1-1 AN ACT
1-2 relating to nonsubstantive additions to and corrections in enacted
1-3 codes, to the nonsubstantive codification or disposition of various
1-4 laws omitted from enacted codes, and to conforming codifications
1-5 enacted by the 76th 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 1.001. 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 76th
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 1.002. (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 77th Legislature, Regular Session, 2001. 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 77th Legislature, Regular Session, 2001, the statute
2-5 controls.
2-6 SECTION 1.003. (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
2-17 BUSINESS & COMMERCE CODE
2-18 SECTION 2.001. (a) Subchapter E, Chapter 3, Business &
2-19 Commerce Code, is amended to codify Section 1, Chapter 617, Acts of
2-20 the 68th Legislature, Regular Session, 1983 (Article 9022, Vernon's
2-21 Texas Civil Statutes), by adding Section 3.506 to read as follows:
2-22 Sec. 3.506. PROCESSING FEE BY HOLDER OF DISHONORED CHECK.
2-23 (a) On return of a check to the holder following dishonor of the
2-24 check by a payor, the holder, the holder's assignee, agent, or
2-25 representative, or any other person retained by the holder to seek
2-26 collection of the face value of the dishonored check may charge the
2-27 drawer or endorser a reasonable processing fee of not more than
3-1 $25.
3-2 (b) A person may not charge a processing fee to a drawer or
3-3 endorser under this section if the fee has been collected under
3-4 Article 102.007(e) or 102.0071, Code of Criminal Procedure. If a
3-5 processing fee has been collected under this section and the holder
3-6 subsequently receives a fee collected under Article 102.007(e) or
3-7 102.0071, Code of Criminal Procedure, the holder shall immediately
3-8 refund the fee previously collected from the drawer or endorser.
3-9 (c) Notwithstanding any other law, a loan agreement made
3-10 under Chapter 342, Finance Code, may provide that on return of a
3-11 dishonored check given in payment under the agreement, the holder
3-12 may charge the obligor under the agreement the processing fee
3-13 authorized by this section, and the fee may be added to the unpaid
3-14 balance owed under the agreement. Interest may not be charged on
3-15 the fee during the term of the agreement.
3-16 (d) This section does not affect any right or remedy to
3-17 which the holder of a check may be entitled under any rule, written
3-18 contract, judicial decision, or other statute.
3-19 (b) Subsection (e), Article 102.007, Code of Criminal
3-20 Procedure, is amended to read as follows:
3-21 (e) In addition to the collection fee specified in
3-22 Subsection (c) of this article, the county attorney, district
3-23 attorney, or criminal district attorney may collect the fee
3-24 authorized by Section 3.506, Business & Commerce Code [Article
3-25 9022, Vernon's Texas Civil Statutes], for the benefit of the holder
3-26 of a check or its assignee, agent, representative, or any other
3-27 person retained by the holder to seek collection of the check.
4-1 (c) Article 102.0071, Code of Criminal Procedure, is amended
4-2 to read as follows:
4-3 Art. 102.0071. JUSTICE COURT DISHONORED CHECK. On conviction
4-4 in justice court of an offense under Section 32.41, Penal Code, or
4-5 an offense under Section 31.03 or 31.04, Penal Code, in which it is
4-6 shown that the defendant committed the offense by issuing or
4-7 passing a check that was subsequently dishonored, the court may
4-8 collect from the defendant and pay to the holder of the check the
4-9 fee permitted by Section 3.506, Business & Commerce Code [Article
4-10 9022, Vernon's Texas Civil Statutes].
4-11 (d) Section 151.0036(c), Tax Code, is amended to read as
4-12 follows:
4-13 (c) "Debt collection service" includes the service performed
4-14 for which a fee is collected under Section 3.506, Business &
4-15 Commerce Code [Chapter 617, Acts of the 68th Legislature, Regular
4-16 Session, 1983 (Article 9022, Vernon's Texas Civil Statutes)]. The
4-17 person collecting the check shall add the amount of the tax to the
4-18 fee in accordance with Section 151.052 and shall collect the fee
4-19 from the drawer or endorser of the check.
4-20 (e) Section 1, Chapter 617, Acts of the 68th Legislature,
4-21 Regular Session, 1983 (Article 9022, Vernon's Texas Civil
4-22 Statutes), is repealed.
4-23 SECTION 2.002. (a) Subchapter D, Chapter 35, Business &
4-24 Commerce Code, is amended to codify Article 9004, Revised Statutes,
4-25 by adding Section 35.49 to read as follows:
4-26 Sec. 35.49. SHIPPING ARTICLES WITHOUT INSPECTION. (a) A
4-27 person commits an offense if the person:
5-1 (1) exports from this state, or ships for the purpose
5-2 of exportation to a state other than this state or to a foreign
5-3 port, an article of commerce that by law of this state is required
5-4 to be inspected by a public inspector; and
5-5 (2) does not have the article inspected as provided by
5-6 law.
5-7 (b) An offense under this section is a misdemeanor
5-8 punishable by a fine of not more than $100.
5-9 (b) Article 9004, Revised Statutes, is repealed.
5-10 ARTICLE 3. CHANGES RELATING TO CODE
5-11 OF CRIMINAL PROCEDURE
5-12 SECTION 3.001. Article 2.12, Code of Criminal Procedure, as
5-13 amended by Chapters 90, 322, 882, and 974, Acts of the 76th
5-14 Legislature, Regular Session, 1999, is amended to correct
5-15 cross-references and renumber duplicate provisions to read as
5-16 follows:
5-17 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
5-18 officers:
5-19 (1) sheriffs, their deputies, and those reserve
5-20 deputies who hold a permanent peace officer license issued under
5-21 Chapter 1701, Occupations [415, Government] Code;
5-22 (2) constables, deputy constables, and those reserve
5-23 deputy constables who hold a permanent peace officer license issued
5-24 under Chapter 1701, Occupations [415, Government] Code;
5-25 (3) marshals or police officers of an incorporated
5-26 city, town, or village, and those reserve municipal police officers
5-27 who hold a permanent peace officer license issued under Chapter
6-1 1701, Occupations [415, Government] Code;
6-2 (4) rangers and officers commissioned by the Public
6-3 Safety Commission and the Director of the Department of Public
6-4 Safety;
6-5 (5) investigators of the district attorneys', criminal
6-6 district attorneys', and county attorneys' offices;
6-7 (6) law enforcement agents of the Texas Alcoholic
6-8 Beverage Commission;
6-9 (7) each member of an arson investigating unit
6-10 commissioned by a city, a county, or the state;
6-11 (8) officers commissioned under Section 37.081,
6-12 Education Code, or Subchapter E, Chapter 51, Education Code;
6-13 (9) officers commissioned by the General Services
6-14 Commission;
6-15 (10) law enforcement officers commissioned by the
6-16 Parks and Wildlife Commission;
6-17 (11) airport police officers commissioned by a city
6-18 with a population of more than one million[, according to the most
6-19 recent federal census,] that operates an airport that serves
6-20 commercial air carriers;
6-21 (12) airport security personnel commissioned as peace
6-22 officers by the governing body of any political subdivision of this
6-23 state, other than a city described by Subdivision (11), that
6-24 operates an airport that serves commercial air carriers;
6-25 (13) municipal park and recreational patrolmen and
6-26 security officers;
6-27 (14) security officers commissioned as peace officers
7-1 by the comptroller;
7-2 (15) officers commissioned by a water control and
7-3 improvement district under Section 49.216, Water Code;
7-4 (16) officers commissioned by a board of trustees
7-5 under Chapter 54, Transportation Code [341, Acts of the 57th
7-6 Legislature, Regular Session, 1961 (Article 1187f, Vernon's Texas
7-7 Civil Statutes)];
7-8 (17) investigators commissioned by the Texas State
7-9 Board of Medical Examiners;
7-10 (18) officers commissioned by the board of managers of
7-11 the Dallas County Hospital District, the Tarrant County Hospital
7-12 District, or the Bexar County Hospital District under Section
7-13 281.057, Health and Safety Code;
7-14 (19) county park rangers commissioned under Subchapter
7-15 E, Chapter 351, Local Government Code;
7-16 (20) investigators employed by the Texas Racing
7-17 Commission;
7-18 (21) officers commissioned under Chapter 554,
7-19 Occupations Code [by the State Board of Pharmacy];
7-20 (22) officers commissioned by the governing body of a
7-21 metropolitan rapid transit authority under Section 451.108,
7-22 Transportation Code, or by a regional transportation authority
7-23 under Section 452.110, Transportation Code;
7-24 (23) investigators commissioned by the attorney
7-25 general under Section 402.009, Government Code;
7-26 (24) security officers and investigators commissioned
7-27 as peace officers under Chapter 466, Government Code;
8-1 (25) an officer employed by the Texas Department of
8-2 Health under Section 431.2471, Health and Safety Code;
8-3 (26) officers appointed by an appellate court under
8-4 Subchapter F, Chapter 53, Government Code;
8-5 (27) officers commissioned by the state fire marshal
8-6 under Chapter 417, Government Code;
8-7 (28) an investigator commissioned by the commissioner
8-8 of insurance under Article 1.10D, Insurance Code;
8-9 (29) apprehension specialists commissioned by the
8-10 Texas Youth Commission as officers under Section 61.0931, Human
8-11 Resources Code; [and]
8-12 (30) officers appointed by the executive director of
8-13 the Texas Department of Criminal Justice under Section 493.019,
8-14 Government Code; [.]
8-15 (31) [(30)] investigators commissioned by the
8-16 Commission on Law Enforcement Officer Standards and Education under
8-17 Section 1701.160, Occupations [415.016, Government] Code; and [.]
8-18 (32) commission [(30) board] investigators
8-19 commissioned by the Texas Commission on Private Security under
8-20 Section 1702.061(f), Occupations Code [10(f), Private Investigators
8-21 and Private Security Agencies Act (Article 4413(29bb), Vernon's
8-22 Texas Civil Statutes)].
8-23 SECTION 3.002. Article 45.051, Code of Criminal Procedure
8-24 (formerly Article 45.54, Code of Criminal Procedure, redesignated
8-25 as Article 45.051 by Chapter 1545, Acts of the 76th Legislature,
8-26 Regular Session, 1999), as amended by Chapters 532, 1387, and 1545,
8-27 Acts of the 76th Legislature, Regular Session, 1999, is reenacted
9-1 to read as follows:
9-2 Art. 45.051. SUSPENSION OF SENTENCE AND DEFERRAL OF FINAL
9-3 DISPOSITION. (a) On a plea of guilty or nolo contendere by a
9-4 defendant or on a finding of guilt in a misdemeanor case punishable
9-5 by fine only and payment of all court costs, the justice may defer
9-6 further proceedings without entering an adjudication of guilt and
9-7 place the defendant on probation for a period not to exceed 180
9-8 days.
9-9 (b) During the deferral period, the justice may require the
9-10 defendant to:
9-11 (1) post a bond in the amount of the fine assessed to
9-12 secure payment of the fine;
9-13 (2) pay restitution to the victim of the offense in an
9-14 amount not to exceed the fine assessed;
9-15 (3) submit to professional counseling;
9-16 (4) submit to diagnostic testing for alcohol or a
9-17 controlled substance or drug;
9-18 (5) submit to a psychosocial assessment;
9-19 (6) participate in an alcohol or drug abuse treatment
9-20 or education program;
9-21 (7) pay the costs of any diagnostic testing,
9-22 psychosocial assessment, or participation in a treatment or
9-23 education program either directly or through the court as court
9-24 costs; and
9-25 (8) comply with any other reasonable condition.
9-26 (c) At the conclusion of the deferral period, if the
9-27 defendant presents satisfactory evidence that he has complied with
10-1 the requirements imposed, the justice shall dismiss the complaint,
10-2 and it shall be clearly noted in the docket that the complaint is
10-3 dismissed and that there is not a final conviction. Otherwise, the
10-4 justice may proceed with an adjudication of guilt. After an
10-5 adjudication of guilt, the justice may reduce the fine assessed or
10-6 may then impose the fine assessed, less any portion of the assessed
10-7 fine that has been paid. If the complaint is dismissed, a special
10-8 expense not to exceed the amount of the fine assessed may be
10-9 imposed.
10-10 (d) If at the conclusion of the deferral period the
10-11 defendant does not present satisfactory evidence that the defendant
10-12 complied with the requirements imposed, the justice may impose the
10-13 fine assessed or impose a lesser fine. The imposition of the fine
10-14 or lesser fine constitutes a final conviction of the defendant.
10-15 (e) Records relating to a complaint dismissed as provided by
10-16 this article may be expunged under Article 55.01 of this code. If
10-17 a complaint is dismissed under this article, there is not a final
10-18 conviction and the complaint may not be used against the person for
10-19 any purpose.
10-20 SECTION 3.0021. (a) Article 45.0511, Code of Criminal
10-21 Procedure, as added by Chapter 1545, Acts of the 76th Legislature,
10-22 Regular Session, 1999, is reenacted and amended to read as follows:
10-23 Art. 45.0511. DEFERRED DISPOSITION PROCEDURES APPLICABLE TO
10-24 TRAFFIC OFFENSES. (a) This article applies to an alleged offense
10-25 involving the operation of a motor vehicle other than a commercial
10-26 motor vehicle, as defined by Section 522.003, Transportation Code,
10-27 and supplements Article 45.051.
11-1 (b) During the deferral period under Article 45.051, the
11-2 justice:
11-3 (1) shall require the defendant to successfully
11-4 complete a driving safety course approved by the Texas Education
11-5 Agency if the defendant elects deferred disposition and the
11-6 defendant has not completed an approved driving safety course or
11-7 motorcycle operator training course, as appropriate, within the
11-8 preceding 12 months; and
11-9 (2) may require the defendant to successfully complete
11-10 a driving safety course approved by the Texas Education Agency if
11-11 the defendant has completed an approved driving safety course
11-12 within the preceding 12 months.
11-13 (c) Subsection (b)(1) applies only if:
11-14 (1) the person enters a plea in person or in writing
11-15 of no contest or guilty and, before the answer date on the notice
11-16 to appear:
11-17 (A) presents in person to the court an oral or
11-18 written request to take a course; or
11-19 (B) sends to the court by certified mail, return
11-20 receipt requested, postmarked on or before the answer date on the
11-21 notice to appear, a written request to take a course;
11-22 (2) the court enters judgment on the person's plea of
11-23 no contest or guilty at the time the plea is made but defers
11-24 imposition of the judgment for 180 days;
11-25 (3) the person has a Texas driver's license or permit;
11-26 (4) the person is charged with an offense to which
11-27 this article applies, other than speeding 25 miles per hour or more
12-1 over the posted speed limit;
12-2 (5) the person provides evidence of financial
12-3 responsibility as required by Chapter 601, Transportation Code;
12-4 (6) the defendant's driving record as maintained by
12-5 the Texas Department of Public Safety shows the defendant has not
12-6 completed an approved driving safety course or motorcycle operator
12-7 training course, as appropriate, within the 12 months preceding the
12-8 date of the offense; and
12-9 (7) the defendant files an affidavit with the court
12-10 stating that the person is not taking a course under this section
12-11 and has not completed a course that is not shown on the person's
12-12 driving record within the 12 months preceding the date of the
12-13 offense.
12-14 (d) Notwithstanding Subsection (c)(1), on a written motion
12-15 submitted to the court before the final disposition of the case,
12-16 the court may grant a request to take a driving safety course or a
12-17 motorcycle operator training course under this article.
12-18 (e) A request to take a driving safety course made at or
12-19 before the time and at the place at which a person is required to
12-20 appear in court is an appearance in compliance with the person's
12-21 promise to appear.
12-22 (f) The court may require a person requesting a driving
12-23 safety course to pay a fee set by the court at an amount of not
12-24 more than $10, including any other fee authorized by statute or
12-25 municipal ordinance, to cover the cost of administering this
12-26 article.
12-27 (g) A person who requests but does not take a course is not
13-1 entitled to a refund of the fee.
13-2 (h) Fees collected by a municipal court shall be deposited
13-3 in the municipal treasury. Fees collected by another court shall
13-4 be deposited in the county treasury of the county in which the
13-5 court is located.
13-6 (i) If a person requesting a driving safety course fails to
13-7 furnish evidence of the successful completion of the course to the
13-8 court, the court shall:
13-9 (1) notify the person in writing, mailed to the
13-10 address appearing on the notice to appear, of that failure; and
13-11 (2) require the person to appear at the time and place
13-12 stated in the notice to show cause why the evidence was not timely
13-13 submitted to the court.
13-14 (j) A person who fails to appear at the time and place
13-15 stated in the notice commits a misdemeanor punishable as provided
13-16 by Section 543.009, Transportation Code.
13-17 (k) On a person's showing of good cause for failure to
13-18 furnish evidence to the court, the court may allow an extension of
13-19 time during which the person may present a uniform certificate of
13-20 course completion as evidence that the person successfully
13-21 completed the driving safety course.
13-22 (l) When a person complies with Subsection (b) and a uniform
13-23 certificate of course completion is accepted by the court, the
13-24 court shall:
13-25 (1) remove the judgment and dismiss the charge;
13-26 (2) report the fact that the person successfully
13-27 completed a driving safety course and the date of completion to the
14-1 Texas Department of Public Safety for inclusion in the person's
14-2 driving record; and
14-3 (3) state in this report whether the course was taken
14-4 under the procedure provided by this article to provide information
14-5 necessary to determine eligibility to take a subsequent course
14-6 under Subsection (b).
14-7 (m) The court may dismiss only one charge for each
14-8 completion of a course.
14-9 (n) A charge that is dismissed under this article may not be
14-10 part of a person's driving record or used for any purpose.
14-11 (o) An insurer delivering or issuing for delivery a motor
14-12 vehicle insurance policy in this state may not cancel or increase
14-13 the premium charged an insured under the policy because the insured
14-14 completed a driving safety course or had a charge dismissed under
14-15 this article.
14-16 (p) The court shall advise a person charged with a
14-17 misdemeanor under Subtitle C, Title 7, Transportation Code,
14-18 committed while operating a motor vehicle of the person's right
14-19 under this article to successfully complete a driving safety course
14-20 or, if the offense was committed while operating a motorcycle, a
14-21 motorcycle operator training course. The right to complete a
14-22 course does not apply to a person charged with a violation of
14-23 Section 545.066, 545.401, 545.421, 550.022, or 550.023,
14-24 Transportation Code, or serious traffic violation as defined by
14-25 Section 522.003, Transportation Code.
14-26 (q) Nothing in this article shall prevent a court from
14-27 assessing a special expense for deferred disposition in the same
15-1 manner as provided by Article 45.051. For a deferred disposition
15-2 under Subsection (b)(1), the court may only collect a fee of not
15-3 more than $10 in addition to any applicable court cost.
15-4 (b) Article 45.541, Code of Criminal Procedure, as added by
15-5 Chapter 1387, Acts of the 76th Legislature, Regular Session, 1999,
15-6 is repealed.
15-7 SECTION 3.003. Article 62.03(f), Code of Criminal Procedure,
15-8 as amended by Chapters 1415 and 1557, Acts of the 76th Legislature,
15-9 Regular Session, 1999, is amended to properly number subdivisions
15-10 to read as follows:
15-11 (f) The local law enforcement authority shall include in the
15-12 notice by publication in a newspaper the following information
15-13 only:
15-14 (1) the person's full name, age, and gender;
15-15 (2) a brief description of the offense for which the
15-16 person is subject to registration;
15-17 (3) the municipality, numeric street address or
15-18 physical address, if a numeric street address is not available, and
15-19 zip code number where the person intends to reside; [and]
15-20 (4) either a recent photograph of the person or the
15-21 Internet address of a website on which the person's photograph is
15-22 accessible free of charge; and [.]
15-23 (5) [(4)] the person's numeric risk level assigned
15-24 under this chapter and the guidelines used to determine a person's
15-25 risk level generally.
15-26 SECTION 3.004. Article 62.04(g), Code of Criminal Procedure,
15-27 as amended by Chapters 1415 and 1557, Acts of the 76th Legislature,
16-1 Regular Session, 1999, is amended to properly number subdivisions
16-2 to read as follows:
16-3 (g) The local law enforcement authority shall include in the
16-4 notice by publication in a newspaper the following information
16-5 only:
16-6 (1) the person's full name, age, and gender;
16-7 (2) a brief description of the offense for which the
16-8 person is subject to registration;
16-9 (3) the municipality, numeric street address or
16-10 physical address, if a numeric street address is not available, and
16-11 zip code number where the person intends to reside; [and]
16-12 (4) either a recent photograph of the person or the
16-13 Internet address of a website on which the person's photograph is
16-14 accessible free of charge; and [.]
16-15 (5) [(4)] the person's numeric risk level assigned
16-16 under this chapter and the guidelines used to determine a person's
16-17 risk level generally.
16-18 SECTION 3.005. Article 63.009(g), Code of Criminal Procedure,
16-19 is amended to conform to Chapter 685, Acts of the 76th Legislature,
16-20 Regular Session, 1999, to read as follows:
16-21 (g) On determining the location of a child under Subsection
16-22 (a)(1) or (2), other than a child who is subject to the continuing
16-23 jurisdiction of a district court, an officer shall [may] take
16-24 possession of the child and shall deliver or arrange for the
16-25 delivery of the child to a person entitled to possession of the
16-26 child. If the person entitled to possession of the child is not
16-27 immediately available, the law enforcement officer shall deliver
17-1 the child to the Department of Protective and Regulatory Services.
17-2 SECTION 3.006. (a) Chapter 103, Code of Criminal Procedure,
17-3 is amended to codify Article 6701d-28, Revised Statutes, by adding
17-4 Article 103.013 to read as follows:
17-5 Art. 103.013. COLLECTION FEES FOR DELINQUENT TRAFFIC FINES.
17-6 (a) In this article:
17-7 (1) "Delinquent fine" means a fine that:
17-8 (A) was imposed by judgment of a court; and
17-9 (B) has not been paid before the 31st day after
17-10 the date on which the court:
17-11 (i) found that the fine was due and owed
17-12 to a municipality or county; and
17-13 (ii) ordered the payment.
17-14 (2) "Motor vehicle misdemeanor" means a misdemeanor
17-15 violation of a statute or municipal ordinance that regulates:
17-16 (A) the parking or stopping of a motor vehicle;
17-17 (B) a driver's conduct or condition while
17-18 operating a motor vehicle; or
17-19 (C) the condition of a motor vehicle while it is
17-20 being operated.
17-21 (b) A court may collect or authorize a fee related to the
17-22 collection of a delinquent fine for a motor vehicle misdemeanor
17-23 from a person who owes the fine, in an amount equal to the lesser
17-24 of:
17-25 (1) 20 percent of the amount of the fine; or
17-26 (2) $50.
17-27 (c) This article does not apply to a delinquent fine for
18-1 parking or stopping a motor vehicle in a municipality that:
18-2 (1) has disannexed territory previously annexed for
18-3 limited purposes; and
18-4 (2) employs the practice of immobilization of motor
18-5 vehicles with a mechanical device, unless each parking meter in the
18-6 municipality accepts any coin minted by the United States that has
18-7 a value between 5 cents and 25 cents.
18-8 (d) This article does not prohibit a court, municipality, or
18-9 county from using any other lawful means to enforce a judgment.
18-10 (b) Article 6701d-28, Revised Statutes, is repealed.
18-11 ARTICLE 4. CHANGES RELATING TO
18-12 EDUCATION CODE
18-13 SECTION 4.001. (a) Section 7.055(b), Education Code, is
18-14 amended to properly place a provision amended by Chapter 1482, Acts
18-15 of the 76th Legislature, Regular Session, 1999, by adding
18-16 Subdivision (41) to read as follows:
18-17 (41) The commissioner shall adopt rules relating to
18-18 extracurricular activities under Section 33.081 and approve or
18-19 disapprove University Interscholastic League rules and procedures
18-20 under Section 33.083.
18-21 (b) Section 7.102(c)(27), Education Code, is repealed.
18-22 SECTION 4.002. Section 7.111(a), Education Code, as amended
18-23 by Chapters 76 and 1282, Acts of the 76th Legislature, Regular
18-24 Session, 1999, is reenacted to read as follows:
18-25 (a) The board shall provide for the administration of high
18-26 school equivalency examinations. A person who does not have a high
18-27 school diploma may take the examination in accordance with rules
19-1 adopted by the board if the person is:
19-2 (1) over 17 years of age;
19-3 (2) 16 years of age or older and:
19-4 (A) is enrolled in a Job Corps training program
19-5 under the Job Training Partnership Act (29 U.S.C. Section 1501 et
19-6 seq.), and its subsequent amendments; or
19-7 (B) a public agency providing supervision of the
19-8 person or having custody of the person under a court order
19-9 recommends that the person take the examination; or
19-10 (3) required to take the examination under a justice
19-11 or municipal court order issued under Section 54.021(d)(1)(B),
19-12 Family Code.
19-13 SECTION 4.003. Section 11.253(d), Education Code, as amended
19-14 by Chapters 510, 1202, and 1365, Acts of the 76th Legislature,
19-15 Regular Session, 1999, is amended to properly number subdivisions
19-16 to read as follows:
19-17 (d) Each campus improvement plan must:
19-18 (1) assess the academic achievement for each student
19-19 in the school using the academic excellence indicator system as
19-20 described by Section 39.051;
19-21 (2) set the campus performance objectives based on the
19-22 academic excellence indicator system, including objectives for
19-23 special needs populations, including students in special education
19-24 programs under Subchapter A, Chapter 29;
19-25 (3) identify how the campus goals will be met for each
19-26 student;
19-27 (4) determine the resources needed to implement the
20-1 plan;
20-2 (5) identify staff needed to implement the plan;
20-3 (6) set timelines for reaching the goals;
20-4 (7) measure progress toward the performance objectives
20-5 periodically to ensure that the plan is resulting in academic
20-6 improvement; [and]
20-7 (8) include goals and methods for violence prevention
20-8 and intervention on campus; and [.]
20-9 (9) [(8)] provide for a program to encourage parental
20-10 involvement at the campus.
20-11 SECTION 4.004. Sections 38.001-38.010, Education Code,
20-12 Section 38.011, Education Code, as added by Chapter 1086, Acts of
20-13 the 76th Legislature, Regular Session, 1999, and Section 38.012,
20-14 Education Code, are redesignated as Subchapter A, Chapter 38,
20-15 Education Code, and a heading is added to that subchapter to read
20-16 as follows:
20-17 SUBCHAPTER A. GENERAL PROVISIONS
20-18 SECTION 4.005. Section 38.011, Education Code, as added by
20-19 Chapter 1418, Acts of the 76th Legislature, Regular Session, 1999,
20-20 is redesignated as Subchapter B, Chapter 38, Education Code, and
20-21 amended to read as follows:
20-22 SUBCHAPTER B. SCHOOL-BASED HEALTH CENTERS
20-23 Sec. 38.051 [38.011]. ESTABLISHMENT OF SCHOOL-BASED HEALTH
20-24 CENTERS. (a) A school district in this state may, if the district
20-25 identifies the need, design a model in accordance with this
20-26 subchapter [section] for the delivery of cooperative health care
20-27 programs for students and their families and may compete for grants
21-1 awarded under this subchapter [section]. The model may provide for
21-2 the delivery of conventional health services and disease prevention
21-3 of emerging health threats that are specific to the district.
21-4 (b) On the recommendation of an advisory council established
21-5 under Section 38.058 [Subsection (g)], a school district may
21-6 establish a school-based health center at one or more campuses in
21-7 the district to meet the health care needs of students and their
21-8 families.
21-9 Sec. 38.052. CONTRACT FOR SERVICES. A district may contract
21-10 with a person to provide services at a school-based health center.
21-11 Sec. 38.053. PARENTAL CONSENT REQUIRED. (a) [(c)] A
21-12 school-based health center may provide services to a student only
21-13 if the district or the provider with whom the district contracts
21-14 obtains the written consent of the student's parent or[,]
21-15 guardian[,] or another [other] person having legal control of the
21-16 student on a consent form developed by the district or provider.
21-17 The student's parent or[,] guardian[,] or another [other] person
21-18 having legal control of the student may give consent for a student
21-19 to receive ongoing services or may limit consent to one or more
21-20 services provided on a single occasion.
21-21 (b) The consent form must list every service the
21-22 school-based health center delivers in a format that complies with
21-23 all applicable state and federal laws and allows a person to
21-24 consent to one or more categories of services.
21-25 Sec. 38.054. CATEGORIES OF SERVICES. The permissible
21-26 categories of services are:
21-27 (1) family and home support;
22-1 (2) health care, including immunizations;
22-2 (3) dental health care;
22-3 (4) health education; and
22-4 (5) preventive health strategies.
22-5 Sec. 38.055. USE OF GRANT FUNDS FOR REPRODUCTIVE SERVICES
22-6 PROHIBITED. [(d)] Reproductive services, counseling, or referrals
22-7 may not be provided through a school-based health center using
22-8 grant funds awarded under this subchapter [section].
22-9 Sec. 38.056. PROVISION OF CERTAIN SERVICES BY LICENSED
22-10 HEALTH CARE PROVIDER REQUIRED. Any service provided using grant
22-11 funds awarded under this subchapter must be provided by an
22-12 appropriate professional who is properly licensed, certified, or
22-13 otherwise authorized under state law to provide the service.
22-14 Sec. 38.057. IDENTIFICATION OF HEALTH-RELATED CONCERNS.
22-15 (a) [(e)] The staff of a school-based health center and the person
22-16 whose consent is obtained under Section 38.053 [Subsection (c)]
22-17 shall jointly identify any health-related concerns of a student
22-18 that may be interfering with the student's well-being or ability to
22-19 succeed in school.
22-20 (b) [(f)] If it is determined that a student is in need of a
22-21 referral for mental health services, the staff of the center shall
22-22 notify the person whose consent is required under Section 38.053
22-23 [Subsection (c)] verbally and in writing of the basis for the
22-24 referral. The referral may not be provided unless the person
22-25 provides written consent for the type of service to be provided and
22-26 provides specific written consent for each treatment occasion.
22-27 Sec. 38.058. HEALTH EDUCATION AND HEALTH CARE ADVISORY
23-1 COUNCIL. (a) [(g)] The board of trustees of a school district may
23-2 establish and appoint members to a local health education and
23-3 health care advisory council to make recommendations to the
23-4 district on the establishment of school-based health centers and to
23-5 assist the district in ensuring that local community values are
23-6 reflected in the operation of each center and in the provision of
23-7 health education.
23-8 (b) A majority of the members of the council must be parents
23-9 of students enrolled in the district. In addition to the
23-10 appointees who are parents of students, the board of trustees shall
23-11 also appoint at least one person from each of the following groups:
23-12 (1) teachers;
23-13 (2) school administrators;
23-14 (3) licensed health care professionals;
23-15 (4) the clergy;
23-16 (5) law enforcement;
23-17 (6) the business community;
23-18 (7) senior citizens; and
23-19 (8) students.
23-20 Sec. 38.059. ASSISTANCE OF PUBLIC HEALTH AGENCY.
23-21 (a) [(h)] A school district may seek assistance in establishing
23-22 and operating a school-based health center from any public health
23-23 agency in the community. On request, a public health agency shall
23-24 cooperate with a district and to the extent practicable,
23-25 considering the resources of the agency, may provide assistance.
23-26 (b) A district and a public health agency may, by agreement,
23-27 jointly establish, operate, and fund a school-based health center.
24-1 Sec. 38.060. COORDINATION WITH EXISTING PROVIDERS IN CERTAIN
24-2 AREAS. (a) This section applies only to a school-based health
24-3 center serving an area that:
24-4 (1) is located in a county with a population not
24-5 greater than 50,000; or
24-6 (2) has been designated under state or federal law as:
24-7 (A) a health professional shortage area;
24-8 (B) a medically underserved area; or
24-9 (C) a medically underserved community by the
24-10 Center for Rural Health Initiatives.
24-11 (b) [(i)] If a school-based health center is located in an
24-12 area described by Subsection (a) [(j)], the school district and the
24-13 advisory council established under Section 38.058 [Subsection (g)]
24-14 shall make a good faith effort to identify and coordinate with
24-15 existing providers to preserve and protect existing health care
24-16 systems and medical relationships in the area.
24-17 (c) The council shall keep a record of efforts made to
24-18 coordinate with existing providers.
24-19 Sec. 38.061. COMMUNICATION WITH PRIMARY CARE PHYSICIAN.
24-20 (a) [(j) The requirements prescribed by Subsection (i) apply only
24-21 to a school-based health center serving an area that:]
24-22 [(1) is located in a county with a population not
24-23 greater than 50,000; or]
24-24 [(2) has been designated under state or federal law
24-25 as:]
24-26 [(A) a health professional shortage area;]
24-27 [(B) a medically underserved area; or]
25-1 [(C) a medically underserved community by the
25-2 Center for Rural Health Initiatives.]
25-3 [(k)] If a person receiving a medical service from a
25-4 school-based health center has a primary care physician, the staff
25-5 of the center shall provide notice of the service the person
25-6 received to the primary care physician in order to allow the
25-7 physician to maintain a complete medical history of the person.
25-8 (b) [(l)] The staff of a school-based health center shall,
25-9 before delivering a medical service to a person with a primary care
25-10 physician under the state Medicaid program, a state children's
25-11 health plan program, or a private health insurance or health
25-12 benefit plan, notify the physician for the purpose of sharing
25-13 medical information and obtaining authorization for delivering the
25-14 medical service.
25-15 Sec. 38.062. FUNDING FOR PROVISION OF SERVICES. [(m)] A
25-16 school district or the provider with whom the district contracts
25-17 shall seek all available sources of funding to compensate the
25-18 district or provider for services provided by a school-based health
25-19 center, including money available under the state Medicaid program,
25-20 a state children's health plan program, or private health insurance
25-21 or health benefit plans[,] or available from [the ability of] those
25-22 persons using a school-based health center who have the ability
25-23 [clinic] to pay for the services.
25-24 Sec. 38.063. GRANTS. (a) [(n)] Subject to the availability
25-25 of federal or state appropriated funds, the commissioner of public
25-26 health shall administer a program under which grants are awarded to
25-27 assist school districts with the costs of operating school-based
26-1 health centers in accordance with this section.
26-2 (b) The commissioner of public health, by rules adopted in
26-3 accordance with this section, shall establish procedures for
26-4 awarding grants. The rules must provide that:
26-5 (1) grants are awarded to school districts on an
26-6 annual basis through a competitive process; and
26-7 (2) a preference is given to school districts that are
26-8 located in rural areas or that have low property wealth per
26-9 student.
26-10 (c) All health care programs should be designed to meet the
26-11 following goals:
26-12 (1) reducing student absenteeism;
26-13 (2) increasing a student's ability to meet the
26-14 student's academic potential; and
26-15 (3) stabilizing the physical well-being of a student.
26-16 (d) [(o)] A school district may not receive more than
26-17 $250,000 per biennium through grants awarded under this section.
26-18 (e) To be eligible to receive a grant, a district must
26-19 provide matching funds in accordance with rules adopted under
26-20 Subsection (b) [(n)]. The matching funds may be obtained from any
26-21 source available to the district, including in-kind contributions,
26-22 community or foundation grants, individual contributions, and local
26-23 governmental agency operating funds.
26-24 (f) [(p) The rules adopted under Subsection (n) must provide
26-25 that:]
26-26 [(1) grants are awarded to school districts on an
26-27 annual basis through a competitive process; and]
27-1 [(2) a preference is given to school districts that
27-2 are located in rural areas or that have low property wealth per
27-3 student.]
27-4 [(q)] The commissioner of public health shall adopt rules
27-5 establishing standards for health care centers funded through
27-6 grants that place primary emphasis on delivery of health services
27-7 and secondary emphasis on population-based models that prevent
27-8 emerging health threats.
27-9 (g) The commissioner of public health shall require client
27-10 surveys to be conducted in school-based health centers funded
27-11 through grants awarded under this section, and the results of those
27-12 surveys must be included in the annual report required under
27-13 Section 38.064.
27-14 Sec. 38.064. REPORT TO LEGISLATURE. (a) [(r) All programs
27-15 should be designed to meet the following goals:]
27-16 [(1) reducing student absenteeism;]
27-17 [(2) increasing a student's ability to meet the
27-18 student's academic potential; and]
27-19 [(3) stabilizing the physical well-being of a student.]
27-20 [(s)] Based on statistics obtained from every school-based
27-21 health center in this state, the commissioner of public health
27-22 shall issue an annual report to the legislature about the relative
27-23 efficacy of services delivered by school-based health centers and
27-24 any increased academic success of students at campuses served by
27-25 those centers, with special emphasis on any:
27-26 (1) increased attendance;[,]
27-27 (2) decreased drop-out rates;[,]
28-1 (3) improved student health;[,] and
28-2 (4) improved performance on student assessment
28-3 instruments administered under Subchapter B, Chapter 39.
28-4 (b) In obtaining statistics for preparation of the report
28-5 required by this section [subsection], the commissioner of public
28-6 health shall ensure that data is collected for each county and
28-7 aggregated appropriately according to geographical region.
28-8 [(t) The commissioner of public health shall require client
28-9 surveys to be conducted in school-based health centers funded
28-10 through grants provided under this section, and the results of
28-11 those surveys must be included in the annual report required under
28-12 Subsection (s).]
28-13 SECTION 4.006. Section 39.024(b), Education Code, as amended
28-14 by Chapters 396 and 397, Acts of the 76th Legislature, Regular
28-15 Session, 1999, is reenacted to read as follows:
28-16 (b) Each school district shall offer an intensive program of
28-17 instruction for students who did not perform satisfactorily on an
28-18 assessment instrument administered under this subchapter. The
28-19 intensive programs for students who did not perform satisfactorily
28-20 on an assessment instrument under Section 39.023(a), (c), or (l)
28-21 shall be designed to enable those students to be performing at
28-22 grade level at the conclusion of the next regular school term or to
28-23 attain a standard of annual growth specified by the agency and, if
28-24 applicable, to carry out the purposes of Section 28.0211. The
28-25 intensive programs for students who did not perform satisfactorily
28-26 on an assessment instrument under Section 39.023(b) shall be
28-27 designed by each student's admission, review, and dismissal
29-1 committee to enable the student to attain a standard of annual
29-2 growth on the basis of the student's individualized education
29-3 program and, if applicable, to carry out the purposes of Section
29-4 28.0211.
29-5 SECTION 4.007. Section 39.051(b), Education Code, as amended
29-6 by Chapters 396, 397, and 1422, Acts of the 76th Legislature,
29-7 Regular Session, 1999, is reenacted to read as follows:
29-8 (b) Performance on the indicators adopted under this section
29-9 shall be compared to state-established standards. The degree of
29-10 change from one school year to the next in performance on each
29-11 indicator adopted under this section shall also be considered. The
29-12 indicators must be based on information that is disaggregated with
29-13 respect to race, ethnicity, sex, and socioeconomic status and must
29-14 include:
29-15 (1) the results of assessment instruments required
29-16 under Sections 39.023(a), (c), and (l), aggregated by grade level
29-17 and subject area;
29-18 (2) dropout rates;
29-19 (3) student attendance rates;
29-20 (4) the percentage of graduating students who attain
29-21 scores on the secondary exit-level assessment instruments required
29-22 under Subchapter B that are equivalent to a passing score on the
29-23 test instrument required under Section 51.306;
29-24 (5) the percentage of graduating students who meet the
29-25 course requirements established for the recommended high school
29-26 program by State Board of Education rule;
29-27 (6) the results of the Scholastic Assessment Test
30-1 (SAT), the American College Test, articulated postsecondary degree
30-2 programs described by Section 61.852, and certified workforce
30-3 training programs described by Chapter 311, Labor Code;
30-4 (7) the number of students, aggregated by grade level,
30-5 provided accelerated instruction under Section 28.0211(c), the
30-6 results of assessments administered under that section, the number
30-7 of students promoted through the grade placement committee process
30-8 under Section 28.0211, the subject of the assessment instrument on
30-9 which each student failed to perform satisfactorily, and the
30-10 performance of those students in the school year following that
30-11 promotion on the assessment instruments required under Section
30-12 39.023;
30-13 (8) for students who have failed to perform
30-14 satisfactorily on an assessment instrument required under Section
30-15 39.023(a) or (c), the numerical progress of those students on
30-16 subsequent assessment instruments required under those sections,
30-17 aggregated by grade level and subject area;
30-18 (9) the percentage of students exempted, by exemption
30-19 category, from the assessment program generally applicable under
30-20 this subchapter; and
30-21 (10) any other indicator the State Board of Education
30-22 adopts.
30-23 SECTION 4.008. Section 39.051(d), Education Code, as amended
30-24 by Chapters 396 and 397, Acts of the 76th Legislature, Regular
30-25 Session, 1999, is reenacted to read as follows:
30-26 (d) Annually, the commissioner shall define exemplary,
30-27 recognized, and unacceptable performance for each academic
31-1 excellence indicator included under Subsections (b)(1) through (6)
31-2 and shall project the standards for each of those levels of
31-3 performance for succeeding years. For the indicator under
31-4 Subsection (b)(7), the commissioner shall define exemplary,
31-5 recognized, and unacceptable performance based on student
31-6 performance for the period covering both the current and preceding
31-7 academic years. In defining exemplary, recognized, and
31-8 unacceptable performance for the indicators under Subsections
31-9 (b)(2) and (3), the commissioner may not consider as a dropout or
31-10 as a student who has failed to attend school a student whose
31-11 failure to attend school results from:
31-12 (1) the student's expulsion under Section 37.007; and
31-13 (2) as applicable:
31-14 (A) adjudication as having engaged in delinquent
31-15 conduct or conduct indicating a need for supervision, as defined by
31-16 Section 51.03, Family Code; or
31-17 (B) conviction of and sentencing for an offense
31-18 under the Penal Code.
31-19 SECTION 4.009. Section 39.052(b), Education Code, as amended
31-20 by Chapters 396 and 1514, Acts of the 76th Legislature, Regular
31-21 Session, 1999, is reenacted to read as follows:
31-22 (b) The report card shall include the following information
31-23 where applicable:
31-24 (1) the academic excellence indicators adopted under
31-25 Sections 39.051(b)(1) through (9);
31-26 (2) average class size by grade level and subject; and
31-27 (3) administrative and instructional costs per
32-1 student.
32-2 SECTION 4.010. Section 39.053, Education Code, as amended by
32-3 Chapters 510 and 1417, Acts of the 76th Legislature, Regular
32-4 Session, 1999, is reenacted and amended to read as follows:
32-5 Sec. 39.053. PERFORMANCE REPORT. (a) Each board of trustees
32-6 shall publish an annual report describing the educational
32-7 performance of the district and of each campus in the district that
32-8 includes uniform student performance and descriptive information as
32-9 determined under rules adopted by the commissioner. The annual
32-10 report must also include:
32-11 (1) campus performance objectives established under
32-12 Section 11.253 and the progress of each campus toward those
32-13 objectives, which shall be available to the public;
32-14 (2) the performance rating for the district as
32-15 provided under Section 39.072(a) and the performance rating of each
32-16 campus in the district as provided under Section 39.072(c); [and]
32-17 (3) the district's current special education
32-18 compliance status with the agency;
32-19 (4) [. In addition, the annual report must include] a
32-20 statement of the number, rate, and type of violent or criminal
32-21 incidents that occurred on each district campus, to the extent
32-22 permitted under the Family Educational Rights and Privacy Act of
32-23 1974 (20 U.S.C. Section 1232g);
32-24 (5) [,] information concerning school violence
32-25 prevention and violence intervention policies and procedures that
32-26 the district is using to protect students; [,] and
32-27 (6) the findings that result from evaluations
33-1 conducted under the Safe and Drug-Free Schools and Communities Act
33-2 of 1994 (20 U.S.C. Section 7101 et seq.) and its subsequent
33-3 amendments.
33-4 (b) Supplemental information to be included in the reports
33-5 shall be determined by the board of trustees. Performance
33-6 information in the annual reports on the indicators established
33-7 under Section 39.051 and descriptive information required by this
33-8 section shall be provided by the agency.
33-9 (c) [(b)] The board of trustees shall hold a hearing for
33-10 public discussion of the report. The board of trustees shall give
33-11 notice of the hearing to property owners in the district and
33-12 parents, guardians, conservators, and other persons having lawful
33-13 control of a district student. The notification must include
33-14 notice to a newspaper of general circulation in the district and
33-15 notice to electronic media serving the district. After the hearing
33-16 the report shall be widely disseminated within the district in a
33-17 manner to be determined under rules adopted by the commissioner.
33-18 (d) [(c)] The report must also include a comparison provided
33-19 by the agency of:
33-20 (1) the performance of each campus to its previous
33-21 performance and to state-established standards;
33-22 (2) the performance of each district to its previous
33-23 performance and to state-established standards; and
33-24 (3) the performance of each campus or district to
33-25 comparable improvement.
33-26 (e) [(d)] The report may include the following information:
33-27 (1) student information, including total enrollment,
34-1 enrollment by ethnicity, economic status, and grade groupings and
34-2 retention rates;
34-3 (2) financial information, including revenues and
34-4 expenditures;
34-5 (3) staff information, including number and type of
34-6 staff by sex, ethnicity, years of experience, and highest degree
34-7 held, teacher and administrator salaries, and teacher turnover;
34-8 (4) program information, including student enrollment
34-9 by program, teachers by program, and instructional operating
34-10 expenditures by program; and
34-11 (5) the number of students placed in an alternative
34-12 education program under Chapter 37.
34-13 (f) [(e)] The State Board of Education by rule shall
34-14 authorize the combination of this report with other reports and
34-15 financial statements and shall restrict the number and length of
34-16 reports that school districts, school district employees, and
34-17 school campuses are required to prepare.
34-18 (g) [(f)] The report must include a statement of the amount,
34-19 if any, of the school district's unencumbered surplus fund balance
34-20 as of the last day of the preceding fiscal year and the percentage
34-21 of the preceding year's budget that the surplus represents.
34-22 SECTION 4.011. Section 39.072(b), Education Code, as amended
34-23 by Chapters 396 and 1417, Acts of the 76th Legislature, Regular
34-24 Session, 1999, is reenacted to read as follows:
34-25 (b) The academic excellence indicators adopted under
34-26 Sections 39.051(b)(1) through (7) and the district's current
34-27 special education compliance status with the agency shall be the
35-1 main considerations of the agency in the rating of the district
35-2 under this section. Additional criteria in the rules may include
35-3 consideration of:
35-4 (1) compliance with statutory requirements and
35-5 requirements imposed by rule of the State Board of Education under
35-6 specific statutory authority that relate to:
35-7 (A) reporting data through the Public Education
35-8 Information Management System (PEIMS);
35-9 (B) the high school graduation requirements
35-10 under Section 28.025; or
35-11 (C) an item listed in Sections
35-12 7.056(e)(3)(C)-(I) that applies to the district; and
35-13 (2) the effectiveness of the district's programs for
35-14 special populations.
35-15 SECTION 4.012. Section 61.785, Education Code, as added by
35-16 Chapter 174, Acts of the 74th Legislature, Regular Session, 1995,
35-17 is transferred to Subchapter F, Chapter 51, Education Code, and
35-18 renumbered as Section 51.309 of that subchapter.
35-19 SECTION 4.013. Section 107.66, Education Code, is amended to
35-20 correct a reference to the State Board of Control to read as
35-21 follows:
35-22 Sec. 107.66. REQUISITION OF FURNISHINGS, EQUIPMENT, ETC.
35-23 The board may make requisition to the General Services Commission
35-24 [State Board of Control] for furniture, furnishings, equipment, and
35-25 appointments required for the proper use and enjoyment of
35-26 improvements erected by the board, and the General Services
35-27 Commission [State Board of Control] may purchase and pay for the
36-1 furnishings, equipment, and appointments.
36-2 ARTICLE 4A. CHANGES RELATING TO ELECTION CODE
36-3 SECTION 4A.001. Section 254.041(c), Election Code, is amended
36-4 to correct a reference to read as follows:
36-5 (c) A violation of Subsection (a)(3) [(a)(2)] by a candidate
36-6 or officeholder is a Class A misdemeanor if the report fails to
36-7 include information required by Section 254.061(3) or Section
36-8 254.091(2), as applicable.
36-9 ARTICLE 5. CHANGES RELATING TO FAMILY CODE
36-10 SECTION 5.001. Section 54.04, Family Code, as amended by
36-11 Chapters 1193, 1415, 1448, and 1477, Acts of the 76th Legislature,
36-12 Regular Session, 1999, is reenacted and amended to read as follows:
36-13 Sec. 54.04. DISPOSITION HEARING. (a) The disposition
36-14 hearing shall be separate, distinct, and subsequent to the
36-15 adjudication hearing. There is no right to a jury at the
36-16 disposition hearing unless the child is in jeopardy of a
36-17 determinate sentence under Subsection (d)(3) or (m) of this
36-18 section, in which case, the child is entitled to a jury of 12
36-19 persons to determine the sentence.
36-20 (b) At the disposition hearing, the juvenile court may
36-21 consider written reports from probation officers, professional
36-22 court employees, or professional consultants in addition to the
36-23 testimony of witnesses. Prior to the disposition hearing, the
36-24 court shall provide the attorney for the child with access to all
36-25 written matter to be considered in disposition. The court may
36-26 order counsel not to reveal items to the child or his parent,
36-27 guardian, or guardian ad litem if such disclosure would materially
37-1 harm the treatment and rehabilitation of the child or would
37-2 substantially decrease the likelihood of receiving information from
37-3 the same or similar sources in the future.
37-4 (c) No disposition may be made under this section unless the
37-5 child is in need of rehabilitation or the protection of the public
37-6 or the child requires that disposition be made. If the court or
37-7 jury does not so find, the court shall dismiss the child and enter
37-8 a final judgment without any disposition. No disposition placing
37-9 the child on probation outside the child's home may be made under
37-10 this section unless the court or jury finds that the child, in the
37-11 child's home, cannot be provided the quality of care and level of
37-12 support and supervision that the child needs to meet the conditions
37-13 of the probation.
37-14 (d) If the court or jury makes the finding specified in
37-15 Subsection (c) allowing the court to make a disposition in the
37-16 case:
37-17 (1) the court or jury may, in addition to any order
37-18 required or authorized under Section 54.041 or 54.042, place the
37-19 child on probation on such reasonable and lawful terms as the court
37-20 may determine:
37-21 (A) in his own home or in the custody of a
37-22 relative or other fit person; or
37-23 (B) subject to the finding under Subsection (c)
37-24 on the placement of the child outside the child's home, in:
37-25 (i) a suitable foster home; or
37-26 (ii) a suitable public or private
37-27 institution or agency, except the Texas Youth Commission;
38-1 (2) if the court or jury found at the conclusion of
38-2 the adjudication hearing that the child engaged in delinquent
38-3 conduct that violates a penal law of this state or the United
38-4 States of the grade of felony or, if the requirements of Subsection
38-5 (s) [(q)] are met, of the grade of misdemeanor, and if the petition
38-6 was not approved by the grand jury under Section 53.045, the court
38-7 may commit the child to the Texas Youth Commission without a
38-8 determinate sentence;
38-9 (3) if the court or jury found at the conclusion of
38-10 the adjudication hearing that the child engaged in delinquent
38-11 conduct that included a violation of a penal law listed in Section
38-12 53.045(a) and if the petition was approved by the grand jury under
38-13 Section 53.045, the court or jury may sentence the child to
38-14 commitment in the Texas Youth Commission with a possible transfer
38-15 to the institutional division or the pardons and paroles division
38-16 of the Texas Department of Criminal Justice for a term of:
38-17 (A) not more than 40 years if the conduct
38-18 constitutes:
38-19 (i) a capital felony;
38-20 (ii) a felony of the first degree; or
38-21 (iii) an aggravated controlled substance
38-22 felony;
38-23 (B) not more than 20 years if the conduct
38-24 constitutes a felony of the second degree; or
38-25 (C) not more than 10 years if the conduct
38-26 constitutes a felony of the third degree;
38-27 (4) the court may assign the child an appropriate
39-1 sanction level and sanctions as provided by the assignment
39-2 guidelines in Section 59.003; or
39-3 (5) if applicable, the court or jury may make a
39-4 disposition under Subsection (m).
39-5 (e) The Texas Youth Commission shall accept a person
39-6 properly committed to it by a juvenile court even though the person
39-7 may be 17 years of age or older at the time of commitment.
39-8 (f) The court shall state specifically in the order its
39-9 reasons for the disposition and shall furnish a copy of the order
39-10 to the child. If the child is placed on probation, the terms of
39-11 probation shall be written in the order.
39-12 (g) If the court orders a disposition under Subsection
39-13 (d)(3) or (m) of this section and there is an affirmative finding
39-14 that the defendant used or exhibited a deadly weapon during the
39-15 commission of the conduct or during immediate flight from
39-16 commission of the conduct, the court shall enter the finding in the
39-17 order. If there is an affirmative finding that the deadly weapon
39-18 was a firearm, the court shall enter that finding in the order.
39-19 (h) At the conclusion of the dispositional hearing, the
39-20 court shall inform the child of:
39-21 (1) the child's right to appeal, as required by
39-22 Section 56.01 of this code; and
39-23 (2) the procedures for the sealing of the child's
39-24 records under Section 58.003 of this code.
39-25 (i) If the court places the child on probation outside the
39-26 child's home or commits the child to the Texas Youth Commission,
39-27 the court shall include in its order its determination that:
40-1 (1) it is in the child's best interests to be placed
40-2 outside the child's home;
40-3 (2) reasonable efforts were made to prevent or
40-4 eliminate the need for the child's removal from the home and to
40-5 make it possible for the child to return to the child's home; and
40-6 (3) the child, in the child's home, cannot be provided
40-7 the quality of care and level of support and supervision that the
40-8 child needs to meet the conditions of probation.
40-9 (j) If the court or jury found that the child engaged in
40-10 delinquent conduct that included a violation of a penal law of the
40-11 grade of felony, the court:
40-12 (1) shall require that the child's thumbprint be
40-13 affixed to the order; and
40-14 (2) may require that a photograph of the child be
40-15 attached to the order.
40-16 (k) Except as provided by Subsection (m), the period to
40-17 which a court or jury may sentence a person to commitment to the
40-18 Texas Youth Commission with a transfer to the Texas Department of
40-19 Criminal Justice under Subsection (d)(3) of this section applies
40-20 without regard to whether the person has previously been
40-21 adjudicated as having engaged in delinquent conduct.
40-22 (l) Except as provided by Subsection (q), a court or jury
40-23 may place a child on probation under Subsection (d)(1) for any
40-24 period, except that probation may not continue on or after the
40-25 child's 18th birthday. Except as provided by Subsection (q), the
40-26 court may, before the period of probation ends, extend the
40-27 probation for any period, except that the probation may not extend
41-1 to or after the child's 18th birthday.
41-2 (m) The court or jury may sentence a child adjudicated for
41-3 habitual felony conduct as described by Section 51.031 to a term
41-4 prescribed by Subsection (d)(3) and applicable to the conduct
41-5 adjudicated in the pending case if:
41-6 (1) a petition was filed and approved by a grand jury
41-7 under Section 53.045 alleging that the child engaged in habitual
41-8 felony conduct; and
41-9 (2) the court or jury finds beyond a reasonable doubt
41-10 that the allegation described by Subdivision (1) in the grand jury
41-11 petition is true.
41-12 (n) A court may order a disposition of secure confinement of
41-13 a status offender adjudicated for violating a valid court order
41-14 only if:
41-15 (1) before the order is issued, the child received the
41-16 full due process rights guaranteed by the Constitution of the
41-17 United States or the Texas Constitution; and
41-18 (2) the juvenile probation department in a report
41-19 authorized by Subsection (b):
41-20 (A) reviewed the behavior of the child and the
41-21 circumstances under which the child was brought before the court;
41-22 (B) determined the reasons for the behavior that
41-23 caused the child to be brought before the court; and
41-24 (C) determined that all dispositions, including
41-25 treatment, other than placement in a secure detention facility or
41-26 secure correctional facility, have been exhausted or are clearly
41-27 inappropriate.
42-1 (o) A status offender may not, under any circumstances, be
42-2 committed to the Texas Youth Commission for engaging in conduct
42-3 that would not, under state or local law, be a crime if committed
42-4 by an adult.
42-5 (p) Except as provided by Subsection (l), a court that
42-6 places a child on probation under Subsection (d)(1) for conduct
42-7 described by Section 54.0405(b) and punishable as a felony shall
42-8 specify a minimum probation period of two years.
42-9 (q) If a court or jury sentences a child to commitment in
42-10 the Texas Youth Commission under Subsection (d)(3) for a term of
42-11 not more than 10 years, the court or jury may place the child on
42-12 probation under Subsection (d)(1) as an alternative to making the
42-13 disposition under Subsection (d)(3). The court shall prescribe the
42-14 period of probation ordered under this subsection for a term of not
42-15 more than 10 years. The court may, before the sentence of
42-16 probation expires, extend the probationary period under Section
42-17 54.05, except that the sentence of probation and any extension may
42-18 not exceed 10 years. The court may, before the child's 18th
42-19 birthday, discharge the child from the sentence of probation. If a
42-20 sentence of probation ordered under this subsection and any
42-21 extension of probation ordered under Section 54.05 will continue
42-22 after the child's 18th birthday, the court shall discharge the
42-23 child from the sentence of probation on the child's 18th birthday
42-24 unless the court transfers the child to an appropriate district
42-25 court under Section 54.051.
42-26 (r) [(q)] If the judge orders a disposition under this
42-27 section and there is an affirmative finding that the victim or
43-1 intended victim was younger than 17 years of age at the time of the
43-2 conduct, the judge shall enter the finding in the order.
43-3 (s) [(q)] The court may make a disposition under Subsection
43-4 (d)(2) for delinquent conduct that violates a penal law of the
43-5 grade of misdemeanor if:
43-6 (1) the child has been adjudicated as having engaged
43-7 in delinquent conduct violating a penal law of the grade of felony
43-8 or misdemeanor on at least two previous occasions;
43-9 (2) of the previous adjudications, the conduct that
43-10 was the basis for one of the adjudications occurred after the date
43-11 of another previous adjudication; and
43-12 (3) the conduct that is the basis of the current
43-13 adjudication occurred after the date of at least two previous
43-14 adjudications.
43-15 SECTION 5.002. (a) Section 54.05(j), Family Code, as added
43-16 by Chapter 1448, Acts of the 76th Legislature, Regular Session,
43-17 1999, is redesignated as Section 54.05(k), Family Code.
43-18 (b) Section 54.05(f), Family Code, as amended by Chapters
43-19 1448 and 1477, Acts of the 76th Legislature, Regular Session, 1999,
43-20 is reenacted and amended to read as follows:
43-21 (f) Except as provided by Subsection (j), a disposition
43-22 based on a finding that the child engaged in delinquent conduct
43-23 that violates a penal law of this state or the United States of the
43-24 grade of felony or, if the requirements of Subsection (k) [(j)] are
43-25 met, of the grade of misdemeanor, may be modified so as to commit
43-26 the child to the Texas Youth Commission if the court after a
43-27 hearing to modify disposition finds by a preponderance of the
44-1 evidence that the child violated a reasonable and lawful order of
44-2 the court. A disposition based on a finding that the child engaged
44-3 in habitual felony conduct as described by Section 51.031 or in
44-4 delinquent conduct that included a violation of a penal law listed
44-5 in Section 53.045(a) may be modified to commit the child to the
44-6 Texas Youth Commission with a possible transfer to the
44-7 institutional division or the pardons and paroles division of the
44-8 Texas Department of Criminal Justice for a definite term prescribed
44-9 by Section 54.04(d)(3) if the original petition was approved by the
44-10 grand jury under Section 53.045 and if after a hearing to modify
44-11 the disposition the court finds that the child violated a
44-12 reasonable and lawful order of the court.
44-13 (c) Section 54.05(g), Family Code, as amended by Chapters
44-14 1448 and 1477, Acts of the 76th Legislature, Regular Session, 1999,
44-15 is reenacted to read as follows:
44-16 (g) Except as provided by Subsection (j), a disposition
44-17 based solely on a finding that the child engaged in conduct
44-18 indicating a need for supervision may not be modified to commit the
44-19 child to the Texas Youth Commission. A new finding in compliance
44-20 with Section 54.03 must be made that the child engaged in
44-21 delinquent conduct that meets the requirements for commitment under
44-22 Section 54.04.
44-23 SECTION 5.0025. Section 109.003(a), Family Code, is amended
44-24 to correct a reference to read as follows:
44-25 (a) If the party requesting a statement of facts in an
44-26 appeal of a suit has filed an affidavit stating the party's
44-27 inability to pay costs as provided by Rule 20 [40], Texas Rules of
45-1 Appellate Procedure, and the affidavit is approved by the trial
45-2 court, the trial court may order the county in which the trial was
45-3 held to pay the costs of preparing the statement of facts.
45-4 SECTION 5.0026. Section 159.611(e), Family Code, is repealed
45-5 because it duplicates Section 159.614, Family Code.
45-6 SECTION 5.003. Section 261.101(b), Family Code, as amended by
45-7 Section 6.29, Chapter 62, Acts of the 76th Legislature, Regular
45-8 Session, 1999, is reenacted to conform with the intent of Section
45-9 1, Chapter 162, and Section 65, Chapter 1022, Acts of the 75th
45-10 Legislature, Regular Session, 1997, to read as follows:
45-11 (b) If a professional has cause to believe that a child has
45-12 been abused or neglected or may be abused or neglected, or that a
45-13 child is a victim of an offense under Section 21.11, Penal Code,
45-14 and the professional has cause to believe that the child has been
45-15 abused as defined by Section 261.001, the professional shall make a
45-16 report not later than the 48th hour after the hour the professional
45-17 first suspects that the child has been or may be abused or
45-18 neglected or is a victim of an offense under Section 21.11, Penal
45-19 Code. A professional may not delegate to or rely on another person
45-20 to make the report. In this subsection, "professional" means an
45-21 individual who is licensed or certified by the state or who is an
45-22 employee of a facility licensed, certified, or operated by the
45-23 state and who, in the normal course of official duties or duties
45-24 for which a license or certification is required, has direct
45-25 contact with children. The term includes teachers, nurses,
45-26 doctors, day-care employees, employees of a clinic or health care
45-27 facility that provides reproductive services, juvenile probation
46-1 officers, and juvenile detention or correctional officers.
46-2 ARTICLE 6. CHANGES RELATING TO
46-3 FINANCE CODE
46-4 PART 1. CHANGES RELATING TO MULTISTATE
46-5 TRUST BUSINESS
46-6 SECTION 6.001. (a) Subtitle F, Title 3, Finance Code, is
46-7 amended to codify Chapter 9, Texas Trust Company Act (Article
46-8 342a-9.001 et seq., Vernon's Texas Civil Statutes), by adding
46-9 Chapter 187 to read as follows:
46-10 CHAPTER 187. MULTISTATE TRUST BUSINESS
46-11 SUBCHAPTER A. GENERAL PROVISIONS
46-12 Sec. 187.001. DEFINITIONS. (a) In this chapter:
46-13 (1) "Acquire" means an act that results in direct or
46-14 indirect control by an out-of-state trust company of a state trust
46-15 institution, including an act that causes the company to:
46-16 (A) merge with the state trust institution;
46-17 (B) assume direct or indirect ownership of a
46-18 controlling interest in any class of voting shares of the state
46-19 trust institution; or
46-20 (C) assume direct ownership or control of all or
46-21 substantially all of the accounts of a state trust institution.
46-22 (2) "Bank" means:
46-23 (A) a state bank chartered under Chapter 32 or
46-24 the laws of another state;
46-25 (B) a national bank chartered under federal law;
46-26 or
46-27 (C) a foreign bank that is organized under the
47-1 laws of a territory of the United States, Puerto Rico, Guam,
47-2 American Samoa, or the Virgin Islands and that has its deposits
47-3 insured by the Federal Deposit Insurance Corporation.
47-4 (3) "Branch" has the meaning assigned by Section
47-5 31.002(a).
47-6 (4) "Credit union" means a credit union chartered
47-7 under Chapter 122, the laws of another state, or federal law.
47-8 (5) "De novo trust office" means a trust office
47-9 located in a host state that:
47-10 (A) is originally established by a trust company
47-11 as a trust office; and
47-12 (B) does not become a trust office of the trust
47-13 company as a result of an acquisition or conversion of another
47-14 trust institution.
47-15 (6) "Foreign bank" has the meaning assigned by Section
47-16 1(b)(7), International Banking Act (12 U.S.C. Section 3101(7)), as
47-17 amended.
47-18 (7) "Home state" means:
47-19 (A) with respect to a federally chartered trust
47-20 institution or a foreign bank, the state in which the institution
47-21 maintains its principal office; and
47-22 (B) with respect to another trust institution,
47-23 the state that chartered the institution.
47-24 (8) "Home state regulator" means the supervisory
47-25 agency with primary responsibility for chartering and supervising a
47-26 trust company.
47-27 (9) "Host state" means a state, other than the home
48-1 state of a trust company, or a foreign country in which the trust
48-2 company maintains or seeks to acquire or establish an office.
48-3 (10) "Office" means, with respect to a trust company,
48-4 the principal office, a trust office, or a representative trust
48-5 office.
48-6 (11) "Out-of-state trust company" means a trust
48-7 company:
48-8 (A) whose home state is another state; or
48-9 (B) that is chartered under the laws of a
48-10 foreign country.
48-11 (12) "Principal office" means:
48-12 (A) with respect to a state trust company, its
48-13 home office as defined by Section 181.002(a); and
48-14 (B) with respect to a bank, savings bank,
48-15 savings association, foreign bank, or out-of-state trust company,
48-16 its main office or principal place of business in the United
48-17 States.
48-18 (13) "Representative trust office" means an office at
48-19 which a trust company has been authorized by the banking
48-20 commissioner to engage in activities other than acting as a
48-21 fiduciary as provided by Subchapter C.
48-22 (14) "Savings association" means a savings and loan
48-23 association chartered under Chapter 62, the laws of another state,
48-24 or federal law.
48-25 (15) "Savings bank" means a savings bank chartered
48-26 under Chapter 92, the laws of another state, or federal law.
48-27 (16) "State" means any state of the United States, the
49-1 District of Columbia, any territory of the United States, Puerto
49-2 Rico, Guam, American Samoa, the Trust Territory of the Pacific
49-3 Islands, the Virgin Islands, and the Northern Mariana Islands.
49-4 (17) "State trust institution" means a trust
49-5 institution whose home state is this state.
49-6 (18) "Supervisory agency" means:
49-7 (A) an agency of another state or a foreign
49-8 country with primary responsibility for chartering and supervising
49-9 a trust institution; and
49-10 (B) with respect to a federally chartered trust
49-11 institution or foreign bank, the Office of the Comptroller of the
49-12 Currency, the Federal Deposit Insurance Corporation, the Board of
49-13 Governors of the Federal Reserve System, the Office of Thrift
49-14 Supervision, or the National Credit Union Administration, as
49-15 applicable.
49-16 (19) "Trust company" means a state trust company or a
49-17 company chartered under the laws of another state or a foreign
49-18 country to conduct a trust business that is not a bank, credit
49-19 union, savings association, savings bank, or foreign bank.
49-20 (20) "Trust institution" means a bank, credit union,
49-21 foreign bank, savings association, savings bank, or trust company
49-22 that is authorized by its charter to conduct a trust business.
49-23 (21) "Trust office" means an office, other than the
49-24 principal office, at which a trust company is licensed by the
49-25 banking commissioner to conduct a trust business.
49-26 (b) The definitions provided by Section 181.002(a) apply to
49-27 this chapter to the extent not inconsistent with this chapter.
50-1 (c) The definitions shall be liberally construed to
50-2 accomplish the purposes of this chapter.
50-3 (d) The finance commission by rule may adopt other
50-4 definitions to accomplish the purposes of this chapter.
50-5 Sec. 187.002. COMPANIES AUTHORIZED TO CONDUCT A TRUST
50-6 BUSINESS. (a) A company may not conduct a trust business in this
50-7 state unless the company is a trust institution and is:
50-8 (1) a state trust company chartered pursuant to this
50-9 subtitle;
50-10 (2) a bank, savings association, savings bank, or
50-11 credit union that maintains its principal office or a branch in
50-12 this state in accordance with governing law, or another office in
50-13 this state with the power to conduct a trust business to the extent
50-14 permitted by rule;
50-15 (3) a trust company chartered under the laws of
50-16 another state or a foreign country that has a trust office in this
50-17 state licensed by the banking commissioner pursuant to this
50-18 chapter; or
50-19 (4) a foreign bank with an office in this state that
50-20 is authorized to act as a fiduciary pursuant to Section 204.106.
50-21 (b) Notwithstanding Subsection (a), a trust institution that
50-22 does not maintain a principal office, branch, or trust office in
50-23 this state may act as a fiduciary in this state to the extent
50-24 permitted by Section 105A, Probate Code.
50-25 (c) A company does not engage in the trust business in this
50-26 state in a manner requiring a charter or license under this
50-27 subtitle by engaging in an activity identified in Section 182.021,
51-1 except that the registration requirements of Section 187.202 may
51-2 apply to a trust representative office engaging in the activity.
51-3 Sec. 187.003. INTERSTATE TRUST BUSINESS OF STATE TRUST
51-4 COMPANY. Subject to the approval of the banking commissioner
51-5 pursuant to Section 182.203, a state trust company may engage in
51-6 the trust business in another state or a foreign country at a trust
51-7 office or a trust representative office to the extent permitted by
51-8 and subject to applicable laws of the state or foreign country.
51-9 Sec. 187.004. TRUST BUSINESS OF OUT-OF-STATE TRUST COMPANY.
51-10 (a) An out-of-state trust company that establishes or maintains an
51-11 office in this state under this chapter may conduct any activity at
51-12 the office that would be authorized under the laws of this state
51-13 for a state trust company to conduct at the office.
51-14 (b) Before establishing an office in this state, an
51-15 out-of-state trust company must comply with Section 201.102.
51-16 Sec. 187.005. DESIGNATION OF TRUSTEE AND GOVERNING LAW. (a)
51-17 Unless another law restricts the designation of trustee, a person
51-18 residing in this state may designate a trust institution to act as
51-19 a fiduciary on behalf of the person.
51-20 (b) Unless another law specifies governing law and except as
51-21 provided in Subsection (c), if a trust or its subject matter bears
51-22 a reasonable relation to this state and also to another state or a
51-23 foreign country, a trust institution and its affected client may
51-24 agree that the law of this state or of the other state or country
51-25 governs their rights and duties, including the law of a state or a
51-26 foreign country where the affected client resides or where the
51-27 trust institution has its principal office.
52-1 (c) Notwithstanding Subsection (b), a trust institution is
52-2 subject to Sections 113.052 and 113.053, Property Code, with
52-3 respect to a trust if the trust is established by a client that
52-4 resides in this state and is solicited from or accepted by an
52-5 office of the trust institution in this state.
52-6 Sec. 187.006. TAXATION. An out-of-state trust institution
52-7 doing business in this state is subject to the franchise tax to the
52-8 extent provided by Chapter 171, Tax Code.
52-9 Sec. 187.007. SEVERABILITY. The provisions of this chapter
52-10 or applications of those provisions are severable as provided by
52-11 Section 312.013, Government Code.
52-12 (Sections 187.008-187.100 reserved for expansion
52-13 SUBCHAPTER B. OUT-OF-STATE TRUST COMPANY TRUST OFFICE
52-14 Sec. 187.101. TRUST OFFICES IN THIS STATE. An out-of-state
52-15 trust company may engage in a trust business at an office in this
52-16 state only if it establishes and maintains a trust office in this
52-17 state as permitted by this subchapter.
52-18 Sec. 187.102. ESTABLISHING AN INTERSTATE TRUST OFFICE. (a)
52-19 An out-of-state trust company that does not operate a trust office
52-20 in this state may not establish and maintain a de novo trust office
52-21 in this state unless:
52-22 (1) a state trust company would be permitted to
52-23 establish a de novo trust office in the home state or foreign
52-24 country of the out-of-state trust company; and
52-25 (2) a bank whose home state is this state would be
52-26 permitted to establish a de novo branch in the home state or
52-27 foreign country of the out-of-state trust company.
53-1 (b) Subject to Subsection (a), a de novo trust office may be
53-2 established in this state under this section through the
53-3 acquisition of a trust office in this state of an existing trust
53-4 institution.
53-5 Sec. 187.103. ACQUIRING AN INTERSTATE TRUST OFFICE. (a) An
53-6 out-of-state trust company that does not operate a trust office in
53-7 this state and that meets the requirements of this subchapter may
53-8 acquire an existing trust institution in this state and after the
53-9 acquisition operate and maintain the acquired institution as a
53-10 trust office in this state, subject to Subchapter A, Chapter 183,
53-11 or Subchapter A, Chapter 33, if applicable. If the institution to
53-12 be acquired is a bank or a state savings bank, Section 203.005
53-13 applies to the transaction.
53-14 (b) An out-of-state trust institution that does not operate
53-15 a trust office in this state may not establish and maintain a trust
53-16 office in this state through the acquisition of a trust office of
53-17 an existing trust institution except as provided by Section
53-18 187.102. This section does not affect or prohibit a trust
53-19 institution or other person from chartering a state trust company
53-20 pursuant to Section 182.001.
53-21 Sec. 187.104. REQUIREMENT OF NOTICE. An out-of-state trust
53-22 company desiring to establish and maintain a de novo trust office
53-23 or acquire an existing trust institution in this state and to
53-24 operate and maintain the acquired institution as a trust office
53-25 pursuant to this subchapter shall provide written notice of the
53-26 proposed transaction to the banking commissioner on or after the
53-27 date on which the out-of-state trust company applies to the home
54-1 state regulator for approval to establish and maintain or acquire
54-2 the trust office. The filing of the notice shall be preceded or
54-3 accompanied by a copy of the resolution adopted by the board
54-4 authorizing the additional office and the filing fee, if any,
54-5 prescribed by law. The written notice must contain sufficient
54-6 information to enable an informed decision under Section 187.105.
54-7 Sec. 187.105. CONDITIONS FOR APPROVAL. (a) A trust office
54-8 of an out-of-state trust company may be acquired or established in
54-9 this state under this subchapter if:
54-10 (1) the out-of-state trust company confirms in writing
54-11 to the banking commissioner that while it maintains a trust office
54-12 in this state, it will comply with all applicable laws of this
54-13 state;
54-14 (2) the out-of-state trust company provides
54-15 satisfactory evidence to the banking commissioner of compliance
54-16 with Section 201.102 and the applicable requirements of its home
54-17 state regulator for acquiring or establishing and maintaining the
54-18 office;
54-19 (3) all filing fees have been paid as required by law;
54-20 and
54-21 (4) the banking commissioner finds that:
54-22 (A) applicable conditions of Section 187.102 or
54-23 187.103 have been met;
54-24 (B) if a state bank is being acquired, the
54-25 applicable requirements of Subchapter A, Chapter 33, and Section
54-26 203.005 have been met, or if a state trust company is being
54-27 acquired, the applicable requirements of Subchapter A, Chapter 183
55-1 have been met; and
55-2 (C) any conditions imposed by the banking
55-3 commissioner pursuant to Subsection (b) have been satisfied.
55-4 (b) The banking commissioner may condition approval of a
55-5 trust office on compliance by the out-of-state trust company with
55-6 any requirement applicable to formation of a state trust company
55-7 pursuant to Sections 182.003(b) and 182.007.
55-8 (c) If all requirements of Subsection (a) have been met,
55-9 the out-of-state trust company may commence business at the trust
55-10 office on the 61st day after the date the banking commissioner
55-11 notifies the company that the notice required by Section 187.104
55-12 has been accepted for filing, unless the banking commissioner
55-13 specifies an earlier or later date.
55-14 (d) The 60-day period of review may be extended by the
55-15 banking commissioner on a determination that the written notice
55-16 raises issues that require additional information or additional
55-17 time for analysis. If the period of review is extended, the
55-18 out-of-state trust company may establish the office only on prior
55-19 written approval by the banking commissioner.
55-20 (e) If all requirements of Subsection (a) have been met,
55-21 the banking commissioner may otherwise deny approval of the office
55-22 if the banking commissioner finds that the out-of-state trust
55-23 company lacks sufficient financial resources to undertake the
55-24 proposed expansion without adversely affecting its safety or
55-25 soundness or that the proposed office is contrary to the public
55-26 interest. In acting on the notice, the banking commissioner shall
55-27 consider the views of the appropriate supervisory agencies.
56-1 Sec. 187.106. ADDITIONAL TRUST OFFICES. An out-of-state
56-2 trust company that maintains a trust office in this state under
56-3 this subchapter may establish or acquire additional trust offices
56-4 or representative trust offices in this state to the same extent
56-5 that a state trust company may establish or acquire additional
56-6 offices in this state pursuant to the procedures for establishing
56-7 or acquiring the offices set forth in Section 182.203.
56-8 (Sections 187.107-187.200 reserved for expansion
56-9 SUBCHAPTER C. OUT-OF-STATE TRUST INSTITUTION
56-10 REPRESENTATIVE TRUST OFFICE
56-11 Sec. 187.201. REPRESENTATIVE TRUST OFFICE BUSINESS. (a) An
56-12 out-of-state trust institution may establish a representative trust
56-13 office as permitted by this subchapter to:
56-14 (1) solicit, but not accept, fiduciary appointments;
56-15 (2) act as a fiduciary in this state to the extent
56-16 permitted for a foreign corporate fiduciary by Section 105A,
56-17 Probate Code;
56-18 (3) perform ministerial duties with respect to
56-19 existing clients and accounts of the trust institution;
56-20 (4) engage in an activity permitted by Section
56-21 182.021; and
56-22 (5) to the extent the office is not acting as a
56-23 fiduciary:
56-24 (A) receive for safekeeping personal property of
56-25 every description;
56-26 (B) act as assignee, bailee, conservator,
56-27 custodian, escrow agent, registrar, receiver, or transfer agent;
57-1 and
57-2 (C) act as financial advisor, investment advisor
57-3 or manager, agent, or attorney-in-fact in any agreed capacity.
57-4 (b) Except as provided by Subsection (a), a trust
57-5 representative office may not act as a fiduciary or otherwise
57-6 engage in the trust business in this state.
57-7 (c) Subject to the requirements of this subchapter, an
57-8 out-of-state trust institution may establish and maintain
57-9 representative trust offices anywhere in this state.
57-10 Sec. 187.202. REGISTRATION OF REPRESENTATIVE TRUST OFFICE.
57-11 (a) Except as provided by Subsection (e) with respect to a credit
57-12 union, a savings association, or a savings bank, an out-of-state
57-13 trust institution that does not maintain a branch or trust office
57-14 in this state and that desires to establish or acquire and maintain
57-15 a representative trust office shall:
57-16 (1) file a notice on a form prescribed by the banking
57-17 commissioner, setting forth:
57-18 (A) the name of the out-of-state trust
57-19 institution;
57-20 (B) the location of the proposed office; and
57-21 (C) satisfactory evidence that the notificant is
57-22 a trust institution;
57-23 (2) pay the filing fee, if any, prescribed by law; and
57-24 (3) submit a copy of the resolution adopted by the
57-25 board authorizing the representative trust office and a copy of the
57-26 trust institution's registration filed with the secretary of state
57-27 pursuant to Section 201.102.
58-1 (b) The notificant may commence business at the
58-2 representative trust office on the 31st day after the date the
58-3 banking commissioner receives the notice unless the banking
58-4 commissioner specifies an earlier or later date.
58-5 (c) The 30-day period of review may be extended by the
58-6 banking commissioner on a determination that the written notice
58-7 raises issues that require additional information or additional
58-8 time for analysis. If the period of review is extended, the
58-9 out-of-state trust institution may establish the representative
58-10 trust office only on prior written approval by the banking
58-11 commissioner.
58-12 (d) The banking commissioner may deny approval of the
58-13 representative trust office if the banking commissioner finds that
58-14 the notificant lacks sufficient financial resources to undertake
58-15 the proposed expansion without adversely affecting its safety or
58-16 soundness or that the proposed office would be contrary to the
58-17 public interests. In acting on the notice, the banking commissioner
58-18 shall consider the views of the appropriate supervisory agencies.
58-19 (e) A credit union, savings association, or savings bank
58-20 that does not maintain a branch in this state and desires to
58-21 establish or acquire and maintain a representative trust office
58-22 shall comply with this section, except that the notice required by
58-23 Subsection (a) must be filed with, and the duties and
58-24 responsibilities of the banking commissioner under Subsections
58-25 (b)-(d) shall be performed by:
58-26 (1) the Texas credit union commissioner, with respect
58-27 to a credit union; or
59-1 (2) the Texas savings and loan commissioner, with
59-2 respect to a savings association or savings bank.
59-3 (f) An out-of-state trust institution that fails to register
59-4 as required by this section is subject to Subchapter C, Chapter
59-5 185.
59-6 (Sections 187.203-187.300 reserved for expansion
59-7 SUBCHAPTER D. SUPERVISION OF OUT-OF-STATE TRUST COMPANY
59-8 Sec. 187.301. COOPERATIVE AGREEMENTS; FEES. (a) To carry
59-9 out the purposes of this subtitle, the banking commissioner may:
59-10 (1) enter into cooperative, coordinating, or
59-11 information sharing agreements with another supervisory agency or
59-12 an organization affiliated with or representing one or more
59-13 supervisory agencies;
59-14 (2) with respect to periodic examination or other
59-15 supervision or investigation, accept reports of examination or
59-16 investigation by, and reports submitted to, another supervisory
59-17 agency in lieu of conducting examinations or investigations or
59-18 receiving reports as might otherwise be required or permissible
59-19 under this subtitle;
59-20 (3) enter into contracts with another supervisory
59-21 agency having concurrent regulatory or supervisory jurisdiction to
59-22 engage the services of the agency for reasonable compensation to
59-23 assist with the banking commissioner's performance of official
59-24 duties under this subtitle or other law, or to provide services to
59-25 the agency for reasonable compensation in connection with the
59-26 agency's performance of official duties under law, except that
59-27 Chapter 2254, Government Code, does not apply to those contracts;
60-1 (4) enter into joint examinations or joint enforcement
60-2 actions with another supervisory agency having concurrent
60-3 regulatory or supervisory jurisdiction, except that the banking
60-4 commissioner may independently take action under Section 187.305 if
60-5 the banking commissioner determines that the action is necessary to
60-6 carry out the banking commissioner's responsibilities under this
60-7 subtitle or to enforce compliance with the laws of this state; and
60-8 (5) assess supervisory and examination fees to be paid
60-9 by an out-of-state trust company that maintains one or more offices
60-10 in this state in connection with the banking commissioner's
60-11 performance of duties under this subtitle.
60-12 (b) Supervisory or examination fees assessed by the banking
60-13 commissioner in accordance with this subtitle may be shared with
60-14 another supervisory agency or an organization affiliated with or
60-15 representing one or more supervisory agencies in accordance with an
60-16 agreement between the banking commissioner and the agency or
60-17 organization. The banking commissioner may also receive a portion
60-18 of supervisory or examination fees assessed by another supervisory
60-19 agency in accordance with an agreement between the banking
60-20 commissioner and the agency.
60-21 Sec. 187.302. EXAMINATIONS; PERIODIC REPORTS. (a) To the
60-22 extent consistent with Section 187.301, the banking commissioner
60-23 may make examinations of a trust office or trust representative
60-24 office established and maintained in this state by an out-of-state
60-25 trust company pursuant to this chapter as the banking commissioner
60-26 considers necessary to determine whether the office is being
60-27 operated in compliance with the laws of this state and in
61-1 accordance with safe and sound fiduciary practices. Sections
61-2 181.104-181.106 apply to the examinations.
61-3 (b) The finance commission may by rule prescribe
61-4 requirements for periodic reports regarding a trust office or trust
61-5 representative office in this state. The required reports must be
61-6 provided by the trust institution maintaining the office. Reporting
61-7 requirements under this subsection must be appropriate for the
61-8 purpose of enabling the banking commissioner to discharge the
61-9 responsibilities of the banking commissioner under this chapter.
61-10 Sec. 187.303. INTERPRETIVE STATEMENTS AND OPINIONS. (a)
61-11 Subject to Subsection (b), to encourage the effective coordination
61-12 and implementation of home state laws and host state laws with
61-13 respect to interstate trust business, the banking commissioner,
61-14 directly or through the deputy banking commissioner or a department
61-15 attorney in the manner provided by Sections 181.101 and 181.102,
61-16 and with the effect provided by Section 181.103, may issue:
61-17 (1) an interpretive statement for the general guidance
61-18 of trust institutions in this state and the public; or
61-19 (2) an opinion interpreting or determining the
61-20 applicability of the laws of this state to the trust business and
61-21 the operation of a branch, trust office, or another office in this
61-22 state of an out-of-state trust institution, or in other states by
61-23 state trust companies.
61-24 (b) With respect to the trust business of a credit union,
61-25 savings association, or savings bank, the duties and
61-26 responsibilities of the banking commissioner under Subsection (a)
61-27 shall be performed by:
62-1 (1) the Texas credit union commissioner, with respect
62-2 to a credit union; or
62-3 (2) the Texas savings and loan commissioner, with
62-4 respect to a savings association or savings bank.
62-5 Sec. 187.304. CONFIDENTIAL INFORMATION. Information obtained
62-6 directly or indirectly by the banking commissioner relative to the
62-7 financial condition or business affairs of a trust institution,
62-8 other than the public portions of a report of condition or income
62-9 statement, or a present, former, or prospective shareholder,
62-10 participant, officer, director, manager, affiliate, or service
62-11 provider of the trust institution, whether obtained through
62-12 application, examination, or otherwise, and each related file or
62-13 record of the department is confidential and may not be disclosed
62-14 by the banking commissioner or an employee of the department except
62-15 as expressly provided by Subchapter D, Chapter 181.
62-16 Sec. 187.305. ENFORCEMENT; APPEALS. (a) If the banking
62-17 commissioner determines that an out-of-state trust company has
62-18 violated this subtitle or other applicable law of this state, the
62-19 banking commissioner may take all enforcement actions the banking
62-20 commissioner would be empowered to take if the out-of-state trust
62-21 company were a state trust company, except that the banking
62-22 commissioner shall promptly give notice to the home state regulator
62-23 of each enforcement action to be taken against an out-of-state
62-24 trust company and, to the extent practicable, shall consult and
62-25 cooperate with the home state regulator in pursuing and resolving
62-26 the enforcement action. An out-of-state trust company may appeal a
62-27 final order or other decision of the banking commissioner under
63-1 this subtitle as provided by Sections 181.202-181.204.
63-2 (b) Notwithstanding Subsection (a), the banking commissioner
63-3 may enforce this subtitle against a trust institution by
63-4 appropriate action in the courts, including an action for
63-5 injunctive relief, if the banking commissioner concludes the action
63-6 is necessary or desirable.
63-7 Sec. 187.306. NOTICE OF SUBSEQUENT EVENT. Each out-of-state
63-8 trust company that has established and maintains an office in this
63-9 state pursuant to this subtitle shall give written notice, at least
63-10 30 days before the effective date of the event, or, in the case of
63-11 an emergency transaction, a shorter period before the effective
63-12 date consistent with applicable state or federal law, to the
63-13 banking commissioner of:
63-14 (1) a merger or other transaction that would cause a
63-15 change of control with respect to the trust company, with the
63-16 result that an application would be required to be filed with the
63-17 home state regulator or a federal supervisory agency;
63-18 (2) a transfer of all or substantially all of the
63-19 trust accounts or trust assets of the out-of-state trust company to
63-20 another person; or
63-21 (3) the closing or disposition of an office in this
63-22 state.
63-23 (b) Chapter 9, Texas Trust Company Act (Article 342a-9.001
63-24 et seq., Vernon's Texas Civil Statutes), is repealed.
63-25 SECTION 6.002. (a) Sections 181.002(a)(11), (45), and
63-26 (51)-(53), Finance Code, are amended to conform to Section 4.001,
63-27 Chapter 344, Acts of the 76th Legislature, Regular Session, 1999,
64-1 to read as follows:
64-2 (11) "Company" means a [includes a bank, trust
64-3 company,] corporation, a partnership, an association, a business
64-4 trust, [or] another trust, or a similar organization, including a
64-5 trust institution.
64-6 (45) "State trust company" or "trust company" means a
64-7 trust association or limited trust association organized or
64-8 reorganized under this subtitle, including an association organized
64-9 under the laws of this state before September 1, 1997. If the
64-10 context or circumstances require, the term includes a trust company
64-11 organized under the laws of another state that lawfully maintains a
64-12 trust office in this state in accordance with Chapter 187.
64-13 (51) "Trust institution" means a bank, credit union,
64-14 foreign bank, savings association, savings bank, or trust company
64-15 that is authorized by its charter to conduct a trust business.
64-16 (52) "Unauthorized trust activity" means an act or
64-17 practice within this state by a company [person] without a charter,
64-18 license, permit, registration, or other authority issued or granted
64-19 by the banking commissioner or other appropriate regulatory
64-20 authority for which such a charter, license, permit, registration,
64-21 or other authority is required to conduct trust business.
64-22 (53) [(52)] "Undivided profits" means the part of
64-23 equity capital of a state trust company equal to the balance of its
64-24 net profits, income, gains, and losses since the date of its
64-25 formation minus subsequent distributions to shareholders or
64-26 participants and transfers to surplus or capital under share
64-27 dividends or appropriate board resolutions. The term includes
65-1 amounts allocated to undivided profits as a result of a merger.
65-2 (54) [(53)] "Voting security" means a share,
65-3 participation share, or other evidence of proprietary interest in a
65-4 state trust company or other company that has as an attribute the
65-5 right to vote or participate in the election of the board of the
65-6 trust company or other company, regardless of whether the right is
65-7 limited to the election of fewer than all of the board members. The
65-8 term includes a security that is convertible or exchangeable into a
65-9 voting security and a nonvoting participation share of a managing
65-10 participant.
65-11 (b) Section 4.001, Chapter 344, Acts of the 76th
65-12 Legislature, Regular Session, 1999, is repealed.
65-13 SECTION 6.003. (a) Section 181.003(a), Finance Code, is
65-14 amended to conform to Section 4.002, Chapter 344, Acts of the 76th
65-15 Legislature, Regular Session, 1999, to read as follows:
65-16 (a) The finance commission may adopt rules to accomplish the
65-17 purposes of this subtitle, including rules necessary or reasonable
65-18 to:
65-19 (1) implement and clarify this subtitle;
65-20 (2) preserve or protect the safety and soundness of
65-21 state trust companies;
65-22 (3) grant the same rights and privileges to state
65-23 trust companies with respect to the exercise of fiduciary powers
65-24 that are or may be granted to a trust institution that maintains
65-25 its principal office or a branch or trust office [state or national
65-26 bank that is domiciled] in this state [and exercising fiduciary
65-27 powers];
66-1 (4) provide for recovery of the cost of maintenance
66-2 and operation of the department and the cost of enforcing this
66-3 subtitle through the imposition and collection of ratable and
66-4 equitable fees for notices, applications, and examinations; and
66-5 (5) facilitate the fair hearing and adjudication of
66-6 matters before the banking commissioner and the finance commission.
66-7 (b) Section 4.002, Chapter 344, Acts of the 76th
66-8 Legislature, Regular Session, 1999, is repealed.
66-9 SECTION 6.004. (a) Section 181.004(b), Finance Code, is
66-10 amended to conform to Section 4.014, Chapter 344, Acts of the 76th
66-11 Legislature, Regular Session, 1999, to read as follows:
66-12 (b) Subsection (a) does not apply to:
66-13 (1) a [state or national bank, a state or federal
66-14 savings bank, a state or federal savings association, a state or
66-15 federal credit union, or a depository or] trust [company]
66-16 institution authorized under this subtitle to conduct a trust
66-17 business in this state; or
66-18 (2) another entity organized under the laws of this
66-19 state, another state, the United States, or a foreign sovereign
66-20 state to the extent that:
66-21 (A) the entity is authorized under its charter
66-22 or the laws of this state or the United States to use a term, word,
66-23 character, ideogram, phonogram, or phrase prohibited by Subsection
66-24 (a); and
66-25 (B) the entity is authorized by the laws of this
66-26 state or the United States to conduct the activities in which the
66-27 entity is engaged in this state.
67-1 (b) Section 4.014, Chapter 344, Acts of the 76th
67-2 Legislature, Regular Session, 1999, is repealed.
67-3 SECTION 6.005. (a) Section 181.006, Finance Code, is amended
67-4 to conform to Section 4.021, Chapter 344, Acts of the 76th
67-5 Legislature, Regular Session, 1999, to read as follows:
67-6 Sec. 181.006. EXEMPTION OF TRUST INSTITUTION [COMPANY]
67-7 DIRECTORS AND PERSONNEL FROM SECURITIES LAW. An officer, director,
67-8 manager, managing participant, or employee of a [state] trust
67-9 institution [company] with fewer than 500 shareholders or
67-10 participants, including a state trust company or a trust
67-11 institution organized under the laws of another state that lawfully
67-12 maintains an office in this state, or a holding company with fewer
67-13 than 500 shareholders or participants that controls a [state] trust
67-14 institution [company] is exempt from the registration and licensing
67-15 provisions of The Securities Act (Article 581-1 et seq., Vernon's
67-16 Texas Civil Statutes) with respect to that person's participation
67-17 in a transaction, including a sale, involving securities issued by
67-18 the [state] trust institution [company] or the holding company of
67-19 which that person is an officer, director, manager, managing
67-20 participant, or employee if the person is not compensated for the
67-21 person's participation in the transaction.
67-22 (b) Section 4.021, Chapter 344, Acts of the 76th
67-23 Legislature, Regular Session, 1999, is repealed.
67-24 SECTION 6.006. (a) Section 181.007, Finance Code, is
67-25 amended to conform to Section 4.019, Chapter 344, Acts of the 76th
67-26 Legislature, Regular Session, 1999, to read as follows:
67-27 Sec. 181.007. ATTACHMENT, INJUNCTION, OR EXECUTION. [(a)] An
68-1 attachment, injunction, or execution [may not be issued against a
68-2 state trust company located in this state] to collect a money
68-3 judgment or secure a prospective money judgment against a trust
68-4 institution, including a [the] state trust company or a trust
68-5 institution organized under the laws of another state that lawfully
68-6 maintains an office in this state, or against a client of or client
68-7 account in the trust institution, is governed by Sections 59.007
68-8 and 59.008 [before the judgment is final and all appeals have been
68-9 exhausted or foreclosed by law.]
68-10 [(b) This section does not affect an attachment, injunction,
68-11 execution, or writ of garnishment issued to or served on a state
68-12 trust company for the purpose of collecting a money judgment or
68-13 securing a prospective money judgment against a client of or client
68-14 account in the state trust company].
68-15 (b) Section 4.019, Chapter 344, Acts of the 76th
68-16 Legislature, Regular Session, 1999, is repealed.
68-17 SECTION 6.007. (a) Sections 181.101 and 181.102, Finance
68-18 Code, are amended to conform to Section 4.003, Chapter 344, Acts of
68-19 the 76th Legislature, Regular Session, 1999, to read as follows:
68-20 Sec. 181.101. ISSUANCE OF INTERPRETIVE STATEMENTS. (a) The
68-21 banking commissioner:
68-22 (1) may issue interpretive statements containing
68-23 matters of general policy for the guidance of the public and state
68-24 trust companies; and
68-25 (2) [shall file the statements for publication in the
68-26 Texas Register; and]
68-27 [(3)] may amend or repeal a published interpretive
69-1 statement by issuing an amended statement or notice of repeal of a
69-2 statement [and filing the statement or notice for publication in
69-3 the Texas Register].
69-4 (b) An interpretive statement may be disseminated by
69-5 newsletter, via an electronic medium such as the Internet, in a
69-6 volume of statutes or related materials published by the banking
69-7 commissioner or others, or by other means reasonably calculated to
69-8 notify persons affected by the interpretive statement. Notice of
69-9 an amended or withdrawn statement must be published in a
69-10 substantially similar manner as the affected statement was
69-11 originally published. [The secretary of state shall publish the
69-12 filed statements and notices in the Texas Register and in a
69-13 designated chapter of the Texas Administrative Code.]
69-14 Sec. 181.102. ISSUANCE OF OPINION. (a) In response to a
69-15 specific request from a member of the public or [the state trust
69-16 company] industry, the banking commissioner may issue an opinion
69-17 directly or through the deputy banking commissioner or the
69-18 department's attorneys.
69-19 (b) If the banking commissioner determines that the opinion
69-20 is useful for the general guidance of trust companies and the
69-21 public, the banking commissioner may disseminate [file] the opinion
69-22 by newsletter, via an electronic medium such as the Internet, in a
69-23 volume of statutes or related materials published by the banking
69-24 commissioner or others, or by other means reasonably calculated to
69-25 notify persons affected by the opinion [for publication in the
69-26 Texas Register]. A published opinion must be redacted to preserve
69-27 the confidentiality of the requesting party unless the requesting
70-1 party consents to be identified in the published opinion.
70-2 (c) The banking commissioner may amend or repeal a published
70-3 opinion by issuing an amended opinion or notice of repeal of an
70-4 opinion and disseminating [filing] the opinion or notice in a
70-5 substantially similar manner as the affected statement or opinion
70-6 was originally published [for publication in the Texas Register].
70-7 The requesting party, however, may rely on the original opinion if:
70-8 (1) all material facts were originally disclosed to
70-9 the banking commissioner;
70-10 (2) the safety and soundness of the affected trust
70-11 companies will not be affected by further reliance on the original
70-12 opinion; and
70-13 (3) the text and interpretation of relevant governing
70-14 provisions of this subtitle have not been changed by legislative or
70-15 judicial action.
70-16 [(d) The secretary of state shall publish the filed opinions
70-17 and notices in the Texas Register and a designated chapter of the
70-18 Texas Administrative Code.]
70-19 (b) Section 4.003, Chapter 344, Acts of the 76th
70-20 Legislature, Regular Session, 1999, is repealed.
70-21 SECTION 6.008. (a) Section 182.001(b), Finance Code, is
70-22 amended to conform to Section 4.004, Chapter 344, Acts of the 76th
70-23 Legislature, Regular Session, 1999, to read as follows:
70-24 (b) A state trust company may engage in the trust business
70-25 by [perform any act as a fiduciary that a state bank or national
70-26 bank exclusively exercising trust powers may perform under the laws
70-27 of this state, including]:
71-1 (1) acting as trustee under a written agreement;
71-2 (2) receiving money and other property in its capacity
71-3 as trustee for investment in real or personal property;
71-4 (3) acting as trustee and performing the fiduciary
71-5 duties committed or transferred to it by order of a court;
71-6 (4) acting as executor, administrator, or trustee of
71-7 the estate of a deceased person;
71-8 (5) acting as a custodian, guardian, conservator, or
71-9 trustee for a minor or incapacitated person;
71-10 (6) acting as a successor fiduciary to a trust
71-11 [depository] institution or other fiduciary;
71-12 (7) receiving for safekeeping personal property;
71-13 (8) acting as custodian, assignee, transfer agent,
71-14 escrow agent, registrar, or receiver;
71-15 (9) acting as investment advisor, agent, or attorney
71-16 in fact according to an applicable agreement;
71-17 (10) exercising additional powers expressly conferred
71-18 by rule of the finance commission; and
71-19 (11) exercising any incidental power that is
71-20 reasonably necessary to enable it to fully exercise the powers
71-21 expressly conferred according to commonly accepted fiduciary
71-22 customs and usages.
71-23 (b) Section 4.004, Chapter 344, Acts of the 76th
71-24 Legislature, Regular Session, 1999, is repealed.
71-25 SECTION 6.009. (a) Section 182.005(f), Finance Code, is
71-26 amended to conform to Section 4.005, Chapter 344, Acts of the 76th
71-27 Legislature, Regular Session, 1999, to read as follows:
72-1 (f) Chapter 2001, Government Code, does not apply to a
72-2 charter application filed for the purpose of assuming all or any
72-3 portion of the assets, liabilities, and accounts of a trust [any
72-4 depository] institution [or state trust company] considered by the
72-5 banking commissioner to be in hazardous condition.
72-6 (b) Section 4.005, Chapter 344, Acts of the 76th
72-7 Legislature, Regular Session, 1999, is repealed.
72-8 SECTION 6.010. (a) Sections 182.010(a), (b), and (e),
72-9 Finance Code, are amended to conform to Section 4.025, Chapter 344,
72-10 Acts of the 76th Legislature, Regular Session, 1999, to read as
72-11 follows:
72-12 (a) A state trust company has the same rights and privileges
72-13 with respect to the exercise of fiduciary powers that are or may be
72-14 granted to a trust institution [state or national bank] that
72-15 maintains its principal office or a branch or trust office [is
72-16 domiciled] in this state, except that this section may not be used
72-17 by a state trust company to:
72-18 (1) diminish its otherwise applicable fiduciary duties
72-19 to a client under the laws of this state; or
72-20 (2) avoid otherwise applicable consumer protection
72-21 laws of this state [and exercising fiduciary powers].
72-22 (b) A state trust company that intends to exercise a right
72-23 or privilege with respect to the exercise of fiduciary powers
72-24 granted to a trust [regulated financial] institution described in
72-25 Subsection (a) that is not authorized for state trust companies
72-26 under the statutes and rules of this state other than under this
72-27 section shall submit a letter to the banking commissioner,
73-1 describing in detail the activity in which the state trust company
73-2 intends to engage and the specific authority for the trust
73-3 [regulated financial] institution described in Subsection (a) to
73-4 undertake the proposed activity. The state trust company shall
73-5 attach copies, if available, of relevant state and federal law,
73-6 including regulations and interpretive letters. The state trust
73-7 company may begin to perform the proposed activity after the 30th
73-8 day after the date the banking commissioner receives the state
73-9 trust company's letter unless the banking commissioner specifies an
73-10 earlier or later date or prohibits the activity. The banking
73-11 commissioner may prohibit the state trust company from performing
73-12 the activity only if the banking commissioner finds that:
73-13 (1) a trust [regulated financial] institution
73-14 described in Subsection (a) [that is domiciled in this state] does
73-15 not possess the specific right or privilege to perform the activity
73-16 the state trust company seeks to perform; or
73-17 (2) the performance of the activity by the state trust
73-18 company would adversely affect the safety and soundness of the
73-19 requesting state trust company.
73-20 (e) The finance commission may adopt rules implementing the
73-21 method or manner in which a state trust company exercises specific
73-22 rights and privileges, including rules regarding the exercise of
73-23 rights and privileges that would be prohibited to state trust
73-24 companies under state law except as provided by this section. The
73-25 finance commission may not adopt rules under this subsection unless
73-26 it finds that:
73-27 (1) trust [regulated financial] institutions described
74-1 in Subsection (a) [that are domiciled in this state] possess the
74-2 rights or privileges to perform activities the rules would permit
74-3 state trust companies to perform; and
74-4 (2) if the rights and privileges would be prohibited
74-5 to state trust companies under other state law, the rules contain
74-6 adequate safeguards and controls, consistent with safety and
74-7 soundness, to address the concern of the legislature evidenced by
74-8 the state law the rules would impact.
74-9 (b) Section 4.025, Chapter 344, Acts of the 76th
74-10 Legislature, Regular Session, 1999, is repealed.
74-11 SECTION 6.011. (a) Section 182.021, Finance Code, is
74-12 amended to conform to Section 4.006, Chapter 344, Acts of the 76th
74-13 Legislature, Regular Session, 1999, to read as follows:
74-14 Sec. 182.021. ACTIVITIES NOT REQUIRING CHARTER. Subject to
74-15 Subchapter C, Chapter 187, a [A] company does not engage in the
74-16 trust business in a manner requiring a state charter by:
74-17 (1) acting in a manner authorized by law and in the
74-18 scope of authority as an agent of a [state] trust institution
74-19 [company];
74-20 (2) rendering a service customarily performed as an
74-21 attorney in a manner approved and authorized by the Supreme Court
74-22 of Texas or State Bar of Texas;
74-23 (3) acting as trustee under a deed of trust made only
74-24 as security for the payment of money or for the performance of
74-25 another act;
74-26 (4) conducting [a trust] business as a trust
74-27 institution [under a charter that authorizes the exercise of trust
75-1 powers as a depository institution,] if the exercise of fiduciary
75-2 [trust] powers in this state by the trust [depository] institution
75-3 is not otherwise prohibited by law;
75-4 (5) engaging in a business regulated by the Office of
75-5 Consumer Credit Commissioner, except as limited by rules adopted by
75-6 the finance commission;
75-7 (6) receiving and distributing rents and proceeds of
75-8 sale as a licensed real estate broker on behalf of a principal in a
75-9 manner authorized by the Texas Real Estate Commission;
75-10 (7) engaging in a securities transaction or providing
75-11 an investment advisory service as a licensed and registered dealer,
75-12 salesman, or advisor to the extent that the activity is regulated
75-13 by the State Securities Board or the Securities and Exchange
75-14 Commission;
75-15 (8) engaging in the sale and administration of an
75-16 insurance product by an insurance company or agent licensed by the
75-17 Texas Department of Insurance to the extent that the activity is
75-18 regulated by the Texas Department of Insurance;
75-19 (9) engaging in the lawful sale of prepaid funeral
75-20 benefits under a permit issued by the banking commissioner under
75-21 Chapter 154;
75-22 (10) engaging in the lawful business of a perpetual
75-23 care cemetery corporation under Chapter 712, Health and Safety
75-24 Code;
75-25 (11) engaging as a principal or agent in the lawful
75-26 sale of checks under a license issued by the banking commissioner
75-27 under Chapter 152;
76-1 (12) acting as trustee under a voting trust as
76-2 provided by Article 2.30, Texas Business Corporation Act;
76-3 (13) acting as trustee by a public, private, or
76-4 independent institution of higher education or a university system,
76-5 as defined by Section 61.003, Education Code, including an
76-6 affiliated foundation or corporation of such an institution or
76-7 system acting as trustee as provided by the Education Code;
76-8 (14) engaging in another activity expressly excluded
76-9 from the application of this subtitle by rule of the finance
76-10 commission;
76-11 (15) rendering services customarily performed by a
76-12 certified accountant in a manner authorized by the Texas State
76-13 Board of Public Accountancy;
76-14 (16) serving as trustee of a charitable trust as
76-15 provided by Article 2.31, Texas Non-Profit Corporation Act (Article
76-16 1396-2.31, Vernon's Texas Civil Statutes);
76-17 (17) performing escrow or settlement services if
76-18 licensed under Chapter 9, Insurance Code; [or]
76-19 (18) acting as a qualified intermediary in a tax
76-20 deferred exchange under Section 1031, Internal Revenue Code of
76-21 1986, and applicable regulations; or
76-22 (19) providing permitted services at a trust
76-23 representative office established in this state pursuant to
76-24 Subchapter C, Chapter 187.
76-25 (b) Section 4.006, Chapter 344, Acts of the 76th
76-26 Legislature, Regular Session, 1999, is repealed.
76-27 SECTION 6.012. (a) Section 182.203(a), Finance Code, is
77-1 amended to conform to Section 4.007, Chapter 344, Acts of the 76th
77-2 Legislature, Regular Session, 1999, to read as follows:
77-3 (a) A state trust company may establish and maintain
77-4 additional offices [anywhere in this state]. To establish an
77-5 additional office, the state trust company must file a written
77-6 notice with the banking commissioner setting forth the name of the
77-7 state trust company, the street address of the proposed additional
77-8 office, a description of the activities proposed to be conducted at
77-9 the additional office, and a copy of the resolution adopted by the
77-10 board authorizing the additional office.
77-11 (b) Section 4.007, Chapter 344, Acts of the 76th
77-12 Legislature, Regular Session, 1999, is repealed.
77-13 SECTION 6.013. (a) Section 182.302(c), Finance Code, is
77-14 amended to conform to Section 4.008, Chapter 344, Acts of the 76th
77-15 Legislature, Regular Session, 1999, to read as follows:
77-16 (c) The banking commissioner may approve the merger if:
77-17 (1) each resulting state trust company:
77-18 (A) has complied with the statutes and rules
77-19 relating to the organization of a state trust company; and
77-20 (B) will be solvent and have adequate
77-21 capitalization for its business and location;
77-22 (2) all obligations and liabilities of each trust
77-23 company that is a party to the merger have been properly discharged
77-24 or otherwise lawfully assumed or retained by a trust institution
77-25 [company] or other fiduciary;
77-26 (3) each surviving, new, or acquiring person that is
77-27 not authorized to engage in the trust business will not engage in
78-1 the trust business and has complied with the laws of this state;
78-2 and
78-3 (4) all conditions imposed by the banking commissioner
78-4 have been satisfied or otherwise resolved.
78-5 (b) Section 4.008, Chapter 344, Acts of the 76th
78-6 Legislature, Regular Session, 1999, is repealed.
78-7 SECTION 6.014. (a) Section 182.401, Finance Code, is
78-8 amended to conform to Section 4.009, Chapter 344, Acts of the 76th
78-9 Legislature, Regular Session, 1999, to read as follows:
78-10 Sec. 182.401. AUTHORITY TO PURCHASE ASSETS OF ANOTHER TRUST
78-11 [FINANCIAL] INSTITUTION. (a) A state trust company with the prior
78-12 written approval of the banking commissioner may purchase all or
78-13 substantially all of the assets of another trust [regulated
78-14 financial] institution, including the right to control accounts
78-15 established with the [state] trust institution [company].
78-16 (b) Except as otherwise expressly provided by this section
78-17 or another statute, the purchase of all or part of the assets of
78-18 the selling trust institution does not make the purchasing state
78-19 trust company responsible for any liability or obligation of the
78-20 selling trust institution that the purchasing state trust company
78-21 does not expressly assume.
78-22 (c) Except as otherwise provided by this subtitle, this
78-23 subchapter does not govern or prohibit the purchase by a state
78-24 trust company of all or part of the assets of a corporation or
78-25 other entity that is not a [state] trust institution [company].
78-26 (d) To make a purchase under this section, an application in
78-27 the form required by the banking commissioner must be filed with
79-1 the banking commissioner. The banking commissioner shall
79-2 investigate the condition of the purchaser and seller and may
79-3 require the submission of additional information as considered
79-4 necessary to make an informed decision.
79-5 (e) The banking commissioner shall approve the purchase if:
79-6 (1) the purchasing state trust company:
79-7 (A) has complied with all applicable statutes
79-8 and rules; and
79-9 (B) will be solvent and have sufficient
79-10 capitalization for its business and location;
79-11 (2) all obligations and liabilities of each trust
79-12 institution [company] that is a party to the purchase or sale of
79-13 assets have been properly discharged or otherwise lawfully assumed
79-14 or retained by a trust institution [company] or other fiduciary;
79-15 (3) all conditions imposed by the banking commissioner
79-16 have been satisfied or otherwise resolved; and
79-17 (4) all fees and costs have been paid.
79-18 (f) A purchase is effective on the date of approval unless
79-19 the purchase agreement provides for and the banking commissioner
79-20 consents to a different effective date.
79-21 (g) The acquiring state trust company shall succeed by
79-22 operation of law to all of the rights, privileges, and obligations
79-23 of the selling trust institution under each account included in the
79-24 assets acquired.
79-25 (b) Section 4.009, Chapter 344, Acts of the 76th
79-26 Legislature, Regular Session, 1999, is repealed.
79-27 SECTION 6.015. (a) Section 182.405, Finance Code, is
80-1 amended to conform to Section 4.010, Chapter 344, Acts of the 76th
80-2 Legislature, Regular Session, 1999, by adding Subsection (e) to
80-3 read as follows:
80-4 (e) The acquiring trust institution shall succeed by
80-5 operation of law to all of the rights, privileges, and obligations
80-6 of the selling state trust company under each account included in
80-7 the assets acquired.
80-8 (b) Section 4.010, Chapter 344, Acts of the 76th
80-9 Legislature, Regular Session, 1999, is repealed.
80-10 SECTION 6.016. (a) Subchapter F, Chapter 182, Finance Code,
80-11 is amended to conform to Section 4.011, Chapter 344, Acts of the
80-12 76th Legislature, Regular Session, 1999, to read as follows:
80-13 SUBCHAPTER F. EXIT OF STATE TRUST COMPANY OR ENTRY
80-14 OF ANOTHER TRUST INSTITUTION [CERTAIN MERGERS,
80-15 REORGANIZATIONS, OR CONVERSIONS INTO NATIONAL BANK]
80-16 Sec. 182.501. MERGER[, REORGANIZATION,] OR CONVERSION OF
80-17 STATE TRUST COMPANY INTO ANOTHER TRUST INSTITUTION [NATIONAL BANK]
80-18 EXERCISING FIDUCIARY POWERS. (a) Subject to Chapter 187, a [A]
80-19 state trust company may act as necessary and to the extent
80-20 permitted by [under] the laws of the United States, [or] this
80-21 state, another state, or another country to merge[, reorganize,] or
80-22 convert into another form of trust institution [a national bank
80-23 exercising fiduciary powers].
80-24 (b) The merger[, reorganization,] or conversion must be made
80-25 and approval of the state trust company's board, shareholders, or
80-26 participants must be obtained in accordance with the Texas Business
80-27 Corporation Act as if the state trust company were a domestic
81-1 corporation and all other parties to the transaction, if any, were
81-2 foreign corporations or other entities, except as may be otherwise
81-3 provided by rule. For purposes of this subsection, a conversion is
81-4 considered a merger into the successor trust institution [national
81-5 bank exercising fiduciary powers].
81-6 (c) The state trust company does not cease to be a state
81-7 trust company subject to the supervision of the banking
81-8 commissioner unless:
81-9 (1) the banking commissioner has been given written
81-10 notice of the intention to merge[, reorganize,] or convert before
81-11 the 31st day before the date of the proposed transaction;
81-12 (2) the state trust company has published notice of
81-13 the transaction, in the form and frequency specified by the banking
81-14 commissioner, in:
81-15 (A) a newspaper of general circulation published
81-16 in the county of its home office or, if such a newspaper is not
81-17 published in the county, in an adjacent county; and
81-18 (B) other locations that the banking
81-19 commissioner considers appropriate;
81-20 (3) the state trust company has filed with the banking
81-21 commissioner:
81-22 (A) a copy of the application filed with the
81-23 successor regulatory authority, including a copy of each contract
81-24 evidencing or implementing the merger[, reorganization,] or
81-25 conversion, or other documents sufficient to show compliance with
81-26 applicable law;
81-27 (B) a certified copy of all minutes of board
82-1 meetings and shareholder or participant meetings at which action
82-2 was taken regarding the merger[, reorganization,] or conversion;
82-3 and
82-4 (C) a publisher's certificate showing
82-5 publication of the required notice;
82-6 (4) the banking commissioner determines that:
82-7 (A) all accounts and liabilities of the state
82-8 trust company are fully discharged, assumed, or otherwise retained
82-9 by the successor trust institution [national bank exercising
82-10 fiduciary powers];
82-11 (B) any conditions imposed by the banking
82-12 commissioner for the protection of clients and creditors have been
82-13 met or otherwise resolved; and
82-14 (C) any required filing fees have been paid; and
82-15 (5) the state trust company has received a certificate
82-16 of authority to do business as the successor trust institution [a
82-17 national bank exercising fiduciary powers].
82-18 Sec. 182.502. CONVERSION OF TRUST INSTITUTION INTO STATE
82-19 TRUST COMPANY. (a) A trust institution may apply to the banking
82-20 commissioner for conversion into a state trust company on a form
82-21 prescribed by the banking commissioner and accompanied by any
82-22 required fee if the trust institution follows the procedures
82-23 prescribed by the laws of the United States, this state, another
82-24 state, or another country governing the exit of the trust
82-25 institution for the purpose of conversion into a state trust
82-26 company from the regulatory system applicable before the
82-27 conversion. A trust association or limited trust association may
83-1 convert its organizational form under this section.
83-2 (b) A trust institution applying to convert into a state
83-3 trust company may receive a certificate of authority to do business
83-4 as a state trust company if the banking commissioner finds that:
83-5 (1) the trust institution is not engaging in a pattern
83-6 or practice of unsafe and unsound fiduciary or banking practices;
83-7 (2) the trust institution has adequate capitalization
83-8 for a state trust company to act as a fiduciary at the same
83-9 locations as the trust institution is acting as a fiduciary before
83-10 the conversion;
83-11 (3) the trust institution can be expected to operate
83-12 profitably after the conversion;
83-13 (4) the officers and directors of the trust
83-14 institution as a group have sufficient banking experience, ability,
83-15 standing, competence, trustworthiness, and integrity to justify a
83-16 belief that the trust institution will operate as a state trust
83-17 company in compliance with law; and
83-18 (5) each principal shareholder has sufficient
83-19 experience, ability, standing, competence, trustworthiness, and
83-20 integrity to justify a belief that the trust institution will be
83-21 free from improper or unlawful influence or interference with
83-22 respect to the trust institution's operation as a state trust
83-23 company in compliance with law.
83-24 (c) The banking commissioner may:
83-25 (1) request additional information considered
83-26 necessary to make an informed decision under this section;
83-27 (2) perform an examination of the converting trust
84-1 institution at the expense of the converting trust institution; and
84-2 (3) require that examination fees be paid before a
84-3 certificate of authority is issued.
84-4 (d) In connection with the application, the converting trust
84-5 institution must:
84-6 (1) submit a statement of the law governing the exit
84-7 of the trust institution from the regulatory system applicable
84-8 before the conversion and the terms of the transition into a state
84-9 trust company; and
84-10 (2) demonstrate that all applicable law has been fully
84-11 satisfied.
84-12 (b) Section 4.011, Chapter 344, Acts of the 76th
84-13 Legislature, Regular Session, 1999, is repealed.
84-14 SECTION 6.017. (a) Section 185.003(a), Finance Code, is
84-15 amended to conform to Section 4.012, Chapter 344, Acts of the 76th
84-16 Legislature, Regular Session, 1999, to read as follows:
84-17 (a) The banking commissioner has grounds to remove a present
84-18 or former officer, director, manager, managing participant, or
84-19 employee of a state trust company from office or employment in, or
84-20 to prohibit a controlling shareholder or participant or other
84-21 person [participating in the affairs of the state trust company]
84-22 from participation in the affairs of, the state trust company [or a
84-23 state bank or other entity chartered or licensed by the banking
84-24 commissioner under the laws of this state] if the banking
84-25 commissioner determines from examination or other credible evidence
84-26 that:
84-27 (1) the person:
85-1 (A) intentionally committed or participated in
85-2 the commission of an act described by Section 185.002(a) with
85-3 regard to the affairs of the state trust company; or
85-4 (B) violated a final cease and desist order
85-5 issued in response to the same or a similar act;
85-6 (2) because of that action by the person:
85-7 (A) the state trust company has suffered or will
85-8 probably suffer financial loss or other damage;
85-9 (B) the interests of the trust company's clients
85-10 have been or could be prejudiced; or
85-11 (C) the person has received financial gain or
85-12 other benefit by reason of the violation; and
85-13 (3) that action by the person:
85-14 (A) involves personal dishonesty on the part of
85-15 the person; or
85-16 (B) demonstrates wilful or continuing disregard
85-17 for the safety or soundness of the state trust company.
85-18 (b) Section 4.012, Chapter 344, Acts of the 76th
85-19 Legislature, Regular Session, 1999, is repealed.
85-20 SECTION 6.018. (a) Section 185.007(a), Finance Code, is
85-21 amended to conform to Section 4.013, Chapter 344, Acts of the 76th
85-22 Legislature, Regular Session, 1999, to read as follows:
85-23 (a) Without the prior written approval of the banking
85-24 commissioner, a person subject to a final and enforceable removal
85-25 or prohibition order issued by the banking commissioner under this
85-26 subchapter may not:
85-27 (1) serve as a director, officer, or employee of a
86-1 [any] state trust company, state bank, or other entity chartered or
86-2 licensed by the banking commissioner under the laws of this state
86-3 while the order is in effect, including an interstate branch, trust
86-4 office, or representative office in this state of an out-of-state
86-5 bank, trust company, or foreign bank;
86-6 (2) directly or indirectly participate in any manner
86-7 in the management of such an entity;
86-8 (3) directly or indirectly vote for a director of such
86-9 an entity; or
86-10 (4) solicit, procure, transfer, attempt to transfer,
86-11 vote, or attempt to vote a proxy, consent, or authorization with
86-12 respect to voting rights in such an entity.
86-13 (b) Section 4.013, Chapter 344, Acts of the 76th
86-14 Legislature, Regular Session, 1999, is repealed.
86-15 SECTION 6.019. (a) Section 186.104(a), Finance Code, is
86-16 amended to conform to Section 4.016, Chapter 344, Acts of the 76th
86-17 Legislature, Regular Session, 1999, to read as follows:
86-18 (a) A state trust company shall publish notice of its
86-19 pending dissolution in a newspaper of general circulation in each
86-20 community where its home office or an additional trust office [a
86-21 branch] is located:
86-22 (1) at least once each week for eight consecutive
86-23 weeks; or
86-24 (2) at other times specified by the banking
86-25 commissioner or rules adopted under this subtitle.
86-26 (b) Section 4.016, Chapter 344, Acts of the 76th
86-27 Legislature, Regular Session, 1999, is repealed.
87-1 SECTION 6.020. (a) Section 186.106, Finance Code, is
87-2 amended to conform to Section 4.015, Chapter 344, Acts of the 76th
87-3 Legislature, Regular Session, 1999, to read as follows:
87-4 Sec. 186.106. OFFICES TO REMAIN OPEN. Unless the banking
87-5 commissioner directs or consents otherwise, the home office and all
87-6 additional trust [branch] offices of a state trust company
87-7 initiating voluntary dissolution shall remain open for business
87-8 during normal business hours until the last date specified in
87-9 published notices for presentation of claims, withdrawal of
87-10 accounts, and redemption of property.
87-11 (b) Section 4.015, Chapter 344, Acts of the 76th
87-12 Legislature, Regular Session, 1999, is repealed.
87-13 SECTION 6.021. (a) Section 186.108(d), Finance Code, is
87-14 amended to conform to Section 4.017, Chapter 344, Acts of the 76th
87-15 Legislature, Regular Session, 1999, to read as follows:
87-16 (d) After distribution of all remaining assets under
87-17 Subsection (c), the state trust company shall file with the
87-18 department:
87-19 (1) an affidavit and schedules sworn to or affirmed by
87-20 a majority of the board or managing participants, showing the
87-21 distribution to each shareholder, participant, or
87-22 participant-transferee;
87-23 (2) all copies of reports of examination of the state
87-24 trust company in its possession;
87-25 (3) its original charter or an affidavit stating that
87-26 the original charter is lost; and
87-27 (4) any [branch] certificates of authority for
88-1 additional trust offices.
88-2 (b) Section 4.017, Chapter 344, Acts of the 76th
88-3 Legislature, Regular Session, 1999, is repealed.
88-4 SECTION 6.022. (a) Section 186.205(a), Finance Code, is
88-5 amended to conform to Section 4.018, Chapter 344, Acts of the 76th
88-6 Legislature, Regular Session, 1999, to read as follows:
88-7 (a) As soon as reasonably practicable after initiation of
88-8 the receivership proceeding, the receiver shall publish notice, in
88-9 a newspaper of general circulation in each community where the
88-10 state trust company's home office or any additional trust office [a
88-11 branch] is located. The notice must state that:
88-12 (1) the state trust company has been closed for
88-13 liquidation;
88-14 (2) clients and creditors must present their claims
88-15 for payment on or before a specific date; and
88-16 (3) all safe deposit box holders and bailors of
88-17 property left with the state trust company should remove their
88-18 property not later than a specified date.
88-19 (b) Section 4.018, Chapter 344, Acts of the 76th
88-20 Legislature, Regular Session, 1999, is repealed.
88-21 SECTION 6.023. (a) Section 199.002, Finance Code, is
88-22 amended to conform to Section 4.020, Chapter 344, Acts of the 76th
88-23 Legislature, Regular Session, 1999, to read as follows:
88-24 Sec. 199.002. AUTHORITY TO ACT AS NOTARY PUBLIC. A notary
88-25 public is not disqualified from taking an acknowledgment or proof
88-26 of a written instrument as provided by Section 406.016, Government
88-27 Code, solely because of the person's ownership of stock or
89-1 participation interest in or employment by a [state] trust
89-2 institution [company] that is an interested party in the underlying
89-3 transaction, including a state trust company or a trust institution
89-4 organized under the laws of another state that lawfully maintains
89-5 an office in this state.
89-6 (b) Section 4.020, Chapter 344, Acts of the 76th
89-7 Legislature, Regular Session, 1999, is repealed.
89-8 SECTION 6.024. (a) Section 199.003, Finance Code, is
89-9 amended to conform to Section 4.022, Chapter 344, Acts of the 76th
89-10 Legislature, Regular Session, 1999, to read as follows:
89-11 Sec. 199.003. SUCCESSION OF TRUST POWERS. (a) If, at the
89-12 time of a merger, reorganization, conversion, [or] sale of
89-13 substantially all of its assets under Chapter 182 or 187 or other
89-14 applicable law, or sale of substantially all of its trust accounts
89-15 and related activities at a separate branch or trust office, a
89-16 reorganizing or selling state trust company is acting as trustee,
89-17 guardian, executor, or administrator, or in another fiduciary
89-18 capacity, a [the] successor or purchasing trust institution with
89-19 sufficient fiduciary authority may [entity with fiduciary powers
89-20 may, without the necessity of judicial action or action by the
89-21 creator of the trust,] continue the office, trust, or fiduciary
89-22 relationship:
89-23 (1) without the necessity of judicial action or action
89-24 by the creator of the office, trust, or fiduciary relationship; and
89-25 (2) without regard to whether the successor or
89-26 purchasing trust institution meets qualification requirements
89-27 specified in an instrument creating the office, trust, or fiduciary
90-1 relationship other than a requirement related to geographic locale
90-2 of account administration, including requirements as to
90-3 jurisdiction of incorporation, location of principal office, or
90-4 type of financial institution.
90-5 (b) The successor or purchasing trust institution [entity]
90-6 may perform all the duties and exercise all the powers connected
90-7 with or incidental to the fiduciary relationship in the same manner
90-8 as if the successor or purchasing trust institution [entity] had
90-9 been originally designated as the fiduciary.
90-10 (b) Section 4.022, Chapter 344, Acts of the 76th
90-11 Legislature, Regular Session, 1999, is repealed.
90-12 SECTION 6.025. (a) Section 199.004, Finance Code, is
90-13 amended to conform to Section 4.023, Chapter 344, Acts of the 76th
90-14 Legislature, Regular Session, 1999, to read as follows:
90-15 Sec. 199.004. DISCOVERY OF CLIENT RECORDS. Civil discovery
90-16 of a client record maintained by a trust institution, including a
90-17 state trust company or a trust institution organized under the laws
90-18 of another state that lawfully maintains an office in this state,
90-19 is governed by Section 59.006 [30.007, Civil Practice and Remedies
90-20 Code].
90-21 (b) Section 4.023, Chapter 344, Acts of the 76th
90-22 Legislature, Regular Session, 1999, is repealed.
90-23 SECTION 6.026. (a) Section 199.005, Finance Code, is
90-24 amended to conform to Section 4.024, Chapter 344, Acts of the 76th
90-25 Legislature, Regular Session, 1999, to read as follows:
90-26 Sec. 199.005. COMPLIANCE REVIEW COMMITTEE. A trust company
90-27 may establish a compliance review committee as provided by Section
91-1 59.009. [(a) A state trust company or an affiliate of a state
91-2 trust company, including its holding company, may establish a
91-3 compliance review committee to test, review, or evaluate the
91-4 institution's conduct, transactions, or potential transactions for
91-5 the purpose of monitoring and improving or enforcing compliance
91-6 with:]
91-7 [(1) a statutory or regulatory requirement;]
91-8 [(2) financial reporting to a governmental agency;]
91-9 [(3) the policies and procedures of the state trust
91-10 company or its affiliates; or]
91-11 [(4) safe, sound, and fair lending practices.]
91-12 [(b) Except as provided by Subsection (c):]
91-13 [(1) a compliance review document is confidential and
91-14 is not discoverable or admissible in evidence in a civil action;]
91-15 [(2) an individual serving on a compliance review
91-16 committee or acting under the direction of a compliance review
91-17 committee may not be required to testify in a civil action as to:]
91-18 [(A) the contents or conclusions of a compliance
91-19 review document; or]
91-20 [(B) an action taken or discussions conducted by
91-21 or for a compliance review committee; and]
91-22 [(3) a compliance review document or an action taken
91-23 or discussion conducted by or for a compliance review committee
91-24 that is disclosed to a governmental agency remains confidential and
91-25 is not discoverable or admissible in a civil action.]
91-26 [(c) Subsection (b)(2) does not apply to an individual who
91-27 has management responsibility for the operations, records,
92-1 employees, or activities being examined or evaluated by the
92-2 compliance review committee.]
92-3 [(d) This section does not limit the discovery or
92-4 admissibility in a civil action of a document that is not a
92-5 compliance review document.]
92-6 [(e) In this section:]
92-7 [(1) "Civil action" means a civil proceeding pending
92-8 in a court or other adjudicatory tribunal with jurisdiction to
92-9 issue a request or subpoena for records, including a voluntary or
92-10 required alternative dispute resolution mechanism under which a
92-11 party may compel the production of records. The term does not
92-12 include an examination or enforcement proceeding initiated by the
92-13 Federal Deposit Insurance Corporation or its successor and the
92-14 board of governors of the Federal Reserve System or its successor,
92-15 in exercise of their jurisdiction.]
92-16 [(2) "Compliance review document" means a document
92-17 prepared for or created by a compliance review committee.]
92-18 (b) Section 4.024, Chapter 344, Acts of the 76th
92-19 Legislature, Regular Session, 1999, is repealed.
92-20 SECTION 6.027. Sections 181.002(a)(3), (6), (16), and (20),
92-21 Finance Code, are repealed to conform to Section 9.002(b)(1),
92-22 Chapter 344, Acts of the 76th Legislature, Regular Session, 1999.
92-23 SECTION 6.028. Section 154.258(a), Finance Code, is amended
92-24 to correct a reference to read as follows:
92-25 (a) Money in a prepaid funeral benefits trust may be
92-26 invested only in:
92-27 (1) demand deposits, savings accounts, certificates of
93-1 deposit, or other accounts issued by financial institutions if the
93-2 amounts deposited in those accounts are fully covered by federal
93-3 deposit insurance or otherwise fully secured by a separate fund of
93-4 securities in the manner provided by Section 184.301, Finance Code
93-5 [5.401, Texas Trust Company Act (Article 342a-5.401, Vernon's Texas
93-6 Civil Statutes)], and rules adopted under that section;
93-7 (2) bonds, evidences of indebtedness, or obligations
93-8 of the United States or an instrumentality of the United States;
93-9 (3) bonds, evidences of indebtedness, or obligations
93-10 the principal and interest of which are guaranteed by the full
93-11 faith and credit of the United States;
93-12 (4) bonds of a state or local government that are
93-13 exempt from federal income taxation and that are rated:
93-14 (A) "Aa" or better by Moody's bond rating
93-15 service; or
93-16 (B) "AA" or better by Standard and Poor's bond
93-17 rating service;
93-18 (5) bonds, evidences of indebtedness, or obligations
93-19 of corporations organized under state or federal law and that are
93-20 rated:
93-21 (A) "A" or better by Moody's bond rating
93-22 service; or
93-23 (B) "A" or better by Standard and Poor's bond
93-24 rating service;
93-25 (6) notes, evidences of indebtedness, or participation
93-26 in notes or evidences of indebtedness, secured by a first lien on
93-27 real property located in the United States, if the amount of each
94-1 obligation does not exceed 90 percent of the value of the real
94-2 property securing that obligation;
94-3 (7) common stock of a corporation that is organized
94-4 under state or federal law and:
94-5 (A) has a net worth of at least $1 million; or
94-6 (B) will have a net worth of at least $1 million
94-7 after completion of a securities offering to which the trust is
94-8 subscribing;
94-9 (8) preferred stock of a corporation organized under
94-10 state or federal law and that is rated:
94-11 (A) "Baa" or better by Moody's bond rating
94-12 service; or
94-13 (B) "BBB" or better by Standard and Poor's bond
94-14 rating service;
94-15 (9) investments not covered by this subsection,
94-16 including real property, oil and gas interests, and limited
94-17 partnerships;
94-18 (10) mutual funds, collective investment funds, or
94-19 similar participative investment funds, the assets of which are
94-20 invested only in investments that are permitted under this section
94-21 and that, if aggregated with other investments, meet the percentage
94-22 limitations specified by this section; and
94-23 (11) other investments the department approves in
94-24 writing.
94-25 SECTION 6.029. Section 105A(d), Texas Probate Code, is
94-26 amended to correct a reference to read as follows:
94-27 (d) The provisions hereof are in addition to, and not a
95-1 limitation on, the provisions of Subtitle F or G, Title 3, Finance
95-2 Code[, and the Texas Trust Company Act (Article 342a-1.001 et seq.,
95-3 Vernon's Texas Civil Statutes)].
95-4 SECTION 6.030. Section B, Article 2.31, Texas Non-Profit
95-5 Corporation Act (Article 1396-2.31, Vernon's Texas Civil Statutes),
95-6 is amended to correct a reference to read as follows:
95-7 B. Any corporation (or person or entity assisting such
95-8 corporation) described in this article shall have immunity from
95-9 suit (including both a defense to liability and the right not to
95-10 bear the cost, burden, and risk of discovery and trial) as to any
95-11 claim alleging that the corporation's role as trustee of a trust
95-12 described in this article constitutes engaging in the trust
95-13 business in a manner requiring a state charter as defined in
95-14 Section 181.002(a)(9), Finance Code [1.002(a)(9), Texas Trust
95-15 Company Act (Article 342a-1.002, Vernon's Texas Civil Statutes)].
95-16 An interlocutory appeal may be taken if a court denies or otherwise
95-17 fails to grant a motion for summary judgment that is based on an
95-18 assertion of the immunity provided in this subsection.
95-19 PART 2. OTHER CHANGES RELATING TO
95-20 FINANCE CODE
95-21 SECTION 6.101. (a) Section 61.002(9), Finance Code, is
95-22 amended to conform to Section 3, Chapter 994, Acts of the 75th
95-23 Legislature, Regular Session, 1997, to read as follows:
95-24 (9) "Federal association" means a savings and loan
95-25 association incorporated under the Home Owners' Loan Act (12 U.S.C.
95-26 Section 1461 et seq.)[, the principal business office of which is
95-27 located in this state].
96-1 (b) Section 3, Chapter 994, Acts of the 75th Legislature,
96-2 Regular Session, 1997, is repealed.
96-3 SECTION 6.102. Section 153.117(a), Finance Code, as amended
96-4 by Chapters 62, 344, and 356, Acts of the 76th Legislature, Regular
96-5 Session, 1999, is reenacted and amended to read as follows:
96-6 (a) The following persons are not required to be licensed
96-7 under this chapter:
96-8 (1) a federally insured financial institution, as that
96-9 term is defined by Section 201.101 [as that term is defined by
96-10 state law governing bank holding companies and interstate bank
96-11 operations], that is organized under the laws of this state,
96-12 another state, or the United States;
96-13 (2) a foreign bank branch or agency in the United
96-14 States established under the federal International Banking Act of
96-15 1978 (12 U.S.C. Section 3101 et seq.), as amended;
96-16 (3) [(2)] a license holder under Chapter 152, except
96-17 that the license holder is required to comply with the other
96-18 provisions of this chapter to the extent the license holder engages
96-19 in currency exchange, transportation, or transmission transactions;
96-20 (4) a person registered as a securities dealer under
96-21 The Securities Act (Article 581-1 et seq., Vernon's Texas Civil
96-22 Statutes);
96-23 (5) an attorney or title company that in connection
96-24 with a real property transaction receives and disburses only
96-25 domestic currency on behalf of a party to the transaction;
96-26 (6) a Federal Reserve bank;
96-27 (7) a clearinghouse exercising bank payment,
97-1 collection, and clearing functions; or
97-2 (8) another person that the commissioner may exempt by
97-3 rule if the commissioner finds that the licensing of the person is
97-4 not necessary or appropriate to achieve the objectives of this
97-5 chapter.
97-6 SECTION 6.103. (a) The amendments made by this section are
97-7 to correct references to Section 30.007, Civil Practice and
97-8 Remedies Code.
97-9 (b) Section 35.203(g), Finance Code, is amended to read as
97-10 follows:
97-11 (g) A subpoena issued under this section to a financial
97-12 institution is not subject to Section 59.006 [30.007, Civil
97-13 Practice and Remedies Code].
97-14 (c) Section 36.214(f), Finance Code, is amended to read as
97-15 follows:
97-16 (f) A subpoena issued under this section to a financial
97-17 institution is not subject to Section 59.006 [30.007, Civil
97-18 Practice and Remedies Code, as added by Chapter 914, Acts of the
97-19 74th Legislature, Regular Session, 1995].
97-20 (d) Section 36.224(d), Finance Code, is amended to read as
97-21 follows:
97-22 (d) Records of a liquidated bank are not government records
97-23 for any purpose, including Chapter 552, Government Code, but shall
97-24 be preserved and disposed of as if they were records of the
97-25 department under Chapter 441, Government Code. Those records are
97-26 confidential as provided by:
97-27 (1) Subchapter D, Chapter 31;
98-1 (2) Section 59.006; and
98-2 (3) rules adopted under this subtitle[; and]
98-3 [(3) Section 30.007, Civil Practice and Remedies Code,
98-4 as added by Chapter 914, Acts of the 74th Legislature, Regular
98-5 Session, 1995].
98-6 (e) Section 185.202(g), Finance Code, is amended to read as
98-7 follows:
98-8 (g) A subpoena issued under this section to a financial
98-9 institution is not subject to Section 59.006 [30.007, Civil
98-10 Practice and Remedies Code].
98-11 (f) Section 186.214(f), Finance Code, is amended to read as
98-12 follows:
98-13 (f) A subpoena issued under this section to a financial
98-14 institution is not subject to Section 59.006 [30.007, Civil
98-15 Practice and Remedies Code].
98-16 (g) Section 186.224(d), Finance Code, is amended to read as
98-17 follows:
98-18 (d) Records of a liquidated state trust company are not
98-19 government records for any purpose, including Chapter 552,
98-20 Government Code, but shall be preserved and disposed of as if they
98-21 were records of the department under Chapter 441, Government Code.
98-22 Those records are confidential as provided by:
98-23 (1) Section 59.006;
98-24 (2) Subchapter D, Chapter 181; and
98-25 (3) [(2)] rules adopted under this subtitle[; and]
98-26 [(3) Section 30.007, Civil Practice and Remedies
98-27 Code].
99-1 ARTICLE 7. CHANGES RELATING TO GOVERNMENT CODE:
99-2 ADOPTION OF TITLE 11
99-3 PART 1. TITLE 11 OF THE GOVERNMENT CODE
99-4 SECTION 7.001. The Government Code is amended by adding Title
99-5 11 to read as follows:
99-6 TITLE 11. STATE SYMBOLS AND HONORS; PRESERVATION
99-7 SUBTITLE A. STATE SYMBOLS AND HONORS
99-8 CHAPTER 3100. STATE FLAG
99-9 SUBCHAPTER A. GENERAL PROVISIONS
99-10 Sec. 3100.001. STATE FLAG. The state flag is the 1839
99-11 national flag of the Republic of Texas.
99-12 Sec. 3100.002. DESCRIPTION: IN GENERAL. (a) The state
99-13 flag is a rectangle that:
99-14 (1) has a width to length ratio of two to three; and
99-15 (2) contains:
99-16 (A) one blue vertical stripe that has a width
99-17 equal to one-third the length of the flag;
99-18 (B) two equal horizontal stripes, the upper
99-19 stripe white, the lower stripe red, each having a length equal to
99-20 two-thirds the length of the flag; and
99-21 (C) one white, regular five-pointed star:
99-22 (i) located in the center of the blue
99-23 stripe;
99-24 (ii) oriented so that one point faces
99-25 upward; and
99-26 (iii) sized so that the diameter of a
99-27 circle passing through the five points of the star is equal to
100-1 three-fourths the width of the blue stripe.
100-2 (b) The red and blue of the state flag are:
100-3 (1) the same colors used in the United States flag;
100-4 and
100-5 (2) defined as numbers 193 (red) and 281 (dark blue)
100-6 of the Pantone Matching System.
100-7 (c) The red, white, and blue of the state flag represent,
100-8 respectively, bravery, purity, and loyalty.
100-9 Sec. 3100.003. DESCRIPTION UNDER GOVERNOR'S RULES. In
100-10 addition to each requirement prescribed by Section 3100.002, the
100-11 governor by executive order published in the Texas Register may
100-12 prescribe changes or other rules relating to the description of the
100-13 state flag.
100-14 Sec. 3100.004. STATE FLAG MOUNTED ON FLAGSTAFF. (a) If the
100-15 state flag is mounted on a flagstaff:
100-16 (1) the flag should be attached at the peak of the
100-17 staff;
100-18 (2) the staff should be at least 2-1/2 times as long
100-19 as the flag's hoist; and
100-20 (3) if the staff has a finial, the finial should be a
100-21 star or a spearhead.
100-22 (b) If the state flag is permanently mounted on a flagstaff:
100-23 (1) the flag may be decorated with gold fringe; and
100-24 (2) the staff may be decorated with gold cord or
100-25 tassels.
100-26 (Sections 3100.005-3100.050 reserved for expansion)
100-27 SUBCHAPTER B. DISPLAY OF STATE FLAG
101-1 Sec. 3100.051. DISPLAY: IN GENERAL. The state flag should
101-2 be displayed:
101-3 (1) on each state or national holiday and on any
101-4 special occasion of historical significance; and
101-5 (2) daily on or near the main administration building
101-6 of each state institution.
101-7 Sec. 3100.052. DISPLAY OUTDOORS. (a) The state flag should
101-8 not normally be displayed outdoors before sunrise or after sunset.
101-9 (b) For patriotic effect, the state flag may be displayed
101-10 outdoors:
101-11 (1) 24 hours a day, if properly illuminated during
101-12 darkness; or
101-13 (2) in the same circumstances that the flag of the
101-14 United States may be displayed.
101-15 (c) The state flag should not be displayed outdoors during
101-16 inclement weather unless the flag is a weatherproof flag.
101-17 Sec. 3100.053. ORIENTATION ON FLAGPOLE OR FLAGSTAFF. If the
101-18 state flag is displayed on a flagpole or flagstaff, the white
101-19 stripe should be at the top of the flag, except as a signal of dire
101-20 distress in an instance of extreme danger to life or property.
101-21 Sec. 3100.054. DISPLAY ON FLAGPOLE OR FLAGSTAFF WITH OTHER
101-22 FLAG: IN GENERAL. A flag or pennant, other than the flag of the
101-23 United States, displayed with the state flag:
101-24 (1) should not be above the state flag; or
101-25 (2) if the other flag or pennant is at the same height
101-26 as the state flag, should not be, from the perspective of an
101-27 observer, to the left of the state flag.
102-1 Sec. 3100.055. DISPLAY ON FLAGPOLE OR FLAGSTAFF WITH FLAG OF
102-2 UNITED STATES. (a) If it is necessary for the state flag and the
102-3 flag of the United States to be displayed on the same flagpole or
102-4 flagstaff, the United States flag should be above the state flag.
102-5 (b) If the state flag and the flag of the United States are
102-6 displayed on flagpoles or flagstaffs at the same location:
102-7 (1) the flags should be displayed on flagpoles or
102-8 flagstaffs of the same height;
102-9 (2) the flags should be of approximately equal size;
102-10 (3) the flag of the United States should be, from the
102-11 perspective of an observer, to the left of the state flag;
102-12 (4) the flag of the United States should be hoisted
102-13 before the state flag is hoisted; and
102-14 (5) the state flag should be lowered before the flag
102-15 of the United States is lowered.
102-16 Sec. 3100.056. DISPLAY ON FLAGPOLE OR FLAGSTAFF WITH FLAGS
102-17 OF MUNICIPALITIES, LOCALITIES, OR ORGANIZATIONS. (a) If the state
102-18 flag is displayed on a flagpole or flagstaff with a group of flags
102-19 or pennants of municipalities, localities, or organizations that
102-20 are displayed on flagpoles or flagstaffs, the state flag should be
102-21 at the center and at the highest point of the group.
102-22 (b) If the state flag is displayed on the same halyard as a
102-23 flag or pennant of a municipality, locality, or organization, the
102-24 state flag should be at the peak.
102-25 (c) If the state flag and the flag or pennant of a
102-26 municipality, locality, or organization are displayed on adjacent
102-27 flagpoles or flagstaffs:
103-1 (1) the state flag should be hoisted before the flag
103-2 or pennant of the municipality, locality, or organization is
103-3 hoisted; and
103-4 (2) the flag or pennant of the municipality, locality,
103-5 or organization should be lowered before the state flag is lowered.
103-6 Sec. 3100.057. DISPLAY ON FLAGPOLE OR FLAGSTAFF WITH FLAGS
103-7 OF OTHER STATES, OTHER NATIONS, OR INTERNATIONAL ORGANIZATIONS. (a)
103-8 If the state flag is displayed with the flag of another state of
103-9 the United States, of a nation other than the United States, or of
103-10 an international organization, the state flag:
103-11 (1) should be, from the perspective of an observer, to
103-12 the left of the other flag on a separate flagpole or flagstaff; and
103-13 (2) should not be above the other flag on the same
103-14 flagpole or flagstaff or on a taller flagpole or flagstaff than the
103-15 flagpole or flagstaff on which the other flag is displayed.
103-16 (b) This section does not apply to the United States,
103-17 including the armed services, if federal custom or practice
103-18 requires another manner of display.
103-19 Sec. 3100.058. DISPLAY WITH OTHER FLAG ON CROSSED
103-20 FLAGSTAFFS. (a) If the state flag is displayed with another flag,
103-21 other than the flag of the United States, against a wall on crossed
103-22 flagstaffs, the state flag should:
103-23 (1) be, from the perspective of an observer, to the
103-24 left of the other flag; and
103-25 (2) have its flagstaff in front of the flagstaff of
103-26 the other flag.
103-27 (b) If the state flag and the flag of the United States are
104-1 displayed against a wall on crossed flagstaffs, the state flag
104-2 should:
104-3 (1) be, from the perspective of an observer, to the
104-4 right of the flag of the United States; and
104-5 (2) have its flagstaff behind the flagstaff of the
104-6 United States flag.
104-7 Sec. 3100.059. HORIZONTAL AND VERTICAL DISPLAY. (a) If the
104-8 state flag is displayed horizontally, the white stripe should be
104-9 above the red stripe and, from the perspective of an observer, to
104-10 the right of the blue stripe.
104-11 (b) If the state flag is displayed vertically:
104-12 (1) the blue stripe should be above the white and red
104-13 stripes; and
104-14 (2) the white stripe should be, from the perspective
104-15 of an observer, to the left of the red stripe.
104-16 Sec. 3100.060. DISPLAY FROM OR IN BUILDING. (a) If the
104-17 state flag is displayed from a flagstaff that projects horizontally
104-18 or at an angle from a building, the top of the flag should be
104-19 placed at the peak of the staff unless the flag is at half-staff.
104-20 (b) If the state flag is suspended over a sidewalk from a
104-21 rope that extends from a building to a pole at the edge of a
104-22 sidewalk, the flag should be hoisted from the building so that the
104-23 white stripe is nearest the pole.
104-24 (c) If the state flag is suspended across a corridor or
104-25 lobby in a building that has only one main entrance, the flag
104-26 should be suspended vertically so that the white stripe is, from
104-27 the perspective of an observer who is entering the building, to the
105-1 left of the red stripe. If the building has more than one main
105-2 entrance, the state flag should be suspended vertically near the
105-3 center of the corridor or lobby. If the entrances are on the east
105-4 and west faces of the building, the white stripe should be to the
105-5 north. If the entrances are on the north and south faces of the
105-6 building, the white stripe should be to the east. If there are
105-7 entrances on more than two faces of the building, the white stripe
105-8 should be to the east.
105-9 (d) If the state flag is displayed in a window, the white
105-10 stripe should be above the red stripe and, from the perspective of
105-11 an observer who is outside the window, to the right of the blue
105-12 stripe.
105-13 Sec. 3100.061. DISPLAY OVER STREET. If the state flag is
105-14 displayed over a street, the flag should be suspended vertically
105-15 with the blue stripe above the white and red stripes. If the
105-16 street is an east-west street, the white stripe should be to the
105-17 north. If the street is a north-south street, the white stripe
105-18 should be to the east.
105-19 Sec. 3100.062. DISPLAY ON SPEAKER'S PLATFORM. (a) If the
105-20 state flag is displayed flat on a speaker's platform, the flag
105-21 should be displayed above and behind the speaker.
105-22 (b) If the state flag and the flag of the United States are
105-23 displayed on a speaker's platform, the state flag should be, from
105-24 the perspective of an observer, to the right of the United States
105-25 flag.
105-26 (c) The use of the state flag to drape the front of a
105-27 platform is governed by Section 3100.070(c).
106-1 Sec. 3100.063. DISPLAY ON CASKET. (a) If the state flag is
106-2 used to cover a casket, the flag should be placed so that:
106-3 (1) the blue stripe is at the head of the casket; and
106-4 (2) the white stripe is over the left shoulder of the
106-5 casket.
106-6 (b) The state flag should not be lowered in the grave or
106-7 allowed to touch the ground.
106-8 Sec. 3100.064. DISPLAY ON FLAGSTAFF ON MOTOR VEHICLE. If the
106-9 state flag is displayed on a flagstaff on a motor vehicle, the
106-10 staff should be attached firmly to the chassis or clamped to the
106-11 right fender. If the flag of the United States and the state flag
106-12 are displayed on flagstaffs on a motor vehicle:
106-13 (1) the staff of the flag of the United States should
106-14 be clamped to the right fender of the vehicle; and
106-15 (2) the staff of the state flag should be clamped to
106-16 the left fender of the vehicle.
106-17 Sec. 3100.065. DISPLAY AT HALF-STAFF. (a) If the state flag
106-18 is to be displayed at half-staff, the flag should be hoisted to the
106-19 peak of the flagpole for an instant and then lowered to the
106-20 half-staff position.
106-21 (b) Before the state flag is lowered for the day, it should
106-22 first be raised to the peak of the flagpole.
106-23 (c) On Memorial Day, the state flag should be displayed at
106-24 half-staff until noon and at that time raised to the peak of the
106-25 flagpole.
106-26 (d) The state flag should be displayed at half-staff on
106-27 Peace Officers Memorial Day, May 15, unless that date is also Armed
107-1 Forces Day.
107-2 (e) By order of the governor, the state flag shall be
107-3 displayed at half-staff on a person's death as a mark of respect to
107-4 the memory of that person.
107-5 Sec. 3100.066. CARRYING OF STATE FLAG: IN GENERAL. The state
107-6 flag should, when practicable, be carried aloft and free, not flat
107-7 or horizontally.
107-8 Sec. 3100.067. CARRYING IN PROCESSION WITH OTHER FLAGS. (a)
107-9 If the state flag is carried in a procession with another flag,
107-10 other than the flag of the United States, the state flag should be
107-11 on the marching right. If there is a line of other flags in the
107-12 procession, the state flag should be in front of the center of that
107-13 line.
107-14 (b) If the flag of the United States is carried in a
107-15 procession with the state flag, the flag of the United States
107-16 should be on the marching right.
107-17 Sec. 3100.068. HOISTING AND LOWERING; PASSING IN PARADE OR
107-18 REVIEW. (a) The state flag should be hoisted briskly and lowered
107-19 ceremoniously.
107-20 (b) During the ceremony of hoisting or lowering the state
107-21 flag or if the flag is passing in a parade or in review:
107-22 (1) each citizen of this state who is present and not
107-23 in uniform should:
107-24 (A) face the state flag and stand at attention
107-25 with the person's right hand over the heart; and
107-26 (B) if wearing a head covering that is easy to
107-27 remove, remove the head covering with the right hand and hold it at
108-1 the person's left shoulder, with the person's hand over the heart;
108-2 (2) each person who is present and in uniform should
108-3 make the military salute; and
108-4 (3) each person who is present but not a citizen of
108-5 this state should stand at attention.
108-6 (c) The salute to the state flag in a moving column shall be
108-7 made at the moment the state flag passes that person.
108-8 Sec. 3100.069. STATE FLAG AS FEATURE OF UNVEILING CEREMONY.
108-9 (a) The state flag should form a distinctive feature of the
108-10 ceremony of unveiling a statue or monument.
108-11 (b) The state flag should not be used as the covering for
108-12 the statue or monument.
108-13 Sec. 3100.070. LIMITATIONS ON DISPLAY. (a) The state flag
108-14 should not:
108-15 (1) touch anything beneath it, including the ground or
108-16 floor;
108-17 (2) be dipped to any person or thing, except as a mark
108-18 of honor for the United States flag;
108-19 (3) trail in water;
108-20 (4) have placed on any part of it, or attached to it,
108-21 any mark, word, figure, design, picture, or drawing;
108-22 (5) be used or stored in a manner in which it can
108-23 easily be soiled or damaged;
108-24 (6) be used as a receptacle for receiving, holding,
108-25 carrying, or delivering anything;
108-26 (7) be displayed on a float in a parade, except from a
108-27 staff or in the manner provided by Section 3100.059;
109-1 (8) be draped over the hood, top, side, or back of any
109-2 vehicle, train, boat, or aircraft;
109-3 (9) be used as bedding or drapery;
109-4 (10) be festooned or drawn back or up in folds, but
109-5 instead allowed to fall free; or
109-6 (11) be used as a covering for a ceiling.
109-7 (b) Advertising should not be fastened to a flagpole,
109-8 flagstaff, or halyard on which the state flag is displayed.
109-9 (c) Bunting of blue, white, and red, arranged with the blue
109-10 above, the white in the middle, and the red below, should be used
109-11 instead of the state flag to cover a speaker's desk or to drape the
109-12 front of a platform and for decoration in general.
109-13 Sec. 3100.071. AUTHORITY OF GOVERNOR. By executive order
109-14 published in the Texas Register, the governor may:
109-15 (1) change or repeal any requirement relating to the
109-16 display of the state flag provided by Sections 3100.051-3100.070;
109-17 or
109-18 (2) prescribe additional requirements concerning the
109-19 display of the state flag.
109-20 Sec. 3100.072. LIMITATIONS ON GOVERNMENTAL SUBDIVISION OR
109-21 AGENCY. (a) A governmental subdivision or agency may not enact or
109-22 enforce a law that prohibits:
109-23 (1) the display of:
109-24 (A) a municipal flag;
109-25 (B) the state flag;
109-26 (C) the flag of another state of the United
109-27 States;
110-1 (D) the United States flag; or
110-2 (E) the flag of a nation other than the United
110-3 States; or
110-4 (2) any conduct covered by this subchapter.
110-5 (b) This section does not prohibit a governmental
110-6 subdivision or agency from enacting or enforcing a law to protect
110-7 the public health or safety.
110-8 (Sections 3100.073-3100.100 reserved for expansion
110-9 SUBCHAPTER C. PLEDGE OF ALLEGIANCE TO STATE FLAG
110-10 Sec. 3100.101. PLEDGE. The pledge of allegiance to the state
110-11 flag is: "Honor the Texas flag; I pledge allegiance to thee,
110-12 Texas, one and indivisible."
110-13 Sec. 3100.102. OCCASIONS AT WHICH PLEDGE MAY BE RECITED. The
110-14 pledge of allegiance to the state flag may be recited at any:
110-15 (1) public or private meeting at which the pledge of
110-16 allegiance to the United States flag is recited; and
110-17 (2) state historical event or celebration.
110-18 Sec. 3100.103. ORDER OF RECITATION. The pledge of allegiance
110-19 to the flag of the United States should be recited before the
110-20 pledge of allegiance to the state flag if both are recited.
110-21 Sec. 3100.104. RECITING PLEDGE. If the pledge to the state
110-22 flag is recited, each person who is present and:
110-23 (1) not in uniform should:
110-24 (A) face the state flag and stand at attention
110-25 with the person's right hand over the heart;
110-26 (B) if wearing a head covering that is easy to
110-27 remove, remove that head covering with the right hand and hold it
111-1 at the person's left shoulder, with the person's hand over the
111-2 heart; and
111-3 (C) recite the pledge; or
111-4 (2) in uniform should remain silent, face the flag,
111-5 and make the military salute.
111-6 (Sections 3100.105-3100.150 reserved for expansion
111-7 SUBCHAPTER D. RETIREMENT OF STATE FLAG
111-8 Sec. 3100.151. MANNER OF RETIREMENT. (a) If a state flag is
111-9 no longer used or useful as an emblem for display, it should be
111-10 destroyed, preferably by burning, in a ceremony or another
111-11 dignified way that emphasizes its honor as a fitting emblem for
111-12 this state.
111-13 (b) It is encouraged that retirement of the state flag be a
111-14 public ceremony under the direction of uniformed personnel
111-15 representing a state or national military service or a patriotic
111-16 society, but the state flag may be retired in a private ceremony.
111-17 Sec. 3100.152. CONDUCT OF RETIREMENT CEREMONY. (a) A
111-18 retirement ceremony for a state flag should be conducted with the
111-19 honor and respect inherent in the traditions of this state.
111-20 (b) During a retirement ceremony:
111-21 (1) each citizen of this state who is present and not
111-22 in uniform should:
111-23 (A) stand at attention with the person's right
111-24 hand over the heart; and
111-25 (B) if wearing a head covering that is easy to
111-26 remove, remove the head covering with the person's right hand and
111-27 hold it at the person's left shoulder, with the right hand over the
112-1 heart;
112-2 (2) each person who is present and in uniform should
112-3 make the military salute at the appropriate time as designated by
112-4 the ceremony; and
112-5 (3) each person who is present but not a citizen of
112-6 this state should stand at attention.
112-7 (c) In a retirement ceremony in which the flag is to be
112-8 burned or buried, the flag may be retired as a whole or the colors
112-9 of the flag may be separated for individual dedication, with the
112-10 separation taking place immediately before the retirement and
112-11 dedication ceremony.
112-12 (d) The official retirement ceremony for the state flag
112-13 encouraged for public use is:
112-14 I am your Texas flag!
112-15 I was born January 25, 1839.
112-16 I am one of only two flags of an American state that has also
112-17 served as the symbol of an independent nation--The Republic
112-18 of Texas.
112-19 While you may honor me in retirement, the spirit I represent
112-20 will never retire!
112-21 I represent the spirit of Texas--Yesterday, Today, and
112-22 Tomorrow!
112-23 I represent the bravery of the Alamo and the Victory at San
112-24 Jacinto.
112-25 My spirit rode with the Texas Rangers over the Forts Trail of
112-26 the Big Country and herded cattle through the Fort Worth
112-27 stockyards. I have sailed up Galveston Bay and kept a
113-1 watchful eye over our El Paso del Norte.
113-2 My colors are in the waters of the Red River and in the
113-3 Bluebonnets of the Texas Hill Country.
113-4 You'll find my spirit at the Light House of Palo Duro and in
113-5 the sands of Padre Island;
113-6 I am in the space station at Houston and atop the oil wells
113-7 of West Texas.
113-8 From the expanse of the Big Bend to the Riverwalk of San
113-9 Antone--all of Texas is my home!
113-10 I wave over the cotton and grain fields of the High Plains,
113-11 and I am deep in the rich soil of the Rio Grande Valley.
113-12 I am proudly displayed under the Capitol Dome, and I fly high
113-13 above the concrete canyons of downtown Dallas.
113-14 You'll find my spirit in the East Texas piney woods and along
113-15 the Grandeur of the Rio Grande.
113-16 I represent Texas--every Child, Woman, and Man!
113-17 The blue field in me stands for the valor of our ancestors in
113-18 the battles for our country.
113-19 Let us retire the blue--Salute!
113-20 My white field stands for the purity in all our Texas hearts!
113-21 It represents the honor that each of us should pay to our
113-22 state each day.
113-23 Let us retire the white--Salute!
113-24 The red is for all of the men and women who have died in
113-25 service of our state--whether as members of the armed
113-26 services or as citizen Samaritans.
113-27 Let us retire the red--Salute!
114-1 My lone, independent star is recognized worldwide because it
114-2 represents ALL of Texas and stands for our unity as one for
114-3 God, State, and Country.
114-4 Let us retire the lone star--Salute!
114-5 Join in the pledge to the Texas flag:
114-6 "Honor the Texas flag; I pledge allegiance to thee, Texas,
114-7 one and indivisible."
114-8 CHAPTER 3101. STATE SYMBOLS
114-9 Sec. 3101.001. STATE SEAL. (a) The state seal is as
114-10 provided by Section 19, Article IV, Texas Constitution.
114-11 (b) The reverse side of the state seal contains a shield
114-12 displaying a depiction of:
114-13 (1) the Alamo;
114-14 (2) the cannon of the Battle of Gonzales; and
114-15 (3) Vince's Bridge.
114-16 (c) The shield on the reverse side of the state seal is
114-17 encircled by:
114-18 (1) live oak and olive branches; and
114-19 (2) the unfurled flags of:
114-20 (A) the Kingdom of France;
114-21 (B) the Kingdom of Spain;
114-22 (C) the United Mexican States;
114-23 (D) the Republic of Texas;
114-24 (E) the Confederate States of America; and
114-25 (F) the United States of America.
114-26 (d) Above the shield is emblazoned the motto, "REMEMBER THE
114-27 ALAMO," and beneath the shield are the words, "TEXAS ONE AND
115-1 INDIVISIBLE."
115-2 (e) A white five-pointed star hangs over the shield,
115-3 centered between the flags.
115-4 (f) The secretary of state by rule shall adopt the standard
115-5 design for the state seal, including the reverse side of the seal.
115-6 Sec. 3101.002. STATE ARMS. (a) The state arms are a
115-7 five-pointed white star, on an azure background, encircled by olive
115-8 and live oak branches.
115-9 (b) The secretary of state by rule shall adopt the standard
115-10 design for the state arms.
115-11 Sec. 3101.003. USE OF STATE SEAL. A law that requires the
115-12 use of the state seal does not require the use of the reverse of
115-13 the state seal or the state arms.
115-14 Sec. 3101.004. STATE MOTTO. The state motto is "Friendship."
115-15 Sec. 3101.005. STATE SONG. The state song, "Texas, Our
115-16 Texas" by William J. Marsh and Gladys Yoakum Wright, is as follows:
115-17 Texas, our Texas! All hail the mighty State!
115-18 Texas, our Texas! So wonderful so great!
115-19 Boldest and grandest, Withstanding ev'ry test;
115-20 O Empire wide and glorious, You stand supremely blest.
115-21 Refrain:
115-22 God bless you Texas! And keep you brave and strong,
115-23 That you may grow in power and worth,
115-24 Thro'out the ages long.
115-25 Texas, O Texas! Your freeborn single star,
115-26 Sends out its radiance to nations near and far.
115-27 Emblem of freedom! It sets our hearts aglow,
116-1 With thoughts of San Jacinto and glorious Alamo.
116-2 Refrain
116-3 Texas, dear Texas! From tyrant grip now free,
116-4 Shines forth in splendor your star of destiny!
116-5 Mother of heroes! We come your children true,
116-6 Proclaiming our allegiance, our faith, our love for
116-7 you.
116-8 Refrain
116-9 Sec. 3101.006. PERFORMANCE OF STATE SONG. (a) During the
116-10 performance of the state song:
116-11 (1) when the state flag is displayed:
116-12 (A) each citizen of this state who is present
116-13 and not in uniform should:
116-14 (i) face the flag and stand at attention
116-15 with the person's right hand over the heart; and
116-16 (ii) if wearing a head covering that is
116-17 easy to remove, remove the head covering with the right hand and
116-18 hold it at the person's left shoulder, with the person's right hand
116-19 over the heart;
116-20 (B) each person who is present and in uniform
116-21 should make the military salute at the first note of the state song
116-22 and retain that position until the last note; and
116-23 (C) each person who is present but not a citizen
116-24 of this state should stand at attention; and
116-25 (2) when the state flag is not displayed, each person
116-26 present should face toward the music and act in the same manner as
116-27 the person would if the state flag were displayed there.
117-1 (b) The state song should be performed after the national
117-2 anthem if both are performed.
117-3 Sec. 3101.007. STATE BIRD. The state bird is the
117-4 mockingbird.
117-5 Sec. 3101.008. STATE FLOWER. The state flower is the
117-6 bluebonnet.
117-7 Sec. 3101.009. STATE TREE. The state tree is the pecan tree.
