460-22 integrated geographical area within which individuals may reside
460-23 and find employment within a reasonable distance.
460-24 (4) [(3)] "Workforce development" includes workforce
461-1 education and workforce training and services.
461-2 (5) [(4)] "Workforce education" means articulated
461-3 career-path programs and the constituent courses of those programs
461-4 that lead to initial or continuing licensing or certification or
461-5 associate degree-level accreditation and that:
461-6 (A) are subject to:
461-7 (i) [(A)] initial and ongoing state
461-8 approval or regional or specialized accreditation;
461-9 (ii) [(B)] a formal state evaluation that
461-10 provides the basis for program continuation or termination;
461-11 (iii) [(C)] state accountability and
461-12 performance standards; and
461-13 (iv) [(D)] a regional or statewide
461-14 documentation of the market demand for labor according to
461-15 employers' needs; or
461-16 (B) are subject to approval by the Texas Higher
461-17 Education Coordinating Board as adult vocational or continuing
461-18 education courses.
461-19 (6) [(5)] "Workforce training and services" means
461-20 training and services programs that are not workforce education.
461-21 (b) Section 11.11, Chapter 655, Acts of the 74th
461-22 Legislature, Regular Session, 1995, is repealed.
461-23 SECTION 19.02. (a) Section 2308.005, Government Code, is
461-24 amended to conform to Section 11.10, Chapter 655, Acts of the 74th
462-1 Legislature, Regular Session, 1995, to read as follows:
462-2 Sec. 2308.005. APPLICATION OF SUNSET ACT. The Council on
462-3 Workforce and Economic Competitiveness is subject to Chapter 325
462-4 (Texas Sunset Act). Unless continued in existence as provided by
462-5 that chapter, the council is abolished September 1, 1999 [2001].
462-6 (b) Section 11.10, Chapter 655, Acts of the 74th
462-7 Legislature, Regular Session, 1995, is repealed.
462-8 SECTION 19.03. (a) Section 2308.051, Government Code, is
462-9 amended to conform to Section 11.12, Chapter 655, Acts of the 74th
462-10 Legislature, Regular Session, 1995, to read as follows:
462-11 Sec. 2308.051. COUNCIL. (a) The Council on Workforce and
462-12 Economic Competitiveness [is a state agency that] acts as a state
462-13 human resource [resources] investment council under the Job
462-14 Training Reform Amendments of 1992 (29 U.S.C. Section 1792 [1501]
462-15 et seq.).
462-16 (b) The council is attached for administrative purposes to
462-17 the office of the governor.
462-18 (b) Section 11.12, Chapter 655, Acts of the 74th
462-19 Legislature, Regular Session, 1995, is repealed.
462-20 SECTION 19.04. (a) Section 2308.052(b), Government Code, is
462-21 amended to conform to Section 11.13, Chapter 655, Acts of the 74th
462-22 Legislature, Regular Session, 1995, to read as follows:
462-23 (b) The council is composed of:
462-24 (1) three [the following ex officio voting members:]
463-1 [(A) the commissioner of education;]
463-2 [(B) the commissioner of higher education;]
463-3 [(C) the commissioner of health and human
463-4 services;]
463-5 [(D) the executive director of the Texas
463-6 Department of Commerce; and]
463-7 [(E) the administrator of the Texas Employment
463-8 Commission;]
463-9 [(2) six] voting members who represent education, [at
463-10 least] one of whom represents local public education, one of whom
463-11 represents public postsecondary education, [one of whom represents
463-12 secondary vocational education,] and one of whom represents
463-13 [postsecondary] vocational education;
463-14 (2) five [(3) seven] voting members who represent
463-15 organized labor appointed from recommendations made by recognized
463-16 labor organizations;
463-17 (3) five [(4) seven] voting members who represent
463-18 business and industry, including business members serving on local
463-19 workforce development boards or private industry councils;
463-20 (4) two [(5) one] voting members [member] who
463-21 represent [represents a] community-based organizations
463-22 [organization]; and
463-23 (5) [(6) one voting member who represents a
463-24 joint-sponsored apprenticeship program as defined by the United
464-1 States Department of Labor's Bureau of Apprenticeship and Training
464-2 appointed from a list of three nominees submitted to the governor
464-3 by the Apprenticeship and Training Association of Texas;]
464-4 [(7) one voting member who represents a
464-5 community-based adult literacy organization;]
464-6 [(8) one voting member who represents adult basic and
464-7 continuing education programs;]
464-8 [(9) six voting members, each of whom represents not
464-9 more than one of the following categories:]
464-10 [(A) literacy groups;]
464-11 [(B) local welfare or public housing agencies;]
464-12 [(C) units of local government;]
464-13 [(D) adult education organizations;]
464-14 [(E) teachers or counselors;]
464-15 [(F) local service delivery organizations;]
464-16 [(G) special needs populations;]
464-17 [(H) rural and agricultural organizations;]
464-18 [(I) proprietary schools;]
464-19 [(J) members of the state legislature; and]
464-20 [(K) other groups and organizations; and]
464-21 [(10)] the following ex officio voting [nonvoting]
464-22 members:
464-23 (A) the chair of the State Board of Education;
464-24 (B) the chair of the Texas Higher Education
465-1 Coordinating Board;
465-2 (C) the presiding officer of the Texas Board of
465-3 Human Services;
465-4 (D) the presiding officer of the policy advisory
465-5 [governing] board of the Texas Department of Commerce; and
465-6 (E) the chair [chairman] of the Texas Workforce
465-7 [Employment] Commission[;]
465-8 [(F) the commissioner of the Texas
465-9 Rehabilitation Commission; and]
465-10 [(G) the executive director of the Texas
465-11 Commission for the Blind].
465-12 (b) Section 2308.052, Government Code, is amended to conform
465-13 to Section 11.13, Chapter 655, Acts of the 74th Legislature,
465-14 Regular Session, 1995, by adding Subsection (d) to read as follows:
465-15 (d) A member of the council who represents a community-based
465-16 organization may not be a provider of services.
465-17 (c) Section 11.13, Chapter 655, Acts of the 74th
465-18 Legislature, Regular Session, 1995, is repealed.
465-19 SECTION 19.05. (a) Section 2308.059, Government Code, is
465-20 amended to conform to Section 11.18, Chapter 655, Acts of the 74th
465-21 Legislature, Regular Session, 1995, to read as follows:
465-22 Sec. 2308.059. FISCAL AGENT. The office of the governor
465-23 shall [council may designate another state agency to] serve as the
465-24 council's fiscal agent [if the designated agent agrees to the
466-1 designation].
466-2 (b) Section 11.18, Chapter 655, Acts of the 74th
466-3 Legislature, Regular Session, 1995, is repealed.
466-4 SECTION 19.06. (a) Section 2308.060(c), Government Code, is
466-5 amended to conform to Section 11.19, Chapter 655, Acts of the 74th
466-6 Legislature, Regular Session, 1995, to read as follows:
466-7 (c) The executive director shall [may] adopt the
466-8 administrative and personnel procedures of the council's fiscal
466-9 agent [rather than adopt new procedures for the council].
466-10 (b) Section 11.19, Chapter 655, Acts of the 74th
466-11 Legislature, Regular Session, 1995, is repealed.
466-12 SECTION 19.07. (a) Section 2308.101, Government Code, is
466-13 amended to conform to Section 11.14, Chapter 655, Acts of the 74th
466-14 Legislature, Regular Session, 1995, to read as follows:
466-15 Sec. 2308.101. GENERAL DUTIES. The council shall:
466-16 (1) promote the development of a well-educated, highly
466-17 skilled workforce in this state [through literacy, adult basic
466-18 education, community education, apprenticeship, and
466-19 state-of-the-art occupational skills education and training
466-20 programs];
466-21 (2) [serve as an] advocate [for] the development of an
466-22 integrated workforce development system to provide quality services
466-23 addressing the needs of business and workers in this state;
466-24 (3) [promote and assist in the development of an
467-1 industry-based skills standards and certification system for
467-2 occupations requiring less than a baccalaureate-level education and
467-3 training;]
467-4 [(4) promote the development of workplaces of high
467-5 productivity in this state;]
467-6 [(5) recommend to the governor the components of a
467-7 school and training-to-work transition process;]
467-8 [(6)] recommend to the governor the designation or
467-9 redesignation of workforce development areas for the local planning
467-10 and delivery of workforce development;
467-11 (4) [(7)] identify and recommend to the governor
467-12 incentives to encourage the consolidation, on a regional labor
467-13 market basis, of:
467-14 (A) local boards, councils, and committees; and
467-15 (B) service delivery areas authorized under the
467-16 Job Training Partnership Act (29 U.S.C. Section 1501 et seq.);
467-17 (5) [(8) design and implement a combined state and
467-18 local planning process for the state's workforce training and
467-19 services;]
467-20 [(9)] review plans for local workforce training and
467-21 services and make recommendations to the governor for approval;
467-22 (6) evaluate [(10) implement a statewide system for
467-23 evaluating] the effectiveness of all workforce development using
467-24 the administrative records of the state's unemployment compensation
468-1 program and other sources as appropriate;
468-2 (7) [(11)] support research and demonstration projects
468-3 designed to develop new programs and approaches to service
468-4 delivery;
468-5 (8) recommend measures to [(12) provide for training
468-6 and professional development for council members, local chief
468-7 elected officials, local workforce development boards and staff,
468-8 and private industry councils and staff;]
468-9 [(13) serve as an advocate at the state and federal
468-10 levels for the local workforce development boards;]
468-11 [(14) establish and operate a comprehensive labor
468-12 market information system that serves employers, students, workers,
468-13 and state and local planning organizations;]
468-14 [(15)] ensure that occupational skills training is:
468-15 (A) provided in occupations that are locally in
468-16 demand; and
468-17 (B) directed toward high-skill and high-wage
468-18 jobs;
468-19 (9) monitor [(16) oversee] the operation of the
468-20 state's workforce development programs to assess the degree to
468-21 which these programs are effective in achieving state and local
468-22 goals and objectives;
468-23 (10) [(17)] develop and recommend to the governor
468-24 criteria for the establishment of local workforce development
469-1 boards; and
469-2 (11) [(18) develop objective criteria for granting
469-3 waivers allowed under this chapter;]
469-4 [(19) develop and recommend to the governor a plan to
469-5 ensure the accessibility of workforce development to clients that
469-6 includes a uniform statewide client application system to determine
469-7 an applicant's eligibility for workforce development for which
469-8 state or federal financial assistance is available; and]
469-9 [(20)] carry out the federal and state duties and
469-10 responsibilities of advisory councils under applicable federal and
469-11 state workforce development.
469-12 (b) Section 2308.104(a), Government Code, is amended to
469-13 conform to Section 11.14, Chapter 655, Acts of the 74th
469-14 Legislature, Regular Session, 1995, to read as follows:
469-15 (a) The council shall develop and recommend to the governor
469-16 a single strategic plan that establishes the framework for the
469-17 budgeting and operation of all workforce development programs,
469-18 including school to work transition programs, administered by
469-19 agencies represented on the council.
469-20 (c) Section 11.14, Chapter 655, Acts of the 74th
469-21 Legislature, Regular Session, 1995, is repealed.
469-22 SECTION 19.08. (a) Section 2308.102(c), Government Code, is
469-23 amended to conform to Section 11.17, Chapter 655, Acts of the 74th
469-24 Legislature, Regular Session, 1995, to read as follows:
470-1 (c) The council shall assume the responsibilities formerly
470-2 exercised by the following state advisory councils and committees:
470-3 (1) the State Job Training Coordinating Council;
470-4 (2) the Texas Council on Vocational Education;
470-5 (3) [the technical advisory committee to the State
470-6 Occupational Information Coordinating Council;]
470-7 [(4)] the Texas Literacy Council; and
470-8 (4) [(5)] the Apprenticeship and Training Advisory
470-9 Committee.
470-10 (b) Section 11.17, Chapter 655, Acts of the 74th
470-11 Legislature, Regular Session, 1995, is repealed.
470-12 SECTION 19.09. (a) Section 2308.106, Government Code, is
470-13 amended to conform to Section 11.23, Chapter 655, Acts of the 74th
470-14 Legislature, Regular Session, 1995, to read as follows:
470-15 Sec. 2308.106. DIVISION [COUNCIL] ASSISTANCE. The division
470-16 [council] shall assist a local workforce development board in
470-17 designing effective measures to accomplish the board's
470-18 responsibilities under Section 2308.302.
470-19 (b) Section 2308.253, Government Code, is amended to conform
470-20 to Section 11.23, Chapter 655, Acts of the 74th Legislature,
470-21 Regular Session, 1995, by adding Subsection (g) to read as follows:
470-22 (g) The chief elected officials designated under Subsection
470-23 (c) shall enter into a partnership agreement with the board to:
470-24 (1) select the grant recipient and the administrative
471-1 entity for the local workforce development area; and
471-2 (2) determine procedures for the development of the
471-3 local workforce development plan.
471-4 (c) Section 2308.302, Government Code, is amended to conform
471-5 to Section 11.23, Chapter 655, Acts of the 74th Legislature,
471-6 Regular Session, 1995, to read as follows:
471-7 Sec. 2308.302. RESPONSIBILITY OF BOARD. (a) A board is
471-8 directly responsible and accountable to the division [council] for
471-9 the planning and oversight of all workforce training and services
471-10 and the evaluation of all workforce development programs in the
471-11 workforce development area. A board shall ensure effective
471-12 outcomes consistent with statewide goals, objectives, and
471-13 performance standards approved by the governor.
471-14 (b) A board is directly responsible to the division for the
471-15 operational planning and administration of all workforce training
471-16 and services funded through the Texas Workforce Commission to the
471-17 local area [administering state agency].
471-18 (d) Section 2308.303, Government Code, is amended to conform
471-19 to Section 11.23, Chapter 655, Acts of the 74th Legislature,
471-20 Regular Session, 1995, to read as follows:
471-21 Sec. 2308.303. BOARD DUTIES. (a) A board shall:
471-22 (1) serve as a single point of contact for local
471-23 businesses to communicate their skill needs and to influence the
471-24 direction of all workforce development programs in the workforce
472-1 development area;
472-2 (2) serve as a private industry council under the Job
472-3 Training Partnership Act (29 U.S.C. Section 1501 et seq.);
472-4 (3) develop a local plan to address the workforce
472-5 development needs of the workforce development area that:
472-6 (A) is responsive to the goals, objectives, and
472-7 performance standards established by the governor;
472-8 (B) targets services to meet local needs,
472-9 including the identification of industries and employers likely to
472-10 employ workers who complete job training programs; and
472-11 (C) ensures that the workforce development
472-12 system, including the educational system, has the flexibility to
472-13 meet the needs of local businesses;
472-14 (4) [(3)] designate the board or another entity as the
472-15 board's fiscal agent to be responsible and accountable for the
472-16 management of all workforce development funds available to the
472-17 board;
472-18 (5) [(4)] create local career [workforce] development
472-19 centers under Section 2308.312;
472-20 (6) [(5)] review plans for workforce education to
472-21 ensure that the plans address the needs of local businesses and
472-22 recommend appropriate changes in the delivery of education
472-23 services;
472-24 (7) [(6)] assume the functions and responsibilities of
473-1 local workforce development advisory boards, councils, and
473-2 committees authorized by federal or state law, including private
473-3 industry councils, quality workforce planning committees, job
473-4 service employer committees, and local general vocational program
473-5 advisory committees;
473-6 (8) [(7)] monitor and evaluate the effectiveness of
473-7 the career [workforce] development centers, state agencies and
473-8 other contractors providing workforce training and services, and
473-9 vocational and technical education programs operated by local
473-10 education agencies and institutions of higher education to ensure
473-11 that performance is consistent with state and local goals and
473-12 objectives; and
473-13 (9) [(8)] promote cooperation and coordination among
473-14 public organizations, community organizations, and private
473-15 businesses providing workforce development[; and]
473-16 [(9) review applications for consistency with rules
473-17 developed by the Texas Department of Commerce for funds under the
473-18 smart jobs fund program under Subchapter J, Chapter 481].
473-19 (b) The board shall ensure that employment services are
473-20 provided for persons seeking employment in the local workforce
473-21 development area. The board shall contract with an appropriate
473-22 entity for the provision of services, or, if all necessary waivers
473-23 are granted, the board may provide the services directly.
473-24 (c) In performing its duties under this section [Subsection
474-1 (a)(9)], a board may provide to the division [department] relevant
474-2 labor market information and information regarding the availability
474-3 of existing workforce development.
474-4 (d) [(c)] A provider must respond to a change recommended by
474-5 a board under Subsection (a)(6) [(5)] not later than the 30th day
474-6 after the date the provider receives the recommendation.
474-7 (e) Section 11.23, Chapter 655, Acts of the 74th
474-8 Legislature, Regular Session, 1995, is repealed.
474-9 SECTION 19.10. (a) Section 2308.154, Government Code, is
474-10 amended to conform to Section 11.15, Chapter 655, Acts of the 74th
474-11 Legislature, Regular Session, 1995, to read as follows:
474-12 Sec. 2308.154. ANALYSIS. At least annually, the council
474-13 shall issue an analysis, by occupation and by the provider of the
474-14 job placement performance, of each workforce education program for
474-15 the previous one-year, three-year, and five-year periods to:
474-16 (1) each provider of workforce education or workforce
474-17 training and services;
474-18 (2) the Texas Higher Education Coordinating Board for
474-19 each provider of workforce education approved and administered by
474-20 the board; [and]
474-21 (3) each local workforce development board for each
474-22 provider of workforce training and services within the workforce
474-23 development area; and
474-24 (4) the division.
475-1 (b) Section 11.15, Chapter 655, Acts of the 74th
475-2 Legislature, Regular Session, 1995, is repealed.
475-3 SECTION 19.11. (a) Section 2308.203(a), Government Code, is
475-4 amended to conform to Section 11.20, Chapter 655, Acts of the 74th
475-5 Legislature, Regular Session, 1995, to read as follows:
475-6 (a) A state agency that is responsible for the
475-7 administration of human resources and workforce development in this
475-8 state shall implement a recommendation under this subchapter if the
475-9 recommendation does not violate a federal or state law[,
475-10 regulation, or rule].
475-11 (b) Section 11.20, Chapter 655, Acts of the 74th
475-12 Legislature, Regular Session, 1995, is repealed.
475-13 SECTION 19.12. (a) Section 2308.253, Government Code, is
475-14 amended to conform to Section 11.22, Chapter 655, Acts of the 74th
475-15 Legislature, Regular Session, 1995, to read as follows:
475-16 Sec. 2308.253. CREATION OF LOCAL WORKFORCE DEVELOPMENT
475-17 BOARDS. (a) The chief elected officials in a workforce
475-18 development area may form, in accordance with rules established by
475-19 the Texas Workforce Commission [council], a local workforce
475-20 development board to:
475-21 (1) plan and oversee the delivery of workforce
475-22 training and services; and
475-23 (2) evaluate workforce development in the workforce
475-24 development area.
476-1 (b) The authority granted under Subsection (a) does not give
476-2 a local workforce development board any direct authority or control
476-3 over workforce funds and programs in its workforce development
476-4 area, other than programs funded through that board.
476-5 (c) Before a local workforce development board may be
476-6 created, at least three-fourths of the chief elected officials in
476-7 the workforce development area who represent units of general local
476-8 government must agree to the creation of the board, including all
476-9 of the chief elected officials who represent units of general local
476-10 government that have populations of at least 200,000. The elected
476-11 officials who agree to the creation of the board must represent at
476-12 least 75 percent of the population of the workforce development
476-13 area.
476-14 (d) The chief elected officials shall consider the views of
476-15 all affected local organizations, including private industry
476-16 councils and quality workforce planning committees, before making a
476-17 final decision on the formation of a board.
476-18 (e) [(c)] An agreement on the formation of a board must be
476-19 in writing and must include:
476-20 (1) the purpose for the agreement;
476-21 (2) the process to be used to select the chief elected
476-22 official who will act on behalf of the other chief elected
476-23 officials;
476-24 (3) the process to be used to keep the chief elected
477-1 officials informed regarding local workforce development
477-2 activities;
477-3 (4) the initial size of the board;
477-4 (5) how resources allocated to the local workforce
477-5 development area are to be shared among the parties to the
477-6 agreement;
477-7 (6) [(4)] the process, consistent with applicable
477-8 federal and state law, for the appointment of the board members;
477-9 and
477-10 (7) [(5)] the terms of office of the board members.
477-11 (f) In a state planning area in which there is more than one
477-12 local workforce development area, the quality workforce planning
477-13 committee of that state planning area shall continue in existence
477-14 to provide labor market information for the entire state planning
477-15 area until local workforce development boards are certified in each
477-16 workforce development area in that state planning area.
477-17 (b) Section 2308.254(a), Government Code, is amended to
477-18 conform to Section 11.22, Chapter 655, Acts of the 74th
477-19 Legislature, Regular Session, 1995, to read as follows:
477-20 (a) A power or duty granted a board under this chapter may
477-21 not be exercised in a workforce development area until:
477-22 (1) the chief elected officials in that area agree on
477-23 the establishment of a board as provided by Section 2308.253(c);
477-24 and
478-1 (2) the board is certified by the governor.
478-2 (c) The heading to Section 2308.255, Government Code, is
478-3 amended to conform to Section 11.22, Chapter 655, Acts of the 74th
478-4 Legislature, Regular Session, 1995, to read as follows:
478-5 Sec. 2308.255. APPOINTMENT OF BOARD; LIABILITY OF BOARD
478-6 MEMBERS.
478-7 (d) Section 2308.255, Government Code, is amended to conform
478-8 to Section 11.22, Chapter 655, Acts of the 74th Legislature,
478-9 Regular Session, 1995, by adding Subsection (e) to read as follows:
478-10 (e) A member or former member of a board may not be held
478-11 personally liable for a claim, damage, loss, or repayment
478-12 obligation of federal or state funds that arises under this chapter
478-13 unless the act or omission that causes the claim, damage, loss, or
478-14 repayment obligation constitutes, on the part of the board member
478-15 or former board member:
478-16 (1) official misconduct;
478-17 (2) wilful disregard of the requirements of this
478-18 chapter; or
478-19 (3) gross negligence.
478-20 (e) Section 11.22, Chapter 655, Acts of the 74th
478-21 Legislature, Regular Session, 1995, is repealed.
478-22 SECTION 19.13. (a) Section 2308.262, Government Code, is
478-23 amended to conform to Section 11.26, Chapter 655, Acts of the 74th
478-24 Legislature, Regular Session, 1995, to read as follows:
479-1 Sec. 2308.262. BUDGET. A board shall adopt a budget for the
479-2 board that must be included in the local workforce development plan
479-3 submitted to the division [council].
479-4 (b) Section 2308.267(a), Government Code, is amended to
479-5 conform to Section 11.26, Chapter 655, Acts of the 74th
479-6 Legislature, Regular Session, 1995, to read as follows:
479-7 (a) A board may employ professional, technical, and support
479-8 staff to carry out its [strategic] planning, oversight, and
479-9 evaluation functions.
479-10 (c) Section 11.26, Chapter 655, Acts of the 74th
479-11 Legislature, Regular Session, 1995, is repealed.
479-12 SECTION 19.14. Section 2308.263, Government Code, is amended
479-13 to conform to Section 301.063, Labor Code, as amended by Section
479-14 11.02, Chapter 655, Acts of the 74th Legislature, Regular Session,
479-15 1995, to read as follows:
479-16 Sec. 2308.263. APPROVAL OF FISCAL AGENT. (a) The Texas
479-17 Workforce Commission [administering state agency] must approve the
479-18 fiscal agent selected by a board before any federal or state
479-19 workforce development funds may be disbursed to the board.
479-20 (b) The commission [agency] shall base its approval on an
479-21 audit of the financial capability of the fiscal agent to ensure
479-22 that fiscal controls and fund accounting procedures necessary to
479-23 guarantee the proper disbursal of and accounting for federal and
479-24 state funds are in place.
480-1 SECTION 19.15. Section 2308.269, Government Code, is amended
480-2 to conform to Section 301.063, Labor Code, as amended by Section
480-3 11.02, Chapter 655, Acts of the 74th Legislature, Regular Session,
480-4 1995, to read as follows:
480-5 Sec. 2308.269. SANCTIONS FOR LACK OF FISCAL ACCOUNTABILITY.
480-6 If, as a result of financial and compliance audits or for another
480-7 reason, the Texas Workforce Commission [administering state agency]
480-8 finds a substantial violation of a specific provision of this
480-9 chapter or another federal or state law or regulation and
480-10 corrective action has not been taken, the council shall:
480-11 (1) issue a notice of intent to revoke all or part of
480-12 the affected local plan;
480-13 (2) issue a notice of intent to cease immediately
480-14 reimbursement of local program costs; or
480-15 (3) impose a reorganization plan under Section
480-16 2308.268 for the local workforce development area.
480-17 SECTION 19.16. (a) Section 2308.304, Government Code, is
480-18 amended to conform to Section 11.24, Chapter 655, Acts of the 74th
480-19 Legislature, Regular Session, 1995, to read as follows:
480-20 Sec. 2308.304. LOCAL PLAN. (a) A board shall adopt a
480-21 single plan that includes the components specified in this section.
480-22 (b) The plan must include a strategic component that:
480-23 (1) assesses the labor market needs of the local
480-24 workforce development area;
481-1 (2) identifies existing workforce development
481-2 programs;
481-3 (3) evaluates the effectiveness of existing programs
481-4 and services; and
481-5 (4) sets broad goals and objectives for all workforce
481-6 development programs in the local area consistent with statewide
481-7 goals, objectives, and performance standards.
481-8 (c) The plan must include an operational component that
481-9 specifies how all of the resources available to the local workforce
481-10 development area from the Texas Workforce Commission will be used
481-11 to achieve the goals and objectives of the plan for the area. At a
481-12 minimum, this component must establish:
481-13 (1) the goals, objectives, and performance measures to
481-14 be used in overseeing and evaluating the operation of all workforce
481-15 training and services;
481-16 (2) the segments of the population targeted for
481-17 various services;
481-18 (3) the mix of services to be provided and how those
481-19 services are to be provided; and
481-20 (4) the structure of the local service delivery
481-21 system.
481-22 (d) Program resources included in the operational component
481-23 are [for the delivery of all workforce training and services in the
481-24 board's service area under the following]:
482-1 (1) job training programs funded under the Job
482-2 Training Partnership Act (29 U.S.C. Section 1501 et seq.) [Chapter
482-3 301, Labor Code];
482-4 (2) postsecondary vocational and technical job
482-5 training programs that are not part of approved courses or programs
482-6 that lead to licensing, certification, or an associate degree under
482-7 Chapters 61, [108,] 130, and 135, or Subchapter E, Chapter 88,
482-8 Education Code;
482-9 (3) adult education programs under Subchapter H,
482-10 Chapter 29 [Section 11.18], Education Code;
482-11 (4) employment services programs [apprenticeship
482-12 programs under Chapter 33, Education Code];
482-13 (5) [the trade adjustment assistance program under
482-14 Part 2, Subchapter II, Trade Act of 1974 (19 U.S.C. Section 2271 et
482-15 seq.);]
482-16 [(6) the senior citizens employment program under
482-17 Chapter 101, Human Resources Code;]
482-18 [(7) Subtitle A, Title 4, Labor Code;]
482-19 [(8)] literacy funds available to the state under the
482-20 National Literacy Act of 1991 (20 U.S.C. Section 1201 et seq.);
482-21 (6) [(9) the National and Community Service Act of
482-22 1990 (42 U.S.C. Section 12501 et seq.);]
482-23 [(10)] the job opportunities and basic skills program
482-24 under Part F, Subchapter IV, Social Security Act (42 U.S.C.
483-1 Section 682); and
483-2 (7) [(11)] the food stamp employment and training
483-3 program authorized under 7 U.S.C. Section 2015(d).
483-4 [(b) A local plan must identify:]
483-5 [(1) goals, objectives, and performance measures;]
483-6 [(2) the people and groups to be served;]
483-7 [(3) the types of services to be provided;]
483-8 [(4) the service providers; and]
483-9 [(5) the structure of the delivery system.]
483-10 (b) Section 11.24, Chapter 655, Acts of the 74th
483-11 Legislature, Regular Session, 1995, is repealed.
483-12 SECTION 19.17. (a) Section 2308.305, Government Code, is
483-13 amended to conform to Section 11.25, Chapter 655, Acts of the 74th
483-14 Legislature, Regular Session, 1995, to read as follows:
483-15 Sec. 2308.305. USE OF LABOR MARKET INFORMATION SYSTEM. A
483-16 board[, in conjunction with the council,] shall review, verify,
483-17 modify, and use local labor market information developed through
483-18 the state's [establish and operate an automated, interactive] labor
483-19 market information system to identify, by occupation, the labor
483-20 demand by employers in each workforce development area.
483-21 (b) Section 2308.308, Government Code, is amended to conform
483-22 to Section 11.25, Chapter 655, Acts of the 74th Legislature,
483-23 Regular Session, 1995, to read as follows:
483-24 Sec. 2308.308. PUBLIC COMMUNITY COLLEGE. A public community
484-1 college shall promptly provide workforce training and services that
484-2 are requested:
484-3 (1) by a board if the need for the training and
484-4 services is based on the [board's] labor market information system
484-5 available for the [board's] area;
484-6 (2) by employers located in the college's taxing
484-7 district when the request is presented directly to the college by
484-8 the employers or through the board; or
484-9 (3) as part of economic development incentives
484-10 designed to attract or retain an employer, including incentives
484-11 offered under the smart jobs fund program under Subchapter J,
484-12 Chapter 481.
484-13 (c) Section 11.25, Chapter 655, Acts of the 74th
484-14 Legislature, Regular Session, 1995, is repealed.
484-15 SECTION 19.18. (a) Subchapter G, Chapter 2308, Government
484-16 Code, is amended to conform to Section 11.27, Chapter 655, Acts of
484-17 the 74th Legislature, Regular Session, 1995, by adding Section
484-18 2308.3035 to read as follows:
484-19 Sec. 2308.3035. COMPONENTS OF LOCAL WORKFORCE DEVELOPMENT
484-20 SYSTEM. The local workforce development system is composed of two
484-21 major components as follows:
484-22 (1) an employer services component that provides labor
484-23 market information and services and other services as appropriate
484-24 to local employers; and
485-1 (2) an integrated service delivery system composed of
485-2 a network of career development centers that serve the people of
485-3 this state based on a "one-stop for service" approach and supported
485-4 by electronic access to comprehensive labor market information.
485-5 (b) Section 2308.312, Government Code, is amended to conform
485-6 to Section 11.27, Chapter 655, Acts of the 74th Legislature,
485-7 Regular Session, 1995, to read as follows:
485-8 Sec. 2308.312. CAREER [WORKFORCE] DEVELOPMENT CENTERS.
485-9 (a) A board shall establish career [workforce] development centers
485-10 accessible to students and[,] workers[, and employers] throughout
485-11 the workforce development area. The board shall establish the
485-12 centers not later than the 180th day after the date the board is
485-13 certified.
485-14 (b) Each center shall provide access to information and
485-15 services available in the workforce development area, including
485-16 employment services, and shall address the individual needs of
485-17 students and[,] workers[, and employers].
485-18 (c) The services [available at a center] must include:
485-19 (1) labor market information, including:
485-20 (A) [skills] available [in the workforce area;]
485-21 [(B)] job openings; and
485-22 (B) [(C)] education and[,] training[, and
485-23 employment] opportunities in the local area, in the state, and, as
485-24 feasible, in the nation;
486-1 (2) uniform eligibility requirements and application
486-2 procedures for all workforce training [development];
486-3 (3) independent assessment of individual needs and the
486-4 development of an individual service strategy;
486-5 (4) centralized and continuous case management and
486-6 counseling;
486-7 (5) individual referral for services, including basic
486-8 education, classroom skills training, on-the-job training, and
486-9 customized training; and
486-10 (6) support services, including child care assistance,
486-11 student loans, and other forms of financial assistance required to
486-12 participate in and complete training.
486-13 (c) Subchapter G, Chapter 2308, Government Code, is amended
486-14 to conform to Section 11.27, Chapter 655, Acts of the 74th
486-15 Legislature, Regular Session, 1995, by adding Sections 2308.3121
486-16 and 2308.3122 to read as follows:
486-17 Sec. 2308.3121. SERVICE PROVIDER LIMITATION; WAIVER. (a)
486-18 Except as provided by Subsection (b), a person who provides
486-19 one-stop services may not also provide developmental services such
486-20 as basic education and skills training.
486-21 (b) The division may develop a waiver process for a person
486-22 subject to Subsection (a). A request for a waiver must include a
486-23 detailed justification based on the lack of an existing qualified
486-24 alternative for delivery of developmental services in the
487-1 applicable workforce development area.
487-2 Sec. 2308.3122. UNEMPLOYMENT INSURANCE CLAIMS. In
487-3 cooperation with the boards, the Texas Workforce Commission shall
487-4 provide for the filing of unemployment insurance claims through
487-5 career development centers in each local workforce development
487-6 area.
487-7 (d) Section 2308.313, Government Code, is amended to conform
487-8 to Section 11.27, Chapter 655, Acts of the 74th Legislature,
487-9 Regular Session, 1995, to read as follows:
487-10 Sec. 2308.313. RIGHT TO KNOW. A career [workforce]
487-11 development center shall provide to each person, before the person
487-12 participates in a vocational or technical training program, a
487-13 document that informs the person of:
487-14 (1) current employment prospects; [and]
487-15 (2) the current wage level for a person who completes
487-16 the vocational or technical training program in which the person is
487-17 considering participating; and
487-18 (3) the most recent information available on the
487-19 performance of institutions that provide that training in the local
487-20 workforce development area.
487-21 (e) Section 11.27, Chapter 655, Acts of the 74th
487-22 Legislature, Regular Session, 1995, is repealed.
487-23 SECTION 19.19. (a) Chapter 2308, Government Code, is
487-24 amended to conform to Section 11.28, Chapter 655, Acts of the 74th
488-1 Legislature, Regular Session, 1995, by adding Subchapter H to read
488-2 as follows:
488-3 SUBCHAPTER H. SKILL STANDARDS BOARD
488-4 Sec. 2308.401. TEXAS SKILL STANDARDS BOARD. (a) The Texas
488-5 Skill Standards Board is an advisory board to the governor and the
488-6 legislature on the development of a statewide system of
488-7 industry-defined and industry-recognized skill standards and
488-8 credentials for all major skilled occupations that:
488-9 (1) provide strong employment and earnings
488-10 opportunities in this state; and
488-11 (2) require less than a baccalaureate degree.
488-12 (b) The skill standards board is composed of 11 members
488-13 appointed by and serving at the pleasure of the governor. The
488-14 skill standards board consists of the following members:
488-15 (1) seven members who represent business, two of whom
488-16 must be from business entities that employ fewer than 50 employees;
488-17 (2) two members who represent labor;
488-18 (3) one member who represents secondary education; and
488-19 (4) one member who represents postsecondary education.
488-20 (c) The governor shall appoint the presiding officer of the
488-21 skill standards board from the members who represent business. The
488-22 skill standards board shall meet at the call of the presiding
488-23 officer as often as necessary to accomplish its duties.
488-24 (d) A member of the skill standards board is not entitled to
489-1 compensation for service on the board but is entitled to
489-2 reimbursement for reasonable expenses incurred in performing duties
489-3 as a member of the board, subject to any applicable limitation in
489-4 the General Appropriations Act.
489-5 (e) Chapter 2110 does not apply to the skill standards
489-6 board.
489-7 Sec. 2308.402. DUTIES OF SKILL STANDARDS BOARD. (a) The
489-8 skill standards board shall:
489-9 (1) validate nationally established skill standards to
489-10 guide curriculum development, training, assessment, and
489-11 certification of workforce skills;
489-12 (2) convene industry groups to develop skill standards
489-13 and certification procedures for industries and occupations in
489-14 which standards have not been established or adopted;
489-15 (3) review the standards developed by other states and
489-16 foreign countries and enter into agreements for mutual recognition
489-17 of credentials to enhance portability of skills; and
489-18 (4) promote the use of standards and credentials among
489-19 employers.
489-20 (b) The board shall:
489-21 (1) report periodically to the governor; and
489-22 (2) provide annual reports to the governor, the
489-23 division, and the legislature.
489-24 Sec. 2308.403. STAFF SUPPORT. The council shall provide
490-1 staff support for the Texas Skill Standards Board as necessary.
490-2 (b) Section 11.28, Chapter 655, Acts of the 74th
490-3 Legislature, Regular Session, 1995, is repealed.
490-4 SECTION 19.20. (a) Section 2308.064, Government Code, is
490-5 repealed to conform to Section 11.21, Chapter 655, Acts of the 74th
490-6 Legislature, Regular Session, 1995.
490-7 (b) The following laws are repealed to conform to Section
490-8 11.29, Chapter 655, Acts of the 74th Legislature, Regular Session,
490-9 1995:
490-10 (1) Section 2308.062, Government Code;
490-11 (2) Section 2308.063, Government Code;
490-12 (3) Section 2308.157, Government Code;
490-13 (4) Section 2308.159, Government Code; and
490-14 (5) Section 2308.204, Government Code.
490-15 (c) Sections 11.21 and 11.29, Chapter 655, Acts of the 74th
490-16 Legislature, Regular Session, 1995, are repealed.
490-17 ARTICLE 20. CHANGES RELATING TO HEALTH AND SAFETY CODE
490-18 SECTION 20.01. Subchapter H, Chapter 285, Health and Safety
490-19 Code, as added by Chapters 46 and 444, Acts of the 74th
490-20 Legislature, Regular Session, 1995, is amended and reenacted to
490-21 read as follows:
490-22 SUBCHAPTER H. CONTRACTS, COLLABORATIONS, AND JOINT VENTURES
490-23 Sec. 285.091. HOSPITAL DISTRICT CONTRACTS, COLLABORATIONS,
490-24 AND JOINT VENTURES. (a) A hospital district created under general
491-1 or special law may contract, collaborate, or enter into a joint
491-2 venture with any public or private entity as necessary to form or
491-3 carry out the functions of or provide services to an
491-4 intergovernmental initiative under Section 16B, Article 4413(502),
491-5 Revised Statutes.
491-6 (b) A hospital district created under general or special law
491-7 may contract with the Texas Department of Health for the provision
491-8 of health care services and assistance, including preventive health
491-9 care services, to eligible residents of the district.
491-10 SECTION 20.02. Section 361.344(a), Health and Safety Code,
491-11 is amended to omit a reference to a repealed law to read as
491-12 follows:
491-13 (a) A person subject to a court injunction or an
491-14 administrative order issued under this chapter[, or a third person
491-15 identified by Section 361.192(c)] who acts to eliminate a release
491-16 or threatened release, in addition to having the right to file an
491-17 action for contribution or indemnity, or both, in an appeal
491-18 proceeding or in an action brought by the attorney general, may
491-19 bring suit in a district court to recover costs incurred to
491-20 eliminate the release or threatened release and other costs as the
491-21 court, in its discretion, considers reasonable.
491-22 ARTICLE 21. CHANGES RELATING TO HUMAN RESOURCES CODE
491-23 SECTION 21.01. (a) Subchapter A, Chapter 40, Human
491-24 Resources Code, is amended to conform to Section 20, Chapter 693,
492-1 Acts of the 74th Legislature, Regular Session, 1995, by adding
492-2 Section 40.007 to read as follows:
492-3 Sec. 40.007. REPORTING REQUIREMENT; PROFESSIONAL FEES. (a)
492-4 The department shall include in any report required by law
492-5 concerning the department's expenditures information relating to
492-6 fees for professional or consultative services provided for the
492-7 general administration of the department.
492-8 (b) The report required under Subsection (a) may not
492-9 include:
492-10 (1) professional fees paid for routine or special
492-11 examinations to determine an individual's eligibility for a program
492-12 administered by the department;
492-13 (2) professional fees for treatment, services, or care
492-14 for individual recipients; or
492-15 (3) fees for providing for the special needs of
492-16 individual recipients, including the provision of appliances.
492-17 (b) Section 20, Chapter 693, Acts of the 74th Legislature,
492-18 Regular Session, 1995, is repealed.
492-19 SECTION 21.02. (a) Subchapter C, Chapter 40, Human
492-20 Resources Code, is amended to conform to Section 1, Chapter 559,
492-21 Acts of the 74th Legislature, Regular Session, 1995, by adding
492-22 Section 40.0521 to read as follows:
492-23 Sec. 40.0521. RULES REGARDING DOMESTIC VIOLENCE. (a) The
492-24 department shall adopt and implement rules that require an
493-1 investigating employee to document indications of domestic
493-2 violence, including elder, spousal, and child abuse. The department
493-3 may develop forms to facilitate the documentation process.
493-4 (b) The department by rule shall require that written
493-5 information, printed in English and Spanish, concerning community
493-6 services that are available to victims of domestic violence be
493-7 distributed to those victims. The department may coordinate its
493-8 efforts under this subsection with local law enforcement agencies
493-9 already providing that information.
493-10 (c) The department shall include in its annual report
493-11 statistical compilations of information regarding domestic abuse
493-12 documented under Subsection (a).
493-13 (b) Section 1, Chapter 559, Acts of the 74th Legislature,
493-14 Regular Session, 1995, is repealed.
493-15 SECTION 21.03. (a) Subchapter C, Chapter 40, Human
493-16 Resources Code, is amended to conform to Section 98, Chapter 262,
493-17 Acts of the 74th Legislature, Regular Session, 1995, by adding
493-18 Section 40.0561 to read as follows:
493-19 Sec. 40.0561. COMMUNITY YOUTH DEVELOPMENT GRANTS.
493-20 (a) Subject to available funding, the department shall award
493-21 community youth development grants to communities identified by
493-22 incidence of crime. The department shall give priority in awarding
493-23 grants under this section to areas of the state in which there is a
493-24 high incidence of juvenile crime.
494-1 (b) The purpose of a grant under this section is to assist a
494-2 community in alleviating conditions in the family and community
494-3 that lead to juvenile crime.
494-4 (b) Section 98, Chapter 262, Acts of the 74th Legislature,
494-5 Regular Session, 1995, is repealed.
494-6 SECTION 21.04. (a) Subchapter C, Chapter 40, Human
494-7 Resources Code, is amended to conform to Section 6.09(a), Chapter
494-8 655, Acts of the 74th Legislature, Regular Session, 1995, by adding
494-9 Section 40.0562 to read as follows:
494-10 Sec. 40.0562. FEDERAL FUNDING FOR CERTAIN CHILDREN.
494-11 (a) For purposes of Medicaid eligibility only, the department
494-12 shall classify as a "child in substitute care" each child who is in
494-13 the conservatorship of the state and placed in the home of a
494-14 relative. A child classified as a "child in substitute care" under
494-15 this subsection is not automatically eligible to receive foster
494-16 care payments because of that classification.
494-17 (b) The department shall ensure that each time study used to
494-18 allocate costs identifies all costs incurred on behalf of a child
494-19 if the child's case plan clearly indicates that substitute care is
494-20 the planned arrangement for that child.
494-21 (c) The department shall claim federal financial
494-22 participation under Title IV-E, Social Security Act (42 U.S.C.
494-23 Section 670 et seq.), for all nonrecurring adoption expenses at the
494-24 highest rate authorized by federal law. The department shall
495-1 include all charges from state attorneys and state courts and any
495-2 applicable overhead. The department may claim the expenses as
495-3 either administrative or training expenses depending on which
495-4 classification results in a higher federal match.
495-5 (b) Section 6.09(a), Chapter 655, Acts of the 74th
495-6 Legislature, Regular Session, 1995, is repealed.
495-7 SECTION 21.05. Section 8.004(a), Chapter 76, Acts of the
495-8 74th Legislature, Regular Session, 1995, and Section 1.03, Chapter
495-9 970, Acts of the 74th Legislature, Regular Session, 1995, are
495-10 repealed as duplicative of Section 1, Chapter 920, Acts of the
495-11 74th Legislature, Regular Session, 1995.
495-12 SECTION 21.06. The heading of Section 132.003, Human
495-13 Resources Code, is amended to conform to Section 9.09, Chapter 655,
495-14 Acts of the 74th Legislature, Regular Session, 1995, and Section 9,
495-15 Chapter 885, Acts of the 74th Legislature, Regular Session, 1995,
495-16 to read as follows:
495-17 Sec. 132.003. LOCATION [CO-LOCATION] OF OFFICES AND
495-18 FACILITIES.
495-19 SECTION 21.07. (a) Section 132.003(a), Human Resources
495-20 Code, is amended to conform to Section 9.09, Chapter 655, Acts of
495-21 the 74th Legislature, Regular Session, 1995, and Section 9,
495-22 Chapter 885, Acts of the 74th Legislature, Regular Session, 1995,
495-23 to read as follows:
495-24 (a) As leases on office space expire, the Health and Human
496-1 Services Commission shall determine the needs for space and the
496-2 location of offices of the health and human services agencies to
496-3 enable the commission to achieve a cost-effective, one-stop or
496-4 service center method of service delivery. [On receiving approval
496-5 from the Health and Human Services Commission the administrative
496-6 heads of two or more health and human services agencies with
496-7 offices or facilities located in the same geographic region shall
496-8 co-locate the offices or facilities if the results of the
496-9 co-location study conducted by the agencies show that:]
496-10 [(1) client access would be enhanced;]
496-11 [(2) the cost of co-location is not greater than the
496-12 combined operating costs of the separate offices or facilities of
496-13 those agencies; and]
496-14 [(3) the co-location would improve the efficiency of
496-15 the delivery of services.]
496-16 (b) Section 9.09, Chapter 655, Acts of the 74th Legislature,
496-17 Regular Session, 1995, and Section 9, Chapter 885, Acts of the
496-18 74th Legislature, Regular Session, 1995, are repealed.
496-19 ARTICLE 22. CHANGES RELATING TO LABOR CODE
496-20 SECTION 22.01. Section 217.007, Labor Code, as added by
496-21 Section 2, Chapter 611, Acts of the 74th Legislature, Regular
496-22 Session, 1995, is redesignated as Section 306.007, Labor Code, to
496-23 conform to Section 11.06, Chapter 655, Acts of the 74th
496-24 Legislature, Regular Session, 1995, and amended to correct a
497-1 citation to read as follows:
497-2 Sec. 306.007 [217.007]. Provision of Information on State
497-3 Services for Ex-Offenders and Employers. (a) To assist in the
497-4 reintegration into the labor force of persons formerly sentenced to
497-5 the institutional division or the state jail division, the
497-6 commission through Project Rio shall provide:
497-7 (1) to those persons:
497-8 (A) information from local workforce development
497-9 boards on job training and employment referral services;
497-10 (B) information from the Texas Commission on
497-11 Alcohol and Drug Abuse on substance abuse treatment services;
497-12 (C) information from the Texas Department of
497-13 Housing and Community Affairs on housing services;
497-14 (D) information from the Texas Veterans
497-15 Commission on services for veterans; and
497-16 (E) information from the Texas Department of
497-17 Human Services on tax refund voucher programs under Subchapter D,
497-18 Chapter 31, Human Resources Code; and
497-19 (2) to the employers and potential employers of those
497-20 persons:
497-21 (A) information from the Texas Department of
497-22 Commerce on the enterprise zone program and smart jobs fund
497-23 program; and
497-24 (B) information from local workforce development
498-1 boards on services listed in Section 2308.304, Government Code
498-2 [4.05(a), Workforce and Economic Competitiveness Act (Article
498-3 5190.7a, Vernon's Texas Civil Statutes)].
498-4 (b) The commission shall adopt a memorandum of understanding
498-5 with each of the following agencies that establishes the respective
498-6 responsibilities of the commission and the agencies in providing
498-7 information described by Subsection (a) to persons formerly
498-8 sentenced to the institutional division or the state jail division
498-9 of the Texas Department of Criminal Justice, to employers or
498-10 potential employers of those persons, and to local workforce
498-11 development boards:
498-12 (1) the Texas Commission on Alcohol and Drug Abuse;
498-13 (2) the Texas Department of Housing and Community
498-14 Affairs;
498-15 (3) the Texas Veterans Commission;
498-16 (4) the Texas Department of Human Services;
498-17 (5) the Texas Department of Commerce; and
498-18 (6) the Council on Workforce and Economic
498-19 Competitiveness.
498-20 (c) The commission shall coordinate the development of the
498-21 memoranda of understanding and shall prepare an annual report
498-22 describing the number of ex-offenders in the preceding year
498-23 receiving services under each memorandum. The commission shall
498-24 file a copy of the annual report with the governor's office.
499-1 SECTION 22.02. Section 302.042, Labor Code, is amended to
499-2 correct a citation to read as follows:
499-3 Sec. 302.042. Review of Local Plans; Recommendations. The
499-4 commission shall review the local [workforce training and services]
499-5 plans developed under Section 2308.304, Government Code [4.05,
499-6 Workforce and Economic Competitiveness Act (Article 5190.7a,
499-7 Vernon's Texas Civil Statutes)], and shall make recommendations to
499-8 the council regarding the implementation of those plans.
499-9 SECTION 22.03. Section 306.005, Labor Code, is amended to
499-10 conform to Section 92, Chapter 262, Acts of the 74th Legislature,
499-11 Regular Session, 1995, and Section 3.018, Chapter 321, Acts of the
499-12 74th Legislature, Regular Session, 1995, to read as follows:
499-13 Sec. 306.005. Memorandum of Understanding--Contents. (a)
499-14 The memorandum of understanding between the department and the
499-15 commission must establish the role of:
499-16 (1) the institutional division and the state jail
499-17 division in ascertaining and encouraging an inmate's chances for
499-18 employment by:
499-19 (A) providing vocational and educational
499-20 assessment for the person while incarcerated;
499-21 (B) developing a skills enhancement program for
499-22 the person while incarcerated, in cooperation with other
499-23 governmental, educational, and private entities, using available
499-24 public or private financial resources authorized by statute; and
500-1 (C) referring the person on release to the
500-2 project through the person's parole officer or supervision officer;
500-3 (2) the community justice assistance division and the
500-4 pardons and paroles division of the department in:
500-5 (A) encouraging and referring persons to the
500-6 project; and
500-7 (B) ensuring that those persons participate in
500-8 the project and avail themselves of its services; and
500-9 (3) the commission in developing and maintaining a
500-10 statewide network for finding positions of employment that require
500-11 the skills possessed by project participants and in helping those
500-12 participants to secure employment.
500-13 (b) [(c)] The memorandum of understanding between the Texas
500-14 Youth Commission and the commission must establish the roles of the
500-15 institutional and community services division in the Texas Youth
500-16 Commission and the role of the commission in the same manner the
500-17 roles of the department and commission are established under
500-18 Subsection [Subsections] (a) [and (b)].
500-19 SECTION 22.04. Article 8308, Revised Statutes, is repealed
500-20 because of the liquidation of the Texas Employers' Insurance
500-21 Association.
500-22 ARTICLE 23. CHANGES RELATING TO LOCAL GOVERNMENT CODE
500-23 SECTION 23.01. Section 43.0565(b), Local Government Code, is
500-24 amended to correct a reference to read as follows:
501-1 (b) A municipality with a population of more than 1.5
501-2 million that includes within its boundaries annexed areas without
501-3 water service, sewer service, or both:
501-4 (1) shall develop a service plan that:
501-5 (A) must identify developed tracts in annexed
501-6 areas of the municipality that do not have water service, sewer
501-7 service, or both and must provide a procedure for providing water
501-8 service, sewer service, or both to those developed tracts;
501-9 (B) must establish a timetable for providing
501-10 service based on a priority system that considers potential health
501-11 hazards, population density, the number of existing buildings, the
501-12 reasonable cost of providing service, and the desires of the
501-13 residents;
501-14 (C) must include a capital improvements plan
501-15 committing the necessary financing;
501-16 (D) may relieve the municipality from an
501-17 obligation to provide water service, sewer service, or both in an
501-18 area described in the service plan if a majority of the households
501-19 in the area sign a petition stating they do not want to receive the
501-20 services; and
501-21 (E) may require property owners to connect to
501-22 service lines constructed to serve their area;
501-23 (2) shall provide water service, sewer service, or
501-24 both to at least 75 percent of the residential buildings in annexed
502-1 areas of the municipality that did not have water service, sewer
502-2 service, or both on September 1, 1991;
502-3 (3) shall provide water service to each area annexed
502-4 before January 1, 1993, if the area or subdivision as described in
502-5 the service plan contains at least 25 residences without water
502-6 service, unless a majority of the households in the area state in a
502-7 petition that they do not want municipal water service; and
502-8 (4) is subject to the penalty prescribed by Section
502-9 5.235(n)(6) [5.235(n)(7)(C)], Water Code, for the failure to
502-10 provide services.
502-11 SECTION 23.02. (a) Chapter 212, Local Government Code, is
502-12 amended to codify Article 1010a, Revised Statutes, by adding
502-13 Subchapter D to read as follows:
502-14 SUBCHAPTER D. REGULATION OF PROPERTY DEVELOPMENT
502-15 PROHIBITED IN CERTAIN CIRCUMSTANCES
502-16 Sec. 212.101. APPLICATION OF SUBCHAPTER TO CERTAIN HOME-RULE
502-17 MUNICIPALITY. This subchapter applies only to a home-rule
502-18 municipality that:
502-19 (1) has a charter provision allowing for
502-20 limited-purpose annexation; and
502-21 (2) has annexed territory for a limited purpose.
502-22 Sec. 212.102. DEFINITIONS. In this subchapter:
502-23 (1) "Affected area" means an area that is:
502-24 (A) in a municipality or a municipality's
503-1 extraterritorial jurisdiction;
503-2 (B) in a county other than the county in which a
503-3 majority of the territory of the municipality is located;
503-4 (C) within the boundaries of one or more school
503-5 districts other than the school district in which a majority of the
503-6 territory of the municipality is located; and
503-7 (D) within the area of or within 1,500 feet of
503-8 the boundary of an assessment road district in which there are two
503-9 state highways.
503-10 (2) "Assessment road district" means a road district
503-11 that has issued refunding bonds and that has imposed assessments on
503-12 each parcel of land under Section 2.018, Article 726, Revised
503-13 Statutes.
503-14 (3) "State highway" means a highway that is part of
503-15 the state highway system under Section 221.001, Transportation
503-16 Code.
503-17 Sec. 212.103. TRAFFIC OR TRAFFIC OPERATIONS. (a) A
503-18 municipality may not deny, limit, delay, or condition the use or
503-19 development of land, any part of which is within an affected area,
503-20 because of:
503-21 (1) traffic or traffic operations that would result
503-22 from the proposed use or development of the land; or
503-23 (2) the effect that the proposed use or development of
503-24 the land would have on traffic or traffic operations.
504-1 (b) In this section, an action to deny, limit, delay, or
504-2 condition the use or development of land includes a decision or
504-3 other action by the governing body of the municipality or by a
504-4 commission, board, department, agency, office, or employee of the
504-5 municipality related to zoning, subdivision, site planning, the
504-6 construction or building permit process, or any other municipal
504-7 process, approval, or permit.
504-8 (c) This subchapter does not prevent a municipality from
504-9 exercising its authority to require the dedication of right-of-way.
504-10 Sec. 212.104. PROVISION NOT ENFORCEABLE. A provision in a
504-11 covenant or agreement relating to land in an affected area that
504-12 would have the effect of denying, limiting, delaying, or
504-13 conditioning the use or development of the land because of its
504-14 effect on traffic or traffic operations may not be enforced by a
504-15 municipality.
504-16 Sec. 212.105. SUBCHAPTER CONTROLS. This subchapter controls
504-17 over any other law relating to municipal regulation of land use or
504-18 development based on traffic.
504-19 (b) Article 1010a, Revised Statutes, is repealed.
504-20 SECTION 23.03. (a) Subtitle C, Title 11, Local Government
504-21 Code, is amended to codify the Crime Control and Prevention
504-22 District Act (Article 2370c-4, Vernon's Texas Civil Statutes) by
504-23 adding Chapter 363 to read as follows:
504-24 CHAPTER 363. CRIME CONTROL AND PREVENTION DISTRICTS
505-1 SUBCHAPTER A. GENERAL PROVISIONS
505-2 Sec. 363.001. SHORT TITLE. This chapter may be cited as the
505-3 Crime Control and Prevention District Act.
505-4 Sec. 363.002. DEFINITIONS. In this chapter:
505-5 (1) "Board" means the board of directors of a
505-6 district.
505-7 (2) "Director" means a member of a board.
505-8 (3) "District" means a crime control and prevention
505-9 district created under this chapter.
505-10 Sec. 363.003. LIABILITY OF STATE. The state is not
505-11 obligated for the support, maintenance, or dissolution of a crime
505-12 control district created under this chapter.
505-13 (Sections 363.004-363.050 reserved for expansion
505-14 SUBCHAPTER B. CREATION OF DISTRICT AND TEMPORARY BOARD
505-15 Sec. 363.051. POLITICAL SUBDIVISIONS AUTHORIZED TO CREATE
505-16 DISTRICT. (a) The creation of a crime control and prevention
505-17 district may be proposed under this chapter by a majority vote of
505-18 the governing body of a:
505-19 (1) county with a population of more than 130,000; or
505-20 (2) municipality that is partially or wholly located
505-21 in a county with a population of more than one million.
505-22 (b) The governing body may create a district composed of all
505-23 or part of the political subdivision governed by that body. A
505-24 district created by a county may not contain area in more than one
506-1 county.
506-2 Sec. 363.052. TEMPORARY BOARD. (a) Not later than the 60th
506-3 day after the date a district is proposed to be created by a
506-4 governing body, the governing body shall appoint seven persons that
506-5 reside in the proposed district to serve as temporary directors of
506-6 the district.
506-7 (b) Not later than the 75th day after the date the district
506-8 is proposed, the temporary board shall organize. The directors of
506-9 the temporary board shall elect one of the directors as presiding
506-10 officer of the board not later than the 15th day after the date of
506-11 the appointments under Subsection (a).
506-12 (c) A temporary director who is not serving as presiding
506-13 officer may designate another person to serve in the director's
506-14 place.
506-15 (d) The governing body shall fill a vacancy in the office of
506-16 a temporary director in the same manner that it originally filled
506-17 the vacant position.
506-18 Sec. 363.053. ELECTION REQUIRED. A district proposed by the
506-19 governing body may be created and a tax may be authorized only if
506-20 the creation and the tax are approved by a majority of the
506-21 qualified voters of the proposed district voting at an election
506-22 called and held for that purpose.
506-23 Sec. 363.054. ELECTION ORDER. (a) After a majority of the
506-24 temporary directors of a proposed district have approved a budget
507-1 plan and a crime control plan in accordance with Section 363.061, a
507-2 majority of the temporary directors may order that a creation
507-3 election be held.
507-4 (b) An order calling an election under Subsection (a) must
507-5 state:
507-6 (1) the nature of the election, including the
507-7 proposition that is to appear on the ballot;
507-8 (2) the date of the election;
507-9 (3) the hours during which the polls will be open;
507-10 (4) the location of the polling places;
507-11 (5) in summary form, the approved budget plan and
507-12 crime control plan of the proposed district; and
507-13 (6) the proposed rate of the sales and use tax for the
507-14 district.
507-15 Sec. 363.055. SALES TAX: RATE; LIMITATION; MUNICIPAL
507-16 AUTHORITY. (a) The proposed rate for the district sales and use
507-17 tax imposed under Subchapter B, Chapter 323, Tax Code, may be only:
507-18 (1) one-fourth of one percent; or
507-19 (2) one-half of one percent.
507-20 (b) A sales and use tax approved under this chapter may be
507-21 charged in addition to any other sales and use tax authorized by
507-22 law and is included in computing a combined sales and use tax rate
507-23 for purposes of any limitation provided by law on the maximum
507-24 combined sales and use tax rate of political subdivisions.
508-1 (c) A municipality that creates a district shall adopt a
508-2 sales and use tax under Section 323.105, Tax Code, for financing
508-3 the operation of the district in the same manner as a county under
508-4 that section.
508-5 Sec. 363.056. NOTICE OF ELECTION. In addition to the notice
508-6 required by Section 4.003(c), Election Code, the temporary
508-7 directors of a proposed district shall give notice of an election
508-8 to create a district by publishing a substantial copy of the
508-9 election order in a newspaper with general circulation in the
508-10 proposed district once a week for two consecutive weeks. The first
508-11 publication must appear before the 35th day before the date set for
508-12 the election.
508-13 Sec. 363.057. ELECTION DATE. (a) The election shall be
508-14 held after the 34th day and before the 61st day after the date on
508-15 which the election is ordered.
508-16 (b) The requirement that an election be held on a uniform
508-17 election date as prescribed by Section 41.001(a), Election Code,
508-18 does not apply to an election creating a district under this
508-19 chapter.
508-20 Sec. 363.058. BALLOT PROPOSITION. The ballot for an
508-21 election to create a district shall be printed to permit voting for
508-22 or against the proposition: "The creation of the ________ (name of
508-23 the political subdivision proposing to create the district) Crime
508-24 Control and Prevention District dedicated to crime reduction
509-1 programs and the adoption of a proposed local sales and use tax at
509-2 a rate of ______ (rate specified in the election order)."
509-3 Sec. 363.059. CANVASSING RETURNS. (a) Not earlier than the
509-4 second day or later than the 13th day after the date of the
509-5 election, the temporary board of a proposed district shall meet and
509-6 canvass the returns of the election.
509-7 (b) If a majority of the votes cast favor the creation of
509-8 the district, the temporary board shall issue an order declaring
509-9 the district created.
509-10 (c) If less than a majority of the votes cast favor the
509-11 creation of the district, the temporary board may order another
509-12 election on the matter not earlier than the first anniversary of
509-13 the date of the preceding election.
509-14 Sec. 363.060. DISSOLUTION OF TEMPORARY BOARD. If a district
509-15 has not been created under this chapter before the fifth
509-16 anniversary of the date a district is proposed by the governing
509-17 body, the temporary board is dissolved on that date and a district
509-18 may not be created under this chapter.
509-19 Sec. 363.061. CRIME CONTROL PLAN AND BUDGET PLAN. (a) The
509-20 temporary board of a proposed district shall formulate and approve
509-21 a two-year crime control plan and a two-year budget plan. The
509-22 crime control plan must include:
509-23 (1) a detailed list of the crime control and crime
509-24 prevention strategies to be supported by the district; and
510-1 (2) the method of annually evaluating the
510-2 effectiveness and efficiency of individual crime control and crime
510-3 prevention strategies.
510-4 (b) The budget plan must include:
510-5 (1) the amount of money budgeted by the district for
510-6 each crime control and crime prevention strategy;
510-7 (2) the amount of money budgeted by the district and
510-8 the percentage of the total budget of the district for
510-9 administration, with individual amounts showing the cost of the
510-10 administration that would be conducted by the district and the cost
510-11 of administration that would be conducted by private or public
510-12 entities;
510-13 (3) the estimated amount of money available to the
510-14 district from all sources during the ensuing year;
510-15 (4) the amount of balances expected at the end of the
510-16 years for which the budget is prepared; and
510-17 (5) the estimated tax rate that will be required.
510-18 (c) The crime control plan and budget plan must be adopted
510-19 in the same manner as provided for adoption of a proposed annual
510-20 budget under Section 363.204.
510-21 (d) The temporary board shall coordinate its efforts with
510-22 local law enforcement officials, the local community supervision
510-23 and corrections department, and the local juvenile probation
510-24 department in developing its crime control plan and budget plan.
511-1 Sec. 363.062. FINANCING CREATION OF DISTRICT. (a) Except
511-2 as provided by Subsections (b) and (c), the costs of creating a
511-3 district by a county to be composed of the whole county shall be
511-4 allocated as follows:
511-5 (1) the county shall pay 40 percent;
511-6 (2) the municipality having the largest population in
511-7 the county shall pay 40 percent; and
511-8 (3) the municipality having the second largest
511-9 population in the county shall pay 20 percent.
511-10 (b) The county and the two municipalities may contract for a
511-11 division of the costs of creating a district that is different from
511-12 the division of costs described by Subsection (a).
511-13 (c) If a district is proposed for only a part of the county,
511-14 the county shall pay the entire cost of creating the district.
511-15 (d) A municipality creating a district shall pay the entire
511-16 cost of creating the district.
511-17 (e) If a district is created, the district shall reimburse
511-18 each political subdivision that paid creation costs for the actual
511-19 expenses the subdivision incurred in the creation of the district.
511-20 Sec. 363.063. DONATIONS, GIFTS, AND ENDOWMENTS. On behalf
511-21 of a district, the temporary board may accept donations, gifts, and
511-22 endowments to be held in trust for any purpose and under any
511-23 direction, limitation, or provision prescribed in writing by the
511-24 donor that is consistent with this chapter and the proper
512-1 management of the district.
512-2 (Sections 363.064-363.100 reserved for expansion
512-3 SUBCHAPTER C. DISTRICT ADMINISTRATION
512-4 Sec. 363.101. BOARD OF DIRECTORS. (a) A district is
512-5 governed by a board of seven directors appointed in the same manner
512-6 as provided for the selection of temporary directors under Section
512-7 363.052(a).
512-8 (b) Board members serve staggered two-year terms that expire
512-9 September 1, except that the initial appointees under this section
512-10 shall draw lots to determine:
512-11 (1) the three directors to serve terms that expire on
512-12 September 1 of the first year following creation of the district;
512-13 and
512-14 (2) the four directors to serve terms that expire on
512-15 September 1 of the second year following creation of the district.
512-16 (c) A director, other than the president or vice president,
512-17 may designate a person to serve in the director's absence.
512-18 (d) A vacancy in the office of director shall be filled for
512-19 the unexpired term in the same manner that the vacant position was
512-20 originally filled.
512-21 (e) A member of the board is not liable for civil damages or
512-22 criminal prosecution for any act performed in good faith in the
512-23 execution of duties as a board member or for an action taken by the
512-24 board.
513-1 Sec. 363.102. FILING OF OFFICER'S BOND. (a) Before
513-2 assuming the duties of the office, each director or officer,
513-3 including a person designated under Section 363.101(c), must
513-4 execute a bond for $5,000 payable to the district, conditioned on
513-5 the faithful performance of the person's duties as director or
513-6 officer.
513-7 (b) The bond shall be kept in the permanent records of the
513-8 district.
513-9 (c) The board may pay for the bonds of the directors or
513-10 officers with district funds.
513-11 (d) The board and the district may issue or sell bonds
513-12 conditioned on the faithful performance of a person's duties as a
513-13 director as provided by this section.
513-14 Sec. 363.103. OFFICERS. (a) The board shall elect from
513-15 among its members a president and vice president. The board shall
513-16 appoint a secretary. The secretary need not be a director. The
513-17 person who performs the duties of auditor for the political
513-18 subdivision shall serve as treasurer for the district.
513-19 (b) Each officer of the board serves for a term of one year.
513-20 (c) A vacancy in a board office shall be filled for the
513-21 unexpired term by the board.
513-22 Sec. 363.104. COMPENSATION. A director or officer serves
513-23 without compensation, but a director or officer may be reimbursed
513-24 for actual expenses incurred in the performance of official duties.
514-1 Those expenses must be reported in the district's minute book or
514-2 other district record and must be approved by the board.
514-3 Sec. 363.105. VOTING REQUIREMENT. A concurrence of a
514-4 majority of the members of the board is necessary in matters
514-5 relating to the business of a district. A two-thirds majority vote
514-6 of the board is required to reject any application for funding
514-7 available under this chapter.
514-8 Sec. 363.106. CONTRACT FOR ADMINISTRATIVE ASSISTANCE. The
514-9 board may contract with a public agency or private vendor to assist
514-10 in the administration or management of the district or to assist in
514-11 the review of applications for funding available under this
514-12 chapter.
514-13 (Sections 363.107-363.150 reserved for expansion
514-14 SUBCHAPTER D. POWERS AND DUTIES
514-15 Sec. 363.151. DISTRICT RESPONSIBILITIES; LIMITATIONS ON
514-16 EXPENDITURES. (a) The district may finance all the costs of a
514-17 crime control and crime prevention program, including the costs for
514-18 personnel, administration, expansion, enhancement, and capital
514-19 expenditures.
514-20 (b) The program may include police and law enforcement
514-21 related programs, including:
514-22 (1) a multijurisdiction crime analysis center;
514-23 (2) mobilized crime analysis units;
514-24 (3) countywide crime stoppers telephone lines;
515-1 (4) united property-marking programs;
515-2 (5) home security inspection programs;
515-3 (6) an automated fingerprint analysis center;
515-4 (7) an enhanced radio dispatch center;
515-5 (8) a computerized criminal history system;
515-6 (9) enhanced information systems programs;
515-7 (10) a drug and chemical disposal center;
515-8 (11) a county crime lab or medical examiner's lab; and
515-9 (12) a regional law enforcement training center.
515-10 (c) The program may include community-related crime
515-11 prevention strategies, including:
515-12 (1) block watch programs;
515-13 (2) a community crime resistance program;
515-14 (3) school-police programs;
515-15 (4) senior citizen community safety programs;
515-16 (5) senior citizen anticrime networks;
515-17 (6) citizen crime-reporting projects;
515-18 (7) home alert programs;
515-19 (8) a police-community cooperation program;
515-20 (9) a radio alert program; and
515-21 (10) ride along programs.
515-22 (d) The program may include specific treatment and
515-23 prevention programs, including:
515-24 (1) positive peer group interaction programs;
516-1 (2) drug and alcohol awareness programs;
516-2 (3) countywide family violence centers;
516-3 (4) work incentive programs;
516-4 (5) social learning centers;
516-5 (6) transitional aid centers and preparole centers;
516-6 (7) guided group interaction programs;
516-7 (8) social development centers;
516-8 (9) street gang intervention centers;
516-9 (10) predelinquency intervention centers;
516-10 (11) school relations bureaus;
516-11 (12) integrated community education systems;
516-12 (13) steered straight programs;
516-13 (14) probation subsidy programs;
516-14 (15) Juvenile Offenders Learn Truth (JOLT) programs;
516-15 (16) reformatory visitation programs;
516-16 (17) juvenile awareness programs;
516-17 (18) shock incarceration;
516-18 (19) shock probation;
516-19 (20) community restitution programs;
516-20 (21) team probation;
516-21 (22) electronic monitoring programs;
516-22 (23) community improvement programs;
516-23 (24) at-home arrest;
516-24 (25) victim restitution programs;
517-1 (26) additional probation officers; and
517-2 (27) additional parole officers.
517-3 (e) The program may include court and prosecution services,
517-4 including:
517-5 (1) court watch programs;
517-6 (2) community arbitration and mediation centers;
517-7 (3) night prosecutors programs;
517-8 (4) automated legal research systems;
517-9 (5) an automated court management system;
517-10 (6) a criminal court administrator;
517-11 (7) an automated court reporting system;
517-12 (8) additional district courts that are required by
517-13 law to give preference to criminal cases, judges, and staff; and
517-14 (9) additional prosecutors and staff.
517-15 (f) The program may include additional jails, jailers,
517-16 guards, and other necessary staff.
517-17 Sec. 363.152. COORDINATION; EVALUATION; GRANTS. (a) The
517-18 district shall coordinate its efforts with the local community
517-19 justice council in developing its crime control and crime
517-20 prevention program.
517-21 (b) The district shall fund an annual evaluation program to
517-22 study the impact, efficiency, and effectiveness of new or expanded
517-23 crime control and crime prevention programs.
517-24 (c) The board may seek the assistance of the Office of
518-1 State-Federal Relations in identifying and applying for federal
518-2 grants for criminal justice programs. The board shall notify the
518-3 appropriate council of government of any intent to submit
518-4 applications for federal funds and for inclusion in the regional
518-5 criminal justice planning process.
518-6 (d) The district may apply for and receive grants for
518-7 criminal and juvenile justice programs from the criminal justice
518-8 division in the governor's office.
518-9 Sec. 363.153. GENERAL BOARD POWER OVER FUNDS. The board
518-10 shall manage, control, and administer the district funds except as
518-11 provided by Section 363.205.
518-12 Sec. 363.154. USE OF REVENUE. (a) In a district created by
518-13 a county, the board, from the sales and use tax revenue distributed
518-14 to the district under Section 323.105, Tax Code, must budget, to
518-15 the extent practicable:
518-16 (1) not less than 49.75 percent of the revenue to
518-17 finance programs for which applications are submitted under Section
518-18 363.209(a);
518-19 (2) not less than 24.87 percent of the revenue to
518-20 finance programs for which applications are submitted under Section
518-21 363.209(b); and
518-22 (3) not less than 24.87 percent of the revenue to be
518-23 distributed under Subsection (b) or (d).
518-24 (b) In a district containing more than one municipality, the
519-1 funds under Subsection (a)(3) shall be apportioned to the
519-2 municipalities of the district based on a formula that averages the
519-3 proportionate percentage of:
519-4 (1) the population of a municipality to the total
519-5 population of the district;
519-6 (2) the index crime reported in each municipality in
519-7 the district to the total index crime reported in the district; and
519-8 (3) the sales tax generated by each municipality to
519-9 the total sales tax generated in the district based on the amount
519-10 collected during the preceding year.
519-11 (c) The regional council of governments of a county shall
519-12 compute the formula described by Subsection (b). The regional
519-13 council of governments shall provide the population estimates and
519-14 the index crime statistics that are required to compute the
519-15 formula. The regional council of governments shall provide the
519-16 district with a statement of the amounts that the district must
519-17 make available to each municipality in a district before the board
519-18 adopts the budget and at that time also shall provide the district
519-19 with a detailed summary of the computation.
519-20 (d) In a district containing only one municipality, the
519-21 funds under Subsection (a)(3) shall be apportioned to the
519-22 municipality.
519-23 (e) In a district created by a municipality, the board may
519-24 spend the revenue derived from the sales and use tax distributed
520-1 under Section 323.105, Tax Code, only for a purpose authorized by
520-2 Section 363.151.
520-3 (f) The budget distribution described by Subsection (a) or
520-4 (e) shall be computed after a county or municipality has been
520-5 properly reimbursed for expenses described by Section 363.062.
520-6 Sec. 363.155. RULES AND PROCEDURES. (a) A board may adopt
520-7 rules governing district-funded programs and the functions of
520-8 district staff.
520-9 (b) The board may prescribe accounting and control
520-10 procedures for the district.
520-11 (c) The board is subject to the administrative procedure
520-12 law, Chapter 2001, Government Code.
520-13 Sec. 363.156. PURCHASING. (a) Except as provided by
520-14 Subsection (b), the board may prescribe the method of making
520-15 purchases and expenditures by and for the district.
520-16 (b) To the extent competitive bidding procedures in Title 8
520-17 apply, the board may not enter purchasing contracts that involve
520-18 spending more than $15,000 unless the board complies with:
520-19 (1) Subchapter C, Chapter 262, if the district was
520-20 created by a county; or
520-21 (2) Chapter 252, if the district was created by a
520-22 municipality.
520-23 (c) If the political subdivision that created the district
520-24 has a purchasing agent authorized by law, that agent shall serve as
521-1 purchasing agent for the district.
521-2 Sec. 363.157. PROPERTY TO BE USED IN ADMINISTRATION. The
521-3 board may lease or acquire in another manner facilities, equipment,
521-4 or other property for the sole purpose of administering the
521-5 district.
521-6 Sec. 363.158. REIMBURSEMENT FOR SERVICES. (a) A county or
521-7 municipality located entirely outside the boundaries of the
521-8 district shall, on request, reimburse a district for the district's
521-9 cost of including in a district program a resident of that county
521-10 or municipality.
521-11 (b) The board may require reimbursement from the state for
521-12 the district's cost of including in a district program or facility
521-13 a person who is a resident of the state but is not a resident of
521-14 the district.
521-15 (c) On behalf of the district, the board may contract with a
521-16 municipal or county government or with the state or federal
521-17 government for the municipal, county, state, or federal government
521-18 to reimburse the district for including a person in a district
521-19 program.
521-20 Sec. 363.159. SERVICE CONTRACTS. When acting on behalf of
521-21 the district, the board may contract with the following entities to
521-22 furnish the staff, facilities, equipment, programs, and services
521-23 the board considers necessary for the effective operation of the
521-24 district:
522-1 (1) a municipality, county, special district, or other
522-2 political subdivision of the state;
522-3 (2) a state or federal agency;
522-4 (3) an individual; or
522-5 (4) an entity in the private sector.
522-6 Sec. 363.160. DONATIONS, GIFTS, AND ENDOWMENTS. On behalf
522-7 of the district, the board may accept donations, gifts, and
522-8 endowments to be held in trust for any purpose and under any
522-9 direction, limitation, or other provision prescribed in writing by
522-10 the donor that is consistent with this chapter and the proper
522-11 management of the district.
522-12 Sec. 363.161. AUTHORITY TO SUE AND BE SUED. The board may
522-13 sue and be sued in the name of the district.
522-14 (Sections 363.162-363.200 reserved for expansion
522-15 SUBCHAPTER E. DISTRICT FINANCES
522-16 Sec. 363.201. FISCAL YEAR. (a) The board shall establish
522-17 the fiscal year for the district, and the district shall operate on
522-18 the basis of that year.
522-19 (b) The fiscal year may not be changed more than once in a
522-20 24-month period.
522-21 Sec. 363.202. AUDITS AND DISTRICT RECORDS. (a) The board
522-22 shall have an annual audit made of the financial condition of the
522-23 district by an independent auditor.
522-24 (b) The annual audit and other district records shall be
523-1 open to inspection during regular business hours at the principal
523-2 office of the district.
523-3 Sec. 363.203. ANNUAL BUDGET PROPOSAL. (a) The board shall
523-4 propose an annual budget based on the apportionment described by
523-5 Section 363.154. The board shall consider the applications for
523-6 program funding in preparing the proposed budget.
523-7 (b) The proposed budget must contain a complete financial
523-8 statement, including a statement of:
523-9 (1) the outstanding obligations of the district;
523-10 (2) the amount of cash on hand to the credit of each
523-11 fund of the district;
523-12 (3) the amount of money received by the district from
523-13 all sources during the previous year;
523-14 (4) the estimated amount of money available to the
523-15 district from all sources during the current fiscal year;
523-16 (5) the amount of money needed to fund programs
523-17 approved for funding by the board;
523-18 (6) the amount of money requested for programs that
523-19 were not approved for funding by the board;
523-20 (7) the tax rate for the next fiscal year;
523-21 (8) the amount of the balances expected at the end of
523-22 the year in which the budget is being prepared; and
523-23 (9) the estimated amount of revenues and balances
523-24 available to cover the proposed budget.
524-1 Sec. 363.204. ADOPTION OF BUDGET BY BOARD. (a) Not later
524-2 than the 100th day before the date each fiscal year begins, the
524-3 board shall hold a public hearing on the proposed annual budget.
524-4 (b) The board shall publish notice of the hearing in a
524-5 newspaper with general circulation in the district not later than
524-6 the 10th day before the date of the hearing.
524-7 (c) Any resident of the district is entitled to be present
524-8 and participate at the hearing.
524-9 (d) Not later than the 80th day before the date each fiscal
524-10 year begins, the board shall adopt a budget. The board may make
524-11 any changes in the proposed budget that in its judgment the
524-12 interests of the taxpayers demand.
524-13 (e) Not later than the 10th day after the date the budget is
524-14 adopted, the board shall submit the budget to the governing body of
524-15 the political subdivision that created the district.
524-16 (f) The board by rule may adopt procedures for adopting a
524-17 budget different from the procedures outlined in this subchapter,
524-18 but the board must hold public hearings relating to the budget.
524-19 Sec. 363.205. APPROVAL OF BUDGET BY GOVERNING BODY OF
524-20 CREATING POLITICAL SUBDIVISION. (a) Not later than the 45th day
524-21 before the date each fiscal year begins, the governing body of the
524-22 political subdivision that created the district shall hold a public
524-23 hearing on the budget adopted by the board and submitted to the
524-24 governing body.
525-1 (b) The governing body must publish notice of the hearing in
525-2 a newspaper with general circulation in the district not later than
525-3 the 10th day before the date of the hearing.
525-4 (c) Any resident of the district is entitled to be present
525-5 and to participate at the hearing.
525-6 (d) Not later than the 30th day before the date the fiscal
525-7 year begins, the governing body shall approve or reject the budget
525-8 submitted by the board. The governing body may not amend the
525-9 budget.
525-10 (e) If the governing body rejects the budget submitted by
525-11 the board, the governing body and the board shall meet and together
525-12 amend and approve the budget before the beginning of the fiscal
525-13 year.
525-14 (f) The budget may be amended after the beginning of the
525-15 fiscal year on approval by the board and the governing body.
525-16 Sec. 363.206. LIMITATIONS ON EXPENDITURES AND INVESTMENTS.
525-17 (a) Money may be spent only for an expense included in the annual
525-18 budget or an amendment to it.
525-19 (b) A district may not incur a debt payable from revenues of
525-20 the district other than the revenues on hand or to be on hand in
525-21 the current or immediately following fiscal year of the district.
525-22 (c) The board may not invest district funds in funds or
525-23 securities other than those specified by Article 836 or 837,
525-24 Revised Statutes, or by Chapter 2256, Government Code.
526-1 Sec. 363.207. ACCOUNT OF DISBURSEMENTS OF DISTRICT. Not
526-2 later than the 60th day after the last day of each fiscal year, an
526-3 administrator shall prepare for the board a sworn statement of the
526-4 amount of money that belongs to the district and an account of the
526-5 disbursements of that money.
526-6 Sec. 363.208. DEPOSIT OF FUNDS. (a) The board shall
526-7 deposit district funds in a special account in the treasury of the
526-8 political subdivision that created the district.
526-9 (b) District funds, other than those invested as provided by
526-10 Section 363.206(c), shall be deposited as received in the treasury
526-11 of the political subdivision and must remain on deposit.
526-12 (c) The board shall reimburse the political subdivision for
526-13 any costs, other than personnel costs, the political subdivision
526-14 incurs for performing the duties under this section.
526-15 Sec. 363.209. APPLICATIONS FOR PROGRAM FUNDING. (a) An
526-16 officer of the political subdivision that created the district or
526-17 the head of a department of that political subdivision may, with
526-18 the consent of the political subdivision, apply to the board for
526-19 funding of a program as described by Section 363.151.
526-20 (b) If the district was created by a county, the chief
526-21 administrative officer of a municipality that is completely or
526-22 partly located within the district may, with the consent of the
526-23 governing body of the municipality, apply to the board for funding
526-24 of a program as described by Section 363.151.
527-1 (c) An application under this section must be submitted not
527-2 later than the 140th day before the date the fiscal year begins,
527-3 unless an exception has been adopted by rule.
527-4 (d) The board by rule may adopt application procedures.
527-5 Sec. 363.210. BONDS PROHIBITED. The board may not issue or
527-6 sell general obligation bonds, revenue bonds, or refunding bonds.
527-7 (Sections 363.211-363.250 reserved for expansion
527-8 SUBCHAPTER F. REFERENDUM ON CONTINUATION OR DISSOLUTION
527-9 OF DISTRICT
527-10 Sec. 363.251. REFERENDUM AUTHORIZED. (a) The board may
527-11 hold a referendum on the question of whether to:
527-12 (1) continue the district; or
527-13 (2) dissolve the district.
527-14 (b) A board may order a referendum authorized by this
527-15 subchapter on its own motion by a majority vote of its members.
527-16 (c) The board shall order a referendum authorized by this
527-17 subchapter:
527-18 (1) on presentation of a petition that requests
527-19 continuation or dissolution of the district and complies with the
527-20 requirements of Sections 363.252-363.256; or
527-21 (2) if a majority of the governing body of the
527-22 political subdivision that created the district by resolution
527-23 requests a referendum on continuation or dissolution after notice
527-24 and a public hearing on the matter.
528-1 (d) The board may not hold a referendum under this
528-2 subchapter earlier than the fifth anniversary of the date the
528-3 district was created or earlier than the third anniversary of the
528-4 date of the last continuation or dissolution referendum.
528-5 (e) For a continuation referendum, the ballot shall be
528-6 printed to permit voting for or against the proposition: "Whether
528-7 the ____________ (name of the political subdivision that created
528-8 the district) Crime Control and Prevention District should be
528-9 continued and the crime control and prevention district sales and
528-10 use tax should be continued."
528-11 (f) For a dissolution referendum, the ballot shall be
528-12 printed to permit voting for or against the proposition: "Whether
528-13 the ____________ (name of the political subdivision that created
528-14 the district) Crime Control and Prevention District should be
528-15 dissolved and the crime control and prevention district sales and
528-16 use tax should be abolished."
528-17 Sec. 363.252. APPLICATION FOR PETITION. (a) On written
528-18 application of 10 or more registered voters of the district, the
528-19 clerk of the political subdivision that created the district shall
528-20 issue to the applicants a petition to be circulated among
528-21 registered voters for their signatures.
528-22 (b) To be valid, an application for a petition to continue
528-23 the district must contain:
528-24 (1) the following heading: "Application for a
529-1 Petition for a Local Option Referendum to Continue the Crime
529-2 Control and Prevention District and to Continue the Crime Control
529-3 and Prevention District Sales and Use Tax";
529-4 (2) the following statement of the issue to be voted
529-5 on: "Whether the ____________ (name of the political subdivision
529-6 that created the district) Crime Control and Prevention District
529-7 should be continued and the crime control and prevention district
529-8 sales and use tax should be continued";
529-9 (3) the following statement immediately above the
529-10 signatures of the applicants: "It is the purpose and intent of the
529-11 applicants whose signatures appear below that the crime control and
529-12 prevention district be continued and the crime control and
529-13 prevention district sales and use tax in ____________ (name of the
529-14 political subdivision that created the district) be continued"; and
529-15 (4) the printed name, signature, residence address,
529-16 and voter registration certificate number of each applicant.
529-17 (c) To be valid, an application for a petition to dissolve
529-18 the district must contain:
529-19 (1) the following heading: "Application for a Petition
529-20 for a Local Option Referendum to Dissolve the Crime Control and
529-21 Prevention District and to Abolish the Crime Control and Prevention
529-22 District Sales and Use Tax";
529-23 (2) the following statement of the issue to be voted
529-24 on: "Whether the ____________ (name of the political subdivision
530-1 that created the district) Crime Control and Prevention District
530-2 should be dissolved and the crime control and prevention district
530-3 sales and use tax should be abolished";
530-4 (3) the following statement immediately above the
530-5 signatures of the applicants: "It is the purpose and intent of the
530-6 applicants whose signatures appear below that the crime control and
530-7 prevention district be dissolved and the crime control and
530-8 prevention district sales and use tax in ____________ (name of the
530-9 political subdivision that created the district) be abolished"; and
530-10 (4) the printed name, signature, residence address,
530-11 and voter registration certificate number of each applicant.
530-12 Sec. 363.253. PETITION. (a) To be valid, a petition for a
530-13 referendum to continue a district must contain:
530-14 (1) the following heading: "Petition for a Local
530-15 Option Referendum to Continue the ____________ (name of the
530-16 political subdivision that created the district) Crime Control and
530-17 Prevention District and to Continue the Crime Control and
530-18 Prevention District Sales and Use Tax";
530-19 (2) a statement of the issue to be voted on in the
530-20 same words used in the application;
530-21 (3) the following statement immediately above the
530-22 signatures of the petitioners: "It is the purpose and intent of
530-23 the petitioners whose signatures appear below that the crime
530-24 control and prevention district be continued and the crime control
531-1 and prevention district sales and use tax in ____________ (name of
531-2 the political subdivision that created the district) be continued";
531-3 (4) lines and spaces for the names, signatures,
531-4 residence addresses, and voter registration certificate numbers of
531-5 the petitioners; and
531-6 (5) the date of issuance, the serial number, and the
531-7 seal of the clerk of the political subdivision on each page.
531-8 (b) To be valid, a petition for a referendum to dissolve a
531-9 district must contain:
531-10 (1) the following heading: "Petition for a Local
531-11 Option Referendum to Dissolve the ____________ (name of the
531-12 political subdivision that created the district) Crime Control and
531-13 Prevention District and to Abolish the Crime Control and Prevention
531-14 District Sales and Use Tax";
531-15 (2) a statement of the issue to be voted on in the
531-16 same words used in the application;
531-17 (3) the following statement immediately above the
531-18 signatures of the petitioners: "It is the purpose and intent of
531-19 the petitioners whose signatures appear below that the crime
531-20 control and prevention district be dissolved and the crime control
531-21 and prevention district sales and use tax in ____________ (name of
531-22 the political subdivision that created the district) be abolished";
531-23 (4) lines and spaces for the names, signatures,
531-24 residence addresses, and voter registration certificate numbers of
532-1 the petitioners; and
532-2 (5) the date of issuance, the serial number, and the
532-3 seal of the clerk of the political subdivision on each page.
532-4 Sec. 363.254. COPIES OF APPLICATION AND PETITION. The clerk
532-5 of the political subdivision shall keep an application and a copy
532-6 of the petition in the files of the clerk's office. The clerk
532-7 shall issue to the applicants as many copies as they request.
532-8 Sec. 363.255. FILING OF PETITION. To form the basis for the
532-9 ordering of a referendum, the petition must:
532-10 (1) be filed with the clerk of the political
532-11 subdivision not later than the 60th day after the date of its
532-12 issuance; and
532-13 (2) contain at least a number of signatures of
532-14 registered voters of the political subdivision equal to five
532-15 percent of the number of votes cast in the political subdivision
532-16 for all candidates for governor in the most recent gubernatorial
532-17 general election.
532-18 Sec. 363.256. REVIEW BY CLERK. (a) The clerk of the
532-19 political subdivision shall, on the request of any person, check
532-20 each name on a petition to determine whether the signer is a
532-21 registered voter of the district. A person requesting verification
532-22 by the clerk shall pay the clerk a sum equal to 20 cents for each
532-23 name before the verification begins.
532-24 (b) The clerk may not count a signature if the clerk has a
533-1 reason to believe that:
533-2 (1) it is not the actual signature of the purported
533-3 signer;
533-4 (2) the voter registration certificate number is not
533-5 correct;
533-6 (3) it is a duplication either of a name or of
533-7 handwriting used in any other signature on the petition;
533-8 (4) the residence address of the signer is not
533-9 correct; or
533-10 (5) the name of the voter is not signed exactly as it
533-11 appears on the official copy of the current list of registered
533-12 voters for the voting year in which the petition is issued.
533-13 Sec. 363.257. CERTIFICATION. Not later than the 40th day
533-14 after the date a petition is filed, excluding Saturdays, Sundays,
533-15 and legal holidays, the clerk of the political subdivision shall
533-16 certify to the board the number of registered voters signing the
533-17 petition.
533-18 Sec. 363.258. ELECTION ORDER. (a) The board shall record
533-19 on its minutes the date the petition is filed and the date it is
533-20 certified by the clerk.
533-21 (b) If the petition contains the required number of
533-22 signatures and is in proper order, the board shall, at its next
533-23 regular session after the certification by the clerk, order a
533-24 referendum to be held at the regular polling place in each election
534-1 precinct in the political subdivision on the next uniform election
534-2 date authorized by Section 41.001(a), Election Code, that occurs at
534-3 least 20 days after the date of the order.
534-4 (c) The board shall state in the order the proposition to be
534-5 voted on in the referendum. The order is prima facie evidence of
534-6 compliance with all provisions necessary to give it validity.
534-7 Sec. 363.259. APPLICABILITY OF ELECTION CODE. A referendum
534-8 authorized by this subchapter shall be held and the returns shall
534-9 be prepared and canvassed in conformity with the Election Code.
534-10 Sec. 363.260. RESULTS OF REFERENDUM. (a) If less than a
534-11 majority of the votes cast in a continuation referendum are for the
534-12 continuation of a district or if a majority of the votes cast in a
534-13 dissolution referendum are for dissolution of the district:
534-14 (1) the board shall certify that fact to the secretary
534-15 of state not later than the 10th day after the date of the canvass
534-16 of the returns; and
534-17 (2) the district is dissolved and ceases to operate.
534-18 (b) If a majority of the votes cast in a continuation
534-19 referendum are for the continuation of the district or if less than
534-20 a majority of the votes cast in a dissolution referendum are for
534-21 dissolution of the district, another referendum may not be held
534-22 except as authorized by Section 363.251.
534-23 Sec. 363.261. ELECTION CONTEST. Not later than the 30th day
534-24 after the date the result of a referendum is declared, any
535-1 qualified voter of the district may contest the election by filing
535-2 a petition in a district court located in the district.
535-3 (Sections 363.262-363.300 reserved for expansion
535-4 SUBCHAPTER G. DISTRICT DISSOLUTION
535-5 Sec. 363.301. TIME FOR DISSOLUTION OF DISTRICT. (a) The
535-6 district is dissolved on the fifth anniversary of the date the
535-7 district was created if the district has not held a continuation or
535-8 dissolution referendum.
535-9 (b) The district is dissolved on the fifth anniversary of
535-10 the date of the most recent continuation or dissolution referendum.
535-11 Sec. 363.302. DISSOLUTION OF DISTRICT. (a) On the date
535-12 that the district is dissolved, the district shall convey or
535-13 transfer, as provided by Subsection (h):
535-14 (1) title to land, buildings, real and tangible
535-15 improvements, and equipment owned by the district;
535-16 (2) operating funds and reserves for operating
535-17 expenses and funds that have been budgeted by the district for the
535-18 remainder of the fiscal year in which the district is dissolved to
535-19 support crime control activities and programs for residents of the
535-20 political subdivision that created the district;
535-21 (3) taxes levied by the district during the current
535-22 year for crime control purposes;
535-23 (4) funds established for payment of indebtedness
535-24 assumed by the district; and
536-1 (5) any accumulated employee retirement funds.
536-2 (b) After the date the district is dissolved, the district
536-3 may not impose taxes for district purposes or for providing crime
536-4 control activities and programs for the residents of the district.
536-5 (c) If on the date that the district is dissolved the
536-6 district has outstanding short-term or long-term liabilities, the
536-7 board shall, not later than the 30th day after the date of the
536-8 dissolution, adopt a resolution certifying each outstanding
536-9 short-term and long-term liability. The political subdivision that
536-10 created the district shall assume the outstanding short-term and
536-11 long-term liabilities. The political subdivision shall collect the
536-12 sales and use tax under Section 323.105, Tax Code, for the
536-13 remainder of the calendar year and may by resolution of its
536-14 governing body continue to collect the tax for an additional
536-15 calendar year if the revenue from the tax is needed to retire
536-16 liabilities of the district that were assumed by the political
536-17 subdivision. The governing body shall notify the comptroller of
536-18 this continuation not later than the 60th day before the date the
536-19 tax would otherwise expire. Any tax collected after the
536-20 liabilities have been retired shall be transferred or conveyed as
536-21 provided by Subsection (a).
536-22 (d) The district and the board may continue to operate for a
536-23 period not to exceed two months after carrying out the
536-24 responsibilities required by Subsections (a) and (c). The board
537-1 and the district are continued in effect for the purpose of
537-2 satisfying these responsibilities.
537-3 (e) If the board and the district are continued in effect
537-4 under Subsection (d), the board and district are dissolved entirely
537-5 on the first day of the month following the month in which the
537-6 board issues an order certifying to the secretary of state that no
537-7 responsibilities of Subsections (a) and (c) are left unsatisfied.
537-8 (f) A district or board that continues to operate under
537-9 Subsection (d) may not incur any new liabilities without the
537-10 approval of the governing body of the political subdivision that
537-11 created the district. Not later than the 60th day after the date
537-12 of the dissolution referendum, the governing body shall review the
537-13 outstanding liabilities of the district and set a specific date by
537-14 which the political subdivision must retire the district's
537-15 outstanding liabilities.
537-16 (g) On the date that the district is dissolved,
537-17 district-funded programs, including additional courts, shall
537-18 immediately terminate and district-funded personnel, except
537-19 personnel required to retire the responsibilities of the district,
537-20 are terminated.
537-21 (h) In a district created by a county, the board shall
537-22 convey or transfer the value of the items described by Subsection
537-23 (a) following the apportionment formula described by Section
537-24 363.154(a). In a district created by a municipality, the board
538-1 shall convey or transfer the value of the items described by
538-2 Subsection (a) to the municipality.
538-3 (b) The Crime Control and Prevention District Act (Article
538-4 2370c-4, Vernon's Texas Civil Statutes) is repealed.
538-5 SECTION 23.04. (a) The chapter heading of Chapter 375,
538-6 Local Government Code, is amended to conform to Chapters 436, 491,
538-7 and 496, Acts of the 74th Legislature, Regular Session, 1995, and
538-8 Chapter 817, Acts of the 72nd Legislature, Regular Session, 1991,
538-9 to read as follows:
538-10 CHAPTER 375. MUNICIPAL MANAGEMENT DISTRICTS IN GENERAL
538-11 (b) Subtitle A, Title 12, Local Government Code, is amended
538-12 to codify Chapters 436, 491, and 496, Acts of the 74th Legislature,
538-13 Regular Session, 1995, and Chapter 817, Acts of the 72nd
538-14 Legislature, Regular Session, 1991, by adding Chapter 376 to read
538-15 as follows:
538-16 CHAPTER 376. SPECIFIC MUNICIPAL MANAGEMENT DISTRICTS
538-17 SUBCHAPTER A. HOUSTON DOWNTOWN MANAGEMENT DISTRICT
538-18 Sec. 376.001. CREATION OF DISTRICT. (a) A special district
538-19 to be known as the "Houston Downtown Management District" exists as
538-20 a governmental agency, body politic and corporate, and political
538-21 subdivision of the state.
538-22 (b) The name of the district may be changed by resolution of
538-23 the board.
538-24 (c) The creation of the district is essential to accomplish
539-1 the purposes of Section 52, Article III, Section 59, Article XVI,
539-2 and Section 52-a, Article III, Texas Constitution, and other public
539-3 purposes stated in this subchapter.
539-4 Sec. 376.002. DECLARATION OF INTENT. (a) The creation of
539-5 the district is necessary to promote, develop, encourage, and
539-6 maintain employment, commerce, transportation, housing, tourism,
539-7 recreation, arts, entertainment, economic development, safety, and
539-8 the public welfare in the downtown area of the municipality.
539-9 (b) The creation of the district and this legislation is not
539-10 to be interpreted to relieve the county or the municipality from
539-11 providing the level of services, as of August 28, 1995, to the area
539-12 in the district or to release the county or the municipality from
539-13 the obligations each entity has to provide services to that area.
539-14 The district is created to supplement and not supplant the
539-15 municipal or county services provided in the area in the district.
539-16 (c) By creating the district and in authorizing the
539-17 municipality, county, and other political subdivisions to contract
539-18 with the district, the legislature has established a program to
539-19 accomplish the public purposes set out in Section 52-a, Article
539-20 III, Texas Constitution.
539-21 Sec. 376.003. DEFINITIONS. In this subchapter:
539-22 (1) "Board" means the board of directors of the
539-23 district.
539-24 (2) "County" means Harris County, Texas.
540-1 (3) "District" means the Houston Downtown Management
540-2 District.
540-3 (4) "Municipality" means the City of Houston, Texas.
540-4 Sec. 376.004. BOUNDARIES. The district includes all the
540-5 territory contained in the following described area:
540-6 705 acres, more or less, in the J. Austin Survey, Abstract 1,
540-7 the J.S. Holman Survey, Abstract 323, the O. Smith Survey,
540-8 Abstract 696, and the J. Wells Survey, Abstract 832, Harris County,
540-9 Texas, more particularly described as follows:
540-10 BEGINNING at the intersection of the center line of the
540-11 right-of-way of Commerce Avenue with the center line of the
540-12 right-of-way of Austin Street;
540-13 Thence in a southwesterly direction with the center line of
540-14 the right-of-way of Austin street to the intersection with the
540-15 center line of the right-of-way of Capitol Avenue;
540-16 Thence in a southeasterly direction with the center line of
540-17 the right-of-way of Capitol Avenue to the intersection with the
540-18 center line of the right-of-way of Chartres Street;
540-19 Thence in a southwesterly direction with the center line of
540-20 the right-of-way of Chartres Street to the intersection with the
540-21 center line of the right-of-way of Clay Avenue;
540-22 Thence in a northwesterly direction with the center line of
540-23 the right-of-way of Clay Avenue to the intersection with the center
540-24 line of the right-of-way of Caroline Street;
541-1 Thence in a southwesterly direction with the center line of
541-2 the right-of-way of Caroline Street to the intersection with the
541-3 center line of the right-of-way of Pierce Avenue;
541-4 Thence in a northwesterly direction with the center line of
541-5 the right-of-way of Pierce Avenue to the intersection with the
541-6 center line of the right-of-way of Bagby Street;
541-7 Thence in a northeasterly direction with the center line of
541-8 the right-of-way of Bagby Street to the intersection with a
541-9 southerly projection of the west line of the right-of-way of Heiner
541-10 Street;
541-11 Thence in a northerly direction with the west line of the
541-12 right-of-way of Heiner Street and southerly and northerly
541-13 projections thereof to the intersection with the center line of the
541-14 right-of-way of W. Dallas Street;
541-15 Thence in a westerly direction with the center line of the
541-16 right-of-way of W. Dallas Street to the intersection with a
541-17 southerly projection of the west line of the right-of-way of Heiner
541-18 Street;
541-19 Thence in a northerly direction with the west line of the
541-20 right-of-way of Heiner Street and southerly and northerly
541-21 projections thereof to the intersection with the center line of the
541-22 right-of-way of Allen Parkway;
541-23 Thence in an easterly direction with the center line of the
541-24 right-of-way of Allen Parkway to the intersection with a southerly
542-1 projection of the center line of the right-of-way of Sabine Street;
542-2 Thence in a northerly direction with a southerly projection
542-3 of the center line of the right-of-way of Sabine Street and then
542-4 with the center line of the right-of-way of Sabine Street to the
542-5 intersection with the north right-of-way line of Memorial Drive;
542-6 Thence in an easterly direction with the north right-of-way
542-7 line of Memorial Drive to the intersection with the west
542-8 right-of-way line of Interstate Highway 45;
542-9 Thence in a northeasterly direction with the west
542-10 right-of-way line of Interstate Highway 45 to the intersection with
542-11 the center line of the right-of-way of Franklin Avenue;
542-12 Thence in an easterly direction with the center line of the
542-13 right-of-way of Franklin Avenue to the intersection with a
542-14 southerly projection of the center line of the northbound ramp to
542-15 Interstate Highway 10, a continuation of Louisiana Street;
542-16 Thence in a northerly direction with the center line of the
542-17 right-of-way of the northbound ramp to Interstate Highway 10 and
542-18 the southerly projection thereof, to the intersection with the
542-19 center line of the Southern Pacific Rail Road's "Main Passenger
542-20 Line" right-of-way;
542-21 Thence in an easterly direction with the center line of the
542-22 Southern Pacific Rail Road's "Main Passenger Line" right-of-way to
542-23 the intersection with the center line of the right-of-way of North
542-24 San Jacinto Street;
543-1 Thence in a southerly direction with the center line of the
543-2 right-of-way of North San Jacinto Street to the intersection with
543-3 the center line of the right-of-way of Commerce Avenue;
543-4 Thence in a southeasterly direction with the center line of
543-5 the right-of-way of Commerce Avenue to The Point of Beginning,
543-6 containing 705 acres, more or less, including, without limitation,
543-7 all air space above and all subsurface below said property.
543-8 Sec. 376.005. FINDINGS RELATING TO BOUNDARIES. The
543-9 boundaries and field notes of the district form a closure. If a
543-10 mistake is made in the field notes or in copying the field notes in
543-11 the legislative process, the mistake does not in any way affect
543-12 the:
543-13 (1) organization, existence, and validity of the
543-14 district;
543-15 (2) right of the district to issue any type of bonds
543-16 or refunding bonds for the purposes for which the district is
543-17 created or to pay the principal of and interest on the bonds;
543-18 (3) right of the district to impose and collect
543-19 assessments or taxes; or
543-20 (4) legality or operation of the district or its
543-21 governing body.
543-22 Sec. 376.006. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
543-23 All the land and other property included in the district will be
543-24 benefited by the improvements and services to be provided by the
544-1 district under powers conferred by Section 52, Article III, Section
544-2 59, Article XVI, and Section 52-a, Article III, Texas Constitution,
544-3 and other powers granted under this subchapter, and the district is
544-4 created to serve a public use and benefit.
544-5 (b) The creation of the district is in the public interest
544-6 and is essential to:
544-7 (1) further the public purposes of the development and
544-8 diversification of the economy of the state; and
544-9 (2) eliminate unemployment and underemployment and
544-10 develop or expand transportation and commerce.
544-11 (c) The district will:
544-12 (1) promote the health, safety, and general welfare of
544-13 residents, employers, employees, visitors, consumers in the
544-14 district, and the general public;
544-15 (2) provide needed funding for the municipal downtown
544-16 area to preserve, maintain, and enhance the economic health and
544-17 vitality of the area as a community and business center; and
544-18 (3) further promote the health, safety, welfare, and
544-19 enjoyment of the public by providing pedestrian ways and by
544-20 landscaping and developing certain areas in the district, which are
544-21 necessary for the restoration, preservation, and enhancement of
544-22 scenic and aesthetic beauty.
544-23 (d) Pedestrian ways along or across a street, whether at
544-24 grade or above or below the surface, and street lighting, street
545-1 landscaping, and street art objects are parts of and necessary
545-2 components of a street and are considered to be a street or road
545-3 improvement.
545-4 (e) The district will not act as the agent or
545-5 instrumentality of any private interest even though many private
545-6 interests will be benefited by the district, as will the general
545-7 public.
545-8 Sec. 376.007. APPLICATION OF OTHER LAW. Except as otherwise
545-9 provided by this subchapter, Chapter 375 applies to the district.
545-10 Sec. 376.008. CONSTRUCTION OF SUBCHAPTER. This subchapter
545-11 shall be liberally construed in conformity with the findings and
545-12 purposes stated in this subchapter.
545-13 Sec. 376.009. BOARD OF DIRECTORS IN GENERAL. (a) The
545-14 district is governed by a board of 30 directors who serve staggered
545-15 terms of four years with seven or eight members' terms expiring
545-16 June 1 of each year.
545-17 (b) Subchapter D, Chapter 375, applies to the board to the
545-18 extent that subchapter does not conflict with this subchapter.
545-19 Sec. 376.010. APPOINTMENT OF DIRECTORS; VACANCY. (a) The
545-20 mayor and members of the governing body of the municipality shall
545-21 appoint directors from persons recommended by the board. A vacancy
545-22 in the office of director because of the death, resignation, or
545-23 removal of a director shall be filled by the remaining members of
545-24 the board by appointing a qualified person for the unexpired term.
546-1 (b) A person may not be appointed to the board if the
546-2 appointment of that person would result in less than two-thirds of
546-3 the board members being residents of the municipality.
546-4 Sec. 376.011. EX OFFICIO MEMBERS OF BOARD OF DIRECTORS. (a)
546-5 The directors of the parks and recreation, planning and
546-6 development, public works, and civic center departments of the
546-7 municipality, the chief of police of the municipality, and the
546-8 general manager of the metropolitan transit authority of the county
546-9 each shall serve as a nonvoting ex officio member of the board.
546-10 (b) If any of the departments described by Subsection (a)
546-11 are consolidated, renamed, changed, or abolished, the board may
546-12 appoint the directors of the consolidated, renamed, or changed
546-13 departments as nonvoting ex officio members of the board or the
546-14 board may appoint a representative of another department of the
546-15 municipality that performs duties comparable to those performed by
546-16 the abolished department.
546-17 (c) The board may appoint the presiding officers of other
546-18 nonprofit corporations actively involved in downtown activities in
546-19 the municipality to serve as nonvoting ex officio members of the
546-20 board.