117-8 Sec. 3101.010. THRASHING PECANS; PENALTY. (a) A person
117-9 commits an offense if the person causes pecans to fall from a pecan
117-10 tree by any means, including by thrashing, unless the tree is
117-11 located on:
117-12 (1) land owned by the person causing the pecans to
117-13 fall;
117-14 (2) privately owned land, and the person causing the
117-15 pecans to fall has the written consent of the owner, lessee, or
117-16 authorized agent of the owner or lessee;
117-17 (3) land owned by the state or a political subdivision
117-18 of the state and in the boundaries of a municipality, and the
117-19 person causing the pecans to fall has written consent from an
117-20 officer or agent of the agency or political subdivision controlling
117-21 the land or from the mayor of the municipality; or
117-22 (4) land owned by the state or a political subdivision
117-23 of the state and outside the boundaries of a municipality, and the
117-24 person causing the pecans to fall has written consent from an
117-25 officer or agent of the agency or political subdivision controlling
117-26 the property or from the county judge of the county.
117-27 (b) An offense under this section is a misdemeanor and on
118-1 conviction is punishable by:
118-2 (1) a fine of not less than $5 or more than $300;
118-3 (2) confinement in the county jail for a term not to
118-4 exceed three months; or
118-5 (3) both a fine and confinement.
118-6 Sec. 3101.011. STATE PLAYS. The following plays are official
118-7 state plays of Texas:
118-8 (1) The Lone Star presented in Galveston Island State
118-9 Park;
118-10 (2) Texas presented in the Palo Duro Canyon State
118-11 Park;
118-12 (3) Beyond the Sundown presented at the
118-13 Alabama-Coushatta Indian Reservation; and
118-14 (4) Fandangle presented in Shackelford County.
118-15 CHAPTER 3102. TEXAS DISTINGUISHED SERVICE MEDAL
118-16 Sec. 3102.001. TEXAS DISTINGUISHED SERVICE MEDAL. The Texas
118-17 Distinguished Service Medal may be awarded to recognize persons who
118-18 reside in this state and who have achieved such conspicuous success
118-19 while performing outstanding service to the state and its citizens
118-20 as to reflect great credit on themselves, their professions, and
118-21 the state.
118-22 Sec. 3102.002. TEXAS DISTINGUISHED SERVICE AWARDS
118-23 COMMITTEE: DUTIES. The Texas Distinguished Service Awards
118-24 Committee shall consider and approve or reject, by majority vote,
118-25 recommendations for the award of the medal.
118-26 Sec. 3102.003. AWARDS COMMITTEE: MEMBERSHIP; TERMS;
118-27 PRESIDING OFFICER; REIMBURSEMENT. (a) The committee consists of
119-1 six members appointed by the governor with the advice and consent
119-2 of the senate.
119-3 (b) Committee members serve staggered six-year terms with
119-4 the terms of two members expiring each odd-numbered year.
119-5 (c) The committee shall select one of its members to act as
119-6 presiding officer of the committee for a term of one year, or until
119-7 a successor is selected and has qualified.
119-8 (d) Members of the committee serve without pay but are
119-9 entitled to reimbursement for actual and necessary expenses
119-10 incurred in the performance of their duties.
119-11 Sec. 3102.004. RECOMMENDATIONS FOR AWARDS. Any person who
119-12 has personal knowledge of an achievement or service believed to
119-13 merit the award of the medal may submit a letter of recommendation
119-14 to the committee. The letter must give an account of that
119-15 achievement or service and be accompanied by statements,
119-16 affidavits, records, photographs, or other material as may be
119-17 required to support and amplify the facts stated.
119-18 Sec. 3102.005. LIMITATION ON AWARDS. (a) Not more than five
119-19 persons may receive the medal in a calendar year, except that, in
119-20 exceptional circumstances, the governor may award one or more
119-21 additional medals if authorized by concurrent resolution of the
119-22 legislature.
119-23 (b) Not more than 10 awards of the medal may be made for
119-24 achievement attained or service provided before May 1, 1969.
119-25 Sec. 3102.006. PRESENTATION. The governor shall present the
119-26 medal to each recipient in an appropriate ceremony.
119-27 Sec. 3102.007. DESIGN AND MANUFACTURE. (a) The medal shall:
120-1 (1) display the state seal with the words
120-2 "Distinguished Service Medal" engraved in a circle; and
120-3 (2) be suspended from a bar of red, white, and blue.
120-4 (b) The governor shall approve the design and authorize the
120-5 casting of the medal in any manner the governor considers proper.
120-6 (c) The cost of acquiring the medal shall be paid from funds
120-7 appropriated by the legislature to the governor's office.
120-8 (Chapters 3103-3150 reserved for expansion
120-9 SUBTITLE B. PRESERVATION
120-10 CHAPTER 3151. PRESERVATION OF VIEW OF STATE CAPITOL
120-11 SUBCHAPTER A. GENERAL PROVISIONS
120-12 Sec. 3151.001. DEFINITIONS. In this chapter:
120-13 (1) "Center of the Capitol dome" means the point at
120-14 653 feet above sea level at Texas Plane Coordinate X-2818555.07,
120-15 Y-230595.65.
120-16 (2) "Texas Plane Coordinate" means the central zone of
120-17 the Texas State Coordinate Systems as defined by the U.S. Coast and
120-18 Geodetic Survey, dated 1945 and revised in March 1978.
120-19 Sec. 3151.002. DEFINITION OF CAPITOL VIEW CORRIDOR. In this
120-20 chapter, "Capitol view corridor" means:
120-21 (1) the South Mall of The University of Texas
120-22 Corridor, which encompasses all of the area between two lines:
120-23 (A) one of which begins at an elevation of 594
120-24 feet above sea level at Texas Plane Coordinate X-2818794.86,
120-25 Y-234376.98, and extends along a bearing of S 2 7 0.0 W for a
120-26 distance of 3790.248 feet to a point 100 feet from the center of
120-27 the Capitol dome, this point being located at Texas Plane
121-1 Coordinate X-2818654.87, Y-230589.32; and
121-2 (B) the second of which begins at an elevation
121-3 of 594 feet above sea level at Texas Plane Coordinate X-2818628.71,
121-4 Y-234341.64, and extends along a bearing of S 2 39 17.7 W for a
121-5 distance of 3748.053 feet to a point 100 feet from the center of
121-6 the Capitol dome, this point being located at Texas Plane
121-7 Coordinate X-2818455.09, Y-230597.61.
121-8 (2) the Waterloo Park Corridor, which encompasses all
121-9 of the area between two lines:
121-10 (A) one of which begins at an elevation of 496
121-11 feet above sea level at Texas Plane Coordinate X-2820189.70,
121-12 Y-230799.91, and extends along a bearing of S 86 21 3.1 W for a
121-13 distance of 1650.373 feet to a point 100 feet from the center of
121-14 the Capitol dome, this point being located at Texas Plane
121-15 Coordinate X-2818542.67, Y-230694.87; and
121-16 (B) the second of which begins at an elevation
121-17 of 480 feet above sea level at Texas Plane Coordinate X-2820300.13,
121-18 Y-229756.25, and extends along a bearing of N 67 16 4.1 W for a
121-19 distance of 1939.019 feet to a point 100 feet from the center of
121-20 the Capitol dome, this point being located at Texas Plane
121-21 Coordinate X-2818511.73, Y-230505.53.
121-22 (3) the Wooldridge Park Corridor, which encompasses
121-23 all of the area between two lines:
121-24 (A) one of which begins at an elevation of 515
121-25 feet above sea level at Texas Plane Coordinate X-2816727.54,
121-26 Y-229659.96, and extends along a bearing of N 60 5 58.0 E for a
121-27 distance of 2055.569 feet to a point 100 feet from the center of
122-1 the Capitol dome, this point being located at Texas Plane
122-2 Coordinate X-2818509.50, Y-230684.66; and
122-3 (B) the second of which begins at an elevation
122-4 of 536 feet above sea level at Texas Plane Coordinate X-2816925.57,
122-5 Y-229291.91, and extends along a bearing of N 54 4 50.4 E for a
122-6 distance of 2089.263 feet to a point 100 feet from the center of
122-7 the Capitol dome, this point being located at Texas Plane
122-8 Coordinate X-2818617.55, Y-230517.56.
122-9 (4) the French Legation Corridor, which encompasses
122-10 all of the area between two lines:
122-11 (A) one of which begins at an elevation of 539
122-12 feet above sea level at Texas Plane Coordinate X-2821177.01,
122-13 Y-227894.81, and extends along a bearing of N 42 37 44.3 W for a
122-14 distance of 3765.605 feet to a point 100 feet from the center of
122-15 the Capitol dome, this point being located at Texas Plane
122-16 Coordinate X-2818626.83, Y-230665.30; and
122-17 (B) the second of which begins at an elevation
122-18 of 539 feet above sea level at Texas Plane Coordinate X-2821144.99,
122-19 Y-227833.18, and extends along a bearing of N 44 39 68.5 W for a
122-20 distance of 3787.992 feet to a point 100 feet from the center of
122-21 the Capitol dome, this point being located at Texas Plane
122-22 Coordinate X-2818482.12, Y-230527.25.
122-23 (5) the Lamar Bridge Corridor, which encompasses all
122-24 of the area between two lines:
122-25 (A) one of which begins at an elevation of 460
122-26 feet above sea level at Texas Plane Coordinate X-2813589.52,
122-27 Y-227457.92, and extends along a bearing of N 56 44 9.5 E for a
123-1 distance of 5874.699 feet to a point 100 feet from the center of
123-2 the Capitol dome, this point being located at Texas Plane
123-3 Coordinate X-2818596.90, Y-230686.48; and
123-4 (B) the second of which begins at an elevation
123-5 of 460 feet above sea level at Texas Plane Coordinate X-2813419.55,
123-6 Y-226934.03, and extends along a bearing of N 55 25 10.4 E for a
123-7 distance of 6308.017 feet to a point 100 feet from the center of
123-8 the Capitol dome, this point being located at Texas Plane
123-9 Coordinate X-2818613.13, Y-230514.22.
123-10 (6) the South Congress at East Live Oak Corridor,
123-11 which encompasses all of the area between two lines:
123-12 (A) one of which begins at an elevation of 574
123-13 feet above sea level at Texas Plane Coordinate X-2814945.42,
123-14 Y-218622.48, and extends along a bearing of N 16 19 7.6 E for a
123-15 distance of 12505.861 feet to a point 100 feet from the center of
123-16 the Capitol dome, this point being located at Texas Plane
123-17 Coordinate X-2818459.33, Y-230624.51; and
123-18 (B) the second of which begins at an elevation
123-19 of 574 feet above sea level at Texas Plane Coordinate X-2815051.19,
123-20 Y-218649.13, and extends along a bearing of N 16 48 23.4 E for a
123-21 distance of 12450.162 feet to a point 100 feet from the center of
123-22 the Capitol dome, this point being located at Texas Plane
123-23 Coordinate X-2818651.03, Y-230567.50.
123-24 (7) the Mopac Bridge Corridor, which encompasses all
123-25 of the area between two lines:
123-26 (A) one of which begins at an elevation of 498
123-27 feet above sea level at Texas Plane Coordinate X-2808292.26,
124-1 Y-229412.05, and extends along a bearing of N 83 58 33.0 E for a
124-2 distance of 10331.327 feet to a point 100 feet from the center of
124-3 the Capitol dome, this point being located at Texas Plane
124-4 Coordinate X-2818566.53, Y-230496.30; and
124-5 (B) the second of which begins at an elevation
124-6 of 485 feet above sea level at Texas Plane Coordinate X-2808930.31,
124-7 Y-230333.64, and extends along a bearing of N 87 50 44.3 E for a
124-8 distance of 9628.852 feet to a point 100 feet from the center of
124-9 the Capitol dome, this point being located at Texas Plane
124-10 Coordinate X-2818552.35, Y-230695.61.
124-11 (8) the South Lamar at La Casa Drive Corridor, which
124-12 encompasses all of the area between two lines:
124-13 (A) one of which begins at an elevation of 656
124-14 feet above sea level at Texas Plane Coordinate X-2806422.18,
124-15 Y-219725.23, and extends along a bearing of N 47 47 22.8 E for a
124-16 distance of 16290.678 feet to a point 100 feet from the center of
124-17 the Capitol dome, this point being located at Texas Plane
124-18 Coordinate X-2818488.35, Y-230670.13; and
124-19 (B) the second of which begins at an elevation
124-20 of 656 feet above sea level at Texas Plane Coordinate X-2806443.28,
124-21 Y-219708.55, and extends along a bearing of N 48 24 0.0 E for a
124-22 distance of 16286.017 feet to a point 100 feet from the center of
124-23 the Capitol dome, this point being located at Texas Plane
124-24 Coordinate X-2818621.93, Y-230521.28.
124-25 (9) the Barton Creek Pedestrian Bridge Corridor, which
124-26 encompasses all of the area between two lines:
124-27 (A) one of which begins at an elevation of 445
125-1 feet above sea level at Texas Plane Coordinate X-2811033.87,
125-2 Y-227139.69, and extends along a bearing of N 64 37 45.5 E for a
125-3 distance of 8277.813 feet to a point 100 feet from the center of
125-4 the Capitol dome, this point being located at Texas Plane
125-5 Coordinate X-2818513.32, Y-230686.51; and
125-6 (B) the second of which begins at an elevation
125-7 of 460 feet above sea level at Texas Plane Coordinate X-2812177.38,
125-8 Y-227545.58, and extends along a bearing of N 65 15 5.2 E for a
125-9 distance of 7070.209 feet to a point 100 feet from the center of
125-10 the Capitol dome, this point being located at Texas Plane
125-11 Coordinate X-2818598.22, Y-230505.43.
125-12 (10) the Pleasant Valley Road at Lakeshore Drive
125-13 Corridor, which encompasses all of the area between two lines:
125-14 (A) one of which begins at an elevation of 450
125-15 feet above sea level at Texas Plane Coordinate X-2826332.31,
125-16 Y-219396.73, and extends along a bearing of N 34 21 30.0 W for a
125-17 distance of 13634.929 feet to a point 100 feet from the center of
125-18 the Capitol dome, this point being located at Texas Plane
125-19 Coordinate X-2818637.21, Y-230652.69; and
125-20 (B) the second of which begins at an elevation
125-21 of 450 feet above sea level at Texas Plane Coordinate X-2826129.04,
125-22 Y-218986.86, and extends along a bearing of N 33 32 6.6 W for a
125-23 distance of 13861.422 feet to a point 100 feet from the center of
125-24 the Capitol dome, this point being located at Texas Plane
125-25 Coordinate X-2818471.32, Y-230541.00.
125-26 (11) the East Eleventh Street Threshold Corridor,
125-27 which encompasses all of the area between two lines:
126-1 (A) one of which begins at an elevation of 517
126-2 feet above sea level at Texas Plane Coordinate X-2821382.21,
126-3 Y-228956.12, and extends along a bearing of N 61 38 31.4 W for a
126-4 distance of 3269.672 feet to a point 100 feet from the center of
126-5 the Capitol dome, this point being located at Texas Plane
126-6 Coordinate X-2818504.91, Y-230509.14; and
126-7 (B) the second of which begins at an elevation
126-8 of 517 feet above sea level at Texas Plane Coordinate X-2821418.78,
126-9 Y-228980.65, and extends along a bearing of N 58 60 12.7 W for a
126-10 distance of 3289.227 feet to a point 100 feet from the center of
126-11 the Capitol dome, this point being located at Texas Plane
126-12 Coordinate X-2818604.20, Y-230682.75.
126-13 (12) the North-Bound Lanes of Interstate Highway 35
126-14 Between the Municipal Police and Courts Building and West Tenth
126-15 Street Corridor, which encompasses all of the area between two
126-16 lines:
126-17 (A) one of which begins at an elevation of 501
126-18 feet above sea level at Texas Plane Coordinate X-2820624.99,
126-19 Y-227858.68, and extends along a bearing of N 38 46 6.5 W for a
126-20 distance of 3433.34 feet to a point 100 feet from the center of the
126-21 Capitol dome, this point being located at Texas Plane Coordinate
126-22 X-2818475.11, Y-230535.59; and
126-23 (B) the second of which begins at an elevation
126-24 of 491 feet above sea level at Texas Plane Coordinate X-2820883.74,
126-25 Y-228742.33, and extends along a bearing of N 49 33 37.2 W for a
126-26 distance of 2977.840 feet to a point 100 feet from the center of
126-27 the Capitol dome, this point begin located at Texas Plane
127-1 Coordinate X-2818617.34, Y-230673.89.
127-2 (13) the South-Bound Lanes of the Upper Deck of
127-3 Interstate Highway 35 Between Concordia College and the Martin
127-4 Luther King Boulevard Overpass Corridor, which encompasses all of
127-5 the area between two lines:
127-6 (A) one of which begins at an elevation of 648
127-7 feet above sea level at Texas Plane Coordinate X-2822432.77,
127-8 Y-233117.96, and extends along a bearing of S 55 43 8.2 W for a
127-9 distance of 4627.079 feet to a point 100 feet from the center of
127-10 the Capitol dome, this point being located at Texas Plane
127-11 Coordinate X-2818609.48, Y-230511.74; and
127-12 (B) the second of which begins at an elevation
127-13 of 618 feet above sea level at Texas Plane Coordinate X-2823639.09,
127-14 Y-235471.26, and extends along a bearing of S 47 0 43.0 W for a
127-15 distance of 7045.415 feet to a point 100 feet from the center of
127-16 the Capitol dome, this point being located at Texas Plane
127-17 Coordinate X-2818485.40, Y-230667.38.
127-18 (14) the North-Bound Lanes of Interstate Highway 35
127-19 Between Waller Creek Plaza and the Municipal Police and Court
127-20 Building Corridor, which encompasses all of the area between two
127-21 lines:
127-22 (A) one of which begins at an elevation of 498
127-23 feet above sea level at Texas Plane Coordinate X-2820389.72,
127-24 Y-226977.21, and extends along a bearing of N 28 17 53.1 W for a
127-25 distance of 4058.419 feet to a point 100 feet from the center of
127-26 the Capitol dome, this point being located at Texas Plane
127-27 Coordinate X-2818465.79, Y-230550.62; and
128-1 (B) the second of which begins at an elevation
128-2 of 498 feet above sea level at Texas Plane Coordinate X-2820450.80,
128-3 Y-227277.98, and extends along a bearing of N 28 14 42.1 W for a
128-4 distance of 3823.132 feet to a point 100 feet from the center of
128-5 the Capitol dome, this point being located at Texas Plane
128-6 Coordinate X-2818641.53, Y-230645.90.
128-7 (15) the North-Bound Lanes of Interstate Highway 35
128-8 Between Third Street and the Waller Creek Plaza Corridor, which
128-9 encompasses all of the area between two lines:
128-10 (A) one of which begins at an elevation of 482
128-11 feet above sea level at Texas Plane Coordinate X-2820010.77,
128-12 Y-225710.94, and extends along a bearing of N 17 43 6.5 W for a
128-13 distance of 5098.378 feet to a point 100 feet from the center of
128-14 the Capitol dome, this point being located at Texas Plane
128-15 Coordinate X-2818459.13, Y-230567.46; and
128-16 (B) the second of which begins at an elevation
128-17 of 495 feet above sea level at Texas Plane Coordinate X-2820205.46,
128-18 Y-226432.65, and extends along a bearing of N 20 20 46.9 W for a
128-19 distance of 4479.853 feet to a point 100 feet from the center of
128-20 the Capitol dome, this point being located at Texas Plane
128-21 Coordinate X-2818647.84, Y-230632.99.
128-22 (16) the East Seventh Street Bridge Over the Texas-New
128-23 Orleans Railroad Corridor, which encompasses all of the area
128-24 between two lines:
128-25 (A) one of which begins at an elevation of 476
128-26 feet above sea level at Texas Plane Coordinate X-2829646.58,
128-27 Y-224957.77, and extends along a bearing of N 62 35 42.1 W for a
129-1 distance of 12442.553 feet to a point 100 feet from the center of
129-2 the Capitol dome, this point being located at Texas Plane
129-3 Coordinate X-2818600.39, Y-230684.79; and
129-4 (B) the second of which begins at an elevation
129-5 of 476 feet above sea level at Texas Plane Coordinate X-2829633.60,
129-6 Y-224932.05, and extends along a bearing of N 63 23 0.0 W for a
129-7 distance of 12442.674 feet to a point 100 feet from the center of
129-8 the Capitol dome, this point being located at Texas Plane
129-9 Coordinate X-2818509.56, Y-230506.61.
129-10 (17) the Longhorn Shores Corridor, which encompasses
129-11 all of the area between two lines:
129-12 (A) one of which begins at an elevation of 435
129-13 feet above sea level at Texas Plane Coordinate X-2823252.67,
129-14 Y-220131.43, and extends along a bearing of N 23 40 36.4 W for a
129-15 distance of 11470.713 feet to a point 100 feet from the center of
129-16 the Capitol dome, this point being located at Texas Plane
129-17 Coordinate X-2818646.30, Y-230636.60; and
129-18 (B) the second of which begins at an elevation
129-19 of 435 feet above sea level at Texas Plane Coordinate X-2822788.44,
129-20 Y-220147.97, and extends along a bearing of N 22 33 57.2 W for a
129-21 distance of 11273.211 feet to a point 100 feet from the center of
129-22 the Capitol dome, this point being located at Texas Plane
129-23 Coordinate X-2818462.39, Y-230558.09.
129-24 (18) the Zilker Clubhouse Corridor, which encompasses
129-25 all of the area between two lines:
129-26 (A) one of which begins at an elevation of 561
129-27 feet above sea level at Texas Plane Coordinate X-2807259.05,
130-1 Y-230056.68, and extends along a bearing of N 86 45 42.0 E for a
130-2 distance of 11309.321 feet to a point 100 feet from the center of
130-3 the Capitol dome, this point being located at Texas Plane
130-4 Coordinate X-2818550.31, Y-230695.53; and
130-5 (B) the second of which begins at an elevation
130-6 of 561 feet above sea level at Texas Plane Coordinate X-2807248.18,
130-7 Y-229969.74, and extends along a bearing of N 87 20 15.0 E for a
130-8 distance of 11324.650 feet to a point 100 feet from the center of
130-9 the Capitol dome, this point being located at Texas Plane
130-10 Coordinate X-2818560.60, Y-230495.80.
130-11 (19) the Red Bud Trail Corridor, which encompasses all
130-12 of the area between two lines:
130-13 (A) one of which begins at an elevation of 684
130-14 feet above sea level at Texas Plane Coordinate X-2801662.96,
130-15 Y-236155.75, and extends along a bearing of S 72 6 10.9 E for a
130-16 distance of 17783.936 feet to a point 100 feet from the center of
130-17 the Capitol dome, this point being located at Texas Plane
130-18 Coordinate X-2818586.34, Y-230690.63; and
130-19 (B) the second of which begins at an elevation
130-20 of 684 feet above sea level at Texas Plane Coordinate X-2801887.25,
130-21 Y-236038.78, and extends along a bearing of S 71 35 16.8 E for a
130-22 distance of 17534.371 feet to a point 100 feet from the center of
130-23 the Capitol dome, this point being located at Texas Plane
130-24 Coordinate X-2818524.03, Y-230500.59.
130-25 (20) the Enfield Road Corridor, which encompasses all
130-26 of the area between two lines:
130-27 (A) one of which begins at an elevation of 534
131-1 feet above sea level at Texas Plane Coordinate X-2814317.00,
131-2 Y-232540.28, and extends along a bearing of S 64 7 24.8 E for a
131-3 distance of 4664.000 feet to a point 100 feet from the center of
131-4 the Capitol dome, this point being located at Texas Plane
131-5 Coordinate X-2818513.37, Y-230504.76; and
131-6 (B) the second of which begins at an elevation
131-7 of 534 feet above sea level at Texas Plane Coordinate X-2814166.24,
131-8 Y-232616.36, and extends along a bearing of S 66 27 47.8 E for a
131-9 distance of 4832.718 feet to a point 100 feet from the center of
131-10 the Capitol dome, this point being located at Texas Plane
131-11 Coordinate X-2818596.90, Y-230686.48.
131-12 (21) the Capital of Texas Highway Corridor, which
131-13 encompasses all of the area between two lines:
131-14 (A) one of which begins at an elevation of 850
131-15 feet above sea level at Texas Plane Coordinate X-2793153.22,
131-16 Y-246055.75, and extends along a bearing of S 58 62 1.6 E for a
131-17 distance of 29736.832 feet to a point 100 feet from the center of
131-18 the Capitol dome, this point being located at Texas Plane
131-19 Coordinate X-2818607.06, Y-230681.07; and
131-20 (B) the second of which begins at an elevation
131-21 of 850 feet above sea level at Texas Plane Coordinate X-2792663.44,
131-22 Y-245928.13, and extends along a bearing of S 59 10 35.3 E for a
131-23 distance of 30091.057 feet to a point 100 feet from the center of
131-24 the Capitol dome, this point being located at Texas Plane
131-25 Coordinate X-2818504.12, Y-230509.60.
131-26 (22) the 38th Street at Red River Corridor, which
131-27 encompasses all of the area between two lines:
132-1 (A) one of which begins at an elevation of 609
132-2 feet above sea level at Texas Plane Coordinate X-2823695.84,
132-3 Y-238333.37, and extends along a bearing of S 34 12 57.2 W for a
132-4 distance of 9290.302 feet to a point 100 feet from the center of
132-5 the Capitol dome, this point being located at Texas Plane
132-6 Coordinate X-2818471.78, Y-230650.98; and
132-7 (B) the second of which begins at an elevation
132-8 of 609 feet above sea level at Texas Plane Coordinate X-2823785.05,
132-9 Y-238418.94, and extends along a bearing of S 33 9 15.9 W for a
132-10 distance of 9410.983 feet to a point 100 feet from the center of
132-11 the Capitol dome, this point being located at Texas Plane
132-12 Coordinate X-2818638.21, Y-230540.07.
132-13 (23) the Robert Mueller Airport Corridor, which
132-14 encompasses all of the area between two lines:
132-15 (A) one of which begins at an elevation of 603
132-16 feet above sea level at Texas Plane Coordinate X-2831475.74,
132-17 Y-237087.29, and extends along a bearing of S 62 55 39.9 W for a
132-18 distance of 14460.117 feet to a point 100 feet from the center of
132-19 the Capitol dome, this point being located at Texas Plane
132-20 Coordinate X-2818599.97, Y-230506.29; and
132-21 (B) the second of which begins at an elevation
132-22 of 603 feet above sea level at Texas Plane Coordinate X-2831203.80,
132-23 Y-237067.65, and extends along a bearing of S 63 18 20.5 W for a
132-24 distance of 14208.702 feet to a point 100 feet from the center of
132-25 the Capitol dome, this point being located at Texas Plane
132-26 Coordinate X-2818509.52, Y-230684.67.
132-27 (24) the Martin Luther King Boulevard at IH-35
133-1 Corridor, which encompasses all of the area between two lines:
133-2 (A) one of which begins at an elevation of 570
133-3 feet above sea level at Texas Plane Coordinate X-2821823.12,
133-4 Y-232059.98, and extends along a bearing of S 64 15 51.7 W for a
133-5 distance of 3582.510 feet to a point 100 feet from the center of
133-6 the Capitol dome, this point being located at Texas Plane
133-7 Coordinate X-2818595.97, Y-230504.39; and
133-8 (B) the second of which begins at an elevation
133-9 of 570 feet above sea level at Texas Plane Coordinate X-2821665.89,
133-10 Y-232039.68, and extends along a bearing of S 66 46 10.3 W for a
133-11 distance of 3431.091 feet to a point 100 feet from the center of
133-12 the Capitol dome, this point being located at Texas Plane
133-13 Coordinate X-2818512.97, Y-230686.35.
133-14 (25) the Oakwood Cemetery Corridor, which encompasses
133-15 all of the area between two lines:
133-16 (A) one of which begins at an elevation of 662
133-17 feet above sea level at Texas Plane Coordinate X-2823518.05,
133-18 Y-231483.66, and extends along a bearing of S 78 43 9.6 W for a
133-19 distance of 5042.788 feet to a point 100 feet from the center of
133-20 the Capitol dome, this point being located at Texas Plane
133-21 Coordinate X-2818572.69, Y-230497.21; and
133-22 (B) the second of which begins at an elevation
133-23 of 662 feet above sea level at Texas Plane Coordinate X-2823496.42,
133-24 Y-231576.82, and extends along a bearing of S 79 54 22.8 W for a
133-25 distance of 5038.813 feet to a point 100 feet from the center of
133-26 the Capitol dome, this point being located at Texas Plane
133-27 Coordinate X-2818535.60, Y-230693.73.
134-1 (26) the East 12th Street at IH-35 Corridor, which
134-2 encompasses all of the area between two lines:
134-3 (A) one of which begins at an elevation of 525
134-4 feet above sea level at Texas Plane Coordinate X-2821503.64,
134-5 Y-229689.85, and extends along a bearing of N 74 46 47.6 W for a
134-6 distance of 3086.184 feet to a point 100 feet from the center of
134-7 the Capitol dome, this point being located at Texas Plane
134-8 Coordinate X-2818525.71, Y-230500.05; and
134-9 (B) the second of which begins at an elevation
134-10 of 523 feet above sea level at Texas Plane Coordinate X-2821304.47,
134-11 Y-229769.21, and extends along a bearing of N 71 16 29.8 W for a
134-12 distance of 2872.654 feet to a point 100 feet from the center of
134-13 the Capitol dome, this point being located at Texas Plane
134-14 Coordinate X-2818583.86, Y-230691.41.
134-15 (27) the Lyndon Baines Johnson Library Corridor, which
134-16 encompasses all of the area between two lines:
134-17 (A) one of which begins at an elevation of 596
134-18 feet above sea level at Texas Plane Coordinate X-2821830.47,
134-19 Y-234589.86, and extends along a bearing of S 40 20 57.3 W for a
134-20 distance of 5162.945 feet to a point 100 feet from the center of
134-21 the Capitol dome, this point being located at Texas Plane
134-22 Coordinate X-2818477.75, Y-230659.06; and
134-23 (B) the second of which begins at an elevation
134-24 of 596 feet above sea level at Texas Plane Coordinate X-2821938.69,
134-25 Y-233990.42, and extends along a bearing of S 43 38 37.1 W for a
134-26 distance of 4790.234 feet to a point 100 feet from the center of
134-27 the Capitol dome, this point being located at Texas Plane
135-1 Coordinate X-2818625.90, Y-230525.05.
135-2 (28) the North Congress Avenue at Martin Luther King
135-3 Boulevard Corridor, which encompasses all of the area between two
135-4 lines:
135-5 (A) one of which begins at an elevation of 531
135-6 feet above sea level at Texas Plane Coordinate X-2819238.03,
135-7 Y-232793.53, and extends along a bearing of N 14 46 25.5 E for a
135-8 distance of 2303.720 feet to a point 100 feet from the center of
135-9 the Capitol dome, this point being located at Texas Plane
135-10 Coordinate X-2818650.57, Y-230565.97; and
135-11 (B) the second of which begins at an elevation
135-12 of 531 feet above sea level at Texas Plane Coordinate X-2819171.57,
135-13 Y-232814.96, and extends along a bearing of N 16 0 38.0 E for a
135-14 distance of 2305.521 feet to a point 100 feet from the center of
135-15 the Capitol dome, this point being located at Texas Plane
135-16 Coordinate X-2818458.72, Y-230622.41.
135-17 (29) the field level of the Memorial Stadium Practice
135-18 Center Corridor, which encompasses all of the area between two
135-19 lines:
135-20 (A) one of which begins at an elevation of 550
135-21 feet above sea level at Texas Plane Coordinate X-2820995.40,
135-22 Y-233291.51, and extends along a bearing of N 40 34 35.4 E for a
135-23 distance of 3637.696 feet to a point 100 feet from the center of
135-24 the Capitol dome, this point being located at Texas Plane
135-25 Coordinate X-2818629.21, Y-230528.54; and
135-26 (B) the second of which begins at an elevation
135-27 of 550 feet above sea level at Texas Plane Coordinate X-2820805.43,
136-1 Y-233307.74, and extends along a bearing of N 41 18 34.5 E for a
136-2 distance of 3525.556 feet to a point 100 feet from the center of
136-3 the Capitol dome, this point being located at Texas Plane
136-4 Coordinate X-2818478.12, Y-230659.50.
136-5 (30) the entrance terrace to the University of Texas
136-6 Swim Center Corridor, which encompasses all of the area between two
136-7 lines:
136-8 (A) one of which begins at an elevation of 540
136-9 feet above sea level at Texas Plane Coordinate X-2821029.40,
136-10 Y-232523.71, and extends along a bearing of N 50 14 50.5 E for a
136-11 distance of 3138.424 feet to a point 100 feet from the center of
136-12 the Capitol dome, this point being located at Texas Plane
136-13 Coordinate X-2818616.54, Y-230516.77; and
136-14 (B) the second of which begins at an elevation
136-15 of 540 feet above sea level at Texas Plane Coordinate X-2820873.01,
136-16 Y-232433.33, and extends along a bearing of N 53 31 42.3 E for a
136-17 distance of 2959.714 feet to a point 100 feet from the center of
136-18 the Capitol dome, this point being located at Texas Plane
136-19 Coordinate X-2818492.95, Y-230674.01.
136-20 Sec. 3151.003. APPLICABILITY. This chapter does not apply
136-21 to:
136-22 (1) the construction, renovation, or equipment of the
136-23 Darrell K Royal-Texas Memorial Stadium or to improvements related
136-24 to the stadium, except that the height of the stadium or a related
136-25 improvement may not exceed 666 feet above sea level; or
136-26 (2) the construction, redevelopment, or improvement of
136-27 11th Street pursuant to the East 11th and 12th Streets
137-1 Redevelopment Program, except that the height of an improvement may
137-2 not exceed 600 feet above sea level.
137-3 (Sections 3151.004-3151.050 reserved for expansion
137-4 SUBCHAPTER B. PROHIBITED ACTIVITIES; CONFLICTING REQUIREMENTS
137-5 Sec. 3151.051. PROHIBITED CONSTRUCTION. A person may not
137-6 begin, in a Capitol view corridor, construction of a structure that
137-7 would exceed the maximum permissible height computed in accordance
137-8 with the following formula:
137-9 h = (((653' - eVP) x (b'))/b) - (eS - eVP)
137-10 where:
137-11 h is the maximum permissible height of the structure;
137-12 b is the distance between the selected view point and the
137-13 center of the Capitol dome;
137-14 b' is the distance between the view point and the structure;
137-15 eS is the elevation of the structure; and
137-16 eVP is the elevation of the view point.
137-17 Sec. 3151.052. TRANSFERABLE CONSTRUCTION RIGHTS PROHIBITED.
137-18 The governing body of a municipality affected by this chapter may
137-19 not grant transferable construction rights to mitigate the impact
137-20 of this chapter in a Capitol view corridor.
137-21 Sec. 3151.053. CONFLICT WITH LOCAL REQUIREMENTS. If a
137-22 requirement of this chapter conflicts with a requirement enacted by
137-23 a municipality, the stricter requirement prevails.
137-24 (Sections 3151.054-3151.100 reserved for expansion
137-25 SUBCHAPTER C. ENFORCEMENT
137-26 Sec. 3151.101. INJUNCTION. (a) A person may file an action
137-27 to enjoin a violation or threatened violation of Section 3151.051.
138-1 (b) The court may grant appropriate relief.
138-2 PART 2. CONFORMING AMENDMENTS
138-3 SECTION 7.101. Subchapter C, Chapter 401, Government Code, as
138-4 added by Chapter 952, Acts of the 73rd Legislature, Regular
138-5 Session, 1993, and redesignated by this Act as Subchapter F,
138-6 Chapter 401, Government Code, is amended by adding Section 401.104
138-7 to read as follows:
138-8 Sec. 401.104. GOVERNOR'S FLAG. (a) The governor may adopt a
138-9 flag for the governor's official use.
138-10 (b) By executive order published in the Texas Register, the
138-11 governor shall provide a description of a flag adopted under this
138-12 section.
138-13 SECTION 7.102. Chapter 442, Government Code, is amended by
138-14 adding Section 442.0072 to read as follows:
138-15 Sec. 442.0072. PRESERVATION AND MAINTENANCE OF GETHSEMANE
138-16 CHURCH AND CARRINGTON-COVERT HOUSE. (a) In this section:
138-17 (1) The Gethsemane Church includes the adjoining
138-18 grounds of the church.
138-19 (2) The Carrington-Covert House includes the adjoining
138-20 grounds of the house.
138-21 (b) The State of Texas owns the Gethsemane Church and the
138-22 Carrington-Covert House.
138-23 (c) The church and the house are located at Congress Avenue
138-24 and 16th Street on Lots 5, 6, 7, and 8, Outlot 46, Division "E" of
138-25 the original City of Austin, Travis County, Texas.
138-26 (d) The commission shall preserve, maintain in a state of
138-27 suitable repair, and develop the church and the house, in the
139-1 manner determined by the commission, for the beautification and
139-2 cultural enhancement of the properties as a significant Texas
139-3 historical site and in a manner consistent with development of the
139-4 Capitol Complex.
139-5 (e) The commission shall spend the money the legislature
139-6 appropriates for purposes of this section to accomplish those
139-7 purposes.
139-8 (f) The commission may:
139-9 (1) accept gifts and donations for the church and the
139-10 house; and
139-11 (2) use the gifts and donations in accordance with the
139-12 donor's conditions and instructions that are consistent with this
139-13 section.
139-14 SECTION 7.103. Subchapter C, Chapter 662, Government Code, is
139-15 amended by adding Section 662.048 to read as follows:
139-16 Sec. 662.048. TEXAS FLAG DAY. Texas Flag Day shall be
139-17 celebrated each March 2, Texas Independence Day.
139-18 PART 3. REPEALER
139-19 SECTION 7.201. The following articles as compiled in Vernon's
139-20 Texas Civil Statutes are repealed: 6139a, 6139b, 6139c, 6139d,
139-21 6139e, 6139f, 6139g, 6139h, 6139i, 6139j, 6143.1, 6143a, 6143b,
139-22 6143c, 6143d, 6144h, 6145-5, and 6145-13.
139-23 ARTICLE 8. CHANGES RELATING TO TITLE 9, GOVERNMENT CODE
139-24 PART 1. GENERAL CHANGES TO TITLE 9, GOVERNMENT CODE
139-25 SECTION 8.001. Section 1201.025(a), Government Code, is
139-26 amended to more accurately reflect the law from which it was
139-27 derived to read as follows:
140-1 (a) An interest rate on a public security that bears
140-2 [accrues] interest may be fixed, variable, floating, adjustable, or
140-3 computed by another method.
140-4 SECTION 8.002. Section 1202.007, Government Code, is
140-5 amended to conform to the repeal of the law from which Subsection
140-6 (b) of that section was derived by Section 1, Chapter 350, Acts of
140-7 the 76th Legislature, Regular Session, 1999, to read as follows:
140-8 Sec. 1202.007. EXEMPTIONS; CONSTRUCTION OF EXEMPTIONS. (a)
140-9 The following are exempt from the approval and registration
140-10 requirements of this chapter:
140-11 (1) a public security that is:
140-12 (A) not subject to mandatory renewal or renewal
140-13 at the option of any person, including the issuer, a holder, or a
140-14 bearer; and
140-15 (B) payable only out of:
140-16 (i) current revenues or taxes collected in
140-17 the year the public security is issued; or
140-18 (ii) the proceeds of other public
140-19 securities;
140-20 (2) a certificate in evidence of benefit assessments;
140-21 (3) a certificate of obligation, including a claim or
140-22 account that represents an undivided interest in a certificate of
140-23 obligation, that under Subchapter C, Chapter 271, Local Government
140-24 Code, an issuer is authorized to deliver to a contractor;
140-25 (4) a time warrant issued under Chapter 252 or 262,
140-26 Local Government Code;
140-27 (5) a public security authorized by Chapter 1371;
141-1 (6) a lease, lease-purchase, or installment sale
141-2 obligation, except as provided [by Subsection (b) or] by other law;
141-3 and
141-4 (7) a public security that by rule the attorney
141-5 general exempts because it is not practical to require approval
141-6 before the public security's issuance.
141-7 (b) [A municipality with a population of less than 50,000
141-8 may not for any purpose issue or have issued on its behalf an
141-9 installment sale obligation or lease-purchase obligation with a
141-10 principal amount of $1 million or more without complying with this
141-11 chapter, regardless of whether the obligation:]
141-12 [(1) is issued individually or in a series of related
141-13 transactions; or]
141-14 [(2) is issued without recourse to the municipality.]
141-15 [(c)] The exemptions provided by Subsection (a) shall be
141-16 narrowly construed.
141-17 (c) [(d)] An issuer that issues a public security that is
141-18 exempt under Subsection (a) may submit the public security to the
141-19 attorney general as provided by this chapter.
141-20 SECTION 8.003. Chapter 1207, Government Code, is amended to
141-21 more accurately reflect the law from which it was derived by
141-22 amending Section 1207.005 and adding Section 1207.0621 to
141-23 Subchapter C to read as follows:
141-24 Sec. 1207.005. SOURCES AVAILABLE FOR PAYMENT. Except as
141-25 provided by Section 1207.0621, a [A] refunding bond may be secured
141-26 by and made payable from taxes, revenue, or both, another source,
141-27 or a combination of sources[, including surplus income to be earned
142-1 from the investment of a deposit made under Subchapter C,] to the
142-2 extent the issuer is otherwise authorized to secure or pay any type
142-3 of bond by or from that source or those sources.
142-4 Sec. 1207.0621. SOURCES AVAILABLE FOR PAYMENT. An issuer may
142-5 pledge to the payment of a refunding bond issued to make a deposit
142-6 under this subchapter:
142-7 (1) any surplus income to be earned from the
142-8 investment of a deposit made under this subchapter;
142-9 (2) any other available revenue, income, or resource;
142-10 or
142-11 (3) both surplus income described by Subdivision (1)
142-12 and any other available revenue, income, or resource.
142-13 SECTION 8.0031. Section 1231.021(d), Government Code, is
142-14 amended to more accurately reflect the law from which it was
142-15 derived to read as follows:
142-16 (d) If the speaker of the house of representatives is
142-17 prohibited [not permitted] by the constitution of this state from
142-18 serving as a voting member, the speaker serves as a nonvoting
142-19 member.
142-20 SECTION 8.004. Section 1231.061(b), Government Code, is
142-21 amended to more accurately reflect the law from which it was
142-22 derived to read as follows:
142-23 (b) Not later than October 31 of each even-numbered year,
142-24 the board shall submit to the legislature a report that recommends
142-25 whether the authorization for a state security should [shall] be
142-26 revoked.
142-27 SECTION 8.005. (a) Section 1232.056, Government Code, is
143-1 amended to conform to Section 1, Chapter 341, Acts of the 76th
143-2 Legislature, Regular Session, 1999, by adding Subsection (c) to
143-3 read as follows:
143-4 (c) A subcommittee of the board, appointed by the board as
143-5 provided by Section 1371.053(c)(2), is not subject to Chapter 551
143-6 when it is acting to price and sell the obligations of the
143-7 authority in accordance with parameters for the issuance
143-8 established by the board.
143-9 (b) Section 1, Chapter 341, Acts of the 76th Legislature,
143-10 Regular Session, 1999, is repealed.
143-11 SECTION 8.006. (a) Section 1232.066(a), Government Code, is
143-12 amended to conform to Section 60, Chapter 405, Acts of the 76th
143-13 Legislature, Regular Session, 1999, to read as follows:
143-14 (a) The board's authority under this chapter is limited to
143-15 the financing of:
143-16 (1) the acquisition or construction of a building;
143-17 (2) [or] the purchase or lease of equipment; or
143-18 (3) stranded costs of a municipal power agency.
143-19 (b) Section 60, Chapter 405, Acts of the 76th Legislature,
143-20 Regular Session, 1999, is repealed.
143-21 SECTION 8.007. (a) Subchapter C, Chapter 1232, Government
143-22 Code, is amended to conform to Section 59, Chapter 405, Acts of the
143-23 76th Legislature, Regular Session, 1999, by adding Section
143-24 1232.1071 to read as follows:
143-25 Sec. 1232.1071. ISSUANCE OF OBLIGATIONS FOR FINANCING
143-26 STRANDED COSTS OF MUNICIPAL POWER AGENCY. (a) The authority may,
143-27 either directly or by means of a trust or trusts established by it,
144-1 issue obligations or other evidences of indebtedness for financing
144-2 stranded costs of a municipal power agency created by concurrent
144-3 resolution by its member cities on or before November 1, 1979,
144-4 pursuant to Chapter 163, Utilities Code, or a predecessor statute
144-5 to that chapter. The stranded costs of the municipal power agency
144-6 are set forth as allocated to the member cities in the "Potentially
144-7 Strandable Investment (ECOM) Report: 1998 Update" issued by the
144-8 Public Utility Commission of Texas.
144-9 (b) At the request of any member city of a municipal power
144-10 agency, the authority shall issue obligations or other evidences of
144-11 indebtedness in the amount of the requesting member city's stranded
144-12 costs, plus the sum of the costs described in Subdivision (1) and
144-13 the issuance costs, and shall make a grant of the proceeds of the
144-14 obligations or evidences of indebtedness to the municipal power
144-15 agency. A member city's request under this subsection must include
144-16 a statement of the payment terms for recovering stranded costs. A
144-17 grant of the proceeds of obligations or evidences of indebtedness
144-18 is subject to the following conditions:
144-19 (1) the municipal power agency shall use the grant to
144-20 reduce the outstanding principal of the agency's debts allocable to
144-21 stranded costs of the requesting member city for federal income tax
144-22 purposes, whether by redemption, defeasance, or tender offer,
144-23 together with any interest expenses, call premium, tender premium,
144-24 or administrative expenses associated with the principal payment;
144-25 and
144-26 (2) the municipal power agency shall reduce the amount
144-27 payable by the requesting member city under its power sales
145-1 contract with the agency to reflect the reduced debt service on the
145-2 agency's debt as a result of the payments made under Subdivision
145-3 (1).
145-4 (c) Obligations or evidences of indebtedness issued by the
145-5 authority under this section must be secured by nonbypassable
145-6 charges imposed by the authority on retail customers receiving
145-7 transmission and distribution services provided by the requesting
145-8 member city, which must be consistent with the stranded cost
145-9 recovery terms stated in the member city's request unless otherwise
145-10 approved by the member city. Obligations or evidences of
145-11 indebtedness issued by the authority under this section are not a
145-12 debt of this state, the municipal power agency, or any member of
145-13 the municipal power agency.
145-14 (d) The Public Utility Commission of Texas shall provide
145-15 necessary assistance to the authority to ensure the collection and
145-16 enforcement of the nonbypassable charges, whether directly or by
145-17 using the assistance and powers of the requesting member city.
145-18 (e) The authority and the Public Utility Commission of Texas
145-19 have all powers necessary to perform the duties and
145-20 responsibilities described by this section. This section shall be
145-21 interpreted broadly in a manner consistent with the most
145-22 cost-effective financing of stranded costs. To the extent
145-23 possible, obligations or evidences of indebtedness issued by the
145-24 authority under this section must be structured so that any
145-25 interest on the obligations or evidences of indebtedness is
145-26 excluded from gross income for federal income tax purposes. Any
145-27 interest on the obligations or evidences of indebtedness is not
146-1 subject to taxation by and may not be included as part of the
146-2 measurement of a tax by this state or a political subdivision of
146-3 this state.
146-4 (b) Section 59, Chapter 405, Acts of the 76th Legislature,
146-5 Regular Session, 1999, is repealed.
146-6 SECTION 8.008. Section 1232.115(d), Government Code, is
146-7 amended to more accurately reflect the law from which it was
146-8 derived to read as follows:
146-9 (d) Costs and expenses authorized by this section may not be
146-10 included in the principal amount unless the board finds that those
146-11 costs and expenses are necessary and reasonable at the time the
146-12 obligations are issued.
146-13 SECTION 8.009. (a) Subchapter C, Chapter 1232, Government
146-14 Code, is amended to conform to Section 4, Chapter 341, Acts of the
146-15 76th Legislature, Regular Session, 1999, by adding Section
146-16 1232.1191 to read as follows:
146-17 Sec. 1232.1191. DELEGATION OF AUTHORITY. (a) The board may
146-18 delegate authority to negotiate contracts required for issuance of
146-19 obligations to one or more of its employees or members.
146-20 (b) The negotiation of a contract described by Subsection
146-21 (a), including oral discussions with contractors, is not considered
146-22 to be a meeting or a deliberation.
146-23 (b) Section 4, Chapter 341, Acts of the 76th Legislature,
146-24 Regular Session, 1999, is repealed.
146-25 SECTION 8.010. (a) Section 1232.122, Government Code, is
146-26 amended to conform to Section 2, Chapter 341, Acts of the 76th
146-27 Legislature, Regular Session, 1999, to read as follows:
147-1 Sec. 1232.122. COMMENCEMENT OF CONSTRUCTION, PURCHASE, OR
147-2 LEASE. The acquisition or construction of a building or the
147-3 purchase or lease of equipment may begin after:
147-4 (1) the authority has certified that obligations in an
147-5 amount sufficient to pay the construction or purchase price of the
147-6 project have been authorized for issuance by the authority and
147-7 approved by the Bond Review Board [under an interim construction
147-8 finance agreement established by the authority in accordance with
147-9 Chapter 1371]; or
147-10 (2) the proceeds have been deposited into the state
147-11 treasury and:
147-12 (A) the comptroller has certified that the
147-13 proceeds are available;
147-14 (B) the reserve funds and capitalized interest,
147-15 as certified by the authority as reasonably required, have been
147-16 paid; and
147-17 (C) the costs of issuing the obligations, as
147-18 certified by the authority, have been paid.
147-19 (b) Section 2, Chapter 341, Acts of the 76th Legislature,
147-20 Regular Session, 1999, is repealed.
147-21 SECTION 8.011. (a) Section 1371.001(4), Government Code, is
147-22 amended to conform to Section 1, Chapter 378, Acts of the 76th
147-23 Legislature, Regular Session, 1999, to read as follows:
147-24 (4) "Issuer" means:
147-25 (A) a home-rule municipality that:
147-26 (i) adopted its charter under Section 5,
147-27 Article XI, Texas Constitution;
148-1 (ii) has a population of 50,000 or more;
148-2 and
148-3 (iii) has outstanding long-term
148-4 indebtedness that is rated by a nationally recognized rating agency
148-5 for municipal securities in one of the four highest rating
148-6 categories for a long-term obligation;
148-7 (B) a conservation and reclamation district
148-8 created and organized as a river authority under Section 52,
148-9 Article III, or Section 59, Article XVI, Texas Constitution;
148-10 (C) a joint powers agency organized and
148-11 operating under Chapter 163, Utilities Code;
148-12 (D) a metropolitan rapid transit authority or
148-13 regional transportation authority created, organized, and operating
148-14 under Chapter 451 or 452, Transportation Code;
148-15 (E) a conservation and reclamation district
148-16 organized or operating as a navigation district under Section 52,
148-17 Article III, or Section 59, Article XVI, Texas Constitution;
148-18 (F) a district organized or operating under
148-19 Section 59, Article XVI, Texas Constitution, that has all or part
148-20 of two or more municipalities within its boundaries;
148-21 (G) a state agency, including a state
148-22 institution of higher education;
148-23 (H) a hospital authority created or operating
148-24 under Chapter 262 or 264, Health and Safety Code, in a county that:
148-25 (i) has a population of more than two
148-26 million; or
148-27 (ii) is included, in whole or in part, in
149-1 a standard metropolitan statistical area of this state that
149-2 includes a county with a population of more than 1.8 million;
149-3 (I) a hospital district in a county that has a
149-4 population of more than two million;
149-5 (J) a nonprofit corporation organized to
149-6 exercise the powers of a higher education authority under Section
149-7 53.47(e), Education Code; or
149-8 (K) [(J)] a county with a population of two
149-9 million or more.
149-10 (b) Section 1, Chapter 378, Acts of the 76th Legislature,
149-11 Regular Session, 1999, is repealed.
149-12 SECTION 8.012. (a) Section 1372.006, Government Code, is
149-13 amended to conform to Section 5, Chapter 131, Acts of the 76th
149-14 Legislature, Regular Session, 1999, by adding Subsections (e) and
149-15 (f) to read as follows:
149-16 (e) An issuer receiving a carryforward designation shall
149-17 submit to the board a fee in an amount that is equal to the greater
149-18 of:
149-19 (1) $1,000; or
149-20 (2) 0.025 percent of the amount of the carryforward
149-21 designation.
149-22 (f) A fee required by Subsection (e) must be submitted not
149-23 later than the fifth business day following the date of receipt of
149-24 the carryforward designation.
149-25 (b) Section 5, Chapter 131, Acts of the 76th Legislature,
149-26 Regular Session, 1999, is repealed.
149-27 SECTION 8.013. (a) Section 1372.022, Government Code, is
150-1 amended to conform to Section 1, Chapter 131, Acts of the 76th
150-2 Legislature, Regular Session, 1999, to read as follows:
150-3 Sec. 1372.022. AVAILABILITY OF STATE CEILING TO ISSUERS.
150-4 (a) Before August 15 [September 1] of each year:
150-5 (1) 25 [31.5] percent of the state ceiling is
150-6 available exclusively for reservations by issuers of qualified
150-7 mortgage bonds;
150-8 (2) 11 [13] percent of the state ceiling is available
150-9 exclusively for reservations by issuers of state-voted issues;
150-10 (3) 7.5 percent of the state ceiling is available
150-11 exclusively for reservations by issuers of qualified small issue
150-12 bonds and enterprise zone facility bonds;
150-13 (4) 16.5 [7.5] percent of the state ceiling is
150-14 available exclusively for reservations by issuers of qualified
150-15 residential rental project bonds;
150-16 (5) 10.5 [11] percent of the state ceiling is
150-17 available exclusively for reservations by issuers of qualified
150-18 student loan bonds authorized by Section 53.47, Education Code; and
150-19 (6) 29.5 percent of the state ceiling is available
150-20 exclusively for reservations by any other issuer of bonds that
150-21 require an allocation.
150-22 (b) On and after August 15 but before September 1, that
150-23 portion of the state ceiling available for reservations becomes
150-24 available for qualified residential rental project issues in the
150-25 manner described by Section 1372.0321. On and after September 1,
150-26 that portion of the state ceiling available for reservations
150-27 becomes available to any issuer for any bonds that require an
151-1 allocation, subject to the provisions of this subchapter.
151-2 (b) Section 1, Chapter 131, Acts of the 76th Legislature,
151-3 Regular Session, 1999, is repealed.
151-4 SECTION 8.014. (a) Sections 1372.028(c) and (d), Government
151-5 Code, are amended to conform to Section 3, Chapter 131, Acts of the
151-6 76th Legislature, Regular Session, 1999, to read as follows:
151-7 (c) The application must:
151-8 (1) be on a form prescribed by the board;
151-9 (2) be signed by a member or officer of the issuer;
151-10 and
151-11 (3) state:
151-12 (A) the maximum amount of the bonds in the issue
151-13 that require an allocation under Section 146, Internal Revenue Code
151-14 (26 U.S.C. Section 146);
151-15 (B) the project or, with respect to an eligible
151-16 facility, a functional description of the project to be financed by
151-17 the proceeds, including the identification of the user of the
151-18 proceeds or project;
151-19 (C) whether the bonds are qualified bonds;
151-20 (D) if the bonds are qualified bonds:
151-21 (i) the subparagraph of Section 141(e)(1),
151-22 Internal Revenue Code (26 U.S.C. Section 141(e)(1)), that applies;
151-23 and
151-24 (ii) if Section 141(e)(1)(A) of that code
151-25 (26 U.S.C. Section 141(e)(1)(A)) applies, the paragraph of Section
151-26 142(a) of that code (26 U.S.C. Section 142(a)) that applies;
151-27 (E) if the bonds are not qualified bonds:
152-1 (i) that Section 141(b)(5), Internal
152-2 Revenue Code (26 U.S.C. Section 141(b)(5)), applies; or
152-3 (ii) for a transition rule project, the
152-4 paragraph of the Tax Reform Act of 1986 that applies;
152-5 (F) that bonds are not being issued for the same
152-6 stated project for which the issuer has received sufficient
152-7 carryforward during a previous year or for which there exists
152-8 unexpended proceeds from, including transferred proceeds
152-9 representing unexpended proceeds from, one or more prior issues of
152-10 bonds issued by the same issuer or based on the issuer's
152-11 population; and
152-12 (G) other information that the board may
152-13 require.
152-14 (d) An issuer is not required to provide the statement
152-15 required by Subsection (c)(3)(F) if the issuer:
152-16 (1) is an issuer of a state-voted issue;
152-17 (2) is the Texas Department of Housing and Community
152-18 Affairs; or
152-19 (3) provides evidence that one or more binding
152-20 contracts have been entered into, or other evidence acceptable to
152-21 the board as described by program rule, to spend the unexpended
152-22 proceeds by the later of:
152-23 (A) [within] 12 months after the date the board
152-24 receives the application; or
152-25 (B) December 31 of the program year for which
152-26 the application is filed.
152-27 (b) Section 3, Chapter 131, Acts of the 76th Legislature,
153-1 Regular Session, 1999, is repealed.
153-2 SECTION 8.015. (a) Section 1372.031, Government Code, is
153-3 amended to conform to Section 2, Chapter 131, Acts of the 76th
153-4 Legislature, Regular Session, 1999, to read as follows:
153-5 Sec. 1372.031. PRIORITIES FOR RESERVATIONS AMONG CERTAIN
153-6 ISSUERS. Subject to Section 1372.0321, if [If], on or before
153-7 October 20, more than one issuer in a category described by Section
153-8 1372.022(a)(2), (3), (4), or (6) applies for a reservation of the
153-9 state ceiling for the next program year, the board shall grant
153-10 reservations in that category in the order determined by the board
153-11 by lot.
153-12 (b) Subchapter B, Chapter 1372, Government Code, is amended
153-13 to conform to Section 2, Chapter 131, Acts of the 76th Legislature,
153-14 Regular Session, 1999, by adding Section 1372.0321 to read as
153-15 follows:
153-16 Sec. 1372.0321. PRIORITIES FOR RESERVATIONS AMONG ISSUERS OF
153-17 QUALIFIED RESIDENTIAL RENTAL PROJECT ISSUES. (a) In granting
153-18 reservations to issuers of qualified residential rental project
153-19 issues, the board shall:
153-20 (1) give first priority to projects in which 100
153-21 percent of the residential units in the projects are under the
153-22 restriction that the maximum allowable rents are an amount equal to
153-23 30 percent of 50 percent of the area median family income minus an
153-24 allowance for utility costs authorized under the federal low-income
153-25 housing tax credit program;
153-26 (2) give second priority to projects in which 100
153-27 percent of the residential units in the projects are under the
154-1 restriction that the maximum allowable rents are an amount equal to
154-2 30 percent of 60 percent of the area median family income minus an
154-3 allowance for utility costs authorized under the federal low-income
154-4 housing tax credit program; and
154-5 (3) give third priority to any other qualified
154-6 residential rental project.
154-7 (b) The board may not reserve a portion of the state ceiling
154-8 for a first or second priority project described by Subsection (a)
154-9 unless the board receives evidence that an application has been
154-10 filed with the Texas Department of Housing and Community Affairs
154-11 for the low-income housing tax credit that is available for
154-12 multifamily transactions that are at least 51 percent financed by
154-13 tax-exempt private activity bonds.
154-14 (c) Section 2, Chapter 131, Acts of the 76th Legislature,
154-15 Regular Session, 1999, is repealed.
154-16 SECTION 8.016. (a) Section 1372.042(d), Government Code, is
154-17 amended to conform to Section 4, Chapter 131, Acts of the 76th
154-18 Legislature, Regular Session, 1999, to read as follows:
154-19 (d) Not later than the fifth business day after the date on
154-20 which the bonds are closed, the issuer shall submit to the board:
154-21 (1) a written notice stating the delivery date of the
154-22 bonds and the principal amount of the bonds issued; [and]
154-23 (2) if the project is a project entitled to first or
154-24 second priority under Section 1372.0321, evidence from the Texas
154-25 Department of Housing and Community Affairs that an award of
154-26 low-income housing tax credits has been approved for the project;
154-27 and
155-1 (3) a certified copy of the document authorizing the
155-2 bonds and any other document relating to the issuance of the bonds,
155-3 including a statement of the bonds':
155-4 (A) principal amount;
155-5 (B) interest rate or formula by which the
155-6 interest rate is computed;
155-7 (C) maturity schedule; and
155-8 (D) purchaser or purchasers.
155-9 (b) Section 4, Chapter 131, Acts of the 76th Legislature,
155-10 Regular Session, 1999, is repealed.
155-11 SECTION 8.017. Section 1401.041, Government Code, is amended
155-12 to conform to the amendment of Section 49-h, Article III, Texas
155-13 Constitution, by the constitutional amendment proposed by H.J.R.
155-14 No. 62, Acts of the 76th Legislature, Regular Session, 1999, to
155-15 read as follows:
155-16 Sec. 1401.041. GENERAL OBLIGATION BONDS. (a) As provided by
155-17 Section 49-h(a), Article III, Texas Constitution, as that section
155-18 existed September 1, 1999, the authority may:
155-19 (1) issue general obligation bonds in an amount not to
155-20 exceed $500 million; and
155-21 (2) distribute the bond proceeds as provided by that
155-22 section.
155-23 (b) As provided by Section 49-h(c), Article III, Texas
155-24 Constitution, as that section existed September 1, 1999, the
155-25 authority may:
155-26 (1) issue general obligation bonds in an amount not to
155-27 exceed $400 million; and
156-1 (2) distribute the bond proceeds to any appropriate
156-2 agency to:
156-3 (A) acquire, construct, or equip a new facility;
156-4 or
156-5 (B) make a major repair of or renovate a
156-6 facility, corrections institution, youth corrections institution,
156-7 or mental health and mental retardation institution.
156-8 (c) As provided by Section 49-h(d), Article III, Texas
156-9 Constitution, as that section existed September 1, 1999, the
156-10 authority may:
156-11 (1) issue general obligation bonds in an amount not to
156-12 exceed $1.055 billion and distribute the bond proceeds to any
156-13 appropriate agency to:
156-14 (A) acquire, construct, or equip a:
156-15 (i) new prison or substance abuse felony
156-16 punishment facility to confine criminals; or
156-17 (ii) youth corrections institution;
156-18 (B) make a major repair of or renovate a prison
156-19 facility or youth corrections institution; or
156-20 (C) acquire, make a major repair of, or renovate
156-21 a facility for use as a state prison, a substance abuse felony
156-22 punishment facility, or a facility in which a pilot program
156-23 established as provided by Section 614.011, Health and Safety Code,
156-24 is conducted;
156-25 (2) issue general obligation bonds in an amount not to
156-26 exceed $45 million and distribute the bond proceeds to any
156-27 appropriate agency to:
157-1 (A) acquire, construct, or equip a new mental
157-2 health or mental retardation facility, including a community-based
157-3 mental health or mental retardation facility; or
157-4 (B) make a major repair of or renovate a mental
157-5 health or mental retardation facility; and
157-6 (3) issue general obligation bonds in an amount not to
157-7 exceed $50 million and distribute the bond proceeds to any
157-8 appropriate agency to:
157-9 (A) acquire, construct, or equip a new youth
157-10 corrections facility; or
157-11 (B) make a major repair of or renovate a youth
157-12 corrections facility.
157-13 (d) As provided by Section 49-h(e), Article III, Texas
157-14 Constitution, as that section existed September 1, 1999, the
157-15 authority may:
157-16 (1) issue general obligation bonds in an amount not to
157-17 exceed $1 billion; and
157-18 (2) distribute the bond proceeds as provided by that
157-19 section.
157-20 SECTION 8.018. (a) Section 1431.001, Government Code, is
157-21 amended to conform to Sections 3 and 4, Chapter 984, Acts of the
157-22 76th Legislature, Regular Session, 1999, to read as follows:
157-23 Sec. 1431.001. DEFINITIONS. In this chapter:
157-24 (1) "Anticipation note" means a note issued under this
157-25 chapter.
157-26 (2) "Eligible school district" means an independent
157-27 school district that has an average daily attendance of 190,000 or
158-1 more as determined under Section 42.005, Education Code.
158-2 (3) "Governing body" means the commissioners court of
158-3 a county or the governing body of a municipality or eligible school
158-4 district authorized to issue anticipation notes on behalf of an
158-5 issuer.
158-6 (4) [(3)] "Issuer" means a county, [or] municipality,
158-7 or eligible school district issuing an anticipation note.
158-8 (b) Section 3, Chapter 984, Acts of the 76th Legislature,
158-9 Regular Session, 1999, is repealed.
158-10 SECTION 8.019. (a) Section 1431.002, Government Code, is
158-11 amended to conform to Sections 4 and 6, Chapter 984, Acts of the
158-12 76th Legislature, Regular Session, 1999, by adding Subsection (c)
158-13 to read as follows:
158-14 (c) The governing body of an eligible school district by
158-15 order may authorize the issuance of an anticipation note.
158-16 (b) Section 1431.004, Government Code, is amended to conform
158-17 to Section 4, Chapter 984, Acts of the 76th Legislature, Regular
158-18 Session, 1999, to read as follows:
158-19 Sec. 1431.004. USES OF ANTICIPATION NOTE PROCEEDS. (a) An
158-20 issuer may use the proceeds of an anticipation note to pay:
158-21 (1) a contractual obligation incurred or to be
158-22 incurred for:
158-23 (A) the construction of a public work;
158-24 (B) the purchase of materials, supplies,
158-25 equipment, machinery, buildings, lands, and rights-of-way for the
158-26 issuer's authorized needs and purposes; or
158-27 (C) a professional service, including a service
159-1 by a tax appraisal engineer, engineer, architect, attorney,
159-2 mapmaker, auditor, financial advisor, or fiscal agent;
159-3 (2) operating or current expenses; or
159-4 (3) the issuer's cumulative cash flow deficit.
159-5 (b) The governing body of an eligible school district may
159-6 use the proceeds of an anticipation note to pay an obligation
159-7 incurred or to be incurred for:
159-8 (1) a purpose described by Subsection (a)(1)(C), (2),
159-9 or (3); or
159-10 (2) the purchase of materials, supplies, equipment, or
159-11 machinery for the district's authorized needs and purposes.
159-12 (c) For the purposes of this section, the cumulative cash
159-13 flow deficit is the amount by which the sum of an issuer's
159-14 anticipated expenditures and cash reserve reasonably required to
159-15 pay unanticipated expenditures exceeds the amount of the issuer's
159-16 cash, marketable securities, and money in an account that may be
159-17 used to pay an issuer's anticipated expenditures, other than:
159-18 (1) money in an account the use of which is subject to
159-19 legislative or judicial action or that is subject to a legislative,
159-20 judicial, or contractual requirement that the account be
159-21 reimbursed; or
159-22 (2) the proceeds of an anticipation note.
159-23 (d) [(c)] For the purposes of Subsection (c) [(b)], an
159-24 amount equal to one month's anticipated expenditures is presumed to
159-25 be reasonably required as a cash reserve.
159-26 (c) Sections 4 and 6, Chapter 984, Acts of the 76th
159-27 Legislature, Regular Session, 1999, are repealed.
160-1 SECTION 8.020. (a) Section 1431.003(a), Government Code, is
160-2 amended to conform to Section 5, Chapter 984, Acts of the 76th
160-3 Legislature, Regular Session, 1999, to read as follows:
160-4 (a) This section applies only to an issuer that is:
160-5 (1) a county; [or]
160-6 (2) a municipality with a population of 80,000 or
160-7 more; or
160-8 (3) an eligible school district.
160-9 (b) Section 5, Chapter 984, Acts of the 76th Legislature,
160-10 Regular Session, 1999, is repealed.
160-11 SECTION 8.021. (a) Section 1431.006, Government Code, is
160-12 amended to conform to Section 7, Chapter 984, Acts of the 76th
160-13 Legislature, Regular Session, 1999, to read as follows:
160-14 Sec. 1431.006. LIMITATION ON NOTES TO PAY EXPENSES.
160-15 Anticipation notes issued under Section 1431.004(a)(2) may not, in
160-16 the fiscal year in which the attorney general approves the notes:
160-17 (1) for a municipality, exceed 75 percent of the
160-18 revenue or taxes anticipated to be collected in that year; [or]
160-19 (2) for a county, exceed 50 percent of the revenue or
160-20 taxes anticipated to be collected in that year; or
160-21 (3) for an eligible school district, exceed 75 percent
160-22 of the income of the district for the fiscal year preceding that
160-23 year.
160-24 (b) Section 1431.009(a), Government Code, is amended to
160-25 conform to Section 7, Chapter 984, Acts of the 76th Legislature,
160-26 Regular Session, 1999, to read as follows:
160-27 (a) An anticipation note issued for a purpose described by
161-1 Section 1431.004(a)(1) or (b)(2) must mature before the seventh
161-2 anniversary of the date that the attorney general approves the
161-3 note.
161-4 (c) Section 7, Chapter 984, Acts of the 76th Legislature,
161-5 Regular Session, 1999, is repealed.
161-6 SECTION 8.0211. (a) Subtitle I, Title 9, Government Code, is
161-7 amended to codify Chapter 237, Acts of the 54th Legislature,
161-8 Regular Session, 1955 (Article 6079c-1, Vernon's Texas Civil
161-9 Statutes), by adding Chapter 1478 to read as follows:
161-10 CHAPTER 1478. ADDITIONAL AUTHORITY FOR CERTAIN
161-11 COASTAL COUNTIES TO ISSUE ROAD BONDS
161-12 Sec. 1478.001. APPLICABILITY OF CHAPTER. This chapter
161-13 applies only to a county that:
161-14 (1) is located on the Gulf of Mexico; and
161-15 (2) has within its boundaries an island susceptible to
161-16 development for recreational purposes for the use and benefit of
161-17 the residents of the county.
161-18 Sec. 1478.002. AUTHORITY TO ISSUE ROAD BONDS. A county may
161-19 issue and secure bonds in the manner provided by Chapter 284,
161-20 Transportation Code, to construct, improve, and operate roads on an
161-21 island described by Section 1478.001(2).
161-22 Sec. 1478.003. BOND PAYMENTS FROM REVENUE AND TAXES. Bonds
161-23 issued as provided by this chapter may be payable from:
161-24 (1) tolls charged for use of the road;
161-25 (2) taxes; or
161-26 (3) a combination of tolls and taxes.
161-27 Sec. 1478.004. ELECTION. Unless the action is authorized by
162-1 an election at which the question is submitted to the voters, a
162-2 county may not:
162-3 (1) issue bonds under this chapter, whether payable
162-4 from taxes or revenue; or
162-5 (2) spend county money in any manner in connection
162-6 with or on a road project under this chapter.
162-7 Sec. 1478.005. LIMITATION ON DECLARING CERTAIN FACILITIES
162-8 PART OF STATE HIGHWAY SYSTEM. (a) Except as provided by Subsection
162-9 (b), the Texas Transportation Commission may not declare to be a
162-10 part of the state highway system and maintain and operate free of
162-11 tolls a facility as to which a county has:
162-12 (1) issued bonds under Chapter 284, Transportation
162-13 Code, for a purpose authorized by that chapter and has secured the
162-14 payment of those bonds by:
162-15 (A) a pledge of the revenue to be derived from
162-16 the operation of the facility; and
162-17 (B) the levy of ad valorem taxes authorized by
162-18 Section 52, Article III, Texas Constitution; and
162-19 (2) issued bonds under this chapter for a purpose
162-20 authorized by Section 1478.002 that are payable in whole or part
162-21 from revenue.
162-22 (b) Subsection (a) does not apply if:
162-23 (1) the bonds issued under this chapter have been
162-24 paid; or
162-25 (2) an amount sufficient to pay the bonds issued under
162-26 this chapter and interest on those bonds to maturity has been set
162-27 aside for that purpose in a trust fund for the benefit of the
163-1 bondholders.
163-2 (b) Chapter 237, Acts of the 54th Legislature, Regular
163-3 Session, 1955 (Article 6079c-1, Vernon's Texas Civil Statutes), is
163-4 repealed.
163-5 SECTION 8.022. Section 1501.255(b), Government Code, is
163-6 amended to more accurately reflect the law from which it was
163-7 derived to read as follows:
163-8 (b) The notice must be published in at least two issues of a
163-9 newspaper of general circulation in the municipality, with the
163-10 first publication being not less than 14 days before the [14th day
163-11 before the] date the governing body proposes to adopt the
163-12 ordinance.
163-13 SECTION 8.023. Section 1503.154, Government Code, is amended
163-14 to more accurately reflect the law from which it was derived to
163-15 read as follows:
163-16 Sec. 1503.154. GRANT OF FRANCHISE. As additional security
163-17 for the encumbrance, a municipality that encumbers an airport under
163-18 Section 1503.153 may provide in the encumbrance for a grant, to the
163-19 purchaser under sale or foreclosure, of a franchise to operate the
163-20 airport and the improvements situated on the airport for a term not
163-21 to exceed 30 years from the date of the purchase, subject to all
163-22 laws regulating same then in force.
163-23 SECTION 8.024. (a) Sections 1504.001 and 1504.002,
163-24 Government Code, are amended to conform to Section 3, Chapter 1004,
163-25 Acts of the 76th Legislature, Regular Session, 1999, and to more
163-26 accurately reflect the law from which they were derived to read as
163-27 follows:
164-1 Sec. 1504.001. AUTHORITY FOR CERTAIN FACILITIES. (a) A
164-2 municipality may establish, acquire, lease as lessee or lessor,
164-3 construct, improve, enlarge, equip, repair, operate, or maintain a
164-4 facility such as:
164-5 (1) a civic center, auditorium, opera house, music
164-6 hall, exhibition hall, coliseum, museum, library, or other
164-7 municipal building;
164-8 (2) a golf course, tennis court, or other similar
164-9 recreational facility;
164-10 (3) a hotel owned by a municipality or a nonprofit
164-11 municipally sponsored local government corporation created under
164-12 Chapter 431, Transportation Code, that is located not more than
164-13 1,000 feet from a convention center owned by a municipality with a
164-14 population of 1,500,000 or more;
164-15 (4) a historic hotel owned by a municipality or a
164-16 nonprofit municipally sponsored local government corporation
164-17 created under Chapter 431, Transportation Code, that is located not
164-18 more than one mile from a convention center owned by a municipality
164-19 with a population of 1,500,000 or more; or
164-20 (5) a parking facility at or in the immediate vicinity
164-21 of a [cultural or athletic] facility described by Subdivisions
164-22 (1)-(4) for use in connection with that facility for off-street
164-23 parking or storage of motor vehicles or other conveyances.
164-24 (b) An eligible central municipality, as defined by Section
164-25 351.001, Tax Code, may establish, acquire, lease as lessee or
164-26 lessor, construct, improve, enlarge, equip, repair, operate, or
164-27 maintain a hotel, and any facilities ancillary to the hotel,
165-1 including shops and parking facilities, that are owned by or
165-2 located on land owned by the municipality or by a nonprofit
165-3 corporation acting on behalf of the municipality, and that is
165-4 located within 1,000 feet of a convention center facility owned by
165-5 the municipality.
165-6 Sec. 1504.002. AUTHORITY TO ISSUE REVENUE BONDS. (a) The
165-7 governing body of a municipality by ordinance may issue revenue
165-8 bonds to provide all or part of the money to establish, acquire,
165-9 construct, improve, enlarge, equip, or repair a facility described
165-10 by Section 1504.001(a) [1504.001].
165-11 (b) An eligible central municipality, as defined by Section
165-12 351.001, Tax Code, by ordinance may issue bonds or incur other
165-13 obligations to acquire, lease, construct, or equip a facility
165-14 described by Section 1504.001(b).
165-15 (b) Section 3, Chapter 1004, Acts of the 76th Legislature,
165-16 Regular Session, 1999, is repealed.
165-17 SECTION 8.025. Section 1505.068, Government Code, is amended
165-18 to more accurately reflect the law from which it was derived to
165-19 read as follows:
165-20 Sec. 1505.068. OPERATING EXPENSES AS FIRST LIEN. The
165-21 reasonable costs of administering and operating and the reasonable
165-22 expense of maintaining the project are a first lien against the
165-23 revenue and income from the operation of a project, superior to the
165-24 lien of any encumbrance on the project. From the revenue and
165-25 income of a project, the municipality shall, monthly or more
165-26 frequently if necessary, first deposit to the credit of the
165-27 operation and maintenance account an amount sufficient to pay those
166-1 expenses.
166-2 SECTION 8.026. Section 1505.209(b), Government Code, is
166-3 amended to more accurately reflect the law from which it was
166-4 derived to read as follows:
166-5 (b) The governing body of the municipality shall hold the
166-6 election in the manner provided for the issuance of other bonds of
166-7 the municipality.
166-8 PART 2. GENERAL CHANGES TO OTHER TITLES AND CODES
166-9 SECTION 8.101. Section 286.129(b), Health and Safety Code,
166-10 is amended to read as follows:
166-11 (b) The board may invest operating, depreciation, or
166-12 building reserves only in:
166-13 (1) bonds of the United States;
166-14 (2) certificates of indebtedness issued by the United
166-15 States secretary of the treasury;
166-16 (3) bonds of this state or a county, municipality, or
166-17 school district of this state; or
166-18 (4) shares or share accounts of savings and loan
166-19 associations organized under the laws of this state or federal
166-20 savings and loan associations domiciled in this state, if the
166-21 shares or share accounts are insured by the Federal Deposit
166-22 Insurance Corporation [funds or securities specified by Article 836
166-23 or 837, Revised Statutes].
166-24 SECTION 8.102. Section 287.129(b), Health and Safety Code,
166-25 is amended to read as follows:
166-26 (b) The board may invest operating, depreciation, or
166-27 building reserves only in:
167-1 (1) bonds of the United States;
167-2 (2) certificates of indebtedness issued by the United
167-3 States secretary of the treasury;
167-4 (3) bonds of this state or a county, municipality, or
167-5 school district of this state; or
167-6 (4) shares or share accounts of savings and loan
167-7 associations organized under the laws of this state or federal
167-8 savings and loan associations domiciled in this state, if the
167-9 shares or share accounts are insured by the Federal Deposit
167-10 Insurance Corporation [funds or securities specified by Article 836
167-11 or 837, Revised Statutes].
167-12 SECTION 8.103. (a) Section 303.035, Local Government Code,
167-13 is amended to conform to Section 1, Chapter 900, Acts of the 76th
167-14 Legislature, Regular Session, 1999, by adding Subsection (f) to
167-15 read as follows:
167-16 (f) A director has the same immunity from liability as is
167-17 granted under the laws of this state to a member of the sponsor's
167-18 governing body if the director was acting in good faith and in the
167-19 course and scope of the duties or functions within the corporation.
167-20 (b) Section 1, Chapter 900, Acts of the 76th Legislature,
167-21 Regular Session, 1999, is repealed.
167-22 SECTION 8.104. (a) Section 303.077(b), Local Government
167-23 Code, is amended to conform to Section 2.43, Chapter 414, Acts of
167-24 the 76th Legislature, Regular Session, 1999, to read as follows:
167-25 (b) Notwithstanding Section 9.109(d) [9.104], Business &
167-26 Commerce Code, and without any other filing, a security interest is
167-27 perfected until payment of the bonds and credit agreement, with the
168-1 effect specified by Chapter 9, Business & Commerce Code, when the
168-2 bonds are registered by the comptroller and the proceedings
168-3 authorizing the bonds are filed with the comptroller.
168-4 (b) Section 2.43, Chapter 414, Acts of the 76th Legislature,
168-5 Regular Session, 1999, is repealed.
168-6 SECTION 8.105. Section 363.206(c), Local Government Code, is
168-7 amended to read as follows:
168-8 (c) The board may not invest district funds in funds or
168-9 securities other than:
168-10 (1) bonds of the United States;
168-11 (2) certificates of indebtedness issued by the United
168-12 States secretary of the treasury;
168-13 (3) bonds of this state or a county, municipality, or
168-14 school district of this state;
168-15 (4) shares or share accounts of savings and loan
168-16 associations organized under the laws of this state or federal
168-17 savings and loan associations domiciled in this state, if the
168-18 shares or share accounts are insured by the Federal Deposit
168-19 Insurance Corporation; or
168-20 (5) investments [those] specified [by Article 836 or
168-21 837, Revised Statutes, or] by Chapter 2256, Government Code.
168-22 SECTION 8.106. (a) Sections 402.121-402.123, Local
168-23 Government Code, are amended to conform to Section 53, Chapter 405,
168-24 Acts of the 76th Legislature, Regular Session, 1999, to read as
168-25 follows:
168-26 Sec. 402.121. APPLICABILITY OF SUBCHAPTER. This subchapter
168-27 applies only to a home-rule municipality that owns an electric
169-1 utility system, that by ordinance or charter elects to have the
169-2 management and control of the utility system governed by a board of
169-3 trustees [this subchapter], and that:
169-4 (1) has outstanding obligations payable in whole or in
169-5 part [solely] from and secured by a lien on and pledge of the net
169-6 revenue of the system; or
169-7 (2) issues obligations that:
169-8 (A) are payable in whole or in part [solely]
169-9 from and secured by a lien on and pledge of the net revenue of the
169-10 system; and
169-11 (B) are approved by the attorney general.
169-12 Sec. 402.122. TRANSFER OF MANAGEMENT AND CONTROL OF ELECTRIC
169-13 UTILITY SYSTEM. (a) A municipality by ordinance may transfer
169-14 management and control of the municipality's electric utility
169-15 system to a [five-member] board of trustees appointed by the
169-16 municipality's governing body.
169-17 (b) The municipality by ordinance shall prescribe:
169-18 (1) the number of members; and
169-19 (2) the qualifications for appointment to the board.
169-20 Sec. 402.123. AUTHORITY OF BOARD OF TRUSTEES. (a) The
169-21 municipality by ordinance may vest in the board the power to
169-22 establish rates and related terms for its municipally owned
169-23 electric utility system.
169-24 (b) The municipality may delegate to the board of trustees
169-25 all or part of the municipality's authority to:
169-26 (1) [establish rates and charges for use of the
169-27 utility system's facilities;]
170-1 [(2)] exercise the power of eminent domain with
170-2 respect to property that will be used by, useful to, or required by
170-3 the utility system; and
170-4 (2) [(3)] issue obligations in the name of the
170-5 municipality to acquire or construct an improvement to or extension
170-6 of the utility system or to repair the system.
170-7 (c) [(b)] The municipality may authorize the board of
170-8 trustees to issue obligations under Subsection (b)(2) [(a)(3)]
170-9 without the prior approval of the municipality. The obligations
170-10 must be payable solely from the net revenue of the utility system.
170-11 (d) [(c)] The municipality may not delegate to the board of
170-12 trustees the authority to:
170-13 (1) levy or collect ad valorem taxes; or
170-14 (2) issue obligations that are payable in whole or in
170-15 part from ad valorem taxes.
170-16 (e) [(d)] The municipality and the board of trustees may
170-17 jointly provide for the issuance of obligations payable from ad
170-18 valorem taxes and the utility system's net revenue by adopting
170-19 identical provisions in an ordinance or resolution, as appropriate.
170-20 (b) Section 53, Chapter 405, Acts of the 76th Legislature,
170-21 Regular Session, 1999, is repealed.
170-22 SECTION 8.107. Section 111.053, Natural Resources Code, is
170-23 amended to read as follows:
170-24 Sec. 111.053. BOND OF PUBLIC UTILITY. (a) Before engaging
170-25 in business as a public utility, a person, association, or
170-26 corporation that is to engage in business as a public utility shall
170-27 file a bond in an amount not to exceed $25,000 that is properly
171-1 executed and made payable to the State of Texas with the amount of
171-2 the bond and the sureties on the bond subject to the approval of
171-3 the commission.
171-4 (b) In lieu of a bond as required by Subsection (a), a
171-5 person, association, or corporation may deposit with the
171-6 commission:
171-7 (1) bonds of the United States;
171-8 (2) certificates of indebtedness issued by the United
171-9 States secretary of the treasury;
171-10 (3) bonds of this state or a county, municipality, or
171-11 school district of this state; or
171-12 (4) shares or share accounts of savings and loan
171-13 associations organized under the laws of this state or federal
171-14 savings and loan associations domiciled in this state, if the
171-15 shares or share accounts are insured by the Federal Deposit
171-16 Insurance Corporation.
171-17 (c) The bond or securities in lieu of the bond as provided
171-18 by Subsection (b) [in Article 836, Revised Civil Statutes of Texas,
171-19 1925, as amended,] shall be approved by the commission before the
171-20 bond [it] is filed or the securities deposited.
171-21 (d) [(c)] After proper notice and hearing as provided by
171-22 law, the amount of the bond may be changed from time to time by
171-23 order of the commission, according to the volume of business done
171-24 or to be done by the public utility.
171-25 (e) [(d)] The bond shall be conditioned that the public
171-26 utility will observe the applicable provisions of this subchapter
171-27 and chapter and the rules of the commission insofar as its business
172-1 is regulated and controlled by the commission and that the public
172-2 utility will exercise ordinary care in the storage, preservation,
172-3 handling, and delivery of petroleum products entrusted to it and
172-4 shall guarantee the classification, measurements, and grades made
172-5 by it under its authority and in conformity herewith.
172-6 (f) [(e)] The bond shall be for the benefit of the patrons
172-7 of the public utility and their assignees as though they were named
172-8 obligees in the bond and they shall severally have the right of
172-9 suit on the bond.
172-10 SECTION 8.108. (a) Sections 152.301 and 152.302, Water
172-11 Code, are amended to conform to Section 52, Chapter 405, Acts of
172-12 the 76th Legislature, Regular Session, 1999, to read as follows:
172-13 Sec. 152.301. ELECTRIC TRANSMISSION SERVICES AND FACILITIES.
172-14 Notwithstanding any other law, a [A] river authority may:
172-15 (1) provide transmission services, as defined by the
172-16 [Section 31.002,] Utilities Code or the Public Utility Commission
172-17 of Texas, on a regional basis to any eligible transmission customer
172-18 at any location within or outside the boundaries of the river
172-19 authority; and
172-20 (2) acquire, including by lease-purchase, lease from
172-21 or to any person, finance, [lease,] construct, rebuild, operate, or
172-22 sell electric transmission facilities at any location within or
172-23 outside the boundaries of the river authority.
172-24 Sec. 152.302. LIMITATION ON ELECTRIC TRANSMISSION
172-25 FACILITIES. This subchapter does not:
172-26 (1) authorize a river authority to construct electric
172-27 transmission facilities for an ultimate consumer of electricity to
173-1 enable that consumer to bypass the transmission or distribution
173-2 facilities of its existing provider; or
173-3 (2) relieve a river authority from an obligation to
173-4 comply with each provision of the Utilities Code concerning a
173-5 certificate of convenience and necessity for a transmission
173-6 facility.
173-7 (b) Section 52, Chapter 405, Acts of the 76th Legislature,
173-8 Regular Session, 1999, is repealed.
173-9 PART 3. CROSS-REFERENCE CHANGES
173-10 SECTION 8.201. Section 43.007(b), Agriculture Code, is
173-11 amended to read as follows:
173-12 (b) If approved at an election conducted under Chapter 1251,
173-13 Government Code [Chapters 1 and 2 of Title 22, Revised Civil
173-14 Statutes of Texas, 1925, as amended], the commissioners court may
173-15 issue bonds or warrants for the purpose of acquiring land and
173-16 constructing buildings and improvements for an experiment station.
173-17 The commissioners court may levy and collect a tax sufficient to
173-18 pay the annual interest and to provide a sinking fund for the
173-19 payment of principal on the bonds or warrants at maturity.
173-20 SECTION 8.202. Sections 58.034(a) and (d), Agriculture Code,
173-21 are amended to read as follows:
173-22 (a) The authority's bonds may be issued from time to time in
173-23 one or more series or issues, in bearer, registered, or any other
173-24 form, which may include registered uncertified obligations not
173-25 represented by written instruments and commonly known as book-entry
173-26 obligations, the registration of ownership and transfer of which
173-27 shall be provided for by the authority under a system of books and
174-1 records maintained by the authority or by an agent appointed by the
174-2 authority in resolution providing for issuance of its bonds. Bonds
174-3 may mature serially or otherwise not more than 40 years from their
174-4 date. Bonds may bear no interest or may bear interest at any rate
174-5 or rates, fixed, variable, floating, or otherwise, determined by
174-6 the board or determined pursuant to any contractual arrangements
174-7 approved by the board, not to exceed the maximum net effective
174-8 interest rate allowed by Chapter 1204, Government Code [3, Acts of
174-9 the 61st Legislature, Regular Session, 1969 (Article 717k-2,
174-10 Vernon's Texas Civil Statutes)]. Interest on the bonds may be
174-11 payable at any time, and the rate of interest on the bonds may be
174-12 adjusted at such time as may be determined by the board or as may
174-13 be determined pursuant to any contractual arrangement approved by
174-14 the board. In connection with the issuance of its bonds, the board
174-15 may exercise the powers granted to the governing body of an issuer
174-16 in connection with the issuance of obligations under Chapter 1371,
174-17 Government Code [656, Acts of the 68th Legislature, Regular
174-18 Session, 1983 (Article 717q, Vernon's Texas Civil Statutes)], to
174-19 the extent not inconsistent with this chapter.
174-20 (d) All bonds issued by the authority are subject to review
174-21 and approval by the attorney general in the same manner and with
174-22 the same effect as is provided by Chapter 1371, Government Code
174-23 [656, Acts of the 68th Legislature, Regular Session, 1983 (Article
174-24 717q, Vernon's Texas Civil Statutes)].
174-25 SECTION 8.203. Section 58.035, Agriculture Code, is amended
174-26 to read as follows:
174-27 Sec. 58.035. REFUNDING BONDS. The authority may issue,
175-1 sell, and deliver bonds to refund all or any part of its
175-2 outstanding bonds, including the payment of any redemption premium
175-3 and interest accrued, under such terms, conditions, and details as
175-4 determined by the board. Bonds issued by the authority may be
175-5 refunded in the manner provided by any other applicable statute,
175-6 including Chapter 1207, Government Code [503, Acts of the 54th
175-7 Legislature, Regular Session, 1955 (Article 717k, Vernon's Texas
175-8 Civil Statutes), and Chapter 784, Acts of the 61st Legislature,
175-9 Regular Session, 1969 (Article 717k-3, Vernon's Texas Civil
175-10 Statutes)]. Bonds, the provision for the payment of all interest
175-11 and applicable premiums on which and the principal of which has
175-12 been made through the irrevocable deposit of money with the
175-13 comptroller in accordance with the provisions of such an applicable
175-14 statute, shall no longer be charged against the issuing authority
175-15 of the authority, and on the making of such provision such issuing
175-16 authority shall, to the extent of the principal amount of such
175-17 bonds, be restored.
175-18 SECTION 8.204. Section 16.061(a), Civil Practice and
175-19 Remedies Code, is amended to read as follows:
175-20 (a) A right of action of this state or a political
175-21 subdivision of the state, including a county, an incorporated city
175-22 or town, a navigation district, a municipal utility district, a
175-23 port authority, an entity acting under Chapter 54, Transportation
175-24 Code [341, Acts of the 57th Legislature, Regular Session, 1961
175-25 (Article 1187f, Vernon's Texas Civil Statutes)], a school district,
175-26 or an entity created under Section 52, Article III, or Section 59,
175-27 Article XVI, Texas Constitution, is not barred by any of the
176-1 following sections: 16.001-16.004, 16.006, 16.007, 16.021-16.028,
176-2 16.030-16.032, 16.035-16.037, 16.051, 16.062, 16.063,
176-3 16.065-16.067, 16.070, 16.071, 31.006, or 71.021.
176-4 SECTION 8.205. Section 34.005(b), Education Code, is amended
176-5 to read as follows:
176-6 (b) The warrants must mature in serial installments not
176-7 later than the fifth anniversary of the date of issue and bear
176-8 interest at a rate not to exceed the maximum rate provided by
176-9 Section 1204.006, Government Code [2(a), Chapter 3, Acts of the
176-10 61st Legislature, Regular Session, 1969 (Article 717k-2, Vernon's
176-11 Texas Civil Statutes)]. The warrants shall be issued and sold at
176-12 not less than their face value.
176-13 SECTION 8.206. Section 34.009(d), Education Code, is amended
176-14 to read as follows:
176-15 (d) Termination penalties may not be included in any
176-16 contract under this section. The net effective interest rate on
176-17 any contract must comply with Chapter 1204, Government Code [3,
176-18 Acts of the 61st Legislature, Regular Session, 1969 (Article
176-19 717k-2, Vernon's Texas Civil Statutes)].
176-20 SECTION 8.207. Sections 45.0011(b) and (f), Education Code,
176-21 are amended to read as follows:
176-22 (b) A district to which this section applies may, in the
176-23 issuance of bonds as provided by Sections 45.001 and 45.003(b)(1),
176-24 exercise the powers granted to the governing body of an issuer with
176-25 regard to the issuance of obligations and execution of credit
176-26 agreements under Chapter 1371, Government Code [656, Acts of the
176-27 68th Legislature, Regular Session, 1983 (Article 717q, Vernon's
177-1 Texas Civil Statutes)].
177-2 (f) Sections 1371.057 and 1371.059, Government Code, govern
177-3 [Section 6, Chapter 656, Acts of the 68th Legislature, Regular
177-4 Session, 1983 (Article 717q, Vernon's Texas Civil Statutes),
177-5 governs] approval by the attorney general of obligations issued
177-6 under the authority of this section.
177-7 SECTION 8.208. Section 45.004(j), Education Code, is amended
177-8 to read as follows:
177-9 (j) Refunding bonds may be issued under this section to
177-10 refund any bonds that are scheduled to mature or that are subject
177-11 to redemption before maturity, not more than 20 years from the date
177-12 of the refunding bonds. The refunding bonds may be sold at public
177-13 or private sale under the procedures, at the price, and on the
177-14 terms determined by the governing board or commissioners court. In
177-15 addition, the bonds may be sold bearing interest at the rate
177-16 determined by the governing board or commissioners court, but not
177-17 to exceed the maximum rate prescribed by Chapter 1204, Government
177-18 Code [3, Acts of the 61st Legislature, Regular Session, 1969
177-19 (Article 717k-2, Vernon's Texas Civil Statutes)]. The governing
177-20 board or commissioners court may pledge to the payment of any
177-21 refunding bonds any surplus income to be available from the
177-22 investment or reinvestment of any deposit made as authorized by
177-23 this section or any other available revenues, income, or resources.
177-24 SECTION 8.209. Section 45.054, Education Code, is amended to
177-25 read as follows:
177-26 Sec. 45.054. ELIGIBILITY. To be eligible for approval by
177-27 the commissioner, bonds must be issued under Subchapter A of this
178-1 chapter or under Subchapter A, Chapter 1207, Government Code, to
178-2 make a deposit under Subchapter B or C of that chapter [Chapter
178-3 503, Acts of the 54th Legislature, 1955 (Article 717k, Vernon's
178-4 Texas Civil Statutes)], by an accredited school district.
178-5 SECTION 8.210. Section 45.082(c), Education Code, is amended
178-6 to read as follows:
178-7 (c) The board is not required to comply with this section if
178-8 the sale is:
178-9 (1) to a corporation established by the district under
178-10 Chapter 303, Local Government Code [Article 717s, Revised
178-11 Statutes]; and
178-12 (2) subject to a lease-purchase agreement under which
178-13 the district will acquire the real property.
178-14 SECTION 8.211. Section 45.085(h), Education Code, is amended
178-15 to read as follows:
178-16 (h) Chapter 1201, Chapter 1204, and Subchapters A-C, Chapter
178-17 1207, Government Code [Chapter 503, Acts of the 54th Legislature,
178-18 1955 (Article 717k, Vernon's Texas Civil Statutes), Chapter 3, Acts
178-19 of the 61st Legislature, Regular Session, 1969 (Article 717k-2,
178-20 Vernon's Texas Civil Statutes), and the Bond Procedures Act of 1981
178-21 (Article 717k-6, Vernon's Texas Civil Statutes)], apply to bonds
178-22 issued pursuant to this subchapter.
178-23 SECTION 8.212. Section 45.104(d), Education Code, is amended
178-24 to read as follows:
178-25 (d) A loan secured by delinquent taxes may bear interest at
178-26 a rate not to exceed the maximum rate provided by Section 1204.006,
178-27 Government Code [2(a), Chapter 3, Acts of the 61st Legislature,
179-1 Regular Session, 1969 (Article 717k-2, Vernon's Texas Civil
179-2 Statutes)].
179-3 SECTION 8.213. Section 45.111(i), Education Code, is amended
179-4 to read as follows:
179-5 (i) Each governing body may refund or refinance outstanding
179-6 certificates by issuing new interest-bearing certificates within
179-7 the limitations and conditions provided in this section. The new
179-8 certificates shall be issued and delivered in lieu of and on
179-9 surrender to the comptroller and the cancellation of the
179-10 obligations being refunded, and the comptroller shall register the
179-11 new certificates and deliver them in accordance with the order
179-12 authorizing their issuance. The new certificates may be issued in
179-13 accordance with Subchapter A, Chapter 1207, Government Code, and
179-14 delivered in accordance with Subchapter B or C of that chapter
179-15 [Chapter 503, Acts of the 54th Legislature, 1955 (Article 717k,
179-16 Vernon's Texas Civil Statutes)].
179-17 SECTION 8.214. Section 52.17(f), Education Code, is amended
179-18 to read as follows:
179-19 (f) With respect to loans granted under this chapter, the
179-20 board shall file semiannually with the Bond Review Board [bond
179-21 review board established under Chapter 1078, Acts of the 70th
179-22 Legislature, Regular Session, 1987 (Article 717k-7, Vernon's Texas
179-23 Civil Statutes),] a report on the performance of the loans, the
179-24 Texas college interest and sinking fund, and each board interest
179-25 and sinking fund. The Bond Review Board [bond review board] shall
179-26 review the reports filed by the board under this subsection to
179-27 assess the performance of the loans under this chapter, the Texas
180-1 college interest and sinking fund, and each board interest and
180-2 sinking fund. The filing dates and the contents of the reports
180-3 must comply with any rules adopted by the Bond Review Board [bond
180-4 review board].
180-5 SECTION 8.215. Section 52.82(b), Education Code, is amended
180-6 to read as follows:
180-7 (b) Before the board may issue bonds under this subchapter,
180-8 the Bond Review Board [bond review board] must review and approve
180-9 the bonds under Chapter 1231, Government Code [1078, Acts of the
180-10 70th Legislature, Regular Session, 1987 (Article 717k-7, Vernon's
180-11 Texas Civil Statutes)].
180-12 SECTION 8.216. Section 53.35(a), Education Code, is amended
180-13 to read as follows:
180-14 (a) The bonds shall be authorized by resolution adopted by a
180-15 majority vote of a quorum of the board. Bonds authorized under
180-16 this section shall be issued in accordance with Chapter 1201,
180-17 Government Code [845, Acts of the 67th Legislature, Regular
180-18 Session, 1981 (Article 717k-6, Vernon's Texas Civil Statutes)].
180-19 The bonds shall mature serially or otherwise in not to exceed 50
180-20 years. The rate of interest to be borne by the bonds shall not
180-21 exceed the maximum rate prescribed by Chapter 1204, Government Code
180-22 [3, Acts of the 61st Legislature, Regular Session, 1969 (Article
180-23 717k-2, Vernon's Texas Civil Statutes)].
180-24 SECTION 8.217. Section 53.36(b), Education Code, is amended
180-25 to read as follows:
180-26 (b) If, prior to the day set for the adoption of the bond
180-27 resolution, there is presented to the secretary or president of the
181-1 board a petition signed by not less than 10 percent of the
181-2 qualified voters residing in the city or cities comprising the
181-3 authority, who own taxable property in the authority and who have
181-4 duly rendered it for taxation to the city in which such property is
181-5 located or situated, requesting an election on the proposition for
181-6 the issuance of the bonds, the bonds shall not be issued unless an
181-7 election is held and a majority vote is in favor of the bonds. The
181-8 election shall be called and held in accordance with the procedure
181-9 prescribed in Chapter 1251, Government Code [1, Title 22, Revised
181-10 Civil Statutes of Texas, 1925, as amended], with the board and the
181-11 president and secretary performing the functions there assigned to
181-12 the governing body of the city, the mayor and city secretary,
181-13 respectively. If no such petition is filed, the bonds may be
181-14 issued without an election. However, the board may call an
181-15 election on its own motion without the filing of the petition.
181-16 SECTION 8.218. Section 53.39, Education Code, is amended to
181-17 read as follows:
181-18 Sec. 53.39. REFUNDING BONDS. Bonds may be issued for the
181-19 purpose of refunding outstanding bonds in the manner provided in
181-20 this chapter for other bonds, and may be exchanged by the
181-21 comptroller [of public accounts] or sold and the proceeds applied
181-22 in accordance with the procedure prescribed by Subchapter B or C,
181-23 Chapter 1207, Government Code [Chapter 503, Acts of the 54th
181-24 Legislature, 1955 (Article 717k, Vernon's Texas Civil Statutes)].
181-25 SECTION 8.219. Section 53.47(a), Education Code, is amended
181-26 to read as follows:
181-27 (a) An authority may, upon approval of the city or cities
182-1 which created the same, issue revenue bonds or otherwise borrow
182-2 money to obtain funds to purchase or to make student or parent loan
182-3 notes which are guaranteed under the provisions of the Higher
182-4 Education Act of 1965 (Public Law 89-329). Revenue bonds issued
182-5 for such purpose shall be issued in accordance with and with the
182-6 effect provided in this chapter, except Section 53.36 shall not
182-7 apply, as this [said] chapter has been modified by Chapter 1204,
182-8 Government Code, and Subchapters A and D, Chapter 1207, Government
182-9 Code [3, Acts of the 61st Legislature, Regular Session, 1969, as
182-10 amended (Article 717k-2, Vernon's Texas Civil Statutes), and by
182-11 Chapter 784, Acts of the 61st Legislature, Regular Session, 1969
182-12 (Article 717k-3, Vernon's Texas Civil Statutes)]. Such bonds shall
182-13 be payable from and secured by a pledge of revenues derived from or
182-14 by reason of the ownership of student or parent loan notes and
182-15 investment income after deduction of such expenses or operating the
182-16 loan program as may be specified by the bond resolution or trust
182-17 indenture.
182-18 SECTION 8.220. Section 55.25, Education Code, is amended to
182-19 read as follows:
182-20 Sec. 55.25. APPLICABILITY OF OTHER LAW; CONFLICTS. Chapters
182-21 1201, 1202, 1204, and 1371, Government Code [Chapter 656, Acts of
182-22 the 68th Legislature, Regular Session, 1983 (Article 717q, Vernon's
182-23 Texas Civil Statutes), Chapter 3, Acts of the 61st Legislature,
182-24 Regular Session, 1969 (Article 717k-2, Vernon's Texas Civil
182-25 Statutes), the Bond Procedures Act of 1981 (Article 717k-6,
182-26 Vernon's Texas Civil Statutes), and Chapter 53, Acts of the 70th
182-27 Legislature, 2nd Called Session, 1987 (Article 717k-8, Vernon's
183-1 Texas Civil Statutes)], apply to all bonds issued pursuant to this
183-2 chapter; provided, however, that in the event of any conflict
183-3 between such laws and this chapter, the provisions of this chapter
183-4 prevail.
183-5 SECTION 8.221. Section 56.126(c), Education Code, is amended
183-6 to read as follows:
183-7 (c) The board must issue the bonds in the manner provided by
183-8 Chapter 1201, Government Code [the Bond Procedures Act of 1981
183-9 (Article 717k-6, Vernon's Texas Civil Statutes)].
183-10 SECTION 8.222. Section 56.129, Education Code, is amended to
183-11 read as follows:
183-12 Sec. 56.129. INTEREST RATE. The revenue bonds or refunding
183-13 bonds must bear interest at a rate not to exceed the rate provided
183-14 by Chapter 1204, Government Code [3, Acts of the 61st Legislature,
183-15 Regular Session, 1969 (Article 717k-2, Vernon's Texas Civil
183-16 Statutes)].
183-17 SECTION 8.223. Section 65.46(d), Education Code, is amended
183-18 to read as follows:
183-19 (d) The board may enter into financing programs under which
183-20 the board may issue notes for any lawful purpose for which bonds or
183-21 notes may be issued and may make provision for the notes initially
183-22 issued under the programs to be refinanced, renewed, or refunded
183-23 throughout the period of the programs by the issuance, sale, and
183-24 delivery of additional notes. The notes may be secured in any
183-25 manner provided by law for securing notes or bonds, and also may be
183-26 secured by the proceeds of the sale of notes, the proceeds of the
183-27 sale of bonds, or credit agreements, all as the board provides in
184-1 the resolution authorizing the financing program and the issuance
184-2 of notes under the program. The board may:
184-3 (1) provide in the resolution authorizing the
184-4 financing program for the maximum principal amount of notes to be
184-5 outstanding at any time under the financing program;
184-6 (2) provide for the authorization of one or more
184-7 officers or employees of the board to act on behalf of the board in
184-8 selling and delivering notes and fixing their dates, prices,
184-9 interest rates, terms of payment, and other procedures relating to
184-10 the notes as specified in the resolution;
184-11 (3) contract for the future sale of notes under which
184-12 designated purchasers are committed to purchase notes from time to
184-13 time on the terms and conditions stated in the contract, including
184-14 a credit agreement executed in connection with the notes;
184-15 (4) provide for the payment of consideration that the
184-16 board considers proper for the purchase commitments, and provide
184-17 for the payment of the consideration out of proceeds from the sale
184-18 of notes or from any other source that is available for the purpose
184-19 of paying the notes or that may otherwise be legally available to
184-20 make the payments; and
184-21 (5) exercise any other rights and powers that are
184-22 granted to issuers of [short term] obligations under Chapter 1371,
184-23 Government Code [656, Acts of the 68th Legislature, Regular
184-24 Session, 1983 (Article 717q, Vernon's Texas Civil Statutes)], which
184-25 also governs the approval by the attorney general of the notes,
184-26 related credit agreements, and other contracts or instruments and
184-27 the registration of the notes by the comptroller [of public
185-1 accounts].
185-2 SECTION 8.224. Sections 130.1221(b) and (e), Education Code,
185-3 are amended to read as follows:
185-4 (b) A district to which this section applies may, in the
185-5 issuance of bonds as provided by Section 130.122, exercise the
185-6 powers granted to the governing body of an issuer with regard to
185-7 the issuance of obligations and execution of credit agreements
185-8 under Chapter 1371, Government Code [656, Acts of the 68th
185-9 Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
185-10 Civil Statutes)].
185-11 (e) Sections 1371.057 and 1371.059, Government Code, govern
185-12 [Section 6, Chapter 656, Acts of the 68th Legislature, Regular
185-13 Session, 1983 (Article 717q, Vernon's Texas Civil Statutes),
185-14 governs] approval by the attorney general of obligations issued
185-15 under the authority of this section.
185-16 SECTION 8.225. Section 130.125(a)(5), Education Code, is
185-17 amended to read as follows:
185-18 (5) "Obligations" means notes, warrants, or other
185-19 special obligations authorized to be issued by an issuer under the
185-20 provisions of this section and all "public securities" ["bonds"] as
185-21 defined by Section 1201.002, Government Code [in the Bond
185-22 Procedures Act of 1981 (Article 717k-6, Vernon's Texas Civil
185-23 Statutes)], which prior to the delivery thereof, have been rated by
185-24 a nationally recognized rating agency for municipal securities in
185-25 either one of the three highest ranking categories for short-term
185-26 obligations or one of the four highest ranking categories for
185-27 long-term obligations. It is provided, however, that the term
186-1 "obligations" does not mean or include any obligations payable from
186-2 ad valorem taxes.
186-3 SECTION 8.226. Section 130.125(c), Education Code, is
186-4 amended to read as follows:
186-5 (c) The issuance of obligations shall be authorized by
186-6 resolution or order of the governing body of an issuer, which
186-7 resolution or order shall fix the maximum amount of obligations to
186-8 be issued or, if applicable, the maximum principal amount which may
186-9 be outstanding at any time, the maximum term obligations issued and
186-10 delivered pursuant to such authorization shall be outstanding, the
186-11 maximum interest rate to be borne by the obligations (within the
186-12 limitations of Chapter 1204, Government Code) [3, Acts of the 61st
186-13 Legislature, Regular Session, 1969 (Article 717k-2, Vernon's Texas
186-14 Civil Statutes))], the manner of sale (which may be by either
186-15 public or private sale), price, form, terms, conditions, and
186-16 covenants thereof. The resolution or order authorizing the
186-17 issuance of obligations may provide for the designation of a paying
186-18 agent and registrar for the obligations and may authorize one or
186-19 more designated officers or employers of the issuer to act on
186-20 behalf of the issuer from time to time in the selling and
186-21 delivering of obligations authorized and fixing the dates, price,
186-22 interest rates, interest payment periods, and other procedures as
186-23 may be specified in the resolution or order. Obligations may be
186-24 issued in such form or such denomination, payable at such time or
186-25 times, in such amount or amounts or installments, at such place or
186-26 places, in such form, under such terms, conditions, and details, in
186-27 such manner, redeemable prior to maturity at any time or times,
187-1 bearing no interest, or bearing interest at any rate or rates
187-2 (either fixed, variable, floating, adjustable, or otherwise, all as
187-3 determined in accordance with the resolution or order providing for
187-4 the issuance of the obligations, which resolution or order may
187-5 provide a formula, index, contract, or any other arrangement for
187-6 the periodic determination of interest rates), not to exceed the
187-7 maximum net effective interest rate allowed by law and may be
187-8 signed or otherwise executed in such manner, with manual or
187-9 facsimile signatures, and with or without a seal, all as shall be
187-10 specified by the governing body of the issuer in the resolution or
187-11 order authorizing the issuance of the obligations. The proceeds
187-12 received from the sale of obligations may be deposited or invested
187-13 in any manner and in such obligations as may be specified in the
187-14 resolution or order or other proceedings authorizing the
187-15 obligations. In the event any officer or officers whose signatures
187-16 are on any obligations cease to be such officer or officers before
187-17 the delivery thereof to the purchaser, such signature or signatures
187-18 shall nevertheless be valid and sufficient for all purposes and the
187-19 successor or successors in office of any such officers shall be
187-20 fully authorized to complete the execution, authentication, or
187-21 delivery of said obligations to the purchaser or purchasers
187-22 thereof.
187-23 SECTION 8.227. Section 130.126(d), Education Code, is
187-24 amended to read as follows:
187-25 (d) Except as provided by Subsection (b) of this section,
187-26 the governing board of a public junior college district or regional
187-27 college district must issue the notes in the manner provided by
188-1 Chapter 1201, Government Code [the Bond Procedures Act of 1981
188-2 (Article 717k-6, Vernon's Texas Civil Statutes)].
188-3 SECTION 8.228. Sections 130.127 and 130.129, Education Code,
188-4 are amended to read as follows:
188-5 Sec. 130.127. REFUNDING NOTES. The governing board of a
188-6 public junior college district or regional college district may
188-7 issue refunding notes to refund notes issued under Section 130.126
188-8 of this code in the manner and for the purposes provided by
188-9 Subchapter A, Chapter 1207, Government Code, to make a deposit
188-10 under Subchapter B or C of that chapter [Chapter 503, Acts of the
188-11 54th Legislature, 1955 (Article 717k, Vernon's Texas Civil
188-12 Statutes)].
188-13 Sec. 130.129. INTEREST RATE. Notes and refunding notes
188-14 issued under this subchapter must bear interest at a rate not to
188-15 exceed the rate provided by Chapter 1204, Government Code [3, Acts
188-16 of the 61st Legislature, Regular Session, 1969 (Article 717k-2,
188-17 Vernon's Texas Civil Statutes)].
188-18 SECTION 8.229. Section 41.012, Government Code, is amended
188-19 to read as follows:
188-20 Sec. 41.012. LIABILITY INSURANCE. A county or district
188-21 attorney may purchase, for himself and for his staff members,
188-22 liability insurance, or similar coverage from a governmental pool
188-23 operating under Chapter 119, Local Government Code, or a
188-24 self-insurance fund or risk retention group operating under Chapter
188-25 2259 [1084, Acts of the 70th Legislature, Regular Session, 1987
188-26 (Article 715c, Vernon's Texas Civil Statutes)], to insure against
188-27 claims arising from the performance of his official duties from
189-1 state or county funds appropriated or allocated for the expenses of
189-2 his office or from accounts maintained by the county or district
189-3 attorney, including but not limited to the fund created by charges
189-4 assessed by the county or district attorney in connection with the
189-5 collection of "insufficient fund" negotiable instruments.
189-6 SECTION 8.230. Section 404.027(c), Government Code, is
189-7 amended to read as follows:
189-8 (c) In this section:
189-9 (1) "Credit agreement" has the meaning assigned by
189-10 Section 1371.001. [1(6), Chapter 656, Acts of the 68th Legislature,
189-11 Regular Session, 1983 (Article 717q, Vernon's Texas Civil
189-12 Statutes); and]
189-13 (2) "Obligations" include commercial paper, variable
189-14 rate demand obligations, and "public securities" ["bonds"] as
189-15 defined by Section 1201.002 [(1)(b), Chapter 845, Acts of the 67th
189-16 Legislature, Regular Session, 1981 (Article 717k-6, Vernon's Texas
189-17 Civil Statutes)].
189-18 SECTION 8.231. Section 404.103(d), Government Code, is
189-19 amended to read as follows:
189-20 (d) The trust company may act as escrow agent for refunding
189-21 bonds issued under Subchapter A, Chapter 1207, to make a deposit
189-22 under Subchapter B or C of that chapter [Chapter 503, Acts of the
189-23 54th Legislature, Regular Session, 1955 (Article 717k, Vernon's
189-24 Texas Civil Statutes)].
189-25 SECTION 8.232. Section 404.123(e), Government Code, is
189-26 amended to read as follows:
189-27 (e) The notes are not subject to review by the Bond Review
190-1 Board [bond review board created by Senate Bill 1027, Acts of the
190-2 70th Legislature, Regular Session, 1987].
190-3 SECTION 8.233. Sections 404.125(c) and (d), Government Code,
190-4 are amended to read as follows:
190-5 (c) In connection with the issuance of the notes, the
190-6 comptroller may exercise the powers granted to the governing body
190-7 of an issuer in connection with the issuance of obligations under
190-8 Chapter 1371 [656, Acts of the 68th Legislature, Regular Session,
190-9 1983 (Article 717q, Vernon's Texas Civil Statutes),] to the extent
190-10 not inconsistent with this section. The notes are subject to
190-11 review and approval by the attorney general in the same manner and
190-12 with the same effect as is provided by that chapter [Act].
190-13 (d) The comptroller is an authorized issuer under Chapter
190-14 1201 [the Bond Procedures Act of 1981 (Article 717k-6, Vernon's
190-15 Texas Civil Statutes)], and [the procedures, terms, and provisions
190-16 of] that chapter applies [Act apply] to the tax and revenue
190-17 anticipation notes authorized in this subchapter.
190-18 SECTION 8.234. Sections 465.025(b) and (c), Government Code,
190-19 are amended to read as follows:
190-20 (b) Bonds may bear no interest or may bear interest at a
190-21 rate or rates, fixed, variable, floating, or otherwise, determined
190-22 by the commission or a financing corporation, as applicable, or
190-23 determined pursuant to any contractual arrangements approved by the
190-24 commission or the financing corporation, as applicable, not to
190-25 exceed the maximum net effective interest rate allowed by Chapter
190-26 1204 [3, Acts of the 61st Legislature, Regular Session, 1969
190-27 (Article 717k-2, Vernon's Texas Civil Statutes)]. Interest on the
191-1 bonds may be payable at any time and the rate of interest on the
191-2 bonds may be adjusted at a time determined by the commission or the
191-3 financing corporation, as applicable, or as determined by
191-4 contractual arrangement approved by the commission or the financing
191-5 corporation, as applicable.
191-6 (c) In connection with the issuance of its bonds, the
191-7 commission and any financing corporation may exercise the powers
191-8 granted to the governing body of an issuer in connection with the
191-9 issuance of obligations under Chapter 1371 [656, Acts of the 68th
191-10 Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
191-11 Civil Statutes),] to the extent not inconsistent with this section.
191-12 SECTION 8.235. Section 465.030, Government Code, is amended
191-13 to read as follows:
191-14 Sec. 465.030. REFUNDING. The commission and any financing
191-15 corporation may issue bonds to refund all or part of the
191-16 outstanding bonds of the commission or the financing corporation,
191-17 including matured but unpaid interest, in whole or in part, in the
191-18 manner provided by other applicable statutes, including Chapter
191-19 1207 [503, Acts of the 54th Legislature, Regular Session, 1955
191-20 (Article 717k, Vernon's Texas Civil Statutes), and Chapter 784,
191-21 Acts of the 61st Legislature, Regular Session, 1969 (Article
191-22 717k-3, Vernon's Texas Civil Statutes)]. If the provision for the
191-23 payment of all interest and applicable premiums on and principal of
191-24 revenue bonds issued under this subchapter has been made through
191-25 the irrevocable deposit of money with the comptroller as provided
191-26 by an applicable statute, the amount of the revenue bonds may no
191-27 longer be charged against the issuing authority of the commission
192-1 and the financing corporations, and on the making of that provision
192-2 the issuing authority is restored to the extent of the principal
192-3 amount of the revenue bonds.
192-4 SECTION 8.236. Section 481.023(a), Government Code, is
192-5 amended to read as follows:
192-6 (a) The department shall perform the administrative duties
192-7 prescribed under:
192-8 (1) Chapter 1433 [the Act for Development of
192-9 Employment, Industrial and Health Resources of 1971 (Article
192-10 5190.1, Vernon's Texas Civil Statutes)]; and
192-11 (2) the Development Corporation Act of 1979 (Article
192-12 5190.6, Vernon's Texas Civil Statutes).
192-13 SECTION 8.237. Section 495.021(b), Government Code, is
192-14 amended to read as follows:
192-15 (b) A contract under this section is subject to review and
192-16 approval by the Bond Review Board [bond review board] under the
192-17 provisions of Chapter 1231 [1078, Acts of the 70th Legislature,
192-18 Regular Session, 1987 (Article 717k-7, Vernon's Texas Civil
192-19 Statutes),] without regard to the amount or the duration of the
192-20 contract.
192-21 SECTION 8.238. Section 531.191(f), Government Code, is
192-22 amended to read as follows:
192-23 (f) The design, development, and operation of an automated
192-24 data processing system to support the plan required by Subsection
192-25 (a) may be financed through the issuance of bonds or other
192-26 obligations under Chapter 1232 [the Texas Public Finance Authority
192-27 Act (Article 601d, Vernon's Texas Civil Statutes)].
193-1 SECTION 8.239. Section 612.005(d), Government Code, is
193-2 amended to read as follows:
193-3 (d) A political subdivision may satisfy this section by:
193-4 (1) electing to be self-insured under Chapter 2259
193-5 [1084, Acts of the 70th Legislature, Regular Session, 1987 (Article
193-6 715c, Vernon's Texas Civil Statutes)];
193-7 (2) entering into a risk retention group, risk
193-8 management pool, or interlocal contract with other political
193-9 subdivisions under [Chapter 1084, Acts of the 70th Legislature,
193-10 Regular Session, 1987 (Article 715c, Vernon's Texas Civil
193-11 Statutes),] Chapter 119, Local Government Code, or Chapter 791 or
193-12 2259; or
193-13 (3) providing for coverage by an insurance company
193-14 authorized to write motor vehicle liability insurance coverage.
193-15 SECTION 8.240. Section 2165.005(a), Government Code, is
193-16 amended to read as follows:
193-17 (a) This section prescribes the procedure for naming a
193-18 building owned by this [the] state, including a building financed
193-19 under Chapter 1232 [the Texas Public Finance Authority Act (Article
193-20 601d, Vernon's Texas Civil Statutes)].
193-21 SECTION 8.241. Sections 2166.453(d), (e), (g), and (h),
193-22 Government Code, are amended to read as follows:
193-23 (d) If the commission makes the necessary determination
193-24 under Subsection (c) and the purchase or construction is approved
193-25 under Subsection (b), the Texas Public Finance Authority shall
193-26 issue and sell bonds to finance the purchase or construction under
193-27 Chapter 1232 [the Texas Public Finance Authority Act (Article 601d,
194-1 Vernon's Texas Civil Statutes)], and the commission may purchase or
194-2 construct the building under that chapter [Act] and other
194-3 applicable law.
194-4 (e) The limitation prescribed by Section 1232.102 [9, Texas
194-5 Public Finance Authority Act (Article 601d, Vernon's Texas Civil
194-6 Statutes),] relating to the location of a building for which bonds
194-7 may be issued and sold does not apply to financing the purchase or
194-8 construction of a building under this section.
194-9 (g) If a state agency vacates leased space to move into
194-10 space in a building purchased or constructed under this section or
194-11 if the leased space itself is purchased under this section, the
194-12 money specifically appropriated by the legislature or the money
194-13 available to and budgeted by the agency for lease payments for the
194-14 leased space for the remainder of the biennium may be used only for
194-15 rental or installment payments for the purchased or constructed
194-16 space under Section 1232.116(b) [12(b), Texas Public Finance
194-17 Authority Act (Article 601d, Vernon's Texas Civil Statutes),] and
194-18 for the payment of operating expenses for the purchased or
194-19 constructed space that are incurred by the commission. The
194-20 comptroller may adopt rules for the administration of this
194-21 subsection.
194-22 (h) In this section, "total space occupancy costs" include:
194-23 (1) for leased space, the direct cost of the lease
194-24 payments for the space;
194-25 (2) for purchased or constructed space, the direct
194-26 cost of rental or installment payments for the space under Section
194-27 1232.116(b) [12(b), Texas Public Finance Authority Act (Article
195-1 601d, Vernon's Texas Civil Statutes)];
195-2 (3) the cost of necessary renovations;
195-3 (4) operating costs, including janitorial and utility
195-4 costs; and
195-5 (5) for purchased or constructed space, the cost of
195-6 maintaining a cash replacement reserve sufficient to service
195-7 structural maintenance requirements reflecting the expected
195-8 performance life of the major capital expense items of the building
195-9 for the term of the bonded indebtedness.
195-10 SECTION 8.242. Section 2166.553, Government Code, is amended
195-11 to read as follows:
195-12 Sec. 2166.553. ACQUISITION AND CONSTRUCTION OF BUILDINGS FOR
195-13 HEALTH AND HUMAN SERVICES AGENCIES. (a) The commission may not
195-14 acquire or approve construction of a building, including a building
195-15 the acquisition or construction of which is financed under Chapter
195-16 1232 [the Texas Public Finance Authority Act (Article 601d,
195-17 Vernon's Texas Civil Statutes)], to serve the needs of a single
195-18 health and human services agency unless the agency can provide a
195-19 reason to the commission for not sharing space in the building with
195-20 one or more other health and human services agencies.
195-21 (b) In this section, "health and human services agency"
195-22 means the:
195-23 (1) Interagency Council on Early Childhood
195-24 Intervention Services;
195-25 (2) Texas Department on Aging;
195-26 (3) Texas Commission on Alcohol and Drug Abuse;
195-27 (4) Texas Commission for the Blind;
196-1 (5) Texas Commission for the Deaf and Hard of Hearing
196-2 [Impaired];
196-3 (6) Texas Department of Health;
196-4 (7) Texas Department of Human Services;
196-5 (8) Texas Juvenile Probation Commission;
196-6 (9) Texas Department of Mental Health and Mental
196-7 Retardation;
196-8 (10) Texas Rehabilitation Commission; and
196-9 (11) Department of Protective and Regulatory Services.
196-10 SECTION 8.243. Section 2301.035, Government Code, is amended
196-11 to read as follows:
196-12 Sec. 2301.035. FUNDS. An authority may:
196-13 (1) make loans to public or private entities to fund
196-14 eligible projects;
196-15 (2) issue bonds to fund eligible projects; and
196-16 (3) encumber its property, pledge its revenues, and
196-17 enter credit agreements, as defined by Section 1371.001 [Chapter
196-18 656, Acts of the 68th Legislature, Regular Session, 1983 (Article
196-19 717q, Vernon's Texas Civil Statutes)], to secure its bonds.
196-20 SECTION 8.244. Section 2301.091(d), Government Code, is
196-21 amended to read as follows:
196-22 (d) In issuing bonds, an authority may exercise the powers
196-23 granted to the governing body of an issuer relating to the issuance
196-24 of obligations under Chapter 1371 [656, Acts of the 68th
196-25 Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
196-26 Civil Statutes)].
196-27 SECTION 8.245. Sections 2301.092(e) and (g), Government
197-1 Code, are amended to read as follows:
197-2 (e) The bonds may bear no interest or a rate of interest
197-3 determined by the authority or by a contractual agreement approved
197-4 by the authority, but may not exceed the maximum net effective
197-5 interest rate allowed by Chapter 1204 [3, Acts of the 61st
197-6 Legislature, Regular Session, 1969 (Article 717k-2, Vernon's Texas
197-7 Civil Statutes)].
197-8 (g) The bonds are subject to review and approval by the
197-9 attorney general in the same manner and with the same effect as is
197-10 provided by Chapter 1371 [656, Acts of the 68th Legislature,
197-11 Regular Session, 1983 (Article 717q, Vernon's Texas Civil
197-12 Statutes)].
197-13 SECTION 8.246. Section 2303.509, Government Code, is amended
197-14 to read as follows:
197-15 Sec. 2303.509. DEVELOPMENT BONDS. To finance a project in
197-16 an enterprise zone, bonds may be issued under:
197-17 (1) Chapter 1433 [the Act for Development of
197-18 Employment, Industrial and Health Resources of 1971 (Article
197-19 5190.1, Vernon's Texas Civil Statutes)]; or
197-20 (2) the Development Corporation Act of 1979 (Article
197-21 5190.6, Vernon's Texas Civil Statutes).
197-22 SECTION 8.247. Section 2306.354(d), Government Code, is
197-23 amended to read as follows:
197-24 (d) The refunded bonds or obligations may be refunded in
197-25 another manner permitted by this chapter or other state law,
197-26 including Chapter 1207 [503, Acts of the 54th Legislature, Regular
197-27 Session, 1955 (Article 717k, Vernon's Texas Civil Statutes), and
198-1 Chapter 784, Acts of the 61st Legislature, Regular Session, 1969
198-2 (Article 717k-3, Vernon's Texas Civil Statutes)].
198-3 SECTION 8.248. Section 2310.408, Government Code, is amended
198-4 to read as follows:
198-5 Sec. 2310.408. DEVELOPMENT BONDS. To finance a project in a
198-6 readjustment zone, bonds may be issued under:
198-7 (1) Chapter 1433 [the Act for Development of
198-8 Employment, Industrial and Health Resources of 1971 (Article
198-9 5190.1, Vernon's Texas Civil Statutes)]; or
198-10 (2) the Development Corporation Act of 1979 (Article
198-11 5190.6, Vernon's Texas Civil Statutes).
198-12 SECTION 8.249. Section 221.064(b), Health and Safety Code,
198-13 is amended to read as follows:
198-14 (b) The net effective interest rate on the bonds, computed
198-15 according to Chapter 1204, Government Code [3, Acts of the 61st
198-16 Legislature, Regular Session, 1969 (Article 717k-2, Vernon's Texas
198-17 Civil Statutes)], may not exceed the maximum annual interest rate
198-18 established for business loans of $250,000 or more in this state.
198-19 SECTION 8.250. Section 223.016(b), Health and Safety Code,
198-20 is amended to read as follows:
198-21 (b) Land previously acquired by eminent domain by an issuer
198-22 may be sold or leased under this chapter if the governing body of
198-23 the issuer determines that:
198-24 (1) the use of the land will not interfere with the
198-25 purpose for which the land was originally acquired or that the land
198-26 is no longer needed for that purpose;
198-27 (2) at least seven years have elapsed since the date
199-1 the land was acquired by eminent domain; and
199-2 (3) the land was not acquired for park purposes or, if
199-3 the land was acquired for park purposes, the sale or lease of
199-4 parkland has been approved at an election held under Section
199-5 1502.055, Government Code [Article 1112, Revised Statutes].
199-6 SECTION 8.251. Section 223.026(d), Health and Safety Code,
199-7 is amended to read as follows:
199-8 (d) The issuer may provide for execution of the bonds and
199-9 any coupons using a facsimile signature under Chapter 618,
199-10 Government Code [204, Acts of the 57th Legislature, Regular
199-11 Session, 1961 (Article 717j-1, Vernon's Texas Civil Statutes)]. If
199-12 the signature or a facsimile signature of a person who has been an
199-13 officer appears on a bond or coupon, the signature or facsimile
199-14 signature is valid and sufficient for all purposes, regardless of
199-15 whether the person is an officer when the bonds are delivered.
199-16 SECTION 8.252. Section 262.043(b), Health and Safety Code,
199-17 is amended to read as follows:
199-18 (b) Revenue bonds may:
199-19 (1) be sold at a price and under terms that the board
199-20 considers the most advantageous reasonably obtainable, except that
199-21 the net effective interest rate computed according to [as defined
199-22 by] Chapter 1204, Government Code [3, Acts of the 61st Legislature,
199-23 Regular Session, 1969 (Article 717k-2, Vernon's Texas Civil
199-24 Statutes)], may not exceed 10 percent a year;
199-25 (2) be made callable before maturity at times and
199-26 prices prescribed in the resolution authorizing the bonds; and
199-27 (3) be made registrable as to principal or as to
200-1 principal and interest.
200-2 SECTION 8.253. Section 262.045(b), Health and Safety Code,
200-3 is amended to read as follows:
200-4 (b) The election shall be ordered and held as provided by
200-5 Chapter 1251, Government Code [1, Title 22, Revised Statutes]. The
200-6 board, president, and secretary shall perform the functions
200-7 assigned under that chapter respectively to the municipality's
200-8 governing body, mayor, and municipal secretary.
200-9 SECTION 8.254. Section 262.048(b), Health and Safety Code,
200-10 is amended to read as follows:
200-11 (b) Bonds issued under this chapter may be exchanged by the
200-12 comptroller or sold. The proceeds shall be applied as provided by
200-13 Subchapters B and C, Chapter 1207, Government Code [Chapter 503,
200-14 Acts of the 54th Legislature, 1955 (Article 717k, Vernon's Texas
200-15 Civil Statutes)], or other applicable law.
200-16 SECTION 8.255. Section 264.043(b), Health and Safety Code,
200-17 is amended to read as follows:
200-18 (b) Revenue bonds may:
200-19 (1) be sold at a price and under terms that the board
200-20 considers the most advantageous reasonably obtainable, except that
200-21 the net effective interest rate computed according to [as defined
200-22 by] Chapter 1204, Government Code [3, Acts of the 61st Legislature,
200-23 Regular Session, 1969 (Article 717k-2, Vernon's Texas Civil
200-24 Statutes)], may not exceed 10 percent a year;
200-25 (2) be made callable before maturity at times and
200-26 prices prescribed in the resolution authorizing the bonds; and
200-27 (3) be made registrable as to principal or as to
201-1 principal and interest.
201-2 SECTION 8.256. Section 264.045(b), Health and Safety Code,
201-3 is amended to read as follows:
201-4 (b) The election shall be ordered and held as provided by
201-5 Chapter 1251, Government Code [1, Title 22, Revised Statutes]. The
201-6 board, president, and secretary shall perform the functions
201-7 assigned under that chapter respectively to the commissioners
201-8 court, county judge, and county clerk.
201-9 SECTION 8.257. Section 264.048(b), Health and Safety Code,
201-10 is amended to read as follows:
201-11 (b) Bonds issued under this section may be exchanged by the
201-12 comptroller or sold. The proceeds shall be applied as provided by
201-13 Subchapters B and C, Chapter 1207, Government Code [Chapter 503,
201-14 Acts of the 54th Legislature, 1955 (Article 717k, Vernon's Texas
201-15 Civil Statutes)], or other applicable law.
201-16 SECTION 8.258. Section 265.041(a), Health and Safety Code,
201-17 is amended to read as follows:
201-18 (a) The revenue bonds may mature serially or otherwise not
201-19 more than 40 years after they are issued. The bonds may bear
201-20 interest at a rate not to exceed the maximum rate provided by
201-21 Chapter 1204, Government Code [3, Acts of the 61st Legislature,
201-22 Regular Session, 1969 (Article 717k-2, Vernon's Texas Civil
201-23 Statutes)], and may be made redeemable prior to maturity.
201-24 SECTION 8.259. Section 265.043(a), Health and Safety Code,
201-25 is amended to read as follows:
201-26 (a) The revenue bonds may be sold at public or private sale
201-27 at a price and under terms determined by the directors. The bonds
202-1 may bear interest at a rate not to exceed the maximum rate provided
202-2 by Chapter 1204, Government Code [3, Acts of the 61st Legislature,
202-3 Regular Session, 1969 (Article 717k-2, Vernon's Texas Civil
202-4 Statutes)].
202-5 SECTION 8.260. Section 265.045(d), Health and Safety Code,
202-6 is amended to read as follows:
202-7 (d) The directors shall order an election requested under
202-8 Subsection (c) in the county and any part of the municipality that
202-9 is not in the county. The election shall be held substantially as
202-10 provided by Chapter 1251, Government Code [1, Title 22, Revised
202-11 Statutes]. The board may issue the bonds if the issuance is
202-12 approved at the election.
202-13 SECTION 8.261. Section 281.102(c), Health and Safety Code,
202-14 is amended to read as follows:
202-15 (c) The election must be:
202-16 (1) called and held in accordance with Chapter 1251,
202-17 Government Code [1, Title 22, Revised Statutes]; and
202-18 (2) conducted in the same manner as other countywide
202-19 elections.
202-20 SECTION 8.262. Section 283.102(b), Health and Safety Code,
202-21 is amended to read as follows:
202-22 (b) The election must be:
202-23 (1) ordered and held in accordance with Chapter 1251,
202-24 Government Code [1, Title 22, Revised Statutes]; and
202-25 (2) conducted in the same manner as other countywide
202-26 elections.
202-27 SECTION 8.263. Section 285.025(b), Health and Safety Code,
203-1 is amended to read as follows:
203-2 (b) The bonds may not bear interest at a rate greater than
203-3 that allowed by Chapter 1204, Government Code [3, Acts of the 61st
203-4 Legislature, Regular Session, 1969 (Article 717k-2, Vernon's Texas
203-5 Civil Statutes)].
203-6 SECTION 8.264. Section 286.143(c), Health and Safety Code,
203-7 is amended to read as follows:
203-8 (c) Notice of a bond election shall be given as provided by
203-9 Section 1251.003, Government Code [Article 704, Revised Statutes].
203-10 SECTION 8.265. Sections 286.145(b) and (c), Health and
203-11 Safety Code, are amended to read as follows:
203-12 (b) The bonds must be issued in the manner provided by
203-13 Subchapter D, Chapter 1207, Government Code [Chapter 784, Acts of
203-14 the 61st Legislature, Regular Session, 1969 (Article 717k-3,
203-15 Vernon's Texas Civil Statutes)].
203-16 (c) The refunding bonds may be sold and the proceeds applied
203-17 to the payment of outstanding indebtedness or may be exchanged in
203-18 whole or in part for not less than a similar principal amount of
203-19 outstanding indebtedness. If the refunding bonds are to be sold
203-20 and the proceeds applied to the payment of outstanding
203-21 indebtedness, the refunding bonds must be issued and payments made
203-22 in the manner provided by Subchapters A-C, Chapter 1207, Government
203-23 Code [Chapter 503, Acts of the 54th Legislature, Regular Session,
203-24 1955 (Article 717k, Vernon's Texas Civil Statutes)].
203-25 SECTION 8.266. Sections 286.146 and 286.147, Health and
203-26 Safety Code, are amended to read as follows:
203-27 Sec. 286.146. INTEREST AND MATURITY. District bonds must
204-1 mature not later than the 50th anniversary of the date of their
204-2 issuance and must bear interest at a rate not to exceed that
204-3 provided by Chapter 1204, Government Code [3, Acts of the 61st
204-4 Legislature, Regular Session, 1969 (Article 717k-2, Vernon's Texas
204-5 Civil Statutes)].
204-6 Sec. 286.147. EXECUTION OF BONDS. The president of the
204-7 board shall execute the bonds in the name of the district, and the
204-8 secretary of the board shall countersign the bonds in the manner
204-9 provided by Chapter 618, Government Code [the Texas Uniform
204-10 Facsimile Signature of Public Officials Act (Article 717j-1,
204-11 Vernon's Texas Civil Statutes)].
204-12 SECTION 8.267. Sections 287.143(b) and (c), Health and
204-13 Safety Code, are amended to read as follows:
204-14 (b) The bonds must be issued in the manner provided by
204-15 Subchapter D, Chapter 1207, Government Code [Chapter 784, Acts of
204-16 the 61st Legislature, Regular Session, 1969 (Article 717k-3,
204-17 Vernon's Texas Civil Statutes)].
204-18 (c) The refunding bonds may be sold and the proceeds applied
204-19 to the payment of outstanding indebtedness or may be exchanged in
204-20 whole or in part for not less than a similar principal amount of
204-21 outstanding indebtedness. If the refunding bonds are to be sold
204-22 and the proceeds applied to the payment of outstanding
204-23 indebtedness, the refunding bonds must be issued and payments made
204-24 in the manner provided by Subchapters A-C, Chapter 1207, Government
204-25 Code [Chapter 503, Acts of the 54th Legislature, Regular Session,
204-26 1955 (Article 717k, Vernon's Texas Civil Statutes)].
204-27 SECTION 8.268. Sections 287.144 and 287.145, Health and
205-1 Safety Code, are amended to read as follows:
205-2 Sec. 287.144. INTEREST AND MATURITY. District bonds must
205-3 mature not later than the 50th anniversary of the date of their
205-4 issuance and must bear interest at a rate not to exceed that
205-5 provided by Chapter 1204, Government Code [3, Acts of the 61st
205-6 Legislature, Regular Session, 1969 (Article 717k-2, Vernon's Texas
205-7 Civil Statutes)].
205-8 Sec. 287.145. EXECUTION OF BONDS. The president of the
205-9 board shall execute the bonds in the name of the district, and the
205-10 secretary of the board shall countersign the bonds in the manner
205-11 provided by Chapter 618, Government Code [the Texas Uniform
205-12 Facsimile Signature of Public Officials Act (Article 717j-1,
205-13 Vernon's Texas Civil Statutes)].
205-14 SECTION 8.269. Section 362.016(c), Health and Safety Code,
205-15 is amended to read as follows:
205-16 (c) A public agency that has taxing power may hold an
205-17 election substantially in accordance with Chapter 1251, Government
205-18 Code [1, Title 22, Revised Statutes], applicable to issuance of
205-19 bonds by a municipality to determine whether a contract may be an
205-20 obligation secured by the taxing power of the public agency to an
205-21 extent not permitted by Subsection (b). If it is determined by a
205-22 favorable vote at the election that the public agency is authorized
205-23 to levy an ad valorem tax to make all or part of the payments under
205-24 the contract, and that the payments are to be made unconditionally
205-25 regardless of whether the contracting person is willing and able to
205-26 receive and dispose of solid waste as provided by the contract, the
205-27 contract is an obligation secured by the public agency's taxing
206-1 power to the extent provided. The ballot proposition at the
206-2 election must plainly state that ad valorem tax funds may be used
206-3 to make contract payments if the contractor cannot receive or
206-4 dispose of solid waste because of mechanical failure of the
206-5 facility financed by the bonds or for other reasons.
206-6 SECTION 8.270. Sections 364.033(a) and (c), Health and
206-7 Safety Code, are amended to read as follows:
206-8 (a) A contract between a public agency and a county that is
206-9 authorized by the public agency's governing body is an obligation
206-10 against the public agency's taxing power to the extent provided by
206-11 the contract if:
206-12 (1) the public agency holds an election according to
206-13 applicable procedure provided by Chapter 1251, Government Code [1,
206-14 Title 22, Revised Statutes], relating to the issuance of bonds by a
206-15 municipality; and
206-16 (2) at the election, it is determined that the public
206-17 agency's governing body may levy an ad valorem tax to make any
206-18 payments required of the public agency under the contract.
206-19 (c) Only qualified voters of the public agency are entitled
206-20 to vote at an election held under this section, and except as
206-21 otherwise provided by this section and by Chapter 1251, Government
206-22 Code [1, Title 22, Revised Statutes], the Election Code governs an
206-23 election under this section.
206-24 SECTION 8.271. Section 364.054(a), Health and Safety Code,
206-25 is amended to read as follows:
206-26 (a) As an alternative for, or in addition to, the procedure
206-27 provided by Section 364.053, the board of directors of a district
207-1 may validate its bonds by filing suit under [in a district court in
207-2 the manner and with the effect provided by] Chapter 1205,
207-3 Government Code [400, Acts of the 66th Legislature, 1979 (Article
207-4 717m-1, Vernon's Texas Civil Statutes)].
207-5 SECTION 8.272. Section 383.026(b), Health and Safety Code,
207-6 is amended to read as follows:
207-7 (b) Before issuing bonds secured by other utility revenue,
207-8 the governing body must order an election to determine whether the
207-9 bonds may be issued. The governing body shall set the date of the
207-10 election in accordance with Section 41.001, Election Code. The
207-11 manner of holding the election is governed by Chapter 1251,
207-12 Government Code [1, Title 22, Revised Statutes]. If the majority of
207-13 voters who vote at the election approve the issuance of the bonds,
207-14 the governing body may issue the bonds.
207-15 SECTION 8.273. Section 402.094(c), Health and Safety Code,
207-16 is amended to read as follows:
207-17 (c) The authority may lease property on terms and conditions
207-18 the board determines advantageous to the authority, but land that
207-19 is part of a licensed disposal site may be leased only from the
207-20 Texas Public Finance Authority as provided by Chapter 1232,
207-21 Government Code [the Texas Public Finance Authority Act (Article
207-22 601d, Vernon's Texas Civil Statutes)].
207-23 SECTION 8.274. Section 402.292(b), Health and Safety Code,
207-24 is amended to read as follows:
207-25 (b) In the resolution or order authorizing the bonds, the
207-26 board may provide for the bonds to:
207-27 (1) be executed and delivered at any time as a single
208-1 issue or from time to time as several issues;
208-2 (2) be in any denomination and form, including
208-3 registered uncertified obligations not represented by written
208-4 instruments and commonly known as book-entry obligations, the
208-5 registration of ownership and transfer of which the authority shall
208-6 provide for under a system of books and records maintained by a
208-7 bank serving as trustee, paying agent, or bond registrar;
208-8 (3) be in coupon or registered form;
208-9 (4) be payable in installments and have a maturity
208-10 date not to exceed 30 years from date of issuance;
208-11 (5) be subject to terms of redemption prior to
208-12 maturity;
208-13 (6) be payable at a place or places;
208-14 (7) bear no interest or bear interest at any rate or
208-15 rates, fixed, variable, floating, or otherwise determined by the
208-16 board, not to exceed the maximum net effective interest rate
208-17 allowed by Chapter 1204, Government Code [3, Acts of the 61st
208-18 Legislature, Regular Session, 1969 (Article 717k-2, Vernon's Texas
208-19 Civil Statutes)]; and
208-20 (8) contain other provisions not inconsistent with
208-21 this subchapter.
208-22 SECTION 8.275. Sections 402.293 and 402.295, Health and
208-23 Safety Code, are amended to read as follows:
208-24 Sec. 402.293. APPROVAL OF BONDS. Authority bonds are
208-25 subject to approval by the attorney general and the Bond Review
208-26 Board [bond review board] and registration by the comptroller as
208-27 provided by Chapters 1202 and 1231, Government Code [Article 3,
209-1 Chapter 53, Acts of the 70th Legislature, 2nd Called Session, 1987
209-2 (Article 717k-8, Vernon's Texas Civil Statutes), and Chapter 1078,
209-3 Acts of the 70th Legislature, Regular Session, 1987 (Article
209-4 717k-7, Vernon's Texas Civil Statutes)].
209-5 Sec. 402.295. REFUNDING BONDS. The authority may issue
209-6 bonds to refund all or part of its outstanding bonds, including
209-7 unpaid interest, in the same manner provided by law, including
209-8 Chapter 1207, Government Code [503, Acts of the 54th Legislature,
209-9 Regular Session, 1955 (Article 717k, Vernon's Texas Civil
209-10 Statutes), and Chapter 784, Acts of the 61st Legislature, Regular
209-11 Session, 1969 (Article 717k-3, Vernon's Texas Civil Statutes)].
209-12 SECTION 8.276. Section 534.001(c), Health and Safety Code,
209-13 is amended to read as follows:
209-14 (c) A community center is:
209-15 (1) an agency of the state, a governmental unit, and a
209-16 unit of local government, as defined and specified by Chapters 101
209-17 and 102, Civil Practice and Remedies Code;
209-18 (2) a local government, as defined by Section 791.003,
209-19 Government Code;
209-20 (3) a local government for the purposes of Chapter
209-21 2259, Government Code [1084, Acts of the 70th Legislature, Regular
209-22 Session, 1987 (Article 715c, Vernon's Texas Civil Statutes)]; and
209-23 (4) a political subdivision for the purposes of
209-24 Chapter 172, Local Government Code.
209-25 SECTION 8.277. Sections 534.022(b) and (e), Health and
209-26 Safety Code, are amended to read as follows:
209-27 (b) The community center shall issue the bonds or notes in
210-1 accordance with Chapters 1201 and 1371, Government Code [the Bond
210-2 Procedures Act of 1981 (Article 717k-6, Vernon's Texas Civil
210-3 Statutes), and Chapter 656, Acts of the 68th Legislature, Regular
210-4 Session, 1983 (Article 717q, Vernon's Texas Civil Statutes)]. The
210-5 attorney general must approve the bonds before issuance.
210-6 (e) A county or municipality acting alone or two or more
210-7 counties or municipalities acting jointly pursuant to interlocal
210-8 contract may create a public facility corporation to act on behalf
210-9 of one or more community centers pursuant to Chapter 303, Local
210-10 Government Code [the Public Facility Corporation Act (Article 717s,
210-11 Revised Statutes)]. Such counties or municipalities may exercise
210-12 the powers of a sponsor under that chapter [Act], and any such
210-13 corporation may exercise the powers of a corporation under that
210-14 chapter [Act] (including but not limited to the power to issue
210-15 bonds). The corporation may exercise its powers on behalf of
210-16 community centers in such manner as may be prescribed by the
210-17 articles and bylaws of the corporation, provided that in no event
210-18 shall one community center ever be liable to pay the debts or
210-19 obligation or be liable for the acts, actions, or undertakings of
210-20 another community center.
210-21 SECTION 8.278. Section 775.076(g), Health and Safety Code,
210-22 is amended to read as follows:
210-23 (g) The bonds and notes bear interest at rates not to exceed
210-24 the maximum rate allowed by Chapter 1204, Government Code [3, Acts
210-25 of the 61st Legislature, Regular Session, 1969 (Article 717k-2,
210-26 Vernon's Texas Civil Statutes)].
210-27 SECTION 8.279. Section 776.076(g), Health and Safety Code,
211-1 is amended to read as follows:
211-2 (g) The bonds and notes bear interest at rates not to exceed
211-3 the maximum rate allowed by Chapter 1204, Government Code [3, Acts
211-4 of the 61st Legislature, Regular Session, 1969 (Article 717k-2,
211-5 Vernon's Texas Civil Statutes)].
211-6 SECTION 8.280. Section 794.076(g), Health and Safety Code,
211-7 is amended to read as follows:
211-8 (g) The bonds and notes bear interest at rates not to exceed
211-9 the maximum rate allowed by Chapter 1204, Government Code [3, Acts
211-10 of the 61st Legislature, Regular Session, 1969 (Article 717k-2,
211-11 Vernon's Texas Civil Statutes)].
211-12 SECTION 8.281. Section 62.002(c), Human Resources Code, is
211-13 amended to read as follows:
211-14 (c) In accordance with the terms of the cooperative
211-15 agreement, each county which is a party to the agreement may issue
211-16 the bonds of the county as provided by Chapter 1301, Government
211-17 Code [2, Title 22, Revised Civil Statutes of Texas, 1925, as
211-18 amended], for the purpose of acquiring, maintaining, and operating
211-19 the facilities for juveniles.
211-20 SECTION 8.282. Section 504.015(a), Labor Code, is amended to
211-21 read as follows:
211-22 (a) This section applies to a municipal utility operated by
211-23 a board of trustees established under Section 1502.070, Government
211-24 Code [Article 1115, Revised Statutes], or a similar law.
211-25 SECTION 8.283. Section 504.017, Labor Code, is amended to
211-26 read as follows:
211-27 Sec. 504.017. FEDERAL AND STATE FUNDED TRANSPORTATION
212-1 ENTITIES. An entity is eligible to participate under Section
212-2 504.016[; Chapter 1084, Acts of the 70th Legislature, Regular
212-3 Session, 1987 (Article 715c, Vernon's Texas Civil Statutes);] or
212-4 Chapter 791 or 2259, Government Code, if the entity provides
212-5 transportation subsidized in whole or in part by and provided to
212-6 clients of:
212-7 (1) the Texas Department on Aging;
212-8 (2) the Texas Commission on Alcohol and Drug Abuse;
212-9 (3) the Texas Commission for the Blind;
212-10 (4) the Texas Cancer Council;
212-11 (5) the Texas Commission for the Deaf and Hard of
212-12 Hearing;
212-13 (6) the Texas Department of Housing and Community
212-14 Affairs;
212-15 (7) the Texas Department of Human Services;
212-16 (8) the Texas Department of Mental Health and Mental
212-17 Retardation;
212-18 (9) the Texas Rehabilitation Commission; or
212-19 (10) the Texas Youth Commission.
212-20 SECTION 8.284. Section 504.073(b), Labor Code, is amended to
212-21 read as follows:
212-22 (b) In a proceeding involving workers' compensation for
212-23 employees of a municipal utility operated by a board of trustees
212-24 established under Section 1502.070, Government Code [Article 1115,
212-25 Revised Statutes], or a similar law, if the board of trustees is a
212-26 self-insurer, the municipality shall be represented by the
212-27 regularly employed attorney or outside counsel of the board of
213-1 trustees.
213-2 SECTION 8.285. Section 43.075(l), Local Government Code, is
213-3 amended to read as follows:
213-4 (l) The municipality may issue revenue refunding bonds in
213-5 its own name for the purpose of refunding outstanding district
213-6 revenue bonds, warrants, or other obligations, including unpaid
213-7 accrued interest on them, that are assumed by the municipality
213-8 under this section. The municipality may combine different issues
213-9 of district and municipal revenue bonds, warrants, or other
213-10 obligations into one series of revenue refunding bonds and may
213-11 pledge the net revenues of the utility systems or property to the
213-12 payment of the refunding bonds as the governing body considers
213-13 proper. Except as otherwise provided by this section, Chapter
213-14 1502, Government Code, applies [Articles 1111-1118, Vernon's Texas
213-15 Civil Statutes, apply] to the revenue refunding bonds, but an
213-16 election for the issuance of the bonds is not required. Refunding
213-17 bonds must bear interest at the same rate or at a lower rate than
213-18 that borne by the refunded obligations unless it is shown
213-19 mathematically that a different rate results in a savings in the
213-20 total amount of interest to be paid.
213-21 SECTION 8.286. Section 154.010(a), Local Government Code, is
213-22 amended to read as follows:
213-23 (a) A warrant may be drawn on either the general fund or
213-24 salary fund to pay any insurance premium or self-insurance pool
213-25 contribution for the purpose of providing insurance or other
213-26 coverage for the liabilities of an official or employee of the
213-27 county, a district attorney who has all or part of the county
214-1 within the district attorney's jurisdiction, or an official of any
214-2 special purpose district located, in whole or in part, in the
214-3 county arising from the performance of an official duty or a duty
214-4 of employment as authorized by Section 157.041 or Chapter 119[,
214-5 Local Government Code,] or by Chapter 791 or 2259, Government Code
214-6 [1084, Acts of the 70th Legislature, Regular Session, 1987 (Article
214-7 715c, Vernon's Texas Civil Statutes), or by the Interlocal
214-8 Cooperation Act (Chapter 791, Government Code)].
214-9 SECTION 8.287. Section 157.041, Local Government Code, is
214-10 amended to read as follows:
214-11 Sec. 157.041. GENERAL LIABILITY INSURANCE. (a) The
214-12 commissioners court of a county may obtain insurance or similar
214-13 coverage from a governmental pool operating under Chapter 119 or a
214-14 self-insurance fund or risk retention group operating under Chapter
214-15 2259, Government Code [1084, Acts of the 70th Legislature, Regular
214-16 Session, 1987 (Article 715c, Vernon's Texas Civil Statutes)], for
214-17 an official or employee of the county including county and precinct
214-18 peace officers designated by the commissioners court, a district
214-19 attorney who has all or part of the county within the district
214-20 attorney's jurisdiction, or an official of any special purpose
214-21 district located, in whole or in part, in the county against
214-22 liability arising from the performance of official duties or duties
214-23 of employment.
214-24 (b) Insurance provided under this section must be purchased
214-25 from an insurance company authorized to do business in this state
214-26 and must be on forms approved by the commissioner of insurance
214-27 [State Board of Insurance].
215-1 (c) The commissioner of insurance [State Board of Insurance]
215-2 shall adopt rules and set rates to implement this section.
215-3 (d) Coverage obtained from a pool operating under Chapter
215-4 119 or a self-insurance fund or risk retention group operating
215-5 under Chapter 2259, Government Code [1084, Acts of the 70th
215-6 Legislature, Regular Session, 1987 (Article 715c, Vernon's Texas
215-7 Civil Statutes)], is not insurance and, except as provided by
215-8 Subsections (b) and (c), is not subject to regulation by the
215-9 commissioner of insurance [Texas Department of Insurance].
215-10 SECTION 8.288. Section 157.043(b), Local Government Code, is
215-11 amended to read as follows:
215-12 (b) The commissioners court of a county may obtain insurance
215-13 or similar coverage from a governmental pool operating under
215-14 Chapter 119 or a self-insurance fund or risk retention group
215-15 operating under Chapter 2259, Government Code [1084, Acts of the
215-16 70th Legislature, Regular Session, 1987 (Article 715c, Vernon's
215-17 Texas Civil Statutes)], for a county officer or employee, insuring
215-18 the officer or employee from liability for losses arising from the
215-19 performance of official duties by the officer or duties of
215-20 employment by the employee, including losses resulting from errors
215-21 or omissions of the officer or employee or from crime, dishonesty,
215-22 or theft.
215-23 SECTION 8.289. Section 212.102(2), Local Government Code, is
215-24 amended to read as follows:
215-25 (2) "Assessment road district" means a road district
215-26 that has issued refunding bonds and that has imposed assessments on
215-27 each parcel of land under Subchapter C, Chapter 1471, Government
216-1 Code [Section 2.018, Article 726, Revised Statutes].
216-2 SECTION 8.290. Section 252.022(b), Local Government Code, is
216-3 amended to read as follows:
216-4 (b) This chapter does not apply to bonds or warrants issued
216-5 under Subchapter A, Chapter 421 [Title 118, Revised Statutes,
216-6 relating to seawalls].
216-7 SECTION 8.291. Section 262.029, Local Government Code, is
216-8 amended to read as follows:
216-9 Sec. 262.029. TIME WARRANT ELECTION. If before the date
216-10 tentatively set for the authorization of the issuance of time
216-11 warrants applying to a contract covered by this subchapter or if
216-12 before that authorization a petition signed by at least five
216-13 percent of the registered voters of the county is filed with the
216-14 county clerk protesting the issuance of the time warrants, the
216-15 county may not issue the time warrants unless the issuance is
216-16 approved at an election ordered and conducted in the manner
216-17 provided for county bond elections under Chapter 1251, Government
216-18 Code [1, Title 22, Revised Statutes].
216-19 SECTION 8.292. Section 270.004(d), Local Government Code, is
216-20 amended to read as follows:
216-21 (d) The commissioners court may issue negotiable bonds and
216-22 levy taxes for the interest and sinking funds of the bonds, in
216-23 accordance with Subtitles A and C, Title 9, Government Code
216-24 [Chapter 1, Title 22, Revised Statutes], to purchase or acquire in
216-25 another manner the land or housing and to improve, enlarge, extend,
216-26 or repair the land or housing.
216-27 SECTION 8.293. Sections 271.005(a) and (c), Local Government
217-1 Code, are amended to read as follows:
217-2 (a) The governing body of a governmental agency may execute,
217-3 perform, and make payments under a contract with any person for the
217-4 use or the purchase or other acquisition of any personal property,
217-5 or the financing thereof. The contract is an obligation of the
217-6 governmental agency. The contract may:
217-7 (1) be on the terms considered appropriate by the
217-8 governing body;
217-9 (2) be in the form of a lease, a lease with an option
217-10 or options to purchase, an installment purchase, or any other form
217-11 considered appropriate by the governing body including that of an
217-12 instrument which would be required to be approved by the attorney
217-13 general under [pursuant to] Chapter 1202, Government Code, [53,
217-14 Acts of the 70th Legislature, 2nd Called Session, 1987 (Article
217-15 717k-8, Vernon's Texas Civil Statutes)] provided that contracts in
217-16 such form must be approved by the attorney general in accordance
217-17 with the terms of that chapter [article];
217-18 (3) be for a term approved by the governing body and
217-19 contain an option or options to renew or extend the term; and
217-20 (4) be made payable from a pledge of all or any part
217-21 of any revenues, funds, or taxes available to the governmental
217-22 agency for its public purposes.
217-23 (c) A contract may provide for the payment of interest on
217-24 the unpaid amounts of the contract at a rate or rates and may
217-25 contain prepayment provisions, termination penalties, and other
217-26 provisions determined within the discretion of the governing body.
217-27 The net effective interest rate on the contract may not exceed the
218-1 net effective interest rate at which public securities may be
218-2 issued in accordance with Chapter 1204, Government Code [3, Acts of
218-3 the 61st Legislature, Regular Session, 1969 (Article 717k-2,
218-4 Vernon's Texas Civil Statutes)]. Interest on the unpaid amounts of
218-5 a contract shall be computed as simple interest.
218-6 SECTION 8.294. Section 271.047(c), Local Government Code, is
218-7 amended to read as follows:
218-8 (c) A certificate may not mature over a period greater than
218-9 40 years from the date of the certificate and may not bear interest
218-10 at a rate greater than that allowed by Chapter 1204, Government
218-11 Code [3, Acts of the 61st Legislature, Regular Session, 1969
218-12 (Article 717k-2, Vernon's Texas Civil Statutes)].
218-13 SECTION 8.295. Section 271.049(c), Local Government Code, is
218-14 amended to read as follows:
218-15 (c) If before the date tentatively set for the authorization
218-16 of the issuance of the certificates or if before the authorization,
218-17 the municipal secretary or clerk if the issuer is a municipality,
218-18 or the county clerk if the issuer is a county, receives a petition
218-19 signed by at least five percent of the qualified voters of the
218-20 issuer protesting the issuance of the certificates, the issuer may
218-21 not authorize the issuance of the certificates unless the issuance
218-22 is approved at an election ordered, held, and conducted in the
218-23 manner provided for bond elections under Chapter 1251, Government
218-24 Code [1, Title 22, Revised Statutes].
218-25 SECTION 8.296. Section 271.050(c), Local Government Code, is
218-26 amended to read as follows:
218-27 (c) A certified copy of the proceedings relating to the
219-1 authorization of the certificates must be submitted to the attorney
219-2 general and must be approved by the attorney general as having been
219-3 authorized in accordance with this subchapter. The attorney
219-4 general shall examine the proceedings relating to the authorization
219-5 of the certificates. Subtitles A and C, Title 9, Government Code,
219-6 and Chapter 618, Government Code, [Articles 709 through 716,
219-7 Revised Statutes, and the Texas Uniform Facsimile Signature of
219-8 Public Officials Act (Article 717j-1, Vernon's Texas Civil
219-9 Statutes)] govern the execution, approval, registration, and
219-10 validity of the certificates. After registration of the
219-11 certificates by the comptroller [of public accounts], the
219-12 certificates are incontestable for any cause.
219-13 SECTION 8.297. Section 271.0525(b), Local Government Code,
219-14 is amended to read as follows:
219-15 (b) If, before the date tentatively set for the
219-16 authorization of refinancing certificates, the county clerk
219-17 receives a petition that meets the requirements of Subsection (c)
219-18 [of this section] protesting the issuance of the refinancing
219-19 certificates, the county may not authorize the issuance of the
219-20 refinancing certificates unless the issuance is approved at an
219-21 election ordered, held, and conducted in the manner provided for
219-22 bond elections under Chapter 1251, Government Code [1, Title 22,
219-23 Revised Statutes].
219-24 SECTION 8.298. Sections 271.053 and 271.056, Local
219-25 Government Code, are amended to read as follows:
219-26 Sec. 271.053. CERTIFICATES AS DEBT AND SECURITY.
219-27 Certificates are debts of the issuer within the meaning of Article
220-1 XI, Sections 5 and 7, of the Texas Constitution. When delivered,
220-2 certificates are "security" within the meaning of Chapter 8,
220-3 Business & Commerce Code, and are general obligations of the issuer
220-4 within the meaning of Subchapters A and D, Chapter 1207, Government
220-5 Code [Chapter 784, Acts of the 61st Legislature, Regular Session,
220-6 1969 (Article 717k-3, Vernon's Texas Civil Statutes)].
220-7 Sec. 271.056. EXEMPTIONS FROM ADVERTISEMENT REQUIREMENT.
220-8 The provisions of this subchapter relating to the advertisement for
220-9 competitive bids do not apply to:
220-10 (1) a case of public calamity if it is necessary to
220-11 act promptly to relieve the necessity of the residents or to
220-12 preserve the property of the issuer;
220-13 (2) a case in which it is necessary to preserve or
220-14 protect the public health of the residents of the issuer;
220-15 (3) a case of unforeseen damage to public machinery,
220-16 equipment, or other property;
220-17 (4) a contract for personal or professional services;
220-18 (5) work done by employees of the issuer and paid for
220-19 as the work progresses;
220-20 (6) the purchase of any land, building, existing
220-21 utility system, or right-of-way for authorized needs and purposes;
220-22 (7) expenditures for or relating to improvements in
220-23 municipal water systems, sewer systems, streets, or drainage, if at
220-24 least one-third of the cost of the improvements is to be paid by
220-25 special assessments levied against properties to be benefitted by
220-26 the improvements;
220-27 (8) a case in which the entire contractual obligation
221-1 is to be paid from bond funds or current funds or in which an
221-2 advertisement for bids has previously been published in accordance
221-3 with this subchapter but the current funds or bond funds are not
221-4 adequate to permit the awarding of the contract and certificates
221-5 are to be awarded to provide for the deficiency;
221-6 (9) the sale of a public security, as that term is
221-7 defined by Section 1204.001, Government Code [Chapter 3, Acts of
221-8 the 61st Legislature, Regular Session, 1969 (Article 717k-2,
221-9 Vernon's Texas Civil Statutes)];
221-10 (10) a municipal procurement of a kind that, under
221-11 Chapter 252, is not required to be made in accordance with
221-12 competitive bidding procedures like those prescribed by this
221-13 subchapter; or
221-14 (11) a county contract that, under the County
221-15 Purchasing Act (Subchapter C, Chapter 262), is not required to be
221-16 made in accordance with competitive bidding procedures like those
221-17 prescribed by this subchapter.
221-18 SECTION 8.299. Section 271.091(6), Local Government Code, is
221-19 amended to read as follows:
221-20 (6) "Board" means the Bond Review Board [bond review
221-21 board created by Chapter 1078, Acts of the 70th Legislature,
221-22 Regular Session, 1987 (Article 717k-7, Vernon's Texas Civil
221-23 Statutes)].
221-24 SECTION 8.300. Section 272.004(a), Local Government Code, is
221-25 amended to read as follows:
221-26 (a) In this section, "political subdivision" has the same
221-27 meaning as the term "issuer" under Section 1371.001, Government
222-1 Code [1(1), Chapter 656, Acts of the 68th Legislature, Regular
222-2 Session, 1983 (Article 717q, Vernon's Texas Civil Statutes)].
222-3 SECTION 8.301. Section 281.071(c), Local Government Code, is
222-4 amended to read as follows:
222-5 (c) The bonds shall bear interest at a rate that does not
222-6 exceed the maximum interest rate authorized by Chapter 1204,
222-7 Government Code [3, Acts of the 61st Legislature, Regular Session,
222-8 1969 (Article 717k-2, Vernon's Texas Civil Statutes)].
222-9 SECTION 8.302. Section 281.077(a), Local Government Code, is
222-10 amended to read as follows:
222-11 (a) By resolutions adopted by the board, an authority may
222-12 issue bonds to refund all or any outstanding bonds, including
222-13 matured but unpaid interest coupons. Refunding bonds may mature
222-14 serially or in any other manner. The bonds may not mature later
222-15 than 40 years after the date of the bonds. The bonds shall bear
222-16 interest at a rate that does not exceed the maximum interest rate
222-17 authorized by Chapter 1204, Government Code [3, Acts of the 61st
222-18 Legislature, Regular Session, 1969 (Article 717k-2, Vernon's Texas
222-19 Civil Statutes)].
222-20 SECTION 8.303. Section 281.092(b), Local Government Code, is
222-21 amended to read as follows:
222-22 (b) To pledge property taxes as part or all of the required
222-23 payments under the contract, before it enters into a contract with
222-24 an authority a municipality must obtain voter approval at an
222-25 election conducted substantially according to the applicable
222-26 procedures in Chapter 1251, Government Code [1, Title 22, Revised
222-27 Statutes]. Each qualified voter in the municipality is entitled to
223-1 vote in the election. If the voters authorize the payments from
223-2 property taxes, the contract may provide that the payments are
223-3 payable from and are obligations against only the taxing power of
223-4 the municipality or may provide that the payments are payable from
223-5 taxes and other funds and revenues specified in the contract.
223-6 After the election and concurrently with, or prior to, making the
223-7 contract, the municipality shall provide for the annual assessment
223-8 and collection of an amount that is sufficient to make the contract
223-9 payments and to create a sinking fund of at least two percent.
223-10 SECTION 8.304. Section 292.002(a), Local Government Code, is
223-11 amended to read as follows:
223-12 (a) The commissioners court of a county may provide an
223-13 office building or a jail facility at a location in the county
223-14 outside the county seat in the same manner that is applicable to
223-15 such a building or facility at the county seat. The commissioners
223-16 court may provide for the building or facility through the issuance
223-17 of bonds as provided by Subtitles A, C, and D, Title 9, Government
223-18 Code [Chapters 1 and 2, Title 22, Revised Statutes], or through the
223-19 issuance of other evidences of indebtedness in the same manner as
223-20 bonds or evidences of indebtedness applicable to a courthouse or
223-21 jail at the county seat. The commissioners court may provide
223-22 office space in the building or facility for any county or precinct
223-23 office except a court required by law to sit at the county seat.
223-24 However, a county officer who is provided space in the building or
223-25 facility shall maintain an office at the county seat and shall keep
223-26 the original records of office at that office.
223-27 SECTION 8.305. Section 292.003(a), Local Government Code, is
224-1 amended to read as follows:
224-2 (a) The commissioners court of a county may provide,
224-3 maintain, and repair a branch office building or a branch jail in a
224-4 municipality with a population of 15,000 or more, other than the
224-5 county seat, in the same manner as the court may take those actions
224-6 at the county seat. The commissioners court may finance those
224-7 actions through the issuance of bonds as provided by Subtitles A,
224-8 C, and D, Title 9, Government Code [Chapters 1 and 2, Title 22,
224-9 Revised Statutes], or through the issuance of evidences of
224-10 indebtedness in the same manner as evidences of indebtedness
224-11 applicable to a courthouse or jail at the county seat. Taxes may
224-12 be levied for the bonds or evidences of indebtedness in the same
224-13 manner and subject to the same limitations applicable to a
224-14 courthouse or jail at the county seat. The cost of the facility
224-15 may not exceed two percent of the taxable value of the property in
224-16 the county in the previous year. The commissioners court has
224-17 custody of and shall care for the facility.
224-18 SECTION 8.306. Sections 292.022(d) and (e), Local Government
224-19 Code, are amended to read as follows:
224-20 (d) Bonds and certificates of indebtedness issued under this
224-21 section must:
224-22 (1) be authorized by order of the commissioners court;
224-23 (2) be signed by the county judge, attested by the
224-24 county clerk, and registered by the county treasurer;
224-25 (3) mature in 40 years or less;
224-26 (4) bear interest at a rate not to exceed the interest
224-27 rate prescribed by Chapter 1204, Government Code [3, Acts of the
225-1 61st Legislature, Regular Session, 1969 (Article 717k-2, Vernon's
225-2 Texas Civil Statutes)]; and
225-3 (5) have attached coupons evidencing the interest.
225-4 (e) Bonds under this section must be issued in compliance
225-5 with Subtitles A and C, Title 9, Government Code [Chapter 1, Title
225-6 22, Revised Statutes].
225-7 SECTION 8.307. Section 292.025(b), Local Government Code, is
225-8 amended to read as follows:
225-9 (b) The commissioners court of a county may construct,
225-10 operate, and maintain a branch office building or a branch jail in
225-11 a municipality other than the county seat in the same manner as the
225-12 court may take those actions at the county seat. The commissioners
225-13 court may finance those actions through the issuance of bonds as
225-14 provided by Subtitles A, C, and D, Title 9, Government Code
225-15 [Chapters 1 and 2, Title 22, Revised Statutes], or through the
225-16 issuance of evidences of indebtedness in the same manner as
225-17 evidences of indebtedness applicable to a courthouse or jail at the
225-18 county seat. Taxes may be levied for the bonds or evidences of
225-19 indebtedness in the same manner and subject to the same limitations
225-20 applicable to a courthouse or jail at the county seat. The
225-21 commissioners court has custody of and shall care for the building.
225-22 SECTION 8.308. Sections 293.051(b) and (c), Local Government
225-23 Code, are amended to read as follows:
225-24 (b) The bonds must:
225-25 (1) be authorized by a board resolution;
225-26 (2) be authorized by an election that is:
225-27 (A) called by a resolution of the board;
226-1 (B) held throughout the authority; and
226-2 (C) called, held, and publicized in the manner
226-3 provided by Chapter 1251, Government Code [1, Title 22, Revised
226-4 Statutes];
226-5 (3) be signed by the board president or vice-president
226-6 and countersigned by the board secretary, either by actual or
226-7 printed facsimile signature;
226-8 (4) include the authority seal;
226-9 (5) mature serially or otherwise in 40 years or less;
226-10 (6) be payable from and secured by a pledge of net
226-11 revenues from ownership or operation of authority property; and
226-12 (7) be sold at a price and under terms that the board
226-13 considers the most advantageous and the most reasonably obtainable.
226-14 (c) The bonds may:
226-15 (1) be secured, in addition to the security prescribed
226-16 in Subsection (b)(6), by a mortgage or deed of trust on authority
226-17 real or personal property;
226-18 (2) bear interest at a rate not to exceed the interest
226-19 rate prescribed by Chapter 1204, Government Code [3, Acts of the
226-20 61st Legislature, Regular Session, 1969 (Article 717k-2, Vernon's
226-21 Texas Civil Statutes)];
226-22 (3) be made callable before maturity at the times and
226-23 prices prescribed in the bond resolution; and
226-24 (4) be made registrable as to principal, interest, or
226-25 both.
226-26 SECTION 8.309. Section 293.055(b), Local Government Code, is
226-27 amended to read as follows:
227-1 (b) The comptroller [of public accounts] may exchange the
227-2 refunding bonds for the outstanding bonds or the authority may sell
227-3 the refunding bonds and apply the proceeds according to Subchapter
227-4 B or C, Chapter 1207, Government Code [Chapter 503, Acts of the
227-5 54th Legislature, 1955 (Article 717k, Vernon's Texas Civil
227-6 Statutes)].
227-7 SECTION 8.310. Section 305.014(c), Local Government Code, is
227-8 amended to read as follows:
227-9 (c) The municipality and county may agree that the
227-10 municipality shall issue a series of coliseum or stadium
227-11 acquisition revenue bonds (or include such purpose as a part of a
227-12 larger series of coliseum or stadium revenue bonds), which revenue
227-13 bonds (or part of a larger series allocable to the purchase) shall
227-14 be delivered to the county in payment of the purchase price for the
227-15 stadium or coliseum. The bonds must be at least payable at the
227-16 times and in the same amounts as and bear not lower than the same
227-17 rates of interest borne by the county's outstanding coliseum or
227-18 stadium bonds so as to provide funds from the revenue bonds to the
227-19 county with which to pay the principal and interest when due on its
227-20 outstanding bonds. The revenue bonds of the municipality may be on
227-21 other terms as the municipality and county agree and may include
227-22 any mortgage security authorized by Subchapter A, Chapter 1504,
227-23 Government Code [Chapter 63, Acts of the 59th Legislature, Regular
227-24 Session, 1965 (Article 1269j-4.1, Vernon's Texas Civil Statutes)].
227-25 On delivery of the bonds to the county, the county shall hold the
227-26 bonds for the account of the interest and sinking fund created in
227-27 connection with its outstanding coliseum or stadium bonds and shall
228-1 use the payments when received to pay the principal and interest on
228-2 its bonds when due.
228-3 SECTION 8.311. Section 305.016, Local Government Code, is
228-4 amended to read as follows:
228-5 Sec. 305.016. MUNICIPAL POWERS. After the delivery of the
228-6 deed, the municipality is the complete and total owner of the
228-7 coliseum or stadium and the related land and facilities conveyed
228-8 and may:
228-9 (1) exercise all the powers with respect to the
228-10 property authorized and implied by Subchapter A, Chapter 1504,
228-11 Government Code [Chapter 63, Acts of the 59th Legislature, Regular
228-12 Session, 1965 (Article 1269j-4.1, Vernon's Texas Civil Statutes)],
228-13 and any other laws applicable to the municipality, for the purpose
228-14 of operating, maintaining, improving, or expanding the coliseum or
228-15 stadium;
228-16 (2) in connection with the financing of the purchase,
228-17 include any indoor or outdoor recreational facilities, properties,
228-18 and entertainment attractions as may be considered by the
228-19 municipality to be appropriate in connection with the coliseum or
228-20 stadium; and
228-21 (3) lease or make operating agreements with respect to
228-22 all or any part of the coliseum or stadium and related land and
228-23 facilities for the periods and on the terms as the municipality may
228-24 determine.
228-25 SECTION 8.312. Section 306.051(h), Local Government Code, is
228-26 amended to read as follows:
228-27 (h) Except as provided by this chapter, Chapter 1502,
229-1 Government Code, applies [Articles 1111-1118, Vernon's Texas Civil
229-2 Statutes, with all additions and amendments as found in Chapter 10,
229-3 Title 28, Vernon's Texas Civil Statutes, apply] to the bonds.
229-4 SECTION 8.313. Section 307.041(b), Local Government Code, is
229-5 amended to read as follows:
229-6 (b) The bonds shall be issued in accordance with Subtitles A
229-7 and C, Title 9, Government Code [Chapter 1, Title 22, Revised
229-8 Statutes]. If bonds for the purposes described by this section
229-9 have been authorized at a previous election in accordance with that
229-10 chapter, the bonds may be issued without an additional election.
229-11 SECTION 8.314. Sections 307.043(c) and (k), Local Government
229-12 Code, are amended to read as follows:
229-13 (c) The bonds shall bear interest at a rate not to exceed
229-14 the maximum net effective interest rate provided by Chapter 1204,
229-15 Government Code [3, Acts of the 61st Legislature, Regular Session,
229-16 1969 (Article 717k-2, Vernon's Texas Civil Statutes)].
229-17 (k) The nature of the pledge of income and encumbrance of
229-18 properties to secure the obligations and the control, management,
229-19 and operation of the properties while any of the obligations remain
229-20 unpaid is subject to and governed by Chapter 1502, Government Code
229-21 [Articles 1111-1118, Vernon's Texas Civil Statutes], in the same
229-22 manner as parks described in Section 1502.051 [Article 1111]. The
229-23 issuance of the bonds does not require an election.
229-24 SECTION 8.315. Section 319.004(a), Local Government Code, is
229-25 amended to read as follows:
229-26 (a) The commissioners court of a county may contract for the
229-27 complete management of, and for the conducting, maintenance, use,
230-1 and operation of, buildings, improvements, and exhibits authorized
230-2 by this chapter or by Subchapter B, Chapter 1473, Government Code
230-3 [Chapter 411, Acts of the 51st Legislature, Regular Session, 1949
230-4 (Article 2372d-2, Vernon's Texas Civil Statutes)].
230-5 SECTION 8.316. Section 319.005, Local Government Code, is
230-6 amended to read as follows:
230-7 Sec. 319.005. REVENUE. The commissioners court of a county
230-8 may use the net revenue derived from the use of a building,
230-9 improvement, or exhibit authorized by this chapter or by Subchapter
230-10 B, Chapter 1473, Government Code [Chapter 411, Acts of the 51st
230-11 Legislature, Regular Session, 1949 (Article 2372d-2, Vernon's Texas
230-12 Civil Statutes)], for the management, operation, maintenance,
230-13 development, improvement, or promotion of activities authorized
230-14 under this chapter or under Subchapter B, Chapter 1473, Government
230-15 Code [Chapter 411, Acts of the 51st Legislature, Regular Session,
230-16 1949 (Article 2372d-2, Vernon's Texas Civil Statutes)], or for any
230-17 other public purpose.
230-18 SECTION 8.317. Section 320.071(f), Local Government Code, is
230-19 amended to read as follows:
230-20 (f) Revenue bonds must mature serially or otherwise in not
230-21 more than 40 years from their date or dates and may be sold by the
230-22 commissioners court at a price and under terms determined by the
230-23 court to be the most advantageous reasonably obtainable. The net
230-24 effective interest rate may not exceed the maximum rate provided by
230-25 Chapter 1204, Government Code [3, Acts of the 61st Legislature,
230-26 Regular Session, 1969 (Article 717k-2, Vernon's Texas Civil
230-27 Statutes)].
231-1 SECTION 8.318. Section 320.072(b), Local Government Code, is
231-2 amended to read as follows:
231-3 (b) The election shall be ordered and held, and notice of
231-4 the election shall be given, as provided by Chapter 1251,
231-5 Government Code [1, Title 22, Revised Statutes], except that the
231-6 ballot shall be printed to provide for voting for or against the
231-7 proposition: "The issuance of $___________ in park revenue bonds
231-8 payable solely from revenues."
231-9 SECTION 8.319. Section 321.071(f), Local Government Code, is
231-10 amended to read as follows:
231-11 (f) The bonds must mature serially or otherwise in not more
231-12 than 40 years and may be sold at a price and under terms determined
231-13 by the county to be the most advantageous reasonably obtainable.
231-14 The net effective interest rate may not exceed the maximum rate
231-15 provided by Chapter 1204, Government Code [3, Acts of the 61st
231-16 Legislature, Regular Session, 1969 (Article 717k-2, Vernon's Texas
231-17 Civil Statutes)].
231-18 SECTION 8.320. Section 322.071(e), Local Government Code, is
231-19 amended to read as follows:
231-20 (e) The bonds must mature serially or otherwise in not more
231-21 than 40 years and may be sold at a price and under terms determined
231-22 by the board to be the most advantageous reasonably obtainable.
231-23 The net effective interest rate may not exceed the maximum rate
231-24 provided by Chapter 1204, Government Code [3, Acts of the 61st
231-25 Legislature, Regular Session, 1969 (Article 717k-2, Vernon's Texas
231-26 Civil Statutes)].
231-27 SECTION 8.321. Section 324.094, Local Government Code, is
232-1 amended to read as follows:
232-2 Sec. 324.094. REFUNDING BONDS. The district may issue
232-3 refunding bonds under Chapter 1207, Government Code [503, Acts of
232-4 the 54th Legislature, 1955 (Article 717k, Vernon's Texas Civil
232-5 Statutes), or Chapter 784, Acts of the 61st Legislature, Regular
232-6 Session, 1969 (Article 717k-3, Vernon's Texas Civil Statutes)].
232-7 SECTION 8.322. Section 324.098(a), Local Government Code, is
232-8 amended to read as follows:
232-9 (a) If funds are not available to pay the principal of or
232-10 interest on bonds issued by the district or to pay other
232-11 obligations of the district, the board may declare an emergency and
232-12 may issue negotiable bond anticipation notes to borrow the money
232-13 needed. The bond anticipation notes may bear interest at a rate
232-14 that does not exceed the maximum rate provided by [provisions of]
232-15 Chapter 1204, Government Code [3, Acts of the 61st Legislature,
232-16 Regular Session, 1969 (Article 717k-2, Vernon's Texas Civil
232-17 Statutes)], and must mature within one year after their date of
232-18 issuance.
232-19 SECTION 8.323. Section 325.090, Local Government Code, is
232-20 amended to read as follows:
232-21 Sec. 325.090. APPLICATION OF OTHER LAWS. Bonds of the
232-22 district are considered public securities [bonds] under Chapter
232-23 1201, Government Code [the Bond Procedures Act of 1981 (Article
232-24 717K-6, Vernon's Texas Civil Statutes)].
232-25 SECTION 8.324. Section 331.004(b), Local Government Code, is
232-26 amended to read as follows:
232-27 (b) The issuance of the bonds and the levy of the taxes
233-1 shall be in accordance with Subtitles A and C, Title 9, Government
233-2 Code [Chapter 1, Title 22, Revised Statutes].
233-3 SECTION 8.325. Section 332.021(b), Local Government Code, is
233-4 amended to read as follows:
233-5 (b) The political subdivisions acting jointly may issue
233-6 bonds and otherwise act under either Subchapter A, Chapter 1504,
233-7 Government Code, or Subchapter C, Chapter 1508, Government Code
233-8 [Chapter 63, Acts of the 59th Legislature, Regular Session, 1965
233-9 (Article 1269j-4.1, Vernon's Texas Civil Statutes), or Chapter 470,
233-10 Acts of the 44th Legislature, 2nd Called Session, 1935 (Article
233-11 1180b, Vernon's Texas Civil Statutes)], for the purposes authorized
233-12 by this section. The political subdivisions may issue the bonds
233-13 and take other joint actions under their agreement by joint
233-14 concurrent ordinances or resolutions.
233-15 SECTION 8.326. Section 334.043(b), Local Government Code, is
233-16 amended to read as follows:
233-17 (b) The bonds or other obligations and the proceedings
233-18 authorizing the bonds or other obligations shall be submitted to
233-19 the attorney general for review and approval as required by Chapter
233-20 1202, Government Code [Article 3, Chapter 53, Acts of the 70th
233-21 Legislature, 2nd Called Session, 1987 (Article 717k-8, Vernon's
233-22 Texas Civil Statutes)].
233-23 SECTION 8.327. Sections 335.073(b) and (f), Local Government
233-24 Code, are amended to read as follows:
233-25 (b) The bonds or other obligations and the proceedings
233-26 authorizing the bonds or other obligations shall be submitted to
233-27 the attorney general for review and approval as required by Chapter
234-1 1202, Government Code [Article 3, Chapter 53, Acts of the 70th
234-2 Legislature, 2nd Called Session, 1987 (Article 717k-8, Vernon's
234-3 Texas Civil Statutes)].
234-4 (f) A district may issue [short term] obligations and enter
234-5 into credit agreements under Chapter 1371, Government Code [656,
234-6 Acts of the 68th Legislature, Regular Session, 1983 (Article 717q,
234-7 Vernon's Texas Civil Statutes)]. For purposes of that chapter
234-8 [Act], a district is a "public utility" and an approved venue
234-9 project is an "eligible project."
234-10 SECTION 8.328. Section 361.052(b), Local Government Code, is
234-11 amended to read as follows:
234-12 (b) Money to be paid pursuant to a lease obligation and
234-13 revenues derived by an entity from the operation of an eligible
234-14 project constitute revenues to an entity that may be pledged to
234-15 secure or pay any obligations, and the entity's obligations may be
234-16 made payable from and secured by, in whole or in part, those
234-17 revenues. An entity may apply the provisions of Chapter 1371,
234-18 Government Code, [(i) Sections 2 through 11 of Chapter 656, Acts of
234-19 the 68th Legislature, Regular Session, 1983 (Article 717q, Vernon's
234-20 Texas Civil Statutes), (ii)] Section 271.052 or [, (iii) Section]
234-21 361.053, or [(iv)] any combination of those laws [the foregoing] to
234-22 the issuance of obligations and the execution of credit agreements
234-23 to satisfy the purposes of this subchapter, except that an entity's
234-24 obligations may be refunded by the issuance of public securities
234-25 [bonds], as defined by Section 1201.002, Government Code [the Bond
234-26 Procedures Act of 1981 (Article 717k-6, Vernon's Texas Civil
234-27 Statutes)], that are payable from a pledge of ad valorem tax
235-1 receipts only if the issuance of the public securities [bonds] is
235-2 approved by a majority of votes cast at an election conducted in
235-3 accordance with the bond election procedures established by Chapter
235-4 1251, Government Code [1, Title 22, Revised Statutes].
235-5 SECTION 8.329. Sections 361.054(a), (b), (f), and (g), Local
235-6 Government Code, are amended to read as follows:
235-7 (a) Obligations issued or lease obligations incurred
235-8 hereunder shall be within the interest rate limitations of Chapter
235-9 1204, Government Code [3, Acts of the 61st Legislature, Regular
235-10 Session, 1969 (Article 717k-2, Vernon's Texas Civil Statutes)].
235-11 (b) From the proceeds from the sale of obligations an entity
235-12 may set aside amounts for payments into the interest and sinking
235-13 fund and reserve funds, and for interest and operating expenses
235-14 during construction and development, as may be specified in the
235-15 authorizing proceedings. Proceeds of obligations and amounts on
235-16 deposit in interest and sinking funds and reserve funds may be
235-17 invested pending their use for the purpose for which issued, in the
235-18 manner described in Chapter 1371, Government Code [656, Acts of the
235-19 68th Legislature, Regular Session, 1983 (Article 717q, Vernon's
235-20 Texas Civil Statutes)].
235-21 (f) Refunding bonds may be issued to refund obligations in
235-22 the manner now or hereafter provided by general law, including,
235-23 without limitation, Chapter 1207, Government Code [503, Acts of the
235-24 54th Legislature, Regular Session, 1955 (Article 717k, Vernon's
235-25 Texas Civil Statutes), and Chapter 784, Acts of the 61st
235-26 Legislature, Regular Session, 1969 (Article 717k-3, Vernon's Texas
235-27 Civil Statutes)].
236-1 (g) The provisions of Chapter 1201, Government Code, [the
236-2 Bond Procedures Act of 1981 (Article 717k-6, Vernon's Texas Civil
236-3 Statutes)] apply to obligations issued or lease obligations
236-4 incurred hereunder, and such obligations shall constitute a
236-5 "security" within the meaning of Chapter 8, Business & Commerce
236-6 Code.
236-7 SECTION 8.330. Section 372.024, Local Government Code, is
236-8 amended to read as follows:
236-9 Sec. 372.024. GENERAL OBLIGATION AND REVENUE BONDS. General
236-10 obligation bonds issued to pay costs under Section 372.023(d) must
236-11 be issued under the provisions of Subtitles A and C, Title 9,
236-12 Government Code [Chapter 1, Title 22, Revised Statutes]. Revenue
236-13 bonds issued to pay costs under that subsection may be issued from
236-14 time to time in one or more series and are to be payable from and
236-15 secured by liens on all or part of the revenue derived from
236-16 improvements authorized under this subchapter, including revenue
236-17 derived from installment payments of special assessments.
236-18 SECTION 8.331. Section 375.121(a), Local Government Code, is
236-19 amended to read as follows:
236-20 (a) Assessments bear interest at a rate specified by the
236-21 board that may not exceed the interest rate permitted by Chapter
236-22 1204, Government Code [3, Acts of the 61st Legislature, Regular
236-23 Session, 1969 (Article 717k-2, Vernon's Texas Civil Statutes)].
236-24 SECTION 8.332. Section 375.202(d), Local Government Code, is
236-25 amended to read as follows:
236-26 (d) Bonds may bear interest and may be issued in accordance
236-27 with Chapters 1201, 1204, and 1371, Government Code, and
237-1 Subchapters A-C, Chapter 1207, Government Code [Chapter 503, Acts
237-2 of the 54th Legislature, Regular Session, 1955 (Article 717k,
237-3 Vernon's Texas Civil Statutes), Chapter 3, Acts of the 61st
237-4 Legislature, Regular Session, 1969 (Article 717k-2, Vernon's Texas
237-5 Civil Statutes), the Bond Procedures Act of 1981 (Article 717k-6,
237-6 Vernon's Texas Civil Statutes), and Chapter 656, Acts of the 68th
237-7 Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
237-8 Civil Statutes)].
237-9 SECTION 8.333. Section 376.019(e), Local Government Code, is
237-10 amended to read as follows:
237-11 (e) Before the district issues bonds, the district shall
237-12 submit the bonds and the record of proceedings of the district
237-13 relating to authorization of the bonds to the attorney general for
237-14 approval as provided by Chapter 1202, Government Code [53, Acts of
237-15 the 70th Legislature, 2nd Called Session, 1987 (Article 717k-8,
237-16 Vernon's Texas Civil Statutes)].
237-17 SECTION 8.334. Section 376.057(e), Local Government Code, is
237-18 amended to read as follows:
237-19 (e) Before the district issues bonds, the district shall
237-20 submit the bonds and the record of proceedings of the district
237-21 relating to authorization of the bonds to the attorney general for
237-22 approval as provided by Chapter 1202, Government Code [53, Acts of
237-23 the 70th Legislature, 2nd Called Session, 1987 (Article 717k-8,
237-24 Vernon's Texas Civil Statutes)].
237-25 SECTION 8.335. Section 376.128(e), Local Government Code, is
237-26 amended to read as follows:
237-27 (e) Before the district issues bonds, the district shall
238-1 submit the bonds and the record of proceedings of the district
238-2 relating to authorization of the bonds to the attorney general for
238-3 approval as provided by Chapter 1202, Government Code [53, Acts of
238-4 the 70th Legislature, 2nd Called Session, 1987 (Article 717k-8,
238-5 Vernon's Texas Civil Statutes)].
238-6 SECTION 8.336. Section 376.228(e), Local Government Code, is
238-7 amended to read as follows:
238-8 (e) Before the district issues bonds, the district shall
238-9 submit the bonds and the record of proceedings of the district
238-10 relating to authorization of the bonds to the attorney general for
238-11 approval as provided by Chapter 1202, Government Code [53, Acts of
238-12 the 70th Legislature, 2nd Called Session, 1987 (Article 717k-8,
238-13 Vernon's Texas Civil Statutes)].
238-14 SECTION 8.337. Section 376.278(e), Local Government Code, is
238-15 amended to read as follows:
238-16 (e) Before the district issues bonds, the district shall
238-17 submit the bonds and the record of proceedings of the district
238-18 relating to authorization of the bonds to the attorney general for
238-19 approval as provided by Chapter 1202, Government Code [53, Acts of
238-20 the 70th Legislature, 2nd Called Session, 1987 (Article 717k-8,
238-21 Vernon's Texas Civil Statutes)].
238-22 SECTION 8.338. Section 376.318(e), Local Government Code, as
238-23 added by Section 1, Chapter 1493, Acts of the 76th Legislature,
238-24 Regular Session, 1999, is amended to read as follows:
238-25 (e) Before the district issues bonds, the district shall
238-26 submit the bonds and the record of proceedings of the district
238-27 relating to authorization of the bonds to the attorney general for
239-1 approval as provided by Chapter 1202, Government Code [53, Acts of
239-2 the 70th Legislature, 2nd Called Session, 1987 (Article 717k-8,
239-3 Vernon's Texas Civil Statutes)].
239-4 SECTION 8.339. Section 377.073(b), Local Government Code, is
239-5 amended to read as follows:
239-6 (b) The bonds or other obligations and the proceedings
239-7 authorizing the bonds or other obligations shall be submitted to
239-8 the attorney general for review and approval as required by Chapter
239-9 1202, Government Code [Article 3, Chapter 53, Acts of the 70th
239-10 Legislature, 2nd Called Session, 1987 (Article 717k-8, Vernon's
239-11 Texas Civil Statutes)].
239-12 SECTION 8.340. Section 384.102(a), Local Government Code, is
239-13 amended to read as follows:
239-14 (a) The district may issue any type of bond for any district
239-15 purpose. A bond may be issued under Chapter 1371, Government Code
239-16 [656, Acts of the 68th Legislature, Regular Session, 1983 (Article
239-17 717q, Vernon's Texas Civil Statutes)].
239-18 SECTION 8.341. Sections 392.066(a) and (d), Local Government
239-19 Code, are amended to read as follows:
239-20 (a) An authority that creates a public facility corporation
239-21 under Chapter 303 [the Public Facility Corporation Act (Article
239-22 717s, Revised Statutes)] may, with or without consideration, for
239-23 the purpose of providing affordable housing or housing assistance,
239-24 enter into an agreement with, make a contribution to, make an
239-25 investment in, enter into a lease or exchange with, or make a
239-26 mortgage or loan to the corporation to:
239-27 (1) acquire, construct, rehabilitate, renovate,
240-1 repair, equip, furnish, or provide assistance to a residential
240-2 development described by Section 394.004 or a housing project; or
240-3 (2) accomplish another public purpose authorized by
240-4 law.
240-5 (d) The powers granted by this section do not affect the
240-6 powers of an authority granted under Chapter 303 [the Public
240-7 Facility Corporation Act (Article 717s, Revised Statutes)].
240-8 SECTION 8.342. Section 392.083(a), Local Government Code, is
240-9 amended to read as follows:
240-10 (a) Bonds issued by an authority may be sold either at a
240-11 public sale after notice is published in accordance with this
240-12 section or at a private sale. Bonds may be sold at the price or
240-13 prices determined by the authority but may not be sold at a price
240-14 that would cause the interest on the bonds to exceed the maximum
240-15 net effective interest rate established by Chapter 1204, Government
240-16 Code [3, Acts of the 61st Legislature, Regular Session, 1969
240-17 (Article 717k-2, Vernon's Texas Civil Statutes)].
240-18 SECTION 8.343. Section 393.010(e), Local Government Code, is
240-19 amended to read as follows:
240-20 (e) The laws relating to elections for the issuance of
240-21 municipal or county bonds as prescribed by Chapter 1251, Government
240-22 Code [Chapters 1 and 2, Title 22, Revised Statutes], apply to an
240-23 election covered by this section unless those laws are inconsistent
240-24 with this section or are superseded by the Election Code.
240-25 SECTION 8.344. Section 394.012(h), Local Government Code, is
240-26 amended to read as follows:
240-27 (h) For the purposes of determining the applicable
241-1 population for Section 1372.026, Government Code [3(b), Chapter
241-2 1092, Acts of the 70th Legislature, Regular Session, 1987 (Article
241-3 5190.9a, Vernon's Texas Civil Statutes)], the joint housing finance
241-4 corporation may only consider areas in its own state planning
241-5 region.
241-6 SECTION 8.345. Section 394.051(a), Local Government Code, is
241-7 amended to read as follows:
241-8 (a) A housing finance corporation may issue its bonds by
241-9 resolution of the board of directors for the purposes prescribed by
241-10 this chapter. The resolution takes effect immediately on adoption.
241-11 The bonds bear interest at a rate authorized by Chapter 1204,
241-12 Government Code [3, Acts of the 61st Legislature, Regular Session,
241-13 1969 (Article 717k-2, Vernon's Texas Civil Statutes)], and are
241-14 subject to the following terms provided by the resolution:
241-15 (1) the time at which the bonds are payable;
241-16 (2) the number of series in which the bonds are
241-17 issued;
241-18 (3) the dates that the bonds bear;
241-19 (4) the time of maturity of the bonds;
241-20 (5) the medium of payment and the place of payment of
241-21 the bonds;
241-22 (6) any registration privileges;
241-23 (7) terms of redemption at certain premiums;
241-24 (8) manner of execution of the bonds;
241-25 (9) covenants and other terms of the bonds; and
241-26 (10) the form of the bonds, either coupon or
241-27 registered.
242-1 SECTION 8.346. Section 402.012(f), Local Government Code, is
242-2 amended to read as follows:
242-3 (f) The governing body of a municipality providing water
242-4 treatment facilities under this section may:
242-5 (1) issue negotiable municipal bonds or warrants for
242-6 that purpose and impose taxes to provide the interest and sinking
242-7 fund for those bonds or warrants in the manner provided by law for
242-8 the issuance of tax supported bonds and warrants by the
242-9 municipality; or
242-10 (2) issue revenue bonds supported by the revenues of
242-11 one or more of the municipal utilities as provided by Chapter 1502,
242-12 Government Code [Article 1111 et seq., Revised Statutes].
242-13 SECTION 8.347. Sections 402.018(c) and (f), Local Government
242-14 Code, are amended to read as follows:
242-15 (c) Contractual payments required solely from municipal
242-16 water system revenue are an operating expense of that system. The
242-17 municipality shall set its rates and charges to users of the
242-18 municipal water system at a level sufficient to pay the maintenance
242-19 and operating expenses of that system as provided by Section
242-20 1502.057, Government Code [Article 1113, Revised Statutes], and to
242-21 provide for payment of principal of and interest on any revenue
242-22 bonds of the municipality payable from water revenue.
242-23 (f) An election under this section shall be held to the
242-24 extent practicable in the same manner as an election for the
242-25 issuance of municipal bonds under Chapter 1251, Government Code [1,
242-26 Title 22, Revised Statutes].
242-27 SECTION 8.348. Section 402.022(h), Local Government Code, is
243-1 amended to read as follows:
243-2 (h) A municipality may pledge its taxing power in a contract
243-3 made under this section if a majority of the qualified voters of
243-4 the municipality who vote on the question at an election vote in
243-5 favor of the proposed contract and the levy of property taxes to
243-6 pay the municipality's obligations to the authority under the
243-7 contract. The election shall be conducted in substantially the
243-8 same manner as a municipal bond election held under Chapter 1251,
243-9 Government Code [1, Title 22, Revised Statutes]. If the voters
243-10 approve the contract and tax levy:
243-11 (1) the municipal governing body shall enact an
243-12 ordinance prescribing the form and substance of the contract and
243-13 directing the proper officers of the municipality to sign it; and
243-14 (2) once the contract has been executed, the
243-15 municipality's obligations to the authority under the contract are
243-16 an obligation of the municipality's taxing power, but may be paid,
243-17 as provided by the contract, from taxes and revenues from which
243-18 payments are required by Subsection (g).
243-19 SECTION 8.349. Section 402.023(h), Local Government Code, is
243-20 amended to read as follows:
243-21 (h) A municipality may pledge its taxing power in a contract
243-22 made under this section if a majority of the qualified voters of
243-23 the municipality who vote on the question at an election vote in
243-24 favor of the proposed contract and the levy of property taxes to
243-25 pay the municipality's obligations to the authority under the
243-26 contract. The election shall be conducted in substantially the
243-27 same manner as a municipal bond election held under Chapter 1251,
244-1 Government Code [1, Title 22, Revised Statutes]. If the voters
244-2 approve the contract and tax levy:
244-3 (1) the municipal governing body shall enact an
244-4 ordinance prescribing the form and substance of the contract and
244-5 directing the proper officers of the municipality to sign it; and
244-6 (2) once the contract has been executed, the
244-7 municipality's obligations to the authority under the contract are
244-8 an obligation of the municipality's taxing power, but may be paid
244-9 as provided by the contract, from taxes and revenues from which
244-10 payments are required by Subsection (f).
244-11 SECTION 8.350. Section 402.051, Local Government Code, is
244-12 amended to read as follows:
244-13 Sec. 402.051. DRAINAGE REVENUE BONDS. By majority vote of
244-14 the governing body, the municipality may issue drainage revenue
244-15 bonds. The municipality may use Chapter 1201, Government Code [the
244-16 Bond Procedures Act of 1981 (Article 717k-6, Vernon's Texas Civil
244-17 Statutes)]. In addition, the municipality may pledge income
244-18 received by contracts for the provision of drainage to other
244-19 governments or governmental subdivisions located inside or outside
244-20 the service area.
244-21 SECTION 8.351. Section 402.903(c), Local Government Code, is
244-22 amended to read as follows:
244-23 (c) If provided in the agreement or contract, the amounts
244-24 required to be paid by the municipality to the district under the
244-25 agreement or contract are an operating expense of the electric
244-26 system, or combined utility system of which the electric system is
244-27 a part, in the manner provided for other operating and maintenance
245-1 expenses of the electric system or combined utility system as
245-2 provided by Section 1502.056, Government Code [Article 1113,
245-3 Revised Statutes].
245-4 SECTION 8.352. Section 51.121(e), Natural Resources Code, is
245-5 amended to read as follows:
245-6 (e) Subject to the provisions of Title 2, Utilities Code,
245-7 any district created by [Article XVI,] Section 59, Article XVI, [of
245-8 the] Texas Constitution, that leases unsold public school or asylum
245-9 land for power generation through the use of renewable energy
245-10 sources, such as wind, solar, or geothermal energy and other
245-11 sustainable sources, or a district participating in a power
245-12 generation project using renewable energy sources which is located
245-13 on unsold public school or asylum lands may distribute and sell
245-14 electric energy generated on public school or asylum lands within
245-15 or without the boundaries of the district and may issue bonds to
245-16 accomplish such purposes pursuant to Chapter 1371, Government Code
245-17 [656, Acts of the 68th Legislature, Regular Session, 1983 (Article
245-18 717q, Vernon's Texas Civil Statutes)], or other applicable law.
245-19 For any such power generation project which is located on both
245-20 public lands and private lands, the district may sell outside its
245-21 boundaries only the pro rata portion of the total amount as is
245-22 generated on the public lands. All electric energy generated
245-23 pursuant to this section shall be sold for resale only to utilities
245-24 authorized to make retail sales under Title 2, Utilities Code, and
245-25 shall be subject to the solicitation process and integrated
245-26 resource planning process authorized by that title.
245-27 SECTION 8.353. Section 62.013(b), Natural Resources Code, is
246-1 amended to read as follows:
246-2 (b) Notice of the election shall be given in the manner
246-3 provided by Chapter 1251, Government Code [1, Title 22, Revised
246-4 Civil Statutes of Texas, 1925, as amended].
246-5 SECTION 8.354. Section 161.074(c), Natural Resources Code,
246-6 is amended to read as follows:
246-7 (c) Unless the board elects otherwise in its approval of a
246-8 bond enhancement agreement, the bond enhancement agreement is not a
246-9 credit agreement for purposes of Chapter 1371, Government Code
246-10 [656, Acts of the 68th Legislature, Regular Session, 1983 (Article
246-11 717q, Vernon's Texas Civil Statutes)], regardless of whether the
246-12 bonds relating to the bond enhancement agreement were issued in
246-13 part under that law.
246-14 SECTION 8.355. Section 161.2111, Natural Resources Code, is
246-15 amended to read as follows:
246-16 Sec. 161.2111. REPORT TO BOND REVIEW BOARD. With respect to
246-17 purchases made under this chapter, the Veterans' Land Board [board]
246-18 shall file semiannually with the Bond Review Board [bond review
246-19 board established under Chapter 1078, Acts of the 70th Legislature,
246-20 Regular Session, 1987 (Article 717k-7, Vernon's Texas Civil
246-21 Statutes),] a report on the performance of loans made by the
246-22 Veterans' Land Board [board] in connection with the purchases. The
246-23 Bond Review Board [bond review board] shall review the reports
246-24 filed by the Veterans' Land Board [board] under this section to
246-25 assess the performance of loans made under this chapter. The
246-26 filing dates and the contents of the reports must comply with any
246-27 rules adopted by the Bond Review Board [bond review board].
247-1 SECTION 8.356. Section 162.003(e), Natural Resources Code,
247-2 is amended to read as follows:
247-3 (e) With respect to loans made under the program, the
247-4 Veterans' Land Board [board] shall file semiannually with the Bond
247-5 Review Board [bond review board established under Chapter 1078,
247-6 Acts of the 70th Legislature, Regular Session, 1987 (Article
247-7 717k-7, Vernon's Texas Civil Statutes),] a report on the
247-8 performance of the loans. The Bond Review Board [bond review
247-9 board] shall review the reports filed by the Veterans' Land Board
247-10 [board] under this subsection to assess the performance of loans
247-11 made under the program. The filing dates and the contents of the
247-12 reports must comply with any rules adopted by the Bond Review Board
247-13 [bond review board].
247-14 SECTION 8.357. Section 162.052(c), Natural Resources Code,
247-15 is amended to read as follows:
247-16 (c) Unless the board elects otherwise in its approval of a
247-17 bond enhancement agreement, the bond enhancement agreement is not a
247-18 credit agreement for purposes of Chapter 1371, Government Code
247-19 [656, Acts of the 68th Legislature, Regular Session, 1983 (Article
247-20 717q, Vernon's Texas Civil Statutes)], regardless of whether the
247-21 bonds relating to the bond enhancement agreement were issued in
247-22 part under that law.
247-23 SECTION 8.358. Section 164.006, Natural Resources Code, is
247-24 amended to read as follows:
247-25 Sec. 164.006. ISSUANCE OF BONDS. For the issuance of bonds
247-26 under this chapter, the board may exercise the authority granted to
247-27 the governing body of an issuer with regard to issuance of
248-1 obligations under Chapter 1371, Government Code [656, Acts of the
248-2 68th Legislature, Regular Session, 1983 (Article 717q, Vernon's
248-3 Texas Civil Statutes)], to the extent that it is not inconsistent
248-4 with this chapter.
248-5 SECTION 8.359. Section 164.010(c), Natural Resources Code,
248-6 is amended to read as follows:
248-7 (c) Unless the board elects otherwise in its approval of a
248-8 bond enhancement agreement, the bond enhancement agreement is not a
248-9 credit agreement for purposes of Chapter 1371, Government Code
248-10 [656, Acts of the 68th Legislature, Regular Session, 1983 (Article
248-11 717q, Vernon's Texas Civil Statutes)], regardless of whether the
248-12 bonds relating to the bond enhancement agreement were issued in
248-13 part under that law.
248-14 SECTION 8.360. Section 164.014, Natural Resources Code, is
248-15 amended to read as follows:
248-16 Sec. 164.014. APPROVAL OF THE ATTORNEY GENERAL. Bonds
248-17 issued under this chapter are subject to review and approval by the
248-18 attorney general in the same manner and with the same effect as
248-19 provided by Chapter 1371, Government Code [656, Acts of the 68th
248-20 Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
248-21 Civil Statutes)].
248-22 SECTION 8.361. Section 221.047(e), Natural Resources Code,
248-23 is amended to read as follows:
248-24 (e) The bond may bear interest and may be issued in
248-25 accordance with:
248-26 (1) Chapters 1201, 1204, and 1371, Government Code; or
248-27 (2) Subchapters A-C, Chapter 1207, Government Code
249-1 [Chapter 503, Acts of the 54th Legislature, 1955 (Article 717k,
249-2 Vernon's Texas Civil Statutes);]
249-3 [(2) Chapter 3, Acts of the 61st Legislature, Regular
249-4 Session, 1969 (Article 717k-2, Vernon's Texas Civil Statutes);]
249-5 [(3) the Bond Procedures Act of 1981 (Article 717k-6,
249-6 Vernon's Texas Civil Statutes); or]
249-7 [(4) Chapter 656, Acts of the 68th Legislature,
249-8 Regular Session, 1983 (Article 717q, Vernon's Texas Civil
249-9 Statutes)].
249-10 SECTION 8.362. Section 13.0045(b), Parks and Wildlife Code,
249-11 is amended to read as follows:
249-12 (b) On receipt of the department's request, the authority
249-13 shall promptly issue the bonds or other obligations under and in
249-14 accordance with Chapter 1232, Government Code [the Texas Public
249-15 Finance Authority Act (Article 601d, Vernon's Texas Civil
249-16 Statutes)].
249-17 SECTION 8.363. Section 21.1061, Parks and Wildlife Code, is
249-18 amended to read as follows:
249-19 Sec. 21.1061. REPORT TO BOND REVIEW BOARD. The commission
249-20 shall file with the Bond Review Board [bond review board
249-21 established under Chapter 1078, Acts of the 70th Legislature,
249-22 Regular Session, 1987 (Article 717k-7, Vernon's Texas Civil
249-23 Statutes),] a report on the performance of the interest and sinking
249-24 fund and the development fund. The [bond review] board shall
249-25 review the reports filed by the commission under this section to
249-26 assess the performance of the funds in repaying bonds issued under
249-27 this chapter. The filing dates and the contents of the reports
250-1 must comply with any rules adopted by the [bond review] board.
250-2 SECTION 8.364. Section 86.014(a), Parks and Wildlife Code,
250-3 is amended to read as follows:
250-4 (a) The commission shall grant to any county, city, or town
250-5 that is authorized under Subchapter A, Chapter 421, Local
250-6 Government Code [Title 118, Revised Civil Statutes of Texas, 1925],
250-7 to build and maintain seawalls a permit for the taking of marl,
250-8 sand, gravel, shell, or mudshell to be used for the building,
250-9 extending, protecting, maintaining, or improving any seawall,
250-10 breakwater, levee, dike, floodway, or drainway.
250-11 SECTION 8.365. Section 351.102(a), Tax Code, is amended to
250-12 read as follows:
250-13 (a) Subject to the limitations provided by this subchapter,
250-14 a municipality may pledge the revenue derived from the tax imposed
250-15 under this chapter for the payment of bonds that are issued under
250-16 Section 1504.002(a), Government Code [3, Chapter 63, Acts of the
250-17 59th Legislature, Regular Session, 1965 (Article 1269j-4.1,
250-18 Vernon's Texas Civil Statutes)], for one or more of the purposes
250-19 provided by Section 351.101 or, in the case of a municipality of
250-20 1,500,000 or more, for the payment of principal of or interest on
250-21 bonds or other obligations of a municipally sponsored local
250-22 government corporation created under Chapter 431, Transportation
250-23 Code, that were issued to pay the cost of the acquisition and
250-24 construction of a convention center hotel or the cost of
250-25 acquisition, remodeling, or rehabilitation of a historic hotel
250-26 structure; provided, however, such pledge may only be that portion
250-27 of the tax collected at such hotel.
251-1 SECTION 8.366. Section 351.104(a), Tax Code, is amended to
251-2 read as follows:
251-3 (a) Subject to the limitation provided by Subsection (b) and
251-4 Section 351.102, an eligible municipality may pledge to the payment
251-5 of revenue bonds and revenue refunding bonds issued under
251-6 Subchapter A, Chapter 1504, Government Code [Chapter 63, Acts of
251-7 the 59th Legislature, Regular Session, 1965], all or any portion of
251-8 the revenue derived from the municipal [municipality] hotel
251-9 occupancy tax and all or any portion of any other revenue of the
251-10 municipality as the governing body may determine in the ordinance
251-11 authorizing the issuance of the bonds.
251-12 SECTION 8.367. Sections 351.105(a) and (g), Tax Code, are
251-13 amended to read as follows:
251-14 (a) An eligible coastal municipality that levies and
251-15 collects an occupancy tax authorized by this chapter at a rate of
251-16 seven percent shall pledge a portion of the revenue equal to at
251-17 least one percent of the cost of a room to either or both of the
251-18 following purposes:
251-19 (1) the payment of the bonds that the municipality or
251-20 a park board of trustees may issue under Section 1504.002(a),
251-21 Government Code [3, Chapter 63, Acts of the 59th Legislature,
251-22 Regular Session, 1965 (Article 1269j-4.1, Vernon's Texas Civil
251-23 Statutes)], or under Chapter 306, Local Government Code, in order
251-24 to provide all or part of the funds for the establishment,
251-25 acquisition, purchase, construction, improvement, enlargement,
251-26 equipment, or repair of public improvements, including parks, civic
251-27 centers, civic center buildings, auditoriums, exhibition halls,
252-1 coliseums, marinas, cruise ship terminal facilities, hotels,
252-2 motels, parking facilities, golf courses, trolley or trolley
252-3 transportation systems, and other facilities as may be considered
252-4 advisable in connection with these facilities that serve the
252-5 purpose of attracting visitors and tourists to the municipality; or
252-6 (2) the maintenance, improvement, or operation of the
252-7 parks, civic centers, civic center buildings, auditoriums,
252-8 exhibition halls, coliseums, marinas, cruise ship terminal
252-9 facilities, hotels, motels, parking facilities, golf courses,
252-10 trolley or trolley transportation systems, and other facilities as
252-11 may be considered advisable in connection with these facilities
252-12 that serve the purpose of attracting visitors and tourists to the
252-13 municipality.
252-14 (g) The following statutes prevail over any conflicting
252-15 provision in the charter of an eligible coastal municipality:
252-16 (1) this section;
252-17 (2) Chapter 306, Local Government Code; and
252-18 (3) Subchapter A, Chapter 1504, Government Code
252-19 [Chapter 63, Acts of the 59th Legislature, Regular Session, 1965
252-20 (Article 1269j-4.1, Vernon's Texas Civil Statutes)].
252-21 SECTION 8.368. Section 351.106(a), Tax Code, is amended to
252-22 read as follows:
252-23 (a) A municipality that has a population of one million or
252-24 more and that has adopted a council-manager form of government
252-25 shall use the amount of revenue from the tax that is derived from
252-26 the application of the tax at a rate of more than four percent of
252-27 the cost of a room as follows:
253-1 (1) no more than 55 percent to:
253-2 (A) constructing, improving, enlarging,
253-3 equipping, and repairing the municipality's convention center
253-4 complex; or
253-5 (B) pledging payment of revenue bonds and
253-6 revenue refunding bonds issued under Subchapter A, Chapter 1504,
253-7 Government Code [Chapter 63, Acts of the 59th Legislature, Regular
253-8 Session, 1965 (Article 1269j-4.1, Vernon's Texas Civil Statutes)],
253-9 for the municipality's convention center complex; and
253-10 (2) at least 45 percent for the purposes provided by
253-11 Section 351.101(a)(3).
253-12 SECTION 8.369. Section 351.1065(a), Tax Code, is amended to
253-13 read as follows:
253-14 (a) An eligible central municipality shall use the amount of
253-15 revenue from the tax that is derived from the application of the
253-16 tax at a rate of more than seven percent of the cost of a room only
253-17 for:
253-18 (1) the construction of an expansion of an existing
253-19 convention center facility; and
253-20 (2) pledging payment of revenue bonds and revenue
253-21 refunding bonds issued under Subchapter A, Chapter 1504, Government
253-22 Code [Chapter 63, Acts of the 59th Legislature, Regular Session,
253-23 1965 (Article 1269j-4.1, Vernon's Texas Civil Statutes)], for the
253-24 construction of the expansion.
253-25 SECTION 8.370. Section 352.104, Tax Code, is amended to read
253-26 as follows:
253-27 Sec. 352.104. PLEDGE FOR BONDS. A county may pledge the
254-1 revenue derived from the tax imposed under this chapter for the
254-2 payment of bonds that are issued by the county under Section
254-3 1477.303, Government Code [3, Article I, Chapter 796, Acts of the
254-4 67th Legislature, Regular Session, 1981 (Article 2372d-8, Vernon's
254-5 Texas Civil Statutes)], for one or more of the purposes provided by
254-6 Section 352.101.
254-7 SECTION 8.371. Section 22.052(b), Transportation Code, is
254-8 amended to read as follows:
254-9 (b) For a purpose described by Subsection (a), a local
254-10 government, in the manner provided by Subtitles A, C, D, and E,
254-11 Title 9, Government Code [Title 22, Revised Statutes], may:
254-12 (1) issue any form of secured or unsecured bonds,
254-13 including general or special obligation bonds, revenue bonds, or
254-14 refunding bonds; and
254-15 (2) impose taxes to provide for the interest and
254-16 sinking funds of any bonds issued.
254-17 SECTION 8.372. Section 22.0781(d), Transportation Code, is
254-18 amended to read as follows:
254-19 (d) A constituent agency may use revenue received under an
254-20 agreement under this section for one or more of the following:
254-21 (1) the acquisition, construction, improvement, and
254-22 renovation of any public work, including land, buildings,
254-23 materials, supplies, equipment, furnishings, and machinery;
254-24 (2) to secure and pledge in support of the payment of
254-25 bonds or other obligations issued by or on behalf of the
254-26 constituent agency after the effective date of the agreement for
254-27 any purpose for which the constituent agency, or an entity created
255-1 by the constituent agency to act on its behalf, may issue bonds or
255-2 obligations; and
255-3 (3) to pay the cost of a credit agreement, as defined
255-4 by Section 1371.001, Government Code [1, Chapter 656, Acts of the
255-5 68th Legislature, Regular Session, 1983 (Article 717q, Vernon's
255-6 Texas Civil Statutes)].
255-7 SECTION 8.373. Section 222.075(c), Transportation Code, is
255-8 amended to read as follows:
255-9 (c) Notwithstanding any other provision of this section, the
255-10 following laws apply to bonds issued by the commission:
255-11 (1) Chapters 1201, 1202, 1204, 1231, and 1371,
255-12 Government Code; and
255-13 (2) Subchapters A-C, Chapter 1207, Government Code
255-14 [Chapter 503, Acts of the 54th Legislature, 1955 (Article 717k,
255-15 Vernon's Texas Civil Statutes);]
255-16 [(2) Chapter 3, Acts of the 61st Legislature, Regular
255-17 Session, 1969 (Article 717k-2, Vernon's Texas Civil Statutes);]
255-18 [(3) the Bond Procedures Act of 1981 (Article 717k-6,
255-19 Vernon's Texas Civil Statutes);]
255-20 [(4) Chapter 1078, Acts of the 70th Legislature,
255-21 Regular Session, 1987 (Article 717k-7, Vernon's Texas Civil
255-22 Statutes);]
255-23 [(5) Article 3, Chapter 53, Acts of the 70th
255-24 Legislature, 2nd Called Session, 1987 (Article 717k-8, Vernon's
255-25 Texas Civil Statutes); and]
255-26 [(6) Chapter 656, Acts of the 68th Legislature,
255-27 Regular Session, 1983 (Article 717q, Vernon's Texas Civil
256-1 Statutes)].
256-2 SECTION 8.374. Sections 256.051(a) and (b), Transportation
256-3 Code, are amended to read as follows:
256-4 (a) In each year in which bonds issued under Chapter 1471,
256-5 Government Code [Article 726, Revised Statutes], are outstanding,
256-6 the county, precinct, or road district that issued the bonds shall
256-7 impose taxes in an amount sufficient to pay the principal of and
256-8 interest on the bonds.
256-9 (b) The taxes shall be imposed in the manner provided by
256-10 Sections 51.502 through 51.506, Water Code. A reference in Chapter
256-11 257 [of this code] or in Chapter 1471, Government Code [Article
256-12 726, Revised Statutes], to ad valorem taxes applies to a tax levied
256-13 by the commissioners court under this section on a basis other than
256-14 the ad valorem basis.
256-15 SECTION 8.375. Section 256.054(g), Transportation Code, is
256-16 amended to read as follows:
256-17 (g) The commissioners court of a county that adopts a tax as
256-18 provided by this section may issue negotiable county bonds or
256-19 county time warrants for the construction or improvement of
256-20 farm-to-market and lateral roads or the construction of permanent
256-21 improvements for flood control purposes if the bonds or warrants
256-22 are authorized by a majority of the votes received in an election
256-23 ordered by the commissioners court. The commissioners court shall
256-24 submit each proposition separately at the election. The
256-25 commissioners court shall issue the bonds or warrants and impose
256-26 the taxes for those bonds or warrants as provided by Subtitles A
256-27 and C, Title 9, Government Code [Chapter 1, Title 22, Revised
257-1 Statutes].
257-2 SECTION 8.376. Section 257.001, Transportation Code, is
257-3 amended to read as follows:
257-4 Sec. 257.001. ROAD DISTRICT OR PRECINCT OPERATING UNDER ROAD
257-5 BOND LAW DESIGNATED BODY CORPORATE; POWER TO SUE AND BE SUED. (a)
257-6 A county commissioners precinct or justice precinct operating under
257-7 Chapter 1471, Government Code [Article 726, Revised Statutes], or a
257-8 road district is a body corporate and may sue or be sued in the
257-9 same manner as a county.
257-10 (b) A commissioners precinct or justice precinct operating
257-11 under Chapter 1471, Government Code [Article 726, Revised
257-12 Statutes], or a road district may not be held liable for a tort
257-13 except as provided by Chapter 101, Civil Practice and Remedies
257-14 Code.
257-15 SECTION 8.377. Section 257.002(a), Transportation Code, is
257-16 amended to read as follows:
257-17 (a) A county commissioner is the ex officio road
257-18 superintendent with power to enter into a contract in an amount
257-19 that is not more than $50 on behalf of:
257-20 (1) a road district located in the commissioner's
257-21 precinct;
257-22 (2) a justice precinct operating under Chapter 1471,
257-23 Government Code [Article 726, Revised Statutes], and located in the
257-24 commissioner's precinct; or
257-25 (3) the commissioner's precinct if it is operating
257-26 under Chapter 1471, Government Code [Article 726, Revised
257-27 Statutes].
258-1 SECTION 8.378. Sections 257.021(c) and (d), Transportation
258-2 Code, are amended to read as follows:
258-3 (c) Before establishing a road district under this section,
258-4 the commissioners court shall conduct a public hearing on the
258-5 matter. Notice of the hearing shall be given in the manner
258-6 provided for notice of an election by Section 1471.018, Government
258-7 Code [2.006, Article 726, Revised Statutes].
258-8 (d) The establishment of a defined road district or the
258-9 issuance of road district bonds in a county with outstanding
258-10 countywide road bonds is not prevented by this chapter or
258-11 Subchapters A-C, Chapter 1471, Government Code [Part 2, Article
258-12 726, Revised Statutes].
258-13 SECTION 8.379. Section 257.022(a), Transportation Code, is
258-14 amended to read as follows:
258-15 (a) The commissioners court by order may abolish a road
258-16 district after a public hearing on the matter if:
258-17 (1) the road district has no outstanding public
258-18 securities [bonds], as that term is defined by Section 1201.002,
258-19 Government Code [the Bond Procedures Act of 1981 (Article 717k-6,
258-20 Vernon's Texas Civil Statutes)]; or
258-21 (2) all the public securities [bonds] of the district
258-22 have been assumed and exchanged for county bonds under Subchapter
258-23 D, Chapter 1471, Government Code [Part 3, Article 726, Revised
258-24 Statutes].
258-25 SECTION 8.380. Section 257.023(b), Transportation Code, is
258-26 amended to read as follows:
258-27 (b) Except as specifically permitted by Sections 1471.086
259-1 and 1471.087, Government Code [3.004 and 3.005, Article 726,
259-2 Revised Statutes], a road district may not contain a fractional
259-3 part of a preexisting road district.
259-4 SECTION 8.381. Section 257.111(b), Transportation Code, is
259-5 amended to read as follows:
259-6 (b) A district may purchase or take over a road under
259-7 Subsection (a) only in the manner provided by Subchapter D, Chapter
259-8 1471, Government Code [Part 3, Article 726, Revised Statutes],
259-9 except that a petition is not required to be filed.
259-10 SECTION 8.382. Section 257.113(d), Transportation Code, is
259-11 amended to read as follows:
259-12 (d) If the proposition provides for the road district to
259-13 purchase or take over improved roads constructed by an included
259-14 county or another road district included in the road district, the
259-15 election order must conform to the requirements of Section
259-16 1471.081, Government Code [3.001, Article 726, Revised Statutes].
259-17 SECTION 8.383. Section 257.114(c), Transportation Code, is
259-18 amended to read as follows:
259-19 (c) All other proceedings relating to the question submitted
259-20 must be in accordance with the provisions of Chapter 1471,
259-21 Government Code [Parts 2 and 3, Article 726, Revised Statutes],
259-22 that apply to county road bond elections.
259-23 SECTION 8.384. Section 257.119(c), Transportation Code, is
259-24 amended to read as follows:
259-25 (c) The commissioners courts shall sell some or all of the
259-26 bonds at that joint meeting at a price permitted by Chapter 1204,
259-27 Government Code [3, Acts of the 61st Legislature, Regular Session,
260-1 1969 (Article 717k-2, Vernon's Texas Civil Statutes)]. The
260-2 purchase money shall be deposited with the road district's
260-3 treasurer or depository to the credit of the available road fund of
260-4 the road district.
260-5 SECTION 8.385. Section 257.122, Transportation Code, is
260-6 amended to read as follows:
260-7 Sec. 257.122. INTEREST RATE AND MATURITY OF BONDS. Bonds
260-8 issued under this subchapter shall mature not later than the 40th
260-9 anniversary of the date of their issuance and shall bear interest
260-10 at a rate not to exceed that provided by Chapter 1204, Government
260-11 Code [3, Acts of the 61st Legislature, Regular Session, 1969
260-12 (Article 717k-2, Vernon's Texas Civil Statutes)].
260-13 SECTION 8.386. Section 361.172(b), Transportation Code, is
260-14 amended to read as follows:
260-15 (b) Notwithstanding any other provisions of this chapter,
260-16 the following laws apply to bonds issued by the authority:
260-17 (1) Chapters 1201, 1202, 1204, and 1371, Government
260-18 Code; and
260-19 (2) Subchapters A-C, Chapter 1207, Government Code
260-20 [Chapter 503, Acts of the 54th Legislature, 1955 (Article 717k,
260-21 Vernon's Texas Civil Statutes);]
260-22 [(2) Chapter 3, Acts of the 61st Legislature, Regular
260-23 Session, 1969 (Article 717k-2, Vernon's Texas Civil Statutes);]
260-24 [(3) the Bond Procedures Act of 1981 (Article 717k-6,
260-25 Vernon's Texas Civil Statutes);]
260-26 [(4) Article 3, Chapter 53, Acts of the 70th
260-27 Legislature, 2nd Called Session, 1987 (Article 717k-8, Vernon's
261-1 Texas Civil Statutes); and]
261-2 [(5) Chapter 656, Acts of the 68th Legislature,
261-3 Regular Session, 1983 (Article 717q, Vernon's Texas Civil
261-4 Statutes)].
261-5 SECTION 8.387. Section 361.238(a), Transportation Code, is
261-6 amended to read as follows:
261-7 (a) Except as provided by Subsection (b), a turnpike project
261-8 becomes a toll-free highway when:
261-9 (1) the bonds issued under this chapter for the
261-10 project and the interest on the bonds are paid; or
261-11 (2) firm banking and financial arrangements have been
261-12 made for the discharge and final payment or redemption of the bonds
261-13 in accordance with Section 1207.033, Government Code [7A, Chapter
261-14 503, Acts of the 54th Legislature, 1955 (Article 717k, Vernon's
261-15 Texas Civil Statutes)].
261-16 SECTION 8.388. Sections 362.003(a) and (c), Transportation
261-17 Code, are amended to read as follows:
261-18 (a) This chapter is cumulative of all laws affecting the
261-19 issuance of bonds by local governmental entities, particularly, but
261-20 not by way of limitation, provisions of Chapters 1201 and 1371,
261-21 Government Code, and Subchapters A-C, Chapter 1207, Government Code
261-22 [Chapter 503, Acts of the 54th Legislature, 1955 (Article 717k,
261-23 Vernon's Texas Civil Statutes), the Bond Procedures Act of 1981
261-24 (Article 717k-6, Vernon's Texas Civil Statutes), and Chapter 656,
261-25 Acts of the 68th Legislature, Regular Session, 1983 (Article 717q,
261-26 Vernon's Texas Civil Statutes)], are applicable to and apply to all
261-27 bonds issued under [to] this chapter, regardless of any
262-1 classification of any such local governmental entities thereunder;
262-2 provided, however, in the event of any conflict between such laws
262-3 and this chapter, the provisions of this chapter prevail.
262-4 (c) This chapter is cumulative of all laws affecting the
262-5 authority, and the authority is authorized to enter into all
262-6 agreements necessary or convenient to effectuate the purposes of
262-7 this chapter. Particularly, but not by way of limitation, the
262-8 provisions of Chapters 1201 and 1371, Government Code, and
262-9 Subchapters A-C, Chapter 1207, Government Code [Chapter 503, Acts
262-10 of the 54th Legislature, 1955 (Article 717k, Vernon's Texas Civil
262-11 Statutes), the Bond Procedures Act of 1981 (Article 717k-6,
262-12 Vernon's Texas Civil Statutes), Chapter 656, Acts of the 68th
262-13 Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
262-14 Civil Statutes)], and Chapter 361 are applicable to the bonds
262-15 issued by the authority under this chapter.
262-16 SECTION 8.389. Section 362.007(e), Transportation Code, is
262-17 amended to read as follows:
262-18 (e) Any election required to permit action under this
262-19 subchapter must be held in conformance with Chapter 1251,
262-20 Government Code [1, Title 22, Revised Statutes], or other law
262-21 applicable to the local governmental entity.
262-22 SECTION 8.390. Section 365.031, Transportation Code, is
262-23 amended to read as follows:
262-24 Sec. 365.031. AUTHORITY TO ISSUE BONDS. A district may
262-25 issue bonds to finance a toll road project:
262-26 (1) to the extent and for the purpose a county may pay
262-27 the cost of a project under Chapter 284; and
263-1 (2) as provided by Chapter 1371, Government Code [656,
263-2 Acts of the 68th Legislature, Regular Session, 1983 (Article 717q,
263-3 Vernon's Texas Civil Statutes)].
263-4 SECTION 8.391. Section 365.036(a), Transportation Code, is
263-5 amended to read as follows:
263-6 (a) A district may issue refunding bonds to refund its bonds
263-7 under this chapter as provided by Chapter 1371, Government Code
263-8 [656, Acts of the 68th Legislature, Regular Session, 1983 (Article
263-9 717q, Vernon's Texas Civil Statutes)], and Chapter 441.
263-10 SECTION 8.392. Section 366.118, Transportation Code, is
263-11 amended to read as follows:
263-12 Sec. 366.118. APPLICABILITY OF OTHER LAW; CONFLICTS. All
263-13 laws affecting the issuance of bonds by local governmental
263-14 entities, including Chapters 1201, 1202, 1204, and 1371, Government
263-15 Code [Chapter 656, Acts of the 68th Legislature, Regular Session,
263-16 1983 (Article 717q, Vernon's Texas Civil Statutes), Chapter 3, Acts
263-17 of the 61st Legislature, Regular Session, 1969 (Article 717k-2,
263-18 Vernon's Texas Civil Statutes), the Bond Procedures Act of 1981
263-19 (Article 717k-6, Vernon's Texas Civil Statutes), and Chapter 53,
263-20 Acts of the 70th Legislature, 2nd Called Session, 1987 (Article
263-21 717k-8, Vernon's Texas Civil Statutes)], apply to bonds issued
263-22 under this chapter. To the extent of a conflict between those laws
263-23 and this chapter, the provisions of this chapter prevail.
263-24 SECTION 8.393. Section 366.303(e), Transportation Code, is
263-25 amended to read as follows:
263-26 (e) Any election required to permit action under this
263-27 subchapter must be held in conformity with Chapter 1251, Government
264-1 Code [1, Title 22, Revised Statutes], or other law applicable to
264-2 the local governmental entity.
264-3 SECTION 8.394. Section 431.070(b), Transportation Code, is
264-4 amended to read as follows:
264-5 (b) The bonds and notes may be issued under any power or
264-6 authority available to the corporation, including Chapter 1201,
264-7 Government Code [the Bond Procedures Act of 1981 (Article 717k-6,
264-8 Vernon's Texas Civil Statutes)].
264-9 SECTION 8.395. Section 451.359, Transportation Code, is
264-10 amended to read as follows:
264-11 Sec. 451.359. REFUNDING BONDS. An authority may issue
264-12 refunding bonds for the purposes and in the manner authorized by
264-13 general law, including Chapter 1207, Government Code [503, Acts of
264-14 the 54th Legislature, Regular Session, 1955 (Article 717k, Vernon's
264-15 Texas Civil Statutes) and Chapter 784, Acts of the 61st
264-16 Legislature, Regular Session, 1969 (Article 717k-3, Vernon's Texas
264-17 Civil Statutes)].
264-18 SECTION 8.396. Section 452.359, Transportation Code, is
264-19 amended to read as follows:
264-20 Sec. 452.359. REFUNDING BONDS. An authority may issue
264-21 refunding bonds for the purposes and in the manner authorized by
264-22 general law, including Chapter 1207, Government Code [503, Acts of
264-23 the 54th Legislature, Regular Session, 1955 (Article 717k, Vernon's
264-24 Texas Civil Statutes), and Chapter 784, Acts of the 61st
264-25 Legislature, Regular Session, 1969 (Article 717k-3, Vernon's Texas
264-26 Civil Statutes)].
264-27 SECTION 8.397. Section 453.309, Transportation Code, is
265-1 amended to read as follows:
265-2 Sec. 453.309. REFUNDING BONDS. A transit department may
265-3 issue refunding bonds for the purposes and in the manner authorized
265-4 by Chapter 1207, Government Code [503, Acts of the 54th
265-5 Legislature, Regular Session, 1955 (Article 717k, Vernon's Texas
265-6 Civil Statutes), Chapter 784, Acts of the 61st Legislature, Regular
265-7 Session, 1969 (Article 717k-3, Vernon's Texas Civil Statutes)], or
265-8 other law.
265-9 SECTION 8.398. Section 454.024(a), Transportation Code, is
265-10 amended to read as follows:
265-11 (a) If a petition meeting the requirements of Section
265-12 454.023 is filed:
265-13 (1) the governing body of the municipality shall hold
265-14 an election on the question as provided by Chapter 1251, Government
265-15 Code [1, Title 22, Revised Statutes]; and
265-16 (2) the bonds or notes may not be issued unless a
265-17 majority of the votes received at the election favor the question.
265-18 SECTION 8.399. Section 457.258, Transportation Code, is
265-19 amended to read as follows:
265-20 Sec. 457.258. REFUNDING BONDS. An authority may issue
265-21 refunding bonds for the purposes and in the manner authorized by
265-22 Chapter 1207, Government Code [503, Acts of the 54th Legislature,
265-23 1955 (Article 717k, Vernon's Texas Civil Statutes), Chapter 784,
265-24 Acts of the 61st Legislature, Regular Session, 1969 (Article
265-25 717k-3, Vernon's Texas Civil Statutes)], or other law.
265-26 SECTION 8.400. Sections 32.053(a), (b), (g), and (h),
265-27 Utilities Code, are amended to read as follows:
266-1 (a) This section applies only to a corporation that:
266-2 (1) sells electricity exclusively at wholesale, and
266-3 not to ultimate consumers;
266-4 (2) is authorized by Chapter 152, Water Code [245,
266-5 Acts of the 67th Legislature, Regular Session, 1981 (Article 717p,
266-6 Vernon's Texas Civil Statutes)]; and
266-7 (3) acts on behalf of a river authority.
266-8 (b) Notwithstanding a river authority's enabling legislation
266-9 or Chapter 152, Water Code [245, Acts of the 67th Legislature,
266-10 Regular Session, 1981 (Article 717p, Vernon's Texas Civil
266-11 Statutes)], a corporation may:
266-12 (1) acquire, finance, construct, rebuild, repower,
266-13 operate, or sell a facility directly related to the generation of
266-14 electricity;
266-15 (2) sell, at wholesale only, the output of the
266-16 facility to a purchaser, other than an ultimate consumer, at any
266-17 location in this state; and
266-18 (3) purchase and sell electricity, at wholesale only,
266-19 to a purchaser, other than an ultimate consumer, at any location in
266-20 this state.
266-21 (g) Notwithstanding any other law, the board of directors of
266-22 a river authority may sell, lease, loan, or otherwise transfer
266-23 some, all, or substantially all of the electric generation property
266-24 of the river authority to a nonprofit corporation authorized under
266-25 this section or Chapter 152, Water Code [245, Acts of the 67th
266-26 Legislature, Regular Session, 1981 (Article 717p, Vernon's Texas
266-27 Civil Statutes)]. The property transfer shall be made under terms
267-1 and conditions approved by the board of directors of the river
267-2 authority.
267-3 (h) Subsections (a)-(f) do not apply to a corporation
267-4 created under Chapter 152, Water Code [245, Acts of the 67th
267-5 Legislature, Regular Session, 1981 (Article 717p, Vernon's Texas
267-6 Civil Statutes)], to serve an area described in Section 32.052.
267-7 SECTION 8.401. Sections 40.001(b)-(d), Utilities Code, are
267-8 amended to read as follows:
267-9 (b) Except as specifically provided in this subsection,
267-10 Chapter 39 does not apply to a river authority operating a steam
267-11 generating plant on or before January 1, 1999, or a corporation
267-12 authorized by Chapter 152, Water Code [245, Acts of the 67th
267-13 Legislature, Regular Session, 1981 (Article 717p, Vernon's Texas
267-14 Civil Statutes)], or Section 32.053. A river authority operating a
267-15 steam generating plant on or before January 1, 1999, is subject to
267-16 Sections 39.051(a)-(c), 39.108, 39.155, 39.157(e), and 39.203.
267-17 (c) For purposes of Section 39.051, hydroelectric assets may
267-18 not be deemed to be generating assets, and the transfer of
267-19 generating assets to a corporation authorized by Chapter 152, Water
267-20 Code [245, Acts of the 67th Legislature, Regular Session, 1981
267-21 (Article 717p, Vernon's Texas Civil Statutes)], satisfies the
267-22 requirements of Section 39.051.
267-23 (d) Accommodation shall be made in the code of conduct
267-24 established under Section 39.157(e) for the provisions of Chapter
267-25 152, Water Code [245, Acts of the 67th Legislature, Regular
267-26 Session, 1981 (Article 717p, Vernon's Texas Civil Statutes)], and
267-27 the commission may not prohibit a river authority and any related
268-1 corporation from sharing officers, directors, employees, equipment,
268-2 and facilities or from providing goods or services to each other at
268-3 cost without the need for a competitive bid.
268-4 SECTION 8.402. Section 40.002, Utilities Code, is amended to
268-5 read as follows:
268-6 Sec. 40.002. DEFINITION. For purposes of this chapter,
268-7 "body vested with the power to manage and operate a municipally
268-8 owned utility" means [shall mean] a body created in accordance with
268-9 Section 1502.070, Government Code, or Subchapter G, Chapter 402,
268-10 Local Government Code [Article 1115 or 1115a, Revised Statutes], or
268-11 by municipal charter.
268-12 SECTION 8.403. Section 40.003(c), Utilities Code, is amended
268-13 to read as follows:
268-14 (c) Bonds issued under the authority conferred by
268-15 Subsections (a)(1) and (2) and Subsection (b) may be issued in the
268-16 form and manner, with or without credit enhancement or liquidity
268-17 enhancement and using the procedures as provided in Chapter 1201,
268-18 Government Code, [the Bond Procedures Act of 1981 (Article 717k-6,
268-19 Vernon's Texas Civil Statutes)] or other laws applicable to the
268-20 issuance of bonds, including Subchapters A-C, Chapter 1207,
268-21 Government Code, and Chapter 1371, Government Code [Chapter 656,
268-22 Acts of the 68th Legislature, Regular Session, 1983 (Article 717q,
268-23 Vernon's Texas Civil Statutes), Chapter 503, Acts of the 54th
268-24 Legislature, Regular Session, 1955 (Article 717k, Vernon's Texas
268-25 Civil Statutes), and Chapter 642, Acts of the 65th Legislature,
268-26 Regular Session, 1977 (Article 1118n-12, Vernon's Texas Civil
268-27 Statutes)], as if those laws were fully restated in this section
269-1 and made a part of this section for all purposes, and a
269-2 municipality or river authority shall have the right and authority
269-3 to use those other laws, notwithstanding any applicable
269-4 restrictions contained in those laws, to the extent convenient or
269-5 necessary to carry out any power or authority, express or implied,
269-6 granted under this section, in the issuance of bonds by a
269-7 municipality or river authority in connection with securitization
269-8 financing. This section is wholly sufficient authority for the
269-9 issuance of bonds, notes, or other obligations, including refunding
269-10 bonds, and the performance of the other authorized acts and
269-11 procedures, without reference to any other laws or any restrictions
269-12 or limitations contained in those laws. To the extent of any
269-13 conflict or inconsistency between the provisions of this
269-14 authorization and any provisions of any other law or home-rule
269-15 charter, the authorization and power to issue bonds conferred on
269-16 municipalities or river authorities under this section shall
269-17 prevail and control.
269-18 SECTION 8.404. Section 163.058(c), Utilities Code, is
269-19 amended to read as follows:
269-20 (c) Notice of an election under this section shall be given
269-21 in accordance with Section 1251.003, Government Code [Article 704,
269-22 Revised Statutes]. The election shall be called and held in
269-23 accordance with:
269-24 (1) the Election Code;
269-25 (2) Chapter 1251, Government Code [1, Title 22,
269-26 Revised Statutes]; and
269-27 (3) this subchapter.
270-1 SECTION 8.405. Section 164.006, Utilities Code, is amended
270-2 to read as follows:
270-3 Sec. 164.006. CONSTRUCTION WITH OTHER LAWS. To provide full
270-4 authority for the execution of an agreement under this chapter,
270-5 this chapter applies to a municipality as if this chapter were
270-6 originally contained in Chapter 1501 or 1502, Government Code, or
270-7 Chapter 402, Local Government Code [10, Title 28, Revised
270-8 Statutes]. This chapter prevails over any charter provision or
270-9 general or special law.
270-10 SECTION 8.406. Section 17.029, Water Code, is amended to
270-11 read as follows:
270-12 Sec. 17.029. REFUNDING BONDS. The board may provide by
270-13 resolution for the issuance of refunding bonds to refund
270-14 outstanding bonds issued under this chapter and their accrued
270-15 interest. The board may sell the refunding bonds and use the
270-16 proceeds to retire the outstanding bonds issued under this chapter,
270-17 exchange the refunding bonds for the outstanding bonds, or refund
270-18 the bonds in the manner provided by any other applicable statute,
270-19 including Chapter 1207, Government Code [503, Acts of the 54th
270-20 Legislature, 1955 (Article 717k, Vernon's Texas Civil Statutes),
270-21 and Chapter 784, Acts of the 61st Legislature, Regular Session,
270-22 1969 (Article 717k-3, Vernon's Texas Civil Statutes)].
270-23 SECTION 8.407. Section 17.035(b), Water Code, is amended to
270-24 read as follows:
270-25 (b) In addition to other authority granted by this
270-26 subchapter, the board may exercise the authority granted to the
270-27 governing body of an issuer with regard to issuance of obligations
271-1 under Chapter 1371, Government Code [656, Acts of the 68th
271-2 Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
271-3 Civil Statutes)].
271-4 SECTION 8.408. Section 17.179(d), Water Code, is amended to
271-5 read as follows:
271-6 (d) With respect to projects for which financial assistance
271-7 is made available under this chapter, the Texas Water Development
271-8 Board [board] shall file semiannually with the Bond Review Board
271-9 [bond review board established under Chapter 1078, Acts of the 70th
271-10 Legislature, Regular Session, 1987 (Article 717k-7, Vernon's Texas
271-11 Civil Statutes),] a report on the performance of loans made by the
271-12 Texas Water Development Board [board] in connection with the
271-13 projects. The Bond Review Board [bond review board] shall review
271-14 the reports filed by the Texas Water Development Board [board]
271-15 under this subsection to assess the adequacy of the security for
271-16 the bonds purchased. The filing dates and the contents of the
271-17 reports must comply with any rules adopted by the Bond Review Board
271-18 [bond review board].
271-19 SECTION 8.409. Section 17.188(b), Water Code, is amended to
271-20 read as follows:
271-21 (b) Notwithstanding the provisions of [Article 1112, Revised
271-22 Statutes, or] any [other] general or special law or charter
271-23 provisions to the contrary, a political subdivision may authorize,
271-24 issue, and sell its revenue bonds as provided by this section and
271-25 create any encumbrance in connection with those bonds by a majority
271-26 vote of the governing body of the political subdivision without the
271-27 necessity of an election.
272-1 SECTION 8.410. Section 17.884, Water Code, is amended to
272-2 read as follows:
272-3 Sec. 17.884. APPROVAL OF ATTORNEY GENERAL. The proceedings
272-4 relating to the bonds issued under this subchapter are subject to
272-5 review and approval by the attorney general in the same manner and
272-6 with the same effects as provided by Chapter 1371, Government Code
272-7 [656, Acts of the 68th Legislature, Regular Session, 1983 (Article
272-8 717q, Vernon's Texas Civil Statutes)].
272-9 SECTION 8.411. Section 17.887(b), Water Code, is amended to
272-10 read as follows:
272-11 (b) The board may sell the refunding bonds and use the
272-12 proceeds to retire the outstanding bonds issued under this chapter,
272-13 exchange the refunding bonds for the outstanding bonds, or refund
272-14 the bonds in the manner provided by any other applicable statute,
272-15 including Chapter 1207, Government Code [503, Acts of the 54th
272-16 Legislature, 1955 (Article 717k, Vernon's Texas Civil Statutes),
272-17 and Chapter 784, Acts of the 61st Legislature, Regular Session,
272-18 1969 (Article 717k-3, Vernon's Texas Civil Statutes)].
272-19 SECTION 8.412. Section 17.893(b), Water Code, is amended to
272-20 read as follows:
272-21 (b) In addition to other authority granted by this
272-22 subchapter, the board may exercise the powers granted to the
272-23 governing body of an issuer with regard to issuance of obligations
272-24 under Chapter 1371, Government Code [656, Acts of the 68th
272-25 Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
272-26 Civil Statutes)].
272-27 SECTION 8.413. Section 17.962(b), Water Code, is amended to
273-1 read as follows:
273-2 (b) The proceedings relating to the water financial
273-3 assistance bonds issued under this subchapter are subject to review
273-4 and approval by the attorney general in the same manner and with
273-5 the same effect as provided by Chapter 1371, Government Code [656,
273-6 Acts of the 68th Legislature, Regular Session, 1983 (Article 717q,
273-7 Vernon's Texas Civil Statutes)].
273-8 SECTION 8.414. Section 17.967(b), Water Code, is amended to
273-9 read as follows:
273-10 (b) The board may sell the refunding water financial
273-11 assistance bonds and use the proceeds to retire any of the
273-12 outstanding obligations described in Subsection (a), exchange the
273-13 refunding water financial assistance bonds for the outstanding
273-14 bonds or water financial assistance bonds, or refund any of the
273-15 outstanding obligations described in Subsection (a) in the manner
273-16 provided by any other applicable statute, including Chapter 1207,
273-17 Government Code [503, Acts of the 54th Legislature, 1955 (Article
273-18 717k, Vernon's Texas Civil Statutes), and Chapter 784, Acts of the
273-19 61st Legislature, Regular Session, 1969 (Article 717k-3, Vernon's
273-20 Texas Civil Statutes)].
273-21 SECTION 8.415. Section 17.971(b), Water Code, is amended to
273-22 read as follows:
273-23 (b) In addition to other authority granted by this
273-24 subchapter, the board may exercise the authority granted to the
273-25 governing body of an issuer with regard to the issuance of
273-26 obligations under Chapter 1371, Government Code [656, Acts of the
273-27 68th Legislature, Regular Session, 1983 (Article 717q, Vernon's
274-1 Texas Civil Statutes)].
274-2 SECTION 8.416. Section 20.101, Water Code, is amended to
274-3 read as follows:
274-4 Sec. 20.101. ISSUANCE OF BONDS. For the issuance of bonds
274-5 under this chapter, the board may exercise the authority granted to
274-6 the governing body of an issuer with regard to issuance of
274-7 obligations under Chapter 1371, Government Code [656, Acts of the
274-8 68th Legislature, Regular Session, 1983 (Article 717q, Vernon's
274-9 Texas Civil Statutes)], to the extent that it is not inconsistent
274-10 with this chapter.
274-11 SECTION 8.417. Section 20.102(c), Water Code, is amended to
274-12 read as follows:
274-13 (c) The bonds may bear interest at a rate or rates
274-14 determined in accordance with the resolution or order authorizing
274-15 the issuance of the bonds but not to exceed the net effective
274-16 interest rate authorized by Chapter 1204, Government Code [3, Acts
274-17 of the 61st Legislature, Regular Session, 1969 (Article 717k-2,
274-18 Vernon's Texas Civil Statutes)].
274-19 SECTION 8.418. Section 20.110, Water Code, is amended to
274-20 read as follows:
274-21 Sec. 20.110. APPROVAL OF ATTORNEY GENERAL. The bonds issued
274-22 under this chapter are subject to review and approval by the
274-23 attorney general in the same manner and with the same effect as
274-24 provided by Chapter 1371, Government Code [656, Acts of the 68th
274-25 Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
274-26 Civil Statutes)].
274-27 SECTION 8.419. Section 30.030(c), Water Code, is amended to
275-1 read as follows:
275-2 (c) If a public agency having taxing power holds an election
275-3 substantially according to the applicable provisions of Chapter
275-4 1251, Government Code [1, Title 22, Revised Civil Statutes of
275-5 Texas, 1925, as amended], relating to the issuance of bonds by
275-6 cities and it is determined that the public agency is authorized to
275-7 levy an ad valorem tax to make all or part of the payments under a
275-8 contract with a district, then the contract is an obligation
275-9 against the taxing power of the public agency to the extent
275-10 authorized, and payments under the contract may be payable from and
275-11 constitute solely an obligation against the taxing powers of the
275-12 city or may be payable both from taxes and from revenue prescribed
275-13 in the contract. Otherwise, neither the district nor the holders
275-14 of the district's bonds are entitled to demand payment of the
275-15 public agency's obligation out of any tax revenue.
275-16 SECTION 8.420. Section 30.058(a), Water Code, is amended to
275-17 read as follows:
275-18 (a) Instead of or in addition to obtaining the approval of
275-19 the attorney general, the district may have the bonds validated by
275-20 suit in the district court as provided in Chapter 1205, Government
275-21 Code [316, Acts of the 56th Legislature, Regular Session, 1959
275-22 (Article 717m, Vernon's Texas Civil Statutes)].
275-23 SECTION 8.421. Sections 49.183(d) and (e), Water Code, are
275-24 amended to read as follows:
275-25 (d) A district's bonds are negotiable instruments within the
275-26 meaning and purposes of the Business & Commerce Code. A district's
275-27 bonds may be issued and bear interest in accordance with Chapters
276-1 1201, 1204, and 1371, Government Code, and Subchapters A-C, Chapter
276-2 1207, Government Code [Chapter 503, Acts of the 54th Legislature,
276-3 1955 (Article 717k, Vernon's Texas Civil Statutes); Chapter 3, Acts
276-4 of the 61st Legislature, Regular Session, 1969 (Article 717k-2,
276-5 Vernon's Texas Civil Statutes); the Bond Procedures Act of 1981
276-6 (Article 717k-6, Vernon's Texas Civil Statutes); and Chapter 656,
276-7 Acts of the 68th Legislature, Regular Session, 1983 (Article 717q,
276-8 Vernon's Texas Civil Statutes)]. Except for this subsection, this
276-9 section does not apply to special water authorities or districts
276-10 described in Section 49.181(h)(4).
276-11 (e) Subsections (a) and (b) do not apply to district bonds
276-12 issued pursuant to Chapter 1371, Government Code [656, Acts of the
276-13 68th Legislature, Regular Session, 1983 (Article 717q, Vernon's
276-14 Texas Civil Statutes)].
276-15 SECTION 8.422. Sections 66.316 and 66.320, Water Code, are
276-16 amended to read as follows:
276-17 Sec. 66.316. REFUNDING BONDS. Refunding bonds may be issued
276-18 for the purposes and in the manner provided by general law
276-19 including Chapter 1207, Government Code [503, Acts of the 54th
276-20 Legislature, Regular Session, 1955 (Article 717k, Vernon's Texas
276-21 Civil Statutes), and Chapter 784, Acts of the 61st Legislature,
276-22 Regular Session, 1969 (Article 717k-3, Vernon's Texas Civil
276-23 Statutes)].
276-24 Sec. 66.320. APPLICATION OF OTHER LAWS. Bonds of the
276-25 district are considered public securities [bonds] under Chapter
276-26 1201, Government Code [the Bond Procedures Act of 1981 (Article
276-27 717k-6, Vernon's Texas Civil Statutes)].
277-1 ARTICLE 9. OTHER CHANGES RELATING TO
277-2 GOVERNMENT CODE
277-3 SECTION 9.001. (a) The heading to Subchapter G, Chapter 24,
277-4 Government Code, is repealed because of the prior repeal of the law
277-5 contained in that subchapter by Chapter 646, Acts of the 71st
277-6 Legislature, Regular Session, 1989.
277-7 (b) Sections 25.00261, 25.00262, 25.00263, 25.00264,
277-8 25.00265, and 25.00266, Government Code, are repealed because they
277-9 are identical to Sections 25.0027, 25.0028, 25.0029, 25.0030,
277-10 25.0031, and 25.0032, Government Code, as added by Chapter 394,
277-11 Acts of the 72nd Legislature, Regular Session, 1991, respectively.
277-12 (c) Sections 25.0031 and 25.0032, Government Code, as added
277-13 by Chapter 148, Acts of the 70th Legislature, Regular Session,
277-14 1987, are renumbered as Sections 25.0041 and 25.0042, Government
277-15 Code, respectively.
277-16 (d) Subsection (i), Section 25.0595, Government Code, as
277-17 amended by Chapters 394 and 746, Acts of the 72nd Legislature,
277-18 Regular Session, 1991, is reenacted to read as follows:
277-19 (i) Section 25.0027 does not apply to a statutory probate
277-20 court in Dallas County.
277-21 (e) Subsection (j), Section 25.2512, Government Code, is
277-22 repealed because it duplicates Subsection (g) of that section.
277-23 (f) Section 25.2651(b), Government Code, is amended to read
277-24 as follows:
277-25 (b) Except for Sections 25.0009, 25.0010(b), 25.0011,
277-26 25.0030(b) [25.00264(b)], and 25.0031 [25.00265], Subchapters A and
277-27 B apply to a statutory probate court composed of more than one
278-1 county.
278-2 (g) Section 40.062, Human Resources Code, is amended to read
278-3 as follows:
278-4 Sec. 40.062. EXEMPTION FROM CERTAIN COSTS AND FEES. The
278-5 department is not required to pay any cost or fee otherwise imposed
278-6 for court proceedings, including a:
278-7 (1) filing fee or fee for issuance or service of
278-8 process imposed by Section 110.002, Family Code, or by Section
278-9 51.317, 51.318(b)(2), or 51.319, Government Code;
278-10 (2) transfer fee imposed by Section 110.002 or
278-11 110.005, Family Code;
278-12 (3) court reporter fee imposed by Section 51.601,
278-13 Government Code;
278-14 (4) judicial fund fee imposed by Sections 51.701 and
278-15 51.702, Government Code;
278-16 (5) judge's fee imposed by Section 25.0008[,
278-17 25.00263,] or 25.0029, Government Code; or
278-18 (6) cost or security fee imposed by Section 12 or 622,
278-19 Probate Code.
278-20 SECTION 9.0011. Section 25.00255(k), Government Code, is
278-21 amended to correct a reference to read as follows:
278-22 (k) A party may file a motion for sanctions alleging that
278-23 another party in the case filed a motion for the recusal or
278-24 disqualification of a judge solely to delay the case and without
278-25 sufficient cause. The presiding judge or the judge assigned by the
278-26 presiding judge to hear the motion for recusal may approve a motion
278-27 for sanctions authorized by Rule 215.2(b) [215(2)(b)], Texas Rules
279-1 of Civil Procedure.
279-2 SECTION 9.002. Section 323.017, Government Code, is amended
279-3 to read as follows:
279-4 Sec. 323.017. CONFIDENTIAL COMMUNICATIONS. Communications,
279-5 including conversations, correspondence, and electronic
279-6 communications, between a member of the legislature or the
279-7 lieutenant governor and an assistant or employee of the council
279-8 that relate to a request by the official for information, advice,
279-9 or opinions from an assistant or employee of the council are
279-10 confidential. Information, advice, and opinions given privately by
279-11 an assistant or employee of the council to a member of the
279-12 legislature, or the lieutenant governor, acting in the person's
279-13 [his] official capacity, are confidential. However, the member or
279-14 lieutenant governor may choose to disclose all or a part of the
279-15 communications, information, advice, or opinions to which this
279-16 section [subsection] applies, and such a disclosure does not
279-17 violate the law of this state.
279-18 SECTION 9.003. Section 402.0212(c), Government Code, is
279-19 amended to correct a reference to read as follows:
279-20 (c) This section shall not apply to the Texas Turnpike
279-21 Authority division of the Texas Department of Transportation.
279-22 SECTION 9.004. Section 403.028(a), Government Code, as
279-23 amended by Chapters 1289, 1290, and 1541, Acts of the 76th
279-24 Legislature, Regular Session, 1999, is reenacted to read as
279-25 follows:
279-26 (a) The comptroller, in consultation with the state
279-27 auditor's office, shall conduct a study each biennium to determine:
280-1 (1) the number and type of potential fraudulent claims
280-2 for medical or health care benefits submitted:
280-3 (A) under the state Medicaid program, including
280-4 the Medicaid managed care program implemented under Chapter 533; or
280-5 (B) by or on behalf of a state employee and
280-6 administered by the attorney general under Chapter 501, Labor Code;
280-7 and
280-8 (2) the need for changes to the eligibility system
280-9 used under the state Medicaid program.
280-10 SECTION 9.005. (a) Section 403.302(h), Government Code, as
280-11 added by Section 1, Chapter 1525, Acts of the 76th Legislature,
280-12 Regular Session, 1999, is redesignated as Section 403.302(i),
280-13 Government Code, and amended to conform to Section 403.302(d),
280-14 Government Code, as amended by Section 1.36, Chapter 396, Acts of
280-15 the 76th Legislature, Regular Session, 1999, to read as follows:
280-16 (i) [(h)] If the comptroller determines in the annual study
280-17 that the market value of property in a school district as
280-18 determined by the appraisal district that appraises property for
280-19 the school district, less the total of the amounts and values
280-20 listed in Subsection (d) as determined by that appraisal district,
280-21 is valid, the comptroller, in determining the taxable value of
280-22 property in the school district under Subsection (d), shall for
280-23 purposes of Subsection (d)(12) [(d)(11)] subtract from the market
280-24 value as determined by the appraisal district of residence
280-25 homesteads to which Section 23.23, Tax Code, applies the amount by
280-26 which that amount exceeds the appraised value of those properties
280-27 as calculated by the appraisal district under Section 23.23, Tax
281-1 Code. If the comptroller determines in the annual study that the
281-2 market value of property in a school district as determined by the
281-3 appraisal district that appraises property for the school district,
281-4 less the total of the amounts and values listed in Subsection (d)
281-5 as determined by that appraisal district, is not valid, the
281-6 comptroller, in determining the taxable value of property in the
281-7 school district under Subsection (d), shall for purposes of
281-8 Subsection (d)(12) [(d)(11)] subtract from the market value as
281-9 estimated by the comptroller of residence homesteads to which
281-10 Section 23.23, Tax Code, applies the amount by which that amount
281-11 exceeds the appraised value of those properties as calculated by
281-12 the appraisal district under Section 23.23, Tax Code.
281-13 (b) Section 403.302(h), Government Code, as amended by
281-14 Section 1.36, Chapter 396, Acts of the 76th Legislature, Regular
281-15 Session, 1999, is redesignated as Section 403.302(j), Government
281-16 Code, and amended to read as follows:
281-17 (j) [(h)] For purposes of Section 42.2511, Education Code,
281-18 the comptroller shall certify to the commissioner of education:
281-19 (1) a final value for each school district computed on
281-20 a residence homestead exemption under Section 1-b(c), Article VIII,
281-21 Texas Constitution, of $5,000; and
281-22 (2) a final value for each school district computed
281-23 on:
281-24 (A) a residence homestead exemption under
281-25 Section 1-b(c), Article VIII, Texas Constitution, of $15,000; and
281-26 (B) the effect of the additional limitation on
281-27 tax increases under Section 1-b(d), Article VIII, Texas
282-1 Constitution[, as proposed by H.J.R. No. 4, 75th Legislature,
282-2 Regular Session, 1997].
282-3 (c) Section 403.302(j), Government Code, as added by Section
282-4 1.36, Chapter 396, Acts of the 76th Legislature, Regular Session,
282-5 1999, is redesignated as Section 403.302(k), Government Code.
282-6 SECTION 9.006. Section 493.002(a), Government Code, as
282-7 amended by Chapters 490 and 1360, Acts of the 75th Legislature,
282-8 Regular Session, 1997, is amended to properly number subdivisions
282-9 to read as follows:
282-10 (a) The following divisions are within the department:
282-11 (1) the community justice assistance division;
282-12 (2) the institutional division;
282-13 (3) the pardons and paroles division;
282-14 (4) the state jail division; [and]
282-15 (5) the internal audit division; and
282-16 (6) [(5)] the programs and services division.
282-17 SECTION 9.007. Section 531.001(4), Government Code, as
282-18 amended by Chapters 7 and 1460, Acts of the 76th Legislature,
282-19 Regular Session, 1999, is amended to properly letter paragraphs to
282-20 read as follows:
282-21 (4) "Health and human services agencies" includes the:
282-22 (A) Interagency Council on Early Childhood
282-23 Intervention;
282-24 (B) Texas Department on Aging;
282-25 (C) Texas Commission on Alcohol and Drug Abuse;
282-26 (D) Texas Commission for the Blind;
282-27 (E) Texas Commission for the Deaf and Hard of
283-1 Hearing;
283-2 (F) Texas Department of Health;
283-3 (G) Texas Department of Human Services;
283-4 (H) Texas Juvenile Probation Commission;
283-5 (I) Texas Department of Mental Health and Mental
283-6 Retardation;
283-7 (J) Texas Rehabilitation Commission;
283-8 (K) Department of Protective and Regulatory
283-9 Services; [and]
283-10 (L) Children's Trust Fund of Texas Council; and
283-11 (M) [(L)] Texas Health Care Information Council.
283-12 SECTION 9.008. (a) Section 552.274, Government Code, is
283-13 amended to codify Sections 1-3, Chapter 428, Acts of the 73rd
283-14 Legislature, Regular Session, 1993, to read as follows:
283-15 Sec. 552.274. REPORTS [REPORT] BY GENERAL SERVICES
283-16 COMMISSION AND STATE AGENCIES [AGENCY] ON COST OF COPIES. (a) The
283-17 General Services Commission shall:
283-18 (1) biennially update a report prepared by the
283-19 commission about the charges made by state agencies for providing
283-20 copies of public information; and
283-21 (2) provide a copy of the updated report to each state
283-22 agency not later than March 1 of each even-numbered year.
283-23 (b) Not later than December 1 of each odd-numbered year,
283-24 each state agency shall provide the General Services Commission
283-25 detailed information, for use by the commission in preparing the
283-26 report required by Subsection (a) [Sections 2(c) and (d), Chapter
283-27 428, Acts of the 73rd Legislature, Regular Session, 1993],
284-1 describing the agency's procedures for charging and collecting fees
284-2 for providing copies of public information.
284-3 (c) Before the 30th day after the date on which a regular
284-4 session of the legislature convenes, each state agency shall issue
284-5 a report that describes that agency's procedures for charging and
284-6 collecting fees for providing copies of public information.
284-7 (d) [(b)] In this section, "state agency" has the meaning
284-8 assigned by Sections 2151.002(2)(A) and (C).
284-9 (b) Sections 1-4, Chapter 428, Acts of the 73rd Legislature,
284-10 Regular Session, 1993, are repealed.
284-11 SECTION 9.009. Section 602.002, Government Code, as amended
284-12 by Chapters 325, 638, and 653, Acts of the 76th Legislature,
284-13 Regular Session, 1999, is reenacted and amended to read as follows:
284-14 Sec. 602.002. OATH MADE IN TEXAS. An oath made in this
284-15 state may be administered and a certificate of the fact given by:
284-16 (1) a judge or a clerk of a municipal court, in a
284-17 matter pertaining to a duty of the court;
284-18 (2) a judge, clerk, or commissioner of a court of
284-19 record;
284-20 (3) a justice of the peace or a clerk of a justice
284-21 court;
284-22 (4) a notary public;
284-23 (5) a member of a board or commission created by a law
284-24 of this state, in a matter pertaining to a duty of the board or
284-25 commission;
284-26 (6) a person employed by the Texas Ethics Commission
284-27 who has a duty related to a report required by Title 15, Election
285-1 Code, in a matter pertaining to that duty;
285-2 (7) a county tax assessor-collector or an employee of
285-3 the county tax assessor-collector if the oath relates to a document
285-4 that is required or authorized to be filed in the office of the
285-5 county tax assessor-collector;
285-6 (8) the secretary of state;
285-7 (9) the lieutenant governor;
285-8 (10) the speaker of the house of representatives;
285-9 (11) the governor;
285-10 (12) the secretary or clerk of a municipality in a
285-11 matter pertaining to the official business of the municipality; or
285-12 (13) a peace officer described by Article 2.12, Code
285-13 of Criminal Procedure, if:
285-14 (A) the oath is administered when the officer is
285-15 engaged in the performance of the officer's duties; and
285-16 (B) the administration of the oath relates to
285-17 the officer's duties.
285-18 SECTION 9.010. (a) Subchapter C, Chapter 2204, Government
285-19 Code, is amended to codify Chapter 306, Acts of the 57th
285-20 Legislature, Regular Session, 1961 (Article 5244a-3, Vernon's Texas
285-21 Civil Statutes), to read as follows:
285-22 SUBCHAPTER C. CONVEYANCE OF STATE HIGHWAY LAND TO UNITED STATES
285-23 FOR CERTAIN [MILITARY] PURPOSES
285-24 Sec. 2204.201. APPLICATION OF SUBCHAPTER. This subchapter
285-25 applies only to land or an interest in land owned by this state
285-26 that is under the control of the Texas Department of
285-27 Transportation.
286-1 Sec. 2204.202. CONVEYANCE TO UNITED STATES FOR MILITARY
286-2 PURPOSES. [(a)] The governor, on the recommendation of the Texas
286-3 Transportation Commission or on the request of the United States
286-4 supported by the recommendation of the Texas Transportation
286-5 Commission, may convey to the United States an easement or other
286-6 interest in land that:
286-7 (1) is located near a federally owned or operated
286-8 military installation or facility; and
286-9 (2) may be necessary for the construction, operation,
286-10 and maintenance of the military installation or facility.
286-11 Sec. 2204.203. CONVEYANCE TO UNITED STATES FOR CIVIL WORKS
286-12 PROJECT. (a) In this section, "civil works project" means a flood
286-13 control project, river and harbor improvement project, water
286-14 conservation project, or other civil works project constructed or
286-15 to be constructed by the United States.
286-16 (b) The governor, on the recommendation of the Texas
286-17 Transportation Commission or on the request of the United States
286-18 supported by the recommendation of the Texas Transportation
286-19 Commission, may convey to the United States or any governmental
286-20 subdivision or agency of this state that is cooperating with the
286-21 United States in a civil works project an easement or other
286-22 interest in land that may be necessary for the construction,
286-23 operation, and maintenance of the civil works project.
286-24 Sec. 2204.204. CONSIDERATION FOR CONVEYANCE. A [(b) The]
286-25 conveyance under this subchapter may be made without monetary
286-26 consideration or for a consideration determined by the Texas
286-27 Transportation Commission.
287-1 Sec. 2204.205 [2204.203]. FEE SIMPLE NOT OWNED BY STATE.
287-2 For land for which the fee simple title is not vested in this state
287-3 and for which the owner of the fee executes an easement to the
287-4 United States for the purposes provided by Section 2204.202 or
287-5 2204.203 [2204.202(a)], the governor on the recommendation of the
287-6 Texas Transportation Commission may join in and assent to the
287-7 easement by the same or a separate instrument.
287-8 (b) Chapter 2204, Government Code, is amended to codify
287-9 Chapter 66, Acts of the 41st Legislature, 1st Called Session, 1929
287-10 (Article 5248a, Vernon's Texas Civil Statutes), Chapter 393, Acts
287-11 of the 45th Legislature, Regular Session, 1937 (Article 5248b,
287-12 Vernon's Texas Civil Statutes), and Chapter 3, page 546, Special
287-13 Laws, Acts of the 46th Legislature, Regular Session, 1939 (Article
287-14 5248d, Vernon's Texas Civil Statutes), by adding Subchapters G and
287-15 H to read as follows:
287-16 SUBCHAPTER G. CONVEYANCE OF EASEMENT TO UNITED STATES
287-17 FOR LOUISIANA AND TEXAS INTRACOASTAL WATERWAY
287-18 Sec. 2204.601. CONVEYANCE TO UNITED STATES. (a) The state
287-19 conveys to the United States an easement to construct and maintain
287-20 the Louisiana and Texas Intracoastal Waterway over and through the
287-21 following described areas:
287-22 (1) the disconnected portions of the stream beds of
287-23 Mud Bayou and East Bay Bayou from approximately Station 1519 to
287-24 approximately Station 1914 as shown on United States Engineer
287-25 Department map, "Louisiana and Texas Intra-Coastal Waterway, Sabine
287-26 River-Galveston Bay Section, Survey of 1926-7, Sheet No. 12, File
287-27 16-2-16," the portions of the stream beds of Mud Bayou and East Bay
288-1 Bayou covered by this easement being 300 feet wide and located in
288-2 Chambers and Galveston counties where the intracoastal waterway
288-3 intersects the meanderings of the bayous; and
288-4 (2) the disconnected portions of bays and any tidal
288-5 lands owned by the state within an area 300 feet in width extending
288-6 from the Galveston-Brazoria County line to the nine-foot contour in
288-7 Aransas Bay along the route of the projected Louisiana and Texas
288-8 Intracoastal Waterway as shown in red on the map, in four sheets,
288-9 prepared by the United States Engineer Office, Galveston, Texas,
288-10 entitled "Louisiana and Texas Intracoastal Waterway, Survey of
288-11 1927-1928," Index Sheets Nos. 1, 2, 3, and 4, File No. 16-4-4, the
288-12 portions of bays and tidal lands being located in Brazoria,
288-13 Matagorda, Calhoun, and Aransas counties.
288-14 (b) The state conveys to the United States an easement to
288-15 deposit dredged material during the construction and maintenance of
288-16 the Louisiana and Texas Intracoastal Waterway in bays and on tidal
288-17 lands owned by the state within 2,000 feet of the area described by
288-18 Subsection (a)(2).
288-19 Sec. 2204.602. REVERSION TO STATE ON FAILURE TO MAINTAIN. If
288-20 the United States fails at any time to maintain or have maintained
288-21 the Louisiana and Texas Intracoastal Waterway, the easement granted
288-22 under Section 2204.601 terminates and reverts to the state.
288-23 Sec. 2204.603. PROPERTY RIGHTS NOT AFFECTED. This subchapter
288-24 does not affect or impair:
288-25 (1) a person's vested right; or
288-26 (2) the right of a person to use and maintain a bridge
288-27 in existence on May 17, 1929, on or across Mud Bayou or East Bay
289-1 Bayou.
289-2 SUBCHAPTER H. CONVEYANCE TO UNITED STATES OF AREA IN
289-3 NUECES COUNTY NAVIGATION DISTRICT FOR MILITARY PURPOSES
289-4 Sec. 2204.701. GRANT OF EASEMENT TO UNITED STATES. The state
289-5 conveys to the United States an easement in an area three square
289-6 miles or larger, or of different form, in the Nueces County
289-7 Navigation District, in Nueces Bay, Nueces County, Texas, as
289-8 designated by the United States, to erect and maintain a fort,
289-9 military station or camp, magazine, arsenal, dockyard, barracks,
289-10 lighthouse, naval yard, naval base, naval air base, naval air
289-11 station, channel, approach for battleships, or any other necessary
289-12 military purpose.
289-13 Sec. 2204.702. CONVEYANCE OF LAND TO UNITED STATES. On
289-14 demand from the United States, the governor shall convey to the
289-15 United States the area described by Section 2204.701 for a purpose
289-16 described by Section 2204.701.
289-17 Sec. 2204.703. LIMITATION ON CONVEYANCE. A conveyance under
289-18 this subchapter is subject to the limitations described by Sections
289-19 2204.101-2204.103, Government Code, and Sections 61.115-61.117,
289-20 Water Code.
289-21 Sec. 2204.704. MINERAL RESERVATION REQUIRED. A grant of an
289-22 easement under this subchapter must reserve to the state all
289-23 minerals, including oil and gas.
289-24 Sec. 2204.705. REVERSION TO STATE ON NONUSE. If the United
289-25 States no longer uses the area described by Section 2204.701 for a
289-26 purpose described by Section 2204.701 or fails to maintain or to
289-27 have maintained at any time the facilities described by Section
290-1 2204.701, the easement granted under this subchapter terminates and
290-2 reverts to the state.
290-3 (c) The following laws are repealed:
290-4 (1) Chapter 306, Acts of the 57th Legislature, Regular
290-5 Session, 1961 (Article 5244a-3, Vernon's Texas Civil Statutes);
290-6 (2) Chapter 66, Acts of the 41st Legislature, 1st
290-7 Called Session, 1929 (Article 5248a, Vernon's Texas Civil
290-8 Statutes);
290-9 (3) Chapter 393, Acts of the 45th Legislature, Regular
290-10 Session, 1937 (Article 5248b, Vernon's Texas Civil Statutes); and
290-11 (4) Chapter 3, page 546, Special Laws, Acts of the
290-12 46th Legislature, Regular Session, 1939 (Article 5248d, Vernon's
290-13 Texas Civil Statutes).
290-14 SECTION 9.011. Section 2252.004, Government Code, is amended
290-15 to correct a reference to read as follows:
290-16 Sec. 2252.004. CONTRACT INVOLVING FEDERAL FUNDS. This
290-17 subchapter [chapter] does not apply to a contract involving federal
290-18 funds.
290-19 SECTION 9.012. Section 2252.033, Government Code, is amended
290-20 to correct a reference to read as follows:
290-21 Sec. 2252.033. EXEMPTIONS. This subchapter [chapter] does
290-22 not apply to:
290-23 (1) a public works contract executed before August 31,
290-24 1981;
290-25 (2) a public works contract in which the total
290-26 contract price estimate at the time of execution of the contract is
290-27 less than $400,000; or
291-1 (3) a public works contract made by the Texas
291-2 Department of Transportation under Subchapter A, Chapter 223,
291-3 Transportation Code.
291-4 SECTION 9.013. (a) Chapter 2252, Government Code, is amended
291-5 to codify Sections 1-5, Chapter 881, Acts of the 73rd Legislature,
291-6 Regular Session, 1993 (Article 601i, Vernon's Texas Civil
291-7 Statutes), by adding Subchapter E to read as follows:
291-8 SUBCHAPTER E. PUBLIC CONTRACTS WITH DISADVANTAGED OR
291-9 HISTORICALLY UNDERUTILIZED BUSINESSES
291-10 Sec. 2252.121. DEFINITIONS. In this subchapter:
291-11 (1) "Contractor" means a person who submits a bid for
291-12 a public contract. The term includes a general contractor, a prime
291-13 contractor, and a subcontractor.
291-14 (2) "Disadvantaged or historically underutilized
291-15 business" means an entity that meets the definition of a
291-16 historically underutilized business under Section 2161.001 and in
291-17 which the owners of the business participate in the control,
291-18 operation, and management of the business in a manner proportionate
291-19 to their ownership so that the business is clearly controlled by
291-20 the economically disadvantaged owners.
291-21 (3) "Governmental entity" means a state agency or
291-22 political subdivision of this state.
291-23 (4) "Person" means an individual, partnership,
291-24 association, corporation, or other private legal entity.
291-25 (5) "Political subdivision" means a county,
291-26 municipality, school district, or other special district or
291-27 authority of this state.
292-1 (6) "Public contract" means a purchasing contract or
292-2 public works contract awarded by a governmental entity.
292-3 (7) "State agency" means a board, commission, office,
292-4 department, or other agency in the executive, judicial, or
292-5 legislative branch of state government. The term includes an
292-6 institution of higher education as defined by Section 61.003,
292-7 Education Code.
292-8 Sec. 2252.122. APPLICABILITY. This subchapter applies to
292-9 each public contract entered into by a governmental entity and a
292-10 contractor in which the contractor claims to be a disadvantaged or
292-11 a historically underutilized business.
292-12 Sec. 2252.123. PROHIBITED ACT. A contractor may not claim
292-13 disadvantaged or historically underutilized business status in
292-14 bidding on a public contract unless the contractor meets the
292-15 definition of a disadvantaged or historically underutilized
292-16 business and that contractor will personally execute the terms of
292-17 the contract.
292-18 Sec. 2252.124. SPECIFIC REQUIREMENTS. To qualify as a
292-19 contractor claiming disadvantaged or historically underutilized
292-20 business status under this subchapter:
292-21 (1) the general contractor will perform all of the
292-22 estimating and contract administration functions with the employees
292-23 of that contractor;
292-24 (2) subcontractors will perform all of their work of
292-25 their trade with their own employees or, if the subcontractor uses
292-26 an employee leasing firm for the purpose of providing salary and
292-27 benefit administration, with employees who in all other respects
293-1 are supervised and perform on the job as if they were employees of
293-2 the subcontractor; and
293-3 (3) a prime contractor who intends to subcontract
293-4 specific trades may do so if:
293-5 (A) the dollar value of the subcontracts does
293-6 not exceed 75 percent of the original value of the contract; and
293-7 (B) all work in the trade of the prime
293-8 contractor is accomplished by employees of that contractor or, if
293-9 the prime contractor uses an employee leasing firm for the purpose
293-10 of salary and benefit administration, with employees who in all
293-11 other respects are supervised and perform on the job as if they
293-12 were employees of the prime contractor.
293-13 Sec. 2252.125. CIVIL PENALTY. (a) The attorney general or a
293-14 district, county, or municipal attorney may institute an action in
293-15 district court to recover a civil penalty against a person who
293-16 claims disadvantaged or historically underutilized business status
293-17 and a general contractor who knowingly contracts with a person
293-18 claiming the disadvantaged or historically underutilized business
293-19 status in violation of Section 2252.123.
293-20 (b) A civil penalty imposed under this section may not
293-21 exceed $1,000 for each violation and may not exceed $100,000, in
293-22 the aggregate, for all violations arising from a single action.
293-23 Each day a violation occurs constitutes a separate violation for
293-24 purposes of imposing the penalty.
293-25 (c) A civil penalty recovered in an action brought by the
293-26 attorney general shall be deposited in the state treasury. A civil
293-27 penalty recovered in an action brought by a political subdivision
294-1 shall be deposited in the general fund of that political
294-2 subdivision.
294-3 (d) A civil penalty imposed under this section is in
294-4 addition to any other criminal, civil, or administrative penalty
294-5 that may be imposed by the state or a political subdivision and to
294-6 which a person in violation of Section 2252.123 may be liable.
294-7 (b) Sections 1-5, Chapter 881, Acts of the 73rd Legislature,
294-8 Regular Session, 1993 (Article 601i, Vernon's Texas Civil
294-9 Statutes), are repealed.
294-10 SECTION 9.014. (a) Section 2308.102(a), Government Code, is
294-11 amended to conform to Section 2.06(b), Workforce and Economic
294-12 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
294-13 Statutes), as amended by Section 53, Chapter 260, Acts of the 74th
294-14 Legislature, Regular Session, 1995, to read as follows:
294-15 (a) The council shall assume the duty to:
294-16 (1) develop, with the assistance of each appropriate
294-17 state agency, recommend to the governor, and report to the
294-18 legislature state plans required by applicable federal law in order
294-19 for the state to receive federal funds;
294-20 (2) make policy recommendations to the governor and
294-21 the legislature on goals and priorities for formula and
294-22 discretionary funds for all applicable programs;
294-23 (3) participate directly in the development of the
294-24 state plan for career and technology education, as required by law,
294-25 and recommend the plan to the Texas Education Agency;
294-26 (4) ensure that general revenue funds previously
294-27 available to the Texas Literacy Council are used to support the
295-1 efforts of local literacy councils in a manner consistent with the
295-2 state strategic plan;
295-3 (5) recommend to the State Board for Career and
295-4 Technology [of Vocational] Education the division of federal funds
295-5 between secondary and postsecondary educational agencies under the
295-6 Carl D. Perkins Vocational and Applied Technology Education Act (20
295-7 U.S.C. Section 2301 et seq.); and
295-8 (6) make recommendations to the Texas Workforce
295-9 Commission on unemployment insurance issues pertinent to the
295-10 responsibilities of the council.
295-11 (b) Section 53, Chapter 260, Acts of the 74th Legislature,
295-12 Regular Session, 1995, is repealed.
295-13 SECTION 9.015. Section 54, Chapter 260, Acts of the 74th
295-14 Legislature, Regular Session, 1995, is repealed to conform to
295-15 Section 19.16, Chapter 165, Acts of the 75th Legislature, Regular
295-16 Session, 1997.
295-17 SECTION 9.016. (a) Section 2308.301, Government Code, is
295-18 amended to conform to Section 4.055(a), Workforce and Economic
295-19 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
295-20 Statutes), as added by Section 4.04, Chapter 655, Acts of the 74th
295-21 Legislature, Regular Session, 1995, to read as follows:
295-22 Sec. 2308.301. DEFINITIONS [DEFINITION]. In this subchapter:
295-23 (1) "Board"[, "board"] means a local workforce
295-24 development board.
295-25 (2) "Commission" means the Texas Workforce Commission.
295-26 (b) Subchapter G, Chapter 2308, Government Code, is amended
295-27 by adding Section 2308.3036 to conform to Sections 4.055(b)-(e),
296-1 Workforce and Economic Competitiveness Act (Article 5190.7a,
296-2 Vernon's Texas Civil Statutes), as added by Section 4.04, Chapter
296-3 655, Acts of the 74th Legislature, Regular Session, 1995, to read
296-4 as follows:
296-5 Sec. 2308.3036. DEMONSTRATION PROJECTS. (a) In addition to
296-6 performing the functions under Sections 2308.302 and 2308.303 and
296-7 adopting the local plan required under Section 2308.304, each board
296-8 may establish and operate localized programs to expand education,
296-9 training, and employment in the workforce development area
296-10 administered by the board. The board may design creative programs
296-11 that fit the unique characteristics and needs of its workforce
296-12 development area.
296-13 (b) A board that designs a program under this section shall
296-14 submit a written proposal for approval of the program to the
296-15 commission. The commission shall approve any program that clearly
296-16 demonstrates the ability to:
296-17 (1) draw on and unite the resources of the local
296-18 community; and
296-19 (2) determine and meet the needs of the local service
296-20 populations, businesses, and industries.
296-21 (c) A board shall implement and administer a program
296-22 approved by the commission under this section as a local
296-23 demonstration project. The board shall report to the commission
296-24 quarterly regarding the administration of the project and the
296-25 effectiveness of the project in serving the workforce development
296-26 needs of the community.
296-27 (d) A board shall submit any proposed changes in the program
297-1 to the commission in writing. The commission must approve the
297-2 proposed changes before the changes may be adopted and implemented
297-3 by the board.
297-4 (c) Subchapter G, Chapter 2308, Government Code, is amended
297-5 by adding Section 2308.3037 to conform to Section 4.057, Workforce
297-6 and Economic Competitiveness Act (Article 5190.7a, Vernon's Texas
297-7 Civil Statutes), as added by Section 4.04, Chapter 655, Acts of the
297-8 74th Legislature, Regular Session, 1995, to read as follows:
297-9 Sec. 2308.3037. DEMONSTRATION PROJECT ACCOUNT. (a) The
297-10 local workforce development board demonstration project fund
297-11 account is a revolving fund account established in the state
297-12 treasury that may be used only for:
297-13 (1) loans for the initial implementation costs of a
297-14 demonstration project approved under Section 2308.3036; and
297-15 (2) small loans for new education, training, and
297-16 employment programs established by a board under a demonstration
297-17 project.
297-18 (b) The revolving fund account consists of:
297-19 (1) money appropriated to the account by the
297-20 legislature;
297-21 (2) donations made to the account;
297-22 (3) repayment of a small loan made under the
297-23 provisions of a demonstration project;
297-24 (4) money received under a state or federal education,
297-25 training, and job program; and
297-26 (5) depository interest and investment income earned
297-27 on the account.
298-1 (c) Money drawn from the revolving fund account for the
298-2 operation of education, training, and job programs shall be paid
298-3 back to the account as permanent revenues from state or federal
298-4 education, training, and job programs become available.
298-5 (d) Subchapter G, Chapter 2308, Government Code, is amended
298-6 by adding Section 2308.3038 to conform to Section 4.056, Workforce
298-7 and Economic Competitiveness Act (Article 5190.7a, Vernon's Texas
298-8 Civil Statutes), as added by Section 4.04, Chapter 655, Acts of the
298-9 74th Legislature, Regular Session, 1995, to read as follows:
298-10 Sec. 2308.3038. CERTAIN PROGRAMS FOR TANF RECIPIENTS. (a)
298-11 In this section, "JOBS training program" means the job
298-12 opportunities and basic skills training program under Part F,
298-13 Subchapter IV, Social Security Act (42 U.S.C. Section 682), or a
298-14 successor program.
298-15 (b) In addition to the programs established under Section
298-16 2308.3036, each board shall adopt programs to enhance the ability
298-17 of recipients of financial assistance and services under Chapter
298-18 31, Human Resources Code, who are eligible to participate in the
298-19 JOBS training program or a successor program to obtain and retain
298-20 gainful employment. On the request of a board, the commission
298-21 shall provide technical assistance to the board in adopting
298-22 programs under this section.
298-23 (c) In adopting programs under this section, the board shall
298-24 consider the programs adopted under Section 31.0126, Human
298-25 Resources Code. Within the parameters established by that section,
298-26 the board may adopt a program to serve more effectively the needs
298-27 of the recipients described by Subsection (b) who are residing in
299-1 the workforce development area.
299-2 (d) The commission must approve a program adopted by a board
299-3 under this section, including a program adopted under Section
299-4 31.0126, Human Resources Code, before the board may implement the
299-5 program in the workforce development area.
299-6 (e) Section 4.04, Chapter 655, Acts of the 74th Legislature,
299-7 Regular Session, 1995, is repealed.
299-8 SECTION 9.017. Chapter 363, Acts of the 42nd Legislature,
299-9 Regular Session, 1931 (Article 678a, Vernon's Texas Civil
299-10 Statutes), is repealed as obsolete.
299-11 ARTICLE 10. CHANGES RELATING TO
299-12 HEALTH AND SAFETY CODE
299-13 SECTION 10.0001. Section 81.169(f), Health and Safety Code,
299-14 is amended to correct a reference to read as follows:
299-15 (f) The Texas Rules of [Civil] Evidence apply to the hearing
299-16 unless the rules are inconsistent with this chapter.
299-17 SECTION 10.001. Section 170.001(3), Health and Safety Code,
299-18 is amended to more accurately reflect the law from which it was
299-19 derived to read as follows:
299-20 (3) "Viable" means the stage of fetal development
299-21 when, in the medical judgment of the attending physician based on
299-22 the particular facts of the case, an unborn child possesses the
299-23 capacity to live outside its mother's womb after its premature
299-24 birth from any cause. The term does not include a fetus whose
299-25 biparietal diameter is less than 60 millimeters.
299-26 SECTION 10.0011. Sections 242.049(d) and (e), Health and
299-27 Safety Code, are amended to correct references to read as follows:
300-1 (d) The collection, compilation, and analysis of the
300-2 information and any reports produced from these sources shall be
300-3 done in a manner that protects the privacy of any individual about
300-4 whom information is given and is explicitly confidential. The
300-5 department shall protect and maintain the confidentiality of the
300-6 information. The information received by the department, any
300-7 information compiled as a result of review of internal agency
300-8 documents, and any reports, compilations, and analyses produced
300-9 from these sources shall not be available for public inspection or
300-10 disclosure, nor are these sources public records within the meaning
300-11 of Chapter 552, Government Code. The information and any
300-12 compilations, reports, or analyses produced from the information
300-13 shall not be subject to discovery, subpoena, or other means of
300-14 legal compulsion for release to any person or entity except as
300-15 provided in this section and shall not be admissible in any civil,
300-16 administrative, or criminal proceeding. This privilege shall be
300-17 recognized by Rules 501 and 502 of the Texas Rules of [Civil]
300-18 Evidence [and the Texas Rules of Criminal Evidence].
300-19 (e) The information and reports, compilations, and analyses
300-20 developed by the department for quality improvement shall be used
300-21 only for the evaluation and improvement of quality care in nursing
300-22 homes. No department proceeding or record shall be subject to
300-23 discovery, subpoena, or other means of legal compulsion for release
300-24 to any person or entity, and shall not be admissible in any civil,
300-25 administrative, or criminal proceeding. This privilege shall be
300-26 recognized by Rules 501 and 502 of the Texas Rules of [Civil]
300-27 Evidence [and the Texas Rules of Criminal Evidence].
301-1 SECTION 10.002. Section 382.058, Health and Safety Code, as
301-2 amended by Chapters 391 and 406, Acts of the 76th Legislature,
301-3 Regular Session, 1999, is reenacted and amended to correct the
301-4 heading and a reference to read as follows:
301-5 Sec. 382.058. NOTICE OF AND HEARING ON CONSTRUCTION OF
301-6 CONCRETE PLANT UNDER PERMIT BY RULE, STANDARD PERMIT, OR EXEMPTION
301-7 [PROVISIONS RELATING TO PERMITS BY RULE OR STANDARD PERMITS FOR
301-8 COMMISSION EXEMPTION FOR CONSTRUCTION OF CERTAIN CONCRETE PLANTS].
301-9 (a) A person may not begin construction on any concrete plant that
301-10 performs wet batching, dry batching, or central mixing under a
301-11 standard permit under Section 382.05195 or a permit by rule adopted
301-12 by the commission under Section 382.05196 unless the person has
301-13 complied with the notice and opportunity for hearing provisions
301-14 under Section 382.056.
301-15 (b) This section does not apply to a concrete plant located
301-16 temporarily in the right-of-way, or contiguous to the right-of-way,
301-17 of a public works project.
301-18 (c) For purposes of this section, only those persons
301-19 actually residing in a permanent residence within 440 yards of the
301-20 proposed plant may request a hearing under Section 382.056
301-21 [382.056(d)] as a person who may be affected.
301-22 (d) If the commission considers air dispersion modeling
301-23 information in the course of adopting an exemption under Section
301-24 382.057 for a concrete plant that performs wet batching, dry
301-25 batching, or central mixing, the commission may not require that a
301-26 person who qualifies for the exemption conduct air dispersion
301-27 modeling before beginning construction of a concrete plant, and
302-1 evidence regarding air dispersion modeling may not be submitted at
302-2 a hearing under Section 382.056.
302-3 SECTION 10.003. Section 401.383(a), Health and Safety Code,
302-4 is amended to more accurately reflect the law from which it was
302-5 derived to read as follows:
302-6 (a) A person commits an offense if the person intentionally
302-7 or knowingly receives, processes, concentrates, stores, transports,
302-8 or disposes of low-level radioactive waste without a license issued
302-9 under this chapter.
302-10 SECTION 10.0031. Section 462.067(d), Health and Safety Code,
302-11 is amended to correct a reference to read as follows:
302-12 (d) The Texas Rules of Civil Procedure and Texas Rules of
302-13 [Civil] Evidence apply to a hearing unless the rules are
302-14 inconsistent with this chapter. The hearing is on the record, and
302-15 the state must prove each issue by clear and convincing evidence.
302-16 SECTION 10.004. Section 502.020, Health and Safety Code, as
302-17 added by Chapters 1332 and 1501, Acts of the 76th Legislature,
302-18 Regular Session, 1999, is reenacted to read as follows:
302-19 Sec. 502.020. WORKPLACE SAFETY FOR INMATES. A person
302-20 imprisoned in a facility operated by or for the Texas Department of
302-21 Criminal Justice is not an employee for the purposes of this
302-22 chapter. The Texas Department of Criminal Justice shall provide a
302-23 person imprisoned in a facility operated by or for the Texas
302-24 Department of Criminal Justice the protections from exposure to
302-25 hazardous chemicals in the workplace as provided for in this
302-26 chapter.
302-27 SECTION 10.005. (a) The heading of Subchapter A, Chapter
303-1 535, Health and Safety Code, is repealed.
303-2 (b) Section 535.001, Health and Safety Code, is amended to
303-3 correct a reference to read as follows:
303-4 Sec. 535.001. DEFINITIONS. In this chapter [subchapter]:
303-5 (1) "Assistance" means a subsidy granted by the
303-6 department to provide support services to a client.
303-7 (2) "Client" means a person with a mental disability
303-8 who lives independently or a family who receives assistance under
303-9 this chapter [subchapter].
303-10 (3) "Family" means a group that consists of a person
303-11 with a mental disability and that person's parent, sibling, spouse,
303-12 child, or legal guardian. The group may include others.
303-13 (4) "Legal guardian" means a person appointed by a
303-14 court of competent jurisdiction to exercise powers over a person
303-15 with a mental disability.
303-16 (5) "Mental illness" has the meaning assigned by
303-17 Section 571.003.
303-18 (6) "Mental retardation" has the meaning assigned by
303-19 Section 591.003.
303-20 (7) "Other support programs" means:
303-21 (A) all forms of local, state, or federal
303-22 support services other than assistance;
303-23 (B) contract programs; or
303-24 (C) support services provided by public or
303-25 private funds for persons with mental disabilities or their
303-26 families.
303-27 (8) "Parent" means a natural, foster, surrogate, or
304-1 adoptive parent.
304-2 (9) "Person with a mental disability" means:
304-3 (A) a person with mental illness;
304-4 (B) a person with mental retardation;
304-5 (C) a person with a pervasive developmental
304-6 disorder; or
304-7 (D) a person younger than four years of age who
304-8 is eligible for early childhood intervention services.
304-9 (10) "Pervasive developmental disorder" means a
304-10 disorder that begins in childhood and that meets the criteria for a
304-11 pervasive developmental disorder established in the Diagnostic and
304-12 Statistical Manual, Edition III-R.
304-13 (c) Section 535.002, Health and Safety Code, is amended to
304-14 correct a reference to read as follows:
304-15 Sec. 535.002. ADOPTION OF RULES AND IMPLEMENTATION OF
304-16 PROGRAM. (a) The department shall adopt rules, procedures,
304-17 guidelines, and standards to implement and administer this chapter
304-18 [subchapter], including:
304-19 (1) procedures and guidelines for determining
304-20 eligibility standards relating to financial qualifications and the
304-21 need for services and for determining eligibility criteria for
304-22 selecting clients;
304-23 (2) standards and procedures for approving qualified
304-24 programs and support services;
304-25 (3) procedures for conducting a periodic review of
304-26 clients;
304-27 (4) procedures and guidelines for determining when
305-1 assistance duplicates other support programs or results in
305-2 excessive support to a client;
305-3 (5) rules establishing reasonable payment rates for
305-4 qualified programs and support services under this chapter
305-5 [subchapter]; and
305-6 (6) rules establishing a copayment system in
305-7 accordance with Section 535.009.
305-8 (b) If feasible and economical, the department may use local
305-9 mental health and mental retardation authorities to implement this
305-10 chapter [subchapter]. However, the department may not designate
305-11 those local mental health and mental retardation authorities as the
305-12 sole providers of services if other providers are available.
305-13 (d) Sections 535.003(e) and (f), Health and Safety Code, are
305-14 amended to correct a reference to read as follows:
305-15 (e) In determining eligibility for support services under
305-16 this chapter [subchapter], the department shall determine if the
305-17 applicant is eligible to receive the services from other support
305-18 programs and may deny the application if it determines that the
305-19 applicant is eligible to receive services that are available from
305-20 another support program. If the department denies the application,
305-21 the department shall provide to the applicant information on and
305-22 referral to the appropriate support program.
305-23 (f) A local or state agency may not consider assistance
305-24 received under this chapter [subchapter] in determining eligibility
305-25 for another support program unless that consideration is required
305-26 by federal regulations.
305-27 (e) Section 535.005, Health and Safety Code, is amended to
306-1 correct a reference to read as follows:
306-2 Sec. 535.005. SUPPORT SERVICES FOR CERTAIN CLIENTS. The
306-3 department may contract with the Texas Department of Human Services
306-4 to provide support services to clients of the Texas Department of
306-5 Human Services who are mentally disabled and eligible to receive
306-6 assistance under this chapter [subchapter].
306-7 (f) Section 535.006, Health and Safety Code, is amended to
306-8 correct a reference to read as follows:
306-9 Sec. 535.006. LIMITATION OF DUTY. The department's duty to
306-10 provide assistance under this chapter [subchapter] is determined
306-11 and limited by the funds specifically appropriated to administer
306-12 this chapter [subchapter].
306-13 (g) Section 535.011, Health and Safety Code, is amended to
306-14 correct a reference to read as follows:
306-15 Sec. 535.011. CLIENT RESPONSIBILITY FOR PAYMENT. Each client
306-16 shall pay:
306-17 (1) the client's required copayment; and
306-18 (2) the amount of charges in excess of the amount the
306-19 department establishes for the service or the amount incurred in
306-20 excess of the maximum amount of assistance authorized by this
306-21 chapter [subchapter] to be provided by the department.
306-22 (h) Section 535.014(a), Health and Safety Code, is amended
306-23 to correct a reference to read as follows:
306-24 (a) A person commits an offense if the person, in obtaining
306-25 or attempting to obtain assistance under this chapter [subchapter]
306-26 for himself or another person:
306-27 (1) makes or causes to be made a statement or
307-1 representation the person knows to be false; or
307-2 (2) solicits or accepts any assistance for which the
307-3 person knows he, or the person for whom the solicitation is made,
307-4 is not eligible.
307-5 SECTION 10.006. Section 574.031(e), Health and Safety Code,
307-6 is amended to correct a reference to read as follows:
307-7 (e) The Texas Rules of [Civil] Evidence apply to the hearing
307-8 unless the rules are inconsistent with this subtitle.
307-9 SECTION 10.007. Section 593.050(d), Health and Safety Code,
307-10 is amended to correct a reference to read as follows:
307-11 (d) The Texas Rules of [Civil] Evidence apply. The results
307-12 of the determination of mental retardation and the current
307-13 interdisciplinary team report and recommendations shall be
307-14 presented in evidence.
307-15 SECTION 10.008. Section 773.091(e), Health and Safety Code,
307-16 is amended to correct a reference to read as follows:
307-17 (e) Notwithstanding Rule 501, Texas Rules of [Criminal]
307-18 Evidence, [and Rule 501, Texas Rules of Civil Evidence,] the
307-19 privilege of confidentiality may be claimed in any criminal, civil,
307-20 or administrative proceeding and may be claimed by the patient or
307-21 the emergency medical services personnel or physician acting on the
307-22 patient's behalf.
307-23 Article 11. Changes Relating to Insurance Code
307-24 SECTION 11.001. Chapter 30, Insurance Code, is amended to
307-25 reflect the proposed enactment of Titles 6, 7, and 8, Insurance
307-26 Code, and to conform to the usage of certain terminology in those
307-27 titles to read as follows:
308-1 CHAPTER 30. GENERAL PROVISIONS
308-2 Sec. 30.001. PURPOSE OF TITLES 2, 6, 7, AND 8 [TITLE]. (a)
308-3 This title and Titles 6, 7, and 8 are [is] enacted as a part of the
308-4 state's continuing statutory revision program, begun by the Texas
308-5 Legislative Council in 1963 as directed by the legislature in the
308-6 law codified as Section 323.007, Government Code. The program
308-7 contemplates a topic-by-topic revision of the state's general and
308-8 permanent statute law without substantive change.
308-9 (b) Consistent with the objectives of the statutory revision
308-10 program, the purpose of this title and Titles 6, 7, and 8 is to
308-11 make the law encompassed by the titles [this title] more accessible
308-12 and understandable by:
308-13 (1) rearranging the statutes into a more logical
308-14 order;
308-15 (2) employing a format and numbering system designed
308-16 to facilitate citation of the law and to accommodate future
308-17 expansion of the law;
308-18 (3) eliminating repealed, duplicative,
308-19 unconstitutional, expired, executed, and other ineffective
308-20 provisions; and
308-21 (4) restating the law in modern American English to
308-22 the greatest extent possible.
308-23 Sec. 30.002. CONSTRUCTION [OF TITLE]. Except as provided by
308-24 Section 30.003 and as otherwise expressly provided in this code,
308-25 Chapter 311, Government Code (Code Construction Act), applies to
308-26 the construction of each provision in this title and in Titles 6,
308-27 7, and 8 [except as otherwise expressly provided by this title].
309-1 Sec. 30.003. DEFINITION OF PERSON. The definition of
309-2 "person" assigned by Section 311.005, Government Code, does not
309-3 apply to any provision in this title or in Title 6, 7, or 8.
309-4 Sec. 30.004. REFERENCE IN LAW TO STATUTE REVISED BY TITLE 2,
309-5 6, 7, OR 8. A reference in a law to a statute or a part of a
309-6 statute revised by this title or by Title 6, 7, or 8 is considered
309-7 to be a reference to the part of this code [title] that revises
309-8 that statute or part of that statute.
309-9 SECTION 11.002. Sections 82.002(b) and (c), Insurance Code,
309-10 are amended to more accurately reflect the law from which they were
309-11 derived to read as follows:
309-12 (b) This chapter also applies to:
309-13 (1) an agent of an entity described by Subsection (a);
309-14 and
309-15 (2) an individual or a corporation, association,
309-16 partnership, or other artificial [a] person who:
309-17 (A) is engaged in the business of insurance;
309-18 (B) holds an authorization; or
309-19 (C) is regulated by the commissioner.
309-20 (c) The commissioner's authority under this chapter applies
309-21 to each form of authorization and each person or entity holding an
309-22 authorization.
309-23 SECTION 11.003. Section 83.001(3), Insurance Code, is amended
309-24 to more accurately reflect the law from which it was derived to
309-25 read as follows:
309-26 (3) "Unauthorized person" means an individual or a
309-27 corporation, association, partnership, or other artificial [a]
310-1 person who directly or indirectly does an act of insurance business
310-2 that is:
310-3 (A) described by Section 101.051 or 101.052; and
310-4 (B) not done in accordance with specific
310-5 authorization of law.
310-6 SECTION 11.004. Section 83.002(b), Insurance Code, is amended
310-7 to more accurately reflect the law from which it was derived to
310-8 read as follows:
310-9 (b) This chapter also applies to:
310-10 (1) an agent of an entity described by Subsection (a);
310-11 and
310-12 (2) an individual or a corporation, association,
310-13 partnership, or other artificial [a] person who:
310-14 (A) is engaged in the business of insurance;
310-15 (B) holds a permit, certificate, registration,
310-16 license, or other authority under this code; or
310-17 (C) is regulated by the commissioner.
310-18 SECTION 11.005. Section 101.001(c), Insurance Code, is
310-19 amended to more accurately reflect the law from which it was
310-20 derived to read as follows:
310-21 (c) The purpose of this chapter is to subject certain
310-22 insurers and [other] persons to the jurisdiction of:
310-23 (1) the commissioner and proceedings before the
310-24 commissioner; and
310-25 (2) the courts of this state in suits by or on behalf
310-26 of the state or an insured or beneficiary under an insurance
310-27 contract.
311-1 SECTION 11.006. Section 101.051(b), Insurance Code, is
311-2 amended to more accurately reflect the law from which it was
311-3 derived to read as follows:
311-4 (b) The following acts in this state constitute the business
311-5 of insurance in this state:
311-6 (1) making or proposing to make, as an insurer, an
311-7 insurance contract;
311-8 (2) making or proposing to make, as guarantor or
311-9 surety, a guaranty or suretyship contract as a vocation and not
311-10 merely incidental to another legitimate business or activity of the
311-11 guarantor or surety;
311-12 (3) taking or receiving an insurance application;
311-13 (4) receiving or collecting any consideration for
311-14 insurance, including:
311-15 (A) a premium;
311-16 (B) a commission;
311-17 (C) a membership fee;
311-18 (D) an assessment; or
311-19 (E) dues;
311-20 (5) issuing or delivering an insurance contract to:
311-21 (A) a resident of this state; or
311-22 (B) a person authorized to do business in this
311-23 state;
311-24 (6) directly or indirectly acting as an agent for or
311-25 otherwise representing or assisting an insurer or [other] person
311-26 in:
311-27 (A) soliciting, negotiating, procuring, or
312-1 effectuating insurance or a renewal of insurance;
312-2 (B) disseminating information relating to
312-3 coverage or rates;
312-4 (C) forwarding an insurance application;
312-5 (D) delivering an insurance policy or contract;
312-6 (E) inspecting a risk;
312-7 (F) setting a rate;
312-8 (G) investigating or adjusting a claim or loss;
312-9 (H) transacting a matter after the effectuation
312-10 of the contract that arises out of the contract; or
312-11 (I) representing or assisting an insurer or
312-12 [other] person in any other manner in the transaction of insurance
312-13 with respect to a subject of insurance that is resident, located,
312-14 or to be performed in this state;
312-15 (7) contracting to provide in this state
312-16 indemnification or expense reimbursement for a medical expense by
312-17 direct payment, reimbursement, or otherwise to a person domiciled
312-18 in this state or for a risk located in this state, whether as an
312-19 insurer, agent, administrator, trust, or funding mechanism or by
312-20 another method;
312-21 (8) doing any kind of insurance business specifically
312-22 recognized as constituting insurance business within the meaning of
312-23 statutes relating to insurance;
312-24 (9) doing or proposing to do any insurance business
312-25 that is in substance equivalent to conduct described by
312-26 Subdivisions (1)-(8) in a manner designed to evade statutes
312-27 relating to insurance; or
313-1 (10) any other transaction of business in this state
313-2 by an insurer.
313-3 SECTION 11.007. Section 101.052, Insurance Code, is amended
313-4 to more accurately reflect the law from which it was derived to
313-5 read as follows:
313-6 Sec. 101.052. ADVERTISING RELATING TO MEDICARE SUPPLEMENT
313-7 POLICIES. With respect to a Medicare supplement policy authorized
313-8 under Article 3.74, the business of insurance in this state
313-9 includes using, creating, publishing, mailing, or disseminating in
313-10 this state an advertisement relating to an act that constitutes the
313-11 business of insurance under Section 101.051 unless the
313-12 advertisement is used, created, published, mailed, or disseminated
313-13 on behalf of an insurer or [other] person who:
313-14 (1) is authorized under this code to engage in the
313-15 business of insurance in this state;
313-16 (2) has actual knowledge of the content of the
313-17 advertisement;
313-18 (3) has authorized the advertisement to be used,
313-19 created, published, mailed, or disseminated on that insurer's or
313-20 [other] person's behalf; and
313-21 (4) is clearly identified by name in the advertisement
313-22 as the sponsor of the advertisement.
313-23 SECTION 11.008. Section 101.053(b), Insurance Code, is
313-24 amended to more accurately reflect the law from which it was
313-25 derived to read as follows:
313-26 (b) Sections 101.051 and 101.052 do not apply to:
313-27 (1) the lawful transaction of surplus lines insurance
314-1 under Article 1.14-2;
314-2 (2) the lawful transaction of reinsurance by insurers;
314-3 (3) a transaction in this state that:
314-4 (A) involves a policy that:
314-5 (i) is lawfully solicited, written, and
314-6 delivered outside this state; and
314-7 (ii) covers, at the time the policy is
314-8 issued, only subjects of insurance that are not resident, located,
314-9 or expressly to be performed in this state; and
314-10 (B) takes place after the policy is issued;
314-11 (4) a transaction:
314-12 (A) that involves an insurance contract
314-13 independently procured through negotiations occurring entirely
314-14 outside this state;
314-15 (B) that is reported; and
314-16 (C) on which premium tax is paid in accordance
314-17 with this chapter;
314-18 (5) a transaction in this state that:
314-19 (A) involves group life, health, or accident
314-20 insurance, other than credit insurance, and group annuities in
314-21 which the master policy for the group was lawfully issued and
314-22 delivered in a state in which the insurer or [other] person was
314-23 authorized to do insurance business; and
314-24 (B) is authorized by a statute of this state;
314-25 (6) a management or accounting activity in this state
314-26 on behalf of a nonadmitted captive insurance company that insures
314-27 solely directors' and officers' liability insurance for:
315-1 (A) the directors and officers of the company's
315-2 parent and affiliated companies;
315-3 (B) the risks of the company's parent and
315-4 affiliated companies; or
315-5 (C) both the individuals and entities described
315-6 by Paragraphs (A) and (B);
315-7 (7) the issuance of a qualified charitable gift
315-8 annuity under Chapter 102; or
315-9 (8) a lawful transaction by a servicing company of the
315-10 Texas workers' compensation employers' rejected risk fund under
315-11 Section 4.08, Article 5.76-2, as that article existed before its
315-12 repeal.
315-13 SECTION 11.009. Section 101.151, Insurance Code, is amended
315-14 to more accurately reflect the law from which it was derived to
315-15 read as follows:
315-16 Sec. 101.151. POWERS OF COMMISSIONER; NOTICE OF HEARING. (a)
315-17 The commissioner may set a hearing on whether to issue a cease and
315-18 desist order under Section 101.153 if the commissioner has reason
315-19 to believe that:
315-20 (1) an insurer or [other] person has violated or is
315-21 threatening to violate this chapter or a rule adopted under this
315-22 chapter; or
315-23 (2) an insurer or [other] person acting in violation
315-24 of this chapter has engaged in or is threatening to engage in an
315-25 unfair act.
315-26 (b) The commissioner shall serve on the insurer or [other]
315-27 person a statement of charges and a notice of hearing in the form
316-1 provided by Section 2001.052, Government Code, and applicable rules
316-2 of the commissioner.
316-3 SECTION 11.010. Section 101.153, Insurance Code, is amended
316-4 to more accurately reflect the law from which it was derived to
316-5 read as follows:
316-6 Sec. 101.153. CEASE AND DESIST ORDER. After a hearing held
316-7 under this subchapter, the commissioner may issue against the
316-8 insurer or [other] person charged with a violation an order that
316-9 requires that the insurer or [other] person immediately cease and
316-10 desist from the violation.
316-11 SECTION 11.011. Section 101.154, Insurance Code, is amended
316-12 to more accurately reflect the law from which it was derived to
316-13 read as follows:
316-14 Sec. 101.154. ENFORCEMENT; REFERRAL TO ATTORNEY GENERAL.
316-15 The commissioner may refer the matter to the attorney general for
316-16 enforcement if the commissioner has reason to believe that an
316-17 insurer or [other] person has:
316-18 (1) violated a cease and desist order issued under
316-19 this subchapter; or
316-20 (2) failed to pay an assessed penalty.
316-21 SECTION 11.012. Section 101.201(b), Insurance Code, is
316-22 amended to more accurately reflect the law from which it was
316-23 derived to read as follows:
316-24 (b) This section does not apply to [:]
316-25 [(1)] insurance procured by a licensed surplus lines
316-26 agent from an eligible surplus lines insurer as defined by Article
316-27 1.14-2 and [:]
317-1 [(A) that is reported; and]
317-2 [(B) on which premium tax is paid in accordance
317-3 with Article 1.14-2; or]
317-4 [(2) an] independently procured contracts [contract]
317-5 of insurance, as described in Section 101.053(b)(4), [:]
317-6 [(A)] that are [is] reported[;] and
317-7 [(B)] on which premium tax is paid in accordance
317-8 with this chapter or Article 1.14-2.
317-9 SECTION 11.013. Section 101.202, Insurance Code, is amended
317-10 to more accurately reflect the law from which it was derived to
317-11 read as follows:
317-12 Sec. 101.202. ATTORNEY'S FEES. (a) In an action against an
317-13 unauthorized insurer or [other] unauthorized person on a contract
317-14 of insurance issued or delivered in this state to a resident of
317-15 this state or to a corporation authorized to do business in this
317-16 state, the court may award to the plaintiff a reasonable attorney's
317-17 fee if:
317-18 (1) the insurer or [other] person failed, for at least
317-19 30 days after a demand made before the commencement of the action,
317-20 to make payment under the contract's terms; and
317-21 (2) the failure to make the payment was vexatious and
317-22 without reasonable cause.
317-23 (b) An insurer's or [other] person's failure to defend an
317-24 action described by Subsection (a) is prima facie evidence that the
317-25 failure to make payment was vexatious and without reasonable cause.
317-26 SECTION 11.014. (a) Section 101.252, Insurance Code, is
317-27 amended to conform to Section 2.04, Chapter 1467, Acts of the 76th
318-1 Legislature, Regular Session, 1999, and Section 1, Chapter 852,
318-2 Acts of the 76th Legislature, Regular Session, 1999, to read as
318-3 follows:
318-4 Sec. 101.252. INDEPENDENTLY PROCURED INSURANCE TAX. (a) In
318-5 this section, "premium" includes any consideration for insurance,
318-6 including:
318-7 (1) a premium;
318-8 (2) a membership fee; or
318-9 (3) dues.
318-10 (b) Except as provided by Subsection (g) [(f)], an insured
318-11 who procures insurance in accordance with Section 101.053(b)(4), or
318-12 another person designated by the insured, shall:
318-13 (1) file a report with the comptroller; and
318-14 (2) pay an independently procured insurance tax of
318-15 4.85 percent.
318-16 (c) [(b)] If a policy covers risks or exposures only
318-17 partially located in this state, the tax payable is computed on the
318-18 portion of the premium that is properly allocated to a risk or
318-19 exposure located in this state.
318-20 (d) [(c)] An insured who fails to withhold from the premium
318-21 the amount of tax imposed under this section is liable for the
318-22 amount of the tax and shall pay the tax to the comptroller within
318-23 the time described by Subsection (e) [(d)].
318-24 (e) [(d)] Except as provided by Section 101.253, the report
318-25 and tax are due on or before:
318-26 (1) May 15 [March 1] following the calendar year in
318-27 which the insurance was procured, continued, or renewed; or
319-1 (2) another date specified by the comptroller.
319-2 (f) [(e)] This section does not abrogate or modify any other
319-3 provision of this chapter.
319-4 (g) [(f)] This section does not apply to premiums for
319-5 individual life or individual disability insurance.
319-6 (b) Section 2.04, Chapter 1467, Acts of the 76th
319-7 Legislature, Regular Session, 1999, and Section 1, Chapter 852,
319-8 Acts of the 76th Legislature, Regular Session, 1999, are repealed.
319-9 SECTION 11.015. (a) Chapter 102, Insurance Code, is amended
319-10 to conform to Sections 1 and 2, Chapter 551, Acts of the 76th
319-11 Legislature, Regular Session, 1999, by adding Subchapter D to read
319-12 as follows:
319-13 SUBCHAPTER D. EFFECT OF CHARITABLE GIFT ANNUITY IN LITIGATION
319-14 AND CERTAIN OTHER PROCEEDINGS
319-15 Sec. 102.151. IMMUNITY. Any person or entity involved in
319-16 the issuance of a qualified charitable gift annuity shall have
319-17 immunity from suit, including both a defense to liability and the
319-18 right not to bear the cost, burden, and risk of discovery and
319-19 trial, as to any claim brought by or on behalf of the donor or the
319-20 donor's heirs or distributees alleging that the issuance of a
319-21 charitable gift annuity constitutes engaging in the business of
319-22 insurance in this state. An interlocutory appeal may be taken if a
319-23 court denies or otherwise fails to grant a motion for summary
319-24 judgment that is based on an assertion of the immunity provided in
319-25 this section.
319-26 Sec. 102.152. TREATMENT OF ANNUITY AS CHARITABLE GIFT
319-27 ANNUITY; ESTOPPEL. In any litigation or other proceeding brought
320-1 by or on behalf of a donor or the donor's heirs or distributees, an
320-2 annuity that the donor has treated as a charitable gift annuity in
320-3 a filing with the United States Internal Revenue Service shall be
320-4 considered to be a charitable gift annuity issued by a charitable
320-5 organization, as described by Subchapters A and B and Section
320-6 101.053(b).
320-7 (b) Sections 1 and 2, Chapter 551, Acts of the 76th
320-8 Legislature, Regular Session, 1999, are repealed.
320-9 ARTICLE 12. CHANGES RELATING TO LOCAL
320-10 GOVERNMENT CODE
320-11 PART 1. ORGANIZATIONAL CHANGES
320-12 SECTION 12.001. The following changes are made to Subtitle B,
320-13 Title 5, Local Government Code, for organizational purposes:
320-14 (1) Chapter 170, Local Government Code, is added to
320-15 Subtitle B with a chapter heading to read "CHAPTER 170.
320-16 MISCELLANEOUS PROVISIONS AFFECTING COUNTY OFFICERS AND EMPLOYEES";
320-17 and
320-18 (2) Section 240.906, Local Government Code, as added
320-19 by Chapter 644, Acts of the 76th Legislature, Regular Session,
320-20 1999, is redesignated as Section 170.001, Local Government Code.
320-21 SECTION 12.002. The following changes are made to Subtitle
320-22 A, Title 7, Local Government Code, for organizational purposes:
320-23 (1) Subchapter A, Chapter 230, Local Government Code,
320-24 is redesignated as Subchapter E, Chapter 212, Local Government
320-25 Code, and:
320-26 (A) the sections in the redesignated subchapter,
320-27 Sections 230.001-230.006, are redesignated as Sections
321-1 212.131-212.136; and
321-2 (B) the reference in the redesignated Section
321-3 212.134 to "Section 230.003" is changed to "Section 212.133";
321-4 (2) Chapter 219, Local Government Code, is
321-5 redesignated as Chapter 213, Local Government Code, and the
321-6 sections in the redesignated chapter, Sections 219.001-219.005, are
321-7 redesignated as Sections 213.001-213.005;
321-8 (3) the heading of Chapter 214, Local Government Code,
321-9 is changed to "CHAPTER 214. MUNICIPAL REGULATION OF HOUSING AND
321-10 OTHER STRUCTURES";
321-11 (4) existing Chapter 213, Local Government Code, is
321-12 redesignated as Subchapter D, Chapter 214, Local Government Code,
321-13 and:
321-14 (A) the heading of the redesignated subchapter
321-15 is changed to "SUBCHAPTER D. BUILDING LINES";
321-16 (B) the sections in the redesignated subchapter,
321-17 Sections 213.001-213.006, are redesignated as Sections
321-18 214.131-214.136;
321-19 (C) the references in the redesignated Sections
321-20 214.131 and 214.133 to "chapter" are changed to "subchapter"; and
321-21 (D) the reference in the redesignated Section
321-22 214.136(a) to "Section 213.004(b)(2)" is changed to "Section
321-23 214.134(b)(2)";
321-24 (5) Subchapter B, Chapter 230, Local Government Code,
321-25 is redesignated as Subchapter E, Chapter 214, Local Government
321-26 Code, and the sections in the redesignated subchapter, Sections
321-27 230.011-230.018, are redesignated as Sections 214.161-214.168;
322-1 (6) Chapter 218, Local Government Code, is
322-2 redesignated as Subchapter F, Chapter 214, Local Government Code,
322-3 and:
322-4 (A) the heading of the redesignated subchapter
322-5 is changed to "SUBCHAPTER F. BURGLAR ALARM SYSTEMS";
322-6 (B) the sections in the redesignated subchapter,
322-7 Sections 218.001-218.007, are redesignated as Sections
322-8 214.191-214.197; and
322-9 (C) the reference in the redesignated Section
322-10 214.191 to "chapter" is changed to "subchapter";
322-11 (7) Section 215.005, Local Government Code, is
322-12 redesignated as Section 214.903, Local Government Code;
322-13 (8) the heading of Chapter 215, Local Government Code,
322-14 is changed to "CHAPTER 215. MUNICIPAL REGULATION OF BUSINESSES AND
322-15 OCCUPATIONS";
322-16 (9) Chapter 230, Local Government Code, is
322-17 redesignated as Chapter 229, Local Government Code; and
322-18 (10) Section 215.001, Local Government Code, is
322-19 redesignated as Section 229.001, Local Government Code, and the
322-20 reference in Section 342.003(b), Local Government Code, to "Section
322-21 215.001" is changed to "Section 229.001".
322-22 SECTION 12.003. The following changes are made to Subtitle B,
322-23 Title 7, Local Government Code, for organizational purposes:
322-24 (1) the heading of Chapter 233, Local Government Code,
322-25 is changed to "CHAPTER 233. COUNTY REGULATION OF HOUSING AND OTHER
322-26 STRUCTURES";
322-27 (2) Chapter 239, Local Government Code, is
323-1 redesignated as Subchapter A, Chapter 233, Local Government Code,
323-2 and:
323-3 (A) the heading of the redesignated subchapter
323-4 is changed to "SUBCHAPTER A. DANGEROUS STRUCTURES"; and
323-5 (B) the section in the redesignated subchapter,
323-6 Section 239.001, is redesignated as Section 233.001;
323-7 (3) Sections 233.001-233.007, Local Government Code,
323-8 are designated as Subchapter B, Chapter 233, Local Government Code,
323-9 and are redesignated as Sections 233.031-233.037 and:
323-10 (A) a heading for the subchapter is added to
323-11 read "SUBCHAPTER B. BUILDING AND SETBACK LINES";
323-12 (B) the references in the redesignated Sections
323-13 233.031(a), 233.032(b), 233.034(a) and (b), 233.035(d), and 233.036
323-14 to "chapter" are changed to "subchapter"; and
323-15 (C) the reference in the redesignated Section
323-16 233.035(e) to "Subsection (c) of Section 233.004" is changed to
323-17 "Section 233.034(c)";
323-18 (4) Chapter 235, Local Government Code, is
323-19 redesignated as Subchapter C, Chapter 233, Local Government Code,
323-20 and:
323-21 (A) the heading of the redesignated subchapter
323-22 is changed to "SUBCHAPTER C. FIRE CODE IN UNINCORPORATED AREA";
323-23 (B) the sections in the redesignated subchapter,
323-24 Sections 235.001-235.007, are redesignated as Sections
323-25 233.061-233.067;
323-26 (C) the references in redesignated Sections
323-27 233.063(a) and (d), 233.064(a), (d), and (e), and 233.065 to
324-1 "chapter" are changed to "subchapter";
324-2 (D) the reference in the redesignated Section
324-3 233.063(a) to "Section 235.002(a)" is changed to "Section
324-4 233.062(a)"; and
324-5 (E) the reference in the redesignated Section
324-6 233.067(b) to "Section 235.005(c)" is changed to "Section
324-7 233.065(c)";
324-8 (5) Chapter 237, Local Government Code, is
324-9 redesignated as Subchapter D, Chapter 233, Local Government Code,
324-10 and:
324-11 (A) the heading of the redesignated subchapter
324-12 is changed to "SUBCHAPTER D. ALARM SYSTEMS";
324-13 (B) the sections in the redesignated subchapter,
324-14 Sections 237.001-237.007, are redesignated as Sections
324-15 233.091-233.097; and
324-16 (C) the references in redesignated Sections
324-17 233.091, 233.092(a), 233.093, 233.094, 233.095, and 233.096(a) to
324-18 "chapter" are changed to "subchapter";
324-19 (6) Chapter 238, Local Government Code, is
324-20 redesignated as Chapter 234, Local Government Code, and:
324-21 (A) the heading of the redesignated chapter is
324-22 changed to "CHAPTER 234. COUNTY REGULATION OF BUSINESSES AND
324-23 OCCUPATIONS";
324-24 (B) the sections in the redesignated chapter,
324-25 Sections 238.001-238.004, are designated as Subchapter A, Chapter
324-26 234, Local Government Code, and are redesignated as Sections
324-27 234.001-234.004;
325-1 (C) a heading for the subchapter is added to
325-2 read "SUBCHAPTER A. CERTAIN OUTDOOR BUSINESSES"; and
325-3 (D) the references in the redesignated Sections
325-4 234.001, 234.003, and 234.004(a) to "chapter" are changed to
325-5 "subchapter";
325-6 (7) Subchapter D, Chapter 240, Local Government Code,
325-7 is redesignated as Subchapter B, Chapter 234, Local Government
325-8 Code, and:
325-9 (A) the heading of the redesignated subchapter
325-10 is changed to "SUBCHAPTER B. SLAUGHTERERS";
325-11 (B) the sections in the redesignated subchapter,
325-12 Sections 240.061-240.067, are redesignated as Sections
325-13 234.031-234.037; and
325-14 (C) the reference in the redesignated Sections
325-15 234.032 and 234.035 to "chapter" are changed to "subchapter";
325-16 (8) Chapter 236, Local Government Code, is
325-17 redesignated as Chapter 235, Local Government Code, and:
325-18 (A) the heading of the redesignated chapter is
325-19 changed to "CHAPTER 235. COUNTY REGULATION OF MATTERS RELATING TO
325-20 EXPLOSIVES AND WEAPONS";
325-21 (B) the sections in the redesignated chapter,
325-22 Sections 236.001-236.006, are designated as Subchapter A, Chapter
325-23 235, Local Government Code, and are redesignated as Sections
325-24 235.001-235.006;
325-25 (C) a heading for the subchapter is added to
325-26 read "SUBCHAPTER A. EXPLOSIVES"; and
325-27 (D) the references in the redesignated Sections
326-1 235.001, 235.002, 235.003(a)-(c), 235.004, 235.005, and 235.006(a)
326-2 to "chapter" are changed to "subchapter";
326-3 (9) Subchapter B, Chapter 240, Local Government Code,
326-4 is redesignated as Subchapter B, Chapter 235, Local Government
326-5 Code, and:
326-6 (A) the heading of the redesignated subchapter
326-7 is changed to "SUBCHAPTER B. FIREARMS"; and
326-8 (B) the sections in the redesignated chapter,
326-9 Sections 240.021-240.025, are redesignated as Sections
326-10 235.021-235.025;
326-11 (10) Subchapter C, Chapter 240, Local Government Code,
326-12 is redesignated as Subchapter C, Chapter 235, Local Government
326-13 Code, and:
326-14 (A) the heading of the redesignated subchapter
326-15 is changed to "SUBCHAPTER C. BOWS AND ARROWS"; and
326-16 (B) the sections in the redesignated chapter,
326-17 Sections 240.041-240.045, are redesignated as Sections
326-18 235.041-235.045; and
326-19 (11) existing Chapter 234, Local Government Code, is
326-20 redesignated as Subchapter B, Chapter 240, Local Government Code,
326-21 and:
326-22 (A) the heading of the redesignated subchapter
326-23 is changed to "SUBCHAPTER B. OUTDOOR LIGHTING NEAR OBSERVATORIES";
326-24 (B) the sections in the redesignated subchapter,
326-25 Sections 234.001-234.005, are redesignated as Sections
326-26 240.031-240.035; and
326-27 (C) the references in the redesignated Sections
327-1 240.031, 240.032(d), 240.034, and 240.035(a) and (b) to "chapter"
327-2 are changed to "subchapter".
327-3 SECTION 12.004. The following changes are made to Chapter
327-4 352, Local Government Code, for organizational purposes:
327-5 (1) Subchapter C is added to Chapter 352 with a
327-6 subchapter heading to read "SUBCHAPTER C. FIREWORKS", and Section
327-7 240.904, Local Government Code, is made a part of Subchapter C and
327-8 is redesignated as Section 352.051, Local Government Code; and
327-9 (2) Subchapter D is added to Chapter 352 with a
327-10 subchapter heading to read "SUBCHAPTER D. OUTDOOR BURNING", and
327-11 Section 240.906, Local Government Code, as added by Chapter 1435,
327-12 Acts of the 76th Legislature, Regular Session, 1999, is made a part
327-13 of Subchapter D and is redesignated as Section 352.081, Local
327-14 Government Code.
327-15 PART 2. OTHER CHANGES RELATING
327-16 TO LOCAL GOVERNMENT CODE
327-17 SECTION 12.101. Sections 43.032, 43.0566, 43.133, 43.134,
327-18 43.135, and 43.904, Local Government Code, are repealed as
327-19 obsolete.
327-20 SECTION 12.102. Section 43.079, Local Government Code, is
327-21 amended to clarify a reference to read as follows:
327-22 Sec. 43.079. CONSENT REQUIREMENT FOR ANNEXATION OF AREA IN
327-23 CERTAIN CONSERVATION AND RECLAMATION DISTRICTS. (a) This section
327-24 applies only to a conservation and reclamation district, including
327-25 a municipal utility district, that:
327-26 (1) is located wholly in more than one municipality,
327-27 but on April 1, 1971, was not wholly in more than one municipality;
328-1 (2) was created or exists under Section 59, Article
328-2 XVI, Texas Constitution;
328-3 (3) provides or has provided a fresh water supply,
328-4 sanitary sewer services, and drainage services; and
328-5 (4) was not, on April 1, 1971, a party to a contract
328-6 providing for a federal grant for research and development under 33
328-7 U.S.C. Sections 1155(a)(2) and (d).
328-8 (b) A municipality that has annexed area in the district
328-9 [described by Section 43.077(a)] is not required to obtain the
328-10 consent of any municipality to annex additional area located wholly
328-11 in the district other than the consent of the other municipalities
328-12 that have annexed area in the district and have extraterritorial
328-13 jurisdiction over the area proposed to be annexed.
328-14 SECTION 12.103. Section 113.007, Local Government Code, is
328-15 repealed to conform to Section 5, Chapter 402, Acts of the 74th
328-16 Legislature, Regular Session, 1995.
328-17 SECTION 12.1031. Section 141.009(a), Local Government Code,
328-18 is amended to correct a reference to read as follows:
328-19 (a) In this chapter, "member of the fire department" means
328-20 an employee of the fire department who is defined as "fire
328-21 protection personnel" by Section 419.021 [416.001], Government
328-22 Code[, as amended by S.B. 223, Acts of the 71st Legislature,
328-23 Regular Session, 1989].