546-21 Sec. 376.012. POWERS OF DISTRICT. (a) The district has:
546-22 (1) all powers necessary or required to accomplish the
546-23 purposes for which the district was created;
546-24 (2) the rights, powers, privileges, authority, and
547-1 functions of a district created under Chapter 375;
547-2 (3) the powers given to a corporation under Section
547-3 4B, the Development Corporation Act of 1979 (Article 5190.6,
547-4 Vernon's Texas Civil Statutes) and the power to own, operate,
547-5 acquire, construct, lease, improve, and maintain projects, other
547-6 than a domed football stadium, described by that section;
547-7 (4) the power of a housing finance corporation created
547-8 under Chapter 394 to provide housing or residential development
547-9 projects in the district;
547-10 (5) the power to impose ad valorem taxes, assessments,
547-11 or impact fees in accordance with Chapter 375 to provide
547-12 improvements and services for a project or activity the district is
547-13 authorized to acquire, construct, improve, or provide under this
547-14 subchapter; and
547-15 (6) the power to correct, add to, or delete
547-16 assessments from its assessment rolls after notice and hearing as
547-17 provided by Subchapter F, Chapter 375.
547-18 (b) The district may not impose a sales and use tax and may
547-19 not acquire property through eminent domain.
547-20 Sec. 376.013. EXPENSES AND LIABILITY FOR CERTAIN ACTIONS
547-21 AFFECTING PROPERTY. (a) If the district, in exercising a power
547-22 conferred by this subchapter, requires a relocation, adjustment,
547-23 raising, lowering, rerouting, or changing of the grade or the
547-24 construction of any of the following items, the district must take
548-1 that required action at the sole expense of the district:
548-2 (1) a street, alley, highway, overpass, underpass,
548-3 road, railroad track, bridge, facility, or other property;
548-4 (2) an electric line, conduit, facility, or other
548-5 property;
548-6 (3) a telephone or telegraph line, conduit, facility,
548-7 or other property;
548-8 (4) a gas transmission or distribution pipe, pipeline,
548-9 main, facility, or other property;
548-10 (5) a water, sanitary sewer, or storm sewer pipe,
548-11 pipeline, main, facility, or other property;
548-12 (6) a cable television line, cable, conduit, facility,
548-13 or other property; or
548-14 (7) another pipeline, facility, or other property
548-15 relating to the pipeline.
548-16 (b) The district shall bear damages that are suffered by
548-17 owners of the facility or other property.
548-18 Sec. 376.014. RELATION TO OTHER LAW. If any provision of a
548-19 law referenced in Section 376.012 is in conflict with or is
548-20 inconsistent with this subchapter, this subchapter prevails. Any
548-21 law referenced in this subchapter that is not in conflict or
548-22 inconsistent with this subchapter is adopted and incorporated by
548-23 reference.
548-24 Sec. 376.015. REQUIREMENTS FOR FINANCING SERVICES AND
549-1 IMPROVEMENTS. The board may not finance services and improvement
549-2 projects under this subchapter unless a written petition requesting
549-3 those improvements or services has been filed with the board. The
549-4 petition must be signed by:
549-5 (1) the owners of a majority of the assessed value of
549-6 real property in the district as determined by the most recent
549-7 certified county property tax rolls; or
549-8 (2) at least 50 persons who own land in the district,
549-9 if there are more than 50 persons who own property in the district
549-10 as determined by the most recent certified county property tax
549-11 rolls.
549-12 Sec. 376.016. PROHIBITED EXEMPTIONS. A single family
549-13 residential property or a residential duplex, triplex, quadruplex,
549-14 or condominium may not be exempt from the imposition of a tax, an
549-15 impact fee, or an assessment if the tax, impact fee, or assessment
549-16 is imposed in accordance with this subchapter.
549-17 Sec. 376.017. NONPROFIT CORPORATION. (a) The board by
549-18 resolution may authorize the creation of a nonprofit corporation to
549-19 assist and act on behalf of the district in implementing a project
549-20 or providing a service authorized by this subchapter.
549-21 (b) The board shall appoint the board of directors of a
549-22 nonprofit corporation created under this section. The board of
549-23 directors of the nonprofit corporation shall serve in the same
549-24 manner as, for the same term as, and on the conditions of the board
550-1 of directors of a local government corporation created under
550-2 Chapter 431, Transportation Code.
550-3 (c) A nonprofit corporation created under this section has
550-4 the powers of and is considered for purposes of this subchapter to
550-5 be a local government corporation created under Chapter 431,
550-6 Transportation Code.
550-7 (d) A nonprofit corporation created under this section may
550-8 implement any project and provide any services authorized by this
550-9 subchapter.
550-10 Sec. 376.018. DISBURSEMENTS OR TRANSFERS OF FUNDS. The
550-11 board by resolution shall establish the number of directors'
550-12 signatures and the procedure required for a disbursement or
550-13 transfer of the district's money.
550-14 Sec. 376.019. BONDS. (a) The district may issue bonds or
550-15 other obligations payable in whole or in part from ad valorem
550-16 taxes, assessments, impact fees, revenues, grants, or other money
550-17 of the district, or any combination of those sources of money, to
550-18 pay for any authorized purpose of the district, other than to
550-19 finance a domed football stadium.
550-20 (b) Bonds or other obligations of the district may be issued
550-21 in the form of bonds, notes, certificates of participation,
550-22 including other instruments evidencing a proportionate interest in
550-23 payments to be made by the district, or other obligations that are
550-24 issued in the exercise of the district's borrowing power and may be
551-1 issued in bearer or registered form or not represented by an
551-2 instrument but the transfer of which is registered on books
551-3 maintained by or on behalf of the district.
551-4 (c) Except as provided by Subsection (d), the district must
551-5 obtain the municipality's approval of:
551-6 (1) the issuance of bonds for an improvement project;
551-7 and
551-8 (2) the plans and specifications of the improvement
551-9 project to be financed by the bonds.
551-10 (d) If the district obtains the municipality's approval of a
551-11 capital improvements budget for a specified period not to exceed
551-12 five years, the district may finance the capital improvements and
551-13 issue bonds specified in the budget without further municipal
551-14 approval.
551-15 (e) Before the district issues bonds, the district shall
551-16 submit the bonds and the record of proceedings of the district
551-17 relating to authorization of the bonds to the attorney general for
551-18 approval as provided by Chapter 53, Acts of the 70th Legislature,
551-19 2nd Called Session, 1987 (Article 717k-8, Vernon's Texas Civil
551-20 Statutes).
551-21 Sec. 376.020. ASSESSMENTS. (a) The board may impose and
551-22 collect an assessment for any purpose authorized by this
551-23 subchapter.
551-24 (b) Assessments, reassessments, or assessments resulting
552-1 from an addition to or correction of the assessment roll by the
552-2 district, penalties and interest on an assessment or reassessment,
552-3 expenses of collection, and reasonable attorney's fees incurred by
552-4 the district:
552-5 (1) are a first and prior lien against the property
552-6 assessed;
552-7 (2) are superior to any other lien or claim other than
552-8 a lien or claim for county, school district, or municipal ad
552-9 valorem taxes; and
552-10 (3) are the personal liability of and charge against
552-11 the owners of the property even if the owners are not named in the
552-12 assessment proceedings.
552-13 (c) The lien is effective from the date of the resolution of
552-14 the board levying the assessment until the assessment is paid. The
552-15 board may enforce the lien in the same manner that the board may
552-16 enforce an ad valorem tax lien against real property.
552-17 Sec. 376.021. APPROVAL OF CERTAIN IMPROVEMENT PROJECTS. The
552-18 district must obtain the municipality's approval of the plans and
552-19 specifications of any district improvement project related to the
552-20 use of land owned by the municipality, an easement granted by the
552-21 municipality, or a right-of-way of a street, road, or highway.
552-22 Sec. 376.022. ELECTIONS. (a) In addition to the elections
552-23 the district must hold under Subchapter L, Chapter 375, the
552-24 district shall hold an election in the manner provided by that
553-1 subchapter to obtain voter approval before the district imposes a
553-2 maintenance tax or issues bonds payable from ad valorem taxes or
553-3 assessments.
553-4 (b) The board may submit multiple purposes in a single
553-5 proposition at an election.
553-6 (c) The board may not call an election under this subchapter
553-7 unless a written petition requesting an election has been filed
553-8 with the board. The petition must be signed by:
553-9 (1) the owners of a majority of the assessed value of
553-10 real property in the district as determined by the most recent
553-11 certified county property tax rolls; or
553-12 (2) at least 50 persons who own land in the district,
553-13 if there are more than 50 persons who own property in the district
553-14 as determined by the most recent certified county property tax
553-15 rolls.
553-16 Sec. 376.023. IMPACT FEES. The district may impose an
553-17 impact fee for an authorized purpose as provided by Subchapter G,
553-18 Chapter 375.
553-19 Sec. 376.024. MAINTENANCE TAX. (a) If authorized at an
553-20 election held in accordance with Section 376.022, the district may
553-21 impose and collect an annual ad valorem tax on taxable property in
553-22 the district for the maintenance and operation of the district and
553-23 the improvements constructed or acquired by the district or for the
553-24 provision of services to industrial or commercial businesses,
554-1 residents, or property owners.
554-2 (b) The board shall determine the tax rate.
554-3 Sec. 376.025. DISSOLUTION OF DISTRICT. (a) The district
554-4 may be dissolved as provided by Subchapter M, Chapter 375.
554-5 (b) Regardless of Section 375.264, a district that has debt
554-6 may be dissolved as provided by Subchapter M, Chapter 375. If the
554-7 district has debt and is dissolved, the district shall remain in
554-8 existence solely for the limited purpose of discharging its bonds
554-9 or other obligations according to their terms.
554-10 Sec. 376.026. CONTRACTS. (a) To protect the public
554-11 interest, the district may contract with the municipality or county
554-12 for the provision of law enforcement services by the county or
554-13 municipality in the district on a fee basis.
554-14 (b) The municipality, county, or another political
554-15 subdivision of the state, without further authorization, may
554-16 contract with the district to implement a project of the district
554-17 or assist the district in providing the services authorized under
554-18 this subchapter. A contract under this subsection may:
554-19 (1) be for a period on which the parties agree;
554-20 (2) include terms on which the parties agree;
554-21 (3) be payable from taxes or any other sources of
554-22 revenue that may be available for such purpose; or
554-23 (4) provide that taxes or other revenue collected at a
554-24 district project or from a person using or purchasing a commodity
555-1 or service at a district project may be paid or rebated to the
555-2 district under the terms of the contract.
555-3 (c) The district may enter into a contract, lease, or other
555-4 agreement with or make or accept grants and loans to or from:
555-5 (1) the United States;
555-6 (2) the state or a state agency;
555-7 (3) any county, any municipality, or another political
555-8 subdivision of the state;
555-9 (4) a public or private corporation, including a
555-10 nonprofit corporation created by the board under this subchapter;
555-11 or
555-12 (5) any other person.
555-13 (d) The district may perform all acts necessary for the full
555-14 exercise of the powers vested in the district on terms and for the
555-15 period the board determines advisable.
555-16 Sec. 376.027. COMPETITIVE BIDDING. The district may enter a
555-17 contract for more than $10,000 for services, improvements, or the
555-18 purchase of property, including materials, machinery, equipment, or
555-19 supplies, only as provided by Subchapter K, Chapter 375.
555-20 Sec. 376.028. REINVESTMENT ZONES. All or any part of the
555-21 area of the district is eligible to be included in a tax
555-22 incremental reinvestment zone created by the municipality under
555-23 Chapter 311, Tax Code, or included in a tax abatement reinvestment
555-24 zone created by the municipality under Chapter 312, Tax Code.
556-1 Sec. 376.029. INITIAL DIRECTORS. (a) The initial board
556-2 consists of the following persons:
556-3 Pos. No. Name of Director
556-4 1 Charles Baughn
556-5 2 Patrick Ezzell
556-6 3 Cindy Garcia
556-7 4 Nick Gonzales
556-8 5 Dennis L. Greer
556-9 6 Valerie D. Marshall
556-10 7 William E. Penland, Jr.
556-11 8 Peggy Menchaca
556-12 9 Sharon Michael
556-13 10 Melanie Ringo
556-14 11 Mark M. Sacco
556-15 12 Paula T. Saizan
556-16 13 James B. Seigler
556-17 14 Richard Veith
556-18 15 Ben I. Wilson
556-19 16 Azalea Aleman
556-20 17 Sherea A. McKenzie
556-21 18 Tom Mene
556-22 19 Elsa Pagan
556-23 20 James J. Smith
556-24 21 C. Richard Vermillion
557-1 22 Gary Warwick
557-2 23 J. Mark Russell
557-3 24 Robert Bradford
557-4 25 Anthony Choy
557-5 26 Patricia C. Hewlett
557-6 27 Gary L. Marks
557-7 28 Joel B. Otte
557-8 29 Gary D. Schuman
557-9 30 Jane Bass Page
557-10 (b) Of the initial directors, the directors appointed for
557-11 positions 1 through 7 serve until June 1, 1996, the directors
557-12 appointed for positions 8 through 15 serve until June 1, 1997, the
557-13 directors appointed for positions 16 through 23 serve until June 1,
557-14 1998, and the directors appointed for positions 24 through 30 serve
557-15 until June 1, 1999.
557-16 (c) This section expires September 1, 1999.
557-17 (Sections 376.030-376.040 reserved for expansion
557-18 SUBCHAPTER B. WESTCHASE AREA MANAGEMENT DISTRICT
557-19 Sec. 376.041. CREATION OF DISTRICT. (a) A special district
557-20 in Harris County to be known as the "Westchase Area Management
557-21 District" exists as a governmental agency, body politic and
557-22 corporate, and political subdivision of the state.
557-23 (b) The name of the district may be changed by resolution of
557-24 the board.
558-1 (c) The creation of the district is essential to accomplish
558-2 the purposes of Section 52, Article III, Section 59, Article XVI,
558-3 and Section 52-a, Article III, Texas Constitution, and other public
558-4 purposes stated in this subchapter.
558-5 Sec. 376.042. DECLARATION OF INTENT. (a) The creation of
558-6 the district is necessary to promote, develop, encourage, and
558-7 maintain employment, commerce, transportation, housing, tourism,
558-8 recreation, arts, entertainment, economic development, safety, and
558-9 the public welfare in the Westchase area of the county.
558-10 (b) The creation of the district and this legislation is not
558-11 to be interpreted to relieve the county or the municipality from
558-12 providing the level of services, as of August 28, 1995, to the area
558-13 in the district or to release the county or the municipality from
558-14 the obligations each entity has to provide services to that area.
558-15 The district is created to supplement and not supplant the
558-16 municipal or county services provided in the area in the district.
558-17 (c) By creating the district and in authorizing the
558-18 municipality, county, and other political subdivisions to contract
558-19 with the district, the legislature has established a program to
558-20 accomplish the public purposes set out in Section 52-a, Article
558-21 III, Texas Constitution.
558-22 Sec. 376.043. DEFINITIONS. In this subchapter:
558-23 (1) "Board" means the board of directors of the
558-24 district.
559-1 (2) "County" means Harris County, Texas.
559-2 (3) "District" means the Westchase Area Management
559-3 District.
559-4 (4) "Municipality" means the City of Houston, Texas.
559-5 Sec. 376.044. BOUNDARIES. The district includes all the
559-6 territory contained in the following described area:
559-7 Being 2,460 acres, more or less, out of the G.L. Bellows
559-8 Survey, Abstract No. 3, the C. Ennis Survey, Abstract No. 253, the
559-9 J.D. Taylor Survey, Abstract No. 72, the I.E. Wade Survey, Abstract
559-10 No. 854, the I.E. Wade Survey, Abstract No. 855, the E. Williams
559-11 Survey, Abstract No. 834, and the H. Woodruff Survey, Abstract No.
559-12 844, all located in Harris County, Texas, being more particularly
559-13 described by metes and bounds as follows:
559-14 BEGINNING AT A POINT being the most westerly southwest corner
559-15 of the Woodlake, Section 4 Subdivision described by plat recorded
559-16 in Vol. 174, Pg. 115 of the Map Records of the Harris County, being
559-17 also a point in the East line of South Gessner Road, originally
559-18 described in the instrument recorded in Vol. 6369, Pg. 234 of the
559-19 Deed Records of Harris County,
559-20 Thence in a northerly direction with the western boundary of
559-21 the Woodlake, Section 4 Subdivision and the East line of South
559-22 Gessner Road to the point of intersection with the easterly
559-23 projection of the South line of the Woodlake Townhouse Apartments
559-24 Parcel as described in the conveyance recorded in Vol. 8577, Pg. 38
560-1 of the Deed Records of Harris County,
560-2 Thence in a westerly direction along the easterly projection
560-3 of the South line of the Woodlake Townhouse Apartments Parcel and
560-4 then continuing with the South Line of the Woodlake Townhouse
560-5 Apartments Parcel to the southwest corner of that parcel, being
560-6 also a point in the West line of the Woodlake Section 5
560-7 Subdivision, being also a point in the West line of the J. D.
560-8 Taylor Survey, Abstract 72,
560-9 Thence in a southerly direction with the West line of the
560-10 J.D. Taylor Survey, Abstract 72 to the point of intersection with
560-11 the North right of way of Westheimer Road, also known as Texas Farm
560-12 to Market Road No. 1093,
560-13 Thence in a westerly direction with the North right of way
560-14 line of Westheimer Road, also known as Texas Farm to Market Road
560-15 No. 1093 to the point of intersection the East right of way of
560-16 Seagler Road,
560-17 Thence in a northerly direction with the East right of way
560-18 line of Seagler Road to the point of intersection with the easterly
560-19 projection of the North right of way line of Ella Lee Lane,
560-20 Thence in westerly direction with the easterly projection of
560-21 the North right of way line of Ella Lee Lane and then continuing
560-22 with the North right of way line of Ella Lee Lane to the point of
560-23 intersection with the East right of way line Beltway 8, also known
560-24 as the Sam Houston Tollway,
561-1 Thence in a northerly direction with the East right of way
561-2 line Beltway 8 to the point of intersection with the easterly
561-3 projection of the centerline of the right of way line of Deerwood
561-4 Drive as dedicated by plat for the Greentree Place Subdivision as
561-5 recorded in Vol. 228, Pg. 125 of the Map Records of Harris County,
561-6 Thence in a westerly direction with the easterly projection
561-7 of the centerline of the right of way of Deerwood Drive and then
561-8 continuing with the centerline of the right of way of Deerwood
561-9 Drive through a curve to the South to the point of intersection
561-10 with the easterly projection of the centerline of the right of way
561-11 of River View Drive as described by the plat of the Walnut Bend
561-12 Subdivision, Section 8, as recorded in Vol. 129, Pg. 59 of the Map
561-13 Records of Harris County,
561-14 Thence continuing in a westerly direction with the easterly
561-15 projection of the centerline of the right of way of River View
561-16 Drive to the West line of the Greentree Place Subdivision, being
561-17 also the West Line of the G.L. Bellows Survey, Abstract No. 3,
561-18 Thence in a southerly direction with the West line of the
561-19 G.L. Bellows Survey, Abstract No. 3, to the point of intersection
561-20 with the most easterly southeast corner of the Walnut Bend, Section
561-21 5 Subdivision as described by plat recorded in Vol. 89, Pg. 54 of
561-22 the Map Records of Harris County,
561-23 Thence in a westerly direction with the South line of the
561-24 Walnut Bend, Section 5 to a point in the East right of way line of
562-1 Blue Willow Drive, being also the southwest corner of lot 18, block
562-2 5 of Walnut Bend, Section 5 Subdivision,
562-3 Thence continuing in a westerly direction to a point in the
562-4 West right of way line of Blue Willow Drive, being also the
562-5 southeast corner of lot 17, block 17 of the Walnut Bend, Section 5
562-6 Subdivision,
562-7 Thence continuing in a westerly direction with the South line
562-8 of the Walnut Bend, Section 5 Subdivision to a point in the East
562-9 right of way line of Walnut Bend Lane, being also the southwest
562-10 corner of lot 1, block 17 of the Walnut Bend, Section 5
562-11 Subdivision,
562-12 Thence continuing in a westerly direction to a point in the
562-13 West right of way line of Walnut Bend Lane, being also the
562-14 southeast corner of lot 10, block 1 of the Walnut Bend, Section 5
562-15 Subdivision,
562-16 Thence in a westerly direction to the southwest corner of
562-17 said lot 10 block 1, being also the most westerly southwest corner
562-18 of the Walnut Bend, Section 5 Subdivision, being also a point in
562-19 the East line of lot 6, block 1 of the Lakeside Estates, Section 1
562-20 Subdivision as described by plat recorded in Vol. 152, Pg. 97 of
562-21 the Map Records of Harris County,
562-22 Thence in a southerly direction with the East line of the
562-23 Lakeside Estates, Section 1 Subdivision to the most easterly
562-24 southeast corner of said Lakeside Estates Section 1 Subdivision,
563-1 Thence in a westerly direction with the South line of the
563-2 Lakeside Estates, Section 1 Subdivision to a point in the East
563-3 right of way line of Lakeside Country Club, being also the
563-4 southwest corner of lot 1, block 1 of the Lakeside Estates, Section
563-5 1 Subdivision,
563-6 Thence continuing in a westerly direction to a point in the
563-7 west right of way line of Lakeside Country Club Drive, being also
563-8 the southeast corner of lot 10, block 2 of the Lakeside Estates,
563-9 Section 1 Subdivision,
563-10 Thence continuing in a westerly direction with the South line
563-11 of the Lakeside Estates, Section 1 Subdivision to a point in the
563-12 East right of way line of Wilcrest Drive, being also the southwest
563-13 corner of lot 1, block 2 of the Lakeside Estates, Section 1
563-14 Subdivision,
563-15 Thence in a northwesterly direction to a point in the West
563-16 right of way line of Wilcrest Drive, being also the northeast
563-17 corner of reserve lot A5 of the Lakeside Estates, Section 1
563-18 Subdivision,
563-19 Thence in a westerly direction with the North line of reserve
563-20 lot A5 of the Lakeside Estates, Section 1 Subdivision to the
563-21 northwest corner of that lot,
563-22 Thence in a southwesterly direction across a 150 foot wide
563-23 power line corridor owned by Houston Lighting and Power Company, as
563-24 described in instrument recorded in Vol. 1220, Pg. 519 of the Deed
564-1 Records of Harris County, to the Southeast corner of a 9.54 acre,
564-2 more or less, tract of land described in the instrument recorded
564-3 under Clerk's File No. M462865 of the Official Public Records of
564-4 Real Property of Harris County,
564-5 Thence in a westerly direction with the South line of that
564-6 9.54 acre parcel 782 feet, more or less, to the southwest corner of
564-7 9.54 acre parcel, being also a point in the East right of way line
564-8 of Hayes Road,
564-9 Thence continuing in a westerly direction to a point in the
564-10 West right of way line of Hayes Road, being also the southeast
564-11 corner of the Village West, Section 2 Subdivision, as described by
564-12 plat recorded in Vol. 250, Pg. 1 of the Map Records of Harris
564-13 County,
564-14 Thence continuing in a westerly direction with the South line
564-15 of Village West, Section 2 Subdivision to the southwest corner of
564-16 that subdivision South line of Village West, Section 2 Subdivision,
564-17 Thence continuing in a westerly direction with a westerly
564-18 projection of the South line of Village West, Section 2 Subdivision
564-19 to the point of intersection with the West right of way line of
564-20 Woodland Park Drive,
564-21 Thence in a southerly direction with the West right of way
564-22 line of Woodland Park Drive to the point of intersection with the
564-23 North right of way line of Westheimer Road, also known as Texas
564-24 Farm to Market Road No. 1093,
565-1 Thence in westerly direction with the North right of way line
565-2 of Westheimer Road to the point of intersection with the northerly
565-3 projection of the West line of the Westchase Section 18 subdivision
565-4 as described in Vol. 291, Pg. 49 of the Map Records of Harris
565-5 County,
565-6 Thence in a southerly direction with the northerly projection
565-7 of the West line of the Westchase Section 18 subdivision, and then
565-8 continuing in a southerly direction with the West line of the
565-9 Westchase Section 18 subdivision to the southwest corner of that
565-10 subdivision, being also a point in the North right of way line of
565-11 Richmond Avenue,
565-12 Thence continuing in a southerly direction to a point in the
565-13 South right of way line of Richmond Avenue, being also the
565-14 northwest corner of the Westchase Section 17 subdivision as
565-15 described in Vol. 294, Pg. 3 of the Map Records of Harris County,
565-16 Thence continuing in a southerly direction with the West line
565-17 of the Westchase Section 17 to the southwest corner of that
565-18 subdivision,
565-19 Thence in an easterly direction with the South line of the
565-20 Westchase Section 17 subdivision to the southeast corner reserve
565-21 lot "B" of the Westchase Section 17 subdivision,
565-22 Thence continuing in a easterly direction 150 feet, more or
565-23 less, crossing the power line corridor owned by Houston Lighting
565-24 and Power Company, to the southwest corner of reserve lot "C" of
566-1 Westchase Section 17,
566-2 Thence continuing in an easterly direction with the South
566-3 line of reserve lot "C" of Westchase Section 17 to the southeast
566-4 corner of that parcel, being also a point in the West right of way
566-5 line of Wilcrest Drive,
566-6 Thence in a southerly direction with the West right of way
566-7 line of Wilcrest Drive to the point of intersection with the South
566-8 line of the Southern Pacific Railroad right of way, formerly known
566-9 as the Texas & New Orleans Railroad right of way, said point being
566-10 also the northeast corner of Unrestricted Reserve "A" of the
566-11 Briarleaf Section 2 Subdivision, as described by plat recorded in
566-12 Volume 287, Pg. 12 of the Map Records of Harris County,
566-13 Thence in an easterly direction with the South line of the
566-14 Southern Pacific Railroad right of way to the point of intersection
566-15 with the East right of way line of South Gessner Road,
566-16 Thence in a northerly direction with the East right of way
566-17 line of South Gessner Road to the point of intersection with the
566-18 North line of the Tanglewilde, Section 1 Subdivision as described
566-19 by plat recorded in Vol. 49, Pg. 25 of the Map Records of Harris
566-20 County,
566-21 Thence in an easterly direction with the North line of the
566-22 Tanglewilde, Section 1 Subdivision to the northeast corner of lot
566-23 16, block 1 of the Tanglewilde, Section 1 Subdivision,
566-24 Thence continuing in an easterly direction to the most
567-1 westerly southwest corner of that certain 7.0276 acre, more or
567-2 less, parcel of land more particularly described by metes and
567-3 bounds in the instrument recorded under County Clerk's File No.
567-4 R247328 of the Official Public Records of Real Property of Harris
567-5 County,
567-6 Thence continuing in an easterly direction with the South
567-7 line of the said 7.0276 acre parcel 328 feet, more or less, to an
567-8 interior corner of that parcel,
567-9 Thence in a southerly direction with a westerly line of the
567-10 said 7.0276 acre parcel, 106.41 feet, more or less, to a southwest
567-11 corner of that parcel, being also a point in the North line of the
567-12 Tanglewilde, Section 1 Subdivision,
567-13 Thence in an easterly direction with the North line of the
567-14 Tanglewilde, Section 1 Subdivision, 441.71 feet, more or less, to
567-15 an interior corner of that subdivision, being also a point in the
567-16 West right of way line of Rockyridge Drive,
567-17 Thence in a northerly direction with the West right of way
567-18 line of Rockyridge Drive to the point of intersection with the
567-19 westerly projection of the North line of lot 1, block four of the
567-20 Tanglewilde Section 1 Subdivision,
567-21 Thence in an easterly direction with the westerly projection
567-22 of the North line of lot 1, block four of the Tanglewilde Section 1
567-23 Subdivision to the northwest corner of that lot 1, block four,
567-24 Thence continuing in an easterly direction with the North
568-1 line of lot 1, block four of the Tanglewilde Section 1 Subdivision
568-2 to the northeast corner of that lot, being also a point in the West
568-3 line of the replatted Westmont Subdivision as described by plat
568-4 recorded in Vol. 75, Pg. 50 of the Map Records of Harris County,
568-5 Thence in a northerly direction with the West line of the
568-6 replatted Westmont Subdivision to the northwest corner of said
568-7 replatted Westmont Subdivision,
568-8 Thence in an easterly direction with the North line of the
568-9 replatted Westmont Subdivision to the point of intersection with
568-10 the centerline of Westerland Drive,
568-11 Thence in a northerly direction with the centerline of
568-12 Westerland Drive to the point of intersection with the easterly
568-13 projection of the North right of way line of Ella Lee Lane,
568-14 Thence in a westerly direction with the easterly projection
568-15 of the North right of way line of Ella Lee Lane and continuing with
568-16 the North right of way line of Ella Lee Lane to the POINT OF
568-17 BEGINNING.
568-18 SAVE AND EXCEPT THE FOLLOWING PARCELS OF LAND:
568-19 That certain parcel of land containing approximately 6.7912
568-20 acres, in the Henry Woodruff Survey, Abstract No. 844, described in
568-21 deed dated June 29, 1979, from Southern Pacific Transportation
568-22 Company, as grantor to Crystal Chemical Company, as grantee,
568-23 recorded under County Clerk's File Number G154538 of the Official
568-24 Public Records of Real Property of Harris, County, Texas,
569-1 That certain parcel of land containing approximately 99.542
569-2 acres, in the George Bellows Survey, Abstract No. 3, described in
569-3 deed dated April 30, 1987, from Dresser Industries, Inc., as
569-4 grantor to Western Atlas International, Inc., as grantee, recorded
569-5 under County Clerk's File Number L169978 of the Official Public
569-6 Records of Real Property of Harris, County, Texas,
569-7 The Condominium project known as Westchase Gardens originally
569-8 described by declaration filed in Volume 109, PAGE 48 of the
569-9 Condominium Records of Harris County, Texas,
569-10 The Condominium project known as Terra Courtyard Condominiums
569-11 described by declaration filed in Volume 110, PAGE 124 of the
569-12 Condominium Records of Harris County, Texas,
569-13 The Condominium projects known as River Stone I, II and III
569-14 originally described by declaration filed in Volume 100, PAGE 137
569-15 of the Condominium Records of Harris County, Texas, and amended by
569-16 declaration filed in Volume 101, PAGE 79 of the Condominium Records
569-17 of Harris County, Texas,
569-18 The Condominium project known as Townhomes at Westchase
569-19 Condominiums described by declaration originally filed in Volume
569-20 77, PAGE 1 and subsequently amended by declarations file in Volume
569-21 85, Page 40 and Volume 164, Page 21 of the Condominium Records of
569-22 Harris County, Texas,
569-23 The Condominium project known as The Elm Grove Condominium
569-24 described by declaration filed in Volume 85, PAGE 41 of the
570-1 Condominium Records of Harris County, Texas,
570-2 The Condominium project known as Doma Chase Condominium
570-3 described by declaration filed in Volume 88, PAGE 82 of the
570-4 Condominium Records of Harris County, Texas,
570-5 The Condominium project known as Westchase Forest Townhomes
570-6 described by declaration filed in Volume 144, PAGE 88 of the
570-7 Condominium Records of Harris County, Texas,
570-8 The Condominium project known as Westchase Forest Townhomes
570-9 described by declaration filed in Volume 145, PAGE 98 of the
570-10 Condominium Records of Harris County, Texas,
570-11 The Condominium project known as Westchase Forest Townhomes
570-12 described by declaration filed in Volume 152, PAGE 39 of the
570-13 Condominium Records of Harris County, Texas,
570-14 The Condominium project known as Parkwest Place Condominiums
570-15 described by declaration filed in Volume 160, PAGE 28 of the
570-16 Condominium Records of Harris County, Texas,
570-17 The Condominium project known as Woodchase Village
570-18 Condominiums described by declaration filed in Volume 92, PAGE 128
570-19 of the Condominium Records of Harris County, Texas,
570-20 The Condominium project known as Meadowridge described by
570-21 declaration filed in Volume 123, PAGE 51 of the Condominium Records
570-22 of Harris County, Texas,
570-23 The Condominium project known as SunStream Villas, A
570-24 Condominium Community described by declaration filed in Volume 90,
571-1 PAGE 1 of the Condominium Records of Harris County, Texas,
571-2 The Residential Subdivision known as Sunridge Villas
571-3 described by declaration filed in Volume 290, PAGE 70 of the Map
571-4 Records of Harris County, Texas,
571-5 The Condominium project known as Sunridge Villas II
571-6 Condominiums described by declaration filed in Volume 134, PAGE 81
571-7 of the Condominium Records of Harris County, Texas,
571-8 The Condominium project known as Idlewood described by
571-9 declaration filed in Volume 59, PAGE 23 of the Condominium Records
571-10 of Harris County, Texas,
571-11 The Residential Subdivision known as Wind River Park Townhome
571-12 Apartments described by declaration filed in Volume 265, PAGE 42 of
571-13 the Map Records of Harris County, Texas.
571-14 Sec. 376.045. FINDINGS RELATING TO BOUNDARIES. The
571-15 boundaries and field notes of the district form a closure. If a
571-16 mistake is made in the field notes or in copying the field notes in
571-17 the legislative process, the mistake does not in any way affect
571-18 the:
571-19 (1) organization, existence, and validity of the
571-20 district;
571-21 (2) right of the district to issue any type of bonds
571-22 or refunding bonds for the purposes for which the district is
571-23 created or to pay the principal of and interest on the bonds;
571-24 (3) right of the district to impose and collect
572-1 assessments or taxes; or
572-2 (4) legality or operation of the district or its
572-3 governing body.
572-4 Sec. 376.046. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
572-5 (a) All the land and other property included in the district will
572-6 be benefited by the improvements and services to be provided by the
572-7 district under powers conferred by Section 52, Article III, Section
572-8 59, Article XVI, and Section 52-a, Article III, Texas Constitution,
572-9 and other powers granted under this subchapter, and the district is
572-10 created to serve a public use and benefit.
572-11 (b) The creation of the district is in the public interest
572-12 and is essential to:
572-13 (1) further the public purposes of the development and
572-14 diversification of the economy of the state; and
572-15 (2) eliminate unemployment and underemployment and
572-16 develop or expand transportation and commerce.
572-17 (c) The district will:
572-18 (1) promote the health, safety, and general welfare of
572-19 residents, employers, employees, visitors, consumers in the
572-20 district, and the general public;
572-21 (2) provide needed funding for the Westchase area to
572-22 preserve, maintain, and enhance the economic health and vitality of
572-23 the area as a community and business center; and
572-24 (3) further promote the health, safety, welfare, and
573-1 enjoyment of the public by providing pedestrian ways and by
573-2 landscaping and developing certain areas in the district, which are
573-3 necessary for the restoration, preservation, and enhancement of
573-4 scenic and aesthetic beauty.
573-5 (d) Pedestrian ways along or across a street, whether at
573-6 grade or above or below the surface, and street lighting, street
573-7 landscaping, and street art objects are parts of and necessary
573-8 components of a street and are considered to be a street or road
573-9 improvement.
573-10 (e) The district will not act as the agent or
573-11 instrumentality of any private interest even though many private
573-12 interests will be benefited by the district, as will the general
573-13 public.
573-14 Sec. 376.047. APPLICATION OF OTHER LAW. Except as otherwise
573-15 provided by this subchapter, Chapter 375 applies to the district.
573-16 Sec. 376.048. CONSTRUCTION OF SUBCHAPTER. This subchapter
573-17 shall be liberally construed in conformity with the findings and
573-18 purposes stated in this subchapter.
573-19 Sec. 376.049. BOARD OF DIRECTORS IN GENERAL. (a) The
573-20 district is governed by a board of 17 directors who serve staggered
573-21 terms of four years with eight or nine members' terms expiring June
573-22 1 of each odd-numbered year.
573-23 (b) Subchapter D, Chapter 375, applies to the board to the
573-24 extent that subchapter does not conflict with this subchapter.
574-1 Sec. 376.050. APPOINTMENT OF DIRECTORS; VACANCY. The mayor
574-2 and members of the governing body of the municipality shall appoint
574-3 directors from persons recommended by the board. A vacancy in the
574-4 office of director because of the death, resignation, or removal of
574-5 a director shall be filled by the remaining members of the board by
574-6 appointing a qualified person for the unexpired term. The mayor
574-7 and members of the governing body of the municipality shall appoint
574-8 as directors for the positions indicated persons representing the
574-9 following interests:
574-10 (1) positions 1, 11, and 12 must represent owners of
574-11 multifamily rental housing with a minimum of 200 rental units;
574-12 (2) position 2 must be a lessee of office space of at
574-13 least 30,000 square feet of rentable area;
574-14 (3) positions 9 and 10 must represent owners of office
574-15 facilities with a minimum of 500 employees or taxable value in
574-16 excess of $10 million;
574-17 (4) positions 8, 13, and 14 must represent owners of
574-18 multitenant office buildings;
574-19 (5) position 15 must represent owners of multitenant
574-20 retail property or major retail tenants of 20,000 square feet or
574-21 more;
574-22 (6) position 16 must represent owners of temporary
574-23 lodging facilities with on-site food service;
574-24 (7) position 17 must represent owners of undeveloped
575-1 property with a contiguous area of 5 acres or more; and
575-2 (8) positions 3, 4, 5, 6, and 7 must represent the
575-3 district at large and any person qualified to serve on the board as
575-4 provided by Section 375.063 may be appointed for those positions.
575-5 Sec. 376.051. EX OFFICIO MEMBERS OF BOARD OF DIRECTORS. The
575-6 board may appoint nonvoting ex officio members to serve on the
575-7 board.
575-8 Sec. 376.052. POWERS OF DISTRICT. (a) The district has:
575-9 (1) all powers necessary or required to accomplish the
575-10 purposes for which the district was created;
575-11 (2) the rights, powers, privileges, authority, and
575-12 functions of a district created under Chapter 375;
575-13 (3) the powers given to a corporation under Section
575-14 4B, the Development Corporation Act of 1979 (Article 5190.6,
575-15 Vernon's Texas Civil Statutes), and the power to own, operate,
575-16 acquire, construct, lease, improve, and maintain projects described
575-17 by that section;
575-18 (4) the power to impose ad valorem taxes, assessments,
575-19 or impact fees in accordance with Chapter 375 to provide
575-20 improvements and services for a project or activity the district is
575-21 authorized to acquire, construct, improve, or provide under this
575-22 subchapter; and
575-23 (5) the power to correct, add to, or delete
575-24 assessments from its assessment rolls after notice and hearing as
576-1 provided by Subchapter F, Chapter 375.
576-2 (b) The district may not impose a sales and use tax and may
576-3 not acquire property through eminent domain.
576-4 Sec. 376.053. EXPENSES AND LIABILITY FOR CERTAIN ACTIONS
576-5 AFFECTING PROPERTY. (a) If the district, in exercising a power
576-6 conferred by this subchapter, requires a relocation, adjustment,
576-7 raising, lowering, rerouting, or changing of the grade or the
576-8 construction of any of the following items, the district must take
576-9 that required action at the sole expense of the district:
576-10 (1) a street, alley, highway, overpass, underpass,
576-11 road, railroad track, bridge, facility, or other property;
576-12 (2) an electric line, conduit, facility, or other
576-13 property;
576-14 (3) a telephone or telegraph line, conduit, facility,
576-15 or other property;
576-16 (4) a gas transmission or distribution pipe, pipeline,
576-17 main, facility, or other property;
576-18 (5) a water, sanitary sewer, or storm sewer pipe,
576-19 pipeline, main, facility, or other property;
576-20 (6) a cable television line, cable, conduit, facility,
576-21 or other property; or
576-22 (7) another pipeline, facility, or other property
576-23 relating to the pipeline.
576-24 (b) The district shall bear damages that are suffered by
577-1 owners of the facility or other property.
577-2 Sec. 376.054. RELATION TO OTHER LAW. If any provision of a
577-3 law referred to in Section 376.052 is in conflict with or is
577-4 inconsistent with this subchapter, this subchapter prevails. Any
577-5 law referred to in this subchapter that is not in conflict or
577-6 inconsistent with this subchapter is adopted and incorporated by
577-7 reference.
577-8 Sec. 376.055. REQUIREMENTS FOR FINANCING SERVICES AND
577-9 IMPROVEMENTS. The board may not finance services and improvement
577-10 projects under this subchapter unless a written petition requesting
577-11 those improvements or services has been filed with the board. The
577-12 petition must be signed by:
577-13 (1) the owners of a majority of the assessed value of
577-14 real property in the district as determined by the most recent
577-15 certified county property tax rolls; or
577-16 (2) at least 50 persons who own property in the
577-17 district, if there are more than 50 persons who own property in the
577-18 district as determined by the most recent certified county property
577-19 tax rolls.
577-20 Sec. 376.056. DISBURSEMENTS OR TRANSFERS OF FUNDS. The
577-21 board by resolution shall establish the number of directors'
577-22 signatures and the procedure required for a disbursement or
577-23 transfer of the district's money.
577-24 Sec. 376.057. BONDS. (a) The district may issue bonds or
578-1 other obligations payable in whole or in part from ad valorem
578-2 taxes, assessments, impact fees, revenues, grants, or other money
578-3 of the district, or any combination of those sources of money, to
578-4 pay for any authorized purpose of the district.
578-5 (b) Bonds or other obligations of the district may be issued
578-6 in the form of bonds, notes, certificates of participation,
578-7 including other instruments evidencing a proportionate interest in
578-8 payments to be made by the district, or other obligations that are
578-9 issued in the exercise of the district's borrowing power and may be
578-10 issued in bearer or registered form or may be issued in a form not
578-11 represented by an instrument but with their transfer registered on
578-12 books maintained by or on behalf of the district.
578-13 (c) Except as provided by Subsection (d), the district must
578-14 obtain the municipality's approval of:
578-15 (1) the issuance of bonds for an improvement project;
578-16 and
578-17 (2) the plans and specifications of the improvement
578-18 project to be financed by the bonds.
578-19 (d) If the district obtains the municipality's approval of a
578-20 capital improvements budget for a specified period not to exceed
578-21 five years, the district may finance the capital improvements and
578-22 issue bonds specified in the budget without further municipal
578-23 approval.
578-24 (e) Before the district issues bonds, the district shall
579-1 submit the bonds and the record of proceedings of the district
579-2 relating to authorization of the bonds to the attorney general for
579-3 approval as provided by Chapter 53, Acts of the 70th Legislature,
579-4 2nd Called Session, 1987 (Article 717k-8, Vernon's Texas Civil
579-5 Statutes).
579-6 Sec. 376.058. ASSESSMENTS. (a) The board may impose and
579-7 collect an assessment for any purpose authorized by this
579-8 subchapter.
579-9 (b) Assessments, reassessments, or assessments resulting
579-10 from an addition to or correction of the assessment roll by the
579-11 district, penalties and interest on an assessment or reassessment,
579-12 expenses of collection, and reasonable attorney's fees incurred by
579-13 the district:
579-14 (1) are a first and prior lien against the property
579-15 assessed;
579-16 (2) are superior to any other lien or claim other than
579-17 a lien or claim for county, school district, or municipal ad
579-18 valorem taxes; and
579-19 (3) are the personal liability of and charge against
579-20 the owners of the property even if the owners are not named in the
579-21 assessment proceedings.
579-22 (c) The lien is effective from the date of the resolution of
579-23 the board levying the assessment until the assessment is paid. The
579-24 board may enforce the lien in the same manner that the board may
580-1 enforce an ad valorem tax lien against real property.
580-2 (d) The district may not impose an assessment on the
580-3 property, equipment, or facilities of a public utility, as defined
580-4 by Section 2.0011 or 3.002, Public Utility Regulatory Act of 1995
580-5 (Article 1446c-0, Vernon's Texas Civil Statutes).
580-6 Sec. 376.059. APPROVAL OF CERTAIN IMPROVEMENT PROJECTS. The
580-7 district must obtain the municipality's approval of the plans and
580-8 specifications of any district improvement project related to the
580-9 use of land owned by the municipality, an easement granted by the
580-10 municipality, or a right-of-way of a street, road, or highway.
580-11 Sec. 376.060. ELECTIONS. (a) In addition to the elections
580-12 the district must hold under Subchapter L, Chapter 375, the
580-13 district shall hold an election in the manner provided by that
580-14 subchapter to obtain voter approval before the district imposes a
580-15 maintenance tax or issues bonds payable from ad valorem taxes or
580-16 assessments.
580-17 (b) The board may submit multiple purposes in a single
580-18 proposition at an election.
580-19 (c) The board may not call an election under this subchapter
580-20 unless a written petition requesting an election has been filed
580-21 with the board. The petition must be signed by:
580-22 (1) the owners of a majority of the assessed value of
580-23 real property in the district as determined by the most recent
580-24 certified county property tax rolls; or
581-1 (2) at least 50 persons who own property in the
581-2 district, if there are more than 50 persons who own property in the
581-3 district as determined by the most recent certified county property
581-4 tax rolls.
581-5 Sec. 376.061. IMPACT FEES. (a) The district may impose an
581-6 impact fee for an authorized purpose as provided by Subchapter G,
581-7 Chapter 375.
581-8 (b) The district may not impose an impact fee on the
581-9 property, equipment, or facilities of a public utility, as defined
581-10 by Section 2.0011 or 3.002, Public Utility Regulatory Act of 1995
581-11 (Article 1446c-0, Vernon's Texas Civil Statutes).
581-12 Sec. 376.062. MAINTENANCE TAX. (a) If authorized at an
581-13 election held in accordance with Section 376.060, the district may
581-14 impose and collect an annual ad valorem tax on taxable property in
581-15 the district for the maintenance and operation of the district and
581-16 the improvements constructed or acquired by the district or for the
581-17 provision of services to industrial or commercial businesses,
581-18 residents, or property owners.
581-19 (b) The board shall determine the tax rate.
581-20 Sec. 376.063. DISSOLUTION OF DISTRICT. (a) The district
581-21 may be dissolved as provided by Subchapter M, Chapter 375.
581-22 (b) Notwithstanding Section 375.264, a district that has
581-23 debt may be dissolved as provided by Subchapter M, Chapter 375. If
581-24 the district has debt and is dissolved, the district shall remain
582-1 in existence solely for the limited purpose of discharging its
582-2 bonds or other obligations according to their terms.
582-3 Sec. 376.064. CONTRACTS. (a) To protect the public
582-4 interest, the district may contract with the municipality or county
582-5 for the provision of law enforcement services by the county or
582-6 municipality in the district on a fee basis.
582-7 (b) The municipality, county, or another political
582-8 subdivision of the state, without further authorization, may
582-9 contract with the district to implement a project of the district
582-10 or assist the district in providing the services authorized under
582-11 this subchapter. A contract under this subsection may:
582-12 (1) be for a period on which the parties agree;
582-13 (2) include terms on which the parties agree;
582-14 (3) be payable from taxes or any other sources of
582-15 revenue that may be available for such purpose; or
582-16 (4) provide that taxes or other revenue collected at a
582-17 district project or from a person using or purchasing a commodity
582-18 or service at a district project may be paid or rebated to the
582-19 district under the terms of the contract.
582-20 (c) The district may enter into a contract, lease, or other
582-21 agreement with or make or accept grants and loans to or from:
582-22 (1) the United States;
582-23 (2) the state or a state agency;
582-24 (3) any county, any municipality, or another political
583-1 subdivision of the state;
583-2 (4) a public or private corporation, including a
583-3 nonprofit corporation created by the board under other law; or
583-4 (5) any other person.
583-5 (d) The district may perform all acts necessary for the full
583-6 exercise of the powers vested in the district on terms and for the
583-7 period the board determines advisable.
583-8 Sec. 376.065. COMPETITIVE BIDDING. The district may enter a
583-9 contract for more than $10,000 for services, improvements, or the
583-10 purchase of property, including materials, machinery, equipment, or
583-11 supplies, only as provided by Subchapter K, Chapter 375.
583-12 Sec. 376.066. INITIAL DIRECTORS. (a) The initial board
583-13 consists of the following persons:
583-14 Position Number Director
583-15 1 Paul S. McDonald
583-16 2 Don R. Mathis
583-17 3 Donna J. Flowers
583-18 4 Steve Hilton
583-19 5 Bruce Wilkerson
583-20 6 James R. Murphy
583-21 9 Jack W. Michael
583-22 10 Mark Taylor
583-23 11 Michael W. Biggs
583-24 12 Ted M. Kerr
584-1 13 David J. Lee
584-2 14 Douglas L. Elliott
584-3 15 Candy A. Tillack
584-4 16 Fred S. Kummer III
584-5 17 Andrew R. Lear
584-6 (b) The board shall appoint the initial directors for
584-7 positions 7 and 8.
584-8 (c) The terms of the initial directors for positions 1
584-9 through 8 expire June 1, 1997, and the terms of the initial
584-10 directors for positions 9 through 17 expire June 1, 1999.
584-11 (d) This section expires September 1, 1999.
584-12 (Sections 376.067-376.080 reserved for expansion
584-13 SUBCHAPTER C. GREATER GREENSPOINT MANAGEMENT DISTRICT
584-14 Sec. 376.081. CREATION OF DISTRICT. (a) A special district
584-15 to be known as the "Greater Greenspoint Management District of
584-16 Harris County" exists as a governmental agency, a body politic and
584-17 corporate, and a political subdivision of the state.
584-18 (b) The name of the district may be changed by resolution of
584-19 the board.
584-20 (c) The creation of the district is essential to accomplish
584-21 the purposes of Section 52, Article III, Section 59, Article XVI,
584-22 and Section 52-a, Article III, Texas Constitution, and to other
584-23 public purposes stated in this subchapter.
584-24 Sec. 376.082. DECLARATION OF INTENT. (a) The creation of
585-1 the district is necessary to promote, develop, encourage, and
585-2 maintain employment, commerce, economic development, the public
585-3 welfare, transportation, housing, tourism, convention and
585-4 convocation activities, recreation, arts, entertainment, and safety
585-5 in the greater Greenspoint area of the county.
585-6 (b) The creation of the district and this legislation is not
585-7 to be interpreted to relieve the county or the municipality from
585-8 providing the level of services, as of August 26, 1991, to the area
585-9 in the district or to release the county or the municipality from
585-10 the obligations each entity has to provide services to that area.
585-11 The district is created to supplement and not supplant the
585-12 municipal or county services in the area in the district.
585-13 (c) By creating the district and in authorizing the
585-14 municipality, county, and other political subdivisions to contract
585-15 with the district, the legislature has established a program to
585-16 accomplish the public purposes set out in Section 52-a, Article
585-17 III, Texas Constitution.
585-18 Sec. 376.083. DEFINITIONS. In this subchapter:
585-19 (1) "Board" means the board of directors of the
585-20 district.
585-21 (2) "County" means Harris County, Texas.
585-22 (3) "District" means the Greater Greenspoint
585-23 Management District of Harris County.
585-24 (4) "Municipality" means the City of Houston, Texas.
586-1 Sec. 376.084. BOUNDARIES. The district includes all the
586-2 territory contained in the following described area:
586-3 BEING 7,370 acres, more or less, out of the B.B.B. & C.R.R.
586-4 Abstract 174, B.B.B. & C.R.R. Abstract 175, Peter Craft Abstract
586-5 201, Simon Contreras Abstract 220, Francis Dirks Abstract 235,
586-6 E. Farias Abstract 278, S. L. Noble Abstract 608, Daniel O'Neal
586-7 Abstract 617, M. Sevey Abstract 699, Jesse B. Sanders Abstract 732,
586-8 John Schnell Abstract 741, P. Sullivan Abstract 749, P. Sullivan
586-9 Abstract 750, S. W. Upshaw Abstract 821, C. Walter Abstract 849,
586-10 W.C.R.R.CO. Abstract 889, W.C.R.R.CO. Abstract 895, W.C.R.R.CO.
586-11 Abstract 925, W.C.R.R.CO. Abstract 937, John Durkee Abstract 1069,
586-12 D. U. Weld Abstract 1133, J. & R. Schmidt Abstract 1286,
586-13 S. S. Reynolds Abstract 1356, J. Schmidt Abstract 1453,
586-14 J. H. Stewart Abstract 1493, J. H. Stewart Abstract 1494,
586-15 D. U. Weld Abstract 1496, Robert Windt Abstract 1500, located in
586-16 Harris County, Texas and described by metes and bounds as follows:
586-17 BEGINNING at the southeast corner of the John E. Durkee
586-18 League, Abstract 1069;
586-19 Thence in a northerly direction with the east line of
586-20 Abstract 1069 to the point of intersection with the southern right
586-21 of way line of West Road;
586-22 Thence in an easterly direction with the southern right of
586-23 way line of West Road to the point of intersection with a southerly
586-24 projection of the west boundary line of the Green Ridge North
587-1 subdivision, Section 1 as described by plat recorded in Volume 139,
587-2 Page 40, of the Harris County Map Records (H.C.M.R.);
587-3 Thence in a northerly direction with the west line of Green
587-4 Ridge North Section 1, and the southerly projection thereof, at 370
587-5 feet, more or less, pass the southern right of way line of Woodson
587-6 Road, continuing to the most northern northwest corner of Green
587-7 Ridge North Section 1;
587-8 Thence in a northerly direction with a projection of the west
587-9 line Green Ridge North Section 1 to the point of intersection with
587-10 the center right of way line of Hardwicke Road;
587-11 Thence in an easterly direction with the center right of way
587-12 line of Hardwicke Road to the point of intersection with the center
587-13 right of way line of Chipman Lane;
587-14 Thence in a northerly direction with the center right of way
587-15 line of Chipman Lane and a northerly projection thereof to the
587-16 point of intersection with the center right of way line of Goodson
587-17 Drive;
587-18 Thence in an easterly direction with the center right of way
587-19 line of Goodson Drive to the point of intersection with the center
587-20 right of way line of Imperial Valley Drive;
587-21 Thence in a northerly direction with the center right of way
587-22 line of Imperial Valley Drive to the point of intersection with an
587-23 easterly projection of the southern boundary line of Imperial
587-24 Valley subdivision, Section 2 as described together with Section 1
588-1 by Plat Recorded in Volume 130, Page 27, H.C.M.R.;
588-2 Thence in a westerly direction with the southern boundary
588-3 line of Imperial Valley Section 2, and the easterly projection, to
588-4 the southwest corner of that subdivision;
588-5 Thence in a northerly direction with the western boundary of
588-6 the Imperial Valley Sections 1 & 2, being also the western right of
588-7 way line of Wagon Road, to the northwest corner of Imperial Valley
588-8 Section 1, being a point in the south line of Aldine-Bender Road
588-9 (F.M. 525);
588-10 Thence in an easterly direction with the south line of
588-11 Aldine-Bender Road (F.M. 525) to the point of intersection with the
588-12 eastern right of way line of the Hardy Toll Road;
588-13 Thence in a northerly direction with the eastern right of way
588-14 line of the Hardy Toll Road to the point of intersection with the
588-15 northern right of way line of Rankin Road;
588-16 Thence in a westerly direction with the northern right of way
588-17 line of Rankin Road to the point of intersection with the eastern
588-18 boundary line of the S. L. Noble League, Abstract 608;
588-19 Thence in a northerly direction with the eastern boundary
588-20 line of Abstract 608, 1,244 feet, more or less, to a point marking
588-21 the southeast corner of the parcel of land conveyed by deed from
588-22 Bird Pyle to O. P. Hairgrove, recorded in Volume 247, Page 434, of
588-23 the Harris County Deed Records, (The Pyle Parcel);
588-24 Thence in a westerly direction, along the south line of the
589-1 Pyle Parcel, one mile, more or less, to the southwest corner of
589-2 that parcel, being a point in the western boundary line of the
589-3 S. L. Noble League, Abstract 608, being also in the eastern line of
589-4 the P. Sullivan League, Abstract 750;
589-5 Thence in a northerly direction with the east line of
589-6 Abstract 750 to the northeast corner of that league;
589-7 Thence in a westerly direction with the north line of
589-8 Abstract 750 to the northwest corner of that league;
589-9 Thence in a southerly direction with the west line of
589-10 Abstract 750 to the southwest corner of that league, being also a
589-11 point in the north line of the Daniel O'Neal League, Abstract 617;
589-12 Thence in a westerly direction with the north line of
589-13 Abstract 617 to a point, being both the northwest corner of that
589-14 league and the northeast corner of the John Schnell League,
589-15 Abstract 741;
589-16 Thence continuing in an westerly direction with the north
589-17 line of Abstract 741 to the northwest corner of that league;
589-18 Thence in a southerly direction with the west line of
589-19 Abstract 741 to the southwest corner of that league;
589-20 Thence in an easterly direction with the south line of
589-21 Abstract 741 to the southeast corner of that league, being also a
589-22 point in the western line of the B.B.B. & C.R.R. League, Abstract
589-23 174;
589-24 Thence in a southerly direction with the west line Abstract
590-1 174, to the point of intersection with the center line of Greens
590-2 Bayou;
590-3 Thence in a southwesterly direction with the center line of
590-4 Greens Bayou to the point of intersection with the north right of
590-5 way line of Gears Road;
590-6 Thence in a westerly direction with the north right of way
590-7 line of Gears Road to the point of intersection with a northerly
590-8 projection of the western boundary of Greens Crossing, Section One,
590-9 a commercial subdivision described by plat recorded in Volume 303,
590-10 Page 103, H.C.M.R.;
590-11 Thence in a southerly direction with the western boundary of
590-12 Greens Crossing, Section One, and the northerly projection thereof,
590-13 to the southwest corner of that subdivision;
590-14 Thence in an easterly direction with the most southern
590-15 boundary of Greens Crossing, Section One, and an easterly
590-16 projection thereof, to the point of intersection with the center
590-17 line of Greens Bayou;
590-18 Thence in a southwesterly direction with the center line of
590-19 Greens Bayou to the point of intersection with the northern right
590-20 of way line the Sam Houston Toll Road (Beltway 8);
590-21 Thence in a westerly direction with the north right of way
590-22 line of Beltway 8 to the point of intersection with the east right
590-23 of way line of Veterans Memorial Parkway, formerly known as
590-24 Steubner-Airline Road;
591-1 Thence in a southerly direction with the east right of way
591-2 line of Veterans Memorial Parkway to the point of intersection with
591-3 the south right of way line of Aldine-Western Road;
591-4 Thence in an easterly direction with the south right of way
591-5 line of Aldine-Western Road and an easterly projection thereof, to
591-6 the point of intersection with the western boundary line of the
591-7 D.U. Weld League, Abstract 1496;
591-8 Thence in a southerly direction with the west line of the
591-9 D.U. Weld League, Abstract 1496 to the southwest corner of that
591-10 league, being also the northwest corner of the J. H. Stewart
591-11 League, Abstract 1493;
591-12 Thence in a southerly direction with west line of Abstract
591-13 1493 to the southeast corner of the S.S. Reynolds League, Abstract
591-14 1356;
591-15 Thence in a westerly direction with the south line of
591-16 Abstract 1356 to a northeastern corner of the Fallbrook
591-17 subdivision, Section 3, as described by plat recorded in Volume
591-18 232, Page 11, H.C.M.R.;
591-19 Thence in a southerly direction with the east line Fallbrook
591-20 Section 3 to the southeast corner of that subdivision, being also
591-21 the northeast corner of the Fallbrook subdivision, Section 2, as
591-22 described by plat recorded in Volume 214, Page 10, H.C.M.R.;
591-23 Thence in a southerly direction with an eastern boundary of
591-24 Fallbrook Section 2 to an interior corner of that subdivision;
592-1 Thence in an easterly direction with a north line of
592-2 Fallbrook Section 2, to the most easterly northeast corner of that
592-3 section, being also the most northerly northwest corner of the
592-4 Fallbrook subdivision, Section 1 as described by plat recorded in
592-5 Volume 167, Page 91, H.C.M.R.;
592-6 Thence in an easterly direction with the northern most
592-7 Boundary of Fallbrook Section 1 to the point of intersection with
592-8 the west line of the John E. Durkee League, Abstract 1069;
592-9 Thence in a southerly direction with the west line of
592-10 Abstract 1069 to the southwest corner of that league;
592-11 Thence in an easterly direction with the south line of
592-12 Abstract 1069 to the southeast corner of that league, and the POINT
592-13 OF BEGINNING.
592-14 There is excluded from the district the following tract of
592-15 land which is described by metes and bounds as follows:
592-16 BEGINNING at a 1/2 inch iron rod in the Northeast
592-17 right-of-way line of Stuebner Airline Road at its intersection with
592-18 the North line of said Francis Dirks Survey;
592-19 THENCE South 89 50' 32" East, 44.25 feet to a 1/2 inch iron
592-20 rod for corner at the Northeast corner of said Francis Dirks
592-21 Survey;
592-22 THENCE South 00 14' 44" East, along the East line of said
592-23 Francis Dirks Survey, 23.61 feet to a 3/4 inch iron pipe for corner
592-24 at the Northwest corner of said Jesse B. Sanders Survey;
593-1 THENCE North 89 55' 25" East, along the North line of said
593-2 Jesse B. Sanders Survey, 2,646.75 feet to a 5/8 inch iron rod for
593-3 corner at the Northeast corner of said Sanders Survey;
593-4 THENCE South 00 15' 13" West, along the East line of said
593-5 Sanders Survey, 1,047.80 feet to a 1-1/4 inch iron pipe for corner
593-6 on the North right-of-way line of Aldine Western Road (based on a
593-7 width of 60.00 feet);
593-8 THENCE South 89 46' 28" West, along the North right-of-way
593-9 line of said Aldine Western Road, 1,987.35 feet to a 5/8 inch iron
593-10 rod for corner in the Northeasterly right-of-way line of Stuebner
593-11 Airline Road (based on a width of 80.00 feet);
593-12 THENCE North 33 01' 05" West, along the Northeasterly
593-13 right-of-way line of Stuebner Airline Road, 334.62 feet to a point
593-14 for corner on the South line of a 130.00 foot wide Harris County
593-15 Flood Control District easement and the beginning point of a curve
593-16 to the left;
593-17 THENCE Northeasterly, along the arc of said curve to the left
593-18 having a chord of North 61 54' 19" East, 479.94 feet, a radius of
593-19 966.84 feet, a central angle of 28 44' 32", a distance of 485.01
593-20 feet to a point for corner;
593-21 THENCE North 39 40' 00" West, along the Northeasterly line
593-22 of said drainage easement, 130.16 feet to a point for corner;
593-23 THENCE South 47 32' 03" West, along the Northerly line of
593-24 said drainage easement, 6.36 feet to a point for corner and the
594-1 beginning point of a curve to the right;
594-2 THENCE Westerly, continuing along the Northerly line of said
594-3 drainage easement, along the arc of said curve to the right having
594-4 a chord of South 63 28' 44.5" West, 459.78 feet, a radius of
594-5 836.84 feet, a central angel of 31 53' 23", a distance of 465.77
594-6 feet to a point for corner on the Northwesterly right-of-way line
594-7 of Stuebner Airline Road;
594-8 THENCE North 33 01' 05" West, along the Northeasterly
594-9 right-of-way line of said Stuebner Airline Road, 826.04 feet to the
594-10 PLACE OF BEGINNING, containing 54.832 acres of land, more or less.
594-11 SAVE AND EXCEPT ALL AREA TAKEN BY CONDEMNATION BY THE STATE OF
594-12 TEXAS FOR SAM HOUSTON TOLLWAY (BELTWAY 8).
594-13 Sec. 376.085. FINDINGS RELATING TO BOUNDARIES. The
594-14 boundaries and field notes of the district form a closure. If a
594-15 mistake is made in the field notes or in copying the field notes in
594-16 the legislative process, the mistake does not in any way affect
594-17 the:
594-18 (1) organization, existence, and validity of the
594-19 district;
594-20 (2) right of the district to issue any type of bonds
594-21 or refunding bonds for the purposes for which the district is
594-22 created or to pay the principal of and interest on the bonds;
594-23 (3) right of the district to impose and collect
594-24 assessments or taxes; or
595-1 (4) legality or operation of the district or its
595-2 governing body.
595-3 Sec. 376.086. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
595-4 All the land and other property included within the boundaries of
595-5 the district will be benefited by the improvements and services to
595-6 be provided by the district under powers conferred by Section 52,
595-7 Article III, Section 59, Article XVI, and Section 52-a, Article
595-8 III, Texas Constitution, and other powers granted under this
595-9 subchapter, and the district is created to serve a public use and
595-10 benefit.
595-11 (b) The creation of the district is in the public interest
595-12 and is essential to:
595-13 (1) further the public purposes of the development and
595-14 diversification of the economy of the state; and
595-15 (2) eliminate unemployment and underemployment and
595-16 develop or expand transportation and commerce.
595-17 (c) The district will:
595-18 (1) promote the health, safety, and general welfare of
595-19 residents, employers, employees, and consumers in the district, and
595-20 the general public;
595-21 (2) provide needed funding for the greater Greenspoint
595-22 area to preserve, maintain, and enhance the economic health and
595-23 vitality of the area as a community and business center; and
595-24 (3) further promote the health, safety, welfare, and
596-1 enjoyment of the public by providing pedestrian ways and by
596-2 landscaping and developing certain areas in the district, which are
596-3 necessary for the restoration, preservation, and enhancement of
596-4 scenic and aesthetic beauty.
596-5 (d) Pedestrian ways along or across a street, whether at
596-6 grade or above or below the surface, and street lighting, street
596-7 landscaping, and street art objects are parts of and necessary
596-8 components of a street and are considered to be a street or road
596-9 improvement.
596-10 (e) The district will not act as the agent or
596-11 instrumentality of any private interest even though many private
596-12 interests will be benefited by the district, as will the general
596-13 public.
596-14 Sec. 376.087. CONSTRUCTION OF SUBCHAPTER. This subchapter
596-15 shall be liberally construed in conformity with the legislative
596-16 findings and purposes stated in this subchapter.
596-17 Sec. 376.088. BOARD OF DIRECTORS IN GENERAL. The district
596-18 is governed by a board of 22 directors who serve staggered terms of
596-19 four years with 11 members' terms expiring June 1 of each
596-20 odd-numbered year.
596-21 Sec. 376.089. APPOINTMENT OF DIRECTORS; VACANCY. (a) A
596-22 vacancy in the office of director because of the death,
596-23 resignation, or removal of a director shall be filled by the
596-24 remaining members of the board by appointing a qualified person for
597-1 the unexpired term.
597-2 (b) Directors shall be appointed and qualify as provided by
597-3 Subchapter D, Chapter 375.
597-4 Sec. 376.090. POWERS OF DISTRICT. (a) The district has:
597-5 (1) all powers necessary or required to accomplish the
597-6 purposes for which the district was created;
597-7 (2) the rights, powers, privileges, and authority of a
597-8 district created under Chapter 375;
597-9 (3) the powers given to a corporation created under
597-10 the Development Corporation Act of 1979 (Article 5190.6, Vernon's
597-11 Texas Civil Statutes), the power to own, operate, acquire,
597-12 construct, lease, improve, and maintain the projects described in
597-13 that act and in this subchapter and any other authorized project,
597-14 and the power to acquire land and other property in accordance with
597-15 Section 4B, Development Corporation Act of 1979 (Article 5190.6,
597-16 Vernon's Texas Civil Statutes);
597-17 (4) except as provided by Section 376.098, the power
597-18 to impose ad valorem taxes, assessments, or impact fees in
597-19 accordance with Chapter 375 to provide improvements and services
597-20 for a project or activity the district is authorized to acquire,
597-21 construct, improve, or provide under this subchapter;
597-22 (5) the power to correct, add to, or delete
597-23 assessments from its assessment rolls and to collect assessments
597-24 due under the corrections, additions, and deletions after notice
598-1 and hearing in the manner required by Section 375.115; and
598-2 (6) the power to create, tax, assess, and hold
598-3 elections in a defined area under Chapter 54, Water Code, to
598-4 provide improvements or services in the defined area for any
598-5 project or activity the district is authorized to acquire,
598-6 construct, improve, or provide.
598-7 (b) The district may not impose a sales and use tax.
598-8 Sec. 376.091. RELATION TO OTHER LAW. If any provision of a
598-9 law referenced in this subchapter is in conflict with or
598-10 inconsistent with this subchapter, this subchapter prevails. Any
598-11 law referenced in this subchapter that is not in conflict with or
598-12 inconsistent with this subchapter is adopted and incorporated by
598-13 reference and may be used by the district independently of each
598-14 other.
598-15 Sec. 376.092. REQUIREMENTS FOR FINANCING SERVICES AND
598-16 IMPROVEMENTS. The board may not finance services and improvement
598-17 projects under this subchapter unless a written petition requesting
598-18 those improvements or services has been filed with the board. The
598-19 petition must be signed by:
598-20 (1) the owners of a majority of the assessed value of
598-21 real property in the district as determined by the most recent
598-22 certified county property tax rolls; or
598-23 (2) at least 50 persons who own land in the district,
598-24 if there are more than 50 persons who own land in the district as
599-1 determined by the most recent certified county property tax rolls.
599-2 Sec. 376.093. NONPROFIT CORPORATION. (a) The board by
599-3 resolution may authorize the creation of a nonprofit corporation to
599-4 assist and act on behalf of the district in implementing a project,
599-5 providing residential housing, or providing a service authorized by
599-6 this subchapter.
599-7 (b) The board shall appoint the board of directors of a
599-8 nonprofit corporation created under this section. The board of
599-9 directors of the nonprofit corporation shall serve in the same
599-10 manner as, for the same term as, and on the conditions of the board
599-11 of directors of a local government corporation created under
599-12 Chapter 431, Transportation Code.
599-13 (c) A nonprofit corporation created under this section has
599-14 the powers of and is considered for all purposes to be a local
599-15 government corporation created under Chapter 431, Transportation
599-16 Code.
599-17 (d) A nonprofit corporation created under this section may
599-18 implement any project and provide any services authorized by this
599-19 subchapter.
599-20 (e) A nonprofit corporation created under this section may
599-21 be dissolved as provided by Chapter 431, Transportation Code, for a
599-22 corporation created under that chapter.
599-23 Sec. 376.094. BONDS. (a) The district may issue bonds or
599-24 other obligations payable in whole or in part from ad valorem
600-1 taxes, assessments, impact fees, revenues, grants, or other money
600-2 of the district, or any combination of those sources of money, to
600-3 pay for any authorized purpose of the district.
600-4 (b) Bonds or other obligations of the district may be issued
600-5 in the form of bonds, notes, certificates of participation,
600-6 including other instruments evidencing a proportionate interest in
600-7 payments to be made by the district, or other obligations that are
600-8 issued in the exercise of the district's borrowing power.
600-9 Sec. 376.095. ASSESSMENTS. (a) Assessments, reassessments,
600-10 or assessments resulting from an addition to or correction of the
600-11 assessment roll by the district, penalties and interest on an
600-12 assessment or reassessment, expenses of collection, and reasonable
600-13 attorney's fees incurred by the district:
600-14 (1) are a first and prior lien against the property
600-15 assessed;
600-16 (2) are superior to any other lien or claim other than
600-17 a lien or claim for county, school district, or municipal ad
600-18 valorem taxes; and
600-19 (3) are the personal liability of and charge against
600-20 the owners of the property even if the owners are not named in the
600-21 assessment proceedings.
600-22 (b) The lien is effective from the date of the resolution of
600-23 the board levying the assessment until the assessment is paid. The
600-24 board may enforce the lien in the same manner that the board may
601-1 enforce an ad valorem tax lien against real property.
601-2 Sec. 376.096. ELECTIONS. (a) The district shall hold an
601-3 election in the manner provided by Subchapter L, Chapter 375, to
601-4 obtain voter approval before the district imposes a maintenance tax
601-5 or issues bonds payable from ad valorem taxes or assessments.
601-6 (b) The board may submit multiple purposes in a single
601-7 proposition at an election.
601-8 (c) The board may not call an election under this subchapter
601-9 unless a written petition requesting an election has been filed
601-10 with the board. The petition must be signed by 50 owners of
601-11 property in the district, if there are more than 50 persons who own
601-12 property in the district as determined by the most recent certified
601-13 county property tax rolls.
601-14 (d) When issuing bonds payable from a defined area under
601-15 Chapter 54, Water Code, a required election must be held only in
601-16 the defined area and not in the entire district.
601-17 Sec. 376.097. MAINTENANCE TAX. (a) If authorized at an
601-18 election held in accordance with Section 376.096, the district may
601-19 impose and collect an annual ad valorem tax on taxable property in
601-20 the district for maintenance and operation of the district and the
601-21 improvements constructed or acquired by the district and for the
601-22 provision of services to industrial or commercial businesses,
601-23 residents, or property owners.
601-24 (b) The board shall determine the tax rate.
602-1 Sec. 376.098. EXEMPTION FROM ASSESSMENT AND IMPACT FEES.
602-2 Because the district is created in an area that is devoted
602-3 primarily to commercial and business activity, the district may not
602-4 impose an impact fee or assessment on a single family residential
602-5 property or a residential duplex, triplex, quadruplex, or
602-6 condominium.
602-7 Sec. 376.099. TAX AND ASSESSMENT ABATEMENTS. Without
602-8 further authorization or other procedural requirement, the district
602-9 may grant, consistent with Chapter 312, Tax Code, an abatement for
602-10 a tax or assessment owed to the district.
602-11 Sec. 376.100. CONTRACTS. (a) To protect the public
602-12 interest, the district may contract with any municipality or any
602-13 county in which all or part of the district is located for the
602-14 provision of law enforcement services by the county or municipality
602-15 in the district on a fee basis.
602-16 (b) The municipality, the county, or another political
602-17 subdivision, without further authorization, may contract with the
602-18 district to implement a project of the district or to assist the
602-19 district in providing authorized services. A contract under this
602-20 subsection may:
602-21 (1) be for a period on which the parties agree;
602-22 (2) include terms on which the parties agree;
602-23 (3) be payable from taxes or any other sources of
602-24 revenue that may be available for such purpose; and
603-1 (4) provide that taxes or other revenues collected at
603-2 a district project, at a project in a tax increment reinvestment
603-3 zone, or from a person using or purchasing a commodity or service
603-4 at a district project may be paid or rebated to the district under
603-5 the terms specified in the contract.
603-6 (c) The district may enter into a contract, lease, or other
603-7 agreement with or make or accept grants and loans to or from:
603-8 (1) the United States;
603-9 (2) the state or a state agency;
603-10 (3) any county, any municipality, or another political
603-11 subdivision of the state;
603-12 (4) a public or private corporation, including a
603-13 nonprofit corporation created by the board under this subchapter;
603-14 or
603-15 (5) any other person.
603-16 (d) The district may perform all acts necessary for the full
603-17 exercise of the powers vested in the district on terms and for the
603-18 period the board determines advisable.
603-19 Sec. 376.101. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
603-20 district may join and pay dues to an organization that enjoys
603-21 tax-exempt status under Sections 501(c)(3), 501(c)(4), and
603-22 501(c)(6), Internal Revenue Code of 1986 (26 U.S.C. Section
603-23 501(c)), and perform services or provide activities consistent with
603-24 the furtherance of the purposes of the district. An expenditure of
604-1 public money for membership in the organization is considered to
604-2 further the purposes of the district and to be for a public
604-3 purpose.
604-4 Sec. 376.102. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
604-5 All or any part of the area of the district is eligible,
604-6 notwithstanding other statutory criteria, to be included in a tax
604-7 increment reinvestment zone created by the municipality under
604-8 Chapter 311, Tax Code, or included in a tax abatement reinvestment
604-9 zone created by the municipality under Chapter 312, Tax Code. All
604-10 or any part of the area of the district is also eligible to be
604-11 included in an enterprise zone by the municipality under Chapter
604-12 2303, Government Code.
604-13 Sec. 376.103. OWNERSHIP OF PROPERTY BY THE DISTRICT. After
604-14 title to real property is acquired by the district, an independent
604-15 school district, community college district, county, municipality,
604-16 hospital district, or other political subdivision or taxing
604-17 authority may not foreclose its tax lien or otherwise pursue unpaid
604-18 taxes on the property that accrued before the district's ownership
604-19 of the property, against the district or any successor in title to
604-20 the district that is a political subdivision of this state,
604-21 regardless of the manner in which or the price for which the
604-22 district obtained title to the property.
604-23 (c) The following laws are repealed:
604-24 (1) Chapters 436, 491, and 496, Acts of the 74th
605-1 Legislature, Regular Session, 1995; and
605-2 (2) Chapter 817, Acts of the 72nd Legislature, Regular
605-3 Session, 1991.
605-4 SECTION 23.05. Subchapter D, Chapter 312, Tax Code, is
605-5 transferred to the Local Government Code, designated as Chapter
605-6 383, Local Government Code, and amended to read as follows:
605-7 CHAPTER 383. COUNTY DEVELOPMENT DISTRICTS
605-8 SUBCHAPTER A. GENERAL PROVISIONS
605-9 Sec. 383.001. SHORT TITLE. This chapter may be cited as the
605-10 County Development District Act.
605-11 Sec. 383.002. LEGISLATIVE INTENT. This chapter furthers the
605-12 public purpose of developing and diversifying the economy of this
605-13 state by providing incentives for the location and development of
605-14 projects in certain counties to attract visitors and tourists.
605-15 Sec. 383.003. FINDINGS. (a) Small and medium-sized
605-16 counties in this state need incentives for the development of
605-17 public improvements to attract visitors and tourists to those
605-18 counties, and those counties are at a disadvantage in competing
605-19 with counties in other states for the location and development of
605-20 projects that attract visitors by virtue of the availability and
605-21 prevalent use of financial incentives in other states.
605-22 (b) The means and measures authorized by this chapter are in
605-23 the public interest and serve a public purpose of this state in
605-24 promoting the economic welfare of the residents of this state by
606-1 providing incentives for the location and development in certain
606-2 counties of this state of projects that attract visitors and
606-3 tourists and that result in employment and economic activity.
606-4 (c) The creation of development districts is essential to
606-5 the accomplishment of Section 52-a, Article III, Texas
606-6 Constitution, and to the accomplishment of the other public
606-7 purposes stated in this chapter and further serves the purpose of
606-8 Section 59, Article XVI, and Section 52, Article III, Texas
606-9 Constitution.
606-10 Sec. 383.004. DEFINITIONS. In this chapter:
606-11 (1) "Board" means the board of directors of the
606-12 district.
606-13 (2) "Bonds" includes notes and other obligations.
606-14 (3) "Commissioners court" means the governing body of
606-15 the county.
606-16 (4) "Cost" has the meaning assigned by Section 2(4),
606-17 Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas
606-18 Civil Statutes).
606-19 (5) "County" means the county in which the district is
606-20 located.
606-21 (6) "Director" means a member of the board.
606-22 (7) "District" means a county development district
606-23 created under this chapter.
606-24 (8) "Project" has the meaning assigned by Section
607-1 4B(a)(2), Development Corporation Act of 1979 (Article 5190.6,
607-2 Vernon's Texas Civil Statutes).
607-3 Sec. 383.005. GOVERNMENTAL AGENCY; TORT CLAIMS. A district
607-4 is a governmental agency, a body politic and corporate, and a
607-5 political subdivision of the state. Section 375.004 applies to a
607-6 district.
607-7 (Sections 383.006-383.020 reserved for expansion
607-8 SUBCHAPTER B. CREATION OF DISTRICT; TEMPORARY BOARD
607-9 Sec. 383.021. COUNTIES AUTHORIZED TO CREATE DISTRICTS. (a)
607-10 The commissioners court of a county with a population of 400,000 or
607-11 less, on petition of the owners of land in a proposed district, may
607-12 commence the creation of a county development district.
607-13 (b) The creation of the district is subject to a
607-14 confirmation election held as provided by this chapter.
607-15 Sec. 383.022. PETITION OF LANDOWNERS. To create a district,
607-16 a petition requesting creation must be filed with the commissioners
607-17 court of the county in which all of the land in the proposed
607-18 district is located. The petition must be accompanied by a sworn
607-19 statement indicating consent to creation signed by the holders of
607-20 fee simple title of all of the land in the proposed district.
607-21 Sec. 383.023. CONTENTS OF PETITION. The petition must:
607-22 (1) describe the boundaries of the proposed district
607-23 by metes and bounds or by lot and block number, if there is a
607-24 recorded map or plat and survey of the area;
608-1 (2) include a name for the proposed district, which
608-2 must include the name of the county followed by the words
608-3 "Development District No.______";
608-4 (3) include the names of five persons who are willing
608-5 and qualified to serve as temporary directors of the proposed
608-6 district;
608-7 (4) state the general nature of the work proposed to
608-8 be done and the cost of the project as then estimated by the
608-9 petitioners; and
608-10 (5) state the necessity and feasibility of the
608-11 proposed district and whether the district will serve the public
608-12 purpose of attracting visitors and tourists to the county.
608-13 Sec. 383.024. COMMISSION HEARING; CONTENTS OF NOTICE.
608-14 Before the 61st day after the date a petition is received, the
608-15 commissioners court shall set a date, time, and place at which the
608-16 petition shall be heard and shall issue notice of the date, time,
608-17 place, and subject matter of the hearing. The notice shall inform
608-18 all persons of their right to appear and present evidence and
608-19 testify for or against the creation of the district.
608-20 Sec. 383.025. NOTICE OF HEARING. Before the 30th day before
608-21 the date set for the hearing, notice of the hearing shall be mailed
608-22 to the developer who signed the petition and the landowners of all
608-23 the land in the district and shall be published in a newspaper with
608-24 general circulation in the county in which the proposed district is
609-1 located.
609-2 Sec. 383.026. HEARING. At the hearing, the commissioners
609-3 court shall examine the petition to ascertain its sufficiency, and
609-4 any interested person may appear before the commissioners court to
609-5 offer testimony on the sufficiency of the petition and whether the
609-6 district should be created.
609-7 Sec. 383.027. GRANTING OR REFUSING PETITION. (a) After the
609-8 hearing, if the commissioners court finds that the petition
609-9 conforms to the requirements of Section 383.022 and that the
609-10 creation of the district and the proposed project is feasible and
609-11 necessary and would serve the public purpose of attracting visitors
609-12 and tourists to the county, the commissioners court shall make that
609-13 finding and enter an order creating the district.
609-14 (b) If the commissioners court finds that the petition does
609-15 not conform to the requirements of Section 383.022 or that the
609-16 creation of the district and the proposed project is not feasible
609-17 and necessary and would not serve the purpose of attracting
609-18 visitors and tourists to the county, the commissioners court shall
609-19 make that finding in an order and deny the petition.
609-20 Sec. 383.028. TEMPORARY DIRECTORS; VACANCY IN OFFICE. (a)
609-21 If the commissioners court grants the petition, it shall appoint to
609-22 serve as temporary directors of the district five persons who are
609-23 qualified under this chapter to serve as directors.
609-24 (b) A vacancy in the office of temporary director shall be
610-1 filled by appointment by the commissioners court.
610-2 Sec. 383.029. QUALIFICATION OF TEMPORARY DIRECTORS;
610-3 ORGANIZATION. (a) Each temporary director shall execute a bond in
610-4 accordance with Section 383.046 and shall take an oath of office.
610-5 (b) The board shall meet and organize.
610-6 Sec. 383.030. CONFIRMATION AND SALES AND USE TAX ELECTION.
610-7 The temporary board of directors shall conduct an election in the
610-8 district to confirm the creation of the district and authorize a
610-9 sales and use tax in conformity with this chapter.
610-10 Sec. 383.031. ELECTION ORDER. An order calling an election
610-11 under Section 383.030 must state:
610-12 (1) the nature of the election, including the
610-13 proposition that is to appear on the ballot;
610-14 (2) the date of the election;
610-15 (3) the hours during which the polls will be open;
610-16 (4) the location of the polling places; and
610-17 (5) the proposed rate of the sales and use tax for the
610-18 district.
610-19 Sec. 383.032. NOTICE. The temporary directors shall give
610-20 notice of the election by publishing a substantial copy of the
610-21 election order once a week for two consecutive weeks in a newspaper
610-22 with general circulation in the county in which the proposed
610-23 district is located. The first publication must appear before the
610-24 14th day before the date set for the election.
611-1 Sec. 383.033. CONDUCT OF ELECTION. (a) The election shall
611-2 be held in accordance with the provisions of the Election Code, to
611-3 the extent not inconsistent with this chapter.
611-4 (b) The ballot shall be printed to permit voting for or
611-5 against the proposition: "The creation of ____________ County
611-6 Development District No. _____ and the adoption of a proposed local
611-7 sales and use tax rate of _____ (the rate specified in the election
611-8 order) to be used for the promotion and development of tourism."
611-9 Sec. 383.034. RESULTS OF ELECTION. (a) After the election,
611-10 the presiding judge shall make returns of the result to the
611-11 temporary board of directors. The temporary board of directors
611-12 shall canvass the returns and declare the results.
611-13 (b) If a majority of the votes cast in the election favor
611-14 the creation of the district and the adoption of the sales and use
611-15 tax, the temporary board shall declare that the district is created
611-16 and shall declare the amount of the local sales and use tax adopted
611-17 and enter the result in its minutes. If a majority of the votes
611-18 cast in the election are against the creation of the district and
611-19 the adoption of the sales and use tax, the temporary board shall
611-20 declare that the proposition to create the district was defeated
611-21 and enter the result in its minutes.
611-22 (c) A certified copy of the minute order declaring that the
611-23 district is created and the local sales and use tax adopted and
611-24 including the rate of the sales and use tax, or declaring that the
612-1 proposition to create the district was defeated, shall be sent to
612-2 the commissioners court, the comptroller, and any taxing entity by
612-3 certified or registered mail. The order shall also show the date
612-4 of the election, the proposition on which the vote was held, the
612-5 total number of votes cast for or against the proposition, and the
612-6 number of votes by which the proposition was approved.
612-7 (Sections 383.035-383.040 reserved for expansion
612-8 SUBCHAPTER C. ADMINISTRATIVE PROVISIONS; BOARD OF DIRECTORS
612-9 Sec. 383.041. BOARD OF DIRECTORS; TERMS. (a) A district is
612-10 governed by a board of five directors appointed by the
612-11 commissioners court of the county in which the district is located.
612-12 The temporary directors appointed under Section 383.028 shall
612-13 become permanent directors of the district, if the creation of the
612-14 district is confirmed at the confirmation election.
612-15 (b) Directors serve staggered terms of four years with two
612-16 or three members' terms expiring September 1 of every other year.
612-17 Following confirmation of the district at the election, the
612-18 temporary directors shall draw lots to determine:
612-19 (1) the two directors to serve terms that expire on
612-20 September 1 of the second year following creation of the district;
612-21 and
612-22 (2) the three directors to serve terms that expire on
612-23 September 1 of the fourth year following creation of the district.
612-24 Sec. 383.042. QUALIFICATIONS OF DIRECTOR. To be qualified
613-1 to serve as a director, a person must be at least 21 years of age,
613-2 a resident citizen of this state, and a qualified voter of the
613-3 county in which the district is located.
613-4 Sec. 383.043. PERSONS DISQUALIFIED TO SERVE. Section
613-5 50.026, Water Code, applies to a director of a district.
613-6 Sec. 383.044. REMOVAL OF DIRECTOR. The commissioners court,
613-7 after notice and hearing, may remove a director for misconduct or
613-8 failure to carry out the director's duties if petitioned by a
613-9 majority of the remaining directors.
613-10 Sec. 383.045. BOARD VACANCY. A vacancy in the office of
613-11 director shall be filled by appointment of the commissioners court.
613-12 Sec. 383.046. DIRECTOR'S COMPENSATION; BOND AND OATH OF
613-13 OFFICE. A director is not entitled to receive compensation for
613-14 service on the board. Sections 375.067, 375.069, and 375.070 apply
613-15 to a director.
613-16 Sec. 383.047. OFFICERS. After each appointment of directors
613-17 by the commissioners court, and after the directors have qualified
613-18 by taking the proper oath, the directors shall organize by electing
613-19 a president, a vice president, a secretary, and any other officer
613-20 the board considers necessary.
613-21 Sec. 383.048. QUORUM; OFFICERS' DUTIES. (a) Three
613-22 directors constitute a quorum and a concurrence of three is
613-23 sufficient in any matter relating to the business of the district.
613-24 (b) The president presides at all board meetings and is the
614-1 chief executive officer of the district. The vice president acts
614-2 as president if the president is absent or disabled.
614-3 (c) The secretary acts as president if both the president
614-4 and vice president are absent or disabled. The secretary acts as
614-5 secretary of the board and is responsible for seeing that all
614-6 records and books of the district are properly kept.
614-7 (d) The board may appoint another director, the general
614-8 manager, or an employee as assistant or deputy secretary to assist
614-9 the secretary. The assistant or deputy secretary may certify the
614-10 authenticity of any record of the district, including a proceeding
614-11 relating to a bond, contract, or indebtedness of the district.
614-12 Sec. 383.049. BYLAWS. The board may adopt bylaws to govern:
614-13 (1) the time, place, and manner of conducting board
614-14 meetings;
614-15 (2) the powers, duties, and other responsibilities of
614-16 the board's officers and employees;
614-17 (3) the disbursement of money by a check, draft, or
614-18 warrant;
614-19 (4) the appointment and authority of director
614-20 committees;
614-21 (5) the keeping of accounts and other records; and
614-22 (6) any other matter the board considers appropriate.
614-23 Sec. 383.050. MANAGEMENT OF DISTRICT. (a) The board has
614-24 control over and shall manage the affairs of the district and shall
615-1 employ any person, firm, partnership, or corporation the board
615-2 considers necessary for conducting the affairs of the district,
615-3 including engineers, attorneys, financial advisors, a general
615-4 manager, a utility operator, bookkeepers, auditors, and
615-5 secretaries.
615-6 (b) The board shall determine the term of office and the
615-7 compensation of any employee and consultant by contract or by
615-8 resolution of the board.
615-9 (c) The board may remove any employee.
615-10 (d) The board may require an officer or employer to execute
615-11 a bond payable to the district and conditioned on the faithful
615-12 performance of the person's duties.
615-13 Sec. 383.051. DIRECTOR INTERESTED IN CONTRACT. (a) A
615-14 director who is financially interested in a contract with the
615-15 district or a director who is an employee of a person who or firm
615-16 that is financially interested in a contract with the district
615-17 shall disclose that fact to the other directors. The disclosure
615-18 shall be entered into the minutes of the meeting.
615-19 (b) An interested director may not vote on the acceptance of
615-20 the contract or participate in the discussion on the contract.
615-21 (c) The failure of a director to disclose the director's
615-22 financial interest in a contract and to have the disclosure entered
615-23 in the minutes invalidates the contract.
615-24 Sec. 383.052. DISTRICT OFFICE. The board shall designate
616-1 and establish a district office in the county.
616-2 Sec. 383.053. MEETINGS AND NOTICE. (a) The board may
616-3 establish regular meetings to conduct district business and may
616-4 hold special meetings at other times as the business of the
616-5 district requires.
616-6 (b) Notice of the time, place, and purpose of a meeting of
616-7 the board shall be given by posting the notice at a place
616-8 convenient to the public in the district. A copy of the notice
616-9 shall be furnished to a clerk of the county, who shall post it on a
616-10 bulletin board in the county courthouse used for that purpose.
616-11 (c) Except as otherwise provided by this chapter, Chapter
616-12 551, Government Code, applies to the meetings of the board. Any
616-13 interested person may attend any meeting of the board.
616-14 (Sections 383.054-383.060 reserved for expansion
616-15 SUBCHAPTER D. POWERS AND DUTIES
616-16 Sec. 383.061. GENERAL POWERS OF DISTRICT. (a) A district
616-17 may acquire and dispose of projects and has all of the other
616-18 powers, authority, rights, and duties that will permit
616-19 accomplishment of the purposes for which the district was created.
616-20 (b) The district has the powers of a municipal management
616-21 district created under Chapter 375 to the extent not inconsistent
616-22 with this chapter.
616-23 (c) The district has the power to provide for general
616-24 promotion and tourist advertising of the district and its vicinity
617-1 and to conduct a marketing program to attract visitors, any of
617-2 which may be conducted by the district pursuant to contracts for
617-3 professional services with persons or organizations selected by the
617-4 district.
617-5 Sec. 383.062. SUITS. A district, after it is created and
617-6 confirmed, through its directors may sue and be sued in any court
617-7 of this state in the name of the district. Service of process in
617-8 any suit may be made by serving any two directors.
617-9 Sec. 383.063. EMINENT DOMAIN. (a) A district that is not
617-10 located within a municipality may exercise the power of eminent
617-11 domain to acquire land or interests in land in the district
617-12 considered necessary by the board for the purpose of providing
617-13 water and sewer services to an authorized project.
617-14 (b) The power of eminent domain shall be exercised in the
617-15 manner provided by Chapter 21, Property Code.
617-16 Sec. 383.064. EXPENDITURES. A district's money may be
617-17 disbursed only by check, draft, order, or another instrument that
617-18 must be signed by at least three directors. The general manager,
617-19 treasurer, or other employee of the district, if authorized by
617-20 resolution of the board, may sign checks, drafts, orders, or other
617-21 instruments on any district operation account and these need not be
617-22 signed by any other person.
617-23 Sec. 383.065. PURPOSES FOR BORROWING MONEY. The district
617-24 may borrow money for any corporate purpose or combination of
618-1 corporate purposes.
618-2 Sec. 383.066. REPAYMENT OF ORGANIZATIONAL EXPENSES. (a)
618-3 The directors may pay:
618-4 (1) all costs and expenses necessarily incurred in the
618-5 creation and organization of the district;
618-6 (2) the cost of investigation and making plans;
618-7 (3) the cost of the engineer's report;
618-8 (4) project designer fees;
618-9 (5) legal fees; and
618-10 (6) other incidental expenses.
618-11 (b) A director may reimburse any person for money advanced
618-12 for the costs, fees, and expenses described by Subsection (a).
618-13 (c) Payments under this section may be made from money
618-14 obtained from the issuance of notes or the sale of bonds first
618-15 issued by the district or from other district revenues.
618-16 (Sections 383.067-383.080 reserved for expansion
618-17 SUBCHAPTER E. BONDS
618-18 Sec. 383.081. ISSUANCE OF BONDS. The district may issue
618-19 bonds for the purpose of defraying all or part of the cost of any
618-20 project as provided in this chapter. Sections 375.201 through
618-21 375.208 apply to a district to the extent not inconsistent with
618-22 this chapter.
618-23 Sec. 383.082. MANNER OF REPAYMENT OF BONDS. The board may
618-24 provide for the payment of principal of and interest and redemption
619-1 price on bonds:
619-2 (1) from taxes;
619-3 (2) by pledging all or any part of the designated
619-4 revenues, license fees, or other compensation from a project or any
619-5 part of a project, including revenues and receipts derived by the
619-6 district from the lease or sale of the project;
619-7 (3) by pledging all or any part of any grant,
619-8 donation, revenue, or income received or to be received from any
619-9 public or private source; or
619-10 (4) from a combination of such sources.
619-11 Sec. 383.083. USE OF BOND PROCEEDS. The district may use
619-12 bond proceeds to:
619-13 (1) pay interest on the bonds during and after the
619-14 period of the acquisition or construction of a project;
619-15 (2) pay administrative and operating expenses;
619-16 (3) create a reserve fund for the payment of principal
619-17 and interest on the bonds; and
619-18 (4) pay all expenses incurred or that will be incurred
619-19 in the issuance, sale, and delivery of the bonds.
619-20 Sec. 383.084. ADDING AND EXCLUDING LAND FROM THE DISTRICT.
619-21 (a) Before the board issues bonds, the board, on its own motion or
619-22 on request of a landowner in the district, may petition the
619-23 commissioners court for the addition of land to or exclusion of
619-24 land from the district.
620-1 (b) If the commissioners court unanimously determines from
620-2 the evidence that the best interests of the persons and property in
620-3 the district will be served by adding or excluding land, the
620-4 commissioners court shall enter in its records the appropriate
620-5 findings and order adding or excluding land.
620-6 (Sections 383.085-383.100 reserved for expansion
620-7 SUBCHAPTER F. SALES AND USE TAX
620-8 Sec. 383.101. SALES AND USE TAX. (a) A district may impose
620-9 a sales and use tax for the benefit of the district if authorized
620-10 by a majority of the qualified voters of the district voting at an
620-11 election called for that purpose. The sales and use tax, if
620-12 adopted, does not count toward the limitation imposed by Chapter
620-13 323, Tax Code, on any sales and use tax that has been levied by the
620-14 county.
620-15 (b) If a district adopts the tax, there is imposed a tax on
620-16 the receipts from the sale at retail of taxable items in the
620-17 district at a rate of up to one-half of one percent. There is also
620-18 imposed an excise tax on the use, storage, or other consumption in
620-19 the district of taxable items purchased, leased, or rented from a
620-20 retailer during the period that the tax is effective in the
620-21 district. The rate of the excise tax is the same as the rate of
620-22 the sales tax portion of the tax applied to the sales price of the
620-23 taxable items and is included in the sales tax.
620-24 (c) For purposes of this section, "taxable items" includes
621-1 all items subject to any sales and use tax that is imposed by the
621-2 county if the county has imposed a sales and use tax.
621-3 Sec. 383.102. IMPOSITION, COMPUTATION, ADMINISTRATION, AND
621-4 GOVERNANCE OF TAX. (a) Chapter 323, Tax Code, to the extent not
621-5 inconsistent with this chapter, governs the imposition,
621-6 computation, administration, and governance of the tax under this
621-7 subchapter, except that Sections 323.101(b) and (e), Tax Code, and
621-8 Sections 323.209, 323.401 through 323.406, and 323.505, Tax Code,
621-9 do not apply.
621-10 (b) Chapter 323, Tax Code, does not apply to the use and
621-11 allocation of revenues under this chapter.
621-12 (c) In applying the procedures under Chapter 323, Tax Code,
621-13 the district's name shall be substituted for "the county" and
621-14 "board of directors" is substituted for "commissioners court."
621-15 Sec. 383.103. TAX RATES. The permissible rates for a local
621-16 sales and use tax levied under this chapter are one-fourth of one
621-17 percent, three-eighths of one percent, and one-half of one percent.
621-18 Sec. 383.104. ABOLITION OF OR CHANGE IN TAX RATE. (a) The
621-19 board by order may decrease or abolish the local sales and use tax
621-20 rate or may call an election to increase, decrease, or abolish the
621-21 local sales and use tax rate.
621-22 (b) At the election, the ballots shall be printed to permit
621-23 voting for or against the proposition: "The increase (decrease) in
621-24 the local sales and use tax rate of (name of district) to
622-1 (percentage) to be used for the promotion and development of
622-2 tourism" or "The abolition of the district sales and use tax used
622-3 for the promotion and development of tourism." The increase or
622-4 decrease in the tax rate is effective if it is approved by a
622-5 majority of the votes cast. In calling and holding the election,
622-6 the board shall use the procedure for the confirmation and tax
622-7 election set forth in this chapter.
622-8 Sec. 383.105. USE OF TAX. Taxes collected under this
622-9 subchapter may be used only for the purposes for which the district
622-10 was created, and the district may pledge the revenue derived from
622-11 the taxes imposed under this subchapter to the payment of bonds
622-12 issued by the district.
622-13 Sec. 383.106. LIMITATION ON ADOPTION OF TAX. (a) A
622-14 district may adopt a tax under this subchapter only if as a result
622-15 of adoption of the tax the combined rate of all local sales and use
622-16 taxes imposed by political subdivisions having territory in the
622-17 district will not exceed two percent.
622-18 (b) If, as a result of the imposition or increase in a sales
622-19 and use tax by a municipality in which there is located a district
622-20 with an existing sales and use tax or as a result of the annexation
622-21 by a municipality of the territory in a district with an existing
622-22 sales and use tax, the overlapping local sales and use taxes in the
622-23 area in the district will exceed two percent, the district's sales
622-24 and use tax rate is automatically reduced to a rate that when added
623-1 to the combined rate of local sales and use taxes will equal two
623-2 percent.
623-3 (c) If a district's tax rate is reduced in accordance with
623-4 Subsection (b), the municipality shall make payments to the
623-5 district equal to the amounts that would have been collected by the
623-6 district had the municipality not imposed or increased its sales
623-7 and use tax or annexed the area in the district, less amounts that
623-8 the district collects following the municipality's levy of or
623-9 increase in its sales and use tax or annexation of the area in the
623-10 district. The payment shall be made by the municipality to the
623-11 district within 10 days after the date of receipt of the money from
623-12 the comptroller's office and shall continue only for so long as any
623-13 bonds of the district are outstanding.
623-14 (Sections 383.107-383.110 reserved for expansion
623-15 SUBCHAPTER G. COMPETITIVE BIDDING
623-16 Sec. 383.111. COMPETITIVE BIDDING. Sections 375.221 and
623-17 375.223 apply to a district created under this chapter.
623-18 Sec. 383.112. EXEMPTION. Notwithstanding any other
623-19 provision of this chapter to the contrary, any contract between the
623-20 district and a governmental entity or nonprofit corporation created
623-21 under the Development Corporation Act of 1979 (Article 5190.6,
623-22 Vernon's Texas Civil Statutes) is not subject to the competitive
623-23 bidding requirements of this chapter.
623-24 (Sections 383.113-383.120 reserved for expansion
624-1 SUBCHAPTER H. DISSOLUTION
624-2 Sec. 383.121. DISSOLUTION OF DISTRICT. A district may be
624-3 dissolved only as provided by this subchapter.
624-4 Sec. 383.122. DISSOLUTION BY ORDER OF COMMISSIONERS COURT.
624-5 (a) The board may petition the commissioners court to dissolve the
624-6 district if a majority of the board finds at any time:
624-7 (1) before the authorization of bonds or the final
624-8 lending of its credit, that the proposed undertaking is
624-9 impracticable or cannot be successfully and beneficially
624-10 accomplished; or
624-11 (2) that all bonds of the district or other debts of
624-12 the district have been paid and the purposes of the district have
624-13 been accomplished.
624-14 (b) On receipt of a petition from the board for the
624-15 dissolution of the district, the commissioners court shall hold a
624-16 hearing as provided by Section 383.024.
624-17 (c) If the commissioners court unanimously determines from
624-18 the evidence that the best interests of the county and the owners
624-19 of property and interests in property in the district will be
624-20 served by dissolving the district, the commissioners court shall
624-21 enter in its records the appropriate findings and order dissolution
624-22 of the district. Otherwise the commissioners court shall enter its
624-23 order providing that the district has not been dissolved. On
624-24 dissolution of the district, funds and property of the district, if
625-1 any, shall be transferred to the commissioners court.
625-2 Sec. 383.123. DISSOLUTION OF DISTRICT ON AGREEMENT WITH
625-3 MUNICIPALITY. A district may be dissolved by agreement between the
625-4 governing body of a municipality and the board if all of the
625-5 territory in the district is located in or is annexed by the
625-6 municipality. The agreement shall require the municipality to
625-7 acquire all of the money, property, and other assets of the
625-8 district and assume all contracts, debts, bonds, and other
625-9 obligations of the district, and the municipality shall be bound in
625-10 the same manner and to the same extent that the district was bound
625-11 with respect to those contracts, debts, bonds, and other
625-12 obligations. On dissolution of the district, the taxes levied by
625-13 the district are abolished.
625-14 SECTION 23.06. Section 402.903(d), Local Government Code, is
625-15 amended to correct references to read as follows:
625-16 (d) Notwithstanding any express or implied limitation on
625-17 municipal power or purposes under any general or special law,
625-18 charter provision, or ordinance, this section [chapter] is
625-19 authority for the performance of an agreement or contract entered
625-20 into under this section [chapter].
625-21 ARTICLE 24. CHANGES RELATING TO NATURAL RESOURCES CODE (WETLANDS)
625-22 SECTION 24.01. (a) The Natural Resources Code is amended
625-23 to codify Article 6, Chapter 3, Acts of the 72nd Legislature, 1st
625-24 Called Session, 1991 (Article 5421u, Vernon's Texas Civil
626-1 Statutes), by adding Title 12 to read as follows:
626-2 TITLE 12. WETLANDS
626-3 CHAPTER 221. WETLAND MITIGATION
626-4 SUBCHAPTER A. GENERAL PROVISIONS
626-5 Sec. 221.001. DEFINITIONS. In this chapter:
626-6 (1) "Buffer zone" means a strip of land adjoining a
626-7 wetland mitigation bank to protect the wetland habitat and wildlife
626-8 within the bank from the impact of an activity outside the zone.
626-9 The term includes a strip of land composed primarily of water or a
626-10 strip of land that includes a fence, wall, or screen of vegetation.
626-11 (2) "Eligible political subdivision" means:
626-12 (A) a county with a population of 2,100,000 or
626-13 more or a county adjacent to such a county; or
626-14 (B) a conservation and reclamation district:
626-15 (i) that is established under Section 59,
626-16 Article XVI, Texas Constitution;
626-17 (ii) the boundaries of which are within a
626-18 county that has a population of 2,100,000 or more; and
626-19 (iii) that is authorized under other law
626-20 to participate in a program under this chapter.
626-21 (3) "Federal requirement" means a requirement of the
626-22 federal government contained in a statute, regulation, or guideline
626-23 for an eligible mitigation bank program or a wetland regulation
626-24 program.
627-1 (4) "Mitigation bank" means a parcel of land that has
627-2 undergone or is proposed to undergo a physical change necessary to
627-3 create or optimize the acreage or quality of wetland habitat on the
627-4 parcel expressly to provide a mitigation credit to offset an
627-5 adverse impact to wetland caused by an approved project located
627-6 elsewhere.
627-7 (5) "Mitigation credit" means a unit of measured area
627-8 that supports wetland habitat or wetland habitat value that did not
627-9 exist at the mitigation bank site before the mitigation bank was
627-10 developed.
627-11 (6) "Wetland" means land that:
627-12 (A) has a predominance of hydric soil;
627-13 (B) is inundated or saturated by surface or
627-14 groundwater at a frequency and duration sufficient to support a
627-15 prevalence of hydrophytic vegetation typically adapted for life in
627-16 saturated soil conditions; and
627-17 (C) under normal circumstances does support a
627-18 prevalence of that vegetation.
627-19 (7) "Wetland regulation program" means a program of
627-20 the state, a state agency, or an eligible political subdivision
627-21 under which the state, agency, or subdivision administers its own
627-22 individual or general permit program regulating the use of wetland.
627-23 Sec. 221.002. USE OF MONEY. A state agency or an eligible
627-24 political subdivision may use any money to accomplish a purpose of
628-1 this chapter.
628-2 Sec. 221.003. COST OF MOVING OR CHANGING FACILITY. If a
628-3 state agency, eligible political subdivision, or nonprofit
628-4 corporation, in exercising a power under this chapter, makes it
628-5 necessary to move, raise, lower, reroute, or change the grade of or
628-6 alter the construction of a pipeline, highway, railroad, electric
628-7 transmission or distribution line, or telephone or telegraph
628-8 property or facility, the agency, subdivision, or corporation must
628-9 bear the sole expense of the action.
628-10 (Sections 221.004-221.020 reserved for expansion
628-11 SUBCHAPTER B. WETLAND MITIGATION BANKING AND CONTRACTS
628-12 Sec. 221.021. ACTIONS TO ESTABLISH OR MAINTAIN MITIGATION
628-13 BANK. (a) With the approval of the General Land Office, a state
628-14 agency or eligible political subdivision may take any necessary and
628-15 reasonable action to comply with a federal requirement to establish
628-16 or maintain a mitigation bank. An action under this section may
628-17 include:
628-18 (1) authorizing or making a continuing study of
628-19 wetland areas and wetland mitigation programs;
628-20 (2) consistent with federal requirements, engaging in
628-21 a wetland mitigation program and adopting and enforcing permanent
628-22 land use and control measures on land the agency or subdivision
628-23 owns in a mitigation bank;
628-24 (3) consulting with, providing information to, and
629-1 entering into an agreement with a federal agency to identify and
629-2 publish information about wetland areas;
629-3 (4) cooperating with a federal or state agency in
629-4 connection with a study or investigation regarding the adequacy of
629-5 a local measure with respect to a federal or state wetland program;
629-6 (5) improving the long-range management or use of
629-7 wetland or a wetland mitigation bank;
629-8 (6) purchasing, leasing, condemning, or otherwise
629-9 acquiring property inside or outside the eligible political
629-10 subdivision that is necessary for a wetland mitigation bank or
629-11 buffer zone and, as necessary, improving the land or other property
629-12 as a wetland mitigation bank, including any adjacent buffer zone,
629-13 to comply with a federal requirement;
629-14 (7) requesting or receiving aid from a federal or
629-15 state agency or an eligible political subdivision;
629-16 (8) purchasing, selling, or contracting to purchase or
629-17 sell a mitigation credit in a mitigation bank;
629-18 (9) incurring a liability or borrowing money on terms
629-19 approved by the governing body of the subdivision;
629-20 (10) acquiring, holding, using, selling, leasing, or
629-21 disposing of real or personal property, including a license,
629-22 patent, right, or interest, that is necessary, convenient, or
629-23 useful for the full exercise of a power under this chapter;
629-24 (11) contracting with any operator to use or operate
630-1 any part of a mitigation bank; and
630-2 (12) procuring any type of insurance and paying an
630-3 insurance premium in an amount the governing body of the eligible
630-4 political subdivision considers necessary or advisable.
630-5 (b) The power of eminent domain granted by this section does
630-6 not enable a state agency or eligible political subdivision to
630-7 acquire by condemnation an interest in land that is owned or used
630-8 by a public utility. In this subsection, "public utility" has the
630-9 meaning assigned by the Public Utility Regulatory Act of 1995
630-10 (Article 1446c-0, Vernon's Texas Civil Statutes).
630-11 Sec. 221.022. OPTIONAL MITIGATION BANK PROVISIONS. A
630-12 mitigation bank project may include a provision for:
630-13 (1) a park;
630-14 (2) recreation;
630-15 (3) a scenic area; or
630-16 (4) flood control.
630-17 Sec. 221.023. MITIGATION BANK CONTRACTS; CONTRACT PAYMENTS.
630-18 (a) A state agency or eligible political subdivision may contract
630-19 with another state agency or eligible political subdivision to pay
630-20 jointly any part of the cost to acquire, design, construct,
630-21 improve, or maintain a wetland mitigation bank or a buffer zone.
630-22 (b) Payment of the cost of a project or a payment required
630-23 to be made under a contract may be made out of bond proceeds,
630-24 taxes, or any other money available for the payment.
631-1 (c) If a contract provides for payment over a term of years,
631-2 an eligible political subdivision may impose a tax in an amount
631-3 necessary to:
631-4 (1) create a sinking fund for the contract payments;
631-5 and
631-6 (2) make the payments when due.
631-7 (Sections 221.024-221.040 reserved for expansion
631-8 SUBCHAPTER C. PROVISIONS FOR POLITICAL SUBDIVISIONS
631-9 Sec. 221.041. APPLICATION TO FEDERAL AGENCY. On behalf of
631-10 an eligible political subdivision that proposes to administer its
631-11 own individual or general wetland regulation program, the governor
631-12 may apply to the appropriate federal agency for program approval.
631-13 Sec. 221.042. COMPLIANCE WITH FEDERAL PROGRAM. An eligible
631-14 political subdivision authorized to implement a wetland mitigation
631-15 program may comply with a program established by the federal
631-16 government with respect to the implementation of a wetland
631-17 regulation program or for the acquisition, ownership, or operation
631-18 of a wetland mitigation bank.
631-19 Sec. 221.043. COUNTY APPROVAL OF POLITICAL SUBDIVISION
631-20 PROGRAM. An eligible political subdivision may not institute a
631-21 wetland regulation program unless the commissioners court of each
631-22 county in which the eligible political subdivision lies approves
631-23 the program after conducting a public hearing.
631-24 Sec. 221.044. RULES FOR WETLAND DELINEATION. (a) An
632-1 eligible political subdivision authorized to implement a wetland
632-2 mitigation program may adopt and compile reasonably necessary
632-3 rules.
632-4 (b) An eligible political subdivision by rule may set
632-5 standards for delineating land as wetland for purposes of:
632-6 (1) this chapter; or
632-7 (2) a federal requirement.
632-8 (c) A rule under Subsection (b) may be adopted after
632-9 consultation with federal agencies, including the United States
632-10 Fish and Wildlife Service, the United States Environmental
632-11 Protection Agency, the United States Army Corps of Engineers, and
632-12 the Soil Conservation Service of the United States Department of
632-13 Agriculture.
632-14 (d) A standard for delineating wetland must comply with
632-15 federal requirements for delineating wetland.
632-16 Sec. 221.045. PERMIT. (a) An eligible political
632-17 subdivision authorized to implement a wetland mitigation program
632-18 may issue a permit that incorporates, and assures compliance with,
632-19 an applicable:
632-20 (1) requirement of this chapter; or
632-21 (2) federal requirement.
632-22 (b) A permit may be terminated or modified for cause,
632-23 including:
632-24 (1) violation of a permit condition;
633-1 (2) obtaining a permit by misrepresentation or not
633-2 fully disclosing all relevant facts; or
633-3 (3) a change in a condition that requires temporarily
633-4 or permanently reducing or eliminating the permitted activity.
633-5 Sec. 221.046. MITIGATION BANK FINANCING. (a) A mitigation
633-6 project participant may issue a bond, note, or other obligation to
633-7 acquire land for, to pay any part of the cost of, or to acquire,
633-8 construct, improve, operate, or maintain a wetland mitigation bank.
633-9 (b) The subdivision may issue a bond, note, or obligation:
633-10 (1) in one or more series; and
633-11 (2) payable from and secured by:
633-12 (A) a tax;
633-13 (B) an assessment;
633-14 (C) an impact fee;
633-15 (D) revenue;
633-16 (E) a grant or gift;
633-17 (F) a lease or contract; or
633-18 (G) a combination of resources listed in
633-19 Paragraphs (A)-(F).
633-20 (c) In this section, "mitigation project participant" means
633-21 an eligible political subdivision that seeks to:
633-22 (1) implement a project the unavoidable result of
633-23 which would adversely affect wetland; and
633-24 (2) compensate for the loss of wetland acreage or
634-1 wetland habitat value through participation in a mitigation bank.
634-2 Sec. 221.047. BOND REQUIREMENTS. (a) A bond issued under
634-3 Section 221.046 is a negotiable instrument within the meaning and
634-4 for purposes of the Business & Commerce Code.
634-5 (b) The bond may be:
634-6 (1) issued registrable as to principal or as to both
634-7 principal and interest; or
634-8 (2) made redeemable before maturity.
634-9 (c) The bond may be:
634-10 (1) issued in the form, denominations, and manner and
634-11 under the terms provided by the order or resolution authorizing the
634-12 issuance of the bond; and
634-13 (2) sold in the manner, at the price, and under the
634-14 terms provided by the order or resolution authorizing the issuance
634-15 of the bond.
634-16 (d) The bond shall:
634-17 (1) be executed in accordance with the order or
634-18 resolution authorizing the issuance of the bond; and
634-19 (2) bear interest at the rate provided by the order or
634-20 resolution authorizing the issuance of the bond.
634-21 (e) The bond may bear interest and may be issued in
634-22 accordance with:
634-23 (1) Chapter 503, Acts of the 54th Legislature, 1955
634-24 (Article 717k, Vernon's Texas Civil Statutes);
635-1 (2) Chapter 3, Acts of the 61st Legislature, Regular
635-2 Session, 1969 (Article 717k-2, Vernon's Texas Civil Statutes);
635-3 (3) the Bond Procedures Act of 1981 (Article 717k-6,
635-4 Vernon's Texas Civil Statutes); or
635-5 (4) Chapter 656, Acts of the 68th Legislature, Regular
635-6 Session, 1983 (Article 717q, Vernon's Texas Civil Statutes).
635-7 (f) The bond may be additionally secured by a:
635-8 (1) mortgage or deed of trust on real property that is
635-9 related to the mitigation bank; or
635-10 (2) chattel mortgage, lien, or security interest on
635-11 personal property appurtenant to that real property.
635-12 (g) The eligible political subdivision may authorize the
635-13 execution of a trust indenture, mortgage, deed of trust, or other
635-14 encumbrance to evidence the indebtedness.
635-15 (h) The eligible political subdivision may pledge to the
635-16 payment of the bond any part of a grant, a donation, revenue, or
635-17 income received or to be received from the United States or any
635-18 other source.
635-19 Sec. 221.048. BOND PROCEEDS. If the use authorized by the
635-20 order or resolution authorizing the issuance of a bond under
635-21 Section 221.046, the bond proceeds may be used to:
635-22 (1) pay interest on the bond during or after the
635-23 acquisition or construction of an improvement project financed by
635-24 the bond issue;
636-1 (2) pay administrative and operation expenses;
636-2 (3) create a reserve fund for payment of the principal
636-3 of and interest on the bonds; or
636-4 (4) create any other fund.
636-5 (b) Article 6, Chapter 3, Acts of the 72nd Legislature, 1st
636-6 Called Session, 1991 (Article 5421u, Vernon's Texas Civil
636-7 Statutes), is repealed.
636-8 ARTICLE 25. CHANGES RELATING TO NATURAL RESOURCES CODE (TEXAS
636-9 SURFACE COAL MINING AND RECLAMATION ACT)
636-10 SECTION 25.01. (a) Section 134.004, Natural Resources Code,
636-11 is amended to more closely conform to the law from which it was
636-12 derived to read as follows:
636-13 Sec. 134.004. DEFINITIONS. In this chapter:
636-14 (1) "Affected person" means a person having an
636-15 interest that is or may be affected.
636-16 (2) "Alluvial valley floors" means the unconsolidated
636-17 stream-laid deposits holding streams where water availability is
636-18 sufficient for subirrigation or flood irrigation agricultural
636-19 activities. The term does not include upland areas that are
636-20 generally overlaid by a thin veneer of colluvial deposits composed
636-21 chiefly of debris from sheet erosion, deposits by unconcentrated
636-22 runoff or slope wash, together with talus, other mass movement
636-23 accumulation, or windblown deposits.
636-24 (3) "Applicant" means a person or other legal entity
637-1 seeking a permit from the commission to conduct surface coal mining
637-2 activities or underground mining activities under this chapter.
637-3 (4) "Approximate original contour" means the surface
637-4 configuration achieved by backfilling and grading the mined area so
637-5 that the reclaimed area, including any terracing or access roads,
637-6 closely resembles the general surface configuration of the land
637-7 before mining and blends into and complements the drainage pattern
637-8 of the surrounding terrain, with all highwalls and spoil piles
637-9 eliminated.
637-10 (5) [(4)] "Coal" means all forms of coal and includes
637-11 lignite.
637-12 (6) [(5)] "Coal exploration operations" means the
637-13 substantial disturbance of the surface or subsurface for or related
637-14 to the purpose of determining the location, quantity, or quality of
637-15 a coal deposit.
637-16 (7) [(6)] "Commission" means the Railroad Commission
637-17 of Texas.
637-18 (8) [(7)] "Federal Act" means the Surface Mining
637-19 Control and Reclamation Act of 1977 (30 U.S.C. Section 1201 et
637-20 seq.).
637-21 (9) [(8)] "Imminent danger to the health or safety of
637-22 the public" means the existence of a condition or practice or a
637-23 violation of a permit or other requirement of this chapter in a
637-24 surface coal mining and reclamation operation that could reasonably
638-1 be expected to cause substantial physical harm to persons outside
638-2 the permit area before the condition, practice, or violation can be
638-3 abated. A reasonable expectation of death or serious injury before
638-4 abatement exists if a rational person, subjected to the same
638-5 conditions or practices giving rise to the peril, would not expose
638-6 himself to the danger during the time necessary for abatement.
638-7 (10) [(9)] "Operator" means a person engaged in coal
638-8 mining who removes or intends to remove more than 250 tons of coal
638-9 from the earth by coal mining within 12 consecutive months in one
638-10 location.
638-11 (11) [(10)] "Other minerals" means clay, stone, sand,
638-12 gravel, metalliferous and nonmetalliferous ores, and other solid
638-13 materials or substances of commercial value excavated in solid form
638-14 from natural deposits on or in the earth, exclusive of coal and
638-15 those minerals that occur naturally in liquid or gaseous form.
638-16 (12) [(11)] "Permit" means a permit to conduct surface
638-17 coal mining and reclamation operations or underground mining
638-18 operations issued by the commission.
638-19 (13) [(12)] "Permit area" means the area of land
638-20 indicated on the approved map submitted by the operator with the
638-21 operator's application, which area of land must be covered by an
638-22 operator's bond as required by Subchapter F and readily
638-23 identifiable by appropriate markers on the site.
638-24 (14) [(13)] "Permit holder" means a person holding a
639-1 permit to conduct surface coal mining and reclamation operations or
639-2 underground mining activities under this chapter.
639-3 (15) [(14)] "Person" means an individual, partnership,
639-4 society, joint-stock company, firm, company, corporation, business
639-5 organization, governmental agency, or any organization or
639-6 association of citizens.
639-7 (16) [(15)] "Prime farmland" means land that the
639-8 commission determines meets the criteria prescribed by the
639-9 secretary of agriculture and published in the Federal Register,
639-10 including moisture availability, temperature regime, chemical
639-11 balance, permeability without regard to annual mean soil
639-12 temperatures, surface layer composition, susceptibility to
639-13 flooding, and erosion characteristics, and that historically has
639-14 been used for intensive agricultural purposes. Land has not
639-15 historically been used for the production of cultivated crops if:
639-16 (A) the land has been used as woodland or
639-17 rangeland; or
639-18 (B) the only cultivation has been disking to:
639-19 (i) establish or help maintain bermuda
639-20 grass used as forage; or
639-21 (ii) plant oats or rye for quick cover, to
639-22 be used as forage and not as a grain crop.
639-23 (17) [(16)] "Secretary of agriculture" means the
639-24 secretary of the United States Department of Agriculture.
640-1 (18) [(17)] "Secretary of the interior" means the
640-2 secretary of the United States Department of the Interior.
640-3 (19) [(18)] "Surface coal mining and reclamation
640-4 operations" means surface coal mining operations and the activities
640-5 necessary and incidental to the reclamation of those operations.
640-6 (20) [(19)] "Surface coal mining operations" means:
640-7 (A) activities conducted on the surface of land
640-8 in connection with a surface coal mine or subject to the
640-9 requirements of Section 134.015 incidental to an underground coal
640-10 mine, including excavation for the purpose of obtaining coal,
640-11 including such common methods as contour, strip, auger, mountaintop
640-12 removal, box cut, open pit, and area mining, the use of explosives
640-13 and blasting, and in situ distillation or retorting, leaching or
640-14 other chemical or physical processing, and the cleaning,
640-15 concentrating, or other processing or preparation, loading of coal
640-16 at or near the mine site; excluding the extraction of coal
640-17 incidental to the extraction of other minerals where the coal does
640-18 not exceed 16 2/3 percent of the total tonnage of coal and other
640-19 minerals removed annually for purposes of commercial use or sale or
640-20 coal explorations subject to this chapter; and
640-21 (B) the areas on which those activities occur or
640-22 where those activities disturb the natural land surface, areas
640-23 adjacent to land the use of which is incidental to any of those
640-24 activities, all land affected by the construction of new roads or
641-1 the improvement or use of existing roads to gain access to the site
641-2 of those activities and for haulage, and excavations, workings,
641-3 impoundments, dams, ventilation shafts, entryways, refuse banks,
641-4 dumps, stockpiles, overburden piles, spoil banks, culm banks,
641-5 tailings, holes or depressions, repair areas, storage areas,
641-6 processing areas, shipping areas, and other areas on which are
641-7 sited structures, facilities, or other property or materials on the
641-8 surface, resulting from or incident to those activities.
641-9 (21) [(20)] "Unwarranted failure to comply" means the
641-10 failure of a permit holder to prevent the occurrence of any
641-11 violation of the permit holder's permit or any requirement of this
641-12 chapter due to indifference, lack of diligence, or lack of
641-13 reasonable care, or the failure to abate any violation of the
641-14 permit holder's permit or this chapter due to indifference, lack of
641-15 diligence, or lack of reasonable care.
641-16 (b) Section 134.005(a), Natural Resources Code, is amended
641-17 to more closely conform to Section 528, Surface Mining Control and
641-18 Reclamation Act of 1977 (30 U.S.C. Section 1278), to read as
641-19 follows:
641-20 (a) This chapter does not apply to the extraction of coal:
641-21 (1) by a landowner for the landowner's own
641-22 noncommercial use from land owned or leased by the landowner; or
641-23 (2) [for commercial purposes if the surface mining
641-24 operation affects two acres or less; and]
642-1 [(3)] incidental to federal, state, or local
642-2 government-financed highway or other construction under commission
642-3 rules.
642-4 (c) Subchapter A, Chapter 134, Natural Resources Code, is
642-5 amended to more closely conform to the law from which it was
642-6 derived by adding Section 134.008 to read as follows:
642-7 Sec. 134.008. APPLICABILITY TO GOVERNMENTAL UNITS. An
642-8 agency, unit, or instrumentality of federal, state, or local
642-9 government, including a publicly owned utility or publicly owned
642-10 corporation of federal, state, or local government, that proposes
642-11 to engage in surface coal mining operations that are subject to
642-12 this chapter shall comply with this chapter.
642-13 (d) Section 134.014, Natural Resources Code, is amended to
642-14 more closely conform to the law from which it was derived to read
642-15 as follows:
642-16 Sec. 134.014. COAL EXPLORATION OPERATIONS. (a) A person
642-17 who conducts coal exploration operations that substantially disturb
642-18 the natural land surface shall comply with commission rules adopted
642-19 to govern those operations. The rules shall require that before
642-20 conducting the exploration, a person file with the commission
642-21 notice of intent to explore and include with the notice:
642-22 (1) a description of the exploration area and the
642-23 period of proposed exploration; and
642-24 (2) provisions for reclaiming, in accordance with the
643-1 performance standards in Sections 134.091 through 134.109, the land
643-2 disturbed in exploration, including provisions for reclamation of
643-3 excavations, roads, and drill holes and for removal of necessary
643-4 facilities and equipment.
643-5 (b) A person who conducts coal exploration operations that
643-6 substantially disturb the natural land surface in violation of this
643-7 section or a rule adopted under this section is subject to Sections
643-8 134.174 through 134.181.
643-9 (c) An operator may not remove more than 250 tons of coal
643-10 under an exploration permit without the specific written approval
643-11 of the commission.
643-12 (e) Section 134.022(c), Natural Resources Code, is amended
643-13 to more closely conform to the law from which it was derived to
643-14 read as follows:
643-15 (c) This section is subject to rights existing on August 3,
643-16 1977 [May 9, 1979], and does not affect surface coal mining
643-17 operations that existed on August 3, 1977.
643-18 (f) Sections 134.068 and 134.069, Natural Resources Code,
643-19 are amended to conform to Section 2, Chapter 272, Acts of the 74th
643-20 Legislature, Regular Session, 1995, to read as follows:
643-21 Sec. 134.068. SCHEDULE OF NOTICES OF VIOLATIONS. (a) The
643-22 applicant shall file with the application a schedule listing any
643-23 notices of violations of this chapter, the federal Act, a federal
643-24 regulation or federal or state program adopted under the federal
644-1 Act, or another [of a] law, rule, or regulation of the United
644-2 States, [or] this state, or a department or agency in the United
644-3 States pertaining to air or water environmental protection incurred
644-4 by the applicant in connection with a surface coal mining operation
644-5 [in this state] during the three years before the application date.
644-6 (b) The schedule must indicate [applicant shall include in
644-7 the schedule] the final resolution of any notice of violation.
644-8 Sec. 134.069. EFFECT OF PAST OR PRESENT VIOLATION. (a) If
644-9 the schedule under Section 134.068 or other information available
644-10 to the commission indicates that a surface coal mining operation
644-11 owned or controlled by the applicant is currently in violation of
644-12 this chapter or another law referred to in Section 134.068 [that
644-13 section], the commission may not issue a permit until the applicant
644-14 submits proof that[:]
644-15 [(1)] the violation has been corrected or is being
644-16 corrected to the satisfaction of the commission, department, or
644-17 agency with jurisdiction over the violation[; or]
644-18 [(2) the applicant is contesting the notice of
644-19 violation].
644-20 (b) The commission may not issue a permit to an applicant if
644-21 it finds, after opportunity for hearing, that the applicant or
644-22 operator specified in the application controls or has controlled
644-23 mining operations with a demonstrated pattern of wilful violations
644-24 of this chapter or another law referred to in Section 134.068 that,
645-1 by their nature and duration and the resulting irreparable damage
645-2 to the environment, indicate an intent not to comply with this
645-3 chapter or another law referred to in that section.
645-4 (g) Subchapter D, Chapter 134, Natural Resources Code, is
645-5 amended by adding Section 134.084 to conform to Sections 1 and 3,
645-6 Chapter 272, Acts of the 74th Legislature, Regular Session, 1995,
645-7 to read as follows:
645-8 Sec. 134.084. SUSPENSION OR RESCISSION OF IMPROVIDENTLY
645-9 ISSUED PERMIT. (a) The commission may suspend or rescind an
645-10 improvidently issued permit under rules adopted by the commission.
645-11 (b) A rule adopted by the commission under this section must
645-12 be consistent with and not less effective than a regulation adopted
645-13 under the federal Act.
645-14 (c) Except as provided by Subsection (d), Chapter 2001,
645-15 Government Code, does not apply to an action by the commission
645-16 under this section to suspend or rescind an improvidently issued
645-17 permit.
645-18 (d) A permit holder who is given notice of suspension or
645-19 rescission of an improvidently issued permit under this section may
645-20 file an appeal for administrative review of the notice as provided
645-21 by commission rules. The review is governed by Chapter 2001,
645-22 Government Code.
645-23 (h) Section 134.092(a), Natural Resources Code, is amended
645-24 to more closely conform to the law from which it was derived to
646-1 read as follows:
646-2 (a) Performance standards for surface coal mining and
646-3 reclamation operations shall require an operator:
646-4 (1) to conduct surface coal mining operations to
646-5 maximize the use and conservation of the solid fuel resource being
646-6 recovered so that reaffecting the land in the future through
646-7 surface coal mining can be minimized;
646-8 (2) to restore the land affected to a condition
646-9 capable of supporting the uses that it could support before mining
646-10 or reasonably likely higher or better uses if:
646-11 (A) the uses do not present an actual or
646-12 probable hazard to public health or safety or pose an actual or
646-13 probable threat of water diminution or pollution; and
646-14 (B) the permit applicant's declared proposed
646-15 land use following reclamation:
646-16 (i) is not considered impractical or
646-17 unreasonable;
646-18 (ii) is not inconsistent with applicable
646-19 land use policies and plans;
646-20 (iii) does not involve unreasonable delay
646-21 in implementation; and
646-22 (iv) does not violate federal, state, or
646-23 local law;
646-24 (3) except as provided by Sections 134.093(b),
647-1 134.094(b), and 134.107, to backfill, compact where advisable to
647-2 ensure stability or to prevent leaching of toxic materials, and
647-3 grade to restore the approximate original contour of the land with
647-4 all highwalls, spoil piles, and depressions eliminated, unless
647-5 small depressions are needed to retain moisture to assist
647-6 revegetation or as otherwise authorized under this chapter;
647-7 (4) to stabilize and protect the surface areas,
647-8 including spoil piles affected by the surface coal mining and
647-9 reclamation operation, for effective control of erosion and
647-10 attendant air and water pollution;
647-11 (5) to remove the topsoil from the land in a separate
647-12 layer and replace it on the backfill area or, if the topsoil is not
647-13 used immediately, to segregate it in a separate pile from other
647-14 spoil;
647-15 (6) to restore the topsoil or the best available
647-16 subsoil that is best able to support vegetation;
647-17 (7) for prime farmland to be mined and reclaimed, at a
647-18 minimum:
647-19 (A) to segregate the A horizon of the natural
647-20 soil, unless it can be shown that other available soil materials
647-21 will create a final soil having a greater productive capacity, and,
647-22 if this material is not used immediately, to stockpile it
647-23 separately from other spoil and provide needed protection from wind
647-24 and water erosion or contamination by other acid or toxic
648-1 materials;
648-2 (B) to segregate the B horizon of the natural
648-3 soil, underlying C horizons or other strata, or a combination of
648-4 those horizons or other strata that are shown to be texturally and
648-5 chemically suitable for plant growth and that can be shown to be
648-6 equally or more favorable for plant growth than the B horizon, in
648-7 sufficient quantities to create in the regraded final soil a root
648-8 zone of a depth and quality comparable to that which existed in the
648-9 natural soil and, if this material is not used immediately, to
648-10 stockpile it separately from other spoil and provide needed
648-11 protection from wind and water erosion or contamination by other
648-12 acid or toxic material;
648-13 (C) to replace and regrade the root zone
648-14 material described by Subdivision (7)(B) with proper compaction and
648-15 uniform depth over the regraded spoil material; and
648-16 (D) to redistribute and grade uniformly the
648-17 surface soil horizon described by Subdivision (7)(A);
648-18 (8) to create a permanent impoundment of water on a
648-19 mining site as part of a reclamation activity if:
648-20 (A) the approved mining and reclamation plan and
648-21 permit authorize impoundment; and
648-22 (B) it is adequately demonstrated that:
648-23 (i) the size of the impoundment is
648-24 adequate for its intended purposes;
649-1 (ii) the impoundment dam construction will
649-2 be designed to achieve necessary stability with an adequate margin
649-3 of safety compatible with that of structures constructed under the
649-4 Watershed Protection and Flood Prevention Act (16 U.S.C. Section
649-5 1001 et seq.);
649-6 (iii) the quality of impounded water will
649-7 be permanently suitable for its intended use;
649-8 (iv) discharges from the impoundment will
649-9 not degrade the water quality in the receiving stream below water
649-10 quality standards established under applicable federal and state
649-11 law;
649-12 (v) the water level will be reasonably
649-13 stable;
649-14 (vi) final grading will provide adequate
649-15 safety and access for proposed water users; and
649-16 (vii) the impoundment will not reduce the
649-17 quality or quantity of water used by adjacent or surrounding
649-18 landowners for agricultural, industrial, recreational, or domestic
649-19 uses;
649-20 (9) to conduct any augering operation associated with
649-21 surface mining so as to maximize recoverability of coal reserves
649-22 remaining after the operation and reclamation are complete and to
649-23 seal the auger holes with an impervious and noncombustible material
649-24 to prevent drainage unless the commission determines that the
650-1 resulting impoundment of water in the auger holes may create a
650-2 hazard to the environment or the public health or safety;
650-3 (10) to minimize disturbances to the prevailing
650-4 hydrologic balance at the mine site in associated offsite areas and
650-5 to the quality and quantity of water in surface-water systems and
650-6 groundwater systems both during and after surface coal mining
650-7 operations and during reclamation by:
650-8 (A) avoiding acid or other toxic mine drainage
650-9 by measures including:
650-10 (i) preventing water from contacting or
650-11 removing water from contact with toxic-producing deposits;
650-12 (ii) treating drainage to reduce toxic
650-13 content that adversely affects downstream water when the drainage
650-14 is released to a watercourse; or
650-15 (iii) casing, sealing, or otherwise
650-16 managing boreholes, shafts, and wells and keeping acid or other
650-17 toxic drainage from entering surface water and groundwater;
650-18 (B) conducting surface coal mining operations
650-19 to:
650-20 (i) prevent, to the extent possible using
650-21 the best technology currently available, additional contributions
650-22 of suspended solids to streamflow or runoff outside the permit
650-23 area; and
650-24 (ii) prevent those contributions from
651-1 exceeding requirements set by applicable state or federal law;
651-2 (C) constructing any siltation structures under
651-3 Paragraph (B) before beginning surface coal mining operations;
651-4 (D) cleaning out and removing temporary or large
651-5 settling ponds or other siltation structures from drainways after
651-6 disturbed areas are revegetated and stabilized and depositing the
651-7 silt and debris at a site and in a manner approved by the
651-8 commission;
651-9 (E) restoring the recharge capacity of the mined
651-10 area to approximate premining conditions;
651-11 (F) avoiding channel deepening or enlargement in
651-12 operations requiring the discharge of water from a mine;
651-13 (G) preserving throughout the mining and
651-14 reclamation process the essential hydrologic functions of alluvial
651-15 valley floors in the arid and semiarid areas of the country; and
651-16 (H) performing other actions the commission
651-17 prescribes;
651-18 (11) with respect to surface disposal of mine wastes,
651-19 tailings, coal processing wastes, and other wastes in areas other
651-20 than the mine workings or excavations:
651-21 (A) to stabilize the waste piles in designated
651-22 areas through construction in compacted layers including the use of
651-23 incombustible and impervious materials, if necessary; and
651-24 (B) to assure that the final contour of the
652-1 waste pile will be compatible with natural surroundings and that
652-2 the site can and will be stabilized and revegetated according to
652-3 this chapter;
652-4 (12) to refrain from surface coal mining within 500
652-5 feet of an active or abandoned underground mine to prevent a
652-6 breakthrough and to protect the health or safety of miners;
652-7 (13) to design, locate, construct, operate, maintain,
652-8 enlarge, modify, and remove or abandon, in accordance with the
652-9 standards developed under commission rule, existing and new coal
652-10 mine waste piles used temporarily or permanently as dams or
652-11 embankments;
652-12 (14) to ensure that debris, acid-forming materials,
652-13 toxic materials, or materials constituting a fire hazard are
652-14 treated, buried and compacted, or otherwise disposed of in a manner
652-15 designed to prevent contamination of surface water or groundwater
652-16 and that contingency plans are developed to prevent sustained
652-17 combustion;
652-18 (15) to ensure that explosives are used in accordance
652-19 with state and federal law, including commission rules;
652-20 (16) to ensure that reclamation efforts proceed in an
652-21 environmentally sound manner and as contemporaneously as
652-22 practicable with the surface coal mining operations;
652-23 (17) to ensure that the construction, maintenance, and
652-24 postmining conditions of access roads into and across the site of
653-1 operations will control or prevent:
653-2 (A) erosion and siltation;
653-3 (B) water pollution; and
653-4 (C) damage to:
653-5 (i) fish or wildlife or their habitat; or
653-6 (ii) public or private property;
653-7 (18) to refrain from constructing roads or other
653-8 access ways up a stream bed or drainage channel or so near the
653-9 channel as to seriously alter the normal flow of water;
653-10 (19) to establish on regraded areas and other affected
653-11 land a diverse, effective, and permanent vegetative cover:
653-12 (A) of the seasonal variety native to the area
653-13 of land to be affected;
653-14 (B) capable of self-regeneration and plant
653-15 succession; and
653-16 (C) at least equal in extent of cover to the
653-17 natural vegetation of the area;
653-18 (20) to assume responsibility for successful
653-19 revegetation as required by Subdivision (19) for five years after
653-20 the last year of augmented seeding, fertilizing, irrigation, or
653-21 other work in order to assure compliance with that subsection;
653-22 (21) to protect off-site areas from slides or damage
653-23 occurring during the surface coal mining and reclamation operations
653-24 and to refrain from depositing spoil material or locating any part
654-1 of the operations or waste accumulations outside the permit area;
654-2 (22) to place the excess spoil material resulting from
654-3 surface coal mining and reclamation activities in accordance with
654-4 Section 134.106;
654-5 (23) to meet other standards necessary to achieve
654-6 reclamation in accordance with the purposes of this chapter,
654-7 considering the physical, climatological, and other characteristics
654-8 of the site;
654-9 (24) to the extent possible, using the best technology
654-10 currently available, to minimize disturbance and adverse impacts of
654-11 the operation on fish, wildlife, and related environmental values
654-12 and to enhance those resources where practicable; and
654-13 (25) to provide an undisturbed natural barrier
654-14 beginning at the elevation of the lowest coal seam to be mined and
654-15 extending from the outslope for the distance the commission
654-16 determines shall be retained in place as a barrier to slides and
654-17 erosion.
654-18 (i) Section 134.163, Natural Resources Code, is amended to
654-19 more closely conform to the law from which it was derived to read
654-20 as follows:
654-21 Sec. 134.163. TERM OF CESSATION ORDER. Except as provided
654-22 by Section 134.167, a cessation order under Section 134.161 or
654-23 134.162 remains in effect until the commission:
654-24 (1) determines the condition, practice, or violation
655-1 has been abated; or
655-2 (2) modifies, vacates, or terminates the order under
655-3 Section 134.166.
655-4 (j) Chapter 272, Acts of the 74th Legislature, Regular
655-5 Session, 1995, is repealed.
655-6 ARTICLE 26. CHANGES RELATING TO PARKS AND WILDLIFE CODE
655-7 SECTION 26.01. Section 31.003(14), Parks and Wildlife Code,
655-8 as amended by Chapters 450 and 739, Acts of the 73rd Legislature,
655-9 Regular Session, 1993, is revised to read as follows:
655-10 (14) "Personal watercraft" means a vessel of a type
655-11 which is specifically designed to be operated by a person or
655-12 persons sitting, standing, or kneeling on the vessel rather than in
655-13 the conventional manner of sitting or standing inside the vessel.
655-14 ARTICLE 27. CHANGES RELATING TO PENAL CODE
655-15 SECTION 27.01. Section 22.01(b), Penal Code, as amended by
655-16 Chapters 318 and 659, Acts of the 74th Legislature, Regular
655-17 Session, 1995, is amended and reenacted to read as follows:
655-18 (b) An offense under Subsection (a)(1) is a Class A
655-19 misdemeanor, except that the offense is:
655-20 (1) a felony of the third degree if the offense is
655-21 committed against a person the actor knows is a public servant
655-22 while the public servant is lawfully discharging an official duty,
655-23 or in retaliation or on account of an exercise of official power or
655-24 performance of an official duty as a public servant; or
656-1 (2) a state jail felony if [unless] it is shown on the
656-2 trial of the offense that the offense was committed against a
656-3 family member and that the defendant has been previously convicted
656-4 of an offense against a family member under this section two or
656-5 more times[, in which event the offense is a state jail felony].
656-6 ARTICLE 28. CHANGES RELATING TO PROPERTY CODE
656-7 SECTION 28.01. Section 92.2611(d), Property Code, as added
656-8 by Section 10, Chapter 869, Acts of the 74th Legislature, Regular
656-9 Session, 1995, is repealed.
656-10 SECTION 28.02. Chapter 141, Property Code, is amended to
656-11 conform to Section 1, Chapter 1043, Acts of the 74th Legislature,
656-12 Regular Session, 1995, by adding a chapter heading to read as
656-13 follows:
656-14 CHAPTER 141. TRANSFERS TO MINORS
656-15 ARTICLE 29. CHANGES RELATING TO TAX CODE
656-16 SECTION 29.01. Sections 26.012(2) and (7), Tax Code, are
656-17 amended to conform to Section 1, Chapter 699, and Section 1,
656-18 Chapter 988, Acts of the 70th Legislature, Regular Session, 1987,
656-19 to read as follows:
656-20 (2) "Collection rate" means the amount, expressed as a
656-21 percentage, calculated by:
656-22 (A) adding together estimates of the following
656-23 amounts:
656-24 (i) [an estimate of] the total amount of
657-1 taxes to be levied in the current year and collected before July 1
657-2 of the next year, including any penalties and interest on those
657-3 taxes that will be collected during that period;
657-4 (ii) [plus] any additional taxes imposed
657-5 under Chapter 23 [of this code] collected between July 1 of the
657-6 current year and June 30 of the following year; and
657-7 (iii) [during the same period, plus] the
657-8 total amount of delinquent taxes levied in any preceding year that
657-9 will be collected between July 1 of the current year and June 30 of
657-10 the following year, including any penalties and interest on those
657-11 taxes that will be collected during that period; and
657-12 (B) dividing the amount calculated under
657-13 Paragraph (A) by [expressed as a percentage of] the total amount of
657-14 taxes that will be levied in the current year.
657-15 (7) "Debt" means a bond, warrant, certificate of
657-16 obligation, or other evidence of indebtedness owed by a taxing unit
657-17 that is payable solely from property taxes in installments over a
657-18 period of more than one year, not budgeted for payment from
657-19 maintenance and operations funds, and secured by a pledge of
657-20 property taxes, or a payment made under contract to secure
657-21 indebtedness of a similar nature issued by another political
657-22 subdivision on behalf of the taxing unit.
657-23 SECTION 29.02. Section 26.012(13), Tax Code, is amended to
657-24 conform to Section 2, Chapter 849, Acts of the 70th Legislature,
658-1 Regular Session, 1987, to read as follows:
658-2 (13) "Last year's levy" means the total of:
658-3 (A) the amount of taxes that would be generated
658-4 by multiplying the total tax rate adopted by the governing body in
658-5 the preceding year by the total taxable value of property on the
658-6 appraisal roll for the preceding year, including:
658-7 (i) taxable value that was reduced in an
658-8 appeal under Chapter 42; and
658-9 (ii) all appraisal roll supplements and
658-10 corrections other than corrections made pursuant to Section
658-11 25.25(d) [of this code], as of the date of the calculation, except
658-12 that last year's taxable value for a school district excludes the
658-13 total value of homesteads that qualified for a tax limitation as
658-14 provided by Section 11.26 [of this code]; and
658-15 (B) the amount of taxes refunded by the taxing
658-16 unit in the preceding year for tax years before that year.
658-17 SECTION 29.03. Section 26.04, Tax Code, as amended by
658-18 Section 1, Chapter 699, Section 2, Chapter 849, Section 3, Chapter
658-19 947, and Section 1, Chapter 988, Acts of the 70th Legislature,
658-20 Regular Session, 1987; by Section 284(18), Chapter 14, Acts of the
658-21 72nd Legislature, Regular Session, 1991; by Section 45, Chapter 6,
658-22 Acts of the 72nd Legislature, 2nd Called Session, 1991; and by
658-23 Section 2, Chapter 81, and Sections 1 and 2, Chapter 611, Acts of
658-24 the 73rd Legislature, Regular Session, 1993; is reenacted to read
659-1 as follows:
659-2 Sec. 26.04. SUBMISSION OF ROLL TO GOVERNING BODY; EFFECTIVE
659-3 AND ROLLBACK TAX RATES. (a) On receipt of the appraisal roll, the
659-4 assessor for a taxing unit shall determine the total appraised
659-5 value, the total assessed value, and the total taxable value of
659-6 property taxable by the unit. He shall also determine, using
659-7 information provided by the appraisal office, the appraised,
659-8 assessed, and taxable value of new property.
659-9 (b) The assessor shall submit the appraisal roll for the
659-10 unit showing the total appraised, assessed, and taxable values of
659-11 all property and the total taxable value of new property to the
659-12 governing body of the unit by August 1 or as soon thereafter as
659-13 practicable. By August 1 or as soon thereafter as practicable, the
659-14 taxing unit's collector shall certify an estimate of the collection
659-15 rate for the current year to the governing body. If the collector
659-16 certified an anticipated collection rate in the preceding year and
659-17 the actual collection rate in that year exceeded the anticipated
659-18 rate, the collector shall also certify the amount of debt taxes
659-19 collected in excess of the anticipated amount in the preceding
659-20 year.
659-21 (c) An officer or employee designated by the governing body
659-22 shall calculate the effective tax rate and the rollback tax rate
659-23 for the unit, where:
659-24 (1) "Effective tax rate" means a rate expressed in
660-1 dollars per $100 of taxable value calculated according to the
660-2 following formula:
660-4 _____________________________________________
660-5 (CURRENT TOTAL VALUE - NEW PROPERTY VALUE)
660-6 ; and
660-7 (2) "Rollback tax rate" means a rate expressed in
660-8 dollars per $100 of taxable value [and] calculated according to the
660-9 following formula:
660-11 X 1.08) + CURRENT DEBT RATE
660-12 (d) The effective tax rate for a county is the sum of the
660-13 effective tax rates calculated for each type of tax the county
660-14 levies and the rollback tax rate for a county is the sum of the
660-15 rollback tax rates calculated for each type of tax the county
660-16 levies.
660-17 (e) By August 7 or as soon thereafter as practicable, the
660-18 designated officer or employee shall submit the rates to the
660-19 governing body. He shall deliver by mail to each property owner in
660-20 the unit or publish in a newspaper in the form prescribed by the
660-21 comptroller:
660-22 (1) the effective tax rate, the rollback tax rate, and
660-23 an explanation of how they were calculated;
660-24 (2) the estimated amount of interest and sinking fund
661-1 balances and the estimated amount of maintenance and operation or
661-2 general fund balances remaining at the end of the current fiscal
661-3 year that are not encumbered with or by corresponding existing debt
661-4 obligation, except that for a school district, estimated funds
661-5 necessary for the operation of the district prior to the receipt of
661-6 the first state education aid payment in the succeeding school year
661-7 shall be subtracted from the estimated fund balances;
661-8 (3) a schedule of the unit's debt obligations showing:
661-9 (A) the amount of principal and interest that
661-10 will be paid to service the unit's debts in the next year from
661-11 property tax revenue, including payments of lawfully incurred
661-12 contractual obligations providing security for the payment of the
661-13 principal of and interest on bonds and other evidences of
661-14 indebtedness issued on behalf of the unit by another political
661-15 subdivision;
661-16 (B) the amount by which taxes imposed for debt
661-17 are to be increased because of the unit's anticipated collection
661-18 rate; and
661-19 (C) the total of the amounts listed in
661-20 Paragraphs (A)-(B), less any amount collected in excess of the
661-21 previous year's anticipated collections certified as provided in
661-22 Subsection (b) [of this section]; and
661-23 (4) the amount of additional sales and use tax revenue
661-24 anticipated in calculations under Section 26.041 [of this code].
662-1 (5) in the year that a taxing unit calculates an
662-2 adjustment under Subsection (i) or (j) [Section 26.04(k) or (l) of
662-3 this code], the unit shall publish a schedule that includes the
662-4 following elements:
662-5 (A) the name of the unit discontinuing the
662-6 department, function, or activity;
662-7 (B) the amount of property tax revenue spent by
662-8 the unit listed under Paragraph (A) [of this subsection] to operate
662-9 the discontinued department, function, or activity in the 12 months
662-10 preceding the month in which the calculations required by this
662-11 chapter are made; and
662-12 (C) the name of the unit that operates a
662-13 distinct department, function, or activity in all or a majority of
662-14 the territory of a taxing unit that has discontinued operating the
662-15 distinct department, function, or activity; and
662-16 (6) in the year following the year in which a taxing
662-17 unit raised its rollback rate as required by Subsection (j)
662-18 [Section 26.04(l) of this code], the taxing unit shall publish a
662-19 schedule that includes the following elements:
662-20 (A) the amount of property tax revenue spent by
662-21 the unit to operate the department, function, or activity for which
662-22 the taxing unit raised the rollback rate as required by Subsection
662-23 (j) [Section 26.04(l) of this code] for the 12 months preceding the
662-24 month in which the calculations required by this chapter are made;
663-1 and
663-2 (B) the amount published by the unit in the
663-3 preceding tax year under Subdivision (5)(B) [Section 26.04(e)(5)(B)
663-4 of this code].
663-5 (f) If as a result of consolidation of taxing units a taxing
663-6 unit includes territory that was in two or more taxing units in the
663-7 preceding year, the amount of taxes imposed in each in the
663-8 preceding year is combined for purposes of calculating the
663-9 effective and rollback tax rates under this section.
663-10 (g) A person who owns taxable property is entitled to an
663-11 injunction prohibiting the taxing unit in which the property is
663-12 taxable from adopting a tax rate if the assessor or designated
663-13 officer or employee of the unit, as applicable, has not complied
663-14 with the computation or publication requirements of this section
663-15 and the failure to comply was not in good faith.
663-16 (h) [(i)] For purposes of this section, the anticipated
663-17 collection rate of a taxing unit is the percentage relationship
663-18 that the total amount of estimated tax collections for the current
663-19 year bears to the total amount of taxes imposed for the current
663-20 year. The total amount of estimated tax collections for the
663-21 current year is the sum of the collector's estimate of:
663-22 (1) the total amount of property taxes imposed in the
663-23 current year that will be collected before July 1 of the following
663-24 year, including any penalties and interest on those taxes that will
664-1 be collected during that period; and
664-2 (2) the total amount of delinquent property taxes
664-3 imposed in previous years that will be collected on or after July 1
664-4 of the current year and before July 1 of the following year,
664-5 including any penalties and interest on those taxes that will be
664-6 collected during that period.
664-7 [(j) Subsections (b)(2)(B) and (e)(3)(C)(ii) of this section
664-8 do not apply to a taxing unit in a tax year if the taxing unit did
664-9 not impose ad valorem taxes in the preceding year.]
664-10 (i) [(k)] This subsection applies to a taxing unit that has
664-11 agreed by written contract to transfer a distinct department,
664-12 function, or activity to another taxing unit and discontinues
664-13 operating that distinct department, function, or activity if the
664-14 operation of that department, function, or activity in all or a
664-15 majority of the territory of the taxing unit is continued by
664-16 another existing taxing unit or by a new taxing unit. The rollback
664-17 tax rate of a taxing unit to which this subsection applies in the
664-18 first tax year in which a budget is adopted that does not allocate
664-19 revenue to the discontinued department, function, or activity is
664-20 calculated as otherwise provided by this section, except that last
664-21 year's levy used to calculate the effective maintenance and
664-22 operations rate of the unit is reduced by the amount of maintenance
664-23 and operations tax revenue spent by the taxing unit to operate the
664-24 department, function, or activity for the 12 months preceding the
665-1 month in which the calculations required by this chapter are made
665-2 and in which the unit operated the discontinued department,
665-3 function, or activity. If the unit did not operate that
665-4 department, function, or activity for the full 12 months preceding
665-5 the month in which the calculations required by this chapter are
665-6 made, the unit shall reduce last year's levy used for calculating
665-7 the effective maintenance and operations rate of the unit by the
665-8 amount of the revenue spent in the last full fiscal year in which
665-9 the unit operated the discontinued department, function, or
665-10 activity.
665-11 (j) [(l)] This subsection applies to a taxing unit that had
665-12 agreed by written contract to accept the transfer of a distinct
665-13 department, function, or activity from another taxing unit and
665-14 operates a distinct department, function, or activity if the
665-15 operation of a substantially similar department, function, or
665-16 activity in all or a majority of the territory of the taxing unit
665-17 has been discontinued by another taxing unit, including a dissolved
665-18 taxing unit. The rollback tax rate of a taxing unit to which this
665-19 subsection applies in the first tax year after the other taxing
665-20 unit discontinued the substantially similar department, function,
665-21 or activity in which a budget is adopted that allocates revenue to
665-22 the department, function, or activity is calculated as otherwise
665-23 provided by this section, except that last year's levy used to
665-24 calculate the effective maintenance and operations rate of the unit
666-1 is increased by the amount of maintenance and operations tax
666-2 revenue spent by the taxing unit that discontinued operating the
666-3 substantially similar department, function, or activity to operate
666-4 that department, function, or activity for the 12 months preceding
666-5 the month in which the calculations required by this chapter are
666-6 made and in which the unit operated the discontinued department,
666-7 function, or activity. If the unit did not operate the
666-8 discontinued department, function, or activity for the full 12
666-9 months preceding the month in which the calculations required by
666-10 this chapter are made, the unit may increase last year's levy used
666-11 to calculate the effective maintenance and operations rate by an
666-12 amount not to exceed the amount of property tax revenue spent by
666-13 the discontinuing unit to operate the discontinued department,
666-14 function, or activity in the last full fiscal year in which the
666-15 discontinuing unit operated the department, function, or activity.
666-16 SECTION 29.04. Section 26.041(a), Tax Code, is amended to
666-17 conform to the terminology of Section 26.012(9), Tax Code, to read
666-18 as follows:
666-19 (a) In the first year in which an additional sales and use
666-20 tax is required to be collected, the effective tax rate and
666-21 rollback tax rate for the unit are calculated according to the
666-22 following formulas:
666-24 __________________________________________________
667-1 (CURRENT TOTAL VALUE [LEVY] - NEW PROPERTY VALUE)
667-2 - SALES TAX GAIN RATE
667-3 and
667-5 X 1.08) + CURRENT DEBT RATE - SALES TAX
667-6 GAIN RATE
667-7 where "sales tax gain rate" means a number expressed in dollars per
667-8 $100 of taxable value, calculated by dividing the revenue that will
667-9 be generated by the additional sales and use tax in the following
667-10 year as calculated under Subsection (d) of this section by the
667-11 current total value.
667-12 SECTION 29.05. Sections 26.043(a) and (b), Tax Code, are
667-13 amended to conform to Section 26.012, Tax Code, and to Section
667-14 26.04, Tax Code, as amended by Section 3, Chapter 947, Acts of the
667-15 70th Legislature, Regular Session, 1987, and reenacted by this Act,
667-16 and to correct a reference, to read as follows:
667-17 (a) In the tax year in which a city has set an election on
667-18 the question of whether to impose a local sales and use tax under
667-19 Subchapter H, Chapter 453, Transportation Code [Section 8(a),
667-20 Article 1118z, Revised Statutes], the officer or employee
667-21 designated to make the calculations provided by Section 26.04 [of
667-22 this code] may not make those calculations until the outcome of the
667-23 election is determined. If the election is determined in favor of
667-24 the imposition of the tax, the representative shall subtract from
668-1 the city's rollback and effective tax rates the amount that, if
668-2 applied to the city's current total value [total taxable value
668-3 submitted to the governing body], would impose an amount equal to
668-4 the amount of property taxes budgeted in the current tax year to
668-5 pay for expenses related to mass transit services.
668-6 (b) In a tax year to which this section applies, a reference
668-7 in this chapter [Section 26.04(d), 26.05, 26.06, or 26.07 of this
668-8 code] to the city's effective or rollback tax rate refers to that
668-9 rate as adjusted under this section.
668-10 SECTION 29.06. Section 26.05(d), Tax Code, is amended to
668-11 conform to the other provisions of Chapter 26, Tax Code, defining
668-12 the rollback and effective tax rates for a taxing unit to read as
668-13 follows:
668-14 (d) The governing body may not adopt a tax rate that exceeds
668-15 the lower of the rollback tax rate or 103 percent of the effective
668-16 tax rate calculated as provided by this chapter [Section 26.04 of
668-17 this code] until it has held a public hearing on the proposed
668-18 increase and has otherwise complied with Section 26.06 [of this
668-19 code]. The governing body of a taxing unit shall reduce a tax rate
668-20 set by law or by vote of the electorate to the lower of the
668-21 rollback tax rate or 103 percent of the effective tax rate and may
668-22 not adopt a higher rate unless it first complies with Section 26.06
668-23 [of this code].
668-24 SECTION 29.07. Section 26.06(b), Tax Code, as amended by
669-1 Section 1, Chapter 456, and Section 8, Chapter 947, Acts of the
669-2 70th Legislature, Regular Session, 1987, is reenacted to read as
669-3 follows:
669-4 (b) The notice of a public hearing may not be smaller than
669-5 one-quarter page of a standard-size or a tabloid-size newspaper,
669-6 and the headline on the notice must be in 18-point or larger type.
669-7 The notice must:
669-8 (1) contain a statement in the following form:
669-9 "NOTICE OF PUBLIC HEARING ON TAX RATE INCREASE
669-10 "The (name of the taxing unit) will hold a public hearing on
669-11 a proposal to increase total tax revenues from properties on the
669-12 tax roll in (the preceding year) by (percentage of increase over
669-13 the lower of the effective or rollback tax rates) percent. Your
669-14 individual taxes may increase at a greater or lesser rate, or even
669-15 decrease, depending on the change in the taxable value of your
669-16 property in relation to the change in taxable value of all other
669-17 property.
669-18 "The public hearing will be held on (date and time) at
669-19 (meeting place).
669-20 "(Names of all members of the governing body, showing how
669-21 each voted on the proposal to consider the tax increase or, if one
669-22 or more were absent, or indicating the absences.)"; and
669-23 (2) contain the following information:
669-24 (A) the unit's adopted tax rate for the
670-1 preceding year and the proposed tax rate, expressed as an amount
670-2 per $100;
670-3 (B) the difference, expressed as an amount per
670-4 $100 and as a percent increase or decrease, as applicable, in the
670-5 proposed tax rate compared to the adopted tax rate for the
670-6 preceding year;
670-7 (C) the average appraised value of a residence
670-8 homestead in the taxing unit in the preceding year and in the
670-9 current year; the unit's homestead exemption, other than an
670-10 exemption available only to disabled persons or persons 65 years of
670-11 age or older, applicable to that appraised value in each of those
670-12 years; and the average taxable value of a residence homestead in
670-13 the unit in each of those years, disregarding any homestead
670-14 exemption available only to disabled persons or persons 65 years of
670-15 age or older;
670-16 (D) the amount of tax that would have been
670-17 imposed by the unit in the preceding year on a residence homestead
670-18 appraised at the average appraised value of a residence homestead
670-19 in that year, disregarding any homestead exemption available only
670-20 to disabled persons or persons 65 years of age or older;
670-21 (E) the amount of tax that would be imposed by
670-22 the unit in the current year on a residence homestead appraised at
670-23 the average appraised value of a residence homestead in the current
670-24 year, disregarding any homestead exemption available only to
671-1 disabled persons or persons 65 years of age or older, if the
671-2 proposed tax rate is adopted; and
671-3 (F) the difference between the amounts of tax
671-4 calculated under Paragraphs (D) and (E) [of this subdivision],
671-5 expressed in dollars and cents and described as the annual increase
671-6 or decrease, as applicable, in the tax to be imposed by the unit on
671-7 the average residence homestead in the unit in the current year if
671-8 the proposed tax rate is adopted.
671-9 SECTION 29.08. Sections 26.07(a), (d), and (e), Tax Code,
671-10 are amended to conform to the other provisions of Chapter 26, Tax
671-11 Code, defining the rollback tax rate for a taxing unit, to read as
671-12 follows:
671-13 (a) If the governing body of a taxing unit other than a
671-14 school district adopts a tax rate that exceeds the rollback tax
671-15 rate calculated as provided by this chapter [Section 26.04 of this
671-16 code], the qualified voters of the taxing unit by petition may
671-17 require that an election be held to determine whether or not to
671-18 reduce the tax rate adopted for the current year to the rollback
671-19 tax rate calculated as provided by this chapter [Section 26.04 of
671-20 this code].
671-21 (d) If the governing body finds that the petition is valid
671-22 (or fails to act within the time allowed), it shall order that an
671-23 election be held in the taxing unit on a date not less than 30 or
671-24 more than 90 days after the last day on which it could have acted
672-1 to approve or disapprove the petition. A state law requiring local
672-2 elections to be held on a specified date does not apply to the
672-3 election unless a specified date falls within the time permitted by
672-4 this section. At the election, the ballots shall be prepared to
672-5 permit voting for or against the proposition: "Reducing the tax
672-6 rate in (name of taxing unit) for the current year from (the rate
672-7 adopted) to (the rollback tax rate calculated as provided by this
672-8 chapter [Section 26.04 of this code])."
672-9 (e) If a majority of the qualified voters voting on the
672-10 question in the election favor the proposition, the tax rate for
672-11 the taxing unit for the current year is the rollback tax rate
672-12 calculated as provided by this chapter [Section 26.04 of this
672-13 code]; otherwise, the tax rate for the current year is the one
672-14 adopted by the governing body.
672-15 SECTION 29.09. Section 26.042, Tax Code, as amended by
672-16 Section 12, Chapter 11, Acts of the 70th Legislature, Regular
672-17 Session, 1987, is repealed in conformity with Section 5, Chapter
672-18 947, Acts of the 70th Legislature, Regular Session, 1987.
672-19 SECTION 29.10. (a) Section 111.006(a), Tax Code, is amended
672-20 to conform to Section 1, Chapter 175, Acts of the 74th Legislature,
672-21 Regular Session, 1995, and Section 4, Chapter 351, Acts of the 74th
672-22 Legislature, Regular Session, 1995, to read as follows:
672-23 (a) The [Except as provided by Subsection (d), the]
672-24 following matter is confidential and may not be used publicly,
673-1 opened to public inspection, or disclosed except as permitted under
673-2 Subsection (b), [or] (d), or (e):
673-3 (1) a federal tax return or federal tax return
673-4 information required to have been submitted to the comptroller with
673-5 a state tax return or report; and
673-6 (2) all information secured, derived, or obtained by
673-7 the comptroller or the attorney general during the course of an
673-8 examination of the taxpayer's books, records, papers, officers, or
673-9 employees, including an examination of the business affairs,
673-10 operations, source of income, profits, losses, or expenditures of
673-11 the taxpayer.
673-12 (b) Subsection (d), Section 111.006, Tax Code, as added by
673-13 Section 4, Chapter 351, Acts of the 74th Legislature, Regular
673-14 Session, 1995, is relettered as Subsection (e), Section 111.006,
673-15 Tax Code.
673-16 SECTION 29.11. Section 352.1033, Tax Code, is amended to
673-17 read as follows:
673-18 Sec. 352.1033. USE OF REVENUE; COUNTIES BORDERING THE GULF
673-19 OF MEXICO. (a) The revenue from a tax imposed under this chapter
673-20 by a county that borders the Gulf of Mexico authorized to impose
673-21 the tax by Section 352.002(a)(6) may be used only to:
673-22 (1) clean public beaches;
673-23 (2) acquire, furnish, or maintain facilities,
673-24 including parks, that enhance public access to beaches;
674-1 (3) provide and maintain public restrooms on or
674-2 adjacent to beaches or beach access facilities;
674-3 (4) provide and maintain litter containers on or
674-4 adjacent to beaches or beach access facilities; and
674-5 (5) advertise and conduct solicitations and
674-6 promotional programs to attract tourists and convention delegates
674-7 or registrants to the county or its vicinity, any of which may be
674-8 conducted by the county or through contracts with persons or
674-9 organizations selected by the county.
674-10 (b) A county that borders the Gulf of Mexico and that is
674-11 authorized to impose the tax by Section 352.002(a)(6) may use 50
674-12 percent or less of the revenue from the tax for the promotion of
674-13 tourism.
674-14 ARTICLE 30. CHANGES RELATING TO TRANSPORTATION CODE
674-15 SECTION 30.01. (a) Section 5.001(a), Transportation Code,
674-16 is amended to conform to Section 12, Chapter 705 (S.B. No. 3), Acts
674-17 of the 74th Legislature, Regular Session, 1995, to read as follows:
674-18 (a) Unless otherwise provided by this code or other law:
674-19 (1) the duties and liabilities of a carrier in this
674-20 state and the remedies against the carrier are the same as
674-21 prescribed by the common law; and
674-22 (2) a carrier for hire may not limit its common-law
674-23 liability, unless the limitation is in conspicuous writing in a
674-24 written arrangement for transportation, including a bill of lading
675-1 or contract for transportation.
675-2 (b) Section 5.002, Transportation Code, is repealed to
675-3 conform to Section 12, Chapter 705 (S.B. No. 3), Acts of the 74th
675-4 Legislature, Regular Session, 1995.
675-5 (c) Section 5.003, Transportation Code, is amended to
675-6 conform to Section 13, Chapter 705 (S.B. No. 3), Acts of the 74th
675-7 Legislature, Regular Session, 1995, to read as follows:
675-8 Sec. 5.003. LIABILITY OF CARRIER OF [TRANSPORTING] HOUSEHOLD
675-9 GOODS[, PERSONAL EFFECTS, OR USED OFFICE FURNITURE]. (a) A
675-10 carrier of household goods, as defined by 49 U.S.C. Section 10102,
675-11 [for hire] is not required to accept for transportation household
675-12 goods[, personal effects, or used office furniture and equipment]
675-13 unless the shipper or owner of the property or the agent of the
675-14 shipper or owner declares in writing the reasonable value of the
675-15 property.
675-16 (b) A carrier transporting property with a value declared
675-17 under Subsection (a) is not liable in damages for an amount more
675-18 than the declared value of the property lost, destroyed, or
675-19 damaged.
675-20 (c) [The Railroad Commission of Texas shall establish
675-21 adequate rates to be charged by a carrier consistent with the
675-22 declared value of property under this section. If the commission
675-23 fails to establish a rate, a carrier is authorized to collect
675-24 reasonable transportation charges consistent with the declared
676-1 value of the property.]
676-2 [(d)] A shipper's declaration of value is not admissible
676-3 evidence in a court action unless the carrier, when accepting the
676-4 shipment, provides and maintains in an amount at least equal to the
676-5 declared value of the property:
676-6 (1) insurance in a solvent company authorized to do
676-7 business in this state; or
676-8 (2) bonds.
676-9 (d) [(e)] The security requirement of Subsection (c) [(d)]
676-10 does not apply to steam or electric railroads.
676-11 (d) Sections 12 and 13, Chapter 705 (S.B. No. 3), Acts of
676-12 the 74th Legislature, Regular Session, 1995, are repealed.
676-13 SECTION 30.02. (a) Section 20.001, Transportation Code, as
676-14 added by Chapter 165, Acts of the 74th Legislature, Regular
676-15 Session, 1995, is repealed to conform to the repeal of Article
676-16 911h, Revised Statutes, the source law for that section, by Section
676-17 31(a)(7), Chapter 705 (S.B. No. 3), Acts of the 74th Legislature,
676-18 Regular Session, 1995.
676-19 (b) Chapter 20, Transportation Code, is amended by adding a
676-20 new Section 20.001 to codify Article 911k, Revised Statutes, as
676-21 amended by Section 14, Chapter 705 (S.B. No. 3), Acts of the 74th
676-22 Legislature, Regular Session, 1995, to read as follows:
676-23 Sec. 20.001. CERTAIN CARRIERS EXEMPT FROM GROSS RECEIPTS
676-24 TAXES. A motor bus carrier or motor carrier transporting persons
677-1 or property for hire is exempt from any occupation tax measured by
677-2 gross receipts imposed by any law of this state.
677-3 (c) Article 911k, Revised Statutes, is repealed.
677-4 SECTION 30.03. (a) Section 21.111(a), Transportation Code,
677-5 is amended to conform to Section 1, Chapter 636 (H.B. No. 2180),
677-6 Acts of the 74th Legislature, Regular Session, 1995, to read as
677-7 follows:
677-8 (a) The commission or the commission's authorized
677-9 representative shall hold a public hearing before approving any
677-10 financial assistance under this subchapter, except as provided by
677-11 Section 21.1115.
677-12 (b) Subchapter C, Chapter 21, Transportation Code, is
677-13 amended to conform to Section 1, Chapter 636 (H.B. No. 2180), Acts
677-14 of the 74th Legislature, Regular Session, 1995, by adding Section
677-15 21.1115 to read as follows:
677-16 Sec. 21.1115. EMERGENCY LOAN OR GRANT. (a) In an
677-17 emergency, the director or the director's designee may award a loan
677-18 or grant without holding a public hearing under rules adopted by
677-19 the commission.
677-20 (b) Before awarding a contract under this section, the
677-21 director or the director's designee must certify in writing the
677-22 fact and nature of the emergency that requires the award of the
677-23 contract.
677-24 (c) Not later than the fifth working day after the date a
678-1 contract is awarded under this section, the director shall notify
678-2 in writing each member of the commission of the details of the
678-3 emergency and the award.
678-4 (d) In this section, "emergency" means a situation or
678-5 condition at a general aviation airport that requires immediate
678-6 attention because of an existing unsafe condition that should be of
678-7 sufficient concern to require a notice to airmen under FAA Order
678-8 7930.2E.
678-9 (c) Section 1, Chapter 636 (H.B. No. 2180), Acts of the 74th
678-10 Legislature, Regular Session, 1995, is repealed.
678-11 SECTION 30.04. Section 24.021(a), Transportation Code, is
678-12 amended to correct a reference to read as follows:
678-13 (a) A person commits an offense if the person takes off,
678-14 lands, or maneuvers an aircraft, whether heavier or lighter than
678-15 air, on a public highway, road, or street except:
678-16 (1) when necessary to prevent serious injury to a
678-17 person or property;
678-18 (2) during or within a reasonable time after an
678-19 emergency; or
678-20 (3) as provided by Section 24.022 [25.022].
678-21 SECTION 30.05. (a) Section 25.004(b), Transportation Code,
678-22 is amended to conform to Section 1(16), Chapter 1058 (H.B. No.
678-23 3050), Acts of the 74th Legislature, Regular Session, 1995, to read
678-24 as follows:
679-1 (b) The application filed with the department must be
679-2 accompanied by a filing fee of $200. The department shall send
679-3 each filing fee to the comptroller for deposit to the credit of the
679-4 aviation trust fund account.
679-5 (b) Section 25.012, Transportation Code, is amended to
679-6 conform to Section 1(16), Chapter 1058 (H.B. No. 3050), Acts of the
679-7 74th Legislature, Regular Session, 1995, to read as follows:
679-8 Sec. 25.012. AVIATION TRUST FUND ACCOUNT; Private Donations;
679-9 Disposition of Revenue. (a) The aviation trust fund account is an
679-10 account in the general revenue fund.
679-11 (b) The department may accept donations from private
679-12 entities. Money donated to the department shall be deposited to
679-13 the credit of the aviation trust fund account.
679-14 (c) [(b)] The department may use money deposited to the
679-15 credit of the aviation trust fund account [revenue it receives
679-16 under this chapter] in the payment of administrative expenses and
679-17 in the performance of its functions related to aviation safety,
679-18 including the prevention of an obstruction to air navigation.
679-19 SECTION 30.06. (a) Section 51.002, Transportation Code, is
679-20 amended to conform to Section 1, Chapter 505 (H.B. No. 1536), Acts
679-21 of the 74th Legislature, Regular Session, 1995, by adding
679-22 Subdivision (5) to read as follows:
679-23 (5) "Department" means the Texas Department of
679-24 Transportation.
680-1 (b) Chapter 51, Transportation Code, is amended to conform
680-2 to Section 3, Chapter 505 (H.B. No. 1536), Acts of the 74th
680-3 Legislature, Regular Session, 1995, by adding Sections
680-4 51.009-51.011 to read as follows:
680-5 Sec. 51.009. BENEFICIAL USE OF DREDGE MATERIAL. (a) The
680-6 commission, through the department, may enter into an agreement
680-7 with the Department of the Army to participate in the cost of a
680-8 project to beneficially use material dredged from the Gulf
680-9 Intracoastal Waterway.
680-10 (b) The commission by rule shall establish eligibility
680-11 criteria for a project to beneficially use the dredge material.
680-12 (c) In this section and Sections 51.010 and 51.011,
680-13 beneficial use of dredge material means any productive and positive
680-14 use of dredge material and includes broad use categories such as
680-15 fish and wildlife habitat development, human recreation, and
680-16 industrial and commercial uses.
680-17 Sec. 51.010. PROPERTY ACQUISITION. The commission, through
680-18 the department, may acquire an interest in property required for a
680-19 project to beneficially use dredge material in the manner provided
680-20 by Section 51.005.
680-21 Sec. 51.011. HEARING REQUIRED BEFORE PARTICIPATION IN
680-22 PROJECT. (a) Before the department agrees to participate in the
680-23 cost of a project to beneficially use dredge material that requires
680-24 the acquisition of an interest in property, the commission shall
681-1 hold a public hearing on the desirability of the project.
681-2 (b) The commission shall publish notice of the date, time,
681-3 and place of the hearing at least once a week for three successive
681-4 weeks before the hearing in a newspaper of general circulation
681-5 published in the county seat of each county in which the project is
681-6 located.
681-7 (c) The department may agree to participate in the cost of
681-8 the project if the commission determines, after the public hearing,
681-9 that the project can be accomplished without unjustifiable waste of
681-10 publicly or privately owned natural resources or a permanent and
681-11 substantial adverse effect on the environment, wildlife, or
681-12 fisheries.
681-13 (c) Sections 1-3, Chapter 505 (H.B. No. 1536), Acts of the
681-14 74th Legislature, Regular Session, 1995, are repealed.
681-15 SECTION 30.07. (a) Subchapter D, Chapter 201,
681-16 Transportation Code, is amended to codify Article 6673a-4, Revised
681-17 Statutes, as added by Section 1, Chapter 431 (S.B. No. 1470), Acts
681-18 of the 74th Legislature, Regular Session, 1995, by adding Section
681-19 201.205 to read as follows:
681-20 Sec. 201.205. PROTECTION AND USE OF INTELLECTUAL PROPERTY
681-21 AND PUBLICATIONS. (a) The department may:
681-22 (1) apply for, register, secure, hold, and protect
681-23 under the laws of the United States, any state, or any nation a
681-24 patent, copyright, trademark, or other evidence of protection or
682-1 exclusivity issued in or for an idea, publication, or other
682-2 original innovation fixed in a tangible medium, including:
682-3 (A) a literary work;
682-4 (B) a logo;
682-5 (C) a service mark;
682-6 (D) a study;
682-7 (E) a map or planning document;
682-8 (F) an engineering, architectural, or graphic
682-9 design;
682-10 (G) a manual;
682-11 (H) automated systems software;
682-12 (I) an audiovisual work;
682-13 (J) a sound recording; or
682-14 (K) travel literature, including a pamphlet,
682-15 bulletin, book, map, periodical, or electronic information
682-16 published or produced under Section 3, Chapter 193, Acts of the
682-17 56th Legislature, Regular Session, 1959 (Article 6144e, Vernon's
682-18 Texas Civil Statutes);
682-19 (2) enter into a nonexclusive license agreement with a
682-20 third party for the receipt of a fee, royalty, or other thing of
682-21 monetary or nonmonetary value;
682-22 (3) waive or reduce the amount of a fee, royalty, or
682-23 other thing of monetary or nonmonetary value to be assessed if the
682-24 department determines that the waiver will:
683-1 (A) further the goals and missions of the
683-2 department; and
683-3 (B) result in a net benefit to the state; and
683-4 (4) adopt and enforce rules necessary to implement
683-5 this section.
683-6 (b) Money paid to the department under this section shall be
683-7 deposited to the credit of the state highway fund.
683-8 (b) Article 6673a-4, Revised Statutes, as added by Section
683-9 1, Chapter 431 (S.B. No. 1470), Acts of the 74th Legislature,
683-10 Regular Session, 1995, is repealed.
683-11 SECTION 30.08. (a) Subchapter H, Chapter 201,
683-12 Transportation Code, is amended to codify Article 6674v-8, Revised
683-13 Statutes, as added by Section 1, Chapter 153 (S.B. No. 1633), Acts
683-14 of the 74th Legislature, Regular Session, 1995, by adding Section
683-15 201.610 to read as follows:
683-16 Sec. 201.610. APPROVAL BY COMMISSION OF BRIDGE OVER RIO
683-17 GRANDE. (a) A political subdivision or private entity authorized
683-18 to construct or finance the construction of a bridge over the Rio
683-19 Grande:
683-20 (1) must obtain approval from the commission for the
683-21 construction of the bridge before requesting approval from the
683-22 United States under Subchapter IV, Chapter 11, Title 33, United
683-23 States Code; and
683-24 (2) shall submit to the commission a report that
684-1 details the feasibility, location, economic effect, and
684-2 environmental impact of the bridge and any other information the
684-3 commission by rule may require.
684-4 (b) To the maximum extent practicable, the department shall
684-5 implement the approval process in the manner least burdensome to an
684-6 applicant.
684-7 (c) In determining whether to approve construction of the
684-8 bridge, the commission shall consider:
684-9 (1) the financial resources available to the political
684-10 subdivision or private entity for construction of the bridge;
684-11 (2) whether the revenue to be generated by the bridge
684-12 is sufficient to finance the planning, design, construction,
684-13 operation, and maintenance of the bridge;
684-14 (3) whether the construction of the bridge is
684-15 consistent with the transportation plan adopted by the state and,
684-16 if appropriate, by the metropolitan planning organization with
684-17 jurisdiction over the bridge;
684-18 (4) the potential effect of the bridge on:
684-19 (A) the economy of the region in which the
684-20 bridge is to be located;
684-21 (B) the environment of the region in which the
684-22 bridge is to be located;
684-23 (C) traffic congestion and mobility; and
684-24 (D) the free flow of trade between the United
685-1 Mexican States and this state; and
685-2 (5) commitments from the appropriate jurisdictions of
685-3 the United Mexican States to provide adequate approach roadways to
685-4 the bridge.
685-5 (d) In determining whether to approve the construction of
685-6 the bridge, the commission shall solicit the advice of:
685-7 (1) the Department of Public Safety;
685-8 (2) the Texas Natural Resource Conservation
685-9 Commission;
685-10 (3) the Texas Historical Commission;
685-11 (4) the Department of Agriculture;
685-12 (5) the Texas Alcoholic Beverage Commission;
685-13 (6) the Texas Department of Commerce; and
685-14 (7) any other state agency the commission determines
685-15 is appropriate.
685-16 (e) If the commission fails to make a determination before
685-17 the 121st day after the date the commission receives a request for
685-18 approval under Subsection (a), the request is considered approved.
685-19 (f) The commission may adopt rules to administer this
685-20 section.
685-21 (b) Article 6674v-8, Revised Statutes, as added by Section
685-22 1, Chapter 153 (S.B. No. 1633), Acts of the 74th Legislature,
685-23 Regular Session, 1995, is repealed.
685-24 SECTION 30.09. (a) Subchapter J, Chapter 201,
686-1 Transportation Code, is amended to codify Article 6674o-2, Revised
686-2 Statutes, as added by Section 9, Chapter 624 (H.B. No. 1547), Acts
686-3 of the 74th Legislature, Regular Session, 1995, by adding Section
686-4 201.8035 to read as follows:
686-5 Sec. 201.8035. INSPECTION OF COUNTY AND MUNICIPAL BRIDGES.
686-6 (a) If the department inspects a bridge under the jurisdiction of
686-7 a county or a municipality and determines that the bridge qualifies
686-8 for a lower load rating under 23 C.F.R. Part 650, Subpart C, than
686-9 is currently permitted, the department shall notify the
686-10 commissioners court of the county or the governing body of the
686-11 municipality.
686-12 (b) A commissioners court or governing body that is notified
686-13 under Subsection (a) shall post notices on the road or highway
686-14 approaching the bridge that state the maximum load permitted on the
686-15 bridge. The notices must be posted at locations that enable
686-16 affected drivers to detour to avoid the restricted bridge.
686-17 (b) Article 6674o-2, Revised Statutes, as added by Section
686-18 9, Chapter 624 (H.B. No. 1547), Acts of the 74th Legislature,
686-19 Regular Session, 1995, is repealed.
686-20 SECTION 30.10. (a) Section 202.052, Transportation Code, is
686-21 amended to conform to Section 1, Chapter 283 (S.B. No. 831), Acts
686-22 of the 74th Legislature, Regular Session, 1995, by amending
686-23 Subsection (d) and adding Subsection (e) to read as follows:
686-24 (d) The department may authorize exceptions to the charges
687-1 under Subsection (c) for:
687-2 (1) the lease of a highway asset to a public utility
687-3 provider;
687-4 (2) a lease [and] for a social, environmental, or
687-5 economic mitigation purpose; or
687-6 (3) a lease to an institution of higher education for
687-7 a purpose of the institution.
687-8 (e) In this section, "institution of higher education" has
687-9 the meaning assigned by Section 61.003, Education Code.
687-10 (b) Section 1, Chapter 283 (S.B. No. 831), Acts of the 74th
687-11 Legislature, Regular Session, 1995, is repealed.
687-12 SECTION 30.11. (a) Section 202.082, Transportation Code, is
687-13 amended to conform to Section 1, Chapter 115 (S.B. No. 688), Acts
687-14 of the 74th Legislature, Regular Session, 1995, to read as follows:
687-15 Sec. 202.082. DISPOSAL [OWNERSHIP AND USE] OF ASPHALT.
687-16 (a) The department [owns and] shall dispose [retain ownership] of
687-17 all reclaimed asphalt pavement from a road in the state highway
687-18 system in the most cost-effective and environmentally sensitive
687-19 manner the department considers appropriate, giving priority to
687-20 political subdivisions of this state for the maintenance,
687-21 development, and construction of public works projects.
687-22 (b) Disposal [The department shall maximize the use] of
687-23 [the] reclaimed asphalt pavement under this section is not subject
687-24 to:
688-1 (1) Chapter 2175, Government Code; or
688-2 (2) the statutory or regulatory authority of the
688-3 General Services Commission.
688-4 [(c) The department shall, when feasible, remove and recycle
688-5 hot mix asphalt from any road in the state highway system being
688-6 repaved.]
688-7 [(d) The department may transfer ownership of reclaimed
688-8 asphalt pavement to another governmental entity for use on a road.]
688-9 (b) Sections 202.083, 202.084, and 202.085, Transportation
688-10 Code, are repealed to conform to the repeal of the law from which
688-11 those sections were derived by Section 1, Chapter 115 (S.B. No.
688-12 688), Acts of the 74th Legislature, Regular Session, 1995.
688-13 (c) Section 1, Chapter 115 (S.B. No. 688), Acts of the 74th
688-14 Legislature, Regular Session, 1995, is repealed.
688-15 SECTION 30.12. Section 222.031, Transportation Code, is
688-16 amended to more closely conform to the law from which that section
688-17 was derived to read as follows:
688-18 Sec. 222.031. Use of Federal Aid for Road Construction.
688-19 Money appropriated by the United States for public road
688-20 construction in this state may be spent only by and under the
688-21 supervision of the department.
688-22 SECTION 30.13. (a) Sections 223.002(c) and (d),
688-23 Transportation Code, are amended to conform to Section 1, Chapter
688-24 396 (H.B. No. 2176), Acts of the 74th Legislature, Regular Session,
689-1 1995, to read as follows:
689-2 (c) Instead of the notice required by Subsection (b), if the
689-3 department estimates that the contract involves an amount less than
689-4 $300,000 [$100,000], notice may be published in two successive
689-5 issues of a newspaper published in the county in which the
689-6 improvement is to be made.
689-7 (d) If a newspaper is not published in the county in which
689-8 the improvement is to be made, notice shall be published in a
689-9 newspaper published in the county:
689-10 (1) nearest the county seat of the county in which the
689-11 improvement is to be made; and
689-12 (2) in which a newspaper is published.
689-13 (b) Section 223.003, Transportation Code, is amended to
689-14 conform to Section 1, Chapter 396 (H.B. No. 2176), Acts of the 74th
689-15 Legislature, Regular Session, 1995, by amending Subsections (b) and
689-16 (c) and adding Subsection (d) to read as follows:
689-17 (b) The department [commission] shall mail the notice to
689-18 each person on that mailing list.
689-19 (c) The department [commission] may require each applicant
689-20 to pay an annual subscription fee set by the department in an
689-21 amount not to exceed the average annual [deposit with the
689-22 commission not more than $25 a year to cover] costs of mailing
689-23 notices to the applicant.
689-24 (d) The department shall deposit money received under this
690-1 section to the credit of the state highway fund.
690-2 (c) Sections 223.004(a), (c), and (d), Transportation Code,
690-3 are amended to conform to Section 2, Chapter 396 (H.B. No. 2176),
690-4 Acts of the 74th Legislature, Regular Session, 1995, to read as
690-5 follows:
690-6 (a) Except as provided by Section 223.005, a bid submitted
690-7 under this subchapter must be sealed and filed with the director or
690-8 the director's designee in Austin and shall be opened at a public
690-9 meeting by the director or the director's designee [hearing of the
690-10 commission].
690-11 (c) [A copy of each bid shall be filed with the county in
690-12 which the improvement is to be made.]
690-13 [(d)] The commission by rule may prescribe conditions under
690-14 which a bid may be rejected by the department [may reject any or
690-15 all bids].
690-16 (d) Section 223.005, Transportation Code, is amended to
690-17 conform to Section 2, Chapter 396 (H.B. No. 2176), Acts of the 74th
690-18 Legislature, Regular Session, 1995, to read as follows:
690-19 Sec. 223.005. BIDS ON CONTRACTS INVOLVING LESS THAN $300,000
690-20 [$100,000]. (a) The commission by rule may allow bids [Bids] on a
690-21 contract estimated by the department to involve [involving] an
690-22 amount less than $300,000 to [$100,000 may, in the commission's
690-23 discretion,] be filed with [received at a public hearing by] the
690-24 district engineer at the headquarters for the district in which the
691-1 improvement is to be made and opened and read at a public meeting
691-2 held by the district engineer or the district engineer's designee.
691-3 (b) Except as provided by Subsection (d), all [All] bids
691-4 received under this section and not rejected by the department
691-5 shall be tabulated and forwarded to the commission and may be
691-6 accepted or rejected by the commission.
691-7 (c) If the bids are accepted, the commission shall award the
691-8 contract to the lowest bidder, subject to Section 223.045.
691-9 (d) The commission may delegate to the director or the
691-10 director's designee the right to:
691-11 (1) accept or reject bids received, subject to Section
691-12 223.045; and
691-13 (2) award a contract to the lowest bidder [shall adopt
691-14 rules governing bids received by a district engineer. Rules
691-15 adopted by the commission for bids received in Austin by the
691-16 commission do not apply to bidders submitting bids to district
691-17 engineers].
691-18 (e) Section 223.007, Transportation Code, is amended to
691-19 conform to Sections 3 and 4, Chapter 396 (H.B. No. 2176), Acts of
691-20 the 74th Legislature, Regular Session, 1995, by amending Subsection
691-21 (c) and adding Subsection (d) to read as follows:
691-22 (c) A contract must be:
691-23 (1) made in the name of the state;
691-24 (2) signed by the director or the director's designee;
692-1 (3) approved by at least two members of the commission
692-2 or a designee under Section 2103.064(a), Government Code; and
692-3 (4) signed by the successful bidder.
692-4 (d) The commission may delegate its authority under
692-5 Subsections (a) and (b) to the director, who may delegate the
692-6 delegated authority to an employee of the department who holds the
692-7 rank of division director or higher.
692-8 (f) Sections 1-4, Chapter 396 (H.B. No. 2176), Acts of the
692-9 74th Legislature, Regular Session, 1995, are repealed.
692-10 SECTION 30.14. (a) Subchapter A, Chapter 223,
692-11 Transportation Code, is amended to conform to Section 1, Chapter
692-12 232 (S.B. No. 532), Acts of the 74th Legislature, Regular Session,
692-13 1995, by adding Section 223.011 to read as follows:
692-14 Sec. 223.011. PARTIAL PAYMENT EXCEPTION: MAINTENANCE AND
692-15 PRECONSTRUCTION CONTRACTS. The limitation on partial payments
692-16 provided by Section 223.009 and the retainage requirement under
692-17 Section 223.010(a) do not apply to a contract for:
692-18 (1) maintenance; or
692-19 (2) the making of all necessary plans and surveys
692-20 preliminary to construction, reconstruction, or maintenance.
692-21 (b) Section 1, Chapter 232 (S.B. No. 532), Acts of the 74th
692-22 Legislature, Regular Session, 1995, is repealed.
692-23 SECTION 30.15. (a) Chapter 223, Transportation Code, is
692-24 amended to codify Article 6674i-5, Revised Statutes, as added by
693-1 Section 1, Chapter 780 (S.B. No. 1058), Acts of the 74th
693-2 Legislature, Regular Session, 1995, by adding Subchapter D to read
693-3 as follows:
693-4 SUBCHAPTER D. CONTRACTS FOR ENVIRONMENTAL OR CULTURAL ASSESSMENT
693-5 Sec. 223.151. APPLICABILITY. This subchapter:
693-6 (1) applies to services of a technical expert,
693-7 including an archeologist, biologist, geologist, or historian, to
693-8 conduct an environmental or cultural assessment required by state
693-9 or federal law for a transportation project under the authority or
693-10 jurisdiction of the department; and
693-11 (2) does not apply to services defined as engineering
693-12 by the State Board of Registration for Professional Engineers under
693-13 The Texas Engineering Practice Act (Article 3271a, Vernon's Texas
693-14 Civil Statutes).
693-15 Sec. 223.152. DETERMINATION BY DEPARTMENT. The department
693-16 may use competitive sealed proposals to obtain services under this
693-17 subchapter if the department determines that competitive sealed
693-18 bidding or informal competitive bidding is:
693-19 (1) not practical; or
693-20 (2) disadvantageous to the state.
693-21 Sec. 223.153. SOLICITATION OF PROPOSALS. The department
693-22 shall solicit proposals under this subchapter using the procedure
693-23 by which the department procures services under Subchapter A,
693-24 Chapter 2254, Government Code.
694-1 Sec. 223.154. OPENING OF PROPOSALS; DISCLOSURE OF
694-2 INFORMATION. (a) The department:
694-3 (1) shall open each proposal received under this
694-4 subchapter so as to avoid disclosure of contents to competing
694-5 offerors during the process of negotiation; and
694-6 (2) may not disclose any information to an offeror
694-7 that is derived from a proposal received from another offeror.
694-8 (b) After the award of a contract under this subchapter,
694-9 each proposal submitted to the department is open for public
694-10 inspection, except as provided by Chapter 552, Government Code.
694-11 Sec. 223.155. DISCUSSIONS WITH OFFERORS. (a) As provided
694-12 in a request for proposals and under rules adopted by the
694-13 commission, the department may discuss an acceptable or potentially
694-14 acceptable proposal with the offeror to assess that offeror's
694-15 ability to meet each requirement of the solicitation.
694-16 (b) To obtain the best final offer, before the department
694-17 awards a contract under this subchapter, the department may permit
694-18 an offeror to revise the offeror's proposal.
694-19 (c) The department shall provide each offeror an equal
694-20 opportunity to discuss and revise the offeror's proposal.
694-21 Sec. 223.156. AWARD OF CONTRACT. (a) Except as provided by
694-22 Subsection (c), the department shall make a written award of a
694-23 contract under this subchapter to the offeror whose proposal is the
694-24 most advantageous to the state, considering price and the
695-1 evaluation factors in the request for proposals.
695-2 (b) The contract file must state in writing the basis on
695-3 which the award is made.
695-4 (c) If the department finds that none of the proposals is
695-5 acceptable, the department shall reject all proposals.
695-6 Sec. 223.157. RULES. The department may adopt rules to
695-7 implement this subchapter.
695-8 (b) Article 6674i-5, Revised Statutes, as added by Section
695-9 1, Chapter 780 (S.B. No. 1058), Acts of the 74th Legislature,
695-10 Regular Session, 1995, is repealed.
695-11 SECTION 30.16. (a) Subchapter B, Chapter 225,
695-12 Transportation Code, is amended to conform to Chapters 13 (S.B. No.
695-13 304), 14 (S.B. No. 318), 447 (H.B. No. 1544), 530 (S.B. No. 1129),
695-14 546 (S.B. No. 1701), and 569 (S.B. No. 443), Acts of the 74th
695-15 Legislature, Regular Session, 1995 (Articles 6673e-11, 6673e-12,
695-16 6673e-13, 6673e-15, 6673e-16, and 6673e-14, Vernon's Texas Civil
695-17 Statutes), by adding Sections 225.028-225.033 to read as follows:
695-18 Sec. 225.028. PEARL HARBOR MEMORIAL HIGHWAY. (a) The part
695-19 of U.S. Highway 290 between Johnson City and Interstate Highway 10
695-20 is the Pearl Harbor Memorial Highway.
695-21 (b) The department shall design and construct markers
695-22 indicating the highway number, the designation as the Pearl Harbor
695-23 Memorial Highway, and any other appropriate information.
695-24 (c) The department shall erect a marker at each end of the
696-1 memorial highway and at appropriate intermediate sites along the
696-2 highway.
696-3 Sec. 225.029. PRESIDENTIAL CORRIDOR. (a) In recognition of
696-4 the connection between the Lyndon Baines Johnson Library in Austin
696-5 and the George Herbert Walker Bush Library in College Station, the
696-6 parts of U.S. Highway 290 from Interstate Highway 35 to State
696-7 Highway 21 and State Highway 21 from U.S. Highway 290 to State
696-8 Highway 6 are the Presidential Corridor. The designation is in
696-9 addition to any other designation.
696-10 (b) The department shall design and construct markers
696-11 indicating the highway number, the designation as the Presidential
696-12 Corridor, and any other appropriate information.
696-13 (c) The department shall erect a marker at each end of the
696-14 corridor and at appropriate intermediate sites along the corridor.
696-15 Sec. 225.030. HENRY G. "BUD" LEHMAN HIGHWAY. (a) The part
696-16 of U.S. Highway 290 in Lee County is the Henry G. "Bud" Lehman
696-17 Highway.
696-18 (b) The department shall design and construct markers
696-19 indicating the highway number, the designation as the Henry G.
696-20 "Bud" Lehman Highway, and any other appropriate information.
696-21 (c) The department shall erect a marker at each end of the
696-22 highway and at appropriate intermediate sites along the highway.
696-23 Sec. 225.031. RAY C. STOKER, JR., HIGHWAY. (a) The parts
696-24 of Farm-to-Market Road 503 from Valera to Farm-to-Market Road 1929
697-1 and Farm-to-Market Road 1929 from Farm-to-Market Road 503 to U.S.
697-2 Highway 83 are the Ray C. Stoker, Jr., Highway.
697-3 (b) The department shall design and construct markers
697-4 indicating the highway number, the designation as the Ray C.
697-5 Stoker, Jr., Highway, and any other appropriate information.
697-6 (c) The department shall erect a marker at each end of the
697-7 highway and at appropriate intermediate sites along the highway.
697-8 Sec. 225.032. S. M. WRIGHT FREEWAY. (a) In recognition of
697-9 S. M. Wright's outstanding spiritual and civic contributions to the
697-10 city of Dallas and the state, the parts of U.S. Highway 175 in
697-11 Dallas County between Interstate Highway 45 and State Highway 310
697-12 and State Highway 310 between U.S. Highway 175 and State Loop 12
697-13 are the S. M. Wright Freeway. The designation is in addition to
697-14 any other designation.
697-15 (b) The department shall design and construct memorial
697-16 markers indicating the highway number, the designation as the S. M.
697-17 Wright Freeway, and any other appropriate information.
697-18 (c) The department shall erect a marker at each end of the
697-19 freeway and at appropriate intermediate sites along the freeway.
697-20 Sec. 225.033. PRESIDENT GEORGE BUSH HIGHWAY. (a) The part
697-21 of U.S. Highway 190 in Dallas, Collin, and Denton counties is the
697-22 President George Bush Highway. The designation is in addition to
697-23 any other designation.
697-24 (b) The department shall design and construct markers
698-1 indicating the highway number, the designation as the President
698-2 George Bush Highway, and any other appropriate information.
698-3 (c) The department shall erect a marker at each end of the
698-4 highway and at appropriate intermediate sites along the highway.
698-5 (d) If the Texas Turnpike Authority assumes jurisdiction
698-6 over the highway, the authority has the powers and shall perform
698-7 the duties of the department under this section and Section
698-8 225.021.
698-9 (b) Chapters 13 (S.B. No. 304), 14 (S.B. No. 318), 447 (H.B.
698-10 No. 1544), 530 (S.B. No. 1129), 546 (S.B. No. 1701), and 569 (S.B.
698-11 No. 443), Acts of the 74th Legislature, Regular Session, 1995
698-12 (Articles 6673e-11, 6673e-12, 6673e-13, 6673e-15, 6673e-16, and
698-13 6673e-14, Vernon's Texas Civil Statutes), are repealed.
698-14 SECTION 30.17. (a) Subchapter A, Chapter 256,
698-15 Transportation Code, is amended to conform to Section 1, Chapter
698-16 568 (S.B. No. 437), Acts of the 74th Legislature, Regular Session,
698-17 1995, by adding Section 256.009 to read as follows:
698-18 Sec. 256.009. REPORT TO COMPTROLLER. (a) Not later than
698-19 January 30 of each year, the county auditor or, if the county does
698-20 not have a county auditor, the official having the duties of the
698-21 county auditor shall file a report with the comptroller stating the
698-22 total amount of expenditures for county road and bridge
698-23 construction, maintenance, rehabilitation, right-of-way
698-24 acquisition, and utility construction and other appropriate road
699-1 expenditures of county funds in the preceding calendar year that
699-2 are required by the constitution or other law to be spent on public
699-3 roads or highways. The report must be in a form prescribed by the
699-4 comptroller.
699-5 (b) The comptroller may distribute money under Section
699-6 256.002(a) to a county only if the most recent report required by
699-7 Subsection (a) has been filed.
699-8 (b) Section 1, Chapter 568 (S.B. No. 437), Acts of the 74th
699-9 Legislature, Regular Session, 1995, is repealed.
699-10 SECTION 30.18. (a) Chapter 284, Transportation Code, is
699-11 amended to conform to Section 1, Chapter 960 (H.B. No. 3143), Acts
699-12 of the 74th Legislature, Regular Session, 1995, by adding
699-13 Subchapter D to read as follows:
699-14 SUBCHAPTER D. UNAUTHORIZED USE OF TOLL ROADS IN
699-15 CERTAIN COUNTIES
699-16 Sec. 284.201. APPLICABILITY OF SUBCHAPTER. This subchapter
699-17 applies only to a county with a population of more than 2.2
699-18 million.
699-19 Sec. 284.202. ORDER PROHIBITING OPERATION OF MOTOR VEHICLE
699-20 ON TOLL PROJECT. (a) The commissioners court of a county by order
699-21 may prohibit the operation of a motor vehicle on a county project
699-22 described by Section 284.001(3) if:
699-23 (1) an operator of the vehicle has failed to pay a
699-24 required toll or charge; and
700-1 (2) the county provides the registered owner of the
700-2 vehicle with notice of the unpaid toll or charge.
700-3 (b) The notice required by Subsection (a)(2) must be mailed
700-4 to the registered owner of the vehicle at least 10 days before the
700-5 date the prohibition takes effect.
700-6 Sec. 284.203. VIOLATION OF ORDER; OFFENSE. (a) A person
700-7 commits an offense if the person operates a motor vehicle or causes
700-8 or allows the operation of a motor vehicle in violation of an order
700-9 adopted under Section 284.202(a).
700-10 (b) An offense under this section is a Class C misdemeanor.
700-11 Sec. 284.204. ADMINISTRATIVE ADJUDICATION HEARING PROCEDURE.
700-12 (a) The commissioners court of a county may adopt an
700-13 administrative adjudication hearing procedure for a person who is
700-14 suspected of having violated an order adopted under Section
700-15 284.202(a) on at least two separate occasions within a 12-month
700-16 period in connection with a toll to be paid by electronic means.
700-17 (b) A hearing procedure adopted under Subsection (a) must
700-18 provide:
700-19 (1) a period for a person charged with violating the
700-20 order:
700-21 (A) to pay the toll or charge plus
700-22 administrative costs; or
700-23 (B) to request a hearing;
700-24 (2) for appointment of one or more hearing officers
701-1 with authority to administer oaths and issue orders compelling the
701-2 attendance of witnesses and the production of documents; and
701-3 (3) for the amount and disposition of civil fines,
701-4 costs, and fees.
701-5 (c) An order issued under Subsection (b)(2) may be enforced
701-6 by a justice of the peace.
701-7 Sec. 284.205. CITATION OR SUMMONS. (a) A citation or
701-8 summons issued under this subchapter must:
701-9 (1) inform the recipient of the time and place of the
701-10 hearing; and
701-11 (2) notify the person charged with a violation that
701-12 the person has the right of a hearing without delay.
701-13 (b) The original or any copy of the summons or citation is a
701-14 record kept in the ordinary course of business of the county and is
701-15 rebuttable proof of the facts it contains.
701-16 Sec. 284.206. ADMINISTRATIVE HEARING: PRESUMPTION; EVIDENCE
701-17 OF OWNERSHIP. In an administrative adjudication hearing under this
701-18 subchapter it is presumed that:
701-19 (1) the registered owner of the motor vehicle that is
701-20 the subject of the hearing is the person who operated or allowed
701-21 another person to operate the motor vehicle in violation of the
701-22 order; and
701-23 (2) a computer record of the department of the
701-24 registered vehicle owner is prima facie evidence of its contents.
702-1 Sec. 284.207. ATTENDANCE ON HEARING. (a) The peace officer
702-2 or toll road agent who alleges a violation is not required to
702-3 attend the hearing.
702-4 (b) The failure of a person charged with an offense to
702-5 appear at the hearing is considered an admission of liability for
702-6 the violation.
702-7 Sec. 284.208. DECISION OF HEARING OFFICER. (a) The hearing
702-8 officer shall issue a decision stating:
702-9 (1) whether the person charged is liable for a
702-10 violation of the order; and
702-11 (2) the amount of the fine and costs to be assessed
702-12 against the person.
702-13 (b) The hearing officer shall file the decision with the
702-14 county clerk.
702-15 (c) A decision of a hearing officer filed under Subsection
702-16 (b) must be kept in a separate index and file. The decision may be
702-17 recorded using a computer printout, microfilm, microfiche, or a
702-18 similar data processing technique.
702-19 Sec. 284.209. ENFORCEMENT OF DECISION. A decision issued
702-20 under Section 284.208(a) may be enforced by:
702-21 (1) placing a device that prohibits movement of a
702-22 motor vehicle on the vehicle that is the subject of the decision;
702-23 (2) imposing an additional fine if the fine for the
702-24 offense is not paid within a specified time; or
703-1 (3) refusing to allow the registration of the vehicle.
703-2 Sec. 284.210. APPEAL OF HEARING OFFICER DECISION. (a) A
703-3 person determined by a hearing officer to be in violation of an
703-4 order may appeal the determination to a county court at law.
703-5 (b) To appeal, the person must file a petition with the
703-6 court not later than the 30th day after the date the hearing
703-7 officer's decision is filed with the county clerk. The petition
703-8 must be accompanied by payment of the costs required by law for the
703-9 court.
703-10 Sec. 284.211. HEARING ON APPEAL. The court in which an
703-11 appeal petition is filed shall:
703-12 (1) schedule a hearing; and
703-13 (2) notify all parties of the date, time, and place of
703-14 the hearing.
703-15 Sec. 284.212. EFFECT OF APPEAL. Service of notice of appeal
703-16 does not stay the enforcement and collection of the decision of the
703-17 hearing officer unless the person who files the appeal posts a bond
703-18 with an agency designated by the county to accept payment for a
703-19 violation.
703-20 (b) Section 1, Chapter 960 (H.B. No. 3143), Acts of the 74th
703-21 Legislature, Regular Session, 1995, is repealed.
703-22 SECTION 30.19. (a) Section 361.055, Transportation Code, is
703-23 amended to conform to Section 2, Chapter 148 (S.B. No. 927), Acts
703-24 of the 74th Legislature, Regular Session, 1995, to read as follows:
704-1 Sec. 361.055. SUCCESSOR AGENCY TO AUTHORITY. The following
704-2 are successor agencies to the authority for purposes of Section
704-3 52-b, Article III, Texas Constitution:
704-4 (1) a county, municipality, or local government
704-5 corporation that leases, buys, or receives a turnpike project under
704-6 Subchapter H;
704-7 (2) a county with a population of more than 1.5
704-8 million that constructs a toll road, toll bridge, or turnpike
704-9 project;
704-10 (3) a local government corporation serving a county
704-11 with a population of more than 1.5 million that constructs a toll
704-12 road, toll bridge, or turnpike project; and
704-13 (4) an adjacent county in a joint turnpike authority
704-14 with a county with a population of more than 1.5 million that
704-15 constructs a toll road, toll bridge, or turnpike project.
704-16 (b) Section 361.251, Transportation Code, is amended to
704-17 conform to Section 16, Chapter 705 (S.B. No. 3), Acts of the 74th
704-18 Legislature, Regular Session, 1995, to read as follows:
704-19 Sec. 361.251. [OPERATION OF MOTOR VEHICLE FOR COMPENSATION
704-20 ON] TURNPIKE PROJECT A PUBLIC HIGHWAY. A turnpike project is a
704-21 public highway [under Chapters 801 and 802. A motor bus company,
704-22 common carrier motor carrier, specialized motor carrier, contract
704-23 carrier, or other motor vehicle operation for compensation may not
704-24 be conducted on the turnpike project except under Chapter 270, Acts
705-1 of the 40th Legislature, Regular Session, 1927 (Article 911a,
705-2 Vernon's Texas Civil Statutes), and Chapter 314, Acts of the 41st
705-3 Legislature, Regular Session, 1927 (Article 911b, Vernon's Texas
705-4 Civil Statutes)].
705-5 (c) Section 361.281, Transportation Code, is amended to
705-6 conform to Section 1, Chapter 148 (S.B. No. 927), Acts of the 74th
705-7 Legislature, Regular Session, 1995, to read as follows:
705-8 Sec. 361.281. APPLICABILITY OF SUBCHAPTER. This subchapter
705-9 applies only to:
705-10 (1) a county with a population of more than 1.5
705-11 million;
705-12 (2) a local government corporation serving a county
705-13 with a population of more than 1.5 million; [or]
705-14 (3) an adjacent county in a joint turnpike authority
705-15 with a county with a population of more than 1.5 million; or
705-16 (4) a municipality with a population of more than
705-17 120,000 that is adjacent to the United Mexican States.
705-18 (d) Section 361.282, Transportation Code, is amended to
705-19 conform to Section 1, Chapter 148 (S.B. No. 927), Acts of the 74th
705-20 Legislature, Regular Session, 1995, to read as follows:
705-21 Sec. 361.282. LEASE, SALE, OR CONVEYANCE OF TURNPIKE
705-22 PROJECT. (a) The authority may lease, sell, or convey in another
705-23 manner a turnpike project to a county, a municipality, or a local
705-24 government corporation created under Chapter 431.
706-1 (b) Except as provided by Subsection (c), the [The]
706-2 authority, the commission, and the governor must approve the
706-3 transfer of the turnpike project as being in the best interests of
706-4 the state and the county.
706-5 (c) If the lease, sale, or conveyance is to a municipality,
706-6 the authority, the commission, and the governor must approve the
706-7 transfer of the turnpike project as being in the best interests of
706-8 the state and the municipality.
706-9 (e) Sections 1 and 2, Chapter 148 (S.B. No. 927), and
706-10 Section 16, Chapter 705 (S.B. No. 3), Acts of the 74th Legislature,
706-11 Regular Session, 1995, are repealed.
706-12 SECTION 30.20. Section 362.003(c), Transportation Code, is
706-13 amended to conform to Chapter 165 (S.B. No. 971), Acts of the 74th
706-14 Legislature, Regular Session, 1995, to read as follows:
706-15 (c) This chapter is cumulative of all laws affecting the
706-16 authority, and the authority is authorized to enter into all
706-17 agreements necessary or convenient to effectuate the purposes of
706-18 this chapter. Particularly, but not by way of limitation, the
706-19 provisions of [Chapter 410, Acts of the 53rd Legislature, Regular
706-20 Session, 1953 (Article 6674v, Vernon's Texas Civil Statutes),]
706-21 Chapter 503, Acts of the 54th Legislature, 1955 (Article 717k,
706-22 Vernon's Texas Civil Statutes), the Bond Procedures Act of 1981
706-23 (Article 717k-6, Vernon's Texas Civil Statutes), [and] Chapter 656,
706-24 Acts of the 68th Legislature, Regular Session, 1983 (Article 717q,
707-1 Vernon's Texas Civil Statutes), and Chapter 361 are applicable to
707-2 the bonds issued by the authority under this chapter.
707-3 SECTION 30.21. Subchapter A, Chapter 391, Transportation
707-4 Code, is amended to conform to Section 1(18), Chapter 1058 (H.B.
707-5 No. 3050), Acts of the 74th Legislature, Regular Session, 1995, by
707-6 adding Section 391.004 to read as follows:
707-7 Sec. 391.004. TEXAS HIGHWAY BEAUTIFICATION FUND ACCOUNT.
707-8 The Texas highway beautification fund account is an account in the
707-9 general revenue fund. Money the commission receives under this
707-10 chapter shall be deposited to the credit of the Texas highway
707-11 beautification fund account. The commission shall use money in the
707-12 Texas highway beautification fund account to administer this
707-13 chapter.
707-14 SECTION 30.22. (a) Sections 391.001 and 391.091,
707-15 Transportation Code, are amended to conform to Section 1, Chapter
707-16 284 (S.B. No. 882), Acts of the 74th Legislature, Regular Session,
707-17 1995, to read as follows:
707-18 Sec. 391.001. DEFINITIONS. In this chapter:
707-19 (1) "Automobile graveyard" means an establishment that
707-20 is maintained, used, or operated for storing, buying, or selling
707-21 wrecked, scrapped, ruined, or dismantled motor vehicles or motor
707-22 vehicle parts.
707-23 (2) "Eligible highway" means a highway that:
707-24 (A) is located outside an urbanized area with a
708-1 population of 50,000 or more; and
708-2 (B) qualifies for a maximum speed limit of 65
708-3 miles per hour under 23 U.S.C. Section 154 or, if that law is
708-4 repealed, qualified for a maximum speed limit of 65 miles per hour
708-5 on the day before the effective date of the repeal.
708-6 (3) "Eligible urban highway" means an interstate
708-7 highway that is located inside an urbanized area with a population
708-8 of 200,000 or more.
708-9 (4) "Information logo sign" means a specific
708-10 information logo sign or a major shopping area guide sign.
708-11 (5) "Interstate system" means that portion of the
708-12 national system of interstate and defense highways that is located
708-13 in this state and is designated officially by the commission and
708-14 approved under Title 23, United States Code.
708-15 (6) [(3)] "Junk" means:
708-16 (A) old or scrap copper, brass, rope, rags,
708-17 batteries, paper, trash, rubber, debris, or waste;
708-18 (B) junked, dismantled, or wrecked automobiles
708-19 or automobile parts; or
708-20 (C) iron, steel, and other old or scrap ferrous
708-21 or nonferrous material.
708-22 (7) [(4)] "Junkyard" means:
708-23 (A) an automobile graveyard;
708-24 (B) an establishment maintained, used, or
709-1 operated for storing, buying, or selling junk or processing scrap
709-2 metal; or
709-3 (C) a garbage dump or sanitary fill.
709-4 (8) "Major shopping area" means a geographic area
709-5 that:
709-6 (A) consists of 30 acres or more of land; and
709-7 (B) includes an enclosed retail shopping mall
709-8 that contains 1 million square feet or more of gross building area.
709-9 (9) "Major shopping area guide sign" means a
709-10 rectangular guide sign panel imprinted with the name of a major
709-11 shopping area, as it is commonly known to the public, and
709-12 containing directional information to the major shopping area.
709-13 (10) [(5)] "Outdoor advertising" means an outdoor
709-14 sign, display, light, device, figure, painting, drawing, message,
709-15 plaque, poster, billboard, or other thing designed, intended, or
709-16 used to advertise or inform if any part of the advertising or
709-17 information content is visible from the main-traveled way of the
709-18 interstate or primary system. The term does not include a sign or
709-19 marker giving information about the location of an underground
709-20 electric transmission line, telegraph or telephone property or
709-21 facility, pipeline, public sewer, or waterline.
709-22 (11) [(6)] "Primary system" means that portion of
709-23 connected main highways located in this state that is designated
709-24 officially by the commission and approved under Title 23, United
710-1 States Code.
710-2 (12) [(7)] "Specific information logo sign" means a
710-3 rectangular sign panel imprinted with the words "GAS," "FOOD,"
710-4 "LODGING," or "CAMPING," or with a combination of those words, and
710-5 the specific brand names of commercial establishments offering
710-6 those services[, including specific brand names, giving specific
710-7 information of interest to the traveling public].
710-8 (13) [(8)] "Urban area" means an area defined by the
710-9 commission in cooperation with local officials, subject to approval
710-10 by the secretary of the United States Department of Transportation,
710-11 that as a minimum includes an urban place as designated by the
710-12 United States Bureau of the Census having a population of 5,000 or
710-13 more and not located within an urbanized area.
710-14 (14) [(9)] "Urbanized area" means an area defined by
710-15 the commission in cooperation with local officials, subject to
710-16 approval by the secretary of the United States Department of
710-17 Transportation, that as a minimum includes an urbanized area as
710-18 defined by the United States Bureau of the Census or that part of a
710-19 multistate urbanized area located in this state.
710-20 Sec. 391.091. ERECTION AND MAINTENANCE OF SIGNS. The
710-21 commission shall contract with an individual, firm, group, or
710-22 association in this state to erect and maintain specific
710-23 information logo signs at appropriate locations along an eligible
710-24 highway [interstate highways in each county with a population of
711-1 less than 20,000].