328-24 SECTION 12.1032. Section 142.010(a), Local Government Code,
328-25 is amended to correct a reference to read as follows:
328-26 (a) In this chapter, "member of the fire department" means
328-27 an employee of the fire department who is defined as "fire
329-1 protection personnel" by Section 419.021 [416.001], Government
329-2 Code[, as amended by S.B. 223, Acts of the 71st Legislature,
329-3 Regular Session, 1989].
329-4 SECTION 12.104. Section 214.0011(f), Local Government Code,
329-5 is amended to correct a reference to read as follows:
329-6 (f) A municipality has the same authority to assess expenses
329-7 under this section as it has to assess expenses under Section
329-8 214.001(n) [214.001(f)]. A lien is created under this section in
329-9 the same manner that a lien is created under Section 214.001(n)
329-10 [214.001(f)] and is subject to the same conditions as a lien
329-11 created under that section.
329-12 SECTION 12.105. Section 214.0015(b), Local Government Code,
329-13 is amended to correct a reference to read as follows:
329-14 (b) In addition to the authority granted to the municipality
329-15 by Section 214.001, after the expiration of the time allotted under
329-16 Section 214.001(d) [214.001(c)] or (e) [(d)] for the repair,
329-17 removal, or demolition of a building, the municipality may:
329-18 (1) repair the building at the expense of the
329-19 municipality and assess the expenses on the land on which the
329-20 building stands or to which it is attached and may provide for that
329-21 assessment, the mode and manner of giving notice, and the means of
329-22 recovering the repair expenses; or
329-23 (2) assess a civil penalty against the property owner
329-24 for failure to repair, remove, or demolish the building and provide
329-25 for that assessment, the mode and manner of giving notice, and the
329-26 means of recovering the assessment.
329-27 SECTION 12.106. Sections 214.003(b) and (d), Local Government
330-1 Code, are amended to correct a reference to read as follows:
330-2 (b) Except as provided by Subsection (c), the court may
330-3 appoint as a receiver for the property a nonprofit organization
330-4 with a demonstrated record of rehabilitating residential properties
330-5 if the court finds that:
330-6 (1) the structures on the property are in violation of
330-7 the standards set forth in Section 214.001(b) and an ordinance
330-8 described by Subsection (a);
330-9 (2) notice of violation was given to the record owner
330-10 of the property; and
330-11 (3) a public hearing as required by Section 214.001(d)
330-12 [214.001(c)] has been conducted.
330-13 (d) For the purposes of this section, if the record owner
330-14 does not appear at the hearing required by Section 214.001(d)
330-15 [214.001(c)], the hearing shall be conducted as if the owner had
330-16 personally appeared.
330-17 SECTION 12.107. Section 214.101(c), Local Government Code, is
330-18 amended to correct a reference to read as follows:
330-19 (c) A municipality may require the owner of the property on
330-20 which the swimming pool or enclosure or fence is situated, after
330-21 notice and hearing as provided in Sections 214.001(d) [214.001(c)]
330-22 and (e) [(d)], to repair, replace, secure, or otherwise remedy an
330-23 enclosure or fence of a swimming pool that the municipality or an
330-24 appropriate municipal official, agent, or employee determines
330-25 violates the minimum standards adopted under this subchapter.
330-26 SECTION 12.108. Section 214.902, Local Government Code, is
330-27 amended to correct a reference to read as follows:
331-1 Sec. 214.902. RENT CONTROL. (a) The governing body of a
331-2 municipality may, by ordinance, establish rent control if:
331-3 (1) the governing body finds that a housing emergency
331-4 exists due to a disaster as defined by Section 418.004, Government
331-5 Code [4(1), Texas Disaster Act of 1975 (Article 6889-7, Vernon's
331-6 Texas Civil Statutes)]; and
331-7 (2) the governor approves the ordinance.
331-8 (b) The governing body shall continue or discontinue rent
331-9 control in the same manner that the governor continues or
331-10 discontinues a state of disaster under Section 418.014, Government
331-11 Code [5(d), Texas Disaster Act of 1975].
331-12 SECTION 12.109. (a) Section 272.001(j), Local Government
331-13 Code, as added by Section 1 of Chapter 296 and Section 1 of Chapter
331-14 451, Acts of the 76th Legislature, Regular Session, 1999, is
331-15 reenacted to read as follows:
331-16 (j) A political subdivision may donate, exchange, convey,
331-17 sell, or lease land, improvements, or any other interest in real
331-18 property to an institution of higher education, as that term is
331-19 defined by Section 61.003, Education Code, to promote a public
331-20 purpose related to higher education. The political subdivision
331-21 shall determine the terms and conditions of the transaction so as
331-22 to effectuate and maintain the public purpose. A political
331-23 subdivision may donate, exchange, convey, sell, or lease the real
331-24 property interest for less than its fair market value and without
331-25 complying with the notice and bidding requirements of Subsection
331-26 (a).
331-27 (b) Section 272.001(j), Local Government Code, as added by
332-1 Section 43, Chapter 405, Acts of the 76th Legislature, Regular
332-2 Session, 1999, is redesignated as Section 272.001(k).
332-3 SECTION 12.110. Section 383.027, Local Government Code, is
332-4 amended and reenacted to conform to Section 1, Chapter 1199, Acts
332-5 of the 75th Legislature, Regular Session, 1997, to read as follows:
332-6 Sec. 383.027. GRANTING OR REFUSING PETITION. (a) After the
332-7 hearing, if the commissioners court finds that the petition
332-8 conforms to the requirements of Section 383.022 and that the
332-9 creation of the district and the proposed project is feasible and
332-10 necessary and would serve the public purpose of attracting visitors
332-11 or [and] tourists to the county, the commissioners court may
332-12 [shall] make that finding and enter an order creating the district.
332-13 (b) The order creating the district may specify the cost to
332-14 the county of publishing notice and conducting hearings for the
332-15 creation of the district together with the cost of conducting the
332-16 confirmation and sales and use tax election. The county may
332-17 require the petitioner to pay to the county the amounts specified
332-18 in the order creating the district at the time the order becomes
332-19 final.
332-20 (c) [(b)] If the commissioners court finds that the petition
332-21 does not conform to the requirements of Section 383.022 or that the
332-22 creation of the district and the proposed project is not feasible
332-23 and necessary and would not serve the purpose of attracting
332-24 visitors and tourists to the county, the commissioners court shall
332-25 make that finding in an order and deny the petition.
332-26 SECTION 12.111. The following are repealed as executed law:
332-27 (1) Chapter 129, Acts of the 71st Legislature, Regular
333-1 Session, 1989 (Article 974c-8, Vernon's Texas Civil Statutes);
333-2 (2) Chapter 136, Acts of the 70th Legislature, Regular
333-3 Session, 1987 (Article 974d-36, Vernon's Texas Civil Statutes);
333-4 (3) Article 974d-37, Revised Statutes;
333-5 (4) Chapter 128, Acts of the 71st Legislature, Regular
333-6 Session, 1989 (Article 974d-38, Vernon's Texas Civil Statutes);
333-7 (5) Article 974d-39, Revised Statutes;
333-8 (6) Article 974d-40, Revised Statutes;
333-9 (7) Article 974d-42, Revised Statutes;
333-10 (8) Article 974d-43, Revised Statutes;
333-11 (9) Article 974d-44, Revised Statutes;
333-12 (10) Chapter 676, Acts of the 70th Legislature,
333-13 Regular Session, 1987 (Article 1174f, Vernon's Texas Civil
333-14 Statutes); and
333-15 (11) Chapter 680, Acts of the 71st Legislature,
333-16 Regular Session, 1989 (Article 1174g, Vernon's Texas Civil
333-17 Statutes).
333-18 (Article 13 reserved)
333-19 ARTICLE 14. CHANGES RELATING TO OCCUPATIONS CODE
333-20 PART 1. CHANGES RELATING TO TITLE 2, OCCUPATIONS CODE
333-21 SECTION 14.001. (a) Title 2, Occupations Code, is amended to
333-22 conform to Section 1, Chapter 314, Acts of the 76th Legislature,
333-23 Regular Session, 1999, by adding Chapter 56 to read as follows:
333-24 CHAPTER 56. INFORMATION RELATING TO LICENSING
333-25 Sec. 56.001. CONFIDENTIALITY OF SOCIAL SECURITY NUMBER. The
333-26 social security number of an applicant for or holder of a license,
333-27 certificate of registration, or other legal authorization issued by
334-1 a licensing agency to practice in a specific occupation or
334-2 profession that is provided to the licensing agency is confidential
334-3 and not subject to disclosure under Chapter 552, Government Code.
334-4 (b) Section 1, Chapter 314, Acts of the 76th Legislature,
334-5 Regular Session, 1999, is repealed.
334-6 PART 2. CHANGES RELATING TO SUBTITLE A, TITLE 3,
334-7 OCCUPATIONS CODE
334-8 SECTION 14.011. (a) Section 101.203, Occupations Code, is
334-9 amended to conform to Section 2, Chapter 1271, Acts of the 76th
334-10 Legislature, Regular Session, 1999, to read as follows:
334-11 Sec. 101.203. OVERCHARGING OR OVERTREATING. A health care
334-12 professional may not violate Section 311.0025, Health and Safety
334-13 Code [persistently or flagrantly overcharge or overtreat a
334-14 patient].
334-15 (b) Section 2, Chapter 1271, Acts of the 76th Legislature,
334-16 Regular Session, 1999, is repealed.
334-17 PART 3. CHANGES RELATING TO SUBTITLE B, TITLE 3,
334-18 OCCUPATIONS CODE
334-19 SECTION 14.021. (a) Section 151.002(a), Occupations Code,
334-20 is amended to conform to Section 1, Chapter 908, Acts of the 76th
334-21 Legislature, Regular Session, 1999, and Section 1, Chapter 693,
334-22 Acts of the 76th Legislature, Regular Session, 1999, by amending
334-23 Subdivisions (5) and (8) to read as follows:
334-24 (5) "Health care entity" means:
334-25 (A) a hospital licensed under Chapter 241 or
334-26 577, Health and Safety Code;
334-27 (B) an entity, including a health maintenance
335-1 organization, group medical practice, nursing home, health science
335-2 center, university medical school, hospital district, hospital
335-3 authority, or other health care facility, that:
335-4 (i) provides or pays for medical care or
335-5 health care services; and
335-6 (ii) follows a formal peer review process
335-7 to further quality medical care or health care;
335-8 (C) a professional society or association of
335-9 physicians, or a committee of such a society or association, that
335-10 follows a formal peer review process to further quality medical
335-11 care or health care; or
335-12 (D) an organization established by a
335-13 professional society or association of physicians, hospitals, or
335-14 both, that:
335-15 (i) collects and verifies the authenticity
335-16 of documents and other information concerning the qualifications,
335-17 competence, or performance of licensed health care professionals;
335-18 and
335-19 (ii) acts as a health care facility's
335-20 agent under the Health Care Quality Improvement Act of 1986 (42
335-21 U.S.C. Section 11101 et seq.).
335-22 (8) "Medical peer review committee" or "professional
335-23 review body" means a committee of a health care entity, the
335-24 governing board of a health care entity, or the medical staff of a
335-25 health care entity, that operates under written bylaws approved by
335-26 the policy-making body or the governing board of the health care
335-27 entity and is authorized to evaluate the quality of medical and
336-1 health care services or the competence of physicians, including
336-2 evaluation of the performance of those functions specified by
336-3 Section 85.204, Health and Safety Code. The term includes:
336-4 (A) an employee or agent of the committee,
336-5 including an assistant, investigator, intervenor, attorney, and any
336-6 other person or organization that serves the committee; and
336-7 (B) the governing body of a public hospital
336-8 owned or operated by a governmental entity, the governing body of a
336-9 hospital authority created under Chapter 262 or 264, Health and
336-10 Safety Code, and the governing body of a hospital district created
336-11 under Article IX, Texas Constitution, but only:
336-12 (i) in relation to the governing body's
336-13 evaluation of the competence of a physician or the quality of
336-14 medical and health care services provided by the public hospital,
336-15 hospital authority, or hospital district; and
336-16 (ii) to the extent that the evaluation
336-17 under Subparagraph (i) involves discussions or records that
336-18 specifically or necessarily identify an individual patient or
336-19 physician.
336-20 (b) Section 1, Chapter 908, Acts of the 76th Legislature,
336-21 Regular Session, 1999, and Section 1, Chapter 693, Acts of the 76th
336-22 Legislature, Regular Session, 1999, are repealed.
336-23 SECTION 14.022. (a) Section 151.056(b), Occupations Code,
336-24 is amended to conform to Section 1, Chapter 1044, Acts of the 76th
336-25 Legislature, Regular Session, 1999, to read as follows:
336-26 (b) This section does not apply to the act of:
336-27 (1) a medical specialist located in another
337-1 jurisdiction who provides only episodic consultation services on
337-2 request to a physician licensed in this state who practices in the
337-3 same medical specialty;
337-4 (2) a physician located in another jurisdiction who is
337-5 providing consultation services to a medical school as defined by
337-6 Section 61.501, Education Code; [or]
337-7 (3) a physician located in another jurisdiction who is
337-8 providing consultation services to an institution subject to:
337-9 (A) Subchapter C, Chapter 73, Education Code; or
337-10 (B) Subchapter K, Chapter 74, Education Code; or
337-11 (4) a physician located in another jurisdiction of a
337-12 state having borders contiguous with the borders of this state who
337-13 is the treating physician of a patient and orders home health or
337-14 hospice services for a resident of this state to be delivered by a
337-15 home and community support services agency licensed in this state.
337-16 (b) Section 1, Chapter 1044, Acts of the 76th Legislature,
337-17 Regular Session, 1999, is repealed.
337-18 SECTION 14.023. (a) Sections 153.008(b)-(d), Occupations
337-19 Code, are amended to conform to Section 1, Chapter 1262, Acts of
337-20 the 76th Legislature, Regular Session, 1999, to read as follows:
337-21 (b) [For each license applicant, the board shall also
337-22 maintain a record that shows:]
337-23 [(1) the name, age, and place and duration of
337-24 residence of the applicant;]
337-25 [(2) the time spent by the applicant in medical study,
337-26 including the respective medical schools; and]
337-27 [(3) the years and schools from which degrees were
338-1 granted to the applicant.]
338-2 [(c)] The board's records [record maintained under
338-3 Subsection (b)] must indicate whether an applicant was issued or
338-4 denied a license. The record constitutes prima facie evidence of
338-5 each matter contained in the record.
338-6 (c) [(d)] A certified copy of a record maintained under this
338-7 section, under the hand and seal of the executive director
338-8 [secretary-treasurer] of the board, is admissible in evidence in
338-9 all courts.
338-10 (b) Section 155.008, Occupations Code, is amended to conform
338-11 to Section 1, Chapter 1262, Acts of the 76th Legislature, Regular
338-12 Session, 1999, to read as follows:
338-13 Sec. 155.008. CRIMINAL RECORD CHECK. The board may [shall]
338-14 submit to the Department of Public Safety a complete set of
338-15 fingerprints of each license applicant, and the department shall
338-16 classify and check the fingerprints against those in the
338-17 department's fingerprint records. The department shall certify to
338-18 the board its findings regarding the criminal record of the
338-19 applicant or the applicant's lack of a criminal record.
338-20 (c) Subchapter C, Chapter 155, Occupations Code, is amended
338-21 to conform to Section 1, Chapter 1262, Acts of the 76th
338-22 Legislature, Regular Session, 1999, by adding Section 155.107 to
338-23 read as follows:
338-24 Sec. 155.107. CERTIFICATION OF EXAMINATION GRADES. On the
338-25 request of a license holder, the board shall issue certification of
338-26 state board examination grades to the Federation of State Medical
338-27 Boards of the United States. The board shall charge a reasonable
339-1 fee for the issuance.
339-2 (d) Section 153.006(c), Occupations Code, is repealed to
339-3 conform to Section 1, Chapter 1262, Acts of the 76th Legislature,
339-4 Regular Session, 1999.
339-5 (e) Section 1, Chapter 1262, Acts of the 76th Legislature,
339-6 Regular Session, 1999, is repealed.
339-7 SECTION 14.024. (a) The heading of Subchapter B, Chapter
339-8 153, Occupations Code, is amended to conform more closely to the
339-9 law contained in the subchapter to read as follows:
339-10 SUBCHAPTER B. FEES AND[;] FUNDS[; AUDIT]
339-11 (b) Section 153.051, Occupations Code, is amended to conform
339-12 to Section 3, Chapter 1262, Acts of the 76th Legislature, Regular
339-13 Session, 1999, and Section 3, Chapter 1275, Acts of the 76th
339-14 Legislature, Regular Session, 1999, by adding Subsection (d) to
339-15 read as follows:
339-16 (d) The board may not set, charge, collect, receive, or
339-17 deposit any of the following fees in excess of:
339-18 (1) $900 for a license;
339-19 (2) $200 for a first annual registration permit;
339-20 (3) $200 for a temporary license;
339-21 (4) $200 for renewal of an annual registration permit;
339-22 (5) $200 for a physician-in-training permit;
339-23 (6) $300 for the processing of an application and the
339-24 issuance of an annual registration for anesthesia in an outpatient
339-25 setting;
339-26 (7) $200 for an endorsement to other state medical
339-27 boards;
340-1 (8) $200 for a duplicate license; or
340-2 (9) $700 for a reinstated license after cancellation
340-3 for cause.
340-4 (c) Section 153.052, Occupations Code, is amended to conform
340-5 to Section 3, Chapter 1262, Acts of the 76th Legislature, Regular
340-6 Session, 1999, to read as follows:
340-7 Sec. 153.052. DEPOSIT AND EXPENDITURE OF RECEIPTS [MEDICAL
340-8 LICENSING FUND ACCOUNT]. (a) The [medical licensing fund account
340-9 is an account in the general revenue fund. Unless otherwise
340-10 provided by this subtitle, the] board shall deposit all receipts
340-11 collected [each fee, charge, and penalty received] by the board in
340-12 the state treasury [to the credit of the medical licensing fund
340-13 account].
340-14 (b) The money collected by the board may be spent only as
340-15 provided by the General Appropriations Act, this subtitle, or other
340-16 applicable law for the:
340-17 (1) enforcement of this subtitle;
340-18 (2) prohibition of the unlawful practice of medicine;
340-19 (3) dissemination of information to prevent the
340-20 violation of the laws; and
340-21 (4) prosecution of those who violate the laws.
340-22 (c) Distributions may be made only on the written approval
340-23 of the executive director of the board or the executive director's
340-24 designated representative.
340-25 (d) Section 153.054, Occupations Code, is amended to conform
340-26 to Section 3, Chapter 1262, Acts of the 76th Legislature, Regular
340-27 Session, 1999, to read as follows:
341-1 Sec. 153.054. CHARGES FOR CERTAIN RECORDS AND OTHER
341-2 MATERIAL. The board may set and collect a fee [in an amount
341-3 sufficient to reimburse the board for the actual expense incurred]
341-4 for:
341-5 (1) each copy made of a record in the office of
341-6 [maintained by] the board; or
341-7 (2) any [printed] material published by the board.
341-8 (e) Section 3, Chapter 1262, Acts of the 76th Legislature,
341-9 Regular Session, 1999, is repealed.
341-10 (f) Section 3, Chapter 1275, Acts of the 76th Legislature,
341-11 Regular Session, 1999, is repealed.
341-12 SECTION 14.025. (a) Section 153.053, Occupations Code, is
341-13 amended to conform to Section 4, Chapter 1262, Acts of the 76th
341-14 Legislature, Regular Session, 1999, to read as follows:
341-15 Sec. 153.053. SURCHARGE FOR [DISPOSITION OF] CERTAIN FEES.
341-16 (a) The board shall collect an additional $200 surcharge for each
341-17 of the following fees [This section applies to each fee assessed
341-18 for]:
341-19 (1) [processing an application for and administering a
341-20 partial or complete] license [examination];
341-21 (2) first [processing an application for and issuing
341-22 an] annual registration permit [receipt of a license holder];
341-23 (3) renewal of annual registration permit [processing
341-24 and granting a license by reciprocity to a license holder of
341-25 another state]; and
341-26 (4) [processing an application for] reinstatement of a
341-27 [and issuing a reinstated] license after [a lapse or] cancellation
342-1 for cause [of a license].
342-2 (b) Of each surcharge [fee] collected, the board shall
342-3 deposit $50 to the credit of the foundation school fund and $150 to
342-4 the credit of the general revenue fund.
342-5 (b) Section 4, Chapter 1262, Acts of the 76th Legislature,
342-6 Regular Session, 1999, is repealed.
342-7 SECTION 14.026. (a) Subchapter A, Chapter 154, Occupations
342-8 Code, is amended to conform to Section 2, Chapter 645, Acts of the
342-9 76th Legislature, Regular Session, 1999, by adding Section 154.006
342-10 to read as follows:
342-11 Sec. 154.006. PHYSICIAN PROFILES. (a) The board shall
342-12 create a profile of each physician licensed under this subtitle.
342-13 The profile must:
342-14 (1) include the information required by Subsection
342-15 (b); and
342-16 (2) be compiled in a format that permits the board to
342-17 make the information contained in the profile available to the
342-18 public.
342-19 (b) A profile must contain the following information on each
342-20 physician:
342-21 (1) the name of each medical school attended and the
342-22 dates of:
342-23 (A) graduation; or
342-24 (B) Fifth Pathway designation and completion of
342-25 the Fifth Pathway Program;
342-26 (2) a description of all graduate medical education in
342-27 the United States or Canada;
343-1 (3) any specialty certification held by the physician
343-2 and issued by a medical licensing board that is a member of the
343-3 American Board of Medical Specialties or the Bureau of Osteopathic
343-4 Specialists;
343-5 (4) the number of years the physician has actively
343-6 practiced medicine in:
343-7 (A) the United States or Canada; and
343-8 (B) this state;
343-9 (5) the name of each hospital in this state in which
343-10 the physician has privileges;
343-11 (6) the physician's primary practice location;
343-12 (7) the type of language translating services,
343-13 including translating services for a person with impairment of
343-14 hearing, that the physician provides at the physician's primary
343-15 practice location;
343-16 (8) whether the physician participates in the Medicaid
343-17 program;
343-18 (9) a description of any conviction for a felony, a
343-19 Class A or Class B misdemeanor, or a Class C misdemeanor involving
343-20 moral turpitude during the 10-year period preceding the date of the
343-21 profile;
343-22 (10) a description of any charges reported to the
343-23 board during the 10-year period preceding the date of the profile
343-24 to which the physician has pleaded no contest, for which the
343-25 physician is the subject of deferred adjudication or pretrial
343-26 diversion, or in which sufficient facts of guilt were found and the
343-27 matter was continued by a court;
344-1 (11) a description of any disciplinary action against
344-2 the physician by the board during the 10-year period preceding the
344-3 date of the profile;
344-4 (12) a description of any disciplinary action against
344-5 the physician by a medical licensing board of another state during
344-6 the 10-year period preceding the date of the profile;
344-7 (13) a description of the final resolution taken by
344-8 the board on medical malpractice claims or complaints required to
344-9 be opened by the board under Section 164.201;
344-10 (14) whether the physician's patient service areas are
344-11 accessible to disabled persons, as defined by federal law; and
344-12 (15) a description of any formal complaint against the
344-13 physician initiated and filed under Section 164.005 and the status
344-14 of the complaint.
344-15 (c) Information required to be included under Subsection (b)
344-16 that is not maintained by the board in the ordinary course of the
344-17 board's duties shall be obtained from a physician at the time the
344-18 physician renews the physician's license. In requesting
344-19 information from the physician, the board shall:
344-20 (1) inform the physician that compliance with the
344-21 request for information is mandatory;
344-22 (2) inform the physician of the date the information
344-23 will be made available to the public; and
344-24 (3) instruct the physician about the requirements
344-25 under Subsection (f) for the physician to obtain a copy of the
344-26 physician's profile to make corrections.
344-27 (d) This section does not:
345-1 (1) prevent the board from providing explanatory
345-2 information regarding the significance of categories in which
345-3 malpractice settlements are reported; or
345-4 (2) require the board to disclose confidential
345-5 settlement information.
345-6 (e) A pending malpractice claim or complaint, other than a
345-7 claim disclosed under Subsection (b)(13), may not be disclosed to
345-8 the public by the board. This subsection does not prevent the
345-9 board from investigating and disciplining a physician on the basis
345-10 of a pending medical malpractice claim or complaint.
345-11 (f) The board shall provide a physician with a copy of the
345-12 physician's profile if the physician requests a copy at the time
345-13 the physician renews the physician's license. If a copy is
345-14 requested by a physician, the board shall provide the physician one
345-15 month from the date the copy is provided to the physician to
345-16 correct factual errors in the physician's profile.
345-17 (g) The board shall update the information contained in a
345-18 physician's profile annually. The board shall adopt a form that
345-19 allows a physician to update information contained in a physician's
345-20 profile. The form shall be made available on the Internet and in
345-21 other formats as prescribed by board rule. The board may adopt
345-22 rules concerning the type and content of additional information
345-23 that may be included in a physician's profile.
345-24 (h) The board shall adopt rules as necessary to implement
345-25 this section.
345-26 (b) Section 2, Chapter 645, Acts of the 76th Legislature,
345-27 Regular Session, 1999, is repealed.
346-1 SECTION 14.027. (a) Section 155.002, Occupations Code, is
346-2 amended to conform to Section 2, Chapter 1262, Acts of the 76th
346-3 Legislature, Regular Session, 1999, and Section 1, Chapter 874,
346-4 Acts of the 76th Legislature, Regular Session, 1999, to read as
346-5 follows:
346-6 Sec. 155.002. ISSUANCE OF LICENSE. The board, at its sole
346-7 discretion, may issue a license to practice medicine to a person
346-8 who:
346-9 (1) submits to the board a license application as
346-10 required by this chapter;
346-11 (2) presents satisfactory proof that the person meets
346-12 the eligibility requirements established by this chapter; and
346-13 (3) satisfies the examination requirements of Section
346-14 155.051 [satisfactorily completes an examination or reexamination
346-15 conducted under this chapter].
346-16 (b) Section 155.003, Occupations Code, is amended to conform
346-17 to Section 2, Chapter 1262, Acts of the 76th Legislature, Regular
346-18 Session, 1999, to read as follows:
346-19 Sec. 155.003. GENERAL ELIGIBILITY REQUIREMENTS. (a) To be
346-20 eligible for [to take the license examination and to be issued] a
346-21 license under this chapter, an applicant must present proof
346-22 satisfactory to the board that the applicant:
346-23 (1) is at least 21 years of age;
346-24 (2) is of good professional character and has not
346-25 violated Section 164.051, 164.052, or 164.053;
346-26 (3) has completed:
346-27 (A) at least 60 semester hours of college
347-1 courses, other than courses in medical school, that are [at the
347-2 time of completion were] acceptable to The University of Texas at
347-3 Austin for credit on a bachelor of arts degree or a bachelor of
347-4 science degree;
347-5 (B) the entire primary, secondary, and
347-6 premedical education required in the country of medical school
347-7 graduation, if the medical school is located outside the United
347-8 States or Canada; or
347-9 (C) substantially equivalent courses as
347-10 determined by board rule;
347-11 (4) is a graduate of a medical [or osteopathic] school
347-12 located in the United States or Canada and [or college] approved by
347-13 the board [at the time the degree was conferred]; [and]
347-14 (5) has either:
347-15 (A) successfully completed one year [a one-year
347-16 program] of graduate medical training approved by the board in the
347-17 United States or Canada; or
347-18 (B) graduated from a medical school located
347-19 outside the United States or Canada and has successfully completed
347-20 three years of graduate medical training approved by the board in
347-21 the United States or Canada;
347-22 (6) has passed within three attempts an examination
347-23 accepted or administered by the board, except as provided by
347-24 Section 155.056; and
347-25 (7) has passed a Texas medical jurisprudence
347-26 examination as determined by board rule.
347-27 (b) All [An applicant is eligible for examination before the
348-1 applicant meets the requirement established by Subsection (a)(5)
348-2 but is not eligible for an unrestricted license until all the
348-3 requirements of Subsection (a) are satisfied.]
348-4 [(c) To be recognized by the board for the purposes of this
348-5 chapter, all] medical or osteopathic medical education an applicant
348-6 receives in the United States must be accredited by an accrediting
348-7 body officially recognized by the United States Department of
348-8 Education as the accrediting body for medical education leading to
348-9 the doctor of medicine degree or the doctor of osteopathy degree.
348-10 This subsection does not apply to postgraduate medical education or
348-11 training.
348-12 (c) [(d)] An applicant who is unable to meet the requirement
348-13 established by Subsection (b) may be [(c) for recognition of the
348-14 applicant's medical or osteopathic medical education is] eligible
348-15 for an unrestricted license if the applicant:
348-16 (1) received medical [the] education in a hospital or
348-17 teaching institution sponsoring or participating in a program of
348-18 graduate medical education accredited by the Accreditation
348-19 [Accrediting] Council for Graduate Medical Education, the American
348-20 Osteopathic Association, or the board in the same subject as the
348-21 medical or osteopathic medical education as defined by board rule
348-22 [if the hospital or teaching institution has an agreement with the
348-23 applicant's school]; or
348-24 (2) is specialty board certified by a specialty board
348-25 approved by the American Osteopathic Association or the American
348-26 Board of Medical Specialties.
348-27 (d) In addition to the other requirements prescribed by this
349-1 subtitle, the board may require an applicant to comply with other
349-2 requirements that the board considers appropriate.
349-3 (e) An applicant is not eligible for a license if:
349-4 (1) the applicant holds a medical license that is
349-5 currently restricted for cause, canceled for cause, suspended for
349-6 cause, or revoked by a state, a province of Canada, or a uniformed
349-7 service of the United States;
349-8 (2) an investigation or a proceeding is instituted
349-9 against the applicant for the restriction, cancellation,
349-10 suspension, or revocation in a state, a province of Canada, or a
349-11 uniformed service of the United States; or
349-12 (3) a prosecution is pending against the applicant in
349-13 any state, federal, or Canadian court for any offense that under
349-14 the laws of this state is a felony or a misdemeanor that involves
349-15 moral turpitude.
349-16 (c) Subchapter A, Chapter 155, Occupations Code, is amended
349-17 to conform to Section 2, Chapter 1262, Acts of the 76th
349-18 Legislature, Regular Session, 1999, by adding Section 155.0031 to
349-19 read as follows:
349-20 Sec. 155.0031. APPLICATION PROCEDURES AND REQUIREMENTS. (a)
349-21 An application for a license must be in writing and on forms
349-22 prescribed by the board. The board may allow or require
349-23 applicants, by board rule, to use the Federation Credentials
349-24 Verification Service offered by the Federation of State Medical
349-25 Boards of the United States.
349-26 (b) The application forms must be accompanied by all fees,
349-27 documents, and photographs required by board rule.
350-1 (c) Applicants for a license must subscribe to an oath in
350-2 writing before an officer authorized by law to administer oaths.
350-3 The written oath is part of the application.
350-4 (d) An applicant must present proof satisfactory to the
350-5 board that each medical school attended is substantially equivalent
350-6 to a Texas medical school as determined by board rule.
350-7 (d) Section 155.004, Occupations Code, is amended to conform
350-8 to Section 2, Chapter 1262, Acts of the 76th Legislature, Regular
350-9 Session, 1999, to read as follows:
350-10 Sec. 155.004. ADDITIONAL ELIGIBILITY REQUIREMENTS FOR
350-11 GRADUATES OF CERTAIN FOREIGN MEDICAL SCHOOLS. A [(a) This section
350-12 applies only to a] license applicant who is a graduate of a medical
350-13 school that[:]
350-14 [(1)] is located outside the United States and
350-15 Canada[; and]
350-16 [(2) was not board approved at the time the
350-17 applicant's degree was conferred.]
350-18 [(b) To be eligible for a license under this chapter, an
350-19 applicant subject to this section] must[, in addition to meeting
350-20 the requirements of Section 155.003,] present proof satisfactory to
350-21 the board that the applicant:
350-22 (1) is a graduate of a school whose curriculum meets
350-23 the requirements for an unapproved medical school as determined by
350-24 a committee of experts selected by the Texas Higher Education
350-25 Coordinating Board;
350-26 (2) has successfully completed at least three years of
350-27 graduate medical training in the United States or Canada that was
351-1 approved by the board [on the date the training was completed];
351-2 (3) is eligible for a license to practice medicine in
351-3 the country in which the school is located, except for any
351-4 citizenship requirements;
351-5 (4) holds a valid certificate issued by the
351-6 Educational Commission for Foreign Medical Graduates; and
351-7 (5) is able to communicate in English[; and]
351-8 [(6) has passed the license examination under
351-9 Subchapter B required by the board of each applicant].
351-10 [(c) The board by rule may establish an alternate
351-11 educational requirement than that established by Section
351-12 155.003(a)(3) for an applicant subject to this section.]
351-13 [(d) The board by rule may require, in addition to other
351-14 license requirements, that an applicant who is subject to this
351-15 section, or the school of which the applicant is a graduate,
351-16 provide additional information to the board concerning the school
351-17 before the board approves the applicant.]
351-18 [(e) The board may refuse to issue a license to an applicant
351-19 subject to this section if the board determines that the applicant:]
351-20 [(1) does not possess the qualifications necessary to
351-21 provide the same standard of medical care as provided by a
351-22 physician licensed in this state; or]
351-23 [(2) failed to provide evidence to establish to the
351-24 board's satisfaction that the applicant completed medical education
351-25 or professional training substantially equivalent to that provided
351-26 by a medical school in this state.]
351-27 (e) Section 155.005(a), Occupations Code, is amended to
352-1 conform to Section 2, Chapter 1262, Acts of the 76th Legislature,
352-2 Regular Session, 1999, to read as follows:
352-3 (a) To be eligible for a license under this chapter, an
352-4 applicant who has been a student of a foreign medical school must
352-5 present proof satisfactory to the board that the applicant:
352-6 (1) meets the requirements of Section 155.003 [or
352-7 Section 155.101];
352-8 (2) has studied medicine in a medical school located
352-9 outside the United States and Canada that is acceptable to the
352-10 board;
352-11 (3) has completed all of the didactic work of the
352-12 foreign medical school but has not graduated from the school;
352-13 (4) has attained a score satisfactory to a medical
352-14 school in the United States approved by the Liaison Committee on
352-15 Medical Education on a qualifying examination and has
352-16 satisfactorily completed one academic year of supervised clinical
352-17 training for foreign medical students, as defined by the American
352-18 Medical Association Council on Medical Education (Fifth Pathway
352-19 Program), under the direction of the medical school in the United
352-20 States;
352-21 (5) has attained a passing score on the Educational
352-22 Commission for Foreign Medical Graduates examination or another
352-23 examination, if required by the board;
352-24 (6) has successfully completed at least three years of
352-25 graduate medical training in the United States or Canada that was
352-26 approved by the board as of the date the training was completed;
352-27 and
353-1 (7) has passed the license examination under
353-2 Subchapter B required by the board of each applicant.
353-3 (f) Sections 155.007(a) and (g), Occupations Code, are
353-4 amended to conform to Section 2, Chapter 1262, Acts of the 76th
353-5 Legislature, Regular Session, 1999, to read as follows:
353-6 (a) The executive director shall review each application for
353-7 a license [by examination or reciprocity] and shall:
353-8 (1) recommend to the board each applicant eligible for
353-9 a license; and
353-10 (2) report to the board the name of each applicant
353-11 determined to be ineligible for a license, together with the
353-12 reasons for that determination.
353-13 (g) Each report received or gathered by the board on a
353-14 license applicant is confidential and is not subject to disclosure
353-15 under Chapter 552, Government Code. The board may disclose a
353-16 report to an appropriate licensing authority in another state. The
353-17 board shall report all licensing actions to appropriate licensing
353-18 authorities in other states and to the Federation of State Medical
353-19 Boards of the United States.
353-20 (g) Section 155.051, Occupations Code, is amended to conform
353-21 to Section 2, Chapter 1262, Acts of the 76th Legislature, Regular
353-22 Session, 1999, and Section 1, Chapter 874, Acts of the 76th
353-23 Legislature, Regular Session, 1999, to read as follows:
353-24 Sec. 155.051. EXAMINATION REQUIRED. (a) Except as provided
353-25 by Subsection (b), an [Each] applicant for a license to practice
353-26 medicine in this state [not otherwise eligible for a license under
353-27 this subtitle] must pass each part of an examination described by
354-1 Section 155.0511(2), (3), (4), (6), or (7) within seven years
354-2 [approved by board rule].
354-3 (b) An applicant who is a graduate of a program designed to
354-4 lead to both a doctor of philosophy degree and a doctor of medicine
354-5 degree or doctor of osteopathy degree must pass each part of an
354-6 examination described by Section 155.0511(2), (3), (4), (6), or (7)
354-7 not later than the second anniversary of the date the applicant was
354-8 awarded a doctor of medicine degree or doctor of osteopathy degree.
354-9 (h) Subchapter B, Chapter 155, Occupations Code, is amended
354-10 to conform to Section 2, Chapter 1262, Acts of the 76th
354-11 Legislature, Regular Session, 1999, and Section 1, Chapter 874,
354-12 Acts of the 76th Legislature, Regular Session, 1999, by adding
354-13 Section 155.0511 to read as follows:
354-14 Sec. 155.0511. EXAMINATIONS ADMINISTERED OR ACCEPTED BY
354-15 BOARD. The board may administer or accept the following
354-16 examinations for licensing as determined by rule:
354-17 (1) a state board licensing examination;
354-18 (2) the Medical Council of Canada Examination (LMCC)
354-19 or its successor;
354-20 (3) the National Board of Osteopathic Medical
354-21 Examiners (NBOME) examination or its successor;
354-22 (4) the National Board of Medical Examiners (NBME)
354-23 examination or its successor;
354-24 (5) the Federation Licensing Examination (FLEX) with a
354-25 weighted average in one sitting before June 1985;
354-26 (6) the Federation Licensing Examination (FLEX) after
354-27 May 1985;
355-1 (7) the United States Medical Licensing Examination
355-2 (USMLE) or its successor;
355-3 (8) a combination of the examinations described by
355-4 Subdivisions (3) and (6) as determined by board rule; or
355-5 (9) a combination of the examinations described by
355-6 Subdivisions (4), (6), and (7) as determined by board rule.
355-7 (i) Section 155.052, Occupations Code, is amended to conform
355-8 to Section 2, Chapter 1262, Acts of the 76th Legislature, Regular
355-9 Session, 1999, and Section 1, Chapter 874, Acts of the 76th
355-10 Legislature, Regular Session, 1999, to read as follows:
355-11 Sec. 155.052. GENERAL EXAMINATION PROCEDURES. (a) Each
355-12 examination administered to evaluate basic medical knowledge and
355-13 clinical competency [for a license to practice medicine] must be
355-14 prepared by a national testing service or [prepared by] the board
355-15 and validated by qualified independent testing professionals. The
355-16 examination must be [conducted] in writing and in English.
355-17 (b) A license examination must be entirely [uniform and
355-18 conducted in a] fair and impartial [manner] to all persons and to
355-19 each school or system of medicine. [Each license applicant who
355-20 takes an examination must be given questions identical to those
355-21 received by each other applicant examined at the same time.]
355-22 (c) An applicant who wishes to request reasonable
355-23 accommodations due to a disability must submit the request on
355-24 filing the application. [The board may give the license
355-25 examination in two or more parts.]
355-26 (d) The board by rule shall determine the passing grade for
355-27 each examination used by the board [credit to be given a license
356-1 applicant on answers turned in on the subjects of complete and
356-2 partial examination. The board's decision is final].
356-3 (e) [The board may establish examination fees.]
356-4 [(f)] The board shall give each license applicant notice of
356-5 the date and place of the examination, if administered by the
356-6 board.
356-7 [(g) In addition to the requirements prescribed by this
356-8 subchapter, the board may require applicants to comply with other
356-9 requirements for examination that the board considers appropriate.]
356-10 (j) Section 155.054, Occupations Code, is amended to conform
356-11 to Section 2, Chapter 1262, Acts of the 76th Legislature, Regular
356-12 Session, 1999, and Section 1, Chapter 874, Acts of the 76th
356-13 Legislature, Regular Session, 1999, to read as follows:
356-14 Sec. 155.054. EXAMINATION SUBJECTS. (a) Each license
356-15 examination must include [cover:]
356-16 [(1) those] subjects generally taught by medical
356-17 schools, a knowledge of which is commonly and generally required of
356-18 each candidate for the degree of doctor of medicine or doctor of
356-19 osteopathy conferred by schools in this state.
356-20 (b) The board shall administer the Texas [a board-approved
356-21 school or college of medicine; and]
356-22 [(2) the subject of] medical jurisprudence examination
356-23 to all applicants.
356-24 (k) Section 155.055, Occupations Code, is amended to conform
356-25 to Section 2, Chapter 1262, Acts of the 76th Legislature, Regular
356-26 Session, 1999, and Section 1, Chapter 874, Acts of the 76th
356-27 Legislature, Regular Session, 1999, to read as follows:
357-1 Sec. 155.055. NOTICE OF EXAMINATION RESULTS. [(a)] The
357-2 board shall notify each examinee of the results of a licensing
357-3 examination not later than the 120th [90th] day after the date the
357-4 examination is administered by the board. However, if an
357-5 examination is graded or reviewed by a national testing service,
357-6 the board shall notify each examinee of the results of the
357-7 examination not later than the 30th day after the date the board
357-8 receives the results from the testing service.
357-9 [(b) If the notice of the examination results will be
357-10 delayed for longer than 90 days after the examination date, the
357-11 board shall notify each examinee of the reason for the delay before
357-12 the 90th day.]
357-13 [(c) If requested in writing by a person who fails the
357-14 examination, the board shall provide to the person a summarized
357-15 analysis of the person's performance on the examination that
357-16 consists of the person's score on each portion of the examination.]
357-17 (l) Section 155.056, Occupations Code, is amended to conform
357-18 to Section 2, Chapter 1262, Acts of the 76th Legislature, Regular
357-19 Session, 1999, and Section 1, Chapter 874, Acts of the 76th
357-20 Legislature, Regular Session, 1999, to read as follows:
357-21 Sec. 155.056. REEXAMINATION. (a) An applicant must pass
357-22 each part of an examination within three attempts, except that an
357-23 applicant who has passed all but one part of an examination within
357-24 three attempts may take the remaining part of the examination one
357-25 additional time. [A license applicant who is refused a license
357-26 because of failure to pass the examination is entitled to take a
357-27 subsequent examination at a time fixed by the board on payment of a
358-1 fee set by the board.]
358-2 (b) Notwithstanding Subsection (a), an applicant is
358-3 considered to have satisfied the requirements of this section if
358-4 the applicant:
358-5 (1) passed all but one part of an examination approved
358-6 by the board within three attempts and passed the remaining part of
358-7 the examination within five attempts;
358-8 (2) is specialty board certified by a specialty board
358-9 that:
358-10 (A) is a member of the American Board of Medical
358-11 Specialties; or
358-12 (B) is approved by the American Osteopathic
358-13 Association; and
358-14 (3) completed in this state an additional two years of
358-15 postgraduate medical training approved by the board. [An applicant
358-16 may not take more than two subsequent examinations under Subsection
358-17 (a).]
358-18 (m) Section 155.057, Occupations Code, is amended to conform
358-19 to Section 2, Chapter 1262, Acts of the 76th Legislature, Regular
358-20 Session, 1999, and Section 1, Chapter 874, Acts of the 76th
358-21 Legislature, Regular Session, 1999, to read as follows:
358-22 Sec. 155.057. PRESERVATION OF EXAMINATION MATERIALS. The
358-23 board shall preserve all examination questions, [and] answers, and
358-24 [with the] grades [attached, in the board's executive office or in
358-25 another repository] as directed by board rule until the first
358-26 anniversary of the date of the examination.
358-27 (n) Section 155.058, Occupations Code, is amended to conform
359-1 to Section 2, Chapter 1262, Acts of the 76th Legislature, Regular
359-2 Session, 1999, to read as follows:
359-3 Sec. 155.058. APPLICATION OF OPEN RECORDS AND OPEN MEETINGS
359-4 LAW TO EXAMINATION PROCEDURES. (a) The following are exempt from
359-5 Chapters 551 and 552, Government Code:
359-6 (1) examination questions that may be used in the
359-7 future;
359-8 (2) examinations; and
359-9 (3) deliberations and records relating to the
359-10 professional character and fitness of applicants [for examination].
359-11 (b) Subsection (a)(2) does not prohibit the board from
359-12 providing an examination to an applicant who has taken that
359-13 examination.
359-14 [(c) Notwithstanding Subsection (a)(3), the board shall
359-15 disclose records relating to the professional character and fitness
359-16 of an individual applicant to that applicant on written request,
359-17 other than information supplied to the board by a person who
359-18 requests that the information not be disclosed.]
359-19 (o) Section 155.105, Occupations Code, is amended to conform
359-20 to Section 2, Chapter 1262, Acts of the 76th Legislature, Regular
359-21 Session, 1999, to read as follows:
359-22 Sec. 155.105. PHYSICIAN-IN-TRAINING [INSTITUTIONAL] PERMIT.
359-23 (a) The board as provided by board rule may issue a
359-24 physician-in-training [an institutional] permit to a physician not
359-25 otherwise licensed by the board who is participating in a graduate
359-26 medical education training program approved by the board.
359-27 (b) A physician-in-training [The board shall charge a fee
360-1 for an institutional permit. The fee shall be deposited in the
360-2 medical registration fund account.]
360-3 [(c) An institutional] permit does not authorize the
360-4 performance of a medical act by the permit holder unless the act is
360-5 performed:
360-6 (1) as a part of the graduate medical education
360-7 training program; and
360-8 (2) under the supervision of a physician.
360-9 (c) The board has jurisdiction to discipline a permit holder
360-10 whose permit has expired if the violation of the law occurred
360-11 during the time the permit was valid. If an investigation is open
360-12 when the permit expires, the permit shall be executory and the
360-13 board may retain jurisdiction.
360-14 (p) Section 156.001, Occupations Code, is amended to conform
360-15 to Section 2, Chapter 1262, Acts of the 76th Legislature, Regular
360-16 Session, 1999, to read as follows:
360-17 Sec. 156.001. ANNUAL REGISTRATION REQUIRED; REGISTRATION
360-18 PROCEDURE. (a) Each person licensed to practice medicine in this
360-19 state must register with the board annually. The initial annual
360-20 registration permit shall be issued with the license.
360-21 (b) Except as provided by Section 156.002, the application
360-22 for registration must be accompanied by an annual registration
360-23 permit fee in an amount set by the board regardless of whether the
360-24 person is practicing medicine in this state.
360-25 (c) A license holder may renew the annual registration
360-26 permit by submitting to the board, on or before the expiration date
360-27 of the annual registration permit, the required renewal application
361-1 and renewal fee. Each annual registration permit renewal
361-2 application must include [The person must file with the board a
361-3 written application for registration on a form provided by the
361-4 board that includes]:
361-5 (1) the license holder's [person's] name and mailing
361-6 address;
361-7 (2) the [address of each] place or places at which the
361-8 license holder [person] is engaged in the practice of medicine; and
361-9 (3) other necessary information as prescribed by the
361-10 board.
361-11 (d) If the person is licensed to practice medicine by
361-12 another state or country or by the uniformed services of the United
361-13 States, the renewal application must include a description of any
361-14 investigation the person knows is in progress and any sanction
361-15 imposed by or disciplinary matter pending in the state, country, or
361-16 service regarding the person.
361-17 [(e) The board shall renew the license of an applicant who
361-18 complies with this section.]
361-19 (q) Section 156.002, Occupations Code, is amended to conform
361-20 to Section 2, Chapter 1262, Acts of the 76th Legislature, Regular
361-21 Session, 1999, to read as follows:
361-22 Sec. 156.002. EXEMPTION FOR CERTAIN [RETIRED] PHYSICIANS.
361-23 (a) The board by rule may exempt a retired physician from the
361-24 annual registration permit fee requirement.
361-25 (b) A [retired] physician licensed by the board whose only
361-26 practice is voluntary charity care is exempt from the annual
361-27 registration permit fee requirement.
362-1 (r) Section 156.003, Occupations Code, is amended to conform
362-2 to Section 2, Chapter 1262, Acts of the 76th Legislature, Regular
362-3 Session, 1999, to read as follows:
362-4 Sec. 156.003. STAGGERED RENEWAL SYSTEM. (a) [A person must
362-5 apply for annual registration on or before January 1 each year.]
362-6 The board by rule may adopt a system under which annual
362-7 registration permits [registrations] expire on various dates during
362-8 the year.
362-9 (b) [If the board adopts a staggered renewal system under
362-10 Subsection (a), the board shall adjust accordingly the date for
362-11 license cancellation due to nonpayment.] For the year in which the
362-12 expiration date is changed, annual registration permit fees
362-13 [payable on or before January 1] shall be prorated [on a monthly
362-14 basis so that each registrant pays only that portion of the
362-15 registration fee that is allocable to the number of months during
362-16 which the registration is valid]. On renewal of the registration
362-17 on the new expiration date, the total annual registration permit
362-18 fee is payable.
362-19 (s) Section 156.004, Occupations Code, is amended to conform
362-20 to Section 2, Chapter 1262, Acts of the 76th Legislature, Regular
362-21 Session, 1999, to read as follows:
362-22 Sec. 156.004. NOTICE OF [LICENSE] EXPIRATION. The board
362-23 shall mail an annual registration permit renewal application
362-24 [provide written notice] to each physician at the physician's last
362-25 known address according to the board's records at least 30 days
362-26 before the expiration date of the annual registration permit. The
362-27 board [a license and] shall provide for [allow] a 30-day grace
363-1 period for renewing the annual registration permit [payment of the
363-2 annual registration fee] from the date of the expiration of the
363-3 permit [license].
363-4 (t) Section 156.005, Occupations Code, is amended to conform
363-5 to Section 2, Chapter 1262, Acts of the 76th Legislature, Regular
363-6 Session, 1999, to read as follows:
363-7 Sec. 156.005. RENEWAL OF CERTAIN REGISTRATION PERMITS
363-8 [LICENSES]. (a) [A person may renew an unexpired license by paying
363-9 the required fee to the board on or before the expiration date of
363-10 the license.]
363-11 [(b)] If a [the] person's annual registration permit
363-12 [license] has been expired for 90 days or less, the person may
363-13 renew the permit [license] by submitting [paying] to the board the
363-14 required renewal application, the renewal fee, and a $50 penalty
363-15 fee [that is equal to one-half of the amount of the annual
363-16 registration fee].
363-17 (b) [(c)] If the person's annual registration permit
363-18 [license] has been expired for longer than 90 days but less than
363-19 one year, the person may renew the permit [license] by submitting
363-20 [paying] to the board the required renewal application, the renewal
363-21 fee, [all unpaid fees] and a $100 penalty fee [that is equal to the
363-22 amount of the annual registration fee].
363-23 (c) [(d)] If the person's annual registration permit
363-24 [license] has been expired for one year or longer, the person's
363-25 license is considered to have been canceled, unless an
363-26 investigation is pending, and the person may not renew the annual
363-27 registration permit [license].
364-1 (d) A physician whose license is considered canceled [The
364-2 person] may obtain a new license by submitting to reexamination and
364-3 complying with the requirements, fees, and procedures for obtaining
364-4 a [an original] license. The board may issue a new license without
364-5 examination to a person whose license is considered canceled for
364-6 less than two years.
364-7 (u) Section 156.007, Occupations Code, is amended to conform
364-8 to Section 2, Chapter 1262, Acts of the 76th Legislature, Regular
364-9 Session, 1999, to read as follows:
364-10 Sec. 156.007. ISSUANCE OF ANNUAL REGISTRATION PERMIT
364-11 [RECEIPT]. (a) On receipt of a renewal [registration] application
364-12 and all required fees, [accompanied by the proper fee,] the board,
364-13 after ascertaining from the records of the board or from other
364-14 sources considered reliable by the board that the applicant [for
364-15 registration] is a physician in this state, shall issue to the
364-16 applicant an annual registration permit [receipt] certifying that
364-17 the applicant has filed the application, [and] has paid the annual
364-18 registration permit fee for the year, and has completed the
364-19 requirements for annual registration.
364-20 (b) The filing of the renewal [registration] application,
364-21 the payment of the required fees [fee], and the issuance of the
364-22 permit [receipt] does not entitle the permit [receipt] holder to
364-23 practice medicine in this state unless:
364-24 (1) the permit [receipt] holder has been previously
364-25 licensed as a physician by the board, as prescribed by law; and
364-26 (2) the license to practice medicine is in effect.
364-27 (v) Section 156.008, Occupations Code, is amended to conform
365-1 to Section 2, Chapter 1262, Acts of the 76th Legislature, Regular
365-2 Session, 1999, to read as follows:
365-3 Sec. 156.008. PRACTICING MEDICINE WITHOUT ANNUAL
365-4 REGISTRATION PERMIT PROHIBITED. (a) Practicing medicine without an
365-5 annual registration permit [receipt] for the current year as
365-6 provided by this subchapter has the same effect as, and is subject
365-7 to all penalties of, practicing medicine without a license.
365-8 (b) In a prosecution for the unlawful practice of medicine,
365-9 the [receipt showing payment of the] annual registration permit
365-10 [fee] required by this subchapter may [chapter does] not be treated
365-11 as [constitute] evidence that the permit [receipt] holder is
365-12 lawfully entitled to practice medicine.
365-13 (w) Sections 155.006, 155.101, and 156.006, Occupations
365-14 Code, are repealed to conform to Section 2, Chapter 1262, Acts of
365-15 the 76th Legislature, Regular Session, 1999.
365-16 (x) Section 153.009, Occupations Code, is repealed to
365-17 conform to Section 2, Chapter 1262, Acts of the 76th Legislature,
365-18 Regular Session, 1999, and Section 1, Chapter 874, Acts of the 76th
365-19 Legislature, Regular Session, 1999.
365-20 (y) Section 2, Chapter 1262, Acts of the 76th Legislature,
365-21 Regular Session, 1999, is repealed.
365-22 (z) Section 1, Chapter 874, Acts of the 76th Legislature,
365-23 Regular Session, 1999, is repealed.
365-24 SECTION 14.028. (a) The heading of Subchapter C, Chapter
365-25 155, Occupations Code, is amended to conform to Section 5, Chapter
365-26 1262, Acts of the 76th Legislature, Regular Session, 1999, to read
365-27 as follows:
366-1 SUBCHAPTER C. [RECIPROCITY AND] CERTAIN TEMPORARY LICENSES
366-2 OR PERMITS
366-3 (b) Section 155.104, Occupations Code, is amended to conform
366-4 to Section 5, Chapter 1262, Acts of the 76th Legislature, Regular
366-5 Session, 1999, to read as follows:
366-6 Sec. 155.104. [OTHER] TEMPORARY LICENSES. The [Except as
366-7 provided by Sections 155.102 and 155.103, the] board may adopt
366-8 rules and set fees relating to granting temporary licenses and
366-9 extending the expiration dates of temporary licenses. The board by
366-10 rule shall set a time limit for the term of a temporary license.
366-11 (c) Sections 155.102 and 155.103, Occupations Code, are
366-12 repealed to conform to Section 5, Chapter 1262, Acts of the 76th
366-13 Legislature, Regular Session, 1999.
366-14 (d) Section 5, Chapter 1262, Acts of the 76th Legislature,
366-15 Regular Session, 1999, is repealed.
366-16 SECTION 14.029. (a) Subchapter B, Chapter 156, Occupations
366-17 Code, is amended to conform to Section 1, Chapter 137, Acts of the
366-18 76th Legislature, Regular Session, 1999, by adding Section 156.056
366-19 to read as follows:
366-20 Sec. 156.056. CERTAIN VOLUNTEER SERVICES. (a) In this
366-21 section, "site serving a medically underserved population" has the
366-22 meaning assigned by Section 157.052.
366-23 (b) The board by rule shall permit a license holder to
366-24 complete half of any informal continuing medical education hours
366-25 required under this subchapter by providing volunteer medical
366-26 services at a site serving a medically underserved population other
366-27 than a site that is a primary practice site of the license holder.
367-1 (b) Section 1, Chapter 137, Acts of the 76th Legislature,
367-2 Regular Session, 1999, is repealed.
367-3 SECTION 14.030. (a) Section 159.006, Occupations Code, is
367-4 amended to conform to Section 1, Chapter 636, Acts of the 76th
367-5 Legislature, Regular Session, 1999, to read as follows:
367-6 Sec. 159.006. INFORMATION FURNISHED BY PHYSICIAN. (a)
367-7 Unless the physician determines that access to the information
367-8 would be harmful to the physical, mental, or emotional health of
367-9 the patient, a physician who receives a written consent for release
367-10 of information as provided by Section 159.005 shall furnish copies
367-11 of the requested medical records, or a summary or narrative of the
367-12 records, including records received from a physician or other
367-13 health care provider involved in the care or treatment of the
367-14 patient. [The physician shall furnish the information not later
367-15 than the 30th day after the date of receipt of the request.]
367-16 (b) The physician may delete confidential information about
367-17 another patient or a family member of the patient who has not
367-18 consented to the release.
367-19 (c) In accordance with Section 159.005, on receipt of a
367-20 written request by a subsequent or consulting physician of a
367-21 patient of the requested physician, the requested physician shall
367-22 furnish a copy of the complete medical records of the patient to
367-23 the subsequent or consulting physician. The duty to provide medical
367-24 records to a subsequent or consulting physician may not be
367-25 nullified by contract.
367-26 (d) A physician shall provide the information requested
367-27 under this section not later than the 15th business day after the
368-1 date of receipt of the written consent for release under Subsection
368-2 (a) or the written request under Subsection (c).
368-3 (e) If the physician denies the request, in whole or in
368-4 part, the physician shall:
368-5 (1) furnish the patient with a written statement,
368-6 signed and dated, providing the reason for the denial; and
368-7 (2) place a copy of the statement denying the request
368-8 in the patient's medical records.
368-9 (b) Chapter 159, Occupations Code, is amended to conform to
368-10 Section 1, Chapter 636, Acts of the 76th Legislature, Regular
368-11 Session, 1999, by adding Section 159.0061 to read as follows:
368-12 Sec. 159.0061. APPOINTMENT OF CUSTODIAN OF PHYSICIAN'S
368-13 RECORDS. (a) The board by rule shall establish conditions under
368-14 which the board may temporarily or permanently appoint a person or
368-15 entity as a custodian of a physician's medical records. In
368-16 adopting rules under this section, the board shall consider the
368-17 death of a physician, the mental or physical incapacitation of a
368-18 physician, and the abandonment of medical records by a physician.
368-19 (b) The rules adopted under this section must provide for:
368-20 (1) the release of the medical records by an appointed
368-21 custodian in compliance with this chapter; and
368-22 (2) a fee charged by the appointed custodian that is
368-23 in addition to the copying fee governed by Section 159.008.
368-24 (c) Section 1, Chapter 636, Acts of the 76th Legislature,
368-25 Regular Session, 1999, is repealed.
368-26 SECTION 14.031. (a) Subchapter A, Chapter 160, Occupations
368-27 Code, is amended to conform to Section 2, Chapter 908, Acts of the
369-1 76th Legislature, Regular Session, 1999, by adding Section 160.015
369-2 to read as follows:
369-3 Sec. 160.015. IMMUNITY OF HOSPITAL DISTRICT OR HOSPITAL
369-4 AUTHORITY. This subchapter does not impose liability or waive
369-5 immunity for a hospital district or hospital authority that has
369-6 common law, statutory, or other immunity.
369-7 (b) Section 2, Chapter 908, Acts of the 76th Legislature,
369-8 Regular Session, 1999, is repealed.
369-9 SECTION 14.032. (a) Section 160.101(a), Occupations Code, is
369-10 amended to conform to Section 1, Chapter 645, Acts of the 76th
369-11 Legislature, Regular Session, 1999, to read as follows:
369-12 (a) This section applies to a person known to be a physician
369-13 who is licensed or otherwise lawfully practicing in this state or
369-14 applying to be licensed and who is convicted of or placed on
369-15 deferred adjudication for:
369-16 (1) a felony;
369-17 (2) a Class A or Class B misdemeanor;
369-18 (3) a Class C misdemeanor involving moral turpitude;
369-19 (4) [(3)] a violation of a state or federal narcotics
369-20 or controlled substances law; or
369-21 (5) [(4)] an offense involving fraud or abuse under
369-22 the Medicare or Medicaid program.
369-23 (b) Section 1, Chapter 645, Acts of the 76th Legislature,
369-24 Regular Session, 1999, is repealed.
369-25 SECTION 14.033. (a) Chapter 162, Occupations Code, is
369-26 amended to conform to Section 1, Chapter 796, Acts of the 76th
369-27 Legislature, Regular Session, 1999; Section 2, Chapter 1468, Acts
370-1 of the 76th Legislature, Regular Session, 1999; Section 2, Chapter
370-2 1275, Acts of the 76th Legislature, Regular Session, 1999; and
370-3 Section 1, Chapter 948, Acts of the 76th Legislature, Regular
370-4 Session, 1999, to read as follows:
370-5 CHAPTER 162. REGULATION OF PRACTICE OF MEDICINE
370-6 SUBCHAPTER A. REGULATION BY BOARD OF CERTAIN
370-7 NONPROFIT HEALTH CORPORATIONS
370-8 Sec. 162.001. CERTIFICATION BY BOARD. (a) The board by rule
370-9 shall certify a health organization that:
370-10 (1) applies for certification on a form approved by
370-11 the board; and
370-12 (2) presents proof satisfactory to the board that the
370-13 organization meets the requirements of Subsection (b) or (c).
370-14 (b) The board shall approve and certify a health
370-15 organization that:
370-16 (1) is a nonprofit corporation under the Texas
370-17 Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's
370-18 Texas Civil Statutes) organized to:
370-19 (A) conduct scientific research and research
370-20 projects in the public interest in the field of medical science,
370-21 medical economics, public health, sociology, or a related area;
370-22 (B) support medical education in medical schools
370-23 through grants and scholarships;
370-24 (C) improve and develop the capabilities of
370-25 individuals and institutions studying, teaching, and practicing
370-26 medicine;
370-27 (D) deliver health care to the public; or
371-1 (E) instruct the general public in medical
371-2 science, public health, and hygiene and provide related instruction
371-3 useful to individuals and beneficial to the community;
371-4 (2) is organized and incorporated solely by persons
371-5 licensed by the board; and
371-6 (3) has as its directors and trustees persons who are:
371-7 (A) licensed by the board; and
371-8 (B) actively engaged in the practice of
371-9 medicine.
371-10 (c) The board shall certify a health organization to
371-11 contract with or employ physicians licensed by the board if the
371-12 organization:
371-13 (1) is a nonprofit corporation under the Texas
371-14 Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's
371-15 Texas Civil Statutes) and Section 501(c)(3), Internal Revenue Code
371-16 of 1986 (26 U.S.C. Sec. 501(c)(3)); and
371-17 (2) is organized and operated as:
371-18 (A) a migrant, community, or homeless health
371-19 center under the authority of and in compliance with 42 U.S.C.
371-20 Section 254b or 254c; or
371-21 (B) a federally qualified health center under 42
371-22 U.S.C. Section 1396d(l)(2)(B).
371-23 Sec. 162.002. LIMITATION ON PHYSICIAN FEES. A physician who
371-24 provides professional medical services for a health organization
371-25 certified under Section 162.001(c) shall provide those services
371-26 free of charge, or at a reduced fee commensurate with the patient's
371-27 ability to pay, in compliance with 42 U.S.C. Section 254b or 254c.
372-1 Sec. 162.003. REFUSAL TO CERTIFY; REVOCATION. On a
372-2 determination that a health organization is established, organized,
372-3 or operated in violation of or with the intent to violate this
372-4 subtitle, the board:
372-5 (1) may refuse to certify the health organization on
372-6 application for certification by the organization under Section
372-7 162.001; and
372-8 (2) shall revoke a certification made under Section
372-9 162.001 to that organization.
372-10 (Sections 162.004-162.050 reserved for expansion)
372-11 SUBCHAPTER B. AUTHORITY TO FORM CERTAIN ENTITIES
372-12 Sec. 162.051. AUTHORITY TO FORM CERTAIN JOINTLY OWNED
372-13 ENTITIES. (a) Except as provided by Section 165.155, a physician
372-14 and an optometrist or therapeutic optometrist may, for a purpose
372-15 described by Subsection (b), organize, jointly own, and manage any
372-16 legal entity, including:
372-17 (1) a partnership under the Texas Revised Partnership
372-18 Act (Article 6132b-1.01 et seq., Vernon's Texas Civil Statutes);
372-19 (2) a limited partnership under the Texas Revised
372-20 Limited Partnership Act (Article 6132a-1, Vernon's Texas Civil
372-21 Statutes); and
372-22 (3) a limited liability company under the Texas
372-23 Limited Liability Company Act (Article 1528n, Vernon's Texas Civil
372-24 Statutes).
372-25 (b) An entity authorized under Subsection (a) may:
372-26 (1) own real property, other physical facilities, or
372-27 equipment for the delivery of health care services or management;
373-1 (2) lease, rent, or otherwise acquire the use of real
373-2 property, other physical facilities, or equipment for the delivery
373-3 of health care services or management; or
373-4 (3) employ or otherwise use a person who is not a
373-5 physician, optometrist, or therapeutic optometrist for the delivery
373-6 of health care services or management.
373-7 (c) Only a physician, optometrist, or therapeutic
373-8 optometrist may own an interest in an entity authorized under
373-9 Subsection (a). This subsection does not prohibit an entity from
373-10 making one or more payments to an owner's estate following the
373-11 owner's death under an agreement with the owner or as otherwise
373-12 authorized or required by law.
373-13 (Sections 162.052-162.100 reserved for expansion)
373-14 SUBCHAPTER C. ANESTHESIA IN OUTPATIENT SETTING
373-15 Sec. 162.101. DEFINITION. In this subchapter, "outpatient
373-16 setting" means a facility, clinic, center, office, or other setting
373-17 that is not part of a licensed hospital or a licensed ambulatory
373-18 surgical center.
373-19 Sec. 162.102. RULES. (a) The board by rule shall establish
373-20 the minimum standards for anesthesia services provided in an
373-21 outpatient setting by a person licensed by the board.
373-22 (b) The rules adopted under this section must be designed to
373-23 protect the health, safety, and welfare of the public and include
373-24 requirements relating to:
373-25 (1) general anesthesia, regional anesthesia, and
373-26 monitored anesthesia care;
373-27 (2) patient evaluation, diagnosis, counseling, and
374-1 preparation;
374-2 (3) patient monitoring to be performed and equipment
374-3 to be used during a procedure and during post-procedure monitoring;
374-4 (4) emergency procedures, drugs, and equipment,
374-5 including education, training, and certification of personnel, as
374-6 appropriate, and including protocols for transfers to a hospital;
374-7 (5) the documentation necessary to demonstrate
374-8 compliance with this subchapter; and
374-9 (6) the period in which protocols or procedures
374-10 covered by rules of the board shall be reviewed, updated, or
374-11 amended.
374-12 (c) The board shall cooperate with the Board of Nurse
374-13 Examiners in the adoption of rules under this subchapter to
374-14 eliminate, to the extent possible, conflicts between the rules
374-15 adopted by each board.
374-16 Sec. 162.103. APPLICABILITY. Rules adopted by the board
374-17 under this subchapter do not apply to:
374-18 (1) an outpatient setting in which only local
374-19 anesthesia, peripheral nerve blocks, or both are used;
374-20 (2) an outpatient setting in which only anxiolytics
374-21 and analgesics are used and only in doses that do not have the
374-22 probability of placing the patient at risk for loss of the
374-23 patient's life-preserving protective reflexes;
374-24 (3) a licensed hospital, including an outpatient
374-25 facility of the hospital that is located separate from the
374-26 hospital;
374-27 (4) a licensed ambulatory surgical center;
375-1 (5) a clinic located on land recognized as tribal land
375-2 by the federal government and maintained or operated by a federally
375-3 recognized Indian tribe or tribal organization as listed by the
375-4 United States secretary of the interior under 25 U.S.C. Section
375-5 479a-1 or as listed under a successor federal statute or
375-6 regulation;
375-7 (6) a facility maintained or operated by a state or
375-8 local governmental entity;
375-9 (7) a clinic directly maintained or operated by the
375-10 United States; or
375-11 (8) an outpatient setting accredited by:
375-12 (A) the Joint Commission on Accreditation of
375-13 Healthcare Organizations relating to ambulatory surgical centers;
375-14 (B) the American Association for the
375-15 Accreditation of Ambulatory Surgery Facilities; or
375-16 (C) the Accreditation Association for Ambulatory
375-17 Health Care.
375-18 Sec. 162.104. REGISTRATION REQUIRED. (a) The board shall
375-19 require each physician who administers anesthesia or performs a
375-20 surgical procedure for which anesthesia services are provided in an
375-21 outpatient setting to annually register with the board on a form
375-22 prescribed by the board and to pay a fee to the board in an amount
375-23 established by the board.
375-24 (b) The board shall coordinate the registration required
375-25 under this section with the registration required under Chapter 156
375-26 so that the times of registration, payment, notice, and imposition
375-27 of penalties for late payment are similar and provide a minimum of
376-1 administrative burden to the board and to physicians.
376-2 Sec. 162.105. COMPLIANCE WITH ANESTHESIA RULES. (a) A
376-3 physician who practices medicine in this state and who administers
376-4 anesthesia or performs a surgical procedure for which anesthesia
376-5 services are provided in an outpatient setting shall comply with
376-6 the rules adopted under this subchapter.
376-7 (b) The board may require a physician to submit and comply
376-8 with a corrective action plan to remedy or address any current or
376-9 potential deficiencies with the physician's provision of anesthesia
376-10 in an outpatient setting in accordance with this subtitle or rules
376-11 of the board.
376-12 Sec. 162.106. INSPECTIONS. (a) The board may conduct
376-13 inspections to enforce this subchapter, including inspections of an
376-14 office site and of documents of a physician's practice that relate
376-15 to the provision of anesthesia in an outpatient setting. The board
376-16 may contract with another state agency or qualified person to
376-17 conduct the inspections.
376-18 (b) Unless it would jeopardize an ongoing investigation, the
376-19 board shall provide at least five business days' notice before
376-20 conducting an on-site inspection under this section.
376-21 (c) This section does not require the board to make an
376-22 on-site inspection of a physician's office.
376-23 Sec. 162.107. REQUESTS FOR INSPECTION AND ADVISORY OPINION.
376-24 (a) The board may consider a request by a physician for an on-site
376-25 inspection. The board, on payment of a fee established by the
376-26 board, may conduct the inspection and issue an advisory opinion.
376-27 (b) An advisory opinion issued by the board under this
377-1 section is not binding on the board. Except as provided by
377-2 Subsection (c), the board may take any action under this subtitle
377-3 relating to the situation addressed by the advisory opinion that
377-4 the board considers appropriate.
377-5 (c) A physician who requests and relies on an advisory
377-6 opinion of the board may use the opinion as mitigating evidence in
377-7 an action or proceeding to impose an administrative penalty or
377-8 assess a civil penalty under this subtitle. On receipt of proof of
377-9 reliance on an advisory opinion, the board or court, as
377-10 appropriate, shall consider the reliance and mitigate imposition of
377-11 an administrative penalty or assessment of a civil penalty
377-12 accordingly.
377-13 (Sections 162.108-162.150 reserved for expansion)
377-14 SUBCHAPTER D. PHYSICIAN CREDENTIALING
377-15 Sec. 162.151. DEFINITIONS. In this subchapter:
377-16 (1) "Core credentials data" means:
377-17 (A) name and other demographic data;
377-18 (B) professional education;
377-19 (C) professional training;
377-20 (D) licenses; and
377-21 (E) Educational Commission for Foreign Medical
377-22 Graduates certification.
377-23 (2) "Credentials verification organization" means an
377-24 organization that is certified or accredited and organized to
377-25 collect, verify, maintain, store, and provide to health care
377-26 entities a health care practitioner's verified credentials data,
377-27 including all corrections, updates, and modifications to that data.
378-1 For purposes of this subdivision, "certified" or "accredited"
378-2 includes certification or accreditation by a nationally recognized
378-3 accreditation organization.
378-4 (3) "Health care entity" means:
378-5 (A) a health care facility or other health care
378-6 organization licensed or certified to provide approved medical and
378-7 allied health services in this state;
378-8 (B) an entity licensed by the Texas Department
378-9 of Insurance as a prepaid health care plan or health maintenance
378-10 organization or as an insurer to provide coverage for health care
378-11 services through a network of providers; or
378-12 (C) a health care provider entity accepting
378-13 delegated credentialing functions from a health maintenance
378-14 organization.
378-15 (4) "Physician" means a holder of or applicant for a
378-16 license under this subtitle as a medical doctor or doctor of
378-17 osteopathy.
378-18 Sec. 162.152. ASSOCIATIONS. Each provision of this
378-19 subchapter that applies to a health care entity also applies to an
378-20 association that represents federally qualified health centers. For
378-21 purposes of this section, "federally qualified health center" has
378-22 the meaning assigned by 42 U.S.C. Section 1396d(l)(2)(B), as
378-23 amended.
378-24 Sec. 162.153. STANDARDIZED CREDENTIALS VERIFICATION PROGRAM.
378-25 (a) The board shall develop standardized forms and guidelines for
378-26 and administer:
378-27 (1) the collection, verification, correction,
379-1 updating, modification, maintenance, and storage of information
379-2 relating to physician credentials; and
379-3 (2) the release of that information to health care
379-4 entities or designated credentials verification organizations
379-5 authorized by the physician to receive that information.
379-6 (b) Except as provided by Subsection (c), a physician whose
379-7 core credentials data is submitted to the board is not required to
379-8 resubmit the data when applying for practice privileges with a
379-9 health care entity.
379-10 (c) A physician shall:
379-11 (1) provide to the board any correction, update, or
379-12 modification of the physician's core credentials data not later
379-13 than the 30th day after the date the data on file is no longer
379-14 accurate; and
379-15 (2) resubmit the physician's core credentials data
379-16 annually if the physician did not submit a correction, update, or
379-17 modification during the preceding year.
379-18 (d) A health care entity that employs, contracts with, or
379-19 credentials physicians must use the board to obtain core
379-20 credentials data for items for which the board is designated or
379-21 accepted as a primary source by a national accreditation
379-22 organization. A health care entity may act through its designated
379-23 credentials verification organization.
379-24 (e) This section does not restrict the authority of a health
379-25 care entity to approve or deny an original or renewal application
379-26 for hospital staff membership, clinical privileges, or managed care
379-27 network participation.
380-1 Sec. 162.154. FURNISHING OF DATA TO HEALTH CARE ENTITY. Not
380-2 later than the 15th business day after the date the board receives
380-3 a request for the data, the board shall make available to a health
380-4 care entity or its designated credentials verification organization
380-5 all core credentials data it collects on a physician, including any
380-6 correction, update, or modification of that data, if authorized by
380-7 the physician.
380-8 Sec. 162.155. REVIEW OF DATA BY PHYSICIAN. (a) Before
380-9 releasing a physician's core credentials data from its data bank
380-10 for the first time, the board shall provide to the affected
380-11 physician 15 business days to review the data and request
380-12 reconsideration or resolution of errors in or omissions from the
380-13 data. The board shall include with the data any change or
380-14 clarification made by the physician.
380-15 (b) The board shall notify a physician of any change to the
380-16 physician's core credentials data when a change is made or
380-17 initiated by a person other than the physician.
380-18 (c) A physician may request to review the physician's core
380-19 credentials data collected at any time after the initial release of
380-20 information. The board is not required to hold, release, or modify
380-21 any information because of the request.
380-22 Sec. 162.156. DATA DUPLICATION PROHIBITED. (a) A health
380-23 care entity may not collect or attempt to collect duplicate core
380-24 credentials data from a physician if the information is already on
380-25 file with the board. This section does not restrict the right of a
380-26 health care entity to request additional information not included
380-27 in the core credentials data on file with the board that is
381-1 necessary for the entity to credential the physician. A health
381-2 care entity or its designated credentials verification organization
381-3 may collect any additional information required by the health care
381-4 entity's credentialing process from a primary source of that
381-5 information.
381-6 (b) A state agency may not collect or attempt to collect
381-7 duplicate core credentials data from a physician if the information
381-8 is already on file with the board. This section does not restrict
381-9 the right of a state agency to request additional information not
381-10 included in the core credentials data on file with the board that
381-11 the agency considers necessary for its specific credentialing
381-12 purposes.
381-13 (c) The board by rule may except from Subsections (a) and
381-14 (b) a request for core credentials data that is necessary for a
381-15 health care entity to provide temporary privileges during the
381-16 credentialing process.
381-17 Sec. 162.157. IMMUNITY. A health care entity or its
381-18 designated credentials verification organization is immune from
381-19 liability arising from its reliance on data furnished by the board
381-20 under this subchapter.
381-21 Sec. 162.158. RULES. The board shall adopt rules as
381-22 necessary to develop and implement the standardized credentials
381-23 verification program established by this subchapter.
381-24 Sec. 162.159. CONFIDENTIALITY. The information collected,
381-25 maintained, or stored by the board under this subchapter is
381-26 privileged and confidential and not subject to discovery, subpoena,
381-27 or other means of legal compulsion for its release or to disclosure
382-1 under Chapter 552, Government Code, except as otherwise provided by
382-2 this subchapter.
382-3 Sec. 162.160. USE OF INDEPENDENT CONTRACTOR. The board may
382-4 contract with an independent contractor to collect, verify,
382-5 maintain, store, or release information. The contract must provide
382-6 for board oversight and for the confidentiality of the information.
382-7 If the board contracts with an independent entity that is not a
382-8 governmental unit to carry out this subchapter, the independent
382-9 entity is not immune from liability.
382-10 Sec. 162.161. FEES. (a) The board shall prescribe and
382-11 assess fees in amounts necessary to cover its cost of operating
382-12 under and administering this subchapter.
382-13 (b) The board may waive a fee for a state agency that is
382-14 required to obtain core credentials data from the board and that
382-15 Section 162.156 prohibits from collecting duplicate data.
382-16 Sec. 162.162. GIFTS, GRANTS, AND DONATIONS. In addition to
382-17 any fees paid to the board or money appropriated to the board, the
382-18 board may receive and accept a gift, grant, donation, or other
382-19 thing of value from any source, including the United States or a
382-20 private source.
382-21 (Sections 162.163-162.200 reserved for expansion
382-22 SUBCHAPTER E. EMPLOYMENT OF PHYSICIAN BY PRIVATE
382-23 MEDICAL SCHOOL
382-24 Sec. 162.201. EMPLOYMENT OF PHYSICIAN PERMITTED. A private
382-25 nonprofit medical school that is certified under Section 162.203,
382-26 that is accredited by the Liaison Committee on Medical Education,
382-27 and that was appropriated funds by the legislature in the 75th
383-1 Legislature, Regular Session, 1997, may retain, in fulfilling its
383-2 educational mission, all or part of the professional income
383-3 generated by a physician for medical services if the physician is
383-4 employed as a faculty member of the school and provides medical
383-5 services as part of the physician's responsibilities.
383-6 Sec. 162.202. COMMITTEE ESTABLISHED BY SCHOOL. (a) A
383-7 private medical school subject to this subchapter shall establish a
383-8 committee consisting of at least five actively practicing
383-9 physicians who provide care in the clinical program of the private
383-10 medical school. The committee shall approve existing policies, or
383-11 adopt new policies if none exist, to ensure that a physician whose
383-12 professional income is retained under Section 162.201 is exercising
383-13 the physician's independent medical judgment in providing care to
383-14 patients in the school's clinical programs.
383-15 (b) The policies adopted under this section must include
383-16 policies relating to credentialing, quality assurance, utilization
383-17 review, peer review, medical decision-making, governance of the
383-18 committee, and due process.
383-19 (c) Each member of a committee under this section shall
383-20 provide to the board biennially a signed and verified statement
383-21 indicating that the member:
383-22 (1) is licensed by the board;
383-23 (2) will exercise independent medical judgment in all
383-24 committee matters, specifically in matters relating to
383-25 credentialing, quality assurance, utilization review, peer review,
383-26 medical decision-making, and due process;
383-27 (3) will exercise the member's best efforts to ensure
384-1 compliance with the private medical school's policies that are
384-2 adopted or established by the committee; and
384-3 (4) shall report immediately to the board any action
384-4 or event that the member reasonably and in good faith believes
384-5 constitutes a compromise of the independent judgment of a physician
384-6 in caring for a patient in the private medical school's clinical
384-7 program or in carrying out the member's duties as a committee
384-8 member.
384-9 (d) The board shall adopt rules requiring the disclosure of
384-10 financial conflicts of interest by a committee member.
384-11 Sec. 162.203. CERTIFICATION OF SCHOOL BY BOARD. (a) A
384-12 private school that retains a physician's professional income under
384-13 Section 162.201 must be certified by the board as being in
384-14 compliance with this subchapter.
384-15 (b) The board shall prescribe an application form to be
384-16 provided to the school and may adopt rules as necessary to
384-17 administer this subchapter.
384-18 (c) The board may prescribe and assess a fee for the
384-19 certification of a school and for investigation and review of the
384-20 school in an amount not to exceed the fee assessed on an
384-21 organization described by Section 162.001.
384-22 Sec. 162.204. BIENNIAL REPORT. A private medical school
384-23 certified under Section 162.203 shall provide to the board a
384-24 biennial report certifying that the school is in compliance with
384-25 this subchapter.
384-26 Sec. 162.205. SUSPENSION OR REVOCATION OF CERTIFICATION. If
384-27 the board determines at any time that a private medical school
385-1 certified under Section 162.203 has failed to comply with this
385-2 subchapter, the board may suspend or revoke the school's
385-3 certification.
385-4 Sec. 162.206. LIMITATION ON SCHOOL'S AUTHORITY. A private
385-5 medical school's authority to retain a physician's professional
385-6 income does not apply to a physician providing care in a facility
385-7 owned or operated by the school that is established outside the
385-8 school's historical geographical service area as it existed June
385-9 19, 1999.
385-10 Sec. 162.207. APPLICATION OF SUBCHAPTER. This subchapter
385-11 does not:
385-12 (1) affect the reporting requirements under Section
385-13 160.003; or
385-14 (2) apply to a private medical school certified under
385-15 this subchapter if all or substantially all of the school's assets
385-16 are sold.
385-17 (b) The following are repealed:
385-18 (1) Section 1, Chapter 796, Acts of the 76th
385-19 Legislature, Regular Session, 1999;
385-20 (2) Section 2, Chapter 1468, Acts of the 76th
385-21 Legislature, Regular Session, 1999;
385-22 (3) Section 2, Chapter 1275, Acts of the 76th
385-23 Legislature, Regular Session, 1999; and
385-24 (4) Section 1, Chapter 948, Acts of the 76th
385-25 Legislature, Regular Session, 1999.
385-26 SECTION 14.034. (a) Section 164.053(a), Occupations Code, is
385-27 amended to conform to Section 3, Chapter 1271, Acts of the 76th
386-1 Legislature, Regular Session, 1999, to read as follows:
386-2 (a) For purposes of Section 164.052(a)(5), unprofessional or
386-3 dishonorable conduct likely to deceive or defraud the public
386-4 includes conduct in which a physician:
386-5 (1) commits an act that violates the laws of this
386-6 state if the act is connected with the physician's practice of
386-7 medicine;
386-8 (2) fails to keep complete and accurate records of
386-9 purchases and disposals of:
386-10 (A) drugs listed in Chapter 481, Health and
386-11 Safety Code; or
386-12 (B) controlled substances scheduled in the
386-13 Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
386-14 U.S.C. Section 801 et seq.);
386-15 (3) writes prescriptions for or dispenses to a person
386-16 who:
386-17 (A) is known to be an abuser of narcotic drugs,
386-18 controlled substances, or dangerous drugs; or
386-19 (B) the physician should have known was an
386-20 abuser of narcotic drugs, controlled substances, or dangerous
386-21 drugs;
386-22 (4) writes false or fictitious prescriptions for:
386-23 (A) dangerous drugs as defined by Chapter 483,
386-24 Health and Safety Code; or
386-25 (B) controlled substances scheduled in Chapter
386-26 481, Health and Safety Code, or the Comprehensive Drug Abuse
386-27 Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.);
387-1 (5) prescribes or administers a drug or treatment that
387-2 is nontherapeutic in nature or nontherapeutic in the manner the
387-3 drug or treatment is administered or prescribed;
387-4 (6) prescribes, administers, or dispenses in a manner
387-5 inconsistent with public health and welfare:
387-6 (A) dangerous drugs as defined by Chapter 483,
387-7 Health and Safety Code; or
387-8 (B) controlled substances scheduled in Chapter
387-9 481, Health and Safety Code, or the Comprehensive Drug Abuse
387-10 Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.);
387-11 (7) violates Section 311.0025, Health and Safety Code
387-12 [persistently or flagrantly overcharges or overtreats patients];
387-13 (8) fails to supervise adequately the activities of
387-14 those acting under the supervision of the physician; or
387-15 (9) delegates professional medical responsibility or
387-16 acts to a person if the delegating physician knows or has reason to
387-17 know that the person is not qualified by training, experience, or
387-18 licensure to perform the responsibility or acts.
387-19 (b) Section 3, Chapter 1271, Acts of the 76th Legislature,
387-20 Regular Session, 1999, is repealed.
387-21 SECTION 14.035. Section 165.002(b), Occupations Code, is
387-22 amended to conform more closely to the law from which it was
387-23 derived to read as follows:
387-24 (b) A proceeding under this subchapter [section] is subject
387-25 to Chapter 2001, Government Code.
387-26 PART 4. CHANGES RELATING TO SUBTITLE C, TITLE 3,
387-27 OCCUPATIONS CODE
388-1 SECTION 14.051. (a) Sections 201.159(c) and (d), Occupations
388-2 Code, are amended to conform to Section 3, Chapter 20, Acts of the
388-3 76th Legislature, Regular Session, 1999, to read as follows:
388-4 (c) [On May 1 of each year, the secretary-treasurer of the
388-5 board shall send an official copy of the register to the secretary
388-6 of state to be kept as a permanent record.]
388-7 [(d)] The information recorded in the register is prima
388-8 facie evidence of the matters contained in the register. A
388-9 certified copy of the register with the seal of the board [or the
388-10 seal of the secretary of state] is admissible as evidence in any
388-11 court of this state.
388-12 (b) Section 3, Chapter 20, Acts of the 76th Legislature,
388-13 Regular Session, 1999, is repealed.
388-14 SECTION 14.0515. Section 201.554, Occupations Code, is
388-15 amended to more accurately reflect the law from which it was
388-16 derived to read as follows:
388-17 Sec. 201.554. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
388-18 Not later than the 20th day after the date a person receives the
388-19 notice under Section 201.553, the person may:
388-20 (1) accept in writing the enforcement committee's
388-21 determination and recommended administrative penalty; or
388-22 (2) make a written request for a hearing on the
388-23 occurrence of the violation, the amount of the penalty, or both
388-24 [that determination].
388-25 (b) If the person accepts the enforcement committee's
388-26 determination and recommended penalty, the board by order shall
388-27 approve the determination and impose the recommended penalty.
389-1 SECTION 14.052. (a) Section 202.203(b), Occupations Code, is
389-2 amended to conform to Section 1, Chapter 788, Acts of the 76th
389-3 Legislature, Regular Session, 1999, to read as follows:
389-4 (b) If a written complaint is filed with the board, the
389-5 board, at least quarterly and until final disposition of the
389-6 complaint, shall notify the parties to the complaint of the status
389-7 of the complaint unless the notification would jeopardize an
389-8 undercover investigation. The board may provide a copy of the
389-9 complaint to the license holder unless providing a copy would
389-10 jeopardize an investigation.
389-11 (b) Section 1, Chapter 788, Acts of the 76th Legislature,
389-12 Regular Session, 1999, is repealed.
389-13 SECTION 14.053. (a) Subchapter D, Chapter 204, Occupations
389-14 Code, is amended to conform to Section 2, Chapter 137, Acts of the
389-15 76th Legislature, Regular Session, 1999, by adding Section 204.1565
389-16 to read as follows:
389-17 Sec. 204.1565. INFORMAL CONTINUING MEDICAL EDUCATION. (a)
389-18 In this section, "site serving a medically underserved population"
389-19 has the meaning assigned by Section 157.052.
389-20 (b) The physician assistant board by rule shall permit a
389-21 license holder to complete half of any informal continuing medical
389-22 education hours required to renew a license under this chapter by
389-23 providing volunteer medical services at a site serving a medically
389-24 underserved population, other than a site that is a primary
389-25 practice site of the license holder.
389-26 (b) Section 2, Chapter 137, Acts of the 76th Legislature,
389-27 Regular Session, 1999, is repealed.
390-1 SECTION 14.054. (a) Section 204.202, Occupations Code, is
390-2 amended to conform to Section 7, Chapter 428, Acts of the 76th
390-3 Legislature, Regular Session, 1999, by adding Subsection (d) to
390-4 read as follows:
390-5 (d) A physician assistant's signature attesting to the
390-6 provision of a service the physician assistant is legally
390-7 authorized to provide satisfies any documentation requirement for
390-8 that service established by a state agency.
390-9 (b) Section 7, Chapter 428, Acts of the 76th Legislature,
390-10 Regular Session, 1999, is repealed.
390-11 SECTION 14.055. Section 204.208(b), Occupations Code, is
390-12 amended to conform to Section 2, Chapter 908, Acts of the 76th
390-13 Legislature, Regular Session, 1999, to read as follows:
390-14 (b) Sections 160.002, 160.003, 160.006, 160.007(d), 160.009,
390-15 160.013, [and] 160.014, and 160.015 apply to medical peer review
390-16 relating to the practice of a physician assistant.
390-17 SECTION 14.056. (a) Section 205.052, Occupations Code, is
390-18 amended to conform to Section 2, Chapter 443, Acts of the 76th
390-19 Legislature, Regular Session, 1999, to read as follows:
390-20 Sec. 205.052. PUBLIC MEMBER ELIGIBILITY. A person is not
390-21 eligible for appointment as a public member of the acupuncture
390-22 board if the person or the person's spouse:
390-23 (1) is registered, certified, or licensed by an
390-24 occupational regulatory agency in the field of health care;
390-25 (2) is employed by or participates in the management
390-26 of a business entity or other organization regulated by the medical
390-27 board or receiving funds from the medical board or acupuncture
391-1 board;
391-2 (3) owns or controls, directly or indirectly, more
391-3 than a 10 percent interest in a business entity or other
391-4 organization regulated by the medical board or acupuncture board or
391-5 receiving funds from the medical board; [or]
391-6 (4) uses or receives a substantial amount of tangible
391-7 goods, services, or funds from the medical board or acupuncture
391-8 board, other than compensation or reimbursement authorized by law
391-9 for acupuncture board membership, attendance, or expenses; or
391-10 (5) owns, operates, or has a financial interest in a
391-11 school of acupuncture.
391-12 (b) Section 205.053, Occupations Code, is amended to conform
391-13 to Section 2, Chapter 443, Acts of the 76th Legislature, Regular
391-14 Session, 1999, by amending Subsections (b) and (c) and adding
391-15 Subsection (e) to read as follows:
391-16 (b) An officer, board member, employee, or paid consultant
391-17 of a Texas trade association in the field of health care may not be
391-18 a member of the acupuncture board or an employee of the medical
391-19 board who is exempt from the state's position classification plan
391-20 or is compensated at or above the amount prescribed by the General
391-21 Appropriations Act for step 1, salary group A17, of the position
391-22 classification salary schedule.
391-23 (c) A person who is the spouse of an officer, board member,
391-24 manager, or paid consultant of a Texas trade association in the
391-25 field of health care may not be a member of the acupuncture board
391-26 and may not be an employee of the medical board who is exempt from
391-27 the state's position classification plan or is compensated at or
392-1 above the amount prescribed by the General Appropriations Act for
392-2 step 1, salary group A17, of the position classification salary
392-3 schedule.
392-4 (e) A person may not serve on the acupuncture board if the
392-5 person owns, operates, or has a financial interest in a school of
392-6 acupuncture.
392-7 (c) Section 2, Chapter 443, Acts of the 76th Legislature,
392-8 Regular Session, 1999, is repealed.
392-9 SECTION 14.057. (a) Section 205.203(b), Occupations Code, is
392-10 amended to conform to Section 3, Chapter 443, Acts of the 76th
392-11 Legislature, Regular Session, 1999, to read as follows:
392-12 (b) To be eligible for the examination, an applicant must:
392-13 (1) be at least 21 years of age;
392-14 (2) have completed at least 60 [48] semester hours of
392-15 college courses, including basic science courses as determined by
392-16 the acupuncture board; and
392-17 (3) be a graduate of an acupuncture school with
392-18 entrance requirements and a course of instruction that meet
392-19 standards set under Section 205.206.
392-20 (b) Subchapter E, Chapter 205, Occupations Code, is amended
392-21 to conform to Section 3, Chapter 443, Acts of the 76th Legislature,
392-22 Regular Session, 1999, by adding Section 205.2045 to read as
392-23 follows:
392-24 Sec. 205.2045. APPEARANCE OF APPLICANT BEFORE ACUPUNCTURE
392-25 BOARD. An applicant for a license to practice acupuncture may not
392-26 be required to appear before the acupuncture board or a committee
392-27 of the acupuncture board unless the application raises questions
393-1 concerning:
393-2 (1) a physical or mental impairment of the applicant;
393-3 (2) a criminal conviction of the applicant; or
393-4 (3) revocation of a professional license held by the
393-5 applicant.
393-6 (c) Section 3, Chapter 443, Acts of the 76th Legislature,
393-7 Regular Session, 1999, is repealed.
393-8 SECTION 14.058. (a) Subchapter F, Chapter 205, Occupations
393-9 Code, is amended to conform to Section 4, Chapter 443, Acts of the
393-10 76th Legislature, Regular Session, 1999, by adding Section 205.255
393-11 to read as follows:
393-12 Sec. 205.255. CONTINUING EDUCATION. (a) The acupuncture
393-13 board by rule may require a license holder to complete a certain
393-14 number of hours of continuing education courses approved by the
393-15 acupuncture board to renew a license.
393-16 (b) The acupuncture board shall consider the approval of a
393-17 course conducted by:
393-18 (1) a knowledgeable health care provider; or
393-19 (2) a reputable school, state, or professional
393-20 organization.
393-21 (b) Section 4, Chapter 443, Acts of the 76th Legislature,
393-22 Regular Session, 1999, is repealed.
393-23 SECTION 14.059. (a) Section 205.303(a), Occupations Code, is
393-24 amended to conform to Section 1, Chapter 443, Acts of the 76th
393-25 Legislature, Regular Session, 1999, to read as follows:
393-26 (a) The medical board may certify a person as an acudetox
393-27 specialist under this section if the person:
394-1 (1) provides to the medical board documentation that
394-2 the person:
394-3 (A) is a certified social worker, licensed
394-4 professional counselor, licensed psychologist, licensed chemical
394-5 dependency counselor, licensed vocational nurse, or licensed
394-6 registered nurse; and
394-7 (B) has successfully completed a training
394-8 program in acupuncture detoxification that meets guidelines
394-9 approved by the medical board; and
394-10 (2) pays a certification fee in an amount set by the
394-11 medical board.
394-12 (b) Section 1, Chapter 443, Acts of the 76th Legislature,
394-13 Regular Session, 1999, is repealed.
394-14 SECTION 14.060. Section 205.304, Occupations Code, is
394-15 amended to conform to Section 2, Chapter 908, Acts of the 76th
394-16 Legislature, Regular Session, 1999, to read as follows:
394-17 Sec. 205.304. PROFESSIONAL REVIEW ACTION. Sections 160.002,
394-18 160.003, 160.006, 160.007(d), 160.013, [and] 160.014, and 160.015
394-19 apply to professional review actions relating to the practice of
394-20 acupuncture by an acupuncturist or acupuncturist student.
394-21 PART 5. CHANGES RELATING TO SUBTITLE D,
394-22 TITLE 3, OCCUPATIONS CODE
394-23 SECTION 14.071. (a) Section 251.004, Occupations Code, is
394-24 amended to conform to Section 18, Chapter 627, Acts of the 76th
394-25 Legislature, Regular Session, 1999, to read as follows:
394-26 Sec. 251.004. EXEMPTION FROM PRACTICE OF DENTISTRY. (a) A
394-27 person does not practice dentistry as provided by Section 251.003
395-1 if the person is:
395-2 (1) a faculty member of a reputable dental or dental
395-3 hygiene school in which the member performs services for the sole
395-4 benefit of the school;
395-5 (2) a student of a reputable dental school who
395-6 performs the student's operations without pay, except for actual
395-7 cost of materials, in the presence of and under the direct personal
395-8 supervision of a demonstrator or teacher who is a faculty member of
395-9 a reputable dental school;
395-10 (3) a person:
395-11 (A) who performs laboratory work only on inert
395-12 matter; and
395-13 (B) who does not solicit or obtain work by any
395-14 means from a person who is not a licensed dentist engaged in the
395-15 practice of dentistry and does not act as the agent or solicitor
395-16 of, and does not have any interest in, a dental office or practice
395-17 or the receipts of a dental office or practice;
395-18 (4) a physician licensed in this state who does not
395-19 represent that the person is practicing dentistry, including a
395-20 physician who extracts teeth or applies pain relief in the regular
395-21 practice of the physician's profession;
395-22 (5) a dental hygienist:
395-23 (A) who is authorized to practice dental hygiene
395-24 in this state; and
395-25 (B) who practices dental hygiene in strict
395-26 conformity with the state law regulating the practice of dental
395-27 hygiene;
396-1 (6) a person who is a member of an established church
396-2 and practices healing by prayer only;
396-3 (7) an employee of a licensed dentist in this state
396-4 who makes dental x-rays in the dental office under the supervision
396-5 of the dentist;
396-6 (8) a Dental Health Service Corporation chartered
396-7 under Section A(1), Article 2.01, Texas Non-Profit Corporation Act
396-8 (Article 1396-2.01, Vernon's Texas Civil Statutes);
396-9 (9) a dental intern or dental resident as defined and
396-10 regulated by board rules;
396-11 (10) a student:
396-12 (A) who is in a dental hygiene program
396-13 accredited by the Commission on Dental Accreditation of the
396-14 American Dental Association and operated at an accredited
396-15 institution of higher education;
396-16 (B) who practices dental hygiene without pay
396-17 under the general supervision of a dentist and under the
396-18 supervision of a demonstrator or teacher who is a faculty member of
396-19 the program:
396-20 (i) in a clinic operated for the sole
396-21 benefit of the program's institution of higher education; or
396-22 (ii) in a clinic operated by a government
396-23 or nonprofit organization that serves underserved populations as
396-24 determined by board rule; and
396-25 (C) who practices in strict conformity with
396-26 state law regulating the practice of dental hygiene;
396-27 (11) a dental assistant who performs duties permitted
397-1 under Chapter 265, in strict conformity with state law; [or]
397-2 (12) a dentist or dental hygienist licensed by another
397-3 state or a foreign country who performs a clinical procedure only
397-4 as a demonstration for professional and technical education
397-5 purposes, if the dentist or dental hygienist first obtains from the
397-6 board a temporary license for that purpose;
397-7 (13) a dental hygienist who is a faculty member of a
397-8 dental or dental hygiene school while practicing dental hygiene:
397-9 (A) under the supervision of a dentist licensed
397-10 in this state or of a teacher or demonstrator who is a dentist
397-11 faculty member of the school; and
397-12 (B) in strict conformity with state law
397-13 regulating the practice of dental hygiene;
397-14 (14) a dentist who is in a remedial training program
397-15 sponsored by the Commission on Dental Accreditation of the American
397-16 Dental Association at an accredited dental or dental hygiene
397-17 school;
397-18 (15) a dental hygienist who is in a remedial training
397-19 program sponsored by the Commission on Dental Accreditation of the
397-20 American Dental Association at an accredited dental or dental
397-21 hygiene school and who acts in strict conformity with state law
397-22 regulating the practice of dental hygiene, except that supervision
397-23 may be provided by a demonstrator or teacher who is a dentist
397-24 member of the program;
397-25 (16) a dentist who is not licensed in this state and
397-26 who is taking the dental clinical examination offered by the
397-27 Western Regional Examining Board in this state;
398-1 (17) a dental hygienist who is not licensed in this
398-2 state and who is taking the dental hygiene clinical examination
398-3 offered by the Western Regional Examining Board in this state if
398-4 participation is in strict conformity with state law regulating the
398-5 practice of dental hygiene, except that supervision may be provided
398-6 by a dentist whose services are secured by the Western Regional
398-7 Examining Board;
398-8 (18) a dentist whose license is in retired status or
398-9 who is licensed in another state and is attending a continuing
398-10 education clinical program offered at a dental or dental hygiene
398-11 school accredited by the Commission on Dental Accreditation of the
398-12 American Dental Association; or
398-13 (19) a dental hygienist whose dental hygienist license
398-14 is in retired status or who is licensed in another state and is
398-15 attending a continuing education clinical program offered at a
398-16 dental or dental hygiene school accredited by the Commission on
398-17 Dental Accreditation of the American Dental Association if tasks
398-18 are performed in strict conformity with state law regulating the
398-19 practice of dental hygiene, except that supervision may be provided
398-20 by a dentist member of the program.
398-21 (b) A person's activities described by Subsections (a)(14),
398-22 (15), and (18) are considered not to be the practice of dentistry
398-23 only to the extent the person is participating in the specified
398-24 program.
398-25 (b) Section 18, Chapter 627, Acts of the 76th Legislature,
398-26 Regular Session, 1999, is repealed.
398-27 SECTION 14.072. (a) Sections 252.003(b) and (c), Occupations
399-1 Code, are amended to conform to Section 1, Chapter 627, Acts of the
399-2 76th Legislature, Regular Session, 1999, to read as follows:
399-3 (b) An officer, employee, or paid consultant of a Texas
399-4 trade association in the field of health care may not be a member
399-5 or employee of the board who is exempt from the state's position
399-6 classification plan or is compensated at or above the amount
399-7 prescribed by the General Appropriations Act for B9 [step 1, salary
399-8 group A17,] of the position classification salary schedule.
399-9 (c) A person who is the spouse of an officer, manager, or
399-10 paid consultant of a Texas trade association in the field of health
399-11 care may not be a board member and may not be a board employee who
399-12 is exempt from the state's position classification plan or is
399-13 compensated at or above the amount prescribed by the General
399-14 Appropriations Act for B9 [step 1, salary group A17,] of the
399-15 position classification salary schedule.
399-16 (b) Section 1, Chapter 627, Acts of the 76th Legislature,
399-17 Regular Session, 1999, is repealed.
399-18 SECTION 14.073. (a) Section 253.003(b), Occupations Code, is
399-19 amended to conform to Section 5, Chapter 627, Acts of the 76th
399-20 Legislature, Regular Session, 1999, to read as follows:
399-21 (b) The board may employ:
399-22 (1) committees, clerks, advisors, consultants,
399-23 dentists, hygienists, or examiners to assist the board in
399-24 performing its duties; and
399-25 (2) other persons determined necessary:
399-26 (A) to assist the local prosecuting officers of
399-27 a county in the enforcement of state laws prohibiting the unlawful
400-1 practice of dentistry; and
400-2 (B) to carry out other purposes for which funds
400-3 are appropriated.
400-4 (b) Section 5, Chapter 627, Acts of the 76th Legislature,
400-5 Regular Session, 1999, is repealed.
400-6 SECTION 14.074. (a) Chapter 254, Occupations Code, is
400-7 amended to conform to Section 17, Chapter 627, Acts of the 76th
400-8 Legislature, Regular Session, 1999, by adding Section 254.0011 to
400-9 read as follows:
400-10 Sec. 254.0011. RULES RELATING TO CONTROL OF DENTAL PRACTICE.
400-11 (a) The board may adopt rules relating to the practice of
400-12 dentistry as described by Section 251.003(a)(9) to prohibit a
400-13 dentist from engaging in contracts that allow a person who is not a
400-14 dentist to influence or interfere with the exercise of the
400-15 dentist's independent professional judgment.
400-16 (b) Rules adopted by the board under this subtitle may not
400-17 preclude a dentist's right to contract with a management service
400-18 organization. Rules affecting contracts for provision of
400-19 management services apply the same to dentists contracting with
400-20 management service organizations and to dentists otherwise
400-21 contracting for management services.
400-22 (b) Section 17, Chapter 627, Acts of the 76th Legislature,
400-23 Regular Session, 1999, is repealed.
400-24 SECTION 14.075. (a) Section 254.004(b), Occupations Code, is
400-25 amended to conform to Section 16, Chapter 627, Acts of the 76th
400-26 Legislature, Regular Session, 1999, to read as follows:
400-27 (b) The amount of the dental application [examination] fee
401-1 and dentist annual renewal fee is the amount set by the board under
401-2 Subsection (a) and an additional charge of $200. Of each fee
401-3 increase collected under this subsection, $50 shall be deposited to
401-4 the credit of the foundation school fund and $150 shall be
401-5 deposited to the credit of the general revenue fund.
401-6 (b) Section 16, Chapter 627, Acts of the 76th Legislature,
401-7 Regular Session, 1999, is repealed.
401-8 SECTION 14.076. (a) Section 254.006, Occupations Code, is
401-9 amended to conform to Section 3, Chapter 1204, Acts of the 76th
401-10 Legislature, Regular Session, 1999, and Section 12, Chapter 627,
401-11 Acts of the 76th Legislature, Regular Session, 1999, by amending
401-12 Subsection (b) and adding Subsection (c) to read as follows:
401-13 (b) Investigation files and other records are confidential
401-14 and shall be divulged only to the persons investigated at the
401-15 completion of the investigation. The board may share investigation
401-16 files and other records with another state regulatory agency or a
401-17 local, state, or federal law enforcement agency [during a joint
401-18 investigation or in determining the feasibility of conducting an
401-19 investigation].
401-20 (c) The exception from public disclosure of investigation
401-21 files and records provided by this section does not apply to the
401-22 disclosure of a disciplinary action of the board, including:
401-23 (1) the revocation or suspension of a license;
401-24 (2) the imposition of a fine on a license holder;
401-25 (3) the placement on probation with conditions of a
401-26 license holder whose license has been suspended;
401-27 (4) the reprimand of a license holder; or
402-1 (5) the issuance of a warning letter to a license
402-2 holder.
402-3 (b) Section 254.007(a), Occupations Code, is amended to
402-4 conform to Section 12, Chapter 627, Acts of the 76th Legislature,
402-5 Regular Session, 1999, to read as follows:
402-6 (a) The board shall keep records of the name, permanent
402-7 address [residence], and place of business of each person
402-8 authorized under this subtitle to practice dentistry, dental
402-9 hygiene, or another profession or business under the board's
402-10 jurisdiction as provided by law.
402-11 (c) Section 256.105(a), Occupations Code, is amended to
402-12 conform to Section 12, Chapter 627, Acts of the 76th Legislature,
402-13 Regular Session, 1999, to read as follows:
402-14 (a) Each dentist, dental hygienist, dental laboratory, and
402-15 dental technician licensed or registered with the board shall
402-16 timely notify the board in writing of:
402-17 (1) any change of address of the person's place of
402-18 business; and
402-19 (2) any change of employers for the dentist, dental
402-20 hygienist, dental laboratory, or dental technician, and any change
402-21 of owners for the dental laboratory.
402-22 (d) The following are repealed:
402-23 (1) Section 3, Chapter 1204, Acts of the 76th
402-24 Legislature, Regular Session, 1999; and
402-25 (2) Section 12, Chapter 627, Acts of the 76th
402-26 Legislature, Regular Session, 1999.
402-27 SECTION 14.077. (a) Section 254.008(a), Occupations Code, is
403-1 amended to conform to Section 26, Chapter 627, Acts of the 76th
403-2 Legislature, Regular Session, 1999, to read as follows:
403-3 (a) In the absence of fraud, conspiracy, or malice, a member
403-4 of the board, a full-time or part-time employee of the board, a
403-5 person who contracts with the board, a witness called to testify by
403-6 the board, or a consultant or hearing officer appointed by the
403-7 board is not liable or subject to suit in a civil action for any
403-8 damage caused by the person for an investigation, report,
403-9 recommendation, statement, evaluation, finding, order, or award
403-10 made in the performance of the person's official duties.
403-11 (b) Section 26, Chapter 627, Acts of the 76th Legislature,
403-12 Regular Session, 1999, is repealed.
403-13 SECTION 14.078. (a) Section 255.008(a), Occupations Code, is
403-14 amended to conform to Section 15, Chapter 627, Acts of the 76th
403-15 Legislature, Regular Session, 1999, to read as follows:
403-16 (a) The board shall develop and implement policies that
403-17 provide the public with a reasonable opportunity to appear before
403-18 the board and to speak on any issue under the board's jurisdiction,
403-19 except to the extent the communication would be ex parte under any
403-20 law.
403-21 (b) Section 15, Chapter 627, Acts of the 76th Legislature,
403-22 Regular Session, 1999, is repealed.
403-23 SECTION 14.079. (a) Section 256.002, Occupations Code, is
403-24 amended to conform to Sections 2 and 3, Chapter 627, Acts of the
403-25 76th Legislature, Regular Session, 1999, to read as follows:
403-26 Sec. 256.002. MINIMUM QUALIFICATIONS OF DENTAL APPLICANT.
403-27 (a) An applicant for a license to practice dentistry must:
404-1 (1) be at least 21 years of age;
404-2 (2) be [present evidence] of good moral character; and
404-3 (3) present proof of:
404-4 (A) graduation from a dental school accredited
404-5 by the Commission on Dental Accreditation of the American Dental
404-6 Association; or
404-7 (B) graduation from a dental school that is not
404-8 accredited by the commission and successful completion of training
404-9 in an American Dental Association approved specialty in an
404-10 education program accredited by the commission that consists of at
404-11 least two years of training as specified by the Council on Dental
404-12 Education.
404-13 (b) The board shall grant a dental license to an applicant
404-14 who:
404-15 (1) meets the qualifications of this section;
404-16 (2) pays an application [examination] fee set by the
404-17 board; and
404-18 (3) satisfactorily passes the examination required by
404-19 the board.
404-20 (b) Section 256.003(d), Occupations Code, is amended to
404-21 conform to Section 2, Chapter 627, Acts of the 76th Legislature,
404-22 Regular Session, 1999, to read as follows:
404-23 (d) The board shall have the written portion of the board's
404-24 jurisprudence examination validated by an independent testing
404-25 professional.
404-26 (c) Section 256.005, Occupations Code, is amended to conform
404-27 to Section 2, Chapter 627, Acts of the 76th Legislature, Regular
405-1 Session, 1999, by adding Subsection (d) to read as follows:
405-2 (d) If the board contracts with an independent or regional
405-3 testing service, this section does not apply. The contract with
405-4 the testing service must provide for the notification of results as
405-5 provided by Subsection (a).
405-6 (d) Section 257.005(a), Occupations Code, is amended to
405-7 conform to Sections 2 and 23, Chapter 627, Acts of the 76th
405-8 Legislature, Regular Session, 1999, to read as follows:
405-9 (a) The board shall develop a mandatory continuing education
405-10 program for licensed dentists and dental hygienists. The board by
405-11 rule shall require a license holder to complete at least 12 [36]
405-12 hours of continuing education for [in] each annual registration
405-13 [three-year] period to renew the license for a subsequent annual
405-14 period [maintain the person's license].
405-15 (e) Section 256.004, Occupations Code, is repealed to
405-16 conform to Section 2, Chapter 627, Acts of the 76th Legislature,
405-17 Regular Session, 1999.
405-18 (f) Sections 2, 3, and 23, Chapter 627, Acts of the 76th
405-19 Legislature, Regular Session, 1999, are repealed.
405-20 SECTION 14.080. (a) Section 256.053, Occupations Code, is
405-21 amended to conform to Section 19, Chapter 627, Acts of the 76th
405-22 Legislature, Regular Session, 1999, to read as follows:
405-23 Sec. 256.053. ELIGIBILITY FOR LICENSE. (a) An [To qualify
405-24 for a license, an] applicant for a license to practice dental
405-25 hygiene in this state must be:
405-26 (1) at least 18 years of age;
405-27 (2) of good moral character;
406-1 (3) a graduate of an accredited high school or hold a
406-2 certificate of high school equivalency; and
406-3 (4) [(3)] a graduate of a recognized school of
406-4 dentistry or dental hygiene accredited by the Commission on Dental
406-5 Accreditation of the American Dental Association and approved by
406-6 the board.
406-7 (b) A school of dentistry or dental hygiene described by
406-8 Subsection (a)(4) must include at least two full academic years of
406-9 instruction or its equivalent at the postsecondary level.
406-10 (b) Section 19, Chapter 627, Acts of the 76th Legislature,
406-11 Regular Session, 1999, is repealed.
406-12 SECTION 14.081. (a) Section 256.054, Occupations Code, is
406-13 amended to conform to Section 22, Chapter 627, Acts of the 76th
406-14 Legislature, Regular Session, 1999, to read as follows:
406-15 Sec. 256.054. APPLICATION FOR EXAMINATION. To take the
406-16 examination under Section 256.055, an applicant for a license must:
406-17 (1) submit an application on a form prescribed by the
406-18 board;
406-19 (2) pay the application fee set by the board;
406-20 (3) attach to the application:
406-21 (A) proof of current certification in
406-22 cardiopulmonary resuscitation approved by the American Heart
406-23 Association or American Red Cross; or
406-24 (B) if the applicant is not physically able to
406-25 comply with the certification requirements of Paragraph (A), a
406-26 written statement describing the person's physical incapacity
406-27 executed by a licensed physician or an instructor in
407-1 cardiopulmonary resuscitation approved by the American Heart
407-2 Association or American Red Cross; and
407-3 (4) provide any other information the board requires
407-4 to determine the applicant's qualifications.
407-5 (b) Section 256.055(d), Occupations Code, is amended to
407-6 conform to Section 22, Chapter 627, Acts of the 76th Legislature,
407-7 Regular Session, 1999, to read as follows:
407-8 (d) The board shall have the written portion of the board's
407-9 jurisprudence examination validated by an independent testing
407-10 professional.
407-11 (c) Section 256.056, Occupations Code, is amended to conform
407-12 to Section 22, Chapter 627, Acts of the 76th Legislature, Regular
407-13 Session, 1999, to read as follows:
407-14 Sec. 256.056. EXAMINATION RESULTS. (a) The board shall
407-15 notify each examinee of the results of the examination within a
407-16 reasonable time after the date of the examination.
407-17 (b) If the board contracts with an independent or regional
407-18 testing service, the contract with the service must provide for the
407-19 notification of results.
407-20 (d) Section 22, Chapter 627, Acts of the 76th Legislature,
407-21 Regular Session, 1999, is repealed.
407-22 SECTION 14.082. (a) Section 256.101(a), Occupations Code, is
407-23 amended to conform to Section 4, Chapter 627, Acts of the 76th
407-24 Legislature, Regular Session, 1999, to read as follows:
407-25 (a) The board shall issue a license to practice dentistry to
407-26 a reputable dentist or a license to practice dental hygiene to a
407-27 reputable [dentist or] dental hygienist who:
408-1 (1) pays the fee set by the board;
408-2 (2) is licensed in good standing as a dentist or
408-3 dental hygienist in another state that has licensing requirements
408-4 substantially equivalent to the requirements of this subtitle;
408-5 (3) has not been the subject of a final disciplinary
408-6 action and is not the subject of a pending disciplinary action in
408-7 any jurisdiction in which the dentist or dental hygienist is or has
408-8 been licensed;
408-9 (4) has graduated from a dental or dental hygiene
408-10 school accredited by the Commission on Dental Accreditation of the
408-11 American Dental Association and approved by the board under board
408-12 rule;
408-13 (5) has passed a national or other examination
408-14 relating to dentistry or dental hygiene and recognized by the
408-15 board;
408-16 (6) has passed the board's jurisprudence examination;
408-17 (7) has submitted documentation of current
408-18 cardiopulmonary resuscitation certification;
408-19 (8) has practiced dentistry or dental hygiene:
408-20 (A) for at least the five years preceding the
408-21 date of application for a license under this section; or
408-22 (B) as a dental educator at a dental school or
408-23 dental hygiene school accredited by the Commission on Dental
408-24 Accreditation of the American Dental Association for at least the
408-25 five years preceding the date of application for a license under
408-26 this section;
408-27 (9) has been endorsed by the board of dentistry in the
409-1 jurisdiction in which the applicant practices at the time of
409-2 application; and
409-3 (10) meets any additional criteria established by
409-4 board rule.
409-5 (b) Section 4, Chapter 627, Acts of the 76th Legislature,
409-6 Regular Session, 1999, is repealed.
409-7 SECTION 14.083. (a) Section 256.103, Occupations Code, is
409-8 amended to conform to Section 6, Chapter 627, Acts of the 76th
409-9 Legislature, Regular Session, 1999, to read as follows:
409-10 Sec. 256.103. DISPLAY OF ANNUAL REGISTRATION CERTIFICATE
409-11 [DENTIST'S LICENSE]. (a) A licensed dentist or dental hygienist
409-12 shall display the person's current registration certificate
409-13 [dentist's license issued by the board] in each [the dentist's]
409-14 office in which the person provides dental services [the patient's
409-15 plain view]. If the dentist or dental hygienist provides dental
409-16 services at more than one location, the person may display a
409-17 duplicate of the original registration certificate obtained from
409-18 the board on payment of a duplicate certificate fee set by the
409-19 board.
409-20 (b) A licensed dentist may not operate on a patient's mouth
409-21 or treat lesions of the mouth or teeth unless the dentist displays
409-22 the dentist's registration certificate [license].
409-23 (b) Section 6, Chapter 627, Acts of the 76th Legislature,
409-24 Regular Session, 1999, is repealed.
409-25 SECTION 14.084. (a) Sections 257.002(c) and (d), Occupations
409-26 Code, are amended to conform to Section 14, Chapter 627, Acts of
409-27 the 76th Legislature, Regular Session, 1999, to read as follows:
410-1 (c) A person whose license has been expired for 90 days or
410-2 less may renew the license by paying to the board the required
410-3 renewal fee and a fee that is equal to half of the amount of the
410-4 license application [examination] fee. A person whose license has
410-5 been expired for more than 90 days but less than one year may renew
410-6 the license by paying to the board all unpaid renewal fees and a
410-7 fee that is equal to the amount of the license application
410-8 [examination] fee.
410-9 (d) Except as provided by [Section 256.102 or] Section
410-10 257.003, a person whose license has been expired for one year or
410-11 longer may not renew the license. The person may obtain a new
410-12 license by submitting to reexamination and complying with the
410-13 requirements and procedures for obtaining an original license.
410-14 (b) Section 257.003, Occupations Code, is amended to conform
410-15 to Section 14, Chapter 627, Acts of the 76th Legislature, Regular
410-16 Session, 1999, to read as follows:
410-17 Sec. 257.003. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE
410-18 PRACTITIONER. The board by rule may provide for renewal of an
410-19 expired license without reexamination for a person who was licensed
410-20 in this state, moved to another state, and is currently licensed
410-21 and has been in practice in the other state for the two years
410-22 preceding the date the person applied for renewal. The person must
410-23 pay to the board a fee that is equal to the amount of the license
410-24 application [examination] fee.
410-25 (c) Section 14, Chapter 627, Acts of the 76th Legislature,
410-26 Regular Session, 1999, is repealed.
410-27 SECTION 14.085. (a) Section 257.004, Occupations Code, is
411-1 amended to conform to Section 13, Chapter 627, Acts of the 76th
411-2 Legislature, Regular Session, 1999, to read as follows:
411-3 Sec. 257.004. CARDIOPULMONARY RESUSCITATION [CERTIFICATION]
411-4 REQUIREMENTS [FOR DENTAL HYGIENISTS]. (a) A person holding a
411-5 dental or dental hygienist license must attach to the person's
411-6 renewal application:
411-7 (1) proof that the applicant has successfully
411-8 completed a [of] current course [certification] in cardiopulmonary
411-9 resuscitation approved by the American Heart Association or
411-10 American Red Cross; or
411-11 (2) if the person is not physically able to comply
411-12 with the [certification] requirements of Subdivision (1), a written
411-13 statement describing the person's physical incapacity executed by a
411-14 licensed physician or an instructor in cardiopulmonary
411-15 resuscitation approved by the American Heart Association or
411-16 American Red Cross.
411-17 (b) A dentist or dental hygienist licensed by the board who
411-18 resides in a country other than the United States on the renewal
411-19 date of the person's license is exempt from the requirements of
411-20 Subsection (a) if the person submits proof of foreign residence
411-21 with the person's renewal application.
411-22 (b) Section 13, Chapter 627, Acts of the 76th Legislature,
411-23 Regular Session, 1999, is repealed.
411-24 SECTION 14.086. (a) Sections 258.051(b) and (c), Occupations
411-25 Code, are amended to conform to Section 11, Chapter 627, Acts of
411-26 the 76th Legislature, Regular Session, 1999, and Section 1, Chapter
411-27 1330, Acts of the 76th Legislature, Regular Session, 1999, to read
412-1 as follows:
412-2 (b) A dentist's records may not be sold, pledged as
412-3 collateral, or transferred to any person other than the patient
412-4 unless[:]
412-5 [(1) the other person is a dentist licensed by the
412-6 board; and]
412-7 [(2)] the transfer is made in compliance with
412-8 Subchapter C and board rules.
412-9 (c) This section does not prevent the voluntary submission
412-10 of records to an insurance company to determine benefits when
412-11 consent for the disclosure has been granted under Section 258.104.
412-12 (b) Chapter 258, Occupations Code, is amended to conform to
412-13 Section 11, Chapter 627, Acts of the 76th Legislature, Regular
412-14 Session, 1999, and Section 1, Chapter 1330, Acts of the 76th
412-15 Legislature, Regular Session, 1999, by adding Subchapter C to read
412-16 as follows:
412-17 SUBCHAPTER C. DENTAL PRIVILEGE
412-18 Sec. 258.101. DEFINITIONS. In this subchapter:
412-19 (1) "Dental record" means dental information about a
412-20 patient:
412-21 (A) created or maintained by a dentist; and
412-22 (B) relating to the history or treatment of the
412-23 patient.
412-24 (2) "Dentist" means a person licensed to practice
412-25 dentistry.
412-26 (3) "Patient" means a person who consults with a
412-27 dentist to receive dental care.
413-1 (4) "Privilege" means the confidentiality privilege
413-2 created by this subchapter.
413-3 Sec. 258.102. SCOPE OF PRIVILEGE. (a) The following
413-4 information is privileged and may not be disclosed except as
413-5 provided by this subchapter:
413-6 (1) a communication between a dentist and a patient
413-7 that relates to a professional service provided by the dentist; and
413-8 (2) a dental record.
413-9 (b) The privilege described by this section applies
413-10 regardless of when the patient received the professional service
413-11 from the dentist.
413-12 Sec. 258.103. HOLDER OF PRIVILEGE. (a) The patient is the
413-13 holder of the privilege.
413-14 (b) The following persons may claim the privilege on the
413-15 patient's behalf:
413-16 (1) a person authorized to act on the patient's
413-17 behalf;
413-18 (2) a dentist acting on the patient's behalf; and
413-19 (3) an agent or employee of a person listed in
413-20 Subdivision (1) or (2).
413-21 (c) A person's authority to claim the privilege is presumed
413-22 in the absence of evidence to the contrary.
413-23 Sec. 258.104. CONSENT TO DISCLOSURE OF PRIVILEGED
413-24 INFORMATION. (a) A person may disclose privileged information if
413-25 the patient consents to the disclosure as provided in this section.
413-26 (b) Consent for the release of privileged information must
413-27 be in writing and be signed by:
414-1 (1) the patient;
414-2 (2) a parent or legal guardian of the patient, if the
414-3 patient is a minor;
414-4 (3) a legal guardian of the patient, if the patient
414-5 has been adjudicated incompetent to manage the patient's personal
414-6 affairs;
414-7 (4) an attorney ad litem appointed for the patient, as
414-8 authorized by:
414-9 (A) Chapter 107, Family Code;
414-10 (B) Subtitle B, Title 6, Health and Safety Code;
414-11 (C) Subtitle C, Title 7, Health and Safety Code;
414-12 (D) Subtitle D, Title 7, Health and Safety Code;
414-13 (E) Subtitle E, Title 7, Health and Safety Code;
414-14 (F) Chapter V, Texas Probate Code; or
414-15 (G) any other law; or
414-16 (5) a personal representative of the patient, if the
414-17 patient is deceased.
414-18 (c) The consent required under this section must specify:
414-19 (1) the information covered by the release;
414-20 (2) the person to whom the information is to be
414-21 released; and
414-22 (3) the purpose for the release.
414-23 (d) A person may withdraw consent granted under this section
414-24 by notifying in writing the person who maintains the information.
414-25 Withdrawal of consent does not affect information disclosed before
414-26 the written notice of the withdrawal is delivered.
414-27 Sec. 258.105. EXCEPTION TO PRIVILEGE FOR CERTAIN
415-1 PROCEEDINGS. (a) The privilege does not apply in a court or
415-2 administrative proceeding if the proceeding is:
415-3 (1) brought by the patient against a dentist,
415-4 including a malpractice, criminal, or license revocation
415-5 proceeding, and the disclosure is relevant to a claim or defense of
415-6 the dentist; or
415-7 (2) to collect on a claim for dental services rendered
415-8 to the patient.
415-9 (b) The privilege does not apply to the disclosure of a
415-10 dental record:
415-11 (1) to the board in a disciplinary investigation or
415-12 proceeding against a dentist conducted under this subtitle; or
415-13 (2) in a criminal investigation or proceeding against
415-14 a dentist in which the board is participating or assisting by
415-15 providing a record obtained from the dentist.
415-16 (c) The board may not reveal the identity of a patient whose
415-17 dental record is disclosed under Subsection (b).
415-18 (d) Privileged information is discoverable in a criminal
415-19 prosecution if:
415-20 (1) the patient is a victim, witness, or defendant;
415-21 and
415-22 (2) the court in which the prosecution is pending
415-23 rules, after an in camera review, that the information is relevant
415-24 for discovery purposes.
415-25 (e) Privileged information is admissible in a criminal
415-26 prosecution if:
415-27 (1) the patient is a victim, witness, or defendant;
416-1 and
416-2 (2) the court in which the prosecution is pending
416-3 rules, after an in camera review, that the information is relevant.
416-4 (f) The privilege does not apply to a grand jury subpoena.
416-5 Sec. 258.106. EXCEPTION TO PRIVILEGE FOR CERTAIN DISCLOSURES
416-6 BY DENTIST. (a) The privilege does not apply to the disclosure of
416-7 information by a dentist to:
416-8 (1) a governmental agency, if:
416-9 (A) the disclosure is required by another law;
416-10 and
416-11 (B) the agency agrees to keep confidential the
416-12 identity of a patient whose dental record is disclosed;
416-13 (2) medical or law enforcement personnel, if the
416-14 dentist determines that it is more likely than not that the
416-15 following will occur:
416-16 (A) imminent physical injury to the patient, the
416-17 dentist, or others; or
416-18 (B) immediate mental or emotional injury to the
416-19 patient;
416-20 (3) a person in relation to a management or financial
416-21 audit, program evaluation, or research, if the person agrees to
416-22 keep confidential the identity of a patient whose dental record is
416-23 disclosed;
416-24 (4) a person involved in the payment or collection of
416-25 fees for services rendered by a dentist, if necessary; or
416-26 (5) another dentist, or a person under the direction
416-27 of the dentist, who participates in the diagnosis, evaluation, or
417-1 treatment of the patient.
417-2 (b) A person who receives information under Subsection
417-3 (a)(3) may not disclose a patient's identity in writing.
417-4 (c) A record reflecting a charge or specific service
417-5 provided may be disclosed only when necessary in the collection of
417-6 fees for a service provided by a dentist, professional association,
417-7 or other entity qualified to provide or arrange for a service.
417-8 Sec. 258.107. EXCEPTION TO PRIVILEGE FOR CERTAIN LEGISLATIVE
417-9 INQUIRIES. A state hospital or state school may disclose a dental
417-10 record if:
417-11 (1) the state hospital or state school created the
417-12 record;
417-13 (2) an inquiry authorized by the legislature requests
417-14 the information; and
417-15 (3) the entity receiving the record agrees not to
417-16 disclose a patient's identity.
417-17 Sec. 258.108. LIMIT ON DISCLOSURE. A person who receives
417-18 privileged information may disclose the information to another
417-19 person only to the extent consistent with the purpose for which the
417-20 information was obtained.
417-21 Sec. 258.109. REQUEST FOR DENTAL RECORD: TIMING; EXCEPTION.
417-22 (a) If disclosure of a dental record is authorized under this
417-23 subchapter, a dentist shall disclose the dental record within a
417-24 reasonable period after it is requested but not later than:
417-25 (1) the 30th day after the date on which it is
417-26 requested from the dentist; or
417-27 (2) a date ordered by a court.
418-1 (b) A dentist may refuse to disclose the requested record if
418-2 the dentist determines that providing the information would be
418-3 harmful to the physical, mental, or emotional health of the
418-4 patient, except that requests from the board may not be refused.
418-5 If the dentist determines that disclosing the record would be
418-6 harmful, the dentist shall notify the person requesting the record
418-7 and explain why the information would be harmful. The person
418-8 requesting the record may challenge in court the dentist's refusal
418-9 to disclose the record. If the court finds that the dentist made
418-10 the refusal in bad faith, the court may order the disclosure of the
418-11 record and award costs and attorney's fees incurred by the person
418-12 to obtain the information.
418-13 (c) In disclosing a dental record under this section, a
418-14 dentist shall redact privileged information about another person.
418-15 (d) A dentist may charge a reasonable fee for providing a
418-16 dental record under this section. For purposes of this subsection,
418-17 a fee established under Section 241.154, Health and Safety Code,
418-18 is a reasonable fee.
418-19 (c) The following are repealed:
418-20 (1) Section 11, Chapter 627, Acts of the 76th
418-21 Legislature, Regular Session, 1999; and
418-22 (2) Section 1, Chapter 1330, Acts of the 76th
418-23 Legislature, Regular Session, 1999.
418-24 SECTION 14.087. (a) Section 259.003(a), Occupations Code, is
418-25 amended to conform to Section 7, Chapter 627, Acts of the 76th
418-26 Legislature, Regular Session, 1999, to read as follows:
418-27 (a) A person may use a corporation, company, association, or
419-1 trade name, provided that each patient shall be given the name of
419-2 the treating dentist, in writing, either before or after each
419-3 office visit.
419-4 (b) Section 7, Chapter 627, Acts of the 76th Legislature,
419-5 Regular Session, 1999, is repealed.
419-6 SECTION 14.088. (a) Section 259.008, Occupations Code, is
419-7 amended to conform to Section 8, Chapter 627, Acts of the 76th
419-8 Legislature, Regular Session, 1999, to read as follows:
419-9 Sec. 259.008. UNPROFESSIONAL CONDUCT. A person may not
419-10 directly or indirectly engage in unprofessional conduct relating to
419-11 dentistry, including:
419-12 (1) obtaining or attempting to collect a fee by fraud
419-13 or misrepresentation;
419-14 (2) orally [verbally] soliciting dental business if
419-15 the solicitation is:
419-16 (A) directed to an individual or a group of less
419-17 than five individuals; and
419-18 (B) made for the primary purpose of attracting
419-19 the individual or the group to a particular dental practice;
419-20 (3) employing, directly or indirectly, or permitting
419-21 an unlicensed person to perform dental services on a person, except
419-22 as authorized by law;
419-23 (4) claiming or circulating a statement of:
419-24 (A) professional superiority; or
419-25 (B) performance of professional services in a
419-26 superior manner;
419-27 (5) forging, altering, or changing a legal document
420-1 relating to the practice of dentistry, including a diploma,
420-2 license, registration certificate, or transcript;
420-3 (6) being a party to or benefiting from the forgery,
420-4 alteration, or changing of a legal document relating to the
420-5 practice of dentistry;
420-6 (7) making a false statement or misusing a legal
420-7 document relating to the practice of dentistry;
420-8 (8) accepting employment as a dentist under a false,
420-9 misleading, or deceptive referral scheme;
420-10 (9) advertising the performance of dental work without
420-11 pain or discomfort to the patient; or
420-12 (10) advertising a prediction of future satisfaction
420-13 or success of a dental service.
420-14 (b) Section 8, Chapter 627, Acts of the 76th Legislature,
420-15 Regular Session, 1999, is repealed.
420-16 SECTION 14.089. (a) Section 262.056, Occupations Code, is
420-17 amended to conform to Section 21, Chapter 627, Acts of the 76th
420-18 Legislature, Regular Session, 1999, to read as follows:
420-19 Sec. 262.056. PER DIEM; REIMBURSEMENT. (a) An advisory
420-20 committee member is entitled to[:]
420-21 [(1)] the per diem set by the General Appropriations
420-22 Act for each day the member engages in committee business[; and]
420-23 [(2) transportation expenses as provided by the
420-24 General Appropriations Act].
420-25 (b) An advisory committee member may receive [is not
420-26 entitled to] reimbursement for travel expenses, including expenses
420-27 for meals and lodging [except as provided by Subsection (a)(2)].
421-1 (b) Section 21, Chapter 627, Acts of the 76th Legislature,
421-2 Regular Session, 1999, is repealed.
421-3 SECTION 14.090. (a) Subchapter B, Chapter 262, Occupations
421-4 Code, is amended to conform to Section 24, Chapter 627, Acts of the
421-5 76th Legislature, Regular Session, 1999, by adding Section 262.057
421-6 to read as follows:
421-7 Sec. 262.057. APPLICATION OF SUNSET ACT TO ADVISORY
421-8 COMMITTEE. The advisory committee is subject to Chapter 325,
421-9 Government Code (Texas Sunset Act). Unless continued in existence
421-10 as provided by that chapter, the advisory committee is abolished
421-11 September 1, 2005. An advisory committee is abolished on the date
421-12 set for abolition of the agency unless the advisory committee is
421-13 expressly continued by law as established by the legislature.
421-14 (b) Section 24, Chapter 627, Acts of the 76th Legislature,
421-15 Regular Session, 1999, is repealed.
421-16 SECTION 14.091. (a) Section 262.152, Occupations Code, is
421-17 amended to conform to Section 20, Chapter 627, Acts of the 76th
421-18 Legislature, Regular Session, 1999, to read as follows:
421-19 Sec. 262.152. PERFORMANCE OF DELEGATED DUTIES. [(a)] A
421-20 dental hygienist shall practice dental hygiene:
421-21 (1) in the [a supervising dentist's] dental office of
421-22 a supervising dentist licensed by the board; or
421-23 (2) in an alternate setting, including a nursing home,
421-24 [or] the patient's home, a school, a hospital, a state institution,
421-25 a public health clinic, or another institution, under the
421-26 supervision of a supervising dentist.
421-27 [(b) A dental hygienist who practices dental hygiene under
422-1 Subsection (a)(1) must be employed by a supervising dentist who is
422-2 licensed by the board.]
422-3 [(c) This section does not apply if the dental hygienist is
422-4 employed by a school, hospital, state institution, public health
422-5 clinic, or other institution that has been approved by the board as
422-6 a proper location for the performance of a dental procedure.]
422-7 (b) Section 20, Chapter 627, Acts of the 76th Legislature,
422-8 Regular Session, 1999, is repealed.
422-9 SECTION 14.092. (a) Section 263.001, Occupations Code, is
422-10 amended to conform to Section 9, Chapter 627, Acts of the 76th
422-11 Legislature, Regular Session, 1999, to read as follows:
422-12 Sec. 263.001. GROUNDS FOR REFUSAL TO [EXAMINE OR] ISSUE
422-13 LICENSE. The board may refuse to [examine a person or to] issue a
422-14 license by examination to a dental [license] or [a] dental hygiene
422-15 applicant [hygienist license to a person] if the person:
422-16 (1) presents to the board fraudulent or false evidence
422-17 of the person's qualification for examination or license;
422-18 (2) is guilty of any illegality, fraud, or deception
422-19 during the examination or the process to secure a license;
422-20 (3) is habitually intoxicated or is addicted to drugs;
422-21 (4) commits a dishonest or illegal practice in or
422-22 connected to dentistry or dental hygiene;
422-23 (5) is convicted of a felony under a federal law or
422-24 law of this state; or
422-25 (6) is found to have violated a law of this state
422-26 relating to the practice of dentistry within the 12 months
422-27 preceding the date the person filed an application for a license to
423-1 practice dentistry or dental hygiene.
423-2 (b) Section 263.002, Occupations Code, is amended to conform
423-3 to Section 9, Chapter 627, Acts of the 76th Legislature, Regular
423-4 Session, 1999, and Sections 1 and 2, Chapter 1204, Acts of the 76th
423-5 Legislature, Regular Session, 1999, to read as follows:
423-6 Sec. 263.002. GROUNDS FOR DISCIPLINARY ACTION IN GENERAL.
423-7 (a) The board, after notice and hearing, may reprimand a person who
423-8 holds a license issued under this subtitle, issue a warning letter
423-9 to a person licensed under this subtitle, impose a fine on a person
423-10 licensed under this subtitle, impose an administrative penalty
423-11 under Subchapter A, Chapter 264, on a person who holds a license
423-12 under this subtitle, place on probation with conditions a person
423-13 whose license has been suspended, or revoke or suspend a person's
423-14 license issued under this subtitle if the person:
423-15 (1) is adjudged under the law to be insane;
423-16 (2) is convicted of a misdemeanor involving fraud or a
423-17 felony under federal law or the law of any state;
423-18 (3) practices dentistry or dental hygiene in a manner
423-19 that constitutes dishonorable conduct[, malpractice, or gross
423-20 incompetency];
423-21 (4) fails to treat a patient according to the standard
423-22 of care in the practice of dentistry or dental hygiene;
423-23 (5) engages in deception or misrepresentation in
423-24 soliciting or obtaining patronage;
423-25 (6) obtains a license by fraud or misrepresentation;
423-26 (7) is addicted to or habitually intemperate in the
423-27 use of alcoholic beverages [intoxicated] or [addicted to] drugs or
424-1 has improperly obtained, possessed, used, or distributed
424-2 habit-forming drugs or narcotics;
424-3 (8) holds a dental license and employs, permits, or
424-4 has employed or permitted a person not licensed to practice
424-5 dentistry to practice dentistry in an office of the dentist that is
424-6 under the dentist's control or management;
424-7 (9) fails to use proper diligence in the person's
424-8 practice or fails to safeguard the person's patients against
424-9 avoidable infections;
424-10 (10) violates or refuses to comply with a law relating
424-11 to the regulation of dentists or dental hygienists;
424-12 (11) is physically or mentally incapable of practicing
424-13 in a manner that is safe for the person's dental patients;
424-14 (12) is negligent in performing dental services and
424-15 that negligence causes injury or damage to a dental patient;
424-16 (13) holds a license or certificate to practice
424-17 dentistry or dental hygiene in another state and that state, based
424-18 on an act by the person that is the same as an act described in
424-19 this section:
424-20 (A) reprimands the person;
424-21 (B) suspends or revokes the person's license or
424-22 certificate or places the person on probation; or
424-23 (C) imposes another restriction on the person's
424-24 practice; or
424-25 (14) knowingly provides or agrees to provide dental
424-26 care in a manner that violates a federal or state law that:
424-27 (A) regulates a plan to provide, arrange for,
425-1 pay for, or reimburse any part of the cost of dental care services;
425-2 or
425-3 (B) regulates the business of insurance.
425-4 (b) If a person holds a license to practice dentistry or
425-5 dental hygiene, the board may reprimand or impose a fine on the
425-6 person, issue a warning letter to the person, place the person's
425-7 license on probation, or suspend or revoke the person's license
425-8 under Subsection (a)(10) only if a majority of the board determines
425-9 that the person has committed an act described by Subsection
425-10 (a)(10).
425-11 (c) Section 263.003, Occupations Code, is amended to conform
425-12 to Section 9, Chapter 627, Acts of the 76th Legislature, Regular
425-13 Session, 1999, to read as follows:
425-14 Sec. 263.003. HEARING. A person [licensed under this
425-15 subtitle] is entitled to a hearing under Chapter 2001, Government
425-16 Code, if the board proposes to:
425-17 (1) refuse to issue a license by examination to
425-18 [examine] the person;
425-19 (2) reprimand or impose a fine on the person;
425-20 (3) place the person on probation after the person's
425-21 license has been suspended; or
425-22 (4) suspend or revoke the license of the person.
425-23 (d) The following are repealed:
425-24 (1) Section 9, Chapter 627, Acts of the 76th
425-25 Legislature, Regular Session, 1999; and
425-26 (2) Sections 1 and 2, Chapter 1204, Acts of the 76th
425-27 Legislature, Regular Session, 1999.
426-1 SECTION 14.093. (a) Section 263.008, Occupations Code, is
426-2 amended to conform to Section 10, Chapter 627, Acts of the 76th
426-3 Legislature, Regular Session, 1999, and to more accurately reflect
426-4 the law from which it was derived to read as follows:
426-5 Sec. 263.008. SUBPOENA. (a) The board may request and, if
426-6 necessary, compel by subpoena the attendance of witnesses for
426-7 examination under oath and the production for examination and
426-8 copying of books, accounts, records, documents, and other evidence
426-9 relevant to the investigation of an alleged violation of this
426-10 chapter or another state law relating to the practice of dentistry.
426-11 (b) The board may request the attorney general to file suit
426-12 against a person who fails to comply with a subpoena issued by the
426-13 board to enforce the subpoena. The suit must be filed in a Travis
426-14 County district court [or in a district court in the county in
426-15 which a hearing conducted by the board may be held].
426-16 (c) [(b)] The court on finding that good cause exists for
426-17 the issuance of the subpoena shall order the person to comply with
426-18 the subpoena.
426-19 (b) Section 10, Chapter 627, Acts of the 76th Legislature,
426-20 Regular Session, 1999, is repealed.
426-21 SECTION 14.094. (a) Section 266.152(d), Occupations Code, is
426-22 amended to conform to Section 25, Chapter 627, Acts of the 76th
426-23 Legislature, Regular Session, 1999, to read as follows:
426-24 (d) The owner of a dental laboratory registered with the
426-25 board on September 1, 1987, is exempt from Subsection (a) if:
426-26 (1) the registration of the laboratory has been
426-27 renewed each year [continuously registered with the board] since
427-1 that date, and all registration fees have been paid;
427-2 (2) the beneficial ownership of at least 51 percent of
427-3 the laboratory has not been transferred; and
427-4 (3) the owner is employed on the laboratory's premises
427-5 for not less than 30 hours each week.
427-6 (b) Sections 266.154(d) and (e), Occupations Code, are
427-7 amended to conform to Section 25, Chapter 627, Acts of the 76th
427-8 Legislature, Regular Session, 1999, to read as follows:
427-9 (d) An owner or manager of a dental laboratory whose
427-10 registration certificate has been expired for 90 days or less may
427-11 renew the registration certificate if the person pays to the board
427-12 the required renewal fee and a fee equal to one-half of the amount
427-13 of the renewal fee. If the registration certificate has been
427-14 expired for more than 90 days but less than one year [two years],
427-15 the owner or manager may renew the certificate by paying to the
427-16 board all unpaid renewal fees and a fee equal to the amount of the
427-17 initial registration fee.
427-18 (e) An owner or manager of a dental laboratory may not renew
427-19 a registration certificate that has been expired for one year [two
427-20 years] or more. The owner or manager may obtain a new certificate
427-21 by complying with the requirements for obtaining an original
427-22 certificate.
427-23 (c) Section 25, Chapter 627, Acts of the 76th Legislature,
427-24 Regular Session, 1999, is repealed.
427-25 SECTION 14.095. Section 254.011, Occupations Code, is
427-26 repealed to conform to Section 27, Chapter 627, Acts of the 76th
427-27 Legislature, Regular Session, 1999.
428-1 PART 6. CHANGES RELATING TO SUBTITLE E,
428-2 TITLE 3, OCCUPATIONS CODE
428-3 SECTION 14.121. (a) Section 301.152, Occupations Code, is
428-4 amended to conform to Section 6, Chapter 428, Acts of the 76th
428-5 Legislature, Regular Session, 1999, by adding Subsection (d) to
428-6 read as follows:
428-7 (d) The signature of an advanced practice nurse attesting to
428-8 the provision of a legally authorized service by the advanced
428-9 practice nurse satisfies any documentation requirement for that
428-10 service established by a state agency.
428-11 (b) Section 6, Chapter 428, Acts of the 76th Legislature,
428-12 Regular Session, 1999, is repealed.
428-13 SECTION 14.122. (a) Section 301.251, Occupations Code, is
428-14 amended to conform to Sections 2 and 5, Chapter 775, Acts of the
428-15 76th Legislature, Regular Session, 1999, by adding Subsection (c)
428-16 to read as follows:
428-17 (c) This section does not apply to a person entitled to
428-18 practice professional nursing in this state under Chapter 304.
428-19 (b) Sections 2 and 5, Chapter 775, Acts of the 76th
428-20 Legislature, Regular Session, 1999, are repealed.
428-21 SECTION 14.123. (a) Sections 301.257(e) and (f), Occupations
428-22 Code, are amended to conform to Section 3, Chapter 775, Acts of the
428-23 76th Legislature, Regular Session, 1999, to read as follows:
428-24 (e) If the board determines that a ground for ineligibility
428-25 does not exist, instead of issuing an order, the board shall notify
428-26 the petitioner in writing of the board's determination on each
428-27 ground of potential ineligibility. If the board proposes to find
429-1 that the petitioner is ineligible for a license, the petitioner is
429-2 entitled to a hearing before the State Office of Administrative
429-3 Hearings.
429-4 (f) The board's order must set out each basis for potential
429-5 ineligibility and the board's determination as to eligibility. In
429-6 the absence of new evidence known to but not disclosed by the
429-7 petitioner or not reasonably available to the board at the time the
429-8 order is issued, the board's ruling on the petition determines the
429-9 person's eligibility with respect to the grounds for potential
429-10 ineligibility set out in the written notice or order.
429-11 (b) Section 3, Chapter 775, Acts of the 76th Legislature,
429-12 Regular Session, 1999, is repealed.
429-13 SECTION 14.124. (a) Section 301.452(b), Occupations Code, is
429-14 amended to conform to Section 4, Chapter 775, Acts of the 76th
429-15 Legislature, Regular Session, 1999, to read as follows:
429-16 (b) A person is subject to denial of a license or to
429-17 disciplinary action under this subchapter for:
429-18 (1) a violation of this chapter, [or] a rule or
429-19 regulation not inconsistent with this chapter, or an order issued
429-20 under this chapter;
429-21 (2) fraud or deceit in procuring or attempting to
429-22 procure a license to practice professional nursing;
429-23 (3) a conviction for a felony or for a misdemeanor
429-24 involving moral turpitude;
429-25 (4) conduct that results in the revocation of
429-26 probation imposed because of conviction for a felony or for a
429-27 misdemeanor involving moral turpitude;
430-1 (5) use of a nursing license, diploma, or permit, or
430-2 the transcript of such a document, that has been fraudulently
430-3 purchased, issued, counterfeited, or materially altered;
430-4 (6) impersonating or acting as a proxy for another
430-5 person in the licensing examination required under Section 301.253
430-6 or 301.255;
430-7 (7) directly or indirectly aiding or abetting an
430-8 unlicensed person in connection with the unauthorized practice of
430-9 professional nursing;
430-10 (8) revocation, suspension, or denial of, or any other
430-11 action relating to, the person's license or privilege to practice
430-12 nursing in another jurisdiction;
430-13 (9) intemperate use of alcohol or drugs that the board
430-14 determines endangers or could endanger a patient;
430-15 (10) unprofessional or dishonorable conduct that, in
430-16 the board's opinion, is likely to deceive, defraud, or injure a
430-17 patient or the public;
430-18 (11) adjudication of mental incompetency;
430-19 (12) lack of fitness to practice because of a mental
430-20 or physical health condition that could result in injury to a
430-21 patient or the public; or
430-22 (13) failure to care adequately for a patient or to
430-23 conform to the minimum standards of acceptable professional nursing
430-24 practice in a manner that, in the board's opinion, exposes a
430-25 patient or other person unnecessarily to risk of harm.
430-26 (b) Section 301.456, Occupations Code, is amended to conform
430-27 to Section 4, Chapter 775, Acts of the 76th Legislature, Regular
431-1 Session, 1999, to read as follows:
431-2 Sec. 301.456. EVIDENCE. A certified copy of the order of
431-3 the [license] denial, suspension, or revocation or other action
431-4 under Section 301.452(b)(8) is conclusive evidence of that action.
431-5 (c) Section 4, Chapter 775, Acts of the 76th Legislature,
431-6 Regular Session, 1999, is repealed.
431-7 SECTION 14.1245. Section 301.503(a), Occupations Code, is
431-8 amended to more accurately reflect the law from which it was
431-9 derived to read as follows:
431-10 (a) If the executive director determines that a violation
431-11 has occurred, the executive director may [shall] issue to the board
431-12 a report stating:
431-13 (1) the facts on which the determination is based; and
431-14 (2) the director's recommendation on the imposition of
431-15 the administrative penalty, including a recommendation on the
431-16 amount of the penalty.
431-17 SECTION 14.125. (a) Chapter 301, Occupations Code, is
431-18 amended to conform to Section 4, Chapter 1275, Acts of the 76th
431-19 Legislature, Regular Session, 1999, by adding Subchapter M to read
431-20 as follows:
431-21 SUBCHAPTER M. ANESTHESIA IN OUTPATIENT SETTING
431-22 Sec. 301.601. DEFINITION. In this subchapter, "outpatient
431-23 setting" means a facility, clinic, center, office, or other setting
431-24 that is not part of a licensed hospital or a licensed ambulatory
431-25 surgical center.
431-26 Sec. 301.602. RULES. (a) The board by rule shall establish
431-27 minimum standards for anesthesia services provided in an outpatient
432-1 setting by a person licensed by the board.
432-2 (b) The rules adopted under this section must be designed to
432-3 protect the health, safety, and welfare of the public and include
432-4 requirements relating to:
432-5 (1) general anesthesia, regional anesthesia, and
432-6 monitored anesthesia care;
432-7 (2) patient assessment, counseling, and preparation;
432-8 (3) patient monitoring to be performed and equipment
432-9 to be used during a procedure and during post-procedure monitoring;
432-10 (4) emergency procedures, drugs, and equipment,
432-11 including education, training, and certification of personnel, as
432-12 appropriate, and including protocols for transfers to a hospital;
432-13 (5) the documentation necessary to demonstrate
432-14 compliance with this subchapter; and
432-15 (6) the period in which protocols or procedures
432-16 covered by rules of the board shall be reviewed, updated, or
432-17 amended.
432-18 (c) The board shall cooperate with the Texas State Board of
432-19 Medical Examiners in adopting rules under this subchapter to
432-20 eliminate, to the extent possible, conflicts between the rules
432-21 adopted by each board.
432-22 Sec. 301.603. APPLICABILITY. Rules adopted by the board
432-23 under Section 301.602 do not apply to:
432-24 (1) an outpatient setting in which only local
432-25 anesthesia, peripheral nerve blocks, or both are used;
432-26 (2) an outpatient setting in which only anxiolytics
432-27 and analgesics are used and only in doses that do not have the
433-1 probability of placing the patient at risk for loss of the
433-2 patient's life-preserving protective reflexes;
433-3 (3) a licensed hospital, including an outpatient
433-4 facility of the hospital that is located separate from the
433-5 hospital;
433-6 (4) a licensed ambulatory surgical center;
433-7 (5) a clinic located on land recognized as tribal land
433-8 by the federal government and maintained or operated by a federally
433-9 recognized Indian tribe or tribal organization as listed by the
433-10 United States secretary of the interior under 25 U.S.C. Section
433-11 479a-1 or as listed under a successor federal statute or
433-12 regulation;
433-13 (6) a facility maintained or operated by a state or
433-14 local governmental entity;
433-15 (7) a clinic directly maintained or operated by the
433-16 United States; or
433-17 (8) an outpatient setting accredited by:
433-18 (A) the Joint Commission on Accreditation of
433-19 Healthcare Organizations relating to ambulatory surgical centers;
433-20 (B) the American Association for the
433-21 Accreditation of Ambulatory Surgery Facilities; or
433-22 (C) the Accreditation Association for Ambulatory
433-23 Health Care.
433-24 Sec. 301.604. REGISTRATION REQUIRED. (a) The board shall
433-25 require each certified registered nurse anesthetist who provides
433-26 anesthesia services in an outpatient setting to register biennially
433-27 by applying to the board on a form prescribed by the board and
434-1 paying to the board a fee in an amount established by the board.
434-2 (b) The board shall coordinate the registration required
434-3 under this section with the license renewal requirements of
434-4 Subchapter G so that the times of registration, payment, notice,
434-5 and imposition of penalties for late payment are similar and
434-6 provide a minimal administrative burden for the board and certified
434-7 registered nurse anesthetists.
434-8 Sec. 301.605. COMPLIANCE WITH RULES. (a) A certified
434-9 registered nurse anesthetist providing anesthesia services in an
434-10 outpatient setting shall comply with the rules adopted by the board
434-11 under Section 301.602.
434-12 (b) The board may require a certified registered nurse
434-13 anesthetist to submit and comply with a corrective action plan to
434-14 remedy or address any current or potential deficiencies with the
434-15 nurse anesthetist's provision of anesthesia in an outpatient
434-16 setting in accordance with this chapter or board rule.
434-17 Sec. 301.606. INSPECTIONS. (a) The board may conduct
434-18 inspections to enforce this subchapter, including inspections of
434-19 the equipment owned or leased by a certified registered nurse
434-20 anesthetist and of documents of a certified registered nurse
434-21 anesthetist's practice that relate to providing anesthesia in an
434-22 outpatient setting. The board may contract with another state
434-23 agency or qualified person to conduct these inspections.
434-24 (b) Unless it would jeopardize an ongoing investigation, the
434-25 board must provide notice at least five business days before the
434-26 date of conducting an on-site inspection under this section.
434-27 (c) This section does not require the board to make an
435-1 on-site inspection of an outpatient setting in which a certified
435-2 registered nurse anesthetist provides anesthesia.
435-3 Sec. 301.607. REQUESTS FOR INSPECTION AND ADVISORY OPINIONS.
435-4 (a) The board may consider a request by a certified registered
435-5 nurse anesthetist for an inspection of equipment owned or leased by
435-6 the nurse anesthetist and of documents of the nurse anesthetist's
435-7 practice that relate to the provision of anesthesia in an
435-8 outpatient setting. The board, on payment of a fee set by the
435-9 board, may conduct the requested inspection and issue an advisory
435-10 opinion.
435-11 (b) An advisory opinion issued by the board under this
435-12 section is not binding on the board. Except as provided by
435-13 Subsection (c), the board may take any action under this chapter
435-14 relating to the situation addressed by the advisory opinion as the
435-15 board considers appropriate.
435-16 (c) A certified registered nurse anesthetist who requests
435-17 and relies on a board advisory opinion may use the opinion as
435-18 mitigating evidence in an action or proceeding by the board to
435-19 impose an administrative penalty or to assess a fine under this
435-20 chapter. On receipt of proof of reliance on an advisory opinion,
435-21 the board shall consider the reliance and mitigate imposition of an
435-22 administrative penalty or assessment of a fine accordingly.
435-23 (b) Section 4, Chapter 1275, Acts of the 76th Legislature,
435-24 Regular Session, 1999, is repealed.
435-25 SECTION 14.126. (a) Section 302.252(b), Occupations Code, is
435-26 amended to conform to Section 8, Chapter 775, Acts of the 76th
435-27 Legislature, Regular Session, 1999, to read as follows:
436-1 (b) The application must be accompanied by:
436-2 (1) evidence that the institution is prepared to give
436-3 a vocational nurse education program approved by the board [of not
436-4 less than 12 months]; and
436-5 (2) the required fee.
436-6 (b) Section 8, Chapter 775, Acts of the 76th Legislature,
436-7 Regular Session, 1999, is repealed.
436-8 SECTION 14.127. (a) Section 302.301, Occupations Code, is
436-9 amended to conform to Section 6, Chapter 775, Acts of the 76th
436-10 Legislature, Regular Session, 1999, to read as follows:
436-11 Sec. 302.301. LICENSE REQUIRED. (a) A person may not use
436-12 the designation "Licensed Vocational Nurse" or the abbreviation
436-13 "L.V.N." unless the person holds a license under this chapter.
436-14 (b) This section does not apply to a person practicing
436-15 vocational nursing under Chapter 304.
436-16 (b) Section 6, Chapter 775, Acts of the 76th Legislature,
436-17 Regular Session, 1999, is repealed.
436-18 SECTION 14.128. Section 302.306(b), Occupations Code, is
436-19 amended to more accurately reflect the law from which it was
436-20 derived to read as follows:
436-21 (b) If the notice of the results of an examination graded or
436-22 reviewed by a national testing service will be delayed for longer
436-23 than 90 days after the examination date, the board shall notify
436-24 each examinee of the reason for the delay before the 90th day.
436-25 SECTION 14.129. (a) Section 302.402, Occupations Code, is
436-26 amended to conform to Section 7, Chapter 775, Acts of the 76th
436-27 Legislature, Regular Session, 1999, to read as follows:
437-1 Sec. 302.402. GROUNDS FOR DISCIPLINARY ACTION. (a) A person
437-2 is subject to disciplinary action under Section 302.403 for:
437-3 (1) a violation of this chapter or a rule or order
437-4 issued under this chapter;
437-5 (2) fraud or deceit in obtaining or attempting to
437-6 obtain a license to practice vocational nursing;
437-7 (3) a conviction for:
437-8 (A) a felony; or
437-9 (B) a misdemeanor that involves moral turpitude;
437-10 (4) use of a nursing license, certificate, diploma, or
437-11 permit or a transcript of such a document that has been
437-12 fraudulently purchased, issued, counterfeited, or materially
437-13 altered;
437-14 (5) impersonating or acting as a proxy for another
437-15 person in an examination required by law to obtain a license to
437-16 practice vocational nursing;
437-17 (6) knowingly aiding or abetting an unlicensed person
437-18 in connection with the unauthorized practice of vocational nursing;
437-19 (7) revocation, suspension, or denial of the person's
437-20 license to practice vocational or practical nursing in another
437-21 jurisdiction;
437-22 (8) revocation, suspension, or denial of a license or
437-23 privilege to practice professional nursing in this state or in
437-24 another jurisdiction;
437-25 (9) intemperate use of alcohol or drugs;
437-26 (10) unprofessional or dishonorable conduct that, in
437-27 the board's opinion, is likely to deceive, defraud, or injure the
438-1 public;
438-2 (11) adjudication of mental incompetency; or
438-3 (12) lack of fitness to practice because of a mental
438-4 or physical health condition that could result in injury to a
438-5 patient or the public.
438-6 (b) For purposes of Subsections (a)(7) and (a)(8), a
438-7 certified copy of an order of denial, suspension, or revocation [of
438-8 a license] is conclusive evidence of that fact.
438-9 (b) Section 7, Chapter 775, Acts of the 76th Legislature,
438-10 Regular Session, 1999, is repealed.
438-11 SECTION 14.130. (a) Subtitle E, Title 3, Occupations Code,
438-12 is amended to conform to Section 1, Chapter 775, Acts of the 76th
438-13 Legislature, Regular Session, 1999, by adding Chapter 304 to read
438-14 as follows:
438-15 CHAPTER 304. NURSE LICENSURE COMPACT
438-16 Sec. 304.001. NURSE LICENSURE COMPACT. The Nurse Licensure
438-17 Compact is enacted and entered into with all other jurisdictions
438-18 that legally join in the compact, which is as follows:
438-19 NURSE LICENSURE COMPACT
438-20 ARTICLE 1. FINDINGS AND DECLARATION OF PURPOSE. (a) The
438-21 party states find that:
438-22 (1) the health and safety of the public are affected
438-23 by the degree of compliance with and the effectiveness of
438-24 enforcement activities related to state nurse licensing laws;
438-25 (2) violations of nurse licensing and other laws
438-26 regulating the practice of nursing may result in injury or harm to
438-27 the public;
439-1 (3) the expanded mobility of nurses and the use of
439-2 advanced communication technologies as part of our nation's health
439-3 care delivery system require greater coordination and cooperation
439-4 among states in the areas of nurse licensing and regulation;
439-5 (4) new practice modalities and technology make
439-6 compliance with each state nurse licensing laws difficult and
439-7 complex; and
439-8 (5) the current system of the duplicative licensing of
439-9 nurses practicing in multiple states is cumbersome and redundant to
439-10 both nurses and the states.
439-11 (b) The general purposes of this compact are to:
439-12 (1) facilitate the states' responsibilities to protect
439-13 the public's health and safety;
439-14 (2) ensure and encourage the cooperation of party
439-15 states in the areas of nurse licensing and regulation;
439-16 (3) facilitate the exchange of information between
439-17 party states in the areas of nurse regulation, investigation, and
439-18 adverse action;
439-19 (4) promote compliance with the laws governing the
439-20 practice of nursing in each jurisdiction; and
439-21 (5) invest all party states with the authority to hold
439-22 a nurse accountable for meeting all state practice laws in the
439-23 state in which the patient is located at the time care is provided
439-24 through the mutual recognition of party state licenses.
439-25 ARTICLE 2. DEFINITIONS. In this compact:
439-26 (a) "Adverse action" means a home or remote state
439-27 action.
440-1 (b) "Alternative program" means a voluntary,
440-2 nondisciplinary monitoring program approved by a nurse licensing
440-3 board.
440-4 (c) "Coordinated licensure information system" means
440-5 an integrated process for collecting, storing, and sharing
440-6 information on nurse licensing and enforcement activities related
440-7 to nurse licensing laws, which is administered by a nonprofit
440-8 organization composed of and controlled by state nurse licensing
440-9 boards.
440-10 (d) "Current significant investigative information"
440-11 means:
440-12 (1) investigative information that a licensing
440-13 board, after a preliminary inquiry that includes notification and
440-14 an opportunity for the nurse to respond if required by state law,
440-15 has reason to believe is not groundless and, if proved true, would
440-16 indicate more than a minor infraction; or
440-17 (2) investigative information that indicates
440-18 that a nurse represents an immediate threat to public health and
440-19 safety regardless of whether the nurse has been notified and had an
440-20 opportunity to respond.
440-21 (e) "Home state" means the party state that is the
440-22 nurse's primary state of residence.
440-23 (f) "Home state action" means any administrative,
440-24 civil, equitable, or criminal action permitted by the home state's
440-25 laws that are imposed on a nurse by the home state's licensing
440-26 board or other authority, including actions against an individual's
440-27 license such as revocation, suspension, probation, or any other
441-1 action that affects a nurse's authorization to practice.
441-2 (g) "Licensing board" means a party state's regulatory
441-3 body responsible for issuing nurse licenses.
441-4 (h) "Multistate licensing privilege" means current,
441-5 official authority from a remote state permitting the practice of
441-6 nursing as a registered nurse, licensed practical nurse, or
441-7 licensed vocational nurse in the party state. All party states have
441-8 the authority, in accordance with existing state due process laws,
441-9 to take actions against the nurse's privilege, including
441-10 revocation, suspension, probation, or any other action that affects
441-11 a nurse's authorization to practice.
441-12 (i) "Nurse" means a registered nurse, licensed
441-13 practical nurse, or licensed vocational nurse as those terms are
441-14 defined by each party state's practice laws.
441-15 (j) "Party state" means any state that has enacted
441-16 this compact.
441-17 (k) "Remote state" means a party state, other than the
441-18 home state, in which:
441-19 (1) a patient is located at the time nursing
441-20 care is provided; or
441-21 (2) in the case of the practice of nursing not
441-22 involving a patient, the recipient of nursing practice is located.
441-23 (l) "Remote state action" means:
441-24 (1) an administrative, civil, equitable, or
441-25 criminal action permitted by a remote state's laws that are imposed
441-26 on a nurse by the remote state's licensing board or other
441-27 authority, including an action against an individual's multistate
442-1 licensing privilege to practice in the remote state; and
442-2 (2) a cease and desist order and other
442-3 injunctive or equitable orders issued by remote states or the
442-4 licensing boards of remote states.
442-5 (m) "State" means a state, territory, possession of
442-6 the United States, the District of Columbia, or the Commonwealth of
442-7 Puerto Rico.