711-2 (b) Sections 391.092(a) and (c), Transportation Code, are
711-3 amended to conform to Section 1, Chapter 284 (S.B. No. 882), Acts
711-4 of the 74th Legislature, Regular Session, 1995, to read as follows:
711-5 (a) The commission shall:
711-6 (1) regulate the content, composition, placement,
711-7 erection, and maintenance of specific information logo signs and
711-8 supports on an eligible [interstate] highway right-of-way; and
711-9 (2) adopt rules necessary to administer and enforce
711-10 this subchapter.
711-11 (c) A specific information logo sign may not:
711-12 (1) contain a message, symbol, or trademark that
711-13 resembles an official traffic-control device; or
711-14 (2) [have vertical spacing between establishment names
711-15 that exceeds eight inches or horizontal spacing between
711-16 establishment names that exceeds 12 inches;]
711-17 [(3)] contain more than six [four] establishment names
711-18 for each [service on one] sign panel[; or]
711-19 [(4) contain logos for more than one service on a sign
711-20 panel except in an area in which not more than two eligible
711-21 establishments are available for a service, in which case a sign
711-22 panel may contain logos for two services].
711-23 (c) Section 391.093(a), Transportation Code, is amended to
711-24 conform to Section 1, Chapter 284 (S.B. No. 882), Acts of the 74th
712-1 Legislature, Regular Session, 1995, to read as follows:
712-2 (a) A commercial establishment, to be eligible to have its
712-3 name displayed on a specific information logo sign, must provide
712-4 gas, food, lodging, or camping and be located not more than three
712-5 miles from an interchange on an eligible [interstate] highway. If
712-6 no service participating or willing to participate in the specific
712-7 information logo sign program is located within three miles of an
712-8 interchange, the commission may grant permits for commercial
712-9 establishments located not farther than:
712-10 (1) six miles from the interchange;
712-11 (2) nine miles from the interchange if no service
712-12 participating or willing to participate in the program is located
712-13 within six miles from the interchange;
712-14 (3) 12 miles from the interchange if no service
712-15 participating or willing to participate in the program is located
712-16 within nine miles of the interchange; or
712-17 (4) 15 miles from the interchange if no service
712-18 participating or willing to participate in the program is located
712-19 within 12 miles of the interchange [more than 15 miles from the
712-20 interchange].
712-21 (d) Subchapter D, Chapter 391, Transportation Code, is
712-22 amended to conform to Section 1, Chapter 284 (S.B. No. 882), Acts
712-23 of the 74th Legislature, Regular Session, 1995, by adding Section
712-24 391.0935 to read as follows:
713-1 Sec. 391.0935. MAJOR SHOPPING AREA GUIDE SIGNS. (a) Unless
713-2 the commission determines there is a conflict with federal law, the
713-3 commission shall establish a program that allows the erection and
713-4 maintenance of major shopping area guide signs at appropriate
713-5 locations along eligible urban highways.
713-6 (b) The commission shall adopt rules regulating the content,
713-7 composition, placement, erection, and maintenance of major shopping
713-8 area guide signs and supports within eligible urban highway
713-9 rights-of-way. A major shopping area is entitled to have its name
713-10 displayed on major shopping area guide signs if it is located not
713-11 farther than three miles from an interchange on an eligible urban
713-12 highway.
713-13 (c) A major shopping area that has its name displayed on a
713-14 major shopping area guide sign shall reimburse the commission for
713-15 all costs associated with the composition, placement, erection, and
713-16 maintenance of the sign.
713-17 (d) Major shopping area guide signs may be included as part
713-18 of exit direction signs, advance guide signs, and supplemental
713-19 guide signs and must include guide signs for both directions of
713-20 traffic on an eligible urban highway.
713-21 (e) Sections 391.093(b)-(e) do not apply to major shopping
713-22 area guide signs.
713-23 (e) Section 391.095, Transportation Code, is amended to
713-24 conform to Section 1, Chapter 284 (S.B. No. 882), Acts of the 74th
714-1 Legislature, Regular Session, 1995, to read as follows:
714-2 Sec. 391.095. PLACEMENT OF SIGNS. (a) The contractor
714-3 installing a specific information logo sign shall place the sign so
714-4 that:
714-5 (1) the sign is at least 800 feet from the previous
714-6 interchange and at least 800 feet from the exit direction sign at
714-7 the interchange from which the services are available;
714-8 (2) two signs having the same legend are at least 800
714-9 feet apart, but are not excessively spaced; and
714-10 (3) a motorist, after following the sign, can
714-11 conveniently reenter the highway and continue in the original
714-12 direction of travel[; and]
714-13 [(4) if the service facilities are not visible from a
714-14 single-exit interchange ramp terminal, the signs are placed along
714-15 the ramp or at the ramp terminal].
714-16 (b) A specific information logo sign that is placed along a
714-17 ramp or at a ramp terminal must be a duplicate of the corresponding
714-18 establishment logo sign, except that the ramp sign must:
714-19 (1) be smaller [and omit the service information];
714-20 (2) include the distance to the commercial
714-21 establishment; and
714-22 (3) include directional arrows instead of directions
714-23 shown in words.
714-24 (c) If the service facilities are not visible from an
715-1 interchange ramp terminal, additional signs may be placed along the
715-2 ramp or at the ramp terminal.
715-3 (f) Section 1, Chapter 284 (S.B. No. 882), Acts of the 74th
715-4 Legislature, Regular Session, 1995, is repealed.
715-5 SECTION 30.23. (a) Section 394.003(a), Transportation Code,
715-6 is amended to conform to Section 1, Chapter 343 (S.B. No. 888),
715-7 Acts of the 74th Legislature, Regular Session, 1995, to read as
715-8 follows:
715-9 (a) This chapter does not apply to:
715-10 (1) a sign that is allowed to be erected and
715-11 maintained under the highway beautification provisions contained in
715-12 Chapter 391;
715-13 (2) a sign in existence before September 1, 1985;
715-14 (3) a sign that has as its purpose the protection of
715-15 life or property;
715-16 (4) a directional or other official sign authorized by
715-17 law, including a sign that pertains to a natural wonder or a scenic
715-18 or historic attraction;
715-19 (5) a sign that gives information about the location
715-20 of an underground electric transmission line or a telegraph or
715-21 telephone property or facility, a pipeline, a public sewer, or a
715-22 waterline;
715-23 (6) a sign erected by an agency or political
715-24 subdivision of the state; or
716-1 (7) a sign erected solely for and relating to a public
716-2 election if the sign:
716-3 (A) is on private property;
716-4 (B) is erected not earlier than the 90th [60th]
716-5 day before the date of the election and is removed not later than
716-6 the 10th day after the election date;
716-7 (C) is constructed of lightweight material; and
716-8 (D) has a surface area not larger than 50 square
716-9 feet.
716-10 (b) Section 1, Chapter 343 (S.B. No. 888), Acts of the 74th
716-11 Legislature, Regular Session, 1995, is repealed.
716-12 SECTION 30.24. Section 431.101, Transportation Code, is
716-13 amended to more closely conform to the law from which it was
716-14 derived to read as follows:
716-15 Sec. 431.101. CREATION OF LOCAL GOVERNMENT CORPORATION. (a)
716-16 A local government corporation may be created to aid and act on
716-17 behalf of one or more local governments.
716-18 (b) A local government corporation has the powers of a
716-19 corporation authorized for creation by the commission under this
716-20 chapter.
716-21 SECTION 30.25. (a) Subchapter C, Chapter 451,
716-22 Transportation Code, is amended to conform to Section 74(a),
716-23 Chapter 318 (S.B. No. 15), Acts of the 74th Legislature, Regular
716-24 Session, 1995, by adding Section 451.1075 to read as follows:
717-1 Sec. 451.1075. PROHIBITION OF CONSUMPTION OF ALCOHOLIC
717-2 BEVERAGE. (a) A board by resolution may prohibit the consumption
717-3 of an alcoholic beverage on property an authority possesses or
717-4 controls. The resolution must describe with particularity each
717-5 place where consumption of an alcoholic beverage is prohibited.
717-6 (b) The authority shall post a sign in each place where
717-7 consumption of an alcoholic beverage is prohibited under this
717-8 section. The sign must indicate that a person may not consume an
717-9 alcoholic beverage in that place.
717-10 (c) A person commits an offense if the person consumes an
717-11 alcoholic beverage in a place where the consumption of an alcoholic
717-12 beverage is prohibited under this section.
717-13 (d) An offense under this section is a Class C misdemeanor.
717-14 (e) In this section, "alcoholic beverage" has the meaning
717-15 assigned by Section 1.04, Alcoholic Beverage Code.
717-16 (b) Section 74(a), Chapter 318 (S.B. No. 15), Acts of the
717-17 74th Legislature, Regular Session, 1995, is repealed.
717-18 SECTION 30.26. (a) Subchapter G, Chapter 451,
717-19 Transportation Code, is amended to conform to Sections 11 and 12,
717-20 Chapter 11 (S.B. No. 200), Acts of the 74th Legislature, Regular
717-21 Session, 1995, to read as follows:
717-22 SUBCHAPTER G. ALTERNATIVE FUEL [FUELS] USE PROGRAM
717-23 Sec. 451.301. DEFINITIONS. In this subchapter, "alternative
717-24 fuel" and "conventional gasoline" have the meanings assigned by
718-1 Section 382.131, Health and Safety Code.
718-2 Sec. 451.3015. PURCHASE AND PERCENT OF VEHICLES USING
718-3 ALTERNATIVE FUEL [FUELS]. (a) The board may not purchase or lease
718-4 a motor vehicle that is not capable of using [compressed natural
718-5 gas or another] alternative fuel [the use of which results in
718-6 comparably lower emissions of oxides of nitrogen, volatile organic
718-7 compounds, carbon monoxide, or particulates or combinations of
718-8 those materials].
718-9 (b) After August 31, 1996, at least 50 percent of the fleet
718-10 vehicles of an authority must be capable of using [compressed
718-11 natural gas or other] alternative fuel [fuels].
718-12 (b-1) At least 30 percent of the fleet vehicles of an
718-13 authority operated in 1994 must be capable of using [compressed
718-14 natural gas or other] alternative fuel [fuels]. This subsection
718-15 expires September 1, 1996.
718-16 (c) The Texas Natural Resource Conservation Commission,
718-17 before 1997, shall review the alternative fuel [fuels] use program
718-18 under this section. If the commission determines that the program
718-19 has been effective in reducing total annual emissions from motor
718-20 vehicles in the area, the board shall achieve a percentage of fleet
718-21 vehicles capable of using [compressed natural gas or other]
718-22 alternative fuel [fuels] of at least 90 percent of the number of
718-23 fleet vehicles operated after August 31, 1998.
718-24 Sec. 451.302. ALTERNATIVE FUEL [FUELS] USE PROGRAM:
719-1 EXCEPTIONS. (a) The board, other than the board of an authority
719-2 described by Subsection (b), may make exceptions to the
719-3 requirements of Section 451.3015(a) [451.301(a)] if the board
719-4 certifies the facts described by Subsection (c).
719-5 (b) The Texas Natural Resource Conservation Commission may
719-6 make exceptions to, waive the requirements of, or reduce the
719-7 applicable percentage provided by Section 451.3015 [451.301] for an
719-8 authority that was confirmed before July 1, 1985, and in which the
719-9 principal municipality has a population of less than 750,000 if the
719-10 board submits to the commission a certification of the facts
719-11 described by Subsection (c) supported by evidence acceptable to the
719-12 commission.
719-13 (c) A certification under this section must state that:
719-14 (1) the authority's vehicles will be operating
719-15 primarily in an area in which neither the authority nor a supplier
719-16 has or can reasonably be expected to establish a central refueling
719-17 station for [compressed natural gas or other] alternative fuel
719-18 [fuels]; or
719-19 (2) the authority is unable to acquire or be provided
719-20 equipment or refueling facilities necessary to operate vehicles
719-21 using [compressed natural gas or other] alternative fuel [fuels] at
719-22 a projected cost that is reasonably expected to result in no
719-23 greater net cost than the continued use of conventional
719-24 [traditional] gasoline or diesel fuel measured over the expected
720-1 useful life of the equipment or facilities supplied.
720-2 (d) The Texas Natural Resource Conservation Commission shall
720-3 adopt rules for the certification process under Subsection (b),
720-4 including requirements that the authority:
720-5 (1) hold a public hearing; and
720-6 (2) propose an alternative implementation schedule for
720-7 meeting the percentages provided by Section 451.3015 [451.301]
720-8 before applying to the commission for a waiver or reduction of
720-9 those percentage requirements.
720-10 Sec. 451.303. ALTERNATIVE FUEL [FUELS] EQUIPMENT AND
720-11 FACILITIES. (a) In addition to other methods authorized by law,
720-12 an authority may acquire or be provided equipment or refueling
720-13 facilities by an arrangement, including a gift or loan, under a
720-14 service contract for the supply of [compressed natural gas or
720-15 other] alternative fuel [fuels].
720-16 (b) If an authority acquires or is provided equipment or
720-17 facilities as authorized by Subsection (a), the supplier is
720-18 entitled, under the supply contract, to recover the cost of giving,
720-19 loaning, or providing the equipment or facilities through the fuel
720-20 charges.
720-21 Sec. 451.304. ALTERNATIVE FUEL [FUELS] USE PROGRAM:
720-22 VEHICLES COVERED AND SAFETY. (a) In developing an [a compressed
720-23 natural gas or other] alternative fuel [fuels] use program, the
720-24 board should work with vehicle manufacturers and converters, fuel
721-1 distributors, and others to specify the vehicles to be covered
721-2 considering relevant factors, including vehicle range, specialty
721-3 vehicle uses, fuel availability, vehicle manufacturing and
721-4 conversion capability, safety, and resale value.
721-5 (b) The board may meet the percentage requirements of
721-6 Section 451.3015 [451.301] by:
721-7 (1) purchasing new vehicles; or
721-8 (2) converting existing vehicles, in conformity with
721-9 federal and state requirements and applicable safety laws, to
721-10 alternative fuel [fuels] use.
721-11 (c) In purchasing, leasing, maintaining, or converting a
721-12 vehicle for alternative fuel [fuels] use, the board shall comply
721-13 with all applicable safety standards adopted by the United States
721-14 Department of Transportation or the Railroad Commission of Texas or
721-15 a successor agency.
721-16 Sec. 451.305. ALTERNATIVE FUEL [FUELS] USE
721-17 PROGRAM: REPORTS. (a) On or before December 31 of each year, the
721-18 board shall file an annual report with the Texas Natural Resource
721-19 Conservation Commission showing:
721-20 (1) purchases, leases, and conversions of motor
721-21 vehicles;
721-22 (2) the amount of [compressed natural gas and other]
721-23 alternative fuel [fuels] used; and
721-24 (3) any other information required by the commission
722-1 relevant to the alternative fuel [fuels] use program.
722-2 (b) The commission may require reporting from a board to
722-3 document air quality benefits from an alternative fuel [fuels] use
722-4 program.
722-5 (b) Sections 11 and 12, Chapter 11 (S.B. No. 200), Acts of
722-6 the 74th Legislature, Regular Session, 1995, are repealed.
722-7 SECTION 30.27. (a) Subchapter K, Chapter 451,
722-8 Transportation Code, is amended to conform to Section 1, Chapter
722-9 352 (S.B. No. 983), Acts of the 74th Legislature, Regular Session,
722-10 1995, by adding Section 451.5035 to read as follows:
722-11 Sec. 451.5035. DESIGNATION OF ALTERNATE BY MAYOR. (a) This
722-12 section applies only to an authority in which the principal
722-13 municipality has a population of less than 300,000.
722-14 (b) The mayor of a municipality who is unable to attend a
722-15 meeting of an appointments panel may designate a person to:
722-16 (1) represent the municipality at the meeting; and
722-17 (2) vote at the meeting.
722-18 (c) To be eligible to be designated under Subsection (b), a
722-19 person must be a council member, alderman, commissioner, or other
722-20 officer of the municipality.
722-21 (d) A designation under Subsection (b) must:
722-22 (1) be in writing;
722-23 (2) be signed by the mayor; and
722-24 (3) be filed with the minutes of the appointments
723-1 panel kept by the authority.
723-2 (b) Section 1, Chapter 352 (S.B. No. 983), Acts of the 74th
723-3 Legislature, Regular Session, 1995, is repealed.
723-4 SECTION 30.28. (a) Section 451.508, Transportation Code, is
723-5 amended to conform to Section 3, Chapter 225 (H.B. No. 3157), Acts
723-6 of the 74th Legislature, Regular Session, 1995, to read as follows:
723-7 Sec. 451.508. REMOVAL BY BOARD. [(a)] A board member may
723-8 be removed from office by the other members of the board because of
723-9 a ground for removal described by Section 451.510 [451.510(1) or
723-10 (2)].
723-11 [(b) In an authority in which the principal municipality has
723-12 a population of less than 750,000 or more than 1.2 million, a board
723-13 member may also be removed under Subsection (a) because of any
723-14 other ground described by Section 451.510.]
723-15 (b) Section 451.509(c), Transportation Code, is amended to
723-16 conform to Section 2, Chapter 225 (H.B. No. 3157), Acts of the 74th
723-17 Legislature, Regular Session, 1995, to read as follows:
723-18 (c) In an authority in which the principal municipality has
723-19 a population of more than 750,000 [1.2 million], a member of the
723-20 board may be removed for any ground described by Section 451.510 by
723-21 the person or entity that appointed the member. If the person who
723-22 appointed the member is the mayor of the principal municipality,
723-23 the removal is by recommendation of the mayor and confirmation by
723-24 the municipality's governing body. If the member to be removed was
724-1 appointed by the mayor of the principal municipality, the statement
724-2 required by Section 451.511(a) shall be given by the mayor, and
724-3 confirmation of removal by the governing body of the municipality
724-4 is necessary.
724-5 (c) Section 451.513(a), Transportation Code, is amended to
724-6 conform to Section 1, Chapter 225 (H.B. No. 3157), Acts of the 74th
724-7 Legislature, Regular Session, 1995, to read as follows:
724-8 (a) A board member of an authority that [imposes a sales and
724-9 use tax at the rate of one percent and that] has a principal
724-10 municipality with a population of more than 750,000 [1.2 million]
724-11 may be removed, as provided by this section, on a petition for the
724-12 recall of the member submitted by the registered voters of the
724-13 authority. Recall of a member under this section is in addition to
724-14 any other method for removal under this subchapter.
724-15 (d) Sections 1-3, Chapter 225 (H.B. No. 3157), Acts of the
724-16 74th Legislature, Regular Session, 1995, are repealed.
724-17 SECTION 30.29. (a) Subchapter C, Chapter 452,
724-18 Transportation Code, is amended to conform to Section 74(b),
724-19 Chapter 318 (S.B. No. 15), Acts of the 74th Legislature, Regular
724-20 Session, 1995, by adding Section 452.1055 to read as follows:
724-21 Sec. 452.1055. PROHIBITION OF CONSUMPTION OF ALCOHOLIC
724-22 BEVERAGE. (a) A board by resolution may prohibit the consumption
724-23 of an alcoholic beverage on property an authority possesses or
724-24 controls. The resolution must describe with particularity each
725-1 place where consumption of an alcoholic beverage is prohibited.
725-2 (b) The authority shall post a sign in each place where
725-3 consumption of an alcoholic beverage is prohibited under this
725-4 section. The sign must indicate that a person may not consume an
725-5 alcoholic beverage in that place.
725-6 (c) A person commits an offense if the person consumes an
725-7 alcoholic beverage in a place where the consumption of an alcoholic
725-8 beverage is prohibited under this section.
725-9 (d) An offense under this section is a Class C misdemeanor.
725-10 (e) In this section, "alcoholic beverage" has the meaning
725-11 assigned by Section 1.04, Alcoholic Beverage Code.
725-12 (b) Section 74(b), Chapter 318 (S.B. No. 15), Acts of the
725-13 74th Legislature, Regular Session, 1995, is repealed.
725-14 SECTION 30.30. (a) Subchapter F, Chapter 452,
725-15 Transportation Code, is amended to conform to Section 13, Chapter
725-16 11 (S.B. No. 200), Acts of the 74th Legislature, Regular Session,
725-17 1995, to read as follows:
725-18 SUBCHAPTER F. ALTERNATIVE FUEL [FUELS] USE PROGRAM
725-19 Sec. 452.251. DEFINITIONS. In this subchapter, "alternative
725-20 fuel" and "conventional gasoline" have the meanings assigned by
725-21 Section 382.131, Health and Safety Code.
725-22 Sec. 452.2515. PURCHASE AND PERCENT OF VEHICLES USING
725-23 ALTERNATIVE FUEL [FUELS]. (a) An authority may not purchase or
725-24 lease a motor vehicle that is not capable of using [compressed
726-1 natural gas or another] alternative fuel [the use of which results
726-2 in comparably lower emissions of oxides of nitrogen, volatile
726-3 organic compounds, carbon monoxide, or particulates or combinations
726-4 of those materials].
726-5 (b) After August 31, 1996, at least 50 percent of the fleet
726-6 vehicles operated by an authority must be capable of using
726-7 [compressed natural gas or another] alternative fuel.
726-8 (b-1) At least 30 percent of the fleet vehicles operated by
726-9 an authority must be capable of using [compressed natural gas or
726-10 another] alternative fuel. This subsection expires September 1,
726-11 1996.
726-12 (c) The Texas Natural Resource Conservation Commission,
726-13 before 1997, shall review the alternative fuel [fuels] use program
726-14 under this section. If the commission determines that the program
726-15 has been effective in reducing total annual emissions from motor
726-16 vehicles in the area, the authority shall achieve a percentage of
726-17 fleet vehicles capable of using [compressed natural gas or other]
726-18 alternative fuel [fuels] of at least 90 percent of the number of
726-19 fleet vehicles operated after August 31, 1998.
726-20 Sec. 452.252. ALTERNATIVE FUEL [FUELS] USE PROGRAM:
726-21 EXCEPTIONS. (a) An authority may make exceptions to the
726-22 requirements of Section 452.2515(a) [452.251(a)] if the authority
726-23 certifies the facts described by Subsection (b).
726-24 (b) A certification under this section must state that:
727-1 (1) the authority's vehicles will be operating
727-2 primarily in an area in which neither the authority nor a supplier
727-3 has or can reasonably be expected to establish a central refueling
727-4 station for [compressed natural gas or other] alternative fuel
727-5 [fuels]; or
727-6 (2) the authority is unable to acquire or be provided
727-7 equipment or refueling facilities necessary to operate vehicles
727-8 using [compressed natural gas or other] alternative fuel [fuels] at
727-9 a projected cost that is reasonably expected to result in no
727-10 greater net cost than the continued use of conventional
727-11 [traditional] gasoline or diesel fuel measured over the expected
727-12 useful life of the equipment or facilities supplied.
727-13 Sec. 452.253. ALTERNATIVE FUEL [FUELS] EQUIPMENT AND
727-14 FACILITIES. (a) In addition to other methods authorized by law,
727-15 an authority may acquire or be provided equipment or refueling
727-16 facilities by an arrangement, including a gift or loan, under a
727-17 service contract for the supply of [compressed natural gas or
727-18 other] alternative fuel [fuels].
727-19 (b) If an authority acquires or is provided equipment or
727-20 facilities as authorized by Subsection (a), the supplier is
727-21 entitled, under the supply contract, to recover the cost of giving,
727-22 loaning, or providing the equipment or facilities through the fuel
727-23 charges.
727-24 Sec. 452.254. ALTERNATIVE FUEL [FUELS] USE PROGRAM:
728-1 VEHICLES COVERED AND SAFETY. (a) In developing an [a compressed
728-2 natural gas or other] alternative fuel [fuels] use program, the
728-3 authority should work with vehicle manufacturers and converters,
728-4 fuel distributors, and others to specify the vehicles to be covered
728-5 considering relevant factors, including vehicle range, specialty
728-6 vehicle uses, fuel availability, vehicle manufacturing and
728-7 conversion capability, safety, and resale value.
728-8 (b) The authority may meet the percentage requirements of
728-9 Section 452.2515 [452.251] by:
728-10 (1) purchasing new vehicles; or
728-11 (2) converting existing vehicles, in conformity with
728-12 federal and state requirements and applicable safety laws, to
728-13 alternative fuel [fuels] use.
728-14 (c) In purchasing, leasing, maintaining, or converting a
728-15 vehicle for [compressed natural gas or other] alternative fuel
728-16 [fuels] use, the authority shall comply with all applicable safety
728-17 standards adopted by the United States Department of Transportation
728-18 or the Railroad Commission of Texas or their successor agencies.
728-19 Sec. 452.255. ALTERNATIVE FUEL [FUELS] USE PROGRAM:
728-20 REPORTS. (a) On or before December 31 of each year, an authority
728-21 shall file an annual report with the Texas Natural Resource
728-22 Conservation Commission showing:
728-23 (1) purchases, leases, and conversions of motor
728-24 vehicles;
729-1 (2) the amount of [compressed natural gas and other]
729-2 alternative fuel [fuels] used; and
729-3 (3) any other information required by the commission
729-4 relevant to the alternative fuel [fuels] use program.
729-5 (b) The commission may require reporting from an authority
729-6 to document air quality benefits from an alternative fuel [fuels]
729-7 use program.
729-8 (b) Section 13, Chapter 11 (S.B. No. 200), Acts of the 74th
729-9 Legislature, Regular Session, 1995, is repealed.
729-10 SECTION 30.31. (a) Section 453.051(a), Transportation Code,
729-11 is amended to conform to Section 1, Chapter 104 (H.B. No. 2183),
729-12 Acts of the 74th Legislature, Regular Session, 1995, to read as
729-13 follows:
729-14 (a) The governing body of a municipality, by ordinance or
729-15 resolution, may create a transit department if:
729-16 (1) the municipality operates a mass transportation
729-17 system;
729-18 (2) the municipality has a population of 50,000
729-19 [56,000] or more; and
729-20 (3) the governing body determines that the creation of
729-21 a transit department and operation of a transit department system
729-22 would be in the public interest and of benefit to persons residing
729-23 in the municipality.
729-24 (b) Section 1, Chapter 104 (H.B. No. 2183), Acts of the 74th
730-1 Legislature, Regular Session, 1995, is repealed.
730-2 SECTION 30.32. (a) Subchapter B, Chapter 453,
730-3 Transportation Code, is amended to conform to Section 74(c),
730-4 Chapter 318 (S.B. No. 15), Acts of the 74th Legislature, Regular
730-5 Session, 1995, by adding Section 453.060 to read as follows:
730-6 Sec. 453.060. PROHIBITION OF CONSUMPTION OF ALCOHOLIC
730-7 BEVERAGE. (a) A board by resolution may prohibit the consumption
730-8 of an alcoholic beverage on property a transit department possesses
730-9 or controls. The resolution must describe with particularity each
730-10 place where consumption of an alcoholic beverage is prohibited.
730-11 (b) The transit department shall post a sign in each place
730-12 where consumption of an alcoholic beverage is prohibited under this
730-13 section. The sign must indicate that a person may not consume an
730-14 alcoholic beverage in that place.
730-15 (c) A person commits an offense if the person consumes an
730-16 alcoholic beverage in a place where the consumption of an alcoholic
730-17 beverage is prohibited under this section.
730-18 (d) An offense under this section is a Class C misdemeanor.
730-19 (e) In this section, "alcoholic beverage" has the meaning
730-20 assigned by Section 1.04, Alcoholic Beverage Code.
730-21 (b) Section 74(c), Chapter 318 (S.B. No. 15), Acts of the
730-22 74th Legislature, Regular Session, 1995, is repealed.
730-23 SECTION 30.33. (a) Subchapter F, Chapter 453,
730-24 Transportation Code, is amended to conform to Section 14, Chapter
731-1 11, Acts of the 74th Legislature, Regular Session, 1995, to read as
731-2 follows:
731-3 SUBCHAPTER F. ALTERNATIVE FUEL [FUELS] USE PROGRAM
731-4 Sec. 453.251. DEFINITIONS. In this subchapter, "alternative
731-5 fuel" and "conventional gasoline" have the meanings assigned those
731-6 terms by Section 382.131, Health and Safety Code.
731-7 Sec. 453.2515. PURCHASE AND PERCENT OF VEHICLES USING
731-8 ALTERNATIVE FUELS. (a) A transit department may not purchase or
731-9 lease a motor vehicle that is not capable of using [compressed
731-10 natural gas or another] alternative fuel [the use of which results
731-11 in comparably lower emissions of oxides of nitrogen, volatile
731-12 organic compounds, carbon monoxide, or particulates or combinations
731-13 of those materials].
731-14 (b) After August 31, 1996, at least 50 percent of the fleet
731-15 vehicles operated by a transit department must be capable of using
731-16 [compressed natural gas or another] alternative fuel.
731-17 (c) The Texas Natural Resource Conservation Commission,
731-18 before 1997, shall review the alternative fuel [fuels] use program
731-19 under this section. If the commission determines that the program
731-20 has been effective in reducing total annual emissions from motor
731-21 vehicles in the area, the transit department shall achieve a
731-22 percentage of fleet vehicles capable of using [compressed natural
731-23 gas or other] alternative fuel [fuels] of at least 90 percent of
731-24 the number of fleet vehicles operated after August 31, 1998.
732-1 Sec. 453.252. ALTERNATIVE FUEL [FUELS] USE PROGRAM:
732-2 EXCEPTIONS. (a) A transit department may make exceptions to the
732-3 requirements of Section 453.2515(a) [453.251(a)] if the transit
732-4 department certifies the facts described by Subsection (b).
732-5 (b) A certification under this section must state that:
732-6 (1) the transit department's vehicles will be
732-7 operating primarily in an area in which neither the transit
732-8 department nor a supplier has or can reasonably be expected to
732-9 establish a central refueling station for [compressed natural gas
732-10 or other] alternative fuel [fuels]; or
732-11 (2) the transit department is unable to acquire or be
732-12 provided equipment or refueling facilities necessary to operate
732-13 vehicles using [compressed natural gas or other] alternative fuel
732-14 [fuels] at a project cost that is reasonably expected to result in
732-15 no greater net cost than the continued use of conventional
732-16 [traditional] gasoline or diesel fuel measured over the expected
732-17 useful life of the equipment or facilities supplied.
732-18 Sec. 453.253. ALTERNATIVE FUEL [FUELS] EQUIPMENT AND
732-19 FACILITIES. (a) In addition to other methods authorized by law, a
732-20 transit department may acquire or be provided equipment or
732-21 refueling facilities by an arrangement, including a gift or a loan,
732-22 under a service contract for the supply of [compressed natural gas
732-23 or other] alternative fuel [fuels].
732-24 (b) If a transit department acquires or is provided
733-1 equipment or facilities as authorized by Subsection (a), the
733-2 supplier is entitled, under the supply contract, to recover the
733-3 cost of giving, loaning, or providing the equipment or facilities
733-4 through the fuel charges.
733-5 Sec. 453.254. ALTERNATIVE FUEL [FUELS] USE PROGRAM:
733-6 VEHICLES COVERED AND SAFETY. (a) In developing an [a compressed
733-7 natural gas or other] alternative fuel [fuels] use program, a
733-8 transit department should work with vehicle manufacturers and
733-9 converters, fuel distributors, and others to specify the vehicles
733-10 to be covered considering relevant factors, including vehicle
733-11 range, specialty vehicle uses, fuel availability, vehicle
733-12 manufacturing and conversion capability, safety, and resale value.
733-13 (b) The transit department may meet the percentage
733-14 requirements of Section 453.2515 [453.251] by:
733-15 (1) purchasing new vehicles; or
733-16 (2) converting existing vehicles, in conformity with
733-17 federal and state requirements and applicable safety laws, to
733-18 alternative fuel [fuels] use.
733-19 (c) In purchasing, leasing, maintaining, or converting a
733-20 vehicle for alternative fuel [fuels] use, the transit department
733-21 shall comply with all applicable safety standards adopted by the
733-22 United States Department of Transportation or the Railroad
733-23 Commission of Texas or their successor agencies.
733-24 Sec. 453.255. ALTERNATIVE FUEL [FUELS] USE PROGRAM:
734-1 REPORTS. (a) Not later than December 31 of each year, a transit
734-2 department shall file an annual report with the Texas Natural
734-3 Resource Conservation Commission showing:
734-4 (1) purchases, leases, and conversions of motor
734-5 vehicles;
734-6 (2) the amount of [compressed natural gas and other]
734-7 alternative fuel [fuels] used; and
734-8 (3) any other information required by the commission
734-9 relevant to the alternative fuel [fuels] use program.
734-10 (b) The commission may require reporting from a transit
734-11 department to document air quality benefits from an alternative
734-12 fuel [fuels] use program.
734-13 (b) Section 14, Chapter 11, Acts of the 74th Legislature,
734-14 Regular Session, 1995, is repealed.
734-15 SECTION 30.34. (a) Section 456.001, Transportation Code, is
734-16 amended to conform to Section 1, Chapter 644 (H.B. No. 2496), Acts
734-17 of the 74th Legislature, Regular Session, 1995, by amending
734-18 Subdivisions (2) and (12) and adding Subdivision (13) to read as
734-19 follows:
734-20 (2) "Designated recipient" means an entity that
734-21 receives money from the United States or this state for public
734-22 transportation through the department or the Federal Transit
734-23 Administration or the administration's successor and is a transit
734-24 authority, a municipality not included in a transit authority, a
735-1 local governmental body, or a nonprofit entity providing rural
735-2 public transportation service.
735-3 (12) "Urbanized area" means an area with a population
735-4 of more than 50,000 and less than 200,000 and so designated by the
735-5 United States Bureau of the Census [or by general state law].
735-6 (13) "Rural area" means an area with a population of
735-7 50,000 or less and so designated by the United States Bureau of the
735-8 Census.
735-9 (b) Section 456.002(b), Transportation Code, is amended to
735-10 conform to Section 3, Chapter 644 (H.B. No. 2496), Acts of the 74th
735-11 Legislature, Regular Session, 1995, to read as follows:
735-12 (b) Each public transportation program provided by this
735-13 chapter is a [matching] grant program for public transportation
735-14 projects. Approval by the United States of a proposed public
735-15 transportation project means that the project is consistent with
735-16 the purposes of this chapter and with the continuing, cooperative,
735-17 and comprehensive regional transportation planning implemented in
735-18 accordance with the Federal Transit Act and the Federal-Aid Highway
735-19 Act.
735-20 (c) Section 456.004, Transportation Code, is amended to
735-21 conform to Section 3, Chapter 644 (H.B. No. 2496), Acts of the 74th
735-22 Legislature, Regular Session, 1995, to read as follows:
735-23 Sec. 456.004. GENERAL FINANCING APPLICATION REQUIREMENTS.
735-24 An application for project financing under this chapter must be
736-1 certified and contain a statement by the applicant that[:]
736-2 [(1)] the proposed public transportation project is
736-3 consistent with the continuing, cooperative, and comprehensive
736-4 regional transportation planning implemented in accordance with the
736-5 Federal Transit Act and the Federal-Aid Highway Act[; and]
736-6 [(2) money is available to provide:]
736-7 [(A) 35 percent of the local share requirement,
736-8 if the project is a federally financed capital improvement or
736-9 planning project, or 50 percent of the local share requirement, if
736-10 the project is a federally financed project for operating expenses;
736-11 or]
736-12 [(B) 50 percent of the total cost of the public
736-13 transportation capital improvement project, if the project is not
736-14 described in Paragraph (A)].
736-15 (d) Section 456.006, Transportation Code, is amended to
736-16 conform to Section 3, Chapter 644 (H.B. No. 2496), Acts of the 74th
736-17 Legislature, Regular Session, 1995, to read as follows:
736-18 Sec. 456.006. USE OF FINANCING. (a) Except as provided by
736-19 Subsection (b), a [A] designated recipient may use money from the
736-20 formula or discretionary program to provide for capital
736-21 improvements, planning activities, and operating expenses.
736-22 (b) A municipality that has a population of more than
736-23 200,000 and that is not ineligible under Section 456.003 may use
736-24 money from the formula or discretionary program to provide:
737-1 (1) 65 percent of the local share requirement for a
737-2 federally financed capital improvement project;
737-3 (2) 50 percent of the local share requirement for a
737-4 federally financed project for operating expenses;
737-5 (3) 65 percent of the local share requirement for
737-6 federally financed planning activities; and
737-7 (4) 50 percent of the total cost of a public
737-8 transportation capital improvement project, if the designated
737-9 recipient certifies that money from the United States is
737-10 unavailable for the project and the commission determines that the
737-11 project is vitally important to the development of public
737-12 transportation in this state.
737-13 (e) Section 456.007, Transportation Code, is amended to
737-14 conform to Section 1(17), Chapter 1058 (H.B. No. 3050), Acts of the
737-15 74th Legislature, Regular Session, 1995, to read as follows:
737-16 Sec. 456.007. PUBLIC TRANSPORTATION ACCOUNT FUND;
737-17 Appropriations and Grants. (a) The public transportation account
737-18 fund is an account in the general revenue fund. A grant of money
737-19 to the state for public transportation purposes from a public or
737-20 private source shall be deposited to the credit of the public
737-21 transportation account fund. Money in the public transportation
737-22 account fund may be used only by the department to carry out the
737-23 responsibilities of the commission and the department for public
737-24 transportation under this chapter.
738-1 (b) The legislature may appropriate money for public
738-2 transportation purposes from the portion of the state highway fund
738-3 that is not dedicated by the constitution.
738-4 [(b) The state may receive a grant for public transportation
738-5 purposes from a public or private source.]
738-6 (f) Section 456.022, Transportation Code, is amended to
738-7 conform to Section 1, Chapter 644 (H.B. No. 2496), Acts of the 74th
738-8 Legislature, Regular Session, 1995, to read as follows:
738-9 Sec. 456.022. ALLOCATION BY CATEGORIES. Under the formula
738-10 program the commission shall allocate:
738-11 (1) 50 percent of the money:
738-12 (A) to urbanized areas [that have populations of
738-13 not less than 50,000 and] that are not served by a transit
738-14 authority; and
738-15 (B) to areas not served by a transit authority
738-16 but located in urbanized areas [that have populations of not less
738-17 than 50,000 and] that include one or more transit authorities; and
738-18 (2) 50 percent of the money:
738-19 (A) to urban areas [that have populations of
738-20 less than 50,000]; or
738-21 (B) to rural areas.
738-22 (g) Section 456.041(a), Transportation Code, is amended to
738-23 conform to Section 2, Chapter 644 (H.B. No. 2496), Acts of the 74th
738-24 Legislature, Regular Session, 1995, to read as follows:
739-1 (a) To participate in the discretionary program provided by
739-2 this subchapter, a designated recipient must submit to the
739-3 commission an application for project financing. The application
739-4 must contain:
739-5 (1) a description of the project, including an
739-6 estimate of the population that the project would benefit and the
739-7 anticipated completion date of the project;
739-8 (2) a statement of the estimated cost of the project,
739-9 including an estimate of the portion of the cost of the project
739-10 financed by the United States; and
739-11 (3) the certification required by Section
739-12 456.006(b)(4) [456.004].
739-13 (h) Sections 1-3, Chapter 644 (H.B. No. 2496), Acts of the
739-14 74th Legislature, Regular Session, 1995, are repealed.
739-15 SECTION 30.35. (a) Subtitle K, Title 6, Transportation
739-16 Code, is amended to codify Article 1118z-1, Revised Statutes, as
739-17 added by Section 1, Chapter 786 (S.B. No. 1388), Acts of the 74th
739-18 Legislature, Regular Session, 1995, and to conform to the changes
739-19 in law made by Chapter 655 (H.B. No. 1863), Acts of the 74th
739-20 Legislature, Regular Session, 1995, by adding Chapter 457 to read
739-21 as follows:
739-22 CHAPTER 457. COUNTY MASS TRANSIT AUTHORITY
739-23 SUBCHAPTER A. GENERAL PROVISIONS
739-24 Sec. 457.001. DEFINITIONS. In this chapter:
740-1 (1) "Authority" means a mass transit authority created
740-2 under this chapter or former Article 1118z-1, Revised Statutes.
740-3 (2) "Board" means the governing body of an authority.
740-4 (3) "Bond" includes a note.
740-5 (4) "Mass transit" means the transportation of
740-6 passengers and hand-carried packages or baggage of a passenger by
740-7 any means of surface, overhead, or underground transportation,
740-8 other than an aircraft or taxicab.
740-9 (5) "Principal municipality" means the municipality of
740-10 greatest population in a county to which this chapter applies.
740-11 (6) "Transit authority system" means:
740-12 (A) property owned or held by an authority for
740-13 mass transit purposes; and
740-14 (B) facilities necessary or convenient for:
740-15 (i) the use of or access to mass transit
740-16 by persons or vehicles; or
740-17 (ii) the protection or environmental
740-18 enhancement of mass transit.
740-19 (7) "Unit of election" means a municipality, including
740-20 the principal municipality, or the unincorporated area of a county.
740-21 Sec. 457.002. APPLICABILITY. This chapter applies only to a
740-22 county containing a municipality with a population of 500,000 or
740-23 more that has created a mass transit department under Chapter 453
740-24 or former Article 1118z, Revised Statutes.
741-1 (Sections 457.003-457.050 reserved for expansion
741-2 SUBCHAPTER B. CREATION AND ADMINISTRATION OF AUTHORITY
741-3 Sec. 457.051. CREATION OF AUTHORITY. (a) An authority is
741-4 created under this chapter if a resolution finding that the
741-5 creation of an authority would be in the public interest and a
741-6 benefit to persons residing in the county is adopted by:
741-7 (1) the county commissioners court;
741-8 (2) the governing body of the principal municipality;
741-9 and
741-10 (3) the governing body of at least one municipality
741-11 other than the principal municipality.
741-12 (b) An authority may not be created if the rate of the sales
741-13 and use tax charged by the city transit department of the principal
741-14 municipality, when added to an existing sales and use tax collected
741-15 in the county other than by the principal municipality, would
741-16 exceed the limit imposed by Section 457.302.
741-17 Sec. 457.052. BOARD OF AUTHORITY. (a) The board of an
741-18 authority consists of seven members. A member of the board serves
741-19 without compensation but is entitled to reimbursement for expenses
741-20 incurred in board service. The board shall elect one of its
741-21 members as presiding officer. The members are appointed as
741-22 follows:
741-23 (1) two members by the county commissioners court;
741-24 (2) four members by the governing body of the
742-1 principal municipality; and
742-2 (3) one member by the governing bodies of all
742-3 municipalities that adopt the resolution described by Section
742-4 457.051.
742-5 (b) A member of the board serves at the pleasure of the
742-6 appointing entity.
742-7 (c) The board shall administer and operate the authority.
742-8 (d) The board shall hold at least one regular meeting each
742-9 month for the purpose of transacting business of the authority.
742-10 (e) The presiding officer may call a special meeting of the
742-11 board.
742-12 Sec. 457.053. CONFIRMATION ELECTION. (a) If an authority
742-13 is created under Section 457.051, the board shall propose a service
742-14 plan and an initial tax rate for the authority. The initial tax
742-15 rate must be the same rate as that collected by the city transit
742-16 department created by the principal municipality.
742-17 (b) After proposing a service plan and an initial tax rate,
742-18 the board shall call an election in the county to approve the
742-19 creation of the authority and the tax rate. The election must be
742-20 held on a uniform election date but may not be held on the same day
742-21 as an election held by the county under Section 323.101, Tax Code.
742-22 The election is not held in the territory of the principal
742-23 municipality.
742-24 (c) Notice of the election must include a description of the
743-1 nature and rate of the proposed tax. The board shall send a copy
743-2 of the notice to the department and the comptroller.
743-3 (d) At the election, the ballots shall be printed to permit
743-4 voting for or against the following proposition: "The creation of
743-5 the (name of county) Transit Authority and the imposition of a
743-6 (rate of tax) percent sales and use tax in (name of county)
743-7 County."
743-8 (e) If a majority of the votes cast at the election approve
743-9 the proposition:
743-10 (1) the board shall record the result in its minutes
743-11 and adopt an order implementing the service plan; and
743-12 (2) on the day the sales and use tax takes effect in
743-13 the authority, the city transit department created by the principal
743-14 municipality under Chapter 453 or former Article 1118z, Revised
743-15 Statutes, is dissolved, and its assets, personnel, and obligations
743-16 are transferred to the authority.
743-17 (f) If less than a majority of the votes cast at the
743-18 election approve the proposition, the board shall adopt an order
743-19 dissolving the authority, and the city transit department of the
743-20 principal municipality is not affected.
743-21 (g) The jurisdiction of an authority is coextensive with the
743-22 territory of the county.
743-23 (h) The board shall file a certified copy of an order
743-24 adopted under Subsection (e)(1) or (f) with the department, with
744-1 the comptroller, and in the deed records of the county.
744-2 Sec. 457.054. CONFLICTS OF INTEREST: AUTHORITY EMPLOYEES.
744-3 An employee of an authority may not have a pecuniary interest in,
744-4 or receive a benefit from, an agreement to which the authority is a
744-5 party.
744-6 Sec. 457.055. TRANSFER OF RESOURCES BETWEEN MUNICIPALITY AND
744-7 AUTHORITY. (a) The governing body of a municipality may transfer
744-8 to an authority created under this chapter:
744-9 (1) property and employees of a division of the
744-10 municipality that before the creation of the authority was
744-11 responsible for municipal public transportation; and
744-12 (2) municipal funds that may be used for mass transit.
744-13 (b) The governing body may abolish or change the functions
744-14 of the municipal division formerly responsible for municipal public
744-15 transportation.
744-16 (c) If an authority is required to be dissolved under this
744-17 chapter, the board, on dissolution of the authority, shall transfer
744-18 to a municipality the funds, property, and employees that were
744-19 transferred to the authority under this section. The governing
744-20 body of the municipality may then re-create or change the duties of
744-21 any municipal division abolished or changed as a result of
744-22 transfers made under this section.
744-23 Sec. 457.056. INVESTMENTS. (a) A board may invest
744-24 authority funds in any obligation, security, or evidence of
745-1 indebtedness in which the principal municipality may invest
745-2 municipal funds.
745-3 (b) In making an investment of authority funds, a board
745-4 shall exercise the judgment and care, under the circumstances
745-5 prevailing at the time of making the investment, that persons of
745-6 ordinary prudence, discretion, and intelligence exercise in the
745-7 management of their own affairs in making a permanent and
745-8 nonspeculative disposition of their funds, considering the probable
745-9 income from the disposition and the probable safety of their
745-10 capital.
745-11 Sec. 457.057. DEPOSIT OF MONEY. (a) The board shall
745-12 designate one or more banks as depositories for authority funds.
745-13 All authority money, other than money invested as provided by
745-14 Section 457.056, shall be deposited in one or more of the
745-15 authority's depository banks.
745-16 (b) Funds in a depository, to the extent that those funds
745-17 are not insured by the Federal Deposit Insurance Corporation, shall
745-18 be secured in the manner provided by law for the security of county
745-19 funds.
745-20 Sec. 457.058. LIABILITY OF CREATING ENTITIES. The political
745-21 subdivisions that adopt a resolution under Section 457.051(a) are
745-22 liable for an expense the authority incurs before the date a sales
745-23 and use tax is approved for the authority under this chapter,
745-24 including the costs of holding the election.
746-1 (Sections 457.059-457.100 reserved for expansion
746-2 SUBCHAPTER C. POWERS OF AUTHORITY
746-3 Sec. 457.101. ACQUIRING AND DISPOSING OF PROPERTY. (a) An
746-4 authority may acquire, hold, use, sell, lease, or dispose of
746-5 property, including licenses, patents, rights, and other interests,
746-6 necessary, convenient, or useful for the full exercise of any of
746-7 its powers under this chapter.
746-8 (b) The authority may acquire property described in
746-9 Subsection (a) in any manner, including by gift or devise.
746-10 (c) An authority may dispose of, by sale, lease, or other
746-11 conveyance:
746-12 (1) any property of the authority not needed for the
746-13 efficient operation and maintenance of the transit authority
746-14 system; and
746-15 (2) any surplus property not needed for its
746-16 requirements or for the purpose of carrying out its powers under
746-17 this chapter.
746-18 (d) The lease of unneeded property under Subsection (c) must
746-19 be consistent with the efficient operation and maintenance of the
746-20 transit authority system.
746-21 Sec. 457.102. TRANSIT AUTHORITY SYSTEM. (a) An authority
746-22 may:
746-23 (1) acquire, construct, own, operate, and maintain a
746-24 transit authority system;
747-1 (2) use any public way; and
747-2 (3) construct, repair, and maintain a municipal
747-3 street, as authorized by the governing body of a municipality in
747-4 the authority.
747-5 (b) In the exercise of a power under Subsection (a), an
747-6 authority may relocate or reroute, or alter the construction of,
747-7 any public or private property, including:
747-8 (1) an alley, road, street, or railroad;
747-9 (2) an electric line and facility;
747-10 (3) a telegraph and telephone property and facility;
747-11 (4) a pipeline and facility; and
747-12 (5) a conduit and facility.
747-13 Sec. 457.103. FARES AND OTHER CHARGES. The board shall,
747-14 after a public hearing, impose reasonable and nondiscriminatory
747-15 fares, tolls, charges, rents, or other compensation for the use of
747-16 the transit authority system sufficient to produce revenue,
747-17 together with receipts from taxes imposed by the authority, in an
747-18 amount adequate to:
747-19 (1) pay all the expenses necessary to operate and
747-20 maintain the transit authority system;
747-21 (2) pay when due the principal of and interest on, and
747-22 sinking fund and reserve fund payments agreed to be made with
747-23 respect to, all bonds that are issued by the board and payable in
747-24 whole or part from the revenue; and
748-1 (3) fulfill the terms of any other agreement with the
748-2 holders of bonds described by Subdivision (2) or with a person
748-3 acting on behalf of the bondholders.
748-4 Sec. 457.104. AGREEMENT WITH UTILITIES AND CARRIERS. An
748-5 authority may agree with a public or private utility, communication
748-6 system, common carrier, or transportation system for:
748-7 (1) the joint use of the property of the agreeing
748-8 entities in the authority; or
748-9 (2) the establishment of through routes, joint fares,
748-10 or transfers of passengers.
748-11 Sec. 457.105. CONTRACTS; ACQUISITION OF PROPERTY BY
748-12 AGREEMENT. (a) An authority may contract with any person and may
748-13 accept a grant or loan from any person.
748-14 (b) An authority may acquire rolling stock or other property
748-15 under a contract or trust agreement, including a conditional sales
748-16 contract, lease, and equipment trust certificate.
748-17 Sec. 457.106. USE AND ACQUISITION OF PROPERTY OF OTHERS.
748-18 (a) An authority may not alter or damage any property of this
748-19 state or a political subdivision of this state or owned by a person
748-20 rendering public services and may not disrupt services being
748-21 provided by others or inconvenience in any other manner an owner of
748-22 property, without first having obtained:
748-23 (1) the written consent of the owner; or
748-24 (2) the right from the governing body of the
749-1 municipality to take the action under the municipality's power of
749-2 eminent domain.
749-3 (b) An authority may agree with an owner of property to
749-4 provide for:
749-5 (1) a necessary relocation or alteration of property
749-6 by the owner or a contractor chosen by the owner; and
749-7 (2) the reimbursement by the authority to the owner of
749-8 the costs incurred by the owner in making the relocation or
749-9 alteration.
749-10 (c) The authority shall pay the cost of any relocation,
749-11 rerouting, or other alteration in the construction made under this
749-12 chapter and is liable for any damage to property occurring because
749-13 of the change.
749-14 Sec. 457.107. ROUTES. An authority shall determine each
749-15 route, including route changes, as the board considers advisable.
749-16 Sec. 457.108. TORT LIABILITY AND GOVERNMENTAL IMMUNITY.
749-17 (a) An authority is a separate governmental unit for purposes of
749-18 Chapter 101, Civil Practice and Remedies Code, and operations of an
749-19 authority are essential governmental functions and not proprietary
749-20 functions for all purposes, including the purposes of that chapter.
749-21 (b) This chapter does not create or confer any governmental
749-22 immunity or limitation of liability on any entity that is not a
749-23 governmental unit, governmental entity or authority, or public
749-24 agency or a subdivision of one of those persons. In this
750-1 subsection, "governmental unit" has the meaning assigned by Section
750-2 101.001, Civil Practice and Remedies Code.
750-3 Sec. 457.109. TAX EXEMPTION. The assets of an authority are
750-4 exempt from any tax of the state or a state taxing authority.
750-5 (Sections 457.110-457.150 reserved for expansion
750-6 SUBCHAPTER D. SPECIAL TRANSPORTATION PROGRAMS
750-7 Sec. 457.151. TRANSPORTATION FOR JOBS PROGRAM PARTICIPANTS.
750-8 (a) An authority shall contract with the Texas Workforce
750-9 Commission to provide, in accordance with federal law,
750-10 transportation services to a person who:
750-11 (1) resides in the area served by the authority;
750-12 (2) is receiving financial assistance under Chapter
750-13 31, Human Resources Code; and
750-14 (3) is registered in the jobs opportunities and basic
750-15 skills training program under Part F, Subchapter IV, Social
750-16 Security Act, as amended (42 U.S.C. Section 682).
750-17 (b) The contract must include provisions to ensure that:
750-18 (1) the authority is required to provide
750-19 transportation services only to a location:
750-20 (A) to which the person travels in connection
750-21 with participation in the jobs opportunities and basic skills
750-22 training program; and
750-23 (B) that the authority serves under the
750-24 authority's authorized rate structure and existing services;
751-1 (2) the authority is to provide directly to the Texas
751-2 Workforce Commission trip vouchers for distribution by the
751-3 workforce commission to a person who is eligible under this section
751-4 to receive transportation services;
751-5 (3) the workforce commission reimburses the authority
751-6 for allowable costs, at the applicable federal matching rate; and
751-7 (4) the workforce commission may return undistributed
751-8 trip vouchers to the authority.
751-9 (c) An authority shall certify the amount of public funds
751-10 spent by the authority under this section for the purpose of
751-11 obtaining federal funds under the jobs opportunities and basic
751-12 skills training program.
751-13 Sec. 457.152. WAIVER OF FEDERAL REQUIREMENTS. If, before
751-14 implementing Section 457.151, the Texas Workforce Commission
751-15 determines that a waiver or authorization from a federal agency is
751-16 necessary for implementation, the workforce commission shall
751-17 request the waiver or authorization, and the workforce commission
751-18 and an authority may delay implementing Section 457.151 until the
751-19 waiver or authorization is granted.
751-20 (Sections 457.153-457.200 reserved for expansion
751-21 SUBCHAPTER E. ALTERNATIVE FUEL USE PROGRAM
751-22 Sec. 457.201. PURCHASE AND PERCENT OF VEHICLES USING
751-23 ALTERNATIVE FUEL. (a) An authority may not purchase or lease a
751-24 motor vehicle that is not capable of using compressed natural gas
752-1 or another alternative fuel the use of which results in comparably
752-2 lower emissions of oxides of nitrogen, volatile organic compounds,
752-3 carbon monoxide, or particulates or combinations of those
752-4 materials.
752-5 (b) After August 31, 1996, at least 50 percent of the fleet
752-6 vehicles operated by an authority must be capable of using
752-7 compressed natural gas or another alternative fuel.
752-8 (b-1) At least 30 percent of the fleet vehicles operated by
752-9 an authority must be capable of using compressed natural gas or
752-10 another alternative fuel. This subsection expires September 1,
752-11 1996.
752-12 (c) The Texas Natural Resource Conservation Commission,
752-13 before 1997, shall review the alternative fuel use program under
752-14 this section. If the commission determines that the program has
752-15 been effective in reducing total annual emissions from motor
752-16 vehicles in the area, the authority shall achieve a percentage of
752-17 fleet vehicles capable of using compressed natural gas or other
752-18 alternative fuel of at least 90 percent of the number of fleet
752-19 vehicles operated after August 31, 1998.
752-20 Sec. 457.202. ALTERNATIVE FUEL USE PROGRAM: EXCEPTIONS.
752-21 (a) An authority may make exceptions to the requirements of
752-22 Section 457.201 if the authority certifies the facts described by
752-23 Subsection (b).
752-24 (b) A certification under this section must state that:
753-1 (1) the authority's vehicles will be operating
753-2 primarily in an area in which neither the authority nor a supplier
753-3 has or can reasonably be expected to establish a central refueling
753-4 station for compressed natural gas or other alternative fuel; or
753-5 (2) the authority is unable to acquire or be provided
753-6 equipment or refueling facilities necessary to operate vehicles
753-7 using compressed natural gas or other alternative fuel at a project
753-8 cost that is reasonably expected to result in no greater net cost
753-9 than the continued use of traditional gasoline or diesel fuel
753-10 measured over the expected useful life of the equipment or
753-11 facilities supplied.
753-12 Sec. 457.203. ALTERNATIVE FUEL EQUIPMENT AND FACILITIES.
753-13 (a) In addition to other methods authorized by law, an authority
753-14 may acquire or be provided equipment or refueling facilities by an
753-15 arrangement, including a gift or a loan, under a service contract
753-16 for the supply of compressed natural gas or other alternative fuel.
753-17 (b) If an authority acquires or is provided equipment or
753-18 facilities as authorized by Subsection (a), the supplier is
753-19 entitled, under the supply contract, to recover the cost of giving,
753-20 loaning, or providing the equipment or facilities through the fuel
753-21 charges.
753-22 Sec. 457.204. ALTERNATIVE FUEL USE PROGRAM: VEHICLES
753-23 COVERED AND SAFETY. (a) In developing a compressed natural gas or
753-24 other alternative fuel use program, an authority should work with
754-1 vehicle manufacturers and converters, fuel distributors, and others
754-2 to specify the vehicles to be covered considering relevant factors,
754-3 including vehicle range, specialty vehicle uses, fuel availability,
754-4 vehicle manufacturing and conversion capability, safety, and resale
754-5 value.
754-6 (b) The authority may meet the percentage requirements of
754-7 Section 457.201 by:
754-8 (1) purchasing new vehicles; or
754-9 (2) converting existing vehicles, in conformity with
754-10 federal and state requirements and applicable safety laws, to
754-11 alternative fuel use.
754-12 (c) In purchasing, leasing, maintaining, or converting a
754-13 vehicle for alternative fuel use, the authority shall comply with
754-14 all applicable safety standards adopted by the United States
754-15 Department of Transportation or the Railroad Commission of Texas or
754-16 their successor agencies.
754-17 Sec. 457.205. ALTERNATIVE FUEL USE PROGRAM: REPORTS.
754-18 (a) Not later than December 31 of each year, an authority shall
754-19 file an annual report with the Texas Natural Resource Conservation
754-20 Commission showing:
754-21 (1) purchases, leases, and conversions of motor
754-22 vehicles;
754-23 (2) the amount of compressed natural gas and other
754-24 alternative fuel used; and
755-1 (3) any other information required by the commission
755-2 relevant to the alternative fuel use program.
755-3 (b) The commission may require reporting from an authority
755-4 to document air quality benefits from an alternative fuel use
755-5 program.
755-6 (Sections 457.206-457.250 reserved for expansion
755-7 SUBCHAPTER F. BONDS
755-8 Sec. 457.251. POWER TO ISSUE BONDS. (a) An authority may
755-9 issue revenue bonds at any time and for any amounts it considers
755-10 necessary or appropriate for:
755-11 (1) the acquisition, construction, repair, equipping,
755-12 improvement, or extension of its transit system; or
755-13 (2) the construction or general maintenance of streets
755-14 of the creating municipality.
755-15 (b) Bonds payable solely from revenues may be issued by
755-16 resolution of the board.
755-17 (c) Bonds, other than refunding bonds, any portion of which
755-18 is payable from tax revenue may not be issued until authorized by a
755-19 majority vote of the voters of the authority voting in an election.
755-20 Sec. 457.252. BOND TERMS. (a) An authority's bonds are
755-21 fully negotiable.
755-22 (b) The authority may make the bonds redeemable before
755-23 maturity at the price and subject to the terms that are provided in
755-24 the resolution authorizing the bonds.
756-1 (c) A revenue bond indenture may limit a power of the
756-2 authority provided by this chapter as long as the bond containing
756-3 the indenture is outstanding and unpaid.
756-4 Sec. 457.253. SALE. Bonds may be sold at a public or
756-5 private sale as determined by the board.
756-6 Sec. 457.254. APPROVAL; REGISTRATION. (a) An authority's
756-7 bonds and the records relating to their issuance shall be submitted
756-8 to the attorney general for examination before the bonds may be
756-9 delivered.
756-10 (b) If the attorney general finds that the bonds have been
756-11 issued in conformity with the constitution and this chapter and
756-12 that the bonds will be a binding obligation of the issuing
756-13 authority, the attorney general shall approve the bonds.
756-14 (c) After the bonds are approved by the attorney general,
756-15 the comptroller shall register the bonds.
756-16 Sec. 457.255. INCONTESTABILITY. Bonds are incontestable
756-17 after they are:
756-18 (1) approved by the attorney general;
756-19 (2) registered by the comptroller; and
756-20 (3) sold and delivered to the purchaser.
756-21 Sec. 457.256. SECURITY PLEDGED. (a) To secure the payment
756-22 of an authority's bonds, the authority may:
756-23 (1) pledge all or part of revenue received from any
756-24 tax that the authority may impose;
757-1 (2) pledge all or part of the revenue of the transit
757-2 authority system; and
757-3 (3) mortgage all or part of the transit authority
757-4 system, including any part of the system subsequently acquired.
757-5 (b) Under Subsection (a)(3), the authority may, subject to
757-6 the terms of the bond indenture or resolution authorizing the
757-7 issuance of the bonds, encumber a separate item of the transit
757-8 authority system and acquire, use, hold, or contract for any
757-9 property by lease, chattel mortgage, or other conditional sale,
757-10 including an equipment trust transaction.
757-11 Sec. 457.257. PLEDGE OF REVENUE LIMITED. The expenses of
757-12 operation and maintenance of a transit authority system, including
757-13 salaries, labor, materials, and repairs necessary to provide
757-14 efficient service and every other proper item of expense, are a
757-15 first lien and charge against any revenue of an authority that is
757-16 encumbered under this chapter.
757-17 Sec. 457.258. REFUNDING BONDS. An authority may issue
757-18 refunding bonds for the purposes and in the manner authorized by
757-19 Chapter 503, Acts of the 54th Legislature, 1955 (Article 717k,
757-20 Vernon's Texas Civil Statutes), Chapter 784, Acts of the 61st
757-21 Legislature, Regular Session, 1969 (Article 717k-3, Vernon's Texas
757-22 Civil Statutes), or other law.
757-23 Sec. 457.259. BONDS AS AUTHORIZED INVESTMENTS. (a) An
757-24 authority's bonds are authorized investments for:
758-1 (1) a bank;
758-2 (2) a trust company;
758-3 (3) a savings and loan association; and
758-4 (4) an insurance company.
758-5 (b) The bonds, when accompanied by all appurtenant,
758-6 unmatured coupons and to the extent of the lesser of their face
758-7 value or market value, are eligible to secure the deposit of public
758-8 funds of this state, a political subdivision of this state, and any
758-9 other political corporation of this state.
758-10 Sec. 457.260. INTEREST EXEMPTION. Interest on bonds issued
758-11 by an authority is exempt from any tax of the state or a state
758-12 taxing authority.
758-13 (Sections 457.261-457.300 reserved for expansion
758-14 SUBCHAPTER G. TAXES
758-15 Sec. 457.301. SALES AND USE TAX. (a) The board may impose
758-16 for the authority a sales and use tax at a permissible rate that
758-17 does not exceed the rate approved by the voters at an election
758-18 under this chapter.
758-19 (b) The board by order may:
758-20 (1) decrease the rate of the sales and use tax for the
758-21 authority to a permissible rate; or
758-22 (2) call an election for the increase or decrease of
758-23 the sales and use tax to a permissible rate.
758-24 (c) The permissible rates for a sales and use tax imposed
759-1 under this chapter are:
759-2 (1) one-quarter of one percent; and
759-3 (2) one-half of one percent.
759-4 (d) Chapter 322, Tax Code, applies to an authority's sales
759-5 and use tax.
759-6 Sec. 457.302. MAXIMUM TAX RATE. (a) A board may not adopt
759-7 a sales and use tax rate, including a rate increase, that when
759-8 combined with the rates of all sales and use taxes imposed by all
759-9 political subdivisions of this state having territory in the county
759-10 exceeds two percent in any location in the county.
759-11 (b) An election by an authority to approve a sales and use
759-12 tax or increase the rate of the authority's sales and use tax has
759-13 no effect if:
759-14 (1) the voters of the authority approve the
759-15 authority's sales and use tax rate or rate increase at an election
759-16 held on the same day on which the municipality or county having
759-17 territory in the jurisdiction of the authority adopts a sales and
759-18 use tax or an additional sales and use tax; and
759-19 (2) the combined rates of all sales and use taxes
759-20 imposed by the authority and all political subdivisions of this
759-21 state would exceed two percent in any part of the territory in the
759-22 jurisdiction of the authority.
759-23 Sec. 457.303. ELECTION TO CHANGE TAX RATE. (a) At an
759-24 election ordered under Section 457.301(b)(2), the ballots shall be
760-1 printed to permit voting for or against the proposition: "The
760-2 increase (decrease) of the local sales and use tax rate of (name of
760-3 authority) to (percentage)."
760-4 (b) The increase or decrease in the tax rate becomes
760-5 effective only if it is approved by a majority of the votes cast.
760-6 (c) A notice of the election and a certified copy of the
760-7 order canvassing the election results shall be:
760-8 (1) sent to the department and the comptroller; and
760-9 (2) filed in the deed records of the county.
760-10 Sec. 457.304. SALES TAX: EFFECTIVE DATES. (a) An
760-11 authority's sales and use tax takes effect on the first day of the
760-12 second calendar quarter that begins after the date the comptroller
760-13 receives a copy of the order required to be sent under Section
760-14 457.053(h).
760-15 (b) An increase or decrease in the rate of an authority's
760-16 sales and use tax takes effect on:
760-17 (1) the first day of the first calendar quarter that
760-18 begins after the date the comptroller receives the notice provided
760-19 under Section 457.303(c); or
760-20 (2) the first day of the second calendar quarter that
760-21 begins after the date the comptroller receives the notice, if
760-22 within 10 days after the date of receipt of the notice the
760-23 comptroller gives written notice to the presiding officer of the
760-24 board that the comptroller requires more time to implement tax
761-1 collection and reporting procedures.
761-2 (Sections 457.305-457.350 reserved for expansion
761-3 SUBCHAPTER H. DISSOLUTION OF AUTHORITY; WITHDRAWAL
761-4 OF UNIT OF ELECTION
761-5 Sec. 457.351. ELECTION TO DISSOLVE AUTHORITY. (a) A board
761-6 may order an election on the question of dissolving the authority.
761-7 (b) The board shall dissolve the authority if the
761-8 dissolution is approved by a majority of the votes cast.
761-9 (c) The provisions of Section 457.053 that relate to the
761-10 notice and conduct of an election under that section apply to an
761-11 election to dissolve an authority unless a different requirement is
761-12 specified in this section.
761-13 (d) The board shall send a notice of the election to the
761-14 department and the comptroller.
761-15 (e) At the election, the ballots shall be printed to permit
761-16 voting for or against the proposition: "Dissolution of (name of
761-17 authority)."
761-18 (f) The board shall send a certified copy of the order
761-19 canvassing the election results to the department and the
761-20 comptroller and file a copy in the deed records of the county.
761-21 (g) The repeal of an authority's sales and use tax under
761-22 this chapter takes effect on:
761-23 (1) the first day of the first calendar quarter that
761-24 begins after the date the comptroller receives the notice of the
762-1 dissolution of the authority; or
762-2 (2) the first day of the second calendar quarter that
762-3 begins after the date the comptroller receives the notice, if
762-4 within 10 days after the date of receipt of the notice the
762-5 comptroller gives written notice to the presiding officer of the
762-6 board that the comptroller requires more time to implement the
762-7 repeal of the tax.
762-8 Sec. 457.352. WITHDRAWAL FROM AUTHORITY. (a) The governing
762-9 body of a unit of election may order an election to withdraw the
762-10 unit from an authority.
762-11 (b) On the determination by a governing body of a unit of
762-12 election that a petition for withdrawal under this chapter is
762-13 valid, the governing body shall order an election to withdraw the
762-14 unit of election from the authority.
762-15 (c) An election to withdraw may not be ordered, and a
762-16 petition for an election to withdraw may not be accepted for
762-17 filing, more frequently than once during each period of 12 months
762-18 preceding the anniversary of the date of the election confirming
762-19 the authority.
762-20 Sec. 457.353. PETITION FOR WITHDRAWAL. (a) At the request
762-21 of a qualified voter of a unit of election in an authority, the
762-22 municipal secretary or other clerk or administrator of the unit of
762-23 election shall deliver to the voter, in the number requested,
762-24 petition signature sheets for a petition to withdraw from the
763-1 authority prepared, numbered, and authenticated by the municipal
763-2 secretary or other official. During the period when signatures on
763-3 the petition may be obtained, the official shall authenticate and
763-4 deliver additional petition signature sheets as requested by the
763-5 voter. Only one petition for withdrawal may be in circulation at a
763-6 time.
763-7 (b) Each sheet of a petition must have a heading in capital
763-8 letters as follows:
763-9 "THIS PETITION IS TO REQUIRE AN ELECTION TO BE HELD IN (name
763-10 of the unit of election) TO DISSOLVE (name of authority) IN
763-11 (name of the unit of election) SUBJECT TO THE CONTINUED
763-12 COLLECTION OF SALES TAXES FOR THE PERIOD REQUIRED BY LAW."
763-13 (c) In addition to the requirements of Section 277.002,
763-14 Election Code, to be valid a petition must:
763-15 (1) be signed on authenticated petition sheets by not
763-16 less than 10 percent of the number of registered voters of the unit
763-17 of election as shown on the voter registration list of the county;
763-18 (2) be filed with the secretary, clerk, or
763-19 administrator of the unit of election not later than the 60th day
763-20 after the date the first sheet of the petition was received under
763-21 Subsection (a);
763-22 (3) contain signatures that are signed in ink or
763-23 indelible pencil by the voter; and
763-24 (4) have affixed or printed on each sheet an affidavit
764-1 that is executed before a notary public by the person who
764-2 circulated the sheet and that is in the following form and
764-3 substance:
764-4 "STATE OF TEXAS
764-5 "COUNTY OF _______________
764-6 "I, ____________________, affirm that I personally
764-7 witnessed each signer affix his or her signature to this page
764-8 of this petition for the dissolution of (name of authority)
764-9 in (name of unit of election). I affirm to the best of my
764-10 knowledge and belief that each signature is the genuine
764-11 signature of the person whose name is signed and that the
764-12 date entered next to each signature is the date the signature
764-13 was affixed to this page.
764-14 _______________________
764-15 "Sworn to and subscribed before me this the ____ day of
764-16 ___, ____.
764-17 (SEAL) _______________________________
764-18 Notary Public, State of Texas"
764-19 (d) Each sheet of the petition must be filed under
764-20 Subsection (c)(2) at the same time as a single filing.
764-21 (e) The secretary, clerk, or administrator of a unit of
764-22 election in which a petition for withdrawal from an authority is
764-23 filed shall examine the petition and file with the governing body
764-24 of the unit a report stating whether the petition, in the opinion
765-1 of the secretary, clerk, or administrator, is valid.
765-2 (f) On receipt of a petition and a report under Subsection
765-3 (e), the governing body shall examine the petition to determine
765-4 whether the petition is valid. The governing body may hold public
765-5 hearings and conduct or order investigations as appropriate to make
765-6 the determination. The governing body's determination is
765-7 conclusive of the issues.
765-8 (g) The governing body of a unit of election that receives
765-9 an invalid petition shall reject the petition.
765-10 (h) A petition that is rejected is void, and the petition
765-11 and each sheet of the rejected petition may not be used in
765-12 connection with a subsequent petition.
765-13 Sec. 457.354. WITHDRAWAL ELECTION. (a) An election to
765-14 withdraw from an authority must be held on the first applicable
765-15 uniform election date occurring after the expiration of 12 calendar
765-16 months after the date the governing body orders the election.
765-17 (b) The governing body shall give notice of the election to
765-18 the board, the department, and the comptroller immediately on
765-19 calling the election.
765-20 (c) At the election, the ballots shall be printed to permit
765-21 voting for or against the proposition: "Shall the (name of
765-22 authority) be continued in (name of unit of election)?"
765-23 (d) If a majority of the votes received on the measure in an
765-24 election favor the proposition, the authority continues in the unit
766-1 of election.
766-2 (e) If less than a majority of the votes received on the
766-3 measure in the election favor the proposition, the authority ceases
766-4 in the unit of election on the day after the date of the canvass of
766-5 the election.
766-6 (f) On the effective date of a withdrawal from an authority:
766-7 (1) the authority shall cease providing transportation
766-8 services in the withdrawn unit of election; and
766-9 (2) the financial obligations of the authority
766-10 attributable to the withdrawn unit of election cease to accrue.
766-11 (g) Withdrawal from an authority does not affect the right
766-12 of the authority to travel through the territory of the unit of
766-13 election to provide service to a unit of election that is a part of
766-14 the authority.
766-15 Sec. 457.355. PROCEDURE AFTER WITHDRAWAL ELECTION. (a)
766-16 Until the amount of revenue from an authority's sales and use tax
766-17 collected in a withdrawn unit of election after the effective date
766-18 of withdrawal and paid to the authority equals the total financial
766-19 obligation of the unit, the sales and use tax continues to be
766-20 collected in the territory of the election unit.
766-21 (b) After the amount described by Subsection (a) has been
766-22 collected, the comptroller shall discontinue collecting the tax in
766-23 the territory of the unit of election.
766-24 (c) The total financial obligation of a withdrawn unit of
767-1 election to the authority is an amount equal to:
767-2 (1) the unit's apportioned share of the authority's
767-3 outstanding obligations; and
767-4 (2) the amount, not computed under Subdivision (1),
767-5 that is necessary and appropriate to allocate to the unit because
767-6 of financial obligations of the authority that specifically relate
767-7 to the unit.
767-8 (d) An authority's outstanding obligation under Subsection
767-9 (c)(1) is the sum of:
767-10 (1) the obligations of the authority authorized in the
767-11 budget of, and contracted for by, the authority;
767-12 (2) outstanding contractual obligations for capital or
767-13 other expenditures, including expenditures for a subsequent year,
767-14 the payment of which is not made or provided for from the proceeds
767-15 of notes, bonds, or other obligations;
767-16 (3) payments due or to become due in a subsequent year
767-17 on notes, bonds, or other securities or obligations for debt issued
767-18 by the authority;
767-19 (4) the amount required by the authority to be
767-20 reserved for all years to comply with financial covenants made with
767-21 lenders, note or bond holders, or other creditors or contractors;
767-22 and
767-23 (5) the amount necessary for the full and timely
767-24 payment of the obligations of the authority, to avoid a default or
768-1 impairment of those obligations, including contingent liabilities.
768-2 (e) The apportioned share of a unit's obligation is the
768-3 amount of the obligation times a fraction, the numerator of which
768-4 is the number of inhabitants of the withdrawing unit of election
768-5 and the denominator of which is the number of inhabitants of the
768-6 authority, including the number of inhabitants of the unit.
768-7 (f) The board shall determine the amount of each component
768-8 of the computations required under this section, including the
768-9 components of the unit's apportioned share, as of the effective
768-10 date of withdrawal. The number of inhabitants shall be determined
768-11 according to the most recent and available applicable data of an
768-12 agency of the United States.
768-13 (g) The board shall certify to a withdrawn unit of election
768-14 and to the comptroller the total financial obligation of the unit
768-15 to the authority as determined under this section.
768-16 (b) Article 1118z-1, Revised Statutes, as added by Section
768-17 1, Chapter 786 (S.B. No. 1388), Acts of the 74th Legislature,
768-18 Regular Session, 1995, is repealed.
768-19 (c) A confirmation election may not be held under Chapter
768-20 457, Transportation Code, as added by this section, before
768-21 September 1, 1997.
768-22 SECTION 30.36. (a) Subtitle K, Title 6, Transportation
768-23 Code, is amended to codify Chapter 645 (H.B. No. 2588), Acts of the
768-24 74th Legislature, Regular Session, 1995 (Article 6663c-1, Vernon's
769-1 Texas Civil Statutes), by adding Chapter 458 to read as follows:
769-2 CHAPTER 458. RURAL AND URBAN TRANSIT DISTRICTS
769-3 Sec. 458.001. DEFINITIONS. In this chapter:
769-4 (1) "Public transportation" means mass transportation
769-5 of passengers and their hand-carried packages or baggage on a
769-6 regular and continuing basis by means of surface, fixed guideway,
769-7 or underground transportation or transit, other than aircraft,
769-8 taxicab, ambulance, or emergency vehicle.
769-9 (2) "Rural public transportation provider" means:
769-10 (A) a nonprofit entity, local governmental body
769-11 created under Chapter 791, Government Code, or political
769-12 subdivision of this state, which on August 31, 1995, provided rural
769-13 public transportation services and received state or federal public
769-14 transportation money through the department, the Federal Transit
769-15 Administration, or the administration's successor; or
769-16 (B) a nonprofit entity, local governmental body
769-17 created under Chapter 791, Government Code, or political
769-18 subdivision of this state, which after September 1, 1995, provides
769-19 rural public transportation services and receives state or federal
769-20 public transportation money through the department, the Federal
769-21 Transit Administration, or the administration's successor.
769-22 (3) "Rural transit district" means a political
769-23 subdivision of this state that provides and coordinates rural
769-24 public transportation in its territory. The term includes a rural
770-1 public transportation provider within the meaning of Chapter 456
770-2 that on August 31, 1995, received public transportation money
770-3 through the department.
770-4 (4) "Urban transit district" means a local
770-5 governmental body or political subdivision of this state that
770-6 operates a public transportation system in an urbanized area with a
770-7 population of more than 50,000 but less than 200,000. The term
770-8 includes a small urban transportation provider under Chapter 456
770-9 that on September 1, 1994, received public transportation money
770-10 through the department.
770-11 Sec. 458.002. CONTRACTS WITH DEPARTMENT FOR PROVISION OF
770-12 RURAL PUBLIC TRANSPORTATION SERVICES. A public transportation
770-13 provider may contract with the department to provide rural public
770-14 transportation services only if the provider becomes a rural
770-15 transit district in compliance with this chapter.
770-16 Sec. 458.003. RURAL PUBLIC TRANSPORTATION CONFERENCE. (a)
770-17 The commissioners court of a county in which no provider on August
770-18 31, 1995, was receiving public transportation funds through the
770-19 department must convene a rural public transportation conference
770-20 before creating a rural transit district.
770-21 (b) If the commissioners courts of two or more adjacent
770-22 counties that are not served by a rural transit district determine
770-23 that the need for public transportation services extends across the
770-24 boundaries of the counties, those courts may convene a multicounty
771-1 rural public transportation conference.
771-2 (c) Written notice of a conference shall be given to the
771-3 public and to the governing body of each municipality in each
771-4 county before the 30th day before the conference is convened.
771-5 (d) A conference must evaluate whether a rural transit
771-6 district to provide public transportation services in the area
771-7 should be created. The conference must consider whether existing
771-8 rural transit districts have the capacity to provide public
771-9 transportation service in that area.
771-10 Sec. 458.004. ATTENDANCE AT CONFERENCE. (a) An elected
771-11 representative selected by the governing body of each municipality
771-12 in each affected county and the commissioners court of each
771-13 affected county shall attend a rural public transportation
771-14 conference.
771-15 (b) Representatives attending the conference shall elect a
771-16 presiding officer from the representatives.
771-17 Sec. 458.005. PUBLIC HEARING ON CREATION OF RURAL
771-18 TRANSPORTATION DISTRICT; NOTICE. (a) If a conference finds it
771-19 advisable to create a new rural transit district, the conference
771-20 shall set a public hearing on the creation of the district.
771-21 (b) Before the public hearing is convened, the conference
771-22 shall:
771-23 (1) identify each county that will be included in the
771-24 territory of the proposed rural transit district; and
772-1 (2) advise each component county and municipality in
772-2 the proposed territory.
772-3 (c) Notice of the public hearing shall be published once a
772-4 week for two consecutive weeks in at least one newspaper of general
772-5 circulation in the territory of the proposed district. The notice
772-6 must include:
772-7 (1) the time and place of the hearing; and
772-8 (2) a description of and a map showing the boundaries
772-9 of the proposed district.
772-10 (d) At the hearing, any interested person may appear and be
772-11 heard on any matter relating to the effect of the formation of the
772-12 proposed rural transit district.
772-13 (e) After the hearing is concluded, the conference may by
772-14 resolution create and establish the boundaries of a rural transit
772-15 district if the conference determines that:
772-16 (1) the creation of the rural transit district will
772-17 serve the general public and be conducive to the welfare and
772-18 benefit of persons and property in the district; and
772-19 (2) the general public cannot be better served by an
772-20 existing rural transit district.
772-21 (f) A nonurbanized area of a county may not be excluded from
772-22 the district.
772-23 Sec. 458.006. GOVERNING BODY OF RURAL TRANSIT DISTRICT. (a)
772-24 Not later than the 60th day after the date the boundaries of a
773-1 rural transit district are established, the commissioners court of
773-2 each county and one elected representative from the governing body
773-3 of each municipality in the territory of the district shall provide
773-4 for the selection of the governing body of the district.
773-5 (b) The governing body of the district consists of elected
773-6 officers who are selected by and serve at the pleasure of the
773-7 governing bodies of the component municipalities in the district
773-8 and the commissioners court of each county in the district.
773-9 (c) The number of members of the governing body of a
773-10 single-county rural transit district may not exceed nine. The
773-11 number of members of the governing body of a multicounty district
773-12 may not exceed 15, except that each member county is entitled to at
773-13 least one representative on the governing body.
773-14 Sec. 458.007. UNSERVED RURAL AREAS MAY JOIN RURAL TRANSIT
773-15 DISTRICT. An unserved rural area may join an existing rural
773-16 transit district on the adoption of a resolution by the
773-17 commissioners court of the county to that effect.
773-18 Sec. 458.008. MERGER OF RURAL TRANSIT DISTRICTS. (a) Two
773-19 or more rural transit districts may merge into a new rural transit
773-20 district. The territory of the new district must include all the
773-21 territory of each merged district.
773-22 (b) The merger is made when the governing board of each
773-23 district by resolution adopts an interlocal agreement that
773-24 specifies:
774-1 (1) the boundaries of each district to be merged and
774-2 of the new district;
774-3 (2) the terms of the merger; and
774-4 (3) a schedule for execution of the merger.
774-5 Sec. 458.009. URBAN TRANSIT DISTRICTS. (a) A public
774-6 transportation provider that on September 1, 1994, was not
774-7 receiving public transportation money through the department may
774-8 contract with the department to provide small urban public
774-9 transportation services and receive state or federal public
774-10 transportation money through the department, the Federal Transit
774-11 Administration, or the administration's successor only if the
774-12 provider becomes an urban transit district as provided by this
774-13 section.
774-14 (b) The public transportation provider must be:
774-15 (1) a local governmental body created under Chapter
774-16 791, Government Code; or
774-17 (2) a political subdivision of this state.
774-18 (c) The governing body of the provider may by resolution
774-19 create a small urban transit district to serve the general public.
774-20 Sec. 458.010. GENERAL POWERS OF RURAL TRANSIT DISTRICTS.
774-21 (a) In addition to a power expressly granted by this chapter, a
774-22 rural transit district has any power necessary to carry out a
774-23 purpose of the district.
774-24 (b) A rural transit district may contract with the United
775-1 States, a state or state agency, another rural transit district, an
775-2 urban transit district, a metropolitan or regional transit
775-3 authority, a county, a municipality, a metropolitan municipal
775-4 corporation, a special district, a governmental agency in or
775-5 outside this state, or any private person, firm, or corporation:
775-6 (1) to receive a gift or grant or secure a loan or
775-7 advance for a preliminary planning and feasibility study; or
775-8 (2) for the design, construction, or operation of a
775-9 transportation facility, including an intermodal transportation
775-10 facility.
775-11 Sec. 458.011. ADDITIONAL POWERS OF RURAL OR URBAN TRANSIT
775-12 DISTRICT. A rural or urban transit district may contract with any
775-13 governmental agency or private person, firm, or corporation for:
775-14 (1) the use by either party to the contract of all or
775-15 any part of a facility, structure, interest in land, air right over
775-16 land, or right-of-way that is owned, leased, or held by the other
775-17 party; or
775-18 (2) the purpose of planning, constructing, or
775-19 operating a facility or performing a service that the rural transit
775-20 district is authorized to operate or perform.
775-21 Sec. 458.012. OPERATION OF LOCAL PUBLIC PASSENGER
775-22 TRANSPORTATION IN RURAL TRANSIT DISTRICT PROHIBITED. (a) From the
775-23 effective date a rural transit district begins providing a public
775-24 transportation service, another person or private corporation may
776-1 not operate a local public passenger transportation service in the
776-2 rural transit district, except as provided by Subsection (b).
776-3 (b) Subsection (a) does not apply to:
776-4 (1) the operation of:
776-5 (A) a taxicab; or
776-6 (B) a bus owned or operated by a corporation or
776-7 organization exclusively for a purpose of the corporation or
776-8 organization and for the use of which a fee or fare is not charged;
776-9 (2) an intercity passenger rail service;
776-10 (3) an intercity bus carrier; or
776-11 (4) a rural public transportation provider operating
776-12 under an agreement entered into under this chapter that provides
776-13 local public passenger transportation service.
776-14 (b) Chapter 645 (H.B. No. 2588), Acts of the 74th
776-15 Legislature, Regular Session, 1995 (Article 6663c-1, Vernon's Texas
776-16 Civil Statutes), is repealed.
776-17 SECTION 30.37. (a) Subchapter B, Chapter 501,
776-18 Transportation Code, is amended to conform to Section 5, Chapter
776-19 1015 (S.B. No. 1445), Acts of the 74th Legislature, Regular
776-20 Session, 1995, by adding Section 501.0234 to read as follows:
776-21 Sec. 501.0234. DUTY OF VEHICLE DEALER ON SALE OF CERTAIN
776-22 VEHICLES. (a) A person who sells at the first or a subsequent
776-23 sale a motor vehicle and who holds a general distinguishing number
776-24 issued under Chapter 503 or the Texas Motor Vehicle Commission Code
777-1 (Article 4413(36), Vernon's Texas Civil Statutes) shall:
777-2 (1) in the time and manner provided by law, apply, in
777-3 the name of the purchaser of the vehicle, for the registration of
777-4 the vehicle and a certificate of title for the vehicle and file
777-5 with the appropriate designated agent each document necessary to
777-6 transfer title to and register the vehicle; and at the same time
777-7 (2) remit any required motor vehicle sales tax.
777-8 (b) This section does not apply to a vehicle:
777-9 (1) that has been declared a total loss by an
777-10 insurance company in the settlement or adjustment of a claim; or
777-11 (2) for which the certificate of title has been
777-12 surrendered in exchange for:
777-13 (A) a salvage certificate of title issued under
777-14 this chapter;
777-15 (B) a nonrepairable motor vehicle certificate of
777-16 title issued under this chapter;
777-17 (C) a certificate of authority issued under
777-18 Subchapter D, Chapter 683; or
777-19 (D) an ownership document issued by another
777-20 state that is comparable to a document described by Paragraphs
777-21 (A)-(C).
777-22 (c) Each duty imposed by this section on the seller of a
777-23 motor vehicle is solely that of the seller.
777-24 (b) Section 5, Chapter 1015 (S.B. No. 1445), Acts of the
778-1 74th Legislature, Regular Session, 1995, is repealed.
778-2 SECTION 30.38. (a) Subchapter B, Chapter 501,
778-3 Transportation Code, is amended to conform to Section 8.05, Chapter
778-4 655 (H.B. No. 1863), Acts of the 74th Legislature, Regular Session,
778-5 1995, by adding Section 501.0235 to read as follows:
778-6 Sec. 501.0235. SOCIAL SECURITY NUMBER OF TITLE APPLICANT:
778-7 AUTOMATED REGISTRATION AND TITLE SYSTEM. (a) The department shall
778-8 require an applicant for a certificate of title to provide the
778-9 applicant's social security number to the department.
778-10 (b) The department or the county shall enter the applicant's
778-11 social security number in the department's electronic database but
778-12 may not print that number on the certificate of title.
778-13 (c) This section applies only in a county in which the
778-14 department's automated registration and title system has been
778-15 implemented.
778-16 (b) Section 8.05, Chapter 655 (H.B. No. 1863), Acts of the
778-17 74th Legislature, Regular Session, 1995, is repealed.
778-18 SECTION 30.39. (a) Section 501.031, Transportation Code, is
778-19 amended to conform to Sections 1 and 2, Chapter 540 (S.B. No.
778-20 1435), Acts of the 74th Legislature, Regular Session, 1995, to read
778-21 as follows:
778-22 Sec. 501.031. RIGHTS OF SURVIVORSHIP AGREEMENT. (a) The
778-23 department shall include on each certificate of title a rights of
778-24 survivorship agreement form. The form must:
779-1 (1) provide that if the agreement is signed by a
779-2 husband and wife jointly with the interest of either spouse who
779-3 dies to survive to the surviving spouse; and
779-4 (2) provide blanks for the signatures of the husband
779-5 and wife.
779-6 (b) If the vehicle is registered in the name of the husband,
779-7 the wife, or both, and if the rights of survivorship agreement is
779-8 signed by both the husband and the wife:
779-9 (1) ownership of the vehicle may be transferred only
779-10 by both spouses acting jointly, if both spouses are alive; and
779-11 (2) on the death of one of the spouses:
779-12 (A) ownership of the vehicle may be transferred
779-13 by the surviving spouse by transferring the certificate of title,
779-14 in the manner otherwise required by law for transfer of ownership
779-15 of the vehicle, with a copy of the death certificate of the
779-16 deceased spouse attached to the certificate of title; and
779-17 (B) the department shall issue a new certificate
779-18 of title in the name of the surviving spouse or the surviving
779-19 spouse's transferee on presentation of a copy of the certificate of
779-20 title with the death certificate of the deceased spouse attached
779-21 without requiring additional evidence of the spouse's death.
779-22 (c) A rights of survivorship agreement under this section
779-23 may be revoked only by surrender of the certificate of title to the
779-24 department and joint application by the husband and wife for a new
780-1 title in the name of the person or persons designated in the
780-2 application [An agreement providing that a motor vehicle is to be
780-3 held by a husband and wife jointly with the interest of either
780-4 spouse who dies passing to the surviving spouse is valid only if
780-5 the agreement is:]
780-6 [(1) signed by both spouses; and]
780-7 [(2) submitted with the application for certificate of
780-8 title.]
780-9 [(b) If a valid rights of survivorship agreement is made and
780-10 submitted, the department shall issue the certificate of title for
780-11 the motor vehicle in the name of both spouses].
780-12 (b) Sections 1 and 2, Chapter 540 (S.B. No. 1435), Acts of
780-13 the 74th Legislature, Regular Session, 1995, are repealed.
780-14 SECTION 30.40. (a) Subchapter B, Chapter 501,
780-15 Transportation Code, is amended to conform to Section 2, Chapter
780-16 443 (H.B. No. 1225), Acts of the 74th Legislature, Regular Session,
780-17 1995, by adding Section 501.035 to read as follows:
780-18 Sec. 501.035. CERTIFICATE OF TITLE FOR FORMER MILITARY
780-19 VEHICLE. (a) Notwithstanding any other law, the department shall
780-20 issue a certificate of title for a former military vehicle that is
780-21 not registered under the laws of this state if all other
780-22 requirements for issuance of a certificate of title are met.
780-23 (b) In this section, "former military vehicle" has the
780-24 meaning assigned by Section 502.275(o).
781-1 (b) Section 2, Chapter 443 (H.B. No. 1225), Acts of the 74th
781-2 Legislature, Regular Session, 1995, is repealed.
781-3 SECTION 30.41. Section 501.074(d), Transportation Code, is
781-4 repealed to conform to the repeal of the law from which it was
781-5 derived by Section 2, Chapter 540 (S.B. No. 1435), Acts of the 74th
781-6 Legislature, Regular Session, 1995.
781-7 SECTION 30.42. (a) Section 501.134, Transportation Code, is
781-8 amended to conform to Section 6, Chapter 1015 (S.B. No. 1445), Acts
781-9 of the 74th Legislature, Regular Session, 1995, by amending
781-10 Subsection (a) and adding Subsections (f)-(i) to read as follows:
781-11 (a) If an original or duplicate original certificate of
781-12 title is lost or destroyed, the owner or lienholder disclosed on
781-13 the certificate may obtain, in the manner provided by this section
781-14 and department rule, a certified copy of the lost or destroyed
781-15 certificate of title directly from the department by applying on a
781-16 form prescribed by the department and paying a fee of $2. A fee
781-17 collected under this subsection shall be deposited to the credit of
781-18 the state highway fund and may be spent only as provided by Section
781-19 501.138.
781-20 (f) Except as provided by Subsection (g), the department may
781-21 not issue a certified copy of a certificate of title before the
781-22 fourth business day after the date application is made.
781-23 (g) The department may issue a certified copy of a
781-24 certificate of title before the fourth business day after the date
782-1 application is made only if the applicant:
782-2 (1) is the registered owner of the vehicle, the holder
782-3 of a recorded lien against the vehicle, or a verified agent of the
782-4 owner or lienholder; and
782-5 (2) submits personal identification, including a
782-6 photograph, issued by an agency of this state or the United States.
782-7 (h) If the applicant is the agent of the owner or lienholder
782-8 of the vehicle and is applying on behalf of the owner or
782-9 lienholder, the applicant must submit verifiable proof that the
782-10 person is the agent of the owner or lienholder.
782-11 (i) If an applicant for a certified copy of a certificate of
782-12 title is a person other than a person described by Subsection
782-13 (g)(1), the department may issue a certified copy of the
782-14 certificate of title only by mail.
782-15 (b) Section 6, Chapter 1015 (S.B. No. 1445), Acts of the
782-16 74th Legislature, Regular Session, 1995, is repealed.
782-17 SECTION 30.43. (a) Subchapter E, Chapter 501,
782-18 Transportation Code, is amended to conform to Section 1, Chapter
782-19 394 (H.B. No. 2151), Acts of the 74th Legislature, Regular Session,
782-20 1995, to read as follows:
782-21 SUBCHAPTER E. NONREPAIRABLE AND SALVAGE MOTOR VEHICLES
782-22 Sec. 501.0911. DEFINITIONS. (a) In this subchapter:
782-23 (1) "Actual cash value" means the market value of a
782-24 motor vehicle as determined:
783-1 (A) from publications commonly used by the
783-2 automotive and insurance industries to establish the values of
783-3 motor vehicles; or
783-4 (B) if the entity determining the value is an
783-5 insurance company, by any other procedure recognized by the
783-6 insurance industry, including market surveys, that is applied by
783-7 the company in a uniform manner.
783-8 (2) "Automobile recycler" means a person in the
783-9 business of dealing in salvage motor vehicles for the purpose of
783-10 dismantling the vehicles to sell used parts or a person otherwise
783-11 engaged in the business of acquiring, selling, or dealing in
783-12 salvage parts for reuse or resale as parts. The term includes a
783-13 dealer in used motor vehicle parts.
783-14 (3) "Casual sale" means the sale at auction of not
783-15 more than one nonrepairable motor vehicle or late model salvage
783-16 motor vehicle to the same person during a calendar year.
783-17 (4) "Insurance company" means a person authorized to
783-18 write automobile insurance in this state or an out-of-state
783-19 insurance company that pays a loss claim for a motor vehicle in
783-20 this state.
783-21 (5) "Late model motor vehicle" means a motor vehicle
783-22 with the same model year as the current calendar year or one of the
783-23 five calendar years preceding that calendar year.
783-24 (6) "Late model salvage motor vehicle" or "salvage
784-1 motor vehicle" means a late model motor vehicle, other than a late
784-2 model vehicle that is a nonrepairable motor vehicle, that is
784-3 damaged to the extent that the total estimated cost of repairs,
784-4 other than repairs related to hail damage but including parts and
784-5 labor, is equal to or greater than an amount equal to 75 percent of
784-6 the actual cash value of the vehicle in its predamaged condition.
784-7 (7) "Major component part" means one of the following
784-8 parts of a motor vehicle:
784-9 (A) the engine;
784-10 (B) the transmission;
784-11 (C) the frame;
784-12 (D) the right or left front fender;
784-13 (E) the hood;
784-14 (F) a door allowing entrance to or egress from
784-15 the passenger compartment of the vehicle;
784-16 (G) the front or rear bumper;
784-17 (H) the right or left quarter panel;
784-18 (I) the deck lid, tailgate, or hatchback;
784-19 (J) the cargo box of a pickup truck;
784-20 (K) the cab of a truck; or
784-21 (L) the body of a passenger vehicle.
784-22 (8) "Nonrepairable motor vehicle" means a late model
784-23 motor vehicle that is damaged or missing a major component part to
784-24 the extent that the total estimated cost of repairs to rebuild or
785-1 reconstruct the vehicle, including parts and labor other than the
785-2 costs of materials and labor for repainting the vehicle and
785-3 excluding sales taxes on the total cost of the repairs, and
785-4 excluding the cost of repairs to repair hail damage, is equal to or
785-5 greater than an amount equal to 95 percent of the actual cash value
785-6 of the vehicle in its predamaged condition.
785-7 (9) "Nonrepairable motor vehicle certificate of title"
785-8 means a document issued by the department that evidences ownership
785-9 of a nonrepairable motor vehicle.
785-10 (10) "Older model motor vehicle" means a motor vehicle
785-11 that was manufactured in a model year before the sixth preceding
785-12 model year, including the current model year.
785-13 (11) "Other negotiable evidence of ownership" means a
785-14 document other than a Texas certificate of title or a salvage
785-15 certificate of title that relates to a motor vehicle that the
785-16 department considers sufficient to support issuance of a Texas
785-17 certificate of title for the vehicle.
785-18 (12) "Out-of-state buyer" means a person licensed in
785-19 an automotive business by another state or jurisdiction if the
785-20 department has listed the holders of such a license as permitted
785-21 purchasers of salvage motor vehicles or nonrepairable motor
785-22 vehicles based on substantially similar licensing requirements and
785-23 on whether salvage vehicle dealers licensed in Texas are permitted
785-24 to purchase salvage motor vehicles or nonrepairable motor vehicles
786-1 in the other state or jurisdiction.
786-2 (13) "Rebuilder" means a person who acquires and
786-3 repairs, for operation on public highways, five or more late model
786-4 salvage motor vehicles in any 12-month period.
786-5 (14) "Salvage motor vehicle certificate of title"
786-6 means any document issued by the department that evidences
786-7 ownership of a salvage motor vehicle.
786-8 (15) "Salvage vehicle dealer" has the meaning assigned
786-9 by Section 1.01, Article 6687-1a, Revised Statutes.
786-10 (b) For purposes of this subchapter:
786-11 (1) the estimated cost of repair parts shall be
786-12 determined by using a manual of repair costs or other instrument
786-13 that is generally recognized and commonly used in the motor vehicle
786-14 insurance industry to determine those costs or an estimate of the
786-15 actual cost of the repair parts; and
786-16 (2) the estimated labor costs shall be computed by
786-17 using the hourly rate and time allocations that are reasonable and
786-18 commonly assessed in the repair industry in the community in which
786-19 the repairs are performed.
786-20 Sec. 501.0912. INSURANCE COMPANY TO SURRENDER CERTIFICATES
786-21 OF TITLE TO CERTAIN LATE MODEL SALVAGE MOTOR VEHICLES. (a) An
786-22 insurance company that is licensed to conduct business in this
786-23 state and that acquires ownership of a late model salvage motor
786-24 vehicle through payment of a claim shall surrender a properly
787-1 assigned certificate of title to the department, on a form
787-2 prescribed by the department.
787-3 (b) For a vehicle described by Section 501.0911(6) but not
787-4 by Section 501.0911(8), the insurance company shall apply for a
787-5 salvage motor vehicle certificate of title. For a vehicle
787-6 described by Section 501.0911(8), the insurance company shall apply
787-7 for a nonrepairable motor vehicle certificate of title.
787-8 (c) An insurance company may not sell a late model salvage
787-9 motor vehicle to which this section applies unless the department
787-10 has issued a salvage motor vehicle certificate of title or a
787-11 nonrepairable motor vehicle certificate of title for the vehicle or
787-12 a comparable ownership document has been issued by another state or
787-13 jurisdiction for the vehicle.
787-14 (d) An insurance company may sell a late model salvage motor
787-15 vehicle to which this section applies, or assign a salvage motor
787-16 vehicle certificate of title or a nonrepairable motor vehicle
787-17 certificate of title for the vehicle, only to a salvage vehicle
787-18 dealer, an out-of-state buyer, a buyer in a casual sale at auction,
787-19 or a person described by Subsection (g), Article 6687-2b, Revised
787-20 Statutes. If the vehicle is not a late model salvage motor vehicle
787-21 or a nonrepairable motor vehicle, the insurance company is not
787-22 required to surrender the regular certificate of title for the
787-23 vehicle or to be issued a salvage motor vehicle certificate of
787-24 title or a nonrepairable motor vehicle certificate of title for the
788-1 vehicle.
788-2 Sec. 501.0913. INSURANCE COMPANY TO DELIVER CERTIFICATES OF
788-3 TITLE TO CERTAIN MOTOR VEHICLES. (a) If an insurance company
788-4 acquires ownership of a motor vehicle other than a late model
788-5 salvage motor vehicle or a nonrepairable motor vehicle through
788-6 payment of a claim, the company shall, on delivery of the vehicle
788-7 to a buyer of the vehicle, deliver the buyer a properly assigned
788-8 certificate of title for the vehicle.
788-9 (b) An insurance company or other person who acquires
788-10 ownership of a motor vehicle other than a late model salvage motor
788-11 vehicle or a nonrepairable motor vehicle may voluntarily and on
788-12 proper application obtain a salvage motor vehicle certificate of
788-13 title or a nonrepairable motor vehicle certificate of title for the
788-14 vehicle.
788-15 Sec. 501.0914. NONAPPLICABILITY. Sections 501.0912 and
788-16 501.0913 do not apply to a vehicle that has been stolen and
788-17 recovered unless the damage to the vehicle causes the vehicle to be
788-18 a salvage motor vehicle or a nonrepairable motor vehicle.
788-19 Sec. 501.0915. INSURANCE COMPANY TO SUBMIT REPORT TO
788-20 DEPARTMENT. (a) If after payment of a total loss claim on a late
788-21 model salvage motor vehicle or a nonrepairable motor vehicle an
788-22 insurance company does not acquire ownership of the vehicle, the
788-23 insurance company shall submit to the department, before the 31st
788-24 day after the date of the payment of the claim, on the form
789-1 prescribed by the department, a report stating that:
789-2 (1) the insurance company has paid a total loss claim
789-3 on the vehicle; and
789-4 (2) the insurance company has not acquired ownership
789-5 of the vehicle.
789-6 (b) The owner of a late model salvage motor vehicle to which
789-7 this section applies may not transfer ownership of the vehicle by
789-8 sale or otherwise unless the department has issued a salvage motor
789-9 vehicle certificate of title or a nonrepairable motor vehicle
789-10 certificate of title for the vehicle or a comparable ownership
789-11 document has been issued by another state or jurisdiction for the
789-12 vehicle.
789-13 Sec. 501.0916. SALE, TRANSFER, OR RELEASE OF LATE MODEL
789-14 SALVAGE MOTOR VEHICLE. (a) A person who owns a late model salvage
789-15 motor vehicle may not sell, transfer, or release the vehicle to a
789-16 person other than a salvage vehicle dealer, the former owner of the
789-17 vehicle, a governmental entity, an out-of-state buyer, a buyer in a
789-18 casual sale at auction, or a person described by Subsection (g),
789-19 Article 6687-2b, Revised Statutes, and shall deliver to that person
789-20 a properly assigned certificate of title for the vehicle.
789-21 (b) If the assigned certificate of title is not a salvage
789-22 motor vehicle certificate of title, a nonrepairable motor vehicle
789-23 certificate of title, or a comparable ownership document issued by
789-24 another state or jurisdiction, the purchaser shall, not later than
790-1 the 10th day after the date the purchaser receives the certificate
790-2 of title from the owner:
790-3 (1) surrender the certificate of title to the
790-4 department; and
790-5 (2) apply for a salvage motor vehicle certificate of
790-6 title or a nonrepairable motor vehicle certificate of title for the
790-7 vehicle, as appropriate.
790-8 (c) A salvage vehicle dealer that acquires ownership of a
790-9 late model salvage motor vehicle or a nonrepairable motor vehicle
790-10 for the purpose of dismantling, scrapping, or destroying the
790-11 vehicle shall, before the 31st day after the date the dealer
790-12 acquires the vehicle, submit to the department, on the form
790-13 prescribed by the department, a report stating that the vehicle
790-14 will be dismantled, scrapped, or destroyed, accompanied by a
790-15 properly assigned regular certificate of title, salvage motor
790-16 vehicle certificate of title, nonrepairable motor vehicle
790-17 certificate of title, or comparable ownership document issued by
790-18 another state or jurisdiction for the vehicle.
790-19 (d) On receipt of the report and the certificate of title,
790-20 the department shall issue the salvage vehicle dealer a receipt for
790-21 the certificate of title, salvage motor vehicle certificate of
790-22 title, nonrepairable motor vehicle certificate of title, or
790-23 comparable ownership document issued by another state or
790-24 jurisdiction.
791-1 Sec. 501.0917. SALVAGE VEHICLE DEALER TO SUBMIT REPORT TO
791-2 DEPARTMENT. A salvage vehicle dealer that acquires an older model
791-3 vehicle for the purpose of dismantling, scrapping, or destroying
791-4 the vehicle and that receives a properly assigned certificate of
791-5 title for the vehicle shall, before the 31st day after the date the
791-6 dealer acquires the vehicle:
791-7 (1) submit to the department, on the form prescribed
791-8 by the department, a report stating that the vehicle will be
791-9 dismantled, scrapped, or destroyed, accompanied by the properly
791-10 assigned regular certificate of title, salvage motor vehicle
791-11 certificate of title, nonrepairable motor vehicle certificate of
791-12 title, or comparable ownership document issued by another state or
791-13 jurisdiction for the vehicle; and
791-14 (2) keep on the business premises of the dealer, until
791-15 the third anniversary of the date the report on the vehicle is
791-16 submitted to the department, a record of the vehicle.
791-17 Sec. 501.0918. PERSON ACQUIRING LATE MODEL SALVAGE MOTOR
791-18 VEHICLE TO SURRENDER CERTIFICATE OF TITLE. A person, other than a
791-19 salvage vehicle dealer or an insurance company licensed to do
791-20 business in this state, who acquires ownership of a late model
791-21 salvage motor vehicle or a nonrepairable motor vehicle that has not
791-22 been issued a salvage motor vehicle certificate of title, a
791-23 nonrepairable motor vehicle certificate of title, or a comparable
791-24 ownership document issued by another state or jurisdiction shall,
792-1 before selling the vehicle, surrender the properly assigned
792-2 certificate of title for the vehicle to the department and:
792-3 (1) if the vehicle is a vehicle described by Section
792-4 501.0911(6) but not by Section 501.0911(8), apply to the department
792-5 for a salvage motor vehicle certificate of title for the vehicle;
792-6 or
792-7 (2) if the vehicle is a vehicle described by Section
792-8 501.0911(8), apply to the department for a nonrepairable motor
792-9 vehicle certificate of title for the vehicle.
792-10 Sec. 501.0919. SALE OF CERTAIN LATE MODEL SALVAGE MOTOR
792-11 VEHICLES. The owner of a late model salvage motor vehicle that has
792-12 been issued a salvage motor vehicle certificate of title or a
792-13 nonrepairable motor vehicle certificate of title may sell the
792-14 vehicle only to a salvage vehicle dealer in this state, an
792-15 out-of-state buyer, a buyer in a casual sale at auction, or a
792-16 person described by Subsection (g), Article 6687-2b, Revised
792-17 Statutes.
792-18 Sec. 501.0920. APPLICATION FOR SALVAGE MOTOR VEHICLE
792-19 CERTIFICATE OF TITLE. (a) An application for a salvage motor
792-20 vehicle certificate of title or a nonrepairable motor vehicle
792-21 certificate of title must:
792-22 (1) be made on a form prescribed by the department and
792-23 accompanied by a fee established by the department, not to exceed
792-24 an amount that is sufficient, when added to other fees collected
793-1 under this chapter, to recover the actual costs to the department
793-2 of issuing the certificate; and
793-3 (2) include, in addition to any other information
793-4 required by the department:
793-5 (A) the name and current address of the owner;
793-6 (B) a description of the vehicle, including the
793-7 make, style of body, model year, and vehicle identification number;
793-8 (C) a description of the damage to the vehicle;
793-9 (D) the estimated cost of repairs to the
793-10 vehicle, including parts and labor; and
793-11 (E) the predamaged actual cash value of the
793-12 vehicle.
793-13 (b) On receipt of a complete application and the prescribed
793-14 application fee, the department shall, before the sixth business
793-15 day after the date the department receives the application, issue
793-16 the applicant a salvage motor vehicle certificate of title or a
793-17 nonrepairable motor vehicle certificate of title, as appropriate.
793-18 (c) A nonrepairable motor vehicle certificate of title must
793-19 state on its face that, except as provided by Sections 501.0925 and
793-20 501.0927, the vehicle:
793-21 (1) may not be issued a regular certificate of title
793-22 or registered in this state; and
793-23 (2) may only be used for parts or scrap metal.
793-24 Sec. 501.0921. POSSESSION AND OPERATION OF SALVAGE MOTOR
794-1 VEHICLE. (a) A person who holds a salvage motor vehicle
794-2 certificate of title is entitled to possess the vehicle, record a
794-3 lien on the vehicle, transport the vehicle, and transfer ownership
794-4 of the vehicle.
794-5 (b) A vehicle for which a salvage motor vehicle certificate
794-6 of title is the most current title may not be operated on a public
794-7 highway.
794-8 Sec. 501.0922. APPLICATION FOR REGULAR CERTIFICATE OF TITLE
794-9 FOR SALVAGE MOTOR VEHICLE. (a) A vehicle for which a salvage
794-10 motor vehicle certificate of title has been issued may be issued a
794-11 regular certificate of title only after application and, in
794-12 addition to any other requirement of law, only if the application:
794-13 (1) describes each major component part used to repair
794-14 the vehicle and shows the identification number required by federal
794-15 law to be affixed to or inscribed on the part; and
794-16 (2) is accompanied by a written statement signed by a
794-17 specially trained commissioned officer of the Department of Public
794-18 Safety certifying to the department that:
794-19 (A) the vehicle identification numbers and parts
794-20 identification numbers are accurate;
794-21 (B) the applicant has proof that the applicant
794-22 owns the parts used to repair the vehicle; and
794-23 (C) the vehicle may be safely operated and
794-24 complies with all applicable motor vehicle safety standards of this
795-1 state.
795-2 (b) The Department of Public Safety may impose a fee, in an
795-3 amount not to exceed the lesser of $200 or the actual cost to that
795-4 department, for conducting an inspection and providing the written
795-5 statement required by Subsection (a).
795-6 Sec. 501.0923. ISSUANCE OF CERTIFICATE OF TITLE FOR REBUILT
795-7 SALVAGE MOTOR VEHICLE. (a) On receipt of a complete application
795-8 under Section 501.0922, accompanied by the peace officer's
795-9 statement and the appropriate fee for the certificate of title, the
795-10 department shall issue the applicant a certificate of title for the
795-11 vehicle.
795-12 (b) A certificate of title issued under this section must:
795-13 (1) bear on its face the words "REBUILT SALVAGE"; and
795-14 (2) describe or disclose the vehicle's former
795-15 condition in a manner understandable to a potential purchaser of
795-16 the vehicle.
795-17 Sec. 501.0924. ISSUANCE OF CERTIFICATE OF TITLE TO CERTAIN
795-18 VEHICLES BROUGHT INTO STATE. (a) On proper application by the
795-19 owner of a vehicle brought into this state from another state or
795-20 jurisdiction that has on any certificate of title issued by the
795-21 other state or jurisdiction a "rebuilt," "salvage,"
795-22 "nonrepairable," or analogous notation, the department shall issue
795-23 the applicant a certificate of title or other appropriate document
795-24 for the vehicle.
796-1 (b) A certificate of title or other appropriate document
796-2 issued under this section must show on its face:
796-3 (1) the date of issuance;
796-4 (2) the name and address of the owner;
796-5 (3) any registration number assigned to the vehicle;
796-6 (4) a description of the vehicle as determined by the
796-7 department; and
796-8 (5) any notation the department considers necessary or
796-9 appropriate.
796-10 Sec. 501.0925. RIGHTS OF HOLDER OF NONREPAIRABLE MOTOR
796-11 VEHICLE CERTIFICATE OF TITLE. A person who holds a nonrepairable
796-12 motor vehicle certificate of title for a vehicle:
796-13 (1) is entitled to possess the vehicle, dismantle,
796-14 scrap, or destroy the vehicle, transport the vehicle or parts of
796-15 the vehicle, or rebuild the vehicle;
796-16 (2) may not operate or permit the operation of the
796-17 vehicle on a public highway; and
796-18 (3) may transfer ownership of the vehicle only as
796-19 permitted by law.
796-20 Sec. 501.0926. OFFENSE. Except as provided by Section
796-21 501.0927, a person commits an offense if the person:
796-22 (1) applies to the department for a certificate of
796-23 title for a motor vehicle; and
796-24 (2) knows that the vehicle is a nonrepairable motor
797-1 vehicle that has been rebuilt.
797-2 Sec. 501.0927. APPLICATION FOR CERTIFICATE OF TITLE BY
797-3 REBUILDER OF NONREPAIRABLE MOTOR VEHICLE. (a) A person who
797-4 rebuilds a nonrepairable vehicle may apply to the department for a
797-5 certificate of title for the vehicle if, in addition to any other
797-6 requirement of law, the application:
797-7 (1) contains the information required by Section
797-8 501.0922(a)(1); and
797-9 (2) is accompanied by a written statement that
797-10 complies with Section 501.0922(a)(2).
797-11 (b) The Department of Public Safety may impose a fee, in an
797-12 amount not to exceed the lesser of $200 or the actual cost to that
797-13 department, for conducting an inspection and providing the written
797-14 statement required by Subsection (a).
797-15 (c) On receipt of a complete application under this section,
797-16 accompanied by the appropriate fee for the certificate of title,
797-17 the department shall issue the applicant a certificate of title for
797-18 the vehicle that conforms to Section 501.0923(b).
797-19 Sec. 501.0928. DEPARTMENT TO PRINT SALVAGE AND NONREPAIRABLE
797-20 MOTOR VEHICLE CERTIFICATES OF TITLE. (a) The department shall
797-21 print salvage motor vehicle certificates of title and nonrepairable
797-22 motor vehicle certificates of title in a color that distinguishes
797-23 them from certificates of title and so that each document clearly
797-24 shows that it is the ownership document for a late model salvage
798-1 motor vehicle or a nonrepairable motor vehicle.
798-2 (b) A nonrepairable motor vehicle certificate of title for a
798-3 vehicle that is nonrepairable because of damage caused exclusively
798-4 by flood must bear an appropriate notation on its face.
798-5 (c) A salvage motor vehicle certificate of title for a
798-6 vehicle that is a salvage motor vehicle because of damage caused
798-7 exclusively by flood must bear an appropriate notation on its face.
798-8 Sec. 501.0929. REBUILDER TO POSSESS CERTIFICATE OF TITLE.
798-9 (a) A rebuilder must possess a certificate of title, a salvage
798-10 motor vehicle certificate of title, a nonrepairable motor vehicle
798-11 certificate of title, or a comparable ownership document issued by
798-12 another state or jurisdiction for any motor vehicle that is:
798-13 (1) in the rebuilder's inventory; and
798-14 (2) being offered for resale.
798-15 (b) A person who rebuilds a late model salvage motor vehicle
798-16 for which the department has issued a salvage motor vehicle
798-17 certificate of title, or who assembles a late model salvage motor
798-18 vehicle from component parts, may apply to the department for a
798-19 certificate of title for the vehicle. A certificate of title
798-20 issued by the department under this subsection must bear the words
798-21 "REBUILT SALVAGE."
798-22 Sec. 501.0930. ENFORCEMENT OF SUBCHAPTER. (a) This
798-23 subchapter shall be exclusively enforced by the department or any
798-24 other governmental or law enforcement agency or its personnel,
799-1 except as provided by this subchapter.
799-2 (b) The department, or an agent, officer, or employee of the
799-3 department, is not liable to a person damaged or injured by an act
799-4 or omission relating to the issuance of a certificate of title,
799-5 salvage motor vehicle certificate of title, or nonrepairable motor
799-6 vehicle certificate of title under this subchapter.
799-7 Sec. 501.0931. APPLICABILITY OF SUBCHAPTER. (a) This
799-8 subchapter does not apply to, and does not preclude or prohibit a
799-9 sale to, purchase by, or other transaction by or with, a person
799-10 described by Subsection (g), Article 6687-2b, Revised Statutes,
799-11 except as provided by Subsections (b) and (c).
799-12 (b) A person described by Subsection (g), Article 6687-2b,
799-13 Revised Statutes, shall submit to the department the certificate of
799-14 title or equivalent document that the person receives in
799-15 conjunction with the purchase of a motor vehicle not later than the
799-16 60th day after the date the person receives the certificate of
799-17 title or equivalent document.
799-18 (c) This subchapter applies to a transaction with a person
799-19 described by Subsection (g), Article 6687-2b, Revised Statutes, in
799-20 which a motor vehicle is sold or delivered to the person for the
799-21 purpose of reuse or resale as a motor vehicle or as motor vehicle
799-22 parts if the motor vehicle is so used.
799-23 (d) This subchapter does not:
799-24 (1) prohibit the owner of a late model salvage motor
800-1 vehicle or a nonrepairable motor vehicle from selling the vehicle
800-2 to any person, if the vehicle is so classified solely because of
800-3 water damage caused by a flood; or
800-4 (2) limit the ability or authority of an insurance
800-5 company to adjust or settle a claim for loss on a motor vehicle.
800-6 [SUBCHAPTER E. JUNKED, REBUILT, AND FLOOD-DAMAGED MOTOR VEHICLES]
800-7 [Sec. 501.091. JUNKED MOTOR VEHICLES. (a) The person named
800-8 in a certificate of title as the present owner of a motor vehicle
800-9 registered in this state shall surrender the certificate of title
800-10 to the department together with the written consent of the holder
800-11 of each unreleased lien noted on the certificate of title if:]
800-12 [(1) the vehicle is junked, dismantled, or destroyed;]
800-13 [(2) the vehicle's motor number is changed; or]
800-14 [(3) the vehicle is changed in a manner such that the
800-15 vehicle:]
800-16 [(A) loses its character as a motor vehicle; or]
800-17 [(B) is not the vehicle described in the
800-18 certificate of title.]
800-19 [(b) The department shall cancel in its records a
800-20 certificate of title surrendered under Subsection (a).]
800-21 [(c) This section does not affect the sale of used parts for
800-22 an automobile when sold as used parts.]
800-23 [Sec. 501.092. REBUILT OR ASSEMBLED MOTOR VEHICLE. (a) A
800-24 person who rebuilds or assembles a motor vehicle must obtain a
801-1 certificate of title for the vehicle before the person:]
801-2 [(1) transfers the vehicle; or]
801-3 [(2) operates or permits the operation of the vehicle.]
801-4 [(b) To obtain the certificate of title, the person must
801-5 provide to the department an affidavit stating where, when, how,
801-6 and from whom the parts used in rebuilding or assembling the
801-7 vehicle were obtained.]
801-8 [(c) The department may issue a certificate of title under
801-9 this section only if it is satisfied that:]
801-10 [(1) the affidavit is true; and]
801-11 [(2) the affiant is the person described in the
801-12 affidavit as its maker.]
801-13 [Sec. 501.093. FLOOD-DAMAGED MOTOR VEHICLE. (a) The owner
801-14 of a motor vehicle that has been rendered a total loss because of
801-15 flood damage to the vehicle must surrender to the department the
801-16 certificate of title or the manufacturer's statement of origin and
801-17 the written consent of the holders of an unreleased lien noted on
801-18 the certificate of title or manufacturer's statement of origin.]
801-19 [(b) On receipt of the certificate of title, the department
801-20 shall cancel the certificate.]
801-21 [(c) Before a motor vehicle that has been rendered a total
801-22 loss because of flood damage to the vehicle may be operated in this
801-23 state, the owner of the vehicle must:]
801-24 [(1) disclose to the department that the vehicle has
802-1 been rendered a total loss because of flood damage, whether the
802-2 vehicle was last titled in this state or elsewhere; and]
802-3 [(2) obtain a new certificate of title from the
802-4 department.]
802-5 [Sec. 501.094. CERTIFICATE OF TITLE DESIGNATION FOR JUNKED,
802-6 REBUILT, OR FLOOD-DAMAGED MOTOR VEHICLE. The department shall make
802-7 an appropriate designation on the face of a certificate of title:]
802-8 [(1) issued under Section 501.092 for a vehicle as to
802-9 which the certificate of title or other evidence of ownership is
802-10 surrendered to the department under Section 501.091 or Chapter 506,
802-11 Acts of the 57th Legislature, Regular Session, 1961 (Article
802-12 6687-2, Vernon's Texas Civil Statutes); or]
802-13 [(2) issued under Section 501.093.]
802-14 (b) Section 501.157, Transportation Code, is amended to
802-15 conform to Section 2, Chapter 394 (H.B. No. 2151), Acts of the 74th
802-16 Legislature, Regular Session, 1995, to read as follows:
802-17 Sec. 501.157. PENALTIES [PENALTY]. (a) Unless otherwise
802-18 provided by this chapter, an offense under this chapter is a
802-19 misdemeanor punishable by a fine of not less than $1 or more than
802-20 $100 for the first offense. If a person is subsequently convicted
802-21 of the same offense, at the jury's discretion, a person may be
802-22 fined not less than $2 or more than $200.
802-23 (b) A person commits an offense if the person violates
802-24 Subchapter E or a rule adopted under that subchapter. An offense
803-1 under this subsection is a Class A misdemeanor.
803-2 (c) Chapter 20, Title 132, Revised Statutes, is amended to
803-3 conform to Sections 1 and 2, Chapter 394 (H.B. No. 2151), Acts of
803-4 the 74th Legislature, Regular Session, 1995, by adding Articles
803-5 9026a and 9026b to read as follows:
803-6 Art. 9026a. CHARGES FOR TITLE FEES, REGISTRATION FEES, AND
803-7 PROPERTY TAXES. (a) A person required to register under Section
803-8 152.065, Tax Code, may include in a customer agreement a separate
803-9 charge for the proportionate amount of title fees, registration
803-10 fees, and property taxes paid in the preceding calendar year on the
803-11 person's vehicle fleet.
803-12 (b) If a person includes a charge under Subsection (a) of
803-13 this article in a customer agreement, the charge:
803-14 (1) must be included on a nondiscriminatory basis; and
803-15 (2) shall be collected in each agreement other than an
803-16 agreement that is exempt from a tax imposed under Section 152.026,
803-17 Tax Code.
803-18 (c) A person commits an offense if the person violates this
803-19 article. An offense under this subsection is a Class A
803-20 misdemeanor.
803-21 Art. 9026b. RETENTION OR USE OF CERTAIN MOTOR VEHICLES
803-22 PROHIBITED. (a) An owner to whom Section 152.065, Tax Code,
803-23 applies is prohibited from retaining for use or using a motor
803-24 vehicle that has been issued a certificate of title under Section
804-1 501.0923, Transportation Code, for a usual commercial purpose of
804-2 that owner.
804-3 (b) A person commits an offense if the person violates
804-4 Subsection (a) of this article. An offense under this subsection
804-5 is a Class A misdemeanor.
804-6 (c) In this article, "certificate of title," "owner," and
804-7 "motor vehicle" have the meanings assigned by Section 501.001,
804-8 Transportation Code.
804-9 (d) Sections 1 and 2, Chapter 394 (H.B. No. 2151), Acts of
804-10 the 74th Legislature, Regular Session, 1995, are repealed.
804-11 SECTION 30.44. (a) Section 502.002, Transportation Code, is
804-12 amended to conform to Section 4, Chapter 34 (S.B. No. 178), Acts of
804-13 the 74th Legislature, Regular Session, 1995, by adding Subsection
804-14 (d) to read as follows:
804-15 (d) A county assessor-collector, a deputy county
804-16 assessor-collector, or a person acting on behalf of a county
804-17 assessor-collector is not liable to any person for:
804-18 (1) refusing to register a motor vehicle because of
804-19 the person's failure to submit evidence of residency that complies
804-20 with the department's rules; or
804-21 (2) registering a motor vehicle under this section.
804-22 (b) Section 502.109, Transportation Code, is amended to
804-23 conform to the repeal of the law from which Subsections (b) and (c)
804-24 of that section were derived by Section 9(7), Chapter 34 (S.B. No.
805-1 178), Acts of the 74th Legislature, Regular Session, 1995, to read
805-2 as follows:
805-3 Sec. 502.109. COMPENSATION OF ASSESSOR-COLLECTOR. (a) A
805-4 county assessor-collector shall receive a fee of $1.90 for each
805-5 receipt issued under this chapter. If the assessor-collector may
805-6 be compensated by fees, a fee received is compensation for services
805-7 under this chapter. The assessor-collector shall deduct the fee
805-8 weekly from the gross collections made under this chapter.
805-9 (b) [A county assessor-collector required by Section 502.154
805-10 to collect a vehicle emissions inspection certificate, another
805-11 verification of compliance, or a waiver from an applicant for
805-12 registration shall collect and retain for the county a fee of 50
805-13 cents for each document collected.]
805-14 [(c) A county assessor-collector required by Section 502.155
805-15 to require an applicant for registration to provide evidence that
805-16 the applicant is a resident of that county shall collect and retain
805-17 for the county a fee of 25 cents for each registration.]
805-18 [(d)] A county assessor-collector who is compensated under
805-19 this section shall pay the entire expense of issuing registration
805-20 receipts and license plates under this chapter from the
805-21 compensation allowed under this section.
805-22 (c) Section 502.154, Transportation Code, is amended to
805-23 conform to the repeal of a portion of the law from which it was
805-24 derived by Sections 9(4) and (5), Chapter 34 (S.B. No. 178), Acts
806-1 of the 74th Legislature, Regular Session, 1995, to read as follows:
806-2 Sec. 502.154. REPORT BY COUNTY ASSESSOR-COLLECTOR [EMISSIONS
806-3 INSPECTION CERTIFICATE REQUIRED IN CERTAIN COUNTIES]. [(a) The
806-4 county assessor-collector of a county that is included in a vehicle
806-5 emissions inspection and maintenance program under Subchapter F,
806-6 Chapter 548, may not register a motor vehicle unless the applicant
806-7 for registration submits:]
806-8 [(1) a vehicle emissions inspection certificate for
806-9 the vehicle issued:]
806-10 [(A) by an inspection station located in a
806-11 county included in the vehicle emissions inspection and maintenance
806-12 program; and]
806-13 [(B) within the applicable period prescribed by
806-14 Section 382.037(h), Health and Safety Code; or]
806-15 [(2) other verification of compliance, as provided by
806-16 Section 382.037, Health and Safety Code.]
806-17 [(b)] A county assessor-collector [described by Subsection
806-18 (a)] shall[:]
806-19 [(1) collect the original emissions inspection
806-20 certificates, waivers, or other verifications of compliance and
806-21 shall submit them to the Texas Natural Resource Conservation
806-22 Commission on the commission's request; and]
806-23 [(2)] submit an annual report to the Texas Natural
806-24 Resource Conservation Commission and the department that shows:
807-1 (1) [(A)] the number of registrations denied because
807-2 of the applicant's failure to provide an original emissions
807-3 inspection certificate or a valid waiver;
807-4 (2) [(B)] the number of registrations denied because
807-5 of the failure to provide proof of residency; and
807-6 (3) [(C)] an itemized accounting of the costs to the
807-7 county of administering Sections 502.002 and 502.006(a), (b), and
807-8 (c) [this section].
807-9 [(c) A county assessor-collector, a deputy county
807-10 assessor-collector, or a person acting on behalf of a county
807-11 assessor-collector is not liable to any person for:]
807-12 [(1) refusing to register a motor vehicle to which
807-13 this section applies because of the person's failure to submit a
807-14 vehicle emissions inspection certificate, waiver, or other
807-15 verification of compliance; or]
807-16 [(2) registering a motor vehicle under this section.]
807-17 [(d) The department may not register a motor vehicle owned
807-18 by a resident of a county that is included in a vehicle emissions
807-19 inspection and maintenance program under Subchapter F, Chapter 548,
807-20 unless the applicant for registration submits a vehicle emissions
807-21 inspection certificate for the vehicle or other verification of
807-22 compliance, as provided by Section 382.037, Health and Safety
807-23 Code.]
807-24 (d) Section 502.155, Transportation Code, is repealed to
808-1 conform to the repeal of the law from which it was derived by
808-2 Sections 4 and 9(4), Chapter 34 (S.B. No. 178), Acts of the 74th
808-3 Legislature, Regular Session, 1995.
808-4 (e) Section 4, Chapter 34 (S.B. No. 178), Acts of the 74th
808-5 Legislature, Regular Session, 1995, is repealed.
808-6 SECTION 30.45. Section 502.003(b), Transportation Code, is
808-7 amended to conform to the termination of the Interstate Commerce
808-8 Commission and the creation of the Surface Transportation Board by
808-9 the Interstate Commerce Commission Termination Act of 1995 (Pub. L.
808-10 No. 104-88) and to the transfer of motor carrier registration
808-11 responsibilities from the Railroad Commission of Texas to the Texas
808-12 Department of Transportation by Chapter 705 (S.B. No. 3), Acts of
808-13 the 74th Legislature, Regular Session, 1995, to read as follows:
808-14 (b) This section does not affect the authority of a
808-15 municipality to:
808-16 (1) license and regulate the use of motor vehicles for
808-17 compensation within the municipal limits; and
808-18 (2) impose a permit fee or street rental charge for
808-19 the operation of each motor vehicle used to transport passengers
808-20 for compensation, other than a motor vehicle operating under a
808-21 registration [permit or] certificate from the department [Railroad
808-22 Commission of Texas] or a permit from the federal Surface
808-23 Transportation Board [the Interstate Commerce Commission].
808-24 SECTION 30.46. (a) Section 502.008, Transportation Code, is
809-1 amended to conform to Section 8.06, Chapter 655 (H.B. No. 1863),
809-2 Acts of the 74th Legislature, Regular Session, 1995, by amending
809-3 Subsection (b) and adding Subsection (c) to read as follows:
809-4 (b) This section does not apply to the release of
809-5 information to:
809-6 (1) a peace officer, as defined in Article 2.12, Code
809-7 of Criminal Procedure, acting in an official capacity; or
809-8 (2) an official of this state or a political
809-9 subdivision of this state if the official is requesting the
809-10 information for:
809-11 (A) tax purposes; or
809-12 (B) the purpose of determining eligibility for a
809-13 state public assistance program.
809-14 (c) The department shall provide a dedicated line to its
809-15 vehicle registration record database for use by other state
809-16 agencies. The access to or transmission of information under this
809-17 subsection does not affect whether the information is subject to
809-18 disclosure under Chapter 552, Government Code.
809-19 (b) Section 8.06, Chapter 655 (H.B. No. 1863), Acts of the
809-20 74th Legislature, Regular Session, 1995, is repealed.
809-21 SECTION 30.47. (a) Section 502.108(f), Transportation Code,
809-22 is repealed to conform to the repeal of the law from which it was
809-23 derived by Section 2, Chapter 568 (S.B. No. 437), Acts of the 74th
809-24 Legislature, Regular Session, 1995.
810-1 (b) Section 2, Chapter 568 (S.B. No. 437), Acts of the 74th
810-2 Legislature, Regular Session, 1995, is repealed.
810-3 SECTION 30.48. Section 502.173(g), Transportation Code, is
810-4 amended to conform to Section 10.01, Chapter 76 (S.B. No. 959),
810-5 Acts of the 74th Legislature, Regular Session, 1995, to read as
810-6 follows:
810-7 (g) A municipality with a population greater than 850,000
810-8 shall deposit revenue from a fee imposed under this subsection to
810-9 the credit of the child safety trust fund created under Section
810-10 106.001, Local Government Code [Article 6701d-26, Revised
810-11 Statutes]. A municipality with a population less than 850,000
810-12 shall use revenue from a fee imposed under this section in
810-13 accordance with Subsection (f), Article 102.014, Code of Criminal
810-14 Procedure.
810-15 SECTION 30.49. (a) Section 502.180, Transportation Code, is
810-16 amended to conform to Section 1, Chapter 204 (H.B. No. 1542), Acts
810-17 of the 74th Legislature, Regular Session, 1995, by amending
810-18 Subsection (d) and adding Subsection (h) to read as follows:
810-19 (d) Except as provided by Subsection (h), the [The]
810-20 registration insignia for validation of a license plate shall be
810-21 attached to the inside of the vehicle's windshield, if the vehicle
810-22 has a windshield, within six inches of [directly above] the place
810-23 where the motor vehicle inspection sticker is required to be
810-24 placed. If the vehicle does not have a windshield, the owner, when
811-1 applying for registration or renewal of registration, shall notify
811-2 the department, and the department shall issue a distinctive device
811-3 for attachment to the rear license plate of the vehicle.
811-4 (h) The registration insignia for validation of a license
811-5 plate shall be attached to the rear license plate of the vehicle,
811-6 if the vehicle is:
811-7 (1) a motorcycle;
811-8 (2) machinery used exclusively to drill water wells or
811-9 construction machinery for which a distinguishing license plate has
811-10 been issued under Section 502.276; or
811-11 (3) oil well servicing, oil clean out, or oil well
811-12 drilling machinery or equipment for which a distinguishing license
811-13 plate has been issued under Subchapter G, Chapter 623.
811-14 (b) The heading to Section 502.184, Transportation Code, is
811-15 amended to conform to Section 2, Chapter 204 (H.B. No. 1542), Acts
811-16 of the 74th Legislature, Regular Session, 1995, to read as follows:
811-17 Sec. 502.184. REPLACEMENT OF LOST, STOLEN, OR MUTILATED
811-18 LICENSE PLATE OR REGISTRATION INSIGNIA.
811-19 (c) Section 502.184, Transportation Code, is amended to
811-20 conform to Section 2, Chapter 204 (H.B. No. 1542), Acts of the 74th
811-21 Legislature, Regular Session, 1995, by amending Subsections (a),
811-22 (e), and (f) and adding Subsection (i) to read as follows:
811-23 (a) The owner of a registered motor vehicle may obtain from
811-24 the department through the county assessor-collector replacement
812-1 license plates or a replacement registration insignia by:
812-2 (1) filing with the assessor-collector a statement:
812-3 (A) showing that one or both of the license
812-4 plates or the registration insignia to be replaced has [have] been
812-5 lost, stolen, or mutilated; and
812-6 (B) stating that no license plate or
812-7 registration insignia to be replaced will be used on any vehicle
812-8 owned or operated by the person making the statement;
812-9 (2) paying a fee of $5 plus the fee required by
812-10 Section 502.170(a) for each set of replacement license plates or
812-11 each replacement registration insignia, except as provided by
812-12 Subsection (b), [or] (c), or (i); and
812-13 (3) returning to the assessor-collector each replaced
812-14 plate or registration insignia in the owner's possession.
812-15 (e) A county assessor-collector may not issue replacement
812-16 license plates or a replacement registration insignia without
812-17 complying with this section.
812-18 (f) A county assessor-collector shall retain $2.50
812-19 [one-half] of each [a] fee collected under this section and shall
812-20 report and send the remainder to the department as provided by
812-21 Sections 502.102 and 502.105.
812-22 (i) The owner of a vehicle listed in Section 502.180(h) may
812-23 obtain replacement plates and a replacement registration insignia
812-24 by paying a fee of $5 plus the fee required by Section 502.170(a).
813-1 (d) Sections 1 and 2, Chapter 204 (H.B. No. 1542), Acts of
813-2 the 74th Legislature, Regular Session, 1995, are repealed.
813-3 SECTION 30.50. (a) Subchapter E, Chapter 502,
813-4 Transportation Code, is amended to conform to Section 1, Chapter
813-5 453 (H.B. No. 2053), Acts of the 74th Legislature, Regular Session,
813-6 1995, by adding Section 502.2015 to read as follows:
813-7 Sec. 502.2015. LIMITATION ON ISSUANCE OF EXEMPT LICENSE
813-8 PLATES; SEIZURE OF CERTAIN VEHICLES. (a) The department may not
813-9 issue exempt license plates for a vehicle owned by the United
813-10 States, this state, or a political subdivision of this state
813-11 unless, when application is made for registration of the vehicle,
813-12 the person who under Section 502.202 has authority to certify to
813-13 the department that the vehicle qualifies for registration under
813-14 that section also certifies in writing to the department that there
813-15 is printed on each side of the vehicle, in letters that are at
813-16 least two inches high and of a color sufficiently different from
813-17 the body of the vehicle to be clearly legible from a distance of
813-18 100 feet, the name of the agency, department, bureau, board,
813-19 commission, or officer of the United States, this state, or
813-20 political subdivision of this state that has custody of the
813-21 vehicle.
813-22 (b) The department may not issue exempt license plates for a
813-23 vehicle owned by a person other than the United States, this state,
813-24 or a political subdivision of this state unless, when application
814-1 is made for registration of the vehicle, the person who under
814-2 Section 502.202 has authority to certify to the department that the
814-3 vehicle qualifies for registration under that section also
814-4 certifies in writing to the department that the name of the owner
814-5 of the vehicle is printed on the vehicle in the manner prescribed
814-6 by Subsection (a).
814-7 (c) A peace officer listed in Article 2.12, Code of Criminal
814-8 Procedure, may seize a motor vehicle displaying exempt license
814-9 plates if the vehicle is:
814-10 (1) operated on a public highway; and
814-11 (2) not identified in the manner prescribed by
814-12 Subsection (a) or (b).
814-13 (d) A peace officer who seizes a motor vehicle under
814-14 Subsection (c) may require that the vehicle be:
814-15 (1) moved to the nearest place of safety off the
814-16 main-traveled part of the highway; or
814-17 (2) removed and placed in the nearest vehicle storage
814-18 facility designated or maintained by the law enforcement agency
814-19 that employs the peace officer.
814-20 (e) To obtain the release of the vehicle, in addition to any
814-21 other requirement of law, the owner of a vehicle seized under
814-22 Subsection (c) must:
814-23 (1) remedy the defect by identifying the vehicle as
814-24 required by Subsection (a) or (b); or
815-1 (2) agree in writing with the law enforcement agency
815-2 to provide evidence to that agency, before the 10th day after the
815-3 date the vehicle is released, that the defect has been remedied by
815-4 identifying the vehicle as required by Subsection (a) or (b).
815-5 (f) Subsections (a) and (b) do not apply to a law
815-6 enforcement vehicle to which Section 502.206 applies.
815-7 (g) For purposes of this section, an exempt license plate is
815-8 a license plate issued by the department that is plainly marked
815-9 with the word "Exempt."
815-10 (b) Section 1, Chapter 453 (H.B. No. 2053), Acts of the 74th
815-11 Legislature, Regular Session, 1995, is repealed.
815-12 SECTION 30.51. (a) Section 502.252, Transportation Code, is
815-13 amended to conform to Section 1, Chapter 325 (S.B. No. 209),
815-14 Section 1, Chapter 558 (S.B. No. 123), and Section 1, Chapter 164
815-15 (S.B. No. 832), Acts of the 74th Legislature, Regular Session,
815-16 1995, to read as follows:
815-17 Sec. 502.252. CERTAIN SPECIALIZED PLATES AVAILABLE
815-18 PERSONALIZED. A person applying for license plates under Section
815-19 502.2555, 502.258, 502.259, 502.260, 502.261, 502.262, 502.263,
815-20 502.264, 502.265, 502.269, 502.270, 502.271, 502.272, 502.273, [or]
815-21 502.274, 502.289, or 502.291 may:
815-22 (1) have a license plate number assigned by the
815-23 department; or
815-24 (2) apply for personalized prestige license plates
816-1 under Section 502.251.
816-2 (b) Subchapter F, Chapter 502, Transportation Code, is
816-3 amended to conform to Section 1, Chapter 325 (S.B. No. 209), Acts
816-4 of the 74th Legislature, Regular Session, 1995, by adding Section
816-5 502.289 to read as follows:
816-6 Sec. 502.289. PEACE OFFICERS WOUNDED OR KILLED IN LINE OF
816-7 DUTY. (a) The department shall issue specially designed licensed
816-8 plates for a vehicle owned by:
816-9 (1) a person wounded in the line of duty as a peace
816-10 officer; or
816-11 (2) a surviving spouse, parent, or adult child of a
816-12 person killed in the line of duty as a peace officer.
816-13 (b) License plates issued under this section must include
816-14 the words "To Protect and Serve" above an insignia depicting a
816-15 yellow rose superimposed over the outline of a badge.
816-16 (c) The department shall issue license plates under this
816-17 section to a person who:
816-18 (1) applies to the department on a form prescribed by
816-19 the department;
816-20 (2) pays an annual fee of $20, in addition to the fee
816-21 prescribed by Section 502.160 or 502.161, and, if personalized
816-22 prestige license plates are issued, in addition to the fee
816-23 prescribed by Section 502.251; and
816-24 (3) submits proof acceptable to the department that
817-1 the person is eligible under this section.
817-2 (d) If the owner of a vehicle registered under this section
817-3 disposes of the vehicle during the registration year, the owner
817-4 shall return the special license plates to the department.
817-5 (e) The department shall deposit each fee collected under
817-6 this section to the credit of the state highway fund.
817-7 (f) In this section, "peace officer" has the meaning
817-8 assigned by Section 1.07, Penal Code.
817-9 (c) Section 1, Chapter 325 (S.B. No. 209), Acts of the 74th
817-10 Legislature, Regular Session, 1995, is repealed.
817-11 SECTION 30.52. Sections 502.253(b) and (e), Transportation
817-12 Code, are amended to conform to Section 1, Chapter 929 (H.B. No.
817-13 2083), Acts of the 74th Legislature, Regular Session, 1995, to read
817-14 as follows:
817-15 (b) In this section:
817-16 (1) "Disability" and "mobility problem that
817-17 substantially impairs a person's ability to ambulate" have the
817-18 meanings assigned by Section 681.001.
817-19 (2) "Legally blind" means a condition described by
817-20 Section 681.001(2)(B) or (C) [A person has a disability if the
817-21 person has:]
817-22 [(1) mobility problems that substantially impair the
817-23 person's ability to ambulate;]
817-24 [(2) visual acuity of 20/200 or less in the better eye
818-1 with correcting lenses; or]
818-2 [(3) visual acuity of more than 20/200 but with a
818-3 limited field of vision in which the widest diameter of the visual
818-4 field subtends an angle of 20 degrees or less].
818-5 (e) The first application for registration must be
818-6 accompanied by a written statement of a physician licensed to
818-7 practice medicine in this state certifying to the department
818-8 [acceptable medical proof] that the person making the application
818-9 or on whose behalf the application is made is legally blind or has
818-10 a mobility problem that substantially impairs the person's ability
818-11 to ambulate. The statement must include a certification of whether
818-12 a mobility problem, if applicable, is temporary or permanent
818-13 [operator or regularly transported passenger has a permanent
818-14 disability]. A written statement from a physician is not required
818-15 as acceptable medical proof if:
818-16 (1) the person with a disability:
818-17 (A) has had a limb, hand, or foot amputated; or
818-18 (B) must use a wheelchair; and
818-19 (2) the applicant and the county assessor-collector
818-20 issuing the special license plates execute an affidavit attesting
818-21 to the person's disability.
818-22 SECTION 30.53. (a) Subchapter F, Chapter 502,
818-23 Transportation Code, is amended to conform to Section 1, Chapter
818-24 558 (S.B. No. 123), Acts of the 74th Legislature, Regular Session,
819-1 1995, by adding Section 502.2555 to read as follows:
819-2 Sec. 502.2555. AIR FORCE CROSS OR DISTINGUISHED SERVICE
819-3 CROSS, ARMY DISTINGUISHED SERVICE CROSS, NAVY CROSS, OR MEDAL OF
819-4 HONOR RECIPIENTS. (a) The department shall issue specially
819-5 designed license plates for passenger cars and light trucks owned
819-6 by recipients of the Air Force Cross or Distinguished Service
819-7 Cross, the Army Distinguished Service Cross, the Navy Cross, or the
819-8 Medal of Honor.
819-9 (b) License plates issued under this section must include
819-10 the words "Legion of Valor."
819-11 (c) The department shall issue license plates under this
819-12 section to a person who:
819-13 (1) applies to the department on a form prescribed by
819-14 the department;
819-15 (2) pays an annual fee of $3;
819-16 (3) submits proof that the person has been awarded the
819-17 Air Force Cross or Distinguished Service Cross, the Army
819-18 Distinguished Service Cross, the Navy Cross, or the Medal of Honor;
819-19 and
819-20 (4) submits proof that the person is:
819-21 (A) an honorably discharged veteran of the
819-22 United States armed forces; or
819-23 (B) a member of the United States armed forces
819-24 on active duty.
820-1 (d) The department shall send 50 cents of each fee collected
820-2 under this section to the county treasury of the county in which
820-3 the applicant resides. The county treasurer shall credit money
820-4 received under this section to the general fund of the county to
820-5 pay the costs of administering this section.
820-6 (e) A vehicle for which license plates are issued under this
820-7 section is exempt from the fee under Section 502.161.
820-8 (f) A person may be issued only one set of license plates
820-9 under this section.
820-10 (g) If the owner of a vehicle registered under this section
820-11 disposes of the vehicle during the registration year, the owner
820-12 shall return the special license plates to the department. The
820-13 owner may then apply for issuance of those plates to another
820-14 vehicle.
820-15 (b) Section 1, Chapter 558 (S.B. No. 123), Acts of the 74th
820-16 Legislature, Regular Session, 1995, is repealed.
820-17 SECTION 30.54. (a) The heading to Section 502.258,
820-18 Transportation Code, is amended to conform to Section 1, Chapter
820-19 179 (H.B. No. 247), Acts of the 74th Legislature, Regular Session,
820-20 1995, to read as follows:
820-21 Sec. 502.258. [ACTIVE OR RETIRED] MEMBERS OR FORMER MEMBERS
820-22 OF UNITED STATES ARMED FORCES.
820-23 (b) Sections 502.258(a), (c), and (e), Transportation Code,
820-24 are amended to conform to Sections 1 and 2, Chapter 179 (H.B. No.
821-1 247), Acts of the 74th Legislature, Regular Session, 1995, to read
821-2 as follows:
821-3 (a) The department shall issue specially designed license
821-4 plates for passenger cars and light trucks owned by active, [or]
821-5 retired, or honorably discharged members of the United States armed
821-6 forces.
821-7 (c) The department shall issue license plates under this
821-8 section to a person who:
821-9 (1) applies to the department on a form prescribed by
821-10 the department;
821-11 (2) pays the [an] annual fee prescribed by Subsection
821-12 (e) [of $10], in addition to the fee prescribed by Section 502.161,
821-13 and, if personalized prestige license plates are issued, in
821-14 addition to the fee prescribed by Section 502.251; and
821-15 (3) submits proof that the person is eligible under
821-16 this section.
821-17 (e) The annual fee for issuance of license plates under this
821-18 section is:
821-19 (1) $10 for the first set of license plates; and
821-20 (2) $15 for each additional set of license plates [A
821-21 person may be issued only one set of license plates under this
821-22 section].
821-23 (c) Sections 502.259(c), (e), (f), and (g), Transportation
821-24 Code, are amended to conform to Section 2, Chapter 179 (H.B. No.
822-1 247), Acts of the 74th Legislature, Regular Session, 1995, to read
822-2 as follows:
822-3 (c) The department shall issue license plates under this
822-4 section to a person who:
822-5 (1) applies to the department on a form prescribed by
822-6 the department;
822-7 (2) pays an annual fee of:
822-8 (A) $3 for the first set of license plates
822-9 issued under this section; and
822-10 (B) $15 for each additional set of license
822-11 plates issued under this section; and
822-12 (3) submits proof that the person:
822-13 (A) served in the United States armed forces;
822-14 (B) was stationed in the Hawaiian Islands on
822-15 December 7, 1941; and
822-16 (C) survived the attack on Pearl Harbor on
822-17 December 7, 1941.
822-18 (e) A person who registers one or more vehicles under this
822-19 section is entitled to only one exemption [vehicle for which
822-20 license plates are issued under this section is exempt] from the
822-21 fee under Section 502.161.
822-22 (f) [A person may be issued only one set of license plates
822-23 under this section.]
822-24 [(g)] If the owner of a vehicle registered under this
823-1 section disposes of the vehicle during the registration year, the
823-2 owner shall return the special license plates to the department.
823-3 The owner may then apply for issuance of those plates to another
823-4 vehicle.
823-5 (d) Sections 502.260(c), (e), (f), and (g), Transportation
823-6 Code, are amended to conform to Section 2, Chapter 179 (H.B. No.
823-7 247), Acts of the 74th Legislature, Regular Session, 1995, to read
823-8 as follows:
823-9 (c) The department shall issue license plates under this
823-10 section to a person who:
823-11 (1) applies to the department on a form prescribed by
823-12 the department;
823-13 (2) pays an annual fee of:
823-14 (A) $3 for the first set of license plates
823-15 issued under this section; and
823-16 (B) $15 for each additional set of license
823-17 plates issued under this section; and
823-18 (3) submits proof that the person has been awarded the
823-19 Purple Heart and is:
823-20 (A) an honorably discharged veteran of the
823-21 United States armed forces; or
823-22 (B) a member of the United States armed forces
823-23 on active duty.
823-24 (e) A person who registers one or more vehicles under this
824-1 section is entitled to only one exemption [vehicle for which
824-2 license plates are issued under this section is exempt] from the
824-3 fee under Section 502.161.
824-4 (f) [A person may be issued only one set of license plates
824-5 under this section.]
824-6 [(g)] If the owner of a vehicle registered under this
824-7 section disposes of the vehicle during the registration year, the
824-8 owner shall return the special license plates to the department.
824-9 The owner may then apply for issuance of those plates to another
824-10 vehicle.
824-11 (e) Sections 502.261(c) and (e), Transportation Code, are
824-12 amended to conform to Section 2, Chapter 179 (H.B. No. 247), Acts
824-13 of the 74th Legislature, Regular Session, 1995, to read as follows:
824-14 (c) The department shall issue license plates under this
824-15 section to a person who:
824-16 (1) applies to the department on a form prescribed by
824-17 the department;
824-18 (2) pays the [an] annual fee prescribed by Subsection
824-19 (e) [of $10], in addition to the fee prescribed by Section 502.161,
824-20 and, if personalized prestige license plates are issued, in
824-21 addition to the fee prescribed by Section 502.251; and
824-22 (3) submits proof that the person is eligible under
824-23 this section.
824-24 (e) The annual fee for issuance of license plates under this
825-1 section is:
825-2 (1) $10 for the first set of license plates; and
825-3 (2) $15 for each additional set of license plates [A
825-4 person may be issued only one set of Civil Air Patrol license
825-5 plates or Coast Guard Auxiliary license plates].
825-6 (f) Sections 502.262(c) and (e), Transportation Code, are
825-7 amended to conform to Section 2, Chapter 179 (H.B. No. 247), Acts
825-8 of the 74th Legislature, Regular Session, 1995, to read as follows:
825-9 (c) The department shall issue license plates under this
825-10 section to a person who:
825-11 (1) applies to the department on a form prescribed by
825-12 the department;
825-13 (2) pays the [an] annual fee prescribed by Subsection
825-14 (e) [of $10], in addition to the fee prescribed by Section 502.161,
825-15 and, if personalized prestige license plates are issued, in
825-16 addition to the fee prescribed by Section 502.251; and
825-17 (3) submits proof that the person:
825-18 (A) served in the United States armed forces
825-19 after December 6, 1941, and before January 1, 1947; and
825-20 (B) is an honorably discharged veteran of the
825-21 United States armed forces.
825-22 (e) The annual fee for issuance of license plates under this
825-23 section is:
825-24 (1) $10 for the first set of license plates; and
826-1 (2) $15 for each additional set of license plates [A
826-2 person may be issued only one set of license plates under this
826-3 section].
826-4 (g) Sections 502.263(c) and (e), Transportation Code, are
826-5 amended to conform to Section 2, Chapter 179 (H.B. No. 247), Acts
826-6 of the 74th Legislature, Regular Session, 1995, to read as follows:
826-7 (c) The department shall issue license plates under this
826-8 section to a person who:
826-9 (1) applies to the department on a form prescribed by
826-10 the department;
826-11 (2) pays the [an] annual fee prescribed by Subsection
826-12 (e) [of $10], in addition to the fee prescribed by Section 502.161,
826-13 and, if personalized prestige license plates are issued, in
826-14 addition to the fee prescribed by Section 502.251; and
826-15 (3) submits proof that the person:
826-16 (A) served in the United States armed forces
826-17 after June 26, 1950, and before February 1, 1955; and
826-18 (B) is an honorably discharged veteran of the
826-19 United States armed forces.
826-20 (e) The annual fee for issuance of license plates under this
826-21 section is:
826-22 (1) $10 for the first set of license plates; and
826-23 (2) $15 for each additional set of license plates [A
826-24 person may be issued only one set of license plates under this
827-1 section].
827-2 (h) Sections 502.264(c) and (e), Transportation Code, are
827-3 amended to conform to Section 2, Chapter 179 (H.B. No. 247), Acts
827-4 of the 74th Legislature, Regular Session, 1995, to read as follows:
827-5 (c) The department shall issue license plates under this
827-6 section to a person who:
827-7 (1) applies to the department on a form prescribed by
827-8 the department;
827-9 (2) pays the [an] annual fee prescribed by Subsection
827-10 (e) [of $10], in addition to the fee prescribed by Section 502.161,
827-11 and, if personalized prestige license plates are issued, in
827-12 addition to the fee prescribed by Section 502.251; and
827-13 (3) submits proof that the person served in the United
827-14 States armed forces after August 4, 1964, and before May 8, 1975,
827-15 and is:
827-16 (A) an honorably discharged veteran of the
827-17 United States armed forces; or
827-18 (B) a member of the United States armed forces
827-19 on active duty.
827-20 (e) The annual fee for issuance of license plates under this
827-21 section is:
827-22 (1) $10 for the first set of license plates; and
827-23 (2) $15 for each additional set of license plates [A
827-24 person may be issued only one set of license plates under this
828-1 section].
828-2 (i) Sections 502.265(c) and (e), Transportation Code, are
828-3 amended to conform to Section 2, Chapter 179 (H.B. No. 247), Acts
828-4 of the 74th Legislature, Regular Session, 1995, to read as follows:
828-5 (c) The department shall issue license plates under this
828-6 section to a person who:
828-7 (1) applies to the department on a form prescribed by
828-8 the department;
828-9 (2) pays the [an] annual fee prescribed by Subsection
828-10 (e) [of $10], in addition to the fee prescribed by Section 502.161,
828-11 and, if personalized prestige license plates are issued, in
828-12 addition to the fee prescribed by Section 502.251; and
828-13 (3) submits proof that the person:
828-14 (A) served in the United States armed forces and
828-15 was deployed to the Middle East, where the person participated in
828-16 Operation Desert Shield or Desert Storm; and
828-17 (B) is:
828-18 (i) an honorably discharged veteran of the
828-19 United States armed forces or reserve component of the United
828-20 States armed forces; or
828-21 (ii) a member of the United States armed
828-22 forces, the Texas National Guard, or a reserve component of the
828-23 United States armed forces.
828-24 (e) The annual fee for issuance of license plates under this
829-1 section is:
829-2 (1) $10 for the first set of license plates; and
829-3 (2) $15 for each additional set of license plates [A
829-4 person may be issued only one set of license plates under this
829-5 section].
829-6 (j) Section 502.266, Transportation Code, is amended to
829-7 conform to Sections 1 and 2, Chapter 179 (H.B. No. 247), Acts of
829-8 the 74th Legislature, Regular Session, 1995, to read as follows:
829-9 Sec. 502.266. SURVIVING SPOUSES OF CERTAIN MILITARY
829-10 VETERANS. (a) The surviving spouse of a person who was issued
829-11 license plates under Section 502.254 is entitled to continue to
829-12 register one motor vehicle under that section as long as the spouse
829-13 remains unmarried.
829-14 (b) The surviving spouse of a person who would be eligible
829-15 for license plates under Section 502.257[, 502.259, or 502.260] is
829-16 entitled to register one motor vehicle under that section as long
829-17 as the spouse remains unmarried.
829-18 (c) The surviving spouse of a person who was killed in
829-19 action while serving in the United States armed forces is entitled
829-20 to register one or more motor vehicles [vehicle] under Section
829-21 502.258 as long as the spouse remains unmarried.
829-22 (d) The surviving spouse of a person who would be eligible
829-23 for license plates under Section 502.259 or 502.260 is eligible to
829-24 register one or more motor vehicles under that section as long as
830-1 the spouse remains unmarried.
830-2 (e) The surviving spouse of a person who would be eligible
830-3 for license plates under Section 502.264 is eligible to register
830-4 one or more motor vehicles under that section.
830-5 (f) An applicant for registration under this section must
830-6 submit proof of the eligibility of the applicant's deceased spouse
830-7 for registration under Section 502.254, 502.257, 502.258, 502.259,
830-8 [or] 502.260, or 502.264, as applicable.
830-9 (g) [(e)] The county assessor-collector shall require an
830-10 applicant for registration under this section to make a statement
830-11 that the spouse is unmarried. The statement must be sworn if the
830-12 spouse renews a registration under Section 502.257, 502.259, or
830-13 502.260.
830-14 (k) Sections 1 and 2, Chapter 179 (H.B. No. 247), Acts of
830-15 the 74th Legislature, Regular Session, 1995, are repealed.
830-16 SECTION 30.55. Section 502.270, Transportation Code, is
830-17 amended to conform to Section 1(11), Chapter 1058 (H.B. No. 3050),
830-18 Acts of the 74th Legislature, Regular Session, 1995, by amending
830-19 Subsections (d) and (e) and adding Subsections (f)-(h) to read as
830-20 follows:
830-21 (d) The department shall send [deposit] $25 of each fee
830-22 collected under this section to the comptroller for deposit in the
830-23 general revenue fund. If the fee is for the issuance of license
830-24 plates described by Subsection (a)(1), the money shall be deposited
831-1 to the credit of the institution of higher education designated on
831-2 the license plates. If the fee is for the issuance of license
831-3 plates described by Subsection (a)(2), the money shall be deposited
831-4 to the credit of the Texas Higher Education Coordinating Board.
831-5 (e) Money deposited under Subsection (d) may be used only
831-6 for scholarships to students who demonstrate a need for financial
831-7 assistance under Texas Higher Education Coordinating Board rule.
831-8 (f) Money deposited for the issuance of license plates
831-9 described by Subsection (a)(1) is supplementary and is not income
831-10 for purposes of reducing general revenue appropriations to the
831-11 institution of higher education designated on the license plates.
831-12 (g) Money deposited for the issuance of license plates
831-13 described by Subsection (a)(2):
831-14 (1) shall be allocated to students at the college or
831-15 university designated on the plates; and
831-16 (2) is in addition to other money that the board may
831-17 allocate to that college or university.
831-18 (h) [(e)] If the owner of a vehicle registered under this
831-19 section disposes of the vehicle during the registration year, the
831-20 owner shall return the special license plates to the department.
831-21 SECTION 30.56. (a) Section 502.275, Transportation Code, is
831-22 amended to conform to Section 1, Chapter 443 (H.B. No. 1225), Acts
831-23 of the 74th Legislature, Regular Session, 1995, to read as follows:
831-24 Sec. 502.275. CERTAIN EXHIBITION [ANTIQUE] VEHICLES;
832-1 OFFENSE. (a) The department shall issue specially designed
832-2 license plates for a passenger car, truck, or motorcycle that:
832-3 (1) is at least 25 years old;
832-4 (2) is a collector's item;
832-5 (3) is used exclusively for exhibitions, club
832-6 activities, parades, and other functions of public interest, and is
832-7 not used for regular transportation; and
832-8 (4) does not carry advertising.
832-9 (b) Special license plates issued under Subsection (a) [this
832-10 section] must include the words "Antique Auto," "Antique Truck," or
832-11 "Antique Motorcycle," as appropriate.
832-12 (c) In lieu of issuing plates under Subsection (a), the
832-13 department may approve for use license plates presented by the
832-14 owner that were issued by this state in the same year as the model
832-15 year of a vehicle described by Subsection (a). If the department
832-16 approves license plates under this subsection [section], the
832-17 department shall issue a symbol for attachment to one of the
832-18 license plates, as determined by the department, showing the year
832-19 in which the vehicle was registered under this section.
832-20 (d) License plates issued under Subsection (a) or approved
832-21 under Subsection (c) [this section] are valid for a maximum period
832-22 of five years.
832-23 (e) The department shall issue license plates under
832-24 Subsection (a) or approve license plates under Subsection (c) [this
833-1 section] and shall issue a registration receipt to a person who:
833-2 (1) files a sworn written application with the county
833-3 assessor-collector of the county in which the person resides that:
833-4 (A) is on a form provided by the department;
833-5 (B) if the vehicle is a passenger car, truck, or
833-6 motorcycle, contains the make, body style, motor number, age of the
833-7 vehicle, and any other information required by the department; and
833-8 (C) states that the vehicle and the use of the
833-9 vehicle comply with Subsection (a); and
833-10 (2) pays a fee of:
833-11 (A) $10 for each year or portion of a year
833-12 remaining in the five-year registration period, if the vehicle was
833-13 manufactured in 1921 or a later year; or
833-14 (B) $8 for each year or portion of a year
833-15 remaining in the five-year registration period, if the vehicle was
833-16 manufactured before 1921.
833-17 (f) The department shall issue a registration receipt to a
833-18 person who:
833-19 (1) files a sworn written application for registration
833-20 of a former military vehicle with the county assessor-collector of
833-21 the county in which the person resides that:
833-22 (A) is on a form provided by the department;
833-23 (B) contains the information required by the
833-24 department, including:
834-1 (i) the vehicle's year of manufacture; and
834-2 (ii) a description of the vehicle as
834-3 required by the department; and
834-4 (C) states that the vehicle and the use of the
834-5 vehicle comply with Subsections (a)(2)-(4); and
834-6 (2) pays the fee required by Subsection (e)(2).
834-7 (g) A vehicle registered under this section is exempt from
834-8 the registration fee otherwise prescribed by this chapter.
834-9 (h) [(g)] Registration under this section is valid without
834-10 renewal for the period for which the vehicle was registered if the
834-11 vehicle is owned by the same person.
834-12 (i) [(h)] A county assessor-collector may not renew the
834-13 registration of a vehicle under this section until the registered
834-14 owner surrenders to the assessor-collector any [the] license plates
834-15 or symbol and the registration receipt issued for the vehicle for
834-16 the previous period.
834-17 (j) [(i)] If a vehicle registered under this section is
834-18 transferred to another owner or is junked, is destroyed, or
834-19 otherwise ceases to exist, the registration receipt and any license
834-20 plates or symbol are immediately void and the license plates or
834-21 symbol issued under this section shall be sent immediately to the
834-22 department.
834-23 (k) A former military vehicle operated on a public highway
834-24 is not required to display license plates or registration insignia
835-1 if:
835-2 (1) proof of current registration for the vehicle, in
835-3 the form prescribed by the department, is carried in the vehicle;
835-4 and
835-5 (2) the vehicle displays in a prominent location on
835-6 the vehicle a registration mark prescribed by the department.
835-7 (l) The department shall allow use of a unique
835-8 identification mark on a former military vehicle that is similar to
835-9 the mark assigned the vehicle by the armed force in which the
835-10 vehicle was used. If such a mark is not used, the department shall
835-11 designate a registration mark for the vehicle. A registration mark
835-12 designated by the department must consist of numbers or letters, or
835-13 both numbers and letters, that are at least two inches high.
835-14 (m) To the extent possible, the location and design of a
835-15 registration mark for a former military vehicle registered under
835-16 this section must conform to the vehicle's official military design
835-17 and markings.
835-18 (n) [(j)] An owner of a vehicle registered under this
835-19 section who violates this section commits an offense. An offense
835-20 under this section is a misdemeanor punishable by a fine of not
835-21 less than $5 or more than $200.
835-22 (o) In this section, "former military vehicle" means a
835-23 vehicle that:
835-24 (1) has been, but is not currently, used by the armed
836-1 forces of a national government; and
836-2 (2) displays markings indicating it was a military
836-3 vehicle.
836-4 (b) Section 1, Chapter 443 (H.B. No. 1225), Acts of the 74th
836-5 Legislature, Regular Session, 1995, is repealed.
836-6 SECTION 30.57. Section 502.276(a), Transportation Code, is
836-7 amended to more closely conform to the law from which that section
836-8 was derived to read as follows:
836-9 (a) An owner is not required to register a farm tractor, a
836-10 farm trailer[,] or farm semitrailer that has a gross weight of
836-11 4,000 pounds or less, or an implement of husbandry, if the vehicle
836-12 [that] is operated only temporarily on the highways.
836-13 SECTION 30.58. (a) Section 502.280(e), Transportation Code,
836-14 is amended to conform to Section 1, Chapter 733 (H.B. No. 1794),
836-15 Acts of the 74th Legislature, Regular Session, 1995, to read as
836-16 follows:
836-17 (e) In this section, "forestry vehicle" means a vehicle used
836-18 exclusively for transporting forest products in their natural
836-19 state, including logs, debarked logs, untreated ties, stave bolts,
836-20 plywood bolts, pulpwood billets, wood chips, stumps, sawdust, moss,
836-21 bark, wood shavings, and property used in production of those
836-22 products.
836-23 (b) Section 1, Chapter 733 (H.B. No. 1794), Acts of the 74th
836-24 Legislature, Regular Session, 1995, is repealed.
837-1 SECTION 30.59. Section 502.281(c), Transportation Code, is
837-2 amended to conform to the transfer of motor carrier registration
837-3 responsibilities from the Railroad Commission of Texas to the Texas
837-4 Department of Transportation by Chapter 705 (S.B. No. 3), Acts of
837-5 the 74th Legislature, Regular Session, 1995, to read as follows:
837-6 (c) The department shall issue license plates under this
837-7 section to a person engaged in the business of using a tow truck
837-8 who:
837-9 (1) applies on a form prescribed by the department to
837-10 the county assessor-collector of the county in which the person
837-11 resides;
837-12 (2) pays a fee of $15, in addition to the fee
837-13 prescribed by Section 502.162; and
837-14 (3) submits a certified copy of the registration
837-15 certificate [of registration] issued by the department [Railroad
837-16 Commission of Texas] for the tow truck.
837-17 SECTION 30.60. (a) Subchapter F, Chapter 502,
837-18 Transportation Code, is amended to conform to Section 1, Chapter
837-19 441 (H.B. No. 496), Acts of the 74th Legislature, Regular Session,
837-20 1995, by adding Section 502.290 to read as follows:
837-21 Sec. 502.290. FOREIGN ORGANIZATION VEHICLES. (a) The
837-22 department shall issue specially designed license plates for
837-23 passenger cars and light trucks owned by an instrumentality
837-24 established by a foreign government recognized by the United States
838-1 before January 1, 1979, that is without official representation or
838-2 diplomatic relations with the United States.
838-3 (b) A vehicle for which license plates are issued under this
838-4 section is exempt from the fee under Section 502.161.
838-5 (c) License plates issued under this section must include
838-6 the words "Foreign Organization."
838-7 (b) Section 1, Chapter 441 (H.B. No. 496), Acts of the 74th
838-8 Legislature, Regular Session, 1995, is repealed.
838-9 SECTION 30.61. (a) Sections 502.352(a), (c), and (f),
838-10 Transportation Code, are amended to conform to Section 1, Chapter
838-11 875 (S.B. No. 1420), Acts of the 74th Legislature, Regular Session,
838-12 1995, to read as follows:
838-13 (a) The department may issue a temporary permit for a
838-14 commercial motor vehicle, trailer, semitrailer, or motor bus that:
838-15 (1) is owned by a resident of the United States, the
838-16 United Mexican States, or Canada;
838-17 (2) is subject to registration in this state; and
838-18 (3) is not authorized to travel on a public highway
838-19 because of the lack of registration in this state or the lack of
838-20 reciprocity with the state or province in which the vehicle is
838-21 registered.
838-22 (c) A person may obtain a permit under this section by:
838-23 (1) applying to the county assessor-collector or the
838-24 department; [and]
839-1 (2) paying a fee, in cash or by postal money order or
839-2 certified check, of:
839-3 (A) $25 for a 72-hour permit; or
839-4 (B) $50 for a 144-hour permit; and
839-5 (3) furnishing to the assessor-collector or the
839-6 department evidence of financial responsibility for the vehicle,
839-7 the policies to comply with Sections 502.153(c) and 601.168(a) and
839-8 be written by an insurance company or surety company authorized to
839-9 write motor vehicle liability insurance in this state.
839-10 (f) A vehicle issued a permit under this section is subject
839-11 to Subchapters B and F, Chapter 548, unless the vehicle:
839-12 (1) is registered in another state of the United
839-13 States, in a state of the United Mexican States, or in a province
839-14 of Canada; or
839-15 (2) is mobile drilling or servicing equipment used in
839-16 the production of gas, crude petroleum, or oil, including a mobile
839-17 crane or hoisting equipment, mobile lift equipment, forklift, or
839-18 tug.
839-19 (b) Section 1, Chapter 875 (S.B. No. 1420), Acts of the 74th
839-20 Legislature, Regular Session, 1995, is repealed.
839-21 SECTION 30.62. (a) Subchapter F, Chapter 502,
839-22 Transportation Code, is amended to conform to Section 1, Chapter
839-23 164 (S.B. No. 832), Acts of the 74th Legislature, Regular Session,
839-24 1995, by adding Section 502.291 to read as follows:
840-1 Sec. 502.291. UNITED STATES OLYMPIC COMMITTEE LICENSE
840-2 PLATES. (a) The department shall issue specially designed United
840-3 States Olympic Committee license plates for passenger cars and
840-4 light trucks.
840-5 (b) The license plates must include the words "United States
840-6 Olympic Committee" and be of a color, quality, and design approved
840-7 by the United States Olympic Committee.
840-8 (c) The department shall issue license plates under this
840-9 section to a person who:
840-10 (1) applies to the assessor-collector of the county in
840-11 which the person resides on a form provided by the department; and
840-12 (2) pays an annual fee of $20, in addition to the fee
840-13 prescribed by Section 502.161, and, if personalized prestige
840-14 license plates are issued, in addition to the fee prescribed by
840-15 Section 502.251.
840-16 (d) Of each fee collected under this section, the department
840-17 shall deposit $10 to the credit of the state highway fund.
840-18 (e) If the owner of a vehicle registered under this section
840-19 disposes of the vehicle during the registration year, the owner
840-20 shall return the special license plates to the department.
840-21 (b) Section 1, Chapter 164 (S.B. No. 832), Acts of the 74th
840-22 Legislature, Regular Session, 1995, is repealed.
840-23 SECTION 30.63. (a) Section 502.353, Transportation Code, is
840-24 amended to conform to Section 1, Chapter 350 (S.B. No. 981), Acts
841-1 of the 74th Legislature, Regular Session, 1995, to read as follows:
841-2 Sec. 502.353. FOREIGN COMMERCIAL VEHICLES; ANNUAL PERMITS
841-3 [IN COUNTIES BORDERING MEXICO]; OFFENSE. (a) The department may
841-4 issue an annual [a temporary] permit to a foreign commercial motor
841-5 vehicle, trailer, or semitrailer that:
841-6 (1) is subject to registration in this state; and
841-7 (2) is not authorized to travel on a public highway
841-8 because of the lack of registration in this state or the lack of
841-9 reciprocity with the state or country in which the vehicle is
841-10 registered.
841-11 (b) A permit issued under this section:
841-12 (1) is in lieu of registration; and
841-13 (2) is valid for a vehicle registration year to begin
841-14 on the first day of a calendar month designated by the department
841-15 and end on the last day of the last calendar month of the
841-16 registration year [not more than 24 hours, effective from the date
841-17 and time shown on the receipt issued as evidence of registration
841-18 under this section; and]
841-19 [(3) allows a vehicle to transport property between
841-20 the United Mexican States, the county of entry, and a second
841-21 contiguous county bordering the United Mexican States, as specified
841-22 in the permit].
841-23 (c) A permit may not be issued under this section for the
841-24 importation of citrus fruit into this state from a foreign country
842-1 except for foreign export or processing for foreign export.
842-2 (d) A person may obtain a permit under this section by:
842-3 (1) applying to the [county assessor-collector or the]
842-4 department;
842-5 (2) paying a fee in the amount required by Subsection
842-6 (e) [of $5] in cash or by postal money order or certified check;
842-7 and
842-8 (3) furnishing evidence of financial responsibility
842-9 for [that] the motor vehicle [is insured under an insurance policy]
842-10 that complies with Sections 502.153(c) and 601.168(a), the policies
842-11 to be [Section 601.072 and that is] written by an insurance company
842-12 or surety company authorized to write motor vehicle liability
842-13 insurance in this state.
842-14 (e) The fee for a permit under this section is the fee that
842-15 would be required for registering the vehicle under Section 502.162
842-16 or 502.167, except as provided by Subsection (f).
842-17 (f) A vehicle registered under this section is exempt from
842-18 the token fee and is not required to display the associated
842-19 distinguishing license plate if the vehicle:
842-20 (1) is a semitrailer that has a gross weight of more
842-21 than 6,000 pounds; and
842-22 (2) is used or intended to be used in combination with
842-23 a truck tractor or commercial motor vehicle with a manufacturer's
842-24 rated carrying capacity of more than one ton.
843-1 (g) A vehicle registered under this section is not subject
843-2 to the fee required by Section 502.172 or 502.173.
843-3 (h) [A county assessor-collector shall report and send a fee
843-4 collected under this section in the manner provided by Sections
843-5 502.102 and 502.105.]
843-6 [(f)] The department may:
843-7 (1) adopt rules to administer this section; and
843-8 (2) prescribe an application for a permit and other
843-9 forms under this section.
843-10 (i) [(g)] A person who violates this section commits an
843-11 offense. An offense under this section is a misdemeanor punishable
843-12 by a fine not to exceed $200.
843-13 (b) Section 1, Chapter 350 (S.B. No. 981), Acts of the 74th
843-14 Legislature, Regular Session, 1995, is repealed.
843-15 SECTION 30.64. Sections 502.402(b) and (c), Transportation
843-16 Code, are repealed to conform to the repeal of the law from which
843-17 those subsections were derived by Section 9(6), Chapter 34 (S.B.
843-18 No. 178), Acts of the 74th Legislature, Regular Session, 1995.
843-19 SECTION 30.65. Sections 502.408(b), (c), and (d),
843-20 Transportation Code, are repealed to conform to the repeal of the
843-21 law from which those subsections were derived by Section 9(6),
843-22 Chapter 34 (S.B. No. 178), Acts of the 74th Legislature, Regular
843-23 Session, 1995.
843-24 SECTION 30.66. Sections 502.409(c), (d), and (e),
844-1 Transportation Code, are repealed to conform to the repeal of the
844-2 law from which those subsections were derived by Section 9(6),
844-3 Chapter 34 (S.B. No. 178), Acts of the 74th Legislature, Regular
844-4 Session, 1995.
844-5 SECTION 30.67. (a) Section 502.410, Transportation Code, is
844-6 amended to conform more closely to the law from which it was
844-7 derived to read as follows:
844-8 Sec. 502.410. FALSIFICATION OR FORGERY. (a) A person
844-9 commits an offense if the person knowingly provides false or
844-10 incorrect information or without legal authority signs the name of
844-11 another person on a statement or application filed or given as
844-12 required by this chapter.
844-13 (b) Subsection (a) does not apply to a statement or
844-14 application filed or given under Section 502.184, 502.253, 502.267,
844-15 502.281, 502.352, 502.353, 502.354, or 502.355.
844-16 (c) An offense under this section is a felony of the third
844-17 degree.
844-18 (b) The change in law made by Subsection (a) of this section
844-19 to Section 502.410, Transportation Code, does not prohibit a person
844-20 who knowingly provides false or incorrect information or who
844-21 without legal authority signs the name of another person on a
844-22 statement or application filed or given under Section 502.184,
844-23 502.253, 502.267, 502.281, 502.352, 502.353, 502.354, or 502.355,
844-24 Transportation Code, from being prosecuted for the offense under a
845-1 law other than Section 502.410, Transportation Code.
845-2 SECTION 30.68. Section 17, Chapter 705 (S.B. No. 3), Acts of
845-3 the 74th Legislature, Regular Session, 1995, is repealed.
845-4 SECTION 30.69. (a) Section 503.001, Transportation Code, is
845-5 amended to conform to Section 1, Chapter 430 (S.B. No. 1446), Acts
845-6 of the 74th Legislature, Regular Session, 1995, to read as follows:
845-7 Sec. 503.001. DEFINITIONS. In this chapter:
845-8 (1) "Commission" means the Texas Transportation
845-9 Commission.
845-10 (2) "Dealer" means a person who regularly and actively
845-11 buys, sells, or exchanges vehicles at an established and permanent
845-12 location. The term includes a franchised motor vehicle dealer, an
845-13 independent motor vehicle dealer, and a wholesale motor vehicle
845-14 dealer.
845-15 (3) "Department" means the Texas Department of
845-16 Transportation.
845-17 (4) "Drive-a-way operator" means a person who
845-18 transports and delivers a vehicle in this state from the
845-19 manufacturer or another point of origin to a location in this state
845-20 using the vehicle's own power or using the full-mount method, the
845-21 saddle-mount method, the tow-bar method, or a combination of those
845-22 methods.
845-23 (5) "Franchise" has the meaning assigned by the Texas
845-24 Motor Vehicle Commission Code (Article 4413(36), Vernon's Texas
846-1 Civil Statutes).
846-2 (6) "Franchised motor vehicle dealer" means a person
846-3 engaged in the business of buying, selling, or exchanging new motor
846-4 vehicles at an established and permanent place of business under a
846-5 franchise in effect with a motor vehicle manufacturer or
846-6 distributor.
846-7 (7) "Independent motor vehicle dealer" means a dealer
846-8 other than a franchised motor vehicle dealer or a wholesale motor
846-9 vehicle dealer.
846-10 (8) "Manufacturer" means a person who manufactures,
846-11 distributes, or assembles new vehicles.
846-12 (9) [(6)] "Motorcycle" has the meaning assigned by
846-13 Section 502.001.
846-14 (10) [(7)] "Motor vehicle" has the meaning assigned by
846-15 Section 502.001.
846-16 (11) [(8)] "Semitrailer" has the meaning assigned by
846-17 Section 502.001.
846-18 (12) [(9)] "Trailer" has the meaning assigned by
846-19 Section 502.001.
846-20 (13) [(10)] "Vehicle" means a motor vehicle,
846-21 motorcycle, house trailer, trailer, or semitrailer.
846-22 (14) [(11)] "Wholesale motor vehicle auction" means
846-23 the offering of a motor vehicle for sale to the highest bidder
846-24 during a transaction that is one of a series of regular periodic
847-1 transactions that occur at a permanent location.
847-2 (15) "Wholesale motor vehicle dealer" means a dealer
847-3 who sells motor vehicles only to a person who is:
847-4 (A) the holder of a dealer's general
847-5 distinguishing number; or
847-6 (B) a foreign dealer authorized by a law of this
847-7 state or interstate reciprocity agreement to purchase a vehicle in
847-8 this state without remitting the motor vehicle sales tax.
847-9 (b) Sections 503.007(a) and (b), Transportation Code, are
847-10 amended to conform to Section 4, Chapter 430 (S.B. No. 1446), Acts
847-11 of the 74th Legislature, Regular Session, 1995, to read as follows:
847-12 (a) The fee for an original general distinguishing number is
847-13 $500 [$250].
847-14 (b) The fee for the renewal of a general distinguishing
847-15 number is $200 [$100].
847-16 (c) Sections 503.008(a) and (b), Transportation Code, are
847-17 amended to conform to Section 4, Chapter 430 (S.B. No. 1446), Acts
847-18 of the 74th Legislature, Regular Session, 1995, to read as follows:
847-19 (a) The fee for a metal dealer's license plate is $20 [$10].
847-20 (b) The fee for a manufacturer's license plate is $40 [$20].
847-21 (d) Section 503.021, Transportation Code, is amended to
847-22 conform to Section 1, Chapter 430 (S.B. No. 1446), Acts of the 74th
847-23 Legislature, Regular Session, 1995, to read as follows:
847-24 Sec. 503.021. DEALER GENERAL DISTINGUISHING NUMBER. A
848-1 person may not engage in business as a dealer, directly or
848-2 indirectly, including by consignment, without a dealer general
848-3 distinguishing number in one of the six categories described by
848-4 Section 503.029(a)(6) for each location from which the person
848-5 conducts business as a dealer.
848-6 (e) Section 503.029(a), Transportation Code, is amended to
848-7 conform to Section 1, Chapter 430 (S.B. No. 1446), Acts of the 74th
848-8 Legislature, Regular Session, 1995, to read as follows:
848-9 (a) An applicant for an original or renewal dealer general
848-10 distinguishing number must submit to the department a written
848-11 application on a form that:
848-12 (1) is provided by the department;
848-13 (2) contains the information required by the
848-14 department;
848-15 (3) contains information that demonstrates the person
848-16 meets the requirements prescribed by Section 503.032;
848-17 (4) contains information that demonstrates the
848-18 applicant has complied with all applicable state laws and municipal
848-19 ordinances;
848-20 (5) states that the applicant agrees to allow the
848-21 department to examine during working hours the ownership papers for
848-22 each registered or unregistered vehicle in the applicant's
848-23 possession or control; and
848-24 (6) specifies whether the applicant proposes to be a:
849-1 (A) franchised motor vehicle dealer;
849-2 (B) independent motor vehicle dealer;
849-3 (C) wholesale motor vehicle dealer;
849-4 (D) motorcycle dealer;
849-5 (E) house trailer dealer; or
849-6 (F) trailer or semitrailer dealer [in motor
849-7 vehicles, motorcycles, house trailers, or trailers or
849-8 semitrailers].
849-9 (f) Section 503.032(b), Transportation Code, is amended to
849-10 conform to Section 1, Chapter 430 (S.B. No. 1446), Acts of the 74th
849-11 Legislature, Regular Session, 1995, to read as follows:
849-12 (b) An applicant for a general distinguishing number as a
849-13 wholesale motor vehicle dealer is not required to maintain display
849-14 space in accordance with Subsection (a)(3) [if the applicant buys a
849-15 vehicle from, sells a vehicle to, or exchanges vehicles with only
849-16 another dealer who has a general distinguishing number].
849-17 (g) Section 503.034(c), Transportation Code, is amended to
849-18 conform to Section 4, Chapter 430 (S.B. No. 1446), Acts of the 74th
849-19 Legislature, Regular Session, 1995, to read as follows:
849-20 (c) A dealer's general distinguishing number expires on
849-21 March 31 of each year, unless provided otherwise by law or rule of
849-22 the department's Motor Vehicle Board.
849-23 (h) Section 503.036, Transportation Code, is amended to
849-24 conform to Section 2, Chapter 430 (S.B. No. 1446), Acts of the 74th
850-1 Legislature, Regular Session, 1995, to read as follows:
850-2 Sec. 503.036. RIGHTS [REASSIGNMENT] OF DEALER [EVIDENCE OF
850-3 OWNERSHIP]. (a) Except as provided by Subsections (b), (c), and
850-4 (d), a [A] dealer may reassign any basic evidence of ownership,
850-5 including a manufacturer's certificate of origin or a certificate
850-6 of title, for a vehicle owned by the dealer that the dealer is not
850-7 otherwise prohibited by law from selling only if the dealer:
850-8 (1) is licensed by the department's Motor Vehicle
850-9 Board; or
850-10 (2) has filed security as required by Section 503.033.
850-11 (b) A person who holds a franchised motor vehicle dealer's
850-12 general distinguishing number may buy, sell, or exchange a new or
850-13 used motor vehicle and may reassign a manufacturer's certificate of
850-14 origin, a certificate of title, or other basic evidence of
850-15 ownership for a vehicle owned by the person that the person is not
850-16 otherwise prohibited by law from selling.
850-17 (c) A person who holds an independent motor vehicle dealer's
850-18 general distinguishing number may reassign a basic evidence of
850-19 ownership, including a certificate of title, for a vehicle owned by
850-20 the person that the person is not otherwise prohibited by law from
850-21 selling.
850-22 (d) A person who holds a wholesale motor vehicle dealer's
850-23 general distinguishing number may sell a motor vehicle only to a
850-24 person who is:
851-1 (1) a dealer who holds a general distinguishing
851-2 number; or
851-3 (2) a foreign dealer authorized by a law of this state
851-4 or interstate reciprocity agreement to purchase a vehicle in this
851-5 state without remitting the motor vehicle sales tax.
851-6 (i) Section 503.038(a), Transportation Code, is amended to
851-7 conform to Section 3, Chapter 430 (S.B. No. 1446), Acts of the 74th
851-8 Legislature, Regular Session, 1995, to read as follows:
851-9 (a) The department may cancel a dealer's general
851-10 distinguishing number if the dealer:
851-11 (1) files a false or forged title document, including
851-12 an affidavit making application for a certified copy of a title;
851-13 (2) files a false or forged tax document, including a
851-14 sales tax affidavit;
851-15 (3) fails to take assignment of any basic evidence of
851-16 ownership, including a certificate of title or manufacturer's
851-17 certificate, for a vehicle the dealer acquires;
851-18 (4) fails to assign any basic evidence of ownership,
851-19 including a certificate of title or manufacturer's certificate, for
851-20 a vehicle the dealer sells;
851-21 (5) uses or permits the use of a metal dealer's
851-22 license plate or a dealer's temporary cardboard tag on a vehicle
851-23 that the dealer does not own or control or that is not in stock and
851-24 offered for sale;
852-1 (6) makes a material misrepresentation in an
852-2 application or other information filed with the department;
852-3 (7) fails to maintain the qualifications for a general
852-4 distinguishing number;
852-5 (8) fails to provide to the department within 30 days
852-6 after the date of demand by the department satisfactory and
852-7 reasonable evidence that the person is regularly and actively
852-8 engaged in business as a wholesale or retail dealer;
852-9 (9) has been licensed for at least 12 months and has
852-10 not assigned at least five vehicles during the previous 12-month
852-11 period;
852-12 (10) has failed to demonstrate compliance with
852-13 Sections 23.12, 23.121, and 23.122, Tax Code;
852-14 (11) uses or allows the use of the dealer's general
852-15 distinguishing number or the location for which the general
852-16 distinguishing number is issued to avoid the requirements of this
852-17 chapter;
852-18 (12) [(11)] misuses or allows the misuse of a
852-19 temporary cardboard tag authorized under this chapter;
852-20 (13) [(12)] refuses to show on a buyer's temporary
852-21 cardboard tag the date of sale or other reasonable information
852-22 required by the department; or
852-23 (14) [(13)] otherwise violates this chapter or a rule
852-24 adopted under this chapter.
853-1 (j) Section 503.066(e), Transportation Code, is amended to
853-2 conform to Section 4, Chapter 430 (S.B. No. 1446), Acts of the 74th
853-3 Legislature, Regular Session, 1995, to read as follows:
853-4 (e) A license plate issued under this section expires on
853-5 March 31 of the year after the year of issuance, unless provided
853-6 otherwise by law or rule of the department's Motor Vehicle Board.
853-7 (k) Sections 1-4, Chapter 430 (S.B. No. 1446), Acts of the
853-8 74th Legislature, Regular Session, 1995, are repealed.
853-9 SECTION 30.70. (a) Section 503.037, Transportation Code, is
853-10 amended to conform to Section 1, Chapter 537 (S.B. No. 1314), Acts
853-11 of the 74th Legislature, Regular Session, 1995, by amending
853-12 Subsection (b) and adding Subsection (d) to read as follows:
853-13 (b) Except as provided by Subsection (d), a [A] person who
853-14 holds a wholesale motor vehicle auction general distinguishing
853-15 number may not sell a motor vehicle to a person other than a person
853-16 who:
853-17 (1) is a dealer; or
853-18 (2) has a license and, if applicable, a bond issued by
853-19 the appropriate authority of another state or nation.
853-20 (d) Subsection (b) does not prohibit a person who holds a
853-21 wholesale motor vehicle auction general distinguishing number from
853-22 offering for sale a motor vehicle to a person who is not a dealer
853-23 or who does not have a license issued by the appropriate authority
853-24 of another state, if the motor vehicle is owned by:
854-1 (1) this state or a department, agency, or subdivision
854-2 of this state; or
854-3 (2) the United States.
854-4 (b) Section 1, Chapter 537 (S.B. No. 1314), Acts of the 74th
854-5 Legislature, Regular Session, 1995, is repealed.
854-6 SECTION 30.71. (a) Section 520.023, Transportation Code, is
854-7 amended to conform to Section 7, Chapter 1015 (S.B. No. 1445), Acts
854-8 of the 74th Legislature, Regular Session, 1995, to read as follows:
854-9 Sec. 520.023. POWERS AND DUTIES OF DEPARTMENT ON TRANSFER OF
854-10 USED VEHICLE. (a) On receipt of a written notice of transfer from
854-11 the transferor of a motor vehicle, the department shall indicate
854-12 the transfer on the motor vehicle records maintained by the
854-13 department.
854-14 (b) The department may design the written notice of transfer
854-15 to be part of the certificate of title for the vehicle. The form
854-16 shall be provided by the department and must include a place for
854-17 the transferor to state:
854-18 (1) the vehicle identification number of the vehicle;
854-19 (2) the number of the license plate issued to the
854-20 vehicle, if any;
854-21 (3) the full name and address of the transferor;
854-22 (4) the full name and address of the transferee;
854-23 (5) the date the transferor delivered possession of
854-24 the vehicle to the transferee;
855-1 (6) the signature of the transferor; and
855-2 (7) the date the transferor signed the form.
855-3 (c) After the date of the transfer of the vehicle shown on
855-4 the records of the department, the transferee of the vehicle shown
855-5 on the records is rebuttably presumed to be:
855-6 (1) the owner of the vehicle; and
855-7 (2) subject to civil and criminal liability arising
855-8 out of the use, operation, or abandonment of the vehicle, to the
855-9 extent that ownership of the vehicle subjects the owner of the
855-10 vehicle to criminal or civil liability under another provision of
855-11 law.
855-12 (d) The department may adopt:
855-13 (1) rules to implement this section; and
855-14 (2) a fee for filing a notice of transfer under this
855-15 section in an amount not to exceed the lesser of the actual cost to
855-16 the department of implementing this section or $5.
855-17 (e) This section does not impose or establish civil or
855-18 criminal liability on the owner of a motor vehicle who transfers
855-19 ownership of the vehicle but does not disclose the transfer to the
855-20 department.
855-21 (f) This section does not require the department to issue a
855-22 certificate of title to a person shown on a notice of transfer as
855-23 the transferee of a motor vehicle. The department may not issue a
855-24 certificate of title for the vehicle until the transferee applies
856-1 to the county assessor-collector as provided by Chapter 501.
856-2 (b) Section 7, Chapter 1015 (S.B. No. 1445), Acts of the
856-3 74th Legislature, Regular Session, 1995, is repealed.
856-4 SECTION 30.72. Subchapter A, Chapter 521, Transportation
856-5 Code, is amended to more closely conform to the law from which that
856-6 subchapter was derived by adding Section 521.005 to read as
856-7 follows:
856-8 Sec. 521.005. RULEMAKING AUTHORITY. The department may
856-9 adopt rules necessary to administer this chapter.
856-10 SECTION 30.73. (a) Section 521.022(d), Transportation Code,
856-11 is amended to conform to Section 55, Chapter 260 (S.B. No. 1), Acts
856-12 of the 74th Legislature, Regular Session, 1995, to read as follows:
856-13 (d) Before employing a person to operate a school bus, a
856-14 driver's license check shall be made with the department and the
856-15 person's driving record must be acceptable according to standards
856-16 [jointly] developed by [the State Board of Education and] the
856-17 department.
856-18 (b) Section 521.022(e), Transportation Code, is amended to
856-19 more closely conform to the law from which it was derived and to
856-20 conform to Section 55, Chapter 260 (S.B. No. 1) and Section 25,
856-21 Chapter 1009 (S.B. No. 964), Acts of the 74th Legislature, Regular
856-22 Session, 1995, to read as follows:
856-23 (e) Effective on the date and under provisions determined by
856-24 the department [State Board of Education], a school bus operator
857-1 must have in the operator's possession [hold] a certificate that
857-2 states that the operator is enrolled in or has completed a driver
857-3 education [training] course [jointly] approved by the [State Board
857-4 of Education and the] department in school bus safety education.
857-5 The certificate is valid for three years.
857-6 (c) Section 55, Chapter 260 (S.B. No. 1), Acts of the 74th
857-7 Legislature, Regular Session, 1995, is repealed.
857-8 SECTION 30.74. Section 521.023(c), Transportation Code, is
857-9 amended to conform to the transfer of motor carrier registration
857-10 responsibilities from the Railroad Commission of Texas to the Texas
857-11 Department of Transportation by Chapter 705 (S.B. No. 3), Acts of
857-12 the 74th Legislature, Regular Session, 1995, to read as follows:
857-13 (c) This section does not apply to the operator of a vehicle
857-14 operated under a registration [permit or] certificate issued under
857-15 Chapter 643 [by the Railroad Commission of Texas].
857-16 SECTION 30.75. (a) Section 521.101(d), Transportation Code,
857-17 is amended to conform to Section 2, Chapter 669 (S.B. No. 1252),
857-18 Acts of the 74th Legislature, Regular Session, 1995, to read as
857-19 follows:
857-20 (d) The department may require each applicant [An
857-21 application] for an original, [or] renewal, or duplicate personal
857-22 identification certificate to furnish to the department the
857-23 information required by Section 521.142 [must:]
857-24 [(1) be submitted on a form prescribed by the
858-1 department; and]
858-2 [(2) include the information required by the
858-3 department].
858-4 (b) Section 2, Chapter 669 (S.B. No. 1252), Acts of the 74th
858-5 Legislature, Regular Session, 1995, is repealed.
858-6 SECTION 30.76. (a) Subchapter G, Chapter 521,
858-7 Transportation Code, is amended to conform to Section 1, Chapter
858-8 669 (S.B. No. 1252), Acts of the 74th Legislature, Regular Session,
858-9 1995, by adding Section 521.1425 to read as follows:
858-10 Sec. 521.1425. INFORMATION REQUIRED TO BE FURNISHED TO
858-11 DEPARTMENT. The department may require each applicant for an
858-12 original, renewal, or duplicate driver's license to furnish to the
858-13 department the information required by Section 521.142.
858-14 (b) Section 1, Chapter 669 (S.B. No. 1252), Acts of the 74th
858-15 Legislature, Regular Session, 1995, is repealed.
858-16 SECTION 30.77. (a) Subchapter H, Chapter 521,
858-17 Transportation Code, is amended to conform to Section 26, Chapter
858-18 1009 (S.B. No. 964), Acts of the 74th Legislature, Regular Session,
858-19 1995, by amending Section 521.161 and adding Section 521.1655 to
858-20 read as follows:
858-21 Sec. 521.161. EXAMINATION OF LICENSE APPLICANTS. (a)
858-22 Except as otherwise provided by this subchapter, the department
858-23 shall examine each applicant for a driver's license. The
858-24 examination shall be held in the county in which the applicant
859-1 resides or applies not later than the 10th day after the date on
859-2 which the application is made.
859-3 (b) The examination must include:
859-4 (1) a test of the applicant's:
859-5 (A) vision;
859-6 (B) ability to identify and understand highway
859-7 signs in English that regulate, warn, or direct traffic; and
859-8 (C) knowledge of the traffic laws of this state;
859-9 (2) a demonstration of the applicant's ability to
859-10 exercise ordinary and reasonable control in the operation of a
859-11 motor vehicle of the type that the applicant will be licensed to
859-12 operate; and
859-13 (3) any additional examination the department finds
859-14 necessary to determine the applicant's fitness to operate a motor
859-15 vehicle safely.
859-16 (c) The department shall give each applicant the option of
859-17 taking the traffic law and highway sign part of the examination in
859-18 writing in addition to or instead of through a mechanical,
859-19 electronic, or other testing method. If the applicant takes that
859-20 part of the examination in writing in addition to another testing
859-21 method, the applicant is considered to have passed that part of the
859-22 examination if the applicant passes either version of the
859-23 examination. The department shall inform each person taking the
859-24 examination of the person's rights under this subsection.
860-1 (d) On payment of the required fee, an applicant is entitled
860-2 to three examinations of each element under Subsection (b) for each
860-3 application to qualify for a driver's license. If the applicant
860-4 has not qualified after the third examination, the applicant must
860-5 submit a new application accompanied by the required fee.
860-6 (e) [(d)] The department may not issue a driver's license to
860-7 a person who has not passed each examination required under this
860-8 chapter.
860-9 Sec. 521.1655. TESTING BY DRIVER EDUCATION SCHOOL. (a) A
860-10 driver education school licensed under the Texas Driver and Traffic
860-11 Safety Education Act (Article 4413(29c), Vernon's Texas Civil
860-12 Statutes) may administer to a student of that school the vision,
860-13 highway sign, and traffic law parts of the examination required by
860-14 Section 521.161.
860-15 (b) An examination administered under this section complies
860-16 with the examination requirements of this subchapter as to the
860-17 parts of the examination administered.
860-18 (b) Section 26, Chapter 1009 (S.B. No. 964), Acts of the
860-19 74th Legislature, Regular Session, 1995, is repealed.
860-20 SECTION 30.78. (a) Section 521.204, Transportation Code, is
860-21 amended to conform to Section 25, Chapter 1009 (S.B. No. 964), Acts
860-22 of the 74th Legislature, Regular Session, 1995, and to Section 80,
860-23 Chapter 260 (S.B. No. 1), Acts of the 74th Legislature, Regular
860-24 Session, 1995, to read as follows:
861-1 Sec. 521.204. RESTRICTIONS ON MINOR. The department may
861-2 issue a Class C driver's license to an applicant under 18 years of
861-3 age only if the applicant:
861-4 (1) is 16 years of age or older;
861-5 (2) has submitted to the department a driver education
861-6 certificate issued under Section 9A, Texas Driver and Traffic
861-7 Safety Education Act (Article 4413(29c), Vernon's Texas Civil
861-8 Statutes), that states that the person has completed and passed a
861-9 driver education [training] course approved by the department under
861-10 Section 521.205 or by the Texas [Central] Education Agency;
861-11 (3) has obtained a high school diploma or its
861-12 equivalent or is a student:
861-13 (A) enrolled in a public school, home school, or
861-14 private school who attended school for at least 80 days in the fall
861-15 or spring semester preceding the date of the driver's license
861-16 application; or
861-17 (B) who has been enrolled for at least 45 days,
861-18 and is enrolled as of the date of the application, in a program to
861-19 prepare persons to pass the high school equivalency exam; and
861-20 (4) has passed the examination required by Section
861-21 521.161.
861-22 (b) Section 25, Chapter 1009 (S.B. No. 964), Acts of the
861-23 74th Legislature, Regular Session, 1995, is repealed.
861-24 SECTION 30.79. (a) Subchapter J, Chapter 521,
862-1 Transportation Code, is amended to conform to Section 30, Chapter
862-2 1009 (S.B. No. 964), Acts of the 74th Legislature, Regular Session,
862-3 1995, by adding Section 521.205 to read as follows:
862-4 Sec. 521.205. DEPARTMENT-APPROVED COURSES. (a) The
862-5 department by rule shall provide for approval of a driver education
862-6 course conducted by the parent or legal guardian of a person who is
862-7 required to complete a driver education course to obtain a Class C
862-8 license. The rules must provide that:
862-9 (1) the parent or guardian be a licensed driver;
862-10 (2) the student driver spend a minimum number of hours
862-11 in:
862-12 (A) classroom instruction; and
862-13 (B) behind-the-wheel instruction;
862-14 (3) the parent or guardian not be convicted of:
862-15 (A) criminally negligent homicide; or
862-16 (B) driving while intoxicated; and
862-17 (4) the parent or guardian not be disabled because of
862-18 mental illness.
862-19 (b) The department may not approve a course unless it
862-20 determines that the course materials are at least equal to those
862-21 required in a course approved by the Texas Education Agency, except
862-22 that the department may not require that:
862-23 (1) the classroom instruction be provided in a room
862-24 with particular characteristics or equipment; or
863-1 (2) the vehicle used for the behind-the-wheel
863-2 instruction have equipment other than the equipment otherwise
863-3 required by law for operation of the vehicle on a highway while the
863-4 vehicle is not being used for driver training.
863-5 (c) The rules must provide a method by which:
863-6 (1) approval of a course is obtained; and
863-7 (2) an applicant submits proof of completion of the
863-8 course.
863-9 (d) Completion of a driver education course approved under
863-10 this section has the same effect under this chapter as completion
863-11 of a driver education course approved by the Texas Education
863-12 Agency.
863-13 (b) Section 30, Chapter 1009 (S.B. No. 964), Acts of the
863-14 74th Legislature, Regular Session, 1995, is repealed.
863-15 SECTION 30.80. (a) Section 521.222, Transportation Code, is
863-16 amended to conform to Section 27, Chapter 1009 (S.B. No. 964), Acts
863-17 of the 74th Legislature, Regular Session, 1995, to read as follows:
863-18 Sec. 521.222. INSTRUCTION PERMIT. (a) The department or a
863-19 driver education school licensed under the Texas Driver and Traffic
863-20 Safety Education Act (Article 4413(29c), Vernon's Texas Civil
863-21 Statutes) may issue an instruction permit, including a Class A or
863-22 Class B driver's license instruction permit, to a person who:
863-23 (1) is 15 years of age or older but under 18 years of
863-24 age;
864-1 (2) has satisfactorily completed and passed the
864-2 classroom phase of an approved driver education course, which may
864-3 be a course approved under Section 521.205;
864-4 (3) meets the requirements imposed under Section
864-5 521.204(3) [521.204]; and
864-6 (4) has passed each examination required under Section
864-7 521.161 other than the driving test.
864-8 (b) The department may issue an instruction permit to a
864-9 person 18 years of age or older who has successfully passed all
864-10 parts of the driver's examination required under Section 521.161
864-11 other than the driving test.
864-12 (c) A driver education school may issue an instruction
864-13 permit to a person 18 years of age or older who has successfully
864-14 passed:
864-15 (1) a six-hour adult classroom driver education course
864-16 approved by the Texas Education Agency; and
864-17 (2) each part of the driver's examination required by
864-18 Section 521.161 other than the driving test.
864-19 (d) An instruction permit entitles the holder to operate a
864-20 type of motor vehicle on a highway while:
864-21 (1) the permit is in the holder's possession; and
864-22 (2) the holder is accompanied by a person occupying
864-23 the seat by the operator who:
864-24 (A) holds a license that qualifies the operator
865-1 to operate that type of vehicle;
865-2 (B) is 18 years of age or older; and
865-3 (C) has at least one year of driving experience.
865-4 (e) [(d)] An instruction permit is not required to include a
865-5 photograph.
865-6 (b) Section 27, Chapter 1009 (S.B. No. 964), Acts of the
865-7 74th Legislature, Regular Session, 1995, is repealed.
865-8 SECTION 30.81. (a) Section 521.223(b), Transportation Code,
865-9 is amended to conform to Section 31, Chapter 1009 (S.B. No. 964),
865-10 Acts of the 74th Legislature, Regular Session, 1995, to read as
865-11 follows:
865-12 (b) An applicant for a license under Subsection (a) must be
865-13 15 years of age or older and must:
865-14 (1) have passed a driver education [training] course
865-15 approved by the department, which may be a course approved under
865-16 Section 521.205; and
865-17 (2) pass the examination required by Section 521.161.
865-18 (b) Section 31, Chapter 1009 (S.B. No. 964), Acts of the
865-19 74th Legislature, Regular Session, 1995, is repealed.
865-20 SECTION 30.82. Section 521.223, Transportation Code, is
865-21 amended to more closely conform to the law from which it was
865-22 derived by adding Subsection (f) to read as follows:
865-23 (f) In the manner provided by Subchapter N, the department
865-24 may suspend a license issued under this section if the holder of
866-1 the license is convicted of a moving violation.
866-2 SECTION 30.83. (a) Sections 521.242(a), (b), and (d),
866-3 Transportation Code, are amended to conform to Section 75, Chapter
866-4 318 (S.B. No. 15), Acts of the 74th Legislature, Regular Session,
866-5 1995, to read as follows:
866-6 (a) A person whose license has been suspended for a cause
866-7 other than a physical or mental disability or impairment or a
866-8 conviction under Section 49.04 [or 49.07], Penal Code, may apply
866-9 for an occupational license by filing a verified petition with the
866-10 judge of the county court or district court with jurisdiction in
866-11 the county in which:
866-12 (1) the person resides; or
866-13 (2) the offense occurred for which the license was
866-14 suspended.
866-15 (b) A person may apply for an occupational license by filing
866-16 a verified petition only with the judge of the county court or
866-17 district court in which the person was convicted if:
866-18 (1) the person's license has been automatically
866-19 suspended or canceled under this chapter or Chapter 522 for a
866-20 conviction of an offense under the laws of this state [Section
866-21 49.04 or 49.07, Penal Code]; and
866-22 (2) the person has not been issued, in the 10 years
866-23 preceding the date of the filing of the petition, more than one
866-24 occupational license after a conviction under the laws of this
867-1 state [Section 49.04 or 49.07, Penal Code, or Article 6701l-2,
867-2 Revised Statutes, as that law existed before January 1, 1984].
867-3 (d) A petition filed under Subsection (b) must state that
867-4 the petitioner was convicted in that court for an offense under the
867-5 laws of this state [Section 49.04 or 49.07, Penal Code].
867-6 (b) Section 75, Chapter 318 (S.B. No. 15), Acts of the 74th
867-7 Legislature, Regular Session, 1995, is repealed.
867-8 SECTION 30.84. (a) Section 521.246(b), Transportation Code,
867-9 is amended to conform to Section 76, Chapter 318 (S.B. No. 15),
867-10 Acts of the 74th Legislature, Regular Session, 1995, to read as
867-11 follows:
867-12 (b) As part of the order the judge may [shall] restrict the
867-13 person to the operation of a motor vehicle equipped with an
867-14 ignition interlock device if the judge determines that[:]
867-15 [(1)] the person's license has been suspended
867-16 following a conviction [person has one or more convictions] under
867-17 Section 49.04, 49.07, or 49.08, Penal Code. As part of the order,
867-18 the judge shall restrict the person to the operation of a motor
867-19 vehicle equipped with an ignition interlock device if the judge
867-20 determines that:[;]
867-21 (1) [(2)] the person has two or more convictions under
867-22 any combination of Section 49.04, 49.07, or 49.08, Penal Code; or
867-23 (2) [(3)] the person's license has been suspended
867-24 after a conviction under Section 49.04, Penal Code, for which the
868-1 person has been punished under Section 49.09, Penal Code.
868-2 (b) Section 521.247(b), Transportation Code, is amended to
868-3 conform to Section 76, Chapter 318 (S.B. No. 15), Acts of the 74th
868-4 Legislature, Regular Session, 1995, to read as follows:
868-5 (b) The department by rule shall establish general standards
868-6 for the calibration and maintenance of the devices. The
868-7 manufacturer or an authorized representative of the manufacturer is
868-8 responsible for calibrating and maintaining the device.
868-9 (c) Section 76, Chapter 318 (S.B. No. 15), Acts of the 74th
868-10 Legislature, Regular Session, 1995, is repealed.
868-11 SECTION 30.85. (a) Subchapter L, Chapter 521,
868-12 Transportation Code, is amended to conform to Section 80, Chapter
868-13 318 (S.B. No. 15), Acts of the 74th Legislature, Regular Session,
868-14 1995, by adding Section 521.2465 to read as follows:
868-15 Sec. 521.2465. RESTRICTED LICENSE. (a) On receipt of
868-16 notice that a person has been restricted to the use of a motor
868-17 vehicle equipped with an ignition interlock device, the department
868-18 shall notify that person that the person's driver's license expires
868-19 on the 30th day after the date of the notice. On application by
868-20 the person and payment of a fee of $10, the department shall issue
868-21 a special restricted license that authorizes the person to operate
868-22 only a motor vehicle equipped with an ignition interlock device.
868-23 (b) On receipt of a copy of a court order removing the
868-24 restriction, the department shall issue the person a driver's
869-1 license without the restriction.
869-2 (b) Section 80, Chapter 318 (S.B. No. 15), Acts of the 74th
869-3 Legislature, Regular Session, 1995, is repealed.
869-4 SECTION 30.86. (a) Subchapter L, Chapter 521,
869-5 Transportation Code, is amended to conform to Section 81, Chapter
869-6 318 (S.B. No. 15), Acts of the 74th Legislature, Regular Session,
869-7 1995, by adding Section 521.2475 to read as follows:
869-8 Sec. 521.2475. IGNITION INTERLOCK DEVICE EVALUATION. (a)
869-9 On January 1 of each year, the department shall issue an evaluation
869-10 of each ignition interlock device approved under Section 521.247
869-11 using guidelines established by the National Highway Traffic Safety
869-12 Administration, including:
869-13 (1) whether the device provides accurate detection of
869-14 alveolar air;
869-15 (2) the moving retest abilities of the device;
869-16 (3) the use of tamper-proof blood alcohol content
869-17 level software by the device;
869-18 (4) the anticircumvention design of the device;
869-19 (5) the recalibration requirements of the device; and
869-20 (6) the breath action required by the operator.
869-21 (b) The department shall assess the cost of preparing the
869-22 evaluation equally against each manufacturer of an approved device.
869-23 (b) Section 81, Chapter 318 (S.B. No. 15), Acts of the 74th
869-24 Legislature, Regular Session, 1995, is repealed.
870-1 SECTION 30.87. (a) Section 521.272, Transportation Code, is
870-2 repealed to conform to the repeal of the law from which it was
870-3 derived by Section 3, Chapter 669 (S.B. No. 1252), Acts of the
870-4 74th Legislature, Regular Session, 1995.
870-5 (b) Section 3, Chapter 669 (S.B. No. 1252), Acts of the 74th
870-6 Legislature, Regular Session, 1995, is repealed.
870-7 SECTION 30.88. Section 521.293(d), Transportation Code, is
870-8 amended to more closely conform to the law from which it was
870-9 derived to read as follows:
870-10 (d) The hearing shall be conducted not less [later] than 10
870-11 days [the 10th day] after the date of the notification required by
870-12 Section 521.291. The presiding officer shall set the case for
870-13 hearing at the earliest practical time.
870-14 SECTION 30.89. (a) Section 521.294(d), Transportation Code,
870-15 is amended to conform to Section 1, Chapter 512 (H.B. No. 2035),
870-16 Acts of the 74th Legislature, Regular Session, 1995, and to Section
870-17 2, Chapter 434 (S.B. No. 1504), Acts of the 74th Legislature,
870-18 Regular Session, 1995, to read as follows:
870-19 (d) The presiding officer shall determine whether a person's
870-20 license should be revoked because the person:
870-21 (1) is incapable of safely operating a motor vehicle;
870-22 (2) has not complied with the terms of a citation
870-23 issued by a jurisdiction that is a party to the Nonresident
870-24 Violator Compact of 1977 for a traffic violation to which that
871-1 compact applies;
871-2 (3) [has an outstanding arrest warrant for failure to
871-3 appear or pay a fine on a complaint involving a violation of a
871-4 traffic law issued by a municipality that has contracted with the
871-5 department under Chapter 702;]
871-6 [(4)] has failed to provide medical records or has
871-7 failed to undergo medical or other examinations as required by a
871-8 panel of the medical advisory board;
871-9 (4) [(5)] has failed to pass an examination required
871-10 by the director under this chapter; [or]
871-11 (5) [(6)] has been reported by a court under Section
871-12 729.003 for failure to appear or for default in payment of a fine
871-13 unless the court files an additional report on final disposition of
871-14 the case; or
871-15 (6) has been reported by a justice or municipal court
871-16 for failure to appear or for a default in payment of a fine for a
871-17 misdemeanor punishable only by fine, other than a failure or
871-18 default reported under Section 729.003, committed by a person
871-19 younger than 17 years of age when the offense was committed, unless
871-20 the court files an additional report on final disposition of the
871-21 case.
871-22 (b) Section 1, Chapter 512 (H.B. No. 2035), Acts of the 74th
871-23 Legislature, Regular Session, 1995, is repealed.
871-24 (c) Section 2, Chapter 434 (S.B. No. 1504), Acts of the 74th
872-1 Legislature, Regular Session, 1995, is repealed.
872-2 (d) Section 521.294(e), Transportation Code, is amended to
872-3 conform to the repeal of the law from which Section 521.294(d)(3)
872-4 of that code was derived by Section 2, Chapter 434, Acts of the
872-5 74th Legislature, Regular Session, 1995, to read as follows:
872-6 (e) The presiding officer shall report the officer's
872-7 determination to the department. [If the presiding officer makes
872-8 an affirmative determination under Subsection (d)(3), the presiding
872-9 officer shall report to the department to revoke the person's
872-10 license until notice to reinstate the license is received under
872-11 Section 702.004(c).]
872-12 SECTION 30.90. Section 521.306(c), Transportation Code, is
872-13 amended to conform to the redesignation of Section 521.294(d)(6) of
872-14 that code as Section 521.294(d)(5) by this Act to read as follows:
872-15 (c) The department may not reinstate a license suspended
872-16 under Section 521.294(d)(5) [521.294(d)(6)] until the court that
872-17 filed the report for which the license was suspended files an
872-18 additional report on final disposition of the case.
872-19 SECTION 30.91. (a) Section 521.310, Transportation Code, is
872-20 amended to conform to Section 3, Chapter 434 (S.B. No. 1504), Acts
872-21 of the 74th Legislature, Regular Session, 1995, to read as follows:
872-22 Sec. 521.310. DENIAL OF LICENSE RENEWAL [REVOCATION] AFTER
872-23 [MUNICIPAL] WARNING. The [(a) After a hearing under Section
872-24 521.291, the] department may deny the renewal of [revoke] the
873-1 driver's license [operating privilege] of a person about whom the
873-2 department has received information [from a municipality] under
873-3 Section 706.004 until [702.004.]
873-4 [(b) If the department revokes an operating privilege under
873-5 this section, the department shall prohibit the person from
873-6 obtaining a driver's license. The prohibition expires on] the date
873-7 the department receives a notification from the political
873-8 subdivision [municipality] under Section 706.005 that there is no
873-9 cause to deny the renewal based on the person's previous failure to
873-10 appear for a complaint, citation, or court order to pay a fine
873-11 involving a violation of a traffic law [Section 702.004 to
873-12 reinstate the person's operating privilege].
873-13 (b) Section 3, Chapter 434 (S.B. No. 1504), Acts of the 74th
873-14 Legislature, Regular Session, 1995, is repealed.