442-8 (n) "State practice laws" means a party state's laws
442-9 and regulations that govern the practice of nursing, define the
442-10 scope of nursing practice, and create the methods and grounds for
442-11 imposing discipline. The term does not include the initial
442-12 qualifications for licensing or requirements necessary to obtain
442-13 and retain a license, except for qualifications or requirements of
442-14 the home state.
442-15 ARTICLE 3. GENERAL PROVISIONS AND JURISDICTION. (a) A
442-16 license to practice registered nursing issued by a home state to a
442-17 resident in that state will be recognized by each party state as
442-18 authorizing a multistate licensing privilege to practice as a
442-19 registered nurse in the party state. A license to practice licensed
442-20 practical nursing or licensed vocational nursing issued by a home
442-21 state to a resident in that state will be recognized by each party
442-22 state as authorizing a multistate licensing privilege to practice
442-23 as a licensed practical nurse or vocational nurse in the party
442-24 state. To obtain or retain a license, an applicant must meet the
442-25 home state's qualifications for a license and license renewal as
442-26 well as all other applicable state laws.
442-27 (b) A party state may, in accordance with state due process
443-1 laws, limit or revoke the multistate licensing privilege of any
443-2 nurse to practice in the party state and may take any other
443-3 necessary actions under the party state's applicable laws to
443-4 protect the health and safety of the party state's citizens. If a
443-5 party state takes this action, the party state shall promptly
443-6 notify the administrator of the coordinated licensure information
443-7 system. The administrator of the coordinated licensure information
443-8 system shall promptly notify the home state of any such actions by
443-9 remote states.
443-10 (c) A nurse practicing in a party state must comply with the
443-11 state practice laws of the state in which the patient is located at
443-12 the time care is provided. The practice of nursing includes
443-13 patient care and all nursing practice defined by the party state's
443-14 practice laws. The practice of nursing will subject a nurse to the
443-15 jurisdiction of the nurse licensing board, the courts, and the laws
443-16 of the party state.
443-17 (d) This compact does not affect additional requirements
443-18 imposed by states for advanced practice registered nursing.
443-19 However, a multistate licensing privilege to practice registered
443-20 nursing granted by a party state shall be recognized by another
443-21 party state as a license to practice registered nursing if the
443-22 state's law requires the license as a precondition for qualifying
443-23 for advanced practice registered nurse authorization.
443-24 (e) Individuals not residing in a party state may apply for
443-25 a nurse license under the laws of a party state. However, the
443-26 license granted to these individuals will not be recognized as
443-27 granting the privilege to practice nursing in any other party state
444-1 unless explicitly agreed to by that party state.
444-2 ARTICLE 4. APPLICATION FOR LICENSE IN A PARTY STATE. (a)
444-3 Once an application for a license is submitted, the licensing board
444-4 in a party state shall ascertain, through the coordinated licensure
444-5 information system, whether:
444-6 (1) the applicant has held or is the holder of a
444-7 license issued by another state;
444-8 (2) a restriction exists on the multistate licensing
444-9 privilege; and
444-10 (3) any other adverse action by any state has been
444-11 taken against the license.
444-12 (b) A nurse in a party state shall hold a license that is
444-13 issued by the home state in only one party state at a time.
444-14 (c) A nurse who intends to change the nurse's primary state
444-15 of residence may apply for a license in the new home state in
444-16 advance of the change. However, a new license will not be issued by
444-17 a party state until a nurse provides satisfactory evidence to the
444-18 new home state's licensing board of a change in the nurse's primary
444-19 state of residence.
444-20 (d) When a nurse changes the nurse's primary state of
444-21 residence by moving from:
444-22 (1) a party state to another party state and obtains a
444-23 license from the new home state, the license from the former home
444-24 state is no longer valid;
444-25 (2) a non-party state to a party state and obtains a
444-26 license from the new home state, the individual state license
444-27 issued by the non-party state is not affected and remains in full
445-1 force if provided by the laws of the non-party state; and
445-2 (3) a party state to a non-party state, the license
445-3 issued by the prior home state converts to a state license valid
445-4 only in the former home state and does not entitle the nurse to the
445-5 multistate licensing privilege to practice in other party states.
445-6 ARTICLE 5. ADVERSE ACTIONS. (a) The licensing board of a
445-7 remote state shall promptly report to the administrator of the
445-8 coordinated licensure information system a remote state action and
445-9 the factual and legal basis for the action, if known. The licensing
445-10 board of a remote state shall promptly report any significant
445-11 current investigative information yet to result in a remote state
445-12 action. The administrator of the coordinated licensure information
445-13 system shall promptly notify the home state of these reports.
445-14 (b) The licensing board of a party state shall have the
445-15 authority to complete a pending investigation of a nurse who
445-16 changes the nurse's primary state of residence during the course of
445-17 the investigation and to take appropriate action. The licensing
445-18 board shall promptly report the conclusions of the investigations
445-19 to the administrator of the coordinated licensure information
445-20 system. The administrator of the coordinated licensure information
445-21 system shall promptly notify the new home state of any action.
445-22 (c) A remote state may take adverse action affecting the
445-23 multistate licensing privilege to practice in that party state.
445-24 However, only the home state has the power to impose adverse action
445-25 against the license issued by the home state.
445-26 (d) For purposes of imposing adverse action, the licensing
445-27 board of the home state shall give the same priority and effect to
446-1 reported conduct received from a remote state as it would to
446-2 conduct occurring in the home state. In so doing, the licensing
446-3 board shall apply its state laws to determine appropriate action.
446-4 (e) The home state may take adverse action based on the
446-5 factual findings of the remote state only if each state follows its
446-6 own procedures for imposing the adverse action.
446-7 (f) This compact does not affect a party state's decision
446-8 that participation in an alternative program may be used instead of
446-9 licensing action and that the participation shall remain non-public
446-10 if required by the party state's laws. Party states must require a
446-11 nurse who enters an alternative program to agree not to practice in
446-12 any other party state during the term of the alternative program
446-13 without prior authorization from the other party state.
446-14 ARTICLE 6. ADDITIONAL AUTHORITIES OF PARTY STATE NURSE
446-15 LICENSING BOARDS. (a) Notwithstanding any other powers, party
446-16 state nurse licensing boards have the authority to:
446-17 (1) if otherwise permitted by state law, recover from
446-18 the affected nurse the costs of investigations and disposition of
446-19 cases resulting from any adverse action taken against the nurse;
446-20 (2) issue subpoenas for hearings and investigations
446-21 that require the attendance and testimony of witnesses and the
446-22 production of evidence;
446-23 (3) issue a cease and desist order to limit or revoke
446-24 a nurse's authority to practice in the state; and
446-25 (4) adopt uniform rules as provided under Article 8(c)
446-26 of this compact.
446-27 (b) A subpoena issued by a nurse licensing board in a party
447-1 state for the attendance and testimony of witnesses or the
447-2 production of evidence from another party state shall be enforced
447-3 in the non-issuing party state by a court of competent jurisdiction
447-4 in accordance with the practice and procedure applicable to
447-5 subpoenas issued in proceedings pending before the court. The
447-6 issuing authority shall pay any witness fees, travel expenses,
447-7 mileage, and other fees required by the service statutes of the
447-8 state in which a witness or evidence is located.
447-9 ARTICLE 7. COORDINATED LICENSURE INFORMATION SYSTEM. (a)
447-10 All party states shall participate in a cooperative effort to
447-11 create a coordinated database of all licensed registered nurses,
447-12 licensed practical nurses, and licensed vocational nurses. This
447-13 system will include information on the licensing and disciplinary
447-14 history of each nurse, as contributed by party states, to assist in
447-15 the coordination of nurse licensing and enforcement efforts.
447-16 (b) Notwithstanding any other provision of law, all party
447-17 states' licensing boards shall promptly report to the coordinated
447-18 licensure information system adverse actions, actions against
447-19 multistate licensing privileges, any current significant
447-20 investigative information yet to result in adverse action, and
447-21 denials of applications and the reasons for the denials.
447-22 (c) Current significant investigative information shall be
447-23 transmitted only to party state licensing boards through the
447-24 coordinated licensure information system.
447-25 (d) Notwithstanding any other provision of law, all party
447-26 states' licensing boards that contribute information to the
447-27 coordinated licensure information system may designate information
448-1 that may not be shared with non-party states or disclosed to other
448-2 entities or individuals without the express permission of the
448-3 contributing state.
448-4 (e) Any personally identifiable information obtained by a
448-5 party state's licensing board from the coordinated licensure
448-6 information system may not be shared with non-party states or
448-7 disclosed to other entities or individuals except to the extent
448-8 permitted by the laws of the party state contributing the
448-9 information.
448-10 (f) Information contributed to the coordinated licensure
448-11 information system that is subsequently required to be expunged by
448-12 the laws of the party state contributing that information shall be
448-13 expunged from the coordinated licensure information system.
448-14 (g) Each compact administrator shall act jointly and in
448-15 consultation with the administrator of the coordinated licensure
448-16 information system to formulate necessary and proper procedures for
448-17 the identification, collection, and exchange of information under
448-18 this compact.
448-19 ARTICLE 8. COMPACT ADMINISTRATION AND EXCHANGE OF
448-20 INFORMATION. (a) The presiding officer of the nurse licensing
448-21 board of a party state or the presiding officer's designee shall be
448-22 the administrator of this compact for the state.
448-23 (b) The compact administrator of each party state shall
448-24 furnish to the compact administrator of each other party state
448-25 information and documents including a uniform data set of
448-26 investigations, identifying information, licensing data, and
448-27 disclosable alternative program participation information to
449-1 facilitate the administration of this compact.
449-2 (c) Compact administrators have the authority to develop
449-3 uniform rules to facilitate and coordinate implementation of this
449-4 compact. The uniform rules shall be adopted by party states under
449-5 Article 6(a)(4) of this compact.
449-6 ARTICLE 9. IMMUNITY. A party state or an officer, employee,
449-7 or agent of a party state's nurse licensing board who acts in
449-8 accordance with the provisions of this compact is not liable for
449-9 any good faith act or omission that occurs while the person is
449-10 performing the person's duties under this compact. Good faith in
449-11 this article does not include wilful misconduct, gross negligence,
449-12 or recklessness.
449-13 ARTICLE 10. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT. (a)
449-14 This compact enters into force and takes effect for a state when
449-15 the state enacts this compact as law. A party state may withdraw
449-16 from the compact by enacting a statute repealing the compact, but a
449-17 withdrawal takes effect six months after the date the withdrawing
449-18 state gives notice of the withdrawal to the executive heads of all
449-19 other party states.
449-20 (b) No withdrawal shall affect the validity or applicability
449-21 by the licensing boards of states remaining party to the compact of
449-22 any report of adverse action occurring prior to the withdrawal.
449-23 (c) This compact does not invalidate or prevent any nurse
449-24 licensing agreement or other cooperative arrangement between a
449-25 party state and a non-party state that is made in accordance with
449-26 the other provisions of this compact.
449-27 (d) This compact may be amended by the party states. An
450-1 amendment to this compact is not effective or binding on the party
450-2 states unless and until all party states enact the amendment into
450-3 the law of each state.
450-4 ARTICLE 11. CONSTRUCTION AND SEVERABILITY. (a) This compact
450-5 shall be liberally construed to effectuate the compact's purposes.
450-6 (b) This compact is severable. If a phrase, clause,
450-7 sentence, or provision of this compact is declared to be contrary
450-8 to the constitution of a party state or the United States or the
450-9 applicability of this compact to a government, agency, person, or
450-10 circumstance is held invalid, the validity and applicability of the
450-11 remainder of the compact to a government, agency, person, or
450-12 circumstance is not affected. If this compact is held to be
450-13 contrary to the constitution of a party state, the compact remains
450-14 in full force and effect for the other party states and in full
450-15 force and effect for the party state affected for all severable
450-16 matters.
450-17 (c) If the party states need to settle a dispute under the
450-18 compact the party states may submit the issues in dispute to an
450-19 arbitration panel comprised of:
450-20 (A) an individual appointed by the compact
450-21 administrator in the home state;
450-22 (B) an individual appointed by the compact
450-23 administrator in each remote state involved; and
450-24 (C) an individual mutually agreed upon by the compact
450-25 administrators of each party state involved in the dispute.
450-26 (d) The decision of a majority of the arbitrators shall be
450-27 final and binding.
451-1 Sec. 304.002. ADMINISTRATION OF COMPACT. The executive
451-2 directors of the Board of Nurse Examiners and the Board of
451-3 Vocational Nurse Examiners are the Nurse Licensure Compact
451-4 administrators for this state. The executive director of the Board
451-5 of Nurse Examiners is responsible for administering matters
451-6 relating to registered nurses. The executive director of the Board
451-7 of Vocational Nurse Examiners is responsible for administering
451-8 matters relating to licensed vocational nurses.
451-9 Sec. 304.003. RULES. The Board of Nurse Examiners and the
451-10 Board of Vocational Nurse Examiners may adopt rules necessary to
451-11 implement this chapter.
451-12 Sec. 304.004. GENERAL PROVISIONS. (a) The terms "nurse,"
451-13 "registered nurse," and "vocational nurse" include nurses licensed
451-14 as registered nurses or vocational nurses by a state that is a
451-15 party to the Nurse Licensure Compact.
451-16 (b) Unless the context indicates otherwise or doing so would
451-17 be inconsistent with the Nurse Licensure Compact, nurses practicing
451-18 in this state under a license issued by a state that is a party to
451-19 the Nurse Licensure Compact have the same rights and obligations as
451-20 imposed by the laws of this state on license holders of the Board
451-21 of Nurse Examiners or the Board of Vocational Nurse Examiners.
451-22 (c) The Board of Nurse Examiners and the Board of Vocational
451-23 Nurse Examiners have the authority to determine whether a right or
451-24 obligation imposed on license holders applies to nurses practicing
451-25 in this state under a license issued by a state that is a party to
451-26 the Nurse Licensure Compact unless that determination is
451-27 inconsistent with the Nurse Licensure Compact.
452-1 Sec. 304.005. ENFORCEMENT. The Board of Nurse Examiners and
452-2 the Board of Vocational Nurse Examiners are the state agencies
452-3 responsible for taking action against registered and vocational
452-4 nurses practicing in this state under a license issued by a state
452-5 that is a party to the Nurse Licensure Compact as authorized by the
452-6 Nurse Licensure Compact. The action shall be taken in accordance
452-7 with the same procedures for taking action against registered and
452-8 vocational nurses licensed by this state.
452-9 Sec. 304.006. INFORMATION MAINTAINED UNDER COMPACT. (a) On
452-10 request and payment of a reasonable fee, the Board of Nurse
452-11 Examiners and the Board of Vocational Nurse Examiners shall provide
452-12 a registered or vocational nurse licensed by this state with a copy
452-13 of information regarding the nurse maintained by the coordinated
452-14 licensure information system under Article 7 of the Nurse Licensure
452-15 Compact.
452-16 (b) A board is not obligated to provide information not
452-17 available to the board or information that is not available to the
452-18 nurse under the laws of the state contributing the information to
452-19 the coordinated licensure information system.
452-20 Sec. 304.007. ACCESS TO PRACTICE-RELATED INFORMATION.
452-21 Practice-related information provided by the Board of Nurse
452-22 Examiners or the Board of Vocational Nurse Examiners to registered
452-23 or vocational nurses licensed by this state shall be made available
452-24 by the boards on request and at a reasonable cost to nurses
452-25 practicing in this state under a license issued by a state that is
452-26 a party to the Nurse Licensure Compact.
452-27 Sec. 304.008. DISCLOSURE OF PERSONAL INFORMATION. (a) In
453-1 reporting information to the coordinated licensure information
453-2 system under Article 7 of the Nurse Licensure Compact, the Board of
453-3 Nurse Examiners and the Board of Vocational Nurse Examiners may
453-4 disclose personally identifiable information about the nurse,
453-5 including social security number.
453-6 (b) The coordinated licensure information system may not
453-7 share personally identifiable information with a state not a party
453-8 to the compact unless the state agrees not to disclose that
453-9 information to other persons.
453-10 Sec. 304.009. WITHDRAWAL FROM COMPACT. (a) The governor may
453-11 withdraw this state from the Nurse Licensure Compact if the Board
453-12 of Nurse Examiners or the Board of Vocational Nurse Examiners
453-13 notifies the governor that a state that is party to the compact
453-14 changed, after January 1, 1999, the state's requirements for
453-15 licensing a nurse and that the state's requirements, as changed,
453-16 are substantially lower than the requirements for licensing a nurse
453-17 in this state.
453-18 (b) The governor may completely withdraw this state from the
453-19 Nurse Licensure Compact or may limit withdrawal to the application
453-20 of the compact to registered nurses or licensed vocational nurses.
453-21 Sec. 304.010. EXPIRATION OF COMPACT. The Nurse Licensure
453-22 Compact expires on December 31, 2005, unless this section is
453-23 repealed or the expiration date is extended.
453-24 (b) Section 1, Chapter 775, Acts of the 76th Legislature,
453-25 Regular Session, 1999, is repealed.
453-26 PART 7. CHANGES RELATING TO SUBTITLE F,
453-27 TITLE 3, OCCUPATIONS CODE
454-1 SECTION 14.151. (a) Section 351.002, Occupations Code, is
454-2 amended to conform to Section 1, Chapter 733, Acts of the 76th
454-3 Legislature, Regular Session, 1999, by amending Subdivisions (7)
454-4 and (8) and adding Subdivision (9) to read as follows:
454-5 (7) "Practice of therapeutic optometry" means using
454-6 objective or subjective means, not including surgery or laser
454-7 surgery, to:
454-8 (A) determine or measure the powers of vision of
454-9 the human eye as provided by Section 351.355;
454-10 (B) examine or diagnose visual defects, abnormal
454-11 conditions, or diseases of the human eye or adnexa;
454-12 (C) prescribe or fit lenses or prisms to correct
454-13 or remedy a defect or abnormal condition of vision as provided by
454-14 Section 351.356;
454-15 (D) administer or prescribe a drug or physical
454-16 treatment in the manner authorized by this chapter; or
454-17 (E) treat the visual system, including the eye
454-18 or adnexa as authorized by this chapter [without the use of surgery
454-19 or laser surgery].
454-20 (8) "Surgery" means a procedure using instruments,
454-21 including lasers, scalpels, or needles, in which human tissue is
454-22 cut, burned, vaporized, or otherwise altered by any mechanical
454-23 means, laser, or ionizing radiation. The term includes procedures
454-24 using instruments that require closing by suturing, clamping, or
454-25 another device. The term does not include a noninvasive procedure
454-26 to remove a superficial foreign body in the conjunctiva, eyelid, or
454-27 corneal epithelium that has not perforated the Bowman's membrane.
455-1 (9) "Therapeutic optometrist" means a person licensed
455-2 under this chapter and authorized to practice therapeutic
455-3 optometry.
455-4 (b) Section 1, Chapter 733, Acts of the 76th Legislature,
455-5 Regular Session, 1999, is repealed.
455-6 SECTION 14.152. (a) Section 351.160, Occupations Code, is
455-7 amended to conform to Section 2, Chapter 733, Acts of the 76th
455-8 Legislature, Regular Session, 1999, to read as follows:
455-9 Sec. 351.160. PHARMACEUTICAL AGENTS. The board by rule shall
455-10 designate classifications of [specific] pharmaceutical agents that
455-11 therapeutic optometrists may use in the practice of therapeutic
455-12 optometry as authorized by this chapter. Additional
455-13 classifications of medications authorized by Section 351.165(c)(3)
455-14 may only be approved as provided by that section.
455-15 (b) Sections 351.358(b)-(f), Occupations Code, are amended
455-16 to conform to Section 2, Chapter 733, Acts of the 76th Legislature,
455-17 Regular Session, 1999, to read as follows:
455-18 (b) A therapeutic optometrist may:
455-19 (1) administer, perform, or prescribe ophthalmic
455-20 devices, procedures, and appropriate medications administered by
455-21 [over-the-counter oral medications, or] topical or oral means, in
455-22 accordance with this section and Section 351.3581 [ocular
455-23 pharmaceutical agents, other than antiviral or antiglaucoma
455-24 agents], to diagnose or treat visual defects, abnormal conditions,
455-25 or diseases of the human vision system, including the eye and [or]
455-26 adnexa; or
455-27 (2) administer medication by parenteral means for a
456-1 purpose and in a manner prescribed by Subsection (e) [remove
456-2 superficial foreign matter or eyelashes from the external eye or
456-3 adnexa].
456-4 (c) A therapeutic optometrist may prescribe oral medications
456-5 only in the following classifications of oral pharmaceuticals:
456-6 (1) one 10-day supply of oral antibiotics;
456-7 (2) one 72-hour supply of oral antihistamines;
456-8 (3) one seven-day supply of oral nonsteroidal
456-9 anti-inflammatories;
456-10 (4) one three-day supply of any analgesic identified
456-11 in Schedules III, IV, and V of 21 U.S.C. Section 812; and
456-12 (5) any other oral pharmaceutical recommended by the
456-13 Optometric Health Care Advisory Committee and approved by the board
456-14 and the Texas State Board of Medical Examiners.
456-15 (d) A therapeutic optometrist may independently administer
456-16 oral carbonic anhydrase inhibitors for emergency purposes only and
456-17 shall immediately refer the patient to an ophthalmologist.
456-18 (e) A therapeutic optometrist may inject appropriate
456-19 medication for a patient who has an anaphylactic reaction to
456-20 counteract the anaphylaxis. The therapeutic optometrist shall
456-21 immediately refer the patient to a physician. [If a therapeutic
456-22 optometrist uses a topical steroid of a strength of one percent
456-23 concentration to treat a condition and the condition does not
456-24 substantially improve before the eighth day after the date of
456-25 initial application, the therapeutic optometrist shall consult with
456-26 an ophthalmologist.]
456-27 [(d) If a therapeutic optometrist uses a topical steroid of
457-1 a strength of less than one percent concentration to treat a
457-2 condition and the condition does not substantially improve before
457-3 the 15th day after the date of initial application, the therapeutic
457-4 optometrist shall consult with an ophthalmologist.]
457-5 [(e) On consultation under Subsection (c) or (d), the
457-6 ophthalmologist shall establish a treatment regimen.]
457-7 [(f) This section does not authorize an optometrist to treat
457-8 glaucoma in a manner that was not permitted by law as the law
457-9 existed on August 31, 1991.]
457-10 (c) Subchapter H, Chapter 351, Occupations Code, is amended
457-11 to conform to Section 2, Chapter 733, Acts of the 76th Legislature,
457-12 Regular Session, 1999, by adding Section 351.3581 to read as
457-13 follows:
457-14 Sec. 351.3581. DIAGNOSIS AND TREATMENT OF GLAUCOMA. (a) A
457-15 therapeutic optometrist may not administer or prescribe an oral or
457-16 parenteral medication or treat glaucoma unless the therapeutic
457-17 optometrist holds a certificate issued by the board. A therapeutic
457-18 optometrist certified under this subsection shall be known as an
457-19 optometric glaucoma specialist. To obtain a certificate, a
457-20 therapeutic optometrist must as required under Section 351.165(c):
457-21 (1) complete an instructional clinical review course;
457-22 and
457-23 (2) pass an examination approved by the board.
457-24 (b) Not later than the 30th day after the date of the
457-25 initial diagnosis of glaucoma, a therapeutic optometrist shall
457-26 engage in consultation with an ophthalmologist to develop an
457-27 individual treatment plan that is approved by the therapeutic
458-1 optometrist and ophthalmologist. The parameters of the
458-2 consultation shall be at the discretion of the ophthalmologist but
458-3 must at least include confirmation of the diagnosis and a plan for
458-4 comanagement of the patient, including periodic review of the
458-5 patient's progress.
458-6 (c) A therapeutic optometrist required to engage in
458-7 comanagement consultation with an ophthalmologist shall inform the
458-8 patient diagnosed with glaucoma that the therapeutic optometrist is
458-9 required to have the diagnosis confirmed and comanaged with an
458-10 ophthalmologist of the patient's choosing or, if the patient does
458-11 not choose an ophthalmologist, an ophthalmologist practicing in the
458-12 geographic area in which the therapeutic optometrist practices.
458-13 (d) A therapeutic optometrist shall refer a patient to an
458-14 ophthalmologist if:
458-15 (1) the patient is younger than 16 years of age and
458-16 has been diagnosed as having glaucoma;
458-17 (2) the patient has been diagnosed as having acute
458-18 closed angle glaucoma;
458-19 (3) the patient has been diagnosed as having malignant
458-20 glaucoma or neovascular glaucoma;
458-21 (4) the therapeutic optometrist determines that a
458-22 patient's glaucoma is caused by a diabetic complication and, after
458-23 joint consultation with the physician treating the diabetes and an
458-24 ophthalmologist by telephone, fax, or another method, the physician
458-25 or ophthalmologist determines that the patient should be seen by
458-26 the physician or ophthalmologist; or
458-27 (5) the therapeutic optometrist determines that a
459-1 patient's glaucoma is not responding appropriately to a treatment
459-2 specified in Subsection (f) and, after consulting a physician by
459-3 telephone, fax, or another method, the physician determines that
459-4 the patient should be seen by the physician or an appropriate
459-5 specialist.
459-6 (e) A therapeutic optometrist who refers a patient to a
459-7 physician or specialist shall inform the patient that the patient
459-8 may go to any physician or specialist the patient chooses. This
459-9 subsection does not prevent a therapeutic optometrist from
459-10 recommending a physician or specialist.
459-11 (f) On making an initial diagnosis of glaucoma, a
459-12 therapeutic optometrist shall set a target pressure that is not
459-13 more than 80 percent of the initial intraocular pressure. The
459-14 patient's glaucoma is not considered to be appropriately responding
459-15 to treatment if the patient fails to achieve the target pressure
459-16 within an appropriate time.
459-17 (g) Before a therapeutic optometrist may prescribe a beta
459-18 blocker, the therapeutic optometrist must take a complete case
459-19 history of the patient and determine whether the patient has had a
459-20 physical examination within the 180 days preceding the date of
459-21 taking the history. If the patient has not had a physical
459-22 examination or if the patient has a history of congestive heart
459-23 failure, bradycardia, heart block, asthma, or chronic obstructive
459-24 pulmonary disease, the therapeutic optometrist must refer the
459-25 patient to a physician for a physical examination before initiating
459-26 beta blocker therapy.
459-27 (h) A therapeutic optometrist who diagnoses acute closed
460-1 angle glaucoma may initiate appropriate emergency treatment for a
460-2 patient but shall refer the patient to a physician in a timely
460-3 manner.
460-4 (i) A physician may charge a reasonable consultation fee for
460-5 a consultation given as provided by this section.
460-6 (j) A physician to whom a patient is referred by a
460-7 therapeutic optometrist under this section shall forward to the
460-8 therapeutic optometrist, not later than the 30th day after first
460-9 seeing the patient, a written report on the results of the
460-10 referral. The therapeutic optometrist shall maintain the report in
460-11 the patient's records. A physician who, for a medically
460-12 appropriate reason, does not return a patient to the therapeutic
460-13 optometrist who referred the patient shall state in the physician's
460-14 report to the therapeutic optometrist the specific medical reason
460-15 for failing to return the patient.
460-16 (d) Section 351.360, Occupations Code, is amended to conform
460-17 to Section 2, Chapter 733, Acts of the 76th Legislature, Regular
460-18 Session, 1999, to read as follows:
460-19 Sec. 351.360. PROFESSIONAL STANDARD OF THERAPEUTIC
460-20 OPTOMETRIST. A therapeutic optometrist, including an optometric
460-21 glaucoma specialist, is subject to the same standard of
460-22 professional care and judgment as a person practicing as an
460-23 ophthalmologist under Subtitle B.
460-24 (e) Subchapter J, Chapter 351, Occupations Code, is amended
460-25 to conform to Section 2, Chapter 733, Acts of the 76th Legislature,
460-26 Regular Session, 1999, by adding Section 351.4521 to read as
460-27 follows:
461-1 Sec. 351.4521. PERFORMANCE OF SURGERY PROHIBITED. A
461-2 therapeutic optometrist may not perform surgery or laser surgery.
461-3 (f) Section 2, Chapter 733, Acts of the 76th Legislature,
461-4 Regular Session, 1999, is repealed.
461-5 SECTION 14.153. (a) Section 351.163(c), Occupations Code, is
461-6 amended to conform to Section 6, Chapter 20, Acts of the 76th
461-7 Legislature, Regular Session, 1999, to read as follows:
461-8 (c) A [Not later than September 1 of each year, the
461-9 executive director shall send a] certified copy of the record
461-10 described by Subsection (b) [to the secretary of state for
461-11 permanent record. A certified copy of the record], marked with the
461-12 hand and seal of the executive director, [sent to the secretary of
461-13 state,] is:
461-14 (1) admissible evidence in all courts; and
461-15 (2) prima facie evidence of all matters contained in
461-16 the record.
461-17 (b) Section 6, Chapter 20, Acts of the 76th Legislature,
461-18 Regular Session, 1999, is repealed.
461-19 SECTION 14.154. (a) Subchapter D, Chapter 351, Occupations
461-20 Code, is amended to conform to Section 3, Chapter 733, Acts of the
461-21 76th Legislature, Regular Session, 1999, by adding Section 351.165
461-22 to read as follows:
461-23 Sec. 351.165. OPTOMETRIC HEALTH CARE ADVISORY COMMITTEE. (a)
461-24 The Optometric Health Care Advisory Committee consists of six
461-25 members appointed as follows:
461-26 (1) two members who are therapeutic optometrists,
461-27 appointed by the board;
462-1 (2) two members who are board-certified
462-2 ophthalmologists, appointed by the Texas State Board of Medical
462-3 Examiners; and
462-4 (3) two members who are pharmacologists, appointed by
462-5 the Texas State Board of Pharmacy.
462-6 (b) Members of the committee serve staggered two-year terms,
462-7 with the terms of half of the members expiring September 1 each
462-8 year.
462-9 (c) The committee shall make recommendations that:
462-10 (1) establish requirements for the education and
462-11 clinical training necessary for certification as an optometric
462-12 glaucoma specialist;
462-13 (2) establish the parameters of care for treatment of
462-14 ocular diseases and conditions by optometric glaucoma specialists
462-15 as health care technology advances; and
462-16 (3) identify additional classes of pharmaceuticals
462-17 under Section 351.358(c) that are effective treatments for ocular
462-18 diseases and conditions and that may be effectively used by
462-19 certified optometric glaucoma specialists.
462-20 (d) A person is not eligible for appointment as a
462-21 pharmacologist member of the committee if the person is licensed as
462-22 a therapeutic optometrist or ophthalmologist or is related within
462-23 the second degree by affinity or consanguinity, as determined under
462-24 Chapter 573, Government Code, to a person who is licensed as a
462-25 therapeutic optometrist or ophthalmologist.
462-26 (e) In making any recommendation, the committee shall
462-27 consider patient safety, patient costs, the effect on a patient's
463-1 access to health care, patient convenience, and any added
463-2 efficiencies to the health care delivery system the decision may
463-3 involve.
463-4 (f) Before a recommendation made by the committee may become
463-5 law, the board and the Texas State Board of Medical Examiners must
463-6 adopt the recommendation. If either board fails to adopt a
463-7 recommendation of the committee, that board must articulate a sound
463-8 scientific reason for the failure to adopt.
463-9 (g) Unless continued in existence by act of the legislature,
463-10 the Optometric Health Care Advisory Committee is abolished and this
463-11 section expires September 1, 2005.
463-12 (b) Section 3, Chapter 733, Acts of the 76th Legislature,
463-13 Regular Session, 1999, is repealed.
463-14 SECTION 14.155. (a) Section 351.254, Occupations Code, is
463-15 amended to conform to Section 1, Chapter 939, Acts of the 76th
463-16 Legislature, Regular Session, 1999, by adding Subsection (c) to
463-17 read as follows:
463-18 (c) An applicant who meets the other requirements of this
463-19 section may take the examination without having graduated as
463-20 required by Subsection (a) if the dean of a college of optometry
463-21 that meets the requirements of the board notifies the board in
463-22 writing that the applicant is enrolled in good standing in the
463-23 college and is in the final semester before graduation.
463-24 (b) Section 1, Chapter 939, Acts of the 76th Legislature,
463-25 Regular Session, 1999, is repealed.
463-26 SECTION 14.156. (a) Subchapter F, Chapter 351, Occupations
463-27 Code, is amended to conform to Section 2, Chapter 939, Acts of the
464-1 76th Legislature, Regular Session, 1999, by adding Section 351.2595
464-2 to read as follows:
464-3 Sec. 351.2595. LICENSE WITHOUT EXAMINATION. The board may
464-4 issue a license to practice therapeutic optometry without requiring
464-5 the applicant to pass all or part of the examination required by
464-6 Section 351.253 if:
464-7 (1) the applicant is licensed in good standing as a
464-8 therapeutic optometrist in another state;
464-9 (2) the applicant has passed an examination that is
464-10 equivalent or superior to the examination required by Section
464-11 351.253;
464-12 (3) during at least five of the seven years preceding
464-13 the application date, the applicant has been:
464-14 (A) actively engaged in the practice of
464-15 therapeutic optometry; or
464-16 (B) engaged in full-time teaching at an
464-17 accredited college of optometry or medicine;
464-18 (4) there are no pending disciplinary actions against
464-19 the applicant in the state in which the applicant is licensed; and
464-20 (5) the applicant's license has never been suspended
464-21 or revoked.
464-22 (b) Section 2, Chapter 939, Acts of the 76th Legislature,
464-23 Regular Session, 1999, is repealed.
464-24 SECTION 14.157. (a) Subchapter H, Chapter 351, Occupations
464-25 Code, is amended to conform to Section 2, Chapter 948, Acts of the
464-26 76th Legislature, Regular Session, 1999, by adding Section 351.366
464-27 to read as follows:
465-1 Sec. 351.366. AUTHORITY TO FORM CERTAIN JOINTLY OWNED
465-2 ENTITIES. (a) Except as provided by Section 351.361 or 351.457, an
465-3 optometrist or therapeutic optometrist and a physician may, for the
465-4 purposes described by Subsection (b), organize, jointly own, and
465-5 manage any legal entity, including:
465-6 (1) a partnership under the Texas Revised Partnership
465-7 Act (Article 6132b-1.01 et seq., Vernon's Texas Civil Statutes);
465-8 (2) a limited partnership under the Texas Revised
465-9 Limited Partnership Act (Article 6132a-1, Vernon's Texas Civil
465-10 Statutes); or
465-11 (3) a limited liability company under the Texas
465-12 Limited Liability Company Act (Article 1528n, Vernon's Texas Civil
465-13 Statutes).
465-14 (b) An entity authorized under Subsection (a) may:
465-15 (1) own real property, other physical facilities, or
465-16 equipment for the delivery of health care services or management;
465-17 (2) lease, rent, or otherwise acquire the use of real
465-18 property, other physical facilities, or equipment for the delivery
465-19 of health care services or management; or
465-20 (3) employ or otherwise use a person who is not an
465-21 optometrist, therapeutic optometrist, or physician for the delivery
465-22 of health care services or management.
465-23 (c) Only an optometrist, therapeutic optometrist, or
465-24 physician may have an ownership interest in an entity authorized
465-25 under Subsection (a). This subsection does not prohibit an entity
465-26 from making one or more payments to an owner's estate following the
465-27 owner's death under an agreement with the owner or as otherwise
466-1 authorized or required by law.
466-2 (b) Section 2, Chapter 948, Acts of the 76th Legislature,
466-3 Regular Session, 1999, is repealed.
466-4 SECTION 14.158. (a) Section 352.053(c), Occupations Code, is
466-5 amended to conform to Section 15.01, Chapter 1411, Acts of the 76th
466-6 Legislature, Regular Session, 1999, to read as follows:
466-7 (c) The board may not adopt substantive rules relating to
466-8 this chapter other than substantive rules described by Subsection
466-9 (b) of this section, Section 352.055, and Section 352.153.
466-10 (b) Section 15.01, Chapter 1411, Acts of the 76th
466-11 Legislature, Regular Session, 1999, is repealed.
466-12 SECTION 14.159. (a) Subchapter B, Chapter 352, Occupations
466-13 Code, is amended to conform to Section 15.02, Chapter 1411, Acts of
466-14 the 76th Legislature, Regular Session, 1999, by adding Section
466-15 352.055 to read as follows:
466-16 Sec. 352.055. RULES REGARDING ADVERTISING OR COMPETITIVE
466-17 BIDDING. (a) The board may not adopt rules restricting advertising
466-18 or competitive bidding by a registrant except to prohibit false,
466-19 misleading, or deceptive practices.
466-20 (b) In its rules to prohibit false, misleading, or deceptive
466-21 practices, the board may not include a rule that:
466-22 (1) restricts the use of any medium for advertising;
466-23 (2) restricts the use of a registrant's personal
466-24 appearance or voice in an advertisement;
466-25 (3) relates to the size or duration of an
466-26 advertisement by the registrant; or
466-27 (4) restricts the registrant's advertisement under a
467-1 trade name.
467-2 (b) Section 15.02, Chapter 1411, Acts of the 76th
467-3 Legislature, Regular Session, 1999, is repealed.
467-4 SECTION 14.160. (a) Subchapter C, Chapter 352, Occupations
467-5 Code, is amended to conform to Section 15.03, Chapter 1411, Acts of
467-6 the 76th Legislature, Regular Session, 1999, by adding Section
467-7 352.1031 to read as follows:
467-8 Sec. 352.1031. NOTICE OF EXAMINATION RESULTS. (a) Not later
467-9 than the 30th day after the date a person takes a qualifying
467-10 examination under this chapter, the department shall notify the
467-11 person of the results of the examination.
467-12 (b) If the examination is graded or reviewed by a testing
467-13 service:
467-14 (1) the department shall notify the person of the
467-15 results of the examination not later than the 14th day after the
467-16 date the department receives the results from the testing service;
467-17 and
467-18 (2) if notice of the examination results will be
467-19 delayed for longer than 90 days after the examination date, the
467-20 department shall notify the person of the reason for the delay
467-21 before the 90th day.
467-22 (c) The department may require a testing service to notify a
467-23 person of the results of the person's examination.
467-24 (d) If requested in writing by a person who fails a
467-25 qualifying examination administered under this chapter, the
467-26 department shall provide to the person an analysis of the person's
467-27 performance on the examination.
468-1 (b) Section 15.03, Chapter 1411, Acts of the 76th
468-2 Legislature, Regular Session, 1999, is repealed.
468-3 SECTION 14.161. (a) Section 352.151, Occupations Code, is
468-4 amended to conform to Section 15.04, Chapter 1411, Acts of the 76th
468-5 Legislature, Regular Session, 1999, by adding Subsections (c) and
468-6 (d) to read as follows:
468-7 (c) Not later than the 30th day before the date a person's
468-8 certificate of registration is scheduled to expire, the department
468-9 shall send written notice of the impending expiration to the person
468-10 at the person's last known address according to the records of the
468-11 department.
468-12 (d) A person whose certificate of registration has expired
468-13 may not make a representation for which a certificate of
468-14 registration is required under Section 352.101 until the
468-15 certificate has been renewed.
468-16 (b) Sections 352.152(b)-(e), Occupations Code, are amended
468-17 to conform to Section 15.04, Chapter 1411, Acts of the 76th
468-18 Legislature, Regular Session, 1999, to read as follows:
468-19 (b) The application must be accompanied by [the renewal fee
468-20 and] evidence that the applicant has successfully completed the
468-21 continuing education courses required by board rule.
468-22 (c) A person who is otherwise eligible to renew a
468-23 certificate of registration may renew an unexpired certificate by
468-24 paying the required renewal fee to the department before the
468-25 expiration date of the certificate.
468-26 (d) A person whose certificate of registration has been
468-27 expired for 90 days or less may renew the certificate by paying to
469-1 the department a renewal fee that is equal to 1-1/2 times the
469-2 normally required renewal fee.
469-3 (e) A person whose certificate of registration has been
469-4 expired for more than 90 days but less than one year may renew the
469-5 certificate by paying to the department a renewal fee that is equal
469-6 to two times the normally required renewal fee.
469-7 (f) A person whose certificate of registration has been
469-8 expired for one year or more may not renew the certificate. The
469-9 person may obtain a new certificate of registration by complying
469-10 with the requirements and procedures, including the examination
469-11 requirements, for an original certificate. [The board may not
469-12 require more than 10 classroom hours of continuing education
469-13 courses each year.]
469-14 [(d) A person registered under this chapter who does not
469-15 renew a certificate of registration by the expiration date may
469-16 renew the certificate not later than the 180th day after the
469-17 expiration date by paying the late renewal fee prescribed by the
469-18 board.]
469-19 [(e) The certificate of registration of a person who fails
469-20 to meet the renewal requirements under this section is void until
469-21 the person submits a new application, pays the appropriate fees,
469-22 and meets the registration requirements provided by Subchapter C.]
469-23 (c) Subchapter D, Chapter 352, Occupations Code, is amended
469-24 to conform to Section 15.04, Chapter 1411, Acts of the 76th
469-25 Legislature, Regular Session, 1999, by adding Sections 352.153 and
469-26 352.154 to read as follows:
469-27 Sec. 352.153. CONTINUING EDUCATION. (a) The board shall
470-1 recognize, prepare, or administer continuing education programs for
470-2 its registrants. A person registered under this chapter must
470-3 participate in the programs to the extent required by the board to
470-4 keep the person's certificate of registration.
470-5 (b) The board may not require more than 10 classroom hours
470-6 of continuing education courses each year.
470-7 Sec. 352.154. RENEWAL OF EXPIRED CERTIFICATE BY OUT-OF-STATE
470-8 PRACTITIONER. (a) A person who was registered in this state, moved
470-9 to another state, and is currently licensed or registered and has
470-10 been in practice in the other state for the two years preceding the
470-11 date of application may obtain a new certificate of registration
470-12 without reexamination.
470-13 (b) The person must pay to the department a fee that is
470-14 equal to two times the normally required renewal fee for the
470-15 certificate.
470-16 (d) Section 15.04, Chapter 1411, Acts of the 76th
470-17 Legislature, Regular Session, 1999, is repealed.
470-18 SECTION 14.162. (a) Section 352.251, Occupations Code, is
470-19 amended to conform to Section 15.05, Chapter 1411, Acts of the 76th
470-20 Legislature, Regular Session, 1999, to read as follows:
470-21 Sec. 352.251. DENIAL OF CERTIFICATE; DISCIPLINARY ACTION.
470-22 The department shall [may] deny an application for a certificate of
470-23 registration, suspend or revoke a certificate of registration, or
470-24 reprimand [place on probation] a person who is registered under
470-25 this chapter if the person:
470-26 (1) obtains a certificate of registration by means of
470-27 fraud, misrepresentation, or concealment of a material fact;
471-1 (2) sells, barters, or offers to sell or barter a
471-2 certificate of registration;
471-3 (3) violates a rule adopted by the board;
471-4 (4) violates Section 352.101; or
471-5 (5) practices medicine, therapeutic optometry, or
471-6 optometry without a license.
471-7 (b) Subchapter F, Chapter 352, Occupations Code, is amended
471-8 to conform to Section 15.05, Chapter 1411, Acts of the 76th
471-9 Legislature, Regular Session, 1999, by adding Section 352.2525 to
471-10 read as follows:
471-11 Sec. 352.2525. PROBATION. The board may place on probation a
471-12 person whose certificate of registration is suspended. If the
471-13 suspension is probated, the board may require the person to:
471-14 (1) report regularly to the department on matters that
471-15 are the basis of the probation;
471-16 (2) limit practice to the areas prescribed by the
471-17 board; or
471-18 (3) continue or review professional education until
471-19 the person attains a degree of skill satisfactory to the board in
471-20 those areas that are the basis of the probation.
471-21 (c) Section 352.253(a), Occupations Code, is amended to
471-22 conform to Section 15.05, Chapter 1411, Acts of the 76th
471-23 Legislature, Regular Session, 1999, to read as follows:
471-24 (a) A person whose application for a certificate of
471-25 registration is denied, [or] whose certificate of registration is
471-26 suspended or revoked, or who is reprimanded is entitled to a
471-27 hearing before the department if the person submits to the
472-1 department a written request for the hearing.
472-2 (d) Section 15.05, Chapter 1411, Acts of the 76th
472-3 Legislature, Regular Session, 1999, is repealed.
472-4 PART 8. CHANGES RELATING TO SUBTITLE G,
472-5 TITLE 3, OCCUPATIONS CODE
472-6 SECTION 14.171. (a) Section 401.201(a), Occupations Code, is
472-7 amended to conform to Section 7, Chapter 1444, Acts of the 76th
472-8 Legislature, Regular Session, 1999, to read as follows:
472-9 (a) With the assistance of the department, the board shall:
472-10 (1) administer, coordinate, and enforce this chapter;
472-11 (2) evaluate the qualifications of license applicants;
472-12 (3) provide for the examination of license applicants;
472-13 (4) in connection with a hearing under Section
472-14 401.454, issue subpoenas, examine witnesses, and administer oaths
472-15 under the laws of this state;
472-16 (5) conduct hearings and keep records and minutes
472-17 necessary to the orderly administration of this chapter; and
472-18 (6) investigate persons engaging in practices that
472-19 violate this chapter.
472-20 (b) Section 7, Chapter 1444, Acts of the 76th Legislature,
472-21 Regular Session, 1999, is repealed.
472-22 SECTION 14.172. (a) Subchapter F, Chapter 401, Occupations
472-23 Code, is amended to conform to Section 8, Chapter 1444, Acts of the
472-24 76th Legislature, Regular Session, 1999, by adding Section 401.2535
472-25 to read as follows:
472-26 Sec. 401.2535. COMPLAINT INVESTIGATION; SUBPOENA. (a) In
472-27 an investigation of a complaint filed with the board, the board may
473-1 request that the commissioner of public health or the
473-2 commissioner's designee approve the issuance of a subpoena. If the
473-3 request is approved, the board may issue a subpoena to compel the
473-4 attendance of a relevant witness or the production, for inspection
473-5 or copying, of relevant evidence that is in this state.
473-6 (b) A subpoena may be served personally or by certified
473-7 mail.
473-8 (c) If a person fails to comply with a subpoena, the board,
473-9 acting through the attorney general, may file suit to enforce the
473-10 subpoena in a district court in Travis County or in the county in
473-11 which a hearing conducted by the board may be held.
473-12 (d) On finding that good cause exists for issuing the
473-13 subpoena, the court shall order the person to comply with the
473-14 subpoena. The court may punish a person who fails to obey the
473-15 court order.
473-16 (e) The board may delegate the authority granted under
473-17 Subsection (a) to the secretary-treasurer of the board.
473-18 (f) The board shall pay a reasonable fee for photocopies
473-19 subpoenaed under this section in an amount not to exceed the amount
473-20 the board may charge for copies of its records.
473-21 (g) The reimbursement of the expenses of a witness whose
473-22 attendance is compelled under this section is governed by Section
473-23 2001.103, Government Code.
473-24 (h) All information and materials subpoenaed or compiled by
473-25 the board in connection with a complaint and investigation are
473-26 confidential and not subject to disclosure under Chapter 552,
473-27 Government Code, and not subject to disclosure, discovery,
474-1 subpoena, or other means of legal compulsion for their release to
474-2 anyone other than the board or its employees or agents involved in
474-3 discipline of the holder of a license, except that this information
474-4 may be disclosed to:
474-5 (1) persons involved with the board in a disciplinary
474-6 action against the holder of a license;
474-7 (2) professional speech-language pathologist and
474-8 audiologist licensing or disciplinary boards in other
474-9 jurisdictions;
474-10 (3) peer assistance programs approved by the board
474-11 under Chapter 467, Health and Safety Code;
474-12 (4) law enforcement agencies; and
474-13 (5) persons engaged in bona fide research, if all
474-14 individual-identifying information has been deleted.
474-15 (i) The filing of formal charges by the board against a
474-16 holder of a license, the nature of those charges, disciplinary
474-17 proceedings of the board, and final disciplinary actions, including
474-18 warnings and reprimands, by the board are not confidential and are
474-19 subject to disclosure in accordance with Chapter 552, Government
474-20 Code.
474-21 (b) Section 8, Chapter 1444, Acts of the 76th Legislature,
474-22 Regular Session, 1999, is repealed.
474-23 SECTION 14.173. (a) Section 402.101, Occupations Code, is
474-24 amended to conform to Section 11, Chapter 1444, Acts of the 76th
474-25 Legislature, Regular Session, 1999, to read as follows:
474-26 Sec. 402.101. GENERAL POWERS AND DUTIES. With the assistance
474-27 of the department, the committee shall:
475-1 (1) administer, coordinate, and enforce this chapter;
475-2 (2) evaluate the qualifications of applicants;
475-3 (3) examine applicants;
475-4 (4) in connection with a hearing under Section
475-5 402.502, issue subpoenas, examine witnesses, and administer oaths
475-6 under the laws of this state; and
475-7 (5) conduct hearings and keep records and minutes
475-8 necessary to the orderly administration of this chapter.
475-9 (b) Section 11, Chapter 1444, Acts of the 76th Legislature,
475-10 Regular Session, 1999, is repealed.
475-11 SECTION 14.174. (a) Subchapter D, Chapter 402, Occupations
475-12 Code, is amended to conform to Section 12, Chapter 1444, Acts of
475-13 the 76th Legislature, Regular Session, 1999, by adding Section
475-14 402.154 to read as follows:
475-15 Sec. 402.154. COMPLAINT INVESTIGATION; SUBPOENA. (a) In an
475-16 investigation of a complaint filed with the committee, the
475-17 committee may request that the commissioner of public health or the
475-18 commissioner's designee approve the issuance of a subpoena. If the
475-19 request is approved, the committee may issue a subpoena to compel
475-20 the attendance of a relevant witness or the production, for
475-21 inspection or copying, of relevant evidence that is in this state.
475-22 (b) A subpoena may be served personally or by certified
475-23 mail.
475-24 (c) If a person fails to comply with a subpoena, the
475-25 committee, acting through the attorney general, may file suit to
475-26 enforce the subpoena in a district court in Travis County or in the
475-27 county in which a hearing conducted by the committee may be held.
476-1 (d) On finding that good cause exists for issuing the
476-2 subpoena, the court shall order the person to comply with the
476-3 subpoena. The court may punish a person who fails to obey the
476-4 court order.
476-5 (e) The committee may delegate the authority granted under
476-6 Subsection (a) to the president or vice president of the
476-7 committee.
476-8 (f) The committee shall pay a reasonable fee for photocopies
476-9 subpoenaed under this section in an amount not to exceed the amount
476-10 the committee may charge for copies of its records.
476-11 (g) The reimbursement of the expenses of a witness whose
476-12 attendance is compelled under this section is governed by Section
476-13 2001.103, Government Code.
476-14 (h) All information and materials subpoenaed or compiled by
476-15 the committee in connection with a complaint and investigation are
476-16 confidential and not subject to disclosure under Chapter 552,
476-17 Government Code, and not subject to disclosure, discovery,
476-18 subpoena, or other means of legal compulsion for their release to
476-19 anyone other than the committee or its agents or employees who are
476-20 involved in discipline of the holder of a license, except that this
476-21 information may be disclosed to:
476-22 (1) persons involved with the committee in a
476-23 disciplinary action against the holder of a license;
476-24 (2) professional licensing or disciplinary boards for
476-25 the fitting and dispensing of hearing instruments in other
476-26 jurisdictions;
476-27 (3) peer assistance programs approved by the board
477-1 under Chapter 467, Health and Safety Code;
477-2 (4) law enforcement agencies; and
477-3 (5) persons engaged in bona fide research, if all
477-4 individual-identifying information has been deleted.
477-5 (i) The filing of formal charges by the committee against a
477-6 holder of a license, the nature of those charges, disciplinary
477-7 proceedings of the committee, and final disciplinary actions,
477-8 including warnings and reprimands, by the committee are not
477-9 confidential and are subject to disclosure in accordance with
477-10 Chapter 552, Government Code.
477-11 (b) Section 12, Chapter 1444, Acts of the 76th Legislature,
477-12 Regular Session, 1999, is repealed.
477-13 PART 9. CHANGES RELATING TO SUBTITLE H,
477-14 TITLE 3, OCCUPATIONS CODE
477-15 SECTION 14.201. (a) Section 451.001, Occupations Code, is
477-16 amended to conform to Section 1, Chapter 445, Acts of the 76th
477-17 Legislature, Regular Session, 1999, to read as follows:
477-18 Sec. 451.001. DEFINITIONS. In this chapter:
477-19 (1) "Athletic injury" means an injury sustained by a
477-20 person as a result of the person's participation in an organized
477-21 sport or sport-related exercise or activity, including
477-22 interscholastic, intercollegiate, intramural, semiprofessional, and
477-23 professional sports activities.
477-24 (2) "Athletic trainer" means a person who practices
477-25 athletic training, is licensed by the board, and may use the
477-26 initials "LAT," "LATC," and "AT" to designate the person as an
477-27 athletic trainer. The terms "sports trainer" and "licensed
478-1 athletic trainer" are equivalent to "athletic trainer."[, on the
478-2 advice and consent of the team physician, practices the prevention
478-3 or physical rehabilitation of injuries to athletes through the use
478-4 of physical modalities, including heat, light, sound, cold,
478-5 electricity, or mechanical devices related to rehabilitation and
478-6 treatment.]
478-7 (3) "Athletic training" means the form of health care
478-8 that includes the practice of preventing, recognizing, assessing,
478-9 managing, treating, disposing of, and reconditioning athletic
478-10 injuries under the direction of a physician licensed in this state
478-11 or another qualified, licensed health professional who is
478-12 authorized to refer for health care services within the scope of
478-13 the person's license.
478-14 (4) [(2)] "Board" means the Advisory Board of Athletic
478-15 Trainers.
478-16 (5) "Commissioner" means the commissioner of public
478-17 health.
478-18 (6) [(3)] "Department" means the Texas Department of
478-19 Health.
478-20 (b) Section 451.003, Occupations Code, is amended to conform
478-21 to Section 1, Chapter 445, Acts of the 76th Legislature, Regular
478-22 Session, 1999, to read as follows:
478-23 Sec. 451.003. APPLICABILITY. This chapter does not apply
478-24 to:
478-25 (1) a physician licensed by the Texas State Board of
478-26 Medical Examiners;
478-27 (2) a dentist, licensed under the laws of this state,
479-1 engaged in the practice of dentistry;
479-2 (3) a licensed optometrist or therapeutic optometrist
479-3 engaged in the practice of optometry or therapeutic optometry as
479-4 defined by statute;
479-5 (4) an occupational therapist engaged in the practice
479-6 of occupational therapy;
479-7 (5) a nurse engaged in the practice of nursing;
479-8 (6) a licensed podiatrist engaged in the practice of
479-9 podiatry as defined by statute;
479-10 (7) a physical therapist engaged in the practice of
479-11 physical therapy;
479-12 (8) a registered massage therapist engaged in the
479-13 practice of massage therapy; [or]
479-14 (9) a commissioned or contract physician, physical
479-15 therapist, or physical therapist assistant in the United States
479-16 Army, Navy, Air Force, or Public Health Service; or
479-17 (10) an athletic trainer who does not live in this
479-18 state, who is licensed, registered, or certified by an authority
479-19 recognized by the board, and who provides athletic training in this
479-20 state for a period determined by the board.
479-21 (c) Section 1, Chapter 445, Acts of the 76th Legislature,
479-22 Regular Session, 1999, is repealed.
479-23 SECTION 14.202. (a) Section 451.051, Occupations Code, is
479-24 amended to conform to Section 13.01, Chapter 1411, Acts of the 76th
479-25 Legislature, Regular Session, 1999, by amending Subsections (b) and
479-26 (c) and adding Subsection (d) to read as follows:
479-27 (b) The board consists of six members appointed by the
480-1 governor with the advice and consent of the senate as follows:
480-2 (1) four members who are athletic trainers; and
480-3 (2) two members who represent the public.
480-4 (c) Each member of the board must be[:]
480-5 [(1)] a citizen of the United States and a resident of
480-6 this state for the five years preceding appointment[; and]
480-7 [(2) a licensed athletic trainer].
480-8 (d) Appointments to the board shall be made without regard
480-9 to the race, color, disability, sex, religion, age, or national
480-10 origin of the appointee.
480-11 (b) Subchapter B, Chapter 451, Occupations Code, is amended
480-12 to conform to Sections 13.01 and 13.02, Chapter 1411, Acts of the
480-13 76th Legislature, Regular Session, 1999, by adding Sections
480-14 451.0511, 451.0512, 451.0513, and 451.057 to read as follows:
480-15 Sec. 451.0511. PUBLIC MEMBER ELIGIBILITY. A person may not
480-16 be a public member of the board if the person or the person's
480-17 spouse:
480-18 (1) is registered, certified, or licensed by a
480-19 regulatory agency in the field of athletic training;
480-20 (2) is employed by or participates in the management
480-21 of a business entity or other organization regulated by or
480-22 receiving money from the board;
480-23 (3) owns or controls, directly or indirectly, more
480-24 than a 10 percent interest in a business entity or other
480-25 organization regulated by or receiving money from the board; or
480-26 (4) uses or receives a substantial amount of tangible
480-27 goods, services, or money from the board other than compensation or
481-1 reimbursement authorized by law for board membership, attendance,
481-2 or expenses.
481-3 Sec. 451.0512. MEMBERSHIP RESTRICTIONS. (a) In this
481-4 section, "Texas trade association" means a cooperative and
481-5 voluntarily joined association of business or professional
481-6 competitors in this state designed to assist its members and its
481-7 industry or profession in dealing with mutual business or
481-8 professional problems and in promoting their common interest.
481-9 (b) A person may not be a member of the board if:
481-10 (1) the person is an officer, employee, or paid
481-11 consultant of a Texas trade association in the field of athletic
481-12 training; or
481-13 (2) the person's spouse is an officer, manager, or
481-14 paid consultant of a Texas trade association in the field of
481-15 athletic training.
481-16 (c) A person may not be a member of the board if the person
481-17 is required to register as a lobbyist under Chapter 305, Government
481-18 Code, because of the person's activities for compensation on behalf
481-19 of a profession related to the operation of the board.
481-20 Sec. 451.0513. GROUNDS FOR REMOVAL. (a) It is a ground for
481-21 removal from the board that a member:
481-22 (1) does not have at the time of taking office the
481-23 qualifications required by Section 451.051;
481-24 (2) does not maintain during service on the board the
481-25 qualifications required by Section 451.051;
481-26 (3) is ineligible for membership under Section
481-27 451.0512;
482-1 (4) cannot, because of illness or disability,
482-2 discharge the member's duties for a substantial part of the
482-3 member's term; or
482-4 (5) is absent from more than half of the regularly
482-5 scheduled board meetings that the member is eligible to attend
482-6 during a calendar year without an excuse approved by the board.
482-7 (b) The validity of an action of the board is not affected
482-8 by the fact that it is taken when a ground for removal of a board
482-9 member exists.
482-10 (c) If the commissioner has knowledge that a potential
482-11 ground for removal exists, the commissioner shall notify the
482-12 presiding officer of the board of the potential ground. The
482-13 presiding officer shall then notify the governor and the attorney
482-14 general that a potential ground for removal exists. If the
482-15 potential ground for removal involves the presiding officer, the
482-16 commissioner shall notify the next highest ranking officer of the
482-17 board, who shall then notify the governor and the attorney general
482-18 that a potential ground for removal exists.
482-19 Sec. 451.057. TRAINING. (a) A person who is appointed to
482-20 and qualifies for office as a member of the board may not vote,
482-21 deliberate, or be counted as a member in attendance at a meeting of
482-22 the board until the person completes a training program that
482-23 complies with this section.
482-24 (b) The training program must provide the person with
482-25 information regarding:
482-26 (1) the legislation that created the board;
482-27 (2) the programs operated by the board;
483-1 (3) the role and functions of the board;
483-2 (4) the rules of the board, with an emphasis on the
483-3 rules that relate to disciplinary and investigatory authority;
483-4 (5) the current budget for the board;
483-5 (6) the results of the most recent formal audit of the
483-6 board;
483-7 (7) the requirements of:
483-8 (A) the open meetings law, Chapter 551,
483-9 Government Code;
483-10 (B) the public information law, Chapter 552,
483-11 Government Code;
483-12 (C) the administrative procedure law, Chapter
483-13 2001, Government Code; and
483-14 (D) other laws relating to public officials,
483-15 including conflict of interest laws; and
483-16 (8) any applicable ethics policies adopted by the
483-17 board or the Texas Ethics Commission.
483-18 (c) A person appointed to the board is entitled to
483-19 reimbursement, as provided by the General Appropriations Act, for
483-20 the travel expenses incurred in attending the training program,
483-21 regardless of whether the attendance at the program occurs before
483-22 or after the person qualifies for office.
483-23 (c) Subchapter C, Chapter 451, Occupations Code, is amended
483-24 to conform to Section 13.02, Chapter 1411, Acts of the 76th
483-25 Legislature, Regular Session, 1999, by adding Sections 451.1015 and
483-26 451.1016 to read as follows:
483-27 Sec. 451.1015. STANDARDS OF CONDUCT INFORMATION. The
484-1 commissioner or the commissioner's designee shall provide to
484-2 members of the board, as often as necessary, information regarding
484-3 the requirements for office under this chapter, including
484-4 information regarding a person's responsibilities under applicable
484-5 laws relating to standards of conduct for state officers.
484-6 Sec. 451.1016. DIVISION OF RESPONSIBILITIES. The board shall
484-7 develop and implement policies that clearly separate the
484-8 policy-making responsibilities of the board and the management
484-9 responsibilities of the commissioner and the staff of the
484-10 department.
484-11 (d) Sections 13.01 and 13.02, Chapter 1411, Acts of the 76th
484-12 Legislature, Regular Session, 1999, are repealed.
484-13 SECTION 14.203. (a) Section 451.055(a), Occupations Code,
484-14 is amended to conform to Section 13.03, Chapter 1411, Acts of the
484-15 76th Legislature, Regular Session, 1999, to read as follows:
484-16 (a) The governor shall designate a member of the board as
484-17 the board's presiding officer to serve in that capacity at the will
484-18 of the governor. The board shall elect an assistant [a] presiding
484-19 officer[, vice presiding officer,] and secretary-treasurer from its
484-20 members. The assistant presiding officer[, vice presiding
484-21 officer,] and secretary-treasurer serve a one-year term.
484-22 (b) Subchapter C, Chapter 451, Occupations Code, is amended
484-23 to conform to Sections 13.03 and 13.04, Chapter 1411, Acts of the
484-24 76th Legislature, Regular Session, 1999, and Section 4, Chapter
484-25 1444, Acts of the 76th Legislature, Regular Session, 1999, by
484-26 adding Sections 451.108-451.110 to read as follows:
484-27 Sec. 451.108. PUBLIC PARTICIPATION. The board shall develop
485-1 and implement policies that provide the public with a reasonable
485-2 opportunity to appear before the board and to speak on any issue
485-3 under the jurisdiction of the board.
485-4 Sec. 451.109. COMPLAINTS. (a) The board shall maintain a
485-5 file on each written complaint filed with the board. The file must
485-6 include:
485-7 (1) the name of the person who filed the complaint;
485-8 (2) the date the complaint is received by the board;
485-9 (3) the subject matter of the complaint;
485-10 (4) the name of each person contacted in relation to
485-11 the complaint;
485-12 (5) a summary of the results of the review or
485-13 investigation of the complaint; and
485-14 (6) an explanation of the reason the file was closed,
485-15 if the board closed the file without taking action other than to
485-16 investigate the complaint.
485-17 (b) The board shall provide to the person filing the
485-18 complaint and to each person who is a subject of the complaint a
485-19 copy of the board's policies and procedures relating to complaint
485-20 investigation and resolution.
485-21 (c) The board, at least quarterly until final disposition of
485-22 the complaint, shall notify the person filing the complaint and
485-23 each person who is a subject of the complaint of the status of the
485-24 investigation unless the notice would jeopardize an undercover
485-25 investigation.
485-26 Sec. 451.110. SUBPOENAS. (a) In an investigation of a
485-27 complaint filed with the board, the board may request that the
486-1 commissioner or the commissioner's designee approve the issuance of
486-2 a subpoena. If the request is approved, the board may issue a
486-3 subpoena to compel the attendance of a relevant witness or the
486-4 production, for inspection or copying, of relevant evidence that is
486-5 in this state.
486-6 (b) A subpoena may be served personally or by certified
486-7 mail.
486-8 (c) If a person fails to comply with the subpoena, the
486-9 board, acting through the attorney general, may file suit to
486-10 enforce the subpoena in a district court in Travis County or in the
486-11 county in which a hearing conducted by the board may be held.
486-12 (d) On finding that good cause exists for issuing the
486-13 subpoena, the court shall order the person to comply with the
486-14 subpoena. The court may punish a person who fails to obey the
486-15 court order.
486-16 (e) The board may delegate the authority granted under
486-17 Subsection (a) to the secretary-treasurer or executive secretary of
486-18 the board.
486-19 (f) The board shall pay a reasonable fee for photocopies
486-20 subpoenaed under this section in an amount not to exceed the amount
486-21 the board may charge for copies of its records.
486-22 (g) The reimbursement of the expenses of a witness whose
486-23 attendance is compelled under this section is governed by Section
486-24 2001.103, Government Code.
486-25 (h) All information and materials subpoenaed or compiled by
486-26 the board in connection with a complaint and investigation are
486-27 confidential and not subject to disclosure under Chapter 552,
487-1 Government Code, and not subject to disclosure, discovery,
487-2 subpoena, or other means of legal compulsion for their release to
487-3 anyone other than the board or its employees or agents involved in
487-4 discipline of the holder of a license, except that this information
487-5 may be disclosed to:
487-6 (1) persons involved with the board in a disciplinary
487-7 action against the holder of a license;
487-8 (2) athletic trainer licensing or disciplinary boards
487-9 in other jurisdictions;
487-10 (3) peer assistance programs approved by the board
487-11 under Chapter 467, Health and Safety Code;
487-12 (4) law enforcement agencies; and
487-13 (5) persons engaged in bona fide research, if all
487-14 individual-identifying information has been deleted.
487-15 (i) The filing of formal charges by the board against a
487-16 holder of a license, the nature of those charges, disciplinary
487-17 proceedings of the board, and final disciplinary actions, including
487-18 warnings and reprimands, by the board are not confidential and are
487-19 subject to disclosure in accordance with Chapter 552, Government
487-20 Code.
487-21 (c) The following are repealed:
487-22 (1) Sections 13.03 and 13.04, Chapter 1411, Acts of
487-23 the 76th Legislature, Regular Session, 1999; and
487-24 (2) Section 4, Chapter 1444, Acts of the 76th
487-25 Legislature, Regular Session, 1999.
487-26 SECTION 14.204. (a) Section 451.101(a), Occupations Code,
487-27 is amended to conform to Section 13.05, Chapter 1411, Acts of the
488-1 76th Legislature, Regular Session, 1999, to read as follows:
488-2 (a) The board shall:
488-3 (1) [establish guidelines for athletic trainers,
488-4 including requirements for continuing education;]
488-5 [(2)] adopt an official seal;
488-6 (2) [(3)] prescribe the application form for a license
488-7 applicant;
488-8 (3) [(4)] prescribe a suitable form for a license
488-9 certificate; and
488-10 (4) [(5)] prepare and conduct an examination for
488-11 license applicants.
488-12 (b) Subchapter E, Chapter 451, Occupations Code, is amended
488-13 to conform to Section 13.05, Chapter 1411, Acts of the 76th
488-14 Legislature, Regular Session, 1999, by adding Section 451.204 to
488-15 read as follows:
488-16 Sec. 451.204. CONTINUING EDUCATION. The board shall
488-17 recognize, prepare, or administer continuing education programs for
488-18 its license holders. A license holder must participate in the
488-19 programs to the extent required by the board to keep the person's
488-20 license.
488-21 (c) Section 13.05, Chapter 1411, Acts of the 76th
488-22 Legislature, Regular Session, 1999, is repealed.
488-23 SECTION 14.205. (a) Subchapter C, Chapter 451, Occupations
488-24 Code, is amended to conform to Section 13.06, Chapter 1411, Acts of
488-25 the 76th Legislature, Regular Session, 1999, by adding Section
488-26 451.1035 to read as follows:
488-27 Sec. 451.1035. RULES REGARDING ADVERTISING OR COMPETITIVE
489-1 BIDDING. (a) The board may not adopt rules restricting advertising
489-2 or competitive bidding by a license holder except to prohibit
489-3 false, misleading, or deceptive practices.
489-4 (b) In its rules to prohibit false, misleading, or deceptive
489-5 practices, the board may not include a rule that:
489-6 (1) restricts the use of any medium for advertising;
489-7 (2) restricts the use of a license holder's personal
489-8 appearance or voice in an advertisement;
489-9 (3) relates to the size or duration of an
489-10 advertisement by the license holder; or
489-11 (4) restricts the license holder's advertisement under
489-12 a trade name.
489-13 (b) Section 13.06, Chapter 1411, Acts of the 76th
489-14 Legislature, Regular Session, 1999, is repealed.
489-15 SECTION 14.206. (a) Sections 451.202(a)-(d), Occupations
489-16 Code, are amended to conform to Section 13.07, Chapter 1411, Acts
489-17 of the 76th Legislature, Regular Session, 1999, to read as follows:
489-18 (a) A person who is otherwise eligible to renew a license
489-19 may renew an unexpired license by paying the required renewal fee
489-20 to the board before the expiration date of the license. A person
489-21 whose license has expired may not engage in activities that require
489-22 a license until the license has been renewed.
489-23 (b) If the person's license has been expired for 90 days or
489-24 less, the person may renew the license by paying to the board a
489-25 [the] renewal fee that is 1-1/2 times the normally required renewal
489-26 fee [and a fee that is equal to half of the examination fee for the
489-27 license].
490-1 (c) If the person's license has been expired for longer than
490-2 90 days but less than one year [two years], the person may renew
490-3 the license by paying to the board a [all unpaid] renewal [fees and
490-4 a] fee that is equal to two times the normally required renewal fee
490-5 [the examination fee] for the license.
490-6 (d) If the person's license has been expired for one year
490-7 [two years] or longer, the person may not renew the license. The
490-8 person may obtain a new license by submitting to reexamination and
490-9 complying with the requirements and procedures for obtaining an
490-10 original license.
490-11 (b) Section 451.203(b), Occupations Code, is amended to
490-12 conform to Section 13.07, Chapter 1411, Acts of the 76th
490-13 Legislature, Regular Session, 1999, to read as follows:
490-14 (b) The person must pay to the board a fee that is equal to
490-15 two times the normally required renewal [the examination] fee for
490-16 the license.
490-17 (c) Section 13.07, Chapter 1411, Acts of the 76th
490-18 Legislature, Regular Session, 1999, is repealed.
490-19 SECTION 14.207. (a) Section 451.251(a), Occupations Code,
490-20 is amended to conform to Section 13.08, Chapter 1411, Acts of the
490-21 76th Legislature, Regular Session, 1999, and Section 2, Chapter
490-22 445, Acts of the 76th Legislature, Regular Session, 1999, to read
490-23 as follows:
490-24 (a) The board may refuse to issue a license to an applicant
490-25 and shall reprimand a license holder or [may] suspend, [or] revoke,
490-26 or refuse to renew a [the] person's license if the person:
490-27 (1) has been convicted of a misdemeanor involving
491-1 moral turpitude or a felony;
491-2 (2) obtained the license by fraud or deceit; [or]
491-3 (3) violated or conspired to violate this chapter or a
491-4 rule adopted under this chapter; or
491-5 (4) provided services outside the scope of practice of
491-6 athletic training.
491-7 (b) Subchapter F, Chapter 451, Occupations Code, is amended
491-8 to conform to Section 13.08, Chapter 1411, Acts of the 76th
491-9 Legislature, Regular Session, 1999, by adding Section 451.2512 to
491-10 read as follows:
491-11 Sec. 451.2512. PROBATION. The board may place on probation
491-12 a person whose license is suspended. If a suspension is probated,
491-13 the board may require the person to:
491-14 (1) report regularly to the board on matters that are
491-15 the basis of the probation;
491-16 (2) limit practice to the areas prescribed by the
491-17 board; or
491-18 (3) continue or review professional education until
491-19 the person attains a degree of skill satisfactory to the board in
491-20 those areas that are the basis of the probation.
491-21 (c) Section 13.08, Chapter 1411, Acts of the 76th
491-22 Legislature, Regular Session, 1999, and Section 2, Chapter 445,
491-23 Acts of the 76th Legislature, Regular Session, 1999, are repealed.
491-24 SECTION 14.208. (a) Chapter 451, Occupations Code, is
491-25 amended to conform to Section 13.09, Chapter 1411, Acts of the 76th
491-26 Legislature, Regular Session, 1999, by adding Subchapter H to read
491-27 as follows:
492-1 SUBCHAPTER H. ADMINISTRATIVE PENALTY
492-2 Sec. 451.351. IMPOSITION OF ADMINISTRATIVE PENALTY. (a) The
492-3 board may impose an administrative penalty on a person licensed
492-4 under this chapter who violates this chapter or a rule or order
492-5 adopted under this chapter. A penalty collected under this section
492-6 or Section 451.352 shall be deposited in the state treasury in the
492-7 general revenue fund.
492-8 (b) A proceeding to impose the penalty is considered to be a
492-9 contested case under Chapter 2001, Government Code.
492-10 (c) The amount of the penalty may not exceed $500 for each
492-11 violation, and each day a violation continues or occurs is a
492-12 separate violation for purposes of imposing a penalty. The total
492-13 amount of the penalty assessed for a violation continuing or
492-14 occurring on separate days under this subsection may not exceed
492-15 $2,500.
492-16 (d) The amount shall be based on:
492-17 (1) the seriousness of the violation, including the
492-18 nature, circumstances, extent, and gravity of the violation;
492-19 (2) the threat to health or safety caused by the
492-20 violation;
492-21 (3) the history of previous violations;
492-22 (4) the amount necessary to deter a future violation;
492-23 (5) whether the violator demonstrated good faith,
492-24 including, when applicable, whether the violator made good faith
492-25 efforts to correct the violation; and
492-26 (6) any other matter that justice may require.
492-27 (e) If the executive secretary determines that a violation
493-1 occurred, the executive secretary shall give written notice of the
493-2 violation by certified mail to the person.
493-3 (f) The notice under Subsection (e) must:
493-4 (1) include a brief summary of the alleged violation;
493-5 (2) state the amount of the recommended penalty; and
493-6 (3) inform the person of the person's right to a
493-7 hearing on the occurrence of the violation, the amount of the
493-8 penalty, or both.
493-9 (g) Within 20 days after the date the person receives the
493-10 notice under Subsection (e), the person in writing may:
493-11 (1) accept the determination and recommended penalty
493-12 of the executive secretary; or
493-13 (2) make a request for a hearing on the occurrence of
493-14 the violation, the amount of the penalty, or both.
493-15 (h) If the person accepts the determination and recommended
493-16 penalty or if the person fails to respond to the notice, the board
493-17 by order shall approve the determination and impose the recommended
493-18 penalty.
493-19 (i) If the person requests a hearing, the board shall refer
493-20 the matter to the State Office of Administrative Hearings, which
493-21 shall promptly set a hearing date and give written notice of the
493-22 time and place of the hearing to the person. An administrative law
493-23 judge of the State Office of Administrative Hearings shall conduct
493-24 the hearing.
493-25 (j) The administrative law judge shall make findings of fact
493-26 and conclusions of law and promptly issue to the board a proposal
493-27 for a decision about the occurrence of the violation and the amount
494-1 of a proposed penalty.
494-2 (k) Based on the findings of fact, conclusions of law, and
494-3 proposal for a decision, the board by order may determine that:
494-4 (1) a violation occurred and impose a penalty; or
494-5 (2) a violation did not occur.
494-6 (l) The notice of the board's order under Subsection (k)
494-7 that is sent to the person in accordance with Chapter 2001,
494-8 Government Code, must include a statement of the right of the
494-9 person to judicial review of the order.
494-10 Sec. 451.352. PAYMENT AND COLLECTION OF ADMINISTRATIVE
494-11 PENALTY; JUDICIAL REVIEW. (a) Within 30 days after the date an
494-12 order of the board under Section 451.351(k) that imposes an
494-13 administrative penalty becomes final, the person shall:
494-14 (1) pay the penalty; or
494-15 (2) file a petition for judicial review of the board's
494-16 order contesting the occurrence of the violation, the amount of the
494-17 penalty, or both.
494-18 (b) Within the 30-day period prescribed by Subsection (a), a
494-19 person who files a petition for judicial review may:
494-20 (1) stay enforcement of the penalty by:
494-21 (A) paying the penalty to the court for
494-22 placement in an escrow account; or
494-23 (B) giving the court a supersedeas bond approved
494-24 by the court that is:
494-25 (i) for the amount of the penalty; and
494-26 (ii) effective until all judicial review
494-27 of the board's order is final; or
495-1 (2) request the court to stay enforcement of the
495-2 penalty by:
495-3 (A) filing with the court a sworn affidavit of
495-4 the person stating that the person is financially unable to pay the
495-5 penalty and is financially unable to give the supersedeas bond; and
495-6 (B) sending a copy of the affidavit to the board
495-7 by certified mail.
495-8 (c) If the board receives a copy of an affidavit under
495-9 Subsection (b)(2), the board may file with the court, within five
495-10 days after the date the copy is received, a contest to the
495-11 affidavit. The court shall hold a hearing on the facts alleged in
495-12 the affidavit as soon as practicable and shall stay the enforcement
495-13 of the penalty on finding that the alleged facts are true. The
495-14 person who files an affidavit has the burden of proving that the
495-15 person is financially unable to pay the penalty or to give a
495-16 supersedeas bond.
495-17 (d) If the person does not pay the penalty and the
495-18 enforcement of the penalty is not stayed, the penalty may be
495-19 collected. The attorney general may sue to collect the penalty.
495-20 (e) If the court sustains the determination that a violation
495-21 occurred, the court may uphold or reduce the amount of the penalty
495-22 and order the person to pay the full or reduced amount of the
495-23 penalty.
495-24 (f) If the court does not sustain the determination that a
495-25 violation occurred, the court shall order that a penalty is not
495-26 owed.
495-27 (g) If the person paid the penalty and if the amount of the
496-1 penalty is reduced or the penalty is not upheld by the court, the
496-2 court shall order, when the court's judgment becomes final, that
496-3 the appropriate amount plus accrued interest be remitted to the
496-4 person within 30 days after the date the judgment of the court
496-5 becomes final. The interest accrues at the rate charged on loans
496-6 to depository institutions by the New York Federal Reserve Bank.
496-7 The interest shall be paid for the period beginning on the date the
496-8 penalty is paid and ending on the date the penalty is remitted.
496-9 (h) If the person gave a supersedeas bond and the penalty is
496-10 not upheld by the court, the court shall order, when the court's
496-11 judgment becomes final, the release of the bond. If the person gave
496-12 a supersedeas bond and the amount of the penalty is reduced, the
496-13 court shall order the release of the bond after the person pays the
496-14 reduced amount.
496-15 (b) Section 13.09, Chapter 1411, Acts of the 76th
496-16 Legislature, Regular Session, 1999, is repealed.
496-17 SECTION 14.209. (a) Section 453.106(c), Occupations Code,
496-18 is amended to conform to Section 5, Chapter 20, Acts of the 76th
496-19 Legislature, Regular Session, 1999, to read as follows:
496-20 (c) On March 1 of each year, the coordinator of physical
496-21 therapy programs shall transmit an official copy of the list to the
496-22 executive council [and the secretary of state for permanent
496-23 record].
496-24 (b) Section 5, Chapter 20, Acts of the 76th Legislature,
496-25 Regular Session, 1999, is repealed.
496-26 SECTION 14.2095. Section 453.201(d), Occupations Code, is
496-27 amended to more accurately reflect the law from which it was
497-1 derived to read as follows:
497-2 (d) Unless the person is a physical therapist, a [A] person,
497-3 including the person's employee or other agent or representative,
497-4 may not use in connection with the person's name or business
497-5 activity:
497-6 (1) the words "physical therapy," "physical
497-7 therapist," "physiotherapy," "physiotherapist," "licensed physical
497-8 therapist," "registered physical therapist," or "physical therapist
497-9 assistant";
497-10 (2) the letters "PT," "PhT," "LPT," "RPT," or "PTA";
497-11 or
497-12 (3) any other words, letters, abbreviations, or
497-13 insignia indicating or implying, by any means or in any way, that
497-14 physical therapy is provided or supplied.
497-15 SECTION 14.210. (a) Section 453.254, Occupations Code, is
497-16 amended to conform to Section 1, Chapter 938, Acts of the 76th
497-17 Legislature, Regular Session, 1999, by adding Subsection (d) to
497-18 read as follows:
497-19 (d) In developing a process under Subsection (a) for the
497-20 evaluation and approval of continuing education courses, the board
497-21 shall authorize license holder peer organizations to evaluate and
497-22 approve courses in accordance with the established process.
497-23 (b) Section 1, Chapter 938, Acts of the 76th Legislature,
497-24 Regular Session, 1999, is repealed.
497-25 SECTION 14.211. (a) Section 454.051(a), Occupations Code,
497-26 is amended to conform to Section 1, Chapter 548, Acts of the 76th
497-27 Legislature, Regular Session, 1999, to read as follows:
498-1 (a) The Texas Board of Occupational Therapy Examiners
498-2 consists of nine [six] members appointed by the governor with the
498-3 advice and consent of the senate as follows:
498-4 (1) four [three] occupational therapist members who
498-5 have practiced occupational therapy for at least the three years
498-6 preceding appointment to the board;
498-7 (2) two [one] occupational therapy assistant members,
498-8 each of whom [member who] has practiced as an occupational therapy
498-9 assistant for at least the three years preceding appointment to the
498-10 board; and
498-11 (3) three [two] members who represent the public and
498-12 who are not occupational therapists.
498-13 (b) Section 454.054(a), Occupations Code, is amended to
498-14 conform to Section 1, Chapter 548, Acts of the 76th Legislature,
498-15 Regular Session, 1999, to read as follows:
498-16 (a) Members of the board serve staggered six-year terms,
498-17 with the terms of two members licensed under this chapter and one
498-18 member who represents the public expiring on February 1 of each
498-19 odd-numbered year.
498-20 (c) Section 1, Chapter 548, Acts of the 76th Legislature,
498-21 Regular Session, 1999, is repealed.
498-22 SECTION 14.212. (a) Section 454.056(b), Occupations Code,
498-23 is amended to conform to Section 2, Chapter 548, Acts of the 76th
498-24 Legislature, Regular Session, 1999, to read as follows:
498-25 (b) A member may receive reimbursement for meals, lodging,
498-26 and transportation expenses as provided by the General
498-27 Appropriations Act. [A member may not receive reimbursement for any
499-1 other travel expenses, including expenses for meals and lodging.]
499-2 (b) Section 2, Chapter 548, Acts of the 76th Legislature,
499-3 Regular Session, 1999, is repealed.
499-4 SECTION 14.213. (a) Section 454.106(c), Occupations Code,
499-5 is amended to conform to Section 8, Chapter 20, Acts of the 76th
499-6 Legislature, Regular Session, 1999, to read as follows:
499-7 (c) On March 1 of each year, the coordinator of occupational
499-8 therapy programs shall transmit an official copy of the list to the
499-9 executive council [and the secretary of state for permanent
499-10 record].
499-11 (b) Section 8, Chapter 20, Acts of the 76th Legislature,
499-12 Regular Session, 1999, is repealed.
499-13 SECTION 14.214. (a) Section 454.210, Occupations Code, is
499-14 amended to conform to Section 4, Chapter 548, Acts of the 76th
499-15 Legislature, Regular Session, 1999, to read as follows:
499-16 Sec. 454.210. PROVISIONAL LICENSE. (a) On application, the
499-17 board shall issue a provisional license for the practice of
499-18 occupational therapy to an applicant who:
499-19 (1) is licensed in good standing as an occupational
499-20 therapist or occupational therapy assistant in another state that
499-21 has licensing requirements that are substantially equivalent to the
499-22 requirements of this chapter; and
499-23 (2) has passed a national examination or other
499-24 examination recognized by the board relating to the practice of
499-25 occupational therapy[; and]
499-26 [(3) is sponsored by a person licensed under this
499-27 chapter with whom the provisional license holder may practice].
500-1 (b) [The board may waive the requirement of Subsection
500-2 (a)(3) if the board determines that compliance with that
500-3 requirement constitutes a hardship to the applicant.]
500-4 [(c)] A provisional license is valid until the date the
500-5 board approves or denies the provisional license holder's
500-6 application for an occupational therapist or occupational therapy
500-7 assistant license.
500-8 (c) [(d)] The board shall issue an occupational therapist or
500-9 occupational therapy assistant license to the provisional license
500-10 holder if:
500-11 (1) the provisional license holder passes a
500-12 jurisprudence examination, if required;
500-13 (2) the board verifies that the provisional license
500-14 holder has the academic and experience requirements for an
500-15 occupational therapist or occupational therapy assistant license;
500-16 and
500-17 (3) the provisional license holder satisfies any other
500-18 requirements for an occupational therapist or occupational therapy
500-19 assistant license.
500-20 (d) [(e)] The board must complete the processing of a
500-21 provisional license holder's application for a license not later
500-22 than the 180th day after the date the provisional license is
500-23 issued. The board may extend that deadline if the results of an
500-24 examination have not been received by the board.
500-25 (b) Section 4, Chapter 548, Acts of the 76th Legislature,
500-26 Regular Session, 1999, is repealed.
500-27 SECTION 14.215. (a) Section 454.213, Occupations Code, is
501-1 amended to conform to Section 1, Chapter 1210, Acts of the 76th
501-2 Legislature, Regular Session, 1999, to read as follows:
501-3 Sec. 454.213. ACCEPTED PRACTICE; PRACTITIONER'S
501-4 [PHYSICIAN'S] REFERRAL. (a) An occupational therapist may enter a
501-5 case to:
501-6 (1) provide consultation and monitored services; or
501-7 (2) evaluate a person for the need for services.
501-8 (b) Implementation of direct occupational therapy to a
501-9 person for a specific health care [medical] condition must be based
501-10 on a referral from:
501-11 (1) a physician licensed by a state board of medical
501-12 examiners;
501-13 (2) a dentist licensed by a state board of dental
501-14 examiners;
501-15 (3) a chiropractor licensed by a state board of
501-16 chiropractic examiners;
501-17 (4) a podiatrist licensed by a state board of
501-18 podiatric medical examiners; or
501-19 (5) another qualified, licensed health care
501-20 professional who is authorized to refer for health care services
501-21 within the scope of the professional's license [to practice in this
501-22 state].
501-23 (c) The professional who takes action under this section is
501-24 a referring practitioner.
501-25 (b) Section 1, Chapter 1210, Acts of the 76th Legislature,
501-26 Regular Session, 1999, is repealed.
501-27 SECTION 14.216. (a) Subchapter G, Chapter 454, Occupations
502-1 Code, is amended to conform to Section 7, Chapter 548, Acts of the
502-2 76th Legislature, Regular Session, 1999, by adding Section 454.305
502-3 to read as follows:
502-4 Sec. 454.305. EMERGENCY SUSPENSION. (a) The board may
502-5 temporarily suspend a license issued under this chapter on an
502-6 emergency basis if the board determines that the continued practice
502-7 by the license holder constitutes a continuing or imminent threat
502-8 to the public health or welfare.
502-9 (b) A temporary suspension under this section requires a
502-10 two-thirds vote by the board.
502-11 (c) A license temporarily suspended under this section may
502-12 be suspended without notice or hearing if, at the time the
502-13 suspension is ordered, a hearing on whether to institute a
502-14 disciplinary proceeding against the license holder is scheduled to
502-15 be held not later than the 14th day after the date of the temporary
502-16 suspension. A second hearing on the suspended license must be held
502-17 not later than the 60th day after the date the temporary suspension
502-18 was ordered. If the second hearing is not held within the required
502-19 time, the suspended license is automatically reinstated.
502-20 (d) The board shall adopt rules that establish procedures
502-21 and standards for the temporary suspension of a license under this
502-22 section.
502-23 (b) Section 7, Chapter 548, Acts of the 76th Legislature,
502-24 Regular Session, 1999, is repealed.
502-25 SECTION 14.217. (a) Subchapter G, Chapter 454, Occupations
502-26 Code, is amended to conform to Section 3, Chapter 548, Acts of the
502-27 76th Legislature, Regular Session, 1999, by adding Section 454.306
503-1 to read as follows:
503-2 Sec. 454.306. SUBPOENA. (a) The board may request or
503-3 compel by subpoena:
503-4 (1) the attendance of a witness for examination under
503-5 oath; and
503-6 (2) the production for inspection and copying of
503-7 records, documents, and other evidence relevant to the
503-8 investigation of an alleged violation of this chapter.
503-9 (b) If a person fails to comply with a subpoena issued under
503-10 this section, the board, acting through the attorney general, may
503-11 bring an action to enforce the subpoena in a district court in
503-12 Travis County or in a county in which a hearing conducted by the
503-13 board may be held. If the court determines that good cause exists
503-14 for the subpoena, the court shall order compliance. The court may
503-15 punish for contempt a person who does not obey the order.
503-16 (b) Section 3, Chapter 548, Acts of the 76th Legislature,
503-17 Regular Session, 1999, is repealed.
503-18 SECTION 14.218. (a) Subchapter H, Chapter 454, Occupations
503-19 Code, is amended to conform to Section 6, Chapter 548, Acts of the
503-20 76th Legislature, Regular Session, 1999, by adding Section 454.3521
503-21 to read as follows:
503-22 Sec. 454.3521. ADMINISTRATIVE PENALTY. (a) The board may
503-23 impose an administrative penalty against a person licensed or
503-24 facility registered under this chapter who violates this chapter or
503-25 a rule or order adopted under this chapter.
503-26 (b) The penalty may not exceed $200, and each day a
503-27 violation continues or occurs is a separate violation for the
504-1 purpose of imposing a penalty. The amount of the penalty shall be
504-2 based on:
504-3 (1) the seriousness of the violation, including the
504-4 nature, circumstances, extent, and gravity of any prohibited acts,
504-5 and the hazard or potential hazard created to the health, safety,
504-6 or economic welfare of the public;
504-7 (2) the history of previous violations;
504-8 (3) the amount necessary to deter a future violation;
504-9 (4) efforts to correct the violation; and
504-10 (5) any other matter that justice requires.
504-11 (c) The person may stay enforcement during the time the
504-12 order is under judicial review if the person pays the penalty to
504-13 the court clerk or files a supersedeas bond with the court in the
504-14 amount of the penalty. A person who cannot afford to pay the
504-15 penalty or file the bond may stay enforcement by filing an
504-16 affidavit like that required by the Texas Rules of Civil Procedure
504-17 for a party who cannot afford to file security for costs, except
504-18 that the board may contest the affidavit as provided by those
504-19 rules.
504-20 (d) A proceeding to impose an administrative penalty is
504-21 subject to Chapter 2001, Government Code.
504-22 (b) Section 6, Chapter 548, Acts of the 76th Legislature,
504-23 Regular Session, 1999, is repealed.
504-24 SECTION 14.219. (a) Subchapter B, Chapter 455, Occupations
504-25 Code, is amended to conform to Section 18.03, Chapter 1411, Acts of
504-26 the 76th Legislature, Regular Session, 1999, by adding Sections
504-27 455.056 and 455.057 to read as follows:
505-1 Sec. 455.056. RULES REGARDING ADVERTISING OR COMPETITIVE
505-2 BIDDING BY REGISTRANT. (a) The board may not adopt rules
505-3 restricting advertising or competitive bidding by a person
505-4 registered under this chapter except to prohibit false, misleading,
505-5 or deceptive practices.
505-6 (b) In its rules to prohibit false, misleading, or deceptive
505-7 practices, the board may not include a rule that:
505-8 (1) restricts the use of any medium for advertising;
505-9 (2) restricts the use of a registered person's
505-10 personal appearance or voice in an advertisement;
505-11 (3) relates to the size or duration of an
505-12 advertisement by the registered person; or
505-13 (4) restricts the registered person's advertisement
505-14 under a trade name.
505-15 Sec. 455.057. CONTINUING EDUCATION. The board shall
505-16 recognize, prepare, or administer continuing education programs for
505-17 persons registered under this chapter. A registered person must
505-18 participate in the programs to the extent required by the board to
505-19 keep the person's certificate of registration.
505-20 (b) Subchapter D, Chapter 455, Occupations Code, is amended
505-21 to conform to Section 18.03, Chapter 1411, Acts of the 76th
505-22 Legislature, Regular Session, 1999, by adding Section 455.1565 to
505-23 read as follows:
505-24 Sec. 455.1565. NOTIFICATION OF EXAMINATION RESULTS. (a) Not
505-25 later than the 30th day after the date a person takes a
505-26 registration examination under this chapter, the department shall
505-27 notify the person of the results of the examination.
506-1 (b) If the examination is graded or reviewed by a testing
506-2 service:
506-3 (1) the department shall notify the person of the
506-4 results of the examination not later than the 14th day after the
506-5 date the department receives the results from the testing service;
506-6 and
506-7 (2) if notice of the examination results will be
506-8 delayed for longer than 90 days after the examination date, the
506-9 department shall notify the person of the reason for the delay
506-10 before the 90th day.
506-11 (c) The department may require a testing service to notify a
506-12 person of the results of the person's examination.
506-13 (d) If requested in writing by a person who fails a
506-14 registration examination administered under this chapter, the
506-15 department shall furnish the person with an analysis of the
506-16 person's performance on the examination.
506-17 (c) Section 18.03, Chapter 1411, Acts of the 76th
506-18 Legislature, Regular Session, 1999, is repealed.
506-19 SECTION 14.220. (a) Section 455.156(b), Occupations Code,
506-20 is amended to conform to Section 18.01, Chapter 1411, Acts of the
506-21 76th Legislature, Regular Session, 1999, to read as follows:
506-22 (b) An applicant for registration under this section must be
506-23 an individual and:
506-24 (1) present evidence satisfactory to the board that
506-25 the person:
506-26 (A) has satisfactorily completed massage therapy
506-27 studies in a 300-hour, supervised course of instruction provided by
507-1 a massage therapy instructor, a registered massage school, a
507-2 state-approved educational institution, or any combination of
507-3 instructors or schools, in which:
507-4 (i) 125 hours are dedicated to the study
507-5 of Swedish massage therapy techniques and taught by a massage
507-6 therapy instructor;
507-7 (ii) 50 hours are dedicated to the study
507-8 of anatomy;
507-9 (iii) 25 hours are dedicated to the study
507-10 of physiology;
507-11 (iv) 15 hours are dedicated to the study
507-12 of hydrotherapy;
507-13 (v) 15 hours are dedicated to the study of
507-14 business practices and professional ethics standards;
507-15 (vi) 20 hours are dedicated to the study
507-16 of health and hygiene; and
507-17 (vii) 50 hours are spent in an internship
507-18 program; or
507-19 (B) [is registered as a massage therapist in
507-20 another state or country that the department determines maintains
507-21 standards and requirements of practice and licensing or
507-22 registration that substantially conform to the standards and
507-23 requirements of this state; or]
507-24 [(C)] has practiced massage therapy as a
507-25 profession for not less than five years in another state or country
507-26 that the department determines does not maintain standards and
507-27 requirements of practice and licensing or registration that
508-1 substantially conform to the standards and requirements of this
508-2 state; and
508-3 (2) pass the practical and written portions of the
508-4 state examination.
508-5 (b) Section 18.01, Chapter 1411, Acts of the 76th
508-6 Legislature, Regular Session, 1999, is repealed.
508-7 SECTION 14.221. (a) Subchapter D, Chapter 455, Occupations
508-8 Code, is amended to conform to Section 18.02, Chapter 1411, Acts of
508-9 the 76th Legislature, Regular Session, 1999, by adding Sections
508-10 455.1571 and 455.1572 to read as follows:
508-11 Sec. 455.1571. APPLICANT REGISTERED IN ANOTHER JURISDICTION.
508-12 (a) The board may waive any prerequisite to obtaining a
508-13 certificate of registration for an applicant for registration as a
508-14 massage therapist or massage therapy instructor after reviewing the
508-15 applicant's credentials and determining that the applicant holds a
508-16 license or certificate of registration issued by another
508-17 jurisdiction that has licensing or registration requirements
508-18 substantially equivalent to those of this state.
508-19 (b) The board may waive any prerequisite to obtaining a
508-20 certificate of registration for an applicant for registration as a
508-21 massage therapist or massage therapy instructor who holds a license
508-22 or certificate of registration issued by another jurisdiction with
508-23 which this state has a reciprocity agreement. The board may make
508-24 an agreement, subject to the approval of the governor, with another
508-25 state to allow for registration by reciprocity.
508-26 Sec. 455.1572. PROVISIONAL REGISTRATION. (a) The board may
508-27 issue a provisional certificate of registration to an applicant for
509-1 registration as a massage therapist or massage therapy instructor
509-2 currently licensed or registered in another jurisdiction who seeks
509-3 a certificate of registration in this state and who:
509-4 (1) has been licensed or registered in good standing
509-5 as a massage therapist or massage therapy instructor, as
509-6 applicable, for at least two years in another jurisdiction,
509-7 including a foreign country, that has licensing or registration
509-8 requirements substantially equivalent to the requirements of this
509-9 chapter;
509-10 (2) has passed a national or other examination
509-11 recognized by the board relating to the practice of massage
509-12 therapy; and
509-13 (3) is sponsored by a person registered by the board
509-14 under this chapter with whom the provisional registrant will
509-15 practice during the time the person holds a provisional certificate
509-16 of registration.
509-17 (b) The board may waive the requirement of Subsection (a)(3)
509-18 for an applicant if the board determines that compliance with that
509-19 subsection would be a hardship to the applicant.
509-20 (c) A provisional certificate of registration is valid until
509-21 the date the board approves or denies the certificate holder's
509-22 application for registration. The board shall issue a certificate
509-23 of registration under this chapter to the provisionally registered
509-24 person if the person:
509-25 (1) is eligible for a certificate of registration
509-26 under Section 455.1571; or
509-27 (2) passes the part of the examination under Section
510-1 455.101 that relates to the applicant's knowledge and understanding
510-2 of the laws and rules relating to the practice of massage therapy
510-3 in this state and:
510-4 (A) the board verifies that the person meets the
510-5 academic and experience requirements for registration under this
510-6 chapter; and
510-7 (B) the person satisfies any other registration
510-8 requirements under this chapter.
510-9 (d) The board must approve or deny a provisionally
510-10 registered person's application for a certificate of registration
510-11 not later than the 180th day after the date the provisional
510-12 certificate of registration is issued. The board may extend the
510-13 180-day period if the results of an examination have not been
510-14 received by the board before the end of that period.
510-15 (e) The board may establish a fee for a provisional
510-16 certificate of registration in an amount reasonable and necessary
510-17 to cover the cost of issuing the certificate of registration.
510-18 (b) Section 18.02, Chapter 1411, Acts of the 76th
510-19 Legislature, Regular Session, 1999, is repealed.
510-20 SECTION 14.222. (a) Section 455.160, Occupations Code, is
510-21 amended to conform to Section 18.04, Chapter 1411, Acts of the 76th
510-22 Legislature, Regular Session, 1999, to read as follows:
510-23 Sec. 455.160. REGISTRATION RENEWAL. (a) A person
510-24 registered under this chapter must periodically renew the person's
510-25 certificate of registration. The certificate expires unless the
510-26 certificate holder submits an application for renewal accompanied
510-27 by the renewal fee prescribed by the department or by the late fee
511-1 prescribed by this section.
511-2 (b) The department shall adopt a system under which
511-3 certificates of registration expire on various dates during the
511-4 year. Fees must be prorated so that a registered person pays only
511-5 for that part of the renewal period for which the registration is
511-6 issued until the expiration date of the registration.
511-7 (c) A person who is otherwise eligible to renew a
511-8 certificate of registration may renew an unexpired registration by
511-9 paying the required renewal fee to the department before the
511-10 expiration date of the registration. A person whose registration
511-11 has expired may not engage in activities that require registration
511-12 until the registration has been renewed.
511-13 (d) A person whose registration has been expired for 90
511-14 days or less may renew the registration by paying to the
511-15 department a renewal fee that is equal to 1-1/2 times the normally
511-16 required renewal fee.
511-17 (e) A person whose registration has been expired for more
511-18 than 90 days but less than one year may renew the registration by
511-19 paying to the department a renewal fee that is equal to two times
511-20 the normally required renewal fee.
511-21 (f) A person whose registration has been expired for one
511-22 year or more may not renew the registration. The person may
511-23 register by complying with the requirements and procedures,
511-24 including the examination requirements, for originally registering.
511-25 (g) Not later than the 30th day before the date a person's
511-26 registration is scheduled to expire, the department shall send
511-27 written notice of the impending expiration to the person at the
512-1 person's last known address according to the records of the
512-2 department. [A person registered under this chapter who fails to
512-3 renew a certificate of registration by the expiration date may
512-4 renew the certificate not later than the first anniversary of the
512-5 expiration date by meeting the requirements of this section and
512-6 paying a late renewal fee.]
512-7 [(d) The registration of a person who fails to meet the
512-8 requirements of this section is void. To be registered under this
512-9 chapter, the person must submit a new application, pay the
512-10 appropriate fees, and meet the current requirements for
512-11 registration.]
512-12 (b) Subchapter D, Chapter 455, Occupations Code, is amended
512-13 to conform to Section 18.04, Chapter 1411, Acts of the 76th
512-14 Legislature, Regular Session, 1999, by adding Section 455.161 to
512-15 read as follows:
512-16 Sec. 455.161. RENEWAL OF EXPIRED REGISTRATION OF
512-17 OUT-OF-STATE PRACTITIONER. (a) A person who was registered in
512-18 this state, moved to another state, and is currently registered or
512-19 licensed and has been in practice in the other state for the two
512-20 years preceding the date of application may register without
512-21 reexamination.
512-22 (b) The person must pay to the department a fee that is
512-23 equal to two times the normally required renewal fee for
512-24 registration.
512-25 (c) Section 455.251(a), Occupations Code, is amended to
512-26 conform to Section 18.04, Chapter 1411, Acts of the 76th
512-27 Legislature, Regular Session, 1999, to read as follows:
513-1 (a) The board [department] may refuse to issue a certificate
513-2 of registration to a person and shall[,] suspend, [or] revoke, or
513-3 refuse to renew the certificate of registration of a person[,] or
513-4 shall reprimand [place] a person registered under this chapter [on
513-5 probation] if the person:
513-6 (1) obtains a certificate of registration by fraud,
513-7 misrepresentation, or concealment of material facts;
513-8 (2) sells, barters, or offers to sell or barter a
513-9 certificate of registration;
513-10 (3) violates a rule adopted by the board;
513-11 (4) engages in unprofessional conduct as defined by
513-12 board rule that endangers or is likely to endanger the health,
513-13 welfare, or safety of the public;
513-14 (5) violates an order or ordinance adopted by a
513-15 political subdivision under Chapter 243, Local Government Code; or
513-16 (6) violates this chapter.
513-17 (d) Section 455.252(a), Occupations Code, is amended to
513-18 conform to Section 18.04, Chapter 1411, Acts of the 76th
513-19 Legislature, Regular Session, 1999, to read as follows:
513-20 (a) A person whose application for a certificate of
513-21 registration is denied, [or] whose certificate of registration is
513-22 suspended or revoked, or who has been reprimanded is entitled to a
513-23 hearing before the department if the person submits a written
513-24 request to the department.
513-25 (e) Subchapter F, Chapter 455, Occupations Code, is amended
513-26 to conform to Section 18.04, Chapter 1411, Acts of the 76th
513-27 Legislature, Regular Session, 1999, by adding Section 455.253 to
514-1 read as follows:
514-2 Sec. 455.253. PROBATION. The board may place on probation a
514-3 person, including a massage school, massage therapy instructor, or
514-4 massage establishment, whose certificate of registration is
514-5 suspended. If a registration suspension is probated, the board may
514-6 require the person to:
514-7 (1) report regularly to the department on matters that
514-8 are the basis of the probation;
514-9 (2) limit practice to the areas prescribed by the
514-10 board; or
514-11 (3) continue or review professional education until
514-12 the person attains a degree of skill satisfactory to the board in
514-13 those areas that are the basis of the probation.
514-14 (f) Section 18.04, Chapter 1411, Acts of the 76th
514-15 Legislature, Regular Session, 1999, is repealed.
514-16 PART 10. CHANGES RELATING TO SUBTITLE I,
514-17 TITLE 3, OCCUPATIONS CODE
514-18 SECTION 14.251. (a) Section 501.154(c), Occupations Code, is
514-19 amended to conform to Section 4, Chapter 20, Acts of the 76th
514-20 Legislature, Regular Session, 1999, to read as follows:
514-21 (c) The board shall:
514-22 (1) mail a copy of the list to each person licensed
514-23 under this chapter; and
514-24 (2) [file a copy with the secretary of state; and]
514-25 [(3)] furnish copies to the public on request.
514-26 (b) Section 4, Chapter 20, Acts of the 76th Legislature,
514-27 Regular Session, 1999, is repealed.
515-1 SECTION 14.2515. The heading for Section 501.462, Occupations
515-2 Code, is amended to more accurately reflect the law from which it
515-3 was derived to read as follows:
515-4 Sec. 501.462. DEPOSIT [COLLECTION] OF PENALTY.
515-5 SECTION 14.252. (a) Section 502.002, Occupations Code, is
515-6 amended to conform to Section 1, Chapter 51, Acts of the 76th
515-7 Legislature, Regular Session, 1999, by amending Subdivision (5) and
515-8 adding Subdivision (6) to read as follows:
515-9 (5) "Licensed marriage and family therapist associate"
515-10 means an individual who offers to provide marriage and family
515-11 therapy for compensation under the supervision of a board-approved
515-12 supervisor.
515-13 (6) "Marriage and family therapy" means providing
515-14 professional therapy services to individuals, families, or married
515-15 couples, alone or in groups, that involve applying family systems
515-16 theories and techniques. The term includes the evaluation and
515-17 remediation of cognitive, affective, behavioral, or relational
515-18 dysfunction in the context of marriage or family systems.
515-19 (b) Section 1, Chapter 51, Acts of the 76th Legislature,
515-20 Regular Session, 1999, is repealed.
515-21 SECTION 14.253. (a) Subchapter E, Chapter 502, Occupations
515-22 Code, is amended to conform to Section 3, Chapter 1444, Acts of the
515-23 76th Legislature, Regular Session, 1999, by adding Section 502.2045
515-24 to read as follows:
515-25 Sec. 502.2045. SUBPOENAS. (a) In an investigation of a
515-26 complaint filed with the board, the board may request that the
515-27 commissioner or the commissioner's designee approve the issuance of
516-1 a subpoena. If the request is approved, the board may issue a
516-2 subpoena to compel the attendance of a relevant witness or the
516-3 production, for inspection or copying, of relevant evidence that is
516-4 in this state.
516-5 (b) A subpoena may be served personally or by certified
516-6 mail.
516-7 (c) If a person fails to comply with a subpoena, the board,
516-8 acting through the attorney general, may file suit to enforce the
516-9 subpoena in a district court in Travis County or in the county in
516-10 which a hearing conducted by the board may be held.
516-11 (d) On finding that good cause exists for issuing the
516-12 subpoena, the court shall order the person to comply with the
516-13 subpoena. The court may punish a person who fails to obey the
516-14 court order.
516-15 (e) The board may delegate the authority granted under
516-16 Subsection (a) to the executive director of the board.
516-17 (f) The board shall pay a reasonable fee for photocopies
516-18 subpoenaed under this section in an amount not to exceed the amount
516-19 the board may charge for copies of its records.
516-20 (g) The reimbursement of the expenses of a witness whose
516-21 attendance is compelled under this section is governed by Section
516-22 2001.103, Government Code.
516-23 (h) All information and materials subpoenaed or compiled by
516-24 the board in connection with a complaint and investigation are
516-25 confidential and not subject to disclosure under Chapter 552,
516-26 Government Code, and not subject to disclosure, discovery,
516-27 subpoena, or other means of legal compulsion for their release to
517-1 anyone other than the board or its employees or agents involved in
517-2 discipline of the holder of a license, except that this information
517-3 may be disclosed to:
517-4 (1) persons involved with the board in a disciplinary
517-5 action against the holder of a license;
517-6 (2) marriage and family therapist licensing or
517-7 disciplinary boards in other jurisdictions;
517-8 (3) peer assistance programs approved by the board
517-9 under Chapter 467, Health and Safety Code;
517-10 (4) law enforcement agencies; and
517-11 (5) persons engaged in bona fide research, if all
517-12 individual-identifying information has been deleted.
517-13 (i) The filing of formal charges by the board against a
517-14 holder of a license, the nature of those charges, disciplinary
517-15 proceedings of the board, and final disciplinary actions, including
517-16 warnings and reprimands, by the board are not confidential and are
517-17 subject to disclosure in accordance with Chapter 552, Government
517-18 Code.
517-19 (b) Section 3, Chapter 1444, Acts of the 76th Legislature,
517-20 Regular Session, 1999, is repealed.
517-21 SECTION 14.254. (a) Section 502.251(b), Occupations Code, is
517-22 amended to conform to Section 2, Chapter 51, Acts of the 76th
517-23 Legislature, Regular Session, 1999, to read as follows:
517-24 (b) A person may not use the title "licensed marriage and
517-25 family therapist" or "licensed marriage and family therapist
517-26 associate," as appropriate, unless the person is licensed under
517-27 this chapter.
518-1 (b) Section 2, Chapter 51, Acts of the 76th Legislature,
518-2 Regular Session, 1999, is repealed.
518-3 SECTION 14.255. (a) Sections 502.252, 502.253, and 502.254,
518-4 Occupations Code, are amended to conform to Sections 3, 4, and 5,
518-5 Chapter 51, Acts of the 76th Legislature, Regular Session, 1999, to
518-6 read as follows:
518-7 Sec. 502.252. LICENSE APPLICATION. (a) An applicant for a
518-8 license must:
518-9 (1) file a written application with the board on a
518-10 form prescribed by the board; and
518-11 (2) pay the appropriate application fee.
518-12 (b) To qualify for a license as a licensed marriage and
518-13 family therapist associate, a person must:
518-14 (1) be at least 18 years of age;
518-15 (2) have completed a graduate internship in marriage
518-16 and family therapy, or an equivalent internship, as approved by the
518-17 board;
518-18 (3) pass an examination determined by the board;
518-19 (4) hold a master's or doctoral [doctorate] degree in
518-20 marriage and family therapy or in a related mental health field
518-21 with coursework and training determined by the board to be
518-22 substantially equivalent to a graduate degree in marriage and
518-23 family therapy from a regionally accredited institution of higher
518-24 education or an institution of higher education approved by the
518-25 board;
518-26 (5) [(3) have completed two years of experience in
518-27 marriage and family therapy services that is:]
519-1 [(A) attained after the person receives a degree
519-2 that meets the requirements of Subdivision (2); and]
519-3 [(B) supervised in a manner acceptable to the
519-4 board;]
519-5 [(4)] be of good moral character;
519-6 (6) [(5)] have not been convicted of a felony or a
519-7 crime involving moral turpitude;
519-8 (7) [(6)] not use drugs or alcohol to an extent that
519-9 affects the applicant's professional competency;
519-10 (8) [(7)] not have had a license or certification
519-11 revoked by a licensing agency or by a certifying professional
519-12 organization; and
519-13 (9) [(8)] not have engaged in fraud or deceit in
519-14 applying for a license under this chapter.
519-15 (c) An applicant is eligible to apply for a license as a
519-16 licensed marriage and family therapist if the person:
519-17 (1) meets the requirements of Subsection (b);
519-18 (2) after receipt of a degree described by Subsection
519-19 (b)(4), has completed two years of work experience in marriage and
519-20 family therapist services that includes at least 3,000 hours of
519-21 clinical practice of which:
519-22 (A) at least 1,500 hours consist of direct
519-23 clinical services; and
519-24 (B) at least 750 hours consist of direct
519-25 clinical services to couples or families; and
519-26 (3) has completed, in a manner acceptable to the
519-27 board, [The work experience required by Subsection (b)(3) must
520-1 include at least 1,000 hours of direct clinical services to
520-2 individuals, couples, or families, including:]
520-3 [(1) at least 500 hours of direct clinical services to
520-4 couples or families; and]
520-5 [(2)] at least 200 hours of supervised provision of
520-6 direct clinical services by the applicant, 100 hours of which must
520-7 be supervised on an individual basis.
520-8 Sec. 502.253. APPLICATION REVIEW; ELIGIBILITY [DETERMINATION
520-9 WHETHER] EXAMINATION [REQUIRED]. (a) [Each applicant for a license
520-10 under this chapter must pass an examination prescribed by the board
520-11 unless the applicant is exempted from the examination requirement:]
520-12 [(1) under this chapter; or]
520-13 [(2) by a determination of the board based on the
520-14 applicant's education and professional experience.]
520-15 [(b)] The board shall investigate each application and any
520-16 other information submitted by the applicant.
520-17 (b) [(c)] Not later than the 90th day after the date the
520-18 board receives the completed application from a person seeking a
520-19 license as a licensed marriage and family therapist associate
520-20 [without examination], the board shall notify the applicant whether
520-21 the application has been accepted or [that:]
520-22 [(1) the applicant may be licensed without
520-23 examination;]
520-24 [(2) the applicant must take an examination to be
520-25 licensed; or]
520-26 [(3) the application is] rejected.
520-27 (c) An applicant for a license as a licensed marriage and
521-1 family therapist associate is eligible to take the examination if
521-2 the applicant:
521-3 (1) is enrolled in a graduate internship described by
521-4 Section 502.252(b)(2) and provides proof to the board that the
521-5 applicant is a student in good standing in an educational program
521-6 described by Section 502.252(b)(4); or
521-7 (2) has completed the internship described by
521-8 Subdivision (1).
521-9 (d) [If an applicant under Subsection (c) is required to
521-10 take an examination, the notice required under Subsection (c) must
521-11 state:]
521-12 [(1) the reason for requiring the examination;]
521-13 [(2) the time and manner of conducting the
521-14 examination; and]
521-15 [(3) the acts required of the applicant in connection
521-16 with the examination.]
521-17 [(e) Not later than the 30th day before the date of a
521-18 scheduled examination, the board shall notify an applicant seeking
521-19 a license by examination whether the application has been accepted
521-20 or rejected.] A notice that an application is rejected must state
521-21 the reason for the rejection.
521-22 Sec. 502.254. EXAMINATION. (a) Each applicant for a license
521-23 under this chapter must pass an examination described by Section
521-24 502.252(b)(3).
521-25 (b) An applicant for a license as a licensed marriage and
521-26 family therapist associate under Section 502.252(b) [To take the
521-27 examination, an applicant] must:
522-1 (1) file an application on a form prescribed by the
522-2 board not later than the 90th day before the date of the
522-3 examination; and
522-4 (2) pay the examination fee set by the Texas Board of
522-5 Health.
522-6 (c) [(b)] The examination consists of:
522-7 (1) a written examination;
522-8 (2) an oral examination;
522-9 (3) a field examination that:
522-10 (A) uses questionnaires answered by persons who
522-11 are competent in the judgment of the board to assess the
522-12 applicant's professional ability, including the applicant's
522-13 instructors, employers, or supervisors; and
522-14 (B) may include written case studies and taped
522-15 interviews; or
522-16 (4) any combination of those examinations.
522-17 (d) [(c)] The board shall have any written portion of an
522-18 examination validated by an independent testing professional.
522-19 (b) Sections 3, 4, and 5, Chapter 51, Acts of the 76th
522-20 Legislature, Regular Session, 1999, are repealed.
522-21 SECTION 14.256. (a) Subchapter F, Chapter 502, Occupations
522-22 Code, is amended to conform to Section 7, Chapter 51, Acts of the
522-23 76th Legislature, Regular Session, 1999, by adding Section 502.2545
522-24 to read as follows:
522-25 Sec. 502.2545. WAIVER OF EXAMINATION FOR CERTAIN APPLICANTS.
522-26 (a) The board may waive the requirement that an applicant for a
522-27 license as a licensed marriage and family therapist pass the
523-1 examination required by Section 502.254 if the applicant:
523-2 (1) is a provisional license holder under Section
523-3 502.259 and the board determines that the applicant possesses
523-4 sufficient education and professional experience to receive a
523-5 license without further examination; or
523-6 (2) holds a license issued by another licensing agency
523-7 in a profession related to the practice of marriage and family
523-8 therapy and the board determines that the applicant possesses
523-9 sufficient education and professional experience to receive a
523-10 license without satisfying the examination requirements of this
523-11 chapter.
523-12 (b) The board may adopt rules necessary to administer this
523-13 section, including rules under Subsection (a)(2) prescribing the
523-14 professions that are related to the practice of marriage and family
523-15 therapy.
523-16 (b) Section 7, Chapter 51, Acts of the 76th Legislature,
523-17 Regular Session, 1999, is repealed.
523-18 SECTION 14.257. (a) Section 502.257, Occupations Code, is
523-19 amended to conform to Section 6, Chapter 51, Acts of the 76th
523-20 Legislature, Regular Session, 1999, to read as follows:
523-21 Sec. 502.257. ISSUANCE OF LICENSE. The board shall issue a
523-22 license as a licensed marriage and family therapist associate or
523-23 licensed marriage and family therapist, as appropriate, to an
523-24 applicant who:
523-25 (1) complies with the requirements of this chapter;
523-26 (2) passes the licensing examination, unless the board
523-27 exempts the person from the examination requirement; and
524-1 (3) pays the required fees.
524-2 (b) Section 6, Chapter 51, Acts of the 76th Legislature,
524-3 Regular Session, 1999, is repealed.
524-4 SECTION 14.258. (a) Subchapter B, Chapter 503, Occupations
524-5 Code, is amended to conform to Section 1, Chapter 123, Acts of the
524-6 76th Legislature, Regular Session, 1999, by adding Section 503.060
524-7 to read as follows:
524-8 Sec. 503.060. MUSICAL THERAPY SERVICES. This chapter does
524-9 not apply to an activity, service, title, or description of a
524-10 person who:
524-11 (1) is certified by the Certification Board for Music
524-12 Therapists or listed with the National Music Therapy Registry;
524-13 (2) performs a music therapy service consistent with:
524-14 (A) state law;
524-15 (B) the person's training; and
524-16 (C) the code of ethics of the person's
524-17 profession; and
524-18 (3) does not engage in the use of psychotherapy or use
524-19 the title of licensed counselor or represent that the person is a
524-20 licensed counselor.
524-21 (b) Section 1, Chapter 123, Acts of the 76th Legislature,
524-22 Regular Session, 1999, is repealed.
524-23 SECTION 14.259. The heading for Subchapter D, Chapter 503,
524-24 Occupations Code, is amended to conform to Chapter 717, Acts of the
524-25 76th Legislature, Regular Session, 1999, to read as follows:
524-26 SUBCHAPTER D. EXECUTIVE DIRECTOR [SECRETARY] AND OTHER
524-27 BOARD PERSONNEL
525-1 SECTION 14.260. (a) Section 503.107(c), Occupations Code, is
525-2 amended to conform to Section 1, Chapter 717, Acts of the 76th
525-3 Legislature, Regular Session, 1999, to read as follows:
525-4 (c) If the executive director [secretary] has knowledge that
525-5 a potential ground for removal of a board member exists, the
525-6 executive director [secretary] shall notify the governor and the
525-7 attorney general that a potential ground for removal exists.
525-8 (b) Section 1, Chapter 717, Acts of the 76th Legislature,
525-9 Regular Session, 1999, is repealed.
525-10 SECTION 14.261. (a) Section 503.151, Occupations Code, is
525-11 amended to conform to Section 2, Chapter 717, Acts of the 76th
525-12 Legislature, Regular Session, 1999, to read as follows:
525-13 Sec. 503.151. EXECUTIVE DIRECTOR [SECRETARY]. The
525-14 commissioner of public health, with the advice and consent of the
525-15 board, shall appoint an executive director [secretary] for the
525-16 board. The executive director [secretary] must be an employee of
525-17 the department.
525-18 (b) Section 503.152, Occupations Code, is amended to conform
525-19 to Section 2, Chapter 717, Acts of the 76th Legislature, Regular
525-20 Session, 1999, to read as follows:
525-21 Sec. 503.152. POWERS AND DUTIES OF EXECUTIVE DIRECTOR
525-22 [SECRETARY]. (a) The executive director [secretary] serves as the
525-23 administrator of professional counselor licensing activities for
525-24 the board. The executive director [secretary] shall:
525-25 (1) keep full and accurate minutes of the board's
525-26 transactions and proceedings;
525-27 (2) serve as custodian of the board's files and
526-1 records;
526-2 (3) prepare and recommend to the board plans and
526-3 procedures necessary to implement the purposes and objectives of
526-4 this chapter, including rules and proposals on administrative
526-5 procedures;
526-6 (4) exercise general supervision over persons employed
526-7 by the department in the administration of this chapter;
526-8 (5) investigate complaints and present formal
526-9 complaints;
526-10 (6) attend all board meetings;
526-11 (7) handle or arrange for the handling of the board's
526-12 correspondence;
526-13 (8) conduct or arrange for necessary inspections and
526-14 investigations;
526-15 (9) obtain, assemble, or prepare reports and
526-16 information as directed or authorized by the board; and
526-17 (10) perform other duties prescribed by this chapter
526-18 and by the department.
526-19 (b) The executive director [secretary] is not entitled to
526-20 vote at board meetings.
526-21 (c) Section 2, Chapter 717, Acts of the 76th Legislature,
526-22 Regular Session, 1999, is repealed.
526-23 SECTION 14.262. (a) Section 503.255(c), Occupations Code, is
526-24 amended to conform to Section 5, Chapter 717, Acts of the 76th
526-25 Legislature, Regular Session, 1999, to read as follows:
526-26 (c) The executive director [secretary] shall notify the
526-27 board of a complaint that is not resolved within the time
527-1 prescribed by the board for resolving the complaint.
527-2 (b) Section 5, Chapter 717, Acts of the 76th Legislature,
527-3 Regular Session, 1999, is repealed.
527-4 SECTION 14.263. (a) Section 503.302(a), Occupations Code, is
527-5 amended to conform to Section 3, Chapter 717, Acts of the 76th
527-6 Legislature, Regular Session, 1999, to read as follows:
527-7 (a) A person qualifies for a license under this chapter if
527-8 the person:
527-9 (1) is at least 18 years old;
527-10 (2) has a master's or doctoral [doctorate] degree in
527-11 counseling or a related field;
527-12 (3) has successfully completed a graduate degree at a
527-13 regionally accredited institution of higher education and a planned
527-14 graduate program of 48 graduate semester hours [or the substantial
527-15 equivalent], including 300 clock hours of supervised practicum
527-16 that:
527-17 (A) is primarily counseling in nature; and
527-18 (B) meets the specific academic course content
527-19 and training standards established by the board;
527-20 (4) has completed 36 months or 3,000 hours of
527-21 supervised experience working in a counseling setting that meets
527-22 the requirements established by the board after the completion of
527-23 the graduate program described by Subdivision (3);
527-24 (5) except as provided by Subsection (b), passes the
527-25 license examination required by this chapter;
527-26 (6) submits an application as required by the board,
527-27 accompanied by the required application fee; and
528-1 (7) meets any other requirement prescribed by the
528-2 board.
528-3 (b) Section 3, Chapter 717, Acts of the 76th Legislature,
528-4 Regular Session, 1999, is repealed.
528-5 SECTION 14.264. (a) Section 503.352, Occupations Code, is
528-6 amended to conform to Section 4, Chapter 717, Acts of the 76th
528-7 Legislature, Regular Session, 1999, to read as follows:
528-8 Sec. 503.352. LICENSE EXPIRATION DATE. [(a)] The board
528-9 shall adopt a system under which licenses expire on various dates
528-10 during the year.
528-11 [(b) For the year in which an initial license is issued, the
528-12 license fee shall be prorated on a monthly basis so that each
528-13 license holder pays only that portion of the fee that is applicable
528-14 to the number of months during which the license is valid.] On
528-15 renewal of the license on the [new] expiration date, the total
528-16 license renewal fee is payable.
528-17 (b) Section 4, Chapter 717, Acts of the 76th Legislature,
528-18 Regular Session, 1999, is repealed.
528-19 SECTION 14.265. (a) Subchapter F, Chapter 503, Occupations
528-20 Code, is amended to conform to Section 5, Chapter 1444, Acts of the
528-21 76th Legislature, Regular Session, 1999, by adding Section 503.2545
528-22 to read as follows:
528-23 Sec. 503.2545. SUBPOENAS. (a) In an investigation of a
528-24 complaint filed with the board, the board may request that the
528-25 commissioner of public health or the commissioner's designee
528-26 approve the issuance of a subpoena. If the request is approved,
528-27 the board may issue a subpoena to compel the attendance of a
529-1 relevant witness or the production, for inspection or copying, of
529-2 relevant evidence that is in this state.
529-3 (b) A subpoena may be served personally or by certified
529-4 mail.
529-5 (c) If a person fails to comply with a subpoena, the board,
529-6 acting through the attorney general, may file suit to enforce the
529-7 subpoena in a district court in Travis County or in the county in
529-8 which a hearing conducted by the board may be held.
529-9 (d) On finding that good cause exists for issuing the
529-10 subpoena, the court shall order the person to comply with the
529-11 subpoena. The court may punish a person who fails to obey the
529-12 court order.
529-13 (e) The board may delegate the authority granted under
529-14 Subsection (a) to the executive director.
529-15 (f) The board shall pay a reasonable fee for photocopies
529-16 subpoenaed under this section in an amount not to exceed the amount
529-17 the board may charge for copies of its records.
529-18 (g) The reimbursement of the expenses of a witness whose
529-19 attendance is compelled under this section is governed by Section
529-20 2001.103, Government Code.
529-21 (h) All information and materials subpoenaed or compiled by
529-22 the board in connection with a complaint and investigation are
529-23 confidential and not subject to disclosure under Chapter 552,
529-24 Government Code, and not subject to disclosure, discovery,
529-25 subpoena, or other means of legal compulsion for their release to
529-26 anyone other than the board or its employees or agents involved in
529-27 discipline of the holder of a license, except that this information
530-1 may be disclosed to:
530-2 (1) persons involved with the board in a disciplinary
530-3 action against the holder of a license;
530-4 (2) professional counselor licensing or disciplinary
530-5 boards in other jurisdictions;
530-6 (3) peer assistance programs approved by the board
530-7 under Chapter 467, Health and Safety Code;
530-8 (4) law enforcement agencies; and
530-9 (5) persons engaged in bona fide research, if all
530-10 individual-identifying information has been deleted.
530-11 (i) The filing of formal charges by the board against a
530-12 holder of a license, the nature of those charges, disciplinary
530-13 proceedings of the board, and final disciplinary actions, including
530-14 warnings and reprimands, by the board are not confidential and are
530-15 subject to disclosure in accordance with Chapter 552, Government
530-16 Code.
530-17 (b) Section 5, Chapter 1444, Acts of the 76th Legislature,
530-18 Regular Session, 1999, is repealed.
530-19 SECTION 14.266. (a) Section 504.205, Occupations Code, is
530-20 amended to conform to Section 1, Chapter 252, Acts of the 76th
530-21 Legislature, Regular Session, 1999, by amending Subsection (b) and
530-22 adding Subsections (c) and (d) to read as follows:
530-23 (b) As a prerequisite for renewal of a license issued under
530-24 this chapter, a [the] license holder, other than a license holder
530-25 subject to Subsection (c), must participate in the continuing
530-26 education program and complete at least 60 hours of continuing
530-27 education in each two-year licensing period.
531-1 (c) A license holder must complete at least 24 hours of
531-2 continuing education in each two-year licensing period as a
531-3 requirement for renewal of the license if the license holder is
531-4 also licensed as:
531-5 (1) a licensed master social worker under Chapter 505;
531-6 (2) a licensed marriage and family therapist under
531-7 Chapter 502;
531-8 (3) a licensed professional counselor under Chapter
531-9 503;
531-10 (4) a physician practicing medicine under Subtitle B;
531-11 or
531-12 (5) a psychologist under Chapter 501.
531-13 (d) Except for the number of hours required, the commission
531-14 may not adopt a rule under Subsection (a) that distinguishes
531-15 between the continuing education requirements for a license holder
531-16 subject to Subsection (b) and a license holder subject to
531-17 Subsection (c).
531-18 (b) Section 1, Chapter 252, Acts of the 76th Legislature,
531-19 Regular Session, 1999, is repealed.
531-20 SECTION 14.267. (a) Section 505.205(b), Occupations Code, is
531-21 amended to conform to Section 1, Chapter 20, Acts of the 76th
531-22 Legislature, Regular Session, 1999, to read as follows:
531-23 (b) The board shall[:]
531-24 [(1)] mail a copy of the roster to each license
531-25 holder[; and]
531-26 [(2) file a copy of the roster with the secretary of
531-27 state].
532-1 (b) Section 1, Chapter 20, Acts of the 76th Legislature,
532-2 Regular Session, 1999, is repealed.
532-3 SECTION 14.268. (a) Subchapter E, Chapter 505, Occupations
532-4 Code, is amended to conform to Section 1, Chapter 1444, Acts of the
532-5 76th Legislature, Regular Session, 1999, by adding Section 505.2545
532-6 to read as follows:
532-7 Sec. 505.2545. SUBPOENAS. (a) In an investigation of a
532-8 complaint filed with the department and referred to the board, the
532-9 board may request that the commissioner of public health or the
532-10 commissioner's designee approve the issuance of a subpoena. If the
532-11 request is approved, the board may issue a subpoena to compel the
532-12 attendance of a relevant witness or the production, for inspection
532-13 or copying, of relevant evidence that is in this state.
532-14 (b) A subpoena may be served personally or by certified
532-15 mail.
532-16 (c) If a person fails to comply with a subpoena, the board,
532-17 acting through the attorney general, may file suit to enforce the
532-18 subpoena in a district court in Travis County or in the county in
532-19 which a hearing conducted by the board may be held.
532-20 (d) On finding that good cause exists for issuing the
532-21 subpoena, the court shall order the person to comply with the
532-22 subpoena. The court may punish a person who fails to obey the
532-23 court order.
532-24 (e) The board may delegate the authority granted under
532-25 Subsection (a) to the executive director or the
532-26 secretary-treasurer of the board.
532-27 (f) The board shall pay a reasonable fee for photocopies
533-1 subpoenaed under this section in an amount not to exceed the amount
533-2 the board may charge for copies of its records.
533-3 (g) The reimbursement of the expenses of a witness whose
533-4 attendance is compelled under this section is governed by Section
533-5 2001.103, Government Code.
533-6 (h) All information and materials subpoenaed or compiled by
533-7 the board in connection with a complaint and investigation are
533-8 confidential and not subject to disclosure under Chapter 552,
533-9 Government Code, and not subject to disclosure, discovery,
533-10 subpoena, or other means of legal compulsion for their release to
533-11 anyone other than the board or its employees or agents involved in
533-12 discipline of the holder of a license or order of recognition,
533-13 except that this information may be disclosed to:
533-14 (1) persons involved with the board in a disciplinary
533-15 action against the holder of a license or order of recognition;
533-16 (2) professional social work licensing or disciplinary
533-17 boards in other jurisdictions;
533-18 (3) peer assistance programs approved by the board
533-19 under Chapter 467, Health and Safety Code;
533-20 (4) law enforcement agencies; and
533-21 (5) persons engaged in bona fide research, if all
533-22 individual-identifying information has been deleted.
533-23 (i) The filing of formal charges against a holder of a
533-24 license or order of recognition, the nature of those charges,
533-25 disciplinary proceedings of the board, and final disciplinary
533-26 actions, including warnings and reprimands, by the board are not
533-27 confidential and are subject to disclosure in accordance with
534-1 Chapter 552, Government Code.
534-2 (b) Section 1, Chapter 1444, Acts of the 76th Legislature,
534-3 Regular Session, 1999, is repealed.
534-4 SECTION 14.269. (a) Section 505.353(b), Occupations Code, is
534-5 amended to conform to Section 1, Chapter 1587, Acts of the 76th
534-6 Legislature, Regular Session, 1999, to read as follows:
534-7 (b) An applicant may take the licensing examination
534-8 conducted by the board under Section 505.354 for:
534-9 (1) a master social worker license if the applicant
534-10 possesses a doctoral or master's degree in social work from a
534-11 graduate program accredited by the Council on Social Work
534-12 Education;
534-13 (2) a social worker license if the applicant possesses
534-14 a baccalaureate degree in social work from an educational program
534-15 accredited by the Council on Social Work Education; or
534-16 (3) a social work associate license if the applicant:
534-17 (A) possesses a baccalaureate degree in the
534-18 behavioral or social sciences or a related field other than social
534-19 work from an accredited educational institution [or an associate of
534-20 arts degree in the behavioral sciences as determined by the board
534-21 from an accredited educational institution]; and
534-22 (B) satisfactorily completes a reasonable
534-23 specified number of years of actual and active social work
534-24 experience approved by the board.
534-25 (b) Section 1, Chapter 1587, Acts of the 76th Legislature,
534-26 Regular Session, 1999, is repealed.
534-27 SECTION 14.270. (a) Section 505.402(d), Occupations Code, is
535-1 amended to conform to Section 3, Chapter 1587, Acts of the 76th
535-2 Legislature, Regular Session, 1999, to read as follows:
535-3 (d) Except as provided by Section 505.403, a person whose
535-4 license or order of recognition of specialty has been expired for
535-5 one year or more may not renew the license or order. The person
535-6 may obtain a new license or order by submitting to reexamination[,
535-7 if an examination was originally required for the license or order,
535-8 and complying with the requirements and procedures for obtaining
535-9 the original license or order].
535-10 (b) Section 3, Chapter 1587, Acts of the 76th Legislature,
535-11 Regular Session, 1999, is repealed.
535-12 SECTION 14.271. (a) Chapter 505, Occupations Code, is
535-13 amended to conform to Section 6, Chapter 1587, Acts of the 76th
535-14 Legislature, Regular Session, 1999, by adding Subchapter K to read
535-15 as follows:
535-16 SUBCHAPTER K. ADMINISTRATIVE PENALTY
535-17 Sec. 505.551. IMPOSITION OF ADMINISTRATIVE PENALTY. The
535-18 board may impose an administrative penalty on a person licensed
535-19 under this chapter who violates this chapter or a rule or order
535-20 adopted under this chapter.
535-21 Sec. 505.552. AMOUNT OF ADMINISTRATIVE PENALTY. (a) The
535-22 amount of the administrative penalty may not be less than $50 or
535-23 more than $500 for each violation. Each day a violation continues
535-24 or occurs is a separate violation for the purpose of imposing a
535-25 penalty.
535-26 (b) The amount shall be based on:
535-27 (1) the seriousness of the violation, including the
536-1 nature, circumstances, extent, and gravity of the violation;
536-2 (2) the economic harm caused by the violation;
536-3 (3) the history of previous violations;
536-4 (4) the amount necessary to deter a future violation;
536-5 (5) efforts to correct the violation; and
536-6 (6) any other matter that justice may require.
536-7 Sec. 505.553. REPORT AND NOTICE OF VIOLATION AND PENALTY.
536-8 (a) If the executive director determines that a violation
536-9 occurred, the director may issue to the board a report stating:
536-10 (1) the facts on which the determination is based; and
536-11 (2) the director's recommendation on the imposition of
536-12 an administrative penalty, including a recommendation on the amount
536-13 of the penalty.
536-14 (b) Within 14 days after the date the report is issued, the
536-15 executive director shall give written notice of the report to the
536-16 person. The notice must:
536-17 (1) include a brief summary of the alleged violation;
536-18 (2) state the amount of the recommended administrative
536-19 penalty; and
536-20 (3) inform the person of the person's right to a
536-21 hearing on the occurrence of the violation, the amount of the
536-22 penalty, or both.
536-23 Sec. 505.554. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
536-24 Within 10 days after the date the person receives the notice, the
536-25 person in writing may:
536-26 (1) accept the determination and recommended
536-27 administrative penalty of the executive director; or
537-1 (2) make a request for a hearing on the occurrence of
537-2 the violation, the amount of the penalty, or both.
537-3 (b) If the person accepts the determination and recommended
537-4 penalty of the executive director, the board by order shall approve
537-5 the determination and impose the recommended penalty.
537-6 Sec. 505.555. HEARING. (a) If the person requests a hearing
537-7 or fails to respond in a timely manner to the notice, the executive
537-8 director shall set a hearing and give written notice of the hearing
537-9 to the person.
537-10 (b) An administrative law judge of the State Office of
537-11 Administrative Hearings shall hold the hearing.
537-12 (c) The administrative law judge shall make findings of fact
537-13 and conclusions of law and promptly issue to the board a proposal
537-14 for a decision about the occurrence of the violation and the amount
537-15 of a proposed administrative penalty.
537-16 Sec. 505.556. DECISION BY BOARD. (a) Based on the findings
537-17 of fact, conclusions of law, and proposal for decision, the board
537-18 by order may determine that:
537-19 (1) a violation occurred and impose an administrative
537-20 penalty; or
537-21 (2) a violation did not occur.
537-22 (b) The notice of the board's order given to the person must
537-23 include a statement of the right of the person to judicial review
537-24 of the order.
537-25 Sec. 505.557. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
537-26 (a) Within 30 days after the date the board's order becomes final,
537-27 the person shall:
538-1 (1) pay the administrative penalty; or
538-2 (2) file a petition for judicial review contesting the
538-3 occurrence of the violation, the amount of the penalty, or both.
538-4 (b) Within the 30-day period prescribed by Subsection (a), a
538-5 person who files a petition for judicial review may:
538-6 (1) stay enforcement of the penalty by:
538-7 (A) paying the penalty to the court for
538-8 placement in an escrow account; or
538-9 (B) giving the court a supersedeas bond approved
538-10 by the court that:
538-11 (i) is for the amount of the penalty; and
538-12 (ii) is effective until all judicial
538-13 review of the board's order is final; or
538-14 (2) request the court to stay enforcement of the
538-15 penalty by:
538-16 (A) filing with the court a sworn affidavit of
538-17 the person stating that the person is financially unable to pay the
538-18 penalty and is financially unable to give the supersedeas bond; and
538-19 (B) giving a copy of the affidavit to the
538-20 executive director by certified mail.
538-21 (c) If the executive director receives a copy of an
538-22 affidavit under Subsection (b)(2), the director may file with the
538-23 court, within five days after the date the copy is received, a
538-24 contest to the affidavit.
538-25 (d) The court shall hold a hearing on the facts alleged in
538-26 the affidavit as soon as practicable and shall stay the enforcement
538-27 of the penalty on finding that the alleged facts are true. The
539-1 person who files an affidavit has the burden of proving that the
539-2 person is financially unable to pay the penalty and to give a
539-3 supersedeas bond.
539-4 Sec. 505.558. COLLECTION OF PENALTY. (a) If the person does
539-5 not pay the administrative penalty and the enforcement of the
539-6 penalty is not stayed, the penalty may be collected.
539-7 (b) The attorney general may sue to collect the penalty.
539-8 Sec. 505.559. DETERMINATION BY COURT. (a) If the court
539-9 sustains the determination that a violation occurred, the court may
539-10 uphold or reduce the amount of the administrative penalty and order
539-11 the person to pay the full or reduced amount of the penalty.
539-12 (b) If the court does not sustain the finding that a
539-13 violation occurred, the court shall order that a penalty is not
539-14 owed.
539-15 Sec. 505.560. REMITTANCE OF PENALTY AND INTEREST. (a) If
539-16 the person paid the administrative penalty and if the amount of the
539-17 penalty is reduced or the penalty is not upheld by the court, the
539-18 court shall order, when the court's judgment becomes final, that
539-19 the appropriate amount plus accrued interest be remitted to the
539-20 person.
539-21 (b) The interest accrues at the rate charged on loans to
539-22 depository institutions by the New York Federal Reserve Bank.
539-23 (c) The interest shall be paid for the period beginning on
539-24 the date the penalty is paid and ending on the date the penalty is
539-25 remitted.
539-26 (d) If the person gave a supersedeas bond and the penalty is
539-27 not upheld by the court, the court shall order, when the court's
540-1 judgment becomes final, the release of the bond.
540-2 (e) If the person gave a supersedeas bond and the amount of
540-3 the penalty is reduced, the court shall order the release of the
540-4 bond after the person pays the reduced amount.
540-5 Sec. 505.561. ADMINISTRATIVE PROCEDURE. A proceeding under
540-6 this section is a contested case under Chapter 2001, Government
540-7 Code.
540-8 (b) Section 6, Chapter 1587, Acts of the 76th Legislature,
540-9 Regular Session, 1999, is repealed.
540-10 SECTION 14.272. (a) Chapter 505, Occupations Code, is
540-11 amended to conform to Section 2, Chapter 1587, Acts of the 76th
540-12 Legislature, Regular Session, 1999, by adding Subchapter L to read
540-13 as follows:
540-14 SUBCHAPTER L. REPORTS OF CERTAIN VIOLATIONS
540-15 Sec. 505.601. REPORT OF VIOLATION. In a written, signed
540-16 report to the appropriate licensing board, agency, or facility, a
540-17 person licensed under this chapter may report an incident that the
540-18 person has reasonable cause to believe has exposed a client to
540-19 substantial risk of harm, including:
540-20 (1) a failure to provide care that conforms to the
540-21 minimum standards of acceptable and prevailing professional
540-22 practice;
540-23 (2) illegal billing practices; or
540-24 (3) falsification of records.
540-25 Sec. 505.602. REPORTING IMMUNITY. A person who, without
540-26 malice, makes a report authorized, or reasonably believed to be
540-27 authorized, under this subchapter:
541-1 (1) is immune from civil liability; and
541-2 (2) may not be subjected by the person's employer to
541-3 other retaliatory action as a result of making the report.
541-4 Sec. 505.603. CAUSE OF ACTION FOR RETALIATION. (a) A person
541-5 named as a defendant in a civil action or subjected by the person's
541-6 employer to other retaliatory action as a result of filing a report
541-7 authorized, or reasonably believed to be authorized, under this
541-8 subchapter may file a counterclaim in the pending action or prove a
541-9 cause of action in a subsequent suit to recover defense costs,
541-10 including reasonable attorney's fees and actual and punitive
541-11 damages, if the suit or retaliatory action is determined to be
541-12 frivolous, unreasonable, or taken in bad faith.
541-13 (b) A person may not suspend or terminate the employment of,
541-14 or otherwise discipline or discriminate against, a person who makes
541-15 a report, without malice, under this subchapter.
541-16 (c) A person who makes a report under this subchapter has a
541-17 cause of action against a person who violates Subsection (b) and
541-18 may recover:
541-19 (1) the greater of:
541-20 (A) actual damages, including damages for mental
541-21 anguish even if no other injury is shown; or
541-22 (B) $1,000;
541-23 (2) exemplary damages;
541-24 (3) court costs; and
541-25 (4) reasonable attorney's fees.
541-26 (d) In addition to the amount recovered under Subsection
541-27 (c), a person whose employment is suspended or terminated in
542-1 violation of this section is entitled to:
542-2 (1) reinstatement in the employee's former position or
542-3 severance pay in an amount equal to three months of the employee's
542-4 most recent salary; and
542-5 (2) compensation for wages lost during the period of
542-6 suspension or termination.
542-7 (e) A person who brings an action under this section has the
542-8 burden of proof. It is a rebuttable presumption that the person's
542-9 employment was suspended or terminated for making a report under
542-10 this subchapter if:
542-11 (1) the person was suspended or terminated within 60
542-12 days after the date the report was made; and
542-13 (2) the person to whom the report that is the subject
542-14 of the cause of action was made or the court determines that the
542-15 report was:
542-16 (A) authorized under this subchapter; and
542-17 (B) made without malice.
542-18 (f) An action under this section may be brought in a
542-19 district court of the county in which:
542-20 (1) the plaintiff resides;
542-21 (2) the plaintiff was employed by the defendant; or
542-22 (3) the defendant conducts business.
542-23 (b) Section 2, Chapter 1587, Acts of the 76th Legislature,
542-24 Regular Session, 1999, is repealed.
542-25 PART 11. CHANGES RELATING TO SUBTITLE J,
542-26 TITLE 3, OCCUPATIONS CODE
542-27 SECTION 14.301. (a) Section 554.002, Occupations Code, is
543-1 amended to conform to Section 2, Chapter 1518, Acts of the 76th
543-2 Legislature, Regular Session, 1999, and Section 2, Chapter 1243,
543-3 Acts of the 76th Legislature, Regular Session, 1999, to read as
543-4 follows:
543-5 Sec. 554.002. REGULATION OF PRACTICE OF PHARMACY. The board
543-6 shall regulate the practice of pharmacy in this state by:
543-7 (1) issuing a license after examination or by
543-8 reciprocity to an applicant qualified to practice pharmacy and
543-9 issuing a license to a pharmacy under this subtitle;
543-10 (2) renewing a license to practice pharmacy and a
543-11 license to operate a pharmacy;
543-12 (3) determining and issuing standards for recognizing
543-13 and approving degree requirements of colleges of pharmacy whose
543-14 graduates are eligible for a license in this state;
543-15 (4) specifying and enforcing requirements for
543-16 practical training, including an internship;
543-17 (5) enforcing the provisions of this subtitle relating
543-18 to:
543-19 (A) the conduct or competence of a pharmacist
543-20 practicing in this state and the conduct of a pharmacy operating in
543-21 this state; and
543-22 (B) the suspension, revocation, retirement, or
543-23 restriction of a license to practice pharmacy or to operate a
543-24 pharmacy or the imposition of an administrative penalty or
543-25 reprimand on a license holder; [and]
543-26 (6) regulating the training, qualifications, and
543-27 employment of a pharmacist-intern and pharmacy technician; and
544-1 (7) determining and issuing standards for recognizing
544-2 and approving a pharmacy residency program for purposes of
544-3 Subchapter W, Chapter 61, Education Code.
544-4 (b) Section 2, Chapter 1243, Acts of the 76th Legislature,
544-5 Regular Session, 1999, is repealed.
544-6 (c) Subchapter A, Chapter 554, Occupations Code, is amended
544-7 to conform to Section 2, Chapter 1518, Acts of the 76th
544-8 Legislature, Regular Session, 1999, by adding Section 554.0021 to
544-9 read as follows:
544-10 Sec. 554.0021. RECOGNITION AND APPROVAL OF PHARMACIST
544-11 CERTIFICATION PROGRAMS. (a) The board shall determine and issue
544-12 standards for recognizing and approving pharmacist certification
544-13 programs.
544-14 (b) In adopting standards under Subsection (a), the board
544-15 shall include a requirement that a pharmacist may not use the
544-16 designation "board certified" unless the pharmacist has
544-17 successfully completed a certification program that meets the
544-18 board's standards.
544-19 (d) Section 554.005(a), Occupations Code, is amended to
544-20 conform to Section 2, Chapter 1518, Acts of the 76th Legislature,
544-21 Regular Session, 1999, to read as follows:
544-22 (a) In regulating the practice of pharmacy and the use in
544-23 this state of prescription drugs and devices in the diagnosis,
544-24 mitigation, or treatment or prevention of injury, illness, or
544-25 disease, the board shall:
544-26 (1) regulate the delivery or distribution of a
544-27 prescription drug or device;
545-1 (2) specify minimum standards for the professional
545-2 environment, technical equipment, and security in a prescription
545-3 dispensing area;
545-4 (3) specify minimum standards for:
545-5 (A) drug storage;
545-6 (B) maintenance of prescription drug records;
545-7 and
545-8 (C) procedures for the:
545-9 (i) delivering and dispensing in a
545-10 suitable, appropriately labeled container;
545-11 (ii) providing of prescription drugs or
545-12 devices;
545-13 (iii) monitoring of drug therapy; and
545-14 (iv) counseling of patients on proper use
545-15 of a prescription drug or device in the practice of pharmacy;
545-16 (4) adopt rules regulating a prescription drug order
545-17 or medication order transmitted by electronic means; and
545-18 (5) [annually] register a balance used for compounding
545-19 drugs in a pharmacy licensed in this state and periodically inspect
545-20 the balance to verify accuracy.
545-21 (e) Section 2, Chapter 1518, Acts of the 76th Legislature,
545-22 Regular Session, 1999, is repealed.
545-23 SECTION 14.302. (a) Section 554.011(c), Occupations Code, is
545-24 amended to conform to Section 1, Chapter 26, Acts of the 76th
545-25 Legislature, Regular Session, 1999, to read as follows:
545-26 (c) The approval may include a provision granting an
545-27 exception to any rule adopted under this subtitle. The board may
546-1 extend the time an exception to a rule is granted as necessary for
546-2 the board to adopt an amendment or modification of the rule. The
546-3 board may condition approval of a project on compliance with this
546-4 section and rules adopted under this section.
546-5 (b) Section 1, Chapter 26, Acts of the 76th Legislature,
546-6 Regular Session, 1999, is repealed.
546-7 SECTION 14.303. (a) Section 554.053(c), Occupations Code, is
546-8 amended to conform to Section 3, Chapter 1518, Acts of the 76th
546-9 Legislature, Regular Session, 1999, to read as follows:
546-10 (c) The board shall [may] determine and issue standards for
546-11 recognition and approval of a training program for pharmacy
546-12 technicians and maintain a list of board-approved training programs
546-13 that meet those standards.
546-14 (b) Section 3, Chapter 1518, Acts of the 76th Legislature,
546-15 Regular Session, 1999, is repealed.
546-16 SECTION 14.304. (a) Section 559.053, Occupations Code, is
546-17 amended to conform to Section 5, Chapter 1518, Acts of the 76th
546-18 Legislature, Regular Session, 1999, to read as follows:
546-19 Sec. 559.053. PROGRAM HOURS REQUIRED. [(a)] A license holder
546-20 satisfies the continuing education requirement by presenting
546-21 evidence satisfactory to the board of completion of at least 24
546-22 [12] hours of continuing education during the preceding 24 months
546-23 of the person's license period.
546-24 [(b) A license holder who completes more than 12 hours of
546-25 continuing education during the preceding license period may carry
546-26 forward not more than 12 hours for the next license period.]
546-27 (b) Section 5, Chapter 1518, Acts of the 76th Legislature,
547-1 Regular Session, 1999, is repealed.
547-2 SECTION 14.305. (a) Section 560.051(d), Occupations Code, is
547-3 amended to conform to Section 1, Chapter 1518, Acts of the 76th
547-4 Legislature, Regular Session, 1999, to read as follows:
547-5 (d) A Class C pharmacy license or institutional pharmacy
547-6 license may be issued to[:]
547-7 [(1)] a pharmacy located in:
547-8 (1) [(A)] an inpatient facility, including a hospital,
547-9 licensed under Chapter 241 or 577, Health and Safety Code; [or]
547-10 (2) [(B)] a hospital maintained or operated by the
547-11 state; [or]
547-12 (3) [(2)] a hospice inpatient facility licensed under
547-13 Chapter 142, Health and Safety Code; or
547-14 (4) an ambulatory surgical center licensed under
547-15 Chapter 243, Health and Safety Code.
547-16 (b) Section 1, Chapter 1518, Acts of the 76th Legislature,
547-17 Regular Session, 1999, is repealed.
547-18 SECTION 14.306. (a) Section 560.052, Occupations Code, is
547-19 amended to conform to Section 8, Chapter 1518, Acts of the 76th
547-20 Legislature, Regular Session, 1999, by adding Subsection (e) to
547-21 read as follows:
547-22 (e) With respect to a Class C pharmacy license, the board
547-23 may issue a license to a pharmacy on certification by the
547-24 appropriate agency that the facility in which the pharmacy is
547-25 located has substantially completed the requirements for licensing.
547-26 (b) Section 561.002, Occupations Code, is amended to conform
547-27 to Section 8, Chapter 1518, Acts of the 76th Legislature, Regular
548-1 Session, 1999, to read as follows:
548-2 Sec. 561.002. PHARMACY LICENSE [ANNUAL] RENEWAL. A pharmacy
548-3 license must be renewed annually or biennially as determined by the
548-4 board.
548-5 (c) Section 8, Chapter 1518, Acts of the 76th Legislature,
548-6 Regular Session, 1999, is repealed.
548-7 SECTION 14.307. (a) Section 561.001(b), Occupations Code, is
548-8 amended to conform to Section 9, Chapter 1518, Acts of the 76th
548-9 Legislature, Regular Session, 1999, to read as follows:
548-10 (b) The board may adopt a system under which pharmacy
548-11 licenses expire on various dates during the year or every other
548-12 year, as appropriate.
548-13 (b) Section 561.005, Occupations Code, is amended to conform
548-14 to Section 9, Chapter 1518, Acts of the 76th Legislature, Regular
548-15 Session, 1999, to read as follows:
548-16 Sec. 561.005. SUSPENSION OF PHARMACY LICENSE FOR NONRENEWAL.
548-17 The board shall suspend the license and remove from the register of
548-18 licensed pharmacies the name of a pharmacy that does not file a
548-19 completed application and pay the renewal fee on or before the date
548-20 the license [or license renewal certificate] expires.
548-21 (c) Section 9, Chapter 1518, Acts of the 76th Legislature,
548-22 Regular Session, 1999, is repealed.
548-23 SECTION 14.308. (a) Section 563.051, Occupations Code, is
548-24 amended to conform to Section 3, Chapter 428, Acts of the 76th
548-25 Legislature, Regular Session, 1999, by adding Subsection (e) to
548-26 read as follows:
548-27 (e) A practitioner may designate a licensed vocational nurse
549-1 or a person having education equivalent to or greater than that
549-2 required for a licensed vocational nurse to communicate the
549-3 prescriptions of an advanced practice nurse or physician assistant
549-4 authorized by the practitioner to sign prescription drug orders
549-5 under Subchapter B, Chapter 157.
549-6 (b) Section 3, Chapter 428, Acts of the 76th Legislature,
549-7 Regular Session, 1999, is repealed.
549-8 SECTION 14.309. (a) Section 564.051(a), Occupations Code, is
549-9 amended to conform to Section 6, Chapter 1518, Acts of the 76th
549-10 Legislature, Regular Session, 1999, to read as follows:
549-11 (a) The board may add a surcharge of not more than $10 for
549-12 each 12 months in a license period to a license or license renewal
549-13 fee authorized under this subtitle to fund a program to aid
549-14 impaired pharmacists and pharmacy students.
549-15 (b) Section 6, Chapter 1518, Acts of the 76th Legislature,
549-16 Regular Session, 1999, is repealed.
549-17 SECTION 14.310. (a) The heading for Chapter 564, Occupations
549-18 Code, is amended to conform to Section 2, Chapter 98, Acts of the
549-19 76th Legislature, Regular Session, 1999, to read as follows:
549-20 CHAPTER 564. PROGRAM TO AID IMPAIRED
549-21 PHARMACISTS AND PHARMACY STUDENTS; PHARMACY PEER REVIEW
549-22 (a-1) Section 564.003(b), Occupations Code, is amended to
549-23 correct a reference to read as follows:
549-24 (b) The board may disclose that the license of a pharmacist
549-25 who is the subject of an order of the board that is confidential
549-26 under Section 564.002 [564.002(b)] is suspended, revoked, canceled,
549-27 restricted, or retired or that the pharmacist is in any other
550-1 manner limited in the practice of pharmacy. The board may not
550-2 disclose the nature of the impairment or other information that
550-3 resulted in the board's action.
550-4 (b) Chapter 564, Occupations Code, is amended to conform to
550-5 Section 2, Chapter 98, Acts of the 76th Legislature, Regular
550-6 Session, 1999, by adding Subchapter C to read as follows:
550-7 SUBCHAPTER C. PHARMACY PEER REVIEW
550-8 Sec. 564.101. DEFINITIONS. In this subchapter:
550-9 (1) "Pharmacy peer review committee" means:
550-10 (A) a pharmacy peer review, judicial, or
550-11 grievance committee of a pharmacy society or association that is
550-12 authorized to evaluate the quality of pharmacy services or the
550-13 competence of pharmacists and suggest improvements in pharmacy
550-14 systems to enhance patient care; or
550-15 (B) a pharmacy peer review committee established
550-16 by a person who owns a pharmacy or employs pharmacists that is
550-17 authorized to evaluate the quality of pharmacy services or the
550-18 competence of pharmacists and suggest improvements in pharmacy
550-19 systems to enhance patient care.
550-20 (2) "Pharmacy society or association" means a
550-21 membership organization of pharmacists that is incorporated under
550-22 the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq.,
550-23 Vernon's Texas Civil Statutes) or that is exempt from the payment
550-24 of federal income taxes under Section 501(c) of the Internal
550-25 Revenue Code of 1986.
550-26 Sec. 564.102. PHARMACY PEER REVIEW COMMITTEE. (a) A
550-27 pharmacy peer review committee may be established to evaluate the
551-1 quality of pharmacy services or the competence of pharmacists and
551-2 suggest improvements in pharmacy systems to enhance patient care.
551-3 (b) The committee may review documentation of
551-4 quality-related activities in a pharmacy, assess system failures
551-5 and personnel deficiencies, determine facts, and make
551-6 recommendations or issue decisions in a written report that can be
551-7 used for continuous quality improvement purposes.
551-8 (c) A pharmacy peer review committee includes the members,
551-9 employees, and agents of the committee, including assistants,
551-10 investigators, attorneys, and any other agent that serves the
551-11 committee in any capacity.
551-12 Sec. 564.103. CONFIDENTIALITY. (a) Except as otherwise
551-13 provided by this subchapter, all proceedings and records of a
551-14 pharmacy peer review committee are confidential and all
551-15 communications made to a pharmacy peer review committee are
551-16 privileged.
551-17 (b) If a court makes a preliminary finding that a
551-18 proceeding, record, or communication described by Subsection (a) is
551-19 relevant to an anticompetitive action or an action brought under
551-20 federal civil rights provisions under 42 U.S.C. Section 1983, then
551-21 the proceeding, record, or communication is not confidential to the
551-22 extent it is considered to be relevant.
551-23 (c) The final report of, and any written or oral
551-24 communication made to, a pharmacy peer review committee and the
551-25 records and proceedings of the committee may be disclosed to
551-26 another pharmacy peer review committee, appropriate state or
551-27 federal agencies, national accreditation bodies, or the state board
552-1 of registration or licensure of this or any other state.
552-2 (d) Disclosure to the affected pharmacist of confidential
552-3 pharmacy peer review committee information pertinent to the matter
552-4 under review does not constitute waiver of the confidentiality
552-5 provisions provided by this section.
552-6 (e) If a pharmacy peer review committee takes action that
552-7 could result in censure, license suspension, restriction,
552-8 limitation, or revocation by the board or denial of membership or
552-9 privileges in a health care entity, the affected pharmacist must be
552-10 provided a written copy of the recommendation of the pharmacy peer
552-11 review committee and a copy of the pharmacy peer review committee's
552-12 final decision, including a statement of the basis for the
552-13 decision.
552-14 (f) Unless disclosure is required or authorized by law,
552-15 records or determinations of, or communications to, a pharmacy peer
552-16 review committee are not subject to subpoena or discovery and are
552-17 not admissible as evidence in any civil, judicial, or
552-18 administrative proceeding without waiver of the privilege of
552-19 confidentiality executed in writing by the committee. The
552-20 evidentiary privilege created by this section may be invoked by any
552-21 person or organization in any civil, judicial, or administrative
552-22 proceeding unless the person or organization has secured a waiver
552-23 of the privilege executed in writing by the presiding officer,
552-24 assistant presiding officer, or secretary of the affected pharmacy
552-25 peer review committee.
552-26 (g) Reports, information, or records received and maintained
552-27 by the board under this subchapter are considered investigative
553-1 files and are confidential and may only be released as specified in
553-2 Section 565.055.
553-3 Sec. 564.104. USE OF INFORMATION IN CIVIL AND CRIMINAL
553-4 ACTIONS. (a) If a pharmacy peer review committee, a person
553-5 participating in peer review, or any organization named as a
553-6 defendant in any civil action filed as a result of participation in
553-7 peer review may use otherwise confidential information in the
553-8 committee's, person's, or organization's own defense or in a claim
553-9 or suit under Section 564.106(b), a plaintiff in the proceeding may
553-10 disclose records or determinations of, or communications to, a peer
553-11 review committee in rebuttal to information supplied by the
553-12 defendant.
553-13 (b) Any person seeking access to privileged information must
553-14 plead and prove waiver of the privilege.
553-15 (c) A member, employee, or agent of a pharmacy peer review
553-16 committee who provides access to otherwise privileged
553-17 communications or records in cooperation with a law enforcement
553-18 authority in a criminal investigation is not considered to have
553-19 waived any privilege established under this subchapter.
553-20 Sec. 564.105. COMPLIANCE WITH SUBPOENA. All persons,
553-21 including governing bodies and medical staffs of health care
553-22 entities, shall comply fully with a subpoena issued by the board
553-23 for documents or information as otherwise authorized by law. The
553-24 disclosure of documents or information under the subpoena does not
553-25 constitute a waiver of the privilege associated with a pharmacy
553-26 peer review committee proceeding. Failure to comply with the
553-27 subpoena is grounds for disciplinary action against the facility or
554-1 individual by the appropriate licensing board.
554-2 Sec. 564.106. IMMUNITY. (a) A cause of action does not
554-3 accrue against the members, agents, or employees of a pharmacy peer
554-4 review committee from any act, statement, determination, or
554-5 recommendation made or act reported, without malice, in the course
554-6 of peer review according to this subchapter.
554-7 (b) A pharmacy peer review committee, a person participating
554-8 in peer review, or a health care entity named as a defendant in any
554-9 civil action filed as a result of participation in peer review may
554-10 use otherwise confidential information obtained for legitimate
554-11 internal business and professional purposes, including use in the
554-12 committee's, person's, or entity's own defense. The use of the
554-13 information does not waive the confidential and privileged nature
554-14 of pharmacy peer review committee proceedings.
554-15 (c) Section 2, Chapter 98, Acts of the 76th Legislature,
554-16 Regular Session, 1999, is repealed.
554-17 SECTION 14.311. (a) Section 565.055(c), Occupations Code, is
554-18 amended to conform to Section 1, Chapter 98, Acts of the 76th
554-19 Legislature, Regular Session, 1999, to read as follows:
554-20 (c) Notwithstanding Subsection (b), information or material
554-21 compiled by the board in connection with an investigation may be
554-22 disclosed to:
554-23 (1) a person involved with the board in a disciplinary
554-24 action against the license holder;
554-25 (2) an entity in another jurisdiction that licenses or
554-26 disciplines pharmacists or pharmacies;
554-27 (3) a pharmaceutical or pharmacy peer review committee
555-1 as described under Chapter 564;
555-2 (4) a law enforcement agency; or
555-3 (5) a person engaged in bona fide research, if all
555-4 information identifying a specific individual has been deleted.
555-5 (b) Section 1, Chapter 98, Acts of the 76th Legislature,
555-6 Regular Session, 1999, is repealed.
555-7 SECTION 14.312. (a) Subchapter C, Chapter 565, Occupations
555-8 Code, is amended to conform to Section 7, Chapter 1518, Acts of the
555-9 76th Legislature, Regular Session, 1999, and to more accurately
555-10 reflect the law from which it was derived to read as follows:
555-11 SUBCHAPTER C. PETITION FOR REINSTATEMENT OR REMOVAL
555-12 OF RESTRICTION [LICENSE]
555-13 Sec. 565.101. PETITION FOR REINSTATEMENT OR REMOVAL OF
555-14 RESTRICTION. (a) A person whose pharmacy license, [or] license to
555-15 practice pharmacy, or pharmacy technician registration in this
555-16 state has been revoked or restricted under this subtitle, whether
555-17 voluntarily or by board action, may, after the first anniversary of
555-18 the effective date of the revocation or restriction, petition the
555-19 board for reinstatement or removal of the restriction of the
555-20 license or registration.
555-21 (b) The petition must be in writing and in the form
555-22 prescribed by the board.
555-23 (c) A person petitioning for reinstatement or removal of a
555-24 restriction has the burden of proof.
555-25 Sec. 565.102. ACTION BY BOARD. (a) On investigation and
555-26 review of a petition under this subchapter [for reinstatement], the
555-27 board may grant or deny the petition or may modify the board's
556-1 original finding to reflect a circumstance that has changed
556-2 sufficiently to warrant the modification.
556-3 (b) If the board denies the petition, the board may not
556-4 consider a subsequent petition from the petitioner until the first
556-5 anniversary of the date of denial of the previous petition.
556-6 Sec. 565.103. CONDITION FOR REINSTATEMENT OR REMOVAL OF
556-7 RESTRICTION. The board may require a person to pass one or more
556-8 examinations to reenter the practice of pharmacy.
556-9 (b) Section 7, Chapter 1518, Acts of the 76th Legislature,
556-10 Regular Session, 1999, is repealed.
556-11 SECTION 14.313. (a) Subtitle J, Title 3, Occupations Code,
556-12 is amended to conform to Section 4, Chapter 1518, Acts of the 76th
556-13 Legislature, Regular Session, 1999, by adding Chapter 568 to read
556-14 as follows:
556-15 CHAPTER 568. PHARMACY TECHNICIANS
556-16 Sec. 568.001. RULES RELATING TO PHARMACY TECHNICIANS.
556-17 (a) In establishing rules under Section 554.053(c), the board
556-18 shall require that a pharmacy technician:
556-19 (1) have a high school diploma or a high school
556-20 equivalency certificate or be working to achieve an equivalent
556-21 diploma or certificate; and
556-22 (2) have passed a board-approved pharmacy technician
556-23 certification examination.
556-24 (b) The board shall adopt rules that permit a pharmacy
556-25 technician to perform only nonjudgmental technical duties under the
556-26 direct supervision of a pharmacist.
556-27 Sec. 568.002. PHARMACY TECHNICIAN REGISTRATION REQUIRED. (a)
557-1 A pharmacy technician must register with the board annually or
557-2 biennially, as determined by board rule, on a form prescribed by
557-3 the board.
557-4 (b) The board may allow a technician to petition the board
557-5 for a special exemption from the technician certification
557-6 requirement if the technician:
557-7 (1) is in a county with a population of less than
557-8 50,000; or
557-9 (2) on September 1, 2001, has been employed as a
557-10 pharmacy technician in this state for at least 10 years and the
557-11 technician's employer approves the petition.
557-12 Sec. 568.003. GROUNDS FOR REFUSAL TO ISSUE OR RENEW
557-13 REGISTRATION; DISCIPLINARY ACTION. (a) The board may refuse to
557-14 issue or renew a registration or may suspend or revoke any
557-15 registration issued by the board if the board determines that the
557-16 applicant or registrant has:
557-17 (1) violated this subtitle or a rule adopted under
557-18 this subtitle;
557-19 (2) engaged in gross immorality, as that term is
557-20 defined by the rules of the board;
557-21 (3) engaged in any fraud, deceit, or
557-22 misrepresentation, as those terms are defined by the rules of the
557-23 board, in seeking a registration to act as a pharmacy technician;
557-24 (4) been convicted of a misdemeanor involving moral
557-25 turpitude or a felony;
557-26 (5) a drug or alcohol dependency;
557-27 (6) violated:
558-1 (A) Chapter 481 or 483, Health and Safety Code,
558-2 or rules relating to those chapters;
558-3 (B) Sections 485.031-485.035, Health and Safety
558-4 Code; or
558-5 (C) a rule adopted under Section 485.011, Health
558-6 and Safety Code;
558-7 (7) violated the pharmacy or drug laws or rules of
558-8 this state, another state, or the United States; or
558-9 (8) had a registration as a pharmacy technician issued
558-10 by another state revoked, surrendered, or suspended for conduct
558-11 substantially equivalent to conduct described by Subdivisions
558-12 (1)-(6).
558-13 (b) A certified copy of the record of a state taking action
558-14 described by Subsection (a)(8) is conclusive evidence of the action
558-15 taken by the state.
558-16 Sec. 568.004. RENEWAL OF REGISTRATION. The board may adopt a
558-17 system in which the registrations of pharmacy technicians expire on
558-18 various dates during the year.
558-19 Sec. 568.005. FEES. The board may adopt fees as necessary
558-20 for the registration of pharmacy technicians.
558-21 (b) Section 4, Chapter 1518, Acts of the 76th Legislature,
558-22 Regular Session, 1999, is repealed.
558-23 SECTION 14.314. (a) Subtitle J, Title 3, Occupations Code,
558-24 is amended to conform to Section 10, Chapter 1518, Acts of the 76th
558-25 Legislature, Regular Session, 1999, by adding Chapter 569 to read
558-26 as follows:
558-27 CHAPTER 569. REPORTING REQUIREMENTS FOR
559-1 PROFESSIONAL LIABILITY INSURERS
559-2 Sec. 569.001. DUTY TO REPORT. (a) Every insurer or other
559-3 entity providing pharmacist's professional liability insurance,
559-4 pharmacy technician professional and supplemental liability
559-5 insurance, or druggist's professional liability insurance covering
559-6 a pharmacist, pharmacy technician, or pharmacy license holder in
559-7 this state shall submit to the board the information described in
559-8 Section 569.002 at the time prescribed.
559-9 (b) The information shall be provided with respect to a
559-10 notice of claim letter or complaint filed against an insured in a
559-11 court, if the notice or complaint seeks damages relating to the
559-12 insured's conduct in providing or failing to provide appropriate
559-13 service within the scope of pharmaceutical care or services, and
559-14 with respect to settlement of a claim or lawsuit made on behalf of
559-15 the insured.
559-16 (c) If a pharmacist, pharmacy technician, or pharmacy
559-17 licensed in this state does not carry or is not covered by
559-18 pharmacist's professional liability insurance, pharmacy technician
559-19 professional and supplemental liability insurance, or druggist's
559-20 professional liability insurance and is insured by a nonadmitted
559-21 carrier or other entity providing pharmacy professional liability
559-22 insurance that does not report under this subtitle, the duty to
559-23 report information under Section 569.002 is the responsibility of
559-24 the pharmacist, pharmacy technician, or pharmacy license holder.
559-25 Sec. 569.002. INFORMATION TO BE REPORTED. (a) The following
559-26 information must be furnished to the board not later than the 30th
559-27 day after receipt by the insurer of the notice of claim letter or
560-1 complaint from the insured:
560-2 (1) the name of the insured and the insured's state
560-3 pharmacy technician registration number or pharmacist or pharmacy
560-4 license number;
560-5 (2) the policy number; and
560-6 (3) a copy of the notice of claim letter or complaint.
560-7 (b) The board shall, in consultation with the Texas
560-8 Department of Insurance, adopt rules for reporting additional
560-9 information as the board may require. Other claim reports required
560-10 under state and federal law shall be considered in determining the
560-11 information to be reported, the form of the report, and frequency
560-12 of reporting under the rules. Additional information that the
560-13 board may require may include:
560-14 (1) the date of any judgment, dismissal, or
560-15 settlement; and
560-16 (2) whether an appeal has been taken and by which
560-17 party.
560-18 Sec. 569.003. IMMUNITY FROM LIABILITY. An insurer reporting
560-19 under this subchapter, its agents or employees, or the board or its
560-20 employees or representatives are not liable for damages in a suit
560-21 brought by any person or entity for reporting as required by this
560-22 subchapter or for any other action taken under this subchapter.
560-23 Sec. 569.004. RESTRICTION ON USE OF INFORMATION REPORTED.
560-24 (a) Information submitted to the board under this subchapter and
560-25 the fact that the information has been submitted to the board may
560-26 not be:
560-27 (1) offered in evidence or used in any manner in the
561-1 trial of a suit described in this subchapter; or
561-2 (2) used in any manner to determine the eligibility or
561-3 credentialing of a pharmacy to participate in a health insurance
561-4 plan defined by the Insurance Code.
561-5 (b) Information submitted under this subchapter is
561-6 confidential and is not subject to disclosure under Chapter 552,
561-7 Government Code.
561-8 (c) The board shall adopt rules to ensure the
561-9 confidentiality of information submitted under this subchapter.
561-10 Sec. 569.005. INVESTIGATION OF REPORT. (a) Except as
561-11 otherwise provided in this section, a report received by the board
561-12 under this subchapter is not a complaint for which a board
561-13 investigation is required.
561-14 (b) The board shall review the information relating to a
561-15 pharmacist, pharmacy technician, or pharmacy license holder against
561-16 whom at least three professional liability claims have been
561-17 reported within a five-year period in the same manner as if a
561-18 complaint against the pharmacist, pharmacy technician, or pharmacy
561-19 license holder had been made under Chapter 555.
561-20 Sec. 569.006. SANCTIONS IMPOSED ON INSURER. The Texas
561-21 Department of Insurance may impose on any insurer subject to this
561-22 subtitle sanctions authorized by Chapter 82, Insurance Code, if the
561-23 insurer fails to report information as required by this subchapter.
561-24 (b) Section 10, Chapter 1518, Acts of the 76th Legislature,
561-25 Regular Session, 1999, is repealed.
561-26 PART 12. CHANGES RELATING TO SUBTITLE K, TITLE 3,
561-27 OCCUPATIONS CODE
562-1 SECTION 14.321. (a) Section 601.057, Occupations Code, is
562-2 amended to conform to Section 1, Chapter 976, Acts of the 76th
562-3 Legislature, Regular Session, 1999, and Section 16.04, Chapter
562-4 1411, Acts of the 76th Legislature, Regular Session, 1999, to read
562-5 as follows:
562-6 Sec. 601.057. FEES. The board may set fees for examination,
562-7 certificate issuance, registration of a person under Section
562-8 601.202, and application processing under Section 601.203
562-9 [certificate renewal] in amounts that are reasonable to cover the
562-10 costs of administering this chapter without the use of additional
562-11 general revenue.
562-12 (b) Section 1, Chapter 976, Acts of the 76th Legislature,
562-13 Regular Session, 1999, is repealed.
562-14 SECTION 14.322. (a) Subchapter B, Chapter 601, Occupations
562-15 Code, is amended to conform to Section 16.02, Chapter 1411, Acts of
562-16 the 76th Legislature, Regular Session, 1999, by adding Section
562-17 601.058 to read as follows:
562-18 Sec. 601.058. RULES RESTRICTING ADVERTISING OR COMPETITIVE
562-19 BIDDING. (a) The board may not adopt rules restricting advertising
562-20 or competitive bidding by a medical radiologic technologist except
562-21 to prohibit false, misleading, or deceptive practices.
562-22 (b) In its rules to prohibit false, misleading, or deceptive
562-23 practices, the board may not include a rule that:
562-24 (1) restricts the use of any medium for advertising;
562-25 (2) restricts the use of a medical radiologic
562-26 technologist's personal appearance or voice in an advertisement;
562-27 (3) relates to the size or duration of an
563-1 advertisement by the medical radiologic technologist; or
563-2 (4) restricts the medical radiologic technologist's
563-3 advertisement under a trade name.
563-4 (b) Section 16.02, Chapter 1411, Acts of the 76th
563-5 Legislature, Regular Session, 1999, is repealed.
563-6 SECTION 14.323. (a) Subchapter C, Chapter 601, Occupations
563-7 Code, is amended to conform to Section 16.05, Chapter 1411, Acts of
563-8 the 76th Legislature, Regular Session, 1999, by adding Section
563-9 601.1041 to read as follows:
563-10 Sec. 601.1041. NOTIFICATION OF EXAMINATION RESULTS. (a) Not
563-11 later than the 30th day after the date a person takes an
563-12 examination for a certificate under this chapter, the department
563-13 shall notify the person of the results of the examination.
563-14 (b) If the examination is graded or reviewed by a testing
563-15 service, the department shall notify the person of the results of
563-16 the examination not later than the 14th day after the date the
563-17 department receives the results from the testing service. If
563-18 notice of the examination results will be delayed for longer than
563-19 90 days after the examination date, the department shall notify the
563-20 person of the reason for the delay before the 90th day.
563-21 (c) The department may require a testing service to notify a
563-22 person of the results of the person's examination.
563-23 (d) If requested in writing by a person who fails an
563-24 examination for a certificate administered under this chapter, the
563-25 department shall furnish the person with an analysis of the
563-26 person's performance on the examination.
563-27 (b) Subchapter C, Chapter 601, Occupations Code, is amended
564-1 to conform to Sections 16.04 and 16.05, Chapter 1411, Acts of the
564-2 76th Legislature, Regular Session, 1999, by adding Section 601.110
564-3 to read as follows:
564-4 Sec. 601.110. CERTIFICATE EXPIRATION. (a) Not later than
564-5 the 30th day before the date a person's certificate is scheduled to
564-6 expire, the department shall send written notice of the impending
564-7 expiration to the person at the person's last known address
564-8 according to the records of the department.
564-9 (b) The board by rule may adopt a system under which
564-10 certificates expire on various dates during the year. For the year
564-11 in which the certificate expiration date is changed, the department
564-12 shall prorate certificate fees on a monthly basis so that each
564-13 certificate holder pays only that portion of the certificate fee
564-14 that is allocable to the number of months during which the
564-15 certificate is valid. On renewal of the certificate on the new
564-16 expiration date, the total certificate renewal fee is payable.
564-17 (c) Subchapter C, Chapter 601, Occupations Code, is amended
564-18 to conform to Section 16.04, Chapter 1411, Acts of the 76th
564-19 Legislature, Regular Session, 1999, by adding Sections 601.111 and
564-20 601.112 to read as follows:
564-21 Sec. 601.111. CERTIFICATE RENEWAL PROCEDURE. (a) A person
564-22 who is otherwise eligible to renew a certificate may renew an
564-23 unexpired certificate by paying the required renewal fee to the
564-24 department before the expiration date of the certificate. A person
564-25 whose certificate has expired may not engage in activities that
564-26 require a certificate until the certificate has been renewed.
564-27 (b) A person whose certificate has been expired for 90 days
565-1 or less may renew the certificate by paying to the department a
565-2 renewal fee that is equal to 1-1/2 times the normally required
565-3 renewal fee.
565-4 (c) A person whose certificate has been expired for more
565-5 than 90 days but less than one year may renew the certificate by
565-6 paying to the department a renewal fee that is equal to two times
565-7 the normally required renewal fee.
565-8 (d) A person whose certificate has been expired for one year
565-9 or more may not renew the certificate. The person may obtain a new
565-10 certificate by complying with the requirements and procedures,
565-11 including the examination requirements, for an original
565-12 certificate.
565-13 Sec. 601.112. RENEWAL OF CERTIFICATE BY OUT-OF-STATE
565-14 PRACTITIONER. (a) A person who held a certificate in this state,
565-15 moved to another state, and currently holds a certificate or
565-16 license and has been in practice in the other state for the two
565-17 years preceding the date of application may obtain a new
565-18 certificate without reexamination.
565-19 (b) The person must pay to the department a fee that is
565-20 equal to two times the normally required renewal fee for the
565-21 certificate.
565-22 (d) Sections 16.04 and 16.05, Chapter 1411, Acts of the 76th
565-23 Legislature, Regular Session, 1999, are repealed.
565-24 SECTION 14.324. (a) Section 601.108, Occupations Code, is
565-25 amended to conform to Section 16.01, Chapter 1411, Acts of the 76th
565-26 Legislature, Regular Session, 1999, to read as follows:
565-27 Sec. 601.108. CONTINUING EDUCATION AND OTHER GUIDELINES. (a)
566-1 The board may establish guidelines[, including guidelines that
566-2 require continuing education for medical radiologic technologists].
566-3 (b) The board shall prepare, recognize, or administer
566-4 continuing education programs for medical radiologic technologists
566-5 in which participation is required, to the extent required by the
566-6 board, to keep the person's certificate.
566-7 (b) Section 16.01, Chapter 1411, Acts of the 76th
566-8 Legislature, Regular Session, 1999, is repealed.
566-9 SECTION 14.325. (a) Subchapter C, Chapter 601, Occupations
566-10 Code, is amended to conform to Section 16.03, Chapter 1411, Acts of
566-11 the 76th Legislature, Regular Session, 1999, by adding Section
566-12 601.109 to read as follows:
566-13 Sec. 601.109. PROVISIONAL CERTIFICATE. (a) The board may
566-14 issue a provisional certificate to an applicant currently licensed
566-15 or certified in another jurisdiction who seeks certification in
566-16 this state and who:
566-17 (1) has been licensed or certified in good standing as
566-18 a medical radiologic technologist for at least two years in another
566-19 jurisdiction, including a foreign country, that has licensing or
566-20 certification requirements substantially equivalent to the
566-21 requirements of this chapter;
566-22 (2) has passed a national or other examination
566-23 recognized by the board relating to the practice of radiologic
566-24 technology; and
566-25 (3) is sponsored by a medical radiologic technologist
566-26 certified by the board under this chapter with whom the provisional
566-27 certificate holder will practice during the time the person holds a
567-1 provisional certificate.
567-2 (b) The board may waive the requirement of Subsection (a)(3)
567-3 for an applicant if the board determines that compliance with that
567-4 subsection would be a hardship to the applicant.
567-5 (c) A provisional certificate is valid until the date the
567-6 board approves or denies the provisional certificate holder's
567-7 application for a certificate. The board shall issue a certificate
567-8 under this chapter to the provisional certificate holder if:
567-9 (1) the provisional certificate holder is eligible to
567-10 be certified under Section 601.107; or
567-11 (2) the provisional certificate holder passes the part
567-12 of the examination under Section 601.104 that relates to the
567-13 applicant's knowledge and understanding of the laws and rules
567-14 relating to the practice of radiologic technology in this state
567-15 and:
567-16 (A) the board verifies that the provisional
567-17 certificate holder meets the academic and experience requirements
567-18 for a certificate under this chapter; and
567-19 (B) the provisional certificate holder satisfies
567-20 any other licensing requirements under this chapter.
567-21 (d) The board must approve or deny a provisional certificate
567-22 holder's application for a certificate not later than the 180th day
567-23 after the date the provisional certificate is issued. The board
567-24 may extend the 180-day period if the results of an examination have
567-25 not been received by the board before the end of that period.
567-26 (e) The board may establish a fee for a provisional
567-27 certificate in an amount reasonable and necessary to cover the cost
568-1 of issuing the certificate.
568-2 (b) Section 16.03, Chapter 1411, Acts of the 76th
568-3 Legislature, Regular Session, 1999, is repealed.
568-4 SECTION 14.326. (a) Section 602.052(d), Occupations Code, is
568-5 amended to conform to Section 17.01, Chapter 1411, Acts of the 76th
568-6 Legislature, Regular Session, 1999, to read as follows:
568-7 (d) Appointments to the board shall be made without regard
568-8 to the race, color, disability, creed, sex, religion, age, or
568-9 national origin of the appointee.
568-10 (b) Section 17.01, Chapter 1411, Acts of the 76th
568-11 Legislature, Regular Session, 1999, is repealed.
568-12 SECTION 14.327. (a) Section 602.053(d), Occupations Code, is
568-13 amended to conform to Section 17.02, Chapter 1411, Acts of the 76th
568-14 Legislature, Regular Session, 1999, to read as follows:
568-15 (d) A [The] public board member must be a resident of the
568-16 state for a period of not less than four years preceding
568-17 appointment [and may not have a financial interest in an endeavor
568-18 related to the practice of medical physics]. A person may not be a
568-19 public member of the board if the person or the person's spouse:
568-20 (1) is registered, certified, or licensed by a
568-21 regulatory agency in the field of medical physics;
568-22 (2) is employed by or participates in the management
568-23 of a business entity or other organization regulated by or
568-24 receiving money from the board;
568-25 (3) owns or controls, directly or indirectly, more
568-26 than a 10 percent interest in a business entity or other
568-27 organization regulated by or receiving money from the board; or
569-1 (4) uses or receives a substantial amount of tangible
569-2 goods, services, or money from the board other than compensation or
569-3 reimbursement authorized by law for board membership, attendance,
569-4 or expenses.
569-5 (b) Section 17.02, Chapter 1411, Acts of the 76th
569-6 Legislature, Regular Session, 1999, is repealed.
569-7 SECTION 14.328. (a) Section 602.054, Occupations Code, is
569-8 amended to conform to Section 17.03, Chapter 1411, Acts of the 76th
569-9 Legislature, Regular Session, 1999, to read as follows:
569-10 Sec. 602.054. MEMBERSHIP [AND EMPLOYEE] RESTRICTIONS.
569-11 (a) In this section, "Texas trade association" means a cooperative
569-12 and voluntarily joined association of business or professional
569-13 competitors in this state designed to assist its members and its
569-14 industry or profession in dealing with mutual business or
569-15 professional problems and in promoting their common interest.
569-16 (b) A person may not be a member of the board if:
569-17 (1) the person is an officer, employee, or paid
569-18 consultant of a Texas trade association in the field of medicine;
569-19 or
569-20 (2) the person's spouse is an officer, manager, or
569-21 paid consultant of a Texas trade association in the field of
569-22 medicine.
569-23 (c) A person may not serve as a member of the board [or act
569-24 as general counsel to the board] if the person is required to
569-25 register as a lobbyist under Chapter 305, Government Code, because
569-26 of the person's activities for compensation on behalf of a
569-27 profession related to the operation of the board.
570-1 (b) Subchapter B, Chapter 602, Occupations Code, is amended
570-2 to conform to Section 17.03, Chapter 1411, Acts of the 76th
570-3 Legislature, Regular Session, 1999, by adding Section 602.059 to
570-4 read as follows:
570-5 Sec. 602.059. TRAINING. (a) A person who is appointed to
570-6 and qualifies for office as a member of the board may not vote,
570-7 deliberate, or be counted as a member in attendance at a meeting of
570-8 the board until the person completes a training program that
570-9 complies with this section.
570-10 (b) The training program must provide the person with
570-11 information regarding:
570-12 (1) the legislation that created the board;
570-13 (2) the programs operated by the board;
570-14 (3) the role and functions of the board;
570-15 (4) the rules of the board, with an emphasis on the
570-16 rules that relate to disciplinary and investigatory authority;
570-17 (5) the current budget for the board;
570-18 (6) the results of the most recent formal audit of the
570-19 board;
570-20 (7) the requirements of:
570-21 (A) the open meetings law, Chapter 551,
570-22 Government Code;
570-23 (B) the public information law, Chapter 552,
570-24 Government Code;
570-25 (C) the administrative procedure law, Chapter
570-26 2001, Government Code; and
570-27 (D) other laws relating to public officials,
571-1 including conflict of interest laws; and
571-2 (8) any applicable ethics policies adopted by the
571-3 board or the Texas Ethics Commission.
571-4 (c) A person appointed to the board is entitled to
571-5 reimbursement, as provided by the General Appropriations Act, for
571-6 the travel expenses incurred in attending the training program
571-7 regardless of whether the attendance at the program occurs before
571-8 or after the person qualifies for office.
571-9 (c) Section 17.03, Chapter 1411, Acts of the 76th
571-10 Legislature, Regular Session, 1999, is repealed.
571-11 SECTION 14.329. (a) Section 602.056, Occupations Code, is
571-12 amended to conform to Section 17.04, Chapter 1411, Acts of the 76th
571-13 Legislature, Regular Session, 1999, by amending Subsection (a) and
571-14 adding Subsection (c) to read as follows:
571-15 (a) It is a ground for removal from the board that a member
571-16 [does not]:
571-17 (1) does not have at the time of appointment the
571-18 qualifications required by Section 602.053 for appointment to the
571-19 board;
571-20 (2) does not maintain during service on the board the
571-21 qualifications required by Section 602.053 for appointment to the
571-22 board; [or]
571-23 (3) is ineligible for membership under Section
571-24 602.053(d) or Section 602.054;
571-25 (4) cannot, because of illness or disability,
571-26 discharge the member's duties for a substantial part of the
571-27 member's term; or
572-1 (5) does not attend at least half of the regularly
572-2 scheduled board meetings held in a calendar year, excluding
572-3 meetings held while the person was not a board member, without an
572-4 excuse approved by the board.
572-5 (c) If the commissioner of public health has knowledge that
572-6 a potential ground for removal exists, the commissioner shall
572-7 notify the presiding officer of the board of the potential ground.
572-8 The presiding officer shall then notify the governor and the
572-9 attorney general that a potential ground for removal exists. If
572-10 the potential ground for removal involves the presiding officer,
572-11 the commissioner shall notify the next highest ranking officer of
572-12 the board, who shall then notify the governor and the attorney
572-13 general that a potential ground for removal exists.
572-14 (b) Section 17.04, Chapter 1411, Acts of the 76th
572-15 Legislature, Regular Session, 1999, is repealed.
572-16 SECTION 14.330. (a) Section 602.058(a), Occupations Code, is
572-17 amended to conform to Section 17.05, Chapter 1411, Acts of the 76th
572-18 Legislature, Regular Session, 1999, to read as follows:
572-19 (a) The governor shall designate a member of the board as
572-20 the presiding officer of the board to serve in that capacity at the
572-21 will of the governor. At the first regularly scheduled meeting of
572-22 each calendar year, the board shall elect from its members [a
572-23 presiding officer and] an assistant presiding officer.
572-24 (b) Subchapter D, Chapter 602, Occupations Code, is amended
572-25 to conform to Section 17.05, Chapter 1411, Acts of the 76th
572-26 Legislature, Regular Session, 1999, by adding Section 602.1521 to
572-27 read as follows:
573-1 Sec. 602.1521. PUBLIC PARTICIPATION. The board shall
573-2 develop and implement policies that provide the public with a
573-3 reasonable opportunity to appear before the board and to speak on
573-4 any issue under the jurisdiction of the board.
573-5 (c) Section 17.05, Chapter 1411, Acts of the 76th
573-6 Legislature, Regular Session, 1999, is repealed.
573-7 SECTION 14.331. (a) Subchapter C, Chapter 602, Occupations
573-8 Code, is amended to conform to Section 17.06, Chapter 1411, Acts of
573-9 the 76th Legislature, Regular Session, 1999, by adding Section
573-10 602.104 to read as follows:
573-11 Sec. 602.104. DIVISION OF RESPONSIBILITIES. The board shall
573-12 develop and implement policies that clearly separate the
573-13 policy-making responsibilities of the board and the management
573-14 responsibilities of the commissioner of public health, the
573-15 executive secretary, and the staff of the department.
573-16 (b) Section 602.153, Occupations Code, is amended to conform
573-17 to Section 17.06, Chapter 1411, Acts of the 76th Legislature,
573-18 Regular Session, 1999, to read as follows:
573-19 Sec. 602.153. CONTINUING EDUCATION. The board shall
573-20 recognize, [may] prepare, or [and] administer [an optional]
573-21 continuing education programs [program] for persons licensed by the
573-22 board. A license holder must participate in the programs to the
573-23 extent required by the board to keep the person's license.
573-24 (c) Section 17.06, Chapter 1411, Acts of the 76th
573-25 Legislature, Regular Session, 1999, is repealed.
573-26 SECTION 14.332. (a) Section 602.152, Occupations Code, is
573-27 amended to conform to Section 17.07, Chapter 1411, Acts of the 76th
574-1 Legislature, Regular Session, 1999, and Section 9, Chapter 1444,
574-2 Acts of the 76th Legislature, Regular Session, 1999, by amending
574-3 Subsection (b) and adding Subsections (c) and (d) to read as
574-4 follows:
574-5 (b) The board shall maintain a file on each written
574-6 complaint filed with the board [showing the status and final
574-7 disposition of the complaint]. The file must include:
574-8 (1) the name of the person who filed the complaint;
574-9 (2) the date the complaint is received by the board;
574-10 (3) the subject matter of the complaint;
574-11 (4) the name of each person contacted in relation to
574-12 the complaint;
574-13 (5) a summary of the results of the review or
574-14 investigation of the complaint; and
574-15 (6) an explanation of the reason the file was closed,
574-16 if the board closed the file without taking action other than to
574-17 investigate the complaint.
574-18 (c) The board shall provide to the person filing the
574-19 complaint and to each person who is a subject of the complaint a
574-20 copy of the board's policies and procedures relating to complaint
574-21 investigation and resolution.
574-22 (d) The board, at least quarterly until final disposition of
574-23 the complaint, shall notify the person filing the complaint and
574-24 each person who is a subject of the complaint of the status of the
574-25 complaint unless the notice would jeopardize an undercover
574-26 investigation.
574-27 (b) Subchapter D, Chapter 602, Occupations Code, is amended
575-1 to conform to Section 9, Chapter 1444, Acts of the 76th
575-2 Legislature, Regular Session, 1999, by adding Section 602.1525 to
575-3 read as follows:
575-4 Sec. 602.1525. SUBPOENAS. (a) In an investigation of a
575-5 complaint filed with the board, the board may request that the
575-6 commissioner of public health or the commissioner's designee
575-7 approve the issuance of a subpoena. If the request is approved,
575-8 the board may issue a subpoena to compel the attendance of a
575-9 relevant witness or the production, for inspection or copying, of
575-10 relevant evidence that is in this state.
575-11 (b) A subpoena may be served personally or by certified
575-12 mail.
575-13 (c) If a person fails to comply with a subpoena, the board,
575-14 acting through the attorney general, may file suit to enforce the
575-15 subpoena in a district court in Travis County or in the county in
575-16 which a hearing conducted by the board may be held.
575-17 (d) On finding that good cause exists for issuing the
575-18 subpoena, the court shall order the person to comply with the
575-19 subpoena. The court may punish a person who fails to obey the
575-20 court order.
575-21 (e) The board may delegate the authority granted under
575-22 Subsection (a) to the executive secretary of the board.
575-23 (f) The board shall pay a reasonable fee for photocopies
575-24 subpoenaed under this section in an amount not to exceed the amount
575-25 the board may charge for copies of its records.
575-26 (g) The reimbursement of the expenses of a witness whose
575-27 attendance is compelled under this section is governed by Section
576-1 2001.103, Government Code.
576-2 (h) All information and materials subpoenaed or compiled by
576-3 the board in connection with a complaint and investigation are
576-4 confidential and not subject to disclosure under Chapter 552,
576-5 Government Code, and not subject to disclosure, discovery,
576-6 subpoena, or other means of legal compulsion for their release to
576-7 anyone other than the board or its agents or employees who are
576-8 involved in discipline of the holder of a license, except that this
576-9 information may be disclosed to:
576-10 (1) persons involved with the board in a disciplinary
576-11 action against the holder of a license;
576-12 (2) professional medical physics licensing or
576-13 disciplinary boards in other jurisdictions;
576-14 (3) peer assistance programs approved by the board
576-15 under Chapter 467, Health and Safety Code;
576-16 (4) law enforcement agencies; and
576-17 (5) persons engaged in bona fide research, if all
576-18 individual-identifying information has been deleted.
576-19 (i) The filing of formal charges by the board against a
576-20 holder of a license, the nature of those charges, disciplinary
576-21 proceedings of the board, and final disciplinary actions, including
576-22 warnings and reprimands, by the board are not confidential and are
576-23 subject to disclosure in accordance with Chapter 552, Government
576-24 Code.
576-25 (c) Subchapter D, Chapter 602, Occupations Code, is amended
576-26 to conform to Section 17.07, Chapter 1411, Acts of the 76th
576-27 Legislature, Regular Session, 1999, by adding Section 602.154 to
577-1 read as follows:
577-2 Sec. 602.154. RULES RELATING TO ADVERTISING OR COMPETITIVE
577-3 BIDDING. (a) The board may not adopt rules restricting advertising
577-4 or competitive bidding by a license holder except to prohibit
577-5 false, misleading, or deceptive practices.
577-6 (b) In its rules to prohibit false, misleading, or deceptive
577-7 practices, the board may not include a rule that:
577-8 (1) restricts the use of any medium for advertising;
577-9 (2) restricts the use of a license holder's personal
577-10 appearance or voice in an advertisement;
577-11 (3) relates to the size or duration of an
577-12 advertisement by the license holder; or
577-13 (4) restricts the license holder's advertisement under
577-14 a trade name.
577-15 (d) The following are repealed:
577-16 (1) Section 17.07, Chapter 1411, Acts of the 76th
577-17 Legislature, Regular Session, 1999; and
577-18 (2) Section 9, Chapter 1444, Acts of the 76th
577-19 Legislature, Regular Session, 1999.
577-20 SECTION 14.333. (a) Subchapter C, Chapter 602, Occupations
577-21 Code, is amended to conform to Section 17.08, Chapter 1411, Acts of
577-22 the 76th Legislature, Regular Session, 1999, by adding Section
577-23 602.105 to read as follows:
577-24 Sec. 602.105. QUALIFICATIONS AND STANDARDS OF CONDUCT
577-25 INFORMATION. The commissioner of public health or the
577-26 commissioner's designee shall provide to members of the board, as
577-27 often as necessary, information regarding the requirements for
578-1 office under this chapter, including information regarding a
578-2 person's responsibilities under applicable laws relating to
578-3 standards of conduct for state officers.
578-4 (b) Section 17.08, Chapter 1411, Acts of the 76th
578-5 Legislature, Regular Session, 1999, is repealed.
578-6 SECTION 14.334. (a) Section 602.211, Occupations Code, is
578-7 amended to conform to Section 17.09, Chapter 1411, Acts of the 76th
578-8 Legislature, Regular Session, 1999, to read as follows:
578-9 Sec. 602.211. LICENSE BY ENDORSEMENT OR RECIPROCITY. (a) On
578-10 receipt of an application and fee under Section 602.203, the board
578-11 may waive any prerequisite for obtaining [issue] a license to a
578-12 person who holds a license to practice medical or radiological
578-13 physics in another state, territory, or jurisdiction acceptable to
578-14 the board that has requirements for the licensing of medical or
578-15 radiological physicists that are substantially the same as the
578-16 requirements of this chapter.
578-17 (b) The board may waive any prerequisite for obtaining a
578-18 license to practice medical physics in this state for an applicant
578-19 who holds a license issued by another jurisdiction with which this
578-20 state has a reciprocity agreement. The board may make an agreement,
578-21 subject to the approval of the governor, with another state to
578-22 allow for licensing by reciprocity.
578-23 (b) Section 17.09, Chapter 1411, Acts of the 76th
578-24 Legislature, Regular Session, 1999, is repealed.
578-25 SECTION 14.335. (a) Subchapter E, Chapter 602, Occupations
578-26 Code, is amended to conform to Section 17.12, Chapter 1411, Acts of
578-27 the 76th Legislature, Regular Session, 1999, by adding Section
579-1 602.213 to read as follows:
579-2 Sec. 602.213. PROVISIONAL LICENSE. (a) The board may issue
579-3 a provisional license to an applicant currently licensed or
579-4 certified in another jurisdiction who seeks a license in this state
579-5 and who:
579-6 (1) has been licensed or certified in good standing as
579-7 a practitioner of medical or radiologic physics for at least two
579-8 years in another jurisdiction, including a foreign country, that
579-9 has licensing or certification requirements substantially
579-10 equivalent to the requirements of this chapter;
579-11 (2) has passed a national or other examination
579-12 recognized by the board relating to the practice of medical or
579-13 radiologic physics; and
579-14 (3) is sponsored by a person licensed by the board
579-15 under this chapter with whom the provisional license holder will
579-16 practice during the time the person holds a provisional license.
579-17 (b) The board may waive the requirement of Subsection (a)(3)
579-18 for an applicant if the board determines that compliance with that
579-19 subsection would be a hardship to the applicant.
579-20 (c) A provisional license is valid until the date the board
579-21 approves or denies the provisional license holder's application for
579-22 a license. The board shall issue a license under this chapter to
579-23 the provisional license holder if:
579-24 (1) the provisional license holder is eligible to be
579-25 certified under Section 602.211; or
579-26 (2) the provisional license holder passes the part of
579-27 the examination under Section 602.206 that relates to the
580-1 applicant's knowledge and understanding of the laws and rules
580-2 relating to the practice of medical physics in this state and:
580-3 (A) the board verifies that the provisional
580-4 license holder meets the academic and experience requirements for a
580-5 license under this chapter; and
580-6 (B) the provisional license holder satisfies any
580-7 other licensing requirements under this chapter.
580-8 (d) The board must approve or deny a provisional license
580-9 holder's application for a license not later than the 180th day
580-10 after the date the provisional license is issued. The board may
580-11 extend the 180-day period if the results of an examination have not
580-12 been received by the board before the end of that period.
580-13 (e) The board may establish a fee for provisional licenses
580-14 in an amount reasonable and necessary to cover the cost of issuing
580-15 the license.
580-16 (b) Section 17.12, Chapter 1411, Acts of the 76th
580-17 Legislature, Regular Session, 1999, is repealed.
580-18 SECTION 14.336. (a) Section 602.251, Occupations Code, is
580-19 amended to conform to Section 17.10, Chapter 1411, Acts of the 76th
580-20 Legislature, Regular Session, 1999, to read as follows:
580-21 Sec. 602.251. GROUNDS FOR LICENSE DENIAL OR DISCIPLINARY
580-22 ACTION. The board shall [may] refuse to issue or renew a license,
580-23 suspend or revoke a license, or reprimand a license holder[, or
580-24 place a license holder on probation] for:
580-25 (1) obtaining or renewing a license by means of fraud,
580-26 misrepresentation, or concealment of a material fact;
580-27 (2) having previously applied for or held a license
581-1 issued by the licensing authority of another state, territory, or
581-2 jurisdiction that was denied, suspended, or revoked by that
581-3 licensing authority;
581-4 (3) engaging in unprofessional conduct that endangered
581-5 or is likely to endanger the health, safety, or welfare of the
581-6 public as defined by board rule;
581-7 (4) violating this chapter, a lawful order or rule of
581-8 the board, or the board's code of ethics; or
581-9 (5) being convicted of:
581-10 (A) a felony; or
581-11 (B) a misdemeanor involving moral turpitude or
581-12 that directly relates to the person's duties as a licensed medical
581-13 physicist.
581-14 (b) Subchapter F, Chapter 602, Occupations Code, is amended
581-15 to conform to Section 17.10, Chapter 1411, Acts of the 76th
581-16 Legislature, Regular Session, 1999, by adding Section 602.253 to
581-17 read as follows:
581-18 Sec. 602.253. PROBATION. The board may place on probation a
581-19 person whose license is suspended. If a license suspension is
581-20 probated, the board may require the person to:
581-21 (1) report regularly to the department on matters that
581-22 are the basis of the probation;
581-23 (2) limit practice to the areas prescribed by the
581-24 board; or
581-25 (3) continue or review professional education until
581-26 the person attains a degree of skill satisfactory to the board in
581-27 those areas that are the basis of the probation.
582-1 (c) Section 17.10, Chapter 1411, Acts of the 76th
582-2 Legislature, Regular Session, 1999, is repealed.
582-3 SECTION 14.337. (a) Chapter 602, Occupations Code, is
582-4 amended to conform to Section 17.11, Chapter 1411, Acts of the 76th
582-5 Legislature, Regular Session, 1999, by adding Subchapter H to read
582-6 as follows:
582-7 SUBCHAPTER H. ADMINISTRATIVE PENALTY
582-8 Sec. 602.351. IMPOSITION OF ADMINISTRATIVE PENALTY. (a) The
582-9 board may impose an administrative penalty on a person licensed
582-10 under this chapter who violates this chapter or a rule or order
582-11 adopted under this chapter. A penalty collected under this
582-12 subchapter shall be deposited in the state treasury in the general
582-13 revenue fund.
582-14 (b) A proceeding to impose the penalty is considered to be a
582-15 contested case under Chapter 2001, Government Code.
582-16 (c) The amount of the penalty may not exceed $500 for each
582-17 violation, and each day a violation continues or occurs is a
582-18 separate violation for purposes of imposing a penalty. The total
582-19 amount of the penalty assessed for a violation continuing or
582-20 occurring on separate days under this subsection may not exceed
582-21 $2,500.
582-22 (d) The amount shall be based on:
582-23 (1) the seriousness of the violation, including the
582-24 nature, circumstances, extent, and gravity of the violation;
582-25 (2) the threat to health or safety caused by the
582-26 violation;
582-27 (3) the history of previous violations;
583-1 (4) the amount necessary to deter a future violation;
583-2 (5) whether the violator demonstrated good faith,
583-3 including, when applicable, whether the violator made good faith
583-4 efforts to correct the violation; and
583-5 (6) any other matter that justice may require.
583-6 (e) If the executive secretary determines that a violation
583-7 occurred, the executive secretary shall give written notice of the
583-8 report by certified mail to the person.
583-9 (f) The notice under Subsection (e) must:
583-10 (1) include a brief summary of the alleged violation;
583-11 (2) state the amount of the recommended penalty; and
583-12 (3) inform the person of the person's right to a
583-13 hearing on the occurrence of the violation, the amount of the
583-14 penalty, or both.
583-15 (g) Within 20 days after the date the person receives the
583-16 notice under Subsection (e), the person in writing may:
583-17 (1) accept the determination and recommended penalty
583-18 of the executive secretary; or
583-19 (2) make a request for a hearing on the occurrence of
583-20 the violation, the amount of the penalty, or both.
583-21 (h) If the person accepts the determination and recommended
583-22 penalty or if the person fails to respond to the notice, the board
583-23 by order shall approve the determination and impose the recommended
583-24 penalty.
583-25 (i) If the person requests a hearing, the board shall refer
583-26 the matter to the State Office of Administrative Hearings, which
583-27 shall promptly set a hearing date and give written notice of the
584-1 time and place of the hearing to the person. An administrative law
584-2 judge of the State Office of Administrative Hearings shall conduct
584-3 the hearing.
584-4 (j) The administrative law judge shall make findings of fact
584-5 and conclusions of law and promptly issue to the board a proposal
584-6 for a decision about the occurrence of the violation and the amount
584-7 of a proposed penalty.
584-8 (k) Based on the findings of fact, conclusions of law, and
584-9 proposal for a decision, the board by order may determine that:
584-10 (1) a violation occurred and impose a penalty; or
584-11 (2) a violation did not occur.
584-12 (l) The notice of the board's order under Subsection (k)
584-13 that is sent to the person in accordance with Chapter 2001,
584-14 Government Code, must include a statement of the right of the
584-15 person to judicial review of the order.
584-16 Sec. 602.352. PAYMENT AND COLLECTION OF ADMINISTRATIVE
584-17 PENALTY; JUDICIAL REVIEW. (a) Within 30 days after the date an
584-18 order of the board under Section 602.351(k) that imposes an
584-19 administrative penalty becomes final, the person shall:
584-20 (1) pay the penalty; or
584-21 (2) file a petition for judicial review of the board's
584-22 order contesting the occurrence of the violation, the amount of the
584-23 penalty, or both.
584-24 (b) Within the 30-day period prescribed by Subsection (a), a
584-25 person who files a petition for judicial review may:
584-26 (1) stay enforcement of the penalty by:
584-27 (A) paying the penalty to the court for
585-1 placement in an escrow account; or
585-2 (B) giving the court a supersedeas bond approved
585-3 by the court that is:
585-4 (i) for the amount of the penalty; and
585-5 (ii) effective until all judicial review
585-6 of the board's order is final; or
585-7 (2) request the court to stay enforcement of the
585-8 penalty by:
585-9 (A) filing with the court a sworn affidavit of
585-10 the person stating that the person is financially unable to pay the
585-11 penalty and is financially unable to give the supersedeas bond; and
585-12 (B) sending a copy of the affidavit to the board
585-13 by certified mail.
585-14 (c) If the board receives a copy of an affidavit under
585-15 Subsection (b)(2), the board may file with the court, within five
585-16 days after the date the copy is received, a contest to the
585-17 affidavit. The court shall hold a hearing on the facts alleged in
585-18 the affidavit as soon as practicable and shall stay the enforcement
585-19 of the penalty on finding that the alleged facts are true. The
585-20 person who files an affidavit has the burden of proving that the
585-21 person is financially unable to pay the penalty or to give a
585-22 supersedeas bond.
585-23 (d) If the person does not pay the penalty and the
585-24 enforcement of the penalty is not stayed, the penalty may be
585-25 collected. The attorney general may sue to collect the penalty.
585-26 (e) If the court sustains the determination that a violation
585-27 occurred, the court may uphold or reduce the amount of the penalty
586-1 and order the person to pay the full or reduced amount of the
586-2 penalty.
586-3 (f) If the court does not sustain the determination that a
586-4 violation occurred, the court shall order that a penalty is not
586-5 owed.
586-6 (g) If the person paid the penalty and if the amount of the
586-7 penalty is reduced or the penalty is not upheld by the court, the
586-8 court shall order, when the court's judgment becomes final, that
586-9 the appropriate amount plus accrued interest be remitted to the
586-10 person within 30 days after the date that the judgment of the court
586-11 becomes final. The interest accrues at the rate charged on loans to
586-12 depository institutions by the New York Federal Reserve Bank. The
586-13 interest shall be paid for the period beginning on the date the
586-14 penalty is paid and ending on the date the penalty is remitted.
586-15 (h) If the person gave a supersedeas bond and the penalty is
586-16 not upheld by the court, the court shall order, when the court's
586-17 judgment becomes final, the release of the bond. If the person gave
586-18 a supersedeas bond and the amount of the penalty is reduced, the
586-19 court shall order the release of the bond after the person pays the
586-20 reduced amount.
586-21 (b) Section 17.11, Chapter 1411, Acts of the 76th
586-22 Legislature, Regular Session, 1999, is repealed.
586-23 SECTION 14.338. (a) Subchapter E, Chapter 603, Occupations
586-24 Code, is amended to conform to Section 10, Chapter 1444, Acts of
586-25 the 76th Legislature, Regular Session, 1999, by adding Section
586-26 603.2041 to read as follows:
586-27 Sec. 603.2041. SUBPOENAS. (a) In an investigation of a
587-1 complaint filed with the board, the board may request that the
587-2 commissioner or the commissioner's designee approve the issuance of
587-3 a subpoena. If the request is approved, the board may issue a
587-4 subpoena to compel the attendance of a relevant witness or the
587-5 production, for inspection or copying, of relevant evidence that is
587-6 in this state.
587-7 (b) A subpoena may be served personally or by certified
587-8 mail.
587-9 (c) If a person fails to comply with a subpoena, the board,
587-10 acting through the attorney general, may file suit to enforce the
587-11 subpoena in a district court in Travis County or in the county in
587-12 which a hearing conducted by the board may be held.
587-13 (d) On finding that good cause exists for issuing the
587-14 subpoena, the court shall order the person to comply with the
587-15 subpoena. The court may punish a person who fails to obey the
587-16 court order.
587-17 (e) The board may delegate the authority granted under
587-18 Subsection (a) to the executive secretary of the board.
587-19 (f) The board shall pay a reasonable fee for photocopies
587-20 subpoenaed under this section in an amount not to exceed the amount
587-21 the board may charge for copies of its records.
587-22 (g) The reimbursement of the expenses of a witness whose
587-23 attendance is compelled under this section is governed by Section
587-24 2001.103, Government Code.
587-25 (h) All information and materials subpoenaed or compiled by
587-26 the board in connection with a complaint and investigation are
587-27 confidential and not subject to disclosure under Chapter 552,
588-1 Government Code, and not subject to disclosure, discovery,
588-2 subpoena, or other means of legal compulsion for their release to
588-3 anyone other than the board or its agents or employees involved in
588-4 discipline of the holder of a license, except that this information
588-5 may be disclosed to:
588-6 (1) persons involved with the board in a disciplinary
588-7 action against the holder of a license;
588-8 (2) professional perfusionist licensing or
588-9 disciplinary boards in other jurisdictions;
588-10 (3) peer assistance programs approved by the board
588-11 under Chapter 467, Health and Safety Code;
588-12 (4) law enforcement agencies; and
588-13 (5) persons engaged in bona fide research, if all
588-14 individual-identifying information has been deleted.
588-15 (i) The filing of formal charges by the board against a
588-16 holder of a license, the nature of those charges, disciplinary
588-17 proceedings of the board, and final disciplinary actions, including
588-18 warnings and reprimands, by the board are not confidential and are
588-19 subject to disclosure in accordance with Chapter 552, Government
588-20 Code.
588-21 (b) Section 10, Chapter 1444, Acts of the 76th Legislature,
588-22 Regular Session, 1999, is repealed.
588-23 SECTION 14.339. (a) Sections 604.052(b)-(d), Occupations
588-24 Code, are amended to conform to Section 14.01, Chapter 1411, Acts
588-25 of the 76th Legislature, Regular Session, 1999, to read as follows:
588-26 (b) [The board by rule shall establish examination
588-27 requirements for a certificate under this chapter. The board may
589-1 use the entry level examination prepared by the National Board for
589-2 Respiratory Care or an equivalent examination.]
589-3 [(c)] The board may adopt rules necessary to implement this
589-4 chapter.
589-5 (c) [(d)] The board may adopt rules relating to certifying,
589-6 examining, or disciplining a person under this chapter only if
589-7 necessary to protect the public health by ensuring that only a
589-8 qualified person practices respiratory care.
589-9 (b) Subchapter B, Chapter 604, Occupations Code, is amended
589-10 to conform to Section 14.01, Chapter 1411, Acts of the 76th
589-11 Legislature, Regular Session, 1999, by adding Section 604.057 to
589-12 read as follows:
589-13 Sec. 604.057. RULES REGARDING ADVERTISING OR COMPETITIVE
589-14 BIDDING. (a) The board may not adopt rules restricting advertising
589-15 or competitive bidding by a temporary permit or certificate holder
589-16 except to prohibit false, misleading, or deceptive practices.
589-17 (b) In its rules to prohibit false, misleading, or deceptive
589-18 practices, the board may not include a rule that:
589-19 (1) restricts the use of any medium for advertising;
589-20 (2) restricts the use of a temporary permit or
589-21 certificate holder's personal appearance or voice in an
589-22 advertisement;
589-23 (3) relates to the size or duration of an
589-24 advertisement by the temporary permit or certificate holder; or
589-25 (4) restricts the temporary permit or certificate
589-26 holder's advertisement under a trade name.
589-27 (c) Subchapter C, Chapter 604, Occupations Code, is amended
590-1 to conform to Section 14.01, Chapter 1411, Acts of the 76th
590-2 Legislature, Regular Session, 1999, by adding Sections 604.1041 and
590-3 604.1042 to read as follows:
590-4 Sec. 604.1041. EXAMINATION. The board by rule shall
590-5 establish examination requirements for a certificate under this
590-6 chapter. The board may use the entry level examination prepared by
590-7 the National Board for Respiratory Care or an equivalent
590-8 examination.
590-9 Sec. 604.1042. NOTIFICATION OF EXAMINATION RESULTS. (a) Not
590-10 later than the 30th day after the date a person takes a
590-11 certification examination under this chapter, the department shall
590-12 notify the person of the results of the examination.
590-13 (b) If the examination is graded or reviewed by a testing
590-14 service, the department shall notify the person of the results of
590-15 the examination not later than the 14th day after the date the
590-16 department receives the results from the testing service. If
590-17 notice of the examination results will be delayed for longer than
590-18 90 days after the examination date, the department shall notify the
590-19 person of the reason for the delay before the 90th day.
590-20 (c) The department may require a testing service to notify a
590-21 person of the results of the person's examination.
590-22 (d) If requested in writing by a person who fails a
590-23 certification examination administered under this chapter, the
590-24 department shall furnish the person with an analysis of the
590-25 person's performance on the examination.
590-26 (d) Section 14.01, Chapter 1411, Acts of the 76th
590-27 Legislature, Regular Session, 1999, is repealed.
591-1 SECTION 14.340. (a) Section 604.108, Occupations Code, is
591-2 amended to conform to Section 14.02, Chapter 1411, Acts of the 76th
591-3 Legislature, Regular Session, 1999, to read as follows:
591-4 Sec. 604.108. ISSUANCE OF TEMPORARY PERMIT; RENEWAL. (a)
591-5 The department shall issue a temporary permit to an applicant who
591-6 meets the requirements of Sections 604.103 and 604.107 and pays the
591-7 permit fee.
591-8 (b) A temporary permit is valid for the period set by board
591-9 rule. The period may not be less than six months or more than 12
591-10 months.
591-11 (c) A person whose certificate or temporary permit has
591-12 expired may not engage in activities that require a certificate or
591-13 temporary permit until the certificate or temporary permit has been
591-14 renewed.
591-15 (b) Subchapter D, Chapter 604, Occupations Code, is amended
591-16 to conform to Section 14.02, Chapter 1411, Acts of the 76th
591-17 Legislature, Regular Session, 1999, by adding Sections 604.1521 and
591-18 604.1522 to read as follows:
591-19 Sec. 604.1521. PROCEDURE FOR RENEWAL. (a) A person whose
591-20 certificate has been expired for 90 days or less may renew the
591-21 certificate by paying to the department a renewal fee that is equal
591-22 to 1-1/2 times the normally required renewal fee.
591-23 (b) A person whose certificate has been expired for more
591-24 than 90 days but less than one year may renew the certificate by
591-25 paying to the department a renewal fee that is equal to two times
591-26 the normally required renewal fee.
591-27 (c) A person whose certificate has been expired for one year
592-1 or more may not renew the certificate. The person may obtain a new
592-2 certificate by complying with the requirements and procedures,
592-3 including the examination requirements, for obtaining an original
592-4 certificate.
592-5 Sec. 604.1522. RENEWAL OF CERTIFICATE BY OUT-OF-STATE
592-6 PRACTITIONER. (a) A person who was certified in this state, moved
592-7 to another state, and is currently certified and has been in
592-8 practice in the other state for the two years preceding the date of
592-9 application may obtain a new certificate without reexamination.
592-10 (b) The person must pay to the department a fee that is
592-11 equal to two times the normally required renewal fee for the
592-12 certificate.
592-13 (c) Section 604.155, Occupations Code, is repealed to
592-14 conform to Section 14.02, Chapter 1411, Acts of the 76th
592-15 Legislature, Regular Session, 1999.
592-16 (d) Section 14.02, Chapter 1411, Acts of the 76th
592-17 Legislature, Regular Session, 1999, is repealed.
592-18 SECTION 14.341. (a) Section 604.151, Occupations Code, is
592-19 amended to conform to Section 14.03, Chapter 1411, Acts of the 76th
592-20 Legislature, Regular Session, 1999, to read as follows:
592-21 Sec. 604.151. ANNUAL OR BIENNIAL CERTIFICATE RENEWAL.
592-22 (a) Except as otherwise provided by this subchapter, a certificate
592-23 to practice respiratory care must be renewed annually or biennially
592-24 as determined by the board.
592-25 (b) The board by rule may adopt a system under which
592-26 certificates expire on various dates during the year. For the year
592-27 in which the certificate expiration date is changed, the department
593-1 shall prorate certificate fees on a monthly basis so that each
593-2 certificate holder pays only that portion of the certificate fee
593-3 that is allocable to the number of months during which the
593-4 certificate is valid. On renewal of the certificate on the new
593-5 expiration date, the total certificate renewal fee is payable.
593-6 (b) Section 14.03, Chapter 1411, Acts of the 76th
593-7 Legislature, Regular Session, 1999, is repealed.
593-8 SECTION 14.342. (a) Section 605.106, Occupations Code, is
593-9 amended to conform to Section 10, Chapter 20, Acts of the 76th
593-10 Legislature, Regular Session, 1999, to read as follows:
593-11 Sec. 605.106. RECORDS AND REGISTER. (a) The executive
593-12 director shall keep a record of each board meeting and maintain a
593-13 register containing the name of each person holding a license under
593-14 this chapter. The record and register shall be open at all times
593-15 to public inspection.
593-16 (b) [On March 1 of each year, the executive director shall
593-17 send an official copy of the register of license holders to the
593-18 secretary of state to be maintained as a permanent record.]
593-19 [(c)] A certified copy of the register is admissible as
593-20 evidence in any court of this state.
593-21 (b) Section 10, Chapter 20, Acts of the 76th Legislature,
593-22 Regular Session, 1999, is repealed.
593-23 SECTION 14.343. (a) Section 605.151, Occupations Code, is
593-24 amended to conform to Section 13, Chapter 1444, Acts of the 76th
593-25 Legislature, Regular Session, 1999, to read as follows:
593-26 Sec. 605.151. GENERAL POWERS OF BOARD. The board may:
593-27 (1) investigate complaints;
594-1 (2) issue, suspend, deny, and revoke licenses;
594-2 (3) reprimand license holders and place license
594-3 holders on probation;
594-4 (4) in connection with a hearing under Section
594-5 605.353, issue subpoenas;
594-6 (5) hold hearings; and
594-7 (6) use personnel, facilities, furniture, equipment,
594-8 and other items supplied by the department to administer this
594-9 chapter.
594-10 (b) Section 13, Chapter 1444, Acts of the 76th Legislature,
594-11 Regular Session, 1999, is repealed.
594-12 SECTION 14.344. (a) Subchapter E, Chapter 605, Occupations
594-13 Code, is amended to conform to Section 14, Chapter 1444, Acts of
594-14 the 76th Legislature, Regular Session, 1999, by adding Section
594-15 605.2021 to read as follows:
594-16 Sec. 605.2021. SUBPOENAS. (a) In an investigation of a
594-17 complaint filed with the board, the board may request that the
594-18 commissioner or the commissioner's designee approve the issuance of
594-19 a subpoena. If the request is approved, the board may issue a
594-20 subpoena to compel the attendance of a relevant witness or the
594-21 production, for inspection or copying, of relevant evidence that is
594-22 in this state.
594-23 (b) A subpoena may be served personally or by certified
594-24 mail.
594-25 (c) If a person fails to comply with a subpoena, the board,
594-26 acting through the attorney general, may file suit to enforce the
594-27 subpoena in a district court in Travis County or in the county in
595-1 which a hearing conducted by the board may be held.
595-2 (d) On finding that good cause exists for issuing the
595-3 subpoena, the court shall order the person to comply with the
595-4 subpoena. The court may punish a person who fails to obey the
595-5 court order.
595-6 (e) The board may delegate the authority granted under
595-7 Subsection (a) to the executive director of the board.
595-8 (f) The board shall pay a reasonable fee for photocopies
595-9 subpoenaed under this section in an amount not to exceed the amount
595-10 the board may charge for copies of its records.
595-11 (g) The reimbursement of the expenses of a witness whose
595-12 attendance is compelled under this section is governed by Section
595-13 2001.103, Government Code.
595-14 (h) All information and materials subpoenaed or compiled by
595-15 the board in connection with a complaint and investigation are
595-16 confidential and not subject to disclosure under Chapter 552,
595-17 Government Code, and not subject to disclosure, discovery,
595-18 subpoena, or other means of legal compulsion for their release to
595-19 anyone other than the board or its employees or agents involved in
595-20 discipline of the holder of a license, except that this information
595-21 may be disclosed to:
595-22 (1) persons involved with the board in a disciplinary
595-23 action against the holder of a license;
595-24 (2) professional orthotist or prosthetist disciplinary
595-25 boards in other jurisdictions;
595-26 (3) peer assistance programs approved by the board
595-27 under Chapter 467, Health and Safety Code;
596-1 (4) law enforcement agencies; and
596-2 (5) persons engaged in bona fide research, if all
596-3 individual-identifying information has been deleted.
596-4 (i) The filing of formal charges by the board against a
596-5 holder of a license, the nature of those charges, disciplinary
596-6 proceedings of the board, and final disciplinary actions, including
596-7 warnings and reprimands, by the board are not confidential and are
596-8 subject to disclosure in accordance with Chapter 552, Government
596-9 Code.
596-10 (b) Section 14, Chapter 1444, Acts of the 76th Legislature,
596-11 Regular Session, 1999, is repealed.
596-12 PART 13. CHANGES RELATING TO SUBTITLE L, TITLE 3,
596-13 OCCUPATIONS CODE
596-14 SECTION 14.371. (a) Section 651.002, Occupations Code, is
596-15 amended to conform to Section 1, Chapter 1201, Acts of the 76th
596-16 Legislature, Regular Session, 1999, to read as follows:
596-17 Sec. 651.002. APPLICATION OF SUNSET ACT. The Texas Funeral
596-18 Service Commission is subject to Chapter 325, Government Code
596-19 (Texas Sunset Act). Unless continued in existence as provided by
596-20 that chapter, the commission is abolished and this chapter expires
596-21 September 1, 2001 [2003].
596-22 (b) Section 1, Chapter 1201, Acts of the 76th Legislature,
596-23 Regular Session, 1999, is repealed.
596-24 SECTION 14.372. (a) Section 651.051(a), Occupations Code, is
596-25 amended to conform to Section 2, Chapter 1476, Acts of the 76th
596-26 Legislature, Regular Session, 1999, to read as follows:
596-27 (a) The Texas Funeral Service Commission consists of six
597-1 [nine] members appointed by the governor, with the advice and
597-2 consent of the senate as follows:
597-3 (1) two [three] members who are licensed as both an
597-4 embalmer and a funeral director [embalmers with embalming
597-5 experience] in this state for at least the five years preceding
597-6 appointment to the commission; and
597-7 (2) four [one member who is an embalmer or a funeral
597-8 director with experience embalming or funeral directing, as
597-9 applicable, in this state for at least the five years preceding
597-10 appointment to the commission; and]
597-11 [(3) five] members who represent the public and who:
597-12 (A) are not regulated under this chapter; and
597-13 (B) have consistently shown an interest in
597-14 supporting consumer protection.
597-15 (b) Section 2, Chapter 1476, Acts of the 76th Legislature,
597-16 Regular Session, 1999, is repealed.
597-17 SECTION 14.373. (a) Section 651.053, Occupations Code, is
597-18 amended to conform to Sections 5 and 6, Chapter 1476, Acts of the
597-19 76th Legislature, Regular Session, 1999, by amending Subsection (f)
597-20 and adding Subsection (g) to read as follows:
597-21 (f) A violation of Subsection (e) that occurs after a member
597-22 is appointed constitutes a vacancy of each of those members'
597-23 positions, as of the date of the completion of the merger or other
597-24 agreement. The vacancy shall be filled by the governor as soon as
597-25 practicable. A member appointed to fill a vacancy under this
597-26 subsection serves for the remainder of the vacated term.
597-27 (g) A person may not serve as a member of the commission [or
598-1 act as the general counsel to the commission] if the person is
598-2 required to register as a lobbyist under Chapter 305, Government
598-3 Code, because of the person's activities for compensation on behalf
598-4 of a profession related to the operation of the commission.
598-5 (b) Sections 5 and 6, Chapter 1476, Acts of the 76th
598-6 Legislature, Regular Session, 1999, are repealed.
598-7 SECTION 14.374. (a) Section 651.054(a), Occupations Code, is
598-8 amended to conform to Section 3, Chapter 1476, Acts of the 76th
598-9 Legislature, Regular Session, 1999, to read as follows:
598-10 (a) Members of the commission serve staggered six-year
598-11 terms, with the terms of one-third of the members expiring in each
598-12 odd-numbered year. A member may not be appointed for more than one
598-13 full term, except that a member appointed to fill an unexpired term
598-14 with less than three years remaining in the unexpired term may be
598-15 reappointed to the commission for one full term.
598-16 (b) Section 3, Chapter 1476, Acts of the 76th Legislature,
598-17 Regular Session, 1999, is repealed.
598-18 SECTION 14.375. (a) Sections 651.057(a) and (b), Occupations
598-19 Code, are amended to conform to Section 7, Chapter 1476, Acts of
598-20 the 76th Legislature, Regular Session, 1999, to read as follows:
598-21 (a) The governor shall designate one public member of the
598-22 commission [commissioner] as the presiding officer of the
598-23 commission to serve in that capacity at the pleasure of the
598-24 governor.
598-25 (b) After 30 days' written notice is given to the
598-26 commissioners, the commission shall elect from its public members
598-27 an assistant presiding officer [and secretary]. The assistant
599-1 presiding officer serves [and the secretary serve] in that capacity
599-2 for one year.
599-3 (b) Section 7, Chapter 1476, Acts of the 76th Legislature,
599-4 Regular Session, 1999, is repealed.
599-5 SECTION 14.376. (a) Section 651.059, Occupations Code, is
599-6 amended to conform to Sections 10, 12, and 27, Chapter 1476, Acts
599-7 of the 76th Legislature, Regular Session, 1999, to read as follows:
599-8 Sec. 651.059. MEETINGS; NOTICE. (a) The commission shall
599-9 meet in regular session in Austin at least once [twice] each
599-10 calendar quarter [year] to transact business.
599-11 (b) The commission may hold a special meeting or hearing on
599-12 the call of the presiding officer, assistant presiding officer, or
599-13 three members [commissioners]. The person calling the special
599-14 meeting or hearing shall determine the time and place of the
599-15 meeting or hearing.
599-16 (c) Notice of the time, place, and purpose of a regular
599-17 meeting of the commission must be filed with the Texas Register at
599-18 least seven days before the date of the meeting. All meetings,
599-19 including meetings of the committees of the members, are open and
599-20 public.
599-21 (d) The commission's duties under Chapter 551, Government
599-22 Code, include the requirement under Sections 551.021 and 551.022 of
599-23 that code to prepare and maintain the minutes of each open meeting.
599-24 (b) Section 651.204, Occupations Code, is amended to conform
599-25 to Section 10, Chapter 1476, Acts of the 76th Legislature, Regular
599-26 Session, 1999, by adding Subsection (c) to read as follows:
599-27 (c) A member of the public is not required to provide notice
600-1 to the commission before appearing and speaking before the
600-2 commission.
600-3 (c) Sections 10, 12, and 27, Chapter 1476, Acts of the 76th
600-4 Legislature, Regular Session, 1999, are repealed.
600-5 SECTION 14.377. (a) Subchapter B, Chapter 651, Occupations
600-6 Code, is amended to conform to Section 9, Chapter 1476, Acts of the
600-7 76th Legislature, Regular Session, 1999, by adding Section 651.060
600-8 to read as follows:
600-9 Sec. 651.060. LEGAL REPRESENTATION. (a) The attorney general
600-10 shall designate at least one employee of the attorney general's
600-11 office to advise the commission and to represent the commission in
600-12 legal proceedings.
600-13 (b) The commission may not employ legal counsel except as
600-14 provided by Section 402.0212, Government Code.
600-15 (b) Section 651.101, Occupations Code, is amended to conform
600-16 to Section 9, Chapter 1476, Acts of the 76th Legislature, Regular
600-17 Session, 1999, by amending Subsection (a) and adding Subsection (c)
600-18 to read as follows:
600-19 (a) The commission shall [may] employ and supervise an
600-20 executive director [as determined by the commission] to manage the
600-21 administrative affairs of the commission under [be necessary to
600-22 administer] this chapter. The commission shall determine the terms
600-23 and conditions [expenses] of the executive director's employment
600-24 and set the executive director's salary at an amount not to exceed
600-25 the maximum salary for the position as set in the General
600-26 Appropriations Act. In the absence of an executive director, the
600-27 commission may appoint an acting executive director.
601-1 (c) The commission may delegate the commissioners' duties to
601-2 the executive director.
601-3 (c) Section 651.102, Occupations Code, is amended to conform
601-4 to Section 9, Chapter 1476, Acts of the 76th Legislature, Regular
601-5 Session, 1999, to read as follows:
601-6 Sec. 651.102. PERSONNEL. The commission may employ
601-7 inspectors and[,] clerical and technical assistants[, and legal
601-8 counsel, other than the attorney general,] as the commission
601-9 determines to be necessary to administer this chapter. The
601-10 commission shall determine the terms and expenses of its employees.
601-11 (d) Section 9, Chapter 1476, Acts of the 76th Legislature,
601-12 Regular Session, 1999, is repealed.
601-13 SECTION 14.378. (a) Section 651.103, Occupations Code, is
601-14 amended to conform to Section 22, Chapter 1476, Acts of the 76th
601-15 Legislature, Regular Session, 1999, to read as follows:
601-16 Sec. 651.103. INVESTIGATORS. [(a)] The commission shall
601-17 employ [or contract for the services of] one or more persons to
601-18 investigate complaints received by the commission, including
601-19 consumer interest complaints.
601-20 [(b) An employee of the commission who serves as an
601-21 investigator must:]
601-22 [(1) hold a private investigator license in this
601-23 state;]
601-24 [(2) have previously held a license as a private
601-25 investigator under state or federal law; or]
601-26 [(3) have previously been employed by a local, state,
601-27 or federal law enforcement agency as an investigator.]
602-1 [(c) A person serving as an investigator in a contractual
602-2 capacity must hold a private investigator license in this state.]
602-3 [(d) A person subject to regulation under this chapter may
602-4 not serve as an investigator for the commission.]
602-5 (b) Section 651.203(b), Occupations Code, is amended to
602-6 conform to Section 22, Chapter 1476, Acts of the 76th Legislature,
602-7 Regular Session, 1999, to read as follows:
602-8 (b) Information in a file maintained under this section,
602-9 other than information relating to a [obtained by the commission
602-10 after investigating the] complaint that has not reached a final
602-11 disposition, is public information. [Information obtained after
602-12 investigating the complaint is not public information.]
602-13 (c) Section 22, Chapter 1476, Acts of the 76th Legislature,
602-14 Regular Session, 1999, is repealed.
602-15 SECTION 14.379. (a) Section 651.106, Occupations Code, is
602-16 amended to conform to Section 15, Chapter 1476, Acts of the 76th
602-17 Legislature, Regular Session, 1999, by adding Subsection (c) to
602-18 read as follows:
602-19 (c) The programs required under Subsections (a) and (b) must
602-20 cover an annual period, be updated at least annually, and be filed
602-21 with the governor.
602-22 (b) Section 15, Chapter 1476, Acts of the 76th Legislature,
602-23 Regular Session, 1999, is repealed.
602-24 SECTION 14.380. (a) Section 651.156, Occupations Code, is
602-25 amended to conform to Section 11, Chapter 1476, Acts of the 76th
602-26 Legislature, Regular Session, 1999, to read as follows:
602-27 Sec. 651.156. SUBPOENA. (a) The commission may issue[, or
603-1 may delegate to the executive director the power to issue,] a
603-2 subpoena or subpoena duces tecum.
603-3 (b) The subpoena or subpoena duces tecum must be served by
603-4 personal service or certified mail, return receipt requested.
603-5 (c) The commission by rule shall establish standards that
603-6 enable the executive director to issue subpoenas and subpoenas
603-7 duces tecum in connection with a complaint under investigation by
603-8 the commission.
603-9 (b) Section 11, Chapter 1476, Acts of the 76th Legislature,
603-10 Regular Session, 1999, is repealed.
603-11 SECTION 14.381. (a) Section 651.161, Occupations Code, is
603-12 amended to conform to Section 7, Chapter 20, Acts of the 76th
603-13 Legislature, Regular Session, 1999, to read as follows:
603-14 Sec. 651.161. REGISTER. (a) The commission shall file
603-15 annually with the governor a list of the names of all funeral
603-16 directors, embalmers, and licensed funeral establishments. [The
603-17 commission shall file a copy of the list with the secretary of
603-18 state for permanent record.]
603-19 (b) A certified copy of the list[, certified by the
603-20 secretary of state and under the state seal,] is admissible as
603-21 evidence in all courts.
603-22 (b) Section 7, Chapter 20, Acts of the 76th Legislature,
603-23 Regular Session, 1999, is repealed.
603-24 SECTION 14.382. (a) Section 651.162, Occupations Code, is
603-25 amended to conform to Section 8, Chapter 1476, Acts of the 76th
603-26 Legislature, Regular Session, 1999, by adding Subsection (c) to
603-27 read as follows:
604-1 (c) The commission shall file annually with the governor a
604-2 report on the commission's compliance with Sections 651.104,
604-3 651.105, and 651.204(b).
604-4 (b) Section 8, Chapter 1476, Acts of the 76th Legislature,
604-5 Regular Session, 1999, is repealed.
604-6 SECTION 14.383. (a) Subchapter D, Chapter 651, Occupations
604-7 Code, is amended to conform to Section 13, Chapter 1476, Acts of
604-8 the 76th Legislature, Regular Session, 1999, by adding Section
604-9 651.163 to read as follows:
604-10 Sec. 651.163. REQUEST FOR ATTORNEY GENERAL'S OPINION. A
604-11 request for an opinion under Subchapter C, Chapter 402, Government
604-12 Code, must be approved by the commissioners.
604-13 (b) Section 13, Chapter 1476, Acts of the 76th Legislature,
604-14 Regular Session, 1999, is repealed.
604-15 SECTION 14.384. (a) Section 651.259, Occupations Code, is
604-16 amended to conform to Section 16, Chapter 1476, Acts of the 76th
604-17 Legislature, Regular Session, 1999, to read as follows:
604-18 Sec. 651.259. APPLICATION BY OUT-OF-STATE [RECIPROCAL]
604-19 LICENSE HOLDER. (a) The commission shall [may] waive any
604-20 requirement for a funeral director's license or an embalmer's
604-21 license for an applicant who holds a license issued by another
604-22 state, country, or territory that has license requirements
604-23 substantially equivalent to the requirements of this state and who
604-24 meets the requirements of this section. The commission may waive
604-25 any license requirement for an applicant who holds a license issued
604-26 by another state that does not have license requirements
604-27 substantially equivalent to those of this state and who meets the
605-1 requirements of this section. The applicant shall pay a
605-2 [reciprocal] license fee in an amount set by the commission.
605-3 (b) Any applicant for a [reciprocal] license under this
605-4 section shall file a sworn application that includes:
605-5 (1) a statement that:
605-6 (A) the applicant is the person to whom the
605-7 license was issued;
605-8 (B) no proceeding has been instituted against
605-9 the applicant for the cancellation, suspension, or revocation of
605-10 the license in the state, country, or territory that issued the
605-11 license; and
605-12 (C) no prosecution is pending against the
605-13 applicant in a state or federal court for an offense that, under
605-14 the laws of this state, is a felony, or is a misdemeanor related to
605-15 the practice of embalming or funeral directing; and
605-16 (2) an affidavit of a person described by Subsection
605-17 (c) verifying that:
605-18 (A) the accompanying license has not been
605-19 canceled, suspended, or revoked; and
605-20 (B) the statement of the qualifications made in
605-21 the application for licensure in this state is correct.
605-22 (c) The affidavit must be made by:
605-23 (1) the presiding officer or secretary of the
605-24 governmental entity that issued the license; or
605-25 (2) a registration officer of the state, country, or
605-26 territory that issued the license.
605-27 (d) The applicant must affirm in the statement that the
606-1 license under which the applicant practiced as a funeral director
606-2 or embalmer in the state, country, or territory from which the
606-3 applicant moved was, at the time the applicant left, in effect.
606-4 (e) The commission shall conduct a criminal background check
606-5 on each applicant. An applicant is not eligible for a license under
606-6 this section if the applicant has, in the 10 years preceding the
606-7 date of the application, been finally convicted of a misdemeanor
606-8 involving moral turpitude or a felony.
606-9 (f) An applicant for a license under this section must:
606-10 (1) provide proof that:
606-11 (A) the license is in good standing;
606-12 (B) the applicant has practiced under the
606-13 license for at least:
606-14 (i) one year in the state that issued the
606-15 license if that state has license requirements substantially
606-16 equivalent to those of this state; or
606-17 (ii) five years in the state that issued
606-18 the license if that state does not have license requirements
606-19 substantially equivalent to those of this state; and
606-20 (C) the applicant has graduated from an
606-21 accredited college of mortuary science; and
606-22 (2) pass a written examination of not more than 50
606-23 questions on applicable state laws and commission rules.
606-24 (g) The commission shall conduct the examination under
606-25 Subsection (f)(2) at each regularly scheduled meeting of the
606-26 commission.
606-27 (b) Section 16, Chapter 1476, Acts of the 76th Legislature,
607-1 Regular Session, 1999, is repealed.
607-2 SECTION 14.385. (a) Section 651.351, Occupations Code, is
607-3 amended to conform to Section 1, Chapter 921, Acts of the 76th
607-4 Legislature, Regular Session, 1999, and Section 19, Chapter 1476,
607-5 Acts of the 76th Legislature, Regular Session, 1999, by amending
607-6 Subsections (d) and (f) and adding Subsections (g) and (h) to read
607-7 as follows:
607-8 (d) A funeral establishment must:
607-9 (1) meet the building, fire safety, and health
607-10 standards and health ordinances of this state and of the
607-11 municipality in which the establishment is located;
607-12 (2) be located at a fixed place that is not tax-exempt
607-13 property or a cemetery;
607-14 (3) include facilities in which funeral services may
607-15 be conducted;
607-16 (4) have access to rolling stock consisting of at
607-17 least one motor hearse;
607-18 (5) include a preparation room containing[:]
607-19 [(A)] the facilities, equipment, and supplies
607-20 required by commission rule to ensure the provision of adequate
607-21 embalming services; [and]
607-22 (6) include [(B)] other facilities as necessary to
607-23 comply with the sanitary codes of this state and of the
607-24 municipality in which the room is located; and
607-25 (7) [(6)] include a display containing sufficient
607-26 merchandise to permit reasonable selection, including at least five
607-27 adult caskets, two of which must be full-size.
608-1 (f) The least expensive casket [offered for sale by a
608-2 funeral establishment must be visibly] displayed under Subsection
608-3 (d)(7) must be a full-size casket displayed [without concealment
608-4 and] in the same general manner as the other full-size caskets are
608-5 displayed.
608-6 (g) The commission may exempt a funeral establishment from
608-7 the requirements of Subsection (d)(5) if:
608-8 (1) the majority owner or designated agent of record
608-9 of a funeral establishment submits a written petition to the
608-10 commission requesting an exemption and stating:
608-11 (A) the establishment's name and address;
608-12 (B) that the establishment is located within 50
608-13 miles of a facility owned by the establishment requesting the
608-14 exemption and at which embalming services may be performed; and
608-15 (C) that no embalming services will be performed
608-16 at the establishment; and
608-17 (2) the commission determines that the criteria in
608-18 Subdivision (1) have been met.
608-19 (h) The executive director shall notify the petitioner of
608-20 the commission's decision. The exemption remains in effect until:
608-21 (1) the establishment is no longer located within 50
608-22 miles of a facility owned by the exempt establishment or at which
608-23 embalming services may be performed; or
608-24 (2) an embalming service has been performed at the
608-25 establishment.
608-26 (b) Section 651.352, Occupations Code, is amended to conform
608-27 to Section 19, Chapter 1476, Acts of the 76th Legislature, Regular
609-1 Session, 1999, by adding Subsection (d) to read as follows:
609-2 (d) An embalming service, whether provided at a funeral
609-3 establishment or other embalming facility licensed under this
609-4 chapter, must comply with this chapter or a rule adopted under this
609-5 chapter.
609-6 (c) Section 651.460(a), Occupations Code, is amended to
609-7 conform to Section 17, Chapter 1476, Acts of the 76th Legislature,
609-8 Regular Session, 1999, to read as follows:
609-9 (a) A person violates this chapter if the person:
609-10 (1) arranges for funeral services or merchandise and
609-11 fails to provide a customer with a purchase agreement as required
609-12 by Section 651.406;
609-13 (2) fails to retain and make available to the
609-14 commission, on request, copies of all price lists, written notices,
609-15 embalming documents, and memoranda of agreement required by this
609-16 chapter for two years after the date of distribution or signing;
609-17 (3) violates this chapter, a rule adopted under this
609-18 chapter, an order by the commission revoking, suspending, or
609-19 probating a license, an order assessing an administrative penalty,
609-20 or an agreement to pay an administrative penalty [regardless of
609-21 whether the agreement is express or implied by Section 651.554];
609-22 (4) allows the use of a dead human body by an
609-23 embalming establishment for research or educational purposes
609-24 without complying with Section 651.407; or
609-25 (5) is associated with a funeral establishment,
609-26 whether as an employee, agent, subcontractor, assignee, owner, or
609-27 otherwise, and fails to comply with this chapter or a rule adopted
610-1 under this chapter.
610-2 (d) Section 651.502(a), Occupations Code, is amended to
610-3 conform to Sections 17 and 19, Chapter 1476, Acts of the 76th
610-4 Legislature, Regular Session, 1999, to read as follows:
610-5 (a) The commission may, before [without] a hearing or a
610-6 waiver of a right to a hearing, refuse to issue:
610-7 (1) a license or provisional license to a person who
610-8 has violated this chapter or a rule adopted under this chapter; or
610-9 (2) an establishment license to an individual,
610-10 partnership, or corporation if the individual, a partner, or an
610-11 officer or director of the corporation:
610-12 (A) has violated this chapter or a rule adopted
610-13 under this chapter;
610-14 (B) previously held an establishment license
610-15 that was suspended or revoked; or
610-16 (C) attempts to avoid a revocation, suspension,
610-17 or license refusal by subterfuge or other evasive means.
610-18 (e) The following are repealed:
610-19 (1) Section 1, Chapter 921, Acts of the 76th
610-20 Legislature, Regular Session, 1999;
610-21 (2) Section 17, Chapter 1476, Acts of the 76th
610-22 Legislature, Regular Session, 1999; and
610-23 (3) Section 19, Chapter 1476, Acts of the 76th
610-24 Legislature, Regular Session, 1999.
610-25 SECTION 14.386. (a) Sections 651.401(b)-(e), Occupations
610-26 Code, are amended to conform to Section 1, Chapter 1476, Acts of
610-27 the 76th Legislature, Regular Session, 1999, to read as follows:
611-1 (b) A [person other than a funeral director may transfer a]
611-2 dead human body may be transferred without a funeral director
611-3 personally making the transfer:
611-4 (1) from one funeral establishment to another;
611-5 (2) [and] from a funeral establishment to and from a
611-6 morgue in which an autopsy is performed;
611-7 (3) to and from an airport, crematory, or both; or
611-8 (4)[.]
611-9 [(c) An unlicensed person may pick up or transfer a dead
611-10 human body without the personal supervision of a funeral director
611-11 or embalmer] in circumstances in which there is no reasonable
611-12 probability that an [the] unlicensed person will encounter a family
611-13 member or other person with whom funeral arrangements are normally
611-14 made by a funeral director or embalmer.
611-15 (c) [(d)] If an unlicensed person inadvertently encounters a
611-16 family member or other person with whom funeral arrangements are
611-17 normally made, the unlicensed person shall restrict communication
611-18 with the family member or other person to:
611-19 (1) identifying the unlicensed person's employer;
611-20 (2) arranging an appointment with the unlicensed
611-21 person's employer for a family member or other person who indicates
611-22 a desire to make funeral arrangements for the deceased; and
611-23 (3) making any disclosure to the family member or
611-24 other person that is required by federal or state law or
611-25 regulation.
611-26 (d) [(e)] A funeral director or embalmer who directs the
611-27 removal or transfer of a dead human body without personally
612-1 supervising the transfer is strictly accountable for compliance
612-2 with the requirements of first call as provided by this section.
612-3 (b) Section 1, Chapter 1476, Acts of the 76th Legislature,
612-4 Regular Session, 1999, is repealed.
612-5 SECTION 14.387. (a) Section 651.504, Occupations Code, is
612-6 amended to conform to Section 25, Chapter 1476, Acts of the 76th
612-7 Legislature, Regular Session, 1999, to read as follows:
612-8 Sec. 651.504. REPRIMAND. [(a)] The commission may, after a
612-9 hearing as provided by [this section or] Section 651.506 or without
612-10 a hearing if the person waives a hearing, reprimand a person
612-11 regulated under this chapter if the commission determines that the
612-12 person violated this chapter or a rule adopted under this chapter.
612-13 [(b) If, after examining a possible violation and the facts
612-14 relating to that violation, the commission concludes that a
612-15 violation has occurred, the commission may issue a preliminary
612-16 report that states the facts on which the conclusion is based and
612-17 that a reprimand is to be issued. If the reprimand is to be issued
612-18 in addition to the assessment of an administrative penalty under
612-19 Subchapter L, the preliminary report required by this section may
612-20 be combined with the preliminary report required by Section
612-21 651.553. Not later than the 10th day after the date the
612-22 preliminary report is issued, the commission shall send a copy of
612-23 the report to the person charged with the violation, with a
612-24 statement of the right of the person to a hearing relating to the
612-25 alleged violation.]
612-26 [(c) Not later than the 30th day after the date on which the
612-27 preliminary report is sent, the person charged may request in
613-1 writing a hearing. Failure to request a hearing within the time
613-2 provided by this subsection waives the right to a hearing. If the
613-3 right to a hearing is waived, the commission shall issue the
613-4 reprimand and place a copy of the reprimand in the permanent
613-5 records of the commission. If the person charged requests a
613-6 hearing, the hearing shall be conducted in the manner provided by
613-7 Section 651.506. If, after the hearing, the commission determines
613-8 that the person committed the alleged violation, the commission, in
613-9 addition to or instead of the issuance of a reprimand, may take any
613-10 action authorized by this chapter.]
613-11 (b) Section 25, Chapter 1476, Acts of the 76th Legislature,
613-12 Regular Session, 1999, is repealed.
613-13 SECTION 14.388. (a) Section 651.506, Occupations Code, is
613-14 amended to conform to Sections 4 and 21, Chapter 1476, Acts of the
613-15 76th Legislature, Regular Session, 1999, to read as follows:
613-16 Sec. 651.506. DISCIPLINARY PROCEEDINGS; HEARING PROCEEDINGS.
613-17 (a) A proceeding conducted by the commission relating to the
613-18 denial of a license or provisional license, the suspension or
613-19 revocation of a license, the issuance of a reprimand, or the
613-20 imposition of an administrative penalty assessed after a hearing as
613-21 provided by Section 651.551 and judicial review of the proceeding
613-22 are governed by Chapter 2001, Government Code.
613-23 (b) A proceeding brought under Subsection (a) shall [may] be
613-24 held before an administrative law judge employed by the State
613-25 Office of Administrative Hearings [a hearings officer. The
613-26 executive director shall set a time and place for the hearing].
613-27 (c) [The hearings officer must be an attorney licensed in
614-1 this state.] In the course of a proceeding, the administrative law
614-2 judge [hearings officer] may:
614-3 (1) administer an oath;
614-4 (2) take testimony;
614-5 (3) rule on a question of evidence;
614-6 (4) make a determination of fact; or
614-7 (5) order compliance with a proper discovery request.
614-8 (d) The commission shall provide the administrative law
614-9 judge [hearings officer] with a written statement of all commission
614-10 rules or policies that govern the proceeding.
614-11 (e) At the conclusion of the proceeding, the administrative
614-12 law judge [hearings officer] shall make a ruling on the matter
614-13 accompanied by written findings of fact and conclusions of law.
614-14 (f) The commission shall review the findings of fact,
614-15 conclusions of law, and ruling of the administrative law judge
614-16 [hearings officer] before making its final ruling in the
614-17 proceeding. The commission may also review a transcript of the
614-18 proceeding before making its final ruling. The commission shall
614-19 adopt the ruling of the administrative law judge [hearings officer]
614-20 as its ruling unless it finds good cause to issue a different
614-21 ruling. The commission shall explain in writing the reasons for
614-22 adopting a ruling other than the one issued by the administrative
614-23 law judge [hearings officer].
614-24 (g) The commission shall inform each interested person,
614-25 including a person filing the complaint, of the right to obtain at
614-26 that person's cost a tape or transcript of a hearing or proceeding
614-27 under this section.
615-1 (h) A member or agent of the commission who carries out the
615-2 functions of the commission and is assigned to make a decision,
615-3 finding of fact, or conclusion of law in a proceeding pending
615-4 before the commission may not communicate directly or indirectly
615-5 with a party to the proceeding or a party's representative unless
615-6 notice and an opportunity to participate is given to all parties to
615-7 the proceeding.
615-8 (i) Before a hearing is conducted, two commissioners may
615-9 participate in an informal conference relating to a matter to be
615-10 considered in the hearing under this section. One of the two
615-11 commissioners must hold [be] a license as both a [licensed] funeral
615-12 director and [or] embalmer, and one must be a public member of the
615-13 commission.
615-14 (j) A commissioner who has a personal or private interest,
615-15 or is employed by an entity with a personal or private interest, in
615-16 a measure, proposal, or decision pending before the commission may
615-17 not vote or participate in an informal conference under Subsection
615-18 (i) relating to that interest as provided by Section 572.058,
615-19 Government Code.
615-20 (b) Subchapter K, Chapter 651, Occupations Code, is amended
615-21 to conform to Section 21, Chapter 1476, Acts of the 76th
615-22 Legislature, Regular Session, 1999, by adding Section 651.5061 to
615-23 read as follows:
615-24 Sec. 651.5061. WAIVER OF HEARING BY FUNERAL ESTABLISHMENT. A
615-25 funeral establishment alleged to have violated this chapter or a
615-26 rule adopted under this chapter may waive the right to a hearing as
615-27 provided by Section 651.506 by written notification to the
616-1 commission.
616-2 (c) Sections 4 and 21, Chapter 1476, Acts of the 76th
616-3 Legislature, Regular Session, 1999, are repealed.
616-4 SECTION 14.389. (a) Section 651.553, Occupations Code, is
616-5 amended to conform to Section 24, Chapter 1476, Acts of the 76th
616-6 Legislature, Regular Session, 1999, by adding Subsection (c) to
616-7 read as follows:
616-8 (c) Until a hearing has been held on the possible violation,
616-9 the amount to be assessed may be disclosed only to the person
616-10 charged with the violation, unless that person has waived the right
616-11 to a hearing or paid the amount to the commission.
616-12 (b) Section 651.555, Occupations Code, is amended to conform
616-13 to Section 24, Chapter 1476, Acts of the 76th Legislature, Regular
616-14 Session, 1999, by amending Subsection (b) and adding Subsection (c)
616-15 to read as follows:
616-16 (b) Not later than the 30-day period, a person who acts
616-17 under Subsection (a)(2) must, if the penalty that the person wishes
616-18 to contest is greater than $5,000:
616-19 (1) [pay the penalty to the commission for placement
616-20 in an escrow account; or]
616-21 [(2)] post a supersedeas bond in a form approved by
616-22 the commission for the amount of the penalty; or
616-23 (2) if the person cannot afford to pay the penalty or
616-24 file the bond, file an affidavit in the manner required by the
616-25 Texas Rules of Civil Procedure for a person who cannot afford to
616-26 file security for costs.
616-27 (c) The commission may file a contest, as provided by the
617-1 Texas Rules of Civil Procedure, to an affidavit filed under
617-2 Subsection (b)(2).
617-3 (c) Section 651.557, Occupations Code, is amended to conform
617-4 to Section 24, Chapter 1476, Acts of the 76th Legislature, Regular
617-5 Session, 1999, to read as follows:
617-6 Sec. 651.557. REMITTANCE OF PENALTY. If, after judicial
617-7 review, the court determines that a violation did not occur [or
617-8 that the amount of the administrative penalty should be reduced],
617-9 the court shall order, when the court's judgment becomes final, the
617-10 release of the bond if the person gave a supersedeas bond. If the
617-11 person gave a supersedeas bond and the amount of the penalty is
617-12 reduced, the court shall order the release of the bond after the
617-13 person pays the reduced amount [commission shall remit the
617-14 appropriate amount to the person charged with the violation not
617-15 later than the 30th day after the date on which the judicial
617-16 determination becomes final].
617-17 (d) Section 24, Chapter 1476, Acts of the 76th Legislature,
617-18 Regular Session, 1999, is repealed.
617-19 SECTION 14.390. (a) Section 651.507, Occupations Code, is
617-20 amended to conform to Section 26, Chapter 1476, Acts of the 76th
617-21 Legislature, Regular Session, 1999, to read as follows:
617-22 Sec. 651.507. EFFECT OF MULTIPLE VIOLATIONS. (a) The
617-23 commission or an administrative law judge employed by the State
617-24 Office of Administrative Hearings [a hearings officer] shall review
617-25 each disciplinary proceeding to determine whether the license
617-26 holder has committed the same type of violation on one or more
617-27 previous occasions. If it is determined that the license holder
618-1 has previously committed the same type of violation, the commission
618-2 or administrative law judge [hearings officer] shall impose a
618-3 disciplinary action that is more severe than that imposed on the
618-4 previous occasion.
618-5 (b) In a disciplinary proceeding involving multiple
618-6 violations of this chapter, the commission or the administrative
618-7 law judge [hearings officer] shall impose a disciplinary action
618-8 that is more severe than the disciplinary action that would be
618-9 imposed cumulatively for each of the individual violations.
618-10 (b) Section 26, Chapter 1476, Acts of the 76th Legislature,
618-11 Regular Session, 1999, is repealed.
618-12 SECTION 14.391. (a) Section 651.601(b), Occupations Code, is
618-13 amended to conform to Section 14, Chapter 1476, Acts of the 76th
618-14 Legislature, Regular Session, 1999, to read as follows:
618-15 (b) In an action brought by the commission, the commission
618-16 shall be represented by the attorney general or[,] a county or
618-17 district attorney[, or counsel designated by the commission].
618-18 (b) Section 14, Chapter 1476, Acts of the 76th Legislature,
618-19 Regular Session, 1999, is repealed.
618-20 SECTION 14.392. Sections 18, 20, and 23, Chapter 1476, Acts
618-21 of the 76th Legislature, Regular Session, 1999, are repealed.
618-22 PART 14. CHANGES RELATING TO SUBTITLE M,
618-23 TITLE 3, OCCUPATIONS CODE
618-24 SECTION 14.401. (a) Subchapter E, Chapter 701, Occupations
618-25 Code, is amended to conform to Section 6, Chapter 1444, Acts of the
618-26 76th Legislature, Regular Session, 1999, by adding Section 701.2041
618-27 to read as follows:
619-1 Sec. 701.2041. SUBPOENAS. (a) In an investigation of a
619-2 complaint filed with the dieticians board, the board may request
619-3 that the commissioner or the commissioner's designee approve the
619-4 issuance of a subpoena. If the request is approved, the board may
619-5 issue a subpoena to compel the attendance of a relevant witness or
619-6 the production, for inspection or copying, of relevant evidence
619-7 that is in this state.
619-8 (b) A subpoena may be served personally or by certified
619-9 mail.
619-10 (c) If a person fails to comply with a subpoena, the
619-11 dieticians board, acting through the attorney general, may file
619-12 suit to enforce the subpoena in a district court in Travis County
619-13 or in the county in which a hearing conducted by the board may be
619-14 held.
619-15 (d) On finding that good cause exists for issuing the
619-16 subpoena, the court shall order the person to comply with the
619-17 subpoena. The court may punish a person who fails to obey the
619-18 court order.
619-19 (e) The board may delegate the authority granted under
619-20 Subsection (a) to the executive secretary of the dieticians board.
619-21 (f) The dieticians board shall pay a reasonable fee for
619-22 photocopies subpoenaed under this section in an amount not to
619-23 exceed the amount the board may charge for copies of its records.
619-24 (g) The reimbursement of the expenses of a witness whose
619-25 attendance is compelled under this section is governed by Section
619-26 2001.103, Government Code.
619-27 (h) All information and materials subpoenaed or compiled by
620-1 the dieticians board in connection with a complaint and
620-2 investigation are confidential and not subject to disclosure under
620-3 Chapter 552, Government Code, and not subject to disclosure,
620-4 discovery, subpoena, or other means of legal compulsion for their
620-5 release to anyone other than the board or its employees or agents
620-6 involved in discipline of the holder of a license, except that this
620-7 information may be disclosed to:
620-8 (1) persons involved with the board in a disciplinary
620-9 action against the holder of a license;
620-10 (2) professional dietitian licensing or disciplinary
620-11 boards in other jurisdictions;
620-12 (3) peer assistance programs approved by the board
620-13 under Chapter 467, Health and Safety Code;
620-14 (4) law enforcement agencies; and
620-15 (5) persons engaged in bona fide research, if all
620-16 individual-identifying information has been deleted.
620-17 (i) The filing of formal charges by the dieticians board
620-18 against a holder of a license, the nature of those charges,
620-19 disciplinary proceedings of the board, and final disciplinary
620-20 actions, including warnings and reprimands, by the board are not
620-21 confidential and are subject to disclosure in accordance with
620-22 Chapter 552, Government Code.
620-23 (b) Section 6, Chapter 1444, Acts of the 76th Legislature,
620-24 Regular Session, 1999, is repealed.
620-25 PART 15. CHANGES RELATING TO TITLE 4, OCCUPATIONS CODE
620-26 SECTION 14.421. (a) Section 801.158(b), Occupations Code, is
620-27 amended to conform to Section 1, Chapter 1090, Acts of the 76th
621-1 Legislature, Regular Session, 1999, to read as follows:
621-2 (b) The board, acting through the attorney general, may
621-3 bring an action to enforce a subpoena issued under Subsection (a)
621-4 against a person, including a corporation, organization, business
621-5 trust, estate, trust, partnership, association, or other legal
621-6 entity, who fails to comply with the subpoena.
621-7 (b) Section 801.504(a), Occupations Code, is amended to
621-8 conform to Section 1, Chapter 1090, Acts of the 76th Legislature,
621-9 Regular Session, 1999, to read as follows:
621-10 (a) A person, including an entity, commits an offense if the
621-11 person violates this chapter.
621-12 (c) Section 801.506, Occupations Code, is amended to conform
621-13 to Section 1, Chapter 1090, Acts of the 76th Legislature, Regular
621-14 Session, 1999, to read as follows:
621-15 Sec. 801.506. PROHIBITED PRACTICES RELATING TO CERTAIN
621-16 ENTITIES. (a) A sole proprietorship, partnership, or corporation
621-17 may not engage in veterinary medicine unless the owner, each
621-18 partner, or each shareholder, as appropriate, holds a license
621-19 issued under this chapter.
621-20 (b) A corporation, organization, business trust, estate,
621-21 trust, partnership, association, or other legal entity not owned
621-22 exclusively by one or more persons licensed under this chapter may
621-23 not engage in veterinary medicine.
621-24 (c) A veterinarian may not form or continue a partnership
621-25 with a member of another profession or a person who is not a member
621-26 of a profession if a part of the partnership employment consists of
621-27 the practice of veterinary medicine.
622-1 (d) Subchapter H, Chapter 801, Occupations Code, is amended
622-2 to conform to Section 1, Chapter 1090, Acts of the 76th
622-3 Legislature, Regular Session, 1999, by adding Section 801.3541 to
622-4 read as follows:
622-5 Sec. 801.3541. LOCATION OF VETERINARY PRACTICE. The premises
622-6 on which a veterinary practice is located may be owned by a person
622-7 or other legal entity that does not hold a license issued under
622-8 this chapter.
622-9 (e) Section 1, Chapter 1090, Acts of the 76th Legislature,
622-10 Regular Session, 1999, is repealed.
622-11 SECTION 14.422. (a) Section 801.503(a), Occupations Code, is
622-12 amended to conform to Section 2, Chapter 1090, Acts of the 76th
622-13 Legislature, Regular Session, 1999, to read as follows:
622-14 (a) A person not licensed under this chapter, including a
622-15 corporation, organization, business trust, estate, trust,
622-16 partnership, association, or other legal entity, who violates this
622-17 chapter or a rule adopted by the board under this chapter is
622-18 subject to a civil penalty of $1,000 for each day of violation.
622-19 (b) Section 2, Chapter 1090, Acts of the 76th Legislature,
622-20 Regular Session, 1999, is repealed.
622-21 SECTION 14.423. (a) Section 801.451, Occupations Code, is
622-22 amended to conform to Section 3, Chapter 1090, Acts of the 76th
622-23 Legislature, Regular Session, 1999, to read as follows:
622-24 Sec. 801.451. IMPOSITION OF ADMINISTRATIVE PENALTY. The
622-25 board may impose an administrative penalty on a person, including a
622-26 corporation, organization, business trust, estate, trust,
622-27 partnership, association, or other legal entity, who violates this
623-1 chapter or a rule adopted or order issued under this chapter.
623-2 (b) Section 3, Chapter 1090, Acts of the 76th Legislature,
623-3 Regular Session, 1999, is repealed.
623-4 SECTION 14.424. (a) Section 801.502, Occupations Code, is
623-5 amended to conform to Section 4, Chapter 1090, Acts of the 76th
623-6 Legislature, Regular Session, 1999, to read as follows:
623-7 Sec. 801.502. INJUNCTIVE RELIEF. (a) The board, through the
623-8 attorney general or a district or county attorney, may bring an
623-9 action for an injunction, or a proceeding incident to an
623-10 injunction, to:
623-11 (1) enforce this chapter; or
623-12 (2) enjoin a person, including a corporation,
623-13 organization, business trust, estate, trust, partnership,
623-14 association, or other legal entity, from practicing veterinary
623-15 medicine in violation of this chapter.
623-16 (b) Venue for an action under this section is in:
623-17 (1) the county in which the person against whom the
623-18 action is brought resides, if the person is an individual who
623-19 resides in this state;
623-20 (2) the county of the defendant's principal office in
623-21 this state if the defendant is not an individual; or
623-22 (3) [(2)] Travis County, if the person:
623-23 (A) is an individual who does not reside in this
623-24 state; or
623-25 (B) is an entity that does not have its
623-26 principal office in this state.
623-27 (b) Section 4, Chapter 1090, Acts of the 76th Legislature,
624-1 Regular Session, 1999, is repealed.
624-2 PART 16. CHANGES RELATING TO TITLE 5,
624-3 OCCUPATIONS CODE
624-4 SECTION 14.451. The Public Accountancy Act of 1991 (Article
624-5 41a-1, Vernon's Texas Civil Statutes) is repealed to conform to
624-6 Section 1, Chapter 388, Acts of the 76th Legislature, Regular
624-7 Session, 1999.
624-8 PART 17. CHANGES RELATING TO TITLE 9, OCCUPATIONS CODE
624-9 SECTION 14.471. (a) Section 1601.261(b), Occupations Code,
624-10 is amended to conform to Section 1, Chapter 613, Acts of the 76th
624-11 Legislature, Regular Session, 1999, to read as follows:
624-12 (b) The board shall set the fee for an examination necessary
624-13 to receive a certificate to practice barbering or to practice as a
624-14 barber technician in an amount not to exceed $50 [is $10].
624-15 (b) Section 1, Chapter 613, Acts of the 76th Legislature,
624-16 Regular Session, 1999, is repealed.
624-17 SECTION 14.472. (a) Chapter 1601, Occupations Code, is
624-18 amended to conform to Sections 2 and 3, Chapter 613, Acts of the
624-19 76th Legislature, Regular Session, 1999, by adding Subchapter O to
624-20 read as follows:
624-21 SUBCHAPTER O. ADMINISTRATIVE PENALTIES
624-22 Sec. 1601.701. IMPOSITION OF ADMINISTRATIVE PENALTY. (a)
624-23 The board may impose an administrative penalty on a person for a
624-24 violation under this section.
624-25 (b) A person violates this chapter if the person:
624-26 (1) engages in barbering without holding an
624-27 appropriate certificate, license, or permit;
625-1 (2) permits another in the person's employ,
625-2 supervision, or control to practice as a barber or other license
625-3 holder unless that person holds a certificate or license;
625-4 (3) obtains or attempts to obtain a certificate or
625-5 license by making a fraudulent representation;
625-6 (4) owns, operates, or manages a barber school and
625-7 provides barbering services to the public in the school;
625-8 (5) owns, operates, or manages a barber school and
625-9 permits a person other than an enrolled student to provide
625-10 barbering services to the public in the school;
625-11 (6) wilfully fails to display a certificate, license,
625-12 or permit as required under this chapter; or
625-13 (7) engages in other conduct that violates a
625-14 requirement established under this chapter.
625-15 Sec. 1601.702. AMOUNT OF ADMINISTRATIVE PENALTY. (a) The
625-16 amount of the administrative penalty may not exceed $1,000. Each
625-17 day a violation continues or occurs is a separate violation for
625-18 purposes of imposing a penalty.
625-19 (b) The amount of a penalty shall be based on:
625-20 (1) the seriousness of the violation, including the
625-21 nature, circumstances, extent, and gravity of the violation;
625-22 (2) the economic harm to property or the public caused
625-23 by the violation;
625-24 (3) the history of previous violations;
625-25 (4) the amount necessary to deter a future violation;
625-26 (5) efforts to correct the violation; and
625-27 (6) any other matter that justice may require.
626-1 Sec. 1601.703. REPORT AND NOTICE OF VIOLATION AND
626-2 ADMINISTRATIVE PENALTY. (a) If the executive director determines
626-3 that a violation occurred, the executive director may issue to the
626-4 board a report stating:
626-5 (1) the facts on which the determination is based; and
626-6 (2) the executive director's recommendation on the
626-7 imposition of an administrative penalty, including a recommendation
626-8 on the amount of the penalty.
626-9 (b) Not later than the 14th day after the date the report is
626-10 issued, the executive director shall give written notice of the
626-11 report to the person.
626-12 (c) The notice must:
626-13 (1) include a brief summary of the alleged violation;
626-14 (2) state the amount of the recommended penalty; and
626-15 (3) inform the person of the person's right to a
626-16 hearing on the occurrence of the violation, the amount of the
626-17 penalty, or both.
626-18 Sec. 1601.704. ADMINISTRATIVE PENALTY TO BE PAID OR HEARING
626-19 REQUESTED. (a) Not later than the 20th day after the date the
626-20 person receives the notice, the person in writing may:
626-21 (1) accept the determination and recommended
626-22 administrative penalty of the executive director; or
626-23 (2) make a request for a hearing on the occurrence of
626-24 the violation, the amount of the penalty, or both.
626-25 (b) If the person accepts the determination and recommended
626-26 penalty of the executive director, the board by order shall approve
626-27 the determination and impose the recommended penalty.
627-1 Sec. 1601.705. HEARING. (a) If the person requests a
627-2 hearing or fails to respond in a timely manner to the notice, the
627-3 executive director shall set a hearing and give written notice of
627-4 the hearing to the person. An administrative law judge of the
627-5 State Office of Administrative Hearings shall hold the hearing.
627-6 (b) The administrative law judge shall make findings of fact
627-7 and conclusions of law and promptly issue to the board a proposal
627-8 for a decision about the occurrence of the violation and the amount
627-9 of any proposed administrative penalty.
627-10 Sec. 1601.706. DECISION BY BOARD. (a) Based on the
627-11 findings of fact, conclusions of law, and proposal for a decision,
627-12 the board by order may:
627-13 (1) find that a violation occurred and impose an
627-14 administrative penalty; or
627-15 (2) find that a violation did not occur.
627-16 (b) The notice of the board's order given to the person must
627-17 include a statement of the right of the person to judicial review
627-18 of the order.
627-19 Sec. 1601.707. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
627-20 Not later than the 30th day after the date the board's order
627-21 becomes final, the person shall:
627-22 (1) pay the administrative penalty; or
627-23 (2) file a petition for judicial review contesting the
627-24 occurrence of the violation, the amount of the penalty, or both.
627-25 Sec. 1601.708. STAY OF ENFORCEMENT OF ADMINISTRATIVE
627-26 PENALTY. (a) Within the 30-day period prescribed by Section
627-27 1601.707, a person who files a petition for judicial review may:
628-1 (1) stay enforcement of the administrative penalty by:
628-2 (A) paying the penalty to the court for
628-3 placement in an escrow account; or
628-4 (B) giving the court a supersedeas bond approved
628-5 by the court that:
628-6 (i) is for the amount of the penalty; and
628-7 (ii) is effective until all judicial
628-8 review of the board's order is final; or
628-9 (2) request the court to stay enforcement of the
628-10 penalty by:
628-11 (A) filing with the court a sworn affidavit of
628-12 the person stating that the person is financially unable to pay the
628-13 penalty and is financially unable to give the supersedeas bond; and
628-14 (B) giving a copy of the affidavit to the
628-15 executive director by certified mail.
628-16 (b) If the executive director receives a copy of an
628-17 affidavit under Subsection (a)(2), the executive director may file
628-18 with the court, not later than the fifth day after the date the
628-19 copy is received, a contest to the affidavit. The court shall hold
628-20 a hearing on the facts alleged in the affidavit as soon as
628-21 practicable and shall stay the enforcement of the penalty on
628-22 finding that the alleged facts are true. The person who files an
628-23 affidavit has the burden of proving that the person is financially
628-24 unable to pay the penalty and to give a supersedeas bond.
628-25 Sec. 1601.709. COLLECTION OF ADMINISTRATIVE PENALTY. (a)
628-26 If the person does not pay the administrative penalty and the
628-27 enforcement of the penalty is not stayed, the penalty may be
629-1 collected.
629-2 (b) The attorney general may sue to collect the penalty.
629-3 Sec. 1601.710. DECISION BY COURT. (a) If the court
629-4 sustains the finding that a violation occurred, the court may
629-5 uphold or reduce the amount of the administrative penalty and order
629-6 the person to pay the full or reduced amount of the penalty.
629-7 (b) If the court does not sustain the finding that a
629-8 violation occurred, the court shall order that a penalty is not
629-9 owed.
629-10 Sec. 1601.711. REMITTANCE OF ADMINISTRATIVE PENALTY AND
629-11 INTEREST. (a) If the person paid the administrative penalty and
629-12 if the amount of the penalty is reduced or the penalty is not
629-13 upheld by the court, the court shall order, when the court's
629-14 judgment becomes final, that the appropriate amount plus accrued
629-15 interest be remitted to the person.
629-16 (b) The interest accrues at the rate charged on loans to
629-17 depository institutions by the New York Federal Reserve Bank.
629-18 (c) The interest shall be paid for the period beginning on
629-19 the date the penalty is paid and ending on the date the penalty is
629-20 remitted.
629-21 Sec. 1601.712. RELEASE OF BOND. (a) If the person gave a
629-22 supersedeas bond and the administrative penalty is not upheld by
629-23 the court, the court shall order, when the court's judgment becomes
629-24 final, the release of the bond.
629-25 (b) If the person gave a supersedeas bond and the amount of
629-26 the penalty is reduced, the court shall order the release of the
629-27 bond after the person pays the reduced amount.
630-1 Sec. 1601.713. ADMINISTRATIVE PROCEDURE. A proceeding to
630-2 impose an administrative penalty is considered to be a contested
630-3 case under Chapter 2001, Government Code.
630-4 (b) Section 1601.652, Occupations Code, is repealed to
630-5 conform to Section 2, Chapter 613, Acts of the 76th Legislature,
630-6 Regular Session, 1999.
630-7 (c) Sections 2 and 3, Chapter 613, Acts of the 76th
630-8 Legislature, Regular Session, 1999, are repealed.
630-9 SECTION 14.473. (a) Section 1602.253, Occupations Code, is
630-10 amended to conform to Section 5, Chapter 428, Acts of the 76th
630-11 Legislature, Regular Session, 1999, and Section 1, Chapter 549,
630-12 Acts of the 76th Legislature, Regular Session, 1999, to read as
630-13 follows:
630-14 Sec. 1602.253. CERTIFICATE OF HEALTH REQUIRED FOR CERTAIN
630-15 APPLICANTS. An applicant for an operator license, instructor
630-16 license, reciprocal license, or specialty certificate must submit a
630-17 certificate of health that:
630-18 (1) shows the applicant is free, as determined by a
630-19 physical examination, from tuberculosis[, hepatitis,] or a [any]
630-20 contagious disease for which the applicant is not entitled to
630-21 protection under the federal Americans with Disabilities Act of
630-22 1990 (42 U.S.C. Section 12101 et seq.); and
630-23 (2) is signed by a licensed physician, advanced
630-24 practice nurse, or licensed physician assistant.
630-25 (b) Section 5, Chapter 428, Acts of the 76th Legislature,
630-26 Regular Session, 1999, is repealed.
630-27 (c) Section 1, Chapter 549, Acts of the 76th Legislature,
631-1 Regular Session, 1999, is repealed.
631-2 SECTION 14.474. Section 1602.555(a), Occupations Code, is
631-3 amended to more accurately reflect the law from which it was
631-4 derived to read as follows:
631-5 (a) A person commits an offense if the person, without
631-6 conducting a physical examination, signs a health certificate
631-7 required by Sections 1602.253 and [Section] 1602.353.
631-8 SECTION 14.475. Article 8407, Revised Statutes, is repealed
631-9 to conform to Section 1, Chapter 388, Acts of the 76th Legislature,
631-10 Regular Session, 1999.
631-11 PART 18. CHANGES RELATING TO TITLE 10,
631-12 OCCUPATIONS CODE, GENERALLY
631-13 SECTION 14.501. (a) Subchapter D, Chapter 1701, Occupations
631-14 Code, is amended to conform to Section 1, Chapter 882, Acts of the
631-15 76th Legislature, Regular Session, 1999, by adding Section 1701.160
631-16 to read as follows:
631-17 Sec. 1701.160. AUTHORITY TO COMMISSION INVESTIGATORS AS
631-18 PEACE OFFICERS. The commission may commission certified peace
631-19 officers as investigators employed by the commission for the
631-20 limited purpose of assisting the commission in administering this
631-21 chapter.
631-22 (b) Section 415.016, Government Code, is repealed.
631-23 SECTION 14.502. (a) Section 1701.310, Occupations Code, is
631-24 amended to conform to Section 1, Chapter 1033, Acts of the 76th
631-25 Legislature, Regular Session, 1999, by amending Subsection (a) and
631-26 adding Subsection (e) to read as follows:
631-27 (a) Except as provided by Subsection (e), a [A] person may
632-1 not be appointed as a county jailer, except on a temporary basis,
632-2 unless the person has satisfactorily completed a preparatory
632-3 training program, as required by the commission, in the operation
632-4 of a county jail at a school operated or licensed by the
632-5 commission.
632-6 (e) A person trained and certified by the Texas Department
632-7 of Criminal Justice to serve as a corrections officer in that
632-8 agency's institutional or state jail division is not required to
632-9 complete the training requirements of this section to be appointed
632-10 a part-time county jailer. Examinations under Section 1701.304 and
632-11 psychological and physical examinations under Section 1701.306
632-12 apply.
632-13 (b) Section 1, Chapter 1033, Acts of the 76th Legislature,
632-14 Regular Session, 1999, is repealed.
632-15 SECTION 14.503. (a) Section 1704.053, Occupations Code, is
632-16 amended to conform to Section 1, Chapter 699, Acts of the 76th
632-17 Legislature, Regular Session, 1999, to read as follows:
632-18 Sec. 1704.053. BOARD COMPOSITION. A board consists of:
632-19 (1) the sheriff or a designee from the sheriff's
632-20 office who must be the sheriff's administrator or a deputy sheriff
632-21 of the rank of at least sergeant;
632-22 (2) a district judge of the county having jurisdiction
632-23 over criminal matters and designated by the presiding judge of the
632-24 administrative judicial district;
632-25 (3) the county judge, a member of the commissioners
632-26 court designated by the county judge, or a designee approved by the
632-27 commissioners court;
633-1 (4) a judge of a county court or county court at law
633-2 in the county having jurisdiction over criminal matters and
633-3 designated by the commissioners court;
633-4 (5) the district attorney or an assistant district
633-5 attorney designated by the district attorney;
633-6 (6) a licensed bail bond surety in the county elected
633-7 by other licensed bail bond sureties in the county;
633-8 (7) a justice of the peace;
633-9 (8) the district clerk or the clerk's designee;
633-10 (9) the county clerk or the clerk's designee, if the
633-11 county clerk has responsibility over criminal matters;
633-12 (10) if appointed by the board, a presiding judge of a
633-13 municipal court in the county;
633-14 (11) if the county's principal municipality designates
633-15 a presiding judge in the municipal court system, the presiding
633-16 judge or a municipal judge from the system designated by the
633-17 presiding judge; and
633-18 (12) the county treasurer or the treasurer's designee
633-19 or, if appointed by the commissioners court in a county that does
633-20 not have a county treasurer, the person designated by the county
633-21 commissioners court to perform the duties of the county treasurer.
633-22 (b) Section 1, Chapter 699, Acts of the 76th Legislature,
633-23 Regular Session, 1999, is repealed.
633-24 SECTION 14.504. Section 1704.160, Occupations Code, is
633-25 amended to more accurately reflect the law from which it was
633-26 derived to read as follows:
633-27 Sec. 1704.160. SECURITY REQUIREMENTS. (a) On receipt of
634-1 notice under Section 1704.159 that an application has been
634-2 conditionally approved, the applicant must:
634-3 (1) if the applicant is an individual:
634-4 (A) subject to Subsection (b), deposit with the
634-5 county treasurer a cashier's check, certificate of deposit, cash,
634-6 or cash equivalent in the amount stated on the application under
634-7 Section 1704.154(b)(3)(B); or
634-8 (B) subject to Subsections (c)-(f) [(c)-(e)],
634-9 execute in trust to the board each deed to the property listed on
634-10 the application under Section 1704.154(b)(3)(A); or
634-11 (2) if the applicant is a corporation, provide to the
634-12 sheriff an irrevocable letter of credit as a cash equivalent to pay
634-13 any final judgment of a forfeiture on a bail bond executed by the
634-14 applicant.
634-15 (b) A deposit made under Subsection (a)(1)(A) may not be
634-16 less than $50,000, except that the deposit may not be less than
634-17 $10,000 in a county with a population of less than 250,000. A
634-18 deposit made to a county with a population of less than 250,000
634-19 shall be placed in a fund known as a bail security fund.
634-20 (c) The property executed in trust under Subsection
634-21 (a)(1)(B) must be valued in the amount indicated on an appraisal by
634-22 a real estate appraiser who is a member in good standing of a
634-23 nationally recognized professional appraiser society or trade
634-24 organization that has an established code of ethics, educational
634-25 program, and professional certification program.
634-26 (d) The total value of the property executed in trust under
634-27 Subsection (a)(1)(B) may not be less than $50,000, except that the
635-1 value may not be less than $10,000 in a county with a population of
635-2 less than 250,000.
635-3 (e) [(d)] A trust created under Subsection (a)(1)(B) is
635-4 subject to the condition that the property executed in trust may,
635-5 after notice is provided and under the conditions required by the
635-6 Code of Criminal Procedure, be sold to satisfy a final judgment on
635-7 a forfeiture on a bail bond executed by the applicant.
635-8 (f) [(e)] If an applicant is married, the applicant's spouse
635-9 must execute each deed of trust under Subsection (a)(1)(B) that
635-10 involves community property.
635-11 (g) [(f)] A board shall file each deed of trust in the
635-12 records of each county in which the property is located. The
635-13 applicant shall pay the filing fee.
635-14 (h) [(g)] The certificate of authority to do business in
635-15 this state issued under Article 8.20, Insurance Code, to an
635-16 applicant that is a corporation is conclusive evidence of:
635-17 (1) the sufficiency of the applicant's security; and
635-18 (2) the applicant's solvency and credits.
635-19 (i) [(h)] A license holder must maintain the amount of
635-20 security required by this section during the time the person holds
635-21 the license.
635-22 SECTION 14.505. (a) Section 1704.162, Occupations Code, is
635-23 amended to conform to Section 1, Chapter 1474, Acts of the 76th
635-24 Legislature, Regular Session, 1999, by amending Subsection (a) and
635-25 adding Subsections (e) and (f) to read as follows:
635-26 (a) A license issued or renewed under this chapter expires
635-27 on the second anniversary after the date the license is issued or
636-1 is to expire, as appropriate, if the license:
636-2 (1) has been issued for less than eight consecutive
636-3 years; or
636-4 (2) has been suspended.
636-5 (e) A person who applies to renew a license that has been
636-6 held by the person for at least eight consecutive years without
636-7 having been suspended or revoked under this chapter and who
636-8 complies with the requirements of this chapter may renew the
636-9 license for a period of 36 months from the date of expiration if
636-10 the board:
636-11 (1) knows of no legal reason why the license should
636-12 not be renewed; and
636-13 (2) determines that the applicant has submitted an
636-14 annual financial report to each county bail bond board before the
636-15 anniversary date of the issuance of the applicant's license.
636-16 (f) A license renewed under Subsection (e) may be renewed
636-17 subsequently each 36 months in a similar manner.
636-18 (b) Section 1, Chapter 1474, Acts of the 76th Legislature,
636-19 Regular Session, 1999, is repealed.
636-20 SECTION 14.506. (a) Section 1704.203, Occupations Code, is
636-21 amended to conform to Section 1, Chapter 1096, Acts of the 76th
636-22 Legislature, Regular Session, 1999, by amending Subsection (a) and
636-23 adding Subsections (f) and (g) to read as follows:
636-24 (a) Except as provided by Subsection (d), a license holder
636-25 who holds a license originally issued before September 1, 1999, may
636-26 not execute, and a person may not accept from the [a] license
636-27 holder, a bail bond that, in the aggregate with other bail bonds
637-1 executed by the license holder in that county, results in a total
637-2 amount that exceeds 10 times the value of the security deposited or
637-3 executed by the license holder under Section 1704.160.
637-4 (f) A bail bond surety who holds a license originally issued
637-5 on or after September 1, 1999, and who:
637-6 (1) has been licensed for fewer than two years or has
637-7 had a license under this chapter suspended or revoked may not
637-8 execute, and a person may not accept from the license holder, bail
637-9 bonds that in the aggregate exceed 10 times the value of property
637-10 held as security under Section 1704.160(a)(1)(A) plus five times
637-11 the value of property held in trust under Section
637-12 1704.160(a)(1)(B);
637-13 (2) has been licensed for at least two years and fewer
637-14 than four years may not execute, and a person may not accept from
637-15 the license holder, bail bonds that in the aggregate exceed 10
637-16 times the value of property held as security under Section
637-17 1704.160(a)(1)(A) plus six times the value of property held in
637-18 trust under Section 1704.160(a)(1)(B);
637-19 (3) has been licensed for at least four years and
637-20 fewer than six years may not execute, and a person may not accept
637-21 from the license holder, bail bonds that in the aggregate exceed 10
637-22 times the value of property held as security under Section
637-23 1704.160(a)(1)(A) plus eight times the value of property held in
637-24 trust under Section 1704.160(a)(1)(B); or
637-25 (4) has been licensed for at least six years may not
637-26 execute, and a person may not accept from the license holder, bail
637-27 bonds that in the aggregate exceed 10 times the value of property
638-1 held as security under Section 1704.160(a)(1)(A) plus 10 times the
638-2 value of property held in trust under Section 1704.160(a)(1)(B).
638-3 (g) If a bail bond surety is subject to Subsection (f)(1)
638-4 because the person has had a license under this chapter suspended
638-5 or revoked and is also subject to Subsection (f)(2), (3), or (4),
638-6 the prohibition imposed by Subsection (f)(1) controls.
638-7 (b) Section 1, Chapter 1096, Acts of the 76th Legislature,
638-8 Regular Session, 1999, is repealed.
638-9 SECTION 14.507. The following are repealed:
638-10 (1) Section 1701.961, Occupations Code, to conform to
638-11 Section 16, Chapter 149, Acts of the 76th Legislature, Regular
638-12 Session, 1999; and
638-13 (2) Section 1704.106, Occupations Code, to conform to
638-14 Section 1, Chapter 434, Acts of the 76th Legislature, Regular
638-15 Session, 1999.
638-16 PART 19. CHANGES RELATING TO CHAPTER 1702,
638-17 TITLE 10, OCCUPATIONS CODE
638-18 SECTION 14.551. (a) The heading of Chapter 1702, Occupations
638-19 Code, is amended to conform to Section 1, Chapter 974, Acts of the
638-20 76th Legislature, Regular Session, 1999, to read as follows:
638-21 CHAPTER 1702. [PRIVATE INVESTIGATORS AND]
638-22 PRIVATE SECURITY [AGENCIES]
638-23 (b) Section 1702.001, Occupations Code, is amended to
638-24 conform to Section 1, Chapter 974, Acts of the 76th Legislature,
638-25 Regular Session, 1999, to read as follows:
638-26 Sec. 1702.001. SHORT TITLE. This chapter may be cited as the
638-27 [Private Investigators and] Private Security [Agencies] Act.
639-1 (c) Section 1, Chapter 974, Acts of the 76th Legislature,
639-2 Regular Session, 1999, is repealed.
639-3 SECTION 14.552. Section 1702.002, Occupations Code, is
639-4 amended to more accurately reflect the law from which it was
639-5 derived and to conform to Sections 2 and 5, Chapter 974, Acts of
639-6 the 76th Legislature, Regular Session, 1999, to read as follows:
639-7 Sec. 1702.002. DEFINITIONS. In this chapter:
639-8 (1) "Alarm system" means an alarm system, [a] burglar
639-9 alarm signal device, burglar alarm, robbery alarm, television
639-10 camera, or still camera used to signal the presence of an emergency
639-11 to which law enforcement or emergency services are expected to
639-12 respond[, or other electrical, mechanical, or electronic device
639-13 used:]
639-14 [(A) to prevent or detect burglary, theft,
639-15 robbery, or other losses resulting from similar acts;]
639-16 [(B) to prevent or detect intrusion; or]
639-17 [(C) primarily to detect or summon aid for
639-18 emergencies not listed in Paragraph (A) or (B)].
639-19 (2) ["Board" means the Texas Board of Private
639-20 Investigators and Private Security Agencies.]
639-21 [(3)] "Branch office" means an office that is:
639-22 (A) identified to the public as a place from
639-23 which business is conducted, solicited, or advertised; and
639-24 (B) at a place other than the principal place of
639-25 business as shown in commission [board] records.
639-26 (3) [(4)] "Branch office license" means a permit
639-27 issued by the commission [board] that entitles a person to operate
640-1 at a branch office as a security services contractor or
640-2 investigations company.
640-3 (4) "Commission" means the Texas Commission on Private
640-4 Security.
640-5 (5) "Commissioned security officer" means a security
640-6 officer to whom a security officer commission has been issued by
640-7 the commission [board].
640-8 (6) "Detection device" means an electronic device
640-9 used[:]
640-10 [(A)] as a part of a burglar or robbery alarm,
640-11 including a control, communications device, motion detector, door
640-12 or window switch, sound detector, vibration detector, light beam,
640-13 pressure mat, wiring, or similar device[; or]
640-14 [(B) to limit a person's access into a structure
640-15 or gate compound, including a control, communications device,
640-16 motion detector, door or window switch, card or proximity reader,
640-17 push-button keypad entry, gate entry device, door exit button, or
640-18 similar device].
640-19 (7) "Extra job coordinator" means a peace officer who:
640-20 (A) is employed full-time by the state or a
640-21 municipality; and
640-22 (B) schedules other peace officers to provide
640-23 guard, patrolman, or watchman services in a private capacity who
640-24 are:
640-25 (i) employed full-time by the state or a
640-26 municipality; and
640-27 (ii) not employed by the extra job
641-1 coordinator.
641-2 (8) "Firearm" has the meaning assigned by Section
641-3 46.01, Penal Code.
641-4 (9) [(8)] "Insurance agent" means:
641-5 (A) a person licensed under Article 1.14-2 or
641-6 21.14, Insurance Code;
641-7 (B) a salaried, state, or special agent; or
641-8 (C) a person authorized to represent an
641-9 insurance fund or pool created by a local government under Chapter
641-10 791, Government Code.
641-11 (10) [(9)] "Investigations company" means a person who
641-12 performs the activities described by Section 1702.104.
641-13 (11) [(10)] "Letter of authority" means a permit
641-14 issued by the commission [board] that entitles the security
641-15 department of a private business or a political subdivision to
641-16 employ a commissioned security officer.
641-17 (12) [(11)] "License" means a permit issued by the
641-18 commission [board] that entitles a person to operate as a security
641-19 services contractor or investigations company.
641-20 (13) [(12)] "License holder" means a person to whom
641-21 the commission [board] issues a license.
641-22 (14) [(13)] "Manager" means an officer or supervisor
641-23 of a corporation or a general partner of a partnership who has the
641-24 experience required by Section 1702.119 to manage a security
641-25 services contractor or an investigations company.
641-26 (15) [(14)] "Peace officer" means a person who is a
641-27 peace officer under Article 2.12, Code of Criminal Procedure.
642-1 (16) "Person" includes an individual, firm,
642-2 association, company, partnership, corporation, nonprofit
642-3 organization, institution, or similar entity. Section 311.005(2),
642-4 Government Code, does not apply to this subdivision.
642-5 (17) [(15)] "Personal protection officer
642-6 authorization" means a permit issued by the commission [board] that
642-7 entitles an individual to act as a personal protection officer.
642-8 (18) [(16)] "Private investigator" means an individual
642-9 who performs one or more services described by Section 1702.104.
642-10 (19) [(17)] "Registrant" means an individual who has
642-11 registered with the commission [board] under Section 1702.221.
642-12 (20) [(18)] "Registration" means a permit issued by
642-13 the commission [board] to an individual described by Section
642-14 1702.221.
642-15 (21) [(19)] "Security officer commission" means an
642-16 authorization issued by the commission [board] that entitles a
642-17 security officer to carry a firearm.
642-18 (22) [(20)] "Security services contractor" means a
642-19 person who performs the activities described by Section 1702.102.
642-20 SECTION 14.553. (a) Section 1702.003, Occupations Code, is
642-21 amended to conform to Section 4, Chapter 974, Acts of the 76th
642-22 Legislature, Regular Session, 1999, to read as follows:
642-23 Sec. 1702.003. APPLICATION OF SUNSET ACT. The Texas
642-24 Commission on [Board of Private Investigators and] Private
642-25 Security [Agencies] is subject to Chapter 325, Government Code
642-26 (Texas Sunset Act). Unless continued in existence as provided by
642-27 that chapter, the commission [board] is abolished and this chapter
643-1 expires September 1, 2009 [1999].
643-2 (b) Section 4, Chapter 974, Acts of the 76th Legislature,
643-3 Regular Session, 1999, is repealed.
643-4 SECTION 14.554. Section 1702.004, Occupations Code, is
643-5 amended to conform to Section 5, Chapter 974, Acts of the 76th
643-6 Legislature, Regular Session, 1999, to read as follows:
643-7 Sec. 1702.004. GENERAL SCOPE OF REGULATION. The commission
643-8 [board], in addition to performing duties required by other law or
643-9 exercising powers granted by other law:
643-10 (1) licenses investigations companies and security
643-11 services contractors;
643-12 (2) issues commissions to certain security officers;
643-13 (3) issues authorizations to certain security officers
643-14 engaged in the personal protection of individuals;
643-15 (4) registers:
643-16 (A) certain individuals connected with a license
643-17 holder; and
643-18 (B) certain individuals employed in a field
643-19 connected to private investigation or private security; and
643-20 (5) regulates license holders, security officers, and
643-21 registrants under this chapter.
643-22 SECTION 14.555. The heading of Subchapter B, Chapter 1702,
643-23 Occupations Code, is amended to conform to Section 5, Chapter 974,
643-24 Acts of the 76th Legislature, Regular Session, 1999, to read as
643-25 follows:
643-26 SUBCHAPTER B. TEXAS COMMISSION ON [BOARD OF PRIVATE
643-27 INVESTIGATORS AND] PRIVATE SECURITY [AGENCIES]
644-1 SECTION 14.556. Section 1702.021, Occupations Code, is
644-2 amended to conform to Section 5, Chapter 974, Acts of the 76th
644-3 Legislature, Regular Session, 1999, to read as follows:
644-4 Sec. 1702.021. COMMISSION [BOARD] MEMBERSHIP. (a) The Texas
644-5 Commission on [Board of Private Investigators and] Private Security
644-6 [Agencies] consists of nine [six] members appointed by the governor
644-7 with the advice and consent of the senate as follows:
644-8 (1) five [three] public members, each of whom is a
644-9 citizen of the United States;
644-10 (2) one member [two members] who:
644-11 (A) is [are] licensed under this chapter as a
644-12 private investigator;
644-13 (B) [, each of whom:]
644-14 [(A)] has been engaged as a private
644-15 investigator for at least the five [consecutive] years preceding
644-16 appointment [as a private investigator or security services
644-17 contractor]; and
644-18 (C) [(B)] is not employed by a person who
644-19 employs another member of the commission [board]; [and]
644-20 (3) one member who is licensed under this chapter as
644-21 an alarm systems company and who:
644-22 (A) has been engaged as an alarm systems company
644-23 for at least the five years preceding appointment; and
644-24 (B) is not employed by a person who employs
644-25 another member of the commission;
644-26 (4) one member who:
644-27 (A) is licensed under this chapter as the owner
645-1 or operator of a guard company;
645-2 (B) has been the owner or operator of the guard
645-3 company [operated] for at least the five [consecutive] years
645-4 preceding appointment [as a guard company]; and
645-5 (C) is not employed by a person who employs
645-6 another member of the commission; and
645-7 (5) one member who:
645-8 (A) holds a license, security officer
645-9 commission, or registration under this chapter;
645-10 (B) has been engaged in activity regulated by
645-11 the commission under this chapter for at least the five years
645-12 preceding appointment; and
645-13 (C) is not employed by a person who employs
645-14 another member of the commission [board].
645-15 (b) Appointments to the commission [board] shall be made
645-16 without regard to the race, [creed,] color, disability, sex,
645-17 religion, age, or national origin of the appointee.
645-18 (c) On presentation by a commission [board] member of the
645-19 constitutional oath taken by the member, together with the
645-20 certificate of appointment, the secretary of state shall issue a
645-21 commission to the member as evidence of the member's authority to
645-22 act as a commission [board] member.
645-23 SECTION 14.557. Section 1702.022, Occupations Code, is
645-24 amended to conform to Sections 5, 6, 7, and 55(1), Chapter 974,
645-25 Acts of the 76th Legislature, Regular Session, 1999, to read as
645-26 follows:
645-27 Sec. 1702.022. EX OFFICIO COMMISSION MEMBER [BOARD MEMBERS].
646-1 (a) The director of the Texas Department of Public Safety serves
646-2 as an [and the attorney general are] ex officio member [members] of
646-3 the commission [board] during the director's term [their terms] of
646-4 office and has the same powers and [shall perform the] duties as
646-5 other commission [required of board] members.
646-6 (b) The [attorney general and the] director of the Texas
646-7 Department of Public Safety may delegate to a personal
646-8 representative from the department [their respective offices] the
646-9 [authority and] duty to represent the director [them] on the
646-10 commission [board].
646-11 [(c) The designated representative may exercise the powers
646-12 and duties of the ex officio board member while performing official
646-13 board business, but the member making the designation is
646-14 responsible for the representative's acts and decisions.]
646-15 SECTION 14.558. Section 1702.023, Occupations Code, is
646-16 amended to conform to Section 5, Chapter 974, Acts of the 76th
646-17 Legislature, Regular Session, 1999, to read as follows:
646-18 Sec. 1702.023. ELIGIBILITY OF PUBLIC MEMBERS. The
646-19 commission's public members must be representatives of the general
646-20 public. A person may not be [is not eligible for appointment as] a
646-21 public member of the commission if the person or the person's
646-22 spouse:
646-23 (1) is registered, commissioned, certified, or
646-24 licensed by a [an occupational] regulatory agency in the field of
646-25 private investigations or private security;
646-26 (2) is employed by or participates in the management
646-27 of a business entity or other organization regulated by or
647-1 receiving money from the commission [related to the field of
647-2 private security]; [or]
647-3 (3) owns or controls, directly or indirectly, more
647-4 than a 10 percent [has, other than as a consumer, a financial]
647-5 interest in a business entity or other organization regulated by or
647-6 receiving money from the commission; or
647-7 (4) uses or receives a substantial amount of tangible
647-8 goods, services, or money from the commission other than
647-9 compensation or reimbursement authorized by law for commission
647-10 membership, attendance, or expenses [related to the field of
647-11 private security].
647-12 SECTION 14.559. Section 1702.024, Occupations Code, is
647-13 amended to conform to Sections 5 and 6, Chapter 974, Acts of the
647-14 76th Legislature, Regular Session, 1999, to read as follows:
647-15 Sec. 1702.024. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In
647-16 this section, "Texas trade association" means a [nonprofit,]
647-17 cooperative[,] and voluntarily joined association of business or
647-18 professional competitors in this state designed to assist its
647-19 members and its industry or profession in dealing with mutual
647-20 business or professional problems and in promoting their common
647-21 interests.
647-22 (b) A person may not be a commission member and may not be a
647-23 commission employee employed in a "bona fide executive,
647-24 administrative, or professional capacity," as that phrase is used
647-25 for purposes of establishing an exemption to the overtime
647-26 provisions of the federal Fair Labor Standards Act of 1938 (29
647-27 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
648-1 (1) the person is [or employee of the board may not
648-2 be] an officer, employee, or paid consultant of a Texas trade
648-3 association in the field of private investigation or private
648-4 security; or
648-5 (2) the person's [industry.]
648-6 [(c) A person who is the] spouse is [of] an officer, manager
648-7 [employee], or paid consultant of a Texas trade association in the
648-8 field of private investigation or private security [on behalf of a
648-9 profession related to the operation of the board may not be a board
648-10 member and may not be an employee of the board who is compensated
648-11 at or above the amount prescribed by the General Appropriations Act
648-12 for step 1, salary group A17, of the position classification salary
648-13 schedule].
648-14 (c) [(d)] A person may not be [serve as] a commission
648-15 [board] member or act as general counsel to the commission or
648-16 agency [board] if the person is required to register as a lobbyist
648-17 under Chapter 305, Government Code, because of the person's
648-18 activities for compensation on behalf of a profession related to
648-19 the operation of the agency [board].
648-20 SECTION 14.560. (a) Section 1702.025, Occupations Code, is
648-21 amended to conform to Sections 5 and 7, Chapter 974, Acts of the
648-22 76th Legislature, Regular Session, 1999, to read as follows:
648-23 Sec. 1702.025. TERMS; VACANCIES. (a) The appointed
648-24 commission [board] members serve staggered six-year terms, with the
648-25 terms of three [two] appointed members expiring on January 31 of
648-26 each odd-numbered year.
648-27 (b) If a vacancy occurs during the term of an appointed
649-1 commission [board] member, the governor shall appoint a new member
649-2 to fill the unexpired term.
649-3 (b) Section 7, Chapter 974, Acts of the 76th Legislature,
649-4 Regular Session, 1999, is repealed.
649-5 SECTION 14.561. (a) Section 1702.026, Occupations Code, is
649-6 amended to conform to Sections 5 and 15, Chapter 974, Acts of the
649-7 76th Legislature, Regular Session, 1999, to read as follows:
649-8 Sec. 1702.026. OFFICERS. (a) The governor shall designate
649-9 one commission [board] member as presiding officer to serve in that
649-10 capacity at the will of the governor. The governor shall designate
649-11 the presiding officer without regard to race, creed, color,
649-12 disability, sex, religion, age, or national origin.
649-13 (b) The commission [board], including the representative of
649-14 the director of the Texas Department of Public Safety if one is
649-15 designated, shall elect from among its members an assistant
649-16 presiding officer and a secretary to serve two-year terms beginning
649-17 on September 1 of each odd-numbered year.
649-18 (c) The presiding officer of the commission [board] or, in
649-19 the absence of [when] the presiding officer [is absent], the
649-20 assistant presiding officer shall preside at each commission
649-21 [board] meeting and perform the other duties prescribed by this
649-22 chapter.
649-23 (b) Section 15, Chapter 974, Acts of the 76th Legislature,
649-24 Regular Session, 1999, is repealed.
649-25 SECTION 14.562. Section 1702.027, Occupations Code, is
649-26 amended to conform to Section 5, Chapter 974, Acts of the 76th
649-27 Legislature, Regular Session, 1999, to read as follows:
650-1 Sec. 1702.027. GROUNDS FOR REMOVAL. (a) It is a ground for
650-2 removal from the commission [board] that a member:
650-3 (1) does not have the qualifications required by
650-4 Section 1702.021 [or 1702.023 for appointment to the board] at the
650-5 time of taking office [appointment];
650-6 (2) does not maintain the qualifications required by
650-7 Section 1702.021 [or 1702.023 for appointment to the board] during
650-8 service on the commission [board];
650-9 (3) is ineligible for membership under [violates a
650-10 prohibition established by] Section 1702.023 or 1702.024;
650-11 (4) cannot, because of illness or disability,
650-12 discharge the member's duties for a substantial part of the
650-13 member's term; or
650-14 (5) is absent from more than [at least] half of the
650-15 regularly scheduled commission [board] meetings that the member is
650-16 eligible to attend during [held in] a calendar year without an
650-17 excuse approved by a majority vote of the commission[, excluding
650-18 meetings held when the person was not a board member].
650-19 (b) The validity of an action of the commission [board] is
650-20 not affected by the fact that it is [was] taken when a ground for
650-21 removal of a commission [board] member exists [existed].
650-22 (c) If the director has knowledge that a potential ground
650-23 for removal exists, the director shall notify the presiding officer
650-24 of the commission [board] of the potential ground. The presiding
650-25 officer shall then notify the governor and the attorney general
650-26 that a potential ground for removal exists. If the potential
650-27 ground for removal involves the presiding officer, the director
651-1 shall notify the next highest ranking officer of the commission,
651-2 who shall then notify the governor and the attorney general that a
651-3 potential ground for removal exists.
651-4 SECTION 14.563. Section 1702.028(a), Occupations Code, is
651-5 amended to conform to Section 5, Chapter 974, Acts of the 76th
651-6 Legislature, Regular Session, 1999, to read as follows:
651-7 (a) A commission [board] member is entitled to a per diem as
651-8 set by legislative appropriation for each day the member engages in
651-9 the business of the commission [board].
651-10 SECTION 14.564. Section 1702.029, Occupations Code, is
651-11 amended to conform to Section 5, Chapter 974, Acts of the 76th
651-12 Legislature, Regular Session, 1999, to read as follows:
651-13 Sec. 1702.029. MEETINGS. The commission [board] shall meet
651-14 at regular intervals to be decided by the commission [board].
651-15 SECTION 14.565. (a) Subchapter B, Chapter 1702, Occupations
651-16 Code, is amended to conform to Sections 5 and 6, Chapter 974, Acts
651-17 of the 76th Legislature, Regular Session, 1999, by adding Section
651-18 1702.030 to read as follows:
651-19 Sec. 1702.030. TRAINING. (a) A person who is appointed to
651-20 and qualifies for office as a commission member may not vote,
651-21 deliberate, or be counted as a member in attendance at a commission
651-22 meeting until the person completes a training program that complies
651-23 with this section.
651-24 (b) The training program must provide the person with
651-25 information regarding:
651-26 (1) this chapter;
651-27 (2) the programs operated by the commission;
652-1 (3) the role and functions of the commission;
652-2 (4) the rules of the commission, with an emphasis on
652-3 the rules that relate to disciplinary and investigatory authority;
652-4 (5) the current budget for the commission;
652-5 (6) the results of the most recent formal audit of the
652-6 commission;
652-7 (7) the requirements of:
652-8 (A) the open meetings law, Chapter 551,
652-9 Government Code;
652-10 (B) the public information law, Chapter 552,
652-11 Government Code;
652-12 (C) the administrative procedure law, Chapter
652-13 2001, Government Code; and
652-14 (D) other laws relating to public officials,
652-15 including conflict of interest laws; and
652-16 (8) any applicable ethics policies adopted by the
652-17 commission or the Texas Ethics Commission.
652-18 (c) A person appointed to the commission is entitled to
652-19 reimbursement, as provided by the General Appropriations Act, for
652-20 the travel expenses incurred in attending the training program
652-21 regardless of whether the attendance at the program occurs before
652-22 or after the person qualifies for office.
652-23 (b) Section 6, Chapter 974, Acts of the 76th Legislature,
652-24 Regular Session, 1999, is repealed.
652-25 SECTION 14.566. Section 1702.041, Occupations Code, is
652-26 amended to conform to Section 5, Chapter 974, Acts of the 76th
652-27 Legislature, Regular Session, 1999, to read as follows:
653-1 Sec. 1702.041. DIRECTOR. (a) The director is the chief
653-2 administrator of the commission [board]. The director shall perform
653-3 duties as prescribed by the commission [board].
653-4 (b) The director is a full-time employee of the commission
653-5 [board]. A commission [board] member may not serve as director.
653-6 SECTION 14.567. Section 1702.042, Occupations Code, is
653-7 amended to conform to Section 5, Chapter 974, Acts of the 76th
653-8 Legislature, Regular Session, 1999, to read as follows:
653-9 Sec. 1702.042. PERSONNEL; CONFLICT OF INTEREST. An employee
653-10 of the commission [board] may not:
653-11 (1) have a financial or business interest, contingent
653-12 or otherwise, in a security services contractor or investigations
653-13 company; or
653-14 (2) be licensed under this chapter.
653-15 SECTION 14.568. Section 1702.043, Occupations Code, is
653-16 amended to conform to Sections 5 and 8, Chapter 974, Acts of the
653-17 76th Legislature, Regular Session, 1999, to read as follows:
653-18 Sec. 1702.043. DIVISION OF RESPONSIBILITIES. The commission
653-19 [board] shall develop and implement [adopt] policies that clearly
653-20 separate [define] the policy-making [respective] responsibilities
653-21 of the commission [board] and the management responsibilities of
653-22 the director and staff of the commission [board].
653-23 SECTION 14.569. Section 1702.044, Occupations Code, is
653-24 amended to conform to Sections 5 and 8, Chapter 974, Acts of the
653-25 76th Legislature, Regular Session, 1999, to read as follows:
653-26 Sec. 1702.044. QUALIFICATIONS AND STANDARDS OF CONDUCT
653-27 INFORMATION. The director or the director's designee [board] shall
654-1 provide to commission members and to agency employees, as often as
654-2 necessary, [to its members and employees] information regarding the
654-3 requirements for office or employment under this chapter, including
654-4 information regarding a person's [their:]
654-5 [(1) qualifications for office or employment under
654-6 this chapter; and]
654-7 [(2)] responsibilities under applicable laws relating
654-8 to standards of conduct for state officers or employees.
654-9 SECTION 14.570. Section 1702.045(b), Occupations Code, is
654-10 amended to conform to Section 5, Chapter 974, Acts of the 76th
654-11 Legislature, Regular Session, 1999, to read as follows:
654-12 (b) The director or the director's designee shall develop a
654-13 system of annual performance evaluations. All merit pay for
654-14 commission [board] employees must be based on the system
654-15 established under this subsection.
654-16 SECTION 14.571. (a) Section 1702.046, Occupations Code, is
654-17 amended to conform to Sections 5 and 9, Chapter 974, Acts of the
654-18 76th Legislature, Regular Session, 1999, to read as follows:
654-19 Sec. 1702.046. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT.
654-20 (a) The director or the director's designee shall prepare and
654-21 maintain a written policy statement that implements [to ensure
654-22 implementation of] an equal employment opportunity program to
654-23 ensure that [under which] all personnel decisions [transactions]
654-24 are made without regard to race, creed, color, disability, sex,
654-25 religion, age, or national origin. The policy statement must
654-26 include:
654-27 (1) personnel policies, including policies related to
655-1 recruitment, evaluation, selection, [appointment,] training, and
655-2 promotion of personnel, that show the intent of the commission to
655-3 avoid the unlawful employment practices described by Chapter 21,
655-4 Labor Code; and
655-5 (2) an [a comprehensive] analysis of the extent to
655-6 which the composition of the commission's personnel is in
655-7 accordance with [board's workforce that meets] federal and state
655-8 law and a description of reasonable methods to achieve compliance
655-9 with federal and state law [guidelines;]
655-10 [(3) procedures by which a determination can be made
655-11 of significant underuse in the board's workforce of all persons for
655-12 whom federal or state guidelines encourage a more equitable
655-13 balance; and]
655-14 [(4) reasonable methods to appropriately address those
655-15 areas of significant underuse].
655-16 (b) The policy statement must:
655-17 (1) be reviewed by the state Commission on Human
655-18 Rights for compliance with Subsection (a)(1) [cover an annual
655-19 period];
655-20 (2) be updated at least annually; and
655-21 (3) be filed with the governor.
655-22 [(c) The governor shall deliver a biennial report to the
655-23 legislature based on the information received under Subsection (b).
655-24 The report may be made separately or as a part of other biennial
655-25 reports made to the legislature.]
655-26 (b) Section 9, Chapter 974, Acts of the 76th Legislature,
655-27 Regular Session, 1999, is repealed.
656-1 SECTION 14.572. The heading of Subchapter D, Chapter 1702,
656-2 Occupations Code, is amended to conform to Section 5, Chapter 974,
656-3 Acts of the 76th Legislature, Regular Session, 1999, to read as
656-4 follows:
656-5 SUBCHAPTER D. POWERS AND DUTIES OF COMMISSION [BOARD]
656-6 SECTION 14.573. (a) Section 1702.061, Occupations Code, is
656-7 amended to conform to Sections 5, 8, and 10, Chapter 974, Acts of
656-8 the 76th Legislature, Regular Session, 1999, to read as follows:
656-9 Sec. 1702.061. GENERAL POWERS AND DUTIES OF COMMISSION
656-10 [BOARD]. (a) The Texas Commission on [Board of Private
656-11 Investigators and] Private Security [Agencies] shall perform the
656-12 functions and duties provided by this chapter.
656-13 (b) The commission shall adopt rules and general policies
656-14 to guide the agency in the administration of this chapter.
656-15 (c) The rules and policies adopted by the commission under
656-16 Subsection (b) must be consistent with this chapter and other
656-17 commission rules adopted under this chapter and with any other
656-18 applicable law, state rule, or federal regulation.
656-19 (d) The commission [board] has the powers and duties to:
656-20 (1) determine the qualifications of license holders,
656-21 registrants, and commissioned security officers;
656-22 (2) investigate alleged violations of this chapter and
656-23 of commission [board] rules;
656-24 (3) adopt rules necessary to implement this chapter;
656-25 and
656-26 (4) establish and enforce standards governing the
656-27 safety and conduct of each person licensed, registered, or
657-1 commissioned under this chapter.
657-2 (e) [(c)] The commission [board] shall have a seal in the
657-3 form prescribed by the commission [board].
657-4 (f) The commission may commission investigators who are
657-5 employed full-time by the commission as peace officers for the
657-6 limited purpose of assisting the commission in investigating
657-7 alleged violations of this chapter and of commission rules.
657-8 (b) Sections 8 and 10, Chapter 974, Acts of the 76th
657-9 Legislature, Regular Session, 1999, are repealed.
657-10 SECTION 14.574. Section 1702.062, Occupations Code, is
657-11 amended to conform to Sections 5 and 21, Chapter 974, Acts of the
657-12 76th Legislature, Regular Session, 1999, to read as follows:
657-13 Sec. 1702.062. FEES. (a) The commission [If the General
657-14 Appropriations Act does not specify the amount of a fee, the board]
657-15 by rule shall establish reasonable and necessary fees that produce
657-16 sufficient revenue to administer this chapter. The fees may not
657-17 produce unnecessary fund balances and may not exceed the following
657-18 amounts:
657-19 Class A license $250 [$225]
657-20 (original and renewal)
657-21 Class B license $300 [$225]
657-22 (original and renewal)
657-23 Class C license $440 [$340]
657-24 (original and renewal)
657-25 Reinstate suspended license $150
657-26 Assignment of license $150
657-27 Change name of license $ 75
658-1 Delinquency fee _____
658-2 Branch office certificate and renewal $200 [$150]
658-3 Registration fee for private investigator, manager,
658-4 branch office manager, and alarm systems installer $ 20
658-5 (original and renewal)
658-6 Registration fee for noncommissioned security
658-7 officer $ 25 [$ 35]
658-8 (original and renewal)
658-9 Registration fee for security salesperson $ 20
658-10 Registration fee for alarm systems monitor $ 20
658-11 Registration fee for dog trainer $ 20
658-12 Registration fee for owner, officer, partner, or
658-13 shareholder of a license holder $ 50 [$ 20]
658-14 Registration fee for security consultant $ 55
658-15 Security officer commission fee $ 50 [$ 35]
658-16 (original and renewal)
658-17 School instructor fee $100
658-18 (original and renewal)
658-19 School approval fee $250
658-20 (original and renewal)
658-21 Letter of authority fee for private business
658-22 and political subdivision $300
658-23 Letter of authority renewal fee for private
658-24 business and political subdivision $225
658-25 [(original and renewal)]
658-26 FBI fingerprint check $ 25
658-27 Duplicate pocket card $ 10
659-1 Employee information update fee $ 15
659-2 Burglar alarm sellers renewal fee $ 25
659-3 Personal protection officer authorization $ 50
659-4 (b) In addition to other fees established under this
659-5 chapter, the commission [board] may charge a fee each time the
659-6 commission [board] requires a person regulated under this chapter
659-7 to resubmit a set of fingerprints for processing by the commission
659-8 [board] during the application process for a license, registration,
659-9 or commission. The commission [board] shall set the fee in an
659-10 amount that is reasonable and necessary to cover the commission's
659-11 [board's] administrative expenses related to processing the
659-12 fingerprints.
659-13 SECTION 14.575. The heading of Section 1702.063, Occupations
659-14 Code, is amended to conform to Section 5, Chapter 974, Acts of the
659-15 76th Legislature, Regular Session, 1999, to read as follows:
659-16 Sec. 1702.063. COMMISSION [BOARD] USE OF FINES.
659-17 SECTION 14.576. Section 1702.064, Occupations Code, is
659-18 amended to conform to Section 5, Chapter 974, Acts of the 76th
659-19 Legislature, Regular Session, 1999, to read as follows:
659-20 Sec. 1702.064. RULES RESTRICTING ADVERTISING OR COMPETITIVE
659-21 BIDDING. (a) The commission [board] may not adopt rules
659-22 restricting advertising or competitive bidding by a person
659-23 regulated by the commission [board] except to prohibit false,
659-24 misleading, or deceptive practices by the person.
659-25 (b) The commission [board] may not include in its rules to
659-26 prohibit false, misleading, or deceptive practices by a person
659-27 regulated by the commission [board] a rule that:
660-1 (1) restricts the person's use of any medium for
660-2 advertising;
660-3 (2) restricts the person's personal appearance or use
660-4 of the person's personal voice in an advertisement;
660-5 (3) relates to the size or duration of an
660-6 advertisement by the person; or
660-7 (4) restricts the person's advertisement under a trade
660-8 name.
660-9 SECTION 14.577. (a) Subchapter D, Chapter 1702, Occupations
660-10 Code, is amended to conform to Sections 5 and 22, Chapter 974, Acts
660-11 of the 76th Legislature, Regular Session, 1999, by adding Section
660-12 1702.0645 to read as follows:
660-13 Sec. 1702.0645. PAYMENT OF FEES AND FINES. (a) The
660-14 commission may adopt rules regarding the method of payment of a fee
660-15 or a fine assessed under this chapter.
660-16 (b) Rules adopted under this section may:
660-17 (1) authorize the use of electronic funds transfer or
660-18 a valid credit card issued by a financial institution chartered by
660-19 a state or the federal government or by a nationally recognized
660-20 credit organization approved by the commission; and
660-21 (2) require the payment of a discount or a reasonable
660-22 service charge for a credit card payment in addition to the fee or
660-23 the fine.
660-24 (b) Section 22, Chapter 974, Acts of the 76th Legislature,
660-25 Regular Session, 1999, is repealed.
660-26 SECTION 14.578. Section 1702.065, Occupations Code, is
660-27 amended to conform to Section 5, Chapter 974, Acts of the 76th
661-1 Legislature, Regular Session, 1999, to read as follows:
661-2 Sec. 1702.065. POWERS AND DUTIES RELATING TO ALARM SYSTEMS
661-3 INSTALLERS; CERTIFICATES OF INSTALLATION. (a) The commission
661-4 [board] may interpret and issue an opinion resolving a question
661-5 concerning the eligibility of an alarm system installation to
661-6 comply with Article 5.33A, Insurance Code. A commission [board]
661-7 interpretation or opinion relating to general conditions or an
661-8 individual installation is conclusive.
661-9 (b) The commission [board] may authorize an alarm systems
661-10 company to issue a certificate of installation showing that an
661-11 installation complies with Article 5.33A, Insurance Code. An
661-12 inspection otherwise required by the Insurance Code is not required
661-13 if a certificate is issued under this section. The certificate must
661-14 be furnished to the insurer, and the insurer shall determine
661-15 whether the person's property is in compliance with Article 5.33A,
661-16 Insurance Code, taking into consideration the installer's
661-17 certificate and information from any other investigation the
661-18 insurer determines to be appropriate.
661-19 SECTION 14.579. Section 1702.066, Occupations Code, is
661-20 amended to conform to Section 5, Chapter 974, Acts of the 76th
661-21 Legislature, Regular Session, 1999, to read as follows:
661-22 Sec. 1702.066. SERVICE OF PROCESS; SERVICE OF DOCUMENTS ON
661-23 COMMISSION [BOARD]. Legal process and documents required by law to
661-24 be served on or filed with the commission [board] must be served on
661-25 or filed with the director at the designated office of the
661-26 commission [board].
661-27 SECTION 14.580. Section 1702.067, Occupations Code, is
662-1 amended to conform to Section 5, Chapter 974, Acts of the 76th
662-2 Legislature, Regular Session, 1999, to read as follows:
662-3 Sec. 1702.067. COMMISSION [BOARD] RECORDS; EVIDENCE. An
662-4 official record of the commission [board] or an affidavit by the
662-5 director as to the content of the record is prima facie evidence of
662-6 a matter required to be kept by the commission [board].
662-7 SECTION 14.581. Section 1702.068, Occupations Code, is
662-8 amended to conform to Section 5, Chapter 974, Acts of the 76th
662-9 Legislature, Regular Session, 1999, to read as follows:
662-10 Sec. 1702.068. APPEAL BOND NOT REQUIRED. The commission
662-11 [board] is not required to give an appeal bond in any cause arising
662-12 under this chapter.
662-13 SECTION 14.582. Section 1702.069, Occupations Code, is
662-14 amended to conform to Section 5, Chapter 974, Acts of the 76th
662-15 Legislature, Regular Session, 1999, to read as follows:
662-16 Sec. 1702.069. ANNUAL REPORT. The commission [board] shall
662-17 file annually with the governor and the presiding officer of each
662-18 house of the legislature a complete and detailed written report
662-19 accounting for all money received and disbursed by the commission
662-20 [board] in the preceding fiscal year. The form of the annual
662-21 report and the reporting time are as provided in the General
662-22 Appropriations Act.
662-23 SECTION 14.583. Section 1702.081, Occupations Code, is
662-24 amended to conform to Section 5, Chapter 974, Acts of the 76th
662-25 Legislature, Regular Session, 1999, to read as follows:
662-26 Sec. 1702.081. PUBLIC INTEREST INFORMATION. (a) The
662-27 commission [board] shall prepare information of interest to
663-1 consumers or recipients of services regulated under this chapter
663-2 describing the commission's [board's] regulatory functions and the
663-3 procedures by which complaints are filed with and resolved by the
663-4 commission [board].
663-5 (b) The commission [board] shall make the information
663-6 available to the public and appropriate state agencies.
663-7 SECTION 14.584. (a) Section 1702.082, Occupations Code, is
663-8 amended to conform to Sections 5 and 35, Chapter 974, Acts of the
663-9 76th Legislature, Regular Session, 1999, to read as follows:
663-10 Sec. 1702.082. COMPLAINTS. (a) The commission [board] by
663-11 rule shall establish methods by which consumers and service
663-12 recipients are notified of the name, mailing address, and telephone
663-13 number of the commission [board] for the purpose of directing
663-14 complaints to the commission [board]. The commission [board] may
663-15 provide for that notice:
663-16 (1) on each registration form, application, or written
663-17 contract for services of a person regulated under this chapter;
663-18 (2) on a sign prominently displayed in the place of
663-19 business of each person regulated under this chapter; or
663-20 (3) in a bill for services provided by a person
663-21 regulated under this chapter.
663-22 (b) The commission [board] shall maintain a file on each
663-23 written complaint filed with the commission. The file must
663-24 include:
663-25 (1) the name of the person who filed the complaint;
663-26 (2) the date the complaint is received by the
663-27 commission;
664-1 (3) the subject matter of the complaint;
664-2 (4) the name of each person contacted in relation to
664-3 the complaint;
664-4 (5) a summary of the results of the review or
664-5 investigation of the complaint; and
664-6 (6) an explanation of the reason the file was closed,
664-7 if the agency closed the file without taking action other than to
664-8 investigate the complaint [keep an information file about each
664-9 complaint filed with the board relating to a person regulated by
664-10 the board].
664-11 (c) The commission shall provide to the person filing the
664-12 complaint a copy of the commission's policies and procedures
664-13 relating to complaint investigation and resolution.
664-14 (d) Unless it would jeopardize an undercover investigation,
664-15 the commission shall provide to each person who is a subject of the
664-16 complaint a copy of the commission's policies and procedures
664-17 relating to complaint investigation and resolution.
664-18 (e) The commission, at least quarterly until final
664-19 disposition of the complaint, shall notify the person filing the
664-20 complaint and each person who is a subject of the complaint of the
664-21 status of the investigation [If a written complaint is filed with
664-22 the board relating to a person regulated by the board, the board,
664-23 at least quarterly and until final disposition of the complaint,
664-24 shall notify the parties to the complaint of the status of the
664-25 complaint] unless the notice would jeopardize an undercover
664-26 investigation.
664-27 (b) Section 35, Chapter 974, Acts of the 76th Legislature,
665-1 Regular Session, 1999, is repealed.
665-2 SECTION 14.585. Section 1702.083, Occupations Code, is
665-3 amended to conform to Sections 5 and 11, Chapter 974, Acts of the
665-4 76th Legislature, Regular Session, 1999, to read as follows:
665-5 Sec. 1702.083. PUBLIC PARTICIPATION. The commission [board]
665-6 shall develop and implement [adopt] policies that provide the
665-7 public with a reasonable opportunity to appear before the
665-8 commission [board] and to speak on any issue under the commission's
665-9 [board's] jurisdiction.
665-10 SECTION 14.586. (a) Subchapter E, Chapter 1702, Occupations
665-11 Code, is amended to conform to Sections 5 and 16, Chapter 974, Acts
665-12 of the 76th Legislature, Regular Session, 1999, by adding Section
665-13 1702.084 to read as follows:
665-14 Sec. 1702.084. PUBLIC ACCESS TO CERTAIN RECORDS OF
665-15 DISCIPLINARY ACTIONS. (a) The commission shall make available to
665-16 the public through a toll-free telephone number, Internet website,
665-17 or other easily accessible medium determined by the commission the
665-18 following information relating to a disciplinary action taken
665-19 during the preceding three years regarding a person regulated by
665-20 the commission:
665-21 (1) the identity of the person;
665-22 (2) the nature of the complaint that was the basis of
665-23 the disciplinary action taken against the person; and
665-24 (3) the disciplinary action taken by the commission.
665-25 (b) In providing the information, the commission shall
665-26 present the information in an impartial manner, use language that
665-27 is commonly understood, and, if possible, avoid jargon specific to
666-1 the security industry.
666-2 (c) The commission shall update the information on a monthly
666-3 basis.
666-4 (d) The commission shall maintain the confidentiality of
666-5 information regarding the identification of a complainant.
666-6 (b) Section 16, Chapter 974, Acts of the 76th Legislature,
666-7 Regular Session, 1999, is repealed.
666-8 SECTION 14.587. Sections 1702.103(b), (c), and (d),
666-9 Occupations Code, are amended to conform to Section 5, Chapter 974,
666-10 Acts of the 76th Legislature, Regular Session, 1999, to read as
666-11 follows:
666-12 (b) A Class A, B, or C license does not authorize the
666-13 license holder to perform a service for which the license holder
666-14 has not qualified. A person may not engage in an operation outside
666-15 the scope of that person's license. The commission [board] shall
666-16 indicate on the license the services the license holder is
666-17 authorized to perform. The license holder may not perform a service
666-18 unless it is indicated on the license.
666-19 (c) A license is not assignable unless the assignment is
666-20 approved in advance by the commission [board].
666-21 (d) The commission [board] shall prescribe by rule the
666-22 procedure under which a license may be terminated.
666-23 SECTION 14.588. Section 1702.108, Occupations Code, is
666-24 amended to conform to Section 2, Chapter 974, Acts of the 76th
666-25 Legislature, Regular Session, 1999, to read as follows:
666-26 Sec. 1702.108. GUARD COMPANY. A person acts as a guard
666-27 company for the purposes of this chapter if the person employs an
667-1 individual described by Section 1702.323(d) or engages in the
667-2 business of or undertakes to provide a private watchman, guard, or
667-3 street patrol service on a contractual basis for another person to:
667-4 (1) prevent entry, larceny, vandalism, abuse, fire, or
667-5 trespass on private property;
667-6 (2) prevent, observe, or detect unauthorized activity
667-7 on private property;
667-8 (3) control, regulate, or direct the movement of the
667-9 public, whether by vehicle or otherwise, only to the extent and for
667-10 the time directly and specifically required to ensure the
667-11 protection of property;
667-12 (4) protect an individual from bodily harm including
667-13 through the use of a personal protection officer; or
667-14 (5) perform a function similar to a function listed in
667-15 this section.
667-16 SECTION 14.589. Section 1702.110, Occupations Code, is
667-17 amended to conform to Sections 5 and 19, Chapter 974, Acts of the
667-18 76th Legislature, Regular Session, 1999, to read as follows:
667-19 Sec. 1702.110. APPLICATION FOR LICENSE. An application for
667-20 a license under this chapter must be in the form prescribed by the
667-21 commission [board] and include:
667-22 (1) the full name and business address of the
667-23 applicant;
667-24 (2) the name under which the applicant intends to do
667-25 business;
667-26 (3) a statement as to the general nature of the
667-27 business in which the applicant intends to engage;
668-1 (4) a statement as to the classification for which the
668-2 applicant requests qualification;
668-3 (5) if the applicant is an entity other than an
668-4 individual, the full name and residence address of each partner,
668-5 officer, and director of the applicant, and of the applicant's
668-6 manager;
668-7 (6) if the applicant is an individual, two [one]
668-8 classifiable sets [set] of fingerprints of the applicant or, if the
668-9 applicant is an entity other than an individual, of each officer
668-10 and of each partner or shareholder who owns at least a 25 percent
668-11 interest in the applicant;
668-12 (7) a verified statement of the applicant's experience
668-13 qualifications in the particular classification in which the
668-14 applicant is applying;
668-15 (8) [letters from the police department of the
668-16 municipality and the sheriff's department of the county in which
668-17 the applicant resides:]
668-18 [(A) concerning the character of the applicant;
668-19 and]
668-20 [(B) containing any objection or recommendation
668-21 with respect to the application;]
668-22 [(9)] a report [letter] from the Texas Department of
668-23 Public Safety stating the applicant's record of any convictions for
668-24 a Class B misdemeanor or equivalent offense or a greater offense
668-25 [crime involving moral turpitude or a felony];
668-26 (9) [(10)] the social security number of the
668-27 individual making the application; and
669-1 (10) [(11)] other information, evidence, statements,
669-2 or documents required by the commission [board].