873-15 SECTION 30.92. (a) Section 521.312, Transportation Code, is
873-16 amended to conform to Section 1, Chapter 640 (H.B. No. 2389), Acts
873-17 of the 74th Legislature, Regular Session, 1995, and to Section 3,
873-18 Chapter 1039 (H.B. No. 2029), Acts of the 74th Legislature, Regular
873-19 Session, 1995, to read as follows:
873-20 Sec. 521.312. REVOCATION FOR MEDICAL REASONS. (a) A person
873-21 may not operate a motor vehicle if the person:
873-22 (1) is a chemically dependent person who:
873-23 (A) is likely to cause serious harm to the
873-24 person or to others; or
874-1 (B) will, if not treated, continue to suffer
874-2 abnormal mental, emotional, or physical distress, or to deteriorate
874-3 in ability to function independently [addicted to the use of
874-4 alcohol or a controlled substance]; or
874-5 (2) has been determined by a judgment of a court to be
874-6 totally incapacitated or incapacitated to act as the operator of a
874-7 motor vehicle [mentally incompetent and has not been:]
874-8 [(A) restored to competency by judicial decree;
874-9 or]
874-10 [(B) released from a hospital for the mentally
874-11 incompetent on a certificate by the superintendent of the hospital
874-12 that the person is competent].
874-13 (b) The driver's license of a [A finding that the] person is
874-14 revoked on:
874-15 (1) the judgment of a court that the person is totally
874-16 incapacitated or incapacitated to act as the operator of a motor
874-17 vehicle; or
874-18 (2) the order of a court of involuntary treatment of
874-19 the person under Subchapter D, Chapter 462, Health and Safety Code
874-20 [addicted to the use of alcohol or a controlled substance must be
874-21 based on a court determination that the person is psychologically
874-22 or physiologically dependent on the alcohol or controlled
874-23 substance].
874-24 (c) If the person has not been issued a driver's license,
875-1 the judgment or order of a court under Subsection (b) automatically
875-2 prohibits the department from issuing a driver's license to the
875-3 person [A court finding that a person is mentally incompetent or
875-4 addicted to the use of alcohol or a controlled substance must
875-5 include an order for the revocation of the person's driver's
875-6 license].
875-7 (d) The clerk of the court that renders a judgment or enters
875-8 an order under Subsection (b) shall notify [certify the finding to]
875-9 the department of the court's judgment or order before [not later
875-10 than] the 10th day after the date the court renders the judgment or
875-11 enters the order [that the findings are made].
875-12 (e) The revocation of a driver's license under Subsection
875-13 (b) or the prohibition against the issuance of a driver's license
875-14 under Subsection (c) expires on the date on which:
875-15 (1) the person is:
875-16 (A) restored to capacity by judicial decree; or
875-17 (B) released from a hospital for the mentally
875-18 incapacitated on a certificate of the superintendent or
875-19 administrator that the person has regained capacity; or
875-20 (2) the order of involuntary treatment of the
875-21 chemically dependent person expires.
875-22 (f) Before the 10th day after the date under Subsection
875-23 (e)(1)(A) or (2), the clerk of the appropriate court shall notify
875-24 the department that:
876-1 (1) the person has been restored to capacity by
876-2 judicial decree; or
876-3 (2) the order of involuntary treatment has expired or
876-4 has been terminated under Section 462.080(d), Health and Safety
876-5 Code.
876-6 (g) Before the 10th day after the date under Subsection
876-7 (e)(1)(B), the superintendent or administrator of the hospital
876-8 shall notify the department that the person has been released from
876-9 the hospital on a certificate that the person has regained
876-10 capacity.
876-11 (h) In this section:
876-12 (1) "Chemically dependent person" means a person with
876-13 chemical dependency.
876-14 (2) "Chemical dependency" and "treatment" have the
876-15 meanings assigned those terms by Section 462.001, Health and Safety
876-16 Code.
876-17 (b) Section 1, Chapter 640 (H.B. No. 2389), Acts of the 74th
876-18 Legislature, Regular Session, 1995, is repealed.
876-19 (c) Section 3, Chapter 1039 (H.B. No. 2029), Acts of the
876-20 74th Legislature, Regular Session, 1995, is repealed.
876-21 SECTION 30.93. (a) Section 521.341, Transportation Code, is
876-22 amended to conform to Section 3, Chapter 708 (S.B. No. 281), Acts
876-23 of the 74th Legislature, Regular Session, 1995, to read as follows:
876-24 Sec. 521.341. REQUIREMENTS FOR AUTOMATIC LICENSE SUSPENSION.
877-1 Except as provided by Sections 521.344(d)-(i), a license is
877-2 automatically suspended on final conviction of the license holder
877-3 of:
877-4 (1) an offense under Section 19.05, Penal Code,
877-5 committed as a result of the holder's criminally negligent
877-6 operation of a motor vehicle;
877-7 (2) an offense under Section 38.04, Penal Code;
877-8 (3) an offense under Section 49.04 or 49.08 [49.07],
877-9 Penal Code[, committed as a result of the introduction of alcohol
877-10 into the body];
877-11 (4) [(3)] an offense under Section 49.07 [49.08],
877-12 Penal Code, if the person used a motor vehicle in the commission of
877-13 the offense;
877-14 (5) [(4)] an offense punishable as a felony under the
877-15 motor vehicle laws of this state;
877-16 (6) [(5)] an offense under Section 550.021; or
877-17 (7) [(6)] an offense under Section 521.451 or 521.453.
877-18 (b) Section 3, Chapter 708 (S.B. No. 281), Acts of the 74th
877-19 Legislature, Regular Session, 1995, is repealed.
877-20 SECTION 30.94. (a) Section 521.342(a), Transportation Code,
877-21 is amended to conform to Section 77, Chapter 318 (S.B. No. 15),
877-22 Acts of the 74th Legislature, Regular Session, 1995, to read as
877-23 follows:
877-24 (a) Except as provided by Section 521.344, the [The] license
878-1 of a person who was under 21 years of age at the time of the
878-2 offense, other than an offense classified as a misdemeanor
878-3 punishable by fine only, is automatically suspended on conviction
878-4 of:
878-5 (1) an offense under Section 49.04 or 49.07, Penal
878-6 Code, committed as a result of the introduction of alcohol into the
878-7 body;
878-8 (2) an offense under the Alcoholic Beverage Code
878-9 involving the manufacture, delivery, possession, transportation, or
878-10 use of an alcoholic beverage;
878-11 (3) a misdemeanor offense under Chapter 481, Health
878-12 and Safety Code, for which Subchapter P does not require the
878-13 automatic suspension of the license;
878-14 (4) an offense under Chapter 483, Health and Safety
878-15 Code, involving the manufacture, delivery, possession,
878-16 transportation, or use of a dangerous drug; or
878-17 (5) an offense under Chapter 484, Health and Safety
878-18 Code, involving the manufacture, delivery, possession,
878-19 transportation, or use of a volatile chemical.
878-20 (b) Section 77, Chapter 318 (S.B. No. 15), Acts of the 74th
878-21 Legislature, Regular Session, 1995, is repealed.
878-22 SECTION 30.95. (a) Section 521.342(b), Transportation Code,
878-23 is amended to conform to Section 79, Chapter 318 (S.B. No. 15),
878-24 Acts of the 74th Legislature, Regular Session, 1995, to read as
879-1 follows:
879-2 (b) The department shall suspend for one year the license of
879-3 a person who is under 21 years of age and is convicted of an
879-4 offense under Section 49.04, 49.07, or 49.08, Penal Code,
879-5 regardless of whether the person is required to attend an
879-6 educational program under Section 13(h), Article 42.12, Code of
879-7 Criminal Procedure, that is designed to rehabilitate persons who
879-8 have operated motor vehicles while intoxicated, unless the person
879-9 is placed under community supervision under that article and is
879-10 required as a condition of the community supervision to not operate
879-11 a motor vehicle unless the vehicle is equipped with the device
879-12 described by Section 13(i) of that article. If the person is
879-13 required to attend such a program and does not complete the program
879-14 before the end of the person's suspension, the department shall
879-15 suspend the person's license or continue the suspension, as
879-16 appropriate, until the department receives proof that the person
879-17 has successfully completed the program. A person who completes the
879-18 program may submit proof of the completion to the clerk of the
879-19 convicting court. The clerk shall send the proof to the department
879-20 in the manner provided by Section 13(h), Article 42.12, Code of
879-21 Criminal Procedure.
879-22 (b) Section 79, Chapter 318 (S.B. No. 15), Acts of the 74th
879-23 Legislature, Regular Session, 1995, is repealed.
879-24 SECTION 30.96. (a) Section 521.344(d), Transportation Code,
880-1 is amended to conform to Section 78, Chapter 318 (S.B. No. 15),
880-2 Acts of the 74th Legislature, Regular Session, 1995, to read as
880-3 follows:
880-4 (d) Except as provided by Subsection (e) and Section
880-5 521.342(b), during a period of probation the department may not
880-6 revoke the person's license if the person is required under Section
880-7 13(h) or (j), Article 42.12, Code of Criminal Procedure, to
880-8 successfully complete an educational program designed to
880-9 rehabilitate persons who have operated motor vehicles while
880-10 intoxicated. The department may not revoke the license of a
880-11 person:
880-12 (1) for whom the jury has recommended that the license
880-13 not be revoked under Section 13(g), Article 42.12, Code of Criminal
880-14 Procedure; or
880-15 (2) who is placed under community supervision under
880-16 that article and is required as a condition of community
880-17 supervision to not operate a motor vehicle unless the vehicle is
880-18 equipped with the device described by Section 13(i) of that
880-19 article.
880-20 (b) Section 78, Chapter 318 (S.B. No. 15), Acts of the 74th
880-21 Legislature, Regular Session, 1995, is repealed.
880-22 SECTION 30.97. (a) Section 521.345, Transportation Code, is
880-23 amended to conform to Section 2, Chapter 615 (H.B. No. 1375), Acts
880-24 of the 74th Legislature, Regular Session, 1995, to read as follows:
881-1 Sec. 521.345. SUSPENSION ON ORDER OF JUVENILE COURT OR ON
881-2 ORDER OF COURT BASED ON ALCOHOLIC BEVERAGE VIOLATION BY MINOR. (a)
881-3 The department shall suspend the license of a person on receipt of
881-4 an order to suspend the license that is issued by:
881-5 (1) a juvenile court under Section 54.042, Family
881-6 Code; or
881-7 (2) a court under Section 106.115, Alcoholic Beverage
881-8 Code.
881-9 (b) The period of suspension is for the period specified in
881-10 the order.
881-11 (b) Section 2, Chapter 615 (H.B. No. 1375), Acts of the 74th
881-12 Legislature, Regular Session, 1995, is repealed.
881-13 SECTION 30.98. (a) Section 521.457(a), Transportation Code,
881-14 is amended to conform to Section 4, Chapter 434 (S.B. No. 1504),
881-15 Acts of the 74th Legislature, Regular Session, 1995, to read as
881-16 follows:
881-17 (a) A person commits an offense if the person operates a
881-18 motor vehicle on a highway:
881-19 (1) after the person's driver's license has been
881-20 canceled under this chapter if the person does not have a license
881-21 that was subsequently issued under this chapter;
881-22 (2) during a period that the person's driver's license
881-23 or privilege is suspended or revoked under:
881-24 (A) this chapter;
882-1 (B) Chapter 524;
882-2 (C) Chapter 724; or
882-3 (D) Article 42.12, Code of Criminal Procedure;
882-4 [or]
882-5 (3) while the person's driver's license is expired if
882-6 the license expired during a period of suspension imposed under:
882-7 (A) this chapter;
882-8 (B) Chapter 524;
882-9 (C) Chapter 724; or
882-10 (D) Article 42.12, Code of Criminal Procedure;
882-11 or
882-12 (4) after renewal of the person's driver's license has
882-13 been denied under Chapter 706, if the person does not have a
882-14 driver's license subsequently issued under this chapter.
882-15 (b) Section 4, Chapter 434 (S.B. No. 1504), Acts of the 74th
882-16 Legislature, Regular Session, 1995, is repealed.
882-17 SECTION 30.99. Section 521.456(d), Transportation Code, is
882-18 amended to correct a reference to the Texas Department of Criminal
882-19 Justice to read as follows:
882-20 (d) An offense under this section is a felony punishable by
882-21 imprisonment in the institutional division of the Texas [State]
882-22 Department of Criminal Justice for not less than two years or more
882-23 than five years.
882-24 SECTION 30.100. (a) Subchapter C, Chapter 522,
883-1 Transportation Code, is amended to conform to Section 1, Chapter
883-2 767 (S.B. No. 472), Acts of the 74th Legislature, Regular Session,
883-3 1995, by adding Section 522.0235 to read as follows:
883-4 Sec. 522.0235. WAIVER OF VISUAL STANDARDS FOR INTRASTATE
883-5 DRIVER. (a) Except as provided by Subsection (b), the department
883-6 by rule may provide for a waiver of the visual standards for a
883-7 commercial driver's license in 49 C.F.R. Part 391, Subpart E, if
883-8 the person who is applying for a commercial driver's license or who
883-9 has been issued a commercial driver's license is a person who
883-10 drives a commercial motor vehicle only in this state.
883-11 (b) Subsection (a) does not apply to standards for distant
883-12 binocular acuity.
883-13 (b) The following laws are repealed:
883-14 (1) Section 1, Chapter 767 (S.B. No. 472), Acts of the
883-15 74th Legislature, Regular Session, 1995; and
883-16 (2) Section 82, Chapter 318 (S.B. No. 15), Acts of the
883-17 74th Legislature, Regular Session, 1995.
883-18 SECTION 30.101. The heading to Subchapter P, Chapter 521,
883-19 Transportation Code, is amended to more accurately reflect the
883-20 content of that subchapter to read as follows:
883-21 SUBCHAPTER P. AUTOMATIC SUSPENSION FOR
883-22 CERTAIN [FELONY] DRUG OFFENSES
883-23 SECTION 30.102. Section 524.012(e), Transportation Code, is
883-24 amended to more closely conform to the law from which that section
884-1 was derived to read as follows:
884-2 (e) A determination under this section:
884-3 (1) is a civil matter;
884-4 (2) is independent of and is not an estoppel [a bar]
884-5 to any matter in issue in an adjudication of a criminal charge
884-6 arising from the occurrence that is the basis for the suspension;
884-7 and
884-8 (3) does not preclude litigation of the same or
884-9 similar facts in a criminal prosecution.
884-10 SECTION 30.103. Section 541.001, Transportation Code, is
884-11 amended to conform to the repeal of Section 2(o), Uniform Act
884-12 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
884-13 Statutes), by Section 31(a)(12), Chapter 705 (S.B. No. 3), Acts of
884-14 the 74th Legislature, Regular Session, 1995, to read as follows:
884-15 Sec. 541.001. PERSONS. In this subtitle:
884-16 (1) ["Motor carrier" means a common carrier,
884-17 specialized carrier, or contract carrier that transports property
884-18 or passengers by motor vehicle or a private carrier that transports
884-19 property by motor vehicle. The term:]
884-20 [(A) includes an employee, owner, lessee, or
884-21 officer acting for a motor carrier; and]
884-22 [(B) excludes a well-servicing unit or a
884-23 self-powered drilling rig.]
884-24 [(2)] "Operator" means, as used in reference to a
885-1 vehicle, a person who drives or has physical control of a vehicle.
885-2 (2) [(3)] "Owner" means, as used in reference to a
885-3 vehicle, a person who has a property interest in or title to a
885-4 vehicle. The term:
885-5 (A) includes a person entitled to use and
885-6 possess a vehicle subject to a security interest; and
885-7 (B) excludes a lienholder and a lessee whose
885-8 lease is not intended as security.
885-9 (3) [(4)] "Pedestrian" means a person on foot.
885-10 (4) [(5)] "Person" means an individual, firm,
885-11 partnership, association, or corporation.
885-12 (5) [(6)] "School crossing guard" means a responsible
885-13 person who is at least 18 years of age and is designated by a local
885-14 authority to direct traffic in a school crossing zone for the
885-15 protection of children going to or leaving a school.
885-16 SECTION 30.104. Section 542.205, Transportation Code, is
885-17 amended to conform to the termination of the Interstate Commerce
885-18 Commission and the creation of the Surface Transportation Board by
885-19 the Interstate Commerce Commission Termination Act of 1995 (Pub. L.
885-20 No. 104-88) and to the transfer of motor carrier safety regulatory
885-21 responsibilities from the Railroad Commission of Texas to the
885-22 Department of Public Safety by Chapter 705 (S.B. No. 3), Acts of
885-23 the 74th Legislature, Regular Session, 1995, to read as follows:
885-24 Sec. 542.205. Conflict Between This Subtitle and an Order,
886-1 Rule, or Regulation of Certain Agencies. (a) If this subtitle
886-2 conflicts with an order, rule, regulation, or requirement of the
886-3 federal Surface Transportation Board [Interstate Commerce
886-4 Commission] or the department [Railroad Commission of Texas]
886-5 relating to a vehicle safety requirement, including a requirement
886-6 relating to vehicle equipment, compliance by the owner or operator
886-7 of the vehicle with the order, rule, regulation, or requirement of
886-8 the federal Surface Transportation Board [Interstate Commerce
886-9 Commission] or the department [Railroad Commission of Texas] is
886-10 compliance with this subtitle.
886-11 (b) The owner or operator of a vehicle shall comply with any
886-12 requirement of this subtitle that is in addition to, but not in
886-13 conflict with, a requirement of the federal Surface Transportation
886-14 Board [Interstate Commerce Commission] or the department [Railroad
886-15 Commission of Texas].
886-16 SECTION 30.105. (a) Section 542.402, Transportation Code,
886-17 is amended to conform to Section 1, Chapter 30 (H.B. No. 839),
886-18 Sections 1 and 2, Chapter 56 (H.B. No. 840), Acts of the 74th
886-19 Legislature, Regular Session, 1995, and to Section 1, Chapter 992
886-20 (S.B. No. 20), Acts of the 74th Legislature, Regular Session, 1995,
886-21 by amending Subsection (b) and adding Subsections (c)-(e) to read
886-22 as follows:
886-23 (b) In each fiscal year, a municipality having a population
886-24 of less than 5,000 may retain, from fines collected for violations
887-1 of highway laws in this subtitle and from special expenses
887-2 collected under Article 45.54, Code of Criminal Procedure, in cases
887-3 in which a violation of this subtitle is alleged, an amount equal
887-4 to 30 percent of the municipality's revenue for the preceding
887-5 fiscal year from all sources, other than federal funds and bond
887-6 proceeds, as shown by the audit performed under Section 103.001,
887-7 Local Government Code. After a municipality has retained that
887-8 amount, the municipality shall send to the comptroller [state
887-9 treasurer] any portion of a fine or a special expense collected
887-10 that exceeds $1.
887-11 (c) The comptroller shall enforce Subsection (b).
887-12 (d) In a fiscal year in which a municipality retains from
887-13 fines and special expenses collected for violations of highway laws
887-14 in this subtitle an amount equal to at least 20 percent of the
887-15 municipality's revenue for the preceding fiscal year from all
887-16 sources other than federal funds and bond proceeds, not later than
887-17 the 120th day after the last day of the municipality's fiscal year,
887-18 the municipality shall send to the comptroller:
887-19 (1) a copy of the municipality's financial statement
887-20 for that fiscal year filed under Chapter 103, Local Government
887-21 Code; and
887-22 (2) a report that shows the total amount collected for
887-23 that fiscal year from fines and special expenses under Subsection
887-24 (b).
888-1 (e) If an audit is conducted by the comptroller under
888-2 Subsection (c) and it is determined that the municipality is
888-3 retaining more than 20 percent of the amounts under Subsection (b)
888-4 and has not complied with Subsection (d), the municipality shall
888-5 pay the costs incurred by the comptroller in conducting the audit.
888-6 (b) Section 1, Chapter 30 (H.B. No. 839), and Sections 1 and
888-7 2, Chapter 56 (H.B. No. 840), Acts of the 74th Legislature, Regular
888-8 Session, 1995, are repealed.
888-9 SECTION 30.106. (a) Section 543.102, Transportation Code,
888-10 is amended to conform to Section 1, Chapter 334 (S.B. No. 645),
888-11 Acts of the 74th Legislature, Regular Session, 1995, to read as
888-12 follows:
888-13 Sec. 543.102. NOTICE OF RIGHT TO COMPLETE COURSE. The court
888-14 shall advise a person charged with a misdemeanor under this
888-15 subtitle, committed while operating a motor vehicle, of the
888-16 person's right to successfully complete a driving safety course or,
888-17 if the offense was committed while operating a motorcycle, a
888-18 motorcycle operator training course. The right to complete a
888-19 course does not apply to a person charged with a violation of
888-20 Section 545.066, 545.401, 545.421, 550.022, or 550.023 or a serious
888-21 traffic violation as defined by Section 522.003.
888-22 (b) Section 543.103, Transportation Code, is amended to
888-23 conform to Section 1, Chapter 334 (S.B. No. 645), and Section 28,
888-24 Chapter 1009 (S.B. No. 964), Acts of the 74th Legislature, Regular
889-1 Session, 1995, to read as follows:
889-2 Sec. 543.103. MANDATORY DEFERRAL. (a) Subject to
889-3 Subsection (b), the [The] court shall defer proceedings and allow a
889-4 person:
889-5 (1) 90 days to take a driving safety course approved
889-6 under the Texas Driver and Traffic Safety Education Act (Article
889-7 4413(29c), Vernon's Texas Civil Statutes) or, if the offense was
889-8 committed while operating a motorcycle, a motorcycle operator
889-9 training course approved by the department under Chapter 662; and
889-10 (2) 30 additional days to present:
889-11 (A) a uniform certificate of course completion
889-12 as written evidence that after the alleged violation the person
889-13 successfully completed the [a] driving safety course; or
889-14 (B) written evidence that after the alleged
889-15 violation the person successfully completed the motorcycle operator
889-16 training course.
889-17 (b) Subsection (a) applies only [approved under the Texas
889-18 Driver and Traffic Safety Education Act (Article 4413(29c),
889-19 Vernon's Texas Civil Statutes)] if:
889-20 (1) the person enters a plea in person or in writing
889-21 of no contest or guilty and, before the answer date on the notice
889-22 to appear [citation]:
889-23 (A) presents in person to the court an oral or
889-24 written request to take a course; or
890-1 (B) sends to the court by certified mail, return
890-2 receipt requested, postmarked on or before the answer date on the
890-3 notice to appear, a written request to take a course;
890-4 (2) the court enters judgment on the person's plea of
890-5 no contest or guilty at the time the plea is made but defers
890-6 imposition of the judgment for 90 days;
890-7 (3) the person has a Texas driver's license or permit;
890-8 (4) the person's driving record as maintained by the
890-9 department does not show successful completion of a driving safety
890-10 course or a motorcycle operator training course, as appropriate,
890-11 under this section within one year before the date of the alleged
890-12 violation;
890-13 (5) the person files an affidavit with the court
890-14 stating that the person is not taking a course under this section
890-15 and has not completed a course under this section that is not shown
890-16 on the person's driving record;
890-17 (6) the person is charged with an offense to which
890-18 this subchapter applies other than speeding 25 miles per hour or
890-19 more over the posted speed limit; and
890-20 (7) the person provides evidence of financial
890-21 responsibility as required by Chapter 601.
890-22 (c) [(b)] Notwithstanding Subsection (b)(1) [(a)(1)], on a
890-23 written motion submitted to the court before the final disposition
890-24 of the case, the court may grant a request to take a driving safety
891-1 course or a motorcycle operator training course under this section.
891-2 (c) Section 543.104, Transportation Code, is amended to
891-3 conform to Section 1, Chapter 334 (S.B. No. 645), and Section 28,
891-4 Chapter 1009 (S.B. No. 964), Acts of the 74th Legislature, Regular
891-5 Session, 1995, to read as follows:
891-6 Sec. 543.104. PERMISSIVE DEFERRAL. On a written motion
891-7 submitted to the court before the final disposition of the case,
891-8 the court may defer proceedings and allow a person:
891-9 (1) 90 days to take a driving safety course approved
891-10 under the Texas Driver and Traffic Safety Education Act (Article
891-11 4413(29c), Vernon's Texas Civil Statutes) or, if the offense was
891-12 committed while operating a motorcycle, a motorcycle operator
891-13 training course approved by the department under Chapter 662; and
891-14 (2) 30 additional days to present:
891-15 (A) a uniform certificate of course completion
891-16 as evidence that after the alleged violation the person
891-17 successfully completed the [a] driving safety course; or
891-18 (B) written evidence that after the alleged
891-19 violation the person successfully completed the motorcycle operator
891-20 training course [approved under the Texas Driver and Traffic Safety
891-21 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes)].
891-22 (d) Section 543.111, Transportation Code, is amended to
891-23 conform to Section 28, Chapter 1009 (S.B. No. 964), Acts of the
891-24 74th Legislature, Regular Session, 1995, to read as follows:
892-1 Sec. 543.111. REGULATION BY CERTAIN STATE AGENCIES. (a)
892-2 The State Board of Education shall[:]
892-3 [(1)] enter into a memorandum of understanding with
892-4 the Texas Department of Insurance for the interagency development
892-5 of a curriculum for driving safety courses.[; and]
892-6 (b) The Texas Education Agency shall:
892-7 (1) [(2)] adopt and administer comprehensive rules
892-8 governing driving safety courses; and
892-9 (2) investigate options to develop and implement
892-10 procedures to electronically transmit information pertaining to
892-11 driving safety courses to municipal and justice courts[, which the
892-12 Central Education Agency shall administer].
892-13 (e) Section 543.112, Transportation Code, is amended to
892-14 conform to Sections 28 and 29, Chapter 1009 (S.B. No. 964), Acts of
892-15 the 74th Legislature, Regular Session, 1995, to read as follows:
892-16 Sec. 543.112. STANDARDS FOR UNIFORM CERTIFICATE OF COURSE
892-17 COMPLETION. (a) The Texas Education Agency by rule shall provide
892-18 for the design and distribution of uniform certificates of course
892-19 completion so as to prevent to the greatest extent possible the
892-20 unauthorized production or misuse of the certificates.
892-21 (b) The uniform certificate of course completion must
892-22 include an identifying number by which the Texas [Central]
892-23 Education Agency, the court, or the department may verify its
892-24 authenticity with the course provider and must be[:]
893-1 [(1)] in a form adopted by the Texas [Central]
893-2 Education Agency[;]
893-3 [(2) not more than 8-1/2 inches by 3-1/2 inches in
893-4 size; and]
893-5 [(3) printed on copy-resistant paper in not fewer than
893-6 two self-copying parts to provide a control copy of the certificate
893-7 to be retained by the course provider under rules adopted by the
893-8 State Board of Education].
893-9 (c) The Texas Education Agency shall issue duplicate uniform
893-10 certificates of course completion. The State Board of Education by
893-11 rule shall determine the amount of the fee to be charged for
893-12 issuance of a duplicate certificate.
893-13 (d) A driving safety course provider shall electronically
893-14 submit data identified by the Texas Education Agency pertaining to
893-15 issued uniform certificates of course completion to the agency as
893-16 directed by the agency.
893-17 (f) Section 543.113, Transportation Code, is amended to
893-18 conform to Section 29, Chapter 1009 (S.B. No. 964), Acts of the
893-19 74th Legislature, Regular Session, 1995, to read as follows:
893-20 Sec. 543.113. FEES [FEE] FOR PRINTING AND SUPPLYING
893-21 CERTIFICATE. (a) The Texas [Central] Education Agency shall print
893-22 the uniform certificates and supply them to persons who are
893-23 licensed providers [owners or primary consignees] of courses
893-24 approved under the Texas Driver and Traffic Safety Education Act
894-1 (Article 4413(29c), Vernon's Texas Civil Statutes). The agency may
894-2 charge a fee [of $1] for each certificate. The fee may not exceed
894-3 $4.
894-4 (b) A course provider shall [An owner or consignee may not]
894-5 charge an operator a fee equal to [that is more than] the fee paid
894-6 to the agency for a certificate.
894-7 (c) Money collected by the Texas Education Agency under this
894-8 section may be used only to pay monetary awards for information
894-9 relating to abuse of uniform certificates that leads to the
894-10 conviction or removal of an approval, license, or authorization.
894-11 (g) Subchapter B, Chapter 543, Transportation Code, is
894-12 amended to conform to Sections 28 and 29, Chapter 1009 (S.B. No.
894-13 964), Acts of the 74th Legislature, Regular Session, 1995, by
894-14 adding Sections 543.115 and 543.116 to read as follows:
894-15 Sec. 543.115. FEES FOR DRIVING SAFETY COURSE. (a) A
894-16 driving safety course may not be provided to a student for less
894-17 than $25.
894-18 (b) A course provider shall charge each student a fee for
894-19 course materials and for overseeing and administering the course.
894-20 The fee may not be less than $3.
894-21 Sec. 543.116. DELIVERY OF UNIFORM CERTIFICATE OF COURSE
894-22 COMPLETION. (a) A driving safety course provider shall mail an
894-23 issued uniform certificate of course completion to a person who
894-24 successfully completes the course.
895-1 (b) The certificate must be mailed not later than the 15th
895-2 working day after the date a person successfully completes the
895-3 course.
895-4 (h) Section 1, Chapter 334 (S.B. No. 645), and Sections 28
895-5 and 29, Chapter 1009 (S.B. No. 964), Acts of the 74th Legislature,
895-6 Regular Session, 1995, are repealed.
895-7 SECTION 30.107. (a) Section 545.251, Transportation Code,
895-8 is amended to conform to Section 1, Chapter 881 (S.B. No. 1513),
895-9 Acts of the 74th Legislature, Regular Session, 1995, to read as
895-10 follows:
895-11 Sec. 545.251. OBEDIENCE TO SIGNAL INDICATING APPROACH OF
895-12 TRAIN. (a) An operator approaching a railroad grade crossing
895-13 shall stop not closer than 15 feet or farther than 50 feet from the
895-14 nearest rail if:
895-15 (1) a clearly visible railroad [electric or
895-16 mechanical] signal [device] warns of the [immediate] approach of a
895-17 railroad train;
895-18 (2) a crossing gate is lowered, or a flagger warns of
895-19 [signals] the approach or passage of a railroad train;
895-20 (3) a railroad engine approaching within approximately
895-21 1,500 feet of the highway crossing emits a signal audible from that
895-22 distance and the engine is an immediate hazard because of its speed
895-23 or proximity to the crossing; [or]
895-24 (4) an approaching railroad train is plainly visible
896-1 and is in hazardous proximity to the crossing; or
896-2 (5) the operator is required to stop by:
896-3 (A) other law;
896-4 (B) a rule adopted under a statute;
896-5 (C) an official traffic-control device; or
896-6 (D) a traffic-control signal.
896-7 (b) An operator of a vehicle [who stops as] required by
896-8 Subsection (a) to stop shall remain stopped until permitted to
896-9 proceed and may not proceed until it is safe to do so.
896-10 (c) An operator commits an offense if the operator drives
896-11 around, under, or through a crossing gate or a barrier at a
896-12 railroad crossing while the gate or barrier is closed, being
896-13 closed, or being opened.
896-14 (d) In a prosecution under Subsection (a)(4), proof that at
896-15 the time of the offense a railroad train was approaching the grade
896-16 crossing and that the train was visible from the crossing is prima
896-17 facie evidence that it was not safe for the operator to proceed.
896-18 (e) An offense under this section is punishable by a fine of
896-19 not less than $50 or more than $200.
896-20 (b) Section 545.252, Transportation Code, is amended to
896-21 conform to Section 2, Chapter 881 (S.B. No. 1513), Acts of the 74th
896-22 Legislature, Regular Session, 1995, by amending Subsection (a) and
896-23 adding Subsection (d) to read as follows:
896-24 (a) The Texas Department of Transportation [Commission] or a
897-1 local authority, with respect to a highway in its jurisdiction,
897-2 may:
897-3 (1) designate a railroad grade crossing as
897-4 particularly dangerous; and
897-5 (2) erect a stop sign or other official
897-6 traffic-control device at the grade crossing.
897-7 (d) An offense under this section is punishable by a fine of
897-8 not less than $50 or more than $200.
897-9 (c) Section 545.253, Transportation Code, is amended to
897-10 conform to Section 3, Chapter 881 (S.B. No. 1513), Acts of the 74th
897-11 Legislature, Regular Session, 1995, by adding Subsection (e) to
897-12 read as follows:
897-13 (e) An offense under this section is punishable by a fine of
897-14 not less than $50 or more than $200.
897-15 (d) Section 545.254, Transportation Code, is amended to
897-16 conform to Section 4, Chapter 881 (S.B. No. 1513), Acts of the 74th
897-17 Legislature, Regular Session, 1995, by adding Subsection (e) to
897-18 read as follows:
897-19 (e) An offense under this section is punishable by a fine of
897-20 not less than $50 or more than $200.
897-21 (e) Section 545.255, Transportation Code, is amended to
897-22 conform to Section 5, Chapter 881 (S.B. No. 1513), Acts of the 74th
897-23 Legislature, Regular Session, 1995, by adding Subsection (e) to
897-24 read as follows:
898-1 (e) An offense under this section is punishable by a fine of
898-2 not less than $50 or more than $200.
898-3 (f) Sections 1-5, Chapter 881 (S.B. No. 1513), Acts of the
898-4 74th Legislature, Regular Session, 1995, are repealed.
898-5 SECTION 30.108. (a) Subchapter F, Chapter 545,
898-6 Transportation Code, is amended to conform to Section 1, Chapter
898-7 801 (H.B. No. 1124), Acts of the 74th Legislature, Regular Session,
898-8 1995, by adding Section 545.2555 to read as follows:
898-9 Sec. 545.2555. REPORT AND INVESTIGATION OF CERTAIN RAILROAD
898-10 CROSSING VIOLATIONS. (a) A person who on site observes a
898-11 violation of Section 545.251, 545.252, 545.253, 545.254, or 545.255
898-12 may file a report of the violation if the person:
898-13 (1) is an on-engine employee of a railroad; and
898-14 (2) observes the violation while on a moving engine.
898-15 (b) A report under this section must:
898-16 (1) be made:
898-17 (A) on a form approved by the department; and
898-18 (B) not later than 72 hours after the violation;
898-19 (2) be filed with:
898-20 (A) an office of the department located in the
898-21 county in which the violation occurred;
898-22 (B) the sheriff of the county in which the
898-23 violation occurred, if the violation occurred in the unincorporated
898-24 area of the county; or
899-1 (C) the police department of a municipality, if
899-2 the violation occurred in the municipality; and
899-3 (3) contain, in addition, to any other required
899-4 information:
899-5 (A) the date, time, and location of the
899-6 violation;
899-7 (B) the license plate number and a description
899-8 of the vehicle involved in the violation;
899-9 (C) a description of the operator of the vehicle
899-10 involved in the violation; and
899-11 (D) the name, address, and telephone number of
899-12 the person filing the report.
899-13 (c) A peace officer may:
899-14 (1) before the seventh day after the date a report
899-15 under this section is filed, initiate an investigation of the
899-16 alleged violation; and
899-17 (2) request the owner of the reported vehicle, as
899-18 shown by the vehicle registration records of the Texas Department
899-19 of Transportation, to disclose the name and address of the
899-20 individual operating that vehicle at the time of the violation
899-21 alleged in the report.
899-22 (d) Unless the owner of the reported vehicle believes that
899-23 to provide the peace officer with the name and address of the
899-24 individual operating the vehicle at the time of the violation
900-1 alleged would incriminate the owner, the owner shall, to the best
900-2 of the owner's ability, disclose that individual's name and
900-3 address.
900-4 (e) An investigating peace officer who has probable cause to
900-5 believe that a charge against an individual for a violation of
900-6 Section 545.251, 545.252, 545.253, 545.254, or 545.255 is justified
900-7 may:
900-8 (1) prepare a written notice to appear in court that
900-9 complies with Sections 543.003, 543.006, and 543.007; and
900-10 (2) deliver the notice to the individual named in the
900-11 notice in person or by certified mail.
900-12 (b) Section 1, Chapter 801 (H.B. No. 1124), Acts of the 74th
900-13 Legislature, Regular Session, 1995, is repealed.
900-14 SECTION 30.109. Section 545.351(b), Transportation Code, is
900-15 amended to correct a grammatical error to read as follows:
900-16 (b) An operator:
900-17 (1) may not drive a vehicle at a speed greater than is
900-18 reasonable and prudent under the conditions and having regard for
900-19 [to] actual and potential hazards then existing; and
900-20 (2) shall control the speed of the vehicle as
900-21 necessary to avoid colliding with another person or vehicle that is
900-22 on or entering the highway in compliance with law and the duty of
900-23 each person to use due care.
900-24 SECTION 30.110. (a) Sections 545.352(b) and (d),
901-1 Transportation Code, are amended to conform to Section 1, Chapter
901-2 295 (H.B. No. 321), Acts of the 74th Legislature, Regular Session,
901-3 1995, to read as follows:
901-4 (b) Unless a special hazard exists that requires a slower
901-5 speed for compliance with Section 545.351(b), the following speeds
901-6 are lawful:
901-7 (1) 30 miles per hour in an urban district on a street
901-8 other than an alley and 15 miles per hour in an alley;
901-9 (2) 70 miles per hour in daytime and 65 miles per hour
901-10 in nighttime if the vehicle is a passenger car or motorcycle on a
901-11 highway numbered by this state or the United States outside an
901-12 urban district, including a farm-to-market or ranch-to-market road;
901-13 (3) 60 miles per hour in daytime and 55 miles per hour
901-14 in nighttime if the vehicle is a passenger car or motorcycle on a
901-15 highway that is outside an urban district and not a highway
901-16 numbered by this state or the United States;
901-17 (4) 60 miles per hour outside an urban district if a
901-18 speed limit for the vehicle is not otherwise specified by this
901-19 section; or
901-20 (5) outside an urban district:
901-21 (A) 45 miles per hour, if the vehicle is towing
901-22 a house trailer of an actual or registered gross weight heavier
901-23 than 4,500 pounds or larger than 32 feet, excluding the tow bar;
901-24 (B) 50 miles per hour if the vehicle is a school
902-1 bus on a highway other than an interstate highway;
902-2 (C) 55 miles per hour if the vehicle is a school
902-3 bus on an interstate highway; or
902-4 (D) [(C)] 60 miles per hour in daytime and 55
902-5 miles per hour in nighttime if the vehicle is a truck, other than a
902-6 light truck, or if the vehicle is a truck tractor, trailer, or
902-7 semitrailer, or a vehicle towing a trailer, semitrailer, another
902-8 motor vehicle or house trailer of an actual or registered gross
902-9 weight lighter than 4,500 pounds and a length of 32 feet or
902-10 shorter, excluding the tow bar.
902-11 (d) In this section:
902-12 (1) "Interstate highway" means a segment of the
902-13 national system of interstate and defense highways that is:
902-14 (A) located in this state;
902-15 (B) officially designated by the Texas
902-16 Transportation Commission; and
902-17 (C) approved under Title 23, United States Code.
902-18 (2) "Light truck" means a truck with a manufacturer's
902-19 rated carrying capacity of not more than 2,000 pounds, including a
902-20 pick-up truck, panel delivery truck, and carry-all truck.
902-21 (3) [(2)] "Urban district" means the territory
902-22 adjacent to and including a highway, if the territory is improved
902-23 with structures that are used for business, industry, or dwelling
902-24 houses and are located at intervals of less than 100 feet for a
903-1 distance of at least one-quarter mile on either side of the
903-2 highway.
903-3 (b) Section 1, Chapter 295 (H.B. No. 321), Acts of the 74th
903-4 Legislature, Regular Session, 1995, is repealed.
903-5 SECTION 30.111. Section 545.353(e), Transportation Code, is
903-6 amended to more closely conform to the law from which that section
903-7 was derived to read as follows:
903-8 (e) The commission, in conducting the engineering and
903-9 traffic investigation specified by Subsection (a), shall follow the
903-10 "Procedure for Establishing Speed Zones" [procedure for
903-11 establishing speed zones] as adopted by the commission. The
903-12 commission may revise the procedure to accommodate technological
903-13 advancement in traffic operation, the design and construction of
903-14 highways and motor vehicles, and the safety of the motoring public.
903-15 SECTION 30.112. (a) Subchapter H, Chapter 545,
903-16 Transportation Code, is amended to conform to Section 1, Chapter
903-17 900 (H.B. No. 835), Acts of the 74th Legislature, Regular Session,
903-18 1995, by adding Section 545.3625 to read as follows:
903-19 Sec. 545.3625. CONFIDENTIALITY OF VIOLATION INFORMATION:
903-20 FUEL CONSERVATION SPEED LIMIT. (a) If a person violates a maximum
903-21 prima facie speed limit imposed under Section 545.362, as that law
903-22 existed immediately before December 8, 1995, and the person was not
903-23 traveling at a speed, as alleged in the citation, if not contested
903-24 by the person, or, if contested by the person, as alleged in the
904-1 complaint and found by the court, that is greater than the maximum
904-2 prima facie speed limit for the location that has been established
904-3 under this chapter, other than under Section 545.362, information
904-4 in the custody of the department concerning the violation is
904-5 confidential.
904-6 (b) The department may not release the information to any
904-7 person or to another state governmental entity.
904-8 (b) Section 1, Chapter 900 (H.B. No. 835), Acts of the 74th
904-9 Legislature, Regular Session, 1995, is repealed.
904-10 SECTION 30.113. (a) Sections 545.410(a)-(d), Transportation
904-11 Code, are amended to conform to Section 1, Chapter 842 (H.B. No.
904-12 3208), Acts of the 74th Legislature, Regular Session, 1995, to read
904-13 as follows:
904-14 (a) An operator of a passenger car or light truck [vehicle]
904-15 may not draw a trailer, semitrailer, or house trailer unless safety
904-16 chains of a type approved by the department are attached in a
904-17 manner approved by the department from the trailer, semitrailer, or
904-18 house trailer to the drawing vehicle. This subsection does not
904-19 apply to the drawing of a trailer, or semitrailer used for
904-20 agricultural purposes.
904-21 (b) The department shall adopt rules prescribing the type of
904-22 safety chains required to be used according to the weight of the
904-23 trailer, semitrailer, or house trailer being drawn. The rules
904-24 shall:
905-1 (1) require safety chains to be strong enough to
905-2 maintain the connection between the trailer, semitrailer, or house
905-3 trailer and the drawing vehicle; and
905-4 (2) show the proper method to attach safety chains
905-5 between the trailer, semitrailer, or [the] house trailer and the
905-6 drawing vehicle.
905-7 (c) Subsection (b) does not apply to trailers, semitrailers,
905-8 or house trailers that are equipped with safety chains installed by
905-9 the original manufacturer before the effective date of the rules.
905-10 (d) This section does not apply to a trailer, semitrailer,
905-11 or house trailer that is operated in compliance with the federal
905-12 motor carrier safety regulations.
905-13 (b) Section 1, Chapter 842 (H.B. No. 3208), Acts of the 74th
905-14 Legislature, Regular Session, 1995, is repealed.
905-15 SECTION 30.114. (a) Section 545.412(d), Transportation
905-16 Code, is amended to conform to Section 126, Chapter 751 (H.B. No.
905-17 433), Acts of the 74th Legislature, Regular Session, 1995, to read
905-18 as follows:
905-19 (d) Use or nonuse of a child passenger safety seat system is
905-20 not admissible evidence in a civil trial, other than a proceeding
905-21 under Subtitle A or B, Title 5, Family Code.
905-22 (b) Section 126, Chapter 751 (H.B. No. 433), Acts of the
905-23 74th Legislature, Regular Session, 1995, is repealed.
905-24 SECTION 30.115. (a) Sections 545.413(e) and (g),
906-1 Transportation Code, are amended to conform to Section 1, Chapter
906-2 580 (S.B. No. 706), and to Section 127, Chapter 751 (H.B. No.
906-3 433), Acts of the 74th Legislature, Regular Session, 1995, to read
906-4 as follows:
906-5 (e) It is a defense to prosecution under this section that:
906-6 (1) the person possesses a written statement from a
906-7 licensed physician stating that for a medical reason the person
906-8 should not wear a safety belt;
906-9 (2) the person presents to the court, not later than
906-10 the 10th day after the date of the offense, a statement from a
906-11 licensed physician stating that for a medical reason the person
906-12 should not wear a safety belt; [or]
906-13 (3) the person is employed by the United States Postal
906-14 Service and performing a duty for that agency that requires the
906-15 operator to service postal boxes from a vehicle or that requires
906-16 frequent entry into and exit from a vehicle; or
906-17 (4) the person is engaged in the actual delivery of
906-18 newspapers from a vehicle or is performing newspaper delivery
906-19 duties that require frequent entry into and exit from a vehicle.
906-20 (g) Use or nonuse of a safety belt is not admissible
906-21 evidence in a civil trial, other than a proceeding under Subtitle A
906-22 or B, Title 5, Family Code.
906-23 (b) Section 1, Chapter 580 (S.B. No. 706), and Section 127,
906-24 Chapter 751 (H.B. No. 433), Acts of the 74th Legislature, Regular
907-1 Session, 1995, are repealed.
907-2 SECTION 30.116. (a) Section 545.422, Transportation Code,
907-3 is amended to conform to Sections 1 and 2, Chapter 892 (H.B. No.
907-4 341), Acts of the 74th Legislature, Regular Session, 1995, to read
907-5 as follows:
907-6 Sec. 545.422. CROSSING SIDEWALK OR HIKE AND BIKE TRAIL. (a)
907-7 A person may not drive a motor vehicle on a sidewalk, [or] sidewalk
907-8 area, or hike and bike trail except on a permanent or authorized
907-9 temporary driveway.
907-10 (b) Subsection (a) does not prohibit the operation of a
907-11 motor vehicle on a hike and bike trail in connection with
907-12 maintenance of the trail.
907-13 (c) In this section, "hike and bike trail" means a trail
907-14 designed for the exclusive use of pedestrians, bicyclists, or both.
907-15 (b) Sections 1 and 2, Chapter 892 (H.B. No. 341), Acts of
907-16 the 74th Legislature, Regular Session, 1995, are repealed.
907-17 SECTION 30.117. (a) Section 547.611(c), Transportation
907-18 Code, is amended to conform to Section 1, Chapter 287 (S.B. No.
907-19 980), Acts of the 74th Legislature, Regular Session, 1995, to read
907-20 as follows:
907-21 (c) This section does not prohibit the use of:
907-22 (1) equipment used:
907-23 (A) [(1)] exclusively for receiving digital
907-24 information for commercial purposes;
908-1 (B) [(2)] exclusively for a safety or law
908-2 enforcement purpose, if each installation is approved by the
908-3 department; or
908-4 (C) [(3)] in a remote television transmission
908-5 truck; or
908-6 (2) a monitoring device that:
908-7 (A) produces an electronic display; and
908-8 (B) is used exclusively in conjunction with a
908-9 mobile navigation system installed in the vehicle.
908-10 (b) Section 1, Chapter 287 (S.B. No. 980), Acts of the 74th
908-11 Legislature, Regular Session, 1995, is repealed.
908-12 SECTION 30.118. (a) Section 547.613(b), Transportation
908-13 Code, is amended to conform to Section 1, Chapter 408 (H.B. No.
908-14 3062), Acts of the 74th Legislature, Regular Session, 1995, to read
908-15 as follows:
908-16 (b) This section does not apply to:
908-17 (1) a windshield that has a sunscreening device that:
908-18 (A) has a light transmission of 33 percent or
908-19 more;
908-20 (B) has a luminous reflectance of 35 percent or
908-21 less;
908-22 (C) is not red or amber; and
908-23 (D) does not extend downward beyond the AS-1
908-24 line or more than five inches from the top of the windshield,
909-1 whichever is closer to the top of the windshield;
909-2 (2) a front side wing vent or window, a side window to
909-3 the rear of the vehicle operator, or a rear window that has a
909-4 sunscreening device that has a light transmission of 35 percent or
909-5 more and a luminous reflectance of 35 percent or less;
909-6 (3) a rear window, if the motor vehicle is equipped
909-7 with an outside mirror on each side of the vehicle that reflects to
909-8 the vehicle operator a view of the highway for a distance of at
909-9 least 200 feet from the rear;
909-10 (4) a rearview mirror;
909-11 (5) an adjustable nontransparent sun visor that is
909-12 mounted in front of a side window and not attached to the glass;
909-13 (6) a direction, destination, or termination sign on a
909-14 passenger common carrier motor vehicle, if the sign does not
909-15 interfere with the vehicle operator's view of approaching traffic;
909-16 (7) a rear window wiper motor;
909-17 (8) a rear trunk lid handle or hinge;
909-18 (9) a luggage rack attached to the rear trunk;
909-19 (10) a side window that is to the rear of the vehicle
909-20 operator on a multipurpose vehicle;
909-21 (11) a window that has a United States, state, or
909-22 local certificate placed on or attached to it as required by law;
909-23 (12) a motor vehicle that is not registered in this
909-24 state;
910-1 (13) a motor vehicle with a manufacturer's model year
910-2 before 1988; [or]
910-3 (14) a vehicle that is:
910-4 (A) used regularly to transport passengers for a
910-5 fee; and
910-6 (B) authorized to operate under license or
910-7 permit by a local authority; or
910-8 (15) a vehicle that is maintained by a law enforcement
910-9 agency and used for law enforcement purposes.
910-10 (b) Section 1, Chapter 408 (H.B. No. 3062), Acts of the 74th
910-11 Legislature, Regular Session, 1995, is repealed.
910-12 SECTION 30.119. (a) Subchapter L, Chapter 547,
910-13 Transportation Code, is amended to conform to Section 56, Chapter
910-14 260 (S.B. No. 1), Acts of the 74th Legislature, Regular Session,
910-15 1995, by adding Section 547.7015 to read as follows:
910-16 Sec. 547.7015. RULES RELATING TO SCHOOL BUSES. (a) The
910-17 General Services Commission, with the advice of the department,
910-18 shall adopt and enforce rules governing the design, color, lighting
910-19 and other equipment, construction, and operation of a school bus
910-20 for the transportation of schoolchildren that is:
910-21 (1) owned and operated by a school district in this
910-22 state; or
910-23 (2) privately owned and operated under a contract with
910-24 a school district in this state.
911-1 (b) In adopting rules under this section, the General
911-2 Services Commission shall emphasize:
911-3 (1) safety features; and
911-4 (2) long-range, maintenance-free factors.
911-5 (c) Rules adopted under this section:
911-6 (1) apply to each school district, the officers and
911-7 employees of a district, and each person employed under contract by
911-8 a school district; and
911-9 (2) shall by reference be made a part of any contract
911-10 that is entered into by a school district in this state for the
911-11 transportation of schoolchildren on a privately owned school bus.
911-12 (b) Section 56, Chapter 260 (S.B. No. 1), Acts of the 74th
911-13 Legislature, Regular Session, 1995, is repealed.
911-14 SECTION 30.120. Section 548.001(5), Transportation Code, is
911-15 amended to conform to the repeal of Chapter 549 and the enactment
911-16 of Chapter 644 of that code by this Act to read as follows:
911-17 (5) "Federal motor carrier safety regulation" has the
911-18 meaning assigned by Section 644.001 [549.001].
911-19 SECTION 30.121. (a) Section 548.052, Transportation Code,
911-20 is amended to conform to Section 3, Chapter 443 (H.B. No. 1225),
911-21 Acts of the 74th Legislature, Regular Session, 1995, to read as
911-22 follows:
911-23 Sec. 548.052. VEHICLES NOT SUBJECT TO INSPECTION. This
911-24 chapter does not apply to:
912-1 (1) a trailer, semitrailer, pole trailer, or mobile
912-2 home moving under or bearing a current factory-delivery license
912-3 plate or current in-transit license plate;
912-4 (2) a vehicle moving under or bearing a paper dealer
912-5 in-transit tag, machinery license, disaster license, parade
912-6 license, prorate tab, one-trip permit, antique license, temporary
912-7 24-hour permit, or permit license;
912-8 (3) a trailer, semitrailer, pole trailer, or mobile
912-9 home having an actual gross weight or registered gross weight of
912-10 4,500 pounds or less; [or]
912-11 (4) farm machinery, road-building equipment, a farm
912-12 trailer, or a vehicle required to display a slow-moving-vehicle
912-13 emblem under Section 547.703; or
912-14 (5) a former military vehicle, as defined by Section
912-15 502.275(o).
912-16 (b) Section 3, Chapter 443 (H.B. No. 1225), Acts of the 74th
912-17 Legislature, Regular Session, 1995, is repealed.
912-18 SECTION 30.122. (a) Section 548.001(1), Transportation
912-19 Code, is amended to conform to Section 25, Chapter 705 (S.B. No.
912-20 3), Acts of the 74th Legislature, Regular Session, 1995, to read as
912-21 follows:
912-22 (1) "Commercial motor vehicle" means a self-propelled
912-23 or towed vehicle, other than a farm vehicle with a gross weight,
912-24 registered weight, or gross weight rating of less than 48,000
913-1 pounds, that is used on a public highway to transport passengers or
913-2 cargo if:
913-3 (A) the vehicle or combination of vehicles has a
913-4 gross weight, registered weight, or gross weight rating of more
913-5 than 26,000 pounds;
913-6 (B) the vehicle is designed to transport more
913-7 than 15 passengers, including the driver; or
913-8 (C) the vehicle is used to transport hazardous
913-9 materials in a quantity requiring placarding by a regulation issued
913-10 under the Hazardous Materials Transportation Act (49 U.S.C. Section
913-11 1801 et seq.).
913-12 (b) Subchapter D, Chapter 548, Transportation Code, is
913-13 amended to conform to Section 25, Chapter 705 (S.B. No. 3), Acts of
913-14 the 74th Legislature, Regular Session, 1995, by adding Section
913-15 548.203 to read as follows:
913-16 Sec. 548.203. EXEMPTIONS. The commission by rule may exempt
913-17 a type of commercial motor vehicle from the application of this
913-18 subchapter if the vehicle:
913-19 (1) was manufactured before September 1, 1995;
913-20 (2) is operated only temporarily on a highway of this
913-21 state and at a speed of less than 30 miles per hour; and
913-22 (3) complies with Section 548.051 and each applicable
913-23 provision in Title 49, Code of Federal Regulations.
913-24 (c) Section 25, Chapter 705 (S.B. No. 3), Acts of the 74th
914-1 Legislature, Regular Session, 1995, is repealed.
914-2 SECTION 30.123. (a) Section 548.256(c), Transportation
914-3 Code, is amended to conform to Section 5, Chapter 34 (S.B. No.
914-4 178), Acts of the 74th Legislature, Regular Session, 1995, to read
914-5 as follows:
914-6 (c) An inspection certificate or receipt for an inspection
914-7 certificate may not be required to register a motor vehicle, except
914-8 as provided by this section [or by Section 382.037, Health and
914-9 Safety Code].
914-10 (b) Section 5, Chapter 34 (S.B. No. 178), Acts of the 74th
914-11 Legislature, Regular Session, 1995, is repealed.
914-12 (c) Section 548.251, Transportation Code, is amended to
914-13 conform to Section 8, Chapter 34 (S.B. No. 178), Acts of the 74th
914-14 Legislature, Regular Session, 1995, to read as follows:
914-15 Sec. 548.251. DEPARTMENT TO PROVIDE INSPECTION CERTIFICATES
914-16 AND VERIFICATION FORMS. The department shall provide serially
914-17 numbered inspection certificates and verification forms to
914-18 inspection stations. The department may issue a unique inspection
914-19 certificate for:
914-20 (1) a commercial motor vehicle inspected under Section
914-21 548.201; or
914-22 (2) a vehicle inspected under Section 548.301(a) or
914-23 (b).
914-24 (d) Section 548.301, Transportation Code, is amended to
915-1 conform to Section 8, Chapter 34 (S.B. No. 178), Acts of the 74th
915-2 Legislature, Regular Session, 1995, to read as follows:
915-3 Sec. 548.301. COMMISSION TO ESTABLISH PROGRAM. (a) The
915-4 commission shall establish a motor vehicle emissions inspection and
915-5 maintenance program for vehicles covered by the Texas air quality
915-6 state implementation plan authorized by Section 382.0371, Health
915-7 and Safety Code, or otherwise specified by the department at the
915-8 direction of the governor [registered] in a county for which the
915-9 conservation commission has adopted a resolution requesting the
915-10 department to establish such a program if:
915-11 (1) the county does not meet the national ambient air
915-12 quality standards for ozone, carbon monoxide, or another
915-13 vehicle-related pollutant; or
915-14 (2) the program is required in the county by any law
915-15 of the United States, including the Texas air quality state
915-16 implementation plan.
915-17 (b) The commission may establish a motor vehicle emissions
915-18 inspection and maintenance program for vehicles specified by the
915-19 conservation commission at the direction of the governor
915-20 [registered] in a county for which the conservation commission has
915-21 adopted a resolution requesting the department to establish such a
915-22 program and for which the county and the municipality with the
915-23 largest population in the county by resolution have formally
915-24 requested a proactive air quality plan consisting of such a
916-1 program.
916-2 (c) A program established under Subsection (b) may not
916-3 include registration-based enforcement [unless the Texas Department
916-4 of Transportation includes the program in its registration
916-5 enforcement system].
916-6 (e) Section 548.302, Transportation Code, is amended to
916-7 conform to Section 8, Chapter 34 (S.B. No. 178), Acts of the 74th
916-8 Legislature, Regular Session, 1995, to read as follows:
916-9 Sec. 548.302. COMMISSION TO ADOPT STANDARDS AND
916-10 REQUIREMENTS. The commission shall:
916-11 (1) adopt standards for emissions-related inspection
916-12 criteria consistent with requirements of the United States and the
916-13 conservation commission applicable to a county in which a program
916-14 is established under Section 548.301; and
916-15 (2) develop and implement requirements necessary to
916-16 ensure that an inspection certificate is not issued to a vehicle
916-17 subject to a program established under Section 548.301 unless the
916-18 vehicle has passed a vehicle emissions inspection at a facility
916-19 authorized and licensed by the department.
916-20 (f) Section 548.303, Transportation Code, is amended to
916-21 conform to Section 8, Chapter 34 (S.B. No. 178), Acts of the 74th
916-22 Legislature, Regular Session, 1995, to read as follows:
916-23 Sec. 548.303. PROGRAM ADMINISTRATION. (a) The commission
916-24 shall administer the motor vehicle emissions inspection and
917-1 maintenance program under this subchapter until the [date a]
917-2 vehicle emissions inspection program administered by the department
917-3 is suspended or discontinued at the direction of the governor under
917-4 Section 382.037(a-1), Health and Safety Code [conservation
917-5 commission is implemented under the Clean Air Act].
917-6 (b) The department may reestablish a program under Section
917-7 548.301 or otherwise as directed by the governor under Section
917-8 382.037(a-1), Health and Safety Code [executive director of the
917-9 conservation commission shall notify the commission of the date the
917-10 conservation commission's program will become effective].
917-11 (g) Section 548.304, Transportation Code, is amended to
917-12 conform to Sections 6 and 8, Chapter 34 (S.B. No. 178), Acts of the
917-13 74th Legislature, Regular Session, 1995, to read as follows:
917-14 Sec. 548.304. STATIONS LICENSED TO CONDUCT EMISSIONS
917-15 INSPECTIONS [REINSPECTIONS]. (a) The department [conservation
917-16 commission] may authorize and license inspection stations as
917-17 necessary to implement the emissions-related inspection
917-18 [reinspection] requirements of the program established under
917-19 Section 382.0371, Health and Safety Code, and Section 548.301.
917-20 (b) The [At the request of the conservation commission, the]
917-21 department shall provide inspection certificates for distribution
917-22 and issuance at decentralized inspection [centralized reinspection]
917-23 stations licensed by the department [conservation commission].
917-24 (c) The department shall authorize a vehicle emissions
918-1 inspection facility authorized and licensed under Subsection (a) to
918-2 issue a unique inspection certificate for a vehicle that passes an
918-3 inspection under Section 548.301 and Subchapter B.
918-4 (d) Notwithstanding Section 548.053(a), if an
918-5 emissions-related inspection under Section 548.301 discloses the
918-6 necessity for adjustment, correction, or repair, the conservation
918-7 commission may by rule require that the vehicle be reinspected at a
918-8 specified inspection station authorized and licensed by the
918-9 conservation commission to ensure that the emissions-related
918-10 adjustment, correction, or repair is made.
918-11 (h) Subchapter F, Chapter 548, Transportation Code, is
918-12 amended to conform to Section 6, Chapter 34 (S.B. No. 178), Acts of
918-13 the 74th Legislature, Regular Session, 1995, by adding Section
918-14 548.3045 to read as follows:
918-15 Sec. 548.3045. APPOINTMENT OF DECENTRALIZED FACILITY. (a)
918-16 The department may issue an inspection station certificate to a
918-17 decentralized facility authorized and licensed by the department
918-18 under Section 548.304 if the facility meets the certification
918-19 requirements of that section and the department.
918-20 (b) A decentralized facility issued a certificate under
918-21 Subsection (a) is authorized to perform an inspection under this
918-22 subchapter or Subchapter B.
918-23 (i) Section 548.505, Transportation Code, is amended to
918-24 conform more closely to the law from which it was derived and to
919-1 Section 6, Chapter 34 (S.B. No. 178), Acts of the 74th Legislature,
919-2 Regular Session, 1995, by amending Subsections (c) and (d) and
919-3 adding Subsections (e) and (f) to read as follows:
919-4 (c) If an inspection under Section 548.101 [548.501] or
919-5 Section 548.102 [548.503] is not performed when an inspection is
919-6 performed under Section 548.301(a), the only fee due is the fee
919-7 authorized by this section.
919-8 (d) The decentralized inspection stations [conservation
919-9 commission] shall[:]
919-10 [(1)] pay to the department an amount equal to the
919-11 cost of producing certificates provided to the decentralized
919-12 inspection [centralized reinspection] stations under Section
919-13 548.304.
919-14 (e) The conservation commission shall[;]
919-15 [(2) establish a reinspection fee; and]
919-16 [(3)] implement procedures governing the tracking of
919-17 certificates and the refunding of the cost of unissued certificates
919-18 provided to inspection [reinspection] stations.
919-19 (f) The department may establish a maximum fee for an
919-20 inspection under Section 548.301. The department may not establish
919-21 a minimum fee for the inspection.
919-22 (j) Sections 548.603(b) and (c), Transportation Code, are
919-23 amended to conform to Section 7, Chapter 34 (S.B. No. 178), Acts of
919-24 the 74th Legislature, Regular Session, 1995, to read as follows:
920-1 (b) The owner of a vehicle commits an offense if the
920-2 vehicle:
920-3 (1) is operated [or parked] on a public highway; and
920-4 (2) displays an inspection certificate in violation of
920-5 Subsection (a).
920-6 (c) An [Except as provided by Subsection (d), an] offense
920-7 under Subsection (a) is a misdemeanor punishable by a fine of not
920-8 less than $1 [$100] or more than $200.
920-9 (k) Sections 548.603(d) and (e), Transportation Code, are
920-10 repealed to conform to the repeal of the law from which those
920-11 sections were derived by Section 7, Chapter 34 (S.B. No. 178), Acts
920-12 of the 74th Legislature, Regular Session, 1995.
920-13 (l) Sections 6, 7, and 8, Chapter 34 (S.B. No. 178), Acts of
920-14 the 74th Legislature, Regular Session, 1995, are repealed.
920-15 SECTION 30.124. Chapter 549, Transportation Code, is
920-16 repealed to conform to the repeal of the law from which it was
920-17 derived by Section 31(a)(13), Chapter 705 (S.B. No. 3), Acts of the
920-18 74th Legislature, Regular Session, 1995.
920-19 SECTION 30.125. (a) Section 550.065, Transportation Code,
920-20 is amended to conform to Section 1, Chapter 894 (H.B. No. 391),
920-21 Acts of the 74th Legislature, Regular Session, 1995, to read as
920-22 follows:
920-23 Sec. 550.065. RELEASE OF ACCIDENT REPORTS. (a) This
920-24 section applies to an accident report required by this chapter or
921-1 by Section 601.004 [An accident report prepared by a peace officer
921-2 and submitted to the department after January 1, 1970, is a public
921-3 record open for inspection].
921-4 (b) Except as provided by Subsection (c), an accident report
921-5 made by a person involved in an accident, by a garage, or by a
921-6 peace officer is:
921-7 (1) without prejudice to the individual making the
921-8 report; and
921-9 (2) privileged and for the confidential use of:
921-10 (A) the department; and
921-11 (B) an agency of the United States, this state,
921-12 or a local government of this state that has use for the report for
921-13 accident prevention purposes.
921-14 (c) On written request and payment of the required fee, the
921-15 department or the law enforcement agency that employs the peace
921-16 officer who makes an accident report shall release a copy of the
921-17 report to:
921-18 (1) an agency described by Subsection (b)(2)(B);
921-19 (2) the law enforcement agency that employs the peace
921-20 officer who investigated the accident and sent the report to the
921-21 department;
921-22 (3) the court in which a case involving a person
921-23 involved in the accident is pending, if the report is subpoenaed;
921-24 or
922-1 (4) a person who provides the department or law
922-2 enforcement agency with two or more of the following:
922-3 (A) the date of the accident;
922-4 (B) the name of any person involved in the
922-5 accident; or
922-6 (C) the specific location of the accident.
922-7 (d) The department or law enforcement agency shall request
922-8 information on a written form adopted by the department or the
922-9 agency to determine whether the person or entity requesting an
922-10 accident report is entitled to receive the report under Subsection
922-11 (c).
922-12 (e) [On written request and payment of the required fee, the
922-13 department or a law enforcement agency shall provide a copy of a
922-14 peace officer's report that may be released under this section.]
922-15 [(c)] The fee for a copy of the peace officer's report is
922-16 $4. The copy may be certified by the department or a law
922-17 enforcement agency for an additional fee of $2. The department may
922-18 issue a certification that no report is on file for a fee of $4.
922-19 (b) Section 1, Chapter 894 (H.B. No. 391), Acts of the 74th
922-20 Legislature, Regular Session, 1995, is repealed.
922-21 SECTION 30.126. (a) Section 601.007, Transportation Code,
922-22 is amended to conform to Section 29, Chapter 705 (S.B. No. 3), Acts
922-23 of the 74th Legislature, Regular Session, 1995, to read as follows:
922-24 Sec. 601.007. APPLICABILITY OF CHAPTER TO[:] GOVERNMENT
923-1 VEHICLES[; CERTAIN MOTOR CARRIERS]. (a) This chapter does not
923-2 apply to a government vehicle.
923-3 (b) The provisions of this chapter, other than Section
923-4 601.004, do not apply to an officer, agent, or employee of the
923-5 United States, this state, or a political subdivision of this state
923-6 while operating a government vehicle in the course of that person's
923-7 employment.
923-8 (c) The provisions of this chapter, other than Sections
923-9 601.004 and 601.054, do not apply to a motor vehicle that is
923-10 subject to Chapter 643 [Section 11, Chapter 270, Acts of the 40th
923-11 Legislature, Regular Session, 1927 (Article 911a, Vernon's Texas
923-12 Civil Statutes), or Section 13, Chapter 314, Acts of the 41st
923-13 Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
923-14 Civil Statutes)].
923-15 (d) In this section, "government vehicle" means a motor
923-16 vehicle owned by the United States, this state, or a political
923-17 subdivision of this state.
923-18 (b) Section 29, Chapter 705 (S.B. No. 3), Acts of the 74th
923-19 Legislature, Regular Session, 1995, is repealed.
923-20 SECTION 30.127. (a) Sections 601.052(a) and (c),
923-21 Transportation Code, are amended to conform to Section 4, Chapter
923-22 443 (H.B. No. 1225), Acts of the 74th Legislature, Regular Session,
923-23 1995, to read as follows:
923-24 (a) Section 601.051 does not apply to:
924-1 (1) the operation of a motor vehicle that:
924-2 (A) is a former military vehicle or is at least
924-3 25 years old;
924-4 (B) is used only for exhibitions, club
924-5 activities, parades, and other functions of public interest and not
924-6 for regular transportation; and
924-7 (C) for which the owner files with the
924-8 department an affidavit, signed by the owner, stating that the
924-9 vehicle is a collector's item and used only as described by
924-10 Paragraph (B);
924-11 (2) the operation of a golf cart; or
924-12 (3) a volunteer fire department for the operation of a
924-13 motor vehicle the title of which is held in the name of a volunteer
924-14 fire department.
924-15 (c) In this section:
924-16 (1) "Former military vehicle" has the meaning assigned
924-17 by Section 502.275(o).
924-18 (2) "Volunteer[, "volunteer] fire department" means a
924-19 company, department, or association that is:
924-20 (A) [(1)] organized in an unincorporated area to
924-21 answer fire alarms and extinguish fires or to answer fire alarms,
924-22 extinguish fires, and provide emergency medical services; and
924-23 (B) [(2)] composed of members who:
924-24 (i) [(A)] do not receive compensation; or
925-1 (ii) [(B)] receive only nominal
925-2 compensation.
925-3 (b) Section 4, Chapter 443 (H.B. No. 1225), Acts of the 74th
925-4 Legislature, Regular Session, 1995, is repealed.
925-5 SECTION 30.128. Section 601.340(a), Transportation Code, is
925-6 amended to more closely conform to the law from which it was
925-7 derived to read as follows:
925-8 (a) Except as provided by Subsection (b), the department
925-9 shall suspend the registration of each motor vehicle registered in
925-10 the name of a person if the department:
925-11 (1) under any state law, other than Section
925-12 521.341(6), suspends or revokes the person's driver's license on
925-13 receipt of a record of a conviction or a forfeiture of bail; or
925-14 (2) receives a record of a guilty plea of the person
925-15 entered for an offense for which the department would be required
925-16 to suspend the driver's license of a person convicted of the
925-17 offense.
925-18 SECTION 30.129. Sections 601.341 and 601.342, Transportation
925-19 Code, are amended to more closely conform to the law from which
925-20 those sections were derived to read as follows:
925-21 Sec. 601.341. EVIDENCE OF FINANCIAL RESPONSIBILITY;
925-22 TERMINATION OF PENALTY. Unless a person whose driver's license or
925-23 vehicle registration has been suspended or revoked under this
925-24 subchapter files and maintains evidence of financial responsibility
926-1 with the department:
926-2 (1) the suspension or revocation may not be
926-3 terminated;
926-4 (2) the driver's license or registration may not be
926-5 renewed;
926-6 (3) a new driver's license may not be issued to the
926-7 person; or
926-8 (4) a motor vehicle may not be registered in the name
926-9 of the person.
926-10 Sec. 601.342. EVIDENCE OF FINANCIAL RESPONSIBILITY FOLLOWING
926-11 SUSPENSION OR REVOCATION OF NONRESIDENT'S OPERATING PRIVILEGE. The
926-12 department may not terminate the suspension or revocation of a
926-13 nonresident's operating privilege suspended or revoked under this
926-14 subchapter because of a conviction, forfeiture of bail, or guilty
926-15 plea unless the person files and maintains evidence of financial
926-16 responsibility with the department.
926-17 SECTION 30.130. Section 5, Chapter 621 (H.B. No. 1487), Acts
926-18 of the 74th Legislature, Regular Session, 1995, is repealed.
926-19 SECTION 30.131. Section 621.102, Transportation Code, is
926-20 amended to conform more closely to the law from which it was
926-21 derived by amending Subsection (a) and adding Subsection (g) to
926-22 read as follows:
926-23 (a) The commission may set the maximum gross weight of a
926-24 vehicle and its load, maximum gross weight of a combination of
927-1 vehicles and loads, maximum axle load, or maximum wheel load that
927-2 may be moved over a state highway or a farm or ranch road if the
927-3 commission finds that heavier maximum weight would rapidly
927-4 deteriorate or destroy the road or a bridge or culvert along the
927-5 road. A maximum weight or load set under this subsection may not
927-6 exceed the maximum set by statute for that weight or load.
927-7 (g) This section does not apply to a vehicle delivering
927-8 groceries, farm products, or liquefied petroleum gas.
927-9 SECTION 30.132. Section 621.206, Transportation Code, is
927-10 amended by amending Subsection (a) to more closely conform to the
927-11 law from which it was derived and by repealing Subsection (b) to
927-12 conform to the repeal of the source law for that subsection
927-13 (Section 4, Chapter 42, General Laws, Acts of the 41st Legislature,
927-14 2nd Called Session, 1929 (Article 6701d-11, Vernon's Texas Civil
927-15 Statutes) by the Uniform Act Regulating Traffic on Highways
927-16 (Article 6701d, Vernon's Texas Civil Statutes), revised as Subtitle
927-17 C, Title 7, Transportation Code, to read as follows:
927-18 Sec. 621.206. MAXIMUM EXTENDED LENGTH OF LOAD[; SAFETY
927-19 INDICATOR]. [(a)] A vehicle or combination of vehicles may not
927-20 carry a load that extends more than three feet beyond its front or,
927-21 except as permitted by other law, more than four feet beyond its
927-22 rear.
927-23 [(b) If the load, drawbar, or coupling on a vehicle extends
927-24 beyond the rear of the bed or body of the vehicle, a red flag that
928-1 is at least 12 inches long and at least 12 inches wide shall be
928-2 displayed at the end of the load or extension so that the flag is
928-3 clearly visible at all times from the rear of the load or
928-4 extension, except that between one-half hour after sunset and
928-5 one-half hour before sunrise, a red light, plainly visible under
928-6 normal atmospheric conditions at least 500 feet from the rear of
928-7 the vehicle, shall be displayed at the end of the load or
928-8 extension.]
928-9 SECTION 30.133. (a) Section 621.353, Transportation Code,
928-10 is amended to conform to Section 6, Chapter 624 (H.B. No. 1547),
928-11 Acts of the 74th Legislature, Regular Session, 1995, and to Section
928-12 1, Chapter 992 (S.B. No. 20), Acts of the 74th Legislature, Regular
928-13 Session, 1995, by amending Subsections (a) and (c) and adding
928-14 Subsection (d) to read as follows:
928-15 (a) The comptroller [state treasurer] shall send $50 of each
928-16 base fee collected under Section 623.011 for an excess weight
928-17 permit to the counties of the state, with each county receiving an
928-18 amount determined according to the ratio of the total number of
928-19 miles of county roads maintained by the county to the total number
928-20 of miles of county roads maintained by all of the counties of this
928-21 state. The comptroller shall deposit $25 of each base fee, plus
928-22 each fee collected under Section 623.0112, to the credit of the
928-23 state highway fund. Money deposited to the credit of that fund
928-24 under this subsection may be appropriated only to the department to
929-1 administer this section and Sections 623.011, 623.0111, and
929-2 623.0112.
929-3 (c) The comptroller shall send each fee collected under
929-4 Section 623.0112 for an excess weight permit to the counties
929-5 designated on the application for the permit, with each county
929-6 shown on the application receiving an amount determined according
929-7 to the ratio of the total number of miles of county roads
929-8 maintained by the county to the total number of miles of county
929-9 roads maintained by all of the counties designated on the
929-10 application.
929-11 (d) The county treasurer or officer shall deposit amounts
929-12 received under this section to the credit of the county road and
929-13 bridge fund. Money deposited to the credit of that fund under this
929-14 subsection may be used only for a purpose authorized by Section
929-15 256.001(a).
929-16 (b) Section 621.506, Transportation Code, is amended to
929-17 conform to Section 8, Chapter 624 (H.B. No. 1547), Acts of the 74th
929-18 Legislature, Regular Session, 1995, by amending Subsections (b) and
929-19 (d) and adding Subsections (f) and (g) to read as follows:
929-20 (b) An offense under this section is a misdemeanor
929-21 punishable:
929-22 (1) by a fine of not less than $100 and not more than
929-23 $150;
929-24 (2) on conviction of an offense involving a vehicle
930-1 having a gross weight that is more than 5,000 but not more than
930-2 10,000 pounds heavier than the vehicle's allowable gross weight, by
930-3 a fine of not less than $300 or more than $500;
930-4 (3) on conviction of an offense involving a vehicle
930-5 having a gross weight that is more than 10,000 pounds heavier than
930-6 the vehicle's allowable gross weight, by a fine of not less than
930-7 $500 or more than $1,000; or
930-8 (4) on conviction before the first anniversary of the
930-9 date of a previous conviction under this section, by a fine in an
930-10 amount that is twice the amount specified by Subdivision (1), (2),
930-11 or (3). [before the first anniversary of the date of a previous
930-12 conviction under this section, by a fine of not less than $150 or
930-13 more than $250, by confinement in a county jail for not more than
930-14 60 days, or by both the fine and confinement; or]
930-15 [(3) on conviction before the first anniversary of the
930-16 date of a previous conviction under this section that was
930-17 punishable under Subdivision (2) or this subdivision, by a fine of
930-18 not less than $200 or more than $500, by confinement in the county
930-19 jail for not more than six months, or by both the fine and
930-20 confinement.]
930-21 (d) A judge or justice shall promptly report to the
930-22 Department of Public Safety each conviction obtained in the judge's
930-23 or the justice's court under this section. The Department of
930-24 Public Safety shall keep a record of each conviction reported to it
931-1 under this subsection.
931-2 (f) A justice court has jurisdiction of an offense under
931-3 this section. A municipal court has jurisdiction of an offense
931-4 under this section for which the fine does not exceed $500.
931-5 (g) A governmental entity that collects a fine under this
931-6 section for an offense involving a vehicle having a gross weight
931-7 that is more than 5,000 pounds heavier than the vehicle's allowable
931-8 gross weight shall send an amount equal to 50 percent of the fine
931-9 to the comptroller.
931-10 (c) Sections 6 and 8, Chapter 624 (H.B. No. 1547), Acts of
931-11 the 74th Legislature, Regular Session, 1995, are repealed.
931-12 SECTION 30.134. (a) Section 622.011(a), Transportation
931-13 Code, is amended to conform to Section 2, Chapter 624 (H.B. No.
931-14 1547), Acts of the 74th Legislature, Regular Session, 1995, to read
931-15 as follows:
931-16 (a) In this subchapter, "ready-mixed concrete truck" means:
931-17 (1) a vehicle designed exclusively to transport or
931-18 manufacture ready-mixed concrete and includes a vehicle designed
931-19 exclusively to transport and manufacture ready-mixed concrete; or
931-20 (2) a concrete pump truck.
931-21 (b) Section 622.042, Transportation Code, is amended to
931-22 conform to Section 3, Chapter 624 (H.B. No. 1547), Acts of the 74th
931-23 Legislature, Regular Session, 1995, to read as follows:
931-24 Sec. 622.042. TIME OF OPERATION. (a) A vehicle subject to
932-1 this subchapter may be operated only during daytime [between
932-2 sunrise and sunset as defined by law].
932-3 (b) In this section, "daytime" has the meaning assigned by
932-4 Section 541.401.
932-5 (c) Section 622.062, Transportation Code, is amended to
932-6 conform to Section 4, Chapter 624 (H.B. No. 1547), Acts of the 74th
932-7 Legislature, Regular Session, 1995, by amending Subsection (a) and
932-8 adding Subsection (c) to read as follows:
932-9 (a) A vehicle to which this subchapter applies may be
932-10 operated only during daytime [between sunrise and sunset as defined
932-11 by law].
932-12 (c) In this section, "daytime" has the meaning assigned by
932-13 Section 541.401.
932-14 (d) Sections 2, 3, and 4, Chapter 624 (H.B. No. 1547), Acts
932-15 of the 74th Legislature, Regular Session, 1995, are repealed.
932-16 SECTION 30.135. Section 622.012, Transportation Code, is
932-17 amended to more closely conform to the law from which it was
932-18 derived to read as follows:
932-19 Sec. 622.012. Axle-load Restrictions. (a) A ready-mixed
932-20 concrete truck may be operated on a public highway of this state
932-21 only if the tandem axle load is not heavier than 46,000 [50,600]
932-22 pounds and[,] the single axle load is not heavier than 23,000
932-23 [25,300] pounds.
932-24 (b) A truck may be operated at a weight that exceeds the
933-1 maximum single axle or tandem axle load limitation by not more than
933-2 10 percent if[, and] the gross load is not heavier than 69,000
933-3 pounds.
933-4 SECTION 30.136. (a) Chapter 622, Transportation Code, is
933-5 amended by adding Subchapter J to codify Article 6701d-19c, Revised
933-6 Statutes, as added by Section 1, Chapter 826 (H.B. No. 2584), Acts
933-7 of the 74th Legislature, Regular Session, 1995, to read as follows:
933-8 SUBCHAPTER J. CERTAIN VEHICLES TRANSPORTING
933-9 RECYCLABLE MATERIALS
933-10 Sec. 622.131. DEFINITION. In this subchapter, "recyclable
933-11 material" has the meaning assigned by Section 361.421, Health and
933-12 Safety Code.
933-13 Sec. 622.132. APPLICABILITY OF SUBCHAPTER. (a) This
933-14 subchapter applies only to a vehicle equipped with one or more
933-15 container roll-off units.
933-16 (b) This subchapter does not apply to a tractor-trailer
933-17 combination.
933-18 Sec. 622.133. AXLE-LOAD RESTRICTIONS. A vehicle used
933-19 exclusively to transport recyclable materials may be operated on a
933-20 public highway only if the tandem axle load is not heavier than
933-21 44,000 pounds, the single axle load is not heavier than 21,000
933-22 pounds, and the gross load is not heavier than 64,000 pounds.
933-23 Sec. 622.134. SURETY BOND. (a) Except as provided by
933-24 Subsection (c), the owner of a vehicle covered by this subchapter
934-1 with a tandem axle load heavier than 34,000 pounds shall before
934-2 operating the vehicle on a public highway of this state file with
934-3 the department a surety bond subject to the approval of the
934-4 department in the principal amount set by the department not to
934-5 exceed $15,000 for each vehicle.
934-6 (b) The bond must be conditioned that the owner of the
934-7 vehicle will pay, within the limits of the bond, to the state any
934-8 damage to a highway and to a municipality any damage to a municipal
934-9 street caused by the operation of the vehicle.
934-10 (c) Subsection (a) does not apply to a vehicle owned by a
934-11 municipality.
934-12 Sec. 622.135. INTERSTATE AND DEFENSE HIGHWAYS. (a) This
934-13 subchapter does not authorize the operation on the national system
934-14 of interstate and defense highways in this state of a vehicle of a
934-15 size or weight greater than authorized in 23 U.S.C. Section 127, as
934-16 amended.
934-17 (b) If the United States authorizes the operation on the
934-18 national system of interstate and defense highways of vehicles of a
934-19 size or weight greater than those authorized on January 1, 1983,
934-20 the new limit automatically takes effect on the national system of
934-21 interstate and defense highways in this state.
934-22 Sec. 622.136. PENALTIES. (a) A person commits an offense
934-23 if the person violates this subchapter.
934-24 (b) Except as provided by Subsection (c), an offense under
935-1 this section is a misdemeanor punishable:
935-2 (1) by a fine not to exceed $200;
935-3 (2) on conviction within one year after the date of a
935-4 prior conviction under this section that was punishable under
935-5 Subdivision (1), by a fine not to exceed $500, by confinement in
935-6 the county jail for not more than 60 days, or by both the fine and
935-7 confinement; or
935-8 (3) on conviction within one year after the date of a
935-9 prior conviction under this section that was punishable under
935-10 Subdivision (2), by a fine not to exceed $1,000, by confinement in
935-11 the county jail for not more than six months, or by both the fine
935-12 and confinement.
935-13 (c) A corporation is not subject to confinement for an
935-14 offense under this section, but two times the maximum fine provided
935-15 for in the applicable subdivision of Subsection (b) may be imposed
935-16 against the corporation.
935-17 (b) Article 6701d-19c, Revised Statutes, as added by Section
935-18 1, Chapter 826 (H.B. No. 2584), Acts of the 74th Legislature,
935-19 Regular Session, 1995, is repealed.
935-20 SECTION 30.137. (a) Section 622.902, Transportation Code,
935-21 is amended to conform to Sections 26 and 27, Chapter 705 (S.B. No.
935-22 3), Acts of the 74th Legislature, Regular Session, 1995, to read as
935-23 follows:
935-24 Sec. 622.902. LENGTH EXCEPTIONS. The length limitations
936-1 provided by Sections 621.203-621.205 do not apply to:
936-2 (1) machinery used exclusively for drilling water
936-3 wells, including machinery that is itself a unit or that is a unit
936-4 mounted on a conventional vehicle or chassis;
936-5 (2) a vehicle owned or operated by a public, private,
936-6 or volunteer fire department;
936-7 (3) a vehicle or combination of vehicles operated
936-8 exclusively in the territory of a municipality or to a combination
936-9 of vehicles operated by a municipality in a suburb adjoining the
936-10 municipality in which the municipality has been using the equipment
936-11 or similar equipment in connection with an established service to
936-12 the suburb;
936-13 (4) a truck-tractor, truck-tractor combination, or
936-14 truck-trailer combination exclusively transporting machinery,
936-15 materials, and equipment [incidental to or] used in the
936-16 construction, operation, and maintenance of facilities, including
936-17 pipelines, that are used for the discovery, production, and
936-18 processing of natural gas or [and] petroleum[, and that machinery,
936-19 materials, and equipment when used in the construction and
936-20 maintenance of pipelines];
936-21 (5) a drive-away saddlemount vehicle transporter
936-22 combination or a drive-away saddlemount with fullmount vehicle
936-23 transporter combination, as defined by 23 C.F.R. Part 658 or its
936-24 successor, if:
937-1 (A) the overall length of the combination is not
937-2 longer than 75 feet; and
937-3 (B) the combination does not have more than
937-4 three saddlemounted vehicles if the combination does not include
937-5 more than one fullmount vehicle; or
937-6 (6) the combination of a tow truck and another vehicle
937-7 or vehicle combination if:
937-8 (A) the other vehicle or vehicle combination
937-9 cannot be normally or safely driven or was abandoned on a highway;
937-10 and
937-11 (B) the tow truck is towing the other vehicle or
937-12 vehicle combination directly to the nearest authorized place of
937-13 repair, terminal, or destination of unloading.
937-14 (b) Sections 26 and 27, Chapter 705 (S.B. No. 3), Acts of
937-15 the 74th Legislature, Regular Session, 1995, are repealed.
937-16 SECTION 30.138. (a) Section 623.011, Transportation Code,
937-17 is amended to conform to Sections 1, 6, and 7, Chapter 624 (H.B.
937-18 No. 1547), Acts of the 74th Legislature, Regular Session, 1995, by
937-19 amending Subsection (b) and adding Subsections (d)-(g) to read as
937-20 follows:
937-21 (b) To qualify for a permit under this section:
937-22 (1) the vehicle must be registered under Chapter 502
937-23 for the maximum gross weight applicable to the vehicle under
937-24 Section 621.101, not to exceed 80,000 pounds;
938-1 (2) the security requirement of Section 623.012 must
938-2 be satisfied; and
938-3 (3) a base permit fee of $75, any additional fee
938-4 required by Section 623.0111, and any additional fee set by the
938-5 department under Section 623.0112 must be paid.
938-6 (d) When the department issues a permit under this section,
938-7 the department shall issue a sticker to be placed on the front
938-8 windshield of the vehicle above the inspection certificate issued
938-9 to the vehicle. The department shall design the form of the
938-10 sticker to aid in the enforcement of weight limits for vehicles.
938-11 (e) The sticker must:
938-12 (1) indicate the expiration date of the permit; and
938-13 (2) be removed from the vehicle when:
938-14 (A) the permit for operation of the vehicle
938-15 expires;
938-16 (B) a lease of the vehicle expires; or
938-17 (C) the vehicle is sold.
938-18 (f) A person commits an offense if the person fails to
938-19 display the sticker in the manner required by Subsection (d). An
938-20 offense under this subsection is a Class C misdemeanor. Section
938-21 623.019(g) applies to an offense under this subsection.
938-22 (g) A vehicle operating under a permit issued under this
938-23 section may exceed the maximum allowable gross weight tolerance
938-24 allowance by not more than five percent, regardless of the weight
939-1 of any one axle or tandem axle, if no axle or tandem axle exceeds
939-2 the tolerance permitted by Subsection (a).
939-3 (b) Subchapter B, Chapter 623, Transportation Code, is
939-4 amended to conform to Section 6, Chapter 624 (H.B. No. 1547), Acts
939-5 of the 74th Legislature, Regular Session, 1995, by adding Sections
939-6 623.0111 and 623.0112 to read as follows:
939-7 Sec. 623.0111. ADDITIONAL FEE FOR OPERATION OF VEHICLE UNDER
939-8 PERMIT. (a) When a person applies for a permit under Section
939-9 623.011, the person must:
939-10 (1) designate in the application each county in which
939-11 the vehicle will be operated; and
939-12 (2) pay in addition to other fees an annual fee in an
939-13 amount determined according to the following table:
939-14 Number of Counties Designated Fee
939-15 1-20 $125
939-16 21-40 $345
939-17 41-60 $565
939-18 61-80 $785
939-19 81-100 $1,005
939-20 101-254 $2,000
939-21 (b) A permit issued under Section 623.011 does not authorize
939-22 the operation of the vehicle in a county that is not designated in
939-23 the application.
939-24 Sec. 623.0112. ADDITIONAL ADMINISTRATIVE FEE. When a person
940-1 applies for a permit under Section 623.011, the person must pay in
940-2 addition to other fees an administrative fee adopted by department
940-3 rule in an amount not to exceed the direct and indirect cost to the
940-4 department of:
940-5 (1) issuing a sticker under Section 623.011(d);
940-6 (2) distributing fees under Section 621.353; and
940-7 (3) notifying counties under Section 623.013.
940-8 (c) Section 623.013, Transportation Code, is amended to
940-9 conform to Section 5, Chapter 624 (H.B. No. 1547), Acts of the 74th
940-10 Legislature, Regular Session, 1995, to read as follows:
940-11 Sec. 623.013. DEPARTMENT'S [PERMIT HOLDER'S] NOTICE TO
940-12 COUNTY. (a) Not later than the 14th day after the date the
940-13 department issues [a person receives] a permit under Section
940-14 623.011, the department [person] shall notify [by certified or
940-15 registered mail, return receipt requested,] the county clerk of
940-16 each county listed in the application for the permit [which the
940-17 person intends that the vehicle be operated]. The notice must
940-18 include:
940-19 (1) the name and address of the person for whom a
940-20 permit was issued [registered owner or operator of the vehicle];
940-21 and
940-22 (2) the vehicle identification number and license
940-23 plate number of the vehicle[;]
940-24 [(3) a statement that the person intends that a
941-1 vehicle with a gross weight, axle weight, or wheel load that
941-2 exceeds the limitations established under Subchapter B of Chapter
941-3 621 or Section 621.301 be operated on or over the county roads,
941-4 bridges, and culverts; and]
941-5 [(4) a statement that the notice is being given as
941-6 required by this subsection].
941-7 (b) The department [person] shall send a copy of the permit
941-8 and the bond or letter of credit required for the permit with the
941-9 notice required by this section.
941-10 [(c) If the permit holder is a corporation or partnership,
941-11 the notice under this section may be given by an officer of the
941-12 corporation or by a general partner of the partnership.]
941-13 (d) Section 623.014, Transportation Code, is amended to
941-14 conform to Section 6, Chapter 624 (H.B. No. 1547), Acts of the 74th
941-15 Legislature, Regular Session, 1995, to read as follows:
941-16 Sec. 623.014. TRANSFER OF PERMIT. (a) A [The department
941-17 without charge may transfer a] permit issued under Section 623.011
941-18 may not be transferred [to a vehicle for which an original permit
941-19 may be issued under that section if:]
941-20 [(1) the vehicle for which the permit was issued has
941-21 been sold;]
941-22 [(2) the lease of the vehicle for which the permit was
941-23 issued has terminated; or]
941-24 [(3) the vehicle for which the permit was issued is to
942-1 be out of service because of a mechanical failure for longer than
942-2 30 days].
942-3 (b) If the vehicle for which a permit was issued is
942-4 destroyed or permanently inoperable, a person may apply to the
942-5 department for a credit for the remainder of the permit period.
942-6 [The transfer of a permit does not extend the period for which the
942-7 permit is valid.]
942-8 (c) The department shall issue the prorated credit if the
942-9 person:
942-10 (1) pays the fee adopted by the department; and
942-11 (2) provides the department with:
942-12 (A) the original permit; or
942-13 (B) if the original permit does not exist,
942-14 written evidence in a form approved by the department that the
942-15 vehicle has been destroyed or is permanently inoperable [A person
942-16 must apply for a transfer by filing with the department an
942-17 affidavit that states the reason for the transfer and a description
942-18 of the vehicle to which the permit is to be transferred, including
942-19 its vehicle identification number].
942-20 (d) The fee adopted by the department under Subsection
942-21 (c)(1) may not exceed the cost of issuing the credit.
942-22 (e) A credit issued under Subsection (c) may be used only
942-23 toward the payment of a permit fee under this subchapter.
942-24 SECTION 30.139. (a) Subchapter B, Chapter 623,
943-1 Transportation Code, is amended to conform to Section 28, Chapter
943-2 705 (S.B. No. 3), Acts of the 74th Legislature, Regular Session,
943-3 1995, by adding Section 623.0155 to read as follows:
943-4 Sec. 623.0155. INDEMNIFICATION FROM MOTOR CARRIER
943-5 PROHIBITED. (a) A person may not require indemnification from a
943-6 motor carrier as a condition to:
943-7 (1) the transportation of property for compensation or
943-8 hire by the carrier; or
943-9 (2) entrance on property by the carrier for the
943-10 purpose of loading, unloading, or transporting property for
943-11 compensation or hire.
943-12 (b) Subsection (a)(2) does not apply to a claim arising from
943-13 damage or loss from a wrongful or negligent act or omission of the
943-14 carrier.
943-15 (b) Section 28, Chapter 705 (S.B. No. 3), Acts of the 74th
943-16 Legislature, Regular Session, 1995, is repealed.
943-17 (c) Subchapter B, Chapter 623, Transportation Code, is
943-18 amended to conform to Section 7, Chapter 624 (H.B. No. 1547), Acts
943-19 of the 74th Legislature, Regular Session, 1995, by adding Section
943-20 623.019 to read as follows:
943-21 Sec. 623.019. VIOLATIONS OF SUBCHAPTER; OFFENSES. (a) A
943-22 person who holds a permit issued under Section 623.011 commits an
943-23 offense if:
943-24 (1) the person:
944-1 (A) operates or directs the operation of the
944-2 vehicle for which the permit was issued on a public highway or
944-3 road; and
944-4 (B) is criminally negligent with regard to the
944-5 operation of the vehicle at a weight heavier than the weight limit
944-6 authorized by Section 623.011; or
944-7 (2) the person operates or directs the operation of
944-8 the vehicle for which the permit was issued:
944-9 (A) in a county not designated in the person's
944-10 application under Section 623.0111; and
944-11 (B) at a weight heavier than a weight limit
944-12 established under:
944-13 (i) Subchapter E, Chapter 251;
944-14 (ii) Chapter 621 or 622; or
944-15 (iii) this chapter.
944-16 (b) Except as provided by Subsections (c) and (d), an
944-17 offense under Subsection (a) is a misdemeanor punishable by a fine
944-18 of not less than $100 or more than $150.
944-19 (c) An offense under Subsection (a) is a misdemeanor and,
944-20 except as provided by Subsection (d), is punishable by a fine of:
944-21 (1) not less than $300 or more than $500 if the
944-22 offense involves a vehicle having a gross weight that is heavier
944-23 than 5,000 but not heavier than 10,000 pounds over the vehicle's
944-24 allowable gross weight; or
945-1 (2) not less than $500 or more than $1,000 if the
945-2 offense involves a vehicle having a gross weight that is at least
945-3 10,000 pounds heavier than the vehicle's allowable gross weight.
945-4 (d) On conviction before the first anniversary of the date
945-5 of a previous conviction under Subsection (a), an offense is
945-6 punishable by a fine in an amount that is twice the amount
945-7 specified by Subsection (c).
945-8 (e) A governmental entity collecting a fine under Subsection
945-9 (c) shall send an amount equal to 50 percent of the fine to the
945-10 comptroller.
945-11 (f) A justice of the peace has jurisdiction of any offense
945-12 under this section. A municipal court has jurisdiction of an
945-13 offense under this section in which the fine does not exceed $500.
945-14 (g) A justice or judge who renders a conviction under this
945-15 section shall report the conviction to the Department of Public
945-16 Safety. The Department of Public Safety shall keep a record of
945-17 each conviction reported under this subsection.
945-18 (d) Sections 1, 5, and 7, Chapter 624 (H.B. No. 1547), Acts
945-19 of the 74th Legislature, Regular Session, 1995, are repealed.
945-20 SECTION 30.140. Section 623.051(e), Transportation Code, is
945-21 repealed to conform to the repeal of the law from which it was
945-22 derived by Section 31(a)(14), Chapter 705 (S.B. No. 3), Acts of
945-23 the 74th Legislature, Regular Session, 1995.
945-24 SECTION 30.141. (a) Section 623.075(c), Transportation
946-1 Code, is amended to conform to Section 23, Chapter 705 (S.B. No.
946-2 3), Acts of the 74th Legislature, Regular Session, 1995, to read as
946-3 follows:
946-4 (c) This section applies to the delivery of farm equipment
946-5 to a farm equipment dealer. This section does not apply to:
946-6 (1) the driving or transporting of farm equipment that
946-7 is being used for an agricultural purpose and is driven or
946-8 transported by or under the authority of the owner of the
946-9 equipment; or
946-10 (2) a vehicle or equipment operated by a motor carrier
946-11 registered under Chapter 643 or Chapter 645.
946-12 (b) Section 23, Chapter 705 (S.B. No. 3), Acts of the 74th
946-13 Legislature, Regular Session, 1995, is repealed.
946-14 SECTION 30.142. (a) Section 623.093, Transportation Code,
946-15 is amended to conform to Section 16, Chapter 978 (H.B. No. 785),
946-16 Acts of the 74th Legislature, Regular Session, 1995, by amending
946-17 Subsection (a) and adding Subsection (d) to read as follows:
946-18 (a) The application for a permit and the permit must be in
946-19 the form prescribed by the department. The permit must show:
946-20 (1) the length, width, and height of the manufactured
946-21 house and the towing vehicle in combination; [and]
946-22 (2) the complete identification or serial number, the
946-23 Department of Housing and Urban Development label number, or the
946-24 state seal number of the house;
947-1 (3) the name of the owner of the house;
947-2 (4) the location from which the house is being
947-3 transported;
947-4 (5) the location to which the house is being
947-5 transported; and
947-6 (6) the route for the transportation of the
947-7 [manufactured] house.
947-8 (d) Each quarter the department shall send a copy of each
947-9 permit for the transportation of a manufactured house that begins
947-10 or ends in this state, or provide the essential information in the
947-11 permit, to the chief appraiser of the appraisal district in each
947-12 county in which the transportation begins or ends.
947-13 (b) Section 16, Chapter 978 (H.B. No. 785), Acts of the 74th
947-14 Legislature, Regular Session, 1995, is repealed.
947-15 SECTION 30.143. (a) Section 623.094, Transportation Code,
947-16 is amended to conform to Section 17, Chapter 978 (H.B. No. 785),
947-17 Acts of the 74th Legislature, Regular Session, 1995, to read as
947-18 follows:
947-19 Sec. 623.094. MANUFACTURER'S, INSTALLER'S, RETAILER'S, AND
947-20 TRANSPORTER'S PERMIT. (a) Except as authorized by Section
947-21 623.095, the department may issue a permit only to a [person]:
947-22 (1) person registered as a manufacturer, installer, or
947-23 retailer with the Texas Department of Housing [commissioner of
947-24 licensing] and Community Affairs [regulation]; or
948-1 (2) motor carrier registered with the department
948-2 [certificated for the transportation of a manufactured house by the
948-3 Railroad Commission of Texas or the Interstate Commerce
948-4 Commission].
948-5 (b) The registration number or the motor carrier
948-6 [certificate] number of the person to whom the permit is issued
948-7 shall be affixed to the rear of the manufactured house during
948-8 transportation and have letters and numbers that are at least eight
948-9 inches high.
948-10 (b) Section 623.095, Transportation Code, is amended to
948-11 conform to Section 17, Chapter 978 (H.B. No. 785), and Section 22,
948-12 Chapter 705 (S.B. No. 3), Acts of the 74th Legislature, Regular
948-13 Session, 1995, to read as follows:
948-14 Sec. 623.095. SINGLE-TRIP PERMIT. (a) The department may
948-15 issue a single-trip permit for the transportation of a manufactured
948-16 house to:
948-17 (1) the owner of a manufactured house if:
948-18 (A) the title to the manufactured house and the
948-19 title to the towing vehicle show that the owner of the manufactured
948-20 house and the owner of the towing vehicle are the same person; or
948-21 (B) a lease [filed under Chapter 641] shows that
948-22 the owner of the manufactured house and the lessee of the towing
948-23 vehicle are the same person; [or]
948-24 (2) an installer registered with the Texas Department
949-1 of Housing [Licensing] and Community Affairs [Regulation] for the
949-2 transportation of a manufactured house; or
949-3 (3) a motor carrier registered under Chapter 643 [if
949-4 that transportation is excluded from regulation under Chapter 314,
949-5 Acts of the 41st Legislature, Regular Session, 1929 (Article 911b,
949-6 Vernon's Texas Civil Statutes)].
949-7 (b) An owner, motor carrier, or installer must have proof of
949-8 the insurance coverage required by Section 623.103.
949-9 (c) Section 17, Chapter 978 (H.B. No. 785), and Section 22,
949-10 Chapter 705 (S.B. No. 3), Acts of the 74th Legislature, Regular
949-11 Session, 1995, are repealed.
949-12 SECTION 30.144. (a) Section 623.096, Transportation Code,
949-13 is amended to conform to Section 18, Chapter 978 (H.B. No. 785),
949-14 Acts of the 74th Legislature, 1995, to read as follows:
949-15 Sec. 623.096. PERMIT FEE. (a) The department shall collect
949-16 a fee of $20 [$15] for each permit issued under this subchapter.
949-17 Of each fee, 30 cents shall be deposited to the credit of the state
949-18 highway fund.
949-19 (b) On application, the department may [shall] issue a
949-20 permit book [or packet containing 20 permits if the $15 fee for
949-21 each permit in the book or packet is received with the
949-22 application].
949-23 (c) [A permit in a book or packet may be used for the
949-24 movement of a manufactured house regardless of the manufactured
950-1 house's width, length, or height.] The route approval and any
950-2 required validation number for a [the] permit may be secured from
950-3 the issuing office by telephone communication.
950-4 (d) In lieu of issuing a permit book [or packet], the
950-5 department may establish an escrow account for the payment of
950-6 permit fees.
950-7 (b) Section 18, Chapter 978 (H.B. No. 785), Acts of the 74th
950-8 Legislature, Regular Session, 1995, is repealed.
950-9 SECTION 30.145. (a) Section 623.098(a), Transportation
950-10 Code, is amended to conform to Section 19, Chapter 978 (H.B. No.
950-11 785), Acts of the 74th Legislature, Regular Session, 1995, to read
950-12 as follows:
950-13 (a) A manufactured house that is wider than 12 feet must
950-14 have one rotating amber beacon of not less than eight inches
950-15 mounted at the rear of the manufactured house on the roof or one
950-16 flashing amber light mounted at each rear corner of the
950-17 manufactured house approximately six feet above ground level. In
950-18 addition, the towing vehicle must have one rotating amber beacon of
950-19 not less than eight inches mounted on top of the cab.
950-20 (b) Section 19, Chapter 978 (H.B. No. 785), Acts of the 74th
950-21 Legislature, Regular Session, 1995, is repealed.
950-22 SECTION 30.146. (a) Section 623.121, Transportation Code,
950-23 is amended to conform to Section 1, Chapter 832 (H.B. No. 2754),
950-24 Acts of the 74th Legislature, Regular Session, 1995, by adding
951-1 Subsection (c) to read as follows:
951-2 (c) In this section, "portable building unit" means the
951-3 prefabricated structural and other components incorporated and
951-4 delivered by the manufacturer as a complete inspected unit with a
951-5 distinct serial number. The term includes a fully assembled
951-6 configuration, a partially assembled configuration, or a kit or
951-7 unassembled configuration, when loaded for transport.
951-8 (b) Section 1, Chapter 832 (H.B. No. 2754), Acts of the 74th
951-9 Legislature, Regular Session, 1995, is repealed.
951-10 SECTION 30.147. Sections 623.150 and 623.200, Transportation
951-11 Code, are amended to conform to the transfer of motor carrier
951-12 registration responsibilities from the Railroad Commission of Texas
951-13 to the Texas Department of Transportation by Chapter 705 (S.B. No.
951-14 3), Acts of the 74th Legislature, Regular Session, 1995, to read as
951-15 follows:
951-16 Sec. 623.150. Nonapplicability of Subchapter. This
951-17 subchapter does not apply to a person issued a registration
951-18 certificate under Chapter 643 [authorized by the Railroad
951-19 Commission of Texas to operate as a carrier for compensation or
951-20 hire over the public highways of this state], even if not all the
951-21 operations of the person are performed under that [the]
951-22 certificate[, permit, or authority granted by that commission].
951-23 Sec. 623.200. Nonapplicability of Subchapter. This
951-24 subchapter does not apply to a person issued a registration
952-1 certificate under Chapter 643 [authorized by the Railroad
952-2 Commission of Texas to operate as a carrier for compensation or
952-3 hire over the public highways of this state], even if not all the
952-4 operations of the person are performed under that [the]
952-5 certificate[, permit, or authority granted by that commission for
952-6 that purpose].
952-7 SECTION 30.148. Chapter 641, Transportation Code, is
952-8 repealed to conform to the repeal of the law from which it was
952-9 derived by Section 31(a)(11), Chapter 705 (S.B. No. 3), Acts of the
952-10 74th Legislature, Regular Session, 1995.
952-11 SECTION 30.149. (a) Section 642.003, Transportation Code,
952-12 is amended to conform to Sections 24 and 31(a)(11), Chapter 705
952-13 (S.B. No. 3), Acts of the 74th Legislature, Regular Session, 1995,
952-14 to read as follows:
952-15 Sec. 642.003. NONAPPLICABILITY. Section 642.002 does not
952-16 apply to[:]
952-17 [(1)] a commercial motor vehicle, road-tractor, or
952-18 truck-tractor that is:
952-19 (1) [(A)] registered under Section 502.163;
952-20 [(B) operated under a lease, memorandum, or
952-21 agreement that complies with Chapter 641;]
952-22 [(C) operated under the control, supervision, or
952-23 authority of a motor carrier subject to Section 18, Chapter 314,
952-24 Acts of the 41st Legislature, Regular Session, 1929 (Article 911b,
953-1 Vernon's Texas Civil Statutes) or exempt under Section 18A, Chapter
953-2 314, Acts of the 41st Legislature, Regular Session, 1929 (Article
953-3 911b, Vernon's Texas Civil Statutes);]
953-4 (2) [(D)] required to be registered under Section
953-5 113.131, Natural Resources Code;
953-6 (3) [(E)] operated in private carriage that is subject
953-7 to Title 49, Code of Federal Regulations, Part 397.21;
953-8 (4) [(F)] operated under the direct control,
953-9 supervision, or authority of a public utility, as recognized by the
953-10 legislature, that is otherwise visibly marked; or
953-11 (5) [(G)] transporting timber products in their
953-12 natural state from first point of production or harvest to first
953-13 point of processing[; or]
953-14 [(2) a commercial motor vehicle operated under the
953-15 control, supervision, or authority of a motor bus company that has
953-16 been issued a certificate under Chapter 270, Acts of the 40th
953-17 Legislature, Regular Session, 1927 (Article 911a, Vernon's Texas
953-18 Civil Statutes), by the Railroad Commission of Texas].
953-19 (b) Section 24, Chapter 705 (S.B. No. 3), Acts of the 74th
953-20 Legislature, Regular Session, 1995, is repealed.
953-21 SECTION 30.150. (a) Subtitle F, Title 7, Transportation
953-22 Code, is amended to codify Article 6675c, Revised Statutes, as
953-23 added by Section 1, Chapter 705 (S.B. No. 3), Acts of the 74th
953-24 Legislature, Regular Session, 1995, by adding Chapter 643 to read
954-1 as follows:
954-2 CHAPTER 643. MOTOR CARRIER REGISTRATION
954-3 SUBCHAPTER A. GENERAL PROVISIONS
954-4 Sec. 643.001. DEFINITIONS. In this chapter:
954-5 (1) "Department" means the Texas Department of
954-6 Transportation.