669-3 SECTION 14.590. Section 1702.111, Occupations Code, is
669-4 amended to conform to Section 5, Chapter 974, Acts of the 76th
669-5 Legislature, Regular Session, 1999, to read as follows:
669-6 Sec. 1702.111. ISSUANCE OF BRANCH OFFICE LICENSE. (a) A
669-7 license holder, in accordance with Section 1702.129, shall notify
669-8 the commission [board] in writing of the establishment of a branch
669-9 office and file in writing with the commission [board] the address
669-10 of the branch office.
669-11 (b) On application by a license holder, the commission
669-12 [board] shall issue a branch office license.
669-13 SECTION 14.591. Section 1702.112, Occupations Code, is
669-14 amended to conform to Section 5, Chapter 974, Acts of the 76th
669-15 Legislature, Regular Session, 1999, to read as follows:
669-16 Sec. 1702.112. FORM OF LICENSE. The commission [board] shall
669-17 prescribe the form of a license, including a branch office license.
669-18 The license must include:
669-19 (1) the name of the license holder;
669-20 (2) the name under which the license holder is to
669-21 operate; and
669-22 (3) the license number and the date the license was
669-23 issued.
669-24 SECTION 14.592. (a) Section 1702.113, Occupations Code, is
669-25 amended to conform to Sections 5 and 18, Chapter 974, Acts of the
669-26 76th Legislature, Regular Session, 1999, to read as follows:
669-27 Sec. 1702.113. GENERAL QUALIFICATIONS FOR LICENSE. (a) An
670-1 applicant for a license or the applicant's manager must be at least
670-2 18 years of age and must [may] not:
670-3 (1) [have been convicted in any jurisdiction of a
670-4 felony, unless a full pardon has been granted;]
670-5 [(2)] have been convicted in any jurisdiction of a
670-6 Class A misdemeanor or equivalent offense or a greater offense
670-7 [involving moral turpitude during the seven-year period preceding
670-8 the date of application], unless a full pardon has been granted for
670-9 reasons relating to a wrongful conviction;
670-10 (2) have been convicted in any jurisdiction of a Class
670-11 B misdemeanor or equivalent offense for which the fifth anniversary
670-12 of the date of conviction has not occurred before the date of
670-13 application, unless a full pardon has been granted for reasons
670-14 relating to a wrongful conviction;
670-15 (3) have been found by a court to be incompetent by
670-16 reason of a mental defect or disease and not have been restored to
670-17 competency;
670-18 (4) be suffering from habitual drunkenness or from
670-19 narcotics addiction or dependence; or
670-20 (5) have been discharged from the United States armed
670-21 services under other than honorable conditions.
670-22 (b) The commission may deny an application for a license if
670-23 the applicant has been convicted in any jurisdiction of a Class B
670-24 misdemeanor or equivalent offense if the fifth anniversary of the
670-25 date of conviction has occurred before the date of application,
670-26 unless a full pardon has been granted for reasons relating to a
670-27 wrongful conviction.
671-1 (b) Section 18, Chapter 974, Acts of the 76th Legislature,
671-2 Regular Session, 1999, is repealed.
671-3 SECTION 14.593. Section 1702.114, Occupations Code, is
671-4 amended to conform to Section 5, Chapter 974, Acts of the 76th
671-5 Legislature, Regular Session, 1999, to read as follows:
671-6 Sec. 1702.114. ADDITIONAL QUALIFICATIONS FOR INVESTIGATIONS
671-7 COMPANY LICENSE. (a) An applicant for a license to engage in the
671-8 business of an investigations company or the applicant's manager
671-9 must have, before the date of the application, three consecutive
671-10 years' experience in the investigative field as an employee,
671-11 manager, or owner of an investigations company or satisfy other
671-12 requirements set by the commission [board].
671-13 (b) The applicant's experience must be:
671-14 (1) reviewed by the commission [board] or the
671-15 director; and
671-16 (2) determined to be adequate to qualify the applicant
671-17 to engage in the business of an investigations company.
671-18 SECTION 14.594. Section 1702.115, Occupations Code, is
671-19 amended to conform to Section 5, Chapter 974, Acts of the 76th
671-20 Legislature, Regular Session, 1999, to read as follows:
671-21 Sec. 1702.115. ADDITIONAL QUALIFICATIONS FOR SECURITY
671-22 SERVICES CONTRACTOR LICENSE. (a) An applicant for a license to
671-23 engage in the business of a security services contractor or the
671-24 applicant's manager must have, before the date of the application,
671-25 two consecutive years' experience in each security services field
671-26 for which the person applies as an employee, manager, or owner of a
671-27 security services contractor or satisfy other requirements set by
672-1 the commission [board].
672-2 (b) The applicant's experience must have been obtained
672-3 legally and must be:
672-4 (1) reviewed by the commission [board] or the
672-5 director; and
672-6 (2) determined to be adequate to qualify the applicant
672-7 to engage in the business of a security services contractor.
672-8 SECTION 14.595. Section 1702.116, Occupations Code, is
672-9 amended to conform to Section 5, Chapter 974, Acts of the 76th
672-10 Legislature, Regular Session, 1999, to read as follows:
672-11 Sec. 1702.116. QUALIFICATIONS FOR GUARD DOG COMPANY LICENSE;
672-12 INSPECTIONS. (a) An applicant for a license to engage in the
672-13 business of a guard dog company must:
672-14 (1) meet the requirements of Sections 1702.113 and
672-15 1702.115; and
672-16 (2) present evidence satisfactory to the commission
672-17 [board] that the applicant will comply with the rules adopted under
672-18 this section.
672-19 (b) After consulting the Texas Department of Health, the
672-20 commission [board] shall adopt rules to ensure that the areas in
672-21 which a guard dog company houses, exercises, or trains its animals
672-22 are securely enclosed by a six-foot chain-link fence or made
672-23 equally secure.
672-24 (c) The commission [board] shall conduct regular inspections
672-25 to ensure compliance with the rules adopted under this section.
672-26 SECTION 14.596. (a) Sections 1702.117(a), (c), and (d),
672-27 Occupations Code, are amended to conform to Sections 5, 19, and
673-1 55(2), Chapter 974, Acts of the 76th Legislature, Regular Session,
673-2 1999, to read as follows:
673-3 (a) The commission shall [board may] require an applicant or
673-4 the applicant's manager to demonstrate qualifications in the
673-5 person's license classification, including knowledge of applicable
673-6 state laws and commission rules, by taking an examination to be
673-7 determined by the commission [board].
673-8 (c) The commission [board] shall set the reexamination fee
673-9 in an amount not to exceed the amount of the renewal fee for the
673-10 license classification for which application was made.
673-11 (d) The commission shall develop and provide to a person who
673-12 applies to take the examination under Subsection (a) material
673-13 containing all applicable state laws and commission rules. [If
673-14 requested in writing by a person who fails a licensing examination
673-15 administered under this chapter, the board shall furnish to the
673-16 person an analysis of the person's performance on the examination.]
673-17 (b) Section 19, Chapter 974, Acts of the 76th Legislature,
673-18 Regular Session, 1999, is repealed.
673-19 SECTION 14.597. Section 1702.118, Occupations Code, is
673-20 amended to conform to Sections 5, 20, and 55(2), Chapter 974, Acts
673-21 of the 76th Legislature, Regular Session, 1999, to read as follows:
673-22 Sec. 1702.118. EXAMINATION RESULTS. (a) Not later than the
673-23 30th day after the date a person takes a licensing examination
673-24 under this chapter, the commission [The board] shall notify the
673-25 person [each examinee] of the examination results [not later than
673-26 the 30th day after the date a licensing examination is
673-27 administered].
674-1 (b) If an examination is graded or reviewed by a [national]
674-2 testing service:
674-3 (1) [,] the commission [board] shall notify the person
674-4 [each examinee] of the examination results not later than the 14th
674-5 day after the date the commission [board] receives the results from
674-6 the testing service; and[.]
674-7 (2) if [(b) If the] notice of the [results of an]
674-8 examination results [graded or reviewed by a national testing
674-9 service] will be delayed for longer than 90 days after the
674-10 examination date, the commission [board] shall notify the person
674-11 [each examinee] of the reason for the delay before the 90th day.
674-12 (c) The commission may require a testing service to notify a
674-13 person of the results of the person's examination.
674-14 (d) If requested in writing by a person who fails a
674-15 licensing examination administered under this chapter, the
674-16 commission shall furnish the person with an analysis of the
674-17 person's performance on the examination.
674-18 SECTION 14.598. Subchapter F, Chapter 1702, Occupations Code,
674-19 is amended to conform to Sections 5 and 20, Chapter 974, Acts of
674-20 the 76th Legislature, Regular Session, 1999, by adding Sections
674-21 1702.1183 and 1702.1186 to read as follows:
674-22 Sec. 1702.1183. RECIPROCAL LICENSE FOR CERTAIN FOREIGN
674-23 APPLICANTS. (a) The commission may waive any prerequisite to
674-24 obtaining a license for an applicant who holds a license issued by
674-25 another jurisdiction with which this state has a reciprocity
674-26 agreement.
674-27 (b) The commission may make an agreement, subject to the
675-1 approval of the governor, with another state to allow for licensing
675-2 by reciprocity.
675-3 Sec. 1702.1186. PROVISIONAL LICENSE. (a) The commission may
675-4 issue a provisional license to an applicant currently licensed in
675-5 another jurisdiction who seeks an equivalent license in this state
675-6 and who:
675-7 (1) has been licensed in good standing as an
675-8 investigations company or security services contractor for at least
675-9 two years in another jurisdiction, including a foreign country,
675-10 that has licensing requirements substantially equivalent to the
675-11 requirements of this chapter;
675-12 (2) has passed a national or other examination
675-13 recognized by the commission relating to the practice of private
675-14 investigations or security services contracting; and
675-15 (3) is sponsored by a person licensed by the
675-16 commission under this chapter with whom the provisional license
675-17 holder will practice during the time the person holds a provisional
675-18 license.
675-19 (b) A provisional license is valid until the date the
675-20 commission approves or denies the provisional license holder's
675-21 application for a license. The commission shall issue a license
675-22 under this chapter to the provisional license holder if:
675-23 (1) the provisional license holder is eligible to be
675-24 licensed under Section 1702.1183; or
675-25 (2) the provisional license holder:
675-26 (A) passes the part of the examination under
675-27 Section 1702.117(a) that relates to the applicant's knowledge and
676-1 understanding of the laws and rules relating to the practice of an
676-2 investigations company or security services contractor in this
676-3 state;
676-4 (B) is verified by the commission as meeting the
676-5 academic and experience requirements for a license under this
676-6 chapter; and
676-7 (C) satisfies any other licensing requirements
676-8 under this chapter.
676-9 (c) The commission must approve or deny a provisional
676-10 license holder's application for a license not later than the 180th
676-11 day after the date the provisional license is issued. The
676-12 commission may extend the 180-day period if the results of an
676-13 examination have not been received by the commission before the end
676-14 of that period.
676-15 (d) The commission may establish a fee for provisional
676-16 licenses in an amount reasonable and necessary to cover the cost of
676-17 issuing the license.
676-18 SECTION 14.599. (a) Section 1702.119(b), Occupations Code,
676-19 is amended to conform to Sections 5 and 23, Chapter 974, Acts of
676-20 the 76th Legislature, Regular Session, 1999, to read as follows:
676-21 (b) An individual may not act as a manager until the
676-22 individual has:
676-23 (1) demonstrated the individual's qualifications by
676-24 passing the [a] written examination required by Section
676-25 1702.117(a); and
676-26 (2) made a satisfactory showing to the commission
676-27 [board] that the individual:
677-1 (A) satisfies the requirements of Section
677-2 1702.113 and either Section 1702.114 or Section 1702.115, as
677-3 appropriate; and
677-4 (B) has not engaged in conduct regarding a
677-5 violation or conviction that is grounds for disciplinary action
677-6 under Section 1702.361(b) or 1702.3615(a).
677-7 (b) Section 23, Chapter 974, Acts of the 76th Legislature,
677-8 Regular Session, 1999, is repealed.
677-9 SECTION 14.600. Section 1702.120(b), Occupations Code, is
677-10 amended to conform to Section 5, Chapter 974, Acts of the 76th
677-11 Legislature, Regular Session, 1999, to read as follows:
677-12 (b) An individual may not apply to the commission [board] to
677-13 serve as manager of an investigations company, guard company, alarm
677-14 systems company, armored car company, courier company, or guard dog
677-15 company without the intent to maintain that supervisory position on
677-16 a daily basis for that company.
677-17 SECTION 14.601. Section 1702.121, Occupations Code, is
677-18 amended to conform to Section 5, Chapter 974, Acts of the 76th
677-19 Legislature, Regular Session, 1999, to read as follows:
677-20 Sec. 1702.121. TERMINATION OF MANAGER. A license holder
677-21 shall notify the commission [board] in writing not later than the
677-22 14th day after the date a manager ceases to be manager of the
677-23 license holder's business. The license remains in effect for a
677-24 reasonable period after notice is given as provided by commission
677-25 [board] rule pending the commission's [board's] determination of
677-26 the qualification of another manager under this subchapter.
677-27 SECTION 14.602. Section 1702.122, Occupations Code, is
678-1 amended to conform to Section 5, Chapter 974, Acts of the 76th
678-2 Legislature, Regular Session, 1999, to read as follows:
678-3 Sec. 1702.122. TEMPORARY CONTINUATION OF LICENSE HOLDER'S
678-4 BUSINESS. Under the terms provided by commission [board] rule, a
678-5 license holder's business may continue for a temporary period if
678-6 the individual on the basis of whose qualifications a license under
678-7 this chapter has been obtained ceases to be connected with the
678-8 license holder.
678-9 SECTION 14.603. Section 1702.123, Occupations Code, is
678-10 amended to conform to Section 5, Chapter 974, Acts of the 76th
678-11 Legislature, Regular Session, 1999, to read as follows:
678-12 Sec. 1702.123. INSURANCE; BOND. (a) A license holder shall
678-13 maintain on file with the commission [board] at all times the
678-14 surety bond and certificate of insurance required by this chapter.
678-15 (b) The commission [board] shall immediately suspend the
678-16 license of a license holder who violates Subsection (a).
678-17 (c) The commission [board] may rescind the license
678-18 suspension if the license holder provides proof to the commission
678-19 [board] that the bond or the insurance coverage is still in effect.
678-20 The license holder must provide the proof in a form satisfactory to
678-21 the commission [board] not later than the 10th day after the date
678-22 the license is suspended.
678-23 (d) After suspension of the license, the commission [board]
678-24 may not reinstate the license until an application, in the form
678-25 prescribed by the commission [board], is filed accompanied by a
678-26 proper bond, insurance certificate, or both. The commission [board]
678-27 may deny the application notwithstanding the applicant's compliance
679-1 with this section:
679-2 (1) for a reason that would justify suspending,
679-3 revoking, or denying a license; or
679-4 (2) if, during the suspension, the applicant performs
679-5 a practice for which a license is required.
679-6 SECTION 14.604. Sections 1702.124(a) and (e), Occupations
679-7 Code, are amended to conform to Section 5, Chapter 974, Acts of the
679-8 76th Legislature, Regular Session, 1999, to read as follows:
679-9 (a) The commission [board] may not issue a license unless
679-10 the applicant files with the commission [board]:
679-11 (1) evidence of a general liability insurance policy
679-12 on a certificate of insurance form prescribed by the commission
679-13 [board] and countersigned by an insurance agent licensed in this
679-14 state; or
679-15 (2) a certificate of insurance for surplus lines
679-16 coverage obtained under Article 1.14-2, Insurance Code, through a
679-17 licensed Texas surplus lines agent resident in this state.
679-18 (e) An insurance certificate executed and filed with the
679-19 commission [board] under this chapter remains in effect until the
679-20 insurer terminates future liability by providing to the commission
679-21 [board] at least 10 days' notice of the intent to terminate
679-22 liability.
679-23 SECTION 14.605. Section 1702.125, Occupations Code, is
679-24 amended to conform to Sections 5 and 55(7), Chapter 974, Acts of
679-25 the 76th Legislature, Regular Session, 1999, to read as follows:
679-26 Sec. 1702.125. BOND REQUIREMENT. [(a) The bond required by
679-27 this chapter must be payable to the state. A person injured by the
680-1 principal, or an officer, agent, or employee of the principal, is
680-2 entitled to sue directly on the bond in the person's own name. The
680-3 bond is subject to successive suits for recovery until complete
680-4 exhaustion of the face amount of the bond.]
680-5 [(b)] A bond executed and filed with the commission [board]
680-6 under this chapter remains in effect until the surety terminates
680-7 future liability by providing to the commission [board] at least 30
680-8 days' notice of the intent to terminate liability.
680-9 SECTION 14.606. Section 1702.126, Occupations Code, is
680-10 repealed to conform to the repeal of the law from which that
680-11 section was derived by Section 55(8), Chapter 974, Acts of the 76th
680-12 Legislature, Regular Session, 1999.
680-13 SECTION 14.607. Sections 1702.127(b) and (c), Occupations
680-14 Code, are amended to conform to Section 5, Chapter 974, Acts of the
680-15 76th Legislature, Regular Session, 1999, to read as follows:
680-16 (b) A license holder shall maintain a record containing
680-17 information related to the license holder's employees as required
680-18 by the commission [board].
680-19 (c) A license holder shall maintain for commission [board]
680-20 inspection at the license holder's principal place of business or
680-21 branch office two recent color photographs, of a type required by
680-22 the commission [board], of each applicant, registrant, commissioned
680-23 security officer, and employee of the license holder.
680-24 SECTION 14.608. Section 1702.129, Occupations Code, is
680-25 amended to conform to Section 5, Chapter 974, Acts of the 76th
680-26 Legislature, Regular Session, 1999, to read as follows:
680-27 Sec. 1702.129. NOTICE OF CERTAIN CHANGES; BRANCH OFFICES.
681-1 (a) A license holder shall notify the commission [board] not later
681-2 than the 14th day after the date of:
681-3 (1) a change of address for the license holder's
681-4 principal place of business;
681-5 (2) a change of a name under which the license holder
681-6 does business; or
681-7 (3) a change in the license holder's officers or
681-8 partners.
681-9 (b) A license holder shall notify the commission [board] in
681-10 writing not later than the 14th day after the date a branch office:
681-11 (1) is established;
681-12 (2) is closed; or
681-13 (3) changes address or location.
681-14 SECTION 14.609. Section 1702.131, Occupations Code, is
681-15 amended to conform to Section 5, Chapter 974, Acts of the 76th
681-16 Legislature, Regular Session, 1999, to read as follows:
681-17 Sec. 1702.131. ADVERTISING. An advertisement by a license
681-18 holder soliciting or advertising business must contain the license
681-19 holder's company name and address as stated in commission [board]
681-20 records.
681-21 SECTION 14.610. Section 1702.161(b), Occupations Code, is
681-22 amended to conform to Section 5, Chapter 974, Acts of the 76th
681-23 Legislature, Regular Session, 1999, to read as follows:
681-24 (b) An individual employed as a security officer may not
681-25 knowingly carry a firearm during the course of performing duties as
681-26 a security officer unless the commission [board] has issued a
681-27 security officer commission to the individual.
682-1 SECTION 14.611. Section 1702.162, Occupations Code, is
682-2 amended to conform to Section 5, Chapter 974, Acts of the 76th
682-3 Legislature, Regular Session, 1999, to read as follows:
682-4 Sec. 1702.162. EMPLOYER'S APPLICATION FOR SECURITY OFFICER
682-5 COMMISSION. The employer of a security officer who applies for a
682-6 security officer commission for the officer must submit an
682-7 application to the commission [board] on a form provided by the
682-8 commission [board].
682-9 SECTION 14.612. Section 1702.163, Occupations Code, is
682-10 amended to conform to Sections 5 and 25, Chapter 974, Acts of the
682-11 76th Legislature, Regular Session, 1999, to read as follows:
682-12 Sec. 1702.163. QUALIFICATIONS FOR SECURITY OFFICER
682-13 COMMISSION. (a) The commission [board] may not issue a security
682-14 officer commission to an applicant employed by a license holder
682-15 unless the applicant submits evidence satisfactory to the
682-16 commission [board] that the applicant has:
682-17 (1) completed the basic training course at a school or
682-18 under an instructor approved by the commission [board];
682-19 (2) met each qualification established by this chapter
682-20 and commission [board] rule; [and]
682-21 (3) achieved the score required by the commission on
682-22 the examination under Section 1702.1685; and
682-23 (4) demonstrated to the satisfaction of the firearm
682-24 training instructor that the applicant has complied with commission
682-25 standards for minimum marksmanship competency with a shotgun
682-26 [satisfied the firearm requirements in Section 1702.168(c)].
682-27 (b) The commission [board] may not issue a security officer
683-1 commission to an individual who:
683-2 (1) is younger than 18 years of age;
683-3 (2) is a convicted felon; or
683-4 (3) has committed an act that, if committed by a
683-5 license holder, would be grounds for suspension or revocation of a
683-6 license.
683-7 SECTION 14.613. Section 1702.164, Occupations Code, is
683-8 repealed to conform to the repeal of the law from which that
683-9 section was derived by Section 55(3), Chapter 974, Acts of the 76th
683-10 Legislature, Regular Session, 1999.
683-11 SECTION 14.614. Section 1702.165, Occupations Code, is
683-12 amended to conform to Section 5, Chapter 974, Acts of the 76th
683-13 Legislature, Regular Session, 1999, to read as follows:
683-14 Sec. 1702.165. ISSUANCE OF SECURITY OFFICER COMMISSION;
683-15 POCKET CARD. (a) The commission [board], with the concurrence of
683-16 the Texas Department of Public Safety:
683-17 (1) may issue a security officer commission to an
683-18 individual employed as a uniformed security officer; and
683-19 (2) shall issue a security officer commission to a
683-20 qualified employee of an armored car company that is a carrier
683-21 conducting the armored car business under a federal or state permit
683-22 or certificate.
683-23 (b) A security officer commission issued under this section
683-24 must be in the form of a pocket card designed by the commission
683-25 [board] that identifies the security officer.
683-26 SECTION 14.615. Section 1702.166(b), Occupations Code, is
683-27 amended to conform to Section 5, Chapter 974, Acts of the 76th
684-1 Legislature, Regular Session, 1999, to read as follows:
684-2 (b) The commission [board], with the concurrence of the
684-3 Texas Department of Public Safety, may issue a security officer
684-4 commission that is broader in geographical scope than that
684-5 specified in Subsection (a) if the broader scope is shown to be in
684-6 the public interest and necessary to the performance of the
684-7 security officer's duties.
684-8 SECTION 14.616. (a) Section 1702.167, Occupations Code, is
684-9 amended to conform to Sections 5, 24, and 55(3), Chapter 974, Acts
684-10 of the 76th Legislature, Regular Session, 1999, to read as follows:
684-11 Sec. 1702.167. TERMINATION OF EMPLOYMENT AS COMMISSIONED
684-12 SECURITY OFFICER; TRANSFER OF COMMISSION. [(a) If the holder of a
684-13 security officer commission terminates the individual's employment,
684-14 the employer shall notify the board not later than the 14th day
684-15 after the date of termination of the employment.]
684-16 [(b)] The holder of a security officer commission who
684-17 terminates employment with one employer may transfer the
684-18 individual's commission to a new employer if, not later than the
684-19 14th [10th] day after the date the individual begins the new
684-20 employment, the new employer notifies the commission [board] of the
684-21 transfer of employment on a form prescribed by the commission
684-22 [board], accompanied by payment of the employee information update
684-23 fee.
684-24 (b) Section 24, Chapter 974, Acts of the 76th Legislature,
684-25 Regular Session, 1999, is repealed.
684-26 SECTION 14.617. Subchapter G, Chapter 1702, Occupations Code,
684-27 is amended to conform to Sections 5 and 25, Chapter 974, Acts of
685-1 the 76th Legislature, Regular Session, 1999, by adding Section
685-2 1702.1675 to read as follows:
685-3 Sec. 1702.1675. TRAINING PROGRAMS. (a) The commission shall
685-4 establish a basic training course for commissioned security
685-5 officers. The course must include, at a minimum:
685-6 (1) general security officer training issues;
685-7 (2) classroom instruction on handgun proficiency; and
685-8 (3) range instruction on handgun proficiency.
685-9 (b) The course must be offered and taught by schools and
685-10 instructors approved by the commission. To receive commission
685-11 approval, a school or an instructor must submit an application to
685-12 the commission on a form provided by the commission.
685-13 (c) The basic training course approved by the commission
685-14 must consist of a minimum of 30 hours.
685-15 (d) The general security officer training portion of the
685-16 course must include instruction on:
685-17 (1) commission rules and applicable state laws;
685-18 (2) field note taking and report writing; and
685-19 (3) any other topics of security officer training
685-20 curriculum the commission considers necessary.
685-21 (e) The commission shall develop a commissioned security
685-22 officer training manual that contains applicable state laws and
685-23 commission rules to be used in the instruction and training of
685-24 commissioned security officers.
685-25 (f) The commission shall adopt rules necessary to administer
685-26 the provisions of this section concerning the training requirements
685-27 of this chapter.
686-1 (g) The handgun proficiency course must include at least 10
686-2 hours and not more than 15 hours of instruction on:
686-3 (1) the laws that relate to weapons and to the use of
686-4 deadly force;
686-5 (2) handgun use, proficiency, and safety;
686-6 (3) nonviolent dispute resolution; and
686-7 (4) proper storage practices for handguns, with an
686-8 emphasis on storage practices that eliminate the possibility of
686-9 accidental injury to a child.
686-10 (h) The range instruction on handgun proficiency must
686-11 include an actual demonstration by the applicant of the applicant's
686-12 ability to safely and proficiently use a handgun. The applicant
686-13 must demonstrate, at a minimum, the degree of proficiency that is
686-14 required to effectively operate a 9-millimeter or .38-caliber
686-15 handgun.
686-16 (i) The commission by rule shall establish minimum standards
686-17 for handgun proficiency that are at least as stringent as the
686-18 standards for handgun proficiency developed by the public safety
686-19 director under Section 411.188, Government Code.
686-20 SECTION 14.618. Section 1702.168, Occupations Code, is
686-21 amended to conform to Sections 5 and 25, Chapter 974, Acts of the
686-22 76th Legislature, Regular Session, 1999, to read as follows:
686-23 Sec. 1702.168. FIREARM REQUIREMENTS. (a) In addition to
686-24 the requirements of Section 1702.163(a), the commission [board] by
686-25 rule shall establish other qualifications for individuals who are
686-26 employed in positions requiring the carrying of firearms. The
686-27 qualifications may include:
687-1 (1) physical and mental standards;
687-2 (2) standards of good moral character; and
687-3 (3) other requirements that relate to the competency
687-4 and reliability of individuals to carry firearms.
687-5 (b) The commission [board] shall prescribe appropriate forms
687-6 and adopt rules by which evidence is presented that the
687-7 requirements are fulfilled.
687-8 [(c) The board shall require a commissioned security officer
687-9 and an applicant for a security officer commission to demonstrate
687-10 to the satisfaction of a firearm training instructor who is
687-11 employed by a board-approved training school that the individual
687-12 has:]
687-13 [(1) attained proficiency in the use of firearms;]
687-14 [(2) complied with board standards for minimum
687-15 marksmanship competency with a shotgun; and]
687-16 [(3) attained with a handgun:]
687-17 [(A) a minimum average marksmanship competency
687-18 of 160 out of 300 on an "Army L" target or a minimum of 80 out of
687-19 150 on an FBI Silhouette target (NRA B-27), at 50 feet with 10
687-20 shots slow fire, 10 shots time fire, and 10 shots double-action; or]
687-21 [(B) compliance with board standards of
687-22 marksmanship.]
687-23 [(d) An applicant for a security officer commission must
687-24 demonstrate the required proficiency within the 90-day period
687-25 before the date the security officer commission is issued.]
687-26 [(e) A commissioned security officer must demonstrate the
687-27 required proficiency within the 90-day period before the date the
688-1 commission is renewed.]
688-2 [(f) The school shall maintain the records of the required
688-3 proficiency and make the records available for inspection by the
688-4 board.]
688-5 SECTION 14.619. Subchapter G, Chapter 1702, Occupations Code,
688-6 is amended to conform to Sections 5, 25, and 26, Chapter 974, Acts
688-7 of the 76th Legislature, Regular Session, 1999, by adding Section
688-8 1702.1685 to read as follows:
688-9 Sec. 1702.1685. HANDGUN PROFICIENCY EXAMINATION. (a) The
688-10 proficiency examination required to obtain or renew a security
688-11 officer commission must include:
688-12 (1) a written section on the subjects listed in
688-13 Section 1702.1675(g); and
688-14 (2) a physical demonstration of handgun proficiency
688-15 that meets the minimum standards established under Section
688-16 1702.1675(h) or (i).
688-17 (b) Only a commission-approved instructor may administer the
688-18 handgun proficiency examination.
688-19 (c) An applicant for a security officer commission must
688-20 demonstrate the required proficiency within the 90-day period
688-21 before the date the security officer commission is issued.
688-22 (d) The school shall maintain the records of the required
688-23 proficiency and make the records available for inspection by the
688-24 commission.
688-25 SECTION 14.620. Section 1702.171, Occupations Code, is
688-26 amended to conform to Section 5, Chapter 974, Acts of the 76th
688-27 Legislature, Regular Session, 1999, to read as follows:
689-1 Sec. 1702.171. SECURITY OFFICER COMMISSION RECORDS. The
689-2 commission [board] shall adopt rules for the maintenance of records
689-3 relating to an individual to whom the commission [board] has issued
689-4 a security officer commission.
689-5 SECTION 14.621. Section 1702.183, Occupations Code, is
689-6 amended to conform to Section 5, Chapter 974, Acts of the 76th
689-7 Legislature, Regular Session, 1999, to read as follows:
689-8 Sec. 1702.183. APPLICATION FOR LETTER OF AUTHORITY. A
689-9 security department of a private business or of a political
689-10 subdivision that applies for a security officer commission for an
689-11 individual employed by the department must submit an application to
689-12 the commission [board] for a letter of authority on a form provided
689-13 by the commission [board].
689-14 SECTION 14.622. Section 1702.203, Occupations Code, is
689-15 amended to conform to Section 5, Chapter 974, Acts of the 76th
689-16 Legislature, Regular Session, 1999, to read as follows:
689-17 Sec. 1702.203. APPLICATION FOR PERSONAL PROTECTION OFFICER
689-18 AUTHORIZATION. An applicant for a personal protection officer
689-19 authorization must submit a written application on a form
689-20 prescribed by the commission [board].
689-21 SECTION 14.623. Section 1702.204, Occupations Code, is
689-22 amended to conform to Section 5, Chapter 974, Acts of the 76th
689-23 Legislature, Regular Session, 1999, to read as follows:
689-24 Sec. 1702.204. PERSONAL PROTECTION OFFICER AUTHORIZATION;
689-25 QUALIFICATIONS. (a) An applicant for a personal protection officer
689-26 authorization must be at least 21 years of age and must provide:
689-27 (1) a certificate of completion of the basic security
690-1 officer training course;
690-2 (2) proof that the applicant:
690-3 (A) has been issued a security officer
690-4 commission;
690-5 (B) is employed at the time of application by an
690-6 investigations company or guard company licensed by the commission
690-7 [board]; and
690-8 (C) has completed the required training in
690-9 nonlethal self-defense or defense of a third person; and
690-10 (3) proof of completion and the results of the
690-11 Minnesota Multiphasic Personality Inventory psychological testing.
690-12 (b) The commission [board] by rule shall require an
690-13 applicant for a personal protection officer authorization to
690-14 complete the Minnesota Multiphasic Personality Inventory test. The
690-15 commission [board] may use the results of the test to evaluate the
690-16 applicant's psychological fitness.
690-17 SECTION 14.624. Section 1702.205, Occupations Code, is
690-18 amended to conform to Section 5, Chapter 974, Acts of the 76th
690-19 Legislature, Regular Session, 1999, and to the repeal by this Act
690-20 of Section 1702.237, Occupations Code, to read as follows:
690-21 Sec. 1702.205. PERSONAL PROTECTION OFFICER TRAINING.
690-22 (a) The commission [board] shall establish a 15-hour course for a
690-23 personal protection officer consisting of training in nonlethal
690-24 self-defense or defense of a third person.
690-25 (b) The training required by this section is in addition to
690-26 the basic training course for security officers [required under
690-27 Section 1702.237].
691-1 SECTION 14.625. Section 1702.221, Occupations Code, is
691-2 amended to conform to Section 5, Chapter 974, Acts of the 76th
691-3 Legislature, Regular Session, 1999, to read as follows:
691-4 Sec. 1702.221. REGISTRATION REQUIRED. An individual must
691-5 register with the commission [board] as provided by commission
691-6 [board] rule if the individual:
691-7 (1) is employed as an alarm systems installer, alarm
691-8 systems monitor, dog trainer, manager or branch office manager,
691-9 noncommissioned security officer, private investigator, private
691-10 security consultant, or security salesperson; or
691-11 (2) is an owner, officer, partner, or shareholder of a
691-12 license holder.
691-13 SECTION 14.626. (a) Section 1702.226, Occupations Code, is
691-14 amended to conform to Section 2, Chapter 974, Acts of the 76th
691-15 Legislature, Regular Session, 1999, to read as follows:
691-16 Sec. 1702.226. PRIVATE SECURITY CONSULTANT. An individual
691-17 acts as a private security consultant for purposes of this chapter
691-18 if the individual:
691-19 (1) consults, advises, trains, or specifies or
691-20 recommends products, services, methods, or procedures in the
691-21 security loss prevention industry;
691-22 (2) provides a service described by Subdivision (1) on
691-23 an independent basis and without being affiliated with a particular
691-24 service or product; and
691-25 (3) meets the experience requirements established by
691-26 the commission [offers advice or services in the field of private
691-27 security].
692-1 (b) Section 2, Chapter 974, Acts of the 76th Legislature,
692-2 Regular Session, 1999, is repealed.
692-3 SECTION 14.627. Section 1702.228, Occupations Code, is
692-4 amended to conform to Section 5, Chapter 974, Acts of the 76th
692-5 Legislature, Regular Session, 1999, to read as follows:
692-6 Sec. 1702.228. EMPLOYEE OF LICENSE HOLDER; REGISTRATION
692-7 PERMITTED. An employee of a license holder who is employed in a
692-8 capacity that is not subject to mandatory registration under this
692-9 subchapter may register with the commission [board].
692-10 SECTION 14.628. Section 1702.229(b), Occupations Code, is
692-11 amended to conform to Section 5, Chapter 974, Acts of the 76th
692-12 Legislature, Regular Session, 1999, to read as follows:
692-13 (b) The commission [board] by rule may adopt additional
692-14 qualifications for an individual to be registered under this
692-15 subchapter.
692-16 SECTION 14.629. Section 1702.230(a), Occupations Code, is
692-17 amended to conform to Section 5, Chapter 974, Acts of the 76th
692-18 Legislature, Regular Session, 1999, to read as follows:
692-19 (a) An application for registration must be verified and
692-20 include:
692-21 (1) the applicant's full name, residence address,
692-22 residence telephone number, date and place of birth, and social
692-23 security number;
692-24 (2) a statement that:
692-25 (A) lists each name used by the applicant, other
692-26 than the name by which the applicant is known at the time of
692-27 application, and an explanation stating each place where each name
693-1 was used, the date of each use, and a full explanation of the
693-2 reasons the name was used; or
693-3 (B) states that the applicant has never used a
693-4 name other than the name by which the applicant is known at the
693-5 time of application;
693-6 (3) the name and address of the applicant's employer
693-7 and, if applicable, the applicant's consulting firm;
693-8 (4) the date the employment commenced;
693-9 (5) a letter from the license holder requesting that
693-10 the applicant be registered;
693-11 (6) the title of the position occupied by the
693-12 applicant and a description of the applicant's duties; and
693-13 (7) any other information, evidence, statement, or
693-14 document required by the commission [board].
693-15 SECTION 14.630. (a) Subchapter J, Chapter 1702, Occupations
693-16 Code, is amended to conform to Sections 5 and 20, Chapter 974, Acts
693-17 of the 76th Legislature, Regular Session, 1999, by adding Section
693-18 1702.2305 to read as follows:
693-19 Sec. 1702.2305. PROVISIONAL REGISTRATION. (a) The
693-20 commission may issue a provisional registration to an applicant
693-21 currently registered in another jurisdiction who seeks an
693-22 equivalent registration in this state and who:
693-23 (1) has been registered in good standing in the field
693-24 in which the registration is sought for at least two years in
693-25 another jurisdiction, including a foreign country, that has
693-26 registration requirements substantially equivalent to the
693-27 requirements of this chapter;
694-1 (2) has passed a national or other examination
694-2 recognized by the commission relating to practice in the field in
694-3 which the registration is sought; and
694-4 (3) is employed by a person licensed by the commission
694-5 under this chapter with whom the provisional registration holder
694-6 will practice during the time the person holds a provisional
694-7 registration.
694-8 (b) A provisional registration is valid until the date the
694-9 commission approves or denies the provisional registration holder's
694-10 application for a registration. The commission shall issue a
694-11 registration under this chapter to the provisional registration
694-12 holder if the provisional registration holder is eligible to be
694-13 registered under this chapter.
694-14 (c) The commission must approve or deny a provisional
694-15 registration holder's application for a registration not later than
694-16 the 180th day after the date the provisional registration is
694-17 issued. The commission may extend the 180-day period if the
694-18 results of an examination have not been received by the commission
694-19 before the end of that period.
694-20 (d) The commission may establish a fee for provisional
694-21 registration in an amount reasonable and necessary to cover the
694-22 cost of issuing the registration.
694-23 (b) Section 20, Chapter 974, Acts of the 76th Legislature,
694-24 Regular Session, 1999, is repealed.
694-25 SECTION 14.631. Section 1702.231, Occupations Code, is
694-26 repealed to conform to the repeal of the law from which that law
694-27 was derived by Section 55(4), Chapter 974, Acts of the 76th
695-1 Legislature, Regular Session, 1999.
695-2 SECTION 14.632. Sections 1702.232(a) and (b), Occupations
695-3 Code, are amended to conform to Sections 5 and 27, Chapter 974,
695-4 Acts of the 76th Legislature, Regular Session, 1999, to read as
695-5 follows:
695-6 (a) The commission [board] shall issue a pocket card for
695-7 each registrant under this chapter. A pocket card for an owner,
695-8 officer, partner, or shareholder of a license holder shall be
695-9 issued to the license holder.
695-10 (b) The commission [board] shall determine the size, design,
695-11 and content of the pocket card.
695-12 SECTION 14.633. Section 1702.233, Occupations Code, is
695-13 amended to conform to Sections 27, 29, and 55(5), Chapter 974, Acts
695-14 of the 76th Legislature, Regular Session, 1999, to read as follows:
695-15 Sec. 1702.233. DURATION OF POCKET CARDS [FOR CERTAIN
695-16 REGISTRANTS]. [(a)] A pocket card issued for a registrant [other
695-17 than a noncommissioned security officer is issued to the
695-18 registrant's employer,] is valid for two years[,] and expires on
695-19 the date the registration expires under Section 1702.301(d), (e),
695-20 or (f).
695-21 [(b) A registrant other than a noncommissioned security
695-22 officer must return the registrant's pocket card to the license
695-23 holder at the time the registrant ceases employment in the position
695-24 for which the registration is required.]
695-25 [(c) If an employee who was registered as a private
695-26 investigator, manager, branch office manager, alarm systems
695-27 installer, private security consultant, security salesperson, alarm
696-1 systems monitor, or dog trainer ceases to be an employee of a
696-2 license holder, the license holder shall return the employee's
696-3 pocket card to the board.]
696-4 [(d) If an individual ceases to be an owner, officer,
696-5 partner, or shareholder of a license holder, the license holder
696-6 shall return the pocket card held by that individual to the board.]
696-7 SECTION 14.634. (a) Section 1702.234, Occupations Code, is
696-8 amended to conform to Sections 5, 27, 29, and 55(5), Chapter 974,
696-9 Acts of the 76th Legislature, Regular Session, 1999, to read as
696-10 follows:
696-11 Sec. 1702.234. REGISTRATION TRANSFER. [POCKET CARDS FOR
696-12 NONCOMMISSIONED SECURITY OFFICERS. (a) A pocket card issued to a
696-13 noncommissioned security officer is issued to the individual
696-14 employee, is valid for four years, and expires on the date the
696-15 registration expires under Section 1702.301(g).]
696-16 [(b) An employee who is registered as a noncommissioned
696-17 security officer who ceases employment as a noncommissioned
696-18 security officer may retain the pocket card for use in future
696-19 employment and may transfer the registration to a new employer as
696-20 provided by Subsection (c).]
696-21 [(c)] A registrant [noncommissioned security officer] may
696-22 transfer the registrant's registration from one employer to another
696-23 employer if, not later than the 14th [10th] day after the date the
696-24 registrant begins the new employment, the new employer notifies the
696-25 commission [board] of the transfer of employment on a form
696-26 prescribed by the commission [board] accompanied by payment of the
696-27 employee information update fee.
697-1 (b) Section 29, Chapter 974, Acts of the 76th Legislature,
697-2 Regular Session, 1999, is repealed.
697-3 SECTION 14.635. Section 1702.235, Occupations Code, is
697-4 amended to conform to Section 5, Chapter 974, Acts of the 76th
697-5 Legislature, Regular Session, 1999, to read as follows:
697-6 Sec. 1702.235. PREEMPLOYMENT CHECK FOR NONCOMMISSIONED
697-7 SECURITY OFFICERS. A person may not hire a noncommissioned
697-8 security officer unless the person conducts a preemployment check
697-9 as required by commission [board] rule.
697-10 SECTION 14.636. Section 1702.236, Occupations Code, is
697-11 repealed to conform to the repeal of the law from which that
697-12 section was derived by Section 55(5), Chapter 974, Acts of the 76th
697-13 Legislature, Regular Session, 1999.
697-14 SECTION 14.637. Section 1702.237, Occupations Code, is
697-15 repealed to conform to Section 25, Chapter 974, Acts of the 76th
697-16 Legislature, Regular Session, 1999, and to the transfer by this Act
697-17 of the substance of that section to Section 1702.1675, Occupations
697-18 Code.
697-19 SECTION 14.638. Section 1702.238, Occupations Code, is
697-20 repealed to conform to Section 11, Chapter 974, Acts of the 76th
697-21 Legislature, Regular Session, 1999, and to the transfer by this Act
697-22 of the substance of that section to Section 1702.308, Occupations
697-23 Code.
697-24 SECTION 14.639. Sections 1702.239(a), (b), and (d),
697-25 Occupations Code, are amended to conform to Section 5, Chapter 974,
697-26 Acts of the 76th Legislature, Regular Session, 1999, to read as
697-27 follows:
698-1 (a) The commission [board] may require that an individual
698-2 employed as an alarm systems installer or security salesperson hold
698-3 a certification by a commission-approved [board-approved] training
698-4 program to renew an initial registration. The commission [board]
698-5 may approve only nationally recognized training programs that
698-6 consist of at least 20 hours of classroom study in the areas of
698-7 work allowed by the registration. To be approved, a training
698-8 program must offer at least two certification programs each year,
698-9 sufficient to complete the requirements of this subsection, within
698-10 100 miles of each county in the state that has a population of more
698-11 than 500,000.
698-12 (b) The commission [board] may require an individual who has
698-13 completed a training program under Subsection (a) to pass an
698-14 examination given by the commission [board] or by a person approved
698-15 by the commission [board]. The commission [board] may approve
698-16 examinations in conjunction with training programs approved under
698-17 Subsection (a). The individual's performance on the examination
698-18 must demonstrate the individual's qualifications to perform the
698-19 duties allowed by the individual's registration.
698-20 (d) If the commission [board] requires certification or
698-21 examination under this section, the commission [board] shall
698-22 implement rules to require that to renew a registration, an
698-23 individual who is employed as an alarm systems installer or a
698-24 security salesperson and who has already once renewed the
698-25 registration must obtain continuing education credits related to
698-26 the line of work for which the individual is licensed. If the
698-27 commission [board] requires the continuing education, the director
699-1 must approve classes offered by nationally recognized
699-2 organizations, and participants in the classes must qualify
699-3 according to commission [board] rules.
699-4 SECTION 14.640. Section 1702.240(b), Occupations Code, is
699-5 amended to conform to Section 5, Chapter 974, Acts of the 76th
699-6 Legislature, Regular Session, 1999, to read as follows:
699-7 (b) An employee of a license holder who is employed
699-8 exclusively as an undercover agent is not required to register with
699-9 the commission [board].
699-10 SECTION 14.641. Section 1702.262, Occupations Code, is
699-11 amended to conform to Section 5, Chapter 974, Acts of the 76th
699-12 Legislature, Regular Session, 1999, to read as follows:
699-13 Sec. 1702.262. SELLERS OF CERTAIN DEVICES. A person may
699-14 sell a detection device or other device for preventing or detecting
699-15 burglary if:
699-16 (1) the person does not install, repair, or maintain
699-17 detection devices;
699-18 (2) the person holds a seller's certificate;
699-19 (3) the person, or the manufacturer or distributor of
699-20 the device that the person sells, files with the commission [board]
699-21 a certificate evidencing insurance for liability for bodily injury
699-22 or property damage arising from faulty or defective products in an
699-23 amount of not less than $1 million combined single limit, provided
699-24 that the policy of insurance need not relate exclusively to
699-25 burglary devices;
699-26 (4) the person, or the manufacturer or distributor of
699-27 the device that the person sells, files with the commission [board]
700-1 a surety bond executed by a surety company authorized to do
700-2 business in this state in the sum of $10,000 in favor of the state;
700-3 and
700-4 (5) the person is not employed by a security services
700-5 contractor.
700-6 SECTION 14.642. Section 1702.263, Occupations Code, is
700-7 amended to conform to Section 5, Chapter 974, Acts of the 76th
700-8 Legislature, Regular Session, 1999, to read as follows:
700-9 Sec. 1702.263. APPLICATION FOR SELLER'S CERTIFICATE. (a)
700-10 To obtain a seller's certificate, a person must:
700-11 (1) submit to the commission [board] an application
700-12 that includes the person's full name, residence telephone number,
700-13 date and place of birth, and social security number and two sets of
700-14 classifiable fingerprints; and
700-15 (2) pay to the commission [board] a seller's
700-16 certificate fee established by the commission [board] in an amount
700-17 not to exceed $25.
700-18 (b) The commission [board] shall approve an application for
700-19 a seller's certificate and issue the certificate to the applicant
700-20 unless:
700-21 (1) the background check of the applicant discloses a
700-22 felony conviction for which a full pardon has not been granted; or
700-23 (2) any information provided in the application is
700-24 false.
700-25 SECTION 14.643. Section 1702.267, Occupations Code, is
700-26 amended to conform to Section 5, Chapter 974, Acts of the 76th
700-27 Legislature, Regular Session, 1999, to read as follows:
701-1 Sec. 1702.267. SUSPENSION OR REVOCATION OF SELLER'S
701-2 CERTIFICATE. On conviction under Section 1702.388 for a violation
701-3 of this subchapter, the commission [board] may revoke or suspend a
701-4 seller's certificate after a hearing conducted under Subchapter O.
701-5 SECTION 14.644. Section 1702.281, Occupations Code, is
701-6 amended to conform to Section 5, Chapter 974, Acts of the 76th
701-7 Legislature, Regular Session, 1999, to read as follows:
701-8 Sec. 1702.281. NOTICE TO LAW ENFORCEMENT. The commission
701-9 [board] shall provide to the sheriff of the county and the chief of
701-10 police of the principal municipality of the county in which a
701-11 person regulated under this chapter resides notice of the issuance,
701-12 revocation, reinstatement, or expiration of a license,
701-13 registration, or commission issued by the commission [board].
701-14 SECTION 14.645. (a) Section 1702.282, Occupations Code, is
701-15 amended to conform to Sections 5, 30, and 55(6), Chapter 974, Acts
701-16 of the 76th Legislature, Regular Session, 1999, to read as follows:
701-17 Sec. 1702.282. CRIMINAL HISTORY CHECK. (a) [The board shall
701-18 deny an application for a person who does not provide two complete
701-19 sets of fingerprints on forms prescribed by the board or fails to
701-20 pay a required fee.]
701-21 [(b)] The commission [board] shall conduct a criminal
701-22 history check, including a check of any criminal history record
701-23 information maintained by the Federal Bureau of Investigation, in
701-24 the manner provided by Subchapter F, Chapter 411, Government Code,
701-25 on each applicant for a license, registration, [or] security
701-26 officer commission, letter of approval, permit, or certification.
701-27 An applicant is not eligible for a license, registration, [or]
702-1 commission, letter of approval, permit, or certification if the
702-2 check reveals that the applicant has committed an act that
702-3 constitutes grounds for the denial of the license, registration,
702-4 [or] commission, letter of approval, permit, or certification.
702-5 Each applicant shall include in the application two complete sets
702-6 of fingerprints on forms prescribed by the commission accompanied
702-7 by the fee set by the commission.
702-8 (b) [(c)] Before beginning employment as a commissioned
702-9 security officer, the applicant must be approved by the commission
702-10 [board] based on the results of the check under Subsection (a)
702-11 [(b)]. To continue employment in a capacity regulated under this
702-12 chapter other than as a commissioned security officer, the
702-13 applicant must be approved by the commission [board] based on the
702-14 results of the check under Subsection (a) [(b)] not later than the
702-15 120th day after the date the applicant begins employment in that
702-16 capacity.
702-17 (c) [(d)] A license, registration, security officer
702-18 commission, letter of approval, [or] permit, or certification
702-19 issued by the commission [board] is conditional on the commission's
702-20 [board's] receipt of criminal history record information.
702-21 (b) Section 30, Chapter 974, Acts of the 76th Legislature,
702-22 Regular Session, 1999, is repealed.
702-23 SECTION 14.646. Section 1702.284, Occupations Code, is
702-24 amended to conform to Section 5, Chapter 974, Acts of the 76th
702-25 Legislature, Regular Session, 1999, to read as follows:
702-26 Sec. 1702.284. ALARM SYSTEMS RECORDS CONFIDENTIAL.
702-27 Information contained in alarm systems records maintained by a
703-1 governmental body that concerns the location of an alarm system,
703-2 the name of the occupant of an alarm system location, or the type
703-3 of alarm system used is confidential and may be disclosed only to
703-4 the commission [board] or as otherwise required by state law or
703-5 court order.
703-6 SECTION 14.647. (a) Section 1702.301, Occupations Code, is
703-7 amended to conform to Sections 5 and 21, Chapter 974, Acts of the
703-8 76th Legislature, Regular Session, 1999, to read as follows:
703-9 Sec. 1702.301. EXPIRATION. (a) A license is valid for one
703-10 year from the date of issuance. A license expires at midnight on
703-11 the last day of the 11th month after the month in which it is
703-12 issued.
703-13 (b) A security officer commission expires on the second
703-14 anniversary of the date the commission is issued.
703-15 (c) A personal protection officer authorization expires on
703-16 the expiration date of the security officer commission under which
703-17 the individual's authorization is issued.
703-18 (d) Registration as a private investigator, manager, branch
703-19 office manager, alarm systems installer, security consultant,
703-20 security salesperson, alarm systems monitor, or dog trainer expires
703-21 on the second anniversary of the date of registration.
703-22 (e) [Notwithstanding Subsection (d), an initial registration
703-23 as an alarm systems installer or security salesperson expires on
703-24 the first anniversary of the date of registration if the board
703-25 requires registrants to be trained or tested under Section
703-26 1702.239.]
703-27 [(f)] Registration as an owner, officer, partner, or
704-1 shareholder of a license holder expires on the second anniversary
704-2 of the date of registration.
704-3 (f) [(g)] Registration as a noncommissioned security officer
704-4 expires on the second [fourth] anniversary of the date of
704-5 registration.
704-6 (g) [(h)] A letter of authority, or a school approval or
704-7 school instructor approval letter issued by the commission [board],
704-8 expires on the first anniversary of the date of issuance.
704-9 (h) [(i)] A license or registration issued under this
704-10 chapter other than one specified in this section expires on the
704-11 date specified by this chapter or by commission [board] rule.
704-12 (b) Section 21, Chapter 974, Acts of the 76th Legislature,
704-13 Regular Session, 1999, is repealed.
704-14 SECTION 14.648. Section 1702.302, Occupations Code, is
704-15 amended to conform to Sections 5, 32, and 55(9), Chapter 974, Acts
704-16 of the 76th Legislature, Regular Session, 1999, to read as follows:
704-17 Sec. 1702.302. LICENSE RENEWAL. (a) [The renewal period for
704-18 a license is the month preceding the month in which it expires. At
704-19 least 30 days before the expiration date of a person's license, the
704-20 board shall send written notice of the impending expiration to the
704-21 person at the person's last known address according to board
704-22 records.]
704-23 [(b)] A person who is otherwise eligible to renew a license
704-24 may renew an unexpired license by paying the required renewal fee
704-25 to the commission [board] before the expiration date of the
704-26 license. A person whose license has expired may not engage in
704-27 activities that require a license until the license has been
705-1 renewed.
705-2 (b) [(c)] A person whose license has been expired for 90
705-3 days or less may renew the license by paying to the commission a
705-4 [board the required] renewal fee [and a fee] that is equal to 1-1/2
705-5 times the normally required renewal fee [half of the amount of the
705-6 license examination fee].
705-7 (c) [(d)] A person whose license has been expired for longer
705-8 than 90 days but less than one year [two years] may renew the
705-9 license by paying to the commission [board all unpaid renewal fees
705-10 and] a renewal fee that is equal to two times the normally required
705-11 renewal [amount of the license examination] fee.
705-12 (d) [(e)] A person whose license has been expired for one
705-13 year [two years] or more [longer] may not renew the license. The
705-14 person may obtain a new license by [submitting to reexamination
705-15 and] complying with the requirements and procedures, including the
705-16 examination requirements, for obtaining an original license.
705-17 (e) Not later than the 30th day before the date a person's
705-18 license is scheduled to expire, the commission shall send written
705-19 notice of the impending expiration to the person at the person's
705-20 last known address according to the commission's records.
705-21 SECTION 14.649. (a) Section 1702.303, Occupations Code, is
705-22 amended to conform to Sections 5, 32, and 55(9), Chapter 974, Acts
705-23 of the 76th Legislature, Regular Session, 1999, to read as follows:
705-24 Sec. 1702.303. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE
705-25 PRACTITIONER. A [The board may renew without reexamination an
705-26 expired license of a] person who was licensed in this state, moved
705-27 to another state, and is currently licensed and has been in
706-1 practice in the other state for the two years preceding the date
706-2 the person applies for renewal may obtain a new license without
706-3 reexamination. The person must pay to the commission [board] a fee
706-4 that is equal to two times the normally required renewal fee for
706-5 [amount of] the license [examination fee].
706-6 (b) Section 32, Chapter 974, Acts of the 76th Legislature,
706-7 Regular Session, 1999, is repealed.
706-8 SECTION 14.650. (a) Section 1702.304, Occupations Code, is
706-9 amended to conform to Sections 5, 33, and 55(10), Chapter 974, Acts
706-10 of the 76th Legislature, Regular Session, 1999, to read as follows:
706-11 Sec. 1702.304. STAGGERED RENEWAL; PRORATION OF LICENSE
706-12 [RENEWAL] FEE. The commission [board] by rule may adopt a system
706-13 under which licenses expire on various dates during the year. For
706-14 the year in which the expiration date of a license is [may be]
706-15 changed, the commission shall prorate license fees on a monthly
706-16 basis [at the time of renewal] so that each [a] license holder pays
706-17 only that portion of the license [renewal] fee that is allocable to
706-18 the number of months during which the license is valid. On renewal
706-19 of the license on the new expiration date, the total license
706-20 renewal fee is payable.
706-21 (b) Section 33, Chapter 974, Acts of the 76th Legislature,
706-22 Regular Session, 1999, is repealed.
706-23 SECTION 14.651. (a) Section 1702.307, Occupations Code, is
706-24 amended to conform to Sections 5, 27, 28, and 55(9), Chapter 974,
706-25 Acts of the 76th Legislature, Regular Session, 1999, to read as
706-26 follows:
706-27 Sec. 1702.307. REGISTRATION RENEWAL. (a) An individual who
707-1 is otherwise eligible to renew a registration may renew an
707-2 unexpired registration by paying the required renewal fee to the
707-3 commission before the expiration date of the registration. An
707-4 individual whose registration has expired may not engage in
707-5 activities that require a registration until the registration has
707-6 been renewed.
707-7 (b) An individual whose registration has been expired for 90
707-8 days or less may renew the registration by paying to the commission
707-9 a renewal fee that is equal to 1-1/2 times the normally required
707-10 renewal fee.
707-11 (c) An individual whose registration has been expired for
707-12 more than 90 days but less than one year may renew the registration
707-13 by paying to the commission a renewal fee that is equal to two
707-14 times the normally required renewal fee.
707-15 (d) An individual whose registration has been expired for
707-16 one year or more may not renew the registration. The individual
707-17 may obtain a new registration by complying with the requirements
707-18 and procedures, including any examination required by the
707-19 commission, for obtaining an original registration.
707-20 (e) An individual who was registered in this state, moved to
707-21 another state, and is currently registered and has been in practice
707-22 in the other state for the two years preceding the date of
707-23 application may obtain a new registration without reexamination.
707-24 The individual must pay to the commission a fee that is equal to
707-25 two times the normally required renewal fee for the registration.
707-26 (f) Not later than the 30th day [At least 30 days] before
707-27 the expiration date of an individual's registration, the commission
708-1 [board] shall send written notice of the impending expiration to
708-2 the individual at the individual's last known address according to
708-3 commission [board] records.
708-4 [(b) On notification from the board the month before the
708-5 expiration date stated on the registrant's pocket card, the
708-6 registrant must file for renewal of the registration on a form
708-7 prescribed by the board.]
708-8 (b) Sections 27 and 28, Chapter 974, Acts of the 76th
708-9 Legislature, Regular Session, 1999, are repealed.
708-10 SECTION 14.652. (a) Subchapter M, Chapter 1702, Occupations
708-11 Code, is amended to conform to Sections 5, 11, 25, and 26, Chapter
708-12 974, Acts of the 76th Legislature, Regular Session, 1999, by adding
708-13 Sections 1702.308 and 1702.309 to read as follows:
708-14 Sec. 1702.308. CONTINUING EDUCATION. (a) This section does
708-15 not apply to a noncommissioned security officer.
708-16 (b) The commission shall recognize, prepare, or administer
708-17 continuing education programs for license holders, commissioned
708-18 security officers, and registrants. The commission shall set the
708-19 minimum number of hours that must be completed and the types of
708-20 programs that may be offered.
708-21 (c) A license holder, commissioned security officer, or
708-22 registrant must participate in the programs to the extent required
708-23 by the commission to keep the person's license, commission, or
708-24 registration. A license holder, commissioned security officer, or
708-25 registrant shall submit evidence of compliance with the
708-26 commission's continuing education requirements in a manner
708-27 prescribed by the commission.
709-1 Sec. 1702.309. SECURITY OFFICER COMMISSION RENEWAL. (a) The
709-2 commission by rule shall develop a continuing education course in
709-3 handgun proficiency required for renewal of a security officer
709-4 commission. Only a commission-approved instructor may administer
709-5 the continuing education course. The course must include:
709-6 (1) at least four hours of instruction on one or more
709-7 of the subjects listed in Section 1702.1675(g); and
709-8 (2) other information that the director determines is
709-9 appropriate.
709-10 (b) A commissioned security officer must demonstrate the
709-11 proficiency required under Section 1702.1685 within the 90-day
709-12 period before the date the commission is renewed.
709-13 (b) Sections 11, 25, and 26, Chapter 974, Acts of the 76th
709-14 Legislature, Regular Session, 1999, are repealed.
709-15 SECTION 14.653. Sections 1702.321(b), (c), and (e),
709-16 Occupations Code, are amended to conform to Section 5, Chapter 974,
709-17 Acts of the 76th Legislature, Regular Session, 1999, and to the
709-18 repeal and transfer by this Act of the substance of Section
709-19 1702.237, Occupations Code, to Section 1702.1675, Occupations Code,
709-20 to read as follows:
709-21 (b) The provisions of this chapter relating to security
709-22 officer commissions apply to a person employed by a political
709-23 subdivision whose duties include serving as a security guard,
709-24 security watchman, or security patrolman on property owned or
709-25 operated by the political subdivision if the governing body of the
709-26 political subdivision files a written request with the commission
709-27 [board] for the commission [board] to issue a commission to the
710-1 political subdivision's employees with those duties.
710-2 (c) The commission [board] may not charge a fee for issuing
710-3 a commission to an officer under Subsection (b). The commission
710-4 [board] shall issue to the officer a pocket card designating the
710-5 political subdivision that employs the officer.
710-6 (e) The commission [board] may approve a security officer
710-7 training program conducted by the political subdivision in
710-8 accordance with Sections 1702.1675 and 1702.168 [and 1702.237].
710-9 SECTION 14.654. Section 1702.322, Occupations Code, is
710-10 amended to conform to Section 3, Chapter 974, Acts of the 76th
710-11 Legislature, Regular Session, 1999, to read as follows:
710-12 Sec. 1702.322. LAW ENFORCEMENT PERSONNEL. This chapter does
710-13 not apply to:
710-14 (1) a person who has full-time employment as a peace
710-15 officer and who receives compensation for private employment on an
710-16 individual or an independent contractor basis as a patrolman,
710-17 guard, extra job coordinator, or watchman if the officer:
710-18 (A) is employed in an employee-employer
710-19 relationship or employed on an individual contractual basis;
710-20 (B) is not in the employ of another peace
710-21 officer;
710-22 (C) is not a reserve peace officer; and
710-23 (D) works as a peace officer on the average of
710-24 at least 32 hours a week, is compensated by the state or a
710-25 political subdivision of the state at least at the minimum wage,
710-26 and is entitled to all employee benefits offered to a peace officer
710-27 by the state or political subdivision;
711-1 (2) a reserve peace officer while the reserve officer
711-2 is performing guard, patrolman, or watchman duties for a county and
711-3 is being compensated solely by that county;
711-4 (3) a peace officer acting in an official capacity in
711-5 responding to a burglar alarm or detection device; or
711-6 (4) a person engaged in the business of electronic
711-7 monitoring of an individual as a condition of that individual's
711-8 community supervision, parole, mandatory supervision, or release on
711-9 bail, if the person does not perform any other service that
711-10 requires a license under this chapter.
711-11 SECTION 14.655. Section 1702.323, Occupations Code, is
711-12 amended to conform to Sections 3 and 5, Chapter 974, Acts of the
711-13 76th Legislature, Regular Session, 1999, by amending Subsections
711-14 (a) and (c) and adding Subsection (d) to read as follows:
711-15 (a) Except as provided by Subsections [Subsection] (b) and
711-16 (d), this chapter does not apply to an individual employed in an
711-17 employee-employer relationship exclusively and regularly by one
711-18 employer in connection with the affairs of the employer.
711-19 (c) Although the security department of a private business
711-20 that hires or employs an individual as a private security officer
711-21 to possess a firearm in the course and scope of the individual's
711-22 duties is required to apply for a security officer commission for
711-23 the individual under this chapter, the security department of a
711-24 private business is not required to apply to the commission [board]
711-25 for any license under this chapter.
711-26 (d) This chapter applies to an individual described by
711-27 Subsection (a) who:
712-1 (1) works at a location that is open to the public;
712-2 and
712-3 (2) in the course of employment:
712-4 (A) regularly comes into contact with the
712-5 public; and
712-6 (B) wears a uniform with any type of badge
712-7 commonly associated with security personnel or law enforcement or a
712-8 patch or apparel with "security" or the name of the employer on the
712-9 patch or apparel.
712-10 SECTION 14.656. Section 1702.324(b), Occupations Code, is
712-11 amended to conform to Section 3, Chapter 974, Acts of the 76th
712-12 Legislature, Regular Session, 1999, to read as follows:
712-13 (b) This chapter does not apply to:
712-14 (1) a manufacturer or a manufacturer's authorized
712-15 distributor who sells equipment to a license holder that is used in
712-16 the operations for which the person is required to be licensed;
712-17 (2) a person engaged exclusively in the business of
712-18 obtaining and providing information to:
712-19 (A) determine creditworthiness;
712-20 (B) collect debts; or
712-21 (C) ascertain the reliability of information
712-22 provided by [financial responsibility of] an applicant for
712-23 property, life, or disability insurance or an indemnity or surety
712-24 bond;
712-25 (3) a person engaged exclusively in the business of
712-26 repossessing property that is secured by a mortgage or other
712-27 security interest;
713-1 (4) a locksmith who:
713-2 (A) does not install or service detection
713-3 devices;
713-4 (B) does not conduct investigations; and
713-5 (C) is not a security services contractor;
713-6 (5) a person who:
713-7 (A) is engaged in the business of psychological
713-8 testing or other testing and interviewing services, including
713-9 services to determine attitudes, honesty, intelligence,
713-10 personality, and skills, for preemployment purposes; and
713-11 (B) does not perform any other service that
713-12 requires a license under this chapter;
713-13 (6) a person who:
713-14 (A) is engaged in obtaining information that is
713-15 a public record under Chapter 552, Government Code, regardless of
713-16 whether the person receives compensation;
713-17 (B) is not a full-time employee, as defined by
713-18 Section 61.001, Labor Code, of a person licensed under this
713-19 chapter; and
713-20 (C) does not perform any other act that requires
713-21 a license under this chapter;
713-22 (7) a licensed [registered] professional engineer
713-23 practicing engineering or directly supervising engineering practice
713-24 under The Texas Engineering Practice Act (Article 3271a, Vernon's
713-25 Texas Civil Statutes), including [and performing] forensic
713-26 analysis, burglar alarm system engineering, and necessary data
713-27 collection [engineering studies who does not:]
714-1 [(A) install or service detection devices;]
714-2 [(B) conduct nonengineering investigations; and]
714-3 [(C) act as a security services contractor];
714-4 (8) an employee of a cattle association who inspects
714-5 livestock brands under the authority granted to the cattle
714-6 association by the Grain Inspection, Packers and Stockyards
714-7 Administration of the United States Department of Agriculture;
714-8 (9) a landman performing activities in the course and
714-9 scope of the landman's business;
714-10 (10) an attorney while engaged in the practice of law
714-11 [in performing the attorney's duties];
714-12 (11) a person who obtains a document for use in
714-13 litigation under an authorization or subpoena issued for a written
714-14 or oral deposition;
714-15 [(12) a person who:]
714-16 [(A) by education, experience, or background has
714-17 specialized expertise or knowledge that would qualify or tend to
714-18 qualify the person as an expert witness, authorized to provide
714-19 opinions in proceedings conducted in a court, administrative
714-20 agency, or governing body of this state or of the United States, in
714-21 accordance with applicable rules; and]
714-22 [(B) does not perform any other service for
714-23 which a license is required under this chapter;] or
714-24 (12) [(13)] an admitted insurer, insurance adjuster,
714-25 agent, or insurance broker licensed by the state, performing duties
714-26 in connection with insurance transacted by that person.
714-27 SECTION 14.657. Section 1702.325, Occupations Code, is
715-1 amended to conform to Section 3, Chapter 974, Acts of the 76th
715-2 Legislature, Regular Session, 1999, to read as follows:
715-3 Sec. 1702.325. COMMON CARRIERS. This chapter does not apply
715-4 to:
715-5 (1) a common carrier by rail engaged in interstate
715-6 commerce, regulated by state and federal authorities, and
715-7 transporting commodities essential to the national defense and to
715-8 the general welfare and safety of the community; or
715-9 (2) an officer, employee, or agent of a common
715-10 carrier, as defined by Section 153 of the federal Communications
715-11 Act of 1934 (47 U.S.C. Section 153), and its subsequent amendments,
715-12 while protecting the carrier or a user of the carrier's
715-13 long-distance services from a fraudulent, unlawful, or abusive use
715-14 of those long-distance services.
715-15 SECTION 14.658. (a) Subchapter N, Chapter 1702, Occupations
715-16 Code, is amended to conform to Section 3, Chapter 974, Acts of the
715-17 76th Legislature, Regular Session, 1999, by adding Section 1702.330
715-18 to read as follows:
715-19 Sec. 1702.330. SECURITY PERSONNEL OF PRIVATE INSTITUTION OF
715-20 HIGHER EDUCATION. This chapter does not apply to:
715-21 (1) a person who is employed full-time by and is
715-22 commissioned as a campus security personnel employee by a private
715-23 institution of higher education under Section 51.212, Education
715-24 Code; or
715-25 (2) a peace officer commissioned by an incorporated
715-26 municipality who is hired under Section 51.212, Education Code, on
715-27 a regular basis by a private institution of higher education while
716-1 that peace officer is operating within the scope of the peace
716-2 officer's employment with the institution of higher education.
716-3 (b) Section 3, Chapter 974, Acts of the 76th Legislature,
716-4 Regular Session, 1999, is repealed.
716-5 SECTION 14.659. Section 1702.361, Occupations Code, is
716-6 amended to conform to Sections 5 and 12, Chapter 974, Acts of the
716-7 76th Legislature, Regular Session, 1999, to read as follows:
716-8 Sec. 1702.361. DENIAL AND DISCIPLINARY POWERS OF COMMISSION
716-9 [BOARD]; GROUNDS. (a) Except as provided by Section 1702.3615, the
716-10 commission [The board], for conduct described by Subsection (b),
716-11 may:
716-12 (1) revoke, [or] suspend, or refuse to renew a
716-13 license, registration, or security officer commission;
716-14 (2) reprimand a license holder, registrant, or
716-15 commissioned security officer;
716-16 [(3) deny an application for a license, registration,
716-17 or security officer commission or for renewal of the license,
716-18 registration, or commission;] or
716-19 (3) [(4)] place on probation a person whose license,
716-20 registration, or security officer commission has been suspended.
716-21 (b) The commission [board] shall take disciplinary action
716-22 described by Subsection (a) on proof:
716-23 (1) that the applicant, license holder, registrant, or
716-24 commissioned security officer has:
716-25 (A) violated this chapter or a commission rule
716-26 adopted under this chapter;
716-27 (B) [been convicted of a felony;]
717-1 [(C)] been convicted of a Class B misdemeanor or
717-2 equivalent offense if the fifth anniversary of the date of the
717-3 conviction has occurred [involving moral turpitude committed after
717-4 the date of application for the license, registration, or
717-5 commission];
717-6 (C) [(D)] engaged in fraud, deceit, or
717-7 misrepresentation; or
717-8 (D) [(E)] made a material misstatement in an
717-9 application for or renewal of a license, registration, or
717-10 commission; or
717-11 (2) that the license holder of a registrant or
717-12 commissioned security officer has submitted to the commission
717-13 [board] sufficient evidence that the registrant or commissioned
717-14 security officer:
717-15 (A) engaged in fraud or deceit while employed by
717-16 the license holder; or
717-17 (B) committed theft while performing work as a
717-18 registrant or commissioned security officer.
717-19 (c) The commission may place on probation a person whose
717-20 license is suspended. If a person's suspension of a license is
717-21 probated, the commission may require the person:
717-22 (1) to report regularly to the commission on matters
717-23 that are the basis of the suspension;
717-24 (2) to limit practice to the areas prescribed by the
717-25 commission; or
717-26 (3) to continue or review professional education until
717-27 the person attains a degree of skill satisfactory to the commission
718-1 in those areas that are the basis of the probation.
718-2 SECTION 14.660. (a) Subchapter O, Chapter 1702, Occupations
718-3 Code, is amended to conform to Sections 5 and 13, Chapter 974, Acts
718-4 of the 76th Legislature, Regular Session, 1999, by adding Section
718-5 1702.3615 to read as follows:
718-6 Sec. 1702.3615. REVOCATION OR REFUSAL FOR CERTAIN OFFENSES.
718-7 (a) Except for an application approved by the commission under
718-8 Subsection (b), the commission shall revoke or refuse to renew a
718-9 registration, license, or security officer commission if the
718-10 applicant, license holder, registrant, or commissioned security
718-11 officer has been convicted of a:
718-12 (1) Class A misdemeanor or equivalent offense or a
718-13 greater offense; or
718-14 (2) Class B misdemeanor or equivalent offense if the
718-15 fifth anniversary of the date of conviction has not occurred.
718-16 (b) An applicant may appeal to the commission the denial of
718-17 a license, registration, or security officer commission application
718-18 if:
718-19 (1) the sole basis of the denial is a conviction for a
718-20 Class A misdemeanor or equivalent or a greater offense;
718-21 (2) the 20th anniversary of the conviction has
718-22 occurred; and
718-23 (3) the applicant waives the applicant's right to a
718-24 hearing before the State Office of Administrative Hearings.
718-25 (c) A proceeding under Subsection (b) is governed by Chapter
718-26 2001, Government Code. A hearing must be held at a regular meeting
718-27 of the commission.
719-1 (d) Notwithstanding any other provision of this chapter, the
719-2 commission may approve the application.
719-3 (b) Section 13, Chapter 974, Acts of the 76th Legislature,
719-4 Regular Session, 1999, is repealed.
719-5 SECTION 14.661. Section 1702.362, Occupations Code, is
719-6 amended to conform to Section 5, Chapter 974, Acts of the 76th
719-7 Legislature, Regular Session, 1999, to read as follows:
719-8 Sec. 1702.362. FAILURE TO FILE REQUIRED NOTICE. The
719-9 commission [board] may suspend or revoke a license if the license
719-10 holder fails to notify the commission [board] as required by
719-11 Section 1702.121 that a manager has ceased to be the manager of the
719-12 license holder.
719-13 SECTION 14.662. Section 1702.363, Occupations Code, is
719-14 amended to conform to Sections 5 and 12, Chapter 974, Acts of the
719-15 76th Legislature, Regular Session, 1999, to read as follows:
719-16 Sec. 1702.363. APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.
719-17 Except as provided by Sections 1702.3615(b) and [Section] 1702.364,
719-18 a person regulated under this chapter against whom the commission
719-19 has taken action is entitled to a hearing before the State Office
719-20 of Administrative Hearings. A proceeding under this section is a
719-21 contested case that is [proceedings for the denial, suspension, or
719-22 revocation of a license, registration, or security officer
719-23 commission or for the probation of a person are] governed by
719-24 Chapter 2001, Government Code.
719-25 SECTION 14.663. Sections 1702.364(a), (b), (c), and (f),
719-26 Occupations Code, are amended to conform to Sections 5 and 12,
719-27 Chapter 974, Acts of the 76th Legislature, Regular Session, 1999,
720-1 to read as follows:
720-2 (a) On receiving written notice from the Texas Department of
720-3 Public Safety or another law enforcement agency that an individual
720-4 has been arrested for or charged with a Class B misdemeanor or
720-5 equivalent offense [involving moral turpitude] or a greater offense
720-6 [felony], the commission [board] may:
720-7 (1) summarily deny the individual's application for a
720-8 license, registration, or [for a] security officer commission; or
720-9 (2) summarily suspend the individual's license,
720-10 registration, or security officer commission.
720-11 (b) To initiate a proceeding to take action under Subsection
720-12 (a), the commission [board] must serve notice to the individual.
720-13 The notice must:
720-14 (1) inform the individual of the right to a
720-15 preliminary hearing before the commission [board];
720-16 (2) state the alleged violations that constitute
720-17 grounds for summary suspension; and
720-18 (3) be personally served on the individual or sent to
720-19 the individual by certified or registered mail, return receipt
720-20 requested, to the individual's mailing address as it appears in the
720-21 commission's [board's] records.
720-22 (c) The suspension is effective at the time notice is
720-23 served. If notice is served in person, the individual shall
720-24 immediately surrender to the commission [board] the registration,
720-25 commission, pocket card, or other identification issued by the
720-26 commission [board]. If the notice is served by mail, the
720-27 individual shall immediately return to the commission [board] the
721-1 registration, commission, pocket card, or other identification
721-2 issued by the commission [board].
721-3 (f) Chapter 2001, Government Code, does not apply to a
721-4 proceeding before the commission [board] under this section except
721-5 for a final administrative hearing.
721-6 SECTION 14.664. Section 1702.365, Occupations Code, is
721-7 amended to conform to Section 5, Chapter 974, Acts of the 76th
721-8 Legislature, Regular Session, 1999, to read as follows:
721-9 Sec. 1702.365. ABDUCTION OF CHILD. The commission [board]
721-10 shall revoke a person's license, registration, or security officer
721-11 commission or deny a person's application for, or renewal of, a
721-12 license, registration, or security officer commission on proof that
721-13 the person or an agent of the person has, after the date of
721-14 application for a license, registration, or security officer
721-15 commission, abducted or attempted to abduct by force or the threat
721-16 of force or by misrepresentation, stealth, or unlawful entry a
721-17 child who at the time of the abduction or attempt is under the care
721-18 and control of a person who:
721-19 (1) has custody or physical possession of the child
721-20 under a court order; or
721-21 (2) is exercising the care and control with the
721-22 consent of a person who has custody or physical possession of the
721-23 child under a court order.
721-24 SECTION 14.665. Section 1702.366, Occupations Code, is
721-25 repealed to conform to the repeal of the law from which that
721-26 section was derived by Section 12, Chapter 974, Acts of the 76th
721-27 Legislature, Regular Session, 1999.
722-1 SECTION 14.666. Sections 1702.367(a), (c), (d), and (e),
722-2 Occupations Code, are amended to conform to Section 5, Chapter 974,
722-3 Acts of the 76th Legislature, Regular Session, 1999, to read as
722-4 follows:
722-5 (a) For an investigation conducted under this chapter, the
722-6 commission [board] may issue a subpoena to compel the attendance of
722-7 a witness or the production of a pertinent record or document. The
722-8 hearings officer may administer oaths and require testimony or
722-9 evidence to be given under oath.
722-10 (c) A person required to testify or to produce a record or
722-11 document on any matter properly under inquiry by the commission
722-12 [board] who refuses to testify or to produce the record or document
722-13 on the ground that the testimony or the production of the record or
722-14 document would incriminate or tend to incriminate the person is
722-15 nonetheless required to testify or to produce the record or
722-16 document. A person who is required to testify or to produce a
722-17 record or document under this subsection is not subject to
722-18 indictment or prosecution for a transaction, matter, or thing
722-19 concerning which the person truthfully testifies or produces
722-20 evidence.
722-21 (d) If a witness refuses to obey a subpoena or to give
722-22 evidence relevant to proper inquiry by the commission [board], the
722-23 commission [board] may petition a district court of the county in
722-24 which the hearing is held to compel the witness to obey the
722-25 subpoena or to give the evidence. The court shall immediately
722-26 issue process to the witness and shall hold a hearing on the
722-27 petition as soon as possible.
723-1 (e) An investigator employed by the commission [board] may
723-2 take statements under oath in an investigation of a matter covered
723-3 by this chapter.
723-4 SECTION 14.667. (a) Section 1702.368, Occupations Code, is
723-5 amended to conform to Sections 5 and 34, Chapter 974, Acts of the
723-6 76th Legislature, Regular Session, 1999, to read as follows:
723-7 Sec. 1702.368. NOTIFICATION OF CONVICTION FOR CERTAIN
723-8 OFFENSES [NOTICE FROM DEPARTMENT OF PUBLIC SAFETY]. The Texas
723-9 Department of Public Safety shall notify the commission [board] and
723-10 the police department of the municipality and the sheriff's
723-11 department of the county in which a person licensed, registered, or
723-12 commissioned under this chapter resides of the conviction of the
723-13 person for a Class B misdemeanor or equivalent offense or a greater
723-14 offense [crime involving moral turpitude or a felony].
723-15 (b) Section 34, Chapter 974, Acts of the 76th Legislature,
723-16 Regular Session, 1999, is repealed.
723-17 SECTION 14.668. (a) Subchapter O, Chapter 1702, Occupations
723-18 Code, is amended to conform to Section 3, Chapter 1465, Acts of the
723-19 76th Legislature, Regular Session, 1999, by adding Section
723-20 1702.3705 to read as follows:
723-21 Sec. 1702.3705. PROHIBITION AGAINST CERTAIN POLITICAL
723-22 SUBDIVISIONS ACTING AS ALARM SYSTEMS COMPANY. (a) Except as
723-23 provided by Subsection (b), a political subdivision may not offer
723-24 residential alarm system sales, service, installation, or
723-25 monitoring unless it has been providing monitoring services to
723-26 residences within the boundaries of the political subdivision as of
723-27 September 1, 1999. Any fee charged by the political subdivision
724-1 may not exceed the cost of the monitoring.
724-2 (b) A political subdivision may:
724-3 (1) offer service, installation, or monitoring for
724-4 property owned by the political subdivision or another political
724-5 subdivision;
724-6 (2) allow for the response of an alarm or detection
724-7 device by a law enforcement agency or by a law enforcement officer
724-8 acting in an official capacity;
724-9 (3) offer monitoring in connection with a criminal
724-10 investigation; or
724-11 (4) offer monitoring to a financial institution, as
724-12 defined by Section 59.301, Finance Code, that requests, in writing,
724-13 that the political subdivision provide monitoring service to the
724-14 financial institution.
724-15 (c) The limitations of Subsection (a) do not apply to a
724-16 political subdivision in a county with a population of less than
724-17 80,000 or in a political subdivision where monitoring is not
724-18 otherwise provided or available.
724-19 (b) Section 3, Chapter 1465, Acts of the 76th Legislature,
724-20 Regular Session, 1999, is repealed.
724-21 SECTION 14.669. (a) Section 1702.371, Occupations Code, is
724-22 amended to conform to Sections 12 and 14, Chapter 974, Acts of the
724-23 76th Legislature, Regular Session, 1999, to read as follows:
724-24 Sec. 1702.371. CONVICTION OF CERTAIN CRIMES. In this
724-25 subchapter, a person is considered to be convicted of an offense
724-26 that is a Class B misdemeanor [involving moral turpitude] or
724-27 greater offense, or an equivalent offense, [a felony] if a court
725-1 enters a judgment against the person for committing a Class B
725-2 misdemeanor [involving moral turpitude] or greater offense, or an
725-3 equivalent offense, [a felony] under the laws of this state,
725-4 another state, or the United States, including a conviction:
725-5 (1) [a conviction] in which a person is placed on and
725-6 subsequently discharged from community supervision; and
725-7 (2) [a conviction] for which a person is pardoned,
725-8 unless a full [the] pardon has been [is] granted [expressly because
725-9 of proof of the person's innocence].
725-10 (b) Sections 12 and 14, Chapter 974, Acts of the 76th
725-11 Legislature, Regular Session, 1999, are repealed.
725-12 SECTION 14.670. Section 1702.381(b), Occupations Code, is
725-13 amended to conform to Section 5, Chapter 974, Acts of the 76th
725-14 Legislature, Regular Session, 1999, to read as follows:
725-15 (b) The commission [board] must give a person 30 days'
725-16 notice of the requirement to obtain a license before the civil
725-17 penalty may be assessed.
725-18 SECTION 14.671. Section 1702.382, Occupations Code, is
725-19 amended to conform to Section 5, Chapter 974, Acts of the 76th
725-20 Legislature, Regular Session, 1999, to read as follows:
725-21 Sec. 1702.382. INJUNCTION. (a) The commission [board] may
725-22 institute an action in the name of the commission [board] against a
725-23 person to enjoin a violation by the person of this chapter or a
725-24 commission [board] rule.
725-25 (b) The commission [board] is not required to allege or
725-26 prove that an adequate remedy at law does not exist or that
725-27 substantial or irreparable damage would result from the continued
726-1 violation to sustain an action under this section.
726-2 SECTION 14.672. Section 1702.383, Occupations Code, is
726-3 amended to conform to Section 5, Chapter 974, Acts of the 76th
726-4 Legislature, Regular Session, 1999, to read as follows:
726-5 Sec. 1702.383. ACTION FOR CIVIL PENALTY OR INJUNCTION. If a
726-6 person has violated a provision of this chapter for which a penalty
726-7 is imposed under Section 1702.381, the commission [board] may
726-8 institute a civil suit in a Travis County district court for
726-9 injunctive relief under Section 1702.382 or for assessment and
726-10 recovery of the civil penalty.
726-11 SECTION 14.673. (a) Subchapter P, Chapter 1702, Occupations
726-12 Code, is amended to conform to Section 1, Chapter 388, and Section
726-13 31, Chapter 974, Acts of the 76th Legislature, Regular Session,
726-14 1999, by adding Section 1702.3863 to read as follows:
726-15 Sec. 1702.3863. UNAUTHORIZED CONTRACT WITH BAIL BOND SURETY;
726-16 OFFENSE. (a) A person commits an offense if the person contracts
726-17 with or is employed by a bail bond surety as defined by Chapter
726-18 1704 to secure the appearance of a person who has violated Section
726-19 38.10, Penal Code, unless the person is:
726-20 (1) a peace officer;
726-21 (2) an individual licensed as a private investigator
726-22 or the manager of a licensed investigations company; or
726-23 (3) a commissioned security officer employed by a
726-24 licensed guard company.
726-25 (b) An offense under Subsection (a) is a state jail felony.
726-26 (b) Section 31, Chapter 974, Acts of the 76th Legislature,
726-27 Regular Session, 1999, is repealed.
727-1 SECTION 14.674. (a) Subchapter P, Chapter 1702, Occupations
727-2 Code, is amended to conform to Section 8, Chapter 1506, Acts of the
727-3 76th Legislature, Regular Session, 1999, by adding Section
727-4 1702.3867 to read as follows:
727-5 Sec. 1702.3867. EXECUTION OF CAPIAS OR ARREST WARRANT;
727-6 OFFENSE. (a) A private investigator executing a capias or an
727-7 arrest warrant on behalf of a bail bond surety may not:
727-8 (1) enter a residence without the consent of the
727-9 occupants;
727-10 (2) execute the capias or warrant without written
727-11 authorization from the surety;
727-12 (3) wear, carry, or display any uniform, badge,
727-13 shield, or other insignia or emblem that implies that the private
727-14 investigator is an employee, officer, or agent of the federal
727-15 government, the state, or a political subdivision of the state; or
727-16 (4) notwithstanding Section 9.51, Penal Code, use
727-17 deadly force.
727-18 (b) Notwithstanding Subsection (a)(3), a private
727-19 investigator may display identification that indicates that the
727-20 person is acting on behalf of a bail bond surety.
727-21 (c) A private investigator executing a capias or an arrest
727-22 warrant on behalf of a bail bond surety shall immediately take the
727-23 person arrested to:
727-24 (1) if the arrest is made in the county in which the
727-25 capias or warrant was issued:
727-26 (A) the county jail for that county if:
727-27 (i) the offense is a Class A or Class B
728-1 misdemeanor or a felony; or
728-2 (ii) the offense is a Class C misdemeanor
728-3 and the capias or warrant was issued by a magistrate of that
728-4 county; or
728-5 (B) the municipal jail for the appropriate
728-6 municipality if the offense is a Class C misdemeanor and the capias
728-7 or warrant was issued by a magistrate of the municipality; or
728-8 (2) if the arrest is made in a county other than the
728-9 county in which the capias or warrant was issued, the county jail
728-10 for the county in which the arrest is made.
728-11 (d) A person commits an offense if the person violates this
728-12 section. An offense under this section is a state jail felony.
728-13 (b) Section 8, Chapter 1506, Acts of the 76th Legislature,
728-14 Regular Session, 1999, is repealed.
728-15 SECTION 14.675. Section 1702.387(a), Occupations Code, is
728-16 amended to conform to Section 5, Chapter 974, Acts of the 76th
728-17 Legislature, Regular Session, 1999, to read as follows:
728-18 (a) A person commits an offense if the person fails to
728-19 surrender or immediately return to the commission [board] the
728-20 person's registration, commission, pocket card, or other
728-21 identification issued to the person by the commission [board] on
728-22 notification of a summary suspension or summary denial under
728-23 Section 1702.364.
728-24 SECTION 14.676. (a) Chapter 1702, Occupations Code, is
728-25 amended to conform to Sections 5 and 36, Chapter 974, Acts of the
728-26 76th Legislature, Regular Session, 1999, by adding Subchapter Q to
728-27 read as follows:
729-1 SUBCHAPTER Q. ADMINISTRATIVE PENALTY
729-2 Sec. 1702.401. IMPOSITION OF PENALTY. In addition to any
729-3 other disciplinary action taken by the commission, the commission
729-4 may impose an administrative penalty on a person licensed,
729-5 commissioned, or registered under this chapter who violates this
729-6 chapter or a rule or order adopted under this chapter.
729-7 Sec. 1702.402. AMOUNT OF PENALTY. (a) Each day a violation
729-8 continues or occurs is a separate violation for purposes of
729-9 imposing a penalty. The amount of each separate violation may not
729-10 exceed $200.
729-11 (b) The amount of a violation shall be based on:
729-12 (1) the seriousness of the violation, including the
729-13 nature, circumstances, extent, and gravity of the violation;
729-14 (2) the economic harm to property or the public caused
729-15 by the violation;
729-16 (3) the history of previous violations;
729-17 (4) the amount necessary to deter a future violation;
729-18 (5) efforts to correct the violation; and
729-19 (6) any other matter that justice may require.
729-20 Sec. 1702.403. REPORT AND NOTICE OF VIOLATION AND PENALTY.
729-21 (a) If the director determines that a violation occurred, the
729-22 director may issue to the commission a report stating:
729-23 (1) the facts on which the determination is based; and
729-24 (2) the director's recommendation on the imposition of
729-25 the penalty, including a recommendation on the amount of the
729-26 penalty.
729-27 (b) Not later than the 14th day after the date the report is
730-1 issued, the director shall give written notice of the report to the
730-2 person.
730-3 (c) The notice must:
730-4 (1) include a brief summary of the alleged violation;
730-5 (2) state the amount of the recommended penalty; and
730-6 (3) inform the person of the person's right to a
730-7 hearing on the occurrence of the violation, the amount of the
730-8 penalty, or both.
730-9 Sec. 1702.404. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
730-10 Not later than the 20th day after the date the person receives the
730-11 notice, the person in writing may:
730-12 (1) accept the determination and recommended penalty
730-13 of the director; or
730-14 (2) make a request for a hearing on the occurrence of
730-15 the violation, the amount of the penalty, or both.
730-16 (b) If the person accepts the determination and recommended
730-17 penalty of the director, the commission by order shall approve the
730-18 determination and impose the recommended penalty.
730-19 Sec. 1702.405. HEARING. (a) If the person requests a
730-20 hearing or fails to respond in a timely manner to the notice, the
730-21 director shall set a hearing and give written notice of the hearing
730-22 to the person. An administrative law judge of the State Office of
730-23 Administrative Hearings shall hold the hearing.
730-24 (b) The administrative law judge shall make findings of fact
730-25 and conclusions of law and promptly issue to the commission a
730-26 proposal for a decision about the occurrence of the violation and
730-27 the amount of a proposed penalty.
731-1 Sec. 1702.406. DECISION BY COMMISSION. (a) Based on the
731-2 findings of fact, conclusions of law, and proposal for a decision,
731-3 the commission by order may:
731-4 (1) find that a violation occurred and impose a
731-5 penalty; or
731-6 (2) find that a violation did not occur.
731-7 (b) The notice of the commission's order given to the person
731-8 must include a statement of the right of the person to judicial
731-9 review of the order.
731-10 Sec. 1702.407. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
731-11 Not later than the 30th day after the date the commission's order
731-12 becomes final, the person shall:
731-13 (1) pay the penalty; or
731-14 (2) file a petition for judicial review contesting the
731-15 occurrence of the violation, the amount of the penalty, or both.
731-16 Sec. 1702.408. STAY OF ENFORCEMENT OF PENALTY. (a) Within
731-17 the 30-day period prescribed by Section 1702.407, a person who
731-18 files a petition for judicial review may:
731-19 (1) stay enforcement of the penalty by:
731-20 (A) paying the penalty to the court for
731-21 placement in an escrow account; or
731-22 (B) giving the court a supersedeas bond approved
731-23 by the court that:
731-24 (i) is for the amount of the penalty; and
731-25 (ii) is effective until all judicial
731-26 review of the commission's order is final; or
731-27 (2) request the court to stay enforcement of the
732-1 penalty by:
732-2 (A) filing with the court a sworn affidavit of
732-3 the person stating that the person is financially unable to pay the
732-4 penalty and is financially unable to give the supersedeas bond; and
732-5 (B) giving a copy of the affidavit to the
732-6 director by certified mail.
732-7 (b) If the director receives a copy of an affidavit under
732-8 Subsection (a)(2), the director may file with the court, not later
732-9 than the fifth day after the date the copy is received, a contest
732-10 to the affidavit. The court shall hold a hearing on the facts
732-11 alleged in the affidavit as soon as practicable and shall stay the
732-12 enforcement of the penalty on finding that the alleged facts are
732-13 true. The person who files an affidavit has the burden of proving
732-14 that the person is financially unable to pay the penalty and to
732-15 give a supersedeas bond.
732-16 Sec. 1702.409. COLLECTION OF PENALTY. (a) If the person
732-17 does not pay the penalty and the enforcement of the penalty is not
732-18 stayed, the penalty may be collected.
732-19 (b) The attorney general may sue to collect the penalty.
732-20 Sec. 1702.410. DECISION BY COURT. (a) If the court sustains
732-21 the finding that a violation occurred, the court may uphold or
732-22 reduce the amount of the penalty and order the person to pay the
732-23 full or reduced amount of the penalty.
732-24 (b) If the court does not sustain the finding that a
732-25 violation occurred, the court shall order that a penalty is not
732-26 owed.
732-27 Sec. 1702.411. REMITTANCE OF PENALTY AND INTEREST. (a) If
733-1 the person paid the penalty and if the amount of the penalty is
733-2 reduced or the penalty is not upheld by the court, the court shall
733-3 order, when the court's judgment becomes final, that the
733-4 appropriate amount plus accrued interest be remitted to the person.
733-5 (b) The interest accrues at the rate charged on loans to
733-6 depository institutions by the New York Federal Reserve Bank.
733-7 (c) The interest shall be paid for the period beginning on
733-8 the date the penalty is paid and ending on the date the penalty is
733-9 remitted.
733-10 Sec. 1702.412. RELEASE OF BOND. (a) If the person gave a
733-11 supersedeas bond and the penalty is not upheld by the court, the
733-12 court shall order, when the court's judgment becomes final, the
733-13 release of the bond.
733-14 (b) If the person gave a supersedeas bond and the amount of
733-15 the penalty is reduced, the court shall order the release of the
733-16 bond after the person pays the reduced amount.
733-17 Sec. 1702.413. ADMINISTRATIVE PROCEDURE. A proceeding to
733-18 impose the penalty is considered to be a contested case under
733-19 Chapter 2001, Government Code.
733-20 (b) Sections 5 and 36, Chapter 974, Acts of the 76th
733-21 Legislature, Regular Session, 1999, are repealed.
733-22 PART 20. CHANGES RELATING TO TITLE 13,
733-23 OCCUPATIONS CODE
733-24 SECTION 14.701. (a) Section 2151.002, Occupations Code, is
733-25 amended to conform to Section 1, Chapter 1364, Acts of the 76th
733-26 Legislature, Regular Session, 1999, by amending Subdivision (2),
733-27 redesignating existing Subdivision (4) as Subdivision (5), and
734-1 adding new Subdivisions (4) and (6) to read as follows:
734-2 (2) "Class A amusement ride" means an amusement ride
734-3 with a fixed location designed primarily for use by children
734-4 younger than 13 years of age.
734-5 (4) "Commissioner" means the commissioner of
734-6 insurance.
734-7 (5) [(4)] "Department" means the Texas Department of
734-8 Insurance.
734-9 (6) "Mobile amusement ride" means an amusement ride
734-10 that is designed or adapted to be moved from one location to
734-11 another and is not fixed at a single location.
734-12 (b) Section 1, Chapter 1364, Acts of the 76th Legislature,
734-13 Regular Session, 1999, is repealed.
734-14 SECTION 14.702. (a) Section 2151.051, Occupations Code, is
734-15 amended to conform to Section 2, Chapter 1364, Acts of the 76th
734-16 Legislature, Regular Session, 1999, to read as follows:
734-17 Sec. 2151.051. GENERAL POWERS AND DUTIES. The commissioner
734-18 [department] shall administer and enforce this chapter.
734-19 (b) Section 2151.052(a), Occupations Code, is amended to
734-20 conform to Section 2, Chapter 1364, Acts of the 76th Legislature,
734-21 Regular Session, 1999, to read as follows:
734-22 (a) The commissioner [department] shall establish reasonable
734-23 and necessary fees, in an amount not to exceed $40 [$20] per year,
734-24 for each amusement ride covered by this chapter.
734-25 (c) Section 2, Chapter 1364, Acts of the 76th Legislature,
734-26 Regular Session, 1999, is repealed.
734-27 SECTION 14.703. (a) Section 2151.101(a), Occupations Code,
735-1 is amended to conform to Section 3, Chapter 1364, Acts of the 76th
735-2 Legislature, Regular Session, 1999, to read as follows:
735-3 (a) A person may not operate an amusement ride unless the
735-4 person:
735-5 (1) has had the amusement ride inspected at least once
735-6 a year by an insurer or a person with whom the insurer has
735-7 contracted;
735-8 (2) obtains a written certificate from the insurer or
735-9 person with whom the insurer has contracted stating that the
735-10 amusement ride:
735-11 (A) has been inspected;
735-12 (B) meets the standards for insurance coverage;
735-13 and
735-14 (C) is covered by the insurance required by
735-15 Subdivision (3);
735-16 (3) has an insurance policy currently in effect
735-17 written by an insurance company authorized to do business in this
735-18 state or by a surplus lines insurer, as defined by Article 1.14-2,
735-19 Insurance Code, or has an independently procured policy subject to
735-20 Article 1.14-1, Insurance Code, insuring the owner or operator
735-21 against liability for injury to persons arising out of the use of
735-22 the amusement ride in an amount of not less than:
735-23 (A) $100,000 per occurrence with a $300,000
735-24 annual aggregate for Class A amusement rides; and
735-25 (B) $1,000,000 per occurrence for Class B
735-26 amusement rides;
735-27 (4) files with the commissioner [department], as
736-1 required by this chapter, the inspection certificate and the
736-2 insurance policy or a photocopy of the certificate or policy
736-3 authorized by the commissioner [department]; and
736-4 (5) files with each sponsor, lessor, landowner, or
736-5 other person responsible for the amusement ride being offered for
736-6 use by the public a photocopy of the inspection certificate and the
736-7 insurance policy required by this subsection [certificate stating
736-8 that the insurance required by Subdivision (3) is in effect].
736-9 (b) Section 2151.102(a), Occupations Code, is amended to
736-10 conform to Section 3, Chapter 1364, Acts of the 76th Legislature,
736-11 Regular Session, 1999, to read as follows:
736-12 (a) The inspection required by Section 2151.101(a) must test
736-13 for stress-related and wear-related damage of the critical parts of
736-14 a ride that the manufacturer of the amusement ride [department]
736-15 determines:
736-16 (1) are reasonably subject to failure as the result of
736-17 stress and wear; and
736-18 (2) could cause injury to a member of the public as a
736-19 result of a failure.
736-20 (c) Subchapter C, Chapter 2151, Occupations Code, is amended
736-21 to conform to Section 3, Chapter 1364, Acts of the 76th
736-22 Legislature, Regular Session, 1999, by adding Sections 2151.1021,
736-23 2151.1022, 2151.105, and 2151.106 to read as follows:
736-24 Sec. 2151.1021. INSPECTION REQUIREMENTS FOR MOBILE AMUSEMENT
736-25 RIDES. (a) The commissioner shall adopt rules requiring operators
736-26 of mobile amusement rides to perform inspections of mobile
736-27 amusement rides, including rules requiring daily inspections of
737-1 safety restraints.
737-2 (b) Rules adopted under this section may apply to specific
737-3 rides of specific manufacturers.
737-4 (c) The commissioner shall prescribe forms for inspections
737-5 required under this section and shall require records of the
737-6 inspections to be made available for inspection by any
737-7 municipality, county, or state law enforcement officials at any
737-8 location at which an amusement ride is operated.
737-9 Sec. 2151.1022. REQUIRED RECORDS OF GOVERNMENTAL ACTIONS.
737-10 (a) A person who operates an amusement ride in this state shall
737-11 maintain accurate records of any governmental action taken in any
737-12 state relating to that particular amusement ride, including an
737-13 inspection resulting in the repair or replacement of equipment used
737-14 in the operation of the amusement ride.
737-15 (b) The operator shall file with the commissioner quarterly
737-16 a report, on a form designed by the commissioner, describing each
737-17 governmental action taken in the quarter covered by the report for
737-18 which the operator is required by Subsection (a) to maintain
737-19 records. A report is not required in any quarter in which no
737-20 reportable governmental action was taken in any state in which the
737-21 person operated the amusement ride.
737-22 (c) A person who operates an amusement ride shall maintain
737-23 for not less than two years at any location where the ride is
737-24 operated, for inspection by a municipal, county, or state law
737-25 enforcement official, a photocopy of any quarterly report required
737-26 under this section or Section 2151.103 to be filed with the
737-27 commissioner.
738-1 Sec. 2151.105. SIGNAGE REQUIREMENTS. (a) The commissioner
738-2 shall adopt rules requiring that a sign be posted to inform the
738-3 public how to report an amusement ride that appears to be unsafe or
738-4 to report an amusement ride operator who appears to be violating
738-5 the law.
738-6 (b) The rules must require the sign to be posted at the
738-7 principal entrance to the site at which an amusement ride is
738-8 located or at any location on that site at which tickets for an
738-9 amusement ride are available.
738-10 Sec. 2151.106. MINIMUM STANDARDS. (a) An amusement ride
738-11 covered by this chapter that is sold, maintained, or operated in
738-12 this state must comply with standards established by the American
738-13 Society of Testing and Materials (ASTM) as of May 1, 1999. Those
738-14 standards are minimum standards.
738-15 (b) To the extent that the standards of the American Society
738-16 of Testing and Materials conflict with the requirements of this
738-17 chapter, the more stringent requirement or standard applies.
738-18 (d) Section 2151.103(c), Occupations Code, is amended to
738-19 conform to Section 3, Chapter 1364, Acts of the 76th Legislature,
738-20 Regular Session, 1999, to read as follows:
738-21 (c) The operator shall file an injury report with the
738-22 commissioner [department] on a quarterly basis. The report shall
738-23 be made on a form prescribed by the commissioner [department] and
738-24 shall include a description of each injury caused by a ride that
738-25 results in death or requires medical treatment.
738-26 (e) Section 3, Chapter 1364, Acts of the 76th Legislature,
738-27 Regular Session, 1999, is repealed.
739-1 SECTION 14.704. (a) Section 2151.151, Occupations Code, is
739-2 amended to conform to Section 4, Chapter 1364, Acts of the 76th
739-3 Legislature, Regular Session, 1999, to read as follows:
739-4 Sec. 2151.151. INJUNCTION. The district attorney of a
739-5 county in which an amusement ride is operated or, on request of the
739-6 commissioner of insurance, the attorney general or an agent of the
739-7 attorney general, may seek an injunction against a person operating
739-8 an amusement ride in violation of this chapter or in violation of a
739-9 rule adopted by the commissioner under Section 2151.1021 or
739-10 2151.105.
739-11 (b) Section 4, Chapter 1364, Acts of the 76th Legislature,
739-12 Regular Session, 1999, is repealed.
739-13 SECTION 14.705. (a) Subchapter D, Chapter 2151, Occupations
739-14 Code, is amended to conform to Sections 5, 7, and 15, Chapter 1364,
739-15 Acts of the 76th Legislature, Regular Session, 1999, by amending
739-16 Section 2151.152 and adding Sections 2151.1525-2151.1527 to read as
739-17 follows:
739-18 Sec. 2151.152. OTHER [LOCAL] ENFORCEMENT ACTIONS. (a) A
739-19 municipal, county, or state law enforcement official may determine
739-20 compliance with a provision of Subchapter C, other than Section
739-21 2151.104, in conjunction with the commissioner and may institute an
739-22 action in a court of competent jurisdiction to enforce this
739-23 chapter.
739-24 (b) A municipal, county, or state law enforcement official
739-25 may enter and inspect without notice any amusement ride at any time
739-26 to ensure public safety.
739-27 (c) The operator of an amusement ride shall immediately
740-1 provide the inspection certificate and the insurance policy
740-2 required by Section 2151.101 to a municipal, county, or state law
740-3 enforcement official requesting the information. A photocopy of
740-4 the inspection certificate or insurance policy may be provided
740-5 instead of the certificate or policy.
740-6 (d) Performance or nonperformance by a municipal, county, or
740-7 state law enforcement official of any action authorized by this
740-8 chapter is a discretionary act [A municipal or county law
740-9 enforcement official may determine compliance with Section
740-10 2151.101, 2151.102, or 2151.103 in conjunction with the department
740-11 and may commence an action to enforce this chapter].
740-12 Sec. 2151.1525. PROHIBITION OF AMUSEMENT RIDE OPERATION. (a)
740-13 Except as provided by Subsection (e), a municipal, county, or state
740-14 law enforcement official may immediately prohibit operation of an
740-15 amusement ride if:
740-16 (1) the operator of the amusement ride is unable to
740-17 provide the documents or a photocopy of the documents required by
740-18 Section 2151.152(c);
740-19 (2) the law enforcement official reasonably believes
740-20 the amusement ride is not in compliance with Section 2151.101; or
740-21 (3) the operation of the amusement ride, conduct of a
740-22 person operating the amusement ride, conduct of a person assembling
740-23 the amusement ride if it is a mobile amusement ride, or any other
740-24 circumstance causes the law enforcement official to reasonably
740-25 believe that the amusement ride is unsafe or the safety of a
740-26 passenger on the amusement ride is threatened.
740-27 (b) If the operation of an amusement ride is prohibited
741-1 under Subsection (a)(1) or (2), a person may not operate the
741-2 amusement ride unless:
741-3 (1) the operator presents to the appropriate
741-4 municipal, county, or state law enforcement official proof of
741-5 compliance with Section 2151.101; or
741-6 (2) the commissioner or the commissioner's designee
741-7 determines that on the date the amusement ride's operation was
741-8 prohibited the operator had on file with the board the documents
741-9 required by Section 2151.101 and issues a written statement
741-10 permitting the amusement ride to resume operation.
741-11 (c) If on the date an amusement ride's operation is
741-12 prohibited under Subsection (a)(3) the amusement ride is not in
741-13 compliance with Section 2151.101, a person may not operate the
741-14 amusement ride until after the person subsequently complies with
741-15 Section 2151.101.
741-16 (d) If on the date an amusement ride's operation is
741-17 prohibited under Subsection (a)(3) the amusement ride is in
741-18 compliance with Section 2151.101, a person may not operate the
741-19 amusement ride until:
741-20 (1) on-site corrections are made;
741-21 (2) an order from a district judge, county judge,
741-22 judge of a county court at law, justice of the peace, or municipal
741-23 judge permits the amusement ride to resume operation; or
741-24 (3) an insurance company insuring the amusement ride
741-25 on the date the amusement ride's operation was prohibited:
741-26 (A) reinspects the amusement ride in the same
741-27 manner required by Section 2151.101; and
742-1 (B) delivers to the commissioner or the
742-2 commissioner's designee and the appropriate law enforcement
742-3 official a reinspection certificate:
742-4 (i) stating that the required reinspection
742-5 has occurred;
742-6 (ii) stating that the amusement ride meets
742-7 coverage standards and is covered by insurance in compliance with
742-8 Section 2151.101; and
742-9 (iii) explaining the necessary repairs, if
742-10 any, that have been made to the amusement ride after its operation
742-11 was prohibited.
742-12 (e) Subsection (a) does not apply to an amusement ride with
742-13 a fixed location and operated at an amusement park that was
742-14 attended by more than 200,000 customers in the year preceding the
742-15 inspection under Section 2151.152(b).
742-16 Sec. 2151.1526. PROHIBITION OF MOBILE AMUSEMENT RIDE
742-17 OPERATION. (a) Except as provided by Subsection (b) or (c), a
742-18 mobile amusement ride on which a death occurs may not be operated.
742-19 (b) If a mobile amusement ride was in compliance with
742-20 Section 2151.101 when its operation was initially prohibited under
742-21 Subsection (a), a person may resume operating the mobile amusement
742-22 ride only after an insurance company insuring the amusement ride on
742-23 the date its operation was prohibited:
742-24 (1) reinspects the amusement ride in the same manner
742-25 required under Section 2151.101; and
742-26 (2) delivers to the commissioner or the commissioner's
742-27 designee a reinspection certificate:
743-1 (A) stating that the required reinspection has
743-2 occurred;
743-3 (B) stating that the amusement ride meets
743-4 coverage standards and is covered by insurance in compliance with
743-5 Section 2151.101; and
743-6 (C) explaining the necessary repairs, if any,
743-7 that have been made to the amusement ride after its operation was
743-8 prohibited.
743-9 (c) If a mobile amusement ride was not in compliance with
743-10 Section 2151.101 when its operation was initially prohibited under
743-11 Subsection (a), a person may resume operating the mobile amusement
743-12 ride only after the person subsequently complies with Section
743-13 2151.101.
743-14 Sec. 2151.1527. RELIEF FROM PROHIBITION ORDER. The owner or
743-15 operator of the amusement ride may file suit for relief from a
743-16 prohibition under Section 2151.1525 or 2151.1526 in a district
743-17 court in the county in which the amusement ride was located when
743-18 the prohibition against operation occurred.
743-19 (b) Sections 5 and 7, Chapter 1364, Acts of the 76th
743-20 Legislature, Regular Session, 1999, are repealed.
743-21 SECTION 14.706. (a) Section 2151.153, Occupations Code, is
743-22 amended to conform to Section 6, Chapter 1364, Acts of the 76th
743-23 Legislature, Regular Session, 1999, by amending Subsections (a) and
743-24 (c) and adding Subsection (e) to read as follows:
743-25 (a) A person commits an offense if the person fails to
743-26 comply with any requirement of:
743-27 (1) Section 2151.101, 2151.102, [and] 2151.103,
744-1 2151.1525(b), (c), or (d), or 2151.1526(a); or
744-2 (2) a rule adopted by the commissioner under Section
744-3 2151.1021 or 2151.105.
744-4 (c) An offense under this section is a Class B [C]
744-5 misdemeanor.
744-6 (e) The prosecuting attorney in a case in which a person is
744-7 convicted of an offense under this section shall report the offense
744-8 to the department not later than the 90th day after the date of the
744-9 conviction.
744-10 (b) Section 6, Chapter 1364, Acts of the 76th Legislature,
744-11 Regular Session, 1999, is repealed.
744-12 SECTION 14.707. Sections 49.01(5) and (6), Penal Code, are
744-13 amended to correct references to read as follows:
744-14 (5) "Amusement ride" has the meaning assigned by
744-15 Section 2151.002, Occupations Code [Section 2, Article 21.60,
744-16 Insurance Code].
744-17 (6) "Mobile amusement ride" has the meaning assigned
744-18 by Section 2151.002, Occupations Code [Section 2, Article 21.60,
744-19 Insurance Code].
744-20 SECTION 14.708. (a) Subchapter B, Chapter 2154, Occupations
744-21 Code, is amended to conform to Section 4, Chapter 1244, Acts of the
744-22 76th Legislature, Regular Session, 1999, by adding Section 2154.055
744-23 to read as follows:
744-24 Sec. 2154.055. FIREWORKS SAFETY AND EDUCATION PROGRAM. (a)
744-25 The commissioner shall establish a fireworks safety and education
744-26 program.
744-27 (b) The program:
745-1 (1) shall provide information relating to the proper
745-2 and safe use of fireworks and the dangers of the improper use of
745-3 fireworks; and
745-4 (2) may include any method of communicating the need
745-5 for safe use of fireworks and the dangers of improper use.
745-6 (c) The program shall be administered by the advisory
745-7 council established under Section 2154.054. The commissioner must
745-8 approve a program that the advisory council proposes to present.
745-9 (d) To fund the program, in addition to any other license or
745-10 permit fees:
745-11 (1) the holder of a retail permit issued under Section
745-12 2154.202 shall pay, on issuance or renewal of the permit, a fee in
745-13 the amount of $10; and
745-14 (2) the holder of a manufacturer's, distributor's, or
745-15 jobber's license issued under Section 2154.151, 2154.152, or
745-16 2154.153 shall pay, on issuance or renewal of the license, a fee in
745-17 the amount of $250.
745-18 (e) Money collected under Subsection (d) may be used only by
745-19 the commissioner for the purposes of this section.
745-20 (b) Section 4, Chapter 1244, Acts of the 76th Legislature,
745-21 Regular Session, 1999, is repealed.
745-22 SECTION 14.709. (a) Section 2154.303, Occupations Code, is
745-23 amended to conform to Section 1, Chapter 720, Acts of the 76th
745-24 Legislature, Regular Session, 1999, to read as follows:
745-25 Sec. 2154.303. PENALTIES. (a) A person commits an offense
745-26 if the person violates Section 2154.101(b), (c)(2), or (d),
745-27 2154.151(e), or 2154.201(a), (b)(2), or (c) or Subchapter F.
746-1 (b) Except as provided by Subsection (c), an [An] offense
746-2 under this section is a Class B misdemeanor.
746-3 (c) A violation of Section 2154.251(a)(1), (2), (3), (4), or
746-4 (5) that results in property damage in an amount of less than $200
746-5 and does not result in bodily injury or death is a Class C
746-6 misdemeanor.
746-7 (d) [(c)] Each day a violation occurs or continues
746-8 constitutes a separate offense.
746-9 (e) [(d)] Venue under this section is in the county in which
746-10 the offense is committed or in Travis County.
746-11 (f) [(e)] If the commissioner determines that a violation of
746-12 this chapter creates a threat to the public safety, the
746-13 commissioner may bring suit in the district court of the county in
746-14 which the person who committed the offense resides or has an office
746-15 to enjoin the person from engaging in the prohibited activity. The
746-16 commissioner is not required to give bond as a condition to the
746-17 issuance of injunctive relief.
746-18 (b) Section 1, Chapter 720, Acts of the 76th Legislature,
746-19 Regular Session, 1999, is repealed.
746-20 PART 21. CROSS-REFERENCE AND OTHER CONFORMING CHANGES
746-21 SECTION 14.721. Section 63.034, Agriculture Code, is amended
746-22 to read as follows:
746-23 Sec. 63.034. REFUSAL OR REVOCATION OF PERMIT. Following
746-24 notice and a hearing, the service may revoke, suspend, annul, or
746-25 amend an existing permit or may refuse to issue a permit if it
746-26 finds that the permittee or applicant has:
746-27 (1) been convicted of a crime for which a permit may
747-1 be revoked, suspended, annulled, amended, or refused under Chapter
747-2 53, Occupations Code [Article 6252-13c, Revised Statutes];
747-3 (2) refused or after notice failed to comply with this
747-4 chapter and rules adopted under this chapter; or
747-5 (3) used fraudulent or deceptive practices in
747-6 attempting evasion of this chapter or a rule adopted under this
747-7 chapter.
747-8 SECTION 14.722. Section 63.035, Agriculture Code, is amended
747-9 to read as follows:
747-10 Sec. 63.035. REFUSAL OR REVOCATION OF REGISTRATION.
747-11 Following notice and a hearing, the service may revoke, suspend,
747-12 annul, or amend an existing registration of or may refuse a
747-13 registration to a commercial fertilizer if the service finds that:
747-14 (1) the commercial fertilizer:
747-15 (A) is not in compliance with this chapter or a
747-16 rule adopted under this chapter; or
747-17 (B) contains a pesticide as defined by Chapter
747-18 76 of this code that has not been registered in accordance with
747-19 that chapter; or
747-20 (2) the registrant or applicant has:
747-21 (A) been convicted of a crime for which
747-22 registration may be revoked, suspended, annulled, amended, or
747-23 refused under Chapter 53, Occupations Code [Article 6252-13c,
747-24 Revised Statutes];
747-25 (B) refused or after notice failed to comply
747-26 with this chapter and rules adopted under this chapter; or
747-27 (C) used fraudulent or deceptive practices in
748-1 attempted evasion of this chapter or a rule adopted under this
748-2 chapter.
748-3 SECTION 14.723. Section 141.025, Agriculture Code, is amended
748-4 to read as follows:
748-5 Sec. 141.025. REFUSAL OR REVOCATION OF LICENSE. Following
748-6 notice and a hearing, the service may revoke, suspend, annul, or
748-7 amend an existing license or may refuse to issue a license if it
748-8 finds that the licensee or applicant has:
748-9 (1) been convicted of a crime for which a license may
748-10 be revoked, suspended, annulled, amended, or refused under Chapter
748-11 53, Occupations Code [Article 6252-13c, Revised Statutes];
748-12 (2) refused or after notice failed to comply with this
748-13 chapter and rules adopted under this chapter; or
748-14 (3) used fraudulent or deceptive practices in
748-15 attempting evasion of this chapter or a rule adopted under this
748-16 chapter.
748-17 SECTION 14.724. Section 5.07(d), Alcoholic Beverage Code, is
748-18 repealed because that section is obsolete.
748-19 SECTION 14.725. Section 11.61(e), Alcoholic Beverage Code, is
748-20 amended to read as follows:
748-21 (e) Except as provided by Subsection (f), the commission or
748-22 administrator shall cancel an original or renewal permit if it is
748-23 found, after notice and hearing, that the permittee knowingly
748-24 allowed a person to possess a firearm in a building on the licensed
748-25 premises. This subsection does not apply to a person:
748-26 (1) who holds a security officer commission issued
748-27 under Chapter 1702, Occupations Code [by the Texas Board of Private
749-1 Investigators and Private Security Agencies], if:
749-2 (A) the person is engaged in the performance of
749-3 the person's duties as a security officer;
749-4 (B) the person is wearing a distinctive uniform;
749-5 and
749-6 (C) the weapon is in plain view;
749-7 (2) who is a peace officer;
749-8 (3) who is a permittee or an employee of a permittee
749-9 if the person is supervising the operation of the premises; or
749-10 (4) who possesses a concealed handgun of the same
749-11 category the person is licensed to carry under Subchapter H,
749-12 Chapter 411, Government Code, unless the person is on the premises
749-13 of a business described by Section 46.035(b)(1), Penal Code.
749-14 SECTION 14.726. Section 61.71(f), Alcoholic Beverage Code, is
749-15 amended to read as follows:
749-16 (f) Except as provided by Subsection (g), the commission or
749-17 administrator shall cancel an original or renewal dealer's
749-18 on-premises or off-premises license if it is found, after notice
749-19 and hearing, that the licensee knowingly allowed a person to
749-20 possess a firearm in a building on the licensed premises. This
749-21 subsection does not apply to a person:
749-22 (1) who holds a security officer commission issued
749-23 under Chapter 1702, Occupations Code [by the Texas Board of Private
749-24 Investigators and Private Security Agencies], if:
749-25 (A) the person is engaged in the performance of
749-26 the person's duties as a security officer;
749-27 (B) the person is wearing a distinctive uniform;
750-1 and
750-2 (C) the weapon is in plain view;
750-3 (2) who is a peace officer;
750-4 (3) who is a licensee or an employee of a licensee if
750-5 the person is supervising the operation of the premises; or
750-6 (4) who possesses a concealed handgun of the same
750-7 category the person is licensed to carry under Subchapter H,
750-8 Chapter 411, Government Code, unless the person is on the premises
750-9 of a business described by Section 46.035(b)(1), Penal Code.
750-10 SECTION 14.727. Section 101.74(a), Alcoholic Beverage Code,
750-11 is amended to read as follows:
750-12 (a) An organization licensed to conduct bingo under Chapter
750-13 2001, Occupations Code, [the Bingo Enabling Act (Article 179d,
750-14 Vernon's Texas Civil Statutes)] may not offer an alcoholic beverage
750-15 as a bingo prize or as a door prize at a bingo occasion.
750-16 SECTION 14.728. Section 9.102(a)(20), Business & Commerce
750-17 Code, is amended to read as follows:
750-18 (20) "Consignment" means a transaction, regardless of
750-19 its form, in which a person delivers goods to a merchant for the
750-20 purpose of sale and:
750-21 (A) the merchant:
750-22 (i) deals in goods of that kind under a
750-23 name other than the name of the person making delivery;
750-24 (ii) is not an auctioneer; and
750-25 (iii) is not generally known by its
750-26 creditors to be substantially engaged in selling the goods of
750-27 others;
751-1 (B) with respect to each delivery, the aggregate
751-2 value of the goods is $1,000 or more at the time of delivery;
751-3 (C) the goods are not consumer goods immediately
751-4 before delivery;
751-5 (D) the transaction does not create a security
751-6 interest that secures an obligation; and
751-7 (E) the transaction does not involve delivery of
751-8 a work of art to an art dealer, as provided by Chapter 2101,
751-9 Occupations Code [the Artists' Consignment Act (Article 9018,
751-10 Vernon's Texas Civil Statutes)].
751-11 SECTION 14.729. Section 15.50(b), Business & Commerce Code,
751-12 is amended to read as follows:
751-13 (b) A covenant not to compete is enforceable against a
751-14 person licensed as a physician by the Texas State Board of Medical
751-15 Examiners if such covenant complies with the following
751-16 requirements:
751-17 (1) the covenant must:
751-18 (A) not deny the physician access to a list of
751-19 his patients whom he had seen or treated within one year of
751-20 termination of the contract or employment;
751-21 (B) provide access to medical records of the
751-22 physician's patients upon authorization of the patient and any
751-23 copies of medical records for a reasonable fee as established by
751-24 the Texas State Board of Medical Examiners under Section 159.008,
751-25 Occupations Code [5.08(o), Medical Practice Act (Article 4495b,
751-26 Vernon's Texas Civil Statutes)]; and
751-27 (C) provide that any access to a list of
752-1 patients or to patients' medical records after termination of the
752-2 contract or employment shall not require such list or records to be
752-3 provided in a format different than that by which such records are
752-4 maintained except by mutual consent of the parties to the contract;
752-5 (2) the covenant must provide for a buy out of the
752-6 covenant by the physician at a reasonable price or, at the option
752-7 of either party, as determined by a mutually agreed upon arbitrator
752-8 or, in the case of an inability [inabilility] to agree, an
752-9 arbitrator of the court whose decision shall be binding on the
752-10 parties; and
752-11 (3) the covenant must provide that the physician will
752-12 not be prohibited from providing continuing care and treatment to a
752-13 specific patient or patients during the course of an acute illness
752-14 even after the contract or employment has been terminated.
752-15 SECTION 14.730. Section 38.053, Business & Commerce Code, is
752-16 amended to read as follows:
752-17 Sec. 38.053. PERSONS OR ITEMS REGULATED BY OTHER LAW. This
752-18 chapter does not apply to:
752-19 (1) a person offering or selling a security that has
752-20 been qualified for sale under Section 7, The Securities Act
752-21 (Article 581-7, Vernon's Texas Civil Statutes), or that is subject
752-22 to an exemption under Section 5 or 6 of that Act;
752-23 (2) a publicly traded corporation registered with the
752-24 Securities and Exchange Commission or the State Securities Board,
752-25 or a subsidiary or agent of the corporation;
752-26 (3) a person licensed under the Insurance Code if the
752-27 solicited transaction is governed by the Insurance Code;
753-1 (4) a supervised financial institution or parent,
753-2 subsidiary, or affiliate of a supervised financial institution;
753-3 (5) a person or affiliate of a person whose business
753-4 is regulated by the Public Utility Commission of Texas, except that
753-5 this chapter applies to a person or affiliate of a person who is
753-6 regulated by the Public Utility Commission of Texas only with
753-7 respect to one or more automated dial announcing devices;
753-8 (6) a person subject to the control or licensing
753-9 regulations of the Federal Communications Commission;
753-10 (7) a person selling a contractual plan regulated by
753-11 the Federal Trade Commission trade regulation on use of negative
753-12 option plans by sellers in commerce under 16 C.F.R. Part 425;
753-13 (8) a person subject to the filing requirements of
753-14 Chapter 1803, Occupations Code [920, Acts of the 73rd Legislature,
753-15 Regular Session, 1993 (Article 9023c, Vernon's Texas Civil
753-16 Statutes)]; or
753-17 (9) a person soliciting a transaction regulated by the
753-18 Commodity Futures Trading Commission if the person is registered or
753-19 temporarily licensed for that activity with the Commodity Futures
753-20 Trading Commission under the Commodity Exchange Act (7 U.S.C.
753-21 Section 1 et seq.) and the registration or license has not expired
753-22 or been suspended or revoked.
753-23 SECTION 14.731. Section 81.001(2), Civil Practice and
753-24 Remedies Code, is amended to read as follows:
753-25 (2) "Mental health services provider" means an
753-26 individual, licensed or unlicensed, who performs or purports to
753-27 perform mental health services, including a:
754-1 (A) licensed social worker as defined by Section
754-2 505.002, Occupations [50.001, Human Resources] Code;
754-3 (B) chemical dependency counselor as defined by
754-4 Section 504.001, Occupations Code [1, Chapter 635, Acts of the 72nd
754-5 Legislature, Regular Session, 1991 (Article 4512o, Vernon's Texas
754-6 Civil Statutes)];
754-7 (C) licensed professional counselor as defined
754-8 by Section 503.002, Occupations Code [2, Licensed Professional
754-9 Counselor Act (Article 4512g, Vernon's Texas Civil Statutes)];
754-10 (D) licensed marriage and family therapist as
754-11 defined by Section 502.002, Occupations Code [2, Licensed Marriage
754-12 and Family Therapist Act (Article 4512c-1, Vernon's Texas Civil
754-13 Statutes)];
754-14 (E) member of the clergy;
754-15 (F) physician who is practicing medicine as
754-16 defined by Section 151.002, Occupations Code [1.03, Medical
754-17 Practice Act (Article 4495b, Vernon's Texas Civil Statutes)];
754-18 (G) psychologist offering psychological services
754-19 as defined by Section 501.003, Occupations Code [2, Psychologists'
754-20 Certification and Licensing Act (Article 4512c, Vernon's Texas
754-21 Civil Statutes)]; or
754-22 (H) special officer for mental health assignment
754-23 certified under Section 1701.404, Occupations [415.037, Government]
754-24 Code.
754-25 SECTION 14.732. Section 84.003(5), Civil Practice and
754-26 Remedies Code, is amended to read as follows:
754-27 (5) "Volunteer health care provider" means an
755-1 individual who voluntarily provides health care services without
755-2 compensation or expectation of compensation and who is:
755-3 (A) an individual who is licensed to practice
755-4 medicine under Subtitle B, Title 3, Occupations Code [the Medical
755-5 Practice Act (Article 4495b, Vernon's Texas Civil Statutes)];
755-6 (B) a retired physician who is eligible to
755-7 provide health care services, including a retired physician who is
755-8 licensed but exempt from paying the required annual registration
755-9 fee under Section 156.002, Occupations Code [3.01(g), Medical
755-10 Practice Act (Article 4495b, Vernon's Texas Civil Statutes)];
755-11 (C) a physician assistant licensed under Chapter
755-12 204, Occupations Code, [the Physician Assistant Licensing Act
755-13 (Article 4495b-1, Vernon's Texas Civil Statutes)] or a retired
755-14 physician assistant who is eligible to provide health care services
755-15 under the law of this state;
755-16 (D) a registered nurse, including an advanced
755-17 nurse practitioner, licensed under Chapter 301, Occupations Code
755-18 [7, Title 71, Revised Statutes], or a retired registered nurse,
755-19 including a retired advanced nurse practitioner, who is eligible to
755-20 provide health care services under the law of this state;
755-21 (E) a licensed vocational nurse licensed under
755-22 Chapter 302, Occupations Code [118, Acts of the 52nd Legislature,
755-23 Regular Session, 1951 (Article 4528c, Vernon's Texas Civil
755-24 Statutes)], or a retired licensed vocational nurse who is eligible
755-25 to provide health care services under the law of this state;
755-26 (F) a pharmacist licensed under Subtitle J,
755-27 Title 3, Occupations Code, [the Texas Pharmacy Act (Article
756-1 4542a-1, Vernon's Texas Civil Statutes)] or a retired pharmacist
756-2 who is eligible to provide health care services under the law of
756-3 this state;
756-4 (G) a podiatrist licensed under Chapter 202,
756-5 Occupations Code [11, Title 71, Revised Statutes], or a retired
756-6 podiatrist who is eligible to provide health care services under
756-7 the law of this state;
756-8 (H) a dentist licensed under Subtitle D, Title
756-9 3, Occupations Code, [the Dental Practice Act (Chapter 9, Title 71,
756-10 Revised Statutes)] or a retired dentist who is eligible to provide
756-11 health care services under the law of this state;
756-12 (I) a dental hygienist licensed under Subtitle
756-13 D, Title 3, Occupations Code [Chapter 475, Acts of the 52nd
756-14 Legislature, Regular Session, 1951 (Article 4551e, Vernon's Texas
756-15 Civil Statutes)], or a retired dental hygienist who is eligible to
756-16 provide health care services under the law of this state; or
756-17 (J) an optometrist or therapeutic optometrist
756-18 licensed under Chapter 351, Occupations Code, [the Texas Optometry
756-19 Act (Article 4552-1.01 et seq., Vernon's Texas Civil Statutes)] or
756-20 a retired optometrist or therapeutic optometrist who is eligible to
756-21 provide health care services under the law of this state.
756-22 SECTION 14.733. Article 23.05(b), Code of Criminal Procedure,
756-23 is amended to read as follows:
756-24 (b) A capias issued under this article may be executed by a
756-25 peace officer or by a private investigator licensed under Chapter
756-26 1702, Occupations Code [the Private Investigators and Private
756-27 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
757-1 Statutes)].
757-2 SECTION 14.734. Article 26.05(f), Code of Criminal Procedure,
757-3 is amended to read as follows:
757-4 (f) Reimbursement of expenses incurred for purposes of
757-5 investigation or expert testimony may be paid directly to a private
757-6 investigator licensed under Chapter 1702, Occupations Code, [the
757-7 Private Investigators and Private Security Agencies Act (Article
757-8 4413(29bb), Vernon's Texas Civil Statutes)] or to an expert witness
757-9 in the manner designated by appointed counsel and approved by the
757-10 court.
757-11 SECTION 14.735. Article 26.052(l), Code of Criminal
757-12 Procedure, is amended to read as follows:
757-13 (l) An attorney appointed under this article to represent a
757-14 defendant at trial or on direct appeal is compensated as provided
757-15 by Article 26.05 from county funds. Advance payment of expenses
757-16 anticipated or reimbursement of expenses incurred for purposes of
757-17 investigation or expert testimony may be paid directly to a private
757-18 investigator licensed under Chapter 1702, Occupations Code, [the
757-19 Private Investigators and Private Security Agencies Act (Article
757-20 4413(29bb), Vernon's Texas Civil Statutes)] or to an expert witness
757-21 in the manner designated by appointed counsel and approved by the
757-22 court.
757-23 SECTION 14.736. Section 1(a), Article 46.04, Code of Criminal
757-24 Procedure, as added by Chapter 1512, Acts of the 76th Legislature,
757-25 Regular Session, 1999, is amended to read as follows:
757-26 (a) A patient transported from a jail or detention facility
757-27 to a mental health facility or a residential care facility shall be
758-1 transported by a special officer for mental health assignment
758-2 certified under Section 1701.404, Occupations [415.037, Government]
758-3 Code, or by a sheriff or constable.
758-4 SECTION 14.737. Article 49.01(5), Code of Criminal Procedure,
758-5 is amended to read as follows:
758-6 (5) "Physician" means a practicing doctor of medicine
758-7 or doctor of osteopathic medicine who is licensed by the Texas
758-8 State Board of Medical Examiners under Subtitle B, Title 3,
758-9 Occupations Code [the Medical Practice Act (Article 4495b, Vernon's
758-10 Texas Civil Statutes)].
758-11 SECTION 14.738. Section 61.601(1), Education Code, is amended
758-12 to read as follows:
758-13 (1) "Physical therapist" means a person licensed under
758-14 Chapter 453, Occupations Code [836, Acts of the 62nd Legislature,
758-15 Regular Session, 1971 (Article 4512e, Vernon's Texas Civil
758-16 Statutes)].
758-17 SECTION 14.739. Section 61.851, Education Code, as added by
758-18 Chapter 1243, Acts of the 76th Legislature, Regular Session, 1999,
758-19 and renumbered as Section 61.921, Education Code, by Article 21 of
758-20 this Act, is amended by amending Subdivisions (1), (2), (4), (5),
758-21 (6), and (9) to read as follows:
758-22 (1) "College of pharmacy" means a college, school, or
758-23 university of pharmacy in this state that has an accredited
758-24 pharmacy degree program approved by the Texas State Board of
758-25 Pharmacy as provided by Subtitle J, Title 3, Occupations Code [the
758-26 Texas Pharmacy Act (Article 4542a-1, Vernon's Texas Civil
758-27 Statutes)].
759-1 (2) "Community pharmacy" means a pharmacy that holds a
759-2 Class A pharmacy license or a community pharmacy license as those
759-3 terms are defined by Section 551.003, Occupations Code [5, Texas
759-4 Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes)].
759-5 (4) "Institutional pharmacy" means a pharmacy that
759-6 holds a Class C pharmacy license or an institutional pharmacy
759-7 license as those terms are defined by Section 551.003, Occupations
759-8 Code [5, Texas Pharmacy Act (Article 4542a-1, Vernon's Texas Civil
759-9 Statutes)].
759-10 (5) "Nuclear pharmacy" means a pharmacy that holds a
759-11 Class B pharmacy license or a nuclear pharmacy license as those
759-12 terms are defined by Section 551.003, Occupations Code [5, Texas
759-13 Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes)].
759-14 (6) "Pharmacy residency program" means a postgraduate
759-15 residency program approved by the Texas State Board of Pharmacy as
759-16 provided by Subtitle J, Title 3, Occupations Code [the Texas
759-17 Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes)].
759-18 (9) "Resident pharmacist" means a person who:
759-19 (A) has received a professional practice degree
759-20 from an accredited pharmacy degree program approved by the Texas
759-21 State Board of Pharmacy as provided by Subtitle J, Title 3,
759-22 Occupations Code [the Texas Pharmacy Act (Article 4542a-1, Vernon's
759-23 Texas Civil Statutes)];
759-24 (B) is licensed to practice pharmacy by the
759-25 Texas State Board of Pharmacy; and
759-26 (C) is appointed to a resident pharmacist
759-27 position by a college of pharmacy.
760-1 SECTION 14.740. Section 96.641(f), Education Code, is amended
760-2 to read as follows:
760-3 (f) An individual who is subject to the continuing education
760-4 requirements of Subsection (b) is exempt from other continuing
760-5 education requirements under Subchapter H, Chapter 1701,
760-6 Occupations [Section 415.034, Government] Code.
760-7 SECTION 14.741. Section 33.002(f), Family Code, is amended to
760-8 read as follows:
760-9 (f) A certification required by Subsection (a)(4) is
760-10 confidential and privileged and is not subject to disclosure under
760-11 Chapter 552, Government Code, or to discovery, subpoena, or other
760-12 legal process. Personal or identifying information about the
760-13 minor, including her name, address, or social security number, may
760-14 not be included in a certification under Subsection (a)(4). The
760-15 physician must keep the medical records on the minor in compliance
760-16 with the rules adopted by the Texas State Board of Medical
760-17 Examiners under Section 153.003, Occupations Code [5.085, Medical
760-18 Practice Act (Article 4495b, Vernon's Texas Civil Statutes)].
760-19 SECTION 14.742. Section 33.003(f), Family Code, is amended to
760-20 read as follows:
760-21 (f) The court may appoint to serve as guardian ad litem:
760-22 (1) a person who may consent to treatment for the
760-23 minor under Sections 32.001(a)(1)-(3);
760-24 (2) a psychiatrist or an individual licensed or
760-25 certified as a psychologist under Chapter 501, Occupations Code
760-26 [the Psychologists' Licensing Act (Article 4512c, Vernon's Texas
760-27 Civil Statutes)];
761-1 (3) an appropriate employee of the Department of
761-2 Protective and Regulatory Services;
761-3 (4) a member of the clergy; or
761-4 (5) another appropriate person selected by the court.
761-5 SECTION 14.743. Section 54.0405(d), Family Code, is amended
761-6 to read as follows:
761-7 (d) A polygraph examination required as a condition of
761-8 probation under Subsection (a) must be administered by an
761-9 individual who is:
761-10 (1) specified by the local juvenile probation
761-11 department supervising the child; and
761-12 (2) licensed as a polygraph examiner under Chapter
761-13 1703, Occupations Code [the Polygraph Examiners Act (Article
761-14 4413(29cc), Vernon's Texas Civil Statutes)].
761-15 SECTION 14.744. Section 232.002, Family Code, as amended by
761-16 Section 4, Chapter 1254, and Section 23, Chapter 1477, Acts of the
761-17 76th Legislature, Regular Session, 1999, is reenacted and amended
761-18 to conform to Section 5, Chapter 974, Acts of the 76th Legislature,
761-19 Regular Session, 1999, to read as follows:
761-20 Sec. 232.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. The
761-21 following are licensing authorities subject to this chapter:
761-22 (1) Department of Agriculture;
761-23 (2) Texas Commission on Alcohol and Drug Abuse;
761-24 (3) Texas Alcoholic Beverage Commission;
761-25 (4) Texas Appraiser Licensing and Certification Board;
761-26 (5) Texas Board of Architectural Examiners;
761-27 (6) State Board of Barber Examiners;
762-1 (7) Texas Board of Chiropractic Examiners;
762-2 (8) Comptroller of Public Accounts;
762-3 (9) Texas Cosmetology Commission;
762-4 (10) Court Reporters Certification Board;
762-5 (11) State Board of Dental Examiners;
762-6 (12) Texas State Board of Examiners of Dietitians;
762-7 (13) Texas Funeral Service Commission;
762-8 (14) Texas Department of Health;
762-9 (15) Texas Department of Human Services;
762-10 (16) Texas Board of Professional Land Surveying;
762-11 (17) Texas Department of Licensing and Regulation;
762-12 (18) Texas State Board of Examiners of Marriage and
762-13 Family Therapists;
762-14 (19) Texas State Board of Medical Examiners;
762-15 (20) Midwifery Board;
762-16 (21) Texas Natural Resource Conservation Commission;
762-17 (22) Board of Nurse Examiners;
762-18 (23) Texas Board of Occupational Therapy Examiners;
762-19 (24) Texas Optometry Board;
762-20 (25) Parks and Wildlife Department;
762-21 (26) Texas State Board of Examiners of Perfusionists;
762-22 (27) Texas State Board of Pharmacy;
762-23 (28) Texas Board of Physical Therapy Examiners;
762-24 (29) Texas State Board of Plumbing Examiners;
762-25 (30) Texas State Board of Podiatric Medical Examiners;
762-26 (31) Polygraph Examiners Board;
762-27 (32) Texas Commission on [Board of] Private
763-1 [Investigators and Private] Security [Agencies];
763-2 (33) Texas State Board of Examiners of Professional
763-3 Counselors;
763-4 (34) Texas Board of Professional Engineers;
763-5 (35) Department of Protective and Regulatory Services;
763-6 (36) Texas State Board of Examiners of Psychologists;
763-7 (37) Texas State Board of Public Accountancy;
763-8 (38) Department of Public Safety of the State of
763-9 Texas;
763-10 (39) Public Utility Commission of Texas;
763-11 (40) Railroad Commission of Texas;
763-12 (41) Texas Real Estate Commission;
763-13 (42) State Bar of Texas;
763-14 (43) Texas State Board of Social Worker Examiners;
763-15 (44) State Board of Examiners for Speech-Language
763-16 Pathology and Audiology;
763-17 (45) Texas Structural Pest Control Board;
763-18 (46) Board of Tax Professional Examiners;
763-19 (47) Secretary of State;
763-20 (48) Supreme Court of Texas;
763-21 (49) Texas Transportation Commission;
763-22 (50) State Board of Veterinary Medical Examiners;
763-23 (51) Board of Vocational Nurse Examiners;
763-24 (52) Texas Ethics Commission;
763-25 (53) Advisory Board of Athletic Trainers;
763-26 (54) State Committee of Examiners in the Fitting and
763-27 Dispensing of Hearing Instruments;
764-1 (55) Texas Board of Licensure for Professional Medical
764-2 Physicists;
764-3 (56) Texas Department of Insurance;
764-4 (57) Texas Board of Orthotics and Prosthetics; [and]
764-5 (58) savings and loan commissioner; and[.]
764-6 (59) [(58)] Texas Juvenile Probation Commission.
764-7 SECTION 14.745. Section 153.117(e), Finance Code, is amended
764-8 to read as follows:
764-9 (e) A person engaged in the business of currency
764-10 transportation who is both a registered motor carrier under Chapter
764-11 643, Transportation Code, and a licensed armored car company or
764-12 courier company under Chapter 1702, Occupations Code [the Private
764-13 Investigators and Private Security Agencies Act (Article
764-14 4413(29bb), Vernon's Texas Civil Statutes)], is not required to be
764-15 licensed under this chapter. This exemption does not authorize the
764-16 person to engage in the business of currency exchange or
764-17 transmission without a license issued under this chapter.
764-18 SECTION 14.746. Sections 156.204(a) and (c), Finance Code,
764-19 are amended to read as follows:
764-20 (a) To be eligible to be licensed as a mortgage broker a
764-21 person must:
764-22 (1) be an individual who is at least 18 years of age;
764-23 (2) be a citizen of the United States or a lawfully
764-24 admitted alien;
764-25 (3) maintain a physical office in this state and
764-26 designate that office in the application;
764-27 (4) provide the commissioner with satisfactory
765-1 evidence that the applicant satisfies one of the following:
765-2 (A) the person has received a bachelor's degree
765-3 in an area relating to finance, banking, or business administration
765-4 from an accredited college or university and has 18 months of
765-5 experience in the mortgage or lending field as evidenced by
765-6 documentary proof of full-time employment as a mortgage broker or
765-7 loan officer with a mortgage broker or a person exempt under
765-8 Section 156.202;
765-9 (B) the person is licensed in this state as:
765-10 (i) an active real estate broker under The
765-11 Real Estate License Act (Article 6573a, Vernon's Texas Civil
765-12 Statutes);
765-13 (ii) an active attorney; or
765-14 (iii) a local recording agent or insurance
765-15 solicitor or agent for a legal reserve life insurance company under
765-16 Chapter 21, Insurance Code, or holds an equivalent license under
765-17 Chapter 21, Insurance Code; or
765-18 (C) the person has three years of experience in
765-19 the mortgage lending field as evidenced by documentary proof of
765-20 full-time employment as a loan officer with a mortgage broker or a
765-21 person exempt under Section 156.202;
765-22 (5) demonstrate evidence of compliance with the
765-23 financial requirements of this chapter; and
765-24 (6) not have been convicted of a criminal offense that
765-25 the commissioner determines directly relates to the occupation of a
765-26 mortgage broker under Chapter 53, Occupations Code [Article
765-27 6252-13c, Revised Statutes].
766-1 (c) To be eligible to be licensed as a loan officer a person
766-2 must:
766-3 (1) be an individual who is at least 18 years of age;
766-4 (2) be a citizen of the United States or a lawfully
766-5 admitted alien;
766-6 (3) designate in the application the name of the
766-7 mortgage broker sponsoring the loan officer;
766-8 (4) provide the commissioner with satisfactory
766-9 evidence that the applicant satisfies one of the following:
766-10 (A) the person meets one of the requirements
766-11 described by Subsection (a)(4);
766-12 (B) the person has successfully completed 15
766-13 hours of education courses approved by the commissioner under this
766-14 section;
766-15 (C) the person has 18 months of experience as a
766-16 loan officer as evidenced by documentary proof of full-time
766-17 employment as a loan officer with a mortgage broker or a person
766-18 exempt under Section 156.202; or
766-19 (D) for applications received prior to January
766-20 1, 2000, the mortgage broker that will sponsor the applicant
766-21 provides a certification under oath that the applicant has been
766-22 provided necessary and appropriate education and training regarding
766-23 all applicable state and federal law and regulations relating to
766-24 mortgage loans; and
766-25 (5) not have been convicted of a criminal offense that
766-26 the commissioner determines directly relates to the occupation of a
766-27 loan officer under Chapter 53, Occupations Code [Article 6252-13c,
767-1 Revised Statutes].
767-2 SECTION 14.747. Sections 156.208(a) and (b), Finance Code,
767-3 are amended to read as follows:
767-4 (a) A mortgage broker license issued under this chapter is
767-5 valid for two years and may be renewed on or before its expiration
767-6 date if the mortgage broker:
767-7 (1) pays to the commissioner a renewal fee in an
767-8 amount determined by the commissioner not to exceed $375 and a
767-9 recovery fund fee provided by Section 156.502;
767-10 (2) has not been convicted of a felony the
767-11 commissioner determines is directly related to the occupation of a
767-12 mortgage broker under Chapter 53, Occupations Code [Article
767-13 6252-13c, Revised Statutes]; and
767-14 (3) provides the commissioner with satisfactory
767-15 evidence that the mortgage broker:
767-16 (A) has attended, during the term of the current
767-17 license, 15 hours of continuing education courses that the
767-18 commissioner, in accordance with the rules adopted under this
767-19 section, has approved as continuing education courses; or
767-20 (B) maintains an active license in this state
767-21 as:
767-22 (i) a real estate broker;
767-23 (ii) a real estate salesperson;
767-24 (iii) an attorney; or
767-25 (iv) a local recording agent or insurance
767-26 solicitor or agent for a legal reserve life insurance company under
767-27 Chapter 21, Insurance Code, or an equivalent license under Chapter
768-1 21, Insurance Code.
768-2 (b) A loan officer license issued under this chapter is
768-3 valid for two years and may be renewed on or before its expiration
768-4 date if the loan officer:
768-5 (1) pays to the commissioner a renewal fee in an
768-6 amount determined by the commissioner not to exceed $175 and a
768-7 recovery fund fee provided by Section 156.502;
768-8 (2) has not been convicted of a felony the
768-9 commissioner determines is directly related to the occupation of a
768-10 loan officer under Chapter 53, Occupations Code [Article 6252-13c,
768-11 Revised Statutes]; and
768-12 (3) provides the commissioner with satisfactory
768-13 evidence that the loan officer:
768-14 (A) has attended, during the term of the current
768-15 license, 15 hours of continuing education courses that the
768-16 commissioner, in accordance with the rules adopted under this
768-17 section, has approved as continuing education courses, including
768-18 courses provided by or through the licensed mortgage broker with
768-19 whom the loan officer is associated after submission to and
768-20 approval by the commission; or
768-21 (B) maintains an active license in this state
768-22 as:
768-23 (i) a real estate broker;
768-24 (ii) a real estate salesperson;
768-25 (iii) an attorney; or
768-26 (iv) a local recording agent or insurance
768-27 solicitor or agent for a legal reserve life insurance company under
769-1 Chapter 21, Insurance Code, or an equivalent license under Chapter
769-2 21, Insurance Code.
769-3 SECTION 14.748. Section 371.052(c), Finance Code, is amended
769-4 to read as follows:
769-5 (c) For purposes of a disqualification under Chapter 53,
769-6 Occupations Code [Article 6252-13c, Revised Statutes], the
769-7 commissioner is a licensing authority.
769-8 SECTION 14.749. Section 371.102(b), Finance Code, is amended
769-9 to read as follows:
769-10 (b) For purposes of a disqualification under Chapter 53,
769-11 Occupations Code [Article 6252-13c, Revised Statutes], the
769-12 commissioner is a licensing authority.
769-13 SECTION 14.750. Section 404.073(c), Government Code, is
769-14 amended to read as follows:
769-15 (c) Interest that has been and that will be accrued or
769-16 earned from deposits made under a law to which this subsection
769-17 applies is state funds not subject to allocation or distribution to
769-18 taxing units, cities, or transportation authorities under that law.
769-19 This subsection applies to:
769-20 (1) Section 205.02, Alcoholic Beverage Code;
769-21 (2) Section 2001.507, Occupations Code [26, Bingo
769-22 Enabling Act (Article 179d, Vernon's Texas Civil Statutes)];
769-23 (3) Section 403.105(d) of this code;
769-24 (4) Sections 321.501 and 321.504, Tax Code;
769-25 (5) Sections 322.301 and 322.304, Tax Code; and
769-26 (6) Sections 323.501 and 323.504, Tax Code.
769-27 SECTION 14.751. Section 411.042(b), Government Code, is
770-1 amended to read as follows:
770-2 (b) The bureau of identification and records shall:
770-3 (1) procure and file for record photographs, pictures,
770-4 descriptions, fingerprints, measurements, and other pertinent
770-5 information of all persons arrested for or charged with a criminal
770-6 offense or convicted of a criminal offense, regardless of whether
770-7 the conviction is probated;
770-8 (2) collect information concerning the number and
770-9 nature of offenses reported or known to have been committed in the
770-10 state and the legal steps taken in connection with the offenses,
770-11 and other information useful in the study of crime and the
770-12 administration of justice, including a statistical breakdown of
770-13 those offenses in which family violence was involved;
770-14 (3) make ballistic tests of bullets and firearms and
770-15 chemical analyses of bloodstains, cloth, materials, and other
770-16 substances for law enforcement officers of the state;
770-17 (4) cooperate with identification and crime records
770-18 bureaus in other states and the United States Department of
770-19 Justice;
770-20 (5) maintain a list of all previous background checks
770-21 for applicants for any position regulated under Chapter 1702,
770-22 Occupations Code, [the Private Investigators and Private Security
770-23 Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes)]
770-24 who have undergone a criminal history background check under
770-25 Section 411.119, if the check indicates a Class B misdemeanor or
770-26 equivalent offense or a greater offense; and
770-27 (6) collect information concerning the number and
771-1 nature of protective orders and all other pertinent information
771-2 about all persons on active protective orders. Information in the
771-3 law enforcement information system relating to an active protective
771-4 order shall include:
771-5 (A) the name, sex, race, date of birth, personal
771-6 descriptors, address, and county of residence of the person to whom
771-7 the order is directed;
771-8 (B) any known identifying number of the person
771-9 to whom the order is directed, including the person's social
771-10 security number or driver's license number;
771-11 (C) the name and county of residence of the
771-12 person protected by the order;
771-13 (D) the residence address and place of
771-14 employment or business of the person protected by the order, unless
771-15 that information is excluded from the order under Section 85.007,
771-16 Family Code;
771-17 (E) the child-care facility or school where a
771-18 child protected by the order normally resides or which the child
771-19 normally attends, unless that information is excluded from the
771-20 order under Section 85.007, Family Code;
771-21 (F) the relationship or former relationship
771-22 between the person who is protected by the order and the person to
771-23 whom the order is directed; and
771-24 (G) the date the order expires.
771-25 SECTION 14.752. Section 411.091(a), Government Code, is
771-26 amended to eliminate obsolete provisions to read as follows:
771-27 (a) The Texas Alcoholic Beverage Commission is entitled to
772-1 obtain from the department criminal history record information
772-2 maintained by the department that[:]
772-3 [(1)] the commission believes is necessary for the
772-4 enforcement or administration of the Alcoholic Beverage Code[; or]
772-5 [(2) pertains to a person who, under the Bingo
772-6 Enabling Act (Article 179d, Vernon's Texas Civil Statutes), is:]
772-7 [(A) an operator or an applicant to act as an
772-8 operator of bingo occasions;]
772-9 [(B) an officer of an organization that applies
772-10 for or holds a license to conduct bingo;]
772-11 [(C) a person who works at or will work at
772-12 proposed bingo games;]
772-13 [(D) an applicant for a license to act or a
772-14 person who holds a license to act as a commercial lessor,
772-15 manufacturer, or distributor;]
772-16 [(E) a spouse of or a person related in the
772-17 first degree by consanguinity or affinity, as determined under
772-18 Chapter 573, to:]
772-19 [(i) a person who has a greater than 10
772-20 percent proprietary, equitable, or credit interest; or]
772-21 [(ii) a person who is an employee of or is
772-22 active in a firm or corporation applying for a license to act or a
772-23 person who holds a license to act as a commercial lessor,
772-24 manufacturer, or distributor; or]
772-25 [(F) a person required to be named in an
772-26 application for a license to act or a person who holds a license to
772-27 act as a commercial lessor, manufacturer, or distributor].
773-1 SECTION 14.753. Section 411.091(c), Government Code, is
773-2 repealed because that subsection is obsolete.
773-3 SECTION 14.754. Section 411.099, Government Code, is amended
773-4 to read as follows:
773-5 Sec. 411.099. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
773-6 TEXAS STATE BOARD OF MEDICAL EXAMINERS. The Texas State Board of
773-7 Medical Examiners is entitled to obtain from the department
773-8 criminal history record information maintained by the department
773-9 that relates to a person who is:
773-10 (1) an applicant for a license under Subtitle B, Title
773-11 3, Occupations Code [the Medical Practice Act (Article 4495b,
773-12 Vernon's Texas Civil Statutes)]; or
773-13 (2) the holder of a license under that subtitle [Act].
773-14 SECTION 14.755. Section 411.1105(a), Government Code, is
773-15 amended to read as follows:
773-16 (a) The Texas Commission on Alcohol and Drug Abuse is
773-17 entitled to obtain from the department criminal history record
773-18 information maintained by the department that relates to a person
773-19 who is:
773-20 (1) an applicant for a chemical dependency counselor's
773-21 license under Chapter 504, Occupations Code [635, Acts of the 72nd
773-22 Legislature, Regular Session, 1991 (Article 4512o, Vernon's Texas
773-23 Civil Statutes)]; or
773-24 (2) the holder of a license under that chapter [Act].
773-25 SECTION 14.756. Section 411.119, Government Code, is amended
773-26 to more accurately reflect the law from which it was derived to
773-27 read as follows:
774-1 Sec. 411.119. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
774-2 TEXAS COMMISSION ON PRIVATE SECURITY. The Texas Commission on
774-3 Private Security is entitled to obtain from the department criminal
774-4 history record information maintained by the department, including
774-5 information maintained under Section 411.042(b)(5), that relates
774-6 to:
774-7 (1) an applicant for a license, registration, security
774-8 officer commission, letter of approval, permit, or handgun
774-9 instructor certification under Chapter 1702, Occupations Code; or
774-10 (2) a person who holds a license, registration,
774-11 security officer commission, letter of approval, permit, or handgun
774-12 instructor certification under Chapter 1702, Occupations Code [that
774-13 chapter; or]
774-14 [(3) a license holder regulated under that chapter].
774-15 SECTION 14.757. Sections 411.122(a) and (c), Government Code,
774-16 are amended to read as follows:
774-17 (a) Except as provided by Subsection (c)(2), an agency of
774-18 this state or a political subdivision of this state covered by
774-19 Chapter 53, Occupations Code [Article 6252-13c, Revised Statutes],
774-20 that licenses or regulates members of a particular trade,
774-21 occupation, business, vocation, or profession is entitled to obtain
774-22 from the department criminal history record information maintained
774-23 by the department that relates to a person who is:
774-24 (1) an applicant for a license from the agency; or
774-25 (2) the holder of a license from the agency.
774-26 (c) This section does not apply to an agency that is:
774-27 (1) specifically authorized by this subchapter to
775-1 obtain criminal history record information from the department; or
775-2 (2) covered by Section 53.002, Occupations Code [2,
775-3 Article 6252-13c, Revised Statutes].
775-4 SECTION 14.758. Section 411.190(a), Government Code, is
775-5 amended to read as follows:
775-6 (a) The director may certify as a qualified handgun
775-7 instructor a person who:
775-8 (1) is certified by the Commission on Law Enforcement
775-9 Officer Standards and Education or under Chapter 1702, Occupations
775-10 Code, [the Texas Board of Private Investigators and Private
775-11 Security Agencies] to instruct others in the use of handguns;
775-12 (2) regularly instructs others in the use of handguns
775-13 and has graduated from a handgun instructor school that uses a
775-14 nationally accepted course designed to train persons as handgun
775-15 instructors; or
775-16 (3) is certified by the National Rifle Association of
775-17 America as a handgun instructor.
775-18 SECTION 14.759. Section 411.200, Government Code, is amended
775-19 to read as follows:
775-20 Sec. 411.200. APPLICATION TO LICENSED SECURITY OFFICERS.
775-21 This subchapter does not exempt a license holder who is also
775-22 employed as a security officer and licensed under Chapter 1702,
775-23 Occupations Code, [the Private Investigators and Private Security
775-24 Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes)]
775-25 from the duty to comply with Chapter 1702, Occupations Code, [that
775-26 Act] or Section 46.02, Penal Code.
775-27 SECTION 14.760. Section 466.155(a), Government Code, is
776-1 amended to read as follows:
776-2 (a) After a hearing, the director shall deny an application
776-3 for a license or the commission shall suspend or revoke a license
776-4 if the director or commission, as applicable, finds that the
776-5 applicant or sales agent:
776-6 (1) is an individual who:
776-7 (A) has been convicted of a felony, criminal
776-8 fraud, gambling or a gambling-related offense, or a misdemeanor
776-9 involving moral turpitude, if less than 10 years has elapsed since
776-10 the termination of the sentence, parole, mandatory supervision, or
776-11 probation served for the offense;
776-12 (B) is or has been a professional gambler;
776-13 (C) is married to an individual:
776-14 (i) described in Paragraph (A) or (B); or
776-15 (ii) who is currently delinquent in the
776-16 payment of any state tax;
776-17 (D) is an officer or employee of the commission
776-18 or a lottery operator; or
776-19 (E) is a spouse, child, brother, sister, or
776-20 parent residing as a member of the same household in the principal
776-21 place of residence of a person described by Paragraph (D);
776-22 (2) is not an individual, and an individual described
776-23 in Subdivision (1):
776-24 (A) is an officer or director of the applicant
776-25 or sales agent;
776-26 (B) holds more than 10 percent of the stock in
776-27 the applicant or sales agent;
777-1 (C) holds an equitable interest greater than 10
777-2 percent in the applicant or sales agent;
777-3 (D) is a creditor of the applicant or sales
777-4 agent who holds more than 10 percent of the applicant's or sales
777-5 agent's outstanding debt;
777-6 (E) is the owner or lessee of a business that
777-7 the applicant or sales agent conducts or through which the
777-8 applicant will conduct a ticket sales agency;
777-9 (F) shares or will share in the profits, other
777-10 than stock dividends, of the applicant or sales agent; or
777-11 (G) participates in managing the affairs of the
777-12 applicant or sales agent;
777-13 (3) is currently delinquent in the payment of any
777-14 state tax;
777-15 (4) is a person whose location for the sales agency
777-16 is:
777-17 (A) a location licensed for games of bingo under
777-18 Chapter 2001, Occupations Code [the Bingo Enabling Act (Article
777-19 179d, Vernon's Texas Civil Statutes)];
777-20 (B) on land that is owned by:
777-21 (i) this state; or
777-22 (ii) a political subdivision of this state
777-23 and on which is located a public primary or secondary school, an
777-24 institution of higher education, or an agency of the state; or
777-25 (C) a location for which a person holds a wine
777-26 and beer retailer's permit, mixed beverage permit, mixed beverage
777-27 late hours permit, private club registration permit, or private
778-1 club late hours permit issued under Chapter 25, 28, 29, 32, or 33,
778-2 Alcoholic Beverage Code; or
778-3 (5) has violated this chapter or a rule adopted under
778-4 this chapter.
778-5 SECTION 14.761. Section 466.303(b), Government Code, is
778-6 amended to read as follows:
778-7 (b) A lottery operator may sell tickets to a sales agent. A
778-8 person who is not a sales agent may distribute tickets as premiums
778-9 to customers, employees, or other persons who deal with the person
778-10 if no purchase is required to entitle the recipient to the ticket.
778-11 A qualified organization as defined in Section 2002.002,
778-12 Occupations Code [2, Charitable Raffle Enabling Act (Article 179f,
778-13 Revised Statutes, as added by Chapter 957, Acts of the 71st
778-14 Legislature, Regular Session, 1989)], may distribute tickets as a
778-15 prize in a raffle authorized by Chapter 2002, Occupations Code
778-16 [that Act].
778-17 SECTION 14.762. Sections 467.101(a) and (c), Government Code,
778-18 are amended to read as follows:
778-19 (a) The commission has broad authority and shall exercise
778-20 strict control and close supervision over all activities authorized
778-21 and conducted in this state under:
778-22 (1) Chapter 2001, Occupations Code [the Bingo Enabling
778-23 Act (Article 179d, Vernon's Texas Civil Statutes)]; and
778-24 (2) Chapter 466 of this code.
778-25 (c) The commission also has the powers and duties granted
778-26 under:
778-27 (1) Chapter 2001, Occupations Code [the Bingo Enabling
779-1 Act (Article 179d, Vernon's Texas Civil Statutes)]; and
779-2 (2) Chapter 466 of this code.
779-3 SECTION 14.763. Section 501.053(a), Government Code, is
779-4 amended to read as follows:
779-5 (a) If the department receives an allegation that a
779-6 physician employed or under contract with the department has
779-7 committed an action that constitutes a ground for the denial or
779-8 revocation of the physician's license under Section 164.051,
779-9 Occupations Code [3.08, Medical Practice Act (Article 4495b,
779-10 Vernon's Texas Civil Statutes)], the department shall report the
779-11 information to the Texas State Board of Medical Examiners in the
779-12 manner provided by Section 154.051, Occupations Code [4.02 of that
779-13 Act].
779-14 SECTION 14.764. Section 511.0092(i), Government Code, is
779-15 amended to read as follows:
779-16 (i) Chapter 1702, Occupations Code, [The Private
779-17 Investigators and Private Security Agencies Act (Article
779-18 4413(29bb), Vernon's Texas Civil Statutes)] does not apply to an
779-19 employee of a facility in the actual discharge of duties as an
779-20 employee of the facility if the employee is required by Subsection
779-21 (f)(2) or by Section 1701.406, Occupations Code, [415.0541] to
779-22 maintain certification from the Commission on Law Enforcement
779-23 Officer Standards and Education.
779-24 SECTION 14.765. Section 531.0216(d), Government Code, is
779-25 amended to read as follows:
779-26 (d) Subject to Section 153.004, Occupations Code [5.11,
779-27 Medical Practice Act (Article 4495b, Vernon's Texas Civil
780-1 Statutes)], the commission may adopt rules as necessary to
780-2 implement this section.
780-3 SECTION 14.766. Section 533.004(e), Government Code, is
780-4 amended to read as follows:
780-5 (e) In providing health care services through Medicaid
780-6 managed care to recipients in a health care service region, with
780-7 the exception of the Harris service area for the STAR Medicaid
780-8 managed care program, as defined by the commission as of September
780-9 1, 1999, the commission shall also contract with a managed care
780-10 organization in that region that holds a certificate of authority
780-11 as a health maintenance organization under Section 5, Texas Health
780-12 Maintenance Organization Act (Article 20A.05, Vernon's Texas
780-13 Insurance Code), and that:
780-14 (1) is certified under Section 162.001, Occupations
780-15 Code [5.01(a), Medical Practice Act (Article 4495b, Vernon's Texas
780-16 Civil Statutes)];
780-17 (2) is created by The University of Texas Medical
780-18 Branch at Galveston; and
780-19 (3) has obtained a certificate of authority as a
780-20 health maintenance organization to serve one or more counties in
780-21 that region from the Texas Department of Insurance before September
780-22 2, 1999.
780-23 SECTION 14.767. Section 2054.054(b), Government Code, is
780-24 amended to read as follows:
780-25 (b) The department must assure in maintaining the
780-26 information that:
780-27 (1) health and mental health communications and
781-1 records privileged under Chapter 611, Health and Safety Code,
781-2 Subtitle B, Title 3, Occupations Code [239, Acts of the 66th
781-3 Legislature, Regular Session, 1979 (Article 5561h, Vernon's Texas
781-4 Civil Statutes), the Medical Practice Act (Article 4495b, Vernon's
781-5 Texas Civil Statutes)], and the Texas Rules of [Civil] Evidence
781-6 remain confidential and privileged;
781-7 (2) personally identifiable health and mental health
781-8 communications and records of persons involved in the receipt or
781-9 delivery of health or human services are confidential and
781-10 privileged; and
781-11 (3) a private source is not required to provide
781-12 confidential health or mental health communications or records
781-13 unless a law specifically requires disclosure.