954-7 (2) "Director" means:
954-8 (A) the executive director of the department; or
954-9 (B) an employee of the department who:
954-10 (i) is a division or special office
954-11 director or holds a higher rank; and
954-12 (ii) is designated by the director.
954-13 (3) "Hazardous material" has the meaning assigned by
954-14 49 U.S.C. Section 5102.
954-15 (4) "Household goods" has the meaning assigned by 49
954-16 U.S.C. Section 10102.
954-17 (5) "Insurer" means a person, including a surety,
954-18 authorized in this state to write lines of insurance coverage
954-19 required by this chapter.
954-20 (6) "Motor carrier" means an individual, association,
954-21 corporation, or other legal entity that controls, operates, or
954-22 directs the operation of one or more vehicles that transport
954-23 persons or cargo over a road or highway in this state.
954-24 (7) "Tow truck" means a motor vehicle, including a
955-1 wrecker, equipped with a mechanical device used to tow, winch, or
955-2 otherwise move another motor vehicle.
955-3 (8) "Vehicle requiring registration" means a vehicle
955-4 described by Section 643.051.
955-5 Sec. 643.002. EXEMPTIONS. This chapter does not apply to:
955-6 (1) a motor vehicle registered under the single state
955-7 registration system established under 49 U.S.C. Section 11506(c)
955-8 when operating exclusively in interstate or international commerce;
955-9 (2) a motor vehicle registered as a cotton vehicle
955-10 under Section 502.277; or
955-11 (3) a motor vehicle the department by rule exempts
955-12 because the vehicle is subject to comparable registration and a
955-13 comparable safety program administered by another agency.
955-14 Sec. 643.003. RULES. The department may adopt rules to
955-15 administer this chapter.
955-16 Sec. 643.004. PAYMENT OF FEES. The department may adopt
955-17 rules on the method of payment of a fee under this chapter,
955-18 including:
955-19 (1) authorizing the use of electronic funds transfer
955-20 or a credit card issued by a financial institution chartered by a
955-21 state or the United States or by a nationally recognized credit
955-22 organization approved by the department; and
955-23 (2) requiring the payment of a discount or service
955-24 charge for a credit card payment in addition to the fee.
956-1 (Sections 643.005-643.050 reserved for expansion
956-2 SUBCHAPTER B. REGISTRATION
956-3 Sec. 643.051. REGISTRATION REQUIRED. A motor carrier may
956-4 not operate a commercial motor vehicle, as defined by Section
956-5 548.001, or a tow truck on a road or highway of this state unless
956-6 the carrier registers with the department under this subchapter.
956-7 Sec. 643.052. APPLICATION. To register under this
956-8 subchapter a motor carrier must submit to the department an
956-9 application on a form prescribed by the department. The
956-10 application must include:
956-11 (1) the name of the owner and the principal business
956-12 address of the motor carrier;
956-13 (2) the name and address of the legal agent for
956-14 service of process on the carrier in this state, if different;
956-15 (3) a description of each vehicle requiring
956-16 registration the carrier proposes to operate, including the motor
956-17 vehicle identification number, make, and unit number;
956-18 (4) a statement as to whether the carrier proposes to
956-19 transport household goods or a hazardous material;
956-20 (5) a declaration that the applicant has knowledge of
956-21 all laws and rules relating to motor carrier safety, including this
956-22 chapter, Chapter 644, and Subtitle C; and
956-23 (6) any other information the department by rule
956-24 determines is necessary for the safe operation of a motor carrier
957-1 under this chapter.
957-2 Sec. 643.053. FILING OF APPLICATION. An application under
957-3 Section 643.052 must be filed with the department and accompanied
957-4 by:
957-5 (1) an application fee of $100 plus a $10 fee for each
957-6 vehicle requiring registration the motor carrier proposes to
957-7 operate;
957-8 (2) evidence of insurance or financial responsibility
957-9 as required by Section 643.103(a); and
957-10 (3) any insurance filing fee required under Section
957-11 643.103(c).
957-12 Sec. 643.054. DEPARTMENT APPROVAL; ISSUANCE OF CERTIFICATE.
957-13 (a) The department shall register a motor carrier under this
957-14 subchapter if the carrier complies with Sections 643.052 and
957-15 643.053. The department may deny a registration if the applicant
957-16 has had a registration revoked under Section 643.252.
957-17 (b) The department shall issue a certificate containing a
957-18 single registration number to a motor carrier, regardless of the
957-19 number of vehicles requiring registration the carrier operates.
957-20 Sec. 643.055. CONDITIONAL ACCEPTANCE. (a) The department
957-21 may conditionally accept an incomplete application for registration
957-22 under this subchapter if the motor carrier complies with Section
957-23 643.053.
957-24 (b) The department shall notify a motor carrier that an
958-1 application is incomplete and inform the carrier of the information
958-2 required for completion. If the motor carrier fails to provide the
958-3 information before the 46th day after the date the department
958-4 provides the notice, the application is considered withdrawn, and
958-5 the department shall retain each fee required by Section
958-6 643.053(1).
958-7 Sec. 643.056. SUPPLEMENTAL REGISTRATION. (a) A motor
958-8 carrier required to register under this subchapter shall supplement
958-9 the carrier's application for registration before:
958-10 (1) the carrier transports a hazardous material or
958-11 household goods if the carrier has not provided notice of the
958-12 transportation to the department in the carrier's initial or a
958-13 supplemental application for registration;
958-14 (2) the carrier operates a vehicle requiring
958-15 registration that is not described on the carrier's initial or a
958-16 supplemental application for registration; or
958-17 (3) the carrier changes the carrier's principal
958-18 business address, legal agent, ownership, or name.
958-19 (b) The department shall prescribe the form of a
958-20 supplemental application for registration under Subsection (a).
958-21 Sec. 643.057. ADDITIONAL VEHICLES AND FEES. (a) A motor
958-22 carrier may not operate an additional vehicle requiring
958-23 registration unless the carrier pays a registration fee of $10 for
958-24 each additional vehicle and shows the department evidence of
959-1 insurance or financial responsibility for the vehicle in an amount
959-2 at least equal to the amount set by the department under Section
959-3 643.101.
959-4 (b) A motor carrier is not required to pay the $10
959-5 registration fee for a vehicle that replaces a vehicle for which
959-6 the fee has been paid.
959-7 (c) A registered motor carrier may not transport household
959-8 goods or a hazardous material unless the carrier shows the
959-9 department evidence of insurance or financial responsibility in an
959-10 amount at least equal to the amount set by the department under
959-11 Section 643.101 for a vehicle carrying household goods or a
959-12 hazardous material.
959-13 (d) The department may not collect more than $10 in
959-14 equipment registration fees for a vehicle registered under both
959-15 this subchapter and Chapter 645.
959-16 Sec. 643.058. RENEWAL OF REGISTRATION. (a) A registration
959-17 issued under this subchapter is valid for one year. The department
959-18 may adopt a system under which registrations expire at different
959-19 times during the year.
959-20 (b) A motor carrier may renew a registration under this
959-21 subchapter by:
959-22 (1) supplementing the application with any new
959-23 information required under Section 643.056;
959-24 (2) paying a $10 fee for each vehicle requiring
960-1 registration the carrier operates; and
960-2 (3) providing the department evidence of continuing
960-3 insurance or financial responsibility in an amount at least equal
960-4 to the amount set by the department under Section 643.101.
960-5 Sec. 643.059. CAB CARDS. (a) The department shall issue a
960-6 cab card for each vehicle requiring registration. A cab card must:
960-7 (1) show the registration number of the certificate
960-8 issued under Section 643.054(b);
960-9 (2) show the vehicle unit number;
960-10 (3) show the vehicle identification number; and
960-11 (4) contain a statement that the vehicle is registered
960-12 to operate under this subchapter.
960-13 (b) The department shall issue cab cards annually at the
960-14 time a motor carrier pays a registration fee under this subchapter.
960-15 The department may charge a fee of $1 for each cab card.
960-16 (c) A motor carrier required to register under this
960-17 subchapter must keep the cab card in the cab of each vehicle
960-18 requiring registration the carrier operates.
960-19 (d) The department may order a motor carrier to surrender a
960-20 cab card if the carrier's registration is suspended or revoked
960-21 under Section 643.252.
960-22 (e) If the department determines that the cab card system
960-23 described by Subsections (a)-(c) is not an efficient means of
960-24 enforcing this subchapter, the department by rule may adopt an
961-1 alternative method that is accessible by law enforcement personnel
961-2 in the field and provides for the enforcement of the annual
961-3 registration requirements of this subchapter.
961-4 Sec. 643.060. TEMPORARY REGISTRATION OF INTERNATIONAL MOTOR
961-5 CARRIER. The department by rule may provide for the temporary
961-6 registration of an international motor carrier that provides
961-7 evidence of insurance as required for a domestic motor carrier.
961-8 The department may charge a fee for a temporary registration in an
961-9 amount not to exceed the cost of administering this section.
961-10 (Sections 643.061-643.100 reserved for expansion
961-11 SUBCHAPTER C. INSURANCE
961-12 Sec. 643.101. AMOUNT REQUIRED. (a) A motor carrier
961-13 required to register under Subchapter B shall maintain liability
961-14 insurance in an amount set by the department for each vehicle
961-15 requiring registration the carrier operates.
961-16 (b) The department by rule may set the amount of liability
961-17 insurance required at an amount that does not exceed the amount
961-18 required for a motor carrier under a federal regulation adopted
961-19 under 49 U.S.C. Section 10927(a)(1). In setting the amount the
961-20 department shall consider:
961-21 (1) the class and size of the vehicle; and
961-22 (2) the persons or cargo being transported.
961-23 (c) A motor carrier required to register under Subchapter B
961-24 that transports household goods shall maintain cargo insurance in
962-1 the amount required for a motor carrier transporting household
962-2 goods under federal law.
962-3 Sec. 643.102. SELF-INSURANCE. A motor carrier may comply
962-4 with Section 643.101 through self-insurance if the carrier
962-5 demonstrates to the department that it can satisfy its obligations
962-6 for liability for bodily injury or property damage. In the
962-7 interest of public safety, the department by rule shall provide for
962-8 a responsible system of self-insurance for a motor carrier.
962-9 Sec. 643.103. FILING; EVIDENCE OF INSURANCE; FEES. (a) A
962-10 motor carrier that is required to register under Subchapter B must
962-11 file with the department evidence of insurance in the amounts
962-12 required by Section 643.101, or evidence of financial
962-13 responsibility as described by Section 643.102, in a form
962-14 prescribed by the department. The form must be filed:
962-15 (1) at the time of the initial registration;
962-16 (2) at the time of a subsequent registration if the
962-17 motor carrier was required to be continuously registered under
962-18 Subchapter B and the carrier failed to maintain continuous
962-19 registration;
962-20 (3) at the time a motor carrier changes insurers; and
962-21 (4) at the time a motor carrier changes ownership, as
962-22 determined by rules adopted by the department.
962-23 (b) A motor carrier shall keep evidence of insurance in a
962-24 form approved by the department in the cab of each vehicle
963-1 requiring registration the carrier operates.
963-2 (c) The department may charge a fee of $100 for a filing
963-3 under Subsection (a).
963-4 Sec. 643.104. TERMINATION OF INSURANCE COVERAGE. (a) An
963-5 insurer may not terminate coverage provided to a motor carrier
963-6 registered under Subchapter B unless the insurer provides the
963-7 department with notice at least 30 days before the date the
963-8 termination takes effect.
963-9 (b) Notice under Subsection (a) must be in a form approved
963-10 by the department and the Texas Department of Insurance. The
963-11 department shall notify the Department of Public Safety of each
963-12 notice filed under Subsection (a).
963-13 Sec. 643.105. INSOLVENCY OF INSURER. If an insurer for a
963-14 motor carrier becomes insolvent, is placed in receivership, or has
963-15 its certificate of authority suspended or revoked and if the
963-16 carrier no longer has insurance coverage as required by this
963-17 subchapter, the carrier shall file with the department, not later
963-18 than the 10th day after the date the coverage lapses:
963-19 (1) evidence of insurance as required by Section
963-20 643.103; and
963-21 (2) an affidavit that:
963-22 (A) indicates that an accident from which the
963-23 carrier may incur liability did not occur while the coverage was
963-24 not in effect; or
964-1 (B) contains a plan acceptable to the department
964-2 indicating how the carrier will satisfy claims of liability against
964-3 the carrier for an accident that occurred while the coverage was
964-4 not in effect.
964-5 Sec. 643.106. INSURANCE FOR EMPLOYEES. (a) Notwithstanding
964-6 any contrary provision of any law or regulation, a motor carrier
964-7 required to register under Subchapter B shall protect its employees
964-8 by obtaining:
964-9 (1) workers' compensation insurance coverage as
964-10 defined under Subtitle A, Title 5, Labor Code; or
964-11 (2) accidental insurance coverage approved by the
964-12 department from a reliable insurance company authorized to write
964-13 accidental insurance policies in this state.
964-14 (b) The department shall determine the amount of insurance
964-15 coverage under Subsection (a)(2). The amount may not be less than:
964-16 (1) $300,000 for medical expenses for at least 104
964-17 weeks;
964-18 (2) $100,000 for accidental death and dismemberment;
964-19 (3) 70 percent of an employee's pre-injury income for
964-20 at least 104 weeks when compensating for loss of income; and
964-21 (4) $500 for the maximum weekly benefit.
964-22 (Sections 643.107-643.150 reserved for expansion
964-23 SUBCHAPTER D. ECONOMIC REGULATION
964-24 Sec. 643.151. PROHIBITION. Except as provided by this
965-1 subchapter, the department may not regulate the prices, routes, or
965-2 services provided by a motor carrier.
965-3 Sec. 643.152. VOLUNTARY STANDARDS. The department may
965-4 establish voluntary standards for uniform cargo liability, uniform
965-5 bills of lading or receipts for cargo being transported, and
965-6 uniform cargo credit. A standard adopted under this section must
965-7 be consistent with Subtitle IV, Title 49, United States Code, or a
965-8 regulation adopted under that law.
965-9 Sec. 643.153. MOTOR CARRIER TRANSPORTING HOUSEHOLD GOODS.
965-10 (a) The department shall adopt rules to protect a consumer using
965-11 the service of a motor carrier who is required to register under
965-12 Subchapter B and transports household goods. The rules must be at
965-13 least as stringent as the corresponding provisions of 49 C.F.R.
965-14 Part 1056. The department may adopt rules under this subsection
965-15 that are more stringent than the corresponding federal provisions.
965-16 (b) A motor carrier that transports household goods shall
965-17 list a place of business with a street address in this state and
965-18 the carrier's registration number issued under Subchapter B in any
965-19 printed advertising published in this state.
965-20 (c) The department may adopt rules necessary to ensure that
965-21 a customer of a motor carrier transporting household goods is
965-22 protected from deceptive or unfair practices and unreasonably
965-23 hazardous activities. The rules may:
965-24 (1) establish a formal process for resolving a dispute
966-1 over a fee or damage apart from the method of mediation in Section
966-2 643.155;
966-3 (2) require a motor carrier to indicate clearly to a
966-4 customer whether an estimate is binding or nonbinding and disclose
966-5 the maximum price a customer could be required to pay; and
966-6 (3) create a centralized process for making complaints
966-7 about a motor carrier that also allows a customer to inquire about
966-8 a carrier's complaint record.
966-9 (d) A motor carrier that is required to register under
966-10 Subchapter B and that transports household goods shall file a
966-11 tariff with the department that establishes maximum charges for
966-12 transportation between two or more municipalities. A motor carrier
966-13 may comply with this requirement by filing a copy of the carrier's
966-14 tariff governing interstate transportation services on a highway
966-15 between two or more municipalities. The department shall make
966-16 tariffs filed under this subsection available for public inspection
966-17 at the department.
966-18 (e) The department may not adopt rules regulating the rates,
966-19 except as provided by this section, or routes of a motor carrier
966-20 transporting household goods.
966-21 (f) The unauthorized practice of the insurance business
966-22 under Article 1.14-1, Insurance Code, does not include the offer of
966-23 insurance by a motor carrier transporting household goods for the
966-24 full value of a customer's property if the offer is authorized by a
967-1 rule adopted under Subsection (c).
967-2 (g) A motor carrier may designate an association or an agent
967-3 of an association as its collective maximum ratemaking association
967-4 for the purpose of the filing of a tariff under Subsection (d).
967-5 Sec. 643.154. ANTITRUST EXEMPTION. (a) Chapter 15,
967-6 Business & Commerce Code, does not apply to a discussion or
967-7 agreement between a motor carrier that is required to register
967-8 under Subchapter B and that transports household goods and an agent
967-9 of the carrier involving:
967-10 (1) the following matters if they occur under the
967-11 authority of the principal carrier:
967-12 (A) a rate for the transportation of household
967-13 goods;
967-14 (B) an access, terminal, storage, or other
967-15 charge incidental to the transportation of household goods; or
967-16 (C) an allowance relating to the transportation
967-17 of household goods; or
967-18 (2) ownership of the carrier by the agent or
967-19 membership on the board of directors of the carrier by the agent.
967-20 (b) An agent under Subsection (a) may itself be a motor
967-21 carrier required to register under Subchapter B.
967-22 (c) The department by rule may exempt a motor carrier
967-23 required to register under Subchapter B from Chapter 15, Business &
967-24 Commerce Code, for an activity relating to the establishment of a
968-1 joint line rate, route, classification, or mileage guide.
968-2 (d) A motor carrier that is required to register under
968-3 Subchapter B and that transports household goods, or an agent of
968-4 the carrier, may enter into a collective ratemaking agreement with
968-5 another motor carrier of household goods or an agent of that
968-6 carrier concerning the establishment and filing of maximum rates,
968-7 classifications, rules, or procedures. The agreement must be
968-8 submitted to the department for approval.
968-9 (e) The department shall approve an agreement submitted
968-10 under Subsection (d) if the agreement provides that each meeting of
968-11 parties to the agreement is open to the public and that notice of
968-12 each meeting must be given to customers who are multiple users of
968-13 the services of a motor carrier that is a party to the agreement.
968-14 The department may withhold approval of the agreement if it
968-15 determines, after notice and hearing, that the agreement fails to
968-16 comply with this subsection.
968-17 (f) Unless disapproved by the department, an agreement made
968-18 under Subsection (d) is valid, and Chapter 15, Business & Commerce
968-19 Code, does not apply to a motor carrier that is a party to the
968-20 agreement.
968-21 Sec. 643.155. MEDIATION REQUIRED. (a) A collective
968-22 association of motor carriers transporting household goods or
968-23 agents of the carriers that are parties to a collective agreement
968-24 approved under Section 643.154(e) shall provide for a method of
969-1 mediation to resolve customer disputes over fees, damages, and
969-2 services. The association, the carriers, or their agents shall pay
969-3 for the cost of the mediation.
969-4 (b) A party to a collective agreement approved under Section
969-5 643.154(e) shall participate in customer complaint resolution,
969-6 including participation in the mediation process and advertisement
969-7 of the availability of mediation in each contract or estimate
969-8 proposal.
969-9 (c) A complaint mediation that is not resolved to the mutual
969-10 agreement of all parties shall be reported to the department.
969-11 (d) The department shall adopt rules that require parties to
969-12 a collective agreement to provide notice to customers of their
969-13 right to seek resolution of a complaint directly from the
969-14 department under Section 643.153(c).
969-15 (Sections 643.156-643.200 reserved for expansion
969-16 SUBCHAPTER E. TOW TRUCKS
969-17 Sec. 643.201. TOW TRUCK REGULATION BY MUNICIPALITY. (a) In
969-18 addition to the registration requirements of Subchapter B, a
969-19 municipality may regulate the operation of a tow truck to the
969-20 extent allowed by federal law.
969-21 (b) A municipality may not require the registration of a tow
969-22 truck that performs consent tows in the municipality unless the
969-23 owner of the tow truck has a place of business in the territory of
969-24 the municipality.
970-1 (c) A municipality may require the registration of a tow
970-2 truck that performs a nonconsent tow in the municipality,
970-3 regardless of whether the owner of the tow truck has a place of
970-4 business in the territory of the municipality.
970-5 (d) A municipality may not require a person who holds a
970-6 driver's license or commercial driver's license to obtain a license
970-7 or permit for operating a tow truck unless the person performs
970-8 nonconsent tows in the territory of the municipality. A fee
970-9 charged for a license or permit may not exceed $15.
970-10 (e) In this section:
970-11 (1) "Commercial driver's license" has the meaning
970-12 assigned by Section 522.003.
970-13 (2) "Consent tow" means the towing of a vehicle with
970-14 the consent of the owner or operator of the vehicle.
970-15 (3) "Driver's license" has the meaning assigned by
970-16 Section 521.001.
970-17 (4) "Nonconsent tow" means the towing of a vehicle
970-18 without the consent of the owner or operator of the vehicle.
970-19 Sec. 643.202. RULES ADVISORY COMMITTEE. (a) The department
970-20 shall appoint a rules advisory committee to advise the department
970-21 on adoption of rules regarding:
970-22 (1) the application of this chapter to tow trucks; and
970-23 (2) the administration by the department of the
970-24 Vehicle Storage Facility Act (Article 6687-9a, Revised Statutes).
971-1 (b) The department shall determine the size of the
971-2 committee, but the committee must include one member who represents
971-3 each of the following:
971-4 (1) tow truck operators;
971-5 (2) vehicle storage facility operators;
971-6 (3) owners of property having parking facilities;
971-7 (4) law enforcement agencies or municipalities;
971-8 (5) insurance companies; and
971-9 (6) the general public.
971-10 (c) Members of the committee serve at the pleasure of the
971-11 department. A member of the committee is not entitled to
971-12 compensation or reimbursement of expenses for serving as a member.
971-13 (d) The department may adopt rules to govern the operations
971-14 of the committee.
971-15 (Sections 643.203-643.250 reserved for expansion
971-16 SUBCHAPTER F. ENFORCEMENT
971-17 Sec. 643.251. ADMINISTRATIVE PENALTY. (a) The department
971-18 may impose an administrative penalty against a motor carrier
971-19 required to register under Subchapter B that violates Subchapter B
971-20 or C or Section 643.151, 643.152, 643.153(a)-(f), or 643.155 or a
971-21 rule or order adopted under those provisions or Section 643.003.
971-22 The department shall designate one or more employees to investigate
971-23 violations and administer penalties under this section.
971-24 (b) Except as provided by this section, the amount of an
972-1 administrative penalty may not exceed $5,000. If it is found that
972-2 the motor carrier knowingly committed the violation, the penalty
972-3 may not exceed $15,000. If it is found that the motor carrier
972-4 knowingly committed multiple violations, the aggregate penalty for
972-5 the multiple violations may not exceed $30,000. Each day a
972-6 violation continues or occurs is a separate violation for purposes
972-7 of imposing a penalty.
972-8 (c) The amount of the penalty shall be based on:
972-9 (1) the seriousness of the violation, including the
972-10 nature, circumstances, extent, and gravity of any prohibited act,
972-11 and the hazard or potential hazard created to the health, safety,
972-12 or economic welfare of the public;
972-13 (2) the economic harm to property or the environment
972-14 caused by the violation;
972-15 (3) the history of previous violations;
972-16 (4) the amount necessary to deter future violations;
972-17 (5) efforts to correct the violation; and
972-18 (6) any other matter that justice may require.
972-19 (d) If the department determines that a violation has
972-20 occurred, it may issue to the director a report that states the
972-21 facts on which the determination is based and a recommendation on
972-22 the imposition and amount of any penalty.
972-23 (e) Before the 15th day after the date the report is issued,
972-24 the department shall give written notice of the report to the motor
973-1 carrier. The notice may be given by certified mail. The notice
973-2 must include a brief summary of the alleged violation and a
973-3 statement of the amount of the recommended penalty and must inform
973-4 the motor carrier that the carrier has a right to a hearing on the
973-5 occurrence of the violation, the amount of the penalty, or both the
973-6 occurrence of the violation and the amount of the penalty.
973-7 (f) Before the 21st day after the date the motor carrier
973-8 receives the notice, the carrier in writing may accept the
973-9 determination and recommended penalty of the department or may make
973-10 a written request for a hearing on the occurrence of the violation,
973-11 the amount of the penalty, or both the occurrence of the violation
973-12 and the amount of the penalty. The department may, on the request
973-13 of the person, hold an informal hearing to discuss a penalty
973-14 recommended under this section. The department may modify a
973-15 recommendation for a penalty at the conclusion of the informal
973-16 hearing.
973-17 (g) If the motor carrier accepts the determination and
973-18 recommended penalty of the department, the director by order shall
973-19 approve the determination and impose the recommended penalty.
973-20 (h) If the motor carrier requests a hearing or fails to
973-21 respond timely to the notice, the department shall set a hearing
973-22 and give notice of the hearing to the carrier. The hearing shall
973-23 be held by an administrative law judge of the State Office of
973-24 Administrative Hearings. The administrative law judge shall make
974-1 findings of fact and conclusions of law and promptly issue to the
974-2 director a proposal for a decision about the occurrence of the
974-3 violation and the amount of a proposed penalty. Based on the
974-4 findings of fact, conclusions of law, and proposal for a decision,
974-5 the director by order may find that a violation has occurred and
974-6 impose a penalty or may find that no violation occurred. The
974-7 director may increase or decrease the amount of the penalty
974-8 recommended by an administrative law judge within the limits
974-9 prescribed by Subsection (b).
974-10 (i) The notice of the director's order given to the motor
974-11 carrier under Chapter 2001, Government Code, must include a
974-12 statement of the right of the carrier to judicial review of the
974-13 order.
974-14 (j) Before the 31st day after the date the director's order
974-15 becomes final as provided by Section 2001.144, Government Code, the
974-16 motor carrier shall:
974-17 (1) pay the amount of the penalty;
974-18 (2) pay the amount of the penalty and file a petition
974-19 for judicial review contesting the occurrence of the violation, the
974-20 amount of the penalty, or both the occurrence of the violation and
974-21 the amount of the penalty; or
974-22 (3) without paying the amount of the penalty, file a
974-23 petition for judicial review contesting the occurrence of the
974-24 violation, the amount of the penalty, or both the occurrence of the
975-1 violation and the amount of the penalty.
975-2 (k) Within the 30-day period, a motor carrier that acts
975-3 under Subsection (j)(3) may:
975-4 (1) stay enforcement of the penalty by:
975-5 (A) paying the amount of the penalty to the
975-6 court for placement in an escrow account; or
975-7 (B) giving to the court a supersedeas bond that
975-8 is approved by the court for the amount of the penalty and that is
975-9 effective until all judicial review of the director's order is
975-10 final; or
975-11 (2) request the court to stay enforcement of the
975-12 penalty by:
975-13 (A) filing with the court a sworn affidavit of
975-14 the person stating that the person is financially unable to pay the
975-15 amount of the penalty and is financially unable to give the
975-16 supersedeas bond; and
975-17 (B) giving a copy of the affidavit to the
975-18 director by certified mail.
975-19 (l) If the department receives a copy of an affidavit under
975-20 Subsection (k)(2), it may file with the court, before the sixth day
975-21 after the date the copy is received, a contest to the affidavit.
975-22 The court shall hold a hearing on the facts alleged in the
975-23 affidavit as soon as practicable and shall stay the enforcement of
975-24 the penalty if the court finds that the alleged facts are true.
976-1 The motor carrier that files an affidavit has the burden of proving
976-2 that the carrier is financially unable to pay the amount of the
976-3 penalty and to give a supersedeas bond.
976-4 (m) If the motor carrier does not pay the amount of the
976-5 penalty and the enforcement of the penalty is not stayed, the
976-6 director may refer the matter to the attorney general for
976-7 collection of the amount of the penalty.
976-8 (n) Judicial review of the order of the director:
976-9 (1) is instituted by filing a petition as provided by
976-10 Subchapter G, Chapter 2001, Government Code; and
976-11 (2) is under the substantial evidence rule.
976-12 (o) If the court sustains the occurrence of the violation,
976-13 the court may uphold or reduce the amount of the penalty and order
976-14 the motor carrier to pay the full or reduced amount of the penalty.
976-15 If the court does not sustain the occurrence of the violation, the
976-16 court shall order that no penalty is owed.
976-17 (p) When the judgment of the court becomes final, the court
976-18 shall proceed under this subsection. If the motor carrier paid the
976-19 amount of the penalty and if that amount is reduced or is not
976-20 upheld by the court, the court shall order that the appropriate
976-21 amount plus accrued interest be remitted to the person. The rate
976-22 of the interest is the rate charged on loans to depository
976-23 institutions by the New York Federal Reserve Bank, and the interest
976-24 shall be paid for the period beginning on the date the penalty was
977-1 paid and ending on the date the penalty is remitted. If the motor
977-2 carrier gave a supersedeas bond and if the penalty is not upheld by
977-3 the court, the court shall order the release of the bond. If the
977-4 motor carrier gave a supersedeas bond and if the amount of the
977-5 penalty is reduced, the court shall order the release of the bond
977-6 after the carrier pays the amount.
977-7 (q) All proceedings under this section are subject to
977-8 Chapter 2001, Government Code.
977-9 (r) In addition to a penalty proposed by an administrative
977-10 law judge under Subsection (h), the administrative law judge shall
977-11 include in the proposal for a decision a finding setting out costs,
977-12 fees, expenses, and reasonable and necessary attorney's fees
977-13 incurred by the state in bringing the proceeding. The director may
977-14 adopt the finding and make it a part of a final order entered in
977-15 the proceeding.
977-16 Sec. 643.252. SUSPENSION AND REVOCATION OF REGISTRATION.
977-17 (a) The department may suspend or revoke a registration issued
977-18 under this chapter if a motor carrier:
977-19 (1) fails to maintain insurance as required by Section
977-20 643.101(a), (b), or (c);
977-21 (2) fails to keep evidence of insurance in the cab of
977-22 each vehicle as required by Section 643.103(b);
977-23 (3) fails to register a vehicle requiring
977-24 registration; or
978-1 (4) knowingly provides false information on any form
978-2 filed with the department under this chapter.
978-3 (b) The Department of Public Safety may request that the
978-4 department suspend or revoke a registration issued under this
978-5 chapter if a motor carrier has:
978-6 (1) an unsatisfactory safety rating under 49 C.F.R.
978-7 Part 385; or
978-8 (2) multiple violations of Chapter 644, a rule adopted
978-9 under that chapter, or Subtitle C.
978-10 (c) Except as provided by Subsection (d), a suspension or
978-11 revocation made under Subsection (a) or (b) is a contested case
978-12 under Chapter 2001, Government Code.
978-13 (d) The department may suspend or revoke a registration
978-14 issued under this chapter without a hearing under Chapter 2001,
978-15 Government Code, if:
978-16 (1) the department provides notice to the motor
978-17 carrier of:
978-18 (A) the proposed suspension or revocation; and
978-19 (B) the right of the carrier to request a
978-20 hearing under Chapter 2001, Government Code; and
978-21 (2) the motor carrier fails to provide the department
978-22 with a written request for a hearing before the 11th day after the
978-23 date the carrier receives the notice described in Subdivision (1).
978-24 Sec. 643.253. CRIMINAL PENALTY. (a) A person commits an
979-1 offense if the person fails to:
979-2 (1) register as required by Subchapter B;
979-3 (2) maintain insurance as required by Subchapter C; or
979-4 (3) keep a cab card in the cab of a vehicle as
979-5 required by Section 643.059.
979-6 (b) An offense under this section is a Class C misdemeanor.
979-7 Sec. 643.254. INSPECTION OF DOCUMENTS. (a) To investigate
979-8 an alleged violation of Subchapter B or C, an officer or employee
979-9 of the department who has been certified for the purpose by the
979-10 director may enter a motor carrier's premises to copy or verify the
979-11 correctness of a document, including an operation log or insurance
979-12 certificate.
979-13 (b) The officer or employee may conduct the inspection:
979-14 (1) at a reasonable time;
979-15 (2) after stating the purpose of the inspection; and
979-16 (3) by presenting to the motor carrier:
979-17 (A) appropriate credentials; and
979-18 (B) a written statement from the department to
979-19 the motor carrier indicating the officer's or employee's authority
979-20 to inspect.
979-21 (b) Article 6675c, Revised Statutes, as added by Section 1,
979-22 Chapter 705 (S.B. No. 3), Acts of the 74th Legislature, Regular
979-23 Session, 1995, is repealed.
979-24 SECTION 30.151. (a) Subtitle F, Title 7, Transportation
980-1 Code, is amended to codify Article 6675d, Revised Statutes, as
980-2 added by Section 3, Chapter 705 (S.B. No. 3), Acts of the 74th
980-3 Legislature, Regular Session, 1995, by adding Chapter 644 to read
980-4 as follows:
980-5 CHAPTER 644. COMMERCIAL MOTOR VEHICLE SAFETY STANDARDS
980-6 SUBCHAPTER A. GENERAL PROVISIONS
980-7 Sec. 644.001. DEFINITIONS. In this chapter:
980-8 (1) "Commercial motor vehicle" has the meaning
980-9 assigned by Section 548.001.
980-10 (2) "Department" means the Department of Public
980-11 Safety.
980-12 (3) "Director" means the public safety director.
980-13 (4) "Federal hazardous material regulation" means a
980-14 federal regulation in 49 C.F.R. Parts 101-199.
980-15 (5) "Federal motor carrier safety regulation" means a
980-16 federal regulation in 49 C.F.R. Part 382, 385, or 386 or Parts
980-17 388-399.
980-18 (6) "Federal safety regulation" means a federal
980-19 hazardous material regulation or a federal motor carrier safety
980-20 regulation.
980-21 Sec. 644.002. CONFLICTS OF LAW. (a) A federal motor
980-22 carrier safety regulation prevails over a conflicting provision of
980-23 this chapter or a rule adopted by the director under this chapter.
980-24 (b) A safety rule adopted under this chapter prevails over a
981-1 conflicting rule adopted by a local government, authority, or state
981-2 agency or officer, other than a conflicting rule adopted by the
981-3 Railroad Commission of Texas under Chapter 113, Natural Resources
981-4 Code.
981-5 Sec. 644.003. RULES. The department may adopt rules to
981-6 administer this chapter.
981-7 (Sections 644.004-644.050 reserved for expansion
981-8 SUBCHAPTER B. ADOPTION OF RULES
981-9 Sec. 644.051. AUTHORITY TO ADOPT RULES. (a) The director
981-10 shall, after notice and a public hearing, adopt rules regulating:
981-11 (1) the safe transportation of hazardous materials;
981-12 and
981-13 (2) the safe operation of commercial motor vehicles.
981-14 (b) A rule adopted under this chapter must be consistent
981-15 with federal regulations, including federal safety regulations.
981-16 (c) The director may adopt all or part of the federal safety
981-17 regulations by reference.
981-18 (d) Rules adopted under this chapter must ensure that:
981-19 (1) a commercial motor vehicle is safely maintained,
981-20 equipped, loaded, and operated;
981-21 (2) the responsibilities imposed on a commercial motor
981-22 vehicle's operator do not impair the operator's ability to operate
981-23 the vehicle safely; and
981-24 (3) the physical condition of a commercial motor
982-1 vehicle's operator enables the operator to operate the vehicle
982-2 safely.
982-3 (e) A motor carrier safety rule adopted by a local
982-4 government, authority, or state agency or officer must be
982-5 consistent with corresponding federal regulations.
982-6 Sec. 644.052. APPLICABILITY OF RULES. (a) Notwithstanding
982-7 an exemption provided in the federal safety regulations, other than
982-8 an exemption relating to intracity or commercial zone operations
982-9 provided in 49 C.F.R. Part 395, a rule adopted by the director
982-10 under this chapter applies uniformly throughout this state.
982-11 (b) A rule adopted under this chapter applies to a vehicle
982-12 that requires a hazardous material placard.
982-13 (c) A rule adopted under this chapter may not apply to a
982-14 vehicle that is operated intrastate and that is:
982-15 (1) a machine generally consisting of a mast, engine,
982-16 draw works, and chassis permanently constructed or assembled to be
982-17 used and used in oil or water well servicing or drilling;
982-18 (2) a mobile crane that is an unladen, self-propelled
982-19 vehicle constructed as a machine to raise, shift, or lower weight;
982-20 or
982-21 (3) a vehicle transporting a seed cotton module.
982-22 Sec. 644.053. LIMITATIONS OF RULES. (a) A rule adopted
982-23 under this chapter may not:
982-24 (1) prevent an intrastate operator from operating a
983-1 vehicle up to 12 hours following eight consecutive hours off;
983-2 (2) require a person to meet the medical standards
983-3 provided in the federal motor carrier safety regulations if the
983-4 person:
983-5 (A) was regularly employed in this state as a
983-6 commercial motor vehicle operator in intrastate commerce before
983-7 August 28, 1989; and
983-8 (B) is not transporting property that requires a
983-9 hazardous material placard; or
983-10 (3) require a person to maintain a government form,
983-11 separate company form, operator's record of duty status, or
983-12 operator's daily log for operations within a 150-mile radius of the
983-13 normal work-reporting location if a general record of an operator's
983-14 hours of service can be compiled from:
983-15 (A) business records maintained by the owner
983-16 that provide the date, time, and location of the delivery of a
983-17 product or service; or
983-18 (B) documents required to be maintained by law,
983-19 including delivery tickets or sales invoices, that provide the date
983-20 of delivery and the quantity of merchandise delivered.
983-21 (b) For purposes of Subsection (a)(3)(A), an owner's
983-22 business records must generally include:
983-23 (1) the time an operator reports for duty each day;
983-24 (2) the number of hours an operator is on duty each
984-1 day;
984-2 (3) the time an operator is released from duty each
984-3 day; and
984-4 (4) an operator's signed statement in compliance with
984-5 49 C.F.R. Section 395.8(j)(2).
984-6 (Sections 644.054-644.100 reserved for expansion
984-7 SUBCHAPTER C. ADMINISTRATIVE ENFORCEMENT
984-8 Sec. 644.101. CERTIFICATION OF MUNICIPAL PEACE OFFICERS.
984-9 (a) The department shall establish procedures, including training,
984-10 for the certification of municipal peace officers to enforce this
984-11 chapter.
984-12 (b) A peace officer of any of the following municipalities
984-13 is eligible to apply for certification under this section:
984-14 (1) a municipality with a population of 100,000 or
984-15 more;
984-16 (2) a municipality with a population of 25,000 or more
984-17 any part of which is located in a county with a population of 2.4
984-18 million or more; or
984-19 (3) a municipality any part of which is located in a
984-20 county bordering the United Mexican States.
984-21 (c) The department by rule shall establish reasonable fees
984-22 sufficient to recover from a municipality the cost of certifying
984-23 its peace officers under this section.
984-24 Sec. 644.102. MUNICIPAL ENFORCEMENT REQUIREMENTS. (a) The
985-1 department by rule may establish uniform standards for municipal
985-2 enforcement of this chapter.
985-3 (b) A municipality that engages in enforcement under this
985-4 chapter:
985-5 (1) shall pay all costs relating to the municipality's
985-6 enforcement; and
985-7 (2) may not be considered, in the context of a federal
985-8 grant related to this chapter:
985-9 (A) a party to a federal grant agreement; or
985-10 (B) a grantee under a federal grant to the
985-11 department.
985-12 (c) Municipal enforcement under Section 644.103(b) is not
985-13 considered departmental enforcement for purposes of maintaining
985-14 levels of effort required by a federal grant.
985-15 (d) In each fiscal year, a municipality may retain fines
985-16 from the enforcement of this chapter in an amount not to exceed 110
985-17 percent of the municipality's actual expenses for enforcement of
985-18 this chapter in the preceding fiscal year, as determined by the
985-19 comptroller after reviewing the most recent municipal audit
985-20 conducted under Section 103.001, Local Government Code. If there
985-21 are no actual expenses for enforcement of this chapter in the most
985-22 recent municipal audit, a municipality may retain fines in an
985-23 amount not to exceed 110 percent of the amount the comptroller
985-24 estimates would be the municipality's actual expenses for
986-1 enforcement of this chapter during the year.
986-2 (e) A municipality shall send to the comptroller the
986-3 proceeds of all fines that exceed the limit imposed by Subsection
986-4 (d).
986-5 Sec. 644.103. DETENTION OF VEHICLES. (a) An officer of the
986-6 department may enter or detain on a highway a motor vehicle that is
986-7 subject to this chapter.
986-8 (b) A peace officer who is certified under Section 644.101
986-9 may detain on a highway within the territory of the municipality a
986-10 motor vehicle that is subject to this chapter.
986-11 Sec. 644.104. INSPECTION OF PREMISES. (a) An officer or
986-12 employee of the department who has been certified for the purpose
986-13 by the director may enter a motor carrier's premises to:
986-14 (1) inspect real property, including a building, or
986-15 equipment; or
986-16 (2) copy or verify the correctness of documents,
986-17 including records or reports, required to be kept or made by rules
986-18 adopted under this chapter.
986-19 (b) The officer or employee may conduct the inspection:
986-20 (1) at a reasonable time;
986-21 (2) after stating the purpose of the inspection; and
986-22 (3) by presenting to the motor carrier:
986-23 (A) appropriate credentials; and
986-24 (B) a written statement from the department to
987-1 the motor carrier indicating the officer's or employee's authority
987-2 to inspect.
987-3 (Sections 644.105-644.150 reserved for expansion
987-4 SUBCHAPTER D. OFFENSES, PENALTIES, AND JUDICIAL ENFORCEMENT
987-5 Sec. 644.151. CRIMINAL OFFENSE. (a) A person commits an
987-6 offense if the person:
987-7 (1) violates a rule adopted under this chapter; or
987-8 (2) does not permit an inspection authorized under
987-9 Section 644.104.
987-10 (b) An offense under this section is a Class C misdemeanor.
987-11 (c) Each day a violation continues under Subsection (a)(1)
987-12 or each day a person refuses to allow an inspection described under
987-13 Subsection (a)(2) is a separate offense.
987-14 Sec. 644.152. CIVIL PENALTY. (a) A person who does not
987-15 permit an inspection authorized by Section 644.104 is liable to the
987-16 state for a civil penalty in an amount not to exceed $1,000.
987-17 (b) The attorney general may sue to collect the penalty in:
987-18 (1) the county in which the violation is alleged to
987-19 have occurred; or
987-20 (2) Travis County.
987-21 (c) The penalty provided by this section is in addition to
987-22 the penalty provided by Section 644.151.
987-23 (d) Each day a person refuses to permit an inspection
987-24 described by Subsection (a) is a separate violation for purposes of
988-1 imposing a penalty.
988-2 Sec. 644.153. ADMINISTRATIVE PENALTY. (a) The department
988-3 may impose an administrative penalty against a person who violates:
988-4 (1) a rule adopted under this chapter; or
988-5 (2) a provision of Subtitle C that the department by
988-6 rule subjects to administrative penalties.
988-7 (b) To be designated as subject to an administrative penalty
988-8 under Subsection (a)(2), a provision must relate to the safe
988-9 operation of a commercial motor vehicle.
988-10 (c) A penalty under this section:
988-11 (1) may not exceed the maximum penalty provided for a
988-12 violation of a similar federal safety regulation; and
988-13 (2) shall be administered in the same manner as a
988-14 penalty under Section 643.251, except that the amount of a penalty
988-15 shall be determined under Subdivision (1).
988-16 Sec. 644.154. SUIT FOR INJUNCTION. (a) The attorney
988-17 general shall sue to enjoin a violation or a threatened violation
988-18 of a rule adopted under this chapter on request of the director.
988-19 (b) The suit must be brought in the county in which the
988-20 violation or threat is alleged to have occurred.
988-21 (c) The court may grant the director, without bond or other
988-22 undertaking:
988-23 (1) a prohibitory or mandatory injunction, including a
988-24 temporary restraining order; or
989-1 (2) after notice and hearing, a temporary or permanent
989-2 injunction.
989-3 Sec. 644.155. SAFETY AUDIT PROGRAM. The department shall
989-4 implement and enforce a safety audit program similar to the federal
989-5 program established under 49 C.F.R. Part 385 for a person who owns
989-6 or operates a commercial motor vehicle not subject to safety audits
989-7 by the United States.
989-8 (b) Article 6675d, Revised Statutes, as added by Section 3,
989-9 Chapter 705 (S.B. No. 3), Acts of the 74th Legislature, Regular
989-10 Session, 1995, is repealed.
989-11 SECTION 30.152. (a) Subtitle F, Title 7, Transportation
989-12 Code, is amended to codify Article 6675c-1, Revised Statutes, as
989-13 added by Section 2, Chapter 705 (S.B. No. 3), Acts of the 74th
989-14 Legislature, Regular Session, 1995, by adding Chapter 645 to read
989-15 as follows:
989-16 CHAPTER 645. SINGLE STATE REGISTRATION
989-17 Sec. 645.001. SINGLE STATE REGISTRATION. The Texas
989-18 Department of Transportation shall, to the fullest extent
989-19 practicable, participate in the single state registration system
989-20 established under 49 U.S.C. Section 11506.
989-21 Sec. 645.002. FEES. (a) The department may charge a motor
989-22 carrier holding a permit issued under Subtitle IV, Title 49, United
989-23 States Code, a fee for filing proof of insurance consistent with 49
989-24 U.S.C. Section 11506 not to exceed the maximum fee established
990-1 under federal law.
990-2 (b) The department may adopt rules regarding the method of
990-3 payment of a fee under this chapter. The rules may:
990-4 (1) authorize the use of electronic funds transfer or
990-5 a valid credit card issued by a financial institution chartered by
990-6 a state or the United States or by a nationally recognized credit
990-7 organization approved by the department; and
990-8 (2) require the payment of a discount or service
990-9 charge for a credit card payment in addition to the fee.
990-10 Sec. 645.003. ENFORCEMENT RULES. The department shall adopt
990-11 rules that are consistent with federal law providing for:
990-12 (1) administrative penalties in the same manner as
990-13 Section 643.251; and
990-14 (2) suspension and revocation of registration in the
990-15 same manner as Section 643.252.
990-16 Sec. 645.004. CRIMINAL OFFENSE. (a) A person commits an
990-17 offense if the person:
990-18 (1) violates a rule adopted under this chapter; or
990-19 (2) fails to register a vehicle required to be
990-20 registered under this chapter.
990-21 (b) An offense under this section is a Class C misdemeanor.
990-22 (c) Each day a violation of a rule occurs is a separate
990-23 offense under this section.
990-24 (b) Article 6675c-1, Revised Statutes, as added by Section
991-1 2, Chapter 705 (S.B. No. 3), Acts of the 74th Legislature, Regular
991-2 Session, 1995, is repealed.
991-3 SECTION 30.153. (a) Subtitle F, Title 7, Transportation
991-4 Code, is amended to codify Article 911m, Revised Statutes, as added
991-5 by Section 4, Chapter 705 (S.B. No. 3), Acts of the 74th
991-6 Legislature, Regular Session, 1995, by adding Chapter 646 to read
991-7 as follows:
991-8 CHAPTER 646. MOTOR TRANSPORTATION BROKERS
991-9 Sec. 646.001. DEFINITION. In this chapter, "motor
991-10 transportation broker" means a person who:
991-11 (1) sells, offers for sale, provides, or negotiates
991-12 for the transportation of cargo by a motor carrier operated by
991-13 another person; or
991-14 (2) aids or abets a person in performing an act
991-15 described by Subdivision (1).
991-16 Sec. 646.002. EXCEPTION. This chapter does not apply to a
991-17 motor transportation broker who:
991-18 (1) is registered as a motor carrier under Chapter
991-19 643; or
991-20 (2) holds a permit issued under Subtitle IV, Title 49,
991-21 United States Code.
991-22 Sec. 646.003. BOND REQUIRED. (a) A person may not act as a
991-23 motor transportation broker unless the person provides a bond to
991-24 the Texas Department of Transportation.
992-1 (b) The bond must be in an amount of at least $10,000 and
992-2 must be:
992-3 (1) executed by a bonding company authorized to do
992-4 business in this state;
992-5 (2) payable to this state or a person to whom the
992-6 motor transportation broker provides services; and
992-7 (3) conditioned on the performance of the contract for
992-8 transportation services between the broker and the person for whom
992-9 services are provided.
992-10 (c) The department may charge the broker a bond review fee
992-11 in an amount not to exceed the cost of reviewing the bond.
992-12 (d) The department may adopt rules regarding the method of
992-13 payment of a fee under this chapter. The rules may:
992-14 (1) authorize the use of electronic funds transfer or
992-15 a credit card issued by a financial institution chartered by a
992-16 state or the United States or by a nationally recognized credit
992-17 organization approved by the department; and
992-18 (2) require the payment of a discount or service
992-19 charge for a credit card payment in addition to the fee.
992-20 Sec. 646.004. CRIMINAL OFFENSE. (a) A person commits an
992-21 offense if the person fails to provide the bond required by Section
992-22 646.003.
992-23 (b) An offense under this section is a Class C misdemeanor.
992-24 (b) Article 911m, Revised Statutes, as added by Section 4,
993-1 Chapter 705 (S.B. No. 3), Acts of the 74th Legislature, Regular
993-2 Session, 1995, is repealed.
993-3 SECTION 30.154. (a) Section 661.003, Transportation Code,
993-4 is amended to conform to Section 1, Chapter 539 (S.B. No. 1363),
993-5 Acts of the 74th Legislature, Regular Session, 1995, by amending
993-6 Subsections (d) and (e) and adding Subsection (f) to read as
993-7 follows:
993-8 (d) Only a practicing physician licensed by the Texas State
993-9 Board of Medical Examiners may issue a medical exemption and the
993-10 physician may issue the medical exemption only to a person who has
993-11 a medical condition [an acute head or facial injury] that would be
993-12 worsened if the person wore protective headgear. The medical
993-13 exemption must be on a form prescribed by the department and,
993-14 except as provided by Subsection (e), expires on the earlier of:
993-15 (1) the 180th [10th] day after the date it is issued;
993-16 or
993-17 (2) the expiration date specified by the physician on
993-18 the form.
993-19 (e) The medical exemption is permanent if the physician
993-20 attests that the person's medical condition is permanent.
993-21 (f) An offense under this section is a misdemeanor
993-22 punishable by a fine of not less than $10 or more than $50.
993-23 (b) Section 1, Chapter 539 (S.B. No. 1363), Acts of the 74th
993-24 Legislature, Regular Session, 1995, is repealed.
994-1 SECTION 30.155. Chapter 662, Transportation Code, is amended
994-2 to conform to Section 1(38), Chapter 1058 (H.B. No. 3050), Acts of
994-3 the 74th Legislature, Regular Session, 1995, by adding Section
994-4 662.011 to read as follows:
994-5 Sec. 662.011. MOTORCYCLE EDUCATION FUND ACCOUNT. (a) The
994-6 motorcycle education fund account is an account in the general
994-7 revenue fund.
994-8 (b) Of each fee for renewal of a Class M license, the
994-9 Department of Public Safety shall send $5 to the comptroller for
994-10 deposit to the credit of the motorcycle education fund account.
994-11 (c) Money deposited to the credit of the motorcycle
994-12 education fund account may be used only to defray the cost of
994-13 administering the motorcycle operator training and safety program,
994-14 except as provided by Subsection (d).
994-15 (d) The unspent and unencumbered balance in the motorcycle
994-16 education fund account at the end of each fiscal year may be
994-17 appropriated for:
994-18 (1) the motorcycle operator training and safety
994-19 program; or
994-20 (2) any other purpose relating to:
994-21 (A) maintaining or policing highways; or
994-22 (B) supervising traffic or promoting safety on
994-23 highways.
994-24 SECTION 30.156. (a) Section 681.001, Transportation Code,
995-1 is amended to conform to Section 1, Chapter 929 (H.B. No. 2083),
995-2 Acts of the 74th Legislature, Regular Session, 1995, by adding
995-3 Subdivision (5) to read as follows:
995-4 (5) "Mobility problem that substantially impairs a
995-5 person's ability to ambulate" means that the person:
995-6 (A) cannot walk 200 feet without stopping to
995-7 rest;
995-8 (B) cannot walk without the use of or assistance
995-9 from an assistance device, including a brace, a cane, a crutch,
995-10 another person, or a prosthetic device;
995-11 (C) cannot ambulate without a wheelchair or
995-12 similar device;
995-13 (D) is restricted by lung disease to the extent
995-14 that the person's forced respiratory expiratory volume for one
995-15 second, measured by spirometry, is less than one liter, or the
995-16 arterial oxygen tension is less than 60 millimeters of mercury on
995-17 room air at rest;
995-18 (E) uses portable oxygen;
995-19 (F) has a cardiac condition to the extent that
995-20 the person's functional limitations are classified in severity as
995-21 Class III or Class IV according to standards set by the American
995-22 Heart Association;
995-23 (G) is severely limited in the ability to walk
995-24 because of an arthritic, neurological, or orthopedic condition; or
996-1 (H) has another debilitating condition that, in
996-2 the opinion of a physician licensed to practice medicine in this
996-3 state, limits or impairs the person's ability to walk.
996-4 (b) Section 681.003(c), Transportation Code, is amended to
996-5 conform to Section 1, Chapter 929 (H.B. No. 2083), Acts of the 74th
996-6 Legislature, Regular Session, 1995, to read as follows:
996-7 (c) The first application must be accompanied by a written
996-8 statement of a physician licensed to practice medicine in this
996-9 state certifying to the department [acceptable medical proof] that
996-10 the person making the application or on whose behalf the
996-11 application is made is legally blind or has a mobility problem that
996-12 substantially impairs the person's ability to ambulate. The
996-13 statement must include a certification of whether a mobility
996-14 problem, if applicable, is temporary or permanent [operator or
996-15 regularly transported passenger has a disability]. A written
996-16 statement from a physician is not required as acceptable medical
996-17 proof if:
996-18 (1) the person with a disability:
996-19 (A) has had a limb, hand, or foot amputated; or
996-20 (B) must use a wheelchair; and
996-21 (2) the applicant and the county assessor-collector
996-22 issuing the disabled parking placard execute an affidavit attesting
996-23 to the person's disability.
996-24 (c) Section 681.006(b), Transportation Code, is amended to
997-1 conform to Section 2, Chapter 929 (H.B. No. 2083), Acts of the 74th
997-2 Legislature, Regular Session, 1995, to read as follows:
997-3 (b) The owner of a vehicle is exempt from the payment of a
997-4 fee or penalty imposed by a governmental unit for parking at a
997-5 meter, in a parking garage or lot, or in a space with a limitation
997-6 on the length of time for parking if:
997-7 (1) the vehicle is being operated by or for the
997-8 transportation of a person with a disability; and
997-9 (2) there are:
997-10 (A) displayed on the vehicle special license
997-11 plates issued under Section 502.253; or
997-12 (B) placed on the rearview mirror of the
997-13 vehicle's front windshield a disabled parking placard.
997-14 (d) Chapter 681, Transportation Code, is amended to conform
997-15 to Section 3, Chapter 929 (H.B. No. 2083), Acts of the 74th
997-16 Legislature, Regular Session, 1995, by adding Section 681.0101 to
997-17 read as follows:
997-18 Sec. 681.0101. ENFORCEMENT BY CERTAIN APPOINTED PERSONS.
997-19 (a) A political subdivision may appoint a person to have authority
997-20 to file a charge against a person who commits an offense under this
997-21 chapter.
997-22 (b) A person appointed under this section must:
997-23 (1) be a United States citizen of good moral character
997-24 who has not been convicted of a felony;
998-1 (2) take and subscribe to an oath of office that the
998-2 political subdivision prescribes; and
998-3 (3) successfully complete a training program developed
998-4 by the political subdivision.
998-5 (c) A person appointed under this section:
998-6 (1) is not a peace officer;
998-7 (2) has no authority other than the authority
998-8 applicable to a citizen to enforce a law other than this chapter;
998-9 and
998-10 (3) may not carry a weapon while performing duties
998-11 under this section.
998-12 (d) A person appointed under this section is not entitled to
998-13 compensation for performing duties under this section or to
998-14 indemnification from the political subdivision or the state for
998-15 injury or property damage the person sustains or liability the
998-16 person incurs in performing duties under this section.
998-17 (e) The political subdivision and the state are not liable
998-18 for any damage arising from an act or omission of a person
998-19 appointed under Subsection (a) in performing duties under this
998-20 section.
998-21 (e) Section 681.011, Transportation Code, is amended to
998-22 conform to Section 4, Chapter 929 (H.B. No. 2083), Acts of the 74th
998-23 Legislature, Regular Session, 1995, by amending Subsection (g) and
998-24 adding Subsections (h)-(l) to read as follows:
999-1 (g) Except as provided by Subsections (h)-(k), an [An]
999-2 offense under this section is a [Class C] misdemeanor punishable by
999-3 a fine of not less than $100 or more than $200.
999-4 (h) If it is shown on the trial of an offense under this
999-5 section that the person has been previously convicted one time of
999-6 an offense under this section, the offense is punishable by a fine
999-7 of not less than $200 or more than $300.
999-8 (i) If it is shown on the trial of an offense under this
999-9 section that the person has been previously convicted two times of
999-10 an offense under this section, the offense is punishable by a fine
999-11 of not less than $300 or more than $400.
999-12 (j) If it is shown on the trial of an offense under this
999-13 section that the person has been previously convicted three times
999-14 of an offense under this section, the offense is punishable by a
999-15 fine of not less than $400 or more than $500.
999-16 (k) If it is shown on the trial of an offense under this
999-17 section that the person has been previously convicted four times of
999-18 an offense under this section, the offense is punishable by a fine
999-19 of $500.
999-20 (l) If a justice of the peace or a judge requires a person
999-21 convicted of an offense under this section to perform community
999-22 service, the justice or judge may not require the person to work
999-23 more than 100 hours.
999-24 (f) Sections 1-4, Chapter 929 (H.B. No. 2083), Acts of the
1000-1 74th Legislature, Regular Session, 1995, are repealed.
1000-2 SECTION 30.157. (a) Section 683.002, Transportation Code,
1000-3 is amended to conform to Section 1, Chapter 863 (S.B. No. 896),
1000-4 Acts of the 74th Legislature, Regular Session, 1995, to read as
1000-5 follows:
1000-6 Sec. 683.002. ABANDONED MOTOR VEHICLE. (a) For the
1000-7 purposes of this chapter, a motor vehicle is abandoned if the motor
1000-8 vehicle:
1000-9 (1) is inoperable, is more than five years old, and
1000-10 has been left unattended on public property for more than 48 hours;
1000-11 (2) has remained illegally on public property for more
1000-12 than 48 hours;
1000-13 (3) has remained on private property without the
1000-14 consent of the owner or person in charge of the property for more
1000-15 than 48 hours; [or]
1000-16 (4) has been left unattended on the right-of-way of a
1000-17 designated county, state, or federal highway for more than 48
1000-18 hours; or
1000-19 (5) has been left unattended for more than 24 hours on
1000-20 the right-of-way of [on] a turnpike project constructed and
1000-21 maintained by the Texas Turnpike Authority or a controlled access
1000-22 highway.
1000-23 (b) In this section, "controlled access highway" has the
1000-24 meaning assigned by Section 541.302 [for more than 12 hours].
1001-1 (b) Section 1, Chapter 863 (S.B. No. 896), Acts of the 74th
1001-2 Legislature, Regular Session, 1995, is repealed.
1001-3 SECTION 30.158. (a) Section 683.032(b), Transportation
1001-4 Code, is amended to conform to Section 1, Chapter 572 (S.B. No.
1001-5 560), Acts of the 74th Legislature, Regular Session, 1995, to read
1001-6 as follows:
1001-7 (b) A garagekeeper who fails to report an abandoned motor
1001-8 vehicle to a law enforcement agency within seven days [48 hours]
1001-9 after the date it is [has been] abandoned may not claim
1001-10 reimbursement for storage of the vehicle.
1001-11 (b) Section 683.034, Transportation Code, is amended to
1001-12 conform to Section 1, Chapter 572 (S.B. No. 560), Acts of the 74th
1001-13 Legislature, Regular Session, 1995, by adding Subsection (e) to
1001-14 read as follows:
1001-15 (e) If the law enforcement agency does not take the vehicle
1001-16 into custody before the 31st day after the date notice is sent
1001-17 under Section 683.012:
1001-18 (1) the law enforcement agency may not take the
1001-19 vehicle into custody; and
1001-20 (2) the storage facility may dispose of the vehicle
1001-21 under Chapter 70, Property Code, except that notice under Section
1001-22 683.012 satisfies the notice requirements of that chapter.
1001-23 (c) Section 1, Chapter 572 (S.B. No. 560), Acts of the 74th
1001-24 Legislature, Regular Session, 1995, is repealed.
1002-1 SECTION 30.159. (a) Chapter 685, Transportation Code, is
1002-2 amended to conform to Section 1, Chapter 360 (S.B. No. 1278), Acts
1002-3 of the 74th Legislature, Regular Session, 1995, to read as follows:
1002-4 CHAPTER 685. RIGHTS OF OWNERS AND OPERATORS OF STORED VEHICLES
1002-5 Sec. 685.001. DEFINITIONS. In this chapter:
1002-6 (1) "Vehicle[, "vehicle" and "vehicle] storage
1002-7 facility" has [have] the meaning [meanings] assigned [those terms]
1002-8 by the Vehicle Storage Facility Act, Article 6687-9a, Revised
1002-9 Statutes.
1002-10 (2) "Parking facility," "towing company," and
1002-11 "vehicle" have the meanings assigned by Section 684.001.
1002-12 Sec. 685.002. Payment of Cost of Removal and Storage of
1002-13 Vehicle. (a) If in a hearing held under this chapter the court
1002-14 finds that a person or law enforcement agency authorized, with
1002-15 probable cause, the removal and storage in a vehicle storage
1002-16 facility of a vehicle, the person who requested the hearing [owner
1002-17 of the vehicle] shall pay the costs of the removal and storage.
1002-18 (b) If in a hearing held under this chapter the court does
1002-19 not find that a person or law enforcement agency authorized, with
1002-20 probable cause, the removal and storage in a vehicle storage
1002-21 facility of a vehicle, the person or law enforcement agency that
1002-22 authorized the removal shall:
1002-23 (1) pay the costs of the removal and storage; or
1002-24 (2) reimburse the owner or operator for the cost of
1003-1 the removal and storage paid by the owner or operator.
1003-2 Sec. 685.003. RIGHT OF OWNER OR OPERATOR OF VEHICLE TO
1003-3 HEARING. The owner or operator of a vehicle that has been removed
1003-4 and placed in a vehicle storage facility without the consent of the
1003-5 owner or operator of the vehicle is entitled to a hearing on
1003-6 whether probable cause existed for the removal and placement.
1003-7 Sec. 685.004. JURISDICTION. (a) A hearing under this
1003-8 chapter is before the justice of the peace or a magistrate in whose
1003-9 jurisdiction is the location from which the vehicle was removed
1003-10 [vehicle storage facility is located], except as provided by
1003-11 Subsection (b).
1003-12 (b) In a municipality with a population of 1,200,000 or
1003-13 more, a hearing under this chapter is before a judge of a municipal
1003-14 court in whose jurisdiction is the location from which the vehicle
1003-15 was removed [vehicle storage facility is located].
1003-16 Sec. 685.005. NOTICE TO VEHICLE OWNER OR OPERATOR. (a) If
1003-17 before a hearing held under this chapter the owner or operator of a
1003-18 vehicle pays the costs of the vehicle's removal or storage, the
1003-19 towing company or vehicle storage facility that received the
1003-20 payment shall at the time of payment give the owner or operator
1003-21 written notice of the person's rights under this chapter.
1003-22 (b) The operator of a vehicle storage facility that sends a
1003-23 notice under Section 13, Vehicle Storage Facility Act (Article
1003-24 6687-9a, Revised Statutes), shall include with that notice a notice
1004-1 of the person's rights under this chapter.
1004-2 Sec. 685.006. CONTENTS OF NOTICE. (a) The notice under
1004-3 Section 685.005 must include:
1004-4 (1) a statement of:
1004-5 (A) the person's right to submit a request
1004-6 within 14 days for a court hearing to determine whether probable
1004-7 cause existed to remove the vehicle;
1004-8 (B) the information that a request for a hearing
1004-9 must contain; and
1004-10 (C) any filing fee for the hearing;
1004-11 (2) the name, address, and telephone number of the
1004-12 towing company that removed the vehicle;
1004-13 (3) the name, address, and telephone number of the
1004-14 vehicle storage facility in which the vehicle was placed; and
1004-15 (4) the name, address, and telephone number of one or
1004-16 more of the appropriate magistrates as determined under Subsection
1004-17 (b).
1004-18 (b) The notice must include the name, address, and telephone
1004-19 number of:
1004-20 (1) the municipal court of the municipality, if the
1004-21 towing company that removed the vehicle or the vehicle storage
1004-22 facility in which the vehicle was placed is located in a
1004-23 municipality; or
1004-24 (2) the justice of the peace of the precinct in which
1005-1 the towing company or the vehicle storage facility is located, if
1005-2 the towing company that removed the vehicle or the vehicle storage
1005-3 facility in which the vehicle was placed is not located in a
1005-4 municipality.
1005-5 Sec. 685.007 [685.005]. REQUEST FOR HEARING. (a) Except as
1005-6 provided by Subsection (c), a [A] person entitled to a hearing
1005-7 under this chapter must deliver a written request for the hearing
1005-8 to the court before the 14th [sixth] day after the date the vehicle
1005-9 was removed and placed in the vehicle storage facility, excluding
1005-10 Saturdays, Sundays, and legal holidays.
1005-11 (b) A request for a hearing must contain:
1005-12 (1) the name, address, and telephone number of the
1005-13 owner or operator of the vehicle;
1005-14 (2) the location from which the vehicle was removed;
1005-15 (3) the date when the vehicle was removed;
1005-16 (4) the name, address, and telephone number of the
1005-17 person or law enforcement agency that authorized the removal; [and]
1005-18 (5) the name, address, and telephone number of the
1005-19 vehicle storage facility in which the vehicle was placed;
1005-20 (6) the name, address, and telephone number of the
1005-21 towing company that removed the vehicle;
1005-22 (7) a copy of any receipt or notification that the
1005-23 owner or operator received from the towing company or the vehicle
1005-24 storage facility; and
1006-1 (8) if the vehicle was removed from a parking
1006-2 facility:
1006-3 (A) one or more photographs that show the
1006-4 location and text of any sign posted at the facility restricting
1006-5 parking of vehicles; or
1006-6 (B) a statement that no sign restricting parking
1006-7 was posted at the parking facility.
1006-8 (c) If notice was not given under Section 685.005, the
1006-9 14-day deadline for requesting a hearing under Subsection (a) does
1006-10 not apply, and the owner or operator of the vehicle may deliver a
1006-11 written request for a hearing at any time.
1006-12 (d) A person who fails to deliver a request in accordance
1006-13 with Subsection (a) waives the right to a hearing.
1006-14 Sec. 685.008 [685.006]. FILING FEE AUTHORIZED. The court
1006-15 may charge a filing fee of $10 for a hearing under this chapter.
1006-16 Sec. 685.009 [685.007]. Hearing. (a) A hearing under this
1006-17 chapter shall be held before the seventh [fourth] working day after
1006-18 the date the court receives the request for the hearing.
1006-19 (b) The court shall notify the person who requested the
1006-20 hearing [owner of the vehicle] and the person or law enforcement
1006-21 agency that authorized the removal of the vehicle of the date,
1006-22 time, and place of the hearing.
1006-23 (c) The sole issue in a hearing under this chapter is
1006-24 whether probable cause existed for the removal and placement of the
1007-1 vehicle.
1007-2 (d) The court shall make written findings of fact and a
1007-3 conclusion of law.
1007-4 (e) The court may award:
1007-5 (1) court costs to the prevailing party; and
1007-6 (2) the reasonable cost of photographs submitted under
1007-7 Section 685.007(b)(8) to a vehicle owner or operator who is the
1007-8 prevailing party.
1007-9 (b) Section 1, Chapter 360 (S.B. No. 1278), Acts of the 74th
1007-10 Legislature, Regular Session, 1995, is repealed.
1007-11 SECTION 30.160. (a) Section 702.001, Transportation Code,
1007-12 is amended to conform to Sections 6 and 7, Chapter 434 (S.B. No.
1007-13 1504), Acts of the 74th Legislature, Regular Session, 1995, to read
1007-14 as follows:
1007-15 Sec. 702.001. DEFINITIONS. In this chapter:
1007-16 (1) "Department" means the Texas Department of
1007-17 Transportation.
1007-18 (2) "Registration" of a motor vehicle includes a
1007-19 renewal of the registration of that vehicle.
1007-20 (3) [(2)] "Traffic law" means a statute or ordinance,
1007-21 a violation of which is a misdemeanor punishable by a fine not to
1007-22 exceed $200, that regulates, on a street, road, or highway of this
1007-23 state:
1007-24 (A) the conduct or condition of a person while
1008-1 operating a motor vehicle; or
1008-2 (B) the condition of a motor vehicle being
1008-3 operated.
1008-4 (b) Section 702.003(b), Transportation Code, is amended to
1008-5 conform to Sections 5 and 6, Chapter 434 (S.B. No. 1504), Acts of
1008-6 the 74th Legislature, Regular Session, 1995, to read as follows:
1008-7 (b) A municipality may contract with a county in which the
1008-8 municipality is located or the department [Texas Department of
1008-9 Transportation] to provide information to the county or department
1008-10 necessary to make a determination under Subsection (a).
1008-11 (c) Section 702.004, Transportation Code, is repealed to
1008-12 conform to the repeal of Sections 2(b) and 5, Article 6687c,
1008-13 Revised Statutes, by Sections 5 and 7, Chapter 434 (S.B. No. 1504),
1008-14 Acts of the 74th Legislature, Regular Session, 1995.
1008-15 (d) Section 702.005, Transportation Code, is renumbered as
1008-16 Section 702.004 of that code and amended to conform to the repeal
1008-17 of Section 2(b) and the amendment of Section 3, Article 6687c,
1008-18 Revised Statutes, by Section 5, Chapter 434 (S.B. No. 1504), Acts
1008-19 of the 74th Legislature, Regular Session, 1995, to read as follows:
1008-20 Sec. 702.004. [Sec. 702.005.] WARNING; CITATION. (a) A
1008-21 peace officer authorized to issue citations in a municipality that
1008-22 has a contract under Section 702.003 [or 702.004] shall issue a
1008-23 written warning to each person to whom the officer issues a
1008-24 citation for a violation of a traffic law in the municipality.
1009-1 (b) The [If the municipality has contracted under Section
1009-2 702.003, the] warning must state that if the person fails to appear
1009-3 in court as provided by law for the prosecution of the offense or
1009-4 fails to pay a fine for the violation, the person might not be
1009-5 permitted to register a motor vehicle in this state.
1009-6 (c) [If the municipality has contracted under Section
1009-7 702.004, the warning must state that if the person fails to appear
1009-8 in court as provided by law for the prosecution of the offense or
1009-9 fails to pay a fine for the violation:]
1009-10 [(1) the driver's license or permit of the person is
1009-11 subject to revocation, if the person has a driver's license or
1009-12 permit; or]
1009-13 [(2) the person's privilege to operate a motor vehicle
1009-14 is subject to revocation and the person may become ineligible to be
1009-15 issued a driver's license in this state if the person does not have
1009-16 a driver's license but is driving under a privilege authorized by
1009-17 state law.]
1009-18 [(d) If a municipality has contracted under Sections 702.003
1009-19 and 702.004, the warning must contain the information required by
1009-20 both Subsections (b) and (c).]
1009-21 [(e)] The warning required by this section may be printed on
1009-22 the citation.
1009-23 (e) Sections 5 and 6, Chapter 434 (S.B. No. 1504), Acts of
1009-24 the 74th Legislature, Regular Session, 1995, are repealed.
1010-1 SECTION 30.161. (a) Subtitle I, Title 7, Transportation
1010-2 Code, is amended to codify Article 6687d, Revised Statutes, as
1010-3 added by Section 1, Chapter 434 (S.B. No. 1504), Acts of the 74th
1010-4 Legislature, Regular Session, 1995, by adding Chapter 706 to read
1010-5 as follows:
1010-6 CHAPTER 706. DENIAL OF RENEWAL OF LICENSE FOR FAILURE TO APPEAR
1010-7 Sec. 706.001. DEFINITIONS. In this chapter:
1010-8 (1) "Complaint" means a notice of an offense as
1010-9 described by Article 27.14(d) or 45.01, Code of Criminal Procedure.
1010-10 (2) "Department" means the Department of Public
1010-11 Safety.
1010-12 (3) "Driver's license" has the meaning assigned by
1010-13 Section 521.001.
1010-14 (4) "Political subdivision" means a municipality or
1010-15 county.
1010-16 (5) "Traffic law" means a statute or ordinance, a
1010-17 violation of which is a misdemeanor punishable by a fine in an
1010-18 amount not to exceed $1,000, that regulates:
1010-19 (A) an operator's conduct or condition while
1010-20 operating a motor vehicle on a street or highway; or
1010-21 (B) the condition of a motor vehicle while it is
1010-22 being operated on a street or highway.
1010-23 Sec. 706.002. CONTRACT WITH DEPARTMENT. (a) A political
1010-24 subdivision may contract with the department to provide information
1011-1 necessary for the department to deny renewal of the driver's
1011-2 license of a person who fails to appear for a complaint, citation,
1011-3 or court order to pay a fine involving a violation of a traffic
1011-4 law.
1011-5 (b) A contract under this section:
1011-6 (1) must be made in accordance with Chapter 791,
1011-7 Government Code; and
1011-8 (2) is subject to the ability of the parties to
1011-9 provide or pay for the services required under the contract.
1011-10 Sec. 706.003. WARNING; CITATION. (a) If a political
1011-11 subdivision has contracted with the department, a peace officer
1011-12 authorized to issue a citation in the jurisdiction of the political
1011-13 subdivision shall issue a written warning to each person to whom
1011-14 the officer issues a citation for a violation of a traffic law in
1011-15 the jurisdiction of the political subdivision.
1011-16 (b) The warning under Subsection (a):
1011-17 (1) is in addition to any other warning required by
1011-18 law;
1011-19 (2) must state in substance that if the person fails
1011-20 to appear in court as provided by law for the prosecution of the
1011-21 offense, the person may be denied renewal of the person's driver's
1011-22 license; and
1011-23 (3) may be printed on the same instrument as the
1011-24 citation.
1012-1 Sec. 706.004. DENIAL OF RENEWAL OF DRIVER'S LICENSE. (a)
1012-2 If a political subdivision has contracted with the department, on
1012-3 receiving the necessary information from the political subdivision
1012-4 the department may deny renewal of the person's driver's license
1012-5 for failure to appear based on a complaint, citation, or court
1012-6 order to pay a fine involving a violation of a traffic law.
1012-7 (b) The information must include:
1012-8 (1) the name, date of birth, and driver's license
1012-9 number of the person;
1012-10 (2) the nature and date of the alleged violation;
1012-11 (3) a statement that the person failed to appear as
1012-12 required by law for a traffic violation; and
1012-13 (4) any other information required by the department.
1012-14 Sec. 706.005. NOTICE TO DEPARTMENT. A political subdivision
1012-15 shall notify the department that there is no cause to continue to
1012-16 deny renewal of a person's driver's license based on the person's
1012-17 previous failure to appear for a traffic violation, on payment of a
1012-18 fee as provided by Section 706.006 and:
1012-19 (1) the entry of a judgment against the person;
1012-20 (2) the perfection of an appeal of the case for which
1012-21 the warrant of arrest was issued;
1012-22 (3) the dismissal of the charge for which the warrant
1012-23 of arrest was issued;
1012-24 (4) the acquittal of the charge on which the person
1013-1 failed to appear;
1013-2 (5) the posting of bond or the giving of other
1013-3 security to reinstate the charge for which the warrant was issued;
1013-4 or
1013-5 (6) the payment of the fine owed on an outstanding
1013-6 court order to pay a fine.
1013-7 Sec. 706.006. ADMINISTRATIVE FEE. (a) Unless a person has
1013-8 been acquitted of the traffic offense for which the person failed
1013-9 to appear for a complaint, citation, or court order to pay a fine
1013-10 involving a violation of a traffic law, the political subdivision
1013-11 shall require the person to pay an administrative fee of $30 for
1013-12 each violation for which the person failed to appear.
1013-13 (b) The fee required by Subsection (a) is in addition to any
1013-14 other fee required by law.
1013-15 Sec. 706.007. RECORDS RELATING TO FEES; DISPOSITION OF FEES.
1013-16 (a) An officer collecting a fee under Section 706.006 shall:
1013-17 (1) keep separate records of the money; and
1013-18 (2) deposit the money in the appropriate municipal or
1013-19 county treasury.
1013-20 (b) The custodian of the municipal or county treasury may:
1013-21 (1) deposit each fee collected under Section 706.006
1013-22 in an interest-bearing account; and
1013-23 (2) retain for the municipality or county the interest
1013-24 earned on money in the account.
1014-1 (c) The custodian shall keep records of money received and
1014-2 disbursed under this section and shall provide an annual report, in
1014-3 the form approved by the comptroller, of all money received and
1014-4 disbursed under this section to:
1014-5 (1) the comptroller;
1014-6 (2) the department; and
1014-7 (3) another entity as provided by interlocal contract.
1014-8 (d) Of each fee collected under Section 706.006, the
1014-9 custodian of a municipal or county treasury shall:
1014-10 (1) send $20 to the comptroller on or before the last
1014-11 day of each calendar quarter; and
1014-12 (2) deposit the remainder to the credit of the general
1014-13 fund of the municipality or county.
1014-14 (e) Of each $20 received by the comptroller, the comptroller
1014-15 shall deposit $10 to the credit of the department to implement this
1014-16 chapter.
1014-17 Sec. 706.008. CONTRACT WITH PRIVATE VENDOR; COMPENSATION.
1014-18 (a) The department may contract with a private vendor to implement
1014-19 this chapter.
1014-20 (b) The vendor performing the contract may be compensated by
1014-21 each political subdivision that has contracted with the department.
1014-22 (c) Except for an action based on a citation issued by a
1014-23 peace officer employed by the department, the vendor may not be
1014-24 compensated with state money.
1015-1 Sec. 706.009. VENDOR TO PROVIDE CUSTOMER SUPPORT SERVICES.
1015-2 (a) A vendor must establish and maintain customer support services
1015-3 as directed by the department, including a toll-free telephone
1015-4 service line to answer and resolve questions from persons who are
1015-5 denied renewal of a driver's license under this chapter.
1015-6 (b) The vendor shall comply with terms, policies, and rules
1015-7 adopted by the department to administer this chapter.
1015-8 Sec. 706.010. USE OF INFORMATION COLLECTED BY VENDOR.
1015-9 Information collected under this chapter by a vendor may not be
1015-10 used by a person other than the department, the political
1015-11 subdivision, or a vendor as provided by this chapter.
1015-12 Sec. 706.011. LIABILITY OF STATE OR POLITICAL SUBDIVISION.
1015-13 (a) An action for damages may not be brought against the state or
1015-14 a political subdivision based on an act or omission under this
1015-15 chapter, including the denial of renewal of a driver's license.
1015-16 (b) The state or a political subdivision may not be held
1015-17 liable in damages based on an act or omission under this chapter,
1015-18 including the denial of renewal of a driver's license.
1015-19 Sec. 706.012. RULES. The department may adopt rules to
1015-20 implement this chapter.
1015-21 (b) Article 6687d, Revised Statutes, as added by Section 1,
1015-22 Chapter 434 (S.B. No. 1504), Acts of the 74th Legislature, Regular
1015-23 Session, 1995, is repealed.
1015-24 SECTION 30.162. (a) Subchapter A, Chapter 723,
1016-1 Transportation Code, is amended to conform to Section 1(15),
1016-2 Chapter 1058 (H.B. No. 3050), Acts of the 74th Legislature, Regular
1016-3 Session, 1995, by adding Section 723.003 to read as follows:
1016-4 Sec. 723.003. TRAFFIC SAFETY FUND ACCOUNT. (a) The traffic
1016-5 safety fund account is an account in the general revenue fund.
1016-6 Money received from any source to implement this chapter shall be:
1016-7 (1) deposited to the credit of the traffic safety fund
1016-8 account; and
1016-9 (2) spent with other state money spent to implement
1016-10 this chapter in the manner in which the other state money is spent.
1016-11 (b) A payment from the traffic safety fund account shall be
1016-12 made in compliance with this chapter and rules adopted by the
1016-13 governor.
1016-14 (b) Section 723.032(b), Transportation Code, is amended to
1016-15 conform to Section 1(15), Chapter 1058 (H.B. No. 3050), Acts of the
1016-16 74th Legislature, Regular Session, 1995, to read as follows:
1016-17 (b) To implement this chapter, a contractual payment may be
1016-18 made from money in the traffic safety fund account for a service
1016-19 rendered or property furnished by a private person or an agency
1016-20 that is not a legal or political subdivision of this state.
1016-21 SECTION 30.163. Sections 724.035(b) and (c), Transportation
1016-22 Code, are amended to correct references to read as follows:
1016-23 (b) The period of suspension or denial is 180 days if the
1016-24 person's driving record shows one or more alcohol-related or
1017-1 drug-related enforcement contacts, as defined by Section
1017-2 524.001(2)(B) or (C) [524.001], during the five years preceding the
1017-3 date of the person's arrest.
1017-4 (c) The period of suspension or denial is one year if the
1017-5 person's driving record shows one or more alcohol-related or
1017-6 drug-related enforcement contacts, as defined by Section
1017-7 524.001(2)(A) [524.001], during the five years preceding the date
1017-8 of the person's arrest.
1017-9 SECTION 30.164. Section 724.041(g), Transportation Code, is
1017-10 amended to correct references to read as follows:
1017-11 (g) An administrative hearing under this section is governed
1017-12 by Sections 524.032(b) and (c), 524.035(e), 524.037(a), and
1017-13 524.040[-524.044].
1017-14 SECTION 30.165. Section 724.063, Transportation Code, is
1017-15 amended to correct a reference to read as follows:
1017-16 Sec. 724.063. Admissibility of Alcohol Concentration or
1017-17 Presence of Substance. Evidence of alcohol concentration or the
1017-18 presence of a controlled substance, drug, dangerous drug, or other
1017-19 substance obtained by an analysis authorized by Section 724.014
1017-20 [this section] is admissible in a civil or criminal action.
1017-21 SECTION 30.166. Section 726.001(b), Transportation Code, is
1017-22 amended to conform to the transfer of motor carrier registration
1017-23 responsibilities from the Railroad Commission of Texas to the Texas
1017-24 Department of Transportation by Chapter 705 (S.B. No. 3), Acts of
1018-1 the 74th Legislature, Regular Session, 1995, to read as follows:
1018-2 (b) This section or an ordinance adopted under this section
1018-3 [it] does not apply to a motor vehicle, trailer, or semitrailer
1018-4 operated under a registration certificate issued under Chapter 643
1018-5 [or permit from the Railroad Commission of Texas].
1018-6 SECTION 30.167. Section 729.001(a), Transportation Code, is
1018-7 amended to conform to the repeal of the law from which Sections
1018-8 502.408(b) and 502.409(c) of that code were derived by Section
1018-9 9(6), Chapter 34 (S.B. No. 178), Acts of the 74th Legislature,
1018-10 Regular Session, 1995, to read as follows:
1018-11 (a) A person who is at least 14 years of age but younger
1018-12 than 17 years of age commits an offense if the person operates a
1018-13 motor vehicle on a public road or highway, a street or alley in a
1018-14 municipality, or a public beach in violation of any traffic law of
1018-15 this state, including:
1018-16 (1) Chapter 502, other than Section 502.282[,
1018-17 502.408(b), 502.409(c),] or 502.412;
1018-18 (2) Chapter 521;
1018-19 (3) Subtitle C;
1018-20 (4) Chapter 601;
1018-21 (5) Chapter 621;
1018-22 (6) Chapter 661; and
1018-23 (7) Chapter 681.
1018-24 SECTION 30.168. (a) Section 729.003(d), Transportation
1019-1 Code, is amended to conform to Section 8, Chapter 434 (S.B. No.
1019-2 1504), Acts of the 74th Legislature, Regular Session, 1995, to read
1019-3 as follows:
1019-4 (d) A court shall report to the Department of Public Safety
1019-5 a person charged with a traffic offense under this chapter who does
1019-6 not appear before the court as required by law. In addition to any
1019-7 other action or remedy provided by law, the department may deny
1019-8 renewal of the person's driver's license under Section 521.310 or
1019-9 Chapter 706. The court also shall report to the department on
1019-10 final disposition of the case.
1019-11 (b) Section 8, Chapter 434 (S.B. No. 1504), Acts of the 74th
1019-12 Legislature, Regular Session, 1995, is repealed.
1019-13 SECTION 30.169. Section 750.001, Transportation Code, is
1019-14 repealed to conform to the repeal of the law from which it was
1019-15 derived by Section 58(e), Chapter 260 (S.B. No. 1), Acts of the
1019-16 74th Legislature, Regular Session, 1995.
1019-17 SECTION 30.170. Title 8, Transportation Code, which was
1019-18 reserved for the codification of certain laws relating to the
1019-19 regulation of motor carriers, is repealed to conform to the repeal
1019-20 of those laws by Chapter 705 (S.B. No. 3), Acts of the 74th
1019-21 Legislature, Regular Session, 1995.
1019-22 SECTION 30.171. Section 48.03, Alcoholic Beverage Code, is
1019-23 amended to conform to the abolition of the Texas High-Speed Rail
1019-24 Authority by Chapter 401 (H.B. No. 2390), Acts of the 74th
1020-1 Legislature, Regular Session, 1995, to read as follows:
1020-2 Sec. 48.03. Eligibility for Permit. The commission or
1020-3 administrator may issue a passenger train beverage permit to any
1020-4 corporation organized under Title 112, Revised Statutes, or under
1020-5 the Rail Passenger Service Act of 1970, as amended (45 U.S.C.A.
1020-6 Section 501 et seq.), [or to a corporation holding a franchise
1020-7 issued by the Texas High-Speed Rail Authority,] operating a
1020-8 commercial passenger train service in or through the state.
1020-9 Application and payment of the fee shall be made directly to the
1020-10 commission.
1020-11 SECTION 30.172. Section 13A, Texas Driver and Traffic Safety
1020-12 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
1020-13 as added by Section 15, Chapter 165 (S.B. No. 971), Acts of the
1020-14 74th Legislature, Regular Session, 1995, is repealed to conform to
1020-15 the repeal of Sections 4(b) and (c), Chapter 559, Acts of the 73rd
1020-16 Legislature, 1993, by Section 58(f), Chapter 260 (S.B. No. 1), Acts
1020-17 of the 74th Legislature, Regular Session, 1995.
1020-18 SECTION 30.173. Section 41.03, Alcoholic Beverage Code, is
1020-19 amended to conform to the revision of Article 6675c, Revised
1020-20 Statutes, as Chapter 643, Transportation Code, by this Act to read
1020-21 as follows:
1020-22 Sec. 41.03. Eligibility for Permit. A carrier permit may be
1020-23 issued to:
1020-24 (1) a water carrier;
1021-1 (2) an airline;
1021-2 (3) a railway;
1021-3 (4) a motor carrier registered under Chapter 643,
1021-4 Transportation Code [Article 6675c, Revised Statutes]; or
1021-5 (5) a common carrier operating under a certificate
1021-6 issued by the Interstate Commerce Commission.
1021-7 SECTION 30.174. Section 67.01, Alcoholic Beverage Code, is
1021-8 amended to conform to the revision of Article 6675c, Revised
1021-9 Statutes, as Chapter 643, Transportation Code, by this Act to read
1021-10 as follows:
1021-11 Sec. 67.01. Authorized Activities. A holder of an
1021-12 importer's license may import beer into this state only from the
1021-13 holder of a nonresident manufacturer's license. The beer may be
1021-14 transported by a railway carrier, a motor carrier registered under
1021-15 Chapter 643, Transportation Code [Article 6675c, Revised Statutes],
1021-16 or by a common motor carrier operated under a certificate issued by
1021-17 the Interstate Commerce Commission. Each carrier must hold a
1021-18 carrier's permit issued under Chapter 41 of this code. All
1021-19 provisions of Chapter 41 relating to the transportation of liquor
1021-20 also apply to the transportation of beer. A carrier may not
1021-21 transport beer into the state unless it is consigned to an
1021-22 importer.
1021-23 SECTION 30.175. Section 108.08(a), Alcoholic Beverage Code,
1021-24 is amended to conform to Chapter 165, Acts of the 74th Legislature,
1022-1 Regular Session, 1995, to read as follows:
1022-2 (a) Notwithstanding any other provision of this code or any
1022-3 rule adopted under the authority of this code, the provisions of
1022-4 this code relating to the regulation of or limitations on outdoor
1022-5 advertising signage, advertising revenue, or advertising signage in
1022-6 or on a licensed premises do not apply to an entity which owns a
1022-7 professional sports franchise which plays a majority of its home
1022-8 games in a municipally owned or leased regional economic
1022-9 development facility that is in a station or terminal complex of a
1022-10 rapid transit authority and to which Subchapter E, Chapter 451,
1022-11 Transportation Code [Subsection (e), Section 6C, Chapter 141, Acts
1022-12 of the 63rd Legislature, Regular Session, 1973 (Article 1118x,
1022-13 Vernon's Texas Civil Statutes)], applies or to such a facility.
1022-14 SECTION 30.176. Section 2A.104(a), Business & Commerce Code,
1022-15 is amended to conform to Chapter 165, Acts of the 74th Legislature,
1022-16 Regular Session, 1995, to read as follows:
1022-17 (a) A lease, although subject to this chapter, is also
1022-18 subject to any applicable:
1022-19 (1) certificate of title statute of this state,
1022-20 including Chapter 501, Transportation Code [the provisions of the
1022-21 Certificate of Title Act (Article 6687-1, Vernon's Texas Civil
1022-22 Statutes)], Chapter 31, Parks and Wildlife Code, and Section 19,
1022-23 Texas Manufactured Housing Standards Act (Article 5221f, Vernon's
1022-24 Texas Civil Statutes);
1023-1 (2) certificate of title statute of another
1023-2 jurisdiction (Section 2A.105); or
1023-3 (3) consumer law of this state, both decisional and
1023-4 statutory, including, to the extent that they apply to a lease
1023-5 transaction, [the provisions of] Chapters 17 and 35[, Business &
1023-6 Commerce Code,] and the Texas Manufactured Housing Standards Act
1023-7 (Article 5221f, Vernon's Texas Civil Statutes).
1023-8 SECTION 30.177. Section 9.302(c), Business & Commerce Code,
1023-9 is amended to conform to Chapter 165, Acts of the 74th Legislature,
1023-10 Regular Session, 1995, to read as follows:
1023-11 (c) The filing of a financing statement otherwise required
1023-12 by this Chapter is not necessary or effective to perfect a security
1023-13 interest in property subject to:
1023-14 (1) a statute or treaty of the United States which
1023-15 provides for a national or international registration or a national
1023-16 or international certificate of title or which specifies a place of
1023-17 filing different from that specified in this Chapter for filing of
1023-18 the security interest; or
1023-19 (2) the following statutes of this state: Chapter
1023-20 501, Transportation Code[; the Certificate of Title Act, as amended
1023-21 (Article 6687-1, Vernon's Texas Civil Statutes)]; Subchapter B-1,
1023-22 Chapter 31, Parks and Wildlife Code, as amended, relating to the
1023-23 certificates of title for motorboat and outboard motors; the Texas
1023-24 Manufactured Housing Standards Act, as amended (Article 5221f,
1024-1 Vernon's Texas Civil Statutes); but during any period in which
1024-2 collateral is inventory held for sale by a person who is in the
1024-3 business of selling goods of that kind, the filing provisions of
1024-4 this Chapter (Subchapter D) apply to a security interest in that
1024-5 collateral created by him as debtor; or Subchapter A, Chapter 35,
1024-6 Title 4, [Business & Commerce Code,] relating to utility security
1024-7 instruments; or
1024-8 (3) a certificate of title statute of another
1024-9 jurisdiction under the law of which indication of a security
1024-10 interest on the certificate is required as a condition of
1024-11 perfection (Subsection (b) of Section 9.103).
1024-12 SECTION 30.178. Section 35.46(a)(1), Business & Commerce
1024-13 Code, is amended to conform to Chapter 165, Acts of the 74th
1024-14 Legislature, Regular Session, 1995, to read as follows:
1024-15 (1) "Motor vehicle" has the meaning assigned by
1024-16 Section 541.201, Transportation Code [2(b), Uniform Act Regulating
1024-17 Traffic on Highways (Article 6701d, Vernon's Texas Civil
1024-18 Statutes)].
1024-19 SECTION 30.179. Section 84.004(c), Civil Practice and
1024-20 Remedies Code, is amended to conform to Chapter 165, Acts of the
1024-21 74th Legislature, Regular Session, 1995, to read as follows:
1024-22 (c) A volunteer of a charitable organization is liable to a
1024-23 person for death, damage, or injury to the person or his property
1024-24 proximately caused by any act or omission arising from the
1025-1 operation or use of any motor-driven equipment, including an
1025-2 airplane, to the extent insurance coverage is required by Chapter
1025-3 601, Transportation Code [Section 1A, Texas Motor Vehicle
1025-4 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
1025-5 Statutes)], and to the extent of any existing insurance coverage
1025-6 applicable to the act or omission.
1025-7 SECTION 30.180. Section 87.005, Civil Practice and Remedies
1025-8 Code, as added by Chapter 604, Acts of the 74th Legislature,
1025-9 Regular Session, 1995, is renumbered and is amended to conform to
1025-10 Chapter 165, Acts of the 74th Legislature, Regular Session, 1995,
1025-11 to read as follows:
1025-12 Sec. 86.005 [87.005]. CERTAIN TRAFFIC LAW VIOLATIONS
1025-13 EXCLUDED. This chapter does not apply to a claim arising from an
1025-14 offense defined by Subtitle C, Title 7, Transportation Code [in the
1025-15 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
1025-16 Texas Civil Statutes)].
1025-17 SECTION 30.181. The heading to Subchapter I, Chapter 56,
1025-18 Education Code, is amended to conform to Chapter 165, Acts of the
1025-19 74th Legislature, Regular Session, 1995, to read as follows:
1025-20 SUBCHAPTER I. TEXAS [STATE] DEPARTMENT OF [HIGHWAYS AND
1025-21 PUBLIC] TRANSPORTATION CONDITIONAL GRANT PROGRAM
1025-22 SECTION 30.182. Section 51.02(16), Family Code, is amended
1025-23 to conform to Chapter 165, Acts of the 74th Legislature, Regular
1025-24 Session, 1995, to read as follows:
1026-1 (16) "Traffic offense" means:
1026-2 (A) a violation of a penal statute cognizable
1026-3 under Chapter 729, Transportation Code [302, Acts of the 55th
1026-4 Legislature, Regular Session, 1957, as amended (Article 6701l-4,
1026-5 Vernon's Texas Civil Statutes)]; or
1026-6 (B) a violation of a motor vehicle traffic
1026-7 ordinance of an incorporated city or town in this state.
1026-8 SECTION 30.183. Sections 54.042(a) and (c), Family Code, are
1026-9 amended to conform to Chapter 165, Acts of the 74th Legislature,
1026-10 Regular Session, 1995, to read as follows:
1026-11 (a) A juvenile court, in a disposition hearing under Section
1026-12 54.04 of this code, shall:
1026-13 (1) order the Department of Public Safety to suspend a
1026-14 child's driver's license or permit, or if the child does not have a
1026-15 license or permit, to deny the issuance of a license or permit to
1026-16 the child if the court finds that the child has engaged in conduct
1026-17 that violates a law of this state enumerated in Section 521.342(a),
1026-18 Transportation Code [24(a-1), Chapter 173, Acts of the 47th
1026-19 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
1026-20 Civil Statutes)]; or
1026-21 (2) notify the Department of Public Safety of the
1026-22 adjudication, if the court finds that the child has engaged in
1026-23 conduct that violates a law of this state enumerated in Section
1026-24 521.372(a), Transportation Code [24B(b), Chapter 173, Acts of the
1027-1 47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
1027-2 Texas Civil Statutes)].
1027-3 (c) A child whose driver's license or permit has been
1027-4 suspended or denied pursuant to this section may, if the child is
1027-5 otherwise eligible for, and fulfils the requirements for issuance
1027-6 of, a provisional driver's license or permit under Chapter 521,
1027-7 Transportation Code [173, Acts of the 47th Legislature, Regular
1027-8 Session, 1941, as amended (Article 6687b, Vernon's Texas Civil
1027-9 Statutes)], apply for and receive an occupational license in
1027-10 accordance with Subchapter L of that chapter [the provisions of
1027-11 Section 23A, Chapter 173, Acts of the 47th Legislature, Regular
1027-12 Session, 1941, as amended (Article 6687b, Vernon's Texas Civil
1027-13 Statutes)].
1027-14 SECTION 30.184. Section 232.011(h), Family Code, is amended
1027-15 to conform to Chapter 165, Acts of the 74th Legislature, Regular
1027-16 Session, 1995, to read as follows:
1027-17 (h) The denial or suspension of a driver's license under
1027-18 this chapter is governed by this chapter and not by the general
1027-19 licensing provisions of Chapter 521, Transportation Code [173, Acts
1027-20 of the 47th Legislature, Regular Session, 1941 (Article 6687b,
1027-21 Vernon's Texas Civil Statutes)].
1027-22 SECTION 30.185. Section 25.2293(c), Government Code, is
1027-23 amended to conform to Chapter 165, Acts of the 74th Legislature,
1027-24 Regular Session, 1995, to read as follows:
1028-1 (c) A statutory probate court has eminent domain
1028-2 jurisdiction. All actions, cases, matters, or proceedings of
1028-3 eminent domain arising under Chapter 21, Property Code, or under
1028-4 Section 251.101, Transportation Code [4.302, County Road and Bridge
1028-5 Act (Article 6702-1, Vernon's Texas Civil Statutes)], shall be
1028-6 filed and docketed in Probate Court No. 1 of Travis County. A
1028-7 statutory probate court may transfer an eminent domain proceeding
1028-8 to a county court at law in the county.
1028-9 SECTION 30.186. Section 51.702(b), Government Code, is
1028-10 amended to conform to Chapter 165, Acts of the 74th Legislature,
1028-11 Regular Session, 1995, to read as follows:
1028-12 (b) In addition to other court costs, a person shall pay $15
1028-13 as a court cost on conviction of any criminal offense in a
1028-14 statutory county court, including cases in which probation or
1028-15 deferred adjudication is granted. A conviction that arises under
1028-16 Chapter 521, Transportation Code [173, Acts of the 47th
1028-17 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
1028-18 Civil Statutes)], or a conviction under Subtitle C, Title 7,
1028-19 Transportation Code, [the Uniform Act Regulating Traffic on
1028-20 Highways (Article 6701d, Vernon's Texas Civil Statutes)] is
1028-21 included, except that a conviction arising under any law that
1028-22 regulates pedestrians or the parking of motor vehicles is not
1028-23 included.
1028-24 SECTION 30.187. Section 56.001(b), Government Code, is
1029-1 amended to conform to Chapter 165, Acts of the 74th Legislature,
1029-2 Regular Session, 1995, to read as follows:
1029-3 (b) In addition to other court costs, a person shall pay $1
1029-4 as a court cost on conviction of any criminal offense, including
1029-5 cases in which probation or deferred adjudication is granted or in
1029-6 which final disposition in the case is deferred. A conviction that
1029-7 arises under Chapter 521, Transportation Code [173, Acts of the
1029-8 47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
1029-9 Texas Civil Statutes)], or a conviction under Subtitle C, Title 7,
1029-10 Transportation Code, [the Uniform Act Regulating Traffic on
1029-11 Highways (Article 6701d, Vernon's Texas Civil Statutes)] is
1029-12 included, except that a conviction arising under any law that
1029-13 regulates pedestrians or the parking of motor vehicles is not
1029-14 included.
1029-15 SECTION 30.188. Section 316.033, Government Code, is amended
1029-16 to conform to the abolition of the Texas High-Speed Rail Authority
1029-17 by Chapter 401 (H.B. No. 2390), Acts of the 74th Legislature,
1029-18 Regular Session, 1995, to read as follows:
1029-19 Sec. 316.033. Funds Excluded. This subchapter applies to
1029-20 funds established by state law, but does not apply to any portion
1029-21 of a fund derived from constitutionally dedicated revenues or to
1029-22 funds or fund balances that are:
1029-23 (1) dedicated by the Texas Constitution;
1029-24 (2) held in trust or escrow for the benefit of any
1030-1 person or entity other than a state agency;
1030-2 (3) pledged to the payment of bonds, notes, or other
1030-3 debts;
1030-4 (4) derived from gifts, donations, or endowments made
1030-5 to state agencies or institutions of higher education;
1030-6 (5) pledged to the capital trust fund to be used for
1030-7 construction; or
1030-8 (6) maintained by institutions of higher education,
1030-9 including the Texas State Technical College System[; or]
1030-10 [(7) maintained by the Texas High-Speed Rail
1030-11 Authority].
1030-12 SECTION 30.189. Sections 325.0081 and 325.0082, Government
1030-13 Code, are repealed as duplicative of Sections 451.453 and 452.453,
1030-14 Transportation Code.
1030-15 SECTION 30.190. Section 411.082(2), Government Code, is
1030-16 amended to conform to Chapter 165, Acts of the 74th Legislature,
1030-17 Regular Session, 1995, to read as follows:
1030-18 (2) "Criminal history record information" means
1030-19 information collected about a person by a criminal justice agency
1030-20 that consists of identifiable descriptions and notations of
1030-21 arrests, detentions, indictments, informations, and other formal
1030-22 criminal charges and their dispositions. The term does not
1030-23 include:
1030-24 (A) identification information, including
1031-1 fingerprint records, to the extent that the identification
1031-2 information does not indicate involvement of the person in the
1031-3 criminal justice system; or
1031-4 (B) driving record information maintained by the
1031-5 department under Subchapter C, Chapter 521, Transportation Code
1031-6 [Section 21, Chapter 173, Acts of the 47th Legislature, Regular
1031-7 Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes)].
1031-8 SECTION 30.191. Section 411.0095(e), Government Code, is
1031-9 amended to conform to Chapter 165, Acts of the 74th Legislature,
1031-10 Regular Session, 1995, to read as follows:
1031-11 (e) In this section, "vehicle" has the meaning assigned by
1031-12 Section 541.201, Transportation Code [2, Uniform Act Regulating
1031-13 Traffic on Highways (Article 6701d, Vernon's Texas Civil
1031-14 Statutes)].
1031-15 SECTION 30.192. Section 415.082(b), Government Code, is
1031-16 amended to conform to Chapter 165, Acts of the 74th Legislature,
1031-17 Regular Session, 1995, to read as follows:
1031-18 (b) This section applies to a conviction for an offense
1031-19 under the state traffic laws only if the offense is defined in:
1031-20 (1) Chapter 521, Transportation Code [173, Acts of the
1031-21 47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
1031-22 Texas Civil Statutes)]; or
1031-23 (2) Subtitle C, Title 7, Transportation Code [the
1031-24 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
1032-1 Texas Civil Statutes)], except:
1032-2 (A) Subchapter G, Chapter 545, Transportation
1032-3 Code;
1032-4 (B) Section 545.404, Transportation Code; and
1032-5 (C) Sections 552.002-552.009, Transportation
1032-6 Code [Sections 34, 76, 77, 78, 79, 80, 81, 93, 94, 95, 96, and 97
1032-7 of that Act].
1032-8 SECTION 30.193. Section 551.122, Government Code, is
1032-9 repealed to conform to the abolition of the Texas High-Speed Rail
1032-10 Authority by Chapter 401 (H.B. No. 2390), Acts of the 74th
1032-11 Legislature, Regular Session, 1995.
1032-12 SECTION 30.194. Section 555.003, Government Code, is amended
1032-13 to conform to Chapter 165, Acts of the 74th Legislature, Regular
1032-14 Session, 1995, to read as follows:
1032-15 Sec. 555.003. Exception. This chapter does not apply to
1032-16 files that relate to drivers of motor vehicles and that are
1032-17 maintained by the Department of Public Safety under Subchapter C,
1032-18 Chapter 521, Transportation Code [Section 21, Chapter 173, Acts of
1032-19 the 47th Legislature, Regular Session, 1941 (Article 6687b,
1032-20 Vernon's Texas Civil Statutes)].
1032-21 SECTION 30.195. Section 612.001(b), Government Code, is
1032-22 amended to conform to Chapter 165, Acts of the 74th Legislature,
1032-23 Regular Session, 1995, to read as follows:
1032-24 (b) The liability coverage provided under this section must
1033-1 be in amounts not less than those required by Chapter 601,
1033-2 Transportation Code, [the Texas Motor Vehicle Safety-Responsibility
1033-3 Act (Article 6701h, Vernon's Texas Civil Statutes)] to provide
1033-4 evidence [proof] of financial responsibility.
1033-5 SECTION 30.196. Section 791.028(a)(2), Government Code, is
1033-6 amended to conform to Chapter 165, Acts of the 74th Legislature,
1033-7 Regular Session, 1995, to read as follows:
1033-8 (2) "Transportation corporation" means a corporation
1033-9 created under Chapter 431, Transportation Code [the Texas
1033-10 Transportation Corporation Act (Article 1528l, Vernon's Texas Civil
1033-11 Statutes)].
1033-12 SECTION 30.197. Section 2001.221, Government Code, is
1033-13 amended to conform to Chapter 165, Acts of the 74th Legislature,
1033-14 Regular Session, 1995, to read as follows:
1033-15 Sec. 2001.221. Driver's Licenses. This chapter does not
1033-16 apply to a suspension, revocation, cancellation, denial, or
1033-17 disqualification of a driver's license or commercial driver's
1033-18 license as authorized by:
1033-19 (1) Subchapter N, Chapter 521, Transportation Code,
1033-20 except Sections 521.296 and 521.297 of that subchapter, or by
1033-21 Subchapter O or P of that chapter [Article IV, Chapter 173, Acts of
1033-22 the 47th Legislature, Regular Session, 1941 (Article 6687b,
1033-23 Vernon's Texas Civil Statutes)];
1033-24 (2) Chapter 522, Transportation Code [the Texas
1034-1 Commercial Driver's License Act (Article 6687b-2, Revised
1034-2 Statutes)];
1034-3 (3) Chapter 601, Transportation Code [the Texas Motor
1034-4 Vehicle Safety-Responsibility Act (Article 6701h, Vernon's Texas
1034-5 Civil Statutes)]; or
1034-6 (4) Section 13, Article 42.12, Code of Criminal
1034-7 Procedure.
1034-8 SECTION 30.198. Section 2002.023, Government Code, is
1034-9 amended to conform to Chapter 165, Acts of the 74th Legislature,
1034-10 Regular Session, 1995, to read as follows:
1034-11 Sec. 2002.023. Exceptions. This subchapter does not apply
1034-12 to:
1034-13 (1) a suspension, revocation, cancellation, denial, or
1034-14 disqualification of a driver's license or commercial driver's
1034-15 license as authorized by:
1034-16 (A) Subchapter N [Article IV], Chapter 521,
1034-17 Transportation Code, except Sections 521.296 and 521.297 of that
1034-18 subchapter, or by Subchapter O or P of that chapter [173, Acts of
1034-19 the 47th Legislature, Regular Session, 1941 (Article 6687b,
1034-20 Vernon's Texas Civil Statutes)];
1034-21 (B) Chapter 522, Transportation Code [the Texas
1034-22 Commercial Driver's License Act (Article 6687b-2, Revised
1034-23 Statutes)];
1034-24 (C) Chapter 601, Transportation Code [the Texas
1035-1 Motor Vehicle Safety-Responsibility Act (Article 6701h, Vernon's
1035-2 Texas Civil Statutes)];
1035-3 (D) Chapter 724, Transportation Code [434, Acts
1035-4 of the 61st Legislature, Regular Session, 1969 (Article 6701l-5,
1035-5 Vernon's Texas Civil Statutes)]; or
1035-6 (E) Section 13, Article 42.12, Code of Criminal
1035-7 Procedure;
1035-8 (2) matters related solely to the internal personnel
1035-9 rules and practices of a state agency;
1035-10 (3) the Texas Workforce [Employment] Commission, other
1035-11 than to matters of unemployment insurance maintained by the
1035-12 commission; or
1035-13 (4) a rule or internal procedure of the Texas
1035-14 Department of Criminal Justice or Texas Board of Criminal Justice
1035-15 that applies to an inmate or any other person under the custody or
1035-16 control of the department or to an action taken under that rule or
1035-17 procedure.
1035-18 SECTION 30.199. Section 2151.002(2), Government Code, is
1035-19 amended to conform to the abolition of the Texas High-Speed Rail
1035-20 Authority by Chapter 401 (H.B. No. 2390), Acts of the 74th
1035-21 Legislature, Regular Session, 1995, to read as follows:
1035-22 (2) "State agency" means:
1035-23 (A) a department, commission, board, office, or
1035-24 other agency in the executive branch of state government created by
1036-1 the state constitution or a state statute[, except the Texas
1036-2 High-Speed Rail Authority];
1036-3 (B) the supreme court, the court of criminal
1036-4 appeals, a court of appeals, or the Texas Judicial Council; or
1036-5 (C) a university system or an institution of
1036-6 higher education as defined by Section 61.003, Education Code,
1036-7 except a public junior college.
1036-8 SECTION 30.200. Section 2155.387, Government Code, is
1036-9 amended to conform to Chapter 165, Acts of the 74th Legislature,
1036-10 Regular Session, 1995, to read as follows:
1036-11 Sec. 2155.387. Payment for Road Construction Materials
1036-12 Delivered by Vehicle Exceeding Weight Limits. A state agency that
1036-13 purchases road construction materials may pay for road construction
1036-14 materials delivered in a vehicle that exceeds the maximum gross
1036-15 weight authorized by law for the vehicle an amount computed using
1036-16 the lesser of:
1036-17 (1) the actual weight of the load; or
1036-18 (2) the weight determined by subtracting the weight of
1036-19 the vehicle from the sum of the maximum gross weight authorized by
1036-20 law for the vehicle and the tolerance allowance set for the gross
1036-21 weight of that vehicle by [Subdivision 1,] Section 621.403,
1036-22 Transportation Code [6, Chapter 42, General Laws, Acts of the 41st
1036-23 Legislature, 2nd Called Session, 1929 (Article 6701d-11, Vernon's
1036-24 Texas Civil Statutes)].
1037-1 SECTION 30.201. Section 2252.033, Government Code, is
1037-2 amended to conform to Chapter 165, Acts of the 74th Legislature,
1037-3 Regular Session, 1995, to read as follows:
1037-4 Sec. 2252.033. Exemptions. This chapter does not apply to:
1037-5 (1) a public works contract executed before August 31,
1037-6 1981;
1037-7 (2) a public works contract in which the total
1037-8 contract price estimate at the time of execution of the contract is
1037-9 less than $400,000; or
1037-10 (3) a public works contract made by the Texas
1037-11 Department of Transportation under Subchapter A, Chapter 223,
1037-12 Transportation Code [186, General Laws, Acts of the 39th
1037-13 Legislature, Regular Session, 1925 (Article 6674a et seq., Vernon's
1037-14 Texas Civil Statutes)].
1037-15 SECTION 30.202. Section 2305.071(b), Government Code, is
1037-16 amended to conform to Chapter 165, Acts of the 74th Legislature,
1037-17 Regular Session, 1995, to read as follows:
1037-18 (b) The supervising state agency may allocate grant money
1037-19 among eligible applicants according to the following formula:
1037-20 (1) one-third to eligible applicants created under[:]
1037-21 [(A)] Chapter 451, 452, or 453, Transportation
1037-22 Code, or a predecessor of those chapters [141, Acts of the 63rd
1037-23 Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas
1037-24 Civil Statutes);]
1038-1 [(B) Chapter 683, Acts of the 66th Legislature,
1038-2 Regular Session, 1979 (Article 1118y, Vernon's Texas Civil
1038-3 Statutes); or]
1038-4 [(C) Article 1118z, Revised Statutes];
1038-5 (2) one-third to eligible applicants that are in
1038-6 urbanized areas with a population of more than 50,000 and that were
1038-7 not created under a law specified in Subdivision (1); and
1038-8 (3) one-third to eligible applicants in rural areas of
1038-9 the state and in urban areas with a population of 50,000 or less.
1038-10 SECTION 30.203. Section 45.001, Health and Safety Code, is
1038-11 amended to conform to Chapter 165, Acts of the 74th Legislature,
1038-12 Regular Session, 1995, to read as follows:
1038-13 Sec. 45.001. Definition. In this chapter, "child passenger
1038-14 safety seat system" has the meaning assigned by Section 545.412,
1038-15 Transportation Code [107B, Uniform Act Regulating Traffic on
1038-16 Highways (Article 6701d, Vernon's Texas Civil Statutes)].
1038-17 SECTION 30.204. Section 361.003(19), Health and Safety Code,
1038-18 is amended to conform to Chapter 165, Acts of the 74th Legislature,
1038-19 Regular Session, 1995, to read as follows:
1038-20 (19) "Motor vehicle" has the meaning assigned by
1038-21 Section 541.201, Transportation Code [2(b), Uniform Act Regulating
1038-22 Traffic on Highways (Article 6701d, Vernon's Texas Civil
1038-23 Statutes)].
1038-24 SECTION 30.205. Section 361.014(a), Health and Safety Code,
1039-1 is amended to conform to Chapter 165, Acts of the 74th Legislature,
1039-2 Regular Session, 1995, to read as follows:
1039-3 (a) Revenue received by the commission under Section 361.013
1039-4 shall be deposited in the state treasury to the credit of the
1039-5 commission. Half of the revenue is dedicated to the commission's
1039-6 municipal solid waste permitting and enforcement programs and
1039-7 related support activities and to pay for activities that will
1039-8 enhance the state's solid waste management program, including:
1039-9 (1) provision of funds for the municipal solid waste
1039-10 management planning fund and the municipal solid waste resource
1039-11 recovery applied research and technical assistance fund established
1039-12 by the Comprehensive Municipal Solid Waste Management, Resource
1039-13 Recovery, and Conservation Act (Chapter 363);
1039-14 (2) conduct of demonstration projects and studies to
1039-15 help local governments of various populations and the private
1039-16 sector to convert to accounting systems and set rates that reflect
1039-17 the full costs of providing waste management services and are
1039-18 proportionate to the amount of waste generated;
1039-19 (3) provision of technical assistance to local
1039-20 governments concerning solid waste management;
1039-21 (4) establishment of a solid waste resource center in
1039-22 the commission and an office of waste minimization and recycling;
1039-23 (5) provision of supplemental funding to local
1039-24 governments for the enforcement of this chapter, the Texas Litter
1040-1 Abatement Act (Chapter 365), and Chapters 391 and 683,
1040-2 Transportation Code [Chapter 741, Acts of the 67th Legislature,
1040-3 Regular Session, 1981 (Article 4477-9a, Vernon's Texas Civil
1040-4 Statutes)];
1040-5 (6) conduct of a statewide public awareness program
1040-6 concerning solid waste management;
1040-7 (7) provision of supplemental funds for other state
1040-8 agencies with responsibilities concerning solid waste management,
1040-9 recycling, and other initiatives with the purpose of diverting
1040-10 recyclable waste from landfills;
1040-11 (8) conduct of research to promote the development and
1040-12 stimulation of markets for recycled waste products;
1040-13 (9) creation of a state municipal solid waste
1040-14 superfund for:
1040-15 (A) the cleanup of unauthorized tire dumps and
1040-16 solid waste dumps for which a responsible party cannot be located
1040-17 or is not immediately financially able to provide the cleanup; and
1040-18 (B) the cleanup or proper closure of abandoned
1040-19 or contaminated municipal solid waste sites for which a responsible
1040-20 party is not immediately financially able to provide the cleanup;
1040-21 (10) provision of funds to mitigate the economic and
1040-22 environmental impacts of lead-acid battery recycling activities on
1040-23 local governments; and
1040-24 (11) provision of funds for the conduct of research by
1041-1 a public or private entity to assist the state in developing new
1041-2 technologies and methods to reduce the amount of municipal waste
1041-3 disposed of in landfills.
1041-4 SECTION 30.206. Section 365.011(7), Health and Safety Code,
1041-5 is amended to conform to Chapter 165, Acts of the 74th Legislature,
1041-6 Regular Session, 1995, to read as follows:
1041-7 (7) "Motor vehicle" has the meaning assigned by
1041-8 Section 541.201, Transportation Code [2(b), Uniform Act Regulating
1041-9 Traffic on Highways (Article 6701d, Vernon's Texas Civil
1041-10 Statutes)].
1041-11 SECTION 30.207. Sections 382.037(a) and (d), Health and
1041-12 Safety Code, are amended to conform to Chapter 165, Acts of the
1041-13 74th Legislature, Regular Session, 1995, to read as follows:
1041-14 (a) The commission by resolution may request the Public
1041-15 Safety Commission to establish a vehicle emissions inspection and
1041-16 maintenance program under Subchapter F, Chapter 548, Transportation
1041-17 Code [Section 142, Uniform Act Regulating Traffic on Highways
1041-18 (Article 6701d, Vernon's Texas Civil Statutes)], in accordance with
1041-19 this section and rules adopted under this section. The commission
1041-20 by rule may establish, implement, and administer a program
1041-21 requiring emissions-related inspections of motor vehicles to be
1041-22 performed at inspection facilities consistent with the requirements
1041-23 of the federal Clean Air Act (42 U.S.C. Section 7401 et seq.).
1041-24 (d) On adoption of a resolution by the commission and after
1042-1 proper notice, the Department of Public Safety of the State of
1042-2 Texas shall implement a system that requires, as a condition of
1042-3 obtaining an [a safety] inspection certificate issued under
1042-4 Subchapter C, Chapter 548, Transportation Code [Section 140 or 141,
1042-5 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
1042-6 Texas Civil Statutes)], in a county that is included in a vehicle
1042-7 emissions inspection and maintenance program under Subchapter F of
1042-8 that chapter [Section 142, Uniform Act Regulating Traffic on
1042-9 Highways (Article 6701d, Vernon's Texas Civil Statutes)], that the
1042-10 vehicle, unless the vehicle is not covered by the system, be
1042-11 annually or biennially inspected under the vehicle emissions
1042-12 inspection and maintenance program as required by the Texas air
1042-13 quality state implementation plan or Section 382.0371. The
1042-14 Department of Public Safety shall implement such a system when it
1042-15 is required by any provision of federal or state law, including any
1042-16 provision of the Texas air quality state implementation plan. The
1042-17 Department of Public Safety may not require or accept verification
1042-18 of compliance other than a vehicle inspection certificate.
1042-19 SECTION 30.208. Sections 382.0371(i), (j), and (l), Health
1042-20 and Safety Code, are amended to conform to Chapter 165, Acts of the
1042-21 74th Legislature, Regular Session, 1995, to read as follows:
1042-22 (i) This section applies to the issuance of safety
1042-23 inspection certificates issued under Subchapter C, Chapter 548,
1042-24 Transportation Code [Section 140 or 141, Uniform Act Regulating
1043-1 Traffic on Highways (Article 6701d, Vernon's Texas Civil
1043-2 Statutes)], on or after June 1, 1995, for all vehicles subject to
1043-3 this section.
1043-4 (j) This section does not apply to a motor vehicle that is:
1043-5 (1) [is] an antique motor vehicle registered under
1043-6 Section 502.275, Transportation Code [5a, Chapter 88, General
1043-7 Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
1043-8 (Article 6675a-5a, Vernon's Texas Civil Statutes)];
1043-9 (2) [is] a classic motor vehicle registered under
1043-10 Section 502.274, Transportation Code [5n, Chapter 88, General Laws,
1043-11 Acts of the 41st Legislature, 2nd Called Session, 1929 (Article
1043-12 6675a-5n, Vernon's Texas Civil Statutes)];
1043-13 (3) [is] a slow-moving vehicle required to display a
1043-14 slow-moving-vehicle emblem by Section 547.703, Transportation Code
1043-15 [139B, Uniform Act Regulating Traffic on Highways (Article 6701d,
1043-16 Vernon's Texas Civil Statutes)]; or
1043-17 (4) [is] a circus vehicle.
1043-18 (l) In this section:
1043-19 (1) "Commission" means Texas Natural Resource
1043-20 Conservation Commission.
1043-21 (2) "Department" means the Department of Public Safety
1043-22 of the State of Texas.
1043-23 (3) "First sale" of a motor vehicle has the meaning
1043-24 assigned by Section 501.002, Transportation Code [7, Certificate of
1044-1 Title Act (Article 6687-1, Vernon's Texas Civil Statutes)].
1044-2 (4) "Safety inspection" means a compulsory inspection
1044-3 performed as required by Subchapter C, Chapter 548, Transportation
1044-4 Code [Section 140 or 141, Uniform Act Regulating Traffic on
1044-5 Highways (Article 6701d, Vernon's Texas Civil Statutes), by an
1044-6 official inspection station issued a certificate of appointment by
1044-7 the department under Section 141(a) of that Act].
1044-8 (5) "Safety inspection certificate" means an
1044-9 inspection certificate issued under Subchapter C, Chapter 548,
1044-10 Transportation Code [Section 140 or 141, Uniform Act Regulating
1044-11 Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes),
1044-12 after a compulsory inspection required by Section 140 or 141 of
1044-13 that Act, by an official inspection station issued a certificate of
1044-14 appointment by the department under Section 141(a) of that Act].
1044-15 SECTION 30.209. Section 382.0622(a), Health and Safety Code,
1044-16 is amended to conform to Chapter 165, Acts of the 74th Legislature,
1044-17 Regular Session, 1995, to read as follows:
1044-18 (a) Clean Air Act fees consist of:
1044-19 (1) fees collected by the commission under Sections
1044-20 382.062, 382.0621, and 382.037 and as otherwise provided by law;
1044-21 and
1044-22 (2) $2 of each advance payment collected by the
1044-23 Department of Public Safety for inspection certificates for
1044-24 vehicles other than mopeds under Section 548.501, Transportation
1045-1 Code [141(c), Uniform Act Regulating Traffic on Highways (Article
1045-2 6701d, Vernon's Texas Civil Statutes)].
1045-3 SECTION 30.210. Sections 382.131(7) and (8), Health and
1045-4 Safety Code, are amended to conform to Chapter 165, Acts of the
1045-5 74th Legislature, Regular Session, 1995, to read as follows:
1045-6 (7) "Fleet vehicle" means a vehicle required to be
1045-7 registered under Chapter 502, Transportation Code [88, General
1045-8 Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
1045-9 (Article 6675a-2, Vernon's Texas Civil Statutes)], and that is
1045-10 centrally fueled, capable of being centrally fueled, or fueled at
1045-11 facilities serving both business customers and the general public.
1045-12 The term does not include:
1045-13 (A) a fleet vehicle that, when not in use, is
1045-14 normally parked at the residence of the individual who usually
1045-15 operates it and that is available to such individual for personal
1045-16 use;
1045-17 (B) a fleet vehicle that, when not in use, is
1045-18 normally parked at the residence of the individual who usually
1045-19 operates it and who does not report to a central location; or
1045-20 (C) a fleet vehicle that has a gross vehicle
1045-21 weight rating of greater than 26,000 pounds except vehicles owned
1045-22 or operated by the state or mass transit authorities.
1045-23 (8) "Mass transit authority" means a transportation or
1045-24 transit authority or department established under Chapter 451, 452,
1046-1 or 453, Transportation Code [141, Acts of the 63rd Legislature,
1046-2 Regular Session, 1973 (Article 1118x, Vernon's Texas Civil
1046-3 Statutes), Chapter 683, Acts of the 66th Legislature, Regular
1046-4 Session, 1979 (Article 1118y, Vernon's Texas Civil Statutes), or
1046-5 Article 1118z, Revised Statutes], that operates a mass transit
1046-6 system [under any of those laws].
1046-7 SECTION 30.211. Section 692.003(e), Health and Safety Code,
1046-8 is amended to conform to Chapter 165, Acts of the 74th Legislature,
1046-9 Regular Session, 1995, to read as follows:
1046-10 (e) A gift made under this section by a person 18 years of
1046-11 age or older, including a gift made under Subchapter Q, Chapter
1046-12 521, Transportation Code [Section 11B, Chapter 173, Acts of the
1046-13 47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
1046-14 Texas Civil Statutes)], shall be honored without obtaining the
1046-15 approval or consent of any other person.
1046-16 SECTION 30.212. Sections 692.014(a), (b), and (d), Health
1046-17 and Safety Code, are amended to conform to Chapter 165, Acts of the
1046-18 74th Legislature, Regular Session, 1995, to read as follows:
1046-19 (a) At or near the time of notification of death, if it is
1046-20 unclear whether the decedent is or is not a donor, the organ or
1046-21 tissue procurement organization or its designee shall ask the
1046-22 person authorized to make an anatomical gift on behalf of the
1046-23 decedent under Section 692.004, according to the priority
1046-24 established by that section, whether the decedent is or is not a
1047-1 donor. The inquiry shall be made in accordance with the protocol
1047-2 established under Section 692.013 and with procedures established
1047-3 under Subchapter Q, Chapter 521, Transportation Code [Section 11B,
1047-4 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
1047-5 (Article 6687b, Vernon's Texas Civil Statutes)].
1047-6 (b) If the decedent is a donor 18 years of age or older, the
1047-7 decedent's anatomical gift made under Section 692.003, including a
1047-8 gift made under Subchapter Q, Chapter 521, Transportation Code
1047-9 [Section 11B, Chapter 173, Acts of the 47th Legislature, Regular
1047-10 Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes)],
1047-11 shall be honored without obtaining the approval or consent of any
1047-12 other person.
1047-13 (d) If the decedent is not a declared donor, the organ or
1047-14 tissue procurement organization or its designee shall inform the
1047-15 person of the option to donate the decedent's organs and tissues
1047-16 according to the procedures established under this chapter and
1047-17 under Subchapter Q, Chapter 521, Transportation Code [Section 11B,
1047-18 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
1047-19 (Article 6687b, Vernon's Texas Civil Statutes)].
1047-20 SECTION 30.213. Section 51.015(a), Labor Code, is amended to
1047-21 conform to Chapter 165, Acts of the 74th Legislature, Regular
1047-22 Session, 1995, to read as follows:
1047-23 (a) An occupation that involves the operation of a motor
1047-24 vehicle by a child for a commercial purpose is not a hazardous
1048-1 occupation under this chapter if the child:
1048-2 (1) has a driver's license under Chapter 521,
1048-3 Transportation Code [173, Acts of the 47th Legislature, Regular
1048-4 Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes)];
1048-5 (2) is not required to obtain a commercial driver's
1048-6 license under Chapter 522, Transportation Code, [the Texas
1048-7 Commercial Driver's License Act (Article 6687b-2, Revised
1048-8 Statutes)] to perform the duties of the occupation;
1048-9 (3) performs the duties of the occupation:
1048-10 (A) under the direct supervision of the child's
1048-11 parent or an adult having custody of the child; and
1048-12 (B) for a business owned or operated by the
1048-13 child's parent or guardian; and
1048-14 (4) operates a vehicle that has no more than two axles
1048-15 and does not exceed a gross vehicle weight rating of 15,000 pounds.
1048-16 SECTION 30.214. Section 106.002, Local Government Code, is
1048-17 amended to conform to Chapter 165, Acts of the 74th Legislature,
1048-18 Regular Session, 1995, to read as follows:
1048-19 Sec. 106.002. DEPOSITS TO FUND. The following money shall
1048-20 be deposited in the fund:
1048-21 (1) court costs collected under Article 102.014, Code
1048-22 of Criminal Procedure; and
1048-23 (2) optional motor vehicle registration fees remitted
1048-24 to the municipality by the county under Section 502.173,
1049-1 Transportation Code [9b, Chapter 88, General Laws, Acts of the 41st
1049-2 Legislature, 2nd Called Session, 1929 (Article 6675a-9b, Vernon's
1049-3 Texas Civil Statutes)].
1049-4 SECTION 30.215. Section 130.002, Local Government Code, is
1049-5 amended to conform to Chapter 165, Acts of the 74th Legislature,
1049-6 Regular Session, 1995, to read as follows:
1049-7 Sec. 130.002. Acceptance of Check or Credit Card Payment of
1049-8 Certain Fees and Taxes. A county tax assessor-collector may accept
1049-9 a check or credit card invoice for the payment of:
1049-10 (1) motor vehicle registration fees under Chapter 502,
1049-11 Transportation Code [(Article 6675a-1 et seq., Vernon's Texas Civil
1049-12 Statutes)];
1049-13 (2) motor vehicle sales taxes imposed by Chapter 152,
1049-14 Tax Code;
1049-15 (3) occupation taxes paid to the assessor-collector
1049-16 under Chapter 191, Tax Code;
1049-17 (4) motor vehicle title transfer fees under Chapter
1049-18 501, Transportation Code [the Certificate of Title Act (Article
1049-19 6687-1, Vernon's Texas Civil Statutes)];
1049-20 (5) license or permit fees under the Alcoholic
1049-21 Beverage Code; and
1049-22 (6) property taxes.
1049-23 SECTION 30.216. Section 142.006(c), Local Government Code,
1049-24 is amended to conform to Chapter 165, Acts of the 74th Legislature,
1050-1 Regular Session, 1995, to read as follows:
1050-2 (c) The liability coverage provided under this section must
1050-3 be in amounts not less than those required by Chapter 601,
1050-4 Transportation Code, [the Texas Motor Vehicle Safety-Responsibility
1050-5 Act (Article 6701h, Vernon's Texas Civil Statutes)] to provide
1050-6 proof of financial responsibility.
1050-7 SECTION 30.217. Sections 157.042(c) and (d), Local
1050-8 Government Code, are amended to conform to Chapter 165, Acts of the
1050-9 74th Legislature, Regular Session, 1995, to read as follows:
1050-10 (c) A county may elect to comply with the requirements of
1050-11 this section by self-insuring in accordance with Section 601.124,
1050-12 Transportation Code [34, Texas Motor Vehicle Safety-Responsibility
1050-13 Act (Article 6701h, Vernon's Texas Civil Statutes)].
1050-14 (d) Liability coverage required under this section must be
1050-15 in amounts equal to or greater than the amounts required by Chapter
1050-16 601, Transportation Code [the Texas Motor Vehicle
1050-17 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
1050-18 Statutes)].
1050-19 SECTION 30.218. Section 216.0035, Local Government Code, is
1050-20 amended to conform to Chapter 165, Acts of the 74th Legislature,
1050-21 Regular Session, 1995, to read as follows:
1050-22 Sec. 216.0035. Regulatory Authority Not Applicable to
1050-23 On-Premises Signs Under Certain Circumstances. The authority
1050-24 granted to a municipality by this subchapter to require the
1051-1 relocation, reconstruction, or removal of signs does not apply to:
1051-2 (1) on-premises signs in the extraterritorial
1051-3 jurisdiction of municipalities in a county described by Section
1051-4 394.063, Transportation Code [17, Article 2, Chapter 221, Acts of
1051-5 the 69th Legislature, Regular Session, 1985 (Article 6674v-3,
1051-6 Vernon's Texas Civil Statutes)], if the circumstances described by
1051-7 that section occur; and
1051-8 (2) on-premises signs in a municipality's
1051-9 extraterritorial jurisdiction in a county that borders a county
1051-10 described by that law.
1051-11 SECTION 30.219. Section 216.013(d), Local Government Code,
1051-12 is amended to conform to Chapter 165, Acts of the 74th Legislature,
1051-13 Regular Session, 1995, to read as follows:
1051-14 (d) This subchapter does not limit or restrict the
1051-15 compensation provisions of the highway beautification provisions
1051-16 contained in Chapter 391, Transportation Code [Article IV, Section
1051-17 1, Chapter 741, Acts of the 67th Legislature, Regular Session, 1981
1051-18 (Article 4477-9a, Vernon's Texas Civil Statutes)].
1051-19 SECTION 30.220. Section 216.015(a), Local Government Code,
1051-20 is amended to conform to Chapter 165, Acts of the 74th Legislature,
1051-21 Regular Session, 1995, and Chapter 191, Acts of the 70th
1051-22 Legislature, Regular Session, 1987, to read as follows:
1051-23 (a) The legislature declares that it would not have enacted
1051-24 the following without the inclusion of Section 216.010(a), to the
1052-1 extent that provision excludes methods of compensation not
1052-2 specifically authorized by that provision:
1052-3 (1) this subchapter;
1052-4 (2) Section 216.902;
1052-5 (3) Article 2, Chapter 221, Acts of the 69th
1052-6 Legislature, Regular Session, 1985 (codified as Chapter 394,
1052-7 Transportation Code [Article 6674v-3, Vernon's Texas Civil
1052-8 Statutes]); and
1052-9 (4) the amendments made to Section 3, Property
1052-10 Redevelopment and Tax Abatement Act (codified as Chapter 312, Tax
1052-11 Code [Article 1066f, Vernon's Texas Civil Statutes]) by Article 4,
1052-12 Chapter 221, Acts of the 69th Legislature, Regular Session, 1985.
1052-13 SECTION 30.221. Section 216.902(c), Local Government Code,
1052-14 is amended to more closely conform to the law from which it was
1052-15 derived to read as follows:
1052-16 (c) The authority granted to a municipality by this section
1052-17 to extend its outdoor sign ordinance does not apply to:
1052-18 (1) on-premises signs in the extraterritorial
1052-19 jurisdiction of municipalities in a county described by Section
1052-20 394.063 [Chapter 394], Transportation Code, if the circumstances
1052-21 described by that section occur;
1052-22 (2) on-premises signs in a municipality's
1052-23 extraterritorial jurisdiction in a county that borders a county
1052-24 described by that law; and
1053-1 (3) on-premises signs in the extraterritorial
1053-2 jurisdiction of a municipality with a population of 1.5 million or
1053-3 more that are located in a county that is adjacent to the county in
1053-4 which the majority of the land of the municipality is located.
1053-5 SECTION 30.222. Section 238.002(b), Local Government Code,
1053-6 is amended to conform to Chapter 165, Acts of the 74th Legislature,
1053-7 Regular Session, 1995, to read as follows:
1053-8 (b) The commissioners court may not include in an order
1053-9 adopted under this section a screening requirement for an
1053-10 automotive wrecking and salvage yard or a junkyard that is less
1053-11 restrictive than the screening requirement under Chapter 396,
1053-12 Transportation Code [953, Acts of the 70th Legislature, Regular
1053-13 Session, 1987 (Article 2372dd-1, Vernon's Texas Civil Statutes)].
1053-14 SECTION 30.223. Section 238.003(b), Local Government Code,
1053-15 is amended to conform to Chapter 165, Acts of the 74th Legislature,
1053-16 Regular Session, 1995, to read as follows:
1053-17 (b) A business subject to a screening requirement under
1053-18 Subchapter E of Chapter 391, Chapter 396, or Chapter 397,
1053-19 Transportation Code [Chapter 886, Acts of the 68th Legislature,
1053-20 Regular Session, 1983 (Article 2372dd, Vernon's Texas Civil
1053-21 Statutes), Chapter 953, Acts of the 70th Legislature, Regular
1053-22 Session, 1987 (Article 2372dd-1, Vernon's Texas Civil Statutes), or
1053-23 Section 4.08, Chapter 741, Acts of the 67th Legislature, Regular
1053-24 Session, 1981 (Article 4477-9a, Vernon's Texas Civil Statutes)],
1054-1 that was in compliance with that screening requirement on August
1054-2 26, 1991, is exempt from a screening requirement adopted under this
1054-3 chapter.
1054-4 SECTION 30.224. Section 343.001, Local Government Code, is
1054-5 amended to conform to Chapter 165, Acts of the 74th Legislature,
1054-6 Regular Session, 1995, to read as follows:
1054-7 Sec. 343.001. DEFINITION. In this chapter, "school crossing
1054-8 guard" has the meaning assigned by Section 541.001, Transportation
1054-9 Code [20K, Uniform Act Regulating Traffic on Highways (Article
1054-10 6701d, Vernon's Texas Civil Statutes)].
1054-11 SECTION 30.225. Section 375.091(d), Local Government Code,
1054-12 is amended to conform to Chapter 165, Acts of the 74th Legislature,
1054-13 Regular Session, 1995, to read as follows:
1054-14 (d) A district has those powers conferred by Chapters 365
1054-15 and 441, Transportation Code [Chapter 13, Acts of the 68th
1054-16 Legislature, 2nd Called Session, 1984 (Article 6674r-1, Vernon's
1054-17 Texas Civil Statutes)], and the additional rights, privileges,
1054-18 authority, and functions contained in those chapters [that Act].
1054-19 SECTION 30.226. Section 375.112(a), Local Government Code,
1054-20 is amended to conform to Chapter 165, Acts of the 74th Legislature,
1054-21 Regular Session, 1995, to read as follows:
1054-22 (a) An improvement project or services provided by the
1054-23 district may include the construction, acquisition, improvement,
1054-24 relocation, operation, maintenance, or provision of:
1055-1 (1) landscaping; lighting, banners, and signs; streets
1055-2 and sidewalks; pedestrian skywalks, crosswalks, and tunnels;
1055-3 seawalls; marinas; drainage and navigation improvements; pedestrian
1055-4 malls; solid waste, water, sewer, and power facilities, including
1055-5 electrical, gas, steam, cogeneration, and chilled water facilities;
1055-6 parks, plazas, lakes, rivers, bayous, ponds, and recreation and
1055-7 scenic areas; historic areas; fountains; works of art; off-street
1055-8 parking facilities, bus terminals, heliports, and mass transit
1055-9 systems; and the cost of any demolition in connection with
1055-10 providing any of the improvement projects;
1055-11 (2) other improvements similar to those described in
1055-12 Subdivision (1);
1055-13 (3) the acquisition of real property or any interest
1055-14 in real property in connection with an improvement, project, or
1055-15 services authorized by this chapter, Chapter 54, Water Code, or
1055-16 Chapter 365 or 441, Transportation Code [13, Acts of the 68th
1055-17 Legislature, 2nd Called Session, 1984 (Article 6674r-1, Vernon's
1055-18 Texas Civil Statutes)];
1055-19 (4) special supplemental services for advertising,
1055-20 economic development, promoting the area in the district, health
1055-21 and sanitation, public safety, maintenance, security, business
1055-22 recruitment, development, elimination or relief of traffic
1055-23 congestion, recreation, and cultural enhancement; and
1055-24 (5) expenses incurred in the establishment,
1056-1 administration, maintenance, and operation of the district or any
1056-2 of its improvements, projects, or services.
1056-3 SECTION 30.227. Section 402.072, Local Government Code, is
1056-4 amended to conform to Chapter 165, Acts of the 74th Legislature,
1056-5 Regular Session, 1995, to read as follows:
1056-6 Sec. 402.072. Joint Proceedings. The municipality may make
1056-7 the improvements and assessments provided under this subchapter in
1056-8 conjunction with the street improvements and assessments provided
1056-9 for in Chapter 313, Transportation Code [106, Acts of the 40th
1056-10 Legislature, 1st Called Session, 1927 (Article 1105b, Vernon's
1056-11 Texas Civil Statutes)], through a joint proceeding. If a joint
1056-12 proceeding is conducted, only one hearing is required, and the
1056-13 procedure required under this subchapter controls. The
1056-14 municipality may issue a single assessment certificate against a
1056-15 parcel of benefitted property and its owner in evidence of the
1056-16 total assessment made for all improvements made under this
1056-17 subchapter, including street improvements made in a joint
1056-18 proceeding, if the amount assessed for each class of improvements
1056-19 is set out separately and distinctly in the ordinance under which
1056-20 the assessment is made.
1056-21 SECTION 30.228. Section 411.003(a), Local Government Code,
1056-22 is amended to conform to Chapter 165, Acts of the 74th Legislature,
1056-23 Regular Session, 1995, to read as follows:
1056-24 (a) The commissioners court of a county may contract with
1057-1 the federal soil conservation service, a state soil conservation
1057-2 district, the state extension service, a conservation and
1057-3 reclamation district, a drainage district, a water control and
1057-4 improvement district, a navigation district, a flood control
1057-5 district, a levee improvement district, or a municipality as
1057-6 provided by Section 256.006, Transportation Code [4.103(e), County
1057-7 Road and Bridge Act (Article 6702-1, Vernon's Texas Civil
1057-8 Statutes)], for the purpose of carrying out plans and programs for
1057-9 flood control and soil conservation.
1057-10 SECTION 30.229. Section 113.097(d), Natural Resources Code,
1057-11 is amended to conform to Chapter 165, Acts of the 74th Legislature,
1057-12 Regular Session, 1995, to read as follows:
1057-13 (d) Each category "C," "E," "H," or "J" licensee must carry
1057-14 motor vehicle bodily injury and property damage liability coverage
1057-15 on each motor vehicle, including trailers and semitrailers, used to
1057-16 transport LP-gas. The commission shall establish by rule a
1057-17 reasonable amount of coverage to be maintained, except that
1057-18 coverage shall not be less than the amounts required as evidence
1057-19 [proof] of financial responsibility under Chapter 601,
1057-20 Transportation Code [the Texas Motor Vehicle Safety-Responsibility
1057-21 Act, as amended (Article 6701h, Vernon's Texas Civil Statutes)].
1057-22 SECTION 30.230. Section 113.287(e), Natural Resources Code,
1057-23 is amended to conform to Chapter 165, Acts of the 74th Legislature,
1057-24 Regular Session, 1995, to read as follows:
1058-1 (e) A state agency, county, municipality, school district,
1058-2 or mass transit authority or department is eligible to receive a
1058-3 loan, grant, or other disbursement under this subchapter to carry
1058-4 out an eligible conversion or infrastructure project regarding LPG
1058-5 or another environmentally beneficial fuel to comply with fuel
1058-6 requirements provided by or by rules adopted under:
1058-7 (1) Subchapter F, Chapter 382, Health and Safety Code;
1058-8 (2) Subchapter A, Chapter 2158, Government Code;
1058-9 (3) Subchapter C, Chapter 2171, Government Code;
1058-10 (4) Subchapter G, Chapter 451, Transportation Code;
1058-11 (5) Subchapter F, Chapter 452, Transportation Code; or
1058-12 (6) Subchapter F, Chapter 453, Transportation Code
1058-13 [Sections 3.29 and 14.03, State Purchasing and General Services Act
1058-14 (Article 601b, Vernon's Texas Civil Statutes);]
1058-15 [(3) Sections 14(c)-(g), Chapter 141, Acts of the 63rd
1058-16 Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas
1058-17 Civil Statutes);]
1058-18 [(4) Sections 20(e)-(i), Chapter 683, Acts of the 66th
1058-19 Legislature, 1979 (Article 1118y, Vernon's Texas Civil Statutes);
1058-20 and]
1058-21 [(5) Sections 6(k)-(o), Article 1118z, Revised
1058-22 Statutes].
1058-23 SECTION 30.231. Section 133.003(18), Natural Resources Code,
1058-24 is amended to conform to Chapter 165, Acts of the 74th Legislature,
1059-1 Regular Session, 1995, to read as follows:
1059-2 (18) "Public road or right-of-way" means every way
1059-3 publicly maintained or any part thereof as defined by Section
1059-4 541.302, Transportation Code [13(a), Uniform Act Regulating Traffic
1059-5 on Highways (Article 6701d, Vernon's Texas Civil Statutes)], and
1059-6 the decisions thereunder.
1059-7 SECTION 30.232. Section 12.114(b), Parks and Wildlife Code,
1059-8 is amended to conform to Chapter 165, Acts of the 74th Legislature,
1059-9 Regular Session, 1995, to read as follows:
1059-10 (b) If the person is a resident as defined by Subdivision
1059-11 (1) of Section 42.001 of this code, "driver's license" and
1059-12 "personal identification certificate" have the meanings assigned
1059-13 [provided] by Chapter 521, Transportation Code [Subdivisions (1)
1059-14 and (4), Section 1, Chapter 173, Acts of the 47th Legislature,
1059-15 Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
1059-16 Statutes)].
1059-17 SECTION 30.233. Section 47.001(9), Parks and Wildlife Code,
1059-18 is amended to conform to Chapter 165, Acts of the 74th Legislature,
1059-19 Regular Session, 1995, to read as follows:
1059-20 (9) "Place of business" means a permanent structure on
1059-21 land or a motor vehicle required to be registered under Section
1059-22 502.002, Transportation Code [2, Chapter 88, General Laws, Acts of
1059-23 the 41st Legislature, 2nd Called Session, 1929 (Article 6675a-2,
1059-24 Vernon's Texas Civil Statutes)], where aquatic products or orders
1060-1 for aquatic products are received or where aquatic products are
1060-2 sold or purchased but does not include a boat or any type of
1060-3 floating device, a public cold storage vault, the portion of a
1060-4 structure that is used as a residence, or a vehicle from which no
1060-5 orders are taken or no shipments or deliveries are made other than
1060-6 to the place of business of a licensee in this state.
1060-7 SECTION 30.234. Section 61.201(d), Parks and Wildlife Code,
1060-8 is amended to conform to Chapter 165, Acts of the 74th Legislature,
1060-9 Regular Session, 1995, to read as follows:
1060-10 (d) Property impounded under this section that has not been
1060-11 claimed within the time period specified in Section 683.002,
1060-12 Transportation Code [5.01(2), Chapter 741, Acts of the 67th
1060-13 Legislature, Regular Session, 1981 (Article 4477-9a, Vernon's Texas
1060-14 Civil Statutes)], for disposition of an abandoned automobile is
1060-15 considered abandoned and may be disposed of in the same manner as
1060-16 an abandoned automobile in accordance with Chapter 683 [Article V]
1060-17 of that code [Act].
1060-18 SECTION 30.235. Section 66.014(a), Parks and Wildlife Code,
1060-19 is amended to conform to Chapter 165, Acts of the 74th Legislature,
1060-20 Regular Session, 1995, to read as follows:
1060-21 (a) No person may transport any aquatic product for
1060-22 commercial purposes unless the person clearly identifies the motor
1060-23 vehicle, trailer, or semitrailer as a vehicle that carries aquatic
1060-24 products. The commission shall prescribe by proclamation the
1061-1 identification requirements for a motor vehicle, trailer, or
1061-2 semitrailer transporting aquatic products, and the commission may
1061-3 prescribe that the identification shall list the state of origin of
1061-4 the aquatic products. In this subsection, "motor vehicle,"
1061-5 "trailer," and "semitrailer" ["semitrailer,"] have the meanings
1061-6 assigned [meaning given those terms] by Section 541.201,
1061-7 Transportation Code [the Uniform Act Regulating Traffic on Highways
1061-8 (Article 6701d, Vernon's Texas Civil Statutes)].
1061-9 SECTION 30.236. Section 8.07(a), Penal Code, is amended to
1061-10 conform to Chapter 165, Acts of the 74th Legislature, Regular
1061-11 Session, 1995, to read as follows:
1061-12 (a) A person may not be prosecuted for or convicted of any
1061-13 offense that he committed when younger than 15 years of age except:
1061-14 (1) perjury and aggravated perjury when it appears by
1061-15 proof that he had sufficient discretion to understand the nature
1061-16 and obligation of an oath;
1061-17 (2) a violation of a penal statute cognizable under
1061-18 Chapter 729, Transportation Code [302, Acts of the 55th
1061-19 Legislature, Regular Session, 1957 (Article 6701l-4, Vernon's Texas
1061-20 Civil Statutes)];
1061-21 (3) a violation of a motor vehicle traffic ordinance
1061-22 of an incorporated city or town in this state;
1061-23 (4) a misdemeanor punishable by fine only other than
1061-24 public intoxication;
1062-1 (5) a violation of a penal ordinance of a political
1062-2 subdivision; or
1062-3 (6) a violation of a penal statute that is, or is a
1062-4 lesser included offense of, a capital felony, an aggravated
1062-5 controlled substance felony, or a felony of the first degree for
1062-6 which the person is transferred to the court under Section 54.02,
1062-7 Family Code, for prosecution if the person committed the offense
1062-8 when 14 years of age or older.
1062-9 SECTION 30.237. Sections 31.01(8) and (9), Penal Code, are
1062-10 amended to conform to Chapter 165, Acts of the 74th Legislature,
1062-11 Regular Session, 1995, to read as follows:
1062-12 (8) "Certificate of title" has the meaning assigned by
1062-13 Section 501.002, Transportation Code [24, Certificate of Title Act
1062-14 (Article 6687-1, Vernon's Texas Civil Statutes)].
1062-15 (9) "Used or secondhand motor vehicle" means a used
1062-16 motor vehicle [car], as that term is defined by Section 501.002,
1062-17 Transportation Code [10, Certificate of Title Act (Article 6687-1,
1062-18 Vernon's Texas Civil Statutes)].
1062-19 SECTION 30.238. Section 31.03(c), Penal Code, is amended to
1062-20 conform to Chapter 165, Acts of the 74th Legislature, Regular
1062-21 Session, 1995, to read as follows:
1062-22 (c) For purposes of Subsection (b):
1062-23 (1) evidence that the actor has previously
1062-24 participated in recent transactions other than, but similar to,
1063-1 that which the prosecution is based is admissible for the purpose
1063-2 of showing knowledge or intent and the issues of knowledge or
1063-3 intent are raised by the actor's plea of not guilty;
1063-4 (2) the testimony of an accomplice shall be
1063-5 corroborated by proof that tends to connect the actor to the crime,
1063-6 but the actor's knowledge or intent may be established by the
1063-7 uncorroborated testimony of the accomplice;
1063-8 (3) an actor engaged in the business of buying and
1063-9 selling used or secondhand personal property, or lending money on
1063-10 the security of personal property deposited with him, is presumed
1063-11 to know upon receipt by the actor of stolen property (other than a
1063-12 motor vehicle subject to Chapter 501, Transportation Code [Article
1063-13 6687-1, Vernon's Texas Civil Statutes]) that the property has been
1063-14 previously stolen from another if the actor pays for or loans
1063-15 against the property $25 or more (or consideration of equivalent
1063-16 value) and the actor knowingly or recklessly:
1063-17 (A) fails to record the name, address, and
1063-18 physical description or identification number of the seller or
1063-19 pledgor;
1063-20 (B) fails to record a complete description of
1063-21 the property, including the serial number, if reasonably available,
1063-22 or other identifying characteristics; or
1063-23 (C) fails to obtain a signed warranty from the
1063-24 seller or pledgor that the seller or pledgor has the right to
1064-1 possess the property. It is the express intent of this provision
1064-2 that the presumption arises unless the actor complies with each of
1064-3 the numbered requirements;
1064-4 (4) for the purposes of Subdivision (3)(A),
1064-5 "identification number" means driver's license number, military
1064-6 identification number, identification certificate, or other
1064-7 official number capable of identifying an individual;
1064-8 (5) stolen property does not lose its character as
1064-9 stolen when recovered by any law enforcement agency;
1064-10 (6) an actor engaged in the business of obtaining
1064-11 abandoned or wrecked motor vehicles or parts of an abandoned or
1064-12 wrecked motor vehicle for resale, disposal, scrap, repair,
1064-13 rebuilding, demolition, or other form of salvage is presumed to
1064-14 know on receipt by the actor of stolen property that the property
1064-15 has been previously stolen from another if the actor knowingly or
1064-16 recklessly:
1064-17 (A) fails to maintain an accurate and legible
1064-18 inventory of each motor vehicle component part purchased by or
1064-19 delivered to the actor, including the date of purchase or delivery,
1064-20 the name, age, address, sex, and driver's license number of the
1064-21 seller or person making the delivery, the license plate number of
1064-22 the motor vehicle in which the part was delivered, a complete
1064-23 description of the part, and the vehicle identification number of
1064-24 the motor vehicle from which the part was removed, or in lieu of
1065-1 maintaining an inventory, fails to record the name and certificate
1065-2 of inventory number of the person who dismantled the motor vehicle
1065-3 from which the part was obtained;
1065-4 (B) fails on receipt of a motor vehicle to
1065-5 obtain a certificate of authority, sales receipt, or transfer
1065-6 document as required by [Article V, Section 1,] Chapter 683,
1065-7 Transportation Code [741, Acts of the 67th Legislature, Regular
1065-8 Session, 1981 (Article 4477-9a, Vernon's Texas Civil Statutes)], or
1065-9 a certificate of title showing that the motor vehicle is not
1065-10 subject to a lien or that all recorded liens on the motor vehicle
1065-11 have been released; or
1065-12 (C) fails on receipt of a motor vehicle to
1065-13 immediately remove an unexpired license plate from the motor
1065-14 vehicle, to keep the plate in a secure and locked place, or to
1065-15 maintain an inventory, on forms provided by the Texas Department of
1065-16 Transportation, of license plates kept under this paragraph,
1065-17 including for each plate or set of plates the license plate number
1065-18 and the make, motor number, and vehicle identification number of
1065-19 the motor vehicle from which the plate was removed;
1065-20 (7) an actor who purchases or receives a used or
1065-21 secondhand motor vehicle is presumed to know on receipt by the
1065-22 actor of the motor vehicle that the motor vehicle has been
1065-23 previously stolen from another if the actor knowingly or
1065-24 recklessly:
1066-1 (A) fails to report to the Texas Department of
1066-2 Transportation the failure of the person who sold or delivered the
1066-3 motor vehicle to the actor to deliver to the actor a properly
1066-4 executed certificate of title to the motor vehicle at the time the
1066-5 motor vehicle was delivered; or
1066-6 (B) fails to file with the county tax
1066-7 assessor-collector of the county in which the actor received the
1066-8 motor vehicle, not later than the 20th day after the date the actor
1066-9 received the motor vehicle, the registration license receipt and
1066-10 certificate of title or evidence of title delivered to the actor in
1066-11 accordance with Subchapter D [Section 2], Chapter 520,
1066-12 Transportation Code [364, Acts of the 50th Legislature, Regular
1066-13 Session, 1947 (Article 6687-6, Vernon's Texas Civil Statutes)], at
1066-14 the time the motor vehicle was delivered; and
1066-15 (8) an actor who purchases or receives from any source
1066-16 other than a licensed retailer or distributor of pesticides a
1066-17 restricted-use pesticide or a state-limited-use pesticide or a
1066-18 compound, mixture, or preparation containing a restricted-use or
1066-19 state-limited-use pesticide is presumed to know on receipt by the
1066-20 actor of the pesticide or compound, mixture, or preparation that
1066-21 the pesticide or compound, mixture, or preparation has been
1066-22 previously stolen from another if the actor:
1066-23 (A) fails to record the name, address, and
1066-24 physical description of the seller or pledgor;
1067-1 (B) fails to record a complete description of
1067-2 the amount and type of pesticide or compound, mixture, or
1067-3 preparation purchased or received; and
1067-4 (C) fails to obtain a signed warranty from the
1067-5 seller or pledgor that the seller or pledgor has the right to
1067-6 possess the property.
1067-7 SECTION 30.239. Section 31.11(e), Penal Code, is amended to
1067-8 conform to Chapter 165, Acts of the 74th Legislature, Regular
1067-9 Session, 1995, to read as follows:
1067-10 (e) In this section, "vehicle" has the meaning given by
1067-11 Section 541.201, Transportation Code [2, Uniform Act Regulating
1067-12 Traffic on Highways (Article 6701d, Vernon's Texas Civil
1067-13 Statutes)].
1067-14 SECTION 30.240. Section 38.04(c), Penal Code, is amended to
1067-15 conform to Chapter 165, Acts of the 74th Legislature, Regular
1067-16 Session, 1995, to read as follows:
1067-17 (c) In this section, "vehicle" has the meaning assigned by
1067-18 Section 541.201, Transportation Code [2, Uniform Act Regulating
1067-19 Traffic on Highways (Article 6701d, Vernon's Texas Civil
1067-20 Statutes)].
1067-21 SECTION 30.241. Section 38.15(c), Penal Code, is amended to
1067-22 conform to Chapter 165, Acts of the 74th Legislature, Regular
1067-23 Session, 1995, to read as follows:
1067-24 (c) It is a defense to prosecution under Subsection (a)(1)
1068-1 that the conduct engaged in by the defendant was intended to warn a
1068-2 person operating a motor vehicle of the presence of a peace officer
1068-3 who was enforcing Subtitle C, Title 7, Transportation Code [the
1068-4 provisions of the Uniform Act Regulating Traffic on Highways
1068-5 (Article 6701d, Vernon's Texas Civil Statutes)].
1068-6 SECTION 30.242. Section 48.01(a), Penal Code, is amended to
1068-7 conform to Chapter 165, Acts of the 74th Legislature, Regular
1068-8 Session, 1995, to read as follows:
1068-9 (a) A person commits an offense if he is in possession of a
1068-10 burning tobacco product or smokes tobacco in a facility of a public
1068-11 primary or secondary school or an elevator, enclosed theater or
1068-12 movie house, library, museum, hospital, transit system bus, or
1068-13 intrastate bus, as defined by Section 541.201, Transportation Code
1068-14 [4(b) of the Uniform Act Regulating Traffic on Highways (Article
1068-15 6701d, Vernon's Texas Civil Statutes)], plane, or train which is a
1068-16 public place.
1068-17 SECTION 30.243. Section 322, Texas Probate Code, is amended
1068-18 to conform to Chapter 165, Acts of the 74th Legislature, Regular
1068-19 Session, 1995, to read as follows:
1068-20 Sec. 322. Classification of Claims Against Estates of
1068-21 Decedent. Claims against an estate of a decedent shall be
1068-22 classified and have priority of payment, as follows:
1068-23 Class 1. Funeral expenses and expenses of last
1068-24 sickness for a reasonable amount to be approved by the court, not
1069-1 to exceed Five Thousand Dollars, with any excess to be classified
1069-2 and paid as other unsecured claims.
1069-3 Class 2. Expenses of administration and expenses
1069-4 incurred in the preservation, safekeeping, and management of the
1069-5 estate.
1069-6 Class 3. Secured claims for money under Section
1069-7 306(a)(1), including tax liens, so far as the same can be paid out
1069-8 of the proceeds of the property subject to such mortgage or other
1069-9 lien, and when more than one mortgage, lien, or security interest
1069-10 shall exist upon the same property, they shall be paid in order of
1069-11 their priority.
1069-12 Class 4. Claims for taxes, penalties, and interest due
1069-13 under Title 2, Tax Code; Chapter 8, Title 132, Revised Statutes;
1069-14 Section 81.111, Natural Resources Code; the Municipal Sales and Use
1069-15 Tax Act (Chapter 321, Tax Code); Section 451.404, Transportation
1069-16 Code [11B, Chapter 141, Acts of the 63rd Legislature, Regular
1069-17 Session, 1973 (Article 1118x, Vernon's Texas Civil Statutes)]; or
1069-18 Subchapter I, Chapter 452, Transportation Code [Section 16, Chapter
1069-19 683, Acts of the 66th Legislature, Regular Session, 1979 (Article
1069-20 1118y, Vernon's Texas Civil Statutes)].
1069-21 Class 5. Claims for the cost of confinement
1069-22 established by the institutional division of the Texas Department
1069-23 of Criminal Justice under Section 501.017, Government Code.
1069-24 Class 6. Claims for repayment of medical assistance
1070-1 payments made by the state under Chapter 32, Human Resources Code,
1070-2 to or for the benefit of the decedent.
1070-3 Class 7. All other claims.
1070-4 SECTION 30.244. Section 21.042(e), Property Code, is amended
1070-5 to conform to Chapter 165, Acts of the 74th Legislature, Regular
1070-6 Session, 1995, to read as follows:
1070-7 (e) If a portion of a tract or parcel of real property is
1070-8 condemned for the use, construction, operation, or maintenance of
1070-9 the state highway system or of a county toll project described by
1070-10 Chapter 284, Transportation Code [304, Acts of the 50th
1070-11 Legislature, Regular Session, 1947 (Article 6795b-1, Vernon's Texas
1070-12 Civil Statutes)], that is eligible for designation as part of the
1070-13 state highway system, or for the use, construction, development,
1070-14 operation, or maintenance of an improvement or project by a
1070-15 metropolitan rapid transit authority created before January 1,
1070-16 1980, with a principal municipality [city] having a population of
1070-17 less than 1,200,000 and established under Chapter 451,
1070-18 Transportation Code [141, Acts of the 63rd Legislature, Regular
1070-19 Session, 1973 (Article 1118x, Vernon's Texas Civil Statutes)], the
1070-20 special commissioners shall determine the damage to the property
1070-21 owner regardless of whether the property owner makes a claim for
1070-22 damages to the remaining property. In awarding compensation or
1070-23 assessing the damages, the special commissioners shall consider any
1070-24 special and direct benefits that arise from the highway improvement
1071-1 or the transit authority improvement or project that are peculiar
1071-2 to the property owner and that relate to the property owner's
1071-3 ownership, use, or enjoyment of the particular parcel of remaining
1071-4 real property.
1071-5 SECTION 30.245. Section 42.002(b), Property Code, is amended
1071-6 to conform to Chapter 165, Acts of the 74th Legislature, Regular
1071-7 Session, 1995, to read as follows:
1071-8 (b) Personal property, unless precluded from being
1071-9 encumbered by other law, may be encumbered by a security interest
1071-10 under Section 9.203, Business & Commerce Code, or Subchapter F,
1071-11 Chapter 501, Transportation Code [Sections 41 and 42, Certificate
1071-12 of Title Act (Article 6687-1, Vernon's Texas Civil Statutes)], or
1071-13 by a lien fixed by other law, and the security interest or lien may
1071-14 not be avoided on the ground that the property is exempt under this
1071-15 chapter.
1071-16 SECTION 30.246. Section 61.001(2), Property Code, is amended
1071-17 to conform to Chapter 165, Acts of the 74th Legislature, Regular
1071-18 Session, 1995, to read as follows:
1071-19 (2) "Mortgagee" means a secured party, as defined by
1071-20 Section 9.105, Business & Commerce Code, holding a lien on a motor
1071-21 vehicle that has been perfected pursuant to Subchapter F, Chapter
1071-22 501, Transportation Code [Sections 41 and 42, Certificate of Title
1071-23 Act (Article 6687-1, Vernon's Texas Civil Statutes)].
1071-24 SECTION 30.247. Section 70.005(a), Property Code, is amended
1072-1 to conform to Chapter 165, Acts of the 74th Legislature, Regular
1072-2 Session, 1995, to read as follows:
1072-3 (a) A person holding a lien under this subchapter on
1072-4 property other than a motor vehicle subject to Chapter 501,
1072-5 Transportation Code [the Certificate of Title Act, as amended
1072-6 (Article 6687-1, Vernon's Texas Civil Statutes)], who retains
1072-7 possession of the property for 60 days after the day that the
1072-8 charges accrue shall request the owner to pay the unpaid charges
1072-9 due if the owner's residence is in this state and known. If the
1072-10 charges are not paid before the 11th day after the day of the
1072-11 request, the lienholder may, after 20 days' notice, sell the
1072-12 property at a public sale, or if the lien is on a garment, at a
1072-13 public or private sale.
1072-14 SECTION 30.248. Section 70.006(a), Property Code, is amended
1072-15 to conform to Chapter 165, Acts of the 74th Legislature, Regular
1072-16 Session, 1995, to read as follows:
1072-17 (a) A holder of a lien under this subchapter on a motor
1072-18 vehicle subject to Chapter 501, Transportation Code [the
1072-19 Certificate of Title Act, as amended (Article 6687-1, Vernon's
1072-20 Texas Civil Statutes)], or on a motorboat, vessel, or outboard
1072-21 motor for which a certificate of title is required under Subchapter
1072-22 B, Chapter 31, Parks and Wildlife Code, as amended, who retains
1072-23 possession of the vehicle, motorboat, vessel, or outboard motor for
1072-24 30 days after the day that the charges accrue shall give written
1073-1 notice to the owner and each holder of a lien recorded on the
1073-2 certificate of title. The notice must be sent by certified mail
1073-3 with return receipt requested and must include the amount of the
1073-4 charges and a request for payment.
1073-5 SECTION 30.249. Section 23.121(a)(3), Tax Code, is amended
1073-6 to conform to Chapter 165, Acts of the 74th Legislature, Regular
1073-7 Session, 1995, to read as follows:
1073-8 (3) "Dealer" means a person who holds a dealer's
1073-9 general distinguishing number issued by the Texas Department of
1073-10 Transportation under the authority of Chapter 503, Transportation
1073-11 Code [Article 6686, Revised Statutes], or is authorized by law or
1073-12 interstate reciprocity agreement to purchase vehicles in Texas
1073-13 without paying the motor vehicle sales tax. The term does not
1073-14 include:
1073-15 (A) a person who holds a manufacturer's license
1073-16 issued by the Motor Vehicle Board of the Texas Department of
1073-17 Transportation;
1073-18 (B) an entity that is owned or controlled by a
1073-19 person who holds a manufacturer's license issued by the Motor
1073-20 Vehicle Board of the Texas Department of Transportation; or
1073-21 (C) a dealer whose general distinguishing number
1073-22 issued by the Texas Department of Transportation under the
1073-23 authority of Chapter 503, Transportation Code [Article 6686,
1073-24 Revised Statutes], prohibits the dealer from selling a vehicle to
1074-1 any person except a dealer.
1074-2 SECTION 30.250. Section 151.428(d), Tax Code, is amended to
1074-3 conform to Chapter 165, Acts of the 74th Legislature, Regular
1074-4 Session, 1995, to read as follows:
1074-5 (d) The payments required by this section are in addition to
1074-6 other taxes imposed by this chapter, Chapter 321 of this code,
1074-7 Subchapter I [Section 11B], Chapter 451, Transportation Code [141,
1074-8 Acts of the 63rd Legislature, Regular Session, 1973, as amended
1074-9 (Article 1118x, Vernon's Texas Civil Statutes)], and Subchapter I
1074-10 [Section 16], Chapter 452, Transportation Code [683, Acts of the
1074-11 66th Legislature, Regular Session, 1979, as amended (Article 1118y,
1074-12 Vernon's Texas Civil Statutes)].
1074-13 SECTION 30.251. Sections 152.001(2), (3), (4), and (15), Tax
1074-14 Code, are amended to conform to Chapter 165, Acts of the 74th
1074-15 Legislature, Regular Session, 1995, to read as follows:
1074-16 (2) "Retail sale" means a sale of a motor vehicle
1074-17 except:
1074-18 (A) a sale in which the purchaser is a dealer
1074-19 who holds a general distinguishing number issued under Chapter 503,
1074-20 Transportation Code [pursuant to the terms of Article 6686, Revised
1074-21 Statutes], who acquires a vehicle for the exclusive purpose of
1074-22 resale; or
1074-23 (B) a sale of a vehicle that is operated under
1074-24 and in accordance with Chapter 503, Transportation Code [Article
1075-1 6686, Revised Civil Statutes of Texas, 1925, as amended].
1075-2 (3) "Motor Vehicle" includes:
1075-3 (A) a self-propelled vehicle designed to
1075-4 transport persons or property on a public highway;
1075-5 (B) a trailer and semitrailer, including a van,
1075-6 flatbed, tank, dumpster, dolly, jeep, stinger, auxiliary axle, or
1075-7 converter gear; and
1075-8 (C) a house trailer as defined by Section
1075-9 501.002, Transportation Code [the Certificate of Title Act (Article
1075-10 6687-1, Vernon's Texas Civil Statutes)].
1075-11 (4) "Motor Vehicle" does not include:
1075-12 (A) a device moved only by human power;
1075-13 (B) a device used exclusively on stationary
1075-14 rails or tracks;
1075-15 (C) road-building machinery;
1075-16 (D) a mobile office;
1075-17 (E) a vehicle with respect to which the
1075-18 certificate of title has been surrendered in exchange for:
1075-19 (i) a salvage certificate issued under
1075-20 Chapter 501, Transportation Code [pursuant to the Certificate of
1075-21 Title Act (Article 6687-1, Vernon's Texas Civil Statutes)];
1075-22 (ii) a certificate of authority issued
1075-23 under [pursuant to Article V,] Chapter 683, Transportation Code
1075-24 [741, Acts of the 67th Legislature, Regular Session, 1981 (Article
1076-1 4477-9a, Vernon's Texas Civil Statutes)];
1076-2 (iii) a nonrepairable motor vehicle
1076-3 certificate of title issued under Subchapter E, Chapter 501,
1076-4 Transportation Code [pursuant to Section 37A, Certificate of Title
1076-5 Act (Article 6687-1, Vernon's Texas Civil Statutes), as added by
1076-6 H.B. No. 2151, Acts of the 74th Legislature, Regular Session,
1076-7 1995];
1076-8 (iv) an ownership document issued by
1076-9 another state if the document is comparable to a document issued
1076-10 pursuant to Subparagraph (i), (ii), or (iii); or
1076-11 (F) a vehicle that has been declared a total
1076-12 loss by an insurance company pursuant to the settlement or
1076-13 adjustment of a claim.
1076-14 (15) "Seller-financed sale" means a retail sale of a
1076-15 motor vehicle by a dealer licensed under Chapter 503,
1076-16 Transportation Code [Article 6686, Revised Statutes], in which the
1076-17 seller collects all or part of the total consideration in periodic
1076-18 payments and retains a lien on the motor vehicle until all payments
1076-19 have been received. The term does not include a:
1076-20 (A) retail sale of a motor vehicle in which a
1076-21 person other than the seller provides the consideration for the
1076-22 sale and retains a lien on the motor vehicle as collateral;
1076-23 (B) lease; or
1076-24 (C) rental.
1077-1 SECTION 30.252. Section 152.027(a), Tax Code, is amended to
1077-2 conform to Chapter 165, Acts of the 74th Legislature, Regular
1077-3 Session, 1995, to read as follows:
1077-4 (a) A use tax is imposed on each person to whom is issued a
1077-5 metal dealer's plate authorized by Chapter 503, Transportation Code
1077-6 [Article 6686, Revised Civil Statutes of Texas, 1925, as amended].
1077-7 SECTION 30.253. Section 152.0411(e), Tax Code, is amended to
1077-8 conform to Chapter 165, Acts of the 74th Legislature, Regular
1077-9 Session, 1995, to read as follows:
1077-10 (e) This section applies only to a sale in which the seller
1077-11 is a motor vehicle dealer who holds a dealer license issued under
1077-12 Chapter 503, Transportation Code [pursuant to the authority of
1077-13 Article 6686, Revised Statutes], or the Texas Motor Vehicle
1077-14 Commission Code (Article 4413(36), Vernon's Texas Civil Statutes).
1077-15 SECTION 30.254. Section 152.043, Tax Code, is amended to
1077-16 conform to Chapter 165, Acts of the 74th Legislature, Regular
1077-17 Session, 1995, to read as follows:
1077-18 Sec. 152.043. Collection of Tax on Motor Vehicles Operated
1077-19 by Nonresidents. A person doing business in this state who
1077-20 registers a motor vehicle under Section 502.054, Transportation
1077-21 Code [14, Chapter 110, Acts of the 47th Legislature, Regular
1077-22 Session, 1941 (Article 6675a-16, Vernon's Texas Civil Statutes)],
1077-23 shall pay the tax imposed by Section 152.022 of this code to the
1077-24 comptroller on or before the day the motor vehicle is brought into
1078-1 Texas.
1078-2 SECTION 30.255. Section 152.061(b), Tax Code, is amended to
1078-3 conform to Chapter 165, Acts of the 74th Legislature, Regular
1078-4 Session, 1995, to read as follows:
1078-5 (b) A rental certificate may be furnished by:
1078-6 (1) a dealer licensed under Chapter 503,
1078-7 Transportation Code [Article 6686, Revised Civil Statutes of Texas,
1078-8 1925, as amended]; or
1078-9 (2) the owner if the vehicle is for use in a rental
1078-10 business that rents at least five different motor vehicles within
1078-11 any 12-month period.
1078-12 SECTION 30.256. Section 152.081, Tax Code, is amended to
1078-13 conform to Chapter 165, Acts of the 74th Legislature, Regular
1078-14 Session, 1995, to read as follows:
1078-15 Sec. 152.081. Driver Training Motor Vehicles. The taxes
1078-16 imposed by this chapter do not apply to the sale or use of a motor
1078-17 vehicle that is:
1078-18 (1) owned by a motor vehicle dealer as defined by
1078-19 Section 503.001, Transportation Code [Article 6686(a), Revised
1078-20 Civil Statutes of Texas, 1925, as amended];
1078-21 (2) purchased in this state; and
1078-22 (3) loaned free of charge by the dealer to a public
1078-23 school for use in an approved standard driver training course.
1078-24 SECTION 30.257. Section 152.082, Tax Code, is amended to
1079-1 conform to Chapter 165, Acts of the 74th Legislature, Regular
1079-2 Session, 1995, to read as follows:
1079-3 Sec. 152.082. Sale of Motor Vehicle to or Use of Motor
1079-4 Vehicle by Public Agency. The taxes imposed by this chapter do not
1079-5 apply to the sale of a motor vehicle to or use of a motor vehicle
1079-6 by a public agency if the motor vehicle is operated with an exempt
1079-7 license plate issued under Section 502.201 or 502.206,
1079-8 Transportation Code [3-AA, Chapter 88, General Laws, Acts of the
1079-9 41st Legislature, 2nd Called Session, 1929, as amended (Article
1079-10 6675a-3aa, Vernon's Texas Civil Statutes)].
1079-11 SECTION 30.258. Section 152.083(b), Tax Code, is amended to
1079-12 conform to Chapter 165, Acts of the 74th Legislature, Regular
1079-13 Session, 1995, to read as follows:
1079-14 (b) This exemption applies only if the person purchasing the
1079-15 motor vehicle to be leased presents the tax assessor-collector a
1079-16 form prescribed and provided by the comptroller and showing:
1079-17 (1) the identification of the motor vehicle;
1079-18 (2) the name and address of the lessor and the lessee;
1079-19 and
1079-20 (3) verification by an officer of the public agency to
1079-21 which the motor vehicle will be leased that the agency will operate
1079-22 the vehicle with an exempt license plate issued under Section
1079-23 502.201 or 502.206, Transportation Code [3-AA, Chapter 88, General
1079-24 Laws, Acts of the 41st Legislature, 2nd Called Session, 1929, as
1080-1 amended (Article 6675a-3aa, Vernon's Texas Civil Statutes)].
1080-2 SECTION 30.259. Section 152.087, Tax Code, is amended to
1080-3 conform to Chapter 165, Acts of the 74th Legislature, Regular
1080-4 Session, 1995, to read as follows:
1080-5 Sec. 152.087. Fire Trucks and Emergency Medical Services
1080-6 Vehicles. The taxes imposed by this chapter do not apply to the
1080-7 purchase, rental, or use of a fire truck, emergency medical
1080-8 services vehicle as defined by Section 773.003, Health and Safety
1080-9 Code, or other motor vehicle used exclusively for fire-fighting
1080-10 purposes or for emergency medical services when purchased by:
1080-11 (1) a volunteer fire department;
1080-12 (2) a nonprofit emergency medical service provider
1080-13 that receives a federal income tax exemption under Section 501(a),
1080-14 Internal Revenue Code of 1986, as an organization described by
1080-15 Section 501(c)(3), Internal Revenue Code of 1986; or
1080-16 (3) an emergency medical service provider to which
1080-17 Section 502.204, Transportation Code [3(g), Chapter 88, General
1080-18 Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
1080-19 (Article 6675a-3, Vernon's Texas Civil Statutes)], applies.
1080-20 SECTION 30.260. Section 152.121(c), Tax Code, is amended to
1080-21 conform to Chapter 165, Acts of the 74th Legislature, Regular
1080-22 Session, 1995, to read as follows:
1080-23 (c) If the amount of net collections under Chapter 502,
1080-24 Transportation Code [88, General Laws, Acts of the 41st
1081-1 Legislature, 2nd Called Session, 1929 (Article 6675a-1 et seq.,
1081-2 Vernon's Texas Civil Statutes)], is insufficient to cover the
1081-3 amount of those net collections authorized to be retained by a
1081-4 county as a percentage of the tax and penalties collected under
1081-5 this chapter, the comptroller shall on request of the county tax
1081-6 assessor-collector authorize the county to retain a portion of the
1081-7 tax and penalties collected under this chapter to cover the
1081-8 deficiency.
1081-9 SECTION 30.261. Section 153.305(d), Tax Code, is amended to
1081-10 conform to Chapter 165, Acts of the 74th Legislature, Regular
1081-11 Session, 1995, to read as follows:
1081-12 (d) An entity holding a [valid] registration under Chapter
1081-13 503, Transportation Code [Article 6686, Revised Civil Statutes of
1081-14 Texas, 1925, as amended], may obtain a decal for each liquefied
1081-15 gas-powered motor vehicle held for sale or resale and pay the tax
1081-16 per gallon to a permitted dealer on each delivery of liquefied gas
1081-17 into the fuel supply tank of the motor vehicle.
1081-18 SECTION 30.262. Section 154.001(3), Tax Code, is amended to
1081-19 conform to the revision of Article 6675c, Revised Statutes, as
1081-20 Chapter 643, Transportation Code, by this Act to read as follows:
1081-21 (3) "Common carrier" means a motor carrier registered
1081-22 under Chapter 643, Transportation Code [Article 6675c, Revised
1081-23 Statutes], or a motor carrier operating under a certificate issued
1081-24 by the Interstate Commerce Commission or a successor agency to the
1082-1 Interstate Commerce Commission.
1082-2 SECTION 30.263. Section 155.001(3), Tax Code, is amended to
1082-3 conform to the revision of Article 6675c, Revised Statutes, as
1082-4 Chapter 643, Transportation Code, by this Act to read as follows:
1082-5 (3) "Common carrier" means a motor carrier registered
1082-6 under Chapter 643, Transportation Code [Article 6675c, Revised
1082-7 Statutes], or a motor carrier operating under a certificate issued
1082-8 by the Interstate Commerce Commission or a successor agency to the
1082-9 Interstate Commerce Commission.
1082-10 SECTION 30.264. Sections 321.101(b), (c), and (e), Tax Code,
1082-11 are amended to conform to Chapter 165, Acts of the 74th
1082-12 Legislature, Regular Session, 1995, to read as follows:
1082-13 (b) A municipality that is not disqualified may, by a
1082-14 majority vote of the qualified voters of the municipality voting at
1082-15 an election held for that purpose, adopt an additional sales and
1082-16 use tax for the benefit of the municipality in accordance with this
1082-17 chapter. A municipality is disqualified from adopting the
1082-18 additional sales and use tax if the municipality:
1082-19 (1) is included within the boundaries of a rapid
1082-20 transit authority created under Chapter 451, Transportation Code
1082-21 [141, Acts of the 63rd Legislature, Regular Session, 1973 (Article
1082-22 1118x, Vernon's Texas Civil Statutes)];
1082-23 (2) is included within the boundaries of a regional
1082-24 transportation authority created under Chapter 452, Transportation
1083-1 Code [683, Acts of the 66th Legislature, Regular Session, 1979
1083-2 (Article 1118y, Vernon's Texas Civil Statutes)], by a principal
1083-3 municipality [city] having a population of less than 800,000,
1083-4 unless the municipality [city] has a population of 400,000 or more
1083-5 and is located in more than one county;
1083-6 (3) is wholly or partly located in a county that
1083-7 contains territory within the boundaries of a regional
1083-8 transportation authority created under Chapter 452, Transportation
1083-9 Code [683, Acts of the 66th Legislature, Regular Session, 1979
1083-10 (Article 1118y, Vernon's Texas Civil Statutes)], by a principal
1083-11 municipality [city] having a population in excess of 800,000,
1083-12 unless:
1083-13 (A) the municipality [city] is a contiguous
1083-14 municipality [city]; or
1083-15 (B) the municipality is not included within the
1083-16 boundaries of the authority and is located wholly or partly in a
1083-17 county in which fewer than 250 persons are residents of both the
1083-18 county and the authority according to the most recent federal
1083-19 census; or
1083-20 (C) the municipality is not and on January 1,
1083-21 1993, was not included within the boundaries of the authority; or
1083-22 (4) imposes a tax authorized by Chapter 453,
1083-23 Transportation Code [Article 1118z, Revised Statutes].
1083-24 (c) For the purposes of Subsection (b), "principal
1084-1 municipality [city]" and "contiguous municipality [city]" have the
1084-2 meanings assigned by Section 452.001, Transportation Code [Chapter
1084-3 683, Acts of the 66th Legislature, Regular Session, 1979 (Article
1084-4 1118y, Vernon's Texas Civil Statutes)].
1084-5 (e) An authority created under Chapter 451 [141, Acts of the
1084-6 63rd Legislature, Regular Session, 1973 (Article 1118x, Vernon's
1084-7 Texas Civil Statutes),] or 452, Transportation Code [Chapter 683,
1084-8 Acts of the 66th Legislature, Regular Session, 1979 (Article 1118y,
1084-9 Vernon's Texas Civil Statutes)], is prohibited from imposing the
1084-10 tax provided for by [in] those chapters [Acts] if within the
1084-11 boundaries of the authority there is a municipality that has
1084-12 adopted the additional sales and use tax provided for by [in] this
1084-13 section.
1084-14 SECTION 30.265. Sections 321.1025(a) and (b), Tax Code, are
1084-15 amended to conform to Chapter 165, Acts of the 74th Legislature,
1084-16 Regular Session, 1995, to read as follows:
1084-17 (a) A municipality that is wholly or partly located in a
1084-18 county that contains territory within the boundaries of a regional
1084-19 transportation authority created under Chapter 452, Transportation
1084-20 Code [683, Acts of the 66th Legislature, 1979 (Article 1118y,
1084-21 Vernon's Texas Civil Statutes)], by a principal municipality [city]
1084-22 having a population of more than 800,000 and that has adopted an
1084-23 additional sales and use tax for the benefit of the municipality
1084-24 may hold an election on the question of whether the municipality
1085-1 shall be annexed to the authority.
1085-2 (b) The election must be held in the manner required by
1085-3 Chapter 452, Transportation Code [683, Acts of the 66th
1085-4 Legislature, 1979 (Article 1118y, Vernon's Texas Civil Statutes)].
1085-5 SECTION 30.266. Section 322.001(a), Tax Code, is amended to
1085-6 conform to Chapter 165, Acts of the 74th Legislature, Regular
1085-7 Session, 1995, to read as follows:
1085-8 (a) This chapter applies to the imposition, assessment,
1085-9 collection, administration, and enforcement of a sales and use tax
1085-10 imposed under [the authority of] Chapter 451, 452, or 453,
1085-11 Transportation Code [141, Acts of the 63rd Legislature, Regular
1085-12 Session, 1973 (Article 1118x, Vernon's Texas Civil Statutes),
1085-13 Chapter 683, Acts of the 66th Legislature, Regular Session, 1979
1085-14 (Article 1118y, Vernon's Texas Civil Statutes), or Article 1118z,
1085-15 Revised Statutes].
1085-16 SECTION 30.267. Section 322.002(1), Tax Code, is amended to
1085-17 conform to Chapter 165, Acts of the 74th Legislature, Regular
1085-18 Session, 1995, to read as follows:
1085-19 (1) "Taxing entity" means a rapid transit authority, a
1085-20 regional transit authority, including a subregional transportation
1085-21 authority, or a municipal mass transit department created under
1085-22 Chapter 453, Transportation Code [Article 1118z, Revised Statutes],
1085-23 that has adopted a sales and use tax under the law authorizing the
1085-24 creation of the entity.
1086-1 SECTION 30.268. Section 322.108(b), Tax Code, is amended to
1086-2 conform to Chapter 165, Acts of the 74th Legislature, Regular
1086-3 Session, 1995, to read as follows:
1086-4 (b) The provisions of this chapter applicable to a taxing
1086-5 entity created under Chapter 453, Transportation Code [Article
1086-6 1118z, Revised Statutes], prevail over any inconsistent provision
1086-7 in a statute listed in Subsection (a).
1086-8 SECTION 30.269. Section 322.110(a), Tax Code, is amended to
1086-9 conform to Chapter 165, Acts of the 74th Legislature, Regular
1086-10 Session, 1995, to read as follows:
1086-11 (a) The receipts from the sale, use, or rental of and the
1086-12 storage, use, or consumption of taxable items in this state are
1086-13 exempt from the tax imposed under this chapter by a taxing entity
1086-14 created under Chapter 453, Transportation Code [Article 1118z,
1086-15 Revised Statutes], if the items are used:
1086-16 (1) for the performance of a written contract entered
1086-17 into before the date the tax takes effect in the taxing entity, if
1086-18 the contract is not subject to change or modification by reason of
1086-19 the tax; or
1086-20 (2) pursuant to an obligation of a bid or bids
1086-21 submitted before the date the tax takes effect in the taxing
1086-22 entity, if the bid or bids may not be withdrawn, modified, or
1086-23 changed by reason of the tax.
1086-24 SECTION 30.270. Section 322.302(b), Tax Code, is amended to
1087-1 conform to Chapter 165, Acts of the 74th Legislature, Regular
1087-2 Session, 1995, to read as follows:
1087-3 (b) The comptroller shall make payments required by
1087-4 Subsection (a) of this section to entities created under Chapter
1087-5 451 [141, Acts of the 63rd Legislature, Regular Session, 1973
1087-6 (Article 1118x, Vernon's Texas Civil Statutes),] or 452,
1087-7 Transportation Code [Chapter 683, Acts of the 66th Legislature,
1087-8 1979 (Article 1118y, Vernon's Texas Civil Statutes)], quarterly
1087-9 each fiscal year as soon as practicable after the end of each
1087-10 quarter.
1087-11 SECTION 30.271. Section 322.304(c), Tax Code, is amended to
1087-12 conform to Chapter 165, Acts of the 74th Legislature, Regular
1087-13 Session, 1995, to read as follows:
1087-14 (c) Before the expiration of one year after the effective
1087-15 date of the abolition of an entity's tax under this chapter other
1087-16 than a department under Chapter 453, Transportation Code [Article
1087-17 1118z, Revised Statutes], the comptroller shall send to the entity
1087-18 the remainder of the money in the entity's account and shall close
1087-19 the account.
1087-20 SECTION 30.272. Sections 323.101(b) and (c), Tax Code, are
1087-21 amended to conform to Chapter 165, Acts of the 74th Legislature,
1087-22 Regular Session, 1995, to read as follows:
1087-23 (b) A county is qualified to adopt the tax only if no part
1087-24 of the county is located in a rapid transit authority created under
1088-1 Chapter 451, Transportation Code [141, Acts of the 63rd
1088-2 Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas
1088-3 Civil Statutes)], or a regional transportation authority created
1088-4 under Chapter 452 of that code [683, Acts of the 66th Legislature,
1088-5 Regular Session, 1979 (Article 1118y, Vernon's Texas Civil
1088-6 Statutes)].
1088-7 (c) An authority created under Chapter 451 [141, Acts of the
1088-8 63rd Legislature, Regular Session, 1973 (Article 1118x, Vernon's
1088-9 Texas Civil Statutes),] or 452, Transportation Code [Chapter 683,
1088-10 Acts of the 66th Legislature, Regular Session, 1979 (Article 1118y,
1088-11 Vernon's Texas Civil Statutes)], is prohibited from imposing the
1088-12 tax provided for by [in] those chapters [Acts] in a county in which
1088-13 the county sales and use tax provided for by [in] this section is
1088-14 in effect or is scheduled to take effect. For the purposes of this
1088-15 section, an authority is not considered to be located in any county
1088-16 in which fewer than 250 persons are both residents of the authority
1088-17 and the county.
1088-18 SECTION 30.273. Section 351.001(2), Tax Code, is amended to
1088-19 conform to Chapter 165, Acts of the 74th Legislature, Regular
1088-20 Session, 1995, to read as follows:
1088-21 (2) "Convention center facilities" or "convention
1088-22 center complex" means civic centers, civic center buildings,
1088-23 auditoriums, exhibition halls, and coliseums that are owned by the
1088-24 municipality or other governmental entity or that are managed in
1089-1 whole or part by the municipality, hotels owned by the municipality
1089-2 or a nonprofit municipally sponsored local government corporation
1089-3 created under Chapter 431, Transportation Code, [pursuant to the
1089-4 Texas Transportation Corporation Act (Article 1528l, Vernon's Texas
1089-5 Civil Statutes)] within 1,000 feet of a convention center owned by
1089-6 a municipality with a population of 1,500,000 or more, or a
1089-7 historic hotel owned by a municipality or a nonprofit municipally
1089-8 sponsored local government corporation created under Chapter 431,
1089-9 Transportation Code, [pursuant to the Texas Transportation
1089-10 Corporation Act (Article 1528l, Vernon's Texas Civil Statutes)]
1089-11 within one mile of a convention center owned by a municipality with
1089-12 a population of 1,500,000 or more. The term includes parking areas
1089-13 or facilities that are for the parking or storage of conveyances
1089-14 and that are located at or in the vicinity of other convention
1089-15 center facilities.
1089-16 SECTION 30.274. Section 351.102(a), Tax Code, is amended to
1089-17 conform to Chapter 165, Acts of the 74th Legislature, Regular
1089-18 Session, 1995, to read as follows:
1089-19 (a) Subject to the limitations provided by this subchapter,
1089-20 a municipality may pledge the revenue derived from the tax imposed
1089-21 under this chapter for the payment of bonds that are issued under
1089-22 Section 3, Chapter 63, Acts of the 59th Legislature, Regular
1089-23 Session, 1965 (Article 1269j-4.1, Vernon's Texas Civil Statutes),
1089-24 for one or more of the purposes provided by Section 351.101 or, in
1090-1 the case of a municipality of 1,500,000 or more, for the payment of
1090-2 principal of or interest on bonds or other obligations of a
1090-3 municipally sponsored local government corporation created under
1090-4 Chapter 431, Transportation Code, [pursuant to the Texas
1090-5 Transportation Corporation Act (Article 1528l, Vernon's Texas Civil
1090-6 Statutes)] that were issued to pay the cost of the acquisition and
1090-7 construction of a convention center hotel or the cost of
1090-8 acquisition, remodeling, or rehabilitation of a historic hotel
1090-9 structure; provided, however, such pledge may only be that portion
1090-10 of the tax collected at such hotel.
1090-11 SECTION 30.275. Section 352.101(a), Tax Code, is amended to
1090-12 conform to Chapter 165, Acts of the 74th Legislature, Regular
1090-13 Session, 1995, to read as follows:
1090-14 (a) The revenue from a tax imposed under this chapter by a
1090-15 county having a population of more than two million may be used
1090-16 only for:
1090-17 (1) the acquisition of sites for and the construction,
1090-18 improvement, enlarging, equipping, repairing, operation, and
1090-19 maintenance of public improvements such as civic centers, civic
1090-20 center buildings, auditoriums, exhibition halls, coliseums, and
1090-21 stadiums, including sports and other facilities that serve the
1090-22 purpose of attracting visitors and tourists to the county, and
1090-23 parking areas or facilities for the parking or storage of motor
1090-24 vehicles or other conveyances, hotels owned by a municipality or a
1091-1 nonprofit municipally sponsored local government corporation
1091-2 created under Chapter 431, Transportation Code, [pursuant to the
1091-3 Texas Transportation Corporation Act (Article 1528l, Vernon's Texas
1091-4 Civil Statutes)] within 1,000 feet of a convention center owned by
1091-5 a municipality with a population of 1,500,000 or more, or a
1091-6 historic hotel owned by a municipality or a nonprofit municipally
1091-7 sponsored local government corporation created under Chapter 431,
1091-8 Transportation Code, [pursuant to the Texas Transportation
1091-9 Corporation Act (Article 1528l, Vernon's Texas Civil Statutes)]
1091-10 within one mile of a convention center owned by a municipality with
1091-11 a population of 1,500,000 or more;
1091-12 (2) the furnishing of facilities, personnel, and
1091-13 materials for the registration of convention delegates or
1091-14 registrants; and
1091-15 (3) general promotion and tourist advertising of the
1091-16 county and its vicinity and conducting a solicitation program to
1091-17 attract conventions and visitors, any of which may be conducted by
1091-18 the county or through contracts with persons or organizations
1091-19 selected by the county.
1091-20 SECTION 30.276. Section 30.003(3), Water Code, is amended to
1091-21 conform to Chapter 165, Acts of the 74th Legislature, Regular
1091-22 Session, 1995, to read as follows:
1091-23 (3) "Public agency" means any district, city, or other
1091-24 political subdivision or agency of the state which has the power to
1092-1 own and operate waste collection, transportation, treatment, or
1092-2 disposal facilities or systems, and any joint board created under
1092-3 the provisions of Subchapter D or E, Chapter 22, Transportation
1092-4 Code [Section 14, Chapter 114, Acts of the 50th Legislature,
1092-5 Regular Session, 1947 (Article 46d-14, Vernon's Texas Civil
1092-6 Statutes)].
1092-7 SECTION 30.277. Section 53.029(c), Water Code, is amended to
1092-8 conform to Chapter 165, Acts of the 74th Legislature, Regular
1092-9 Session, 1995, to read as follows:
1092-10 (c) The board of a district covered by this section may
1092-11 order an election to be held in the district to determine whether
1092-12 the district should assume the rights, authority, privileges, and
1092-13 functions of a road district under Article III, Section 52(b)(3),
1092-14 of the Texas Constitution. The election shall be ordered,
1092-15 conducted, and the results canvassed in the manner provided by the
1092-16 applicable provisions of this chapter and the Election Code. The
1092-17 ballots for the election shall be printed to provide for voting for
1092-18 or against: The assumption by the __________ Fresh Water Supply
1092-19 District of the rights, authority, privileges, and functions of a
1092-20 road district under Article III, Section 52(b)(3), of the Texas
1092-21 Constitution. If a majority of the persons voting in the election
1092-22 vote in favor of the proposition, the district shall assume the
1092-23 rights, authority, privileges, and functions of a road district
1092-24 operating under Article III, Section 52(b)(3), of the Texas
1093-1 Constitution, Chapter 257, Transportation Code [the County Road and
1093-2 Bridge Act (Article 6702-1, Vernon's Texas Civil Statutes)], and
1093-3 other general laws of this state relating to road districts.
1093-4 SECTION 30.278. Section 60.246(b), Water Code, is amended to
1093-5 conform to Chapter 165, Acts of the 74th Legislature, Regular
1093-6 Session, 1995, to read as follows:
1093-7 (b) A converted district shall have the additional powers
1093-8 conferred on districts under Sections 61.151, 61.161-61.168,
1093-9 61.170, and 61.172-61.175 of this code, and the commissioners of a
1093-10 converted district shall constitute a pilot board under the
1093-11 provisions of Chapter 62, Transportation Code [Articles 8248-8257,
1093-12 Revised Civil Statutes of Texas, 1925].
1093-13 SECTION 30.279. Section 63.183, Water Code, is amended to
1093-14 conform to Chapter 165, Acts of the 74th Legislature, Regular
1093-15 Session, 1995, to read as follows:
1093-16 Sec. 63.183. Other Laws Governing District. The commission
1093-17 has the same rights, powers, and duties provided for commissioners
1093-18 in Chapter 62, Transportation Code [Articles 8248-8257, Revised
1093-19 Civil Statutes of Texas, 1925].
1093-20 SECTION 30.280. Sections 1-4, Chapter 370, Acts of the 74th
1093-21 Legislature, Regular Session, 1995, are repealed.
1093-22 ARTICLE 31. RENUMBERING
1093-23 SECTION 31.01. The following provisions of enacted codes are
1093-24 renumbered or relettered and appropriate cross-references are
1094-1 changed to eliminate duplicate citations or to relocate misplaced
1094-2 provisions:
1094-3 (1) Section 161.053, Agriculture Code, as added by
1094-4 Chapter 554, Acts of the 74th Legislature, Regular Session, 1995,
1094-5 is renumbered as Section 161.055, Agriculture Code.
1094-6 (2) Section 161.054, Agriculture Code, as added by
1094-7 Chapter 554, Acts of the 74th Legislature, Regular Session, 1995,
1094-8 is renumbered as Section 161.056, Agriculture Code.
1094-9 (3) Section 15.018, Civil Practice and Remedies Code,
1094-10 as added by Chapter 378, Acts of the 74th Legislature, Regular
1094-11 Session, 1995, is renumbered as Section 15.019, Civil Practice and
1094-12 Remedies Code.
1094-13 (4) Section 30.007, Civil Practice and Remedies Code,
1094-14 as added by Chapter 122, Acts of the 74th Legislature, Regular
1094-15 Session, 1995, is renumbered as Section 30.008, Civil Practice and
1094-16 Remedies Code.
1094-17 (5) Section 30.007, Civil Practice and Remedies Code,
1094-18 as added by Chapter 1005, Acts of the 74th Legislature, Regular
1094-19 Session, 1995, is renumbered as Section 30.009, Civil Practice and
1094-20 Remedies Code.
1094-21 (6) Section 30.07, Civil Practice and Remedies Code,
1094-22 as added by Chapter 302, Acts of the 74th Legislature, Regular
1094-23 Session, 1995, is renumbered as Section 30.010, Civil Practice and
1094-24 Remedies Code.
1095-1 (7) Chapter 83, Civil Practice and Remedies Code, as
1095-2 added by Chapter 662, Acts of the 74th Legislature, Regular
1095-3 Session, 1995, is renumbered as Chapter 85, Civil Practice and
1095-4 Remedies Code, and Sections 83.001, 83.002, 83.003, 83.004, 83.005,
1095-5 and 83.006, Civil Practice and Remedies Code, as added by that Act,
1095-6 are renumbered as Sections 85.001, 85.002, 85.003, 85.004, 85.005,
1095-7 and 85.006, Civil Practice and Remedies Code, respectively.
1095-8 (8) Chapter 87, Civil Practice and Remedies Code, as
1095-9 added by Chapter 604, Acts of the 74th Legislature, Regular
1095-10 Session, 1995, is renumbered as Chapter 86, Civil Practice and
1095-11 Remedies Code, and Sections 87.001, 87.002, 87.003, 87.004, 87.005,
1095-12 87.006, and 87.007, Civil Practice and Remedies Code, as added by
1095-13 that Act, are renumbered as Sections 86.001, 86.002, 86.003,
1095-14 86.004, 86.005, 86.006, and 86.007, Civil Practice and Remedies
1095-15 Code, respectively.
1095-16 (9) Section 101.058, Civil Practice and Remedies Code,
1095-17 as added by Chapter 738, Acts of the 74th Legislature, Regular
1095-18 Session, 1995, is renumbered as Section 101.065, Civil Practice and
1095-19 Remedies Code.
1095-20 (10) Subsection (m), Section 13, Article 42.12, Code
1095-21 of Criminal Procedure, as added by Chapter 318, Acts of the 74th
1095-22 Legislature, Regular Session, 1995, is relettered as Subsection
1095-23 (n), Section 13, Article 42.12, Code of Criminal Procedure.
1095-24 (11) Section 13B, Article 42.12, Code of Criminal
1096-1 Procedure, as added by Chapter 83, Acts of the 74th Legislature,
1096-2 Regular Session, 1995, is renumbered as Section 13C, Article 42.12,
1096-3 Code of Criminal Procedure.
1096-4 (12) Article 42.21, Code of Criminal Procedure, as
1096-5 added by Chapter 997, Acts of the 74th Legislature, Regular
1096-6 Session, 1995, is renumbered as Article 42.22, Code of Criminal
1096-7 Procedure.
1096-8 (13) Subsection (g), Article 45.55, Code of Criminal
1096-9 Procedure, as added by Chapter 598, Acts of the 74th Legislature,
1096-10 Regular Session, 1995, is relettered as Subsection (h), Article
1096-11 45.55, Code of Criminal Procedure.
1096-12 (14) Subsection (q), Section 51.306, Education Code,
1096-13 as redesignated by Chapter 76, Acts of the 74th Legislature,
1096-14 Regular Session, 1995, is relettered as Subsection (w), Section
1096-15 51.306, Education Code.
1096-16 (15) Subsection (q), Section 51.306, Education Code,
1096-17 as added by Chapter 362, Acts of the 74th Legislature, Regular
1096-18 Session, 1995, is relettered as Subsection (t), Section 51.306,
1096-19 Education Code.
1096-20 (16) Subsection (q), Section 51.306, Education Code,
1096-21 as added by Chapter 777, Acts of the 74th Legislature, Regular
1096-22 Session, 1995, is relettered as Subsection (u), Section 51.306,
1096-23 Education Code.
1096-24 (17) Subsection (s), Section 51.306, Education Code,
1097-1 as added by Chapter 804, Acts of the 74th Legislature, Regular
1097-2 Session, 1995, is relettered as Subsection (v), Section 51.306,
1097-3 Education Code.
1097-4 (18) Subsection (f), Section 51.3061, Education Code,
1097-5 as added by Chapter 804, Acts of the 74th Legislature, Regular
1097-6 Session, 1995, is relettered as Subsection (g), Section 51.3061,
1097-7 Education Code.
1097-8 (19) Section 51.307, Education Code, as added by
1097-9 Chapter 1009, Acts of the 74th Legislature, Regular Session, 1995,
1097-10 is renumbered as Section 51.308, Education Code.
1097-11 (20) Section 51.932, Education Code, as added by
1097-12 Chapter 736, Acts of the 74th Legislature, Regular Session, 1995,
1097-13 is renumbered as Section 51.9325, Education Code.
1097-14 (21) Section 51.933, Education Code, as added by
1097-15 Chapter 736, Acts of the 74th Legislature, Regular Session, 1995,
1097-16 is renumbered as Section 51.9335, Education Code.
1097-17 (22) Section 51.935, Education Code, as added by
1097-18 Chapter 474, Acts of the 74th Legislature, Regular Session, 1995,
1097-19 is renumbered as Section 51.9355, Education Code.
1097-20 (23) Section 51.940, Education Code, as added by
1097-21 Chapter 473, Acts of the 74th Legislature, Regular Session, 1995,
1097-22 is renumbered as Section 51.941, Education Code.
1097-23 (24) Section 54.212, Education Code, as added by
1097-24 Chapter 327, Acts of the 74th Legislature, Regular Session, 1995,
1098-1 is renumbered as Section 54.214, Education Code.
1098-2 (25) Section 54.212, Education Code, as added by
1098-3 Chapter 451, Acts of the 74th Legislature, Regular Session, 1995,
1098-4 is renumbered as Section 54.215, Education Code.
1098-5 (26) Section 130.008, Education Code, as added by
1098-6 Chapter 459, Acts of the 74th Legislature, Regular Session, 1995,
1098-7 is renumbered as Section 130.009, Education Code.
1098-8 (27) Section 3.522, Family Code, as added by Chapter
1098-9 1024, Acts of the 74th Legislature, Regular Session, 1995, is
1098-10 renumbered as Section 3.523, Family Code.
1098-11 (28) Subsection (c), Section 71.18, Family Code, as
1098-12 added by Chapter 324, Acts of the 74th Legislature, Regular
1098-13 Session, 1995, is relettered as Subsection (e), Section 71.18,
1098-14 Family Code.
1098-15 (29) Section 262.111, Family Code, as added by Chapter
1098-16 943, Acts of the 74th Legislature, Regular Session, 1995, is
1098-17 renumbered as Section 262.112, Family Code.
1098-18 (30) Section 264.109, Family Code, as added by Chapter
1098-19 943, Acts of the 74th Legislature, Regular Session, 1995, is
1098-20 renumbered as Section 264.110, Family Code.
1098-21 (31) Section 26.015, Government Code, as added by
1098-22 Chapter 336, Acts of the 74th Legislature, Regular Session, 1995,
1098-23 is renumbered as Section 26.017, Government Code.
1098-24 (32) Section 215.0735, Government Code, as added by
1099-1 Chapter 165, Acts of the 74th Legislature, Regular Session, 1995,
1099-2 is renumbered as Section 215.0735, Local Government Code.
1099-3 (33) Section 403.024, Government Code, as added by
1099-4 Chapter 655, Acts of the 74th Legislature, Regular Session, 1995,
1099-5 is renumbered as Section 403.025, Government Code.
1099-6 (34) Section 411.128, Government Code, as added by
1099-7 Chapter 323, Acts of the 74th Legislature, Regular Session, 1995,
1099-8 is renumbered as Section 411.129, Government Code.
1099-9 (35) Section 411.128, Government Code, as added by
1099-10 Chapter 485, Acts of the 74th Legislature, Regular Session, 1995,
1099-11 is renumbered as Section 411.130, Government Code.
1099-12 (36) Section 411.128, Government Code, as added by
1099-13 Chapter 691, Acts of the 74th Legislature, Regular Session, 1995,
1099-14 is renumbered as Section 411.131, Government Code.
1099-15 (37) Subsection (g), Section 415.034, Government Code,
1099-16 as added by Chapter 562, Acts of the 74th Legislature, Regular
1099-17 Session, 1995, is relettered as Subsection (i), Section 415.034,
1099-18 Government Code.
1099-19 (38) Section 444.029, Government Code, as added by
1099-20 Chapter 108, Acts of the 74th Legislature, Regular Session, 1995,
1099-21 is renumbered as Section 444.030, Government Code.
1099-22 (39) Section 493.014, Government Code, as added by
1099-23 Chapter 769, Acts of the 74th Legislature, Regular Session, 1995,
1099-24 is renumbered as Section 493.018, Government Code.
1100-1 (40) Section 493.015, Government Code, as added by
1100-2 Chapter 321, Acts of the 74th Legislature, Regular Session, 1995,
1100-3 is renumbered as Section 493.019, Government Code.
1100-4 (41) Section 493.017, Government Code, as added by
1100-5 Chapter 321, Acts of the 74th Legislature, Regular Session, 1995,
1100-6 is renumbered as Section 493.020, Government Code.
1100-7 (42) Section 497.097, Government Code, as added by
1100-8 Chapter 302, Acts of the 74th Legislature, Regular Session, 1995,
1100-9 is renumbered as Section 497.098, Government Code.
1100-10 (43) Section 507.028, Government Code, as added by
1100-11 Chapter 321, Acts of the 74th Legislature, Regular Session, 1995,
1100-12 is renumbered as Section 507.031, Government Code.
1100-13 (44) Section 552.027, Government Code, as added by
1100-14 Chapter 302, Acts of the 74th Legislature, Regular Session, 1995,
1100-15 is renumbered as Section 552.028, Government Code.
1100-16 (45) Section 552.124, Government Code, as added by
1100-17 Chapter 219, Acts of the 74th Legislature, Regular Session, 1995,
1100-18 is renumbered as Section 552.125, Government Code.
1100-19 (46) Section 552.124, Government Code, as added by
1100-20 Chapter 260, Acts of the 74th Legislature, Regular Session, 1995,
1100-21 is renumbered as Section 552.126, Government Code.
1100-22 (47) Section 552.270, Government Code, as added by
1100-23 Chapter 693, Acts of the 74th Legislature, Regular Session, 1995,
1100-24 is renumbered as Section 552.274, Government Code.
1101-1 (48) Subdivision (5), Section 573.061, Government
1101-2 Code, as added by Chapter 260, Acts of the 74th Legislature,
1101-3 Regular Session, 1995, is renumbered as Subdivision (6), Section
1101-4 573.061, Government Code.
1101-5 (49) Section 2003.047, Government Code, as added by
1101-6 Chapter 765, Acts of the 74th Legislature, Regular Session, 1995,
1101-7 is renumbered as Section 2003.049, Government Code.
1101-8 (50) Section 12.017, Health and Safety Code, as added
1101-9 by Chapter 531, Acts of the 74th Legislature, Regular Session,
1101-10 1995, is renumbered as Section 12.018, Health and Safety Code.
1101-11 (51) Section 12.017, Health and Safety Code, as added
1101-12 by Chapter 76, Acts of the 74th Legislature, Regular Session, 1995,
1101-13 is renumbered as Section 12.019, Health and Safety Code.
1101-14 (52) Subchapter H, Chapter 12, Health and Safety Code,
1101-15 as added by Chapter 768, Acts of the 74th Legislature, Regular
1101-16 Session, 1995, is relettered as Subchapter I, Chapter 12, Health
1101-17 and Safety Code, and Sections 12.091, 12.092, 12.093, 12.094,
1101-18 12.095, and 12.096, Health and Safety Code, as added by that Act,
1101-19 are renumbered as Sections 12.111, 12.112, 12.113, 12.114, 12.115,
1101-20 and 12.116, Health and Safety Code, respectively.
1101-21 (53) Chapter 88, Health and Safety Code, as added by
1101-22 Chapter 76, Acts of the 74th Legislature, Regular Session, 1995, is
1101-23 renumbered as Chapter 92, Health and Safety Code, and Sections
1101-24 88.001, 88.002, 88.003, 88.004, 88.005, 88.006, 88.007, 88.008, and
1102-1 88.009, Health and Safety Code, as added by that Act, are
1102-2 renumbered as Sections 92.001, 92.002, 92.003, 92.004, 92.005,
1102-3 92.006, 92.007, 92.008, and 92.009, Health and Safety Code,
1102-4 respectively.
1102-5 (54) Subsection (b), Section 242.037, Health and
1102-6 Safety Code, as added by Chapter 1049, Acts of the 74th
1102-7 Legislature, Regular Session, 1995, is relettered as Subsection
1102-8 (c), Section 242.037, Health and Safety Code.
1102-9 (55) Subchapter H, Chapter 242, Health and Safety
1102-10 Code, as added by Chapter 189, Acts of the 74th Legislature,
1102-11 Regular Session, 1995, is relettered as Subchapter I, Chapter 242,
1102-12 Health and Safety Code, and Sections 242.201, 242.202, 242.203,
1102-13 242.204, and 242.205, Health and Safety Code, as added by that Act,
1102-14 are renumbered as Sections 242.221, 242.222, 242.223, 242.224, and
1102-15 242.225, Health and Safety Code, respectively.
1102-16 (56) Subchapter H, Chapter 242, Health and Safety
1102-17 Code, as added by Chapter 1049, Acts of the 74th Legislature,
1102-18 Regular Session, 1995, is relettered as Subchapter J, Chapter 242,
1102-19 Health and Safety Code.
1102-20 (57) Subsection (e), Section 247.026, Health and
1102-21 Safety Code, as added by Chapter 542, Acts of the 74th Legislature,
1102-22 Regular Session, 1995, is relettered as Subsection (f), Section
1102-23 247.026, Health and Safety Code.
1102-24 (58) Subchapter H, Chapter 285, Health and Safety
1103-1 Code, as added by Chapter 965, Acts of the 74th Legislature,
1103-2 Regular Session, 1995, is relettered as Subchapter I, Chapter 285,
1103-3 Health and Safety Code.
1103-4 (59) Section 533.045, Health and Safety Code, as added
1103-5 by Chapter 574, Acts of the 74th Legislature, Regular Session,
1103-6 1995, is renumbered as Section 533.047, Health and Safety Code.
1103-7 (60) Section 22.025, Human Resources Code, as added by
1103-8 Chapter 531, Acts of the 74th Legislature, Regular Session, 1995,
1103-9 is renumbered as Section 22.031, Human Resources Code.
1103-10 (61) Section 31.0031, Human Resources Code, as added
1103-11 by Section 1.02, Chapter 655, Acts of the 74th Legislature, Regular
1103-12 Session, 1995, is renumbered as Section 31.0036, Human Resources
1103-13 Code.
1103-14 (62) Section 122.020, Human Resources Code, as added
1103-15 by Chapter 746, Acts of the 74th Legislature, Regular Session,
1103-16 1995, is renumbered as Section 122.026, Human Resources Code.
1103-17 (63) Section 406.097, Labor Code, as added by Chapter
1103-18 849, Acts of the 74th Legislature, Regular Session, 1995, is
1103-19 renumbered as Section 406.098, Labor Code.
1103-20 (64) Section 42.024, Local Government Code, as added
1103-21 by Chapter 788, Acts of the 74th Legislature, Regular Session,
1103-22 1995, is renumbered as Section 42.025, Local Government Code.
1103-23 (65) Section 81.029, Local Government Code, as added
1103-24 by Chapter 146, Acts of the 74th Legislature, Regular Session,
1104-1 1995, is renumbered as Section 81.030, Local Government Code.
1104-2 (66) Section 280.002, Local Government Code, as added
1104-3 by Chapter 913, Acts of the 74th Legislature, Regular Session,
1104-4 1995, is renumbered as Section 280.003, Local Government Code.
1104-5 (67) Section 341.904, Local Government Code, as added
1104-6 by Chapter 262, Acts of the 74th Legislature, Regular Session,
1104-7 1995, is renumbered as Section 341.905, Local Government Code.
1104-8 (68) Subsection (d), Section 22.01, Penal Code, as
1104-9 added by Chapter 659, Acts of the 74th Legislature, Regular
1104-10 Session, 1995, is relettered as Subsection (e), Section 22.01,
1104-11 Penal Code.
1104-12 (69) Subsection (g), Section 31.03, Penal Code, as
1104-13 added by Chapter 843, Acts of the 74th Legislature, Regular
1104-14 Session, 1995, is relettered as Subsection (h), Section 31.03,
1104-15 Penal Code.
1104-16 (70) Subsection (g), Section 46.03, Penal Code, as
1104-17 added by Chapter 790, Acts of the 74th Legislature, Regular
1104-18 Session, 1995, is relettered as Subsection (h), Section 46.03,
1104-19 Penal Code.
1104-20 (71) Subchapter H, Chapter 92, Property Code, as added
1104-21 by Chapter 744, Acts of the 74th Legislature, Regular Session,
1104-22 1995, is relettered as Subchapter I, Chapter 92, Property Code, and
1104-23 Sections 92.331, 92.332, 92.333, and 92.334, Property Code, as
1104-24 added by that Act, are renumbered as Sections 92.351, 92.352,
1105-1 92.353, and 92.354, Property Code, respectively.
1105-2 (72) Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
1105-3 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24, Chapter 141,
1105-4 Property Code, as added by Chapter 1043, Acts of the 74th
1105-5 Legislature, Regular Session, 1995, are renumbered as Sections
1105-6 141.001, 141.002, 141.003, 141.004, 141.005, 141.006, 141.007,
1105-7 141.008, 141.009, 141.010, 141.011, 141.012, 141.013, 141.014,
1105-8 141.015, 141.016, 141.017, 141.018, 141.019, 141.020, 141.021,
1105-9 141.022, 141.023, and 141.024, Property Code, respectively.
1105-10 (73) Sections 23.12D, 23.12E, and 23.12F, Tax Code, as
1105-11 added by Chapter 836, Acts of the 74th Legislature, Regular
1105-12 Session, 1995, are renumbered as Sections 23.124, 23.125, and
1105-13 23.126, Tax Code, respectively.
1105-14 (74) Subsection (j), Section 23.55, Tax Code, as added
1105-15 by Chapter 471, Acts of the 74th Legislature, Regular Session,
1105-16 1995, is relettered as Subsection (l), Section 23.55, Tax Code.
1105-17 (75) Section 26.179, Water Code, as added by Chapter
1105-18 76, Acts of the 74th Legislature, Regular Session, 1995, is
1105-19 renumbered as Section 26.180, Water Code.
1105-20 SECTION 31.02. If the number, letter, or designation
1105-21 assigned by this article conflicts with a number, letter, or
1105-22 designation assigned by another Act of the 75th Legislature, the
1105-23 other Act controls, and the number, letter, or designation assigned
1105-24 by this article has no effect.
1106-1 ARTICLE 32. EFFECTIVE DATE; EMERGENCY
1106-2 SECTION 32.01. This Act takes effect September 1, 1997.
1106-3 SECTION 32.02. The importance of this legislation and the
1106-4 crowded condition of the calendars in both houses create an
1106-5 emergency and an imperative public necessity that the
1106-6 constitutional rule requiring bills to be read on three several
1106-7 days in each house be suspended, and this rule is hereby suspended.