781-14 SECTION 14.768. Section 12.096(b), Health and Safety Code, is
781-15 amended to read as follows:
781-16 (b) The release of information under this section is an
781-17 exception to the patient-physician privilege requirements imposed
781-18 under Section 159.002, Occupations Code [5.08, Medical Practice Act
781-19 (Article 4495b, Vernon's Texas Civil Statutes)].
781-20 SECTION 14.769. Section 42.0045(a), Health and Safety Code,
781-21 is amended to read as follows:
781-22 (a) Sections 483.041(a) and 483.042, Subtitle J, Title 3,
781-23 Occupations Code [the Texas Pharmacy Act (Article 4542a-1, Vernon's
781-24 Texas Civil Statutes)], and other applicable laws establishing
781-25 prohibitions do not apply to a dialysate, device, or drug
781-26 exclusively used or necessary to perform dialysis that a physician
781-27 prescribes or orders for administration or delivery to a person
782-1 with chronic kidney failure if:
782-2 (1) the dialysate, device, or drug is lawfully held by
782-3 a manufacturer or wholesaler registered with the board;
782-4 (2) the manufacturer or wholesaler delivers the
782-5 dialysate, device, or drug to:
782-6 (A) a person with chronic kidney failure for
782-7 self-administration at the person's home or a specified address, as
782-8 ordered by a physician; or
782-9 (B) a physician for administration or delivery
782-10 to a person with chronic kidney failure; and
782-11 (3) the manufacturer or wholesaler has sufficient and
782-12 qualified supervision to adequately protect the public health.
782-13 SECTION 14.770. Section 47.002, Health and Safety Code, is
782-14 amended to read as follows:
782-15 Sec. 47.002. APPLICABILITY OF CHAPTER. This chapter does not
782-16 apply to a facility operated by a midwife as defined by Section
782-17 203.002, Occupations Code [1, Texas Midwifery Act (Article 4512i,
782-18 Vernon's Texas Civil Statutes)].
782-19 SECTION 14.771. Section 47.008(c), Health and Safety Code, is
782-20 amended to read as follows:
782-21 (c) The department by rule shall develop guidelines to
782-22 protect the confidentiality of patients in accordance with Chapter
782-23 159, Occupations Code [Section 5.08, Medical Practice Act (Article
782-24 4495b, Vernon's Texas Civil Statutes)], and require the written
782-25 consent of a parent or guardian of a patient before any
782-26 individually identifying information is provided to the department
782-27 as set out in this chapter. The department shall permit a parent
783-1 or guardian at any time to withdraw information provided to the
783-2 department under this chapter.
783-3 SECTION 14.772. Section 81.091(c), Health and Safety Code, is
783-4 amended to read as follows:
783-5 (c) Subject to the availability of funds, the department
783-6 shall furnish prophylaxis approved by the board free of charge to:
783-7 (1) health care providers if the newborn's financially
783-8 responsible adult is unable to pay; and
783-9 (2) a midwife identified under Chapter 203,
783-10 Occupations Code, [the Texas Midwifery Act (Article 4512i, Vernon's
783-11 Texas Civil Statutes)] who requests prophylaxis for administration
783-12 under standing delegation orders issued by a licensed physician
783-13 under Subsection (b) [of this section] and subject to the
783-14 provisions of Subchapter A, Chapter 157, Occupations Code [Section
783-15 3.06, Medical Practice Act (Article 4495b, Vernon's Texas Civil
783-16 Statutes)].
783-17 SECTION 14.773. Section 85.083(b), Health and Safety Code, is
783-18 amended to read as follows:
783-19 (b) A hospital licensed under Chapter 241 (Texas Hospital
783-20 Licensing Law) or a physician licensed under Subtitle B, Title 3,
783-21 Occupations Code, [the Medical Practice Act (Article 4495b,
783-22 Vernon's Texas Civil Statutes)] is not required to be registered
783-23 under this section unless the hospital or physician advertises or
783-24 represents to the public that the hospital or physician conducts or
783-25 specializes in testing programs for AIDS, HIV infection, or related
783-26 conditions.
783-27 SECTION 14.774. Section 87.001(8), Health and Safety Code, is
784-1 amended to read as follows:
784-2 (8) "Midwife" has the meaning assigned by Section
784-3 203.002, Occupations Code [1, Texas Midwifery Act (Article 4512i,
784-4 Vernon's Texas Civil Statutes)].
784-5 SECTION 14.775. Sections 108.002(9) and (14), Health and
784-6 Safety Code, are amended to read as follows:
784-7 (9) "Health benefit plan" means a plan provided by:
784-8 (A) a health maintenance organization; or
784-9 (B) an approved nonprofit health corporation
784-10 that is certified under Section 162.001, Occupations Code [5.01(a),
784-11 Medical Practice Act (Article 4495b, Vernon's Texas Civil
784-12 Statutes)], and that holds a certificate of authority issued by the
784-13 commissioner of insurance under Article 21.52F, Insurance Code.
784-14 (14) "Physician" means an individual licensed under
784-15 the laws of this state to practice medicine under Subtitle B, Title
784-16 3, Occupations Code [the Medical Practice Act (Article 4495b,
784-17 Vernon's Texas Civil Statutes)].
784-18 SECTION 14.776. Section 108.013(d), Health and Safety Code,
784-19 is amended to read as follows:
784-20 (d) All data collected and used by the department and the
784-21 council under this chapter is subject to the confidentiality
784-22 provisions and criminal penalties of:
784-23 (1) Section 311.037;
784-24 (2) Section 81.103; and
784-25 (3) Section 159.002, Occupations Code [5.08, Medical
784-26 Practice Act (Article 4495b, Vernon's Texas Civil Statutes)].
784-27 SECTION 14.777. Section 142.003(a), Health and Safety Code,
785-1 is amended to read as follows:
785-2 (a) The following persons need not be licensed under this
785-3 chapter:
785-4 (1) a physician, dentist, registered nurse,
785-5 occupational therapist, or physical therapist licensed under the
785-6 laws of this state who provides home health services to a client
785-7 only as a part of and incidental to that person's private office
785-8 practice;
785-9 (2) a registered nurse, licensed vocational nurse,
785-10 physical therapist, occupational therapist, speech therapist,
785-11 medical social worker, or any other health care professional as
785-12 determined by the department who provides home health services as a
785-13 sole practitioner;
785-14 (3) a registry that operates solely as a clearinghouse
785-15 to put consumers in contact with persons who provide home health,
785-16 hospice, or personal assistance services and that does not maintain
785-17 official client records, direct client services, or compensate the
785-18 person who is providing the service;
785-19 (4) an individual whose permanent residence is in the
785-20 client's residence;
785-21 (5) an employee of a person licensed under this
785-22 chapter who provides home health, hospice, or personal assistance
785-23 services only as an employee of the license holder and who receives
785-24 no benefit for providing the services, other than wages from the
785-25 license holder;
785-26 (6) a home, nursing home, convalescent home, assisted
785-27 living facility, special care facility, or other institution for
786-1 individuals who are elderly or who have disabilities that provides
786-2 home health or personal assistance services only to residents of
786-3 the home or institution;
786-4 (7) a person who provides one health service through a
786-5 contract with a person licensed under this chapter;
786-6 (8) a durable medical equipment supply company;
786-7 (9) a pharmacy or wholesale medical supply company
786-8 that does not furnish services, other than supplies, to a person at
786-9 the person's house;
786-10 (10) a hospital or other licensed health care facility
786-11 that provides home health or personal assistance services only to
786-12 inpatient residents of the hospital or facility;
786-13 (11) a person providing home health or personal
786-14 assistance services to an injured employee under Title 5, Labor
786-15 Code;
786-16 (12) a visiting nurse service that:
786-17 (A) is conducted by and for the adherents of a
786-18 well-recognized church or religious denomination; and
786-19 (B) provides nursing services by a person exempt
786-20 from licensing by Section 301.004, Occupations Code [Article 4528,
786-21 Revised Statutes], because the person furnishes nursing care in
786-22 which treatment is only by prayer or spiritual means;
786-23 (13) an individual hired and paid directly by the
786-24 client or the client's family or legal guardian to provide home
786-25 health or personal assistance services;
786-26 (14) a business, school, camp, or other organization
786-27 that provides home health or personal assistance services,
787-1 incidental to the organization's primary purpose, to individuals
787-2 employed by or participating in programs offered by the business,
787-3 school, or camp that enable the individual to participate fully in
787-4 the business's, school's, or camp's programs;
787-5 (15) a person or organization providing
787-6 sitter-companion services or chore or household services that do
787-7 not involve personal care, health, or health-related services;
787-8 (16) a licensed health care facility that provides
787-9 hospice services under a contract with a hospice;
787-10 (17) a person delivering residential acquired immune
787-11 deficiency syndrome hospice care who is licensed and designated as
787-12 a residential AIDS hospice under Chapter 248; or
787-13 (18) the Texas Department of Criminal Justice.
787-14 SECTION 14.778. Section 142.017(a), Health and Safety Code,
787-15 is amended to read as follows:
787-16 (a) The department may assess an administrative penalty
787-17 against a person who violates:
787-18 (1) this chapter or a rule adopted under this chapter;
787-19 or
787-20 (2) Section 102.001, Occupations Code [161.091], if
787-21 the violation relates to the provision of home health, hospice, or
787-22 personal assistance services.
787-23 SECTION 14.779. Section 142.030(a), Health and Safety Code,
787-24 is amended to read as follows:
787-25 (a) A person authorized by this subchapter to administer
787-26 medication to a client of a home and community support services
787-27 agency may not dispense dangerous drugs or controlled substances
788-1 without complying with Subtitle J, Title 3, Occupations Code [the
788-2 Texas Pharmacy Act (Article 4542a-1, Vernon's Texas Civil
788-3 Statutes)].
788-4 SECTION 14.780. Section 161.007(a), Health and Safety Code,
788-5 is amended to read as follows:
788-6 (a) The department, for purposes of establishing and
788-7 maintaining a single repository of accurate, complete, and current
788-8 immunization records to be used in aiding, coordinating, and
788-9 promoting efficient and cost-effective childhood communicable
788-10 disease prevention and control efforts, shall establish and
788-11 maintain a childhood immunization registry. The department by rule
788-12 shall develop guidelines to:
788-13 (1) protect the confidentiality of patients in
788-14 accordance with Section 159.002, Occupations Code [5.08, Medical
788-15 Practice Act (Article 4495b, Vernon's Texas Civil Statutes)];
788-16 (2) inform a parent, managing conservator, or guardian
788-17 of each patient about the registry;
788-18 (3) require the written consent of a parent, managing
788-19 conservator, or guardian of a patient before any information
788-20 relating to the patient is included in the registry; and
788-21 (4) permit a parent, managing conservator, or guardian
788-22 to withdraw consent for the patient to be included in the registry.
788-23 SECTION 14.781. Sections 161.0315(a), (c), and (e), Health
788-24 and Safety Code, are amended to read as follows:
788-25 (a) The governing body of a hospital, medical organization,
788-26 university medical school or health science center, health
788-27 maintenance organization, extended care facility, hospital
789-1 district, or hospital authority may form a medical peer review
789-2 committee, as defined by Section 151.002, Occupations Code [1.03,
789-3 Medical Practice Act (Article 4495b, Vernon's Texas Civil
789-4 Statutes)], or a medical committee, as defined by Section 161.031,
789-5 to evaluate medical and health care services, except as provided by
789-6 this section.
789-7 (c) A hospital district may require in a contract with a
789-8 health care facility described by Subsection (b) a provision that
789-9 allows the governing body of the district to appoint a specified
789-10 number of members to the facility's medical peer review committee
789-11 or medical committee to evaluate medical and health care services
789-12 for which the district contracts with the facility to provide. The
789-13 governing body of a hospital district may receive a report from the
789-14 facility's medical peer review committee or medical committee under
789-15 this section in a closed meeting. A report, information, or a
789-16 record that the district receives from the facility related to a
789-17 review action conducted under the terms of the contract is:
789-18 (1) confidential;
789-19 (2) not subject to disclosure under Chapter 552,
789-20 Government Code; and
789-21 (3) subject to the same confidentiality and disclosure
789-22 requirements to which a report, information, or record of a medical
789-23 peer review committee under Section 160.006, Occupations Code
789-24 [5.06(s), Medical Practice Act (Article 4495b, Vernon's Texas Civil
789-25 Statutes)], is subject.
789-26 (e) The governing body of a hospital district may receive a
789-27 report under Subsection (d)(3) in a closed meeting. A report,
790-1 information, or a record that the hospital district receives under
790-2 Subsection (d)(3) is:
790-3 (1) confidential;
790-4 (2) not subject to disclosure under Chapter 552,
790-5 Government Code; and
790-6 (3) subject to the same confidentiality and disclosure
790-7 requirements to which a report, information, or record of a medical
790-8 peer review committee under Section 160.006, Occupations Code
790-9 [5.06(s), Medical Practice Act (Article 4495b, Vernon's Texas Civil
790-10 Statutes)], is subject.
790-11 SECTION 14.782. Sections 161.032(a) and (c), Health and
790-12 Safety Code, are amended to read as follows:
790-13 (a) The records and proceedings of a medical committee are
790-14 confidential and are not subject to court subpoena. A proceeding
790-15 of a medical peer review committee, as defined by Section 151.002,
790-16 Occupations Code [1.03, Medical Practice Act (Article 4495b,
790-17 Vernon's Texas Civil Statutes)], or medical committee, or a meeting
790-18 of the governing body of a public hospital, hospital district, or
790-19 hospital authority at which the governing body receives records,
790-20 information, or reports provided by a medical committee or medical
790-21 peer review committee is not subject to Chapter 551, Government
790-22 Code. Records, information, or reports of a medical committee or
790-23 medical peer review committee and records, information, or reports
790-24 provided by a medical committee or medical peer review committee to
790-25 the governing body of a public hospital, hospital district, or
790-26 hospital authority are not subject to disclosure under Chapter 552,
790-27 Government Code.
791-1 (c) This section and Subchapter A, Chapter 160, Occupations
791-2 Code [Section 5.06, Medical Practice Act (Article 4495b, Vernon's
791-3 Texas Civil Statutes)], do not apply to records made or maintained
791-4 in the regular course of business by a hospital, health maintenance
791-5 organization, medical organization, university medical center or
791-6 health science center, hospital district, hospital authority, or
791-7 extended care facility.
791-8 SECTION 14.783. Section 161.204, Health and Safety Code, is
791-9 amended to read as follows:
791-10 Sec. 161.204. APPLICATION OF OTHER LAW. This subchapter
791-11 controls over Section 611.0045 of this code and Section 159.006,
791-12 Occupations Code [5.08(k), Medical Practice Act (Article 4495b,
791-13 Vernon's Texas Civil Statutes)], and any other provision that
791-14 authorizes the charging of a fee for providing medical or mental
791-15 health records.
791-16 SECTION 14.784. Section 164.003(6), Health and Safety Code,
791-17 is amended to read as follows:
791-18 (6) "Mental health professional" means a:
791-19 (A) "physician" as defined by Section 571.003;
791-20 (B) "licensed professional counselor" as defined
791-21 by Section 503.002, Occupations Code [2, Licensed Professional
791-22 Counselor Act (Article 4512g, Vernon's Texas Civil Statutes)];
791-23 (C) "chemical dependency counselor" as defined
791-24 by Section 504.001, Occupations Code [1, Chapter 635, Acts of the
791-25 72nd Legislature, Regular Session, 1991 (Article 4512o, Vernon's
791-26 Texas Civil Statutes)];
791-27 (D) "psychologist" offering "psychological
792-1 services" as defined by Section 501.003, Occupations Code [2,
792-2 Psychologists' Certification and Licensing Act (Article 4512c,
792-3 Vernon's Texas Civil Statutes)];
792-4 (E) "registered nurse" licensed under Chapter
792-5 301, Occupations Code [7, Title 71, Revised Statutes];
792-6 (F) "licensed vocational nurse" as defined by
792-7 Section 302.001, Occupations Code [1, Article 4528c, Revised
792-8 Statutes];
792-9 (G) "licensed marriage and family therapist" as
792-10 defined by Section 502.002, Occupations Code [2, Licensed Marriage
792-11 and Family Therapist Act (Article 4512c-1, Vernon's Texas Civil
792-12 Statutes)]; and
792-13 (H) "social worker" as defined by Section
792-14 505.002, Occupations [50.001(a), Human Resources] Code.
792-15 SECTION 14.785. Section 192.002(b), Health and Safety Code,
792-16 is amended to read as follows:
792-17 (b) The section of the birth certificate entitled "For
792-18 Medical and Health Use Only" is not part of the legal birth
792-19 certificate. Information held by the department under that section
792-20 of the certificate is confidential. That information may not be
792-21 released or made public on subpoena or otherwise, except that
792-22 release may be made for statistical purposes only so that no
792-23 person, patient, or facility is identified, or to medical personnel
792-24 of a health care entity, as that term is defined in Subtitle B,
792-25 Title 3, Occupations Code [the Medical Practice Act (Article 4495b,
792-26 Vernon's Texas Civil Statutes)], or appropriate state or federal
792-27 agencies for statistical research. The board may adopt rules to
793-1 implement this subsection.
793-2 SECTION 14.786. Section 241.026(a), Health and Safety Code,
793-3 is amended to read as follows:
793-4 (a) The board shall adopt and enforce rules to further the
793-5 purposes of this chapter. The rules at a minimum shall address:
793-6 (1) minimum requirements for staffing by physicians
793-7 and nurses;
793-8 (2) hospital services relating to patient care;
793-9 (3) fire prevention, safety, and sanitation
793-10 requirements in hospitals;
793-11 (4) patient care and a patient bill of rights;
793-12 (5) compliance with other state and federal laws
793-13 affecting the health, safety, and rights of hospital patients; and
793-14 (6) compliance with nursing peer review under
793-15 Subchapter I, Chapter 301, [Articles 4525a] and Chapter 303,
793-16 Occupations Code [4525b, Revised Statutes], and the rules of the
793-17 Board of Nurse Examiners relating to peer review.
793-18 SECTION 14.787. Section 241.105(e), Health and Safety Code,
793-19 is amended to read as follows:
793-20 (e) Nothing in this section shall be construed as modifying
793-21 Subtitle B, Title 3, Occupations Code, Chapter 204 or 301,
793-22 Occupations Code [the Medical Practice Act (Article 4495b, Vernon's
793-23 Texas Civil Statutes), the Nursing Practice Act (Articles
793-24 4513-4528, Revised Statutes), the Physician Assistant Licensing Act
793-25 (Article 4495b-1, Vernon's Texas Civil Statutes)], or any other law
793-26 relating to the scope of practice of physicians, advanced practice
793-27 nurses, or physician assistants.
794-1 SECTION 14.788. Section 245.004(a), Health and Safety Code,
794-2 is amended to read as follows:
794-3 (a) The following facilities need not be licensed under this
794-4 chapter:
794-5 (1) a hospital licensed under Chapter 241 (Texas
794-6 Hospital Licensing Law); or
794-7 (2) the office of a physician licensed under Subtitle
794-8 B, Title 3, Occupations Code [the Medical Practice Act (Article
794-9 4495b, Vernon's Texas Civil Statutes)], unless the office is used
794-10 for the purpose of performing more than 300 abortions in any
794-11 12-month period.
794-12 SECTION 14.789. Section 245.010(b), Health and Safety Code,
794-13 is amended to read as follows:
794-14 (b) Only a physician as defined by Subtitle B, Title 3,
794-15 Occupations Code, [the Medical Practice Act (Article 4495b,
794-16 Vernon's Texas Civil Statutes)] may perform an abortion.
794-17 SECTION 14.790. Section 251.001(9), Health and Safety Code,
794-18 is amended to read as follows:
794-19 (9) "Physician" means an individual who is licensed to
794-20 practice medicine under Subtitle B, Title 3, Occupations Code [the
794-21 Medical Practice Act (Article 4495b, Vernon's Texas Civil
794-22 Statutes)].
794-23 SECTION 14.791. Section 312.002(3), Health and Safety Code,
794-24 is amended to read as follows:
794-25 (3) "Coordinating entity" means a nonprofit
794-26 corporation under the Texas Non-Profit Corporation Act (Article
794-27 1396-1.01 et seq., Vernon's Texas Civil Statutes) that is a health
795-1 organization approved and certified by the Texas State Board of
795-2 Medical Examiners under Chapter 162, Occupations Code [Section
795-3 5.01, Medical Practice Act (Article 4495b, Vernon's Texas Civil
795-4 Statutes)].
795-5 SECTION 14.792. Section 401.424(a), Health and Safety Code,
795-6 is amended to read as follows:
795-7 (a) To receive a mammography certification under this
795-8 subchapter, the mammography system must, at a minimum:
795-9 (1) meet criteria at least as stringent as the
795-10 American College of Radiology mammography accreditation program;
795-11 (2) be specifically designed and used for the
795-12 performance of mammography;
795-13 (3) be operated by an individual certified as a
795-14 medical radiologic technologist under Chapter 601, Occupations Code
795-15 [1096, Acts of the 70th Legislature, Regular Session, 1987 (Article
795-16 4512m, Vernon's Texas Civil Statutes)], who meets, at a minimum,
795-17 the requirements for personnel who perform mammography established
795-18 by the Mammography Quality Standards Act of 1992 (42 U.S.C. Section
795-19 263b); and
795-20 (4) be used in a facility that:
795-21 (A) meets, at minimum, the requirements for
795-22 certification of the Mammography Quality Standards Act of 1992 (42
795-23 U.S.C. Section 263b);
795-24 (B) has a licensed medical physicist specialized
795-25 in radiology under Chapter 602, Occupations Code [235, Acts of the
795-26 72nd Legislature, Regular Session, 1991 (Article 4512n, Vernon's
795-27 Texas Civil Statutes)], who at least annually provides on-site
796-1 consultation to the facility, including a complete evaluation of
796-2 the entire mammography system to ensure compliance with this
796-3 subchapter;
796-4 (C) maintains records of the consultations
796-5 required under Paragraph (B) for not less than seven years after
796-6 the date the consultation was performed;
796-7 (D) establishes a quality control program that
796-8 meets requirements that are at least as stringent as those of the
796-9 American College of Radiology mammography accreditation program;
796-10 and
796-11 (E) maintains and makes available to a patient
796-12 of the facility original mammograms performed at the facility until
796-13 the earlier of either:
796-14 (i) the fifth anniversary of the
796-15 mammography or, if an additional mammogram of the same patient is
796-16 not performed by the facility, the 10th anniversary of the
796-17 mammography; or
796-18 (ii) at the request of the patient, the
796-19 date the patient's medical records are forwarded to another medical
796-20 institution.
796-21 SECTION 14.793. Section 431.042(e), Health and Safety Code,
796-22 is amended to read as follows:
796-23 (e) This section does not apply to:
796-24 (1) a pharmacy that:
796-25 (A) complies with Subtitle J, Title 3,
796-26 Occupations Code [the Texas Pharmacy Act (Article 4542a-1, Vernon's
796-27 Texas Civil Statutes)];
797-1 (B) regularly engages in dispensing prescription
797-2 drugs or devices on prescriptions of practitioners licensed to
797-3 administer the drugs or devices to their patients in the course of
797-4 their professional practice; and
797-5 (C) does not, through a subsidiary or otherwise,
797-6 manufacture, prepare, propagate, compound, or process a drug or
797-7 device for sale other than in the regular course of its business of
797-8 dispensing or selling drugs or devices at retail;
797-9 (2) a practitioner licensed to prescribe or administer
797-10 a drug who manufactures, prepares, propagates, compounds, or
797-11 processes the drug solely for use in the course of the
797-12 practitioner's professional practice;
797-13 (3) a practitioner licensed to prescribe or use a
797-14 device who manufactures or processes the device solely for use in
797-15 the course of the practitioner's professional practice; or
797-16 (4) a person who manufactures, prepares, propagates,
797-17 compounds, or processes a drug or manufactures or processes a
797-18 device solely for use in research, teaching, or chemical analysis
797-19 and not for sale.
797-20 SECTION 14.794. Section 481.073(c), Health and Safety Code,
797-21 is amended to read as follows:
797-22 (c) This section does not relieve a practitioner or the
797-23 practitioner's designated agent from the requirement of Subchapter
797-24 A, Chapter 562, Occupations Code [Section 40, Texas Pharmacy Act
797-25 (Article 4542a-1, Vernon's Texas Civil Statutes)]. A practitioner
797-26 is personally responsible for the actions of the designated agent
797-27 in communicating a prescription to a pharmacist.
798-1 SECTION 14.795. Sections 483.001(4), (10), (11), and (13),
798-2 Health and Safety Code, are amended to read as follows:
798-3 (4) "Designated agent" means:
798-4 (A) a licensed nurse, physician assistant,
798-5 pharmacist, or other individual designated by a practitioner to
798-6 communicate prescription drug orders to a pharmacist;
798-7 (B) a licensed nurse, physician assistant, or
798-8 pharmacist employed in a health care facility to whom the
798-9 practitioner communicates a prescription drug order; or
798-10 (C) a registered nurse or physician assistant
798-11 authorized by a practitioner to carry out a prescription drug order
798-12 for dangerous drugs under Subchapter B, Chapter 157, Occupations
798-13 Code [Section 3.06(d)(5) or (6), Medical Practice Act (Article
798-14 4495b, Vernon's Texas Civil Statutes)].
798-15 (10) "Pharmacy" means a facility where prescription
798-16 drug or medication orders are received, processed, dispensed, or
798-17 distributed under this chapter, Chapter 481 of this code, and
798-18 Subtitle J, Title 3, Occupations Code [the Texas Pharmacy Act
798-19 (Article 4542a-1, Vernon's Texas Civil Statutes)]. The term does
798-20 not include a narcotic drug treatment program that is regulated by
798-21 Chapter 466, Health and Safety Code.
798-22 (11) "Practice of pharmacy" means:
798-23 (A) provision of those acts or services
798-24 necessary to provide pharmaceutical care;
798-25 (B) interpretation and evaluation of
798-26 prescription drug orders or medication orders;
798-27 (C) participation in drug and device selection
799-1 as authorized by law, drug administration, drug regimen review, or
799-2 drug or drug-related research;
799-3 (D) provision of patient counseling;
799-4 (E) responsibility for:
799-5 (i) dispensing of prescription drug orders
799-6 or distribution of medication orders in the patient's best
799-7 interest;
799-8 (ii) compounding and labeling of drugs and
799-9 devices, except labeling by a manufacturer, repackager, or
799-10 distributor of nonprescription drugs and commercially packaged
799-11 prescription drugs and devices;
799-12 (iii) proper and safe storage of drugs and
799-13 devices; or
799-14 (iv) maintenance of proper records for
799-15 drugs and devices. In this subdivision, "device" has the meaning
799-16 assigned by Subtitle J, Title 3, Occupations Code [the Texas
799-17 Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes)]; or
799-18 (F) performance of a specific act of drug
799-19 therapy management for a patient delegated to a pharmacist by a
799-20 written protocol from a physician licensed by the state under
799-21 Subtitle B, Title 3, Occupations Code [the Medical Practice Act
799-22 (Article 4495b, Vernon's Texas Civil Statutes)].
799-23 (13) "Prescription" means an order from a
799-24 practitioner, or an agent of the practitioner designated in writing
799-25 as authorized to communicate prescriptions, or an order made in
799-26 accordance with Subchapter B, Chapter 157, Occupations Code
799-27 [Section 3.06(d)(5) or (6), Medical Practice Act (Article 4495b,
800-1 Vernon's Texas Civil Statutes)], or Section 203.353, Occupations
800-2 Code [16A, Texas Midwifery Act (Article 4512i, Vernon's Texas Civil
800-3 Statutes)], to a pharmacist for a dangerous drug to be dispensed
800-4 that states:
800-5 (A) the date of the order's issue;
800-6 (B) the name and address of the patient;
800-7 (C) if the drug is prescribed for an animal, the
800-8 species of the animal;
800-9 (D) the name and quantity of the drug
800-10 prescribed;
800-11 (E) the directions for the use of the drug;
800-12 (F) the intended use of the drug unless the
800-13 practitioner determines the furnishing of this information is not
800-14 in the best interest of the patient;
800-15 (G) the name, address, and telephone number of
800-16 the practitioner at the practitioner's usual place of business,
800-17 legibly printed or stamped; and
800-18 (H) the name, address, and telephone number of
800-19 the documented midwife, registered nurse, or physician assistant,
800-20 legibly printed or stamped, if signed by a documented midwife,
800-21 registered nurse, or physician assistant.
800-22 SECTION 14.796. Section 483.021(b), Health and Safety Code,
800-23 is amended to read as follows:
800-24 (b) A pharmacist who is requested to dispense a dangerous
800-25 drug under a prescription issued by a therapeutic optometrist shall
800-26 determine, in the exercise of the pharmacist's professional
800-27 judgment, whether the prescription is for a dangerous drug that a
801-1 therapeutic optometrist is authorized to prescribe under Section
801-2 351.358, Occupations Code [1.03, Texas Optometry Act (Article
801-3 4552-1.01 et seq., Vernon's Texas Civil Statutes)].
801-4 SECTION 14.797. Sections 483.022(d) and (f), Health and
801-5 Safety Code, are amended to read as follows:
801-6 (d) This section does not relieve a practitioner or the
801-7 practitioner's designated agent from the requirements of Subchapter
801-8 A, Chapter 562, Occupations Code [Section 40, Texas Pharmacy Act
801-9 (Article 4542a-1, Vernon's Texas Civil Statutes)].
801-10 (f) A practitioner may designate a person who is a licensed
801-11 vocational nurse or has an education equivalent to or greater than
801-12 that required for a licensed vocational nurse to communicate
801-13 prescriptions of an advanced practice nurse or physician assistant
801-14 authorized by the practitioner to sign prescription drug orders
801-15 under Subchapter B, Chapter 157, Occupations Code [Section
801-16 3.06(d)(5) or (6), Medical Practice Act (Article 4495b, Vernon's
801-17 Texas Civil Statutes)].
801-18 SECTION 14.798. Section 483.041(c), Health and Safety Code,
801-19 is amended to read as follows:
801-20 (c) Subsection (a) does not apply to the possession of a
801-21 dangerous drug in the usual course of business or practice or in
801-22 the performance of official duties by the following persons or an
801-23 agent or employee of the person:
801-24 (1) a pharmacy licensed by the board;
801-25 (2) a practitioner;
801-26 (3) a person who obtains a dangerous drug for lawful
801-27 research, teaching, or testing, but not for resale;
802-1 (4) a hospital that obtains a dangerous drug for
802-2 lawful administration by a practitioner;
802-3 (5) an officer or employee of the federal, state, or
802-4 local government;
802-5 (6) a manufacturer or wholesaler licensed by the
802-6 commissioner of health under Chapter 431 (Texas Food, Drug, and
802-7 Cosmetic Act);
802-8 (7) a carrier or warehouseman;
802-9 (8) a home and community support services agency
802-10 licensed under and acting in accordance with Chapter 142; or
802-11 (9) a documented midwife who obtains oxygen for
802-12 administration to a mother or newborn or who obtains a dangerous
802-13 drug for the administration of prophylaxis to a newborn for the
802-14 prevention of ophthalmia neonatorum in accordance with Section
802-15 203.353, Occupations Code [Section 16A, Texas Midwifery Act
802-16 (Article 4512i, Vernon's Texas Civil Statutes)].
802-17 SECTION 14.799. Sections 483.042(a) and (f), Health and
802-18 Safety Code, are amended to read as follows:
802-19 (a) A person commits an offense if the person delivers or
802-20 offers to deliver a dangerous drug:
802-21 (1) unless:
802-22 (A) the dangerous drug is delivered or offered
802-23 for delivery by a pharmacist under:
802-24 (i) a prescription issued by a
802-25 practitioner described by Section 483.001(12)(A) or (B);
802-26 (ii) a prescription signed by a registered
802-27 nurse or physician assistant in accordance with Subchapter B,
803-1 Chapter 157, Occupations Code [Section 3.06(d)(5) or (6), Medical
803-2 Practice Act (Article 4495b, Vernon's Texas Civil Statutes)]; or
803-3 (iii) an original written prescription
803-4 issued by a practitioner described by Section 483.001(12)(C); and
803-5 (B) a label is attached to the immediate
803-6 container in which the drug is delivered or offered to be delivered
803-7 and the label contains the following information:
803-8 (i) the name and address of the pharmacy
803-9 from which the drug is delivered or offered for delivery;
803-10 (ii) the date the prescription for the
803-11 drug is dispensed;
803-12 (iii) the number of the prescription as
803-13 filed in the prescription files of the pharmacy from which the
803-14 prescription is dispensed;
803-15 (iv) the name of the practitioner who
803-16 prescribed the drug and, if applicable, the name of the registered
803-17 nurse or physician assistant who signed the prescription;
803-18 (v) the name of the patient and, if the
803-19 drug is prescribed for an animal, a statement of the species of the
803-20 animal; and
803-21 (vi) directions for the use of the drug as
803-22 contained in the prescription; or
803-23 (2) unless:
803-24 (A) the dangerous drug is delivered or offered
803-25 for delivery by:
803-26 (i) a practitioner in the course of
803-27 practice; or
804-1 (ii) a registered nurse or physician
804-2 assistant in the course of practice in accordance with Subchapter
804-3 B, Chapter 157, Occupations Code [Section 3.06(d)(5) or (6),
804-4 Medical Practice Act (Article 4495b, Vernon's Texas Civil
804-5 Statutes)]; and
804-6 (B) a label is attached to the immediate
804-7 container in which the drug is delivered or offered to be delivered
804-8 and the label contains the following information:
804-9 (i) the name and address of the
804-10 practitioner who prescribed the drug, and if applicable, the name
804-11 and address of the registered nurse or physician assistant;
804-12 (ii) the date the drug is delivered;
804-13 (iii) the name of the patient and, if the
804-14 drug is prescribed for an animal, a statement of the species of the
804-15 animal; and
804-16 (iv) the name of the drug, the strength of
804-17 the drug, and directions for the use of the drug.
804-18 (f) Provided all federal requirements are met, the labeling
804-19 provisions of Subsection (a) do not apply to a dangerous drug
804-20 prescribed or dispensed for administration to food production
804-21 animals in an agricultural operation under a written medical
804-22 directive or treatment guideline from a veterinarian licensed under
804-23 Chapter 801, Occupations Code [The Veterinary Licensing Act
804-24 (Article 8890, Revised Statutes) and its subsequent amendments].
804-25 SECTION 14.800. Section 531.001(g), Health and Safety Code,
804-26 is amended to read as follows:
804-27 (g) It is the goal of this state to establish at least one
805-1 special officer for mental health assignment in each county. To
805-2 achieve this goal, the department shall assist a local law
805-3 enforcement agency that desires to have an officer certified under
805-4 Section 1701.404, Occupations [415.037, Government] Code.
805-5 SECTION 14.801. Section 533.006(a), Health and Safety Code,
805-6 is amended to read as follows:
805-7 (a) The department shall report to the Texas State Board of
805-8 Medical Examiners any allegation received by the department that a
805-9 physician employed by or under contract with the department has
805-10 committed an action that constitutes a ground for the denial or
805-11 revocation of the physician's license under Section 164.051,
805-12 Occupations Code [3.08, Medical Practice Act (Article 4495b,
805-13 Vernon's Texas Civil Statutes)]. The report must be made in the
805-14 manner provided by Section 154.051, Occupations Code [4.02 of that
805-15 Act].
805-16 SECTION 14.802. Section 534.104(b), Health and Safety Code,
805-17 is amended to read as follows:
805-18 (b) Nothing in this subchapter precludes one or more
805-19 community centers from forming a nonprofit corporation under
805-20 Chapter 162, Occupations Code [Section 5.01, Medical Practice Act
805-21 (Article 4495b, Vernon's Texas Civil Statutes)], to provide
805-22 services on a risk-sharing or capitated basis as permitted under
805-23 Article 21.52F, Insurance Code.
805-24 SECTION 14.803. Section 571.027(b), Health and Safety Code,
805-25 is amended to read as follows:
805-26 (b) The board shall appoint to the committee:
805-27 (1) three representatives of hospitals, at least two
806-1 of whom represent a facility described by Section 571.003(9)(B) or
806-2 (E);
806-3 (2) three consumers of mental health services, each of
806-4 whom has received treatment in a facility described by Section
806-5 571.003(9)(B) or (E);
806-6 (3) two physicians licensed under Subtitle B, Title 3,
806-7 Occupations Code [the Medical Practice Act (Article 4495b, Vernon's
806-8 Texas Civil Statutes)], who practice psychiatry and are board
806-9 certified in psychiatry, at least one of whom is board certified in
806-10 child and adolescent psychiatry; and
806-11 (4) one family member of a person who has been a
806-12 consumer of mental health services provided by a facility described
806-13 by Section 571.003(9)(B) or (E).
806-14 SECTION 14.804. Section 574.045(a), Health and Safety Code,
806-15 is amended to read as follows:
806-16 (a) The court may authorize the transportation of a
806-17 committed patient or a patient detained under Section 573.022 or
806-18 574.023 to the designated mental health facility by:
806-19 (1) a relative or other responsible person who has a
806-20 proper interest in the patient's welfare and who receives no
806-21 remuneration, except for actual and necessary expenses;
806-22 (2) the facility administrator of the designated
806-23 mental health facility, if the administrator notifies the court
806-24 that facility personnel are available to transport the patient;
806-25 (3) a special officer for mental health assignment
806-26 certified under Section 1701.404, Occupations [415.037, Government]
806-27 Code;
807-1 (4) a representative of the local mental health
807-2 authority, who shall be reimbursed by the county; or
807-3 (5) the sheriff or constable, if no person is
807-4 available under Subdivision (1), (2), (3), or (4).
807-5 SECTION 14.805. Section 578.005(b), Health and Safety Code,
807-6 is amended to read as follows:
807-7 (b) A physician may not delegate the act of administering
807-8 the therapy. A nonphysician who administers electroconvulsive
807-9 therapy is considered to be practicing medicine in violation of
807-10 Subtitle B, Title 3, Occupations Code [the Medical Practice Act
807-11 (Article 4495b, Vernon's Texas Civil Statutes)].
807-12 SECTION 14.806. Section 611.0045(j), Health and Safety Code,
807-13 is amended to read as follows:
807-14 (j) Notwithstanding Section 159.002, Occupations Code [5.08,
807-15 Medical Practice Act (Article 4495b, Vernon's Texas Civil
807-16 Statutes)], this section applies to the release of a confidential
807-17 record created or maintained by a professional, including a
807-18 physician, that relates to the diagnosis, evaluation, or treatment
807-19 of a mental or emotional condition or disorder, including
807-20 alcoholism or drug addiction.
807-21 SECTION 14.807. Section 755.030(a), Health and Safety Code,
807-22 is amended to read as follows:
807-23 (a) In addition to the fees described by Section 51.202,
807-24 Occupations Code [12(f), Article 9100, Revised Statutes], the
807-25 commission may authorize the collection of fees for:
807-26 (1) boiler inspections, including fees for special
807-27 inspections; and
808-1 (2) other activities administered by the boiler
808-2 inspection section and authorized by rule of the commissioner.
808-3 SECTION 14.808. Section 773.003(18), Health and Safety Code,
808-4 is amended to read as follows:
808-5 (18) "Medical supervision" means direction given to
808-6 emergency medical services personnel by a licensed physician under
808-7 Subtitle B, Title 3, Occupations Code, [the Medical Practice Act
808-8 (Article 4495b, Vernon's Texas Civil Statutes)] and the rules
808-9 adopted under that subtitle [Act] by the Texas State Board of
808-10 Medical Examiners.
808-11 SECTION 14.809. Section 822.046(c), Health and Safety Code,
808-12 is amended to read as follows:
808-13 (c) It is a defense to prosecution under Section 822.044 or
808-14 Section 822.045 that the person is a dog trainer or an employee of
808-15 a guard dog company under Chapter 1702, Occupations Code [the
808-16 Private Investigators and Private Security Agencies Act (Article
808-17 4413(29bb), Vernon's Texas Civil Statutes)].
808-18 SECTION 14.810. Section 826.023(e), Health and Safety Code,
808-19 is amended to read as follows:
808-20 (e) This section does not prohibit a veterinarian licensed
808-21 by the State Board of Veterinary Medical Examiners from selling or
808-22 dispensing rabies vaccine to an individual with whom the
808-23 veterinarian has a veterinarian-client-patient relationship as
808-24 described by Chapter 801, Occupations Code, [The Veterinary
808-25 Licensing Act (Article 8890, Revised Statutes)] for the sole
808-26 purpose of allowing that individual to administer the rabies
808-27 vaccine to that individual's own livestock.
809-1 SECTION 14.811. Section 828.012(a), Health and Safety Code,
809-2 is amended to read as follows:
809-3 (a) Surgery performed in accordance with this chapter must
809-4 be performed by a veterinarian or a full-time student of an
809-5 accredited college of veterinary medicine as provided by Chapter
809-6 801, Occupations Code [the Veterinary Licensing Act (Article 8890,
809-7 Vernon's Texas Civil Statutes)].
809-8 SECTION 14.812. Section 22.015(a), Human Resources Code, is
809-9 amended to read as follows:
809-10 (a) If the department receives an allegation that a
809-11 physician employed by or under contract with the department has
809-12 committed an action that constitutes a ground for the denial or
809-13 revocation of the physician's license under Section 164.051,
809-14 Occupations Code [3.08, Medical Practice Act (Article 4495b,
809-15 Vernon's Texas Civil Statutes)], the department shall report the
809-16 information to the Texas State Board of Medical Examiners in the
809-17 manner provided by Section 154.051, Occupations Code [4.02 of that
809-18 Act].
809-19 SECTION 14.813. Sections 32.027(c), (d), and (e), Human
809-20 Resources Code, are amended to read as follows:
809-21 (c) A recipient of medical assistance that is authorized in
809-22 this chapter may select for the provision of respiratory care
809-23 therapy any person authorized to practice respiratory care under
809-24 Chapter 604, Occupations Code [829, Acts of the 69th Legislature,
809-25 Regular Session, 1985 (Article 4512l, Vernon's Texas Civil
809-26 Statutes)]. The department shall provide reimbursement to a person
809-27 authorized to practice respiratory care under that Act, a licensed
810-1 health care entity, or a physician licensed to practice medicine
810-2 under the laws of this state.
810-3 (d) The department shall permit a recipient of medical
810-4 assistance under this chapter to receive services relating to
810-5 physical therapy from any person authorized to practice physical
810-6 therapy under Chapter 453, Occupations Code [836, Acts of the 62nd
810-7 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
810-8 Civil Statutes)].
810-9 (e) The department shall assure that a recipient of medical
810-10 assistance under this chapter may select a licensed psychologist or
810-11 a licensed marriage and family therapist, as defined by Section
810-12 502.002, Occupations Code [2, Licensed Marriage and Family
810-13 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes)], to
810-14 perform any health care service or procedure covered under the
810-15 medical assistance program if the selected psychologist or marriage
810-16 and family therapist is authorized by law to perform the service or
810-17 procedure. This subsection shall be liberally construed.
810-18 SECTION 14.814. Section 61.0813(d), Human Resources Code, is
810-19 amended to read as follows:
810-20 (d) A polygraph examination required as a condition of
810-21 release under Subsection (a) must be administered by an individual
810-22 who is:
810-23 (1) specified by the commission; and
810-24 (2) licensed as a polygraph examiner under Chapter
810-25 1703, Occupations Code [the Polygraph Examiners Act (Article
810-26 4413(29cc), Vernon's Texas Civil Statutes)].
810-27 SECTION 14.815. Section 91.013(b), Labor Code, is amended to
811-1 read as follows:
811-2 (b) Department background investigations are governed by
811-3 this chapter, Section 411.122, Government Code, and Chapter 53,
811-4 Occupations Code [Article 6252-13c, Revised Statutes, and by
811-5 Sections 2 through 5, Chapter 267, Acts of the 67th Legislature,
811-6 Regular Session, 1981 (Article 6252-13d, Vernon's Texas Civil
811-7 Statutes)]. Conviction of a crime does not automatically
811-8 disqualify a controlling person, require the revocation of a
811-9 license, or require the denial of an application for a new or
811-10 renewed license. The department shall consider criminal
811-11 convictions as provided by Section 411.122, Government Code, and
811-12 Chapter 53, Occupations Code [Article 6252-13c, Revised Statutes,
811-13 and Sections 2 through 5, Chapter 267, Acts of the 67th
811-14 Legislature, Regular Session, 1981 (Article 6252-13d, Vernon's
811-15 Texas Civil Statutes)].
811-16 SECTION 14.816. Section 91.021(a), Labor Code, is amended to
811-17 read as follows:
811-18 (a) On a finding that a ground for disciplinary action
811-19 exists under one or more provisions of Section 91.020(a), the
811-20 department shall impose administrative sanctions as provided by
811-21 Section 51.353, Occupations Code [in Section 17, Article 9100,
811-22 Revised Statutes]; provided however, for the purposes of this
811-23 chapter [Act], the department may impose an administrative penalty
811-24 in an amount not less than $1,000 for each violation, but not more
811-25 than $50,000.
811-26 SECTION 14.817. Section 92.003, Labor Code, is amended to
811-27 read as follows:
812-1 Sec. 92.003. AGENCY POWERS AND DUTIES. The department,
812-2 commissioner, and commission shall exercise the regulatory,
812-3 administrative, and licensing authority granted under this chapter
812-4 as provided by Chapter 51, Occupations Code [Article 9100, Revised
812-5 Statutes].
812-6 SECTION 14.818. Section 103.003(b), Labor Code, is amended to
812-7 read as follows:
812-8 (b) An employer may not disclose information about a
812-9 licensed nurse or licensed vocational nurse that relates to conduct
812-10 that is protected under Section 301.352 or 303.005, Occupations
812-11 Code [Article 4525d, Revised Statutes]. The employer must provide
812-12 an affected nurse an opportunity to submit a statement of
812-13 reasonable length to the employer to establish the application of
812-14 Section 301.352 or 303.005, Occupations Code [Article 4525d,
812-15 Revised Statutes].
812-16 SECTION 14.819. Section 85.0011, Local Government Code, is
812-17 amended to read as follows:
812-18 Sec. 85.0011. QUALIFICATIONS. A person is not eligible to
812-19 serve as sheriff unless the person:
812-20 (1) has a high school diploma or a high school
812-21 equivalency certificate; and
812-22 (2) is eligible to be licensed under Sections 1701.309
812-23 [Section 415.058] and 1701.312 [415.059], Occupations [Government]
812-24 Code.
812-25 SECTION 14.820. Section 85.004(b), Local Government Code, is
812-26 amended to read as follows:
812-27 (b) A reserve deputy serves at the discretion of the sheriff
813-1 and may be called into service if the sheriff considers it
813-2 necessary to have additional officers to preserve the peace and
813-3 enforce the law. The sheriff may authorize a reserve deputy who is
813-4 a peace officer as described by Article 2.12, Code of Criminal
813-5 Procedure, to carry a weapon or act as a peace officer at all
813-6 times, regardless of whether the reserve deputy is engaged in the
813-7 actual discharge of official duties, or may limit the authority of
813-8 the reserve deputy to carry a weapon or act as a peace officer to
813-9 only those times during which the reserve deputy is engaged in the
813-10 actual discharge of official duties. A reserve deputy who is not a
813-11 peace officer as described by Article 2.12, Code of Criminal
813-12 Procedure, may act as a peace officer only during the actual
813-13 discharge of official duties. A reserve deputy, regardless of
813-14 whether the reserve deputy is a peace officer as described by
813-15 Article 2.12, Code of Criminal Procedure, is not:
813-16 (1) eligible for participation in any program provided
813-17 by the county that is normally considered a financial benefit of
813-18 full-time employment or for any pension fund created by statute for
813-19 the benefit of full-time paid peace officers; or
813-20 (2) exempt from Chapter 1702, Occupations Code [the
813-21 Private Investigators and Private Security Agencies Act (Article
813-22 4413(29bb), Vernon's Texas Civil Statutes)].
813-23 SECTION 14.821. Section 86.0021, Local Government Code, is
813-24 amended to read as follows:
813-25 Sec. 86.0021. QUALIFICATIONS; REMOVAL. (a) A person is not
813-26 eligible to serve as constable unless the person:
813-27 (1) has a high school diploma or a high school
814-1 equivalency certificate; and
814-2 (2) is eligible to be licensed under Sections 1701.309
814-3 [415.058] and 1701.312 [415.059], Occupations [Government] Code.
814-4 (b) On or before the 270th day after the date a constable
814-5 takes office, the constable shall provide, to the commissioners
814-6 court of the county in which the constable serves, evidence that
814-7 the constable has been issued a permanent peace officer license
814-8 under Chapter 1701, Occupations [415, Government] Code. A
814-9 constable who fails to provide evidence of licensure under this
814-10 subsection or who fails to maintain a permanent license while
814-11 serving in office forfeits the office and is subject to removal in
814-12 a quo warranto proceeding under Chapter 66, Civil Practice and
814-13 Remedies Code.
814-14 (c) The license requirement of Subsection (b) supersedes the
814-15 license requirement of Section 1701.302, Occupations [415.053,
814-16 Government] Code.
814-17 SECTION 14.822. Section 86.012(b), Local Government Code, is
814-18 amended to read as follows:
814-19 (b) A reserve deputy constable serves at the discretion of
814-20 the constable and may be called into service at any time that the
814-21 constable considers it necessary to have additional officers to
814-22 preserve the peace and enforce the law. The constable may
814-23 authorize a reserve deputy constable who is a peace officer as
814-24 described by Article 2.12, Code of Criminal Procedure, to carry a
814-25 weapon or act as a peace officer at all times, regardless of
814-26 whether the reserve deputy constable is engaged in the actual
814-27 discharge of official duties, or may limit the authority of the
815-1 reserve deputy constable to carry a weapon or act as a peace
815-2 officer to only those times during which the reserve deputy
815-3 constable is engaged in the actual discharge of official duties. A
815-4 reserve deputy constable who is not a peace officer as described by
815-5 Article 2.12, Code of Criminal Procedure, may act as a peace
815-6 officer only during the actual discharge of official duties. A
815-7 reserve deputy constable, regardless of whether the reserve deputy
815-8 constable is a peace officer as described by Article 2.12, Code of
815-9 Criminal Procedure, is not:
815-10 (1) eligible for participation in any program provided
815-11 by the county that is normally considered a financial benefit of
815-12 full-time employment or for any pension fund created by statute for
815-13 the benefit of full-time paid peace officers; or
815-14 (2) exempt from Chapter 1702, Occupations Code [the
815-15 Private Investigators and Private Security Agencies Act (Article
815-16 4413(29bb), Vernon's Texas Civil Statutes)].
815-17 SECTION 14.823. Section 231.104(b), Local Government Code, is
815-18 amended to read as follows:
815-19 (b) The commissioners court may not adopt an ordinance in
815-20 conflict with Chapter 2154, Occupations [Article 5.43-4, Insurance]
815-21 Code, or with any rule adopted under that chapter [article]. An
815-22 ordinance adopted in conflict with that chapter [article] is void.
815-23 SECTION 14.824. Section 235.003(b), Local Government Code, as
815-24 renumbered by Article 12 of this Act from Section 236.003(b), Local
815-25 Government Code, is amended to read as follows:
815-26 (b) The commissioners court may not adopt a rule under this
815-27 chapter that:
816-1 (1) authorizes the county fire marshal to regulate the
816-2 transportation of explosives if the point of origin and the
816-3 destination are outside the county; or
816-4 (2) regulates a product or activity licensed or
816-5 regulated under Chapter 2154, Occupations [Article 5.43-4,
816-6 Insurance] Code, or a rule adopted under that chapter [article].
816-7 SECTION 14.825. Section 341.012(h), Local Government Code, is
816-8 amended to read as follows:
816-9 (h) Reserve police officers may act only in a supplementary
816-10 capacity to the regular police force and may not assume the
816-11 full-time duties of regular police officers without complying with
816-12 the requirements for regular police officers. On approval of the
816-13 appointment of a member who is a peace officer as described by
816-14 Article 2.12, Code of Criminal Procedure, the chief of police may
816-15 authorize the person appointed to carry a weapon or act as a peace
816-16 officer at all times, regardless of whether the person is engaged
816-17 in the actual discharge of official duties, or may limit the
816-18 authority of the person to carry a weapon or act as a peace officer
816-19 to only those times during which the person is engaged in the
816-20 actual discharge of official duties. A reserve police officer,
816-21 regardless of whether the reserve police officer is a peace officer
816-22 as described by Article 2.12, Code of Criminal Procedure, is not:
816-23 (1) eligible for participation in any program provided
816-24 by the governing body that is normally considered a financial
816-25 benefit of full-time employment or for any pension fund created by
816-26 statute for the benefit of full-time paid peace officers; or
816-27 (2) exempt from Chapter 1702, Occupations Code [the
817-1 Private Investigators and Private Security Agencies Act (Article
817-2 4413(29bb), Vernon's Texas Civil Statutes)].
817-3 SECTION 14.826. Section 453.304, Occupations Code, is amended
817-4 to read as follows:
817-5 Sec. 453.304. PROHIBITED PRACTICE. It is a violation of this
817-6 chapter for an individual licensed by the board to violate Section
817-7 102.001 [161.091, Health and Safety Code].
817-8 SECTION 14.827. Section 605.352, Occupations Code, is amended
817-9 to read as follows:
817-10 Sec. 605.352. VIOLATION OF SECTION 102.001 [HEALTH AND
817-11 SAFETY CODE]. A person licensed under this chapter is considered
817-12 to have violated this chapter if the person violates Section
817-13 102.001 [161.091, Health and Safety Code].
817-14 SECTION 14.828. Section 16.06(d), Penal Code, is amended to
817-15 read as follows:
817-16 (d) It is an affirmative defense to prosecution under this
817-17 section that the person:
817-18 (1) obtained the effective consent of the owner or
817-19 lessee of the motor vehicle before the electronic or mechanical
817-20 tracking device was installed;
817-21 (2) was a peace officer who installed the device in
817-22 the course of a criminal investigation or pursuant to an order of a
817-23 court to gather information for a law enforcement agency;
817-24 (3) assisted another whom the person reasonably
817-25 believed to be a peace officer authorized to install the device in
817-26 the course of a criminal investigation or pursuant to an order of a
817-27 court to gather information for a law enforcement agency; or
818-1 (4) was a private investigator licensed under Chapter
818-2 1702, Occupations Code, [the Private Investigators and Private
818-3 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
818-4 Statutes)] who installed the device:
818-5 (A) with written consent:
818-6 (i) to install the device given by the
818-7 owner or lessee of the motor vehicle; and
818-8 (ii) to enter private residential
818-9 property, if that entry was necessary to install the device, given
818-10 by the owner or lessee of the property; or
818-11 (B) pursuant to an order of or other
818-12 authorization from a court to gather information.
818-13 SECTION 14.829. Sections 22.011(c)(3) and (4), Penal Code,
818-14 are amended to read as follows:
818-15 (3) "Health care services provider" means:
818-16 (A) a physician licensed under Subtitle B, Title
818-17 3, Occupations Code [the Medical Practice Act (Article 4495b,
818-18 Vernon's Texas Civil Statutes)];
818-19 (B) a chiropractor licensed under Chapter 201,
818-20 Occupations Code [94, Acts of the 51st Legislature, Regular
818-21 Session, 1949 (Article 4512b, Vernon's Texas Civil Statutes)];
818-22 (C) a licensed vocational nurse licensed under
818-23 Chapter 302, Occupations Code [118, Acts of the 52nd Legislature,
818-24 1951 (Article 4528c, Vernon's Texas Civil Statutes)];
818-25 (D) a physical therapist licensed under Chapter
818-26 453, Occupations Code [836, Acts of the 62nd Legislature, Regular
818-27 Session, 1971 (Article 4512e, Vernon's Texas Civil Statutes)];
819-1 (E) a physician assistant licensed under Chapter
819-2 204, Occupations Code [the Physician Assistant Licensing Act
819-3 (Article 4495b-1, Vernon's Texas Civil Statutes)]; or
819-4 (F) a registered nurse or an advanced practice
819-5 nurse licensed under Chapter 301, Occupations Code [7, Title 71,
819-6 Revised Statutes].
819-7 (4) "Mental health services provider" means an
819-8 individual, licensed or unlicensed, who performs or purports to
819-9 perform mental health services, including a:
819-10 (A) licensed social worker as defined by Section
819-11 505.002, Occupations [50.001, Human Resources] Code;
819-12 (B) chemical dependency counselor as defined by
819-13 Section 504.001, Occupations Code [1, Chapter 635, Acts of the 72nd
819-14 Legislature, Regular Session, 1991 (Article 4512o, Vernon's Texas
819-15 Civil Statutes)];
819-16 (C) licensed professional counselor as defined
819-17 by Section 503.002, Occupations Code [2, Licensed Professional
819-18 Counselor Act (Article 4512g, Vernon's Texas Civil Statutes)];
819-19 (D) licensed marriage and family therapist as
819-20 defined by Section 502.002, Occupations Code [2, Licensed Marriage
819-21 and Family Therapist Act (Article 4512c-1, Vernon's Texas Civil
819-22 Statutes)];
819-23 (E) member of the clergy;
819-24 (F) psychologist offering psychological services
819-25 as defined by Section 501.003, Occupations Code [2, Psychologists'
819-26 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes)]; or
819-27 (G) special officer for mental health assignment
820-1 certified under Section 1701.404, Occupations [415.037, Government]
820-2 Code.
820-3 SECTION 14.830. Section 35.01(2), Penal Code, is amended to
820-4 read as follows:
820-5 (2) "Health care provider" means a person who renders
820-6 health care services or an agent or employee of an organization
820-7 that renders or provides a facility and means to render health care
820-8 services. The term includes a physician, surgeon, person who may
820-9 be selected by an insured or a beneficiary under Article 21.52,
820-10 Insurance Code, and person defined as a provider of health care
820-11 under Section 152.003, Occupations Code [2.05(d)(1), Medical
820-12 Practice Act (Article 4495b, Vernon's Texas Civil Statutes)].
820-13 SECTION 14.831. Section 37.12(c), Penal Code, is amended to
820-14 read as follows:
820-15 (c) In this section, "reserve law enforcement officer" has
820-16 the same meaning as is given that term in Section 1701.001,
820-17 Occupations [415.001, Government] Code.
820-18 SECTION 14.832. Sections 43.251(a)(2) and (3), Penal Code,
820-19 are amended to read as follows:
820-20 (2) "Massage" has the meaning assigned to the term
820-21 "massage therapy" by Section 455.001, Occupations Code [1, Chapter
820-22 752, Acts of the 69th Legislature, Regular Session, 1985 (Article
820-23 4512k, Vernon's Texas Civil Statutes)].
820-24 (3) "Massage establishment" has the meaning assigned
820-25 by Section 455.001, Occupations Code [1, Chapter 752, Acts of the
820-26 69th Legislature, Regular Session, 1985 (Article 4512k, Vernon's
820-27 Texas Civil Statutes)].
821-1 SECTION 14.833. Section 46.035(e), Penal Code, is amended to
821-2 read as follows:
821-3 (e) A license holder who is licensed as a security officer
821-4 under Chapter 1702, Occupations Code, [the Private Investigators
821-5 and Private Security Agencies Act (Article 4413(29bb), Vernon's
821-6 Texas Civil Statutes)] and employed as a security officer commits
821-7 an offense if, while in the course and scope of the security
821-8 officer's employment, the security officer violates a provision of
821-9 Subchapter H, Chapter 411, Government Code.
821-10 SECTION 14.834. Section 47.02(c), Penal Code, is amended to
821-11 read as follows:
821-12 (c) It is a defense to prosecution under this section that
821-13 the actor reasonably believed that the conduct:
821-14 (1) was permitted under Chapter 2001, Occupations Code
821-15 [the Bingo Enabling Act (Article 179d, Vernon's Texas Civil
821-16 Statutes)];
821-17 (2) was permitted under Chapter 2002, Occupations Code
821-18 [the Charitable Raffle Enabling Act (Article 179f, Revised
821-19 Statutes)];
821-20 (3) consisted entirely of participation in the state
821-21 lottery authorized by the State Lottery Act (Chapter 466,
821-22 Government Code);
821-23 (4) was permitted under the Texas Racing Act (Article
821-24 179e, Vernon's Texas Civil Statutes); or
821-25 (5) consisted entirely of participation in a drawing
821-26 for the opportunity to participate in a hunting, fishing, or other
821-27 recreational event conducted by the Parks and Wildlife Department.
822-1 SECTION 14.835. Section 47.09(a), Penal Code, is amended to
822-2 read as follows:
822-3 (a) It is a defense to prosecution under this chapter that
822-4 the conduct:
822-5 (1) was authorized under:
822-6 (A) Chapter 2001, Occupations Code [the Bingo
822-7 Enabling Act (Article 179d, Vernon's Texas Civil Statutes)];
822-8 (B) Chapter 2002, Occupations Code; or
822-9 (C) the Texas Racing Act (Article 179e, Vernon's
822-10 Texas Civil Statutes)[; or]
822-11 [(C) the Charitable Raffle Enabling Act (Article
822-12 179f, Revised Statutes)];
822-13 (2) consisted entirely of participation in the state
822-14 lottery authorized by Chapter 466, Government Code; or
822-15 (3) was a necessary incident to the operation of the
822-16 state lottery and was directly or indirectly authorized by:
822-17 (A) Chapter 466, Government Code;
822-18 (B) the lottery division of the Texas Lottery
822-19 Commission;
822-20 (C) the Texas Lottery Commission; or
822-21 (D) the director of the lottery division of the
822-22 Texas Lottery Commission.
822-23 SECTION 14.836. Section 112.058(f), Tax Code, is amended to
822-24 correct references and to reflect the terminology used by
822-25 Subchapter K, Chapter 2001, Occupations Code, for the amounts
822-26 imposed and collected for the state under that subchapter to read
822-27 as follows:
823-1 (f) All protest payments of taxes or of fees on prizes
823-2 imposed by and collected for the state under Chapter 2001,
823-3 Occupations Code, [the Bingo Enabling Act (Article 179d, Vernon's
823-4 Texas Civil Statutes)] that become due on or after September 1,
823-5 1993, are governed by Subchapter J, Chapter 403, Government Code.
823-6 SECTION 14.837. Section 151.0075, Tax Code, is amended to
823-7 read as follows:
823-8 Sec. 151.0075. "SECURITY SERVICE." "Security service" means
823-9 service for which a license is required under Section 1702.101 or
823-10 1702.102, Occupations Code [Section 13, Private Investigators and
823-11 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
823-12 Civil Statutes)].
823-13 SECTION 14.838. Section 662.008(b), Transportation Code, is
823-14 amended to read as follows:
823-15 (b) Before the designated state agency may deny, suspend, or
823-16 cancel the approval of a program sponsor or an instructor, notice
823-17 and opportunity for a hearing must be given as provided by:
823-18 (1) Chapter 2001, Government Code; and
823-19 (2) Chapter 53, Occupations Code [Article 6252-13c,
823-20 Revised Statutes; and]
823-21 [(3) Sections 2 through 5, Chapter 267, Acts of the
823-22 67th Legislature, Regular Session, 1981 (Article 6252-13d, Vernon's
823-23 Texas Civil Statutes)].
823-24 SECTION 14.839. Section 663.017(b), Transportation Code, is
823-25 amended to read as follows:
823-26 (b) Before the designated division or agency may deny,
823-27 suspend, or cancel the approval of a program sponsor or an
824-1 instructor, notice and opportunity for a hearing must be given as
824-2 provided by:
824-3 (1) Chapter 2001, Government Code; and
824-4 (2) Chapter 53, Occupations Code [Article 6252-13c,
824-5 Revised Statutes; and]
824-6 [(3) Sections 2 through 5, Chapter 267, Acts of the
824-7 67th Legislature, Regular Session, 1981 (Article 6252-13d, Vernon's
824-8 Texas Civil Statutes)].
824-9 SECTION 14.840. Section 681.010(b), Transportation Code, is
824-10 amended to read as follows:
824-11 (b) A security officer commissioned under Chapter 1702,
824-12 Occupations Code, [the Private Investigators and Private Security
824-13 Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes)]
824-14 and employed by the owner of private property may file a charge
824-15 against a person who commits an offense under this chapter at a
824-16 parking space or area designated by the owner of the property as
824-17 provided by Section 681.009.
824-18 ARTICLE 15. CHANGES RELATING TO PARKS AND WILDLIFE CODE
824-19 SECTION 15.001. Section 62.017, Parks and Wildlife Code, as
824-20 added by Chapters 851 and 959, Acts of the 76th Legislature,
824-21 Regular Session, 1999, is reenacted to read as follows:
824-22 Sec. 62.017. DISPOSITION OF SEIZED PROPERTY. (a) If a
824-23 person is finally convicted of an offense under Section 62.003,
824-24 62.004, 62.005, or 62.011(c), the court entering judgment of
824-25 conviction may order any weapon or other personal property used in
824-26 the commission of the offense destroyed or forfeited to the
824-27 department.
825-1 (b) If the department receives a forfeiture order from a
825-2 court as authorized by this section, the department may:
825-3 (1) use the property in its normal operation;
825-4 (2) sell or transfer the property; or
825-5 (3) destroy the property.
825-6 (c) This section does not apply to a vehicle, aircraft, or
825-7 vessel.
825-8 (d) If the disposition of property under this section is by
825-9 sale of the property, the sale proceeds shall be deposited in the
825-10 game, fish, and water safety account.
825-11 ARTICLE 16. CHANGES RELATING TO PENAL CODE
825-12 SECTION 16.001. Section 28.08(e), Penal Code, as amended by
825-13 Chapters 166 and 695, Acts of the 76th Legislature, Regular
825-14 Session, 1999, is amended to properly number subdivisions to read
825-15 as follows:
825-16 (e) In this section:
825-17 (1) "Aerosol paint" means an aerosolized paint
825-18 product.
825-19 (2) "Etching or engraving device" means a device that
825-20 makes a delineation or impression on tangible property, regardless
825-21 of the manufacturer's intended use for that device.
825-22 (3) "Indelible marker" means a device that makes a
825-23 mark with a paint or ink product that is specifically formulated to
825-24 be more difficult to erase, wash out, or remove than ordinary paint
825-25 or ink products.
825-26 (4) [(3)] "Institution of higher education" has the
825-27 meaning assigned by Section 481.134, Health and Safety Code.
826-1 (5) [(4)] "School" means a private or public
826-2 elementary or secondary school.
826-3 SECTION 16.002. Section 30.05(d), Penal Code, as amended by
826-4 Chapters 169 and 765, Acts of the 76th Legislature, Regular
826-5 Session, 1999, is reenacted to read as follows:
826-6 (d) An offense under Subsection (e) is a Class C misdemeanor
826-7 unless it is committed in a habitation or unless the actor carries
826-8 a deadly weapon on or about the actor's person during the
826-9 commission of the offense, in which event it is a Class A
826-10 misdemeanor. An offense under Subsection (a) is a Class B
826-11 misdemeanor, except that the offense is a Class A misdemeanor if:
826-12 (1) the offense is committed:
826-13 (A) in a habitation or a shelter center; or
826-14 (B) on a Superfund site; or
826-15 (2) the actor carries a deadly weapon on or about his
826-16 person during the commission of the offense.
826-17 SECTION 16.003. The heading to Section 49.03, Penal Code, is
826-18 amended to conform the heading of that section to the substance of
826-19 that section to read as follows:
826-20 Sec. 49.03. CONSUMPTION [OR POSSESSION] OF ALCOHOLIC
826-21 BEVERAGE IN MOTOR VEHICLE.
826-22 ARTICLE 17. CHANGES RELATING TO PROPERTY CODE
826-23 SECTION 17.001. (a) Section 92.158, Property Code, as
826-24 amended by Chapter 48, Acts of the 73rd Legislature, Regular
826-25 Session, 1993, is renumbered as Section 92.1641, Property Code, and
826-26 amended to read as follows:
826-27 Sec. 92.1641 [92.158]. LANDLORD'S DEFENSES RELATING TO
827-1 INSTALLING OR REKEYING CERTAIN SECURITY DEVICES. The landlord has a
827-2 defense to liability under Section 92.164 [92.156] if:
827-3 (1) the tenant has not fully paid all rent then due
827-4 from the tenant on the date the tenant gives a request under
827-5 Subsection (a) of Section 92.157 [92.153] or the notice required by
827-6 Section 92.164 [92.156]; or
827-7 (2) on the date the tenant terminates the lease or
827-8 files suit the tenant has not fully paid costs requested by the
827-9 landlord and authorized by Section 92.162 [92.154].
827-10 (b) The heading of Section 92.167, Property Code, is amended
827-11 to read as follows:
827-12 Sec. 92.167. LANDLORD'S DEFENSES RELATING TO COMPLIANCE WITH
827-13 TENANT'S REQUEST.
827-14 SECTION 17.002. Section 142.004(a), Property Code, as amended
827-15 by Chapters 94 and 195, Acts of the 76th Legislature, Regular
827-16 Session, 1999, is reenacted and amended to read as follows:
827-17 (a) In a suit in which a minor or incapacitated person who
827-18 has no legal guardian is represented by a next friend or an
827-19 appointed guardian ad litem, any money recovered by the plaintiff,
827-20 if not otherwise managed under this chapter, may be invested:
827-21 (1) by the next friend or guardian ad litem in:
827-22 (A) the Texas tomorrow fund established by
827-23 Subchapter F, Chapter 54, Education Code; or
827-24 (B) interest-bearing time deposits in a
827-25 financial institution doing business in this state and insured by
827-26 the Federal Deposit Insurance Corporation; or
827-27 (2) by the clerk of the court, on written order of the
828-1 court of proper jurisdiction, in:
828-2 (A) the Texas tomorrow fund established by
828-3 Subchapter F, Chapter 54, Education Code;
828-4 (B) interest-bearing deposits in a financial
828-5 institution doing business in this state and [that is] insured by
828-6 the Federal Deposit Insurance Corporation;
828-7 (C) [(B)] United States treasury bills;
828-8 (D) [(C)] an eligible interlocal investment pool
828-9 that meets the requirements of Sections 2256.016, 2256.017, and
828-10 2256.019, Government Code; or
828-11 (E) [(D)] a no-load money market mutual fund, if
828-12 the fund:
828-13 (i) is regulated by the Securities and
828-14 Exchange Commission;
828-15 (ii) has a dollar weighted average stated
828-16 maturity of 90 days or fewer; and
828-17 (iii) includes in its investment
828-18 objectives the maintenance of a stable net asset value of $1 for
828-19 each share[; or]
828-20 [(E) the Texas tomorrow fund established by
828-21 Subchapter F, Chapter 54, Education Code].
828-22 SECTION 17.003. Section 301.003, Property Code, is amended to
828-23 more accurately reflect the law from which it was derived by adding
828-24 Subdivision (12) to read as follows:
828-25 (12) "Person" means:
828-26 (A) an individual;
828-27 (B) a corporation, partnership, association,
829-1 unincorporated organization, labor organization, mutual company,
829-2 joint-stock company, and trust; and
829-3 (C) a legal representative, a trustee, a trustee
829-4 in a case under Title 11, U.S.C., a receiver, and a fiduciary.
829-5 ARTICLE 18. CHANGES RELATING TO TAX CODE
829-6 SECTION 18.001. (a) Section 11.18, Tax Code, as amended by
829-7 Chapters 138, 266, 924, and 1443, Acts of the 76th Legislature,
829-8 Regular Session, 1999, is reenacted and amended as Sections 11.18
829-9 and 11.1801, Subchapter B, Chapter 11, Tax Code, to read as
829-10 follows:
829-11 Sec. 11.18. CHARITABLE ORGANIZATIONS. (a) An organization
829-12 that qualifies as a charitable organization as provided by this
829-13 section is entitled to an exemption from taxation of:
829-14 (1) the buildings and tangible personal property that:
829-15 (A) are owned by the charitable organization;
829-16 and
829-17 (B) except as permitted by Subsection (b), are
829-18 used exclusively by qualified charitable organizations; and
829-19 (2) the real property owned by the charitable
829-20 organization consisting of:
829-21 (A) an incomplete improvement that:
829-22 (i) is under active construction or other
829-23 physical preparation; and
829-24 (ii) is designed and intended to be used
829-25 exclusively by qualified charitable organizations; and
829-26 (B) the land on which the incomplete improvement
829-27 is located that will be reasonably necessary for the use of the
830-1 improvement by qualified charitable organizations.
830-2 (b) Use of exempt property by persons who are not charitable
830-3 organizations qualified as provided by this section does not result
830-4 in the loss of an exemption authorized by this section if the use
830-5 is incidental to use by qualified charitable organizations and
830-6 limited to activities that benefit the beneficiaries of the
830-7 charitable organizations that own or use the property.
830-8 (c) To qualify as a charitable organization for the purposes
830-9 of this section, an organization, whether operated by an
830-10 individual, or as a corporation, [as a] foundation, [as a] trust,
830-11 or [as an] association, must meet the applicable requirements of
830-12 Subsections (d), (e), (f), and (g) [of this section].
830-13 (d) A charitable organization must be organized exclusively
830-14 to perform religious, charitable, scientific, literary, or
830-15 educational purposes and, except as permitted by Subsections (h)
830-16 and (l) [of this section], engage exclusively in performing one or
830-17 more of the following charitable functions:
830-18 (1) providing medical care without regard to the
830-19 beneficiaries' ability to pay, which in the case of a nonprofit
830-20 hospital or hospital system means providing charity care and
830-21 community benefits in accordance with Section 11.1801 [as set forth
830-22 in Paragraph (A), (B), (C), (D), (E), (F), (G), or (H):]
830-23 [(A) charity care and government-sponsored
830-24 indigent health care are provided at a level which is reasonable in
830-25 relation to the community needs, as determined through the
830-26 community needs assessment, the available resources of the hospital
830-27 or hospital system, and the tax-exempt benefits received by the
831-1 hospital or hospital system;]
831-2 [(B) charity care and government-sponsored
831-3 indigent health care are provided in an amount equal to at least
831-4 four percent of the hospital's or hospital system's net patient
831-5 revenue;]
831-6 [(C) charity care and government-sponsored
831-7 indigent health care are provided in an amount equal to at least
831-8 100 percent of the hospital's or hospital system's tax-exempt
831-9 benefits, excluding federal income tax;]
831-10 [(D) a nonprofit hospital that has been
831-11 designated as a disproportionate share hospital under the state
831-12 Medicaid program in the current year or in either of the previous
831-13 two fiscal years shall be considered to have provided a reasonable
831-14 amount of charity care and government-sponsored indigent health
831-15 care and shall be deemed in compliance with the standards in this
831-16 subsection;]
831-17 [(E) for tax years before 1996, charity care and
831-18 community benefits are provided in a combined amount equal to at
831-19 least five percent of the hospital's or hospital system's net
831-20 patient revenue, provided that charity care and
831-21 government-sponsored indigent health care are provided in an amount
831-22 equal to at least three percent of net patient revenue;]
831-23 [(F) beginning with the hospital's or hospital
831-24 system's tax year starting after 1995, charity care and community
831-25 benefits are provided in a combined amount equal to at least five
831-26 percent of the hospital's or hospital system's net patient revenue,
831-27 provided that charity care and government-sponsored indigent health
832-1 care are provided in an amount equal to at least four percent of
832-2 net patient revenue;]
832-3 [(G) a hospital operated on a nonprofit basis
832-4 that is located in a county with a population of less than 50,000
832-5 and in which the entire county or the population of the entire
832-6 county has been designated as a health professionals shortage area
832-7 is considered to be in compliance with the standards provided by
832-8 this subsection; or]
832-9 [(H) a hospital providing health care services
832-10 to inpatients or outpatients without receiving any payment for
832-11 providing those services from any source, including the patient or
832-12 person legally obligated to support the patient, third-party
832-13 payors, Medicare, Medicaid, or any other state or local indigent
832-14 care program but excluding charitable donations, legacies,
832-15 bequests, or grants or payments for research, is considered to be
832-16 in compliance with the standards provided by this subsection];
832-17 (2) providing support or relief to orphans,
832-18 delinquent, dependent, or handicapped children in need of
832-19 residential care, abused or battered spouses or children in need of
832-20 temporary shelter, the impoverished, or victims of natural disaster
832-21 without regard to the beneficiaries' ability to pay;
832-22 (3) providing support to elderly persons, including
832-23 the provision of recreational or social activities and facilities
832-24 designed to address the special needs of elderly persons, or to the
832-25 handicapped, without regard to the beneficiaries' ability to pay;
832-26 (4) preserving a historical landmark or site;
832-27 (5) promoting or operating a museum, zoo, library,
833-1 theater of the dramatic or performing arts, or symphony orchestra
833-2 or choir;
833-3 (6) promoting or providing humane treatment of
833-4 animals;
833-5 (7) acquiring, storing, transporting, selling, or
833-6 distributing water for public use;
833-7 (8) answering fire alarms and extinguishing fires with
833-8 no compensation or only nominal compensation to the members of the
833-9 organization;
833-10 (9) promoting the athletic development of boys or
833-11 girls under the age of 18 years;
833-12 (10) preserving or conserving wildlife;
833-13 (11) promoting educational development through loans
833-14 or scholarships to students;
833-15 (12) providing halfway house services pursuant to a
833-16 certification as a halfway house by the pardons and paroles
833-17 division of the Texas Department of Criminal Justice [Board of
833-18 Pardons and Paroles];
833-19 (13) providing permanent housing and related social,
833-20 health care, and educational facilities for persons who are 62
833-21 years of age or older without regard to the residents' ability to
833-22 pay;
833-23 (14) promoting or operating an art gallery, museum, or
833-24 collection, in a permanent location or on tour, that is open to the
833-25 public;
833-26 (15) providing for the organized solicitation and
833-27 collection for distributions through gifts, grants, and agreements
834-1 to nonprofit charitable, education, religious, and youth
834-2 organizations that provide direct human, health, and welfare
834-3 services;
834-4 (16) performing biomedical or scientific research or
834-5 biomedical or scientific education for the benefit of the public;
834-6 (17) operating a television station that produces or
834-7 broadcasts educational, cultural, or other public interest
834-8 programming and that receives grants from the Corporation for
834-9 Public Broadcasting under 47 U.S.C. Section 396, as amended [and
834-10 its subsequent amendments];
834-11 (18) providing housing for low-income and
834-12 moderate-income families, for unmarried individuals 62 years of age
834-13 or older, for handicapped individuals, and for families displaced
834-14 by urban renewal, through the use of trust assets that are
834-15 irrevocably and, pursuant to a contract entered into before
834-16 December 31, 1972, contractually dedicated on the sale or
834-17 disposition of the housing to a charitable organization that
834-18 performs charitable functions described by Subdivision (9);
834-19 (19) providing housing and related services to persons
834-20 who are 62 years of age or older in a retirement community, if the
834-21 retirement community provides independent living services, assisted
834-22 living services, and nursing services to its residents on a single
834-23 campus:
834-24 (A) without regard to the residents' ability to
834-25 pay; or
834-26 (B) in which at least four percent of the
834-27 retirement community's combined net resident revenue is provided in
835-1 charitable care to its residents; or
835-2 (20) providing housing on a cooperative basis to
835-3 students of an institution of higher education if:
835-4 (A) the organization is exempt from federal
835-5 income taxation under Section 501(a), [of the] Internal Revenue
835-6 Code of 1986, as amended [and its subsequent amendments], by being
835-7 listed as an exempt entity under Section 501(c)(3) of that code;
835-8 (B) membership in the organization is open to
835-9 all students enrolled in the institution and is not limited to
835-10 those chosen by current members of the organization;
835-11 (C) the organization is governed by its members;
835-12 and
835-13 (D) the members of the organization share the
835-14 responsibility for managing the housing.
835-15 [For purposes of satisfying Paragraph (F) of Subdivision (1),
835-16 a hospital or hospital system may not change its existing fiscal
835-17 year unless the hospital or hospital system changes its ownership
835-18 or corporate structure as a result of a sale or merger.]
835-19 [For purposes of this subsection, a hospital that satisfies
835-20 Paragraph (A), (D), (G), or (H) of Subdivision (1) shall be
835-21 excluded in determining a hospital system's compliance with the
835-22 standards provided by Paragraph (B), (C), (E), or (F) of
835-23 Subdivision (1).]
835-24 [For purposes of this subsection, the terms "charity care,"
835-25 "government-sponsored indigent health care," "health care
835-26 organization," "hospital system," "net patient revenue," "nonprofit
835-27 hospital," and "tax-exempt benefits" have the meanings set forth in
836-1 Sections 311.031 and 311.042, Health and Safety Code. A
836-2 determination of the amount of community benefits and charity care
836-3 and government-sponsored indigent health care provided by a
836-4 hospital or hospital system and the hospital's or hospital system's
836-5 compliance with the requirements of Section 311.045, Health and
836-6 Safety Code, shall be based on the most recently completed and
836-7 audited prior fiscal year of the hospital or hospital system.]
836-8 [The providing of charity care and government-sponsored
836-9 indigent health care in accordance with Paragraph (A) of
836-10 Subdivision (1) shall be guided by the prudent business judgment of
836-11 the hospital which will ultimately determine the appropriate level
836-12 of charity care and government-sponsored indigent health care based
836-13 on the community needs, the available resources of the hospital,
836-14 the tax-exempt benefits received by the hospital, and other factors
836-15 that may be unique to the hospital, such as the hospital's volume
836-16 of Medicare and Medicaid patients. These criteria shall not be
836-17 determinative factors, but shall be guidelines contributing to the
836-18 hospital's decision along with other factors which may be unique to
836-19 the hospital. The formulas contained in Paragraphs (B), (C), (E),
836-20 and (F) of Subdivision (1) shall also not be considered
836-21 determinative of a reasonable amount of charity care and
836-22 government-sponsored indigent health care.]
836-23 [The requirements of this subsection shall not apply to the
836-24 extent a hospital or hospital system demonstrates that reductions
836-25 in the amount of community benefits, charity care, and
836-26 government-sponsored indigent health care are necessary to maintain
836-27 financial reserves at a level required by a bond covenant, are
837-1 necessary to prevent the hospital or hospital system from
837-2 endangering its ability to continue operations, or if the hospital
837-3 or hospital system, as a result of a natural or other disaster, is
837-4 required substantially to curtail its operations.]
837-5 [In any fiscal year that a hospital or hospital system,
837-6 through unintended miscalculation, fails to meet any of the
837-7 standards in Subdivision (1), the hospital or hospital system shall
837-8 not lose its tax-exempt status without the opportunity to cure the
837-9 miscalculation in the fiscal year following the fiscal year the
837-10 failure is discovered by both meeting one of the standards and
837-11 providing an additional amount of charity care and
837-12 government-sponsored indigent health care that is equal to the
837-13 shortfall from the previous fiscal year. A hospital or hospital
837-14 system may apply this provision only once every five years.]
837-15 (e) A charitable organization must be operated in a way that
837-16 does not result in accrual of distributable profits, realization of
837-17 private gain resulting from payment of compensation in excess of a
837-18 reasonable allowance for salary or other compensation for services
837-19 rendered, or realization of any other form of private gain and, if
837-20 the organization performs one or more of the charitable functions
837-21 specified by Subsection (d) [of this section] other than a function
837-22 specified by [in] Subdivision (1), (2), (8), (9), (12), (16), or
837-23 (18), be organized as a nonprofit corporation as defined by the
837-24 Texas Non-Profit Corporation Act (Article 1396-1.01 et seq.,
837-25 Vernon's Texas Civil Statutes).
837-26 (f) A charitable organization must:
837-27 (1) use its assets in performing the organization's
838-1 charitable functions or the charitable functions of another
838-2 charitable organization; and
838-3 (2) by charter, bylaw, or other regulation adopted by
838-4 the organization to govern its affairs direct that on
838-5 discontinuance of the organization by dissolution or otherwise:
838-6 (A) the assets are to be transferred to this
838-7 state, the United States, or an educational, religious, charitable,
838-8 or other similar organization that is qualified as a charitable
838-9 organization under Section 501(c)(3), Internal Revenue Code of
838-10 1986, as amended; or
838-11 (B) if required for the organization to qualify
838-12 as a tax-exempt organization under Section 501(c)(12), Internal
838-13 Revenue Code of 1986, as amended, the assets are to be transferred
838-14 directly to the organization's members, each of whom, by
838-15 application for an acceptance of membership in the organization,
838-16 has agreed to immediately transfer those assets to this state or to
838-17 an educational, religious, charitable, or other similar
838-18 organization that is qualified as a charitable organization under
838-19 Section 501(c)(3), Internal Revenue Code of 1986, as amended, as
838-20 designated in the bylaws, charter, or regulation adopted by the
838-21 organization.
838-22 (g) A charitable organization that performs a charitable
838-23 function specified by Subsection (d)(15) [of this section] must:
838-24 (1) be affiliated with a state or national
838-25 organization that authorizes, approves, or sanctions volunteer
838-26 charitable fundraising organizations;
838-27 (2) qualify for exemption under Section 501(c)(3),
839-1 Internal Revenue Code of 1986, as amended;
839-2 (3) be governed by a volunteer board of directors; and
839-3 (4) distribute contributions to at least five other
839-4 associations to be used for general charitable purposes, with all
839-5 recipients meeting the following criteria:
839-6 (A) be governed by a volunteer board of
839-7 directors;
839-8 (B) qualify for exemption under Section
839-9 501(c)(3), Internal Revenue Code of 1986, as amended;
839-10 (C) receive a majority of annual revenue from
839-11 private or corporate charitable gifts and government agencies; and
839-12 (D) provide services without regard to the
839-13 ability of persons receiving the services to pay for the services.
839-14 (h) Performance of noncharitable functions by a charitable
839-15 organization that owns or uses exempt property does not result in
839-16 loss of an exemption authorized by this section if those other
839-17 functions are incidental to the organization's charitable
839-18 functions. The division of responsibilities between an
839-19 organization that qualifies as a charitable organization under
839-20 Subsection (c) and another organization will not disqualify the
839-21 organizations or any property owned or used by either organization
839-22 from receiving an exemption under this section if the collaboration
839-23 furthers the provision of one or more of the charitable functions
839-24 described in Subsection (d) and if the other organization:
839-25 (1) is exempt from federal income taxation under
839-26 Section 501(a), Internal Revenue Code of 1986, as an organization
839-27 described by Section 501(c)(3) of that code;
840-1 (2) meets the criteria for a charitable organization
840-2 under Subsections (e) and (f); and
840-3 (3) is under common control with the charitable
840-4 organization described in this subsection.
840-5 (i) In this section, "building" includes the land that is
840-6 reasonably necessary for use of, access to, and ornamentation of
840-7 the building.
840-8 (j) The exemption of an organization preserving or
840-9 conserving wildlife is limited to land and improvements and may not
840-10 exceed 1,000 acres in any one county.
840-11 (k) In connection with a nursing home or retirement
840-12 community, for purposes of Subsection (d):
840-13 (1) "Assisted living services" means responsible adult
840-14 supervision of or assistance with routine living functions of an
840-15 individual in instances where the individual's condition
840-16 necessitates that supervision or assistance.
840-17 (2) "Charity care," "government-sponsored indigent
840-18 health care," and "net resident revenue" are determined in the same
840-19 manner for a retirement community or nursing home as for a hospital
840-20 under Section 11.1801(a)(2) [Subsection (d)(1)(B)].
840-21 (3) "Nursing care services" includes services provided
840-22 by nursing personnel, including patient observation, the promotion
840-23 and maintenance of health, prevention of illness or disability,
840-24 guidance and counseling to individuals and families, and referral
840-25 of patients to physicians, other health care providers, or
840-26 community resources if appropriate.
840-27 (4) "Retirement community" means a collection of
841-1 various types of housing that are under common ownership and
841-2 designed for habitation by individuals over the age of 62.
841-3 (5) "Single campus" means a facility designed to
841-4 provide multiple levels of retirement housing that is
841-5 geographically situated on a site at which all levels of housing
841-6 are contiguous to each other on a single property.
841-7 (l) A charitable organization described by Subsection (d)(3)
841-8 that provides support to elderly persons must engage primarily in
841-9 performing charitable functions described by Subsection (d)(3), but
841-10 may engage in other activities that support or are related to its
841-11 charitable functions.
841-12 (m) [(l)] A property may not be exempted under Subsection
841-13 (a)(2) for more than three years.
841-14 (n) [(m)] For purposes of Subsection (a)(2), an incomplete
841-15 improvement is under physical preparation if the charitable
841-16 organization has:
841-17 (1) engaged in architectural or engineering work, soil
841-18 testing, land clearing activities, or site improvement work
841-19 necessary for the construction of the improvement; or
841-20 (2) conducted an environmental or land use study
841-21 relating to the construction of the improvement.
841-22 Sec. 11.1801. CHARITY CARE AND COMMUNITY BENEFITS
841-23 REQUIREMENTS FOR CHARITABLE HOSPITAL. (a) To qualify as a
841-24 charitable organization under Section 11.18(d)(1), a nonprofit
841-25 hospital or hospital system must provide charity care and community
841-26 benefits as follows:
841-27 (1) charity care and government-sponsored indigent
842-1 health care must be provided at a level that is reasonable in
842-2 relation to the community needs, as determined through the
842-3 community needs assessment, the available resources of the hospital
842-4 or hospital system, and the tax-exempt benefits received by the
842-5 hospital or hospital system;
842-6 (2) charity care and government-sponsored indigent
842-7 health care must be provided in an amount equal to at least four
842-8 percent of the hospital's or hospital system's net patient revenue;
842-9 (3) charity care and government-sponsored indigent
842-10 health care must be provided in an amount equal to at least 100
842-11 percent of the hospital's or hospital system's tax-exempt benefits,
842-12 excluding federal income tax; or
842-13 (4) charity care and community benefits must be
842-14 provided in a combined amount equal to at least five percent of the
842-15 hospital's or hospital system's net patient revenue, provided that
842-16 charity care and government-sponsored indigent health care are
842-17 provided in an amount equal to at least four percent of net patient
842-18 revenue.
842-19 (b) A nonprofit hospital that has been designated as a
842-20 disproportionate share hospital under the state Medicaid program in
842-21 the current year or in either of the previous two fiscal years
842-22 shall be considered to have provided a reasonable amount of charity
842-23 care and government-sponsored indigent health care and is
842-24 considered to be in compliance with the standards in Subsection
842-25 (a).
842-26 (c) A hospital operated on a nonprofit basis that is located
842-27 in a county with a population of less than 50,000 and in which the
843-1 entire county or the population of the entire county has been
843-2 designated as a health professionals shortage area is considered to
843-3 be in compliance with the standards in Subsection (a).
843-4 (d) A hospital providing health care services to inpatients
843-5 or outpatients without receiving any payment for providing those
843-6 services from any source, including the patient or person legally
843-7 obligated to support the patient, third-party payors, Medicare,
843-8 Medicaid, or any other state or local indigent care program but
843-9 excluding charitable donations, legacies, bequests, or grants or
843-10 payments for research, is considered to be in compliance with the
843-11 standards in Subsection (a).
843-12 (e) For purposes of complying with Subsection (a)(4), a
843-13 hospital or hospital system may not change its existing fiscal year
843-14 unless the hospital or hospital system changes its ownership or
843-15 corporate structure as a result of a sale or merger.
843-16 (f) For purposes of this section, a hospital that complies
843-17 with Subsection (a)(1) or that is considered to be in compliance
843-18 with the standards in Subsection (a) under Subsection (b), (c), or
843-19 (d) shall be excluded in determining a hospital system's compliance
843-20 with the standards in Subsection (a)(2), (3), or (4).
843-21 (g) For purposes of this section, "charity care,"
843-22 "government-sponsored indigent health care," "health care
843-23 organization," "hospital system," "net patient revenue," "nonprofit
843-24 hospital," and "tax-exempt benefits" have the meanings assigned by
843-25 Sections 311.031 and 311.042, Health and Safety Code. A
843-26 determination of the amount of community benefits and charity care
843-27 and government-sponsored indigent health care provided by a
844-1 hospital or hospital system and the hospital's or hospital system's
844-2 compliance with Section 311.045, Health and Safety Code, shall be
844-3 based on the most recently completed and audited prior fiscal year
844-4 of the hospital or hospital system.
844-5 (h) The providing of charity care and government-sponsored
844-6 indigent health care in accordance with Subsection (a)(1) shall be
844-7 guided by the prudent business judgment of the hospital, which will
844-8 ultimately determine the appropriate level of charity care and
844-9 government-sponsored indigent health care based on the community
844-10 needs, the available resources of the hospital, the tax-exempt
844-11 benefits received by the hospital, and other factors that may be
844-12 unique to the hospital, such as the hospital's volume of Medicare
844-13 and Medicaid patients. These criteria shall not be determinative
844-14 factors, but shall be guidelines contributing to the hospital's
844-15 decision along with other factors that may be unique to the
844-16 hospital. The formulas in Subsections (a)(2), (3), and (4) shall
844-17 also not be considered determinative of a reasonable amount of
844-18 charity care and government-sponsored indigent health care.
844-19 (i) The requirements of this section shall not apply to the
844-20 extent a hospital or hospital system demonstrates that reductions
844-21 in the amount of community benefits, charity care, and
844-22 government-sponsored indigent health care are necessary to maintain
844-23 financial reserves at a level required by a bond covenant or are
844-24 necessary to prevent the hospital or hospital system from
844-25 endangering its ability to continue operations, or if the hospital
844-26 or hospital system, as a result of a natural or other disaster, is
844-27 required substantially to curtail its operations.
845-1 (j) In any fiscal year that a hospital or hospital system,
845-2 through unintended miscalculation, fails to meet any of the
845-3 standards in Subsection (a) or fails to be considered to be in
845-4 compliance with the standards in Subsection (a) under Subsection
845-5 (b), (c), or (d), the hospital or hospital system shall not lose
845-6 its tax-exempt status without the opportunity to cure the
845-7 miscalculation in the fiscal year following the fiscal year the
845-8 failure is discovered by both meeting one of the standards and
845-9 providing an additional amount of charity care and
845-10 government-sponsored indigent health care that is equal to the
845-11 shortfall from the previous fiscal year. A hospital or hospital
845-12 system may apply this provision only once every five years.
845-13 (b) The following statutes are repealed:
845-14 (1) Section 1, Chapter 138, Acts of the 76th
845-15 Legislature, Regular Session, 1999; and
845-16 (2) Chapters 266, 924, and 1443, Acts of the 76th
845-17 Legislature, Regular Session, 1999.
845-18 SECTION 18.002. Sections 11.22(a), (b), and (d), Tax Code,
845-19 are amended to conform to the amendment of Section 2, Article VIII,
845-20 Texas Constitution, by the constitutional amendment proposed by
845-21 H.J.R. No. 68, Acts of the 74th Legislature, Regular Session, 1995,
845-22 to read as follows:
845-23 (a) A disabled veteran is entitled to an exemption from
845-24 taxation of a portion of the assessed value of a property the
845-25 veteran [he] owns and designates as provided by Subsection (f) of
845-26 this section in accordance with the following schedule:
845-27 an exemption of for a disability rating of
846-1 up to: at least: but not greater than:
846-2 $5,000 [$1,500] of the 10% 30%
846-3 assessed value
846-4 7,500 [2,000] 31 50
846-5 10,000 [2,500] 51 70
846-6 12,000 [3,000] 71 and over
846-7 (b) A disabled veteran is entitled to an exemption from
846-8 taxation of $12,000 [$3,000] of the assessed value of a property
846-9 the veteran [he] owns and designates as provided by Subsection (f)
846-10 of this section if the veteran:
846-11 (1) is 65 years of age or older and has a disability
846-12 rating of at least 10 percent;
846-13 (2) is totally blind in one or both eyes; or
846-14 (3) has lost the use of one or more limbs.
846-15 (d) If an individual dies while on active duty as a member
846-16 of the armed services of the United States:
846-17 (1) the individual's surviving spouse is entitled to
846-18 an exemption from taxation of $5,000 [$2,500] of the assessed value
846-19 of the property the spouse owns and designates as provided by
846-20 Subsection (f) of this section; and
846-21 (2) each of the individual's surviving children who is
846-22 younger than 18 years of age and unmarried is entitled to an
846-23 exemption from taxation of a portion of the assessed value of a
846-24 property the child owns and designates as provided by Subsection
846-25 (f) of this section, the amount of exemption for each eligible
846-26 child to be computed by dividing $5,000 [$2,500] by the number of
846-27 eligible children.
847-1 SECTION 18.003. Section 11.26(l), Tax Code, is amended to
847-2 omit an unnecessary reference to read as follows:
847-3 (l) For purposes of the limitation on tax increases provided
847-4 by Subsection (g) [as added by this Act or by H.B. No. 4, Acts of
847-5 the 75th Legislature, Regular Session, 1997, as applicable], the
847-6 governing body of a school district in a county with a population
847-7 of fewer than 75,000 in a manner provided by law for official
847-8 action by the governing body may elect to apply the limitation
847-9 provided by Subsection (g) to the residence homestead of an
847-10 individual as if that subsection were in effect on January 1, 1993.
847-11 The governing body must make the election before January 1, 1999.
847-12 The election applies only to taxes imposed in a tax year that
847-13 begins after the tax year in which the election is made.
847-14 SECTION 18.004. Section 11.43(j), Tax Code, as added by
847-15 Chapter 194, Acts of the 75th Legislature, Regular Session, 1997,
847-16 is repealed because it is substantively duplicative of Section
847-17 11.43(j), Tax Code, as added by Chapter 1039, Acts of the 75th
847-18 Legislature, Regular Session, 1997.
847-19 SECTION 18.005. Section 34.015, Tax Code, as amended by
847-20 Chapters 181 and 817, Acts of the 76th Legislature, Regular
847-21 Session, 1999, is redesignated as Section 253.010, Local Government
847-22 Code, and is amended to conform to the changes made by those
847-23 chapters to read as follows:
847-24 Sec. 253.010. SALE OF REAL PROPERTY TO CERTAIN NONPROFIT OR
847-25 RELIGIOUS ORGANIZATIONS. (a) Notwithstanding any other provision
847-26 of law, the governing body of a municipality may provide for the
847-27 manner in which any land acquired by the municipality may be sold
848-1 if the land is sold to:
848-2 (1) a nonprofit organization that develops housing for
848-3 low-income individuals and families as a primary activity to
848-4 promote community-based revitalization of the municipality;
848-5 (2) a nonprofit corporation described by 26 U.S.C.
848-6 Section 501(c)(3) that:
848-7 (A) has been incorporated in this state for at
848-8 least one year;
848-9 (B) has a corporate purpose to develop
848-10 affordable housing that is stated in its articles of incorporation,
848-11 bylaws, or charter;
848-12 (C) has at least one-fourth of its board of
848-13 directors residing in the municipality; and
848-14 (D) engages primarily in the building, repair,
848-15 rental, or sale of housing for low-income individuals and families;
848-16 or
848-17 (3) a religious organization that:
848-18 (A) owns other property located in the
848-19 municipality that is exempt from taxation under Section 11.20, Tax
848-20 Code; and
848-21 (B) has entered into a written agreement with
848-22 the municipality regarding the revitalization of the land.
848-23 (b) A municipality operating under this section may by
848-24 ordinance determine the individuals and families who qualify as
848-25 low-income individuals and families under Subsection (a)(1) or (2).
848-26 In adopting an ordinance under this subsection, the municipality
848-27 shall consider median income of individuals and median family
849-1 income in the area.
849-2 SECTION 18.006. Section 33.43(a), Tax Code, is amended to
849-3 correct a reference to read as follows:
849-4 (a) A petition initiating a suit to collect a delinquent
849-5 property tax is sufficient if it alleges that:
849-6 (1) the taxing unit is legally constituted and
849-7 authorized to impose and collect ad valorem taxes on property;
849-8 (2) tax in a stated amount was legally imposed on each
849-9 separately described property for each year specified and on each
849-10 person named if known who owned the property on January 1 of the
849-11 year for which the tax was imposed;
849-12 (3) the tax was imposed in the county in which the
849-13 suit is filed;
849-14 (4) the tax is delinquent;
849-15 (5) penalties, interest, and costs authorized by law
849-16 in a stated amount for each separately assessed property are due;
849-17 (6) the taxing unit is entitled to recover each
849-18 penalty that is incurred and all interest that accrues on
849-19 delinquent taxes imposed on the property from the date of the
849-20 judgment to the date of the sale under Section 34.01 or under
849-21 Section 253.010, Local Government Code [34.015], as applicable, if
849-22 the suit seeks to foreclose a tax lien;
849-23 (7) the person sued owned the property on January 1 of
849-24 the year for which the tax was imposed if the suit seeks to enforce
849-25 personal liability;
849-26 (8) the person sued owns the property when the suit is
849-27 filed if the suit seeks to foreclose a tax lien;
850-1 (9) the taxing unit asserts a lien on each separately
850-2 described property to secure the payment of all taxes, penalties,
850-3 interest, and costs due if the suit seeks to foreclose a tax lien;
850-4 (10) all things required by law to be done have been
850-5 done properly by the appropriate officials; and
850-6 (11) the attorney signing the petition is legally
850-7 authorized to prosecute the suit on behalf of the taxing unit.
850-8 SECTION 18.007. Sections 34.04(a) and (d), Tax Code, as
850-9 amended by Chapters 1185 and 1481, Acts of the 76th Legislature,
850-10 Regular Session, 1999, are reenacted to read as follows:
850-11 (a) A person, including a taxing unit, may file a petition
850-12 in the court that ordered the seizure or sale setting forth a claim
850-13 to the excess proceeds. The petition must be filed before the
850-14 second anniversary of the date of the sale of the property. The
850-15 petition is not required to be filed as an original suit separate
850-16 from the underlying suit for seizure of the property or foreclosure
850-17 of a tax lien on the property but may be filed under the cause
850-18 number of the underlying suit.
850-19 (d) Interest or costs may not be allowed under this section.
850-20 SECTION 18.008. Section 151.0101(a), Tax Code, as amended by
850-21 Chapters 394 and 405, Acts of the 76th Legislature, Regular
850-22 Session, 1999, is amended to properly number subdivisions to read
850-23 as follows:
850-24 (a) "Taxable services" means:
850-25 (1) amusement services;
850-26 (2) cable television services;
850-27 (3) personal services;
851-1 (4) motor vehicle parking and storage services;
851-2 (5) the repair, remodeling, maintenance, and
851-3 restoration of tangible personal property, except:
851-4 (A) aircraft;
851-5 (B) a ship, boat, or other vessel, other than:
851-6 (i) a taxable boat or motor as defined by
851-7 Section 160.001;
851-8 (ii) a sports fishing boat; or
851-9 (iii) any other vessel used for pleasure;
851-10 (C) the repair, maintenance, and restoration of
851-11 a motor vehicle; and
851-12 (D) the repair, maintenance, creation, and
851-13 restoration of a computer program, including its development and
851-14 modification, not sold by the person performing the repair,
851-15 maintenance, creation, or restoration service;
851-16 (6) telecommunications services;
851-17 (7) credit reporting services;
851-18 (8) debt collection services;
851-19 (9) insurance services;
851-20 (10) information services;
851-21 (11) real property services;
851-22 (12) data processing services;
851-23 (13) real property repair and remodeling;
851-24 (14) security services;
851-25 (15) telephone answering services; [and]
851-26 (16) Internet access service; and [.]
851-27 (17) [(16)] a sale by a transmission and distribution
852-1 utility, as defined in Section 31.002, Utilities Code, of
852-2 transmission or delivery of service directly to an electricity
852-3 end-use customer whose consumption of electricity is subject to
852-4 taxation under this chapter.
852-5 SECTION 18.009. Section 151.313(a), Tax Code, as amended by
852-6 Chapters 394 and 683, Acts of the 76th Legislature, Regular
852-7 Session, 1999, is reenacted to read as follows:
852-8 (a) The following items are exempted from the taxes imposed
852-9 by this chapter:
852-10 (1) a drug or medicine, other than insulin, if
852-11 prescribed or dispensed for a human or animal by a licensed
852-12 practitioner of the healing arts;
852-13 (2) insulin;
852-14 (3) a drug or medicine, without regard to whether it
852-15 is prescribed or dispensed by a licensed practitioner of the
852-16 healing arts, that is labeled with a national drug code issued by
852-17 the federal Food and Drug Administration;
852-18 (4) a hypodermic syringe or needle;
852-19 (5) a brace; hearing aid or audio loop; orthopedic,
852-20 dental, or prosthetic device; ileostomy, colostomy, or ileal
852-21 bladder appliance; or supplies or replacement parts for the listed
852-22 items;
852-23 (6) a therapeutic appliance, device, and any related
852-24 supplies specifically designed for those products, if dispensed or
852-25 prescribed by a licensed practitioner of the healing arts, when
852-26 those items are purchased and used by an individual for whom the
852-27 items listed in this subdivision were dispensed or prescribed;
853-1 (7) corrective lens and necessary and related
853-2 supplies, if dispensed or prescribed by an ophthalmologist or
853-3 optometrist;
853-4 (8) specialized printing or signalling equipment used
853-5 by the deaf for the purpose of enabling the deaf to communicate
853-6 through the use of an ordinary telephone and all materials, paper,
853-7 and printing ribbons used in that equipment;
853-8 (9) a braille wristwatch, braille writer, braille
853-9 paper and braille electronic equipment that connects to computer
853-10 equipment, and the necessary adaptive devices and adaptive computer
853-11 software;
853-12 (10) each of the following items if purchased for use
853-13 by the blind to enable them to function more independently: a
853-14 slate and stylus, print enlarger, light probe, magnifier, white
853-15 cane, talking clock, large print terminal, talking terminal, or
853-16 harness for guide dog;
853-17 (11) hospital beds;
853-18 (12) blood glucose monitoring test strips; and
853-19 (13) an adjustable eating utensil used to facilitate
853-20 independent eating if purchased for use by a person, including a
853-21 person who is elderly or physically disabled, has had a stroke, or
853-22 is a burn victim, who does not have full use or control of the
853-23 person's hands or arms.
853-24 SECTION 18.010. Section 151.429(g), Tax Code, as amended by
853-25 Chapters 1121 and 1467, Acts of the 76th Legislature, Regular
853-26 Session, 1999, is reenacted to read as follows:
853-27 (g) The refund provided by this section is conditioned on
854-1 the enterprise project maintaining at least the same level of
854-2 employment of qualified employees as existed at the time it
854-3 qualified for a refund for a period of three years from that date.
854-4 The Texas Department of Economic Development shall annually certify
854-5 to the comptroller whether that level of employment of qualified
854-6 employees has been maintained. On the Texas Department of Economic
854-7 Development certifying that such a level has not been maintained,
854-8 the comptroller shall assess that portion of the refund
854-9 attributable to any such decrease in employment, including penalty
854-10 and interest from the date of the refund.
854-11 SECTION 18.011. Section 156.102(b), Tax Code, as amended by
854-12 Chapters 1359 and 1467, Acts of the 76th Legislature, Regular
854-13 Session, 1999, is reenacted to read as follows:
854-14 (b) For purposes of this section:
854-15 (1) a corporation or association that is organized and
854-16 operated exclusively for the cleaning of beaches and that has no
854-17 part of its net earnings inure to the benefit of a private
854-18 shareholder or individual is organized and operated exclusively for
854-19 a charitable purpose; and
854-20 (2) a public or private institution of higher
854-21 education is organized and operated exclusively for an educational
854-22 purpose only if the institution is defined as an institution of
854-23 higher education or as a Texas private or independent institution
854-24 of higher education under any subdivision of Section 61.003,
854-25 Education Code.
854-26 ARTICLE 19. CHANGES RELATING TO TRANSPORTATION CODE
854-27 SECTION 19.001. (a) Subtitle A, Title 4, Transportation
855-1 Code, is amended to codify Article 9006, Revised Statutes, by
855-2 adding Chapter 60 to read as follows:
855-3 CHAPTER 60. MISCELLANEOUS PROVISIONS
855-4 Sec. 60.001. THROWING BALLAST. (a) A master or officer in
855-5 charge of a vessel commits an offense if any part of the ballast of
855-6 the vessel is thrown from the vessel into the sea within six miles
855-7 of a bar or harbor in this state.
855-8 (b) An offense under this section is a misdemeanor
855-9 punishable by a fine of not less than $100 or more than $200.
855-10 (b) Article 9006, Revised Statutes, is repealed.
855-11 SECTION 19.002. (a) Subchapter B, Chapter 225,
855-12 Transportation Code, is amended to codify Chapter 812, Acts of the
855-13 75th Legislature, Regular Session, 1997, by adding Section 225.044
855-14 to read as follows:
855-15 Sec. 225.044. SERGIO GONZALEZ, JR., AND ALFREDO GUTIERREZ,
855-16 JR., M.D., LOOP. (a) Spur 239 in Val Verde County is designated as
855-17 the Sergio Gonzalez, Jr., and Alfredo Gutierrez, Jr., M.D., Loop.
855-18 (b) The department shall design and construct markers to be
855-19 placed along Loop 239 in Val Verde County indicating the highway
855-20 number, the designation as the Sergio Gonzalez, Jr., and Alfredo
855-21 Gutierrez, Jr., M.D., Loop, and any other appropriate information.
855-22 (c) The department shall erect a marker at each end of the
855-23 loop and at intermediate sites along the loop that the department
855-24 determines are appropriate.
855-25 (b) Chapter 812, Acts of the 75th Legislature, Regular
855-26 Session, 1997, is repealed.
855-27 SECTION 19.003. (a) Chapter 257, Transportation Code, is
856-1 amended to codify Article 726a, Revised Statutes, by adding
856-2 Subchapter Z to read as follows:
856-3 SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
856-4 Sec. 257.901. LAND DEVELOPMENT IN ROAD DISTRICT WITH
856-5 OUTSTANDING INDEBTEDNESS. (a) In this section:
856-6 (1) "Affected area" means the area:
856-7 (A) of an assessment road district; and
856-8 (B) within 1,500 feet of the boundary of an
856-9 assessment road district.
856-10 (2) "Assessment road district" means a road district
856-11 that has refinanced outstanding bonded indebtedness under
856-12 Subchapter C, Chapter 1471, Government Code.
856-13 (3) "Land development" means any action necessary or
856-14 customary in connection with the construction of improvements on
856-15 real property.
856-16 (4) "Regulation" means any ordinance, rule,
856-17 regulation, or application or interpretation of an ordinance, rule,
856-18 regulation, or application.
856-19 (b) After March 9, 1999, a political subdivision shall pay
856-20 the outstanding bonded indebtedness of an assessment road district
856-21 if the political subdivision changes regulations regarding land
856-22 development that apply to more than 20 percent of the land in the
856-23 assessment road district in a manner that reduces:
856-24 (1) the amount of impervious cover, as defined in the
856-25 regulations; or
856-26 (2) the total allowable floor area of a building on
856-27 developed land.
857-1 (c) Subsection (b) does not apply to an affected land owner
857-2 who agrees in writing to the regulation.
857-3 (d) On request of a person who owns land in an affected
857-4 area, the governing body of an assessment road district by
857-5 resolution may annex any part of the person's land that is within
857-6 two miles of the district's boundaries.
857-7 (e) After annexation of the land under this section, the
857-8 governing body of the district shall reapportion the remaining
857-9 assessment on the owner's land on a per acre basis for all of the
857-10 owner's land in the district.
857-11 (f) Chapter 245, Local Government Code, controls to the
857-12 extent of any conflict with this section.
857-13 (g) This section expires March 10, 2019.
857-14 (b) Article 726a, Revised Statutes, is repealed.
857-15 SECTION 19.004. Section 201.605, Transportation Code, is
857-16 repealed to conform with the repeal of the law from which it was
857-17 derived by Chapter 876, Acts of the 74th Legislature, Regular
857-18 Session, 1995.
857-19 SECTION 19.005. Section 472.022(e)(2), Transportation Code,
857-20 as amended by Chapters 789 and 965, Acts of the 76th Legislature,
857-21 Regular Session, 1999, is reenacted and amended to read as follows:
857-22 (2) "Construction or maintenance work zone" means a
857-23 portion of a highway or street:
857-24 (A) where highway construction or maintenance is
857-25 being undertaken, other than mobile operations as defined by the
857-26 Texas Manual on Uniform Traffic Control Devices; and
857-27 (B) that is marked by signs:
858-1 (i) indicating that it is a construction
858-2 or maintenance work zone;
858-3 (ii) indicating where the zone begins and
858-4 ends; and
858-5 (iii) stating: "Fines double when workers
858-6 present."
858-7 SECTION 19.006. Section 548.052, Transportation Code, as
858-8 amended by Chapters 963 and 1423, Acts of the 76th Legislature,
858-9 Regular Session, 1999, is amended to properly number subdivisions
858-10 to read as follows:
858-11 Sec. 548.052. VEHICLES NOT SUBJECT TO INSPECTION. This
858-12 chapter does not apply to:
858-13 (1) a trailer, semitrailer, pole trailer, or mobile
858-14 home moving under or bearing a current factory-delivery license
858-15 plate or current in-transit license plate;
858-16 (2) a vehicle moving under or bearing a paper dealer
858-17 in-transit tag, machinery license, disaster license, parade
858-18 license, prorate tab, one-trip permit, antique license, temporary
858-19 24-hour permit, or permit license;
858-20 (3) a trailer, semitrailer, pole trailer, or mobile
858-21 home having an actual gross weight or registered gross weight of
858-22 4,500 pounds or less;
858-23 (4) farm machinery, road-building equipment, a farm
858-24 trailer, or a vehicle required to display a slow-moving-vehicle
858-25 emblem under Section 547.703;
858-26 (5) a former military vehicle, as defined by Section
858-27 502.275; [or]
859-1 (6) a vehicle qualified for a tax exemption under
859-2 Section 152.092, Tax Code; or [.]
859-3 (7) [(6)] a vehicle for which a certificate of title
859-4 has been issued but that is not required to be registered.
859-5 SECTION 19.0065. Section 621.206, Transportation Code, is
859-6 amended to correctly letter subsections to read as follows:
859-7 Sec. 621.206. MAXIMUM EXTENDED LENGTH OF LOAD. (a) A
859-8 vehicle or combination of vehicles may not carry a load that
859-9 extends more than three feet beyond its front or, except as
859-10 permitted by other law, more than four feet beyond its rear.
859-11 (b) [(c)] Subsection (a) does not apply to vehicles
859-12 collecting garbage, rubbish, refuse, or recyclable materials which
859-13 are equipped with front-end loading attachments and containers
859-14 provided that the vehicle is actively engaged in the collection of
859-15 garbage, rubbish, refuse, or recyclable materials.
859-16 SECTION 19.007. Section 681.008, Transportation Code, as
859-17 amended by Chapters 738, 1195, and 1362, Acts of the 76th
859-18 Legislature, Regular Session, 1999, is reenacted and amended to
859-19 read as follows:
859-20 Sec. 681.008. PARKING PRIVILEGES: CERTAIN VETERANS. (a) A
859-21 vehicle may be parked for an unlimited period in a parking space or
859-22 area that is designated specifically for persons with physical
859-23 disabilities if:
859-24 (1) the vehicle is being operated by or for the
859-25 transportation of:
859-26 (A) the person who registered the vehicle under
859-27 Section 502.254(a); or
860-1 (B) a person described by Section 502.254(b) if
860-2 the vehicle is registered under that subsection; and
860-3 (2) there are displayed on the vehicle special license
860-4 plates issued under Section 502.254.
860-5 (b) A vehicle on which license plates issued under Section
860-6 502.254, 502.255, 502.257, 502.259, or 502.260 are displayed is
860-7 exempt from the payment of a parking fee collected through a
860-8 parking meter charged by a governmental authority other than a
860-9 branch of the federal government, when being operated by or for the
860-10 transportation of:
860-11 (1) the person who registered the vehicle under
860-12 Section 502.254(a), 502.255, 502.257, 502.259, or 502.260; or
860-13 (2) a person described in Section 502.254(b) if the
860-14 vehicle is registered under that subsection.
860-15 (c) This section does not permit a vehicle to be parked at a
860-16 time when or a place where parking is prohibited.
860-17 (d) [(b)] A governmental unit may provide by ordinance or
860-18 order that the exemption provided by Subsection (b) [(a)] also
860-19 applies to payment of a fee or penalty imposed by the governmental
860-20 unit for parking in a parking garage or lot or in a space with a
860-21 limitation on the length of time for parking.
860-22 SECTION 19.008. Section 684.001(5), Transportation Code, is
860-23 amended to correct a reference to read as follows:
860-24 (5) "Towing company" means a person operating a tow
860-25 truck registered under Chapter 643 [1135, Acts of the 70th
860-26 Legislature, Regular Session, 1987 (Article 6687-9b, Vernon's Texas
860-27 Civil Statutes)]. The term includes the owner, operator, employee,
861-1 or agent of a towing company, but does not include a political
861-2 subdivision of the state.
861-3 ARTICLE 20. CHANGES RELATING TO UTILITIES CODE
861-4 SECTION 20.001. Section 39.901(e), Utilities Code, is amended
861-5 to correct a reference to read as follows:
861-6 (e) Not later than May 1 of each year, the commission shall
861-7 transfer from the system benefit fund to the foundation school fund
861-8 the amounts determined by the Texas Education Agency under
861-9 Subsections (b) and (c). If in any year the system benefit fund is
861-10 insufficient to make the transfer designated by the Texas Education
861-11 Agency, the shortfall shall be included in the projected revenue
861-12 requirement for the system benefit fund the next time the
861-13 commission sets the fee under Section 39.903, and the shortfall
861-14 amount shall be transfered to the Foundation School Program the
861-15 following year. Amounts transferred from the system benefit fund
861-16 under this section may be appropriated only for the support of the
861-17 Foundation School Program and are available, in addition to any
861-18 amounts allocated by the General Appropriations Act, to finance
861-19 actions under Section 41.002(b) or 42.2521 [42.252(e)], Education
861-20 Code.
861-21 SECTION 20.002. Section 55.203(f), Utilities Code, is amended
861-22 to correct a reference to read as follows:
861-23 (f) The General Services Commission shall cooperate with the
861-24 commission and with publishers to ensure that the subject matter
861-25 listing of programs and telephone numbers in the telephone
861-26 directories are consistent with the categorization developed by the
861-27 Records Management Interagency Coordinating Council under Section
862-1 441.203(j) [441.053], Government Code.
862-2 ARTICLE 21. RENUMBERING
862-3 SECTION 21.001. The following provisions of enacted codes are
862-4 renumbered or relettered and appropriate cross-references are
862-5 changed to eliminate duplicate citations or to relocate misplaced
862-6 provisions:
862-7 (1) Chapter 46, Agriculture Code, as added by Chapter
862-8 975, Acts of the 76th Legislature, Regular Session, 1999, is
862-9 renumbered as Chapter 48, Agriculture Code, and Sections 46.001,
862-10 46.002, 46.003, 46.004, and 46.005, Agriculture Code, as added by
862-11 that Act, are renumbered as Sections 48.001, 48.002, 48.003,
862-12 48.004, and 48.005, Agriculture Code, respectively.
862-13 (2) Chapter 46, Agriculture Code, as added by Chapter
862-14 1459, Acts of the 76th Legislature, Regular Session, 1999, is
862-15 renumbered as Chapter 49, Agriculture Code, and Sections 46.001,
862-16 46.002, 46.003, 46.004, 46.005, and 46.006, Agriculture Code, as
862-17 added by that Act, are renumbered as Sections 49.001, 49.002,
862-18 49.003, 49.004, 49.005, and 49.006, Agriculture Code, respectively.
862-19 (3) Chapter 46, Agriculture Code, as added by Chapter
862-20 1074, Acts of the 76th Legislature, Regular Session, 1999, is
862-21 renumbered as Chapter 50, Agriculture Code, and Sections 46.001,
862-22 46.002, 46.003, and 46.004, Agriculture Code, as added by that Act,
862-23 are renumbered as Sections 50.001, 50.002, 50.003, and 50.004,
862-24 Agriculture Code, respectively.
862-25 (4) Section 11.72, Alcoholic Beverage Code, as added
862-26 by Chapter 577, Acts of the 76th Legislature, Regular Session,
862-27 1999, is renumbered as Section 11.73, Alcoholic Beverage Code.
863-1 (5) Section 61.86, Alcoholic Beverage Code, as added
863-2 by Chapter 577, Acts of the 76th Legislature, Regular Session,
863-3 1999, is renumbered as Section 61.87, Alcoholic Beverage Code.
863-4 (6) Subsection (e), Section 154.073, Civil Practice
863-5 and Remedies Code, as added by Chapter 1150, Acts of the 76th
863-6 Legislature, Regular Session, 1999, is relettered as Subsection
863-7 (f), Section 154.073, Civil Practice and Remedies Code.
863-8 (7) Subsection (d), Article 2.122, Code of Criminal
863-9 Procedure, as added by Chapter 197, Acts of the 76th Legislature,
863-10 Regular Session, 1999, is relettered as Subsection (e), Article
863-11 2.122, Code of Criminal Procedure.
863-12 (8) Subsection (h), Article 26.13, Code of Criminal
863-13 Procedure, as added by Chapter 425, Acts of the 76th Legislature,
863-14 Regular Session, 1999, is relettered as Subsection (i), Article
863-15 26.13, Code of Criminal Procedure.
863-16 (9) Article 42.015, Code of Criminal Procedure, as
863-17 added by Chapter 417, Acts of the 76th Legislature, Regular
863-18 Session, 1999, is renumbered as Article 42.012, Code of Criminal
863-19 Procedure.
863-20 (10) Subsection (e), Section 5, Article 42.12, Code of
863-21 Criminal Procedure, as added by Chapter 580, Acts of the 76th
863-22 Legislature, Regular Session, 1999, is relettered as Subsection
863-23 (f), Section 5, Article 42.12, Code of Criminal Procedure.
863-24 (11) Subsection (g), Section 11, Article 42.12, Code
863-25 of Criminal Procedure, as added by Chapter 27, Acts of the 76th
863-26 Legislature, Regular Session, 1999, is relettered as Subsection
863-27 (h), Section 11, Article 42.12, Code of Criminal Procedure.
864-1 (12) Subsection (f), Article 45.012, Code of Criminal
864-2 Procedure, as added by Chapter 701, Acts of the 76th Legislature,
864-3 Regular Session, 1999, is relettered as Subsection (h), Article
864-4 45.012, Code of Criminal Procedure.
864-5 (13) Article 46.04, Code of Criminal Procedure, as
864-6 added by Chapter 654, Acts of the 76th Legislature, Regular
864-7 Session, 1999, is renumbered as Article 46.05, Code of Criminal
864-8 Procedure.
864-9 (14) Article 61.07, Code of Criminal Procedure, as
864-10 added by Chapter 492, Acts of the 76th Legislature, Regular
864-11 Session, 1999, is renumbered as Article 61.10, Code of Criminal
864-12 Procedure.
864-13 (15) Article 61.08, Code of Criminal Procedure, as
864-14 added by Chapter 491, Acts of the 76th Legislature, Regular
864-15 Session, 1999, is renumbered as Article 61.11, Code of Criminal
864-16 Procedure.
864-17 (16) Subchapter K, Chapter 21, Education Code, as
864-18 added by Chapter 1590, Acts of the 76th Legislature, Regular
864-19 Session, 1999, is relettered as Subchapter L, Chapter 21, Education
864-20 Code, and Sections 21.501, 21.502, and 21.503, Education Code, as
864-21 added by that Act, are renumbered as Sections 21.551, 21.552, and
864-22 21.553, Education Code, respectively.
864-23 (17) Section 29.155, Education Code, as added by
864-24 Chapter 402, Acts of the 76th Legislature, Regular Session, 1999,
864-25 is renumbered as Section 29.157, Education Code.
864-26 (18) Section 51.946, Education Code, as added by
864-27 Chapter 307, Acts of the 76th Legislature, Regular Session, 1999,
865-1 is renumbered as Section 51.947, Education Code.
865-2 (19) Section 51.946, Education Code, as added by
865-3 Chapter 533, Acts of the 76th Legislature, Regular Session, 1999,
865-4 is renumbered as Section 51.948, Education Code.
865-5 (20) Section 54.010, Education Code, as added by
865-6 Chapter 1558, Acts of the 76th Legislature, Regular Session, 1999,
865-7 is renumbered as Section 54.011, Education Code.
865-8 (21) Section 61.086, Education Code, as added by
865-9 Chapter 1010, Acts of the 76th Legislature, Regular Session, 1999,
865-10 is renumbered as Section 61.087, Education Code.
865-11 (22) Subchapter T, Chapter 61, Education Code, as
865-12 added by Chapter 833, Acts of the 76th Legislature, Regular
865-13 Session, 1999, is relettered as Subchapter U, Chapter 61, Education
865-14 Code.
865-15 (23) Subchapter T, Chapter 61, Education Code, as
865-16 added by Chapter 1480, Acts of the 76th Legislature, Regular
865-17 Session, 1999, is relettered as Subchapter V, Chapter 61, Education
865-18 Code.
865-19 (24) Subchapter T, Chapter 61, Education Code, as
865-20 added by Chapter 1243, Acts of the 76th Legislature, Regular
865-21 Session, 1999, is relettered as Subchapter W, Chapter 61, Education
865-22 Code, and Sections 61.851, 61.852, 61.853, 61.854, 61.855, 61.856,
865-23 61.857, 61.858, 61.859, 61.860, 61.861, 61.862, and 61.863,
865-24 Education Code, as added by that Act, are renumbered as Sections
865-25 61.921, 61.922, 61.923, 61.924, 61.925, 61.926, 61.927, 61.928,
865-26 61.929, 61.930, 61.931, 61.932, and 61.933, Education Code,
865-27 respectively.
866-1 (25) Section 87.207, Education Code, as added by
866-2 Chapter 1305, Acts of the 76th Legislature, Regular Session, 1999,
866-3 is renumbered as Section 87.208, Education Code.
866-4 (26) Section 130.010, Education Code, as added by
866-5 Chapter 1549, Acts of the 76th Legislature, Regular Session, 1999,
866-6 is renumbered as Section 130.0101, Education Code.
866-7 (27) Chapter 151, Education Code, as added by Chapter
866-8 1311, Acts of the 76th Legislature, Regular Session, 1999, is
866-9 renumbered as Chapter 152, Education Code, and Sections 151.001,
866-10 151.002, 151.003, 151.004, 151.005, and 151.006, Education Code, as
866-11 added by that Act, are renumbered as Sections 152.001, 152.002,
866-12 152.003, 152.004, 152.005, and 152.006, Education Code,
866-13 respectively.
866-14 (28) Chapter 151, Education Code, as added by Chapter
866-15 1381, Acts of the 76th Legislature, Regular Session, 1999, is
866-16 renumbered as Chapter 153, Education Code, and Sections 151.001,
866-17 151.002, 151.003, 151.004, 151.005, 151.006, 151.007, and 151.008,
866-18 Education Code, as added by that Act, are renumbered as Sections
866-19 153.001, 153.002, 153.003, 153.004, 153.005, 153.006, 153.007, and
866-20 153.008, Education Code, respectively.
866-21 (29) Subsection (d), Section 51.095, Family Code, as
866-22 added by Chapter 1477, Acts of the 76th Legislature, Regular
866-23 Session, 1999, is relettered as Subsection (e), Section 51.095,
866-24 Family Code.
866-25 (30) Subsection (p), Section 54.01, Family Code, as
866-26 added by Chapter 1477, Acts of the 76th Legislature, Regular
866-27 Session, 1999, is relettered as Subsection (q), Section 54.01,
867-1 Family Code.
867-2 (31) Section 201.1065, Family Code, as added by
867-3 Chapter 556, Acts of the 76th Legislature, Regular Session, 1999,
867-4 is renumbered as Section 201.1066, Family Code.
867-5 (32) Section 231.011, Family Code, as added by Chapter
867-6 228, Acts of the 76th Legislature, Regular Session, 1999, is
867-7 renumbered as Section 231.015, Family Code.
867-8 (33) Section 234.006, Family Code, as added by Chapter
867-9 1072, Acts of the 76th Legislature, Regular Session, 1999, is
867-10 renumbered as Section 234.010, Family Code.
867-11 (34) Section 234.007, Family Code, as added by Chapter
867-12 1072, Acts of the 76th Legislature, Regular Session, 1999, is
867-13 renumbered as Section 234.011, Family Code.
867-14 (35) Section 301.033, Government Code, as added by
867-15 Chapter 377, Acts of the 76th Legislature, Regular Session, 1999,
867-16 is renumbered as Section 301.034, Government Code.
867-17 (36) Subchapter C, Chapter 401, Government Code, as
867-18 added by Chapter 952, Acts of the 73rd Legislature, Regular
867-19 Session, 1993, is relettered as Subchapter F, Chapter 401,
867-20 Government Code, and Sections 401.031 and 401.032, Government Code,
867-21 as added by that Act, and 401.033, Government Code, as added by
867-22 Chapter 520, Acts of the 76th Legislature, Regular Session, 1999,
867-23 are renumbered as Sections 401.101, 401.102, and 401.103,
867-24 Government Code, respectively.
867-25 (37) Subsection (h), Section 403.055, Government Code,
867-26 as added by Chapter 583, Acts of the 76th Legislature, Regular
867-27 Session, 1999, is relettered as Subsection (l), Section 403.055,
868-1 Government Code.
868-2 (38) Subchapter N, Chapter 403, Government Code, as
868-3 added by Chapter 1485, Acts of the 76th Legislature, Regular
868-4 Session, 1999, is relettered as Subchapter O, Chapter 403,
868-5 Government Code.
868-6 (39) Section 411.0098, Government Code, as added by
868-7 Chapter 150, Acts of the 76th Legislature, Regular Session, 1999,
868-8 is renumbered as Section 411.0091, Government Code.
868-9 (40) Subsection (b), Section 411.088, Government Code,
868-10 as added by Chapter 1024, Acts of the 76th Legislature, Regular
868-11 Session, 1999, is relettered as Subsection (c), Section 411.088,
868-12 Government Code.
868-13 (41) Section 443.015, Government Code, as added by
868-14 Chapter 1141, Acts of the 75th Legislature, Regular Session, 1997,
868-15 is renumbered as Section 443.0152, Government Code.
868-16 (42) Section 493.023, Government Code, as added by
868-17 Chapter 399, Acts of the 76th Legislature, Regular Session, 1999,
868-18 is renumbered as Section 493.024, Government Code.
868-19 (43) Section 493.023, Government Code, as added by
868-20 Chapter 541, Acts of the 76th Legislature, Regular Session, 1999,
868-21 is renumbered as Section 493.025, Government Code.
868-22 (44) Section 497.011, Government Code, as added by
868-23 Chapter 419, Acts of the 76th Legislature, Regular Session, 1999,
868-24 is renumbered as Section 497.012, Government Code.
868-25 (45) Section 508.225, Government Code, as added by
868-26 Chapter 62, Acts of the 76th Legislature, Regular Session, 1999, is
868-27 renumbered as Section 508.226, Government Code.
869-1 (46) Section 531.051, Government Code, as added by
869-2 Chapter 1013, Acts of the 76th Legislature, Regular Session, 1999,
869-3 is renumbered as Section 531.053, Government Code.
869-4 (47) Section 531.052, Government Code, as added by
869-5 Chapter 1013, Acts of the 76th Legislature, Regular Session, 1999,
869-6 is renumbered as Section 531.054, Government Code.
869-7 (48) Subchapter G, Chapter 531, Government Code, as
869-8 added by Chapter 446, Acts of the 76th Legislature, Regular
869-9 Session, 1999, is relettered as Subchapter H, Chapter 531,
869-10 Government Code.
869-11 (49) Section 551.086, Government Code, as added by
869-12 Chapter 1319, Acts of the 76th Legislature, Regular Session, 1999,
869-13 is renumbered as Section 551.087, Government Code.
869-14 (50) Section 551.086, Government Code, as added by
869-15 Chapter 312, Acts of the 76th Legislature, Regular Session, 1999,
869-16 is renumbered as Section 551.088, Government Code.
869-17 (51) Section 552.0035, Government Code, as added by
869-18 Chapter 1084, Acts of the 76th Legislature, Regular Session, 1999,
869-19 is renumbered as Section 552.0036, Government Code.
869-20 (52) Section 552.131, Government Code, as added by
869-21 Chapter 405, Acts of the 76th Legislature, Regular Session, 1999,
869-22 is renumbered as Section 552.133, Government Code.
869-23 (53) Section 552.131, Government Code, as added by
869-24 Chapter 783, Acts of the 76th Legislature, Regular Session, 1999,
869-25 is renumbered as Section 552.134, Government Code.
869-26 (54) Section 552.131, Government Code, as added by
869-27 Chapter 1335, Acts of the 76th Legislature, Regular Session, 1999,
870-1 is renumbered as Section 552.135, Government Code.
870-2 (55) Chapter 618, Government Code, as added by Chapter
870-3 1174, Acts of the 76th Legislature, Regular Session, 1999, is
870-4 transferred to Subtitle B, Title 6, Government Code, and renumbered
870-5 as Chapter 669, Government Code, and Sections 618.001, 618.002,
870-6 618.003, and 618.004, Government Code, as added by that Act, are
870-7 renumbered as Sections 669.001, 669.002, 669.003, and 669.004,
870-8 Government Code, respectively.
870-9 (56) Section 651.005, Government Code, as added by
870-10 Chapter 279, Acts of the 76th Legislature, Regular Session, 1999,
870-11 is renumbered as Section 651.006, Government Code.
870-12 (57) Subchapter H, Chapter 659, Government Code, as
870-13 added by Chapter 76, Acts of the 74th Legislature, Regular Session,
870-14 1995, is relettered as Subchapter I, Chapter 659, Government Code.
870-15 (58) Section 662.046, Government Code, as added by
870-16 Chapter 502, Acts of the 76th Legislature, Regular Session, 1999,
870-17 and Section 662.050, Government Code, as added by Chapter 1453,
870-18 Acts of the 76th Legislature, Regular Session, 1999, are renumbered
870-19 as Section 662.047, Government Code.
870-20 (59) Chapter 666, Government Code, as added by Chapter
870-21 279, Acts of the 76th Legislature, Regular Session, 1999, is
870-22 renumbered as Chapter 667, Government Code, and Sections 666.001,
870-23 666.002, 666.003, 666.004, 666.005, 666.006, 666.007, 666.008, and
870-24 666.009, Government Code, as added by that Act, are renumbered as
870-25 Sections 667.001, 667.002, 667.003, 667.004, 667.005, 667.006,
870-26 667.007, 667.008, and 667.009, Government Code, respectively.
870-27 (60) Chapter 666, Government Code, as added by Chapter
871-1 1178, Acts of the 76th Legislature, Regular Session, 1999, is
871-2 renumbered as Chapter 668, Government Code, and Sections 666.001
871-3 and 666.002, Government Code, as added by that Act, are renumbered
871-4 as Sections 668.001 and 668.002, Government Code, respectively.
871-5 (61) Section 813.511, Government Code, as added by
871-6 Chapter 226, Acts of the 76th Legislature, Regular Session, 1999,
871-7 is renumbered as Section 813.512, Government Code.
871-8 (62) (reserved for expansion)
871-9 (63) Section 2001.006, Government Code, as added by
871-10 Chapter 1233, Acts of the 76th Legislature, Regular Session, 1999,
871-11 is renumbered as Section 2001.007, Government Code.
871-12 (64) Section 2001.039, Government Code, as added by
871-13 Chapter 558, Acts of the 76th Legislature, Regular Session, 1999,
871-14 is renumbered as Section 2001.040, Government Code.
871-15 (65) Subsection (e), Section 2003.021, Government
871-16 Code, as added by Chapter 85, Acts of the 76th Legislature, Regular
871-17 Session, 1999, is relettered as Subsection (f), Section 2003.021,
871-18 Government Code.
871-19 (66) Section 2054.121, Government Code, as added by
871-20 Chapter 860, Acts of the 76th Legislature, Regular Session, 1999,
871-21 is renumbered as Section 2054.123, Government Code.
871-22 (67) Section 2054.122, Government Code, as added by
871-23 Chapter 860, Acts of the 76th Legislature, Regular Session, 1999,
871-24 is renumbered as Section 2054.124, Government Code.
871-25 (68) Section 2054.121, Government Code, as added by
871-26 Chapter 1233, Acts of the 76th Legislature, Regular Session, 1999,
871-27 is renumbered as Section 2054.125, Government Code.
872-1 (69) Section 2054.121, Government Code, as added by
872-2 Chapter 1573, Acts of the 76th Legislature, Regular Session, 1999,
872-3 is renumbered as Section 2054.126, Government Code.
872-4 (70) Chapter 2113, Government Code, as added by
872-5 Chapter 1554, Acts of the 76th Legislature, Regular Session, 1999,
872-6 is renumbered as Chapter 2114, Government Code, and Sections
872-7 2113.001, 2113.002, 2113.003, 2113.004, 2113.005, 2113.006, and
872-8 2113.007, Government Code, as added by that Act, are renumbered as
872-9 Sections 2114.001, 2114.002, 2114.003, 2114.004, 2114.005,
872-10 2114.006, and 2114.007, Government Code, respectively.
872-11 (71) Chapter 2259, Government Code, as added by
872-12 Chapter 1498, Acts of the 76th Legislature, Regular Session, 1999,
872-13 is renumbered as Chapter 2261, Government Code, and Sections
872-14 2259.001, 2259.002, 2259.003, 2259.051, 2259.052, 2259.101,
872-15 2259.102, 2259.151, 2259.201, 2259.202, and 2259.203, Government
872-16 Code, as added by that Act, are renumbered as Sections 2261.001,
872-17 2261.002, 2261.003, 2261.051, 2261.052, 2261.101, 2261.102,
872-18 2261.151, 2261.201, 2261.202, and 2261.203, Government Code,
872-19 respectively.
872-20 (72) Chapter 46, Health and Safety Code, as added by
872-21 Chapter 857, Acts of the 76th Legislature, Regular Session, 1999,
872-22 is renumbered as Chapter 48, Health and Safety Code, and Sections
872-23 46.001, 46.002, and 46.003, Health and Safety Code, as added by
872-24 that Act, are renumbered as Sections 48.001, 48.002, and 48.003,
872-25 Health and Safety Code, respectively.
872-26 (73) Chapter 46, Health and Safety Code, as added by
872-27 Chapter 1516, Acts of the 76th Legislature, Regular Session, 1999,
873-1 is renumbered as Chapter 49, Health and Safety Code, and Section
873-2 46.001, Health and Safety Code, as added by that Act, is renumbered
873-3 as Section 49.001, Health and Safety Code.
873-4 (74) Chapter 93, Health and Safety Code, as added by
873-5 Chapter 823, Acts of the 76th Legislature, Regular Session, 1999,
873-6 is renumbered as Chapter 94, Health and Safety Code, and Sections
873-7 93.001, 93.002, and 93.003, Health and Safety Code, as added by
873-8 that Act, are renumbered as Sections 94.001, 94.002, and 94.003,
873-9 Health and Safety Code, respectively.
873-10 (75) Chapter 166, Health and Safety Code, as added by
873-11 Chapter 642, Acts of the 76th Legislature, Regular Session, 1999,
873-12 is renumbered as Chapter 167, Health and Safety Code, and Section
873-13 166.001, Health and Safety Code, as added by that Act, is
873-14 renumbered as Section 167.001, Health and Safety Code.
873-15 (76) Subtitle E, Title 5, Health and Safety Code, as
873-16 amended by Chapter 713, Acts of the 76th Legislature, Regular
873-17 Session, 1999, is relettered as Subtitle F, Title 5, Health and
873-18 Safety Code.
873-19 (77) Chapter 421, Health and Safety Code, as added by
873-20 Chapter 713, Acts of the 76th Legislature, Regular Session, 1999,
873-21 is renumbered as Chapter 425, Health and Safety Code, and Sections
873-22 421.001 and 421.002, Health and Safety Code, as added by that Act,
873-23 are renumbered as Sections 425.001 and 425.002, Health and Safety
873-24 Code, respectively.
873-25 (78) Section 431.006, Health and Safety Code, as added
873-26 by Chapter 1298, Acts of the 76th Legislature, Regular Session,
873-27 1999, is renumbered as Section 431.007, Health and Safety Code.
874-1 (79) Section 461.062, Health and Safety Code, as added
874-2 by Chapter 678, Acts of the 71st Legislature, Regular Session,
874-3 1989, is renumbered as Section 481.062, Health and Safety Code.
874-4 (80) Section 775.041, Health and Safety Code, as added
874-5 by Chapter 914, Acts of the 76th Legislature, Regular Session,
874-6 1999, is renumbered as Section 775.043, Health and Safety Code.
874-7 (81) Subsection (v), Section 32.024, Human Resources
874-8 Code, as added by Chapter 1333, Acts of the 76th Legislature,
874-9 Regular Session, 1999, is relettered as Subsection (w), Section
874-10 32.024, Human Resources Code.
874-11 (82) Section 302.006, Labor Code, as added by Chapter
874-12 482, Acts of the 76th Legislature, Regular Session, 1999, is
874-13 renumbered as Section 302.007, Labor Code.
874-14 (83) Section 43.0752, Local Government Code, as added
874-15 by Chapter 293, Acts of the 76th Legislature, Regular Session,
874-16 1999, is renumbered as Section 43.0753, Local Government Code.
874-17 (84) Section 43.905, Local Government Code, as added
874-18 by Chapter 218, Acts of the 76th Legislature, Regular Session,
874-19 1999, is renumbered as Section 43.907, Local Government Code.
874-20 (85) Section 232.0031, Local Government Code, as added
874-21 by Chapter 460, Acts of the 76th Legislature, Regular Session,
874-22 1999, is renumbered as Section 232.0032, Local Government Code.
874-23 (86) Section 280.003, Local Government Code, as added
874-24 by Chapter 986, Acts of the 76th Legislature, Regular Session,
874-25 1999, is renumbered as Section 280.004, Local Government Code.
874-26 (87) Chapter 303, Local Government Code, as added by
874-27 Chapter 405, Acts of the 76th Legislature, Regular Session, 1999,
875-1 is renumbered as Chapter 304, Local Government Code, and Sections
875-2 303.001 and 303.002, Local Government Code, as added by that Act,
875-3 are renumbered as Sections 304.001 and 304.002, Local Government
875-4 Code, respectively.
875-5 (88) Subchapter H, Chapter 376, Local Government Code,
875-6 as added by Chapter 1017, Acts of the 76th Legislature, Regular
875-7 Session, 1999, is relettered as Subchapter I, Chapter 376, Local
875-8 Government Code, and Sections 376.301, 376.302, 376.303, 376.304,
875-9 376.305, 376.306, 376.307, 376.308, 376.309, 376.310, 376.311,
875-10 376.312, 376.313, 376.314, 376.315, 376.316, 376.317, 376.318,
875-11 376.319, 376.320, 376.321, 376.322, 376.323, 376.324, 376.325, and
875-12 376.326, Local Government Code, as added by that Act, are
875-13 renumbered as Sections 376.351, 376.352, 376.353, 376.354, 376.355,
875-14 376.356, 376.357, 376.358, 376.359, 376.360, 376.361, 376.362,
875-15 376.363, 376.364, 376.365, 376.366, 376.367, 376.368, 376.369,
875-16 376.370, 376.371, 376.372, 376.373, 376.374, 376.375, and 376.376,
875-17 Local Government Code, respectively.
875-18 (89) Subchapter H, Chapter 376, Local Government Code,
875-19 as added by Chapter 1324, Acts of the 76th Legislature, Regular
875-20 Session, 1999, is relettered as Subchapter J, Chapter 376, Local
875-21 Government Code, and Sections 376.301, 376.302, 376.303, 376.304,
875-22 376.305, 376.306, 376.307, 376.308, 376.309, 376.310, 376.311,
875-23 376.312, 376.313, 376.314, 376.315, 376.316, 376.317, 376.318,
875-24 376.319, 376.320, 376.321, 376.322, 376.323, 376.324, and 376.325,
875-25 Local Government Code, as added by that Act, are renumbered as
875-26 Sections 376.401, 376.402, 376.403, 376.404, 376.405, 376.406,
875-27 376.407, 376.408, 376.409, 376.410, 376.411, 376.412, 376.413,
876-1 376.414, 376.415, 376.416, 376.417, 376.418, 376.419, 376.420,
876-2 376.421, 376.422, 376.423, 376.424, and 376.425, Local Government
876-3 Code, respectively.
876-4 (90) Chapter 378, Local Government Code, as added by
876-5 Chapter 1221, Acts of the 76th Legislature, Regular Session, 1999,
876-6 is renumbered as Chapter 379, Local Government Code, and Sections
876-7 378.001, 378.002, 378.003, 378.004, 378.005, 378.006, 378.007,
876-8 378.008, 378.009, 378.010, 378.011, and 378.012, Local Government
876-9 Code, as added by that Act, are renumbered as Sections 379.001,
876-10 379.002, 379.003, 379.004, 379.005, 379.006, 379.007, 379.008,
876-11 379.009, 379.010, 379.011, and 379.012, Local Government Code,
876-12 respectively.
876-13 (91) Chapter 384, Local Government Code, as added by
876-14 Chapter 1283, Acts of the 76th Legislature, Regular Session, 1999,
876-15 is renumbered as Chapter 385, Local Government Code, and Sections
876-16 384.001, 384.002, 384.003, 384.004, 384.005, 384.006, 384.007,
876-17 384.008, 384.009, 384.010, 384.011, and 384.012, Local Government
876-18 Code, as added by that Act, are renumbered as Sections 385.001,
876-19 385.002, 385.003, 385.004, 385.005, 385.006, 385.007, 385.008,
876-20 385.009, 385.010, 385.011, and 385.012, Local Government Code,
876-21 respectively.
876-22 (92) Chapter 422, Local Government Code, as added by
876-23 Chapter 245, Acts of the 76th Legislature, Regular Session, 1999,
876-24 is renumbered as Chapter 423, Local Government Code, and Sections
876-25 422.001, 422.002, and 422.003, Local Government Code, as added by
876-26 that Act, are renumbered as Sections 423.001, 423.002, and 423.003,
876-27 Local Government Code, respectively.
877-1 (93) Section 12.48, Penal Code, as added by Chapter
877-2 417, Acts of the 76th Legislature, Regular Session, 1999, is
877-3 renumbered as Section 12.49, Penal Code.
877-4 (94) Subdivision (5), Subsection (b), Section 30.05,
877-5 Penal Code, as added by Chapter 765, Acts of the 76th Legislature,
877-6 Regular Session, 1999, is renumbered as Subdivision (6),
877-7 Subsection (b), Section 30.05, Penal Code.
877-8 (95) Section 5.010, Property Code, as added by Chapter
877-9 1239, Acts of the 75th Legislature, Regular Session, 1997, is
877-10 renumbered as Section 5.013, Property Code.
877-11 (96) Chapter 62, Property Code, as added by Chapter
877-12 742, Acts of the 76th Legislature, Regular Session, 1999, is
877-13 renumbered as Chapter 63, Property Code, and Sections 62.001,
877-14 62.002, 62.003, and 62.004, Property Code, as added by that Act,
877-15 are renumbered as Sections 63.001, 63.002, 63.003, and 63.004,
877-16 Property Code, respectively.
877-17 (97) Section 92.013, Property Code, as added by
877-18 Chapter 1439, Acts of the 76th Legislature, Regular Session, 1999,
877-19 is renumbered as Section 92.014, Property Code.
877-20 (98) Chapter 207, Property Code, as added by Chapter
877-21 871, Acts of the 76th Legislature, Regular Session, 1999, is
877-22 renumbered as Chapter 208, Property Code, and Sections 207.001,
877-23 207.002, 207.003, 207.004, 207.005, 207.006, 207.007, 207.008, and
877-24 207.009, Property Code, as added by that Act, are renumbered as
877-25 Sections 208.001, 208.002, 208.003, 208.004, 208.005, 208.006,
877-26 208.007, 208.008, and 208.009, Property Code, respectively.
877-27 (99) Subsection (i), Section 41.45, Tax Code, as added
878-1 by Chapter 416, Acts of the 76th Legislature, Regular Session,
878-2 1999, is relettered as Subsection (m), Section 41.45, Tax Code.
878-3 (100) Subsection (r), Section 151.318, Tax Code, as
878-4 added by Chapter 1040, Acts of the 75th Legislature, Regular
878-5 Session, 1997, is relettered as Subsection (p), Section 151.318,
878-6 Tax Code.
878-7 (101) Section 351.107, Tax Code, as added by Chapters
878-8 495 and 1467, Acts of the 76th Legislature, Regular Session, 1999,
878-9 is renumbered as Section 351.108, Tax Code.
878-10 (102) Subsection (h), Section 223.010, Transportation
878-11 Code, as added by Chapter 902, Acts of the 76th Legislature,
878-12 Regular Session, 1999, is relettered as Subsection (i), Section
878-13 223.010, Transportation Code.
878-14 (103) Section 225.041, Transportation Code, as added
878-15 by Chapter 1000, Acts of the 76th Legislature, Regular Session,
878-16 1999, is renumbered as Section 225.042, Transportation Code.
878-17 (104) Section 225.041, Transportation Code, as added
878-18 by Chapter 1164, Acts of the 76th Legislature, Regular Session,
878-19 1999, is renumbered as Section 225.043, Transportation Code.
878-20 (105) Section 502.1585, Transportation Code, as added
878-21 by Chapter 732, Acts of the 76th Legislature, Regular Session,
878-22 1999, is renumbered as Section 502.1586, Transportation Code.
878-23 (106) Section 502.298, Transportation Code, as added
878-24 by Chapter 862, Acts of the 76th Legislature, Regular Session,
878-25 1999, is renumbered as Section 502.2734, Transportation Code.
878-26 (107) Section 502.299, Transportation Code, as added
878-27 by Chapter 433, Acts of the 76th Legislature, Regular Session,
879-1 1999, is renumbered as Section 502.2932, Transportation Code.
879-2 (108) Section 502.299, Transportation Code, as added
879-3 by Chapter 634, Acts of the 76th Legislature, Regular Session,
879-4 1999, is renumbered as Section 502.2933, Transportation Code.
879-5 (109) Section 521.103, Transportation Code, as added
879-6 by Chapter 1189, Acts of the 76th Legislature, Regular Session,
879-7 1999, is renumbered as Section 521.104, Transportation Code.
879-8 (110) Section 55.012, Utilities Code, as added by
879-9 Chapter 835, Acts of the 76th Legislature, Regular Session, 1999,
879-10 is repealed.
879-11 (111) Section 55.012, Utilities Code, as added by
879-12 Chapter 1212, Acts of the 76th Legislature, Regular Session, 1999,
879-13 is renumbered as Section 55.016, Utilities Code.
879-14 (112) Section 5.123, Water Code, as added by Chapters
879-15 304 and 1082, Acts of the 75th Legislature, Regular Session, 1997,
879-16 is renumbered as Section 5.126, Water Code.
879-17 (113) Section 5.125, Water Code, as added by Chapter
879-18 187, Acts of the 76th Legislature, Regular Session, 1999, is
879-19 repealed.
879-20 (114) Subchapter M, Chapter 5, Water Code, as added by
879-21 Chapter 287, Acts of the 76th Legislature, Regular Session, 1999,
879-22 is relettered as Subchapter N, Chapter 5, Water Code, and Sections
879-23 5.551, 5.552, 5.553, 5.554, 5.555, 5.556, 5.557, 5.558, and 5.559,
879-24 Water Code, as added by that Act, are renumbered as Sections 5.601,
879-25 5.602, 5.603, 5.604, 5.605, 5.606, 5.607, 5.608, and 5.609, Water
879-26 Code, respectively.
879-27 SECTION 21.002. The following reference changes are made to
880-1 conform the provisions amended to the renumbering changes made by
880-2 Section 21.001 of this Act:
880-3 (1) Section 46.002, Agriculture Code, as added by
880-4 Chapter 1074, Acts of the 76th Legislature, Regular Session, 1999,
880-5 is renumbered as Section 50.002, Agriculture Code, as provided by
880-6 this article, and amended to read as follows:
880-7 Sec. 50.002 [46.002]. TERM OF AWARD. An award under Section
880-8 50.001 [46.001] must be granted for a two-year period and may be
880-9 extended at the end of that period after review.
880-10 (2) Subdivision (4), Section 49.001, Agriculture Code,
880-11 as renumbered from Section 46.001, Agriculture Code, by this
880-12 article, is amended to read as follows:
880-13 (4) "Eligible institution" means an institution of
880-14 higher education, as that term is defined by Section 61.003,
880-15 Education Code, that is designated as an eligible institution under
880-16 Section 49.002(e) [46.002(e)].
880-17 (3) Subsection (a), Section 154.073, Civil Practice
880-18 and Remedies Code, is amended to read as follows:
880-19 (a) Except as provided by Subsections (c), (d), [and] (e),
880-20 and (f), a communication relating to the subject matter of any
880-21 civil or criminal dispute made by a participant in an alternative
880-22 dispute resolution procedure, whether before or after the
880-23 institution of formal judicial proceedings, is confidential, is not
880-24 subject to disclosure, and may not be used as evidence against the
880-25 participant in any judicial or administrative proceeding.
880-26 (4) Section 21.502, Education Code, as added by
880-27 Chapter 1590, Acts of the 76th Legislature, Regular Session, 1999,
881-1 is renumbered as Section 21.552, Education Code, as provided by
881-2 this article, and amended to read as follows:
881-3 Sec. 21.552 [21.502]. PROGRAM ESTABLISHED. The State Board
881-4 for Educator Certification by rule shall establish the Teach for
881-5 Texas Pilot Program consistent with the purposes provided by
881-6 Section 21.551 [21.501].
881-7 (5) Subsection (c), Section 61.531, Education Code, is
881-8 amended to read as follows:
881-9 (c) A physician who receives repayment assistance under this
881-10 subchapter may not receive assistance under Subchapter E, Chapter
881-11 106 [Chapter 46], Health and Safety Code.
881-12 (6) Subsection (c), Section 497.010, Government Code,
881-13 is amended to read as follows:
881-14 (c) It is an exception to the application of this section
881-15 that the article or product sold is a state flag or similar item
881-16 produced for sale or distribution by the legislature under Section
881-17 301.034 [301.033].
881-18 (7) Section 552.029, Government Code, is amended to
881-19 read as follows:
881-20 Sec. 552.029. RIGHT OF ACCESS TO CERTAIN INFORMATION
881-21 RELATING TO INMATE OF DEPARTMENT OF CRIMINAL JUSTICE.
881-22 Notwithstanding Section 508.313 or 552.134 [552.131], the following
881-23 information about an inmate who is confined in a facility operated
881-24 by or under a contract with the Texas Department of Criminal
881-25 Justice is subject to required disclosure under Section 552.021:
881-26 (1) the inmate's name, identification number, age,
881-27 birthplace, physical description, or general state of health or the
882-1 nature of an injury to or critical illness suffered by the inmate;
882-2 (2) the inmate's assigned unit or the date on which
882-3 the unit received the inmate, unless disclosure of the information
882-4 would violate federal law relating to the confidentiality of
882-5 substance abuse treatment;
882-6 (3) the offense for which the inmate was convicted or
882-7 the judgment and sentence for that offense;
882-8 (4) the county and court in which the inmate was
882-9 convicted;
882-10 (5) the inmate's earliest or latest possible release
882-11 dates;
882-12 (6) the inmate's parole date or earliest possible
882-13 parole date;
882-14 (7) any prior confinement of the inmate by the Texas
882-15 Department of Criminal Justice or its predecessor; or
882-16 (8) basic information regarding the death of an inmate
882-17 in custody, an incident involving the use of force, or an alleged
882-18 crime involving the inmate.
882-19 (8) Subsection (a), Section 48.003, Health and Safety
882-20 Code, as renumbered from Section 46.003, Health and Safety Code, by
882-21 this article, is amended to read as follows:
882-22 (a) The department shall establish and operate a
882-23 certification program for persons who act as promotoras. In
882-24 establishing the program, the board shall adopt rules that provide
882-25 minimum standards and guidelines, including participation in the
882-26 training and education program under Section 48.002 [46.002], for
882-27 issuance of a certificate to a person under this section.
883-1 (9) Subsection (a), Section 376.369, Local Government
883-2 Code, as renumbered from Section 376.319, Local Government Code, by
883-3 this article, is amended to read as follows:
883-4 (a) If authorized at an election held in accordance with
883-5 Section 376.368 [376.318], the district may impose and collect an
883-6 annual ad valorem tax on taxable property in the district for the
883-7 maintenance and operation of the district and the improvements
883-8 constructed or acquired by the district or for the provision of
883-9 services.
883-10 (10) Subsection (a), Section 376.420, Local Government
883-11 Code, as renumbered from Section 376.320, Local Government Code, by
883-12 this article, is amended to read as follows:
883-13 (a) The district may impose and collect an annual ad valorem
883-14 tax on taxable property in the district for the maintenance and
883-15 operation of the district and the improvements constructed or
883-16 acquired by the district or for the provision of services only if:
883-17 (1) two-thirds of the board members vote in favor of
883-18 imposing the tax; and
883-19 (2) the tax is authorized at an election held in
883-20 accordance with Section 376.419 [376.319].
883-21 (11) Subsection (b), Section 379.008, Local Government
883-22 Code, as renumbered from Section 378.008, Local Government Code, by
883-23 this article, is amended to read as follows:
883-24 (b) For the base property and areas adjacent to the base
883-25 property the board shall:
883-26 (1) promote economic development;
883-27 (2) attempt to reduce unemployment;
884-1 (3) encourage the development of new industry by
884-2 private businesses; and
884-3 (4) encourage financing of projects designated under
884-4 Section 379.009 [378.009].
884-5 (12) Subsection (b), Section 379.011, Local Government
884-6 Code, as renumbered from Section 378.011, Local Government Code, by
884-7 this article, is amended to read as follows:
884-8 (b) Section 25.07(a), Tax Code, applies to a leasehold or
884-9 other possessory interest in real property granted by an authority
884-10 for a project designated under Section 379.009(a) [378.009(a)] in
884-11 the same manner as it applies to a leasehold or other possessory
884-12 interest in real property constituting a project described by
884-13 Section 4B(k), Development Corporation Act of 1979 (Article 5190.6,
884-14 Vernon's Texas Civil Statutes).
884-15 (13) Subsection (a), Section 385.007, Local Government
884-16 Code, as renumbered from Section 384.007, Local Government Code, by
884-17 this article, is amended to read as follows:
884-18 (a) A district by order may impose a sales and use tax under
884-19 this chapter to finance the operations of the district only if the
884-20 tax is approved at an election held under Section 385.003
884-21 [384.003].
884-22 (14) Subsection (a), Section 385.010, Local Government
884-23 Code, as renumbered from Section 384.010, Local Government Code, by
884-24 this article, is amended to read as follows:
884-25 (a) A district that has adopted a sales and use tax under
884-26 this chapter may, by order and subject to Section 385.007(b)
884-27 [384.007(b)], change the rate of the tax or repeal the tax if the
885-1 change or repeal is approved by a majority of the votes received in
885-2 the district at an election held for that purpose.
885-3 (15) Section 12.48, Penal Code, as added by Chapter
885-4 417, Acts of the 76th Legislature, Regular Session, 1999, is
885-5 renumbered as Section 12.49, Penal Code, as provided by this
885-6 article, and amended to read as follows:
885-7 Sec. 12.49 [12.48]. PENALTY IF CONTROLLED SUBSTANCE USED TO
885-8 COMMIT OFFENSE. If the court makes an affirmative finding under
885-9 Article 42.012 [42.015], Code of Criminal Procedure, in the
885-10 punishment phase of the trial of an offense under Chapter 29,
885-11 Chapter 31, or Title 5, other than a first degree felony or a Class
885-12 A misdemeanor, the punishment for the offense is increased to the
885-13 punishment prescribed for the next highest category of offense. If
885-14 the offense is a Class A misdemeanor, the minimum term of
885-15 confinement for the offense is increased to 180 days.
885-16 (16) Subsection (c), Section 63.004, Property Code, as
885-17 renumbered from Section 62.004, Property Code, by this article, is
885-18 amended to read as follows:
885-19 (c) A lien that is converted to a purchase money lien on
885-20 real property under Section 63.003 [62.003] may be refinanced with
885-21 another lien on the real property to which the manufactured home is
885-22 permanently attached as provided by Section 2.001(b).
885-23 (17) Subsection (c), Section 208.002, Property Code,
885-24 as renumbered from Section 207.002, Property Code, by this article,
885-25 is amended to read as follows:
885-26 (c) This chapter applies to property in the area of a
885-27 historic neighborhood that is zoned for or that contains a
886-1 commercial structure, an industrial structure, an apartment
886-2 complex, or a condominium development covered by Title 7 only if
886-3 the owner of the property signed a restrictive covenant that
886-4 includes the property in a common scheme for preservation of
886-5 historic property as described by Section 208.004 [207.004].
886-6 (18) Subsection (c), Section 208.005, Property Code,
886-7 as renumbered from Section 207.005, Property Code, by this article,
886-8 is amended to read as follows:
886-9 (c) The amendment or termination of a restrictive covenant
886-10 is effective and applies to each separately owned parcel or tract
886-11 subject to the common scheme for preservation of historic property
886-12 if the owners of at least 75 percent of the parcels or tracts who
886-13 vote on the issue in accordance with Section 208.006 [207.006] vote
886-14 in favor of the amendment or termination of the restrictive
886-15 covenant.
886-16 (19) Section 223.010(a), Transportation Code, is
886-17 amended to read as follows:
886-18 (a) Five percent of the contract price shall be retained
886-19 until the entire improvement has been completed and accepted,
886-20 except as provided by Subsections [Subsection] (h) and (i).
886-21 (20) Subsection (g), Section 521.421, Transportation
886-22 Code, is amended to read as follows:
886-23 (g) The department shall collect an additional fee of $1 for
886-24 the issuance or renewal of a license to fund the anatomical gift
886-25 educational program established under Chapter 49 [46], Health and
886-26 Safety Code, if the person applying for or renewing a license opts
886-27 to pay the additional fee. The department shall remit fees
887-1 collected under this subsection to the comptroller, who shall
887-2 maintain the identity of the source of the fees.
887-3 (21) Subsection (c), Section 521.422, Transportation
887-4 Code, is amended to read as follows:
887-5 (c) The department shall collect an additional fee of $1 for
887-6 the issuance or renewal of a personal identification card to fund
887-7 the anatomical gift educational program established under Chapter
887-8 49 [46], Health and Safety Code, if the person applying for or
887-9 renewing a personal identification card opts to pay the additional
887-10 fee. The department shall remit fees collected under this
887-11 subsection to the comptroller, who shall maintain the identity of
887-12 the source of the fees.
887-13 (22) Subsection (b), Section 39.354, Utilities Code,
887-14 is amended to read as follows:
887-15 (b) In this section, "municipal aggregator" means a person
887-16 authorized by two or more municipal governing bodies to join the
887-17 bodies into a single purchasing unit to negotiate the purchase of
887-18 electricity from retail electric providers or aggregation by a
887-19 municipality under Chapter 304 [303], Local Government Code.
887-20 (23) Subsection (b), Section 39.3545, Utilities Code,
887-21 is amended to read as follows:
887-22 (b) In this section, "political subdivision aggregator"
887-23 means a person or political subdivision corporation authorized by
887-24 two or more political subdivision governing bodies to join the
887-25 bodies into a single purchasing unit or multiple purchasing units
887-26 to negotiate the purchase of electricity from retail electric
887-27 providers for the facilities of the aggregated political
888-1 subdivisions or aggregation by a person or political subdivision
888-2 under Chapter 304 [303], Local Government Code.
888-3 SECTION 21.003. If the number, letter, or designation
888-4 assigned by Section 21.001 of this Act conflicts with a number,
888-5 letter, or designation assigned by another Act of the 77th
888-6 Legislature:
888-7 (1) the other Act controls, and the change made by
888-8 Section 21.001 of this Act has no effect; and
888-9 (2) any cross-reference change made by Section 21.002
888-10 of this Act to conform to that change made by Section 21.001 of
888-11 this Act has no effect.
888-12 ARTICLE 22. EFFECTIVE DATE
888-13 SECTION 22.001. (a) Except as provided by Subsection (b) of
888-14 this section, this Act takes effect September 1, 2001.
888-15 (b) Section 8.104 of this Act takes effect July 1, 2001, if
888-16 this Act receives a vote of two-thirds of all the members elected
888-17 to each house, as provided by Section 39, Article III, Texas
888-18 Constitution. If this Act does not receive the vote necessary for
888-19 effect of that section on that date, the section takes effect
888-20 September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2812 was passed by the House on April
26, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2812 was passed by the Senate on May
22, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor